Maryland 2023 Regular Session

Maryland Senate Bill SB531 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0531*
66
77 SENATE BILL 531
88 M3 3lr2414
99 SB 820/20 – EHE
1010 By: Senator Klausmeier
1111 Introduced and read first time: February 3, 2023
1212 Assigned to: Education, Energy, and the Environment
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Public Water Systems – Supplier Requirements 2
1919 (Water Safety and Cybersecurity Act of 2023) 3
2020
2121 FOR the purpose of requiring a supplier of water to inspect certain valves in a public water 4
2222 system in a certain manner, repair or replace certain valves, inspect certain fire 5
2323 hydrants, formulate and implement a certain plan, identify the locations of certain 6
2424 valves, and record certain characteristics and identifiers of certain valves; 7
2525 establishing certain cybersecurity requirements for suppliers of water; requiring a 8
2626 supplier of water to submit a certain mitigation plan to the Department of the 9
2727 Environment, under certain circumstances, and within a certain number of days 10
2828 after receiving a certain notice of violation; establishing certain asset management 11
2929 requirements for suppliers of water; requiring a supplier of water to annually certify 12
3030 to the Department that the supplier complies with certain regulations and 13
3131 requirements; requiring a supplier of water to inform certain customers of 14
3232 compliance with certain provisions of law on or before a certain date each year; 15
3333 requiring a supplier of water to comply with certain provisions of law in a certain 16
3434 amount of time after acquiring a public water system; prohibiting a supplier of water 17
3535 from receiving certain public funding under certain circumstances; and generally 18
3636 relating to public water systems and suppliers of water. 19
3737
3838 BY repealing and reenacting, without amendments, 20
3939 Article – Environment 21
4040 Section 9–401 22
4141 Annotated Code of Maryland 23
4242 (2014 Replacement Volume and 2022 Supplement) 24
4343
4444 BY adding to 25
4545 Article – Environment 26
4646 Section 9–429 through 9–438 to be under the new part “Part III. Water Quality 27
4747 Accountability Act” 28
4848 Annotated Code of Maryland 29 2 SENATE BILL 531
4949
5050
5151 (2014 Replacement Volume and 2022 Supplement) 1
5252
5353 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
5454 That the Laws of Maryland read as follows: 3
5555
5656 Article – Environment 4
5757
5858 9–401. 5
5959
6060 (a) In this subtitle the following words have the meanings indicated. 6
6161
6262 (b) “Administrator” means the Administrator of the United States Environmental 7
6363 Protection Agency. 8
6464
6565 (c) “Community water system” means a public water system that: 9
6666
6767 (1) Serves at least 15 service connections used by year–round residents of 10
6868 the area served by the system; or 11
6969
7070 (2) Regularly serves at least 25 year–round residents. 12
7171
7272 (d) “Contaminant” means any chemical, biological, or radioactive substance that 13
7373 is harmful to health if in the water. 14
7474
7575 (e) “Federal Act” means the federal Safe Drinking Water Act. 15
7676
7777 (f) “Federal agency” means any department, agency, or instrumentality of the 16
7878 United States. 17
7979
8080 (g) “National primary drinking water regulations” means the primary drinking 18
8181 water rules or regulations that the Administrator adopts under the federal Act. 19
8282
8383 (h) “Noncommunity water system” means a public water system that is not a 20
8484 community water system. 21
8585
8686 (i) “Nontransient noncommunity water system” means a public water system 22
8787 that is not a community system and that regularly serves at least 25 of the same individuals 23
8888 over 6 months per year. 24
8989
9090 (j) “Person” includes: 25
9191
9292 (1) The Washington Suburban Sanitary Commission; 26
9393
9494 (2) Any State, county, municipal corporation, or federal agency; 27
9595
9696 (3) Any special taxing area or district that operates a public water system; 28
9797 and 29 SENATE BILL 531 3
9898
9999
100100
101101 (4) Any officer, agent, or employee of any of these. 1
102102
103103 (k) “Primary drinking water regulation” means a rule or regulation that: 2
104104
105105 (1) Applies to public water systems; 3
106106
107107 (2) Specifies contaminants that, in the judgment of the Secretary, would 4
108108 have an adverse effect on the health of human beings; 5
109109
110110 (3) Specifies for each contaminant either: 6
111111
112112 (i) A maximum contaminant level if, in the judgment of the 7
113113 Secretary, it is economically and technologically feasible to determine the level of the 8
114114 contaminant in water in public water systems; or 9
115115
116116 (ii) If, in the judgment of the Secretary, it is not economically or 10
117117 technologically feasible to determine the level of the contaminant, each treatment 11
118118 technique known to the Secretary that leads to a reduction in the level of the contaminant 12
119119 sufficient to satisfy the requirements of this subtitle; and 13
120120
121121 (4) Contains standards and procedures: 14
122122
123123 (i) To ensure a supply of drinking water that dependably complies 15
124124 with the maximum contaminant levels, including quality control and testing procedures for 16
125125 compliance with those levels; 17
126126
127127 (ii) To ensure proper operation and maintenance of the system; and 18
128128
129129 (iii) To establish requirements as to: 19
130130
131131 1. The minimum quality of water that may be taken into the 20
132132 system; and 21
133133
134134 2. Siting for new facilities for public water systems. 22
135135
136136 (l) (1) “Public water system” means a system that: 23
137137
138138 (i) Provides to the public water for human consumption through 24
139139 pipes or other constructed conveyances; and 25
140140
141141 (ii) 1. Has at least 15 service connections; or 26
142142
143143 2. Regularly serves at least 25 individuals. 27
144144
145145 (2) “Public water system” includes: 28
146146 4 SENATE BILL 531
147147
148148
149149 (i) Any collection, treatment, storage, or distribution facility that is 1
150150 under the control of the operator of the system and is used primarily in connection with the 2
151151 system; and 3
152152
153153 (ii) Any collection or pretreatment storage facility that is not under 4
154154 the control of the operator of the system and is used primarily in connection with the 5
155155 system. 6
156156
157157 (m) “Supplier of water” means any person who owns or operates a public water 7
158158 system. 8
159159
160160 (n) “Tamper” means to: 9
161161
162162 (1) Introduce a contaminant into a public water system with the intention 10
163163 of harming a person; or 11
164164
165165 (2) Otherwise interfere with the operation of a public water system with 12
166166 the intention of harming a person. 13
167167
168168 (o) “Transient noncommunity water system” means a noncommunity water 14
169169 system that does not regularly serve at least 25 of the same individuals over 6 months per 15
170170 year. 16
171171
172172 9–427. RESERVED. 17
173173
174174 9–428. RESERVED. 18
175175
176176 PART III. WATER QUALITY ACCOUNTABILITY ACT. 19
177177
178178 9–429. 20
179179
180180 (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 21
181181 INDICATED. 22
182182
183183 (B) “ASSET MANAGEMENT PLAN ” MEANS A PLAN DEVELOP ED BY A WATER 23
184184 SUPPLIER AND SUBMITT ED TO THE DEPARTMENT IN ACCORDA NCE WITH § 9–434 OF 24
185185 THIS SUBTITLE. 25
186186
187187 (C) (1) “CRITICAL VALVE ” MEANS A VALVE WITHIN A PUBLIC WATER 26
188188 SYSTEM THAT A SUPPLI ER OF WATER DEEMS CR ITICAL. 27
189189
190190 (2) “CRITICAL VALVE” INCLUDES A VALVE THA T IS: 28
191191
192192 (I) 16 INCHES OR MORE IN DI AMETER; 29
193193 SENATE BILL 531 5
194194
195195
196196 (II) LOCATED AT: 1
197197
198198 1. A HOSPITAL; 2
199199
200200 2. A DIALYSIS CENTER ; 3
201201
202202 3. A NURSING HOME ; 4
203203
204204 4. A WATER TREATMENT PLAN T; OR 5
205205
206206 5. AN EMERGENCY INTERCON NECTION WITH A 6
207207 SUPPLIER OF WATER ; AND 7
208208
209209 (III) A REGULATOR OR RELIEF CONTROL VALVE . 8
210210
211211 9–430. 9
212212
213213 THIS PART DOES NOT AP PLY TO: 10
214214
215215 (1) BALTIMORE CITY; 11
216216
217217 (2) THE WASHINGTON SUBURBAN SANITARY COMMISSION; AND 12
218218
219219 (3) A WATER SYSTEM WITH FE WER THAN 500 CONNECTIONS TO 13
220220 CUSTOMERS . 14
221221
222222 9–431. 15
223223
224224 (A) A SUPPLIER OF WATER SH ALL: 16
225225
226226 (1) INSPECT EACH CRITICAL VALVE IN THE PUBLIC WATER SYSTEM 17
227227 OWNED OR OPERATED BY THE SUPPLIER IN ACCO RDANCE WITH THE PROV ISIONS OF 18
228228 SUBSECTION (B) OF THIS SECTION IN O RDER TO DETERMINE : 19
229229
230230 (I) ACCESSIBILITY OF THE VALVE FOR OPERATIONA L 20
231231 PURPOSES; AND 21
232232
233233 (II) THE OPERATING CONDITIO N OF THE VALVE; 22
234234
235235 (2) REPAIR OR REPLACE ANY CRITICAL VALVE FOUND TO BE BROKEN 23
236236 OR NOT OPERATIONAL ; 24
237237
238238 (3) INSPECT EACH CRITICAL VALVE AT A FREQUENCY DETERMINED 25 6 SENATE BILL 531
239239
240240
241241 BY THE SUPPLIER OF W ATER AND AGREED TO B Y THE DEPARTMENT ; 1
242242
243243 (4) ANNUALLY IN SPECT THE FIRE HYDRA NTS IN THE PUBLIC WA TER 2
244244 SYSTEM TO ENSURE OPE RABILITY UNLESS MORE FREQUENT INSPECTIONS ARE 3
245245 REQUIRED BY LOCAL OR DINANCE; 4
246246
247247 (5) FORMULATE AND IMPLEME NT A PLAN FOR FLUSHI NG FIRE 5
248248 HYDRANTS AND DEAD EN DS, AS NEEDED, IN ORDER TO MAINTAIN ADEQUATE WATER 6
249249 QUALITY LEVELS ; 7
250250
251251 (6) TO THE EXTENT POSSIBL E, IDENTIFY THE GEOGRAP HIC 8
252252 LOCATION OF EACH CRI TICAL VALVE AND FIRE HYDRANT IN THE PUBLI C WATER 9
253253 SYSTEM; AND 10
254254
255255 (7) RECORD THE CHARACTERI STICS AND DISTINGUIS HING 11
256256 IDENTIFIERS OF EACH HYDRANT IN THE PUBLI C WATER SYSTEM IN A DA TABASE 12
257257 AVAILABLE ON THE SUP PLIER’S WEBSITE. 13
258258
259259 (B) IN CONDUCTING A CRITI CAL VALVE INSPECTION UNDER THIS SECTION , 14
260260 A SUPPLIER OF WATER SHALL: 15
261261
262262 (1) CLEAR THE AREA AROUND THE VALVE TO ENSURE FULL ACCESS 16
263263 TO THE VALVE FOR OPE RATING PURPOSES ; 17
264264
265265 (2) CLEAN OUT THE VALVE B OX; 18
266266
267267 (3) CONDUCT DYNAMIC TESTI NG OF THE VALVE BY O PENING AND 19
268268 THEN CLOSING THE VAL VE FOR: 20
269269
270270 (I) THE NUMBER OF TURNS R ECOMMENDED BY THE VA LVE 21
271271 MANUFACTURER TO CONS TITUTE A CREDIBLE TE ST; OR 22
272272
273273 (II) THE NUMBER OF TURNS T HAT CONSTITUTES 15% OF THE 23
274274 TOTAL NUMBER OF TURN S NECESSARY TO COMPL ETELY OPEN OR COMPLE TELY 24
275275 CLOSE THE VALVE ; AND 25
276276
277277 (4) COMPLY WITH ANY OTHER REQUIREMENTS ESTABLI SHED BY THE 26
278278 DEPARTMENT . 27
279279
280280 9–432. 28
281281
282282 (A) ON OR BEFORE FEBRUARY 1, 2024, A SUPPLIER OF WATER SHALL 29
283283 DEVELOP A CYBERSECUR ITY PROGRAM THAT : 30 SENATE BILL 531 7
284284
285285
286286
287287 (1) DEFINES AND IMPLEMENT S ORGANIZATION ACCOU NTABILITIES 1
288288 AND RESPONSIBILITIES FOR CYBER RISK MANAG EMENT ACTIVITIES ; AND 2
289289
290290 (2) ESTABLISHES POLICIES , PLANS, PROCESSES, AND PROCEDURES 3
291291 FOR IDENTIFYING AND MITIGATING CY BER RISKS TO THE PUB LIC WATER SYSTEM . 4
292292
293293 (B) IN ACCORDANCE WITH TH E PROGRAM DEVELOPED IN SUBSECTION (A) 5
294294 OF THIS SECTION, A SUPPLIER OF WATER SHALL: 6
295295
296296 (1) CONDUCT RISK ASSESSME NTS AND IMPLEMENT AP PROPRIATE 7
297297 CONTROLS TO MITIGATE IDENTIFIED RISKS TO THE PUBLIC WATER SYSTEM ; 8
298298
299299 (2) REMAIN AWARE OF POTEN TIAL CYBER THREATS T O AND 9
300300 VULNERABILITIES OF T HE PUBLIC WATER SYST EM; AND 10
301301
302302 (3) CREATE AND EXERCISE I NCIDENT RESPONSE AND RECOVERY 11
303303 PLANS. 12
304304
305305 (C) NOT LATER THAN 30 DAYS AFTER DEVELOPIN G A CYBERSECURITY 13
306306 PROGRAM IN A CCORDANCE WITH THIS SECTION, A SUPPLIER OF WATER SHALL 14
307307 SUBMIT A REPORT SUMM ARIZING THE PROGRAM TO THE DEPARTMENT . 15
308308
309309 9–433. 16
310310
311311 (A) A SUPPLIER OF WATER SH ALL SUBMIT TO THE DEPARTMENT A 17
312312 MITIGATION PLAN IN A CCORDANCE WITH THIS SECTION NOT LATER TH AN 60 DAYS 18
313313 AFTER RECEIVING, WITHIN A 1–YEAR PERIOD: 19
314314
315315 (1) THE THIRD OF THREE NO TICES REGARDING ANY VIOLATION OF 20
316316 LAWS OR REGULATIONS OF THE DEPARTMENT ; OR 21
317317
318318 (2) THE SECOND OF TWO NOT ICES REGARDING A VIO LATION OF A 22
319319 PRIMARY DRINKING WAT ER REGULATION ESTABL ISHING MAXIMUM C ONTAMINANT 23
320320 LEVELS FOR PUBLIC WA TER SYSTEMS. 24
321321
322322 (B) THE MITIGATION PLAN S HALL INCLUDE : 25
323323
324324 (1) AN EXPLANATION OF WHE THER THE NOTICE OF V IOLATION WILL 26
325325 BE ADDRESSED THROUGH : 27
326326
327327 (I) OPERATIONAL CHANGES ; OR 28
328328 8 SENATE BILL 531
329329
330330
331331 (II) A CAPITAL EXPENDITURE ; 1
332332
333333 (2) AN IMPLEMENTATIO N SCHEDULE FOR THE M ITIGATION PLAN ; 2
334334 AND 3
335335
336336 (3) A REPORT PREPARED FOR THE SUPPLIER OF THE WATER SYSTEM 4
337337 BY A LICENSED ENGINE ER THAT INCLUDES : 5
338338
339339 (I) A TECHNICAL ANALYSIS O F THE NOTICES OF VIO LATION; 6
340340 AND 7
341341
342342 (II) AN EXPLANATION OF HOW THE MITIGATION PLAN 8
343343 SUBMITTED IN ACCORDA NCE WITH THIS SECTIO N WILL PREVENT THE 9
344344 REOCCURRENCE OF THE ORIGINAL VIOLATION . 10
345345
346346 9–434. 11
347347
348348 (A) (1) ON OR BEFORE APRIL 1, 2025, A SUPPLIER OF WATER SHALL 12
349349 DEVELOP AND SUBMIT T O THE DEPARTMENT AN ASSET M ANAGEMENT PLAN IN 13
350350 ACCORDANCE WITH THIS SUBSECTION. 14
351351
352352 (2) AN ASSET MANAGEMENT P LAN SHALL INCLUDE : 15
353353
354354 (I) A WATER MAIN RENEWAL P ROGRAM DESIGNED TO A CHIEVE 16
355355 A 150–YEAR REPLACEMENT CYC LE; OR 17
356356
357357 (II) ANY OTHER APPROPRIATE REPLACEMENT CYCLE AS 18
358358 DETERMINED BY A DETA ILED ENGINEERING ANA LYSIS OF THE CONDITION OF THE 19
359359 WATER MAIN AND THE E STIMATED SERVICE LIF E OF THE WATER MAIN SERVING THE 20
360360 PUBLIC WATER SYSTEM ; 21
361361
362362 (3) A WATER SUPPLY AND TRE ATMENT PROGRAM DESIG NED TO 22
363363 INSPECT, MAINTAIN, REPAIR, RENEW, AND UPGRADE WELLS , INTAKES, PUMPS, AND 23
364364 TREATMENT FACILITI ES IN ACCORDANCE WIT H ALL FEDERAL AND STATE 24
365365 REGULATIONS , STANDARDS ESTABLISHE D BY THE AMERICAN WATER WORKS 25
366366 ASSOCIATION, AND ANY MITIGATION P LAN SUBMITTED UNDER § 9–433 OF THIS 26
367367 SUBTITLE; 27
368368
369369 (4) CAPITAL EXPENDITURES REQUIRED UNDER A MIT IGATION PLAN 28
370370 SUBMITTED UNDER § 9–433 OF THIS SUBTITLE; AND 29
371371
372372 (5) ANY OTHER PROGRAMS , PLANS, OR PROVISIONS REQUIR ED BY 30
373373 THE DEPARTMENT IN REGULAT ION. 31 SENATE BILL 531 9
374374
375375
376376
377377 (B) A SUPPLIER OF WATER SH ALL DEDICATE FUNDS A NNUALLY TO 1
378378 ADDRESS THE HIGHEST PRIORITY PROJECTS ID ENTIFIED IN THE ASSE T 2
379379 MANAGEME NT PLAN. 3
380380
381381 (C) THE SUPPLIER OF WATER OR AN ENGINEER SHALL CERTIFY AN ASSET 4
382382 MANAGEMENT PLAN DEVE LOPED UNDER THIS SEC TION. 5
383383
384384 (D) (1) ON OR BEFORE DECEMBER 31, 2025, AND EACH DECEMBER 31 6
385385 THEREAFTER , A SUPPLIER OF WATER SHALL SUBMIT TO THE DEPARTMENT AND THE 7
386386 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT A REPORT ON THE 8
387387 IMPLEMENTATION OF TH E SUPPLIER’S ASSET MANAGEMENT P LAN. 9
388388
389389 (2) THE REPORT SHALL IDEN TIFY: 10
390390
391391 (I) THE INFRASTRUCTURE IM PROVEMENTS UNDERTAKE N IN 11
392392 ACCORDANCE WITH THE PLAN DURING THE IMME DIATELY PRECEDING CALENDAR 12
393393 YEAR AND THE COSTS A SSOCIATED WITH THE I MPROVEMENTS ; AND 13
394394
395395 (II) THE INFRASTRUCTURE IM PROVEMENTS PLANNED F OR THE 14
396396 IMMEDIATELY FOLLOWIN G CALENDAR YEAR AND THE PROJECTED COSTS OF THE 15
397397 IMPROVEMENTS . 16
398398
399399 (E) (1) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT 17
400400 OF HOUSING AND COMMUNITY DEVELOPMENT , SHALL ESTABLISH AN E LECTRONIC 18
401401 PORTAL ON THE DEPARTMENT ’S WEBSITE FOR THE SU BMISSION OF REPORTS 19
402402 REQUIRED UNDER SUBSE CTION (D) OF THIS SECTION. 20
403403
404404 (2) A SUPPLIER OF WATER SH ALL SUBMIT THE REPOR T REQUIRED 21
405405 UNDER SUBSECTION (D) OF THIS SECTION REGA RDLESS OF WHETHER TH E 22
406406 DEPARTMENT HAS ESTABL ISHED AN ELECTRONIC PORTAL. 23
407407
408408 (F) THE DEPARTMENT SHALL MAKE A REPORT SUBMITTED U NDER 24
409409 SUBSECTION (D) OF THIS SECTION AVAI LABLE FOR PUBLIC INS PECTION ON 25
410410 REQUEST. 26
411411
412412 9–435. 27
413413
414414 (A) (1) A SUPPLIER OF WATER SH ALL ANNUALLY CERTIFY IN WRITING TO 28
415415 THE DEPARTMENT THAT THE S UPPLIER OF WATER COM PLIES WITH: 29
416416
417417 (I) ALL FEDERAL AND STATE PRIMARY DRINKIN G WATER 30
418418 REGULATIONS , INCLUDING WATER QUAL ITY SAMPLING, TESTING, AND REPORTING 31 10 SENATE BILL 531
419419
420420
421421 REQUIREME NTS; 1
422422
423423 (II) THE VALVE INSPECTION REQUIREMENTS SET FOR TH IN § 2
424424 9–431 OF THIS SUBTITLE; 3
425425
426426 (III) IF APPLICABLE , THE TERMS OF A MITIG ATION PLAN 4
427427 SUBMITTED TO THE DEPARTMENT UNDER § 9–433 OF THIS SUBTITLE; AND 5
428428
429429 (IV) THE ASSET MANAGEMENT PLAN REQUIREMENTS SET 6
430430 FORTH IN § 9–434 OF THIS SUBTITLE. 7
431431
432432 (2) A SUPPLIER OF WATER MA Y INCLUDE THE CERTIF ICATION 8
433433 REQUIRED UNDER THIS SUBSECTION WITH REQU IRED CONSUMER CONFIDENCE 9
434434 REPORTS. 10
435435
436436 (B) A SUPPLIER OF WATER SH ALL: 11
437437
438438 (1) MAKE THE CERTIFICATIO N UNDER SUBSECTION (A) OF THIS 12
439439 SECTION AVAILABLE FO R PUBLIC INSPECTION ON REQUEST; AND 13
440440
441441 (2) ON OR BEFORE DECEMBER 31 EACH YEAR, INFORM CUSTOMERS 14
442442 SERVED BY THE PUBLIC WATER SYSTEM OF COMP LIANCE WITH THIS PAR T. 15
443443
444444 9–436. 16
445445
446446 A SUPPLIER OF WATER THAT ACQUIRES A NEW PUBLIC WATER SYSTEM SHALL 17
447447 COMPLY WITH THE REQU IREMENTS OF THIS PAR T NOT LATER THAN 3 YEARS AFTER 18
448448 THE DATE OF ACQUISIT ION. 19
449449
450450 9–437. 20
451451
452452 A SUPPLIER OF WATER MA Y NOT RECEIVE PUBLIC FUNDING FROM ANY 21
453453 SOURCE UNLESS THE SU PPLIER CAN DEMONSTRA TE THAT THE SUPPLIER HAS 22
454454 DEVELOPED OR IS IN THE PROCESS OF DEVEL OPING AN ASSET MANAG EMENT PLAN 23
455455 AND A CYBERSECURITY PROGRAM IN ACCORDANC E WITH THIS PART. 24
456456
457457 9–438. 25
458458
459459 THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THE 26
460460 PROVISIONS OF THIS P ART. 27
461461
462462 SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 28
463463 October 1, 2023. 29
464464