H376 - Water/Wastewater Affordability & Capacity Act. (SL 2026-32)

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Session Year 2024

Overview: Section 7 of S.L. 2026-32 (House Bill 376) requires any modifications proposed by a local board of health to rules adopted by the Commission for Public Health (Commission) to be approved by the Department of Health and Human Services (DHHS) after DHHS notices and holds a public hearing on the proposed rules. Local rules must be at least as stringent as rules adopted by the Commission, and necessary to protect the public health.

This section forbids any person from covering or using a system of wastewater collection, treatment, and disposal until a local health department inspects the system and determines that it was installed or repaired in accordance with an Improvement Permit, a Construction Authorization, other rules, and State law.

If a wastewater system is installed or repaired in accordance with an Improvement Permit, Construction Authorization, or other requirements, then the local health department is required to issue an operation permit that authorizes a residence, place of business, or place of public assembly to be occupied, and for the wastewater system to be used or reused.

This section became effective on July 2, 2026, and applies to permits applied for on or after that date.

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