*HB1352.2*
Reprinted
January 31, 2024
HOUSE BILL No. 1352
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DIGEST OF HB 1352 (Updated January 30, 2024 3:13 pm - DI 150)
Citations Affected: IC 16-41; IC 36-11.
Synopsis: Inspection of residential onsite sewage systems. Establishes
when a local health department and other local officers or employees
may inspect a residential onsite sewage system. Allows a nonresidential
onsite sewage system to be installed in a lot if at least one site on the
lot is determined to be suitable for the installation of the nonresidential
onsite sewage system. Provides that a district or local health
department may not assess a periodic permit or inspection fee that
exceeds the actual cost of the inspection incurred by the district or local
health department on an onsite sewage system or an onsite residential
sewage discharging disposal system (as defined in IC 13-11-2-144.7).
Effective: Upon passage; July 1, 2024.
Morris, Judy, Pressel, Miller D
January 10, 2024, read first time and referred to Committee on Environmental Affairs.
January 18, 2024, reported — Do Pass.
January 30, 2024, read second time, amended, ordered engrossed.
HB 1352—LS 7036/DI 150 Reprinted
January 31, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1352
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-41-25-8.7 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 8.7. (a) As used in this section,
4 "lot" means the parcel of real property on which any one (1) of the
5 following has been constructed or is proposed for construction:
6 (1) An apartment building.
7 (2) A church or other place of worship.
8 (3) A commercial establishment.
9 (4) A condominium.
10 (5) A medical facility.
11 (6) A motel.
12 (7) An office building.
13 (8) A restaurant.
14 (9) A school.
15 (b) A nonresidential onsite sewage system (as defined in
16 IC 16-19-3.5-3.5) may be installed in a lot described in subsection
17 (a) if at least one (1) site on the lot is determined to be suitable for
HB 1352—LS 7036/DI 150 2
1 the installation of the nonresidential onsite sewage system (as
2 defined in IC 16-19-3.5-3.5).
3 SECTION 2. IC 16-41-25-10, AS ADDED BY P.L.232-2023,
4 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 10. (a) Neither an officer or employee of a local
6 health department nor another agency, officer, or employee of a county,
7 city, or town may enter property on which a residential onsite sewage
8 system is located for the purpose of inspecting the residential onsite
9 sewage system if, not more than one hundred eighty (180) days before
10 the date of the inspection, the owner or occupant of the residence
11 served by the residential onsite sewage system and:
12 (1) a septic system installer or inspector registered with the
13 county in which the residential onsite sewage system is located;
14 (2) an onsite sewage system technician; or
15 (3) an Indiana professional engineer registered under IC 25-31-1;
16 state in a writing transmitted to the local health department, county,
17 city, or town that the residential onsite sewage system is functioning
18 properly.
19 (b) Subject to subsection (d), if subsection (a) does not apply, an
20 officer or employee of a local health department or another officer or
21 employee of a county, city, or town may not enter property on which a
22 residential onsite sewage system is located for the purpose of
23 inspecting the residential onsite sewage system unless the owner or
24 occupant of the residence served by the residential onsite sewage
25 system is given notice of the inspection by first class mail addressed to
26 the residence at least seven (7) days before the day of the inspection.
27 (c) Subject to subsection (d), an officer or employee of a local
28 health department may inspect residential onsite sewage systems
29 and onsite residential sewage discharging disposal systems (as
30 defined in IC 13-11-2-144.7) after installation if:
31 (1) a manufacturer of a residential onsite sewage system requires
32 inspection of the system multiple times a year, an owner of the
33 property on which a residential onsite sewage system is located
34 may request an officer or employee of a local health department
35 or another agency, officer, or employee of a county, city, or town
36 to inspect the residential onsite sewage system located on the
37 owner's property, but the inspection may only occur if the owner
38 of the residential onsite sewage system invites the inspector to the
39 property. the manufacturer of a residential onsite sewage
40 system requires inspection of the system multiple times a
41 year;
42 (2) an inspection of the residential onsite sewage system is
HB 1352—LS 7036/DI 150 3
1 otherwise mandated by a state or federal law;
2 (3) an owner of the property on which a residential onsite
3 sewage system is located requests an officer or employee of a
4 local health department or another agency, officer, or
5 employee of a county, city, or town to inspect the residential
6 onsite sewage system located on the owner's property; or
7 (4) a complaint is filed with the local health department
8 requiring an inspection or inspections to protect the health of
9 the community.
10 (d) An advance notice to the owner or occupant of the residence is
11 not required under subsection (b) in an urgent situation caused by a
12 malfunction of the residential onsite sewage system that creates a clear
13 and immediate danger to the public's health, safety, or property.
14 SECTION 3. IC 36-11-2-2 IS ADDED TO THE INDIANA CODE
15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
16 UPON PASSAGE]: Sec. 2. A district or local health department
17 may not assess a periodic permit or inspection fee that exceeds the
18 actual cost of the inspection incurred by the district or local health
19 department on an onsite sewage system or an onsite residential
20 sewage discharging disposal system (as defined in
21 IC 13-11-2-144.7).
22 SECTION 4. An emergency is declared for this act.
HB 1352—LS 7036/DI 150 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Environmental Affairs, to which
was referred House Bill 1352, has had the same under consideration
and begs leave to report the same back to the House with the
recommendation that said bill do pass.
(Reference is to HB 1352 as introduced.)
MORRISON
Committee Vote: Yeas 12, Nays 0
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HOUSE MOTION
Mr. Speaker: I move that House Bill 1352 be amended to read as
follows:
Page 2, delete lines 27 through 42, begin a new paragraph and
insert:
"(c) Subject to subsection (d), an officer or employee of a local
health department may inspect residential onsite sewage systems
and onsite residential sewage discharging disposal systems (as
defined in IC 13-11-2-144.7) after installation if:
(1) a manufacturer of a residential onsite sewage system requires
inspection of the system multiple times a year, an owner of the
property on which a residential onsite sewage system is located
may request an officer or employee of a local health department
or another agency, officer, or employee of a county, city, or town
to inspect the residential onsite sewage system located on the
owner's property, but the inspection may only occur if the owner
of the residential onsite sewage system invites the inspector to the
property. the manufacturer of a residential onsite sewage
system requires inspection of the system multiple times a
year;
(2) an inspection of the residential onsite sewage system is
otherwise mandated by a state or federal law;
(3) an owner of the property on which a residential onsite
sewage system is located requests an officer or employee of a
local health department or another agency, officer, or
employee of a county, city, or town to inspect the residential
onsite sewage system located on the owner's property; or
(4) a complaint is filed with the local health department
requiring an inspection or inspections to protect the health of
the community.".
HB 1352—LS 7036/DI 150 5
Page 3, delete line 1.
Page 3, delete lines 6 through 10, begin a new paragraph and insert:
"SECTION 3. IC 36-11-2-2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. A district or local health department
may not assess a periodic permit or inspection fee that exceeds the
actual cost of the inspection incurred by the district or local health
department on an onsite sewage system or an onsite residential
sewage discharging disposal system (as defined in
IC 13-11-2-144.7).
SECTION 4. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1352 as printed January 18, 2024.)
PRESSEL
HB 1352—LS 7036/DI 150