Maryland 2024 Regular Session

Maryland House Bill HB245 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		hb0245
9	6
10	7		HOUSE BILL 245
11	8		M3 4lr0363
12	9		(PRE–FILED) CF 4lr0364
13	10		By: Chair, Environment and Transportation Committee (By Request –
14	11		Departmental – Environment)
15	12		Requested: September 17, 2023
16	13		Introduced and read first time: January 10, 2024
17	14		Assigned to: Environment and Transportation
18		-	Committee Report: Favorable with amendments
19		-	House action: Adopted
20		-	Read second time: February 27, 2024
21	15
22		-	~~CHAPTER ______~~
	16	+	A BILL ENTITLED
23	17
24	18		AN ACT concerning 1
25	19
26	20		Department of the Environment – Fees, Penalties, Funding, and Regulation 2
27	21
28	22		FOR the purpose of altering the authorized uses of the Maryland Clean Air Fund to include 3
29	23		certain activities relating to reducing air pollution in the State; specifying that 4
30	24		money deposited into the Maryland Clean Air Fund may not revert to the General 5
31	25		Fund of the State; altering the maximum amount of a certain air quality control 6
32	26		permit fee; authorizing the Department of the Environment to charge a fee for 7
33	27		processing and issuing on–site sewage disposal permits and individual well 8
34	28		construction permits under certain circumstances and requiring the Department to 9
35	29		establish the fees by regulation; authorizing the Department to establish a certain 10
36	30		fee for the Responsible Personnel Training Program Certification; requiring the 11
37	31		Department to deposit certain fees into the Maryland Clean Water Fund; requiring 12
38	32		a holder of a license to transfer oil into the State to pay a certain fee when oil owned 13
39	33		by the licensee is first transferred into the State; altering the basis for calculating a 14
40	34		certain fee credited to the Maryland Oil Disaster Containment, Clean–Up and 15
41	35		Contingency Fund; repealing the requirement that an applicant for a license to 16
42	36		transfer oil into the State provide certain information to the Department as a 17
43	37		condition precedent to the issuance or renewal of the license; altering certain 18
44	38		application fees under the wetlands and waterways program and requiring the 19
45		-	Department to issue a public notice of the ~~certain~~ adjusted fees in a certain manner; 20
	39	+	Department to issue a public notice of the adjusted fees in a certain manner; 20
46	40		establishing the Private Dam Repair Fund as a special, nonlapsing fund to provide 21
47	41		financial assistance for the repair, upgrade, or removal of private dams; authorizing 22
48		-	the Department to provide loans from the Private Dam Repair Fund to certain dam 23 2 HOUSE BILL 245
	42	+	the Department to provide loans from the Private Dam Repair Fund to certain dam 23
	43	+	owners for certain purposes; requiring the Maryland Water Infrastructure Financing 24
	44	+	Administration to administer loans from the Private Dam Repair Fund in a certain 25
	45	+	manner; requiring interest earnings of the Private Dam Repair Fund to be credited 26
	46	+	to the Fund; requiring certain dam owners to register with the Department; 27
	47	+	requiring the Department to establish and collect certain registration and permit 28
	48	+	fees and deposit the fees into the Private Dam Repair Fund; altering certain 29 2 HOUSE BILL 245
49	49
50	50
51		-	owners for certain purposes; requiring the Maryland Water Infrastructure Financing 1
52		-	Administration to administer loans from the Private Dam Repair Fund in a certain 2
53		-	manner; requiring interest earnings of the Private Dam Repair Fund to be credited 3
54		-	to the Fund; requiring certain dam owners to register with the Department; 4
55		-	requiring the Department to establish and collect certain registration and permit 5
56		-	fees and deposit the fees into the Private Dam Repair Fund; altering certain 6
57		-	penalties and requiring penalties for certain dam safety violations to be deposited 7
58		-	into the Private Dam Repair Fund; altering certain dam safety requirements; 8
59		-	altering the fee required to be paid to the Department for certain affected property 9
60		-	under certain provisions of law requiring the reduction of lead risk in housing; 10
61		-	altering the processing fee required to be submitted to the Department with a report 11
62		-	that a rental dwelling unit is lead free; authorizing the Department to establish a 12
63		-	protocol to stagger registrations of affected property for certain purposes; altering 13
64		-	the fee for the initial application to the Voluntary Cleanup Program; requiring an 14
65		-	applicant to or a participant of the Voluntary Cleanup Program to pay to the 15
66		-	Department certain additional costs under certain circumstances; altering the 16
67		-	factors that the Department is required to consider in establishing a certain fee to 17
68		-	be paid by a certain generator of coal combustion by–products; altering certain 18
69		-	surface mining license and permit fees; and generally relating to fees and penalties 19
70		-	assessed, funding provided, and regulation by the Department of the Environment. 20
	51	+	penalties and requiring penalties for certain dam safety violations to be deposited 1
	52	+	into the Private Dam Repair Fund; altering certain dam safety requirements; 2
	53	+	altering the fee required to be paid to the Department for certain affected property 3
	54	+	under certain provisions of law requiring the reduction of lead risk in housing; 4
	55	+	altering the processing fee required to be submitted to the Department with a report 5
	56	+	that a rental dwelling unit is lead free; authorizing the Department to establish a 6
	57	+	protocol to stagger registrations of affected property for certain purposes; altering 7
	58	+	the fee for the initial application to the Voluntary Cleanup Program; requiring an 8
	59	+	applicant to or a participant of the Voluntary Cleanup Program to pay to the 9
	60	+	Department certain additional costs under certain circumstances; altering the 10
	61	+	factors that the Department is required to consider in establishing a certain fee to 11
	62	+	be paid by a certain generator of coal combustion by–products; altering certain 12
	63	+	surface mining license and permit fees; and generally relating to fees and penalties 13
	64	+	assessed, funding provided, and regulation by the Department of the Environment. 14
71	65
72		-	BY repealing and reenacting, with amendments, 21
	66	+	BY repealing and reenacting, with amendments, 15
	67	+	Article – Environment 16
	68	+	Section 1–301, 2–107, 2–403, 4–104, 4–411(a), (b), (c)(2), (3), and (7), and (h), 5–203.1, 17
	69	+	5–509, 5–514, 6–843, and 7–506(a) 18
	70	+	Annotated Code of Maryland 19
	71	+	(2013 Replacement Volume and 2023 Supplement) 20
	72	+
	73	+	BY repealing 21
73	74		Article – Environment 22
74		-	Section 1–301, 2–107, 2–403, 4–104, 4–411(a), (b), (c)(2), (3), and (7), and (h), 5–203.1, 23
75		-	5–509, 5–514, 6–843, and 7–506(a) 24
76		-	Annotated Code of Maryland 25
77		-	(2013 Replacement Volume and 2023 Supplement) 26
	75	+	Section 4–411(d) 23
	76	+	Annotated Code of Maryland 24
	77	+	(2013 Replacement Volume and 2023 Supplement) 25
78	78
79		-	BY ~~repealing 27~~
80		-	Article – Environment 28
81		-	Section 4–~~411(d) 29~~
82		-	Annotated Code of Maryland 30
83		-	(2013 Replacement Volume and 2023 Supplement) 31
	79	+	BY adding to 26
	80	+	Article – Environment 27
	81	+	Section 5–203.2, 5–509.1, and 5–509.2 28
	82	+	Annotated Code of Maryland 29
	83	+	(2013 Replacement Volume and 2023 Supplement) 30
84	84
85		-	BY ~~adding to 32~~
86		-	Article – Environment 33
87		-	Section 5–~~203.2, 5–509.1,~~ and 5–~~509.2 34~~
88		-	Annotated Code of Maryland 35
89		-	(2013 Replacement Volume and 2023 Supplement) 36
	85	+	BY repealing and reenacting, without amendments, 31
	86	+	Article – Environment 32
	87	+	Section 7–503 and 7–506(b) 33
	88	+	Annotated Code of Maryland 34
	89	+	(2013 Replacement Volume and 2023 Supplement) 35
90	90
91		-	BY repealing and reenacting, ~~without~~ amendments, 37
92		-	Article – Environment 38
93		-	Section 7–~~503~~ and 7–~~506(b) 39~~
94		-	Annotated Code of Maryland 40
95		-	(~~2013~~ Replacement Volume and 2023 Supplement) 41
	91	+	BY repealing and reenacting, with amendments, 36
	92	+	Article – Environment 37
	93	+	Section 9–283, 9–320(b), 9–1606, 15–807, 15–815, and 15–816 38
	94	+	Annotated Code of Maryland 39
	95	+	(2014 Replacement Volume and 2023 Supplement) 40
96	96
97		-	BY repealing and reenacting, ~~with~~ amendments, 42 HOUSE BILL 245 3
	97	+	BY repealing and reenacting, without amendments, 41 HOUSE BILL 245 3
98	98
99	99
100		-	Article – ~~Environment~~ 1
101		-	Section 9–~~283, 9–320~~(b)~~, 9–1606, 15–807, 15–815, and 15–816~~ 2
	100	+	Article – State Finance and Procurement 1
	101	+	Section 6–226(a)(2)(i) 2
102	102		Annotated Code of Maryland 3
103		-	(~~2014~~ Replacement Volume and 2023 Supplement) 4
	103	+	(2021 Replacement Volume and 2023 Supplement) 4
104	104
105		-	BY repealing and reenacting, ~~without~~ amendments, 5
	105	+	BY repealing and reenacting, with amendments, 5
106	106		Article – State Finance and Procurement 6
107		-	Section 6–226(a)(2)(i) 7
	107	+	Section 6–226(a)(2)(ii)189. and 190. 7
108	108		Annotated Code of Maryland 8
109	109		(2021 Replacement Volume and 2023 Supplement) 9
110	110
111		-	BY ~~repealing and reenacting, with amendments,~~ 10
	111	+	BY adding to 10
112	112		Article – State Finance and Procurement 11
113		-	Section 6–226(a)(2)(ii)~~189. and 190~~. 12
	113	+	Section 6–226(a)(2)(ii)191. 12
114	114		Annotated Code of Maryland 13
115	115		(2021 Replacement Volume and 2023 Supplement) 14
116	116
117		-	BY adding to 15
118		-	Article – State Finance and Procurement 16
119		-	Section 6–226(a)(2)(ii)191. 17
120		-	Annotated Code of Maryland 18
121		-	(2021 Replacement Volume and 2023 Supplement) 19
	117	+	BY renumbering 15
	118	+	Article – Environment 16
	119	+	Section 4–411(e) through (g) 17
	120	+	to be Section 4–411(d) through (f), respectively 18
	121	+	Annotated Code of Maryland 19
	122	+	(2013 Replacement Volume and 2023 Supplement) 20
122	123
123		-	BY renumbering 20
124		-	Article – Environment 21
125		-	Section 4–411(e) through (g) 22
126		-	to be Section 4–411(d) through (f), respectively 23
127		-	Annotated Code of Maryland 24
128		-	(2013 Replacement Volume and 2023 Supplement) 25
	124	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
	125	+	That the Laws of Maryland read as follows: 22
129	126
130		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
131		-	That the Laws of Maryland read as follows: 27
	127	+	Article – Environment 23
132	128
133		-	~~Article – Environment 28~~
	129	+	2–107. 24
134	130
135		-	~~2–107~~. 29
	131	+	(a) There is a Maryland Clean Air Fund. 25
136	132
137		-	(a) There is a Maryland Clean Air Fund. 30
	133	+	(b) Except as provided in § 2–1002(g) of this title, all application fees, permit fees, 26
	134	+	renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of 27
	135	+	this article, or received from the Maryland Strategic Energy Investment Fund under § 28
	136	+	9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative 29
	137	+	penalty or any fine imposed by a court under these provisions, shall be paid into the 30
	138	+	Maryland Clean Air Fund. 31
138	139
139		-	(b) Except as provided in § 2–1002(g) of this title, all application fees, permit fees, 31
140		-	renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of 32
141		-	this article, or received from the Maryland Strategic Energy Investment Fund under § 33
142		-	9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative 34
143		-	penalty or any fine imposed by a court under these provisions, shall be paid into the 35
144		-	Maryland Clean Air Fund. 36
	140	+	(c) (1) Subject to the appropriation process in the annual operating budget, 32
	141	+	the Department shall use the Maryland Clean Air Fund for: 33
145	142
146		-	(c) (1) Subject to the appropriation process in the annual operating budget, 37 4 HOUSE BILL 245
	143	+	(i) Activities conducted under this title that are related to 34
	144	+	identifying, monitoring, REDUCING, and regulating air pollution in [this] THE State, 35
	145	+	including program development of these activities as provided in the State budget; and 36
	146	+	4 HOUSE BILL 245
147	147
148	148
149		-	the Department shall use the Maryland Clean Air Fund for: 1
	149	+	(ii) Providing grants to local governments to supplement funding for 1
	150	+	programs conducted by local governments that are consistent with this title and the State 2
	151	+	program. 3
150	152
151		-	(i) ~~Activities conducted under this~~ title ~~that are related to 2~~
152		-	~~identifying~~, ~~monitoring, REDUCING,~~ and ~~regulating air pollution in [this] THE State, 3~~
153		-	~~including program development~~ of ~~these activities as provided~~ in the ~~State budget;~~ ~~and 4~~
	153	+	(2) Subject to Title 10, Subtitle 1 of the State Government Article 4
	154	+	(Administrative Procedure Act – Regulations), the Department shall adopt rules and 5
	155	+	regulations for the management and use of the money in the Fund. 6
154	156
155		-	(ii) Providing grants to local governments to supplement funding for 5
156		-	programs conducted by local governments that are consistent with this title and the State 6
157		-	program. 7
	157	+	(3) At the end of the fiscal year, the Department shall: 7
158	158
159		-	(2) Subject to Title 10, Subtitle 1 of the State Government Article 8
160		-	(Administrative Procedure Act – Regulations), the Department shall adopt rules and 9
161		-	regulations for the management and use of the money in the Fund. 10
	159	+	(i) Prepare an annual report on: 8
162	160
163		-	(3) At the end of the fiscal year, the Department shall: 11
	161	+	1. The Maryland Clean Air Fund that includes an accounting 9
	162	+	of all financial receipts and expenditures to and from the Fund; and 10
164	163
165		-	(i) Prepare an annual report on: 12
	164	+	2. Any relevant information regarding the federal approval 11
	165	+	process, the effectiveness of the permitting program, and any other issues related to the 12
	166	+	operation of the permitting program established under § 2–401 of this title; 13
166	167
167		-	1. The ~~Maryland Clean Air Fund that includes an accounting 13~~
168		-	of ~~all financial receipts and expenditures to and from~~ the ~~Fund~~; and 14
	168	+	(ii) Provide a copy of the report to the General Assembly, as provided 14
	169	+	under § 2–1257 of the State Government Article; and 15
169	170
170		-	2. Any relevant information regarding the federal approval 15
171		-	process, the effectiveness of the permitting program, and any other issues related to the 16
172		-	operation of the permitting program established under § 2–401 of this title; 17
	171	+	(iii) Upon request, make the report available to permit holders under 16
	172	+	this title. 17
173	173
174		-	(ii) Provide a copy of the report to the General Assembly, as provided 18
175		-	under § 2–1257 of the State Government Article; and 19
	174	+	(4) [When the Fund equals or exceeds a maximum limit of $2,000,000, 18
	175	+	additional money received for the Fund by the Department shall be deposited to the 19
	176	+	General Fund] MONEY DEPOSITED INTO THE FUND IS NOT SUBJECT T O § 7–302 OF 20
	177	+	THE STATE FINANCE AND PROCUREMENT ARTICLE AND MAY NOT R EVERT TO THE 21
	178	+	GENERAL FUND OF THE STATE. 22
176	179
177		-	(iii) Upon request, make the report available to permit holders under 20
178		-	this title. 21
	180	+	2–403. 23
179	181
180		-	(4) [When the Fund equals or exceeds a maximum limit of $2,000,000, 22
181		-	additional money received for the Fund by the Department shall be deposited to the 23
182		-	General Fund] MONEY DEPOSITED INTO THE FUND IS NOT SUBJECT T O § 7–302 OF 24
183		-	THE STATE FINANCE AND PROCUREMENT ARTICLE AND MAY NOT R EVERT TO THE 25
184		-	GENERAL FUND OF THE STATE. 26
	182	+	(a) (1) The Department, by regulation, shall require and collect a fee for each 24
	183	+	permit issued under § 2–401 of this subtitle. 25
185	184
186		-	2–403. 27
	185	+	(2) In adopting the regulations under this section, the Department shall 26
	186	+	consult with industry to determine that the permit fee is reasonable and directly related to 27
	187	+	the actual cost of the permitting and regulatory activity, and does not exceed a certain 28
	188	+	dollar amount. 29
187	189
188		-	(a) (1) The Department, by regulation, shall require and collect a fee for each 28
189		-	permit issued under § 2–401 of this subtitle. 29
	190	+	(b) (1) The amount of the fees shall cover: 30
190	191
191		-	(2) In adopting the regulations under this section, the Department shall 30
192		-	consult with industry to determine that the permit fee is reasonable and directly related to 31
193		-	the actual cost of the permitting and regulatory activity, and does not exceed a certain 32
194		-	dollar amount. 33 HOUSE BILL 245 5
	192	+	(i) The reasonable cost of reviewing and acting on the application 31
	193	+	for the permits; 32
	194	+	HOUSE BILL 245 5
	195	+
	196	+
	197	+	(ii) The reasonable costs incurred in implementing and enforcing the 1
	198	+	terms and conditions of the permits, exclusive of any court costs or other costs associated 2
	199	+	with any enforcement actions; and 3
	200	+
	201	+	(iii) The costs identified in § 502(b)(3) of the Clean Air Act 4
	202	+	Amendments of 1990. 5
	203	+
	204	+	(2) Fees assessed and collected under this section shall be used exclusively 6
	205	+	for the development and administration of the permit program under this subtitle. 7
	206	+
	207	+	(c) (1) The fee established under this section may not exceed[: 8
	208	+
	209	+	(i) $50] $200 per ton of regulated emissions[; and 9
	210	+
	211	+	(ii) $500,000 for any single source in calendar years 2008 and 2009]. 10
	212	+
	213	+	(2) For purposes of calculating fees under this section, carbon dioxide 11
	214	+	emissions shall be excluded. 12
	215	+
	216	+	(3) The fee established under this section may be adjusted to reflect 13
	217	+	changes in the Consumer Price Index[, as authorized by 40 C.F.R. Part 70 (Operating 14
	218	+	Permit Program)]. 15
	219	+
	220	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16
	221	+	as follows: 17
	222	+
	223	+	Article – Environment 18
	224	+
	225	+	1–301. 19
	226	+
	227	+	(a) The Secretary shall carry out and enforce the provisions of this article and the 20
	228	+	rules and regulations adopted under this article. 21
	229	+
	230	+	(b) The Secretary may delegate duties, powers, and functions as provided in this 22
	231	+	article to a health officer for a county or to another county official authorized to administer 23
	232	+	and enforce environmental laws. 24
	233	+
	234	+	(c) In those counties where a county official other than the health officer is 25
	235	+	authorized to administer and enforce State environmental laws under this section, the 26
	236	+	county shall establish minimum qualifications for that county official that include 27
	237	+	standards of education and experience related to environmental issues. 28
	238	+
	239	+	(D) (1) THE DEPARTMENT MAY CHARGE A FEE FOR PROCESSING AND 29
	240	+	ISSUING ON –SITE SEWAGE DISPOSAL PERMITS AND INDIVIDU AL WELL 30
	241	+	CONSTRUCTION PERMITS IF: 31
	242	+	6 HOUSE BILL 245
	243	+
	244	+
	245	+	(I) A COUNTY OFFICIAL OR H EALTH OFFICER IS UNW ILLING OR 1
	246	+	THE DEPARTMENT DETERMINES THAT THEY ARE UNABLE TO FULFILL THE 2
	247	+	DELEGATED DUTIES , POWERS, AND FUNC TIONS TO THE SATISFA CTION OF THE 3
	248	+	SECRETARY; AND 4
	249	+
	250	+	(II) THE DEPARTMENT OVERSEES T HE ISSUANCE OF THE 5
	251	+	PERMITS. 6
	252	+
	253	+	(2) THE FEES SHALL BE : 7
	254	+
	255	+	(I) ESTABLISHED BY THE DEPARTMENT IN REGULAT ION; AND 8
	256	+
	257	+	(II) SET AT A RATE THAT PR ODUCES FUNDS APPROXI MATE TO 9
	258	+	THE COST OF ADMINISTERIN G THE PERMIT PROCESS . 10
	259	+
	260	+	(3) THE FEES COLLECTED BY THE DEPARTMENT UNDER THIS 11
	261	+	SUBSECTION SHALL BE DEPOSITED INTO THE MARYLAND CLEAN WATER FUND IN § 12
	262	+	9–320 OF THIS ARTICLE. 13
	263	+
	264	+	[(d)] (E) (1) (i) On or before October 1 of each year, the Secretary, in 14
	265	+	consultation with the Attorney General, shall submit to the Legislative Policy Committee, 15
	266	+	in accordance with § 2–1257 of the State Government Article, a report on enforcement 16
	267	+	activities conducted by the Department during the previous fiscal year. 17
	268	+
	269	+	(ii) The report shall: 18
	270	+
	271	+	1. Include the information required under this subsection 19
	272	+	and any additional information concerning environmental enforcement that the Secretary 20
	273	+	decides to provide; 21
	274	+
	275	+	2. Be available to the public as soon as it is forwarded to the 22
	276	+	Legislative Policy Committee; 23
	277	+
	278	+	3. Include information on the total number of permits and 24
	279	+	licenses issued by or filed with the Department at any time and still in effect as of the last 25
	280	+	date of the fiscal year immediately preceding the date on which the report is filed; 26
	281	+
	282	+	4. Include information concerning specific enforcement 27
	283	+	actions taken with respect to the permits and licenses during the immediately preceding 28
	284	+	fiscal year; and 29
	285	+
	286	+	5. Include information on the type and number of contacts or 30
	287	+	consultations with businesses concerning compliance with State environmental laws. 31
	288	+
	289	+	(iii) The information required in the report under paragraph (3) of 32
	290	+	this subsection shall be organized according to each program specified. 33 HOUSE BILL 245 7
195	291
196	292
197	293
198		-	(b) (1) The amount of the fees shall cover: 1
	294	+	(2) The report shall state the total amount of money as a result of 1
	295	+	enforcement actions, as of the end of the immediately preceding fiscal year: 2
199	296
200		-	(i) The reasonable cost of reviewing and acting on the application 2
201		-	for the permits; 3
	297	+	(i) Deposited in the Maryland Clean Air Fund; 3
202	298
203		-	(ii) The reasonable costs incurred in implementing and enforcing the 4
204		-	terms and conditions of the permits, exclusive of any court costs or other costs associated 5
205		-	with any enforcement actions; and 6
	299	+	(ii) Deposited in the Maryland Oil Disaster Containment, Clean–Up 4
	300	+	and Contingency Fund; 5
206	301
207		-	(iii) The costs identified in § 502(b)(3) of the Clean Air Act 7
208		-	Amendments of 1990. 8
	302	+	(iii) Deposited in the Nontidal Wetland Compensation Fund; 6
209	303
210		-	(2) Fees assessed and collected under this section shall be used exclusively 9
211		-	for the development and administration of the permit program under this subtitle. 10
	304	+	(iv) Deposited in the Maryland Hazardous Substance Control Fund; 7
212	305
213		-	(c) (1) The fee established under this section may not exceed[: 11
	306	+	(v) Recovered by the Department from responsible parties in 8
	307	+	accordance with § 7–221 of this article; and 9
214	308
215		-	(i) ~~$50] $200~~ ~~per ton of regulated emissions[; and 12~~
	309	+	(vi) Deposited in the Maryland Clean Water Fund. 10
216	310
217		-	(ii) $500,000 for any single source in calendar years 2008 and 2009]. 13
	311	+	(3) (i) The report shall include the information specified in 11
	312	+	subparagraphs (ii), (iii), (iv), and (v) of this paragraph for each of the following programs in 12
	313	+	the Department: 13
218	314
219		-	(2~~) For purposes~~ of ~~calculating fees under~~ this ~~section, carbon dioxide~~ 14
220		-	~~emissions shall be excluded.~~ 15
	315	+	1. Ambient air quality control under Title 2, Subtitle 4 of this 14
	316	+	article; 15
221	317
222		-	(3) The fee established under this section may be adjusted to reflect 16
223		-	changes in the Consumer Price Index[, as authorized by 40 C.F.R. Part 70 (Operating 17
224		-	Permit Program)]. 18
	318	+	2. Oil pollution under Title 4, Subtitle 4 of this article; 16
225	319
226		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
227		-	as follows: 20
	320	+	3. Nontidal wetlands under Title 5, Subtitle 9 of this article; 17
228	321
229		-	Article ~~– Environment 21~~
	322	+	4. Asbestos under Title 6, Subtitle 4 of this article; 18
230	323
231		-	~~1–301~~. 22
	324	+	5. Lead paint under Title 6, Subtitle 8 of this article; 19
232	325
233		-	~~(a) The Secretary shall carry out and enforce the provisions of this article and the 23~~
234		-	~~rules and regulations adopted under~~ this article~~. 24~~
	326	+	6. Controlled hazardous substances under Title 7, Subtitle 2 20
	327	+	of this article; 21
235	328
236		-	(b) The Secretary may delegate duties, powers, and functions as provided in this 25
237		-	article to a health officer for a county or to another county official authorized to administer 26
238		-	and enforce environmental laws. 27
	329	+	7. Water supply, sewerage systems, and refuse disposal 22
	330	+	systems under Title 9, Subtitle 2 of this article; 23
239	331
240		-	(c) In those counties where a county official other than the health officer is 28
241		-	authorized to administer and enforce State environmental laws under this section, the 29
242		-	county shall establish minimum qualifications for that county official that include 30 6 HOUSE BILL 245
	332	+	8. Water discharges under Title 9, Subtitle 3 of this article; 24
243	333
	334	+	9. Drinking water under Title 9, Subtitle 4 of this article; and 25
244	335
245		-	~~standards~~ of ~~education and experience related to environmental issues~~. 1
	336	+	10. Wetlands under Title 16, Subtitle 2 of this article. 26
246	337
247		-	(D) (1) THE DEPARTMENT MAY CHARGE A FEE FOR PROCESSING AND 2
248		-	ISSUING ON –SITE SEWAGE DISPOSAL PERMITS AND INDIVIDU AL WELL 3
249		-	CONSTRUCTION PERMITS IN A COUNTY IF: 4
250		-
251		-	(I) A COUNTY OFFICIAL OR H EALTH OFFICER IS UNW ILLING OR 5
252		-	THE DEPARTMENT DETERMINES THAT THEY ARE UNABLE TO FULFILL THE 6
253		-	DELEGATED DUTIES , POWERS, AND FUNCTIONS TO THE SATISFACTION OF THE 7
254		-	SECRETARY; AND 8
255		-
256		-	(II) THE DEPARTMENT OVERSEES T HE ISSUANCE OF 9
257		-
258		-	1. THE DEPARTMENT WITHDRAWS THE AUTHORITY 10
259		-	DELEGATED UNDER THIS SECTION T O PROCESS AND ISSUE ON–SITE SEWAGE 11
260		-	DISPOSAL PERMITS OR INDIVIDUAL WELL CONS TRUCTION PERMITS FRO M A HEALTH 12
261		-	OFFICER FOR THE COUN TY OR ANOTHER COUNTY OFFICIAL AUTHORIZED TO 13
262		-	ADMINISTER AND ENFOR CE ENVIRONMENTAL LAW S; OR 14
263		-
264		-	2. THE HEALTH OFFICER OR COUNTY OF FICIAL 15
265		-	RETURNS THE DELEGATE D AUTHORITY TO THE DEPARTMENT ; AND 16
266		-
267		-	(II) A LICENSED ENVIRONMENT AL HEALTH SPECIALIST 17
268		-	REVIEWS AND APPROVES THE PERMITS. 18
269		-
270		-	(2) (I) THE FEES SHALL BE: 19
271		-
272		-	(I) ESTABLISHED 20
273		-
274		-	1. SHALL BE ESTABLISHED BY THE DEPARTMENT IN 21
275		-	REGULATION ; AND 22
276		-
277		-	(II) SET AT A RATE THAT PR ODUCES FUNDS APPROXI MATE TO 23
278		-	THE COST OF ADMINIST ERING THE PERMIT PRO CESS 24
279		-
280		-	2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 25
281		-	PARAGRAPH , MAY NOT EXCEED $575. 26
282		-
283		-	(II) 1. SUBJECT TO SUBSUBPARAGRAPH 2 OF THIS 27
284		-	SUBPARAGRAPH , THE DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER 28
285		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH IN ACCORDANCE WITH THE PERCENTAGE 29
286		-	INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 30
287		-	WASHINGTON METROPOLITAN AREA DURING THE PREVIO US YEAR. 31
288		-	HOUSE BILL 245 7
289		-
290		-
291		-	2. THE DEPARTMENT MAY NOT AN NUALLY INCREASE 1
292		-	THE FEES UNDER THIS SUBSECTION BY MORE T HAN 3%. 2
293		-
294		-	(3) THE FEES COLLECTED BY THE DEPARTMENT UNDER THIS 3
295		-	SUBSECTION SHALL BE DEPOSITED INTO THE MARYLAND CLEAN WATER FUND IN § 4
296		-	9–320 OF THIS ARTICLE. 5
297		-
298		-	[(d)] (E) (1) (i) On or before October 1 of each year, the Secretary, in 6
299		-	consultation with the Attorney General, shall submit to the Legislative Policy Committee, 7
300		-	in accordance with § 2–1257 of the State Government Article, a report on enforcement 8
301		-	activities conducted by the Department during the previous fiscal year. 9
302		-
303		-	(ii) The report shall: 10
304		-
305		-	1. Include the information required under this subsection 11
306		-	and any additional information concerning environmental enforcement that the Secretary 12
307		-	decides to provide; 13
308		-
309		-	2. Be available to the public as soon as it is forwarded to the 14
310		-	Legislative Policy Committee; 15
311		-
312		-	3. Include information on the total number of permits and 16
313		-	licenses issued by or filed with the Department at any time and still in effect as of the last 17
314		-	date of the fiscal year immediately preceding the date on which the report is filed; 18
315		-
316		-	4. Include information concerning specific enforcement 19
317		-	actions taken with respect to the permits and licenses during the immediately preceding 20
318		-	fiscal year; and 21
319		-
320		-	5. Include information on the type and number of contacts or 22
321		-	consultations with businesses concerning compliance with State environmental laws. 23
322		-
323		-	(iii) The information required in the report under paragraph (3) of 24
324		-	this subsection shall be organized according to each program specified. 25
325		-
326		-	(2) The report shall state the total amount of money as a result of 26
327		-	enforcement actions, as of the end of the immediately preceding fiscal year: 27
328		-
329		-	(i) Deposited in the Maryland Clean Air Fund; 28
330		-
331		-	(ii) Deposited in the Maryland Oil Disaster Containment, Clean–Up 29
332		-	and Contingency Fund; 30
333		-
334		-	(iii) Deposited in the Nontidal Wetland Compensation Fund; 31
335		-
336		-	(iv) Deposited in the Maryland Hazardous Substance Control Fund; 32 8 HOUSE BILL 245
	338	+	(ii) For each of the programs set forth in subparagraph (i) of this 27
	339	+	paragraph, the Department shall provide the total number or amount of: 28 8 HOUSE BILL 245
337	340
338	341
339	342
340		-	~~(v) Recovered by the Department from responsible parties in~~ 1
341		-	~~accordance with § 7–221 of this article;~~ and 2
	343	+	1. Final permits or licenses issued to a person or facility, as 1
	344	+	appropriate, and not surrendered, suspended, or revoked; 2
342	345
343		-	(vi) Deposited in the Maryland Clean Water Fund. 3
	346	+	2. Inspections, audits, or spot checks performed at facilities 3
	347	+	permitted; 4
344	348
345		-	(3) (i) The report shall include the information specified in 4
346		-	subparagraphs (ii), (iii), (iv), and (v) of this paragraph for each of the following programs in 5
347		-	the Department: 6
	349	+	3. Injunctions obtained; 5
348	350
349		-	1. Ambient air quality control under Title 2, Subtitle 4 of this 7
350		-	article; 8
	351	+	4. Show cause, remedial, and corrective action orders issued; 6
351	352
352		-	2. ~~Oil pollution under Title 4, Subtitle 4 of this article~~; 9
	353	+	5. Stop work orders; 7
353	354
354		-	3. ~~Nontidal wetlands under Title 5, Subtitle 9 of this article~~; 10
	355	+	6. Administrative or civil penalties obtained; 8
355	356
356		-	4. Asbestos under Title 6, Subtitle 4 of this article; 11
	357	+	7. Criminal actions charged, convictions obtained, 9
	358	+	imprisonment time ordered, and criminal fines received; and 10
357	359
358		-	5. Lead paint under Title 6, Subtitle 8 of this article; 12
	360	+	8. Any other actions taken by the Department to enforce the 11
	361	+	requirements of the applicable environmental program, including: 12
359	362
360		-	6. ~~Controlled hazardous substances~~ under ~~Title 7, Subtitle 2~~ 13
361		-	of this article; 14
	363	+	A. Notices of the removal or encapsulation of asbestos under 13
	364	+	§ 6–414.1 of this article; and 14
362	365
363		-	7. ~~Water supply,~~ ~~sewerage systems,~~ ~~and refuse disposal~~ 15
364		-	~~systems~~ under ~~Title~~ 9~~, Subtitle 2~~ of this article; 16
	366	+	B. Actions enforcing user charges against industrial users 15
	367	+	under § 9–341 of this article. 16
365	368
366		-	8. Water discharges under Title 9, Subtitle 3 of this article; 17
	369	+	(iii) In addition to the information required in subparagraph (ii) of 17
	370	+	this paragraph, for the Lead Paint Program under Title 6, Subtitle 8 of this article, the 18
	371	+	report shall include the total number or amount of: 19
367	372
368		-	9. ~~Drinking water under Title 9, Subtitle 4 of this article~~; and 18
	373	+	1. Affected properties registered; and 20
369	374
370		-	10. Wetlands under Title 16, Subtitle 2 of this article. 19
	375	+	2. Inspectors or other persons accredited by the Department, 21
	376	+	for whom accreditation has not been surrendered, suspended, or revoked. 22
371	377
372		-	(ii) For each of the programs set forth in subparagraph (i) of this 20
373		-	paragraph, the Department shall provide the total number or amount of: 21
	378	+	(iv) In addition to the information required in subparagraph (ii) of 23
	379	+	this paragraph, for the Controlled Hazardous Substances Program under Title 7, Subtitle 24
	380	+	2 of this article, the report shall include the following lists, updated to reflect the most 25
	381	+	recent information available for the immediately preceding fiscal year: 26
374	382
375		-	1. ~~Final permits or licenses issued to a person or facility, as 22~~
376		-	~~appropriate, and not surrendered,~~ ~~suspended, or revoked~~; 23
	383	+	1. Possible controlled hazardous substance sites compiled in 27
	384	+	accordance with § 7–223(a) of this article; 28
377	385
378		-	2. Inspections, audits, or spot checks performed at facilities 24
379		-	permitted; 25
	386	+	2. Proposed sites listed in accordance with § 7–223(c) of this 29
	387	+	article at which the Department intends to conduct preliminary site assessments; and 30
	388	+	HOUSE BILL 245 9
380	389
381		-	3. Injunctions obtained; 26
382	390
383		-	4. Show cause, remedial, and corrective action orders issued; 27
	391	+	3. Hazardous waste sites in the disposal site registry 1
	392	+	compiled in accordance with § 7–223(f) of this article. 2
384	393
385		-	5. Stop work orders; 28 HOUSE BILL 245 9
	394	+	(v) In addition to the information required in subparagraph (ii) of 3
	395	+	this paragraph, for the Drinking Water Program, the report shall include the total number 4
	396	+	of: 5
	397	+
	398	+	1. Actions to prevent public water system contamination or 6
	399	+	to respond to a Safe Drinking Water Act emergency under §§ 9–405 and 9–406 of this 7
	400	+	article; and 8
	401	+
	402	+	2. Notices given to the public by public water systems under 9
	403	+	§ 9–410 of this article. 10
	404	+
	405	+	4–104. 11
	406	+
	407	+	(a) In this section, “responsible personnel” means any foreman, superintendent, 12
	408	+	or project engineer who is in charge of on–site clearing and grading operations or sediment 13
	409	+	control associated with a construction project. 14
	410	+
	411	+	(b) (1) After July 1, 1983, any applicant for sediment and erosion control plan 15
	412	+	approval shall certify to the appropriate jurisdiction that any responsible personnel 16
	413	+	involved in the construction project will have a certificate of attendance at a Department 17
	414	+	[of the Environment] approved training program for the control of sediment and erosion 18
	415	+	before beginning the project. 19
	416	+
	417	+	(2) A certificate shall be [valid]: 20
	418	+
	419	+	(I) VALID for a 3–year period[. A certificate shall be automatically]; 21
	420	+	AND 22
	421	+
	422	+	(II) AUTOMATICALLY renewed unless the Department [of the 23
	423	+	Environment] notifies the certificate holder that additional training is required. 24
	424	+
	425	+	(c) The appropriate governmental entity authorized to approve grading and 25
	426	+	sediment control plans may waive the requirement of this section for the responsible 26
	427	+	personnel on any project involving four or fewer residential units. 27
	428	+
	429	+	(d) Any person may develop and conduct a training program if the program 28
	430	+	content and instructor are approved by and meet the requirements set by the Department 29
	431	+	[of the Environment]. 30
	432	+
	433	+	(E) (1) THE DEPARTMENT MAY ESTABL ISH BY REGULATION A FEE FOR 31
	434	+	PROCESSING AND ISSUI NG THE CERTIFICATION . 32
	435	+
	436	+	(2) A FEE ESTABLISHED UNDE R THIS SUBSECTION SH ALL BE SET AT 33 10 HOUSE BILL 245
	437	+
	438	+
	439	+	A RATE THAT PRODUCES FUNDS APPROXIMATELY THE SAME AS THE COST OF 1
	440	+	PROCESSING AND ISSUI NG THE CERTIFICATION . 2
	441	+
	442	+	(3) THE DEPARTMENT SHALL DEPO SIT ANY FEE COLLECTE D UNDER 3
	443	+	THIS SUBSECTION INTO THE MARYLAND CLEAN WATER FUND IN § 9–320 OF THIS 4
	444	+	ARTICLE. 5
	445	+
	446	+	4–411. 6
	447	+
	448	+	(a) (1) In this section the following words have the meanings indicated. 7
	449	+
	450	+	(2) “Barrel” means any measure of petroleum products or its by–products 8
	451	+	which consists of 42.0 U.S. gallons of liquid measure. 9
	452	+
	453	+	(3) “Fund” means the Maryland Oil Disaster Containment, Clean–Up and 10
	454	+	Contingency Fund. 11
	455	+
	456	+	(4) “Transfer” means the offloading or onloading of oil [in] INTO the State 12
	457	+	from or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means 13
	458	+	used for transporting oil. 14
	459	+
	460	+	(b) A person other than a vessel or barge may not transfer oil [in] INTO the State 15
	461	+	without a license. 16
	462	+
	463	+	(c) (2) The fee on any barrel TRANSFERRED INTO THE STATE UNDER A 17
	464	+	LICENSE shall be [imposed]: 18
	465	+
	466	+	(I) PAID BY THE LICENSEE THAT OW NS THE OIL WHEN THE OIL 19
	467	+	IS FIRST TRANSFERRED INTO THE STATE; AND 20
	468	+
	469	+	(II) IMPOSED only once, at the point of first transfer [in] INTO the 21
	470	+	State. 22
	471	+
	472	+	(3) The [license] fee UNDER PARAGRAPH (2) OF THIS SUBSECTION shall 23
	473	+	be: 24
	474	+
	475	+	(i) Credited to the Maryland Oil Disaster Containment, Clean–Up 25
	476	+	and Contingency Fund and based on: 26
	477	+
	478	+	1. Before July 1, 2024, a 7.75 cents per barrel fee for oil 27
	479	+	transferred [in] INTO the State; and 28
	480	+
	481	+	2. On or after July 1, 2024, [a 5] AN 8 cents per barrel fee for 29
	482	+	oil transferred [in] INTO the State; and 30
	483	+	HOUSE BILL 245 11
	484	+
	485	+
	486	+	(ii) Until July 1, 2024, based on an additional 0.25 cent per barrel 1
	487	+	fee for oil transferred [in] INTO the State and credited to the Oil Contaminated Site 2
	488	+	Environmental Cleanup Fund as described in Subtitle 7 of this title. 3
	489	+
	490	+	(7) The Department shall [promulgate rules and] ADOPT regulations, 4
	491	+	establish audit procedures for the audit of licensees, and prescribe and publish forms as 5
	492	+	may be necessary to effectuate the purposes of this section. 6
	493	+
	494	+	[(d) As a condition precedent to the issuance or renewal of a license, the 7
	495	+	Department shall require satisfactory evidence that the applicant has implemented or is in 8
	496	+	the process of implementing State and federal plans and regulations to control pollution 9
	497	+	related to oil, petroleum products, and their by–products and the abatement thereof when 10
	498	+	a discharge occurs.] 11
	499	+
	500	+	[(h)] (G) (1) The Department shall provide the standing committees of the 12
	501	+	Maryland General Assembly with primary jurisdiction over this section with a status report 13
	502	+	on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State 14
	503	+	Government Article. 15
	504	+
	505	+	(2) The report shall include an accounting of all money expended for each 16
	506	+	of the purposes specified in subsection [(g)] (F) of this section. 17
	507	+
	508	+	5–203.1. 18
	509	+
	510	+	(a) (1) In this section the following words have the meanings indicated. 19
	511	+
	512	+	(2) (i) “Commercial activity” means a project or activity undertaken for 20
	513	+	consideration, regardless of whether a profit is made. 21
	514	+
	515	+	(ii) “Commercial activity” includes: 22
	516	+
	517	+	1. A subdivision; 23
	518	+
	519	+	2. A development; and 24
	520	+
	521	+	3. Constructing or operating a marina. 25
	522	+
	523	+	(3) “Commercial building” means a building that is used primarily for 26
	524	+	commercial activity. 27
	525	+
	526	+	(4) “Development” means a project for the construction of: 28
	527	+
	528	+	(i) Two or more residential dwelling units; 29
	529	+
	530	+	(ii) A commercial structure; or 30
	531	+	12 HOUSE BILL 245
	532	+
	533	+
	534	+	(iii) An industrial structure. 1
	535	+
	536	+	(5) “Dwelling unit” means a property that contains: 2
	537	+
	538	+	(i) One or more rooms used as a residence; 3
	539	+
	540	+	(ii) Kitchen facilities; and 4
	541	+
	542	+	(iii) Bathroom facilities. 5
	543	+
	544	+	(6) “Major project” means a project that: 6
	545	+
	546	+	(i) Proposes to permanently impact 5,000 square feet or more of 7
	547	+	wetlands or waterways, including the 100–year floodplain; 8
	548	+
	549	+	(ii) Is located in an area identified as potentially impacting a 9
	550	+	nontidal wetland of special State concern by a geographical information system database 10
	551	+	that: 11
	552	+
	553	+	1. Has been developed and maintained by the Department of 12
	554	+	Natural Resources; and 13
	555	+
	556	+	2. Is used by the Department to screen incoming 14
	557	+	applications; or 15
	558	+
	559	+	(iii) Requires the issuance of a public notice by the Department. 16
	560	+
	561	+	(7) “Marina” means a facility for the mooring, docking, or storing of more 17
	562	+	than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or 18
	563	+	community facility. 19
	564	+
	565	+	(8) “Minor project” means a project that: 20
	566	+
	567	+	(i) Proposes to permanently impact less than 5,000 square feet of 21
	568	+	wetlands or waterways, including the 100–year floodplain; and 22
	569	+
	570	+	(ii) Does not meet the definition of a major project. 23
	571	+
	572	+	(9) “Residential activity” means a noncommercial activity that is conducted 24
	573	+	on residential property. 25
	574	+
	575	+	(10) (i) “Residential property” means improved property that is used 26
	576	+	primarily as a residence or unimproved property that is zoned for use as a residence. 27
	577	+
	578	+	(ii) “Residential property” includes: 28
	579	+
	580	+	1. Property owned by a homeowners’ association; and 29 HOUSE BILL 245 13
386	581
387	582
388	583
389		-	6. ~~Administrative or civil penalties obtained;~~ 1
	584	+	2. A condominium. 1
390	585
391		-	7. Criminal actions charged, convictions obtained, 2
392		-	imprisonment time ordered, and criminal fines received; and 3
	586	+	(iii) “Residential property” does not include: 2
393	587
394		-	8. Any other actions taken by the Department to enforce the 4
395		-	requirements of the applicable environmental program, including: 5
	588	+	1. A commercial building; 3
396	589
397		-	A. Notices of the removal or encapsulation of asbestos under 6
398		-	§ 6–414.1 of this article; and 7
	590	+	2. A marina; or 4
399	591
400		-	B. Actions enforcing user charges against industrial users 8
401		-	under § 9–341 of this article. 9
	592	+	3. A residential apartment complex or building. 5
402	593
403		-	(~~iii~~) ~~In addition to~~ the ~~information required in subparagraph (ii)~~ of 10
404		-	~~this paragraph~~, for the ~~Lead Paint Program under Title 6, Subtitle 8 of this article, the 11~~
405		-	~~report shall include the total number~~ or ~~amount of:~~ 12
	594	+	(11) (i) “Subdivision” means the division of a lot, tract, or parcel of land 6
	595	+	into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or 7
	596	+	future purpose of selling or development. 8
406	597
407		-	1. ~~Affected properties registered; and 13~~
	598	+	(ii) “Subdivision” includes resubdivision. 9
408	599
409		-	2. Inspectors or other persons accredited by the Department, 14
410		-	for whom accreditation has not been surrendered, suspended, or revoked. 15
	600	+	(b) (1) Except as provided under paragraphs (2), (3), and (6) of this subsection, 10
	601	+	all applications for wetlands and waterways authorizations issued by the Department 11
	602	+	under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or 12
	603	+	wetlands licenses issued by the Board of Public Works under § 16–202 of this article shall 13
	604	+	be accompanied by an application fee as follows: 14
411	605
412		-	(iv) In addition to the information required in subparagraph (ii) of 16
413		-	this paragraph, for the Controlled Hazardous Substances Program under Title 7, Subtitle 17
414		-	2 of this article, the report shall include the following lists, updated to reflect the most 18
415		-	recent information available for the immediately preceding fiscal year: 19
	606	+	(i) For an application for a minor project or general permit.....[$750] 15
	607	+	$980; 16
416	608
417		-	1. ~~Possible controlled hazardous substance sites compiled in 20~~
418		-	~~accordance with § 7–223(a) of this article~~; 21
	609	+	(ii) For an application for a minor modification…….………..[$250] 17
	610	+	$330; 18
419	611
420		-	2. Proposed ~~sites listed in accordance with § 7–223(c) of this 22~~
421		-	~~article at which the Department intends to conduct preliminary site assessments; and 23~~
	612	+	(iii) For an application for a major project with a proposed permanent 19
	613	+	impact of: 20
422	614
423		-	3. ~~Hazardous waste sites in the disposal site registry 24~~
424		-	~~compiled in accordance with § 7–223(f) of this article. 25~~
	615	+	1. Less than 1/4 acre………… ………………………… [$1,500] 21
	616	+	$1,950; 22
425	617
426		-	(v) In addition to the information required in subparagraph (ii) of 26
427		-	this paragraph, for the Drinking Water Program, the report shall include the total number 27
428		-	of: 28
	618	+	2. At least 1/4 acre, but less than 1/2 acre…..…..[$3,000] 23
	619	+	$3,890; 24
429	620
430		-	1. Actions to prevent public water system contamination or 29
431		-	to respond to a Safe Drinking Water Act emergency under §§ 9–405 and 9–406 of this 30
432		-	article; and 31
	621	+	3. At least 1/2 acre, but less than 3/4 acre……....[$4,500] 25
	622	+	$5,830; 26
433	623
434		-	2. Notices given to the public by public water systems under 32 10 HOUSE BILL 245
	624	+	4. At least 3/4 acre, but less than 1 acre………...[$6,000] 27
	625	+	$7,780; and 28
	626	+
	627	+	5. 1 acre or more…....the impact area in acres multiplied by 29 14 HOUSE BILL 245
435	628
436	629
437		-	§ 9~~–410 of this article.~~ 1
	630	+	[$7,500] $9,720; and 1
438	631
439		-	4–104. 2
	632	+	(iv) For an application for a major modification………… [$1,500] 2
	633	+	$1,950. 3
440	634
441		-	(a) In this section, “responsible personnel” means any foreman, superintendent, 3
442		-	or project engineer who is in charge of on–site clearing and grading operations or sediment 4
443		-	control associated with a construction project. 5
	635	+	(2) The following are exempt from the application fees established under 4
	636	+	paragraph (1) of this subsection: 5
444	637
445		-	(b) (1) After July 1, 1983, any applicant for sediment and erosion control plan 6
446		-	approval shall certify to the appropriate jurisdiction that any responsible personnel 7
447		-	involved in the construction project will have a certificate of attendance at a Department 8
448		-	[of the Environment] approved training program for the control of sediment and erosion 9
449		-	before beginning the project. 10
	638	+	(i) Regulated activities conducted by the State, a municipal 6
	639	+	corporation, county, bicounty or multicounty agency under Division II of the Land Use 7
	640	+	Article or Division II of the Public Utilities Article, or a unit of the State, a municipal 8
	641	+	corporation, or a county; 9
450	642
451		-	(2) A certificate shall be [valid]: 11
	643	+	(ii) Performance of agricultural best management practices 10
	644	+	contained in a soil conservation and water quality plan approved by the appropriate soil 11
	645	+	conservation district; 12
452	646
453		-	(I) ~~VALID for a 3–year period[. A certificate shall be automatically]; 12~~
454		-	AND 13
	647	+	(iii) Performance of forestry best management practices contained in 13
	648	+	an erosion and sediment control plan: 14
455	649
456		-	(II) AUTOMATICALLY renewed unless the Department [of the 14
457		-	Environment] notifies the certificate holder that additional training is required. 15
	650	+	1. Prepared by a registered forester; and 15
458	651
459		-	(c) The appropriate governmental entity authorized to approve grading and 16
460		-	sediment control plans may waive the requirement of this section for the responsible 17
461		-	personnel on any project involving four or fewer residential units. 18
	652	+	2. Approved by the appropriate soil conservation district; 16
462	653
463		-	(d) ~~Any person may develop and conduct a training program if the program 19~~
464		-	~~content and instructor are approved by and meet~~ the ~~requirements set by~~ the ~~Department 20~~
465		-	~~[of the Environment]. 21~~
	654	+	(iv) Stream restoration, vegetative shoreline stabilization, wetland 17
	655	+	creation, or other project in which the primary effect is to enhance the State’s wetland or 18
	656	+	water resources; and 19
466	657
467		-	(E) ~~(1)~~ THE DEPARTMENT ~~MAY ESTABL ISH BY REGULATION A FEE FOR 22~~
468		-	~~PROCESSING AND ISSUI NG~~ THE ~~CERTIFICATION~~ . 23
	658	+	(v) Aquacultural activities for which the Department of Natural 20
	659	+	Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article. 21
469	660
470		-	(2) ~~A FEE ESTABLISHED UNDE R~~ THIS SUBSECTION ~~SH ALL BE SET AT 24~~
471		-	~~A RATE THAT PRODUCES FUNDS APPROXIMATELY~~ THE ~~SAME AS THE COST OF 25~~
472		-	~~PROCESSING~~ AND ~~ISSUING T HE CERTIFICATION . 26~~
	661	+	(3) Except as provided in paragraph (4) of this subsection, the following 22
	662	+	shall be minor projects and subject to the appropriate application fee under paragraph (1)(i) 23
	663	+	and (ii) of this subsection: 24
473	664
474		-	(3) THE DEPARTMENT SHALL DEPO SIT ANY FEE COLLECTE D UNDER 27
475		-	THIS SUBSECTION INTO THE MARYLAND CLEAN WATER FUND IN § 9–320 OF THIS 28
476		-	ARTICLE. 29
	665	+	(i) A residential activity issued a permit under §§ 5–503 and 5–906 25
	666	+	of this title and §§ 16–202, 16–302, and 16–307 of this article; and 26
477	667
478		-	4–411. 30
	668	+	(ii) A mining activity undertaken on affected land as identified in a 27
	669	+	permit issued under Title 15 of this article. 28
479	670
480		-	(a) (1) In this section the following words have the meanings indicated. 31
	671	+	(4) Subject to paragraph (5) of this subsection, an application for the 29
	672	+	following minor projects shall be accompanied by the following application fees: 30
481	673
482		-	(2) “Barrel” means any measure of petroleum products or its by–products 32 HOUSE BILL 245 11
	674	+	(i) Installation of: 31
	675	+
	676	+	1. One boat lift or hoist, not exceeding four boat lifts or hoists 32 HOUSE BILL 245 15
483	677
484	678
485		-	~~which consists of 42.0 U.S. gallons of liquid measure.~~ 1
	679	+	per pier; 1
486	680
487		-	~~(3) “Fund” means the Maryland Oil Disaster Containment~~, ~~Clean–Up and~~ 2
488		-	~~Contingency Fund.~~ 3
	681	+	2. One personal watercraft lift or hoist, not exceeding six 2
	682	+	personal watercraft lifts or hoists per pier; or 3
489	683
490		-	~~(4) “Transfer” means the offloading~~ or ~~onloading of oil [in] INTO the State~~ 4
491		-	~~from~~ or ~~to any commercial vessel~~, ~~barge, tank truck,~~ ~~tank car, pipeline,~~ or ~~any other means~~ 5
492		-	~~used for transporting oil.~~ 6
	684	+	3. A combination of boat lifts or hoists and personal 4
	685	+	watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than 5
	686	+	four lifts or hoists are boat lifts or hoists [$300] $385; 6
493	687
494		-	(b) A person other than a vessel or barge may not transfer oil [in] INTO the State 7
495		-	without a license. 8
496		-
497		-	(c) (2) The fee on any barrel TRANSFERRED INTO THE STATE UNDER A 9
498		-	LICENSE shall be [imposed]: 10
499		-
500		-	(I) PAID BY THE LICENSEE THAT OWNS THE OIL WH EN THE OIL 11
501		-	IS FIRST TRANSFERRED INTO THE STATE; AND 12
502		-
503		-	(II) IMPOSED only once, at the point of first transfer [in] INTO the 13
504		-	State. 14
505		-
506		-	(3) The [license] fee UNDER PARAGRAPH (2) OF THIS SUBSECTION shall 15
507		-	be: 16
508		-
509		-	(i) Credited CREDITED to the Maryland Oil Disaster Containment, 17
510		-	Clean–Up and Contingency Fund and based on: 18
511		-
512		-	1. (I) Before July 1, 2024 2029, a 7.75 9 cents per barrel fee for 19
513		-	oil transferred [in] INTO the State; and 20
514		-
515		-	2. (II) On or after July 1, 2024 2029, [a 5] AN 8 cents per barrel 21
516		-	fee for oil transferred [in] INTO the State; and 22
517		-
518		-	(ii) Until July 1, 2024, based on an additional 0.25 cent per barrel 23
519		-	fee for oil transferred [in] INTO the State and credited to the Oil Contaminated Site 24
520		-	Environmental Cleanup Fund as described in Subtitle 7 of this title. 25
521		-
522		-	(7) The Department shall [promulgate rules and] ADOPT regulations, 26
523		-	establish audit procedures for the audit of licensees, and prescribe and publish forms as 27
524		-	may be necessary to effectuate the purposes of this section. 28
525		-
526		-	[(d) As a condition precedent to the issuance or renewal of a license, the 29
527		-	Department shall require satisfactory evidence that the applicant has implemented or is in 30
528		-	the process of implementing State and federal plans and regulations to control pollution 31
529		-	related to oil, petroleum products, and their by–products and the abatement thereof when 32 12 HOUSE BILL 245
530		-
531		-
532		-	a discharge occurs.] 1
533		-
534		-	[(h)] (G) (1) The Department shall provide the standing committees of the 2
535		-	Maryland General Assembly with primary jurisdiction over this section with a status report 3
536		-	on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State 4
537		-	Government Article. 5
538		-
539		-	(2) The report shall include an accounting of all money expended for each 6
540		-	of the purposes specified in subsection [(g)] (F) of this section. 7
541		-
542		-	5–203.1. 8
543		-
544		-	(a) (1) In this section the following words have the meanings indicated. 9
545		-
546		-	(2) (i) “Commercial activity” means a project or activity undertaken for 10
547		-	consideration, regardless of whether a profit is made. 11
548		-
549		-	(ii) “Commercial activity” includes: 12
550		-
551		-	1. A subdivision; 13
552		-
553		-	2. A development; and 14
554		-
555		-	3. Constructing or operating a marina. 15
556		-
557		-	(3) “Commercial building” means a building that is used primarily for 16
558		-	commercial activity. 17
559		-
560		-	(4) “Development” means a project for the construction of: 18
561		-
562		-	(i) Two or more residential dwelling units; 19
563		-
564		-	(ii) A commercial structure; or 20
565		-
566		-	(iii) An industrial structure. 21
567		-
568		-	(5) “Dwelling unit” means a property that contains: 22
569		-
570		-	(i) One or more rooms used as a residence; 23
571		-
572		-	(ii) Kitchen facilities; and 24
573		-
574		-	(iii) Bathroom facilities. 25
575		-
576		-	(6) “Major project” means a project that: 26
577		-
578		-	(i) Proposes to permanently impact 5,000 square feet or more of 27 HOUSE BILL 245 13
579		-
580		-
581		-	wetlands or waterways, including the 100–year floodplain; 1
582		-
583		-	(ii) Is located in an area identified as potentially impacting a 2
584		-	nontidal wetland of special State concern by a geographical information system database 3
585		-	that: 4
586		-
587		-	1. Has been developed and maintained by the Department of 5
588		-	Natural Resources; and 6
589		-
590		-	2. Is used by the Department to screen incoming 7
591		-	applications; or 8
592		-
593		-	(iii) Requires the issuance of a public notice by the Department. 9
594		-
595		-	(7) “Marina” means a facility for the mooring, docking, or storing of more 10
596		-	than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or 11
597		-	community facility. 12
598		-
599		-	(8) “Minor project” means a project that: 13
600		-
601		-	(i) Proposes to permanently impact less than 5,000 square feet of 14
602		-	wetlands or waterways, including the 100–year floodplain; and 15
603		-
604		-	(ii) Does not meet the definition of a major project. 16
605		-
606		-	(9) “Residential activity” means a noncommercial activity that is conducted 17
607		-	on residential property. 18
608		-
609		-	(10) (i) “Residential property” means improved property that is used 19
610		-	primarily as a residence or unimproved property that is zoned for use as a residence. 20
611		-
612		-	(ii) “Residential property” includes: 21
613		-
614		-	1. Property owned by a homeowners’ association; and 22
615		-
616		-	2. A condominium. 23
617		-
618		-	(iii) “Residential property” does not include: 24
619		-
620		-	1. A commercial building; 25
621		-
622		-	2. A marina; or 26
623		-
624		-	3. A residential apartment complex or building. 27
625		-
626		-	(11) (i) “Subdivision” means the division of a lot, tract, or parcel of land 28
627		-	into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or 29 14 HOUSE BILL 245
628		-
629		-
630		-	future purpose of selling or development. 1
631		-
632		-	(ii) “Subdivision” includes resubdivision. 2
633		-
634		-	(12) “TIER II HIGH QUALITY WATERSHED” MEANS THE LAND AND 3
635		-	WATER AREA WHICH DRA INS TOWARD OR INTO A TIER II HIGH QUALITY WATER AS 4
636		-	DESIGNATED AND IDENT IFIED IN A GEOGRAPHI C INFORMATION SYSTEM BY THE 5
637		-	DEPARTMENT . 6
638		-
639		-	(b) (1) Except as provided under paragraphs (2), (3), and (6), AND (7) of this 7
640		-	subsection, all applications for wetlands and waterways authorizations issued by the 8
641		-	Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of 9
642		-	this article or wetlands licenses issued by the Board of Public Works under § 16–202 of this 10
643		-	article shall be accompanied by an application fee as follows: 11
644		-
645		-	(i) For an application for a minor project or general permit.....[$750] 12
646		-	$980; 13
647		-
648		-	(ii) For an application for a minor modification…….………..[$250] 14
649		-	$330; 15
650		-
651		-	(iii) For an application for a major project with a proposed permanent 16
652		-	impact of: 17
653		-
654		-	1. Less than 1/4 acre………… ………………………… [$1,500] 18
655		-	$1,950; 19
656		-
657		-	2. At least 1/4 acre, but less than 1/2 acre…..…..[$3,000] 20
658		-	$3,890; 21
659		-
660		-	3. At least 1/2 acre, but less than 3/4 acre……....[$4,500] 22
661		-	$5,830; 23
662		-
663		-	4. At least 3/4 acre, but less than 1 acre………...[$6,000] 24
664		-	$7,780; and 25
665		-
666		-	5. 1 acre or more…....the impact area in acres multiplied by 26
667		-	[$7,500] $9,720; and 27
668		-
669		-	(iv) For an application for a major modification………… [$1,500] 28
670		-	$1,950. 29
671		-
672		-	(2) The following are exempt from the application fees established under 30
673		-	paragraph (1) of this subsection: 31
674		-	HOUSE BILL 245 15
675		-
676		-
677		-	(i) Regulated activities conducted by the State, a municipal 1
678		-	corporation, county, bicounty or multicounty agency under Division II of the Land Use 2
679		-	Article or Division II of the Public Utilities Article, or a unit of the State, a municipal 3
680		-	corporation, or a county; 4
681		-
682		-	(ii) Performance of agricultural best management practices 5
683		-	contained in a soil conservation and water quality plan approved by the appropriate soil 6
684		-	conservation district; 7
685		-
686		-	(iii) Performance of forestry best management practices contained in 8
687		-	an erosion and sediment control plan: 9
688		-
689		-	1. Prepared by a registered forester; and 10
690		-
691		-	2. Approved by the appropriate soil conservation district; 11
692		-
693		-	(iv) Stream restoration, vegetative shoreline stabilization, wetland 12
694		-	creation, or other project in which the primary effect is to enhance the State’s wetland or 13
695		-	water resources; and 14
696		-
697		-	(v) Aquacultural activities for which the Department of Natural 15
698		-	Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article. 16
699		-
700		-	(3) Except as provided in paragraph (4) of this subsection, the following 17
701		-	shall be minor projects and subject to the appropriate application fee under paragraph 18
702		-	PARAGRAPHS (1)(i) and (ii) AND (7)(I) of this subsection: 19
703		-
704		-	(i) A residential activity issued a permit under §§ 5–503 and 5–906 20
705		-	of this title and §§ 16–202, 16–302, and 16–307 of this article; and 21
706		-
707		-	(ii) A mining activity undertaken on affected land as identified in a 22
708		-	permit issued under Title 15 of this article. 23
709		-
710		-	(4) Subject to paragraph PARAGRAPHS (5) AND (7) of this subsection, an 24
711		-	application for the following minor projects shall be accompanied by the following 25
712		-	application fees: 26
713		-
714		-	(i) Installation of: 27
715		-
716		-	1. One boat lift or hoist, not exceeding four boat lifts or hoists 28
717		-	per pier; 29
718		-
719		-	2. One personal watercraft lift or hoist, not exceeding six 30
720		-	personal watercraft lifts or hoists per pier; or 31
721		-
722		-	3. A combination of boat lifts or hoists and personal 32
723		-	watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than 33 16 HOUSE BILL 245
724		-
725		-
726		-	four lifts or hoists are boat lifts or hoists [$300] $385; 1
727		-
728		-	(ii) Installation of a maximum of six mooring pilings……….[$300] 2
729		-	$390; 3
730		-
731		-	(iii) In–kind repair and replacement of structures……….…..[$300] 4
732		-	$390; 5
733		-
734		-	(iv) Installation of a fixed or floating platform on an existing pier 6
735		-	where the total platform area does not exceed 200 square feet………………………...…[$300] 7
	688	+	(ii) Installation of a maximum of six mooring pilings……….[$300] 7
736	689		$390; 8
737	690
738		-	(v) Construction of a nonhabitable structure that permanently 9
739		-	impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence.…..[$300] 10
740		-	$390; 11
	691	+	(iii) In–kind repair and replacement of structures……….…..[$300] 9
	692	+	$390; 10
741	693
742		-	(vi) Replacement of an existing bulkhead where the replacement 12
743		-	bulkhead does not exceed more than 18 inches channelward of the existing 13
744		-	structure……………… …………………………………………………………… ………….…[$500] 14
745		-	$650; and 15
	694	+	(iv) Installation of a fixed or floating platform on an existing pier 11
	695	+	where the total platform area does not exceed 200 square feet………………………...…[$300] 12
	696	+	$390; 13
746	697
747		-	(~~vii~~) ~~In–kind repair and replacement~~ of ~~existing 16~~
748		-	~~infrastructure……..……...........................................................................................~~.…...[$~~500~~] 17
749		-	$~~650. 18~~
	698	+	(v) Construction of a nonhabitable structure that permanently 14
	699	+	impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence.…..[$300] 15
	700	+	$390; 16
750	701
751		-	(5) The Department may not require an application fee for: 19
	702	+	(vi) Replacement of an existing bulkhead where the replacement 17
	703	+	bulkhead does not exceed more than 18 inches channelward of the existing 18
	704	+	structure……………… ………………………………………………………………………. …[$500] 19
	705	+	$650; and 20
752	706
753		-	(i) The installation of a boat lift, hoist, or personal watercraft lift on 20
754		-	existing pilings; or 21
	707	+	(vii) In–kind repair and replacement of existing 21
	708	+	infrastructure……..……............................................................................................…...[$500] 22
	709	+	$650. 23
755	710
756		-	(ii) If the existing structure is functional and there is no increase in 22
757		-	the original length, width, height, or channelward encroachment authorized under § 23
758		-	16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or 24
759		-	replacement of: 25
	711	+	(5) The Department may not require an application fee for: 24
760	712
761		-	1. A highway structure; 26
	713	+	(i) The installation of a boat lift, hoist, or personal watercraft lift on 25
	714	+	existing pilings; or 26
762	715
763		-	2. A pier; 27
	716	+	(ii) If the existing structure is functional and there is no increase in 27
	717	+	the original length, width, height, or channelward encroachment authorized under § 28
	718	+	16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or 29
	719	+	replacement of: 30
764	720
765		-	3. A ~~boathouse~~; 28
	721	+	1. A highway structure; 31
766	722
767		-	4. A structure on a pier; 29
768		-
769		-	5. A bulkhead; 30
770		-	HOUSE BILL 245 17
771		-
772		-
773		-	6. A revetment; 1
774		-
775		-	7. A tidal impoundment dike; 2
776		-
777		-	8. A water control structure; 3
778		-
779		-	9. An aboveground transmission facility; 4
780		-
781		-	10. An agricultural drainage ditch; or 5
782		-
783		-	11. A highway drainage ditch. 6
784		-
785		-	(6) The application fee for a structural shoreline stabilization project 7
786		-	located on or adjacent to a State–owned lake may not exceed [$250] $290. 8
787		-
788		-	(7) [The fees imposed under this subsection may not be modified without 9
789		-	legislative enactment. 10
790		-
791		-	(8) (i) Subject to paragraph (7) of this subsection, the] EXCEPT AS 11
792		-	PROVIDED IN PARAGRAP HS (2) AND (5) OF THIS SUBSECTION , ALL APPLICATIONS 12
793		-	FOR WETLANDS AND WAT ERWAYS AUTHORIZATION S ISSUED BY THE DEPARTMENT 13
794		-	FOR ACTIVITIES PROPO SED IN A TIER II HIGH QUALITY WATERSHED SHALL BE 14
795		-	ACCOMPANIED BY AN AD DITIONAL APPLICATION FEE, AS FOLLOWS: 15
796		-
797		-	(I) FOR AN APPLICATION FO R A MINOR PROJECT OR MINOR 16
798		-	MODIFICATION ……………………………………………………………………..$400; AND 17
799		-
800		-	(II) FOR AN APPLICATION FO R A MAJOR PROJECT OR MAJOR 18
801		-	MODIFICATION …………………………………………………………………….…..$1,600. 19
802		-
803		-	(8) (I) THE Department may adjust the fees established under 20
804		-	paragraphs (1), (4), and (6) of this subsection to reflect changes in the consumer price index 21
805		-	for all “urban consumers” for the expenditure category “all items not seasonally adjusted”, 22
806		-	and for all regions. 23
807		-
808		-	(ii) The Annual Consumer Price Index for the period ending each 24
809		-	December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, 25
810		-	shall be used to adjust the fees established under paragraphs (1), (4), and (6), AND (7) of 26
811		-	this subsection. 27
812		-
813		-	(8) (9) THE DEPARTMENT SHALL ISSU E A PUBLIC NOTICE OF THE 28
814		-	ADJUSTED FEES AT LEA ST 90 DAYS BEFORE THE NEW FEE RATES TAKE EFFEC T. 29
815		-
816		-	(c) (1) There is a Wetlands and Waterways Program Fund. 30
817		-	18 HOUSE BILL 245
818		-
819		-
820		-	(2) The Department shall administer the Fund. 1
821		-
822		-	(3) The Treasurer shall hold the Fund separately and the Comptroller shall 2
823		-	account for the Fund. 3
824		-
825		-	(4) The Fund consists of all: 4
826		-
827		-	(i) Application fees collected by the Department under this section; 5
828		-
829		-	(ii) Monetary compensation paid to the State in conjunction with a 6
830		-	wetlands license other than that compensation specified in § 16–205(e)(2) of this article; 7
831		-
832		-	(iii) Money appropriated in the State budget to the Fund; and 8
833		-
834		-	(iv) Investment earnings, interest, and any other money from any 9
835		-	other source accepted for the benefit of the Fund. 10
836		-
837		-	(5) In accordance with subsection (e) of this section, the Department shall 11
838		-	use the Wetlands and Waterways Program Fund for activities related to: 12
839		-
840		-	(i) The issuance of authorizations by the Department under §§ 13
841		-	5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the 14
842		-	issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article; 15
843		-
844		-	(ii) The management, conservation, protection, and preservation of 16
845		-	the State’s wetlands and waterways resources, INCLUDING TIER II HIGH QUALITY 17
846		-	WATERS AND TIER II HIGH QUALITY WATERSHEDS ; and 18
847		-
848		-	(iii) Program development associated with this title and Title 16 of 19
849		-	this article, as provided by the State budget. 20
850		-
851		-	(d) On or before December 31 of each year, in accordance with § 2–1257 of the 21
852		-	State Government Article, the Department shall prepare and submit an annual report to 22
853		-	the House Environment and Transportation Committee, the House Ap propriations 23
854		-	Committee, the Senate COMMITTEE ON Education, [Health, and Environmental Affairs 24
855		-	Committee] ENERGY, AND THE ENVIRONMENT , and the Senate Budget and Taxation 25
856		-	Committee on the Wetlands and Waterways Program Fund, including an accounting of 26
857		-	financial receipts deposited into the Fund and expenditures from the Fund. 27
858		-
859		-	(e) The Department shall: 28
860		-
861		-	(1) Prioritize the use of the Wetlands and Waterways Program Fund to 29
862		-	improve the level of service to the regulated community; 30
863		-
864		-	(2) Identify and implement measures that will reduce delays and 31
865		-	duplication in the administration of the wetlands and waterways permit process, including 32
866		-	the processing of applications for wetlands and waterways permits in accordance with § 33 HOUSE BILL 245 19
867		-
868		-
869		-	1–607 of this article; and 1
870		-
871		-	(3) In conjunction with the Department of Natural Resources, identify up 2
872		-	to three types of structural shoreline stabilization practices that may be implemented on 3
873		-	or adjacent to a State–owned lake. 4
874		-
875		-	5–203.2. 5
876		-
877		-	(A) IN THIS SECTION , “DAM SAFETY PERMIT ” MEANS A PERMIT ISSUED 6
878		-	UNDER § 5–503 OF THIS TITLE FOR TH E CONSTRUCTION , RECONSTRUCTION , 7
879		-	REPAIR, REMOVAL, OR MODIFICATION OF A DAM. 8
880		-
881		-	(B) (1) BY REGULATION , THE DEPARTMENT SHALL ESTA BLISH AND 9
882		-	COLLECT A FEE TO BE PAID PRIOR TO ISSUAN CE OF A DAM SAFETY P ERMIT. 10
883		-
884		-	(2) THE DEPARTMENT SHALL BASE THE FEE ON: 11
885		-
886		-	(I) PROJECT COST; AND 12
887		-
888		-	(II) THE COST TO THE DEPARTMENT FOR ADMINI STERING THE 13
889		-	DAM SAFETY PERMIT . 14
890		-
891		-	(C) THE APPLICATION FOR A NEW DAM, OR THE ENLARGEMENT , REPAIR, 15
892		-	ALTERATION, OR REMOVAL OF AN EXI STING DAM, SHALL INCLUDE THE ESTIMATE D 16
893		-	PROJECT COST . 17
894		-
895		-	(D) PERIODICALLY, THE DEPARTMENT SHALL REVI EW THE FEES AND IF 18
896		-	NEEDED ADJUST THE FE ES TO ENSURE THE AMO UNT COLLECTED COVERS THE 19
897		-	DEPARTMENT ’S COSTS FOR ADMINIST ERING THE DAM SAFETY PERMIT. 20
898		-
899		-	(E) FEES COLLECTED UNDER THIS SECTION SHALL BE PAI D INTO THE 21
900		-	PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS TITLE. 22
901		-
902		-	5–509. 23
903		-
904		-	(a) (1) In this section the following words have the meanings indicated. 24
905		-
906		-	(2) [“Asset owner” means the owner or person having control of a water 25
907		-	infrastructure asset. 26
908		-
909		-	(3)] “Association” means: 27
910		-
911		-	(i) A homeowners association, as defined in § 11B–101 of the Real 28
912		-	Property Article; 29
913		-	20 HOUSE BILL 245
914		-
915		-
916		-	(ii) A council of unit owners, as defined in § 11–101 of the Real 1
917		-	Property Article; or 2
918		-
919		-	(iii) Any other entity owning or controlling a [water infrastructure 3
920		-	asset] DAM, the owners or members of which are owners of property adjacent to or benefited 4
921		-	by the [water infrastructure asset] DAM. 5
922		-
923		-	[(4)] (3) “Association member” means an owner or a member of an 6
924		-	association. 7
925		-
926		-	(4) “DAM OWNER” MEANS THE OWNER OR P ERSON HAVING CONTROL 8
927		-	OF THE NORMAL OPERAT ION OR MAINTENANCE O F A DAM. 9
928		-
929		-	(5) [“Water infrastructure asset” means a reservoir, a dam, or any other 10
930		-	waterway construction.] “UNSAFE CONDITION ” MEANS THE CONDITION OF A D AM 11
931		-	DETERMINED BY THE DEPARTMENT TO BE UNSA FE DUE TO THE STRUCT URE: 12
932		-
933		-	(I) BEING IN POOR CONDITI ON; 13
934		-
935		-	(II) HAVING AN INADEQUATE SPILLWAY; 14
936		-
937		-	(III) POSING IMMINENT DANGE R OF FAILURE; OR 15
938		-
939		-	(IV) HAVING ANOTHER CONDIT ION DETERMINED UNS AFE BY 16
940		-	THE DEPARTMENT . 17
941		-
942		-	(b) (1) On complaint or the Department’s own initiative, the Department may 18
943		-	investigate or examine any [water infrastructure asset] DAM. 19
944		-
945		-	(2) If the Department determines that the [water infrastructure asset] 20
946		-	DAM is IN AN unsafe CONDITION, needs repair, or should be removed because the [water 21
947		-	infrastructure asset] DAM is unsafe and not repairable, the Department shall notify the 22
948		-	[asset] DAM owner in writing to repair or remove the [water infrastructure asset] DAM, as 23
949		-	the situation warrants. 24
950		-
951		-	(3) The repair or removal work shall be completed within a reasonable 25
952		-	time, which time shall be prescribed in the Department’s notice. 26
953		-
954		-	(4) (i) This paragraph applies to a [water infrastructure asset] DAM 27
955		-	that the Department determines meets the criteria specified in paragraph (2) of this 28
956		-	subsection. 29
957		-
958		-	(ii) If the Department determines that changes to the [water 30
959		-	infrastructure asset] DAM, including removal of the [asset] DAM, are a priority for 31
960		-	improving fish passage or for other environmental benefits, the Department MAY: 32 HOUSE BILL 245 21
	723	+	2. A pier; 32 16 HOUSE BILL 245
961	724
962	725
963	726
964		-	1. [May partner] PARTNER with the [asset] DAM owner and 1
965		-	an organization that provides resources and expertise to plan, design, or finance changes 2
966		-	to [water infrastructure assets] DAMS for the purpose of repairing, removing, or retrofitting 3
967		-	the [asset] DAM in a manner consistent with the Department’s objectives; or 4
	727	+	3. A boathouse; 1
968	728
969		-	2. [Shall prioritize] PRIORITIZE the use of environmental 5
970		-	outcomes, as defined in § 9–1601 of this article, arising from the repair, removal, or retrofit 6
971		-	of the [water infrastructure asset] DAM in any environmental mitigation program 7
972		-	identified by the Department. 8
	729	+	4. A structure on a pier; 2
973	730
974		-	(iii) For the purpose of seeking financial assistance under Title 5, 9
975		-	Subtitle 4 of the Economic Development Article, if the Department determines that the 10
976		-	[water infrastructure asset] DAM is not a priority under subparagraph (ii) of this 11
977		-	paragraph but is a priority for installation of less than 30 megawatts of small hydroelectric 12
978		-	power plant capacity, the Department shall provide notice to the Maryland Industrial 13
979		-	Development Financing Authority of: 14
	731	+	5. A bulkhead; 3
980	732
981		-	1. Any [water infrastructure asset] DAM identified as a 15
982		-	priority for installation of less than 30 megawatts of small hydroelectric power plant 16
983		-	capacity under this paragraph; and 17
	733	+	6. A revetment; 4
984	734
985		-	2. The repair, retrofit, or removal measures identified for the 18
986		-	[water infrastructure asset] DAM in the notice provided under paragraph (2) of this 19
987		-	subsection. 20
	735	+	7. A tidal impoundment dike; 5
988	736
989		-	~~(c) If the work is not completed in the time prescribed in the notice: 21~~
	737	+	8. A water control structure; 6
990	738
991		-	(1) The Department may have the work completed at the expense of the 22
992		-	[asset] DAM owner; 23
	739	+	9. An aboveground transmission facility; 7
993	740
994		-	(2) The Department shall charge the [asset] DAM owner for the costs to 24
995		-	complete the work; and 25
	741	+	10. An agricultural drainage ditch; or 8
996	742
997		-	(3) If repayment is not made within 30 days after written demand, the 26
998		-	Department may bring an action in the proper court to recover the costs to complete the 27
999		-	work. 28
	743	+	11. A highway drainage ditch. 9
1000	744
1001		-	(~~d) (1~~) The ~~Department may take emergency actions necessary to protect life,~~ 29
1002		-	~~property,~~ or ~~the environment if:~~ 30
	745	+	(6) The application fee for a structural shoreline stabilization project 10
	746	+	located on or adjacent to a State–owned lake may not exceed [$250] $290. 11
1003	747
1004		-	(i) 1. The ~~Department determines that a [water~~ ~~infrastructure 31~~
1005		-	~~asset] DAM is in imminent danger of failure; and 32~~
	748	+	(7) [The fees imposed under this subsection may not be modified without 12
	749	+	legislative enactment. 13
1006	750
1007		-	2. The [asset] DAM owner has been issued a notice by the 33
1008		-	Department under subsection (b) of this section and has not completed the work in 34 22 HOUSE BILL 245
	751	+	(8) (i) Subject to paragraph (7) of this subsection, the] 14
1009	752
	753	+	(I) THE Department may adjust the fees established under 15
	754	+	paragraphs (1), (4), and (6) of this subsection to reflect changes in the consumer price index 16
	755	+	for all “urban consumers” for the expenditure category “all items not seasonally adjusted”, 17
	756	+	and for all regions. 18
1010	757
1011		-	accordance with the time prescribed in the notice; or 1
	758	+	(ii) The Annual Consumer Price Index for the period ending each 19
	759	+	December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, 20
	760	+	shall be used to adjust the fees established under paragraphs (1), (4), and (6) of this 21
	761	+	subsection. 22
1012	762
1013		-	(ii) The Department determines that: 2
	763	+	(8) THE DEPARTMENT SHALL ISSU E A PUBLIC NOTICE OF THE 23
	764	+	ADJUSTED FEES AT LEA ST 90 DAYS BEFORE THE NEW FEE RATES TAKE EFFEC T. 24
1014	765
1015		-	1. A [water infrastructure asset] DAM is failing OR IN 3
1016		-	IMMINENT DANGER OF F AILING; and 4
	766	+	(c) (1) There is a Wetlands and Waterways Program Fund. 25
1017	767
1018		-	2. The [asset] DAM owner is not taking adequate actions to 5
1019		-	protect life, property, or the environment. 6
	768	+	(2) The Department shall administer the Fund. 26
1020	769
1021		-	(2) Emergency actions taken by the Department under this subsection may 7
1022		-	include: 8
1023		-
1024		-	(i) Taking control of the [water infrastructure asset] DAM; 9
1025		-
1026		-	(ii) Lowering the level of water impounded by the [water 10
1027		-	infrastructure asset] DAM by releasing the impounded water or by other means; 11
1028		-
1029		-	(iii) Completely releasing all water impounded by the [water 12
1030		-	infrastructure asset] DAM; 13
1031		-
1032		-	(iv) Performing any necessary remedial or protective work at the site 14
1033		-	of the [water infrastructure asset] DAM, including breaching the [water infrastructure 15
1034		-	asset] DAM; and 16
1035		-
1036		-	(v) Taking any other steps the Department deems necessary to 17
1037		-	safeguard life, property, or the environment. 18
1038		-
1039		-	(3) The Department or its agents may enter any property, without prior 19
1040		-	notice to the owner of the property, if the entry is necessary to carry out emergency actions 20
1041		-	under this subsection. 21
1042		-
1043		-	(4) If the Department takes control of a [water infrastructure asset] DAM 22
1044		-	under paragraph (2)(i) of this subsection, the Department shall remain in charge and 23
1045		-	control of the [water infrastructure asset] DAM until the Department has determined that 24
1046		-	the [water infrastructure asset] DAM has been rendered safe or the circumstances 25
1047		-	requiring the emergency actions have ceased. 26
1048		-
1049		-	(5) The Department may obtain equipment, personnel, and other resources 27
1050		-	for emergency actions taken under this subsection through any appropriate means, 28
1051		-	including emergency procurements under § 13–108 of the State Finance and Procurement 29
1052		-	Article. 30
1053		-
1054		-	(e) (1) Costs incurred by the Department under this section shall: 31
1055		-
1056		-	(i) Constitute a debt owed to the State; and 32 HOUSE BILL 245 23
	770	+	(3) The Treasurer shall hold the Fund separately and the Comptroller shall 27
	771	+	account for the Fund. 28 HOUSE BILL 245 17
1057	772
1058	773
1059	774
1060		-	(ii) ~~Be reimbursed to~~ the ~~Department by the [asset] DAM owner.~~ 1
	775	+	(4) The Fund consists of all: 1
1061	776
1062		-	(2) If any such cost remains unreimbursed 30 days after the Department 2
1063		-	makes a demand for reimbursement from the [asset] DAM owner, the [water infrastructure 3
1064		-	asset] DAM shall be subject to the establishment of a lien in accordance with this section 4
1065		-	for the payment of the unreimbursed amount. 5
	777	+	(i) Application fees collected by the Department under this section; 2
1066	778
1067		-	(f) (1) With respect to costs incurred by the Department under this section 6
1068		-	relating to a [water infrastructure asset] DAM for which an association is the [asset] DAM 7
1069		-	owner, if any such cost remains unreimbursed 30 days after the Department makes a 8
1070		-	demand for reimbursement from the association, such costs shall be a debt to the State 9
1071		-	owed, and shall be reimbursed to the Department, by the association members, jointly and 10
1072		-	severally, notwithstanding any provision of law that would otherwise relieve the 11
1073		-	association members of such liability. 12
	779	+	(ii) Monetary compensation paid to the State in conjunction with a 3
	780	+	wetlands license other than that compensation specified in § 16–205(e)(2) of this article; 4
1074	781
1075		-	(2) If any such cost remains unreimbursed 30 days after the Department 13
1076		-	makes a demand for reimbursement from the association members, the lots, condominium 14
1077		-	units, or other property owned by the association members that is adjacent to or benefited 15
1078		-	by the [water infrastructure asset] DAM shall be subject to the establishment of a lien in 16
1079		-	accordance with this section for the payment of the unreimbursed amount. 17
	782	+	(iii) Money appropriated in the State budget to the Fund; and 5
1080	783
1081		-	(g) (1) Any lien arising under subsections (e) and (f) of this section shall, to the 18
1082		-	extent not otherwise expressly prohibited by law, have priority over all other liens and 19
1083		-	encumbrances perfected after July 1, 2020, on the [water infrastructure asset] DAM, or the 20
1084		-	lots, condominium units, or other property owned by the association members that is 21
1085		-	adjacent to or benefited by the [water infrastructure asset] DAM. 22
	784	+	(iv) Investment earnings, interest, and any other money from any 6
	785	+	other source accepted for the benefit of the Fund. 7
1086	786
1087		-	(2) The establishment and enforcement of liens arising under subsections 23
1088		-	(e) and (f) of this section shall be governed by the rules set forth in Title 12, Chapter 300 of 24
1089		-	the Maryland Rules. 25
	787	+	(5) In accordance with subsection (e) of this section, the Department shall 8
	788	+	use the Wetlands and Waterways Program Fund for activities related to: 9
1090	789
1091		-	(h) No action may be brought against the State, the Department, or their 26
1092		-	respective agents or employees for the recovery of damages caused by the partial or total 27
1093		-	failure of any [water infrastructure asset] DAM, or the control or operation of any [water 28
1094		-	infrastructure asset] DAM, on the ground that the State, the Department, or their 29
1095		-	respective agents or employees are liable by virtue of any of the following: 30
	790	+	(i) The issuance of authorizations by the Department under §§ 10
	791	+	5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the 11
	792	+	issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article; 12
1096	793
1097		-	(1) The approval or permitting of the [water infrastructure asset] DAM; 31
	794	+	(ii) The management, conservation, protection, and preservation of 13
	795	+	the State’s wetlands and waterways resources; and 14
1098	796
1099		-	(2) ~~The issuance or enforcement~~ of ~~orders relative to maintenance or 32~~
1100		-	~~operation of~~ the ~~[water infrastructure asset]~~ ~~DAM; 33~~
	797	+	(iii) Program development associated with this title and Title 16 of 15
	798	+	this article, as provided by the State budget. 16
1101	799
1102		-	(3) Control or regulation of the [water infrastructure asset] DAM; 34
	800	+	(d) On or before December 31 of each year, in accordance with § 2–1257 of the 17
	801	+	State Government Article, the Department shall prepare and submit an annual report to 18
	802	+	the House Environment and Transportation Committee, the House Appropriations 19
	803	+	Committee, the Senate COMMITTEE ON Education, [Health, and Environmental Affairs 20
	804	+	Committee] ENERGY, AND THE ENVIRONMENT , and the Senate Budget and Taxation 21
	805	+	Committee on the Wetlands and Waterways Program Fund, including an accounting of 22
	806	+	financial receipts deposited into the Fund and expenditures from the Fund. 23
1103	807
1104		-	(4) ~~Actions taken to protect against failure during an emergency, including 35~~ 24 ~~HOUSE BILL 245~~
	808	+	(e) The Department shall: 24
1105	809
	810	+	(1) Prioritize the use of the Wetlands and Waterways Program Fund to 25
	811	+	improve the level of service to the regulated community; 26
1106	812
1107		-	any actions taken under this subsection; 1
	813	+	(2) Identify and implement measures that will reduce delays and 27
	814	+	duplication in the administration of the wetlands and waterways permit process, including 28
	815	+	the processing of applications for wetlands and waterways permits in accordance with § 29
	816	+	1–607 of this article; and 30
1108	817
1109		-	(5) The use of design and construction criteria prepared, approved, or 2
1110		-	promulgated by the Department; or 3
1111		-
1112		-	(6) The failure to issue or enforce orders, to control or regulate [water 4
1113		-	infrastructure assets] DAMS, to take measures to protect against any failure thereof, or to 5
1114		-	take any emergency actions contemplated by this subsection. 6
1115		-
1116		-	(i) Nothing in this section, and no act or omission of the Department under this 7
1117		-	section, shall be construed to relieve [an asset] A DAM owner of: 8
1118		-
1119		-	(1) The legal duties, obligations, or liabilities incident to the ownership or 9
1120		-	operation of a [water infrastructure asset] DAM; or 10
1121		-
1122		-	(2) Any liability for acts or omissions of the [asset] DAM owner that cause 11
1123		-	injury or death to any person, damage to any property or the environment, or violation of 12
1124		-	any law, regulation, or permit, even if acts or omissions of the Department under this 13
1125		-	section could be deemed an intervening cause of such injury, death, damage, or violation. 14
1126		-
1127		-	(j) This section does not apply to farm ponds used for agricultural purposes. 15
1128		-
1129		-	5–509.1. 16
1130		-
1131		-	(A) IN THIS SECTION, “DAM OWNER ” HAS THE MEANING STAT ED IN § 5–509 17
1132		-	OF THIS SUBTITLE. 18
1133		-
1134		-	(B) THIS SECTION DOES NOT APPLY TO A DAM OWNED BY THE FEDERAL 19
1135		-	GOVERNMENT . 20
1136		-
1137		-	(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, ALL DAM OWNERS 21
1138		-	SHALL REGISTER THEIR DAMS ANNUALLY WITH T HE DEPARTMENT . 22
1139		-
1140		-	(D) TO REGISTER WITH THE DEPARTMENT , A DAM OWNER SHALL: 23
1141		-
1142		-	(1) SUBMIT AN APPLICATION TO THE DEPARTMENT ON THE FOR M 24
1143		-	PROVIDED BY THE DEPARTMENT ; AND 25
1144		-
1145		-	(2) PAY TO THE DEPARTMENT A REGISTRA TION FEE. 26
1146		-
1147		-	(E) THE DEPARTMENT SHALL : 27
1148		-
1149		-	(1) ESTABLISH THE REGISTR ATION FEE BY REGULAT ION; AND 28
1150		-
1151		-	(2) BASE THE REGISTRA TION FEE ON THE DAM HAZARD 29 HOUSE BILL 245 25
1152		-
1153		-
1154		-	CLASSIFICATION . 1
1155		-
1156		-	(F) REGISTRATION FEES COL LECTED UNDER THIS SE CTION SHALL BE PAID 2
1157		-	INTO THE PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS 3
1158		-	SUBTITLE. 4
1159		-
1160		-	5–509.2. 5
1161		-
1162		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 6
1163		-	INDICATED. 7
1164		-
1165		-	(2) “DAM OWNER” HAS THE MEANING STAT ED IN § 5–509 OF THIS 8
1166		-	SUBTITLE. 9
1167		-
1168		-	(3) (I) “ELIGIBLE COST” MEANS ANY COST TO BE INCURRED BY A 10
1169		-	DAM OWNER FOR THE RE PAIR, EMERGENCY REPAIR , OR PERMANENT BREACH OF A 11
1170		-	DAM. 12
1171		-
1172		-	(II) “ELIGIBLE COST” INCLUDES CONSTRUCTION A CTIVITIES, 13
1173		-	ENGINEERING FEES , DEMOLITION, EXCAVATION, STABILIZATION, AND RELATED 14
1174		-	COSTS. 15
1175		-
1176		-	(4) “FUND” MEANS THE PRIVATE DAM REPAIR FUND. 16
1177		-
1178		-	(5) “LOAN” MEANS A PRIVATE DAM REPAIR LOAN MADE IN 17
1179		-	ACCORDANCE WITH THIS SECTION. 18
1180		-
1181		-	(6) “PRIVATE DAM” MEANS A DAM THAT IS NOT OWNED BY THE 19
1182		-	FEDERAL GOVERNMENT , THE STATE GOVERNMENT , OR A COUNTY OR MUNIC IPAL 20
1183		-	GOVERNMENT . 21
1184		-
1185		-	(7) “UNSAFE CONDITION ” HAS THE MEANING STAT ED IN § 5–509 OF 22
1186		-	THIS SUBTITLE. 23
1187		-
1188		-	(B) (1) THERE IS A PRIVATE DAM REPAIR FUND. 24
1189		-
1190		-	(2) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 25
1191		-	ASSISTANCE FOR THE R EPAIR, UPGRADE, OR REMOVAL OF PRIVAT E DAMS IN 26
1192		-	ACCORDANCE WITH THIS SUBTITLE. 27
1193		-
1194		-	(3) THE MARYLAND WATER INFRASTRUCTURE FINANCING 28
1195		-	ADMINISTRATION WITHIN THE DEPARTMENT SHALL ADMI NISTER THE FUND. 29
1196		-	26 HOUSE BILL 245
1197		-
1198		-
1199		-	(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 1
1200		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
1201		-
1202		-	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 3
1203		-	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 4
1204		-
1205		-	(D) THE FUND CONSISTS OF: 5
1206		-
1207		-	(1) DAM SAFETY PERMIT FEE S COLLECTED BY THE DEPARTMENT 6
1208		-	UNDER § 5–203.2 OF THIS TITLE; 7
1209		-
1210		-	(2) DAM OWNER REGISTRATIO N FEES COLLECTED BY THE 8
1211		-	DEPARTMENT UNDER § 5–509.1 OF THIS SUBTITLE; 9
1212		-
1213		-	(3) PAYMENTS RECEIVED FRO M BORROWERS FOR DEPO SIT INTO THE 10
1214		-	FUND IN REPAYMENT OF LOANS ISSUED UNDER S UBSECTION (H) OF THIS SECTION, 11
1215		-	INCLUDING ANY LOAN O RIGINATION FEES ; 12
1216		-
1217		-	(4) PENALTIES DISTRIBUTED TO THE FUND UNDER § 5–514(C)(2) OF 13
1218		-	THIS SUBTITLE; 14
1219		-
1220		-	(5) FUNDS APPROPRIATED IN THE STATE BUDGET TO THE FUND; 15
1221		-
1222		-	(6) INTEREST EARNINGS ; AND 16
1223		-
1224		-	(7) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 17
1225		-	THE BENEFIT OF THE FUND. 18
1226		-
1227		-	(E) THE FUND MAY BE USED ONLY FOR: 19
1228		-
1229		-	(1) PROVIDING FINANCIAL A SSISTANCE TO PRIVATE DAM OWNERS 20
1230		-	FOR DEPARTMENT –DIRECTED UPGRADES , REPAIRS, OR REMOVALS; 21
1231		-
1232		-	(2) MAKING LOANS IN ACCOR DANCE WITH THIS SECT ION; 22
1233		-
1234		-	(3) FUNDING EMERGENCY REP AIRS AND REMOVALS OF PRIVATE 23
1235		-	DAMS PERFORMED BY TH E DEPARTMENT ; AND 24
1236		-
1237		-	(4) REIMBURSING THE ADMIN ISTRATIVE COST TO TH E DEPARTMENT 25
1238		-	OF PROCESSING AND IS SUING DAM SAFETY PER MITS AND PERFORMING T HE DUTIES 26
1239		-	UNDER § 5–509 OF THIS SUBTITLE. 27
1240		-
1241		-	(F) (1) THE STATE TREASURER SHALL INVES T MONEY OF THE FUND IN 28 HOUSE BILL 245 27
1242		-
1243		-
1244		-	THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 1
1245		-
1246		-	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 2
1247		-	THE FUND. 3
1248		-
1249		-	(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 4
1250		-	WITH THE STATE BUDGET . 5
1251		-
1252		-	(H) (1) (I) BEGINNING JULY 1, 2027, THE DEPARTMENT MAY PROVID E 6
1253		-	LOANS FROM THE FUND TO OWNERS OF PRI VATE DAMS FOR THE PU RPOSE OF 7
1254		-	REPAIRING OR REMOVIN G PRIVATE DAMS DEEME D TO BE IN AN UNSAFE CONDITION 8
1255		-	BY THE DEPARTMENT . 9
1256		-
1257		-	(II) LOANS MADE UNDER THIS SUBSECTION SHALL BE 10
1258		-	ADMINISTERED BY THE MARYLAND WATER INFRASTRUCTURE FINANCING 11
1259		-	ADMINISTRATION IN ACC ORDANCE WITH §§ 9–1604 AND 9–1606 OF THIS ARTICLE. 12
1260		-
1261		-	(2) (I) THE DEPARTME NT MAY ESTABLISH CRI TERIA FOR 13
1262		-	AWARDING LOANS UNDER THE FUND. 14
1263		-
1264		-	(II) ELIGIBLE APPLICANTS M AY INCLUDE DAM OWNER S THAT: 15
1265		-
1266		-	1. HAVE AN APPROVED EMER GENCY ACTION PLAN IN 16
1267		-	ACCORDANCE WITH § 5–503.1 OF THIS SUBTITLE; 17
1268		-
1269		-	2. HAVE HAD AN INSPECTIO N OF THE PRIVA TE DAM 18
1270		-	PERFORMED BY THE DEPARTMENT THAT DOCUM ENTS DEFICIENCIES IN 19
1271		-	ACCORDANCE WITH § 5–509 OF THIS SUBTITLE WIT HIN THE PAST 24 MONTHS; 20
1272		-
1273		-	3. CAN DEMONSTRATE , WITH DOCUMENTATION , 21
1274		-	ACTIONS TAKEN TO ADD RESS DEFICIENCIES IN DICATED IN INSPECTIO N REPORTS 22
1275		-	PREPARED BY THE DEPARTMENT ; AND 23
1276		-
1277		-	4. HAVE DEMONSTRATED AN ABILITY TO REPAY A L OAN. 24
1278		-
1279		-	(3) EACH LOAN MAY BE IN A N AMOUNT THAT COVERS THE 25
1280		-	REASONABLE AND NECES SARY ELIGIBLE COSTS OF A PROJECT, AS DETERMINED BY 26
1281		-	THE DEPARTMENT , FOR WHICH FUNDS ARE SOUGHT BY THE APP LICANT AND THAT 27
1282		-	ARE NOT PROVIDED BY OTHER AVAILABLE SOUR CES. 28
1283		-
1284		-	(4) A DAM OWNER MAY USE MU LTIPLE PROGRAMS OR S OURCES TO 29
1285		-	FUND THE REPAIR OR R EMOVAL COSTS FOR A D AM IN AN UNSAFE COND ITION UP TO 30
1286		-	100% OF THE COSTS. 31 28 HOUSE BILL 245
	818	+	(3) In conjunction with the Department of Natural Resources, identify up 31
	819	+	to three types of structural shoreline stabilization practices that may be implemented on 32
	820	+	or adjacent to a State–owned lake. 33 18 HOUSE BILL 245
1287	821
1288	822
1289	823
1290		-	(5) A DAM OWNER SEEKING A LOAN SHALL SUBMIT A COMPLETE LO AN 1
1291		-	APPLICATION TO THE DEPARTMENT ON A FORM PROVIDED BY THE DEPARTMENT . 2
	824	+	5–203.2. 1
1292	825
1293		-	(6) THE REPAYMENT PERIOD FOR A LOAN MAY NOT E XCEED 20 3
1294		-	YEARS. 4
	826	+	(A) IN THIS SECTION , “DAM SAFETY PERMIT ” MEANS A PERMIT ISSUE D 2
	827	+	UNDER § 5–503 OF THIS TITL E FOR THE CONSTRUCTI ON, RECONSTRUCTION , 3
	828	+	REPAIR, REMOVAL, OR MODIFICATION OF A DAM. 4
1295	829
1296		-	(7) THE ~~LOAN~~ SHALL ~~BE MAD E AT OR BELOW MARKET INTEREST~~ 5
1297		-	~~RATES~~. 6
	830	+	(B) (1) BY REGULATION , THE DEPARTMENT SHALL ESTA BLISH AND 5
	831	+	COLLECT A FEE TO BE PAID PRIOR TO ISSUAN CE OF A DAM SAFETY P ERMIT. 6
1298	832
1299		-	(8) THE DEPARTMENT MAY CHARGE A LOAN ORIGINATION FEE THAT 7
1300		-	MAY BE USED FOR THE REASONABLE COST OF A DMINISTERING THE LOA N PROGRAM. 8
	833	+	(2) THE DEPARTMENT SHALL BASE THE FEE ON: 7
1301	834
1302		-	(9) IF THE DEPARTMENT DETERMINES THAT A DAM OWNER DOE S 9
1303		-	NOT HAVE THE FINANCI AL RESOURCES TO REPA Y A LOAN GRANTED UND ER THIS 10
1304		-	SUBSECTION, THE DEPARTMENT MAY , AT THE DEPARTMENT ’S DISCRETION , 11
1305		-	AUTHORIZE PARTIAL FO RGIVENESS OF THE LOA N. 12
	835	+	(I) PROJECT COST; AND 8
1306	836
1307		-	(10) ~~FULL REPAYMENT OF~~ THE ~~LOAN SHALL BE REQUIR ED ON SALE OR 13~~
1308		-	~~TRANSFER OF THE PROP ERTY~~. 14
	837	+	(II) THE COST TO THE DEPARTMENT FOR ADMINI STERING THE 9
	838	+	DAM SAFETY PERMIT . 10
1309	839
1310		-	(~~11) (I~~) THE ~~DEPARTMENT MAY ESTABL ISH REMEDIES~~ FOR ~~LOA N 15~~
1311		-	~~RECIPIENTS WHO FAIL TO MEET REPAYM ENT OBLIGATIONS UNDE R~~ THE ~~LOAN 16~~
1312		-	~~TERMS~~. 17
	840	+	(C) THE APPLICATION FOR A NEW DAM, OR THE ENLARGEMENT , REPAIR, 11
	841	+	ALTERATION, OR REMOVAL OF AN EXI STING DAM, SHALL INCLUDE THE ES TIMATED 12
	842	+	PROJECT COST . 13
1313	843
1314		-	(II) IN ADDITION TO ANY OT HER ACTION AUTHORIZE D BY THIS 18
1315		-	SUBTITLE, THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER 19
1316		-	PRINCIPAL, INTEREST, LATE FEES AND PENALT IES, ATTORNEY’S FEES, AND COSTS 20
1317		-	FROM ANY LOAN RECIPI ENT THAT DEFAULTS ON THE LOAN RECIPIENT ’S 21
1318		-	OBLIGATIONS UNDER TH E LOAN AGREEMENT . 22
	844	+	(D) PERIODICALLY, THE DEPARTMENT SHALL REVI EW THE FEES AND IF 14
	845	+	NEEDED ADJUST THE FE ES TO ENSURE THE AMO UNT COLLECTED COVERS THE 15
	846	+	DEPARTMENT ’S COSTS FOR ADMINIST ERING THE DAM SAFETY PERMIT. 16
1319	847
1320		-	(III) 1. IN THE EVENT OF A DEF AULT ON A LOAN OBLIG ATION 23
1321		-	ISSUED UNDER THIS SU BSECTION, THE DEPARTMENT MAY PLACE A LIEN AGAINST 24
1322		-	THE PROPERTY THAT , SUBJECT TO THE TAX L IENS OF THE FEDERAL, STATE, AND 25
1323		-	LOCAL GOVERNMENTS , SHALL HAVE THE SAME PRIORITY AND STATUS AS A LIEN OF 26
1324		-	THE STATE FOR UNPAID TAXE S UNDER §§ 14–804 AND 14–805 OF THE TAX – 27
1325		-	PROPERTY ARTICLE. 28
	848	+	(E) FEES COLLECTED UNDER THIS SECTION SHALL B E PAID INTO THE 17
	849	+	PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS TITLE. 18
1326	850
1327		-	2. THE DEPARTMENT MAY EXERCI SE THE SAME RIGHTS 29
1328		-	AND POWERS IN ENFORC ING THE LIEN AND COLLECTI NG FUNDS FOR THE PAY MENT 30
1329		-	OF AMOUNTS IN DEFAUL T UNDER THE LOAN OBL IGATION AS THE STATE MAY 31
1330		-	EXERCISE IN COLLECTI NG UNPAID TAXES UNDE R TITLE 14, SUBTITLE 8 OF THE 32
1331		-	TAX – PROPERTY ARTICLE. 33 HOUSE BILL 245 29
	851	+	5–509. 19
	852	+
	853	+	(a) (1) In this section the following words have the meanings indicated. 20
	854	+
	855	+	(2) [“Asset owner” means the owner or person having control of a water 21
	856	+	infrastructure asset. 22
	857	+
	858	+	(3)] “Association” means: 23
	859	+
	860	+	(i) A homeowners association, as defined in § 11B–101 of the Real 24
	861	+	Property Article; 25
	862	+
	863	+	(ii) A council of unit owners, as defined in § 11–101 of the Real 26
	864	+	Property Article; or 27
	865	+
	866	+	(iii) Any other entity owning or controlling a [water infrastructure 28 HOUSE BILL 245 19
	867	+
	868	+
	869	+	asset] DAM, the owners or members of which are owners of property adjacent to or benefited 1
	870	+	by the [water infrastructure asset] DAM. 2
	871	+
	872	+	[(4)] (3) “Association member” means an owner or a member of an 3
	873	+	association. 4
	874	+
	875	+	(4) “DAM OWNER” MEANS THE OWNER OR P ERSON HAVING CONTROL 5
	876	+	OF THE NORMAL OPERAT ION OR MAINTENANCE O F A DAM. 6
	877	+
	878	+	(5) [“Water infrastructure asset” means a reservoir, a dam, or any other 7
	879	+	waterway construction.] “UNSAFE CONDITION ” MEANS THE CONDITION OF A DAM 8
	880	+	DETERMINED BY THE DEPARTMENT TO BE UNSA FE DUE TO THE STRUCT URE: 9
	881	+
	882	+	(I) BEING IN POOR CONDITI ON; 10
	883	+
	884	+	(II) HAVING AN INADEQUATE SPILLWAY; 11
	885	+
	886	+	(III) POSING IMMINENT DANGE R OF FAILURE; OR 12
	887	+
	888	+	(IV) HAVING ANOTHER CONDIT ION DETERMINED UNSAF E BY 13
	889	+	THE DEPARTMENT . 14
	890	+
	891	+	(b) (1) On complaint or the Department’s own initiative, the Department may 15
	892	+	investigate or examine any [water infrastructure asset] DAM. 16
	893	+
	894	+	(2) If the Department determines that the [water infrastructure asset] 17
	895	+	DAM is IN AN unsafe CONDITION, needs repair, or should be removed because the [water 18
	896	+	infrastructure asset] DAM is unsafe and not repairable, the Department shall notify the 19
	897	+	[asset] DAM owner in writing to repair or remove the [water infrastructure asset] DAM, as 20
	898	+	the situation warrants. 21
	899	+
	900	+	(3) The repair or removal work shall be completed within a reasonable 22
	901	+	time, which time shall be prescribed in the Department’s notice. 23
	902	+
	903	+	(4) (i) This paragraph applies to a [water infrastructure asset] DAM 24
	904	+	that the Department determines meets the criteria specified in paragraph (2) of this 25
	905	+	subsection. 26
	906	+
	907	+	(ii) If the Department determines that changes to the [water 27
	908	+	infrastructure asset] DAM, including removal of the [asset] DAM, are a priority for 28
	909	+	improving fish passage or for other environmental benefits, the Department MAY: 29
	910	+
	911	+	1. [May partner] PARTNER with the [asset] DAM owner and 30
	912	+	an organization that provides resources and expertise to plan, design, or finance changes 31
	913	+	to [water infrastructure assets] DAMS for the purpose of repairing, removing, or retrofitting 32 20 HOUSE BILL 245
	914	+
	915	+
	916	+	the [asset] DAM in a manner consistent with the Department’s objectives; or 1
	917	+
	918	+	2. [Shall prioritize] PRIORITIZE the use of environmental 2
	919	+	outcomes, as defined in § 9–1601 of this article, arising from the repair, removal, or retrofit 3
	920	+	of the [water infrastructure asset] DAM in any environmental mitigation program 4
	921	+	identified by the Department. 5
	922	+
	923	+	(iii) For the purpose of seeking financial assistance under Title 5, 6
	924	+	Subtitle 4 of the Economic Development Article, if the Department determines that the 7
	925	+	[water infrastructure asset] DAM is not a priority under subparagraph (ii) of this 8
	926	+	paragraph but is a priority for installation of less than 30 megawatts of small hydroelectric 9
	927	+	power plant capacity, the Department shall provide notice to the Maryland Industrial 10
	928	+	Development Financing Authority of: 11
	929	+
	930	+	1. Any [water infrastructure asset] DAM identified as a 12
	931	+	priority for installation of less than 30 megawatts of small hydroelectric power plant 13
	932	+	capacity under this paragraph; and 14
	933	+
	934	+	2. The repair, retrofit, or removal measures identified for the 15
	935	+	[water infrastructure asset] DAM in the notice provided under paragraph (2) of this 16
	936	+	subsection. 17
	937	+
	938	+	(c) If the work is not completed in the time prescribed in the notice: 18
	939	+
	940	+	(1) The Department may have the work completed at the expense of the 19
	941	+	[asset] DAM owner; 20
	942	+
	943	+	(2) The Department shall charge the [asset] DAM owner for the costs to 21
	944	+	complete the work; and 22
	945	+
	946	+	(3) If repayment is not made within 30 days after written demand, the 23
	947	+	Department may bring an action in the proper court to recover the costs to complete the 24
	948	+	work. 25
	949	+
	950	+	(d) (1) The Department may take emergency actions necessary to protect life, 26
	951	+	property, or the environment if: 27
	952	+
	953	+	(i) 1. The Department determines that a [water infrastructure 28
	954	+	asset] DAM is in imminent danger of failure; and 29
	955	+
	956	+	2. The [asset] DAM owner has been issued a notice by the 30
	957	+	Department under subsection (b) of this section and has not completed the work in 31
	958	+	accordance with the time prescribed in the notice; or 32
	959	+
	960	+	(ii) The Department determines that: 33
	961	+	HOUSE BILL 245 21
	962	+
	963	+
	964	+	1. A [water infrastructure asset] DAM is failing OR IN 1
	965	+	IMMINENT DANGER OF F AILING; and 2
	966	+
	967	+	2. The [asset] DAM owner is not taking adequate actions to 3
	968	+	protect life, property, or the environment. 4
	969	+
	970	+	(2) Emergency actions taken by the Department under this subsection may 5
	971	+	include: 6
	972	+
	973	+	(i) Taking control of the [water infrastructure asset] DAM; 7
	974	+
	975	+	(ii) Lowering the level of water impounded by the [water 8
	976	+	infrastructure asset] DAM by releasing the impounded water or by other means; 9
	977	+
	978	+	(iii) Completely releasing all water impounded by the [water 10
	979	+	infrastructure asset] DAM; 11
	980	+
	981	+	(iv) Performing any necessary remedial or protective work at the site 12
	982	+	of the [water infrastructure asset] DAM, including breaching the [water infrastructure 13
	983	+	asset] DAM; and 14
	984	+
	985	+	(v) Taking any other steps the Department deems necessary to 15
	986	+	safeguard life, property, or the environment. 16
	987	+
	988	+	(3) The Department or its agents may enter any property, without prior 17
	989	+	notice to the owner of the property, if the entry is necessary to carry out emergency actions 18
	990	+	under this subsection. 19
	991	+
	992	+	(4) If the Department takes control of a [water infrastructure asset] DAM 20
	993	+	under paragraph (2)(i) of this subsection, the Department shall remain in charge and 21
	994	+	control of the [water infrastructure asset] DAM until the Department has determined that 22
	995	+	the [water infrastructure asset] DAM has been rendered safe or the circumstances 23
	996	+	requiring the emergency actions have ceased. 24
	997	+
	998	+	(5) The Department may obtain equipment, personnel, and other resources 25
	999	+	for emergency actions taken under this subsection through any appropriate means, 26
	1000	+	including emergency procurements under § 13–108 of the State Finance and Procurement 27
	1001	+	Article. 28
	1002	+
	1003	+	(e) (1) Costs incurred by the Department under this section shall: 29
	1004	+
	1005	+	(i) Constitute a debt owed to the State; and 30
	1006	+
	1007	+	(ii) Be reimbursed to the Department by the [asset] DAM owner. 31
	1008	+
	1009	+	(2) If any such cost remains unreimbursed 30 days after the Department 32 22 HOUSE BILL 245
	1010	+
	1011	+
	1012	+	makes a demand for reimbursement from the [asset] DAM owner, the [water infrastructure 1
	1013	+	asset] DAM shall be subject to the establishment of a lien in accordance with this section 2
	1014	+	for the payment of the unreimbursed amount. 3
	1015	+
	1016	+	(f) (1) With respect to costs incurred by the Department under this section 4
	1017	+	relating to a [water infrastructure asset] DAM for which an association is the [asset] DAM 5
	1018	+	owner, if any such cost remains unreimbursed 30 days after the Department makes a 6
	1019	+	demand for reimbursement from the association, such costs shall be a debt to the State 7
	1020	+	owed, and shall be reimbursed to the Department, by the association members, jointly and 8
	1021	+	severally, notwithstanding any provision of law that would otherwise relieve the 9
	1022	+	association members of such liability. 10
	1023	+
	1024	+	(2) If any such cost remains unreimbursed 30 days after the Department 11
	1025	+	makes a demand for reimbursement from the association members, the lots, condominium 12
	1026	+	units, or other property owned by the association members that is adjacent to or benefited 13
	1027	+	by the [water infrastructure asset] DAM shall be subject to the establishment of a lien in 14
	1028	+	accordance with this section for the payment of the unreimbursed amount. 15
	1029	+
	1030	+	(g) (1) Any lien arising under subsections (e) and (f) of this section shall, to the 16
	1031	+	extent not otherwise expressly prohibited by law, have priority over all other liens and 17
	1032	+	encumbrances perfected after July 1, 2020, on the [water infrastructure asset] DAM, or the 18
	1033	+	lots, condominium units, or other property owned by the association members that is 19
	1034	+	adjacent to or benefited by the [water infrastructure asset] DAM. 20
	1035	+
	1036	+	(2) The establishment and enforcement of liens arising under subsections 21
	1037	+	(e) and (f) of this section shall be governed by the rules set forth in Title 12, Chapter 300 of 22
	1038	+	the Maryland Rules. 23
	1039	+
	1040	+	(h) No action may be brought against the State, the Department, or their 24
	1041	+	respective agents or employees for the recovery of damages caused by the partial or total 25
	1042	+	failure of any [water infrastructure asset] DAM, or the control or operation of any [water 26
	1043	+	infrastructure asset] DAM, on the ground that the State, the Department, or their 27
	1044	+	respective agents or employees are liable by virtue of any of the following: 28
	1045	+
	1046	+	(1) The approval or permitting of the [water infrastructure asset] DAM; 29
	1047	+
	1048	+	(2) The issuance or enforcement of orders relative to maintenance or 30
	1049	+	operation of the [water infrastructure asset] DAM; 31
	1050	+
	1051	+	(3) Control or regulation of the [water infrastructure asset] DAM; 32
	1052	+
	1053	+	(4) Actions taken to protect against failure during an emergency, including 33
	1054	+	any actions taken under this subsection; 34
	1055	+
	1056	+	(5) The use of design and construction criteria prepared, approved, or 35
	1057	+	promulgated by the Department; or 36 HOUSE BILL 245 23
1332	1058
1333	1059
1334	1060
1335		-	(12) THE DEPARTMENT SHALL ADOP T REGULATIONS TO C ARRY OUT 1
1336		-	THIS SUBSECTION . 2
	1061	+	(6) The failure to issue or enforce orders, to control or regulate [water 1
	1062	+	infrastructure assets] DAMS, to take measures to protect against any failure thereof, or to 2
	1063	+	take any emergency actions contemplated by this subsection. 3
1337	1064
1338		-	(I) ON OR BEFORE NOVEMBER 1, 2025, AND EACH NOVEMBER 1 3
1339		-	THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , SUBJECT 4
1340		-	TO § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 5
	1065	+	(i) Nothing in this section, and no act or omission of the Department under this 4
	1066	+	section, shall be construed to relieve [an asset] A DAM owner of: 5
1341	1067
1342		-	(1) THE STATUS OF THE FUND; 6
	1068	+	(1) The legal duties, obligations, or liabilities incident to the ownership or 6
	1069	+	operation of a [water infrastructure asset] DAM; or 7
1343	1070
1344		-	(2) REVENUES, ENCUMBRANCES TO , AND EXPENDITURES FRO M THE 7
1345		-	FUND; 8
	1071	+	(2) Any liability for acts or omissions of the [asset] DAM owner that cause 8
	1072	+	injury or death to any person, damage to any property or the environment, or violation of 9
	1073	+	any law, regulation, or permit, even if acts or omissions of the Department under this 10
	1074	+	section could be deemed an intervening cause of such injury, death, damage, or violation. 11
1346	1075
1347		-	(3) ~~A DESCRIPTION OF THE P ROJECTS FUNDED BY TH E FUND;~~ ~~AND 9~~
	1076	+	(j) This section does not apply to farm ponds used for agricultural purposes. 12
1348	1077
1349		-	(4) THE NUMBER OF APPLICA TIONS FOR FINANCIAL ASSISTANCE 10
1350		-	FROM THE FUND THAT WERE DENIED . 11
	1078	+	5–509.1. 13
1351	1079
1352		-	5–514. 12
	1080	+	(A) IN THIS SECTION, “DAM OWNER ” HAS THE MEANING STAT ED IN § 5–509 14
	1081	+	OF THIS SUBTITLE. 15
1353	1082
1354		-	(a) (1) In addition to being subject to an injunctive action under this subtitle, 13
1355		-	a person who violates any provision of this subtitle [relating to water appropriation and 14
1356		-	use] or any [rule,] regulation, order, or permit adopted or issued under [any such provision] 15
1357		-	THIS SUBTITLE is liable for a civil penalty not exceeding [$5,000] $10,000 per violation 16
1358		-	to be collected in a civil action brought by the Department. 17
	1083	+	(B) THIS SECTION DOES NOT APPLY TO A DAM OWNED BY THE FEDERAL 16
	1084	+	GOVERNMENT . 17
1359	1085
1360		-	(2) ~~Each day a violation occurs or continues is a separate violation under~~ 18
1361		-	~~this subsection~~. 19
	1086	+	(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, ALL DAM OWNERS 18
	1087	+	SHALL REGISTER THEIR DAMS ANNUALLY WITH T HE DEPARTMENT . 19
1362	1088
1363		-	(3) (i) Before bringing a civil action against a local government under 20
1364		-	this subsection, the Department shall meet and consult with the local government to seek 21
1365		-	an alternative resolution to the contested issue. 22
	1089	+	(D) TO REGISTER WITH THE DEPARTMENT , A DAM OWNER SHALL : 20
1366	1090
1367		-	(ii) ~~Prior consultation by~~ the Department ~~with~~ the ~~local government 23~~
1368		-	~~shall constitute compliance with this subsection.~~ 24
	1091	+	(1) SUBMIT AN APPLICATION TO THE DEPARTMENT ON THE FOR M 21
	1092	+	PROVIDED BY THE DEPARTMENT; AND 22
1369	1093
1370		-	(b) A person who violates a provision of this subtitle or a regulation adopted under 25
1371		-	this subtitle is subject to the penalties provided in § 9–343 of this article. 26
	1094	+	(2) PAY TO THE DEPARTMENT A REGISTRA TION FEE. 23
1372	1095
1373		-	(c) (1) [All] EXCEPT AS PROVIDED IN P ARAGRAPH (2) OF THIS 27
1374		-	SUBSECTION, ALL funds collected by the Department under this section, including any 28
1375		-	civil penalty or any fine imposed by a court under the provisions of this section, shall be 29
1376		-	paid into the Maryland Clean Water Fund. 30
	1096	+	(E) THE DEPARTMENT SHALL : 24
1377	1097
1378		-	(2) FUNDS COLLECTED BY TH E DEPARTMENT UNDER THIS SECTION 31 30 HOUSE BILL 245
	1098	+	(1) ESTABLISH THE REGISTR ATION FEE BY REGULAT ION; AND 25
	1099	+
	1100	+	(2) BASE THE REGISTRATION FEE ON THE DAM HAZAR D 26
	1101	+	CLASSIFICATION . 27
	1102	+
	1103	+	(F) REGISTRATION FEES COL LECTED UNDER THIS SECTION SHALL BE PAI D 28 24 HOUSE BILL 245
1379	1104
1380	1105
1381		-	~~RELATING TO AN UNSAF E CONDITION , AS DEFINED UNDER~~ § 5–509 OF THIS 1
1382		-	SUBTITLE~~, SHALL BE PAID INTO T HE PRIVATE DAM REPAIR FUND~~. 2
	1106	+	INTO THE PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS 1
	1107	+	SUBTITLE. 2
1383	1108
1384		-	6–~~843~~. 3
	1109	+	5–509.2. 3
1385	1110
1386		-	(a) (1) Except as provided in this subsection and subsection (b) of this section, 4
1387		-	and in cooperation with the Department of Housing and Community Development, the 5
1388		-	State Department of Assessments and Taxation, and other appropriate governmental 6
1389		-	units, the Department shall provide for the collection of [an annual] A fee for every rental 7
1390		-	dwelling unit in the State. 8
	1111	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 4
	1112	+	INDICATED. 5
1391	1113
1392		-	(2) [The ~~annual fee for an affected property is $30] FOR AN AFFECTED 9~~
1393		-	~~PROPERTY, THE FEE: 10~~
	1114	+	(2) “DAM OWNER” HAS THE MEANING STAT ED IN § 5–509 OF THIS 6
	1115	+	SUBTITLE. 7
1394	1116
1395		-	(I) IS $120; AND 11
	1117	+	(3) (I) “ELIGIBLE COST” MEANS ANY COST TO BE INCURRED BY A 8
	1118	+	DAM OWNER FOR THE RE PAIR, EMERGENCY REPAIR , OR PERMANENT BREACH OF A 9
	1119	+	DAM. 10
1396	1120
1397		-	(II) SHALL BE COLLECTED BY THE DEPARTMENT ONCE EVERY 12
1398		-	2 YEARS. 13
	1121	+	(II) “ELIGIBLE COST” INCLUDES CONSTRUCTIO N ACTIVITIES, 11
	1122	+	ENGINEERING FEES , DEMOLITION, EXCAVATION, STABILIZATION, AND RELATED 12
	1123	+	COSTS. 13
1399	1124
1400		-	(3) (i) 1. Subject to the provisions of subparagraphs (ii) and (iii) of 14
1401		-	this paragraph, on or before December 31, 2000, the [annual] fee for a rental dwelling unit 15
1402		-	built after 1949 that is not an affected property is $5. 16
	1125	+	(4) “FUND” MEANS THE PRIVATE DAM REPAIR FUND. 14
1403	1126
1404		-	~~2. After December 31, 2000, there is no [annual] fee for~~ a 17
1405		-	~~rental dwelling unit built after 1949 that is not an affected property~~. 18
	1127	+	(5) “LOAN” MEANS A PRIVATE DAM REPAIR LOAN MADE IN 15
	1128	+	ACCORDANCE WITH THIS SECTION. 16
1406	1129
1407		-	(ii) The owner of a rental dwelling unit built after 1949 that is not 19
1408		-	an affected property may not be required to pay the fee provided under this paragraph if 20
1409		-	the owner certifies to the Department that the rental dwelling unit is lead free pursuant to 21
1410		-	§ 6–804 of this subtitle. 22
	1130	+	(6) “PRIVATE DAM” MEANS A DAM THAT IS NOT OWNED BY THE 17
	1131	+	FEDERAL GOVERNMENT , THE STATE GOVERNMENT , OR A COUNTY OR MUNIC IPAL 18
	1132	+	GOVERNMENT . 19
1411	1133
1412		-	(iii) An owner of a rental dwelling unit who submits a report to the 23
1413		-	Department that the rental dwelling unit is lead free pursuant to § 6–804 of this subtitle 24
1414		-	shall include a [$10] $50 processing fee with the report. 25
	1134	+	(7) “UNSAFE CONDITION ” HAS THE MEANING STAT ED IN § 5–509 OF 20
	1135	+	THIS SUBTITLE. 21
1415	1136
1416		-	(b) ~~The fees imposed under this section do not apply to any rental dwelling unit: 26~~
	1137	+	(B) (1) THERE IS A PRIVATE DAM REPAIR FUND. 22
1417	1138
1418		-	(1) Built after 1978; or 27
	1139	+	(2) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 23
	1140	+	ASSISTANCE FOR THE R EPAIR, UPGRADE, OR REMOVAL OF PRIVAT E DAMS IN 24
	1141	+	ACCORDANCE WITH THIS SUBTITLE. 25
1419	1142
1420		-	(2) ~~Owned and operated by a unit of federal, State, or local government, or 28~~
1421		-	~~any public,~~ ~~quasi–public, or municipal corporation~~. 29
	1143	+	(3) THE MARYLAND WATER INFRASTRUCTURE FINANCING 26
	1144	+	ADMINISTRATION WITHIN THE DEPARTMENT SHALL ADMI NISTER THE FUND. 27
1422	1145
1423		-	(c) (1) The fee imposed under this section shall be paid on or before December 30
1424		-	31, 1995, or the date of registration of the affected property under Part III of this subtitle 31
1425		-	and on or before December 31 [of each] EVERY OTHER year thereafter or according to a 32
1426		-	schedule established by the Department by regulation. 33 HOUSE BILL 245 31
	1146	+	(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 28
	1147	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 29
	1148	+	HOUSE BILL 245 25
	1149	+
	1150	+
	1151	+	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
	1152	+	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
	1153	+
	1154	+	(D) THE FUND CONSISTS OF : 3
	1155	+
	1156	+	(1) DAM SAFETY PERMIT FEE S COLLECTED BY THE DEPARTMENT 4
	1157	+	UNDER § 5–203.2 OF THIS TITLE; 5
	1158	+
	1159	+	(2) DAM OWNER REGISTRATIO N FEES COLLECTED BY THE 6
	1160	+	DEPARTMENT UNDER § 5–509.1 OF THIS SUBTITLE; 7
	1161	+
	1162	+	(3) PAYMENTS RECEIVED FRO M BORROWERS FOR DEPO SIT INTO THE 8
	1163	+	FUND IN REPAYMENT OF LOANS ISSUED UNDER S UBSECTION (H) OF THIS SECTION, 9
	1164	+	INCLUDING ANY LOAN O RIGINATION FEES ; 10
	1165	+
	1166	+	(4) PENALTIES DISTRIBUTED TO THE FUND UNDER § 5–514(C)(2) OF 11
	1167	+	THIS SUBTITLE; 12
	1168	+
	1169	+	(5) FUNDS APPROPRIATED IN THE STATE BUDGET TO THE FUND; 13
	1170	+
	1171	+	(6) INTEREST EARNINGS ; AND 14
	1172	+
	1173	+	(7) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 15
	1174	+	THE BENEFIT OF THE FUND. 16
	1175	+
	1176	+	(E) THE FUND MAY BE USED ONLY FOR: 17
	1177	+
	1178	+	(1) PROVIDING FINANCIAL A SSISTANCE TO PRIVATE DAM OWNERS 18
	1179	+	FOR DEPARTMENT –DIRECTED UPGRADES , REPAIRS, OR REMOVALS ; 19
	1180	+
	1181	+	(2) MAKING LOANS IN ACCOR DANCE WITH THIS SECT ION; 20
	1182	+
	1183	+	(3) FUNDING EMERGENCY REPAIRS AND REMOVALS OF PRIV ATE 21
	1184	+	DAMS PERFORMED BY TH E DEPARTMENT ; AND 22
	1185	+
	1186	+	(4) REIMBURSING THE ADMIN ISTRATIVE COST TO TH E DEPARTMENT 23
	1187	+	OF PROCESSING AND IS SUING DAM SAFETY PER MITS AND PERFORMING THE DUTIES 24
	1188	+	UNDER § 5–509 OF THIS SUBTITLE. 25
	1189	+
	1190	+	(F) (1) THE STATE TREASURER SHALL INVES T MONEY OF THE FUND IN 26
	1191	+	THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 27
	1192	+
	1193	+	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 28 26 HOUSE BILL 245
	1194	+
	1195	+
	1196	+	THE FUND. 1
	1197	+
	1198	+	(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 2
	1199	+	WITH THE STATE BUDGET . 3
	1200	+
	1201	+	(H) (1) (I) BEGINNING JULY 1, 2027, THE DEPARTMENT MAY PROVID E 4
	1202	+	LOANS FROM THE FUND TO OWNERS OF PRI VATE DAMS FOR THE PU RPOSE OF 5
	1203	+	REPAIRING OR REMOVIN G PRIVATE DAMS DEEME D TO BE IN AN UNSAFE CONDITION 6
	1204	+	BY THE DEPARTMENT . 7
	1205	+
	1206	+	(II) LOANS MADE UN DER THIS SUBSECTION SHALL BE 8
	1207	+	ADMINISTERED BY THE MARYLAND WATER INFRASTRUCTURE FINANCING 9
	1208	+	ADMINISTRATION IN ACC ORDANCE WITH §§ 9–1604 AND 9–1606 OF THIS ARTICLE. 10
	1209	+
	1210	+	(2) (I) THE DEPARTMENT MAY ESTABL ISH CRITERIA FOR 11
	1211	+	AWARDING LOANS UNDER THE FUND. 12
	1212	+
	1213	+	(II) ELIGIBLE APPLICANTS M AY INCLUDE DAM OWNER S THAT: 13
	1214	+
	1215	+	1. HAVE AN APPROVED EMER GENCY ACTION PLAN IN 14
	1216	+	ACCORDANCE WITH § 5–503.1 OF THIS SUBTITLE; 15
	1217	+
	1218	+	2. HAVE HAD AN INSPECTIO N OF THE PRIVATE DAM 16
	1219	+	PERFORMED BY THE DEPARTMENT THAT DOCUM ENTS DEFICIENCIES IN 17
	1220	+	ACCORDANCE WITH § 5–509 OF THIS SUBTITLE WIT HIN THE PAST 24 MONTHS; 18
	1221	+
	1222	+	3. CAN DEMONSTRATE , WITH DOCUMENTATION , 19
	1223	+	ACTIONS TAKEN TO ADD RESS DEFICIENCIES IN DICATED IN INSPECTIO N REPORTS 20
	1224	+	PREPARED BY THE DEPARTMENT ; AND 21
	1225	+
	1226	+	4. HAVE DEMONSTRATED AN ABILITY TO REPAY A LOAN. 22
	1227	+
	1228	+	(3) EACH LOAN MAY BE IN A N AMOUNT THAT COVERS THE 23
	1229	+	REASONABLE AND NECES SARY ELIGIBLE COSTS OF A PROJECT, AS DETERMINED BY 24
	1230	+	THE DEPARTMENT , FOR WHICH FUNDS ARE SOUGHT BY THE APPLIC ANT AND THAT 25
	1231	+	ARE NOT PROVIDED BY OTHER AVAILABLE SOUR CES. 26
	1232	+
	1233	+	(4) A DAM OWNER MAY USE MU LTIPLE PROGRAMS OR S OURCES TO 27
	1234	+	FUND THE REPAIR OR R EMOVAL COSTS FOR A D AM IN AN UNSAFE COND ITION UP TO 28
	1235	+	100% OF THE COSTS. 29
	1236	+
	1237	+	(5) A DAM OWNER SEEKING A LOAN SHALL SUBMIT A COMPLETE LOAN 30
	1238	+	APPLICATION TO THE DEPARTMENT ON A FORM PROVIDED BY THE DEPARTMENT . 31 HOUSE BILL 245 27
1427	1239
1428	1240
1429	1241
1430		-	(2) THE DEPARTMENT MAY ESTABL ISH A PROTOCOL TO ST AGGER 1
1431		-	REGISTRATIONS OF AFF ECTED PROPERTY UNDER PART III OF THIS SUBTITLE TO 2
1432		-	EQUALLY DIVIDE REGIS TRATIONS OVER SEQUEN TIAL CALENDAR YEARS . 3
	1242	+	(6) THE REPAYMENT PERIOD FOR A LOAN MAY NOT E XCEED 20 1
	1243	+	YEARS. 2
1433	1244
1434		-	(d) An owner who fails to pay the fee imposed under this section is liable for a 4
1435		-	civil penalty of up to triple the amount of each registration fee unpaid that, together with 5
1436		-	all costs of collection, including reasonable attorney’s fees, shall be collected in a civil action 6
1437		-	in any court of competent jurisdiction. 7
	1245	+	(7) THE LOAN SHALL BE MAD E AT OR BELOW MARKET INTEREST 3
	1246	+	RATES. 4
1438	1247
1439		-	7–503. 8
	1248	+	(8) THE DEPARTMENT MAY CHARGE A LOAN ORIGINATION F EE THAT 5
	1249	+	MAY BE USED FOR THE REASONABLE COST OF A DMINISTERING THE LOAN PROGRAM . 6
1440	1250
1441		-	(a) There is a Voluntary Cleanup Program in the Department. 9
	1251	+	(9) IF THE DEPARTMENT DETERMINES THAT A DAM OWNER DOE S 7
	1252	+	NOT HAVE THE FINANCI AL RESOURCES TO REPA Y A LOAN GRANTED UND ER THIS 8
	1253	+	SUBSECTION, THE DEPARTMENT MAY , AT THE DEPARTMENT ’S DISCRETION , 9
	1254	+	AUTHORIZE PARTIAL FO RGIVENESS OF THE LOA N. 10
1442	1255
1443		-	(b) The purpose of the Voluntary Cleanup Program is to: 10
	1256	+	(10) FULL REPAYMENT OF THE LOAN SHALL BE REQUIR ED ON SALE OR 11
	1257	+	TRANSFER OF THE PROP ERTY. 12
1444	1258
1445		-	(1) Encourage the investigation of eligible properties with known or 11
1446		-	perceived contamination; 12
	1259	+	(11) (I) THE DEPARTMENT MAY ESTABL ISH REMEDIES FOR LOA N 13
	1260	+	RECIPIENTS WHO FAIL TO MEET REPAYMENT OB LIGATIONS UNDER THE LOAN 14
	1261	+	TERMS. 15
1447	1262
1448		-	(2) Protect public health and the environment where cleanup projects are 13
1449		-	being performed or need to be performed; 14
	1263	+	(II) IN ADDITION TO ANY OT HER ACTION AUTHORIZED BY THIS 16
	1264	+	SUBTITLE, THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER 17
	1265	+	PRINCIPAL, INTEREST, LATE FEES AND PENALT IES, ATTORNEY’S FEES, AND COSTS 18
	1266	+	FROM ANY LOAN RECIPI ENT THAT DEFAULTS ON THE LOAN RECIPIENT ’S 19
	1267	+	OBLIGATIONS UNDER TH E LOAN AGREEM ENT. 20
1450	1268
1451		-	(3) Accelerate cleanup of eligible properties; and 15
	1269	+	(III) 1. IN THE EVENT OF A DEF AULT ON A LOAN OBLIG ATION 21
	1270	+	ISSUED UNDER THIS SU BSECTION, THE DEPARTMENT MAY PLACE A LIEN AGAINST 22
	1271	+	THE PROPERTY THAT , SUBJECT TO THE TAX L IENS OF THE FEDERAL , STATE, AND 23
	1272	+	LOCAL GOVERNMENTS , SHALL HAVE THE SAME PRIORITY AND STATUS AS A LIEN O F 24
	1273	+	THE STATE FOR UNPAID TAXE S UNDER §§ 14–804 AND 14–805 OF THE TAX – 25
	1274	+	PROPERTY ARTICLE. 26
1452	1275
1453		-	(4) Provide predictability and finality to the cleanup of eligible properties. 16
	1276	+	2. THE DEPARTMENT MAY EXERCI SE THE SAME RIGHTS 27
	1277	+	AND POWERS IN ENFORC ING THE LIEN AND COL LECTING FUNDS FOR TH E PAYMENT 28
	1278	+	OF AMOUNTS IN DEFAUL T UNDER THE LOAN OBLIGATION AS THE STATE MAY 29
	1279	+	EXERCISE IN COLLECTI NG UNPAID TAXES UNDE R TITLE 14, SUBTITLE 8 OF THE 30
	1280	+	TAX – PROPERTY ARTICLE. 31
1454	1281
1455		-	7–506. 17
	1282	+	(12) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT 32
	1283	+	THIS SUBSECTION . 33 28 HOUSE BILL 245
1456	1284
1457		-	(a) (1) To participate in the Program, an applicant shall: 18
1458	1285
1459		-	(i) Submit an application, on a form provided by the Department, 19
1460		-	that includes: 20
1461	1286
1462		-	1~~. Information demonstrating to the satisfaction of the 21~~
1463		-	~~Department that~~ the ~~contamination did not result from~~ the ~~applicant knowingly or willfully 22~~
1464		-	~~violating any law or regulation concerning controlled hazardous substances;~~ 23
	1287	+	(I) ON OR BEFORE NOVEMBER 1, 2025, AND EACH NOVEMBER 1 1
	1288	+	THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , SUBJECT 2
	1289	+	TO § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 3
1465	1290
1466		-	2. Information demonstrating the person’s status as a 24
1467		-	responsible person or an inculpable person; 25
	1291	+	(1) THE STATUS OF THE FUND; 4
1468	1292
1469		-	~~3. Information demonstrating that~~ the ~~property is an eligible 26~~
1470		-	~~property as defined in § 7–501 of this subtitle~~; 27
	1293	+	(2) REVENUES, ENCUMBRANCES TO , AND EXPENDITURES FRO M THE 5
	1294	+	FUND; 6
1471	1295
1472		-	4. A detailed report with all available relevant information 28
1473		-	on environmental conditions including contamination at the eligible property known to the 29
1474		-	applicant at the time of the application; 30
	1296	+	(3) A DESCRIPTION OF THE P ROJECTS FUNDED BY TH E FUND; AND 7
	1297	+
	1298	+	(4) THE NUMBER OF APPLICA TIONS FOR FINANCIAL ASSISTANCE 8
	1299	+	FROM THE FUND THAT WERE DENIED . 9
	1300	+
	1301	+	5–514. 10
	1302	+
	1303	+	(a) (1) In addition to being subject to an injunctive action under this subtitle, 11
	1304	+	a person who violates any provision of this subtitle [relating to water appropriation and 12
	1305	+	use] or any [rule,] regulation, order, or permit adopted or issued under [any such provision] 13
	1306	+	THIS SUBTITLE is liable for a civil penalty not exceeding [$5,000] $10,000 per violation 14
	1307	+	to be collected in a civil action brought by the Department. 15
	1308	+
	1309	+	(2) Each day a violation occurs or continues is a separate violation under 16
	1310	+	this subsection. 17
	1311	+
	1312	+	(3) (i) Before bringing a civil action against a local government under 18
	1313	+	this subsection, the Department shall meet and consult with the local government to seek 19
	1314	+	an alternative resolution to the contested issue. 20
	1315	+
	1316	+	(ii) Prior consultation by the Department with the local government 21
	1317	+	shall constitute compliance with this subsection. 22
	1318	+
	1319	+	(b) A person who violates a provision of this subtitle or a regulation adopted under 23
	1320	+	this subtitle is subject to the penalties provided in § 9–343 of this article. 24
	1321	+
	1322	+	(c) (1) [All] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 25
	1323	+	SUBSECTION, ALL funds collected by the Department under this section, including any 26
	1324	+	civil penalty or any fine imposed by a court under the provisions of this section, shall be 27
	1325	+	paid into the Maryland Clean Water Fund. 28
	1326	+
	1327	+	(2) FUNDS COLLECTED BY TH E DEPARTMENT UNDER THIS SECTION 29
	1328	+	RELATING TO AN UNSAF E CONDITION, AS DEFINED UNDER § 5–509 OF THIS 30
	1329	+	SUBTITLE, SHALL BE PAID INTO T HE PRIVATE DAM REPAIR FUND. 31
	1330	+	HOUSE BILL 245 29
	1331	+
	1332	+
	1333	+	6–843. 1
	1334	+
	1335	+	(a) (1) Except as provided in this subsection and subsection (b) of this section, 2
	1336	+	and in cooperation with the Department of Housing and Community Development, the 3
	1337	+	State Department of Assessments and Taxation, and other appropriate governmental 4
	1338	+	units, the Department shall provide for the collection of [an annual] A fee for every rental 5
	1339	+	dwelling unit in the State. 6
	1340	+
	1341	+	(2) [The annual fee for an affected property is $30] FOR AN AFFECTED 7
	1342	+	PROPERTY, THE FEE: 8
	1343	+
	1344	+	(I) IS $120; AND 9
	1345	+
	1346	+	(II) SHALL BE COLLECTED BY THE DEPARTMENT ONCE EVERY 10
	1347	+	2 YEARS. 11
	1348	+
	1349	+	(3) (i) 1. Subject to the provisions of subparagraphs (ii) and (iii) of 12
	1350	+	this paragraph, on or before December 31, 2000, the [annual] fee for a rental dwelling unit 13
	1351	+	built after 1949 that is not an affected property is $5. 14
	1352	+
	1353	+	2. After December 31, 2000, there is no [annual] fee for a 15
	1354	+	rental dwelling unit built after 1949 that is not an affected property. 16
	1355	+
	1356	+	(ii) The owner of a rental dwelling unit built after 1949 that is not 17
	1357	+	an affected property may not be required to pay the fee provided under this paragraph if 18
	1358	+	the owner certifies to the Department that the rental dwelling unit is lead free pursuant to 19
	1359	+	§ 6–804 of this subtitle. 20
	1360	+
	1361	+	(iii) An owner of a rental dwelling unit who submits a report to the 21
	1362	+	Department that the rental dwelling unit is lead free pursuant to § 6–804 of this subtitle 22
	1363	+	shall include a [$10] $50 processing fee with the report. 23
	1364	+
	1365	+	(b) The fees imposed under this section do not apply to any rental dwelling unit: 24
	1366	+
	1367	+	(1) Built after 1978; or 25
	1368	+
	1369	+	(2) Owned and operated by a unit of federal, State, or local government, or 26
	1370	+	any public, quasi–public, or municipal corporation. 27
	1371	+
	1372	+	(c) (1) The fee imposed under this section shall be paid on or before December 28
	1373	+	31, 1995, or the date of registration of the affected property under Part III of this subtitle 29
	1374	+	and on or before December 31 [of each] EVERY OTHER year thereafter or according to a 30
	1375	+	schedule established by the Department by regulation. 31
	1376	+
	1377	+	(2) THE DEPARTMENT MAY ESTABL ISH A PROTOCOL TO ST AGGER 32
	1378	+	REGISTRATIONS OF AFF ECTED PROPERTY UNDER PART III OF THIS SUBTITLE TO 33 30 HOUSE BILL 245
	1379	+
	1380	+
	1381	+	EQUALLY DIVIDE REGIS TRATIONS OVER SEQUEN TIAL CALENDAR YEARS . 1
	1382	+
	1383	+	(d) An owner who fails to pay the fee imposed under this section is liable for a 2
	1384	+	civil penalty of up to triple the amount of each registration fee unpaid that, together with 3
	1385	+	all costs of collection, including reasonable attorney’s fees, shall be collected in a civil action 4
	1386	+	in any court of competent jurisdiction. 5
	1387	+
	1388	+	7–503. 6
	1389	+
	1390	+	(a) There is a Voluntary Cleanup Program in the Department. 7
	1391	+
	1392	+	(b) The purpose of the Voluntary Cleanup Program is to: 8
	1393	+
	1394	+	(1) Encourage the investigation of eligible properties with known or 9
	1395	+	perceived contamination; 10
	1396	+
	1397	+	(2) Protect public health and the environment where cleanup projects are 11
	1398	+	being performed or need to be performed; 12
	1399	+
	1400	+	(3) Accelerate cleanup of eligible properties; and 13
	1401	+
	1402	+	(4) Provide predictability and finality to the cleanup of eligible properties. 14
	1403	+
	1404	+	7–506. 15
	1405	+
	1406	+	(a) (1) To participate in the Program, an applicant shall: 16
	1407	+
	1408	+	(i) Submit an application, on a form provided by the Department, 17
	1409	+	that includes: 18
	1410	+
	1411	+	1. Information demonstrating to the satisfaction of the 19
	1412	+	Department that the contamination did not result from the applicant knowingly or willfully 20
	1413	+	violating any law or regulation concerning controlled hazardous substances; 21
	1414	+
	1415	+	2. Information demonstrating the person’s status as a 22
	1416	+	responsible person or an inculpable person; 23
	1417	+
	1418	+	3. Information demonstrating that the property is an eligible 24
	1419	+	property as defined in § 7–501 of this subtitle; 25
	1420	+
	1421	+	4. A detailed report with all available relevant information 26
	1422	+	on environmental conditions including contamination at the eligible property known to the 27
	1423	+	applicant at the time of the application; 28
	1424	+
	1425	+	5. An environmental site assessment that includes: 29
	1426	+
	1427	+	A. Established Phase I site assessment standards and follows 30 HOUSE BILL 245 31
	1428	+
	1429	+
	1430	+	principles established by the American Society for Testing and Materials and that 1
	1431	+	demonstrates to the satisfaction of the Department that the assessment has been conducted 2
	1432	+	in accordance with those standards and principles; and 3
	1433	+
	1434	+	B. A Phase II site assessment unless the Department 4
	1435	+	concludes, after review of the Phase I site assessment, that there is sufficient information 5
	1436	+	to determine that there are no recognized environmental conditions, as defined by the 6
	1437	+	American Society for Testing and Materials; and 7
	1438	+
	1439	+	6. A description, in summary form, of a proposed voluntary 8
	1440	+	cleanup project that includes the proposed cleanup criteria under § 7–508 of this subtitle 9
	1441	+	and the proposed future use of the property, if appropriate; and 10
	1442	+
	1443	+	(ii) Subject to paragraph (2) of this subsection, pay to the 11
	1444	+	Department: 12
	1445	+
	1446	+	1. An initial application fee of [$6,000] $10,000 which the 13
	1447	+	Department may reduce on a demonstration of financial hardship in accordance with 14
	1448	+	subsection (b) of this section; 15
	1449	+
	1450	+	2. An application fee of $2,000 for each application submitted 16
	1451	+	subsequent to the initial application for the same property; [and] 17
	1452	+
	1453	+	3. An application fee of $2,000 for each application submitted 18
	1454	+	subsequent to the initial application for contiguous or adjacent properties that are part of 19
	1455	+	the same planned unit development or a similar development plan; AND 20
	1456	+
	1457	+	4. IF THE DIRECT COSTS O F REVIEW OF THE 21
	1458	+	APPLICATION AND ADMI NISTRATION AND OVERS IGHT OF THE RESPONSE ACTION 22
	1459	+	PLAN EXCEED THE APPL ICATION FEE, THE ADDITIONAL COSTS INCURRED BY THE 23
	1460	+	DEPARTMENT . 24
	1461	+
	1462	+	(2) If an applicant certifies that the applicant intends to use the eligible 25
	1463	+	property to generate clean or renewable energy, the Department shall waive the fees 26
	1464	+	required under paragraph (1)(ii) of this subsection. 27
	1465	+
	1466	+	(b) The Department shall adopt regulations to establish criteria for determining 28
	1467	+	whether an applicant has: 29
	1468	+
	1469	+	(1) Demonstrated financial hardship; or 30
	1470	+
	1471	+	(2) Certified that the applicant intends to use the eligible property to 31
	1472	+	generate clean or renewable energy. 32
	1473	+
	1474	+	9–283. 33
1475	1475		32 HOUSE BILL 245
1476	1476
1477	1477
1478		-	5. An environmental site assessment that includes: 1
	1478	+	(a) Except as provided in subsection (c) of this section, by regulation, the 1
	1479	+	Department shall establish and collect a fee to be paid by a generator of coal combustion 2
	1480	+	by–products, based on a per ton rate of coal combustion by–products generated by the 3
	1481	+	generator annually. 4
1479	1482
1480		-	A. Established Phase I site assessment standards and follows 2
1481		-	principles established by the American Society for Testing and Materials and that 3
1482		-	demonstrates to the satisfaction of the Department that the assessment has been conducted 4
1483		-	in accordance with those standards and principles; and 5
	1483	+	(b) The Department shall base the fees on the following factors: 5
1484	1484
1485		-	B. A Phase II site assessment unless the Department 6
1486		-	concludes, after review of the Phase I site assessment, that there is sufficient information 7
1487		-	to determine that there are no recognized environmental conditions, as defined by the 8
1488		-	American Society for Testing and Materials; and 9
	1485	+	(1) The total annual tonnage of coal combustion by–products that the 6
	1486	+	generator generates; 7
1489	1487
1490		-	6. A description, in summary form, of a proposed voluntary 10
1491		-	cleanup project that includes the proposed cleanup criteria under § 7–508 of this subtitle 11
1492		-	and the proposed future use of the property, if appropriate; and 12
	1488	+	(2) The type and volume of coal combustion by–products generated by the 8
	1489	+	generator; 9
1493	1490
1494		-	(ii) ~~Subject to paragraph (2)~~ of ~~this subsection, pay to~~ the 13
1495		-	~~Department: 14~~
	1491	+	(3) Whether the generator uses or disposes of the coal combustion 10
	1492	+	by–products; 11
1496	1493
1497		-	1. An initial application fee of [$6,000] $10,000 which the 15
1498		-	Department may reduce on a demonstration of financial hardship in accordance with 16
1499		-	subsection (b) of this section; 17
	1494	+	(4) To the extent that the coal combustion by–products are used rather 12
	1495	+	than disposed of, the types of the uses; 13
1500	1496
1501		-	~~2. An application fee of $2,000~~ for ~~each application submitted 18~~
1502		-	~~subsequent to the initial application for the same property~~; [and] 19
	1497	+	(5) Whether the coal combustion by–products are transported for use or 14
	1498	+	disposal out–of–state; [and] 15
1503	1499
1504		-	3. An application fee of $2,000 for each application submitted 20
1505		-	subsequent to the initial application for contiguous or adjacent properties that are part of 21
1506		-	the same planned unit development or a similar development plan; AND 22
	1500	+	(6) THE VOLUME OF COAL CO MBUSTION BY –PRODUCTS THAT HAVE 16
	1501	+	BEEN DISPOSED OF AN D REMAIN IN LANDFILLS OR OTHER STORAGE UNI TS IN THE 17
	1502	+	STATE THAT ARE SUBJECT TO INSPECTION AND MONIT ORING, NOT INCLUDING COAL 18
	1503	+	COMBUSTION BY –PRODUCTS THAT HAVE B EEN: 19
1507	1504
1508		-	4. IF THE DIRECT COSTS O F REVIEW OF THE 23
1509		-	APPLICATION AND ADMI NISTRATION AND OVERS IGHT OF THE RESPONSE ACTION 24
1510		-	PLAN EXCEED THE APPL ICATION FEE, THE ADDITIONAL COSTS INCURRED BY THE 25
1511		-	DEPARTMENT . 26
	1505	+	(I) ADDED TO CEMENT PRODU CTS; 20
1512	1506
1513		-	(2) If an applicant certifies that the applicant intends to use the eligible 27
1514		-	property to generate clean or renewable energy, the Department shall waive the fees 28
1515		-	required under paragraph (1)(ii) of this subsection. 29
	1507	+	(II) USED IN COAL MINE REC LAMATION; OR 21
1516	1508
1517		-	(b) The ~~Department shall adopt regulations to establish criteria for determining 30~~
1518		-	~~whether an applicant has:~~ 31
	1509	+	(III) BENEFICIALLY REUSED I N A MANNER ACCEPTABL E TO THE 22
	1510	+	DEPARTMENT ; AND 23
1519	1511
1520		-	(1) ~~Demonstrated financial hardship;~~ ~~or 32~~
	1512	+	(7) Other factors the Department considers appropriate. 24
1521	1513
1522		-	(2) Certified that the applicant intends to use the eligible property to 33
1523		-	generate clean or renewable energy. 34 HOUSE BILL 245 33
	1514	+	(c) The Department may not establish or impose a fee on coal combustion 25
	1515	+	by–products that are: 26
	1516	+
	1517	+	(1) Beneficially used, as the Department determines; or 27
	1518	+
	1519	+	(2) Used for coal mine reclamation in accordance with regulations the 28
	1520	+	Department adopts or with regulations of the receiving state. 29
	1521	+
	1522	+	(d) Fees imposed on coal combustion by–products that are transported for use or 30
	1523	+	disposal out–of–state may not exceed 50% of the fees established for disposal in–State. 31 HOUSE BILL 245 33
1524	1524
1525	1525
1526	1526
1527		-	9–283. 1
	1527	+	(e) The fees collected by the Department under this section shall be deposited into 1
	1528	+	the Fund and used in accordance with § 9–284 of this subtitle. 2
1528	1529
1529		-	(a) Except as provided in subsection (c) of this section, by regulation, the 2
1530		-	Department shall establish and collect a fee to be paid by a generator of coal combustion 3
1531		-	by–products, based on a per ton rate of coal combustion by–products generated by the 4
1532		-	generator annually. 5
	1530	+	(f) The fees imposed shall be set at the rate necessary to implement the purposes 3
	1531	+	set forth in § 9–284 of this subtitle. 4
1533	1532
1534		-	(b) The Department shall base the fees on the following factors: 6
	1533	+	(g) In any fiscal year, if the fee schedule established by the Department generates 5
	1534	+	revenue that exceeds the amount necessary to operate a regulatory program to control the 6
	1535	+	management of coal combustion by–products, the Department shall reduce the fees in the 7
	1536	+	following fiscal year. 8
1535	1537
1536		-	(1) The total annual tonnage of coal combustion by–products that the 7
1537		-	generator generates; 8
	1538	+	9–320. 9
1538	1539
1539		-	(2) The type and volume of coal combustion by–products generated by the 9
1540		-	generator; 10
	1540	+	(b) The following payments shall be made into the Maryland Clean Water Fund: 10
1541	1541
1542		-	(3) Whether the generator uses or disposes of the coal combustion 11
1543		-	by–products; 12
	1542	+	(1) All application fees, permit fees, renewal fees, and funds collected by 11
	1543	+	the Department under this subtitle, including any civil or administrative penalty or any 12
	1544	+	fine imposed by a court under the provisions of this subtitle; 13
1544	1545
1545		-	(4) To the ~~extent that the coal combustion by–products are used rather 13~~
1546		-	~~than disposed of~~, ~~the types~~ of ~~the uses~~; 14
	1546	+	(2) Any civil penalty or any fine imposed by a court under the provisions of 14
	1547	+	Title 5, Subtitle 5 of this article relating to water appropriation and use; 15
1547	1548
1548		-	(5) ~~Whether the coal combustion by–products are transported for use~~ or 15
1549		-	~~disposal out–~~of~~–state~~; ~~[and] 16~~
	1549	+	(3) Any civil or administrative penalty or any fine imposed by a court under 16
	1550	+	the provisions of Title 4, Subtitle 1 of this article; 17
1550	1551
1551		-	(6) THE VOLUME OF COAL CO MBUSTION BY –PRODUCTS THAT HAVE 17
1552		-	BEEN DISPOSED OF AN D REMAIN IN LANDFILLS OR OTHER STORAGE UNI TS IN THE 18
1553		-	STATE THAT ARE SUBJECT TO INSPECTION AND MONIT ORING, NOT INCLUDING COAL 19
1554		-	COMBUSTION BY –PRODUCTS THAT HAVE BEEN : 20
	1552	+	(4) Any fees or funds that the Department collects under Subtitle 2, Part 18
	1553	+	III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 19
	1554	+	or fine imposed by a court under the provisions of Subtitle 2 of this title; [and] 20
1555	1555
1556		-	(I) ADDED TO CEMENT PRODU CTS; 21
	1556	+	(5) Any fees or funds that the Department collects under Subtitle 24 of this 21
	1557	+	title and any civil or administrative penalty or fine imposed by a court under the provisions 22
	1558	+	of Subtitle 24 of this title; AND 23
1557	1559
1558		-	(II) USED IN COAL MINE REC LAMATION; OR 22
	1560	+	(6) ANY OTHER FEES LEGALL Y AUTHORIZED TO BE P AID INTO THE 24
	1561	+	MARYLAND CLEAN WATER FUND. 25
1559	1562
1560		-	(III) BENEFICIALLY REUSED I N A MANNER ACCEPTABL E TO THE 23
1561		-	DEPARTMENT ; AND 24
	1563	+	9–1606. 26
1562	1564
1563		-	(7) Other factors the Department considers appropriate. 25
	1565	+	(a) (1) A loan made by the Administration shall be evidenced by a loan 27
	1566	+	agreement. 28
1564	1567
1565		-	(c) The Department may not establish or impose a fee on coal combustion 26
1566		-	by–products that are: 27
	1568	+	(2) Loans made from the Water Quality Fund, except for loans made in 29
	1569	+	accordance with § 9–1605(d)(9) of this subtitle, shall be subject to the provisions of § 30
	1570	+	9–1605(d)(1) of this subtitle. 31
	1571	+	34 HOUSE BILL 245
1567	1572
1568		-	(1) Beneficially used, as the Department determines; or 28
1569	1573
1570		-	(2) Used for coal mine reclamation in accordance with regulations the 29
1571		-	Department adopts or with regulations of the receiving state. 30 34 HOUSE BILL 245
	1574	+	(3) Loans made from the Drinking Water Loan Fund, except for loans made 1
	1575	+	in accordance with § 9–1605.1(d)(10) of this subtitle, shall be subject to the provisions of § 2
	1576	+	9–1605.1(d)(1) of this subtitle. 3
	1577	+
	1578	+	(4) LOANS MADE FROM THE PRIVATE DAM REPAIR FUND SHALL BE 4
	1579	+	SUBJECT TO THE PROVI SIONS OF § 5–509.2 OF THIS ARTICLE. 5
	1580	+
	1581	+	(5) Subject to the provisions of any applicable bond resolution, the 6
	1582	+	Administration may consent to the modification, with respect to rate of interest, time of 7
	1583	+	payment of any installment of principal or interest, security, or any other term of any loan 8
	1584	+	agreement or loan obligation. 9
	1585	+
	1586	+	(6) In connection with any security received by or owned by the 10
	1587	+	Administration, including any loan obligations, the Administration may commence any 11
	1588	+	action to protect or enforce the rights conferred upon it by any law or loan agreement or 12
	1589	+	loan obligation. 13
	1590	+
	1591	+	(b) Notwithstanding any other provision of public general or public local law, 14
	1592	+	charter, or ordinance, a borrower may issue and sell loan obligations to the Administration: 15
	1593	+
	1594	+	(1) At private sale, without public bidding; 16
	1595	+
	1596	+	(2) Without regard to any limitations on the denomination of such 17
	1597	+	obligations; and 18
	1598	+
	1599	+	(3) At any interest rate or cost or at any price that the borrower considers 19
	1600	+	necessary or desirable. 20
	1601	+
	1602	+	(c) A borrower may pay any fees or charges necessary to enable the 21
	1603	+	Administration to sell its bonds, including any fees for the insurance of its loan obligations 22
	1604	+	or bonds of the Administration, or to provide any other guarantee, credit enhancement, or 23
	1605	+	additional security for any such loan obligations or bonds. 24
	1606	+
	1607	+	(d) (1) Notwithstanding any other provision of public general or public local 25
	1608	+	law, charter, or ordinance, a borrower may agree with the Administration to pledge any 26
	1609	+	[moneys] MONEY that the borrower is entitled to receive from the State, including the 27
	1610	+	borrower’s share of the State income tax, to secure its obligations under a loan agreement. 28
	1611	+
	1612	+	(2) The State Comptroller and the State Treasurer shall cause any 29
	1613	+	[moneys] MONEY withheld under such a pledge to be paid to, or applied at the direction of, 30
	1614	+	the Administration. 31
	1615	+
	1616	+	(e) Each loan agreement shall contain a provision whereby the borrower 32
	1617	+	acknowledges and agrees that [the]: 33
	1618	+
	1619	+	(1) THE borrower’s loan obligation is cancelable only upon repayment in 34 HOUSE BILL 245 35
	1620	+
	1621	+
	1622	+	full; and [that neither] 1
	1623	+
	1624	+	(2) NEITHER the Administration, the Secretary, nor the Board is 2
	1625	+	authorized to forgive the repayment of all or any portion of the loan, except for [loans]: 3
	1626	+
	1627	+	(I) LOANS to disadvantaged communities, pursuant to the federal 4
	1628	+	Safe Drinking Water Act[, and loans]; 5
	1629	+
	1630	+	(II) LOANS made in accordance w ith §§ 9–1605(d)(9) and 6
	1631	+	9–1605.1(d)(10) of this subtitle; AND 7
	1632	+
	1633	+	(III) LOANS MADE IN ACCORDA NCE WITH § 5–509.2(H) OF THIS 8
	1634	+	ARTICLE. 9
	1635	+
	1636	+	(f) (1) In the event of a default on a loan obligation by a borrower other than 10
	1637	+	a local government, the Administration may place a lien against property of the borrower 11
	1638	+	securing the loan which, subject to the tax liens of the federal, State, and local governments, 12
	1639	+	shall have the same priority and status as a lien of the State for unpaid taxes under §§ 13
	1640	+	14–804 and 14–805 of the Tax – Property Article. 14
	1641	+
	1642	+	(2) The Administration may exercise the same rights and powers in 15
	1643	+	enforcing such lien and collecting funds for the payment of amounts in default under the 16
	1644	+	loan obligation as the State may exercise in collecting unpaid taxes under Title 14, Subtitle 17
	1645	+	8 of the Tax – Property Article. 18
	1646	+
	1647	+	15–807. 19
	1648	+
	1649	+	(a) Except as otherwise provided in this subtitle, a person may not engage in 20
	1650	+	surface mining within the State without first obtaining a surface mining license. 21
	1651	+
	1652	+	(b) (1) An application for a license shall be in writing and on a form prepared 22
	1653	+	and furnished by the Department. 23
	1654	+
	1655	+	(2) If the application is made by a corporation, partnership, or association 24
	1656	+	[it] THE APPLICATION shall contain information concerning its officers, directors, and 25
	1657	+	principal owners, as the Department reasonably requires. 26
	1658	+
	1659	+	(c) (1) The application shall be accompanied by a [$300] $500 fee. 27
	1660	+
	1661	+	(2) (I) The license shall be renewable annually[, and the]. 28
	1662	+
	1663	+	(II) THE renewal fee is [$150] $300. 29
	1664	+
	1665	+	(III) The application for renewal shall be made annually by January 30
	1666	+	1. 31 36 HOUSE BILL 245
1572	1667
1573	1668
1574	1669
1575		-	(d) Fees imposed on coal combustion by–products that are transported for use or 1
1576		-	disposal out–of–state may not exceed 50% of the fees established for disposal in–State. 2
	1670	+	(d) The Department may not issue any new surface mining license or renew any 1
	1671	+	existing surface mining license to any person if it finds, after investigation, that the 2
	1672	+	applicant has failed and continues to fail to comply with any of the provisions of this 3
	1673	+	subtitle. 4
1577	1674
1578		-	(e) The fees collected by the Department under this section shall be deposited into 3
1579		-	the Fund and used in accordance with § 9–284 of this subtitle. 4
	1675	+	(e) A license under this section is not required for the following activities: 5
1580	1676
1581		-	(f) The ~~fees imposed shall be set at the rate necessary to implement the purposes 5~~
1582		-	~~set forth~~ in ~~§ 9–284 of this subtitle. 6~~
	1677	+	(1) Those aspects of deep mining that do not have a significant effect on the 6
	1678	+	surface, if the affected land does not exceed 3 acres in area; 7
1583	1679
1584		-	(g) In any fiscal year, if the fee schedule established by the Department generates 7
1585		-	revenue that exceeds the amount necessary to operate a regulatory program to control the 8
1586		-	management of coal combustion by–products, the Department shall reduce the fees in the 9
1587		-	following fiscal year. 10
	1680	+	(2) Operations engaged in processing minerals; 8
1588	1681
1589		-	9–320. 11
	1682	+	(3) Excavation or grading conducted solely in aid of on–site farming or 9
	1683	+	on–site construction for purposes other than surface mining; 10
1590	1684
1591		-	(b) The following payments shall be made into the Maryland Clean Water Fund: 12
	1685	+	(4) Removal of overburden and mining of limited amounts of any mineral 11
	1686	+	when done only for the purpose of prospecting and to the extent necessary to determine the 12
	1687	+	location, quantity, or quality of any natural deposit, if no minerals are sold, processed for 13
	1688	+	sale, or consumed in the regular operation of business; 14
1592	1689
1593		-	(1) ~~All application fees~~, ~~permit fees~~, ~~renewal fees,~~ and ~~funds collected by 13~~
1594		-	~~the Department under this subtitle,~~ ~~including~~ any ~~civil or administrative penalty or any 14~~
1595		-	~~fine imposed by~~ a ~~court under the provisions of this subtitle~~; 15
	1690	+	(5) The handling, processing, or storage of slag and stone on the premises 15
	1691	+	of a manufacturer as a part of any manufacturing process that requires stone as a raw 16
	1692	+	material or produces slag as a by–product; 17
1596	1693
1597		-	(2) ~~Any civil penalty or any fine imposed~~ by a ~~court under~~ the ~~provisions of 16~~
1598		-	~~Title 5, Subtitle 5 of this article relating to water appropriation and~~ use; 17
	1694	+	(6) The extraction of minerals by a landowner for the landowner’s own 18
	1695	+	noncommercial use from land owned or leased by the landowner; 19
1599	1696
1600		-	(3) Any civil or administrative penalty or any fine imposed by a court under 18
1601		-	the provisions of Title 4, Subtitle 1 of this article; 19
	1697	+	(7) Mining operations if the affected land does not exceed 1 acre in area; 20
1602	1698
1603		-	(4) ~~Any fees~~ or ~~funds that~~ the ~~Department collects under Subtitle 2, Part 20~~
1604		-	~~III~~ of ~~this title and §§ 9–269 and 9–270 of this title and any civil~~ or ~~administrative penalty 21~~
1605		-	~~or fine imposed by a court under~~ the ~~provisions of Subtitle 2~~ of this ~~title~~; ~~[and] 22~~
	1699	+	(8) Dredging from submerged public or private lands in the State if this 21
	1700	+	activity is conducted under a license from the State Board of Public Works or by permit 22
	1701	+	from the Department, as provided for in Title 16 of this article; or 23
1606	1702
1607		-	(5) Any fees or funds that the Department collects under Subtitle 24 of this 23
1608		-	title and any civil or administrative penalty or fine imposed by a court under the provisions 24
1609		-	of Subtitle 24 of this title; AND 25
	1703	+	(9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits 24
	1704	+	for highway construction purposes or other public facilities, if the work is performed under 25
	1705	+	a bond, a contract, and the specifications of the Department that require reclamation of the 26
	1706	+	area affected in the manner provided by this subtitle. 27
1610	1707
1611		-	(6) ANY ~~OTHER FEES LEGALL Y AUTHORIZED TO BE P AID INTO~~ THE 26
1612		-	~~MARYLAND CLEAN WATER FUND~~. 27
	1708	+	(f) (1) Any person who violates the provisions of this section is guilty of a 28
	1709	+	misdemeanor and, on conviction, is subject to a fine of not more than $10,000. 29
1613	1710
1614		-	~~9–1606~~. 28
	1711	+	(2) The fine shall be paid to the Surface Mined Land Reclamation Fund. 30
1615	1712
1616		-	(a) (1) A loan made by the Administration shall be evidenced by a loan 29
1617		-	agreement. 30
	1713	+	15–815. 31
1618	1714
1619		-	(2) ~~Loans made from the Water Quality Fund, except for loans made~~ in 31 HOUSE BILL 245 35
	1715	+	(a) (1) Any permittee engaged in surface mining under a surface mining 32 HOUSE BILL 245 37
1620	1716
1621	1717
1622		-	accordance with § 9–1605(d)(9) of this subtitle, shall be subject to the provisions of § 1
1623		-	9–1605(d)(1) of this subtitle. 2
	1718	+	permit may apply at any time for modification of the permit. 1
1624	1719
1625		-	(3) Loans made from the Drinking Water Loan Fund, except for loans made 3
1626		-	in accordance with § 9–1605.1(d)(10) of this subtitle, shall be subject to the provisions of § 4
1627		-	9–1605.1(d)(1) of this subtitle. 5
	1720	+	(2) The application shall be in writing on forms furnished by the 2
	1721	+	Department and fully state the information called for. 3
1628	1722
1629		-	(4) LOANS MADE FROM THE PRIVATE DAM REPAIR FUND SHALL BE 6
1630		-	SUBJECT TO THE PROVI SIONS OF § 5–509.2 OF THIS ARTICLE. 7
	1723	+	(3) [In addition, the] THE applicant may be required to furnish [other] 4
	1724	+	ADDITIONAL information THAT the Department reasonably deems necessary to enforce 5
	1725	+	this subtitle. 6
1631	1726
1632		-	(5) Subject to the provisions of any applicable bond resolution, the 8
1633		-	Administration may consent to the modification, with respect to rate of interest, time of 9
1634		-	payment of any installment of principal or interest, security, or any other term of any loan 10
1635		-	agreement or loan obligation. 11
	1727	+	(4) [However, it is not necessary to resubmit information which has not 7
	1728	+	changed since the original application, if the applicant so states in writing] IF AN 8
	1729	+	APPLICANT STATES IN WRITING THAT INFORMATION HAS NOT CHANGED SINCE TH E 9
	1730	+	ORIGINAL APPLICATION , THE APPLICANT DOES N OT HAVE TO RESUBMIT THAT 10
	1731	+	INFORMATION . 11
1636	1732
1637		-	(6) In connection with any security received by or owned by the 12
1638		-	Administration, including any loan obligations, the Administration may commence any 13
1639		-	action to protect or enforce the rights conferred upon it by any law or loan agreement or 14
1640		-	loan obligation. 15
	1733	+	(b) (1) A modification under this section may affect [the]: 12
1641	1734
1642		-	(b) Notwithstanding any other provision of public general or public local law, 16
1643		-	charter, or ordinance, a borrower may issue and sell loan obligations to the Administration: 17
	1735	+	(I) THE land area covered by the permit[, the]; 13
1644	1736
1645		-	(1) At private sale, without public bidding; 18
	1737	+	(II) THE approved mining and reclamation plan coupled with the 14
	1738	+	permit[, or other]; OR 15
1646	1739
1647		-	(2) Without regard to any limitations on the denomination of such 19
1648		-	obligations; and 20
	1740	+	(III) OTHER terms and conditions of the permit. 16
1649	1741
1650		-	(3) ~~At any interest rate or cost or at any price that~~ the ~~borrower considers 21~~
1651		-	~~necessary or desirable~~. 22
	1742	+	(2) (I) A permit may be modified to include land contiguous to the 17
	1743	+	existing affected land, but not other lands. 18
1652	1744
1653		-	(c) ~~A borrower~~ may ~~pay~~ any ~~fees or charges necessary to enable the 23~~
1654		-	~~Administration to sell its bonds~~, ~~including any fees for~~ the ~~insurance of its loan obligations 24~~
1655		-	~~or bonds~~ of the ~~Administration, or to provide any other guarantee, credit enhancement, or 25~~
1656		-	~~additional security~~ for ~~any such loan obligations or bonds~~. 26
	1745	+	(II) The mining and reclamation plan may be modified in any 19
	1746	+	manner, if the Department determines that the modified plan fully meets the standards 20
	1747	+	set forth in § 15–822 of this subtitle and that the modifications would be generally 21
	1748	+	consistent with the bases for the issuance of the original permit. 22
1657	1749
1658		-	(d) (1) Notwithstanding any other provision of public general or public local 27
1659		-	law, charter, or ordinance, a borrower may agree with the Administration to pledge any 28
1660		-	[moneys] MONEY that the borrower is entitled to receive from the State, including the 29
1661		-	borrower’s share of the State income tax, to secure its obligations under a loan agreement. 30
	1750	+	(III) Other terms and conditions may be modified only if the 23
	1751	+	Department determines that the permit as modified would meet the requirements of §§ 24
	1752	+	15–808 and 15–810 of this subtitle. 25
1662	1753
1663		-	(2) The State Comptroller and the State Treasurer shall cause any 31
1664		-	[moneys] MONEY withheld under such a pledge to be paid to, or applied at the direction of, 32
1665		-	the Administration. 33
	1754	+	(IV) [No] A modification may NOT extend the expiration date of any 26
	1755	+	permit issued under this subtitle. 27
1666	1756
1667		-	(e) Each loan agreement shall contain a provision whereby the borrower 34 36 HOUSE BILL 245
	1757	+	(c) Except as otherwise provided in subsection (d) of this section, a [$100] $200 28
	1758	+	fee shall be charged for a permit modification. 29
1668	1759
1669		-
1670		-	acknowledges and agrees that [the]: 1
1671		-
1672		-	(1) THE borrower’s loan obligation is cancelable only upon repayment in 2
1673		-	full; and [that neither] 3
1674		-
1675		-	(2) NEITHER the Administration, the Secretary, nor the Board is 4
1676		-	authorized to forgive the repayment of all or any portion of the loan, except for [loans]: 5
1677		-
1678		-	(I) LOANS to disadvantaged communities, pursuant to the federal 6
1679		-	Safe Drinking Water Act[, and loans]; 7
1680		-
1681		-	(II) LOANS made in accordance with §§ 9–1605(d)(9) and 8
1682		-	9–1605.1(d)(10) of this subtitle; AND 9
1683		-
1684		-	(III) LOANS MADE IN ACCORDA NCE WITH § 5–509.2(H) OF THIS 10
1685		-	ARTICLE. 11
1686		-
1687		-	(f) (1) In the event of a default on a loan obligation by a borrower other than 12
1688		-	a local government, the Administration may place a lien against property of the borrower 13
1689		-	securing the loan which, subject to the tax liens of the federal, State, and local governments, 14
1690		-	shall have the same priority and status as a lien of the State for unpaid taxes under §§ 15
1691		-	14–804 and 14–805 of the Tax – Property Article. 16
1692		-
1693		-	(2) The Administration may exercise the same rights and powers in 17
1694		-	enforcing such lien and collecting funds for the payment of amounts in default under the 18
1695		-	loan obligation as the State may exercise in collecting unpaid taxes under Title 14, Subtitle 19
1696		-	8 of the Tax – Property Article. 20
1697		-
1698		-	15–807. 21
1699		-
1700		-	(a) Except as otherwise provided in this subtitle, a person may not engage in 22
1701		-	surface mining within the State without first obtaining a surface mining license. 23
1702		-
1703		-	(b) (1) An application for a license shall be in writing and on a form prepared 24
1704		-	and furnished by the Department. 25
1705		-
1706		-	(2) If the application is made by a corporation, partnership, or association 26
1707		-	[it] THE APPLICATION shall contain information concerning its officers, directors, and 27
1708		-	principal owners, as the Department reasonably requires. 28
1709		-
1710		-	(c) (1) The application shall be accompanied by a [$300] $500 fee. 29
1711		-
1712		-	(2) (I) The license shall be renewable annually[, and the]. 30
1713		-
1714		-	(II) THE renewal fee is [$150] $300. 31 HOUSE BILL 245 37
	1760	+	(d) [(1)] In addition to the fee required in subsection (c) of this section, a fee shall 30
	1761	+	be charged equal to [$12] $50 for each additional acre of affected land over and above the 31
	1762	+	amount of land covered in the original permit, for each year of operation. 32 38 HOUSE BILL 245
1715	1763
1716	1764
1717	1765
1718		-	(III) The application for renewal shall be made annually by January 1
1719		-	1. 2
	1766	+	[(2) The additional fee may not exceed $1,000 per year.] 1
1720	1767
1721		-	(d) The Department may not issue any new surface mining license or renew any 3
1722		-	existing surface mining license to any person if it finds, after investigation, that the 4
1723		-	applicant has failed and continues to fail to comply with any of the provisions of this 5
1724		-	subtitle. 6
	1768	+	(e) The Department shall approve and grant the permit modification requested 2
	1769	+	as expeditiously as possible but not later than 30 days after the application forms or any 3
	1770	+	supplemental information required are filed with the Department. 4
1725	1771
1726		-	(e) ~~A license under this section is not required for~~ the ~~following activities~~: 7
	1772	+	(f) The Department may deny the permit modification on finding: 5
1727	1773
1728		-	(1) ~~Those aspects~~ of ~~deep mining that do not have a significant effect on~~ the 8
1729		-	~~surface, if the affected land does not exceed 3 acres in area~~; 9
	1774	+	(1) An uncorrected violation of the type listed in § 15–810(b)(7) of this 6
	1775	+	subtitle; 7
1730	1776
1731		-	(2) Operations engaged in processing minerals; 10
	1777	+	(2) Failure to submit an adequate mining and reclamation plan in light of 8
	1778	+	conditions existing at the time of the modification; or 9
1732	1779
1733		-	(3) Excavation or grading conducted solely in aid of on–site farming or 11
1734		-	on–site construction for purposes other than surface mining; 12
	1780	+	(3) Failure or refusal to pay the modification fee. 10
1735	1781
1736		-	(4) Removal of overburden and mining of limited amounts of any mineral 13
1737		-	when done only for the purpose of prospecting and to the extent necessary to determine the 14
1738		-	location, quantity, or quality of any natural deposit, if no minerals are sold, processed for 15
1739		-	sale, or consumed in the regular operation of business; 16
	1782	+	(g) If the Department denies an application to modify a permit, the Department 11
	1783	+	shall give the permittee written notice of: 12
1740	1784
1741		-	(5) The handling, processing, or storage of slag and stone on the premises 17
1742		-	of a manufacturer as a part of any manufacturing process that requires stone as a raw 18
1743		-	material or produces slag as a by–product; 19
	1785	+	(1) The Department’s determination; 13
1744	1786
1745		-	(6) The extraction of minerals by a landowner for the landowner’s own 20
1746		-	noncommercial use from land owned or leased by the landowner; 21
	1787	+	(2) Any changes in the application which would make it acceptable; and 14
1747	1788
1748		-	(7) ~~Mining operations if~~ the ~~affected land does not exceed 1 acre in area;~~ 22
	1789	+	(3) The permittee’s right to a hearing at a stated time and place. 15
1749	1790
1750		-	(8) ~~Dredging from submerged public or private lands in~~ the ~~State if this 23~~
1751		-	~~activity is conducted under a license from~~ the ~~State Board~~ of ~~Public Works or by permit 24~~
1752		-	~~from the Department,~~ ~~as provided for in Title 16 of this article; or 25~~
	1791	+	(h) The date for the hearing may not be less than 15 days nor more than 30 days 16
	1792	+	after the date of the notice unless the Department and the permittee mutually agree on 17
	1793	+	another date. 18
1753	1794
1754		-	(9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits 26
1755		-	for highway construction purposes or other public facilities, if the work is performed under 27
1756		-	a bond, a contract, and the specifications of the Department that require reclamation of the 28
1757		-	area affected in the manner provided by this subtitle. 29
	1795	+	15–816. 19
1758	1796
1759		-	(f) (1) Any person who violates the provisions of this section is guilty of a 30
1760		-	misdemeanor and, on conviction, is subject to a fine of not more than $10,000. 31
	1797	+	(a) (1) The procedure to be followed and standards to be applied in renewing a 20
	1798	+	permit shall be the same as those for the initial application for a permit[, except that it is 21
	1799	+	not necessary to resubmit information which has not changed since the time of the original 22
	1800	+	application, if the applicant so states in writing]. 23
1761	1801
1762		-	(2) The fine shall be paid to the Surface Mined Land Reclamation Fund. 32
1763		-	38 HOUSE BILL 245
	1802	+	(2) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 24
	1803	+	NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES N OT HAVE 25
	1804	+	TO RESUBMIT THAT INF ORMATION. 26
	1805	+
	1806	+	(3) [However, the applicant may be required] THE DEPARTMENT MAY 27
	1807	+	REQUIRE AN APPLICANT to furnish other information the Department deems necessary 28
	1808	+	to evaluate the renewal request. 29
	1809	+
	1810	+	(4) In the absence of any changes in legal requirements for the issuance of 30 HOUSE BILL 245 39
1764	1811
1765	1812
1766		-	15–815. 1
	1813	+	a permit since the date on which the original permit was issued, the only basis for the denial 1
	1814	+	of a renewal permit shall be: 2
1767	1815
1768		-	~~(a)~~ (1) ~~Any permittee engaged~~ in ~~surface mining under a surface mining 2~~
1769		-	~~permit may apply at any time for modification of the permit. 3~~
	1816	+	[(1)] (I) An uncorrected violation of the type listed in § 15–810(b)(7) of 3
	1817	+	this subtitle; 4
1770	1818
1771		-	(2) ~~The application shall be~~ in ~~writing on forms furnished by the 4~~
1772		-	~~Department and fully state~~ the ~~information called for.~~ 5
	1819	+	[(2)] (II) Failure to submit an adequate mining and reclamation plan in 5
	1820	+	light of conditions existing at the time of renewal; or 6
1773	1821
1774		-	(3) [In addition, the] THE applicant may be required to furnish [other] 6
1775		-	ADDITIONAL information THAT the Department reasonably deems necessary to enforce 7
1776		-	this subtitle. 8
	1822	+	[(3)] (III) Failure or refusal to pay the renewal fee. 7
1777	1823
1778		-	(4) [However, it is not necessary to resubmit information which has not 9
1779		-	changed since the original application, if the applicant so states in writing] IF AN 10
1780		-	APPLICANT STATES IN WRITING THAT INFORMA TION HAS NOT CHANGED SINCE THE 11
1781		-	ORIGINAL APPLICATION , THE APPLICANT DOES N OT HAVE TO RESUBMIT THAT 12
1782		-	INFORMATION . 13
	1824	+	(b) Application for a renewal of a permit cannot be made any earlier than 1 year 8
	1825	+	prior to the expiration date of the original permit. 9
1783	1826
1784		-	(b) (1) A modification under this section may affect [the]: 14
	1827	+	(c) Except as otherwise provided in subsection (d) of this section, the fee to be 10
	1828	+	charged for a permit renewal shall be [$12] $50 for each acre of affected land for each year 11
	1829	+	of operation[, but not exceeding $1,000 per year]. 12
1785	1830
1786		-	(I) THE ~~land area covered by~~ the permit~~[, the]; 15~~
	1831	+	(d) The fee shall be paid annually during the term of the permit. 13
1787	1832
1788		-	(II) THE approved mining and reclamation plan coupled with the 16
1789		-	permit[, or other]; OR 17
	1833	+	(e) (1) If the term of a permit which is renewed exceeds 5 years, the permittee 14
	1834	+	shall pay additional fees, based on the formula in subsection (c) of this section, for each 15
	1835	+	5–year portion of the term of the renewed permit. 16
1790	1836
1791		-	(III) OTHER terms and conditions of the permit. 18
	1837	+	(2) These additional fees shall be paid to the Department within 1 year 17
	1838	+	before the completion of any 5–year portion of the term of the permit. 18
1792	1839
1793		-	(2) ~~(I)~~ A permit ~~may be modified to include land contiguous to~~ the 19
1794		-	~~existing affected land,~~ ~~but not other lands.~~ 20
	1840	+	(f) If the Department denies an application to renew a permit, the Department 19
	1841	+	shall give the permittee written notice of: 20
1795	1842
1796		-	(II) The mining and reclamation plan may be modified in any 21
1797		-	manner, if the Department determines that the modified plan fully meets the standards 22
1798		-	set forth in § 15–822 of this subtitle and that the modifications would be generally 23
1799		-	consistent with the bases for the issuance of the original permit. 24
	1843	+	(1) The Department’s determination; 21
1800	1844
1801		-	(III) Other terms and conditions may be modified only if the 25
1802		-	Department determines that the permit as modified would meet the requirements of §§ 26
1803		-	15–808 and 15–810 of this subtitle. 27
	1845	+	(2) Any changes in the application that would make it acceptable; and 22
1804	1846
1805		-	(IV) [No] A modification may NOT extend the expiration date of any 28
1806		-	permit issued under this subtitle. 29
	1847	+	(3) The permittee’s right to a hearing at a stated time and place. 23
1807	1848
1808		-	(c) Except as otherwise provided in subsection (d) of this section, a [$100] $200 30
1809		-	fee shall be charged for a permit modification. 31
1810		-	HOUSE BILL 245 39
	1849	+	(g) The date for the hearing may not be less than 15 days nor more than 30 days 24
	1850	+	after the date of the notice unless the Department and the permittee mutually agree on 25
	1851	+	another date. 26
	1852	+
	1853	+	Article – State Finance and Procurement 27
	1854	+
	1855	+	6–226. 28
	1856	+
	1857	+	(a) (2) (i) Notwithstanding any other provision of law, and unless 29
	1858	+	inconsistent with a federal law, grant agreement, or other federal requirement or with the 30 40 HOUSE BILL 245
1811	1859
1812	1860
1813		-	(d) [(1)] In addition to the fee required in subsection (c) of this section, a fee shall 1
1814		-	be charged equal to [$12] $50 $75 for each additional acre of affected land over and above 2
1815		-	the amount of land covered in the original permit, for each year of operation. 3
	1861	+	terms of a gift or settlement agreement, net interest on all State money allocated by the 1
	1862	+	State Treasurer under this section to special funds or accounts, and otherwise entitled to 2
	1863	+	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 3
	1864	+	Fund of the State. 4
1816	1865
1817		-	[(2) The additional fee may not exceed $1,000 per year: 4
	1866	+	(ii) The provisions of subparagraph (i) of this paragraph do not apply 5
	1867	+	to the following funds: 6
1818	1868
1819		-	~~(I) $10,000 IN FISCAL YEAR 2025~~; 5
	1869	+	189. the Teacher Retention and Development Fund; [and] 7
1820	1870
1821		-	~~(II) $10,500 IN FISCAL YEAR 2026~~; 6
	1871	+	190. the Protecting Against Hate Crimes Grant Fund; AND 8
1822	1872
1823		-	~~(III) $11,000 IN FISCAL YEAR 2027;~~ 7
	1873	+	191. THE PRIVATE DAM REPAIR FUND. 9
1824	1874
1825		-	(IV) $11,500 IN FISCAL YEAR 2028; AND 8
	1875	+	SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 4 –411(e) through 10
	1876	+	(g) of Article – Environment of the Annotated Code of Maryland be renumbered to be 11
	1877	+	Section(s) 4–411(d) through (f), respectively. 12
1826	1878
1827		-	~~(V) $12,000 IN FISCAL YEAR 2029~~ AND ~~EACH FISCAL YEAR 9~~
1828		-	~~THEREAFTER~~ .~~] 10~~
	1879	+	SECTION 4. AND BE IT FURTHER ENACTED, That Sections 2 and 3 of this Act 13
	1880	+	shall take effect July 1, 2024. 14
1829	1881
1830		-	(e) The Department shall approve and grant the permit modification requested 11
1831		-	as expeditiously as possible but not later than 30 days after the application forms or any 12
1832		-	supplemental information required are filed with the Department. 13
1833		-
1834		-	(f) The Department may deny the permit modification on finding: 14
1835		-
1836		-	(1) An uncorrected violation of the type listed in § 15–810(b)(7) of this 15
1837		-	subtitle; 16
1838		-
1839		-	(2) Failure to submit an adequate mining and reclamation plan in light of 17
1840		-	conditions existing at the time of the modification; or 18
1841		-
1842		-	(3) Failure or refusal to pay the modification fee. 19
1843		-
1844		-	(g) If the Department denies an application to modify a permit, the Department 20
1845		-	shall give the permittee written notice of: 21
1846		-
1847		-	(1) The Department’s determination; 22
1848		-
1849		-	(2) Any changes in the application which would make it acceptable; and 23
1850		-
1851		-	(3) The permittee’s right to a hearing at a stated time and place. 24
1852		-
1853		-	(h) The date for the hearing may not be less than 15 days nor more than 30 days 25
1854		-	after the date of the notice unless the Department and the permittee mutually agree on 26
1855		-	another date. 27
1856		-
1857		-	15–816. 28
1858		-	40 HOUSE BILL 245
1859		-
1860		-
1861		-	(a) (1) The procedure to be followed and standards to be applied in renewing a 1
1862		-	permit shall be the same as those for the initial application for a permit[, except that it is 2
1863		-	not necessary to resubmit information which has not changed since the time of the original 3
1864		-	application, if the applicant so states in writing]. 4
1865		-
1866		-	(2) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 5
1867		-	NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES NOT HAVE 6
1868		-	TO RESUBMIT THAT INF ORMATION. 7
1869		-
1870		-	(3) [However, the applicant may be required] THE DEPARTMENT MAY 8
1871		-	REQUIRE AN APPLICANT to furnish other information the Department deems necessary 9
1872		-	to evaluate the renewal request. 10
1873		-
1874		-	(4) In the absence of any changes in legal requirements for the issuance of 11
1875		-	a permit since the date on which the original permit was issued, the only basis for the denial 12
1876		-	of a renewal permit shall be: 13
1877		-
1878		-	[(1)] (I) An uncorrected violation of the type listed in § 15–810(b)(7) of 14
1879		-	this subtitle; 15
1880		-
1881		-	[(2)] (II) Failure to submit an adequate mining and reclamation plan in 16
1882		-	light of conditions existing at the time of renewal; or 17
1883		-
1884		-	[(3)] (III) Failure or refusal to pay the renewal fee. 18
1885		-
1886		-	(b) Application for a renewal of a permit cannot be made any earlier than 1 year 19
1887		-	prior to the expiration date of the original permit. 20
1888		-
1889		-	(c) Except as otherwise provided in subsection (d) of this section, the fee to be 21
1890		-	charged for a permit renewal shall be [$12] $50 for each acre of affected land for each year 22
1891		-	of operation[, but not exceeding $1,000 per year]: 23
1892		-
1893		-	(1) FOR AN OPERATOR WITH 5 ACRES OR LESS OF AFF ECTED LAND, 24
1894		-	$120 FOR EACH YEAR OF OPE RATION; OR 25
1895		-
1896		-	(2) FOR AN OPERATOR WITH MOR E THAN 5 ACRES OF AFFECTED 26
1897		-	LAND, $75 FOR EACH ACRE OF AFF ECTED LAND FOR EACH YEAR OF OPERATION BU T 27
1898		-	NOT EXCEEDING : 28
1899		-
1900		-	(I) $10,000 IN FISCAL YEAR 2025; 29
1901		-
1902		-	(II) $10,500 IN FISCAL YEAR 2026; 30
1903		-
1904		-	(III) $11,000 IN FISCAL YEAR 2027; 31 HOUSE BILL 245 41
1905		-
1906		-
1907		-
1908		-	(IV) $11,500 IN FISCAL YEAR 2028; AND 1
1909		-
1910		-	(V) $12,000 IN FISCAL YEAR 2029 AND EACH FISCAL YEAR 2
1911		-	THEREAFTER . 3
1912		-
1913		-	(d) The fee shall be paid annually during the term of the permit. 4
1914		-
1915		-	(e) (1) If the term of a permit which is renewed exceeds 5 years, the permittee 5
1916		-	shall pay additional fees, based on the formula in subsection (c) of this section, for each 6
1917		-	5–year portion of the term of the renewed permit. 7
1918		-
1919		-	(2) These additional fees shall be paid to the Department within 1 year 8
1920		-	before the completion of any 5–year portion of the term of the permit. 9
1921		-
1922		-	(f) If the Department denies an application to renew a permit, the Department 10
1923		-	shall give the permittee written notice of: 11
1924		-
1925		-	(1) The Department’s determination; 12
1926		-
1927		-	(2) Any changes in the application that would make it acceptable; and 13
1928		-
1929		-	(3) The permittee’s right to a hearing at a stated time and place. 14
1930		-
1931		-	(g) The date for the hearing may not be less than 15 days nor more than 30 days 15
1932		-	after the date of the notice unless the Department and the permittee mutually agree on 16
1933		-	another date. 17
1934		-
1935		-	Article – State Finance and Procurement 18
1936		-
1937		-	6–226. 19
1938		-
1939		-	(a) (2) (i) Notwithstanding any other provision of law, and unless 20
1940		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the 21
1941		-	terms of a gift or settlement agreement, net interest on all State money allocated by the 22
1942		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to 23
1943		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 24
1944		-	Fund of the State. 25
1945		-
1946		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply 26
1947		-	to the following funds: 27
1948		-
1949		-	189. the Teacher Retention and Development Fund; [and] 28
1950		-
1951		-	190. the Protecting Against Hate Crimes Grant Fund; AND 29
1952		-	42 HOUSE BILL 245
1953		-
1954		-
1955		-	191. THE PRIVATE DAM REPAIR FUND. 1
1956		-
1957		-	SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 4 –411(e) through 2
1958		-	(g) of Article – Environment of the Annotated Code of Maryland be renumbered to be 3
1959		-	Section(s) 4–411(d) through (f), respectively. 4
1960		-
1961		-	SECTION 4. AND BE IT FURTHER ENACTED, That this Act may not be construed 5
1962		-	to expand the definition or scope of what is considered a dam under State law and 6
1963		-	regulation. 7
1964		-
1965		-	SECTION 4. 5. AND BE IT FURTHER ENACTED, That Sections 2 and, 3, and 4 of 8
1966		-	this Act shall take effect July 1, 2024. 9
1967		-
1968		-	SECTION 5. 6. AND BE IT FURTHER ENACTED, That, except as provided in 10
1969		-	Section 4 5 of this Act, this Act shall take effect June 1, 2024. 11
1970		-
1971		-
1972		-
1973		-	Approved:
1974		-	________________________________________________________________________________
1975		-	Governor.
1976		-	________________________________________________________________________________
1977		-	Speaker of the House of Delegates.
1978		-	________________________________________________________________________________
1979		-	President of the Senate.
	1882	+	SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 15
	1883	+	4 of this Act, this Act shall take effect June 1, 2024. 16