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.
Italics indicate opposite chamber/conference committee amendments.
*hb0011*
HOUSE BILL 11
M3, N1 (3lr0942)
ENROLLED BILL
— Environment and Transportation/Education, Energy, and the Environment —
Introduced by Delegate Stewart
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 the Department of the Environment to share certain information 15 2 HOUSE BILL 11
consistently with the Maryland Department of Health and local health departments 1
and to encourage the Maryland Department of Health and local health departments 2
to share certain information to the online portal; requiring a contract for the sale of 3
real property on which a certain well is located to include a provision requiring, as a 4
condition of the sale, that the purchaser ensure that certain water quality testing be 5
conducted; and generally relating to private and domestic water supply wells in the 6
State. 7
BY adding to 8
Article – Environment 9
Section 9–4A–01 to be under the new part “Part I. Definitions”; 9–4A–04 through 10
9–4A–10 to be under the new part “Part II. Program and Fund”; and 9–4A–13 11
to be under the new part “Part III. Private Well Water Quality Database” 12
Section 9–4A–01 through 9–4A–03 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Environment 17
Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property” 18
Section 9–4A–01 19
Annotated Code of Maryland 20
(2014 Replacement Volume and 2022 Supplement) 21
BY adding to 22
Article – Real Property 23
Section 10–713 24
Annotated Code of Maryland 25
(2015 Replacement Volume and 2022 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
Article – Environment 29
PART I. DEFINITIONS. 30
9–4A–01. 31
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 32
INDICATED. 33
(B) “CONTAMINATION ” MEANS THAT WATER QUA LITY TESTING FOR A 34
COVERED HOU SEHOLD DEMONSTRATED THAT: 35
HOUSE BILL 11 3
(1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEG AL 1
THRESHOLD LIMIT ON T HE AMOUNT OF THE SUB STANCE THAT IS ALLOW ED IN A 2
PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR 3
(2) THERE IS A HARMFUL LE VEL OF ANOTHER CONTAMINANT , AS 4
DETERMINED BY THE DEPARTMENT . 5
(C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO 6
RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL. 7
(D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT : 8
(1) IS AWARDED A GRANT UN DER THE FUND FOR DISTRIBUTION TO 9
COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING 10
AND REMEDIATION ; AND 11
(2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLI SHED UNDER § 12
9–4A–08 OF THIS SUBTITLE. 13
(E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND. 14
(F) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN AWARDED 15
A GRANT UNDER THE FUND. 16
(G) (B) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD THA T IS: 17
(1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE 18
DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND 19
(2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE 20
THAT IS ALLOWED IN A PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE 21
DRINKING WATER ACT. 22
(H) (C) “PRIVATE WELL” MEANS A PRIVATE OR D OMESTIC WATER SUPPLY 23
WELL THAT IS A SOURC E OF POTABLE WATER . 24
(I) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM. 25
(J) “REMEDIATION” INCLUDES: 26
(1) THE DRILLING OF A NEW WELL; AND 27
(2) CONNECTION TO A PUBLI C WATER SUPPLY . 28
4 HOUSE BILL 11
(K) (D) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY 1
SAMPLING, TESTING, AND ANALYSIS: 2
(I) CONDUCTED BY A STATE–APPROVED WATER SAMPL ER AND 3
A STATE–APPROVED LABORATORY FOR A PRIVATE WELL ; AND 4
(II) OF WHICH THE MINIMUM SAMPLING CRITERIA IN CLUDE 5
BACTERIA, NITRATE, AND TURBIDITY . 6
(2) “WATER QUALITY TESTING ” INCLUDES WATER QUALI TY 7
SAMPLING OF ANY CONTAMINANT OF CONCERN , AS DETERMINED BY THE 8
DEPARTMENT . 9
9–4A–02. RESERVED. 10
9–4A–03. RESERVED. 11
PART II. PROGRAM AND FUND. 12
9–4A–04. 9–4A–02. 13
(A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT . 14
(B) THE PURPOSE OF THE PROGRAM IS TO MANAGE AND , SUBJECT TO THE 15
AVAILABILITY OF FUND ING IN THE FUND, ADDRESS THE CONTAMIN ATION OF 16
PRIVATE WELLS IN THE STATE. 17
(C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 18
SUBTITLE. 19
9–4A–05. 20
(A) THERE IS A PRIVATE WELL SAFETY FUND. 21
(B) THE PURPOSE OF THE FUND IS TO AWARD GRAN TS TO ELIGIBLE 22
COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR CO STS 23
ASSOCIATED WITH WATE R QUALITY TESTING AN D REMEDIATION . 24
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 25
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS N OT 26
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 27
HOUSE BILL 11 5
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
(E) THE FUND CONSISTS OF : 3
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 4
AND 5
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 6
THE BENEFIT OF THE FUND. 7
(F) THE FUND MAY BE USED ONLY FOR AWARDING GRANTS : 8
(1) TO ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVERED 9
HOUSEHOLDS TO ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY 10
TESTING AND REMEDIAT ION; AND 11
(2) TO COVERED HOUSEHOLDS LOCATED IN AN INELIG IBLE COUNTY 12
TO ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 13
REMEDIATION . 14
9–4A–06. 15
(A) THE DEPARTMENT SHALL ESTA BLISH A GRANT APPLICATION PROCESS 16
FOR AWARDING A GRANT UNDER THE FUND IN ACCORDANCE WI TH THIS SUBTITLE . 17
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 18
DEPARTMENT MAY ESTABL ISH A GRANT APPLICAT ION FEE. 19
(2) (I) THE APPLICATION FEE F OR AN AWARD FOR WATE R QUALITY 20
TESTING MAY NOT EXCE ED $10; AND 21
(II) THE APPLICATION FEE F OR AN AWARD FOR REME DIATION 22
MAY NOT EXCEED $250. 23
(3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A 24
CASE–BY–CASE BASIS, BASED ON HOUSEHOLD I NCOME. 25
(C) IN AN APPLICATION FOR A GRANT AWARD UNDER THE FUND, A 26
COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME 27
TAX RETURN OR AN AFF IDAVIT OF: 28
(1) A FILING OF A HOUSEHOL D INCOME EXEMPTION ; 29
6 HOUSE BILL 11
(2) A HOUSEHOLD INCOME RED UCTION; OR 1
(3) THE PROJECTED HOUSEHO LD INCOME FOR THE CURRENT YEAR . 2
9–4A–07. 3
THE DEPARTMENT SHALL : 4
(1) PROVIDE NOTICE TO EAC H COUNTY OF: 5
(I) THE FUND; AND 6
(II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER § 7
9–4A–06 OF THIS SUBTITLE; 8
(2) FOR THE PURPOSE OF IN FORMING COVERED HOUSEHOLDS IN 9
INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSI TE INFORMATION ON : 10
(I) THE FUND; AND 11
(II) THE GRANT APPLICATION PROCESS; AND 12
(3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS, 13
PUBLISH ON ITS WEBSI TE INFORMATION ON WA TER QUALITY TESTING, INCLUDING: 14
(I) RESOURCES FOR WATER Q UALITY TESTING AND 15
REMEDIATION ; 16
(II) CONTACT INFORMATION F OR LICENSED WELL DRI LLERS, 17
PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING 18
LABORATORIES ; 19
(III) INFORMATION ON POTENT IAL CONTAMINAN TS OF 20
CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER ; AND 21
(IV) INFORMATION ON THE IM PORTANCE OF ANNUAL T ESTING. 22
9–4A–08. 23
A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AW ARD IN ACCORDANCE WI TH 24
THIS SUBTITLE IF THE COUNTY AGREES TO ENG AGE IN OUTREACH ACTIVITIES : 25
HOUSE BILL 11 7
(1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND 1
PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALLY TE STING WELL 2
WATER FOR CONTAMINAN TS; AND 3
(2) THAT, AT A MINIMUM, INCLUDE: 4
(I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE; 5
(II) PROVIDING INFORMATION TO RESIDENTS OVER TH E 6
TELEPHONE WHEN A RES IDENT CALLS THE COUN TY ABOUT WATER QUALI TY 7
TESTING OR REMEDIATI ON OR THE PROGRAM; AND 8
(III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT 9
IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE. 10
9–4A–09. 11
(A) IN ACCORDANCE WITH TH IS SUBTITLE, AND SUBJECT TO THE 12
AVAILABILITY OF FUND ING IN THE FUND, THE DEPARTMENT MAY AWARD A GRANT 13
UNDER THE FUND TO: 14
(1) AN ELIGIBLE COUNTY FO R DISTRIBUTION TO CO VERED 15
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOCIATED WIT H WATER QUALITY 16
TESTING AND REMEDIAT ION; AND 17
(2) A COVERED HOUSEHOLD LO CATED IN AN INELIGIB LE COUNTY TO 18
ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 19
REMEDIATION . 20
(B) IN AWARDING A GRANT T O AN ELIGIBLE COUNTY UNDER THIS SUBTITLE, 21
THE DEPARTMENT MAY CONSID ER: 22
(1) THE ESTIMATED PROPORT ION OF COVERED HOUSE HOLDS IN THE 23
ELIGIBLE COUNTY ; 24
(2) THE COUNTY ’S SPECIFIC NEEDS REL ATED TO THE COSTS OF 25
ADMINISTERING AND IM PLEMENTING GRANTS UN DER THE FUND; 26
(3) THE COUNTY’S NEED TO ADDRESS PU BLIC HEALTH CONCERNS OR 27
SPECIFIC CONTAMINATI ON CONCERNS ; AND 28
(4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE 29
DEPARTMENT . 30
8 HOUSE BILL 11
(C) (1) THE DEPARTMENT OR AN ELIG IBLE COUNTY SHALL : 1
(I) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR WATER 2
QUALITY TESTING ON : 3
1. SAMPLING PARAMETERS AND COSTS ; AND 4
2. AN INCOME GUIDELINE S CALE ESTABLISHED BY THE 5
DEPARTMENT ; AND 6
(II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR 7
REMEDIATION ON AN IN COME GUIDELINE SCALE ESTABLISHED BY THE 8
DEPARTMENT . 9
(2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWAR D A GRANT 10
FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND 11
REMEDIATION TO A COV ERED HOUSEHOLD THAT CAN DEMONSTRATE HOUS EHOLD 12
INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVEL. 13
(D) (1) THIS SUBSECTION APPLI ES TO A GRANT AWARD FOR THE COSTS 14
ASSOCIATED WITH REME DIATION. 15
(2) A COVERED HOUSEHOLD SH ALL, ON SATISFACTORY COMP LETION 16
OF THE REMEDIATION P ROJECT, MAKE PAYMENT DIRECTL Y TO THE LICENSED WE LL 17
DRILLER, WATER CONDITIO NER INSTALLER , OR PUMP INSTALLER TH AT HAS BEEN 18
CONTRACTED TO PERFOR M THE REMEDIATION PR OJECT. 19
(E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT 20
UNDER THE FUND FOR COSTS ASSOCI ATED WITH: 21
(1) ANY WORK OR TESTING C ONDUCTED BEFORE THE GRANT AWARD 22
WAS APPROVED BY THE DEPARTMENT OR ELIGIBL E COUNTY; 23
(2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ; 24
(3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED 25
CONTAMINATION CRITER IA; 26
(4) DUG WELLS; AND 27
(5) POINT–DRIVEN WELLS . 28
HOUSE BILL 11 9
(F) A COVERED HOUSEHOL D MAY NOT RECEIVE A GRANT AWARD UNDER 1
THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR 2
WATER QUALITY TESTIN G AND ONE GRANT AWAR D FOR REMEDIATION . 3
(G) (A) THE ON OR BEFORE DECEMBER 31, 2026, THE DEPARTMENT 4
SHALL ADOPT REGULATI ONS TO IDENTIFY A LIST OF ADDITIONAL STANDARDS FOR 5
WATER QUALITY TESTIN G THAT THE DEPARTMENT DEEMS NECE SSARY FOR EACH 6
COUNTY OR ANY SPECIF IC AREA WITHIN A COU NTY,. 7
(B) INCLUDING REQUIRING REGULATIONS ADOPTED I N ACCORDANCE WITH 8
THIS SUBSECTION MAY REQUIRE, AS APPROPRIATE , TESTING FOR: 9
(1) MANGANESE; 10
(2) ARSENIC; 11
(3) RADON; 12
(4) MERCURY; AND 13
(5) ALL OTHER VOLATILE ORGANIC COM POUNDS FOR WHICH THE RE 14
IS A MAXIMUM CONTAMI NANT LEVEL. 15
9–4A–10. 16
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIVED A 17
GRANT AWARD IN ACCOR DANCE WITH THIS SUBT ITLE SHALL SUBMIT TO THE 18
DEPARTMENT A REPORT T HAT INCLUDES , FOR THE IMMEDIATELY PRECEDING 19
FISCAL YEAR: 20
(1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A 21
GRANT AWARD ; 22
(2) THE DOLLAR AMOUNT AWA RDED TO EACH HOUSEHOLD , 23
CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION; 24
(3) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 25
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 26
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 27
CATEGORIZED BY CENSU S TRACT OR OTHER IDENTIFYING FACTORS; 28
(4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 29
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 30 10 HOUSE BILL 11
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 1
SUBSTANCE, CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ; 2
(5) THE LOCATION OF AREAS OF POTENTIAL CONCERN ; 3
(6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 4
CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ; 5
(7) ANY OTHER INFORMATION TO FURTH ER EXPLAIN OR QUALIF Y 6
THE INFORMATION INCL UDED IN THE REPORT ; AND 7
(8) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT . 8
(B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL 9
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 10
STATE GOVERNMENT ARTICLE, ON: 11
(1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 12
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 13
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 14
CATEGORIZED BY COUNT Y AND CENSUS TRACT OR OTHER IDENTIFYING FACTORS ; 15
(2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 16
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 17
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 18
SUBSTANCE, CATEGORIZED BY COUN TY AND CENSUS TRACT OR OTHER IDENTIFYING 19
FACTORS; 20
(3) THE LOCATION OF AREAS OF KNOWN CONTAMINATION ; 21
(4) A DESCRIPTION OF THE B ENEFITS REALIZED AND DEFICIENCIES 22
ADDRESSED AS A RESUL T OF THE PROGRAM AND RECOMMEND ATIONS FOR ANY 23
APPROPRIATE LEGISLAT IVE ACTION; AND 24
(5) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 25
CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS . 26
9–4A–11. RESERVED. 27
9–4A–12. RESERVED. 28
PART III. PRIVATE WELL WATER QUALITY DATABASE. 29
9–4A–13. 9–4A–03. 30 HOUSE BILL 11 11
(A) THE SUBJECT TO THE AVAILABILITY OF FUNDING FOR THE PLAN NING 1
AND IMPLEMENTATION O F AN ONLINE PORTAL , AND IN CONSULTATION WITH THE 2
DEPARTMENT OF INFORMATION TECHNOLOGY , THE DEPARTMENT SHALL UTIL IZE 3
AN ONLINE PORTAL : 4
(1) TO RECEIVE THE RESULT S OF WATER QUALITY T ESTING FROM 5
STATE–CERTIFIED LABORATORI ES AND THE MARYLAND GEOLOGICAL SURVEY; 6
(2) TO UPLOAD CERTIFICATE S OF POTABILITY AS R EQUIRED UNDER 7
COMAR 26.04.04.30, RESULTS OF WATER QUA LITY TESTING , AND OTHER 8
RELEVANT INFORMATION SUBMITTED TO THE DEPARTMENT RELATED TO PRIVATE 9
WELLS, ON AT LEAST A QUARTE RLY BASIS; AND 10
(3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATI ON RECEIVED 11
UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THAT IS E ASY TO USE 12
AND CATEGORIZED BY C OUNTY. 13
(B) ON AN ONGOING BASIS IMPLEMENTATION OF THE ONLINE PORTAL 14
UNDER THIS SECTION ,: 15
(1) A A COUNTY MAY SUBMIT TO THE DEPARTMENT RECORDS OF 16
CERTIFICATES OF POTA BILITY, AS REQUIRED UNDER COMAR 26.04.04.30, AND 17
ANY RESULTS OF WATER QUALITY TESTING RECE IVED VOLUNTARILY FRO M 18
RESIDENTS.; AND 19
(C) (2) ON A QUARTERLY BASIS , A A STATE–CERTIFIED LABORATORY 20
THAT CONDUCTS WATER QUALITY TESTING OF P RIVATE WELLS FOR THE PURPOSE 21
OF IMPLEMENTING THIS SUBTITLE SHALL SUBMI T TO THE DEPARTMENT THE 22
RESULTS OF EACH WATE R QUALITY TEST CONDU CTED BY THE LABORATO RY IN A 23
MANNER DETERMINED BY THE DEPARTMENT . 24
(C) THE DEPARTMENT SHALL : 25
(1) CONSISTENTLY SHARE TH E INFORMATION COLLEC TED UNDER 26
THIS SECTION WITH TH E MARYLAND DEPARTMENT OF HEALTH AND LOCAL HEAL TH 27
DEPARTMENTS ; AND 28
(2) ENCOURAGE THE MARYLAND DEPARTMENT OF HEALTH AND 29
LOCAL HEALTH DEPARTM ENTS TO SHARE RELEVA NT INFORMATION TO TH E ONLINE 30
PORTAL. 31
9–4A–14. RESERVED. 32
12 HOUSE BILL 11
9–4A–15. RESERVED. 1
PART IV. RESIDENTIAL RENTAL PROPERTY. 2
[9–4A–01.] 9–4A–16. 9–4A–04. 3
(a) An owner of residential rental property that is served by a private [water 4
supply] well shall: 5
(1) Provide for water quality testing every 3 years; 6
(2) Disclose to a tenant the results of the water quality testing; and 7
(3) Notify a tenant: 8
(i) After any water quality test required under item (1) of this 9
subsection is complete; and 10
(ii) Of the most recent water quality test when they sign a lease. 11
(b) (1) The requirements of this subsection apply when a private [water 12
supply] well is contaminated by a substance that exceeds: 13
(i) The maximum contaminant level for that substance that is set 14
by the U.S. Environmental Protection Agency for drinking water quality; or 15
(ii) A harmful level for that substance, as determined by the 16
Department. 17
(2) When a water quality test reveals a private [water supply] well is 18
contaminated, the owner of a residential rental property that is served by the well shall: 19
(i) Notify the Department and the local health department about 20
the contamination; 21
(ii) Provide an approved potable water supply until the 22
contamination is permanently remediated; and 23
(iii) Within 60 days of the date on which the owner knew of the 24
contamination, resolve the issue, including by: 25
1. Providing an approved potable water supply on an ongoing 26
basis; 27
2. Permanently remediating the contamination; or 28
HOUSE BILL 11 13
3. Providing the tenant with the option to terminate the 1
lease. 2
(c) (1) A person who violates a provision of this section is subject to a civil 3
penalty not exceeding $1,000. 4
(2) A local health department may: 5
(i) Enforce this section; and 6
(ii) Collect the civil penalty provided under paragraph (1) of this 7
subsection. 8
(d) The Department shall adopt regulations to establish minimum criteria for 9
water quality testing required under this section. 10
Article – Real Property 11
10–713. 12
(A) IN THIS SECTION , “MAXIMUM CONTAMINANT LEVEL” AND “WATER 13
QUALITY TESTING ” HAVE THE MEANINGS ST ATED IN § 9–4A–01 OF THE 14
ENVIRONMENT ARTICLE. 15
(B) (1) A CONTRACT FOR THE SALE OF REAL PROPERT Y ON WHICH A 16
PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUD E A 17
PROVISION REQUIRING , AS A CONDITION OF TH E SALE, THAT THE PURCHASER 18
ENSURE THAT WATER QUALITY TESTIN G OF THE WELL BE CON DUCTED. 19
(2) (I) SETTLEMENT ON THE C ONTRACT FOR THE SALE OF THE 20
REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND THE PURCHAS ER HAVE 21
EACH RECEIVED AND RE VIEWED THE RESULTS O F THE WATER QUALITY TESTING 22
CONDUCTED UNDER THIS SUBSECTION. 23
(II) AT SETTLEMENT ON THE CONTRACT FOR THE SAL E OF THE 24
REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 25
WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE RESULTS OF THE WATER 26
QUALITY TESTING . 27
(3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE 28
WATER QUALITY TESTIN G REMAIN VALID FOR 3 YEARS. 29
(4) A PURCHASER MAY WAIVE IN WRITING THE WATER QUALITY 30
TESTING REQUIREMENTS UNDER THIS SUBSECTIO N. 31
14 HOUSE BILL 11
(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 A REPORT ON ANY SUBSTA NCE THAT EXCEEDS : 7
1. (I) THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 8
SUBSTANCE; OR 9
2. (II) 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 ENVIRONMEN T 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 PROP ERTY 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 W ATER QUALITY TESTING IS FOR 29
THE PURPOSE OF COMPL YING WITH THIS SECTI ON; 30
HOUSE BILL 11 15
(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 T HE PERSON 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 WATE R 7
SAMPLE; 8
(V) THE DATE AND TIME THA T THE WELL WATER SAM PLE WAS 9
COLLECTED AND THE SPECIFIC POINT OF COLLECTION ; 10
(VI) THE DATE AND TIME THE WELL WATER SAMPLE WA S 11
ANALYZED BY THE LABO RATORY; 12
(VII) WHETHER THE WELL WATE R SAMPLE IS RAW WATE R OR 13
FINISHED WATER ; 14
(VIII) THE WELL TAG NUMBER , IF KNOWN; AND 15
(IX) ANY OTHER INFORMATION RE QUIRED BY THE 16
DEPARTMENT OF THE ENVIRONMENT . 17
SECTION 2. AND BE IT FURTHER ENACTED, That the Department of the 18
Environment shall: 19
(1) conduct a study on long–term funding options for the detailed 20
monitoring and analysis of groundwater resources in the State; 21
(2) on or before December 1, 2025, submit a report of its findings and 22
recommendations for long–term funding options under paragraph (1) of this section to the 23
Governor and, in accordance with § 2–1257 of the State Government Article, the General 24
Assembly; and 25
(3) assist in identifying a funding source for a private well grant fund. 26
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2024. 28