MD
Maryland House Bill HB595

Maryland 2022 Regular Session

Maryland House Bill HB595 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0595*
96
107 HOUSE BILL 595
118 M3 2lr2615
129 CF SB 90
1310 By: Delegate Mangione
1411 Introduced and read first time: January 31, 2022
1512 Assigned to: Environment and Transportation
16-Committee Report: Favorable
17-House action: Adopted
18-Read second time: March 31, 2022
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Department of the Environment – Supplemental Environmental Projects 2
2519 Database 3
2620
2721 FOR the purpose of requiring the Department of the Environment to create and maintain 4
2822 a database of supplemental environmental projects that the Department may 5
2923 consider for implementation as part of a settlement of an enforcement action; 6
3024 requiring the Department to prioritize the selection of a supplemental 7
3125 environmental project located in the same geographic area as the alleged violation 8
3226 and to ensure that the scope and cost of a chosen project meet certain criteria; and 9
3327 generally relating to a supplemental environmental projects database. 10
3428
3529 BY adding to 11
3630 Article – Environment 12
3731 Section 1–306 13
3832 Annotated Code of Maryland 14
3933 (2013 Replacement Volume and 2021 Supplement) 15
4034
4135 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
4236 That the Laws of Maryland read as follows: 17
4337
4438 Article – Environment 18
4539
4640 1–306. 19
4741
48- (A) IN THIS SECTION, “SUPPLEMENTAL ENVIRON MENTAL PROJECT ” MEANS 20 2 HOUSE BILL 595
42+ (A) IN THIS SECTION, “SUPPLEMENTAL ENVIRON MENTAL PROJECT ” MEANS 20
43+AN ENVIRONMENTALLY B ENEFICIAL PROJECT OR ACT IVITY THAT IS NOT RE QUIRED 21
44+BY LAW BUT THAT AN A LLEGED VIOLATOR AGRE ES TO UNDERTAKE AS P ART OF A 22
45+SETTLEMENT OR ENFORC EMENT ACTION . 23
46+
47+ (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 24 2 HOUSE BILL 595
4948
5049
51-AN ENVIRONMENTALLY B ENEFICIAL PROJECT OR ACTIVITY THAT IS NOT REQUIRED 1
52-BY LAW BUT THAT AN A LLEGED VIOLATOR AGRE ES TO UNDERTAKE AS P ART OF A 2
53-SETTLEMENT OR ENFORC EMENT ACTION . 3
50+DEPARTMENT SHALL CREA TE AND MAINTAIN A DA TABASE OF SUPPLEMENTAL 1
51+ENVIRONMENTAL PROJEC TS THAT THE DEPARTMENT MAY CONSID ER FOR 2
52+IMPLEMENTATION AS PA RT OF A SETTLEMENT O F AN ENFORCEMENT ACT ION. 3
5453
55- (B) (1) SUBJECT TO P ARAGRAPH (2) OF THIS SUBSECTION , THE 4
56-DEPARTMENT SHALL CREA TE AND MAINTAIN A DA TABASE OF SUPPLEMENT AL 5
57-ENVIRONMENTAL PROJEC TS THAT THE DEPARTMENT MAY CONSID ER FOR 6
58-IMPLEMENTATION AS PA RT OF A SETTLEMENT O F AN ENFORCEMENT ACT ION. 7
54+ (2) IN CREATING AND MAINT AINING THE DATABASE , THE 4
55+DEPARTMENT SHALL SOLI CIT INPUT FROM COMMU NITIES IN THE STATE THAT ARE 5
56+OVERBURDENED , UNDERSERVED , OR OTHERWISE DISADVA NTAGED BY 6
57+ENVIRONMENTAL STRESS ORS. 7
5958
60- (2) IN CREATING AND MAINT AINING THE DATABASE , THE 8
61-DEPARTMENT SHALL SOLI CIT INPUT FROM COMMU NITIES IN THE STATE THAT ARE 9
62-OVERBURDENED , UNDERSERVED , OR OTHERWISE DISADVA NTAGED BY 10
63-ENVIRONMENTAL STRESS ORS. 11
59+ (C) (1) THE DEPARTMENT MAY , WITH REASONABLE JUST IFICATION, 8
60+CONSIDER A SUPPLEMEN TAL ENVIRONMENTAL PR OJECT THAT IS NOT IN CLUDED IN 9
61+THE DATABASE REQUIRE D IN SUBSECTIO N (B) OF THIS SECTION AS P ART OF A 10
62+SETTLEMENT OF AN ENF ORCEMENT ACTION . 11
6463
65- (C) (1) THE DEPARTMENT MAY , WITH REASONABLE JUST IFICATION, 12
66-CONSIDER A SUPPLEMEN TAL ENVIRONMENTAL PR OJECT THAT IS NOT IN CLUDED IN 13
67-THE DATABASE REQUIRE D IN SUBSECTION (B) OF THIS SECTION AS P ART OF A 14
68-SETTLEMENT OF AN ENF ORCEMENT ACTION . 15
64+ (2) THE DEPARTMENT MAY NOT CH OOSE A SUPPLEMENTAL 12
65+ENVIRONMENTAL PROJEC T OFFERED BY THE VIO LATOR UNLESS THE DEPARTMENT : 13
6966
70- (2) THE DEPARTMENT MAY NOT CH OOSE A SUPPLEMENTAL 16
71-ENVIRONMENTAL PROJEC T OFFERED BY THE VIO LATOR UNLESS THE DEPARTMENT : 17
67+ (I) APPROVES THE PROJECT ; AND 14
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73- (I) APPROVES THE PROJECT ; AND 18
69+ (II) MAINTAINS DOCUMENTAT ION OF THE APPROVAL . 15
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75- (II) MAINTAINS DOCUMENTATI ON OF THE APPROVAL . 19
71+ (D) BEFORE A VIOLATOR UND ERTAKES A SUPPLEMENT AL ENVIRONMENTAL 16
72+PROJECT, THE DEPARTMENT SHALL : 17
7673
77- (D) BEFORE A VIOLATOR UND ERTAKES A SUPPLEMENT AL ENVIRONMENTAL 20
78-PROJECT, THE DEPARTMENT SHALL : 21
74+ (1) GIVE PRIORITY CONSIDE RATION TO THE SELECT ION OF A 18
75+PROJECT LOCATED IN T HE SAME GEOGRAPHIC A REA IMPACTED BY THE ALLEGED 19
76+VIOLATION; AND 20
7977
80- (1) GIVE PRIORITY CONSIDE RATION TO THE SELECT ION OF A 22
81-PROJECT LOCATED IN T HE SAME GEOGRAPHIC A REA IMPACTED BY THE ALLEGED 23
82-VIOLATION; AND 24
78+ (2) ENSURE THAT THE SCOPE AND C OST OF THE CHOSEN PR OJECT IS 21
79+REASONABLY RELATED T O THE NEXUS OF THE V IOLATION OR THE ADVE RSE IMPACT 22
80+OF THE VIOLATION AND THAT THE COST IS SUF FICIENT TO ALLOW THE 23
81+DEPARTMENT AND THE AL LEGED VIOLATOR TO RE ACH A SETTLEMENT . 24
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84- (2) ENSURE THAT THE SCOPE AND C OST OF THE CHOSEN PR OJECT IS 25
85-REASONABLY RELATED T O THE NEXUS OF THE V IOLATION OR THE ADVE RSE IMPACT 26
86-OF THE VIOLATION AND THAT THE COST IS SUFFICIENT TO ALLOW THE 27
87-DEPARTMENT AND THE AL LEGED VIOLATOR TO RE ACH A SETTLEMENT . 28
88-
89- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
90-October 1, 2022. 30
83+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
84+October 1, 2022. 26
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