Text: HF02077 Text: HF02079 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.190A, subsection 4, Code 1999, is 1 2 amended to read as follows: 1 3 4. The department shall develop, in consultation with the 1 4 well contractors' council, a consumer information pamphlet 1 5 regarding well construction, well maintenance, well plugging, 1 6 and Iowa groundwater laws. The pamphlet shall include all 1 7 information included in the consumer information pamphlet 1 8 provided for in section 455B.190B, subsection 4. The 1 9 departmentand the councilshall review and revise the 1 10 consumer information pamphlet as necessary. The consumer 1 11 information pamphlet shall be supplied to well contractors, at 1 12 cost, and well contractors shall supply one copy at no cost to 1 13 potential customers prior to initiation of well services. 1 14 Sec. 2. Section 455B.190A, subsection 5, unnumbered 1 15 paragraph 1, Code 1999, is amended to read as follows: 1 16 The department shall establish by rule,andcollect,in1 17consultation with the well contractors' council,and deposit 1 18 in the well contractor and pump installer certification fund 1 19 the following fees to be used to implement and administer the 1 20 provisions of this section: 1 21 Sec. 3. NEW SECTION. 455B.190B PUMP INSTALLER 1 22 CERTIFICATION. 1 23 1. As used in this section: 1 24 a. "Abandoned well" means abandoned well as defined in 1 25 section 455B.171. 1 26 b. "Contractor" means a person engaged in the business of 1 27 installing, repairing, and maintaining water systems for 1 28 wells. 1 29 c. "Examination" means an examination for pump installers 1 30 which includes, but is not limited to, relevant aspects of 1 31 Iowa groundwater law, well construction, well maintenance, 1 32 well abandonment, and pump services practices which protect 1 33 groundwater and water supplies. 1 34 d. "Groundwater" means groundwater as defined in section 1 35 455E.2. 2 1 e. "Pump installers' council" means the council 2 2 established in subsection 3. 2 3 f. "Pump installer" means a person who installs, repairs, 2 4 services, rehabilitates, or services a water system of a 2 5 public or private water well. 2 6 g. "Pump services" means the installation, repair, and 2 7 maintenance of water systems for wells. 2 8 h. "Water systems" means any part of the mechanical 2 9 portion of a water well that delivers water from the well to a 2 10 valve that separates the well from the plumbing system. 2 11 "Water systems" includes the pump, drop pipe in the well, 2 12 electrical wire from the pump to the electrical panel, piping 2 13 from the well to the pressure tank, pitless unit or adaptor, 2 14 and all related miscellaneous fittings necessary to operate 2 15 the well pump. "Water systems" does not include any outside 2 16 piping to other buildings, and does not include the piping 2 17 that carries the water in the remainder of the distribution 2 18 system. 2 19 i. "Well" means water well as defined in section 455B.171. 2 20 2. The department shall establish a pump installer 2 21 certification program which shall include: 2 22 a. A person shall not act as a pump installer on or after 2 23 July 1, 2001, unless the person is certified by the department 2 24 pursuant to this section. 2 25 b. The examination shall be developed by the department in 2 26 consultation with the pump installers' council. The 2 27 examination shall be updated as necessary to reflect current 2 28 groundwater law, well construction, well maintenance, well 2 29 abandonment, and pump services practices. 2 30 c. Provisional certification may be obtained by an 2 31 applicant in instances of shortages of certified personnel if 2 32 all of the following conditions are met: 2 33 (1) The applicant provides documentation of at least one 2 34 year of work experience in pump services performed under the 2 35 direct supervision of a certified pump installer. 3 1 (2) The applicant successfully completes the examination. 3 2 (3) A certified pump installer who employs an applicant 3 3 for pump installer certification cosigns the application for 3 4 provisional certification. An employer who cosigns an 3 5 application for provisional certification is jointly liable 3 6 for a violation of the rules regarding pump services by the 3 7 provisionally certified pump installer and the violation is 3 8 grounds for the suspension or revocation of certification of 3 9 the certified pump installer and the provisionally certified 3 10 pump installer. 3 11 d. The department may provide for multiyear certification 3 12 of pump installers. 3 13 e. The department shall develop continuing education 3 14 requirements for certification of a pump installer in 3 15 consultation with the pump installers' council. 3 16 f. A certified pump installer shall be present at the well 3 17 site and in direct charge of the services whenever pump 3 18 services are provided, unless the pump services are being 3 19 performed at a well site owned by the person performing the 3 20 services. 3 21 g. Violation of the rules regarding pump services are 3 22 grounds for suspension or revocation of certification. 3 23 h. The department shall specify certification 3 24 requirements, minimum work experience levels, successful 3 25 completion of an examination, and continuing education 3 26 requirements. 3 27 3. A pump installers' council is established. 3 28 a. The council shall consist of the following members: 3 29 (1) Two well drilling contractors appointed by the 3 30 governor and subject to confirmation by the senate. 3 31 (2) Two pump installers appointed by the governor and 3 32 subject to confirmation by the senate. 3 33 (3) One citizen member of the Iowa groundwater association 3 34 or its successor, appointed by the governor and subject to 3 35 confirmation by the senate. 4 1 (4) One citizen member of the Iowa environmental health 4 2 association or its successor, appointed by the governor and 4 3 subject to confirmation by the senate. 4 4 (5) The director of public health or the director's 4 5 designee. 4 6 (6) The state geologist or the state geologist's designee. 4 7 (7) The director of the state hygienic laboratory or the 4 8 director's designee. 4 9 b. Citizen members of the council shall serve two-year 4 10 terms beginning and ending as provided in section 69.19. A 4 11 citizen member of the council shall not serve more than two 4 12 consecutive terms. The council shall be subject to sections 4 13 69.16 and 69.16A. 4 14 4. The department shall develop, in consultation with the 4 15 pump installers' council, a consumer information pamphlet 4 16 regarding pump services, well construction, well maintenance, 4 17 well plugging, and Iowa groundwater laws. The consumer 4 18 information pamphlet shall include all information included in 4 19 the consumer information pamphlet provided for in section 4 20 455B.190A, subsection 4. The department and the council shall 4 21 review and revise the consumer information pamphlet as 4 22 necessary. The consumer information pamphlet shall be 4 23 supplied to pump installers, at cost, and pump installers 4 24 shall supply one copy at no cost to potential customers prior 4 25 to initiation of pump services. 4 26 5. The department, in consultation with the pump 4 27 installers' council, shall establish by rule, collect, and 4 28 deposit in the well and pump installer certification fund the 4 29 following fees to be used to implement and administer the 4 30 provisions of this section: 4 31 a. An annual certification fee to be paid by certified 4 32 pump installers. The initial annual certification fee is one 4 33 hundred fifty dollars. The fee may be increased by rule, as 4 34 necessary, to reflect the costs of administration of the 4 35 program. The department may establish a fee for multiyear 5 1 certification. 5 2 b. The department may also charge and collect fees for 5 3 testing, the provision of continuing education, and other fees 5 4 related to and based on the actual costs of the pump installer 5 5 certification program. 5 6 6. Rules adopted by the commission shall be developed in 5 7 consultation with the pump installers' council. If a majority 5 8 of the council does not endorse the rules adopted by the 5 9 commission, notice shall be sent to the administrative rules 5 10 review committee indicating the council's position. 5 11 Sec. 4. NEW SECTION. 455B.190C WELL CONTRACTOR AND PUMP 5 12 INSTALLERS' CERTIFICATION FUND. 5 13 A well contractor and pump installers' certification fund 5 14 is created in the state treasury under the control of the 5 15 department consisting of any moneys appropriated by the 5 16 general assembly and any moneys received by the department as 5 17 a result of fees established under sections 455B.190A, 5 18 subsection 5, and 455B.190B, subsection 5. Moneys in the fund 5 19 are appropriated and shall be used for purposes of 5 20 implementing and administering sections 455B.190A and 5 21 455B.190B. Notwithstanding section 8.33, all moneys in the 5 22 well and pump contractors certification fund that remain 5 23 unencumbered or unobligated at the close of the fiscal year 5 24 shall not revert but shall remain available for expenditure 5 25 for succeeding fiscal years. 5 26 Sec. 5. WAIVER OF CERTIFICATION REQUIREMENTS FOR PERSONS 5 27 TRANSFERRING CERTIFICATIONS. A person certified as a well 5 28 contractor pursuant to section 455B.190A on the effective date 5 29 of this Act is eligible to become certified as a pump 5 30 installer under section 455B.190B and have the requirements of 5 31 section 455B.190B waived for purposes of the initial 5 32 certification provided that notification is given to the 5 33 department of natural resources regarding the certified 5 34 person's request to transfer certification by July 1, 2001. A 5 35 person who transfers certification to a pump installer 6 1 certification under this section shall have the well 6 2 contractor certification terminated upon being certified as a 6 3 pump installer pursuant to section 455B.190B. A person 6 4 certified as a well contractor and a pump installer pursuant 6 5 to sections 455B.190A and 455B.190B shall meet all 6 6 requirements of both sections. 6 7 EXPLANATION 6 8 This bill creates a certification program for pump 6 9 installers and a fund for well contractor and pump installer 6 10 certification programs. 6 11 The bill provides that the department of natural resources 6 12 shall establish a pump installer certification program which 6 13 shall include specification of certification requirements, 6 14 requirements that a certified pump installer be present at a 6 15 well site and be in charge at the site whenever pump services 6 16 are being performed, and continuing education requirements. 6 17 The bill provides that an examination shall be developed for 6 18 the certification program. 6 19 The bill provides that a person shall not act as a pump 6 20 installer on or after July 1, 2001, unless the person is 6 21 certified. The bill provides that pump services may be 6 22 performed by an uncertified person if the well site is owned 6 23 by the person. The bill provides for provisional 6 24 certifications. 6 25 The bill provides for the establishment of a pump 6 26 installers' council for purposes aiding the department in 6 27 developing continuing education requirements, an examination, 6 28 and a consumer information pamphlet. The bill provides that 6 29 the pamphlet shall include information relating to both the 6 30 well contractor and pump installers. 6 31 The bill provides that the environmental protection 6 32 commission shall adopt administrative rules in consultation 6 33 with the council. 6 34 The bill provides that the department, in consultation with 6 35 the council, shall establish fees for the certification 7 1 program and such fees shall be deposited in the well 7 2 contractor and pump installer certification fund created in 7 3 the bill. The bill provides that the moneys in the fund are 7 4 appropriated and shall be used for purposes of administering 7 5 the well contractor certification program and the pump 7 6 installer certification program. 7 7 The bill provides that a person certified as a well 7 8 contractor on the effective date of the bill is eligible to 7 9 become certified as a pump installer and have the pump 7 10 installer certification requirements waived for purposes of 7 11 the initial certification provided that notification is given 7 12 to the department by July 1, 2001. The bill provides that a 7 13 person certified as a well contractor and a pump installer 7 14 shall meet all requirements of both certification programs. 7 15 LSB 5051HH 78 7 16 tm/gg/8.1
Text: HF02077 Text: HF02079 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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