HB 1402 Indiana House · 2023 Regular Session

Sewage matters.

Summary
Provides that a wastewater utility that is not subject to the jurisdiction of the Indiana utility regulatory commission (commission) and that receives wholesale wastewater service from another wastewater utility may not: (1) disconnect from wholesale wastewater service provided by the other wastewater utility; and (2) construct a new wastewater treatment plant to serve its customers; unless the wastewater utility obtains the approval of the commission. Requires: (1) a regional sewage district; or (2) certain municipalities; at least 90 days before requiring the connection of a property to a sewer system and the discontinuance of use of the property's septic system, to notify the property's owner about a statutory exemption from the requirement to connect to the sewer system that may apply to the property. Requires the Indiana department of health to update: (1) all matters incorporated by reference in the Indiana department of health rules concerning residential onsite sewage systems (the rules); and (2) all industry standard practices reflected in the rules; upon the recognition of new bulletins, standards, specifications, and industry standard practices that supersede the bulletins, standards, specifications, and industry standard practices incorporated by reference or otherwise reflected in the rules. Provides that the technical review panel must approve the updates before the Indiana department of health may update the rules. Provides that a county, city, or town ordinance that would restrict or prohibit the use of technology new to Indiana that has been approved by the technical review panel or that would otherwise vary from the rules: (1) if adopted after June 30, 2023, is not effective unless it is submitted to and approved by the technical review panel; and (2) if adopted before July 1, 2023, becomes void and unenforceable on July 1, 2023. Allows such an ordinance: (1) to be readopted by the legislative body of the county, city, or town; and (2) to be submitted to and approved by the technical review panel. Prohibits the installation of a residential onsite sewage system less than 25 feet from the edge of a sinkhole. Provides that an ordinance adopted by a local health department requiring an inspection of a septic system that is more stringent than the Indiana department of health's rule concerning residential onsite sewage systems is void and unenforceable. Provides that if a qualified professional listed in this bill has approved the design and specifications for the residential onsite sewage system, the local health department shall issue a permit for the residential onsite sewage system not more than 30 business days after receiving a complete application for the permit. Provides that a residential onsite sewage system may be installed in a lot meeting a certain description if at least one site on the lot is determined to be suitable for the installation of the residential onsite sewage system. Prohibits an employee of a local health department from entering a property to inspect a residential onsite sewage system: (1) if qualified professional listed in the bill has notified the local health department within the preceding 180 days that the residential onsite sewage system is functioning properly; or (2) if the owner or occupant has not been notified of the inspection by first class mail at least seven days before the inspection date. Provides the procedures for an owner or occupant of a property in which the local health department has determined that a residential onsite sewage system is in failure to receive a second opinion in order to withdraw the local health department's order. Provides that an individual who: (1) is registered with at least one Indiana county to provide onsite sewage system service; and (2) is certified as an inspector or installer by the Indiana Onsite Wastewater Professionals Association is entitled to provide onsite sewage system service in any county in Indiana, but may be required to pay a county license or registration fee before providing onsite sewage system service in a county other than the county in which the individual is licensed.
Bill status signed all 5 stages cleared
Introduction
Jan 2023
Committee Review
Apr 2023
House Passage
May 2023
Senate Passage
Apr 2023
Signed into Law
May 2023
Introduced Jan 17, 2023 Signed May 4, 2023
Floor votes · Senate Apr 3, 2023

How they voted

460
Passed · 2 other
Total votes 48
Apr 3, 2023
D Democratic10
9 Yea 1
90% Yea
R Republican38
37 Yea 1
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
10
Committee
4
Amendments
1
May 4, 2023
Signed into law
Signed by the Governor
executive
May 1, 2023
Lower · Passed
Signed by the Speaker
lower
Apr 28, 2023
Upper · Passed
Signed by the President of the Senate
upper
Apr 28, 2023
Upper · Passed
Signed by the President Pro Tempore
upper
Apr 27, 2023
Upper · Passed
Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 509: yeas 44, nays 5
upper
Apr 27, 2023
Lower · Passed
Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 526: yeas 94, nays 0
lower
Apr 4, 2023
Introduced
House dissented from Senate amendments
lower
Apr 3, 2023
Upper · Passed
Third reading: passed; Roll Call 292: yeas 48, nays 0
upper
Mar 28, 2023
Upper · Passed
Committee report: amend do pass, adopted
upper
Feb 21, 2023
Lower · Passed
Third reading: passed; Roll Call 180: yeas 92, nays 0
lower
Feb 16, 2023
Lower · Passed
Committee report: amend do pass, adopted
lower
3 primary · 1 co-sponsor

Sponsors