EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0113*
SENATE BILL 113
M3, J2 2lr1130
(PRE–FILED)
By: Senator Hester
Requested: November 1, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Environmental Health Specialists and On –Site Sewage Disposal Systems – 2
Transfer of Responsibilities and Standards, Regulations, Applications, and 3
Plans 4
FOR the purpose of transferring certain responsibilities and standards, regulations, 5
applications, and plans governing environmental health specialists, and the Board 6
of Environmental Health Specialists, from the Maryland Department of Health to 7
the Department of the Environment; requiring the Department of the Environment 8
to take certain actions regarding applications and plans for the installation of 9
on–site sewage disposal systems; requiring that an application for the installation of 10
an on–site sewage disposal system be approved or denied within a certain number of 11
months; requiring the approving authority for an application for the installation of 12
an on–site sewage disposal system to provide certain information to an applicant 13
under certain circumstances; requiring the Department of the Environment to 14
promote certain standards and regulations, develop certain statewide standards, and 15
host certain informational meetings; requiring the Department of the Environment 16
to adopt regulations on or before a certain date establishing that a certain 17
requirement regarding subsurface disposal of sewage applies to detached dwellings; 18
and generally relating to environmental health specialists and on–site sewage 19
disposal systems. 20
BY transferring 21
Article – Health Occupations 22
Section 21–101 through 21–502, respectively, and the title “Title 21. Environmental 23
Health Specialists” 24
Annotated Code of Maryland 25
(2021 Replacement Volume) 26
to be 27
Article – Environment 28 2 SENATE BILL 113
Section 11–101 through 11–502, respectively, and the title “Title 11. Environmental 1
Health Specialists” 2
Annotated Code of Maryland 3
(2014 Replacement Volume and 2021 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – Environment 6
Section 1–406 7
Annotated Code of Maryland 8
(2013 Replacement Volume and 2021 Supplement) 9
BY adding to 10
Article – Environment 11
Section 9–1114 and 11–103 12
Annotated Code of Maryland 13
(2014 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Environment 16
Section 11–101, 11–202(a), 11–301, 11–302, 11–306(b), 11–312(b), 11–313(a), 17
11–314, and 11–402 18
Annotated Code of Maryland 19
(2014 Replacement Volume and 2021 Supplement) 20
(As enacted by Section 1 of this Act) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That Section(s) 21–101 through 21–502, respectively, and the title “Title 21. Environmental 23
Health Specialists” of Article – Health Occupations of the Annotated Code of Maryland be 24
transferred to be Section(s) 11–101 through 11–502, respectively, and the title “Title 11. 25
Environmental Health Specialists” of Article – Environment of the Annotated Code of 26
Maryland. 27
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 28
as follows: 29
Article – Environment 30
1–406. 31
The following units, among other units, are included in the Department: 32
(1) Air Quality Control Advisory Council; 33
(2) Hazardous Substances Advisory Council; 34
(3) Radiation Control Advisory Board; 35
SENATE BILL 113 3
(4) Science and Health Advisory Group; 1
(5) Board of Waterworks and Waste System Operators; 2
(6) Board of Well Drillers; 3
(7) Hazardous Waste Facilities Siting Board; [and] 4
(8) Marine Contractors Licensing Board; AND 5
(9) BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS. 6
9–1114. 7
(A) THE DEPARTMENT SHALL : 8
(1) CREATE A SYSTEM FOR T RACKING ONLINE THE S TATUS OF AN 9
APPLICATION FOR THE INSTALLATION OF AND ASSOCIATED PERMITS F OR AN 10
ON–SITE SEWAGE DISPOSAL SYSTEM; 11
(2) PROVIDE INCENTIVES TO ENCOURAGE TIMELY COMPLETION OF 12
THE REVIEW AND APPRO VAL OF PLANS FOR THE INSTAL LATION OF ON–SITE SEWAGE 13
DISPOSAL SYSTEMS; AND 14
(3) DEVELOP AND MAKE AVAI LABLE STANDARDIZED P ERMIT FORMS 15
FOR THE INSTALLATION OF ON–SITE SEWAGE DISPOSAL SYSTEMS. 16
(B) (1) AN APPLICATION FOR THE INSTALLATION OF AN ON–SITE SEWAGE 17
DISPOSAL SYSTEM SHAL L BE APPROVED OR DEN IED WITHIN 2 MONTHS AFTER 18
RECEIPT BY THE APPRO VING AUTHORITY . 19
(2) IF AN APPLICATION FOR THE INSTALLATION OF AN ON–SITE 20
SEWAGE DISPOSAL SYST EM IS DENIED, THE APPROVING AUTHOR ITY SHALL PROVIDE 21
THE APPLICANT WITH I NFORMATION ON HOW TO APPEAL THE DECISION . 22
11–101. 23
(a) In this title the following words have the meanings indicated. 24
(b) “Board” means the State Board of Environmental Health Specialists. 25
(c) “Environmental health specialist” means an individual who practices as an 26
environmental health specialist. 27
4 SENATE BILL 113
(d) “Environmental health specialist–in–training” means an individual who 1
meets the educational qualifications required under this title but has not yet completed the 2
environmental health specialist–in–training program required under [§ 21–305] § 11–305 3
of this title. 4
(e) “Environmental health specialist–in–training program” means a program of 5
training and experience under the supervision of a licensed environmental health specialist 6
or other individual acceptable to the Board. 7
(f) “Hours of approved training” means the value given to participation in 8
continuing education or experience as approved by the Board. 9
(g) “License” means, unless the context requires otherwise, a license issued by the 10
Board to practice as an environmental health specialist. 11
(h) “Licensed environmental health specialist” means an individual licensed by 12
the Board to practice as an environmental health specialist. 13
(i) “Practice as an environmental health specialist” means, as a major component 14
of employment, to apply academic principles, methods and procedures of the 15
environmental, physical, biological, and health sciences to the inspections and 16
investigations necessary to collect and analyze data and to make decisions necessary to 17
secure compliance with federal, State, and local health and environmental laws and 18
regulations specifically relating to control of the public health aspects of the environment 19
including: 20
(1) The manufacture, preparation, handling, distribution, or sale of food 21
and milk; 22
(2) Water supply and treatment; 23
(3) Wastewater treatment and disposal; 24
(4) Solid waste management and disposal; 25
(5) Vector control; 26
(6) Insect and rodent control; 27
(7) Air quality; 28
(8) Noise control; 29
(9) Product safety; 30
(10) Recreational sanitation; and 31
SENATE BILL 113 5
(11) Institutional and residential sanitation. 1
11–103. 2
THE DEPARTMENT SHALL : 3
(1) PROMOTE CONSISTENT ST ANDARDS AND REGULATI ONS UNDER 4
THIS TITLE; 5
(2) DEVELOP AND MAKE AVAILABLE STATE WIDE STANDARDS FOR 6
PRIVATE ENVIRONMENTAL HEALTH SPECIALISTS WHO WORK WITH ON –SITE 7
SEWAGE DISPOSAL SYST EMS; AND 8
(3) HOST MONTHLY INFORMATIONAL MEETINGS ON THE 9
INTERPRETATION AND A PPLICATION OF THIS T ITLE AND CORRESPONDI NG 10
REGULATIONS FOR LOCAL GOVERNMENT EMPLOYEES WHO ARE OR WORK WITH 11
ENVIRONMENTAL HEALTH SPECIALISTS. 12
11–202. 13
(a) (1) The Board consists of 9 members appointed by the Governor with the 14
advice of the Secretary, and with the advice and consent of the Senate. 15
(2) Of the 9 Board members: 16
(i) 7 shall be licensed environmental health specialists appointed as 17
follows: 18
1. 1 shall be employed by private industry; 19
2. 1 shall be employed by the Department [of the 20
Environment]; 21
3. 1 shall be employed by the MARYLAND Department OF 22
HEALTH; 23
4. 1 shall be employed by a local health department and be 24
employed under the State Personnel Management System; 25
5. 1 shall be employed by a local government and not be 26
employed under the State Personnel Management System; and 27
6. 2 shall be appointed at large; and 28
(ii) 2 shall be consumer members. 29 6 SENATE BILL 113
(3) All Board members shall be residents of the State. 1
11–301. 2
(a) Except as otherwise provided in this title, an individual shall be licensed by 3
the Board before the individual may practice as an environmental health specialist in this 4
State. 5
(b) This section does not apply to: 6
(1) An environmental health specialist–in–training as provided for under 7
[§ 21–305] § 11–305 of this subtitle; 8
(2) A student participating in a field experience as part of an educational 9
program; and 10
(3) A qualified individual in any of the following job classifications: 11
(i) Industrial hygienists as defined by the American Industrial 12
Hygiene Association; 13
(ii) Certified industrial hygienists and industrial hygienists in 14
training as defined by the American Board of Industrial Hygiene; 15
(iii) Health planners or natural resource planners; 16
(iv) Building and housing inspectors; 17
(v) Geologists; 18
(vi) Chemists; 19
(vii) Meteorologists; 20
(viii) Laboratory scientists; 21
(ix) Professional engineers who are licensed in this State under Title 22
14 of the Business Occupations and Professions Article and whose normal professional 23
activities are among the activities specified in [§ 21–101(i)] § 11–101(I) of this title; 24
(x) Public health engineers and water resources engineers employed 25
by the State or a local subdivision; 26
(xi) Hydrographers and hydrographic engineers; 27
(xii) Natural resources managers; 28 SENATE BILL 113 7
(xiii) Natural resources biologists; 1
(xiv) Program administrators, administration directors, 2
administrators, administrative officers, and administrative specialists; 3
(xv) Paraprofessional personnel, aides, and technicians whose 4
routine duties include monitoring, sampling, and recording of data; 5
(xvi) Persons employed by the Department of Natural Resources or 6
related county departments who perform duties and responsibilities under the Natural 7
Resources Article; 8
(xvii) Persons employed by the Department [of the Environment] or 9
related county departments who perform duties and responsibilities for: 10
1. Erosion and sediment control, stormwater management, 11
or oil pollution control under Title 4 of [the Environment Article] THIS ARTICLE; 12
2. Motor vehicle pollution control under Title 2 of [the 13
Environment Article] THIS ARTICLE or Title 23 of the Transportation Article; or 14
3. Sewage sludge, water pollution control, or drinking water 15
under Title 9 of [the Environment Article] THIS ARTICLE; 16
(xviii) Persons employed by the Department [of the Environment] and 17
classified as either: 18
1. A regulatory and compliance engineer or architect; or 19
2. An environmental compliance specialist; 20
(xix) Persons employed by the Division of Labor and Industry of the 21
Maryland Department of Labor who perform duties and responsibilities under the 22
Maryland Occupational Safety and Health Act; 23
(xx) Occupational safety and health technologists as defined by the 24
American Board of Industrial Hygiene and the Board of Certified Safety Professionals; 25
(xxi) Safety professionals as defined by the American Society of Safety 26
Engineers; 27
(xxii) Certified safety professionals and associate safety professionals 28
as defined by the Board of Certified Safety Professionals; 29
8 SENATE BILL 113
(xxiii) Persons employed by industrial operations whose environmental 1
services are performed solely for their employer; and 2
(xxiv) State milk safety inspectors performing duties under the 3
National Conference on Interstate Milk Shipments and employed by the MARYLAND 4
Department OF HEALTH. 5
11–302. 6
To obtain a license, an applicant shall demonstrate to the satisfaction of the Board 7
that the applicant: 8
(1) Is at least 18 years old; 9
(2) Is of good moral character; 10
(3) Has satisfied the education and experience requirements to qualify for 11
examination under [§ 21–304] § 11–304 of this subtitle; and 12
(4) Except as otherwise provided in this title, has successfully passed an 13
examination as required by the Board. 14
11–306. 15
(b) The Board may grant a waiver only if the applicant: 16
(1) Pays the application fee required by [§ 21–303] § 11–303 of this 17
subtitle; and 18
(2) Provides adequate evidence that the applicant: 19
(i) Meets the qualifications otherwise required by this title; 20
(ii) Became licensed or registered to practice as an environmental 21
health specialist or its equivalent in the other state after passing in that state an 22
examination as a condition of licensure or registration; and 23
(iii) Has performed at least 24 months of compensated work as an 24
environmental health specialist or its equivalent in the other state. 25
11–312. 26
(b) Subject to the hearing provisions of [§ 21–313] § 11–313 of this subtitle, the 27
Board, on the affirmative vote of a majority of its full authorized membership, may deny 28
any applicant licensure, reprimand any licensee, or place any individual who is licensed on 29
probation, or suspend or revoke a license, if the applicant or licensee: 30
SENATE BILL 113 9
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
the applicant or license holder or another; 2
(2) Fraudulently or deceptively uses a license; 3
(3) Knowingly violates any provision of this title, or any rule or regulation 4
adopted under this title; 5
(4) Commits any gross negligence, incompetence, or misconduct while 6
performing the duties of an environmental health specialist; 7
(5) Is convicted of or pleads guilty or nolo contendere to a felony or to a 8
crime involving moral turpitude, whether or not any appeal or other proceeding is pending 9
to have the conviction or plea set aside; 10
(6) Provides professional services while: 11
(i) Under the influence of alcohol; or 12
(ii) Using any narcotic or controlled dangerous substance, as defined 13
in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 14
amounts or without valid medical indication; 15
(7) Is disciplined by a licensing or disciplinary authority of any other state 16
or country or convicted or disciplined by a court of any state or country for an act that would 17
be grounds for disciplinary action under the Board’s disciplinary statutes; 18
(8) Willfully makes or files a false report or record while performing the 19
duties of an environmental health specialist; 20
(9) Willfully fails to file or record any report as required by law, willfully 21
impedes or obstructs the filing or recording of the report, or induces another to fail to file 22
or record the report; 23
(10) Submits a false statement to collect a fee; 24
(11) Promotes the sale of land, devices, appliances, or goods provided for a 25
person in such a manner as to exploit the person for financial gain of the licensed 26
environmental health specialist; 27
(12) Willfully alters a sample, specimen, or any test procedure to cause the 28
results upon analysis to represent a false finding; 29
(13) Violates any rule or regulation adopted by the Board; 30
(14) Uses or promotes or causes the use of any misleading, deceiving, or 31
untruthful advertising matter, promotional literature, or testimonial; 32 10 SENATE BILL 113
(15) Is professionally, physically, or mentally incompetent; or 1
(16) Fails to cooperate with a lawful investigation conducted by the Board. 2
11–313. 3
(a) (1) Except as otherwise provided in the Administrative Procedure Act, 4
before the Board takes any action under [§ 21–312] § 11–312 of this subtitle, it shall give 5
the individual against whom this action is contemplated an opportunity for a hearing before 6
the Board. 7
(2) A hearing shall be held within a reasonable time not to exceed 6 months 8
after charges have been brought. 9
11–314. 10
Except as provided in this [section] SUBTITLE for an action under [§ 21–312] § 11
11–312 of this subtitle, any person aggrieved by a final decision of the Board in a contested 12
case, as defined in § 10–202 of the State Government Article, may take an appeal as allowed 13
in §§ 10–222 and 10–223 of the State Government Article. 14
11–402. 15
A person who violates any provision of [§ 21–301] § 11–301 of this title or [§ 16
21–401] § 11–401 of this subtitle is guilty of a misdemeanor and on conviction is subject to 17
a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both. 18
SECTION 3. AND BE IT FURTHER ENACTED, That on or before October 1, 2023, 19
the Department of the Environment shall adopt regulations establishing that the 20
requirement for a minimum area of 10,000 square feet for subsurface disposal of sewage 21
under COMAR 26.04.03.02 applies to detached dwellings. 22
SECTION 4. AND BE IT FURTHER ENACTED, That , on October 1, 2022, all the 23
functions, powers, duties, assets, liabilities, and records of the Board of Environmental 24
Health Specialists in the Maryland Department of Health shall be transferred to the 25
Department of the Environment. 26
SECTION 5. AND BE IT FURTHER ENACTED, That the publishers of the 27
Annotated Code of Maryland, in consultation with and subject to the approval of the 28
Department of Legislative Services, shall correct, with no further action required by the 29
General Assembly, cross–references and terminology rendered incorrect by this Act. The 30
publishers shall adequately describe any correction in an editor’s note following the section 31
affected. 32
SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect 33
October 1, 2022. 34