Full Text of SB0254 96th General Assembly
SB0254sam001 96TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 254
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| AMENDMENT NO. ______. Amend Senate Bill 254 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Water Well and Pump Installation | 5 |
| Contractor's License Act is amended by changing Sections 6 and | 6 |
| 13 as follows:
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| (225 ILCS 345/6) (from Ch. 111, par. 7107)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 6. Water Well and Pump
Installation Contractors | 10 |
| Licensing Board; Closed Loop Well Contractors Certification | 11 |
| Board. | 12 |
| (a) There is created in the Department the Water Well and | 13 |
| Pump
Installation Contractors Licensing Board which shall | 14 |
| exercise its duties
provided in this Act under the supervision | 15 |
| of the Department. The Water Well and Pump
Installation | 16 |
| Contractors Licensing Board
shall consist of 6 members, |
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| designated from time to time by the
Director. Two members shall | 2 |
| be licensed water well contractors, two
members shall be | 3 |
| licensed water well pump installation contractors, and
two | 4 |
| members shall be licensed water well and pump installation
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| contractors. In making the appointments to the Water Well and | 6 |
| Pump
Installation Contractors Licensing Board, the Director | 7 |
| shall
consider the recommendation of the Illinois Association | 8 |
| of Groundwater
Professionals or a successor organization .
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| The members of the Water Well and Pump
Installation | 10 |
| Contractors Licensing Board shall be reimbursed for necessary | 11 |
| traveling
expenses
in accordance with travel regulations | 12 |
| prescribed by the Department of Finance.
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| The Water Well and Pump
Installation Contractors Licensing | 14 |
| Board shall advise and aid the Director in:
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| (1) (a) preparing subject matter for continuing | 16 |
| education sessions and
examinations to test the knowledge
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| and skills of applicants for license in the construction, | 18 |
| installation
and repair of water wells, well pumps, water | 19 |
| pressure storage tanks,
connecting piping and related | 20 |
| appurtenances, including proper sealing of
abandoned water | 21 |
| wells, and the rules and regulations of the Department
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| promulgated
pursuant to the Illinois Pump Installation | 23 |
| Code Law and the Illinois Water
Well Construction Code Law;
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| (2) (b) promulgating rules to govern the number of | 25 |
| hours
of
continuing education required for a continuing | 26 |
| education session,
examinations,
hearings for suspension |
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| or revocation of or refusal to issue or renew a
license, | 2 |
| clarifying the law as it relates to water well and pump
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| installation contracting;
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| (3) (c) holding examinations of applicants for license | 5 |
| at least once a
year prior to November 1st in each year;
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| (4) (d) holding hearings for the revocation or | 7 |
| suspension of, or refusal
to issue, renew or reinstate | 8 |
| licenses;
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| (5) (e) submitting recommendations to the Director | 10 |
| from time to time for
the efficient administration of this | 11 |
| Act;
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| (6) (f) grading all tests and examinations for licenses | 13 |
| and promptly
reporting the results to the Director; and
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| (7) (g) performing such other duties from time to time | 15 |
| prescribed by the
Director ; and .
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| (8) conferring with the Closed Loop Well Contractors | 17 |
| Certification Board regarding the installation of closed | 18 |
| loop wells. For purposes of this item (8), the term "closed | 19 |
| loop well" shall be limited to the construction of the bore | 20 |
| hole and the grouting of the bore hole. | 21 |
| (b) There is created in the Department the Closed Loop Well | 22 |
| Contractors Certification Board, which shall exercise its | 23 |
| duties provided in this Act under the supervision of the | 24 |
| Department. The Closed Loop Well Contractors Certification | 25 |
| Board shall consist of 6 members, designated from time to time | 26 |
| by the Director. The 6 members must be closed loop well |
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| contractors who are registered under this Act. In making | 2 |
| appointments to the Closed Loop Well Contractors Certification | 3 |
| Board, the Director shall consider the recommendations of the | 4 |
| Geothermal Alliance of Illinois, or its successor | 5 |
| organization. Recommendations shall include consideration of | 6 |
| statewide geographical representation. | 7 |
| The members of the Closed Loop Well Contractors | 8 |
| Certification Board shall be reimbursed for necessary | 9 |
| traveling expenses in accordance with travel regulations | 10 |
| prescribed by the Governor's Travel Control Board. | 11 |
| The Closed Loop Well Contractors Certification Board shall | 12 |
| advise and aid the Director in: | 13 |
| (1) preparing subject matter for continuing education | 14 |
| sessions relating to closed loop wells and closed loop well | 15 |
| systems, and preparing examinations to test the knowledge | 16 |
| and skills of applicants for certification relating to the | 17 |
| construction, installation, and repair of closed loop | 18 |
| wells and closed loop well systems and the rules and | 19 |
| regulations of the Department promulgated pursuant to this | 20 |
| Act for closed loop wells and closed loop well systems; | 21 |
| (2) promulgating rules relating to (i) closed loop | 22 |
| wells and closed loop well systems, (ii) continuing | 23 |
| education requirements, (iii) examinations, (iv) hearings | 24 |
| for suspension or revocation of or refusal to issue or | 25 |
| renew a certification, and (v) the installation of closed | 26 |
| loop wells and closed loop well systems; |
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| (3) holding examinations of applicants for | 2 |
| certification at least once a year prior to November 1st in | 3 |
| each year; | 4 |
| (4) holding hearings for the revocation or suspension | 5 |
| of, or refusal to issue, renew, or reinstate, | 6 |
| certifications; | 7 |
| (5) submitting recommendations to the Director from | 8 |
| time to time for the efficient administration of this Act; | 9 |
| (6) grading all tests and examinations for | 10 |
| certifications, and promptly reporting the results to the | 11 |
| Director; | 12 |
| (7) performing such other duties as may be from time to | 13 |
| time prescribed by the Director; and | 14 |
| (8) conferring with the Water Well and Pump | 15 |
| Installation Contractors Licensing Board regarding the | 16 |
| installation of closed loop wells. For purposes of this | 17 |
| item (8), the term "closed loop well" shall be limited to | 18 |
| the construction of the bore hole and the grouting of the | 19 |
| bore hole. | 20 |
| (Source: P.A. 90-692, eff. 1-1-99.)
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| (225 ILCS 345/13) (from Ch. 111, par. 7114)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 13. The fee to be paid by an applicant for an | 24 |
| examination to determine his
fitness to receive a license as a | 25 |
| water well contractor is $50.
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| The fee to be paid by an applicant for an examination to | 2 |
| determine his
fitness to receive a license as a water well pump | 3 |
| installation contractor
is $50.
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| The fee to be paid by an applicant for an examination to | 5 |
| determine his
fitness to receive a license as a water well and | 6 |
| pump installation
contractor is $80.
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| The fee to be paid by an applicant for the annual renewal | 8 |
| of a license
as a water well contractor or water well pump | 9 |
| installation contractor is
$25.
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| The fee to be paid by an applicant for the annual renewal | 11 |
| of a license
as a water well and pump installation contractor | 12 |
| is $35.
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| The fee to be paid by an applicant for the reinstatement of | 14 |
| a water well
contractor license or a water well pump | 15 |
| installation contractor license
which has lapsed less than 3 | 16 |
| years is $10, plus all lapsed renewal fees.
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| The fee to be paid by an applicant for restoration of a | 18 |
| water well
contractor's license or water well pump installation | 19 |
| contractor's license
which has lapsed more than three years is | 20 |
| $150.
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| The fee to be paid by an applicant for the reinstatement of | 22 |
| a water well
and pump installation contractor license which has | 23 |
| lapsed less than 3 years
is $15, plus all lapsed renewal fees.
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| The fee to be paid by an applicant for the restoration of a | 25 |
| license as a water well and
pump installation contractor which | 26 |
| has lapsed more than 3 years is $175.
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| There shall be no reduction in such fees because a license | 2 |
| when issued
may be valid for less time than a full license | 3 |
| year.
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| (Source: P.A. 77-1626.)
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| Section 10. The Illinois Water Well Construction Code is | 6 |
| amended by changing Sections 3, 5, and 6 and by adding Sections | 7 |
| 9.1, 9.2, and 9.3 as follows:
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| (415 ILCS 30/3) (from Ch. 111 1/2, par. 116.113)
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| Sec. 3. Definitions. As used in this Act, unless the | 10 |
| context otherwise requires:
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| (a) "Construction" means all acts necessary to obtaining | 12 |
| ground water by
any method, including without limitation the | 13 |
| location
of and the excavation for the well, but not including | 14 |
| prospecting,
surveying or other acts preparatory thereto, nor | 15 |
| the installation of pumps
and pumping equipment.
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| (b) "Department" means the Department of Public Health.
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| (c) "Director" means the Director of Public Health.
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| (d) "Modification" means any change, replacement or other | 19 |
| alteration of
any water well which shall be contrary to the | 20 |
| rules and regulations
regarding the construction of a well.
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| (e) "Water well" means any excavation that is drilled, | 22 |
| cored, bored,
washed, driven, dug, jetted or otherwise | 23 |
| constructed when the intended use
of such excavation is for the | 24 |
| location, diversion, artificial recharge, or
acquisition of |
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| ground water, but such term does not include an excavation
made | 2 |
| for the purpose of obtaining or prospecting for oil, natural | 3 |
| gas,
minerals or products of mining or quarrying or for | 4 |
| inserting media to
repressure oil or natural gas bearing | 5 |
| formation or for storing petroleum,
natural gas or other | 6 |
| products or for observation or any other purpose in
connection | 7 |
| with the development or operation of a gas storage project.
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| (f) "Public water system", "community water system", | 9 |
| "non-community
water system", "semi-private water system" and | 10 |
| "private water system" have
the meanings ascribed to them in | 11 |
| the Illinois Groundwater Protection Act.
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| (g) "Potential route", "potential primary source" and | 13 |
| "potential
secondary source" have the meanings
ascribed to them | 14 |
| in the Environmental
Protection Act.
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| (h) "Closed loop well" means a sealed, watertight loop of | 16 |
| pipe buried
outside of a building foundation intended to | 17 |
| recirculate a liquid solution
through a heat exchanger.
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| (i) "Monitoring well" means a water well intended for the | 19 |
| purpose of
determining groundwater quality or quantity.
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| (j) "Closed loop well contractor" means any person who | 21 |
| installs closed loop wells for another person. "Closed loop | 22 |
| well contractor" does not include the employee of a closed loop | 23 |
| contractor. | 24 |
| (k) "Horizontal closed loop well" means a closed loop well | 25 |
| constructed to contain horizontal piping and the installation | 26 |
| and grouting of the horizontal piping not exceeding 20 feet in |
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| depth and the connection to the horizontal header of the closed | 2 |
| loop cooling and heating system. | 3 |
| (l) "Vertical closed loop well" means a closed loop well | 4 |
| constructed to contain vertical piping and the installation and | 5 |
| grouting of the vertical piping exceeding 20 feet in depth and | 6 |
| the connection to the horizontal header of the closed loop | 7 |
| cooling and heating system. | 8 |
| (m) "Closed loop well system" means the entire system
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| containing the horizontal closed loop well or wells, the | 10 |
| vertical closed loop well or wells, the header piping, the | 11 |
| heating and cooling equipment, and the connections to the | 12 |
| heating and cooling equipment.
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| (Source: P.A. 86-843.)
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| (415 ILCS 30/5) (from Ch. 111 1/2, par. 116.115)
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| Sec. 5. Department powers and duties.
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| The Department has general supervision and authority over | 17 |
| the location,
construction and modification of water wells, | 18 |
| closed loop wells and
monitoring wells and for the | 19 |
| administration of
this Act. With respect thereto it shall:
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| (a) Adopt and publish, and from time to time amend rules | 21 |
| and regulations
as hereinafter provided;
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| (b) Commencing no later than January 1, 1988, issue permits | 23 |
| for the
construction or change in depth of any water well other | 24 |
| than community public
water systems and monitoring wells; and
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| (b-5) Commencing no later than January 1, 2010, issue |
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| permits for the construction and modification of closed loop | 2 |
| well systems; and
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| (c) Exercise such other powers as are practical and | 4 |
| reasonably necessary
to carry out and enforce the provisions of | 5 |
| this Act.
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| (Source: P.A. 86-843.)
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| (415 ILCS 30/6) (from Ch. 111 1/2, par. 116.116)
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| Sec. 6. Rules and regulations. The Department shall adopt | 9 |
| and amend rules and regulations reasonably
necessary to | 10 |
| effectuate the policy declared by this Act. Such rules and
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| regulations shall provide criteria for the proper location and | 12 |
| construction
of any water well, closed loop well , or monitoring | 13 |
| well and shall, no
later than January 1, 1988, provide for
the | 14 |
| issuance of permits for the construction and operation of water | 15 |
| wells
other than community public water systems , closed loop | 16 |
| wells and
monitoring wells. The
Department shall by
regulation | 17 |
| require a one time
fee, not to exceed $100, for permits for | 18 |
| construction of water wells and for permits for the | 19 |
| construction of closed loop well systems. Water well and closed | 20 |
| loop well system construction permit fees shall be for the | 21 |
| purpose of reviewing the water well or closed loop well system | 22 |
| permit application and for the issuance of the permit
issued | 23 |
| under the
authority of this Act .
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| (Source: P.A. 86-843.)
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| (415 ILCS 30/9.1 new) | 2 |
| Sec. 9.1. Closed loop well contractor certification. | 3 |
| (a) On or before January 1, 2010, the Department shall | 4 |
| issue closed loop well contractor certificates to those | 5 |
| applicants who are qualified and have successfully passed the | 6 |
| Department's closed loop well contractor's certification exam. | 7 |
| Application for certification as a closed loop well contractor | 8 |
| must be made to the Department in writing and under oath or | 9 |
| affirmation upon forms prescribed and furnished by the | 10 |
| Department. Applications may require any information the | 11 |
| Department deems necessary in order to carry out the provisions | 12 |
| of this Act. The Department shall collect a $50 fee for the | 13 |
| closed loop contractor's qualification exam. | 14 |
| (b) Any person holding a valid water well contractor's | 15 |
| license issued under the Water Well and Pump Installation | 16 |
| Contractor's License Act may apply and receive, without | 17 |
| examination or fee, a closed loop contractor's certification, | 18 |
| provided that all other requirements of this Act are met. | 19 |
| (c) Any person who only installs horizontal closed loop | 20 |
| wells using the open trench method shall be exempt from | 21 |
| certification under this Section. | 22 |
| (415 ILCS 30/9.2 new) | 23 |
| Sec. 9.2. Closed loop well contractor registration. | 24 |
| (a) Beginning on January 1, 2010, no person may engage in | 25 |
| the occupation of a closed loop well contractor unless he or |
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| she holds a valid certificate of registration as a closed loop | 2 |
| well contractor issued by the Department. | 3 |
| (b) All closed loop well contractors doing business in this | 4 |
| State must annually file an application for registration with | 5 |
| the Department. | 6 |
| (c) All applications filed for registration under this | 7 |
| Section before November 1, 2010 must be accompanied by | 8 |
| verification of the certification of the applicant by the | 9 |
| International Ground Source Heat Pump Association, or a | 10 |
| successor organization, as a closed loop well contractor and | 11 |
| the applicant must submit proof of certification under Section | 12 |
| 9.1 of this Act, unless specifically exempt from certification | 13 |
| in Section 9.1 of this Act, before November 1, 2010. | 14 |
| (d) All applications filed for registration under this | 15 |
| Section on or after November 1, 2010 must be accompanied by | 16 |
| verification of the certification of the applicant by the | 17 |
| International Ground Source Heat Pump Association, or a | 18 |
| successor organization, as a closed loop well contractor and | 19 |
| proof of certification under Section 9.1 of this Act, unless | 20 |
| specifically exempt from certification in Section 9.1 of this | 21 |
| Act. | 22 |
| (e) Certificates of registration issued under this Section | 23 |
| shall expire and must be renewed on an annual basis. | 24 |
| (f) The Department shall collect an annual fee of $25.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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