North CarolinaHB 3762025-2026 SessionHouseWALLET

AN ACT TO MAKE VARIOUS CHANGES TO ON-SITE WASTEWATER PROVISIONS, TO ESTABLISH THE PRIVATE DRINKING WATER WELL TASK FORCE, AND TO ALLOW CERTAIN CERTIFIED WELL CONTRACTORS TO PERFORM WELL SITE EVALUATIONS.

Sponsored By: Mark Brody (Republican), Dennis Riddell (Republican), Jeff Zenger (Republican)

Signed by Governor

ADMINISTRATIVE CODEADMINISTRATIVE RULESAPPOINTMENTSBOARDSCOMMISSIONSCONSTRUCTIONDHHSHEALTH DEPTS

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 4 benefits, 1 costs, 2 mixed.

Counties control private well permits

Each county’s local health department is the only permitting authority for the covered private drinking water wells. They must permit wells that can be built or repaired to meet the rules and cannot unduly delay or refuse. Local boards of health cannot adopt separate permitting rules, and existing local permitting rules are repealed. Testing standards in G.S. 87‑96 and fees adopted under G.S. 130A‑39 remain in place.

Easier approval of advanced septic tech

The law defines advanced pretreatment and sets rules for construction, operation, and performance standards. Engineers may include advanced pretreatment technologies, even if not yet approved in‑state, in their designs subject to approval paths. The Department must approve an innovative system when the maker shows at least 55 influent and effluent datasets over at least 26 weeks, meets effluent standards, has national certification, and the plans match that approval. Fecal coliform data are not required if a separate approved disinfection technology is used.

Property owners: fewer stormwater retrofits

State stormwater rules do not force new or bigger controls on existing built‑upon areas or qualifying redevelopment. Existing built area is counted square‑foot‑for‑square‑foot and is excluded from added control calculations, unless federal law requires otherwise. Local stormwater ordinances must be updated within 12 months to match these state limits. Cities and counties may offer optional incentives like fee waivers or tax/financial benefits to projects that add extra stormwater controls.

Stronger state review of local wastewater rules

The state reviews local wastewater rule changes, holds public hearings, posts notice online, and publishes findings before approval or denial. If other laws set groundwater testing standards, those rules take priority; the Commission’s public‑health and well rules also prevail. Local health departments must enforce Commission and Environmental Management Commission rules when the Secretary requests, using authorized staff.

Septic pros: insurance and yearly training

Beginning January 1, 2027, certified on‑site wastewater professionals must carry general liability insurance and any extra coverage required for engineered or evaluator‑permitted systems. Certificates expire December 31 each year, and renewal packages are due by November 15 with required annual training: Grade II = 3 hours; Grade IV = 6 hours; point‑of‑sale inspector = 6 hours; authorized evaluator = 12 hours; private compliance inspector = 12 hours. If you hold more than one certificate, follow the highest hours. Grade II contractors cannot use education instead of experience to qualify as an inspector.

Water bills and system sale safeguards

The Utilities Commission can pause new water and sewer base rates for up to 300 days. Customers outside a utility’s area can be charged more, but if total charges exceed inside rates by more than 25% (not counting tap or impact fees), a public hearing is required. Local providers cannot sell a public water or sewer system to a private company without a public hearing and a written public‑interest finding. Money from any such sale must first pay system debt and repay federal grants; any remainder goes to the provider’s general fund.

Faster septic approvals, more owner responsibility

Before starting septic installation or repair that needs certification, you must have both an Improvement Permit and a Construction Authorization. Routine maintenance is exempt, and engineered option or authorized evaluator permits qualify for exceptions. You may hire a certified evaluator or licensed engineer to verify the installation; after written verification with an as‑built drawing, you may cover and use the system and must send the verification to the local health department within two business days. When all permit conditions are met, the local health department issues the Operation Permit. If private verification is used, the Department and local health department are released from liability for claims about that installation.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 301 • No: 78

House vote • 6/24/2026

HB 376: Water/Wastewater Affordability and Capacity Act.

Yes: 77 • No: 40 • Other: 1

Senate vote • 6/16/2026

HB 376: Water/Wastewater Affordability and Capacity Act.

Yes: 45 • No: 0 • Other: 5

House vote • 4/30/2025

HB 376: Various On-Site Wastewater and Well Provisions.

Yes: 71 • No: 37 • Other: 8