Maryland 2022 Regular Session

Maryland Senate Bill SB113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0113
6	6
7	7	SENATE BILL 113
8	8	M3, J2 2lr1130
9	9	(PRE–FILED)
10	10	By: Senator Hester
11	11	Requested: November 1, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Education, Health, and Environmental Affairs
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Environmental Health Specialists and On –Site Sewage Disposal Systems – 2
20	20	Transfer of Responsibilities and Standards, Regulations, Applications, and 3
21	21	Plans 4
22	22
23	23	FOR the purpose of transferring certain responsibilities and standards, regulations, 5
24	24	applications, and plans governing environmental health specialists, and the Board 6
25	25	of Environmental Health Specialists, from the Maryland Department of Health to 7
26	26	the Department of the Environment; requiring the Department of the Environment 8
27	27	to take certain actions regarding applications and plans for the installation of 9
28	28	on–site sewage disposal systems; requiring that an application for the installation of 10
29	29	an on–site sewage disposal system be approved or denied within a certain number of 11
30	30	months; requiring the approving authority for an application for the installation of 12
31	31	an on–site sewage disposal system to provide certain information to an applicant 13
32	32	under certain circumstances; requiring the Department of the Environment to 14
33	33	promote certain standards and regulations, develop certain statewide standards, and 15
34	34	host certain informational meetings; requiring the Department of the Environment 16
35	35	to adopt regulations on or before a certain date establishing that a certain 17
36	36	requirement regarding subsurface disposal of sewage applies to detached dwellings; 18
37	37	and generally relating to environmental health specialists and on–site sewage 19
38	38	disposal systems. 20
39	39
40	40	BY transferring 21
41	41	Article – Health Occupations 22
42	42	Section 21–101 through 21–502, respectively, and the title “Title 21. Environmental 23
43	43	Health Specialists” 24
44	44	Annotated Code of Maryland 25
45	45	(2021 Replacement Volume) 26
46	46	to be 27
47	47	Article – Environment 28 2 SENATE BILL 113
48	48
49	49
50	50	Section 11–101 through 11–502, respectively, and the title “Title 11. Environmental 1
51	51	Health Specialists” 2
52	52	Annotated Code of Maryland 3
53	53	(2014 Replacement Volume and 2021 Supplement) 4
54	54
55	55	BY repealing and reenacting, with amendments, 5
56	56	Article – Environment 6
57	57	Section 1–406 7
58	58	Annotated Code of Maryland 8
59	59	(2013 Replacement Volume and 2021 Supplement) 9
60	60
61	61	BY adding to 10
62	62	Article – Environment 11
63	63	Section 9–1114 and 11–103 12
64	64	Annotated Code of Maryland 13
65	65	(2014 Replacement Volume and 2021 Supplement) 14
66	66
67	67	BY repealing and reenacting, with amendments, 15
68	68	Article – Environment 16
69	69	Section 11–101, 11–202(a), 11–301, 11–302, 11–306(b), 11–312(b), 11–313(a), 17
70	70	11–314, and 11–402 18
71	71	Annotated Code of Maryland 19
72	72	(2014 Replacement Volume and 2021 Supplement) 20
73	73	(As enacted by Section 1 of this Act) 21
74	74
75	75	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
76	76	That Section(s) 21–101 through 21–502, respectively, and the title “Title 21. Environmental 23
77	77	Health Specialists” of Article – Health Occupations of the Annotated Code of Maryland be 24
78	78	transferred to be Section(s) 11–101 through 11–502, respectively, and the title “Title 11. 25
79	79	Environmental Health Specialists” of Article – Environment of the Annotated Code of 26
80	80	Maryland. 27
81	81
82	82	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 28
83	83	as follows: 29
84	84
85	85	Article – Environment 30
86	86
87	87	1–406. 31
88	88
89	89	The following units, among other units, are included in the Department: 32
90	90
91	91	(1) Air Quality Control Advisory Council; 33
92	92
93	93	(2) Hazardous Substances Advisory Council; 34
94	94
95	95	(3) Radiation Control Advisory Board; 35
96	96	SENATE BILL 113 3
97	97
98	98
99	99	(4) Science and Health Advisory Group; 1
100	100
101	101	(5) Board of Waterworks and Waste System Operators; 2
102	102
103	103	(6) Board of Well Drillers; 3
104	104
105	105	(7) Hazardous Waste Facilities Siting Board; [and] 4
106	106
107	107	(8) Marine Contractors Licensing Board; AND 5
108	108
109	109	(9) BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS. 6
110	110
111	111	9–1114. 7
112	112
113	113	(A) THE DEPARTMENT SHALL : 8
114	114
115	115	(1) CREATE A SYSTEM FOR T RACKING ONLINE THE S TATUS OF AN 9
116	116	APPLICATION FOR THE INSTALLATION OF AND ASSOCIATED PERMITS F OR AN 10
117	117	ON–SITE SEWAGE DISPOSAL SYSTEM; 11
118	118
119	119	(2) PROVIDE INCENTIVES TO ENCOURAGE TIMELY COMPLETION OF 12
120	120	THE REVIEW AND APPRO VAL OF PLANS FOR THE INSTAL LATION OF ON–SITE SEWAGE 13
121	121	DISPOSAL SYSTEMS; AND 14
122	122
123	123	(3) DEVELOP AND MAKE AVAI LABLE STANDARDIZED P ERMIT FORMS 15
124	124	FOR THE INSTALLATION OF ON–SITE SEWAGE DISPOSAL SYSTEMS. 16
125	125
126	126	(B) (1) AN APPLICATION FOR THE INSTALLATION OF AN ON–SITE SEWAGE 17
127	127	DISPOSAL SYSTEM SHAL L BE APPROVED OR DEN IED WITHIN 2 MONTHS AFTER 18
128	128	RECEIPT BY THE APPRO VING AUTHORITY . 19
129	129
130	130	(2) IF AN APPLICATION FOR THE INSTALLATION OF AN ON–SITE 20
131	131	SEWAGE DISPOSAL SYST EM IS DENIED, THE APPROVING AUTHOR ITY SHALL PROVIDE 21
132	132	THE APPLICANT WITH I NFORMATION ON HOW TO APPEAL THE DECISION . 22
133	133
134	134	11–101. 23
135	135
136	136	(a) In this title the following words have the meanings indicated. 24
137	137
138	138	(b) “Board” means the State Board of Environmental Health Specialists. 25
139	139
140	140	(c) “Environmental health specialist” means an individual who practices as an 26
141	141	environmental health specialist. 27
142	142	4 SENATE BILL 113
143	143
144	144
145	145	(d) “Environmental health specialist–in–training” means an individual who 1
146	146	meets the educational qualifications required under this title but has not yet completed the 2
147	147	environmental health specialist–in–training program required under [§ 21–305] § 11–305 3
148	148	of this title. 4
149	149
150	150	(e) “Environmental health specialist–in–training program” means a program of 5
151	151	training and experience under the supervision of a licensed environmental health specialist 6
152	152	or other individual acceptable to the Board. 7
153	153
154	154	(f) “Hours of approved training” means the value given to participation in 8
155	155	continuing education or experience as approved by the Board. 9
156	156
157	157	(g) “License” means, unless the context requires otherwise, a license issued by the 10
158	158	Board to practice as an environmental health specialist. 11
159	159
160	160	(h) “Licensed environmental health specialist” means an individual licensed by 12
161	161	the Board to practice as an environmental health specialist. 13
162	162
163	163	(i) “Practice as an environmental health specialist” means, as a major component 14
164	164	of employment, to apply academic principles, methods and procedures of the 15
165	165	environmental, physical, biological, and health sciences to the inspections and 16
166	166	investigations necessary to collect and analyze data and to make decisions necessary to 17
167	167	secure compliance with federal, State, and local health and environmental laws and 18
168	168	regulations specifically relating to control of the public health aspects of the environment 19
169	169	including: 20
170	170
171	171	(1) The manufacture, preparation, handling, distribution, or sale of food 21
172	172	and milk; 22
173	173
174	174	(2) Water supply and treatment; 23
175	175
176	176	(3) Wastewater treatment and disposal; 24
177	177
178	178	(4) Solid waste management and disposal; 25
179	179
180	180	(5) Vector control; 26
181	181
182	182	(6) Insect and rodent control; 27
183	183
184	184	(7) Air quality; 28
185	185
186	186	(8) Noise control; 29
187	187
188	188	(9) Product safety; 30
189	189
190	190	(10) Recreational sanitation; and 31
191	191	SENATE BILL 113 5
192	192
193	193
194	194	(11) Institutional and residential sanitation. 1
195	195
196	196	11–103. 2
197	197
198	198	THE DEPARTMENT SHALL : 3
199	199
200	200	(1) PROMOTE CONSISTENT ST ANDARDS AND REGULATI ONS UNDER 4
201	201	THIS TITLE; 5
202	202
203	203	(2) DEVELOP AND MAKE AVAILABLE STATE WIDE STANDARDS FOR 6
204	204	PRIVATE ENVIRONMENTAL HEALTH SPECIALISTS WHO WORK WITH ON –SITE 7
205	205	SEWAGE DISPOSAL SYST EMS; AND 8
206	206
207	207	(3) HOST MONTHLY INFORMATIONAL MEETINGS ON THE 9
208	208	INTERPRETATION AND A PPLICATION OF THIS T ITLE AND CORRESPONDI NG 10
209	209	REGULATIONS FOR LOCAL GOVERNMENT EMPLOYEES WHO ARE OR WORK WITH 11
210	210	ENVIRONMENTAL HEALTH SPECIALISTS. 12
211	211
212	212	11–202. 13
213	213
214	214	(a) (1) The Board consists of 9 members appointed by the Governor with the 14
215	215	advice of the Secretary, and with the advice and consent of the Senate. 15
216	216
217	217	(2) Of the 9 Board members: 16
218	218
219	219	(i) 7 shall be licensed environmental health specialists appointed as 17
220	220	follows: 18
221	221
222	222	1. 1 shall be employed by private industry; 19
223	223
224	224	2. 1 shall be employed by the Department [of the 20
225	225	Environment]; 21
226	226
227	227	3. 1 shall be employed by the MARYLAND Department OF 22
228	228	HEALTH; 23
229	229
230	230	4. 1 shall be employed by a local health department and be 24
231	231	employed under the State Personnel Management System; 25
232	232
233	233	5. 1 shall be employed by a local government and not be 26
234	234	employed under the State Personnel Management System; and 27
235	235
236	236	6. 2 shall be appointed at large; and 28
237	237
238	238	(ii) 2 shall be consumer members. 29 6 SENATE BILL 113
239	239
240	240
241	241
242	242	(3) All Board members shall be residents of the State. 1
243	243
244	244	11–301. 2
245	245
246	246	(a) Except as otherwise provided in this title, an individual shall be licensed by 3
247	247	the Board before the individual may practice as an environmental health specialist in this 4
248	248	State. 5
249	249
250	250	(b) This section does not apply to: 6
251	251
252	252	(1) An environmental health specialist–in–training as provided for under 7
253	253	[§ 21–305] § 11–305 of this subtitle; 8
254	254
255	255	(2) A student participating in a field experience as part of an educational 9
256	256	program; and 10
257	257
258	258	(3) A qualified individual in any of the following job classifications: 11
259	259
260	260	(i) Industrial hygienists as defined by the American Industrial 12
261	261	Hygiene Association; 13
262	262
263	263	(ii) Certified industrial hygienists and industrial hygienists in 14
264	264	training as defined by the American Board of Industrial Hygiene; 15
265	265
266	266	(iii) Health planners or natural resource planners; 16
267	267
268	268	(iv) Building and housing inspectors; 17
269	269
270	270	(v) Geologists; 18
271	271
272	272	(vi) Chemists; 19
273	273
274	274	(vii) Meteorologists; 20
275	275
276	276	(viii) Laboratory scientists; 21
277	277
278	278	(ix) Professional engineers who are licensed in this State under Title 22
279	279	14 of the Business Occupations and Professions Article and whose normal professional 23
280	280	activities are among the activities specified in [§ 21–101(i)] § 11–101(I) of this title; 24
281	281
282	282	(x) Public health engineers and water resources engineers employed 25
283	283	by the State or a local subdivision; 26
284	284
285	285	(xi) Hydrographers and hydrographic engineers; 27
286	286
287	287	(xii) Natural resources managers; 28 SENATE BILL 113 7
288	288
289	289
290	290
291	291	(xiii) Natural resources biologists; 1
292	292
293	293	(xiv) Program administrators, administration directors, 2
294	294	administrators, administrative officers, and administrative specialists; 3
295	295
296	296	(xv) Paraprofessional personnel, aides, and technicians whose 4
297	297	routine duties include monitoring, sampling, and recording of data; 5
298	298
299	299	(xvi) Persons employed by the Department of Natural Resources or 6
300	300	related county departments who perform duties and responsibilities under the Natural 7
301	301	Resources Article; 8
302	302
303	303	(xvii) Persons employed by the Department [of the Environment] or 9
304	304	related county departments who perform duties and responsibilities for: 10
305	305
306	306	1. Erosion and sediment control, stormwater management, 11
307	307	or oil pollution control under Title 4 of [the Environment Article] THIS ARTICLE; 12
308	308
309	309	2. Motor vehicle pollution control under Title 2 of [the 13
310	310	Environment Article] THIS ARTICLE or Title 23 of the Transportation Article; or 14
311	311
312	312	3. Sewage sludge, water pollution control, or drinking water 15
313	313	under Title 9 of [the Environment Article] THIS ARTICLE; 16
314	314
315	315	(xviii) Persons employed by the Department [of the Environment] and 17
316	316	classified as either: 18
317	317
318	318	1. A regulatory and compliance engineer or architect; or 19
319	319
320	320	2. An environmental compliance specialist; 20
321	321
322	322	(xix) Persons employed by the Division of Labor and Industry of the 21
323	323	Maryland Department of Labor who perform duties and responsibilities under the 22
324	324	Maryland Occupational Safety and Health Act; 23
325	325
326	326	(xx) Occupational safety and health technologists as defined by the 24
327	327	American Board of Industrial Hygiene and the Board of Certified Safety Professionals; 25
328	328
329	329	(xxi) Safety professionals as defined by the American Society of Safety 26
330	330	Engineers; 27
331	331
332	332	(xxii) Certified safety professionals and associate safety professionals 28
333	333	as defined by the Board of Certified Safety Professionals; 29
334	334	8 SENATE BILL 113
335	335
336	336
337	337	(xxiii) Persons employed by industrial operations whose environmental 1
338	338	services are performed solely for their employer; and 2
339	339
340	340	(xxiv) State milk safety inspectors performing duties under the 3
341	341	National Conference on Interstate Milk Shipments and employed by the MARYLAND 4
342	342	Department OF HEALTH. 5
343	343
344	344	11–302. 6
345	345
346	346	To obtain a license, an applicant shall demonstrate to the satisfaction of the Board 7
347	347	that the applicant: 8
348	348
349	349	(1) Is at least 18 years old; 9
350	350
351	351	(2) Is of good moral character; 10
352	352
353	353	(3) Has satisfied the education and experience requirements to qualify for 11
354	354	examination under [§ 21–304] § 11–304 of this subtitle; and 12
355	355
356	356	(4) Except as otherwise provided in this title, has successfully passed an 13
357	357	examination as required by the Board. 14
358	358
359	359	11–306. 15
360	360
361	361	(b) The Board may grant a waiver only if the applicant: 16
362	362
363	363	(1) Pays the application fee required by [§ 21–303] § 11–303 of this 17
364	364	subtitle; and 18
365	365
366	366	(2) Provides adequate evidence that the applicant: 19
367	367
368	368	(i) Meets the qualifications otherwise required by this title; 20
369	369
370	370	(ii) Became licensed or registered to practice as an environmental 21
371	371	health specialist or its equivalent in the other state after passing in that state an 22
372	372	examination as a condition of licensure or registration; and 23
373	373
374	374	(iii) Has performed at least 24 months of compensated work as an 24
375	375	environmental health specialist or its equivalent in the other state. 25
376	376
377	377	11–312. 26
378	378
379	379	(b) Subject to the hearing provisions of [§ 21–313] § 11–313 of this subtitle, the 27
380	380	Board, on the affirmative vote of a majority of its full authorized membership, may deny 28
381	381	any applicant licensure, reprimand any licensee, or place any individual who is licensed on 29
382	382	probation, or suspend or revoke a license, if the applicant or licensee: 30
383	383	SENATE BILL 113 9
384	384
385	385
386	386	(1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
387	387	the applicant or license holder or another; 2
388	388
389	389	(2) Fraudulently or deceptively uses a license; 3
390	390
391	391	(3) Knowingly violates any provision of this title, or any rule or regulation 4
392	392	adopted under this title; 5
393	393
394	394	(4) Commits any gross negligence, incompetence, or misconduct while 6
395	395	performing the duties of an environmental health specialist; 7
396	396
397	397	(5) Is convicted of or pleads guilty or nolo contendere to a felony or to a 8
398	398	crime involving moral turpitude, whether or not any appeal or other proceeding is pending 9
399	399	to have the conviction or plea set aside; 10
400	400
401	401	(6) Provides professional services while: 11
402	402
403	403	(i) Under the influence of alcohol; or 12
404	404
405	405	(ii) Using any narcotic or controlled dangerous substance, as defined 13
406	406	in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 14
407	407	amounts or without valid medical indication; 15
408	408
409	409	(7) Is disciplined by a licensing or disciplinary authority of any other state 16
410	410	or country or convicted or disciplined by a court of any state or country for an act that would 17
411	411	be grounds for disciplinary action under the Board’s disciplinary statutes; 18
412	412
413	413	(8) Willfully makes or files a false report or record while performing the 19
414	414	duties of an environmental health specialist; 20
415	415
416	416	(9) Willfully fails to file or record any report as required by law, willfully 21
417	417	impedes or obstructs the filing or recording of the report, or induces another to fail to file 22
418	418	or record the report; 23
419	419
420	420	(10) Submits a false statement to collect a fee; 24
421	421
422	422	(11) Promotes the sale of land, devices, appliances, or goods provided for a 25
423	423	person in such a manner as to exploit the person for financial gain of the licensed 26
424	424	environmental health specialist; 27
425	425
426	426	(12) Willfully alters a sample, specimen, or any test procedure to cause the 28
427	427	results upon analysis to represent a false finding; 29
428	428
429	429	(13) Violates any rule or regulation adopted by the Board; 30
430	430
431	431	(14) Uses or promotes or causes the use of any misleading, deceiving, or 31
432	432	untruthful advertising matter, promotional literature, or testimonial; 32 10 SENATE BILL 113
433	433
434	434
435	435
436	436	(15) Is professionally, physically, or mentally incompetent; or 1
437	437
438	438	(16) Fails to cooperate with a lawful investigation conducted by the Board. 2
439	439
440	440	11–313. 3
441	441
442	442	(a) (1) Except as otherwise provided in the Administrative Procedure Act, 4
443	443	before the Board takes any action under [§ 21–312] § 11–312 of this subtitle, it shall give 5
444	444	the individual against whom this action is contemplated an opportunity for a hearing before 6
445	445	the Board. 7
446	446
447	447	(2) A hearing shall be held within a reasonable time not to exceed 6 months 8
448	448	after charges have been brought. 9
449	449
450	450	11–314. 10
451	451
452	452	Except as provided in this [section] SUBTITLE for an action under [§ 21–312] § 11
453	453	11–312 of this subtitle, any person aggrieved by a final decision of the Board in a contested 12
454	454	case, as defined in § 10–202 of the State Government Article, may take an appeal as allowed 13
455	455	in §§ 10–222 and 10–223 of the State Government Article. 14
456	456
457	457	11–402. 15
458	458
459	459	A person who violates any provision of [§ 21–301] § 11–301 of this title or [§ 16
460	460	21–401] § 11–401 of this subtitle is guilty of a misdemeanor and on conviction is subject to 17
461	461	a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both. 18
462	462
463	463	SECTION 3. AND BE IT FURTHER ENACTED, That on or before October 1, 2023, 19
464	464	the Department of the Environment shall adopt regulations establishing that the 20
465	465	requirement for a minimum area of 10,000 square feet for subsurface disposal of sewage 21
466	466	under COMAR 26.04.03.02 applies to detached dwellings. 22
467	467
468	468	SECTION 4. AND BE IT FURTHER ENACTED, That , on October 1, 2022, all the 23
469	469	functions, powers, duties, assets, liabilities, and records of the Board of Environmental 24
470	470	Health Specialists in the Maryland Department of Health shall be transferred to the 25
471	471	Department of the Environment. 26
472	472
473	473	SECTION 5. AND BE IT FURTHER ENACTED, That the publishers of the 27
474	474	Annotated Code of Maryland, in consultation with and subject to the approval of the 28
475	475	Department of Legislative Services, shall correct, with no further action required by the 29
476	476	General Assembly, cross–references and terminology rendered incorrect by this Act. The 30
477	477	publishers shall adequately describe any correction in an editor’s note following the section 31
478	478	affected. 32
479	479
480	480	SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect 33
481	481	October 1, 2022. 34