Maryland 2025 Regular Session

Maryland House Bill HB24 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0024
6	6
7	7	HOUSE BILL 24
8	8	M3 5lr1145
9	9	(PRE–FILED)
10	10	By: Delegates Nawrocki and Szeliga
11	11	Requested: October 8, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Bay Restoration Fund – Authorized Uses – Connection to Existing Municipal 2
20	20	Wastewater Facility 3
21	21
22	22	FOR the purpose of altering the authorized uses of a certain account of the Bay Restoration 4
23	23	Fund to include the cost of connecting certain property using an on–site sewage 5
24	24	disposal system to an existing municipal wastewater facility under certain 6
25	25	circumstances; and generally relating to authorized uses of the Bay Restoration 7
26	26	Fund. 8
27	27
28	28	BY repealing and reenacting, with amendments, 9
29	29	Article – Environment 10
30	30	Section 9–1605.2(h) 11
31	31	Annotated Code of Maryland 12
32	32	(2014 Replacement Volume and 2024 Supplement) 13
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
35	35	That the Laws of Maryland read as follows: 15
36	36
37	37	Article – Environment 16
38	38
39	39	9–1605.2. 17
40	40
41	41	(h) (1) With regard to the funds collected under subsection (b)(1)(i)1 of this 18
42	42	section from users of an on–site sewage disposal system or holding tank that receive a water 19
43	43	bill and subsection (b)(1)(i)2 and 3 of this section, beginning in fiscal year 2006, the 20
44	44	Comptroller shall: 21
45	45
46	46	(i) Establish a separate account within the Bay Restoration Fund; 22
47	47	and 23
48	48	2 HOUSE BILL 24
49	49
50	50
51	51	(ii) Disburse the funds as provided under paragraph (2) of this 1
52	52	subsection. 2
53	53
54	54	(2) The Comptroller shall: 3
55	55
56	56	(i) Deposit 60% of the funds in the separate account to be used for: 4
57	57
58	58	1. Subject to paragraphs (3), (4), (5), [and] (6), AND (7) of 5
59	59	this subsection, with priority first given to failing systems and holding tanks located in the 6
60	60	Chesapeake and Atlantic Coastal Bays Critical Area and then to failing systems that the 7
61	61	Department determines are a threat to public health or water quality, grants or loans for 8
62	62	up to 100% of: 9
63	63
64	64	A. The costs attributable to upgrading an on–site sewage 10
65	65	disposal system to the best available technology for the removal of nitrogen; 11
66	66
67	67	B. The cost difference between a conventional on–site sewage 12
68	68	disposal system and a system that utilizes the best available technology for the removal of 13
69	69	nitrogen; 14
70	70
71	71	C. The cost of repairing or replacing a failing on–site sewage 15
72	72	disposal system with a system that uses the best available technology for nitrogen removal; 16
73	73
74	74	D. The cost, up to the sum of the costs authorized under item 17
75	75	B of this item for each individual system, of replacing multiple on–site sewage disposal 18
76	76	systems located in the same community with a new community sewerage system that is 19
77	77	owned by a local government and that meets enhanced nutrient removal standards; [or] 20
78	78
79	79	E. The cost, up to the sum of the costs authorized under item 21
80	80	C of this item for each individual system, of connecting a property using an on–site sewage 22
81	81	disposal system to an existing municipal wastewater facility that is achieving enhanced 23
82	82	nutrient removal or biological nutrient removal level treatment, including payment of the 24
83	83	principal, but not interest, of debt issued by a local government for such connection costs; 25
84	84	OR 26
85	85
86	86	F. SUBJECT TO PARAGRAPH (6) OF THIS SUBSECTION , 27
87	87	THE COST OF CONNECTING A PROPERTY IN A LOW –INCOME AREA , AS DEFINED BY 28
88	88	THE DEPARTMENT , THAT IS USING AN ON –SITE SEWAGE DISPOSAL SYSTEM TO AN 29
89	89	EXISTING MUNICIPAL W ASTEWATER FACILITY , REGARDLESS OF THE LE VEL OF 30
90	90	NUTRIENT R EMOVAL OR BIOLOGICAL NUTRIENT LEVEL TREAT MENT, INCLUDING 31
91	91	PAYMENT OF THE PRINC IPAL, BUT NOT INTEREST , OF DEBT ISSUED BY A LOCAL 32
92	92	GOVERNMENT FOR SUCH CONNECTION COSTS ; 33
93	93
94	94	2. The reasonable costs of the Department, not to exceed 8% 34
95	95	of the funds deposited into the separate account, to: 35
96	96	HOUSE BILL 24 3
97	97
98	98
99	99	A. Implement an education, outreach, and upgrade program 1
100	100	to advise owners of on–site sewage disposal systems and holding tanks on the proper 2
101	101	maintenance of the systems and tanks and the availability of grants and loans under item 3
102	102	1 of this item; 4
103	103
104	104	B. Review and approve the design and construction of on–site 5
105	105	sewage disposal system or holding tank upgrades; 6
106	106
107	107	C. Issue grants or loans as provided under item 1 of this item; 7
108	108	and 8
109	109
110	110	D. Provide technical support for owners of upgraded on–site 9
111	111	sewage disposal systems or holding tanks to operate and maintain the upgraded systems; 10
112	112
113	113	3. A portion of the reasonable costs of a local public entity 11
114	114	that has been delegated by the Department under § 1–301(b) of this article to administer 12
115	115	and enforce environmental laws, not to exceed 10% of the funds deposited into the separate 13
116	116	account, to implement regulations adopted by the Department for on–site sewage disposal 14
117	117	systems that utilize the best available technology for the removal of nitrogen; 15
118	118
119	119	4. Subject to paragraph [(7)] (8) of this subsection, financial 16
120	120	assistance to low–income homeowners, as defined by the Department, for up to 50% of the 17
121	121	cost of an operation and maintenance contract of up to 5 years for an on–site sewage 18
122	122	disposal system that utilizes nitrogen removal technology; 19
123	123
124	124	5. Subject to paragraph [(8)] (9) of this subsection, a local 20
125	125	jurisdiction to provide financial assistance to eligible homeowners for the reasonable cost 21
126	126	of pumping out an on–site sewage disposal system, at least once every 5 years, unless a 22
127	127	more frequent pump out schedule is recommended during an inspection, not to exceed 10% 23
128	128	of the funds allocated to the local jurisdiction; and 24
129	129
130	130	6. In fiscal years 2020 and 2021, financial assistance to a 25
131	131	local jurisdiction for the development of a septic stewardship plan that meets the 26
132	132	requirements under paragraph [(8)(iii)2] (9)(III)2 of this subsection; and 27
133	133
134	134	(ii) Transfer 40% of the funds to the Maryland Agriculture Water 28
135	135	Quality Cost Share Program in the Department of Agriculture in order to fund cover crop 29
136	136	activities. 30
137	137
138	138	(3) Funding for the costs identified in paragraph (2)(i)1 of this subsection 31
139	139	shall be provided in the following order of priority: 32
140	140
141	141	(i) For owners of all levels of income, the costs identified in 33
142	142	paragraph (2)(i)1A and B of this subsection; [and] 34
143	143
144	144	(ii) For low–income owners, as defined by the Department, the costs 35
145	145	identified in paragraph (2)(i)1C of this subsection: 36 4 HOUSE BILL 24
146	146
147	147
148	148
149	149	1. First, for best available technologies for nitrogen removal; 1
150	150	and 2
151	151
152	152	2. Second, for other wastewater treatment systems; AND 3
153	153
154	154	(III) FOR OWNERS WITH A HOU SEHOLD INCOME UP TO $300,000 4
155	155	PER YEAR, THE COSTS IDENTIFIED IN PARAGRAPH (2)(I)1F OF THIS SUBSECTION . 5
156	156
157	157	(4) Funding for the costs identified in paragraph (2)(i)1D of this subsection 6
158	158	may be provided if: 7
159	159
160	160	(i) The environmental impact of the on–site sewage disposal system 8
161	161	is documented by the local government and confirmed by the Department; 9
162	162
163	163	(ii) It can be demonstrated that: 10
164	164
165	165	1. The replacement of the on–site sewage disposal system 11
166	166	with a new community sewerage system is more cost effective for nitrogen removal than 12
167	167	upgrading each individual on–site sewage disposal system; or 13
168	168
169	169	2. The individual replacement of the on–site sewage disposal 14
170	170	system is not feasible; and 15
171	171
172	172	(iii) The new community sewerage system will only serve lots that 16
173	173	have received a certificate of occupancy, or equivalent certificate, on or before October 1, 17
174	174	2008. 18
175	175
176	176	(5) Funding for the costs identified in paragraph (2)(i)1E of this subsection 19
177	177	may be provided only if all of the following conditions are met: 20
178	178
179	179	(i) The environmental impact of the on–site sewage disposal system 21
180	180	is documented by the local government and confirmed by the Department; 22
181	181
182	182	(ii) It can be demonstrated that: 23
183	183
184	184	1. The replacement of the on–site sewage disposal system 24
185	185	with service to an existing municipal wastewater facility that is achieving, or has signed a 25
186	186	funding agreement with the Department and is under construction to achieve, enhanced 26
187	187	nutrient removal or biological nutrient removal level treatment is more cost–effective for 27
188	188	nitrogen removal than upgrading the individual on–site sewage disposal system; or 28
189	189
190	190	2. The individual replacement of the on–site sewage disposal 29
191	191	system is not feasible; 30
192	192
193	193	(iii) The project is consistent with the county’s comprehensive plan 31
194	194	and water and sewer master plan; 32 HOUSE BILL 24 5
195	195
196	196
197	197
198	198	(iv) 1. The on–site sewage disposal system was installed as of 1
199	199	October 1, 2008, and the property the system serves is located in a priority funding area, 2
200	200	in accordance with § 5–7B–02 of the State Finance and Procurement Article; or 3
201	201
202	202	2. The on–site sewage disposal system was installed as of 4
203	203	October 1, 2008, the property the system serves is not located in a priority funding area, 5
204	204	and the project meets the requirements under § 5–7B–06 of the State Finance and 6
205	205	Procurement Article and is consistent with a public health area of concern: 7
206	206
207	207	A. Identified in the county water and sewer plan; or 8
208	208
209	209	B. Certified by a county environmental health director with 9
210	210	concurrence by the Department and, if funding is approved, subsequently added to the 10
211	211	county water and sewer plan within a time frame jointly agreed on by the Department and 11
212	212	the county that takes into consideration the county’s water and sewer plan update and 12
213	213	amendment process; and 13
214	214
215	215	(v) The funding agreement for a project that meets the conditions for 14
216	216	funding under subparagraph (iv)2 of this paragraph includes provisions to ensure: 15
217	217
218	218	1. Denial of access for any future connections that are not 16
219	219	included in the project’s proposed service area; and 17
220	220
221	221	2. That the project will not unduly impede access to funding 18
222	222	for upgrading individual on–site sewage disposal systems in the county with best available 19
223	223	technology for nitrogen removal. 20
224	224
225	225	(6) FUNDING FOR THE COSTS IDENTIFIED IN PARAGRAPH (2)(I)1F OF 21
226	226	THIS SUBSECTION MAY BE PROVIDED ONLY IF THE HOUSEHOLD SERVED BY THE 22
227	227	ON–SITE SEWAGE DISPOSAL SYSTEM TO BE REPLACE D: 23
228	228
229	229	(I) IS LOCATED IN A LOW –INCOME AREA , AS DETERMINED BY 24
230	230	THE DEPARTMENT ; 25
231	231
232	232	(II) HAS A HOUSEHOLD INCOME OF UP TO $300,000 PER YEAR; 26
233	233	AND 27
234	234
235	235	(III) IS LOCATED ADJACENT T O AN EXISTING SEWER MAIN. 28
236	236
237	237	(7) The Comptroller, in consultation with the Administration, may 29
238	238	establish any other accounts and subaccounts within the Bay Restoration Fund as 30
239	239	necessary to: 31
240	240
241	241	(i) Effectuate the purposes of this subtitle; 32
242	242	6 HOUSE BILL 24
243	243
244	244
245	245	(ii) Comply with the provisions of any bond resolution; 1
246	246
247	247	(iii) Meet the requirements of any federal or State law or of any grant 2
248	248	or award to the Bay Restoration Fund; and 3
249	249
250	250	(iv) Meet any rules or program directives established by the 4
251	251	Secretary or the Board. 5
252	252
253	253	[(7)] (8) The Department or a local government shall determine: 6
254	254
255	255	(i) Whether an applicant is eligible for financial assistance under 7
256	256	paragraph (2)(i)4 of this subsection; and 8
257	257
258	258	(ii) The amount of financial assistance to be provided for each 9
259	259	applicant based on the average cost of an operation and maintenance contract of up to 5 10
260	260	years provided by vendors, as defined in § 9–1108.1 of this title, in the applicant’s area. 11
261	261
262	262	[(8)] (9) (i) The amount of financial assistance under paragraph 12
263	263	(2)(i)5 of this subsection shall be based on homeowner income, with priority given to 13
264	264	low–income homeowners. 14
265	265
266	266	(ii) Financial assistance under paragraph (2)(i)5 of this subsection 15
267	267	may be provided through grants, rebates, or low– or no–interest loans. 16
268	268
269	269	(iii) Financial assistance under paragraph (2)(i)5 of this subsection 17
270	270	may be provided only if: 18
271	271
272	272	1. The homeowner verifies the pump out has occurred; and 19
273	273
274	274	2. The homeowner resides in a local jurisdiction that has 20
275	275	developed and implemented a septic stewardship plan that: 21
276	276
277	277	A. Has been adopted by the local governing body of the 22
278	278	jurisdiction, after consultation with the jurisdiction’s local health department; 23
279	279
280	280	B. States specific goals consistent with the nitrogen load 24
281	281	reduction identified in the local jurisdiction’s watershed implementation plan; 25
282	282
283	283	C. Specifies public education and outreach measures that 26
284	284	will be taken, including education and outreach on best management practices, legal 27
285	285	requirements, and existing support and financial assistance; 28
286	286
287	287	D. Provides technical guidance for the siting, design, 29
288	288	evaluation, and construction of an on–site sewage disposal system; 30
289	289	HOUSE BILL 24 7
290	290
291	291
292	292	E. Requires an on–site sewage disposal system located on 1
293	293	residential property to be pumped out and inspected at least once every 5 years, unless a 2
294	294	more frequent pump out schedule is recommended during an inspection; 3
295	295
296	296	F. Requires an on–site sewage disposal system located on 4
297	297	commercial property to be pumped out and inspected at least once every 5 years, unless a 5
298	298	more frequent pump out schedule is recommended during an inspection; 6
299	299
300	300	G. Specifies certification and licensing procedures for a 7
301	301	person that pumps out and inspects on–site sewage disposal systems; 8
302	302
303	303	H. Specifies enforcement mechanisms, compliance 9
304	304	incentives, and penalties; 10
305	305
306	306	I. Outlines funding mechanisms to support the plan and 11
307	307	expand education, demonstration projects, and inspections; 12
308	308
309	309	J. Specifies requirements for record keeping; and 13
310	310
311	311	K. Establishes a process for periodically evaluating and 14
312	312	revising the plan. 15
313	313
314	314	[(9)] (10) On or before December 31 each year, the Department of the 16
315	315	Environment shall submit a report, in accordance with § 2–1257 of the State Government 17
316	316	Article, to the House Environmental Matters Committee and the Senate Education, 18
317	317	Energy, and the Environment Committee on: 19
318	318
319	319	(i) Each project funded under paragraph (5)(iv)2 of this subsection; 20
320	320	and 21
321	321
322	322	(ii) A summary of any impacts that the funding used for these 22
323	323	projects had on overall funding for upgrading individual on–site sewage disposal systems 23
324	324	with best available technology for nitrogen removal. 24
325	325
326	326	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
327	327	October 1, 2025. 26