EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0964*
SENATE BILL 964
M3, J1 5lr3320
CF HB 1124
By: Dorchester County Senators
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Dorchester County – Well and On–Site Sewage Disposal Activities – 2
Privatization Program 3
FOR the purpose of authorizing the Department of the Environment, at the request of the 4
Dorchester County government and a certain delegated approval authority for 5
Dorchester County, to establish a privatization program for the performance of 6
certain activities associated with a certain well or on–site sewage disposal system 7
delegation of authority in Dorchester County; and generally relating to the 8
performance of well and on–site sewage disposal activities in Dorchester County. 9
BY adding to 10
Article – Environment 11
Section 9–1104.1 12
Annotated Code of Maryland 13
(2014 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Environment 17
9–1104.1. 18
(A) IN THIS SECTION , “DELEGATED APPROVAL A UTHORITY” MEANS THE 19
LOCAL HEALTH DEPARTM ENT OR COUNTY AGENCY THAT HAS REC EIVED A WELL OR 20
ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY BY THE 21
DEPARTMENT . 22
(B) THIS SECTION APPLIES ONLY TO DORCHESTER COUNTY. 23
2 SENATE BILL 964
(C) (1) AT THE REQUEST OF A C OUNTY GOVERNMENT AND THE 1
DELEGATED APPROVAL A UTHORITY, THE DEPARTMENT MAY ESTABL ISH A 2
PRIVATIZATION PROGRA M FOR THE PERFORMANC E OF ANY ACTIVITIES ASSOCIATED 3
WITH A WELL OR ON –SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY 4
BY THE DEPARTMENT . 5
(2) IF THE DEPARTMENT ESTABLISHE S A PRIVATIZATION PR OGRAM 6
UNDER THIS SECTION , THE DEPARTMENT SHALL: 7
(I) SPECIFY WHETHER THE P RIVATIZATION PROGRAM HAS A 8
LIMITED DURATION OR IS ONGOING; 9
(II) SPECIFY THE ACTIVITIE S ASSOCIATED WITH A WELL OR 10
ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY COVERED UN DER 11
THE PRIVATIZATION PR OGRAM; 12
(III) ESTABLISH REPORTING A ND PERFORMANCE MONIT ORING 13
REQUIREMENTS , AS DETERMINED APPROP RIATE BY THE DEPARTMENT ; 14
(IV) CONDUCT MANDATORY COM PLIANCE AUDITS ON AT LEAST 15
AN ANNUAL BASIS ; AND 16
(V) CONSIDER REASONABLE C ONSUMER PROTECTION 17
REQUIREMENTS , INCLUDING FEE CAPS A ND DISPUTE RESOLUTIO N MECHANISMS . 18
(3) THE DEPARTMENT MAY SUSPEN D OR HALT A PRIVATIZ ATION 19
PROGRAM IF THE DEPARTMENT DETERMINES THAT THE PROGRAM : 20
(I) IS FAILING TO COMPLY WITH ANY REQUIREMENT 21
ESTABLISHED UNDER TH IS SECTION; 22
(II) IS FAILING TO MEET RE PORTING OR PERFORMAN CE 23
MONITORING REQUIREME NTS ESTABLISHED UNDE R THIS SECTION; OR 24
(III) POSES A RISK TO PUBLI C HEALTH OR THE ENVI RONMENT. 25
(D) IN ORDER TO BE ELIGIB LE TO PARTICIPATE IN THE PROGRAM 26
ESTABLISHED UNDER TH IS SECTION, A PERSON MUST : 27
(1) BE AN ENVIRONMENTAL H EALTH SPECIALIST LIC ENSED IN THE 28
STATE; 29
SENATE BILL 964 3
(2) HAVE DEMONSTRATED EXP ERIENCE IN THE ACTIV ITIES 1
ASSOCIATED WITH A WE LL OR ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF 2
AUTHORITY COVERED UN DER THE PRIVATIZATIO N PROGRAM; AND 3
(3) MEET ANY OTHER REQUIR EMENTS ESTABLISHED B Y THE 4
DEPARTMENT OR DELEGAT ED APPROVAL AUTHORIT Y. 5
(E) THE DELEGATED APPROVA L AUTHORITY SHALL RE VIEW AND APPROVE 6
OR DISAPPROVE ANY WO RK PERFORMED BY A PE RSON UNDER A PRIVATI ZATION 7
PROGRAM. 8
(F) A DELEGATED APPROVAL AUT HORITY SEEKING TO ES TABLISH A 9
PRIVATIZATION PROGRA M UNDER THIS SECTION SHALL WORK WITH THE 10
DEPARTMENT AND COUNTY GOVERNMENT TO IMPLEM ENT THE PRIVATIZATIO N 11
PROGRAM. 12
(G) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THE 13
PRIVATIZATIO N PROGRAM. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 16
this Act, with no further action required by the General Assembly, shall be abrogated and 17
of no further force and effect. 18