SB0254sam001 96TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 3/25/2009

09600SB0254sam001 LRB096 04711 ASK 24224 a

AMENDMENT TO SENATE BILL 254

AMENDMENT NO. ______. Amend Senate Bill 254 by replacing everything after the enacting clause with the following:

"Section 5. The Water Well and Pump Installation Contractor's License Act is amended by changing Sections 6 and 13 as follows:

(225 ILCS 345/6) (from Ch. 111, par. 7107)

(Section scheduled to be repealed on January 1, 2012)

Sec. 6. Water Well and Pump Installation Contractors Licensing Board; Closed Loop Well Contractors Certification Board.

(a) There is created in the Department the Water Well and Pump Installation Contractors Licensing Board which shall exercise its duties provided in this Act under the supervision of the Department. The Water Well and Pump Installation Contractors Licensing Board shall consist of 6 members, designated from time to time by the Director. Two members shall be licensed water well contractors, two members shall be licensed water well pump installation contractors, and two members shall be licensed water well and pump installation contractors. In making the appointments to the Water Well and Pump Installation Contractors Licensing Board, the Director shall consider the recommendation of the Illinois Association of Groundwater Professionals or a successor organization.

The members of the Water Well and Pump Installation Contractors Licensing Board shall be reimbursed for necessary traveling expenses in accordance with travel regulations prescribed by the Department of Finance.

The Water Well and Pump Installation Contractors Licensing Board shall advise and aid the Director in:

(1) (a) preparing subject matter for continuing education sessions and examinations to test the knowledge and skills of applicants for license in the construction, installation and repair of water wells, well pumps, water pressure storage tanks, connecting piping and related appurtenances, including proper sealing of abandoned water wells, and the rules and regulations of the Department promulgated pursuant to the Illinois Pump Installation Code Law and the Illinois Water Well Construction Code Law;

(2) (b) promulgating rules to govern the number of hours of continuing education required for a continuing education session, examinations, hearings for suspension or revocation of or refusal to issue or renew a license, clarifying the law as it relates to water well and pump installation contracting;

(3) (c) holding examinations of applicants for license at least once a year prior to November 1st in each year;

(4) (d) holding hearings for the revocation or suspension of, or refusal to issue, renew or reinstate licenses;

(5) (e) submitting recommendations to the Director from time to time for the efficient administration of this Act;

(6) (f) grading all tests and examinations for licenses and promptly reporting the results to the Director; and

(7) (g) performing such other duties from time to time prescribed by the Director; and .

(8) conferring with the Closed Loop Well Contractors Certification Board regarding the installation of closed loop wells. For purposes of this item (8), the term "closed loop well" shall be limited to the construction of the bore hole and the grouting of the bore hole.

(b) There is created in the Department the Closed Loop Well Contractors Certification Board, which shall exercise its duties provided in this Act under the supervision of the Department. The Closed Loop Well Contractors Certification Board shall consist of 6 members, designated from time to time by the Director. The 6 members must be closed loop well contractors who are registered under this Act. In making appointments to the Closed Loop Well Contractors Certification Board, the Director shall consider the recommendations of the Geothermal Alliance of Illinois, or its successor organization. Recommendations shall include consideration of statewide geographical representation.

The members of the Closed Loop Well Contractors Certification Board shall be reimbursed for necessary traveling expenses in accordance with travel regulations prescribed by the Governor's Travel Control Board.

The Closed Loop Well Contractors Certification Board shall advise and aid the Director in:

(1) preparing subject matter for continuing education sessions relating to closed loop wells and closed loop well systems, and preparing examinations to test the knowledge and skills of applicants for certification relating to the construction, installation, and repair of closed loop wells and closed loop well systems and the rules and regulations of the Department promulgated pursuant to this Act for closed loop wells and closed loop well systems;

(2) promulgating rules relating to (i) closed loop wells and closed loop well systems, (ii) continuing education requirements, (iii) examinations, (iv) hearings for suspension or revocation of or refusal to issue or renew a certification, and (v) the installation of closed loop wells and closed loop well systems;

(3) holding examinations of applicants for certification at least once a year prior to November 1st in each year;

(4) holding hearings for the revocation or suspension of, or refusal to issue, renew, or reinstate, certifications;

(5) submitting recommendations to the Director from time to time for the efficient administration of this Act;

(6) grading all tests and examinations for certifications, and promptly reporting the results to the Director;

(7) performing such other duties as may be from time to time prescribed by the Director; and

(8) conferring with the Water Well and Pump Installation Contractors Licensing Board regarding the installation of closed loop wells. For purposes of this item (8), the term "closed loop well" shall be limited to the construction of the bore hole and the grouting of the bore hole.

(Source: P.A. 90-692, eff. 1-1-99.)

(225 ILCS 345/13) (from Ch. 111, par. 7114)

(Section scheduled to be repealed on January 1, 2012)

Sec. 13. The fee to be paid by an applicant for an examination to determine his fitness to receive a license as a water well contractor is $50.

The fee to be paid by an applicant for an examination to determine his fitness to receive a license as a water well pump installation contractor is $50.

The fee to be paid by an applicant for an examination to determine his fitness to receive a license as a water well and pump installation contractor is $80.

The fee to be paid by an applicant for the annual renewal of a license as a water well contractor or water well pump installation contractor is $25.

The fee to be paid by an applicant for the annual renewal of a license as a water well and pump installation contractor is $35.

The fee to be paid by an applicant for the reinstatement of a water well contractor license or a water well pump installation contractor license which has lapsed less than 3 years is $10, plus all lapsed renewal fees.

The fee to be paid by an applicant for restoration of a water well contractor's license or water well pump installation contractor's license which has lapsed more than three years is $150.

The fee to be paid by an applicant for the reinstatement of a water well and pump installation contractor license which has lapsed less than 3 years is $15, plus all lapsed renewal fees.

The fee to be paid by an applicant for the restoration of a license as a water well and pump installation contractor which has lapsed more than 3 years is $175.

There shall be no reduction in such fees because a license when issued may be valid for less time than a full license year.

(Source: P.A. 77-1626.)

Section 10. The Illinois Water Well Construction Code is amended by changing Sections 3, 5, and 6 and by adding Sections 9.1, 9.2, and 9.3 as follows:

(415 ILCS 30/3) (from Ch. 111 1/2, par. 116.113)

Sec. 3. Definitions. As used in this Act, unless the context otherwise requires:

(a) "Construction" means all acts necessary to obtaining ground water by any method, including without limitation the location of and the excavation for the well, but not including prospecting, surveying or other acts preparatory thereto, nor the installation of pumps and pumping equipment.

(b) "Department" means the Department of Public Health.

(c) "Director" means the Director of Public Health.

(d) "Modification" means any change, replacement or other alteration of any water well which shall be contrary to the rules and regulations regarding the construction of a well.

(e) "Water well" means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, diversion, artificial recharge, or acquisition of ground water, but such term does not include an excavation made for the purpose of obtaining or prospecting for oil, natural gas, minerals or products of mining or quarrying or for inserting media to repressure oil or natural gas bearing formation or for storing petroleum, natural gas or other products or for observation or any other purpose in connection with the development or operation of a gas storage project.

(f) "Public water system", "community water system", "non-community water system", "semi-private water system" and "private water system" have the meanings ascribed to them in the Illinois Groundwater Protection Act.

(g) "Potential route", "potential primary source" and "potential secondary source" have the meanings ascribed to them in the Environmental Protection Act.

(h) "Closed loop well" means a sealed, watertight loop of pipe buried outside of a building foundation intended to recirculate a liquid solution through a heat exchanger.

(i) "Monitoring well" means a water well intended for the purpose of determining groundwater quality or quantity.

(j) "Closed loop well contractor" means any person who installs closed loop wells for another person. "Closed loop well contractor" does not include the employee of a closed loop contractor.

(k) "Horizontal closed loop well" means a closed loop well constructed to contain horizontal piping and the installation and grouting of the horizontal piping not exceeding 20 feet in depth and the connection to the horizontal header of the closed loop cooling and heating system.

(l) "Vertical closed loop well" means a closed loop well constructed to contain vertical piping and the installation and grouting of the vertical piping exceeding 20 feet in depth and the connection to the horizontal header of the closed loop cooling and heating system.

(m) "Closed loop well system" means the entire system containing the horizontal closed loop well or wells, the vertical closed loop well or wells, the header piping, the heating and cooling equipment, and the connections to the heating and cooling equipment.

(Source: P.A. 86-843.)

(415 ILCS 30/5) (from Ch. 111 1/2, par. 116.115)

Sec. 5. Department powers and duties.

The Department has general supervision and authority over the location, construction and modification of water wells, closed loop wells and monitoring wells and for the administration of this Act. With respect thereto it shall:

(a) Adopt and publish, and from time to time amend rules and regulations as hereinafter provided;

(b) Commencing no later than January 1, 1988, issue permits for the construction or change in depth of any water well other than community public water systems and monitoring wells; and

(b-5) Commencing no later than January 1, 2010, issue permits for the construction and modification of closed loop well systems; and

(c) Exercise such other powers as are practical and reasonably necessary to carry out and enforce the provisions of this Act.

(Source: P.A. 86-843.)

(415 ILCS 30/6) (from Ch. 111 1/2, par. 116.116)

Sec. 6. Rules and regulations. The Department shall adopt and amend rules and regulations reasonably necessary to effectuate the policy declared by this Act. Such rules and regulations shall provide criteria for the proper location and construction of any water well, closed loop well, or monitoring well and shall, no later than January 1, 1988, provide for the issuance of permits for the construction and operation of water wells other than community public water systems, closed loop wells and monitoring wells. The Department shall by regulation require a one time fee, not to exceed $100, for permits for construction of water wells and for permits for the construction of closed loop well systems. Water well and closed loop well system construction permit fees shall be for the purpose of reviewing the water well or closed loop well system permit application and for the issuance of the permit issued under the authority of this Act.

(Source: P.A. 86-843.)

(415 ILCS 30/9.1 new)

Sec. 9.1. Closed loop well contractor certification.

(a) On or before January 1, 2010, the Department shall issue closed loop well contractor certificates to those applicants who are qualified and have successfully passed the Department's closed loop well contractor's certification exam. Application for certification as a closed loop well contractor must be made to the Department in writing and under oath or affirmation upon forms prescribed and furnished by the Department. Applications may require any information the Department deems necessary in order to carry out the provisions of this Act. The Department shall collect a $50 fee for the closed loop contractor's qualification exam.

(b) Any person holding a valid water well contractor's license issued under the Water Well and Pump Installation Contractor's License Act may apply and receive, without examination or fee, a closed loop contractor's certification, provided that all other requirements of this Act are met.

(c) Any person who only installs horizontal closed loop wells using the open trench method shall be exempt from certification under this Section.

(415 ILCS 30/9.2 new)

Sec. 9.2. Closed loop well contractor registration.

(a) Beginning on January 1, 2010, no person may engage in the occupation of a closed loop well contractor unless he or she holds a valid certificate of registration as a closed loop well contractor issued by the Department.

(b) All closed loop well contractors doing business in this State must annually file an application for registration with the Department.

(c) All applications filed for registration under this Section before November 1, 2010 must be accompanied by verification of the certification of the applicant by the International Ground Source Heat Pump Association, or a successor organization, as a closed loop well contractor and the applicant must submit proof of certification under Section 9.1 of this Act, unless specifically exempt from certification in Section 9.1 of this Act, before November 1, 2010.

(d) All applications filed for registration under this Section on or after November 1, 2010 must be accompanied by verification of the certification of the applicant by the International Ground Source Heat Pump Association, or a successor organization, as a closed loop well contractor and proof of certification under Section 9.1 of this Act, unless specifically exempt from certification in Section 9.1 of this Act.

(e) Certificates of registration issued under this Section shall expire and must be renewed on an annual basis.

(f) The Department shall collect an annual fee of $25.

Section 99. Effective date. This Act takes effect upon becoming law.".