What's happening
This bill updates and expands regulations for water well contractors in New York, including stricter registration, reporting, maintenance, and decommissioning requirements.
Why it matters
Broader and clearer definitions mean more activities and businesses will now fall under regulation. the bill expands what counts as “water well contracting,” including installation, repair, advertising, and supervision, not just drilling. This could affect more contractors and projects, increasing compliance costs and oversight.
Higher professional standards and accountability are established for contractors. contractors must pass specific national or state-approved exams tailored to the type of well work they perform, display registration info on equipment, and maintain continuing education. This likely raises the bar for quality and public safety, but could limit who is eligible to work in the field.
Stricter maintenance and decommissioning requirements for well owners and contractors. well owners now have explicit legal duties to maintain wells in good order or properly decommission them. Contractors must follow detailed procedures for closing wells, file reports, and ensure environmental protection, reducing groundwater contamination risks and liability for neglect.
Expanded enforcement and penalties increase the risks and costs of non-compliance. violations can result in larger daily fines, certificate revocation, and civil penalties, with each day of violation treated as a separate offense. This gives regulators stronger tools to ensure adherence, which could deter negligent or unqualified operators but also impose heavy burdens for mistakes or oversights.
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Who cares
Water well and geothermal contractors
The bill would broaden regulated contracting activities, establish a $300 two-year registration fee, require activity-specific exams or qualified on-site supervision, and mandate continuing education regulations.
Water well owners
The bill would require owners to maintain secure, properly capped wells and decommission wells declared health, safety or environmental hazards within 90 days of written notice.
Department of Environmental Conservation
The bill would expand the department’s registration, reporting and enforcement responsibilities and require its written approval before specified well work in Nassau, Suffolk, Kings and Queens counties.
Public water suppliers and once-through heating and cooling system users
The bill would prohibit supplying or using public water for once-through heat exchange systems beginning January 1, 2022.
Headline styles
Toughen Well Contractor Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to rules
Full text
8 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6349
2019-2020 Regular Sessions
IN SENATE
June 6, 2019
Introduced by Sen. KAMINSKY -- (at request of the Department of Environmental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to the regulation of water well contractors
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 15-1501 of the environmental conservation law is amended by adding a new subdivision 10 to read as follows:
10. Beginning January first, two thousand twenty-two, no person shall use water from a public water supply system in or as part of a oncethrough heat exchange cooling or heating system or supply water from a public water supply system to another person for use in or as part of such a once-through system.
§ 2. Subdivisions 3, 4, and 5 of section 15-1502 of the environmental conservation law, subdivisions 3 and 5 as amended by section 1 of part F of chapter 59 of the laws of 2006 and subdivision 4 as added by chapter 395 of the laws of 1999, are amended and five new subdivisions 17, 18, 19, 20, and 21 are added to read as follows:
3. "Water well" or "well" shall mean any [groundwater] excavation for the purpose of obtaining [water] or withdrawing groundwater or accessing groundwater, including a geothermal well as defined in subdivision twenty of this section.
4. "Water well [drilling] contracting" or "water well [drilling] contracting activities" shall mean:
a. the construction [and], reconstruction, deepening, or decommissioning of a water [wells,] well;
b. the installation, replacement, maintenance, or repair of a water well pump that requires the opening of the well casing;
c. the establishment or repair of a connection through the well casing [and the repair of water wells including repairs which require];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09096-06-9
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d. any other activity that requires the opening of the well casing, with the exception of activities consisting solely and exclusively of a water level or water well depth measurement conducted by the owner or operator of a public water supply well and activities, other than those described in paragraph a of this subdivision, conducted at remediation sites otherwise regulated by state or federal court order or agency agreement or order;
e. the on-site supervision of any of the activities set forth in paragraphs a, b, c and d of this subdivision; or
f. the distribution to anyone or placement before the public of any of the following, by any means, in furtherance of any of the activities set forth in paragraphs a, b, c, and d of this subdivision: (i) an offer of services for sale; (ii) an advertisement or marketing material; (iii) an internet website; or (iv) a social media presence or other internet presence.
5. "Water well [driller] contractor" shall mean a person who, for compensation, employment or as part of property development and sale, engages in water well [drilling] contracting activities; provided, however, that, for the purposes of this subdivision, the term "person" shall not include a public corporation, political subdivision, government agency, department, or bureau of the state or a municipality.
17. "Flowing artesian well" shall mean a water well in which the pressure in the aquifer is sufficient to continuously or intermittently force water out of the well such that water discharges at the ground surface by over-topping or flowing beyond the well casing without use of a pump.
18. "Dewatering well" shall mean a water well installed to locally control groundwater levels.
19. "Water well decommissioning" or the "decommissioning of a water well" shall mean the permanent closure of a water well so that it is not capable of obtaining or withdrawing groundwater or accessing groundwater for heat transfer purposes.
20. "Geothermal well" shall mean any excavation for obtaining, withdrawing, or accessing groundwater for heat transfer purposes.
21. "Water well emergency" shall mean a situation in which an in-service potable water well is no longer capable of producing an adequate quantity of potable water.
§ 3. Section 15-1525 of the environmental conservation law, the section heading and subdivision 1 as amended and subdivision 6 as added by chapter 395 of the laws of 1999, and subdivisions 3 and 5 as amended by section 2 of part F of chapter 59 of the laws of 2006, is amended to read as follows: § 15-1525. Water well [drillers] contractors in New York state to obtain
certificates of registration[.]; required notices and
reports.
1. No person shall engage in [the business of] water well [drilling] contracting in the state of New York without first obtaining or being listed on a certificate of registration from the department as hereinafter provided unless supervised pursuant to paragraph a of subdivision five of this section. All water well [drilling] contracting shall be performed in accordance with the rules and regulations promulgated by the commissioner of health pursuant to subdivision eighteen of section two hundred six of the public health law and such standards as may be established by the department, and provided further that the construction of a geothermal well shall be in accordance with best practices applicable to the geothermal well industry. Pursuant to article
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thirty-six-A of the general business law, water well contracting activities shall only be performed in accordance with a contract between a water well contractor and customer, evidenced by a writing signed by all parties to the contract.
2. Application for a certificate of registration shall be made upon a form prescribed [and furnished] by the department providing such information as the department deems necessary for the purposes of issuance of a certificate of registration. A water well contractor shall obtain a certificate of registration through the submission to and approval by the department of such form, become listed on the valid registration of another water well contractor through which he or she is employed, or else shall be supervised on-site throughout the performance of all water well contracting activities by a duly registered water well contractor. In order to obtain a certificate of registration or to be named in the certificate of registration of another water well contractor, each such water well contractor must satisfy the exam requirement set forth in subdivision five of this section. A certificate of registration shall expire two years from the date issued by the department, and the fee for a certificate of registration shall be three hundred dollars. A water well contractor's registration number and the current registration period must be displayed on the well drilling machinery of the registrant at all times in the form of a decal furnished by the department. A water well contractor must provide proof of a valid registration upon demand of any enforcement officer.
3. [The certificate of registration shall require that, before the commencement of drilling of any well or wells, the water well driller shall file a preliminary notice with the department; it shall also provide that upon the completion of the drilling of any water well or water wells, a completion report be filed with the department, giving the log of the well, the size and depth thereof, the capacity of the pump or pumps attached or to be attached thereto, and such other information pertaining to the withdrawal of water and operation of such water well or water wells as the department by its rules and regulations may require. The water well driller shall provide a copy of such completion report to the water well owner. The number of the certificate of registration must be displayed on the well drilling machinery of the registrant. The certificate of registration shall also contain a notice to the certificate holder that the business activities authorized by such certificate are subject to the provisions of article thirty-six-A of the general business law. The fee for such certificate of registration shall be ten dollars annually. The commissioner shall promulgate a water well completion report form which shall be utilized by all water well drillers in satisfying the requirements of this section and any other provision of state or local law which requires the submission of a water well completion report or water well log.] A water well contractor shall satisfy the following notice and reporting requirements:
a. Before commencement of the water well contracting activities consisting of construction, deepening, or decommissioning of a water well or the installation or replacement of a water well pump, or the on-site supervision thereof, a water well contractor shall prepare and submit a preliminary notice to the department upon a form prescribed by the department. In the counties of Nassau, Suffolk, Kings, and Queens, these water well contracting activities shall not commence unless the department approves such activities as are specified in a preliminary notice and has so notified the water well contractor in writing of the approval. When these water well contracting activities occur in
S. 6349 4
response to a water well emergency anywhere in the state, the preliminary notice must be submitted within three calendar days of the commencement of the water well contracting activity with a signed statement detailing the water well emergency.
b. Within one hundred twenty days of having completed the water well contracting activities consisting of construction or deepening of a water well or the installation or replacement of a water well pump, or the on-site supervision thereof, a water well contractor shall submit to the department and water well owner a water well completion report upon a form prescribed by the department. Such completion report shall include the legal names and addresses of the owner of the water well and the water well contractor, the well location by both street address and GPS coordinates, the log of the well, the size and depth of the well, the capacity of the pump or pumps attached to the well, and any other information as specified by the department. For water well decommissioning, a water well contractor shall not be required to submit such completion report and shall complete the reporting requirements set forth in section 15-1526 of this title.
c. The reporting requirements set forth in paragraphs a and b of this subdivision shall not apply to water well contracting activities involving dewatering wells, unless otherwise specified in a water withdrawal or Long Island well permit issued by the department pursuant to section 15-1501 or 15-1527 of this title, or wells at remediation sites otherwise regulated by state or federal court order or agency agreement or order.
4. The department may revoke [any] a certificate of registration for violation of any [of the provisions of] provision in this section, [or] section 15-1526, 15-1527, 15-1528, 15-1531, or 38-0107 of this chapter, for violation of [rules] any rule or regulation made by the department pertaining thereto, violation of a decision or order issued by the department, or for obtaining a certificate of registration through fraud, deceit, or the submission of false information. A certificate of registration may be revoked by the department regardless of the criminal provisions with regard to this section found in section 71-1115 of this chapter.
5. a. [On and after January first, two thousand three, any individual who is responsible for the on-site supervision of water well drilling activities must have passed,]Prior to engaging in water well contracting activities, a water well contractor shall either satisfy the exam requirement set forth in this subdivision or shall be supervised on-site throughout the performance of any water well contracting activities by a water well contractor who has: (i) satisfied the exam requirement for the water well contracting activities being performed; and (ii) obtained, or is listed in, a valid certificate of registration as set forth in subdivision two of this section. The exam requirement is to pass, with at least a seventy percent score[, a two-part certification exam] the following exams as offered by the national ground water association or [an] equivalent [exam] exams offered or approved by the commissioner[. Evidence of having passed such exam shall be provided by the person responsible for the on-site supervision of water well drilling activities upon demand of any enforcement officer.]:
i. for water well contracting activities involving the construction, reconstruction, deepening, or decommissioning of a water well, including an open loop geothermal well, standing column geothermal well, or geothermal diffusion well, or the on-site supervision thereof: a general well drilling exam and a specialty well drilling exam;
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ii. for water well contracting activities involving the installation, replacement, maintenance, or repair of a water well pump, or the on-site supervision thereof: a water systems general exam and a specialty pump exam;
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to the regulation of water well contractors
Purpose of the bill
The purpose of this bill is to update the Environmental Conservation Law (ECL) to reflect evolving water well drilling technologies and prac- tices; ensure that well drillers, other water well contractors, and well owners help protect New York's groundwater resources and avoid waste and damage to property and natural resources; provide additional consumer protections, clarify inconsistent, confusing, and ambiguous language in the registration, exams and reporting requirements; enable the depart- ment to establish a continuing education requirement; and provide for effective enforcement. The bill introduces new measures to address water well protection and decommissioning, flowing artesian water wells, geothermal wells, and use of water from public water supplies for once- through heat exchange cooling or heating systems; prohibit the use of chlorofluorocarbons (CFCs) in below ground systems; eliminate duplicate regulation of activities already governed by the department's Division of Mineral Resources and Division of Environmental Remediation programs; and clarify the department's authority for regulations.
Summary of provisions
Section 1 of this bill would add a new subsection 10 to ECL § 15-1501 to prohibit the use of water from public water supplies for once-through heat exchange cooling or heating systems as of January 1, 2022.
Read the full memo (1,129 words)
Section 2 of this bill would amends subsections 3, 4 and 5 in ECL § 15-1502: to include in the definition of "water well" any well that "accesses" groundwater for heat transfer purposes, in order to include wells, such as closed loop geothermal wells, that may not be seen as "obtaining or withdrawing" water; to refine the definition of "water well contracting activities" to be consistent with the actions that are already governed by the law and to protect consumers from unregistered contractors; and to broaden and replace the defined term, "water well driller" with the term "water well contractor" to accurately reflect the law's historical and continued application to a variety of contractors, including pump installers.
Section 2 of this bill also adds new subsections 17, 18, 19, 20, and 21 to ECL § 15-1502 to define "flowing artesian well," "dewatering well," "water well decommissioning," "geothermal well," and water well emergen- cy," terms used in new provisions of this bill.
Section 3 of this bill amends ECL § 15-1525 in order to achieve the following: significantly reorganize and clarify the law; specify a two- year, rather than an annual, registration period; require that no person shall engage in water well contracting in the state without obtaining or being listed on a certificate of registration from the department, unless supervised pursuant § 15-4525(5)(a); increase the water well contractor registration fee to $300 biannually; specify exam require- ments based on the type of water well contracting activities that are to be conducted; clarify that pump installers must file preliminary notices and completion reports for certain activities; establish a 120--day deadline for the submission of water well completion reports; emphasize the obligation on contractors to provide completion reports to well owners; require those who advertise or market water well contracting services to register with the department; require the department to establish a continuing education requirement; provide reporting exemptions for dewatering wells and wells regulated by the department's Division of Mineral Resources and Division of Environmental Remediation programs; and update the authority for regulations.
Section 4 of this bill adds a new section § 15-1526 to establish requirements for water well protection, maintenance, and decommission- ing.
Long Island well permit exemption for geothermal wells. Section 5 of this bill amends subsection 6 in ECL § 15-1527 to exempt closed loop geothermal wells from Long Island well permitting and enable the promul- gation of regulations.
Section 6 of this bill adds new section ECL § 15-1531 to require water well contractors to observe best practices that minimize the occurrence of flowing artesian wells and to promptly control or else decommission those that occur despite the implementation of best practices, subject to a waiver provision.
Section 7 of this bill adds a new paragraph e to subsection 1 of ECL § 38-0107 (Chlorofluorocarbon Compounds) to prohibit the use of CFCs such as Freon in below-ground systems as of January 1, 2022.
Section 8 of this bill expands the enforcement provisions in ECL § 71-1115, which currently only applies to violations of ECL § 15-1525, so that it also applies to violations of ECL Sections 15-1526, 15-1527, and 15-1531, and makes the civil penalty therein accrue on a per day basis, per violation, consistent with penalties for other ECL violations.
Civil enforcement. Section 9 of this bill amends the enforcement provision in ECL § 71-1127(1) to further clarify existing, law, whereby the penalty accrues on a per day basis, per violation, and to apply this provision to the violation of a water well contractor's certificate of registration.
Section 10 of this bill provides for an effective date of one year following enactment.
Statement in support
Public Water Supplies and Once-Though Heating or Cooling Systems
The use and subsequent disposal of water from public water supplies for once-through cooling or heating systems is problematic in that it wastes the State's water resources; presents technical difficulties and imposes legal compliance problems on owners and operators of public water supply treatment, distribution, and wastewater treatment systems; and is incom- patible with the State's current Long Island water resource sustainabil- ity study. This bill prevents consumptive use of water from a public water supply system for once-through cooling or heating systems as of January 1, 2022.
Water Well Contracting
The existing "well driller" law is inadequate, especially in comparison to similar laws in other states. The phrasing of the original law is internally inconsistent and difficult to understand and enforce. For example, even the term "well driller" that is used throughout the exist- ing law is confusing in that the law also regulates water pump instal- lers, whether or not they are "well drillers." Existing law does not require water well ownersòand contractors to protect the resource through appropriate well maintenance, proper decommissioning, or mini- mizing the occurrence of flowing artesian wells during water well contracting activities. Revisions to the law are needed to strengthen the integrity and authority of the program to protect the state's groundwater; clarify the requirements of the program; enhance transpar- ency; provide increased consumer protection; and increase compliance with the law by providing for effective enforcement. The existing $10 registration fee is out of date (not increased since 1999), so minimal that it is fiscally burdensome to justify the department's processing of the payments, and is out of step with other environmental regulatory programs.
Fiscal implications
None.
Effective date
This act shall take effect one year after it is enacted.
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