EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0171*
SENATE BILL 171
M3 2lr0044
(PRE–FILED)
By: Chair, Education, Health, and Environmental Affairs Committee (By Request
– Departmental – Environment)
Requested: October 4, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Environment – Public Participation Modernization Act 2
FOR the purpose of authorizing the Department of the Environment to hold certain public 3
meetings and hearings regarding certain licensing, permitting, and regulatory 4
responsibilities using teleconference or Internet–based conferencing technology 5
under certain circumstances; requiring applicants for certain licenses or permits to 6
bear the cost of certain public meetings and hearings held using teleconference or 7
Internet–based conferencing technology; repealing a requirement that notices 8
regarding applications for certain air quality permits be sent by certified mail; 9
requiring an applicant for certain permits to comply with specified provisions of law; 10
requiring that certain hearings regarding sewage sludge permits be held in 11
accordance with provisions of law regarding public participation rather than with 12
the Administrative Procedure Act; and generally relating to public participation in 13
the licensing, permitting, and regulations processes of the Department of the 14
Environment. 15
BY repealing and reenacting, without amendments, 16
Article – Environment 17
Section 1–601(a), 1–603(c)(1), 1–604(a)(4)(i), and 5–204(a) 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Environment 22
Section 1–601(f), 2–303, 2–404, 5–204(c), and 7–239 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2021 Supplement) 25
BY repealing and reenacting, with amendments, 26 2 SENATE BILL 171
Article – Environment 1
Section 9–204.2, 9–234, 9–234.1, 9–324, and 16–307(a)(5) 2
Annotated Code of Maryland 3
(2014 Replacement Volume and 2021 Supplement) 4
BY repealing and reenacting, without amendments, 5
Article – Environment 6
Section 16–307(a)(1) 7
Annotated Code of Maryland 8
(2014 Replacement Volume and 2021 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Environment 12
1–601. 13
(a) Permits issued by the Department under the following sections shall be issued 14
in accordance with this subtitle: 15
(1) Air quality control permits to construct subject to § 2–404 of this article; 16
(2) Permits to install, materially alter, or materially extend landfill 17
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 18
(3) Permits to discharge pollutants to waters of the State issued pursuant 19
to § 9–323 of this article; 20
(4) Permits to install, materially alter, or materially extend a structure 21
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 22
pursuant to § 9–234.1 or § 9–238 of this article; 23
(5) Permits to own, operate, establish, or maintain a controlled hazardous 24
substance facility issued pursuant to § 7–232 of this article; 25
(6) Permits to own, operate, or maintain a hazardous material facility 26
issued pursuant to § 7–103 of this article; and 27
(7) Permits to own, operate, establish, or maintain a low–level nuclear 28
waste facility issued pursuant to § 7–233 of this article. 29
(f) (1) When this article requires more than one public informational meeting 30
or public hearing, the Department may consolidate some or all of the meetings or hearings 31
for the proposed facility with similar meetings or hearings. 32
(2) (I) WHEN THIS SUBTITLE RE QUIRES THE DEPARTMENT TO 33 SENATE BILL 171 3
HOLD A PUBLIC INFORM ATIONAL MEETING OR P UBLIC HEARING , THE DEPARTMENT 1
SHALL HOLD THE MEETI NG OR HEARING IN ACC ORDANCE WITH THE REQ UIREMENTS 2
OF THIS PARAGRAPH . 3
(II) THE DEPARTMENT MAY HOLD A PUBLIC INFORMATIONAL 4
MEETING OR PUBLIC HE ARING REQUIRED UNDER THIS SUBTITLE USING 5
TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY UNLESS : 6
1. AN APPLICABLE PROVISION OF FEDERAL STATUTE O R 7
REGULATION REQUIRES THE MEETING OR HEARI NG TO BE HELD IN PER SON; OR 8
2. SUBJECT TO SUBPARAGRA PH (IV) OF THIS 9
PARAGRAPH , ANY PERSON MAKES A T IMELY REQUEST WITHIN THE TIME PERIODS 10
SPECIFIED IN §§ 1–603(C)(1) AND 1–604(A)(4)(I) OF THIS SUBTITLE THA T THE 11
MEETING OR HEARING B E HELD IN PERSON . 12
(III) [The Department shall hold public informational meetings and 13
public hearings] IF THE DEPARTMENT HOLDS AN I N–PERSON PUBLIC 14
INFORMATIONAL MEETIN G OR PUBLIC HEARING , THE DEPARTMENT SHALL HOLD 15
THE MEETING OR HEARI NG at a location in the political subdivision and in close proximity 16
to the location where the individual permit applies. 17
(IV) TO PROTECT PUBLIC HEA LTH AND SAFETY , THE 18
DEPARTMENT IS NOT REQ UIRED TO HOLD AN IN –PERSON PUBLIC INFORM ATIONAL 19
MEETING OR PUBLIC HE ARING SPECIFIED UNDE R SUBPARAGRAPH (II)2 OF THIS 20
PARAGRAPH IF AN EMER GENCY DECLARATION IS ISSUED BY AN EXECUTIVE 21
AUTHORITY OF : 22
1. THE FEDERAL OR STATE GOVERNMENT ; OR 23
2. THE LOCAL GOVERNMENT WITH JURISDICTION OV ER 24
A COUNTY OR MUNICIPA LITY WHERE THE IN –PERSON MEETING OR HE ARING WOULD 25
OTHERWISE BE HELD . 26
(V) THE APPLICANT SHALL B EAR THE COST OF A PU BLIC 27
INFORMATIONAL MEETIN G OR PUBLIC HEARING HELD USING TELECONFE RENCE OR 28
INTERNET–BASED CONFERENCING T ECHNOLOGY IN ACCORDA NCE WITH 29
SUBPARAGRAPH (II) OF THIS PARAGRAPH . 30
1–603. 31
(c) (1) Upon written request made within 10 working days after publication of 32
a notice of application, or in its own discretion, the Department shall provide an opportunity 33
for an informational meeting with respect to the application. 34 4 SENATE BILL 171
1–604. 1
(a) (4) (i) The Department shall schedule a public hearing on the tentative 2
determination when a written request for a public hearing is made within 20 days of 3
publication of a notice of the tentative determination. 4
2–303. 5
(a) The Department may not adopt any rule or regulation under this title unless 6
the requirements of this section and the Administrative Procedure Act are met. 7
(b) (1) Before adopting any rule or regulation under this title, the Department 8
shall announce and hold a public hearing on the subject. 9
(2) A PUBLIC HEARING REQUI RED UNDER THIS SUBTI TLE MAY BE 10
HELD USING TELECONFE RENCE OR INTERNET–BASED CONFERENCING 11
TECHNOLOGY . 12
(c) (1) [Until October 1, 2014, at least 30 days before the public hearing, the 13
Department shall publish notice of the hearing in a newspaper of general circulation in the 14
area concerned. 15
(2) The notice required under paragraph (1) of this subsection shall state: 16
(i) The date, time, and place of the hearing; 17
(ii) The purpose of the hearing; 18
(iii) That, beginning on October 1, 2014, all future notices required 19
under this title will be posted on the Department’s Web site; and 20
(iv) A phone number or electronic mail address at the Department 21
that a person can contact to arrange for the receipt of future public notices required under 22
this title by first–class mail or electronic mail. 23
(3) Beginning on October 1, 2014, at] AT least 30 days before the public 24
hearing, the Department shall publish notice of the hearing in a newspaper of general 25
circulation in the area concerned or on the Department’s [Web site] WEBSITE. 26
[(4)] (2) The notice required under paragraph [(3)] (1) of this subsection 27
shall state: 28
(i) The date, time, and place of the hearing; and 29
(ii) The purpose of the hearing. 30 SENATE BILL 171 5
(d) [Beginning on October 1, 2014, the] THE Department shall publish annually 1
a notice in a newspaper of general circulation to inform the public of: 2
(1) The types of public notices required under this title that are available 3
on the Department’s [Web site] WEBSITE; and 4
(2) A phone number or electronic mail address at the Department that a 5
person can contact to arrange for the receipt of future public notices required under this 6
title by first–class mail or electronic mail. 7
(e) After the public hearing, the Department may adopt the rule or regulation 8
with or without modification. 9
2–404. 10
(a) This section applies to the following activities: 11
(1) Construction of a new source; 12
(2) Replacement of components of an existing permitted source, if the fixed 13
capital cost of the replacement components exceeds one–half of the fixed capital cost that 14
would be required to construct a new source comparable in process to the existing source; 15
and 16
(3) Modification of an existing permitted source by making a physical or 17
operational change to the source that will result in a significant net increase in emissions 18
of any pollutant from that source. 19
(b) (1) Before accepting an application for a permit subject to subsection (c) of 20
this section, the Department shall require the applicant to submit documentation: 21
(i) That demonstrates that the proposal has been approved by the 22
local jurisdiction for all zoning and land use requirements; or 23
(ii) That the source meets all applicable zoning and land use 24
requirements. 25
(2) Paragraph (1) of this subsection does not apply to any application for a 26
permit to construct at an existing source unless the existing source is a nonconforming use. 27
(c) The Department shall comply with the provisions in subsection (d) of this 28
section before issuing a permit for the activities listed in subsection (a) of this section at: 29
(1) Any source which is required to obtain a permit to operate under 30
regulations adopted under this subtitle; 31
6 SENATE BILL 171
(2) Any source which is subject to federal standards under 40 C.F.R. Part 1
61 (National Emission Standards for Hazardous Air Pollutants) or 40 C.F.R. 52.21 2
(Prevention of Significant Deterioration); or 3
(3) Any source that will, after control, discharge 25 tons or more per year 4
of a pollutant regulated under this title in the areas of Baltimore City designated by the 5
United States Post Office as zip code numbers 21225, 21226, and 21230. 6
(d) (1) On receipt of an application for a permit subject to subsection (c) of this 7
section, the Department shall give notice immediately or require the applicant to give 8
notice immediately of the application [by certified mail] to: 9
(i) The governing body of each county or municipal corporation in 10
which any portion of the source is located or is proposed to be located; 11
(ii) The governing body of each county or municipal corporation 12
within one mile of the property line of the source or the proposed location of the source; 13
(iii) Each member of the General Assembly representing any part of 14
a county in which any portion of the source is located or proposed to be located; and 15
(iv) Each member of the General Assembly representing any part of 16
each county within one mile of the property line of the source or the proposed location of 17
the source. 18
(2) In addition to the requirements under paragraph (1) of this subsection, 19
before issuing a permit subject to subsection (c) of this section, the Department shall: 20
(i) Comply with the provisions of Title 1, Subtitle 6 of this article; 21
and 22
(ii) Conduct any public hearing required by Title 1, Subtitle 6 of this 23
article [in the county in which the proposed source is located]. 24
(3) In addition to the requirements under paragraphs (1) and (2) of this 25
subsection, before issuing a permit to construct a source described in subsection (c)(3) of 26
this section, the Department shall require at the expense of the applicant the preparation 27
of an ambient air quality impact analysis regarding the proposed construction. 28
(e) Before issuing a permit for the activities listed in subsection (a) of this section 29
at any source which is subject to federal standards under 40 C.F.R. Part 60 (New Source 30
Performance Standards), the Department shall: 31
(1) Comply with the provisions of subsection (d) of this section; or 32
(2) (i) Electronically post a notice of an application for the permit on 33
the Department’s [Web site] WEBSITE in accordance with § 1–602(b)(1) of this article; 34 SENATE BILL 171 7
(ii) Give notice to the chief executive of any county or municipal 1
corporation in which any portion of the source is located or is proposed to be located; and 2
(iii) Receive comments from the public on the permit application. 3
(f) The provisions of this section do not apply to any permit to construct control 4
equipment on an existing source or to any permit to operate. 5
5–204. 6
(a) (1) It is the intent of the General Assembly to establish consolidated 7
procedures and notice and hearing requirements for Subtitles 5 and 9 of this title and Titles 8
14, 15, and 16 of this article in order to ensure efficient review and consistent decision 9
making. 10
(2) Notwithstanding any provision of the State Government Article, public 11
notice on pending applications provided in accordance with the provisions of this section 12
shall be the only notice required by law. 13
(c) (1) The Department shall hold a public informational hearing if it receives 14
a timely written request in accordance with the [following] provisions[:] OF THIS 15
SUBSECTION. 16
[(1)] (2) The request shall be received prior to the close of the public 17
comment period. 18
[(2)] (3) A public informational hearing shall be held within 45 calendar 19
days of the close of the public comment period. 20
[(3)] (4) The Department shall specify the date, time, and location of the 21
public INFORMATIONAL hearing. 22
(5) THE PUBLIC INFORMATIO NAL HEARING MAY BE H ELD USING 23
TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY . 24
[(4)] (6) The Department shall mail notice of the date, time, and location 25
of any public informational hearing on an application to those persons on the interested 26
persons list no later than 14 calendar days prior to the hearing. 27
[(5)] (7) The Department may extend the official record of a public 28
informational hearing. 29
(8) THE APPLICANT SHALL B EAR THE COST OF A PU BLIC 30
INFORMATIONAL HEARIN G HELD USING TELECON FERENCE OR INTERNET–BASED 31
CONFERENCING TECHNOL OGY IN ACCORDANCE WI TH PARAGRAPH (5) OF THIS 32 8 SENATE BILL 171
SUBSECTION. 1
7–239. 2
(a) Before the Department issues a controlled hazardous substance facility 3
permit, the Department AND THE APPLICANT shall comply with Title 1, Subtitle 6 of this 4
article. 5
(b) Before the Department issues a low–level nuclear waste facility permit[, the]: 6
(1) THE Department AND THE APPLICANT shall[: 7
(1) Comply] COMPLY with Title 1, Subtitle 6 of this article; and 8
(2) [Conduct] THE DEPARTMENT SHALL COND UCT any public hearing 9
required by § 1–604 of this article: 10
(I) USING TELECONFERENCE OR INTERNET–BASED 11
CONFERENCING TECHNOL OGY; OR 12
(II) IN PERSON in the county where the proposed facility is to be 13
located. 14
9–204.2. 15
(a) In addition to the requirements of § 9–204 of this subtitle and Title 1, Subtitle 16
6 of this article, an applicant for a permit to install, materially alter, or materially extend 17
a landfill system shall give notice of the application by certified mail to: 18
(1) The owners of all real property adjoining the site where the proposed 19
project is located; 20
(2) The chairman of the legislative body and any elected executive of the 21
county where the proposed project site is located; 22
(3) The elected executive of any municipal corporation where the proposed 23
project site is located; and 24
(4) Any other county within 1 mile of where the proposed project site is 25
located. 26
(b) Any informational meeting required by § 1–603 of this article shall be held [in 27
the county where the proposed facility is to be located] IN ACCORDANCE WITH TITLE 1, 28
SUBTITLE 6 OF THIS ARTICLE . 29
9–234. 30 SENATE BILL 171 9
(a) When the Department receives an application for a permit to utilize sewage 1
sludge at a site, the Department immediately shall mail a copy of the permit application: 2
(1) To the legislative body and any elected executive of a county and to the 3
elected executive of any municipal corporation where the sewage sludge utilization site is 4
to be located; and 5
(2) To the legislative body and any elected executive of any other county 6
within 1 mile of the sewage sludge utilization site. 7
(b) For a permit to apply sewage sludge on marginal land or to construct a 8
permanent facility that is designed primarily to utilize sewage sludge, the Department 9
shall: 10
(1) Publish notice of the application in a local newspaper having a 11
substantial circulation in the county where the sewage sludge is to be applied or the facility 12
is to be constructed; 13
(2) Mail a copy of the notice to: 14
(i) The local health official; 15
(ii) The chairman of the legislative body and any elected executive of 16
the county where the sewage sludge is to be applied or the facility is to be constructed; 17
(iii) The elected executive of any municipal corporation where the 18
sewage sludge is to be applied or the facility is to be constructed; and 19
(iv) Any other county within 1 mile of where the sewage sludge is to 20
be applied or the facility is to be constructed. 21
(c) (1) Except as otherwise provided in § 9–234.1 of this subtitle, within 15 22
days after receiving a copy of the permit application, the executive or the legislative body 23
of the county, or the executive or the legislative body of the municipal corporation, where 24
the sewage sludge is to be applied or the facility is to be constructed may request that the 25
Department hold a public hearing. 26
(2) If the Department receives a request under paragraph (1) of this 27
subsection, the Department shall hold a public hearing: 28
(I) USING TELECONFERENCE OR INTERNET–BASED 29
CONFERENCING TECHNOL OGY; OR 30
(II) IN PERSON in the affected subdivision [in accordance with the 31
Administrative Procedure Act]. 32 10 SENATE BILL 171
(3) If the executives or legislative bodies of more than [1] ONE county or 1
municipal corporation request a hearing under this subsection, the Department may hold 2
a consolidated hearing: 3
(I) USING TELECONFERENCE OR INTERNET–BASED 4
CONFERENCING TECHNOL OGY; OR 5
(II) IN PERSON in [1] ONE county. 6
(4) AN APPLICANT SHALL BE AR THE COST OF HOLDI NG A PUBLIC 7
HEARING USING TELECO NFERENCE OR INTERNET–BASED CONFERENCING 8
TECHNOLOGY IN ACCORD ANCE WITH PARAGRAPH (2) OR (3) OF THIS SUBSECTION . 9
(d) For a permit to apply sewage sludge on land other than marginal land, the 10
Department shall mail a copy of the permit application to: 11
(1) The local health official; 12
(2) The chairman of the legislative body and any elected executive of the 13
county where the sewage sludge is to be applied; and 14
(3) The elected executive of any municipal corporation where the sewage 15
sludge is to be applied. 16
(e) (1) Within 10 days after receiving a copy of the permit application, the 17
executive or the legislative body of the county, or the executive or the legislative body of the 18
municipal corporation, where the sewage sludge is to be applied may request that the 19
Department conduct a public information meeting. 20
(2) If the Department receives a request under paragraph (1) of this 21
subsection, the Department: 22
(i) Shall conduct a public information meeting: 23
1. USING TELECONFERENCE OR INTERNET–BASED 24
CONFERENCING TECHNOL OGY; OR 25
2. IN PERSON in the affected subdivision; 26
(ii) May consolidate the public information meeting with [1] ONE or 27
more public information meetings for other applications in the same county; and 28
(iii) Shall notify the applicant for a permit and give the applicant the 29
opportunity to present information at the public information meeting. 30
SENATE BILL 171 11
(3) If the executives or legislative bodies of more than [1] ONE county or 1
municipal corporation request a public information meeting under this subsection, the 2
Department may hold a consolidated public information meeting: 3
(I) USING TELECONFERENCE OR INTERNET–BASED 4
CONFERENCING TECHNOL OGY; OR 5
(II) IN PERSON in [1] ONE county. 6
(4) AN APPLICANT SHALL BEAR THE COST OF HOLDING A PUBLIC 7
INFORMATION MEETING USING TELECONFERENCE OR INTERNET–BASED 8
CONFERENCING TECHNOLOGY IN ACCORD ANCE WITH PARAGRAPH (2)(I) OR (3) OF 9
THIS SUBSECTION . 10
(f) TO PROTECT PUBLIC HEA LTH AND SAFETY , THE DEPARTMENT IS NOT 11
REQUIRED TO HOLD AN IN–PERSON PUBLIC HEARING OR PUBLIC INFORMATION 12
MEETING SPECIFIED UNDER SUBS ECTIONS (C) AND (E) OF THIS SECTION IF AN 13
EMERGENCY DECLARATIO N IS ISSUED BY AN EX ECUTIVE AUTHORITY OF : 14
(1) THE FEDERAL OR STATE GOVERNMENT ; OR 15
(2) THE LOCAL GOVERNMENT WITH JURISDICTION OV ER A COUNTY 16
OR MUNICIPALITY WHER E THE IN–PERSON MEETING OR HE ARING WOULD 17
OTHERWISE BE HELD. 18
(G) The Department shall provide each county and municipal corporation that 19
receives a copy of any application under this section with an opportunity to consult with 20
the Department about the decision to issue, deny, or place restrictions on a sewage sludge 21
utilization permit. 22
9–234.1. 23
(a) This section does not apply to the storage or distribution of sewage sludge at 24
a sewage treatment plant. 25
(b) Before the Secretary issues, amends, or renews a permit to an applicant or 26
permit holder under § 9–232 or § 9–238 of this subtitle to install, materially alter, or 27
materially extend a structure used for storage or distribution of any type of sewage sludge, 28
the Department shall hold a public hearing on the application, amendment, or renewal. 29
(c) The Department shall hold a public hearing [in the affected subdivision] in 30
accordance with [the Administrative Procedure Act] TITLE 1, SUBTITLE 6 OF THIS 31
ARTICLE. 32
(d) (1) If more than [1] ONE county or municipal corporation will be affected 33 12 SENATE BILL 171
by the granting of the sludge storage permit application, the Department may hold a 1
consolidated hearing [in any affected subdivision] IN ONE COUNTY OR MUNICI PAL 2
CORPORATION . 3
(2) IF THE DEPARTMENT HOLDS A CO NSOLIDATED HEARING U NDER 4
PARAGRAPH (1) OF THIS SUBSEC TION, THE CONSOLIDATED HEA RING SHALL BE 5
HELD IN ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 6
9–324. 7
(a) Subject to the provisions of this section, the Department may issue a discharge 8
permit if the Department finds that the discharge meets: 9
(1) All applicable State and federal water quality standards and effluent 10
limitations; and 11
(2) All other requirements of this subtitle. 12
(b) Before issuing a discharge permit, the Department AND THE APPLICANT 13
shall comply with the provisions of Title 1, Subtitle 6 of this article. 14
(c) The [information] INFORMATIONAL meeting required by Title 1, Subtitle 6 15
of this article shall be held in [the geographical area that will be most directly affected if 16
the discharge permit is issued] ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS 17
ARTICLE. 18
(d) The Department shall give public notice of each application for a discharge 19
permit as required by Title 1, Subtitle 6 of this article, and by making available to the public 20
appropriate documents, permit applications, supporting material, plans, and other relevant 21
information. 22
16–307. 23
(a) (1) Any person proposing to conduct on any wetland an activity not 24
authorized by the regulations adopted under the provisions of § 16–302 of this subtitle shall 25
apply for a permit with the Secretary, on the form the Secretary prescribes. 26
(5) (i) No later than 30 days after receipt of the application, the 27
Secretary shall issue public notice of the opportunity to submit written comments or to 28
request a hearing. 29
(II) A hearing shall be held if requested. 30
(III) A HEARING REQUIRED UND ER THIS SECTION MAY BE HELD 31
USING TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY . 32
SENATE BILL 171 13
(IV) THE APPLICANT SHALL BEAR THE COST OF A HEARIN G 1
HELD USING TELECONFE RENCE OR INTERNET–BASED CONFERENCING 2
TECHNOLOGY IN ACCORD ANCE WITH SUBPARAGRA PH (III) OF THIS PARAGRAPH . 3
[(ii)] (V) If an electric company, as defined in § 1–101 of the Public 4
Utilities Article, applies to the Public Service Commission for a certificate of public 5
convenience associated with power plant construction which involves private wetlands, the 6
hearing and permit procedure shall be in accordance with § 3–306 of the Natural Resources 7
Article. 8
[(iii)] (VI) At a requested hearing any person may appear and give 9
testimony. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12