5 Colo. Code Regs. § 1003-2-100.63
Sections 25-9-104 and 25-9-108, C.R.S. provide the specific statutory authority for the adoption of amendments to the established regulatory provisions of Regulation 100 (5 CCR 1003-2) governing fees and related requirements for water and wastewater facility operators. The Board hereby adopts, in compliance with section 24-4-103(4), C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The Board held a rulemaking hearing on December 12, 2023, and revised certain portions of sections 100.15 through 100.17 to ensure that appropriate fees are collected to meet and improve the needs and processes of the program.
The Board determined that, effective March 1, 2024, the cost of administered operator examinations in Colorado will increase from $100 to $104, which requires a revision to Regulation 100.17.2(b) since it currently lists exam fees as $100. The Board revised the exam fee to reflect the increase established by the Board's contract with the test provider, Water Professionals International (WPI), that becomes effective on March 1, 2024. Exam fees will continue to go directly to WPI, formerly the Association of Boards of Certification (ABC).
Upon the Board's request, a Board subcommittee was formed to determine whether simultaneous revisions could be made to Regulation 100 that would generate program revenue without having to raise program fees or application costs. The subcommittee proposed additional revisions to Regulation 100 as a means of generating program revenue without increasing application costs, and to improve the program in general. Consistent with the subcommittee's proposal, the Board made the following revisions:
Section 100.17.1(c)(ii). The Board raised the fee for out-of-state operators seeking reciprocity in Colorado to align the reciprocity fee with the amount an in-state applicant would pay to become a certified operator.
100.17.3(a). The Board raised the late fee for certification renewals. Regulation 100 allows operators to apply for renewal up to two years following the expiration date of a certification (known as the "restoration period"). The Board believes that the program provides operators ample opportunity to timely renew their certifications, and the increased late fee is generous in comparison to what other states charge for late renewals, including the restoration period.
Section 100.17.4(a)(iv). The Board decreased the number of courses in a batch for providers requesting training unit course approval. Taking into consideration the amount of time it takes for the program to review course content for approval, the Board deemed the new batch amount as fair and appropriate. Reducing the number of courses in a batch still provides a financial benefit for the course provider and better compensates the program for its time.
Finally, the Board revised section 100.15.1(e) to shorten the eligibility period for retaking exams from 180 days to 100 days to ensure the operator certification program (program) is not simply creating good test takers, but rather quality operators that take the time to study and prepare for each exam attempt. This allows an operator three testing attempts under one exam application, with some flexibility for scheduling. The program still wants to allow multiple opportunities for individuals to enter the operator workforce, and three attempts at one examination was deemed more appropriate and fair.
5 CCR 1003-2-100.63