| Old | New | Differences | |
|---|---|---|---|
| 1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 411 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 411 | |
| 5 | - | (Senate Bill 876) | |
| 6 | 2 | ||
| 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 | + | *sb0876* | |
| 8 | 10 | ||
| 9 | - | Water Pollution – Civil and Administrative Penalty Surcharge – Oyster | |
| 10 | - | Repletion Fund Supplemental Environmental Projects | |
| 11 | + | SENATE BILL 876 | |
| 12 | + | M3, M2 (2lr2943) | |
| 13 | + | ENROLLED BILL | |
| 14 | + | — Education, Health, and Environmental Affairs/Environment and Transportation — | |
| 15 | + | Introduced by Senator Bailey Senators Bailey and Carozza | |
| 11 | 16 | ||
| 12 | - | FOR the purpose of establishing a surcharge on civil and administrative penalties imposed | |
| 13 | - | for certain violations that result in the discharge of pollutants into the Chesapeake | |
| 14 | - | Bay or its tributaries; establishing the Oyster Repletion Fund as a special, | |
| 15 | - | nonlapsing fund in the Department of Natural Resources; requiring the surcharges | |
| 16 | - | to be deposited to the Fund and used to finance the repletion of natural oyster bars | |
| 17 | - | in waters impacted by water pollution violations requiring the Department of the | |
| 18 | - | Environment to include oyster repletion projects in a certain database; requiring the | |
| 19 | - | Department to prioritize a supplemental environmental project involving certain | |
| 20 | - | oyster repletion projects for a party who is in violation of a certain effluent limitation | |
| 21 | - | or unpermitted discharge; and generally relating to water pollution and oyster | |
| 22 | - | repletion. | |
| 17 | + | Read and Examined by Proofreaders: | |
| 23 | 18 | ||
| 24 | - | BY repealing and reenacting, with amendments, | |
| 25 | - | Article – Environment | |
| 26 | - | Section 9–342 | |
| 27 | - | Annotated Code of Maryland | |
| 28 | - | (2014 Replacement Volume and 2021 Supplement) | |
| 19 | + | _______________________________________________ | |
| 20 | + | Proofreader. | |
| 21 | + | _______________________________________________ | |
| 22 | + | Proofreader. | |
| 29 | 23 | ||
| 30 | - | BY adding to | |
| 31 | - | Article – Natural Resources | |
| 32 | - | Section 4–209.1 | |
| 33 | - | Annotated Code of Maryland | |
| 34 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 24 | + | Sealed with the Great Seal and presented to the Governor, for his approval this | |
| 35 | 25 | ||
| 36 | - | BY adding to | |
| 37 | - | Article – Environment | |
| 38 | - | Section 1–306(b)(3) | |
| 39 | - | Annotated Code of Maryland | |
| 40 | - | (2013 Replacement Volume and 2021 Supplement) | |
| 41 | - | (As enacted by Chapter __ (S.B. 90/H.B. 595) of the Acts of the General Assembly of | |
| 42 | - | 2022) | |
| 26 | + | _______ day of _______________ at ________________________ o’clock, ________M. | |
| 43 | 27 | ||
| 44 | - | ||
| 45 | - | ||
| 28 | + | ______________________________________________ | |
| 29 | + | President. | |
| 46 | 30 | ||
| 47 | - | ||
| 31 | + | CHAPTER ______ | |
| 48 | 32 | ||
| 49 | - | 1 | |
| 33 | + | AN ACT concerning 1 | |
| 50 | 34 | ||
| 51 | - | – 2 – | |
| 35 | + | Water Pollution – Civil and Administrative Penalty Surcharge – Oyster 2 | |
| 36 | + | Repletion Fund Supplemental Environmental Projects 3 | |
| 52 | 37 | ||
| 53 | - | (b) (3) THE DEPARTMENT SHALL INCLUDE OYSTER REPLETION | |
| 54 | - | PROJECTS IN THE DATA BASE. | |
| 38 | + | FOR the purpose of establishing a surcharge on civil and administrative penalties imposed 4 | |
| 39 | + | for certain violations that result in the discharge of pollutants into the Chesapeake 5 | |
| 40 | + | Bay or its tributaries; establishing the Oyster Repletion Fund as a special, 6 | |
| 41 | + | nonlapsing fund in the Department of Natural Resources; requiring the surcharges 7 | |
| 42 | + | to be deposited to the Fund and used to finance the repletion of natural oyster bars 8 | |
| 43 | + | in waters impacted by water pollution violations requiring the Department of the 9 | |
| 44 | + | Environment to include oyster repletion projects in a certain database; requiring the 10 | |
| 45 | + | Department to prioritize a supplemental environmental project involving certain 11 | |
| 46 | + | oyster repletion projects for a party who is in violation of a certain effluent limitation 12 | |
| 47 | + | or unpermitted discharge; and generally relating to water pollution and oyster 13 | |
| 48 | + | repletion. 14 | |
| 49 | + | 2 SENATE BILL 876 | |
| 55 | 50 | ||
| 56 | - | 9–342. | |
| 57 | 51 | ||
| 58 | - | (a) (1) In addition to being subject to an injunctive action under this subtitle, | |
| 59 | - | a person who violates any provision of this subtitle or of any rule, regulation, order, or | |
| 60 | - | permit adopted or issued under this subtitle is liable to a civil penalty not exceeding | |
| 61 | - | $10,000, to be collected in a civil action brought by the Department. | |
| 52 | + | BY repealing and reenacting, with amendments, 1 | |
| 53 | + | Article – Environment 2 | |
| 54 | + | Section 9–342 3 | |
| 55 | + | Annotated Code of Maryland 4 | |
| 56 | + | (2014 Replacement Volume and 2021 Supplement) 5 | |
| 62 | 57 | ||
| 63 | - | (2) Each day a violation occurs is a separate violation under this | |
| 64 | - | subsection. | |
| 58 | + | BY adding to 6 | |
| 59 | + | Article – Natural Resources 7 | |
| 60 | + | Section 4–209.1 8 | |
| 61 | + | Annotated Code of Maryland 9 | |
| 62 | + | (2018 Replacement Volume and 2021 Supplement) 10 | |
| 65 | 63 | ||
| 66 | - | (b) (1) In addition to any other remedies available at law or in equity and after | |
| 67 | - | an opportunity for a hearing which may be waived in writing by the person accused of a | |
| 68 | - | violation, the Department may impose a penalty for violation of any provision of this | |
| 69 | - | subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle. | |
| 64 | + | BY adding to 11 | |
| 65 | + | Article – Environment 12 | |
| 66 | + | Section 1–306(b)(3) 13 | |
| 67 | + | Annotated Code of Maryland 14 | |
| 68 | + | (2013 Replacement Volume and 2021 Supplement) 15 | |
| 69 | + | (As enacted by Chapter __ (S.B. 90/H.B. 595) of the Acts of the General Assembly of 16 | |
| 70 | + | 2022) 17 | |
| 70 | 71 | ||
| 71 | - | (2) The penalty imposed on a person under this subsection shall be: | |
| 72 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 | |
| 73 | + | That the Laws of Maryland read as follows: 19 | |
| 72 | 74 | ||
| 73 | - | (i) Up to $10,000 for each violation, but not exceeding $100,000 | |
| 74 | - | total; and | |
| 75 | + | Article – Environment 20 | |
| 75 | 76 | ||
| 76 | - | ||
| 77 | + | 1–306. 21 | |
| 77 | 78 | ||
| 78 | - | 1. The willfulness of the violation, the extent to which the | |
| 79 | - | existence of the violation was known to but uncorrected by the violator, and the extent to | |
| 80 | - | which the violator exercised reasonable care; | |
| 79 | + | (b) (3) THE DEPARTMENT SHALL INCL UDE OYSTER REPLETION 22 | |
| 80 | + | PROJECTS IN THE DATA BASE. 23 | |
| 81 | 81 | ||
| 82 | - | 2. Any actual harm to the environment or to human health, | |
| 83 | - | including injury to or impairment of the use of the waters of this State or the natural | |
| 84 | - | resources of this State; | |
| 82 | + | 9–342. 24 | |
| 85 | 83 | ||
| 86 | - | 3. The cost of cleanup and the cost of restoration of natural | |
| 87 | - | resources; | |
| 84 | + | (a) (1) In addition to being subject to an injunctive action under this subtitle, 25 | |
| 85 | + | a person who violates any provision of this subtitle or of any rule, regulation, order, or 26 | |
| 86 | + | permit adopted or issued under this subtitle is liable to a civil penalty not exceeding 27 | |
| 87 | + | $10,000, to be collected in a civil action brought by the Department. 28 | |
| 88 | 88 | ||
| 89 | - | | |
| 90 | - | ||
| 89 | + | (2) Each day a violation occurs is a separate violation under this 29 | |
| 90 | + | subsection. 30 | |
| 91 | 91 | ||
| 92 | - | 5. The extent to which the location of the violation, including | |
| 93 | - | location near waters of this State or areas of human population, creates the potential for | |
| 94 | - | harm to the environment or to human health or safety; | |
| 92 | + | (b) (1) In addition to any other remedies available at law or in equity and after 31 | |
| 93 | + | an opportunity for a hearing which may be waived in writing by the person accused of a 32 | |
| 94 | + | violation, the Department may impose a penalty for violation of any provision of this 33 | |
| 95 | + | subtitle or any rule, regulation, order, or permit adopted or issued under this subtitle. 34 | |
| 95 | 96 | ||
| 96 | - | 6. The available technology and economic reasonableness of | |
| 97 | - | controlling, reducing, or eliminating the violation; LAWRENCE J. HOGAN, JR., Governor Ch. 411 | |
| 97 | + | (2) The penalty imposed on a person under this subsection shall be: 35 SENATE BILL 876 3 | |
| 98 | 98 | ||
| 99 | - | – 3 – | |
| 100 | 99 | ||
| 101 | - | 7. The degree of hazard posed by the particular pollutant or | |
| 102 | - | pollutants involved; and | |
| 103 | 100 | ||
| 104 | - | | |
| 105 | - | ||
| 101 | + | (i) Up to $10,000 for each violation, but not exceeding $100,000 1 | |
| 102 | + | total; and 2 | |
| 106 | 103 | ||
| 107 | - | (3) Each day a violation occurs is a separate violation under this | |
| 108 | - | subsection. | |
| 104 | + | (ii) Assessed with consideration given to: 3 | |
| 109 | 105 | ||
| 110 | - | (4) Any penalty imposed under this subsection is payable to this State and | |
| 111 | - | collectible in any manner provided at law for the collection of debts. | |
| 106 | + | 1. The willfulness of the violation, the extent to which the 4 | |
| 107 | + | existence of the violation was known to but uncorrected by the violator, and the extent to 5 | |
| 108 | + | which the violator exercised reasonable care; 6 | |
| 112 | 109 | ||
| 113 | - | | |
| 114 | - | ||
| 115 | - | ||
| 110 | + | 2. Any actual harm to the environment or to human health, 7 | |
| 111 | + | including injury to or impairment of the use of the waters of this State or the natural 8 | |
| 112 | + | resources of this State; 9 | |
| 116 | 113 | ||
| 117 | - | | |
| 118 | - | ||
| 114 | + | 3. The cost of cleanup and the cost of restoration of natural 10 | |
| 115 | + | resources; 11 | |
| 119 | 116 | ||
| 120 | - | | |
| 121 | - | ||
| 117 | + | 4. The nature and degree of injury to or interference with 12 | |
| 118 | + | general welfare, health, and property; 13 | |
| 122 | 119 | ||
| 123 | - | (6) Any penalty collected under this subsection shall be placed in a special | |
| 124 | - | fund to be used for monitoring and surveillance by the Department to assure and maintain | |
| 125 | - | an adequate record of any violations, including discharge of waste material and other | |
| 126 | - | pollutants into the waters of this State or into the environment. | |
| 120 | + | 5. The extent to which the location of the violation, including 14 | |
| 121 | + | location near waters of this State or areas of human population, creates the potential for 15 | |
| 122 | + | harm to the environment or to human health or safety; 16 | |
| 127 | 123 | ||
| 128 | - | (C) (1) IN ADDITION TO A CIVI L OR ADMINISTRATIVE PENALTY IMPOSED | |
| 129 | - | UNDER SUBSECTION (A) OR (B) OF THIS SECTION, IF A VIOLATION OF AN Y PROVISION | |
| 130 | - | OF THIS SUBTITLE OR ANY RULE, REGULATION , ORDER, OR PERMIT ADOPTED OR | |
| 131 | - | ISSUED UNDER THIS SU BTITLE, RESULTS IN THE DISCH ARGE OF POLLUTANTS T O | |
| 132 | - | THE CHESAPEAKE BAY OR ITS TRIBUTARIE S, THE DEPARTMENT SHALL IMPO SE A | |
| 133 | - | SURCHARGE ON THE PER SON RESPONSIBLE FOR THE VIOLATION. | |
| 124 | + | 6. The available technology and economic reasonableness of 17 | |
| 125 | + | controlling, reducing, or eliminating the violation; 18 | |
| 134 | 126 | ||
| 135 | - | (2) THE SURCHARGE SHALL B E EQUAL TO 25% OF THE TOTAL CIVIL | |
| 136 | - | OR ADMINISTRATIVE PENALTY IMPOSED UNDE R SUBSECTION (A) OR (B) OF THIS | |
| 137 | - | SECTION. | |
| 127 | + | 7. The degree of hazard posed by the particular pollutant or 19 | |
| 128 | + | pollutants involved; and 20 | |
| 138 | 129 | ||
| 139 | - | (3) ANY SURCHARGE COLLECT ED UNDER THIS SUBSEC TION SHALL | |
| 140 | - | BE DEPOSITED INTO TH E OYSTER REPLETION FUND ESTABLISHED UNDE R § 4–209.1 | |
| 141 | - | OF THE NATURAL RESOURCES ARTICLE. | |
| 130 | + | 8. The extent to which the current violation is part of a 21 | |
| 131 | + | recurrent pattern of the same or similar type of violation committed by the violator. 22 | |
| 142 | 132 | ||
| 143 | - | ||
| 144 | - | ||
| 133 | + | (3) Each day a violation occurs is a separate violation under this 23 | |
| 134 | + | subsection. 24 | |
| 145 | 135 | ||
| 146 | - | ||
| 147 | - | ||
| 136 | + | (4) Any penalty imposed under this subsection is payable to this State and 25 | |
| 137 | + | collectible in any manner provided at law for the collection of debts. 26 | |
| 148 | 138 | ||
| 149 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS | |
| 150 | - | INDICATED. | |
| 139 | + | (5) If any person who is liable to pay a penalty imposed under this 27 | |
| 140 | + | subsection fails to pay it after demand, the amount, together with interest and any costs 28 | |
| 141 | + | that may accrue, shall be: 29 | |
| 151 | 142 | ||
| 152 | - | (2) “COUNTY OYSTER COMMITT EE” MEANS A COMMITTEE | |
| 153 | - | ESTABLISHED UNDER § 4–1106(B) OF THIS TITLE. | |
| 143 | + | (i) A lien in favor of this State on any property, real or personal, of 30 | |
| 144 | + | the person; and 31 | |
| 145 | + | 4 SENATE BILL 876 | |
| 154 | 146 | ||
| 155 | - | (3) “FUND” MEANS THE OYSTER REPLETION FUND. | |
| 156 | 147 | ||
| 157 | - | (B) THERE IS AN OYSTER REPLETION FUND IN THE DEPARTMENT . | |
| 148 | + | (ii) Recorded in the office of the clerk of court for the county in which 1 | |
| 149 | + | the property is located. 2 | |
| 158 | 150 | ||
| 159 | - | (C) THE PURPOSE OF THE FUND IS TO FINANCE THE REPLE TION OF | |
| 160 | - | NATURAL OYSTER BARS IN WATERS IMPACTED B Y WATER POLLUTION VI OLATIONS. | |
| 151 | + | (6) Any penalty collected under this subsection shall be placed in a special 3 | |
| 152 | + | fund to be used for monitoring and surveillance by the Department to assure and maintain 4 | |
| 153 | + | an adequate record of any violations, including discharge of waste material and other 5 | |
| 154 | + | pollutants into the waters of this State or into the environment. 6 | |
| 161 | 155 | ||
| 162 | - | (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. | |
| 156 | + | (C) (1) IN ADDITION TO A CIVI L OR ADMINISTRA TIVE PENALTY IMPOSED 7 | |
| 157 | + | UNDER SUBSECTION (A) OR (B) OF THIS SECTION, IF A VIOLATION OF AN Y PROVISION 8 | |
| 158 | + | OF THIS SUBTITLE OR ANY RULE, REGULATION , ORDER, OR PERMIT ADOPTED OR 9 | |
| 159 | + | ISSUED UNDER THIS SU BTITLE, RESULTS IN THE DISCH ARGE OF POLLUTANTS T O 10 | |
| 160 | + | THE CHESAPEAKE BAY OR ITS TRIBUTARIES , THE DEPARTMENT SHALL IMPO SE A 11 | |
| 161 | + | SURCHARGE ON THE PER SON RESPONSIBLE FOR THE VIOLATION. 12 | |
| 163 | 162 | ||
| 164 | - | (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT | |
| 165 | - | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. | |
| 163 | + | (2) THE SURCHARGE SHALL B E EQUAL TO 25% OF THE TOTAL CIVIL 13 | |
| 164 | + | OR ADMINISTRATIVE PENALTY IMPOSED UNDE R SUBSECTION (A) OR (B) OF THIS 14 | |
| 165 | + | SECTION. 15 | |
| 166 | 166 | ||
| 167 | - | (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY | |
| 168 | - | AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. | |
| 167 | + | (3) ANY SURCHARGE COLLECT ED UNDER THIS SUBSEC TION SHALL 16 | |
| 168 | + | BE DEPOSITED INTO TH E OYSTER REPLETION FUND ESTABLISHED UNDE R § 4–209.1 17 | |
| 169 | + | OF THE NATURAL RESOURCES ARTICLE. 18 | |
| 169 | 170 | ||
| 170 | - | ||
| 171 | + | Article – Natural Resources 19 | |
| 171 | 172 | ||
| 172 | - | (1) SURCHARGES ON CIVIL AND ADMINISTRATIVE PENALTIES | |
| 173 | - | COLLECTED UNDER § 9–342(C) OF THE ENVIRONMENT ARTICLE; | |
| 173 | + | 4–209.1. 20 | |
| 174 | 174 | ||
| 175 | - | ( | |
| 176 | - | ||
| 175 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21 | |
| 176 | + | INDICATED. 22 | |
| 177 | 177 | ||
| 178 | - | ( | |
| 179 | - | ||
| 178 | + | (2) “COUNTY OYSTER COMMITT EE” MEANS A COMMITTEE 23 | |
| 179 | + | ESTABLISHED UNDER § 4–1106(B) OF THIS TITLE. 24 | |
| 180 | 180 | ||
| 181 | - | (G) (1) THE FUND MAY BE USED ONLY FOR OYSTER REPLETI ON | |
| 182 | - | PROJECTS CONDUCTED I N ACCORDANCE WITH TH IS SUBSECTION. | |
| 181 | + | (3) “FUND” MEANS THE OYSTER REPLETION FUND. 25 | |
| 183 | 182 | ||
| 184 | - | (2) TO THE EXTENT PRACTIC ABLE, A SURCHARGE COLLECTE D | |
| 185 | - | UNDER § 9–342(C) OF THE ENVIRONMENT ARTICLE SHALL BE USED TO FUND | |
| 186 | - | OYSTER REPLETION PRO JECTS IN THE COUNTY WHERE THE UNDERLYING WATER | |
| 187 | - | POLLUTION VIOLATION OCCURRED. | |
| 188 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 411 | |
| 183 | + | (B) THERE IS AN OYSTER REPLETION FUND IN THE DEPARTMENT . 26 | |
| 189 | 184 | ||
| 190 | - | – 5 – | |
| 191 | - | (3) THE DEPARTMENT SHALL WORK WITH THE COUNTY OYST ER | |
| 192 | - | COMMITTEE FOR THE CO UNTY WHERE THE UNDER LYING WATER POLLUTIO N | |
| 193 | - | VIOLATION OCCURRED T O IDENTIFY: | |
| 185 | + | (C) THE PURPOSE OF THE FUND IS TO FINANCE THE REPLET ION OF 27 | |
| 186 | + | NATURAL OYSTER BARS IN WATERS IMPACTED B Y WATER POLLUTION VI OLATIONS. 28 | |
| 194 | 187 | ||
| 195 | - | (I) NATURAL OYSTER BARS W ITHIN THE COUNTY FOR | |
| 196 | - | REPLETION; OR | |
| 188 | + | (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 29 | |
| 197 | 189 | ||
| 198 | - | ( | |
| 199 | - | ||
| 200 | - | ||
| 190 | + | (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 30 | |
| 191 | + | SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 31 | |
| 192 | + | SENATE BILL 876 5 | |
| 201 | 193 | ||
| 202 | - | (4) REPLETION PROJECTS CO NDUCTED UNDER THIS S UBSECTION | |
| 203 | - | SHALL BE IN THE FORM OF SPAT–ON–SHELL. | |
| 204 | 194 | ||
| 205 | - | (5) (I) THE DEPARTMENT MAY CONTRACT WITH A NONPROFIT | |
| 206 | - | ORGANIZATION THAT SP ECIALIZES IN OYSTER RECOVERY TO CARRY OU T OYSTER | |
| 207 | - | REPLETION PROJECTS U NDER THIS SUBSECTION . | |
| 195 | + | (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY 1 | |
| 196 | + | AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2 | |
| 208 | 197 | ||
| 209 | - | (II) THE FUND MAY BE USED TO C OVER REASONABLE | |
| 210 | - | ADMINISTRATIVE EXPEN SES INCURRED BY A NO NPROFIT ORGANIZATION IN | |
| 211 | - | CARRYING OUT OYSTER REPLETION PROJECTS U NDER THIS SUBSECTION . | |
| 198 | + | (F) THE FUND CONSISTS OF : 3 | |
| 212 | 199 | ||
| 213 | - | ||
| 214 | - | ||
| 200 | + | (1) SURCHARGES ON CIVIL AND ADMINISTRATIVE PENALTIES 4 | |
| 201 | + | COLLECTED UNDER § 9–342(C) OF THE ENVIRONMENT ARTICLE; 5 | |
| 215 | 202 | ||
| 216 | - | (2) | |
| 217 | - | ||
| 203 | + | (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 6 | |
| 204 | + | AND 7 | |
| 218 | 205 | ||
| 219 | - | ( | |
| 220 | - | ||
| 206 | + | (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 8 | |
| 207 | + | THE BENEFIT OF THE FUND. 9 | |
| 221 | 208 | ||
| 222 | - | (J) MONEY EXPENDED FROM T HE FUND FOR OYSTER REPLE TION | |
| 223 | - | PROJECTS IS SUPPLEME NTAL TO AND IS NOT I NTENDED TO TAKE THE PLACE OF | |
| 224 | - | FUNDING THAT OTHERWISE WOULD BE A PPROPRIATED FOR OYST ER REPLETION | |
| 225 | - | PROJECTS. | |
| 209 | + | (G) (1) THE FUND MAY BE USED ONLY FOR OYSTER REPLETION 10 | |
| 210 | + | PROJECTS CONDUCTED I N ACCORDANCE WITH TH IS SUBSECTION. 11 | |
| 226 | 211 | ||
| 227 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: | |
| 212 | + | (2) TO THE EXTENT PRACTIC ABLE, A SURCHARGE COLLECTE D 12 | |
| 213 | + | UNDER § 9–342(C) OF THE ENVIRONMENT ARTICLE SHALL BE USED TO FUND 13 | |
| 214 | + | OYSTER REPLETION PRO JECTS IN THE COUNTY WHERE THE UNDERLYING WATER 14 | |
| 215 | + | POLLUTION VIOLATION O CCURRED. 15 | |
| 228 | 216 | ||
| 229 | - | (a) Subject to subsection (b) of this section, the Department of the Environment | |
| 230 | - | shall prioritize a supplemental environmental project involving oyster repletion in natural | |
| 231 | - | oyster bars in the county where the underlying water pollution violation occurred with input | |
| 232 | - | from the county oyster committee for a party who is in violation of an effluent limitation or | |
| 233 | - | unpermitted discharge in the proximity of an oyster population. | |
| 234 | - | Ch. 411 2022 LAWS OF MARYLAND | |
| 217 | + | (3) THE DEPARTMENT SHALL WORK WITH THE COUNTY OYST ER 16 | |
| 218 | + | COMMITTEE FOR THE CO UNTY WHERE THE UNDER LYING WATER POLLUTIO N 17 | |
| 219 | + | VIOLATION OCCURRED T O IDENTIFY: 18 | |
| 235 | 220 | ||
| 236 | - | – 6 – | |
| 237 | - | (b) If there are no suitable natural oyster bars for repletion in the county where the | |
| 238 | - | violation occurred, the natural oyster bar repletion project shall be carried out in an adjacent | |
| 239 | - | county. | |
| 221 | + | (I) NATURAL OYSTER BARS W ITHIN THE COUNTY FOR 19 | |
| 222 | + | REPLETION; OR 20 | |
| 240 | 223 | ||
| 241 | - | SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take | |
| 242 | - | effect October 1, 2022, contingent on the taking effect of Chapter ____ (S.B. 90/H.B. 595) of | |
| 243 | - | the Acts of the General Assembly of 2022, and if Chapter ____ (S.B. 90/H.B. 595) does not | |
| 244 | - | become effective, Section 1 of this Act, with no further action required by the General | |
| 245 | - | Assembly, shall be null and void. | |
| 224 | + | (II) IF NO NATURAL OYSTER BA R WITHIN THE COUNTY IS 21 | |
| 225 | + | SUITABLE FOR REPLETI ON, NATURAL OYSTER BARS WITHIN AN ADJACENT C OUNTY 22 | |
| 226 | + | FOR REPLETION . 23 | |
| 246 | 227 | ||
| 247 | - | SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in | |
| 248 | - | Section 3 of this Act, this Act shall take effect October 1, 2022. | |
| 228 | + | (4) REPLETION PROJECTS CO NDUCTED UNDER THIS S UBSECTION 24 | |
| 229 | + | SHALL BE IN THE FORM OF SPAT–ON–SHELL. 25 | |
| 230 | + | ||
| 231 | + | (5) (I) THE DEPARTMENT MAY CONTRACT WITH A NONP ROFIT 26 | |
| 232 | + | ORGANIZATION THAT SP ECIALIZES IN OYSTER RECOVERY TO CARRY OU T OYSTER 27 | |
| 233 | + | REPLETION PROJECTS U NDER THIS SUBSECTION . 28 | |
| 234 | + | ||
| 235 | + | (II) THE FUND MAY BE USED TO C OVER REASONABLE 29 | |
| 236 | + | ADMINISTRATIVE EXPEN SES INCURRED BY A NO NPROFIT ORGANIZATION IN 30 | |
| 237 | + | CARRYING OUT OYSTER REPLETION PROJECTS U NDER THIS SUBSECTION . 31 | |
| 238 | + | 6 SENATE BILL 876 | |
| 239 | + | ||
| 240 | + | ||
| 241 | + | (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 1 | |
| 242 | + | IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 2 | |
| 243 | + | ||
| 244 | + | (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 3 | |
| 245 | + | THE GENERAL FUND OF THE STATE. 4 | |
| 246 | + | ||
| 247 | + | (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 5 | |
| 248 | + | WITH THE STATE BUDGET . 6 | |
| 249 | + | ||
| 250 | + | (J) MONEY EXPENDED FROM T HE FUND FOR OYSTER REPLE TION 7 | |
| 251 | + | PROJECTS IS SUPPLEME NTAL TO AND IS NOT I NTENDED TO TAKE THE PLACE OF 8 | |
| 252 | + | FUNDING THAT OTHERWISE WOULD BE A PPROPRIATED FOR OYST ER REPLETION 9 | |
| 253 | + | PROJECTS. 10 | |
| 254 | + | ||
| 255 | + | SECTION 2. AND BE IT FURTHER ENACTED, That: 11 | |
| 256 | + | ||
| 257 | + | (a) Subject to subsection (b) of this section, the Department of the Environment 12 | |
| 258 | + | shall prioritize a supplemental environmental project involving oyster repletion in natural 13 | |
| 259 | + | oyster bars in the county where the underlying water pollution violation occurred with input 14 | |
| 260 | + | from the county oyster committee for a party who is in violation of an effluent limitation or 15 | |
| 261 | + | unpermitted discharge in the proximity of an oyster population. 16 | |
| 262 | + | ||
| 263 | + | (b) If there are no suitable natural oyster bars for repletion in the county where the 17 | |
| 264 | + | violation occurred, the natural oyster bar repletion project shall be carried out in an adjacent 18 | |
| 265 | + | county. 19 | |
| 266 | + | ||
| 267 | + | SECTION 3. AND BE IT FURTHE R ENACTED, That Section 1 of this Act shall take 20 | |
| 268 | + | effect October 1, 2022, contingent on the taking effect of Chapter ____ (S.B. 90/H.B. 595) of 21 | |
| 269 | + | the Acts of the General Assembly of 2022, and if Chapter ____ (S.B. 90/H.B. 595) does not 22 | |
| 270 | + | become effective, Section 1 of this Act, with no further action required by the General 23 | |
| 271 | + | Assembly, shall be null and void. 24 | |
| 272 | + | ||
| 273 | + | SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in 25 | |
| 274 | + | Section 3 of this Act, this Act shall take effect October 1, 2022. 26 | |
| 249 | 275 | ||
| 250 | 276 | ||
| 251 | 277 | ||
| 252 | 278 | ||
| 253 | - | ||
| 279 | + |