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.
Italics indicate opposite chamber/conference committee amendments.
*hb1101*
HOUSE BILL 1101
M3, M1 (4lr1884)
ENROLLED BILL
— Environment and Transportation/Education, Energy, and the Environment —
Introduced by Delegates Love, Charkoudian, Foley, Fraser–Hidalgo, J. Long, Ruth,
and Stewart
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 1101
proceedings under certain circumstances; and generally relating to standing in 1
certain environmental and natural resources protection proceedings. 2
BY adding to 3
Article – Environment 4
Section 1–901 through 1–905 1–904 to be under the new subtitle “Subtitle 9. Clean 5
Water Justice Act” 6
Annotated Code of Maryland 7
(2013 Replacement Volume and 2023 Supplement) 8
BY repealing 9
Article – Environment 10
Section 9–344.1 11
Annotated Code of Maryland 12
(2014 Replacement Volume and 2023 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Environment 16
SUBTITLE 9. CLEAN WATER JUSTICE ACT. 17
1–901. 18
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(B) “ASSOCIATION” MEANS AN ASSOCIATION , A CORPORATION , OR ANY 21
OTHER ORGANIZATION THAT CO NSISTS OF TWO OR MOR E MEMBERS JOINED BY 22
MUTUAL CONSENT FOR A COMMON PURPOSE . 23
(C) (B) “COSTS OF LITIGATION ” INCLUDES REASONABLE ATTORNEY’S 24
FEES, COURT COSTS , AND EXPERT WITNESS FEES , AND DOCUMENTED COSTS 25
INCURRED IN INVESTIGATING ALLE GED VIOLATIONS . 26
(D) (1) “INJURY IN FACT ” MEANS AN INVASION OF A LEGALLY 27
PROTECTED INTEREST T HAT IS: 28
(I) CONCRETE AND PARTICUL ARIZED; 29
(II) ACTUAL OR IMMINENT ; AND 30
(III) NOT CONJECTURAL OR HY POTHETICAL. 31
HOUSE BILL 1101 3
(2) “INJURY IN FACT” INCLUDES: 1
(I) A PROPERTY RIGHT OR PE RSONAL INTEREST THAT IS 2
DISTINCT FROM , OR SPECIFICALLY AFFE CTED IN A WAY THAT I S DISTINCT FROM , A 3
PROPERTY RIGHT OR PE RSONAL INTEREST OF T HE GENERAL PUBLIC ; AND 4
(II) A NEGATIVE IMPACT , OR THE THREAT OF A N EGATIVE 5
IMPACT, TO A PERSON’S HEALTH OR TO THE U SE AND ENJOYMENT OF A NATURAL 6
RESOURCE OR ENVIRONM ENT, INCLUDING A NEGATIVE IMPACT TO AESTHETIC , 7
RECREATIONAL , CONSERVATIONAL , AND ECONOMIC INTERES TS THAT MAY BE 8
SHARED AMONG COMMUNI TY MEMBERS. 9
(C) “EPHEMERAL STREAM ” MEANS A BODY OF WATER WITH : 10
(1) A STREAM BED LOCATED A BOVE THE WATER TABLE YEAR–ROUND; 11
(2) A STREAM FLOW PRIMARIL Y SOURCED FROM RAINF ALL RUNOFF; 12
AND 13
(3) FLOWING WATER ONLY DU RING, AND FOR A SHORT DURA TION 14
AFTER, PRECIPITATION EVENTS IN A TYPICAL YEAR. 15
(D) “INTERMITTENT STREAM ” MEANS A BODY OF WATE R WITH: 16
(1) FLOWING WATER DURING CERTAIN TIMES OF THE YEAR, WHEN 17
GROUNDWATER PROVIDES WATER FOR STREAM FLO W; AND 18
(2) A STREAM FLOW SUPPLEME NTED BY RUNOFF FROM RAINFALL. 19
(E) “PERSON” MEANS AN INDIVIDUAL , RECEIVER, TRUSTEE, GUARDIAN, 20
PERSONAL REPRESENTAT IVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND AND 21
ANY PARTNERSHIP , FIRM, ASSOCIATION, CORPORATION , OR OTHER 22
NONGOVERNMENTAL ENTI TY. 23
(F) “POLITICAL SUBDIVISION ” MEANS: 24
(1) A COUNTY; 25
(2) THE CITY OF BALTIMORE; 26
(3) A MULTICOUNTY AGENCY ; 27
(4) A MUNICIPAL CORPORATIO N; 28
4 HOUSE BILL 1101
(5) A SINGLE–PURPOSE DISTRICT ; OR 1
(6) A SOIL CONSERVATION OR SANITARY DISTRICT . 2
(F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY , 3
APPOINTED BY THE GOVERNOR. 4
(G) (F) (G) “STANDARD” MEANS ANY REQUIREMEN T, PROHIBITION, 5
LIMITATION, OR CONDITION ESTABLI SHED BY STATUTE , REGULATION , PERMIT, 6
ORDER, OR LICENSE ISSUED BY A SECRETARY THE SECRETARY OR ANY OTHER 7
OFFICE OR AGENCY OF THE STATE, A LOCAL GOVERNMENT , OR A POLITICAL 8
SUBDIVISION IN ACCORDANCE WITH : 9
(1) TITLE 4, TITLE 5, SUBTITLE 9 OF THIS ARTICLE , IF THE 10
REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO 11
NONTIDAL WETLANDS TH AT DO NOT HAVE A CON TINUOUS SURFACE CONN ECTION TO 12
SURFACE WATER ; OR 13
(2) TITLE 9, SUBTITLE 3 OR TITLE 16 OF THIS ARTICLE , IF THE 14
REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS HYDROLOGICALLY 15
CONNECTED RELATED TO: 16
(I) AN EPHEMERAL STREAM ; OR 17
(II) AN INTERMITTENT STREA M. 18
1–902. 19
(A) (1) SUBJECT TO PARAGRAPH (2) OF EXCEPT AS PROVIDED IN THIS 20
SUBSECTION SUBTITLE, A PERSON THAT MEETS THE THRES HOLD STANDING 21
REQUIREMENTS UNDER F EDERAL LAW HAS STANDING IN CIVIL CLAIMS ARISING 22
UNDER ANY STANDARD TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR 23
TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE 24
NATURAL RESOURCES ARTICLE IF THE PERSON SUFFERS AN INJURY IN FACT THAT : 25
(I) IS FAIRLY TRACEABLE T O THE CHALLENGED ACT ION OR 26
CONDUCT OF THE DEFEN DANT; AND 27
(II) IS LIKELY TO BE REDRESS ED BY THE REQUESTED RELIEF 28
OR A FAVORABLE JUDIC IAL DECISION. 29
(2) AN INTEREST OR INJURY ASSERTED UNDER THIS SECTION SHALL 30
FALL WITHIN THE ZONE OF INTERESTS SOUGHT TO BE PROTECTED BY TITLE 4, 31 HOUSE BILL 1101 5
TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE AND TITLE 1, SUBTITLE 3, TITLE 1
5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. 2
(B) IN ADDITION TO SUBSEC TION (A) OF THIS SECTION , AN ASSOCIATION 3
HAS STANDING IN CLAI MS ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 4
OF THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, 5
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE IF: 6
(1) ONE OR MORE MEMBERS O F THE ASSOCIATION HA VE STANDING 7
UNDER SUBSECTION (A) OF THIS SECTION; 8
(2) THE INTERESTS THAT TH E ASSOCIATION SEEKS TO PRO TECT ARE 9
GERMANE TO ITS PURPO SES; AND 10
(3) NEITHER THE CLAIM ASS ERTED NOR THE RELIEF REQUESTED 11
REQUIRES THE PARTICI PATION OF THE MEMBER . 12
1–903. 13
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT HAS 14
STANDING UNDER § 1–902 OF THIS SUBTITLE MAY BRING A CIVIL ACTION ON THE 15
PERSON’S OWN BEHALF AGAINST ANY PERSON OR POLITICAL SUBDIVI SION OR 16
GOVERNMENTAL ENTITY THAT IS ALLEGED TO HAVE VIOLATED OR TO BE IN 17
VIOLATION OF ANY STA NDARD. 18
(B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN ACTION 19
MAY NOT BE BROUGHT UNDER SUB SECTION (A) OF THIS SECTION AT LEAST 60 DAYS 20
AFTER THE PLAINTIFF HAS GIVEN UNLESS THE PLAINTIFF HAS FIRST BEEN GIVEN 21
GIVES 60 DAYS NOTICE OF THE ALLEGE D VIOLATION. 22
(2) NOTICE UNDER THIS SUB SECTION SHALL BE : 23
(I) 1. BY CERTIFIED MAIL; OR 24
2. PERSONAL SERVICE ; AND 25
(II) PROVIDED TO: 26
1. THE APPROPRIATE SECRETAR Y SECRETARY; 27
2. THE ATTORNEY GENERAL; 28
3. ANY LOCAL JURISDICTIO N IN WHICH THE ALLEGED 29
VIOLATION HAS OCCURRED IS ALLEGED TO OCCUR ; AND 30 6 HOUSE BILL 1101
4. AN ALLEGED VIOLATOR O F THE STANDARD . 1
(3) (I) AN ACTION MAY NOT BE BROUGHT UNDER SUBSEC TION (A) 2
OF THIS SECTION IF T HE SECRETARY SECRETARY HAS COMMENCED AND IS 3
DILIGENTLY PROSECUTI NG A CIVIL OR CRIMINAL ACTION IN A COURT OF THE STATE 4
OR A CONSENT ORDER I S ENTERED TO REQUIRE COMPLIANC E FROM THE ALLEGED 5
VIOLATOR WITHOUT UNDUE DELAY OR UNREASONABLE SCHEDUL ES FOR 6
RETURNING TO COMPLIA NCE. 7
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 8
PARAGRAPH , A PERSON THAT HAS STANDING UNDER § 1–902 OF THIS SUBTITLE 9
MEETS THE THRESHOLD STANDING REQUIREMENT S UNDER FEDERAL LAW MAY 10
INTERVENE IN THE A CIVIL ACTION BROUGHT BY TH E SECRETARY SECRETARY 11
UNDER: 12
1. TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR 13
2. TITLE 9, SUBTITLE 3 OF THIS ARTICLE, AS PROVIDED 14
IN § 1–904 OF THIS SUBTITLE. 15
(4) NOTICE UNDER THIS SUB SECTION SHALL IDENTI FY: 16
(I) A STANDARD VIOLATED ; 17
(II) AN ACTIVITY CONSTITUT ING THE VIOLATION ; 18
(III) A PERSON SUSPECTED OF BEING RESPONSIBLE FO R THE 19
VIOLATION; 20
(IV) THE LOCATION OF THE V IOLATION; 21
(V) THE DATES OF VIOLATIO NS IF KNOWN; AND 22
(VI) THE NAME AND ADDRESS OF THE PERSON GIVING NOTICE. 23
(C) AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION SHALL BE 24
BROUGHT IN ANY CIRCU IT COURT OF A COUNTY WHERE THE ALLEGED CONDITION, 25
ACTIVITY, OR FAILURE IS OCCURRING, HAS OCCURRED , OR IS LIKELY TO OCCU R IS 26
ALLEGED TO BE A VIOL ATION OF A STANDARD . 27
(D) BEFORE THE ENTERING OF ANY CONSENT JUDGMENT TO WHICH THE 28
DEPARTMENT IS NOT A P ARTY OR BEFORE THE D ISMISSAL OF ANY CASE FILED IN 29 HOUSE BILL 1101 7
ACCORDANCE WITH THIS SUBTITLE SUBJECT TO A SETTLEMENT AGREEME NT, THE 1
PLAINTIFF SHALL : 2
(1) GIVE NOTICE AND PROVI DE A COMPLETE AND UN REDACTED COPY 3
OF THE PROPOSED CONS ENT JUDGMENT OR SETT LEMENT AGREEMENT TO THE 4
DEPARTMENT AND THE ATTORNEY GENERAL BY PERSONAL S ERVICE OR CERTIFIED 5
MAIL AT LEAST 45 DAYS BEFORE THE DATE THAT THE PROPOSED CO NSENT 6
JUDGMENT OR SETTLEME NT AGREEMENT IS FILE D WITH THE COURT; AND 7
(2) FILE AN AFFIDAVIT WIT H THE COURT UNDER PE NALTY OF 8
PERJURY INDICATING C OMPLIANCE WITH THE R EQUIREMENT UNDER ITE M (1) OF 9
THIS SUBSECTION . 10
(E) A COURT MAY: 11
(1) ORDER THE ENFORCEMENT OF A STANDARD CHALLENGED 12
UNDER THIS SECTION ;; AND 13
(2) GRANT: 14
(I) TEMPORARY OR PERMANEN T EQUITABLE RELIEF ; OR 15
(II) ANY EXCEPT AS OTHERWISE P ROVIDED BY THIS SUBT ITLE, 16
ANY OTHER RELIEF PROVIDE D UNDER A STATUTE CHALLENGED UNDER THI S 17
SECTION STANDARD; AND 18
(3) IMPOSE CONDITIONS ON A DEFENDANT TO REQUIRE THE 19
PROTECTION OF LAND , AIR, WATER, AND OTHER NATURAL RE SOURCES OR PUBLIC 20
HEALTH FROM POLLUTIO N, IMPAIRMENT, OR DESTRUCTION . 21
(E) (1) (F) IN AN ACTION UNDER TH IS SECTION, THE COURT MAY 22
AWARD THE COSTS OF L ITIGATION TO: 23
(I) (1) A PREVAILING PLAINTIFF; OR 24
(II) (2) A SUBSTANTIALLY PREVAI LING PLAINTIFF; OR 25
(3) A SUBSTANTIALLY PREVAI LING DEFENDANT IF TH E PLAINTIFF’S 26
CLAIM WAS FRIVOLOUS , UNREASONABLE , OR GROUNDLESS . IF THE PLAINTIFF HAS: 27
1. PARTICIPATED IN AN AC TION TO ENFORCE A 28
VIOLATION FOLLOWING THE ISSUANCE OF NOTI CE UNDER SUBSECTION (B) OF THIS 29
SECTION; AND 30
8 HOUSE BILL 1101
2. A. SUCCESSFULLY ESTABLIS HED THE LIABILITY 1
OF A DEFENDANT IN FE WER THAN ALL OF THE ASSERTED CLAIMS ; OR 2
B. OTHERWISE ADVANCED TH E PURPOSE OF THE 3
RELEVANT STATUTES THROUGH THE OUTCOME OF THE ACTIO N BY IMPROVING 4
ENVIRONMENTAL QUALIT Y, PROTECTING PUBLIC HE ALTH, OR REDUCING 5
POLLUTION. 6
(2) IF A PARTY TO AN ACTI ON UNDER THIS SECTIO N ACTS IN BAD 7
FAITH OR WITHOUT SUB STANTIAL JUSTIFICATI ON IN MAINTAINING OR DEFENDING 8
THE ACTION, THE COURT MAY AWARD TO THE ADVERSE PARTY THE COSTS OF 9
LITIGATION. 10
(F) (G) (1) (I) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 11
SUBSECTION, A COURT MAY IMPOSE A C IVIL PENALTY AUTHORI ZED IN ACCORDANCE 12
WITH THE STATUTE UND ER WHICH AN ACTIO N IS BROUGHT UNDER T HIS SECTION. 13
(II) INSTEAD OF IMPOSING A CIVIL PENALTY UNDER 14
SUBPARAGRAPH (I) OF THIS PARAGRAPH , A A COURT MAY ORDER APPROVE A 15
CONSENT JUDGMENT OR SETTLEMENT AGREEMENT BETWEEN THE PARTIES THAT 16
INCLUDES A SUPPLEMENTAL ENVIR ONMENTAL PROJECT. 17
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A A CIVIL 18
PENALTY COLLECTED UN DER THIS SUBSECTION SHALL BE DEPOSITED I N A MANNER 19
SPECIFIED BY THE STA TUTE. 20
(3) IF THE ENFORCEMENT OF A STATUTORY DUTY HAS BEEN 21
DELEGATED TO A LOCAL GOVERNMENT , UP TO 50% OF A CIVIL PENALTY C OLLECTED 22
UNDER THIS SUBSECTIO N MAY BE AWARDED TO THE LOCAL GOVERNMENT THE 23
STATE MAY NOT BE HELD LIABLE FOR CIVIL PEN ALTIES IN ANY ACTION UNDER THIS 24
SUBTITLE. 25
1–904. 26
(A) (1) THIS SECTION DOES NOT APPLY TO § 1–903(B)(3) OF THIS 27
SUBTITLE. 28
(B) A SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON THAT 29
HAS STANDING UNDER § 1–902 OF THIS SUBTITLE MEETS THE THRESHOLD 30
STANDING REQUIREMENT S UNDER FEDERAL LAW MAY HAS THE UNCONDITIONA L 31
RIGHT AND THE AUTHOR ITY TO INTERVENE AS A MATTER OF RIGHT IN AN A CIVIL 32
ACTION ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE 33
OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE 34
NATURAL RESOURCES ARTICLE, UNLESS A DEFENDANT D EMONSTRATES THAT THE 35 HOUSE BILL 1101 9
PERSON’S INTEREST IS ADEQUATELY REPRESENT ED BY EXISTING PARTI ES ANY 1
STANDARD BROUGHT BY THE SECRETARY UNDER : 2
(I) TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR 3
(II) TITLE 9, SUBTITLE 3 OF THIS ARTICLE. 4
(2) A PERSON SHALL EXERCIS E THE RIGHT TO INTER VENE UNDER 5
PARAGRAPH (1) OF THIS SUBSECTION I N ACCORDANCE WITH TH E APPLICABLE 6
PRACTICES, PROCEDURES , AND LAWS IN THE STATE. 7
(3) A PERSON THAT HAS STAN DING TO INTERVENE UN DER § 1–902 OF 8
THIS SUBTITLE PARAGRAPH (1) OF THIS SUBSECTION HAS THE SAME RIGHTS AS AN 9
INTERESTED PERSON OR AGGRIEVED PARTY UNDE R THE FEDERAL CLEAN WATER 10
ACT. 11
(C) (B) THE STATE MAY INTERVENE A S A MATTER OF RIGHT AT ANY TIME 12
IN A ANY PROCEEDING BROUGHT U NDER THIS SUBTITLE . 13
(D) NOTWITHSTANDING § 1–903(B)(3) OF THIS SUBTITLE AND SUB SECTION 14
(A) OF THIS SECTION , A COURT MAY GRANT IN TERVENTION ON MOTION BY ANY 15
PARTY. 16
1–905. 17
THE PROVISIONS OF THI S SUBTITLE SUPERSEDE ANY INCONSISTENT 18
PROVISION OF ANY STATE, COUNTY, OR MUNICIPAL LAW , ORDINANCE, OR 19
REGULATION AND ANY JUDICIAL INTERPRETAT ION TO THE EXTENT OF THE 20
INCONSISTENCY . 21
[9–344.1. 22
(a) Subject to subsection (b) of this section, a person who meets the threshold 23
standing requirements under the federal Clean Water Act has an unconditional right and 24
the authority to intervene in a civil action that the State initiates in State court to require 25
compliance with: 26
(1) This subtitle; 27
(2) Regulations adopted by the Department in accordance with this 28
subtitle; or 29
(3) Any discharge permit, effluent limitation, or order issued by the 30
Department in accordance with this subtitle. 31
10 HOUSE BILL 1101
(b) A person shall exercise the right to intervene under subsection (a) of this 1
section in accordance with the applicable practices, procedures, and laws in the State. 2
(c) A person who meets the requirements to intervene under subsection (a) of this 3
section has the same rights as an interested person or aggrieved party under the federal 4
Clean Water Act, including the right to apply for judicial appeal.] 5
SECTION 2. AND BE IT FURTHER ENAC TED, That, if any provision of this Act or 6
the application thereof to any person or circumstance is held invalid for any reason in a 7
court of competent jurisdiction, the invalidity does not affect other provisions or any other 8
application of this Act that can be given effect without the invalid provision or application, 9
and for this purpose the provisions of this Act are declared severable. 10
SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 11
Assembly that this Act: 12
(1) provide certain remedies to abate the pollution, destruction, or 13
substantial or unreasonable impairment to the public health, water quality, or any other 14
natural resource of the State; 15
(2) may not abridge or alter any right of action or remedies that exist under 16
law; and 17
(3) may not be construed as stopping or limiting the State or any person in 18
the exercise of the right to: 19
(i) protect the natural resources of the State; 20
(ii) suppress nuisances; or 21
(iii) abate pollution. 22
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2024. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.