EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0064*
SENATE BILL 64
M1 2lr0372
(PRE–FILED)
By: Senator Carozza
Requested: August 9, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Beach Erosion Control District – State– and City–Owned Structures 2
FOR the purpose of exempting the repair, renovation, reconstruction, or expansion of 3
certain existing structures in the Beach Erosion Control District from a certain 4
prohibition under certain circumstances and subject to certain requirements; and 5
generally relating to the Beach Erosion Control District. 6
BY repealing and reenacting, with amendments, 7
Article – Natural Resources 8
Section 8–1102 9
Annotated Code of Maryland 10
(2012 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Natural Resources 14
8–1102. 15
(a) (1) Except as otherwise provided in paragraphs (2) [and (3)] THROUGH (4) 16
of this subsection, for the purposes of maintaining the Atlantic Coast beaches of the State 17
and the Beach Erosion Control District, the integrity and continuity of the dunal system 18
and assuring adequate maintenance of the beaches, Beach Erosion Control District, and 19
dunal system, to provide for shore erosion and sediment control and storm protection, and 20
to minimize structural interference with the littoral drift of sand and any anchoring 21
vegetation, any land clearing, construction activity, or the construction or placement of 22
permanent structures within the Beach Erosion Control District is prohibited. 23
2 SENATE BILL 64
(2) This prohibition does not apply to any project or activity approved by 1
the Department and the appropriate soil conservation district specifically for storm control; 2
beach erosion and sediment control; maintenance projects designed to benefit the Beach 3
Erosion Control District; the widening of the boardwalk in Ocean City up to an additional 4
40 feet to the east between South Second Street and the south side of Worcester Street and 5
from the south side of Somerset Street to the southerly terminus of the steel and concrete 6
bulkhead at 4th Street, and an additional 80 feet to the east between the south side of 7
Worcester Street and the south side of Somerset Street to include associated appurtenances 8
and construction of one restroom facility in an easterly direction between South Second 9
Street and the southerly terminus of the steel and concrete bulkhead at 4th Street for the 10
purpose of public health, safety, and welfare; and a planned public utility pipeline carrying 11
treated sewage effluent from a unit not exceeding 14 million gallons per day, if, in addition 12
to the approvals required by all other applicable federal and local laws and regulations, it 13
is approved by the Board of Public Works as essential to the public health, safety, and 14
welfare of the citizens of Worcester County, after having received the permission of the 15
Secretaries of the Environment and Natural Resources, and the Secretary of Planning, 16
including a guarantee that in any contract under this provision a person will not make any 17
significant permanent environmental disruption to the area, and the construction area for 18
the purpose of laying a single pipe with a diameter not exceeding 36 inches is limited to a 19
single 100 foot wide area perpendicular eastward from the west crest of the natural dune 20
line on Assateague Island and in Ocean City, and if the Secretaries of the Environment and 21
Natural Resources and the Secretary of Planning find that there is no economically and 22
environmentally feasible alternative, and that there is insufficient capacity at the existing 23
Ocean City wastewater treatment facility and discharge pipe. 24
(3) (i) Subject to subparagraph (iii) of this paragraph, this prohibition 25
does not apply to the construction and installation of a qualified submerged renewable 26
energy line, as defined in § 7–208 of the Public Utilities Article, if the project does not result 27
in any significant permanent environmental damage to the Beach Erosion Control District, 28
as determined by the Department. 29
(ii) An application for a certificate of public convenience and 30
necessity to construct a qualified submerged renewable energy line, as defined in § 7–208 31
of the Public Utilities Article, is subject to review by the Department and the Department 32
of the Environment, as provided in § 3–306 of this article. 33
(iii) The Public Service Commission may not approve an application 34
for a qualified submerged renewable energy line to be constructed or installed within the 35
Assateague National Seashore Park or the Assateague State Park. 36
(4) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 37
THIS PROHIBITION D OES NOT APPLY TO THE REPAIR, RENOVATION , 38
RECONSTRUCTION , OR EXPANSION OF AN E XISTING STRUCTURE OW NED BY THE 39
STATE OR THE MAYOR AND CITY COUNCIL OF OCEAN CITY IF THE PROJECT DOES 40
NOT RESULT IN ANY SI GNIFICANT PERMANENT ENVIRONMENTAL DAMAGE TO THE 41
BEACH EROSION CONTROL DISTRICT, AS DETERMINED BY THE DEPARTMENT . 42 SENATE BILL 64 3
(II) A RECONSTRUCTION OR EXPANSION PROJECT CARRIED 1
OUT UNDER THIS PARAGRAPH SHALL COMPLY WITH SITING A ND DESIGN CRITERIA 2
ESTABLISHED UNDER § 3–1009 OF THIS ARTICLE. 3
(b) The Secretary of the Environment, the Secretary of Natural Resources, and 4
the Secretary of Planning, with the approval of the Board of Public Works, shall jointly 5
adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article 6
for the purpose of implementing the provisions of this section. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2022. 9