Maryland 2025 Regular Session

Maryland House Bill HB131 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0131
9	6
10	7		HOUSE BILL 131
11	8		M3 5lr1676
12	9		(PRE–FILED) CF SB 117
13		-	By: Delegate Stein ~~Delegates Stein, Guyton, and Ruth~~
	10	+	By: Delegate Stein
14	11		Requested: November 1, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Environment and Transportation
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: February 22, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Environment – Bay Restoration Fund – Septic System Upgrade Program 2
26	20
27	21		FOR the purpose of authorizing the Department of the Environment to establish 3
28	22		performance–based funding levels for best available nitrogen removal technologies 4
29	23		for on–site sewage disposal systems using a certain evaluation and ranking process; 5
30	24		requiring the Department to make certain eligible funding levels available in a 6
31	25		certain manner; altering priorities for funding the repair or replacement of certain 7
32	26		on–site sewage disposal systems; expanding certain funding eligibility criteria for 8
33	27		on–site sewage disposal systems and community sewerage systems; exempting 9
34	28		procurements by the Department of certain best available nitrogen removal 10
35	29		technologies for on–site sewage disposal systems from certain provisions of the 11
36	30		general procurement law; and generally relating to on–site sewage disposal systems. 12
37	31
38		-	BY repealing and reenacting, with ~~without~~ amendments, 13
	32	+	BY repealing and reenacting, with amendments, 13
39	33		Article – Environment 14
40		-	Section 9–1108.1 and 9–1605.2(h)(2) through (5) ~~Section 9–1605.2(a)(1) and (h)(1)~~ 15
	34	+	Section 9–1108.1 and 9–1605.2(h)(2) through (5) 15
41	35		Annotated Code of Maryland 16
42	36		(2014 Replacement Volume and 2024 Supplement) 17
43	37
44		-	BY repealing and reenacting, without ~~with~~ amendments, 18
	38	+	BY repealing and reenacting, without amendments, 18
45	39		Article – Environment 19
46		-	Section 9–1605.2(a)(1) and (h)(1) ~~9–1605.2(h)(2) through (5)~~ 20
	40	+	Section 9–1605.2(a)(1) and (h)(1) 20
47	41		Annotated Code of Maryland 21
48		-	(2014 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 131
	42	+	(2014 Replacement Volume and 2024 Supplement) 22
	43	+
	44	+	BY repealing and reenacting, with amendments, 23
	45	+	Article – State Finance and Procurement 24
	46	+	Section 11–203(a)(1)(xviii) and (xix) 25
	47	+	Annotated Code of Maryland 26
	48	+	(2021 Replacement Volume and 2024 Supplement) 27 2 HOUSE BILL 131
49	49
50	50
51	51
52		-	BY ~~repealing and reenacting, with amendments,~~ 1
	52	+	BY adding to 1
53	53		Article – State Finance and Procurement 2
54		-	Section 11–203(a)(1)(~~xviii) and (xix~~) 3
	54	+	Section 11–203(a)(1)(xx) 3
55	55		Annotated Code of Maryland 4
56	56		(2021 Replacement Volume and 2024 Supplement) 5
57	57
58		-	BY ~~adding to~~ 6
	58	+	BY repealing and reenacting, without amendments, 6
59	59		Article – State Finance and Procurement 7
60		-	Section 11–203(a)(1)(xx) 8
	60	+	Section 11–203(a)(2) and (3) 8
61	61		Annotated Code of Maryland 9
62	62		(2021 Replacement Volume and 2024 Supplement) 10
63	63
64		-	BY repealing and reenacting, without amendments, 11
65		-	Article – State Finance and Procurement 12
66		-	Section 11–203(a)(2) and (3) 13
67		-	Annotated Code of Maryland 14
68		-	(2021 Replacement Volume and 2024 Supplement) 15
	64	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
	65	+	That the Laws of Maryland read as follows: 12
69	66
70		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
71		-	That the Laws of Maryland read as follows: 17
	67	+	Article – Environment 13
72	68
73		-	~~Article – Environment 18~~
	69	+	9–1108.1. 14
74	70
75		-	~~9–1108.~~1. 19
	71	+	(a) (1) In this section the following words have the meanings indicated. 15
76	72
77		-	(a) (1) In this section the following words have the meanings indicated. 20
	73	+	(2) “Nitrogen removal technology” has the meaning stated in § 9–1108 of 16
	74	+	this subtitle. 17
78	75
79		-	(2) “~~Nitrogen removal technology~~” has the meaning stated in § 9–1108 ~~of 21~~
80		-	this subtitle. 22
	76	+	(3) “On–site sewage disposal system” has the meaning stated in § 9–1108 18
	77	+	of this subtitle. 19
81	78
82		-	(3) “~~On–site sewage disposal system~~” ~~has the meaning stated in § 9–1108 23~~
83		-	~~of this subtitle~~. 24
	79	+	(4) “Vendor” means a person that sells, offers for sale, or distributes 20
	80	+	on–site sewage disposal systems that utilize nitrogen removal technology. 21
84	81
85		-	(4) “Vendor” means a person that sells, offers for sale, or distributes 25
86		-	on–site sewage disposal systems that utilize nitrogen removal technology. 26
	82	+	(b) (1) In accordance with subsection (c) of this section, the Department shall 22
	83	+	evaluate and rank all best available nitrogen removal technologies for on–site sewage 23
	84	+	disposal systems to advise local governments and residents of the State of approved 24
	85	+	technologies that qualify for funding under § 9–1605.2(h)(2) of this title. 25
87	86
88		-	(b) (1) In accordance with subsection (c) of this section, the Department shall 27
89		-	evaluate and rank all best available nitrogen removal technologies for on–site sewage 28
90		-	disposal systems to advise local governments and residents of the State of approved 29
91		-	technologies that qualify for funding under § 9–1605.2(h)(2) of this title. 30
	87	+	(2) THE DEPARTMENT MAY USE TH E EVALUATION AND RA NKING 26
	88	+	UNDER PARAGRAPH (1) OF THIS SUBSECTION T O ESTABLISH PERFORMA NCE–BASED 27
	89	+	FUNDING LEVELS FOR E ACH BEST AVAILABLE N ITROGEN REMOVAL TECH NOLOGY 28
	90	+	FOR ON–SITE SEWAGE DISPOSAL SYSTEMS THAT QUALIFI ES FOR FUNDING UNDER § 29
	91	+	9–1605.2(H)(2) OF THIS TITLE. 30
92	92
93		-	(2) THE DEPARTMENT MAY USE TH E EVALUATION AND RAN KING 31
94		-	UNDER PARAGRAPH (1) OF THIS SUBSECTION TO ESTABLIS H PERFORMANCE –BASED 32
95		-	FUNDING LEVELS FOR E ACH BEST AVAILABLE N ITROGEN REMOVAL TECH NOLOGY 33
96		-	FOR ON–SITE SEWAGE DISPOSAL SYSTEMS THAT QUALIFI ES FOR FUNDING UNDER § 34
97		-	9–1605.2(H)(2) OF THIS TITLE. 35 HOUSE BILL 131 3
	93	+	(3) The Department shall: 31
	94	+	HOUSE BILL 131 3
	95	+
	96	+
	97	+	(i) Make available the evaluation [and], ranking, AND ELIGIBLE 1
	98	+	FUNDING LEVELS of all best available nitrogen removal technologies required under this 2
	99	+	section on the Department’s [Web site] WEBSITE; and 3
	100	+
	101	+	(ii) Provide the evaluation [and], ranking, AND ELIGIBLE 4
	102	+	FUNDING LEVELS of all best available nitrogen removal technologies to a county, 5
	103	+	municipality, or resident of the State in any correspondence relating to approved 6
	104	+	technologies that qualify for funding under § 9–1605.2(h)(2) of this title. 7
	105	+
	106	+	(c) The Department shall evaluate and rank all best available nitrogen removal 8
	107	+	technologies for on–site sewage disposal systems based on: 9
	108	+
	109	+	(1) The total amount of nitrogen reduction the technology can achieve; 10
	110	+
	111	+	(2) The total cost of the technology, including the estimated annual cost of 11
	112	+	operation and maintenance, including electricity costs; 12
	113	+
	114	+	(3) The cost per pound of the nitrogen reduction; and 13
	115	+
	116	+	(4) Any other information the Department determines is necessary. 14
	117	+
	118	+	(d) Beginning June 1, 2011, and every 2 years thereafter, the Department shall 15
	119	+	request information from vendors necessary to carry out the requirements of this section. 16
	120	+
	121	+	9–1605.2. 17
	122	+
	123	+	(a) (1) There is a Bay Restoration Fund. 18
	124	+
	125	+	(h) (1) With regard to the funds collected under subsection (b)(1)(i)1 of this 19
	126	+	section from users of an on–site sewage disposal system or holding tank that receive a water 20
	127	+	bill and subsection (b)(1)(i)2 and 3 of this section, beginning in fiscal year 2006, the 21
	128	+	Comptroller shall: 22
	129	+
	130	+	(i) Establish a separate account within the Bay Restoration Fund; 23
	131	+	and 24
	132	+
	133	+	(ii) Disburse the funds as provided under paragraph (2) of this 25
	134	+	subsection. 26
	135	+
	136	+	(2) The Comptroller shall: 27
	137	+
	138	+	(i) Deposit 60% of the funds in the separate account to be used for: 28
	139	+
	140	+	1. Subject to paragraphs (3), (4), (5), and (6) of this 29
	141	+	subsection, with priority first given to failing systems and holding tanks located in the 30
	142	+	Chesapeake and Atlantic Coastal Bays Critical Area [and then], SECOND to failing 31 4 HOUSE BILL 131
	143	+
	144	+
	145	+	systems that ARE LOCATED WITHIN T HE WATERSHED OF A NITROGEN–IMPAIRED 1
	146	+	BODY OF WATER , AND THIRD TO FAILING SYSTEMS THAT the Department determines 2
	147	+	are a threat to public health or water quality, grants or loans for up to 100% of: 3
	148	+
	149	+	A. The costs attributable to upgrading an on–site sewage 4
	150	+	disposal system to the best available technology for the removal of nitrogen; 5
	151	+
	152	+	B. The cost difference between a conventional on–site sewage 6
	153	+	disposal system and a system that utilizes the best available technology for the removal of 7
	154	+	nitrogen; 8
	155	+
	156	+	C. The cost of repairing or replacing a failing on–site sewage 9
	157	+	disposal system with a system that uses the best available technology for nitrogen removal; 10
	158	+
	159	+	D. The cost, up to the sum of the costs authorized under item 11
	160	+	B of this item for each individual system, of replacing multiple on–site sewage disposal 12
	161	+	systems located in the same community with a new community sewerage system that is 13
	162	+	owned by a local government and that meets enhanced nutrient removal standards; or 14
	163	+
	164	+	E. The cost, up to the sum of the costs authorized under item 15
	165	+	C of this item for each individual system, of connecting a property using an on–site sewage 16
	166	+	disposal system to an existing municipal wastewater facility that is achieving, or has signed 17
	167	+	a funding agreement with the Department and is under construction to achieve, enhanced 18
	168	+	nutrient removal or biological nutrient removal level treatment, including payment of the 19
	169	+	principal, but not interest, of debt issued by a local government for such connection costs; 20
	170	+
	171	+	2. The reasonable costs of the Department, not to exceed 8% 21
	172	+	of the funds deposited into the separate account, to: 22
	173	+
	174	+	A. Implement an education, outreach, and upgrade program 23
	175	+	to advise owners of on–site sewage disposal systems and holding tanks on the proper 24
	176	+	maintenance of the systems and tanks and the availability of grants and loans under item 25
	177	+	1 of this item; 26
	178	+
	179	+	B. Review and approve the design and construction of on–site 27
	180	+	sewage disposal system or holding tank upgrades; 28
	181	+
	182	+	C. Issue grants or loans as provided under item 1 of this item; 29
	183	+	and 30
	184	+
	185	+	D. Provide technical support for owners of upgraded 31
	186	+	on–site sewage disposal systems or holding tanks to operate and maintain the upgraded 32
	187	+	systems; 33
	188	+
	189	+	3. A portion of the reasonable costs of a local public entity 34
	190	+	that has been delegated by the Department under § 1–301(b) of this article to administer 35
	191	+	and enforce environmental laws, not to exceed 10% of the funds deposited into the separate 36 HOUSE BILL 131 5
	192	+
	193	+
	194	+	account, to implement regulations adopted by the Department for on–site sewage disposal 1
	195	+	systems that utilize the best available technology for the removal of nitrogen; 2
	196	+
	197	+	4. Subject to paragraph (7) of this subsection, financial 3
	198	+	assistance to low–income homeowners, as defined by the Department, for up to 50% of the 4
	199	+	cost of an operation and maintenance contract of up to 5 years for an on–site sewage 5
	200	+	disposal system that utilizes nitrogen removal technology; 6
	201	+
	202	+	5. Subject to paragraph (8) of this subsection, a local 7
	203	+	jurisdiction to provide financial assistance to eligible homeowners for the reasonable cost 8
	204	+	of pumping out an on–site sewage disposal system, at least once every 5 years, unless a 9
	205	+	more frequent pump out schedule is recommended during an inspection, not to exceed 10% 10
	206	+	of the funds allocated to the local jurisdiction; and 11
	207	+
	208	+	6. In fiscal years 2020 and 2021, financial assistance to a 12
	209	+	local jurisdiction for the development of a septic stewardship plan that meets the 13
	210	+	requirements under paragraph (8)(iii)2 of this subsection; and 14
	211	+
	212	+	(ii) Transfer 40% of the funds to the Maryland Agriculture Water 15
	213	+	Quality Cost Share Program in the Department of Agriculture in order to fund cover crop 16
	214	+	activities. 17
	215	+
	216	+	(3) Funding for the costs identified in paragraph (2)(i)1 of this subsection 18
	217	+	shall be provided in the following order of priority: 19
	218	+
	219	+	(i) For owners of all levels of income, the costs identified in 20
	220	+	paragraph (2)(i)1A and B of this subsection; and 21
	221	+
	222	+	(ii) For [low–income] LOW– AND MODERATE –INCOME owners, as 22
	223	+	defined by the Department, the costs identified in paragraph (2)(i)1C of this subsection: 23
	224	+
	225	+	1. First, for best available technologies for nitrogen removal; 24
	226	+	and 25
	227	+
	228	+	2. Second, for other wastewater treatment systems. 26
	229	+
	230	+	(4) Funding for the costs identified in paragraph (2)(i)1D of this subsection 27
	231	+	may be provided if: 28
	232	+
	233	+	(i) The environmental impact of the on–site sewage disposal system 29
	234	+	is documented by the local government and confirmed by the Department; 30
	235	+
	236	+	(ii) It can be demonstrated that: 31
	237	+
	238	+	1. The replacement of the on–site sewage disposal system 32
	239	+	with a new community sewerage system is more cost effective for nitrogen removal than 33
	240	+	upgrading each individual on–site sewage disposal system; or 34 6 HOUSE BILL 131
98	241
99	242
100	243
101		-	(3) The Department shall: 1
	244	+	2. The individual replacement of the on–site sewage disposal 1
	245	+	system is not feasible; and 2
102	246
103		-	(i) Make available the evaluation [and], ranking, AND ELIGIBLE 2
104		-	FUNDING LEVELS of all best available nitrogen removal technologies required under this 3
105		-	section on the Department’s [Web site] WEBSITE; and 4
	247	+	(iii) The new community sewerage system will only serve lots that 3
	248	+	have received a certificate of occupancy, or equivalent certificate, [on or before October 1, 4
	249	+	2008] AT LEAST 15 YEARS BEFORE JULY 1 OF THE YEAR IN WHICH THE APPLICATION 5
	250	+	FOR FUNDING IS MADE . 6
106	251
107		-	(ii) Provide the evaluation [and], ranking, AND ELIGIB LE 5
108		-	FUNDING LEVELS of all best available nitrogen removal technologies to a county, 6
109		-	municipality, or resident of the State in any correspondence relating to approved 7
110		-	technologies that qualify for funding under § 9–1605.2(h)(2) of this title. 8
	252	+	(5) Funding for the costs identified in paragraph (2)(i)1E of this subsection 7
	253	+	may be provided only if all of the following conditions are met: 8
111	254
112		-	(c) The ~~Department shall evaluate and rank all best available nitrogen removal~~ 9
113		-	~~technologies for on–site sewage disposal systems based on:~~ 10
	255	+	(i) The environmental impact of the on–site sewage disposal system 9
	256	+	is documented by the local government and confirmed by the Department; 10
114	257
115		-	(1) ~~The total amount of nitrogen reduction the technology~~ can ~~achieve;~~ 11
	258	+	(ii) It can be demonstrated that: 11
116	259
117		-	(2) The total cost of the technology, including the estimated annual cost of 12
118		-	operation and maintenance, including electricity costs; 13
	260	+	1. The replacement of the on–site sewage disposal system 12
	261	+	with service to an existing municipal wastewater facility that is achieving, or has signed a 13
	262	+	funding agreement with the Department and is under construction to achieve, enhanced 14
	263	+	nutrient removal or biological nutrient removal level treatment is more cost–effective for 15
	264	+	nitrogen removal than upgrading the individual on–site sewage disposal system; or 16
119	265
120		-	(3) The cost per pound of the nitrogen reduction; and 14
	266	+	2. The individual replacement of the on–site sewage disposal 17
	267	+	system is not feasible; 18
121	268
122		-	(4) Any other information the Department determines is necessary. 15
	269	+	(iii) The project is consistent with the county’s comprehensive plan 19
	270	+	and water and sewer master plan; 20
123	271
124		-	(d) Beginning June 1, 2011, and every 2 years thereafter, the Department shall 16
125		-	request information from vendors necessary to carry out the requirements of this section. 17
	272	+	(iv) 1. The on–site sewage disposal system was installed [as of 21
	273	+	October 1, 2008] AT LEAST 15 YEARS BEFORE JULY 1 OF THE YEAR IN WHICH THE 22
	274	+	APPLICATION FOR FUND ING IS MADE, and the property the system serves is located in a 23
	275	+	priority funding area, in accordance with § 5–7B–02 of the State Finance and Procurement 24
	276	+	Article; or 25
126	277
127		-	9–1605.2. 18
	278	+	2. The on–site sewage disposal system was installed [as of 26
	279	+	October 1, 2008] AT LEAST 15 YEARS BEFORE JULY 1 OF THE YEAR IN WHICH THE 27
	280	+	APPLICATION FOR FUND ING IS MADE, the property the system serves is not located in a 28
	281	+	priority funding area, and the project meets the requirements under § 5–7B–06 of the State 29
	282	+	Finance and Procurement Article and is consistent with a public health area of concern: 30
128	283
129		-	~~(a) (1) There is~~ a ~~Bay Restoration Fund~~. 19
	284	+	A. Identified in the county water and sewer plan; or 31
130	285
131		-	(h) (1) With regard to the funds collected under subsection (b)(1)(i)1 of this 20
132		-	section from users of an on–site sewage disposal system or holding tank that receive a water 21
133		-	bill and subsection (b)(1)(i)2 and 3 of this section, beginning in fiscal year 2006, the 22
134		-	Comptroller shall: 23
135		-
136		-	(i) Establish a separate account within the Bay Restoration Fund; 24
137		-	and 25
138		-
139		-	(ii) Disburse the funds as provided under paragraph (2) of this 26
140		-	subsection. 27
141		-
142		-	(2) The Comptroller shall: 28
143		-
144		-	(i) Deposit 60% of the funds in the separate account to be used for: 29
145		-	4 HOUSE BILL 131
	286	+	B. Certified by a county environmental health director with 32
	287	+	concurrence by the Department and, if funding is approved, subsequently added to the 33
	288	+	county water and sewer plan within a time frame jointly agreed on by the Department and 34 HOUSE BILL 131 7
146	289
147	290
148		-	1. Subject to paragraphs (3), (4), (5), and (6) of this 1
149		-	subsection, with priority first given to failing systems and holding tanks located in the 2
150		-	Chesapeake and Atlantic Coastal Bays Critical Area [and then], SECOND to failing 3
151		-	systems that ARE LOCATED WITHIN THE WATERSHED OF A N ITROGEN–IMPAIRED 4
152		-	BODY OF WATER, AND THIRD A MARYLAND CHESAPEAKE BAY 8–DIGIT WATERSHED 5
153		-	THAT HAS A RELATIVE EFFECTIVENESS FOR TO TAL NITROGEN REDUCTI ON OF 9.24 6
154		-	OR HIGHER BASED ON T HE CHESAPEAKE BAY WATERSHED MODEL , THIRD TO 7
155		-	FAILING SYSTEMS THAT ARE LOCATED WITHIN T HE 500–YEAR FLOODP LAIN, AND 8
156		-	FOURTH TO FAILING SYSTEMS T HAT the Department determines are a threat to public 9
157		-	health or water quality, grants or loans for up to 100% of: 10
	291	+	the county that takes into consideration the county’s water and sewer plan update and 1
	292	+	amendment process; and 2
158	293
159		-	A. The ~~costs attributable to upgrading an on–site sewage 11~~
160		-	~~disposal system~~ to ~~the best available technology for the removal of nitrogen; 12~~
	294	+	(v) The funding agreement for a project that meets the conditions for 3
	295	+	funding under subparagraph (iv)2 of this paragraph includes provisions to ensure: 4
161	296
162		-	B. The cost difference between a conventional on–site sewage 13
163		-	disposal system and a system that utilizes the best available technology for the removal of 14
164		-	nitrogen; 15
	297	+	1. Denial of access for any future connections that are not 5
	298	+	included in the project’s proposed service area; and 6
165	299
166		-	C. The cost of repairing or replacing a failing on–site sewage 16
167		-	disposal system with a system that uses the best available technology for nitrogen removal; 17
	300	+	2. That the project will not unduly impede access to funding 7
	301	+	for upgrading individual on–site sewage disposal systems in the county with best available 8
	302	+	technology for nitrogen removal. 9
168	303
169		-	D. The cost, up to the sum of the costs authorized under item 18
170		-	B of this item for each individual system, of replacing multiple on–site sewage disposal 19
171		-	systems located in the same community with a new community sewerage system that is 20
172		-	owned by a local government and that meets enhanced nutrient removal standards; or 21
	304	+	Article – State Finance and Procurement 10
173	305
174		-	E. The cost, up to the sum of the costs authorized under item 22
175		-	C of this item for each individual system, of connecting a property using an on–site sewage 23
176		-	disposal system to an existing municipal wastewater facility that is achieving, or has signed 24
177		-	a funding agreement with the Department and is under construction to achieve, enhanced 25
178		-	nutrient removal or biological nutrient removal level treatment, including payment of the 26
179		-	principal, but not interest, of debt issued by a local government for such connection costs; 27
	306	+	11–203. 11
180	307
181		-	~~2. The reasonable costs~~ of ~~the Department~~, not ~~to exceed 8% 28~~
182		-	~~of the funds deposited into the separate account,~~ to: 29
	308	+	(a) Except as provided in subsection (b) of this section, this Division II does not 12
	309	+	apply to: 13
183	310
184		-	A. Implement an education, outreach, and upgrade program 30
185		-	to advise owners of on–site sewage disposal systems and holding tanks on the proper 31
186		-	maintenance of the systems and tanks and the availability of grants and loans under item 32
187		-	1 of this item; 33
	311	+	(1) procurement by: 14
188	312
189		-	B. Review and approve the design and construction of on–site 34
190		-	sewage disposal system or holding tank upgrades; 35
	313	+	(xviii) the Department of Natural Resources, for negotiating or entering 15
	314	+	into grants, agreements, or partnerships with nonprofit entities related to conservation 16
	315	+	service opportunities; [and] 17
191	316
192		-	~~C. Issue grants or loans as provided under item 1 of this item; 36~~
193		-	and 37 ~~HOUSE BILL 131~~ 5
	317	+	(xix) the State Archives for preservation, conservation, proper care, 18
	318	+	restoration, and transportation of fine art or decorative art that is: 19
194	319
	320	+	1. in the custody of the Commission on Artistic Property; and 20
195	321
	322	+	2. owned by or loaned to the State; AND 21
196	323
197		-	D. Provide technical support for owners of upgraded 1
198		-	on–site sewage disposal systems or holding tanks to operate and maintain the upgraded 2
199		-	systems; 3
	324	+	(XX) THE DEPARTMENT OF THE ENVIRONMENT FOR BEST 22
	325	+	AVAILABLE NITROGEN R EMOVAL TECHNOLOGIES FOR ON–SITE SEWAGE DISPOSAL 23
	326	+	SYSTEMS THAT QUALIFY FOR FUNDING UNDER § 9–1605(H)(2) OF THE 24
	327	+	ENVIRONMENT ARTICLE, INCLUDING: 25
200	328
201		-	3. A portion of the reasonable costs of a local public entity 4
202		-	that has been delegated by the Department under § 1–301(b) of this article to administer 5
203		-	and enforce environmental laws, not to exceed 10% of the funds deposited into the separate 6
204		-	account, to implement regulations adopted by the Department for on–site sewage disposal 7
205		-	systems that utilize the best available technology for the removal of nitrogen; 8
	329	+	1. REQUESTING INFORMATI ON FROM VENDORS ; 26
206	330
207		-	4. Subject to paragraph (7) of this subsection, financial 9
208		-	assistance to low–income homeowners, as defined by the Department, for up to 50% of the 10
209		-	cost of an operation and maintenance contract of up to 5 years for an on–site sewage 11
210		-	disposal system that utilizes nitrogen removal technology; 12
	331	+	2. RANKING AND EVALUATI NG BEST AVAILABLE 27
	332	+	TECHNOLOGIES ; AND 28
211	333
212		-	5. Subject to paragraph (8) of this subsection, a local 13
213		-	jurisdiction to provide financial assistance to eligible homeowners for the reasonable cost 14
214		-	of pumping out an on–site sewage disposal system, at least once every 5 years, unless a 15
215		-	more frequent pump out schedule is recommended during an inspection, not to exceed 10% 16
216		-	of the funds allocated to the local jurisdiction; and 17
217		-
218		-	6. In fiscal years 2020 and 2021, financial assistance to a 18
219		-	local jurisdiction for the development of a septic stewardship plan that meets the 19
220		-	requirements under paragraph (8)(iii)2 of this subsection; and 20
221		-
222		-	(ii) Transfer 40% of the funds to the Maryland Agriculture Water 21
223		-	Quality Cost Share Program in the Department of Agriculture in order to fund cover crop 22
224		-	activities. 23
225		-
226		-	(3) Funding for the costs identified in paragraph (2)(i)1 of this subsection 24
227		-	shall be provided in the following order of priority: 25
228		-
229		-	(i) For owners of all levels of income, the costs identified in 26
230		-	paragraph (2)(i)1A and B of this subsection; and 27
231		-
232		-	(ii) For [low–income] LOW– AND MODERATE –INCOME owners, as 28
233		-	defined by the Department, the costs identified in paragraph (2)(i)1C of this subsection: 29
234		-
235		-	1. First, for best available technologies for nitrogen removal; 30
236		-	and 31
237		-
238		-	2. Second, for other wastewater treatment systems. 32
239		-
240		-	(4) Funding for the costs identified in paragraph (2)(i)1D of this subsection 33
241		-	may be provided if: 34
242		-	6 HOUSE BILL 131
243		-
244		-
245		-	(i) The environmental impact of the on–site sewage disposal system 1
246		-	is documented by the local government and confirmed by the Department; 2
247		-
248		-	(ii) It can be demonstrated that: 3
249		-
250		-	1. The replacement of the on–site sewage disposal system 4
251		-	with a new community sewerage system is more cost effective for nitrogen removal than 5
252		-	upgrading each individual on–site sewage disposal system; or 6
253		-
254		-	2. The individual replacement of the on–site sewage disposal 7
255		-	system is not feasible; and 8
256		-
257		-	(iii) The new community sewerage system will only serve lots that 9
258		-	have received a certificate of occupancy, or equivalent certificate, [on or before October 1, 10
259		-	2008] AT LEAST 15 YEARS BEFORE JULY 1 OF THE YEAR IN WHICH THE APPLICATION 11
260		-	FOR FUNDING IS MADE . 12
261		-
262		-	(5) Funding for the costs identified in paragraph (2)(i)1E of this subsection 13
263		-	may be provided only if all of the following conditions are met: 14
264		-
265		-	(i) The environmental impact of the on–site sewage disposal system 15
266		-	is documented by the local government and confirmed by the Department; 16
267		-
268		-	(ii) It can be demonstrated that: 17
269		-
270		-	1. The replacement of the on–site sewage disposal system 18
271		-	with service to an existing municipal wastewater facility that is achieving, or has signed a 19
272		-	funding agreement with the Department and is under construction to achieve, enhanced 20
273		-	nutrient removal or biological nutrient removal level treatment is more cost–effective for 21
274		-	nitrogen removal than upgrading the individual on–site sewage disposal system; or 22
275		-
276		-	2. The individual replacement of the on–site sewage disposal 23
277		-	system is not feasible; 24
278		-
279		-	(iii) The project is consistent with the county’s comprehensive plan 25
280		-	and water and sewer master plan; 26
281		-
282		-	(iv) 1. The on–site sewage disposal system was installed [as of 27
283		-	October 1, 2008] AT LEAST 15 YEARS BEFORE JULY 1 OF THE YEAR IN WHICH THE 28
284		-	APPLICATION FOR FUND ING IS MADE, and the property the system serves is located in a 29
285		-	priority funding area, in accordance with § 5–7B–02 of the State Finance and Procurement 30
286		-	Article; or 31
287		-
288		-	2. The on–site sewage disposal system was installed [as of 32
289		-	October 1, 2008] AT LEAST 15 YEARS BEFO RE JULY 1 OF THE YEAR IN WHICH THE 33
290		-	APPLICATION FOR FUND ING IS MADE, the property the system serves is not located in a 34 HOUSE BILL 131 7
291		-
292		-
293		-	priority funding area, and the project meets the requirements under § 5–7B–06 of the State 1
294		-	Finance and Procurement Article and is consistent with a public health area of concern: 2
295		-
296		-	A. Identified in the county water and sewer plan; or 3
297		-
298		-	B. Certified by a county environmental health director with 4
299		-	concurrence by the Department and, if funding is approved, subsequently added to the 5
300		-	county water and sewer plan within a time frame jointly agreed on by the Department and 6
301		-	the county that takes into consideration the county’s water and sewer plan update and 7
302		-	amendment process; and 8
303		-
304		-	(v) The funding agreement for a project that meets the conditions for 9
305		-	funding under subparagraph (iv)2 of this paragraph includes provisions to ensure: 10
306		-
307		-	1. Denial of access for any future connections that are not 11
308		-	included in the project’s proposed service area; and 12
309		-
310		-	2. That the project will not unduly impede access to funding 13
311		-	for upgrading individual on–site sewage disposal systems in the county with best available 14
312		-	technology for nitrogen removal. 15
313		-
314		-	Article – State Finance and Procurement 16
315		-
316		-	11–203. 17
317		-
318		-	(a) Except as provided in subsection (b) of this section, this Division II does not 18
319		-	apply to: 19
320		-
321		-	(1) procurement by: 20
322		-
323		-	(xviii) the Department of Natural Resources, for negotiating or entering 21
324		-	into grants, agreements, or partnerships with nonprofit entities related to conservation 22
325		-	service opportunities; [and] 23
326		-
327		-	(xix) the State Archives for preservation, conservation, proper care, 24
328		-	restoration, and transportation of fine art or decorative art that is: 25
329		-
330		-	1. in the custody of the Commission on Artistic Property; and 26
331		-
332		-	2. owned by or loaned to the State; AND 27
333		-
334		-	(XX) THE DEPARTMENT OF THE ENVIRONMENT FOR BEST 28
335		-	AVAILABLE NITROGEN R EMOVAL TECHNOLOGIES FOR ON–SITE SEWAGE DISPOSAL 29
336		-	SYSTEMS THAT QUALIFY FOR FUNDING UNDER § 9–1605(H)(2) OF THE 30
337		-	ENVIRONMENT ARTICLE, INCLUDING: 31
	334	+	3. ESTABLISHING PERFORM ANCE–BASED FUNDING 29
	335	+	LEVELS AS PROVIDED I N § 9–1108.1 OF THE ENVIRONMENT ARTICLE; 30
338	336		8 HOUSE BILL 131
339	337
340	338
341		-	~~1. REQUESTING INFORMATI ON~~ FROM ~~VENDORS ;~~ 1
	339	+	(2) procurement by a unit from: 1
342	340
343		-	2. RANKING AND EVALUATI NG BEST AVAILABLE 2
344		-	TECHNOLOGIES ; AND 3
	341	+	(i) another unit; 2
345	342
346		-	3. ESTABLISHING PERFORM ANCE–BASED FUNDING 4
347		-	LEVELS AS PROVIDED I N § 9–1108.1 OF THE ENVIRONMENT ARTICLE; 5
	343	+	(ii) a political subdivision of the State; 3
348	344
349		-	(2) ~~procurement by~~ a ~~unit from:~~ 6
	345	+	(iii) an agency of a political subdivision of the State; 4
350	346
351		-	(i) another unit; 7
	347	+	(iv) a government, including the government of another state, of the 5
	348	+	United States, or of another country; 6
352	349
353		-	(ii) a political subdivision of ~~the State~~; 8
	350	+	(v) an agency or political subdivision of a government; or 7
354	351
355		-	(iii) an agency of a political subdivision of the State; 9
	352	+	(vi) a bistate, multistate, bicounty, or multicounty governmental 8
	353	+	agency; or 9
356	354
357		-	(iv) a government, including the government of another state, of the 10
358		-	United States, or of another country; 11
	355	+	(3) procurement in support of enterprise activities for the purpose of: 10
359	356
360		-	(v) ~~an agency or political subdivision of a government~~; or 12
	357	+	(i) direct resale; or 11
361	358
362		-	(vi) a bistate, multistate, bicounty, or multicounty governmental 13
363		-	agency; or 14
	359	+	(ii) remanufacture and subsequent resale. 12
364	360
365		-	(3) procurement in support of enterprise activities for the purpose of: 15
366		-
367		-	(i) direct resale; or 16
368		-
369		-	(ii) remanufacture and subsequent resale. 17
370		-
371		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18
372		-	1, 2026. 19
	361	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
	362	+	1, 2026. 14
373	363
374	364
375		-
376		-
377		-
378		-
379		-	Approved:
380		-	________________________________________________________________________________
381		-	Governor.
382		-	________________________________________________________________________________
383		-	Speaker of the House of Delegates.
384		-	________________________________________________________________________________
385		-	President of the Senate.