The Senate Workforce Development Committee on Thursday recommended a do-pass for Senate Bill 2058, a bill that would move routine operational provisions for the North Dakota Board of Water Well Contractors from the North Dakota Century Code into administrative rules and repeal duplicate statutory language.
Supporters told the committee the measure is a technical cleanup intended to make the board’s operating procedures more flexible and to remove duplicated language between statute and administrative code.
Rex Honeyman, manager of the subsurface exploration section at the Department of Water Resources and the department’s representative to the Board of Water Well Contractors, told the committee the board completed a two-year review of its rules and administrative code and that the changes are the final step in that process. "Senate Bill 2058 is the result of a 2 year long process," Honeyman said. He described the bill as stemming from the board’s effort to update and consolidate guidance and operational language that had become duplicated in statute and rule.
Lauren Dewitz, chair of the North Dakota Board of Water Well Contractors, said the board was established to enforce the state’s provisions on groundwater protection and currently oversees licensure for 149 contractors, pump and pitless unit installers, geothermal and monitoring well contractors. "Senate Bill 2058 is a result of a 2 year long process aiming to transition the operational aspects of the board from century code to administrative code," Dewitz said, adding the board intends to remain transparent and responsive in continuing-education and certification matters.
Committee members asked whether removing continuing-education language from statute would eliminate existing requirements. Honeyman and Dewitz said the intent is not to remove the requirement, only to relocate the operational details to administrative code where they can be updated more efficiently; they said existing bonding requirements remain in statute. The bill’s fiscal note was read into the record and described as showing no fiscal impact.
Senator Larson moved a do-pass recommendation and Senator Axman seconded. The committee voted unanimously to recommend do-pass; recorded yes votes included Chairman Wabumna (yes), Vice Chairman Axman (yes), Senator Larson (yes), Senator Bauch (yes) and Senator Powers (yes). Senator Larson agreed to carry the bill to the full Senate. The committee closed the hearing on Senate Bill 2058.
The bill as presented would repeal language that board witnesses said is duplicated in administrative code and would explicitly move continuing-education preapproval procedures into administrative rulemaking, while retaining the board’s and department’s oversight functions.