Indiana 2025 Regular Session

Indiana House Bill HB1610 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1610
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-31.7.
7	7	Synopsis: Onsite wastewater industry registry. Provides that beginning
8	8	January 1, 2026, an individual may not engage in onsite sewage system
9	9	service of a residential onsite sewage system in Indiana unless the
10	10	individual registers with the board of registration for onsite wastewater
11	11	professionals (board) as an onsite wastewater professional. Requires
12	12	the board to adopt management rules to implement the registration
13	13	program and to maintain a public registry of registered onsite
14	14	wastewater professionals.
15	15	Effective: July 1, 2025.
16	16	Criswell
17	17	January 21, 2025, read first time and referred to Committee on Environmental Affairs.
18	18	2025 IN 1610—LS 7755/DI 150 Introduced
19	19	First Regular Session of the 124th General Assembly (2025)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2024 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1610
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	professions and occupations.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 25-31.7 IS ADDED TO THE INDIANA CODE AS
34	34	2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
35	35	3 2025]:
36	36	4 ARTICLE 31.7. ONSITE WASTEWATER PROFESSIONALS
37	37	5 Chapter 1. Applicability and Definitions
38	38	6 Sec. 1. (a) This chapter applies to individuals engaged in onsite
39	39	7 sewage system service in Indiana.
40	40	8 (b) The following individuals are exempt from the requirements
41	41	9 of this chapter:
42	42	10 (1) An employee of a local health department performing
43	43	11 official duties.
44	44	12 (2) A property owner performing work on a residential onsite
45	45	13 sewage system serving the property owner's primary
46	46	14 residence, if the work complies with local ordinances.
47	47	15 Sec. 2. The definitions in this chapter apply throughout this
48	48	16 article.
49	49	17 Sec. 3. "Board" means the board of registration for onsite
50	50	2025 IN 1610—LS 7755/DI 150 2
51	51	1 wastewater professionals.
52	52	2 Sec. 4. "Onsite sewage system service" means:
53	53	3 (1) designing;
54	54	4 (2) installing;
55	55	5 (3) inspecting; or
56	56	6 (4) providing maintenance and repair services for;
57	57	7 a residential onsite sewage system or onsite residential sewage
58	58	8 discharging disposal system.
59	59	9 Chapter 2. Board of Registration for Onsite Wastewater
60	60	10 Professionals
61	61	11 Sec. 1. The board of registration for onsite wastewater
62	62	12 professionals is established as a continuing board serving the
63	63	13 executive branch of state government. The board shall administer
64	64	14 this article.
65	65	15 Sec. 2. Each member of the board must be:
66	66	16 (1) a resident of Indiana; and
67	67	17 (2) appointed by the governor.
68	68	18 Sec. 3. The board consists of the following five (5) members:
69	69	19 (1) One (1) representative of the department of environmental
70	70	20 management.
71	71	21 (2) One (1) representative of the Indiana department of
72	72	22 health.
73	73	23 (3) One (1) representative of an organization that inspects
74	74	24 residential onsite sewage systems and onsite residential
75	75	25 sewage discharging disposal systems.
76	76	26 (4) One (1) representative of an organization that installs
77	77	27 residential onsite sewage systems and onsite residential
78	78	28 sewage discharging disposal systems.
79	79	29 (5) One (1) representative of the Indiana Onsite Wastewater
80	80	30 Professionals Association (IOWPA).
81	81	31 Sec. 4. (a) Each board member serves a term of four (4) years.
82	82	32 (b) A board member may serve until the member's successor is
83	83	33 appointed and qualified under this chapter.
84	84	34 (c) A board member may not serve more than two (2)
85	85	35 consecutive terms.
86	86	36 Sec. 5. (a) The governor may remove a board member for cause.
87	87	37 (b) A vacancy in the membership of the board is filled by
88	88	38 appointment by the governor for the unexpired term.
89	89	39 Sec. 6. Three (3) members of the board constitute a quorum.
90	90	40 Sec. 7. The affirmative vote of a majority of the total
91	91	41 membership of the board is required for the board to take action
92	92	42 on any matter.
93	93	2025 IN 1610—LS 7755/DI 150 3
94	94	1 Sec. 8. (a) Each year the board shall elect from its members a
95	95	2 chairperson and a secretary.
96	96	3 (b) The chairperson shall serve a term of one (1) year and may
97	97	4 be reappointed as chairperson.
98	98	5 Sec. 9. (a) Each member of the board who is not a state
99	99	6 employee is entitled to the following:
100	100	7 (1) A minimum salary per diem provided by
101	101	8 IC 4-10-11-2.1(b).
102	102	9 (2) Reimbursement for mileage.
103	103	10 (3) Reimbursement for traveling expenses as provided under
104	104	11 IC 4-13-1-4.
105	105	12 (4) Reimbursement for other expenses actually incurred in
106	106	13 connection with the member's duties as provided in the state
107	107	14 policies and procedures established by the Indiana
108	108	15 department of administration and approved by the budget
109	109	16 agency.
110	110	17 (b) Each member of the board who is a state employee but who
111	111	18 is not a member of the general assembly is entitled to the following:
112	112	19 (1) Reimbursement for traveling expenses as provided under
113	113	20 IC 4-13-1-4.
114	114	21 (2) Reimbursement for other expenses actually incurred in
115	115	22 connection with the member's duties as provided in the state
116	116	23 policies and procedures established by the Indiana
117	117	24 department of administration and approved by the budget
118	118	25 agency.
119	119	26 (c) The board shall pay the expenses of the board with money
120	120	27 from the onsite wastewater professional registration fund
121	121	28 established by IC 25-31.7-3-8.
122	122	29 Chapter 3. Duties and Powers of the Board
123	123	30 Sec. 1. (a) The board shall meet:
124	124	31 (1) at least one (1) time each calendar year; and
125	125	32 (2) at other times when:
126	126	33 (A) the chairperson; or
127	127	34 (B) a quorum of the board;
128	128	35 considers a meeting necessary.
129	129	36 (b) Members of the board must be notified of the date, time, and
130	130	37 location of a meeting of the board at least ten (10) days before the
131	131	38 meeting.
132	132	39 Sec. 2. Each year the board shall:
133	133	40 (1) determine the costs incurred in administering the program
134	134	41 for the registration of onsite wastewater professionals under
135	135	42 this article; and
136	136	2025 IN 1610—LS 7755/DI 150 4
137	137	1 (2) if necessary, adjust the amount of the registration fees and
138	138	2 renewal fees paid under IC 25-31.7-4-3;
139	139	3 to ensure that the program is self-supporting.
140	140	4 Sec. 3. (a) The board shall determine the qualifications of
141	141	5 applicants for registration.
142	142	6 (b) The board shall:
143	143	7 (1) require an applicant for registration to submit evidence of
144	144	8 the applicant's qualifications; and
145	145	9 (2) judge an applicant on evidence of the applicant's
146	146	10 professional competency and integrity under rules adopted by
147	147	11 the board.
148	148	12 Sec. 4. (a) The board may adopt rules under IC 4-22-2 to
149	149	13 establish a code of professional conduct for onsite wastewater
150	150	14 professionals.
151	151	15 (b) If the board adopts or amends a code of professional conduct
152	152	16 under subsection (a), the board shall mail a copy of the code and
153	153	17 any amendments to all individuals listed on the public registry
154	154	18 described in IC 25-31.7-4-4.
155	155	19 (c) A mailing under this section constitutes service for purposes
156	156	20 of this article.
157	157	21 Sec. 5. (a) The attorney general shall act as legal adviser to the
158	158	22 board and provide any legal assistance necessary to carry out this
159	159	23 article.
160	160	24 (b) The board may employ private counsel at the expense of the
161	161	25 board.
162	162	26 Sec. 6. (a) The board may enter into a contract with the
163	163	27 department of environmental management or a third party under
164	164	28 which:
165	165	29 (1) the department of environmental management or the third
166	166	30 party provides:
167	167	31 (A) clerical support;
168	168	32 (B) administrative support for the onsite wastewater
169	169	33 professional registration fund established by section 8 of
170	170	34 this chapter;
171	171	35 (C) record keeping services; and
172	172	36 (D) office space;
173	173	37 to the board; and
174	174	38 (2) the board pays compensation to the department of
175	175	39 environmental management or a third party at a rate and at
176	176	40 intervals set by the contract.
177	177	41 (b) The contract entered into under this section may include
178	178	42 provisions under which the department of environmental
179	179	2025 IN 1610—LS 7755/DI 150 5
180	180	1 management or the third party, in exchange for compensation, fills
181	181	2 needs of the board other than those described in subsection (a)(1).
182	182	3 Sec. 7. The board may adopt rules under IC 4-22-2 that are
183	183	4 consistent with this article and reasonably required for the conduct
184	184	5 of the board's responsibilities and duties.
185	185	6 Sec. 8. (a) The onsite wastewater professional registration fund
186	186	7 is established as a separate fund in the department of
187	187	8 environmental management to carry out the purposes of this
188	188	9 article. The fund is administered by the department.
189	189	10 (b) The fund consists of the registration fees and renewal fees
190	190	11 paid under IC 25-31.7-4-3.
191	191	12 (c) The expenses of administering the fund shall be paid from
192	192	13 money in the fund.
193	193	14 (d) The board shall collect all money paid under this article and
194	194	15 deposit the money in the fund.
195	195	16 (e) If required by the board, the department shall obtain a
196	196	17 surety bond conditioned upon the faithful performance of the
197	197	18 department's duties for the board in an amount determined by the
198	198	19 board. The surety bond must be issued by a surety company
199	199	20 authorized to transact business in Indiana. All costs of the surety
200	200	21 bond shall be paid from money in the fund.
201	201	22 (f) The state treasurer shall invest the money in the fund not
202	202	23 currently needed to meet the obligations of the fund in the same
203	203	24 manner as other public funds may be invested. Interest that
204	204	25 accrues from these investments must be deposited in the fund.
205	205	26 (g) Money in the fund at the end of a state fiscal year does not
206	206	27 revert to the state general fund.
207	207	28 Chapter 4. Registration Requirements
208	208	29 Sec. 1. The board shall do the following:
209	209	30 (1) Develop and administer a registration program for onsite
210	210	31 wastewater professionals.
211	211	32 (2) Establish qualifications, training, and examination
212	212	33 requirements for registrants.
213	213	34 (3) Maintain a public registry of registered onsite wastewater
214	214	35 professionals.
215	215	36 (4) Enforce compliance with this article.
216	216	37 Sec. 2. (a) To qualify for registration as an onsite wastewater
217	217	38 professional, an individual shall do the following:
218	218	39 (1) Successfully complete a board certified training course.
219	219	40 (2) Hold all necessary manufacturer certifications.
220	220	41 (3) Pass a board approved examination.
221	221	42 (4) Submit proof of liability insurance in accordance with
222	222	2025 IN 1610—LS 7755/DI 150 6
223	223	1 rules adopted by the board.
224	224	2 (b) The board may waive the examination requirement of this
225	225	3 section for individuals who:
226	226	4 (1) hold an active certificate from a board certified training
227	227	5 course;
228	228	6 (2) hold all necessary manufacturer certifications; or
229	229	7 (3) demonstrate equivalent qualifications or certifications as
230	230	8 determined by rules adopted by the board.
231	231	9 Sec. 3. (a) An individual applying for registration shall do the
232	232	10 following:
233	233	11 (1) Submit an application on a form prescribed by the board.
234	234	12 (2) Pay a nonrefundable registration fee.
235	235	13 (3) Provide evidence of compliance with the qualifications
236	236	14 established by this chapter.
237	237	15 (b) A registration issued under this chapter:
238	238	16 (1) is valid for a period of three (3) years; and
239	239	17 (2) may be renewed at the time of expiration upon:
240	240	18 (A) payment of a renewal fee; and
241	241	19 (B) completion of at least twenty (20) hours of continuing
242	242	20 education during the registration period, as provided by:
243	243	21 (i) the Indiana Onsite Wastewater Professionals
244	244	22 Association (IOWPA);
245	245	23 (ii) the National Onsite Wastewater Recycling
246	246	24 Association (NOWRA);
247	247	25 (iii) the National Association of Wastewater Technicians
248	248	26 (NAWT); or
249	249	27 (iv) another board approved organization.
250	250	28 Sec. 4. (a) The public registry of all registered onsite wastewater
251	251	29 professionals must include the following information:
252	252	30 (1) The name and contact information of the registrant.
253	253	31 (2) The registrant's registration number and expiration date.
254	254	32 (3) The registrant's areas of practice, such as installation,
255	255	33 inspection, repair, service, pumping, and hauling.
256	256	34 (4) Any disciplinary actions taken against the registrant.
257	257	35 (b) The board may suspend, revoke, or refuse to renew the
258	258	36 registration of an onsite wastewater professional who:
259	259	37 (1) fails to comply with this chapter or rules adopted under
260	260	38 this chapter;
261	261	39 (2) engages in fraudulent or negligent practices; or
262	262	40 (3) submits false information during the application or
263	263	41 renewal process.
264	264	42 Sec. 5. Registered onsite wastewater professionals may oversee
265	265	2025 IN 1610—LS 7755/DI 150 7
266	266	1 nonregistered team members assisting in onsite sewage system
267	267	2 service, if the registered onsite wastewater professional is
268	268	3 responsible for compliance with applicable laws and regulations.
269	269	4 Sec. 6. All registration fees collected under this chapter shall be
270	270	5 deposited in the onsite wastewater professional registration fund
271	271	6 established by IC 25-31.7-3-8.
272	272	7 Sec. 7. The board shall notify each individual registered under
273	273	8 this article of:
274	274	9 (1) the date of expiration of the individual's certificate; and
275	275	10 (2) the amount of the renewal fee established by the board.
276	276	11 Sec. 8. If an individual fails to pay the renewal fee within ninety
277	277	12 (90) days after the expiration date established by the board under
278	278	13 this chapter, the board shall:
279	279	14 (1) suspend the individual's registration under this article;
280	280	15 and
281	281	16 (2) delete the individual's name from the public registry
282	282	17 maintained under section 4 of this chapter;
283	283	18 until the renewal fee is paid.
284	284	19 Sec. 9. (a) If an individual fails to pay the renewal fee for two (2)
285	285	20 consecutive years, the board shall revoke the individual's
286	286	21 certificate of registration.
287	287	22 (b) If an individual whose certificate has been revoked under
288	288	23 subsection (a) desires to be reregistered, the individual:
289	289	24 (1) must submit an application to the board; and
290	290	25 (2) shall be considered as a new applicant.
291	291	26 Chapter 5. Certificates; Seal or Stamp
292	292	27 Sec. 1. (a) Upon receipt of the registration fee required by
293	293	28 IC 25-31.7-4-3, the board shall issue a registration certificate to an
294	294	29 applicant who, in the opinion of the board, satisfies all the
295	295	30 requirements for registration under IC 25-31.7-4.
296	296	31 (b) Each certificate must show the full name of the board.
297	297	32 Sec. 2. The issuance of a registration certificate to an onsite
298	298	33 wastewater professional by the board is prima facie evidence that
299	299	34 the individual named on the certificate is entitled to all rights and
300	300	35 privileges of a registered onsite wastewater professional while the
301	301	36 certificate remains in force.
302	302	37 Sec. 3. A replacement certificate, subject to the rules of the
303	303	38 board, may be issued to replace a certificate that has been lost,
304	304	39 destroyed, or mutilated.
305	305	40 Sec. 4. Each registered onsite wastewater professional may
306	306	41 obtain and use a seal or stamp of registration. The design of the
307	307	42 seal or stamp must:
308	308	2025 IN 1610—LS 7755/DI 150 8
309	309	1 (1) be authorized by the board; and
310	310	2 (2) contain:
311	311	3 (A) the onsite wastewater professional's name and
312	312	4 registration number; and
313	313	5 (B) the legend "Registered Onsite Wastewater
314	314	6 Professional".
315	315	7 Sec. 5. After an onsite wastewater professional's registration is
316	316	8 suspended or revoked, the onsite wastewater professional may not
317	317	9 engage in onsite sewage system service in Indiana until the
318	318	10 individual renews their registration with the board as an onsite
319	319	11 wastewater professional.
320	320	12 Chapter 6. Activities Prohibited to Individuals Who Are Not
321	321	13 Registered Onsite Wastewater Professionals
322	322	14 Sec. 1. Beginning January 1, 2026, an individual may not engage
323	323	15 in onsite sewage system service in Indiana unless the individual
324	324	16 registers with the board as an onsite wastewater professional.
325	325	17 Sec. 2. (a) An individual registered with the board as an onsite
326	326	18 wastewater professional may engage in onsite sewage system
327	327	19 service in any county within Indiana.
328	328	20 (b) A local health department may require an individual
329	329	21 registered with the board as an onsite wastewater professional to
330	330	22 pay a fee to operate in the local health department's jurisdiction.
331	331	23 (c) A local health department may establish and maintain a
332	332	24 registry of local onsite wastewater professionals operating in the
333	333	25 local health department's jurisdiction.
334	334	26 Chapter 7. Proceedings Against a Registered Onsite Wastewater
335	335	27 Professional
336	336	28 Sec. 1. The board may investigate:
337	337	29 (1) a suspected violation by an onsite wastewater professional
338	338	30 of:
339	339	31 (A) a code of professional conduct adopted under
340	340	32 IC 25-31.7-3-4; or
341	341	33 (B) other rules of the board concerning professional
342	342	34 competency and integrity; or
343	343	35 (2) other grounds for action against a registered onsite
344	344	36 wastewater professional under this chapter.
345	345	37 Sec. 2. (a) The board may file a complaint to impose conditions
346	346	38 on, suspend, or revoke the registration of an onsite wastewater
347	347	39 professional.
348	348	40 (b) The onsite wastewater professional to whom a complaint is
349	349	41 addressed may:
350	350	42 (1) agree to the terms of the complaint; or
351	351	2025 IN 1610—LS 7755/DI 150 9
352	352	1 (2) within twenty (20) days after receiving the complaint,
353	353	2 request an informal review of the complaint before the board.
354	354	3 (c) The failure of a registered onsite wastewater professional to
355	355	4 request an informal review under subsection (b)(2) constitutes an
356	356	5 agreement to the terms of the complaint.
357	357	6 Sec. 3. (a) An individual or organization may bring a complaint
358	358	7 of fraud, deceit, gross negligence, or misconduct against an onsite
359	359	8 wastewater professional.
360	360	9 (b) A complaint brought under subsection (a) must be:
361	361	10 (1) in writing;
362	362	11 (2) sworn to by:
363	363	12 (A) the individual; or
364	364	13 (B) an officer of the organization;
365	365	14 making the complaint; and
366	366	15 (3) filed with the board within two (2) years after the incident
367	367	16 alleged in the complaint.
368	368	17 Sec. 4. (a) The board shall consider:
369	369	18 (1) a request for an informal review of a complaint brought
370	370	19 under section 2 of this chapter; or
371	371	20 (2) a complaint brought under section 3 of this chapter;
372	372	21 during a meeting of the board.
373	373	22 (b) The board may adopt rules under IC 4-22-2 to compel a
374	374	23 registered onsite wastewater professional to respond to matters
375	375	24 that relate to a complaint under section 2 of this chapter or a
376	376	25 complaint brought under section 3 of this chapter.
377	377	26 (c) The board may adopt rules under IC 4-22-2 establishing
378	378	27 procedures for the conduct of a meeting under this section,
379	379	28 including the subpoena of witnesses and documents.
380	380	29 (d) A meeting held under this section shall be conducted in an
381	381	30 informal manner. However, the board shall keep a written record
382	382	31 of the proceeding.
383	383	32 (e) As soon as possible following a meeting under this section,
384	384	33 the board shall:
385	385	34 (1) terminate its proceedings on the complaint under section
386	386	35 2 of this chapter or the complaint brought under section 3 of
387	387	36 this chapter; or
388	388	37 (2) provide notice under IC 4-21.5-3-6 of a determination to
389	389	38 impose conditions on, suspend, or revoke the registration of
390	390	39 the onsite wastewater professional.
391	391	40 Sec. 5. A registered onsite wastewater professional who receives
392	392	41 a determination under section 4 of this chapter shall:
393	393	42 (1) comply with the terms of the determination; or
394	394	2025 IN 1610—LS 7755/DI 150 10
395	395	1 (2) request administrative review under IC 25-31.7-8.
396	396	2 Sec. 6. (a) The board may:
397	397	3 (1) suspend the registration of;
398	398	4 (2) refuse to renew the registration of;
399	399	5 (3) revoke the registration of;
400	400	6 (4) reprimand; or
401	401	7 (5) place on probation;
402	402	8 an onsite wastewater professional for any grounds set forth in
403	403	9 subsection (b).
404	404	10 (b) The board may take action under subsection (a) against an
405	405	11 onsite wastewater professional who is found to have:
406	406	12 (1) committed fraud or deceit in obtaining registration under
407	407	13 this article;
408	408	14 (2) committed gross negligence, incompetence, or misconduct
409	409	15 in the public practice of onsite sewage system service;
410	410	16 (3) been convicted by a court of law of:
411	411	17 (A) a felony; or
412	412	18 (B) a crime involving moral turpitude;
413	413	19 (4) committed a violation of a code of professional conduct
414	414	20 adopted by the board under IC 25-31.7-3-4; or
415	415	21 (5) committed an unlawful act set forth in section 7 of this
416	416	22 chapter.
417	417	23 Sec. 7. A person or entity performing work as an onsite
418	418	24 wastewater professional without valid registration under this
419	419	25 chapter is subject to:
420	420	26 (1) a civil penalty not exceeding one thousand dollars ($1,000)
421	421	27 per violation; and
422	422	28 (2) additional penalties or corrective actions prescribed by the
423	423	29 department.
424	424	30 Chapter 8. Administrative Review and Judicial Review
425	425	31 Sec. 1. If requested, an administrative review of a determination
426	426	32 made by the board under this article shall be conducted before an
427	427	33 administrative law judge appointed by the natural resources
428	428	34 commission or the director of the division of hearings under
429	429	35 IC 14-10-2-2.
430	430	36 Sec. 2. The parties to the proceeding include:
431	431	37 (1) the individual seeking administrative review of the
432	432	38 determination by the board; and
433	433	39 (2) the board.
434	434	40 Sec. 3. An administrative law judge appointed under section 1
435	435	41 of this chapter is the ultimate authority for the board for purposes
436	436	42 of IC 4-21.5-3-27, and the order of the administrative law judge
437	437	2025 IN 1610—LS 7755/DI 150 11
438	438	1 disposing of a proceeding is final.
439	439	2 Sec. 4. A party that is dissatisfied with a final order rendered by
440	440	3 an administrative law judge in a proceeding under this chapter
441	441	4 may obtain judicial review of the final order under IC 4-21.5-5.
442	442	2025 IN 1610—LS 7755/DI 150