Environment - Water Quality Testing - Secondary Maximum Contaminant Levels Action Plan, the official text

WES MOORE, Governor                  Ch. 287

Chapter 287

                   (House Bill 1196)

AN ACT concerning

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

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

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

BY repealing and reenacting, without amendments,
         Article – Real Property
         Section 8A–101(a), (c), (d), (f), and (j)
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

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

                   Article – Environment

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

9–4B–01.

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

                   –1–
Ch. 287  2026 LAWS OF MARYLAND

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

        (C) (1) “FINISHED WATER” MEANS WATER THAT IS SUPPLIED TO A

DISTRIBUTION SYSTEM OF A MOBILE HOME PARK AND INTENDED FOR DISTRIBUTION

AND HUMAN CONSUMPTION.

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

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

        (E) “PARK” HAS THE MEANING STATED IN § 8A–101 OF THE REAL
PROPERTY ARTICLE.

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

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

        (H) “REMEDIATION” MEANS THE RESOLUTION OF ALL WATER QUALITY

ISSUES OF A FINISHED WATER SOURCE THAT RESULTS IN THE SAFETY AND

POTABILITY OF THE FINISHED WATER.

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

        (J) “WATER QUALITY ISSUE” MEANS A SITUATION IN WHICH:

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

                (2) THE DEPARTMENT HAS MADE A DETERMINATION THAT THE

FINISHED WATER OR WATER SUPPLY IS OF SUFFICIENTLY LOW QUALITY TO PRESENT

A RISK TO THE HEALTH, WELFARE, OR SAFETY OF INDIVIDUALS WHO USE THE
WATER.

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

         –2–
                      WES MOORE, Governor                Ch. 287

          (2) “WATER SUPPLY” INCLUDES:

          (I) PRIMARY SOURCE WATER;

          (II) RIVERS;

          (III) WATER SYSTEMS;

          (IV) WATER PURCHASED FROM ANOTHER SYSTEM; AND

          (V) WELLS.

9–4B–02.

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

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

          (1) ENSURE  THAT      MATERIALS,  INFORMATION,  AND

COMMUNICATIONS SHARED WITH RESIDENTS ARE AVAILABLE IN ENGLISH,

SPANISH, AND ANY OTHER LANGUAGE REQUESTED BY RESIDENTS;

                (2) INTERVIEW RESIDENTS TO UNDERSTAND ANY CONCERNS WITH
WATER QUALITY, INCLUDING ABNORMAL COLOR, ODOR, OR TASTE, DAMAGE TO
APPLIANCES, AND HEALTH OR ECONOMIC ISSUES; AND

                (3) DETERMINE AND APPROVE A SPECIFIC SAMPLING PLAN FOR

EACH PARK THAT REQUIRES WATER QUALITY TESTING NECESSARY TO ASSESS THE
QUALITY AND SAFETY OF FINISHED WATER AND EVALUATE CONCERNS OF THE

RESIDENTS, INCLUDING PERFORMING TESTING:

          (I) TO DETERMINE COMPLIANCE WITH:

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

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

                            –3–
Ch. 287   2026 LAWS OF MARYLAND

                         (II) TO EVALUATE WATER HARDNESS, IRON, CALCIUM, AND
TOTAL DISSOLVED SOLIDS; AND

                         (III) FOR CHEMICALS WITH HEALTH ADVISORY LEVELS IF THE
DEPARTMENT BELIEVES THE CHEMICALS MAY BE PRESENT IN FINISHED WATER.

9–4B–03.

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

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

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

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

AND

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

        (B) THE DEPARTMENT SHALL PRIORITIZE THE WATER QUALITY TESTING
REQUIRED UNDER SUBSECTION (A) OF THIS SECTION AS FOLLOWS:

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

                (2) PARKS IN A GEOGRAPHIC AREA KNOWN TO PRODUCE
CONTAMINANTS IN FINISHED WATER DUE TO GEOLOGY;

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

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

          (I) THE DEPARTMENT;

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

          (III) A LOCAL HEALTH DEPARTMENT;

                (5) PARKS SUPPLIED WITH FINISHED WATER FROM A PRIVATE OR
COMMUNITY WATER SUPPLY; AND

          –4–
              WES MOORE, Governor                              Ch. 287

     (6) ANY OTHER PARK DETERMINED BY THE DEPARTMENT.

        (C) IF THE NUMBER OF REQUESTS FOR WATER QUALITY TESTING UNDER
THE PROGRAM EXCEEDS THE CAPACITY OF THE DEPARTMENT TO PERFORM THE
TESTING, THE DEPARTMENT SHALL CREATE A WAITING LIST.

     (D) THE DEPARTMENT SHALL:

                (1) REQUIRE ANY FIELD SAMPLING AND ANALYSIS PERFORMED
UNDER THIS SUBTITLE TO BE PERFORMED BY A QUALIFIED PROFESSIONAL, AS
DETERMINED BY THE DEPARTMENT;

                (2) CONSIDER ALTERNATE TESTING METHODS TO AVOID TESTING
WITHIN A MOBILE HOME WITHOUT THE CONSENT OF THE RESIDENT; AND

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

                         (I) PERFORM OR REQUIRE THE PERFORMANCE OF
ADDITIONAL TESTING, INCLUDING CONTINUED OR MULTIPOINT TESTING OF
FINISHED WATER OR WATER SUPPLY, AND TESTING OF FLOW RATES AND WATER
PRESSURE;

              (II) PROVIDE NOTICE OF THE WATER QUALITY ISSUE:

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

AND

              2. TO THE LOCAL HOUSING AND HEALTH

DEPARTMENTS;

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

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

     (E) THE DEPARTMENT MAY:

                (1) DECLINE A REQUEST TO TEST FINISHED WATER FOR A SPECIFIC
CONTAMINANT IF:

                                –5–
Ch. 287     2026 LAWS OF MARYLAND

                         (I) THE DEPARTMENT HAS DATA SHOWING THAT THE
CONTAMINANT IS NEITHER NEAR NOR IN EXCESS OF THE APPLICABLE STANDARD;

OR

                         (II) THE TESTING IS ALREADY REQUIRED UNDER THE PARK’S
REGISTRATION AS A PUBLIC WATER SYSTEM; AND

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

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

9–4B–04.

        (A) (1) WITHIN 10 DAYS AFTER RECEIVING THE RESULTS OF A WATER
QUALITY TEST PERFORMED UNDER THE PROGRAM, THE DEPARTMENT SHALL
NOTIFY, IN WRITING:

            (I) THE PARK OWNER;

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

            (III) THE MUNICIPALITY IN WHICH THE PARK IS LOCATED, IF

ANY;

            (IV) THE RESIDENT REQUESTING THE TESTING, IF APPLICABLE;

AND

            (V) THE WATER SUPPLIER.

                (2) IF THE TEST RESULTS IDENTIFY A WATER QUALITY ISSUE, THE
DEPARTMENT SHALL INCLUDE IN THE NOTICE REQUIRED UNDER PARAGRAPH (1)
OF THIS SUBSECTION:

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

            (II) INFORMATION ON ANY VIOLATION OF WATER QUALITY

STANDARDS;

            –6–
                         WES MOORE, Governor             Ch. 287

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

            (IV) GUIDANCE ON ANY REMEDIATION PROCESSES.

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

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

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

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

                         (IV) MAKE AVAILABLE AN INTERPRETER, IF NECESSARY, FOR
THE RESIDENTS IN ANY LANGUAGE OTHER THAN ENGLISH;

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

                         (VI) POST THE TEST RESULTS IN ENGLISH, SPANISH, AND ANY

OTHER REQUESTED LANGUAGE IN A CONSPICUOUS PLACE IN THE COMMON AREAS

OF THE PARK;

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

            (VIII) USE PROFESSIONAL TRANSLATION SERVICES, IF

NECESSARY;

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

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

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

                         –7–
Ch. 287   2026 LAWS OF MARYLAND

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

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

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

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

9–4B–05.

        (A) ON OR BEFORE JANUARY 1, 2028, THE DEPARTMENT SHALL DEVELOP

A STATEWIDE ACTION PLAN TO ADDRESS AND IMPROVE WATER QUALITY IN MOBILE

HOME PARKS.

        (B) (1) IN DEVELOPING THE ACTION PLAN, THE DEPARTMENT SHALL
CONDUCT OUTREACH TO PARK RESIDENTS TO:

          (I) GATHER INFORMATION;

          (II) RECEIVE INPUT ABOUT WATER QUALITY CONCERNS;

                         (III) COORDINATE WITH RESIDENTS TO IDENTIFY
OPPORTUNITIES FOR IMPROVEMENT;

                         (IV) ENSURE PUBLIC COMMUNICATIONS ARE AVAILABLE IN
ENGLISH, SPANISH, AND ANY OTHER NECESSARY LANGUAGE;

                         (V) CONSULT OR COORDINATE WITH PARK OWNERS,
RESIDENTS, NONPROFIT ORGANIZATIONS, HIGHER EDUCATION INSTITUTIONS,
WATER PROVIDERS, AND COUNTY HEALTH AND HOUSING DEPARTMENTS;

          (VI) CONSIDER THE RESULTS OF ANY WATER QUALITY TESTING

TO DATE;

          –8–
          WES MOORE, Governor         Ch. 287

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

AND

          (VIII) COLLECT RELEVANT DATA ABOUT FINISHED WATER.

          (2) THE ACTION PLAN SHALL:

                         (I) INCLUDE A STATUS REPORT OF WATER QUALITY TESTING
PERFORMED TO DATE;

          (II) DEVELOP A STRATEGY FOR TESTING PARKS NOT YET

TESTED;

                         (III) IDENTIFY OPPORTUNITIES TO IMPROVE WATER QUALITY,
INCLUDING COLOR, TASTE, AND ODOR;

          (IV) INCLUDE TIMELINES FOR IMPLEMENTATION; AND

                         (V) INCLUDE A WRITTEN DESCRIPTION OF HOW RESIDENT
FEEDBACK WAS INCORPORATED INTO THE PLAN.

        (C) THE DEPARTMENT SHALL COORDINATE WITH HOUSING, HEALTH, OR
RELATED AGENCIES OF LOCAL JURISDICTIONS TO IDENTIFY POTENTIAL FUNDING,
INCLUDING GRANT MONEY, TO SUPPORT REMEDIATION, TO IMPROVE WATER
QUALITY, AND TO ENFORCE THE REQUIREMENTS OF THIS SUBTITLE.

9–4B–06.

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

          (1) NOTICES OF VIOLATION;

          (2) PENALTIES; OR

          (3) ENFORCEMENT ORDERS.

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

                             –9–
Ch. 287  2026 LAWS OF MARYLAND

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

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

                                             Article – Real Property

8A–101.

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

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

                           (i) Transportable in one or more sections;

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

                           (iii) Built on a permanent chassis; and

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

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

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

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

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

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

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

         (b) The action plan required under subsection (a) of this section shall include:
                                                          – 10 –
WES MOORE, Governor  Ch. 287

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

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

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

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

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

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

                           (i) community water systems; and

                           (ii) nontransient, noncommunity water systems.

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

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

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

                  (3) the Maryland Rural Water Association; and

                  (4) any other person the Department determines relevant.

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

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

                                                          – 11 –
Ch. 287  2026 LAWS OF MARYLAND

Approved by the Governor, April 28, 2026.

         – 12 –