EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0011*
HOUSE BILL 11
M3, N1 3lr0942
HB 250/22 – ENT (PRE–FILED)
By: Delegate Stewart
Requested: November 18, 2022
Introduced and read first time: January 11, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Private Well Safety Act of 2023 2
FOR the purpose of establishing the Private Well Safety Program in the Department of the 3
Environment to manage and, subject to the availability of certain funding, address 4
the contamination of certain private and domestic water supply wells in the State; 5
establishing the Private Well Safety Fund to award grants to certain counties and 6
households for costs associated with water quality testing and remediation; 7
requiring the Department to utilize an online portal to receive and upload certain 8
information and to provide public access to the information; requiring a 9
State–certified laboratory that conducts water quality testing of certain wells to 10
submit to the Department certain results of water quality testing in a certain 11
manner; requiring a contract for the sale of real property on which a certain well is 12
located to include a provision requiring, as a condition of the sale, that the purchaser 13
ensure that certain water quality testing be conducted; and generally relating to 14
private and domestic water supply wells in the State. 15
BY adding to 16
Article – Environment 17
Section 9–4A–01 to be under the new part “Part I. Definitions”; 9–4A–04 through 18
9–4A–10 to be under the new part “Part II. Program and Fund”; and 9–4A–13 19
to be under the new part “Part III. Private Well Water Quality Database” 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2022 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Environment 24
Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property” 25
Annotated Code of Maryland 26
(2014 Replacement Volume and 2022 Supplement) 27
2 HOUSE BILL 11
BY adding to 1
Article – Real Property 2
Section 10–713 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2022 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Environment 8
PART I. DEFINITIONS. 9
9–4A–01. 10
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(B) “CONTAMINATION ” MEANS THAT WATER QUA LITY TESTING FOR A 13
COVERED HOUSEHOLD DE MONSTRATED THAT : 14
(1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEGAL 15
THRESHOLD LIMIT ON T HE AMOUNT OF THE SUB STANCE THAT IS ALLOW ED IN A 16
PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR 17
(2) THERE IS A HARMFUL LE VEL OF ANOTHER CONTA MINANT, AS 18
DETERMINED BY THE DEPARTMENT . 19
(C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO 20
RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL. 21
(D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT : 22
(1) IS AWARDED A GRANT UN DER THE FUND FOR DISTRIBUTION TO 23
COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING 24
AND REMEDIATION ; AND 25
(2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLI SHED UNDER § 26
9–4A–08 OF THIS SUBTITLE. 27
(E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND. 28
(F) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN AWARDED 29
A GRANT UNDER THE FUND. 30
HOUSE BILL 11 3
(G) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD THA T IS: 1
(1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE 2
DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND 3
(2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE 4
THAT IS ALLOW ED IN A PUBLIC WATER SYSTEM UNDER THE FED ERAL SAFE 5
DRINKING WATER ACT. 6
(H) “PRIVATE WELL” MEANS A PRIVATE OR D OMESTIC WATER SUPPLY WELL 7
THAT IS A SOURCE OF POTABLE WATER . 8
(I) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM. 9
(J) “REMEDIATION” INCLUDES: 10
(1) THE DRILLING OF A NEW WELL; AND 11
(2) CONNECTION TO A PUBLI C WATER SUPPLY . 12
(K) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY SAMPLING, 13
TESTING, AND ANALYSIS: 14
(I) CONDUCTED BY A STATE–APPROVED WATER SAMPL ER AND 15
A STATE–APPROVED LAB ORATORY FOR A PRIVAT E WELL; AND 16
(II) OF WHICH THE MINIMUM SAMPLING CRITERIA IN CLUDE 17
BACTERIA, NITRATE, AND TURBIDITY . 18
(2) “WATER QUALITY TESTING ” INCLUDES WATER QUALI TY 19
SAMPLING OF ANY CONT AMINANT OF CONCERN , AS DETERMINED BY THE 20
DEPARTMENT . 21
9–4A–02. RESERVED. 22
9–4A–03. RESERVED. 23
PART II. PROGRAM AND FUND. 24
9–4A–04. 25
(A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT . 26
4 HOUSE BILL 11
(B) THE PURPOSE OF THE PROGRAM IS TO MANAGE AND, SUBJECT TO THE 1
AVAILABILITY OF FUND ING IN THE FUND, ADDRESS THE CONTAMINATION OF 2
PRIVATE WELLS IN THE STATE. 3
(C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 4
SUBTITLE. 5
9–4A–05. 6
(A) THERE IS A PRIVATE WELL SAFETY FUND. 7
(B) THE PURPOSE OF THE FUND IS TO AWARD GRAN TS TO ELIGIBLE 8
COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR CO STS 9
ASSOCIATED WITH WATE R QUALITY TESTING AN D REMEDIATION . 10
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 11
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 12
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 13
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 14
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 15
(E) THE FUND CONSISTS OF : 16
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 17
AND 18
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 19
THE BENEFIT OF THE FUND. 20
(F) THE FUND MAY BE USED ONLY FOR AWARDING GRANTS : 21
(1) TO ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVE RED 22
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOC IATED WITH WATER QUA LITY 23
TESTING AND REMEDIAT ION; AND 24
(2) TO COVERED HOUSEHOLDS LO CATED IN AN INELIGIB LE COUNTY 25
TO ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 26
REMEDIATION . 27
9–4A–06. 28
HOUSE BILL 11 5
(A) THE DEPARTMENT SHALL ESTA BLISH A GRANT APPLIC ATION PROCESS 1
FOR AWARDING A GRANT UNDER THE FUND IN ACCORDA NCE WITH THIS SUBTIT LE. 2
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 3
DEPARTMENT MAY ESTABL ISH A GRANT APPLICAT ION FEE. 4
(2) (I) THE APPLICATION FEE F OR AN AWARD FOR WATE R QUALITY 5
TESTING MAY NOT EXCE ED $10; AND 6
(II) THE APPLICATION FEE FOR AN AWARD FOR REM EDIATION 7
MAY NOT EXCEED $250. 8
(3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A 9
CASE–BY–CASE BASIS, BASED ON HOUSEHOLD I NCOME. 10
(C) IN AN APPLICATION FOR A GRANT AWARD UNDER THE FUND, A 11
COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME 12
TAX RETURN OR AN AFF IDAVIT OF: 13
(1) A FILING OF A HOUSEHOL D INCOME EXEMPTION ; 14
(2) A HOUSEHOLD INCOME RED UCTION; OR 15
(3) THE PROJECTED HOUSEHO LD INCOME FOR THE CU RRENT YEAR. 16
9–4A–07. 17
THE DEPARTMENT SHALL : 18
(1) PROVIDE NOTICE TO EAC H COUNTY OF: 19
(I) THE FUND; AND 20
(II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER § 21
9–4A–06 OF THIS SUBTITLE; 22
(2) FOR THE PURPOSE OF IN FORMING COVERED HOUS EHOLDS IN 23
INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSI TE INFORMATION O N: 24
(I) THE FUND; AND 25
(II) THE GRANT APPLICATION PROCESS; AND 26
(3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS, 27
PUBLISH ON ITS WEBSI TE INFORMATION ON WA TER QUALITY TESTING , INCLUDING: 28 6 HOUSE BILL 11
(I) RESOURCES FOR WATER Q UALITY TESTING AND 1
REMEDIATIO N; 2
(II) CONTACT INFORMATION F OR LICENSED WELL DRI LLERS, 3
PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING 4
LABORATORIES ; 5
(III) INFORMATION ON POTENT IAL CONTAMINANTS OF 6
CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER ; AND 7
(IV) INFORMATION ON THE IMPO RTANCE OF ANNUAL TES TING. 8
9–4A–08. 9
A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AW ARD IN ACCORDANCE WI TH 10
THIS SUBTITLE IF THE COUNTY AGREES TO ENG AGE IN OUTREACH ACTI VITIES: 11
(1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND 12
PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALLY TE STING WELL 13
WATER FOR CONTAMINAN TS; AND 14
(2) THAT, AT A MINIMUM, INCLUDE: 15
(I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE; 16
(II) PROVIDING INFORMATION TO RESIDENTS OVER TH E 17
TELEPHONE WHEN A RESIDENT CALLS THE C OUNTY ABOUT WATER QU ALITY 18
TESTING OR REMEDIATI ON OR THE PROGRAM; AND 19
(III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT 20
IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE. 21
9–4A–09. 22
(A) IN ACCORDANCE WITH TH IS SUBTITLE, AND SUBJECT T O THE 23
AVAILABILITY OF FUND ING IN THE FUND, THE DEPARTMENT MAY AWARD A GRANT 24
UNDER THE FUND TO: 25
(1) AN ELIGIBLE COUNTY FO R DISTRIBUTION TO CO VERED 26
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOC IATED WITH WATER QUA LITY 27
TESTING AND REMEDIAT ION; AND 28
HOUSE BILL 11 7
(2) A COVERED HOUSEHOLD LOCAT ED IN AN INELIGIBLE COUNTY TO 1
ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 2
REMEDIATION . 3
(B) IN AWARDING A GRANT T O AN ELIGIBLE COUNTY UNDER THIS SUBTITLE , 4
THE DEPARTMENT MAY CONSID ER: 5
(1) THE ESTIMATED PROPORT ION OF COVERED HOUSEHOLD S IN THE 6
ELIGIBLE COUNTY ; 7
(2) THE COUNTY ’S SPECIFIC NEEDS REL ATED TO THE COSTS OF 8
ADMINISTERING AND IM PLEMENTING GRANTS UN DER THE FUND; 9
(3) THE COUNTY’S NEED TO ADDRESS PU BLIC HEALTH CONCERNS OR 10
SPECIFIC CONTAMINATI ON CONCERNS ; AND 11
(4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE 12
DEPARTMENT . 13
(C) (1) THE DEPARTMENT OR AN ELIG IBLE COUNTY SHALL : 14
(I) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR WATER 15
QUALITY TESTING ON : 16
1. SAMPLING PARAMETERS AND COSTS ; AND 17
2. AN INCOME GUIDELINE SCA LE ESTABLISHED BY TH E 18
DEPARTMENT ; AND 19
(II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR 20
REMEDIATION ON AN IN COME GUIDELINE SCALE ESTABLISHED BY THE 21
DEPARTMENT . 22
(2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWAR D A GRANT 23
FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND 24
REMEDIATION TO A COV ERED HOUSEHOLD THAT CAN DEMONSTRATE HOUS EHOLD 25
INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVE L. 26
(D) (1) THIS SUBSECTION APPLI ES TO A GRANT AWARD FOR THE COSTS 27
ASSOCIATED W ITH REMEDIATION . 28
(2) A COVERED HOUSEHOLD SH ALL, ON SATISFACTORY COMP LETION 29
OF THE REMEDIATION P ROJECT, MAKE PAYMENT DIRECTL Y TO THE LICENSED WE LL 30 8 HOUSE BILL 11
DRILLER, WATER CONDITIONER IN STALLER, OR PUMP INSTALLER TH AT HAS BEEN 1
CONTRACTED TO PERFOR M THE REMEDIATION PROJECT. 2
(E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT 3
UNDER THE FUND FOR COSTS ASSOCI ATED WITH: 4
(1) ANY WORK OR TESTING C ONDUCTED BEFORE THE GRANT AWARD 5
WAS APPROVED BY THE DEPARTMENT OR ELIGIBL E COUNTY; 6
(2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ; 7
(3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED 8
CONTAMINATION CRITER IA; 9
(4) DUG WELLS; AND 10
(5) POINT–DRIVEN WELLS . 11
(F) A COVERED HOUSEHOLD MA Y NOT RECEIVE A GRAN T AWARD UNDER 12
THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR 13
WATER QUALITY TESTIN G AND ONE GRANT AWAR D FOR REMEDIATION . 14
(G) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IDE NTIFY A LIST OF 15
ADDITIONAL STANDARDS FOR WATER QUALITY TE STING THAT THE DEPARTMENT 16
DEEMS NECESSARY FOR EACH COUNTY OR ANY S PECIFIC AREA WITHIN A C OUNTY, 17
INCLUDING REQUIRING , AS APPROPRIATE , TESTING FOR: 18
(1) MANGANESE; 19
(2) ARSENIC; 20
(3) RADON; 21
(4) MERCURY; AND 22
(5) ALL VOLATILE ORGANIC COMPOUNDS FOR WHICH THERE IS A 23
MAXIMUM CONTAMINANT LEVEL. 24
9–4A–10. 25
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIV ED A 26
GRANT AWARD IN ACCOR DANCE WITH THIS SUBT ITLE SHALL SUBMIT TO THE 27
DEPARTMENT A REPORT T HAT INCLUDES , FOR THE IMMEDIATELY PRECEDING 28
FISCAL YEAR: 29
HOUSE BILL 11 9
(1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A 1
GRANT AWARD; 2
(2) THE DOLLAR AMOUNT AWA RDED TO EACH HOUSEHO LD, 3
CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION; 4
(3) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 5
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 6
EXCEEDS THE MAXIMUM CO NTAMINANT LEVEL FOR THAT SUBSTANCE , 7
CATEGORIZED BY CENSU S TRACT OR OTHER IDENTIFYING FACTORS; 8
(4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 9
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 10
SUBSTANCE THAT EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT 11
SUBSTANCE, CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ; 12
(5) THE LOCATION OF AREAS OF POTENTIAL CONCERN ; 13
(6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 14
CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ; 15
(7) ANY OTHER INFORMATION TO FURTHER EXPLAIN O R QUALIFY 16
THE INFORMATION INCL UDED IN THE REPORT ; AND 17
(8) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT . 18
(B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL 19
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 20
STATE GOVERNMENT ARTICLE, ON: 21
(1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 22
UNDER THE PROGRAM AND THE PROPORTION THAT DETE CTED A SUBSTANCE THA T 23
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 24
CATEGORIZED BY COUNT Y AND CENSUS TRACT O R OTHER IDENTIFYING FACTORS; 25
(2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 26
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION T HAT DETECTED A 27
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 28
SUBSTANCE, CATEGORIZED BY COUNT Y AND CENSUS TRACT O R OTHER IDENTIFYING 29
FACTORS; 30
(3) THE LOCATION OF AREAS OF KNOWN CONTAMINATION ; 31
10 HOUSE BILL 11
(4) A DESCRIPTION OF T HE BENEFITS REALIZED AND DEFICIENCIES 1
ADDRESSED AS A RESUL T OF THE PROGRAM AND RECOMMEND ATIONS FOR ANY 2
APPROPRIATE LEGISLAT IVE ACTION; AND 3
(5) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 4
CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS . 5
9–4A–11. RESERVED. 6
9–4A–12. RESERVED. 7
PART III. PRIVATE WELL WATER QUALITY DATABASE. 8
9–4A–13. 9
(A) THE DEPARTMENT SHALL UTIL IZE AN ONLINE PORTAL : 10
(1) TO RECEIVE THE RESULT S OF WATER QUALITY T ESTING FROM 11
STATE–CERTIFIED LABORATORI ES AND THE MARYLAND GEOLOGICAL SURVEY; 12
(2) TO UPLOAD CERTIFICATE S OF POTABILITY AS R EQUIRED UNDER 13
COMAR 26.04.04.30, RESULTS OF WATER QUA LITY TESTING , AND OTHER 14
RELEVANT INFORMATION SUBMITTED TO THE DEPARTMENT RELATED TO PRIVATE 15
WELLS, ON AT LEAST A QUARTE RLY BASIS; AND 16
(3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATI ON RECEIVED 17
UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THAT IS E ASY TO USE 18
AND CATEGORIZED BY C OUNTY. 19
(B) ON AN ONGOING BASIS , A COUNTY MAY SUBMIT TO THE DEPARTMENT 20
RECORDS OF CERTIFICA TES OF POT ABILITY, AS REQUIRED UNDER COMAR 21
26.04.04.30, AND ANY RESULTS OF W ATER QUALITY TESTING RECEIVED 22
VOLUNTARILY FROM RES IDENTS. 23
(C) ON A QUARTERLY BASIS , A STATE–CERTIFIED LABORATORY THAT 24
CONDUCTS WATER QUALI TY TESTING OF PRIVAT E WELLS FOR THE PURP OSE OF 25
IMPLEMENTING THIS SUBTI TLE SHALL SUBMIT TO THE DEPARTMENT THE RESULT S 26
OF EACH WATER QUALIT Y TEST CONDUCTED BY THE LABORATORY IN A MANNER 27
DETERMINED BY THE DEPARTMENT . 28
9–4A–14. RESERVED. 29
9–4A–15. RESERVED. 30
HOUSE BILL 11 11
PART IV. RESIDENTIAL RENTAL PROPERTY. 1
[9–4A–01.] 9–4A–16. 2
(a) An owner of residential rental property that is served by a private [water 3
supply] well shall: 4
(1) Provide for water quality testing every 3 years; 5
(2) Disclose to a tenant the results of the water quality testing; and 6
(3) Notify a tenant: 7
(i) After any water quality test required under item (1) of this 8
subsection is complete; and 9
(ii) Of the most recent water quality test when they sign a lease. 10
(b) (1) The requirements of this subsection apply when a private [water 11
supply] well is contaminated by a substance that exceeds: 12
(i) The maximum contaminant level for that substance that is set 13
by the U.S. Environmental Protection Agency for drinking water quality; or 14
(ii) A harmful level for that substance, as determined by the 15
Department. 16
(2) When a water quality test reveals a private [water supply] well is 17
contaminated, the owner of a residential rental property that is served by the well shall: 18
(i) Notify the Department and the local health department about 19
the contamination; 20
(ii) Provide an approved potable water supply until the 21
contamination is permanently remediated; and 22
(iii) Within 60 days of the date on which the owner knew of the 23
contamination, resolve the issue, including by: 24
1. Providing an approved potable water supply on an ongoing 25
basis; 26
2. Permanently remediating the contamination; or 27
3. Providing the tenant with the option to terminate the 28
lease. 29 12 HOUSE BILL 11
(c) (1) A person who violates a provision of this section is subject to a civil 1
penalty not exceeding $1,000. 2
(2) A local health department may: 3
(i) Enforce this section; and 4
(ii) Collect the civil penalty provided under paragraph (1) of this 5
subsection. 6
(d) The Department shall adopt regulations to establish minimum criteria for 7
water quality testing required under this section. 8
Article – Real Property 9
10–713. 10
(A) IN THIS SECTION , “MAXIMUM CONTAMINANT LEVEL” AND “WATER 11
QUALITY TESTING ” HAVE THE MEANINGS ST ATED IN § 9–4A–01 OF THE 12
ENVIRONMENT ARTICLE. 13
(B) (1) A CONTRACT FOR THE SALE OF REAL PROPERTY ON WHI CH A 14
PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUD E A 15
PROVISION REQUIRING , AS A CONDITION OF TH E SALE, THAT THE PURCHASER 16
ENSURE THAT WATER QUALITY TESTIN G OF THE WELL BE CON DUCTED. 17
(2) (I) SETTLEMENT ON THE CONTRACT FOR THE SALE OF THE 18
REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND THE PURCHAS ER HAVE 19
EACH RECEIVED AND RE VIEWED THE RESULTS O F THE WATER QUALITY TESTING 20
CONDUCTED UNDER THIS SUBSECTION. 21
(II) AT SETTLEMENT ON THE CONTRACT FOR THE SALE OF THE 22
REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 23
WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE RESULTS OF THE WATER 24
QUALITY TESTING . 25
(3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE 26
WATER QUALITY TESTIN G REMAIN VALID FOR 3 YEARS. 27
(4) A PURCHASER MAY WAIVE IN WRITING THE WATER QUALITY 28
TESTING REQUIREMENTS UNDER THIS SUBSECTIO N. 29
HOUSE BILL 11 13
(C) (1) THIS SUBSECTION APPLI ES TO A STATE–CERTIFIED LABORATORY 1
THAT CONDUCTS WATER QUALITY TESTING FOR THE PURPOSE OF COMPL YING WITH 2
THIS SECTION. 3
(2) A STATE–CERTIFIED LABORATORY SHALL PROVIDE THE RE SULTS 4
OF A WATER QUALITY T EST ON A STANDARDIZE D REPORTING FORM , AS REQUIRED 5
BY THE DEPARTMENT OF THE ENVIRONMENT , THAT INCLUDES : 6
(I) A REPORT ON ANY SUBSTA NCE THAT EXCEEDS : 7
1. THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 8
SUBSTANCE; OR 9
2. A HARMFUL LEVEL FOR TH AT SUBSTANCE , AS 10
DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT ; AND 11
(II) INFORMATION ON THE PRIVATE WELL SAFETY FUND 12
ESTABLISHED UNDER § 9–4A–05 OF THE ENVIRONMENT ARTICLE, INCLUDING THE 13
WEBSITE OF THE DEPARTMENT OF THE ENVIRONMENT ON WHICH INFORMATION ON 14
THE FUND IS POSTED. 15
(3) A STATE–CERTIFIED LABORATORY MAY PROVIDE THE RESU LTS 16
OF WATER QUALITY TES TING ONLY TO: 17
(I) 1. THE VENDOR AND PURCHA SER OF REAL PROPE RTY 18
FOR WHICH THE WATER QUALITY TESTING WAS CONDUCTED ; AND 19
2. ANY PERSON AUTHORIZED BY THE VENDOR OR 20
PURCHASER ; 21
(II) THE DEPARTMENT OF THE ENVIRONMENT IN ACCORD ANCE 22
WITH PARAGRAPH (4) OF THIS SUBSECTION ; AND 23
(III) ANY PERSON DESIGNATED BY A COURT ORDER . 24
(4) WITHIN 5 BUSINESS DAYS AFTER COMPLETION OF WATER 25
QUALITY TESTING , A STATE–CERTIFIED LABORATORY SHALL SUBMIT TO THE 26
DEPARTMENT OF THE ENVIRONMENT THE RESUL TS OF WATER QUALITY TESTING 27
AND INCLUDE THE FOLL OWING INFORMATION : 28
(I) A STATEMENT THAT THE WATER Q UALITY TESTING IS FO R 29
THE PURPOSE OF COMPL YING WITH THIS SECTI ON; 30
14 HOUSE BILL 11
(II) THE LOCATION OF THE R EAL PROPERTY , DESCRIBED BY 1
BLOCK AND LOT NUMBER , STREET ADDRESS , COUNTY, AND, IF APPLICABLE , 2
MUNICIPALITY; 3
(III) THE NAME AND MAILING ADDRESS OF THE PERSO N THAT 4
REQUESTED THE WATER QUALITY TESTING ; 5
(IV) THE NAME OF THE EMPLO YEE OR AN AUTHORIZED 6
REPRESENTATIVE OF TH E LABORATORY WHO COL LECTED THE WELL WATER 7
SAMPLE; 8
(V) THE DATE AND TIME THA T THE WELL WATER SAMPLE WAS 9
COLLECTED AND THE SPECIFIC POINT O F COLLECTION; 10
(VI) THE DATE AND TIME THE WELL WATER SAMPLE WAS 11
ANALYZED BY THE LABO RATORY; 12
(VII) WHETHER THE WELL WATER SAMPLE IS RAW WATER OR 13
FINISHED WATER ; 14
(VIII) THE WELL TAG NUMBER , IF KNOWN; AND 15
(IX) ANY OTHER I NFORMATION REQUIRED BY THE 16
DEPARTMENT OF THE ENVIRONMENT . 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2024. 19