MD
Maryland Senate Bill SB90

Maryland 2022 Regular Session

Maryland Senate Bill SB90 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 352
21
3-– 1 –
4-Chapter 352
5-(Senate Bill 90)
62
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+ *sb0090*
89
9-Department of the Environment – Supplemental Environmental Projects
10-Database
10+SENATE BILL 90
11+M3 2lr0612
12+SB 446/21 – EHE (PRE–FILED) CF HB 595
13+By: Senator West
14+Requested: September 30, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Education, Health, and Environmental Affairs
17+Committee Report: Favorable
18+Senate action: Adopted
19+Read second time: February 13, 2022
1120
12-FOR the purpose of requiring the Department of the Environment to create and maintain
13-a database of supplemental environmental projects that the Department may
14-consider for implementation as part of a settlement of an enforcement action;
15-requiring the Department to prioritize the selection of a supplementa l
16-environmental project located in the same geographic area as the alleged violation
17-and to ensure that the scope and cost of a chosen project meet certain criteria; and
18-generally relating to a supplemental environmental projects database.
21+CHAPTER ______
1922
20-BY adding to
21- Article – Environment
22-Section 1–306
23- Annotated Code of Maryland
24- (2013 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2524
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
25+Department of the Environment – Supplemental Environmental Projects 2
26+Database 3
2827
29-Article – Environment
28+FOR the purpose of requiring the Department of the Environment to create and maintain 4
29+a database of supplemental environmental projects that the Department may 5
30+consider for implementation as part of a settlement of an enforcement action; 6
31+requiring the Department to prioritize the selection of a supplemental 7
32+environmental project located in the same geographic area as the alleged violation 8
33+and to ensure that the scope and cost of a chosen project meet certain criteria; and 9
34+generally relating to a supplemental environmental projects database. 10
3035
31-1–306.
36+BY adding to 11
37+ Article – Environment 12
38+Section 1–306 13
39+ Annotated Code of Maryland 14
40+ (2013 Replacement Volume and 2021 Supplement) 15
3241
33- (A) IN THIS SECTION, “SUPPLEMENTAL ENVIRON MENTAL PROJECT ” MEANS
34-AN ENVIRONMENTALLY B ENEFICIAL PROJECT OR ACTIVITY THAT IS NOT REQUIRED
35-BY LAW BUT THAT AN A LLEGED VIOLATOR AGRE ES TO UNDERTAKE AS P ART OF A
36-SETTLEMENT OR ENFORC EMENT ACTION .
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
43+That the Laws of Maryland read as follows: 17
3744
38- (B) (1) SUBJECT TO P ARAGRAPH (2) OF THIS SUBSECTION , THE
39-DEPARTMENT SHALL CREA TE AND MAINTAIN A DA TABASE OF SUPPLEMENT AL
40-ENVIRONMENTAL PROJEC TS THAT THE DEPARTMENT MAY CONSID ER FOR
41-IMPLEMENTATION AS PA RT OF A SETTLEMENT O F AN ENFORCEMENT ACT ION.
45+Article – Environment 18
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43- (2) IN CREATING AND MAINT AINING THE DATABASE , THE
44-DEPARTMENT SHALL SOLI CIT INPUT FROM COMMU NITIES IN THE STATE THAT ARE
45-OVERBURDENED , UNDERSERVED , OR OTHERWISE DISADVA NTAGED BY
46-ENVIRONMENTAL STRESS ORS.
47- Ch. 352 2022 LAWS OF MARYLAND
47+1–306. 19
48+ 2 SENATE BILL 90
4849
49-– 2 –
50- (C) (1) THE DEPARTMENT MAY , WITH REASONABLE JUST IFICATION,
51-CONSIDER A SUPPLEMEN TAL ENVIRONMENTAL PR OJECT THAT IS NOT IN CLUDED IN
52-THE DATABASE REQUIRE D IN SUBSECTION (B) OF THIS SECTION AS P ART OF A
53-SETTLEMENT OF AN ENF ORCEMENT ACTION .
5450
55- (2) THE DEPARTMENT MAY NOT CH OOSE A SUPPLEMENTAL
56-ENVIRONMENTAL PROJEC T OFFERED BY THE VIO LATOR UNLESS THE DEPARTMENT :
51+ (A) IN THIS SECTION, “SUPPLEMENTAL ENVIRON MENTAL PROJECT ” MEANS 1
52+AN ENVIRONMENTALLY B ENEFICIAL PROJECT OR ACTIVITY THAT IS NOT REQUIRED 2
53+BY LAW BUT THAT AN ALLEGED VIOLATOR AGR EES TO UNDERTAKE AS PART OF A 3
54+SETTLEMENT OR ENFORC EMENT ACTION . 4
5755
58- (I) APPROVES THE PROJECT; AND
56+ (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 5
57+DEPARTMENT SHALL CREA TE AND MAINTAIN A DA TABASE OF SUPPLEMENT AL 6
58+ENVIRONMENTAL PROJEC TS THAT THE DEPARTMENT MAY CO NSIDER FOR 7
59+IMPLEMENTATION AS PA RT OF A SETTLEMENT O F AN ENFORCEMENT ACT ION. 8
5960
60- (II) MAINTAINS DOCUMENTATI ON OF THE APPROVAL .
61+ (2) IN CREATING AND MAINT AINING THE DATABASE , THE 9
62+DEPARTMENT SHALL SOLI CIT INPUT FROM COMMU NITIES IN THE STATE THAT ARE 10
63+OVERBURDENED , UNDERSERVED , OR OTHERWISE DISADVA NTAGED BY 11
64+ENVIRONMENTAL STRESS ORS. 12
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62- (D) BEFORE A VIOLATOR UND ERTAKES A SUPPLEMENT AL ENVIRONMENTAL
63-PROJECT, THE DEPARTMENT SHALL :
66+ (C) (1) THE DEPARTMENT MAY , WITH REASONABLE JUST IFICATION, 13
67+CONSIDER A SUPPLEMEN TAL ENVIRONMENTAL PR OJECT THAT IS NOT IN CLUDED IN 14
68+THE DATABASE REQUIRE D IN SUBSECTION (B) OF THIS SECTION AS P ART OF A 15
69+SETTLEMENT OF AN ENF ORCEMENT AC TION. 16
6470
65- (1) GIVE PRIORITY CONSIDE RATION TO THE SELECTION OF A
66-PROJECT LOCATED IN T HE SAME GEOGRAPHIC A REA IMPACTED BY THE ALLEGED
67-VIOLATION; AND
71+ (2) THE DEPARTMENT MAY NOT CH OOSE A SUPPLEMENTAL 17
72+ENVIRONMENTAL PROJEC T OFFERED BY THE VIO LATOR UNLESS THE DEPARTMENT : 18
6873
69- (2) ENSURE THAT THE SCOPE AND C OST OF THE CHOSEN PR OJECT IS
70-REASONABLY RELATED T O THE NEXUS OF THE VIOLATION OR THE ADVERSE IMPAC T
71-OF THE VIOLATION AND THAT THE COST IS SUFFICIE NT TO ALLOW THE
72-DEPARTMENT AND THE AL LEGED VIOLATOR TO RE ACH A SETTLEMENT .
74+ (I) APPROVES THE PROJECT; AND 19
7375
74- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
75-October 1, 2022.
76+ (II) MAINTAINS DOCUMENTATI ON OF THE APPROVAL . 20
7677
77-Approved by the Governor, May 16, 2022.
78+ (D) BEFORE A VIOLATOR UND ERTAKES A SUPPLEMENTAL ENVIRON MENTAL 21
79+PROJECT, THE DEPARTMENT SHALL : 22
80+
81+ (1) GIVE PRIORITY CONSIDE RATION TO THE SELECTION OF A 23
82+PROJECT LOCATED IN T HE SAME GEOGRAPHIC A REA IMPACTED BY THE ALLEGED 24
83+VIOLATION; AND 25
84+
85+ (2) ENSURE THAT THE SCOPE AND C OST OF THE CHOSEN PR OJECT IS 26
86+REASONABLY RELATED T O THE NEXUS OF THE VIOLATION OR THE ADVERSE IMPAC T 27
87+OF THE VIOLATION AND THAT THE COST IS SUFFICIE NT TO ALLOW THE 28
88+DEPARTMENT AND THE AL LEGED VIOLATOR TO RE ACH A SETTLEMENT . 29
89+
90+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
91+October 1, 2022. 31
92+