To amend sections 319.281, 3718.02, 3718.03, 3718.04, and 3718.05 and to enact sections 3718.011, 3718.041, and 3718.30 to 3718.38 of the Revised Code to revise the Household Sewage and Small Flow On-Site Sewage Treatment Systems Law, to establish the Household Sewage Treatment System Revolving Loan Program and the Household Sewage Treatment System Grant Program in the Department of Health, to amend Section 120.05 and to repeal Sections 120.01 and 120.02 of Am. Sub. H.B. 119 of the 127th General Assembly, to make appropriations, and to declare an emergency.

Section 1. That sections 319.281, 3718.02, 3718.03, 3718.04, and 3718.05 be amended and sections 3718.011, 3718.041, 3718.30, 3718.31, 3718.32, 3718.33, 3718.34, 3718.35, 3718.36, 3718.37, and 3718.38 of the Revised Code be enacted to read as follows:

Sec. 319.281.  (A) The county auditor shall place on the general tax list and duplicate compiled in accordance with section 319.28 of the Revised Code the amount certified by the health commissioner of a city or general health district pursuant to section 3709.091 of the Revised Code of any unpaid operation permit or inspection fee for a household sewage treatment system or a small flow on-site sewage treatment system or any other unpaid fee levied under Chapter 3718. of the Revised Code and any accrued late payment penalties, together with any fee charged by the county auditor for placing the amount on the general tax list and duplicate and for the expenses of its collection. The amount placed on the general tax list and duplicate shall be a lien on the real property on which the household sewage treatment system or small flow on-site sewage treatment system is located from the date the amount was placed on the tax list and duplicate, and shall be charged and collected in the same manner as taxes on the list.

(B) The county auditor shall place on the general tax list and duplicate compiled in accordance with section 319.28 of the Revised Code the amount certified by the director of health pursuant to rules adopted under section 3718.32 of the Revised Code of the repayment of a loan from the household sewage treatment system revolving loan fund created under section 3718.31 of the Revised Code that the person receiving the loan has chosen to have assessed as a part of the person's real property taxes. The amount placed on the general tax list and duplicate shall be charged and collected in the same manner as taxes on the list. After each settlement under divisions (A) and (C) of section 321.24 of the Revised Code, the county treasurer shall provide for payment from the undivided income fund to the household sewage treatment system revolving loan fund the amount of loan repayments collected.

Sec. 3718.011. For purposes of this chapter, a sewage treatment system is causing a public health nuisance if any of the following situations occurs:

(A) An inspection of the property at which the system is located reveals odor, color, or other visual manifestations of raw or poorly treated sewage.

(B) Water samples taken at or near the property at which the sewage treatment system is located exceed five thousand fecal coliform counts per one hundred milliliters in two or more samples when five or fewer samples are taken or in more than twenty per cent of the samples when more than five samples are taken.

(C) Water samples taken at or near the property at which the sewage treatment system is located exceed five hundred seventy-six e. coli. counts per one hundred milliliters in two or more samples when five or fewer samples are taken or in more than twenty per cent of the samples when more than five samples are taken.

Sec. 3718.02. (A) Not later than one year after the effective date of this section, the The public health council, in accordance with Chapter 119. of the Revised Code, shall adopt, and subsequently may amend and rescind, rules of general application throughout the state to administer this chapter. Rules adopted under division (A) of this section shall do at least all of the following:

(1) Require that the appropriate board of health approve or disapprove the use of a sewage treatment system if it is not connected to a sanitary sewerage system;

(2) Require that a board of health conduct a site evaluation for any proposed installation of a sewage treatment system;

(3) Prescribe standards for the siting, design, installation, operation, monitoring, maintenance, and abandonment of household sewage treatment systems that may be used in this state. The standards shall include at a minimum all of the following:

(a) Soil absorption specifications;

(b) Specifications for discharging systems that do not conflict with provisions related to the national pollutant discharge elimination system permit program established in section 6111.03 of the Revised Code and rules adopted under it;

(c)(b) Requirements for the maintenance of a system according to the manufacturer's instructions, if available;

(d)(c) Requirements and procedures under which a person may demonstrate the required maintenance of a system in lieu of having an inspection conducted when an inspection otherwise is required.

The rules also shall require that a system that has been or is sited or installed prior to or on the effective date of the rules and that is operating on that date shall be deemed approved unless the system is declared to be a public health nuisance by a board of health.

In addition, the rules shall not apply to a system on a parcel for which a plat is submitted for approval under section 711.05, 711.09, or 711.10 of the Revised Code or for which a division without a plat is submitted for approval under section 711.131 of the Revised Code on or before the effective date of the rules if the approval of the plat or division of the parcel without a plat is pending on or after that date. For purposes of such a system, the public health council shall adopt rules that are identical to the rules that governed such a system and that were in effect on January 1, 2009.

(4) Prescribe procedures for notification to boards of health of the approval of a sewage treatment system or components of a system by the director of health under section 3718.04 of the Revised Code;

(5) Prescribe criteria and procedures under which boards of health shall issue installation and operation permits for sewage treatment systems. The rules shall require as a condition of an installation permit that the installer of a system must warrant that the system was installed in accordance with all applicable rules and design requirements. In addition, the rules shall require a board of health, not later than sixty days after the issuance of an installation permit, to certify to the director on a form provided by the director that the permit was issued.

(6) Require Authorize a board of health to inspect a sewage treatment system not later than eighteen months after its installation to ensure that the system is operating properly. The rules shall require a board of health, not later than sixty days after the an inspection, to certify to the director on a form provided by the director that the inspection was performed.

(7) Require a board of health to register installers, service providers, and septage haulers that perform work within the health district; prescribe criteria and procedures for the registration; and prescribe criteria for a demonstration of competency as a part of the registration;. The rules shall establish uniform statewide bonding requirements or other financial security requirements for installers, service providers, and septage haulers as a condition of registration within any health district. The rules shall preclude a board of health from requiring an additional or different bond or security requirement as a condition of registration beyond the bonding and security requirements established in rules adopted under division (A)(8) of this section.

(8) Prescribe requirements for the collection, transportation, disposal, and land application of domestic septage in this state from a sewage treatment system;

(9) Require boards of health to maintain records that are determined necessary to ascertain compliance with this chapter and the rules adopted under it;

(10) Require a board of health and the manufacturer of a sewage treatment system, when possible, to provide instructions for the operation and maintenance of the system. The rules shall authorize the instructions to be posted on the department of health's web site and the manufacturer's web site. In addition, the rules shall require a board of health and a manufacturer to provide a copy of the operation and maintenance instructions, if available, when a board of health or a manufacturer receives a written request for instructions.

(11) Prescribe criteria for the provision of written evidence of compliance with rules pertaining to household sewage treatment for purposes of sections 711.05 and 711.10 of the Revised Code;

(12) Prescribe minimum criteria and procedures under which boards of health may establish household sewage treatment district management programs for the purpose of providing a responsive approach toward preventing or solving sewage treatment problems resulting from household sewage treatment systems within the districts established under the program. For purposes of division (A)(12) of this section, a board of health may enter into a contract with any entity to administer a household sewage treatment district management program.

(13) Prescribe standards for the siting, design, installation, operation, monitoring, maintenance, and abandonment of small flow on-site sewage treatment systems that may be used in this state;

(14) Require a board of health to develop a program for the maintenance of sewage treatment systems that are operated within the health district governed by the board. The rules shall require the submission of maintenance reports by persons operating sewage treatment systems at least every five years.

(15) Specify conditions and circumstances under which a property owner is required to connect to an available central sewer system. The rules shall provide that after a property owner is required to connect to a central sewer system, the property owner is prohibited from installing, replacing, or continuing to operate a sewage treatment system at the property. In specifying the conditions and circumstances, the rules shall establish a minimum distance from a central sewer system within which a property owner must be located in order to be subject to the requirement to connect to a central sewer system. The minimum distance shall measure not more than two hundred feet across the property to be serviced by the central sewer system from the foundation of the structure owned by the property owner to the right-of-way where the central sewer system is located.

The council may adopt other rules under division (A) of this section that it determines are necessary to implement this chapter and to protect the public health and welfare.

At least sixty days prior to adopting a rule under division (A) of this section, the council shall provide boards of health and any other interested parties an opportunity to comment on the rule.

(B) In accordance with section 3709.20 or 3709.21 of the Revised Code, as applicable, and subject to review by and approval of the director under division (C) of section 3718.05 of the Revised Code, a board of health may adopt rules necessary for the public health providing for more stringent standards governing the use of household sewage treatment systems, and providing for more stringent standards governing installers, service providers, or septage haulers than those established in rules of the public health council adopted under division (A) of this section. A board that intends to adopt such rules shall notify the department of health of the rules at least ninety days prior to the proposed date of adoption. The director shall approve or disapprove any such proposed rule within ninety days after receiving notice of it under this division. If the director fails to approve or disapprove a proposed rule within ninety days after receiving notice of it, the proposed rule shall be deemed approved.

(C) Not later than thirty days prior to the submission of a proposed rule under this section to the joint committee on agency rule review, the public health council and the director of health jointly shall prepare a written report and provide a copy of the report to every member of the general assembly. The report shall contain all of the following:

(1) A determination of the potential benefit that the adoption and implementation of the rule will have on the health, safety, and welfare of the public;

(2) A determination of the economic reasonableness of the rule;

(3) A determination of the technical feasibility of the rule;

(4) A determination of the financial impact that the rule may have on the public's ability to purchase housing;

(5) A list of all systems that satisfy the requirements of this chapter and the estimated cost of each system. In addition, if more than one system satisfies the requirements of this chapter and the rule requires a system for which the estimated cost is more than other systems that satisfy the requirements of this chapter, the report shall contain an explanation of the reasons why the system is required.

(D) If a rule adopted under this section has a substantial negative financial impact on the public's ability to purchase housing, the rule shall have no force or effect.

Sec. 3718.03. (A) There is hereby created the sewage treatment system technical advisory committee consisting of the director of health or the director's designee and ten members who are knowledgeable about sewage treatment systems and technologies. Of the ten members, four shall be appointed by the governor, three shall be appointed by the president of the senate, and three shall be appointed by the speaker of the house of representatives.

(1) Of the members appointed by the governor, one shall represent academia, one shall be a representative of the public who is not employed by the state or any of its political subdivisions and who does not have a pecuniary interest in household sewage treatment systems, one shall be an engineer from the environmental protection agency, and one shall be selected from among soil scientists in the division of soil and water conservation in the department of natural resources.

(2) Of the members appointed by the president of the senate, one shall be a health commissioner who is a member of and recommended by the association of Ohio health commissioners, one shall represent the interests of manufacturers of household sewage treatment systems, and one shall represent installers and service providers.

(3) Of the members appointed by the speaker of the house of representatives, one shall be a health commissioner who is a member of and recommended by the association of Ohio health commissioners, one shall represent the interests of manufacturers of household sewage treatment systems, and one shall be a sanitarian who is registered under Chapter 4736. of the Revised Code and who is a member of the Ohio environmental health association.

(B) Terms of members appointed to the committee shall be for three years, with each term ending on the same day of the same month as did the term that it succeeds. Each member shall serve from the date of appointment until the end of the term for which the member was appointed.

Members may be reappointed. Vacancies shall be filled in the same manner as provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member was appointed shall hold office for the remainder of that term. A member shall continue to serve after the expiration date of the member's term until the member's successor is appointed or until a period of sixty days has elapsed, whichever occurs first. The applicable appointing authority may remove a member from the committee for failure to attend two consecutive meetings without showing good cause for the absences.

(C) The technical advisory committee annually shall select from among its members a chairperson and a vice-chairperson and a secretary to keep a record of its proceedings. A majority vote of the members of the full committee is necessary to take action on any matter. The committee may adopt bylaws governing its operation, including bylaws that establish the frequency of meetings.

(D) Serving as a member of the sewage treatment system technical advisory committee does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment. Members of the committee shall serve without compensation for attending committee meetings.

(E) A member of the committee shall not have a conflict of interest with the position. For the purposes of this division, "conflict of interest" means the taking of any action that violates any provision of Chapter 102. or 2921. of the Revised Code.

(F) The sewage treatment system technical advisory committee shall do all of the following:

(1) Develop with the department of health rules that establish standards and guidelines for approving or disapproving a sewage treatment system or components of a system under section 3718.04 of the Revised Code;. The rules shall require the director of health to approve sewage treatment systems representing a range of available systems from low-cost systems to high-cost systems that will not create a public health nuisance when operated and maintained properly. In developing the rules, the committee shall use scientific peer-reviewed papers concerning sewage treatment systems or components of a system and third-party evaluations of such systems or components using accepted protocols.

(2) Develop with the department an application form to be submitted to the director by an applicant for approval or disapproval of a sewage treatment system or components of a system and specify the information that must be included with an application form;

(3) Advise the director on the approval or disapproval of an application sent to the director under section 3718.04 of the Revised Code requesting approval of a sewage treatment system or components of a system;

(4) Pursue and recruit in an active manner the research, development, introduction, and timely approval of innovative and cost-effective household sewage treatment systems and components of a system for use in this state, which shall include conducting pilot projects to assess the effectiveness of a system or components of a system;

(5) By January 1, 2008, provide the household sewage and small flow on-site sewage treatment system study commission created by Am. Sub. H.B. 119 of the 127th general assembly with a list of available alternative systems and the estimated cost of each system.

(G) The chairperson of the committee shall prepare and submit an annual report concerning the activities of the committee to the general assembly not later than ninety days after the end of the calendar year. The report shall discuss the number of applications submitted under section 3718.04 of the Revised Code for the approval of a new sewage treatment system or a component of a system, the number of such systems and components that were approved, any information that the committee considers beneficial to the general assembly, and any other information that the chairperson determines is beneficial to the general assembly. If other members of the committee determine that certain information should be included in the report, they shall submit the information to the chairperson not later than thirty days after the end of the calendar year.

(H) The department shall provide meeting space for the committee. The committee shall be assisted in its duties by the staff of the department.

(I) Sections 101.82 to 101.87 of the Revised Code do not apply to the sewage treatment system technical advisory committee.

Sec. 3718.04.  (A) A manufacturer seeking approval for the use of a sewage treatment system or a component of a system in this state that differs in design or function from systems or components of systems the use of which is authorized in rules adopted under section 3718.02 of the Revised Code shall request an application form from the department of health. The applicant shall complete the form and include with it all of the information that is required by the department and the sewage treatment system technical advisory committee. The applicant shall submit a completed application and all required information to the director of health.

(B) Upon receipt of an application, the director shall examine the application and all accompanying information to determine if the application is complete. If the director determines that the application is not complete, the director shall notify the applicant not later than fourteen days after determining that the application is not complete, provide a description of the information that is missing from the application, and return the application and all accompanying information to the applicant. The applicant may resubmit the application to the director. Not later than fourteen days after receipt of a complete application, the director shall notify the committee of the complete application and send a copy of the complete application and all accompanying information to the committee together with a request that the committee advise the director on the approval or disapproval of the system.

(C) In approving or disapproving an application, the director shall use the standards and guidelines established in rules adopted under section 3718.05 of the Revised Code that the committee developed with the department for that purpose. The director shall not approve an application that fails to comply with those standards and guidelines. If the committee advises the director concerning the application, the director shall consider the advice before approving or disapproving the application. However, if the committee fails to provide advice or if the committee fails to provide advice within a reasonable period of time before the director is required to approve or disapprove the application, the director may approve or disapprove the application without considering the advice of the committee. Not later than ninety days after receipt of a complete application, the director shall approve or disapprove the application in writing. If the director fails to approve or disapprove the application within that ninety-day period, the application shall be deemed approved.

(D) If the director approves an application under this section, the director shall notify the applicant in writing. The director also shall notify boards of health in accordance with the procedures established in rules adopted under section 3718.02 of the Revised Code. If the director disapproves an application under this section, the director shall notify the applicant in writing and provide a brief explanation for the disapproval.

Sec. 3718.041.  (A) A board of health has sole authority to approve sewage treatment systems for use within the health district that is governed by the board. A board of health shall approve the use of sewage treatment systems based on applicable local conditions and in accordance with rules adopted under division (B) of section 3718.02 of the Revised Code. The board shall select sewage treatment systems for approved use in the applicable health district from those sewage treatment systems that have been approved by the director of health for use in the state under section 3718.04 of the Revised Code.

A board of health, in approving sewage treatment systems, shall ensure that the approved sewage treatment systems represent a range of available systems from low-cost systems to high-cost systems that will not create a public health nuisance when operated and maintained properly. A board of health, when approving the use of a sewage treatment system, shall establish soil absorption specifications and vertical separation distances applicable to that sewage treatment system taking into consideration applicable local conditions.

(B) The public health council, the sewage treatment system technical advisory committee, and the director of health shall not establish soil absorption specifications and vertical separation distances for sewage treatment systems. Such specifications and distances shall be established by boards of health in accordance with division (A) of this section.

Sec. 3718.05. The director of health shall do all of the following:

(A) Administer and enforce this chapter and the rules of the public health council adopted under it;

(B) Examine records of boards of health, in accordance with rules adopted by the council, that are determined necessary to ascertain compliance with this chapter and rules adopted under it;

(C) Review and approve or disapprove rules proposed by boards of health under division (B) of section 3718.02 of the Revised Code. The director shall not disapprove a proposed rule unless the director determines that the proposed rule conflicts with this chapter or rules adopted under section 3718.02 of the Revised Code by the public health council or fails to promote public health or environmental protection. If the director disapproves a proposed rule, the director shall provide a written explanation of the director's disapproval to the board of health that proposed the rule.

(D) Survey boards of health as required by section 3718.07 of the Revised Code;

(E) Develop Adopt rules in accordance with Chapter 119. of the Revised Code that are developed with the sewage treatment system technical advisory committee to establish standards and guidelines for use by the director in approving or disapproving a sewage treatment system under section 3718.04 of the Revised Code, and develop with the committee an application form for use by applicants for that approval, including identification of the information that must be included with the form;

(F) Provide instructions on the operation and maintenance of a sewage treatment system. The director shall provide the operation and maintenance instructions on the department of health's web site. In addition, the director shall provide a copy of the operation and maintenance instructions when the director receives a written request for the instructions.

Sec. 3718.30. As used in sections 3718.30 to 3718.38 of the Revised Code:

(A) "Eligible person" means a person who qualifies as a person with a failing household sewage treatment system pursuant to guidelines that the director of health establishes in rules adopted under section 3718.32 of the Revised Code for purposes of the revolving loan program and under section 3718.36 of the Revised Code for purposes of the grant program.

(B) "Eligible project" means the rehabilitation, renovation, improvement, or replacement of a household sewage treatment system.

(C) "Grant program" means the grant program established in sections 3718.30 and 3718.35 to 3718.37 of the Revised Code and rules adopted under section 3718.36 of the Revised Code.

(D) "Revolving loan program" means the loan program established in sections 3718.30 to 3718.34 of the Revised Code and rules adopted under section 3718.32 of the Revised Code.

Sec. 3718.31. There is hereby created in the state treasury the household sewage treatment system revolving loan fund consisting of money appropriated or transferred to it and any grants, gifts, or contributions of money received for deposit to the credit of the fund.

The director of health shall use money in the fund for the purpose of making loans under section 3718.33 of the Revised Code. Interest income and income from the investment of money in the fund shall be credited to the fund.

Sec. 3718.32. The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code that the director determines are necessary for the implementation of the revolving loan program. The rules, at a minimum, shall establish all of the following:

(A) Guidelines for determining if a person qualifies as a person with a failing household sewage treatment system;

(B) Interest rates of only three and five per cent for loans that are made under the revolving loan program. In addition, the rules shall require that an eligible person who has an annual income equal to or less than two hundred per cent of the federal poverty level receive a loan with an interest rate of three per cent and an eligible person who has an annual income greater than two hundred per cent of the federal poverty level receive a loan with an interest rate of five per cent.

(C) Procedures and requirements in accordance with which an eligible person who receives a loan may choose to have the repayment of the loan assessed as a part of the person's real property taxes. In addition, the rules shall require the director to certify to the applicable county auditor the amount of the repayment of a loan that is to be so assessed for purposes of placement on the general tax list and duplicate compiled in accordance with section 319.28 of the Revised Code.

(D) Procedures and requirements in accordance with which a board of health must determine the allowable estimated cost of an eligible project. The rules shall require that the allowable estimated cost be equal to the difference between the estimated cost of an eligible project that complies with the rules adopted by the public health council under section 3718.02 of the Revised Code that took effect on January 1, 2007, and the estimated cost of an eligible project that would have complied with the rules adopted by the council that were in effect prior to January 1, 2007, and were codified in Chapter 3701-29 of the Administrative Code.

(E) Procedures by which a board of health must notify the director of the board's determination of the allowable estimated cost of an eligible project in accordance with the rules adopted under division (D) of this section.

(F) As used in this section, "federal poverty level" has the same meaning as in section 3718.36 of the Revised Code.

Sec. 3718.33. (A) The director of health may lend money in the household sewage treatment system revolving loan fund to an eligible person for the purpose of paying the allowable estimated cost of an eligible project. Loans shall be made under this section in accordance with the procedures and requirements established in rules adopted under section 3718.32 of the Revised Code and only if the director determines that all of the following apply:

(1) The project is an eligible project.

(2) The repayment of the loan will be adequately secured by a mortgage, lien, assignment, or pledge at a level of priority that the director requires.

(3) The amount of the loan does not exceed the allowable estimated cost of the project as determined by the applicable board of health in accordance with the rules adopted under section 3718.32 of the Revised Code.

The interest rate for a loan that is made under this section shall not exceed five per cent as established in rules adopted under section 3718.32 of the Revised Code.

(B) The director may take any actions that are necessary or appropriate with respect to a loan that is made under this section, including facilitating the collection of amounts due on a loan.

Sec. 3718.34. All money that is received by the state from the repayment of loans that are made from the household sewage treatment system revolving loan fund, including interest, fees, and charges associated with such loans, shall be deposited in the state treasury to the credit of the fund.

Sec. 3718.35. There is hereby created in the state treasury the household sewage treatment system grant fund consisting of money appropriated or transferred to it and any grants, gifts, or contributions of money received for deposit to the credit of the fund.

The director of health shall use money in the fund for the purpose of making grants under section 3718.37 of the Revised Code. Interest income and income from the investment of money in the fund shall be credited to the fund.

Sec. 3718.36. The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code that the director determines are necessary for the implementation of the grant program. The rules, at a minimum, shall establish all of the following:

(A) Guidelines for determining if a person qualifies as a person with a failing household sewage treatment system;

(B) A requirement that an eligible person be sixty-five years of age or older or have an annual income that is equal to or less than one hundred fifty per cent of the federal poverty level in order to qualify for a grant;

(C) Procedures and requirements governing applications for grants;

(D) Procedures and requirements governing the awarding of grants;

(E) Procedures and requirements in accordance with which a board of health must determine the allowable estimated cost of an eligible project. The rules shall require that the allowable estimated cost be equal to the difference in the estimated cost of an eligible project that complies with the rules adopted by the public health council under section 3718.02 of the Revised Code that took effect on January 1, 2007, and the estimated cost of an eligible project that would have complied with the rules adopted by the council that were in effect prior to January 1, 2007, and were codified in Chapter 3701-29 of the Administrative Code.

(F) Procedures by which a board of health must notify the director of the board's determination of the allowable estimated cost of an eligible project in accordance with the rules adopted under division (E) of this section.

(G) As used in this section, "federal poverty level" means the income level represented by the poverty guidelines as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.

Sec. 3718.37. The director of health may grant money in the household sewage treatment system grant fund to an eligible person for the purpose of paying the allowable estimated cost of an eligible project. Grants shall be made under this section in accordance with the procedures and requirements established in rules adopted under section 3718.36 of the Revised Code and only if the director determines that both of the following apply:

(A) The project is an eligible project.

(B) The amount of the grant does not exceed the allowable estimated cost of the project as determined by the applicable board of health in accordance with rules adopted under section 3718.36 of the Revised Code.

Sec. 3718.38. (A) Notwithstanding any provision of this chapter or rules adopted under it to the contrary, a person who is notified by a board of health that the person must replace the person's existing household sewage treatment system with a new household sewage treatment system for the purpose of complying with the rules adopted under section 3718.02 of the Revised Code may request the board of health instead to prescribe and authorize a temporary improvement of the existing system if the person is or has been notified by a state agency or a political subdivision that the person will be required to connect the person's premises to a sewerage system, as defined in section 6111.01 of the Revised Code, within ten years after receipt of the connection notice.

(B) If a board of health receives a request from a person who meets the requirements established in division (A) of this section, the board shall prescribe a temporary improvement of the person's existing household sewage treatment system. The cost of the temporary improvement shall not exceed fifteen per cent of the person's estimated cost to install a new household sewage treatment system that complies with the rules adopted under section 3718.02 of the Revised Code.

Section 2. That existing sections 319.281, 3718.02, 3718.03, 3718.04, and 3718.05 of the Revised Code are hereby repealed.

Section 3. That Section 120.05 of Am. Sub. H.B. 119 of the 127th General Assembly be amended to read as follows:

Sec. 120.05. Sections 120.03 and 120.04 of Am. Sub. H.B. 119 of the 127th General Assembly take effect on July 1, 2009 the effective date of S.B. .... of the 128th General Assembly.

Section 4. That existing Section 120.05 of Am. Sub. H.B. 119 of the 127th General Assembly is hereby repealed.

Section 5. That Section 120.01 of Am. Sub. H.B. 119 of the 127th General Assembly is hereby repealed.

Section 6. The purpose of Section 5 of this act is to provide for reinstating the operation of sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code on the effective date of this act rather than on July 1, 2009, as provided in Section 120.01 of Am. Sub. H.B. 119 of the 127th General Assembly.

Section 7. That Section 120.02 of Am. Sub. H.B. 119 of the 127th General Assembly is hereby repealed.

Section 8. Not later than thirty days after the effective date of this act, the Director of Budget and Management shall transfer $10,000,000 cash from the General Revenue Fund to the Household Sewage Treatment System Revolving Loan Fund (Fund XXX) created in section 3718.31 of the Revised Code, as enacted by this act. Any moneys transferred are hereby appropriated.

Section 9. Not later than thirty days after the effective date of this act, the Director of Budget and Management shall transfer $5,000,000 cash for fiscal year 2010, and $5,000,000 cash for fiscal year 2011, from the General Revenue Fund to the Household Sewage Treatment System Grant Fund (Fund XXX) created in section 3718.35 of the Revised Code, as enacted by this act. Any moneys transferred are hereby appropriated.

Section 10. On and after the effective date of this act, a board of health shall not require the rehabilitation, renovation, improvement, or replacement of a household sewage treatment system that is in existence on the effective date of this act pursuant to rules adopted by the Public Health Council under section 3718.02 of the Revised Code until the effective date of the rules that are required to be adopted under sections 3718.32 and 3718.36 of the Revised Code, as enacted by this act.

Section 11. It is the intent of the General Assembly in amending section 3718.02 of the Revised Code by this act that rules adopted by the Public Health Council related to the siting, design, installation, operation, monitoring, maintenance, and abandonment of household sewage treatment systems shall not have a substantial negative impact on the public's ability to finance or purchase housing. It is also the intent of the General Assembly that during the rule development and adoption processes for those rules, the Public Health Council shall equally consider the financial impact that the rules may have on the citizens of this state and the businesses located in it and the environmental concerns that the rules are intended to address. Further, it is the intent of the General Assembly that the rules adopted under section 3718.02 of the Revised Code shall advance the availability of new or progressive sewage treatment system technology for the citizens of this state.

Section 12. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that provisions of law governing sewage treatment systems that were suspended by the enactment of Am. Sub. H.B. 119 of the 127th General Assembly are scheduled to be reinstated on July 1, 2009, and this act is necessary to revise the law governing sewage treatment systems prior to that date. Therefore, this act shall go into immediate effect.