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HB69 ENGROSSED
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HB69
CX3Y3JJ-2
By Representative Hammett
RFD: State Government
First Read: 13-Jan-26
PFD: 02-Dec-25
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PFD: 02-Dec-25
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Department of Environmental
Management and well driller licenses; to amend Sections
22-24-1, 22-24-2, 22-24-3, 22-24-4, 22-24-5, 22-24-7, 22-24-8,
and 22-24-11 of the Code of Alabama 1975; to further provide
for the licensing of well drillers and other persons doing
related activity; to increase the fees for licensure and
provide a two-year licensure period; to require continuing
education of licensees; and to authorize the Environmental
Management Commission to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 22-24-1, 22-24-2, 22-24-3, 22-24-4,
22-24-5, 22-24-7, 22-24-8, and 22-24-11 of the Code of Alabama
1975, are amended to read as follows:
"§22-24-1
For the purpose of this chapter, the following terms
shall have the following meanings respectively ascribed to
them by this section :
(1) BOARD. The Alabama Department of Environmental
Management. CATHODIC PROTECTION WELL. A borehole drilled for
the purpose of installing equipment or a system for the
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the purpose of installing equipment or a system for the
electrical protection of metallic structures from corrosion.
(2) DIRECTOR. The Director of the Alabama Department of
Environmental Management. COMMISSION. The Environmental
Management Commission.
(3) DEPARTMENT. The Alabama Department of Environmental
Management.
(3)(4) DRILL. To drill or redrill, bore, auger, dig , or
otherwise construct a water well.
(4)(5) DRILLER. Any person who manages or supervises
the drilling of a water well.
(6) GEOTHERMAL WELL. A borehole drilled for the purpose
of obtaining or exchanging geothermal energy for use with
geothermal air conditioning or heat pump systems. The term
does not include any offshore well.
(5)(7) LOG. A record of the type of material or rock
penetrated in the drilling of a water well.
(8) MONITORING WELL. A borehole drilled for the purpose
of locating and sampling for engineering or geological data.
(6)(9) PERSON. Any individual, organization, group,
association, partnership, corporation , or any combination of
them other business entity operating a business to drill water
wells.
(10) PUMP. All machinery, parts, and fittings installed
on or attached to a well.
(11) RELATED ACTIVITY. Any activity reasonably related
to drilling, maintaining, or repairing a well or pump,
including grouting, plugging, abandoning, and decommissioning
a well or borehole.
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a well or borehole.
(7)(12) SAMPLE. Cuttings or other fragments of rock or
soil materials removed from the a well.
(8)(13) WATER WELL. A hole borehole drilled for the
production of water.
(14) WELL. A water well, monitoring well, geothermal
well, or cathodic protection well. "
"§22-24-2
(a) It is the intent of the Legislature that this
chapter applies solely to wells drilled for the production of
water and water wells, monitoring wells, geothermal wells, and
cathodic protection wells; pump installation, maintenance, and
repair; and any related activity.
(b) This chapter has no application to wells or holes
drilled, augered, cored , or dug for quarry blast holes or
mineral prospecting or any purpose other than water
production ."
"§22-24-3
(a) The board is authorized and directed to make,
promulgate and publish such commission shall adopt rules
pursuant to the Alabama Administrative Procedure Act, Chapter
22 of Title 41, and Section 22-22A-8 of the Environmental
Management Act and regulations as it deems reasonable and
necessary to effectuate and carry out the purpose and
provisions of this chapter , and a true copy of such rules and
regulations shall be kept on file with the Secretary of State
and copies thereof shall be made available for public
distribution .
(b) Prior to any rule change being proposed by the
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(b) Prior to any rule change being proposed by the
commission, the department shall consult with the Alabama
Ground Water Association and other affected parties, as
determined by the department, not less than 60 days prior to
any proposed rule change being filed with the Legislative
Services Agency, Legal Division.
(c) The board department shall cause administer and
enforce this chapter and all rules and regulations it
promulgates to be enforced adopted pursuant to this chapter ."
"§22-24-4
It shall be unlawful for any No person to operate any
equipment or machinery in the drilling may drill or repair of
a water well , monitoring well, geothermal well, or cathodic
protection well; install, maintain, or repair a pump; or
perform any related activity unless the overall operation is,
at all times, performed by or under the supervision and
management of a person licensed water well driller as provided
for in pursuant to this chapter."
"§22-24-5
Every person who intends to drill water wells within
the State of Alabama shall annually obtain from the board a
water well driller's license and, in order to obtain said
license, shall file with the board, in accordance with rules
and regulations as established by the board, an application
form, to be made available by the board. Any person, upon
filing said application and receiving approval of the board,
shall pay an annual fee of $200.00 to the board, and the
payment of said fee shall entitle said person to the full and
complete privileges of drilling water wells, as provided in
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complete privileges of drilling water wells, as provided in
this chapter, and the board shall issue a license for a period
not to exceed one year. Said annual fee paid to the board
shall not exempt a person from additional state or county
privilege taxes. (a) A person who manages or supervises the
drilling or repair of a water well, monitoring well,
geothermal well, or cathodic protection well; installs,
maintains, or repairs a pump; or performs any related activity
shall be licensed under this chapter.
(b) The department shall issue two types of licenses as
follows:
(1) An Unrestricted Well Driller's License. A license
that authorizes a person to engage in the business of: (i)
drilling and repairing water wells, monitoring wells,
geothermal wells, and cathodic protection wells; (ii)
installing, maintaining, and repairing pumps; and (iii) any
related activity.
(2) A Restricted License. A license that authorizes a
person to engage in only one or more of the following
activities as specified in the conditions of the license:
a. Drilling of and related activity for a specific type
of well.
b. Installation, maintenance, and repair of pumps.
(c) A license may be issued to an individual or to a
business entity. A license may only be issued to a business
entity if a principal employee who is individually licensed is
listed on the business entity's license.
(d) Commencing October 1, 2026, all licenses issued by
the department shall be valid for a two-year license period.
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the department shall be valid for a two-year license period.
(e)(1) The department shall charge a fee to issue a
license as follows:
a. An unrestricted license fee shall be one thousand
dollars ($1,000).
b. A restricted license fee shall be five hundred
dollars ($500).
(2) An additional fee of five hundred dollars ($500)
shall be charged for the issuance of a business license.
(f) A license shall be renewed on October 1 and shall
be delinquent if not paid by December 31 of each renewal
period. Any renewal that is delinquent may be renewed by the
payment of an additional delinquency fee of twenty dollars
($20) per month of delinquency, for up to one year.
(g) An applicant for an initial individual license
shall be subject to examination and shall satisfy all
requirements as provided by rule of the commission. The
license fee for a new licensee shall be prorated on a monthly
basis for the balance of the license period.
(h)(1) Commencing on the renewal of each license for
the license period beginning on October 1, 2028, each
individual licensee shall submit proof of completing eight
hours of continuing education approved by the department
according to license type to renew a license.
(2) A licensee who fails to submit proof of completing
the required continuing education shall be given a grace
period to complete the continuing education until March 31
after the commencement of the new license period. "
"§22-24-7
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"§22-24-7
(a) A license may be refused or The department may
refuse to issue a license, a suspend or revoke an issued
license duly issued may be suspended or revoked , or the refuse
to renew a license renewal thereof refused by the board, if,
after notice and hearing as provided in this section, it the
department finds that the applicant for, or holder of, such a
license:
(1) Is unable to present evidence of his or her
qualifications suitable to the board department ;
(2) Has intentionally made a material misstatement in
the application for such a license;
(3) Has willfully violated any provision of this
chapter;
(4) Has obtained, or attempted to obtain, such a
license by fraud or misrepresentation;
(5) Has been guilty of fraudulent or dishonest
practices; or
(6) Has demonstrated lack of competence as a driller of
water wells.
(b) Before any license shall be is refused, or
suspended , or revoked, or the renewal thereof of a license is
refused, under this section, the board department shall give
notice of its intention to do so by registered or certified
mail to the applicant for, or holder of, such a license and
shall set a date not less than 20 days from the date of
mailing such the notice when the applicant or licensee may
appear to be heard and produce evidence. In the conduct of
such During the hearing, the board department , or an
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such During the hearing, the board department , or an
authorized representative specially designated by it the
department for such that purpose, shall have power to may
administer oaths, to require the appearance of and examine any
person under oath, to and require the production of books,
records , or papers relevant to the inquiry upon its own
initiative or upon the request of the applicant or licensee.
Upon termination of such the conclusion of the hearing, the
findings shall be reduced to writing and, upon approval by the
board department , shall be filed in its office and notice of
the findings and resulting decision shall be sent by
registered or certified mail to the applicant or licensee
concerned.
(c) No licensee whose license has been revoked under
this section shall be entitled to file another application for
a license as a water well driller under this chapter within
one year from the effective date of such the revocation or, if
judicial review of such the revocation is sought, within one
year from the date of final court order or judgment affirming
such the revocation. Such The application, when filed, may be
refused by the board department unless the applicant shows
good cause why revocation of his or her license shall not be
deemed a bar to the issuance of a new license."
"§22-24-8
It shall be unlawful and a violation of this chapter to
drill a water well within the State of Alabama unless the
following provisions are complied with: (a) A licensee shall do
all of the following while performing an activity for which a
license is required by this chapter:
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license is required by this chapter:
(1) The driller of the water well shall be licensed as
provided in Section 22-24-5.
(2)(1) The driller shall, at At all times during the
drilling of a water well, keep posted in a conspicuous
location , at or near the well being drilled or on his person,
the appropriate license certificate as furnished on the
drilling equipment a current sticker issued by the department
indicating licensure by the board .
(3)(2) Before the commencement of the drilling
operation starting the construction of a well , the driller
shall file an application of intent to drill a water well, as
directed by the board department .
(4)(3) The driller of the well, within Within 30 days
after completion of completing the drilling of each water a
well, shall deliver to the board department a well completion
certification form , upon forms to be supplied by the board, a
"report of well drilled." . The board department shall notify
the local health authorities within seven days of the receipt
thereof receiving the certification for potable and
agricultural water wells only .
(5)(4) The driller shall furnish Furnish a log and a
set of samples to the State Geological Survey from wells
specifically designated by the board department or State
Geologist. The samples shall be collected during the drilling
at intervals of not more than 10 feet.
(b) The commission, by rule, may adopt a schedule of
fees due for the filing of a well completion certification
form pursuant to subdivision (a)(3). A fee may not exceed one
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form pursuant to subdivision (a)(3). A fee may not exceed one
thousand dollars ($1,000) and shall be in an amount according
to whether the well is used for an industrial, commercial, or
domestic purpose or other criteria as determined by rule of
the commission. The fee for a single-family residence or
duplex may not exceed two hundred fifty dollars ($250). The
fees may be paid electronically. All fees shall be deposited
into the Environmental Management Fund and used for the
administration of this chapter and shall not revert to the
State General Fund at the end of each fiscal year. "
"§22-24-11
Any person guilty of violating any of the provisions of
who violates this chapter or any rule adopted pursuant to this
chapter or the rules and regulations adopted thereunder shall
be guilty of a misdemeanor and may be punished by a fine of
not less than $100.00 nor more than $500.00 for each
violation. Each day the violation continues shall be
considered a separate violation. Any and all funds derived
from such fines shall be deposited with the State Treasurer in
the Alabama Department of Environmental Management Fund is
subject to Section 22-22A-5 of the Alabama Environmental
Management Act ."
Section 2. All rules of the Alabama Department of
Environmental Management in Division 9 of Title 335 of the
Alabama Administrative Code shall continue as rules of the
Environmental Management Commission until amended or repealed.
Section 3. This act shall become effective on October
1, 2026.
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1, 2026.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on State Government
................13-Jan-26
Read for the second time and placed
on the calendar:
0 amendments
................14-Jan-26
Read for the third time and passed
as amended
Yeas 93
Nays 0
Abstains 9
................22-Jan-26
John Treadwell
Clerk
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