A BILL TO BE ENTITLED
AN ACT amending the laws pertaining to on‑site wastewater contractors and inspectors.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90A‑71 reads as rewritten:
"§ 90A‑71.  Definitions.
The following definitions apply in this Article:
(1)	"Board" means the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board.
(2)	"Contractor" means a person who constructs, installs, or repairs, or offers to construct, install, or repair an on‑site wastewater system in the State.
(3)	"Conventional wastewater system" has the same meaning as in G.S. 130A‑343(a)(3).
(4)	"Department" means the Department of Environment and Natural Resources.
(5)	"Inspector" means a person who conducts an inspection in accordance with rules adopted by the Board.
(5a)	"Inspection" means an examination of an on‑site wastewater system permitted under the provisions of Article 11 of Chapter 130A of the General Statutes, when requested by a lending institution, realtor, prospective homebuyer, or other impacted party as a condition of sale, refinancing, or transfer of title, which examination shall meet the minimum requirements established by the Board.
(6)	"On‑site wastewater system" means any wastewater system permitted under the provisions of Article 11 of Chapter 130A of the General Statutes that does not discharge to a treatment facility or the surface waters of the State.
(7)	"Person" means all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities, or political subdivisions, governmental agencies, or private or public corporations organized and existing under the laws of this State or any other state or country.
(8)	"Wastewater treatment facility" means a mechanical or chemical treatment facility serving a site with multiple wastewater sources."
SECTION 2.  G.S. 90A‑72 reads as rewritten:
"§ 90A‑72.  Certification required; applicability.
(a)	Certification Required. – No person shall construct, install, or repair or offer to construct, install, or repair an on‑site wastewater system as permitted under Article 11 of Chapter 130A of the General Statutes without being certified as a contractor at the required level of certification for the specified system. No person shall conduct an inspection or offer to conduct an inspection of an on‑site wastewater system as permitted under Article 11 of Chapter 130A of the General Statutes without being certified in accordance with the provisions of this Article.
(b)	Applicability. – This Article does not apply to the following:
(1)	A person who is employed by a certified contractor or inspector in connection with the construction, installation, repair, or inspection of an on‑site wastewater system performed under the direct and personal supervision of the certified contractor or inspector in charge.
(2)	A person who constructs, installs, or repairs an on‑site wastewater system described as a single septic tank with a gravity‑fed gravel trench dispersal media when located on land owned by that person and that is intended solely for use by that person and members of that person's immediate family when residing in the same dwelling.
(3)	A person licensed under Article 1 of Chapter 87 of the General Statutes who constructs or installs an on‑site wastewater system ancillary to the building being constructed or who provides corrective services and labor for the on‑site wastewater system ancillary to the constructed building.
(4)	A person who is certified by the Water Pollution Control System Operators Certification Commission and contracted to provide necessary operation and maintenance on the permitted on‑site wastewater system.
(5)	A person permitted under Article 21 of Chapter 143 of the General Statutes who is constructing a water pollution control facility necessary to comply with the terms and conditions of a National Pollutant Discharge Elimination System (NPDES) permit.
(6)	A person licensed under Article 1 of Chapter 87 of the General Statutes as a licensed public utilities contractor who is installing or expanding a wastewater treatment facility, including a collection system, designed by a registered professional engineer.
(7)	A plumbing contractor licensed under Article 2 of Chapter 87 of the General Statutes, so long as the plumber is not performing plumbing work that includes the installation or repair of a septic tank or similar depository, or lines or appurtenances downstream from the point where the house or building sewer lines from the plumbing system meet the septic tank or similar depository."
SECTION 3.  G.S. 90A‑73(a) reads as rewritten:
"(a)	Creation and Appointments. – There is created the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board. The Board shall consist of nine members appointed to three‑year terms as follows:
(1)	One member appointed by the Governor who, at the time of appointment, is engaged in the construction, installation, repair, or inspection of on‑site wastewater systems, to a term that expires on 1 July of years that precede by one year those years that are evenly divisible by three.
(2)	One member appointed by the Governor who, at the time of appointment, is engaged in the construction, installation, repair, or inspection of on‑site wastewater systems, to a term that expires on 1 July of years evenly divisible by three.
(3)	One member appointed by the Governor who is an employee of the Division of Environmental Health of the Department to a term that expires on 1 July of years that follow by one year those years that are evenly divisible by three.
(4)	One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate who, at the time of appointment, is engaged in the construction, installation, repair, or inspection of on‑site wastewater systems, to a term that expires on 1 July of years that follow by one year those years that are evenly divisible by three.
(5)	One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate who, at the time of appointment, is engaged in the business of inspecting on‑site wastewater systems, to a term that expires on 1 July of years that precede by one year those years that are evenly divisible by three.
(6)	One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate upon the recommendation of the North Carolina Home Builders Association, to a term that expires on 1 July of years evenly divisible by three.
(7)	One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who, at the time of appointment, is engaged in the construction, installation, repair, or inspection of on‑site wastewater systems, to a term that expires on 1 July of years evenly divisible by three.
(8)	One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who, at the time of appointment, is (i) employed as an environmental health specialist, and (ii) engaged primarily in the inspection and permitting of on‑site wastewater systems, to a term that expires on 1 July of years that follow by one year those years that are evenly divisible by three.
(9)	One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who, at the time of appointment, is a certified water treatment facility operator pursuant to Article 2 of Chapter 90A of the General Statutes, to a term that expires on 1 July of years that precede by one year those years that are evenly divisible by three."
SECTION 4.  G.S. 90A‑74(4) reads as rewritten:
"The Board shall have the following general powers and duties:
…
(4)	To develop and administer examinations for specific grade levels as approved by the Board. The Board may approve applications by recognized associations for certification of its members after a review of the requirements of the association to ensure that they are equivalent to the requirements of the Board.
…."
SECTION 5.  G.S. 90A‑76 reads as rewritten:
"§ 90A‑76.  On‑Site Wastewater Certification Fund.
The On‑Site Wastewater Certification Fund is created as a nonreverting account established and controlled by the Board. All fees collected pursuant to this Article shall be credited to the Fund. The Fund shall be used solely for the costs of administering this Article."
SECTION 6.  G.S. 90A‑77(a) reads as rewritten:
"(a)	Certification. – The Board shall issue a certificate of the appropriate grade level to an applicant who satisfies all of the following conditions:
(1)	Is at least 18 years of age.
(2)	Submits a properly completed application to the Board.
(3)	Completes the basic on‑site wastewater education program approved by the Board for the specified grade levels as determined by the Board.
	
(5)	Completes any additional training program designed by the Board specific to the grade level for which the applicant is applying.
(6)	Pays the applicable fees set by the Board for the particular application and grade level.
(7)	For grade levels as determined by the Board, passes a written or oral examination that tests the applicant's proficiency in all of the following areas:
a.	Principles of public and environmental health associated with on‑site wastewater systems.
b.	Principles of construction and safety.
c.	Technical and practical knowledge of on‑site wastewater systems typical to the specified grade level.
d.	Laws and rules related to the installation, construction, repair, or inspection of the specified on‑site wastewater system."
SECTION 7.  Fees held by the Department of Environment and Natural Resources pursuant to the On‑Site Wastewater Certification Fund under G.S. 90A‑76 shall be transferred to the North Carolina On‑Site Wastewater Contractors and Inspectors Certification Board in accordance with G.S. 90A‑76, as enacted in Section 5 of this act, on the effective date of this act.
SECTION 8.  This act is effective when it becomes law.