Maryland 2023 Regular Session

Maryland Senate Bill SB512 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0512
6	6
7	7	SENATE BILL 512
8	8	M3 3lr2857
9	9
10	10	By: Senator Lam
11	11	Introduced and read first time: February 3, 2023
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Drinking Water – Legionella Pneumophila Bacterium – Minimizing Growth and 2
19	19	Transmission 3
20	20
21	21	FOR the purpose of requiring a certain supplier of water to maintain a certain residual 4
22	22	disinfectant level of chlorine in the water distribution system and conduct certain 5
23	23	sampling and analysis; requiring a certain supplier of water to provide certain notice 6
24	24	of certain water distribution system disruptions; requiring the Department of the 7
25	25	Environment, in consultation with certain entities, to develop a best practices guide 8
26	26	for individuals to reduce the risk of contracting disease caused by Legionella 9
27	27	pneumophila bacterium; specifying that certain penalties collected for a violation of 10
28	28	this Act shall be distributed to a special fund to be used for certain purposes; and 11
29	29	generally relating to drinking water and Legionella pneumophila bacterium. 12
30	30
31	31	BY repealing and reenacting, without amendments, 13
32	32	Article – Environment 14
33	33	Section 9–401(a), (l), and (m) and 9–413(c) 15
34	34	Annotated Code of Maryland 16
35	35	(2014 Replacement Volume and 2022 Supplement) 17
36	36
37	37	BY adding to 18
38	38	Article – Environment 19
39	39	Section 9–407.1 20
40	40	Annotated Code of Maryland 21
41	41	(2014 Replacement Volume and 2022 Supplement) 22
42	42
43	43	BY repealing and reenacting, with amendments, 23
44	44	Article – Environment 24
45	45	Section 9–413(d) 25
46	46	Annotated Code of Maryland 26
47	47	(2014 Replacement Volume and 2022 Supplement) 27
48	48	2 SENATE BILL 512
49	49
50	50
51	51	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52	52	That the Laws of Maryland read as follows: 2
53	53
54	54	Article – Environment 3
55	55
56	56	9–401. 4
57	57
58	58	(a) In this subtitle the following words have the meanings indicated. 5
59	59
60	60	(l) (1) “Public water system” means a system that: 6
61	61
62	62	(i) Provides to the public water for human consumption through 7
63	63	pipes or other constructed conveyances; and 8
64	64
65	65	(ii) 1. Has at least 15 service connections; or 9
66	66
67	67	2. Regularly serves at least 25 individuals. 10
68	68
69	69	(2) “Public water system” includes: 11
70	70
71	71	(i) Any collection, treatment, storage, or distribution facility that is 12
72	72	under the control of the operator of the system and is used primarily in connection with the 13
73	73	system; and 14
74	74
75	75	(ii) Any collection or pretreatment storage facility that is not under 15
76	76	the control of the operator of the system and is used primarily in connection with the 16
77	77	system. 17
78	78
79	79	(m) “Supplier of water” means any person who owns or operates a public water 18
80	80	system. 19
81	81
82	82	9–407.1. 20
83	83
84	84	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
85	85	INDICATED. 22
86	86
87	87	(2) (I) “PLANNED D ISRUPTION” MEANS A KNOWN, PLANNED, OR 23
88	88	ANTICIPATED DISRUPTI ON TO THE WATER DISTRIB UTION SYSTEM. 24
89	89
90	90	(II) “PLANNED DISRUPTION ” INCLUDES KNOWN, PLANNED, OR 25
91	91	ANTICIPATED: 26
92	92
93	93	1. CONSTRUCTION ACTIVITIES; 27
94	94
95	95	2. WATER AND SEWER SYSTE M MAINTENANCE ; 28
96	96	SENATE BILL 512 3
97	97
98	98
99	99	3. SOURCE WATER DISTURBA NCES OR MAINTENANCE ; 1
100	100
101	101	4. CHANGES TO CHEMICAL T REATMENTS OR 2
102	102	DISINFECTANTS ; 3
103	103
104	104	5. LEAD PIPE AND WATER I NFRASTRUCTURE 4
105	105	REPLACEMENT ; AND 5
106	106
107	107	6. CHANGES TO WATER SOUR CING, PRESSURES, AND 6
108	108	FLOWS. 7
109	109
110	110	(3) (I) “UNPLANNED DISRUPTION” MEANS AN UNPLANNED 8
111	111	DISRUPTION TO THE WA TER DISTRIBUTION SYS TEM. 9
112	112
113	113	(II) “UNPLANNED DISRUPTION ” INCLUDES: 10
114	114
115	115	1. FLOODING; 11
116	116
117	117	2. WATER MAIN BREAKS ; 12
118	118
119	119	3. SYSTEM FAILURES AND D ISRUPTIONS; 13
120	120
121	121	4. EQUIPMENT FAILURES ; 14
122	122
123	123	5. CHEMICAL AND DISINFEC TANT TREATMENT 15
124	124	INTERRUPTIONS ; 16
125	125
126	126	6. SEVERE STORMS ; 17
127	127
128	128	7. EARTHQUAKES ; 18
129	129
130	130	8. MAJOR FIRES; AND 19
131	131
132	132	9. UNPLANNED CHANGES TO FLOWS OR PRESSURES . 20
133	133
134	134	(B) (1) NOTWITHSTANDING § 9–407(B) OF THIS SUBTITLE , A SUPPLIER 21
135	135	OF WATER SHALL: 22
136	136
137	137	(I) MAINTAIN A DETECTABLE RESIDUAL DISINFECTANT LEVEL 23
138	138	OF AT LEAST 0.5 MILLIGRAMS PER LITER OF CHLORINE , NOT TO EXCEED THE 24
139	139	MAXIMUM RESIDUAL DIS INFECTANT LEVEL SET BY THE U.S. ENVIRONMENTAL 25
140	140	PROTECTION AGENCY, IN THE WATER DISTRIBUTI ON SYSTEM; AND 26
141	141	4 SENATE BILL 512
142	142
143	143
144	144	(II) AT FREQUENT AND REGUL AR INTERVALS , CONDUCT 1
145	145	SAMPLING AND ANALYSI S OF RESIDUAL DISINFECTANT CONCENTRATIONS TO 2
146	146	DETERMINE THE RESIDUAL DISINFECTANT LEVEL OF CHLORINE AT ALL POINTS IN 3
147	147	THE DISTRIBUTION SYSTEM . 4
148	148
149	149	(2) THE DEPARTMENT MAY ADOPT REGULATIONS TO REQUI RE: 5
150	150
151	151	(I) ADDITIONAL DISINFECTA NT OR SAMPLING REQUIREMENTS 6
152	152	FOR PUBLIC WATER SYSTEMS IN ORDER TO MINIMIZE THE GROWTH AND 7
153	153	TRANSMISSION OF LEGIONELLA PNEUMOPHIL A BACTERIUM; AND 8
154	154
155	155	(II) THE MONITORING OF PUB LIC WATER SYSTEMS DU RING 9
156	156	PLANNED DISRUPTIONS AND UNPLANNED DISRUPTIONS. 10
157	157
158	158	(C) AS SOON AS PRACTICABL E BUT NOT LATER THAN 4 HOURS AFTER A 11
159	159	SUPPLIER OF WATER BE CAME AWARE OF A WATER DISTRIBUTION SYSTEM 12
160	160	DISRUPTION THAT MAY RESULT IN INCREASED LEVELS OF LEGIONELLA 13
161	161	PNEUMOPHILA BACTERIU M IN THE DISTRIBUTION SYSTEM, A SUPPLIER OF WATER 14
162	162	SHALL CONDUCT WATER SAMPLING AND ANALYSIS FOR: 15
163	163
164	164	(1) LEGIONELLA PNEUMOPHIL A BACTERIUM; AND 16
165	165
166	166	(2) RESIDUAL DISINFECTANT LEVELS OF CHLORINE. 17
167	167
168	168	(D) (1) AT LEAST 30 DAYS BEFORE A PLANNE D DISRUPTION, A SUPPLIER 18
169	169	OF WATER SHALL PROVIDE NOTICE OF TH E PLANNED DISRUPTION TO ALL 19
170	170	RESIDENTIAL, COMMERCIAL , AND INSTITUTIONAL CU STOMERS AND RESIDENT S 20
171	171	SERVED BY THE PUBLIC WATER SYSTEM AND LOCATED IN THE SERVI CE AREA. 21
172	172
173	173	(2) AS SOON AS PRACTICABL E BUT NOT LATER THAN 4 HOURS AFTER 22
174	174	THE TIME A SUPPLIER OF WATER BECAME AWARE OF AN UNPLANNED DISRUPTION 23
175	175	THAT MAY RESULT IN I NCREASED LEVELS OF LEGIONELLA PNEUMOPHIL A 24
176	176	BACTERIUM IN THE WATER DISTRIBUTION S YSTEM, THE SUPPLIER OF WATER SHALL 25
177	177	PROVIDE NOTICE OF TH E UNPLANNED DISRUPTI ON TO ALL RESIDENTIAL , 26
178	178	COMMERCIAL , AND INSTITUTIONAL CU STOMERS AND RESIDENT S SERVED BY THE 27
179	179	PUBLIC WATER SYSTEM AND LOCATED IN THE SERVIC E AREA. 28
180	180
181	181	(3) THE NOTICE REQUIRED UNDER PARAG RAPHS (1) AND (2) OF THIS 29
182	182	SUBSECTION SHALL INCLUDE : 30
183	183
184	184	(I) SPECIFIC DETAILS THAT DESCRIBE THE UNPLANNED 31
185	185	DISRUPTION OR THE PLANNED DISRUPTION ; 32
186	186	SENATE BILL 512 5
187	187
188	188
189	189	(II) DATE, TIME, AND LOCATION OF THE DISRUPTION; 1
190	190
191	191	(III) IDENTIFICATION OF HOMES, NEIGHBORHOODS , AND AREAS 2
192	192	OF THE COMMUNITY AT ELEVATED RISK DUE TO THE DISRUPTION , INCLUDING BY 3
193	193	EVALUATING WATER DISTRIBUTION F LOWS FROM THE POINT OF DISRUPTION TO 4
194	194	ALERT USERS LIKELY T O BE IMPACTED; 5
195	195
196	196	(IV) A DESCRIPTION OF ANY A CTIONS UNDERTAKEN TO 6
197	197	CORRECT THE EFFECTS OF THE DISRU PTION; 7
198	198
199	199	(V) EXPECTED TIME TO RESOLVE THE INITIAL DISRUPTI ON; 8
200	200
201	201	(VI) INFORMATION ON LEGIONELLA PNEUMOPHIL A BACTERIUM 9
202	202	RISKS AND OTHER PATH OGEN RISKS, INCLUDING INFORMATIO N ON RISKS TO 10
203	203	INDIVIDUALS WHO ARE ELDERLY OR IMMUNOCOMPROMISED ; 11
204	204
205	205	(VII) THE ESTIMATED LENGTH OF TIME THAT THE LEV EL OF 12
206	206	LEGIONELLA PNEUMOPHIL A BACTERIUM MAY REMAIN ELEVATED ; AND 13
207	207
208	208	(VIII) MEASURES CONSUMERS CA N TAKE TO REDUCE OR 14
209	209	ELIMINATE EXPOSURE T O LEGIONELLA PNEUMOPHILA BACTERIU M, INCLUDING: 15
210	210
211	211	1. FLUSHING WATER LINES DURING AND AFTER 16
212	212	COMPLETION OF CONSTR UCTION WORK ; 17
213	213
214	214	2. REMOVING AND CLEANING FAUCET AERATOR 18
215	215	SCREENS AND SHOWERHE ADS; 19
216	216
217	217	3. INSTALLING A WATER FI LTER OR WATER TREATM ENT 20
218	218	DEVICE TO REMOVE LEGIONELLA PNEUMOPHILA BACTERIUM; AND 21
219	219
220	220	4. DRAINING AND FLUSHING HOT WATER HEATERS , 22
221	221	INCLUDING RAISING HO T WATER TEMPERATURE TO A MINIMUM OF 130 DEGREES 23
222	222	FAHRENHEIT. 24
223	223
224	224	(E) (1) THE DEPARTMENT SHALL DEVELOP AND PUBLISH A BEST 25
225	225	PRACTICES GUIDE FOR INDIVIDUALS TO REDUC E THE RISK OF CONTRACT ING 26
226	226	DISEASE CAUSED BY LEGIONELLA PNEUMOPHIL A BACTERIUM. 27
227	227
228	228	(2) IN DEVELOPING THE BES T PRACTICES GUIDE UN DER PARAGRAPH 28
229	229	(1) OF THIS SUBSECTION , THE DEPARTMENT SHALL CONS ULT WITH: 29
230	230
231	231	(I) THE MARYLAND DEPARTMENT OF HEALTH; 30 6 SENATE BILL 512
232	232
233	233
234	234
235	235	(II) THE CONSUMER PROTECTION DIVISION IN THE OFFICE OF 1
236	236	THE ATTORNEY GENERAL; AND 2
237	237
238	238	(III) RELEVANT STAKEHOLDER S, INCLUDING HEALTH CAR E 3
239	239	PROFESSIONALS , WATER QUALITY EXPERT S, AND HEALTH A DVOCACY 4
240	240	ORGANIZATIONS FOCUSE D ON DISEASE CAUSED BY LEGIONELLA PNEUMOPHIL A 5
241	241	BACTERIUM. 6
242	242
243	243	9–413. 7
244	244
245	245	(c) In an action brought in the appropriate court to enforce the order, a person 8
246	246	who willfully violates or fails or refuses to comply with any order issued by the Secretary 9
247	247	under this subtitle may be fined not more than $5,000 for each day on which the violation 10
248	248	occurs or failure to comply continues. 11
249	249
250	250	(d) (1) In addition to any other remedies available at law and after an 12
251	251	opportunity for a hearing, which may be waived in writing by the person accused of a 13
252	252	violation, the Department may impose a penalty for violation of any provision of this 14
253	253	subtitle or any order, regulation, or plan adopted or issued under this subtitle. 15
254	254
255	255	(2) The penalty imposed on a supplier of water serving a population of more 16
256	256	than 10,000 under this subsection shall be: 17
257	257
258	258	(i) Up to $1,000 per day for each violation, but not exceeding 18
259	259	$25,000 total for each violation; and 19
260	260
261	261	(ii) Assessed with consideration given to: 20
262	262
263	263	1. The willfulness of the violation, the extent to which the 21
264	264	existence of the violation was known to but uncorrected by the violator, and the extent to 22
265	265	which the violator exercised reasonable care; 23
266	266
267	267	2. Any actual harm to the environment or to human health, 24
268	268	including injury to or impairment of the use of the waters of this State or the natural 25
269	269	resources of the State; 26
270	270
271	271	3. The cost of cleanup and the cost of restoration of natural 27
272	272	resources; 28
273	273
274	274	4. The nature and degree of injury to or interference with 29
275	275	general welfare, health, and property; 30
276	276
277	277	5. The extent to which the location of the violation, including 31
278	278	location near waters of this State or areas of human population, creates the potential for 32
279	279	harm to the environment or to human health or safety; 33 SENATE BILL 512 7
280	280
281	281
282	282
283	283	6. The available technology and economic reasonableness of 1
284	284	controlling, reducing, or eliminating the violation; 2
285	285
286	286	7. The degree of hazard posed by the particular pollutant or 3
287	287	pollutants involved; 4
288	288
289	289	8. The extent to which the current violation is part of a 5
290	290	recurrent pattern of the same or similar type of violation committed by the violator; and 6
291	291
292	292	9. Whether or not penalties were assessed or will be assessed 7
293	293	under other provisions of this subtitle. 8
294	294
295	295	(3) The penalty imposed on a supplier of water serving a population of 9
296	296	3,301 to 10,000 under this subsection shall be: 10
297	297
298	298	(i) Up to $500 per day for each violation, but not exceeding $12,500 11
299	299	total for each violation; and 12
300	300
301	301	(ii) Assessed with consideration given to the factors set forth in 13
302	302	paragraph (2)(ii) of this subsection. 14
303	303
304	304	(4) The penalty imposed on a supplier of water serving a population of 501 15
305	305	to 3,300 under this subsection shall be: 16
306	306
307	307	(i) Up to $250 per day for each violation, but not exceeding $6,250 17
308	308	total for each violation; and 18
309	309
310	310	(ii) Assessed with consideration given to the factors set forth in 19
311	311	paragraph (2)(ii) of this subsection. 20
312	312
313	313	(5) The penalty imposed on a supplier of water serving a population of 500 21
314	314	or less under this subsection shall be: 22
315	315
316	316	(i) Up to $100 per day for each violation, but not exceeding $5,000 23
317	317	total for each violation; and 24
318	318
319	319	(ii) Assessed with consideration given to the factors set forth in 25
320	320	paragraph (2)(ii) of this subsection. 26
321	321
322	322	(6) Each day a violation occurs is a separate violation under this 27
323	323	subsection. 28
324	324
325	325	(7) Any penalty imposed under this subsection is payable to the State and 29
326	326	collectible in any manner provided at law for the collection of penalties. 30
327	327
328	328	(8) (I) [All] EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF 31 8 SENATE BILL 512
329	329
330	330
331	331	THIS PARAGRAPH , penalties collected under this subtitle shall be paid into the Maryland 1
332	332	Clean Water Fund created under § 9–320 of this title. 2
333	333
334	334	(II) ANY PENALTIES COLLECT ED FOR A VIOLATION UNDE R § 3
335	335	9–407.1 OF THIS SUBTITLE SHA LL BE DISTRIBUTED TO A SPECIAL FUND, TO BE USED 4
336	336	TO SUPPORT ONLY: 5
337	337
338	338	1. EDUCATION ON MINIMIZI NG LEGIONELLA 6
339	339	PNEUMOPHILA BACTERIU M AND RELATED DISEAS E FOR THE GENERAL PUBL IC, 7
340	340	WATER UTILITY OPERAT ORS, BUILDING AND FACILIT Y OWNERS, AND HEALTH CARE 8
341	341	PROFESSIONALS ; 9
342	342
343	343	2. ONGOING STATEWIDE RES EARCH RELATING TO 10
344	344	LEGIONELLA PNEUMOPHIL A BACTERIUM; AND 11
345	345
346	346	3. ENFORCEMEN T OF § 9–407.1 OF THIS SUBTITLE. 12
347	347
348	348	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
349	349	October 1, 2023. 14