EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1372*
HOUSE BILL 1372
M3, L1 2lr0417
By: Delegates Lehman, Acevero, Charles, Foley, Henson, Landis, Proctor, Ruth,
Terrasa, and Turner
Introduced and read first time: February 11, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Environment – Green Infrastructure Rebate Program – Establishment 2
FOR the purpose of establishing the Green Infrastructure Rebate Program; requiring the 3
Department of the Environment to administer the Program in collaboration with 4
each county that elects to participate in the Program; authorizing the Department 5
to delegate authority to administer the Program to a participating county; requiring 6
the Department and participating counties to provide a certain percentage of the cost 7
of a rebate under the Program; and generally relating to the Green Infrastructure 8
Rebate Program. 9
BY adding to 10
Article – Environment 11
Section 4–1001 through 4–1008 to be under the new subtitle “Subtitle 10. Green 12
Infrastructure Rebate Program” 13
Annotated Code of Maryland 14
(2013 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Environment 17
Section 9–320 18
Annotated Code of Maryland 19
(2014 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Environment 23
SUBTITLE 10. GREEN INFRASTRUCTURE REBATE PROGRAM. 24 2 HOUSE BILL 1372
4–1001. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “GREEN INFRASTRUCTURE PROJECT” MEANS THE FOLLOWING 4
STORMWATER MANAGEMENT PRACTICES ELIGIBLE F OR A REBATE UNDER TH E 5
PROGRAM: 6
(1) RAIN BARRELS; 7
(2) CISTERNS; 8
(3) URBAN TREE CANOPY; 9
(4) RAIN GARDENS; 10
(5) PAVEMENT REMOVAL; 11
(6) PERMEABLE PAVEMENT; AND 12
(7) GREEN ROOFS. 13
(C) “PARTICIPATING COUNTY ” MEANS A COUNTY THAT ELECTS TO 14
PARTICIPATE IN THE PROGRAM UNDER THIS SU BTITLE. 15
(D) “PROGRAM” MEANS THE GREEN INFRASTRUCTURE REBATE PROGRAM. 16
(E) “REBATE” MEANS A REBATE ISSUE D BY THE DEPARTMENT OR A 17
PARTICIPATING COUNTY UNDER THIS SU BTITLE FOR THE COSTS ASSOCIATED WITH 18
A GREEN INFRASTRUCTURE PROJECT. 19
4–1002. 20
(A) THERE IS A GREEN INFRASTRUCTURE REBATE PROGRAM. 21
(B) THE PURPOSE OF THE PROGRAM IS TO: 22
(1) PROVIDE PROPERTY OWNE RS THE INCENTIVE TO INVEST IN 23
STORMWATER MANAGEMEN T PRACTICES; 24
(2) IMPROVE THE QUALITY O F LIFE IN THE STATE’S COMMUNITIES 25 HOUSE BILL 1372 3
USING GREEN STORMWATER RET ROFITS; AND 1
(3) HELP THE STATE MEET ITS OBLIGATIONS UNDE R THE CLEAN 2
WATER ACT TO REDUCE STORMWA TER POLLUTION IN ITS RIVERS AND STREAMS . 3
4–1003. 4
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 5
DEPARTMENT SHALL ADMI NISTER THE PROGRAM IN COLLABORATION WIT H EACH 6
PARTICIPATING COUNTY. 7
(2) (I) THE DEPARTMENT MAY DELEGA TE AUTHORITY TO 8
ADMINISTER THE PROGRAM TO A PARTICIPATING COUNTY. 9
(II) A PARTICIPATING COUNTY WITH DELEGATE D AUTHORITY 10
UNDER THIS SUBSECTIO N MAY ADMINISTER THE PROGRAM IN COLLABORAT ION 11
WITH A NONPROFIT ORG ANIZATION. 12
(B) IN ISSUING A REBATE U NDER THE PROGRAM: 13
(1) THE DEPARTMENT SHALL ISSUE THE REBATE IN AN AMOUNT 14
EQUAL TO 60% OF THE COST OF THE GREEN INFRASTRUCTURE PROJECT. 15
(2) A PARTICIPATING COUNTY SHALL ISSUE THE REBATE IN AN 16
AMOUNT EQUAL TO 40% OF THE COST OF THE GREEN INFRASTRUCTURE PROJECT. 17
(C) AN INDIVIDUAL, A COMMERCIAL BUSINESS , AN OWNER OF A 18
MULTIFAMILY DWELLING , A HOMEOWNERS ASSOCIATI ON, A CONDOMINIUM 19
ASSOCIATION, A CIVIC ASSOCIATION , OR A NONPROFIT ORGANIZATI ON, INCLUDING 20
A HOUSING COOPERATIVE , MAY APPLY TO RECEIVE A REBATE UNDER THE 21
PROGRAM. 22
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 23
AN APPLICANT MAY REC EIVE A REBATE UNDER THE PROGRAM ONLY IF THE 24
DEPARTMENT , OR A PARTICIPATING COUNTY WITH DELEGATE D AUTHORITY , 25
APPROVED THE GREEN INFRASTRUCTURE PROJECT BEFORE THE APPLICANT 26
CONSTRUCT ED OR INSTALLED THE PROJECT. 27
(2) AN APPLICANT FOR A REBATE FOR A RAIN BARREL PROJECT : 28
(I) IS NOT REQUIRED TO RE CEIVE PREAPPROVAL OF THE 29
PROJECT IN ORDER TO RECEIVE A REBATE ; AND 30
4 HOUSE BILL 1372
(II) SHALL MEET ANY OTHER ELIGIBILITY CR ITERIA OF THE 1
PROGRAM. 2
(E) (1) IN AN APPLICATION FOR A REBATE UNDER THE PROGRAM, THE 3
APPLICANT SHALL PROVIDE PROOF THAT TH E APPLICANT OWNS THE PROPERTY OR 4
IS A NONPROFIT ORGAN IZATION WITH AN AGRE EMENT TO COMPLETE A GREEN 5
INFRASTRUCTURE PROJECT ON PRIVATE O R PUBLIC LAND. 6
(2) FOR A GREEN INFRASTRUCTURE PROJECT THAT IS NOT A RAIN 7
BARREL, AN APPLICANT SHALL: 8
(I) WITHIN 12 MONTHS OF RECEIVING APPROVAL OF THE 9
APPLICATION, COMPLETE THE PROJECT ; AND 10
(II) WITHIN 12 MONTHS AFTER THE PRO JECT’S COMPLETION , 11
SUBMIT TO THE DEPARTMENT OR A COUNTY WITH DELEGATE D AUTHORITY: 12
1. THE RECEIPT OR INVOIC E FOR THE PROJECT ; AND 13
2. DOCUMENTATION OR EVID ENCE THAT THE PROJEC T 14
IS IN COMPLIANCE WIT H ITS ORIGINAL APPRO VED APPLICATION AND FOLLOWS THE 15
BEST PRACTICE S GUIDELINES AND CRITE RIA FOR TH E TYPE OF PROJECT 16
ESTABLISHED BY THE DEPARTMENT BY REGULAT ION. 17
(3) FOR A RAIN BARREL PROJECT, WITHIN 12 MONTHS AFTER THE 18
PROJECT’S COMPLETION , AN APPLICANT SHALL SUBMIT TO THE DEPARTMENT OR A 19
COUNTY WITH DELEGATED AUTHO RITY: 20
(I) THE RECEIPT OR INVOIC E FOR THE PROJECT ; AND 21
(II) DOCUMENTATION OR EVID ENCE THAT THE PROJECT IS IN 22
COMPLIANCE WITH ITS ORIGINAL APPLICATION AND FOLLOWS THE DEPARTMENT ’S 23
BEST PRACTICE S GUIDELINES AND CRITE RIA FOR THE TYPE OF PROJECT . 24
(4) IF THE PROJECT IS A G REEN ROOF OR PERMEABLE PAVEM ENT, 25
THE DEPARTMENT OR A COUNT Y WITH DELEGATED AUTHORITY SHALL INSPECT THE 26
PROJECT TO CONFIRM THAT : 27
(I) THE PROJECT IS IN COM PLIANCE WITH ITS ORI GINAL 28
APPROVED APPLICATION ; AND 29
(II) THE PROJECT FOLLOWS THE BEST PRACTICE S GUIDELINES 30
AND CRITERIA FOR THE TYPE OF PROJECT ESTABLISHED BY THE DEPARTMENT BY 31 HOUSE BILL 1372 5
REGULATION . 1
(5) AN APPLICANT SHALL E XECUTE AN AGREEMENT WITH THE 2
DEPARTMENT OR A COUNTY WITH DEL EGATED AUTHORITY TO ALLOW FOLLOW–UP 3
EVALUATIONS OF THE PROJECT , IF DEEMED NECESSARY . 4
(F) AN APPLICANT MAY NOT RECEIVE A REBATE FOR A GREEN 5
INFRASTRUCTURE PROJECT THAT IS ASSOCIATED WITH PERM IT APPROVAL 6
REQUIREMENTS FOR NEW BUILDING CONSTRUCTIO N, ADDITIONS, OR 7
RENOVATIONS . 8
(G) (1) THE DEPARTMENT , OR A COUNTY WITH DEL EGATED AUTHORITY , 9
SHALL ISSUE REBATES IN THE ORDER IN WHIC H APPLICATIONS ARE APP ROVED. 10
(2) A REBATE MAY NOT EXCEE D THE COST OF A GREEN 11
INFRASTRUCTURE PROJECT. 12
(3) (I) A RESIDENTIAL PROPERTY MAY NOT RECEIVE MORE THAN 13
$4,000 IN REBATES UNDER THE PROGRAM. 14
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 15
PARAGRAPH , A COMMERCIAL PROPERTY, AN OWNER OF A MULTIFAMILY DWELLING , 16
A HOMEOWNERS ASSOCIATI ON, A CONDOMINIUM ASSOCIAT ION, A CIVIC 17
ASSOCIATION, OR A NONPROFIT ORGANIZATI ON MAY NOT RECEIVE M ORE THAN 18
$20,000 IN REBATES UNDER THE PROGRAM. 19
(III) A NONPROFIT ORGANIZATI ON MAY RECEIVE ANNUAL 20
REBATES OF UP TO $20,000 FOR GREEN INFRASTRUCTURE PROJECTS THAT : 21
1. THE DEPARTMENT , OR A COUNTY WITH DEL EGATED 22
AUTHORITY, APPROVES AS AN ELIGI BLE USE OF THE FUNDS ; AND 23
2. ARE LOCATED ON PUBLIC PROPERTY. 24
4–1004. 25
(A) THE DEPARTMENT , OR A PARTICIPATING COUNTY WITH DELEGATE D 26
AUTHORITY, MAY ENTER INTO A CONTRACT WITH A NONPROFIT ORGANIZATI ON AND 27
A RESIDENTIAL PROPERTY OWNER FOR THE PURPOS E OF FINANCING GREEN 28
INFRASTRUCTURE PROJECTS TO PROVIDE INITIAL COSTS FOR A RESIDENTIAL 29
PROPERTY OWNER WHO M AY OTHERWISE NOT BE ABLE TO AFFORD TO PA RTICIPATE 30
IN THE PROGRAM. 31
6 HOUSE BILL 1372
(B) (1) A NONPROFIT ORGANIZATI ON MAY RECEIVE A REB ATE PRIOR TO 1
THE CONSTRUCTION OF A GREEN INFRASTRU CTURE PROJECT IF THE NONPROFIT 2
ORGANIZATIO N: 3
(I) RECEIVES AN APPROVED PROJECT APPLICATION ; AND 4
(II) ENTERS INTO A CONTRAC T WITH: 5
1. THE DEPARTMENT , OR A COUNTY WITH DEL EGATED 6
AUTHORITY; AND 7
2. THE RESIDENTIAL PROPE RTY OWNER. 8
(2) THE CONTRACT SHALL REQUIRE A NONPROFIT ORGANIZA TION 9
TO: 10
(I) PAY ANY INITIAL COSTS ASSOCIATED WITH THE PROJECT; 11
AND 12
(II) DEMONSTRATE THE CAPACITY AND RESOURC ES TO 13
PERFORM AND COMPLETE THE PROJECT IN ACCOR DANCE WITH THE 14
DEPARTMENT ’S REGULATIONS . 15
(C) THE CONTRACT SHALL RE QUIRE A PROPERTY OWNE R TO PAY A 16
NONPROFIT ORGANIZATI ON FOR THE BALANCE O F THE COST NOT COVER ED BY THE 17
PROGRAM. 18
4–1005. 19
THE DEPARTMENT , OR A PARTICIPATING COUNTY WITH DELEGATE D 20
AUTHORITY SHALL: 21
(1) PROVIDE APPLICANTS WI TH MAINTENANCE GUIDE LINES FOR AN 22
APPROVED PROJECT AND AVAILABLE RESOURCES FOR TECHNICAL ASSIST ANCE; 23
AND 24
(2) REQUIRE APPLICANTS FO R REBATES TO SIGN A VOLUNTARY 25
PROPERTY OWNER AGREE MENT TO MAINTAIN A P ROJECT. 26
4–1006. 27
(A) THE DEPARTMENT , OR A PARTICIPATING COUNTY WITH DELEGATE D 28
AUTHORITY, MAY OFFER A TRAINING COURSE FOR PRIVATE AND NONPROFI T 29 HOUSE BILL 1372 7
CONTRACTORS TO BECOM E CERTIFIED IN COMPLETING GREEN INFRASTRUCTURE 1
PROJECTS. 2
(B) THE DEPARTMENT SHALL MAIN TAIN ON ITS WEBSITE A LIST OF 3
PRIVATE AND NONPROFI T CONTRACTORS THAT H AVE COMPLETED A TRAINING 4
COURSE UNDER SUBSECTION (A) OF THIS SECTION. 5
4–1007. 6
THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT THIS 7
SUBTITLE, INCLUDING REGULATIONS TO ESTABLISH: 8
(1) BEST PRACTICE S GUIDELINES; AND 9
(2) ELIGIBILITY CRITERIA FOR EACH TYPE OF GREEN 10
INFRASTRUCTURE PROJECT. 11
4–1008. 12
(A) ON OR BEFORE DECEMBER 31 EACH YEAR, BEGINNING IN 2023, A 13
PARTICIPATING COUNTY SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT 14
INCLUDES: 15
(1) THE NUMBER OF APPLICATIONS RECE IVED; 16
(2) THE NUMBER OF APPLICATIONS DENIED ; 17
(3) THE TOTAL AMOUNT OF REBATE S ISSUED; AND 18
(4) THE NUMBER OF APPROVED PROJECTS , DISAGGREGATED BY 19
TYPE. 20
(B) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2023, THE 21
DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 22
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 23
THAT INCLUDES : 24
(1) THE NUMBER OF APPLICATIONS RECE IVED; 25
(2) THE NUMBER OF APPLICATIONS DENI ED; 26
(3) THE TOTAL AMOUNT OF REBATE S ISSUED; 27
8 HOUSE BILL 1372
(4) THE NUMBER OF APPROVED PROJECTS , DISAGGREGATED BY 1
TYPE; AND 2
(5) THE NUMBER OF CONTRACTORS THAT COMPLETED A TRAINING 3
COURSE UNDER THE PROGRAM. 4
9–320. 5
(a) There is a Maryland Clean Water Fund. 6
(b) The following payments shall be made into the Maryland Clean Water Fund: 7
(1) All application fees, permit fees, renewal fees, and funds collected by 8
the Department under this subtitle, including any civil or administrative penalty or any 9
fine imposed by a court under the provisions of this subtitle; 10
(2) Any civil penalty or any fine imposed by a court under the provisions of 11
Title 5, Subtitle 5 of this article relating to water appropriation and use; 12
(3) Any civil or administrative penalty or any fine imposed by a court under 13
the provisions of Title 4, Subtitle 1 of this article; and 14
(4) Any fees or funds that the Department collects under Subtitle 2, Part 15
III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 16
or fine imposed by a court under the provisions of Subtitle 2 of this title. 17
(c) The Department shall use the Maryland Clean Water Fund for activities that 18
are related to: 19
(1) The identification, monitoring, and regulation of the proper discharge 20
of effluent into the waters of the State including program development of these activities 21
as provided by the State budget; 22
(2) The management, conservation, protection, and preservation of the 23
State’s groundwater and surface water including program development of these activities 24
as provided by the State budget; 25
(3) Correcting to the extent possible the failure to implement or maintain 26
erosion and sediment controls; 27
(4) Administration of the sediment control program; 28
(5) Emergency removal of sewage sludge or mitigation of the effect of any 29
utilization of sewage sludge that the Department finds: 30
(i) Endangers public health, safety, or welfare; or 31 HOUSE BILL 1372 9
(ii) Endangers or damages natural resources; 1
(6) Activities that are: 2
(i) Conducted by the Department, by a local health official, or by the 3
local health official’s designee under § 9–243(e) of this title; and 4
(ii) Related to identifying, monitoring, or regulating the utilization 5
of sewage sludge, including program development; [and] 6
(7) Providing supplemental inspections and monitoring of sewage sludge 7
utilization sites by: 8
(i) Contracting with a county on request of that county to provide 9
supplemental inspections and monitoring; and 10
(ii) Limiting the value of services provided under the contract to no 11
more than 45% of the generator fees for sludge utilized in that county that is generated 12
outside of that county or service area; AND 13
(8) PROVIDING THE STATE’S SHARE OF FUND ING FOR REBATES 14
ISSUED BY THE DEPARTMENT UNDER TITLE 4, SUBTITLE 10 OF THIS ARTICLE . 15
(d) An expenditure that the Department makes under subsection (c)(5) of this 16
section shall be reimbursed to the Department by the sewage sludge utilizer whose sewage 17
sludge utilization brought about the expenditure by: 18
(1) Endangering public health, safety, or welfare; or 19
(2) Endangering or damaging natural resources. 20
(e) In addition to any other legal action authorized by this subtitle, the Attorney 21
General may bring an action against any person who fails to reimburse the Department 22
under subsection (d) of this section to recover any expenditure that the Department makes 23
under subsection (c)(5) of this section. 24
(f) In determining the use of the Maryland Clean Water Fund, priority shall be 25
given to activities relating to the water quality of the Chesapeake Bay and its tributaries. 26
(g) Notwithstanding any law to the contrary, funds credited and any interest 27
accrued to the Fund: 28
(1) Shall remain available until expended; and 29
(2) May not be reverted to the General Fund under any other provision of 30
law. 31 10 HOUSE BILL 1372
(h) On or before January 15 of each year, the Department shall report to the 1
Senate Education, Health, and Environmental Affairs Committee and the House 2
[Environmental Matters] ENVIRONMENT AND TRANSPORTATION Committee, in 3
accordance with § 2–1257 of the State Government Article, on the status of the Maryland 4
Clean Water Fund, including a detailed description of all revenues and expenditures of the 5
Fund for the previous year. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2022. 8