BILL REQ. #:  S-3801.1 

Read first time 01/20/2004.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to water well construction; amending RCW 18.104.100, 18.104.120, 18.104.180, and 18.104.190; adding a new section to chapter 18.104 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 18.104 RCW to read as follows:
     (1) Every licensed operator shall complete, during their compliance period, the continuing education unit requirement as determined by the department. Continuing education units will be on the subjects of (a) well construction, testing, operation, and maintenance; (b) well construction equipment, tools, safety, and methods; (c) well construction, operation, and maintenance codes and rules; (d) operator licensing codes and rules and local ordinances concerning the construction, operation, and maintenance of wells; and (e) other subjects that apply to the ground water and well construction industry as established by rule. Every licensed operator shall obtain the required continuing education units during the compliance period and submit to the department verification of completion statements from approved providers.
     (2) Any organization or individual may apply to the department to become an approved continuing education provider. The department will be a continuing education provider of last resort by only providing continuing education courses for licensees in the event that no other approved providers are available. Continuing education providers may only be organizations or individuals with a history of providing continuing education courses that comply with the requirements for course approval under this section and the rules adopted under this section. In the case where an applicant cannot demonstrate a history of providing continuing education courses, the applicant must submit a continuing education provider comprehensive plan to the department. The department, with the assistance of the technical advisory group, will establish by rule the necessary elements for the comprehensive plan. The purpose of the comprehensive plan is to determine the applicant's resources and ability to comply with all of the requirements of an approved course provider. An approved continuing education provider must, at a minimum, develop and implement methods to evaluate its course offerings to determine their effectiveness and the extent to which they meet the needs of licensed operators. The continuing education provider must be able to provide, upon request from the department, course evaluations from attendees. The continuing education provider will obtain course approval and credit value prior to offering the course to licensees. The continuing education provider must present courses consistent with this section and rules adopted by the department and make the course available to all licensed operators and trainees at locations logistically chosen to facilitate the attendance of licensees throughout the state.
     (3) The department, with the help of the technical advisory group, must adopt by rule methods to approve courses and establish course credit for continuing education units and the amount of continuing education units required by licensees. To be approved for credit, a continuing education course must be of intellectual or practical content, contribute directly to the ground water and well construction industry, and promote professional competence, skills, and understanding of professional or ethical obligations. If a course does not bear entirely on the general requirements for continuing education of the ground water or well construction industry, or if the method of presenting the course is below minimum standards, the department may assign partial credit. Courses must be presented in a suitable setting devoted to the educational activity of the program. A continuing education may not consist solely of television viewing in the home correspondence work, or self-study, except as the department may approve to accommodate the needs of the handicapped, incapacitated, or any licensee who may be out of state for the majority of his or her compliance period. Video, motion picture, or audiotape presentations may be used, but only if a presenter is in attendance at all presentations to comment and answer questions. The course must be opened to all licensed operators and trainees. The department must make available to all interested parties, upon request, a list of all approved continuing education providers and courses. The department must, with the assistance of the technical advisory group, adopt rules that will allow providers to obtain prior approval of continuing education courses or which may allow providers to obtain postpresentation approval of continuing education courses. The department may, with the assistance of the technical advisory group, establish by rule other requirements for course approval.

Sec. 2   RCW 18.104.100 and 1993 c 387 s 17 are each amended to read as follows:
     (1) Licenses issued pursuant to this chapter shall be renewed every two years. A license shall be renewed upon payment of a renewal fee and completion of continuing education required by this chapter and rules adopted by the department. If a licensee fails to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education, the license shall ((expire)) be suspended at the end of its effective term. The licensee is not allowed to perform work authorized by the license during the time that it is suspended. The licensee has ninety days to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education for the renewal period. Continuing education obtained during the ninety-day suspension period may be applied only to the next renewal period. If a licensee fails to submit an application for renewal, the renewal fee, and proof of completion of the required continuing education by the end of the ninety-day suspension period, the license expires.
     (2) The department shall send a notice of suspension to all licensees within ten days of their license being suspended. A person whose license has expired must apply for a new license as provided in this chapter. The department may, upon demonstration of good cause, waive the requirement for a written examination and on-site testing for a person whose license has expired.
     (3) The department ((may)) shall refuse to renew a license if the licensee has not complied with an order issued by the department or has not paid a penalty imposed in accordance with this chapter, unless the order or penalty is under appeal.
     (4) The department may issue a conditional license to enable a former licensee to comply with an order to correct problems with a well.

Sec. 3   RCW 18.104.120 and 1993 c 387 s 19 are each amended to read as follows:
     Any person ((with an economic or noneconomic interest)) who can demonstrate being materially harmed by the actions or inactions of a well contractor or operator may make a complaint against ((any)) the well contractor or operator for violating this chapter or any ((regulations)) rules adopted under it to the department ((of ecology)). The complaint shall be in writing, signed by the complain- ant, and specify the grievances against the licensee. The department ((shall)) may investigate and establish the validity of the complaint. In the event evidence is gathered to establish a violation of this chapter or the rules adopted under it has occurred, the department shall respond to the complaint by issuance of an order ((it deems)) appropriate to the violation. Review of the order shall be subject to the hearings procedures set forth in RCW 18.104.130.

Sec. 4   RCW 18.104.180 and 1993 c 387 s 24 are each amended to read as follows:
     No license under this chapter shall be required of:
     (1) Any individual who personally constructs a well on land which is owned or leased by the individual or in which the individual has a beneficial interest as a contract purchaser and is used by the individual for farm or single-family residential use only. An individual who constructs a well without a license pursuant to this subsection shall comply with all other requirements of this chapter and rules adopted by the department, including but not limited to, well construction standards, payment of well construction fees, and notification of well construction required by RCW 18.104.048. An individual without a license may construct not more than one well every two years pursuant to the provisions of this subsection.
     (2) An individual who performs labor or services for a well contractor in connection with the construction of a well at the direction and under the supervision and control of a licensed operator who is present at the construction site.
     (3) A person licensed under the provisions of chapter 18.08, 18.235, or 18.43 RCW if in the performance of duties covered by those licenses.

Sec. 5   RCW 18.104.190 and 1993 c 387 s 25 are each amended to read as follows:
     (1) For the purpose of carrying out the provisions of this chapter, the director shall appoint a technical advisory group, chaired by the department. The technical advisory group shall have twelve members: Two members shall represent the department of ecology((,)); six members shall represent resource protection well contractors or water well contractors((,)); one member, who regularly works on issues related to drinking water wells, shall represent the department of health((,)); one member, who regularly works on issues related to drinking water wells, shall represent local health departments((,)); one member, knowledgeable in the design and construction of wells, shall represent licensed professional engineers((,)); and one member ((shall be a scientist)), who is a licensed hydrogeologist, knowledgeable in the design and construction of wells.
     (2) The technical advisory group shall assist the department in the development and revision of rules; the preparation and revision of licensing requirements and examinations; the development of training criteria for ((inspectors, well contractors, and well operators;)) qualified field investigators; and the review of proposed changes to the minimum standards for construction and maintenance of wells by local governments for the purpose of achieving continuity with technology and state rules.
     (3) The group shall meet at least twice each year to review rules and suggest any necessary changes.
     (4) Each member of the group shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses while engaged in the business of the group as prescribed in RCW 43.03.050 and 43.03.060.