North Carolina 2025-2026 Regular Session

North Carolina House Bill H376 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 4
	3	+	H 3
4	4		HOUSE BILL 376
5	5		Committee Substitute Favorable 4/2/25
6	6		Committee Substitute #2 Favorable 4/16/25
7		-	Fourth Edition Engrossed 4/30/25
8	7
9	8		Short Title: Various On-Site Wastewater & Well Provisions. (Public)
10	9		Sponsors:
11	10		Referred to:
12	11		March 13, 2025
13		-	H376 -v-4
	12	+	H376 -v-3
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO MAKE VARIO US CHANGES TO ON-SITE WASTEWATER PROVISI ONS 2
16	15		AND TO MAKE VARIOUS CHANGES TO THE PRIVATE DRINKING WATER WE LL 3
17	16		PROGRAM ADMINISTRATI ON AND PERMITTING. 4
18	17		The General Assembly of North Carolina enacts: 5
19	18		6
20	19		ON-SITE WASTEWATER BOARD CHANGES 7
21	20		SECTION 1.(a) G.S. 90A-73 reads as rewritten: 8
22	21		"§ 90A-73. Creation and membership of the Board. 9
23	22		(a) Creation and Appointments. – There is created the North Carolina On-Site 10
24	23		Wastewater Contractors and Inspectors Certification Board. The Board shall consist of nine 11
25	24		members appointed to three-year terms as follows: 12
26	25		… 13
27	26		(j) Term Limits. – No member of the Board may serve more than two consecutive 14
28	27		three-year terms." 15
29	28		SECTION 1.(b) This section is effective when it becomes law and applies to Board 16
30	29		terms beginning on or after July 1, 2026. 17
31	30		SECTION 2.(a) G.S. 90A-77, as amended by S.L. 2024-49, reads as rewritten: 18
32	31		"§ 90A-77. Certification requirements. 19
33	32		(a) Certification. – The Board shall issue a certificate to an applicant who satisfies all of 20
34	33		the following conditions: 21
35	34		(1) Is at least 18 years of age. 22
36	35		(2) Submits a properly completed application with all required supporting 23
37	36		documents for the certification being applied for to the Board. 24
38	37		(3) For grade level II contractor certification, applicant shall satisfy the following 25
39	38		conditions: 26
40	39		a. Complete the basic on-site wastewater education approved by the 27
41	40		Board for any level. 28
42	41		b. Complete any additional class hours required for grade level II. 29
43	42		(3a) For grade level IV contractor certification, applicant shall satisfy the following 30
44	43		conditions: 31
45	44		a. Hold current and satisfactory certification of grade level II for a 32
46	45		minimum of two years prior to application for grade level IV. 33
47		-	b. Complete any additional class hours required for grade level IV. 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 376-Fourth Edition
49		-	(3b) For inspector certification, applicant shall satisfy the following conditions: 1
50		-	a. Complete the point-of-sale inspector education approved by the 2
51		-	Board. 3
52		-	b. Complete any additional class hours required for point-of-sale 4
53		-	inspector certification. 5
54		-	c. Hold current and satisfactory certification of grade level IV contractor, 6
55		-	or Authorized On-Site Wastewater Evaluator or subsurface operator 7
56		-	certification for a minimum of two years. 8
57		-	d. In lieu of the experience requirements in this subdivision, an applicant 9
58		-	may instead complete the approved education requirements for the 10
59		-	grade IV contractor certification as required by the Board. This 11
60		-	sub-subdivision shall not apply to a person certified as a grade II 12
61		-	contractor. 13
62		-	(3c) For Authorized On-Site Wastewater Evaluator, applicant shall complete the 14
63		-	Authorized On-Site Wastewater Evaluator education approved by the Board. 15
64		-	(3d) For Private Compliance Inspector, applicant shall satisfy the following 16
65		-	conditions: 17
66		-	a. Complete the Private Compliance Inspector education approved by the 18
67		-	Board. 19
68		-	b. Complete any additional class hours required by the Board for 20
69		-	compliance inspector certification. 21
70		-	c. Have a minimum of 5 years of experience as a certified contractor, 22
71		-	Authorized On-Site Wastewater Evaluator, subsurface operator, or a 23
72		-	registered environmental health specialist with experience in on-site 24
73		-	wastewater matters. 25
74		-	d. Not be employed by a local health department. 26
75		-	(4) Repealed by Session Laws 2010-31, s. 13.2(l), effective July 1, 2010. 27
76		-	(5) Completes any additional training program designed by the Board specific to 28
77		-	the grade level for which the applicant is applying. 29
78		-	(6) Pays the applicable fees set by the Board for the particular application. 30
79		-	(7) Passes a written or oral examination that tests the applicant's proficiency in all 31
80		-	of the following areas: 32
81		-	a. Principles of public and environmental health associated with on-site 33
82		-	wastewater systems. 34
83		-	b. Principles of construction and safety. 35
84		-	c. Technical and practical knowledge of on-site wastewater systems. 36
85		-	d. Laws and rules related to the installation, construction, repair, 37
86		-	point-of-sale inspection, evaluation, or private compliance inspection 38
87		-	of on-site wastewater systems. 39
88		-	(8) Holds sufficient general liability coverage and professional liability coverage 40
89		-	for the project as well as errors and omissions coverage, where applicable. 41
90		-	…." 42
91		-	SECTION 2.(b) G.S. 90A-78 reads as rewritten: 43
92		-	"§ 90A-78. Certification renewal. 44
93		-	(a) Renewal. – All certifications shall expire on December 31 of each year unless they 45
94		-	are renewed. To renew a certification, a contractor, inspector, Authorized On-Site Wastewater 46
95		-	Evaluator, or Private Compliance Inspector must meet all of the following conditions: 47
96		-	(1) Submit an application for renewal on the form prescribed by the Board, which 48
97		-	includes all supporting documents requested on the renewal form.form, and 49
98		-	proof that the applicant holds sufficient liability coverage pursuant to 50
99		-	G.S. 90A-77(a)(8). 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 376-Fourth Edition Page 3
101		-	(2) Meet the following continuing education requirements: 1
102		-	a. Grade level II contractor: 3 hours per year. 2
103		-	b. Grade level IV contractor: 6 hours per year. 3
104		-	c. Point-of-sale inspector: 6 hours per year. 4
105		-	d. Authorized on-site wastewater evaluator: 12 hours per year. 5
106		-	e. Private compliance inspector: 12 hours per year. 6
107		-	f. For persons holding more than one certification issued by the Board, 7
108		-	the higher annual hours continuing education requirement of all 8
109		-	certificates held. 9
110		-	(3) Pay the certification renewal fee. 10
111		-	(4) Submit the renewal completed renewal package by November 15 annually. 11
112		-	…." 12
113		-	SECTION 2.(c) This section becomes effective January 1, 2026, and applies to 13
114		-	applications for certification or certificate renewal on or after that date. 14
115		-	15
116		-	ON-SITE WASTEWATER SYSTEM CHANGES 16
117		-	SECTION 3.(a) G.S. 130A-335 reads as rewritten: 17
118		-	"§ 130A-335. Wastewater collection, treatment and disposal; rules. 18
119		-	… 19
120		-	(c) A wastewater system subject to approval under rules of the Commission shall be 20
121		-	reviewed and approved under rules of a local board of health in the following circumstances: 21
122		-	(1) The local board of health, on its own motion, has requested the Department to 22
123		-	review its proposed rules concerning wastewater systems; and 23
124		-	(2) The local board of health has adopted by reference the wastewater system 24
125		-	rules adopted by the Commission, with any more stringent modifications or 25
126		-	additions deemed necessary by the local board of health to protect the public 26
127		-	health. Local boards of health shall use historical experience to establish 27
128		-	modifications or additions to rules established by the Commission; andhealth; 28
129		-	and 29
130		-	(3) The Department has has, consistent with subsection (c3) of this section, found 30
131		-	that the rules, including modifications or additions to the Commission's rules, 31
132		-	of the local board of health concerning wastewater collection, treatment and 32
133		-	disposal systems are at least as stringent as rules adopted by the Commission 33
134		-	and are sufficient and necessary to safeguard the public health. 34
135		-	… 35
136		-	(c3) The Department shall determine the validity of proposals from local boards of health 36
137		-	seeking modifications or additions to rules established by the Commission based on whether the 37
138		-	rules are at least as stringent as rules adopted by the Commission and necessary to protect the 38
139		-	public health. The Department shall hold public hearings and notice those hearings on the 39
140		-	Department's webpage upon application for modification or addition of Commission rules by the 40
141		-	local health department. The Department shall make its findings available to the public before 41
142		-	approving or denying a proposed modification or addition. 42
143		-	(d) The Department may, upon its own motion, upon the request of a local board of health 43
144		-	or upon the request of a citizen of an affected county, review its findings under subsection (c) of 44
145		-	this section. 45
146		-	The Department shall review its findings under subsection (c) of this section upon 46
147		-	modification by the Commission of the rules applicable to wastewater systems. The Department 47
148		-	may deny, suspend, or revoke the approval of local board of health wastewater system rules upon 48
149		-	a finding that the local wastewater rules are not as stringent as rules adopted by the Commission, 49
150		-	are not sufficient and necessary to safeguard the public health, or are not being enforced. 50
151		-	Suspension and revocation of approval shall be in accordance with G.S. 130A-23. 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 House Bill 376-Fourth Edition
153		-	… 1
154		-	(f) The rules of the Commission and the rules of the local board of health shall classify 2
155		-	systems of wastewater collection, treatment and disposal according to size, type of treatment and 3
156		-	any other appropriate factors. The rules shall provide construction requirements, including 4
157		-	pretreatment and system control requirements, standards for operation, maintenance, monitoring, 5
158		-	reporting, and ownership requirements for each classification of systems of wastewater 6
159		-	collection, treatment and disposal in order to prevent, as far as reasonably possible, any 7
160		-	contamination of the land, groundwater and surface waters. The Department and local health 8
161		-	departments may impose conditions on the issuance of permits and may revoke the permits for 9
162		-	failure of the system to satisfy the conditions, the rules, or this Article. Permits other than 10
163		-	improvement permits shall be valid for a period prescribed by rule. Improvement permits shall 11
164		-	be valid upon a showing satisfactory to the Department or the local health department that the 12
165		-	site and soil conditions are unaltered, that the facility, design wastewater flow, and wastewater 13
166		-	characteristics are not increased, and that a wastewater system can be installed that meets the 14
167		-	permitting requirements in effect on the date the Improvement Permit was issued. Improvement 15
168		-	permits for which a plat is provided shall be valid without expiration. Improvement permits for 16
169		-	which a site plan is provided shall be valid for five years. The period of time for which the permit 17
170		-	is valid and a statement that the permit is subject to revocation if the site plan or plat, whichever 18
171		-	is applicable, or the intended use changes shall be displayed prominently on both the application 19
172		-	form for the permit and the permit. 20
173		-	…." 21
174		-	SECTION 3.(b) G.S. 130A-336 reads as rewritten: 22
175		-	"§ 130A-336. Improvement permit and construction authorization required. 23
176		-	… 24
177		-	(b) The local health department shall issue a construction authorization Construction 25
178		-	Authorization authorizing work to proceed and the installation or repair of a wastewater system 26
179		-	when it has determined after a field investigation that the system can be installed and operated in 27
180		-	compliance with this Article and rules adopted pursuant to this Article. This construction 28
181		-	authorization Construction Authorization shall be valid for a period equal to the period of validity 29
182		-	of the improvement permit and may be issued at the same time the improvement permit is issued. 30
183		-	Improvement Permit. No person shall commence or assist in the installation, construction, or 31
184		-	repair of a wastewater system unless an improvement permit Improvement Permit and a 32
185		-	construction authorization Construction Authorization have been obtained from the Department 33
186		-	or the local health department unless that person is acting in accordance with the conditions and 34
187		-	criteria of an engineered option permit pursuant to G.S. 130A-336.1 or the Authorized On-Site 35
188		-	Wastewater Evaluator permit option pursuant to G.S. 130A-336.2. No improvement permit 36
189		-	Improvement Permit or construction authorization Construction Authorization shall be required 37
190		-	for maintenance of a wastewater system. The Department and the local health department may 38
191		-	impose conditions on the issuance of an improvement permit Improvement Permit and a 39
192		-	construction authorization.Construction Authorization. 40
	46	+	b. Complete any additional class hours required for grade level IV. 34
	47	+	(3b) For inspector certification, applicant shall satisfy the following conditions: 35 General Assembly Of North Carolina Session 2025
	48	+	Page 2 House Bill 376-Third Edition
	49	+	a. Complete the point-of-sale inspector education approved by the 1
	50	+	Board. 2
	51	+	b. Complete any additional class hours required for point-of-sale 3
	52	+	inspector certification. 4
	53	+	c. Hold current and satisfactory certification of grade level IV contractor, 5
	54	+	or Authorized On-Site Wastewater Evaluator or subsurface operator 6
	55	+	certification for a minimum of two years. 7
	56	+	d. In lieu of the experience requirements in this subdivision, an applicant 8
	57	+	may instead complete the approved education requirements for the 9
	58	+	grade IV contractor certification as required by the Board. This 10
	59	+	sub-subdivision shall not apply to a person certified as a grade II 11
	60	+	contractor. 12
	61	+	(3c) For Authorized On-Site Wastewater Evaluator, applicant shall complete the 13
	62	+	Authorized On-Site Wastewater Evaluator education approved by the Board. 14
	63	+	(3d) For Private Compliance Inspector, applicant shall satisfy the following 15
	64	+	conditions: 16
	65	+	a. Complete the Private Compliance Inspector education approved by the 17
	66	+	Board. 18
	67	+	b. Complete any additional class hours required by the Board for 19
	68	+	compliance inspector certification. 20
	69	+	c. Have a minimum of 5 years of experience as a certified contractor, 21
	70	+	Authorized On-Site Wastewater Evaluator, subsurface operator, or a 22
	71	+	registered environmental health specialist with experience in on-site 23
	72	+	wastewater matters. 24
	73	+	d. Not be employed by a local health department. 25
	74	+	(4) Repealed by Session Laws 2010-31, s. 13.2(l), effective July 1, 2010. 26
	75	+	(5) Completes any additional training program designed by the Board specific to 27
	76	+	the grade level for which the applicant is applying. 28
	77	+	(6) Pays the applicable fees set by the Board for the particular application. 29
	78	+	(7) Passes a written or oral examination that tests the applicant's proficiency in all 30
	79	+	of the following areas: 31
	80	+	a. Principles of public and environmental health associated with on-site 32
	81	+	wastewater systems. 33
	82	+	b. Principles of construction and safety. 34
	83	+	c. Technical and practical knowledge of on-site wastewater systems. 35
	84	+	d. Laws and rules related to the installation, construction, repair, 36
	85	+	point-of-sale inspection, evaluation, or private compliance inspection 37
	86	+	of on-site wastewater systems. 38
	87	+	(8) Holds sufficient general liability coverage and professional liability coverage 39
	88	+	for the project as well as errors and omissions coverage, where applicable. 40
193	89		…." 41
194		-	SECTION 3.(c) G.S. 130A-337 reads as rewritten: 42
195		-	"§ 130A-337. Inspection; operation permit required. 43
196		-	(a) No system of wastewater collection, treatment and disposal shall be covered or placed 44
197		-	into use by any person until an inspection by the local health department has determined that the 45
198		-	system has been installed or repaired in accordance with any conditions of the Improvement 46
199		-	Permit, the Construction Authorization, the rules, and this Article. 47
200		-	(a1) Notwithstanding subsection (a) of this section, an applicant may contract with an 48
201		-	Authorized On-Site Wastewater Evaluator certified pursuant to Article 5 of Chapter 90A of the 49
202		-	General Statutes or an engineer licensed pursuant to Chapter 89C of the General Statutes to 50
203		-	conduct any required verifications or inspections. The evaluator or engineer shall provide the 51 General Assembly Of North Carolina Session 2025
204		-	House Bill 376-Fourth Edition Page 5
205		-	applicant with written verification that all conditions of the Improvement Permit and 1
206		-	Construction Authorization have been met, including an as-built drawing meeting the standards 2
207		-	and scale of the local health department issuing the Construction Authorization as certified by 3
208		-	the evaluator. evaluator or engineer. The applicant may cover the system and place it into 4
209		-	operation upon receipt of the evaluator's written verification and shall submit the verification to 5
210		-	the local health department within two business days of receipt of the verification. The 6
211		-	Department, the Department's authorized agents, and the local health department shall be 7
212		-	discharged and released from any liabilities, duties, and responsibilities imposed by statute or 8
213		-	common law from any claim arising out of or attributed to the on-site wastewater system 9
214		-	installation. 10
215		-	… 11
216		-	(b) Upon determining that the system is properly installed or repaired and that the system 12
217		-	is capable of being operated in installation or repair of a wastewater system in accordance with 13
218		-	the conditions of the Improvement Permit, the rules, this Article and any conditions to be imposed 14
219		-	in the operation permit, Permit and the Construction Authorization, including any site 15
220		-	modification conditions noted in the Improvement Permit or Construction Authorization, as 16
221		-	applicable, applicable, or upon receipt of written verification submitted pursuant to subsection 17
222		-	(a1) or (a2) of this section, the local health department shall issue an operation permit authorizing 18
223		-	the residence, place of business or place of public assembly to be occupied and for the system to 19
224		-	be placed into use or reuse. A local health department shall not withhold issuance of an Operation 20
225		-	Permit if all conditions specified in the Improvement Permit and Construction Authorization 21
226		-	have been met, and the installation complies with all applicable laws and rules. Conditions added 22
227		-	to the Operation Permit shall be consistent with the applicable rules and are enforceable as 23
228		-	requirements of the permit. 24
229		-	…." 25
230		-	SECTION 3.(d) This section is effective when it becomes law and applies to permits 26
231		-	applied for on or after that date. 27
232		-	28
233		-	ALLOW AUTHORIZED ON -SITE WASTEWATER EVALUATOR TO PREPARE A 29
234		-	SITE DENIAL LETTER FOR SUBSURFACE WASTEWATER SYSTEMS 30
235		-	SECTION 3.5.(a) Definitions. – For purposes of this section, "Application Submittal 31
236		-	Rule" means 15A NCAC 02T .0604 (Application Submittal). 32
237		-	SECTION 3.5.(b) Application Submittal Rule. – Until the effective date of the 33
238		-	revised permanent rule that the Environmental Management Commission is required to adopt 34
239		-	pursuant to subsection (d) of this section, the Commission shall implement the Application 35
240		-	Submittal Rule as provided in subsection (c) of this section. 36
241		-	SECTION 3.5.(c) Implementation. – A letter from either the local county health 37
242		-	department or an Authorized On-Site Wastewater Evaluator certified pursuant to Article 5 of 38
243		-	Chapter 90A of the General Statutes denying the site for all subsurface systems shall be submitted 39
244		-	to the Division by the applicant. 40
245		-	SECTION 3.5.(d) Additional Rulemaking Authority. – The Commission shall adopt 41
246		-	a rule to amend the Application Submittal Rule consistent with subsection (c) of this section. 42
247		-	Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section 43
248		-	shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted 44
249		-	pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General 45
250		-	Statutes. Rules adopted pursuant to this section shall become effective as provided in 46
251		-	G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 47
252		-	G.S. 150B-21.3(b2). 48
253		-	SECTION 3.5.(e) Sunset. – This section expires when permanent rules adopted as 49
254		-	required by subsection (d) of this section become effective. 50
255		-	51 General Assembly Of North Carolina Session 2025
256		-	Page 6 House Bill 376-Fourth Edition
257		-	PRIVATE DRINKING WAT ER WELL PROGRAM CHANGES 1
258		-	SECTION 4.(a) G.S. 87-96 reads as rewritten: 2
259		-	"§ 87-96. Conflict with other laws. 3
260		-	(a) The provisions of any law, rule, or local ordinance which establish standards 4
261		-	affording greater protection to for testing of groundwater resources or public health, safety, or 5
262		-	welfare shall prevail, within the jurisdiction to which they apply, over the provisions of this 6
263		-	Article and rules adopted pursuant to this Article. 7
264		-	(b) Rules relating to public health, wells, or groundwater adopted by the Commission for 8
265		-	Public Health shall prevail over this Article, Article and rules adopted pursuant to this Article, 9
266		-	and rules adopted by a local board of health pursuant to subsection (c) of this section. Article. 10
267		-	This Article shall not be construed to repeal any law or rule in effect as of July 1, 1989. 11
268		-	(c) A local board of health may adopt by reference rules adopted by the Environmental 12
269		-	Management Commission pursuant to this Article, and may adopt more stringent rules for testing 13
270		-	of water resources when necessary to protect the public health." 14
271		-	SECTION 4.(b) G.S. 87-97 reads as rewritten: 15
272		-	"§ 87-97. Permitting and testing of private drinking water wells. 16
273		-	(a) Mandatory Local Well Programs. Authority. – Each county, through the local health 17
274		-	department that serves the county, shall implement a the private drinking water well permitting, 18
275		-	inspection, and testing program. and inspection program established and adopted by the 19
276		-	Environmental Management Commission. The local health department shall be the exclusive 20
277		-	authority for the permitting of wells and well systems as described in G.S. 143-138(b17)(2). 21
278		-	Local health departments shall administer the program and enforce the minimum well 22
279		-	construction, permitting, inspection, repair, and testing requirements set out in this Article and 23
280		-	rules adopted pursuant to this Article. No person shall unduly delay or refuse to permit a well 24
281		-	that can be constructed or repaired and operated in compliance with the requirements set out in 25
282		-	this Article and rules adopted pursuant to this Article. 26
283		-	… 27
284		-	(e) Issuance of Permit. – In accordance with G.S. 87-97.1 and G.S. 87-97.2, within 30 28
285		-	days of receipt of an application to construct or repair a well, a local health department shall 29
286		-	make a determination whether the proposed private drinking water well can be constructed or 30
287		-	repaired and operated in compliance with this Article and rules adopted pursuant to this Article 31
288		-	and shall issue a permit or denial accordingly. If a local health department fails to act within 30 32
289		-	days, the permit shall automatically be issued, and the local health department may challenge 33
290		-	issuance of the permit as provided in Chapter 150B of the General Statutes. If an application to 34
291		-	construct or repair a well is submitted by the applicant to the local health department and 35
292		-	accompanied by a copy of a Notice of Intent to Construct, as described in G.S. 130A-336.1 and 36
293		-	G.S. 130A-336.2, the local health department shall make a determination on the permit 37
294		-	application within 10 business days of receipt of the application. If the local health department 38
295		-	does not issue the permit within 10 business days and the Notice of Intent includes a proposed 39
296		-	well area, the local health department shall accept the proposed well area in their permit and the 40
297		-	permit shall automatically be issued. The local health department may shall impose any 41
298		-	conditions on the issuance of a construction permit or repair permit that it determines to be are 42
299		-	necessary to ensure compliance with this Article and rules adopted pursuant to this Article. 43
300		-	Notwithstanding any other provision of law, no permit for a well that is in compliance with this 44
301		-	Article and the rules adopted pursuant to this Article shall be denied on the basis of a local 45
302		-	government policy or ordinance that discourages or prohibits the drilling of new wells. 46
303		-	…." 47
304		-	SECTION 4.(c) G.S. 130A-39 reads as rewritten: 48
305		-	"§ 130A-39. Powers and duties of a local board of health. 49
306		-	… 50 General Assembly Of North Carolina Session 2025
307		-	House Bill 376-Fourth Edition Page 7
308		-	(b) A local board of health may adopt a more stringent rule in an area regulated by the 1
309		-	Commission for Public Health or the Environmental Management Commission where, in the 2
310		-	opinion of the local board of health, a more stringent rule is required to protect the public health; 3
311		-	otherwise, the rules of the Commission for Public Health or the rules of the Environmental 4
312		-	Management Commission shall prevail over local board of health rules. However, a local board 5
313		-	of health may not adopt a rule concerning the grading, operating, and permitting of food and 6
314		-	lodging facilities as listed in Part 6 of Article 8 of this Chapter and as defined in 7
315		-	G.S. 130A-247(1), or a rule concerning the permitting of private drinking water wells, as defined 8
316		-	in G.S. 87-85, except for testing standards as set out in G.S. 87-96, and a local board of health 9
317		-	may adopt rules concerning wastewater collection, treatment and disposal systems which are not 10
318		-	designed to discharge effluent to the land surface or surface waters only in accordance with 11
319		-	G.S. 130A-335(c). 12
320		-	…." 13
321		-	SECTION 4.(d) All local boards of health rules concerning the permitting of private 14
322		-	drinking water wells, as defined in G.S. 87-85, except for testing standards as set out in 15
323		-	G.S. 87-96 and fees adopted pursuant to G.S. 130A-39, in effect when this act becomes law are 16
324		-	repealed. 17
325		-	18
326		-	EFFECTIVE DATE 19
327		-	SECTION 5. Except as otherwise provided, this act is effective when it becomes 20
328		-	law. 21
	90	+	SECTION 2.(b) G.S. 90A-78 reads as rewritten: 42
	91	+	"§ 90A-78. Certification renewal. 43
	92	+	(a) Renewal. – All certifications shall expire on December 31 of each year unless they 44
	93	+	are renewed. To renew a certification, a contractor, inspector, Authorized On-Site Wastewater 45
	94	+	Evaluator, or Private Compliance Inspector must meet all of the following conditions: 46
	95	+	(1) Submit an application for renewal on the form prescribed by the Board, which 47
	96	+	includes all supporting documents requested on the renewal form.form, and 48
	97	+	proof that the applicant holds sufficient liability coverage pursuant to 49
	98	+	G.S. 90A-77(a)(8). 50
	99	+	(2) Meet the following continuing education requirements: 51 General Assembly Of North Carolina Session 2025
	100	+	House Bill 376-Third Edition Page 3
	101	+	a. Grade level II contractor: 3 hours per year. 1
	102	+	b. Grade level IV contractor: 6 hours per year. 2
	103	+	c. Point-of-sale inspector: 6 hours per year. 3
	104	+	d. Authorized on-site wastewater evaluator: 12 hours per year. 4
	105	+	e. Private compliance inspector: 12 hours per year. 5
	106	+	f. For persons holding more than one certification issued by the Board, 6
	107	+	the higher annual hours continuing education requirement of all 7
	108	+	certificates held. 8
	109	+	(3) Pay the certification renewal fee. 9
	110	+	(4) Submit the renewal completed renewal package by November 15 annually. 10
	111	+	…." 11
	112	+	SECTION 2.(c) This section becomes effective January 1, 2026, and applies to 12
	113	+	applications for certification or certificate renewal on or after that date. 13
	114	+	14
	115	+	ON-SITE WASTEWATER SYSTEM CHANGES 15
	116	+	SECTION 3.(a) G.S. 130A-335 reads as rewritten: 16
	117	+	"§ 130A-335. Wastewater collection, treatment and disposal; rules. 17
	118	+	… 18
	119	+	(c) A wastewater system subject to approval under rules of the Commission shall be 19
	120	+	reviewed and approved under rules of a local board of health in the following circumstances: 20
	121	+	(1) The local board of health, on its own motion, has requested the Department to 21
	122	+	review its proposed rules concerning wastewater systems; and 22
	123	+	(2) The local board of health has adopted by reference the wastewater system 23
	124	+	rules adopted by the Commission, with any more stringent modifications or 24
	125	+	additions deemed necessary by the local board of health to protect the public 25
	126	+	health. Local boards of health shall use historical experience to establish 26
	127	+	modifications or additions to rules established by the Commission; andhealth; 27
	128	+	and 28
	129	+	(3) The Department has has, consistent with subsection (c3) of this section, found 29
	130	+	that the rules, including modifications or additions to the Commission's rules, 30
	131	+	of the local board of health concerning wastewater collection, treatment and 31
	132	+	disposal systems are at least as stringent as rules adopted by the Commission 32
	133	+	and are sufficient and necessary to safeguard the public health. 33
	134	+	… 34
	135	+	(c3) The Department shall determine the validity of proposals from local boards of health 35
	136	+	seeking modifications or additions to rules established by the Commission based on whether the 36
	137	+	rules are at least as stringent as rules adopted by the Commission and necessary to protect the 37
	138	+	public health. The Department shall hold public hearings and notice those hearings on the 38
	139	+	Department's webpage upon application for modification or addition of Commission rules by the 39
	140	+	local health department. The Department shall make its findings available to the public before 40
	141	+	approving or denying a proposed modification or addition. 41
	142	+	(d) The Department may, upon its own motion, upon the request of a local board of health 42
	143	+	or upon the request of a citizen of an affected county, review its findings under subsection (c) of 43
	144	+	this section. 44
	145	+	The Department shall review its findings under subsection (c) of this section upon 45
	146	+	modification by the Commission of the rules applicable to wastewater systems. The Department 46
	147	+	may deny, suspend, or revoke the approval of local board of health wastewater system rules upon 47
	148	+	a finding that the local wastewater rules are not as stringent as rules adopted by the Commission, 48
	149	+	are not sufficient and necessary to safeguard the public health, or are not being enforced. 49
	150	+	Suspension and revocation of approval shall be in accordance with G.S. 130A-23. 50
	151	+	… 51 General Assembly Of North Carolina Session 2025
	152	+	Page 4 House Bill 376-Third Edition
	153	+	(f) The rules of the Commission and the rules of the local board of health shall classify 1
	154	+	systems of wastewater collection, treatment and disposal according to size, type of treatment and 2
	155	+	any other appropriate factors. The rules shall provide construction requirements, including 3
	156	+	pretreatment and system control requirements, standards for operation, maintenance, monitoring, 4
	157	+	reporting, and ownership requirements for each classification of systems of wastewater 5
	158	+	collection, treatment and disposal in order to prevent, as far as reasonably possible, any 6
	159	+	contamination of the land, groundwater and surface waters. The Department and local health 7
	160	+	departments may impose conditions on the issuance of permits and may revoke the permits for 8
	161	+	failure of the system to satisfy the conditions, the rules, or this Article. Permits other than 9
	162	+	improvement permits shall be valid for a period prescribed by rule. Improvement permits shall 10
	163	+	be valid upon a showing satisfactory to the Department or the local health department that the 11
	164	+	site and soil conditions are unaltered, that the facility, design wastewater flow, and wastewater 12
	165	+	characteristics are not increased, and that a wastewater system can be installed that meets the 13
	166	+	permitting requirements in effect on the date the Improvement Permit was issued. Improvement 14
	167	+	permits for which a plat is provided shall be valid without expiration. Improvement permits for 15
	168	+	which a site plan is provided shall be valid for five years. The period of time for which the permit 16
	169	+	is valid and a statement that the permit is subject to revocation if the site plan or plat, whichever 17
	170	+	is applicable, or the intended use changes shall be displayed prominently on both the application 18
	171	+	form for the permit and the permit. 19
	172	+	…." 20
	173	+	SECTION 3.(b) G.S. 130A-336 reads as rewritten: 21
	174	+	"§ 130A-336. Improvement permit and construction authorization required. 22
	175	+	… 23
	176	+	(b) The local health department shall issue a construction authorization Construction 24
	177	+	Authorization authorizing work to proceed and the installation or repair of a wastewater system 25
	178	+	when it has determined after a field investigation that the system can be installed and operated in 26
	179	+	compliance with this Article and rules adopted pursuant to this Article. This construction 27
	180	+	authorization Construction Authorization shall be valid for a period equal to the period of validity 28
	181	+	of the improvement permit and may be issued at the same time the improvement permit is issued. 29
	182	+	Improvement Permit. No person shall commence or assist in the installation, construction, or 30
	183	+	repair of a wastewater system unless an improvement permit Improvement Permit and a 31
	184	+	construction authorization Construction Authorization have been obtained from the Department 32
	185	+	or the local health department unless that person is acting in accordance with the conditions and 33
	186	+	criteria of an engineered option permit pursuant to G.S. 130A-336.1 or the Authorized On-Site 34
	187	+	Wastewater Evaluator permit option pursuant to G.S. 130A-336.2. No improvement permit 35
	188	+	Improvement Permit or construction authorization Construction Authorization shall be required 36
	189	+	for maintenance of a wastewater system. The Department and the local health department may 37
	190	+	impose conditions on the issuance of an improvement permit Improvement Permit and a 38
	191	+	construction authorization.Construction Authorization. The Department, the local health 39
	192	+	department, or the Authorized On-Site Wastewater Evaluator shall verify that the system can be 40
	193	+	installed and operated according to rules adopted by the Commission or a local board of health 41
	194	+	and are unchanged from the site conditions found on the Improvement Permit prior to the 42
	195	+	issuance of a Construction Authorization. The Department, the local health department, or the 43
	196	+	Authorized On-Site Wastewater Evaluator shall delay the start of construction of any wastewater 44
	197	+	system until a verification that the system can be installed and operated according to rules 45
	198	+	adopted by the Commission or local health department and are unchanged from the conditions 46
	199	+	found on the Construction Authorization. Site verifications shall be documented on a form 47
	200	+	created by the Department. Site verifications shall not be required prior to beginning repair of an 48
	201	+	existing wastewater system unless the verification is required as a condition of the system's 49
	202	+	Construction Authorization. The verification of site conditions shall not include an evaluation of 50
	203	+	the long-term acceptance rate or the requirement of pits. The owner of the site where an on-site 51 General Assembly Of North Carolina Session 2025
	204	+	House Bill 376-Third Edition Page 5
	205	+	wastewater system is proposed for installation may waive the site verification before the start of 1
	206	+	construction of the wastewater system by submitting a verification waiver form, created by the 2
	207	+	Department, to the local health department or Authorized On-Site Wastewater Evaluator, as 3
	208	+	applicable. The Department, the Department's authorized agents, local health departments, 4
	209	+	Authorized On-Site Wastewater Evaluators, or contractors certified pursuant to Article 5 of 5
	210	+	Chapter 90A of the General Statutes shall have no liability for site condition changes after the 6
	211	+	issuance of a Construction Authorization. 7
	212	+	…." 8
	213	+	SECTION 3.(c) G.S. 130A-337 reads as rewritten: 9
	214	+	"§ 130A-337. Inspection; operation permit required. 10
	215	+	(a) No system of wastewater collection, treatment and disposal shall be covered or placed 11
	216	+	into use by any person until an inspection by the local health department has determined that the 12
	217	+	system has been installed or repaired in accordance with any conditions of the Improvement 13
	218	+	Permit, the Construction Authorization, the rules, and this Article. 14
	219	+	(a1) Notwithstanding subsection (a) of this section, an applicant may contract with an 15
	220	+	Authorized On-Site Wastewater Evaluator certified pursuant to Article 5 of Chapter 90A of the 16
	221	+	General Statutes or an engineer licensed pursuant to Chapter 89C of the General Statutes to 17
	222	+	conduct any required verifications or inspections. The evaluator or engineer shall provide the 18
	223	+	applicant with written verification that all conditions of the Improvement Permit and 19
	224	+	Construction Authorization have been met, including an as-built drawing meeting the standards 20
	225	+	and scale of the local health department issuing the Construction Authorization as certified by 21
	226	+	the evaluator. evaluator or engineer. The applicant may cover the system and place it into 22
	227	+	operation upon receipt of the evaluator's written verification and shall submit the verification to 23
	228	+	the local health department within two business days of receipt of the verification. The 24
	229	+	Department, the Department's authorized agents, and the local health department shall be 25
	230	+	discharged and released from any liabilities, duties, and responsibilities imposed by statute or 26
	231	+	common law from any claim arising out of or attributed to the on-site wastewater system 27
	232	+	installation. 28
	233	+	… 29
	234	+	(b) Upon determining that the system is properly installed or repaired and that the system 30
	235	+	is capable of being operated in installation or repair of a wastewater system in accordance with 31
	236	+	the conditions of the Improvement Permit, the rules, this Article and any conditions to be imposed 32
	237	+	in the operation permit, Permit and the Construction Authorization, including any site 33
	238	+	modification conditions noted in the Improvement Permit or Construction Authorization, as 34
	239	+	applicable, applicable, or upon receipt of written verification submitted pursuant to subsection 35
	240	+	(a1) or (a2) of this section, the local health department shall issue an operation permit authorizing 36
	241	+	the residence, place of business or place of public assembly to be occupied and for the system to 37
	242	+	be placed into use or reuse. A local health department shall not withhold issuance of an Operation 38
	243	+	Permit if all conditions specified in the Improvement Permit and Construction Authorization 39
	244	+	have been met, and the installation complies with all applicable laws and rules. Conditions added 40
	245	+	to the Operation Permit shall be consistent with the applicable rules and are enforceable as 41
	246	+	requirements of the permit. 42
	247	+	…." 43
	248	+	SECTION 3.(d) This section is effective when it becomes law and applies to permits 44
	249	+	applied for on or after that date. 45
	250	+	46
	251	+	ALLOW AUTHORIZED ON -SITE WASTEWATER EVALUATOR TO PREPARE A 47
	252	+	SITE DENIAL LETTER FOR SUBSURFACE WASTEWATER SYSTEMS 48
	253	+	SECTION 3.5.(a) Definitions. – For purposes of this section, "Application Submittal 49
	254	+	Rule" means 15A NCAC 02T .0604 (Application Submittal). 50 General Assembly Of North Carolina Session 2025
	255	+	Page 6 House Bill 376-Third Edition
	256	+	SECTION 3.5.(b) Application Submittal Rule. – Until the effective date of the 1
	257	+	revised permanent rule that the Environmental Management Commission is required to adopt 2
	258	+	pursuant to subsection (d) of this section, the Commission shall implement the Application 3
	259	+	Submittal Rule as provided in subsection (c) of this section. 4
	260	+	SECTION 3.5.(c) Implementation. – A letter from either the local county health 5
	261	+	department or an Authorized On-Site Wastewater Evaluator certified pursuant to Article 5 of 6
	262	+	Chapter 90A of the General Statutes denying the site for all subsurface systems shall be submitted 7
	263	+	to the Division by the applicant. 8
	264	+	SECTION 3.5.(d) Additional Rulemaking Authority. – The Commission shall adopt 9
	265	+	a rule to amend the Application Submittal Rule consistent with subsection (c) of this section. 10
	266	+	Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section 11
	267	+	shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted 12
	268	+	pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General 13
	269	+	Statutes. Rules adopted pursuant to this section shall become effective as provided in 14
	270	+	G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 15
	271	+	G.S. 150B-21.3(b2). 16
	272	+	SECTION 3.5.(e) Sunset. – This section expires when permanent rules adopted as 17
	273	+	required by subsection (d) of this section become effective. 18
	274	+	19
	275	+	PRIVATE DRINKING WATER WELL PROGRAM CHANGES 20
	276	+	SECTION 4.(a) G.S. 87-96 reads as rewritten: 21
	277	+	"§ 87-96. Conflict with other laws. 22
	278	+	(a) The provisions of any law, rule, or local ordinance which establish standards 23
	279	+	affording greater protection to for testing of groundwater resources or public health, safety, or 24
	280	+	welfare shall prevail, within the jurisdiction to which they apply, over the provisions of this 25
	281	+	Article and rules adopted pursuant to this Article. 26
	282	+	(b) Rules relating to public health, wells, or groundwater adopted by the Commission for 27
	283	+	Public Health shall prevail over this Article, Article and rules adopted pursuant to this Article, 28
	284	+	and rules adopted by a local board of health pursuant to subsection (c) of this section. Article. 29
	285	+	This Article shall not be construed to repeal any law or rule in effect as of July 1, 1989. 30
	286	+	(c) A local board of health may adopt by reference rules adopted by the Environmental 31
	287	+	Management Commission pursuant to this Article, and may adopt more stringent rules for testing 32
	288	+	of water resources when necessary to protect the public health." 33
	289	+	SECTION 4.(b) G.S. 87-97 reads as rewritten: 34
	290	+	"§ 87-97. Permitting and testing of private drinking water wells. 35
	291	+	(a) Mandatory Local Well Programs. Authority. – Each county, through the local health 36
	292	+	department that serves the county, shall implement a the private drinking water well permitting, 37
	293	+	inspection, and testing program. and inspection program established and adopted by the 38
	294	+	Environmental Management Commission. The local health department shall be the exclusive 39
	295	+	authority for the permitting of wells and well systems as described in G.S. 143-138(b17)(2). 40
	296	+	Local health departments shall administer the program and enforce the minimum well 41
	297	+	construction, permitting, inspection, repair, and testing requirements set out in this Article and 42
	298	+	rules adopted pursuant to this Article. No person shall unduly delay or refuse to permit a well 43
	299	+	that can be constructed or repaired and operated in compliance with the requirements set out in 44
	300	+	this Article and rules adopted pursuant to this Article. 45
	301	+	… 46
	302	+	(e) Issuance of Permit. – In accordance with G.S. 87-97.1 and G.S. 87-97.2, within 30 47
	303	+	days of receipt of an application to construct or repair a well, a local health department shall 48
	304	+	make a determination whether the proposed private drinking water well can be constructed or 49
	305	+	repaired and operated in compliance with this Article and rules adopted pursuant to this Article 50
	306	+	and shall issue a permit or denial accordingly. If a local health department fails to act within 30 51 General Assembly Of North Carolina Session 2025
	307	+	House Bill 376-Third Edition Page 7
	308	+	days, the permit shall automatically be issued, and the local health department may challenge 1
	309	+	issuance of the permit as provided in Chapter 150B of the General Statutes. If an application to 2
	310	+	construct or repair a well is submitted by the applicant to the local health department and 3
	311	+	accompanied by a copy of a Notice of Intent to Construct, as described in G.S. 130A-336.1 and 4
	312	+	G.S. 130A-336.2, the local health department shall make a determination on the permit 5
	313	+	application within 10 business days of receipt of the application. If the local health department 6
	314	+	does not issue the permit within 10 business days and the Notice of Intent includes a proposed 7
	315	+	well area, the local health department shall accept the proposed well area in their permit and the 8
	316	+	permit shall automatically be issued. The local health department may shall impose any 9
	317	+	conditions on the issuance of a construction permit or repair permit that it determines to be are 10
	318	+	necessary to ensure compliance with this Article and rules adopted pursuant to this Article. 11
	319	+	Notwithstanding any other provision of law, no permit for a well that is in compliance with this 12
	320	+	Article and the rules adopted pursuant to this Article shall be denied on the basis of a local 13
	321	+	government policy or ordinance that discourages or prohibits the drilling of new wells. 14
	322	+	…." 15
	323	+	SECTION 4.(c) G.S. 130A-39 reads as rewritten: 16
	324	+	"§ 130A-39. Powers and duties of a local board of health. 17
	325	+	… 18
	326	+	(b) A local board of health may adopt a more stringent rule in an area regulated by the 19
	327	+	Commission for Public Health or the Environmental Management Commission where, in the 20
	328	+	opinion of the local board of health, a more stringent rule is required to protect the public health; 21
	329	+	otherwise, the rules of the Commission for Public Health or the rules of the Environmental 22
	330	+	Management Commission shall prevail over local board of health rules. However, a local board 23
	331	+	of health may not adopt a rule concerning the grading, operating, and permitting of food and 24
	332	+	lodging facilities as listed in Part 6 of Article 8 of this Chapter and as defined in 25
	333	+	G.S. 130A-247(1), or a rule concerning the permitting of private drinking water wells, as defined 26
	334	+	in G.S. 87-85, except for testing standards as set out in G.S. 87-96, and a local board of health 27
	335	+	may adopt rules concerning wastewater collection, treatment and disposal systems which are not 28
	336	+	designed to discharge effluent to the land surface or surface waters only in accordance with 29
	337	+	G.S. 130A-335(c). 30
	338	+	…." 31
	339	+	SECTION 4.(d) All local boards of health rules concerning the permitting of private 32
	340	+	drinking water wells, as defined in G.S. 87-85, except for testing standards as set out in 33
	341	+	G.S. 87-96 and fees adopted pursuant to G.S. 130A-39, in effect when this act becomes law are 34
	342	+	repealed. 35
	343	+	36
	344	+	EFFECTIVE DATE 37
	345	+	SECTION 5. Except as otherwise provided, this act is effective when it becomes 38
	346	+	law. 39