HB3462 94TH GENERAL ASSEMBLY

LRB094 03852 RSP 41873 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3462

Introduced 02/23/05, by Rep. Patricia Reid Lindner

SYNOPSIS AS INTRODUCED:

225 ILCS 345/13	from Ch. 111, par. 7114
415 ILCS 30/3	from Ch. 111 1/2, par. 116.113
415 ILCS 30/5	from Ch. 111 1/2, par. 116.115
415 ILCS 30/6	from Ch. 111 1/2, par. 116.116
415 ILCS 30/9.1 new
415 ILCS 30/9.2 new

Amends the Water Well and Pump Installation Contractor's License Act by increasing certain fee provisions. Amends the Illinois Water Well Construction Code. Requires the Department of Public Health, no later than November 1, 2005, to issue permits for the construction or modification of closed loop wells. Provides that the closed loop well construction fee shall be a one time fee not to exceed $200. Prohibits any person to engage in the occupation of closed loop well contractor without a valid registration issued by the Department of Public Health. Sets forth certain requirements for this registration and authorizes the Department to assess a fee related to this registration. Makes other changes. Effective October 1, 2005.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

(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(Section scheduled to be repealed on January 1, 2012)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 $100 $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 $100 $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 $160 $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 $75 $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 $100 $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 $20 $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 $30 $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 and 9.2 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, except closed loop wells using USP food grade propylene glycol as a coolant.

(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 contractor" means any person who installs closed loop wells for another person. "Closed loop contractor" does not include the employees 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 thee closed loop cooling and heating system.

(M) "Closed loop well system" is 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 commencing no later than November 1, 2005, 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 $200 $100, for permits for construction of water wells and a one time fee, not to exceed $200, for permits for the construction of closed loop well systems issued under the authority of this Act. 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, for the issuance of the permit, and for inspecting the construction of the water well or closed loop well system.

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

(415 ILCS 30/9.1 new)

Sec. 9.1. Registration. No person shall engage in the occupation of a closed loop contractor unless he or she holds a valid registration as a closed loop contractor. All closed loop contractors doing business in the State must file an application for registration with the Illinois Department of Public Health annually. All applicants for registration as closed loop contractors shall submit verification of certification by the International Ground Source Heat Pump Association with the application for registration as closed loop contractors beginning November 1, 2005 and shall have until November 1, 2007 to submit verification of certification by the Department. After November 1, 2007, all applicants for registration as closed loop contractors shall submit verification of certification by both the International Ground Source Heat Pump Association and the Department with the application for registration as a closed loop contractor. All closed loop contractors shall renew their registration annually. The Department shall collect annual registration fees, in an amount established by the Department by rule. The Department must begin to issue closed loop contractor registrations under this Section no later than November 1, 2005.

(415 ILCS 30/9.2 new)

Sec. 9.2. Certification. Applications for certification as a closed loop contractor shall be made to the Department in writing and under oath or affirmation upon forms prescribed and furnished by the Department. The applications shall contain any information the Department deems necessary in order to carry out the provisions of this Act. The Department shall issue certifications as a closed loop contractor to those individuals who are qualified and have successfully passed the Department's closed loop contractor's certification exam. The Department shall establish the time of the closed loop contractor's exam and the qualifications for the closed loop contractor's certification by rule. The Department shall collect the fee for the closed loop contractor's qualification exam, the amount of which shall be established by rule. The Water Well and Pump Installation Contractor Licensing Board shall advise and aid the Department in preparing subject matter for the closed loop contractor's certification exam. Any person holding a valid State of Illinois Department of Public Health Water Well Contractor's license or State of Illinois Department of Public Health Water Well and Pump Installation Contractor's license may apply and receive, without examination or fee, a closed loop contractor's certification provided that all other requirements of this Act are met. The Department must begin to issue closed loop contractor certifications under this Section no later than November 1, 2005.

Section 99. Effective date. This Act takes effect October 1, 2005.