EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 392
M3 3lr1367
By: Senator McCray
Introduced and read first time: February 1, 2023
Assigned to: Education, Energy, and the Environment and Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Wastewater Facility Supplemental Operations and Maintenance Grant Program 2
– Establishment 3
FOR the purpose of establishing the Wastewater Facility Supplemental Operations and 4
Maintenance Grant Program for the purpose of providing competitive grants for 5
publicly owned wastewater facilities facing operations and maintenance challenges 6
that threaten the proper functioning of a facility’s enhanced nutrient removal 7
technology; requiring the Maryland Water Infrastructure Financing Administration 8
in the Department of the Environment to administer the Program; and generally 9
relating to the establishment of the Wastewater Facility Supplemental Operations 10
and Maintenance Grant Program. 11
BY repealing and reenacting, without amendments, 12
Article – Environment 13
Section 9–1601(a), (b), (o), (r), (v) through (x), (kk), and (ll) 14
Annotated Code of Maryland 15
(2014 Replacement Volume and 2022 Supplement) 16
BY adding to 17
Article – Environment 18
Section 9–1605.5 19
Annotated Code of Maryland 20
(2014 Replacement Volume and 2022 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Environment 24
9–1601. 25
2 SENATE BILL 392
(a) Unless the context clearly requires otherwise, in this subtitle the following 1
words have the meanings indicated. 2
(b) “Administration” means the Maryland Water Infrastructure Financing 3
Administration. 4
(o) “Enhanced nutrient removal” means: 5
(1) An enhanced nutrient removal technology that is capable of reducing 6
the nitrogen and phosphorus concentrations in wastewater effluent to concentrations of not 7
more than 3 milligrams per liter total nitrogen and not more than 0.3 milligrams per liter 8
total phosphorus, as calculated on an annually averaged basis; or 9
(2) If the Department has determined that the concentrations under item 10
(1) of this subsection are not practicable for a wastewater facility, the lowest average annual 11
wastewater effluent nitrogen and phosphorus concentrations that the Department 12
determines are practicable for that facility. 13
(r) “Facility” means a wastewater facility or all or a portion of a water supply 14
system as defined in § 9–201(u) of this title. 15
(v) “Grant” means a grant from the Administration to a grantee. 16
(w) “Grant agreement” means a written agreement between the Administration 17
and a grantee with respect to a grant. 18
(x) “Grantee” means the grant recipient. 19
(kk) (1) “User” means any person discharging wastewater to: 20
(i) A wastewater facility that has a State discharge permit or 21
national pollutant discharge elimination system discharge permit; 22
(ii) An on–site sewage disposal system; or 23
(iii) A sewage holding tank. 24
(2) “User” does not include a person whose sole discharge is stormwater 25
under a stormwater permit. 26
(ll) (1) “Wastewater facility” means any equipment, plant, treatment works, 27
structure, machinery, apparatus, interest in land, or any combination of these, which is 28
acquired, used, constructed, or operated: 29
(i) For the storage, c ollection, treatment, neutralization, 30
stabilization, reduction, recycling, reclamation, separation, or disposal of wastewater; 31
SENATE BILL 392 3
(ii) To improve water conservation, reduce energy consumption, or 1
increase security; or 2
(iii) For the final disposal of residues resulting from the treatment of 3
wastewater. 4
(2) “Wastewater facility” includes: 5
(i) Treatment or disposal plants; outfall sewers, interceptor sewers, 6
and collector sewers; pumping and ventilating stations, facilities, and works; and other real 7
or personal property and appurtenances incident to their development, use, or operation; 8
(ii) Any programs and projects for managing, reducing, treating, 9
recapturing, abating, or controlling nonpoint sources of water pollution, including 10
stormwater or subsurface drainage water; and 11
(iii) Any programs and projects for improving estuarine conservation 12
and management. 13
9–1605.5. 14
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “PROGRAM” MEANS THE WASTEWATER FACILITY 17
SUPPLEMENTAL OPERATIONS AND MAINTENANCE GRANT PROGRAM. 18
(3) “PUBLICLY OWNED WASTEW ATER FACILITY ” MEANS A 19
WASTEWATER FACILITY THAT IS OWNED BY THE STATE, A POLITICAL SUBDIVIS ION, 20
A MUNICIPAL CORPORATIO N, OR ANOTHER PUBLIC ENTITY . 21
(B) THERE IS A WASTEWATER FACILITY SUPPLEMENTAL OPERATIONS AND 22
MAINTENANCE GRANT PROGRAM. 23
(C) THE PURPOSE OF THE PROGRAM IS TO SUPPORT THE STATE’S WATER 24
QUALITY GOALS BY PRO VIDING COMPETITIVE GRANTS FOR PUBLICLY OWNED 25
WASTEWATER FACILITIE S FACING STAFFING SHOR TAGES, MAINTENANCE 26
BACKLOGS, AND OTHER OPERATIONS AND MAINTENANCE CHAL LENGES THAT 27
THREATEN THE PROPER FUNCTIONING O F A FACILITY’S ENHANCED NUTRIENT 28
REMOVAL TECHNOLOGY . 29
(D) THE ADMINISTRATION SHALL ADMINISTER THE PROGRAM. 30
(E) THE ADMINISTRATION SHALL: 31
4 SENATE BILL 392
(1) USE A COMPETITIVE PRO CESS TO INVITE GRANT PROPOSALS 1
FROM THE OPERATORS O F PUBLIC WASTEWATER FACILITIE S THAT HAVE BEEN 2
UPGRADED TO ACHIEVE ENHANCED NUTRIENT RE MOVAL; AND 3
(2) DEVELOP AND ANNOUNCE THE CRITERIA THAT WILL BE USED TO 4
EVALUATE GRANT PROPOSALS. 5
(F) A GRANT PROPOSAL SUBMI TTED UNDER THIS SECT ION SHALL INCLUDE : 6
(1) A DESCRIPTION OF THE O PERATIONS AND MAINTE NANCE 7
CHALLENGES FACING TH E WASTEWATER FACILITY ; 8
(2) AN EXPLANATION OF THE MEASURES THE WASTEWA TER FACILITY 9
INTENDS TO IMPLEMENT TO ADDRESS OPERATION S AND MAINTENANCE 10
CHALLENGES ; 11
(3) A COST ESTIMATE FOR EA CH PROPOSED MEASURE ; 12
(4) PROPOSED METRICS FOR EVALUATING THE EFFECTIVENESS OF 13
EACH PROPOSED MEAS URE; 14
(5) DEMOGRAPHIC INFORMATI ON REGARDING THE USE RS SERVED 15
BY THE WASTEWATER FA CILITY; AND 16
(6) ANY OTHER INFORMATION THE ADMINISTRATION REQUIRES. 17
(G) WHEN EVALUATING GRANT PROPOSALS UNDER THIS SECTION, THE 18
ADMINISTRATION SHALL PRIORITIZE FUNDING FOR WASTEWATER FACIL ITIES 19
WITH: 20
(1) AN OVERALL STAFF VACANC Y RATE OR A MAINTENANCE DIVISION 21
STAFF VACANCY RATE OF 10% OR MORE; 22
(2) A DESIGN FLOW OF 1,000,000 GALLONS PER DAY OR M ORE; AND 23
(3) A HIGH PROPORTION OF L OW–INCOME USERS . 24
(H) SUBJECT TO THE GRANT AGREEMENT , A GRANT AWARDED UNDE R THIS 25
SECTION MAY BE USED FOR ANY PURPOSE RELATED TO T HE OPERATIONS AND 26
MAINTENANCE OF THE W ASTEWATER FACILITY , INCLUDING MEASURES RELATED 27
TO: 28
SENATE BILL 392 5
(1) THE RECRUITMENT AND RETE NTION OF QUALIFIED EMPLOYEES, 1
SUCH AS PUBLIC OUTREACH EFFOR TS, APPRENTICESHIPS , CONTINUING 2
EDUCATION AND TRAINING PROGRAMS , RECRUITMENT BONUSES , AND SALARY 3
ADJUSTMENTS ; AND 4
(2) THE OPERATION AND MAINTENANCE OF ENHANCED NUTRIENT 5
REMOVAL TECHNOLOGY , SUCH AS THE IMPLEMENTATION O F PREVENTIVE 6
MAINTENANCE PRACTICES, PREDICTIVE MAINTENAN CE PRACTICES, AND ASSET 7
MANAGEMENT SYSTEM S. 8
(I) A GRANT AWARDED UNDER THIS S ECTION SHALL BE IN AN AMOUNT 9
THAT IS: 10
(1) DETERMINED BY THE ADMINISTRATION , BASED ON THE 11
DEMONSTRATED NEED OF THE GRANT APPLICANT ; AND 12
(2) NOT MORE THAN $3,000,000. 13
(J) THE ADMINISTRATION SHALL INCLUDE IN EACH GRAN T AGREEMENT 14
ENTERED INTO UNDER T HIS SECTION CONDITIO NS AND REQUIREMENTS SUFFICIENT 15
TO: 16
(1) ENSURE THAT GRANT FUN DS ARE USED FOR THE PURPOSES 17
SPECIFIED IN THE GRA NT AGREEMENT; AND 18
(2) EVALUATE THE EFFECTIV ENESS OF THE MEASURE S 19
IMPLEMENTED IN ACCORDANCE WITH T HE GRANT AGREEMENT . 20
(K) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 21
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIATION OF 22
$10,000,000 FOR THE PROGRAM. 23
(L) GRANTS PROVIDED UNDER THIS SECTION ARE SUP PLEMENTAL TO AND 24
NOT INTENDED TO TAKE THE PLACE OF OPERATI ONS AND MAINTENANCE GRANTS 25
PROVIDED UNDER THE BAY RESTORATION FUND IN ACCORDANCE WITH § 26
9–1605.2(I)(2)(III) OF THIS SUBTITLE. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2023. 29