HB 1025

Bill Subjects

Civil Actions Generally County Government Property Solid Waste Water Generally

Abstract

Provides that, after June 30, 2023, if a dwelling is connected to a residential onsite sewage system: (1) the residential onsite sewage system must be inspected by a qualified inspector and the property owner must state the inspector's determination in the real estate sales disclosure form required under current law; and (2) if the residential onsite sewage system is not inspected, if the inspector determines that the residential onsite sewage system is failing and the property owner does not state the inspector's determination in the disclosure form, or if the property owner does not submit a disclosure form to the buyer before accepting the buyer's offer, the transaction transferring ownership of the dwelling is voidable at the election of the buyer, even after the closing. Provides that, after June 30, 2023, a county recorder may not record a deed transferring a fee simple interest in a nondwelling structure connected to a commercial onsite sewage system unless: (1) the commercial onsite sewage system is inspected by a qualified inspector; (2) a document certifying that the inspection has been conducted and setting forth the inspection results is provided to the local health department, the county recorder, and the person to whom the fee simple interest is being transferred; and (3) if the commercial onsite sewage system exhibits any condition constituting system failure, the person to whom the fee simple interest in the nondwelling structure is being transferred presents to the local health department and the county recorder an affidavit stating that the cause of system failure: (A) has been eliminated; or (B) will be eliminated before the person uses the nondwelling structure for the purpose for which the person is acquiring the structure. Provides that, after June 30, 2023, a county recorder may not record a deed transferring a fee simple interest in a lot or tract of land containing a water well in addition to a residential or commercial onsite sewage system unless: (1) water from the water well is tested by a qualified tester for the presence of arsenic, nitrate, lead, and coliform bacteria; and (2) a document certifying that the testing has been conducted and setting forth the results is provided to the local health department, the county recorder, and the person to whom the fee simple interest is being transferred. Establishes exceptions to these inspection and testing requirements. Provides that the failure of the property owner to provide the document certifying and setting forth the results of the commercial onsite sewage system inspection or well water testing: (1) is a complete defense to an action brought by the property owner against a prospective transferee for breach of a contract to purchase the property; and (2) is a breach of a legal duty owed to a transferee for which the transferee may bring a civil action for compensatory damages. Requires the state department of health to adopt rules.