Bill Text: MN HF2710 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Well regulation modified to include bored geothermal heat exchangers.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-03-08 - Author added Erickson [HF2710 Detail]
Download: Minnesota-2011-HF2710-Introduced.html
1.2relating to health; modifying well regulation to include bored geothermal heat
1.3exchangers;amending Minnesota Statutes 2010, sections 103I.005, subdivisions
1.42, 8, 12, by adding a subdivision; 103I.101, subdivisions 2, 5; 103I.105;
1.5103I.111, subdivision 8; 103I.205, subdivision 4; 103I.325, subdivision 2;
1.6103I.501; 103I.531, subdivision 5; 103I.535, subdivision 6; 103I.641; 103I.711,
1.7subdivision 1; 103I.715, subdivision 2; Minnesota Statutes 2011 Supplement,
1.8section 103I.208, subdivision 2; proposing coding for new law in Minnesota
1.9Statutes, chapter 103I.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 103I.005, is amended by adding a
1.12subdivision to read:
1.13 Subd. 1a. Bored geothermal heat exchanger. "Bored geothermal heat exchanger"
1.14means an earth-coupled heating or cooling device consisting of a sealed closed-loop
1.15piping system installed in a boring in the ground to transfer heat to or from the surrounding
1.16earth with no discharge.
1.17EFFECTIVE DATE.This section is effective July 1, 2012.
1.18 Sec. 2. Minnesota Statutes 2010, section 103I.005, subdivision 2, is amended to read:
1.19 Subd. 2. Boring. "Boring" means a hole or excavation that is not used to extract
1.20water and includes exploratory borings, environmental bore holes,vertical bored
1.21geothermal heat exchangers, and elevatorshafts borings.
1.22EFFECTIVE DATE.This section is effective July 1, 2012.
1.23 Sec. 3. Minnesota Statutes 2010, section 103I.005, subdivision 8, is amended to read:
2.1 Subd. 8. Environmental bore hole. "Environmental bore hole" means a hole or
2.2excavation in the ground that penetrates a confining layer or is greater than 25 feet in
2.3depth and enters or goes through a water bearing layer and is used to monitor or measure
2.4physical, chemical, radiological, or biological parameters without extracting water. An
2.5environmental bore hole also includes bore holes constructed for vapor recovery or
2.6venting systems. An environmental bore hole does not include a well, elevatorshaft
2.7boring, exploratory boring, or monitoring well.
2.8EFFECTIVE DATE.This section is effective July 1, 2012.
2.9 Sec. 4. Minnesota Statutes 2010, section 103I.005, subdivision 12, is amended to read:
2.10 Subd. 12. Limited well/boring contractor. "Limited well/boring contractor" means
2.11a person with a limited well/boring contractor's license issued by the commissioner.
2.12Limited well/boring contractor's licenses are issued for constructing, repairing, and sealing
2.13vertical bored geothermal heat exchangers; installing, repairing, and modifying pitless
2.14units and pitless adaptors, well casings above the pitless unit or pitless adaptor, well
2.15screens, or well diameters; constructing, repairing, and sealing drive point wells or dug
2.16wells; constructing, repairing, and sealing dewatering wells; sealing wells; and installing
2.17well pumps or pumping equipment.
2.18EFFECTIVE DATE.This section is effective July 1, 2012.
2.19 Sec. 5. Minnesota Statutes 2010, section 103I.101, subdivision 2, is amended to read:
2.20 Subd. 2. Duties. The commissioner shall:
2.21(1) regulate the drilling, construction, modification, repair, and sealing of wells
2.22and borings;
2.23(2) examine and license well contractors; persons constructing, repairing, and
2.24sealingvertical bored geothermal heat exchangers; persons modifying or repairing well
2.25casings, well screens, or well diameters; persons constructing, repairing, and sealing drive
2.26point wells or dug wells; persons constructing, repairing, and sealing dewatering wells;
2.27persons sealing wells; persons installing well pumps or pumping equipment; and persons
2.28excavating or drilling holes for the installation of constructing, repairing, and sealing
2.29elevator boringsor hydraulic cylinders;
2.30(3) register and examine monitoring well contractors;
2.31(4) license explorers engaged in exploratory boring and examine individuals who
2.32supervise or oversee exploratory boring;
3.1(5) after consultation with the commissioner of natural resources and the Pollution
3.2Control Agency, establish standards for the design, location, construction, repair, and
3.3sealing of wells and borings within the state; and
3.4(6) issue permits for wells, groundwater thermal devices,vertical bored geothermal
3.5heat exchangers, and elevator borings.
3.6 Sec. 6. Minnesota Statutes 2010, section 103I.101, subdivision 5, is amended to read:
3.7 Subd. 5. Commissioner to adopt rules. The commissioner shall adopt rules
3.8including:
3.9(1) issuance of licenses for:
3.10(i) qualified well contractors, persons modifying or repairing well casings, well
3.11screens, or well diameters;
3.12(ii) persons constructing, repairing, and sealing drive point wells or dug wells;
3.13(iii) persons constructing, repairing, and sealing dewatering wells;
3.14(iv) persons sealing wells;
3.15(v) persons installing well pumps or pumping equipment;
3.16(vi) persons constructing, repairing, and sealingvertical bored geothermal heat
3.17exchangers; and
3.18(vii) persons constructing, repairing, and sealing elevator borings;
3.19(2) issuance of registration for monitoring well contractors;
3.20(3) establishment of conditions for examination and review of applications for
3.21license and registration;
3.22(4) establishment of conditions for revocation and suspension of license and
3.23registration;
3.24(5) establishment of minimum standards for design, location, construction, repair,
3.25and sealing of wells and borings to implement the purpose and intent of this chapter;
3.26(6) establishment of a system for reporting on wells and borings drilled and sealed;
3.27(7) establishment of standards for the construction, maintenance, sealing, and water
3.28quality monitoring of wells in areas of known or suspected contamination;
3.29(8) establishment of wellhead protection measures for wells serving public water
3.30supplies;
3.31(9) establishment of procedures to coordinate collection of well and boring data with
3.32other state and local governmental agencies;
3.33(10) establishment of criteria and procedures for submission of well and boring logs,
3.34formation samples or well or boring cuttings, water samples, or other special information
3.35required for and water resource mapping; and
4.1(11) establishment of minimum standards for design, location, construction,
4.2maintenance, repair, sealing, safety, and resource conservation related to borings,
4.3including exploratory borings as defined in section103I.005, subdivision 9 .
4.4EFFECTIVE DATE.This section is effective July 1, 2012.
4.5 Sec. 7. Minnesota Statutes 2010, section 103I.105, is amended to read:
4.6103I.105 ADVISORY COUNCIL ON WELLS AND BORINGS.
4.7(a) The Advisory Council on Wells and Borings is established as an advisory council
4.8to the commissioner. The advisory council shall consist of 18 voting members. Of the
4.918 voting members:
4.10(1) one member must be from the Department of Health, appointed by the
4.11commissioner of health;
4.12(2) one member must be from the Department of Natural Resources, appointed
4.13by the commissioner of natural resources;
4.14(3) one member must be a member of the Minnesota Geological Survey of the
4.15University of Minnesota, appointed by the director;
4.16(4) one member must be a responsible individual for a licensed explorer;
4.17(5) one member must be a certified representative of a licensed elevator boring
4.18contractor;
4.19(6) two members must be members of the public who are not connected with the
4.20boring or well drilling industry;
4.21(7) one member must be from the Pollution Control Agency, appointed by the
4.22commissioner of the Pollution Control Agency;
4.23(8) one member must be from the Department of Transportation, appointed by the
4.24commissioner of transportation;
4.25(9) one member must be from the Board of Water and Soil Resources appointed by
4.26its chair;
4.27(10) one member must be a certified representative of a monitoring well contractor;
4.28(11) six members must be residents of this state appointed by the commissioner, who
4.29are certified representatives of licensed well contractors, with not more than two from
4.30the seven-county metropolitan area and at least four from other areas of the state who
4.31represent different geographical regions; and
4.32(12) one member must be a certified representative of a licensedvertical bored
4.33geothermal heat exchanger contractor.
5.1(b) An appointee of the well drilling industry may not serve more than two
5.2consecutive terms.
5.3(c) The appointees to the advisory council from the well drilling industry must:
5.4(1) have been residents of this state for at least three years before appointment; and
5.5(2) have at least five years' experience in the well drilling business.
5.6(d) The terms of the appointed members and the compensation and removal of all
5.7members are governed by section15.059 , except section
15.059, subdivision 5 , relating to
5.8expiration of the advisory council does not apply.
5.9EFFECTIVE DATE.This section is effective July 1, 2012.
5.10 Sec. 8. Minnesota Statutes 2010, section 103I.111, subdivision 8, is amended to read:
5.11 Subd. 8. Municipal regulation of drilling. A municipality may regulate all drilling,
5.12except well, elevatorshaft boring, and exploratory drilling that is subject to the provisions
5.13of this chapter, above, in, through, and adjacent to subsurface areas designated for mined
5.14underground space development and existing mined underground space. The regulations
5.15may prohibit, restrict, control, and require permits for the drilling.
5.16EFFECTIVE DATE.This section is effective July 1, 2012.
5.17 Sec. 9. Minnesota Statutes 2010, section 103I.205, subdivision 4, is amended to read:
5.18 Subd. 4. License required. (a) Except as provided in paragraph (b), (c), (d), or (e),
5.19section103I.401, subdivision 2 , or section
103I.601, subdivision 2 , a person may not
5.20drill, construct, repair, or seal a well or boring unless the person has a well contractor's
5.21license in possession.
5.22(b) A person may construct, repair, and seal a monitoring well if the person:
5.23(1) is a professional engineer licensed under sections326.02 to
326.15 in the
5.24branches of civil or geological engineering;
5.25(2) is a hydrologist or hydrogeologist certified by the American Institute of
5.26Hydrology;
5.27(3) is a professional geoscientist licensed under sections326.02 to
326.15 ;
5.28(4) is a geologist certified by the American Institute of Professional Geologists; or
5.29(5) meets the qualifications established by the commissioner in rule.
5.30A person must register with the commissioner as a monitoring well contractor on
5.31forms provided by the commissioner.
5.32(c) A person may do the following work with a limited well/boring contractor's
5.33license in possession. A separate license is required for each of the six activities:
6.1(1) installing or repairing well screens or pitless units or pitless adaptors and well
6.2casings from the pitless adaptor or pitless unit to the upper termination of the well casing;
6.3(2) constructing, repairing, and sealing drive point wells or dug wells;
6.4(3) installing well pumps or pumping equipment;
6.5(4) sealing wells;
6.6(5) constructing, repairing, or sealing dewatering wells; or
6.7(6) constructing, repairing, or sealingvertical bored geothermal heat exchangers.
6.8(d) A person may construct, repair, and seal an elevator boring with an elevator
6.9boring contractor's license.
6.10(e) Notwithstanding other provisions of this chapter requiring a license or
6.11registration, a license or registration is not required for a person who complies with the
6.12other provisions of this chapter if the person is:
6.13(1) an individual who constructs a well on land that is owned or leased by the
6.14individual and is used by the individual for farming or agricultural purposes or as the
6.15individual's place of abode; or
6.16(2) an individual who performs labor or services for a contractor licensed or
6.17registered under the provisions of this chapter in connection with the construction, sealing,
6.18or repair of a well or boring at the direction and under the personal supervision of a
6.19contractor licensed or registered under the provisions of this chapter.
6.20EFFECTIVE DATE.This section is effective July 1, 2012.
6.21 Sec. 10. Minnesota Statutes 2011 Supplement, section 103I.208, subdivision 2, is
6.22amended to read:
6.23 Subd. 2. Permit fee. The permit fee to be paid by a property owner is:
6.24 (1) for a water supply well that is not in use under a maintenance permit, $175
6.25annually;
6.26 (2) for construction of a monitoring well, $235, which includes the state core
6.27function fee;
6.28 (3) for a monitoring well that is unsealed under a maintenance permit, $175 annually;
6.29 (4) for a monitoring well owned by a federal agency, state agency, or local unit of
6.30government that is unsealed under a maintenance permit, $50 annually. "Local unit of
6.31government" means a statutory or home rule charter city, town, county, or soil and water
6.32conservation district, watershed district, an organization formed for the joint exercise of
6.33powers under section471.59 , a board of health or community health board, or other
6.34special purpose district or authority with local jurisdiction in water and related land
6.35resources management;
7.1(5) for monitoring wells used as a leak detection device at a single motor fuel retail
7.2outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural
7.3chemical facility site, the construction permit fee is $235, which includes the state core
7.4function fee, per site regardless of the number of wells constructed on the site, and
7.5the annual fee for a maintenance permit for unsealed monitoring wells is $175 per site
7.6regardless of the number of monitoring wells located on site;
7.7 (6) for a groundwater thermal exchange device, in addition to the notification fee for
7.8water supply wells, $235, which includes the state core function fee;
7.9 (7) for avertical bored geothermal heat exchanger with less than ten tons of
7.10heating/cooling capacity, $235;
7.11(8) for avertical bored geothermal heat exchanger with ten to 50 tons of
7.12heating/cooling capacity, $475;
7.13(9) for avertical bored geothermal heat exchanger with greater than 50 tons of
7.14heating/cooling capacity, $700;
7.15 (10) for a dewatering well that is unsealed under a maintenance permit, $175
7.16annually for each dewatering well, except a dewatering project comprising more than five
7.17dewatering wells shall be issued a single permit for $875 annually for dewatering wells
7.18recorded on the permit; and
7.19 (11) for an elevator boring, $235 for each boring.
7.20EFFECTIVE DATE.This section is effective July 1, 2012.
7.21 Sec. 11. Minnesota Statutes 2010, section 103I.325, subdivision 2, is amended to read:
7.22 Subd. 2. Liability after sealing. (a) The owner of a well or boring is not liable for
7.23contamination of groundwater from the well or boring that occurs after the well or boring
7.24has been sealed by a licensed contractor in compliance with this chapter if a report of
7.25sealing has been filed with the commissioner of health by the contractor who performed
7.26the work, and if the owner has not disturbed or disrupted the sealed well or boring.
7.27(b) The licensed contractor who seals a well or boring in compliance with this
7.28chapter and files a report with the commissioner of health is not liable for contamination of
7.29groundwater from the well or boring that occurs after the well or boring has been sealed.
7.30EFFECTIVE DATE.This section is effective July 1, 2012.
7.31 Sec. 12. [103I.327] SEALED WELLS.
7.32After a well or boring has been sealed in compliance with this chapter and the
7.33licensed contractor who performed the work files a report of the sealing with the
8.1commissioner, the commissioner may not order the contractor to reseal the well or
8.2otherwise perform work on the well.
8.3EFFECTIVE DATE.This section is effective July 1, 2012.
8.4 Sec. 13. Minnesota Statutes 2010, section 103I.501, is amended to read:
8.5103I.501 LICENSING AND REGULATION OF WELLS AND BORINGS.
8.6(a) The commissioner shall regulate and license:
8.7(1) drilling, constructing, and repair of wells;
8.8(2) sealing of wells;
8.9(3) installing of well pumps and pumping equipment;
8.10(4) excavating, drilling, repairing, and sealing of elevator borings;
8.11(5) construction, repair, and sealing of environmental bore holes; and
8.12(6) construction, repair, and sealing ofvertical bored geothermal heat exchangers.
8.13(b) The commissioner shall examine and license well contractors, limited
8.14well/boring contractors, and elevator boring contractors, and examine and register
8.15monitoring well contractors.
8.16(c) The commissioner shall license explorers engaged in exploratory boring and
8.17shall examine persons who supervise or oversee exploratory boring.
8.18EFFECTIVE DATE.This section is effective July 1, 2012.
8.19 Sec. 14. Minnesota Statutes 2010, section 103I.531, subdivision 5, is amended to read:
8.20 Subd. 5. Bond. (a) As a condition of being issued a limited well/boring contractor's
8.21license for constructing, repairing, and sealing drive point wells or dug wells, sealing
8.22wells or borings, constructing, repairing, and sealing dewatering wells, or constructing,
8.23repairing, and sealingvertical bored geothermal heat exchangers, the applicant must
8.24submit a corporate surety bond for $10,000 approved by the commissioner. As a condition
8.25of being issued a limited well/boring contractor's license for installing or repairing well
8.26screens or pitless units or pitless adaptors and well casings from the pitless adaptor
8.27or pitless unit to the upper termination of the well casing, or installing well pumps or
8.28pumping equipment, the applicant must submit a corporate surety bond for $2,000
8.29approved by the commissioner. The bonds required in this paragraph must be conditioned
8.30to pay the state on performance of work in this state that is not in compliance with this
8.31chapter or rules adopted under this chapter. The bonds are in lieu of other license bonds
8.32required by a political subdivision of the state.
9.1(b) From proceeds of a bond required in paragraph (a), the commissioner may
9.2compensate persons injured or suffering financial loss because of a failure of the applicant
9.3to perform work or duties in compliance with this chapter or rules adopted under this
9.4chapter.
9.5EFFECTIVE DATE.This section is effective July 1, 2012.
9.6 Sec. 15. Minnesota Statutes 2010, section 103I.535, subdivision 6, is amended to read:
9.7 Subd. 6. License fee. The fee for an elevatorshaft boring contractor's license is $75.
9.8EFFECTIVE DATE.This section is effective July 1, 2012.
9.9 Sec. 16. Minnesota Statutes 2010, section 103I.641, is amended to read:
9.10103I.641VERTICAL BORED GEOTHERMAL HEAT EXCHANGERS.
9.11 Subdivision 1. Requirements. A person may not drill or construct an excavation
9.12used to install avertical bored geothermal heat exchanger unless the person is a limited
9.13well/boring contractor licensed for constructing, repairing, and sealingvertical bored
9.14geothermal heat exchangers or a well contractor.
9.15 Subd. 2. Regulations forvertical bored geothermal heat exchangers. Vertical
9.16Bored geothermal heat exchangers must be constructed, maintained, and sealed under the
9.17provisions of this chapter.
9.18 Subd. 3. Permit required. (a) Avertical bored geothermal heat exchanger
9.19may not be installed without first obtaining a permit for thevertical bored geothermal
9.20heat exchanger from the commissioner. A limited well/boring contractor licensed for
9.21constructing, repairing, and sealingvertical bored geothermal heat exchangers or a well
9.22contractor must apply for the permit on forms provided by the commissioner and must
9.23pay the permit fee.
9.24(b) As a condition of the permit, the owner of the property where thevertical
9.25bored geothermal heat exchanger is to be installed must agree to allow inspection by the
9.26commissioner during regular working hours of Department of Health inspectors.
9.27EFFECTIVE DATE.This section is effective July 1, 2012.
9.28 Sec. 17. Minnesota Statutes 2010, section 103I.711, subdivision 1, is amended to read:
9.29 Subdivision 1. Impoundment. The commissioner may apply to district court for a
9.30warrant authorizing seizure and impoundment of all drilling machines or hoists owned or
9.31used by a person. The court shall issue an impoundment order upon the commissioner's
10.1showing that a person is constructing, repairing, or sealing wells or borings or installing
10.2pumps or pumping equipmentor excavating holes for installing elevator shafts without a
10.3license or registration as required under this chapter. A sheriff on receipt of the warrant
10.4must seize and impound all drilling machines and hoists owned or used by the person. A
10.5person from whom equipment is seized under this subdivision may file an action in district
10.6court for the purpose of establishing that the equipment was wrongfully seized.
10.7EFFECTIVE DATE.This section is effective July 1, 2012.
10.8 Sec. 18. Minnesota Statutes 2010, section 103I.715, subdivision 2, is amended to read:
10.9 Subd. 2. Gross misdemeanors. A person is guilty of a gross misdemeanor who:
10.10(1) willfully violates a provision of this chapter or order of the commissioner;
10.11(2) engages in the business of drilling or making wells or borings, sealing wells
10.12or borings, or installing pumps or pumping equipment, or constructing elevator shafts
10.13without a license required by this chapter; or
10.14(3) engages in the business of exploratory boring without an exploratory borer's
10.15license under this chapter.
10.16EFFECTIVE DATE.This section is effective July 1, 2012.
1.3exchangers;amending Minnesota Statutes 2010, sections 103I.005, subdivisions
1.42, 8, 12, by adding a subdivision; 103I.101, subdivisions 2, 5; 103I.105;
1.5103I.111, subdivision 8; 103I.205, subdivision 4; 103I.325, subdivision 2;
1.6103I.501; 103I.531, subdivision 5; 103I.535, subdivision 6; 103I.641; 103I.711,
1.7subdivision 1; 103I.715, subdivision 2; Minnesota Statutes 2011 Supplement,
1.8section 103I.208, subdivision 2; proposing coding for new law in Minnesota
1.9Statutes, chapter 103I.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 103I.005, is amended by adding a
1.12subdivision to read:
1.13 Subd. 1a. Bored geothermal heat exchanger. "Bored geothermal heat exchanger"
1.14means an earth-coupled heating or cooling device consisting of a sealed closed-loop
1.15piping system installed in a boring in the ground to transfer heat to or from the surrounding
1.16earth with no discharge.
1.17EFFECTIVE DATE.This section is effective July 1, 2012.
1.18 Sec. 2. Minnesota Statutes 2010, section 103I.005, subdivision 2, is amended to read:
1.19 Subd. 2. Boring. "Boring" means a hole or excavation that is not used to extract
1.20water and includes exploratory borings, environmental bore holes,
1.21geothermal heat exchangers, and elevator
1.22EFFECTIVE DATE.This section is effective July 1, 2012.
1.23 Sec. 3. Minnesota Statutes 2010, section 103I.005, subdivision 8, is amended to read:
2.1 Subd. 8. Environmental bore hole. "Environmental bore hole" means a hole or
2.2excavation in the ground that penetrates a confining layer or is greater than 25 feet in
2.3depth and enters or goes through a water bearing layer and is used to monitor or measure
2.4physical, chemical, radiological, or biological parameters without extracting water. An
2.5environmental bore hole also includes bore holes constructed for vapor recovery or
2.6venting systems. An environmental bore hole does not include a well, elevator
2.7boring, exploratory boring, or monitoring well.
2.8EFFECTIVE DATE.This section is effective July 1, 2012.
2.9 Sec. 4. Minnesota Statutes 2010, section 103I.005, subdivision 12, is amended to read:
2.10 Subd. 12. Limited well/boring contractor. "Limited well/boring contractor" means
2.11a person with a limited well/boring contractor's license issued by the commissioner.
2.12Limited well/boring contractor's licenses are issued for constructing, repairing, and sealing
2.13
2.14units and pitless adaptors, well casings above the pitless unit or pitless adaptor, well
2.15screens, or well diameters; constructing, repairing, and sealing drive point wells or dug
2.16wells; constructing, repairing, and sealing dewatering wells; sealing wells; and installing
2.17well pumps or pumping equipment.
2.18EFFECTIVE DATE.This section is effective July 1, 2012.
2.19 Sec. 5. Minnesota Statutes 2010, section 103I.101, subdivision 2, is amended to read:
2.20 Subd. 2. Duties. The commissioner shall:
2.21(1) regulate the drilling, construction, modification, repair, and sealing of wells
2.22and borings;
2.23(2) examine and license well contractors; persons constructing, repairing, and
2.24sealing
2.25casings, well screens, or well diameters; persons constructing, repairing, and sealing drive
2.26point wells or dug wells; persons constructing, repairing, and sealing dewatering wells;
2.27persons sealing wells; persons installing well pumps or pumping equipment; and persons
2.28
2.29elevator borings
2.30(3) register and examine monitoring well contractors;
2.31(4) license explorers engaged in exploratory boring and examine individuals who
2.32supervise or oversee exploratory boring;
3.1(5) after consultation with the commissioner of natural resources and the Pollution
3.2Control Agency, establish standards for the design, location, construction, repair, and
3.3sealing of wells and borings within the state; and
3.4(6) issue permits for wells, groundwater thermal devices,
3.5heat exchangers, and elevator borings.
3.6 Sec. 6. Minnesota Statutes 2010, section 103I.101, subdivision 5, is amended to read:
3.7 Subd. 5. Commissioner to adopt rules. The commissioner shall adopt rules
3.8including:
3.9(1) issuance of licenses for:
3.10(i) qualified well contractors, persons modifying or repairing well casings, well
3.11screens, or well diameters;
3.12(ii) persons constructing, repairing, and sealing drive point wells or dug wells;
3.13(iii) persons constructing, repairing, and sealing dewatering wells;
3.14(iv) persons sealing wells;
3.15(v) persons installing well pumps or pumping equipment;
3.16(vi) persons constructing, repairing, and sealing
3.17exchangers; and
3.18(vii) persons constructing, repairing, and sealing elevator borings;
3.19(2) issuance of registration for monitoring well contractors;
3.20(3) establishment of conditions for examination and review of applications for
3.21license and registration;
3.22(4) establishment of conditions for revocation and suspension of license and
3.23registration;
3.24(5) establishment of minimum standards for design, location, construction, repair,
3.25and sealing of wells and borings to implement the purpose and intent of this chapter;
3.26(6) establishment of a system for reporting on wells and borings drilled and sealed;
3.27(7) establishment of standards for the construction, maintenance, sealing, and water
3.28quality monitoring of wells in areas of known or suspected contamination;
3.29(8) establishment of wellhead protection measures for wells serving public water
3.30supplies;
3.31(9) establishment of procedures to coordinate collection of well and boring data with
3.32other state and local governmental agencies;
3.33(10) establishment of criteria and procedures for submission of well and boring logs,
3.34formation samples or well or boring cuttings, water samples, or other special information
3.35required for and water resource mapping; and
4.1(11) establishment of minimum standards for design, location, construction,
4.2maintenance, repair, sealing, safety, and resource conservation related to borings,
4.3including exploratory borings as defined in section
4.4EFFECTIVE DATE.This section is effective July 1, 2012.
4.5 Sec. 7. Minnesota Statutes 2010, section 103I.105, is amended to read:
4.6103I.105 ADVISORY COUNCIL ON WELLS AND BORINGS.
4.7(a) The Advisory Council on Wells and Borings is established as an advisory council
4.8to the commissioner. The advisory council shall consist of 18 voting members. Of the
4.918 voting members:
4.10(1) one member must be from the Department of Health, appointed by the
4.11commissioner of health;
4.12(2) one member must be from the Department of Natural Resources, appointed
4.13by the commissioner of natural resources;
4.14(3) one member must be a member of the Minnesota Geological Survey of the
4.15University of Minnesota, appointed by the director;
4.16(4) one member must be a responsible individual for a licensed explorer;
4.17(5) one member must be a certified representative of a licensed elevator boring
4.18contractor;
4.19(6) two members must be members of the public who are not connected with the
4.20boring or well drilling industry;
4.21(7) one member must be from the Pollution Control Agency, appointed by the
4.22commissioner of the Pollution Control Agency;
4.23(8) one member must be from the Department of Transportation, appointed by the
4.24commissioner of transportation;
4.25(9) one member must be from the Board of Water and Soil Resources appointed by
4.26its chair;
4.27(10) one member must be a certified representative of a monitoring well contractor;
4.28(11) six members must be residents of this state appointed by the commissioner, who
4.29are certified representatives of licensed well contractors, with not more than two from
4.30the seven-county metropolitan area and at least four from other areas of the state who
4.31represent different geographical regions; and
4.32(12) one member must be a certified representative of a licensed
4.33geothermal heat exchanger contractor.
5.1(b) An appointee of the well drilling industry may not serve more than two
5.2consecutive terms.
5.3(c) The appointees to the advisory council from the well drilling industry must:
5.4(1) have been residents of this state for at least three years before appointment; and
5.5(2) have at least five years' experience in the well drilling business.
5.6(d) The terms of the appointed members and the compensation and removal of all
5.7members are governed by section
5.8expiration of the advisory council does not apply.
5.9EFFECTIVE DATE.This section is effective July 1, 2012.
5.10 Sec. 8. Minnesota Statutes 2010, section 103I.111, subdivision 8, is amended to read:
5.11 Subd. 8. Municipal regulation of drilling. A municipality may regulate all drilling,
5.12except well, elevator
5.13of this chapter, above, in, through, and adjacent to subsurface areas designated for mined
5.14underground space development and existing mined underground space. The regulations
5.15may prohibit, restrict, control, and require permits for the drilling.
5.16EFFECTIVE DATE.This section is effective July 1, 2012.
5.17 Sec. 9. Minnesota Statutes 2010, section 103I.205, subdivision 4, is amended to read:
5.18 Subd. 4. License required. (a) Except as provided in paragraph (b), (c), (d), or (e),
5.19section
5.20drill, construct, repair, or seal a well or boring unless the person has a well contractor's
5.21license in possession.
5.22(b) A person may construct, repair, and seal a monitoring well if the person:
5.23(1) is a professional engineer licensed under sections
5.24branches of civil or geological engineering;
5.25(2) is a hydrologist or hydrogeologist certified by the American Institute of
5.26Hydrology;
5.27(3) is a professional geoscientist licensed under sections
5.28(4) is a geologist certified by the American Institute of Professional Geologists; or
5.29(5) meets the qualifications established by the commissioner in rule.
5.30A person must register with the commissioner as a monitoring well contractor on
5.31forms provided by the commissioner.
5.32(c) A person may do the following work with a limited well/boring contractor's
5.33license in possession. A separate license is required for each of the six activities:
6.1(1) installing or repairing well screens or pitless units or pitless adaptors and well
6.2casings from the pitless adaptor or pitless unit to the upper termination of the well casing;
6.3(2) constructing, repairing, and sealing drive point wells or dug wells;
6.4(3) installing well pumps or pumping equipment;
6.5(4) sealing wells;
6.6(5) constructing, repairing, or sealing dewatering wells; or
6.7(6) constructing, repairing, or sealing
6.8(d) A person may construct, repair, and seal an elevator boring with an elevator
6.9boring contractor's license.
6.10(e) Notwithstanding other provisions of this chapter requiring a license or
6.11registration, a license or registration is not required for a person who complies with the
6.12other provisions of this chapter if the person is:
6.13(1) an individual who constructs a well on land that is owned or leased by the
6.14individual and is used by the individual for farming or agricultural purposes or as the
6.15individual's place of abode; or
6.16(2) an individual who performs labor or services for a contractor licensed or
6.17registered under the provisions of this chapter in connection with the construction, sealing,
6.18or repair of a well or boring at the direction and under the personal supervision of a
6.19contractor licensed or registered under the provisions of this chapter.
6.20EFFECTIVE DATE.This section is effective July 1, 2012.
6.21 Sec. 10. Minnesota Statutes 2011 Supplement, section 103I.208, subdivision 2, is
6.22amended to read:
6.23 Subd. 2. Permit fee. The permit fee to be paid by a property owner is:
6.24 (1) for a water supply well that is not in use under a maintenance permit, $175
6.25annually;
6.26 (2) for construction of a monitoring well, $235, which includes the state core
6.27function fee;
6.28 (3) for a monitoring well that is unsealed under a maintenance permit, $175 annually;
6.29 (4) for a monitoring well owned by a federal agency, state agency, or local unit of
6.30government that is unsealed under a maintenance permit, $50 annually. "Local unit of
6.31government" means a statutory or home rule charter city, town, county, or soil and water
6.32conservation district, watershed district, an organization formed for the joint exercise of
6.33powers under section
6.34special purpose district or authority with local jurisdiction in water and related land
6.35resources management;
7.1(5) for monitoring wells used as a leak detection device at a single motor fuel retail
7.2outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural
7.3chemical facility site, the construction permit fee is $235, which includes the state core
7.4function fee, per site regardless of the number of wells constructed on the site, and
7.5the annual fee for a maintenance permit for unsealed monitoring wells is $175 per site
7.6regardless of the number of monitoring wells located on site;
7.7 (6) for a groundwater thermal exchange device, in addition to the notification fee for
7.8water supply wells, $235, which includes the state core function fee;
7.9 (7) for a
7.10heating/cooling capacity, $235;
7.11(8) for a
7.12heating/cooling capacity, $475;
7.13(9) for a
7.14heating/cooling capacity, $700;
7.15 (10) for a dewatering well that is unsealed under a maintenance permit, $175
7.16annually for each dewatering well, except a dewatering project comprising more than five
7.17dewatering wells shall be issued a single permit for $875 annually for dewatering wells
7.18recorded on the permit; and
7.19 (11) for an elevator boring, $235 for each boring.
7.20EFFECTIVE DATE.This section is effective July 1, 2012.
7.21 Sec. 11. Minnesota Statutes 2010, section 103I.325, subdivision 2, is amended to read:
7.22 Subd. 2. Liability after sealing. (a) The owner of a well or boring is not liable for
7.23contamination of groundwater from the well or boring that occurs after the well or boring
7.24has been sealed by a licensed contractor in compliance with this chapter if a report of
7.25sealing has been filed with the commissioner of health by the contractor who performed
7.26the work, and if the owner has not disturbed or disrupted the sealed well or boring.
7.27(b) The licensed contractor who seals a well or boring in compliance with this
7.28chapter and files a report with the commissioner of health is not liable for contamination of
7.29groundwater from the well or boring that occurs after the well or boring has been sealed.
7.30EFFECTIVE DATE.This section is effective July 1, 2012.
7.31 Sec. 12. [103I.327] SEALED WELLS.
7.32After a well or boring has been sealed in compliance with this chapter and the
7.33licensed contractor who performed the work files a report of the sealing with the
8.1commissioner, the commissioner may not order the contractor to reseal the well or
8.2otherwise perform work on the well.
8.3EFFECTIVE DATE.This section is effective July 1, 2012.
8.4 Sec. 13. Minnesota Statutes 2010, section 103I.501, is amended to read:
8.5103I.501 LICENSING AND REGULATION OF WELLS AND BORINGS.
8.6(a) The commissioner shall regulate and license:
8.7(1) drilling, constructing, and repair of wells;
8.8(2) sealing of wells;
8.9(3) installing of well pumps and pumping equipment;
8.10(4) excavating, drilling, repairing, and sealing of elevator borings;
8.11(5) construction, repair, and sealing of environmental bore holes; and
8.12(6) construction, repair, and sealing of
8.13(b) The commissioner shall examine and license well contractors, limited
8.14well/boring contractors, and elevator boring contractors, and examine and register
8.15monitoring well contractors.
8.16(c) The commissioner shall license explorers engaged in exploratory boring and
8.17shall examine persons who supervise or oversee exploratory boring.
8.18EFFECTIVE DATE.This section is effective July 1, 2012.
8.19 Sec. 14. Minnesota Statutes 2010, section 103I.531, subdivision 5, is amended to read:
8.20 Subd. 5. Bond. (a) As a condition of being issued a limited well/boring contractor's
8.21license for constructing, repairing, and sealing drive point wells or dug wells, sealing
8.22wells or borings, constructing, repairing, and sealing dewatering wells, or constructing,
8.23repairing, and sealing
8.24submit a corporate surety bond for $10,000 approved by the commissioner. As a condition
8.25of being issued a limited well/boring contractor's license for installing or repairing well
8.26screens or pitless units or pitless adaptors and well casings from the pitless adaptor
8.27or pitless unit to the upper termination of the well casing, or installing well pumps or
8.28pumping equipment, the applicant must submit a corporate surety bond for $2,000
8.29approved by the commissioner. The bonds required in this paragraph must be conditioned
8.30to pay the state on performance of work in this state that is not in compliance with this
8.31chapter or rules adopted under this chapter. The bonds are in lieu of other license bonds
8.32required by a political subdivision of the state.
9.1(b) From proceeds of a bond required in paragraph (a), the commissioner may
9.2compensate persons injured or suffering financial loss because of a failure of the applicant
9.3to perform work or duties in compliance with this chapter or rules adopted under this
9.4chapter.
9.5EFFECTIVE DATE.This section is effective July 1, 2012.
9.6 Sec. 15. Minnesota Statutes 2010, section 103I.535, subdivision 6, is amended to read:
9.7 Subd. 6. License fee. The fee for an elevator
9.8EFFECTIVE DATE.This section is effective July 1, 2012.
9.9 Sec. 16. Minnesota Statutes 2010, section 103I.641, is amended to read:
9.10103I.641
9.11 Subdivision 1. Requirements. A person may not drill or construct an excavation
9.12used to install a
9.13well/boring contractor licensed for constructing, repairing, and sealing
9.14geothermal heat exchangers or a well contractor.
9.15 Subd. 2. Regulations for
9.16Bored geothermal heat exchangers must be constructed, maintained, and sealed under the
9.17provisions of this chapter.
9.18 Subd. 3. Permit required. (a) A
9.19may not be installed without first obtaining a permit for the
9.20heat exchanger from the commissioner. A limited well/boring contractor licensed for
9.21constructing, repairing, and sealing
9.22contractor must apply for the permit on forms provided by the commissioner and must
9.23pay the permit fee.
9.24(b) As a condition of the permit, the owner of the property where the
9.25bored geothermal heat exchanger is to be installed must agree to allow inspection by the
9.26commissioner during regular working hours of Department of Health inspectors.
9.27EFFECTIVE DATE.This section is effective July 1, 2012.
9.28 Sec. 17. Minnesota Statutes 2010, section 103I.711, subdivision 1, is amended to read:
9.29 Subdivision 1. Impoundment. The commissioner may apply to district court for a
9.30warrant authorizing seizure and impoundment of all drilling machines or hoists owned or
9.31used by a person. The court shall issue an impoundment order upon the commissioner's
10.1showing that a person is constructing, repairing, or sealing wells or borings or installing
10.2pumps or pumping equipment
10.3license or registration as required under this chapter. A sheriff on receipt of the warrant
10.4must seize and impound all drilling machines and hoists owned or used by the person. A
10.5person from whom equipment is seized under this subdivision may file an action in district
10.6court for the purpose of establishing that the equipment was wrongfully seized.
10.7EFFECTIVE DATE.This section is effective July 1, 2012.
10.8 Sec. 18. Minnesota Statutes 2010, section 103I.715, subdivision 2, is amended to read:
10.9 Subd. 2. Gross misdemeanors. A person is guilty of a gross misdemeanor who:
10.10(1) willfully violates a provision of this chapter or order of the commissioner;
10.11(2) engages in the business of drilling or making wells or borings, sealing wells
10.12or borings, or installing pumps or pumping equipment
10.13without a license required by this chapter; or
10.14(3) engages in the business of exploratory boring without an exploratory borer's
10.15license under this chapter.
10.16EFFECTIVE DATE.This section is effective July 1, 2012.
