MD
Maryland House Bill HB714

Maryland 2022 Regular Session

Maryland House Bill HB714 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 342
21
3-– 1 –
4-Chapter 342
5-(House Bill 714)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [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.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0714*
810
9-Bay Restoration Fund – Intended Use Plans and Privately Owned Wastewater
10-Facilities
11+HOUSE BILL 714
12+M3 (2lr2077)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Health, and Environmental Affairs —
15+Introduced by Delegate Stein
1116
12-FOR the purpose of requiring the Department of the Environment to provide a certain
13-intended use plan to the General Assembly within a certain period of time; altering
14-the definition of “privately owned wastewater facility” as it relates to the awarding
15-of grants from the Bay Restoration Fund; requiring the Department of the
16-Environment and the Department of Planning to report on and the Department of
17-the Environment to provide certain information regarding funding for privately
18-owned wastewater facilities to the General Assembly and the Department of Budget
19-and Management; prohibiting the Department of the Environment from providing
20-funding from the Bay Restoration Fund’s Clean Water Commerce Account Fund to
21-privately owned wastewater facilities if a determination is made that the facility was
22-not in compliance with a certain discharge permit for a certain period of time;
23-prohibiting the Act from being construed to apply to a certain industrial wastewater
24-facility that is connecting to a publicly owned wastewater facility; and generally
25-relating to funding from the Bay Restoration Fund, intended use plans, and privately
26-owned wastewater facilities.
17+Read and Examined by Proofreaders:
2718
28-BY repealing and reenacting, with amendments,
29- Article – Environment
30-Section 9–1605(a)(1), 9–1605(a)(1) and 9–1605.2(i)(1) and (2)(i) and (k), and
31-9–1605.4(q) (k)
32- Annotated Code of Maryland
33- (2014 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3423
35-BY adding to
36- Article – Environment
37-Section 9–1605(f) and 9–1605.2(i)(12)
38- Annotated Code of Maryland
39- (2014 Replacement Volume and 2021 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
4025
41-BY repealing and reenacting, without amendments,
42- Article – Environment
43-Section 9–1605.2(i)(2)(i)
44-Annotated Code of Maryland
45- (2014 Replacement Volume and 2021 Supplement)
26+_______ day of _______________ at ________________________ o’clock, ________M.
4627
47- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
48-That the Laws of Maryland read as follows:
49- Ch. 342 2022 LAWS OF MARYLAND
28+______________________________________________
29+Speaker.
5030
51-– 2 –
52-Article – Environment
31+CHAPTER ______
5332
54-9–1605.
33+AN ACT concerning 1
5534
56- (a) (1) (I) There is a Maryland Water Quality Revolving Loan Fund.
35+Bay Restoration Fund – Intended Use Plans and Privately Owned Wastewater 2
36+Facilities 3
5737
58- (II) The Water Quality Fund shall be maintained and administered
59-by the Administration in accordance with the provisions of this subtitle and such rules or
60-program directives as the Secretary or the Board may from time to time prescribe.
38+FOR the purpose of requiring the Department of the Environment to provide a certain 4
39+intended use plan to the General Assembly within a certain period of time; altering 5
40+the definition of “privately owned wastewater facility” as it relates to the awarding 6
41+of grants from the Bay Restoration Fund; requiring the Department of the 7
42+Environment and the Department of Planning to report on and the Department of 8
43+the Environment to provide certain information regarding funding for privately 9
44+owned wastewater facilities to the General Assembly and the Department of Budget 10
45+and Management; prohibiting the Department of the Environment from providing 11
46+funding from the Bay Restoration Fund’s Clean Water Commerce Account Fund to 12
47+privately owned wastewater facilities if a determination is made that the facility was 13
48+not in compliance with a certain discharge permit for a certain period of time; 14
49+prohibiting the Act from being construed to apply to a certain industrial wastewater 15 2 HOUSE BILL 714
6150
62- (F) THE DEPARTMENT SHALL PROV IDE TO THE GENERAL ASSEMBLY, IN
63-ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, A COPY OF
64-EACH INTENDED USE PL AN THAT THE DEPARTMENT SUBMITS TO THE U.S.
65-ENVIRONMENTAL PROTECTION AGENCY TO REQUEST FED ERAL CAPITALIZATION
66-GRANTS AND AWARDS IN ACCORDANCE WITH TITLE VI OF THE FEDERAL WATER
67-POLLUTION CONTROL ACT FOR USE IN THE WATER QUALITY FUND WITHIN 5 DAYS
68-AFTER THE DEPARTMENT PUBLISHES THE PLAN FOR PUBLIC COMMENT.
6951
70-9–1605.2.
52+facility that is connecting to a publicly owned wastewater facility; and generally 1
53+relating to funding from the Bay Restoration Fund, intended use plans, and privately 2
54+owned wastewater facilities. 3
7155
72- (i) (1) (i) In this subsection the following words have the meanings
73-indicated.
56+BY repealing and reenacting, with amendments, 4
57+ Article – Environment 5
58+Section 9–1605(a)(1), 9–1605(a)(1) and 9–1605.2(i)(1) and (2)(i) and (k), and 6
59+9–1605.4(q) (k) 7
60+ Annotated Code of Maryland 8
61+ (2014 Replacement Volume and 2021 Supplement) 9
7462
75- (ii) “Eligible costs” means the additional costs that would be
76-attributable to upgrading a wastewater facility to enhanced nutrient removal, as
77-determined by the Department.
63+BY adding to 10
64+ Article – Environment 11
65+Section 9–1605(f) and 9–1605.2(i)(12) 12
66+ Annotated Code of Maryland 13
67+ (2014 Replacement Volume and 2021 Supplement) 14
7868
79- (iii) “Privately owned wastewater facility” means a wastewater
80-facility that is owned by a private entity AND PROVIDES WASTEWA TER TREATMENT OR
81-DISPOSAL SERVICES TO MULTIPLE RESIDENTIAL DWELLING UNITS .
69+BY repealing and reenacting, without amendments, 15
70+ Article – Environment 16
71+Section 9–1605.2(i)(2)(i) 17
72+Annotated Code of Maryland 18
73+ (2014 Replacement Volume and 2021 Supplement) 19
8274
83- (iv) “Publicly owned wastewater facility” means a wastewater facility
84-that is owned by this State or a political subdivision, municipal corporation, or other public
85-entity.
75+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
76+That the Laws of Maryland read as follows: 21
8677
87- (2) Funds in the Bay Restoration Fund shall be used only:
78+Article – Environment 22
8879
89- (i) 1. To award grants for up to 100% of eligible costs of projects
90-relating to planning, design, construction, and upgrade of a publicly owned wastewater
91-facility for flows up to the design capacity of the wastewater facility, as approved by the
92-Department, to achieve enhanced nutrient removal in accordance with paragraph (3) of this
93-subsection; and
80+9–1605. 23
9481
95- 2. To SUBJECT TO PARAGRAPH (12) OF THIS
96-SUBSECTION, TO award grants for up to 50% of eligible costs of projects relating to LAWRENCE J. HOGAN, JR., Governor Ch. 342
82+ (a) (1) (I) There is a Maryland Water Quality Revolving Loan Fund. 24
9783
98-– 3 –
99-planning, design, construction, and upgrade of a privately owned wastewater facility for
100-flows up to the design capacity of the wastewater facility, as approved by the Department,
101-to achieve enhanced nutrient removal in accordance with paragraph (3) of this subsection;
84+ (II) The Water Quality Fund shall be maintained and administered 25
85+by the Administration in accordance with the provisions of this subtitle and such rules or 26
86+program directives as the Secretary or the Board may from time to time prescribe. 27
10287
103- (12) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
104-PARAGRAPH , THE DEPARTMENT MAY NOT PR OVIDE FUNDING UNDER THIS SECTION
105-TO THE OWNER OF A PR IVATELY OWNED WASTEWATER FACILITY IF THE
106-DEPARTMENT OR THE U.S. ENVIRONMENTAL PROTECTION AGENCY HAS
107-DETERMINED IN THE 2 YEARS IMMEDIATELY PR ECEDING THE DATE ON WHICH THE
108-OWNER APPLIED FOR FU NDING UNDER THIS SEC TION THAT THE FACILI TY DID NOT
109-COMPLY WITH A DISCHA RGE PERMI T ISSUED BY THE DEPARTMENT UNDER THIS
110-TITLE.
88+ (F) THE DEPARTMENT SHALL PROV IDE TO THE GENERAL ASSEMBLY, IN 28
89+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, A COPY OF 29
90+EACH INTENDED USE PL AN THAT THE DEPARTMENT SUBMITS TO THE U.S. 30
91+ENVIRONMENTAL PROTECTION AGENCY TO REQUEST FED ERAL CAPITALIZATION 31
92+GRANTS AND AWARDS IN ACCORDANCE WITH TITLE VI OF THE FEDERAL WATER 32
93+POLLUTION CONTROL ACT FOR USE IN THE WATER QUALITY FUND WITHIN 5 DAYS 33
94+AFTER THE DEPARTMENT PUBLISHES THE PLAN FOR PUBLIC COMMENT. 34
11195
112- (II) THE DEPARTMENT MAY PROVID E FUNDING UNDER THIS
113-SECTION TO THE OWNER OF A PRIVATELY OWNED WASTEWATER FACILITY THAT
114-WOULD NOT BE ELIGIBL E FOR FUNDING UNDER SUBPARAGRAPH (I) OF THIS
115-PARAGRAPH IF THE DEPARTMENT DETERMINES , BASED ON PROOF SUBMI TTED BY
116-THE OWNER OF THE FAC ILITY WHEN APPLYING FOR FUNDING UNDER TH IS SECTION,
117-THAT:
96+9–1605.2. 35
97+ HOUSE BILL 714 3
11898
119- 1. THE THE OWNER OF THE FACILIT Y LACKS THE
120-FINANCIAL CAPACITY T O PURCHASE OR UPGRAD E A WASTEWATER TREAT MENT
121-SYSTEM THAT WOULD BR ING THE FACILITY INTO COMPLIANCE WITH THE
122-DISCHARGE PERMIT ISS UED BY THE DEPARTMENT ;.
12399
124- 2. THE FACILITY IS INDEP ENDENTLY OWNED AND
125-OPERATED; AND
100+ (i) (1) (i) In this subsection the following words have the meanings 1
101+indicated. 2
126102
127- 3. THE OWNER OF THE FACI LITY IS NOT A SUBSID IARY
128-OF ANOTHER BUSINESS .
103+ (ii) “Eligible costs” means the additional costs that would be 3
104+attributable to upgrading a wastewater facility to enhanced nutrient removal, as 4
105+determined by the Department. 5
129106
130- (III) 1. THE DEPARTMENT SHALL INCL UDE WITH ITS ANNUAL
131-OPERATING BUDGET PRO POSAL SUBMITTED TO T HE DEPARTMENT OF BUDGET AND
132-MANAGEMENT A LIST OF EACH FACILITY TO WHI CH THE DEPARTMENT PROVIDED
133-FUNDING UNDER SUBPAR AGRAPH (II) OF THIS PARAGRAPH IN THE IMMEDIATELY
134-PRECEDING 12 MONTHS AND THE REASO NS FOR PROVIDING THE FUNDING.
107+ (iii) “Privately owned wastewater facility” means a wastewater 6
108+facility that is owned by a private entity AND PROVIDES WASTEWA TER TREATMENT OR 7
109+DISPOSAL SERVICES TO MULTIPLE RESIDENTIAL DWELLING UNITS . 8
135110
136- 2. IF THE DEPARTMENT PROVIDES T HE LIST UNDER
137-SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH TO THE DEPARTMENT OF BUDGET
138-AND MANAGEMENT , THE DEPARTMENT SHALL IMME DIATELY PROVIDE THE LIST TO
139-THE GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE STATE
140-GOVERNMENT ARTICLE.
141- Ch. 342 2022 LAWS OF MARYLAND
111+ (iv) “Publicly owned wastewater facility” means a wastewater facility 9
112+that is owned by this State or a political subdivision, municipal corporation, or other public 10
113+entity. 11
142114
143-– 4 –
144- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
145-as follows:
115+ (2) Funds in the Bay Restoration Fund shall be used only: 12
146116
147-Article – Environment
117+ (i) 1. To award grants for up to 100% of eligible costs of projects 13
118+relating to planning, design, construction, and upgrade of a publicly owned wastewater 14
119+facility for flows up to the design capacity of the wastewater facility, as approved by the 15
120+Department, to achieve enhanced nutrient removal in accordance with paragraph (3) of this 16
121+subsection; and 17
148122
149-9–1605.2.
123+ 2. To SUBJECT TO PARAGRAPH (12) OF THIS 18
124+SUBSECTION, TO award grants for up to 50% of eligible costs of projects relating to 19
125+planning, design, construction, and upgrade of a privately owned wastewater facility for 20
126+flows up to the design capacity of the wastewater facility, as approved by the Department, 21
127+to achieve enhanced nutrient removal in accordance with paragraph (3) of this subsection; 22
150128
151- (k) (1) [Beginning January 1, 2009, and every year thereafter,] EACH YEAR
152-the Department and the Department of Planning shall jointly report on [the]:
129+ (12) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 23
130+PARAGRAPH , THE DEPARTMENT MAY NOT PR OVIDE FUNDING UNDER THIS SECTION 24
131+TO THE OWNER OF A PR IVATELY OWNED WASTEW ATER FACILITY IF THE 25
132+DEPARTMENT OR THE U.S. ENVIRONMENTAL PROTECTION AGENCY HAS 26
133+DETERMINED IN THE 2 YEARS IMMEDIATELY PR ECEDING THE DATE ON WHICH THE 27
134+OWNER APPLIED FOR FU NDING UNDER THIS SEC TION THAT THE FACILI TY DID NOT 28
135+COMPLY WITH A DISCHA RGE PERMIT ISSUED BY THE DEPARTMENT UNDER THIS 29
136+TITLE. 30
153137
154- (I) THE impact that a wastewater treatment facility that was
155-upgraded to enhanced nutrient removal during the calendar year before the previous
156-calendar year with funds from the Bay Restoration Fund had on growth within the
157-municipality or county in which the wastewater treatment facility is located; AND
138+ (II) THE DEPARTMENT MAY PROVID E FUNDING UNDER THIS 31
139+SECTION TO THE OWNER OF A PRIVATELY OWNED WASTEWATER FACILITY THAT 32
140+WOULD NOT BE ELIGIBL E FOR FUNDING UNDER SUBPARAGRAPH (I) OF THIS 33
141+PARAGRAPH IF THE DEPARTMENT DETER MINES, BASED ON PROOF SUBMI TTED BY 34
142+THE OWNER OF THE FAC ILITY WHEN APPLYING FOR FUNDING UNDER TH IS SECTION, 35
143+THAT: 36
144+ 4 HOUSE BILL 714
158145
159- (II) EACH PRIVATELY OWNED WASTEWATER FACILITY TO
160-WHICH THE DEPARTMENT PROVIDED F UNDING UNDER § 9–1605.4(Q)(3)(II) OF THIS
161-SUBTITLE SUBSECTION (I)(12) OF THIS SECTION IN THE IMMEDIATELY P RECEDING
162-12 MONTHS AND THE REASONS FOR PROV IDING THE FUNDING .
163146
164- (2) (i) In preparing the report required under paragraph (1) of this
165-subsection, the Department of the Environment and the Department of Planning shall:
147+ 1. THE THE OWNER OF THE FACILIT Y LACKS THE 1
148+FINANCIAL CAPACITY T O PURCHASE OR UPGRAD E A WASTEWATER TREAT MENT 2
149+SYSTEM THAT WOULD BR ING THE FA CILITY INTO COMPLIAN CE WITH THE 3
150+DISCHARGE PERMIT ISS UED BY THE DEPARTMENT ;. 4
166151
167- 1. Include the number of permits issued for residential and
168-commercial development to be served by the upgraded wastewater treatment facility; and
152+ 2. THE FACILITY IS INDEP ENDENTLY OWNED AND 5
153+OPERATED; AND 6
169154
170- 2. Determine what other appropriate information is to be
171-included in the report.
155+ 3. THE OWNER OF THE FACI LITY IS NOT A SUBSID IARY 7
156+OF ANOTHER BUSINESS . 8
172157
173- (ii) In determining the information that should be included in the
174-report under subparagraph (i) of this paragraph, the Department of the Environment and
175-the Department of Planning shall act:
158+ (III) 1. THE DEPARTMENT SHALL INCL UDE WITH ITS ANNUAL 9
159+OPERATING BUDGET PRO POSAL SUBMITTED TO T HE DEPARTMENT OF BUDGET AND 10
160+MANAGEMENT A LIST OF EACH FACILITY TO WHI CH THE DEPARTMENT PROVIDED 11
161+FUNDING UNDER SUBPAR AGRAPH (II) OF THIS PARAGRAPH IN THE IMMEDIATELY 12
162+PRECEDING 12 MONTHS AND THE REASO NS FOR PROVIDING THE FUNDING. 13
176163
177- 1. In consultation with the Bay Restoration Fund Advisory
178-Committee; and
164+ 2. IF THE DEPARTMENT PROVIDES T HE LIST UNDER 14
165+SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH TO THE DEPARTMENT OF BUDGET 15
166+AND MANAGEMENT , THE DEPARTMENT SHALL IMME DIATELY PROVIDE THE LIST TO 16
167+THE GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE STATE 17
168+GOVERNMENT ARTICLE. 18
179169
180- 2. With the assistance of the municipality and county in
181-which an upgraded wastewater treatment facility is located.
170+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
171+as follows: 20
182172
183- (3) The Department and the Department of Planning shall submit the
184-report required under paragraph (1) of this subsection to the President of the Senate, the
185-Speaker of the House, the Senate Budget and Taxation Committee, the Senate Education,
186-Health, and Environmental Affairs Committee, the House Appropriations Committee, the
187-House Environment and Transportation Committee, and the Governor, in accordance with
188-§ 2–1257 of the State Government Article. LAWRENCE J. HOGAN, JR., Governor Ch. 342
173+Article – Environment 21
189174
190-– 5 –
175+9–1605.2. 22
191176
192-9–1605.4.
177+ (k) (1) [Beginning January 1, 2009, and every year thereafter,] EACH YEAR 23
178+the Department and the Department of Planning shall jointly report on [the]: 24
193179
194- (q) (1) (i) Subject to subparagraph (ii) of this paragraph, a project or
195-practice that is partially financed with another source of State funds may be funded under
196-this section.
180+ (I) THE impact that a wastewater treatment facility that was 25
181+upgraded to enhanced nutrient removal during the calendar year before the previous 26
182+calendar year with funds from the Bay Restoration Fund had on growth within the 27
183+municipality or county in which the wastewater treatment facility is located; AND 28
197184
198- (ii) Funding provided to a project or practice under this subsection
199-shall be prorated to cover only the portion of the environmental benefit not funded by
200-another State source.
185+ (II) EACH PRIVATELY OWNED WASTEWATER FACILITY TO 29
186+WHICH THE DEPARTMENT PROVIDED F UNDING UNDER § 9–1605.4(Q)(3)(II) OF THIS 30
187+SUBTITLE SUBSECTION (I)(12) OF THIS SECTION IN THE IMMEDIATELY P RECEDING 31
188+12 MONTHS AND THE REASONS FOR PROV IDING THE FUNDING . 32
201189
202- (2) (i) An environmental outcome that is funded entirely with public
203-funds is not eligible to be purchased with funds from the Account.
190+ (2) (i) In preparing the report required under paragraph (1) of this 33
191+subsection, the Department of the Environment and the Department of Planning shall: 34 HOUSE BILL 714 5
204192
205- (ii) If an environmental outcome is partially funded with public
206-funds and is verified under subsection (l) of this section, funds from the Account may be
207-used to purchase the remaining portion of the environmental outcome that is not funded
208-with public funds.
209193
210- (3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
211-PARAGRAPH , THE DEPARTMENT MAY NOT PR OVIDE FUNDING UNDER THIS SECTION
212-TO THE OWNER OF A PR IVATELY OWNED WASTEW ATER FACILITY, AS DEFINED IN §
213-9–1605.2(I) OF THIS SUBTITLE, IF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL
214-PROTECTION AGENCY HAS DETERMINED IN THE 2 YEARS IMMEDIATELY PR ECEDING
215-THE DATE ON WHICH TH E OWNER OF THE FACIL ITY SUBMITTED A FUND ING
216-PROPOSAL UNDER THIS SECTION THAT THE FAC ILITY DID NOT COMPLY WITH A
217-DISCHARGE PERMIT ISS UED BY THE DEPARTMENT UNDER THIS TITLE.
218194
219- (II) THE DEPARTMENT MAY PROVID E FUNDING UNDER THIS
220-SECTION TO THE OWNER OF A PRIVATELY OWNED WASTEWATER FACILITY THAT
221-WOULD NOT BE ELIGIBL E FOR FUNDING UNDER SUBPARAGRAPH (I) OF THIS
222-PARAGRAPH IF THE DEPARTMENT D ETERMINES, BASED ON PROOF SUBMI TTED BY
223-THE OWNER OF THE FAC ILITY WHEN SUBMITTIN G A FUNDING PROPOSAL UNDER
224-THIS SECTION, THAT:
195+ 1. Include the number of permits issued for residential and 1
196+commercial development to be served by the upgraded wastewater treatment facility; and 2
225197
226- 1. THE OWNER OF THE FACI LITY LACKS THE FINAN CIAL
227-CAPACITY TO PURCHASE OR UPGRADE A WASTEWA TER TREATMENT SYSTEM THAT
228-WOULD BRING THE FACILITY I NTO COMPLIANCE WITH THE DISCHARGE PERMIT
229-ISSUED BY THE DEPARTMENT ;
198+ 2. Determine what other appropriate information is to be 3
199+included in the report. 4
230200
231- 2. THE FACILITY IS INDEP ENDENTLY OWNED AND
232-OPERATED; AND
201+ (ii) In determining the information that should be included in the 5
202+report under subparagraph (i) of this paragraph, the Department of the Environment and 6
203+the Department of Planning shall act: 7
233204
234- 3. THE OWNER OF THE FACI LITY IS NOT A SUBSID IARY
235-OF ANOTHER BUSINESS . Ch. 342 2022 LAWS OF MARYLAND
205+ 1. In consultation with the Bay Restoration Fund Advisory 8
206+Committee; and 9
236207
237-– 6 –
208+ 2. With the assistance of the municipality and county in 10
209+which an upgraded wastewater treatment facility is located. 11
238210
239- (III) 1. THE DEPARTMENT SHALL INCLUDE WITH I TS ANNUAL
240-OPERATING BUDGET PRO POSAL SUBMITTED TO T HE DEPARTMENT OF BUDGET AND
241-MANAGEMENT A LIST OF EACH FACILITY TO WHI CH THE DEPARTMENT PROVIDED
242-FUNDING UNDER SUBPAR AGRAPH (II) OF THIS PARAGRAPH IN THE IMMEDIATELY
243-PRECEDING 12 MONTHS AND THE REASONS FOR P ROVIDING THE FUNDING .
211+ (3) The Department and the Department of Planning shall submit the 12
212+report required under paragraph (1) of this subsection to the President of the Senate, the 13
213+Speaker of the House, the Senate Budget and Taxation Committee, the Senate Education, 14
214+Health, and Environmental Affairs Committee, the House Appropriations Committee, the 15
215+House Environment and Transportation Committee, and the Governor, in accordance with 16
216+§ 2–1257 of the State Government Article. 17
244217
245- 2. IF THE DEPARTMENT PROVIDES T HE LIST UNDER
246-SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH TO THE DEPARTMENT OF BUDGET
247-AND MANAGEMENT , THE DEPARTMENT SHALL IMME DIATELY PROVIDE THE LIST TO
248-THE GENERAL ASSEMBLY IN ACC ORDANCE WITH § 2–1257 OF THE STATE
249-GOVERNMENT ARTICLE.
218+9–1605.4. 18
250219
251- SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not be construed
252-to apply to any privately owned industrial wastewater facility that is connecting to a publicly
253-owned wastewater facility and has been awarded grant funding for this purpose from the
254-Bay Restoration Fund in the Fiscal Year 2023 Capital Budget or any preceding Capital
255-Budget.
220+ (q) (1) (i) Subject to subparagraph (ii) of this paragraph, a project or 19
221+practice that is partially financed with another source of State funds may be funded under 20
222+this section. 21
256223
257- SECTION 3. 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
258-July 1, 2022. Section 2 of this Act shall remain effective until the taking effect of the
259-termination provision specified in Section 3 of Chapters 694 and 695 of the Acts of the
260-General Assembly of 2021. If that termination provision takes effect, Section 2 of this Act
261-shall be abrogated and of no further force and effect. This Act may not be interpreted to
262-have any effect on that termination provision.
224+ (ii) Funding provided to a project or practice under this subsection 22
225+shall be prorated to cover only the portion of the environmental benefit not funded by 23
226+another State source. 24
263227
264-Approved by the Governor, May 12, 2022.
228+ (2) (i) An environmental outcome that is funded entirely with public 25
229+funds is not eligible to be purchased with funds from the Account. 26
230+
231+ (ii) If an environmental outcome is partially funded with public 27
232+funds and is verified under subsection (l) of this section, funds from the Account may be 28
233+used to purchase the remaining portion of the environmental outcome that is not funded 29
234+with public funds. 30
235+
236+ (3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 31
237+PARAGRAPH , THE DEPARTMENT MAY NOT PR OVIDE FUNDING UNDER THIS SECTION 32
238+TO THE OWNER OF A PR IVATELY OWNED WASTEW ATER FACILITY, AS DEFINED IN § 33
239+9–1605.2(I) OF THIS SUBTITLE, IF THE DEPARTMENT OR THE U.S. ENVIRONMENTAL 34 6 HOUSE BILL 714
240+
241+
242+PROTECTION AGENCY HAS DETERMINED IN THE 2 YEARS IMMEDIATELY PR ECEDING 1
243+THE DATE ON WHICH TH E OWNER OF THE FACIL ITY SUBMITTED A FUND ING 2
244+PROPOSAL UNDER THIS SECTION THAT THE FAC ILITY DID NOT COMPLY WITH A 3
245+DISCHARGE PERMIT ISSUED BY THE DEPARTMENT UNDER THIS TITLE. 4
246+
247+ (II) THE DEPARTMENT MAY PROVID E FUNDING UNDER THIS 5
248+SECTION TO THE OWNER OF A PRIVATELY OWNED WASTEWATER FACILITY THAT 6
249+WOULD NOT BE ELIGIBL E FOR FUNDING UNDER SUBPARAGRAPH (I) OF THIS 7
250+PARAGRAPH IF THE DEPARTMEN T DETERMINES , BASED ON PROOF SUBMI TTED BY 8
251+THE OWNER OF THE FAC ILITY WHEN SUBMITTIN G A FUNDING PROPOSAL UNDER 9
252+THIS SECTION, THAT: 10
253+
254+ 1. THE OWNER OF THE FACI LITY LACKS THE FINAN CIAL 11
255+CAPACITY TO PURCHASE OR UPGRADE A WASTEWA TER TREATMENT SYSTEM THAT 12
256+WOULD BRING THE FACILITY I NTO COMPLIANCE WITH THE DISCHARGE PERMIT 13
257+ISSUED BY THE DEPARTMENT ; 14
258+
259+ 2. THE FACILITY IS INDEP ENDENTLY OWNED AND 15
260+OPERATED; AND 16
261+
262+ 3. THE OWNER OF THE FACI LITY IS NOT A SUBSID IARY 17
263+OF ANOTHER BUSINESS . 18
264+
265+ (III) 1. THE DEPARTMENT SHA LL INCLUDE WITH ITS ANNUAL 19
266+OPERATING BUDGET PRO POSAL SUBMITTED TO T HE DEPARTMENT OF BUDGET AND 20
267+MANAGEMENT A LIST OF EACH FACILITY TO WHI CH THE DEPARTMENT PROVIDED 21
268+FUNDING UNDER SUBPAR AGRAPH (II) OF THIS PARAGRAPH IN THE IMMEDIATELY 22
269+PRECEDING 12 MONTHS AND THE REASONS FOR PROV IDING THE FUNDING . 23
270+
271+ 2. IF THE DEPARTMENT PROVIDES T HE LIST UNDER 24
272+SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH TO THE DEPARTMENT OF BUDGET 25
273+AND MANAGEMENT , THE DEPARTMENT SHALL IMME DIATELY PROVIDE THE LIST TO 26
274+THE GENERAL ASSEMBLY IN ACCORDANCE WITH § 2–1257 OF THE STATE 27
275+GOVERNMENT ARTICLE. 28
276+
277+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not be construed 29
278+to apply to any privately owned industrial wastewater facility that is connecting to a publicly 30
279+owned wastewater facility and has been awarded grant funding for this purpose from the 31
280+Bay Restoration Fund in the Fiscal Year 2023 Capital Budget or any preceding Capital 32
281+Budget. 33
282+
283+ SECTION 3. 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
284+July 1, 2022. Section 2 of this Act shall remain effective until the taking effect of the 35
285+termination provision specified in Section 3 of Chapters 694 and 695 of the Acts of the 36 HOUSE BILL 714 7
286+
287+
288+General Assembly of 2021. If that termination provision takes effect, Section 2 of this Act 1
289+shall be abrogated and of no further force and effect. This Act may not be interpreted to 2
290+have any effect on that termination provision. 3
291+
292+
293+
294+
295+Approved:
296+________________________________________________________________________________
297+ Governor.
298+________________________________________________________________________________
299+ Speaker of the House of Delegates.
300+________________________________________________________________________________
301+ President of the Senate.