WES MOORE, Governor Ch. 577
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Chapter 577
(Senate Bill 830)
AN ACT concerning
Environmental Health Specialists and On–Site Sewage Disposal Systems Well
and Septic Systems Permitting – Reform Studies
(Environmental Health Systems Support Act of 2023)
FOR the purpose of requiring the Department of the Environment to develop and make
available certain standardized permit forms; requiring a local health department to
provide a certain applicant with certain information under certain circumstances;
requiring the Maryland Department of Health to promote consistent standards and
regulations governing environmental health specialists, host certain monthly
information meetings, and develop an online tracking system for on–site sewage
disposal system permits; requiring the Department of Budget and Management, on
or before a certain date, to increase the number of full–time employees in the
Department of the Environment by a certain number of permanent, class ified
positions; establishing the Environmental Health Specialist Student Loan
Forgiveness Program; requiring an applicant selected to participate in the Program
to sign a contract agreeing to a certain service obligation; authorizing the Office of
Student Financial Assistance to make certain annual disbursements directly to a
Program participant under certain circumstances; requiring the Department of the
Environment and the Maryland Department of Health, in conjunction with the
Board of Environmental Health Specialists, to conduct a certain study; requiring the
Department of the Environment, to contract in consultation with the Department of
Legislative Services and the University of Maryland Agriculture and Food Systems
Extension Program, to conduct a certain study; and generally relating to studying
environmental health specialists and well and septic systems permitting.
BY adding to
Article – Environment
Section 9–1114
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY adding to
Article – Health Occupations
Section 21–103 and 21–104
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY adding to
Article – Education
Section 18–3901 and 18–3902 to be under the new subtitle “Subtitle 39.
Environmental Health Specialist Student Loan Forgiveness Program” Ch. 577 2023 LAWS OF MARYLAND
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Annotated Code of Maryland
(2022 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
9–1114.
(A) THE DEPARTMENT SHALL DEVE LOP AND MAKE AVAILAB LE
STANDARDIZED PERMIT FORMS FOR THE INSTAL LATION OF ON –SITE SEWAGE
DISPOSAL SYSTEMS .
(B) IF A LOCAL HEALTH DEP ARTMENT DENIES AN AP PLICATION FOR THE
INSTALLATION OF AN O N–SITE SEWAGE DISPOSAL SYSTEM, THE LOCAL HEALTH
DEPARTMENT SHALL PRO VIDE THE APPLICANT W ITH INFORMATION ON H OW TO
APPEAL THE DECISION TO THE DEPARTMENT .
Article – Health Occupations
21–103.
(A) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE
ENVIRONMENT , SHALL:
(1) PROMOTE CONSISTENT ST ANDARDS AND REGULATI ONS UNDER
THIS TITLE;
(2) HOST MONTHLY INFORMAT IONAL MEETINGS ON TH E
INTERPRETATION AND A PPLICATION OF THIS T ITLE AND CORRESPONDI NG
REGULATIONS FOR LOCA L GOVERNMENT EMPLOYE ES WHO ARE OR WORK W ITH
ENVIRONME NTAL HEALTH SPECIALI STS; AND
(3) SUBJECT TO SUBSECTION (B) OF THIS SECTION , PRODUCE A
TIMELINE AND FUNDING ESTIMATE FOR DEVELOP ING AN ONLINE TRACKI NG SYSTEM
FOR THE STATUS OF AN APPLICATION FOR THE INSTALLATION OF AND ASSOCIATED
PERMITS FOR AN ON –SITE SEWAGE DISPOSAL SYSTE M.
(B) (1) THE DEPARTMENT SHALL DEVE LOP THE TRACKING SYS TEM
REQUIRED UNDER SUBSE CTION (A)(3) OF THIS SECTION IN C ONSULTATION WITH
THE DEPARTMENT OF INFORMATION TECHNOLOGY .
WES MOORE, Governor Ch. 577
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(2) THE DEPARTMENT SHALL CONS ULT WITH PERMIT APPL ICANTS,
PERMIT HOLDERS , AND LOCAL HEALTH DEP ARTMENTS IN EVALUATI NG THE
TRACKING SYSTEM FOR ON–SITE SEWAGE DISPOSAL SYSTEM PERMIT
APPLICATIONS.
21–104.
(A) ON OR BEFORE OCTOBER 1, 2024, THE DEPARTMENT OF BUDGET AND
MANAGEMENT SHALL INCR EASE THE NUMBER OF FULL–TIME EMPLOYEES IN TH E
DEPARTMENT OF THE ENVIRONMENT BY THREE PERMANENT , CLASSIFIED
POSITIONS.
(B) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL BUDG ET THE
THREE POSITIONS REQU IRED UNDER SUBSECTIO N (A) OF THIS SECTION AS
FOLLOWS:
(1) TWO ADMINIS TRATORS; AND
(2) ONE ASSISTANT ATTORNEY GENERAL WITH EXPERIEN CE IN
ENVIRONMENTAL LAW AS SIGNED TO THE DEPARTMENT OF THE ENVIRONMENT AND
DESIGNATED BY THE ATTORNEY GENERAL TO ADVISE ON MATTERS RELATED TO
PERMITTING, INCLUDING PERMITS FO R ON–SITE SEWAGE DISPOSAL SYSTEMS.
(C) FOR FISCAL YEAR 2025, AND EACH FISCAL YEAR THEREAFTER , THE
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF
$350,000 TO FUND THE THREE PE RMANENT, CLASSIFIED POSIT IONS REQUIRED
UNDER SUBSECTION (A) OF THIS SECTION AND RELATED OPERATING CO STS.
Article – Education
SUBTITLE 39. ENVIRONMENTAL HEALTH SPECIALIST STUDENT LOAN
FORGIVENESS PROGRAM.
18–3901.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “EMERGENCY CIRCUMSTANC ES” MEANS CONDITIONS THA T MAY
PRECLUDE A PARTICIPA NT FROM FULFILLING T HE SERVICE COMMITMEN T,
INCLUDING DEATH , TOTAL AND PERMANENT DISABILITY, OR TEMPORARY
DISABILITY LASTING M ORE THAN 2 YEARS.
Ch. 577 2023 LAWS OF MARYLAND
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(C) “ENVIRONMENTAL HE ALTH SPECIALIST ” MEANS AN INDIVIDUAL WHO
PRACTICES AS AN ENVI RONMENTAL HEALTH SPE CIALIST.
(D) “PROGRAM” MEANS THE ENVIRONMENTAL HEALTH SPECIALIST
STUDENT LOAN FORGIVENESS PROGRAM.
(E) “QUALIFIED EDUCATIONAL LOAN” MEANS A GOVERNMENT ,
COMMERCIAL , OR FOUNDATION LOAN FOR ACT UAL COSTS PAID FOR T UITION,
REASONABLE EDUCATION EXPENSES, AND REASONABLE LIVIN G EXPENSES
RELATED TO THE POSTS ECONDARY EDUCATION O F AN ENVIRONMENTAL H EALTH
SPECIALIST.
18–3902.
(A) (1) THERE IS AN ENVIRONMENTAL HEALTH SPECIALIST STUDENT
LOAN ASSISTANCE REPAYMENT PROGRAM.
(2) THE OFFICE SHALL ADMINIST ER THE PROGRAM.
(B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE QUALIFIED
EDUCATIONAL LOAN FOR GIVENESS FOR ENVIRON MENTAL HEALTH SPECIA LISTS IN
THE STATE.
(C) TO BE ELIGIBLE TO PARTICIPATE IN THE PROGRAM, AN INDIVIDUAL
SHALL:
(1) BE AN ENVIRONMENTAL H EALTH SPECIALIST WOR KING FOR A
LOCAL HEALTH DEPARTM ENT IN THE STATE WITH AT LEAST 1 FULL YEAR OF
SERVICE; AND
(2) SUBMIT AN APPLICATION TO THE OFFICE, IN THE FORM AND
MANNER P RESCRIBED BY THE OFFICE.
(D) AN APPLICANT SELECTED TO PARTICIPATE IN TH E PROGRAM SHALL
SIGN A CONTRACT AGRE EING TO COMPLETE A S ERVICE OBLIGATION TO WORK IN
THE STATE FOR 3 YEARS.
(E) EACH FISCAL YEAR , THE OFFICE MAY SELECT ELI GIBLE APPLICANTS
FOR PARTICIPATION IN THE PROGRAM, WITHIN THE LIMITS OF AVAILABLE
FUNDING.
(F) (1) THE OFFICE SHALL MAKE ANN UAL DISBURSEMENTS DI RECTLY
TO A PARTICIPATING E NVIRONMENTAL HEALTH SPECIALIST OF $6,000 OR THE WES MOORE, Governor Ch. 577
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BALANCE OF THE PARTI CIPANT’S QUALIFIED EDUCATIO NAL LOANS, WHICHEVER IS
LESS, FOR EACH YEAR THAT A PARTICIPANT MEETS TH E SERVICE OBLIGATION
REQUIRED UNDER SUBSE CTION (D) OF THIS SECTION, UP TO A MAXIMUM OF 3 YEARS.
(2) DISBURSEMENTS UNDER T HE PROGRAM ARE SUBJECT T O
APPLICABLE LAWS ON L OCAL, STATE, AND FEDER AL TAXATION.
(G) (1) THE OFFICE MAY WAIVE AN E NVIRONMENTAL HEALTH
SPECIALIST’S SERVICE OBLIGATION UNDER THE PROGRAM IF EMERGENCY
CIRCUMSTANCES PREVEN T FULFILLMENT OF THE SERVICE OBLIGATION .
(2) IF AN ENVIRONMENTAL H EALTH SPECIALIST PAR TICIPATING IN
THE PROGRAM FAILS TO COMP LETE A FULL YEAR OF THE SERVICE OBLIGATI ON,
THE OFFICE MAY PRORATE TH E LOAN FORGIVENESS P AYMENT FOR THAT SERV ICE
YEAR.
(H) AN ENVIRONMENTAL HEAL TH SPECIALIST PARTIC IPATING IN THE
PROGRAM SHALL :
(1) APPLY TO FEDERAL LOAN FORGIVENESS FOR WHIC H THE
ENVIRONMENTAL HEALTH SPECIALIST MAY QUALI FY; AND
(2) NOTIFY THE OFFICE IF THE INDIVID UAL RECEIVES OTHER L OAN
REPAYMENT ASSISTANCE .
(I) (1) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER ,
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BI LL AN APPROPRIATION
OF $150,000 TO THE PROGRAM.
(2) THE APPROPRIATION REQ UIRED UNDER PARAGRAP H (1) OF THIS
SUBSECTION SHALL BE DISTRIBUTED TO A SPE CIAL FUND, TO BE USED ONLY FOR :
(I) PROVIDING LOAN FORGIV ENESS UNDER THE PROGRAM;
AND
(II) ADMINISTERING THE PROGRAM.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) The Department of the Environment and the Maryland Department of Health,
in conjunction with the Board of Environmental Health Specialists, shall conduct a study
on staffing needs for environmental health specialists in local health departments.
(b) The study shall include: Ch. 577 2023 LAWS OF MARYLAND
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(1) an analysis of the educational and licensing requirements for
environmental health specialists, including recommendations on any revisions to the
requirements to aid in recruitment and retention;
(2) an analysis of the competitiveness of wages for current environmental
health specialists compared to other states’ specialists and specialists in the private sector;
and
(3) an analysis of the feasibility of establishing an apprenticeship program
for environmental health specialists.
(c) On or before December 1, 2023, the Department of the Environment and the
Maryland Department of Health shall submit a report of their findings and
recommendations to the Governor and, in accordance with § 2 –1257 of the State
Government Article, the General Assembly.
SECTION 3. 2. AND BE IT FURTHER ENACTED, That:
(a) (1) The Department of the Environment , in consultation with the
Department of Legislative Services and shall contract with the University of Maryland
Agriculture and Food Systems Extension Program, to shall study the implications of the
delegation of the Department’s authority related to well and septic systems permitting to
the Maryland Department of Health.
(2) The study shall address:
(i) the benefits of and issues with the existing system of the
Department delegating authority related to well and septic systems;
(ii) lessons that can be drawn from other states’ administrative
structure and accountability measures; and
(iii) the optimal long–term staff organization structure to best
address issues of delays, communication, and customer service.
(3) In conducting the study, the University of Maryland Agriculture and
Food Systems Extension Program Department of the Environment shall consult with
representatives from impacted stakeholder groups.
(b) (1) On or before December 1, 2023, the University of Maryland Agriculture
and Food Systems Extension Program Department of the Environment shall submit a an
interim report of its findings and any recommendations for legislative or administrative
changes to the Governor and, in accordance with § 2–1257 of the State Government Article,
the General Assembly.
WES MOORE, Governor Ch. 577
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(2) On or before December 1, 2024, the Department of the Environment
shall submit a final report of its findings and any recommendations for legislative or
administrative changes to the Governor and, in accordance with § 2–1257 of the State
Government Article, the General Assembly.
SECTION 4. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2023. Sections 2 and 3 of this Act It shall remain effective for a period of 1 year 2
years and, at the end of June 30, 2024, Sections 2 and 3 of 2025, this Act, with no further
action required by the General Assembly, shall be abrogated and of no further force and
effect.
Approved by the Governor, May 8, 2023.