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type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
type title description jurisdiction legislature session identifier citation classification subjects status primary_sponsors version_count action_count vote_count first_action last_action source source_identifier source_url source_hash vintage source_snapshot retrieved_at confidence tags
Bill Sewage matters. Provides that a wastewater utility that is not subject to the jurisdiction of the Indiana utility regulatory commission (commission) and that receives wholesale wastewater service from another wastewater utility may not: (1) disconnect from wholesale wastewater service provided by the other wastewater utility; and (2) construct a new wastewater treatment plant to serve its customers; unless the wastewater utility obtains the approval of the commission. Requires: (1) a regional sewage district; or (2) certain municipalities; at least 90 days before requiring the connection of a property to a sewer system and the discontinuance of use of the property's septic system, to notify the property's owner about a statutory exemption from the requirement to connect to the sewer system that may apply to the property. Requires the Indiana department of health to update: (1) all matters incorporated by reference in the Indiana department of health rules concerning residential onsite sewage systems (the rules); and (2) all industry standard practices reflected in the rules; upon the recognition of new bulletins, standards, specifications, and industry standard practices that supersede the bulletins, standards, specifications, and industry standard practices incorporated by reference or otherwise reflected in the rules. Provides that the technical review panel must approve the updates before the Indiana department of health may update the rules. Provides that a county, city, or town ordinance that would restrict or prohibit the use of technology new to Indiana that has been approved by the technical review panel or that would otherwise vary from the rules: (1) if adopted after June 30, 2023, is not effective unless it is submitted to and approved by the technical review panel; and (2) if adopted before July 1, 2023, becomes void and unenforceable on July 1, 2023. Allows such an ordinance: (1) to be readopted by the legislative body of the county, city, or town; and (2) to be submitted to and approved by the technical review panel. Prohibits the installation of a residential onsite sewage system less than 25 feet from the edge of a sinkhole. Provides that an ordinance adopted by a local health department requiring an inspection of a septic system that is more stringent than the Indiana department of health's rule concerning residential onsite sewage systems is void and unenforceable. Provides that if a qualified professional listed in this bill has approved the design and specifications for the residential onsite sewage system, the local health department shall issue a permit for the residential onsite sewage system not more than 30 business days after receiving a complete application for the permit. Provides that a residential onsite sewage system may be installed in a lot meeting a certain description if at least one site on the lot is determined to be suitable for the installation of the residential onsite sewage system. Prohibits an employee of a local health department from entering a property to inspect a residential onsite sewage system: (1) if qualified professional listed in the bill has notified the local health department within the preceding 180 days that the residential onsite sewage system is functioning properly; or (2) if the owner or occupant has not been notified of the inspection by first class mail at least seven days before the inspection date. Provides the procedures for an owner or occupant of a property in which the local health department has determined that a residential onsite sewage system is in failure to receive a second opinion in order to withdraw the local health department's order. Provides that an individual who: (1) is registered with at least one Indiana county to provide onsite sewage system service; and (2) is certified as an inspector or installer by the Indiana Onsite Wastewater Professionals Association is entitled to provide onsite sewage system service in any county in Indiana, but may be required to pay a county license or registration fee before providing onsite sewage system service in a county other than the county in which the individual is licensed. us/states/in Indiana General Assembly 2023 HB 1402 Indiana HB 1402 (2023)
bill
ADMINISTRATIVE CODE; INDIANA REGISTER
CITIES AND TOWNS
CRIMES AND OFFENSES
Violations of Local Ordinances
HEALTH
State Department and Agencies
LOCAL GOVERNMENT
PROPERTY
SOLID WASTE
UTILITY REGULATORY COMMISSION
enacted
Chip Perfect
Jim Pressel
Rick Niemeyer
4 28 1 2023-01-17 2023-05-04 openstates ocd-bill/55650ad8-3987-4d46-812e-825d613c643c http://iga.in.gov/legislative/2023/bills/house/1402 5df081bb32670fabb8ccadeca377c3d8e9a0e1ebbf553c57e874e08e3b4b0777 2026-07-01 https://data.openstates.org/daily/2026-07-01/public.pgdump 2026-07-06 reported
legislation
bill
us-in

Indiana HB 1402 (2023) — Sewage matters.

Provides that a wastewater utility that is not subject to the jurisdiction of the Indiana utility regulatory commission (commission) and that receives wholesale wastewater service from another wastewater utility may not: (1) disconnect from wholesale wastewater service provided by the other wastewater utility; and (2) construct a new wastewater treatment plant to serve its customers; unless the wastewater utility obtains the approval of the commission. Requires: (1) a regional sewage district; or (2) certain municipalities; at least 90 days before requiring the connection of a property to a sewer system and the discontinuance of use of the property's septic system, to notify the property's owner about a statutory exemption from the requirement to connect to the sewer system that may apply to the property. Requires the Indiana department of health to update: (1) all matters incorporated by reference in the Indiana department of health rules concerning residential onsite sewage systems (the rules); and (2) all industry standard practices reflected in the rules; upon the recognition of new bulletins, standards, specifications, and industry standard practices that supersede the bulletins, standards, specifications, and industry standard practices incorporated by reference or otherwise reflected in the rules. Provides that the technical review panel must approve the updates before the Indiana department of health may update the rules. Provides that a county, city, or town ordinance that would restrict or prohibit the use of technology new to Indiana that has been approved by the technical review panel or that would otherwise vary from the rules: (1) if adopted after June 30, 2023, is not effective unless it is submitted to and approved by the technical review panel; and (2) if adopted before July 1, 2023, becomes void and unenforceable on July 1, 2023. Allows such an ordinance: (1) to be readopted by the legislative body of the county, city, or town; and (2) to be submitted to and approved by the technical review panel. Prohibits the installation of a residential onsite sewage system less than 25 feet from the edge of a sinkhole. Provides that an ordinance adopted by a local health department requiring an inspection of a septic system that is more stringent than the Indiana department of health's rule concerning residential onsite sewage systems is void and unenforceable. Provides that if a qualified professional listed in this bill has approved the design and specifications for the residential onsite sewage system, the local health department shall issue a permit for the residential onsite sewage system not more than 30 business days after receiving a complete application for the permit. Provides that a residential onsite sewage system may be installed in a lot meeting a certain description if at least one site on the lot is determined to be suitable for the installation of the residential onsite sewage system. Prohibits an employee of a local health department from entering a property to inspect a residential onsite sewage system: (1) if qualified professional listed in the bill has notified the local health department within the preceding 180 days that the residential onsite sewage system is functioning properly; or (2) if the owner or occupant has not been notified of the inspection by first class mail at least seven days before the inspection date. Provides the procedures for an owner or occupant of a property in which the local health department has determined that a residential onsite sewage system is in failure to receive a second opinion in order to withdraw the local health department's order. Provides that an individual who: (1) is registered with at least one Indiana county to provide onsite sewage system service; and (2) is certified as an inspector or installer by the Indiana Onsite Wastewater Professionals Association is entitled to provide onsite sewage system service in any county in Indiana, but may be required to pay a county license or registration fee before providing onsite sewage system service in a county other than the county in which the individual is licensed.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

  1. Enrolled House Bill (H) (committee substitute) — source
  2. House Bill (H) (committee substitute) — source
  3. House Bill (S) (committee substitute) — source
  4. Introduced House Bill (H) (committee substitute) — source

Votes

  • HB 1402 - Niemeyer - 3rd Reading — 480 (pass) · upper

Sponsors

  • Chip Perfect — primary (person)
  • Jim Pressel — primary (person)
  • Rick Niemeyer — primary (person)
  • Doug Miller — coauthor (person)

Timeline

The legislative action history — every referral, reading, and vote.

  • 2023-01-17 Authored by Representative Pressel
  • 2023-01-17 First reading: referred to Committee on Environmental Affairs reading-1, referral-committee
  • 2023-02-16 Committee report: amend do pass, adopted committee-passage
  • 2023-02-16 Representative Miller D added as coauthor
  • 2023-02-20 Second reading: ordered engrossed reading-2
  • 2023-02-21 Senate sponsors: Senators Niemeyer and Perfect
  • 2023-02-21 Third reading: passed; Roll Call 180: yeas 92, nays 0 passage, reading-3, reading-3
  • 2023-02-22 Referred to the Senate referral
  • 2023-03-06 First reading: referred to Committee on Environmental Affairs reading-1, referral-committee
  • 2023-03-28 Committee report: amend do pass, adopted committee-passage
  • 2023-03-30 Second reading: ordered engrossed reading-2
  • 2023-04-03 Third reading: passed; Roll Call 292: yeas 48, nays 0 passage, reading-3, reading-3
  • 2023-04-04 Returned to the House with amendments receipt
  • 2023-04-04 Motion to dissent filed filing
  • 2023-04-04 House dissented from Senate amendments
  • 2023-04-06 House conferees appointed: Pressel and Errington
  • 2023-04-06 House advisors appointed: Morris, Morrison, Bauer M and Jackson
  • 2023-04-13 Senate conferees appointed: Niemeyer and Yoder
  • 2023-04-13 Senate advisors appointed: Niezgodski and Perfect
  • 2023-04-26 CCR # 1 filed in the House filing
  • 2023-04-26 CCR # 1 filed in the Senate filing
  • 2023-04-27 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 526: yeas 94, nays 0
  • 2023-04-27 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 509: yeas 44, nays 5
  • 2023-04-28 Signed by the President Pro Tempore passage
  • 2023-04-28 Signed by the President of the Senate passage
  • 2023-05-01 Signed by the Speaker passage
  • 2023-05-04 Signed by the Governor executive-signature
  • 2023-05-04 Public Law 232 became-law

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/55650ad8-3987-4d46-812e-825d613c643c. Confidence: reported (aggregated from official Indiana legislature records).