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Committee advances bill to update state septic code, creates conditions for county funding clawback
Summary
House Bill 1052 passed the House Environmental Affairs Committee 11-2. The bill directs updates to Rule 4-10 (state septic code), changes Technical Review Panel procedures, and includes a provision that would rescind certain state funding if local health departments knowingly disregard statutory requirements.
The House Environmental Affairs Committee on Wednesday approved House Bill 1052, a multi-part measure to update Indiana's state septic code (Rule 4-10), change the Technical Review Panel (TRP) process for local septic ordinances and new technologies, and create a mechanism tied to state funding for local health departments.
Sponsor Rep. Pressell said the rule update is overdue and necessary to avoid a resurgence of widely varying county-level septic ordinances. "Rule 4-10 is very old," Pressell said; he told the committee that 92 different county septic ordinances exist and 24 new ordinances have been approved recently. The bill directs the Technical Review Panel and the Indiana Department of Health to update the administrative rule to reflect legislative changes and modern standards and to adopt uniform inspection criteria.
Key changes in the bill include: a requirement that the Department of Health update Rule 4-10 to reflect 2023-24 legislative changes and modern practices; a tie-breaking procedure for TRP votes (deadlocks would be returned to the county with deficiency recommendations); and a statutory provision tying certain state grant dollars (enacted under Senate Bill 4) to compliance, with language that would allow the state to reclaim funds if a local health department "willfully" disregards the law.
The Department of Health testified they were neutral with concerns about the bill's rulemaking timeline and the funding provision; department staff said they will work with the sponsor to address concerns. Industry groups, including the Indiana Builders Association and the Indiana On-Site Wastewater Professionals Association (IOPA), supported the measure and asked for timely adoption of consistent standards and inspection guidance.
Representative Pressell said his objective is a single, modern statewide septic code modeled on the state building code so counties will no longer maintain widely divergent rules. He acknowledged the TRP is overworked and recommended changing its meeting cadence to reduce member burden.
The committee approved the bill on a recorded vote of 11 yeas and 2 nays. Members voting no cited concerns over the funding-clawback provision and said they want more discussion with the Department of Health before final enactment.
The bill will proceed to the next stage of House consideration; the sponsor and department staff indicated a willingness to continue negotiations on the contested provisions.
