Assigned to NRRA                                                                                              FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-eighth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1352

well drillers; continuing education

Purpose

            Establishes continuing education requirements for renewal of a well drilling license.  In addition, the bill establishes the Well Drillers Continuing Education Advisory Committee (Committee).

Background

            A person who intends to drill one or more wells is required to apply to the Arizona Department of Water Resources (ADWR) for a well driller’s license.  ADWR rules state that an applicant must have three years experience in well drilling, pass three exams: a) a state regulations exam; b) a general drilling exam and a trade exam based on the type of rig used for drilling; and c) pay an initial fee of $50 before the Director of ADWR (Director) is required issue a non-transferable well drillers license.

            A well drilling license expires on June 30 each year unless it is renewed through application and a fee of $10.  If the application and renewal fee are postmarked on or before June 30, the well drilling contractor may operate as a licensee until the renewal license is issued.  A license which has expired may be reactivated and renewed within one year of its expiration by filing the required application and $20.  If a license has been expired for one or more years for failure to renew, the well drilling contractor must apply for a new license and repeat the required examinations.

            There is no fiscal impact to the state General Fund as a result of this legislation, and ADWR estimates that the program will fit into the current operating capacity.

Provisions

1. Requires a state licensed well driller to complete and present evidence of four credit hours of continuing education, approved by the Director, earned during the immediately preceding year in order to receive a renewal of the well-drilling license.

2. States that, as approved by the Director, the continuing education requirements may be satisfied by:

a) completion of an educational program.

b) participation other than as a student in educational processes and programs that relate to regulated industry or technological advances in well drilling.

c) instructing other licensees in a continuing education course.  An instructor will receive three credit hours for each hour of instruction, but not more than four credits can be earned for instruction in one year.

3. Requires the Director to ensure that a person renewing a license for well drilling follows practices and techniques that provide a high degree of competency and protection for the public by adopting rules, including:

a) policies and procedures for obtaining approval of courses and seminars.

b) standards, policies and procedures to be used by the Director in evaluating an applicant’s claim for course equivalency credit.

c) standards, monitoring methods and systems for recording attendance to be used by course sponsors as a prerequisite to approval of courses for credit.

d) requiring licensed well drillers to complete an ADWR sponsored review course covering administrative rules for well drillers at least once every three years.

4. Requires the Director to give consideration to courses of instruction, seminars or other appropriate well drilling educational courses or programs developed and recommended by the Committee when adopting the rules.

5. Lists the topics for courses and seminars that must be included in the continuing education requirements.

6. Allows the Director to determine the number of credit hours to be earned in any one course, but stipulates that not more than three credit hours can be earned in any one course or seminar and that all four credit hours cannot be earned in the same topic.

7. Establishes the Committee, which consists of the Director or his designee and six people appointed by the Director: a representative of a supplier or manufacturer of well drilling equipment, a technical advisor in the field of well drilling and four licensed well drillers.

8. Stipulates that Committee members serve staggered two-year terms and are not eligible for compensation or reimbursement for expenses.

9. Allows the Director to waive all or a portion of the continuing education requirements for good cause shown by an applicant for license renewal.

10. Contains a purpose statement.

11. Applies continuing education requirements to persons who seek to renew their well drilling licenses on or after July 1, 2008.

12. Allows the Director, from the general effective date through June 30, 2008, to approve courses and seminars that are intended to meet the requirements of this act even if those courses are not in compliance with rules subsequently adopted by the Director.

13. Requires the Director to approve sufficient courses and seminars to allow licensees to comply with requirements in fiscal year 2007-2008.

14. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Makes technical changes.

Senate Action

NRRA             2/7/07     DPA    7-0-0-0

Prepared by Senate Research

February 9, 2007

MG/JO/ac