It is enacted by the General Assembly as follows:

SECTION 1. Title 5 of the General Laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:

{ADD 5-56.1-1. Declaration of intent and purpose. -- (a) Whereas sewage entering individual sewage disposal systems contains bacteria, viruses, other pathogens and nutrients; and whereas such sewage may also contain hazardous materials, including but not limited to, cleaning fluids, paints, hobby supplies and other hazardous household chemicals; and whereas improperly designed or defectively installed and failing individual sewage disposal systems may degrade wetlands, groundwater, or surface waters, including drinking water sources; and whereas the public health, the public welfare, and the environment require protection from pollutants emanating from individual sewage disposal systems; the general assembly hereby establishes licensing requirements and responsibilities for persons involved in certain design and installation activities relating to individual sewage disposal systems.

(b) The purpose of this chapter is to establish provisions, qualifications and procedures for licensing persons engaged in the preparation of applications, plans, certifications and specifications for individual sewage disposal systems, hereinafter also referred to as "ISDSs", for submittal to the department of environmental management. ADD}

{ADD 5-56.1-2. License required. -- Beginning one (1) year after issuance of the first designer's license, all plans, applications, evaluations and certifications for the siting, location, design, installation or repair of any individual sewage disposal system submitted to the department of environmental management shall be prepared by a person possessing an appropriate designer's license issued by the director of the department of environmental management in accordance with rules and regulations promulgated under section 5-56.1-3. The department of environmental management may exempt the repair of individual sewage disposal system from this requirement. ADD}

{ADD 5-56.1-3. Licensing authority. -- The department of environmental management, acting through its director and hereinafter referred to as "the licensing authority", shall carry out the functions and duties conferred upon it by this chapter. The licensing authority shall adopt standards, rules and regulations, pursuant to chapter 42-35 of the general laws, for the administration of the licensing program established under this chapter and related activities. ADD}

{ADD 5-56.1-4. Conditions for obtaining a designer's license. -- A designer's license shall be issued to any person who satisfies all the requirements as set forth below:

(a) A completed application for a designer's license along with a reasonable fee shall be submitted to the licensing authority; all fees shall be deposited as general revenues and the amounts appropriated shall be used for the purpose of administering the water and air protection program.

(b) The applicant for a designer's license shall be required to pass a written examination, which may include a field component, administered or sanctioned by the licensing authority for the applicable class of license. The test shall assess the competency and knowledge of the applicant regarding pertinent subject matter and the application of ISDS regulations.

(c) The licensing authority shall establish, through regulations, classes of licenses appropriate to the expertise required for each activity performed by licensed individuals. The licensing authority shall establish minimum qualifications, education and experience requirements for each class of license and eligibility requirements for testing. The licensing authority may waive the requirement of a written examination or any portion thereof in the case of a person licensed by a federal agency or another state having licensing requirements substantially equivalent to those in Rhode Island.

(d) No person may be granted an exemption to any of the conditions for obtaining a license as provided for in this section on the basis of past experience or "grandfather" rights.

(e) The licensing authority shall hold an examination at least once per year. ADD}

{ADD 5-56.1-5. License not transferable or assignable. -- Designers' licenses shall be issued to natural persons only and are not transferable or assignable. ADD}

{ADD 5-56.1-6. Expiration and renewal of licenses. -- (a) A designers' license shall be in effect for a period not to exceed three (3) years following the date of issuance;

(b) A license shall be renewed upon payment of a renewal fee and upon satisfactory completion of any continuing education required by the licensing authority; ADD}

{ADD 5-56.1-7. Responsibilities--Performance and conduct. -- (a) A licensed designer shall perform all studies, measurements, evaluations, investigations, data gathering and other work within his or her licensed area of responsibility required to prepare the applicable submittal for individual sewage disposal systems; non-licensed employees or subordinates of a person possessing a designer's license may assist in such work provided the work is done under the direct supervision of the licensed designer who shall be responsible for the work and sign any and all required applications, submittals and certifications.

(b) A licensed designer shall witness and inspect the installation of any individual sewage disposal system which he or she designed. The licensing authority may, in accordance with regulation, waive this requirement for good cause, including the designer's death or incapacity.

(c) A licensed designer shall certify to the licensing authority that the individual sewage disposal system was installed in conformance with the approved application, plans, specifications, applicable statutes and regulations and that he or she has witnessed and inspected the installation. Upon such certification, the licensed designer shall be responsible for the installation. Such certification shall not be construed to release the installer from liability. The licensed designer shall not be responsible for any negligent act or omission of a user of an ISDS which causes damage to the ISDS, including altering of site conditions after certification of installation, failing to properly maintain the ISDS or failing to protect the ISDS from physical disturbance causing damage. ADD}

{ADD 5-56.1-8. Denial, suspension and revocation of licenses--Censure. -- (a) The licensing authority may deny, suspend or revoke a designer's license if the person or licensed designer has failed to comply with the requirements set forth herein or any regulation promulgated hereunder or where the person or licensed designer:

(1) provided incorrect, incomplete or misleading information in obtaining a designer's license; or

(2) demonstrated gross or repeated negligence, incompetence or misconduct in the representation of site conditions in an application to the department of environmental management, design of an ISDS, or inspection or certification of an installation of an ISDS; or

(3) committed a felony involving moral turpitude; or

(4) failed or neglected to comply with continuing education requirements set forth by the licensing authority.

(b) An action to suspend or revoke a designer's license pursuant to section 5-56.1-8(a) may not be taken until after the licensed designer has had an opportunity to have a hearing before the licensing authority, which hearing shall be held within thirty (30) days of written notice of intent to suspend or revoke the license.

(c) The licensing authority shall appoint a review panel consisting of five (5) members at least three (3) of whom shall be licensed designers not employed by the licensing authority, for the purpose of reviewing and hearing disciplinary actions contemplated under section 5-56.1-8(b). The review board shall make recommendations to the licensing authority to suspend or revoke licenses. All final decisions shall be made by the licensing authority.

(d) Any person aggrieved by the denial of an application for a license pursuant to section 5-56.1-4 or a denial, suspension or revocation of a license pursuant to this section may request a formal hearing pursuant to section 42-17.1-2(u) which shall be granted if requested in writing by the aggrieved applicant or licensee within ten (10) days of the denial, suspension or revocation.

(e) The licensing authority may publicly censure any licensed designer whose license has been suspended or revoked. ADD}

{ADD 5-56.1-9. Penalties. -- The penalties for noncompliance with any section of this chapter shall be the same as set forth in sections 42-17.1-2(v) and 42-17.6-1 et seq., as amended. ADD}

SECTION 2. Sections 5-56-6 and 5-56-8 of the General Laws in Chapter 5-56 entitled "Installers of Individual Sewage Disposal Systems" are hereby amended to read as follows:

5-56-6. Expiration and renewal of licenses. -- (a) Licenses shall expire on the 31st day of December {ADD be in effect for a period not to exceed three (3) years ADD} following the date of issuance.

(b) A license shall be renewed upon payment of an annual renewal fee of fifteen dollars ($15.00) on or before the 15th of January. {ADD a renewal fee and the satisfactory completion of any continuing education required by the director. ADD}

5-56-8. Penalties. -- (a) The penalties for noncompliance with any section of this regulation are {ADD this chapter are ADD} as set forth in section 42-17.1-2, as amended, as follows:

(b) Any person who shall {ADD knowingly and wilfully ADD} violate any rule or regulation adopted pursuant to authority granted to the director shall upon conviction be punished by a fine of not more than one hundred dollars ($100) {ADD five hundred dollars ($500) ADD} or by imprisonment for not more than thirty (30) days or both, for each offense or violation, and each day's failure to comply with any rule or regulation shall constitute a separate offense.

SECTION 3. Section 23-19.5-4 of the General Laws in Chapter 23-19.5 entitled "Percolation Tests and Water Table Elevation Determinations" is hereby amended to read as follows:

23-19.5-4. Keeping of records -- Regulations. -- The department of environmental management shall keep the records of all percolation tests, ground water table elevation determinations performed, and also a record of all other required information {ADD for a period of at least fifteen (15) years ADD} . The director of environmental management may promulgate such rules and regulations as the director may deem necessary for the proper implementation of {ADD the ADD} provisions of this chapter. {ADD The director may authorize licensed designers of individual sewage disposal systems to make submittals under this chapter. ADD}

SECTION 4. This act shall take effect upon passage.