Maryland 2022 Regular Session

Maryland House Bill HB250 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0250*
96
107 HOUSE BILL 250
118 M3, N1 2lr1115
129
13-By: Delegate Stewart Delegates Stewart, Boyce, Foley, Fraser–Hidalgo, Lehman,
14-Ruth, and Terrasa
10+By: Delegate Stewart
1511 Introduced and read first time: January 13, 2022
1612 Assigned to: Environment and Transportation
17-Committee Report: Favorable with amendments
18-House action: Adopted
19-Read second time: February 23, 2022
2013
21-CHAPTER ______
14+A BILL ENTITLED
2215
2316 AN ACT concerning 1
2417
2518 Private Well Safety Act of 2022 2
2619
2720 FOR the purpose of establishing the Private Well Safety Program in the Department of the 3
28-Environment to address and manage the contamination of certain private and 4
29-domestic water supply wells in the State; establishing the Private Well Safety Fund 5
30-to award grants to certain counties and households for costs associated with water 6
31-quality testing and remediation; requiring the Department to utilize a certain an 7
32-online portal to receive and upload certain information and to provide public access 8
33-to the information; requiring a State–certified laboratory that conducts water quality 9
21+Environment to address and manage the contamination of private and domestic 4
22+water supply wells in the State; establishing the Private Well Safety Fund to award 5
23+grants to certain counties and households for costs associated with water quality 6
24+testing and remediation; requiring the Department to utilize a certain online portal 7
25+to receive and upload certain information and to provide public access to the 8
26+information; requiring a State–certified laboratory that conducts water quality 9
3427 testing of certain wells to submit to the Department certain results of water quality 10
3528 testing in a certain manner; requiring a contract for the sale of real property on 11
3629 which a certain well is located to include a provision requiring, as a condition of the 12
37-sale, that the purchaser ensure that certain water quality testing be conducted; and 13
38-generally relating to private and domestic water supply wells in the State. 14
30+sale, that certain water quality testing be conducted; and generally relating to 13
31+private and domestic water supply wells in the State. 14
3932
4033 BY adding to 15
4134 Article – Environment 16
4235 Section 9–4A–01 to be under the new part “Part I. Definitions”; 9–4A–04 through 17
4336 9–4A–10 to be under the new part “Part II. Program and Fund”; and 9–4A–13 18
4437 to be under the new part “Part III. Private Well Water Quality Database” 19
4538 Annotated Code of Maryland 20
4639 (2014 Replacement Volume and 2021 Supplement) 21
4740
48-BY repealing and reenacting, with amendments, 22 2 HOUSE BILL 250
41+BY repealing and reenacting, with amendments, 22
42+ Article – Environment 23
43+Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property” 24
44+ Annotated Code of Maryland 25
45+ (2014 Replacement Volume and 2021 Supplement) 26
46+
47+BY adding to 27
48+ Article – Real Property 28 2 HOUSE BILL 250
4949
5050
51- Article – Environment 1
52-Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property” 2
53- Annotated Code of Maryland 3
54- (2014 Replacement Volume and 2021 Supplement) 4
51+Section 10–713 1
52+ Annotated Code of Maryland 2
53+ (2015 Replacement Volume and 2021 Supplement) 3
5554
56-BY adding to 5
57- Article – Real Property 6
58-Section 10–713 7
59- Annotated Code of Maryland 8
60- (2015 Replacement Volume and 2021 Supplement) 9
55+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56+That the Laws of Maryland read as follows: 5
6157
62- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
63-That the Laws of Maryland read as follows: 11
58+Article – Environment 6
6459
65-Article – Environment 12
60+PART I. DEFINITIONS. 7
6661
67-PART I. DEFINITIONS. 13
62+9–4A–01. 8
6863
69-9–4A–01. 14
64+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
65+INDICATED. 10
7066
71- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
72-INDICATED. 16
67+ (B) “CONTAMINATION ” MEANS THAT WATER QUALITY TESTIN G FOR A 11
68+COVERED HOUSEHOLD DE MONSTRATE D THAT: 12
7369
74- (B) “CONTAMINATION” MEANS THAT WATER QUA LITY TESTING FOR A 17
75-COVERED HOUSEHOLD DE MONSTRATED THAT : 18
70+ (1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEGAL 13
71+THRESHOLD LIMIT ON T HE AMOUNT OF THE SUBSTANCE THAT IS AL LOWED IN A 14
72+PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR 15
7673
77- (1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEG AL 19
78-THRESHOLD LIMIT ON T HE AMOUNT OF THE SUB STANCE THAT IS ALLOW ED IN A 20
79-PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR 21
74+ (2) THERE IS A HARMFUL LE VEL OF ANOTHER CONTA MINANT, AS 16
75+DETERMINED BY THE DEPARTMENT . 17
8076
81- (2) THERE IS A HARMFUL LE VEL OF ANOTHER CONTA MINANT, AS 22
82-DETERMINED BY THE DEPARTMENT . 23
77+ (C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO 18
78+RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL. 19
8379
84- (C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO 24
85-RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL. 25
80+ (D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT : 20
8681
87- (D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT : 26
82+ (1) IS AWARDED A GRANT UNDER THE FUND FOR DISTRIBUTION TO 21
83+COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING 22
84+AND REMEDIATION ; AND 23
8885
89- (1) IS AWARDED A GRANT UN DER THE FUND FOR DISTRIBUTION TO 27
90-COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING 28
91-AND REMEDIATION ; AND 29
86+ (2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLISHED UNDER § 24
87+9–4A–08 OF THIS SUBTITLE. 25
9288
93- (2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLI SHED UNDER § 30
94-9–4A–08 OF THIS SUBTITLE. 31
89+ (E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND. 26
90+
91+ (F) “HOTSPOT” MEANS A ZIP CODE WHERE AT LEAST 50% OF THE WATER 27
92+QUALITY TESTING COMP LETED WITHIN THE PAS T 2 YEARS DETECTED A SUB STANCE 28
93+THAT EXCEEDS THE MAX IMUM CONTAMINANT LEV EL FOR THAT SUBSTANC E. 29
9594 HOUSE BILL 250 3
9695
9796
98- (E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND. 1
97+ (G) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN AWARDED 1
98+A GRANT UNDER THE FUND. 2
9999
100- (F) “HOTSPOT” MEANS A ZIP CODE WHE RE AT LEAST 50% OF THE WATER 2
101-QUALITY TESTING COMP LETED WITHIN THE PAS T 2 YEARS DETECTED A SUB STANCE 3
102-THAT EXCEEDS THE MAX IMUM CONTAMINANT LEV EL FOR THAT SUBSTANC E. 4
100+ (H) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD THA T IS: 3
103101
104- (G) (F) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN 5
105-AWARDED A GRANT UNDE R THE FUND. 6
102+ (1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE 4
103+DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND 5
106104
107- (H) (G) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD THA T IS: 7
105+ (2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE 6
106+THAT IS ALLOWED IN A PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE 7
107+DRINKING WATER ACT. 8
108108
109- (1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE 8
110-DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND 9
109+ (I) “PRIVATE WELL ” MEANS A P RIVATE OR DOMESTIC WATER SU PPLY 9
110+WELL. 10
111111
112- (2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE 10
113-THAT IS ALLOWED IN A PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE 11
114-DRINKING WATER ACT. 12
112+ (J) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM. 11
115113
116- (I) (H) “PRIVATE WELL” MEANS A PRIVATE OR D OMESTIC WATER SUPPLY 13
117-WELL THAT IS A SOURCE OF POTABLE WATER . 14
114+ (K) “REMEDIATION” INCLUDES: 12
118115
119- (J) (I) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM. 15
116+ (1) THE DRILLING OF A NEW WELL; 13
120117
121- (K) (J) “REMEDIATION” INCLUDES: 16
118+ (2) CONNECTION TO A PUBLI C WATER SUPPLY ; AND 14
122119
123- (1) THE DRILLING OF A NEW WELL; AND 17
120+ (3) PROVIDING ONGOING TRE ATMENT TO RESOLVE CO NTAMINATION . 15
124121
125- (2) CONNECTION TO A PUBLI C WATER SUPPLY ; AND 18
122+ (L) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY SAMPLING, 16
123+TESTING, AND ANALYSIS: 17
126124
127- (3) PROVIDING ONGOING TRE ATMENT TO RESOLVE CO NTAMINATION . 19
125+ (I) CONDUCTED B Y A STATE–APPROVED LABORATORY FOR A 18
126+PRIVATE WELL; AND 19
128127
129- (L) (K) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY 20
130-SAMPLING, TESTING, AND ANALYSIS: 21
128+ (II) OF WHICH THE SAMPLING IS LIMITED TO THE SA ME 20
129+CRITERIA USED WHEN C ERTIFYING A WELL FOR A NONPUBLIC POTABLE WATER 21
130+SUPPLY SYSTEM UNDER COMAR 26.04.04.30. 22
131131
132- (I) CONDUCTED BY A STATE–APPROVED WATER SAMPL ER AND 22
133-A STATE–APPROVED LABORATORY FOR A PRIVATE WELL ; AND 23
132+ (2) “WATER QUALITY TESTING” INCLUDES WATER QUA LITY 23
133+SAMPLING OF ANY CONT AMINANT OF CONCERN , AS DETERMINED BY THE 24
134+DEPARTMENT . 25
134135
135- (II) OF WHICH THE MINIMUM SAMPLING IS LIMITED TO THE 24
136-SAME CRITERIA USED WHEN CERTIFYING A WE LL FOR A NONPUBLIC P OTABLE 25
137-WATER SUPPLY SYSTEM UNDER COMAR 26.04.04.30 CRITERIA INCLUDE BAC TERIA, 26
138-NITRATE, AND TURBIDITY . 27
136+9–4A–02. RESERVED. 26
137+
138+9–4A–03. RESERVED. 27
139139 4 HOUSE BILL 250
140140
141141
142- (2) “WATER QUALITY TESTING ” INCLUDES WATER QUALI TY 1
143-SAMPLING OF ANY CONT AMINANT OF CONCERN , AS DETERMINED BY THE 2
144-DEPARTMENT . 3
142+PART II. PROGRAM AND FUND. 1
145143
146-9–4A–02. RESERVED. 4
144+9–4A–04. 2
147145
148-9–4A–03. RESERVED. 5
146+ (A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT . 3
149147
150-PART II. PROGRAM AND FUND. 6
148+ (B) THE PURPOSE OF THE PROGRAM IS TO ADDRESS AND MANAGE T HE 4
149+CONTAMINATION OF PRI VATE WELLS IN THE STATE. 5
151150
152-9–4A–04. 7
151+ (C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 6
152+SUBTITLE. 7
153153
154- (A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT . 8
154+9–4A–05. 8
155155
156- (B) THE PURPOSE OF THE PROGRAM IS TO ADDRESS AND MANAGE THE 9
157-CONTAMINATION OF PRI VATE WELLS IN THE STATE. 10
156+ (A) THERE IS A PRIVATE WELL SAFETY FUND. 9
158157
159- (C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 11
160-SUBTITLE. 12
158+ (B) THE PURPOSE OF THE FUND IS TO AWARD GRANTS TO ELIGIBLE 10
159+COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR COSTS 11
160+ASSOCIATED WITH WATE R QUALITY TESTING AN D REMEDIATION . 12
161161
162-9–4A–05. 13
162+ (C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 13
163163
164- (A) THERE IS A PRIVATE WELL SAFETY FUND. 14
164+ (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 14
165+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 15
165166
166- (B) THE PURPOSE OF THE FUND IS TO AWARD GRAN TS TO ELIGIBLE 15
167-COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR CO STS 16
168-ASSOCIATED WITH WATE R QUALITY TESTING AN D REMEDIATION . 17
167+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 16
168+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 17
169169
170- (C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 18
170+ (E) THE FUND CONSISTS OF : 18
171171
172- (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 19
173-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20
172+ (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 19
173+AND 20
174174
175- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 21
176-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 22
175+ (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 21
176+THE BENEFIT OF THE FUND. 22
177177
178- (E) THE FUND CONSISTS OF : 23
178+ (F) THE FUND MAY BE USED ONLY FOR AWARDING GRANTS TO: 23
179179
180- (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 24
181-AND 25
180+ (1) ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVE RED 24
181+HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOCIATED WIT H WATER QUALITY 25
182+TESTING AND REMEDIAT ION; AND 26
182183
183- (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 26
184-THE BENEFIT OF THE FUND. 27
184+ (2) COVERED HOUSEHOLDS LO CATED IN AN INELIGIB LE COUNTY TO 27 HOUSE BILL 250 5
185185
186- (F) THE FUND MAY BE USED ONLY FOR AWARDING GRANTS TO: 28 HOUSE BILL 250 5
186+
187+ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 1
188+REMEDIATION . 2
189+
190+9–4A–06. 3
191+
192+ (A) THE DEPARTMENT SHALL ESTABLISH A GRANT APPLICATION PROC ESS 4
193+FOR AWARDING A GRANT UNDER THE FUND IN ACCORDANCE WITH THIS SUBTITLE. 5
194+
195+ (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 6
196+DEPARTMENT MAY ESTABL ISH A GRANT APPLICATION FEE. 7
197+
198+ (2) (I) THE APPLICATION FEE F OR AN AWARD FOR WATE R QUALITY 8
199+TESTING MAY NOT EXCEED $10; AND 9
200+
201+ (II) THE APPLICATION FEE F OR AN AWARD FOR REMEDIATION 10
202+MAY NOT EXCEED $250. 11
203+
204+ (3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A 12
205+CASE–BY–CASE BASIS, BASED ON HOUSEHOLD INCOME . 13
206+
207+ (C) IN AN APPLICATION FOR A GRANT AWARD UNDER THE FUND, A 14
208+COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME 15
209+TAX RETURN OR AN AFF IDAVIT OF: 16
210+
211+ (1) A FILING OF A HOUSEHOLD INCOME EXEM PTION; 17
212+
213+ (2) A HOUSEHOLD INCOME REDUCTION; OR 18
214+
215+ (3) THE PROJECTED HOUSEHOLD I NCOME FOR THE CURREN T YEAR. 19
216+
217+9–4A–07. 20
218+
219+ THE DEPARTMENT SHALL : 21
220+
221+ (1) PROVIDE NOTICE TO EACH COUNTY OF: 22
222+
223+ (I) THE FUND; AND 23
224+
225+ (II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER § 24
226+9–4A–06 OF THIS SUBTITLE; 25
227+
228+ (2) FOR THE PURPOSE OF IN FORMING COVERED HOUS EHOLDS IN 26
229+INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSITE INFORMATION ON: 27 6 HOUSE BILL 250
187230
188231
189232
190- (1) ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVE RED 1
191-HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOC IATED WITH WATER QUA LITY 2
192-TESTING AND REMEDIAT ION; AND 3
233+ (I) THE FUND; AND 1
193234
194- (2) COVERED HOUSEHOLDS LO CATED IN AN INELIGIB LE COUNTY TO 4
195-ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 5
196-REMEDIATION . 6
235+ (II) THE GRANT APPLICATION PROCESS; AND 2
197236
198-9–4A–06. 7
237+ (3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS, 3
238+PUBLISH ON ITS WEBSITE INFORMATION ON WATER QUALITY TESTIN G, INCLUDING: 4
199239
200- (A) THE DEPARTMENT SHALL ESTA BLISH A GRANT APPLIC ATION PROCESS 8
201-FOR AWARDING A GRANT UNDER THE FUND IN ACCORDANCE WI TH THIS SUBTITLE . 9
240+ (I) RESOURCES FOR WATER Q UALITY TESTING AND 5
241+REMEDIATION ; 6
202242
203- (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 10
204-DEPARTMENT MAY ESTABL ISH A GRANT APPLICAT ION FEE. 11
243+ (II) CONTACT INFORMATION F OR LICENSED WELL DRI LLERS, 7
244+PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING 8
245+LABORATORIES ; 9
205246
206- (2) (I) THE APPLICATION FEE F OR AN AWARD FOR WATE R QUALITY 12
207-TESTING MAY NOT EXCE ED $10; AND 13
247+ (III) INFORMATION ON POTENTIAL CONTAMINAN TS OF 10
248+CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER; AND 11
208249
209- (II) THE APPLICATION FEE F OR AN AWARD FOR REME DIATION 14
210-MAY NOT EXCEED $250. 15
250+ (IV) INFORMATION ON THE IMPORTANCE OF AN NUAL TESTING. 12
211251
212- (3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A 16
213-CASE–BY–CASE BASIS, BASED ON HOUSEHOLD I NCOME. 17
252+9–4A–08. 13
214253
215- (C) IN AN APPLICATION FOR A GRANT AWARD UNDER THE FUND, A 18
216-COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME 19
217-TAX RETURN OR AN AFFIDAVIT OF: 20
254+ A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AWARD IN ACCORDANCE WITH 14
255+THIS SUBTITLE IF THE COUNTY AGR EES TO ENGAGE IN OUTREACH AC TIVITIES: 15
218256
219- (1) A FILING OF A HOUSEHOL D INCOME EXEMPTION ; 21
257+ (1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND 16
258+PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALLY TE STING WELL 17
259+WATER FOR CONTAMINAN TS; AND 18
220260
221- (2) A HOUSEHOLD INCOME RED UCTION; OR 22
261+ (2) THAT, AT A MINIMUM, INCLUDE: 19
222262
223- (3) THE PROJECTED HOUSEHO LD INCOME FOR THE CU RRENT YEAR. 23
263+ (I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE; 20
224264
225-9–4A–07. 24
265+ (II) PROVIDING INFORMATION TO RESIDENTS OVER TH E 21
266+TELEPHONE WHEN A RES IDENT CALLS THE COUN TY ABOUT WATER QUALITY 22
267+TESTING OR REMEDIATION OR TH E PROGRAM; AND 23
226268
227- THE DEPARTMENT SHALL : 25
269+ (III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT 24
270+IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE. 25
228271
229- (1) PROVIDE NOTICE TO EAC H COUNTY OF: 26
272+9–4A–09. 26
230273
231- (I) THE FUND; AND 27
232- 6 HOUSE BILL 250
274+ (A) IN ACCORDANCE WITH TH IS SUBTITLE, THE DEPARTMENT MAY AWARD 27 HOUSE BILL 250 7
233275
234276
235- (II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER § 1
236-9–4A–06 OF THIS SUBTITLE; 2
277+A GRANT UNDER THE FUND TO: 1
237278
238- (2) FOR THE PURPOSE OF IN FORMING COVERED HOUS EHOLDS IN 3
239-INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSI TE INFORMATION ON : 4
279+ (1) AN ELIGIBLE COUNT Y FOR DISTRIBUTION TO COVERED 2
280+HOUSEHOLDS TO ASSIST WITH THE C OSTS ASSOCIATED WITH WATER QUALITY 3
281+TESTING AND REMEDIAT ION; AND 4
240282
241- (I) THE FUND; AND 5
283+ (2) A COVERED HOUSEHOLD LOCA TED IN AN INELIG IBLE COUNTY TO 5
284+ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 6
285+REMEDIATION . 7
242286
243- (II) THE GRANT APPLICATION PROCESS ; AND 6
287+ (B) IN AWARDING A GRANT TO AN ELIGIBLE COUNTY UNDER THIS SUBTITLE, 8
288+THE DEPARTMENT MAY CONSIDER: 9
244289
245- (3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS, 7
246-PUBLISH ON ITS WEBSI TE INFORMATION ON WA TER QUALITY TESTING , INCLUDING: 8
290+ (1) THE ESTIMATED PROPORT ION OF COVERED HOUSE HOLDS IN THE 10
291+ELIGIBLE COUNTY ; 11
247292
248- (I) RESOURCES FOR WATER Q UALITY TESTING AND 9
249-REMEDIATION ; 10
293+ (2) THE COUNTY ’S SPECIFIC NEEDS REL ATED TO THE COSTS OF 12
294+ADMINISTERING AND IMPLEMENTING GRANTS UNDER THE FUND; 13
250295
251- (II) CONTACT INFORMATION F OR LICENSED WELL DRILLERS , 11
252-PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING 12
253-LABORATORIES ; 13
296+ (3) THE COUNTY’S NEED TO ADDRESS PU BLIC HEALTH CONCERNS OR 14
297+SPECIFIC CONTAMINATI ON CONCERNS ; AND 15
254298
255- (III) INFORMATION ON POTENT IAL CONTAMINANTS OF 14
256-CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER ; AND 15
299+ (4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE 16
300+DEPARTMENT . 17
257301
258- (IV) INFORMATION ON THE IM PORTANCE OF ANNUAL T ESTING. 16
302+ (C) (1) THE DEPARTMENT OR AN ELIGIBLE COUNTY SHALL: 18
259303
260-9–4A–08. 17
304+ (I) BASE THE DOLLAR AMOUNT OF A GRANT AWARD FOR WATER 19
305+QUALITY TESTING ON SAMPLING PARAMETE RS AND COSTS; AND 20
261306
262- A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AW ARD IN ACCORDANCE WI TH 18
263-THIS SUBTITLE IF THE COUNTY AGREES TO ENG AGE IN OUTREACH ACTI VITIES: 19
307+ (II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD FOR 21
308+REMEDIATION ON AN INCOME GUIDELI NE SCALE ESTABLISHED BY THE 22
309+DEPARTMENT . 23
264310
265- (1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND 20
266-PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALL Y TESTING WELL 21
267-WATER FOR CONTAMINAN TS; AND 22
311+ (2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWARD A GRANT 24
312+FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND 25
313+REMEDIATION TO A COVERED HOUSEHOLD TH AT CAN DEMONSTRATE HOUSEHOLD 26
314+INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVE L. 27
268315
269- (2) THAT, AT A MINIMUM, INCLUDE: 23
316+ (D) (1) THIS SUBSECTION APPLI ES TO A GRANT AWARD FOR THE COSTS 28
317+ASSOCIATED WITH REME DIATION. 29
270318
271- (I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE; 24
272-
273- (II) PROVIDING INFORMATION TO RESIDENTS OVER TH E 25
274-TELEPHONE WHEN A RES IDENT CALLS THE COUN TY ABOUT WATER QUALI TY 26
275-TESTING OR REMEDIATI ON OR THE PROGRAM; AND 27
276-
277- (III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT 28
278-IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE. 29
279- HOUSE BILL 250 7
319+ (2) UNLESS A COVERED HOUS EHOLD PROVIDES DOCUM ENTATION TO 30 8 HOUSE BILL 250
280320
281321
282-9–4A–09. 1
322+THE DEPARTMENT THAT PAYMENT HAS BEEN MADE TO A LICENSED WELL DRILLE R 1
323+OR PUMP INSTALLER , THE DEPARTMENT OR AN ELIGIBLE COUNTY SHALL MAKE 2
324+PAYMENT DIRECTLY TO THE LICENSED WELL DRILLER OR PUMP INSTALLER THAT 3
325+HAS BEEN CONTRACTED TO PERFORM THE REMEDIATION PROJ ECT. 4
283326
284- (A) IN ACCORDANCE WITH TH IS SUBTITLE, THE DEPARTMENT MAY AWARD 2
285-A GRANT UNDER THE FUND TO: 3
327+ (E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT 5
328+UNDER THE FUND FOR COSTS ASSOCI ATED WITH: 6
286329
287- (1) AN ELIGIBLE COUNTY FO R DISTRIBUTION TO CO VERED 4
288-HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOC IATED WITH WATER QUA LITY 5
289-TESTING AND REMEDIAT ION; AND 6
330+ (1) ANY WORK OR TESTING CONDUCTED BEFORE THE GRANT AWARD 7
331+WAS APPROVED BY THE DEPARTMENT OR ELIGIBL E COUNTY; 8
290332
291- (2) A COVERED HOUSEHOLD LO CATED IN AN INELIGIB LE COUNTY TO 7
292-ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 8
293-REMEDIATION . 9
333+ (2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ; 9
294334
295- (B) IN AWARDING A GRANT T O AN ELIGIBLE COUNTY UNDER THIS SUBTITLE , 10
296-THE DEPARTMENT MAY CONSID ER: 11
335+ (3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED 10
336+CONTAMINATION CRITER IA; 11
297337
298- (1) THE ESTIMATED PROPORT ION OF COVERED HOUSE HOLDS IN THE 12
299-ELIGIBLE COUNTY ; 13
338+ (4) DUG WELLS; AND 12
300339
301- (2) THE COUNTY ’S SPECIFIC NEEDS REL ATED TO THE COSTS OF 14
302-ADMINISTERING AND IM PLEMENTING GRANTS UN DER THE FUND; 15
340+ (5) POINT–DRIVEN WELLS . 13
303341
304- (3) THE COUNTY’S NEED TO ADDRESS PU BLIC HEALTH CONCERNS OR 16
305-SPECIFIC CONTAMINATI ON CONCERNS ; AND 17
342+ (F) A COVERED HOUSEHOLD MA Y NOT RECEIVE A GRANT AWARD UNDER 14
343+THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR 15
344+WATER QUALITY TESTING AND ONE GRAN T AWARD FOR REMEDIATION . 16
306345
307- (4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE 18
308-DEPARTMENT . 19
346+ (G) THE DEPARTMENT SHALL DEVE LOP A LIST OF ADDITI ONAL STANDARDS 17
347+FOR WATER QUALITY TE STING THAT THE DEPARTMENT DEEMS NECESSARY FOR 18
348+EACH COUNTY OR ANY S PECIFIC AREA WITHIN A COUNTY, INCLUDING REQUIRING , 19
349+AS APPROPRIATE , TESTING FOR: 20
309350
310- (C) (1) THE DEPARTMENT OR AN E LIGIBLE COUNTY SHALL : 20
351+ (1) MANGANESE; 21
311352
312- (I) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR WATER 21
313-QUALITY TESTING ON SAMPLING: 22
353+ (2) ARSENIC; 22
314354
315- 1. SAMPLING PARAMETERS AND COSTS ; AND 23
355+ (3) RADON; 23
316356
317- 2. AN INCOME GUIDELINE S CALE ESTABLISHED BY THE 24
318-DEPARTMENT ; AND 25
357+ (4) MERCURY; AND 24
319358
320- (II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD FOR 26
321-REMEDIATION ON AN IN COME GUIDELINE SCALE ESTABLISHED BY THE 27
322-DEPARTMENT . 28
359+ (5) ALL VOLATILE ORGANIC COM POUNDS FOR WHICH THE RE IS A 25
360+MAXIMUM CONTAMINANT LEVEL. 26
323361
324- (2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWAR D A GRANT 29
325-FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND 30 8 HOUSE BILL 250
362+9–4A–10. 27
363+
364+ (A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIV ED A 28 HOUSE BILL 250 9
326365
327366
328-REMEDIATION TO A COV ERED HOUSEHOL D THAT CAN DEMONSTRA TE HOUSEHOLD 1
329-INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVE L. 2
367+GRANT AWARD IN ACCORDANCE WITH T HIS SUBTITLE SHALL S UBMIT TO THE 1
368+DEPARTMENT A REPORT THAT INCLUDES , FOR THE IMMEDIATELY PRECEDING 2
369+FISCAL YEAR: 3
330370
331- (D) (1) THIS SUBSECTION APPLI ES TO A GRANT AWARD FOR THE COSTS 3
332-ASSOCIATED WITH REME DIATION. 4
371+ (1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A 4
372+GRANT AWARD; 5
333373
334- (2) UNLESS A A COVERED HOUSEHOLD PROVIDES DOCUMENTATI ON 5
335-TO THE DEPARTMENT THAT PAYMENT HAS BEE N MADE TO A LICENSED WELL 6
336-DRILLER OR PUMP INSTALLER , THE DEPARTMENT OR AN ELIG IBLE COUNTY SHALL, 7
337-ON SATISFACTORY COMP LETION OF THE REMEDI ATION PROJECT , MAKE PAYMENT 8
338-DIRECTLY TO THE LICE NSED WELL DRILLER , WATER CONDITIONER IN STALLER, OR 9
339-PUMP INSTALLER THAT HAS BEEN CONTRACTED TO PERFORM THE REMED IATION 10
340-PROJECT. 11
374+ (2) THE DOLLAR AMOUNT AWARDED TO EACH HOUSEHOLD , 6
375+CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION; 7
341376
342- (E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT 12
343-UNDER THE FUND FOR COSTS ASSOCI ATED WITH: 13
377+ (3) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 8
378+UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 9
379+EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 10
380+CATEGORIZED BY ZIP C ODE OR OTHER IDENTIF YING FACTORS; 11
344381
345- (1) ANY WORK OR TESTING C ONDUCTED BEFORE THE GRANT AWARD 14
346-WAS APPROVED BY THE DEPARTMENT OR ELIGIBL E COUNTY; 15
382+ (4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 12
383+PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 13
384+SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 14
385+SUBSTANCE, CATEGORIZED BY ZIP C ODE; 15
347386
348- (2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ; 16
387+ (5) THE LOCATION OF AREAS OF POTENTIAL CONCERN , INCLUDING 16
388+THE LOCATION OF HOTS POTS; 17
349389
350- (3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED 17
351-CONTAMINATION CRITER IA; 18
390+ (6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 18
391+CATEGORIZED BY ZIP C ODE; AND 19
352392
353- (4) DUG WELLS; AND 19
393+ (7) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT. 20
354394
355- (5) POINT–DRIVEN WELLS . 20
395+ (B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL 21
396+REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 22
397+STATE GOVERNMENT ARTICLE, ON: 23
356398
357- (F) A COVERED HOUSEHOLD MA Y NOT RECEIVE A GRANT AWARD UNDER 21
358-THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR 22
359-WATER QUALITY TESTIN G AND ONE GRANT AWAR D FOR REMEDIATION . 23
399+ (1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 24
400+UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 25
401+EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 26
402+CATEGORIZED BY COUNT Y AND ZIP CODE; 27
360403
361- (G) THE DEPARTMENT SHALL DEVELOP ADOPT REGULATIONS TO IDENTIFY 24
362-A LIST OF ADDITIONAL STANDARDS FOR WATER QUALITY TESTING THAT THE 25
363-DEPARTMENT DEEMS NECE SSARY FOR EACH COUNT Y OR ANY SPECIFIC AR EA 26
364-WITHIN A COUNTY , INCLUDING REQUIRING , AS APPROPRIATE , TESTING FOR: 27
404+ (2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 28
405+PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 29
406+SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 30
407+SUBSTANCE, CATEGORIZED BY COUNT Y AND ZIP CODE; 31
365408
366- (1) MANGANESE; 28
367-
368- (2) ARSENIC; 29
369-
370- (3) RADON; 30
371- HOUSE BILL 250 9
409+ (3) THE LOCATION OF POTEN TIAL HOTSPOTS OR OTH ER AREAS OF 32 10 HOUSE BILL 250
372410
373411
374- (4) MERCURY; AND 1
412+KNOWN CONTAMINATION ; 1
375413
376- (5) ALL VOLATILE ORGANIC COMPOUNDS FOR WHICH THERE IS A 2
377-MAXIMUM CONTAMINANT LEVEL. 3
414+ (4) A DESCRIPTION OF THE B ENEFITS REALIZED AND DEFICIENCIES 2
415+ADDRESSED AS A RESULT OF TH E PROGRAM AND RECOMMEND ATIONS FOR ANY 3
416+APPROPRIATE LEGISLAT IVE ACTION; AND 4
378417
379-9–4A–10. 4
418+ (5) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 5
419+CATEGORIZED BY ZIP C ODE. 6
380420
381- (A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIV ED A 5
382-GRANT AWARD IN ACCOR DANCE WITH THIS SUBT ITLE SHALL SUBMIT TO THE 6
383-DEPARTMENT A REPORT T HAT INCLUDES , FOR THE IMMEDIATELY PRECEDING 7
384-FISCAL YEAR: 8
421+9–4A–11. RESERVED. 7
385422
386- (1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A 9
387-GRANT AWARD ; 10
423+9–4A–12. RESERVED. 8
388424
389- (2) THE DOLLAR AMOUNT AWA RDED TO EACH HOUSEHO LD, 11
390-CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION; 12
425+PART III. PRIVATE WELL WATER QUALITY DATABASE. 9
391426
392- (3) THE TOTAL NUMBER OF W ATER QUALITY TES TS CONDUCTED 13
393-UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 14
394-EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 15
395-CATEGORIZED BY ZIP CODE CENSUS TRACT OR OTHER IDENTIFYING FACTORS; 16
427+9–4A–13. 10
396428
397- (4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 17
398-PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 18
399-SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 19
400-SUBSTANCE, CATEGORIZED BY ZIP CODE CENSUS TRACT OR OTHE R IDENTIFYING 20
401-FACTORS; 21
429+ (A) THE DEPARTMENT SHALL UTIL IZE AN EXISTING ONLI NE PORTAL: 11
402430
403- (5) THE LOCATION OF AREAS OF POTENTIAL CONCERN, INCLUDING 22
404-THE LOCATION OF HOTS POTS; 23
431+ (1) TO RECEIVE THE RESULTS OF WATER QUA LITY TESTING FRO M 12
432+STATE–CERTIFIED LABORATORI ES AND THE MARYLAND GEOLOGICAL SURVEY; 13
405433
406- (6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 24
407-CATEGORIZED BY ZIP CODE CENSUS TRACT OR OTHE R IDENTIFYING FACTOR S; AND 25
434+ (2) TO UPLOAD CERTIFICATE S OF POTABILITY, RESULTS OF WATER 14
435+QUALITY TESTING, AND OTHER RELEVANT I NFORMATION SUBMITTED TO THE 15
436+DEPARTMENT RELATED TO PRIVATE WELLS, ON AT LEAST A QUARTERLY BASIS ; AND 16
408437
409- (7) ANY OTHER INFORMATION TO FURTHER EXPLAIN O R QUALIFY 26
410-THE INFORMATION INCL UDED IN THE REPORT ; AND 27
438+ (3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATION RECEIVED 17
439+UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THAT IS E ASY TO USE 18
440+AND CATEGORIZED BY C OUNTY. 19
411441
412- (7) (8) ANY OTHER INFORMATION REQUIRED BY THE 28
413-DEPARTMENT . 29
442+ (B) ON AN ONGOING BASIS , A COUNTY MAY SUBMIT TO THE DEPARTMENT 20
443+RECORDS OF CERTIFICA TES OF POTABILITY AN D ANY RESULTS OF WATER QUALITY 21
444+TESTING RECEIVED VOLUNTARILY FROM RESIDENTS. 22
414445
415- (B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL 30
416-REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 31
417-STATE GOVERNMENT ARTICLE, ON: 32 10 HOUSE BILL 250
446+ (C) ON A QUARTERLY BASIS , A STATE–CERTIFIED LABORATORY THAT 23
447+CONDUCTS WATER QUALI TY TESTING OF PRIVATE WELLS FOR THE PURPOSE OF 24
448+IMPLEMENTING THIS SUBTITLE SHALL SUBMIT TO THE DEPARTMENT THE RESULTS 25
449+OF EACH WATER QUALITY TEST CONDUCTED BY THE LAB ORATORY IN A MANNER 26
450+DETERMINED BY THE DEPARTMENT . 27
451+
452+9–4A–14. RESERVED. 28
453+
454+9–4A–15. RESERVED. 29 HOUSE BILL 250 11
418455
419456
420457
421- (1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 1
422-UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 2
423-EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 3
424-CATEGORIZED BY COUNT Y AND ZIP CODE CENSUS TRACT OR OTHE R IDENTIFYING 4
425-FACTORS; 5
458+PART IV. RESIDENTIAL RENTAL PROPERTY. 1
426459
427- (2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 6
428-PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 7
429-SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 8
430-SUBSTANCE, CATEGORIZED BY COUNT Y AND ZIP CODE CENSUS TRACT OR OTHE R 9
431-IDENTIFYING FACTORS ; 10
460+[9–4A–01.] 9–4A–16. 2
432461
433- (3) THE LOCATION OF POTENTIAL HOTSPOTS O R OTHER AREAS OF 11
434-KNOWN CONTAMINATION ; 12
462+ (a) An owner of residential rental property that is served by a private [water 3
463+supply] well shall: 4
435464
436- (4) A DESCRIPTION OF THE B ENEFITS REALIZED AND DEFICIENCIES 13
437-ADDRESSED AS A RESUL T OF THE PROGRAM AND RECOMMEND ATIONS FOR ANY 14
438-APPROPRIATE LEGISLAT IVE ACTION; AND 15
465+ (1) Provide for water quality testing every 3 years; 5
439466
440- (5) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 16
441-CATEGORIZED BY ZIP CODE CENSUS TRACT OR OTHE R IDENTIFYING FACTOR S. 17
467+ (2) Disclose to a tenant the results of the water quality testing; and 6
442468
443-9–4A–11. RESERVED. 18
469+ (3) Notify a tenant: 7
444470
445-9–4A–12. RESERVED. 19
471+ (i) After any water quality test required under item (1) of this 8
472+subsection is complete; and 9
446473
447-PART III. PRIVATE WELL WATER QUALITY DATABASE. 20
474+ (ii) Of the most recent water quality test when they sign a lease. 10
448475
449-9–4A–13. 21
476+ (b) (1) The requirements of this subsection apply when a private [water 11
477+supply] well is contaminated by a substance that exceeds: 12
450478
451- (A) THE DEPARTMENT SHALL U TILIZE AN EXISTING ONLINE PORTAL : 22
479+ (i) The maximum contaminant level for that substance that is set 13
480+by the U.S. Environmental Protection Agency for drinking water quality; or 14
452481
453- (1) TO RECEIVE THE RESULT S OF WATER QUALITY T ESTING FROM 23
454-STATE–CERTIFIED LABORATORI ES AND THE MARYLAND GEOLOGICAL SURVEY; 24
482+ (ii) A harmful level for that substance, as determined by the 15
483+Department. 16
455484
456- (2) TO UPLOAD CERTIFICATE S OF POTABILITY AS REQUIRED UNDER 25
457-COMAR 26.04.04.30, RESULTS OF WATER QUALITY TESTING , AND OTHER 26
458-RELEVANT INFORMATION SUBMITTED TO THE DEPARTMENT RELATED TO PRIVATE 27
459-WELLS, ON AT LEAST A QUARTE RLY BASIS; AND 28
485+ (2) When a water quality test reveals a private [water supply] well is 17
486+contaminated, the owner of a residential rental property that is served by the well shall: 18
460487
461- (3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATI ON RECEIVED 29
462-UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THA T IS EASY TO USE 30
463-AND CATEGORIZED BY C OUNTY. 31 HOUSE BILL 250 11
488+ (i) Notify the Department and the local health department about 19
489+the contamination; 20
490+
491+ (ii) Provide an approved potable water supply until the 21
492+contamination is permanently remediated; and 22
493+
494+ (iii) Within 60 days of the date on which the owner knew of the 23
495+contamination, resolve the issue, including by: 24
496+
497+ 1. Providing an approved potable water supply on an ongoing 25
498+basis; 26
499+
500+ 2. Permanently remediating the contamination; or 27
501+
502+ 3. Providing the tenant with the option to terminate the 28 12 HOUSE BILL 250
464503
465504
505+lease. 1
466506
467- (B) ON AN ONGOING BASIS , A COUNTY MAY SUBMIT TO THE DEPARTMENT 1
468-RECORDS OF CERTIFICA TES OF POTABILITY , AS REQUIRED UNDER COMAR 2
469-26.04.04.30, AND ANY RESULTS OF W ATER QUALITY TESTING RECEIVED 3
470-VOLUNTARILY FROM RES IDENTS. 4
507+ (c) (1) A person who violates a provision of this section is subject to a civil 2
508+penalty not exceeding $1,000. 3
471509
472- (C) ON A QUARTERLY BASIS , A STATE–CERTIFIED LABORATORY THAT 5
473-CONDUCTS WATER QUALI TY TESTING OF PRIVAT E WELLS FOR THE PURP OSE OF 6
474-IMPLEMENTING THIS SU BTITLE SHALL SUBMIT TO THE DEPARTMENT THE RESULT S 7
475-OF EACH WATER QUALIT Y TEST CONDUCTED BY THE LABORA TORY IN A MANNER 8
476-DETERMINED BY THE DEPARTMENT . 9
510+ (2) A local health department may: 4
477511
478-9–4A–14. RESERVED. 10
512+ (i) Enforce this section; and 5
479513
480-9–4A–15. RESERVED. 11
514+ (ii) Collect the civil penalty provided under paragraph (1) of this 6
515+subsection. 7
481516
482-PART IV. RESIDENTIAL RENTAL PROPERTY. 12
517+ (d) The Department shall adopt regulations to establish minimum criteria for 8
518+water quality testing required under this section. 9
483519
484-[94A–01.] 9–4A–16. 13
520+Article Real Property 10
485521
486- (a) An owner of residential rental property that is served by a private [water 14
487-supply] well shall: 15
522+10–713. 11
488523
489- (1) Provide for water quality testing every 3 years; 16
524+ (A) IN THIS SECTION , “MAXIMUM CONTAMINANT LEVEL” AND “WATER 12
525+QUALITY TESTING ” HAVE THE MEANING S STATED IN § 9–4A–01 OF THE 13
526+ENVIRONMENT ARTICLE. 14
490527
491- (2) Disclose to a tenant the results of the water quality testing; and 17
528+ (B) (1) A CONTRACT FOR THE SAL E OF REAL PROPERTY ON WHICH A 15
529+PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUDE A 16
530+PROVISION REQUIRING , AS A CONDITION OF TH E SALE, THAT WATER QUALITY 17
531+TESTING OF THE WELL BE CONDUCTED . 18
492532
493- (3) Notify a tenant: 18
533+ (2) (I) SETTLEMENT ON THE CON TRACT FOR THE SALE O F THE 19
534+REAL PROPERTY MAY NO T OCCUR UNTIL THE VENDOR AND THE P URCHASER HAVE 20
535+EACH RECEIVED AND REVIEWED THE RESULTS OF THE WATER QUALITY TESTING 21
536+CONDUCTED UNDER THIS SUBSECTIO N. 22
494537
495- (i) After any water quality test required under item (1) of this 19
496-subsection is complete; and 20
538+ (II) AT SETTLEMENT ON THE CONTRACT FOR THE SAL E OF THE 23
539+REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 24
540+WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE RESULTS OF THE WATER 25
541+QUALITY TESTING. 26
497542
498- (ii) Of the most recent water quality test when they sign a lease. 21
543+ (3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE 27
544+WATER QUALITY TEST ING REMAIN VALID FOR 6 MONTHS. 28
499545
500- (b) (1) The requirements of this subsection apply when a private [water 22
501-supply] well is contaminated by a substance that exceeds: 23
502-
503- (i) The maximum contaminant level for that substance that is set 24
504-by the U.S. Environmental Protection Agency for drinking water quality; or 25
505-
506- (ii) A harmful level for that substance, as determined by the 26
507-Department. 27
508-
509- (2) When a water quality test reveals a private [water supply] well is 28
510-contaminated, the owner of a residential rental property that is served by the well shall: 29 12 HOUSE BILL 250
546+ (C) (1) THIS SUBSECTION APPLIES TO A STATE–CERTIFIED LABORATORY 29
547+THAT CONDUCTS WATER QUALITY TESTING FOR THE PURP OSE OF COMPLYING WITH 30
548+THIS SECTION. 31
549+ HOUSE BILL 250 13
511550
512551
552+ (2) A STATE–CERTIFIED LABORATORY SHALL PROVIDE THE RESULTS 1
553+OF A WATER QUALITY TEST ON A STANDARDIZED RE PORTING FORM , AS REQUIRED 2
554+BY THE DEPARTMENT OF THE ENVIRONMENT , THAT INCLUDES : 3
513555
514- (i) Notify the Department and the local health department about 1
515-the contamination; 2
556+ (I) A REPORT ON A NY SUBSTANCE THAT EX CEEDS: 4
516557
517- (ii) Provide an approved potable water supply until the 3
518-contamination is permanently remediated; and 4
558+ 1. THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 5
559+SUBSTANCE; OR 6
519560
520- (iii) Within 60 days of the date on which the owner knew of the 5
521-contamination, resolve the issue, including by: 6
561+ 2. A HARMFUL LEVEL FOR TH AT SUBSTANCE , AS 7
562+DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT ; AND 8
522563
523- 1. Providing an approved potable water supply on an ongoing 7
524-basis; 8
564+ (II) INFORMATION ON THE PRIVATE WELL SAFETY FUND 9
565+ESTABLISHED UNDER § 9–4A–05 OF THE ENVIRONMENT ARTICLE, INCLUDING THE 10
566+WEBSITE OF THE DEPARTMENT OF THE ENVIRONMENT ON WHICH INFORMATION ON 11
567+THE FUND IS POSTED. 12
525568
526- 2. Permanently remediating the contamination; or 9
569+ (3) A STATE–CERTIFIED LABORATORY MAY PROVIDE THE RESULTS 13
570+OF WATER QUALITY TESTIN G ONLY TO: 14
527571
528- 3. Providing the tenant with the option to terminate the 10
529-lease. 11
572+ (I) 1. THE VENDOR AND PURCHA SER OF REAL PROPERTY 15
573+FOR WHICH THE WATER QUALITY TESTING WAS CONDUCTED ; AND 16
530574
531- (c) (1) A person who violates a provision of this section is subject to a civil 12
532-penalty not exceeding $1,000. 13
575+ 2. ANY PERSON AUTHORIZED BY THE VENDOR OR 17
576+PURCHASER ; 18
533577
534- (2) A local health department may: 14
578+ (II) THE DEPARTMENT OF THE ENVIRONMENT IN ACCORD ANCE 19
579+WITH PARAGRAPH (4) OF THIS SUBSECTION ; AND 20
535580
536- (i) Enforce this section; and 15
581+ (III) ANY PERSON DESIGNATED BY A COURT ORDER . 21
537582
538- (ii) Collect the civil penalty provided under paragraph (1) of this 16
539-subsection. 17
583+ (4) WITHIN 5 BUSINESS DAYS AFTER COMPLETION OF WATER 22
584+QUALITY TEST ING, A STATE–CERTIFIED LABORATORY SHALL SUBMIT TO THE 23
585+DEPARTMENT OF THE ENVIRONMENT THE RESULTS OF WATER QUALITY TEST ING 24
586+AND INCLUDE THE FOLL OWING INFORMATION : 25
540587
541- (d) The Department shall adopt regulations to establish minimum criteria for 18
542-water quality testing required under this section. 19
588+ (I) A STATEMENT THAT THE WATER QUALITY TESTING IS FOR 26
589+THE PURPOSE OF COMPL YING WITH THIS SECTION; 27
543590
544-Article – Real Property 20
545-
546-10–713. 21
547-
548- (A) IN THIS SEC TION, “MAXIMUM CONTAMINANT LEVEL” AND “WATER 22
549-QUALITY TESTING ” HAVE THE MEANINGS ST ATED IN § 9–4A–01 OF THE 23
550-ENVIRONMENT ARTICLE. 24
551-
552- (B) (1) A CONTRACT FOR THE SAL E OF REAL PROPERTY O N WHICH A 25
553-PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUD E A 26
554-PROVISION REQUIRING , AS A CONDITION OF TH E SALE, THAT THE PURCHASER 27
555-ENSURE THAT WATER QUALITY TESTIN G OF THE WELL BE CON DUCTED. 28
556-
557- (2) (I) SETTLEMENT ON THE CON TRACT FOR THE SALE O F THE 29
558-REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND THE PURCHAS ER HAVE 30 HOUSE BILL 250 13
559-
560-
561-EACH RECEIVED AND RE VIEWED THE RESULTS O F THE WATER QUALITY TESTING 1
562-CONDUCTED UNDER THIS SUBSECTION. 2
563-
564- (II) AT SETTLEMENT ON THE CONTRACT FOR THE SAL E OF THE 3
565-REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 4
566-WRITING THAT THEY HA VE RECEIVED AND REVIEWED THE R ESULTS OF THE WATER 5
567-QUALITY TESTING . 6
568-
569- (3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE 7
570-WATER QUALITY TESTIN G REMAIN VALID FOR 6 MONTHS 3 YEARS. 8
571-
572- (4) A PURCHASER MAY WAIVE IN WRITING THE WATER QUALITY 9
573-TESTING REQUIREMENTS UNDER THIS SUBSECTION . 10
574-
575- (C) (1) THIS SUBSECTION APPLI ES TO A STATE–CERTIFIED LABORATORY 11
576-THAT CONDUCTS WATER QUALITY TESTING FOR THE PURPOSE OF COMPL YING WITH 12
577-THIS SECTION. 13
578-
579- (2) A STATE–CERTIFIED LABORATORY SHALL PROVIDE THE RE SULTS 14
580-OF A WATER QUALITY T EST ON A STANDARDIZED REPORTING FORM , AS REQUIRED 15
581-BY THE DEPARTMENT OF THE ENVIRONMENT , THAT INCLUDES : 16
582-
583- (I) A REPORT ON ANY SUBSTA NCE THAT EXCEEDS : 17
584-
585- 1. THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 18
586-SUBSTANCE; OR 19
587-
588- 2. A HARMFUL LEVEL FOR TH AT SUBSTANCE , AS 20
589-DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT ; AND 21
590-
591- (II) INFORMATION ON THE PRIVATE WELL SAFETY FUND 22
592-ESTABLISHED UNDER § 9–4A–05 OF THE ENVIRONMENT ARTICLE, INCLUDING THE 23
593-WEBSITE OF THE DEPARTMENT OF THE ENVIRONMENT ON WHICH INFORMATION ON 24
594-THE FUND IS POSTED. 25
595-
596- (3) A STATE–CERTIFIED LABORATORY MAY PROVIDE THE RESU LTS 26
597-OF WATER QUALITY TES TING ONLY TO: 27
598-
599- (I) 1. THE VENDOR AND PURCHA SER OF REAL PROPERTY 28
600-FOR WHICH THE WATER QUALITY TESTING WAS CONDUCTED ; AND 29
601-
602- 2. ANY PERSON AUTHORIZED BY THE VENDOR OR 30
603-PURCHASER ; 31
591+ (II) THE LOCATION OF THE R EAL PROPERTY , DESCRIBED BY 28
592+BLOCK AND LOT NUMBER , STREET ADDRESS , COUNTY, AND, IF APPLICABLE , 29
593+MUNICIPALITY; 30
604594 14 HOUSE BILL 250
605595
606596
607- (II) THE DEPARTMENT OF THE ENVIRONMENT IN ACCORD ANCE 1
608-WITH PARAGRAPH (4) OF THIS SUBSECTION ; AND 2
597+ (III) THE NAME AND MAILING ADDRESS OF THE PERSO N THAT 1
598+REQUESTED THE WATER QUALITY TESTIN G; 2
609599
610- (III) ANY PERSON DESIGNATED BY A COURT ORDER . 3
600+ (IV) THE NAME OF THE EMPLO YEE OR AN AUTHORIZED 3
601+REPRESENTATIVE OF TH E LABORATO RY WHO COLLECTED THE WELL SAMPLE ; 4
611602
612- (4) WITHIN 5 BUSINESS DAYS AFTER COMPLETION OF WATER 4
613-QUALITY TESTING , A STATE–CERTIFIED LABORATORY SHALL SUBMIT TO THE 5
614-DEPARTMENT OF THE ENVIRONMENT THE RESUL TS OF WATER QUALITY TESTING 6
615-AND INCLUDE THE FOLL OWING INFORMATION : 7
603+ (V) THE DATE AND TIME THA T THE WATER SAMPLE W AS 5
604+COLLECTED AND THE SP ECIFIC POINT OF COLL ECTION; 6
616605
617- (I) A STATEMENT THAT THE W ATER QUALITY TESTING IS FOR 8
618-THE PURPOSE OF COMPL YING WITH THIS SECTION ; 9
606+ (VI) THE DATE AND TIME THE SAMPLE WAS ANALYZED BY THE 7
607+LABORATORY ; AND 8
619608
620- (II) THE LOCATION OF THE R EAL PROPERTY , DESCRIBED BY 10
621-BLOCK AND LOT NUMBER , STREET ADDRESS , COUNTY, AND, IF APPLICABLE , 11
622-MUNICIPALITY; 12
609+ (VII) ANY OTHER INFORMATION REQUIRED BY THE 9
610+DEPARTMENT OF THE ENVIRONMENT . 10
623611
624- (III) THE NAME AND MAILING ADDRESS OF THE PERSO N THAT 13
625-REQUESTED THE WATER QUALITY TESTING ; 14
626-
627- (IV) THE NAME OF THE EMPLO YEE OR AN AUTHORIZED 15
628-REPRESENTATIVE OF TH E LABORATORY WHO COL LECTED THE WELL SAMP LE; 16
629-
630- (V) THE DATE AND TIME THA T THE WATER SAMPLE W AS 17
631-COLLECTED AND THE SP ECIFIC POINT OF COLL ECTION; 18
632-
633- (VI) THE DATE AND TIME THE SAMPLE WAS ANALYZED BY THE 19
634-LABORATORY ; AND 20
635-
636- (VII) WHETHER THE WATER SAM PLE IS RAW WATER OR FINISHED 21
637-WATER; 22
638-
639- (VIII) THE WELL TAG NUMBER , IF KNOWN; AND 23
640-
641- (VII) (IX) ANY OTHER INFORMATION REQUIRED BY THE 24
642-DEPARTMENT OF THE ENVIRONMENT . 25
643-
644- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
645-October 1, 2022 2024. 27
646-
612+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
613+October 1, 2022. 12