EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 653
M3, M1 4lr1885
CF 4lr1884
By: Senator Augustine
Introduced and read first time: January 29, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Standing – Environmental and Natural Resources Protection Proceedings 2
(Clean Water Justice Act of 2024) 3
FOR the purpose of providing certain persons and associations standing in certain 4
environmental and natural resources protection proceedings, including proceedings 5
arising under provisions of law relating to water quality and water resources 6
protection, subject to certain conditions; authorizing certain persons that meet 7
certain standing requirements to bring certain civil actions under certain 8
circumstances; authorizing a court to grant certain relief, award certain costs of 9
litigation, and impose certain civil penalties in certain civil actions under certain 10
circumstances; authorizing certain persons that meet certain standing requirements 11
to intervene in certain proceedings under certain circumstances; and generally 12
relating to standing in certain environmental and natural resources protection 13
proceedings. 14
BY adding to 15
Article – Environment 16
Section 1–901 through 1–905 to be under the new subtitle “Subtitle 9. Clean Water 17
Justice Act” 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2023 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Environment 23
SUBTITLE 9. CLEAN WATER JUSTICE ACT. 24
1–901. 25 2 SENATE BILL 653
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “ASSOCIATION” MEANS AN ASSOCIATION , A CORPORATION , OR ANY 3
OTHER ORGANIZATION T HAT CONSISTS OF TWO OR MORE MEMBERS JOIN ED BY 4
MUTUAL CONSENT FOR A COMMON PURPOSE . 5
(C) “COSTS OF LITIGATION ” INCLUDES REASONABLE ATTORNEY’S FEES, 6
COURT COSTS , EXPERT WITNESS FEES , AND DOCUMENTED COSTS INCURRED IN 7
INVESTIGATING ALLEGE D VIOLATIONS. 8
(D) (1) “INJURY IN FACT ” MEANS AN INVASION OF A LEGALLY 9
PROTECTED INTEREST T HAT IS: 10
(I) CONCRETE AND PARTICUL ARIZED; 11
(II) ACTUAL OR IMMINENT ; AND 12
(III) NOT CONJECTURAL OR HYPOT HETICAL. 13
(2) “INJURY IN FACT” INCLUDES: 14
(I) A PROPERTY RIGHT OR PE RSONAL INTEREST THAT IS 15
DISTINCT FROM , OR SPECIFICALLY AFFE CTED IN A WAY THAT I S DISTINCT FROM , A 16
PROPERTY RIGHT OR PE RSONAL INTEREST OF T HE GENERAL PUBLIC ; AND 17
(II) A NEGATIVE IMPACT , OR THE THREAT OF A N EGATIVE 18
IMPACT, TO A PERSON’S HEALTH OR TO THE U SE AND ENJOYMENT OF A NATURAL 19
RESOURCE OR ENVIRONM ENT, INCLUDING A NEGATIVE IMPACT TO AESTHETIC , 20
RECREATIONAL , CONSERVATIONAL , AND ECONOMIC INTERES TS THAT MAY BE 21
SHARED AMONG COMMUNI TY MEMBERS. 22
(E) “POLITICAL SUBDIVISION ” MEANS: 23
(1) A COUNTY; 24
(2) THE CITY OF BALTIMORE; 25
(3) A MULTICOUNTY AGENCY ; 26
(4) A MUNICIPAL CORPORATIO N; 27
SENATE BILL 653 3
(5) A SINGLE–PURPOSE DISTRICT ; OR 1
(6) A SOIL CONSERVATION OR SANITARY DISTRICT. 2
(F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY , 3
APPOINTED BY THE GOVERNOR. 4
(G) “STANDARD” MEANS ANY REQUIREMEN T, PROHIBITION, LIMITATION, 5
OR CONDITION ESTABLI SHED BY STATUTE , REGULATION , PERMIT, ORDER, OR 6
LICENSE ISSUED BY A SECRETARY OR ANY OTH ER OFFICE OR AGENCY OF THE STATE, 7
A LOCAL GOVERNMENT , OR A POLITICAL SUBDI VISION IN ACCORDANCE WITH TITLE 8
4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE. 9
1–902. 10
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON HAS 11
STANDING IN CLAIMS ARISI NG UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF 12
THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, 13
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE IF THE PERSON SUFFERS AN 14
INJURY IN FACT THAT : 15
(I) IS FAIRLY TRAC EABLE TO THE CHALLEN GED ACTION OR 16
CONDUCT OF THE DEFEN DANT; AND 17
(II) IS LIKELY TO BE REDRE SSED BY THE REQUESTE D RELIEF 18
OR A FAVORABLE JUDIC IAL DECISION. 19
(2) AN INTEREST OR INJURY ASSERTED UNDER THIS SECTION SHALL 20
FALL WITHIN THE ZONE OF INTERESTS SO UGHT TO BE PROTECTED BY TITLE 4, 21
TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE AND TITLE 1, SUBTITLE 3, TITLE 22
5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. 23
(B) IN ADDITION TO SUBSEC TION (A) OF THIS SECTION , AN ASSOCIATION 24
HAS STANDING IN CLAIMS A RISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 25
OF THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, 26
SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE IF: 27
(1) ONE OR MORE MEMBERS O F THE ASSOCIATION HA VE STANDING 28
UNDER SUBSECTION (A) OF THIS SECTION; 29
(2) THE INTERESTS THAT TH E ASSOCIATION SEEKS TO PROTECT ARE 30
GERMANE TO ITS PURPO SES; AND 31
4 SENATE BILL 653
(3) NEITHER THE CLAIM ASS ERTED NOR THE RELIEF REQUESTED 1
REQUIRES THE PARTICI PATION OF THE MEMBER . 2
1–903. 3
(A) SUBJECT TO S UBSECTION (B) OF THIS SECTION , A PERSON THAT HAS 4
STANDING UNDER § 1–902 OF THIS SUBTITLE MAY BRING A CIVIL ACTION ON THE 5
PERSON’S OWN BEHALF AGAINST ANY PERSON OR GOVERNMENTAL ENTITY THAT IS 6
ALLEGED TO HAVE VIOL ATED OR TO BE IN VIO LATION OF ANY STANDA RD. 7
(B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, AN ACTION 8
MAY BE BROUGHT UNDER SUBSECTION (A) OF THIS SECTION AT LEAST 60 DAYS 9
AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE ALLEGED VIOLATIO N. 10
(2) NOTICE UNDER THIS SUB SECTION SHALL BE : 11
(I) 1. BY CERTIFIED MAIL; OR 12
2. PERSONAL SERVICE ; AND 13
(II) PROVIDED TO: 14
1. THE APPROPRIATE SECRE TARY; 15
2. THE ATTORNEY GENERAL; 16
3. ANY LOCAL JURISDICTIO N IN WHICH THE ALLEG ED 17
VIOLATION HAS OCCURR ED; AND 18
4. AN ALLEGED VIOLATOR O F THE STANDARD. 19
(3) (I) AN ACTION MAY NOT BE BROUGHT UNDER SUBSEC TION (A) 20
OF THIS SECTION IF T HE SECRETARY HAS COM MENCED AND IS DILIGE NTLY 21
PROSECUTING A CIVIL OR CRIMINAL ACTION I N A COURT OF THE STATE TO REQUIRE 22
COMPLIANCE FROM THE ALLEGED VIOLATOR WIT HOUT U NDUE DELAY OR 23
UNREASONABLE SCHEDUL ES FOR RETURNING TO COMPLIANCE . 24
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 25
PARAGRAPH , A PERSON THAT HAS ST ANDING UNDER § 1–902 OF THIS SUBTITLE MAY 26
INTERVENE IN THE ACT ION BROUGHT BY THE S ECRETARY. 27
(4) NOTICE UNDER THIS SUBSECTION SHALL IDENTIFY : 28
SENATE BILL 653 5
(I) A STANDARD VIOLATED ; 1
(II) AN ACTIVITY CONSTITUT ING THE VIOLATION ; 2
(III) A PERSON SUSPECTED OF BEING RESPONSIBLE FO R THE 3
VIOLATION; 4
(IV) THE LOCATION OF THE V IOLATION; 5
(V) THE DATES OF VIOLATIO NS IF KNOWN; AND 6
(VI) THE NAME AND ADDRESS OF THE PERSON GIVING NOTICE. 7
(C) AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION SHALL BE 8
BROUGHT IN ANY CIRCU IT COURT OF A COUNTY WHERE THE ALLEGED CO NDITION, 9
ACTIVITY, OR FAILURE IS OCCURR ING, HAS OCCURRED , OR IS LIKELY TO OCCU R. 10
(D) A COURT MAY: 11
(1) ORDER THE ENFORCEMENT OF A STANDARD CHALLE NGED 12
UNDER THIS SECTION ; 13
(2) GRANT: 14
(I) TEMPORARY OR PERMANEN T EQUITABLE RELIEF ; OR 15
(II) ANY OTHER RELIEF PROV IDED UNDER A STATUTE 16
CHALLENGED UNDER THI S SECTION; AND 17
(3) IMPOSE CONDITIONS ON A DEFENDANT TO REQUI RE THE 18
PROTECTION OF LAND , AIR, WATER, AND OTHER NATURAL RE SOURCES OR PUBLIC 19
HEALTH FROM POLLUTIO N, IMPAIRMENT, OR DESTRUCTION . 20
(E) (1) IN AN ACTION UNDER TH IS SECTION, THE COURT MAY AWARD THE 21
COSTS OF LITIGATION TO: 22
(I) A PREVAILING PLAINTIFF ; OR 23
(II) A SUBSTANTIALLY PREVAI LING PLAINTIFF IF TH E 24
PLAINTIFF HAS: 25
6 SENATE BILL 653
1. PARTICIPATED IN AN AC TION TO ENFORCE A 1
VIOLATION FOLLOWING THE ISSUANCE OF NOTI CE UNDER SUBSECTION (B) OF THIS 2
SECTION; AND 3
2. A. SUCCESSFULLY ESTABLIS HED THE LIABILITY 4
OF A DEFENDANT IN FE WER THAN ALL OF THE ASSERTED CLAIMS ; OR 5
B. OTHERWISE ADVA NCED THE PURPOSE OF THE 6
RELEVANT STATUTES TH ROUGH THE OUTCOME OF THE ACTION BY IMPROV ING 7
ENVIRONMENTAL QUALIT Y, PROTECTING PUBLIC HE ALTH, OR REDUCING 8
POLLUTION. 9
(2) IF A PARTY TO AN ACTI ON UNDER THIS SECTIO N ACTS IN BAD 10
FAITH OR WITHOUT SUB STANTIAL JUST IFICATION IN MAINTAI NING OR DEFENDING 11
THE ACTION, THE COURT MAY AWARD TO THE ADVERSE PARTY THE COSTS OF 12
LITIGATION. 13
(F) (1) (I) A COURT MAY IMPOSE A C IVIL PENALTY AUTHORI ZED IN 14
ACCORDANCE WITH THE STATUTE UNDER WHICH AN ACTION IS BROUGHT UNDER 15
THIS SECTION. 16
(II) INSTEAD OF IMPOSING A CIVIL PENALTY UNDER 17
SUBPARAGRAPH (I) OF THIS PARAGRAPH , A COURT MAY ORDER A SUPPLEMENTAL 18
ENVIRONMENTAL PROJEC T. 19
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A CIVIL 20
PENALTY COLLECTED UN DER THIS SUBSECTION SHALL BE DEPOSITED IN A MANNE R 21
SPECIFIED BY THE STA TUTE. 22
(3) IF THE ENFORCEMENT OF A STATUTORY DUTY HAS BEEN 23
DELEGATED TO A LOCAL GOVERNMENT , UP TO 50% OF A CIVIL PENALTY C OLLECTED 24
UNDER THIS SUBSECTIO N MAY BE AWARDED TO THE LOCAL GOVERNMENT . 25
1–904. 26
(A) THIS SECTION DOES NOT APP LY TO § 1–903(B)(3) OF THIS SUBTITLE. 27
(B) A PERSON THAT HAS STAN DING UNDER § 1–902 OF THIS SUBTITLE MAY 28
INTERVENE AS A MATTE R OF RIGHT IN AN ACT ION ARISING UNDER TITLE 4, TITLE 29
5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, 30
SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE, 31
UNLESS A DEFENDANT D EMONSTRATES THAT THE PERSON’S INTEREST IS 32
ADEQUATELY REPRESENT ED BY EXISTING PARTI ES. 33 SENATE BILL 653 7
(C) THE STATE MAY INTERVENE A S A MATTER OF RIGHT AT ANY TIME IN A 1
PROCEEDING BROUGHT U NDER THIS SUBTITLE . 2
(D) NOTWITHSTANDING § 1–903(B)(3) OF THIS SUBTITLE AND SUBSECTION 3
(A) OF THIS SECTION , A COURT MAY GRANT IN TERVENTION ON MOTION BY ANY 4
PARTY. 5
1–905. 6
THE PROVISIONS OF THI S SUBTITLE SUPERSEDE ANY INCONSISTENT 7
PROVISION OF ANY STATE, COUNTY, OR MUNICIPAL LAW , ORDINANCE, OR 8
REGULATION AND ANY J UDICIAL INTERPRETATI ON TO THE EXTENT OF THE 9
INCONSISTENCY . 10
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 11
the application thereof to any person or circumstance is held invalid for any reason in a 12
court of competent jurisdiction, the invalidity does not affect other provisions or any other 13
application of this Act that can be given effect without the invalid provision or application, 14
and for this purpose the provisions of this Act are declared severable. 15
SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 16
Assembly that this Act: 17
(1) provide certain remedies to abate the pollution, destruction, or 18
substantial or unreasonable impairment to the public health, water quality, or any other 19
natural resource of the State; 20
(2) may not abridge or alter any right of action or remedies that exist under 21
law; and 22
(3) may not be construed as stopping or limiting the State or any person in 23
the exercise of the right to: 24
(i) protect the natural resources of the State; 25
(ii) suppress nuisances; or 26
(iii) abate pollution. 27
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2024. 29