Chapter 496 Oregon Laws 2001

AN ACT

SB 579

Relating to well constructors; creating new provisions; amending ORS 537.747; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 to 4 of this 2001 Act are added to and made a part of ORS 537.747 to 537.765.

SECTION 2. (1) There is established a Well Constructors Continuing Education Committee consisting of four members appointed by the Water Resources Director as follows:

(a) Three persons from the well drilling industry licensed pursuant to ORS 537.747; and

(b) One person from the regulatory community.

(2) The term of office of each member is three years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become effective immediately for the unexpired term.

(3) A member of the committee is entitled to travel expenses as provided in ORS 292.495.

(4) Members of the committee must be residents of this state who are knowledgeable about the principles of well construction.

(5) The committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with the duties and powers necessary for the performance of the functions of such offices as the committee determines.

(6) Three members of the committee constitute a quorum for the transaction of business. At least three members of the committee must approve all official actions or decisions of the committee.

SECTION 3. Notwithstanding the term of office specified by section 2 of this 2001 Act, of the members first appointed to the Well Constructors Continuing Education Committee:

(1) One shall serve for a term ending June 30, 2002.

(2) One shall serve for a term ending June 30, 2003.

(3) Two shall serve for terms ending June 30, 2004.

SECTION 4. (1) The Well Constructors Continuing Education Committee shall recommend to the Water Resources Commission a process for reviewing and approving continuing education requirements for licensed water well constructors established by rule pursuant to subsection (2) of this section.

(2) The commission shall adopt rules necessary for the administration of a continuing education program for licensed water well constructors consistent with the recommendations of the committee.

(3) The rules adopted by the commission under this section for the continuing education program shall:

(a) Authorize the committee to review and approve continuing education courses and to assign continuing education credits.

(b) At a minimum require, for renewal of a license issued under ORS 537.747, that an applicant:

(A) Through clinics, schools, professional organizations or seminars, lectures or other courses of study that relate to the practice of well construction and that are approved by the committee, obtain continuing education credits during each licensing period in an amount designated by the commission, but not to exceed 14 credits; and

(B) Furnish proof on a form approved by the committee that the applicant has complied with the continuing education requirements during the preceding licensing period unless the applicant is exempt under subsection (4) of this section.

(4) The commission may waive the continuing education requirements established by rule pursuant to subsection (2) of this section for a licensed water well constructor if the constructor submits satisfactory evidence of inability to attend continuing education courses because of health, military duty or other circumstances beyond the control of the constructor.

SECTION 5. ORS 537.747 is amended to read:

537.747. (1) No person shall advertise services to construct, alter, abandon or convert wells, offer to enter or enter into a contract with another person or public agency to construct, alter, abandon or convert a well for such other person, cause any well construction, alteration, abandonment or conversion to be performed under such a contract or operate well drilling machinery without possessing a water well constructor’s license therefor in good standing issued by the Water Resources Department. The department shall adopt a single water well constructor’s license that may specify the type of well, type of well alteration or construction or type of well drilling machine operation for which the water well constructor is qualified.

(2) Notwithstanding subsection (1) of this section, a person may operate a well drilling machine without a water well constructor’s license if supervised by one who possesses such a license.

(3) A person shall be qualified to receive a water well constructor’s license if the person:

(a) Is at least 18 years of age.

(b) Has passed a written examination conducted by the department to determine fitness to operate as a water well constructor.

(c) Has paid a license fee and an examination fee according to the fee schedule set forth under subsection (6) of this section.

(d) Has one year or more experience in the operation of well drilling machinery.

(4) Upon fulfillment of all the requirements set out in subsection (3) of this section, the department shall issue the applicant a water well constructor’s license in a form prescribed by the department. The license may be issued for a period of [either one year or five] two years.

(5) A water well constructor’s license shall expire on June 30. A person may renew a license [may be renewed] by submitting an application and the appropriate fees any time before the license expires but not later than one year after the license expires. At the time of application, the person shall provide the department with evidence of compliance with the continuing education requirements established pursuant to section 4 of this 2001 Act. A person who renews a license within the 12 months after the license expires may either pay a penalty fee set forth under subsection (6)(d) of this section or requalify for a water well constructor’s license in accordance with subsection (3) of this section. If a person fails to renew a license within 12 months after expiration the person must comply with the requirements of subsection (3) of this section for a new water well constructor’s license.

(6) The department shall collect in advance the following fees:

(a) An examination fee of $20.

(b) A license fee of [$50 for a license issued for one year, or $200 for a license issued for a period of five years] $150.

(c) A renewal fee of [$50 for a one-year license renewed before the license expires or $200 for a five-year license renewed before the license expires] $150.

(d) Unless a person requalifies for a water well constructor’s license in accordance with subsection (3) of this section, a water well constructor shall pay a renewal fee of [$100 for a one-year license] $250 if the license is renewed within 12 months after expiration [or $250 for a five-year license if the license is renewed within 12 months after expiration].

(e) If a person requalifies for a water well constructor’s license under subsection (3) of this section, the person shall pay the renewal fee established under paragraph (c) of this subsection.

(7) The department may revoke, suspend or refuse to renew any water well constructor’s license when it appears to the satisfaction of the department, after notice and opportunity to be heard by the licensee, that the licensee has failed to comply with the provisions of ORS 537.505 to 537.795 and 537.992 applicable to such licensee or any order or rule adopted thereunder applicable to such licensee, or has made a material misstatement of fact on an application for a license or well log or established a pattern of conduct that willfully or negligently violates any provision of ORS 537.505 to 537.795 and 537.992, or any rule adopted pursuant thereto, applicable to such licensee.

(8) The provisions of subsection (3) of this section requiring one year or more experience in the operation of well drilling machinery do not apply to any person who, on July 1, 1981, holds the license required by this section and who continues thereafter to maintain the license in good standing.

(9) The fees collected under subsection (6) of this section shall be paid into the Water Resources Department Operating Account to the credit of the Water Resources Department. Such moneys are continuously appropriated to the Water Resources Department to pay the department’s expenses in administering and enforcing the water well constructor’s licensing program.

SECTION 6. The Water Resources Department shall adopt the license specified in the amendments to ORS 537.747 (1) by section 5 of this 2001 Act no later than July 1, 2006.

SECTION 7. Sections 2 to 4 of this 2001 Act are repealed January 2, 2008.

SECTION 8. ORS 537.747, as amended by section 5 of this 2001 Act, is amended to read:

537.747. (1) No person shall advertise services to construct, alter, abandon or convert wells, offer to enter or enter into a contract with another person or public agency to construct, alter, abandon or convert a well for such other person, cause any well construction, alteration, abandonment or conversion to be performed under such a contract or operate well drilling machinery without possessing a water well constructor’s license therefor in good standing issued by the Water Resources Department. [The department shall adopt a single water well constructor’s license that may specify the type of well, type of well alteration or construction or type of well drilling machine operation for which the water well constructor is qualified.]

(2) Notwithstanding subsection (1) of this section, a person may operate a well drilling machine without a water well constructor’s license if supervised by one who possesses such a license.

(3) A person shall be qualified to receive a water well constructor’s license if the person:

(a) Is at least 18 years of age.

(b) Has passed a written examination conducted by the department to determine fitness to operate as a water well constructor.

(c) Has paid a license fee and an examination fee according to the fee schedule set forth under subsection (6) of this section.

(d) Has one year or more experience in the operation of well drilling machinery.

(5) A water well constructor’s license shall expire on June 30. A person may renew a license by submitting an application and the appropriate fees any time before the license expires but not later than one year after the license expires. [At the time of application, the person shall provide the department with evidence of compliance with the continuing education requirements established pursuant to section 4 of this 2001 Act.] A person who renews a license within the 12 months after the license expires may either pay a penalty fee set forth under subsection (6)(d) of this section or requalify for a water well constructor’s license in accordance with subsection (3) of this section. If a person fails to renew a license within 12 months after expiration the person must comply with the requirements of subsection (3) of this section for a new water well constructor’s license.

(6) The department shall collect in advance the following fees:

(a) An examination fee of $20.

(b) A license fee of [$150] $50 for a license issued for one year, or $200 for a license issued for a period of five years.

(c) A renewal fee of [$150] $50 for a one-year license renewed before the license expires or $200 for a five-year license renewed before the license expires.

(d) Unless a person requalifies for a water well constructor’s license in accordance with subsection (3) of this section, a water well constructor shall pay a renewal fee of [$250] $100 for a one-year license if the license is renewed within 12 months after expiration or $250 for a five-year license if the license is renewed within 12 months after expiration.

(e) If a person requalifies for a water well constructor’s license under subsection (3) of this section, the person shall pay the renewal fee established under paragraph (c) of this subsection.

SECTION 9. The amendments to ORS 537.747 by section 8 of this 2001 Act become operative January 2, 2008.

SECTION 10. The continuing education requirements for renewal of a water well constructor’s license established pursuant to section 4 of this 2001 Act apply to the renewal of all licenses that expire on or after June 30, 2005.

SECTION 11. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor June 21, 2001

Filed in the office of Secretary of State June 22, 2001

Effective date June 21, 2001

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