Amendment H-8293 to HF 2748

Filed April 6, 2026 in the House by

What it changes

1. Page 27, after line 2 by inserting: “DIVISION ___ PROPRIETARY TREATMENT SYSTEMS Sec. ___. NEW SECTION . 455B.241 Definitions. As used in this part 3 of subchapter III, unless the context otherwise requires:
2. “Certified technician” means a person who is certified in accordance with the manufacturer to monitor, maintain, and inspect proprietary treatment systems.
3. a. “Class A proprietary treatment system” means a media-based or passive secondary treatment system that is certified by an accreditation body, including a certification meeting national sanitation foundation standard 40 class I. b. “Class A proprietary treatment system” includes but is not limited to a peat moss biofilter, coconut fiber filter, synthetic foam filter, polystyrene bead media filter, or textile filter.
4. “Class B proprietary treatment system” means a secondary treatment system that relies on mechanical aeration that is certified by an accreditation body, including a certification meeting national sanitation foundation standard 40 class I.
5. “Proprietary treatment system” or “system” means either a class A proprietary treatment system or class B proprietary treatment system. Sec. ___. NEW SECTION . 455B.242 Monitoring and maintenance requirements.
6. Prior to the installation of a proprietary treatment system, the system owner and a certified technician shall enter into a contract for monitoring and maintenance of the system. The contract shall be required for the life of the system, and a copy of the contract shall be provided to the applicable administrative authority.
7. A proprietary treatment system shall be inspected, monitored, and maintained by the certified technician in accordance with the manufacturer’s specifications. A class A proprietary treatment system shall be maintained at least annually. A class B proprietary treatment system shall be maintained at least twice per year or more frequently if required by the manufacturer’s specifications.
8. Any maintenance and visual inspection of a proprietary treatment system shall be performed by a certified technician. A certified technician shall report results, as provided in section 455B.243, to the system owner and to the applicable administrative authority within thirty days following the inspection. The certified technician shall also report any discontinuance or proprietary treatment system maintenance to the applicable administrative authority.
9. A proprietary treatment system may be used when the applicable administrative authority determines the site is unacceptable for a conventional subsurface soil absorption system. Preference shall be given to the use of a class A proprietary treatment system due to the operating principle being similar to that of intermittent subsurface sand filter beds. A class B proprietary treatment system shall not be used on a vacation home, church, or event facility, or other seasonal or infrequent use facility. Sec. ___. NEW SECTION . 455B.243 Reporting.
10. A maintenance and visual inspection report for a class A proprietary treatment system or class B proprietary treatment system, as required under section 455B.242, shall record at least the following information: a. The date of the inspection. b. The type of proprietary treatment system. c. Whether the proprietary treatment system is functioning correctly or functioning incorrectly. d. Any sign of equipment malfunction, the cause of the malfunction, and the corrective action taken. e. Results of water testing if the proprietary treatment system is subject to national pollution discharge elimination system general permit number four. f. If the proprietary treatment system is functioning incorrectly, the primary reason for the deficiency, including but not limited to: (1) Improper installation. (2) Lack of required maintenance. (3) Improper operation or malfunction. (4) Other damages or conditions contributing to the malfunction.
11. The completed report shall be submitted to the department by the certified technician in the form and manner prescribed by the department.
12. The department shall compile the information and shall maintain a publicly accessible database summarizing inspection outcomes. The database shall not include personally identifiable information.
13. The department shall not assess any fees associated with the receipt, collection, or analysis of reports required under this section. Sec. ___. NEW SECTION . 455B.244 Rulemaking authority. The department may adopt rules as necessary to administer this part. Sec. ___. DEPARTMENT OF NATURAL RESOURCES —— PROPRIETARY TREATMENT SYSTEM STUDY.
14. The department of natural resources shall conduct a study utilizing the information regarding proprietary treatment systems reported to the department pursuant to section 455B.243, as enacted by this Act.
15. In conducting the study, the department shall review the information submitted in annual inspection and maintenance reports, including proprietary treatment system functionality, causes of deficiencies, and maintenance practices. The department shall also review any other data the department determines relevant to evaluating system performance.
16. The study shall include analysis of inspection, monitoring, and maintenance data collected from July 1, 2026, to December 1, 2027, for purposes of evaluating the performance, reliability, maintenance needs, and common causes of malfunction of proprietary treatment systems.
17. The department shall submit to the general assembly on or before January 10, 2028, a report detailing the department’s findings and recommendations. Sec. ___. APPLICABILITY. This division of this Act applies to the inspection, monitoring, and maintenance of proprietary treatment systems, as defined in section 455B.241, as enacted by this Act, performed on or after July 1,
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19. Title page, by striking lines 1 through 4 and inserting “An Act relating to resources of the state, including by providing for the promotion and regulation of agricultural commodities and products; the regulation of the”
20. Title page, line 6, by striking “agricultural”
21. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book