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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*sb0165*
SENATE BILL 165
M3, N1 6lr1111
(PRE–FILED) CF HB 146
By: Senator Brooks
Requested: October 7, 2025
Introduced and read first time: January 14, 2026
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Recommitted to Education, Energy, and the Environment, March 7, 2026
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 20, 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 cert ain 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 owner 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; extending certain dates by 13
which the Department of the Environment is required to adopt certain regulations 14
and by which certain individuals are required to be licensed by the State Board of 15
On–Site Wastewater Professionals; and generally relating to on –site wastewater 16
systems. 17
BY repealing and reenacting, without amendments, 18
Article – Environment 19
Section 9–11A–01(a) and (e) 20
Annotated Code of Maryland 21
2 SENATE BILL 165
(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 FOLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
SENATE BILL 165 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 AUTHORITY BY THE DEPARTMENT. 3
(3) “ON–SITE WASTEWATER SYSTEM” HAS THE MEANING STATED IN § 4
9–11A–01 OF THE ENVIRONMENT ARTICLE. 5
(B) ON OR BEFORE JULY 1, 2028, AND BEFORE EACH NEW TENANT 6
OCCUPIES THE PROPERT Y THEREAFTER , A LANDLORD OF PROPER TY THAT IS 7
SERVED BY AN ON –SITE WASTEWATER SYST EM SHALL ENSURE THAT THE SYSTEM 8
HAS BEEN: 9
(1) INSPECTED BY AN INDIVIDUAL WHO IS LICENSED UNDER TITLE 9, 10
SUBTITLE 11A OF THE ENVIRONMENT ARTICLE TO PERFORM PROPERTY TRANSFER 11
INSPECTIONS FOR ON–SITE WASTEWATER SYSTEMS; AND 12
(2) PUMPED OUT BY AN INDIVIDUAL WHO IS LICENSED UNDER TITLE 13
9, SUBTITLE 11A OF THE ENVIRONMENT ARTICLE TO PERFORM PUMPING SERVICES 14
FOR ON–SITE WASTEWATER SYSTEMS. 15
(C) FOR PURPOSES OF MEETING THE REQUIREMENTS UNDER SUBSECTION 16
(B) OF THIS SECTION , A PROPERTY TRANSFER INSPECTION OR PUMPIN G SERVICE 17
PERFORMED IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION IS VALID FOR 18
3 YEARS. 19
(D) IF AN INSPECTION UNDER THIS SECTION IDENTIFIES A FAILING ON–SITE 20
WASTEWATER SYSTEM , THE LANDLORD OF THE PROPERTY SHALL NOTIF Y THE 21
DELEGATED APPROVAL AUTHORITY: 22
(1) ABOUT THE FAILURE; AND 23
(2) WHEN THE SYSTEM IS FIXED. 24
10–716. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “DELEGATED APPROVAL AU THORITY” MEANS THE LOCAL 28
HEALTH DEPARTMENT OR COUNTY AGENCY THAT H AS RECEIVED AN ON –SITE 29
SEWAGE DISPOSAL SYSTEM DELEGATION OF AUTHORITY BY THE DEPARTMENT. 30
4 SENATE BILL 165
(3) “ON–SITE WASTEWATER SYSTEM” HAS THE MEANING STATED IN § 1
9–11A–01 OF THE ENVIRONMENT ARTICLE. 2
(B) THE REQUIREMENTS OF THIS SECTION DO NOT APPLY IF: 3
(1) (I) 1. THE PROPERTY TRANSFER INVOLVES THE TRANSFER 4
OF RESIDENTIAL REAL PROPERTY THAT IS BETWEEN: 5
A. CURRENT SPOUSES; 6
B. A PARENT AND A CHILD; OR 7
C. SIBLINGS, BY WHOLE BLOOD , IF THE PROPERTY IS 8
HELD IN TRUST; 9
2. THE PROPERTY’S MORTGAGE IS BEING REFINANCED; 10
OR 11
3. THE CHANGE IN OWNERSH IP OR FORM OF 12
OWNERSHIP DOES NOT INVOLVE THE INTRODUCTION OF NEW PARTIES; AND 13
(II) THE ON–SITE WASTEWATER SYSTEM HAS BEEN INSPECTED 14
WITHIN THE IMMEDIATELY PRECEDING 5–YEAR PERIOD; OR 15
(2) THE PROPERTY TRANSFER IS THE INIT IAL TRANSFER AFTER 16
CONSTRUCTION OF THE PROPERTY. 17
(C) (1) BEGINNING JULY 1, 2028, A CONTRACT FOR THE S ALE OF REAL 18
PROPERTY THAT IS SERVED BY AN ON–SITE WASTEWATER SYSTEM SHALL INCLUDE 19
A PROVISION REQUIRIN G, AS A CONDITION OF TH E SALE , THAT THE PURCHASER 20
ENSURE THAT THE SYSTEM HAS BEEN: 21
(I) INSPECTED BY AN INDIV IDUAL WHO IS LICENSE D UNDER 22
TITLE 9, SUBTITLE 11A OF THE ENVIRONMENT ARTICLE TO PERFORM PR OPERTY 23
TRANSFER INSPECTIONS FOR ON–SITE WASTEWATER SYSTEMS; AND 24
(II) PUMPED OUT BY AN INDIVIDUAL WHO IS LICENSED UNDER 25
TITLE 9, SUBTITLE 11A OF THE ENVIRONMENT ARTICLE TO PERFORM PU MPING 26
SERVICES FOR ON–SITE WASTEWATER SYSTEMS. 27
(2) (I) SETTLEMENT ON THE CON TRACT FOR THE SALE O F THE 28
REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND TH E PURCHASER 29
RECEIVE A REPORT ON THE PROPERTY TRANSFER INSPECTION PERFORMED UNDER 30
SENATE BILL 165 5
PARAGRAPH (1)(I) OF THIS SUBSECTION A ND CONFIRMATION OF T HE PUMPING 1
SERVICE PERFORMED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION. 2
(II) AT SETTLEMENT ON THE CONTRACT FOR THE SALE OF THE 3
REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 4
WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE REPORT AND 5
CONFIRMATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. 6
(D) UNLESS OTHERWISE REQUIRED AS PART OF A REAL ESTATE CONTRACT 7
OR MORTGAGE REQUIREM ENT, FOR PURPOSES OF MEET ING THE REQUIREMENTS 8
UNDER SUBSECTION (C)(1) OF THIS SECTION, A PROPERTY TRANSFER INSPECTION 9
OR PUMPING SERVICE P ERFORMED IN ACCORDAN CE WITH SUBSECTION (C)(1) OF 10
THIS SECTION IS VALID FOR 3 YEARS. 11
(E) IF AN INSPECTION UNDER THIS SECTION IDENTIFIES A FAILING ON–SITE 12
WASTEWATER SYSTEM , THE OWNER OF THE PRO PERTY SHALL NOTIFY T HE 13
DELEGATED APPROVAL AUTHORITY: 14
(1) ABOUT THE FAILURE; AND 15
(2) WHEN THE SYSTEM IS FIXED. 16
Chapter 419 of the Acts of 2022 17
SECTION 6. AND BE IT FURTHER ENACTED, That, on or before July 1, [2025] 18
2027, the Department of the Environment, in consultation with the State Board of 19
On–Site Wastewater Professionals, shall adopt regulations to implement Section 2 of this 20
Act. 21
SECTION 7. AND BE IT FURTHER ENACTED, That, on or before July 1, [2026] 22
2028, all individuals who provide on–site wastewater services in the State shall be licensed 23
by the State Board of On–Site Wastewater Professionals. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not be 25
interpreted to limit a mortgage company or financial institution from requiring an 26
inspection of an on–site wastewater system as part of contract terms for the sale or transfer 27
of real property. 28
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
June 1, 2026. 30