HOUSE BILL REPORT
HB 1939
As Reported by House Committee On:
Economic Development, Agriculture & Trade
Appropriations
Title: An act relating to the minimum standards for construction and maintenance of wells.
Brief Description: Concerning well construction.
Sponsors: Representatives Linville, Newhouse, Hinkle and Pettigrew.
Brief History:
Economic Development, Agriculture & Trade: 2/23/05, 2/28/05 [DP];
Appropriations: 3/5/05 [DP].
Brief Summary of Bill |
|
|
|
|
|
|
HOUSE COMMITTEE ON ECONOMIC DEVELOPMENT, AGRICULTURE & TRADE
Majority Report: Do pass. Signed by 14 members: Representatives Linville, Chair; Pettigrew, Vice Chair; Skinner, Assistant Ranking Minority Member; Blake, Chase, Clibborn, Grant, Kenney, McCoy, Morrell, Newhouse, Quall, P. Sullivan and Wallace.
Minority Report: Do not pass. Signed by 9 members: Representatives Kristiansen, Ranking Minority Member; Buri, Condotta, Dunn, Haler, Holmquist, Kilmer, Kretz and Strow.
Staff: Caroleen Dineen (786-7156).
Background:
The Water Well Construction Act (WWCA) governs the design, construction, alteration, and
decommissioning of water wells and resource protection wells in this state. The Department
of Ecology (DOE) regulates well design, construction, and maintenance.
Licensing Requirements. Generally, water well operators and resource protection well
operators must be licensed. Several licensure exemptions are specified in statute, including
persons: constructing a well on their own land; performing labor or services for a well
contractor supervised by a licensed operator; and licensed as an architect, engineer, or land
surveyor. The WWCA specifies requirements for obtaining and maintaining well operator
licenses. These include field experience and written and on-site examinations.
Continuing Education Requirements. Once licensed, well operator licensees must complete
continuing education requirements specified in the DOE's implementing rules.
License Renewals. Well operator licenses are subject to renewal every two years. A licensee
must submit a renewal application, renewal fee, and proof of completion of continuing
education requirements. If proof of completion of the continuing education requirements is
not submitted with a license renewal application, the license expires at the end of its effective
term. A licensee whose license has expired must apply to the DOE for a new license. The
DOE may waive the written and on-site examination requirements for a person whose license
has expired.
Fees. Fees are established in statute for wells constructed and decommissioned in this state.
The fee for one new water well is either $100 or $200, depending on the diameter of the
well's top casing. The fee for a new resource protection well is $40. Fees also are specified
for environmental investigation wells and for construction and decommissioning of a
dewatering well system.
Reports. A well contractor must furnish a well report to the DOE Director within 30 days
after completing well construction or alteration. The DOE Director must specify the form of
the report and the required information by rule.
Well Sealing and Decommissioning. Upon request by a local health district or a county, the
DOE may delegate authority to administer and enforce the well tagging, sealing, and
decommissioning components of the water well construction program. The delegation must
be accomplished through a memorandum of agreement that specifies the authorities delegated
to the local governing body. The memorandum of agreement must provide for an initial
review of the delegation within one year and for periodic review after the first year.
Complaints. Any person with an economic or noneconomic interest may make a written
complaint against a well contractor or operator for violations of the WWCA or the DOE's
implementing rules. The DOE must respond by issuing an order it deems appropriate.
Technical Advisory Group. The DOE is required by statute to have a 12-member technical
advisory group to advise the agency on rule development, construction and maintenance
standards, licensing examinations, and training criteria for inspectors, well contractors, and
well operators. The technical advisory group includes:
Summary of Bill:
Well definitions are added to or modified in the WWCA. A "grounding well" is defined as a
ground electrode installed in the earth by the use of drilling equipment to prevent buildup or
voltages that may result in undue hazards to persons or equipment (includes anode and
cathode protection wells). A "ground source heat pump boring" is defined as a vertical
boring constructed for the purpose of installing a closed loop heat exchange system for a
ground source heat pump. The definitions of water well and resource protection well are
modified to include both ground source heat pump borings and grounding wells.
Other WWCA definitions are modified. The "abandoned well" definition is modified to
apply to wells that are either unusable or are risks to public health and welfare. The "owner"
or "well owner" definition is amended to include persons or entities with the right to the well
based on an easement, covenant, or other enforceable legal instrument for purposes of benefit
from the well. In addition, the "well contractor" definition is revised to reference licensing
and bonding under the state contractor registration statutes.
Continuing Education Requirements. A person seeking a new license or license renewal
must complete continuing education programs as required by DOE rule. The DOE rules
must establish a method for approving continuing education providers and criteria to evaluate
proposed programs, to assign credits, and to report and verify completion. The DOE may not
approve any continuing education program unless: (1) the program is offered by an approved
provider; (2) the program is open to all persons licensed or pursuing a license; and (3) the
fees charged are reasonable for all persons wanting to attend the program.
The DOE must provide a current list of continuing education programs by approved
providers to licensees upon request and post this list on the DOE's website. The DOE also
must provide technical assistance and presenters to approved providers upon request.
License Renewals. Revisions to the license renewal process are specified. A license will be
suspended at the end of its effective term if a licensee fails to submit the renewal application,
renewal fee, and proof of completion of required continuing education. During the
suspension period, the licensees may not perform the work authorized by the license. The
licensee has 30 days to submit all required renewal materials. Continuing education obtained
during the suspension period may apply only to the next renewal period. The license expires
if the licensee fails to submit all the renewal materials by the end of the 30-day suspension.
In consultation with the technical advisory group, the DOE must adopt rules allowing for an
extension of the 30-day suspension period for circumstances beyond a licensee's control. The
DOE rules also must allow for a retirement or inactive license.
Fees. The fee for one water well is increased to $200 or $300, depending on the diameter of
the well's top casing. Ground source heat pump borings and grounding wells fees are $40 for
up to four units per project and $10 for each additional unit - these are exempt from the $200
water well and the $40 resource protection well fees.
Fees for decommissioning wells are specified. A $50 fee is imposed for decommissioning a
water well. A $20 fee is imposed for decommissioning a resource protection well, ground
source heat pump boring, or grounding well. No fee is required to decommission an
environmental investigation well or a geotechnical soil boring.
Reports. Any person authorized in the WWCA to construct or decommission a well must
furnish a well report within 30 days after construction or decommissioning of a well.
Well Sealing and Decommissioning. The memorandum of agreement delegating authority
for well tagging, sealing, and decommissioning portions of the water well construction
program must be renewed at least annually. The DOE, in consultation with its technical
advisory group, must adopt rules outlining the annual review and reporting process. The
DOE must make a detailed summary of a review available to well contractors and operators
upon request and must publish reviews on its web site.
Complaints. Any person who can demonstrate material harm by the actions or inactions of a
well contractor, operator, or trainee, or a person who has knowledge of illegal activities by a
well contractor, operator, or trainee may submit a written complaint to the DOE. The DOE
may investigate and establish the complaint's validity. If evidence establishes a violation of
the WWCA or the DOE's implementing rules, the DOE may respond by issuing an order
appropriate to the violation.
Technical Advisory Group. Members representing the DOH and local health departments
must regularly work on issues related to drinking water wells. The professional engineer
representative must be knowledgeable about the design and construction of wells, and the
scientist position is changed to a licensed hydrogeologist. In addition to other duties, the
technical advisory group must assist the DOE to establish continuing education providers and
develop evaluation procedures for all continuing education offerings.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: The DOE and the Washington State Ground Water Association have worked for a couple of years on this legislation and support this bill. The current fees were established in 1993, and resources are needed to ensure better compliance. The fee increases in this bill will allow the DOE to increase the number of delegated counties and the well inspection rate. The 30-day license extension in this bill is very important. An improperly constructed well can cause huge problems; this bill ensures licensed operators will construct wells that are not currently regulated and will improve the program.
Testimony Against: None.
Persons Testifying: William Neal, Washington State Ground Water Association; Ken Slattery, Washington Department of Ecology; and Debbie Riley, Mason County Environmental Health Department and Washington Association of Local Public Health Officials.
HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: Do pass. Signed by 18 members: Representatives Sommers, Chair; Fromhold, Vice Chair; Buri, Cody, Conway, Darneille, Dunshee, Grant, Haigh, Hinkle, Hunter, Kagi, Kenney, Kessler, Linville, McDermott, Miloscia and Schual-Berke.
Minority Report: Do not pass. Signed by 10 members: Representatives Alexander, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Armstrong, Bailey, Clements, Pearson, Priest, Talcott and Walsh.
Staff: Alicia Paatsch (786-7178).
Summary of Recommendation of Committee On Appropriations Compared to
Recommendation of Committee On Economic Development, Agriculture & Trade:
No new changes were recommended.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: This is an important bill for the statewide well drilling program. The bill will increase the number of counties that are delegated for inspecting wells, will increase inspections by 50 percent, will add four to six additional counties to our delegated list, and improves partnerships with Washington Well Drillers Association to re-license well drillers.
Testimony Against: None.
Persons Testifying: Joe Stohr, Department of Ecology.