HF 922

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/01/2019 03:39pm

A bill for an act
relating to health; changing wells and borings provisions; amending Minnesota
Statutes 2018, sections 103I.005, subdivisions 2, 8a, 17a; 103I.205, subdivisions
1, 4, 9; 103I.208, subdivision 1; 103I.235, subdivision 3; 103I.301, subdivision 6,
by adding a subdivision; 103I.601, subdivision 4.

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

Section 1.

Minnesota Statutes 2018, section 103I.005, subdivision 2, is amended to read:

Subd. 2.

Boring.

"Boring" means a hole or excavation that deleted text begin is not used to extract water
and deleted text end includes exploratory borings, bored geothermal heat exchangers, new text begin temporary borings,
new text end and elevator borings.

Sec. 2.

Minnesota Statutes 2018, section 103I.005, subdivision 8a, is amended to read:

Subd. 8a.

Environmental well.

"Environmental well" means an excavation 15 or more
feet in depth that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed
to:

(1) conduct physical, chemical, or biological testing of groundwater, and includes a
groundwater quality monitoring or sampling well;

(2) lower a groundwater level to control or remove contamination in groundwater, and
includes a remedial well and excludes horizontal trenches; or

(3) monitor or measure physical, chemical, radiological, or biological parameters of the
earth and earth fluids, or for vapor recovery or venting systems. An environmental well
includes an excavation used to:

(i) measure groundwater levels, including a piezometer;

(ii) determine groundwater flow direction or velocity;

(iii) measure earth properties such as hydraulic conductivity, bearing capacity, or
resistance;

(iv) obtain samples of geologic materials for testing or classification; or

(v) remove or remediate pollution or contamination from groundwater or soil through
the use of a vent, vapor recovery system, or sparge point.

new text begin An environmental well does not include an exploratory boring.
new text end

Sec. 3.

Minnesota Statutes 2018, section 103I.005, subdivision 17a, is amended to read:

Subd. 17a.

Temporary deleted text begin environmental well deleted text end new text begin boring new text end .

deleted text begin "Temporary environmental well"
means an environmental well as defined in section 103I.005, subdivision 8a, that is sealed
within 72 hours of the time construction on the well begins. deleted text end new text begin "Temporary boring" means an
excavation that is 15 feet or more in depth, is sealed within 72 hours of the time of
construction, and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:
new text end

new text begin (1) conduct physical, chemical, or biological testing of groundwater, including
groundwater quality monitoring;
new text end

new text begin (2) monitor or measure physical, chemical, radiological, or biological parameters of
earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or
resistance;
new text end

new text begin (3) measure groundwater levels, including use of a piezometer; and
new text end

new text begin (4) determine groundwater flow direction or velocity.
new text end

Sec. 4.

Minnesota Statutes 2018, section 103I.205, subdivision 1, is amended to read:

Subdivision 1.

Notification required.

(a) Except as provided in paragraph (d), a person
may not construct a water-supply, dewatering, or environmental well until a notification of
the proposed well on a form prescribed by the commissioner is filed with the commissioner
with the filing fee in section 103I.208, and, when applicable, the person has met the
requirements of paragraph (e). If after filing the well notification an attempt to construct a
well is unsuccessful, a new notification is not required unless the information relating to
the successful well has substantially changed. A notification is not required prior to
construction of a temporary deleted text begin environmental well deleted text end new text begin boring new text end .

(b) The property owner, the property owner's agent, or the licensed contractor where a
well is to be located must file the well notification with the commissioner.

(c) The well notification under this subdivision preempts local permits and notifications,
and counties or home rule charter or statutory cities may not require a permit or notification
for wells unless the commissioner has delegated the permitting or notification authority
under section 103I.111.

(d) A person who is an individual that constructs a drive point water-supply well on
property owned or leased by the individual for farming or agricultural purposes or as the
individual's place of abode must notify the commissioner of the installation and location of
the well. The person must complete the notification form prescribed by the commissioner
and mail it to the commissioner by ten days after the well is completed. A fee may not be
charged for the notification. A person who sells drive point wells at retail must provide
buyers with notification forms and informational materials including requirements regarding
wells, their location, construction, and disclosure. The commissioner must provide the
notification forms and informational materials to the sellers.

(e) When the operation of a well will require an appropriation permit from the
commissioner of natural resources, a person may not begin construction of the well until
the person submits the following information to the commissioner of natural resources:

(1) the location of the well;

(2) the formation or aquifer that will serve as the water source;

(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will be
requested in the appropriation permit; and

(4) other information requested by the commissioner of natural resources that is necessary
to conduct the preliminary assessment required under section 103G.287, subdivision 1,
paragraph (c).

The person may begin construction after receiving preliminary approval from the
commissioner of natural resources.

Sec. 5.

Minnesota Statutes 2018, 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 new text begin or temporary boring
new text end 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
deleted text end deleted text begin with well water systems if: (i) the repair location is within an area where there is no licensed
deleted text end deleted text begin well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant
deleted text end deleted text begin sections of the plumbing code.
deleted text end

Sec. 6.

Minnesota Statutes 2018, 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 60 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.

Sec. 7.

Minnesota Statutes 2018, section 103I.208, subdivision 1, is amended to read:

Subdivision 1.

Well notification fee.

The well notification fee to be paid by a property
owner is:

(1) for construction of a water supply well, $275, which includes the state core function
fee;

(2) for a well sealing, $75 for each well new text begin or temporary boring new text end , which includes the state
core function fee, except that new text begin : (i) new text end a single fee of $75 is required for all temporary
deleted text begin environmental wells deleted text end new text begin borings new text end recorded on the sealing notification for a single property deleted text begin ,
having depths within a 25 foot range, deleted text end and sealed within 72 hours of start of construction new text begin ;
and (ii) temporary borings less than 25 feet in depth are exempt from the notification and
fee requirements in this chapter new text end ;

(3) for construction of a dewatering well, $275, which includes the state core function
fee, for each dewatering well except a dewatering project comprising five or more dewatering
wells shall be assessed a single fee of $1,375 for the dewatering wells recorded on the
notification; and

(4) for construction of an environmental well, $275, which includes the state core function
fee, except that a single fee of $275 is required for all environmental wells recorded on the
notification that are located on a single property, and except that no fee is required for
construction of a temporary deleted text begin environmental well deleted text end new text begin boring new text end .

Sec. 8.

Minnesota Statutes 2018, section 103I.235, subdivision 3, is amended to read:

Subd. 3.

Temporary deleted text begin environmental well deleted text end new text begin boring new text end and unsuccessful well exemption.

This
section does not apply to temporary deleted text begin environmental wells deleted text end new text begin borings new text end or unsuccessful wells that
have been sealed by a licensed contractor in compliance with this chapter.

Sec. 9.

Minnesota Statutes 2018, section 103I.301, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Temporary boring. new text end

new text begin (a) The owner of the property where a temporary boring
is located must have the temporary boring sealed within 72 hours after the start of
construction of the temporary boring.
new text end

new text begin (b) The owner must have a well contractor, a limited well/boring sealing contractor, or
an environmental well contractor seal the temporary boring.
new text end

Sec. 10.

Minnesota Statutes 2018, section 103I.301, subdivision 6, is amended to read:

Subd. 6.

Notification required.

A person may not seal a well new text begin or temporary boring new text end until
a notification of the proposed sealing is filed as prescribed by the commissioner. new text begin Temporary
borings less than 25 feet in depth are exempt from the notification requirements in this
chapter.
new text end

Sec. 11.

Minnesota Statutes 2018, section 103I.601, subdivision 4, is amended to read:

Subd. 4.

Notification and map of borings.

(a) By ten days before beginning exploratory
boring, an explorer must submit to the commissioner of health a notification of the proposed
boring deleted text begin on a form prescribed by the commissioner, deleted text end new text begin map new text end and a fee of $275 deleted text begin for each exploratory
boring deleted text end .

(b) By ten days before beginning exploratory boring, an explorer must submit to the
commissioners of health and natural resources a county road map new text begin on a single sheet of paper
that is 8-1/2 by 11 inches in size and new text end having a scale of one-half inch equal to one mile, as
prepared by the Department of Transportation, or a 7.5 minute series topographic map
(1:24,000 scale), as prepared by the United States Geological Survey, showing the location
of each proposed exploratory boring to the nearest estimated 40 acre parcel. Exploratory
boring that is proposed on the map may not be commenced later than 180 days after
submission of the map, unless a new map is submitted.