Maryland 2022 2022 Regular Session

Maryland House Bill HB595 Introduced / Bill

Filed 02/01/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0595*  
  
HOUSE BILL 595 
M3   	2lr2615 
    	CF SB 90 
By: Delegate Mangione 
Introduced and read first time: January 31, 2022 
Assigned to: Environment and Transportation 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Department of the Environment – Supplemental Environmental Projects 2 
Database 3 
 
FOR the purpose of requiring the Department of the Environment to create and maintain 4 
a database of supplemental environmental projects that the Department may 5 
consider for implementation as part of a settlement of an enforcement action; 6 
requiring the Department to prioritize the selection of a supplemental 7 
environmental project located in the same geographic area as the alleged violation 8 
and to ensure that the scope and cost of a chosen project meet certain criteria; and 9 
generally relating to a supplemental environmental projects database. 10 
 
BY adding to 11 
 Article – Environment 12 
Section 1–306 13 
 Annotated Code of Maryland 14 
 (2013 Replacement Volume and 2021 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Environment 18 
 
1–306. 19 
 
 (A) IN THIS SECTION, “SUPPLEMENTAL ENVIRON MENTAL PROJECT ” MEANS 20 
AN ENVIRONMENTALLY B ENEFICIAL PROJECT OR ACT IVITY THAT IS NOT RE QUIRED 21 
BY LAW BUT THAT AN A LLEGED VIOLATOR AGRE ES TO UNDERTAKE AS P ART OF A 22 
SETTLEMENT OR ENFORC EMENT ACTION . 23 
 
 (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 24  2 	HOUSE BILL 595  
 
 
DEPARTMENT SHALL CREA TE AND MAINTAIN A DA TABASE OF SUPPLEMENTAL 1 
ENVIRONMENTAL PROJEC TS THAT THE DEPARTMENT MAY CONSID ER FOR 2 
IMPLEMENTATION AS PA RT OF A SETTLEMENT O F AN ENFORCEMENT ACT ION. 3 
 
 (2) IN CREATING AND MAINT	AINING THE DATABASE , THE 4 
DEPARTMENT SHALL SOLI CIT INPUT FROM COMMU NITIES IN THE STATE THAT ARE 5 
OVERBURDENED , UNDERSERVED , OR OTHERWISE DISADVA	NTAGED BY 6 
ENVIRONMENTAL STRESS ORS. 7 
 
 (C) (1) THE DEPARTMENT MAY , WITH REASONABLE JUST IFICATION, 8 
CONSIDER A SUPPLEMEN TAL ENVIRONMENTAL PR OJECT THAT IS NOT IN CLUDED IN 9 
THE DATABASE REQUIRE D IN SUBSECTIO N (B) OF THIS SECTION AS P ART OF A 10 
SETTLEMENT OF AN ENF ORCEMENT ACTION . 11 
 
 (2) THE DEPARTMENT MAY NOT CH	OOSE A SUPPLEMENTAL 12 
ENVIRONMENTAL PROJEC T OFFERED BY THE VIO LATOR UNLESS THE DEPARTMENT : 13 
 
 (I) APPROVES THE PROJECT ; AND 14 
 
 (II) MAINTAINS DOCUMENTAT ION OF THE APPROVAL . 15 
 
 (D) BEFORE A VIOLATOR UND ERTAKES A SUPPLEMENT AL ENVIRONMENTAL 16 
PROJECT, THE DEPARTMENT SHALL : 17 
 
 (1) GIVE PRIORITY CONSIDE RATION TO THE SELECT ION OF A 18 
PROJECT LOCATED IN T HE SAME GEOGRAPHIC A REA IMPACTED BY THE ALLEGED 19 
VIOLATION; AND 20 
 
 (2) ENSURE THAT THE SCOPE AND C OST OF THE CHOSEN PR OJECT IS 21 
REASONABLY RELATED T O THE NEXUS OF THE V IOLATION OR THE ADVE RSE IMPACT 22 
OF THE VIOLATION AND THAT THE COST IS SUF FICIENT TO ALLOW THE 23 
DEPARTMENT AND THE AL LEGED VIOLATOR TO RE ACH A SETTLEMENT . 24 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25 
October 1, 2022. 26