HB 1069
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
House Bill 1069 (Delegate Stewart)
Environment and Transportation Education, Health, and Environmental Affairs
Water Supply - Private Well Safety Program
This bill requires the owner of residential rental property that is served by a private water
supply well to provide for water quality testing every three years and disclose the results
to current and prospective tenants, as specified. When a water quality test reveals that a
private water supply well is contaminated, the owner must notify the Maryland Department
of the Environment (MDE) and the local health department (LHD) and resolve the issue,
as specified. A person who violates the bill’s provisions is subject to a civil penalty of up
to $1,000. An LHD may enforce the bill and collect the civil penalty. MDE must adopt
regulations that establish the minimum criteria for water quality testing under the bill. In
addition, by December 31, 2022, MDE must report to specified legislative committees
regarding reports of private water supply contamination. The bill takes effect July 1, 2021.
Fiscal Summary
State Effect: Assuming that private residential rental property owners are responsible for
costs to conduct water quality testing under the bill, there is no material fiscal impact on
State agencies. MDE can generally implement the bill, including promulgating regulations
and submitting the required report, with existing budgeted resources. State revenues are
not materially affected.
Local Effect: Local expenditures increase for LHDs that choose to enforce the bill. Local
expenditures may increase further to the extent that LHDs provide any support to affected
rental property owners beyond merely receiving notice of contamination, as discussed
below. Potential minimal increase in local revenues from the bill’s civil penalty.
Small Business Effect: Potential meaningful.
 Analysis
Bill Summary: An owner of residential rental property that is served by a private water
supply well must notify a tenant (1) after completing any water quality test required by the
bill and (2) of the most recent water quality test when the tenant signs a lease.
When a private water supply well is contaminated by a substance that exceeds (1) the
maximum contaminant level for that substance for drinking water quality, as set by the
U.S. Environmental Protection Agency or (2) a harmful level for that substance, as
determined by MDE, the owner of the residential rental property that is served by the well
must (1) notify MDE and the LHD about the contamination; (2) provide an approved
potable water supply until the contamination is permanently remediated; and (3) resolve
the issue within 60 days of knowing of the contamination. Resolution of the issue includes
(1) providing an approved potable water supply on an ongoing basis; (2) permanently
remediating the contamination; or (3) providing the tenant with the option to terminate the
lease.
By December 31, 2022, MDE must report to the Senate Education, Health, and
Environmental Affairs Committee and the House Environment and Transportation
Committee regarding any reports of private water supply contamination received by
MDE pursuant to the bill.
Current Law: MDE is responsible for primary enforcement of the federal Safe Drinking
Water Act, which, among other things, ensures that public water systems meet strict safe
drinking water standards. These standards do not apply to private drinking water wells.
Rather, private well owners are responsible for the safety of their own wells after initial
construction and certification is completed.
Water Well Construction in the State, Generally
MDE’s water well construction program regulates the permitting and installation of water
wells in the State, including for potable and nonpotable supply wells, geothermal wells
(both open and closed loop), irrigation wells, geotechnical/environmental wells, and
industrial wells. Wells must be installed by a Maryland-licensed well driller, and the
licensed well driller must obtain a well construction permit prior to drilling. Regulations
establish the standards that a proposed site must meet, along with other restrictions and
requirements, in order to drill a new well, along with construction standards that must be
met.
MDE delegates authority to enforce the State’s water well construction regulations to
LHDs and other local permitting agencies, which are referred to as approving authorities.
MDE provides technical support to the local approving authorities. Licensed well drillers
HB 1069/ Page 2
apply to the local approving authority to obtain a well construction permit prior to drilling.
After obtaining a permit to drill, the well driller must also submit a completion report to
the approving authority.
If the well is to be used as a potable water supply, a Certificate of Potability (COP) is
required before the well is put into service. A COP is issued after a series of laboratory
tests indicate the water is safe for human consumption. There are also regulatory standards
for well maintenance and repair and abandoning and sealing wells. A well must be
considered abandoned when the well is (1) in such a state of disrepair that continued use
for its intended purpose is impracticable; (2) the well has been permanently disconnected
from any water supply system or irrigation system; and (3) the well is unsuccessful and
does not meet specified regulatory standards. Further, all wells constructed prior to
April 1, 1969, that are not in use must be abandoned.
Local Fiscal Effect: In general, LHDs in the State are understaffed and face funding
shortfalls, particularly in light of local response efforts to the COVID-19 pandemic. The
Maryland Association of County Health Officers (MACHO) notes that LHDs are also
experiencing difficulty recruiting and retaining environmental health specialists throughout
the State. Thus, expenditures increase for LHDs that choose to enforce the bill due to the
need to hire staff. For context, MACHO estimates that if each of the 24 LHDs in the State
hire a quarter-time employee, costs total approximately $370,000 annually.
Additionally, to the extent that LHDs must provide any resources to residential rental
property owners beyond merely receiving notifications regarding contamination,
expenditures for LHDs increase further. For example, if LHDs provide tracking of
contamination results, reviews or analysis of drinking water quality tests, or assistance with
mitigating contamination issues for affected owners, LHDs likely need to hire additional
staff.
Revenues for LHDs that choose to enforce the bill may increase minimally due to the bill’s
civil penalty. However, any penalty revenues are not expected to offset local enforcement
and implementation costs.
Small Business Effect: Expenditures for residential rental property owners increase to
conduct well water testing at least every three years, disclose the results to tenants, and as
necessary, notify MDE and LDHs, and address any contamination issues (which could
include providing a temporary potable water supply, permanently remediating the
contamination, or providing the tenant with the option to terminate a lease). On the other
hand, residential rental property owners and tenants (which could include small businesses
operating out of residential rental properties) benefit from a clearer understanding of the
state of private water supply wells.
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Small businesses in the State that provide well remediation or repair services, conduct well
water testing, or supply temporary water sources could benefit from an increase in the
demand for their services.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Prince George’s County; Maryland Association of County Health
Officers; Maryland Municipal League; Office of the Attorney General (Consumer
Protection Division); Judiciary (Administrative Office of the Courts); Maryland
Department of the Environment; Maryland Department of Health; Department of Housing
and Community Development; State Department of Assessments and Taxation;
Department of Legislative Services
Fiscal Note History: First Reader - February 23, 2021
an/lgc Third Reader - March 29, 2021
Revised - Amendment(s) - March 29, 2021
Enrolled - April 30, 2021
Revised - Amendment(s) - April 30, 2021
Analysis by: Kathleen P. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1069/ Page 4


Statutes affected:
Text - First - Water Supply - Private Well Safety Program: 10-711 Real Property, 13-201 Tax Property, 13-202 Tax Property, 13-202 Tax Property, 13-203 Tax Property, 13-202 Tax Property, 13-204.1 Tax Property, 13-209 Tax Property
Text - Third - Water Supply - Private Well Safety Program: 10-711 Real Property, 13-201 Real Property, 13-202 Real Property, 13-202 Real Property, 13-203 Real Property, 13-202 Real Property, 13-204.1 Real Property, 13-209 Real Property
Text - Enrolled - Water Supply - Private Well Safety Program: 10-711 Real Property, 13-201 Tax Property, 13-202 Tax Property, 13-202 Tax Property, 13-203 Tax Property, 13-202 Tax Property, 13-204.1 Tax Property, 13-209 Tax Property, 2-022 Tax Property