Maryland 2022 Regular Session

Maryland House Bill HB318 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 419
2		-
3		-	– 1 –
4		-	Chapter 419
5		-	(House Bill 318)
6		-
7		-	AN ACT concerning
8		-
9		-	Environment – On–Site Wastewater Services – Regulation
10		-
11		-	FOR the purpose of establishing the State Board of On–Site Wastewater Professionals in
12		-	the Department of the Environment; establishing the On –Site Wastewater
13		-	Professionals Fund as a special, nonlapsing fund; requiring interest earnings of the
14		-	Fund to be credited to the Fund; requiring the Board to submit a certain annual
15		-	report to the Secretary of the Environment; requiring, subject to a certain exception,
16		-	a certain individual to be licensed by the Board before providing certain on–site
17		-	wastewater services in the State; authorizing a certain individual to continue to
18		-	provide certain services until certain license requirements are established if the
19		-	individual pays a certain fee to the Department; specifying that this Act does not
20		-	prevent or prohibit a local government from imposing certain requirements or
21		-	standards; providing that the Board is subject to the Maryland Program Evaluation
22		-	Act; repealing provisions of law establishing and requiring an on–site wastewater
23		-	property transfer inspection license under certain circumstances; and generally
24		-	relating to the establishment of the State Board of On –Site Wastewater
25		-	Professionals and the regulation of individuals providing on–site wastewater
26		-	services in the State.
27		-
28		-	BY renumbering
29		-	Article – State Government
30		-	Section 8–403(43) through 8–403(62), respectively
31		-	to be Section 8–403(44) through 8–403(63), respectively
32		-	Annotated Code of Maryland
33		-	(2021 Replacement Volume)
34		-
35		-	BY repealing and reenacting, without amendments,
36		-	Article – Environment
37		-	Section 1–401
38		-	Annotated Code of Maryland
39		-	(2013 Replacement Volume and 2021 Supplement)
40		-
41		-	BY repealing and reenacting, with amendments,
42		-	Article – Environment
43		-	Section 1–406
44		-	Annotated Code of Maryland
45		-	(2013 Replacement Volume and 2021 Supplement)
46		-
47		-	BY adding to
48		-	Article – Environment Ch. 419 2022 LAWS OF MARYLAND
49		-
50		-	– 2 –
51		-	Section 9–11A–01 through 9–11A–21 9–11A–23 to be under the new subtitle
52		-	“Subtitle 11A. On–Site Wastewater Services”
53		-	Annotated Code of Maryland
54		-	(2014 Replacement Volume and 2021 Supplement)
55		-
56		-	BY repealing and reenacting, without amendments,
57		-	Article – State Finance and Procurement
58		-	Section 6–226(a)(2)(i)
59		-	Annotated Code of Maryland
60		-	(2021 Replacement Volume)
61		-
62		-	BY repealing and reenacting, with amendments,
63		-	Article – State Finance and Procurement
64		-	Section 6–226(a)(2)(ii)144. and 145.
65		-	Annotated Code of Maryland
66		-	(2021 Replacement Volume)
67		-
68		-	BY adding to
69		-	Article – State Finance and Procurement
70		-	Section 6–226(a)(2)(ii)146.
71		-	Annotated Code of Maryland
72		-	(2021 Replacement Volume)
73		-
74		-	BY adding to
75		-	Article – State Government
76		-	Section 8–403(43)
77		-	Annotated Code of Maryland
78		-	(2021 Replacement Volume)
79		-
80		-	BY repealing
81		-	Article – Environment
82		-	Section 9–217.2
83		-	Annotated Code of Maryland
84		-	(2014 Replacement Volume and 2021 Supplement)
85		-
86		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
87		-	That the Laws of Maryland read as follows: Section(s) 8–403(43) through 8–403(62),
88		-	respectively, of Article – State Government of the Annotated Code of Maryland be
89		-	renumbered to be Section(s) 8–403(44) through 8–403(63), respectively.
90		-
91		-	SECTION 2. AND BE IT FURTHER ENACTED , That the Laws of Maryland read
92		-	as follows:
93		-
94		-	Article – Environment
95		-
96		-	1–401. LAWRENCE J. HOGAN, JR., Governor Ch. 419
97		-
98		-	– 3 –
99		-
100		-	There is a Department of the Environment, established as a principal department of
101		-	the State government.
102		-
103		-	1–406.
104		-
105		-	The following units, among other units, are included in the Department:
106		-
107		-	(1) Air Quality Control Advisory Council;
108		-
109		-	(2) Hazardous Substances Advisory Council;
110		-
111		-	(3) Radiation Control Advisory Board;
112		-
113		-	(4) Science and Health Advisory Group;
114		-
115		-	(5) Board of Waterworks and Waste System Operators;
116		-
117		-	(6) Board of Well Drillers;
118		-
119		-	(7) Hazardous Waste Facilities Siting Board; [and]
120		-
121		-	(8) Marine Contractors Licensing Board; AND
122		-
123		-	(9) BOARD OF ON–SITE WASTEWATER PROFESSIONALS .
124		-
125		-	SUBTITLE 11A. ON–SITE WASTEWATER SERVICES.
126		-
127		-	PART I. DEFINITIONS; GENERAL PROVISIONS.
128		-
129		-	9–11A–01.
130		-
131		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
132		-	INDICATED.
133		-
134		-	(B) “BOARD” MEANS THE STATE BOARD OF ON–SITE WASTEWATER
135		-	PROFESSIONALS .
136		-
137		-	(C) “LICENSE” MEANS ANY CATEGORY O F PROFESSIONAL LICEN SE ISSUED
138		-	BY THE BOARD TO AN INDIVIDUA L TO PROVIDE ON–SITE WASTEWATER SERV ICES IN
139		-	THE STATE.
140		-
141		-	(D) (1) “ON–SITE WASTEWATER SERV ICES” MEANS ANY ACTIVITY
142		-	ASSOCIATED WITH THE DESIGN, INSTALLATION, OPERATION AND MAINTE NANCE, Ch. 419 2022 LAWS OF MARYLAND
143		-
144		-	– 4 –
145		-	PUMPING, REPAIR, OR PROPERTY TRANSFER INSPECTION OF AN ON –SITE
146		-	WASTEWATER SYSTEM .
147		-
148		-	(2) “ON–SITE WASTEWATER SERV ICES” DOES NOT INCLUDE ANY TYPE
149		-	OF ON–SITE WASTEWATER SYST EM INSPECTION OTHER THAN A PROPERTY
150		-	TRANSFER INSPECTION .
151		-
152		-	(E) (1) “ON–SITE WASTEWATER SYST EM” MEANS:
153		-
154		-	(I) A WASTEWATER SYSTEM DE SIGNED TO TREAT AND DISPOSE
155		-	OF EFFLUENT ON :
156		-
157		-	1. THE SAME PROPERTY THA T PRODUCES THE
158		-	WASTEWATER ; OR
159		-
160		-	2. AN EASEMENT; OR
161		-
162		-	(II) A HOLDING TANK .
163		-
164		-	(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION ,
165		-	“ON–SITE ON–SITE WASTEWATER SYSTEM ” INCLUDES A SEPTIC OR ANY OTHER
166		-	ON–SITE SEWAGE DISPOSAL SYSTEM.
167		-
168		-	(3) “ON–SITE WASTEWATER SYST EM” DOES NOT INCLUDE A
169		-	WASTEWATER TREATMENT SYSTEM THAT:
170		-
171		-	(I) REQUIRES A DISCHARGE PERMIT FROM THE DEPARTMENT ;
172		-	OR
173		-
174		-	(II) TREATS 5,000 OR MORE GALLONS PER DAY.
175		-
176		-	9–11A–02.
177		-
178		-	(A) THIS SUBTITLE DOES NOT AP PLY TO AN INDIVIDUAL EMPLOYED BY A
179		-	LOCAL, STATE, OR FEDERAL AGENCY WH ILE PERFORMING THE D UTIES OF THAT
180		-	EMPLOYMENT .
181		-
182		-	(B) NOTHING IN THIS SUBTI TLE PREVENTS OR PROH IBITS A LOCAL
183		-	GOVERNMENT FROM IMPO SING REQUIREMENTS , STANDARDS, OR FEES TH AT ARE
184		-	MORE STRINGENT THAN THE REQUIREMENTS , STANDARDS, OR FEES ESTABLISHED
185		-	IN THIS SUBTITLE.
186		-
187		-	9–11A–03. RESERVED.
188		-	LAWRENCE J. HOGAN, JR., Governor Ch. 419
189		-
190		-	– 5 –
191		-	9–11A–04. RESERVED.
192		-
193		-	PART II. STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS .
194		-
195		-	9–11A–05.
196		-
197		-	(A) THERE IS A STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS
198		-	IN THE DEPARTMENT .
199		-
200		-	(B) THE PURPOSE OF THE BOARD IS TO:
201		-
202		-	(1) REGULATE REGULATE INDIVIDUALS WHO PROV IDE ON–SITE
203		-	WASTEWATER SERVICES OR ENGAGE IN THE BUS INESS OF PROVIDING O N–SITE
204		-	WASTEWATER SERVICES IN THE STATE FOR THE PURPOSE OF SAFEGUARDING THE
205		-	LIFE, HEALTH, PROPERTY, ENVIRONMENT , AND PUBLIC WELFARE O F THE
206		-	RESIDENTS OF THE STATE; AND
207		-
208		-	(2) ESTABLISH, IN CONSULTATION WITH THE DEPARTMENT ,
209		-	MINIMUM STANDARDS FO R ON–SITE WASTEWATER SYST EMS THAT ARE NOT
210		-	REQUIRED TO BE PERMI TTED UNDER § 9–323 OF THIS TITLE , INCLUDING
211		-	STANDARDS FOR THE PR OCESSES, PROCEDURES , TECHNIQUES , AND MATERIALS
212		-	ASSOCIATED WITH THE PROPER DESIGN , ACCEPTABLE INSTALLAT ION, ADEQUATE
213		-	OPERATION AND MAINTE NANCE, INCLUDING PUMPING OR REPAIR, AND PROPERTY
214		-	TRANSFER INSPECTIO N OF AN ON–SITE WASTEWATER SYST EM.
215		-
216		-	(C) ANY FINAL ACTION OF T HE BOARD IS SUBJECT TO R EVIEW BY THE
217		-	SECRETARY OR THE SECRETARY’S DESIGNEE.
218		-
219		-	9–11A–06.
220		-
221		-	(A) (1) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS :
222		-
223		-	(I) AS A NONVOTING MEMBER OF THE BOARD, THE THE
224		-	SECRETARY, OR THE SECRETARY’S DESIGNEE;
225		-
226		-	(II) SIX INDIVIDUALS APPOI NTED BY THE GOVERNOR WITH THE
227		-	ADVICE OF THE SECRETARY AND WITH TH E ADVICE AND CONSENT OF THE SENATE;
228		-
229		-	(III) ONE INDIVIDUAL DESIGN ATED BY THE MARYLAND ONSITE
230		-	WASTEWATER PROFESSIONALS ASSOCIATION; AND
231		-
232		-	(IV) ONE REPRESENTATIVE OF THE MARYLAND CONFERENCE
233		-	OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS, DESIGNATED BY THE MARYLAND
234		-	CONFERENCE OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS. Ch. 419 2022 LAWS OF MARYLAND
235		-
236		-	– 6 –
237		-
238		-	(2) OF THE MEMBERS OF THE BOARD:
239		-
240		-	(I) AT LEAST SIX SHALL BE ON–SITE WASTEWATER
241		-	PROFESSIONALS ; AND
242		-
243		-	(II) TWO SHALL BE CONSUMER MEMBERS.
244		-
245		-	(3) (I) THE OF THE ON–SITE WASTEWATER PROF ESSIONAL
246		-	MEMBERS OF THE BOARD SHALL BE REPRESENTAT IVE OF ALL REGIONS O F THE
247		-	STATE:
248		-
249		-	1. AT LEAST ONE SHALL BE FROM THE AREA THAT
250		-	CONSISTS OF ALLEGANY COUNTY, FREDERICK COUNTY, GARRETT COUNTY, AND
251		-	WASHINGTON COUNTY;
252		-
253		-	2. AT LEAST ONE SHALL BE FROM THE AREA THAT
254		-	CONSISTS OF BALTIMORE CITY, BALTIMORE COUNTY, CARROLL COUNTY,
255		-	HARFORD COUNTY, HOWARD COUNTY, AND MONTGOMERY COUNTY;
256		-
257		-	3. AT LEAST ONE SHALL BE FROM THE AREA THAT
258		-	CONSISTS OF ANNE ARUNDEL COUNTY AND PRINCE GEORGE’S COUNTY;
259		-
260		-	4. AT LEAST ONE SHALL BE FROM THE AREA THAT
261		-	CONSISTS OF CAROLINE COUNTY, CECIL COUNTY, DORCHESTER COUNTY, KENT
262		-	COUNTY, QUEEN ANNE’S COUNTY, SOMERSET COUNTY, TALBOT COUNTY,
263		-	WICOMICO COUNTY, AND WORCESTER COUNTY; AND
264		-
265		-	5. AT LEAST ONE SHALL BE FROM THE AREA THAT
266		-	CONSISTS OF CALVERT COUNTY, CHARLES COUNTY, AND ST. MARY’S COUNTY.
267		-
268		-	(II) BEFORE JULY 1, 2026, THE ON–SITE WASTEWATER
269		-	PROFESSIONAL MEMBERS OF THE BOARD SHALL:
270		-
271		-	1. BE LICENSED BY A LOCA L GOVERNMENT ; OR
272		-
273		-	2. HOLD A LETTER FROM TH E LOCAL HEALTH
274		-	DEPARTMENT STATING T HAT THE MEMBER HAS B EEN PROVIDING ON –SITE
275		-	WASTEWATER SERVICES FOR A MINIMUM OF 7 YEARS AND IS IN GOOD STANDING.
276		-
277		-	(III) ON AND AFTER JULY 1, 2026, AND IN ACCORDANCE WI TH
278		-	THIS SUBTITLE , THE ON–SITE WASTEWATER PROF ESSIONAL MEMBERS OF THE
279		-	BOARD SHALL BE LICENS ED BY THE BOARD.
280		-	LAWRENCE J. HOGAN, JR., Governor Ch. 419
281		-
282		-	– 7 –
283		-	(4) EACH CONSUMER MEMBER OF THE BOARD:
284		-
285		-	(I) SHALL BE A MEMBER OF THE GENERAL PUBLIC ;
286		-
287		-	(II) MAY NOT BE A LICENSEE OR OTHERWISE BE SUBJ ECT TO
288		-	REGULATION BY THE BOARD;
289		-
290		-	(III) MAY NOT BE REQUIRED T O MEET THE QUALIFICA TIONS FOR
291		-	THE PROFESSIONAL MEM BERS OF THE BOARD; AND
292		-
293		-	(IV) MAY NOT, WITHIN 1 YEAR BEFORE APPOINTM ENT, HAVE
294		-	HAD A FINANCIAL INTEREST IN OR HAVE RECEIVED COMPENSATIO N FROM A PERSON
295		-	REGULATED BY THE BOARD.
296		-
297		-	(B) WHILE A MEMBER OF THE BOARD, A CONSUMER MEMBER MA Y NOT:
298		-
299		-	(1) HAVE A FINANCIAL INTE REST IN OR RECEIVE C OMPENSATION
300		-	FROM A PERSON REGULA TED BY THE BOARD; OR
301		-
302		-	(2) GRADE AN EXAMINATION GIVEN BY OR FOR THE BOARD.
303		-
304		-	(C) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE
305		-	THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION.
306		-
307		-	(D) (1) THE TERM OF A VOTING MEMBER IS 3 YEARS.
308		-
309		-	(2) A VOTING MEMBER MAY SE RVE TWO TERMS CONSECUT IVELY.
310		-
311		-	(3) THE TERMS OF VOTING M EMBERS ARE STAGGERED AS REQUIRED
312		-	BY THE TERMS PROVIDE D FOR MEMBERS OF THE BOARD ON JULY 1, 2022.
313		-
314		-	(4) AT THE END OF A TERM , A VOTING MEMBER CONT INUES TO SERVE
315		-	UNTIL A SUCCESSOR IS APPOINTED AND QUALI FIES.
316		-
317		-	(5) A VOTING MEMBER WHO IS APPOINTED AFTER A TE RM HAS BEGUN
318		-	SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED
319		-	AND QUALIFIES.
320		-
321		-	(E) THE GOVERNOR MAY REMOVE A VOTING MEMBER FOR IN COMPETENCE ,
322		-	MISCONDUCT , OR ON RECOMMENDATION OF A MAJORITY OF THE BOARD.
323		-
324		-	9–11A–07.
325		-	Ch. 419 2022 LAWS OF MARYLAND
326		-
327		-	– 8 –
328		-	(A) THE MEMBERS OF THE BOARD SHALL DESIGNATE A CHAIR, A VICE
329		-	CHAIR, AND A SECRETARY .
330		-
331		-	(B) THE BOARD SHALL DETERMINE THE MEANS OF THE ELE CTION OF
332		-	OFFICERS.
333		-
334		-	9–11A–08.
335		-
336		-	(A) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE BOARD IS A
337		-	QUORUM.
338		-
339		-	(B) THE BOARD SHALL DETERMINE THE TIMES AND PLACES OF ITS
340		-	MEETINGS.
341		-
342		-	(C) EACH MEMBER OF THE BOARD IS ENTITLED TO REIMBURSEMENT FOR
343		-	EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN
344		-	THE STATE BUDGET .
345		-
346		-	(D) THE BOARD MAY EMPLOY A STAFF I N ACCORDANCE WITH TH E STATE
347		-	BUDGET.
348		-
349		-	9–11A–09.
350		-
351		-	THE BOARD, IN CONSULTATION WITH THE DEPARTMENT , SHALL:
352		-
353		-	(1) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON THE
354		-	ADOPTION OF REGULATI ONS TO CARRY OUT THE PROVISIONS OF THIS S UBTITLE,
355		-	INCLUDING:
356		-
357		-	(I) LICENSING PROCEDURES , DEFINITIONS, QUALIFICATIONS ,
358		-	AND CONTINUING EDUCA TION REQUIREMENTS FO R THE FOLLOWING CATE GORIES:
359		-
360		-	1. DESIGNER;
361		-
362		-	2. MASTER INSTALLER AND JOURNEY INSTALLER ;
363		-
364		-	3. MASTER ON –SITE WASTEWATER PROP ERTY
365		-	TRANSFER INSPECTOR A ND JOURNEY ON –SITE WASTEWATER PROP ERTY TRANSFER
366		-	INSPECTOR;
367		-
368		-	4. MASTER PUMPER AND JOU RNEY PUMPER ; AND
369		-
370		-	5. MASTER OPERATION AND MAINTENANCE PROVIDER
371		-	AND JOURNEY OPERATIO N AND MAINTENANCE PR OVIDER; LAWRENCE J. HOGAN, JR., Governor Ch. 419
372		-
373		-	– 9 –
374		-
375		-	(II) CERTIFICATION PROCEDU RES, DEFINITIONS,
376		-	QUALIFICATIONS , AND CONTINUING EDUCA TION REQUIREMENTS FO R THE
377		-	FOLLOWING CATEGORIES :
378		-
379		-	1. DESIGNER;
380		-
381		-	2. ADVANCED TREATMENT IN STALLER;
382		-
383		-	3. MOUND INSTALLER ;
384		-
385		-	4. DRIP DISPERSAL INSTAL LER;
386		-
387		-	5. PUMP DISPERSAL SYSTEM INSTALLER;
388		-
389		-	6. ADVANCED TREATMENT OP ERATION AND
390		-	MAINTENANCE PROVIDER ;
391		-
392		-	7. ADVANCED TREATMENT UN IT PUMPER;
393		-
394		-	8. ADVANCED TREATMENT PR OPERTY TRANSFER
395		-	INSPECTOR; AND
396		-
397		-	9. ANY OTHER CATEGORY AS SOCIATED WITH A SPECIFIC
398		-	ON–SITE WASTEWATER TREA TMENT TECHNOLOGY ; AND
399		-
400		-	(III) MINIMUM STANDARDS FOR ANY PROCESSES , PROCEDURES ,
401		-	TECHNIQUES , AND MATERIALS ASSOCI ATED WITH THE PROPER DESIGN ,
402		-	ACCEPTABLE INSTALLAT ION, ADEQUATE OPERATION A ND MAINTENANCE ,
403		-	INCLUDING PUMPING OR REPAIR, AND PROPERTY TRANSFE R INSPECTION OF AN
404		-	ON–SITE WASTEWATER SYST EM THAT IS NOT REQUI RED TO BE PERMITTED UNDER §
405		-	9–323 OF THIS TITLE ON–SITE WASTEWATER SYST EMS;
406		-
407		-	(2) REVIEW REGULATIONS PR OPOSED BY THE DEPARTMENT TO
408		-	CARRY OUT THE PROVIS IONS OF THIS SUBTITLE;
409		-
410		-	(3) ESTABLISH A CODE OF E THICS PROVIDED BY TH E DEPARTMENT
411		-	FOR:
412		-
413		-	(I) MEMBERS OF THE BOARD; AND
414		-
415		-	(II) INDIVIDUALS LICENSED AND CERTIFIED BY THE BOARD;
416		-	Ch. 419 2022 LAWS OF MARYLAND
417		-
418		-	– 10 –
419		-	(4) ON OR BEFORE JUNE 1, 2024, MAKE RECOMMENDATIONS TO THE
420		-	DEPARTMENT FOR ESTABL ISHING THE LICENSING AND CERTIFICATION
421		-	PROCEDURES SPECIFIED UNDER ITEM (1) OF THIS SECTION;
422		-
423		-	(5) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER
424		-	THIS SUBTITLE; AND
425		-
426		-	(6) KEEP A CURRENT RECORD OF ALL INDIVIDUALS A ND ENTITIES
427		-	LICENSED UNDER THIS SUBTITLE.
428		-
429		-	9–11A–10.
430		-
431		-	(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL
432		-	SET BY REGULATION RE ASONABLE FEES FOR TH E ISSUANCE AND RENEW AL OF
433		-	LICENSES AND OTHER S ERVICES THAT THE BOARD PROVIDES .
434		-
435		-	(2) THE FEES SHALL BE SET TO PRODUCE FUNDS TO APPROXIMATE
436		-	THE COSTS OF MAINTAINING THE BOARD THE BOARD’S CREATION, MAINTENANCE ,
437		-	REASONABLE ADMINISTR ATIVE COSTS, AND ONGOING ACTIVITI ES.
438		-
439		-	(B) THE BOARD SHALL PUBLISH A SCHEDULE OF THE FEES .
440		-
441		-	(C) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS SUBTITLE
442		-	INTO THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLISHED UNDE R §
443		-	9–11A–11 OF THIS SUBTITLE.
444		-
445		-	9–11A–11.
446		-
447		-	(A) IN THIS SECTION , “FUND” MEANS THE ON–SITE WASTEWATER
448		-	PROFESSIONALS FUND.
449		-
450		-	(B) THERE IS AN ON–SITE WASTEWATER PROFESSIONALS FUND.
451		-
452		-	(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO MAINTAIN TH E
453		-	BOARD.
454		-
455		-	(D) THE BOARD SHALL ADMINISTE R THE FUND.
456		-
457		-	(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
458		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
459		-
460		-	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
461		-	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
462		-	LAWRENCE J. HOGAN, JR., Governor Ch. 419
463		-
464		-	– 11 –
465		-	(F) THE FUND CONSISTS OF :
466		-
467		-	(1) ALL FEES, PENALTIES, AND FINES COLLECTED UNDER THIS
468		-	SUBTITLE;
469		-
470		-	(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
471		-
472		-	(3) INTEREST EARNINGS OF THE FUND;
473		-
474		-	(4) DONATIONS TO THE FUND; AND
475		-
476		-	(5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
477		-	THE BENEFIT OF THE FUND.
478		-
479		-	(G) THE FUND SHALL BE USED ON LY TO MAINTAIN THE BOARD PAY FOR
480		-	THE COST OF CREATING THE BOARD, MAINTENANCE OF THE BOARD, REASONABLE
481		-	ADMINISTRATIVE COSTS , AND IMPLEMENT THE PR OVISIONS OF THIS SUB TITLE.
482		-
483		-	(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
484		-	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
485		-
486		-	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
487		-	THE FUND.
488		-
489		-	(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
490		-	WITH THE STATE BUDGET .
491		-
492		-	(J) MONEY EXPENDED FROM T HE FUND TO MAINTAIN THE BOARD OR
493		-	IMPLEMENT THE PROVIS IONS OF THIS SUBTITL E IS SUPPLEMENTAL TO AND IS NOT
494		-	INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE
495		-	APPROPRIATED FOR THE BOARD.
496		-
497		-	9–11A–12.
498		-
499		-	ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL PREPARE A ND
500		-	SUBMIT AN ANNUAL REP ORT TO THE SECRETARY ON :
501		-
502		-	(1) THE STATUS OF THE ON–SITE WASTEWATER PROFESSIONALS
503		-	FUND;
504		-
505		-	(2) REVENUES AND EXPENDIT URES FROM THE ON–SITE
506		-	WASTEWATER PROFESSIONALS FUND;
507		-	Ch. 419 2022 LAWS OF MARYLAND
508		-
509		-	– 12 –
510		-	(3) THE EFFICIENCY OF THE REGULATIONS ADOPTED BY THE
511		-	DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE;
512		-
513		-	(4) COMPLIANCE WITH THE R EGULATIONS ADOPTED BY T HE
514		-	DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE; AND
515		-
516		-	(5) BASED ON THE FACTORS SPECIFIED IN ITEMS (1) THROUGH (4) OF
517		-	THIS SECTION, THE NECESSITY TO REV IEW AND ADJUST THE F EES SET BY THE
518		-	DEPARTMENT BY REGULAT ION.
519		-
520		-	9–11A–13. RESERVED.
521		-
522		-	9–11A–14. RESERVED.
523		-
524		-	PART III. LICENSING.
525		-
526		-	9–11A–15.
527		-
528		-	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
529		-	AN INDIVIDUAL SHALL BE LICENSED BY THE BOARD IN ACCORDANCE W ITH THIS
530		-	SUBTITLE BEFORE THE INDIVIDUAL MAY PROVI DE ON–SITE WASTEWATER SERVICES
531		-	IN THE STATE.
532		-
533		-	(2) (I) AN INDIVIDUAL WHO , AS OF JANUARY 1, 2022, HOLDS A
534		-	LICENSE, REGISTRATION , OR CERTIFICATION TO PROVIDE PROVIDES ON–SITE
535		-	WASTEWATER SERVICES IN THE STATE MAY CONTINUE TO PROVIDE ON –SITE
536		-	WASTEWATER SERVICES UNTIL THE LICENSING REQUIR EMENTS ARE ESTABLISH ED
537		-	BY THE DEPARTMENT BY REGULAT ION IF THE INDIVIDUA L:
538		-
539		-	1. COMPLIES WITH ALL APP LICABLE STATE AND LOCAL
540		-	LAWS AND REGULATIONS ;
541		-
542		-	2. ON OR BEFORE DECEMBER 31, 2022, PAYS TO THE
543		-	DEPARTMENT A FEE OF $150; AND
544		-
545		-	2. 3. EVERY 2 YEARS THEREAFTER UNT IL THE
546		-	DEPARTMENT SETS FEES IN ACCORDANCE WITH § 9–11A–10 OF THIS SUBTITLE ,
547		-	PAYS TO THE DEPARTMENT A RENEWAL FEE OF $150.
548		-
549		-	(II) IF A LOCAL GOVERNMENT DOES NOT ISSUE LICEN SES,
550		-	REGISTRATIONS , OR CERTIFICATIONS TO INDIVIDUALS TO PROVI DE ON–SITE
551		-	WASTEWATER SERVICES , AN INDIVIDUAL MAY RE QUEST A LETTER OF GO OD
552		-	STANDING FROM THE LO CAL HEALTH DEPARTMEN T TO CONTINUE TO PRO VIDE LAWRENCE J. HOGAN, JR., Governor Ch. 419
553		-
554		-	– 13 –
555		-	ON–SITE WASTEWATER SERV ICES IN ACCORDANCE W ITH SUBPARAGRAPH (I) OF
556		-	THIS PARAGRAPH .
557		-
558		-	(III) THE DEPARTMENT SHALL PAY ALL FEES COLLECTED
559		-	UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION I NTO THE ON–SITE WASTEWATER
560		-	PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS SUBTITLE ALL
561		-	FEES COLLECTED BY TH E DEPARTMENT UNDER THIS PARAGRAPH SHALL BE U SED
562		-	BY THE DEPARTMENT TO :
563		-
564		-	1. PAY FOR THE CREATION OF THE BOARD;
565		-
566		-	2. COVER REASONABLE ADMI NISTRATIVE COSTS ; AND
567		-
568		-	3. IMPLEMENT THE PROVISI ONS OF THIS SUBTITLE .
569		-
570		-	(B) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE
571		-	REQUIREMENTS ESTABLI SHED BY THE DEPARTMENT BY REGULAT ION.
572		-
573		-	(C) TO APPLY FOR A LICENS E, AN APPLICANT SHALL :
574		-
575		-	(1) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM THAT THE
576		-	BOARD PROVIDES ; AND
577		-
578		-	(2) PAY TO THE BOARD THE REQUIRED AP PLICATION FEE SET BY THE
579		-	DEPARTMENT BY REGULAT ION.
580		-
581		-	(D) A BUSINESS PROVIDING O N–SITE WASTEWATER SERV ICES OR
582		-	CONTRACTING TO PROVI DE ON–SITE WASTEWATER SERV ICES THAT ARE
583		-	REGULATED BY THE BOARD MUST HAVE AN EM PLOYEE OR OWNER LICE NSED BY THE
584		-	BOARD.
585		-
586		-	(E) A LICENSE ISSUED BY TH E BOARD IN ACCORDANCE W ITH THIS
587		-	SUBTITLE IS VALID FOR 2 YEARS.
588		-
589		-	(F) (E) IN ACCORDANCE WITH TH E REQUIREMENTS ESTAB LISHED BY THE
590		-	DEPARTMENT BY REGULAT ION, THE BOARD MAY ISSUE A CER TIFICATION TO AN
591		-	INDIVIDUAL TO PERFOR M SPECIFIC TASKS ASS OCIATED WITH ON –SITE
592		-	WASTEWATER SERVICES IF THE INDIVIDUAL:
593		-
594		-	(1) IS LICENSED BY THE BOARD; OR
595		-
596		-	(2) HOLDS A PROFESSIONAL LICENSE THAT IS APPR OVED BY THE
597		-	BOARD.
598		-	Ch. 419 2022 LAWS OF MARYLAND
599		-
600		-	– 14 –
601		-	9–11A–16.
602		-
603		-	SUBJECT TO THE HEARIN G REQUIREMENTS IN § 9–11A–17 OF THIS SUBTITLE,
604		-	THE BOARD MAY DENY A LICE NSE TO ANY APPLICANT , REPRIMAND ANY LICENS EE,
605		-	OR SUSPEND OR REVOKE A LICENSE IF THE APP LICANT OR LICENSEE :
606		-
607		-	(1) VIOLATES ANY PROVISIO N OF THIS SUBTITLE O R ANY
608		-	REGULATION ADOPTED U NDER THIS SUBTITLE ;
609		-
610		-	(2) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO
611		-	OBTAIN A LICENSE FOR THE APPLICANT OR LIC ENSEE OR FOR ANOTHER ;
612		-
613		-	(3) FRAUDULENTLY OR DECEP TIVELY USES A LICENS E; OR
614		-
615		-	(4) COMMITS ANY IS FOUND GUILTY OF GROSS NEGLIGENCE ,
616		-	INCOMPETENCE , OR MISCONDUCT WHILE PROVIDING ON –SITE WASTEWATER
617		-	SERVICES.
618		-
619		-	9–11A–17.
620		-
621		-	(A) EXCEPT AS OTHERWISE P ROVIDED IN TITLE 10, SUBTITLE 2 OF THE
622		-	STATE GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES ANY FINAL ACTION
623		-	UNDER § 9–11A–16 OF THIS SUBTITLE IT SHALL GIVE THE INDIV IDUAL AGAINST
624		-	WHOM THE ACTION IS C ONTEMPLATED AN OPPOR TUNITY FOR A HEARING BEFORE
625		-	THE BOARD.
626		-
627		-	(B) THE BOARD SHALL GIVE NOTIC E AND HOLD THE HEARI NG IN
628		-	ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.
629		-
630		-	(C) THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH ANY
631		-	PROCEEDING UNDER THI S SECTION.
632		-
633		-	(D) IF, AFTER DUE NOTICE , THE APPLICANT OR LIC ENSEE AGAINST WHOM
634		-	THE ACTION IS CONTEM PLATED FAILS OR REFU SES TO APPEAR , THE BOARD MAY
635		-	HEAR AND DETERMINE T HE MATTER.
636		-
637		-	(E) ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE BOARD IN A
638		-	CONTESTED CASE , AS DEFINED IN § 10–202 OF THE STATE GOVERNMENT ARTICLE,
639		-	MAY TAKE AN APPEAL A S ALLOWED IN §§ 10–222 AND 10–223 OF THE STATE
640		-	GOVERNMENT ARTICLE.
641		-
642		-	9–11A–18. RESERVED.
643		-	LAWRENCE J. HOGAN, JR., Governor Ch. 419
644		-
645		-	– 15 –
646		-	9–11A–19. RESERVED.
647		-
648		-	PART IV. PROHIBITED ACTS; PENALTIES.
649		-
650		-	9–11A–20.
651		-
652		-	(A) EXCEPT AS PROVIDED IN § 9–11A–15(A) OF THIS SUBTITLE , AN
653		-	INDIVIDUAL MAY NOT PROVIDE , ATTEMPT TO PROVIDE , OR OFFER TO PROVIDE
654		-	ON–SITE WASTEWATER SERV ICES UNLESS THE INDI VIDUAL IS LICENSED B Y THE
655		-	BOARD.
656		-
657		-	(B) A LICENSE MAY NOT BE B ORROWED, RENTED, OR TRANSFERRED TO
658		-	ANOTHER INDIVIDUAL .
659		-
660		-	9–11A–21.
661		-
662		-	(A) A PERSON WHO VIOLATES ANY PROVISION OF THIS SU BTITLE OR OF ANY
663		-	REGULATION ADOPTED U NDER THIS SUBTITLE I S GUILTY OF A MISDEM EANOR AND
664		-	ON CONVICTION IS SUB JECT:
665		-
666		-	(1) TO A FINE NOT EXCEEDI NG $500 OR IMPRISONMENT NOT
667		-	EXCEEDING 3 MONTHS, OR BOTH; OR
668		-
669		-	(2) TO A FINE NOT EXCEEDI NG $1,000 OR IMPRISONMENT NOT
670		-	EXCEEDING 1 YEAR, OR BOTH, FOR ANY SUBSEQUENT V IOLATION OF THIS TIT LE
671		-	THAT OCCURS WITHIN 2 YEARS OF AN EARLIER VIOLATION OF THIS TI TLE.
672		-
673		-	(B) EACH DAY THAT A PERSO N PROVIDES ON–SITE WASTEWATER SERV ICES
674		-	WITHOUT A LICENSE CO NSTITUTES A SEPARATE OFFENSE .
675		-
676		-	9–11A–22.
677		-
678		-	(A) INSTEAD OF OR IN ADDI TION TO ANY OTHER PE NALTIES UNDER THIS
679		-	TITLE, THE BOARD MAY IMPOSE A CI VIL PENALTY ON A PER SON WHO VIOLATES §
680		-	9–11A–20 OF THIS SUBTITLE IN AN AMOUNT NOT EXCEED ING $1,000 PER DAY FOR
681		-	ALL VIOLATIONS CITED ON A SINGLE DA Y.
682		-
683		-	(B) IN SETTING THE AMOUNT OF THE CIVIL PENALTY , THE BOARD SHALL
684		-	CONSIDER:
685		-
686		-	(1) THE SERIOUSNESS OF TH E VIOLATION;
687		-
688		-	(2) THE HARM CAUSED BY TH E VIOLATION;
689		-	Ch. 419 2022 LAWS OF MARYLAND
690		-
691		-	– 16 –
692		-	(3) THE GOOD FAITH OF THE VIOLATOR;
693		-
694		-	(4) HISTORY OF PREVIOUS V IOLATIONS BY THE VIOLATOR ; AND
695		-
696		-	(5) OTHER RELEVANT FACTOR S.
697		-
698		-	(C) IF A VIOLATOR FAILS T O PAY A CIVIL PENALT Y WITHIN 30 DAYS OF ITS
699		-	IMPOSITION BY THE BOARD, THE MATTERS SHALL BE FORWARDED TO THE CENTRAL
700		-	COLLECTION UNIT IN THE DEPARTMENT OF BUDGET AND MANAGEMENT F OR THE
701		-	COLLECTION OF THE CI VIL PENALTY.
702		-
703		-	(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS
704		-	SECTION INTO THE ON–SITE WASTEWATER PROFESSIONALS FUND UNDER §
705		-	9–11A–11 OF THIS SUBTITLE.
706		-
707		-	9–11A–23.
708		-
709		-	(A) INSTEAD OF OR IN ADDI TION TO ANY OTHER PE NALTIES AUTHORIZED
710		-	UNDER THIS TITLE , THE BOARD MAY IMPOSE AN A DMINISTRATIVE PENALT Y ON A
711		-	PERSON WHO VIOLATES THIS SUBTITLE IN AN AMOUNT NOT EXCEEDING $1,000 PER
712		-	DAY FOR ALL VIOLATIO NS CITED ON A SINGLE DAY.
713		-
714		-	(B) IN SETTING THE AMOUNT OF THE ADMINISTRATIV E PENALTY, THE
715		-	BOARD SHALL CONSIDER :
716		-
717		-	(1) THE SERIOUSNESS OF TH E VIOLATION;
718		-
719		-	(2) THE HARM CAUSED BY TH E VIOLATION;
720		-
721		-	(3) THE GOOD FAITH OF THE VIOLATOR;
722		-
723		-	(4) ANY HISTORY OF PREVIO US VIOLATIONS BY THE VIOLATOR; AND
724		-
725		-	(5) ANY OTHER RELEVANT FA CTORS.
726		-
727		-	(C) IF A VIOLATOR FAILS T O PAY AN ADMINISTRAT IVE PENALTY WITHIN 90
728		-	DAYS AFTER THE IMPOS ITION OF THE ADMINIS TRATIVE PENALTY BY T HE BOARD,
729		-	THE MATTER SHALL BE FORWARDED TO THE CENTRAL COLLECTION UNIT IN THE
730		-	DEPARTMENT OF BUDGET AND MANAGEMENT FOR THE CO LLECTION OF THE
731		-	ADMINISTRATIVE PENAL TY.
732		-
733		-	(D) ANY PENALTIES COLLECT ED UNDER THIS SECTIO N SHALL BE PAID INTO
734		-	THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLISHED UNDE R §
735		-	9–11A–11 OF THIS SUBTITLE. LAWRENCE J. HOGAN, JR., Governor Ch. 419
736		-
737		-	– 17 –
738		-
739		-	Article – State Finance and Procurement
740		-
741		-	6–226.
742		-
743		-	(a) (2) (i) Notwithstanding any other provision of law, and unless
744		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the
745		-	terms of a gift or settlement agreement, net interest on all State money allocated by the
746		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to
747		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
748		-	Fund of the State.
749		-
750		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply
751		-	to the following funds:
752		-
753		-	144. the Health Equity Resource Community Reserve Fund;
754		-	[and]
755		-
756		-	145. the Access to Counsel in Evictions Special Fund; AND
757		-
758		-	146. THE ON–SITE WASTEWATER PROFESSIONALS FUND.
759		-
760		-	Article – State Government
761		-
762		-	8–403.
763		-
764		-	This subtitle applies only to the following governmental activities and units:
765		-
766		-	(43) ON–SITE WASTEWATER PROFESSIONALS , STATE BOARD OF (§
767		-	9–11A–05 OF THE ENVIRONMENT ARTICLE);
768		-
769		-	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
770		-	as follows:
771		-
772		-	Article – Environment
773		-
774		-	[9–217.2.
775		-
776		-	(a) In this section, “license holder” means an individual who holds a valid on–site
777		-	wastewater property transfer inspection license issued by the Department under this
778		-	section.
779		-
780		-	(b) This section does not apply to an individual who inspects an on–site sewage
781		-	disposal system as a part of the individual’s duties as an employee of the federal
782		-	government, the State, or any local government of the State.
783		-	Ch. 419 2022 LAWS OF MARYLAND
784		-
785		-	– 18 –
786		-	(c) On or after July 1, 2022, an individual may not engage in the business of
787		-	inspecting an on–site sewage disposal system unless the individual holds a valid on–site
788		-	wastewater property transfer inspection license issued by the Department.
789		-
790		-	(d) (1) On or before January 1, 2022, the Department shall adopt regulations
791		-	establishing eligibility criteria, minimum training standards for on–site wastewater
792		-	property transfer inspection licenses, the frequency with which licenses must be renewed,
793		-	and the fees for license applications and renewals.
794		-
795		-	(2) The regulations adopted under this subsection shall require that:
796		-
797		-	(i) The training include instruction on determining whether an
798		-	on–site sewage disposal system is:
799		-
800		-	1. In need of replacement or repair; and
801		-
802		-	2. Not in compliance with statutory or regulatory
803		-	requirements; and
804		-
805		-	(ii) Each inspection performed by a license holder follows the
806		-	inspection format provided by the Department.
807		-
808		-	(e) An applicant for a license under this section shall:
809		-
810		-	(1) Submit an application to the Department on the form the Department
811		-	provides; and
812		-
813		-	(2) Pay an application fee set by the Department.
814		-
815		-	(f) (1) An individual who violates a provision of this section or any regulation
816		-	adopted under this section is subject to an administrative penalty not exceeding $10,000.
817		-
818		-	(2) Each on–site sewage disposal system that an individual knowingly
819		-	inspects without a valid on–site wastewater property transfer inspection license constitutes
820		-	a separate violation of this section.
821		-
822		-	(3) Any administrative penalty collected by the Department under this
823		-	subsection shall be paid into the separate account within the Bay Restoration Fund
824		-	established under § 9–1605.2(h) of this title.
825		-
826		-	(g) A local government may establish additional requirements for inspections of
827		-	on–site sewage disposal systems.]
828		-
829		-	SECTION 2. 4. AND BE IT FURTHER ENACTED, That the State Board of On –Site
830		-	Wastewater Professionals shall be fully operational on or before June 1, 2023.
831		-	LAWRENCE J. HOGAN, JR., Governor Ch. 419
832		-
833		-	– 19 –
834		-	SECTION 3. 5. AND BE IT FURTHER ENACTED, That the terms of the initial
835		-	members of the State Board of On–Site Wastewater Professionals shall expire as follows:
836		-
837		-	(1) three members in 2025;
838		-
839		-	(2) three members in 2026; and
840		-
841		-	(3) three members in 2027.
842		-
843		-	SECTION 4. 6. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025,
844		-	the Department of the Environment, in consultation with the State Board of On–Site
845		-	Wastewater Professionals, shall adopt regulations to implement Section 1 2 of this Act.
846		-
847		-	SECTION 5. 7. AND BE IT FURTHER ENACTED, That, on or before July 1, 2026,
848		-	all individuals who provide on–site wastewater services in the State shall be licensed by
849		-	the State Board of On–Site Wastewater Professionals.
850		-
851		-	SECTION 8. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take
852		-	effect June 30, 2025.
853		-
854		-	SECTION 6. 9. AND BE IT FURTHER ENACTED, That , except as provided in
855		-	Section 8 of this Act, this Act shall take effect July 1, 2022.
856	1
857	2
858		-	Approved by the Governor, May 16, 2022.
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[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.
	8	+	hb0318
	9	+
	10	+	HOUSE BILL 318
	11	+	M3, C2 2lr1540
	12	+	HB 302/21 – ENT CF SB 479
	13	+	By: Delegate Stein
	14	+	Introduced and read first time: January 19, 2022
	15	+	Assigned to: Environment and Transportation
	16	+	Committee Report: Favorable with amendments
	17	+	House action: Adopted
	18	+	Read second time: March 8, 2022
	19	+
	20	+	CHAPTER ______
	21	+
	22	+	AN ACT concerning 1
	23	+
	24	+	Environment – On–Site Wastewater Services – Regulation 2
	25	+
	26	+	FOR the purpose of establishing the State Board of On–Site Wastewater Professionals in 3
	27	+	the Department of the Environment; establishing the On –Site Wastewater 4
	28	+	Professionals Fund as a special, nonlapsing fund; requiring interest earnings of the 5
	29	+	Fund to be credited to the Fund; requiring the Board to submit a certain annual 6
	30	+	report to the Secretary of the Environment; requiring, subject to a certain exception, 7
	31	+	a certain individual to be licensed by the Board before providing certain on–site 8
	32	+	wastewater services in the State; authorizing a certain individual to continue to 9
	33	+	provide certain services until certain license requirements are established if the 10
	34	+	individual pays a certain fee to the Department; specifying that this Act does not 11
	35	+	prevent or prohibit a local government from imposing certain requirements or 12
	36	+	standards; providing that the Board is subject to the Maryland Program Evaluation 13
	37	+	Act; repealing provisions of law establishing and requiring an on–site wastewater 14
	38	+	property transfer inspection license under certain circumstances; and generally 15
	39	+	relating to the establishment of the State Board of On –Site Wastewater 16
	40	+	Professionals and the regulation of individuals providing on–site wastewater 17
	41	+	services in the State. 18
	42	+
	43	+	BY renumbering 19
	44	+	Article – State Government 20
	45	+	Section 8–403(43) through 8–403(62), respectively 21
	46	+	to be Section 8–403(44) through 8–403(63), respectively 22
	47	+	Annotated Code of Maryland 23
	48	+	(2021 Replacement Volume) 24 2 HOUSE BILL 318
	49	+
	50	+
	51	+
	52	+	BY repealing and reenacting, without amendments, 1
	53	+	Article – Environment 2
	54	+	Section 1–401 3
	55	+	Annotated Code of Maryland 4
	56	+	(2013 Replacement Volume and 2021 Supplement) 5
	57	+
	58	+	BY repealing and reenacting, with amendments, 6
	59	+	Article – Environment 7
	60	+	Section 1–406 8
	61	+	Annotated Code of Maryland 9
	62	+	(2013 Replacement Volume and 2021 Supplement) 10
	63	+
	64	+	BY adding to 11
	65	+	Article – Environment 12
	66	+	Section 9–11A–01 through 9–11A–21 9–11A–23 to be under the new subtitle 13
	67	+	“Subtitle 11A. On–Site Wastewater Services” 14
	68	+	Annotated Code of Maryland 15
	69	+	(2014 Replacement Volume and 2021 Supplement) 16
	70	+
	71	+	BY repealing and reenacting, without amendments, 17
	72	+	Article – State Finance and Procurement 18
	73	+	Section 6–226(a)(2)(i) 19
	74	+	Annotated Code of Maryland 20
	75	+	(2021 Replacement Volume) 21
	76	+
	77	+	BY repealing and reenacting, with amendments, 22
	78	+	Article – State Finance and Procurement 23
	79	+	Section 6–226(a)(2)(ii)144. and 145. 24
	80	+	Annotated Code of Maryland 25
	81	+	(2021 Replacement Volume) 26
	82	+
	83	+	BY adding to 27
	84	+	Article – State Finance and Procurement 28
	85	+	Section 6–226(a)(2)(ii)146. 29
	86	+	Annotated Code of Maryland 30
	87	+	(2021 Replacement Volume) 31
	88	+
	89	+	BY adding to 32
	90	+	Article – State Government 33
	91	+	Section 8–403(43) 34
	92	+	Annotated Code of Maryland 35
	93	+	(2021 Replacement Volume) 36
	94	+
	95	+	BY repealing 37
	96	+	Article – Environment 38
	97	+	Section 9–217.2 39 HOUSE BILL 318 3
	98	+
	99	+
	100	+	Annotated Code of Maryland 1
	101	+	(2014 Replacement Volume and 2021 Supplement) 2
	102	+
	103	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
	104	+	That the Laws of Maryland read as follows: Section(s) 8–403(43) through 8–403(62), 4
	105	+	respectively, of Article – State Government of the Annotated Code of Maryland be 5
	106	+	renumbered to be Section(s) 8–403(44) through 8–403(63), respectively. 6
	107	+
	108	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
	109	+	as follows: 8
	110	+
	111	+	Article – Environment 9
	112	+
	113	+	1–401. 10
	114	+
	115	+	There is a Department of the Environment, established as a principal department of 11
	116	+	the State government. 12
	117	+
	118	+	1–406. 13
	119	+
	120	+	The following units, among other units, are included in the Department: 14
	121	+
	122	+	(1) Air Quality Control Advisory Council; 15
	123	+
	124	+	(2) Hazardous Substances Advisory Council; 16
	125	+
	126	+	(3) Radiation Control Advisory Board; 17
	127	+
	128	+	(4) Science and Health Advisory Group; 18
	129	+
	130	+	(5) Board of Waterworks and Waste System Operators; 19
	131	+
	132	+	(6) Board of Well Drillers; 20
	133	+
	134	+	(7) Hazardous Waste Facilities Siting Board; [and] 21
	135	+
	136	+	(8) Marine Contractors Licensing Board; AND 22
	137	+
	138	+	(9) BOARD OF ON–SITE WASTEWATER PROFESSIONALS . 23
	139	+
	140	+	SUBTITLE 11A. ON–SITE WASTEWATER SERVICES. 24
	141	+
	142	+	PART I. DEFINITIONS; GENERAL PROVISIONS. 25
	143	+
	144	+	9–11A–01. 26
	145	+	4 HOUSE BILL 318
	146	+
	147	+
	148	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
	149	+	INDICATED. 2
	150	+
	151	+	(B) “BOARD” MEANS THE STATE BOARD OF ON–SITE WASTEWATER 3
	152	+	PROFESSIONALS . 4
	153	+
	154	+	(C) “LICENSE” MEANS ANY CATEGORY O F PROFESSIONAL LICEN SE ISSUED 5
	155	+	BY THE BOARD TO AN INDIVIDUA L TO PROVIDE ON–SITE WASTEWATER SERV ICES IN 6
	156	+	THE STATE. 7
	157	+
	158	+	(D) (1) “ON–SITE WASTEWATER SERV ICES” MEANS ANY ACTIVITY 8
	159	+	ASSOCIATED WITH THE DESIGN, INSTALLATION, OPERATION AND MAINTE NANCE, 9
	160	+	PUMPING, REPAIR, OR PROPERTY TRANSFER INSPECTION OF AN ON –SITE 10
	161	+	WASTEWATER SYSTEM . 11
	162	+
	163	+	(2) “ON–SITE WASTEWATER SERV ICES” DOES NOT INCLUDE ANY TYPE 12
	164	+	OF ON–SITE WASTEWATER SYST EM INSPECTION OTHER THAN A PROPERTY 13
	165	+	TRANSFER INSPECTION . 14
	166	+
	167	+	(E) (1) “ON–SITE WASTEWATER SYST EM” MEANS: 15
	168	+
	169	+	(I) A WASTEWATER SYSTEM DE SIGNED TO TREAT AND DISPOSE 16
	170	+	OF EFFLUENT ON : 17
	171	+
	172	+	1. THE SAME PROPERTY THA T PRODUCES THE 18
	173	+	WASTEWATER ; OR 19
	174	+
	175	+	2. AN EASEMENT; OR 20
	176	+
	177	+	(II) A HOLDING TANK . 21
	178	+
	179	+	(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 22
	180	+	“ON–SITE ON–SITE WASTEWATER SYSTEM ” INCLUDES A SEPTIC OR ANY OTHER 23
	181	+	ON–SITE SEWAGE DISPOSAL SYSTEM. 24
	182	+
	183	+	(3) “ON–SITE WASTEWATER SYST EM” DOES NOT INCLUDE A 25
	184	+	WASTEWATER TREATMENT SYSTEM THAT: 26
	185	+
	186	+	(I) REQUIRES A DISCHARGE PERMIT FROM THE DEPARTMENT ; 27
	187	+	OR 28
	188	+
	189	+	(II) TREATS 5,000 OR MORE GALLONS PER DAY. 29
	190	+
	191	+	9–11A–02. 30 HOUSE BILL 318 5
	192	+
	193	+
	194	+
	195	+	(A) THIS SUBTITLE DOES NOT AP PLY TO AN INDIVIDUAL EMPLOYED BY A 1
	196	+	LOCAL, STATE, OR FEDERAL AGENCY WH ILE PERFORMING THE D UTIES OF THAT 2
	197	+	EMPLOYMENT . 3
	198	+
	199	+	(B) NOTHING IN THIS SUBTI TLE PREVENTS OR PROH IBITS A LOCAL 4
	200	+	GOVERNMENT FROM IMPO SING REQUIREMENTS , STANDARDS, OR FEES TH AT ARE 5
	201	+	MORE STRINGENT THAN THE REQUIREMENTS , STANDARDS, OR FEES ESTABLISHED 6
	202	+	IN THIS SUBTITLE. 7
	203	+
	204	+	9–11A–03. RESERVED. 8
	205	+
	206	+	9–11A–04. RESERVED. 9
	207	+
	208	+	PART II. STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS . 10
	209	+
	210	+	9–11A–05. 11
	211	+
	212	+	(A) THERE IS A STATE BOARD OF ON–SITE WASTEWATER PROFESSIONALS 12
	213	+	IN THE DEPARTMENT . 13
	214	+
	215	+	(B) THE PURPOSE OF THE BOARD IS TO: 14
	216	+
	217	+	(1) REGULATE REGULATE INDIVIDUALS WHO PROV IDE ON–SITE 15
	218	+	WASTEWATER SERVICES OR ENGAGE IN THE BUS INESS OF PROVIDING O N–SITE 16
	219	+	WASTEWATER SERVICES IN THE STATE FOR THE PURPOSE OF SAFEGUARDING THE 17
	220	+	LIFE, HEALTH, PROPERTY, ENVIRONMENT , AND PUBLIC WELFARE O F THE 18
	221	+	RESIDENTS OF THE STATE; AND 19
	222	+
	223	+	(2) ESTABLISH, IN CONSULTATION WITH THE DEPARTMENT , 20
	224	+	MINIMUM STANDARDS FO R ON–SITE WASTEWATER SYST EMS THAT ARE NOT 21
	225	+	REQUIRED TO BE PERMI TTED UNDER § 9–323 OF THIS TITLE , INCLUDING 22
	226	+	STANDARDS FOR THE PR OCESSES, PROCEDURES , TECHNIQUES , AND MATERIALS 23
	227	+	ASSOCIATED WITH THE PROPER DESIGN , ACCEPTABLE INSTALLAT ION, ADEQUATE 24
	228	+	OPERATION AND MAINTE NANCE, INCLUDING PUMPING OR REPAIR, AND PROPERTY 25
	229	+	TRANSFER INSPECTIO N OF AN ON–SITE WASTEWATER SYST EM. 26
	230	+
	231	+	(C) ANY FINAL ACTION OF T HE BOARD IS SUBJECT TO R EVIEW BY THE 27
	232	+	SECRETARY OR THE SECRETARY’S DESIGNEE. 28
	233	+
	234	+	9–11A–06. 29
	235	+
	236	+	(A) (1) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS : 30
	237	+	6 HOUSE BILL 318
	238	+
	239	+
	240	+	(I) AS A NONVOTING MEMBER OF THE BOARD, THE THE 1
	241	+	SECRETARY, OR THE SECRETARY’S DESIGNEE; 2
	242	+
	243	+	(II) SIX INDIVIDUALS APPOI NTED BY THE GOVERNOR WITH THE 3
	244	+	ADVICE OF THE SECRETARY AND WITH TH E ADVICE AND CONSENT OF THE SENATE; 4
	245	+
	246	+	(III) ONE INDIVIDUAL DESIGN ATED BY THE MARYLAND ONSITE 5
	247	+	WASTEWATER PROFESSIONALS ASSOCIATION; AND 6
	248	+
	249	+	(IV) ONE REPRESENTATIVE OF THE MARYLAND CONFERENCE 7
	250	+	OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS, DESIGNATED BY THE MARYLAND 8
	251	+	CONFERENCE OF LOCAL ENVIRONMENTAL HEALTH DIRECTORS. 9
	252	+
	253	+	(2) OF THE MEMBERS OF THE BOARD: 10
	254	+
	255	+	(I) AT LEAST SIX SHALL BE ON–SITE WASTEWATER 11
	256	+	PROFESSIONALS ; AND 12
	257	+
	258	+	(II) TWO SHALL BE CONSUMER MEMBERS. 13
	259	+
	260	+	(3) (I) THE OF THE ON–SITE WASTEWATER PROF ESSIONAL 14
	261	+	MEMBERS OF THE BOARD SHALL BE REPRESENTAT IVE OF ALL REGIONS O F THE 15
	262	+	STATE: 16
	263	+
	264	+	1. AT LEAST ONE SHALL BE FROM THE AREA THAT 17
	265	+	CONSISTS OF ALLEGANY COUNTY, FREDERICK COUNTY, GARRETT COUNTY, AND 18
	266	+	WASHINGTON COUNTY; 19
	267	+
	268	+	2. AT LEAST ONE SHALL BE FROM THE AREA THAT 20
	269	+	CONSISTS OF BALTIMORE CITY, BALTIMORE COUNTY, CARROLL COUNTY, 21
	270	+	HARFORD COUNTY, HOWARD COUNTY, AND MONTGOMERY COUNTY; 22
	271	+
	272	+	3. AT LEAST ONE SHALL BE FROM THE AREA THAT 23
	273	+	CONSISTS OF ANNE ARUNDEL COUNTY AND PRINCE GEORGE’S COUNTY; 24
	274	+
	275	+	4. AT LEAST ONE SHALL BE FROM THE AREA THAT 25
	276	+	CONSISTS OF CAROLINE COUNTY, CECIL COUNTY, DORCHESTER COUNTY, KENT 26
	277	+	COUNTY, QUEEN ANNE’S COUNTY, SOMERSET COUNTY, TALBOT COUNTY, 27
	278	+	WICOMICO COUNTY, AND WORCESTER COUNTY; AND 28
	279	+
	280	+	5. AT LEAST ONE SHALL BE FROM THE AREA THAT 29
	281	+	CONSISTS OF CALVERT COUNTY, CHARLES COUNTY, AND ST. MARY’S COUNTY. 30
	282	+	HOUSE BILL 318 7
	283	+
	284	+
	285	+	(II) BEFORE JULY 1, 2026, THE ON–SITE WASTEWATER 1
	286	+	PROFESSIONAL MEMBERS OF THE BOARD SHALL: 2
	287	+
	288	+	1. BE LICENSED BY A LOCA L GOVERNMENT ; OR 3
	289	+
	290	+	2. HOLD A LETTER FROM TH E LOCAL HEALTH 4
	291	+	DEPARTMENT STATING T HAT THE MEMBER HAS B EEN PROVIDING ON –SITE 5
	292	+	WASTEWATER SERVICES FOR A MINIMUM OF 7 YEARS AND IS IN GOOD STANDING. 6
	293	+
	294	+	(III) ON AND AFTER JULY 1, 2026, AND IN ACCORDANCE WI TH 7
	295	+	THIS SUBTITLE , THE ON–SITE WASTEWATER PROF ESSIONAL MEMBERS OF THE 8
	296	+	BOARD SHALL BE LICENS ED BY THE BOARD. 9
	297	+
	298	+	(4) EACH CONSUMER MEMBER OF THE BOARD: 10
	299	+
	300	+	(I) SHALL BE A MEMBER OF THE GENERAL PUBLIC ; 11
	301	+
	302	+	(II) MAY NOT BE A LICENSEE OR OTHERWISE BE SUBJ ECT TO 12
	303	+	REGULATION BY THE BOARD; 13
	304	+
	305	+	(III) MAY NOT BE REQUIRED T O MEET THE QUALIFICA TIONS FOR 14
	306	+	THE PROFESSIONAL MEM BERS OF THE BOARD; AND 15
	307	+
	308	+	(IV) MAY NOT, WITHIN 1 YEAR BEFORE APPOINTM ENT, HAVE 16
	309	+	HAD A FINANCIAL INT EREST IN OR HAVE REC EIVED COMPENSATION F ROM A PERSON 17
	310	+	REGULATED BY THE BOARD. 18
	311	+
	312	+	(B) WHILE A MEMBER OF THE BOARD, A CONSUMER MEMBER MA Y NOT: 19
	313	+
	314	+	(1) HAVE A FINANCIAL INTE REST IN OR RECEIVE C OMPENSATION 20
	315	+	FROM A PERSON REGULA TED BY THE BOARD; OR 21
	316	+
	317	+	(2) GRADE AN EXAMINATION GIVEN BY OR FOR THE BOARD. 22
	318	+
	319	+	(C) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE 23
	320	+	THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 24
	321	+
	322	+	(D) (1) THE TERM OF A VOTING MEMBER IS 3 YEARS. 25
	323	+
	324	+	(2) A VOTING MEMBER MAY SE RVE TWO TERMS CONSECUTIVE LY. 26
	325	+
	326	+	(3) THE TERMS OF VOTING M EMBERS ARE STAGGERED AS REQUIRED 27
	327	+	BY THE TERMS PROVIDE D FOR MEMBERS OF THE BOARD ON JULY 1, 2022. 28
	328	+	8 HOUSE BILL 318
	329	+
	330	+
	331	+	(4) AT THE END OF A TERM , A VOTING MEMBER CONT INUES TO SERVE 1
	332	+	UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 2
	333	+
	334	+	(5) A VOTING MEMBER WHO IS APPOINTED AFTER A TE RM HAS BEGUN 3
	335	+	SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 4
	336	+	AND QUALIFIES. 5
	337	+
	338	+	(E) THE GOVERNOR MAY REMOVE A VOTING MEMBER FOR IN COMPETENCE , 6
	339	+	MISCONDUCT , OR ON RECOMMENDATION OF A MAJORITY OF THE BOARD. 7
	340	+
	341	+	9–11A–07. 8
	342	+
	343	+	(A) THE MEMBERS OF THE BOARD SHALL DESIGNATE A CHAIR, A VICE 9
	344	+	CHAIR, AND A SECRETARY . 10
	345	+
	346	+	(B) THE BOARD SHALL DETERMINE THE MEANS OF THE ELE CTION OF 11
	347	+	OFFICERS. 12
	348	+
	349	+	9–11A–08. 13
	350	+
	351	+	(A) A MAJORITY OF THE MEMB ERS THEN SERVING ON THE BOARD IS A 14
	352	+	QUORUM. 15
	353	+
	354	+	(B) THE BOARD SHALL DETERMINE THE TIMES AND PLACES OF ITS 16
	355	+	MEETINGS. 17
	356	+
	357	+	(C) EACH MEMBER OF THE BOARD IS ENTITLED TO REIMBURSEMENT FOR 18
	358	+	EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN 19
	359	+	THE STATE BUDGET . 20
	360	+
	361	+	(D) THE BOARD MAY EMPLOY A STAFF I N ACCORDANCE WITH TH E STATE 21
	362	+	BUDGET. 22
	363	+
	364	+	9–11A–09. 23
	365	+
	366	+	THE BOARD, IN CONSULTATION WITH THE DEPARTMENT , SHALL: 24
	367	+
	368	+	(1) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON THE 25
	369	+	ADOPTION OF REGULATI ONS TO CARRY OUT THE PROVISIONS OF THIS S UBTITLE, 26
	370	+	INCLUDING: 27
	371	+
	372	+	(I) LICENSING PROCEDURES , DEFINITIONS, QUALIFICATIONS , 28
	373	+	AND CONTINUING EDUCA TION REQUIREMENTS FO R THE FOLLOWING CATE GORIES: 29
	374	+	HOUSE BILL 318 9
	375	+
	376	+
	377	+	1. DESIGNER; 1
	378	+
	379	+	2. MASTER INSTALLER AND JOURNEY INSTALLER ; 2
	380	+
	381	+	3. MASTER ON –SITE WASTEWATER PROP ERTY 3
	382	+	TRANSFER INSPECTOR A ND JOURNEY ON –SITE WASTEWATER PROP ERTY TRANSFER 4
	383	+	INSPECTOR; 5
	384	+
	385	+	4. MASTER PUMPER AND JOU RNEY PUMPER ; AND 6
	386	+
	387	+	5. MASTER OPERATION AND MAINTENANCE PROVIDER 7
	388	+	AND JOURNEY OPERATIO N AND MAINTENANCE PR OVIDER; 8
	389	+
	390	+	(II) CERTIFICATION PROCEDU RES, DEFINITIONS, 9
	391	+	QUALIFICATIONS , AND CONTINUING EDUCA TION REQUIREMENTS FO R THE 10
	392	+	FOLLOWING CATEGORIES : 11
	393	+
	394	+	1. DESIGNER; 12
	395	+
	396	+	2. ADVANCED TREATMENT IN STALLER; 13
	397	+
	398	+	3. MOUND INSTALLER ; 14
	399	+
	400	+	4. DRIP DISPERSAL INSTAL LER; 15
	401	+
	402	+	5. PUMP DISPERSAL SYSTEM INSTALLER; 16
	403	+
	404	+	6. ADVANCED TREATMENT OP ERATION AND 17
	405	+	MAINTENANCE PROVIDER ; 18
	406	+
	407	+	7. ADVANCED TREATMENT UN IT PUMPER; 19
	408	+
	409	+	8. ADVANCED TREATMENT PR OPERTY TRANSFER 20
	410	+	INSPECTOR; AND 21
	411	+
	412	+	9. ANY OTHER CATEGORY AS SOCIATED WITH A SPEC IFIC 22
	413	+	ON–SITE WASTEWATER TREA TMENT TECHNOLOGY ; AND 23
	414	+
	415	+	(III) MINIMUM STANDARDS FOR ANY PROCESSES , PROCEDURES , 24
	416	+	TECHNIQUES , AND MATERIALS ASSOCI ATED WITH THE PROPER DESIGN , 25
	417	+	ACCEPTABLE INSTALLAT ION, ADEQUATE OPERATION A ND MAINTENANCE , 26
	418	+	INCLUDING PUMPING OR REPAIR, AND PROPERTY TRANSFE R INSPECTION OF AN 27
	419	+	ON–SITE WASTEWATER SYST EM THAT IS NOT REQUI RED TO BE PERMITTED UNDER § 28
	420	+	9–323 OF THIS TITLE ON–SITE WASTEWATER SYST EMS; 29
	421	+	10 HOUSE BILL 318
	422	+
	423	+
	424	+	(2) REVIEW REGULATIONS PR OPOSED BY THE DEPARTMENT TO 1
	425	+	CARRY OUT THE PROVIS IONS OF THIS SUBTITL E; 2
	426	+
	427	+	(3) ESTABLISH A CODE OF E THICS PROVIDED BY TH E DEPARTMENT 3
	428	+	FOR: 4
	429	+
	430	+	(I) MEMBERS OF THE BOARD; AND 5
	431	+
	432	+	(II) INDIVIDUALS LICENSED AND CERTIFIED BY THE BOARD; 6
	433	+
	434	+	(4) ON OR BEFORE JUNE 1, 2024, MAKE RECOMMENDATIONS TO THE 7
	435	+	DEPARTMENT FOR ESTABL ISHING THE LICENSING AND CERTIF ICATION 8
	436	+	PROCEDURES SPECIFIED UNDER ITEM (1) OF THIS SECTION; 9
	437	+
	438	+	(5) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER 10
	439	+	THIS SUBTITLE; AND 11
	440	+
	441	+	(6) KEEP A CURRENT RECORD OF ALL INDIVIDUALS A ND ENTITIES 12
	442	+	LICENSED UNDER THIS SUBTITLE. 13
	443	+
	444	+	9–11A–10. 14
	445	+
	446	+	(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL 15
	447	+	SET BY REGULATION RE ASONABLE FEES FOR TH E ISSUANCE AND RENEW AL OF 16
	448	+	LICENSES AND OTHER S ERVICES THAT THE BOARD PROVIDES . 17
	449	+
	450	+	(2) THE FEES SHALL BE SET TO PRODUCE FUNDS TO APPROXIMATE 18
	451	+	THE COSTS OF MAINTAINING THE BOARD THE BOARD’S CREATION, MAINTENANCE , 19
	452	+	REASONABLE ADMINISTR ATIVE COSTS, AND ONGOING ACTIVITI ES. 20
	453	+
	454	+	(B) THE BOARD SHALL PUBLISH A SCHEDULE OF THE FEES . 21
	455	+
	456	+	(C) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS SUBTITLE 22
	457	+	INTO THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLISHED UNDE R § 23
	458	+	9–11A–11 OF THIS SUBTITLE. 24
	459	+
	460	+	9–11A–11. 25
	461	+
	462	+	(A) IN THIS SECTION , “FUND” MEANS THE ON–SITE WASTEWATER 26
	463	+	PROFESSIONALS FUND. 27
	464	+
	465	+	(B) THERE IS AN ON–SITE WASTEWATER PROFESSIONALS FUND. 28
	466	+	HOUSE BILL 318 11
	467	+
	468	+
	469	+	(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO MAINTAIN TH E 1
	470	+	BOARD. 2
	471	+
	472	+	(D) THE BOARD SHALL ADMINISTE R THE FUND. 3
	473	+
	474	+	(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 4
	475	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 5
	476	+
	477	+	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 6
	478	+	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 7
	479	+
	480	+	(F) THE FUND CONSISTS OF : 8
	481	+
	482	+	(1) ALL FEES, PENALTIES, AND FINES COLLECTED UNDER THIS 9
	483	+	SUBTITLE; 10
	484	+
	485	+	(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 11
	486	+
	487	+	(3) INTEREST EARNINGS OF THE FUND; 12
	488	+
	489	+	(4) DONATIONS TO THE FUND; AND 13
	490	+
	491	+	(5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 14
	492	+	THE BENEFIT OF THE FUND. 15
	493	+
	494	+	(G) THE FUND SHALL BE USED ON LY TO MAINTAIN THE BOARD PAY FOR 16
	495	+	THE COST OF CREATING THE BOARD, MAINTENANCE OF THE BOARD, REASONABLE 17
	496	+	ADMINISTRATIVE COSTS , AND IMPLEMENT THE PR OVISIONS OF THIS SUB TITLE. 18
	497	+
	498	+	(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 19
	499	+	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 20
	500	+
	501	+	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 21
	502	+	THE FUND. 22
	503	+
	504	+	(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 23
	505	+	WITH THE STATE BUDGET . 24
	506	+
	507	+	(J) MONEY EXPENDED FROM T HE FUND TO MAINTAIN THE BOARD OR 25
	508	+	IMPLEMENT THE PROVIS IONS OF THIS SUBTITL E IS SUPPLEMENTAL TO AND IS NOT 26
	509	+	INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 27
	510	+	APPROPRIATED FOR THE BOARD. 28
	511	+
	512	+	9–11A–12. 29
	513	+	12 HOUSE BILL 318
	514	+
	515	+
	516	+	ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL PREPARE A ND 1
	517	+	SUBMIT AN ANNUAL REP ORT TO THE SECRETARY ON : 2
	518	+
	519	+	(1) THE STATUS OF THE ON–SITE WASTEWATER PROFESSIONALS 3
	520	+	FUND; 4
	521	+
	522	+	(2) REVENUES AND EXPENDIT URES FROM THE ON–SITE 5
	523	+	WASTEWATER PROFESSIONALS FUND; 6
	524	+
	525	+	(3) THE EFFICIENCY OF THE REGULATIONS ADOPTED BY THE 7
	526	+	DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE; 8
	527	+
	528	+	(4) COMPLIANCE WITH THE R EGULATIONS ADOPTED BY T HE 9
	529	+	DEPARTMENT TO IMPLEME NT THE PROVISIONS OF THIS SUBTITLE; AND 10
	530	+
	531	+	(5) BASED ON THE FACTORS SPECIFIED IN ITEMS (1) THROUGH (4) OF 11
	532	+	THIS SECTION, THE NECESSITY TO REV IEW AND ADJUST THE F EES SET BY THE 12
	533	+	DEPARTMENT BY REGULAT ION. 13
	534	+
	535	+	9–11A–13. RESERVED. 14
	536	+
	537	+	9–11A–14. RESERVED. 15
	538	+
	539	+	PART III. LICENSING. 16
	540	+
	541	+	9–11A–15. 17
	542	+
	543	+	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 18
	544	+	AN INDIVIDUAL SHALL BE LICENSED BY THE BOARD IN ACCORDANCE W ITH THIS 19
	545	+	SUBTITLE BEFORE THE INDIVIDUAL MAY PROVI DE ON–SITE WASTEW ATER SERVICES 20
	546	+	IN THE STATE. 21
	547	+
	548	+	(2) (I) AN INDIVIDUAL WHO , AS OF JANUARY 1, 2022, HOLDS A 22
	549	+	LICENSE, REGISTRATION , OR CERTIFICATION TO PROVIDE PROVIDES ON–SITE 23
	550	+	WASTEWATER SERVICES IN THE STATE MAY CONTINUE TO PROVIDE ON –SITE 24
	551	+	WASTEWATER SERVICES UNTIL THE LICENSING REQUIREMEN TS ARE ESTABLISHED 25
	552	+	BY THE DEPARTMENT BY REGULAT ION IF THE INDIVIDUA L: 26
	553	+
	554	+	1. COMPLIES WITH ALL APP LICABLE STATE AND LOCAL 27
	555	+	LAWS AND REGULATIONS ; 28
	556	+
	557	+	2. ON OR BEFORE DECEMBER 31, 2022, PAYS TO THE 29
	558	+	DEPARTMENT A FEE OF $150; AND 30
	559	+	HOUSE BILL 318 13
	560	+
	561	+
	562	+	2. 3. EVERY 2 YEARS THEREAFTER UNT IL THE 1
	563	+	DEPARTMENT SETS FEES IN ACCORDANCE WITH § 9–11A–10 OF THIS SUBTITLE , 2
	564	+	PAYS TO THE DEPARTMENT A RENEWAL FEE OF $150. 3
	565	+
	566	+	(II) IF A LOCAL GOVERNMENT DOES NOT ISSUE LICEN SES, 4
	567	+	REGISTRATIONS , OR CERTIFICATIONS TO INDIVIDUALS TO PROVIDE ON –SITE 5
	568	+	WASTEWATER SERVICES , AN INDIVIDUAL MAY RE QUEST A LETTER OF GO OD 6
	569	+	STANDING FROM THE LO CAL HEALTH DEPARTMEN T TO CONTINUE TO PRO VIDE 7
	570	+	ON–SITE WASTEWATER SERV ICES IN ACCORDANCE W ITH SUBPARAGRAPH (I) OF 8
	571	+	THIS PARAGRAPH . 9
	572	+
	573	+	(III) THE DEPARTME NT SHALL PAY ALL FEE S COLLECTED 10
	574	+	UNDER PARAGRAPH (2)(I) OF THIS SUBSECTION I NTO THE ON–SITE WASTEWATER 11
	575	+	PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS SUBTITLE ALL 12
	576	+	FEES COLLECTED BY TH E DEPARTMENT UNDER THIS PARAGRAPH SHALL BE U SED 13
	577	+	BY THE DEPARTMENT TO: 14
	578	+
	579	+	1. PAY FOR THE CREATION OF THE BOARD; 15
	580	+
	581	+	2. COVER REASONABLE ADMI NISTRATIVE COSTS ; AND 16
	582	+
	583	+	3. IMPLEMENT THE PROVISI ONS OF THIS SUBTITLE . 17
	584	+
	585	+	(B) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE 18
	586	+	REQUIREMENTS ESTABLI SHED BY THE DEPARTMENT BY REGULATION . 19
	587	+
	588	+	(C) TO APPLY FOR A LICENS E, AN APPLICANT SHALL : 20
	589	+
	590	+	(1) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM THAT THE 21
	591	+	BOARD PROVIDES ; AND 22
	592	+
	593	+	(2) PAY TO THE BOARD THE REQUIRED AP PLICATION FEE SET BY THE 23
	594	+	DEPARTMENT BY REGULAT ION. 24
	595	+
	596	+	(D) A BUSINESS PRO VIDING ON –SITE WASTEWATER SERV ICES OR 25
	597	+	CONTRACTING TO PROVI DE ON–SITE WASTEWATER SERV ICES THAT ARE 26
	598	+	REGULATED BY THE BOARD MUST HAVE AN EM PLOYEE OR OWNER LICE NSED BY THE 27
	599	+	BOARD. 28
	600	+
	601	+	(E) A LICENSE ISSUED BY TH E BOARD IN ACCORDANCE W ITH THIS 29
	602	+	SUBTITLE IS VALID FO R 2 YEARS. 30
	603	+
	604	+	(F) (E) IN ACCORDANCE WITH TH E REQUIREMENTS ESTAB LISHED BY THE 31
	605	+	DEPARTMENT BY REGULAT ION, THE BOARD MAY ISSUE A CER TIFICATION TO AN 32 14 HOUSE BILL 318
	606	+
	607	+
	608	+	INDIVIDUAL TO PERFOR M SPECIFIC TASKS ASSOCIATED WITH ON –SITE 1
	609	+	WASTEWATER SERVICES IF THE INDIVIDUAL: 2
	610	+
	611	+	(1) IS LICENSED BY THE BOARD; OR 3
	612	+
	613	+	(2) HOLDS A PROFESSIONAL LICENSE THAT IS APPR OVED BY THE 4
	614	+	BOARD. 5
	615	+
	616	+	9–11A–16. 6
	617	+
	618	+	SUBJECT TO THE HEARIN G REQUIREMENTS IN § 9–11A–17 OF THIS SUBTITLE, 7
	619	+	THE BOARD MAY DENY A LICENSE T O ANY APPLICANT , REPRIMAND ANY LICENS EE, 8
	620	+	OR SUSPEND OR REVOKE A LICENSE IF THE APP LICANT OR LICENSEE : 9
	621	+
	622	+	(1) VIOLATES ANY PROVISIO N OF THIS SUBTITLE O R ANY 10
	623	+	REGULATION ADOPTED U NDER THIS SUBTITLE ; 11
	624	+
	625	+	(2) FRAUDULENTLY OR DECEP TIVELY OBT AINS OR ATTEMPTS TO 12
	626	+	OBTAIN A LICENSE FOR THE APPLICANT OR LIC ENSEE OR FOR ANOTHER ; 13
	627	+
	628	+	(3) FRAUDULENTLY OR DECEP TIVELY USES A LICENS E; OR 14
	629	+
	630	+	(4) COMMITS ANY IS FOUND GUILTY OF GROSS NEGLIGENCE , 15
	631	+	INCOMPETENCE , OR MISCONDUCT WHILE PROVIDING ON –SITE WASTEWATER 16
	632	+	SERVICES. 17
	633	+
	634	+	9–11A–17. 18
	635	+
	636	+	(A) EXCEPT AS OTHERWISE P ROVIDED IN TITLE 10, SUBTITLE 2 OF THE 19
	637	+	STATE GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES ANY FINAL ACTION 20
	638	+	UNDER § 9–11A–16 OF THIS SUBTITLE IT SHALL GIVE THE INDIV IDUAL AGAINST 21
	639	+	WHOM THE ACTION IS C ONTEMPLATED AN OPPORTUNITY FOR A HEARING BEFORE 22
	640	+	THE BOARD. 23
	641	+
	642	+	(B) THE BOARD SHALL GIVE NOTI CE AND HOLD THE HEAR ING IN 24
	643	+	ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 25
	644	+
	645	+	(C) THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH ANY 26
	646	+	PROCEEDING UNDER THI S SECTION. 27
	647	+
	648	+	(D) IF, AFTER DUE NOTICE , THE APPLICANT OR LIC ENSEE AGAINST WHOM 28
	649	+	THE ACTION IS CONTEM PLATED FAILS OR REFU SES TO APPEAR , THE BOARD MAY 29
	650	+	HEAR AND DETERMINE T HE MATTER. 30
	651	+	HOUSE BILL 318 15
	652	+
	653	+
	654	+	(E) ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE BOARD IN A 1
	655	+	CONTESTED CASE, AS DEFINED IN § 10–202 OF THE STATE GOVERNMENT ARTICLE, 2
	656	+	MAY TAKE AN APPEAL A S ALLOWED IN §§ 10–222 AND 10–223 OF THE STATE 3
	657	+	GOVERNMENT ARTICLE. 4
	658	+
	659	+	9–11A–18. RESERVED. 5
	660	+
	661	+	9–11A–19. RESERVED. 6
	662	+
	663	+	PART IV. PROHIBITED ACTS; PENALTIES. 7
	664	+
	665	+	9–11A–20. 8
	666	+
	667	+	(A) EXCEPT AS PROVIDED IN § 9–11A–15(A) OF THIS SUBTITLE , AN 9
	668	+	INDIVIDUAL MAY NOT P ROVIDE, ATTEMPT TO PROVIDE , OR OFFER TO PROVIDE 10
	669	+	ON–SITE WASTEWATER SERV ICES UNLESS THE INDI VIDUAL IS LICENSED B Y THE 11
	670	+	BOARD. 12
	671	+
	672	+	(B) A LICENSE MAY NOT BE B ORROWED, RENTED, OR TRANSFERRED TO 13
	673	+	ANOTHER INDIVIDUAL . 14
	674	+
	675	+	9–11A–21. 15
	676	+
	677	+	(A) A PERSON WHO VIOLATES ANY PROVISION OF THI S SUBTITLE OR OF ANY 16
	678	+	REGULATION ADOPTED U NDER THIS SUBTITLE I S GUILTY OF A MISDEM EANOR AND 17
	679	+	ON CONVICTION IS SUB JECT: 18
	680	+
	681	+	(1) TO A FINE NOT EXCEEDI NG $500 OR IMPRISONMENT NOT 19
	682	+	EXCEEDING 3 MONTHS, OR BOTH; OR 20
	683	+
	684	+	(2) TO A FINE NOT EXCEEDI NG $1,000 OR IMPRISONMENT NOT 21
	685	+	EXCEEDING 1 YEAR, OR BOTH, FOR ANY SUBSEQUENT V IOLATION OF THIS TIT LE 22
	686	+	THAT OCCURS WITHIN 2 YEARS OF AN EARLIER VIOLATION OF THIS TI TLE. 23
	687	+
	688	+	(B) EACH DAY THAT A PERSO N PROVIDES ON–SITE WASTEWATER SERV ICES 24
	689	+	WITHOUT A LICENSE CO NSTITUTES A SEPARATE OFFENSE. 25
	690	+
	691	+	9–11A–22. 26
	692	+
	693	+	(A) INSTEAD OF OR IN ADDI TION TO ANY OTHER PE NALTIES UNDER THIS 27
	694	+	TITLE, THE BOARD MAY IMPOSE A CI VIL PENALTY ON A PER SON WHO VIOLATES § 28
	695	+	9–11A–20 OF THIS SUBTITLE IN AN AMOUNT NOT EXC EEDING $1,000 PER DAY FOR 29
	696	+	ALL VIOLATIONS CITED ON A SINGLE DAY. 30
	697	+	16 HOUSE BILL 318
	698	+
	699	+
	700	+	(B) IN SETTING THE AMOUNT OF THE CIVIL PENALTY , THE BOARD SHALL 1
	701	+	CONSIDER: 2
	702	+
	703	+	(1) THE SERIOUSNESS OF TH E VIOLATION; 3
	704	+
	705	+	(2) THE HARM CAUSED BY TH E VIOLATION; 4
	706	+
	707	+	(3) THE GOOD FAITH OF THE VIOL ATOR; 5
	708	+
	709	+	(4) HISTORY OF PREVIOUS V IOLATIONS BY THE VIO LATOR; AND 6
	710	+
	711	+	(5) OTHER RELEVANT FACTOR S. 7
	712	+
	713	+	(C) IF A VIOLATOR FAILS T O PAY A CIVIL PENALT Y WITHIN 30 DAYS OF ITS 8
	714	+	IMPOSITION BY THE BOARD, THE MATTERS SHALL BE FORWARDED TO THE CENTRAL 9
	715	+	COLLECTION UNIT IN THE DEPARTMENT OF BUDGET AND MANAGEMENT FOR THE 10
	716	+	COLLECTION OF THE CI VIL PENALTY. 11
	717	+
	718	+	(D) THE BOARD SHALL PAY ANY P ENALTY COLLECTED UND ER THIS 12
	719	+	SECTION INTO THE ON–SITE WASTEWATER PROFESSIONALS FUND UNDER § 13
	720	+	9–11A–11 OF THIS SUBTITLE. 14
	721	+
	722	+	9–11A–23. 15
	723	+
	724	+	(A) INSTEAD OF OR IN ADDI TION TO ANY OTHER PE NALTIES AUTHORIZED 16
	725	+	UNDER THIS TITLE , THE BOARD MAY IMPOSE AN A DMINISTRATIVE PENALT Y ON A 17
	726	+	PERSON WHO VIOLATES THIS SUBTITLE IN AN AMOUNT NOT EXCEEDING $1,000 PER 18
	727	+	DAY FOR ALL VIOLATIO NS CITED ON A SINGLE DAY. 19
	728	+
	729	+	(B) IN SETTING THE AMOUNT OF THE ADMINISTRATIV E PENALTY, THE 20
	730	+	BOARD SHALL CONSIDER : 21
	731	+
	732	+	(1) THE SERIOUSNESS OF TH E VIOLATION; 22
	733	+
	734	+	(2) THE HARM CAUSED BY TH E VIOLATION; 23
	735	+
	736	+	(3) THE GOOD FAITH OF THE VIOLATOR; 24
	737	+
	738	+	(4) ANY HISTORY OF PREVIO US VIOLATIONS BY THE VIOLATOR ; AND 25
	739	+
	740	+	(5) ANY OTHER RELEVANT FA CTORS. 26
	741	+
	742	+	(C) IF A VIOLATOR FAILS T O PAY AN ADMINISTRAT IVE PENALTY WITHIN 90 27
	743	+	DAYS AFTER THE IMPOS ITION OF THE ADMINIS TRATIVE PENALTY BY T HE BOARD, 28
	744	+	THE MATTER SHALL BE FORWARDED TO THE CENTRAL COLLECTION UNIT IN THE 29 HOUSE BILL 318 17
	745	+
	746	+
	747	+	DEPARTMENT OF BUDGET AND MANAGEMENT FOR THE CO LLECTION OF THE 1
	748	+	ADMINISTRATIVE PENAL TY. 2
	749	+
	750	+	(D) ANY PENALTIES COLLECT ED UNDER THIS SECTIO N SHALL BE PAID INTO 3
	751	+	THE ON–SITE WASTEWATER PROFESSIONALS FUND ESTABLISHED UNDE R § 4
	752	+	9–11A–11 OF THIS SUBTITLE. 5
	753	+
	754	+	Article – State Finance and Procurement 6
	755	+
	756	+	6–226. 7
	757	+
	758	+	(a) (2) (i) Notwithstanding any other provision of law, and unless 8
	759	+	inconsistent with a federal law, grant agreement, or other federal requirement or with the 9
	760	+	terms of a gift or settlement agreement, net interest on all State money allocated by the 10
	761	+	State Treasurer under this section to special funds or accounts, and otherwise entitled to 11
	762	+	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 12
	763	+	Fund of the State. 13
	764	+
	765	+	(ii) The provisions of subparagraph (i) of this paragraph do not apply 14
	766	+	to the following funds: 15
	767	+
	768	+	144. the Health Equity Resource Community Reserve Fund; 16
	769	+	[and] 17
	770	+
	771	+	145. the Access to Counsel in Evictions Special Fund; AND 18
	772	+
	773	+	146. THE ON–SITE WASTEWATER PROFESSIONALS FUND. 19
	774	+
	775	+	Article – State Government 20
	776	+
	777	+	8–403. 21
	778	+
	779	+	This subtitle applies only to the following governmental activities and units: 22
	780	+
	781	+	(43) ON–SITE WASTEWATER PROFESSIONALS , STATE BOARD OF (§ 23
	782	+	9–11A–05 OF THE ENVIRONMENT ARTICLE); 24
	783	+
	784	+	SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25
	785	+	as follows: 26
	786	+
	787	+	Article – Environment 27
	788	+
	789	+	[9–217.2. 28
	790	+	18 HOUSE BILL 318
	791	+
	792	+
	793	+	(a) In this section, “license holder” means an individual who holds a valid on–site 1
	794	+	wastewater property transfer inspection license issued by the Department under this 2
	795	+	section. 3
	796	+
	797	+	(b) This section does not apply to an individual who inspects an on–site sewage 4
	798	+	disposal system as a part of the individual’s duties as an employee of the federal 5
	799	+	government, the State, or any local government of the State. 6
	800	+
	801	+	(c) On or after July 1, 2022, an individual may not engage in the business of 7
	802	+	inspecting an on–site sewage disposal system unless the individual holds a valid on–site 8
	803	+	wastewater property transfer inspection license issued by the Department. 9
	804	+
	805	+	(d) (1) On or before January 1, 2022, the Department shall adopt regulations 10
	806	+	establishing eligibility criteria, minimum training standards for on–site wastewater 11
	807	+	property transfer inspection licenses, the frequency with which licenses must be renewed, 12
	808	+	and the fees for license applications and renewals. 13
	809	+
	810	+	(2) The regulations adopted under this subsection shall require that: 14
	811	+
	812	+	(i) The training include instruction on determining whether an 15
	813	+	on–site sewage disposal system is: 16
	814	+
	815	+	1. In need of replacement or repair; and 17
	816	+
	817	+	2. Not in compliance with statutory or regulatory 18
	818	+	requirements; and 19
	819	+
	820	+	(ii) Each inspection performed by a license holder follows the 20
	821	+	inspection format provided by the Department. 21
	822	+
	823	+	(e) An applicant for a license under this section shall: 22
	824	+
	825	+	(1) Submit an application to the Department on the form the Department 23
	826	+	provides; and 24
	827	+
	828	+	(2) Pay an application fee set by the Department. 25
	829	+
	830	+	(f) (1) An individual who violates a provision of this section or any regulation 26
	831	+	adopted under this section is subject to an administrative penalty not exceeding $10,000. 27
	832	+
	833	+	(2) Each on–site sewage disposal system that an individual knowingly 28
	834	+	inspects without a valid on–site wastewater property transfer inspection license constitutes 29
	835	+	a separate violation of this section. 30
	836	+
	837	+	(3) Any administrative penalty collected by the Department under this 31
	838	+	subsection shall be paid into the separate account within the Bay Restoration Fund 32
	839	+	established under § 9–1605.2(h) of this title. 33 HOUSE BILL 318 19
	840	+
	841	+
	842	+
	843	+	(g) A local government may establish additional requirements for inspections of 1
	844	+	on–site sewage disposal systems.] 2
	845	+
	846	+	SECTION 2. 4. AND BE IT FURTHER ENACTED, That the State Board of On–Site 3
	847	+	Wastewater Professionals shall be fully operational on or before June 1, 2023. 4
	848	+
	849	+	SECTION 3. 5. AND BE IT FURTHER ENACTED, That the terms of the initial 5
	850	+	members of the State Board of On–Site Wastewater Professionals shall expire as follows: 6
	851	+
	852	+	(1) three members in 2025; 7
	853	+
	854	+	(2) three members in 2026; and 8
	855	+
	856	+	(3) three members in 2027. 9
	857	+
	858	+	SECTION 4. 6. AND BE IT FURTHER ENACTED, That, on or before July 1, 2025, 10
	859	+	the Department of the Environment, in consultation with the State Board of On–Site 11
	860	+	Wastewater Professionals, shall adopt regulations to implement Section 1 2 of this Act. 12
	861	+
	862	+	SECTION 5. 7. AND BE IT FURTHER ENACTED, That, on or before July 1, 2026, 13
	863	+	all individuals who provide on–site wastewater services in the State shall be licensed by 14
	864	+	the State Board of On–Site Wastewater Professionals. 15
	865	+
	866	+	SECTION 8. AND BE IT FURTHER ENACTED, That Section 3 of th is Act shall take 16
	867	+	effect June 30, 2025. 17
	868	+
	869	+	SECTION 6. 9. AND BE IT FURTHER ENACTED, That , except as provided in 18
	870	+	Section 8 of this Act, this Act shall take effect July 1, 2022. 19
	871	+
	872	+
	873	+
	874	+
	875	+
	876	+
	877	+	Approved:
	878	+	________________________________________________________________________________
	879	+	Governor.
	880	+	________________________________________________________________________________
	881	+	Speaker of the House of Delegates.
	882	+	________________________________________________________________________________
	883	+	President of the Senate.