| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb0945* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 945 | |
| 11 | 8 | M3 2lr3189 | |
| 12 | 9 | CF HB 869 | |
| 13 | - | By: Senator Gallion Senators Gallion, Ellis, Hester, Lam, Patterson, Reilly, | |
| 14 | - | Simonaire, and Washington | |
| 10 | + | By: Senator Gallion | |
| 15 | 11 | Introduced and read first time: February 13, 2022 | |
| 16 | 12 | Assigned to: Rules | |
| 17 | - | Re–referred to: Education, Health, and Environmental Affairs, February 25, 2022 | |
| 18 | - | Committee Report: Favorable with amendments | |
| 19 | - | Senate action: Adopted | |
| 20 | - | Read second time: March 26, 2022 | |
| 21 | 13 | ||
| 22 | - | ||
| 14 | + | A BILL ENTITLED | |
| 23 | 15 | ||
| 24 | 16 | AN ACT concerning 1 | |
| 25 | 17 | ||
| 26 | - | Wetlands and Waterways Program | |
| 27 | - | ||
| 18 | + | Wetlands and Waterways Program – Authorizations for Ecological Restoration 2 | |
| 19 | + | Projects 3 | |
| 28 | 20 | ||
| 29 | - | FOR the purpose of requiring the Department of the Environment Environment’s Wetlands 4 | |
| 30 | - | and Waterways Program Division to establish a certain process for reviewing and 5 | |
| 31 | - | evaluating applications for wetlands and waterways authorizations study permitting 6 | |
| 32 | - | for ecological restoration projects on or before a certain date; and generally relating 7 | |
| 33 | - | to wetlands and waterways authorizations a study on permitting for ecological 8 | |
| 34 | - | restoration projects. 9 | |
| 21 | + | FOR the purpose of requiring the Department of the Environment to establish a certain 4 | |
| 22 | + | process for reviewing and evaluating applications for wetlands and waterways 5 | |
| 23 | + | authorizations for ecological restoration projects on or before a certain date; and 6 | |
| 24 | + | generally relating to wetlands and waterways authorizations for ecological 7 | |
| 25 | + | restoration projects. 8 | |
| 35 | 26 | ||
| 36 | - | BY adding to | |
| 37 | - | Article – Environment | |
| 38 | - | Section 5–203.2 | |
| 39 | - | Annotated Code of Maryland | |
| 40 | - | (2013 Replacement Volume and 2021 Supplement) | |
| 27 | + | BY adding to 9 | |
| 28 | + | Article – Environment 10 | |
| 29 | + | Section 5–203.2 11 | |
| 30 | + | Annotated Code of Maryland 12 | |
| 31 | + | (2013 Replacement Volume and 2021 Supplement) 13 | |
| 41 | 32 | ||
| 42 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 43 | - | That the Laws of Maryland read as follows: | |
| 33 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 | |
| 34 | + | That the Laws of Maryland read as follows: 15 | |
| 44 | 35 | ||
| 45 | - | (a) The Department of the Environment’s Wetlands and Waterways Program 17 | |
| 46 | - | Division shall conduct a comprehensive study, analysis, and evaluation of: 18 | |
| 47 | - | 2 SENATE BILL 945 | |
| 36 | + | Article – Environment 16 | |
| 37 | + | ||
| 38 | + | 5–203.2. 17 | |
| 39 | + | ||
| 40 | + | (A) ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT S HALL ESTABLISH 18 | |
| 41 | + | A PROCESS FOR REVIEW ING AND EVALUATING A PPLICATIONS FOR WETL ANDS AND 19 | |
| 42 | + | WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS . 20 | |
| 43 | + | ||
| 44 | + | (B) THE PROCESS REQUIRED UNDER SUBSECTION (A) OF THIS SECTION , 21 | |
| 45 | + | SHALL: 22 | |
| 46 | + | ||
| 47 | + | (1) BE SEPARATE AND DISTI NCT FROM THE PROCESS FOR REVIE WING 23 2 SENATE BILL 945 | |
| 48 | 48 | ||
| 49 | 49 | ||
| 50 | - | (1) State statutes and regulations that affect permitting or completion of 1 | |
| 51 | - | ecological restoration projects permitted by the Wetlands and Waterways Program 2 | |
| 52 | - | Division; 3 | |
| 50 | + | AND EVALUATING APPLI CATIONS FOR WETLANDS AND WATERWAYS 1 | |
| 51 | + | AUTHORIZATIONS FOR D EVELOPMENT PROJECTS ; 2 | |
| 53 | 52 | ||
| 54 | - | (2) the permit and permit review process for ecological restoration permits 4 | |
| 55 | - | in the State; 5 | |
| 53 | + | (2) (I) BE BASED ON THE BEST AVAILABLE SCIENCE ; AND 3 | |
| 56 | 54 | ||
| 57 | - | ( | |
| 58 | - | ||
| 55 | + | (II) BE UPDATED ACCORDINGL Y AS THE BEST AVAILA BLE 4 | |
| 56 | + | SCIENCE EVOLVES ; 5 | |
| 59 | 57 | ||
| 60 | - | ( | |
| 61 | - | ||
| 58 | + | (3) REQUIRE APPLICATIONS TO BE REVIEWED BY IN DIVIDUALS WITH 6 | |
| 59 | + | EXPERTISE IN ECOLOGI CAL RESTORATION PROJ ECTS, INCLUDING TRAINING O N: 7 | |
| 62 | 60 | ||
| 63 | - | ( | |
| 64 | - | ||
| 61 | + | (I) THE BEST AVAILABLE SC IENCE, TECHNOLOGY , AND 8 | |
| 62 | + | PRACTICES APPLICABLE TO ECOLOGICAL RESTOR ATION PROJECTS ; AND 9 | |
| 65 | 63 | ||
| 66 | - | ( | |
| 67 | - | ||
| 64 | + | (II) THE DIFFERENCES BETWE EN DEVELOPMENT PROJE CTS 10 | |
| 65 | + | AND ECOLOGICAL RESTO RATION PROJECTS ; 11 | |
| 68 | 66 | ||
| 69 | - | (5) the efficiency and effectiveness of the current joint application permit 14 | |
| 70 | - | and permit review processes and current counterincentives to watershed–based stream 15 | |
| 71 | - | restoration. 16 | |
| 67 | + | (4) ESTABLISH REVIEW CRIT ERIA THAT ARE SPECIF ICALLY 12 | |
| 68 | + | TAILORED TO RESTORAT ION; 13 | |
| 72 | 69 | ||
| 73 | - | ( | |
| 74 | - | ||
| 75 | - | ||
| 70 | + | (5) REQUIRE APPLICATIONS TO BE REVIEWED IN A MANNER THAT 14 | |
| 71 | + | WEIGHS THE BENEFITS OF A RESTORE D ECOSYSTEM OVER THE BENEFITS OF AN 15 | |
| 72 | + | INDIVIDUAL WETLAND O R WATERWAY ; 16 | |
| 76 | 73 | ||
| 77 | - | (1) the Department of Natural Resources; 20 | |
| 74 | + | (6) IF APPROPRIATE , WAIVE ANY REQUIREMEN T TO MINIMIZE 17 | |
| 75 | + | ALTERATION, IMPAIRMENT , OR DISTURBANCE OF A WETLAND OR WATERWAY IF AN 18 | |
| 76 | + | ALTERATION, IMPAIRMENT , OR DISTURBANCE OF TH E WETLAND OR WATERWAY IS 19 | |
| 77 | + | NECESSARY FOR THE VI ABILITY OF THE PROJE CT; AND 20 | |
| 78 | 78 | ||
| 79 | - | (2) representatives of: 21 | |
| 79 | + | (7) PROVIDE A METHOD FOR EXPEDITING REVIEW OF WETLANDS AND 21 | |
| 80 | + | WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS FOR THE 22 | |
| 81 | + | PURPOSES OF: 23 | |
| 80 | 82 | ||
| 81 | - | (i) | |
| 82 | - | ||
| 83 | + | (I) ENSURING STATE FUNDING FOR RES TORATION IS US ED 24 | |
| 84 | + | MOST EFFICIENTLY AND EFFECTIVELY; AND 25 | |
| 83 | 85 | ||
| 84 | - | (ii) environmental advocacy organizations with scientific or practical 24 | |
| 85 | - | background in ecosystem restoration; 25 | |
| 86 | - | ||
| 87 | - | (iii) community groups and community –based environmental 26 | |
| 88 | - | advocacy organizations; and 27 | |
| 89 | - | ||
| 90 | - | (iv) county governments in the State, including county 28 | |
| 91 | - | environmental policy directors and county sustainability officers; and 29 | |
| 92 | - | ||
| 93 | - | (3) if able to participate, representatives from: 30 | |
| 94 | - | ||
| 95 | - | (i) the University of Maryland Center for Environmental Science – 31 | |
| 96 | - | Chesapeake Biological Laboratory; 32 SENATE BILL 945 3 | |
| 86 | + | (II) AVOIDING UNNECESSARY COSTS ASSOCIATED WIT H 26 | |
| 87 | + | WETLANDS AND WATERWA YS AUTHORIZATIONS AN D PROJECT CONSTRUCTI ON IN 27 | |
| 88 | + | ORDER TO LOWER THE O VERALL COSTS TO THE STATE TO ACHIEVE ITS 28 | |
| 89 | + | CHESAPEAKE BAY RESTORATION GOALS UNDER THE CHESAPEAKE BAY TOTAL 29 | |
| 90 | + | MAXIMUM DAILY LOAD AND THE 2014 CHESAPEAKE BAY WATERSHED 30 | |
| 91 | + | AGREEMENT. 31 | |
| 92 | + | SENATE BILL 945 3 | |
| 97 | 93 | ||
| 98 | 94 | ||
| 95 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
| 96 | + | October 1, 2022. 2 | |
| 99 | 97 | ||
| 100 | - | (ii) the University of Maryland Palmer Lab; and 1 | |
| 101 | - | ||
| 102 | - | (iii) any other scientific research center or laboratory that specializes 2 | |
| 103 | - | in ecosystem restoration. 3 | |
| 104 | - | ||
| 105 | - | (c) The Wetlands and Waterways Program Division shall develop legislative and 4 | |
| 106 | - | regulatory recommendations based on the results of the comprehensive study, analysis, 5 | |
| 107 | - | and evaluation required under subsection (a) of this section, including: 6 | |
| 108 | - | ||
| 109 | - | (1) the definition of ecological restoration that incorporates measurable 7 | |
| 110 | - | scientific aims, including: 8 | |
| 111 | - | ||
| 112 | - | (i) the reduction of nitrogen, sediment, and phosphorus pollution; 9 | |
| 113 | - | and 10 | |
| 114 | - | ||
| 115 | - | (ii) the improvement of benthic environment as compared with 11 | |
| 116 | - | conditions existing at the site of the project during site selection; 12 | |
| 117 | - | ||
| 118 | - | (2) recommendations for a separate and distinct permit application and 13 | |
| 119 | - | processes for watershed–based ecological restoration permits; 14 | |
| 120 | - | ||
| 121 | - | (3) a schedule for regular evaluation of regulations to determine if changes 15 | |
| 122 | - | are necessary to reflect scientific advances in the field, in accordance with § 10–132 of the 16 | |
| 123 | - | State Government Article; 17 | |
| 124 | - | ||
| 125 | - | (4) an evaluation of the need for continuing education requirements for 18 | |
| 126 | - | staff of the Department of the Environment and the Department of Natural Resources 19 | |
| 127 | - | involved in permitting activities for wetlands and waterways; 20 | |
| 128 | - | ||
| 129 | - | (5) recommendations for ensuring permits are issued in a timely and 21 | |
| 130 | - | efficient manner, and any other improvements to the existing permit process; 22 | |
| 131 | - | ||
| 132 | - | (6) recommendations for permits to be reviewed holistically and in a 23 | |
| 133 | - | manner that weighs the benefits of a restored ecosystem over individual resources; 24 | |
| 134 | - | ||
| 135 | - | (7) to ensure that permits are issued in a timely and efficient manner to 25 | |
| 136 | - | achieve the optimal ecosystem restoration outcome, changes to statutes and regulations 26 | |
| 137 | - | that hinder or conflict with ecological restoration permits, review processes, or project 27 | |
| 138 | - | implementation; and 28 | |
| 139 | - | ||
| 140 | - | (8) an analysis of whether additional staff or resources are needed for the 29 | |
| 141 | - | establishment of a new permit. 30 | |
| 142 | - | ||
| 143 | - | (d) On or before June 1, 2024, the Department of the Environment shall report 31 | |
| 144 | - | on the findings and recommendations in accordance with this section to the Governor and, 32 | |
| 145 | - | in accordance with § 2–1257 of the State Government Article, the General Assembly. 33 4 SENATE BILL 945 | |
| 146 | - | ||
| 147 | - | ||
| 148 | - | ||
| 149 | - | Article – Environment 1 | |
| 150 | - | ||
| 151 | - | 5–203.2. 2 | |
| 152 | - | ||
| 153 | - | (A) ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT SHALL ESTA BLISH 3 | |
| 154 | - | A PROCESS FOR REVIEWING AND EVALUA TING APPLICATIONS FO R WETLANDS AND 4 | |
| 155 | - | WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS . 5 | |
| 156 | - | ||
| 157 | - | (B) THE PROCESS REQUIRED UNDER SUBSECTION (A) OF THIS SECTION , 6 | |
| 158 | - | SHALL: 7 | |
| 159 | - | ||
| 160 | - | (1) BE SEPARATE AND DISTI NCT FROM THE PROCESS FOR REVIEWING 8 | |
| 161 | - | AND EVALUATING APPLICATI ONS FOR WETLANDS AND WATERWAYS 9 | |
| 162 | - | AUTHORIZATIONS FOR D EVELOPMENT PROJECTS ; 10 | |
| 163 | - | ||
| 164 | - | (2) (I) BE BASED ON THE BEST AVAILABLE SCIENCE ; AND 11 | |
| 165 | - | ||
| 166 | - | (II) BE UPDATED ACCORDINGL Y AS THE BEST AVAILA BLE 12 | |
| 167 | - | SCIENCE EVOLVES ; 13 | |
| 168 | - | ||
| 169 | - | (3) REQUIRE APPLICATIONS TO BE REVIEWED BY INDIVIDUAL S WITH 14 | |
| 170 | - | EXPERTISE IN ECOLOGI CAL RESTORATION PROJ ECTS, INCLUDING TRAINING O N: 15 | |
| 171 | - | ||
| 172 | - | (I) THE BEST AVAILABLE SC IENCE, TECHNOLOGY , AND 16 | |
| 173 | - | PRACTICES APPLICABLE TO ECOLOGICAL RESTOR ATION PROJECTS ; AND 17 | |
| 174 | - | ||
| 175 | - | (II) THE DIFFERENCES BETWE EN DEVELOPMENT PR OJECTS 18 | |
| 176 | - | AND ECOLOGICAL RESTO RATION PROJECTS ; 19 | |
| 177 | - | ||
| 178 | - | (4) ESTABLISH REVIEW CRIT ERIA THAT ARE SPECIF ICALLY 20 | |
| 179 | - | TAILORED TO RESTORAT ION; 21 | |
| 180 | - | ||
| 181 | - | (5) REQUIRE APPLICATIONS TO BE REVIEWED IN A MANNER THAT 22 | |
| 182 | - | WEIGHS THE BENEFITS OF A RESTORED ECOSYS TEM OVER THE BENEFIT S OF AN 23 | |
| 183 | - | INDIVIDUAL WETLAND O R WATERWAY ; 24 | |
| 184 | - | ||
| 185 | - | (6) IF APPROPRIATE , WAIVE ANY REQUIREMEN T TO MINIMIZE 25 | |
| 186 | - | ALTERATION, IMPAIRMENT , OR DISTURBANCE OF A WETLAND OR WATERWAY IF AN 26 | |
| 187 | - | ALTERATION, IMPAIRMENT , OR DISTURBANCE OF TH E WETLAND OR WATERWA Y IS 27 | |
| 188 | - | NECESSARY FOR THE VI ABILITY OF THE PROJECT ; AND 28 | |
| 189 | - | SENATE BILL 945 5 | |
| 190 | - | ||
| 191 | - | ||
| 192 | - | (7) PROVIDE A METHOD FOR EXPEDITING REVIEW OF WETLANDS AND 1 | |
| 193 | - | WATERWAYS AUTHORIZAT IONS FOR ECOLOGICAL RESTORATION PROJECTS FOR THE 2 | |
| 194 | - | PURPOSES OF: 3 | |
| 195 | - | ||
| 196 | - | (I) ENSURING STATE FUNDING FOR RES TORATION IS USED 4 | |
| 197 | - | MOST EFFICIENTLY AND EFFECTIVELY; AND 5 | |
| 198 | - | ||
| 199 | - | (II) AVOIDING UNNECESSARY COSTS ASSOCIATED WIT H 6 | |
| 200 | - | WETLANDS AND WATERWA YS AUTHORIZATIONS AN D PROJECT CONSTRUCTI ON IN 7 | |
| 201 | - | ORDER TO LOWER THE O VERALL COSTS TO THE STATE TO ACHIEVE ITS 8 | |
| 202 | - | CHESAPEAKE BAY RESTORATION GOALS UNDER THE CHESAPEAKE BAY TOTAL 9 | |
| 203 | - | MAXIMUM DAILY LOAD AND THE 2014 CHESAPEAKE BAY WATERSHED 10 | |
| 204 | - | AGREEMENT. 11 | |
| 205 | - | ||
| 206 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12 | |
| 207 | - | October 1, 2022. 13 | |
| 208 | - | ||
| 209 | - | ||
| 210 | - | ||
| 211 | - | ||
| 212 | - | Approved: | |
| 213 | - | ________________________________________________________________________________ | |
| 214 | - | Governor. | |
| 215 | - | ________________________________________________________________________________ | |
| 216 | - | President of the Senate. | |
| 217 | - | ________________________________________________________________________________ | |
| 218 | - | Speaker of the House of Delegates. |