97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0308

 

Introduced 01/31/11, by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 345/6  from Ch. 111, par. 7107
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 30/9.1 new
415 ILCS 30/9.2 new

    Amends the Illinois Water Well Construction Code. Provides that beginning January 1, 2012, the Department of Public Health shall issue permits for the construction and modification of closed loop well systems. Provides for the certification and registration of closed loop contractors by the Department. Amends the Water Well and Pump Installation Contractor's License Act to make a technical and a related change. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Water Well and Pump Installation
5Contractor's License Act is amended by changing Sections 6 and
613 as follows:
 
7    (225 ILCS 345/6)  (from Ch. 111, par. 7107)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 6. Board. There is created in the Department the Water
10Well and Pump Installation Contractors Licensing Board which
11shall exercise its duties provided in this Act under the
12supervision of the Department. The Board shall consist of 6
13members, designated from time to time by the Director. Two
14members shall be licensed water well contractors, two members
15shall be licensed water well pump installation contractors, and
16two members shall be licensed water well and pump installation
17contractors. In making the appointments to the Board, the
18Director shall consider the recommendation of the Illinois
19Association of Groundwater Professionals.
20    The members of the Board shall be reimbursed for necessary
21traveling expenses in accordance with travel regulations
22prescribed by the Department of Finance.
23    The Board shall advise and aid the Director in:

 

 

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1        (a) preparing subject matter for continuing education
2    sessions, examinations to test the knowledge and skills of
3    applicants for certification in the construction,
4    installation, and repair of closed loop wells, and
5    examinations to test the knowledge and skills of applicants
6    for license in the construction, installation and repair of
7    water wells, well pumps, water pressure storage tanks,
8    connecting piping and related appurtenances, including
9    proper sealing of abandoned water wells, and the rules and
10    regulations of the Department promulgated pursuant to the
11    Illinois Pump Installation Code Law and the Illinois Water
12    Well Construction Code Law;
13        (b) promulgating rules to govern the number of hours of
14    continuing education required for a continuing education
15    session, examinations, hearings for suspension or
16    revocation of or refusal to issue or renew a license,
17    clarifying the law as it relates to water well and pump
18    installation contracting;
19        (c) holding examinations of applicants for license at
20    least once a year prior to November 1st in each year;
21        (d) holding hearings for the revocation or suspension
22    of, or refusal to issue, renew or reinstate licenses;
23        (e) submitting recommendations to the Director from
24    time to time for the efficient administration of this Act;
25        (f) grading all tests and examinations for licenses and
26    promptly reporting the results to the Director; and

 

 

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1        (g) performing such other duties from time to time
2    prescribed by the Director.
3(Source: P.A. 90-692, eff. 1-1-99.)
 
4    (225 ILCS 345/13)  (from Ch. 111, par. 7114)
5    (Section scheduled to be repealed on January 1, 2012)
6    Sec. 13. The fee to be paid by an applicant for an
7examination to determine his fitness to receive a license as a
8water well contractor is $50.
9    The fee to be paid by an applicant for an examination to
10determine his fitness to receive a license as a water well pump
11installation contractor is $50.
12    The fee to be paid by an applicant for an examination to
13determine his fitness to receive a license as a water well and
14pump installation contractor is $80.
15    The fee to be paid by an applicant for the annual renewal
16of a license as a water well contractor or water well pump
17installation contractor is $25.
18    The fee to be paid by an applicant for the annual renewal
19of a license as a water well and pump installation contractor
20is $35.
21    The fee to be paid by an applicant for the reinstatement of
22a water well contractor license or a water well pump
23installation contractor license which has lapsed less than 3
24years is $10, plus all lapsed renewal fees.
25    The fee to be paid by an applicant for restoration of a

 

 

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1water well contractor's license or water well pump installation
2contractor's license which has lapsed more than three years is
3$150.
4    The fee to be paid by an applicant for the reinstatement of
5a water well and pump installation contractor license which has
6lapsed less than 3 years is $15, plus all lapsed renewal fees.
7    The fee to be paid by an applicant for the restoration of a
8license as a water well and pump installation contractor which
9has lapsed more than 3 years is $175.
10    There shall be no reduction in such fees because a license
11when issued may be valid for less time than a full license
12year.
13(Source: P.A. 77-1626.)
 
14    Section 10. The Illinois Water Well Construction Code is
15amended by changing Sections 3 and 5 and by adding Sections 9.1
16and 9.2 as follows:
 
17    (415 ILCS 30/3)  (from Ch. 111 1/2, par. 116.113)
18    Sec. 3. Definitions. As used in this Act, unless the
19context otherwise requires:
20    (a) "Construction" means all acts necessary to obtaining
21ground water by any method, including without limitation the
22location of and the excavation for the well, but not including
23prospecting, surveying or other acts preparatory thereto, nor
24the installation of pumps and pumping equipment.

 

 

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1    (b) "Department" means the Department of Public Health.
2    (c) "Director" means the Director of Public Health.
3    (d) "Modification" means any change, replacement or other
4alteration of any water well which shall be contrary to the
5rules and regulations regarding the construction of a well.
6    (e) "Water well" means any excavation that is drilled,
7cored, bored, washed, driven, dug, jetted or otherwise
8constructed when the intended use of such excavation is for the
9location, diversion, artificial recharge, or acquisition of
10ground water, but such term does not include an excavation made
11for the purpose of obtaining or prospecting for oil, natural
12gas, minerals or products of mining or quarrying or for
13inserting media to repressure oil or natural gas bearing
14formation or for storing petroleum, natural gas or other
15products or for observation or any other purpose in connection
16with the development or operation of a gas storage project.
17    (f) "Public water system", "community water system",
18"non-community water system", "semi-private water system" and
19"private water system" have the meanings ascribed to them in
20the Illinois Groundwater Protection Act.
21    (g) "Potential route", "potential primary source" and
22"potential secondary source" have the meanings ascribed to them
23in the Environmental Protection Act.
24    (h) "Closed loop well" means a sealed, watertight loop of
25pipe buried outside of a building foundation intended to
26recirculate a liquid solution through a heat exchanger.

 

 

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1    (i) "Monitoring well" means a water well intended for the
2purpose of determining groundwater quality or quantity.
3    (j) "Closed loop contractor" means any person who installs
4closed loop wells for another person. "Closed loop contractor"
5does not include the employee of a closed loop contractor.
6    (k) "Horizontal closed loop well" means a closed loop well
7constructed to contain horizontal piping and the installation
8and grouting of the horizontal piping not exceeding 20 feet in
9depth and the connection to the horizontal header of the closed
10loop cooling and heating system.
11    (l) "Vertical closed loop well" means a closed loop well
12constructed to contain vertical piping and the installation and
13grouting of the vertical piping exceeding 20 feet in depth and
14the connection to the horizontal header of the closed loop
15cooling and heating system.
16    (m) "Closed loop well system" means the entire system
17containing the horizontal closed loop well or wells, the
18vertical closed loop well or wells, the header piping, the
19heating and cooling equipment, and the connections to the
20heating and cooling equipment.
21(Source: P.A. 86-843.)
 
22    (415 ILCS 30/5)  (from Ch. 111 1/2, par. 116.115)
23    Sec. 5. Department powers and duties.
24    The Department has general supervision and authority over
25the location, construction and modification of water wells,

 

 

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1closed loop wells and monitoring wells and for the
2administration of this Act. With respect thereto it shall:
3    (a) Adopt and publish, and from time to time amend rules
4and regulations as hereinafter provided;
5    (b) Commencing no later than January 1, 1988, issue permits
6for the construction or change in depth of any water well other
7than community public water systems and monitoring wells; and
8    (b-5) Commencing no later than January 1, 2012, issue
9permits for the construction and modification of closed loop
10well systems; and
11    (c) Exercise such other powers as are practical and
12reasonably necessary to carry out and enforce the provisions of
13this Act.
14(Source: P.A. 86-843.)
 
15    (415 ILCS 30/9.1 new)
16    Sec. 9.1. Closed loop contractor certification. On or
17before January 1, 2012, the Department shall issue closed loop
18contractor certificates to those applicants who are qualified
19and have successfully passed the Department's closed loop
20contractor's certification exam. Applications for
21certification as a closed loop contractor must be made to the
22Department in writing and under oath or affirmation upon forms
23prescribed and furnished by the Department. Applications may
24require any information the Department deems necessary in order
25to carry out the provisions of this Act. The Department shall

 

 

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1collect a $50 fee for the closed loop contractor's
2qualification exam. The Water Well and Pump Installation
3Contractor Licensing Board, established under the Water Well
4and Pump Installation Contractor's License Act, shall advise
5and aid the Department in preparing subject matter for the
6closed loop contractor's certification exam.
7    Any person holding a valid water well contractor's license
8issued under the Water Well and Pump Installation Contractor's
9License Act may apply and receive, without examination or fee,
10a closed loop contractor's certification, provided that all
11other requirements of this Act are met.
 
12    (415 ILCS 30/9.2 new)
13    Sec. 9.2. Closed loop contractor registration. Beginning
14on January 1, 2012, no person may engage in the occupation of a
15closed loop contractor unless he or she holds a valid
16certificate of registration as a closed loop contractor issued
17by the Department. All closed loop contractors doing business
18in this State must annually file an application for
19registration with the Department. All applications filed for
20registration under this Section before November 1, 2012 must be
21accompanied by verification of the certification of the
22applicant by the International Ground Source Heat Pump
23Association or a successor organization as a closed loop
24contractor and the applicant must submit proof of certification
25under Section 9.1 of this Act before November 1, 2012. All

 

 

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1applications filed for registration under this Section on or
2after November 1, 2012 must be accompanied by verification of
3the certification of the applicant by the International Ground
4Source Heat Pump Association or a successor organization as a
5closed loop contractor and proof of certification under Section
69.1 of this Act. Certificates of registration issued under this
7Section shall expire and must be renewed on an annual basis.
8The Department shall collect an annual registration fee of $25.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.