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House File 583

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 583
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE CERTIFICATION OF PERSONS PROVIDING WATER
  1  5    PUMP SERVICES.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 455B.190A, subsection 1, Code 2001, is
  1 10 amended to read as follows:
  1 11    1.  As used in this section:
  1 12    a.  "Certified well contractor" means a well contractor who
  1 13 has successfully passed an examination prescribed by the
  1 14 department to determine the applicant's qualifications to
  1 15 perform well drilling or pump services or both.
  1 16    a. b.  "Examination" means an examination for well
  1 17 contractors which includes, but is not limited to, relevant
  1 18 aspects of Iowa groundwater law, well construction, well
  1 19 maintenance, pump services, and well abandonment practices
  1 20 which protect groundwater and water supplies.
  1 21    b. c.  "Groundwater" means groundwater as defined in
  1 22 section 455E.2.
  1 23    d.  "Pump services" means the installation, repair, and
  1 24 maintenance of water systems.
  1 25    e.  "Water systems" means any part of the mechanical
  1 26 portion of a water well that delivers water from the well to a
  1 27 valve that separates the well from the plumbing system.
  1 28 "Water systems" includes the pump, drop pipe to the well,
  1 29 electrical wire from the pump to the electrical panel, piping
  1 30 from the well to the pressure tank, pitless unit or adaptor,
  1 31 and all related miscellaneous fittings necessary to operate
  1 32 the well pump.  "Water systems" does not include any outside
  1 33 piping to other buildings, and does not include the piping
  1 34 that carries the water in the remainder of the distribution
  1 35 system.
  2  1    c. f.  "Water well" or "well" means water well as defined
  2  2 in section 455B.171.
  2  3    d. g.  "Well contractor" means contractor as defined
  2  4 pursuant to section 455B.171, subsection 10.
  2  5    e. h.  "Well contractors' council" means the council
  2  6 established in subsection 3.
  2  7    f. i.  "Well services" means new well construction, well
  2  8 reconstruction, installation of pitless equipment, pump
  2  9 services, or well plugging.
  2 10    Sec. 2.  Section 455B.190A, subsection 2, paragraphs d, e,
  2 11 and g, Code 2001, are amended to read as follows:
  2 12    d.  Violation of the rules regarding the provision of well
  2 13 construction, maintenance, or plugging services are grounds
  2 14 for suspension or revocation of certification.
  2 15    e.  Provisional certification may be obtained by an
  2 16 applicant in instances of shortages of certified personnel if
  2 17 all of the following conditions are met:
  2 18    (1)  The applicant provides documentation of at least one
  2 19 year of work experience in well services performed under the
  2 20 direct supervision of a certified well contractor.
  2 21    (2)  The applicant successfully completes the examination.
  2 22    (3)  A certified well contractor who employs an applicant
  2 23 for well contractor certification cosigns the application for
  2 24 provisional certification.  An employer who cosigns an
  2 25 application for provisional certification is jointly liable
  2 26 for a violation of the rules regarding well construction,
  2 27 maintenance, or plugging services by the provisionally
  2 28 certified well contractor and the violation is grounds for the
  2 29 suspension or revocation of certification of the certified
  2 30 well contractor and the provisionally certified well
  2 31 contractor.
  2 32    g.  The examination shall be developed by the department in
  2 33 consultation with the well contractors' council to determine
  2 34 the applicant's qualifications to perform well drilling or
  2 35 pump services or both.  The examination shall be updated as
  3  1 necessary to reflect current groundwater law and well
  3  2 construction, maintenance, pump services, and abandonment
  3  3 practices.  The examination shall be administered by the
  3  4 department or by a person designated by the department.
  3  5    Sec. 3.  Section 455B.190A, subsection 3, Code 2001, is
  3  6 amended by striking the subsection and inserting in lieu
  3  7 thereof the following:
  3  8    3.  a.  The department shall establish a well contractors
  3  9 council.
  3 10    b.  The membership of the council shall consist of the
  3 11 following members:
  3 12    (1)  Two well drilling contractors.
  3 13    (2)  Two pump installation contractors.
  3 14    (3)  One citizen member of the Iowa groundwater association
  3 15 or its successor.
  3 16    (4)  One citizen member of the Iowa environmental health
  3 17 association or its successor.
  3 18    (5)  The director of public health or the director's
  3 19 designee.
  3 20    (6)  The state geologist or the state geologist's designee.
  3 21    (7)  The director of the state hygienic laboratory or the
  3 22 director's designee.
  3 23    c.  The council shall advise and assist the department in
  3 24 doing all of the following:
  3 25    (1)  The development, review, and revision of the
  3 26 department's rules to implement this section.
  3 27    (2)  The development, updating, and revision of the
  3 28 examination for well contractor certification.
  3 29    (3)  The establishment, review, and revision of the
  3 30 continuing education requirements for certification.
  3 31    (4)  The production and publication of the consumer
  3 32 information pamphlet.
  3 33    d.  The council shall meet as often as necessary to perform
  3 34 the council's duties.  The department shall provide the
  3 35 council with staff assistance.
  4  1    Sec. 4.  Section 455B.190A, subsection 4, Code 2001, is
  4  2 amended to read as follows:
  4  3    4.  The department shall develop, in consultation with the
  4  4 well contractors' council, a consumer information pamphlet
  4  5 regarding well construction, well maintenance, well plugging,
  4  6 pump services, and Iowa groundwater laws.  The department and
  4  7 the council shall review and revise the consumer information
  4  8 pamphlet as necessary.  The consumer information pamphlet
  4  9 shall be supplied to well contractors, at cost, and well
  4 10 contractors shall supply one copy at no cost to potential
  4 11 customers prior to initiation of well services.
  4 12    Sec. 5.  Section 455B.190A, Code 2001, is amended by adding
  4 13 the following new subsection:
  4 14    NEW SUBSECTION.  7.  A well contractor who is engaged in
  4 15 performing pump services on or prior to June 30, 2004, and who
  4 16 registers as a pump installer with the department by June 30,
  4 17 2004, shall be deemed to have met the certification
  4 18 requirements of this section without examination.  Beginning
  4 19 July 1, 2004, a pump installer seeking an initial well
  4 20 contractor certification shall meet the requirements for
  4 21 certification established in this section.
  4 22    Sec. 6.  NOTIFICATION.  The department shall make
  4 23 reasonable efforts to provide notice to persons engaged in
  4 24 performing pump services on or prior to June 30, 2004, that
  4 25 such persons shall have until June 30, 2004, to register with
  4 26 the department and thereby become certified without
  4 27 examination.  
  4 28 
  4 29 
  4 30                                                             
  4 31                               BRENT SIEGRIST
  4 32                               Speaker of the House
  4 33 
  4 34 
  4 35                                                             
  5  1                               MARY E. KRAMER
  5  2                               President of the Senate
  5  3 
  5  4    I hereby certify that this bill originated in the House and
  5  5 is known as House File 583, Seventy-ninth General Assembly.
  5  6 
  5  7 
  5  8                                                             
  5  9                               MARGARET THOMSON
  5 10                               Chief Clerk of the House
  5 11 Approved                , 2002
  5 12 
  5 13 
  5 14                            
  5 15 THOMAS J. VILSACK
  5 16 Governor
     

Text: HF00582                           Text: HF00584
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