Environment - Water Quality Testing - Secondary Maximum Contaminant Levels Action Plan

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING 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.
*sb0940*

SENATE BILL 940
M3, N1 6lr1811
CF HB 1196
By: Senator Henson
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 21, 2026

CHAPTER ______

AN ACT concerning 1

Environment – Mobile Home Parks – Water Quality Testing – Secondary 2
Maximum Contaminant Levels Action Plan 3

FOR the purpose of requiring the Department of the Environment to develop a certain 4
mobile home park water quality testing program on or before a certain date; 5
requiring the Department to perform water quality testing at a certain percentage 6
of the total number of mobile home parks by certain dates; requiring the Department 7
to provide certain notice of certain water quality testing results in a certain manner; 8
requiring a mobile home park owner to take certain actions under certain 9
circumstances; requiring the Department to develop a certain statewide action plan 10
to address water quality at mobile home parks for secondary maximum contaminant 11
level enforcement; and generally relating to water quality testing and mobile home 12
parks secondary maximum contaminant levels. 13

BY adding to 14
Article – Environment 15
Section 9–4B–01 through 9–4B–06 to be under the new subtitle “Subtitle 4B. Mobile 16
Home Park Water Quality Testing Program” 17
Annotated Code of Maryland 18
(2014 Replacement Volume and 2025 Supplement) 19

BY repealing and reenacting, without amendments, 20
Article – Real Property 21
Section 8A–101(a), (c), (d), (f), and (j) 22
Annotated Code of Maryland 23
2 SENATE BILL 940

(2023 Replacement Volume and 2025 Supplement) 1

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3

Article – Environment 4

SUBTITLE 4B. MOBILE HOME PARK WATER QUALITY TESTING PROGRAM. 5

9–4B–01. 6

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8

(B) “ACTION PLAN” MEANS THE STATEWIDE ACTION PLAN DEVELOPED BY 9
THE DEPARTMENT IN ACCORDANCE WITH § 9–4B–05 OF THIS SUBTITLE. 10

(C) (1) “FINISHED WATER ” MEANS WATER THAT IS SUPPLIED TO A 11
DISTRIBUTION SYSTEM OF A MOBILE HOME PARK AND INTENDED FOR DISTRIBUTION 12
AND HUMAN CONSUMPTION. 13

(2) “FINISHED WATER” INCLUDES DRINKING WATER PRESENT IN THE 14
SYSTEM. 15

(D) “MOBILE HOME” HAS THE MEANING STATED IN § 8A–101 OF THE REAL 16
PROPERTY ARTICLE. 17

(E) “PARK” HAS THE MEANING STAT ED IN § 8A–101 OF TH E REAL 18
PROPERTY ARTICLE. 19

(F) “PARK OWNER” HAS THE MEANING STAT ED IN § 8A–101 OF THE REAL 20
PROPERTY ARTICLE. 21

(G) “PROGRAM” MEANS THE MOBILE HOME PARK WATER QUALITY TESTING 22
PROGRAM ESTABLISHED UNDER THIS SUBTITLE. 23

(H) “REMEDIATION” MEANS THE RESOLUTION OF ALL WATER QUALITY 24
ISSUES OF A FINISHED WATER SOURCE THAT RE SULTS IN THE SAFETY AND 25
POTABILITY OF THE FINISHED WATER. 26

(I) “RESIDENT” HAS THE MEANING STAT ED IN § 8A–101 OF THE REAL 27
PROPERTY ARTICLE. 28

(J) “WATER QUALITY ISSUE” MEANS A SITUATION IN WHICH: 29
SENATE BILL 940 3

(1) THE FINISHED WATER FA ILS TO COMPLY WITH A MAXIMUM 1
CONTAMINANT LEVEL STANDARD SET BY THE U.S. ENVIRONMENTAL PROTECTION 2
AGENCY OR THE DEPARTMENT FOR DRINKING WATER QUALITY; OR 3

(2) THE DEPARTMENT HAS MADE A DETERMINATION THAT T HE 4
FINISHED WATER OR WATER SUPPLY IS OF SUFFICIENTLY LOW QUALITY TO PRESENT 5
A RISK TO THE HEALTH , WELFARE, OR SAFETY OF INDIVID UALS WHO USE THE 6
WATER. 7

(K) (1) “WATER SUPPLY” MEANS THE SUPPLY OF A SOURCE OF FINISHED 8
WATER TO RESIDENTS. 9

(2) “WATER SUPPLY” INCLUDES: 10

(I) PRIMARY SOURCE WATER; 11

(II) RIVERS; 12

(III) WATER SYSTEMS; 13

(IV) WATER PURCHASED FROM ANOTHER SYSTEM; AND 14

(V) WELLS. 15

9–4B–02. 16

(A) ON OR BEFORE JANUARY 1, 2027, AND IN ACCORDANCE WI TH THIS 17
SUBTITLE, THE DEPARTMENT SHALL DEVELOP AND BEGIN THE IMPLEMENTATION 18
OF A MOBILE HOME PARK WATER QUALITY TESTING PROGRAM. 19

(B) IN DEVELOPING THE PROGRAM, THE DEPARTMENT SHALL: 20

(1) ENSURE THAT MATERIALS , INFORMATION, AND 21
COMMUNICATIONS SHARE D WITH RESIDENTS ARE AVAILABLE IN ENGLISH, 22
SPANISH, AND ANY OTHER LANGUAGE REQUESTED BY RESIDENTS; 23

(2) INTERVIEW RESIDENTS T O UNDERSTAND ANY CON CERNS WITH 24
WATER QUALITY , INCLUDING ABNORMAL C OLOR, ODOR, OR TASTE , DAMAGE TO 25
APPLIANCES, AND HEALTH OR ECONOMIC ISSUES; AND 26

(3) DETERMINE AND APPROVE A SPECIFIC SAMP LING PLAN FOR 27
EACH PARK THAT REQUIRES WATER QUALITY TESTING NECESSARY TO ASSESS THE 28
4 SENATE BILL 940

QUALITY AND SAFETY O F FINISHED WATER AND EVALUATE CONCERNS OF THE 1
RESIDENTS, INCLUDING PERFORMING TESTING: 2

(I) TO DETERMINE COMPLIANCE WITH: 3

1. PRIMARY AND SECONDARY DRINKING WATER 4
STANDARDS UNDER THIS TITLE; AND 5

2. MAXIMUM OR SECONDARY MAXIMUM CONTAMINANT 6
LEVELS ESTABLISHED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY; 7

(II) TO EVALUATE WATER HAR DNESS, IRON, CALCIUM, AND 8
TOTAL DISSOLVED SOLIDS; AND 9

(III) FOR CHEMICALS WITH HE ALTH ADVISORY LEVELS IF THE 10
DEPARTMENT BELIEVES THE CHEMICALS MAY BE PRESENT IN FINISHED WATER. 11

9–4B–03. 12

(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE DEPARTMENT 13
SHALL IMPLEMENT WATER QUALITY TESTING UNDER THE PROGRAM: 14

(1) BY JANUARY 1, 2028, AT 25% OF THE TOTAL NUMBER OF PARKS; 15

(2) BY JANUARY 1, 2029, AT 50% OF THE TOTAL NUMBER OF PARKS; 16

(3) BY JANUARY 1, 2030, AT 75% OF THE TOTAL NUMBER OF PARKS; 17
AND 18

(4) BY JANUARY 1, 2031, AT 100% OF THE TOTAL NUMBER OF PARKS. 19

(B) THE DEPARTMENT SHALL PRIO RITIZE THE WATER QUA LITY TESTING 20
REQUIRED UNDER SUBSECTION (A) OF THIS SECTION AS FOLLOWS: 21

(1) PARKS LOCATED IN A CE NSUS BLOCK WHERE AT LEAST 40% OF 22
THE RESIDENTS IDENTIFY AS A RACIAL OR ETHNIC MINORITY; 23

(2) PARKS IN A GEOGRAPHIC AREA KNOWN TO PRODUC E 24
CONTAMINANTS IN FINISHED WATER DUE TO GEOLOGY; 25

(3) PARKS IN WHICH THE RESIDENTS HAVE REQUESTED TESTING; 26

SENATE BILL 940 5

(4) PARKS IN WHICH THE RESIDENTS HAVE SUBMITTED COMPLAINTS 1
REGARDING WATER QUALITY TO: 2

(I) THE DEPARTMENT; 3

(II) THE STATE OR A LOCAL HOUSING AGENCY; OR 4

(III) A LOCAL HEALTH DEPARTMENT; 5

(5) PARKS SUPPLIED WITH F INISHED WATER FROM A PRIVATE OR 6
COMMUNITY WATER SUPPLY; AND 7

(6) ANY OTHER PARK DETERMINED BY THE DEPARTMENT. 8

(C) IF THE N UMBER OF REQUESTS FO R WATER QUALITY TEST ING UNDER 9
THE PROGRAM EXCEEDS THE CAPACITY OF THE DEPARTMENT TO PERFORM THE 10
TESTING, THE DEPARTMENT SHALL CREATE A WAITING LIST. 11

(D) THE DEPARTMENT SHALL: 12

(1) REQUIRE ANY FIELD SAM PLING AND ANALYSIS P ERFORMED 13
UNDER THIS SUBTITLE TO BE PERFORMED BY A QUALIFIED PROFESSION AL, AS 14
DETERMINED BY THE DEPARTMENT; 15

(2) CONSIDER ALTERNATE TE STING METHODS TO AVO ID TESTING 16
WITHIN A MOBILE HOME WITHOUT THE CONSENT OF THE RESIDENT; AND 17

(3) ON A FINDING BY THE DEPARTMENT OF A WATER QUALITY ISSUE: 18

(I) PERFORM OR REQUIRE TH E PERFORMANCE OF 19
ADDITIONAL TESTING , INCLUDING CONTINUED OR MULTIPOINT TESTIN G OF 20
FINISHED WATER OR WA TER SUPPLY , AND TESTING OF FLOW RATES AND WATER 21
PRESSURE; 22

(II) PROVIDE NOTICE OF THE WATER QUALITY ISSUE: 23

1. IN ACCORDANCE WITH § 9–4B–04 OF THIS SUBTITLE; 24
AND 25

2. TO THE LOCAL HOUSING AND HEALTH 26
DEPARTMENTS; 27

6 SENATE BILL 940

(III) REVIEW AND APPROVE ANY REMEDIATION PLAN PREPARED 1
UNDER § 9–4B–04(B) OF THIS SUBTITLE , OR DENY THE PLAN WIT H WRITTEN 2
EXPLANATIONS AND CORRECTIVE RECOMMENDATIONS TO THE PLAN; AND 3

(IV) NOTIFY THE RESIDENTS AND THE LOCAL HEALTH AND 4
HOUSING DEPARTMENTS ON COMPLETION OF THE REMEDIATION. 5

(E) THE DEPARTMENT MAY: 6

(1) DECLINE A REQUEST TO TEST FI NISHED WATER FOR A S PECIFIC 7
CONTAMINANT IF: 8

(I) THE DEPARTMENT HAS DATA S HOWING THAT THE 9
CONTAMINANT IS NEITHER NEAR NOR IN EXCES S OF THE APPLICABLE STANDARD; 10
OR 11

(II) THE TESTING IS ALREAD Y REQUIRED UNDER THE PARK’S 12
REGISTRATION AS A PUBLIC WATER SYSTEM; AND 13

(2) CONTRACT WITH A THIRD PARTY TO PERFORM THE TESTING 14
REQUIRED UNDER THIS SUBTITLE. 15

(F) ANY TESTING PERFORMED UNDER THE PROGRAM IS IN ADDITION TO 16
ANY OTHER TESTING THE DEPARTMENT PERFORMS FOR PARKS. 17

9–4B–04. 18

(A) (1) WITHIN 10 DAYS AFTER RECEIVING THE RESULTS OF A WAT ER 19
QUALITY TEST PERFORM ED UNDER THE PROGRAM , THE DEPARTMENT SHALL 20
NOTIFY, IN WRITING: 21

(I) THE PARK OWNER; 22

(II) THE LOCAL HEALTH DEPARTMENT IN THE COUNTY WHERE 23
THE PARK IS LOCATED; 24

(III) THE MUN ICIPALITY IN WHICH T HE PARK IS LOCATED , IF 25
ANY; 26

(IV) THE RESIDENT REQUESTING THE TESTING, IF APPLICABLE; 27
AND 28

(V) THE WATER SUPPLIER. 29
SENATE BILL 940 7

(2) IF THE TEST RESULTS I DENTIFY A WATER QUAL ITY ISSUE , THE 1
DEPARTMENT SHALL INCL UDE IN THE NOTICE RE QUIRED UNDER PARAGRAPH (1) 2
OF THIS SUBSECTION: 3

(I) A SUMMARY OF THE TEST RESULTS AND INFORMATION ON 4
THE AVAILABILITY OF COMPLETE RESULTS; 5

(II) INFORMATION ON ANY VI OLATION OF WATER QUA LITY 6
STANDARDS; 7

(III) GUIDANCE ON ACTIONS RESIDENTS SHOULD TAKE IN LIGHT 8
OF A VIOLATION; AND 9

(IV) GUIDANCE ON ANY REMEDIATION PROCESSES. 10

(B) ON RECEIVING A NOTICE UNDER SUBSECTION (A)(2) OF THIS SECTION, 11
THE PARK OWNER SHALL: 12

(1) (I) NOTIFY THE RESIDENTS WITHIN 5 DAYS AFTER RECEIVING 13
THE NOTICE; 14

(II) PROVIDE THE INFORMATION AND GUIDANCE PROVIDED BY 15
THE DEPARTMENT TO THE RESIDENTS; 16

(III) MAKE THE NOTICE AVAILABLE IN ENGLISH, SPANISH, AND 17
ANY OTHER LANGUAGE REQUESTED BY THE RESIDENTS; 18

(IV) MAKE AVAILABLE AN INT ERPRETER, IF NECESSARY , FOR 19
THE RESIDENTS IN ANY LANGUAGE OTHER THAN ENGLISH; 20

(V) CERTIFY TO THE DEPARTMENT COMPLIANCE WITH ITEMS 21
(I) THROUGH (IV) OF THIS ITEM; 22

(VI) POST THE TEST RESULTS IN ENGLISH, SPANISH, AND ANY 23
OTHER REQUESTED LANGUAGE IN A CONSPICUOU S PLACE IN THE COMMO N AREAS 24
OF THE PARK; 25

(VII) KEEP THE NOTICE POSTED FOR AT LEAST 120 DAYS; AND 26

(VIII) USE PROFESSIONAL TRAN SLATION SERVICES , IF 27
NECESSARY; 28

8 SENATE BILL 940

(2) COMPLY WITH ANY ORDER ISSUED BY THE DEPARTMENT; AND 1

(3) (I) WITHIN 120 DAYS AFTER RECEIVING A NOTICE UNDER 2
SUBSECTION (A)(2) OF THIS SECTION AND IN A MANNER REQUIRED BY THE 3
DEPARTMENT, PREPARE AND SUBMIT A REMEDIATION PLAN TO THE DEPARTMENT 4
TO ADDRESS THE WATER QUALITY ISSUE , INCLUDING DEADLINES AND STATUS 5
UPDATES; 6

(II) COMPLETE REMEDIATION BASED ON A SCHEDULE SET BY 7
THE DEPARTMENT; AND 8

(III) CONSULT WITH THE DEPARTMENT AND PROVID E 9
REASONABLE ACCESS TO DRINKING WATER OR APPROVED FILTERS, IF NECESSARY, 10
TO ADDRESS ACUTE HEALTH RISKS. 11

(C) A PARK OWNER MAY NOT IMPOSE THE COST OF COMPLYING WITH THIS 12
SUBTITLE ON THE RESIDENTS. 13

(D) (1) THE DEPARTMENT MAY ISSUE AN ORDER REQUIRING T HE PARK 14
OWNER TO COMPLY WITH SUBSECTION (B) OF THIS SECTION. 15

(2) WITHIN 20 DAYS AFTER RECEIVING AN ORDER ISSUED UNDE R 16
PARAGRAPH (1) OF THIS SUBSECTION, A PARK OWNER MAY APPEAL THE ORDER BY 17
REQUESTING A HEARING WITH THE DEPARTMENT. 18

9–4B–05. 19

(A) ON OR BEFORE JANUARY 1, 2028, THE DEPARTMENT SHALL DEVELOP 20
A STATEWIDE ACTION PLAN TO ADDRESS AND IMPROVE WATER QUALITY IN MOBILE 21
HOME PARKS. 22

(B) (1) IN DEVELOPING THE ACT ION PLAN , THE DEPARTMENT SHALL 23
CONDUCT OUTREACH TO PARK RESIDENTS TO: 24

(I) GATHER INFORMATION; 25

(II) RECEIVE INPUT ABOUT WATER QUALITY CONCERNS; 26

(III) COORDINATE WITH RESID ENTS TO IDENTIFY 27
OPPORTUNITIES FOR IMPROVEMENT; 28

(IV) ENSURE PUBLIC COMMUNI CATIONS ARE AVAILABL E IN 29
ENGLISH, SPANISH, AND ANY OTHER NECESSARY LANGUAGE; 30
SENATE BILL 940 9

(V) CONSULT OR COORDINATE WITH PARK OWNERS , 1
RESIDENTS, NONPROFIT ORGANIZATI ONS, HIGHER EDUCATION INS TITUTIONS, 2
WATER PROVIDERS, AND COUNTY HEALTH AND HOUSING DEPARTMENTS; 3

(VI) CONSIDER THE RESULTS OF ANY WATER QUALITY TESTING 4
TO DATE; 5

(VII) ASSESS INFRASTRUCTURE AT SAMPLE PARKS IN 6
CONSIDERATION OF THE PRIORITY LISTED UNDER § 9–4B–03(B) OF THIS SUBTITLE; 7
AND 8

(VIII) COLLECT RELEVANT DATA ABOUT FINISHED WATER. 9

(2) THE ACTION PLAN SHALL: 10

(I) INCLUDE A STATUS REPO RT OF WATER QUALITY TESTING 11
PERFORMED TO DATE; 12

(II) DEVELOP A STRATEGY FO R TESTING PARKS NOT YET 13
TESTED; 14

(III) IDENTIFY OPPORTUNITIE S TO IMPROVE WATER QUALITY, 15
INCLUDING COLOR, TASTE, AND ODOR; 16

(IV) INCLUDE TIMELINES FOR IMPLEMENTATION; AND 17

(V) INCLUDE A WRITTEN DES CRIPTION OF HOW RESI DENT 18
FEEDBACK WAS INCORPORATED INTO THE PLAN. 19

(C) THE DEPARTMENT SHALL COOR DINATE WITH HOUSING , HEALTH, OR 20
RELATED AGENCIES OF LOCAL JURISDICTIONS TO I DENTIFY POTENTIAL FUNDING, 21
INCLUDING GRANT MONE Y, TO SUPPORT REMEDIATI ON, TO IMPROVE WATER 22
QUALITY, AND TO ENFORCE THE REQUIREMENTS OF THIS SUBTITLE. 23

9–4B–06. 24

(A) TO ENFORCE THIS SUBTITLE, THE DEPARTMENT SHALL ISSUE: 25

(1) NOTICES OF VIOLATION; 26

(2) PENALTIES; OR 27

10 SENATE BILL 940

(3) ENFORCEMENT ORDERS. 1

(B) (1) IF A PARK OWNER FAILS TO COMPLY WITH THE R EQUIREMENTS 2
OF THIS SUBTITLE, THE DEPARTMENT MAY IMPOSE AN ADMINISTRATIVE PENALTY 3
OF UP TO $10,000 FOR EACH VIOLATION AND $5,000 FOR EACH SUCCESSIVE MONTH 4
OF CONTINUED VIOLATIONS. 5

(2) IT IS A VIOLATION OF THIS SUBTITLE TO EVICT OR THREATEN TO 6
EVICT A RESIDENT BASED ON AN ACTION TAKEN UNDER THIS SUBTITLE. 7

(3) NOTHING IN THIS SECTION SHALL PRECLUDE A RESIDENT FROM 8
TAKING LEGAL ACTION AGAINST A PARK OWNER. 9

Article – Real Property 10

8A–101. 11

(a) In this title the following words have the meanings indicated. 12

(c) (1) “Mobile home” means a structure: 13

(i) Transportable in one or more sections; 14

(ii) 8 or more body feet in width and 30 or more body feet in length; 15

(iii) Built on a permanent chassis; and 16

(iv) Designed to be used as a dwelling, with or without a permanent 17
foundation, when connected to the required utilities. 18

(2) “Mobile home” includes t he plumbing, heating, air conditioning, and 19
electrical systems contained in the structure. 20

(d) “Park” means any property leased or held out for lease to two or more residents 21
or prospective residents. 22

(f) “Park owner” means any person who has interest in the park and includes any 23
person acting as the agent of a park owner as to the managerial or operations acts taken 24
as the agent of the owner. 25

(j) (1) “Resident” means a mobile home owner who leases or rents a site for 26
residential use and resides in a mobile home park. 27

(2) “Resident” includes a person who maintains a permanent residence 28
with the mobile home owner, and who obtains title to the mobile home after the death of 29
the owner under the terms of a will or by operation of law. 30
SENATE BILL 940 11

(a) The Department of the Environment shall develop an action plan for the 1
enforcement of standards for secondary maximum contaminant levels to address water 2
discoloring, taste, and odor at community water systems and nontransient, noncommunity 3
water systems. 4

(b) The action plan required under subsection (a) of this section shall include: 5

(1) a listing of the presence and concentrations of secondary contaminants 6
in community water systems and nontransient, noncommunity water systems; 7

(2) a draft approach fo r the enforcement of standards for secondary 8
maximum contaminant levels; 9

(3) a summary of the regulatory enforcement actions for secondary 10
maximum contaminant levels in place in Alabama, Arkansas, California, Delaware, 11
Florida, Georgia, Hawaii, and Maine; 12

(4) a decision–matrix including the feasibility, benefits, and challenges of 13
enforcing secondary maximum contaminant levels in nontransient, noncommunity water 14
systems; 15

(5) an evaluation of potential costs to be borne by community water 16
systems and nontransient, noncommunity water systems in order to comply with secondary 17
maximum contaminant level enforcement; and 18

(6) a projected time frame for implementing the enforcement of secondary 19
maximum contaminant levels in: 20

(i) community water systems; and 21

(ii) nontransient, noncommunity water systems. 22

(c) The Department shall consult with stakeholders, including: 23

(1) owners and operators of and residents serviced by community water 24
systems and nontransient, noncommunity water systems; 25

(2) community and nonprofit organizations that represent affected 26
residents; 27

(3) the Maryland Rural Water Association; and 28

(4) any other person the Department determines relevant. 29

12 SENATE BILL 940

(d) On or before December 1, 2026, the Department shall report its f indings and 1
recommendations to the General Assembly, in accordance with § 2 –1257 of the State 2
Government Article. 3

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October July 1, 2026. It shall remain effective for a period of 1 year and 1 month and, at 5
the end of July 31, 2027, this Act, with no further action required by the General Assembly, 6
shall be abrogated and of no further force and effect. 7

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.