Maryland 2023 Regular Session

Maryland Senate Bill SB392 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0392*
96
107 SENATE BILL 392
118 M3 3lr1367
129
1310 By: Senator McCray
1411 Introduced and read first time: February 1, 2023
1512 Assigned to: Education, Energy, and the Environment and Budget and Taxation
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: March 21, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Wastewater Facility Supplemental Operations and Maintenance Grant Program 2
2519 – Establishment 3
2620
2721 FOR the purpose of establishing the Wastewater Facility Supplemental Operations and 4
2822 Maintenance Grant Program for the purpose of providing competitive grants for 5
2923 publicly owned wastewater facilities facing operations and maintenance challenges 6
3024 that threaten the proper functioning of a facility’s enhanced nutrient removal 7
31-technology ability of the facility to discharge clean water and meet certain laws; 8
32-requiring the Maryland Water Infrastructure Financing Administration in the 9
33-Department of the Environment to administer the Program; and generally relating 10
34-to the establishment of the Wastewater Facility Supplemental Operations and 11
35-Maintenance Grant Program. 12
25+technology; requiring the Maryland Water Infrastructure Financing Administration 8
26+in the Department of the Environment to administer the Program; and generally 9
27+relating to the establishment of the Wastewater Facility Supplemental Operations 10
28+and Maintenance Grant Program. 11
3629
37-BY repealing and reenacting, without amendments, 13
38- Article – Environment 14
39-Section 9–1601(a), (b), (o), (r), (v) through (x), (kk), and (ll) 15
40- Annotated Code of Maryland 16
41- (2014 Replacement Volume and 2022 Supplement) 17
30+BY repealing and reenacting, without amendments, 12
31+ Article – Environment 13
32+Section 9–1601(a), (b), (o), (r), (v) through (x), (kk), and (ll) 14
33+ Annotated Code of Maryland 15
34+ (2014 Replacement Volume and 2022 Supplement) 16
4235
43-BY adding to 18
44- Article – Environment 19
45-Section 9–1605.5 20
46- Annotated Code of Maryland 21
47- (2014 Replacement Volume and 2022 Supplement) 22
36+BY adding to 17
37+ Article – Environment 18
38+Section 9–1605.5 19
39+ Annotated Code of Maryland 20
40+ (2014 Replacement Volume and 2022 Supplement) 21
41+
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
43+That the Laws of Maryland read as follows: 23
44+
45+Article – Environment 24
46+
47+9–1601. 25
4848 2 SENATE BILL 392
4949
5050
51- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52-That the Laws of Maryland read as follows: 2
51+ (a) Unless the context clearly requires otherwise, in this subtitle the following 1
52+words have the meanings indicated. 2
5353
54-Article – Environment 3
54+ (b) “Administration” means the Maryland Water Infrastructure Financing 3
55+Administration. 4
5556
56-9–1601. 4
57+ (o) “Enhanced nutrient removal” means: 5
5758
58- (a) Unless the context clearly requires otherwise, in this subtitle the following 5
59-words have the meanings indicated. 6
59+ (1) An enhanced nutrient removal technology that is capable of reducing 6
60+the nitrogen and phosphorus concentrations in wastewater effluent to concentrations of not 7
61+more than 3 milligrams per liter total nitrogen and not more than 0.3 milligrams per liter 8
62+total phosphorus, as calculated on an annually averaged basis; or 9
6063
61- (b) “Administration” means the Maryland Water Infrastructure Financing 7
62-Administration. 8
64+ (2) If the Department has determined that the concentrations under item 10
65+(1) of this subsection are not practicable for a wastewater facility, the lowest average annual 11
66+wastewater effluent nitrogen and phosphorus concentrations that the Department 12
67+determines are practicable for that facility. 13
6368
64- (o) “Enhanced nutrient removal” means: 9
69+ (r) “Facility” means a wastewater facility or all or a portion of a water supply 14
70+system as defined in § 9–201(u) of this title. 15
6571
66- (1) An enhanced nutrient removal technology that is capable of reducing 10
67-the nitrogen and phosphorus concentrations in wastewater effluent to concentrations of not 11
68-more than 3 milligrams per liter total nitrogen and not more than 0.3 milligrams per liter 12
69-total phosphorus, as calculated on an annually averaged basis; or 13
72+ (v) “Grant” means a grant from the Administration to a grantee. 16
7073
71- (2) If the Department has determined that the concentrations under item 14
72-(1) of this subsection are not practicable for a wastewater facility, the lowest average annual 15
73-wastewater effluent nitrogen and phosphorus concentrations that the Department 16
74-determines are practicable for that facility. 17
74+ (w) “Grant agreement” means a written agreement between the Administration 17
75+and a grantee with respect to a grant. 18
7576
76- (r) “Facility” means a wastewater facility or all or a portion of a water supply 18
77-system as defined in § 9–201(u) of this title. 19
77+ (x) “Grantee” means the grant recipient. 19
7878
79- (v) “Grant” means a grant from the Administration to a grantee. 20
79+ (kk) (1) “User” means any person discharging wastewater to: 20
8080
81- (w) “Grant agreement” means a written agreement between the Administration 21
82-and a grantee with respect to a grant. 22
81+ (i) A wastewater facility that has a State discharge permit or 21
82+national pollutant discharge elimination system discharge permit; 22
8383
84- (x) “Grantee” means the grant recipient. 23
84+ (ii) An on–site sewage disposal system; or 23
8585
86- (kk) (1) “User” means any person discharging wastewater to: 24
86+ (iii) A sewage holding tank. 24
8787
88- (i) A wastewater facility that has a State discharge permit or 25
89-national pollutant discharge elimination system discharge permit; 26
88+ (2) “User” does not include a person whose sole discharge is stormwater 25
89+under a stormwater permit. 26
9090
91- (ii) An on–site sewage disposal system; or 27
91+ (ll) (1) “Wastewater facility” means any equipment, plant, treatment works, 27
92+structure, machinery, apparatus, interest in land, or any combination of these, which is 28
93+acquired, used, constructed, or operated: 29
9294
93- (iii) A sewage holding tank. 28
94-
95- (2) “User” does not include a person whose sole discharge is stormwater 29
96-under a stormwater permit. 30
95+ (i) For the storage, c ollection, treatment, neutralization, 30
96+stabilization, reduction, recycling, reclamation, separation, or disposal of wastewater; 31
9797 SENATE BILL 392 3
9898
9999
100- (ll) (1) “Wastewater facility” means any equipment, plant, treatment works, 1
101-structure, machinery, apparatus, interest in land, or any combination of these, which is 2
102-acquired, used, constructed, or operated: 3
100+ (ii) To improve water conservation, reduce energy consumption, or 1
101+increase security; or 2
103102
104- (i) For the storage, collection, treatment, neutralization, 4
105-stabilization, reduction, recycling, reclamation, separation, or disposal of wastewater; 5
103+ (iii) For the final disposal of residues resulting from the treatment of 3
104+wastewater. 4
106105
107- (ii) To improve water conservation, reduce energy consumption, or 6
108-increase security; or 7
106+ (2) “Wastewater facility” includes: 5
109107
110- (iii) For the final disposal of residues resulting from the treatment of 8
111-wastewater. 9
108+ (i) Treatment or disposal plants; outfall sewers, interceptor sewers, 6
109+and collector sewers; pumping and ventilating stations, facilities, and works; and other real 7
110+or personal property and appurtenances incident to their development, use, or operation; 8
112111
113- (2) “Wastewater facility” includes: 10
112+ (ii) Any programs and projects for managing, reducing, treating, 9
113+recapturing, abating, or controlling nonpoint sources of water pollution, including 10
114+stormwater or subsurface drainage water; and 11
114115
115- (i) Treatment or disposal plants; outfall sewers, interceptor sewers, 11
116-and collector sewers; pumping and ventilating stations, facilities, and works; and other real 12
117-or personal property and appurtenances incident to their development, use, or operation; 13
116+ (iii) Any programs and projects for improving estuarine conservation 12
117+and management. 13
118118
119- (ii) Any programs and projects for managing, reducing, treating, 14
120-recapturing, abating, or controlling nonpoint sources of water pollution, including 15
121-stormwater or subsurface drainage water; and 16
119+9–1605.5. 14
122120
123- (iii) Any programs and projects for improving estuarine conservation 17
124-and management. 18
121+ (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 15
122+INDICATED. 16
125123
126-9–1605.5. 19
124+ (2) “PROGRAM” MEANS THE WASTEWATER FACILITY 17
125+SUPPLEMENTAL OPERATIONS AND MAINTENANCE GRANT PROGRAM. 18
127126
128- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
129-INDICATED. 21
127+ (3) “PUBLICLY OWNED WASTEW ATER FACILITY ” MEANS A 19
128+WASTEWATER FACILITY THAT IS OWNED BY THE STATE, A POLITICAL SUBDIVIS ION, 20
129+A MUNICIPAL CORPORATIO N, OR ANOTHER PUBLIC ENTITY . 21
130130
131- (2) “PROGRAM” MEANS THE WASTEWATER FACILITY 22
132-SUPPLEMENTAL OPERATIONS AND MAINTENANCE GRANT PROGRAM. 23
131+ (B) THERE IS A WASTEWATER FACILITY SUPPLEMENTAL OPERATIONS AND 22
132+MAINTENANCE GRANT PROGRAM. 23
133133
134- (3) “PUBLICLY OWNED WASTEW ATER FACILITY ” MEANS A 24
135-WASTEWATER FACILITY THAT IS OWNED BY THE STATE, A POLITICAL SUBDIVIS ION, 25
136-A MUNICIPAL CORPORAT ION, OR ANOTHER PUBLIC EN TITY. 26
134+ (C) THE PURPOSE OF THE PROGRAM IS TO SUPPORT THE STATE’S WATER 24
135+QUALITY GOALS BY PRO VIDING COMPETITIVE GRANTS FOR PUBLICLY OWNED 25
136+WASTEWATER FACILITIE S FACING STAFFING SHOR TAGES, MAINTENANCE 26
137+BACKLOGS, AND OTHER OPERATIONS AND MAINTENANCE CHAL LENGES THAT 27
138+THREATEN THE PROPER FUNCTIONING O F A FACILITY’S ENHANCED NUTRIENT 28
139+REMOVAL TECHNOLOGY . 29
137140
138- (B) THERE IS A WASTEWATER FACILITY SUPPLEMENTAL OPERATIONS AND 27
139-MAINTENANCE GRANT PROGRAM. 28
141+ (D) THE ADMINISTRATION SHALL ADMINISTER THE PROGRAM. 30
140142
141- (C) THE PURPOSE OF THE PROGRAM IS TO SUPPORT THE STATE’S WATER 29
142-QUALITY GOALS BY PRO VIDING COMPETITIVE G RANTS FOR PUBLICLY O WNED 30
143-WASTEWATER FACILITIE S FACING STAFFING SH ORTAGES, MAINTENANCE 31
144-BACKLOGS, AND OR OTHER OPERATIONS AND MAINTENANCE CHALLENG ES THAT 32
145-THREATEN THE PROPER FUNCTIONING O F A FACILITY’S ENHANCED NUTRIENT 33 4 SENATE BILL 392
143+ (E) THE ADMINISTRATION SHALL: 31
144+ 4 SENATE BILL 392
146145
147146
148-REMOVAL TECHNOLOGY ABILITY OF THE FACIL ITY TO DISCHARGE CLE AN WATER 1
149-AND MEET ALL APPLICA BLE FEDERAL, STATE, AND LOCAL LAWS . 2
147+ (1) USE A COMPETITIVE PRO CESS TO INVITE GRANT PROPOSALS 1
148+FROM THE OPERATORS O F PUBLIC WASTEWATER FACILITIE S THAT HAVE BEEN 2
149+UPGRADED TO ACHIEVE ENHANCED NUTRIENT RE MOVAL; AND 3
150150
151- (D) THE ADMINISTRATION SHALL ADMINISTER THE PROGRAM. 3
151+ (2) DEVELOP AND ANNOUNCE THE CRITERIA THAT WILL BE USED TO 4
152+EVALUATE GRANT PROPOSALS. 5
152153
153- (E) THE ADMINISTRATION SHALL : 4
154+ (F) A GRANT PROPOSAL SUBMI TTED UNDER THIS SECT ION SHALL INCLUDE : 6
154155
155- (1) USE A COMPETITIVE PRO CESS TO INVITE INVITE GRANT 5
156-PROPOSALS FROM THE O PERATORS OF PUBLIC W ASTEWATER FACILITIES THAT 6
157-HAVE BEEN UPGRADED TO ACHIEVE ENHANCED NUTRIENT RE MOVAL; AND 7
156+ (1) A DESCRIPTION OF THE O PERATIONS AND MAINTE NANCE 7
157+CHALLENGES FACING TH E WASTEWATER FACILITY ; 8
158158
159- (2) DEVELOP AND ANNOUNCE THE CRITERIA THAT WILL BE USED TO 8
160-EVALUATE GRANT PROPO SALS. 9
159+ (2) AN EXPLANATION OF THE MEASURES THE WASTEWA TER FACILITY 9
160+INTENDS TO IMPLEMENT TO ADDRESS OPERATION S AND MAINTENANCE 10
161+CHALLENGES ; 11
161162
162- (F) A GRANT PROPOSAL SUBMI TTED UNDER THIS SECT ION SHALL INCLUDE : 10
163+ (3) A COST ESTIMATE FOR EA CH PROPOSED MEASURE ; 12
163164
164- (1) A DESCRIPTION OF THE O PERATIONS AND MAINTE NANCE 11
165-CHALLENGES FACING TH E WASTEWATER FACILIT Y; 12
165+ (4) PROPOSED METRICS FOR EVALUATING THE EFFECTIVENESS OF 13
166+EACH PROPOSED MEAS URE; 14
166167
167- (2) AN EXPLANATION OF THE MEASURES THE WA STEWATER FACILITY 13
168-INTENDS TO IMPLEMENT TO ADDRESS OPERATION S AND MAINTENANCE 14
169-CHALLENGES ; 15
168+ (5) DEMOGRAPHIC INFORMATI ON REGARDING THE USE RS SERVED 15
169+BY THE WASTEWATER FA CILITY; AND 16
170170
171- (3) A COST ESTIMATE FOR EA CH PROPOSED MEASURE ; 16
171+ (6) ANY OTHER INFORMATION THE ADMINISTRATION REQUIRES. 17
172172
173- (4) PROPOSED METRICS FOR EVALUATING THE EFFEC TIVENESS OF 17
174-EACH PROPOSED MEASUR E; 18
173+ (G) WHEN EVALUATING GRANT PROPOSALS UNDER THIS SECTION, THE 18
174+ADMINISTRATION SHALL PRIORITIZE FUNDING FOR WASTEWATER FACIL ITIES 19
175+WITH: 20
175176
176- (5) DEMOGRAPHIC INFORMATI ON REGARDING THE USERS SERVED 19
177-BY THE WASTEWATER FA CILITY; AND 20
177+ (1) AN OVERALL STAFF VACANC Y RATE OR A MAINTENANCE DIVISION 21
178+STAFF VACANCY RATE OF 10% OR MORE; 22
178179
179- (6) ANY OTHER INFORMATION THE ADMINISTRATION REQUIR ES. 21
180+ (2) A DESIGN FLOW OF 1,000,000 GALLONS PER DAY OR M ORE; AND 23
180181
181- (G) WHEN EVALUATING GRANT PROPOSALS UNDER THIS SECTION, THE 22
182-ADMINISTRATION SHALL PRIORITIZE FUNDING F OR WASTEWATER FACILI TIES 23
183-WITH: 24
182+ (3) A HIGH PROPORTION OF L OW–INCOME USERS . 24
184183
185- (1) AN OVERALL STAFF VACA NCY RATE OR A MAINTE NANCE DIVISION 25
186-STAFF VACANCY RATE O F 10% OR MORE BETWEEN OCTOBER 1, 2020, AND OCTOBER 26
187-1, 2023; 27
188-
189- (2) A DESIGN FLOW OF 1,000,000 GALLONS PER DAY OR M ORE; AND 28
184+ (H) SUBJECT TO THE GRANT AGREEMENT , A GRANT AWARDED UNDE R THIS 25
185+SECTION MAY BE USED FOR ANY PURPOSE RELATED TO T HE OPERATIONS AND 26
186+MAINTENANCE OF THE W ASTEWATER FACILITY , INCLUDING MEASURES RELATED 27
187+TO: 28
190188 SENATE BILL 392 5
191189
192190
193- (3) A HIGH PROPORTION OF LOW–INCOME USERS WHO LIVE IN 1
194-OVERBURDENED OR UNDE RSERVED COMMUNITIES AS DEFINED IN § 1–701 OF THIS 2
195-ARTICLE. 3
191+ (1) THE RECRUITMENT AND RETE NTION OF QUALIFIED EMPLOYEES, 1
192+SUCH AS PUBLIC OUTREACH EFFOR TS, APPRENTICESHIPS , CONTINUING 2
193+EDUCATION AND TRAINING PROGRAMS , RECRUITMENT BONUSES , AND SALARY 3
194+ADJUSTMENTS ; AND 4
196195
197- (H) SUBJECT TO THE GRANT AGREEMENT , A GRANT AWARDED UNDE R THIS 4
198-SECTION MAY BE USED FOR ANY PURPOSE RELA TED TO THE OPERATION S AND 5
199-MAINTENANCE OF THE W ASTEWATER FACILITY , INCLUDING MEASURES RE LATED 6
200-TO: 7
196+ (2) THE OPERATION AND MAINTENANCE OF ENHANCED NUTRIENT 5
197+REMOVAL TECHNOLOGY , SUCH AS THE IMPLEMENTATION O F PREVENTIVE 6
198+MAINTENANCE PRACTICES, PREDICTIVE MAINTENAN CE PRACTICES, AND ASSET 7
199+MANAGEMENT SYSTEM S. 8
201200
202- (1) THE THE RECRUITMENT AND RETE NTION OF QUALIFIED 8
203-EMPLOYEES OPERATIONS AND MAINT ENANCE STAFF , SUCH AS PUBLIC OUTRE ACH 9
204-EFFORTS, APPRENTICESHIPS , CONTINUING EDUCATION AND TRAINING PROGRAM S, 10
205-RECRUITMENT BONUSES , AND SALARY ADJUSTMENTS ; AND 11
201+ (I) A GRANT AWARDED UNDER THIS S ECTION SHALL BE IN AN AMOUNT 9
202+THAT IS: 10
206203
207- (2) THE OPERATION AND MAI NTENANCE OF ENHANCED NUTRIENT 12
208-REMOVAL TECHNOLOGY , SUCH AS THE IMPLEMEN TATION OF PREVENTIVE 13
209-MAINTENANCE PRACTICE S, PREDICTIVE MAINTENAN CE PRACTICES , AND ASSET 14
210-MANAGEMENT SYSTEMS . 15
204+ (1) DETERMINED BY THE ADMINISTRATION , BASED ON THE 11
205+DEMONSTRATED NEED OF THE GRANT APPLICANT ; AND 12
211206
212- (I) (1) A GRANT AWARDED UNDER THIS SECTION SHALL BE IN AN 16
213-AMOUNT THAT IS : 17
207+ (2) NOT MORE THAN $3,000,000. 13
214208
215- (1) (I) DETERMINED BY THE ADMINISTRATION , BASED ON THE 18
216-DEMONSTRATED NEED OF THE GRANT APPLICANT ; AND 19
209+ (J) THE ADMINISTRATION SHALL INCLUDE IN EACH GRAN T AGREEMENT 14
210+ENTERED INTO UNDER T HIS SECTION CONDITIO NS AND REQUIREMENTS SUFFICIENT 15
211+TO: 16
217212
218- (2) (II) NOT MORE THAN $3,000,000 PER WASTEWATER FACIL ITY. 20
213+ (1) ENSURE THAT GRANT FUN DS ARE USED FOR THE PURPOSES 17
214+SPECIFIED IN THE GRA NT AGREEMENT; AND 18
219215
220- (2) A WASTEWATER FACILITY MAY NOT BE AWARDED MORE THAN 21
221-$6,000,000 IN GRANTS UNDER THIS SECTION DURING A 3–YEAR PERIOD. 22
216+ (2) EVALUATE THE EFFECTIV ENESS OF THE MEASURE S 19
217+IMPLEMENTED IN ACCORDANCE WITH T HE GRANT AGREEMENT . 20
222218
223- (J) THE ADMINISTRATION SHALL INCLUDE IN EACH GRAN T AGREEMENT 23
224-ENTERED INTO UNDER T HIS SECTION CONDITIO NS AND REQUIREMENTS SUFFICIENT 24
225-TO: 25
219+ (K) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 21
220+GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIATION OF 22
221+$10,000,000 FOR THE PROGRAM. 23
226222
227- (1) ENSURE THAT GRANT FUN DS ARE USED FOR THE PURPOSE S 26
228-SPECIFIED IN THE GRA NT AGREEMENT ; AND 27
223+ (L) GRANTS PROVIDED UNDER THIS SECTION ARE SUP PLEMENTAL TO AND 24
224+NOT INTENDED TO TAKE THE PLACE OF OPERATI ONS AND MAINTENANCE GRANTS 25
225+PROVIDED UNDER THE BAY RESTORATION FUND IN ACCORDANCE WITH § 26
226+9–1605.2(I)(2)(III) OF THIS SUBTITLE. 27
229227
230- (2) EVALUATE THE EFFECTIV ENESS OF THE MEASURE S 28
231-IMPLEMENTED IN ACCOR DANCE WITH THE GRANT AGREEMENT . 29
232-
233- (K) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 30
234-GOVERNOR SHALL MAY INCLUDE IN THE ANNUAL BUDGET BI LL AN APPROPRIATION 31
235-OF $10,000,000 FOR THE PROGRAM. 32
236- 6 SENATE BILL 392
237-
238-
239- (L) GRANTS PROVIDED UNDER THIS SECTION ARE SUP PLEMENTAL TO AND 1
240-NOT INTENDED TO TAKE THE PLACE OF OPERATI ONS AND MAINTENANCE GRANTS 2
241-PROVIDED UNDER THE BAY RESTORATION FUND IN ACCORD ANCE WITH § 3
242-9–1605.2(I)(2)(III) OF THIS SUBTITLE. 4
243-
244- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
245-October 1, 2023. 6
246-
247-
248-
249-
250-Approved:
251-________________________________________________________________________________
252- Governor.
253-________________________________________________________________________________
254- President of the Senate.
255-________________________________________________________________________________
256- Speaker of the House of Delegates.
228+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
229+October 1, 2023. 29