EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0090*
SENATE BILL 90
M3 2lr0612
SB 446/21 – EHE (PRE–FILED)
By: Senator West
Requested: September 30, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Department of the Environment – Supplemental Environmental Projects 2
Database 3
FOR the purpose of requiring the Department of the Environment to create and maintain 4
a database of supplemental environmental projects that the Department may 5
consider for implementation as part of a settlement of an enforcement action; 6
requiring the Department to prioritize the selection of a supplemental 7
environmental project located in the same geographic area as the alleged violation 8
and to ensure that the scope and cost of a chosen project meet certain criteria; and 9
generally relating to a supplemental environmental projects database. 10
BY adding to 11
Article – Environment 12
Section 1–306 13
Annotated Code of Maryland 14
(2013 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Environment 18
1–306. 19
(A) IN THIS SECTION, “SUPPLEMENTAL ENVIRONMENTA L PROJECT” MEANS 20
AN ENVIRONMENTALLY B ENEFICIAL PROJECT OR ACTIVITY THAT IS NOT REQUIRED 21
BY LAW BUT THAT AN A LLEGED VIOLATOR AGRE ES TO UNDERTAKE AS P ART OF A 22
SETTLEMENT OR ENFORC EMENT ACTION . 23
2 SENATE BILL 90
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SU BSECTION, THE 1
DEPARTMENT SHALL CREA TE AND MAINTAIN A DA TABASE OF SUPPLEMENT AL 2
ENVIRONMENTAL PROJEC TS THAT THE DEPARTMENT MAY CONSID ER FOR 3
IMPLEMENTATION AS PA RT OF A SETTLEMENT O F AN ENFORCEMENT ACT ION. 4
(2) IN CREATING AND MAINT AINING THE DATABASE , THE 5
DEPARTMENT SHALL SOLI CIT INPUT FROM COMMU NITIES IN THE STATE THAT ARE 6
OVERBURDENED , UNDERSERVED , OR OTHERWISE DISADVA NTAGED BY 7
ENVIRONMENTAL STRESS ORS. 8
(C) (1) THE DEPARTMENT MAY , WITH REASONABLE JUST IFICATION, 9
CONSIDER A SUPPLEMEN TAL ENVIRONMENTAL PR OJECT THAT IS NOT IN CLUDED IN 10
THE DATABASE REQUIRE D IN SUBSECTION (B) OF THIS SECTION AS P ART OF A 11
SETTLEMENT OF AN ENF ORCEMENT ACTION . 12
(2) THE DEPARTMENT MAY NOT CH OOSE A SUPPLEMENTAL 13
ENVIRONMENTAL PROJEC T OFFERED BY THE VIOLATOR UNLESS THE DEPARTMENT : 14
(I) APPROVES THE PROJECT; AND 15
(II) MAINTAINS DOCUMENTATI ON OF THE APPROVAL . 16
(D) BEFORE A VIOLATOR UND ERTAKES A SUPPLEMENT AL ENVIRONMENTAL 17
PROJECT, THE DEPARTMENT SHALL : 18
(1) GIVE PRIORITY CONSIDE RATION TO THE SELECTION OF A 19
PROJECT LOCATED IN T HE SAME GEOGRAPHIC A REA IMPACTED BY THE ALLEGED 20
VIOLATION; AND 21
(2) ENSURE THAT THE SCOPE AND C OST OF THE CHOSEN PR OJECT IS 22
REASONABLY RELATED T O THE NEXUS OF THE VIOLATION OR THE ADVE RSE IMPACT 23
OF THE VIOLATION AND THAT THE COST IS SUFFICIE NT TO ALLOW THE 24
DEPARTMENT AND THE AL LEGED VIOLATOR TO RE ACH A SETTLEMENT . 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2022. 27