HB 1402 IN

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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.

• Jim Pressel Republican · author
• Rick Niemeyer Republican · sponsor
• Chip Perfect · sponsor

1. Jan 17, 2023 Authored by Representative Pressel · lower
2. Jan 17, 2023 First reading: referred to Committee on Environmental Affairs · lower
3. Feb 16, 2023 Committee report: amend do pass, adopted · lower
4. Feb 16, 2023 Representative Miller D added as coauthor · lower
5. Feb 20, 2023 Second reading: ordered engrossed · lower
6. Feb 21, 2023 Senate sponsors: Senators Niemeyer and Perfect · lower
7. Feb 21, 2023 Third reading: passed; Roll Call 180: yeas 92, nays 0 · lower
8. Feb 22, 2023 Referred to the Senate · lower
9. Mar 6, 2023 First reading: referred to Committee on Environmental Affairs · upper
10. Mar 28, 2023 Committee report: amend do pass, adopted · upper
11. Mar 30, 2023 Second reading: ordered engrossed · upper
12. Apr 3, 2023 Third reading: passed; Roll Call 292: yeas 48, nays 0 · upper
13. Apr 4, 2023 Returned to the House with amendments · upper
14. Apr 4, 2023 Motion to dissent filed · lower
15. Apr 4, 2023 House dissented from Senate amendments · lower
16. Apr 6, 2023 House conferees appointed: Pressel and Errington · lower
17. Apr 6, 2023 House advisors appointed: Morris, Morrison, Bauer M and Jackson · lower
18. Apr 13, 2023 Senate conferees appointed: Niemeyer and Yoder · upper
19. Apr 13, 2023 Senate advisors appointed: Niezgodski and Perfect · upper
20. Apr 26, 2023 CCR # 1 filed in the House · lower
21. Apr 26, 2023 CCR # 1 filed in the Senate · upper
22. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 526: yeas 94, nays 0 · lower
23. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 509: yeas 44, nays 5 · upper
24. Apr 28, 2023 Signed by the President Pro Tempore · upper
25. Apr 28, 2023 Signed by the President of the Senate · upper
26. May 1, 2023 Signed by the Speaker · lower
27. May 4, 2023 Signed by the Governor · executive
28. May 4, 2023 Public Law 232 · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · Apr 27, 2023 · PDF
• Introduced House Bill (H) · Jan 17, 2023 · PDF
• House Bill (H) · Feb 16, 2023 · PDF
• House Bill (S) · Mar 28, 2023 · PDF