Text: HSB00705                          Text: HSB00707
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House Study Bill 706

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  455B.193  PRIVATE SEWAGE DISPOSAL
  1  2 SYSTEM CONTRACTOR CERTIFICATION PROGRAM.
  1  3    1.  As used in this section, unless the context otherwise
  1  4 requires:
  1  5    a.  "Contractor" means a person engaged in the
  1  6 construction, maintenance, or reconstruction of private sewage
  1  7 disposal systems.
  1  8    b.  "Council" means the private sewage disposal system
  1  9 contractor council established in subsection 3.
  1 10    c.  "Disposal system services" means new private sewage
  1 11 disposal system construction, installation, reconstruction,
  1 12 and the maintenance of systems except for the pumping out of
  1 13 solids and liquids.
  1 14    d.  "Examination" means an examination for private sewage
  1 15 disposal system contractors which includes, but is not limited
  1 16 to, relevant aspects of state water quality and groundwater
  1 17 law, private sewage disposal system construction and
  1 18 maintenance, and the impact of proper installation and
  1 19 maintenance on surface and groundwater in the state.
  1 20    e.  "Groundwater" means groundwater as defined in section
  1 21 455E.2.
  1 22    f.  "Private sewage disposal system" means a system as
  1 23 defined in section 455B.171.
  1 24    2.  The department shall establish a private sewage
  1 25 disposal system contractor certification program which shall
  1 26 include all of the following:
  1 27    a.  Specification of certification requirements, including
  1 28 minimum work experience levels, successful completion of an
  1 29 examination, and continuing education requirements.
  1 30    b.  A certified contractor shall be present at the site and
  1 31 in direct charge of the services whenever disposal system
  1 32 services are provided.
  1 33    c.  A person shall not act as a contractor as required in
  1 34 section 558A.4 on or after January 1, 2002, unless the person
  1 35 is certified by the department pursuant to this section.
  2  1    d.  Violation of the rules regarding private sewage
  2  2 disposal system construction, installation, or maintenance are
  2  3 grounds for suspension or revocation of certification.
  2  4    e.  Provisional certification may be obtained by an
  2  5 applicant in instances of shortages of certified personnel if
  2  6 all of the following conditions are met:
  2  7    (1)  The applicant provides documentation of at least one
  2  8 year of work experience in private sewage disposal system
  2  9 services performed under the direct supervision of a certified
  2 10 contractor.
  2 11    (2)  The applicant successfully completes the certification
  2 12 examination.
  2 13    (3)  A certified contractor who employs an applicant for
  2 14 contractor certification cosigns the application for
  2 15 provisional certification.  An employer who cosigns an
  2 16 application for provisional certification is jointly liable
  2 17 for a violation of the rules regarding construction,
  2 18 maintenance, or reconstruction of private sewage disposal
  2 19 systems by the provisionally certified contractor and the
  2 20 violation is grounds for the suspension or revocation of the
  2 21 certification of the certified contractor and the
  2 22 provisionally certified contractor.
  2 23    f.  The department shall develop continuing education
  2 24 requirements for certification of a contractor in consultation
  2 25 with the council.
  2 26    g.  The examination shall be developed by the department in
  2 27 consultation with the council.  The examination shall be
  2 28 updated as necessary to reflect current law and private sewage
  2 29 disposal system installation, construction, and maintenance
  2 30 practices.
  2 31    h.  The department may provide for contractor
  2 32 certifications of more than one year.
  2 33    3.  A private sewage disposal system contractor council is
  2 34 established.
  2 35    a.  The council shall consist of the following members:
  3  1    (1)  Two private sewage disposal system contractors
  3  2 appointed by the governor and subject to confirmation by the
  3  3 senate.
  3  4    (2)  One citizen member from the Iowa groundwater
  3  5 association or it successor, appointed by the governor and
  3  6 subject to confirmation by the senate.
  3  7    (3)  One citizen member from the Iowa environmental health
  3  8 association or its successor, appointed by the governor and
  3  9 subject to confirmation by the senate.
  3 10    (4)  The director of public health or the director's
  3 11 designee.
  3 12    (5)  The state geologist or the state geologist's designee.
  3 13    (6)  The director of the state hygienic laboratory or the
  3 14 director's designee.
  3 15    b.  Citizen members of the council shall serve two-year
  3 16 terms beginning and ending as provided in section 69.19.  A
  3 17 citizen member of the council shall not serve more than two
  3 18 consecutive terms.  The council shall be gender balanced in
  3 19 accordance with section 69.16A.  Section 69.16 shall only
  3 20 apply to subsection 3, paragraph "a", subparagraphs (1)
  3 21 through (3).
  3 22    c.  The council shall be dissolved six months after
  3 23 completion of the following:
  3 24    (1)  Publication of the consumer information pamphlet.
  3 25    (2)  Adoption of rules by the commission.
  3 26    (3)  Administration of the second certification
  3 27 examination.
  3 28    4.  The department shall develop, in consultation with the
  3 29 council, a consumer information pamphlet regarding the
  3 30 construction, maintenance, and reconstruction of private
  3 31 sewage disposal systems and applicable laws.  The department
  3 32 shall review and revise the consumer information pamphlet as
  3 33 necessary.  The consumer information pamphlet shall be
  3 34 supplied to contractors, at cost, and contractors shall supply
  3 35 one copy at no cost to potential customers prior to initiation
  4  1 of disposal system services.
  4  2    5.  The department shall, in consultation with the council,
  4  3 establish by rule and collect the following fees to be used to
  4  4 implement and administer the provisions of this section:
  4  5    a.  An annual certification fee to be paid by certified
  4  6 contractors.  The initial annual certification fee is one
  4  7 hundred fifty dollars.  The fee may be increased by rule, as
  4  8 necessary, to reflect the costs of administration of the
  4  9 program.
  4 10    b.  The department may also charge and collect fees for
  4 11 testing, the provision of continuing education, and other fees
  4 12 related to and based on the actual costs of the contractor
  4 13 certification program.
  4 14    6.  Rules adopted by the commission shall be developed in
  4 15 consultation with the council.  If a majority of the council
  4 16 does not endorse the rules adopted by the commission, notice
  4 17 shall be sent to the administrative rules review committee
  4 18 indicating the council's position.
  4 19    Sec. 2.  Section 558A.4, Code 1999, is amended by adding
  4 20 the following new subsections:
  4 21    NEW SUBSECTION.  3.  In addition to the disclosure
  4 22 statement, after July 1, 2002, the transferor shall provide
  4 23 the transferee with both of the following:
  4 24    a.  Evidence that any private well or private sewage
  4 25 disposal system serving the property has been inspected by the
  4 26 county where available or by a certified private sewage
  4 27 disposal system contractor.
  4 28    b.  A written report regarding any maintenance or
  4 29 improvements needed for the well or private sewage disposal
  4 30 system to operate in compliance with current law.
  4 31    NEW SUBSECTION.  4.  In addition to the disclosure
  4 32 statement, when real property is transferred for the purpose
  4 33 of constructing one or more new residences, the transferor
  4 34 shall provide the transferee a statement from the city or
  4 35 county, as appropriate, indicating the means by which the
  5  1 property will be provided with public drinking water and the
  5  2 means for disposal of sanitary waste.  In cases where private
  5  3 on-site water and wastewater systems will be necessary, the
  5  4 statement shall indicate that the local government has been
  5  5 provided with evidence that the options suggested can be
  5  6 implemented successfully in compliance with applicable law.  
  5  7                           EXPLANATION
  5  8    This bill creates in new Code section 455B.193 a
  5  9 certification program for private sewage disposal system
  5 10 contractors.  The bill would require an applicant to pass an
  5 11 examination prior to being certified and requires that, on or
  5 12 after January 1, 2002, a contractor must be certified before
  5 13 acting as a private sewage disposal system contractor for the
  5 14 purposes of providing private well or private sewage disposal
  5 15 system inspection information for a real estate transaction.
  5 16 The bill allows for provisional certifications in instances of
  5 17 shortages of certified personnel and if certain conditions are
  5 18 met.  The bill establishes a private sewage disposal system
  5 19 contractor council to consult with the department regarding
  5 20 the development of the examination, the consumer information
  5 21 pamphlet, and the administrative rules.  The bill allows the
  5 22 department to establish and collect fees used to implement and
  5 23 administer the certification program.
  5 24    The bill amends Code section 558A.4 to provide that, in
  5 25 addition to a real estate disclosure statement, a transferor
  5 26 of real property shall provide the transferee with evidence
  5 27 that any private well or private sewage disposal system
  5 28 serving the property has been inspected by a certified
  5 29 contractor and that maintenance and improvements to the system
  5 30 be reported.
  5 31    The bill also amends Code section 558A.4 to provide that,
  5 32 in addition to the real estate disclosure statement, when real
  5 33 property is transferred for the purpose of constructing one or
  5 34 more new residences, the transferee shall be provided with a
  5 35 statement from the city or county indicating the means by
  6  1 which the property will be provided with drinking water and
  6  2 disposal of sanitary waste.  
  6  3 LSB 5957DP 78
  6  4 tm/as/5.1
     

Text: HSB00705                          Text: HSB00707
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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