LAWRENCE J. HOGAN, JR., Governor Ch. 352
– 1 –
Chapter 352
(Senate Bill 90)
AN ACT concerning
Department of the Environment – Supplemental Environmental Projects
Database
FOR the purpose of requiring the Department of the Environment to create and maintain
a database of supplemental environmental projects that the Department may
consider for implementation as part of a settlement of an enforcement action;
requiring the Department to prioritize the selection of a supplementa l
environmental project located in the same geographic area as the alleged violation
and to ensure that the scope and cost of a chosen project meet certain criteria; and
generally relating to a supplemental environmental projects database.
BY adding to
Article – Environment
Section 1–306
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
1–306.
(A) IN THIS SECTION, “SUPPLEMENTAL ENVIRON MENTAL PROJECT ” MEANS
AN ENVIRONMENTALLY B ENEFICIAL PROJECT OR ACTIVITY THAT IS NOT REQUIRED
BY LAW BUT THAT AN A LLEGED VIOLATOR AGRE ES TO UNDERTAKE AS P ART OF A
SETTLEMENT OR ENFORC EMENT ACTION .
(B) (1) SUBJECT TO P ARAGRAPH (2) OF THIS SUBSECTION , THE
DEPARTMENT SHALL CREA TE AND MAINTAIN A DA TABASE OF SUPPLEMENT AL
ENVIRONMENTAL PROJEC TS THAT THE DEPARTMENT MAY CONSID ER FOR
IMPLEMENTATION AS PA RT OF A SETTLEMENT O F AN ENFORCEMENT ACT ION.
(2) IN CREATING AND MAINT AINING THE DATABASE , THE
DEPARTMENT SHALL SOLI CIT INPUT FROM COMMU NITIES IN THE STATE THAT ARE
OVERBURDENED , UNDERSERVED , OR OTHERWISE DISADVA NTAGED BY
ENVIRONMENTAL STRESS ORS.
Ch. 352 2022 LAWS OF MARYLAND
– 2 –
(C) (1) THE DEPARTMENT MAY , WITH REASONABLE JUST IFICATION,
CONSIDER A SUPPLEMEN TAL ENVIRONMENTAL PR OJECT THAT IS NOT IN CLUDED IN
THE DATABASE REQUIRE D IN SUBSECTION (B) OF THIS SECTION AS P ART OF A
SETTLEMENT OF AN ENF ORCEMENT ACTION .
(2) THE DEPARTMENT MAY NOT CH OOSE A SUPPLEMENTAL
ENVIRONMENTAL PROJEC T OFFERED BY THE VIO LATOR UNLESS THE DEPARTMENT :
(I) APPROVES THE PROJECT; AND
(II) MAINTAINS DOCUMENTATI ON OF THE APPROVAL .
(D) BEFORE A VIOLATOR UND ERTAKES A SUPPLEMENT AL ENVIRONMENTAL
PROJECT, THE DEPARTMENT SHALL :
(1) GIVE PRIORITY CONSIDE RATION TO THE SELECTION OF A
PROJECT LOCATED IN T HE SAME GEOGRAPHIC A REA IMPACTED BY THE ALLEGED
VIOLATION; AND
(2) ENSURE THAT THE SCOPE AND C OST OF THE CHOSEN PR OJECT IS
REASONABLY RELATED T O THE NEXUS OF THE VIOLATION OR THE ADVERSE IMPAC T
OF THE VIOLATION AND THAT THE COST IS SUFFICIE NT TO ALLOW THE
DEPARTMENT AND THE AL LEGED VIOLATOR TO RE ACH A SETTLEMENT .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, May 16, 2022.