EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0531*
SENATE BILL 531
M3 3lr2414
SB 820/20 – EHE
By: Senator Klausmeier
Introduced and read first time: February 3, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Public Water Systems – Supplier Requirements 2
(Water Safety and Cybersecurity Act of 2023) 3
FOR the purpose of requiring a supplier of water to inspect certain valves in a public water 4
system in a certain manner, repair or replace certain valves, inspect certain fire 5
hydrants, formulate and implement a certain plan, identify the locations of certain 6
valves, and record certain characteristics and identifiers of certain valves; 7
establishing certain cybersecurity requirements for suppliers of water; requiring a 8
supplier of water to submit a certain mitigation plan to the Department of the 9
Environment, under certain circumstances, and within a certain number of days 10
after receiving a certain notice of violation; establishing certain asset management 11
requirements for suppliers of water; requiring a supplier of water to annually certify 12
to the Department that the supplier complies with certain regulations and 13
requirements; requiring a supplier of water to inform certain customers of 14
compliance with certain provisions of law on or before a certain date each year; 15
requiring a supplier of water to comply with certain provisions of law in a certain 16
amount of time after acquiring a public water system; prohibiting a supplier of water 17
from receiving certain public funding under certain circumstances; and generally 18
relating to public water systems and suppliers of water. 19
BY repealing and reenacting, without amendments, 20
Article – Environment 21
Section 9–401 22
Annotated Code of Maryland 23
(2014 Replacement Volume and 2022 Supplement) 24
BY adding to 25
Article – Environment 26
Section 9–429 through 9–438 to be under the new part “Part III. Water Quality 27
Accountability Act” 28
Annotated Code of Maryland 29 2 SENATE BILL 531
(2014 Replacement Volume and 2022 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Environment 4
9–401. 5
(a) In this subtitle the following words have the meanings indicated. 6
(b) “Administrator” means the Administrator of the United States Environmental 7
Protection Agency. 8
(c) “Community water system” means a public water system that: 9
(1) Serves at least 15 service connections used by year–round residents of 10
the area served by the system; or 11
(2) Regularly serves at least 25 year–round residents. 12
(d) “Contaminant” means any chemical, biological, or radioactive substance that 13
is harmful to health if in the water. 14
(e) “Federal Act” means the federal Safe Drinking Water Act. 15
(f) “Federal agency” means any department, agency, or instrumentality of the 16
United States. 17
(g) “National primary drinking water regulations” means the primary drinking 18
water rules or regulations that the Administrator adopts under the federal Act. 19
(h) “Noncommunity water system” means a public water system that is not a 20
community water system. 21
(i) “Nontransient noncommunity water system” means a public water system 22
that is not a community system and that regularly serves at least 25 of the same individuals 23
over 6 months per year. 24
(j) “Person” includes: 25
(1) The Washington Suburban Sanitary Commission; 26
(2) Any State, county, municipal corporation, or federal agency; 27
(3) Any special taxing area or district that operates a public water system; 28
and 29 SENATE BILL 531 3
(4) Any officer, agent, or employee of any of these. 1
(k) “Primary drinking water regulation” means a rule or regulation that: 2
(1) Applies to public water systems; 3
(2) Specifies contaminants that, in the judgment of the Secretary, would 4
have an adverse effect on the health of human beings; 5
(3) Specifies for each contaminant either: 6
(i) A maximum contaminant level if, in the judgment of the 7
Secretary, it is economically and technologically feasible to determine the level of the 8
contaminant in water in public water systems; or 9
(ii) If, in the judgment of the Secretary, it is not economically or 10
technologically feasible to determine the level of the contaminant, each treatment 11
technique known to the Secretary that leads to a reduction in the level of the contaminant 12
sufficient to satisfy the requirements of this subtitle; and 13
(4) Contains standards and procedures: 14
(i) To ensure a supply of drinking water that dependably complies 15
with the maximum contaminant levels, including quality control and testing procedures for 16
compliance with those levels; 17
(ii) To ensure proper operation and maintenance of the system; and 18
(iii) To establish requirements as to: 19
1. The minimum quality of water that may be taken into the 20
system; and 21
2. Siting for new facilities for public water systems. 22
(l) (1) “Public water system” means a system that: 23
(i) Provides to the public water for human consumption through 24
pipes or other constructed conveyances; and 25
(ii) 1. Has at least 15 service connections; or 26
2. Regularly serves at least 25 individuals. 27
(2) “Public water system” includes: 28
4 SENATE BILL 531
(i) Any collection, treatment, storage, or distribution facility that is 1
under the control of the operator of the system and is used primarily in connection with the 2
system; and 3
(ii) Any collection or pretreatment storage facility that is not under 4
the control of the operator of the system and is used primarily in connection with the 5
system. 6
(m) “Supplier of water” means any person who owns or operates a public water 7
system. 8
(n) “Tamper” means to: 9
(1) Introduce a contaminant into a public water system with the intention 10
of harming a person; or 11
(2) Otherwise interfere with the operation of a public water system with 12
the intention of harming a person. 13
(o) “Transient noncommunity water system” means a noncommunity water 14
system that does not regularly serve at least 25 of the same individuals over 6 months per 15
year. 16
9–427. RESERVED. 17
9–428. RESERVED. 18
PART III. WATER QUALITY ACCOUNTABILITY ACT. 19
9–429. 20
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(B) “ASSET MANAGEMENT PLAN ” MEANS A PLAN DEVELOP ED BY A WATER 23
SUPPLIER AND SUBMITT ED TO THE DEPARTMENT IN ACCORDA NCE WITH § 9–434 OF 24
THIS SUBTITLE. 25
(C) (1) “CRITICAL VALVE ” MEANS A VALVE WITHIN A PUBLIC WATER 26
SYSTEM THAT A SUPPLI ER OF WATER DEEMS CR ITICAL. 27
(2) “CRITICAL VALVE” INCLUDES A VALVE THA T IS: 28
(I) 16 INCHES OR MORE IN DI AMETER; 29
SENATE BILL 531 5
(II) LOCATED AT: 1
1. A HOSPITAL; 2
2. A DIALYSIS CENTER ; 3
3. A NURSING HOME ; 4
4. A WATER TREATMENT PLAN T; OR 5
5. AN EMERGENCY INTERCON NECTION WITH A 6
SUPPLIER OF WATER ; AND 7
(III) A REGULATOR OR RELIEF CONTROL VALVE . 8
9–430. 9
THIS PART DOES NOT AP PLY TO: 10
(1) BALTIMORE CITY; 11
(2) THE WASHINGTON SUBURBAN SANITARY COMMISSION; AND 12
(3) A WATER SYSTEM WITH FE WER THAN 500 CONNECTIONS TO 13
CUSTOMERS . 14
9–431. 15
(A) A SUPPLIER OF WATER SH ALL: 16
(1) INSPECT EACH CRITICAL VALVE IN THE PUBLIC WATER SYSTEM 17
OWNED OR OPERATED BY THE SUPPLIER IN ACCO RDANCE WITH THE PROV ISIONS OF 18
SUBSECTION (B) OF THIS SECTION IN O RDER TO DETERMINE : 19
(I) ACCESSIBILITY OF THE VALVE FOR OPERATIONA L 20
PURPOSES; AND 21
(II) THE OPERATING CONDITIO N OF THE VALVE; 22
(2) REPAIR OR REPLACE ANY CRITICAL VALVE FOUND TO BE BROKEN 23
OR NOT OPERATIONAL ; 24
(3) INSPECT EACH CRITICAL VALVE AT A FREQUENCY DETERMINED 25 6 SENATE BILL 531
BY THE SUPPLIER OF W ATER AND AGREED TO B Y THE DEPARTMENT ; 1
(4) ANNUALLY IN SPECT THE FIRE HYDRA NTS IN THE PUBLIC WA TER 2
SYSTEM TO ENSURE OPE RABILITY UNLESS MORE FREQUENT INSPECTIONS ARE 3
REQUIRED BY LOCAL OR DINANCE; 4
(5) FORMULATE AND IMPLEME NT A PLAN FOR FLUSHI NG FIRE 5
HYDRANTS AND DEAD EN DS, AS NEEDED, IN ORDER TO MAINTAIN ADEQUATE WATER 6
QUALITY LEVELS ; 7
(6) TO THE EXTENT POSSIBL E, IDENTIFY THE GEOGRAP HIC 8
LOCATION OF EACH CRI TICAL VALVE AND FIRE HYDRANT IN THE PUBLI C WATER 9
SYSTEM; AND 10
(7) RECORD THE CHARACTERI STICS AND DISTINGUIS HING 11
IDENTIFIERS OF EACH HYDRANT IN THE PUBLI C WATER SYSTEM IN A DA TABASE 12
AVAILABLE ON THE SUP PLIER’S WEBSITE. 13
(B) IN CONDUCTING A CRITI CAL VALVE INSPECTION UNDER THIS SECTION , 14
A SUPPLIER OF WATER SHALL: 15
(1) CLEAR THE AREA AROUND THE VALVE TO ENSURE FULL ACCESS 16
TO THE VALVE FOR OPE RATING PURPOSES ; 17
(2) CLEAN OUT THE VALVE B OX; 18
(3) CONDUCT DYNAMIC TESTI NG OF THE VALVE BY O PENING AND 19
THEN CLOSING THE VAL VE FOR: 20
(I) THE NUMBER OF TURNS R ECOMMENDED BY THE VA LVE 21
MANUFACTURER TO CONS TITUTE A CREDIBLE TE ST; OR 22
(II) THE NUMBER OF TURNS T HAT CONSTITUTES 15% OF THE 23
TOTAL NUMBER OF TURN S NECESSARY TO COMPL ETELY OPEN OR COMPLE TELY 24
CLOSE THE VALVE ; AND 25
(4) COMPLY WITH ANY OTHER REQUIREMENTS ESTABLI SHED BY THE 26
DEPARTMENT . 27
9–432. 28
(A) ON OR BEFORE FEBRUARY 1, 2024, A SUPPLIER OF WATER SHALL 29
DEVELOP A CYBERSECUR ITY PROGRAM THAT : 30 SENATE BILL 531 7
(1) DEFINES AND IMPLEMENT S ORGANIZATION ACCOU NTABILITIES 1
AND RESPONSIBILITIES FOR CYBER RISK MANAG EMENT ACTIVITIES ; AND 2
(2) ESTABLISHES POLICIES , PLANS, PROCESSES, AND PROCEDURES 3
FOR IDENTIFYING AND MITIGATING CY BER RISKS TO THE PUB LIC WATER SYSTEM . 4
(B) IN ACCORDANCE WITH TH E PROGRAM DEVELOPED IN SUBSECTION (A) 5
OF THIS SECTION, A SUPPLIER OF WATER SHALL: 6
(1) CONDUCT RISK ASSESSME NTS AND IMPLEMENT AP PROPRIATE 7
CONTROLS TO MITIGATE IDENTIFIED RISKS TO THE PUBLIC WATER SYSTEM ; 8
(2) REMAIN AWARE OF POTEN TIAL CYBER THREATS T O AND 9
VULNERABILITIES OF T HE PUBLIC WATER SYST EM; AND 10
(3) CREATE AND EXERCISE I NCIDENT RESPONSE AND RECOVERY 11
PLANS. 12
(C) NOT LATER THAN 30 DAYS AFTER DEVELOPIN G A CYBERSECURITY 13
PROGRAM IN A CCORDANCE WITH THIS SECTION, A SUPPLIER OF WATER SHALL 14
SUBMIT A REPORT SUMM ARIZING THE PROGRAM TO THE DEPARTMENT . 15
9–433. 16
(A) A SUPPLIER OF WATER SH ALL SUBMIT TO THE DEPARTMENT A 17
MITIGATION PLAN IN A CCORDANCE WITH THIS SECTION NOT LATER TH AN 60 DAYS 18
AFTER RECEIVING, WITHIN A 1–YEAR PERIOD: 19
(1) THE THIRD OF THREE NO TICES REGARDING ANY VIOLATION OF 20
LAWS OR REGULATIONS OF THE DEPARTMENT ; OR 21
(2) THE SECOND OF TWO NOT ICES REGARDING A VIO LATION OF A 22
PRIMARY DRINKING WAT ER REGULATION ESTABL ISHING MAXIMUM C ONTAMINANT 23
LEVELS FOR PUBLIC WA TER SYSTEMS. 24
(B) THE MITIGATION PLAN S HALL INCLUDE : 25
(1) AN EXPLANATION OF WHE THER THE NOTICE OF V IOLATION WILL 26
BE ADDRESSED THROUGH : 27
(I) OPERATIONAL CHANGES ; OR 28
8 SENATE BILL 531
(II) A CAPITAL EXPENDITURE ; 1
(2) AN IMPLEMENTATIO N SCHEDULE FOR THE M ITIGATION PLAN ; 2
AND 3
(3) A REPORT PREPARED FOR THE SUPPLIER OF THE WATER SYSTEM 4
BY A LICENSED ENGINE ER THAT INCLUDES : 5
(I) A TECHNICAL ANALYSIS O F THE NOTICES OF VIO LATION; 6
AND 7
(II) AN EXPLANATION OF HOW THE MITIGATION PLAN 8
SUBMITTED IN ACCORDA NCE WITH THIS SECTIO N WILL PREVENT THE 9
REOCCURRENCE OF THE ORIGINAL VIOLATION . 10
9–434. 11
(A) (1) ON OR BEFORE APRIL 1, 2025, A SUPPLIER OF WATER SHALL 12
DEVELOP AND SUBMIT T O THE DEPARTMENT AN ASSET M ANAGEMENT PLAN IN 13
ACCORDANCE WITH THIS SUBSECTION. 14
(2) AN ASSET MANAGEMENT P LAN SHALL INCLUDE : 15
(I) A WATER MAIN RENEWAL P ROGRAM DESIGNED TO A CHIEVE 16
A 150–YEAR REPLACEMENT CYC LE; OR 17
(II) ANY OTHER APPROPRIATE REPLACEMENT CYCLE AS 18
DETERMINED BY A DETA ILED ENGINEERING ANA LYSIS OF THE CONDITION OF THE 19
WATER MAIN AND THE E STIMATED SERVICE LIF E OF THE WATER MAIN SERVING THE 20
PUBLIC WATER SYSTEM ; 21
(3) A WATER SUPPLY AND TRE ATMENT PROGRAM DESIG NED TO 22
INSPECT, MAINTAIN, REPAIR, RENEW, AND UPGRADE WELLS , INTAKES, PUMPS, AND 23
TREATMENT FACILITI ES IN ACCORDANCE WIT H ALL FEDERAL AND STATE 24
REGULATIONS , STANDARDS ESTABLISHE D BY THE AMERICAN WATER WORKS 25
ASSOCIATION, AND ANY MITIGATION P LAN SUBMITTED UNDER § 9–433 OF THIS 26
SUBTITLE; 27
(4) CAPITAL EXPENDITURES REQUIRED UNDER A MIT IGATION PLAN 28
SUBMITTED UNDER § 9–433 OF THIS SUBTITLE; AND 29
(5) ANY OTHER PROGRAMS , PLANS, OR PROVISIONS REQUIR ED BY 30
THE DEPARTMENT IN REGULAT ION. 31 SENATE BILL 531 9
(B) A SUPPLIER OF WATER SH ALL DEDICATE FUNDS A NNUALLY TO 1
ADDRESS THE HIGHEST PRIORITY PROJECTS ID ENTIFIED IN THE ASSE T 2
MANAGEME NT PLAN. 3
(C) THE SUPPLIER OF WATER OR AN ENGINEER SHALL CERTIFY AN ASSET 4
MANAGEMENT PLAN DEVE LOPED UNDER THIS SEC TION. 5
(D) (1) ON OR BEFORE DECEMBER 31, 2025, AND EACH DECEMBER 31 6
THEREAFTER , A SUPPLIER OF WATER SHALL SUBMIT TO THE DEPARTMENT AND THE 7
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT A REPORT ON THE 8
IMPLEMENTATION OF TH E SUPPLIER’S ASSET MANAGEMENT P LAN. 9
(2) THE REPORT SHALL IDEN TIFY: 10
(I) THE INFRASTRUCTURE IM PROVEMENTS UNDERTAKE N IN 11
ACCORDANCE WITH THE PLAN DURING THE IMME DIATELY PRECEDING CALENDAR 12
YEAR AND THE COSTS A SSOCIATED WITH THE I MPROVEMENTS ; AND 13
(II) THE INFRASTRUCTURE IM PROVEMENTS PLANNED F OR THE 14
IMMEDIATELY FOLLOWIN G CALENDAR YEAR AND THE PROJECTED COSTS OF THE 15
IMPROVEMENTS . 16
(E) (1) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT 17
OF HOUSING AND COMMUNITY DEVELOPMENT , SHALL ESTABLISH AN E LECTRONIC 18
PORTAL ON THE DEPARTMENT ’S WEBSITE FOR THE SU BMISSION OF REPORTS 19
REQUIRED UNDER SUBSE CTION (D) OF THIS SECTION. 20
(2) A SUPPLIER OF WATER SH ALL SUBMIT THE REPOR T REQUIRED 21
UNDER SUBSECTION (D) OF THIS SECTION REGA RDLESS OF WHETHER TH E 22
DEPARTMENT HAS ESTABL ISHED AN ELECTRONIC PORTAL. 23
(F) THE DEPARTMENT SHALL MAKE A REPORT SUBMITTED U NDER 24
SUBSECTION (D) OF THIS SECTION AVAI LABLE FOR PUBLIC INS PECTION ON 25
REQUEST. 26
9–435. 27
(A) (1) A SUPPLIER OF WATER SH ALL ANNUALLY CERTIFY IN WRITING TO 28
THE DEPARTMENT THAT THE S UPPLIER OF WATER COM PLIES WITH: 29
(I) ALL FEDERAL AND STATE PRIMARY DRINKIN G WATER 30
REGULATIONS , INCLUDING WATER QUAL ITY SAMPLING, TESTING, AND REPORTING 31 10 SENATE BILL 531
REQUIREME NTS; 1
(II) THE VALVE INSPECTION REQUIREMENTS SET FOR TH IN § 2
9–431 OF THIS SUBTITLE; 3
(III) IF APPLICABLE , THE TERMS OF A MITIG ATION PLAN 4
SUBMITTED TO THE DEPARTMENT UNDER § 9–433 OF THIS SUBTITLE; AND 5
(IV) THE ASSET MANAGEMENT PLAN REQUIREMENTS SET 6
FORTH IN § 9–434 OF THIS SUBTITLE. 7
(2) A SUPPLIER OF WATER MA Y INCLUDE THE CERTIF ICATION 8
REQUIRED UNDER THIS SUBSECTION WITH REQU IRED CONSUMER CONFIDENCE 9
REPORTS. 10
(B) A SUPPLIER OF WATER SH ALL: 11
(1) MAKE THE CERTIFICATIO N UNDER SUBSECTION (A) OF THIS 12
SECTION AVAILABLE FO R PUBLIC INSPECTION ON REQUEST; AND 13
(2) ON OR BEFORE DECEMBER 31 EACH YEAR, INFORM CUSTOMERS 14
SERVED BY THE PUBLIC WATER SYSTEM OF COMP LIANCE WITH THIS PAR T. 15
9–436. 16
A SUPPLIER OF WATER THAT ACQUIRES A NEW PUBLIC WATER SYSTEM SHALL 17
COMPLY WITH THE REQU IREMENTS OF THIS PAR T NOT LATER THAN 3 YEARS AFTER 18
THE DATE OF ACQUISIT ION. 19
9–437. 20
A SUPPLIER OF WATER MA Y NOT RECEIVE PUBLIC FUNDING FROM ANY 21
SOURCE UNLESS THE SU PPLIER CAN DEMONSTRA TE THAT THE SUPPLIER HAS 22
DEVELOPED OR IS IN THE PROCESS OF DEVEL OPING AN ASSET MANAG EMENT PLAN 23
AND A CYBERSECURITY PROGRAM IN ACCORDANC E WITH THIS PART. 24
9–438. 25
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THE 26
PROVISIONS OF THIS P ART. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 28
October 1, 2023. 29