EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0830*
SENATE BILL 830
M3, J2 3lr2133
By: Senator Hester
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environmental Health Specialists and On –Site Sewage Disposal Systems – 2
Reform 3
(Environmental Health Systems Support Act of 2023) 4
FOR the purpose of requiring the Department of the Environment to develop and make 5
available certain standardized permit forms; requiring a local health department to 6
provide a certain applicant with certain information under certain circumstances; 7
requiring the Maryland Department of Health to promote consistent standards and 8
regulations governing environmental health specialists, host certain monthly 9
information meetings, and develop an online tracking system for on–site sewage 10
disposal system permits; requiring the Department of Budget and Management, on 11
or before a certain date, to increase the number of full–time employees in the 12
Department of the Environment by a certain number of permanent, classified 13
positions; establishing the Environmental Health Specialist Student Loan 14
Forgiveness Program; requiring an applicant selected to participate in the Program 15
to sign a contract agreeing to a certain service obligation; authorizing the Office of 16
Student Financial Assistance to make certain annual disbursements directly to a 17
Program participant under certain circumstances; requiring the Department of the 18
Environment and the Maryland Department of Health, in conjunction with the 19
Board of Environmental Health Specialists, to conduct a certain study; requiring the 20
Department of the Environment to contract with the University of Maryland 21
Agriculture and Food Systems Extension Program to conduct a certain study; and 22
generally relating to environmental health specialists and septic systems. 23
BY adding to 24
Article – Environment 25
Section 9–1114 26
Annotated Code of Maryland 27
(2014 Replacement Volume and 2022 Supplement) 28
BY adding to 29 2 SENATE BILL 830
Article – Health Occupations 1
Section 21–103 and 21–104 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2022 Supplement) 4
BY adding to 5
Article – Education 6
Section 18–3901 and 18–3902 to be under the new subtitle “Subtitle 39. 7
Environmental Health Specialist Student Loan Forgiveness Program” 8
Annotated Code of Maryland 9
(2022 Replacement Volume) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Environment 13
9–1114. 14
(A) THE DEPARTMENT SHALL DEVE LOP AND MAKE AVAILAB LE 15
STANDARDIZED PERMIT FORMS FOR THE INSTAL LATION OF ON –SITE SEWAGE 16
DISPOSAL SYSTEMS . 17
(B) IF A LOCAL HEALTH DEPARTM ENT DENIES AN APPLICATIO N FOR THE 18
INSTALLATION OF AN O N–SITE SEWAGE DISPOSAL SYSTEM, THE LOCAL HEALTH 19
DEPARTMENT SHALL PROVIDE THE AP PLICANT WITH INFORMA TION ON HOW TO 20
APPEAL THE DECISION TO THE DEPARTMENT . 21
Article – Health Occupations 22
21–103. 23
(A) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE 24
ENVIRONMENT , SHALL: 25
(1) PROMOTE CONSISTENT ST ANDARDS AND REGULATI ONS UNDER 26
THIS TITLE; 27
(2) HOST MONTHLY INFORMAT IONAL MEETINGS ON TH E 28
INTERPRETATION AND A PPLICATION OF THIS T ITLE AND CORRESPONDI NG 29
REGULATIONS FOR LOCA L GOVERNMENT EMPLOYE ES WHO ARE OR WORK W ITH 30
ENVIRONMENTAL HEALTH SPECIALISTS; AND 31
(3) SUBJECT TO SUBSECTION (B) OF THIS SECTION , PRODUCE A 32
TIMELINE AND FUNDING ESTIMATE FOR DEVELOPING AN ONLINE TRACKING S YSTEM 33 SENATE BILL 830 3
FOR THE STATUS OF AN APPLICATION FOR THE INSTALLATION OF AND ASSOCIATED 1
PERMITS FOR AN ON –SITE SEWAGE DISPOSAL SYSTEM. 2
(B) (1) THE DEPARTMENT SHALL DEVE LOP THE TRACKING SYSTEM 3
REQUIRED UNDER SUBSECTION (A)(3) OF THIS SECTION IN C ONSULTATION WITH 4
THE DEPARTMENT OF INFORMATI ON TECHNOLOGY . 5
(2) THE DEPARTMENT SHALL CONS ULT WITH PERMIT APPLICANTS , 6
PERMIT HOLDERS , AND LOCAL HEALTH DEPARTM ENTS IN EVALUATING THE 7
TRACKING SYSTEM FOR ON–SITE SEWAGE DISPOSAL SYSTEM PERMIT 8
APPLICATIONS. 9
21–104. 10
(A) ON OR BEFORE OCTOBER 1, 2024, THE DEPARTMENT OF BUDGET AND 11
MANAGEMENT SHALL INCR EASE THE NUMBER OF F ULL–TIME EMPLOYEES IN TH E 12
DEPARTMENT OF THE ENVIRONMENT BY THREE PERMANENT , CLASSIFIED 13
POSITIONS. 14
(B) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL BUDG ET THE 15
THREE POSITIONS REQUIRED UNDER SUBSE CTION (A) OF THIS SECTION AS 16
FOLLOWS: 17
(1) TWO ADMINISTRATORS ; AND 18
(2) ONE ASSISTANT ATTORNEY GENERAL WITH EXPERIEN CE IN 19
ENVIRONMENTAL LAW AS SIGNED TO THE DEPARTMENT OF THE ENVIRONMENT AND 20
DESIGNATED BY THE ATTORNEY GENERAL TO ADVISE ON MATTERS RELATED TO 21
PERMITTING, INCLUDING PERMITS FO R ON–SITE SEWAGE DISPOSAL SYSTEMS. 22
(C) FOR FISCAL YEAR 2025, AND EACH FISCAL YEAR THEREAFTER , THE 23
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIATION OF 24
$350,000 TO FUND THE THREE PERMANENT , CLASSIFIED POSITIONS REQUIRED 25
UNDER SUBSECTION (A) OF THIS SECTION AND RELATED OPERATING CO STS. 26
Article – Education 27
SUBTITLE 39. ENVIRONMENTAL HEALTH SPECIALIST STUDENT LOAN 28
FORGIVENESS PROGRAM. 29
18–3901. 30
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 31
INDICATED. 32 4 SENATE BILL 830
(B) “EMERGENCY CIRCUMSTANC ES” MEANS CONDITIONS THA T MAY 1
PRECLUDE A PARTICIPA NT FROM FULFILLING THE SERVI CE COMMITMENT , 2
INCLUDING DEATH , TOTAL AND PERMANENT DISABILITY, OR TEMPORARY 3
DISABILITY LASTING M ORE THAN 2 YEARS. 4
(C) “ENVIRONMENTAL HEALTH SPECIALIST” MEANS AN INDIVIDUAL WHO 5
PRACTICES AS AN ENVI RONMENTAL HEALTH SPE CIALIST. 6
(D) “PROGRAM” MEANS THE ENVIRONMENTAL HEALTH SPECIALIST 7
STUDENT LOAN FORGIVENESS PROGRAM. 8
(E) “QUALIFIED EDUCATIONAL LOAN” MEANS A GOVERNMENT , 9
COMMERCIAL , OR FOUNDATION LOAN F OR ACTUAL COSTS PAID FOR TUITION, 10
REASONABLE EDUCATION EXPENSES, AND REASONABLE LIVI NG EXPENSES 11
RELATED TO THE POST SECONDARY EDUCATION OF AN ENVIRONMENTAL HEALTH 12
SPECIALIST. 13
18–3902. 14
(A) (1) THERE IS AN ENVIRONMENTAL HEALTH SPECIALIST STUDENT 15
LOAN ASSISTANCE REPAYMENT PROGRAM. 16
(2) THE OFFICE SHALL ADMINISTER THE PROGRAM. 17
(B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE QUALIFIED 18
EDUCATIONAL LOAN FORGIVENESS FOR ENVIRONMENTAL HEALTH SPECIALISTS IN 19
THE STATE. 20
(C) TO BE ELIGIBLE TO PAR TICIPATE IN THE PROGRAM, AN INDIVIDUAL 21
SHALL: 22
(1) BE AN ENVIRONMENTAL H EALTH SPECIALIST WORKING FOR A 23
LOCAL HEALTH DEPARTM ENT IN THE STATE WITH AT LEAST 1 FULL YEAR OF 24
SERVICE; AND 25
(2) SUBMIT AN APPLICATION TO THE OFFICE, IN THE FORM AND 26
MANNER PRESCRIBED BY THE OFFICE. 27
(D) AN APPLICANT SELECTED TO PARTICIPATE IN THE PROGRAM SHALL 28
SIGN A CONTRACT AGREEING TO COMPLETE A SERVIC E OBLIGATION TO WORK IN 29
THE STATE FOR 3 YEARS. 30
SENATE BILL 830 5
(E) EACH FISCAL YEAR , THE OFFICE MAY SELECT ELIGIBLE APPLICANTS 1
FOR PARTICIPATION IN THE PROGRAM, WITHIN THE LIMITS OF AVAILABLE 2
FUNDING. 3
(F) (1) THE OFFICE SHALL MAKE ANNUAL DISBURSEMENTS DIRECTLY 4
TO A PARTICIPATING E NVIRONMENTAL HEALTH SPECIALIST OF $6,000 OR THE 5
BALANCE OF THE PARTICIPANT’S QUALIFIED EDUCATIONA L LOANS, WHICHEVER IS 6
LESS, FOR EACH YEAR THAT A PARTICIPANT MEETS THE SERVICE OB LIGATION 7
REQUIRED UNDER SUBSECTION (D) OF THIS SECTION, UP TO A MAXIMUM OF 3 YEARS. 8
(2) DISBURSEMENTS UNDER T HE PROGRAM ARE SUBJECT T O 9
APPLICABLE LAWS ON L OCAL, STATE, AND FEDERAL TAXATION . 10
(G) (1) THE OFFICE MAY WAIVE AN ENVIRON MENTAL HEALTH 11
SPECIALIST’S SERVICE O BLIGATION UNDER THE PROGRAM IF EMERGENCY 12
CIRCUMSTANCES PREVEN T FULFILLMENT OF THE SERVICE OBLIGATION . 13
(2) IF AN ENVIRONMENTAL H EALTH SPECIALIST PAR TICIPATING IN 14
THE PROGRAM FAILS TO COMP LETE A FULL YEAR OF THE SERVICE OBLIGATI ON, 15
THE OFFICE MAY PRORATE THE LOAN FORGIVENESS PAYMENT FOR THAT SER VICE 16
YEAR. 17
(H) AN ENVIRONMENTAL HEAL TH SPECIALIST PARTICIPATING IN THE 18
PROGRAM SHALL : 19
(1) APPLY TO FEDERAL LOAN FORGIVENESS FOR WHIC H THE 20
ENVIRONMENTAL HEALTH SPECIALIST MAY QUALI FY; AND 21
(2) NOTIFY THE OFFICE IF THE INDIVID UAL RECEIVES OTHER L OAN 22
REPAYMENT ASSISTANCE. 23
(I) (1) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , 24
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 25
OF $150,000 TO THE PROGRAM. 26
(2) THE APPROPRIATION REQUIRED U NDER PARAGRAPH (1) OF THIS 27
SUBSECTION SHALL BE DISTRIBUTED TO A SPE CIAL FUND, TO BE USED ONLY FOR : 28
(I) PROVIDING LOAN FORGIV ENESS UNDER THE PROGRAM; 29
AND 30
(II) ADMINISTERING THE PROGRAM. 31
6 SENATE BILL 830
SECTION 2. AND BE IT FURTHER ENACTED, T hat: 1
(a) The Department of the Environment and the Maryland Department of Health, 2
in conjunction with the Board of Environmental Health Specialists, shall conduct a study 3
on staffing needs for environmental health specialists in local health departments. 4
(b) The study shall include: 5
(1) an analysis of the educational and licensing requirements for 6
environmental health specialists, including recommendations on any revisions to the 7
requirements to aid in recruitment and retention; 8
(2) an analysis of the competitiveness of wages for current environmental 9
health specialists compared to other states’ specialists and specialists in the private sector; 10
and 11
(3) an analysis of the feasibility of establishing an apprenticeship program 12
for environmental health specialists. 13
(c) On or before December 1, 2023, the Department of the Environment and the 14
Maryland Department of Health shall submit a report of their findings and 15
recommendations to the Governor and, in accordance with § 2–1257 of the State 16
Government Article, the General Assembly. 17
SECTION 3. AND BE IT FURTHER ENACTED, That : 18
(a) (1) The Department of the Environment shall contract with the University 19
of Maryland Agriculture and Food Systems Extension Program to study the implications of 20
the delegation of the Department’s authority related to well and septic systems permitting 21
to the Maryland Department of Health. 22
(2) The study shall address: 23
(i) the benefits of and issues with the existing system of the 24
Department delegating authority related to well and septic systems; 25
(ii) lessons that can be drawn from other states’ administrative 26
structure and accountability measures; and 27
(iii) the optimal long–term staff organization structure to best 28
address issues of delays, communication, and customer service. 29
(3) In conducting the study, the University of Maryland Agriculture and 30
Food Systems Extension Program shall consult with representatives from impacted 31
stakeholder groups. 32
SENATE BILL 830 7
(b) On or before December 1, 2023, the University of Maryland Agriculture and 1
Food Systems Extension Program shall submit a report of its findings and 2
recommendations to the Governor and, in accordance with § 2–1257 of the State 3
Government Article, the General Assembly. 4
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2023. Sections 2 and 3 of this Act shall remain effective for a period of 1 year and, at the 6
end of June 30, 2024, Sections 2 and 3 of this Act, with no further action required by the 7
General Assembly, shall be abrogated and of no further force and effect. 8