MD
Maryland Senate Bill SB653

Maryland 2024 Regular Session

Maryland Senate Bill SB653 Compare Versions

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1- WES MOORE, Governor Ch. 536
21
3-– 1 –
4-Chapter 536
5-(Senate Bill 653)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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+ *sb0653*
89
9-Standing – Environmental and Natural Resources Protection Proceedings
10-(Clean Water Justice Act of 2024)
10+SENATE BILL 653
11+M3, M1 4lr1885
12+ CF HB 1101
13+By: Senator Augustine Senators Augustine, Elfreth, Smith, and M. Washington
14+Introduced and read first time: January 29, 2024
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 16, 2024
1119
12-FOR the purpose of providing certain persons and associations standing in certain
13-environmental and natural resources protection proceedings, including proceedings
14-arising under provisions of law relating to water quality and water resources
15-protection, subject to certain conditions; authorizing certain persons that meet
16-certain standing requirements to bring certain civil actions under certain
17-circumstances; requiring a plaintiff, under certain circumstances, to give certain
18-notice and provide certain documentation to the Department of the Environment and
19-the Attorney General in a certain manner and to file a certain affidavit; authorizing
20-a court to grant certain relief, award certain costs of litigation, and impose certain
21-civil penalties in certain civil actions under certain circumstances; authorizing
22-certain persons that meet certain standing requirements to intervene in certain
23-proceedings under certain circumstances; and generally relating to standing in
24-certain environmental and natural resources protection proceedings.
20+CHAPTER ______
2521
26-BY adding to
27- Article – Environment
28-Section 1–901 through 1–905 1–904 to be under the new subtitle “Subtitle 9. Clean
29-Water Justice Act”
30- Annotated Code of Maryland
31- (2013 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
3223
33-BY repealing
34- Article – Environment
35- Section 9–344.1
36- Annotated Code of Maryland
37- (2014 Replacement Volume and 2023 Supplement)
24+Standing – Environmental and Natural Resources Protection Proceedings 2
25+(Clean Water Justice Act of 2024) 3
3826
39- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
40-That the Laws of Maryland read as follows:
27+FOR the purpose of providing certain persons and associations standing in certain 4
28+environmental and natural resources protection proceedings, including proceedings 5
29+arising under provisions of law relating to water quality and water resources 6
30+protection, subject to certain conditions; authorizing certain persons that meet 7
31+certain standing requirements to bring certain civil actions under certain 8
32+circumstances; requiring a plaintiff, under certain circumstances, to give certain 9
33+notice and provide certain documentation to the Department of the Environment and 10
34+the Attorney General in a certain manner and to file a certain affidavit; authorizing 11
35+a court to grant certain relief, award certain costs of litigation, and impose certain 12
36+civil penalties in certain civil actions under certain circumstances; authorizing 13
37+certain persons that meet certain standing requirements to intervene in certain 14
38+proceedings under certain circumstances; and generally relating to standing in 15
39+certain environmental and natural resources protection proceedings. 16
4140
42-Article – Environment
41+BY adding to 17
42+ Article – Environment 18
43+Section 1–901 through 1–905 1–904 to be under the new subtitle “Subtitle 9. Clean 19
44+Water Justice Act” 20
45+ Annotated Code of Maryland 21
46+ (2013 Replacement Volume and 2023 Supplement) 22
4347
44-SUBTITLE 9. CLEAN WATER JUSTICE ACT.
48+BY repealing 23 2 SENATE BILL 653
4549
46-1–901.
47- Ch. 536 2024 LAWS OF MARYLAND
4850
49-– 2 –
50- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
51-INDICATED.
51+ Article – Environment 1
52+ Section 9–344.1 2
53+ Annotated Code of Maryland 3
54+ (2014 Replacement Volume and 2023 Supplement) 4
5255
53- (B) “ASSOCIATION” MEANS AN ASSOCIATION , A CORPORATION , OR ANY
54-OTHER ORGANIZATION T HAT CONSISTS OF TWO OR MORE MEMBERS JOIN ED BY
55-MUTUAL CONSENT FOR A COMMON PURPOSE .
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57+That the Laws of Maryland read as follows: 6
5658
57- (C) (B) “COSTS OF LITIGATION ” INCLUDES REASONABLE ATTORNEY’S
58-FEES, COURT COSTS , AND EXPERT WITNESS FEES , AND DOCUMENTED COSTS
59-INCURRED IN INVESTIGATING ALLEGE D VIOLATIONS.
59+Article – Environment 7
6060
61- (D) (1) “INJURY IN FACT ” MEANS AN INVASION OF A LEGALLY
62-PROTECTED INTEREST T HAT IS:
61+SUBTITLE 9. CLEAN WATER JUSTICE ACT. 8
6362
64- (I) CONCRETE AND PARTICUL ARIZED;
63+1–901. 9
6564
66- (II) ACTUAL OR IMMINENT ; AND
65+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
66+INDICATED. 11
6767
68- (III) NOT CONJECTURAL OR HY POTHETICAL.
68+ (B) “ASSOCIATION” MEANS AN ASSOCIATION , A CORPORATION , OR ANY 12
69+OTHER ORGANIZATION THAT CO NSISTS OF TWO OR MOR E MEMBERS JOINED BY 13
70+MUTUAL CONSENT FOR A COMMON PURPOSE . 14
6971
70- (2) “INJURY IN FACT” INCLUDES:
72+ (C) (B) “COSTS OF LITIGATION ” INCLUDES REASONABLE ATTORNEY’S 15
73+FEES, COURT COSTS , AND EXPERT WITNESS FEES , AND DOCUMENTED COSTS 16
74+INCURRED IN INVESTIGATING ALLE GED VIOLATIONS . 17
7175
72- (I) A PROPERTY RIGHT OR PE RSONAL INTEREST THAT IS
73-DISTINCT FROM , OR SPECIFICALLY AFFE CTED IN A WAY THAT I S DISTINCT FROM , A
74-PROPERTY RIGHT OR PE RSONAL INTEREST OF T HE GENERAL PUBLIC ; AND
76+ (D) (1) “INJURY IN FACT ” MEANS AN INVASION OF A LEGALLY 18
77+PROTECTED INTEREST T HAT IS: 19
7578
76- (II) A NEGATIVE IMPACT , OR THE THREAT OF A N EGATIVE
77-IMPACT, TO A PERSON’S HEALTH OR TO THE U SE AND ENJOYMENT OF A NATURAL
78-RESOURCE OR ENVIRONMENT , INCLUDING A NEGATIVE IMPACT TO AESTHETIC ,
79-RECREATIONAL , CONSERVATIONAL , AND ECONOMIC INTERES TS THAT MAY BE
80-SHARED AMONG COMMUNI TY MEMBERS.
79+ (I) CONCRETE AND PARTICUL ARIZED; 20
8180
82- (C) “EPHEMERAL STREAM ” MEANS A BODY OF WATE R WITH:
81+ (II) ACTUAL OR IMMINENT ; AND 21
8382
84- (1) A STREAM BED LOCATED A BOVE THE WATER TABLE YEAR–ROUND;
83+ (III) NOT CONJECTURAL OR HY POTHETICAL. 22
8584
86- (2) A STREAM FLOW PRIMARIL Y SOURCED FROM RAINF ALL RUNOFF;
87-AND
85+ (2) “INJURY IN FACT” INCLUDES: 23
8886
89- (3) FLOWING WATER ONLY DU RING, AND FOR A SHORT DURA TION
90-AFTER, PRECIPITATION EVENTS IN A TYPICAL YEAR.
87+ (I) A PROPERTY RIGHT OR PE RSONAL INTEREST THAT IS 24
88+DISTINCT FROM , OR SPECIFICALLY AFFE CTED IN A WAY THAT I S DISTINCT FROM , A 25
89+PROPERTY RIGHT OR PE RSONAL INTEREST OF T HE GENERAL PUBLIC ; AND 26
9190
92- (D) “INTERMITTENT STREAM ” MEANS A BODY OF WATER WITH:
93- WES MOORE, Governor Ch. 536
91+ (II) A NEGATIVE IMPACT , OR THE THREAT OF A N EGATIVE 27
92+IMPACT, TO A PERSON’S HEALTH OR TO THE U SE AND ENJOYMENT OF A NATURAL 28
93+RESOURCE OR ENVIRONM ENT, INCLUDING A NEGATIVE IMPACT TO AESTHETIC , 29
94+RECREATIONAL , CONSERVATIONAL , AND ECONOMIC INTERES TS THAT MAY BE 30
95+SHARED AMONG COMMUNI TY MEMBERS. 31 SENATE BILL 653 3
9496
95-– 3 –
96- (1) FLOWING WATER DURING CERTAIN TIMES OF THE YEAR, WHEN
97-GROUNDWATER PROVIDES WATER FOR STREAM FLO W; AND
9897
99- (2) A STREAM FLOW SUPPLEME NTED BY RUNOFF FROM RAINFALL.
10098
101- (E) “PERSON” MEANS AN INDIVIDUAL , RECEIVER, TRUSTEE, GUARDIAN,
102-PERSONAL REPRESENTAT IVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND AND
103-ANY PARTNERSHIP , FIRM, ASSOCIATION, CORPORATION , OR OTHER
104-NONGOVERNMENTAL ENTI TY.
99+ (C) “EPHEMERAL STREAM ” MEANS A BODY OF WATE R WITH: 1
105100
106- (F) “POLITICAL SUBDIVISION ” MEANS:
101+ (1) A STREAM BED LOCATED A BOVE THE WATER TABLE YEAR–ROUND; 2
107102
108- (1) A COUNTY;
103+ (2) A STREAM FLOW PRIMARIL Y SOURCED FROM RAINF ALL RUNOFF; 3
104+AND 4
109105
110- (2) THE CITY OF BALTIMORE;
106+ (3) FLOWING WATER ONLY DU RING, AND FOR A SHORT DURA TION 5
107+AFTER, PRECIPITATION EVENTS IN A TYPICAL YEAR. 6
111108
112- (3) A MULTICOUNTY AGENCY ;
109+ (D) “INTERMITTENT STREAM ” MEANS A BODY OF WATE R WITH: 7
113110
114- (4) A MUNICIPAL CORPORATIO N;
111+ (1) FLOWING WATER DURING CERTAIN TIMES OF THE YEAR, WHEN 8
112+GROUNDWATER PROVIDES WATER FOR STREAM FLO W; AND 9
115113
116- (5) A SINGLE–PURPOSE DISTRICT ; OR
114+ (2) A STREAM FLOW SUPPLEME NTED BY RUNOFF FROM RAINFALL. 10
117115
118- (6) A SOIL CONSERVATION OR SANITARY DISTRICT .
116+ (E) “PERSON” MEANS AN I NDIVIDUAL, RECEIVER, TRUSTEE, GUARDIAN, 11
117+PERSONAL REPRESENTAT IVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND AND 12
118+ANY PARTNERSHIP , FIRM, ASSOCIATION, CORPORATION , OR OTHER 13
119+NONGOVERNMENTAL ENTI TY. 14
119120
120- (F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY ,
121-APPOINTED BY THE GOVERNOR.
121+ (F) “POLITICAL SUBDIVISION ” MEANS: 15
122122
123- (G) “STANDARD” MEANS ANY REQUIREMEN T, PROHIBITION, LIMITATION,
124-OR CONDITION ESTABLI SHED BY STATUTE , REGULATION , PERMIT, ORDER, OR
125-LICENSE ISSUED BY A SECRETARY THE SECRETARY OR ANY OTHER OFFICE OR
126-AGENCY OF THE STATE, A LOCAL GOVERNMENT , OR A POLITICAL SUBDIVISION IN
127-ACCORDANCE WITH :
123+ (1) A COUNTY; 16
128124
129- (1) TITLE 4, TITLE 5, SUBTITLE 9 OF THIS ARTICLE , IF THE
130-REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO
131-NONTIDAL WETLANDS TH AT DO NOT HAVE A CON TINUOUS SURFACE CONN ECTION TO
132-SURFACE WATER ; OR
125+ (2) THE CITY OF BALTIMORE; 17
133126
134- (2) TITLE 9, SUBTITLE 3 OR TITLE 16 OF THIS ARTICLE , IF THE
135-REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO:
127+ (3) A MULTICOUNTY AGENCY ; 18
136128
137- (I) AN EPHEMERAL STREAM ; OR
129+ (4) A MUNICIPAL CORPORATIO N; 19
138130
139- (II) AN INTERMITTENT STREA M. Ch. 536 2024 LAWS OF MARYLAND
131+ (5) A SINGLE–PURPOSE DISTRICT ; OR 20
140132
141-– 4 –
133+ (6) A SOIL CONSERVATION OR SANITARY DISTRICT . 21
142134
143-1–902.
135+ (F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY , 22
136+APPOINTED BY THE GOVERNOR. 23
144137
145- (A) (1) SUBJECT TO PARAGRAPH (2) OF EXCEPT AS PROVIDED IN THIS
146-SUBSECTION SUBTITLE, A PERSON THAT MEETS THE THRES HOLD STANDING
147-REQUIREMENTS UNDER F EDERAL LAW HAS STANDING IN CIVIL CLAIMS ARISING
148-UNDER ANY STANDARD TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR
149-TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE
150-NATURAL RESOURCES ARTICLE IF THE PERSON SUFFERS AN INJURY IN FACT THAT :
138+ (G) “STANDARD” MEANS ANY REQUIREMEN T, PROHIBITION, LIMITATION, 24
139+OR CONDITION ESTABLI SHED BY STATUTE , REGULATION , PERMIT, ORDER, OR 25
140+LICENSE ISSUED BY A SECRETARY THE SECRETARY OR ANY OTHER OFFICE OR 26
141+AGENCY OF THE STATE, A LOCAL GOVERNMENT , OR A POLITICAL SUBDIVISION IN 27
142+ACCORDANCE WITH : 28 4 SENATE BILL 653
151143
152- (I) IS FAIRLY TRACEABLE T O THE CHALLENGED ACT ION OR
153-CONDUCT OF THE DEFEN DANT; AND
154144
155- (II) IS LIKELY TO BE REDRE SSED BY THE REQUESTE D RELIEF
156-OR A FAVORABLE JUDICIAL DECISION.
157145
158- (2) AN INTEREST OR INJURY ASSERTED UNDER THIS SECTION SHALL
159-FALL WITHIN THE ZONE OF INTERESTS SOUGHT TO BE PROTECTED BY TITLE 4,
160-TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE AND TITLE 1, SUBTITLE 3, TITLE
161-5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE.
146+ (1) TITLE 4, TITLE 5, SUBTITLE 9 OF THIS ARTICLE , IF THE 1
147+REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO 2
148+NONTIDAL WETLANDS TH AT DO NOT HAVE A CON TINUOUS SURFACE CONN ECTION TO 3
149+SURFACE WATER ; OR 4
162150
163- (B) IN ADDITION TO SUBSEC TION (A) OF THIS SECTION , AN ASSOCIATION
164-HAS STANDING IN CLAI MS ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16
165-OF THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8,
166-SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE IF:
151+ (2) TITLE 9, SUBTITLE 3 OR TITLE 16 OF THIS ARTICLE , IF THE 5
152+REQUIREMENT , PROHIBITION, LIMITATION, OR CONDITION IS RELA TED TO: 6
167153
168- (1) ONE OR MORE MEMBERS O F THE ASSOCIATION HA VE STANDING
169-UNDER SUBSECTION (A) OF THIS SECTION;
154+ (I) AN EPHEMERAL STREAM ; OR 7
170155
171- (2) THE INTERESTS THAT TH E ASSOCIATION SEEKS TO PROTECT ARE
172-GERMANE TO ITS PURPO SES; AND
156+ (II) AN INTERMITTENT STREA M. 8
173157
174- (3) NEITHER THE CLAIM ASS ERTED NOR THE RELIEF REQUESTED
175-REQUIRES THE PARTICI PATION OF THE MEMBER .
158+1–902. 9
176159
177-1–903.
160+ (A) (1) SUBJECT TO PARAGRAPH (2) OF EXCEPT AS PROVIDED IN THIS 10
161+SUBSECTION SUBTITLE, A PERSON THAT MEETS THE THRES HOLD STANDING 11
162+REQUIREMENTS UNDER F EDERAL LAW HAS STANDING IN CIVIL CLAIMS ARISING 12
163+UNDER ANY STANDARD TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR 13
164+TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE 14
165+NATURAL RESOURCES ARTICLE IF THE PERSON SUFFERS AN INJURY IN FACT THAT : 15
178166
179- (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT HAS
180-STANDING UNDER § 1–902 OF THIS SUBTITLE MAY BRING A CIVIL ACTION ON THE
181-PERSON’S OWN BEHALF AGAINST ANY PERSON OR GOVERNMENTAL ENTITY
182-POLITICAL SUBDIVISIO N THAT IS ALLEGED TO HAVE VIOLATED OR TO BE IN
183-VIOLATION OF ANY STA NDARD.
184- WES MOORE, Governor Ch. 536
167+ (I) IS FAIRLY TRACEABLE T O THE CHALLENGED ACT ION OR 16
168+CONDUCT OF THE DEFEN DANT; AND 17
185169
186-– 5 –
187- (B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN ACTION
188-MAY NOT BE BROUGHT UNDER SUB SECTION (A) OF THIS SECTION AT LEAST 60 DAYS
189-AFTER THE PLAINTIFF HAS GIVEN UNLESS THE PLAINTIFF FIRST GIVES 60 DAYS’
190-NOTICE OF THE ALLEGE D VIOLATION.
170+ (II) IS LIKELY TO BE REDRE SSED BY THE REQUESTE D RELIEF 18
171+OR A FAVORABLE JUDICIAL DE CISION. 19
191172
192- (2) NOTICE UNDER THIS SUB SECTION SHALL BE :
173+ (2) AN INTEREST OR INJURY ASSERTED UNDER THIS SECTION SHALL 20
174+FALL WITHIN THE ZONE OF INTERESTS SOUGHT TO BE PROTECTED BY TITLE 4, 21
175+TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE AND TITLE 1, SUBTITLE 3, TITLE 22
176+5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE. 23
193177
194- (I) 1. BY CERTIFIED MAIL; OR
178+ (B) IN ADDITION TO SUBSEC TION (A) OF THIS SECTION , AN ASSOCIATION 24
179+HAS STANDING IN CLAI MS ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 25
180+OF THIS ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, 26
181+SUBTITLE 18 OF THE NATURAL RESOURCES ARTICLE IF: 27
195182
196- 2. PERSONAL SERVICE ; AND
183+ (1) ONE OR MORE MEMBERS O F THE ASSOCIATION HA VE STANDING 28
184+UNDER SUBSECTION (A) OF THIS SECTION; 29
197185
198- (II) PROVIDED TO:
186+ (2) THE INTERESTS THAT TH E ASSOCIATION SEEKS TO PROTECT ARE 30
187+GERMANE TO ITS PURPO SES; AND 31
188+ SENATE BILL 653 5
199189
200- 1. THE APPROPRIATE SECRETAR Y SECRETARY;
201190
202- 2. THE ATTORNEY GENERAL;
191+ (3) NEITHER THE CLAIM ASS ERTED NOR THE RELIEF REQUESTED 1
192+REQUIRES THE PARTICI PATION OF THE MEMBER . 2
203193
204- 3. ANY LOCAL JURISDICTIO N IN WHICH THE ALLEGED
205-VIOLATION HAS OCCURRED IS ALLEGED TO OCCUR ; AND
194+1–903. 3
206195
207- 4. AN ALLEGED VIOLATOR O F THE STANDARD.
196+ (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A PERSON THAT HAS 4
197+STANDING UNDER § 1–902 OF THIS SUBTITLE MAY BRING A CIVIL ACTION ON THE 5
198+PERSON’S OWN BEHALF AGAINST A NY PERSON OR GOVERNMENTAL ENTITY 6
199+POLITICAL SUBDIVISIO N THAT IS ALLEGED TO HAVE VIOLATED OR TO BE IN 7
200+VIOLATION OF ANY STA NDARD. 8
208201
209- (3) (I) AN ACTION MAY NOT BE BROUGHT UNDER SUBSEC TION (A)
210-OF THIS SECTION IF T HE SECRETARY SECRETARY HAS COMMENCED AND IS
211-DILIGENTLY PROSECUTI NG A CIVIL OR CRIMINAL ACTION IN A COURT OF THE STATE
212-OR A CONSENT ORDER I S ENTERED TO REQUIRE COMPLI ANCE FROM THE ALLEGE D
213-VIOLATOR WITHOUT UNDUE DELAY OR UNREASONABLE SCHEDUL ES FOR
214-RETURNING TO COMPLIA NCE.
202+ (B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN ACTION 9
203+MAY NOT BE BROUGHT UNDER SUB SECTION (A) OF THIS SECTION AT LEAST 60 DAYS 10
204+AFTER THE PLAINTIFF HAS GIVEN UNLESS THE PLAINTIFF FIRST GIVES 60 DAYS’ 11
205+NOTICE OF THE ALLEGE D VIOLATION. 12
215206
216- (II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS
217-PARAGRAPH , A PERSON THAT HAS STANDING UNDER § 1–902 OF THIS SUBTITLE
218-MEETS THE THRESHOLD STANDING REQUIREMENTS UNDER F EDERAL LAW MAY
219-INTERVENE IN THE A CIVIL ACTION BROUGHT BY TH E SECRETARY SECRETARY, AS
220-PROVIDED IN § 1–904 OF THIS SUBTITLE.
207+ (2) NOTICE UNDER THIS SUB SECTION SHALL BE : 13
221208
222- (4) NOTICE UNDER THIS SUB SECTION SHALL IDENTI FY:
209+ (I) 1. BY CERTIFIED MAIL; OR 14
223210
224- (I) A STANDARD VIOLATED ;
211+ 2. PERSONAL SERVICE ; AND 15
225212
226- (II) AN ACTIVITY CONSTITUT ING THE VIOLATION ;
213+ (II) PROVIDED TO: 16
227214
228- (III) A PERSON SUSPECTED OF BEING RESPONSIBLE FO R THE
229-VIOLATION;
230- Ch. 536 2024 LAWS OF MARYLAND
215+ 1. THE APPROPRIATE SECRETAR Y SECRETARY; 17
231216
232-– 6 –
233- (IV) THE LOCATION OF THE V IOLATION;
217+ 2. THE ATTORNEY GENERAL; 18
234218
235- (V) THE DATES OF VIOLATIO NS IF KNOWN; AND
219+ 3. ANY LOCAL JURISDICTIO N IN WHICH THE ALLEGED 19
220+VIOLATION HAS OCCURRED IS ALLEGED TO OCCUR ; AND 20
236221
237- (VI) THE NAME AND ADDRESS OF THE PERSON GIVING NOTICE.
222+ 4. AN ALLEGED VIOLATOR O F THE STANDARD. 21
238223
239- (C) AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION SHALL BE
240-BROUGHT IN ANY CIRCU IT COURT OF A COUNTY WHERE THE ALLEGED CONDITION,
241-ACTIVITY, OR FAILURE IS OCCURRING, HAS OCCURRED , OR IS LIKELY TO OCCU R IS
242-ALLEGED TO BE A VIOL ATION OF A STANDARD .
224+ (3) (I) AN ACTION MAY NOT BE BROUGHT UNDER SUBSEC TION (A) 22
225+OF THIS SECTION IF T HE SECRETARY SECRETARY HAS COMMENCED AND IS 23
226+DILIGENTLY PROSECUTI NG A CIVIL OR CRIMINAL ACTION IN A COURT OF THE STATE 24
227+OR A CONSENT ORDER I S ENTERED TO REQUIRE COMPLI ANCE FROM THE ALLEGE D 25
228+VIOLATOR WITHOUT UNDUE DELAY OR UNREASONABLE SCHEDUL ES FOR 26
229+RETURNING TO COMPLIA NCE. 27
243230
244- (D) BEFORE THE ENTERING OF ANY CONSENT JUDGMENT TO WHICH THE
245-DEPARTMENT IS NOT A P ARTY OR BEFORE THE D ISMISSAL OF ANY CASE FILED IN
246-ACCORDANCE WITH THIS SUBTITLE SUBJECT TO A SETTLEMENT AGREEME NT, THE
247-PLAINTIFF SHALL :
231+ (II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 28
232+PARAGRAPH , A PERSON THAT HAS STANDING UNDER § 1–902 OF THIS SUBTITLE 29
233+MEETS THE THRESHOLD STANDING REQUIREMENTS UNDER F EDERAL LAW MAY 30 6 SENATE BILL 653
248234
249- (1) GIVE NOTICE AND PROVI DE A COMPLETE AND UN REDACTED COPY
250-OF THE PROPOSED CONS ENT JUDGMENT OR SETT LEMENT AGREEMENT TO THE
251-DEPARTMENT AND THE ATTORNEY GENERAL BY PERSONAL S ERVICE OR CERTIFIED
252-MAIL AT LEAST 45 DAYS BEFORE THE DATE THAT THE PROPOSED CO NSENT
253-JUDGMENT OR SETTLEME NT AGREEMENT IS FILE D WITH THE COURT; AND
254235
255- (2) FILE AN AFFIDAVIT WIT H THE COURT UNDER PE NALTY OF
256-PERJURY INDICATING C OMPLIANCE WITH THE R EQUIREMENT UNDER ITE M (1) OF
257-THIS SUBSECTION .
236+INTERVENE IN THE A CIVIL ACTION BROUGHT BY TH E SECRETARY SECRETARY, AS 1
237+PROVIDED IN § 1–904 OF THIS SUBTITLE. 2
258238
259- (E) A COURT MAY:
239+ (4) NOTICE UNDER THIS SUB SECTION SHALL IDENTI FY: 3
260240
261- (1) ORDER THE ENFORCEMENT OF A STANDARD CHALLENGED
262-UNDER THIS SECTION ;; AND
241+ (I) A STANDARD VIOLATED ; 4
263242
264- (2) GRANT:
243+ (II) AN ACTIVITY CONSTITUT ING THE VIOLATION ; 5
265244
266- (I) TEMPORARY OR PERMANEN T EQUITABLE RELIEF ; OR
245+ (III) A PERSON SUSPECTED OF BEING RESPONSIBLE FO R THE 6
246+VIOLATION; 7
267247
268- (II) ANY EXCEPT AS OTHERWISE P ROVIDED BY THIS SUBT ITLE,
269-ANY OTHER RELIEF PROVIDE D UNDER A STATUTE CHALLENGED UNDER THI S
270-SECTION STANDARD; AND
248+ (IV) THE LOCATION OF THE V IOLATION; 8
271249
272- (3) IMPOSE CONDITIONS ON A DEFENDANT TO REQUIRE THE
273-PROTECTION OF LAND , AIR, WATER, AND OTHER NATURAL RE SOURCES OR PUBLIC
274-HEALTH FROM POLLUTIO N, IMPAIRMENT, OR DESTRUCTION .
275- WES MOORE, Governor Ch. 536
250+ (V) THE DATES OF VIOLATIO NS IF KNOWN; AND 9
276251
277-– 7 –
278- (E) (1) (F) IN AN ACTION UNDER TH IS SECTION, THE COURT MAY
279-AWARD THE COSTS OF L ITIGATION TO:
252+ (VI) THE NAME AND ADDRESS OF THE PERSON GIVING NOTICE. 10
280253
281- (I) (1) A PREVAILING PLAINTIFF; OR
254+ (C) AN ACTION BROUGHT IN ACCORDANCE WITH THIS SECTION SHALL BE 11
255+BROUGHT IN ANY CIRCU IT COURT OF A COUNTY WHERE THE ALLEGED CONDITION, 12
256+ACTIVITY, OR FAILURE IS OCCURRING, HAS OCCURRED , OR IS LIKELY TO OCCU R IS 13
257+ALLEGED TO BE A VIOL ATION OF A STANDARD . 14
282258
283- (II) (2) A SUBSTANTIALLY PREVAI LING PLAINTIFF; OR
259+ (D) BEFORE THE ENTERING OF ANY CONSENT JUDGMENT TO WHICH THE 15
260+DEPARTMENT IS NOT A P ARTY OR BEFORE THE D ISMISSAL OF ANY CASE FILED IN 16
261+ACCORDANCE WITH THIS SUBTITLE SUBJECT TO A SETTLEMENT AGREEME NT, THE 17
262+PLAINTIFF SHALL : 18
284263
285- (3) A SUBSTANTIALLY PREVAI LING DEFENDANT IF TH E PLAINTIFF’S
286-CLAIM WAS FRIVOLOUS , UNREASONABLE , OR GROUNDLESS IF THE PLAINTIFF HAS:
264+ (1) GIVE NOTICE AND PROVI DE A COMPLETE AND UN REDACTED COPY 19
265+OF THE PROPOSED CONS ENT JUDGMENT OR SETT LEMENT AGREEMENT TO THE 20
266+DEPARTMENT AND THE ATTORNEY GENERAL BY PERSONAL S ERVICE OR CERTIFIED 21
267+MAIL AT LEAST 45 DAYS BEFORE THE DATE THAT THE PROPOSED CO NSENT 22
268+JUDGMENT OR SETTLEME NT AGREEMENT IS FILE D WITH THE COURT; AND 23
287269
288- 1. PARTICIPATED IN AN AC TION TO ENFORCE A
289-VIOLATION FOLLOWING THE ISSUANCE OF NOTI CE UNDER SUBSECTION (B) OF THIS
290-SECTION; AND
270+ (2) FILE AN AFFIDAVIT WIT H THE COURT UNDER PE NALTY OF 24
271+PERJURY INDICATING C OMPLIANCE WITH THE R EQUIREMENT UNDER ITE M (1) OF 25
272+THIS SUBSECTION . 26
291273
292- 2. A. SUCCESSFULLY ESTABLIS HED THE LIABILITY
293-OF A DEFENDANT IN FE WER THAN ALL OF THE ASSERTED CLAIMS ; OR
274+ (E) A COURT MAY: 27
294275
295- B. OTHERWISE ADVANCED TH E PURPOSE OF THE
296-RELEVANT STATU TES THROUGH THE OUTC OME OF THE ACTION BY IMPROVING
297-ENVIRONMENTAL QUALIT Y, PROTECTING PUBLIC HE ALTH, OR REDUCING
298-POLLUTION.
276+ (1) ORDER THE ENFORCEMENT OF A STANDARD CHALLENGED 28
277+UNDER THIS SECTION ;; AND 29
299278
300- (2) IF A PARTY TO AN ACTI ON UNDER THIS SECTIO N ACTS IN BAD
301-FAITH OR WITHOUT SUB STANTIAL JUSTIFICATI ON IN MAINTAINING OR DEFENDING
302-THE ACTION, THE COURT MAY AWARD TO THE ADVERSE PARTY THE COSTS OF
303-LITIGATION.
279+ (2) GRANT: 30 SENATE BILL 653 7
304280
305- (F) (G) (1) (I) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
306-SUBSECTION, A COURT MAY IMPOSE A C IVIL PENALTY AUTHORI ZED IN ACCORDANCE
307-WITH THE STATUTE UND ER WHICH AN ACTION I S BROUGHT UNDER THIS S ECTION.
308281
309- (II) INSTEAD OF IMPOSING A CIVIL PENALTY UNDER
310-SUBPARAGRAPH (I) OF THIS PARAGRAPH , A A COURT MAY ORDER APPROVE A
311-CONSENT JUDGMENT OR SETTLEMENT AGREEMENT BETWEEN THE PARTIES THAT
312-INCLUDES A SUPPLEMENTAL ENVIR ONMENTAL PROJECT .
313282
314- (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A A CIVIL
315-PENALTY COLLECTED UN DER THIS SUBSECTION SHALL BE DEPOSITED I N A MANNER
316-SPECIFIED BY THE STA TUTE.
283+ (I) TEMPORARY OR PERMANEN T EQUITABLE RELIEF ; OR 1
317284
318- (3) IF THE ENFORCEMENT OF A STATUTORY DUTY HAS BEEN
319-DELEGATED TO A LOCAL GOVERNMENT , UP TO 50% OF A CIVIL PENALTY C OLLECTED
320-UNDER THIS SUBSECTIO N MAY BE AWARDED TO THE LOCAL GOVERNMENT THE Ch. 536 2024 LAWS OF MARYLAND
285+ (II) ANY EXCEPT AS OTHERWISE P ROVIDED BY THIS SUBT ITLE, 2
286+ANY OTHER RELIEF PROVIDE D UNDER A STATUTE CHALLENGED UNDER THI S 3
287+SECTION STANDARD; AND 4
321288
322-– 8 –
323-STATE MAY NOT BE HELD LIABLE FOR CIVIL PEN ALTIES IN ANY ACTION UNDER THIS
324-SUBTITLE.
289+ (3) IMPOSE CONDITIONS ON A DEFENDANT TO REQUIRE THE 5
290+PROTECTION OF LAND , AIR, WATER, AND OTHER NATURAL RE SOURCES OR PUBLIC 6
291+HEALTH FROM POLLUTIO N, IMPAIRMENT, OR DESTRUCTION . 7
325292
326-1–904.
293+ (E) (1) (F) IN AN ACTION UNDER TH IS SECTION, THE COURT MAY 8
294+AWARD THE COSTS OF L ITIGATION TO: 9
327295
328- (A) (1) THIS SECTION DOES NOT APPLY TO § 1–903(B)(3) OF THIS
329-SUBTITLE.
296+ (I) (1) A PREVAILING PLAINTIFF; OR 10
330297
331- (B) A PERSON THAT HAS STAN DING UNDER § 1–902 OF THIS SUBTITLE MAY
332-SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON THAT MEETS THE
333-THRESHOLD STANDING R EQUIREMENTS UNDER FE DERAL LAW HAS THE
334-UNCONDITIONAL RIGHT AND AUTHORITY TO INTERVENE AS A MATTER OF RIGHT IN
335-AN A CIVIL ACTION ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS
336-ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18
337-OF THE NATURAL RESOURCES ARTICLE, UNLESS A DEFENDANT D EMONSTRATES
338-THAT THE PERS ON’S INTEREST IS ADEQUATELY REPRESENT ED BY EXISTING
339-PARTIES BROUGHT BY THE SECRETARY UNDER :
298+ (II) (2) A SUBSTANTIALLY PREVAI LING PLAINTIFF; OR 11
340299
341- (I) TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR
300+ (3) A SUBSTANTIALLY PREVAI LING DEFENDANT IF TH E PLAINTIFF’S 12
301+CLAIM WAS FRIVOLOUS , UNREASONABLE , OR GROUNDLESS IF THE PLAINTIFF HAS: 13
342302
343- (II) TITLE 9, SUBTITLE 3 OF THIS ARTICLE.
303+ 1. PARTICIPATED IN AN AC TION TO ENFORCE A 14
304+VIOLATION FOLLOWING THE ISSUANCE OF NOTI CE UNDER SUBSECTION (B) OF THIS 15
305+SECTION; AND 16
344306
345- (2) A PERSON SHALL EXERCIS E THE RIGHT TO INTER VENE UNDER
346-PARAGRAPH (1) OF THIS SUBSECTION I N ACCORDANCE WITH TH E APPLICABLE
347-PRACTICES, PROCEDURES , AND LAWS IN THE STATE.
307+ 2. A. SUCCESSFULLY ESTABLIS HED THE LIABILITY 17
308+OF A DEFENDANT IN FE WER THAN ALL OF THE ASSERTED CLAIMS ; OR 18
348309
349- (3) A PERSON THAT HAS STAN DING TO INTERVENE UN DER
350-PARAGRAPH (1) OF THIS SUBSECTION H AS THE SAME RIGHTS A S AN INTERESTED
351-PERSON OR AGGRIEVED PARTY UNDE R THE FEDERAL CLEAN WATER ACT.
310+ B. OTHERWISE ADVANCED TH E PURPOSE OF THE 19
311+RELEVANT STATU TES THROUGH THE OUTC OME OF THE ACTION BY IMPROVING 20
312+ENVIRONMENTAL QUALIT Y, PROTECTING PUBLIC HE ALTH, OR REDUCING 21
313+POLLUTION. 22
352314
353- (C) (B) THE STATE MAY INTERVENE A S A MATTER OF RIGHT AT ANY TIME
354-IN A ANY PROCEEDING BROUGHT U NDER THIS SUBTITLE .
315+ (2) IF A PARTY TO AN ACTI ON UNDER THIS SECTIO N ACTS IN BAD 23
316+FAITH OR WITHOUT SUB STANTIAL JUSTIFICATI ON IN MAINTAINING OR DEFENDING 24
317+THE ACTION, THE COURT MAY AWARD TO THE ADVERSE PARTY THE COSTS OF 25
318+LITIGATION. 26
355319
356- (D) NOTWITHSTANDING § 1–903(B)(3) OF THIS SUBTITLE AND SUBSECTION
357-(A) OF THIS SECTION , A COURT MAY GRANT INTERVENTION ON MOTI ON BY ANY
358-PARTY.
320+ (F) (G) (1) (I) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 27
321+SUBSECTION, A COURT MAY IMPOSE A C IVIL PENALTY AUTHORI ZED IN ACCORDANCE 28
322+WITH THE STATUTE UND ER WHICH AN ACTION I S BROUGHT UNDER THIS S ECTION. 29
359323
360-1–905.
324+ (II) INSTEAD OF IMPOSING A CIVIL PENALTY UNDER 30
325+SUBPARAGRAPH (I) OF THIS PARAGRAPH , A A COURT MAY ORDER APPROVE A 31 8 SENATE BILL 653
361326
362- THE PROVISIONS OF THI S SUBTITLE SUPERSEDE ANY INCONSISTENT
363-PROVISION OF ANY STATE, COUNTY, OR MUNICIPAL LAW , ORDINANCE, OR
364-REGULATION AND ANY J UDICIAL INTERPRETATI ON TO THE EXTENT OF THE
365-INCONSISTENCY . WES MOORE, Governor Ch. 536
366327
367-– 9 –
328+CONSENT JUDGMENT OR SETTLEMENT AGREEMENT BETWEEN THE PARTIES THAT 1
329+INCLUDES A SUPPLEMENTAL ENVIR ONMENTAL PROJECT . 2
368330
369-[9–344.1.
331+ (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , A A CIVIL 3
332+PENALTY COLLECTED UN DER THIS SUBSECTION SHALL BE DEPOSITED I N A MANNER 4
333+SPECIFIED BY THE STA TUTE. 5
370334
371- (a) Subject to subsection (b) of this section, a person who meets the threshold
372-standing requirements under the federal Clean Water Act has an unconditional right and
373-the authority to intervene in a civil action that the State initiates in State court to require
374-compliance with:
335+ (3) IF THE ENFORCEMENT OF A STATUTORY DUTY HAS BEEN 6
336+DELEGATED TO A LOCAL GOVERNMENT , UP TO 50% OF A CIVIL PENALTY C OLLECTED 7
337+UNDER THIS SUBSECTIO N MAY BE AWARDED TO THE LOCAL GOVERNMENT THE 8
338+STATE MAY NOT BE HELD LIABLE FOR CIVIL PEN ALTIES IN ANY ACTION UNDER THIS 9
339+SUBTITLE. 10
375340
376- (1) This subtitle;
341+1–904. 11
377342
378- (2) Regulations adopted by the Department in accordance with this
379-subtitle; or
343+ (A) (1) THIS SECTION DOES NOT APPLY TO § 1–903(B)(3) OF THIS 12
344+SUBTITLE. 13
380345
381- (3) Any discharge permit, effluent limitation, or order issued by the
382-Department in accordance with this subtitle.
346+ (B) A PERSON THAT HAS STAN DING UNDER § 1–902 OF THIS SUBTITLE MAY 14
347+SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON THAT MEETS THE 15
348+THRESHOLD STANDING R EQUIREMENTS UNDER FE DERAL LAW HAS THE 16
349+UNCONDITIONAL RIGHT AND AUTHORITY TO INTERVENE AS A MATTER OF RIGHT IN 17
350+AN A CIVIL ACTION ARISING UNDER TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS 18
351+ARTICLE OR TITLE 1, SUBTITLE 3, TITLE 5, SUBTITLE 16, OR TITLE 8, SUBTITLE 18 19
352+OF THE NATURAL RESOURCES ARTICLE, UNLESS A DEFENDANT D EMONSTRATES 20
353+THAT THE PERS ON’S INTEREST IS ADEQUATELY REPRESENT ED BY EXISTING 21
354+PARTIES BROUGHT BY THE SECRETARY UNDER : 22
383355
384- (b) A person shall exercise the right to intervene under subsection (a) of this
385-section in accordance with the applicable practices, procedures, and laws in the State.
356+ (I) TITLE 5, SUBTITLE 9 OF THIS ARTICLE; OR 23
386357
387- (c) A person who meets the requirements to intervene under subsection (a) of this
388-section has the same rights as an interested person or aggrieved party under the federal
389-Clean Water Act, including the right to apply for judicial appeal.]
358+ (II) TITLE 9, SUBTITLE 3 OF THIS ARTICLE. 24
390359
391- SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or
392-the application thereof to any person or circumstance is held invalid for any reason in a
393-court of competent jurisdiction, the invalidity does not affect other provisions or any other
394-application of this Act that can be given effect without the invalid provision or application,
395-and for this purpose the provisions of this Act are declared severable.
360+ (2) A PERSON SHALL EXERCIS E THE RIGHT TO INTER VENE UNDER 25
361+PARAGRAPH (1) OF THIS SUBSECTION I N ACCORDANCE WITH TH E APPLICABLE 26
362+PRACTICES, PROCEDURES , AND LAWS IN THE STATE. 27
396363
397- SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General
398-Assembly that this Act:
364+ (3) A PERSON THAT HAS STAN DING TO INTERVENE UN DER 28
365+PARAGRAPH (1) OF THIS SUBSECTION H AS THE SAME RIGHTS A S AN INTERESTED 29
366+PERSON OR AGGRIEVED PARTY UNDE R THE FEDERAL CLEAN WATER ACT. 30
399367
400- (1) provide certain remedies to abate the pollution, destruction, or
401-substantial or unreasonable impairment to the public health, water quality, or any other
402-natural resource of the State;
368+ (C) (B) THE STATE MAY INTERVENE A S A MATTER OF RIGHT AT ANY TIME 31
369+IN A ANY PROCEEDING BROUGHT U NDER THIS SUBTITLE . 32
370+ SENATE BILL 653 9
403371
404- (2) may not abridge or alter any right of action or remedies that exist under
405-law; and
406372
407- (3) may not be construed as stopping or limiting the State or any person in
408-the exercise of the right to:
373+ (D) NOTWITHSTANDING § 1–903(B)(3) OF THIS SUBTITLE AND SUBSECTION 1
374+(A) OF THIS SECTION , A COURT MAY GRANT INTERVENTION ON MOTI ON BY ANY 2
375+PARTY. 3
409376
410- (i) protect the natural resources of the State;
377+1–905. 4
411378
412- (ii) suppress nuisances; or
413- Ch. 536 2024 LAWS OF MARYLAND
379+ THE PROVISIONS OF THI S SUBTITLE SUPERSEDE ANY INCONSISTENT 5
380+PROVISION OF ANY STATE, COUNTY, OR MUNICIPAL LAW , ORDINANCE, OR 6
381+REGULATION AND ANY J UDICIAL INTERPRETATI ON TO THE EXTENT OF THE 7
382+INCONSISTENCY . 8
414383
415-– 10 –
416- (iii) abate pollution.
384+[9–344.1. 9
417385
418- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
419-October 1, 2024.
386+ (a) Subject to subsection (b) of this section, a person who meets the threshold 10
387+standing requirements under the federal Clean Water Act has an unconditional right and 11
388+the authority to intervene in a civil action that the State initiates in State court to require 12
389+compliance with: 13
420390
421-Approved by the Governor, May 9, 2024.
391+ (1) This subtitle; 14
392+
393+ (2) Regulations adopted by the Department in accordance with this 15
394+subtitle; or 16
395+
396+ (3) Any discharge permit, effluent limitation, or order issued by the 17
397+Department in accordance with this subtitle. 18
398+
399+ (b) A person shall exercise the right to intervene under subsection (a) of this 19
400+section in accordance with the applicable practices, procedures, and laws in the State. 20
401+
402+ (c) A person who meets the requirements to intervene under subsection (a) of this 21
403+section has the same rights as an interested person or aggrieved party under the federal 22
404+Clean Water Act, including the right to apply for judicial appeal.] 23
405+
406+ SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 24
407+the application thereof to any person or circumstance is held invalid for any reason in a 25
408+court of competent jurisdiction, the invalidity does not affect other provisions or any other 26
409+application of this Act that can be given effect without the invalid provision or application, 27
410+and for this purpose the provisions of this Act are declared severable. 28
411+
412+ SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 29
413+Assembly that this Act: 30
414+
415+ (1) provide certain remedies to abate the pollution, destruction, or 31
416+substantial or unreasonable impairment to the public health, water quality, or any other 32
417+natural resource of the State; 33
418+ 10 SENATE BILL 653
419+
420+
421+ (2) may not abridge or alter any right of action or remedies that exist under 1
422+law; and 2
423+
424+ (3) may not be construed as stopping or limiting the State or any person in 3
425+the exercise of the right to: 4
426+
427+ (i) protect the natural resources of the State; 5
428+
429+ (ii) suppress nuisances; or 6
430+
431+ (iii) abate pollution. 7
432+
433+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
434+October 1, 2024. 9
435+
436+
437+
438+
439+Approved:
440+________________________________________________________________________________
441+ Governor.
442+________________________________________________________________________________
443+ President of the Senate.
444+________________________________________________________________________________
445+ Speaker of the House of Delegates.