It is enacted by the General Assembly as follows:

SECTION 1. Section 23-19.5-2 of the General Laws in Chapter 23-19.5 entitled "Percolation Tests and Water Table Elevation Determinations" is hereby amended to read as follows:

{ADD 23-19.5-2. Certification by department of environmental management. -- ADD} (a) Prior to advertising or otherwise representing any parcel of property as being for sale or other transfer or conveyance as a "buildable" or "developable" property, so called, the seller shall cause a registered professional engineer or registered professional land surveyor to submit and receive approval of such applications, plans, specifications, fees, percolation tests, groundwater table elevation determinations and other compilations of information as may be required by the department of environmental management in order to certify the property's suitability for development as a subdivision or to approve or renew an approval for the installation of an individual sewage disposal system on the property. No building shall thereafter be erected on the property unless an approval for the installation of an individual sewage disposal system has been issued and remains valid in accordance with the rules and regulations of the department of environmental management.

(b) No subdivision certification or approval or renewal for the installation of an individual sewage disposal system shall be issued {DEL or renewed DEL} by the department {DEL of environmental management based upon the results of tests, determinations and/or data which were compiled more than five (5) years prior to the date of application for said certification or approval unless said tests, determinations and/or data are renewed in accordance with paragraph (c) of this section. DEL} {ADD unless the application for such certification, approval or renewal is accompanied by valid tests, determinations and/or data in accordance with this chapter. ADD}

(c) {ADD (1) ADD} All tests, determinations and/or data {DEL may be renewed once, for a five (5) year term, if a DEL} {ADD necessary for the design and installation of an individual sewage disposal system, compiled by a registered professional engineer or registered professional land surveyor after January 1, 1992 and certified in accordance with subsection (a) shall be considered valid, provided that at the time of application to install, construct or alter a system using such tests, determinations, and/or data, that a ADD} registered professional engineer or registered professional land surveyor shall present to the department of environmental management an affidavit, in a form satisfactory to the department, stating that said tests, determinations and/or data are still valid and that there have been no significant changes to the property and/or surrounding properties that would adversely affect the validity of the tests, determinations, and/or data previously {ADD obtained and/or ADD} submitted.

{ADD (2) All tests, determinations and/or data necessary for the design and installation of an individual sewage disposal system, compiled by a registered professional engineer or registered professional land surveyor between July 21, 1987 and January 1, 1992 certified in accordance with subsection (a) shall be considered valid provided that at the time of application to install, construct, alter or repair a system using the tests, determinations and/or data, that a registered professional engineer or registered professional land surveyor shall present an affidavit, in form satisfactory to the department of environmental management, stating that the tests determination and/or data are still valid and that there have been no significant changes to the property and/or surrounding properties that would adversely affect the validity of the tests, determinations, and/or data previously obtained and/or submitted, provided however that the director of the department of environmental management reserves the right to require additional tests, determinations and/or data for the design and installation upon the finding of good cause. ADD}

(d) Where a person seeks to both renew tests, determinations or data that have been relied upon by the department of environmental management in approving an application and seeks also to renew said approval, the application for renewal of said approval and tests, determinations and/or data shall be accompanied by the affidavit of a registered professional engineer or registered professional land surveyor, as described in paragraph (c) of this section, and new or revised plans and specifications for the previously approved sewage disposal system that meet the department's current regulatory requirements.

SECTION 2. Chapter 23-19.5 of the General Laws entitled "Percolation Tests and Water Table Elevation Determinations" is hereby amended by adding thereto the following section:

{ADD 23-19.5-9.1. Application of the 1995 amendments. -- ADD} {ADD Upon passage, this section shall be applicable to all existing and future approvals of individual sewage disposal system applications, renewals, tests, determinations and/or data. Tests, determinations and/or data shall be considered valid for a period of five (5) years from the time of initial certification of such data by the department of environmental management or five (5) years from the date of initial approval by the department of environmental management of any individual sewage disposal system application design or individual sewage disposal system subdivision suitability where the tests, determinations and/or data were used, whichever occurred most recently. At any time after the initial five (5) year period all persons may renew their test, determinations and/or data by submitting to the department of environmental management:

(a) An affidavit by a registered professional engineer or registered land surveyor in accordance with subsection (c) of section 23-19.5-2; and

(b) New or revised plans and applications for the proposed sewage disposal system that meet the department's current regulatory requirements. ADD}

SECTION 3. This act shall take effect upon passage.