Chapter 221
AN ACT
SB 88
Relating to water well constructors; amending ORS 537.747 and sections
4 and 7, chapter 496, Oregon Laws 2001; and repealing section 9, chapter 496,
Oregon Laws 2001.
Be It Enacted by the People of
the State of
SECTION 1. ORS 537.747, as amended by section 8, chapter
496, Oregon Laws 2001, and section 10, chapter 594, Oregon Laws 2003, 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 by
submitting an application and the appropriate fees any time before the license
expires but not later than one year after the license expires. 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 Water Right Operating Fund. 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 2. Section 4, chapter 496, Oregon Laws 2001, is
amended to read:
Sec.
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.
(5) For courses
sponsored by the Water Resources Department, the fee for one continuing
education credit is $40, and the total fees per day may not exceed $250.
(6) The fees collected
under this section for continuing education courses sponsored by the department
shall be paid into the Water Resources Department Water Right Operating Fund.
Notwithstanding ORS 536.009, such moneys shall be used to pay the department’s
expenses associated with conducting continuing education courses.
(7) At the time of
application to renew a water well constructor’s license pursuant to ORS 537.747
(5), a person shall provide the department with evidence of compliance with the
continuing education requirements established pursuant to this section.
SECTION 3. Section 7, chapter 496, Oregon Laws 2001, is
amended to read:
Sec.
7. Sections 2 to 4, chapter 496,
SECTION 4. Section 9, chapter 496,
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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