MD
Maryland House Bill HB869

Maryland 2022 Regular Session

Maryland House Bill HB869 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 465
21
3-– 1 –
4-Chapter 465
5-(House Bill 869)
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+ *hb0869*
89
9-Wetlands and Waterways Program Division – Authorizations Permitting for
10-Ecological Restoration Projects – Required Study
10+HOUSE BILL 869
11+M3 2lr1149
12+ CF SB 945
13+By: Delegates Gilchrist, Foley, D. Jones, Lehman, J. Lewis, Ruth, Stein, and
14+P. Young
15+Introduced and read first time: February 7, 2022
16+Assigned to: Environment and Transportation
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: March 14, 2022
1120
12-FOR the purpose of requiring the Department of the Environment Environment’s Wetlands
13-and Waterways Program Division to establish a certain process for reviewing and
14-evaluating applications for wetlands and waterways authorizations study permitting
15-for ecological restoration projects on or before a certain date; and generally relating
16-to wetlands and waterways authorizations a study on permitting for ecological
17-restoration projects.
21+CHAPTER ______
1822
19-BY adding to
20- Article – Environment
21-Section 5–203.2
22- Annotated Code of Maryland
23- (2013 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2424
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
25+Wetlands and Waterways Program Division – Authorizations Permitting for 2
26+Ecological Restoration Projects – Required Study 3
2727
28- (a) The Department of the Environment’s Wetlands and Waterways Program
29-Division shall conduct a comprehensive study, analysis, and evaluation of:
28+FOR the purpose of requiring the Department of the Environment Environment’s Wetlands 4
29+and Waterways Program Division to establish a certain process for reviewing and 5
30+evaluating applications for wetlands and waterways authorizations study permitting 6
31+for ecological restoration projects on or before a certain date; and generally relating 7
32+to wetlands and waterways authorizations a study on permitting for ecological 8
33+restoration projects. 9
3034
31- (1) State statutes and regulations that affect permitting or completion of
32-ecological restoration projects permitted by the Wetlands and Waterways Program
33-Division;
35+BY adding to 10
36+ Article – Environment 11
37+Section 5–203.2 12
38+ Annotated Code of Maryland 13
39+ (2013 Replacement Volume and 2021 Supplement) 14
3440
35- (2) the permit and permit review process for ecological restoration permits
36-in the State;
41+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
42+That the Laws of Maryland read as follows: 16
3743
38- (3) the opportunities for robust public comment and community review of
39-ecological restoration projects in order to:
44+ (a) The Department of the Environment’s Wetlands and Waterways Program 17
45+Division shall conduct a comprehensive study, analysis, and evaluation of: 18
46+ 2 HOUSE BILL 869
4047
41- (i) determine if the short–term and long–term effects of a project
42-will meet the aims of the community; and
4348
44- (ii) review the scientific basis of the purpose of a project and its
45-connection to the watershed;
49+ (1) State statutes and regulations that affect permitting or completion of 1
50+ecological restoration projects permitted by the Wetlands and Waterways Program 2
51+Division; 3
4652
47- (4) the average time it takes between project submittal to project approval
48-for an ecological restoration project in the State compared to other states; and
49- Ch. 465 2022 LAWS OF MARYLAND
53+ (2) the permit and permit review process for ecological restoration permits 4
54+in the State; 5
5055
51-– 2 –
52- (5) the efficiency and effectiveness of the current joint application permit
53-and permit review processes and current counterincentives to watershed–based stream
54-restoration.
56+ (3) the opportunities for robust public comment and community review of 6
57+ecological restoration projects in order to: 7
5558
56- (b) The Wetlands and Water ways Program Division shall conduct the
57-comprehensive study, analysis, and evaluation required under subsection (a) of this section
58-in consultation and coordination with:
59+ (i) determine if the short–term and long–term effects of a project 8
60+will meet the aims of the community; and 9
5961
60- (1) the Department of Natural Resources;
62+ (ii) review the scientific basis of the purpose of a project and its 10
63+connection to the watershed; 11
6164
62- (2) representatives of:
65+ (4) the average time it takes between project submittal to project approval 12
66+for an ecological restoration project in the State compared to other states; and 13
6367
64- (i) the ecological restoration industry that have completed ecological
65-restoration projects in the State;
68+ (5) the efficiency and effectiveness of the current joint application permit 14
69+and permit review processes and current counterincentives to watershed–based stream 15
70+restoration. 16
6671
67- (ii) environmental advocacy organizations with scientific or practical
68-background in ecosystem restoration;
72+ (b) The Wetlands and Waterways Program Division shall conduct the 17
73+comprehensive study, analysis, and evaluation required under subsection (a) of this section 18
74+in consultation and coordination with: 19
6975
70- (iii) community groups and community –based environmental
71-advocacy organizations; and
76+ (1) the Department of Natural Resources; 20
7277
73- (iv) county governments in the State, including county
74-environmental policy directors and county sustainability officers; and
78+ (2) representatives of: 21
7579
76- (3) if able to participate, representatives from:
80+ (i) the ecological restoration industry that have completed ecological 22
81+restoration projects in the State; 23
7782
78- (i) the University of Maryland Center for Environmental Science –
79-Chesapeake Biological Laboratory;
83+ (ii) environmental advocacy organizations with scientific or practical 24
84+background in ecosystem restoration; 25
8085
81- (ii) the University of Maryland Palmer Lab; and
86+ (iii) community groups and community –based environmental 26
87+advocacy organizations; and 27
8288
83- (iii) any other scientific research center or laboratory that specializes
84-in ecosystem restoration.
89+ (iv) county governments in the State, including county 28
90+environmental policy directors and county sustainability officers; and 29
8591
86- (c) The Wetlands and Waterways Program Division shall develop legislative and
87-regulatory recommendations based on the results of the comprehensive study, analysis,
88-and evaluation required under subsection (a) of this section, including:
92+ (3) if able to participate, representatives from: 30
8993
90- (1) the definition of ecological restoration that incorporates measurable
91-scientific aims, including:
94+ (i) the University of Maryland Center for Environmental Science – 31
95+Chesapeake Biological Laboratory; 32 HOUSE BILL 869 3
9296
93- (i) the reduction of nitrogen, sediment, and phosphorus pollution;
94-and
9597
96- (ii) the improvement of benthic environment as compared with
97-conditions existing at the site of the project during site selection; LAWRENCE J. HOGAN, JR., Governor Ch. 465
9898
99-– 3 –
99+ (ii) the University of Maryland Palmer Lab; and 1
100100
101- (2) recommendations for a separate and distinct permit application and
102-processes for watershed–based ecological restoration permits;
101+ (iii) any other scientific research center or laboratory that specializes 2
102+in ecosystem restoration. 3
103103
104- (3) a schedule for regular evaluation of regulations to determine if changes
105-are necessary to reflect scientific advances in the field, in accordance with § 10–132 of the
106-State Government Article;
104+ (c) The Wetlands and Waterways Program Division shall develop legislative and 4
105+regulatory recommendations based on the results of the comprehensive study, analysis, 5
106+and evaluation required under subsection (a) of this section, including: 6
107107
108- (4) an evaluation of the need for continuing education requirements for
109-staff of the Department of the Environment and the Department of Natural Resources
110-involved in permitting activities for wetlands and waterways;
108+ (1) the definition of ecological restoration that incorporates measurable 7
109+scientific aims, including: 8
111110
112- (5) recommendations for ensuring permits are issued in a timely and
113-efficient manner, and any other improvements to the existing permit process;
111+ (i) the reduction of nitrogen, sediment, and phosphorus pollution; 9
112+and 10
114113
115- (6) recommendations for permits to be reviewed holistically and in a
116-manner that weighs the benefits of a restored ecosystem over individual resources;
114+ (ii) the improvement of benthic environment as compared with 11
115+conditions existing at the site of the project during site selection; 12
117116
118- (7) to ensure that permits are issued in a timely and efficient manner to
119-achieve the optimal ecosystem restoration outcome, changes to statutes and regulations
120-that hinder or conflict with ecological restoration permits, review processes, or project
121-implementation; and
117+ (2) recommendations for a separate and distinct permit application and 13
118+processes for watershed–based ecological restoration permits; 14
122119
123- (8) an analysis of whether additional staff or resources are needed for the
124-establishment of a new permit.
120+ (3) a schedule for regular evaluation of regulations to determine if changes 15
121+are necessary to reflect scientific advances in the field, in accordance with § 10–132 of the 16
122+State Government Article; 17
125123
126- (d) On or before June 1, 2024, the Department of the Environment shall report
127-on the findings and recommendations in accordance with this section to the Governor and,
128-in accordance with § 2–1257 of the State Government Article, the General Assembly.
124+ (4) an evaluation of the need for continuing education requirements for 18
125+staff of the Department of the Environment and the Department of Natural Resources 19
126+involved in permitting activities for wetlands and waterways; 20
129127
130-Article – Environment
128+ (5) recommendations for ensuring permits are issued in a timely and 21
129+efficient manner, and any other improvements to the existing permit process; 22
131130
132-5–203.2.
131+ (6) recommendations for permits to be reviewed holistically and in a 23
132+manner that weighs the benefits of a restored ecosystem over individual resources; 24
133133
134- (A) ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT SHALL ESTA BLISH
135-A PROCESS FOR REVIEW ING AND EVALUATING A PPLICATIONS FOR WETL ANDS AND
136-WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS .
134+ (7) to ensure that permits are issued in a timely and efficient manner to 25
135+achieve the optimal ecosystem restoration outcome, changes to statutes and regulations 26
136+that hinder or conflict with ecological restoration permits, review processes, or project 27
137+implementation; and 28
137138
138- (B) THE PROCESS REQUIRED UNDER SUBSECTION (A) OF THIS SECTION ,
139-SHALL:
139+ (8) an analysis of whether additional staff or resources are needed for the 29
140+establishment of a new permit. 30
140141
141- (1) BE SEPARATE AND DISTI NCT FROM THE PROCESS FOR REVIEWING
142-AND EVALUATING APPLI CATIONS FOR WETLANDS AND WATERWAYS
143-AUTHORIZATIONS FOR D EVELOPMENT PROJECTS ;
142+ (d) On or before June 1, 2024, the Department of the Environment shall report 31
143+on the findings and recommendations in accordance with this section to the Governor and, 32
144+in accordance with § 2–1257 of the State Government Article, the General Assembly. 33 4 HOUSE BILL 869
144145
145- (2) (I) BE BASED ON THE BEST AVAILABLE SCIENCE ; AND Ch. 465 2022 LAWS OF MARYLAND
146146
147-– 4 –
148147
149- (II) BE UPDATED ACCORDINGL Y AS THE BEST AVAILA BLE
150-SCIENCE EVOLVES ;
148+Article – Environment 1
151149
152- (3) REQUIRE APPLICATIONS TO BE REVIEWED BY IN DIVIDUALS WITH
153-EXPERTISE IN ECOLOGI CAL RESTORATION PROJ ECTS, INCLUDING TRAINING O N:
150+5–203.2. 2
154151
155- (I) THE BEST AVAILABLE SC IENCE, TECHNOLOGY , AND
156-PRACTICES APPLICABLE T O ECOLOGICAL RESTORA TION PROJECTS ; AND
152+ (A) ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT SHALL ESTA BLISH 3
153+A PROCESS FOR REVIEW ING AND EVALUATING A PPLICATIONS FOR WETL ANDS AND 4
154+WATERWAYS AUTHORIZATIONS FOR E COLOGICAL RESTORATIO N PROJECTS. 5
157155
158- (II) THE DIFFERENCES BETWE EN DEVELOPMENT PROJE CTS
159-AND ECOLOGICAL RESTO RATION PROJECTS ;
156+ (B) THE PROCESS REQUIRED UNDER SUBSECTION (A) OF THIS SECTION , 6
157+SHALL: 7
160158
161- (4) ESTABLISH REVIEW CRIT ERIA THAT ARE SPECIF ICALLY
162-TAILORED TO RESTORAT ION;
159+ (1) BE SEPARATE AND DISTI NCT FROM THE PROCESS FOR REVIEWING 8
160+AND EVALUATING APPLI CATIONS FOR WETLANDS AND WATERWAYS 9
161+AUTHORIZATIONS FOR DEVELOPMENT PROJ ECTS; 10
163162
164- (5) REQUIRE APPLICATIONS TO BE R EVIEWED IN A MANNER THAT
165-WEIGHS THE BENEFITS OF A RESTORED ECOSYS TEM OVER THE BENEFIT S OF AN
166-INDIVIDUAL WETLAND O R WATERWAY ;
163+ (2) (I) BE BASED ON THE BEST AVAILABLE SCIENCE ; AND 11
167164
168- (6) IF APPROPRIATE , WAIVE ANY REQUIREMEN T TO MINIMIZE
169-ALTERATION, IMPAIRMENT , OR DISTURBANCE OF A WETLAND O R WATERWAY IF AN
170-ALTERATION, IMPAIRMENT , OR DISTURBANCE OF TH E WETLAND OR WATERWA Y IS
171-NECESSARY FOR THE VI ABILITY OF THE PROJE CT; AND
165+ (II) BE UPDATED ACCORDINGL Y AS THE BEST AVAILA BLE 12
166+SCIENCE EVOLVES ; 13
172167
173- (7) PROVIDE A METHOD FOR EXPEDITING REVIEW OF WETLANDS AND
174-WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS FOR THE
175-PURPOSES OF:
168+ (3) REQUIRE APPLICATIONS TO BE REVIEWED BY IN DIVIDUALS WITH 14
169+EXPERTISE IN ECOLOGI CAL RESTORATION PR OJECTS, INCLUDING TRAINING O N: 15
176170
177- (I) ENSURING STATE FUNDING FOR RES TORATION IS USED
178-MOST EFFICIENTLY AND EFFECTIVELY; AND
171+ (I) THE BEST AVAILABLE SC IENCE, TECHNOLOGY , AND 16
172+PRACTICES APPLICABLE TO ECOLOGICAL RESTOR ATION PROJECTS ; AND 17
179173
180- (II) AVOIDING UNNECESSARY COSTS ASSOCIATED WIT H
181-WETLANDS AND WATERWA YS AUTHORIZATIONS AN D PROJECT CONSTRUCTI ON IN
182-ORDER TO LOWER THE O VERALL COSTS TO THE STATE TO ACHIEVE ITS
183-CHESAPEAKE BAY RESTORATION GOALS UNDER THE CHESAPEAKE BAY TOTAL
184-MAXIMUM DAILY LOAD AND THE 2014 CHESAPEAKE BAY WATERSHED
185-AGREEMENT.
174+ (II) THE DIFFERENCES BETWE EN DEVELOPMENT PROJE CTS 18
175+AND ECOLOGICAL RESTO RATION PROJECTS ; 19
186176
187- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
188-October 1, 2022.
177+ (4) ESTABLISH REVIEW CRITERIA THAT ARE SPECIFICALLY 20
178+TAILORED TO RESTORAT ION; 21
189179
190-Approved by the Governor, May 16, 2022.
180+ (5) REQUIRE APPLICATIONS TO BE REVIEWED IN A MANNER THAT 22
181+WEIGHS THE BENEFITS OF A RESTORED ECOSYS TEM OVER THE BENEFIT S OF AN 23
182+INDIVIDUAL WETLAND O R WATERWAY ; 24
183+
184+ (6) IF APPROPRIATE , WAIVE AN Y REQUIREMENT TO MIN IMIZE 25
185+ALTERATION, IMPAIRMENT , OR DISTURBANCE OF A WETLAND OR WATERWAY IF AN 26
186+ALTERATION, IMPAIRMENT , OR DISTURBANCE OF TH E WETLAND OR WATERWA Y IS 27
187+NECESSARY FOR THE VI ABILITY OF THE PROJE CT; AND 28
188+ HOUSE BILL 869 5
189+
190+
191+ (7) PROVIDE A METHOD FOR EXPEDITING REVI EW OF WETLANDS AND 1
192+WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS FOR THE 2
193+PURPOSES OF: 3
194+
195+ (I) ENSURING STATE FUNDING FOR RES TORATION IS USED 4
196+MOST EFFICIENTLY AND EFFECTIVELY; AND 5
197+
198+ (II) AVOIDING UNNECESSARY COSTS ASSOCIATED WIT H 6
199+WETLANDS A ND WATERWAYS AUTHORI ZATIONS AND PROJECT CONSTRUCTION IN 7
200+ORDER TO LOWER THE O VERALL COSTS TO THE STATE TO ACHIEVE ITS 8
201+CHESAPEAKE BAY RESTORATION GOALS UNDER THE CHESAPEAKE BAY TOTAL 9
202+MAXIMUM DAILY LOAD AND THE 2014 CHESAPEAKE BAY WATERSHED 10
203+AGREEMENT. 11
204+
205+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
206+October 1, 2022. 13
207+
208+
209+
210+
211+Approved:
212+________________________________________________________________________________
213+ Governor.
214+________________________________________________________________________________
215+ Speaker of the House of Delegates.
216+________________________________________________________________________________
217+ President of the Senate.