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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 22, 2025
CHAPTER ______
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 RECEIVED A WELL OR 20 2 SENATE BILL 964
ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY BY THE 1
DEPARTMENT . 2
(B) THIS SECTION APPLIES ONLY TO DORCHESTER COUNTY. 3
(C) (1) AT THE REQUEST OF A C OUNTY GOVERNMENT AND THE 4
DELEGATED APPROVAL A UTHORITY, THE DEPARTMENT MAY ESTABL ISH A 5
PRIVATIZATION PROGRA M FOR THE PERFORMANC E OF ANY ACTIVITIES ASSOCIATED 6
WITH A WELL OR ON –SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY 7
BY THE DEPARTMENT . 8
(2) IF THE DEPARTMENT ESTABLISHE S A PRIVATIZATION PR OGRAM 9
UNDER THIS SECTION , THE DEPARTMENT SHALL : 10
(I) SPECIFY WHETHER THE P RIVATIZATION PROGRAM HAS A 11
LIMITED DURATION OR IS ONGOING; 12
(II) SPECIFY THE ACTIVITIE S ASSOCIATED WITH A WELL OR 13
ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY COVERED UN DER 14
THE PRIVATIZATION PR OGRAM; 15
(III) ESTABLISH REPORTING A ND PERFORMANCE MONIT ORING 16
REQUIREMENTS , AS DETERMINED APPROP RIATE BY THE DEPARTMENT ; 17
(IV) CONDUCT MANDATORY COM PLIANCE AUDITS ON AT LE AST 18
AN ANNUAL BASIS ; AND 19
(V) CONSIDER REASONABLE C ONSUMER PROTECTION 20
REQUIREMENTS , INCLUDING FEE CAPS A ND DISPUTE RESOLUTIO N MECHANISMS ; 21
(VI) REQUIRE THAT PARTICIP ANTS IN THE PRIVATIZ ATION 22
PROGRAM CARRY APPROP RIATE INSURANCE AND PROVIDE FINANCIA L 23
ASSURANCES , INCLUDING INDEMNIFIC ATION OF THE STATE, AND BONDS, LETTERS 24
OF CREDIT, OR SIMILAR FINANCIAL SECURITY, THE AMOUNTS OF WHICH SHALL BE 25
DETERMINED BY THE DEPARTMENT ; 26
(VII) ENSURE THAT THE PRIVA TIZATION PROGRAM COM PLIES 27
WITH APPLICABLE PROCUREME NT LAWS; 28
(VIII) ESTABLISH APPROPRIATE ETHICS POLICIES , INCLUDING 29
CONFLICT OF INTEREST STANDARDS, FOR THE PRIVATIZATIO N PROGRAM; AND 30
(IX) REQUIRE PARTICIPANTS IN THE PRIVATIZATION PROGRAM 31
TO TRANSFER ANY RECO RDS RELATED TO THE P RIVATIZATION PROGRAM TO THE 32 SENATE BILL 964 3
DELEGATED APPROVAL A UTHORITY, AT WHICH TIME THE RE CORDS SHALL BE 1
CONSIDERED PUBLIC RE CORDS SUBJECT TO TITLE 4 OF THE GENERAL PROVISIONS 2
ARTICLE (THE PUBLIC INFORMATION ACT). 3
(3) THE DEPARTMENT MAY SUSPEN D OR HALT A PRIVATIZATION 4
PROGRAM IF THE DEPARTMENT DETERMINES THAT THE PROGRAM : 5
(I) IS FAILING TO COMPLY WITH ANY REQUIREMENT 6
ESTABLISHED UNDER TH IS SECTION; 7
(II) IS FAILING TO MEET RE PORTING OR PERFORMAN CE 8
MONITORING REQUIREME NTS ESTABLISHED UNDE R THIS SECTION; OR 9
(III) POSES A RISK TO PUBLI C HEALTH OR THE ENVI RONMENT. 10
(D) IN ORDER TO BE ELIGIB LE TO PARTICIPATE IN THE PROGRAM 11
ESTABLISHED UNDER TH IS SECTION, A PERSON MUST : 12
(1) BE AN ENVIRONMENTAL H EALTH SPECIALIST LIC ENSED IN BY 13
THE STATE; 14
(2) HAVE DEMONSTRATED SATISFACTORY EXPERIENCE IN THE 15
ACTIVITIES ASSOCIATE D WITH A WELL OR ON –SITE SEWAGE DISPOSAL SYSTEM 16
DELEGATION OF AUTHOR ITY COVERED UNDER TH E PRIVATIZATION PROG RAM; AND 17
(3) MEET ANY OTHER REQUIR EMENTS ESTABLISHED B Y THE 18
DEPARTMENT OR REQUESTED BY THE DELEGATED APPROVAL A UTHORITY TO 19
ENSURE THE QUALITY O F THE WORK PERFORMED UNDER THE PRIVATIZAT ION 20
PROGRAM. 21
(E) THE DELEGATED APPROVA L AUTHORITY SHALL RE VIEW AND APPROVE 22
OR DISAPPROVE ANY WO RK PERFORMED BY A PE RSON UNDER A PRIVATI ZATION 23
PROGRAM, CONSISTENT WITH THE DELEGATION OF AUTHOR ITY BY THE 24
DEPARTMENT . 25
(F) A DELEGATED APPROVAL A UTHORITY SEEKING TO ESTABLISH A 26
PRIVATIZATION PROGRA M UNDER THIS SECTION SHALL WORK WITH THE 27
DEPARTMENT AND COUNTY GOVERNMENT TO IMPLEM ENT THE PRIVATIZATIO N 28
PROGRAM. 29
(G) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THE 30
PRIVATIZATION PROGRA M. 31
4 SENATE BILL 964
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 2
this Act, with no further action required by the General Assembly, shall be abrogated and 3
of no further force and effect. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
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Speaker of the House of Delegates.