MD
Maryland House Bill HB30

Maryland 2023 Regular Session

Maryland House Bill HB30 Compare Versions

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1- WES MOORE, Governor Ch. 66
21
3-– 1 –
4-Chapter 66
5-(House Bill 30)
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+ *hb0030*
89
9-Environment – On–Site Wastewater Services – Board, Fees, and Penalties
10+HOUSE BILL 30
11+M3 EMERGENCY BILL 3lr0594
12+ (PRE–FILED) CF SB 7
13+By: Delegate Stein
14+Requested: October 21, 2022
15+Introduced and read first time: January 11, 2023
16+Assigned to: Environment and Transportation
17+Committee Report: Favorable
18+House action: Adopted
19+Read second time: February 26, 2023
1020
11-FOR the purpose of altering the composition of the State Board of On–Site Wastewater
12-Professionals; clarifying and altering the distribution of certain fees and penalties;
13-clarifying the application of certain license requirements and penalties; and
14-generally relating to the regulation of on–site wastewater services.
21+CHAPTER ______
1522
16-BY repealing and reenacting, with amendments,
17- Article – Environment
18-Section 9–217.2, 9–11A–06(a), and 9–11A–15
19- Annotated Code of Maryland
20- (2014 Replacement Volume and 2022 Supplement)
23+AN ACT concerning 1
2124
22-BY repealing and reenacting, without amendments,
23- Article – Environment
24-Section 9–11A–01(a) and (b) and 9–11A–11
25- Annotated Code of Maryland
26- (2014 Replacement Volume and 2022 Supplement)
25+Environment – On–Site Wastewater Services – Board, Fees, and Penalties 2
2726
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
27+FOR the purpose of altering the composition of the State Board of On–Site Wastewater 3
28+Professionals; clarifying and altering the distribution of certain fees and penalties; 4
29+clarifying the application of certain license requirements and penalties; and 5
30+generally relating to the regulation of on–site wastewater services. 6
3031
31-Article – Environment
32+BY repealing and reenacting, with amendments, 7
33+ Article – Environment 8
34+Section 9–217.2, 9–11A–06(a), and 9–11A–15 9
35+ Annotated Code of Maryland 10
36+ (2014 Replacement Volume and 2022 Supplement) 11
3237
33-9–217.2.
38+BY repealing and reenacting, without amendments, 12
39+ Article – Environment 13
40+Section 9–11A–01(a) and (b) and 9–11A–11 14
41+ Annotated Code of Maryland 15
42+ (2014 Replacement Volume and 2022 Supplement) 16
3443
35- (a) In this section, “license holder” means an individual who holds a valid on–site
36-wastewater property transfer inspection license issued by the Department under this
37-section.
44+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
45+That the Laws of Maryland read as follows: 18
3846
39- (b) This section does not apply to an individual who inspects an on–site sewage
40-disposal system as a part of the individual’s duties as an employee of the federal
41-government, the State, or any local government of the State.
47+Article – Environment 19
48+ 2 HOUSE BILL 30
4249
43- (c) On or after July 1, 2022, an individual may not engage in the business of
44-inspecting an on–site sewage disposal system FOR THE PURPOSE OF P ROPERTY
45-TRANSFER unless the individual holds a valid on–site wastewater property transfer
46-inspection license issued by the Department.
47- Ch. 66 2023 LAWS OF MARYLAND
4850
49-– 2 –
50- (d) (1) On or before January 1, 2022, the Department shall adopt regulations
51-establishing eligibility criteria, minimum training standards for on–site wastewater
52-property transfer inspection licenses, the frequency with which licenses must be renewed,
53-and the fees for license applications and renewals.
51+9–217.2. 1
5452
55- (2) The regulations adopted under this subsection shall require that:
53+ (a) In this section, “license holder” means an individual who holds a valid on–site 2
54+wastewater property transfer inspection license issued by the Department under this 3
55+section. 4
5656
57- (i) The training include instruction on determining whether an
58-on–site sewage disposal system is:
57+ (b) This section does not apply to an individual who inspects an on–site sewage 5
58+disposal system as a part of the individual’s duties as an employee of the federal 6
59+government, the State, or any local government of the State. 7
5960
60- 1. In need of replacement or repair; and
61+ (c) On or after July 1, 2022, an individual may not engage in the business of 8
62+inspecting an on–site sewage disposal system FOR THE PURPOSE OF P ROPERTY 9
63+TRANSFER unless the individual holds a valid on–site wastewater property transfer 10
64+inspection license issued by the Department. 11
6165
62- 2. Not in compliance with statutory or r egulatory
63-requirements; and
66+ (d) (1) On or before January 1, 2022, the Department shall adopt regulations 12
67+establishing eligibility criteria, minimum training standards for on–site wastewater 13
68+property transfer inspection licenses, the frequency with which licenses must be renewed, 14
69+and the fees for license applications and renewals. 15
6470
65- (ii) Each inspection performed by a license holder follows the
66-inspection format provided by the Department.
71+ (2) The regulations adopted under this subsection shall require that: 16
6772
68- (e) (1) An applicant for a license under this section shall:
73+ (i) The training include instruction on determining whether an 17
74+on–site sewage disposal system is: 18
6975
70- [(1)] (I) Submit an application to the Department on the form the
71-Department provides; and
76+ 1. In need of replacement or repair; and 19
7277
73- [(2)] (II) Pay an application fee set by the Department.
78+ 2. Not in compliance with statutory or regulatory 20
79+requirements; and 21
7480
75- (2) APPLICATION FEES COLL ECTED BY THE DEPARTMENT UNDER
76-THIS SUBSECTION SHAL L BE PAID INTO THE ON–SITE WASTEWATER
77-PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS TITLE.
81+ (ii) Each inspection performed by a license holder follows the 22
82+inspection format provided by the Department. 23
7883
79- (f) (1) An individual who violates a provision of this section or any regulation
80-adopted under this section is subject to an administrative penalty not exceeding $10,000.
84+ (e) (1) An applicant for a license under this section shall: 24
8185
82- (2) Each on–site sewage disposal system that an individual knowingly
83-inspects FOR THE PURPOSE OF P ROPERTY TRANSFER without a valid on–site
84-wastewater property transfer inspection license constitutes a separate violation of this
85-section.
86+ [(1)] (I) Submit an application to the Department on the form the 25
87+Department provides; and 26
8688
87- (3) Any administrative penalty collected by the Department under this
88-subsection shall be paid into the [separate account within the Bay Restoration Fund
89-established under § 9–1605.2(h)] MARYLAND CLEAN WATER FUND ESTABLISHED
90-UNDER § 9–320 of this title.
89+ [(2)] (II) Pay an application fee set by the Department. 27
9190
92- (g) A local government may establish additional requirements for inspections of
93-on–site sewage disposal systems.
94- WES MOORE, Governor Ch. 66
91+ (2) APPLICATION FEES COLL ECTED BY THE DEPARTMENT UNDER 28
92+THIS SUBSECTION SHAL L BE PAID INTO THE ON–SITE WASTEWATER 29
93+PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS TITLE. 30
9594
96-– 3 –
97-9–11A–01.
95+ (f) (1) An individual who violates a provision of this section or any regulation 31
96+adopted under this section is subject to an administrative penalty not exceeding $10,000. 32 HOUSE BILL 30 3
9897
99- (a) In this subtitle the following words have the meanings indicated.
10098
101- (b) “Board” means the State Board of On–Site Wastewater Professionals.
10299
103-9–11A–06.
100+ (2) Each on–site sewage disposal system that an individual knowingly 1
101+inspects FOR THE PURPOSE OF P ROPERTY TRANSFER without a valid on–site 2
102+wastewater property transfer inspection license constitutes a separate violation of this 3
103+section. 4
104104
105- (a) (1) The Board consists of the following members:
105+ (3) Any administrative penalty collected by the Department under this 5
106+subsection shall be paid into the [separate account within the Bay Restoration Fund 6
107+established under § 9–1605.2(h)] MARYLAND CLEAN WATER FUND ESTABLISHED 7
108+UNDER § 9–320 of this title. 8
106109
107- (i) The Secretary, or the Secretary’s designee;
110+ (g) A local government may establish additional requirements for inspections of 9
111+on–site sewage disposal systems. 10
108112
109- (ii) Six individuals appointed by the Governor with the advice of the
110-Secretary and with the advice and consent of the Senate;
113+9–11A–01. 11
111114
112- (iii) One individual designated by the Maryland Onsite Wastewater
113-Professionals Association; and
115+ (a) In this subtitle the following words have the meanings indicated. 12
114116
115- (iv) One representative of the Maryland Conference of Local
116-Environmental Health Directors, designated by the Maryland Conference of Local
117-Environmental Health Directors.
117+ (b) “Board” means the State Board of On–Site Wastewater Professionals. 13
118118
119- (2) Of the members of the Board:
119+9–11A–06. 14
120120
121- (i) At least [six] FIVE shall be on–site wastewater professionals;
122-and
121+ (a) (1) The Board consists of the following members: 15
123122
124- (ii) Two shall be consumer members.
123+ (i) The Secretary, or the Secretary’s designee; 16
125124
126- (3) (i) [Of the] THE on–site wastewater professional members of the
127-Board[:
125+ (ii) Six individuals appointed by the Governor with the advice of the 17
126+Secretary and with the advice and consent of the Senate; 18
128127
129- 1. At least one shall be from the area that consists of
130-Allegany County, Frederick County, Garrett County, and Washington County;
128+ (iii) One individual designated by the Maryland Onsite Wastewater 19
129+Professionals Association; and 20
131130
132- 2. At least one shall be from the area that consists of
133-Baltimore City, Baltimore County, Carroll County, Harford County, Howard County, and
134-Montgomery County;
131+ (iv) One representative of the Maryland Conference of Local 21
132+Environmental Health Directors, designated by the Maryland Conference of Local 22
133+Environmental Health Directors. 23
135134
136- 3. At least one shall be from the area that consists of Anne
137-Arundel County and Prince George’s County;
135+ (2) Of the members of the Board: 24
138136
139- 4. At least one shall be from the area that consists of Caroline
140-County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset
141-County, Talbot County, Wicomico County, and Worcester County; and
142- Ch. 66 2023 LAWS OF MARYLAND
137+ (i) At least [six] FIVE shall be on–site wastewater professionals; 25
138+and 26
143139
144-– 4 –
145- 5. At least one shall be from the area that consists of Calvert
146-County, Charles County, and St. Mary’s County] SHALL BE REPRESENTAT IVE OF ALL
147-GEOGRAPHIC REGIONS O F THE STATE.
140+ (ii) Two shall be consumer members. 27
148141
149- (ii) Before July 1, 2026, the on–site wastewater professional
150-members of the Board shall:
142+ (3) (i) [Of the] THE on–site wastewater professional members of the 28
143+Board[: 29
144+ 4 HOUSE BILL 30
151145
152- 1. Be licensed by a local government; or
153146
154- 2. Hold a letter from the local health department stating that
155-the member has been providing on–site wastewater services for a minimum of 7 years and
156-is in good standing.
147+ 1. At least one shall be from the area that consists of 1
148+Allegany County, Frederick County, Garrett County, and Washington County; 2
157149
158- (iii) On and after July 1, 2026, and in accordance with this subtitle,
159-the on–site wastewater professional members of the Board shall be licensed by the Board.
150+ 2. At least one shall be from the area that consists of 3
151+Baltimore City, Baltimore County, Carroll County, Harford County, Howard County, and 4
152+Montgomery County; 5
160153
161- (4) Each consumer member of the Board:
154+ 3. At least one shall be from the area that consists of Anne 6
155+Arundel County and Prince George’s County; 7
162156
163- (i) Shall be a member of the general public;
157+ 4. At least one shall be from the area that consists of Caroline 8
158+County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset 9
159+County, Talbot County, Wicomico County, and Worcester County; and 10
164160
165- (ii) May not be a licensee or otherwise be subject to regulation by the
166-Board;
161+ 5. At least one shall be from the area that consists of Calvert 11
162+County, Charles County, and St. Mary’s County] SHALL BE REPRESENTAT IVE OF ALL 12
163+GEOGRAPHIC REGIONS OF THE STATE. 13
167164
168- (iii) May not be required to meet the qualifications for the
169-professional members of the Board; and
165+ (ii) Before July 1, 2026, the on–site wastewater professional 14
166+members of the Board shall: 15
170167
171- (iv) May not, within 1 year before appointment, have had a financial
172-interest in or have received compensation from a person regulated by the Board.
168+ 1. Be licensed by a local government; or 16
173169
174-9–11A–11.
170+ 2. Hold a letter from the local health department stating that 17
171+the member has been providing on–site wastewater services for a minimum of 7 years and 18
172+is in good standing. 19
175173
176- (a) In this section, “Fund” means the On–Site Wastewater Professionals Fund.
174+ (iii) On and after July 1, 2026, and in accordance with this subtitle, 20
175+the on–site wastewater professional members of the Board shall be licensed by the Board. 21
177176
178- (b) There is an On–Site Wastewater Professionals Fund.
177+ (4) Each consumer member of the Board: 22
179178
180- (c) The purpose of the Fund is to provide funding to maintain the Board.
179+ (i) Shall be a member of the general public; 23
181180
182- (d) The Board shall administer the Fund.
181+ (ii) May not be a licensee or otherwise be subject to regulation by the 24
182+Board; 25
183183
184- (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
185-the State Finance and Procurement Article.
184+ (iii) May not be required to meet the qualifications for the 26
185+professional members of the Board; and 27
186186
187- (2) The State Treasurer shall hold the Fund separately, and the
188-Comptroller shall account for the Fund.
187+ (iv) May not, within 1 year before appointment, have had a financial 28
188+interest in or have received compensation from a person regulated by the Board. 29
189189
190- (f) The Fund consists of: WES MOORE, Governor Ch. 66
190+9–11A–11. 30
191191
192-– 5 –
192+ (a) In this section, “Fund” means the On–Site Wastewater Professionals Fund. 31
193+ HOUSE BILL 30 5
193194
194- (1) All fees, penalties, and fines collected under this subtitle;
195195
196- (2) Money appropriated in the State budget to the Fund;
196+ (b) There is an On–Site Wastewater Professionals Fund. 1
197197
198- (3) Interest earnings of the Fund;
198+ (c) The purpose of the Fund is to provide funding to maintain the Board. 2
199199
200- (4) Donations to the Fund; and
200+ (d) The Board shall administer the Fund. 3
201201
202- (5) Any other money from any other source accepted for the benefit of the
203-Fund.
202+ (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 4
203+the State Finance and Procurement Article. 5
204204
205- (g) The Fund shall be used only to pay for the cost of creating the Board,
206-maintenance of the Board, reasonable administrative costs, and implement the provisions
207-of this subtitle.
205+ (2) The State Treasurer shall hold the Fund separately, and the 6
206+Comptroller shall account for the Fund. 7
208207
209- (h) (1) The State Treasurer shall invest the money of the Fund in the same
210-manner as other State money may be invested.
208+ (f) The Fund consists of: 8
211209
212- (2) Any interest earnings of the Fund shall be credited to the Fund.
210+ (1) All fees, penalties, and fines collected under this subtitle; 9
213211
214- (i) Expenditures from the Fund may be made only in accordance with the State
215-budget.
212+ (2) Money appropriated in the State budget to the Fund; 10
216213
217- (j) Money expended from the Fund to maintain the Board or implement the
218-provisions of this subtitle is supplemental to and is not intended to take the place of funding
219-that otherwise would be appropriated for the Board.
214+ (3) Interest earnings of the Fund; 11
220215
221-9–11A–15.
216+ (4) Donations to the Fund; and 12
222217
223- (a) (1) Except as provided in paragraph (2) of this subsection, an individual
224-shall be licensed by the Board in accordance with this subtitle before the individual may
225-provide on–site wastewater services in the State.
218+ (5) Any other money from any other source accepted for the benefit of the 13
219+Fund. 14
226220
227- (2) (i) An individual who provides on–site wastewater services in the
228-State may continue to provide on–site wastewater services until the licensing requirements
229-are established by the Department by regulation if the individual:
221+ (g) The Fund shall be used only to pay for the cost of creating the Board, 15
222+maintenance of the Board, reasonable administrative costs, and implement the provisions 16
223+of this subtitle. 17
230224
231- 1. Complies with all applicable State and local laws and
232-regulations;
225+ (h) (1) The State Treasurer shall invest the money of the Fund in the same 18
226+manner as other State money may be invested. 19
233227
234- 2. On or before December 31, 2022, pays to the Department
235-a fee of $150; and
228+ (2) Any interest earnings of the Fund shall be credited to the Fund. 20
236229
237- 3. Every 2 years thereafter until the Department sets fees in
238-accordance with § 9–11A–10 of this subtitle, pays to the Department a renewal fee of $150. Ch. 66 2023 LAWS OF MARYLAND
230+ (i) Expenditures from the Fund may be made only in accordance with the State 21
231+budget. 22
239232
240-– 6 –
233+ (j) Money expended from the Fund to maintain the Board or implement the 23
234+provisions of this subtitle is supplemental to and is not intended to take the place of funding 24
235+that otherwise would be appropriated for the Board. 25
241236
242- (ii) All fees collected by the Department under this paragraph shall
243-be [used]:
237+9–11A–15. 26
244238
245- 1. PAID INTO THE ON–SITE WASTEWATER
246-PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS SUBTITLE; AND
239+ (a) (1) Except as provided in paragraph (2) of this subsection, an individual 27
240+shall be licensed by the Board in accordance with this subtitle before the individual may 28
241+provide on–site wastewater services in the State. 29
242+ 6 HOUSE BILL 30
247243
248- 2. USED by the Department to:
249244
250- [1.] A. Pay for the creation of the Board;
245+ (2) (i) An individual who provides on–site wastewater services in the 1
246+State may continue to provide on–site wastewater services until the licensing requirements 2
247+are established by the Department by regulation if the individual: 3
251248
252- [2.] B. Cover reasonable administrative costs; and
249+ 1. Complies with all applicable State and local laws and 4
250+regulations; 5
253251
254- [3.] C. Implement the provisions of this subtitle.
252+ 2. On or before December 31, 2022, pays to the Department 6
253+a fee of $150; and 7
255254
256- (b) To qualify for a license, an applicant shall meet the requirements established
257-by the Department by regulation.
255+ 3. Every 2 years thereafter until the Department sets fees in 8
256+accordance with § 9–11A–10 of this subtitle, pays to the Department a renewal fee of $150. 9
258257
259- (c) To apply for a license, an applicant shall:
258+ (ii) All fees collected by the Department under this paragraph shall 10
259+be [used]: 11
260260
261- (1) Submit to the Board an application on the form that the Board provides;
262-and
261+ 1. PAID INTO THE ON–SITE WASTEWATER 12
262+PROFESSIONALS FUND ESTABLISHED UNDE R § 9–11A–11 OF THIS SUBTITLE; AND 13
263263
264- (2) Pay to the Board the required application fee set by the Department by
265-regulation.
264+ 2. USED by the Department to: 14
266265
267- (d) A license issued by the Board in accordance with this subtitle is valid for 2
268-years.
266+ [1.] A. Pay for the creation of the Board; 15
269267
270- (e) In accordance with the requirements established by the Department by
271-regulation, the Board may issue a certification to an individual to perform specific tasks
272-associated with on–site wastewater services if the individual:
268+ [2.] B. Cover reasonable administrative costs; and 16
273269
274- (1) Is licensed by the Board; or
270+ [3.] C. Implement the provisions of this subtitle. 17
275271
276- (2) Holds a professional license that is approved by the Board.
272+ (b) To qualify for a license, an applicant shall meet the requirements established 18
273+by the Department by regulation. 19
277274
278- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
279-measure, is necessary for the immediate preservation of the public health or safety, has
280-been passed by a yea and nay vote supported by three–fifths of all the members elected to
281-each of the two Houses of the General Assembly, and shall take effect from the date it is
282-enacted.
275+ (c) To apply for a license, an applicant shall: 20
283276
284-Approved by the Governor, April 11, 2023.
277+ (1) Submit to the Board an application on the form that the Board provides; 21
278+and 22
279+
280+ (2) Pay to the Board the required application fee set by the Department by 23
281+regulation. 24
282+
283+ (d) A license issued by the Board in accordance with this subtitle is valid for 2 25
284+years. 26
285+
286+ (e) In accordance with the requirements established by the Department by 27
287+regulation, the Board may issue a certification to an individual to perform specific tasks 28
288+associated with on–site wastewater services if the individual: 29
289+
290+ (1) Is licensed by the Board; or 30 HOUSE BILL 30 7
291+
292+
293+
294+ (2) Holds a professional license that is approved by the Board. 1
295+
296+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 2
297+measure, is necessary for the immediate preservation of the public health or safety, has 3
298+been passed by a yea and nay vote supported by three–fifths of all the members elected to 4
299+each of the two Houses of the General Assembly, and shall take effect from the date it is 5
300+enacted. 6
301+
302+
303+
304+Approved:
305+________________________________________________________________________________
306+ Governor.
307+________________________________________________________________________________
308+ Speaker of the House of Delegates.
309+________________________________________________________________________________
310+ President of the Senate.