EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0653*
SENATE BILL 653
M3, M1 4lr1885
CF HB 1101
By: Senator Augustine Senators Augustine, Elfreth, Smith, and M. Washington
Introduced and read first time: January 29, 2024
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 16, 2024
CHAPTER ______
AN ACT concerning 1
Standing – Environmental and Natural Resources Protection Proceedings 2
(Clean Water Justice Act of 2024) 3
FOR the purpose of providing certain persons and associations standing in certain 4
environmental and natural resources protection proceedings, including proceedings 5
arising under provisions of law relating to water quality and water resources 6
protection, subject to certain conditions; authorizing certain persons that meet 7
certain standing requirements to bring certain civil actions under certain 8
circumstances; requiring a plaintiff, under certain circumstances, to give certain 9
notice and provide certain documentation to the Department of the Environment and 10
the Attorney General in a certain manner and to file a certain affidavit; authorizing 11
a court to grant certain relief, award certain costs of litigation, and impose certain 12
civil penalties in certain civil actions under certain circumstances; authorizing 13
certain persons that meet certain standing requirements to intervene in certain 14
proceedings under certain circumstances; and generally relating to standing in 15
certain environmental and natural resources protection proceedings. 16
BY adding to 17
Article – Environment 18
Section 1–901 through 1–905 1–904 to be under the new subtitle “Subtitle 9. Clean 19
Water Justice Act” 20
Annotated Code of Maryland 21
(2013 Replacement Volume and 2023 Supplement) 22
BY repealing 23 2 SENATE BILL 653
Article – Environment 1
Section 9–344.1 2
Annotated Code of Maryland 3
(2014 Replacement Volume and 2023 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Environment 7
SUBTITLE 9. CLEAN WATER JUSTICE ACT. 8
1–901. 9
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(B) “ASSOCIATION” MEANS AN ASSOCIATION , A CORPORATION , OR ANY 12
OTHER ORGANIZATION THAT CO NSISTS OF TWO OR MOR E MEMBERS JOINED BY 13
MUTUAL CONSENT FOR A COMMON PURPOSE . 14
(C) (B) “COSTS OF LITIGATION ” INCLUDES REASONABLE ATTORNEY’S 15
FEES, COURT COSTS , AND EXPERT WITNESS FEES , AND DOCUMENTED COSTS 16
INCURRED IN INVESTIGATING ALLE GED VIOLATIONS . 17
(D) (1) “INJURY IN FACT ” MEANS AN INVASION OF A LEGALLY 18
PROTECTED INTEREST T HAT IS: 19
(I) CONCRETE AND PARTICUL ARIZED; 20
(II) ACTUAL OR IMMINENT ; AND 21
(III) NOT CONJECTURAL OR HY POTHETICAL. 22
(2) “INJURY IN FACT” INCLUDES: 23
(I) A PROPERTY RIGHT OR PE RSONAL INTEREST THAT IS 24
DISTINCT FROM , OR SPECIFICALLY AFFE CTED IN A WAY THAT I S DISTINCT FROM , A 25
PROPERTY RIGHT OR PE RSONAL INTEREST OF T HE GENERAL PUBLIC ; AND 26
(II) A NEGATIVE IMPACT , OR THE THREAT OF A N EGATIVE 27
IMPACT, TO A PERSON’S HEALTH OR TO THE U SE AND ENJOYMENT OF A NATURAL 28
RESOURCE OR ENVIRONM ENT, INCLUDING A NEGATIVE IMPACT TO AESTHETIC , 29
RECREATIONAL , CONSERVATIONAL , AND ECONOMIC INTERES TS THAT MAY BE 30
SHARED AMONG COMMUNI TY MEMBERS. 31 SENATE BILL 653 3
(C) “EPHEMERAL STREAM ” MEANS A BODY OF WATE R WITH: 1
(1) A STREAM BED LOCATED A BOVE THE WATER TABLE YEAR–ROUND; 2
(2) A STREAM FLOW PRIMARIL Y SOURCED FROM RAINF ALL RUNOFF; 3
AND 4
(3) FLOWING WATER ONLY DU RING, AND FOR A SHORT DURA TION 5
AFTER, PRECIPITATION EVENTS IN A TYPICAL YEAR. 6
(D) “INTERMITTENT STREAM ” MEANS A BODY OF WATE R WITH: 7
(1) FLOWING WATER DURING CERTAIN TIMES OF THE YEAR, WHEN 8
GROUNDWATER PROVIDES WATER FOR STREAM FLO W; AND 9
(2) A STREAM FLOW SUPPLEME NTED BY RUNOFF FROM RAINFALL. 10
(E) “PERSON” MEANS AN I NDIVIDUAL, RECEIVER, TRUSTEE, GUARDIAN, 11
PERSONAL REPRESENTAT IVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND AND 12
ANY PARTNERSHIP , FIRM, ASSOCIATION, CORPORATION , OR OTHER 13
NONGOVERNMENTAL ENTI TY. 14
(F) “POLITICAL SUBDIVISION ” MEANS: 15
(1) A COUNTY; 16
(2) THE CITY OF BALTIMORE; 17
(3) A MULTICOUNTY AGENCY ; 18
(4) A MUNICIPAL CORPORATIO N; 19
(5) A SINGLE–PURPOSE DISTRICT ; OR 20
(6) A SOIL CONSERVATION OR SANITARY DISTRICT . 21
(F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY , 22
APPOINTED BY THE GOVERNOR. 23
(G) “STANDARD” MEANS ANY REQUIREMEN T, PROHIBITION, LIMITATION, 24
OR CONDITION ESTABLI SHED BY STATUTE , REGULATION , PERMIT, ORDER, OR 25
LICENSE ISSUED BY A SECRETARY THE SECRETARY OR ANY OTHER OFFICE OR 26
AGENCY OF THE STATE, A LOCAL GOVERNMENT , OR A POLITICAL SUBDIVISION IN 27
ACCORDANCE WITH : 28 4 SENATE BILL 653
(1) TITLE 4, TITLE 5, SUBTITLE 9 OF THIS ARTICLE , IF THE 1
REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO 2
NONTIDAL WETLANDS TH AT DO NOT HAVE A CON TINUOUS SURFACE CONN ECTION TO 3
SURFACE WATER ; OR 4
(2) TITLE 9, SUBTITLE 3 OR TITLE 16 OF THIS ARTICLE , IF THE 5
REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO: 6
(I) AN EPHEMERAL STREAM ; OR 7
(II) AN INTERMITTENT STREA M. 8
1–902. 9
(A) (1) SUBJECT TO PARAGRAPH (2) OF EXCEPT AS PROVIDED IN THIS 10
SUBSECTION SUBTITLE, A PERSON THAT MEETS THE THRES HOLD STANDING 11
REQUIREMENTS UNDER F EDERAL LAW HAS STANDING IN CIVIL CLAIMS ARISING 12
UNDER ANY STANDARD TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR 13
TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE 14
NATURAL RESOURCES ARTICLE IF THE PERSON SUFFERS AN INJURY IN FACT THAT : 15
(I) IS FAIRLY TRACEABLE T O THE CHALLENGED ACT ION 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 JUDICIAL DE CISION. 19
(2) AN INTEREST OR INJURY ASSERTED UNDER THIS SECTION SHALL 20
FALL WITHIN THE ZONE OF INTERESTS SOUGHT 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 CLAI MS ARISING 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
SENATE BILL 653 5
(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 SUBSECTION (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 A NY PERSON OR GOVERNMENTAL ENTITY 6
POLITICAL SUBDIVISIO N THAT IS ALLEGED TO HAVE VIOLATED OR TO BE IN 7
VIOLATION OF ANY STA NDARD. 8
(B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN ACTION 9
MAY NOT BE BROUGHT UNDER SUB SECTION (A) OF THIS SECTION AT LEAST 60 DAYS 10
AFTER THE PLAINTIFF HAS GIVEN UNLESS THE PLAINTIFF FIRST GIVES 60 DAYS’ 11
NOTICE OF THE ALLEGE D VIOLATION. 12
(2) NOTICE UNDER THIS SUB SECTION SHALL BE : 13
(I) 1. BY CERTIFIED MAIL; OR 14
2. PERSONAL SERVICE ; AND 15
(II) PROVIDED TO: 16
1. THE APPROPRIATE SECRETAR Y SECRETARY; 17
2. THE ATTORNEY GENERAL; 18
3. ANY LOCAL JURISDICTIO N IN WHICH THE ALLEGED 19
VIOLATION HAS OCCURRED IS ALLEGED TO OCCUR ; AND 20
4. AN ALLEGED VIOLATOR O F THE STANDARD. 21
(3) (I) AN ACTION MAY NOT BE BROUGHT UNDER SUBSEC TION (A) 22
OF THIS SECTION IF T HE SECRETARY SECRETARY HAS COMMENCED AND IS 23
DILIGENTLY PROSECUTI NG A CIVIL OR CRIMINAL ACTION IN A COURT OF THE STATE 24
OR A CONSENT ORDER I S ENTERED TO REQUIRE COMPLI ANCE FROM THE ALLEGE D 25
VIOLATOR WITHOUT UNDUE DELAY OR UNREASONABLE SCHEDUL ES FOR 26
RETURNING TO COMPLIA NCE. 27
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 28
PARAGRAPH , A PERSON THAT HAS STANDING UNDER § 1–902 OF THIS SUBTITLE 29
MEETS THE THRESHOLD STANDING REQUIREMENTS UNDER F EDERAL LAW MAY 30 6 SENATE BILL 653
INTERVENE IN THE A CIVIL ACTION BROUGHT BY TH E SECRETARY SECRETARY, AS 1
PROVIDED IN § 1–904 OF THIS SUBTITLE. 2
(4) NOTICE UNDER THIS SUB SECTION SHALL IDENTI FY: 3
(I) A STANDARD VIOLATED ; 4
(II) AN ACTIVITY CONSTITUT ING THE VIOLATION ; 5
(III) A PERSON SUSPECTED OF BEING RESPONSIBLE FO R THE 6
VIOLATION; 7
(IV) THE LOCATION OF THE V IOLATION; 8
(V) THE DATES OF VIOLATIO NS IF KNOWN; AND 9
(VI) THE NAME AND ADDRESS OF THE PERSON GIVING NOTICE. 10
(C) AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION SHALL BE 11
BROUGHT IN ANY CIRCU IT COURT OF A COUNTY WHERE THE ALLEGED CONDITION, 12
ACTIVITY, OR FAILURE IS OCCURRING, HAS OCCURRED , OR IS LIKELY TO OCCU R IS 13
ALLEGED TO BE A VIOL ATION OF A STANDARD . 14
(D) BEFORE THE ENTERING OF ANY CONSENT JUDGMENT TO WHICH THE 15
DEPARTMENT IS NOT A P ARTY OR BEFORE THE D ISMISSAL OF ANY CASE FILED IN 16
ACCORDANCE WITH THIS SUBTITLE SUBJECT TO A SETTLEMENT AGREEME NT, THE 17
PLAINTIFF SHALL : 18
(1) GIVE NOTICE AND PROVI DE A COMPLETE AND UN REDACTED COPY 19
OF THE PROPOSED CONS ENT JUDGMENT OR SETT LEMENT AGREEMENT TO THE 20
DEPARTMENT AND THE ATTORNEY GENERAL BY PERSONAL S ERVICE OR CERTIFIED 21
MAIL AT LEAST 45 DAYS BEFORE THE DATE THAT THE PROPOSED CO NSENT 22
JUDGMENT OR SETTLEME NT AGREEMENT IS FILE D WITH THE COURT; AND 23
(2) FILE AN AFFIDAVIT WIT H THE COURT UNDER PE NALTY OF 24
PERJURY INDICATING C OMPLIANCE WITH THE R EQUIREMENT UNDER ITE M (1) OF 25
THIS SUBSECTION . 26
(E) A COURT MAY: 27
(1) ORDER THE ENFORCEMENT OF A STANDARD CHALLENGED 28
UNDER THIS SECTION ;; AND 29
(2) GRANT: 30 SENATE BILL 653 7
(I) TEMPORARY OR PERMANEN T EQUITABLE RELIEF ; OR 1
(II) ANY EXCEPT AS OTHERWISE P ROVIDED BY THIS SUBT ITLE, 2
ANY OTHER RELIEF PROVIDE D UNDER A STATUTE CHALLENGED UNDER THI S 3
SECTION STANDARD; AND 4
(3) IMPOSE CONDITIONS ON A DEFENDANT TO REQUIRE THE 5
PROTECTION OF LAND , AIR, WATER, AND OTHER NATURAL RE SOURCES OR PUBLIC 6
HEALTH FROM POLLUTIO N, IMPAIRMENT, OR DESTRUCTION . 7
(E) (1) (F) IN AN ACTION UNDER TH IS SECTION, THE COURT MAY 8
AWARD THE COSTS OF L ITIGATION TO: 9
(I) (1) A PREVAILING PLAINTIFF; OR 10
(II) (2) A SUBSTANTIALLY PREVAI LING PLAINTIFF; OR 11
(3) A SUBSTANTIALLY PREVAI LING DEFENDANT IF TH E PLAINTIFF’S 12
CLAIM WAS FRIVOLOUS , UNREASONABLE , OR GROUNDLESS IF THE PLAINTIFF HAS: 13
1. PARTICIPATED IN AN AC TION TO ENFORCE A 14
VIOLATION FOLLOWING THE ISSUANCE OF NOTI CE UNDER SUBSECTION (B) OF THIS 15
SECTION; AND 16
2. A. SUCCESSFULLY ESTABLIS HED THE LIABILITY 17
OF A DEFENDANT IN FE WER THAN ALL OF THE ASSERTED CLAIMS ; OR 18
B. OTHERWISE ADVANCED TH E PURPOSE OF THE 19
RELEVANT STATU TES THROUGH THE OUTC OME OF THE ACTION BY IMPROVING 20
ENVIRONMENTAL QUALIT Y, PROTECTING PUBLIC HE ALTH, OR REDUCING 21
POLLUTION. 22
(2) IF A PARTY TO AN ACTI ON UNDER THIS SECTIO N ACTS IN BAD 23
FAITH OR WITHOUT SUB STANTIAL JUSTIFICATI ON IN MAINTAINING OR DEFENDING 24
THE ACTION, THE COURT MAY AWARD TO THE ADVERSE PARTY THE COSTS OF 25
LITIGATION. 26
(F) (G) (1) (I) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 27
SUBSECTION, A COURT MAY IMPOSE A C IVIL PENALTY AUTHORI ZED IN ACCORDANCE 28
WITH THE STATUTE UND ER WHICH AN ACTION I S BROUGHT UNDER THIS S ECTION. 29
(II) INSTEAD OF IMPOSING A CIVIL PENALTY UNDER 30
SUBPARAGRAPH (I) OF THIS PARAGRAPH , A A COURT MAY ORDER APPROVE A 31 8 SENATE BILL 653
CONSENT JUDGMENT OR SETTLEMENT AGREEMENT BETWEEN THE PARTIES THAT 1
INCLUDES A SUPPLEMENTAL ENVIR ONMENTAL PROJECT . 2
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A A CIVIL 3
PENALTY COLLECTED UN DER THIS SUBSECTION SHALL BE DEPOSITED I N A MANNER 4
SPECIFIED BY THE STA TUTE. 5
(3) IF THE ENFORCEMENT OF A STATUTORY DUTY HAS BEEN 6
DELEGATED TO A LOCAL GOVERNMENT , UP TO 50% OF A CIVIL PENALTY C OLLECTED 7
UNDER THIS SUBSECTIO N MAY BE AWARDED TO THE LOCAL GOVERNMENT THE 8
STATE MAY NOT BE HELD LIABLE FOR CIVIL PEN ALTIES IN ANY ACTION UNDER THIS 9
SUBTITLE. 10
1–904. 11
(A) (1) THIS SECTION DOES NOT APPLY TO § 1–903(B)(3) OF THIS 12
SUBTITLE. 13
(B) A PERSON THAT HAS STAN DING UNDER § 1–902 OF THIS SUBTITLE MAY 14
SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON THAT MEETS THE 15
THRESHOLD STANDING R EQUIREMENTS UNDER FE DERAL LAW HAS THE 16
UNCONDITIONAL RIGHT AND AUTHORITY TO INTERVENE AS A MATTER OF RIGHT IN 17
AN A CIVIL ACTION ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS 18
ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 19
OF THE NATURAL RESOURCES ARTICLE, UNLESS A DEFENDANT D EMONSTRATES 20
THAT THE PERS ON’S INTEREST IS ADEQUATELY REPRESENT ED BY EXISTING 21
PARTIES BROUGHT BY THE SECRETARY UNDER : 22
(I) TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR 23
(II) TITLE 9, SUBTITLE 3 OF THIS ARTICLE. 24
(2) A PERSON SHALL EXERCIS E THE RIGHT TO INTER VENE UNDER 25
PARAGRAPH (1) OF THIS SUBSECTION I N ACCORDANCE WITH TH E APPLICABLE 26
PRACTICES, PROCEDURES , AND LAWS IN THE STATE. 27
(3) A PERSON THAT HAS STAN DING TO INTERVENE UN DER 28
PARAGRAPH (1) OF THIS SUBSECTION H AS THE SAME RIGHTS A S AN INTERESTED 29
PERSON OR AGGRIEVED PARTY UNDE R THE FEDERAL CLEAN WATER ACT. 30
(C) (B) THE STATE MAY INTERVENE A S A MATTER OF RIGHT AT ANY TIME 31
IN A ANY PROCEEDING BROUGHT U NDER THIS SUBTITLE . 32
SENATE BILL 653 9
(D) NOTWITHSTANDING § 1–903(B)(3) OF THIS SUBTITLE AND SUBSECTION 1
(A) OF THIS SECTION , A COURT MAY GRANT INTERVENTION ON MOTI ON BY ANY 2
PARTY. 3
1–905. 4
THE PROVISIONS OF THI S SUBTITLE SUPERSEDE ANY INCONSISTENT 5
PROVISION OF ANY STATE, COUNTY, OR MUNICIPAL LAW , ORDINANCE, OR 6
REGULATION AND ANY J UDICIAL INTERPRETATI ON TO THE EXTENT OF THE 7
INCONSISTENCY . 8
[9–344.1. 9
(a) Subject to subsection (b) of this section, a person who meets the threshold 10
standing requirements under the federal Clean Water Act has an unconditional right and 11
the authority to intervene in a civil action that the State initiates in State court to require 12
compliance with: 13
(1) This subtitle; 14
(2) Regulations adopted by the Department in accordance with this 15
subtitle; or 16
(3) Any discharge permit, effluent limitation, or order issued by the 17
Department in accordance with this subtitle. 18
(b) A person shall exercise the right to intervene under subsection (a) of this 19
section in accordance with the applicable practices, procedures, and laws in the State. 20
(c) A person who meets the requirements to intervene under subsection (a) of this 21
section has the same rights as an interested person or aggrieved party under the federal 22
Clean Water Act, including the right to apply for judicial appeal.] 23
SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 24
the application thereof to any person or circumstance is held invalid for any reason in a 25
court of competent jurisdiction, the invalidity does not affect other provisions or any other 26
application of this Act that can be given effect without the invalid provision or application, 27
and for this purpose the provisions of this Act are declared severable. 28
SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 29
Assembly that this Act: 30
(1) provide certain remedies to abate the pollution, destruction, or 31
substantial or unreasonable impairment to the public health, water quality, or any other 32
natural resource of the State; 33
10 SENATE BILL 653
(2) may not abridge or alter any right of action or remedies that exist under 1
law; and 2
(3) may not be construed as stopping or limiting the State or any person in 3
the exercise of the right to: 4
(i) protect the natural resources of the State; 5
(ii) suppress nuisances; or 6
(iii) abate pollution. 7
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2024. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.