2021 Regular Session ENROLLED
SENATE BILL NO. 192
BY SENATOR HENSGENS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 40:1281.26(A), (B)(3), and (C)(introductory paragraph) and (1)
3 and to enact R.S. 40:1281.26(D), relative to individual sewerage systems; to provide
4 for a temporary waiver of sanitary code requirements for individual sewerage
5 systems in certain jurisdictions; to authorize enforcement by the jurisdiction; to
6 provide for exceptions; to provide for definitions; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:1281.26(A), (B)(3), and (C)(introductory paragraph) and (1) are
9 hereby amended and reenacted and R.S. 40:1281.26(D) is hereby enacted to read as follows:
10 ยง1281.26. Individual sewerage systems; temporary waiver; enforcement
11 A. The Louisiana Department of Health, office of public health, shall
12 temporarily waive applicable requirements of LAC 51:XIII.101 et seq. regarding
13 individual sewerage systems during pending the construction of a community
14 sewerage system for properties located within the boundaries of any parish with a
15 population between six thousand eight hundred and six thousand nine hundred
16 according to the latest federal decennial census.
17 B. The temporary waiver of individual sewerage system regulations for
18 properties within a qualifying jurisdiction pursuant to Subsection A of this Section
19 shall be granted only under the following conditions:
20 * * *
21 (3) Each waiver shall require five thousand square feet of contiguous
22 property, with a current property survey by a Louisiana registered Louisiana-
23 registered land surveyor, and a minimum of four property corners that are visibly
24 staked.
25 * * *
ACT No. 226
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 192 ENROLLED
1 C. The parish or any municipality within the parish may provide appropriate
2 enforcement mechanisms to discourage citizens owning prohibit persons who own
3 property within the boundaries of the parish from doing any of the following:
4 (1) Connecting multiple habitable structures to an individual sewerage
5 system. However, two recreational vehicles, as defined in Subsection D of this
6 Section, may connect to one individual sewerage system if the system is
7 permitted by the Louisiana Department of Health and the rated capacity of the
8 system is not exceeded.
9 * * *
10 D.(1) For purposes of this Section, "recreational vehicle" means a
11 motorized or towable vehicle that combines transportation and temporary
12 living quarters.
13 (2) For purposes of this Section, the term "recreational vehicle" shall
14 not include a mobile home, a dwelling known commonly as a "Katrina cottage",
15 a dwelling known commonly as a "tiny house", a movable house, or any other
16 living quarters designed or intended to have the wheels removed in connection
17 with placement on a lot or parcel of land.
18 Section 2. This Act shall become effective upon signature by the governor or, if not
19 signed by the governor, upon expiration of the time for bills to become law without signature
20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21 vetoed by the governor and subsequently approved by the legislature, this Act shall become
22 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.