| 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 | - | 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 | *sb0964* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 964 | |
| 11 | 8 | M3, J1 5lr3320 | |
| 12 | 9 | CF HB 1124 | |
| 13 | 10 | By: Dorchester County Senators | |
| 14 | 11 | Introduced and read first time: January 28, 2025 | |
| 15 | 12 | Assigned to: Education, Energy, and the Environment | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 22, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Dorchester County – Well and On–Site Sewage Disposal Activities – 2 | |
| 25 | 19 | Privatization Program 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of authorizing the Department of the Environment, at the request of the 4 | |
| 28 | 22 | Dorchester County government and a certain delegated approval authority for 5 | |
| 29 | 23 | Dorchester County, to establish a privatization program for the performance of 6 | |
| 30 | 24 | certain activities associated with a certain well or on–site sewage disposal system 7 | |
| 31 | 25 | delegation of authority in Dorchester County; and generally relating to the 8 | |
| 32 | 26 | performance of well and on–site sewage disposal activities in Dorchester County. 9 | |
| 33 | 27 | ||
| 34 | 28 | BY adding to 10 | |
| 35 | 29 | Article – Environment 11 | |
| 36 | 30 | Section 9–1104.1 12 | |
| 37 | 31 | Annotated Code of Maryland 13 | |
| 38 | 32 | (2014 Replacement Volume and 2024 Supplement) 14 | |
| 39 | 33 | ||
| 40 | 34 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
| 41 | 35 | That the Laws of Maryland read as follows: 16 | |
| 42 | 36 | ||
| 43 | 37 | Article – Environment 17 | |
| 44 | 38 | ||
| 45 | 39 | 9–1104.1. 18 | |
| 46 | 40 | ||
| 47 | 41 | (A) IN THIS SECTION , “DELEGATED APPROVAL A UTHORITY” MEANS THE 19 | |
| 48 | - | LOCAL HEALTH DEPARTM ENT OR COUNTY AGENCY THAT HAS RECEIVED A WELL OR 20 2 SENATE BILL 964 | |
| 42 | + | LOCAL HEALTH DEPARTM ENT OR COUNTY AGENCY THAT HAS REC EIVED A WELL OR 20 | |
| 43 | + | ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY BY THE 21 | |
| 44 | + | DEPARTMENT . 22 | |
| 45 | + | ||
| 46 | + | (B) THIS SECTION APPLIES ONLY TO DORCHESTER COUNTY. 23 | |
| 47 | + | 2 SENATE BILL 964 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY BY THE 1 | |
| 52 | - | DEPARTMENT . 2 | |
| 50 | + | (C) (1) AT THE REQUEST OF A C OUNTY GOVERNMENT AND THE 1 | |
| 51 | + | DELEGATED APPROVAL A UTHORITY, THE DEPARTMENT MAY ESTABL ISH A 2 | |
| 52 | + | PRIVATIZATION PROGRA M FOR THE PERFORMANC E OF ANY ACTIVITIES ASSOCIATED 3 | |
| 53 | + | WITH A WELL OR ON –SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY 4 | |
| 54 | + | BY THE DEPARTMENT . 5 | |
| 53 | 55 | ||
| 54 | - | (B) THIS SECTION APPLIES ONLY TO DORCHESTER COUNTY. 3 | |
| 56 | + | (2) IF THE DEPARTMENT ESTABLISHE S A PRIVATIZATION PR OGRAM 6 | |
| 57 | + | UNDER THIS SECTION , THE DEPARTMENT SHALL: 7 | |
| 55 | 58 | ||
| 56 | - | (C) (1) AT THE REQUEST OF A C OUNTY GOVERNMENT AND THE 4 | |
| 57 | - | DELEGATED APPROVAL A UTHORITY, THE DEPARTMENT MAY ESTABL ISH A 5 | |
| 58 | - | PRIVATIZATION PROGRA M FOR THE PERFORMANC E OF ANY ACTIVITIES ASSOCIATED 6 | |
| 59 | - | WITH A WELL OR ON –SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY 7 | |
| 60 | - | BY THE DEPARTMENT . 8 | |
| 59 | + | (I) SPECIFY WHETHER THE P RIVATIZATION PROGRAM HAS A 8 | |
| 60 | + | LIMITED DURATION OR IS ONGOING; 9 | |
| 61 | 61 | ||
| 62 | - | (2) IF THE DEPARTMENT ESTABLISHE S A PRIVATIZATION PR OGRAM 9 | |
| 63 | - | UNDER THIS SECTION , THE DEPARTMENT SHALL : 10 | |
| 62 | + | (II) SPECIFY THE ACTIVITIE S ASSOCIATED WITH A WELL OR 10 | |
| 63 | + | ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY COVERED UN DER 11 | |
| 64 | + | THE PRIVATIZATION PR OGRAM; 12 | |
| 64 | 65 | ||
| 65 | - | ( | |
| 66 | - | ||
| 66 | + | (III) ESTABLISH REPORTING A ND PERFORMANCE MONIT ORING 13 | |
| 67 | + | REQUIREMENTS , AS DETERMINED APPROP RIATE BY THE DEPARTMENT ; 14 | |
| 67 | 68 | ||
| 68 | - | (II) SPECIFY THE ACTIVITIE S ASSOCIATED WITH A WELL OR 13 | |
| 69 | - | ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY COVERED UN DER 14 | |
| 70 | - | THE PRIVATIZATION PR OGRAM; 15 | |
| 69 | + | (IV) CONDUCT MANDATORY COM PLIANCE AUDITS ON AT LEAST 15 | |
| 70 | + | AN ANNUAL BASIS ; AND 16 | |
| 71 | 71 | ||
| 72 | - | ( | |
| 73 | - | REQUIREMENTS , | |
| 72 | + | (V) CONSIDER REASONABLE C ONSUMER PROTECTION 17 | |
| 73 | + | REQUIREMENTS , INCLUDING FEE CAPS A ND DISPUTE RESOLUTIO N MECHANISMS . 18 | |
| 74 | 74 | ||
| 75 | - | ( | |
| 76 | - | ||
| 75 | + | (3) THE DEPARTMENT MAY SUSPEN D OR HALT A PRIVATIZ ATION 19 | |
| 76 | + | PROGRAM IF THE DEPARTMENT DETERMINES THAT THE PROGRAM : 20 | |
| 77 | 77 | ||
| 78 | - | ( | |
| 79 | - | ||
| 78 | + | (I) IS FAILING TO COMPLY WITH ANY REQUIREMENT 21 | |
| 79 | + | ESTABLISHED UNDER TH IS SECTION; 22 | |
| 80 | 80 | ||
| 81 | - | (VI) REQUIRE THAT PARTICIP ANTS IN THE PRIVATIZ ATION 22 | |
| 82 | - | PROGRAM CARRY APPROP RIATE INSURANCE AND PROVIDE FINANCIA L 23 | |
| 83 | - | ASSURANCES , INCLUDING INDEMNIFIC ATION OF THE STATE, AND BONDS, LETTERS 24 | |
| 84 | - | OF CREDIT, OR SIMILAR FINANCIAL SECURITY, THE AMOUNTS OF WHICH SHALL BE 25 | |
| 85 | - | DETERMINED BY THE DEPARTMENT ; 26 | |
| 81 | + | (II) IS FAILING TO MEET RE PORTING OR PERFORMAN CE 23 | |
| 82 | + | MONITORING REQUIREME NTS ESTABLISHED UNDE R THIS SECTION; OR 24 | |
| 86 | 83 | ||
| 87 | - | (VII) ENSURE THAT THE PRIVA TIZATION PROGRAM COM PLIES 27 | |
| 88 | - | WITH APPLICABLE PROCUREME NT LAWS; 28 | |
| 84 | + | (III) POSES A RISK TO PUBLI C HEALTH OR THE ENVI RONMENT. 25 | |
| 89 | 85 | ||
| 90 | - | ( | |
| 91 | - | ||
| 86 | + | (D) IN ORDER TO BE ELIGIB LE TO PARTICIPATE IN THE PROGRAM 26 | |
| 87 | + | ESTABLISHED UNDER TH IS SECTION, A PERSON MUST : 27 | |
| 92 | 88 | ||
| 93 | - | (IX) REQUIRE PARTICIPANTS IN THE PRIVATIZATION PROGRAM 31 | |
| 94 | - | TO TRANSFER ANY RECO RDS RELATED TO THE P RIVATIZATION PROGRAM TO THE 32 SENATE BILL 964 3 | |
| 89 | + | (1) BE AN ENVIRONMENTAL H EALTH SPECIALIST LIC ENSED IN THE 28 | |
| 90 | + | STATE; 29 | |
| 91 | + | SENATE BILL 964 3 | |
| 95 | 92 | ||
| 96 | 93 | ||
| 97 | - | ||
| 98 | - | ||
| 99 | - | ||
| 94 | + | (2) HAVE DEMONSTRATED EXP ERIENCE IN THE ACTIV ITIES 1 | |
| 95 | + | ASSOCIATED WITH A WE LL OR ON–SITE SEWAGE DISPOSAL SYSTEM DELEGATION OF 2 | |
| 96 | + | AUTHORITY COVERED UN DER THE PRIVATIZATIO N PROGRAM; AND 3 | |
| 100 | 97 | ||
| 101 | - | (3) THE | |
| 102 | - | ||
| 98 | + | (3) MEET ANY OTHER REQUIR EMENTS ESTABLISHED B Y THE 4 | |
| 99 | + | DEPARTMENT OR DELEGAT ED APPROVAL AUTHORIT Y. 5 | |
| 103 | 100 | ||
| 104 | - | (I) IS FAILING TO COMPLY WITH ANY REQUIREMENT 6 | |
| 105 | - | ESTABLISHED UNDER TH IS SECTION; 7 | |
| 101 | + | (E) THE DELEGATED APPROVA L AUTHORITY SHALL RE VIEW AND APPROVE 6 | |
| 102 | + | OR DISAPPROVE ANY WO RK PERFORMED BY A PE RSON UNDER A PRIVATI ZATION 7 | |
| 103 | + | PROGRAM. 8 | |
| 106 | 104 | ||
| 107 | - | (II) IS FAILING TO MEET RE PORTING OR PERFORMAN CE 8 | |
| 108 | - | MONITORING REQUIREME NTS ESTABLISHED UNDE R THIS SECTION; OR 9 | |
| 105 | + | (F) A DELEGATED APPROVAL AUT HORITY SEEKING TO ES TABLISH A 9 | |
| 106 | + | PRIVATIZATION PROGRA M UNDER THIS SECTION SHALL WORK WITH THE 10 | |
| 107 | + | DEPARTMENT AND COUNTY GOVERNMENT TO IMPLEM ENT THE PRIVATIZATIO N 11 | |
| 108 | + | PROGRAM. 12 | |
| 109 | 109 | ||
| 110 | - | (III) POSES A RISK TO PUBLI C HEALTH OR THE ENVI RONMENT. 10 | |
| 110 | + | (G) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THE 13 | |
| 111 | + | PRIVATIZATIO N PROGRAM. 14 | |
| 111 | 112 | ||
| 112 | - | (D) IN ORDER TO BE ELIGIB LE TO PARTICIPATE IN THE PROGRAM 11 | |
| 113 | - | ESTABLISHED UNDER TH IS SECTION, A PERSON MUST : 12 | |
| 114 | - | ||
| 115 | - | (1) BE AN ENVIRONMENTAL H EALTH SPECIALIST LIC ENSED IN BY 13 | |
| 116 | - | THE STATE; 14 | |
| 117 | - | ||
| 118 | - | (2) HAVE DEMONSTRATED SATISFACTORY EXPERIENCE IN THE 15 | |
| 119 | - | ACTIVITIES ASSOCIATE D WITH A WELL OR ON –SITE SEWAGE DISPOSAL SYSTEM 16 | |
| 120 | - | DELEGATION OF AUTHOR ITY COVERED UNDER TH E PRIVATIZATION PROG RAM; AND 17 | |
| 121 | - | ||
| 122 | - | (3) MEET ANY OTHER REQUIR EMENTS ESTABLISHED B Y THE 18 | |
| 123 | - | DEPARTMENT OR REQUESTED BY THE DELEGATED APPROVAL A UTHORITY TO 19 | |
| 124 | - | ENSURE THE QUALITY O F THE WORK PERFORMED UNDER THE PRIVATIZAT ION 20 | |
| 125 | - | PROGRAM. 21 | |
| 126 | - | ||
| 127 | - | (E) THE DELEGATED APPROVA L AUTHORITY SHALL RE VIEW AND APPROVE 22 | |
| 128 | - | OR DISAPPROVE ANY WO RK PERFORMED BY A PE RSON UNDER A PRIVATI ZATION 23 | |
| 129 | - | PROGRAM, CONSISTENT WITH THE DELEGATION OF AUTHOR ITY BY THE 24 | |
| 130 | - | DEPARTMENT . 25 | |
| 131 | - | ||
| 132 | - | (F) A DELEGATED APPROVAL A UTHORITY SEEKING TO ESTABLISH A 26 | |
| 133 | - | PRIVATIZATION PROGRA M UNDER THIS SECTION SHALL WORK WITH THE 27 | |
| 134 | - | DEPARTMENT AND COUNTY GOVERNMENT TO IMPLEM ENT THE PRIVATIZATIO N 28 | |
| 135 | - | PROGRAM. 29 | |
| 136 | - | ||
| 137 | - | (G) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THE 30 | |
| 138 | - | PRIVATIZATION PROGRA M. 31 | |
| 139 | - | 4 SENATE BILL 964 | |
| 113 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15 | |
| 114 | + | 1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 16 | |
| 115 | + | this Act, with no further action required by the General Assembly, shall be abrogated and 17 | |
| 116 | + | of no further force and effect. 18 | |
| 140 | 117 | ||
| 141 | 118 | ||
| 142 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1 | |
| 143 | - | 1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 2 | |
| 144 | - | this Act, with no further action required by the General Assembly, shall be abrogated and 3 | |
| 145 | - | of no further force and effect. 4 | |
| 146 | - | ||
| 147 | - | ||
| 148 | - | ||
| 149 | - | Approved: | |
| 150 | - | ________________________________________________________________________________ | |
| 151 | - | Governor. | |
| 152 | - | ________________________________________________________________________________ | |
| 153 | - | President of the Senate. | |
| 154 | - | ________________________________________________________________________________ | |
| 155 | - | Speaker of the House of Delegates. |