Thank you for the opportunity to provide comments on the Regulation of Virginia Backflow Prevention Device Workers. JLARC studies are typically very thorough, but it seems they may have not have clearly understood the duties of the Backflow Prevention Device Worker (BPDW), and the importance of their work. A backflow prevention assembly’s (BPA) serves as our protection from contamination of our drinking water supply, and our BPDW’s are our front line of defense to ensure that these assemblies are properly maintained and working correctly.  DPOR even states that their job is to maintain BPA’s so that they “prevent the contamination of the potable water supply by the introduction of nonpotable liquids, solids, or gases, thus ensuring that the potable water supply remains unaltered and free from impurities, odor, discoloration, bacteria, and other contaminants which would make the potable water supply unfit or unsafe for consumption and use” (§ 54.1-1128). 

With all of the recent press involving water quality issues, and in the midst of a global pandemic, where safe water is so crucial, for consumption, hygiene, and disinfection procedures, how could we possibly want to take one of our valuable safety nets off of the table?  Clean water is a public trust that is bestowed upon local and state governments.  A contamination event can easily create a complete erosion of the public’s trust of their local governmental bodies. Do we really want to jeopardize this trust by allowing unlicensed or unregulated personnel to test and guarantee this ever so important task?  Surprisingly, it only takes 3 things to cause a contamination of our water supply: 1. a contaminant (chemicals, pollutants, etc.); 2. a cross connection (either direct or indirect connections between the water supply and a potential source of contamination); and 3. a hydraulic condition (something that causes a significant pressure change in the water distribution system such as main breaks, equipment failure, fire-fighting, etc.).  Typically all of these situations can occur in every water system in Virginia.  So what keeps us safe from this potential source of contaminated water?  Properly installed BPA’s and the BPDWs whom ensures their proper operation.  

Knowing these facts, how can anyone possibly draw a conclusion that this profession does not meet the criteria of being necessary for the protection or preservation of the health, safety, and welfare of the public?  We must continue to ensure that the individuals whom perform this vital work are properly trained, educated, and certified.  We cannot afford to allow this work to be performed by uncertified or unregulated individuals.  Having the BPDW license, and the hard work and cost that is required to complete the certification process, also serves as a deterrent for those whom might otherwise perform testing or maintenance of these assemblies in a unsatisfactory manner, as they don’t want to jeopardize the license that they worked so hard to obtain.  Having a sole source for licensing at the state level also ensures an equal level of proficiency, and continuity across the state.  Can you imagine trying to operate a large fire sprinkler, plumbing, heavy highway, or irrigation company that services backflow preventers across upwards of 30 or more different counties and or municipalities across the commonwealth without a centralized BPDW certification program?  Would they have to attend a locally required course to obtain a local license for each area that they serve? This would lead us back to the nightmare scenarios of the past before we had the BPDW program. When we had of various levels competency, and endless licensing requirements throughout the state based on geographical region. 

The current DPOR BPDW certification and licensing program works.  It provides qualified, experienced, and technically efficient personnel for all regions of the state.  Be it the large cities, or the rural outlying areas of the commonwealth, the DPOR BPDW certification program ensures that there are equally competent personnel performing this vital service to ensure our water distribution systems remain free from potential sources of contamination.  It must remain in place.