Maryland 2022 Regular Session

Maryland House Bill HB1372 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1372
6	6
7	7	HOUSE BILL 1372
8	8	M3, L1 2lr0417
9	9
10	10	By: Delegates Lehman, Acevero, Charles, Foley, Henson, Landis, Proctor, Ruth,
11	11	Terrasa, and Turner
12	12	Introduced and read first time: February 11, 2022
13	13	Assigned to: Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Environment – Green Infrastructure Rebate Program – Establishment 2
20	20
21	21	FOR the purpose of establishing the Green Infrastructure Rebate Program; requiring the 3
22	22	Department of the Environment to administer the Program in collaboration with 4
23	23	each county that elects to participate in the Program; authorizing the Department 5
24	24	to delegate authority to administer the Program to a participating county; requiring 6
25	25	the Department and participating counties to provide a certain percentage of the cost 7
26	26	of a rebate under the Program; and generally relating to the Green Infrastructure 8
27	27	Rebate Program. 9
28	28
29	29	BY adding to 10
30	30	Article – Environment 11
31	31	Section 4–1001 through 4–1008 to be under the new subtitle “Subtitle 10. Green 12
32	32	Infrastructure Rebate Program” 13
33	33	Annotated Code of Maryland 14
34	34	(2013 Replacement Volume and 2021 Supplement) 15
35	35
36	36	BY repealing and reenacting, with amendments, 16
37	37	Article – Environment 17
38	38	Section 9–320 18
39	39	Annotated Code of Maryland 19
40	40	(2014 Replacement Volume and 2021 Supplement) 20
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
43	43	That the Laws of Maryland read as follows: 22
44	44
45	45	Article – Environment 23
46	46
47	47	SUBTITLE 10. GREEN INFRASTRUCTURE REBATE PROGRAM. 24 2 HOUSE BILL 1372
48	48
49	49
50	50
51	51	4–1001. 1
52	52
53	53	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
54	54	INDICATED. 3
55	55
56	56	(B) “GREEN INFRASTRUCTURE PROJECT” MEANS THE FOLLOWING 4
57	57	STORMWATER MANAGEMENT PRACTICES ELIGIBLE F OR A REBATE UNDER TH E 5
58	58	PROGRAM: 6
59	59
60	60	(1) RAIN BARRELS; 7
61	61
62	62	(2) CISTERNS; 8
63	63
64	64	(3) URBAN TREE CANOPY; 9
65	65
66	66	(4) RAIN GARDENS; 10
67	67
68	68	(5) PAVEMENT REMOVAL; 11
69	69
70	70	(6) PERMEABLE PAVEMENT; AND 12
71	71
72	72	(7) GREEN ROOFS. 13
73	73
74	74	(C) “PARTICIPATING COUNTY ” MEANS A COUNTY THAT ELECTS TO 14
75	75	PARTICIPATE IN THE PROGRAM UNDER THIS SU BTITLE. 15
76	76
77	77	(D) “PROGRAM” MEANS THE GREEN INFRASTRUCTURE REBATE PROGRAM. 16
78	78
79	79	(E) “REBATE” MEANS A REBATE ISSUE D BY THE DEPARTMENT OR A 17
80	80	PARTICIPATING COUNTY UNDER THIS SU BTITLE FOR THE COSTS ASSOCIATED WITH 18
81	81	A GREEN INFRASTRUCTURE PROJECT. 19
82	82
83	83	4–1002. 20
84	84
85	85	(A) THERE IS A GREEN INFRASTRUCTURE REBATE PROGRAM. 21
86	86
87	87	(B) THE PURPOSE OF THE PROGRAM IS TO: 22
88	88
89	89	(1) PROVIDE PROPERTY OWNE RS THE INCENTIVE TO INVEST IN 23
90	90	STORMWATER MANAGEMEN T PRACTICES; 24
91	91
92	92	(2) IMPROVE THE QUALITY O F LIFE IN THE STATE’S COMMUNITIES 25 HOUSE BILL 1372 3
93	93
94	94
95	95	USING GREEN STORMWATER RET ROFITS; AND 1
96	96
97	97	(3) HELP THE STATE MEET ITS OBLIGATIONS UNDE R THE CLEAN 2
98	98	WATER ACT TO REDUCE STORMWA TER POLLUTION IN ITS RIVERS AND STREAMS . 3
99	99
100	100	4–1003. 4
101	101
102	102	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 5
103	103	DEPARTMENT SHALL ADMI NISTER THE PROGRAM IN COLLABORATION WIT H EACH 6
104	104	PARTICIPATING COUNTY. 7
105	105
106	106	(2) (I) THE DEPARTMENT MAY DELEGA TE AUTHORITY TO 8
107	107	ADMINISTER THE PROGRAM TO A PARTICIPATING COUNTY. 9
108	108
109	109	(II) A PARTICIPATING COUNTY WITH DELEGATE D AUTHORITY 10
110	110	UNDER THIS SUBSECTIO N MAY ADMINISTER THE PROGRAM IN COLLABORAT ION 11
111	111	WITH A NONPROFIT ORG ANIZATION. 12
112	112
113	113	(B) IN ISSUING A REBATE U NDER THE PROGRAM: 13
114	114
115	115	(1) THE DEPARTMENT SHALL ISSUE THE REBATE IN AN AMOUNT 14
116	116	EQUAL TO 60% OF THE COST OF THE GREEN INFRASTRUCTURE PROJECT. 15
117	117
118	118	(2) A PARTICIPATING COUNTY SHALL ISSUE THE REBATE IN AN 16
119	119	AMOUNT EQUAL TO 40% OF THE COST OF THE GREEN INFRASTRUCTURE PROJECT. 17
120	120
121	121	(C) AN INDIVIDUAL, A COMMERCIAL BUSINESS , AN OWNER OF A 18
122	122	MULTIFAMILY DWELLING , A HOMEOWNERS ASSOCIATI ON, A CONDOMINIUM 19
123	123	ASSOCIATION, A CIVIC ASSOCIATION , OR A NONPROFIT ORGANIZATI ON, INCLUDING 20
124	124	A HOUSING COOPERATIVE , MAY APPLY TO RECEIVE A REBATE UNDER THE 21
125	125	PROGRAM. 22
126	126
127	127	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 23
128	128	AN APPLICANT MAY REC EIVE A REBATE UNDER THE PROGRAM ONLY IF THE 24
129	129	DEPARTMENT , OR A PARTICIPATING COUNTY WITH DELEGATE D AUTHORITY , 25
130	130	APPROVED THE GREEN INFRASTRUCTURE PROJECT BEFORE THE APPLICANT 26
131	131	CONSTRUCT ED OR INSTALLED THE PROJECT. 27
132	132
133	133	(2) AN APPLICANT FOR A REBATE FOR A RAIN BARREL PROJECT : 28
134	134
135	135	(I) IS NOT REQUIRED TO RE CEIVE PREAPPROVAL OF THE 29
136	136	PROJECT IN ORDER TO RECEIVE A REBATE ; AND 30
137	137	4 HOUSE BILL 1372
138	138
139	139
140	140	(II) SHALL MEET ANY OTHER ELIGIBILITY CR ITERIA OF THE 1
141	141	PROGRAM. 2
142	142
143	143	(E) (1) IN AN APPLICATION FOR A REBATE UNDER THE PROGRAM, THE 3
144	144	APPLICANT SHALL PROVIDE PROOF THAT TH E APPLICANT OWNS THE PROPERTY OR 4
145	145	IS A NONPROFIT ORGAN IZATION WITH AN AGRE EMENT TO COMPLETE A GREEN 5
146	146	INFRASTRUCTURE PROJECT ON PRIVATE O R PUBLIC LAND. 6
147	147
148	148	(2) FOR A GREEN INFRASTRUCTURE PROJECT THAT IS NOT A RAIN 7
149	149	BARREL, AN APPLICANT SHALL: 8
150	150
151	151	(I) WITHIN 12 MONTHS OF RECEIVING APPROVAL OF THE 9
152	152	APPLICATION, COMPLETE THE PROJECT ; AND 10
153	153
154	154	(II) WITHIN 12 MONTHS AFTER THE PRO JECT’S COMPLETION , 11
155	155	SUBMIT TO THE DEPARTMENT OR A COUNTY WITH DELEGATE D AUTHORITY: 12
156	156
157	157	1. THE RECEIPT OR INVOIC E FOR THE PROJECT ; AND 13
158	158
159	159	2. DOCUMENTATION OR EVID ENCE THAT THE PROJEC T 14
160	160	IS IN COMPLIANCE WIT H ITS ORIGINAL APPRO VED APPLICATION AND FOLLOWS THE 15
161	161	BEST PRACTICE S GUIDELINES AND CRITE RIA FOR TH E TYPE OF PROJECT 16
162	162	ESTABLISHED BY THE DEPARTMENT BY REGULAT ION. 17
163	163
164	164	(3) FOR A RAIN BARREL PROJECT, WITHIN 12 MONTHS AFTER THE 18
165	165	PROJECT’S COMPLETION , AN APPLICANT SHALL SUBMIT TO THE DEPARTMENT OR A 19
166	166	COUNTY WITH DELEGATED AUTHO RITY: 20
167	167
168	168	(I) THE RECEIPT OR INVOIC E FOR THE PROJECT ; AND 21
169	169
170	170	(II) DOCUMENTATION OR EVID ENCE THAT THE PROJECT IS IN 22
171	171	COMPLIANCE WITH ITS ORIGINAL APPLICATION AND FOLLOWS THE DEPARTMENT ’S 23
172	172	BEST PRACTICE S GUIDELINES AND CRITE RIA FOR THE TYPE OF PROJECT . 24
173	173
174	174	(4) IF THE PROJECT IS A G REEN ROOF OR PERMEABLE PAVEM ENT, 25
175	175	THE DEPARTMENT OR A COUNT Y WITH DELEGATED AUTHORITY SHALL INSPECT THE 26
176	176	PROJECT TO CONFIRM THAT : 27
177	177
178	178	(I) THE PROJECT IS IN COM PLIANCE WITH ITS ORI GINAL 28
179	179	APPROVED APPLICATION ; AND 29
180	180
181	181	(II) THE PROJECT FOLLOWS THE BEST PRACTICE S GUIDELINES 30
182	182	AND CRITERIA FOR THE TYPE OF PROJECT ESTABLISHED BY THE DEPARTMENT BY 31 HOUSE BILL 1372 5
183	183
184	184
185	185	REGULATION . 1
186	186
187	187	(5) AN APPLICANT SHALL E XECUTE AN AGREEMENT WITH THE 2
188	188	DEPARTMENT OR A COUNTY WITH DEL EGATED AUTHORITY TO ALLOW FOLLOW–UP 3
189	189	EVALUATIONS OF THE PROJECT , IF DEEMED NECESSARY . 4
190	190
191	191	(F) AN APPLICANT MAY NOT RECEIVE A REBATE FOR A GREEN 5
192	192	INFRASTRUCTURE PROJECT THAT IS ASSOCIATED WITH PERM IT APPROVAL 6
193	193	REQUIREMENTS FOR NEW BUILDING CONSTRUCTIO N, ADDITIONS, OR 7
194	194	RENOVATIONS . 8
195	195
196	196	(G) (1) THE DEPARTMENT , OR A COUNTY WITH DEL EGATED AUTHORITY , 9
197	197	SHALL ISSUE REBATES IN THE ORDER IN WHIC H APPLICATIONS ARE APP ROVED. 10
198	198
199	199	(2) A REBATE MAY NOT EXCEE D THE COST OF A GREEN 11
200	200	INFRASTRUCTURE PROJECT. 12
201	201
202	202	(3) (I) A RESIDENTIAL PROPERTY MAY NOT RECEIVE MORE THAN 13
203	203	$4,000 IN REBATES UNDER THE PROGRAM. 14
204	204
205	205	(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 15
206	206	PARAGRAPH , A COMMERCIAL PROPERTY, AN OWNER OF A MULTIFAMILY DWELLING , 16
207	207	A HOMEOWNERS ASSOCIATI ON, A CONDOMINIUM ASSOCIAT ION, A CIVIC 17
208	208	ASSOCIATION, OR A NONPROFIT ORGANIZATI ON MAY NOT RECEIVE M ORE THAN 18
209	209	$20,000 IN REBATES UNDER THE PROGRAM. 19
210	210
211	211	(III) A NONPROFIT ORGANIZATI ON MAY RECEIVE ANNUAL 20
212	212	REBATES OF UP TO $20,000 FOR GREEN INFRASTRUCTURE PROJECTS THAT : 21
213	213
214	214	1. THE DEPARTMENT , OR A COUNTY WITH DEL EGATED 22
215	215	AUTHORITY, APPROVES AS AN ELIGI BLE USE OF THE FUNDS ; AND 23
216	216
217	217	2. ARE LOCATED ON PUBLIC PROPERTY. 24
218	218
219	219	4–1004. 25
220	220
221	221	(A) THE DEPARTMENT , OR A PARTICIPATING COUNTY WITH DELEGATE D 26
222	222	AUTHORITY, MAY ENTER INTO A CONTRACT WITH A NONPROFIT ORGANIZATI ON AND 27
223	223	A RESIDENTIAL PROPERTY OWNER FOR THE PURPOS E OF FINANCING GREEN 28
224	224	INFRASTRUCTURE PROJECTS TO PROVIDE INITIAL COSTS FOR A RESIDENTIAL 29
225	225	PROPERTY OWNER WHO M AY OTHERWISE NOT BE ABLE TO AFFORD TO PA RTICIPATE 30
226	226	IN THE PROGRAM. 31
227	227	6 HOUSE BILL 1372
228	228
229	229
230	230	(B) (1) A NONPROFIT ORGANIZATI ON MAY RECEIVE A REB ATE PRIOR TO 1
231	231	THE CONSTRUCTION OF A GREEN INFRASTRU CTURE PROJECT IF THE NONPROFIT 2
232	232	ORGANIZATIO N: 3
233	233
234	234	(I) RECEIVES AN APPROVED PROJECT APPLICATION ; AND 4
235	235
236	236	(II) ENTERS INTO A CONTRAC T WITH: 5
237	237
238	238	1. THE DEPARTMENT , OR A COUNTY WITH DEL EGATED 6
239	239	AUTHORITY; AND 7
240	240
241	241	2. THE RESIDENTIAL PROPE RTY OWNER. 8
242	242
243	243	(2) THE CONTRACT SHALL REQUIRE A NONPROFIT ORGANIZA TION 9
244	244	TO: 10
245	245
246	246	(I) PAY ANY INITIAL COSTS ASSOCIATED WITH THE PROJECT; 11
247	247	AND 12
248	248
249	249	(II) DEMONSTRATE THE CAPACITY AND RESOURC ES TO 13
250	250	PERFORM AND COMPLETE THE PROJECT IN ACCOR DANCE WITH THE 14
251	251	DEPARTMENT ’S REGULATIONS . 15
252	252
253	253	(C) THE CONTRACT SHALL RE QUIRE A PROPERTY OWNE R TO PAY A 16
254	254	NONPROFIT ORGANIZATI ON FOR THE BALANCE O F THE COST NOT COVER ED BY THE 17
255	255	PROGRAM. 18
256	256
257	257	4–1005. 19
258	258
259	259	THE DEPARTMENT , OR A PARTICIPATING COUNTY WITH DELEGATE D 20
260	260	AUTHORITY SHALL: 21
261	261
262	262	(1) PROVIDE APPLICANTS WI TH MAINTENANCE GUIDE LINES FOR AN 22
263	263	APPROVED PROJECT AND AVAILABLE RESOURCES FOR TECHNICAL ASSIST ANCE; 23
264	264	AND 24
265	265
266	266	(2) REQUIRE APPLICANTS FO R REBATES TO SIGN A VOLUNTARY 25
267	267	PROPERTY OWNER AGREE MENT TO MAINTAIN A P ROJECT. 26
268	268
269	269	4–1006. 27
270	270
271	271	(A) THE DEPARTMENT , OR A PARTICIPATING COUNTY WITH DELEGATE D 28
272	272	AUTHORITY, MAY OFFER A TRAINING COURSE FOR PRIVATE AND NONPROFI T 29 HOUSE BILL 1372 7
273	273
274	274
275	275	CONTRACTORS TO BECOM E CERTIFIED IN COMPLETING GREEN INFRASTRUCTURE 1
276	276	PROJECTS. 2
277	277
278	278	(B) THE DEPARTMENT SHALL MAIN TAIN ON ITS WEBSITE A LIST OF 3
279	279	PRIVATE AND NONPROFI T CONTRACTORS THAT H AVE COMPLETED A TRAINING 4
280	280	COURSE UNDER SUBSECTION (A) OF THIS SECTION. 5
281	281
282	282	4–1007. 6
283	283
284	284	THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT THIS 7
285	285	SUBTITLE, INCLUDING REGULATIONS TO ESTABLISH: 8
286	286
287	287	(1) BEST PRACTICE S GUIDELINES; AND 9
288	288
289	289	(2) ELIGIBILITY CRITERIA FOR EACH TYPE OF GREEN 10
290	290	INFRASTRUCTURE PROJECT. 11
291	291
292	292	4–1008. 12
293	293
294	294	(A) ON OR BEFORE DECEMBER 31 EACH YEAR, BEGINNING IN 2023, A 13
295	295	PARTICIPATING COUNTY SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT 14
296	296	INCLUDES: 15
297	297
298	298	(1) THE NUMBER OF APPLICATIONS RECE IVED; 16
299	299
300	300	(2) THE NUMBER OF APPLICATIONS DENIED ; 17
301	301
302	302	(3) THE TOTAL AMOUNT OF REBATE S ISSUED; AND 18
303	303
304	304	(4) THE NUMBER OF APPROVED PROJECTS , DISAGGREGATED BY 19
305	305	TYPE. 20
306	306
307	307	(B) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2023, THE 21
308	308	DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 22
309	309	WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 23
310	310	THAT INCLUDES : 24
311	311
312	312	(1) THE NUMBER OF APPLICATIONS RECE IVED; 25
313	313
314	314	(2) THE NUMBER OF APPLICATIONS DENI ED; 26
315	315
316	316	(3) THE TOTAL AMOUNT OF REBATE S ISSUED; 27
317	317	8 HOUSE BILL 1372
318	318
319	319
320	320	(4) THE NUMBER OF APPROVED PROJECTS , DISAGGREGATED BY 1
321	321	TYPE; AND 2
322	322
323	323	(5) THE NUMBER OF CONTRACTORS THAT COMPLETED A TRAINING 3
324	324	COURSE UNDER THE PROGRAM. 4
325	325
326	326	9–320. 5
327	327
328	328	(a) There is a Maryland Clean Water Fund. 6
329	329
330	330	(b) The following payments shall be made into the Maryland Clean Water Fund: 7
331	331
332	332	(1) All application fees, permit fees, renewal fees, and funds collected by 8
333	333	the Department under this subtitle, including any civil or administrative penalty or any 9
334	334	fine imposed by a court under the provisions of this subtitle; 10
335	335
336	336	(2) Any civil penalty or any fine imposed by a court under the provisions of 11
337	337	Title 5, Subtitle 5 of this article relating to water appropriation and use; 12
338	338
339	339	(3) Any civil or administrative penalty or any fine imposed by a court under 13
340	340	the provisions of Title 4, Subtitle 1 of this article; and 14
341	341
342	342	(4) Any fees or funds that the Department collects under Subtitle 2, Part 15
343	343	III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 16
344	344	or fine imposed by a court under the provisions of Subtitle 2 of this title. 17
345	345
346	346	(c) The Department shall use the Maryland Clean Water Fund for activities that 18
347	347	are related to: 19
348	348
349	349	(1) The identification, monitoring, and regulation of the proper discharge 20
350	350	of effluent into the waters of the State including program development of these activities 21
351	351	as provided by the State budget; 22
352	352
353	353	(2) The management, conservation, protection, and preservation of the 23
354	354	State’s groundwater and surface water including program development of these activities 24
355	355	as provided by the State budget; 25
356	356
357	357	(3) Correcting to the extent possible the failure to implement or maintain 26
358	358	erosion and sediment controls; 27
359	359
360	360	(4) Administration of the sediment control program; 28
361	361
362	362	(5) Emergency removal of sewage sludge or mitigation of the effect of any 29
363	363	utilization of sewage sludge that the Department finds: 30
364	364
365	365	(i) Endangers public health, safety, or welfare; or 31 HOUSE BILL 1372 9
366	366
367	367
368	368
369	369	(ii) Endangers or damages natural resources; 1
370	370
371	371	(6) Activities that are: 2
372	372
373	373	(i) Conducted by the Department, by a local health official, or by the 3
374	374	local health official’s designee under § 9–243(e) of this title; and 4
375	375
376	376	(ii) Related to identifying, monitoring, or regulating the utilization 5
377	377	of sewage sludge, including program development; [and] 6
378	378
379	379	(7) Providing supplemental inspections and monitoring of sewage sludge 7
380	380	utilization sites by: 8
381	381
382	382	(i) Contracting with a county on request of that county to provide 9
383	383	supplemental inspections and monitoring; and 10
384	384
385	385	(ii) Limiting the value of services provided under the contract to no 11
386	386	more than 45% of the generator fees for sludge utilized in that county that is generated 12
387	387	outside of that county or service area; AND 13
388	388
389	389	(8) PROVIDING THE STATE’S SHARE OF FUND ING FOR REBATES 14
390	390	ISSUED BY THE DEPARTMENT UNDER TITLE 4, SUBTITLE 10 OF THIS ARTICLE . 15
391	391
392	392	(d) An expenditure that the Department makes under subsection (c)(5) of this 16
393	393	section shall be reimbursed to the Department by the sewage sludge utilizer whose sewage 17
394	394	sludge utilization brought about the expenditure by: 18
395	395
396	396	(1) Endangering public health, safety, or welfare; or 19
397	397
398	398	(2) Endangering or damaging natural resources. 20
399	399
400	400	(e) In addition to any other legal action authorized by this subtitle, the Attorney 21
401	401	General may bring an action against any person who fails to reimburse the Department 22
402	402	under subsection (d) of this section to recover any expenditure that the Department makes 23
403	403	under subsection (c)(5) of this section. 24
404	404
405	405	(f) In determining the use of the Maryland Clean Water Fund, priority shall be 25
406	406	given to activities relating to the water quality of the Chesapeake Bay and its tributaries. 26
407	407
408	408	(g) Notwithstanding any law to the contrary, funds credited and any interest 27
409	409	accrued to the Fund: 28
410	410
411	411	(1) Shall remain available until expended; and 29
412	412
413	413	(2) May not be reverted to the General Fund under any other provision of 30
414	414	law. 31 10 HOUSE BILL 1372
415	415
416	416
417	417
418	418	(h) On or before January 15 of each year, the Department shall report to the 1
419	419	Senate Education, Health, and Environmental Affairs Committee and the House 2
420	420	[Environmental Matters] ENVIRONMENT AND TRANSPORTATION Committee, in 3
421	421	accordance with § 2–1257 of the State Government Article, on the status of the Maryland 4
422	422	Clean Water Fund, including a detailed description of all revenues and expenditures of the 5
423	423	Fund for the previous year. 6
424	424
425	425	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
426	426	October 1, 2022. 8