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SB 771

Environmental protection: sewage; onsite wastewater treatment systems; regulate, and provide for assessments and evaluations. Amends secs. 12751, 12752, 12757 & 12771 of 1978 PA 368 (MCL 333.12751 et seq.) & adds pt. 128.

2025-2026 Regular Session Introduced by Veronica Klinefelt and 3 co-sponsors

SB 771 creates a statewide oversight framework for onsite wastewater systems, mandating inspections, evaluations, and enforcement, with a technical committee and funding for implem

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Bill Summary · SB 771

Overview

  • Bill: SB 771 (2025-2026) – Michigan
  • Topic: Environmental protection related to sewage, onsite wastewater treatment systems (OWTS), regulations, assessments, and evaluations
  • Change scope: Amends sections of the Public Health Code (PA 368 of 1978) and adds Part 128 governing OWTS

Main purpose and intent

  • Strengthen regulation, inspection, and oversight of onsite wastewater systems and related structures not connected to public sanitary sewer systems.
  • Create a comprehensive framework for evaluating, maintaining, and, when needed, remedying failures or nonconforming conditions in OWTS.
  • Establish a statewide code, a funding mechanism, training/credentialing, and a technical advisory committee to guide standards and implementation.

Key provisions and changes

  • Definitions (Sec. 12751, 12801, etc.): Establishes terminology for acceptable innovative/alternative waste treatment systems, acceptable greywater systems, holding tanks, evaluators, conventional vs. alternative OWTS, and related terms (e.g., failure, management, nonproprietary vs. proprietary technologies).
  • Regulation and enforcement (Sec. 12752; Part 128 generally):
    • OWTS and related premises become subject to Part 128 regulation; local health departments will implement and enforce rules, with state-level alignment to the statewide sewage code.
    • Allows inspections, evaluations, and enforcement actions; includes right-of-entry protections and fee authority.
    • Creates a revolving Public Education and Training Fund to support outreach and training for OWTS management.
  • Innovative/alternative systems (Sec. 12757; Sec. 12803, 12805, 12807):
    • Local health departments may regulate acceptable innovative/alternative systems (including combinations with acceptable greywater systems).
    • Local health departments can inspect annually and charge fees for inspections and plan reviews.
    • Requires record-keeping and reporting to the department and local governments; the department maintains a registry of approved systems.
    • Provisions on financing and sewer connections: exemptions from certain connection/user fees when using alternatives, with potential sewer availability fees if financed through existing sewer projects.
  • Outhouses (Sec. 12771):
    • Maintains rules governing outhouses; statewide sewage code supersedes older rules; violators face misdemeanor penalties and outhouses can be deemed public nuisances.
  • OWTS construction permits and building adoption (Sec. 12807):
    • Construction permits required for installing/altering OWTS; building permits and occupancy certificates may be conditioned on compliance and final inspections.
  • Proprietary products registration (Sec. 12811):
    • Requires registration of proprietary OWTS products with the department after a 45-day window post-rulemaking; sets a 5-year registration term, with annual adjustments for CPI-based fees.
    • Provides grounds for denial/suspension/revocation for fraud, non-performance, or failure to meet standards.
  • Statewide sewage code and standards development (Sec. 12813, 12817, 12821, 12825):
    • Department must develop minimum standards and criteria for various system types and instruct local health departments.
    • Establishes a Technical Advisory Committee to advise on standards, training, evaluation requirements, and ethical guidelines.
    • Rules to establish a statewide code by a target date (not later than 3 years after enactment).
    • Set timelines for evaluations, variances, and enforcement procedures, including penalties for noncompliance and potential liens after a defined period.
  • Evaluations and timelines (Sec. 12821):
    • Requires OWTS evaluations for structures not connected to public sewer, with phased timelines (initial evaluations within years after rules, then ongoing every 10 years under certain conditions).
    • Details on evaluation procedures, reporting, pumping requirements, and corrective actions.
    • Civil fines for noncompliance, potential waivers based on income or financial hardship, and lien mechanics starting two years after fines.

Who/what would be affected

  • Property owners with OWTS, including those using innovative/alternative or greywater systems.
  • Local health departments and authorized evaluators conducting OWTS assessments.
  • Manufacturers and distributors of OWTS products (proprietary and nonproprietary).
  • Septage waste services and contractors conducting pumping/maintenance.
  • Local governments, particularly regarding sewer connection fees and availability charges.
  • Professionals involved in installation, maintenance, and evaluation (engineers, sanitarian-like roles, installers, service providers).

Procedural and timeline aspects

  • Rulemaking: Department to promulgate statewide rules under Part 128 within a multi-year timeline (not later than 3 years after enactment for the statewide code).
  • Plan approvals: Local health departments must submit implementation plans within specific timeframes after rulemaking.
  • Evaluations: First OWTS evaluations phased in after rules; then periodic evaluations every 10 years, with extensions possible for funding or staffing constraints.
  • Fees and fines: Structured state and local fees, with CPI adjustments; civil fines for noncompliance and potential waivers under hardship provisions.
  • Advisory structure: Establishes a Technical Advisory Committee with broad representation; committee recommendations due within a set period after appointment.

Note: This summary reflects the bill’s stated provisions and intended regulatory framework; actual implementation details would depend on final enacted language and department rulemaking.

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

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