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West VirginiaHB 42152026 Regular SessionHouseWALLET

Department of Health Rules Bundle

Sponsored By: Doug Smith (Republican)

Signed by Governor

§64-5-1

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 0 benefits, 2 costs, 4 mixed.

Penalties for breaking well rules

If you break these well rules, you face civil or administrative penalties. The Commissioner can deny, suspend, or revoke your certification for false information or violations. The Commissioner must give written reasons and at least 10 days’ notice. If your certification is suspended or revoked, you must stop well work as directed.

Bonds and IDs for well contractors

Well and pump contractors must keep a bond (set by the state, capped at $5,000) and statewide liability insurance. The state can deny permits if the bond is not current. A surety may cancel a bond with at least 30 days’ notice, or a bank letter of credit may be used instead. Drilling rigs must display the responsible driller’s certification number on each side in numbers at least two inches tall. Each well must have a metal tag or engraved cap with the contractor’s name, address, permit number, well depth, and the date of construction or alteration.

Licensing rules for well drillers

The law sets master, journeyman, and apprentice licenses for well drillers and certified and apprentice pump installers. Masters can drill all wells, including public water-supply wells; journeymen cannot drill public-supply wells; apprentices need on-site supervision. Masters and journeymen need two years and 3,000 hours of experience and at least 70% on each exam part. Pump installers need two years and 1,000 hours. Applicants must be 18, or 16 with 10th grade and required school performance. To renew, masters need 6 hours of continuing education every two years (plus 4 for pump work), journeymen need 4 hours (plus 2 for pump work), and pump installers need 4 hours. People working toward certification must register with the state within 180 days of the rule’s effective date. Pump installers active on the effective date can skip new testing if they submit proof within one year of 10 installs in the past two years.

Well permits, timelines, and fees

You must get a state permit before drilling, changing, or closing a water well. The contractor and the property owner apply together at least 15 days before work. A permit lasts one year; you can ask in writing for an extension. In an emergency, a certified driller must call by the next business day and file the application and a completion report within five days. Routine repairs like cleaning or screen changes do not need a permit if they do not deepen the well. The state charges fees for permitting services listed in Appendix A. Certified drillers must file a completion report within 30 days; two copies go to the state and one to the owner.

Who may install well pumps

Licensed plumbers may install pressure switches, tanks, valves, and pipes without pump‑installer certification. They may not break the well seal or alter the casing unless they hold pump‑installer certification, or they pass the pump exam with at least 70% and complete two hours of continuing education. Licensed electricians may do electrical work for pumps but cannot break the seal or alter casing unless certified as pump installers. A homeowner may install a pump after passing the Commissioner’s exam with a score of 70% or higher.

Stronger state oversight of water wells

The law creates a statewide certification and permit program for well drilling and pump installation. The Commissioner enforces these rules and can inspect wells during construction or operation, including taking water samples. Owners or occupants must allow access, and the state records findings. The Commissioner may set up a Water Well Advisory Board with master drillers, a pump installer, public health and environment staff, a local health representative, a public member, and an expert to advise on training and tests.

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Sponsors & Cosponsors

Sponsor

  • Doug Smith

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 432 • No: 17

House vote • 2/27/2026

House concurred in Senate amendment and passed bill (Roll No. 211)

Yes: 93 • No: 3

House vote • 2/27/2026

Effective from passage (Roll No. 214)

Yes: 93 • No: 3

Senate vote • 2/25/2026

Effective from passage (Roll No. 234)

Yes: 33 • No: 0

Senate vote • 2/25/2026

Passed Senate (Roll No. 233)

Yes: 34 • No: 0

House vote • 1/28/2026

Effective from passage (Roll No. 25)

Yes: 91 • No: 4

House vote • 1/28/2026

Passed House (Roll No. 24)

Yes: 88 • No: 7

Actions Timeline

  1. Approved by Governor 3/9/2026

    3/9/2026House

  2. Approved by Governor 3/9/2026 - Senate Journal

    3/9/2026Senate

  3. To Governor 3/2/2026 - Senate Journal

    3/4/2026Senate

  4. To Governor 3/2/2026

    3/3/2026House

  5. House Message received

    3/2/2026Senate

  6. House received Senate message

    2/27/2026House

  7. House concurred in Senate amendment and passed bill (Roll No. 211)

    2/27/2026House

  8. Effective from passage (Roll No. 214)

    2/27/2026House

  9. Communicated to Senate

    2/27/2026House

  10. Completed legislative action

    2/27/2026House

  11. On 3rd reading

    2/25/2026Senate

  12. Read 3rd time

    2/25/2026Senate

  13. Passed Senate (Roll No. 233)

    2/25/2026Senate

  14. Comm. title amendment adopted

    2/25/2026Senate

  15. Effective from passage (Roll No. 234)

    2/25/2026Senate

  16. Senate requests House to concur

    2/25/2026Senate

  17. On 2nd reading

    2/24/2026Senate

  18. Read 2nd time

    2/24/2026Senate

  19. Committee amendment adopted (Voice vote)

    2/24/2026Senate

  20. On 1st reading

    2/23/2026Senate

  21. Read 1st time

    2/23/2026Senate

  22. Reported do pass, with amendment and title amendment

    2/21/2026Senate

  23. Introduced in Senate

    1/30/2026Senate

  24. To Judiciary

    1/30/2026Senate

  25. To Judiciary

    1/30/2026Senate

Bill Text

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