HF 3735

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/28/2018 01:59pm

A bill for an act
relating to health; modifying requirements for licensure or registration for certain
activities related to wells and borings; changing the date for completion of work
report on wells and borings; amending Minnesota Statutes 2016, section 103I.205,
subdivision 9; Minnesota Statutes 2017 Supplement, section 103I.205, subdivision
4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 4, is
amended to read:

Subd. 4.

License required.

(a) Except as provided in paragraph (b), (c), (d), or (e),
section 103I.401, subdivision 2, or 103I.601, subdivision 2, a person may not drill, construct,
repair, or seal a well or boring unless the person has a well contractor's license in possession.

(b) A person may construct, repair, and seal an environmental well if the person:

(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches
of civil or geological engineering;

(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;

(3) is a professional geoscientist licensed under sections 326.02 to 326.15;

(4) is a geologist certified by the American Institute of Professional Geologists; or

(5) meets the qualifications established by the commissioner in rule.

A person must be licensed by the commissioner as an environmental well contractor on
forms provided by the commissioner.

(c) A person may do the following work with a limited well/boring contractor's license
in possession. A separate license is required for each of the four activities:

(1) installing, repairing, and modifying well screens, pitless units and pitless adaptors,
well pumps and pumping equipment, and well casings from the pitless adaptor or pitless
unit to the upper termination of the well casing;

(2) sealing wells and borings;

(3) constructing, repairing, and sealing dewatering wells; or

(4) constructing, repairing, and sealing bored geothermal heat exchangers.

(d) A person may construct, repair, and seal an elevator boring with an elevator boring
contractor's license.

(e) Notwithstanding other provisions of this chapter requiring a license, a license is not
required for a person who complies with the other provisions of this chapter if the person
is:

(1) an individual who constructs a water-supply well on land that is owned or leased by
the individual and is used by the individual for farming or agricultural purposes or as the
individual's place of abode; new text begin or
new text end

(2) an individual who performs labor or services for a contractor licensed under the
provisions of this chapter in connection with the construction, sealing, or repair of a well
or boring at the direction and under the personal supervision of a contractor licensed under
the provisions of this chapter deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) a licensed plumber who is repairing submersible pumps or water pipes associated
with well water systems if: (i) the repair location is within an area where there is no licensed
well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant
sections of the plumbing code.
deleted text end

Sec. 2.

Minnesota Statutes 2016, section 103I.205, subdivision 9, is amended to read:

Subd. 9.

Report of work.

Within deleted text begin 30 deleted text end new text begin 90 new text end days after completion or sealing of a well or
boring, the person doing the work must submit a verified report to the commissioner
containing the information specified by rules adopted under this chapter.

Within 30 days after receiving the report, the commissioner shall send or otherwise
provide access to a copy of the report to the commissioner of natural resources, to the local
soil and water conservation district where the well is located, and to the director of the
Minnesota Geological Survey.