An Act Relating to Geothermal Heat Exchange Wells
Maine Legislature, Session 124, LD 0860
Committee Amendment CA_A_H177 (House)
Amends: 32 MRSA §4700-E, 32 MRSA §4700-F, 32 MRSA §4700-G, 32 MRSA §4700-H, 32 MRSA §4700-I, 32 MRSA §4700-J, 32 MRSA §4700-K, 32 MRSA §4700-L, 32 MRSA §4700-M

COMMITTEE AMENDMENT "A "to H.P. 591, L.D. 860, Bill, "An Act Relating 
to Geothermal Heat Exchange Wells" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRSA §4700-E, sub-§3-C is enacted to read: 
3-C. Geothennal heat exchange well. "Geothermal heat exchange well" means a 
hole drilled, driven or bored into the earth for the purpose of using the heat exchange 
capacity of the earth for heating and cooling. 
Sec. 2. 32 MRSA §4700-E, sub-§3-D is enacted to read: 
3-D. Geothermal heat exchange well driller. "Geothermal heat exchange well 
driller" means a person, firm or corporation engaged in the work of drilling, driving or 
boring geothermal heat exchange wells. 
Sec. 3. 32 MRSA §4700-E, sub-§3-E is enacted to read: 
3-E. Geothermal heat exchange well pump installer. "Geothermal heat exchange 
well pump installer" means a person who is engaged to work at and learn the trade of 
geothermal heat exchange well pump installation. 
Sec. 4. 32 MRSA §4700-E, sub-§6, as amended by PL 2001, c. 209, Pt. B, §2, is 
further amended to read: 
6. Pump or pump system. "Pl:lmp" For purposes of a water well, "pump" or "pump 
system" means mechanical equipment or a device used to remove water from a well 
including all piping and wiring up to the existing equipment in the structure. For the 
purposes of a geothermal heat exchange well, "pump" or "pump system" means the 
mechanical equipment or device used to move fluid from the geothermal heat exchange 
well, including all piping and wiring, up to the existing equipment in the structure. 
Sec. 5. 32 MRSA §4700-E, sub-§l1, as enacted by PL 2001, c. 209, Pt. B, §2, is 
amended to read: 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to H.P. 591, L.D. 860 
11. 
Well drilling company. 
"Well drilling company" means a person, fum", 
partnershi~ or ~orporation that owns or otherwise operates any mechanical equipment 
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used to dnll, drive or bore water wells or geothermal heat exchange wells. 
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Sec. 6. 32 MRSA §4700-F, sub-§l, as amended by PL 1993, c. 25, §6, is further 
amended to read: 
1. Applicability. The provisions of this chapter apply to all water wells constructed 
in the State after January 1, 1994. The provisions of this chapter relating to geothermal 
heat exchange well construction, geothermal heat exchange well pump installation and 
licensing requirements for geothermal heat exchange well drillers and geothermal heat 
exchange well pump installers apply after final adoption of initial rules pursuant to 
section 4700-1, subsection 2-A. 
Sec. 7. 32 MRSA §4700-G, sub-§l, as amended by PL 2001, c. 209, Pt. B, §3, is 
further amended to read: 
1. 
Establishment of commission. 
The Maine Water Well Commission, as 
authorized by Title 5, chapter 379, is established to carry out the provisions of this 
chapter. The purpose of the commission is to provide the public with the highest quality 
drinking water possible by ensuring that water wells and geothermal heat exchange wells 
are drilled, constructed, altered or abandoned in a manner that protects groundwater from 
contamination. 
Sec. 8. 32 MRSA §4700-G, sub-§2, as amended by PL 2001, c. 209, Pt. B, §4 
and PL 2003, c. 689, Pt. B, §6, is further amended to read: 
2. Membership. The commission consists of the Director director of the Division 
division ofHeakh Engineering environmental health within the Department of Health and 
Human Services or the director's designee; the Director of the Bureau of Geology and 
Natural Areas within the Department of Conservation or the director's designee; the 
Commissioner of Transportation or the commissioner's designee; and 4 public members, 
of whom must be well drillers. 
Sec. 9. 32 MRSA §4700-H, sub-§l-A, as enacted by PL 1993, c. 25, §8 and 
affected by §15, is amended to read: 
I-A. Administer examinations. The commission shall develop and administer all 
examinations required by section 4700-1, subsection 4. All examinations must be written 
examinations and must test an applicant's knowledge of the principles of water well 
drilling, abandonment ofvrater wells and the installation of'Nater well pumps. following 
matters as is appropriate for the license or license endorsement for which the application 
is made: 
A. Principles of water well drilling; 
B. Principles of geothermal heat exchange well drilling; 
C. Abandonment of water wells: 
D. Abandonment of geothermal heat exchange wells; 
E. Installation of water well pump systems; 
F. Installation of geothermal heat exchange well pump systems; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDivIENT"~ "to H.P. 591, L.D. 860 
G. The code of performance adopted by the commission. 
Sec. 10. 32 MRSA §4700-H, sub-§2, as amended by PL 2001, c. 209, Pt. B, §7, 
is further amended to read: 
2. Licensing. The commission shall license well drillers, geothermal heat exchange 
well drillers, well drilling companies, geothermal heat exchange well pump installers, 
pump installers and pump installation companies and may initiate action for the 
revocation or suspension of such licenses. 
Sec. 11. 32 MRSA §4700-H, sub-§3, as amended by PL 2001, c. 209, Pt. B, §7, 
is further amended to read: 
3. Investigate complaints. The commission shall investigate complaints and cases 
of noncompliance with, or violation of, this chapter or of the \vell driller and pump 
installer code of performance adopted by the commission. Complainants must petition 
the commission in writing within 24 months of completion of a water well or geothermal 
heat exchange well or the installation, repair or replacement of a pump system. At its 
discretion, the commission may request that an investigation of an alleged violation be 
conducted by a neutral qualified individual, acceptable to both the alleged violator and 
the commission, who shall report to the commission. At its discretion, the commission 
may refer a complaint to the Attorney General. 
Sec. 12. 32 MRSA §4700-H, sub-§4, as amended by PL 2001, c. 209, Pt. B, §8, 
is further amended to read: 
4. Revocation and suspension of license. If the commission determines a violation 
of this chapter, the well driller and pump installer code of performance adopted by the 
commission or other laws and rules in effect, including for a well driller or a well drilling 
company the water well information laws, under Title 12, section 550-B, has occurred, 
the commission shall notify the responsible water well driller, geothermal heat exchange 
well driller, well drilling company, geothermal heat exchange well pump installer, pump 
installer or pump installation company by certified or registered mail of the violation. 
The commission may order the responsible party or parties to correct, within 48 hours of 
notification, any violation it determines to be a significant threat to public health, 
including~ but not limited to, potential contamination by pathogenic organisms. The 
commission may order that all other violations be corrected within a period of 60 days 
following receipt of notification. If the violation is not corrected within 60 days, or 
within 48 hours for significant threats to public health, the commission may revoke or 
suspend the license of the responsible party or parties. A licensee who receives a written 
notice of a violation or of a revocation or suspension of a license under this subsection 
may request a hearing before the commission. The commission shall conduct such 
hearings and issue its decision within 30 days of the request. 
A decision of the 
commission under this subsection is a final agency action. The commission shall adopt 
rules governing criteria for license reinstatement. Rules adopted by the commission 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter II-A 2-A. 
Sec. 13. 32 MRSA §4700-H, sub-§5, as amended by PL 1993, c. 25, §9 and 
affected by § 15, is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to H.P. 591, L.D. 860 
5. Adopt code of performance. The commission shall adopt rules establishing a 
minimum code of performance for well drillers arul~ pump installers, geothermal heat 
exchange well drillers and geothermal heat exchange well pump installers. The code of 
performance must set forth appropriate minimum standards of professional conduct for 
well drillers aaa~ pump installers, geothermal heat exchange well drillers and geothermal 
heat exchange well pump installers. 
Sec. 14. 32 MRSA §4700-H, sub-§6, as enacted by PL 2001, c. 209, Pt. B, §9, is 
amended to read: 
6. Levy fines. The commission may levy fmes for violations of the vlell driller and 
pump installer code of performance adopted by the commission of not more than $1,000 
per violation. 
Sec. 15. 32 MRSA §4700-H, sub-§7, as enacted by PL 2001, c. 209, Pt. B, §9, is 
amended to read: 
7. 
Order well abandonment. 
The commission shall adopt rules establishing 
procedures for determining that a water well or geothermal heat exchange well must be 
abandoned because of prior contamination or because it has been constructed in violation 
of existing regulations and standards, can not be altered or repaired to meet existing 
regulations or standards and poses a significant threat to public health or groundwater 
contamination. Rules adopted by the commission pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter H-A 2-A. 
Sec. 16. 32 MRSA §4700-I, first -U, as amended by PL 2001, c. 209, Pt. B, §10, 
is further amended to read: 
Effective January 1, 1994, a person may not participate in the physical construction 
of a water well for compensation or any public drinking water well unless licensed under 
this section. After final adoption of initial rules pursuant to subsection 2-A, a person may 
not participate in the physical construction of a geothermal heat exchange well for 
compensation unless licensed under this section. 
Sec. 17. 32 MRSA §4700-I, sub-§2, as amended by PL 2001, c. 209, Pt. B, §10, 
is further amended to read: 
2. Licensure. ::Ail Except as provided in subsection 2-A, an applicant for licensure 
shall submit to the commission, on a form provided by the commission, a written 
application for licensure containing such information as the commission requires. A 
person who holds a valid license as provided for in this section must be in the charge of a 
licensed well drilling company or pump installation company in order to actively practice 
well drilling or pump installation, repair or replacement. A company license is valid only 
while the company employs at least one licensed master well driller for a well drilling 
company or one master pump installer for a pump installation company. The commission 
shall license an applicant for well driller licensure as either a master well driller or a 
journeyman well driller and applicants for pump installer licensure as either a master 
pump installer or ajourneyman pump installer, based on the following criteria. 
A. 
A master well driller must have a minimum of 3 years experience in well drilling 
and have worked an average of 1,000 hours per year as a journeyman well driller for 
each of those years. 
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COMMITTEE, AMEND~NT ,A " 
to H.P. 591, L.D. 860 
B. 
Ajourneyman well driller must have at least one year experience in well drilling 
and have worked at least 1,000 hours during that year as an apprentice well driller. 
C. 
A master pump installer must have a minimum of 3 years experience as a pump 
installer and have worked at least 350 hours as a pump installer during each of those 
years. 
E. 
A journeyman pump installer must have at least one year experience in pump 
installing and have worked at least 350 hours during that year as an apprentice pump 
installer. 
F. 
A well drilling company must be issued a license upon presentation to the 
commission of a valid master well driller license issued to and held by the owner or 
an employee of the firm, partnership or corporation. 
G. 
A pump installation company must be issued a license upon presentation to the 
commission of a valid master pump installer license issued to and held by the owner 
or an employee of the firm, partnership or corporation. 
The commission shall license a well driller or pump installer applicant who is not eligible 
for licensure under paragraphs A to E as an apprentice. 
Sec. 18. 32 MRSA §4700-I, sub-§2-A is enacted to read: 
2-A. Geothermal heat exchange well drillers and geothermal heat exchange well 
pump installers; licensure. The commission shall adopt rules establishing a licensing 
structure for geothermal heat exchange well drillers and geothermal heat exchange well 
pump installers. The rules may allow licensure by endorsement. After adoption of the 
initial rules, rules adopted pursuant to this subsection are routine technical rules pursuant 
to Title 5, chapter 375, subchapter 2-A. The initial rules must be adopted through major 
substantive rulemaking as defined in Title 5, chapter 375, subchapter 2-A. 
The 
commission shall consult with appropriate departments and agencies, including the 
Department of Environmental Protection, during the rule-making process. 
Sec. 19. 32 MRSA §4700-I, sub-§3, as amended by PL 2001, c. 209, Pt. B, §10, 
is further amended to read: 
3. 
Term of license. 
Well drillers, geothermal heat exchange well 
drillers~ 
geothermal heat exchange well pump installers and pump installers must be licensed 
annually. All licenses expire on December 31st of each year. Any person who is a well 
driller or pump installer on the effective date of this Act is deemed to be licensed. 
Sec. 20. 32 MRSA §4700-I, sub-§4-A is enacted to read: 
4-A. Examinations for geothermal heat exchange well drillers and geothermal 
heat exchange well pump installers. After final adoption of initial rules pursuant to 
subsection 2-A, the commission may require a person to successfully complete a written 
examination administered by the commission in order to be licensed as a geothermal heat 
exchange well driller or a geothermal heat exchange well pump installer. 
Sec. 21. 32 MRSA §4700-J, first err, as amended by PL 2001, c. 209, Pt. B, §11, 
is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 591, L.D. 860 
Effective January 1, 1994, a person may not engage in the business of constructing 
water wells within the State or engage in the installation, replacement or repair of a pump 
in a water well unless licensed with the commission. After final adoption of initial rules 
pursuant to subsection 2-A, a person may not engage in the business of constructing 
geothennal heat exchange wells or engage in the installation, replacement or repair of a 
pump in a geothermal heat exchange well unless licensed with the commission. An 
applicant for licensure must complete an application fonn supplied by the commission, 
successfully complete any 'examination required by this chapter and pay an annual license 
fee established by the commission. The person so licensed shall display on each side of 
the drilling rig or the pump installer vehicle a seal issued by the commission indicating 
that person's license number and the current year of licensure. A person licensed under 
chapter 49 as a master plumber is not required to be licensed with the commission to 
perfonn the work of a pump installer. 
Sec. 22. 32 MRSA §4700-K, as enacted by PL 1991, c. 455, Pt. B, §1, is amended 
to read: 
§4700-K. Compliance with other laws and rules 
Notwithstanding this chapter, all water wells and geothennal heat exchange wells 
must be constructed and maintained in accordance with all other laws and rules in effect, 
including for water wells the water well infonnation laws, Title 12, section 550-B. 
Sec. 23. 32 MRSA §4700-L, sub-§l, as enacted by PL 2001, c. 209, Pt. B, §13, 
is amended to read: 
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1. Fine. Any person, company, finn, partnership or corporation who installs, alters,'" 
repairs or replaces a water well, geothennal heat exchange well or pump system without 
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being licensed as provided in this chapter or in violation of the code of perfonnance 
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adopted by the Maine Wat\:W Well Commission commission pursuant to section 4700-A, 
subsection 5, except for an apprentice well driller or an apprentice pump installer as set 
forth in this chapter, or any person, finn, partnership or corporation who procures a 
license as provided in this chapter wrongfully or by fraud commits a civil violation 
punishable by a fine of not more than $1,000. 
Sec. 24. 32 MRSA §4700-L, sub-§3, as enacted by PL 2001, c. 209, Pt. B, §13, 
is amended to read: 
3. Exclusion. This chapter does not prevent a person from making water well~ 
geothennal heat exchange well or pump system installations, alterations, repairs or 
replacements in a single-family residence occupied by that person or to be occupied by 
that person as a bona fide personal abode, providing as long as the installation, alternation 
alteration, repair or replacement confonns to the standards set forth in this chapter and 
any rules adopted by the commission or the department. 
Sec. 25. 32 MRSA §4700-M, as amended by PL 2001, c. 209, Pt. B, §13, is 
further amended to read: 
§4700-M. Reciprocity 
The commiSSIOn may issue a license without examination, in a comparable 
classification, to any person who holds a registration or license in any state, territory or 
COMMITTEE A IENDMENT 
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COMMITTEE AMENDMENT .p" ro H.P. 591. L.D. 860 
possession of the United States or any country, if the commission determines that the 
requirements for registration or licensure of well drillers, geothermal heat exchange well 
drillers, geothermal heat exchange well pump installers or pump installers under which 
the person's registration or license was issued do not conflict with this chapter or the code 
of performance adopted by the commission under this chapter. 
Sec. 26. Rulemaking; report; authority to submit legislation. The initial 
rules adopted by the Maine Water Well Commission pursuant to the Maine Revised 
Statutes, Title 32, section 4700-1, subsection 2-A are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
By January 1, 2010, the Maine Water Well 
Commission shall submit provisionally adopted initial rules to the Legislature for review 
by the Joint Standing Committee on Natural Resources. By January 1,2010, the Maine 
Water Well Commission shall submit to the Joint Standing Committee on Natural 
Resources draft legislation to amend the provisions of this Act if any necessary 
amendments are identified during the rule-making process. 
The Joint Standing 
Committee on Natural Resources may submit legislation relating to geothermal heat 
exchange well construction and licensing to the Second Regular Session of the 124th 
Legislature. ' 
SUMMARY 
This amendment adds geothermal heat exchange well pump installers to the 
provisions of the bill. It directs the Maine Water Well Commission to adopt rules 
establishing a licensing structure for geothermal heat exchange well drillers and 
geothermal heat exchange well pump installers.. It makes the initial rules major 
substantive; subsequent rules are routine technical. It directs the Maine Water Well 
Commission to submit provisionally adopted rules to the Legislature by January 1, 2010 
and to submit draft legislation to amend the provisions of the Act if any necessary 
amendments are identified during the rule-making process. 
It authorizes the Joint 
Standing Committee on Natural Resources to submit legislation to the Second Regular 
Session of the 124th Legislature. It delays the application of the provisions relating to 
geothermal heat exchange well construction, geothermal heat exchange well pump 
installation and licensing requirements for geothermal heat exchange well drillers and 
geothermal heat exchange well pump installers until after the Maine Water Well 
Commission finally adopts rules. 
FISCAL ~OTE H.EQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/15/09 :::!:Pac.. 
LD860 
LR 787(02) 
An Act Relating to Geothermal Heat Exchange Wells 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fmes may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Maine Water Well Program in the Department of Health and Human Services and to the 
Department of Environmental Protection to adopt rules for minimum standards governing geothermal heat exchange 
well drillers and heat exchange pump installers can be absorbed utilizing existing budgeted resources. 
LR0787(02) - Fiscal Note - Page 1 of 1 
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