Commission on Re-Imagining Health Care in Maryland
Summary
HB1367 amends Maryland’s lead testing and inspection law to add a specific civil penalty for falsifying information submitted in required lead-related reports. The bill applies to reports filed under § 6-818(a)(1)(iii), which are the verified reports of lead-contaminated dust testing or visual inspections that must be submitted to the Department, the property owner, and any tenant. Under the bill, a person who falsifies information in one of these reports is liable for a civil penalty of up to $50,000, and each day the violation continues is treated as a separate violation.
The bill also leaves in place existing requirements that lead testing and inspections be performed by Department-accredited persons who are not related parties to the owner, and it preserves the rule that a compliance report is generally conclusive proof of compliance unless there is proof of actual fraud, improper accreditation/supervision, or failure to respond to a complaint. The effective date is October 1, 2025.
Impact
HB1367 strengthens enforcement of Maryland’s lead risk reduction and inspection framework by creating a new, high-dollar civil penalty for falsifying required lead inspection or testing reports. It does not change the underlying accreditation, reporting, or tenant-notice requirements, but it adds a specific deterrent aimed at false certifications and inaccurate submissions. The bill affects property owners, accredited inspectors/supervisors, lead testing firms, tenants in affected properties, and the Department responsible for oversight and enforcement.
Sentiment
The bill appears to have broad legislative support, passing the House 132-5 and the Senate 45-1. The voting margins suggest strong agreement that false reporting in lead inspections is a serious problem warranting a meaningful penalty. No committee transcript was provided, so there is no recorded floor or committee debate to indicate significant opposition or amendment-based controversy.
Contention
The main point of potential contention is the size and structure of the penalty: a civil penalty of up to $50,000, with each day treated as a separate violation, is substantial and could be viewed as especially burdensome for individuals or businesses involved in lead testing and inspection. Another possible issue is that the bill targets falsification in reports rather than broader compliance failures, so enforcement discretion and proof of falsification may be important. However, the recorded votes indicate little visible opposition in the legislature.