HLS 12RS-362 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 990
BY REPRESENTATIVE GUINN
WATER/WELLS: Provides for the licensing of water well pump installers
AN ACT1
To amend and reenact Chapter 13-B of Title 38 of the Louisiana Revised Statutes of 1950,2
to be comprised of R.S. 38:3098 through 3098.8, relative to the licensing of water3
well pump installers; to provide for licensing and education of water well pump4
installers; to change the composition of the advisory committee responsible for5
certain regulations affecting water well drillers; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 13-B of Title 38 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 38:3098 through 3098.8, is hereby amended and reenacted is hereby9
enacted to read as follows:10
CHAPTER 13-B. SUBSURFACE WATERS--WELL DRI LLERS AND PUMP11
INSTALLERS12
§3098. Licensing of water well and other drillers and pump installers13
A. Every person, firm, or corporation, or governmental agency engaged or14
desiring to engage in the business of drilling, installation, or removal of pumps or15
equipment for water wells, for underground water, drilling monitoring wells,16
geotechnical bore holes, heat pump wells, cathodic protection holes, and/or seismic17
shot holes, as well as reworking water wells, or plugging and abandoning wells or18
bore holes, excluding oil and gas wells, in the state of Louisiana shall file an19
application with the office for a drilling license, using forms prepared by the office,20 HLS 12RS-362 ORIGINAL
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setting out qualifications therefor and such other information including any1
examination, oral or written, as may be required by the office. The office may issue2
a license limited to the installation of pumps and equipment for water wells, and3
shall provide for the application, qualifications, and examination required for such4
limited purpose. The fees for such license and renewal shall be as follows:5
(1) Those persons, firms, or corporations, or governmental agencies who6
drill less fewer than twenty-five domestic water wells yearly shall pay a license and7
annual fee of fifty dollars.8
(2) For all other persons, firms, or corporations, or governmental agencies9
who drill water wells, and/or drill monitoring wells, geotechnical bore holes, heat10
pump wells, cathodic protection holes, seismic shot holes, as well as reworking or11
install pumps or equipment for water wells or rework water wells, or plugging plug12
and abandoning abandon wells or bore holes, excluding oil and gas wells, the license13
fee and annual renewal fee shall be one hundred dollars.14
B. All licenses shall expire on June thirtieth of each year, and shall not be15
transferable, and shall be renewable annually, upon submitting all outstanding water16
well registration forms as required by R.S. 38:3094(A)(1), completion of six hours17
of continuing education as approved by the office, and upon payment of the required18
fee. Any person, firm, corporation, or governmental agency engaged in water well19
pump installations or removal on April 21, 2012, upon a request made to the20
department before June 30, 2013, and upon providing satisfactory evidence of a21
minimum of two years of pump installing experience, shall be issued a license22
limited to installing pumps or equipment for water wells and shall not be required23
to take an examination, provided the applicant is at least eighteen years of age and24
of good moral character.25
C. Nothing in this Chapter shall prevent a person who has not obtained a26
license pursuant thereto to this Chapter from constructing or plugging a water well27
or installing or removing a water well pump in his own well if any such well is28
located on his own or leased property intended for use only in a single family house29 HLS 12RS-362 ORIGINAL
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which is his permanent residence, or intended for use only for watering livestock on1
his farm, and where the waters to be produced are not intended for use by the public2
or any residence other than his own. However, such person shall comply with all3
rules and regulations as to the construction of wells as set out by the provisions of4
this Chapter.5
D. This Section shall apply to any person who performs drilling or pump6
installing services; however, the provisions of this Section shall not apply to any7
person who performs labor or services at the direction and under the personal8
supervision of a licensed well contractor driller or pump installer.9
E. A license may be renewed and shall be renewable without examination10
for the ensuing year by making an application not later than the expiration date,11
submitting all outstanding water well registration forms required by R.S.12
38:3094(A)(1), and paying the applicable fee. Such application shall have the effect13
of extending the validity of the current license until the new license is received or the14
applicant is notified by the department that the license has been refused. On15
application made after June thirtieth of each year, the license will shall be renewed16
only upon payment of the applicable fee, plus a penalty of five dollars for each17
month the application is delinquent. Delinquency in excess of one year may, in the18
discretion of the advisory committee, be deemed as a waiver of the driller's or pump19
installer's right for renewal; and if he should apply thereafter, the department may20
require that he be considered as a new applicant, including the requirement for21
examination.22
F. Any person whose license has been revoked may, upon application for a23
new license, be required, in the discretion of the advisory committee, to take the24
examination and in all other ways be considered as a new applicant.25
§3098.1. Qualifications for license 26
In order to be licensed as a drilling contractor driller or pump installer, as27
provided in R.S. 38:3098, in the state of Louisiana, the applicant must possess the28
following qualifications:29 HLS 12RS-362 ORIGINAL
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(1) Be at least eighteen years of age.1
(2) Be of good moral character.2
(3) Have a minimum of two years drilling or pump installation experience.3
(4) Demonstrate to the satisfaction of the office a reasonable knowledge of4
this Chapter and the rules and regulations adopted by the office under the provisions5
of this Chapter.6
§3098.2. Powers of the Department of Natural Resources, office of conservation7
resources8
A. In carrying out the provisions of this Chapter, the office is empowered but9
not limited to do the following:10
(1) Make reasonable rules and regulations for the purpose of carrying out the11
provisions of this Chapter as well as for the proper drilling, registration, and12
abandonment of wells and holes, excluding oil and gas wells, and the installation and13
removal of water well pumps.14
(2) Prepare required forms and establish other procedures to govern the15
submission of applications, reports, and other information authorized to be sent to16
the office as required by this Chapter.17
(3) Prepare and give reasonable oral or written examinations or both for18
license applicants.19
(4) Deposit all fees in a special fund in the office of the state treasurer to be20
used for the implementation of this Chapter.21
(5) Upon presenting valid identification as an inspector for the office, enter22
upon and be given access at reasonable times and under reasonable conditions to any23
premises for the purposes of inspecting water wells.24
B. If the office finds that compliance with all the requirements of this25
Chapter would result in undue hardship, an exemption from any one or more of such26
requirements may be granted by the office to the extent necessary to ameliorate such27
undue hardship and to the extent such exemption can be granted without impairing28
the intent and purpose of this Chapter.29 HLS 12RS-362 ORIGINAL
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§3098.4. Grounds for revoking license1
The grounds for revoking a well driller's license shall be as follows or pump2
installer's license shall be any one of the following:3
1. That he has intentionally made a material misstatement in the application4
for such license; or.5
2. That he has willfully violated any provisions of this Chapter ; or.6
3. That he has obtained, or attempted to obtain, such license by fraud or7
misrepresentation; or.8
4. That he has been guilty of fraudulent or dishonest practices ; or.9
5. That he has demonstrated lack of competence as a driller of water wells10
water well driller or pump installer; or.11
6. That he has failed or refused to file reports as required under the12
provisions of this Chapter; or.13
7. That he has willfully and contumaciously refused to obey reasonable14
orders, rules, and regulations of the office.15
§3098.5. Driller to keep records and file reports16
The driller shall keep accurate records on each water well drilled, including17
but not limited to its location, depth, character of rocks or formations drilled, fluids18
encountered, and such other reasonable information as the office may specify. Each19
driller shall, within thirty days after completion of each well, file a report containing20
such information in the office on forms provided by the office. A copy of this21
information shall be provided to the Louisiana Geological Survey by the office.22
However, no report or information shall be required to be filed with the office if the23
well is a driven well or if it is dug by the use of a hand auger. It shall be the24
responsibility of a pump installer to keep accurate records on each pump installed,25
including but not limited to its location, depth, size, capacity, and such other26
reasonable information as the department may specify.27 HLS 12RS-362 ORIGINAL
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§3098.6. Advisory committee1
A. The Department of Natural Resources is hereby authorized to appoint a2
committee to serve in an advisory capacity and to make recommendations for the3
regulation and control of water well drillers as defined in this Chapter. This advisory4
committee shall consist of the following members:5
(1) The commissioner of conservation or his designee.6
(2) The secretary of the Department of Natural Resources or his designee.7
(3) The president of the Louisiana Engineering Society or his designee.8
(4) The secretary of the Department of Health and Hospitals or his designee.9
(5) The secretary of the Department of Environmental Quality or his10
designee.11
(6) The director of the Louisiana Geological Survey.12
(5)(7) One representative of the United States Geological Survey.13
(6)(8) One domestic well driller selected by the governor from a list of three14
submitted by the Louisiana Ground Water Association.15
(7)(9) One municipal and industrial driller selected by the governor from a16
list of three submitted by the Louisiana Ground Water Association.17
(8)(10) One irrigation driller selected by the governor from a list of three18
submitted by the Louisiana Ground Water Association.19
(9)(11) Two drillers at large selected by the commissioner of conservation20
from the industry as a whole.21
B. The first appointment of the domestic well driller and one at large driller22
shall be for one year; the first appointment of the irrigation well driller and one at23
large driller shall be for two years; the first appointment of the municipal and24
industrial driller shall be for three years; thereafter, all appointments shall be for four25
year terms.26
C. The chairman and vice chairman shall be selected by the members of the27
committee.28 HLS 12RS-362 ORIGINAL
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D. The members who are public employees shall not receive no pay or1
allowances for their attendance at meetings of the advisory committee. All other2
members of the advisory committee shall not receive no salary or per diem but may3
be compensated for expenses actually incurred in official activities approved by the4
office out of funds derived from license fees collected under the provisions of this5
Chapter. Such compensation shall be based upon proof to the satisfaction of the6
office in accordance with policies adopted by the legislative auditor in such matters.7
§3098.7. Penalties8
A. Any person, firm, or corporation, or governmental agency who engages9
in or follows the business or occupation, or advertises, holds itself out, or acts10
temporarily or otherwise as a well driller or pump installer without having first11
secured the required license or renewal thereof, or who otherwise violates any12
provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction13
shall be fined not less than one hundred dollars and not more than one thousand14
dollars within the discretion of the court; and each day in which such violation exists15
or continues shall constitute a separate offense.16
B. In addition to the penalties prescribed herein, any person who violates any17
order of the office requiring described remedial action as set out elsewhere in this18
Chapter, which shall specify a time requirement for compliance with such order,19
shall be subject to a penalty not to exceed one hundred dollars for each day such20
noncompliance continues.21
§3098.8. Chapter supplementary to other laws and regulations22
This Chapter shall be supplementary to laws, rules, and regulations of the23
state of Louisiana, or any of its political subdivisions, and of any other state agencies24
or commissions, except insofar as such conflict may exist.25 HLS 12RS-362 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Guinn HB No. 990
Abstract: Requires the licensing of water well pump installers.
Present law requires every person, firm, or corporation engaged in the business of drilling
water wells for underground water, drilling monitoring wells, geotechnical bore holes, heat
pump wells, cathodic protection holes, seismic shot holes, as well as reworking water wells,
or plugging or abandoning wells or bore holes, excluding oil and gas wells, to apply to the
Dept. of Natural Resources, office of conservation, for a license.
Present law provides that the license fee and annual renewal fee shall be $50 for persons,
firms, or corporations who drill fewer than 25 domestic water wells annually.
Present law provides that the license fee and annual renewal fee for all other persons, firms,
or corporations, who drill water wells, monitoring wells, geotechnical bore holes, heat pump
wells, as well as rework water wells, or plugging and abandoning wells or bore holes,
excluding oil and gas shall be $100.
Proposed law retains present law provisions and extends the license requirement to
governmental agencies who drill wells or install or remove water well pumps.
Proposed law authorizes the issuance of a license limited to the installation of pumps and
equipment for water wells.
Present law requires that all licenses shall be renewed annually by June 30 of each year and
requires six hours of continuing education annually as a requirement for such license
renewal.
Proposed law retains present law and requires renewal applicants to submit all outstanding
water well registration forms to the department.
Proposed law requires that each person, firm, corporation, or governmental agency engaged
in water well pump installations or removal on April 21, 2012, who has filed an application
before June 30, 2013, and has provided satisfactory evidence indicating that such water well
pump installer has a minimum of two years pump installing experience shall be issued a
pump installer's license and not be required to take an examination, provided such applicant
is at least 18 years of age and of good moral character.
Present law provides that provisions of law shall not require licensing of an individual
constructing a water well on his property intended for use in his private residence or for
watering livestock on his farm.
Proposed law allows employees of a drilling or pump installing service who do not have a
license to perform labor or other services under the supervision of a licensed driller or pump
installer.
Present law requires a licensee who renews his license after the renewal date to pay the
renewal fee for such license, plus a penalty of $5 for each month the application is
delinquent. HLS 12RS-362 ORIGINAL
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Present law requires water well drilling contractors applying for a state license to possess
the following qualifications:
(1)Be at least 18 years of age.
(2)Be of good moral character.
(3)Minimum of two-years drilling experience.
(4)Demonstrate reasonable knowledge of state laws relative to drilling and installation
of water wells and rules and regulations adopted by the office.
Proposed law further requires a minimum of two-years pump installation experience for a
pump installer. Makes other qualifications applicable to a pump installer.
Present law empowers the Dept. of Natural Resources, office of conservation, with the
following powers:
(1)Make rules and regulations to carry out provisions relative to the licensing of water
well drillers.
(2)Prepare forms and establish procedures to govern the submission of applications,
reports, and other information authorized to be sent to the department as required.
(3)Prepare and give reasonable oral or written examinations or both for licensed
applicants.
(4)Deposit all fees in special fund in the office of the state treasurer to be used to
implement the provisions of this Act.
(5)Enter upon and be given access to premises to inspect water wells.
Proposed law authorizes rules and regulations for the installation and removal of water well
pumps, otherwise retains present law.
Present law authorizes the grant exemption from any one or more requirements of present
law which result in undue hardships.
Present law establishes the following grounds for revoking licenses:
(1)Intentional material misstatement in license application.
(2)Willful violation of any provision of this Act.
(3)License obtained by fraud or misrepresentation.
(4)Guilty of fraudulent or dishonest practices.
(5)Incompetence as a driller of water wells.
(6)Failure or refusal to file reports as required by this Act.
(7)Willful refusal to obey reasonable orders, rules, and regulations of the department.
Proposed law provides that a water well pump installer license can also be revoked if such
installer is found to be incompetent in his occupation. HLS 12RS-362 ORIGINAL
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Present law requires a driller to keep records on each well drilled which shall include
location, depth, rock formations, fluids encountered, and other information, and within 30
days after completion of each well, the driller shall file a report with the department
containing such information.
Proposed law requires the pump installer to keep records on each pump installed which shall
include location, depth, size, and other reasonable information specified by the department.
Proposed law removes the requirement that a copy is provided to the La. Geological Survey.
Present law authorizes Dept. of Natural Resources to appoint a committee to serve in an
advisory capacity and make recommendations for the regulation and control of water well
drillers.
Proposed law adds the secretary of the Dept. of Environmental Quality or his designee and
the director of the La. Geological Survey or his designee to the advisory committee.
Present law provides that any person, firm, or corporation that does not secure the required
license or renewal or violates any provision of this Act is guilty of a misdemeanor and upon
conviction shall be fined not less than $100 and not more than $1,000, and each day such
violation shall be considered a separate offense. Further provides that the violation of a
department order requiring remedial action as provided for in this Act and specifying a time
requirement for compliance subjects the violator to an additional penalty not to exceed $100
for each day noncompliance continues.
Proposed law provides for the same penalties in present law for water well pump installers.
(Amends R.S. 38:3098-3098.8)