EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0011*
HOUSE BILL 11
M3, N1 3lr0942
HB 250/22 – ENT (PRE–FILED) CF SB 483
By: Delegate Stewart
Requested: November 18, 2022
Introduced and read first time: January 11, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2023
CHAPTER ______
AN ACT concerning 1
Private Well Safety Act of 2023 2
FOR the purpose of establishing the Private Well Safety Program in requiring the 3
Department of the Environment to manage and, subject to the availability of certain 4
funding, address the contamination of certain private and domestic water supply 5
wells in the State; establishing the Private Well Safety Fund to award grants to 6
certain counties and households for costs associated with water quality testing and 7
remediation adopt regulations on or before a certain date to identify additional 8
standards for water quality testing; requiring the Department of the Environment, 9
subject to certain funding and in consultation with the Department of Information 10
Technology, to utilize an online portal to receive and upload certain information and 11
to provide public access to the information; requiring a State–certified laboratory 12
that conducts water quality testing of certain wells to submit to the Department of 13
the Environment certain results of water quality testing in a certain manner; 14
requiring a contract for the sale of real property on which a certain well is located to 15
include a provision requiring, as a condition of the sale, that the purchaser ensure 16
that certain water quality testing be conducted; and generally relating to private and 17
domestic water supply wells in the State. 18
BY adding to 19
Article – Environment 20
Section 9–4A–01 to be under the new part “Part I. Definitions”; 9–4A–04 through 21
9–4A–10 to be under the new part “Part II. Program and Fund”; and 9–4A–13 22
to be under the new part “Part III. Private Well Water Quality Database” 23 2 HOUSE BILL 11
Section 9–4A–01 through 9–4A–03 1
Annotated Code of Maryland 2
(2014 Replacement Volume and 2022 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Environment 5
Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property” 6
Section 9–4A–01 7
Annotated Code of Maryland 8
(2014 Replacement Volume and 2022 Supplement) 9
BY adding to 10
Article – Real Property 11
Section 10–713 12
Annotated Code of Maryland 13
(2015 Replacement Volume and 2022 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Environment 17
PART I. DEFINITIONS. 18
9–4A–01. 19
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(B) “CONTAMINATION ” MEANS THAT WATER QUA LITY TESTING FOR A 22
COVERED HOUSEHOLD DE MONSTRATED THAT : 23
(1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEG AL 24
THRESHOLD LIMIT ON T HE AMOUNT OF THE SUB STANCE THAT IS ALLOW ED IN A 25
PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR 26
(2) THERE IS A HARMFUL LE VEL OF ANOTHER CONTA MINANT, AS 27
DETERMINED BY THE DEPARTMENT . 28
(C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO 29
RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL. 30
(D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT : 31
HOUSE BILL 11 3
(1) IS AWARDED A GRANT UN DER THE FUND FOR DISTRIBUTION TO 1
COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING 2
AND REMEDIATION ; AND 3
(2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLI SHED UNDER § 4
9–4A–08 OF THIS SUBTITLE. 5
(E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND. 6
(F) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN AWARDED 7
A GRANT UNDER THE FUND. 8
(G) (B) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD TH AT IS: 9
(1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE 10
DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND 11
(2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE 12
THAT IS ALLOWED IN A PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE 13
DRINKING WATER ACT. 14
(H) (C) “PRIVATE WELL” MEANS A PRIVATE OR D OMESTIC WATER SUPPLY 15
WELL THAT IS A SOURC E OF POTABLE WATER . 16
(I) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM. 17
(J) “REMEDIATION” INCLUDES: 18
(1) THE DRILLING OF A NEW WELL; AND 19
(2) CONNECTION TO A PUBLIC WATER SUPPL Y. 20
(K) (D) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY 21
SAMPLING, TESTING, AND ANALYSIS: 22
(I) CONDUCTED BY A STATE–APPROVED WATER SAMPL ER AND 23
A STATE–APPROVED LABORATORY FOR A PRIVATE WELL ; AND 24
(II) OF WHICH THE MINIMUM SAMPLING CRITERIA IN CLUDE 25
BACTERIA, NITRATE, AND TURBIDITY . 26
(2) “WATER QUALITY TESTING ” INCLUDES WATER QUALI TY 27
SAMPLING OF ANY CONT AMINANT OF CONCERN , AS DETERMINED BY THE 28
DEPARTMENT . 29
4 HOUSE BILL 11
9–4A–02. RESERVED. 1
9–4A–03. RESERVED. 2
PART II. PROGRAM AND FUND. 3
9–4A–04. 9–4A–02. 4
(A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT . 5
(B) THE PURPOSE OF THE PROGRAM IS TO MANAGE AND, SUBJECT TO THE 6
AVAILABILITY OF FUND ING IN THE FUND, ADDRESS THE CONTAMINATION OF 7
PRIVATE WELLS IN THE STATE. 8
(C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 9
SUBTITLE. 10
9–4A–05. 11
(A) THERE IS A PRIVATE WELL SAFETY FUND. 12
(B) THE PURPOSE OF THE FUND IS TO AWARD GRAN TS TO ELIGIBLE 13
COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR CO STS 14
ASSOCIATED WITH WATER QUALITY TESTIN G AND REMEDIATION . 15
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 16
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 17
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 18
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 19
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20
(E) THE FUND CONSISTS OF : 21
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 22
AND 23
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 24
THE BENEFIT OF THE FUND. 25
(F) THE FUND MAY BE USED ONLY FOR AWA RDING GRANTS : 26
HOUSE BILL 11 5
(1) TO ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVE RED 1
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOC IATED WITH WATER QUA LITY 2
TESTING AND REMEDIAT ION; AND 3
(2) TO COVERED HOUSEHOLDS LO CATED IN AN INELIGIB LE COUNTY 4
TO ASSIST WITH THE COSTS ASSOC IATED WITH WATER QUA LITY TESTING AND 5
REMEDIATION . 6
9–4A–06. 7
(A) THE DEPARTMENT SHALL ESTA BLISH A GRANT APPLIC ATION PROCESS 8
FOR AWARDING A GRANT UNDER THE FUND IN ACCORDANCE WI TH THIS SUBTITLE . 9
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 10
DEPARTMENT MAY ESTABL ISH A GRANT APPLICAT ION FEE. 11
(2) (I) THE APPLICATION FEE F OR AN AWARD FOR WATE R QUALITY 12
TESTING MAY NOT EXCE ED $10; AND 13
(II) THE APPLICATION FEE F OR AN AWARD FOR REME DIATION 14
MAY NOT EXCEED $250. 15
(3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A 16
CASE–BY–CASE BASIS, BASED ON HOUSEHOLD I NCOME. 17
(C) IN AN APPLICATION FOR A GRANT AWARD UNDER THE FUND, A 18
COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME 19
TAX RETURN OR AN AFF IDAVIT OF: 20
(1) A FILING OF A HOUSEHOL D INCOME EXEMPTION ; 21
(2) A HOUSEHOLD INCOME RED UCTION; OR 22
(3) THE PROJECTED HOUSEHO LD INCOME FOR THE CU RRENT YEAR. 23
9–4A–07. 24
THE DEPARTMENT SHALL : 25
(1) PROVIDE NOTICE TO EAC H COUNTY OF: 26
(I) THE FUND; AND 27
(II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER § 28
9–4A–06 OF THIS SUBTITLE; 29 6 HOUSE BILL 11
(2) FOR THE PURPOSE OF IN FORMING COVERED HOUS EHOLDS IN 1
INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSI TE INFORMATION ON : 2
(I) THE FUND; AND 3
(II) THE GRANT APPLICATION PROCESS; AND 4
(3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS, 5
PUBLISH ON ITS WEBSI TE INFORMATION ON WA TER QUALITY TESTING , INCLUDING: 6
(I) RESOURCES FOR WATER Q UALITY TESTING AND 7
REMEDIATION ; 8
(II) CONTACT INFORMATION F OR LICENSED WELL DRI LLERS, 9
PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING 10
LABORATORIES ; 11
(III) INFORMATION ON POTENT IAL CONTAMINANTS OF 12
CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER ; AND 13
(IV) INFORMATION ON THE IM PORTANCE OF ANNUAL T ESTING. 14
9–4A–08. 15
A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AW ARD IN ACCORDANCE WI TH 16
THIS SUBTITLE IF THE COUNTY AGREES TO ENG AGE IN OUTREACH ACTI VITIES: 17
(1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND 18
PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALLY TE STING WELL 19
WATER FOR CONTAMINAN TS; AND 20
(2) THAT, AT A MINIMUM, INCLUDE: 21
(I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE; 22
(II) PROVIDING INFORMATION TO RESIDENTS OVER TH E 23
TELEPHONE WHEN A RES IDENT CALLS THE COUN TY ABOUT WATER QUALI TY 24
TESTING OR REMEDI ATION OR THE PROGRAM; AND 25
(III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT 26
IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE. 27
9–4A–09. 28
HOUSE BILL 11 7
(A) IN ACCORDANCE WITH TH IS SUBTITLE, AND SUBJECT TO THE 1
AVAILABILITY OF FUND ING IN THE FUND, THE DEPARTMENT MAY AWARD A GRANT 2
UNDER THE FUND TO: 3
(1) AN ELIGIBLE COUNTY FO R DISTRIBUTION TO CO VERED 4
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOC IATED WITH WATER QUA LITY 5
TESTING AND REMEDIAT ION; AND 6
(2) A COVERED HOUSEHOLD LO CATED IN AN INELIGIB LE COUNTY TO 7
ASSIST WITH THE COSTS ASSOCIATED WITH WATER QUALITY T ESTING AND 8
REMEDIATION . 9
(B) IN AWARDING A GRANT T O AN ELIGIBLE COUNTY UNDER THIS SUBTITLE , 10
THE DEPARTMENT MAY CONSID ER: 11
(1) THE ESTIMATED PROPORT ION OF COVERED HOUSE HOLDS IN THE 12
ELIGIBLE COUNTY ; 13
(2) THE COUN TY’S SPECIFIC NEEDS REL ATED TO THE COSTS OF 14
ADMINISTERING AND IM PLEMENTING GRANTS UN DER THE FUND; 15
(3) THE COUNTY’S NEED TO ADDRESS PU BLIC HEALTH CONCERNS OR 16
SPECIFIC CONTAMINATI ON CONCERNS ; AND 17
(4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE 18
DEPARTMENT . 19
(C) (1) THE DEPARTMENT OR AN ELIG IBLE COUNTY SHALL : 20
(I) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR WATER 21
QUALITY TESTING ON : 22
1. SAMPLING PARAMETERS AND COSTS ; AND 23
2. AN INCOME GUIDELINE S CALE ESTABLISHED BY THE 24
DEPARTMENT ; AND 25
(II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR 26
REMEDIATION ON AN IN COME GUIDELINE SCALE ESTABLISHED BY THE 27
DEPARTMENT . 28
(2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWAR D A GRANT 29
FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND 30 8 HOUSE BILL 11
REMEDIATION TO A COV ERED HOUSEHOLD THAT CAN DEMONSTRATE HOUS EHOLD 1
INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVE L. 2
(D) (1) THIS SUBSECTION APPLIE S TO A GRANT AWARD F OR THE COSTS 3
ASSOCIATED WITH REME DIATION. 4
(2) A COVERED HOUSEHOLD SH ALL, ON SATISFACTORY COMP LETION 5
OF THE REMEDIATION P ROJECT, MAKE PAYMENT DIRECTL Y TO THE LICENSED WE LL 6
DRILLER, WATER CONDITIONER IN STALLER, OR PUMP INSTALLER THAT H AS BEEN 7
CONTRACTED TO PERFOR M THE REMEDIATION PR OJECT. 8
(E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT 9
UNDER THE FUND FOR COSTS ASSOCI ATED WITH: 10
(1) ANY WORK OR TESTING C ONDUCTED BEFORE THE GRANT AWARD 11
WAS APPROVED B Y THE DEPARTMENT OR ELIGIBL E COUNTY; 12
(2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ; 13
(3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED 14
CONTAMINATION CRITER IA; 15
(4) DUG WELLS; AND 16
(5) POINT–DRIVEN WELLS . 17
(F) A COVERED HOUSEHOLD MA Y NOT RECEIVE A GRANT AWARD UNDER 18
THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR 19
WATER QUALITY TESTIN G AND ONE GRANT AWAR D FOR REMEDIATION . 20
(G) (A) THE ON OR BEFORE DECEMBER 31, 2026, THE DEPARTMENT 21
SHALL ADOPT REGULATI ONS TO IDENTIFY A LIST OF ADDITIONAL STANDARDS FOR 22
WATER QUALITY TESTIN G THAT THE DEPARTMENT DEEMS NECE SSARY FOR EACH 23
COUNTY OR ANY SPECIF IC AREA WITHIN A COU NTY,. 24
(B) INCLUDING REQUIRING REGULATIONS ADOPTED I N ACCORDANCE WITH 25
THIS SUBSECTION MAY REQUIRE, AS APPROPRIATE , TESTING FOR: 26
(1) MANGANESE; 27
(2) ARSENIC; 28
(3) RADON; 29
HOUSE BILL 11 9
(4) MERCURY; AND 1
(5) ALL OTHER VOLATILE ORGANIC COM POUNDS FOR WHICH THE RE 2
IS A MAXIMUM CONTAMI NANT LEVEL. 3
9–4A–10. 4
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIV ED A 5
GRANT AWARD IN ACCORDANCE WITH T HIS SUBTITLE SHALL S UBMIT TO THE 6
DEPARTMENT A REPORT T HAT INCLUDES , FOR THE IMMEDIATELY PRECEDING 7
FISCAL YEAR: 8
(1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A 9
GRANT AWARD ; 10
(2) THE DOLLAR AMOUNT AWA RDED TO EACH HOUSEHO LD, 11
CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION; 12
(3) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 13
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 14
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 15
CATEGORIZED BY CENSUS TRACT OR OTHER IDENTIFYING FACTORS; 16
(4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 17
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 18
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 19
SUBSTANCE, CATEGORIZE D BY CENSUS TRACT OR OTHER IDENTIFYING FA CTORS; 20
(5) THE LOCATION OF AREAS OF POTENTIAL CONCERN ; 21
(6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 22
CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ; 23
(7) ANY OTHER INFORMATION TO FURTHER EXPLAIN OR QUALIFY 24
THE INFORMATION INCL UDED IN THE REPORT ; AND 25
(8) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT . 26
(B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL 27
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 28
STATE GOVERNMENT ARTICLE, ON: 29
(1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 30
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 31 10 HOUSE BILL 11
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 1
CATEGORIZED BY COUNT Y AND CENSUS TRACT O R OTHER IDENTIFYING FACTORS ; 2
(2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 3
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 4
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 5
SUBSTANCE, CATEGORIZED BY COUNT Y AND CENSUS TRACT O R OTHER IDENTIFYING 6
FACTORS; 7
(3) THE LOCATION OF AREAS OF KNOWN CONTAMINATION ; 8
(4) A DESCRIPTION OF THE B ENEFITS REALIZED AND DEFICIENCIES 9
ADDRESSED AS A RESUL T OF THE PROGRAM AND RECOMMEND ATIONS FOR ANY 10
APPROPRIATE LEGISLAT IVE ACTION; AND 11
(5) THE MOST COMMONLY DETECT ED CONTAMINANTS OF C ONCERN, 12
CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS . 13
9–4A–11. RESERVED. 14
9–4A–12. RESERVED. 15
PART III. PRIVATE WELL WATER QUALITY DATABASE. 16
9–4A–13. 9–4A–03. 17
(A) THE SUBJECT TO THE AVAILA BILITY OF FUNDING FOR THE PLAN NING 18
AND IMPLEMENTATION O F AN ONLINE PORTAL , AND IN CONSULTATION WITH THE 19
DEPARTMENT OF INFORMATION TECHNOLOGY , THE DEPARTMENT SHALL UTIL IZE 20
AN ONLINE PORTAL : 21
(1) TO RECEIVE THE RESULT S OF WATER QUALITY T ESTING FROM 22
STATE–CERTIFIED LABORATORIES AND THE MARYLAND GEOLOGICAL SURVEY; 23
(2) TO UPLOAD CERTIFICATE S OF POTABILITY AS R EQUIRED UNDER 24
COMAR 26.04.04.30, RESULTS OF WATER QUA LITY TESTING , AND OTHER 25
RELEVANT INFORMATION SUBMITTED TO THE DEPARTMENT RELATED TO PRIVATE 26
WELLS, ON AT LEAST A QUARTERLY BASI S; AND 27
(3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATI ON RECEIVED 28
UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THAT IS E ASY TO USE 29
AND CATEGORIZED BY C OUNTY. 30
HOUSE BILL 11 11
(B) ON AN ONGOING BASIS IMPLEMENTATION OF TH E ONLINE PORTAL 1
UNDER THIS SECTION,: 2
(1) A A COUNTY MAY SUBMIT TO THE DEPARTMENT RECORDS OF 3
CERTIFICATES OF POTA BILITY, AS REQUIRED UNDER COMAR 26.04.04.30, AND 4
ANY RESULTS OF WATER QUALITY TESTING RECE IVED VOLUNTARILY FRO M 5
RESIDENTS.; AND 6
(C) (2) ON A QUARTERLY BASIS , A A STATE–CERTIFIED LABORATORY 7
THAT CONDUCTS WATER QUALITY TESTING OF P RIVATE WELLS FOR THE PURPOSE 8
OF IMPLEMENTING THIS SUBTITLE SHALL SUBMI T TO THE DEPARTMENT THE 9
RESULTS OF EACH WATE R QUALITY TEST CONDU CTED BY THE LABORATO RY IN A 10
MANNER DETERMINED BY THE DEPARTMENT . 11
9–4A–14. RESERVED. 12
9–4A–15. RESERVED. 13
PART IV. RESIDENTIAL RENTAL PROPERTY. 14
[9–4A–01.] 9–4A–16. 9–4A–04. 15
(a) An owner of residential rental property that is served by a private [water 16
supply] well shall: 17
(1) Provide for water quality testing every 3 years; 18
(2) Disclose to a tenant the results of the water quality testing; and 19
(3) Notify a tenant: 20
(i) After any water quality test required under item (1) of this 21
subsection is complete; and 22
(ii) Of the most recent water quality test when they sign a lease. 23
(b) (1) The requirements of this subsection apply when a private [water 24
supply] well is contaminated by a substance that exceeds: 25
(i) The maximum contaminant level for that substance that is set 26
by the U.S. Environmental Protection Agency for drinking water quality; or 27
(ii) A harmful level for that substance, as determined by the 28
Department. 29
12 HOUSE BILL 11
(2) When a water quality test reveals a private [water supply] well is 1
contaminated, the owner of a residential rental property that is served by the well shall: 2
(i) Notify the Department and the local health department about 3
the contamination; 4
(ii) Provide an approved potable water supply until the 5
contamination is permanently remediated; and 6
(iii) Within 60 days of the date on which the owner knew of the 7
contamination, resolve the issue, including by: 8
1. Providing an approved potable water supply on an ongoing 9
basis; 10
2. Permanently remediating the contamination; or 11
3. Providing the tenant with the option to terminate the 12
lease. 13
(c) (1) A person who violates a provision of this section is subject to a civil 14
penalty not exceeding $1,000. 15
(2) A local health department may: 16
(i) Enforce this section; and 17
(ii) Collect the civil penalty provided under paragraph (1) of this 18
subsection. 19
(d) The Department shall adopt regulations to establish minimum criteria for 20
water quality testing required under this section. 21
Article – Real Property 22
10–713. 23
(A) IN THIS SECTION , “MAXIMUM CONTAMINANT LEVEL” AND “WATER 24
QUALITY TESTING ” HAVE THE MEANINGS ST ATED IN § 9–4A–01 OF THE 25
ENVIRONMENT ARTICLE. 26
(B) (1) A CONTRACT FOR THE SAL E OF REAL PROPERTY O N WHICH A 27
PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUD E A 28
PROVISION REQUIRING , AS A CONDITION OF THE SALE , THAT THE PURCHASER 29
ENSURE THAT WATER QUALITY TESTIN G OF THE WELL BE CON DUCTED. 30
HOUSE BILL 11 13
(2) (I) SETTLEMENT ON THE CON TRACT FOR THE SALE O F THE 1
REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND THE PURCHAS ER HAVE 2
EACH RECEIVED AND RE VIEWED TH E RESULTS OF THE WAT ER QUALITY TESTING 3
CONDUCTED UNDER THIS SUBSECTION. 4
(II) AT SETTLEMENT ON THE CONTRACT FOR THE SAL E OF THE 5
REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 6
WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE RESULTS OF THE WATER 7
QUALITY TESTING . 8
(3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE 9
WATER QUALITY TESTIN G REMAIN VALID FOR 3 YEARS. 10
(4) A PURCHASER MAY WAIVE IN WRITING THE WATER QUALITY 11
TESTING REQUIREMENTS UNDER THIS SUBSECTIO N. 12
(C) (1) THIS SUBSECTION APPLIES T O A STATE–CERTIFIED LABORATORY 13
THAT CONDUCTS WATER QUALITY TESTING FOR THE PURPOSE OF COMPL YING WITH 14
THIS SECTION. 15
(2) A STATE–CERTIFIED LABORATORY SHALL PROVIDE THE RE SULTS 16
OF A WATER QUALITY T EST ON A STANDARDIZE D REPORTING FORM , AS REQUIRED 17
BY THE DEPARTMENT OF THE ENVIRONMENT , THAT INCLUDES : 18
(I) A A REPORT ON ANY SUBSTA NCE THAT EXCEEDS : 19
1. (I) THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 20
SUBSTANCE; OR 21
2. (II) A HARMFUL LEVEL FOR TH AT SUBSTANCE , AS 22
DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT ; AND 23
(II) INFORMATION ON THE PRIVATE WELL SAFETY FUND 24
ESTABLISHED UNDER § 9–4A–05 OF THE ENVIRONMENT ARTICLE, INCLUDING THE 25
WEBSITE OF THE DEPARTMENT OF THE ENVIRONMENT ON WHICH INFORMATION ON 26
THE FUND IS POSTED. 27
(3) A STATE–CERTIFIED LABORATORY MAY PROVIDE THE RESU LTS 28
OF WATER QUALITY TES TING ONLY TO: 29
(I) 1. THE VENDOR AND PURCHA SER OF REAL PROPERTY 30
FOR WHICH THE WATER QUALITY TESTING WAS CONDUCTED ; AND 31
14 HOUSE BILL 11
2. ANY PERSON AUTHORIZED BY THE VENDOR OR 1
PURCHASER ; 2
(II) THE DEPARTMENT OF THE ENVIRONMENT IN ACCORD ANCE 3
WITH PARAGRAPH (4) OF THIS SUBSECTION ; AND 4
(III) ANY PERSON DESIGNATED BY A COURT ORDER . 5
(4) WITHIN 5 BUSINESS DAYS AFTER COMPLETION OF WATER 6
QUALITY TESTING , A STATE–CERTIFIED LABORATORY SHALL SUBMIT TO THE 7
DEPARTMENT OF THE ENVIRONMENT THE RESUL TS OF WATER QUALITY TESTING 8
AND INCLUDE THE FOLL OWING INFORMATION : 9
(I) A STATEMENT THAT THE W ATER QUALITY TESTING IS FOR 10
THE PURPOSE OF COMPL YING WITH THIS SECTI ON; 11
(II) THE LOCATION OF THE R EAL PROPERTY, DESCRIBED BY 12
BLOCK AND LOT NUMBER , STREET ADDRESS , COUNTY, AND, IF APPLICABLE , 13
MUNICIPALITY; 14
(III) THE NAME AND MAILING ADDRESS OF THE PERSO N THAT 15
REQUESTED THE WATER QUALITY TESTING ; 16
(IV) THE NAME OF THE EMPLO YEE OR AN AUTHORIZED 17
REPRESENT ATIVE OF THE LABORAT ORY WHO COLLECTED TH E WELL WATER 18
SAMPLE; 19
(V) THE DATE AND TIME THA T THE WELL WATER SAMPLE WAS 20
COLLECTED AND THE SP ECIFIC POINT OF COLL ECTION; 21
(VI) THE DATE AND TIME THE WELL WATER SAMPLE WAS 22
ANALYZED BY THE LABO RATORY; 23
(VII) WHETHER THE WELL WATER SAMPLE IS RAW WATER OR 24
FINISHED WATER ; 25
(VIII) THE WELL TAG NUMBER , IF KNOWN; AND 26
(IX) ANY OTHER INFORMATION REQUIRED BY THE 27
DEPARTMENT OF THE ENVIRONMENT . 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall tak e effect 29
October 1, 2024. 30