MD
Maryland House Bill HB343

Maryland 2024 Regular Session

Maryland House Bill HB343 Compare Versions

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1- WES MOORE, Governor Ch. 807
21
3-– 1 –
4-Chapter 807
5-(House Bill 343)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0343*
810
9-Environment – Cox Creek Citizens Oversight Committee – Membership
10-Alterations Dredged Material – Containment, Redeposit, and Oversight
11+HOUSE BILL 343
12+M3 (4lr2429)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Energy, and the Environment —
15+Introduced by Delegate Munoz
1116
12-FOR the purpose of altering the membership of the Cox Creek Citizens Oversight
13-Committee; requiring the Committee to provide certain input and recommendations
14-to the Maryland Port Administration regarding certain management of dredged
15-material; and generally relating to the Cox Creek Citizens Oversight Committee
16-authorizing the Department of the Environment to approve the redeposit of certain
17-dredged material under certain circumstances; authorizing the Department to
18-approve contained areas at a large redevelopment site for the redeposit of certain
19-dredged material; authorizing the Board of Public Works to approve a license or an
20-amendment to a license for the deposit of certain dredged material; altering the
21-responsibilities of the Hart–Miller–Pleasure Island Citizens Oversight Committee;
22-and generally relating to the containment, redeposit, and oversight of dredged
23-material.
17+Read and Examined by Proofreaders:
2418
25-BY repealing and reenacting, with amendments,
26- Article – Environment
27-Section 5–1102.1, 5–1103, and 5–1104(c)
28- Annotated Code of Maryland
29- (2013 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3023
31-BY repealing and reenacting, without amendments,
32- Article – Environment
33-Section 5–1104(a)
34- Annotated Code of Maryland
35- (2013 Replacement Volume and 2023 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3625
37-BY repealing and reenacting, without amendments,
38- Article – Environment
39- Section 16–202(a)
40- Annotated Code of Maryland
41- (2014 Replacement Volume and 2023 Supplement)
26+_______ day of _______________ at ________________________ o’clock, ________M.
4227
43-BY repealing and reenacting, with amendments,
44- Article – Environment
45- Section 16–202(i)
46- Annotated Code of Maryland
47- (2014 Replacement Volume and 2023 Supplement)
48- Ch. 807 2024 LAWS OF MARYLAND
28+______________________________________________
29+Speaker.
4930
50-– 2 –
51- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
52-That the Laws of Maryland read as follows:
31+CHAPTER ______
5332
54-Article – Environment
33+AN ACT concerning 1
5534
56-5–1102.1.
35+Environment – Cox Creek Citizens Oversight Committee – Membership 2
36+Alterations Dredged Material – Containment, Redeposit, and Oversight 3
5737
58- (a) (1) The Governor shall appoint a Cox Creek Citizens Oversight Committee.
38+FOR the purpose of altering the membership of the Cox Creek Citizens Oversight 4
39+Committee; requiring the Committee to provide certain input and recommendations 5
40+to the Maryland Port Administration regarding certain management of dredged 6
41+material; and generally relating to the Cox Creek Citizens Oversight Committee 7
42+authorizing the Department of the Environment to approve the redeposit of certain 8
43+dredged material under certain circumstances; authorizing the Department to 9
44+approve contained areas at a large redevelopment site for the redeposit of certain 10
45+dredged material; authorizing the Board of Public Works to approve a license or an 11
46+amendment to a license for the deposit of certain dredged material; altering the 12
47+responsibilities of the Hart–Miller–Pleasure Island Citizens Oversight Committee; 13
48+and generally relating to the containment, redeposit, and oversight of dredged 14
49+material. 15 2 HOUSE BILL 343
5950
60- (2) The terms of the members of the Oversight Committee shall be
61-determined by the Governor.
6251
63- (b) The Oversight Committee shall be composed of the following members:
6452
65- (1) 2 members of the North County Land Trust 1 MEMBER OF THE LAND
66-TRUST THAT HOLDS THE CONSERVATION EASEMEN T OF THE COX CREEK FOREST
67-CONSERVATION EASEMENT AREA;
53+BY repealing and reenacting, with amendments, 1
54+ Article – Environment 2
55+Section 5–1102.1, 5–1103, and 5–1104(c) 3
56+ Annotated Code of Maryland 4
57+ (2013 Replacement Volume and 2023 Supplement) 5
6858
69- (2) 1 delegate to the Greater Pasadena Council who represents a
70-waterfront community;
59+BY repealing and reenacting, without amendments, 6
60+ Article – Environment 7
61+Section 5–1104(a) 8
62+ Annotated Code of Maryland 9
63+ (2013 Replacement Volume and 2023 Supplement) 10
7164
72- (3) 1 member of the Pasadena Sport Fishermen’s Group;
65+BY repealing and reenacting, without amendments, 11
66+ Article – Environment 12
67+ Section 16–202(a) 13
68+ Annotated Code of Maryland 14
69+ (2014 Replacement Volume and 2023 Supplement) 15
7370
74- (4) 1 member of the Anne Arundel County Watermen’s Association
75-INDIVIDUAL WHO REPRE SENTS RECREATIONAL B IRDING IN ANNE ARUNDEL
76-COUNTY;
71+BY repealing and reenacting, with amendments, 16
72+ Article – Environment 17
73+ Section 16–202(i) 18
74+ Annotated Code of Maryland 19
75+ (2014 Replacement Volume and 2023 Supplement) 20
7776
78- (5) [1 member of the Maryland Saltwater Sport Fishermen’s Association;
77+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
78+That the Laws of Maryland read as follows: 22
7979
80- (6)] 1 individual who represents the pleasure boating industry in Anne
81-Arundel County;
80+Article – Environment 23
8281
83- [(7)] (6) 1 member of the Pasadena Business Association;
82+5–1102.1. 24
8483
85- [(8)] (7) 1 member of the Restore Rock Creek organization;
84+ (a) (1) The Governor shall appoint a Cox Creek Citizens Oversight Committee. 25
8685
87- [(9)] (8) 1 member of the [South Baltimore Business Alliance]
88-BALTIMORE INDUSTRIAL GROUP;
86+ (2) The terms of the members of the Oversight Committee shall be 26
87+determined by the Governor. 27
8988
90- (9) 1 MEMBER OF THE STONEY BEACH ASSOCIATION 2 INDIVIDUALS
91-WHO REPRESENT A WATE RFRONT COMMUNITY IN THE NORTHERN PART OF ANNE
92-ARUNDEL COUNTY;
89+ (b) The Oversight Committee shall be composed of the following members: 28
9390
94- (10) 1 MEMBER OF THE RIVIERA BEACH RESIDENTS COUNCIL;
95- WES MOORE, Governor Ch. 807
91+ (1) 2 members of the North County Land Trust 1 MEMBER OF THE LAND 29
92+TRUST THAT HOLDS THE CONSERVATION EASEMEN T OF THE COX CREEK FOREST 30
93+CONSERVATION EASEMENT AREA; 31
9694
97-– 3 –
98- [(10)] (11) 1 resident of legislative district 31; and
95+ (2) 1 delegate to the Greater Pasadena Council who represents a 32
96+waterfront community; 33
97+ HOUSE BILL 343 3
9998
100- [(11)] (12) 1 resident of legislative district 46.
10199
102- (c) The Oversight Committee shall:
100+ (3) 1 member of the Pasadena Sport Fishermen’s Group; 1
103101
104- (1) Monitor the redeposit of Anne Arundel County dredged material and
105-other dredged material in the Cox Creek area MANAGEMENT OF DREDGE D MATERIAL
106-AT THE COX CREEK DREDGED MATERIAL CONTAINMENT FACILITY;
102+ (4) 1 member of the Anne Arundel County Watermen’s Association 2
103+INDIVIDUAL WHO REPRE SENTS RECREATIONAL B IRDING IN ANNE ARUNDEL 3
104+COUNTY; 4
107105
108- (2) (I) Hear and dispose ADVISE THE MARYLAND PORT
109-ADMINISTRATION of complaints lodged by individuals affected by the redeposit of Anne
110-Arundel County dredged material and other dredged material in the Cox Creek area; and
106+ (5) [1 member of the Maryland Saltwater Sport Fishermen’s Association; 5
111107
112- (II) PROVIDE INPUT AND FEE DBACK TO THE MARYLAND PORT
113-ADMINISTRATION REGARD ING THE MANAGEMENT O F DREDGED MATERIAL AT THE
114-COX CREEK DREDGED MATERIAL CONTAINMENT FACILITY; AND
108+ (6)] 1 individual who represents the pleasure boating industry in Anne 6
109+Arundel County; 7
115110
116- (III) MAKE RECOMMENDATIONS TO THE MARYLAND PORT
117-ADMINISTRATION ON THE POTENTIAL IMPACT THA T ACTIVITIES AT THE
118-CONTAINMENT FACILITY MAY HAVE ON NEARBY C OMMUNITIES AND NATUR AL
119-RESOURCES; AND
111+ [(7)] (6) 1 member of the Pasadena Business Association; 8
120112
121- (3) Appoint a member from the Committee to serve as a liaison to the
122-Innovative [Use Advisory Council] REUSE COMMITTEE.
113+ [(8)] (7) 1 member of the Restore Rock Creek organization; 9
123114
124-5–1103.
115+ [(9)] (8) 1 member of the [South Baltimore Business Alliance] 10
116+BALTIMORE INDUSTRIAL GROUP; 11
125117
126- (a) IN THIS SECTION, “LARGE REDEVELOPMENT SITE” HAS THE MEANING
127-STATED IN § 4–101.1 OF THIS ARTICLE.
118+ (9) 1 MEMBER OF THE STONEY BEACH ASSOCIATION 2 INDIVIDUALS 12
119+WHO REPRESENT A WATE RFRONT COMMUNITY IN THE NORTHERN PART OF ANNE 13
120+ARUNDEL COUNTY; 14
128121
129- (B) (1) [Except for dredge spoil from local dredging projects initiated by
130-Baltimore County in the waters of Baltimore County, the] THE Department may not approve
131-any contained area for the redeposit of [spoil] DREDGED MATERIAL within 5 miles of the
132-Hart–Miller–Pleasure Island chain in Baltimore County EXCEPT FOR:
122+ (10) 1 MEMBER OF THE RIVIERA BEACH RESIDENTS COUNCIL; 15
133123
134- (I) DREDGE SPOIL FROM LOC AL DREDGING PROJECTS
135-INITIATED BY BALTIMORE COUNTY IN THE WATERS OF BALTIMORE COUNTY; OR
124+ [(10)] (11) 1 resident of legislative district 31; and 16
136125
137- (II) CONTAINED AREAS FOR T HE REDEPOSIT OF DRED GED
138-MATERIAL AT A LARGE REDEVELOPMENT SITE .
139- Ch. 807 2024 LAWS OF MARYLAND
126+ [(11)] (12) 1 resident of legislative district 46. 17
140127
141-– 4 –
142- (2) A contained area described in paragraph [(1)] (1)(I) of this subsection
143-may not exceed the approximately 1,100 acre size provided in the projects U.S. Army Corps
144-of Engineers permit dated November 22, 1976.
128+ (c) The Oversight Committee shall: 18
145129
146- (3) (i) Subject to [subparagraph] SUBPARAGRAPHS (ii) AND (III) of
147-this paragraph, dredge spoil may not be deposited in the Hart–Miller Island Dredged
148-Material Containment Facility after the first of the following to occur:
130+ (1) Monitor the redeposit of Anne Arundel County dredged material and 19
131+other dredged material in the Cox Creek area MANAGEMENT OF DREDGE D MATERIAL 20
132+AT THE COX CREEK DREDGED MATERIAL CONTAINMENT FACILITY; 21
149133
150- 1. The maximum height of dredge spoil deposited in the
151-Hart–Miller Island Dredged Material Containment Facility reaches:
134+ (2) (I) Hear and dispose ADVISE THE MARYLAND PORT 22
135+ADMINISTRATION of complaints lodged by individuals affected by the redeposit of Anne 23
136+Arundel County dredged material and other dredged material in the Cox Creek area; and 24
152137
153- A. 44 feet above the mean low water mark in the north cell;
154-and
138+ (II) PROVIDE INPUT AND FEE DBACK TO THE MARYLAND PORT 25
139+ADMINISTRATION REGARD ING THE MANAGEMENT O F DREDGED MATERIAL AT THE 26
140+COX CREEK DREDGED MATERIAL CONTAINMENT FACILITY; AND 27
155141
156- B. 28 feet above the mean low water mark in the south cell; or
142+ (III) MAKE RECOMMENDATIONS TO THE MARYLAND PORT 28
143+ADMINISTRATION ON THE POTENTIAL IMPACT THA T ACTIVITIES AT THE 29 4 HOUSE BILL 343
157144
158- 2. January 1, 2010.
159145
160- (ii) New dredge spoil dredged from a channel may not be deposited in
161-the south cell.
146+CONTAINMENT FACILITY MAY HAVE ON NEARBY C OMMUNITIES AND NATUR AL 1
147+RESOURCES; AND 2
162148
163- (III) NOTWITHSTANDING ANY O THER LAW, ON OR BEFORE
164-DECEMBER 31, 2027, THE DEPARTMENT MAY APPROV E THE REDEPOSIT OF
165-DREDGED MATERIAL AT THE HART–MILLER ISLAND DREDGED MATERIAL
166-CONTAINME NT FACILITY IF:
149+ (3) Appoint a member from the Committee to serve as a liaison to the 3
150+Innovative [Use Advisory Council] REUSE COMMITTEE. 4
167151
168- 1. THE DREDGED MATERIAL IS FROM A LOCATION
169-WITHIN 1 MILE OF THE SHORELIN E OF A LARGE REDEVEL OPMENT SITE; AND
152+5–1103. 5
170153
171- 2. THE PERSON UNDERTAKIN G THE DREDGING PROJE CT
172-HAS, AFTER CONSULTATION W ITH THE HART–MILLER–PLEASURE ISLAND CITIZENS
173-OVERSIGHT COMMITTEE, ENTERED INTO AN ENFO RCEABLE COMMUNITY BE NEFITS
174-AGREEMENT WITH BALTIMORE COUNTY ON OR BEFORE DECEMBER 31, 2024, THAT:
154+ (a) IN THIS SECTION, “LARGE REDEVELOPMENT SITE” HAS THE MEANING 6
155+STATED IN § 4–101.1 OF THIS ARTICLE. 7
175156
176- A. AT THE REQUEST OF THE COUNTY EXECUTIVE OF
177-BALTIMORE COUNTY, WAS PRESENTED TO AND APPROVED BY THE COUNTY
178-COUNCIL OF BALTIMORE COUNTY; AND
157+ (B) (1) [Except for dredge spoil from local dredging projects initiated by 8
158+Baltimore County in the waters of Baltimore County, the] THE Department may not approve 9
159+any contained area for the redeposit of [spoil] DREDGED MATERIAL within 5 miles of the 10
160+Hart–Miller–Pleasure Island chain in Baltimore County EXCEPT FOR: 11
179161
180- B. REQUIRES THE PERSON T O PAY A SUM OF MONEY TO
181-BALTIMORE COUNTY AND ESTABLISHE S A PAYMENT SCHEDULE FOR THE SUM OF
182-MONEY, FOR THE PURPOSE OF F UNDING BENEFITS TO C OMMUNITIES IN THE
183-VICINITY OF THE HART–MILLER ISLAND DREDGED MATERIAL CONTAINMENT
184-FACILITY.
185- WES MOORE, Governor Ch. 807
162+ (I) DREDGE SPOIL FROM LOC AL DREDGING PROJECTS 12
163+INITIATED BY BALTIMORE COUNTY IN THE WATERS OF BALTIMORE COUNTY; OR 13
186164
187-– 5 –
188- [(b)] (C) (1) Except as provided in [paragraph] PARAGRAPHS (2) AND (3) of
189-this subsection, only [spoil] DREDGED MATERIAL from the excavation or dredging of
190-Baltimore Harbor, its approach channels, and Baltimore County tributary [spoil]
191-DREDGED MATERIAL from an approved dredging project in any of the Baltimore County
192-tributaries of the Chesapeake Bay may be redeposited in a contained area described in
193-subsection [(a)] (B)(1)(I) of this section.
165+ (II) CONTAINED AREAS FOR T HE REDEPOSIT OF DRED GED 14
166+MATERIAL AT A LARGE REDEVELOPMENT SITE. 15
194167
195- (2) Only [dredge spoil] DREDGED MATERIAL from local dredging projects
196-initiated by Baltimore County in the waters of Baltimore County may be redeposited in any
197-additional contained area for the redeposit of [spoil] DREDGED MATERIAL authorized
198-under subsection [(a)(1)] (B)(1)(I) of this section.
168+ (2) A contained area described in paragraph [(1)] (1)(I) of this subsection 16
169+may not exceed the approximately 1,100 acre size provided in the projects U.S. Army Corps 17
170+of Engineers permit dated November 22, 1976. 18
199171
200- (3) ONLY DREDGED MATERIAL FROM A LOCATION WITH IN 1 MILE OF
201-THE SHORELINE OF A L ARGE REDEVELOPMENT S ITE MAY BE REDEPOSIT ED IN A
202-CONTAINED A REA FOR THE REDEPOSI T OF DREDGED MATERIA L AUTHORIZED UNDER
203-SUBSECTION (B)(1)(II) OF THIS SECTION.
172+ (3) (i) Subject to [subparagraph] SUBPARAGRAPHS (ii) AND (III) of 19
173+this paragraph, dredge spoil may not be deposited in the Hart–Miller Island Dredged 20
174+Material Containment Facility after the first of the following to occur: 21
204175
205- (D) THE FEE PAYABLE FOR E ACH CUBIC YARD OF DR EDGED MATERIAL
206-DEPOSITED AT THE HART–MILLER ISLAND DREDGED MATERIAL CONTAINMENT
207-FACILITY IN ACCORDANC E WITH SUBSECTION (B)(3)(III) OF THIS SECTION SHAL L:
176+ 1. The maximum height of dredge spoil deposited in the 22
177+Hart–Miller Island Dredged Material Containment Facility reaches: 23
208178
209- (1) NOT EXCEED THE STATE’S ACTUAL INCREMENTAL COSTS OF
210-OPERATING AND MAINTA INING THE HART–MILLER ISLAND DREDGED MATERIAL
211-CONTAINMENT FACILITY, TO THE EXTENT SUCH C OSTS ARISE FROM THE REDEPOSIT
212-OF DREDGED MATERIAL DESCRIBED I N SUBSECTION (B)(3)(III) OF THIS SECTION ,
213-EXPRESSED ON A PER –CUBIC–YARD BASIS; AND
179+ A. 44 feet above the mean low water mark in the north cell; 24
180+and 25
214181
215- (2) BE IN ADDITION TO THE PAYMENTS REQUIRED BY THE
216-COMMUNITY BENEFITS A GREEMENT UNDER SUBSE CTION (B)(3)(III)2 OF THIS
217-SECTION.
182+ B. 28 feet above the mean low water mark in the south cell; or 26
218183
219- (E) NOTHING IN THIS S ECTION SHALL AUTHORI ZE THE DEPARTMENT TO
220-APPROVE THE REDEPOSI T OF DREDGED MATERIA L WITHIN 5 MILES OF THE
221-HART–MILLER–PLEASURE ISLAND CHAIN IN BALTIMORE COUNTY USING CONFINED
222-AQUATIC DISPOSAL .
184+ 2. January 1, 2010. 27
223185
224-5–1104.
186+ (ii) New dredge spoil dredged from a channel may not be deposited in 28
187+the south cell. 29
225188
226- (a) (1) With the advice and consent of the Senate, the Governor shall appoint a
227-Hart–Miller–Pleasure Island Citizens Oversight Committee.
189+ (III) NOTWITHSTANDING ANY O THER LAW, ON OR BEFORE 30
190+DECEMBER 31, 2027, THE DEPARTMENT MAY APPROV E THE REDEPOSIT OF 31 HOUSE BILL 343 5
228191
229- (2) The terms and qualifications of members of the Oversight Committee
230-shall be determined by the Governor.
231- Ch. 807 2024 LAWS OF MARYLAND
232192
233-– 6 –
234- (c) The Oversight Committee shall:
193+DREDGED MATERIAL AT THE HART–MILLER ISLAND DREDGED MATERIAL 1
194+CONTAINMEN T FACILITY IF: 2
235195
236- (1) Monitor and provide oversight regarding:
196+ 1. THE DREDGED MATERIAL IS FROM A LOCATION 3
197+WITHIN 1 MILE OF THE SHORELIN E OF A LARGE REDEVEL OPMENT SITE; AND 4
237198
238- (i) The future development, use, and maintenance of the
239-Hart–Miller–Pleasure Island chain; [and]
199+ 2. THE PERSON UNDERTAKIN G THE DREDGING PROJE CT 5
200+HAS, AFTER CONSULTATION W ITH THE HART–MILLER–PLEASURE ISLAND CITIZENS 6
201+OVERSIGHT COMMITTEE, ENTERED INTO AN ENFO RCEABLE COMMUNITY BE NEFITS 7
202+AGREEMENT WITH BALTIMORE COUNTY ON OR BEFORE DECEMBER 31, 2024, THAT: 8
240203
241- (ii) The water quality immediately surrounding the islands;
204+ A. AT THE REQUEST OF THE COUNTY EXECUTIVE OF 9
205+BALTIMORE COUNTY, WAS PRESENTED TO AND APPROVED BY THE COUNTY 10
206+COUNCIL OF BALTIMORE COUNTY; AND 11
242207
243- (III) THE REDEPOSIT OF DRED GED MATERIAL AT THE
244-HART–MILLER ISLAND DREDGED MATERIAL CONTAINMENT FACILITY; AND
208+ B. REQUIRES THE PERSON T O PAY A SUM OF MONEY TO 12
209+BALTIMORE COUNTY AND ESTABLISHE S A PAYMENT SCHEDULE FOR THE SUM OF 13
210+MONEY, FOR THE PURPOSE OF F UNDING BENEFITS TO C OMMUNITIES IN THE 14
211+VICINITY OF THE HART–MILLER ISLAND DREDGED MATERIAL CONTAINMENT 15
212+FACILITY. 16
245213
246- (IV) ANY COMMUNITY BENEFIT S AGREEMENTS ENTERED INTO IN
247-ACCORDANCE WITH § 5–1103(B)(3)(III)2 OF THIS SUBTITLE; and
214+ [(b)] (C) (1) Except as provided in [paragraph] PARAGRAPHS (2) AND (3) of 17
215+this subsection, only [spoil] DREDGED MATERIAL from the excavation or dredging of 18
216+Baltimore Harbor, its approach channels, and Baltimore County tributary [spoil] 19
217+DREDGED MATERIAL from an approved dredging project in any of the Baltimore County 20
218+tributaries of the Chesapeake Bay may be redeposited in a contained area described in 21
219+subsection [(a)] (B)(1)(I) of this section. 22
248220
249- (2) Hear and dispose of complaints lodged by individuals affected by the
250-future development and the water quality immediately surrounding the
251-Hart–Miller–Pleasure Island chain.
221+ (2) Only [dredge spoil] DREDGED MA TERIAL from local dredging projects 23
222+initiated by Baltimore County in the waters of Baltimore County may be redeposited in any 24
223+additional contained area for the redeposit of [spoil] DREDGED MATERIAL authorized 25
224+under subsection [(a)(1)] (B)(1)(I) of this section. 26
252225
253-16–202.
226+ (3) ONLY DREDGED MATERIAL FROM A LOCATION WITH IN 1 MILE OF 27
227+THE SHORELINE OF A L ARGE REDEVELOPMENT S ITE MAY BE REDEPOSIT ED IN A 28
228+CONTAINED AREA FOR T HE REDEPOSIT OF DRED GED MATERIAL AUTHORI ZED UNDER 29
229+SUBSECTION (B)(1)(II) OF THIS SECTION. 30
254230
255- (a) A person may not dredge or fill on State wetlands without a license.
231+ (D) THE FEE PAYABLE FOR EACH CUBIC YARD OF DREDGE D MATERIAL 31
232+DEPOSITED AT THE HART–MILLER ISLAND DREDGED MATERIAL CONTAINMENT 32
233+FACILITY IN ACCORDANC E WITH SUBSECTION (B)(3)(III) OF THIS SECTION SHAL L: 33
256234
257- (i) (1) [The] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE
258-Board may not approve a license or an amendment to a license authorizing the dredge
259-material deposited in the Hart–Miller Island Dredged Material Containment Facility to
260-exceed an elevation of:
235+ (1) NOT EXCEED THE STATE’S ACTUAL INCREMENTAL COSTS OF 34
236+OPERATING AND MAINTA INING THE HART–MILLER ISLAND DREDGED MATERIAL 35 6 HOUSE BILL 343
261237
262- (i) 44 feet above the mean low water mark in the north cell; and
263238
264- (ii) 28 feet above the mean low water mark in the south cell.
239+CONTAINMENT FACILITY, TO THE EXTENT SUCH C OSTS ARISE FROM THE REDEPOSIT 1
240+OF DREDGED MATERIAL DESCRIBED IN SUBSECT ION (B)(3)(III) OF THIS SECTION, 2
241+EXPRESSED ON A PER –CUBIC–YARD BASIS; AND 3
265242
266- (2) [On] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON or
267-after January 1, 2010, the Board may not approve a license or an amendment to a license
268-authorizing the deposit of dredge material at the Hart–Miller ISLAND Dredged Material
269-Containment Facility.
243+ (2) BE IN ADDITION TO THE PAYMENTS REQUIRED BY THE 4
244+COMMUNITY BENEFITS A GREEMENT UNDER SUBSE CTION (B)(3)(III)2 OF THIS 5
245+SECTION. 6
270246
271- (3) (I) IN THIS PARAGRAPH , “LARGE REDEVELOPMENT SITE” HAS
272-THE MEANING STATED I N § 4–101.1 OF THIS ARTICLE.
247+ (E) NOTHING IN THIS SECTI ON SHALL AUTHORIZE T HE DEPARTMENT TO 7
248+APPROVE THE REDEPOSI T OF DREDGED MATERIA L WITHIN 5 MILES OF THE 8
249+HART–MILLER–PLEASURE ISLAND CHAIN IN BALTIMORE COUNTY USING CONFINED 9
250+AQUATIC DISPOSAL . 10
273251
274- (II) NOTWITHSTANDING ANY O THER LAW, ON OR BEFORE
275-DECEMBER 31, 2027, THE BOARD MAY APPROVE A L ICENSE OR AN AMENDME NT TO A
276-LICENSE AUTHORIZING THE DEPOSIT OF DREDG ED MATERIAL AT THE HART–MILLER
277-ISLAND DREDGED MATERIAL CONTAINMENT FACILITY IF:
278- WES MOORE, Governor Ch. 807
252+5–1104. 11
279253
280-– 7 –
281- 1. THE DREDGED MATERIAL IS FROM A LOCATION
282-WITHIN 1 MILE OF THE SHORELIN E OF A LARGE REDEVEL OPMENT SITE; AND
254+ (a) (1) With the advice and consent of the Senate, the Governor shall appoint a 12
255+Hart–Miller–Pleasure Island Citizens Oversight Committee. 13
283256
284- 2. THE PERSON UNDERTAKIN G THE DREDGING PROJE CT
285-HAS, AFTER CONSULTATION W ITH THE HART–MILLER–PLEASURE ISLAND CITIZENS
286-OVERSIGHT COMMITTEE, ENTERED INTO AN ENFO RCEABLE COMMUNITY BE NEFITS
287-AGREEMENT , IN ACCORDANCE WITH § 5–1103(B)(III)2 OF THIS ARTICLE.
257+ (2) The terms and qualifications of members of the Oversight Committee 14
258+shall be determined by the Governor. 15
288259
289- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
290-October July 1, 2024.
260+ (c) The Oversight Committee shall: 16
291261
292-Approved by the Governor, May 16, 2024.
262+ (1) Monitor and provide oversight regarding: 17
263+
264+ (i) The future development, use, and maintenance of the 18
265+Hart–Miller–Pleasure Island chain; [and] 19
266+
267+ (ii) The water quality immediately surrounding the islands; 20
268+
269+ (III) THE REDEPOSIT OF DRED GED MATERIAL AT THE 21
270+HART–MILLER ISLAND DREDGED MATERIAL CONTAINMENT FACILITY; AND 22
271+
272+ (IV) ANY COMMUNITY BENEFIT S AGREEMENTS ENTERED INTO IN 23
273+ACCORDANCE WITH § 5–1103(B)(3)(III)2 OF THIS SUBTITLE; and 24
274+
275+ (2) Hear and dispose of complaints lodged by individuals affected by the 25
276+future development and the water quality immediately surrounding the 26
277+Hart–Miller–Pleasure Island chain. 27
278+
279+16–202. 28
280+
281+ (a) A person may not dredge or fill on State wetlands without a license. 29
282+ HOUSE BILL 343 7
283+
284+
285+ (i) (1) [The] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 1
286+Board may not approve a license or an amendment to a license authorizing the dredge 2
287+material deposited in the Hart–Miller Island Dredged Material Containment Facility to 3
288+exceed an elevation of: 4
289+
290+ (i) 44 feet above the mean low water mark in the north cell; and 5
291+
292+ (ii) 28 feet above the mean low water mark in the south cell. 6
293+
294+ (2) [On] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON or 7
295+after January 1, 2010, the Board may not approve a license or an amendment to a license 8
296+authorizing the deposit of dredge material at the Hart–Miller ISLAND Dredged Material 9
297+Containment Facility. 10
298+
299+ (3) (I) IN THIS PARAGRAPH , “LARGE REDEVELOPMENT SITE” HAS 11
300+THE MEANING STATED I N § 4–101.1 OF THIS ARTICLE. 12
301+
302+ (II) NOTWITHSTANDING ANY O THER LAW, ON OR BEFORE 13
303+DECEMBER 31, 2027, THE BOARD MAY APPROVE A L ICENSE OR AN AMENDME NT TO A 14
304+LICENSE AUTHORIZING THE DEPOSIT OF DREDG ED MATERIAL AT THE HART–MILLER 15
305+ISLAND DREDGED MATERIAL CONTAINMENT FACILITY IF: 16
306+
307+ 1. THE DREDGED MATERIAL IS FROM A LOCATION 17
308+WITHIN 1 MILE OF THE SHORELIN E OF A LARGE REDEVEL OPMENT SITE; AND 18
309+
310+ 2. THE PERSON UNDERTAKIN G THE DREDGING PROJE CT 19
311+HAS, AFTER CONSULTATION W ITH THE HART–MILLER–PLEASURE ISLAND CITIZENS 20
312+OVERSIGHT COMMITTEE, ENTERED INTO AN ENFO RCEABLE COMMUNITY BE NEFITS 21
313+AGREEMENT , IN ACCORDANCE WITH § 5–1103(B)(III)2 OF THIS ARTICLE. 22
314+
315+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
316+October July 1, 2024. 24
317+
318+
319+
320+
321+Approved:
322+________________________________________________________________________________
323+ Governor.
324+________________________________________________________________________________
325+ Speaker of the House of Delegates.
326+________________________________________________________________________________
327+ President of the Senate.