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HB 1541

Agriculture Linked Deposits Program; definitions; procedures; deposit amounts; effective date; emergency.

2025 Regular Session Introduced by Spencer Kern and 1 co-sponsor

HB 1541 would vest exclusive rulemaking over septic, sewer and private water systems in the North Dakota DEQ, centralizing regulation and shifting local authority.

Becomes law without Governor's signature 05/14/2025
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Bill Summary · HB 1541

Summary — HB 1541 (North Dakota version)

Status: Introduced Dec. 6, 2024 — Second reading failed (yeas 4, nays 42).
Primary subject: Septic, sewer, and private water systems; Environmental Quality Advisory Committee; shifts in regulatory authority.

Purpose / Intent

HB 1541 would centralize and clarify state regulatory authority over sewer, septic, and private water systems by vesting exclusive rulemaking authority in the Department of Environmental Quality (DEQ), create an Environmental Quality Advisory Committee to advise DEQ, repeal an existing technical committee, and transfer oversight funds related to septic regulation to DEQ.

Key provisions and changes

  • Create and enact chapter 23.1‑17 NDCC establishing:

    • DEQ has exclusive authority to adopt rules on licensing, permitting, and inspections of sewer, septic, and private water systems; DEQ must provide assistance/guidance to Department of Health and Human Services (DHHS), water districts, municipalities, and local health boards.
    • An Environmental Quality Advisory Committee composed of:
    • The DEQ director (or designee) as chair (ex officio);
    • Three governor‑appointed representatives from local public health units;
    • Three governor‑appointed licensed septic installers (appointments from lists provided by a professional onsite wastewater recycling association).
    • Appointment requirements: appointed members must have been state residents for at least five years immediately before appointment; appointed terms are four years, staggered so no more than two expire each June 30; vacancies filled by governor.
    • Committee duties: recommend standards/procedures for licensing, permitting, and inspections (including a proposal that inspections be completed within one business day) and create/recommend a statewide technical guide for sewer/septic/private water systems.
    • Exemption: the chapter would not apply to systems constructed, produced, installed, or extended before August 1, 2025.

  • Amend existing statutes:

    • 23‑35‑02 (public health units): clarifies environmental public health core functions to include permitting and inspections of septic water systems and permits cooperative agreements between public health units and counties/cities for permitting/inspection.
    • 23‑35‑08 (boards of health): retains broad public health powers but explicitly excludes local rulemaking authority over licensing of septic system installers.
    • 23.1‑01‑03 (DEQ director): updates DEQ director powers/duties (text truncated in available documents).

  • Repeal: sections 23‑35‑02.2 and 23‑35‑02.3 NDCC — the “onsite wastewater recycling technical committee” would be repealed.

  • Transfer of funds: remaining funds in the State Plumbing Board fund related to septic regulation would be transferred at the end of the biennium to the DEQ operating fund for septic regulation.

  • Appropriation and effective date: bill text references an appropriation and provides for an effective date, but no specific dollar amounts appear in the provided excerpts.

Who would be affected

  • State agencies: Department of Environmental Quality (takes primary rulemaking/oversight role), Department of Health and Human Services (consulted and assisted).
  • Local entities: public health units, boards of health, counties, cities, municipalities, water districts — some local authorities (notably rulemaking for septic installer licensing) would be limited.
  • Industry and practitioners: licensed septic system installers (represented on the advisory committee), plumbing/state plumbing board (funds transfer).
  • Property owners: homeowners and businesses with septic/sewer/private water systems — new statewide rules and inspection policies would apply to systems installed after Aug. 1, 2025 (older systems exempted).
  • Previously existing technical advisory body: onsite wastewater recycling technical committee would be dissolved.

Procedural / timeline notes

  • Introduced Dec. 6, 2024. Received committee consideration and amendments in the 2025 session. On second reading (April 11, 2025) the bill failed to pass (yeas 4, nays 42), so it did not advance into law in this session.

Fiscal impact / implementation issues

  • No specific appropriation amounts were provided in the materials here. Potential implementation costs/impacts include DEQ staffing and administrative costs to assume exclusive rulemaking/inspection responsibilities and to meet a proposed one‑business‑day inspection requirement; transfer of existing plumbing board funds to DEQ was proposed to help cover regulatory activities. A detailed fiscal note would be required to quantify impacts.

Notes / considerations

  • The bill centralizes environmental infrastructure regulation at the state DEQ level and reduces some local board authorities (notably rules for licensing septic installers).
  • The one‑business‑day inspection requirement and statewide technical guide could standardize practices but may create operational and resource challenges for DEQ and regulated parties.
  • Systems installed before Aug. 1, 2025 were explicitly exempted, limiting immediate impact on existing systems.

Compiled from official sources — confirm details with the bill’s official record.

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