1.1 	A bill for an act
1.2 	relating to environment; modifying disclosure requirements for subsurface sewage 
1.3 	treatment systems; requiring rulemaking;amending Minnesota Statutes 2024, 
1.4 	section 115.55, subdivisions 1, 5, by adding a subdivision; repealing Minnesota 
1.5 	Statutes 2024, section 115.55, subdivision 6.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2024, section 115.55, subdivision 1, is amended to read:
1.8 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to sections 
1.9 	115.55 to 115.56.
1.10 	(b) "Advisory committee" means the Advisory Committee on Subsurface Sewage 
1.11 	Treatment Systems established under the subsurface sewage treatment system rules. The 
1.12 	advisory committee must be appointed to ensure geographic representation of the state and 
1.13 	include elected public officials.
1.14 	(c) "Applicable requirements" means:
1.15 	(1) local ordinances that comply with the subsurface sewage treatment system rules, as 
1.16 	required in subdivision 2; or
1.17 	(2) in areas without compliant ordinances described in clause (1), the subsurface sewage 
1.18 	treatment system rules.
1.19 	(d) "Building sewer connected to a subsurface sewage treatment system" means the pipe 
1.20 	that connects a structure to a subsurface sewage treatment system. Building sewers connected 
1.21 	to subsurface sewage treatment systems are codefined as both plumbing and subsurface 
1.22 	sewage treatment system components.
2.1 	(e) "Certificate of compliance" means a certificate issued by a licensed inspection business 
2.2 	or certified local unit of government inspector on the form created under subdivision 14.
2.3 	(e) (f) "City" means a statutory or home rule charter city.
2.4 	(f) (g) "Commissioner" means the commissioner of the Pollution Control Agency.
2.5 	(g) (h) "Dwelling" means a building or place used or intended to be used by human 
2.6 	occupants as a single-family or two-family unit.
2.7 	(h) (i) "Subsurface sewage treatment system" or "system" means a sewage treatment 
2.8 	system, or part thereof, that uses subsurface soil treatment and disposal, or a holding tank, 
2.9 	serving a dwelling, other establishment, or a group thereof, and that does not require a state 
2.10 	permit. Subsurface sewage treatment system includes a building sewer connected to a 
2.11 	subsurface sewage treatment system.
2.12 	(i) (j) "Subsurface sewage treatment system professional" means an inspector, installer, 
2.13 	designer, service provider, or maintainer.
2.14 	(j) (k) "Subsurface sewage treatment system rules" means rules adopted by the agency 
2.15 	that establish minimum standards and criteria for the design, location, installation, use, 
2.16 	maintenance, and closure of subsurface sewage treatment systems.
2.17 	(k) (l) "Inspector" means a person who inspects subsurface sewage treatment systems 
2.18 	for compliance with the applicable requirements.
2.19 	(l) (m) "Installer" means a person who constructs or repairs subsurface sewage treatment 
2.20 	systems.
2.21 	(m) (n) "Local unit of government" means a township, city, or county.
2.22 	(n) (o) "Performance-based system" means a system that is designed specifically for 
2.23 	environmental conditions on a site and is designed to adequately protect the public health 
2.24 	and the environment and provide consistent, reliable, long-term performance. At a minimum, 
2.25 	a performance-based system must ensure that applicable water quality standards are met in 
2.26 	both groundwater and surface water that ultimately receive the treated sewage.
2.27 	(o) (p) "Maintainer" means a person who removes solids and liquids from and maintains 
2.28 	and repairs components of subsurface sewage treatment systems including, but not limited 
2.29 	to, sewage, aerobic, and holding tanks.
2.30 	(p) (q) "Seasonal dwelling" means a dwelling that is occupied or used for less than 180 
2.31 	days per year and less than 120 consecutive days.
3.1 	(q) (r) "Septic system tank" means any covered receptacle designed, constructed, and 
3.2 	installed as part of a subsurface sewage treatment system.
3.3 	(r) (s) "Designer" means a person who:
3.4 	(1) investigates soils and site characteristics to determine suitability, limitations, and 
3.5 	sizing requirements; and
3.6 	(2) designs subsurface sewage treatment systems.
3.7 	(s) (t) "Straight-pipe system" means a sewage disposal system that transports raw or 
3.8 	partially treated sewage directly to a lake, a stream, a drainage system, or ground surface.

3.9 	Sec. 2. Minnesota Statutes 2024, section 115.55, subdivision 5, is amended to read:
3.10 		Subd. 5.Inspection. (a) An inspection shall be is required for all new construction or 
3.11 	replacement of a system to determine compliance with applicable requirements. The manner 
3.12 	and timing of inspection may be determined by the applicable local ordinance.
3.13 	(b) A local unit of government may not issue a building permit or variance for the addition 
3.14 	of a bedroom on property served by a system unless the system has been inspected to 
3.15 	determine compliance with the applicable requirements, as evidenced by a certificate of 
3.16 	compliance or notice of noncompliance issued by a licensed inspection business or certified 
3.17 	local unit of government inspector. A local unit of government may temporarily waive the 
3.18 	inspection requirement for a building permit or variance for which application is made 
3.19 	during the period from November 1 to April 30, provided that an inspection of the system 
3.20 	is performed by the following June 1 and the applicant submits a certificate of compliance 
3.21 	or notice of noncompliance within 15 days of the inspection. This paragraph does not apply 
3.22 	if the local unit of government does not have an ordinance requiring a building permit to 
3.23 	add a bedroom.
3.24 	(c) A certificate of compliance for an existing system is valid for three years from the 
3.25 	date of issuance unless the local unit of government finds evidence of an imminent threat 
3.26 	to public health or safety requiring removal and abatement under section 145A.04, 
3.27 	subdivision 8.
3.28 	(d) A certificate of compliance for a new system is valid for five years from the date of 
3.29 	issuance unless the local unit of government finds evidence of an imminent threat to public 
3.30 	health or safety requiring removal and abatement under section 145A.04, subdivision 8.
4.1 	(e) (c) A licensed inspection business that inspects an existing system may subsequently 
4.2 	design and install a new system for that property, provided the inspection business is licensed 
4.3 	to install subsurface sewage treatment systems.
4.4 	(f) (d) No certified professional may use the professional's position with government, 
4.5 	either as an employee or a contractor, to solicit business for the individual's private system 
4.6 	enterprise.

4.7 	Sec. 3. Minnesota Statutes 2024, section 115.55, is amended by adding a subdivision to 
4.8 	read:
4.9 		Subd. 14.Certificate of compliance. (a) Before signing an agreement to sell or transfer 
4.10 	real property, the seller or transferor must deliver to the buyer or transferee:
4.11 	(1) a written statement that the sewage goes to a facility permitted by the agency; or
4.12 	(2) a valid certificate of compliance.
4.13 	(b) The commissioner must develop a certificate of compliance form that can be used 
4.14 	to comply with paragraph (a), clause (2). The certificate of compliance form must require 
4.15 	at least the following information:
4.16 	(1) a description of the system that is in use or will be in use;
4.17 	(2) a statement that the system complies with all applicable requirements;
4.18 	(3) the legal description of the property or a property identification number;
4.19 	(4) the county where the property is located;
4.20 	(5) a map drawn from available information that shows the location of the system on 
4.21 	the property, to the extent practicable;
4.22 	(6) a map that shows the location of any abandoned subsurface sewage treatment system 
4.23 	on the property that the owner, seller, or transferor has knowledge of;
4.24 	(7) any knowledge or information about the compliance status of any subsurface sewage 
4.25 	treatment system on the property and whether the owner, seller, or transferor knows of any 
4.26 	straight-pipe system on the property; and
4.27 	(8) a copy of any previous inspection reports completed in accordance with subdivision 
4.28 	5 or 5a.
4.29 	(c) A certificate of compliance is valid for the following periods from the date of issuance 
4.30 	unless the local unit of government finds evidence of an imminent threat to public health 
4.31 	or safety requiring removal and abatement under section 145A.04, subdivision 8:
5.1 	(1) for an existing system, three years; or
5.2 	(2) for a new system, five years.

5.3 	Sec. 4. MODIFICATION OF SUBSURFACE TREATMENT SYSTEM RULES 
5.4 	REQUIRED.
 5.5 	(a) The commissioner of the Pollution Control Agency must modify Minnesota Rules, 
5.6 	chapters 7080 to 7083, as applicable, to include a reference to the obligations of inspectors 
5.7 	under Minnesota Statutes, section 115.55, subdivision 11.
5.8 	(b) The commissioner may use the good cause exemption under Minnesota Statutes, 
5.9 	section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota 
5.10 	Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 
5.11 	14.388.

5.12 	Sec. 5. REPEALER.
 5.13 	Minnesota Statutes 2024, section 115.55, subdivision 6, is repealed.

APPENDIX 

Repealed Minnesota Statutes: 25-03668 

115.55 SUBSURFACE SEWAGE TREATMENT SYSTEMS.Subd. 6.Disclosure of subsurface sewage treatment system to buyer. 
(a) Before signing an agreement to sell or transfer real property, the seller or transferor must disclose in writing to the buyer or transferee information on how sewage generated at the property is managed. The disclosure must be made by delivering a statement to the buyer or transferee that either: 

(1) the sewage goes to a facility permitted by the agency; or 

(2) the sewage does not go to a permitted facility, and is therefore subject to applicable requirements. 

(b) For sewage not sent to a permitted facility, the disclosure must include a description of the system in use, including the legal description of the property, the county in which the property is located, and a map drawn from available information showing the location of the system on the property to the extent practicable. If the seller or transferor has knowledge that an abandoned subsurface sewage treatment system exists on the property, the disclosure must include a map showing its location. The seller or transferor shall disclose to the buyer or transferee what the seller or transferor has knowledge of relative to the compliance status of the subsurface sewage treatment system, and whether, to the best of the seller's knowledge, a straight-pipe system exists. A seller or transferor who has in their possession a previous inspection report completed by a licensed inspection business or certified local government inspector in accordance with subdivision 5 or 5a shall attach a copy to the disclosure statement that is provided to the buyer. 

(c) Unless the buyer or transferee and seller or transferor agree to the contrary in writing before the closing of the sale, a seller or transferor who fails to disclose the existence or known status of a subsurface sewage treatment system at the time of sale, and who knew or had reason to know of the existence or known status of the system, is liable to the buyer or transferee for costs relating to bringing the system into compliance with the subsurface sewage treatment system rules and for reasonable attorney fees for collection of costs from the seller or transferor. An action under this subdivision must be commenced within two years after the date on which the buyer or transferee closed the purchase or transfer of the real property where the system is located.