71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 579
Sponsored by Senator MESSERLE; Representative LEE (at the request
of Oregon Ground Water Association)
CHAPTER ................
AN ACT
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.
Enrolled Senate Bill 579 (SB 579-A) Page 1
(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 - }
Enrolled Senate Bill 579 (SB 579-A) Page 2
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. + }
Enrolled Senate Bill 579 (SB 579-A) Page 3
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.
(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
{ - two - } { + either one year or five + } years.
(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
Enrolled Senate Bill 579 (SB 579-A) Page 4
{ - $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.
(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 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. + }
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Passed by Senate April 30, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 31, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 579 (SB 579-A) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 579 (SB 579-A) Page 6