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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb0146*
HOUSE BILL 146
M3, N1 6lr1110
HB 747/25 – ENT (PRE–FILED) CF SB 165
By: Delegate Guyton Delegates Guyton, Holmes, and J. Long
Requested: October 7, 2025
Introduced and read first time: January 14, 2026
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: February 15, 2026
CHAPTER ______
AN ACT concerning 1
Environment – On–Site Wastewater Systems – Requirements for Inspection and 2
Pumping Services and Implementation Dates 3
FOR the purpose of requiring a landlord of property that is served by a certain on –site 4
wastewater system to ensure, on or before a certain date and before each new tenant 5
occupies the property thereafter, that the system has been inspected and pumped 6
out in a certain manner; requiring a contract for the sale of certain real property that 7
is served by an on–site wastewater system, beginning on a certain date, to include a 8
provision requiring, as a condition of the sale, that the purchaser has ensured that 9
the system has been inspected and pumped out in a certain manner, subject to 10
certain exceptions; requiring a landlord or an o wner of property to notify a certain 11
delegated approval authority of certain information regarding a failing on –site 12
sewage disposal system under certain circumstances; requiring a delegated approval 13
authority to approve, to the extent practicable, the rep air or replacement of any 14
failed components of a drain field of a failing on –site wastewater system; extending 15
certain dates by which the Department of the Environment is required to adopt 16
certain regulations and by which certain individuals are required to be licensed by 17
the State Board of On –Site Wastewater Professionals; and generally relating to 18
on–site wastewater systems. 19
BY repealing and reenacting, without amendments, 20
Article – Environment 21
Section 9–11A–01(a) and (e) 22
Annotated Code of Maryland 23
2 HOUSE BILL 146
(2014 Replacement Volume and 2025 Supplement) 1
BY adding to 2
Article – Real Property 3
Section 8–122 and 10–716 4
Annotated Code of Maryland 5
(2023 Replacement Volume and 2025 Supplement) 6
BY repealing and reenacting, with amendments, 7
Chapter 419 of the Acts of the General Assembly of 2022 8
Section 6 and 7 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Environment 12
9–11A–01. 13
(a) In this subtitle the following words have the meanings indicated. 14
(e) (1) “On–site wastewater system” means: 15
(i) A wastewater system designed to treat and dispose of effluent on: 16
1. The same property that produces the wastewater; or 17
2. An easement; or 18
(ii) A holding tank. 19
(2) Except as provided in paragraph (3) of this subsection, “on –site 20
wastewater system” includes a septic or any other on–site sewage disposal system. 21
(3) “On–site wastewater system” does not include a wastewater treatment 22
system that: 23
(i) Requires a discharge permit from the Department; or 24
(ii) Treats 5,000 or more gallons per day. 25
Article – Real Property 26
8–122. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
HOUSE BILL 146 3
(2) “DELEGATED APPROVAL AU THORITY” MEANS THE LOCAL 1
HEALTH DEPARTMENT OR COUNTY AGENCY THAT H AS RECEIVED AN ON –SITE 2
SEWAGE DISPOSAL SYSTEM DELEGATION OF AUT HORITY BY THE DEPARTMENT OF 3
THE ENVIRONMENT. 4
(3) “ON–SITE WASTEWATER SYSTEM” HAS THE MEANING STATED IN § 5
9–11A–01 OF THE ENVIRONMENT ARTICLE. 6
(B) ON OR BEFORE JULY 1, 2028, AND BEFORE EACH NEW TENANT 7
OCCUPIES THE PROPERT Y THEREAFTER , A LANDLORD OF PROPER TY THAT IS 8
SERVED BY AN ON –SITE WASTEWATER SYST EM SHALL ENSURE THAT THE SYSTEM 9
HAS BEEN: 10
(1) INSPECTED BY AN INDIVIDUAL WHO IS LICENSED UNDER TITLE 9, 11
SUBTITLE 11A OF THE ENVIRONMENT ARTICLE TO PERFORM PROPERTY TRANSFER 12
INSPECTIONS FOR ON–SITE WASTEWATER SYSTEMS; AND 13
(2) PUMPED OUT BY AN INDIVIDUAL WHO IS LICENSED UNDER TITLE 14
9, SUBTITLE 11A OF THE ENVIRONMENT ARTICLE TO PERFORM PUMPING SERVICES 15
FOR ON–SITE WASTEWATER SYSTEMS. 16
(C) FOR PURPOSES OF MEETING THE REQUIREMENTS UNDER SUBSECTION 17
(B) OF THIS SECTION , A PROPERTY TRANSFER INSPECTION OR PUMPIN G SERVICE 18
PERFORMED IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION IS VALID FOR 19
3 YEARS. 20
(D) (1) IF AN INSPECTION UNDE R THIS SECTION IDENT IFIES A FAILING 21
ON–SITE WASTEWATER SYSTEM, THE LANDLORD OF THE PROPERTY SHALL NOTIFY 22
THE DELEGATED APPROVAL AUTHORITY: 23
(1) (I) ABOUT THE FAILURE; AND 24
(2) (II) WHEN THE SYSTEM IS FIXED. 25
(2) A DELEGATED APPROVAL A UTHORITY SHALL APPRO VE, TO THE 26
EXTENT PRACTICABLE , THE REPAIR OR REPLAC EMENT OF ANY FAILED 27
COMPONENTS OF A DRAI N FIELD OF A FAILING ON–SITE WASTEWATER SYST EM 28
NECESSARY TO MEET THE REQUIREMENTS OF THIS SECTION. 29
10–716. 30
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 31
INDICATED. 32
4 HOUSE BILL 146
(2) “DELEGATED APPROVAL AU THORITY” MEANS THE LOCAL 1
HEALTH DEPARTMENT OR COUNTY AGENCY THAT H AS RECEIVED AN ON –SITE 2
SEWAGE DISPOSAL SYSTEM DELEGATION OF AUT HORITY BY THE DEPARTMENT OF 3
THE ENVIRONMENT. 4
(3) “ON–SITE WASTEWATER SYSTEM” HAS THE MEANING STATED IN § 5
9–11A–01 OF THE ENVIRONMENT ARTICLE. 6
(B) THE REQUIREMENTS OF THIS SECTION DO NOT APPLY IF: 7
(1) (I) 1. THE PROPERTY TRANSFER INVOLVES THE TRANSFER 8
OF RESIDENTIAL REAL PROPERTY THAT IS BETWEEN: 9
A. CURRENT SPOUSES; 10
B. A PARENT AND A CHILD; OR 11
C. SIBLINGS, BY WHOLE BLOOD , IF THE PROPERTY IS 12
HELD IN TRUST; 13
2. THE PROPERTY’S MORTGAGE IS BEING REFINANCED; 14
OR 15
3. THE CHANGE IN OWNERSH IP OR FORM OF 16
OWNERSHIP DOES NOT INVOLVE THE INTRODUCTION OF NEW PARTIES; AND 17
(II) THE ON–SITE WASTEWATER SYSTEM HAS BEEN INSPECTED 18
WITHIN THE IMMEDIATELY PRECEDING 5–YEAR PERIOD; OR 19
(2) THE PROPERTY TRANSFER IS THE INITIAL TRANS FER AFTER 20
CONSTRUCTION OF THE PROPERTY. 21
(C) (1) BEGINNING JULY 1, 2028, A CONTRACT FOR THE S ALE OF REAL 22
PROPERTY THAT IS SERVED BY AN ON–SITE WASTEWATER SYSTEM SHALL INCLUDE 23
A PROVISION REQUIRIN G, AS A CONDITION OF TH E SALE , THAT THE PURCHASER 24
ENSURE THAT THE SYSTEM HAS BEEN: 25
(I) INSPECTED BY AN IND IVIDUAL WHO IS LICEN SED UNDER 26
TITLE 9, SUBTITLE 11A OF THE ENVIRONMENT ARTICLE TO PERFORM PR OPERTY 27
TRANSFER INSPECTIONS FOR ON–SITE WASTEWATER SYSTEMS; AND 28
HOUSE BILL 146 5
(II) PUMPED OUT BY AN INDI VIDUAL WHO IS LICENSED UNDER 1
TITLE 9, SUBTITLE 11A OF THE ENVIRONMENT ARTICLE TO PERFORM PU MPING 2
SERVICES FOR ON–SITE WASTEWATER SYSTEMS. 3
(2) (I) SETTLEMENT ON THE CON TRACT FOR THE SALE O F THE 4
REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND THE PURCHAS ER 5
RECEIVE A REPORT ON THE PROPERTY TRANSFER INSPECTION PERFORMED UNDER 6
PARAGRAPH (1)(I) OF THIS SUBSECTION A ND CONFIRMATION OF T HE PUMPING 7
SERVICE PERFORMED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION. 8
(II) AT SETTLEMENT ON THE CONTRACT FOR THE SALE OF THE 9
REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 10
WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE REPORT AND 11
CONFIRMATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. 12
(D) UNLESS OTHERWISE REQUIRED AS PART OF A REAL ESTATE CONTRACT 13
OR MORTGAGE REQUIREM ENT, FOR PURPOSES OF MEET ING THE REQUIREMENTS 14
UNDER SUBSECTION (C)(1) OF THIS SECTION, A PROPERTY TRANSFER INSPECTION 15
OR PUMPING SERVICE P ERFORMED IN ACCORDAN CE WITH SUBSECTION (C)(1) OF 16
THIS SECTION IS VALID FOR 3 YEARS. 17
(E) (1) IF AN INSPECTION UNDE R THIS SECTION IDENT IFIES A FAILING 18
ON–SITE WASTEWATER SYSTEM, THE OWNER OF THE PROPERTY SHALL NOTIFY THE 19
DELEGATED APPROVAL AUTHORITY: 20
(1) (I) ABOUT THE FAILURE; AND 21
(2) (II) WHEN THE SYSTEM IS FIXED. 22
(2) A DELEGATED APPROVAL A UTHORITY SHALL APPRO VE, TO THE 23
EXTENT PRACTICABLE , THE REPAIR OR REPLAC EMENT OF ANY FAILED 24
COMPONENTS OF A DRAI N FIELD OF A FAILING ON–SITE WASTEWATER SYST EM 25
NECESSARY TO MEET THE REQUIREMENTS OF THIS SECTION. 26
Chapter 419 of the Acts of 2022 27
SECTION 6. AND BE IT FURTHER ENACTED, That, on or before July 1, [2025] 28
2027, the Department of the Environment, in consultation with the State Board of 29
On–Site Wastewater Professionals, shall adopt regulations to implement Section 2 of this 30
Act. 31
SECTION 7. AND BE IT FURTHER ENACTED, That, on or before July 1, [2026] 32
2028, all individuals who provide on–site wastewater services in the State shall be licensed 33
by the State Board of On–Site Wastewater Professionals. 34
6 HOUSE BILL 146
SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not be 1
interpreted to limit a mortgage company or financial institution from requiring an 2
inspection of an on–site wastewater system as part of contract terms for the sale or transfer 3
of real property. 4
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 5
1, 2026. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.