EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1101*
HOUSE BILL 1101
M3, M1 4lr1884
CF SB 653
By: Delegates Love, Charkoudian, Foley, Fraser –Hidalgo, J. Long, Ruth, and
Stewart
Introduced and read first time: February 7, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 8, 2024
CHAPTER ______
AN ACT concerning 1
Standing – Environmental and Natural Resources Protection Proceedings 2
(Clean Water Justice Act of 2024) 3
FOR the purpose of providing certain persons and associations standing in certain 4
environmental and natural resources protection proceedings, including proceedings 5
arising under provisions of law relating to water quality and water resources 6
protection, subject to certain conditions; authorizing certain persons that meet 7
certain standing requirements to bring certain civil actions under certain 8
circumstances; requiring a plaintiff, under certain circumstances, to give certain 9
notice and provide certain documentation to the Department of the Environment and 10
the Attorney General in a certain manner and to file a certain affidavit; authorizing 11
a court to grant certain relief, award certain costs of litigation, and impose certain 12
civil penalties in certain civil actions under certain circumstances; authorizing 13
certain persons that meet certain standing requirements to intervene in certain 14
proceedings under certain circumstances; and generally relating to standing in 15
certain environmental and natural resources protection proceedings. 16
BY adding to 17
Article – Environment 18
Section 1–901 through 1–905 1–904 to be under the new subtitle “Subtitle 9. Clean 19
Water Justice Act” 20
Annotated Code of Maryland 21
(2013 Replacement Volume and 2023 Supplement) 22
2 HOUSE BILL 1101
BY repealing 1
Article – Environment 2
Section 9–344.1 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Environment 8
SUBTITLE 9. CLEAN WATER JUSTICE ACT. 9
1–901. 10
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(B) “ASSOCIATION” MEANS AN ASSOCIATION , A CORPORATION , OR ANY 13
OTHER ORGANIZATION T HAT CONSISTS OF TWO OR M ORE MEMBERS JOINED B Y 14
MUTUAL CONSENT FOR A COMMON PURPOSE . 15
(C) (B) “COSTS OF LITIGATION ” INCLUDES REASONABLE ATTORNEY’S 16
FEES, COURT COSTS , AND EXPERT WITNESS FEES , AND DOCUMENTED COSTS 17
INCURRED IN INVESTIGATING ALLEGE D VIOLATIONS. 18
(D) (1) “INJURY IN FACT ” MEANS AN INVASION OF A LEGALLY 19
PROTECTED INTEREST T HAT IS: 20
(I) CONCRETE AND PARTICUL ARIZED; 21
(II) ACTUAL OR IMMINENT ; AND 22
(III) NOT CONJECTURAL OR HY POTHETICAL. 23
(2) “INJURY IN FACT” INCLUDES: 24
(I) A PROPERTY RIGHT OR PERSONAL INTEREST THAT IS 25
DISTINCT FROM , OR SPECIFICALLY AFFE CTED IN A WAY THAT I S DISTINCT FROM , A 26
PROPERTY RIGHT OR PE RSONAL INTEREST OF T HE GENERAL PUBLIC ; AND 27
(II) A NEGATIVE IMPACT , OR THE THREAT OF A N EGATIVE 28
IMPACT, TO A PERSON’S HEALTH OR TO THE USE AND ENJOYMEN T OF A NATURAL 29
RESOURCE OR ENVIRONM ENT, INCLUDING A NEGATIVE IMPACT TO AESTHETIC , 30 HOUSE BILL 1101 3
RECREATIONAL , CONSERVATIONAL , AND ECONOMIC INTERES TS THAT MAY BE 1
SHARED AMONG COMMUNI TY MEMBERS. 2
(C) “EPHEMERAL STREAM ” MEANS A BODY OF WATE R WITH: 3
(1) A STREAM BED LOCATED A BOVE THE WATER TABLE YEAR–ROUND; 4
(2) A STREAM FLOW PRIMARIL Y SOURCED FROM RAINF ALL RUNOFF; 5
AND 6
(3) FLOWING WATER ONLY DU RING, AND FOR A SHORT DURA TION 7
AFTER, PRECIPITATION EVENTS IN A TYPICAL YEAR. 8
(D) “INTERMITTENT STREA M” MEANS A BODY OF WATE R WITH: 9
(1) FLOWING WATER DURING CERTAIN TIMES OF THE YEAR, WHEN 10
GROUNDWATER PROVIDES WATER FOR STREAM FLO W; AND 11
(2) A STREAM FLOW SUPPLEME NTED BY RUNOFF FROM RAINFALL. 12
(E) “POLITICAL SUBDIVISION ” MEANS: 13
(1) A COUNTY; 14
(2) THE CITY OF BALTIMORE; 15
(3) A MULTICOUNTY AGENCY ; 16
(4) A MUNICIPAL CORPORATIO N; 17
(5) A SINGLE–PURPOSE DISTRICT ; OR 18
(6) A SOIL CONSERVATION OR SANITARY DISTRICT . 19
(F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY , 20
APPOINTED BY THE GOVERNOR. 21
(G) (F) “STANDARD” MEANS ANY REQUIREMEN T, PROHIBITION, 22
LIMITATION, OR CONDITION ESTABLI SHED BY STATUTE , REGULATION , PERMIT, 23
ORDER, OR LICENSE ISSUED BY A SECRETARY THE SECRETARY OR ANY OTHER 24
OFFICE OR AGENCY OF THE STATE, A LOCAL GOVERNMENT , OR A POLITICAL 25
SUBDIVISION IN ACCORDANCE WITH : 26
(1) TITLE 4, TITLE 5, SUBTITLE 9 OF THIS ARTICLE , IF THE 27
REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO 28 4 HOUSE BILL 1101
NONTIDAL WETLANDS TH AT DO NOT HAVE A CON TINUOUS SURFACE CONN ECTION TO 1
SURFACE WATER ; OR 2
(2) TITLE 9, SUBTITLE 3 OR TITLE 16 OF THIS ARTICLE , IF THE 3
REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS HYDR OLOGICALLY 4
CONNECTED TO : 5
(I) AN EPHEMERAL STREAM ; OR 6
(II) AN INTERMITTENT STREA M. 7
1–902. 8
(A) (1) SUBJECT TO PARAGRAPH (2) OF EXCEPT AS PROVIDED IN THIS 9
SUBSECTION SUBTITLE, A PERSON THAT MEETS THE THRES HOLD STANDING 10
REQUIREMENTS UNDER F EDERAL LAW HAS STANDING IN CIVIL CLAIMS ARISING 11
UNDER ANY STANDARD TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR 12
TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE 13
NATURAL RESOURCES ARTICLE IF THE PERSON SUFFERS AN INJURY IN FACT THAT : 14
(I) IS FAIRLY TRACEABLE T O THE CHALLENGED ACT ION OR 15
CONDUCT OF THE DEFEN DANT; AND 16
(II) IS LIKELY TO BE REDRE SSED BY THE REQUESTED RELIEF 17
OR A FAVORABLE JUDIC IAL DECISION. 18
(2) AN INTEREST OR INJURY ASSERTED UNDER THIS SECTION SHALL 19
FALL WITHIN THE ZONE OF INTERESTS SOUGHT TO BE PROTECTED BY TITLE 4, 20
TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE AND TITLE 1, SUBTITLE 3, TITLE 21
5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. 22
(B) IN ADDITION TO SUBSEC TION (A) OF THIS SECTION , AN ASSOCIATION 23
HAS STANDING IN CLAI MS ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 24
OF THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, 25
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE IF: 26
(1) ONE OR MORE MEMBERS O F THE ASSOCIATION HA VE STANDING 27
UNDER SUBSECTION (A) OF THIS SECTION; 28
(2) THE INTERESTS THAT TH E ASSOCIATION SEEKS TO PROTECT ARE 29
GERMANE TO ITS PURPO SES; AND 30
(3) NEITHER THE CLAIM ASS ERTED NOR THE RELIEF REQUESTED 31
REQUIRES THE PARTICI PATION OF THE MEMBER . 32 HOUSE BILL 1101 5
1–903. 1
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT HAS 2
STANDING UNDER § 1–902 OF THIS SUBTITLE MAY BRING A CIVIL ACTION ON THE 3
PERSON’S OWN BEHALF AGAINST ANY PERSON OR GOVERNMENTAL ENTI TY THAT IS 4
ALLEGED TO HAVE VIOLATED OR TO BE IN VIOLATION OF A NY STANDARD. 5
(B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN ACTION 6
MAY NOT BE BROUGHT UNDER SUB SECTION (A) OF THIS SECTION AT LEAST 60 DAYS 7
AFTER THE PLAINTIFF HAS GIVEN UNLESS THE PLAINTIFF HAS FIRST BEEN GIVEN 8
60 DAYS NOTICE OF THE ALLEGE D VIOLATION. 9
(2) NOTICE UNDER THIS SUB SECTION SHALL BE : 10
(I) 1. BY CERTIFIED MAIL; OR 11
2. PERSONAL SERVICE ; AND 12
(II) PROVIDED TO: 13
1. THE APPROPRIATE SECRETAR Y SECRETARY; 14
2. THE ATTORNEY GENERAL; 15
3. ANY LOCAL JURISDICTIO N IN WHICH THE ALLEGED 16
VIOLATION HAS OCCURRED IS ALLEGED TO OCCUR ; AND 17
4. AN ALLEGED VIOLATOR O F THE STANDARD . 18
(3) (I) AN ACTION MAY NOT BE BROUGHT UNDER SUBSEC TION (A) 19
OF THIS SECTION IF T HE SECRETARY SECRETARY HAS COMMENCED AND IS 20
DILIGENTLY PROSECUTI NG A CIVIL OR CRIMINAL ACTION IN A COURT OF THE STATE 21
OR A CONSENT ORDER I S ENTERED TO REQUIRE COMPLIANC E FROM THE ALLEGED 22
VIOLATOR WITHOUT UNDUE DELAY OR UNREASONABLE SCHEDUL ES FOR 23
RETURNING TO COMPLIA NCE. 24
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 25
PARAGRAPH , A PERSON THAT HAS STANDING UNDER § 1–902 OF THIS SUBTITLE 26
MEETS THE THRESHOLD STANDING REQUIREMENT S UNDER FEDERAL LAW MAY 27
INTERVENE IN THE A CIVIL ACTION BROUGHT BY TH E SECRETARY SECRETARY 28
UNDER: 29
1. TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR 30 6 HOUSE BILL 1101
2. TITLE 9, SUBTITLE 3 OF THIS ARTICLE. 1
(4) NOTICE UNDER THIS SUB SECTION SHALL IDENTI FY: 2
(I) A STANDARD VIOLATED ; 3
(II) AN ACTIVITY CONSTITUT ING THE VIOLATION ; 4
(III) A PERSON SUSPECTED OF BEING RESPONSIBLE FOR THE 5
VIOLATION; 6
(IV) THE LOCATION OF THE V IOLATION; 7
(V) THE DATES OF VIOLATIO NS IF KNOWN; AND 8
(VI) THE NAME AND ADDRESS OF THE PERSON GIVING NOTICE. 9
(C) AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION SHALL BE 10
BROUGHT IN ANY CIRCUIT COURT OF A C OUNTY WHERE THE ALLEGED CONDITION, 11
ACTIVITY, OR FAILURE IS OCCURRING, HAS OCCURRED , OR IS LIKELY TO OCCU R IS 12
ALLEGED TO BE A VIOL ATION OF A STANDARD . 13
(D) BEFORE THE ENTERING O F ANY CONSENT JUDGME NT TO WHICH THE 14
DEPARTMENT IS NOT A PARTY OR BEFORE THE DISMISSAL OF ANY CAS E FILED IN 15
ACCORDANCE WITH THIS SUBTITLE SUBJECT TO A SETTLEMENT AGREEME NT, THE 16
PLAINTIFF SHALL : 17
(1) GIVE NOTICE AND PROVI DE A COMPLETE AND UN REDACTED COPY 18
OF THE PROPOSED CONS ENT JUDGMENT OR SETT LEMENT AGREEMENT TO THE 19
DEPARTMENT AND THE ATTORNEY GENERAL BY PERSONAL S ERVICE OR CERTIFIED 20
MAIL AT LEAST 45 DAYS BEFORE THE DATE THAT THE PROPOSED CO NSENT 21
JUDGMENT OR SETTLEME NT AGREEMENT IS FILE D WITH THE CO URT; AND 22
(2) FILE AN AFFIDAVIT WIT H THE COURT UNDER PE NALTY OF 23
PERJURY INDICATING C OMPLIANCE WITH THE R EQUIREMENT UNDER ITE M (1) OF 24
THIS SUBSECTION . 25
(E) A COURT MAY: 26
(1) ORDER THE ENFORCEMENT OF A STANDARD CHALLENGED 27
UNDER THIS SECTION ;; AND 28
(2) GRANT: 29
HOUSE BILL 1101 7
(I) TEMPORARY OR PERMANEN T EQUITABLE RELIEF ; OR 1
(II) ANY EXCEPT AS OTHERWISE P ROVIDED BY THIS SUBT ITLE, 2
ANY OTHER RELIEF PROVIDE D UNDER A STATUTE CHALLENGED UNDER THI S 3
SECTION STANDARD; AND 4
(3) IMPOSE CONDITIONS ON A DEFENDANT TO REQUI RE THE 5
PROTECTION OF LAND , AIR, WATER, AND OTHER NATURAL RE SOURCES OR PUBLIC 6
HEALTH FROM POLLUTIO N, IMPAIRMENT, OR DESTRUCTION . 7
(E) (1) (F) IN AN ACTION UNDER TH IS SECTION, THE COURT MAY 8
AWARD THE COSTS OF L ITIGATION TO: 9
(I) (1) A PREVAILING PLAINTIFF; OR 10
(II) (2) A SUBSTANTIALLY PREVAI LING PLAINTIFF; OR 11
(3) A SUBSTANTIALLY PREVAI LING DEFENDANT IF TH E PLAINTIFF’S 12
CLAIM WAS FRIVOLOUS , UNREASONABLE , OR GROUNDLESS . IF THE PLAINTIFF HAS: 13
1. PARTICIPATED IN AN AC TION TO ENFORCE A 14
VIOLATION FOLLOWING THE ISSUANCE OF NOTI CE UNDER SUBSECTION (B) OF THIS 15
SECTION; AND 16
2. A. SUCCESSFULLY ESTABLIS HED THE LIABILITY 17
OF A DEFENDANT IN FE WER THAN ALL OF THE ASSERTED CLAIMS ; OR 18
B. OTHERWISE ADVANCED TH E PURPOSE OF THE 19
RELEVANT STATUTES THROUGH THE OUTCOME OF THE ACTIO N BY IMPROVING 20
ENVIRONMENTAL QUALIT Y, PROTECTING PUBLIC HE ALTH, OR REDUCING 21
POLLUTION. 22
(2) IF A PARTY TO AN ACTI ON UNDER THIS SECTIO N ACTS IN BAD 23
FAITH OR WITHOUT SUB STANTIAL JUSTIFICATI ON IN MAINTAINING OR DEFENDING 24
THE ACTION, THE COURT MAY AWARD TO THE ADVERSE PARTY THE COSTS OF 25
LITIGATION. 26
(F) (G) (1) (I) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 27
SUBSECTION, A COURT MAY IMPOSE A C IVIL PENALTY AUTHORI ZED IN ACCORDANCE 28
WITH THE STATUTE UND ER WHICH AN ACTION IS BROUGHT UN DER THIS SECTION . 29
(II) INSTEAD OF IMPOSING A CIVIL PENALTY UNDER 30
SUBPARAGRAPH (I) OF THIS PARAGRAPH , A A COURT MAY ORDER APPROVE A 31 8 HOUSE BILL 1101
CONSENT JUDGMENT OR SETTLEMENT AGREEMENT BETWEEN THE PARTIES THAT 1
INCLUDES A SUPPLEMENTAL ENVIR ONMENTAL PROJECT. 2
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A A CIVIL 3
PENALTY COLLECTED UN DER THIS SUBSECTION SHALL BE DEPOSITED I N A MANNER 4
SPECIFIED BY THE STA TUTE. 5
(3) IF THE ENFORCEMENT OF A STATUTORY DUTY HAS BEEN 6
DELEGATED TO A LOCAL GOVERNMENT , UP TO 50% OF A CIVIL PENALTY C OLLECTED 7
UNDER THIS SUBSECTIO N MAY BE AWARDED TO THE LOCAL GOVERNMENT THE 8
STATE MAY NOT BE HELD LIABLE FOR CIVIL PEN ALTIES IN ANY ACTION UNDER THIS 9
SUBTITLE. 10
1–904. 11
(A) (1) THIS SECTION DOES NOT APPLY TO § 1–903(B)(3) OF THIS 12
SUBTITLE. 13
(B) A SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON THAT 14
HAS STANDING UNDER § 1–902 OF THIS SUBTITLE MAY HAS THE UNCONDITIONA L 15
RIGHT AND THE AUTHOR ITY TO INTERVENE AS A MATTER OF RIGHT IN AN A CIVIL 16
ACTION ARISING UN DER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE 17
OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE 18
NATURAL RESOURCES ARTICLE, UNLESS A DEFENDANT D EMONSTRATES THAT THE 19
PERSON’S INTEREST IS ADEQUATELY REPRESENT ED BY EXISTING PARTIES ANY 20
STANDARD. 21
(2) A PERSON SHALL EXERCIS E THE RIGHT TO INTER VENE UNDER 22
PARAGRAPH (1) OF THIS SUBSECTION I N ACCORDANCE WITH TH E APPLICABLE 23
PRACTICES, PROCEDURES , AND LAWS IN THE STATE. 24
(3) A PERSON THAT HAS STAN DING TO INTERVENE UN DER § 1–902 OF 25
THIS SUBTITLE HAS TH E SAME RIGHTS AS AN INTERESTED PERSON OR AGGRIEVED 26
PARTY UNDER THE FEDE RAL CLEAN WATER ACT. 27
(C) (B) THE STATE MAY INTERVENE A S A MATTER OF RIGHT AT ANY TIME 28
IN A ANY PROCEEDING BROUGHT U NDER THIS SUBTITLE . 29
(D) NOTWITHSTANDING § 1–903(B)(3) OF THIS SUBTITLE AND SUBSECTION 30
(A) OF THIS SECTION , A COURT MAY GRANT IN TERVENTION ON MOTION BY ANY 31
PARTY. 32
1–905. 33
HOUSE BILL 1101 9
THE PROVISIONS OF THI S SUBTITLE SUPERSEDE ANY INCONSISTENT 1
PROVISION OF ANY STATE, COUNTY, OR MUNICIPAL LAW , ORDINANCE, OR 2
REGULATION AND ANY J UDICIAL INTERPRETATI ON TO THE EXTENT OF THE 3
INCONSISTENCY . 4
[9–344.1. 5
(a) Subject to subsection (b) of this section, a person who meets the threshold 6
standing requirements under the federal Clean Water Act has an unconditional right and 7
the authority to intervene in a civil action that the State initiates in State court to require 8
compliance with: 9
(1) This subtitle; 10
(2) Regulations adopted by the Department in accordance with this 11
subtitle; or 12
(3) Any discharge permit, effluent limitation, or order issued by the 13
Department in accordance with this subtitle. 14
(b) A person shall exercise the right to intervene under subsection (a) of this 15
section in accordance with the applicable practices, procedures, and laws in the State. 16
(c) A person who meets the requirements to intervene under subsection (a) of this 17
section has the same rights as an interested person or aggrieved party under the federal 18
Clean Water Act, including the right to apply for judicial appeal.] 19
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 20
the application thereof to any person or circumstance is held invalid for any reason in a 21
court of competent jurisdiction, the invalidity does not affect other provisions or any other 22
application of this Act that can be given effect without the invalid provision or application, 23
and for this purpose the provisions of this Act are declared severable. 24
SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 25
Assembly that this Act: 26
(1) provide certain remedies to abate the pollution, destruction, or 27
substantial or unreasonable impairment to the public health, water quality, or any other 28
natural resource of the State; 29
(2) may not abridge or alter any right of action or remedies that exist under 30
law; and 31
(3) may not be construed as stopping or limiting the State or any person in 32
the exercise of the right to: 33
10 HOUSE BILL 1101
(i) protect the natural resources of the State; 1
(ii) suppress nuisances; or 2
(iii) abate pollution. 3
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2024. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.