HB270ENGROSSED
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HB270
CXXVEWJ-2
By Representatives Hammett, Hulsey, Robertson
RFD: Boards, Agencies and Commissions
First Read: 13-Feb-25
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First Read: 13-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Department of Environmental
Management and the licensing of well drillers; to amend
Sections 22-24-1, 22-24-2, 22-24-3, 22-24-4, 22-24-5, 22-24-7,
22-24-8, and 22-24-11 of the Code of Alabama 1975; to further
provide for the licensing of water well drillers and other
drillers doing similar underground drilling; to increase the
fees for licensure and provide a two-year licensure period; to
require continuing education of licensees; and to authorize
the Environmental Management Commission to adopt rules,
including a fee schedule for the filing of each water well
completion certification.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 22-24-1, 22-24-2, 22-24-3, 22-24-4,
22-24-5, 22-24-7, 22-24-8, and 22-24-11 of the Code of Alabama
1975, are amended to read as follows:
"§22-24-1
For the purpose of this chapter, the following terms
wordsshall have the following meanings respectively ascribed
to them by this section :
(1) BOARD. The Alabama Department of Environmental
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(1) BOARD. The Alabama Department of Environmental
Management.COMMISSION. The Environmental Management
Commission.
(2) DIRECTOR. The Director of the Alabama Department of
Environmental Management. DEPARTMENT. The Alabama Department of
Environmental Management.
(3) DRILL. To drill or redrill, bore, auger, dig , or
otherwise construct a water well.
(4) DRILLER. Any person who manages or supervises the
drilling of a water well.
(5) LICENSEE. Any person required to be licensed under
this chapter.
(5)(6) LOG. A record of the type of material or rock
penetrated in the drilling of a water well.
(6)(7) PERSON. Any individual, organization, group,
association, partnership, corporation , or any combination of
them other business entity operating a business to drill water
wells.
(7)(8) SAMPLE. Cuttings or other fragments of rock or
soil materials removed from the well.
(8)(9)WATER WELL. A hole drilled for the production of
water.
(10) WELL. A hole drilled for a water well or other
purposes as defined and licensed pursuant to this chapter or
other activity related to water well construction or
maintenance, such as pump repair or replacement. "
"§22-24-2
(a) It is the intent of the Legislature that this
chapter applies solely to wells drilled for the production of
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chapter applies solely to wells drilled for the production of
water and other underground drilling activity and related
activity as provided in this chapter.
(b) This chapter has no application to wells or holes
drilled, augered, cored , or dug for quarry blast holes or
mineral prospecting or any purpose other than water
production."
"§22-24-3
(a) The board is authorized and directed to make,
promulgate and publish such commission shall adopt rules and
regulations as it deems reasonable and necessary to effectuate
and carry out the purpose and provisions of this chapter , and
a true copy of such rules and regulations shall be kept on
file with the Secretary of State and copies thereof shall be
made available for public distribution .
(b) The rules shall be adopted pursuant to the Alabama
Administrative Procedure Act, Chapter 22 of Title 41.
Notwithstanding any other provision of law, no additional
publication or notice shall be required for the adoption of
rules other than compliance with the Alabama Administrative
Procedure Act.
(c) Prior to any rule change being proposed by the
commission, the department shall consult with the Alabama
Ground Water Association and other affected parties not less
than 60 days prior to any rule change being published in the
Alabama Administrative Monthly.
(d) The board department shall cause be responsible for
the enforcement of this chapter and all rules and regulations
it promulgates to be enforced adopted pursuant to this
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it promulgates to be enforced adopted pursuant to this
chapter."
"§22-24-4
It shall be unlawful for any person to operate any
equipment or machinery in the drilling or repair of a water
well or other well unless the overall operation is, at all
times, under the supervision and management of a licensed
water well driller or licensed person as provided for in this
chapter."
"§22-24-5
Every person who intends to drill water wells within
the State of Alabama shall annually obtain from the board a
water well driller's license and, in order to obtain said
license, shall file with the board, in accordance with rules
and regulations as established by the board, an application
form, to be made available by the board. Any person, upon
filing said application and receiving approval of the board,
shall pay an annual fee of $200.00 to the board, and the
payment of said fee shall entitle said person to the full and
complete privileges of drilling water wells, as provided in
this chapter, and the board shall issue a license for a period
not to exceed one year. Said annual fee paid to the board
shall not exempt a person from additional state or county
privilege taxes. (a) Any person who manages or supervises the
drilling of a water well, repairs or installs a well pump,
constructs or repairs environmental wells, or constructs
geothermal systems shall be licensed under this chapter.
(b) The department shall issue two types of licenses
pursuant to this chapter as follows:
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pursuant to this chapter as follows:
(1) An Unrestricted Water Well Driller's License. A
license that authorizes a person holding a Water Well
Driller's License to engage to the full extent as otherwise
authorized by this chapter related to the business of drilling
and constructing water wells; installing and servicing pumps
and related water well equipment, including geothermal systems
and other specialized well or borehole construction; and any
other work involving drilling, grouting, plugging, abandoning,
or decommissioning water wells, other wells, and boreholes;
and any other similar and related activities.
(2) A Restricted License. A specialty driller's or pump
installer's license restricted to performance of only those
activities specified in the conditions of the license.
Restrictions shall be placed on the licenses of any person who
does either of the following:
a. Only engages in specialized well construction such
as drilling or constructing environmental monitoring wells or
constructing geothermal systems.
b. Only engages in limited aspects of the water well
construction business such as pump and well equipment
installation and service.
(c) A license may be issued to an individual or to a
business entity in the name of the business entity. A license
may be issued to a business entity only if the entity has a
principal or key employee who is licensed and specifically
listed on the license.
(d) All licenses issued by the department shall be
valid for a two-year license period commencing on October 1,
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valid for a two-year license period commencing on October 1,
2025.
(e) The license fees are as follows:
(1) An unrestricted license fee shall be one thousand
dollars ($1,000).
(2) A restricted license fee shall be five hundred
dollars ($500).
(3) A business entity license fee shall be five hundred
dollars ($500).
(f) The license renewal shall be due on October 1 and
shall be delinquent if not paid by December 31 of each renewal
period. Any renewal that is delinquent may be renewed by the
payment of an additional delinquency fee of twenty dollars
($20) per month of delinquency, up to one year.
(g) Each initial license shall only be granted to an
individual. The individual shall be subject to examination by
testing and required to meet all requirements as provided by
rule of the department. The license fee for a new licensee
shall be prorated on a monthly basis for the balance of the
license period.
(h) Commencing on the renewal of each license for the
license period beginning on October 1, 2027, each individual
licensee shall submit proof of completion of continuing
education approved by the department to renew a license as
follows:
(1) For an unrestricted license, proof of completion of
six hours of continuing education.
(2) For a restricted license, proof of completion of
three hours of continuing education.
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three hours of continuing education.
(i) Any licensee who fails to submit proof of
completion of the required continuing education shall be given
a grace period to complete the required continuing education
until March 31 after the commencement of the new license
period.
(j) A license required by this chapter shall authorize
the licensee to engage in the activities in this state as
provided in this chapter. "
"§22-24-7
(a) A license may be refused or a license duly issued
may be suspended or revoked, or the renewal thereof refused by
the board department, if, after notice and hearing as provided
in this section, itthe department finds that the applicant
for, or holder of, such a license:
(1) Is unable to present evidence of his or her
qualifications suitable to the board department;
(2) Has intentionally made a material misstatement in
the application for such the license;
(3) Has willfully violated any provision of this
chapter;
(4) Has obtained, or attempted to obtain, such the
license by fraud or misrepresentation;
(5) Has been guilty of fraudulent or dishonest
practices; or
(6) Has demonstrated lack of competence as a driller of
water wells.
(b) Before any license shall be is refused, or
suspended or revoked, or the renewal thereof refused, under
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suspended or revoked, or the renewal thereof refused, under
this section, the board department shall give notice of its
intention to do so by registered or certified mail to the
applicant for, or holder of, such the license and shall set a
date not less than 20 days from the date of mailing such the
notice when the applicant or licensee may appear to be heard
and produce evidence. In the conduct of such the hearing, the
board department, or an authorized representative specially
designated by it for such that purpose, shall have power to
administer oaths, to require the appearance of and examine any
person under oath, and to require the production of books,
records, or papers relevant to the inquiry upon its own
initiative or upon the request of the applicant or licensee.
Upon termination of such the hearing, the findings shall be
reduced to writing and, upon approval by the board department,
shall be filed in its office and notice of the findings and
resulting decision shall be sent by registered or certified
mail to the applicant or licensee concerned.
(c) No licensee whose license has been revoked under
this section shall be entitled to file another application for
a license as a water well driller or otherwise under this
chapter within one year from the effective date of such
revocation or, if judicial review of such the revocation is
sought, within one year from the date of final court order or
judgment affirming such the revocation. SuchThe application,
when filed, may be refused by the board department unless the
applicant shows good cause why revocation of his the license
shall not be deemed a bar to the issuance of a new license."
"§22-24-8
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"§22-24-8
It shall be unlawful and a violation of this chapter to
drill a water well within the State of Alabama unless the
following provisions are complied with:
(1)(a) The driller of the water well or other well, or
a business entity performing any activities required to be
licensed under this chapter, shall be licensed as provided in
Section 22-24-5 in order to engage in well-drilling activity
and, in addition, shall comply with all of the following .:
(2)(1) The driller shall, at all times during the
drilling of a water well or other drilling , keep posted in a
conspicuous location , at or near the well being drilled or on
his person, the appropriate license certificate as furnished
on the drilling equipment an annual sticker issued by the
board department.
(3)(2) Before the commencement of the drilling
operation, the driller shall file an application of intent to
drill a water well, as directed by the board department.
(4)(3)The driller of the well, within Within 30 days
after completion of the drilling of each water well, the
driller shall deliver to the board department a water well
completion certification form , upon forms to be supplied by
the board, a "report of well drilled" . The board department
shall notify the local health authorities only for potable and
agricultural wells within seven days of the receipt thereof.
(5)(4) The driller shall furnish a log and a set of
samples to the State Geological Survey from wells specifically
designated by the board department or State Geologist. The
samples shall be collected during the drilling at intervals of
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samples shall be collected during the drilling at intervals of
not more than 10 feet.
(b) The commission by rule may adopt a fee schedule for
fees due on the filing of a water well completion
certification. The fee schedule may not exceed one thousand
dollars ($1,000) set by rule based on whether a well is used
for an industrial, commercial, or domestic purpose or other
criteria as provided by rule. The fee for a single-family
residence or duplex may not exceed two hundred fifty dollars
($250). The fees may be paid electronically. All fees shall be
deposited in the Environmental Management Fund earmarked for
the administration of this chapter and shall not revert to the
State General Fund at the end of each fiscal year. "
"§22-24-11
Any person guilty of violating any of the provisions of
failing to comply with this chapter or violating any rule
adopted pursuant to this chapter or the rules and regulations
adopted thereunder shall be guilty of a misdemeanor and may be
punished by a fine of not less than $100.00 nor more than
$500.00 for each violation. Each day the violation continues
shall be considered a separate violation. Any and all funds
derived from such fines shall be deposited with the State
Treasurer in the Alabama Department of Environmental
Management Fund is subject to Section 22-22A-5 of the
Environmental Management Act ."
Section 2. All rules of the Department of Environmental
Management in Division 335-9 of the Alabama Administrative
Code shall continue as rules of the Environmental Management
Commission until amended or repealed.
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Commission until amended or repealed.
Section 3. This act shall become effective on October
1, 2025.
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1, 2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Boards, Agencies and
Commissions
................13-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................27-Feb-25
Read for the third time and passed
as amended
Yeas 102
Nays 0
Abstains 0
................04-Mar-25
John Treadwell
Clerk
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