LRBs0299/2
RNK:wlj&cjs:jf
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2011 ASSEMBLY BILL 201
March 2, 2012 - Offered by Representative A. Ott.
AB201-ASA2,2,2
1An Act to renumber 280.15 (2m) (f) 1. and 2.;
to renumber and amend 280.01
2(2m), 280.13 (6), 280.15 (2m) (b), 280.15 (2m) (f) (intro.) (except 280.15 (2m) (f)
3(title)) and 280.15 (3g) (b);
to amend 59.70 (1), 59.70 (6) (title), 59.70 (6) (b),
4280.01 (8), 280.13 (1) (intro.), 280.13 (1) (a), 280.13 (1) (e), 280.13 (2) (intro.),
5280.13 (2) (d), 280.15 (title), 280.15 (1) (a) (intro.), 280.15 (1) (a) 1., 280.15 (1)
6(a) 2., 280.15 (1) (a) 3., 280.15 (1) (am), 280.15 (1) (b), 280.15 (1) (c), 280.15 (1)
7(d) 1., 280.15 (1) (d) 3., 280.15 (2m) (title), 280.15 (2m) (a), 280.15 (2m) (c) 1.,
8280.15 (2m) (f) (title), 280.15 (2m) (g) 1., 280.15 (2m) (g) 2., 280.15 (3r) (a),
9280.15 (4), 280.30 (title), 280.30 (2) (a), 280.30 (2) (b), 280.30 (3) (a), 280.98 (2),
10443.14 (12m) and 470.025 (9);
to repeal and recreate chapter 280 (title) and
11280.30 (2) (title); and
to create 280.01 (2b), 280.01 (2c), 280.13 (1) (cm), 280.13
12(6) (b), 280.15 (2m) (am), 280.15 (2m) (f) 2m. and 280.30 (2m) of the statutes;
1relating to: regulation of persons engaged in drilling wells and heat exchange
2drillholes and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB201-ASA2,2,114
59.70
(1) Building and sanitary codes. The board may enact building and
5sanitary codes, make necessary rules and regulations in relation thereto and provide
6for enforcement of the codes, rules and regulations by forfeiture or otherwise. The
7codes, rules and regulations do not apply within municipalities which have enacted
8ordinances or codes concerning the same subject matter. "Sanitary code" does not
9include a private sewage system ordinance enacted under sub. (5). "Building and
10sanitary codes" does not include well
code or heat exchange drillhole ordinances
11enacted under sub. (6).
AB201-ASA2, s. 2
12Section
2. 59.70 (6) (title) of the statutes is amended to read:
AB201-ASA2,2,1313
59.70
(6) (title)
Optional well code and heat exchange drillhole ordinances.
AB201-ASA2,3,315
59.70
(6) (b)
Permits. If authorized by the department under s. 280.21 (1), a
16county may enact and enforce a well construction
, heat exchange drillhole
17construction, or pump installation ordinance or both. Provisions of the ordinance
18shall be in strict conformity with ch. 280 and with rules of the department under ch.
19280. The ordinance may require that a permit be obtained before construction,
20installation, reconstruction or rehabilitation of a private well or installation or
21substantial modification of a pump on a private well, other than replacement of a
22pump with a substantially similar pump. The county may establish a schedule of fees
23for issuance of the permits and for related inspections. The department, under s.
1280.21 (4), may revoke the authority of a county to enforce its ordinance if the
2department finds that the ordinance or enforcement of the ordinance does not
3conform to ch. 280 and rules of the department under ch. 280.
AB201-ASA2, s. 4
4Section
4. Chapter 280 (title) of the statutes is repealed and recreated to read:
AB201-ASA2,3,76
Well drilling,
HEAT EXCHANGE drilling,
7
and pump installing
AB201-ASA2,3,129
280.01
(2b) "Heat exchange drillhole" means an excavation or opening in the
10ground that is deeper than it is wide, that extends more than 25 feet below the ground
11surface, and that is made for the purpose of installing a geothermal closed-loop heat
12exchange system.
AB201-ASA2,3,1514
280.01
(2c) "Heat exchange drilling" means the industry and procedure
15employed in making heat exchange drillholes.
AB201-ASA2, s. 7
16Section
7. 280.01 (2m) of the statutes is renumbered 280.01 (2d) and amended
17to read:
AB201-ASA2,3,2018
280.01
(2d) "Licensed
well driller" means any individual who has paid the
19annual license fee under s. 280.15 (2m) (c) 1. and obtained a license under s. 280.15
20(2m) as a
well driller.
AB201-ASA2,4,222
280.01
(8) "Well drilling" means the industry and procedure employed in
23obtaining groundwater from a well by digging, boring, drilling, driving or other
24methods but not including the driving of points
for the purpose of obtaining ground
1water. It shall also include all construction work and installation of well casings in
2said well involved therein for the protection of such well water against pollution.
AB201-ASA2, s. 9
3Section
9. 280.13 (1) (intro.) of the statutes is amended to read:
AB201-ASA2,4,64
280.13
(1) (intro.) The department may exercise such powers
, and may
5promulgate such rules, as are reasonably necessary to carry out and enforce the
6provisions of this chapter. It may, among other things:
AB201-ASA2,4,128
280.13
(1) (a) Employ a competent supervisor to supervise and inspect all well
9drilling
, heat exchange drilling, and pump installing operations and aid in the
10enforcement of all laws and rules governing the well drilling
, heat exchange drilling, 11and pump installing industries. The department may also employ assistants,
12prescribe their respective qualifications and salaries and assign their duties.
AB201-ASA2,4,1814
280.13
(1) (cm) Enter and inspect at reasonable hours heat exchange drillholes
15and equipment relating to the construction of heat exchange drillholes on private or
16public property and order necessary corrections and repairs relating to that
17construction or may order discontinuances of any heat exchange drillhole and its use
18if found contaminated or polluted.
AB201-ASA2,4,2320
280.13
(1) (e) Prepare and cause to be printed any codes, bulletins or other
21documents that the department determines are necessary for the safety of the public
22health and the betterment of the industries, and furnish copies of those documents
23to licensed
well drillers, licensed pump installers and to the public upon request.
AB201-ASA2, s. 13
24Section
13. 280.13 (2) (intro.) of the statutes is amended to read:
AB201-ASA2,5,7
1280.13
(2) (intro.) The department may on its own motion make investigations
2and conduct hearings and may, on its own motion or upon complaint in writing, duly
3signed and verified by the complainant, and upon not less than 10 days' notice to the
4licensed
well or registered driller or licensed
or registered pump installer, suspend
5or revoke as provided in subs. (3) and (4) any
well driller's or pump installer's license
6or registration if the department has reason to believe or finds that the holder of the
7license
or registration has done any of the following:
AB201-ASA2,5,119
280.13
(2) (d) Been found guilty in any civil or criminal proceeding of any action
10constituting fraud in connection with the
well driller's or pump installer's well
11drilling
or, heat exchange drilling, or pump installing operations.
AB201-ASA2, s. 15
12Section
15. 280.13 (6) of the statutes is renumbered 280.13 (6) (a) and
13amended to read:
AB201-ASA2,5,2014
280.13
(6) (a) No individual whose
driller license has been revoked under this
15section may, during the period in which the revocation is effective, engage in any
well 16drilling
or pump installing activity
for which the license was issued except under the
17direct supervision of
a licensed well driller or licensed pump installer an individual
18holding a license to conduct that activity and as an employee of a licensed
well driller
,
19a licensed pump installer, or a registered
well drilling business
, or a registered pump
20installing business.
AB201-ASA2,6,222
280.13
(6) (b) No individual whose pump installer's license has been revoked
23under this section may, during the period in which the revocation is effective, engage
24in any pump installing activity except under the direct supervision of an inldividual
1holding a pump installer's license and as an employee of a licensed pump installer
2or registered pump installing business.
AB201-ASA2,6,5
4280.15 (title)
Well drilling
Drilling and pump installing; registration;
5licensing; qualifications; fee.
AB201-ASA2, s. 18
6Section
18. 280.15 (1) (a) (intro.) of the statutes is amended to read:
AB201-ASA2,6,127
280.15
(1) (a)
Registration requirement. (intro.) No person may engage in the
8business of well drilling or
pump installing heat exchange drilling in this state unless
9the person obtains registration under this paragraph as a
well drilling business
or,
10and no person may engage in the business of pump installing in this state unless the
11person obtains registration under this paragraph as a pump installing business,
12except as follows:
AB201-ASA2, s. 19
13Section
19. 280.15 (1) (a) 1. of the statutes is amended to read:
AB201-ASA2,6,1514
280.15
(1) (a) 1. An individual who is a licensed
well driller or a licensed pump
15installer is not required to obtain registration.
AB201-ASA2, s. 20
16Section
20. 280.15 (1) (a) 2. of the statutes is amended to read:
AB201-ASA2,6,1917
280.15
(1) (a) 2. An individual who is employed by
or works under contract with 18a licensed
well driller or a licensed pump installer is not required to obtain
19registration.
AB201-ASA2, s. 21
20Section
21. 280.15 (1) (a) 3. of the statutes is amended to read:
AB201-ASA2,6,2321
280.15
(1) (a) 3. An individual who is employed by
or works under contract with 22a person who is registered under this paragraph is not required to obtain
23registration.
