EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable
House action: Adopted
Read second time: March 31, 2022
CHAPTER ______
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 supplementa l 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 2 HOUSE BILL 595
AN ENVIRONMENTALLY B ENEFICIAL PROJECT OR ACTIVITY THAT IS NOT REQUIRED 1
BY LAW BUT THAT AN A LLEGED VIOLATOR AGRE ES TO UNDERTAKE AS P ART OF A 2
SETTLEMENT OR ENFORC EMENT ACTION . 3
(B) (1) SUBJECT TO P ARAGRAPH (2) OF THIS SUBSECTION , THE 4
DEPARTMENT SHALL CREA TE AND MAINTAIN A DA TABASE OF SUPPLEMENT AL 5
ENVIRONMENTAL PROJEC TS THAT THE DEPARTMENT MAY CONSID ER FOR 6
IMPLEMENTATION AS PA RT OF A SETTLEMENT O F AN ENFORCEMENT ACT ION. 7
(2) IN CREATING AND MAINT AINING THE DATABASE , THE 8
DEPARTMENT SHALL SOLI CIT INPUT FROM COMMU NITIES IN THE STATE THAT ARE 9
OVERBURDENED , UNDERSERVED , OR OTHERWISE DISADVA NTAGED BY 10
ENVIRONMENTAL STRESS ORS. 11
(C) (1) THE DEPARTMENT MAY , WITH REASONABLE JUST IFICATION, 12
CONSIDER A SUPPLEMEN TAL ENVIRONMENTAL PR OJECT THAT IS NOT IN CLUDED IN 13
THE DATABASE REQUIRE D IN SUBSECTION (B) OF THIS SECTION AS P ART OF A 14
SETTLEMENT OF AN ENF ORCEMENT ACTION . 15
(2) THE DEPARTMENT MAY NOT CH OOSE A SUPPLEMENTAL 16
ENVIRONMENTAL PROJEC T OFFERED BY THE VIO LATOR UNLESS THE DEPARTMENT : 17
(I) APPROVES THE PROJECT ; AND 18
(II) MAINTAINS DOCUMENTATI ON OF THE APPROVAL . 19
(D) BEFORE A VIOLATOR UND ERTAKES A SUPPLEMENT AL ENVIRONMENTAL 20
PROJECT, THE DEPARTMENT SHALL : 21
(1) GIVE PRIORITY CONSIDE RATION TO THE SELECT ION OF A 22
PROJECT LOCATED IN T HE SAME GEOGRAPHIC A REA IMPACTED BY THE ALLEGED 23
VIOLATION; AND 24
(2) ENSURE THAT THE SCOPE AND C OST OF THE CHOSEN PR OJECT IS 25
REASONABLY RELATED T O THE NEXUS OF THE V IOLATION OR THE ADVE RSE IMPACT 26
OF THE VIOLATION AND THAT THE COST IS SUFFICIENT TO ALLOW THE 27
DEPARTMENT AND THE AL LEGED VIOLATOR TO RE ACH A SETTLEMENT . 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2022. 30