HB 2302 — An Act amending the act of October 9, 2008 (P.L.1363, No.100), known as the Crane Operator Licensure Act, further providing for title of act; in preliminary provisions, further providing for short title and for definitions and providing for applicability; in State Board of Crane Operators, further providing for board and for powers and duties of board; in licensure, further providing for licensure, for qualifications, for duration of license, for reporting of multiple licensure and for license without certification and providing for qualifications for licensure as well driller, for legacy well drillers, for examination for licensure as well driller, for bonding and insurance for well drillers, for continuing education for well drillers, for professional standards and industry regulations for well drilling, for additional reporting requirements for well drillers, for sampling, for well driller license identification and for drilling company and rig registration; in administration and enforcement, further providing for violation of act, for refusal, suspension or revocation of license and for temporary and automatic suspensions; and making a repeal.

PRINTER'S NO.   3025

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2302
                                               Session of
                                                 2026

     INTRODUCED BY TAKAC, MOUL, VENKAT, BURGOS, HILL-EVANS, FLEMING,
        GUZMAN, MALAGARI, RIVERA, GUENST, SANCHEZ, MAYES, CIRESI AND
        CEPEDA-FREYTIZ, MARCH 18, 2026

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 19, 2026


                                    AN ACT
 1   Amending the act of October 9, 2008 (P.L.1363, No.100), entitled
 2      "An act relating to crane operator licensure; establishing
 3      the State Board of Crane Operators; conferring powers and
 4      imposing duties relative to regulating the practice of crane
 5      operation; imposing penalties; and making an appropriation,"
 6      further providing for title of act; in preliminary
 7      provisions, further providing for short title and for
 8      definitions and providing for applicability; in State Board
 9      of Crane Operators, further providing for board and for
10      powers and duties of board; in licensure, further providing
11      for licensure, for qualifications, for duration of license,
12      for reporting of multiple licensure and for license without
13      certification and providing for qualifications for licensure
14      as well driller, for grandfathering for well drillers, for
15      examination for licensure as well driller, for bonding and
16      insurance for well drillers, for continuing education for
17      well drillers, for professional standards and industry
18      regulations for well drilling, for additional reporting
19      requirements for well drillers, for sampling, for well
20      driller license identification, for drilling company and rig
21      registration, for exemptions and for agricultural operations;
22      in administration and enforcement, further providing for
23      violation of act, for refusal, suspension or revocation of
24      license and for temporary and automatic suspensions; and
25      making a repeal.
26      The General Assembly of the Commonwealth of Pennsylvania
27   hereby enacts as follows:
28      Section 1.    The title and section 101 of the act of October
29   9, 2008 (P.L.1363, No.100), known as the Crane Operator
 1   Licensure Act, are amended to read:
 2                                   AN ACT
 3   Relating to crane operator licensure; establishing the State
 4      Board of Crane Operators and Well Drillers; conferring powers
 5      and imposing duties relative to regulating the practice of
 6      crane operation and well drilling; imposing penalties; and
 7      making an appropriation.
 8   Section 101.    Short title.
 9      This act shall be known and may be cited as the Crane
10   Operator and Well Driller Licensure Act.
11      Section 2.    The definitions of "board," "certification,"
12   "crane operator," "immediate supervision" and "trainee" in
13   section 102 of the act are amended and the section is amended by
14   adding definitions to read:
15   Section 102.    Definitions.
16      The following words and phrases when used in this act shall
17   have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      "Board."    The State Board of Crane Operators and Well
20   Drillers.
21      "Certification."    Certification from the National Commission
22   for the Certification of Crane Operators (NCCCO) or another
23   organization found by the State Board of Crane Operators and
24   Well Drillers to offer an equivalent testing and certification
25   program meeting the applicable requirements of the American
26   Society of Mechanical Engineers ASME B30.5 as relating to mobile
27   cranes, ASME B30.3 or the requirements of ASME B30.4 as relating
28   to tower cranes and the accreditation requirements of the
29   National Commission for Certifying Agencies or the American
30   National Standards Institute.

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 1      * * *
 2      "Crane operator."    An individual licensed by the State Board
 3   of Crane Operators and Well Drillers to operate a crane.
 4      "Decommissioning."   The process of sealing and permanently
 5   closing an inactive, abandoned or unusable water well,
 6   geotechnical well, geothermal well or environmental well.
 7      * * *
 8      "Environmental well."    A cased excavation or opening into the
 9   ground created by digging, boring, drilling, driving, jetting or
10   any other method to obtain a sample of groundwater or soil for
11   environmental or geological investigation, research or
12   remediation, where the depth is likely to penetrate the water
13   table. The term includes a piezometer or observation well
14   installed for a purpose not specified in this definition. The
15   term does not include a well installed to provide a supply of
16   potable water.
17      "Geotechnical well."    A well drilled to collect rock and soil
18   samples or to assess soil or rock stability for geotechnical
19   investigations related to site analysis for construction
20   suitability.
21      "Geothermal well."     A boring or cased hole that utilizes the
22   geothermal properties of water to provide heating or cooling
23   through an open-loop or closed-loop groundwater heat pump
24   system. The term does not include a boring or cased hole
25   utilized in an electric generating geothermal system.
26      "Groundwater."   Water occurring in underground streams,
27   channels, artesian basins, reservoirs, lakes or other subsurface
28   formations, whether percolating or otherwise.
29      "Immediate supervision."    Circumstances in which [the] a
30   crane operator or well driller is in the immediate area of [the]

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 1   a trainee, within visual sighting distance and able to
 2   effectively communicate with the trainee.
 3      "Modifying."    Altering the physical construction of an
 4   existing well after initial completion, including development,
 5   redevelopment or reconditioning of an existing well.
 6      "National association."     The National Ground Water
 7   Association.
 8      "Registered drilling company."       A business entity, including
 9   a corporation, partnership, sole proprietorship, limited
10   liability company, business trust or other association, estate,
11   trust or foundation, which is registered with the department and
12   employs licensed well drillers to drill or construct a well or
13   boring.
14      "Rig."   Equipment used for drilling, boring, coring, washing,
15   jetting, driving or digging earth materials or for lifting and
16   installing well and pump equipment.
17      "State association."     The Pennsylvania Ground Water
18   Association.
19      "Trainee."   An individual who has not been issued a license
20   under this act or obtained certification but who is authorized
21   to operate a crane or practice well drilling as set forth in
22   this act only when under the immediate supervision of a crane
23   operator or well driller.
24      "Water well."    An excavation or boring constructed by
25   drilling, digging, boring, coring, washing, driving, jetting or
26   other methods to locate, divert or acquire groundwater for
27   purposes including human consumption, irrigation, industrial
28   processes, heating, cooling, groundwater dewatering,
29   investigation, monitoring, testing or remediation.
30      "Well driller."    An individual licensed under this act to

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 1   drill, dig, drive, bore, core, wash, jet, construct, alter,
 2   decommission or repair a water well, geothermal well,
 3   environmental well or geotechnical well. The term does not
 4   include an individual who drills, constructs, modifies or
 5   decommissions an oil or natural gas well regulated under 58
 6   Pa.C.S. Ch. 32 (relating to development), the act of July 25,
 7   1961 (P.L.825, No.359), known as the Oil and Gas Conservation
 8   Law, or the act of December 18, 1984 (P.L.1069, No.214), known
 9   as the Coal and Gas Resource Coordination Act.
10      "Well owner."   An individual or entity owning land on which a
11   well or boring is constructed, modified or decommissioned.
12      Section 3.    The act is amended by adding a section to read:
13   Section 102.1.   Applicability.
14      (a)   Oil and natural gas wells.--This act shall not apply to
15   an individual who drills, constructs, modifies or decommissions
16   an oil or natural gas well regulated under 58 Pa.C.S. Ch. 32
17   (relating to development), the act of July 25, 1961 (P.L.825,
18   No.359), known as the Oil and Gas Conservation Law, or the act
19   of December 18, 1984 (P.L.1069, No.214), known as the Coal and
20   Gas Resource Coordination Act.
21      (b)   Normal agricultural operations.--This act shall not
22   apply to a function performed for normal agricultural operations
23   as defined in section 2 of the act of June 10, 1982 (P.L.454,
24   No.133), referred to as the Right-to-Farm Law.
25      Section 4.    Chapter 3 heading and section 301(a), (b)(3), (c)
26   introductory paragraph and (4), (f) and (g) of the act are
27   amended and subsection (b) is amended by adding paragraphs to
28   read:
29                                CHAPTER 3
30            STATE BOARD OF CRANE OPERATORS AND WELL DRILLERS

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 1   Section 301.      Board.
 2      (a)    Establishment.--There is hereby established the State
 3   Board of Crane Operators and Well Drillers within the
 4   department.
 5      (b)    Composition.--The board shall consist of the following:
 6             * * *
 7             (3)   Four professional crane operator members.
 8      Professional members shall have been actively engaged in
 9      crane-related operations in this Commonwealth for at least
10      five years immediately preceding appointment. Except as set
11      forth in subsection (f), professional crane operator members
12      shall be licensed under this act as crane operators.
13             (4)   Four professional well driller members, including
14      two water well drillers, one geotechnical well driller and
15      one geothermal well driller, who have been actively engaged
16      in well drilling in this Commonwealth for at least five years
17      immediately preceding appointment and are licensed as well
18      drillers under this act, except as provided under subsection
19      (f).
20             (5)   The Secretary of Conservation and Natural Resources
21      or a designee, serving as an ex officio nonvoting member.
22      (c)    Meeting.--The board shall meet within 30 days after the
23   appointment of the initial members and within 30 days after
24   appointment of the initial members under subsection (b)(4) and
25   shall:
26             * * *
27             (4)   Educate the public regarding the requirements of
28      being licensed to operate a crane or drill a well and to hold
29      oneself out as a crane operator or well driller in this
30      Commonwealth.

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 1      * * *
 2      (f)   Professional members and initial appointments.--A
 3   professional member initially appointed to the board pursuant to
 4   this act need not be licensed at the time of appointment but at
 5   the time of appointment must have satisfied eligibility
 6   requirements for licensure, including holding current
 7   certification, as a crane operator or having satisfied
 8   eligibility requirements for licensure as a well driller, as
 9   provided in this act.
10      (g)   Quorum.--A majority of the members of the board shall
11   constitute a quorum. Except for temporary and automatic
12   suspensions under section 705, a member may not be counted as
13   part of a quorum or vote on any issue unless the member is
14   physically or virtually in attendance at the meeting.
15      * * *
16      Section 5.     Section 302(1) and (5) of the act are amended to
17   read:
18   Section 302.     Powers and duties of board.
19      The board shall have the following powers and duties:
20            (1)   To provide for and regulate the licensing of
21      individuals engaged in operating a crane and individuals
22      engaged in well drilling.
23            * * *
24            (5)   To promulgate and enforce regulations, not
25      inconsistent with this act, as necessary only to carry into
26      effect the provisions of this act. This paragraph includes
27      the setting of fees and the adoption of standards for
28      certification of crane operators and licensing of well
29      drillers. Regulations shall be adopted in conformity with the
30      provisions of the act of July 31, 1968 (P.L.769, No.240),

20260HB2302PN3025                    - 7 -
 1      referred to as the Commonwealth Documents Law, and the act of
 2      June 25, 1982 (P.L.633, No.181), known as the Regulatory
 3      Review Act.
 4            * * *
 5      Section 6.     Section 501(a), (b), (c), (d), (e) heading and
 6   (g) heading of the act are amended and the section is amended by
 7   adding subsections to read:
 8   Section 501.     Licensure.
 9      (a)   General rule.--Except as provided in subsection (c), an
10   individual may not operate a crane or drill a well, offer
11   himself for employment as an individual who may operate a crane
12   or drill a well or hold himself out as a crane operator or well
13   driller unless licensed by the board.
14      (b)   Business entities.--Except as provided in [subsection]
15   subsections (c) and (c.1), an individual, corporation,
16   partnership, firm or other entity shall not employ an individual
17   to operate a crane or drill a well or allow or direct an
18   individual to operate a crane or drill a well unless the
19   individual is licensed under this act.
20      (c)   [Trainee] Crane operator trainees.--For purposes of
21   acquiring the experience necessary to obtain certification, a
22   crane operator trainee who has passed a written examination of
23   the National Commission for the Certification of Crane Operators
24   or of a national association deemed equivalent by the board may
25   operate a crane when under the immediate supervision of a crane
26   operator. In order to qualify as a crane operator trainee under
27   this subsection, the individual must be 18 years of age or older
28   and have demonstrated, to the satisfaction of the person
29   employing the crane operator, that the crane operator trainee is
30   physically capable of operating a crane.

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 1      (c.1)   Well driller trainees.--A well driller trainee who is
 2   not a licensed well driller may engage in well drilling only if
 3   all of the following criteria are met:
 4            (1)   The well driller trainee works under the immediate
 5      supervision of a licensed well driller.
 6            (2)   The licensed well driller is present at the drilling
 7      site while the well driller trainee engages in well drilling.
 8            (3)   The well driller trainee is not primarily
 9      responsible for drilling or operating the drilling apparatus
10      or rig.
11            (4)   The licensed well driller directly supervises no
12      more than three well driller trainees at a time and is on-
13      site while supervising.
14            (5)   The well driller trainee does not directly contract,
15      bid, advertise or accept payment from the client for
16      drilling.
17      (d)   Duty of crane operator and licensed well driller.--When
18   providing immediate supervision to a trainee pursuant to
19   subsection (c) or (c.1), the crane operator or well driller
20   shall have no other duties.
21      (e)   [Title] Crane operator title.--* * *
22      (e.1)   Well driller title.--An individual who holds a license
23   as a well driller, or is maintained on inactive status under
24   section 504(b), shall have the right to use the title "licensed
25   well driller" and the abbreviation "L.W.D." Except as provided
26   in subsection (c.1), no other individual shall use the title
27   "licensed well driller" or the abbreviation "L.W.D." or hold
28   oneself out as being able to drill a well or as being authorized
29   to drill a well.
30      * * *

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 1      (g)    Specialties of crane operators.--* * *
 2      (g.1)    Categories of well drillers.--
 3             (1)   The board shall establish the following categories
 4      for well driller licensure:
 5                   (i)    Expert licensed well driller with the title
 6             "Expert L.W.D."
 7                   (ii)    Specialized licensed well driller with the
 8             title "Specialized L.W.D."
 9                   (iii)    Any other category deemed appropriate by the
10             board.
11             (2)   A licensed well driller in a category under
12      paragraph (1)(i) or (ii) may specialize in one or more of the
13      following well types, subject to qualifications under section
14      507:
15                   (i)    Water well.
16                   (ii)    Geothermal well.
17                   (iii)    Geotechnical well.
18                   (iv)    Environmental well.
19      Section 7.         Sections 502 heading, (a) introductory paragraph,
20   (b) and (c)(1) introductory paragraph, 504(a), 505 and 506(a)
21   introductory paragraph of the act are amended to read:
22   Section 502.       Qualifications for licensure as crane operator.
23      (a)    General rule.--To be eligible to apply for licensure as
24   a crane operator, an applicant must fulfill the following
25   requirements:
26             * * *
27      (b)    Renewal of license.--In the case of a crane operator
28   licensee applying for renewal of license where certification
29   will expire before the biennial renewal cycle will expire, the
30   licensee shall submit evidence satisfactory to the board that

20260HB2302PN3025                         - 10 -
 1   the licensee has renewed certification. Failure to maintain
 2   certification or to submit evidence of renewal of certification
 3   shall subject the licensee to disciplinary action. The board
 4   shall promulgate regulations setting forth the evidence
 5   necessary to demonstrate renewal of certification as provided in
 6   this subsection.
 7      (c)   Convictions prohibited.--
 8            (1)   The board shall not issue a crane operator license
 9      to an individual who has been convicted of a felony under the
10      act of April 14, 1972 (P.L.233, No.64), known as The
11      Controlled Substance, Drug, Device and Cosmetic Act, or an
12      offense under the laws of another jurisdiction which, if
13      committed in this Commonwealth, would be a felony under The
14      Controlled Substance, Drug, Device and Cosmetic Act unless:
15                  * * *
16   Section 504.     Duration of license.
17      (a)   Duration of license.--A license issued pursuant to this
18   act shall be on a biennial basis. The biennial expiration date
19   shall be established by the board in consultation with the
20   commissioner. Application for renewal of a crane operator or
21   well driller license shall biennially be forwarded to an
22   individual holding a current license prior to the expiration
23   date of the current renewal biennium. The application form must
24   indicate whether certification will expire before the biennial
25   renewal cycle will expire.
26      * * *
27   Section 505.     Reporting of multiple licensure.
28      A crane operator or well driller who is also licensed to
29   operate a crane or drill a well in any other state, territory,
30   possession of the United States or country shall report this

20260HB2302PN3025                    - 11 -
 1   information to the board on the biennial registration
 2   application. A licensee shall report any disciplinary action
 3   taken in another state, territory, possession of the United
 4   States or country to the board on the biennial registration
 5   application or within 90 days of final disposition, whichever is
 6   sooner. Multiple licensure shall be noted by the board on the
 7   crane operator's or well driller's record, and the state,
 8   territory, possession or country shall be notified of any
 9   disciplinary actions taken by the board against the crane
10   operator or well driller in this Commonwealth.
11   Section 506.     License without certification.
12      (a)   Eligibility.--For a period commencing on the effective
13   date of regulations promulgated under section 2102 and
14   continuing until December 9, 2011, an individual shall be
15   eligible for licensure as a crane operator without
16   certification, as required by this act, if the individual:
17            * * *
18      Section 8.     The act is amended by adding sections to read:
19   Section 507.     Qualifications for licensure as well driller.
20      (a)   Eligibility.--To be eligible to apply for licensure as a
21   well driller, an applicant must comply with all of the following
22   requirements:
23            (1)   Be of good moral character.
24            (2)   Be at least 18 years of age.
25            (3)   Provide proof of bonding and liability insurance
26      through the applicant's employer or sole proprietorship, as
27      required by section 510.
28            (4)   Be affiliated with a registered drilling company.
29            (5)   Demonstrate proficiency in drilling techniques for
30      the applicable licensure category and specialty by passing a

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 1      board-approved examination under section 509, unless applying
 2      for licensure under section 508.
 3            (6)   Pay the fee established by the board.
 4      (b)   Renewal of license.--In the case of a well driller
 5   licensee applying for renewal of license where certification
 6   will expire before the biennial renewal cycle will expire, the
 7   licensee shall submit evidence satisfactory to the board that
 8   the licensee has renewed certification. Failure to maintain
 9   certification or submit evidence of renewal of certification
10   shall subject the licensee to disciplinary action. The board
11   shall promulgate regulations providing the evidence necessary to
12   demonstrate renewal of certification as provided in this
13   subsection.
14      (c)   Convictions prohibited.--
15            (1)   The board shall not issue a well driller license to
16      an individual who has been convicted of a felony under the
17      act of April 14, 1972 (P.L.233, No.64), known as The
18      Controlled Substance, Drug, Device and Cosmetic Act, or an
19      offense under the laws of another jurisdiction which, if
20      committed in this Commonwealth, would be a felony under The
21      Controlled Substance, Drug, Device and Cosmetic Act unless:
22                  (i)    at least ten years have elapsed from the date of
23            conviction;
24                  (ii)   the individual satisfactorily demonstrates to
25            the board that the individual has made significant
26            progress in personal rehabilitation since the conviction
27            such that licensure of the individual should not be
28            expected to create a substantial risk of harm to the
29            health and safety of well drillers, trainees or the
30            public or a substantial risk of further criminal

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 1            violations; and
 2                  (iii)    the individual otherwise satisfies the
 3            qualifications provided in this act.
 4            (2)   An individual's statement on the application
 5      declaring the absence of a conviction shall be deemed
 6      satisfactory evidence of the absence of a conviction, unless
 7      the board has some evidence to the contrary.
 8   Section 508.     Grandfathering for well drillers.
 9      (a)   Eligibility.--For the first two years after the
10   effective date of this section, an applicant meeting the
11   requirements under section 507 may apply for licensure without
12   examination if the applicant demonstrates all of the following:
13            (1)   For the category of expert licensed well driller:
14                  (i)    Three professional references from the drilling
15            industry.
16                  (ii)    Documentation from a drilling company verifying
17            competency in completing at least 50,000 cumulative feet
18            of drilling for each well type identified in section
19            501(g.1)(2) for which the applicant is seeking licensure
20            within the last five years.
21                  (iii)   Documentation from a drilling company
22            verifying competency in drilling in at least three of the
23            well types identified in section 501(g.1)(2);
24            (2)   For the category of specialized licensed well
25      driller:
26                  (i)    Three professional references from the drilling
27            industry.
28                  (ii)    Documentation from a drilling company verifying
29            competency in completing at least 30,000 cumulative feet
30            of drilling for the specific well type for which the

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 1            applicant is seeking licensure within the last five
 2            years.
 3      (b)   Applicability.--The provisions of this section shall not
 4   apply two years after the effective date of this section.
 5   Section 509.      Examination for licensure as well driller.
 6      (a)   Eligibility.--An applicant for licensure as a well
 7   driller shall meet the requirements under section 507 and any
 8   additional criteria established by the board to be eligible to
 9   take the examination for licensure as a well driller and for the
10   board to consider the results of the examination.
11      (b)   Fees.--An applicant for licensure as a well driller
12   shall register for the applicable examination through an
13   authorized provider and pay the appropriate fees.
14      (c)   Required examinations.--The board will determine which
15   examinations are applicable for each drilling technique and
16   licensing category or specialty. Applicants are required to take
17   the applicable examinations, as determined by the board, for
18   consideration for licensure.
19      (d)   Results.--An applicant for licensure as a well driller
20   shall ensure examination results are submitted to the board with
21   the application.
22      (e)   Examinations.--The board shall designate examinations
23   for each drilling technique, licensure category and specialty.
24   The national association, State association or another approved
25   entity shall administer the examinations to demonstrate
26   proficiency in drilling methods, drilling equipment operation,
27   well design and construction, geological formation
28   identification, pump system operation and maintenance and other
29   relevant skills.
30      (f)   Passing score.--An applicant for licensure as a well

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 1   driller shall attain a passing score on the applicable
 2   examination, as determined by the board, to be eligible for
 3   licensure.
 4   Section 510.    Bonding and insurance for well drillers.
 5      A well driller, as a well owner, contractor or employee of a
 6   registered drilling company, shall demonstrate that drilling
 7   operations are covered by bonding and liability insurance as
 8   established by the board. For modifications of an existing well,
 9   a well driller shall not be liable for work completed before the
10   effective date of this section or for work completed by another
11   driller. A well driller shall inform well owners of any
12   structural deficiencies or conditions not meeting professional
13   standards and industry regulations under section 512.
14   Section 511.    Continuing education for well drillers.
15      (a)   Requirement.--During each biennial renewal period, a
16   well driller shall complete continuing education as established
17   by the board.
18      (b)   Approved providers.--The board shall establish criteria
19   for approved course providers based on content, instructor
20   qualifications and recommendations from the national association
21   and the State association.
22      (c)   Auditing.--The board shall audit licensed well drillers
23   to verify compliance with continuing education requirements. A
24   well driller must fully respond to audit requests by the board
25   within 30 days of the request or as otherwise specified by the
26   board in the request.
27      (d)   Recordkeeping.--A well driller shall maintain records
28   verifying completion of continuing education requirements for
29   five years after completion. In an audit or disciplinary
30   proceeding, the board may infer from a well driller's failure to

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 1   maintain records as required under this subsection that the well
 2   driller did not complete the required continuing education.
 3      (e)   Implementation.--The board shall implement the auditing
 4   criteria under subsection (c) within two years of the effective
 5   date of this section.
 6   Section 512.   Professional standards and industry regulations
 7               for well drilling.
 8      (a)   Compliance.--A well driller shall comply with all
 9   applicable Federal, State and local laws and regulations.
10      (b)   Building codes.--A well driller shall adhere to relevant
11   provisions of the Chapters 3 and 6 of the International Plumbing
12   Code, including sections 309, 602 and 603, as adopted by
13   Department of Labor and Industry in accordance with Chapter 3 of
14   the act of November 10, 1999 (P.L.491, No.45), known as the
15   Pennsylvania Construction Code Act, and 34 Pa. Code § 403.21
16   (relating to Uniform Construction Code).
17   Section 513.   Additional reporting requirements for well
18               drillers.
19      (a)   Permits.--A well driller shall obtain and maintain all
20   required permits and certifications before and during well
21   construction or modification in accordance with Federal, State
22   and local laws and regulations.
23      (b)   Well testing.--A well driller shall comply with well
24   testing requirements and reporting in accordance with Federal,
25   State and local laws and regulations.
26      (c)   Intent to drill.--Within 72 hours of entering a
27   contract, written or oral, to drill a well, a well driller shall
28   submit a notice of intent to drill through PaGWISDriller or
29   another form specified by the Department of Conservation and
30   Natural Resources, including the well owner's name and address,

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 1   the township and county where the well will be located and the
 2   approximate drilling start date. The Department of Conservation
 3   and Natural Resources shall share the notice with the department
 4   upon request.
 5      (d)   Completion reports.--Within 10 days of completing a
 6   water well or geothermal well, a well driller shall submit a
 7   record through PaGWISDriller or another form specified by the
 8   Department of Conservation and Natural Resources, which includes
 9   the exact geographic location of the well and a log of the well
10   containing a description of materials penetrated, the size and
11   depth, the diameters and lengths of casing and screen installed,
12   the static and pumping level, the yield and any other
13   information pertaining to the construction or operation of the
14   well as required by the Department of Conservation and Natural
15   Resources. The Department of Conservation and Natural Resources
16   shall provide access to the report to the department within 10
17   days of receipt of the report.
18      (e)   Decommissioning.--At least 10 days before
19   decommissioning a well, a well driller shall submit a record
20   through PaGWISDriller or another form specified by the
21   Department of Conservation and Natural Resources. The board, in
22   consultation with the Department of Conservation and Natural
23   Resources, shall promulgate regulations for effectively sealing
24   and decommissioning wells.
25      (f)   Modifications.--Within 10 days of modifying a well, a
26   licensed well driller shall submit a record of the modification
27   through PaGWISDriller or another form specified by the
28   Department of Conservation and Natural Resources.
29   Section 514.    Sampling.
30      (a)   Core samples.--Upon receiving a notice of intent to

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 1   drill from a well driller, the Department of Conservation and
 2   Natural Resources may request samples of core cuttings for
 3   research within two business days after receiving the notice.
 4   The Department of Conservation and Natural Resources shall
 5   provide the well driller with containers for the samples.
 6      (b)   Additional testing.--The Department of Conservation and
 7   Natural Resources, in consultation with the Department of
 8   Environmental Protection and Department of Health, may recommend
 9   additional inspections or tests to ensure public safety and
10   health, establishing protocols and thresholds accordingly.
11   Section 515.    Well driller license identification.
12      (a)   License contents.--The board shall issue each well
13   driller a license identifying all of the following:
14            (1)   The licensee's name.
15            (2)   The licensure category and any specialty.
16            (3)   The license number.
17            (4)   The license expiration date.
18      (b)   Possession.--A well driller shall carry a valid and
19   current license while engaging in well drilling and present the
20   license upon request by an authorized official.
21   Section 516.    Drilling company and rig registration.
22      (a)   Company registration.--A drilling company shall register
23   with the board and employ or contract only with well drillers
24   licensed to conduct well drilling in this Commonwealth.
25      (b)   Rig registration.--A drilling company shall register and
26   title each rig with the Department of Transportation in
27   accordance with 75 Pa.C.S. Chs. 11 (relating to certificate of
28   title and security interests) and 49 (relating to size, weight
29   and load).
30      (c)   Rig possession.--A well driller shall possess the rig

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 1   registration while rig is in operation.
 2   Section 517.    Exemptions.
 3      A well driller designated as a prequalified geotechnical
 4   drilling contractor under the Department of Transportation's
 5   Publication 222, Geotechnical Investigation Manual, shall be
 6   exempt from geotechnical well driller licensure requirements for
 7   work contracted by the Department of Transportation to
 8   specifically drill geotechnical wells or borings.
 9   Section 518.    Agricultural operations.
10      Nothing in this act shall be construed to apply to functions
11   performed for normal agricultural operations as defined in
12   section 2 of the act of June 10, 1982 (P.L.454, No.133),
13   referred to as the Right-to-Farm Law.
14      Section 9.    Section 702(b)(1), (2) and (3) of the act are
15   amended to read:
16   Section 702.    Violation of act.
17      * * *
18      (b)   Civil penalty.--In addition to any other civil remedy or
19   criminal penalty provided for in this act, the board, by a vote
20   of the majority of the maximum number of the authorized
21   membership of the board as provided by law or by a vote of the
22   majority of the duly qualified and confirmed membership or a
23   minimum of five members, whichever is greater, may levy a civil
24   penalty of up to $1,000 on any of the following:
25            (1)   A crane operator or well driller who violates a
26      provision of this act.
27            (2)   An individual who operates a crane or drills a well
28      in violation of this act.
29            (3)   An individual who holds himself out as a crane
30      operator or well driller without being properly licensed as

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 1      provided in this act. This paragraph shall not apply to a
 2      trainee under section 501(c).
 3            * * *
 4      Section 10.     Section 703(a)(1), (2), (4)(i), (7) and (10) and
 5   (b) introductory paragraph of the act are amended and subsection
 6   (a) is amended by adding a paragraph to read:
 7   Section 703.     Refusal, suspension or revocation of license.
 8      (a)   General rule.--The board may refuse, suspend or revoke a
 9   license in a case where the board finds:
10            (1)   The licensee is negligent or incompetent in
11      operating a crane or drilling a well.
12            (2)   The licensee is unable to operate a crane or drill a
13      well with reasonable skill and safety by reason of mental or
14      physical illness or condition or physiological or
15      psychological dependence upon alcohol, hallucinogenic or
16      narcotic drugs or other drugs which tend to impair judgment
17      or coordination, so long as such dependence shall continue.
18      In enforcing this paragraph, the board shall, upon probable
19      cause, have authority to compel a licensee to submit to a
20      mental or physical examination as designated by the board.
21      After notice, hearing, adjudication and appeal failure of a
22      licensee to submit to such examination when directed shall
23      constitute an admission of the allegations unless failure is
24      due to circumstances beyond the licensee's control,
25      consequent upon which a default and final order may be
26      entered without the taking of testimony or presentation of
27      evidence. A licensee affected under this paragraph shall at
28      reasonable intervals be afforded the opportunity to
29      demonstrate that the licensee can resume competent, safe and
30      skillful operation of a crane or drilling of a well.

20260HB2302PN3025                    - 21 -
 1            * * *
 2            (4)    The licensee has committed fraud or deceit in:
 3                   (i)   the operation of a crane or the drilling of a
 4            well; or
 5                   * * *
 6            (7)    With respect to the operation of a crane or the
 7      drilling of a well, the licensee has acted in such a manner
 8      as to present an immediate and clear danger to health, safety
 9      or property.
10            * * *
11            (10)    The licensee falsely advertised or made misleading,
12      deceptive, untrue or fraudulent material representations
13      regarding licensure, certification or operation of a crane or
14      the drilling of a well.
15            (11)    The well driller licensee has failed to comply with
16      relevant provisions of Chapters 3 and 6 of the International
17      Plumbing Code, including sections 309, 602 and 603, as
18      adopted by the Department of Labor and Industry in accordance
19      with Chapter 3 of the act of November 10, 1999 (P.L.491,
20      No.45), known as the Pennsylvania Construction Code Act, and
21      34 Pa. Code § 403.21 (relating to Uniform Construction Code).
22      (b)   Acts authorized.--When the board finds that the license
23   of crane operator or well driller may be refused, revoked or
24   suspended pursuant to subsection (a), the board may:
25            * * *
26      Section 11.        Section 705 of the act is amended to read:
27   Section 705.      Temporary and automatic suspensions.
28      (a)   General rule.--A license issued under this act may be
29   temporarily suspended under circumstances determined by the
30   board to be an immediate and clear danger to public health or

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 1   safety. The board shall issue an order to that effect without a
 2   hearing, but upon due notice, to the licensee concerned at the
 3   licensee's last known address, which shall include a written
 4   statement of all allegations against the licensee. The
 5   provisions of section 704 shall not apply to temporary
 6   suspension. Formal action to suspend, revoke or restrict the
 7   license of the crane operator or well driller shall be commenced
 8   as otherwise provided for in this act. All actions shall be
 9   taken promptly and without delay. Within 30 days following the
10   issuance of an order temporarily suspending a license, the board
11   shall conduct or cause to be conducted a preliminary hearing to
12   determine that there is a prima facie case supporting the
13   suspension. The crane operator or well driller whose license has
14   been temporarily suspended may be present at the preliminary
15   hearing and may be represented by counsel, cross-examine
16   witnesses, inspect physical evidence, call witnesses, offer
17   evidence and testimony and make a record of the proceedings. If
18   it is determined that there is not a prima facie case, the
19   suspended license shall be immediately restored. The temporary
20   suspension shall remain in effect until vacated by the board,
21   but in no event longer than 180 days.
22      (b)   Commitment of crane operator or well driller.--A license
23   issued under this act shall automatically be suspended upon the
24   legal commitment of a crane operator or well driller to an
25   institution because of mental incompetency from any cause upon
26   filing with the board a certified copy of such commitment,
27   conviction of a felony under the act of April 14, 1972 (P.L.233,
28   No.64), known as The Controlled Substance, Drug, Device and
29   Cosmetic Act, or conviction of an offense under the laws of
30   another jurisdiction, which, if committed in Pennsylvania, would

20260HB2302PN3025                  - 23 -
 1   be a felony under The Controlled Substance, Drug, Device and
 2   Cosmetic Act. Automatic suspension under this subsection shall
 3   not be stayed pending an appeal of a conviction. Restoration of
 4   the license shall be made as provided in the case of revocation
 5   or suspension of a license.
 6      Section 12.   Repeals are as follows:
 7          (1)   The General Assembly declares that the repeal under
 8      paragraph (2) is necessary to effectuate this act.
 9          (2)   The act of May 29, 1956 (1955 P.L.1840, No.610),
10      known as the Water Well Drillers License Act, is repealed.
11      Section 13.   This act shall take effect in 60 days.




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