An Act Relating to Geothermal Heat Exchange Wells
Maine Legislature, Session 124, LD 0860
Committee: Natural Resources
Sponsors: EBERLE, GOODALL, BEAUDETTE, CEBRA, COHEN, DUCHESNE, SARTY, WELSH, TRAHAN
Amends: 32 MRSA §4700-J, 32 MRSA §4700, 32 MRSA §4700-G, 32 MRSA §4700-H, 32 MRSA §4700-I, 32 MRSA §4700-X, 32 MRSA §4700-L, 32 MRSA §4700-M

Legislative Document 
No. 860 
H.P. 
.House of Representatives, March 5, 2009 
An Act Relating to Geothermal Heat Exchange Wells 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative EBERLE of South Portland~ 
Cosponsored by Senator GOODALL of Sagadahoc and 
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frI· 7Jlt1C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDETTE of Biddeford, CEBRA of Naples, COHEN of Portland, 
DUCHESNE of Hudson, SARTY of Denmark, SA VIELLOofWilton, WELSH of Rockport, 
Senator: TRAHAN of Lincoln. 
Printed on r·ecycJed paper 
. 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 32 MRSA §4700-JE, slllb-§3-C is enacted to read: 
3-C. Geothermal heat exchange well. "Geothennal 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-JE, suib,,;§3~D is enacted toread: 
3-D. Geothermal heat exchange well driller. "Geothennal heat exchange well 
driller" means a person, fInn or corporation engaged in the work of drilling, driving or 
boring geothennal heat exchang;e wells. 
Sec. 3. 32 MRSA §4700"-JE, sub-§l1, as enacted by PL 2001, c. 209, Pt. B; §2, is 
amended to read: 
. 
11. 
Well drilling company. 
"Well drilling corripany" means a person, fInn, 
partnership or corporation that owns or otherwise operates any,mechanical equipment 
used to drill, drive or bore water wells or geothennal heat exchange wells. 
Sec. 4. 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 provi~ions of .this 
chapter. The purpose of the commission is to provide the public with the highest quality 
drinking water possible by ensuring thai water wells and geothennal heat exchange wells 
are drilled, constructed, altered or abandoned in a manner that protects groundwater from 
contamination. 
Sec. 5. 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 fiirt .. 3 
amend.~,1 iC "''ld: 
2. Membership. The commission consists of the Director director of the Division 
division of Health Engirteering 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, . 
3G 
of whom must be well drillers. 
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Sec. 6. 32 MRSA §4700-H, sub-§l-A, as enacted by PL 1993, c. 25, §8 and 
J2 
affected by §15, is amended to read: 
l:-A. Administer examinations. The commission shall develop and administer all 
exammations required by section 4700-1, subsection 4. All examinations must be written 
examinations and must test an applicant's knowledge of th~ pririciples of water well 
drilling, abandonment. of water wells and the installation of water well pumps. With 
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respect to geothermal heat e~change ~ell drillers,' all examinations must be in writing and 
test an applicant's knowledge of the prmciples of geothermal heat exchange wells. 
Sec. 7. 32MRSA §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, well drilling companies, 
pump installers and pump installation companies -and may initiate action for the 
revocation or suspension of such licenses. The commission shall iicense geothermal heat 
exchange well drillers. 
Sec. 8. 32 MRSA §4700-H, sub-§4,as amended byPL 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 or other laws and 
rules in effect, including the water well information laws, Title 12, section 550-B, has 
occurred, the commission shall notify the responsible water well driller, geothermal heat 
exchange well driller, well drilling company, 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 wntten 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 
days of the request. A decision of the commission under this' subsection is a final 
agency aCtion. 
The commission shall adopt rules governing criterta for license 
rei!lstatement. Rules adopted by the commission pursuant to this subsectioh are routine 
technical rules as defined in Title 5, chapter 375, subchapter Y-A2-A. 
Sec. 9. 32 MRSA §4700-H, sub-§5, as amended byPL 1993, c. 25, §9 and 
affected by § 15, is further amended to read: 
5. Adopt code of performance. The commission shall adopt rules establishing a 
minimum code of performance for well drillers ana .. pump installers and geothermal heat 
exchange well drillers. The code of performance must set forth appropriate minimum 
standards of professional conduct for well drillers aRG .. pump installers and geothermal 
heat exchange well drillers. 
Sec. 10. 32 MRSA §4700-I, sub-§2, as amended by PL 2001,c. 209? Pt. B, §1O, 
is further amended to read: 
2.. Licensure. AfI: Except as provided in subsection 2-A, an applicant for licensure 
shall su1;>mit to the commission, on a form provided by the commission, a written 
application for licensure containing such information as the commission requires. A 
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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 a journeyman 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. 
B. -A journeyman well driller must have at least one year experience in well drilling 
atld 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 e)(perience as a pump 
installer and have worked at least 350 hours as a pump installer during each of those 
years. 
E. A jOuIneyman pump installer must have at least one year experience in pm:np 
installing and have worked at least 350 hours during that year as an apprentice pump 
ihstaller. 
F. 
A well drilling compaIJ.Y 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 fInn, partnership or corporation. 
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G. A pump installation company must be issued a license upon presentation to.the 
commission of a '/alid master pump installer license issued to and held by the owner 
or an employee of the fum, partnership ot 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. 
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Sec". n. 32 MRSA §4700-X, sUlI!)-§2-A is Lll,",;d to read: 
2-A. Geothermal heat exchange well drillers; licensUlre. The commission shall 
adop"t rules providing for the appropriate minimum standards of training, education and 
experience for geothermal heat exchange well drillers, who are not eligible for licensure 
under subsection 2. Rules· adopted pursuant to this subsection are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A. . The commission may adopt by rule 
national or other technical standards, in whole orin part, that it considers necessary to 
carry out the purposes of this chapter. The commission shall consult with appropriate 
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departments and agencies, including the Department of Environmental Protection, during 
the rule-making process . 
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Sec. n. 32 MRSA §4700-L; sUlb-§l, as enacted by PL 2001, c. 209, Pt. B, §13, 
is amended to read: 
1. Fine. Any person, company, fIrm, partnership or corporation who installs, alters, 
repairs or replaces a water well, geothermal heat exchange well or pump system without 
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L. 
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being licensed as provided in this chapter or in violation of the cocie of performance 
adopted by the Maine Water Well 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, firm, partnership or corporation who procures a license as 
provided in this chapter \yrongfully or by fraud cC,)mmits a civil violation punishable by a 
fme of not more than $1,000. 
Sec. 13. 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~ . 
geothermal heat exchange well or pump system installations, alterations, repairs or 
·11 
replacements in a single-faIDily residence occupied by that person or to be occupied by 
that person as a bona fide personai abode, providing as long as the insiallaiion, alternation 
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alteration,repair or replacement confomis to the stfuldards set forth in this chapter and 
any rules adopted by the commission or the department. 
Bec.14. 32 MRSA §4700-M, as amended by PL 2001, c. 209, Pt. B, §13, is 
. further amended to read: 
§4700-M. Reciprocity 
The COIllilliSSlOn may issue a license without examination, in a comparable 
classification, to any person who holds a registration or license in any state, territory or 
possession of the United States or any country, if the commission determines that the 
requirem~nts for registration or licensure of well drillers, geothermal heat exchange well 
drillers 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 thls chapter. 
SUMMARY 
Geothermal heat exchange systems for the purposes of residential, commercial and 
institutional heating sources use partiCUlar types of geothermal heat exchange wells. This 
bill ensures that the boreholes for geothermal heat exchange wells are -drilled 
appropriately and that groundwater quality and drinking water quality are protected. It 
provides the Maine Water Well Commission, which currently oversees well driller:s, well 
drilling companies, pump' installers and pump installation companies, with the oversight 
of geothermal heat exchange wells and geothermal heat exchange well drillers.