MD
Maryland House Bill HB11

Maryland 2023 Regular Session

Maryland House Bill HB11 Compare Versions

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1- WES MOORE, Governor Ch. 587
21
3-– 1 –
4-Chapter 587
5-(House Bill 11)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0011*
810
9-Private Well Safety Act of 2023
11+HOUSE BILL 11
12+M3, N1 (3lr0942)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Energy, and the Environment —
15+Introduced by Delegate Stewart
1016
11-FOR the purpose of establishing the Private Well Safety Program in requiring the
12-Department of the Environment to manage and, subject to the availability of certain
13-funding, address the contamination of certain private and domestic water supply
14-wells in the State; establishing the Private Well Safety Fund to award grants to
15-certain counties and households for costs associated with water quality testing and
16-remediation adopt regulations on or before a certain date to identify additional
17-standards for water quality testing; requiring the Department of the Environment,
18-subject to certain funding and in consultation with the Department of Information
19-Technology, to utilize an online portal to receive and upload certain information and
20-to provide public access to the information; requiring a State–certified laboratory
21-that conducts water quality testing of certain wells to submit to the Department of
22-the Environment certain results of water quality testing in a certain manner;
23-requiring the Department of the Environment to share certain information
24-consistently with the Maryland Department of Health and local health departments
25-and to encourage the Maryland Department of Health and local health departments
26-to share certain information to the online portal; requiring a contract for the sale of
27-real property on which a certain well is located to include a provision requiring, as a
28-condition of the sale, that the purchaser ensure that certain water quality testing be
29-conducted; and generally relating to private and domestic water supply wells in the
30-State.
17+Read and Examined by Proofreaders:
3118
32-BY adding to
33- Article – Environment
34-Section 9–4A–01 to be under the new part “Part I. Definitions”; 9–4A–04 through
35-9–4A–10 to be under the new part “Part II. Program and Fund”; and 9–4A–13
36-to be under the new part “Part III. Private Well Water Quality Database”
37- Section 9–4A–01 through 9–4A–03
38- Annotated Code of Maryland
39- (2014 Replacement Volume and 2022 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
4023
41-BY repealing and reenacting, with amendments,
42- Article – Environment
43-Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property”
44- Section 9–4A–01
45- Annotated Code of Maryland
46- (2014 Replacement Volume and 2022 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
4725
48-BY adding to
49- Article – Real Property Ch. 587 2023 LAWS OF MARYLAND
26+_______ day of _______________ at ________________________ o’clock, ________M.
5027
51-– 2 –
52-Section 10–713
53- Annotated Code of Maryland
54- (2015 Replacement Volume and 2022 Supplement)
28+______________________________________________
29+Speaker.
5530
56- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
57-That the Laws of Maryland read as follows:
31+CHAPTER ______
5832
59-Article – Environment
33+AN ACT concerning 1
6034
61-PART I. DEFINITIONS.
35+Private Well Safety Act of 2023 2
6236
63-9–4A–01.
37+FOR the purpose of establishing the Private Well Safety Program in requiring the 3
38+Department of the Environment to manage and, subject to the availability of certain 4
39+funding, address the contamination of certain private and domestic water supply 5
40+wells in the State; establishing the Private Well Safety Fund to award grants to 6
41+certain counties and households for costs associated with water quality testing and 7
42+remediation adopt regulations on or before a certain date to identify additional 8
43+standards for water quality testing; requiring the Department of the Environment, 9
44+subject to certain funding and in consultation with the Department of Information 10
45+Technology, to utilize an online portal to receive and upload certain information and 11
46+to provide public access to the information; requiring a State–certified laboratory 12
47+that conducts water quality testing of certain wells to submit to the Department of 13
48+the Environment certain results of water quality testing in a certain manner; 14
49+requiring the Department of the Environment to share certain information 15 2 HOUSE BILL 11
6450
65- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
66-INDICATED.
6751
68- (B) “CONTAMINATION ” MEANS THAT WATER QUA LITY TESTING FOR A
69-COVERED HOUSEHOLD DEMONSTRAT ED THAT:
52+consistently with the Maryland Department of Health and local health departments 1
53+and to encourage the Maryland Department of Health and local health departments 2
54+to share certain information to the online portal; requiring a contract for the sale of 3
55+real property on which a certain well is located to include a provision requiring, as a 4
56+condition of the sale, that the purchaser ensure that certain water quality testing be 5
57+conducted; and generally relating to private and domestic water supply wells in the 6
58+State. 7
7059
71- (1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEG AL
72-THRESHOLD LIMIT ON T HE AMOUNT OF THE SUB STANCE THAT IS ALLOW ED IN A
73-PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR
60+BY adding to 8
61+ Article – Environment 9
62+Section 9–4A–01 to be under the new part “Part I. Definitions”; 9–4A–04 through 10
63+9–4A–10 to be under the new part “Part II. Program and Fund”; and 9–4A–13 11
64+to be under the new part “Part III. Private Well Water Quality Database” 12
65+ Section 9–4A–01 through 9–4A–03 13
66+ Annotated Code of Maryland 14
67+ (2014 Replacement Volume and 2022 Supplement) 15
7468
75- (2) THERE IS A HARMFUL LE VEL OF ANOTH ER CONTAMINANT , AS
76-DETERMINED BY THE DEPARTMENT .
69+BY repealing and reenacting, with amendments, 16
70+ Article – Environment 17
71+Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property” 18
72+ Section 9–4A–01 19
73+ Annotated Code of Maryland 20
74+ (2014 Replacement Volume and 2022 Supplement) 21
7775
78- (C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO
79-RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL.
76+BY adding to 22
77+ Article – Real Property 23
78+Section 10–713 24
79+ Annotated Code of Maryland 25
80+ (2015 Replacement Volume and 2022 Supplement) 26
8081
81- (D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT :
82+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
83+That the Laws of Maryland read as follows: 28
8284
83- (1) IS AWARDED A GRANT UN DER THE FUND FOR DISTRIBUTION TO
84-COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING
85-AND REMEDIATION ; AND
85+Article – Environment 29
8686
87- (2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLI SHED UNDER §
88-9–4A–08 OF THIS SUBTITLE.
87+PART I. DEFINITIONS. 30
8988
90- (E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND.
89+9–4A–01. 31
9190
92- (F) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN AWARDED
93-A GRANT UNDER THE FUND.
91+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 32
92+INDICATED. 33
9493
95- (G) (B) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD THA T IS: WES MOORE, Governor Ch. 587
94+ (B) “CONTAMINATION ” MEANS THAT WATER QUA LITY TESTING FOR A 34
95+COVERED HOU SEHOLD DEMONSTRATED THAT: 35
96+ HOUSE BILL 11 3
9697
97-– 3 –
9898
99- (1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE
100-DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND
99+ (1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEG AL 1
100+THRESHOLD LIMIT ON T HE AMOUNT OF THE SUB STANCE THAT IS ALLOW ED IN A 2
101+PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR 3
101102
102- (2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE
103-THAT IS ALLOWED IN A PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE
104-DRINKING WATER ACT.
103+ (2) THERE IS A HARMFUL LE VEL OF ANOTHER CONTAMINANT , AS 4
104+DETERMINED BY THE DEPARTMENT . 5
105105
106- (H) (C) “PRIVATE WELL” MEANS A PRIVATE OR D OMESTIC WATER SUPPLY
107-WELL THAT IS A SOURC E OF POTABLE WATER .
106+ (C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO 6
107+RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL. 7
108108
109- (I) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM.
109+ (D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT : 8
110110
111- (J) “REMEDIATION” INCLUDES:
111+ (1) IS AWARDED A GRANT UN DER THE FUND FOR DISTRIBUTION TO 9
112+COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING 10
113+AND REMEDIATION ; AND 11
112114
113- (1) THE DRILLING OF A NEW WELL; AND
115+ (2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLI SHED UNDER § 12
116+9–4A–08 OF THIS SUBTITLE. 13
114117
115- (2) CONNECTION TO A PUBLI C WATER SUPPLY .
118+ (E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND. 14
116119
117- (K) (D) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY
118-SAMPLING, TESTING, AND ANALYSIS:
120+ (F) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN AWARDED 15
121+A GRANT UNDER THE FUND. 16
119122
120- (I) CONDUCTED BY A STATE–APPROVED WATER SAMPL ER AND
121-A STATE–APPROVED LABORATORY FOR A PRIVATE WELL ; AND
123+ (G) (B) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD THA T IS: 17
122124
123- (II) OF WHICH THE MINIMUM SAMPLING CRITERIA IN CLUDE
124-BACTERIA, NITRATE, AND TURBIDITY .
125+ (1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE 18
126+DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND 19
125127
126- (2) “WATER QUALITY TESTING ” INCLUDES WATER QUALI TY
127-SAMPLING OF ANY CONTAMINANT OF CONCERN , AS DETERMINED BY THE
128-DEPARTMENT .
128+ (2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE 20
129+THAT IS ALLOWED IN A PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE 21
130+DRINKING WATER ACT. 22
129131
130-9–4A–02. RESERVED.
132+ (H) (C) “PRIVATE WELL” MEANS A PRIVATE OR D OMESTIC WATER SUPPLY 23
133+WELL THAT IS A SOURC E OF POTABLE WATER . 24
131134
132-9–4A–03. RESERVED.
135+ (I) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM. 25
133136
134-PART II. PROGRAM AND FUND.
137+ (J) “REMEDIATION” INCLUDES: 26
135138
136-9–4A–04. 9–4A–02.
139+ (1) THE DRILLING OF A NEW WELL; AND 27
137140
138- (A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT .
139- Ch. 587 2023 LAWS OF MARYLAND
141+ (2) CONNECTION TO A PUBLI C WATER SUPPLY . 28
142+ 4 HOUSE BILL 11
140143
141-– 4 –
142- (B) THE PURPOSE OF THE PROGRAM IS TO MANAGE AND , SUBJECT TO THE
143-AVAILABILITY OF FUND ING IN THE FUND, ADDRESS THE CONTAMIN ATION OF
144-PRIVATE WELLS IN THE STATE.
145144
146- (C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS
147-SUBTITLE.
145+ (K) (D) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY 1
146+SAMPLING, TESTING, AND ANALYSIS: 2
148147
149-9–4A–05.
148+ (I) CONDUCTED BY A STATE–APPROVED WATER SAMPL ER AND 3
149+A STATE–APPROVED LABORATORY FOR A PRIVATE WELL ; AND 4
150150
151- (A) THERE IS A PRIVATE WELL SAFETY FUND.
151+ (II) OF WHICH THE MINIMUM SAMPLING CRITERIA IN CLUDE 5
152+BACTERIA, NITRATE, AND TURBIDITY . 6
152153
153- (B) THE PURPOSE OF THE FUND IS TO AWARD GRAN TS TO ELIGIBLE
154-COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR CO STS
155-ASSOCIATED WITH WATE R QUALITY TESTING AN D REMEDIATION .
154+ (2) “WATER QUALITY TESTING ” INCLUDES WATER QUALI TY 7
155+SAMPLING OF ANY CONTAMINANT OF CONCERN , AS DETERMINED BY THE 8
156+DEPARTMENT . 9
156157
157- (C) THE SECRETARY SHALL ADMIN ISTER THE FUND.
158+9–4A–02. RESERVED. 10
158159
159- (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS N OT
160-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
160+9–4A–03. RESERVED. 11
161161
162- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
163-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
162+PART II. PROGRAM AND FUND. 12
164163
165- (E) THE FUND CONSISTS OF :
164+9–4A–04. 9–4A–02. 13
166165
167- (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
168-AND
166+ (A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT . 14
169167
170- (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
171-THE BENEFIT OF THE FUND.
168+ (B) THE PURPOSE OF THE PROGRAM IS TO MANAGE AND , SUBJECT TO THE 15
169+AVAILABILITY OF FUND ING IN THE FUND, ADDRESS THE CONTAMIN ATION OF 16
170+PRIVATE WELLS IN THE STATE. 17
172171
173- (F) THE FUND MAY BE USED ONLY FOR AWARDING GRANTS :
172+ (C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 18
173+SUBTITLE. 19
174174
175- (1) TO ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVERED
176-HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOCIATED WIT H WATER QUALITY
177-TESTING AND REMEDIAT ION; AND
175+9–4A–05. 20
178176
179- (2) TO COVERED HOUSEHOLDS LOCATED IN AN INELIG IBLE COUNTY
180-TO ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND
181-REMEDIATION .
177+ (A) THERE IS A PRIVATE WELL SAFETY FUND. 21
182178
183-9–4A–06.
184- WES MOORE, Governor Ch. 587
179+ (B) THE PURPOSE OF THE FUND IS TO AWARD GRAN TS TO ELIGIBLE 22
180+COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR CO STS 23
181+ASSOCIATED WITH WATE R QUALITY TESTING AN D REMEDIATION . 24
185182
186-– 5 –
187- (A) THE DEPARTMENT SHALL ESTA BLISH A GRANT APPLICATION PR OCESS
188-FOR AWARDING A GRANT UNDER THE FUND IN ACCORDANCE WI TH THIS SUBTITLE .
183+ (C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 25
189184
190- (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
191-DEPARTMENT MAY ESTABL ISH A GRANT APPLICAT ION FEE.
185+ (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS N OT 26
186+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 27
187+ HOUSE BILL 11 5
192188
193- (2) (I) THE APPLICATION FEE F OR AN AWARD FOR WAT ER QUALITY
194-TESTING MAY NOT EXCE ED $10; AND
195189
196- (II) THE APPLICATION FEE F OR AN AWARD FOR REME DIATION
197-MAY NOT EXCEED $250.
190+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
191+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
198192
199- (3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A
200-CASE–BY–CASE BASIS, BASED ON HOUSEHOLD I NCOME.
193+ (E) THE FUND CONSISTS OF : 3
201194
202- (C) IN AN APPLICATION FOR A GRANT AWARD UNDER TH E FUND, A
203-COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME
204-TAX RETURN OR AN AFF IDAVIT OF:
195+ (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 4
196+AND 5
205197
206- (1) A FILING OF A HOUSEHOL D INCOME EXEMPTION ;
198+ (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 6
199+THE BENEFIT OF THE FUND. 7
207200
208- (2) A HOUSEHOLD INCOME RED UCTION; OR
201+ (F) THE FUND MAY BE USED ONLY FOR AWARDING GRANTS : 8
209202
210- (3) THE PROJECTED HOUSEHO LD INCOME FOR THE CURRE NT YEAR.
203+ (1) TO ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVERED 9
204+HOUSEHOLDS TO ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY 10
205+TESTING AND REMEDIAT ION; AND 11
211206
212-9–4A–07.
207+ (2) TO COVERED HOUSEHOLDS LOCATED IN AN INELIG IBLE COUNTY 12
208+TO ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 13
209+REMEDIATION . 14
213210
214- THE DEPARTMENT SHALL :
211+9–4A–06. 15
215212
216- (1) PROVIDE NOTICE TO EAC H COUNTY OF:
213+ (A) THE DEPARTMENT SHALL ESTA BLISH A GRANT APPLICATION PROCESS 16
214+FOR AWARDING A GRANT UNDER THE FUND IN ACCORDANCE WI TH THIS SUBTITLE . 17
217215
218- (I) THE FUND; AND
216+ (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 18
217+DEPARTMENT MAY ESTABL ISH A GRANT APPLICAT ION FEE. 19
219218
220- (II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER §
221-9–4A–06 OF THIS SUBTITLE;
219+ (2) (I) THE APPLICATION FEE F OR AN AWARD FOR WATE R QUALITY 20
220+TESTING MAY NOT EXCE ED $10; AND 21
222221
223- (2) FOR THE PURPOSE OF IN FORMING COVERED HOUSEHOLDS IN
224-INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSI TE INFORMATION ON :
222+ (II) THE APPLICATION FEE F OR AN AWARD FOR REME DIATION 22
223+MAY NOT EXCEED $250. 23
225224
226- (I) THE FUND; AND
225+ (3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A 24
226+CASE–BY–CASE BASIS, BASED ON HOUSEHOLD I NCOME. 25
227227
228- (II) THE GRANT APPLICATION PROCESS; AND
229- Ch. 587 2023 LAWS OF MARYLAND
228+ (C) IN AN APPLICATION FOR A GRANT AWARD UNDER THE FUND, A 26
229+COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME 27
230+TAX RETURN OR AN AFF IDAVIT OF: 28
230231
231-– 6 –
232- (3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS,
233-PUBLISH ON ITS WEBSI TE INFORMATION ON WA TER QUALITY TESTING , INCLUDING:
232+ (1) A FILING OF A HOUSEHOL D INCOME EXEMPTION ; 29
233+ 6 HOUSE BILL 11
234234
235- (I) RESOURCES FOR WATER Q UALITY TESTING AND
236-REMEDIATION ;
237235
238- (II) CONTACT INFORMATION F OR LICENSED WELL DRI LLERS,
239-PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING
240-LABORATORIES ;
236+ (2) A HOUSEHOLD INCOME RED UCTION; OR 1
241237
242- (III) INFORMATION ON POTENT IAL CONTAMINANTS OF
243-CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER ; AND
238+ (3) THE PROJECTED HOUSEHO LD INCOME FOR THE CURRENT YEAR . 2
244239
245- (IV) INFORMATION ON THE IM PORTANCE OF ANNUAL T ESTING.
240+9–4A–07. 3
246241
247-9–4A–08.
242+ THE DEPARTMENT SHALL : 4
248243
249- A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AW ARD IN ACCORDANCE WI TH
250-THIS SUBTITLE IF THE COUNTY AGREES TO ENG AGE IN OUTREACH ACTIVITIES:
244+ (1) PROVIDE NOTICE TO EAC H COUNTY OF: 5
251245
252- (1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND
253-PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALLY TE STING WELL
254-WATER FOR CONTAMINAN TS; AND
246+ (I) THE FUND; AND 6
255247
256- (2) THAT, AT A MINIMUM, INCLUDE:
248+ (II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER § 7
249+9–4A–06 OF THIS SUBTITLE; 8
257250
258- (I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE;
251+ (2) FOR THE PURPOSE OF IN FORMING COVERED HOUSEHOLDS IN 9
252+INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSI TE INFORMATION ON : 10
259253
260- (II) PROVIDING INFORMATION TO RESIDENTS OVER TH E
261-TELEPHONE WHEN A RES IDENT CALLS THE COUN TY ABOUT WATER QUALI TY
262-TESTING OR REMEDIATI ON OR THE PROGRAM; AND
254+ (I) THE FUND; AND 11
263255
264- (III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT
265-IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE.
256+ (II) THE GRANT APPLICATION PROCESS; AND 12
266257
267-9–4A–09.
258+ (3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS, 13
259+PUBLISH ON ITS WEBSI TE INFORMATION ON WA TER QUALITY TESTING, INCLUDING: 14
268260
269- (A) IN ACCORDANCE WITH TH IS SUBTITLE, AND SUBJECT TO THE
270-AVAILABILITY OF FUND ING IN THE FUND, THE DEPARTMENT MAY AWARD A GRANT
271-UNDER THE FUND TO:
261+ (I) RESOURCES FOR WATER Q UALITY TESTING AND 15
262+REMEDIATION ; 16
272263
273- (1) AN ELIGIBLE COUNTY FO R DISTRIBUTION TO CO VERED
274-HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOCIATED WITH WATE R QUALITY
275-TESTING AND REMEDIAT ION; AND WES MOORE, Governor Ch. 587
264+ (II) CONTACT INFORMATION F OR LICENSED WELL DRI LLERS, 17
265+PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING 18
266+LABORATORIES ; 19
276267
277-– 7 –
268+ (III) INFORMATION ON POTENT IAL CONTAMINAN TS OF 20
269+CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER ; AND 21
278270
279- (2) A COVERED HOUSEHOLD LO CATED IN AN INELIGIB LE COUNTY TO
280-ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND
281-REMEDIATION .
271+ (IV) INFORMATION ON THE IM PORTANCE OF ANNUAL T ESTING. 22
282272
283- (B) IN AWARDING A GRANT T O AN ELIGIBLE COUNTY UNDER THIS SUBTITLE,
284-THE DEPARTMENT MAY CONSID ER:
273+9–4A–08. 23
285274
286- (1) THE ESTIMATED PROPORT ION OF COVERED HOUSE HOLDS IN THE
287-ELIGIBLE COUNTY ;
275+ A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AW ARD IN ACCORDANCE WI TH 24
276+THIS SUBTITLE IF THE COUNTY AGREES TO ENG AGE IN OUTREACH ACTIVITIES : 25
277+ HOUSE BILL 11 7
288278
289- (2) THE COUNTY ’S SPECIFIC NEEDS REL ATED TO THE COSTS OF
290-ADMINISTERING AND IM PLEMENTING GRANTS UN DER THE FUND;
291279
292- (3) THE COUNTY’S NEED TO ADDRESS PUBLIC HE ALTH CONCERNS OR
293-SPECIFIC CONTAMINATI ON CONCERNS ; AND
280+ (1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND 1
281+PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALLY TE STING WELL 2
282+WATER FOR CONTAMINAN TS; AND 3
294283
295- (4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE
296-DEPARTMENT .
284+ (2) THAT, AT A MINIMUM, INCLUDE: 4
297285
298- (C) (1) THE DEPARTMENT OR AN ELIG IBLE COUNTY SHALL :
286+ (I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE; 5
299287
300- (I) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR WATER
301-QUALITY TESTING ON :
288+ (II) PROVIDING INFORMATION TO RESIDENTS OVER TH E 6
289+TELEPHONE WHEN A RES IDENT CALLS THE COUN TY ABOUT WATER QUALI TY 7
290+TESTING OR REMEDIATI ON OR THE PROGRAM; AND 8
302291
303- 1. SAMPLING PARAMETERS AND COSTS ; AND
292+ (III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT 9
293+IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE. 10
304294
305- 2. AN INCOME GUIDELINE S CALE ESTABLISHED BY THE
306-DEPARTMENT ; AND
295+9–4A–09. 11
307296
308- (II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR
309-REMEDIATION ON AN IN COME GUIDELINE SCALE ESTABLISHED BY THE
310-DEPARTMENT .
297+ (A) IN ACCORDANCE WITH TH IS SUBTITLE, AND SUBJECT TO THE 12
298+AVAILABILITY OF FUND ING IN THE FUND, THE DEPARTMENT MAY AWARD A GRANT 13
299+UNDER THE FUND TO: 14
311300
312- (2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWAR D A GRANT
313-FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND
314-REMEDIATION TO A COV ERED HOUSEHOLD THAT CAN DEMONSTRATE HOUS EHOLD
315-INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVEL.
301+ (1) AN ELIGIBLE COUNTY FO R DISTRIBUTION TO CO VERED 15
302+HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOCIATED WIT H WATER QUALITY 16
303+TESTING AND REMEDIAT ION; AND 17
316304
317- (D) (1) THIS SUBSECTION APPLI ES TO A GRANT AWARD FOR THE COSTS
318-ASSOCIATED WITH REME DIATION.
305+ (2) A COVERED HOUSEHOLD LO CATED IN AN INELIGIB LE COUNTY TO 18
306+ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 19
307+REMEDIATION . 20
319308
320- (2) A COVERED HOUSEHOLD SH ALL, ON SATISFACTORY COMP LETION
321-OF THE REMEDIATION P ROJECT, MAKE PAYMENT DIRECTL Y TO THE LICENSED WE LL Ch. 587 2023 LAWS OF MARYLAND
309+ (B) IN AWARDING A GRANT T O AN ELIGIBLE COUNTY UNDER THIS SUBTITLE, 21
310+THE DEPARTMENT MAY CONSID ER: 22
322311
323-– 8 –
324-DRILLER, WATER CONDITIO NER INSTALLER , OR PUMP INSTALLER TH AT HAS BEEN
325-CONTRACTED TO PERFOR M THE REMEDIATION PR OJECT.
312+ (1) THE ESTIMATED PROPORT ION OF COVERED HOUSE HOLDS IN THE 23
313+ELIGIBLE COUNTY ; 24
326314
327- (E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT
328-UNDER THE FUND FOR COSTS ASSOCI ATED WITH:
315+ (2) THE COUNTY ’S SPECIFIC NEEDS REL ATED TO THE COSTS OF 25
316+ADMINISTERING AND IM PLEMENTING GRANTS UN DER THE FUND; 26
329317
330- (1) ANY WORK OR TESTING C ONDUCTED BEFORE THE GRANT AWARD
331-WAS APPROVED BY THE DEPARTMENT OR ELIGIBL E COUNTY;
318+ (3) THE COUNTY’S NEED TO ADDRESS PU BLIC HEALTH CONCERNS OR 27
319+SPECIFIC CONTAMINATI ON CONCERNS ; AND 28
332320
333- (2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ;
321+ (4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE 29
322+DEPARTMENT . 30
323+ 8 HOUSE BILL 11
334324
335- (3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED
336-CONTAMINATION CRITER IA;
337325
338- (4) DUG WELLS; AND
326+ (C) (1) THE DEPARTMENT OR AN ELIG IBLE COUNTY SHALL : 1
339327
340- (5) POINT–DRIVEN WELLS .
328+ (I) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR WATER 2
329+QUALITY TESTING ON : 3
341330
342- (F) A COVERED HOUSEHOLD MAY NOT RE CEIVE A GRANT AWARD UNDER
343-THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR
344-WATER QUALITY TESTIN G AND ONE GRANT AWAR D FOR REMEDIATION .
331+ 1. SAMPLING PARAMETERS AND COSTS ; AND 4
345332
346- (G) (A) THE ON OR BEFORE DECEMBER 31, 2026, THE DEPARTMENT
347-SHALL ADOPT REGULATI ONS TO IDENTIFY A LIST OF ADDITIONAL STANDARDS FOR
348-WATER QUALITY TESTIN G THAT THE DEPARTMENT DEEMS NECE SSARY FOR EACH
349-COUNTY OR ANY SPECIF IC AREA WITHIN A COU NTY,.
333+ 2. AN INCOME GUIDELINE S CALE ESTABLISHED BY THE 5
334+DEPARTMENT ; AND 6
350335
351- (B) INCLUDING REQUIRING REGULATIONS ADOPTED I N ACCORDANCE WITH
352-THIS SUBSECTION MAY REQUIRE, AS APPROPRIATE , TESTING FOR:
336+ (II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR 7
337+REMEDIATION ON AN IN COME GUIDELINE SCALE ESTABLISHED BY THE 8
338+DEPARTMENT . 9
353339
354- (1) MANGANESE;
340+ (2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWAR D A GRANT 10
341+FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND 11
342+REMEDIATION TO A COV ERED HOUSEHOLD THAT CAN DEMONSTRATE HOUS EHOLD 12
343+INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVEL. 13
355344
356- (2) ARSENIC;
345+ (D) (1) THIS SUBSECTION APPLI ES TO A GRANT AWARD FOR THE COSTS 14
346+ASSOCIATED WITH REME DIATION. 15
357347
358- (3) RADON;
348+ (2) A COVERED HOUSEHOLD SH ALL, ON SATISFACTORY COMP LETION 16
349+OF THE REMEDIATION P ROJECT, MAKE PAYMENT DIRECTL Y TO THE LICENSED WE LL 17
350+DRILLER, WATER CONDITIO NER INSTALLER , OR PUMP INSTALLER TH AT HAS BEEN 18
351+CONTRACTED TO PERFOR M THE REMEDIATION PR OJECT. 19
359352
360- (4) MERCURY; AND
353+ (E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT 20
354+UNDER THE FUND FOR COSTS ASSOCI ATED WITH: 21
361355
362- (5) ALL OTHER VOLATILE ORGANIC COM POUNDS FOR WHICH THE RE
363-IS A MAXIMUM CONTAMI NANT LEVEL.
356+ (1) ANY WORK OR TESTING C ONDUCTED BEFORE THE GRANT AWARD 22
357+WAS APPROVED BY THE DEPARTMENT OR ELIGIBL E COUNTY; 23
364358
365-9–4A–10.
366- WES MOORE, Governor Ch. 587
359+ (2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ; 24
367360
368-– 9 –
369- (A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIVED A
370-GRANT AWARD IN ACCOR DANCE WITH THIS SUBT ITLE SHALL SUBMIT TO THE
371-DEPARTMENT A REPORT T HAT INCLUDES , FOR THE IMMEDIATELY PRECEDING
372-FISCAL YEAR:
361+ (3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED 25
362+CONTAMINATION CRITER IA; 26
373363
374- (1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A
375-GRANT AWARD ;
364+ (4) DUG WELLS; AND 27
376365
377- (2) THE DOLLAR AMOUNT AWA RDED TO EACH HOUSEHOLD ,
378-CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION;
366+ (5) POINT–DRIVEN WELLS . 28
367+ HOUSE BILL 11 9
379368
380- (3) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED
381-UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT
382-EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE ,
383-CATEGORIZED BY CENSU S TRACT OR OTHER IDENTIFYING FACTORS;
384369
385- (4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE
386-PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A
387-SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T
388-SUBSTANCE, CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ;
370+ (F) A COVERED HOUSEHOL D MAY NOT RECEIVE A GRANT AWARD UNDER 1
371+THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR 2
372+WATER QUALITY TESTIN G AND ONE GRANT AWAR D FOR REMEDIATION . 3
389373
390- (5) THE LOCATION OF AREAS OF POTENTIAL CONCERN ;
374+ (G) (A) THE ON OR BEFORE DECEMBER 31, 2026, THE DEPARTMENT 4
375+SHALL ADOPT REGULATI ONS TO IDENTIFY A LIST OF ADDITIONAL STANDARDS FOR 5
376+WATER QUALITY TESTIN G THAT THE DEPARTMENT DEEMS NECE SSARY FOR EACH 6
377+COUNTY OR ANY SPECIF IC AREA WITHIN A COU NTY,. 7
391378
392- (6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN,
393-CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ;
379+ (B) INCLUDING REQUIRING REGULATIONS ADOPTED I N ACCORDANCE WITH 8
380+THIS SUBSECTION MAY REQUIRE, AS APPROPRIATE , TESTING FOR: 9
394381
395- (7) ANY OTHER INFORMATION TO FURTH ER EXPLAIN OR QUALIF Y
396-THE INFORMATION INCL UDED IN THE REPORT ; AND
382+ (1) MANGANESE; 10
397383
398- (8) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT .
384+ (2) ARSENIC; 11
399385
400- (B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL
401-REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE
402-STATE GOVERNMENT ARTICLE, ON:
386+ (3) RADON; 12
403387
404- (1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED
405-UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT
406-EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE ,
407-CATEGORIZED BY COUNT Y AND CENSUS TRACT OR OTHER IDENTIFYING FACTORS ;
388+ (4) MERCURY; AND 13
408389
409- (2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE
410-PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A
411-SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T Ch. 587 2023 LAWS OF MARYLAND
390+ (5) ALL OTHER VOLATILE ORGANIC COM POUNDS FOR WHICH THE RE 14
391+IS A MAXIMUM CONTAMI NANT LEVEL. 15
412392
413-– 10 –
414-SUBSTANCE, CATEGORIZED BY COUN TY AND CENSUS TRACT OR OTHER IDENTIFYING
415-FACTORS;
393+9–4A–10. 16
416394
417- (3) THE LOCATION OF AREAS OF KNOWN CONTAMINATION ;
395+ (A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIVED A 17
396+GRANT AWARD IN ACCOR DANCE WITH THIS SUBT ITLE SHALL SUBMIT TO THE 18
397+DEPARTMENT A REPORT T HAT INCLUDES , FOR THE IMMEDIATELY PRECEDING 19
398+FISCAL YEAR: 20
418399
419- (4) A DESCRIPTION OF THE B ENEFITS REALIZED AND DEFICIENCIES
420-ADDRESSED AS A RESUL T OF THE PROGRAM AND RECOMMEND ATIONS FOR ANY
421-APPROPRIATE LEGISLAT IVE ACTION; AND
400+ (1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A 21
401+GRANT AWARD ; 22
422402
423- (5) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN,
424-CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS .
403+ (2) THE DOLLAR AMOUNT AWA RDED TO EACH HOUSEHOLD , 23
404+CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION; 24
425405
426-9–4A–11. RESERVED.
406+ (3) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 25
407+UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 26
408+EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 27
409+CATEGORIZED BY CENSU S TRACT OR OTHER IDENTIFYING FACTORS; 28
427410
428-9–4A–12. RESERVED.
411+ (4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 29
412+PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 30 10 HOUSE BILL 11
429413
430-PART III. PRIVATE WELL WATER QUALITY DATABASE.
431414
432-9–4A–13. 9–4A–03.
415+SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 1
416+SUBSTANCE, CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ; 2
433417
434- (A) THE SUBJECT TO THE AVAILABILITY OF FUNDING FOR THE PLAN NING
435-AND IMPLEMENTATION O F AN ONLINE PORTAL , AND IN CONSULTATION WITH THE
436-DEPARTMENT OF INFORMATION TECHNOLOGY , THE DEPARTMENT SHALL UTIL IZE
437-AN ONLINE PORTAL :
418+ (5) THE LOCATION OF AREAS OF POTENTIAL CONCERN ; 3
438419
439- (1) TO RECEIVE THE RESULT S OF WATER QUALITY T ESTING FROM
440-STATE–CERTIFIED LABORATORI ES AND THE MARYLAND GEOLOGICAL SURVEY;
420+ (6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 4
421+CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ; 5
441422
442- (2) TO UPLOAD CERTIFICATE S OF POTABILITY AS R EQUIRED UNDER
443-COMAR 26.04.04.30, RESULTS OF WATER QUA LITY TESTING , AND OTHER
444-RELEVANT INFORMATION SUBMITTED TO THE DEPARTMENT RELATED TO PRIVATE
445-WELLS, ON AT LEAST A QUARTE RLY BASIS; AND
423+ (7) ANY OTHER INFORMATION TO FURTH ER EXPLAIN OR QUALIF Y 6
424+THE INFORMATION INCL UDED IN THE REPORT ; AND 7
446425
447- (3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATI ON RECEIVED
448-UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THAT IS E ASY TO USE
449-AND CATEGORIZED BY C OUNTY.
426+ (8) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT . 8
450427
451- (B) ON AN ONGOING BASIS IMPLEMENTATION OF TH E ONLINE PORTAL
452-UNDER THIS SECTION ,:
428+ (B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL 9
429+REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 10
430+STATE GOVERNMENT ARTICLE, ON: 11
453431
454- (1) A A COUNTY MAY SUBMIT TO THE DEPARTMENT RECORDS OF
455-CERTIFICATES OF POTA BILITY, AS REQUIRED UNDER COMAR 26.04.04.30, AND WES MOORE, Governor Ch. 587
432+ (1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 12
433+UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 13
434+EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 14
435+CATEGORIZED BY COUNT Y AND CENSUS TRACT OR OTHER IDENTIFYING FACTORS ; 15
456436
457-– 11 –
458-ANY RESULTS OF WATER QUALITY TESTING RECE IVED VOLUNTARILY FRO M
459-RESIDENTS.; AND
437+ (2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 16
438+PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 17
439+SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 18
440+SUBSTANCE, CATEGORIZED BY COUN TY AND CENSUS TRACT OR OTHER IDENTIFYING 19
441+FACTORS; 20
460442
461- (C) (2) ON A QUARTERLY BASIS , A A STATE–CERTIFIED LABORATORY
462-THAT CONDUCTS WATER QUALITY TESTING OF P RIVATE WELLS FOR THE PURPOSE
463-OF IMPLEMENTING THIS SUBTITLE SHALL SUBMI T TO THE DEPARTMENT THE
464-RESULTS OF EACH WATE R QUALITY TEST CONDU CTED BY THE LABORATO RY IN A
465-MANNER DETERMINED BY THE DEPARTMENT .
443+ (3) THE LOCATION OF AREAS OF KNOWN CONTAMINATION ; 21
466444
467- (C) THE DEPARTMENT SHALL :
445+ (4) A DESCRIPTION OF THE B ENEFITS REALIZED AND DEFICIENCIES 22
446+ADDRESSED AS A RESUL T OF THE PROGRAM AND RECOMMEND ATIONS FOR ANY 23
447+APPROPRIATE LEGISLAT IVE ACTION; AND 24
468448
469- (1) CONSISTENTLY SHARE TH E INFORMATION COLLEC TED UNDER
470-THIS SECTION WITH TH E MARYLAND DEPARTMENT OF HEALTH AND LOCAL HEAL TH
471-DEPARTMENTS ; AND
449+ (5) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 25
450+CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS . 26
472451
473- (2) ENCOURAGE THE MARYLAND DEPARTMENT OF HEALTH AND
474-LOCAL HEALTH DEPARTM ENTS TO SHARE RELEVA NT INFORMATION TO TH E ONLINE
475-PORTAL.
452+9–4A–11. RESERVED. 27
476453
477-9–4A–14. RESERVED.
454+9–4A–12. RESERVED. 28
478455
479-9–4A–15. RESERVED.
456+PART III. PRIVATE WELL WATER QUALITY DATABASE. 29
480457
481-PART IV. RESIDENTIAL RENTAL PROPERTY.
458+9–4A–13. 9–4A–03. 30 HOUSE BILL 11 11
482459
483-[9–4A–01.] 9–4A–16. 9–4A–04.
484460
485- (a) An owner of residential rental property that is served by a private [water
486-supply] well shall:
487461
488- (1) Provide for water quality testing every 3 years;
462+ (A) THE SUBJECT TO THE AVAILABILITY OF FUNDING FOR THE PLAN NING 1
463+AND IMPLEMENTATION O F AN ONLINE PORTAL , AND IN CONSULTATION WITH THE 2
464+DEPARTMENT OF INFORMATION TECHNOLOGY , THE DEPARTMENT SHALL UTIL IZE 3
465+AN ONLINE PORTAL : 4
489466
490- (2) Disclose to a tenant the results of the water quality testing; and
467+ (1) TO RECEIVE THE RESULT S OF WATER QUALITY T ESTING FROM 5
468+STATE–CERTIFIED LABORATORI ES AND THE MARYLAND GEOLOGICAL SURVEY; 6
491469
492- (3) Notify a tenant:
470+ (2) TO UPLOAD CERTIFICATE S OF POTABILITY AS R EQUIRED UNDER 7
471+COMAR 26.04.04.30, RESULTS OF WATER QUA LITY TESTING , AND OTHER 8
472+RELEVANT INFORMATION SUBMITTED TO THE DEPARTMENT RELATED TO PRIVATE 9
473+WELLS, ON AT LEAST A QUARTE RLY BASIS; AND 10
493474
494- (i) After any water quality test required under item (1) of this
495-subsection is complete; and
475+ (3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATI ON RECEIVED 11
476+UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THAT IS E ASY TO USE 12
477+AND CATEGORIZED BY C OUNTY. 13
496478
497- (ii) Of the most recent water quality test when they sign a lease.
479+ (B) ON AN ONGOING BASIS IMPLEMENTATION OF THE ONLINE PORTAL 14
480+UNDER THIS SECTION ,: 15
498481
499- (b) (1) The requirements of this subsection apply when a private [water
500-supply] well is contaminated by a substance that exceeds:
501- Ch. 587 2023 LAWS OF MARYLAND
482+ (1) A A COUNTY MAY SUBMIT TO THE DEPARTMENT RECORDS OF 16
483+CERTIFICATES OF POTA BILITY, AS REQUIRED UNDER COMAR 26.04.04.30, AND 17
484+ANY RESULTS OF WATER QUALITY TESTING RECE IVED VOLUNTARILY FRO M 18
485+RESIDENTS.; AND 19
502486
503-– 12 –
504- (i) The maximum contaminant level for that substance that is set
505-by the U.S. Environmental Protection Agency for drinking water quality; or
487+ (C) (2) ON A QUARTERLY BASIS , A A STATE–CERTIFIED LABORATORY 20
488+THAT CONDUCTS WATER QUALITY TESTING OF P RIVATE WELLS FOR THE PURPOSE 21
489+OF IMPLEMENTING THIS SUBTITLE SHALL SUBMI T TO THE DEPARTMENT THE 22
490+RESULTS OF EACH WATE R QUALITY TEST CONDU CTED BY THE LABORATO RY IN A 23
491+MANNER DETERMINED BY THE DEPARTMENT . 24
506492
507- (ii) A harmful level for that substance, as determined by the
508-Department.
493+ (C) THE DEPARTMENT SHALL : 25
509494
510- (2) When a water quality test reveals a private [water supply] well is
511-contaminated, the owner of a residential rental property that is served by the well shall:
495+ (1) CONSISTENTLY SHARE TH E INFORMATION COLLEC TED UNDER 26
496+THIS SECTION WITH TH E MARYLAND DEPARTMENT OF HEALTH AND LOCAL HEAL TH 27
497+DEPARTMENTS ; AND 28
512498
513- (i) Notify the Department and the local health department about
514-the contamination;
499+ (2) ENCOURAGE THE MARYLAND DEPARTMENT OF HEALTH AND 29
500+LOCAL HEALTH DEPARTM ENTS TO SHARE RELEVA NT INFORMATION TO TH E ONLINE 30
501+PORTAL. 31
515502
516- (ii) Provide an approved potable water supply until the
517-contamination is permanently remediated; and
503+9–4A–14. RESERVED. 32
504+ 12 HOUSE BILL 11
518505
519- (iii) Within 60 days of the date on which the owner knew of the
520-contamination, resolve the issue, including by:
521506
522- 1. Providing an approved potable water supply on an ongoing
523-basis;
507+9–4A–15. RESERVED. 1
524508
525- 2. Permanently remediating the contamination; or
509+PART IV. RESIDENTIAL RENTAL PROPERTY. 2
526510
527- 3. Providing the tenant with the option to terminate the
528-lease.
511+[9–4A–01.] 9–4A–16. 9–4A–04. 3
529512
530- (c) (1) A person who violates a provision of this section is subject to a civil
531-penalty not exceeding $1,000.
513+ (a) An owner of residential rental property that is served by a private [water 4
514+supply] well shall: 5
532515
533- (2) A local health department may:
516+ (1) Provide for water quality testing every 3 years; 6
534517
535- (i) Enforce this section; and
518+ (2) Disclose to a tenant the results of the water quality testing; and 7
536519
537- (ii) Collect the civil penalty provided under paragraph (1) of this
538-subsection.
520+ (3) Notify a tenant: 8
539521
540- (d) The Department shall adopt regulations to establish minimum criteria for
541-water quality testing required under this section.
522+ (i) After any water quality test required under item (1) of this 9
523+subsection is complete; and 10
542524
543-Article – Real Property
525+ (ii) Of the most recent water quality test when they sign a lease. 11
544526
545-10–713.
527+ (b) (1) The requirements of this subsection apply when a private [water 12
528+supply] well is contaminated by a substance that exceeds: 13
546529
547- (A) IN THIS SECTION , “MAXIMUM CONTAMINANT LEVEL” AND “WATER
548-QUALITY TESTING ” HAVE THE MEANINGS ST ATED IN § 9–4A–01 OF THE
549-ENVIRONMENT ARTICLE. WES MOORE, Governor Ch. 587
530+ (i) The maximum contaminant level for that substance that is set 14
531+by the U.S. Environmental Protection Agency for drinking water quality; or 15
550532
551-– 13 –
533+ (ii) A harmful level for that substance, as determined by the 16
534+Department. 17
552535
553- (B) (1) A CONTRACT FOR THE SALE OF REAL PROPERT Y ON WHICH A
554-PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUD E A
555-PROVISION REQUIRING , AS A CONDITION OF TH E SALE, THAT THE PURCHASER
556-ENSURE THAT WATER QUALITY TESTIN G OF THE WELL BE CON DUCTED.
536+ (2) When a water quality test reveals a private [water supply] well is 18
537+contaminated, the owner of a residential rental property that is served by the well shall: 19
557538
558- (2) (I) SETTLEMENT ON THE C ONTRACT FOR THE SALE OF THE
559-REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND THE PURCHAS ER HAVE
560-EACH RECEIVED AND RE VIEWED THE RESULTS O F THE WATER QUALITY TESTING
561-CONDUCTED UNDER THIS SUBSECTION.
539+ (i) Notify the Department and the local health department about 20
540+the contamination; 21
562541
563- (II) AT SETTLEMENT ON THE CONTRACT FOR THE SAL E OF THE
564-REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN
565-WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE RESULTS OF THE WATER
566-QUALITY TESTING .
542+ (ii) Provide an approved potable water supply until the 22
543+contamination is permanently remediated; and 23
567544
568- (3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE
569-WATER QUALITY TESTIN G REMAIN VALID FOR 3 YEARS.
545+ (iii) Within 60 days of the date on which the owner knew of the 24
546+contamination, resolve the issue, including by: 25
570547
571- (4) A PURCHASER MAY WAIVE IN WRITING THE WATER QUALITY
572-TESTING REQUIREMENTS UNDER THIS SUBSECTIO N.
548+ 1. Providing an approved potable water supply on an ongoing 26
549+basis; 27
573550
574- (C) (1) THIS SUBSECTION APPLI ES TO A STATE–CERTIFIED LABORATORY
575-THAT CONDUCTS WATER QUALITY TESTING FOR THE PURPOSE OF COMPL YING WITH
576-THIS SECTION.
551+ 2. Permanently remediating the contamination; or 28
552+ HOUSE BILL 11 13
577553
578- (2) A STATE–CERTIFIED LABORATORY SHALL PROVIDE THE RE SULTS
579-OF A WATER QUALITY T EST ON A STANDARDIZE D REPORTING FORM , AS REQUIRED
580-BY THE DEPARTMENT OF THE ENVIRONMENT , THAT INCLUDES :
581554
582- (I) A A REPORT ON ANY SUBSTA NCE THAT EXCEEDS :
555+ 3. Providing the tenant with the option to terminate the 1
556+lease. 2
583557
584- 1. (I) THE MAXIMUM CONTAMINANT LEVEL FOR THAT
585-SUBSTANCE; OR
558+ (c) (1) A person who violates a provision of this section is subject to a civil 3
559+penalty not exceeding $1,000. 4
586560
587- 2. (II) A HARMFUL LEVEL FOR TH AT SUBSTANCE , AS
588-DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT ; AND
561+ (2) A local health department may: 5
589562
590- (II) INFORMATION ON THE PRIVATE WELL SAFETY FUND
591-ESTABLISHED UNDER § 9–4A–05 OF THE ENVIRONMENT ARTICLE, INCLUDING THE
592-WEBSITE OF THE DEPARTMENT OF THE ENVIRONMENT ON WHICH INFORMATION ON
593-THE FUND IS POSTED.
594- Ch. 587 2023 LAWS OF MARYLAND
563+ (i) Enforce this section; and 6
595564
596-– 14 –
597- (3) A STATE–CERTIFIED LABORATORY MAY PROVIDE THE RESU LTS
598-OF WATER QUALITY TES TING ONLY TO:
565+ (ii) Collect the civil penalty provided under paragraph (1) of this 7
566+subsection. 8
599567
600- (I) 1. THE VENDOR AND PURCHA SER OF REAL PROPERTY
601-FOR WHICH THE WATER QUALITY TESTING WAS CONDUCTED ; AND
568+ (d) The Department shall adopt regulations to establish minimum criteria for 9
569+water quality testing required under this section. 10
602570
603- 2. ANY PERSON AUTHORIZED BY THE VENDOR OR
604-PURCHASER ;
571+Article – Real Property 11
605572
606- (II) THE DEPARTMENT OF THE ENVIRONMENT IN ACCORD ANCE
607-WITH PARAGRAPH (4) OF THIS SUBSECTION ; AND
573+10–713. 12
608574
609- (III) ANY PERSON DESIGNATED BY A COURT ORDER .
575+ (A) IN THIS SECTION , “MAXIMUM CONTAMINANT LEVEL” AND “WATER 13
576+QUALITY TESTING ” HAVE THE MEANINGS ST ATED IN § 9–4A–01 OF THE 14
577+ENVIRONMENT ARTICLE. 15
610578
611- (4) WITHIN 5 BUSINESS DAYS AFTER COMPLETION OF WATER
612-QUALITY TESTING , A STATE–CERTIFIED LABORATORY SHALL SUBMIT TO THE
613-DEPARTMENT OF THE ENVIRONMENT THE RESUL TS OF WATER QUALITY TESTING
614-AND INCLUDE THE FOLL OWING INFORMATION :
579+ (B) (1) A CONTRACT FOR THE SALE OF REAL PROPERT Y ON WHICH A 16
580+PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUD E A 17
581+PROVISION REQUIRING , AS A CONDITION OF TH E SALE, THAT THE PURCHASER 18
582+ENSURE THAT WATER QUALITY TESTIN G OF THE WELL BE CON DUCTED. 19
615583
616- (I) A STATEMENT THAT THE W ATER QUALITY TESTING IS FOR
617-THE PURPOSE OF COMPL YING WITH THIS SECTI ON;
584+ (2) (I) SETTLEMENT ON THE C ONTRACT FOR THE SALE OF THE 20
585+REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND THE PURCHAS ER HAVE 21
586+EACH RECEIVED AND RE VIEWED THE RESULTS O F THE WATER QUALITY TESTING 22
587+CONDUCTED UNDER THIS SUBSECTION. 23
618588
619- (II) THE LOCATION OF THE R EAL PROPERTY , DESCRIBED BY
620-BLOCK AND LOT NUMBER , STREET ADDRESS , COUNTY, AND, IF APPLICABLE ,
621-MUNICIPALITY;
589+ (II) AT SETTLEMENT ON THE CONTRACT FOR THE SAL E OF THE 24
590+REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 25
591+WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE RESULTS OF THE WATER 26
592+QUALITY TESTING . 27
622593
623- (III) THE NAME AND MAIL ING ADDRESS OF THE P ERSON THAT
624-REQUESTED THE WATER QUALITY TESTING ;
594+ (3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE 28
595+WATER QUALITY TESTIN G REMAIN VALID FOR 3 YEARS. 29
625596
626- (IV) THE NAME OF THE EMPLO YEE OR AN AUTHORIZED
627-REPRESENTATIVE OF TH E LABORATORY WHO COL LECTED THE WELL WATE R
628-SAMPLE;
597+ (4) A PURCHASER MAY WAIVE IN WRITING THE WATER QUALITY 30
598+TESTING REQUIREMENTS UNDER THIS SUBSECTIO N. 31
599+ 14 HOUSE BILL 11
629600
630- (V) THE DATE AND TIME THA T THE WELL WATER SAM PLE WAS
631-COLLECTED AND THE SPECIFIC POI NT OF COLLECTION ;
632601
633- (VI) THE DATE AND TIME THE WELL WATER SAMPLE WA S
634-ANALYZED BY THE LABO RATORY;
602+ (C) (1) THIS SUBSECTION APPLI ES TO A STATE–CERTIFIED LABORATORY 1
603+THAT CONDUCTS WATER QUALITY TESTING FOR THE PURPOSE OF COMPL YING WITH 2
604+THIS SECTION. 3
635605
636- (VII) WHETHER THE WELL WATE R SAMPLE IS RAW WATE R OR
637-FINISHED WATER ;
606+ (2) A STATE–CERTIFIED LABORATORY SHALL PROVIDE THE RE SULTS 4
607+OF A WATER QUALITY T EST ON A STANDARDIZE D REPORTING FORM , AS REQUIRED 5
608+BY THE DEPARTMENT OF THE ENVIRONMENT , THAT INCLUDES : 6
638609
639- (VIII) THE WELL TAG NUMBER , IF KNOWN; AND
640- WES MOORE, Governor Ch. 587
610+ (I) A A REPORT ON ANY SUBSTA NCE THAT EXCEEDS : 7
641611
642-– 15 –
643- (IX) ANY OTH ER INFORMATION REQUI RED BY THE
644-DEPARTMENT OF THE ENVIRONMENT .
612+ 1. (I) THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 8
613+SUBSTANCE; OR 9
645614
646- SECTION 2. AND BE IT FURTHER ENACTED, That the Department of the
647-Environment shall:
615+ 2. (II) A HARMFUL LEVEL FOR TH AT SUBSTANCE , AS 10
616+DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT ; AND 11
648617
649- (1) conduct a study on long–term funding options for the detailed
650-monitoring and analysis of groundwater resources in the State;
618+ (II) INFORMATION ON THE PRIVATE WELL SAFETY FUND 12
619+ESTABLISHED UNDER § 9–4A–05 OF THE ENVIRONMEN T ARTICLE, INCLUDING THE 13
620+WEBSITE OF THE DEPARTMENT OF THE ENVIRONMENT ON WHICH INFORMATION ON 14
621+THE FUND IS POSTED. 15
651622
652- (2) on or before December 1, 2025, submit a report of its findings and
653-recommendations for long–term funding options under paragraph (1) of this section to the
654-Governor and, in accordance with § 2–1257 of the State Government Article, the General
655-Assembly; and
623+ (3) A STATE–CERTIFIED LABORATORY MAY PROVIDE THE RESU LTS 16
624+OF WATER QUALITY TES TING ONLY TO: 17
656625
657- (3) assist in identifying a funding source for a private well grant fund.
626+ (I) 1. THE VENDOR AND PURCHA SER OF REAL PROP ERTY 18
627+FOR WHICH THE WATER QUALITY TESTING WAS CONDUCTED ; AND 19
658628
659- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
660-October 1, 2024.
629+ 2. ANY PERSON AUTHORIZED BY THE VENDOR OR 20
630+PURCHASER ; 21
661631
662-Approved by the Governor, May 8, 2023.
632+ (II) THE DEPARTMENT OF THE ENVIRONMENT IN ACCORD ANCE 22
633+WITH PARAGRAPH (4) OF THIS SUBSECTION ; AND 23
634+
635+ (III) ANY PERSON DESIGNATED BY A COURT ORDER . 24
636+
637+ (4) WITHIN 5 BUSINESS DAYS AFTER COMPLETION OF WATER 25
638+QUALITY TESTING , A STATE–CERTIFIED LABORATORY SHALL SUBMIT TO THE 26
639+DEPARTMENT OF THE ENVIRONMENT THE RESUL TS OF WATER QUALITY TESTING 27
640+AND INCLUDE THE FOLL OWING INFORMATION : 28
641+
642+ (I) A STATEMENT THAT THE W ATER QUALITY TESTING IS FOR 29
643+THE PURPOSE OF COMPL YING WITH THIS SECTI ON; 30
644+ HOUSE BILL 11 15
645+
646+
647+ (II) THE LOCATION OF THE R EAL PROPERTY , DESCRIBED BY 1
648+BLOCK AND LOT NUMBER , STREET ADDRESS , COUNTY, AND, IF APPLICABLE , 2
649+MUNICIPALITY; 3
650+
651+ (III) THE NAME AND MAILING ADDRESS OF T HE PERSON THAT 4
652+REQUESTED THE WATER QUALITY TESTING ; 5
653+
654+ (IV) THE NAME OF THE EMPLO YEE OR AN AUTHORIZED 6
655+REPRESENTATIVE OF TH E LABORATORY WHO COL LECTED THE WELL WATE R 7
656+SAMPLE; 8
657+
658+ (V) THE DATE AND TIME THA T THE WELL WATER SAM PLE WAS 9
659+COLLECTED AND THE SPECIFIC POINT OF COLLECTION ; 10
660+
661+ (VI) THE DATE AND TIME THE WELL WATER SAMPLE WA S 11
662+ANALYZED BY THE LABO RATORY; 12
663+
664+ (VII) WHETHER THE WELL WATE R SAMPLE IS RAW WATE R OR 13
665+FINISHED WATER ; 14
666+
667+ (VIII) THE WELL TAG NUMBER , IF KNOWN; AND 15
668+
669+ (IX) ANY OTHER INFORMATION RE QUIRED BY THE 16
670+DEPARTMENT OF THE ENVIRONMENT . 17
671+
672+ SECTION 2. AND BE IT FURTHER ENACTED, That the Department of the 18
673+Environment shall: 19
674+
675+ (1) conduct a study on long–term funding options for the detailed 20
676+monitoring and analysis of groundwater resources in the State; 21
677+
678+ (2) on or before December 1, 2025, submit a report of its findings and 22
679+recommendations for long–term funding options under paragraph (1) of this section to the 23
680+Governor and, in accordance with § 2–1257 of the State Government Article, the General 24
681+Assembly; and 25
682+
683+ (3) assist in identifying a funding source for a private well grant fund. 26
684+
685+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
686+October 1, 2024. 28
687+
688+
689+