Full Text of HB3256 095th General Assembly
HB3256eng 95TH GENERAL ASSEMBLY
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HB3256 Engrossed |
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LRB095 06000 RAS 26092 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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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| (Section scheduled to be repealed on January 1, 2012)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. Board. There is created in the Department the Water | 10 |
| Well and Pump
Installation Contractors Licensing Board which | 11 |
| shall exercise its duties
provided in this Act under the | 12 |
| supervision of the Department. The Board
shall consist of 6 | 13 |
| members, designated from time to time by the
Director. Two | 14 |
| members shall be licensed water well contractors, two
members | 15 |
| shall be licensed water well pump installation contractors, and
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| two members shall be licensed water well and pump installation
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| contractors. In making the appointments to the Board, the | 18 |
| Director shall
consider the recommendation of the Illinois | 19 |
| Association of Groundwater
Professionals.
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| The members of the Board shall be reimbursed for necessary | 21 |
| traveling
expenses
in accordance with travel regulations | 22 |
| prescribed by the Department of Finance.
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| The Board shall advise and aid the Director in:
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| (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
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| 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,
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| 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
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| Well Construction Code Law;
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| (b) promulgating rules to govern the number of hours
of
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| 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
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| installation contracting;
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| (c) holding examinations of applicants for license at | 20 |
| least once a
year prior to November 1st in each year;
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| (d) holding hearings for the revocation or suspension | 22 |
| of, or refusal
to issue, renew or reinstate licenses;
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| (e) submitting recommendations to the Director from | 24 |
| time to time for
the efficient administration of this Act;
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| (f) grading all tests and examinations for licenses and | 26 |
| promptly
reporting the results to the Director; and
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| (g) performing such other duties from time to time | 2 |
| prescribed by the
Director.
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| (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 | 7 |
| examination to determine his
fitness to receive a license as a | 8 |
| water well contractor is $50.
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| The fee to be paid by an applicant for an examination to | 10 |
| determine his
fitness to receive a license as a water well pump | 11 |
| installation contractor
is $50.
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| The fee to be paid by an applicant for an examination to | 13 |
| determine his
fitness to receive a license as a water well and | 14 |
| pump installation
contractor is $80.
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| The fee to be paid by an applicant for the annual renewal | 16 |
| of a license
as a water well contractor or water well pump | 17 |
| installation contractor is
$25.
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| The fee to be paid by an applicant for the annual renewal | 19 |
| of a license
as a water well and pump installation contractor | 20 |
| is $35.
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| The fee to be paid by an applicant for the reinstatement of | 22 |
| a water well
contractor license or a water well pump | 23 |
| installation contractor license
which has lapsed less than 3 | 24 |
| years is $10, plus all lapsed renewal fees.
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| The fee to be paid by an applicant for restoration of a |
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LRB095 06000 RAS 26092 b |
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| water well
contractor's license or water well pump installation | 2 |
| contractor's license
which has lapsed more than three years is | 3 |
| $150.
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| The fee to be paid by an applicant for the reinstatement of | 5 |
| a water well
and pump installation contractor license which has | 6 |
| 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 | 8 |
| license as a water well and
pump installation contractor which | 9 |
| has lapsed more than 3 years is $175.
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| There shall be no reduction in such fees because a license | 11 |
| when issued
may be valid for less time than a full license | 12 |
| year.
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| (Source: P.A. 77-1626.)
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| Section 10. The Illinois Water Well Construction Code is | 15 |
| amended by changing Sections 3, 5, and 6 and by adding Sections | 16 |
| 9.1 and 9.2 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 | 19 |
| context otherwise requires:
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| (a) "Construction" means all acts necessary to obtaining | 21 |
| ground water by
any method, including without limitation the | 22 |
| location
of and the excavation for the well, but not including | 23 |
| prospecting,
surveying or other acts preparatory thereto, nor | 24 |
| 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 | 4 |
| alteration of
any water well which shall be contrary to the | 5 |
| rules and regulations
regarding the construction of a well.
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| (e) "Water well" means any excavation that is drilled, | 7 |
| cored, bored,
washed, driven, dug, jetted or otherwise | 8 |
| constructed when the intended use
of such excavation is for the | 9 |
| location, diversion, artificial recharge, or
acquisition of | 10 |
| ground water, but such term does not include an excavation
made | 11 |
| for the purpose of obtaining or prospecting for oil, natural | 12 |
| gas,
minerals or products of mining or quarrying or for | 13 |
| inserting media to
repressure oil or natural gas bearing | 14 |
| formation or for storing petroleum,
natural gas or other | 15 |
| products or for observation or any other purpose in
connection | 16 |
| with the development or operation of a gas storage project.
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| (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 | 20 |
| the Illinois Groundwater Protection Act.
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| (g) "Potential route", "potential primary source" and | 22 |
| "potential
secondary source" have the meanings
ascribed to them | 23 |
| in the Environmental
Protection Act.
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| (h) "Closed loop well" means a sealed, watertight loop of | 25 |
| pipe buried
outside of a building foundation intended to | 26 |
| recirculate a liquid solution
through a heat exchanger.
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| (i) "Monitoring well" means a water well intended for the | 2 |
| purpose of
determining groundwater quality or quantity.
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| (j) "Closed loop contractor" means any person who installs | 4 |
| closed loop wells for another person. "Closed loop contractor" | 5 |
| does not include the employee of a closed loop contractor. | 6 |
| (k) "Horizontal closed loop well" means a closed loop well | 7 |
| constructed to contain horizontal piping and the installation | 8 |
| and grouting of the horizontal piping not exceeding 20 feet in | 9 |
| depth and the connection to the horizontal header of the closed | 10 |
| loop cooling and heating system. | 11 |
| (l) "Vertical closed loop well" means a closed loop well | 12 |
| constructed to contain vertical piping and the installation and | 13 |
| grouting of the vertical piping exceeding 20 feet in depth and | 14 |
| the connection to the horizontal header of the closed loop | 15 |
| cooling and heating system. | 16 |
| (m) "Closed loop well system" means the entire system
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| containing the horizontal closed loop well or wells, the | 18 |
| vertical closed loop well or wells, the header piping, the | 19 |
| heating and cooling equipment, and the connections to the | 20 |
| 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 | 25 |
| the location,
construction and modification of water wells, |
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| closed loop wells and
monitoring wells and for the | 2 |
| administration of
this Act. With respect thereto it shall:
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| (a) Adopt and publish, and from time to time amend rules | 4 |
| and regulations
as hereinafter provided;
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| (b) Commencing no later than January 1, 1988, issue permits | 6 |
| for the
construction or change in depth of any water well other | 7 |
| than community public
water systems and monitoring wells; and
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| (b-5) Commencing no later than May 1, 2008, issue permits | 9 |
| for the construction and modification of closed loop well | 10 |
| systems; and
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| (c) Exercise such other powers as are practical and | 12 |
| reasonably necessary
to carry out and enforce the provisions of | 13 |
| 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 | 17 |
| and amend rules and regulations reasonably
necessary to | 18 |
| effectuate the policy declared by this Act. Such rules and
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| regulations shall provide criteria for the proper location and | 20 |
| construction
of any water well, closed loop well or monitoring | 21 |
| well and shall, no
later than January 1, 1988, provide for
the | 22 |
| issuance of permits for the construction and operation of water | 23 |
| wells
other than community public water systems , closed loop | 24 |
| wells and
monitoring wells. The
Department shall by
regulation | 25 |
| require a one time
fee, not to exceed $100, for permits for |
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| construction of water wells and for permits for the | 2 |
| construction of closed loop well systems. Water well and closed | 3 |
| loop well system construction permit fees shall be for the | 4 |
| purpose of reviewing the water well or closed loop well system | 5 |
| permit application and for the issuance of the permit
issued | 6 |
| 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) | 9 |
| Sec. 9.1. Closed loop contractor certification. On or | 10 |
| before May 1, 2008, the Department shall issue closed loop | 11 |
| contractor certificates to those applicants who are qualified | 12 |
| and have successfully passed the Department's closed loop | 13 |
| contractor's certification exam. Applications for | 14 |
| certification as a closed loop contractor must be made to the | 15 |
| Department in writing and under oath or affirmation upon forms | 16 |
| prescribed and furnished by the Department. Applications may | 17 |
| require any
information the Department deems necessary in order | 18 |
| to carry out the provisions of this Act. The Department shall | 19 |
| establish the time and schedule of the closed loop contractor's | 20 |
| exam and the qualifications for the closed loop contractor's | 21 |
| certification by rule. The Department shall collect a fee for | 22 |
| the closed loop contractor's qualification exam, the amount of | 23 |
| which shall be established by rule. The Water Well and Pump
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| Installation Contractor Licensing Board, established under the | 25 |
| Water Well and Pump Installation Contractor's License Act, |
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| shall advise and aid the Department in preparing subject matter | 2 |
| for the closed loop contractor's certification exam. | 3 |
| Any person holding a valid water well contractor's license | 4 |
| issued under the Water Well and Pump Installation Contractor's | 5 |
| License Act may apply and receive, without examination or fee, | 6 |
| a closed loop contractor's certification, provided that all | 7 |
| other requirements of this Act are met. | 8 |
| (415 ILCS 30/9.2 new) | 9 |
| Sec. 9.2. Closed loop contractor registration. Beginning | 10 |
| on May 1, 2008, no person may engage in the occupation of a | 11 |
| closed loop contractor unless he or she holds a valid | 12 |
| certificate of registration as a closed loop contractor issued | 13 |
| by the Department. All closed loop contractors doing business | 14 |
| in this State must annually file an application for | 15 |
| registration with the Department. All applications filed for | 16 |
| registration under this Section before November 1, 2009 must be | 17 |
| accompanied by verification of the certification of the | 18 |
| applicant by the International Ground Source Heat Pump | 19 |
| Association or a successor organization as a closed loop | 20 |
| contractor and the applicant must submit proof of certification | 21 |
| under Section 9.1 of this Act before November 1, 2009. All | 22 |
| applications filed for registration under this Section on or | 23 |
| after November 1, 2009 must be accompanied by verification of | 24 |
| the certification of the applicant by the International Ground | 25 |
| Source Heat Pump Association or a successor organization as a |
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| closed loop contractor and proof of certification under Section | 2 |
| 9.1 of this Act. Certificates of registration issued under this | 3 |
| Section shall expire and must be renewed on an annual basis. | 4 |
| The Department shall collect annual registration fees in an | 5 |
| amount established by the Department by rule.
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| Section 99. Effective date. This Act takes effect October | 7 |
| 1, 2007.
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