EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0250*
HOUSE BILL 250
M3, N1 2lr1115
By: Delegate Stewart Delegates Stewart, Boyce, Foley, Fraser–Hidalgo, Lehman,
Ruth, and Terrasa
Introduced and read first time: January 13, 2022
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 23, 2022
CHAPTER ______
AN ACT concerning 1
Private Well Safety Act of 2022 2
FOR the purpose of establishing the Private Well Safety Program in the Department of the 3
Environment to address and manage the contamination of certain private and 4
domestic water supply wells in the State; establishing the Private Well Safety Fund 5
to award grants to certain counties and households for costs associated with water 6
quality testing and remediation; requiring the Department to utilize a certain an 7
online portal to receive and upload certain information and to provide public access 8
to the information; requiring a State–certified laboratory that conducts water quality 9
testing of certain wells to submit to the Department certain results of water quality 10
testing in a certain manner; requiring a contract for the sale of real property on 11
which a certain well is located to include a provision requiring, as a condition of the 12
sale, that the purchaser ensure that certain water quality testing be conducted; and 13
generally relating to private and domestic water supply wells in the State. 14
BY adding to 15
Article – Environment 16
Section 9–4A–01 to be under the new part “Part I. Definitions”; 9–4A–04 through 17
9–4A–10 to be under the new part “Part II. Program and Fund”; and 9–4A–13 18
to be under the new part “Part III. Private Well Water Quality Database” 19
Annotated Code of Maryland 20
(2014 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22 2 HOUSE BILL 250
Article – Environment 1
Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property” 2
Annotated Code of Maryland 3
(2014 Replacement Volume and 2021 Supplement) 4
BY adding to 5
Article – Real Property 6
Section 10–713 7
Annotated Code of Maryland 8
(2015 Replacement Volume and 2021 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Environment 12
PART I. DEFINITIONS. 13
9–4A–01. 14
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) “CONTAMINATION” MEANS THAT WATER QUA LITY TESTING FOR A 17
COVERED HOUSEHOLD DE MONSTRATED THAT : 18
(1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEG AL 19
THRESHOLD LIMIT ON T HE AMOUNT OF THE SUB STANCE THAT IS ALLOW ED IN A 20
PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR 21
(2) THERE IS A HARMFUL LE VEL OF ANOTHER CONTA MINANT, AS 22
DETERMINED BY THE DEPARTMENT . 23
(C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO 24
RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL. 25
(D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT : 26
(1) IS AWARDED A GRANT UN DER THE FUND FOR DISTRIBUTION TO 27
COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING 28
AND REMEDIATION ; AND 29
(2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLI SHED UNDER § 30
9–4A–08 OF THIS SUBTITLE. 31
HOUSE BILL 250 3
(E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND. 1
(F) “HOTSPOT” MEANS A ZIP CODE WHE RE AT LEAST 50% OF THE WATER 2
QUALITY TESTING COMP LETED WITHIN THE PAS T 2 YEARS DETECTED A SUB STANCE 3
THAT EXCEEDS THE MAX IMUM CONTAMINANT LEV EL FOR THAT SUBSTANC E. 4
(G) (F) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN 5
AWARDED A GRANT UNDE R THE FUND. 6
(H) (G) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD THA T IS: 7
(1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE 8
DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND 9
(2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE 10
THAT IS ALLOWED IN A PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE 11
DRINKING WATER ACT. 12
(I) (H) “PRIVATE WELL” MEANS A PRIVATE OR D OMESTIC WATER SUPPLY 13
WELL THAT IS A SOURCE OF POTABLE WATER . 14
(J) (I) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM. 15
(K) (J) “REMEDIATION” INCLUDES: 16
(1) THE DRILLING OF A NEW WELL; AND 17
(2) CONNECTION TO A PUBLI C WATER SUPPLY ; AND 18
(3) PROVIDING ONGOING TRE ATMENT TO RESOLVE CO NTAMINATION . 19
(L) (K) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY 20
SAMPLING, TESTING, AND ANALYSIS: 21
(I) CONDUCTED BY A STATE–APPROVED WATER SAMPL ER AND 22
A STATE–APPROVED LABORATORY FOR A PRIVATE WELL ; AND 23
(II) OF WHICH THE MINIMUM SAMPLING IS LIMITED TO THE 24
SAME CRITERIA USED WHEN CERTIFYING A WE LL FOR A NONPUBLIC P OTABLE 25
WATER SUPPLY SYSTEM UNDER COMAR 26.04.04.30 CRITERIA INCLUDE BAC TERIA, 26
NITRATE, AND TURBIDITY . 27
4 HOUSE BILL 250
(2) “WATER QUALITY TESTING ” INCLUDES WATER QUALI TY 1
SAMPLING OF ANY CONT AMINANT OF CONCERN , AS DETERMINED BY THE 2
DEPARTMENT . 3
9–4A–02. RESERVED. 4
9–4A–03. RESERVED. 5
PART II. PROGRAM AND FUND. 6
9–4A–04. 7
(A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT . 8
(B) THE PURPOSE OF THE PROGRAM IS TO ADDRESS AND MANAGE THE 9
CONTAMINATION OF PRI VATE WELLS IN THE STATE. 10
(C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 11
SUBTITLE. 12
9–4A–05. 13
(A) THERE IS A PRIVATE WELL SAFETY FUND. 14
(B) THE PURPOSE OF THE FUND IS TO AWARD GRAN TS TO ELIGIBLE 15
COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR CO STS 16
ASSOCIATED WITH WATE R QUALITY TESTING AN D REMEDIATION . 17
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 18
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 19
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 21
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 22
(E) THE FUND CONSISTS OF : 23
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 24
AND 25
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 26
THE BENEFIT OF THE FUND. 27
(F) THE FUND MAY BE USED ONLY FOR AWARDING GRANTS TO: 28 HOUSE BILL 250 5
(1) ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVE RED 1
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOC IATED WITH WATER QUA LITY 2
TESTING AND REMEDIAT ION; AND 3
(2) COVERED HOUSEHOLDS LO CATED IN AN INELIGIB LE COUNTY TO 4
ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 5
REMEDIATION . 6
9–4A–06. 7
(A) THE DEPARTMENT SHALL ESTA BLISH A GRANT APPLIC ATION PROCESS 8
FOR AWARDING A GRANT UNDER THE FUND IN ACCORDANCE WI TH THIS SUBTITLE . 9
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 10
DEPARTMENT MAY ESTABL ISH A GRANT APPLICAT ION FEE. 11
(2) (I) THE APPLICATION FEE F OR AN AWARD FOR WATE R QUALITY 12
TESTING MAY NOT EXCE ED $10; AND 13
(II) THE APPLICATION FEE F OR AN AWARD FOR REME DIATION 14
MAY NOT EXCEED $250. 15
(3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A 16
CASE–BY–CASE BASIS, BASED ON HOUSEHOLD I NCOME. 17
(C) IN AN APPLICATION FOR A GRANT AWARD UNDER THE FUND, A 18
COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME 19
TAX RETURN OR AN AFFIDAVIT OF: 20
(1) A FILING OF A HOUSEHOL D INCOME EXEMPTION ; 21
(2) A HOUSEHOLD INCOME RED UCTION; OR 22
(3) THE PROJECTED HOUSEHO LD INCOME FOR THE CU RRENT YEAR. 23
9–4A–07. 24
THE DEPARTMENT SHALL : 25
(1) PROVIDE NOTICE TO EAC H COUNTY OF: 26
(I) THE FUND; AND 27
6 HOUSE BILL 250
(II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER § 1
9–4A–06 OF THIS SUBTITLE; 2
(2) FOR THE PURPOSE OF IN FORMING COVERED HOUS EHOLDS IN 3
INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSI TE INFORMATION ON : 4
(I) THE FUND; AND 5
(II) THE GRANT APPLICATION PROCESS ; AND 6
(3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS, 7
PUBLISH ON ITS WEBSI TE INFORMATION ON WA TER QUALITY TESTING , INCLUDING: 8
(I) RESOURCES FOR WATER Q UALITY TESTING AND 9
REMEDIATION ; 10
(II) CONTACT INFORMATION F OR LICENSED WELL DRILLERS , 11
PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING 12
LABORATORIES ; 13
(III) INFORMATION ON POTENT IAL CONTAMINANTS OF 14
CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER ; AND 15
(IV) INFORMATION ON THE IM PORTANCE OF ANNUAL T ESTING. 16
9–4A–08. 17
A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AW ARD IN ACCORDANCE WI TH 18
THIS SUBTITLE IF THE COUNTY AGREES TO ENG AGE IN OUTREACH ACTI VITIES: 19
(1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND 20
PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALL Y TESTING WELL 21
WATER FOR CONTAMINAN TS; AND 22
(2) THAT, AT A MINIMUM, INCLUDE: 23
(I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE; 24
(II) PROVIDING INFORMATION TO RESIDENTS OVER TH E 25
TELEPHONE WHEN A RES IDENT CALLS THE COUN TY ABOUT WATER QUALI TY 26
TESTING OR REMEDIATI ON OR THE PROGRAM; AND 27
(III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT 28
IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE. 29
HOUSE BILL 250 7
9–4A–09. 1
(A) IN ACCORDANCE WITH TH IS SUBTITLE, THE DEPARTMENT MAY AWARD 2
A GRANT UNDER THE FUND TO: 3
(1) AN ELIGIBLE COUNTY FO R DISTRIBUTION TO CO VERED 4
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOC IATED WITH WATER QUA LITY 5
TESTING AND REMEDIAT ION; AND 6
(2) A COVERED HOUSEHOLD LO CATED IN AN INELIGIB LE COUNTY TO 7
ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 8
REMEDIATION . 9
(B) IN AWARDING A GRANT T O AN ELIGIBLE COUNTY UNDER THIS SUBTITLE , 10
THE DEPARTMENT MAY CONSID ER: 11
(1) THE ESTIMATED PROPORT ION OF COVERED HOUSE HOLDS IN THE 12
ELIGIBLE COUNTY ; 13
(2) THE COUNTY ’S SPECIFIC NEEDS REL ATED TO THE COSTS OF 14
ADMINISTERING AND IM PLEMENTING GRANTS UN DER THE FUND; 15
(3) THE COUNTY’S NEED TO ADDRESS PU BLIC HEALTH CONCERNS OR 16
SPECIFIC CONTAMINATI ON CONCERNS ; AND 17
(4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE 18
DEPARTMENT . 19
(C) (1) THE DEPARTMENT OR AN E LIGIBLE COUNTY SHALL : 20
(I) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR WATER 21
QUALITY TESTING ON SAMPLING: 22
1. SAMPLING PARAMETERS AND COSTS ; AND 23
2. AN INCOME GUIDELINE S CALE ESTABLISHED BY THE 24
DEPARTMENT ; AND 25
(II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD FOR 26
REMEDIATION ON AN IN COME GUIDELINE SCALE ESTABLISHED BY THE 27
DEPARTMENT . 28
(2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWAR D A GRANT 29
FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND 30 8 HOUSE BILL 250
REMEDIATION TO A COV ERED HOUSEHOL D THAT CAN DEMONSTRA TE HOUSEHOLD 1
INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVE L. 2
(D) (1) THIS SUBSECTION APPLI ES TO A GRANT AWARD FOR THE COSTS 3
ASSOCIATED WITH REME DIATION. 4
(2) UNLESS A A COVERED HOUSEHOLD PROVIDES DOCUMENTATI ON 5
TO THE DEPARTMENT THAT PAYMENT HAS BEE N MADE TO A LICENSED WELL 6
DRILLER OR PUMP INSTALLER , THE DEPARTMENT OR AN ELIG IBLE COUNTY SHALL, 7
ON SATISFACTORY COMP LETION OF THE REMEDI ATION PROJECT , MAKE PAYMENT 8
DIRECTLY TO THE LICE NSED WELL DRILLER , WATER CONDITIONER IN STALLER, OR 9
PUMP INSTALLER THAT HAS BEEN CONTRACTED TO PERFORM THE REMED IATION 10
PROJECT. 11
(E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT 12
UNDER THE FUND FOR COSTS ASSOCI ATED WITH: 13
(1) ANY WORK OR TESTING C ONDUCTED BEFORE THE GRANT AWARD 14
WAS APPROVED BY THE DEPARTMENT OR ELIGIBL E COUNTY; 15
(2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ; 16
(3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED 17
CONTAMINATION CRITER IA; 18
(4) DUG WELLS; AND 19
(5) POINT–DRIVEN WELLS . 20
(F) A COVERED HOUSEHOLD MA Y NOT RECEIVE A GRANT AWARD UNDER 21
THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR 22
WATER QUALITY TESTIN G AND ONE GRANT AWAR D FOR REMEDIATION . 23
(G) THE DEPARTMENT SHALL DEVELOP ADOPT REGULATIONS TO IDENTIFY 24
A LIST OF ADDITIONAL STANDARDS FOR WATER QUALITY TESTING THAT THE 25
DEPARTMENT DEEMS NECE SSARY FOR EACH COUNT Y OR ANY SPECIFIC AR EA 26
WITHIN A COUNTY , INCLUDING REQUIRING , AS APPROPRIATE , TESTING FOR: 27
(1) MANGANESE; 28
(2) ARSENIC; 29
(3) RADON; 30
HOUSE BILL 250 9
(4) MERCURY; AND 1
(5) ALL VOLATILE ORGANIC COMPOUNDS FOR WHICH THERE IS A 2
MAXIMUM CONTAMINANT LEVEL. 3
9–4A–10. 4
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIV ED A 5
GRANT AWARD IN ACCOR DANCE WITH THIS SUBT ITLE SHALL SUBMIT TO THE 6
DEPARTMENT A REPORT T HAT INCLUDES , FOR THE IMMEDIATELY PRECEDING 7
FISCAL YEAR: 8
(1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A 9
GRANT AWARD ; 10
(2) THE DOLLAR AMOUNT AWA RDED TO EACH HOUSEHO LD, 11
CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION; 12
(3) THE TOTAL NUMBER OF W ATER QUALITY TES TS CONDUCTED 13
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 14
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 15
CATEGORIZED BY ZIP CODE CENSUS TRACT OR OTHER IDENTIFYING FACTORS; 16
(4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 17
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 18
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 19
SUBSTANCE, CATEGORIZED BY ZIP CODE CENSUS TRACT OR OTHE R IDENTIFYING 20
FACTORS; 21
(5) THE LOCATION OF AREAS OF POTENTIAL CONCERN, INCLUDING 22
THE LOCATION OF HOTS POTS; 23
(6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 24
CATEGORIZED BY ZIP CODE CENSUS TRACT OR OTHE R IDENTIFYING FACTOR S; AND 25
(7) ANY OTHER INFORMATION TO FURTHER EXPLAIN O R QUALIFY 26
THE INFORMATION INCL UDED IN THE REPORT ; AND 27
(7) (8) ANY OTHER INFORMATION REQUIRED BY THE 28
DEPARTMENT . 29
(B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL 30
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 31
STATE GOVERNMENT ARTICLE, ON: 32 10 HOUSE BILL 250
(1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 1
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 2
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 3
CATEGORIZED BY COUNT Y AND ZIP CODE CENSUS TRACT OR OTHE R IDENTIFYING 4
FACTORS; 5
(2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 6
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 7
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 8
SUBSTANCE, CATEGORIZED BY COUNT Y AND ZIP CODE CENSUS TRACT OR OTHE R 9
IDENTIFYING FACTORS ; 10
(3) THE LOCATION OF POTENTIAL HOTSPOTS O R OTHER AREAS OF 11
KNOWN CONTAMINATION ; 12
(4) A DESCRIPTION OF THE B ENEFITS REALIZED AND DEFICIENCIES 13
ADDRESSED AS A RESUL T OF THE PROGRAM AND RECOMMEND ATIONS FOR ANY 14
APPROPRIATE LEGISLAT IVE ACTION; AND 15
(5) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 16
CATEGORIZED BY ZIP CODE CENSUS TRACT OR OTHE R IDENTIFYING FACTOR S. 17
9–4A–11. RESERVED. 18
9–4A–12. RESERVED. 19
PART III. PRIVATE WELL WATER QUALITY DATABASE. 20
9–4A–13. 21
(A) THE DEPARTMENT SHALL U TILIZE AN EXISTING ONLINE PORTAL : 22
(1) TO RECEIVE THE RESULT S OF WATER QUALITY T ESTING FROM 23
STATE–CERTIFIED LABORATORI ES AND THE MARYLAND GEOLOGICAL SURVEY; 24
(2) TO UPLOAD CERTIFICATE S OF POTABILITY AS REQUIRED UNDER 25
COMAR 26.04.04.30, RESULTS OF WATER QUALITY TESTING , AND OTHER 26
RELEVANT INFORMATION SUBMITTED TO THE DEPARTMENT RELATED TO PRIVATE 27
WELLS, ON AT LEAST A QUARTE RLY BASIS; AND 28
(3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATI ON RECEIVED 29
UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THA T IS EASY TO USE 30
AND CATEGORIZED BY C OUNTY. 31 HOUSE BILL 250 11
(B) ON AN ONGOING BASIS , A COUNTY MAY SUBMIT TO THE DEPARTMENT 1
RECORDS OF CERTIFICA TES OF POTABILITY , AS REQUIRED UNDER COMAR 2
26.04.04.30, AND ANY RESULTS OF W ATER QUALITY TESTING RECEIVED 3
VOLUNTARILY FROM RES IDENTS. 4
(C) ON A QUARTERLY BASIS , A STATE–CERTIFIED LABORATORY THAT 5
CONDUCTS WATER QUALI TY TESTING OF PRIVAT E WELLS FOR THE PURP OSE OF 6
IMPLEMENTING THIS SU BTITLE SHALL SUBMIT TO THE DEPARTMENT THE RESULT S 7
OF EACH WATER QUALIT Y TEST CONDUCTED BY THE LABORA TORY IN A MANNER 8
DETERMINED BY THE DEPARTMENT . 9
9–4A–14. RESERVED. 10
9–4A–15. RESERVED. 11
PART IV. RESIDENTIAL RENTAL PROPERTY. 12
[9–4A–01.] 9–4A–16. 13
(a) An owner of residential rental property that is served by a private [water 14
supply] well shall: 15
(1) Provide for water quality testing every 3 years; 16
(2) Disclose to a tenant the results of the water quality testing; and 17
(3) Notify a tenant: 18
(i) After any water quality test required under item (1) of this 19
subsection is complete; and 20
(ii) Of the most recent water quality test when they sign a lease. 21
(b) (1) The requirements of this subsection apply when a private [water 22
supply] well is contaminated by a substance that exceeds: 23
(i) The maximum contaminant level for that substance that is set 24
by the U.S. Environmental Protection Agency for drinking water quality; or 25
(ii) A harmful level for that substance, as determined by the 26
Department. 27
(2) When a water quality test reveals a private [water supply] well is 28
contaminated, the owner of a residential rental property that is served by the well shall: 29 12 HOUSE BILL 250
(i) Notify the Department and the local health department about 1
the contamination; 2
(ii) Provide an approved potable water supply until the 3
contamination is permanently remediated; and 4
(iii) Within 60 days of the date on which the owner knew of the 5
contamination, resolve the issue, including by: 6
1. Providing an approved potable water supply on an ongoing 7
basis; 8
2. Permanently remediating the contamination; or 9
3. Providing the tenant with the option to terminate the 10
lease. 11
(c) (1) A person who violates a provision of this section is subject to a civil 12
penalty not exceeding $1,000. 13
(2) A local health department may: 14
(i) Enforce this section; and 15
(ii) Collect the civil penalty provided under paragraph (1) of this 16
subsection. 17
(d) The Department shall adopt regulations to establish minimum criteria for 18
water quality testing required under this section. 19
Article – Real Property 20
10–713. 21
(A) IN THIS SEC TION, “MAXIMUM CONTAMINANT LEVEL” AND “WATER 22
QUALITY TESTING ” HAVE THE MEANINGS ST ATED IN § 9–4A–01 OF THE 23
ENVIRONMENT ARTICLE. 24
(B) (1) A CONTRACT FOR THE SAL E OF REAL PROPERTY O N WHICH A 25
PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUD E A 26
PROVISION REQUIRING , AS A CONDITION OF TH E SALE, THAT THE PURCHASER 27
ENSURE THAT WATER QUALITY TESTIN G OF THE WELL BE CON DUCTED. 28
(2) (I) SETTLEMENT ON THE CON TRACT FOR THE SALE O F THE 29
REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND THE PURCHAS ER HAVE 30 HOUSE BILL 250 13
EACH RECEIVED AND RE VIEWED THE RESULTS O F THE WATER QUALITY TESTING 1
CONDUCTED UNDER THIS SUBSECTION. 2
(II) AT SETTLEMENT ON THE CONTRACT FOR THE SAL E OF THE 3
REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 4
WRITING THAT THEY HA VE RECEIVED AND REVIEWED THE R ESULTS OF THE WATER 5
QUALITY TESTING . 6
(3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE 7
WATER QUALITY TESTIN G REMAIN VALID FOR 6 MONTHS 3 YEARS. 8
(4) A PURCHASER MAY WAIVE IN WRITING THE WATER QUALITY 9
TESTING REQUIREMENTS UNDER THIS SUBSECTION . 10
(C) (1) THIS SUBSECTION APPLI ES TO A STATE–CERTIFIED LABORATORY 11
THAT CONDUCTS WATER QUALITY TESTING FOR THE PURPOSE OF COMPL YING WITH 12
THIS SECTION. 13
(2) A STATE–CERTIFIED LABORATORY SHALL PROVIDE THE RE SULTS 14
OF A WATER QUALITY T EST ON A STANDARDIZED REPORTING FORM , AS REQUIRED 15
BY THE DEPARTMENT OF THE ENVIRONMENT , THAT INCLUDES : 16
(I) A REPORT ON ANY SUBSTA NCE THAT EXCEEDS : 17
1. THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 18
SUBSTANCE; OR 19
2. A HARMFUL LEVEL FOR TH AT SUBSTANCE , AS 20
DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT ; AND 21
(II) INFORMATION ON THE PRIVATE WELL SAFETY FUND 22
ESTABLISHED UNDER § 9–4A–05 OF THE ENVIRONMENT ARTICLE, INCLUDING THE 23
WEBSITE OF THE DEPARTMENT OF THE ENVIRONMENT ON WHICH INFORMATION ON 24
THE FUND IS POSTED. 25
(3) A STATE–CERTIFIED LABORATORY MAY PROVIDE THE RESU LTS 26
OF WATER QUALITY TES TING ONLY TO: 27
(I) 1. THE VENDOR AND PURCHA SER OF REAL PROPERTY 28
FOR WHICH THE WATER QUALITY TESTING WAS CONDUCTED ; AND 29
2. ANY PERSON AUTHORIZED BY THE VENDOR OR 30
PURCHASER ; 31
14 HOUSE BILL 250
(II) THE DEPARTMENT OF THE ENVIRONMENT IN ACCORD ANCE 1
WITH PARAGRAPH (4) OF THIS SUBSECTION ; AND 2
(III) ANY PERSON DESIGNATED BY A COURT ORDER . 3
(4) WITHIN 5 BUSINESS DAYS AFTER COMPLETION OF WATER 4
QUALITY TESTING , A STATE–CERTIFIED LABORATORY SHALL SUBMIT TO THE 5
DEPARTMENT OF THE ENVIRONMENT THE RESUL TS OF WATER QUALITY TESTING 6
AND INCLUDE THE FOLL OWING INFORMATION : 7
(I) A STATEMENT THAT THE W ATER QUALITY TESTING IS FOR 8
THE PURPOSE OF COMPL YING WITH THIS SECTION ; 9
(II) THE LOCATION OF THE R EAL PROPERTY , DESCRIBED BY 10
BLOCK AND LOT NUMBER , STREET ADDRESS , COUNTY, AND, IF APPLICABLE , 11
MUNICIPALITY; 12
(III) THE NAME AND MAILING ADDRESS OF THE PERSO N THAT 13
REQUESTED THE WATER QUALITY TESTING ; 14
(IV) THE NAME OF THE EMPLO YEE OR AN AUTHORIZED 15
REPRESENTATIVE OF TH E LABORATORY WHO COL LECTED THE WELL SAMP LE; 16
(V) THE DATE AND TIME THA T THE WATER SAMPLE W AS 17
COLLECTED AND THE SP ECIFIC POINT OF COLL ECTION; 18
(VI) THE DATE AND TIME THE SAMPLE WAS ANALYZED BY THE 19
LABORATORY ; AND 20
(VII) WHETHER THE WATER SAM PLE IS RAW WATER OR FINISHED 21
WATER; 22
(VIII) THE WELL TAG NUMBER , IF KNOWN; AND 23
(VII) (IX) ANY OTHER INFORMATION REQUIRED BY THE 24
DEPARTMENT OF THE ENVIRONMENT . 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2022 2024. 27