Maryland 2023 2023 Regular Session

Maryland Senate Bill SB830 Engrossed / Bill

Filed 03/15/2023

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *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 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: March 6, 2023 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Environmental Health Specialists and On–Site Sewage Disposal Systems Well 2 
and Septic Systems Permitting – Reform Studies 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 in consultation with the Department of 21 
Legislative Services and the University of Maryland Agriculture and Food Systems 22 
Extension Program, to conduct a certain study; and generally relating to studying 23 
environmental health specialists and well and septic systems permitting.  24 
  2 	SENATE BILL 830  
 
 
BY adding to 1 
 Article – Environment 2 
Section 9–1114 3 
 Annotated Code of Maryland 4 
 (2014 Replacement Volume and 2022 Supplement) 5 
 
BY adding to 6 
 Article – Health Occupations 7 
Section 21–103 and 21–104 8 
 Annotated Code of Maryland 9 
 (2021 Replacement Volume and 2022 Supplement) 10 
 
BY adding to 11 
 Article – Education 12 
Section 18–3901 and 18–3902 to be under the new subtitle “Subtitle 39. 13 
Environmental Health Specialist Student Loan Forgiveness Program” 14 
 Annotated Code of Maryland 15 
 (2022 Replacement Volume) 16 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 
That the Laws of Maryland read as follows: 18 
 
Article – Environment  19 
 
9–1114. 20 
 
 (A) THE DEPARTMENT SHALL DEVE LOP AND MAKE AVAILAB	LE 21 
STANDARDIZED PERMIT FORMS FOR THE INSTAL LATION OF ON –SITE SEWAGE 22 
DISPOSAL SYSTEMS .  23 
 
 (B) IF A LOCAL HEALTH DEP ARTMENT DENIES AN AP PLICATION FOR THE 24 
INSTALLATION OF AN O N–SITE SEWAGE DISPOSAL SYSTEM, THE LOCAL HEALTH 25 
DEPARTMENT SHALL PRO VIDE THE APPLICANT W ITH INFORMATION ON H OW TO 26 
APPEAL THE DECISION TO THE DEPARTMENT .  27 
 
Article – Health Occupations 28 
 
21–103. 29 
 
 (A) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE 30 
ENVIRONMENT , SHALL: 31 
 
 (1) PROMOTE CONSISTENT ST ANDARDS AND REGULATI ONS UNDER 32 
THIS TITLE;  33 
   	SENATE BILL 830 	3 
 
 
 (2) HOST MONTHLY INFORMAT	IONAL MEETINGS ON TH	E 1 
INTERPRETATION AND A PPLICATION OF THIS T ITLE AND CORRESPONDI NG 2 
REGULATIONS FOR LOCA L GOVERNMENT EMPLOYE ES WHO ARE OR WORK W ITH 3 
ENVIRONMENTAL HEALTH SPECIALISTS ; AND 4 
 
 (3) SUBJECT TO SUBSECTION (B) OF THIS SECTION , PRODUCE A 5 
TIMELINE AND FUNDING ESTIMATE FOR DEVELOP ING AN ONLINE TRACKI NG SYSTEM 6 
FOR THE STATUS OF AN APPLICATION FOR THE INSTALLATION OF AND ASSOCIATED 7 
PERMITS FOR AN ON –SITE SEWAGE DISPOSAL SYSTEM .  8 
 
 (B) (1) THE DEPARTMENT SHALL DEVE LOP THE TRACKING SYS TEM 9 
REQUIRED UNDER SUBSE CTION (A)(3) OF THIS SECTION IN C ONSULTATION WITH 10 
THE DEPARTMENT OF INFORMATION TECHNOLOGY . 11 
 
 (2) THE DEPARTMENT SHALL CONS ULT WITH PERMIT APPL ICANTS, 12 
PERMIT HOLDERS, AND LOCAL HEALTH DEP ARTMENTS IN EVALUATI NG THE 13 
TRACKING SYSTEM FOR 	ON–SITE SEWAGE DISPOSAL SYSTEM PERMIT 14 
APPLICATIONS.  15 
 
21–104.  16 
 
 (A) ON OR BEFORE OCTOBER 1, 2024, THE DEPARTMENT OF BUDGET AND 17 
MANAGEMENT SHALL INCR EASE THE NUMBER OF F ULL–TIME EMPLOYEES IN THE 18 
DEPARTMENT OF THE ENVIRONMENT BY THREE PERMANENT , CLASSIFIED 19 
POSITIONS.  20 
 
 (B) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL BUDG ET THE 21 
THREE POSITIONS REQU IRED UNDER SUBSECTIO N (A) OF THIS SECTION AS 22 
FOLLOWS:  23 
 
 (1) TWO ADMINISTRATORS ; AND 24 
 
 (2) ONE ASSISTANT ATTORNEY GENERAL WITH EXPERIEN CE IN 25 
ENVIRONMENTAL LAW AS SIGNED TO THE DEPARTMENT OF THE ENVIRONMENT AND 26 
DESIGNATED BY THE ATTORNEY GENERAL TO ADVISE ON MATTERS RELATED TO 27 
PERMITTING, INCLUDING PERMITS FO R ON–SITE SEWAGE DISPOSAL SYSTEMS.  28 
 
 (C) FOR FISCAL YEAR 2025, AND EACH FISCAL YEAR THEREAFTER , THE 29 
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 30 
$350,000 TO FUND THE THREE PE RMANENT, CLASSIFIED POSITIONS REQUIRED 31 
UNDER SUBSECTION (A) OF THIS SECTION AND RELATED OPERATING COSTS .  32 
 
Article – Education 33 
  4 	SENATE BILL 830  
 
 
SUBTITLE 39. ENVIRONMENTAL HEALTH SPECIALIST STUDENT LOAN 1 
FORGIVENESS PROGRAM. 2 
 
18–3901. 3 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4 
INDICATED.  5 
 
 (B) “EMERGENCY CIRCUMSTANC ES” MEANS CONDITIONS THAT MAY 6 
PRECLUDE A PARTICIPA NT FROM FULFILLING T HE SERVICE COMMITMEN T, 7 
INCLUDING DEATH , TOTAL AND PERMANENT DISABILITY, OR TEMPORARY 8 
DISABILITY LASTING M ORE THAN 2 YEARS. 9 
 
 (C) “ENVIRONMENTAL HEALTH SPECIALIST” MEANS AN INDIVIDUAL WHO 10 
PRACTICES AS AN ENVI RONMENTAL HEALTH SPE CIALIST. 11 
 
 (D) “PROGRAM” MEANS THE ENVIRONMENTAL HEALTH SPECIALIST 12 
STUDENT LOAN FORGIVENESS PROGRAM.  13 
 
 (E) “QUALIFIED EDUCATIONAL LOAN” MEANS A GOVERNMENT , 14 
COMMERCIAL , OR FOUNDATION LOAN F OR ACTUAL COSTS PAID FOR TUITION, 15 
REASONABLE ED UCATION EXPENSES , AND REASONABLE LIVIN G EXPENSES 16 
RELATED TO THE POSTS ECONDARY EDUCATION O F AN ENVIRONMENTAL H EALTH 17 
SPECIALIST.  18 
 
18–3902. 19 
 
 (A) (1) THERE IS AN ENVIRONMENTAL HEALTH SPECIALIST STUDENT 20 
LOAN ASSISTANCE REPAYMENT PROGRAM.  21 
 
 (2) THE OFFICE SHALL ADMINIST ER THE PROGRAM.  22 
 
 (B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE QUALIFIED 23 
EDUCATIONAL LOAN FOR GIVENESS FOR ENVIRON MENTAL HEALTH SPECIA LISTS IN 24 
THE STATE.  25 
 
 (C) TO BE ELIGIBLE TO PAR TICIPATE IN THE PROGRAM, AN INDIVIDUAL 26 
SHALL:  27 
 
 (1) BE AN ENVIRONMENTAL H EALTH SPECIALIST WOR KING FOR A 28 
LOCAL HEALTH DEPARTM ENT IN THE STATE WITH AT LEAST 1 FULL YEAR OF 29 
SERVICE; AND 30 
   	SENATE BILL 830 	5 
 
 
 (2) SUBMIT AN APPLICATION TO THE OFFICE, IN THE FORM AND 1 
MANNER PRESCRIBED BY THE OFFICE.  2 
 
 (D) AN APPLICANT SELECTED TO PARTICIP ATE IN THE PROGRAM SHALL 3 
SIGN A CONTRACT AGRE EING TO COMPLETE A S ERVICE OBLIGATION TO WORK IN 4 
THE STATE FOR 3 YEARS.  5 
 
 (E) EACH FISCAL YEAR , THE OFFICE MAY SELECT ELI GIBLE APPLICANTS 6 
FOR PARTICIPATION IN THE PROGRAM, WITHIN THE LIMITS OF AVAILABLE 7 
FUNDING.  8 
 
 (F) (1) THE OFFICE SHALL MAKE ANN UAL DISBURSEMENTS DI RECTLY 9 
TO A PARTICIPATING E NVIRONMENTAL HEALTH SPECIALIST OF $6,000 OR THE 10 
BALANCE OF THE PARTI CIPANT’S QUALIFIED EDUCATIO NAL LOANS, WHICHEVER IS 11 
LESS, FOR EACH YEAR THAT A PARTICIPANT MEETS THE SER VICE OBLIGATION 12 
REQUIRED UNDER SUBSE CTION (D) OF THIS SECTION, UP TO A MAXIMUM OF 3 YEARS.  13 
 
 (2) DISBURSEMENTS UNDER T HE PROGRAM ARE SUBJECT T O 14 
APPLICABLE LAWS ON L OCAL, STATE, AND FEDERAL TAXATION .  15 
 
 (G) (1) THE OFFICE MAY WAIVE AN ENVIRONMENTAL HEALTH 16 
SPECIALIST’S SERVICE OBLIGATION UNDER THE PROGRAM IF EMERGENCY 17 
CIRCUMSTANCES PREVEN T FULFILLMENT OF THE SERVICE OBLIGATION .  18 
 
 (2) IF AN ENVIRONMENTAL H EALTH SPECIALIST PAR TICIPATING IN 19 
THE PROGRAM FAILS TO COMP LETE A FULL YEAR OF THE SERVICE OBLIGATION , 20 
THE OFFICE MAY PRORATE TH E LOAN FORGIVENESS P AYMENT FOR THAT SERV ICE 21 
YEAR.  22 
 
 (H) AN ENVIRONMENTAL HEAL TH SPECIALIST PARTIC IPATING IN THE 23 
PROGRAM SHALL : 24 
 
 (1) APPLY TO FEDERAL LOAN FORGIVENESS FOR WHIC H THE 25 
ENVIRONMENTAL HEALTH SPECIALIST MAY QUALI FY; AND 26 
 
 (2) NOTIFY THE OFFICE IF THE INDIVID UAL RECEIVES OTHER L OAN 27 
REPAYMENT ASSISTANCE .  28 
 
 (I) (1) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , 29 
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 30 
OF $150,000 TO THE PROGRAM. 31 
 
 (2) THE APPROPRIATION REQ UIRED UNDER PARAGRAP H (1) OF THIS 32 
SUBSECTION SHALL BE DISTRIBUTED TO A SPE CIAL FUND, TO BE USED ONLY FOR : 33  6 	SENATE BILL 830  
 
 
 
 (I) PROVIDING LOAN FORGIV ENESS UNDER THE PROGRAM; 1 
AND  2 
 
 (II) ADMINISTERING THE PROGRAM.  3 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 4 
 
 (a) The Department of the Environment and the Maryland Department of Health, 5 
in conjunction with the Board of Environmental Health Specialists, shall conduct a study 6 
on staffing needs for environmental health specialists in local health departments.  7 
 
 (b) The study shall include:  8 
 
 (1) an analysis of the educational and licensing requirements for 9 
environmental health specialists, including recommendations on any revisions to the 10 
requirements to aid in recruitment and retention; 11 
 
 (2) an analysis of the competitiveness of wages for current environmental 12 
health specialists compared to other states’ specialists and specialists in the private sector; 13 
and 14 
 
 (3) an analysis of the feasibility of establishing an apprenticeship program 15 
for environmental health specialists.  16 
 
 (c) On or before December 1, 2023, the Department of the Environment and the 17 
Maryland Department of Health shall submit a report of their findings and 18 
recommendations to the Governor and, in accordance with § 2 –1257 of the State 19 
Government Article, the General Assembly.  20 
 
 SECTION 3. 2. AND BE IT FURTHER ENACTED, That: 21 
 
 (a) (1) The Department of the Environment , in consultation with the 22 
Department of Legislative Services and shall contract with the University of Maryland 23 
Agriculture and Food Systems Extension Program, to shall study the implications of the 24 
delegation of the Department’s authority related to well and septic systems permitting to 25 
the Maryland Department of Health.  26 
 
 (2) The study shall address: 27 
 
 (i) the benefits of and issues with the existing system of the 28 
Department delegating authority related to well and septic systems;  29 
 
 (ii) lessons that can be drawn from other states’ administrative 30 
structure and accountability measures; and 31 
   	SENATE BILL 830 	7 
 
 
 (iii) the optimal long–term staff organization structure to best 1 
address issues of delays, communication, and customer service.  2 
 
 (3) In conducting the study, the University of Maryland Agriculture and 3 
Food Systems Extension Program Department of the Environment shall consult with 4 
representatives from impacted stakeholder groups.  5 
 
 (b) (1) On or before December 1, 2023, the University of Maryland Agriculture 6 
and Food Systems Extension Program Department of the Environment shall submit a an 7 
interim report of its findings and any recommendations for legislative or administrative 8 
changes to the Governor and, in accordance with § 2–1257 of the State Government Article, 9 
the General Assembly.  10 
 
 (2) On or before December 1, 2024, the Department of the Environment 11 
shall submit a final report of its findings and any recommendations for legislative or 12 
administrative changes to the Governor and, in accordance with § 2–1257 of the State 13 
Government Article, the General Assembly.  14 
 
 SECTION 4. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 
July 1, 2023. Sections 2 and 3 of this Act It shall remain effective for a period of 1 year 2 16 
years and, at the end of June 30, 2024, Sections 2 and 3 of 2025, this Act, with no further 17 
action required by the General Assembly, shall be abrogated and of no further force and 18 
effect.  19 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.