House
File
2748
H-8293
Amend
House
File
2748
as
follows:
1
1.
Page
27,
after
line
2
by
inserting:
2
<
DIVISION
___
3
PROPRIETARY
TREATMENT
SYSTEMS
4
Sec.
___.
NEW
SECTION
.
455B.241
Definitions.
5
As
used
in
this
part
3
of
subchapter
III,
unless
the
context
6
otherwise
requires:
7
1.
“Certified
technician”
means
a
person
who
is
certified
8
in
accordance
with
the
manufacturer
to
monitor,
maintain,
and
9
inspect
proprietary
treatment
systems.
10
2.
a.
“Class
A
proprietary
treatment
system”
means
a
11
media-based
or
passive
secondary
treatment
system
that
is
12
certified
by
an
accreditation
body,
including
a
certification
13
meeting
national
sanitation
foundation
standard
40
class
I.
14
b.
“Class
A
proprietary
treatment
system”
includes
but
is
15
not
limited
to
a
peat
moss
biofilter,
coconut
fiber
filter,
16
synthetic
foam
filter,
polystyrene
bead
media
filter,
or
17
textile
filter.
18
3.
“Class
B
proprietary
treatment
system”
means
a
secondary
19
treatment
system
that
relies
on
mechanical
aeration
that
is
20
certified
by
an
accreditation
body,
including
a
certification
21
meeting
national
sanitation
foundation
standard
40
class
I.
22
4.
“Proprietary
treatment
system”
or
“system”
means
either
23
a
class
A
proprietary
treatment
system
or
class
B
proprietary
24
treatment
system.
25
Sec.
___.
NEW
SECTION
.
455B.242
Monitoring
and
maintenance
26
requirements.
27
1.
Prior
to
the
installation
of
a
proprietary
treatment
28
system,
the
system
owner
and
a
certified
technician
shall
enter
29
into
a
contract
for
monitoring
and
maintenance
of
the
system.
30
The
contract
shall
be
required
for
the
life
of
the
system,
and
31
a
copy
of
the
contract
shall
be
provided
to
the
applicable
32
administrative
authority.
33
2.
A
proprietary
treatment
system
shall
be
inspected,
34
monitored,
and
maintained
by
the
certified
technician
in
35
-1-
HF
2748.3808
(1)
91
da/js
1/
4
#1.
accordance
with
the
manufacturer’s
specifications.
A
class
1
A
proprietary
treatment
system
shall
be
maintained
at
least
2
annually.
A
class
B
proprietary
treatment
system
shall
be
3
maintained
at
least
twice
per
year
or
more
frequently
if
4
required
by
the
manufacturer’s
specifications.
5
3.
Any
maintenance
and
visual
inspection
of
a
proprietary
6
treatment
system
shall
be
performed
by
a
certified
technician.
7
A
certified
technician
shall
report
results,
as
provided
in
8
section
455B.243,
to
the
system
owner
and
to
the
applicable
9
administrative
authority
within
thirty
days
following
the
10
inspection.
The
certified
technician
shall
also
report
any
11
discontinuance
or
proprietary
treatment
system
maintenance
to
12
the
applicable
administrative
authority.
13
4.
A
proprietary
treatment
system
may
be
used
when
the
14
applicable
administrative
authority
determines
the
site
is
15
unacceptable
for
a
conventional
subsurface
soil
absorption
16
system.
Preference
shall
be
given
to
the
use
of
a
class
A
17
proprietary
treatment
system
due
to
the
operating
principle
18
being
similar
to
that
of
intermittent
subsurface
sand
filter
19
beds.
A
class
B
proprietary
treatment
system
shall
not
be
20
used
on
a
vacation
home,
church,
or
event
facility,
or
other
21
seasonal
or
infrequent
use
facility.
22
Sec.
___.
NEW
SECTION
.
455B.243
Reporting.
23
1.
A
maintenance
and
visual
inspection
report
for
a
class
A
24
proprietary
treatment
system
or
class
B
proprietary
treatment
25
system,
as
required
under
section
455B.242,
shall
record
at
26
least
the
following
information:
27
a.
The
date
of
the
inspection.
28
b.
The
type
of
proprietary
treatment
system.
29
c.
Whether
the
proprietary
treatment
system
is
functioning
30
correctly
or
functioning
incorrectly.
31
d.
Any
sign
of
equipment
malfunction,
the
cause
of
the
32
malfunction,
and
the
corrective
action
taken.
33
e.
Results
of
water
testing
if
the
proprietary
treatment
34
system
is
subject
to
national
pollution
discharge
elimination
35
-2-
HF
2748.3808
(1)
91
da/js
2/
4
system
general
permit
number
four.
1
f.
If
the
proprietary
treatment
system
is
functioning
2
incorrectly,
the
primary
reason
for
the
deficiency,
including
3
but
not
limited
to:
4
(1)
Improper
installation.
5
(2)
Lack
of
required
maintenance.
6
(3)
Improper
operation
or
malfunction.
7
(4)
Other
damages
or
conditions
contributing
to
the
8
malfunction.
9
2.
The
completed
report
shall
be
submitted
to
the
department
10
by
the
certified
technician
in
the
form
and
manner
prescribed
11
by
the
department.
12
3.
The
department
shall
compile
the
information
and
13
shall
maintain
a
publicly
accessible
database
summarizing
14
inspection
outcomes.
The
database
shall
not
include
personally
15
identifiable
information.
16
4.
The
department
shall
not
assess
any
fees
associated
with
17
the
receipt,
collection,
or
analysis
of
reports
required
under
18
this
section.
19
Sec.
___.
NEW
SECTION
.
455B.244
Rulemaking
authority.
20
The
department
may
adopt
rules
as
necessary
to
administer
21
this
part.
22
Sec.
___.
DEPARTMENT
OF
NATURAL
RESOURCES
——
PROPRIETARY
23
TREATMENT
SYSTEM
STUDY.
24
1.
The
department
of
natural
resources
shall
conduct
a
25
study
utilizing
the
information
regarding
proprietary
treatment
26
systems
reported
to
the
department
pursuant
to
section
27
455B.243,
as
enacted
by
this
Act.
28
2.
In
conducting
the
study,
the
department
shall
review
29
the
information
submitted
in
annual
inspection
and
maintenance
30
reports,
including
proprietary
treatment
system
functionality,
31
causes
of
deficiencies,
and
maintenance
practices.
The
32
department
shall
also
review
any
other
data
the
department
33
determines
relevant
to
evaluating
system
performance.
34
3.
The
study
shall
include
analysis
of
inspection,
35
-3-
HF
2748.3808
(1)
91
da/js
3/
4
monitoring,
and
maintenance
data
collected
from
July
1,
1
2026,
to
December
1,
2027,
for
purposes
of
evaluating
the
2
performance,
reliability,
maintenance
needs,
and
common
causes
3
of
malfunction
of
proprietary
treatment
systems.
4
4.
The
department
shall
submit
to
the
general
assembly
on
or
5
before
January
10,
2028,
a
report
detailing
the
department’s
6
findings
and
recommendations.
7
Sec.
___.
APPLICABILITY.
This
division
of
this
Act
applies
8
to
the
inspection,
monitoring,
and
maintenance
of
proprietary
9
treatment
systems,
as
defined
in
section
455B.241,
as
enacted
10
by
this
Act,
performed
on
or
after
July
1,
2026.
>
11
2.
Title
page,
by
striking
lines
1
through
4
and
inserting
12
<
An
Act
relating
to
resources
of
the
state,
including
by
13
providing
for
the
promotion
and
regulation
of
agricultural
14
commodities
and
products;
the
regulation
of
the
>
15
3.
Title
page,
line
6,
by
striking
<
agricultural
>
16
4.
By
renumbering
as
necessary.
17
______________________________
MOMMSEN
of
Clinton
-4-
HF
2748.3808
(1)
91
da/js
4/
4
#2.
#3.
#4.