EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0512*
SENATE BILL 512
M3 3lr2857
By: Senator Lam
Introduced and read first time: February 3, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Drinking Water – Legionella Pneumophila Bacterium – Minimizing Growth and 2
Transmission 3
FOR the purpose of requiring a certain supplier of water to maintain a certain residual 4
disinfectant level of chlorine in the water distribution system and conduct certain 5
sampling and analysis; requiring a certain supplier of water to provide certain notice 6
of certain water distribution system disruptions; requiring the Department of the 7
Environment, in consultation with certain entities, to develop a best practices guide 8
for individuals to reduce the risk of contracting disease caused by Legionella 9
pneumophila bacterium; specifying that certain penalties collected for a violation of 10
this Act shall be distributed to a special fund to be used for certain purposes; and 11
generally relating to drinking water and Legionella pneumophila bacterium. 12
BY repealing and reenacting, without amendments, 13
Article – Environment 14
Section 9–401(a), (l), and (m) and 9–413(c) 15
Annotated Code of Maryland 16
(2014 Replacement Volume and 2022 Supplement) 17
BY adding to 18
Article – Environment 19
Section 9–407.1 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2022 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Environment 24
Section 9–413(d) 25
Annotated Code of Maryland 26
(2014 Replacement Volume and 2022 Supplement) 27
2 SENATE BILL 512
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Environment 3
9–401. 4
(a) In this subtitle the following words have the meanings indicated. 5
(l) (1) “Public water system” means a system that: 6
(i) Provides to the public water for human consumption through 7
pipes or other constructed conveyances; and 8
(ii) 1. Has at least 15 service connections; or 9
2. Regularly serves at least 25 individuals. 10
(2) “Public water system” includes: 11
(i) Any collection, treatment, storage, or distribution facility that is 12
under the control of the operator of the system and is used primarily in connection with the 13
system; and 14
(ii) Any collection or pretreatment storage facility that is not under 15
the control of the operator of the system and is used primarily in connection with the 16
system. 17
(m) “Supplier of water” means any person who owns or operates a public water 18
system. 19
9–407.1. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) (I) “PLANNED D ISRUPTION” MEANS A KNOWN, PLANNED, OR 23
ANTICIPATED DISRUPTI ON TO THE WATER DISTRIB UTION SYSTEM. 24
(II) “PLANNED DISRUPTION ” INCLUDES KNOWN, PLANNED, OR 25
ANTICIPATED: 26
1. CONSTRUCTION ACTIVITIES; 27
2. WATER AND SEWER SYSTE M MAINTENANCE ; 28
SENATE BILL 512 3
3. SOURCE WATER DISTURBA NCES OR MAINTENANCE ; 1
4. CHANGES TO CHEMICAL T REATMENTS OR 2
DISINFECTANTS ; 3
5. LEAD PIPE AND WATER I NFRASTRUCTURE 4
REPLACEMENT ; AND 5
6. CHANGES TO WATER SOUR CING, PRESSURES, AND 6
FLOWS. 7
(3) (I) “UNPLANNED DISRUPTION” MEANS AN UNPLANNED 8
DISRUPTION TO THE WA TER DISTRIBUTION SYS TEM. 9
(II) “UNPLANNED DISRUPTION ” INCLUDES: 10
1. FLOODING; 11
2. WATER MAIN BREAKS ; 12
3. SYSTEM FAILURES AND D ISRUPTIONS; 13
4. EQUIPMENT FAILURES ; 14
5. CHEMICAL AND DISINFEC TANT TREATMENT 15
INTERRUPTIONS ; 16
6. SEVERE STORMS ; 17
7. EARTHQUAKES ; 18
8. MAJOR FIRES; AND 19
9. UNPLANNED CHANGES TO FLOWS OR PRESSURES . 20
(B) (1) NOTWITHSTANDING § 9–407(B) OF THIS SUBTITLE , A SUPPLIER 21
OF WATER SHALL: 22
(I) MAINTAIN A DETECTABLE RESIDUAL DISINFECTANT LEVEL 23
OF AT LEAST 0.5 MILLIGRAMS PER LITER OF CHLORINE , NOT TO EXCEED THE 24
MAXIMUM RESIDUAL DIS INFECTANT LEVEL SET BY THE U.S. ENVIRONMENTAL 25
PROTECTION AGENCY, IN THE WATER DISTRIBUTI ON SYSTEM; AND 26
4 SENATE BILL 512
(II) AT FREQUENT AND REGUL AR INTERVALS , CONDUCT 1
SAMPLING AND ANALYSI S OF RESIDUAL DISINFECTANT CONCENTRATIONS TO 2
DETERMINE THE RESIDUAL DISINFECTANT LEVEL OF CHLORINE AT ALL POINTS IN 3
THE DISTRIBUTION SYSTEM . 4
(2) THE DEPARTMENT MAY ADOPT REGULATIONS TO REQUI RE: 5
(I) ADDITIONAL DISINFECTA NT OR SAMPLING REQUIREMENTS 6
FOR PUBLIC WATER SYSTEMS IN ORDER TO MINIMIZE THE GROWTH AND 7
TRANSMISSION OF LEGIONELLA PNEUMOPHIL A BACTERIUM; AND 8
(II) THE MONITORING OF PUB LIC WATER SYSTEMS DU RING 9
PLANNED DISRUPTIONS AND UNPLANNED DISRUPTIONS. 10
(C) AS SOON AS PRACTICABL E BUT NOT LATER THAN 4 HOURS AFTER A 11
SUPPLIER OF WATER BE CAME AWARE OF A WATER DISTRIBUTION SYSTEM 12
DISRUPTION THAT MAY RESULT IN INCREASED LEVELS OF LEGIONELLA 13
PNEUMOPHILA BACTERIU M IN THE DISTRIBUTION SYSTEM, A SUPPLIER OF WATER 14
SHALL CONDUCT WATER SAMPLING AND ANALYSIS FOR: 15
(1) LEGIONELLA PNEUMOPHIL A BACTERIUM; AND 16
(2) RESIDUAL DISINFECTANT LEVELS OF CHLORINE. 17
(D) (1) AT LEAST 30 DAYS BEFORE A PLANNE D DISRUPTION, A SUPPLIER 18
OF WATER SHALL PROVIDE NOTICE OF TH E PLANNED DISRUPTION TO ALL 19
RESIDENTIAL, COMMERCIAL , AND INSTITUTIONAL CU STOMERS AND RESIDENT S 20
SERVED BY THE PUBLIC WATER SYSTEM AND LOCATED IN THE SERVI CE AREA. 21
(2) AS SOON AS PRACTICABL E BUT NOT LATER THAN 4 HOURS AFTER 22
THE TIME A SUPPLIER OF WATER BECAME AWARE OF AN UNPLANNED DISRUPTION 23
THAT MAY RESULT IN I NCREASED LEVELS OF LEGIONELLA PNEUMOPHIL A 24
BACTERIUM IN THE WATER DISTRIBUTION S YSTEM, THE SUPPLIER OF WATER SHALL 25
PROVIDE NOTICE OF TH E UNPLANNED DISRUPTI ON TO ALL RESIDENTIAL , 26
COMMERCIAL , AND INSTITUTIONAL CU STOMERS AND RESIDENT S SERVED BY THE 27
PUBLIC WATER SYSTEM AND LOCATED IN THE SERVIC E AREA. 28
(3) THE NOTICE REQUIRED UNDER PARAG RAPHS (1) AND (2) OF THIS 29
SUBSECTION SHALL INCLUDE : 30
(I) SPECIFIC DETAILS THAT DESCRIBE THE UNPLANNED 31
DISRUPTION OR THE PLANNED DISRUPTION ; 32
SENATE BILL 512 5
(II) DATE, TIME, AND LOCATION OF THE DISRUPTION; 1
(III) IDENTIFICATION OF HOMES, NEIGHBORHOODS , AND AREAS 2
OF THE COMMUNITY AT ELEVATED RISK DUE TO THE DISRUPTION , INCLUDING BY 3
EVALUATING WATER DISTRIBUTION F LOWS FROM THE POINT OF DISRUPTION TO 4
ALERT USERS LIKELY T O BE IMPACTED; 5
(IV) A DESCRIPTION OF ANY A CTIONS UNDERTAKEN TO 6
CORRECT THE EFFECTS OF THE DISRU PTION; 7
(V) EXPECTED TIME TO RESOLVE THE INITIAL DISRUPTI ON; 8
(VI) INFORMATION ON LEGIONELLA PNEUMOPHIL A BACTERIUM 9
RISKS AND OTHER PATH OGEN RISKS, INCLUDING INFORMATIO N ON RISKS TO 10
INDIVIDUALS WHO ARE ELDERLY OR IMMUNOCOMPROMISED ; 11
(VII) THE ESTIMATED LENGTH OF TIME THAT THE LEV EL OF 12
LEGIONELLA PNEUMOPHIL A BACTERIUM MAY REMAIN ELEVATED ; AND 13
(VIII) MEASURES CONSUMERS CA N TAKE TO REDUCE OR 14
ELIMINATE EXPOSURE T O LEGIONELLA PNEUMOPHILA BACTERIU M, INCLUDING: 15
1. FLUSHING WATER LINES DURING AND AFTER 16
COMPLETION OF CONSTR UCTION WORK ; 17
2. REMOVING AND CLEANING FAUCET AERATOR 18
SCREENS AND SHOWERHE ADS; 19
3. INSTALLING A WATER FI LTER OR WATER TREATM ENT 20
DEVICE TO REMOVE LEGIONELLA PNEUMOPHILA BACTERIUM; AND 21
4. DRAINING AND FLUSHING HOT WATER HEATERS , 22
INCLUDING RAISING HO T WATER TEMPERATURE TO A MINIMUM OF 130 DEGREES 23
FAHRENHEIT. 24
(E) (1) THE DEPARTMENT SHALL DEVELOP AND PUBLISH A BEST 25
PRACTICES GUIDE FOR INDIVIDUALS TO REDUC E THE RISK OF CONTRACT ING 26
DISEASE CAUSED BY LEGIONELLA PNEUMOPHIL A BACTERIUM. 27
(2) IN DEVELOPING THE BES T PRACTICES GUIDE UN DER PARAGRAPH 28
(1) OF THIS SUBSECTION , THE DEPARTMENT SHALL CONS ULT WITH: 29
(I) THE MARYLAND DEPARTMENT OF HEALTH; 30 6 SENATE BILL 512
(II) THE CONSUMER PROTECTION DIVISION IN THE OFFICE OF 1
THE ATTORNEY GENERAL; AND 2
(III) RELEVANT STAKEHOLDER S, INCLUDING HEALTH CAR E 3
PROFESSIONALS , WATER QUALITY EXPERT S, AND HEALTH A DVOCACY 4
ORGANIZATIONS FOCUSE D ON DISEASE CAUSED BY LEGIONELLA PNEUMOPHIL A 5
BACTERIUM. 6
9–413. 7
(c) In an action brought in the appropriate court to enforce the order, a person 8
who willfully violates or fails or refuses to comply with any order issued by the Secretary 9
under this subtitle may be fined not more than $5,000 for each day on which the violation 10
occurs or failure to comply continues. 11
(d) (1) In addition to any other remedies available at law and after an 12
opportunity for a hearing, which may be waived in writing by the person accused of a 13
violation, the Department may impose a penalty for violation of any provision of this 14
subtitle or any order, regulation, or plan adopted or issued under this subtitle. 15
(2) The penalty imposed on a supplier of water serving a population of more 16
than 10,000 under this subsection shall be: 17
(i) Up to $1,000 per day for each violation, but not exceeding 18
$25,000 total for each violation; and 19
(ii) Assessed with consideration given to: 20
1. The willfulness of the violation, the extent to which the 21
existence of the violation was known to but uncorrected by the violator, and the extent to 22
which the violator exercised reasonable care; 23
2. Any actual harm to the environment or to human health, 24
including injury to or impairment of the use of the waters of this State or the natural 25
resources of the State; 26
3. The cost of cleanup and the cost of restoration of natural 27
resources; 28
4. The nature and degree of injury to or interference with 29
general welfare, health, and property; 30
5. The extent to which the location of the violation, including 31
location near waters of this State or areas of human population, creates the potential for 32
harm to the environment or to human health or safety; 33 SENATE BILL 512 7
6. The available technology and economic reasonableness of 1
controlling, reducing, or eliminating the violation; 2
7. The degree of hazard posed by the particular pollutant or 3
pollutants involved; 4
8. The extent to which the current violation is part of a 5
recurrent pattern of the same or similar type of violation committed by the violator; and 6
9. Whether or not penalties were assessed or will be assessed 7
under other provisions of this subtitle. 8
(3) The penalty imposed on a supplier of water serving a population of 9
3,301 to 10,000 under this subsection shall be: 10
(i) Up to $500 per day for each violation, but not exceeding $12,500 11
total for each violation; and 12
(ii) Assessed with consideration given to the factors set forth in 13
paragraph (2)(ii) of this subsection. 14
(4) The penalty imposed on a supplier of water serving a population of 501 15
to 3,300 under this subsection shall be: 16
(i) Up to $250 per day for each violation, but not exceeding $6,250 17
total for each violation; and 18
(ii) Assessed with consideration given to the factors set forth in 19
paragraph (2)(ii) of this subsection. 20
(5) The penalty imposed on a supplier of water serving a population of 500 21
or less under this subsection shall be: 22
(i) Up to $100 per day for each violation, but not exceeding $5,000 23
total for each violation; and 24
(ii) Assessed with consideration given to the factors set forth in 25
paragraph (2)(ii) of this subsection. 26
(6) Each day a violation occurs is a separate violation under this 27
subsection. 28
(7) Any penalty imposed under this subsection is payable to the State and 29
collectible in any manner provided at law for the collection of penalties. 30
(8) (I) [All] EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF 31 8 SENATE BILL 512
THIS PARAGRAPH , penalties collected under this subtitle shall be paid into the Maryland 1
Clean Water Fund created under § 9–320 of this title. 2
(II) ANY PENALTIES COLLECT ED FOR A VIOLATION UNDE R § 3
9–407.1 OF THIS SUBTITLE SHA LL BE DISTRIBUTED TO A SPECIAL FUND, TO BE USED 4
TO SUPPORT ONLY: 5
1. EDUCATION ON MINIMIZI NG LEGIONELLA 6
PNEUMOPHILA BACTERIU M AND RELATED DISEAS E FOR THE GENERAL PUBL IC, 7
WATER UTILITY OPERAT ORS, BUILDING AND FACILIT Y OWNERS, AND HEALTH CARE 8
PROFESSIONALS ; 9
2. ONGOING STATEWIDE RES EARCH RELATING TO 10
LEGIONELLA PNEUMOPHIL A BACTERIUM; AND 11
3. ENFORCEMEN T OF § 9–407.1 OF THIS SUBTITLE. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2023. 14