Update: Continued to 2011 on a voice vote in the House.

Bill Summary:

Senate Bill 374 would provides a waiver from written examination for applicants for licensure as an installer of alternative onsite sewage systems if the applicant can provide satisfactory proof to the Board of having been actively and continuously providing services as an installer of alternative onsite sewage systems immediately prior to July 1, 2007, for at least two years.

Patron: Delegate Phillip P. Puckett (D- District 38)
View Bill Text and Status

PEC's Position: Opposed to SB 374

• The legislation would severely limit the Department of Health’s ability to determine the competency of installers.
• The language is unclear but appears to grandfather any installer, competent or not, upon proof that he has been installing the systems for two-years prior to July 1, 2007.
• Why would the Commonwealth require the Board of Health to issue a license to an individual before determining their full competency? While the legislation does not prohibit the Board’s ability to test competency by other means (oral exam), it is not explicit in this requirement either. And shouldn't competency also relate to the individual’s ability to read the manufacturers instructions on installation or the guidance on maintenance?

Bill Status:

The bill originally exempted any installer from examination. Senator Puckett allowed the discussion to center on literacy in the Senate, thus the bill was amended to preclude written examination. It is important to note that as amended, it is not explicit in the requirement of an alternate method of determining competency. It crossed over from the Senate to the House on a 36-4 vote.

The status and text of bills change often, so be sure to check the Legislative Information System website for the most current information for this bill.