2026 -- H 7635

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LC004817

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CESSPOOL ACT OF

2007

     Introduced By: Representatives McGaw, Carson, Tanzi, Fogarty, Handy, Craven, and
Shanley

     Date Introduced: February 11, 2026

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-19.15-12 of the General Laws in Chapter 23-19.15 entitled "The

Rhode Island Cesspool Act of 2007" is hereby amended to read as follows:

     23-19.15-12. Cesspool removal and replacement requirements at property transfer.

     (a) Any cesspool found to be serving a building or use subject to sale or transfer shall be

removed and replaced with an OWTS or the building served by the cesspool shall be connected to

a public sewer system within twelve (12) months of the date of sale or transfer pursuant to

subsection (d) of this section.

     (b) Should the manner of wastewater disposal be unknown, an inspection shall be

conducted to determine if a cesspool is present on the property. This inspection shall be done by a

system inspector prior to the time of sale or transfer.

     (c) Pursuant to § 5-20.8-13, every contract for the purchase and sale of real estate that is or

may be served by a private cesspool shall provide that potential purchasers be permitted a ten-day

(10) period, unless the parties mutually agree upon a different period of time, to conduct an

inspection of the property’s onsite sewage system in accordance with procedures required by the

department in § 23-19.15-5(a), before becoming obligated under the contract to purchase.

     (d) Effective for real estate transactions executed on or after January 1, 2027, and

notwithstanding any other provision of law to the contrary, no transfer of title to any residential or

commercial real property served by an on-site wastewater treatment system or cesspool shall be

completed unless, within two (2) years prior to the date of closing, the owner has obtained a written

inspection and certification of the property's wastewater disposal system from an inspector

approved by the department. Real estate closings executed prior to January of 2027 shall have

twelve (12) months from the date of transfer to replace any failing septic system or cesspool.

     (e) For any property not serviced by a public sewer system the inspector shall submit a

certification, in a form prescribed by the department, stating one of the following:

     (1) That the property is served by an on-site wastewater treatment system that is

functioning and in compliance with department rules and regulations; or

     (2) That the property is served in whole or in part by a cesspool.

     (f) If the certification states that the property is served by a cesspool, no transfer of title

shall occur unless and until the cesspool has been properly abandoned and replaced with an

approved on-site wastewater treatment system or the property has been connected to a public sewer

system in accordance with department regulations.

     (g) A certification issued pursuant to this section shall be valid for a period of two (2) years

from the date of inspection; provided that, no material alteration system failure, or change in use

affecting system capacity has occurred since the inspection date.

     (h) The inspection report and certification shall be provided to the department within ten

(10) business days of completion of the inspection.

     (i) If the seller is represented by a licensed real estate broker or salesperson, that licensee

shall ensure that the inspection report and certification have been transmitted to the department

prior to or contemporaneously with closing. Failure to transmit the report shall constitute grounds

for administrative referral to the department of business regulation.

     (j) No closing attorney, settlement agent, or title company shall record or cause to be

recorded any deed subject to this chapter unless the certification required by this section is present

in the closing file.

     (k) The department is authorized to promulgate rules and regulations necessary to

implement the provisions of this section, including inspector qualifications, certification forms, and

electronic filing procedures.

     SECTION 3. Section 5-20.8-13 of the General Laws in Chapter 5-20.8 entitled "Real Estate

Sales Disclosures" is hereby amended to read as follows:

     5-20.8-13. Cesspool inspection requirement.

     (a) Every contract for the purchase and sale of real estate that is or may be served by a

private cesspool, shall provide that potential purchasers be permitted a ten-day (10) period, unless

the parties mutually agree upon a different period of time, to conduct an inspection of a property’s

LC004817 - Page 2 of 4

on-site sewage system, before becoming obligated under the contract to purchase, to determine if

a cesspool exists, and if so, whether it will be subject to the phase-out requirements as established

in chapter 19.15 of title 23.

     (b) Failure to include the provision required in subsection (a) in the purchase and sale

agreement for real estate does not create any defect in title.

     (c) Failure to provide the results of any previous inspection of a cesspool servicing the

property does not create any defect in title.

     (d) Failure to include the purchase and sale agreement provision required in subsection (a)

or failure to provide previous inspection results of a cesspool servicing the property entitles the

purchaser to void the purchase and sale agreement by providing notice in writing to the seller prior

to the transfer of the title at closing.

     (e) Wastewater disposal system certification requirement.

     (1) Effective January 1, 2027, every contract for the purchase and sale of real property shall

include, as an attachment or incorporated exhibit, a valid wastewater disposal system certification

issued pursuant to § 23-19.15-12.

     (2) No contract for the purchase and sale of real property served by an on-site wastewater

treatment system or cesspool shall be enforceable unless the certification required by this

subsection is provided to the purchaser prior to or contemporaneously with execution of the

purchase and sale agreement.

     (3) The certification shall be deemed valid if issued within two (2) years prior to the date

of contract execution, provided no material change in system condition has occurred.

     (4) Failure to include the certification required by this subsection shall constitute a material

nondisclosure under this chapter.

     (5) The department of environmental management, in coordination with the department of

business regulation, may adopt any forms or procedures necessary to implement this subsection.

     SECTION 4. This act shall take effect upon passage and shall apply to contracts executed

on or after January 1, 2027.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CESSPOOL ACT OF

2007

***

     This act would provide that a certificate be provided for every contract for the purchase

and sale of real estate certifying that the property has a functioning on-site wastewater treatment

system or a sewer connection and not a cesspool.

     This act would take effect upon passage and would apply to contracts executed on or after

January 1, 2027.

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LC004817

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