MD
Maryland Senate Bill SB718

Maryland 2023 Regular Session

Maryland Senate Bill SB718 Compare Versions

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1- WES MOORE, Governor Ch. 65
21
3-– 1 –
4-Chapter 65
5-(Senate Bill 718)
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+ *sb0718*
89
9-Voluntary Cleanup Program – Determination and Recordation Deadlines
10+SENATE BILL 718
11+M3 3lr0102
1012
11-FOR the purpose of altering determination and recordation deadlines for the Voluntary
12-Cleanup Program; and generally relating to the Voluntary Cleanup Program.
13+By: Chair, Education, Energy, and the Environment Committee (By Request –
14+Departmental – Environment)
15+Introduced and read first time: February 6, 2023
16+Assigned to: Education, Energy, and the Environment
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 28, 2023
1320
14-BY repealing and reenacting, without amendments,
15-Article – Environment
16-Section 7–501(a), (c), (g), (h), (j), (k), and (n) and 7–514(d)(2)
17-Annotated Code of Maryland
18-(2013 Replacement Volume and 2022 Supplement)
21+CHAPTER ______
1922
20-BY repealing and reenacting, with amendments,
21-Article – Environment
22-Section 7–506(e)(1) and (i)(1), 7–513(a), and 7–514(d)(1)
23-Annotated Code of Maryland
24-(2013 Replacement Volume and 2022 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+Voluntary Cleanup Program – Determination and Recordation Deadlines 2
2826
29-Article – Environment
27+FOR the purpose of altering determination and recordation deadlines for the Voluntary 3
28+Cleanup Program; and generally relating to the Voluntary Cleanup Program. 4
3029
31-7–501.
30+BY repealing and reenacting, without amendments, 5
31+Article – Environment 6
32+Section 7–501(a), (c), (g), (h), (j), (k), and (n) and 7–514(d)(2) 7
33+Annotated Code of Maryland 8
34+(2013 Replacement Volume and 2022 Supplement) 9
3235
33- (a) In this subtitle the following words have the meanings indicated.
36+BY repealing and reenacting, with amendments, 10
37+Article – Environment 11
38+Section 7–506(e)(1) and (i)(1), 7–513(a), and 7–514(d)(1) 12
39+Annotated Code of Maryland 13
40+(2013 Replacement Volume and 2022 Supplement) 14
3441
35- (c) “Applicant” means a person who applies to participate in the Voluntary
36-Cleanup Program.
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
43+That the Laws of Maryland read as follows: 16
3744
38- (g) (1) “Eligible property” means property that is contaminated or perceived to
39-be contaminated.
45+Article – Environment 17
4046
41- (2) “Eligible property” does not include property that is:
47+7–501. 18
48+ 2 SENATE BILL 718
4249
43- (i) On the national priorities list under § 105 of the federal act;
4450
45- (ii) Except as provided in paragraph (3)(i) of this subsection, under
46-active enforcement; or
51+ (a) In this subtitle the following words have the meanings indicated. 1
4752
48- (iii) Subject to a controlled hazardous substances permit issued in
49-accordance with this title. Ch. 65 2023 LAWS OF MARYLAND
53+ (c) “Applicant” means a person who applies to participate in the Voluntary 2
54+Cleanup Program. 3
5055
51-– 2 –
56+ (g) (1) “Eligible property” means property that is contaminated or perceived to 4
57+be contaminated. 5
5258
53- (3) (i) “Eligible property” includes a site under active enforcement if:
59+ (2) “Eligible property” does not include property that is: 6
5460
55- 1. All applications filed in connection with the property are
56-filed by inculpable persons; and
61+ (i) On the national priorities list under § 105 of the federal act; 7
5762
58- 2. Any response action plan and cleanup criteria approved by
59-the Department under this subtitle is at least as protective of public health and the
60-environment as the requirements of any outstanding active enforcement action.
63+ (ii) Except as provided in paragraph (3)(i) of this subsection, under 8
64+active enforcement; or 9
6165
62- (ii) “Eligible property” includes sites listed on the Superfund
63-Enterprise Management System or the Comprehensive Environmen tal Response,
64-Compensation, and Liability Information System.
66+ (iii) Subject to a controlled hazardous substances permit issued in 10
67+accordance with this title. 11
6568
66- (h) “Federal act” has the meaning stated in § 7–201(j) of this title.
69+ (3) (i) “Eligible property” includes a site under active enforcement if: 12
6770
68- (j) (1) “Inculpable person” means a person who:
71+ 1. All applications filed in connection with the property are 13
72+filed by inculpable persons; and 14
6973
70- (i) Has no prior or current ownership interest in an eligible property
71-at the time of application to participate in the Voluntary Cleanup Program; and
74+ 2. Any response action plan and cleanup criteria approved by 15
75+the Department under this subtitle is at least as protective of public health and the 16
76+environment as the requirements of any outstanding active enforcement action. 17
7277
73- (ii) Has not caused or contributed to contamination at the eligible
74-property at the time of application to participate in the Voluntary Cleanup Program.
78+ (ii) “Eligible property” includes sites listed on the Superfund 18
79+Enterprise Management System or the Comprehensive Environmental Response, 19
80+Compensation, and Liability Information System. 20
7581
76- (2) “Inculpable person” includes:
82+ (h) “Federal act” has the meaning stated in § 7–201(j) of this title. 21
7783
78- (i) A successor in interest in an eligible property acquired from an
79-inculpable person, as defined in paragraph (1) of this subsection, if the successor in interest
80-does not have a prior ownership interest in the eligible property and, other than by virtue
81-of ownership of the eligible property, is not otherwise a responsible person at the eligible
82-property; and
84+ (j) (1) “Inculpable person” means a person who: 22
8385
84- (ii) Notwithstanding paragraph (1)(i) of this subsection, a person
85-who is not considered a responsible person under § 7–201(t)(2) of this title.
86+ (i) Has no prior or current ownership interest in an eligible property 23
87+at the time of application to participate in the Voluntary Cleanup Program; and 24
8688
87- (k) “Participant” means an applicant accepted into the Voluntary Cleanup
88-Program.
89+ (ii) Has not caused or contributed to contamination at the eligible 25
90+property at the time of application to participate in the Voluntary Cleanup Program. 26
8991
90- (n) “Responsible person” has the meaning stated in § 7–201(t) of this title.
92+ (2) “Inculpable person” includes: 27
9193
92-7–506.
94+ (i) A successor in interest in an eligible property acquired from an 28
95+inculpable person, as defined in paragraph (1) of this subsection, if the successor in interest 29
96+does not have a prior ownership interest in the eligible property and, other than by virtue 30 SENATE BILL 718 3
9397
94- (e) (1) (i) The Department shall notify the applicant in writing, within [45]
95-60 days after receipt of the application, whether:
96- WES MOORE, Governor Ch. 65
9798
98-– 3 –
99- 1. The application, including the applicant’s status as a
100-responsible person or an inculpable person, is approved;
99+of ownership of the eligible property, is not otherwise a responsible person at the eligible 1
100+property; and 2
101101
102- 2. The application is denied or incomplete; or
102+ (ii) Notwithstanding paragraph (1)(i) of this subsection, a person 3
103+who is not considered a responsible person under § 7–201(t)(2) of this title. 4
103104
104- 3. The Department has no further requirements related to
105-the investigation of controlled hazardous substances at the eligible property as provided in
106-paragraph (3) of this subsection.
105+ (k) “Participant” means an applicant accepted into the Voluntary Cleanup 5
106+Program. 6
107107
108- (ii) If the Department denies the application or determines that the
109-application is incomplete, the Department shall provide to the applicant the reasons for its
110-decision in writing.
108+ (n) “Responsible person” has the meaning stated in § 7–201(t) of this title. 7
111109
112- (i) (1) If a determination by the Department that it has no further
113-requirements is conditioned on certain uses of the property or on the maintenance of certain
114-conditions, the participant shall record the determination PROVIDE WRITTEN EVID ENCE
115-TO THE DEPARTMENT THAT THE D ETERMINATION WAS PRE SENTED FOR
116-RECORDATION in the land records of the local jurisdiction within [30] 60 days after
117-receiving the determination.
110+7–506. 8
118111
119-7–513.
112+ (e) (1) (i) The Department shall notify the applicant in writing, within [45] 9
113+60 days after receipt of the application, whether: 10
120114
121- (a) (1) Upon completion of the requirements of the response action plan, the
122-participant shall notify the Department in writing that the response action plan has been
123-completed.
115+ 1. The application, including the applicant’s status as a 11
116+responsible person or an inculpable person, is approved; 12
124117
125- (2) Within [30] 60 days after receipt of the notice of completion under
126-paragraph (1) of this subsection:
118+ 2. The application is denied or incomplete; or 13
127119
128- (i) The Department shall review the implementation and
129-completion of the response action plan at the eligible property; and
120+ 3. The Department has no further requirements related to 14
121+the investigation of controlled hazardous substances at the eligible property as provided in 15
122+paragraph (3) of this subsection. 16
130123
131- (ii) If the Department determines that the requirements of the
132-response action plan have been completed to the satisfaction of the Department and the
133-response action plan has achieved the cleanup criteria, the Department shall issue a
134-certificate of completion.
124+ (ii) If the Department denies the application or determines that the 17
125+application is incomplete, the Department shall provide to the applicant the reasons for its 18
126+decision in writing. 19
135127
136-7–514.
128+ (i) (1) If a determination by the Department th at it has no further 20
129+requirements is conditioned on certain uses of the property or on the maintenance of certain 21
130+conditions, the participant shall record the determination PROVIDE WRITTEN EVID ENCE 22
131+TO THE DEPARTMENT THAT THE D ETERMINATION WAS PRE SENTED FOR 23
132+RECORDATION in the land records of the local jurisdiction within [30] 60 days after 24
133+receiving the determination. 25
137134
138- (d) (1) If a certificate of completion is conditioned on the permissible use of the
139-property, the participant shall record the certificate of completion PROVIDE WRITTEN
140-EVIDENCE TO THE DEPARTMENT THAT THE C ERTIFICATE OF COMPLE TION WAS
141-PRESENTED FOR RECORD ATION in the land records of the local jurisdiction within [30]
142-60 days after receiving the certificate.
143- Ch. 65 2023 LAWS OF MARYLAND
135+7–513. 26
144136
145-– 4 –
146- (2) If the certificate of completion has a conditioned use and the participant
147-fails to record the certificate of completion in the land records in accordance with paragraph
148-(1) of this subsection, the certificate of completion shall be void.
137+ (a) (1) Upon completion of the requirements of the response action plan, the 27
138+participant shall notify the Department in writing that the response action plan has been 28
139+completed. 29
149140
150- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
151-October 1, 2023.
141+ (2) Within [30] 60 days after receipt of the notice of completion under 30
142+paragraph (1) of this subsection: 31
143+ 4 SENATE BILL 718
152144
153-Approved by the Governor, April 11, 2023.
145+
146+ (i) The Department shall review the implementation and 1
147+completion of the response action plan at the eligible property; and 2
148+
149+ (ii) If the Department determines that the requirements of the 3
150+response action plan have been completed to the satisfaction of the Department and the 4
151+response action plan has achieved the cleanup criteria, the Department shall issue a 5
152+certificate of completion. 6
153+
154+7–514. 7
155+
156+ (d) (1) If a certificate of completion is conditioned on the permissible use of the 8
157+property, the participant shall record the certificate of completion PROVIDE WRITTEN 9
158+EVIDENCE TO THE DEPARTMENT THAT THE CERTIFICATE OF COMPL ETION WAS 10
159+PRESENTED FOR RECORD ATION in the land records of the local jurisdiction within [30] 11
160+60 days after receiving the certificate. 12
161+
162+ (2) If the certificate of completion has a conditioned use and the participant 13
163+fails to record the certificate of completion in the land records in accordance with paragraph 14
164+(1) of this subsection, the certificate of completion shall be void. 15
165+
166+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
167+October 1, 2023. 17
168+
169+
170+
171+
172+Approved:
173+________________________________________________________________________________
174+ Governor.
175+________________________________________________________________________________
176+ President of the Senate.
177+________________________________________________________________________________
178+ Speaker of the House of Delegates.