71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2651
Senate Bill 579
Sponsored by Senator MESSERLE (at the request of Oregon Ground
Water Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires continuing education for renewal of water well
constructor's license. Creates Well Constructors Continuing
Education Board to establish and oversee continuing education
program. Changes term and fee for water well constructor's
license.
A BILL FOR AN ACT
Relating to well constructors; creating new provisions; and
amending ORS 537.747.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 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 Board 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 board is entitled to travel expenses as
provided in ORS 292.495.
(4) Members of the board must be citizens of this state who are
knowledgeable about the principles of well construction.
(5) The board 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 board determines.
(6) Three members of the board constitute a quorum for the
transaction of business. At least three members of the board must
approve all official actions or decisions of the board. + }
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 Board:
(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. { + In accordance with applicable provisions of ORS
183.310 to 183.550, the Well Constructors Continuing Education
Board may adopt rules necessary for the administration of the
laws that the board is charged with administering. + }
SECTION 5. { + (1)(a) The Well Constructors Continuing
Education Board shall establish a process for reviewing and
approving the continuing education requirements for licensed
water well constructors and for establishing criteria necessary
for the acceptance of continuing education credits.
(b) At a minimum, the board shall require for renewal of a
license issued under ORS 537.747 that an applicant:
(A) Through clinics, schools, lectures, courses of study,
professional organizations or seminars that relate to the
practice of well construction and that are approved by the board,
obtain a minimum of 14 continuing education credits per licensing
period for a fully endorsed license; and
(B) Furnish proof on a form approved by the board that the
water well constructor has complied with the continuing education
requirements during the preceding license period unless the water
well constructor is exempt under subsection (2) of this section.
(2)(a) The board may waive the continuing education
requirements under subsection (1) of this section for a licensed
water well constructor if the water well constructor submits
satisfactory evidence of inability to attend continuing education
sessions because of health, military duty or other circumstances
beyond the control of the water well constructor.
(b) The board may allow applicants to complete fewer than the
minimum number of continuing education credits to obtain a
partially endorsed license.
(3) Upon recommendation from the board and at the discretion of
the Water Resources Director, the Water Resources Department may
contract with institutions of higher learning, professional
organizations or other qualified persons to provide continuing
education programs in support of the requirements of this
section.
(4) The Water Resources Commission, in cooperation with the
board, shall adopt rules necessary to administer the continuing
education program established by this section. + }
SECTION 6. 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 may by rule adopt license
endorsements that specify the type of well, type of well
alteration or construction or type of 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
5 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 7. { + The amendments to ORS 537.747 by section 6 of
this 2001 Act become operative on July 1, 2004. + }
SECTION 8. { + The continuing education requirements for
renewal of a water well constructor's license established
pursuant to section 5 of this 2001 Act apply to renewals applied
for on or after July 1, 2004. + }
----------