Maryland 2024 Regular Session

Maryland Senate Bill SB726 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0726
6	6
7	7	SENATE BILL 726
8	8	M3 4lr3041
9	9
10	10	By: Senator Lewis Young
11	11	Introduced and read first time: January 31, 2024
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Bay Restoration Fund – Authorized Uses – Decommission of Wastewater 2
19	19	Treatment Lagoon 3
20	20
21	21	FOR the purpose of altering the authorized uses of the Bay Restoration Fund to include, 4
22	22	beginning in a certain fiscal year, certain costs related to the decommissioning of 5
23	23	certain wastewater treatment lagoons; and generally relating to authorized uses of 6
24	24	the Bay Restoration Fund. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Environment 9
28	28	Section 9–1605.2(i)(2) 10
29	29	Annotated Code of Maryland 11
30	30	(2014 Replacement Volume and 2023 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Environment 15
36	36
37	37	9–1605.2. 16
38	38
39	39	(i) (2) Funds in the Bay Restoration Fund shall be used only: 17
40	40
41	41	(i) 1. To award grants for up to 100% of eligible costs of projects 18
42	42	relating to planning, design, construction, and upgrade of a publicly owned wastewater 19
43	43	facility for flows up to the design capacity of the wastewater facility, as approved by the 20
44	44	Department, to achieve enhanced nutrient removal in accordance with paragraph (4) of this 21
45	45	subsection; and 22
46	46
47	47	2. Subject to paragraph (12) of this subsection, to award 23
48	48	grants for up to 50% of eligible costs of projects relating to planning, design, construction, 24 2 SENATE BILL 726
49	49
50	50
51	51	and upgrade of a privately owned wastewater facility for flows up to the design capacity of 1
52	52	the wastewater facility, as approved by the Department, to achieve enhanced nutrient 2
53	53	removal in accordance with paragraph (4) of this subsection; 3
54	54
55	55	(ii) In fiscal years 2016 and thereafter, for up to 87.5% of the total 4
56	56	cost of projects, as approved by the Department, relating to combined sewer overflows 5
57	57	abatement, rehabilitation of existing sewers, and upgrading conveyance systems, including 6
58	58	pumping stations; 7
59	59
60	60	(iii) In fiscal years 2010 and thereafter, for a portion of the operation 8
61	61	and maintenance costs related to the enhanced nutrient removal technology, which may 9
62	62	not exceed 10% of the total restoration fee collected from users of wastewater facilities 10
63	63	under this section by the Comptroller annually; 11
64	64
65	65	(iv) In fiscal years 2018 and thereafter, after payment of outstanding 12
66	66	bonds and the allocation of funds to other required uses of the Bay Restoration Fund for 13
67	67	funding in the following order of priority: 14
68	68
69	69	1. For funding the eligible costs to upgrade a wastewater 15
70	70	facility to enhanced nutrient removal at wastewater facilities with a design capacity of 16
71	71	500,000 gallons or more per day; 17
72	72
73	73	2. For funding the eligible costs of the most cost–effective 18
74	74	enhanced nutrient removal upgrades at wastewater facilities with a design capacity of less 19
75	75	than 500,000 gallons per day; and 20
76	76
77	77	3. As determined by the Department and based on water 21
78	78	quality, climate resiliency, flood control, and public health benefits, for the following: 22
79	79
80	80	A. For costs identified under item (ii) of this paragraph; 23
81	81
82	82	B. For costs identified under subsection (h)(2)(i)1 of this 24
83	83	section; and 25
84	84
85	85	C. With respect to a local government that has enacted and 26
86	86	implemented a system of charges to fully fund the implementation of a stormwater 27
87	87	management program, for grants to the local government for a portion of the costs of the 28
88	88	most cost–effective and efficient stormwater control measures, including stormwater 29
89	89	measures relating to water quality, climate resiliency, or flood control, as determined and 30
90	90	approved by the Department, from the restoration fees collected annually by the 31
91	91	Comptroller from users of wastewater facilities under this section; 32
92	92
93	93	(v) As a source of revenue or security for the payment of principal 33
94	94	and interest on bonds issued by the Administration if the proceeds of the sale of the bonds 34
95	95	will be deposited in the Bay Restoration Fund; 35
96	96
97	97	(vi) To earn interest on Bay Restoration Fund accounts; 36 SENATE BILL 726 3
98	98
99	99
100	100
101	101	(vii) For the reasonable costs of administering the Bay Restoration 1
102	102	Fund, which may not exceed 1.5% of the total restoration fees imposed on users of 2
103	103	wastewater facilities that are collected by the Comptroller annually; 3
104	104
105	105	(viii) For the reasonable administrative costs incurred by a local 4
106	106	government or a billing authority for a water or wastewater facility collecting the 5
107	107	restoration fees, in an amount not to exceed 5% of the total restoration fees collected by 6
108	108	that local government or billing authority; 7
109	109
110	110	(ix) For future upgrades of wastewater facilities to achieve additional 8
111	111	nutrient removal or water quality improvement, in accordance with paragraphs (6) and (7) 9
112	112	of this subsection; 10
113	113
114	114	(x) For costs associated with the issuance of bonds; 11
115	115
116	116	(xi) Subject to the allocation of funds and the conditions under 12
117	117	subsection (h) of this section, for projects related to the removal of nitrogen from on–site 13
118	118	sewage disposal systems and cover crop activities; 14
119	119
120	120	(xii) For costs associated with the implementation of alternate 15
121	121	compliance plans authorized in § 4–202.1(k)(3) of this article; 16
122	122
123	123	(xiii) After funding any eligible costs identified under item (iv)1 and 2 17
124	124	of this paragraph, for transfers to the Clean Water Commerce Account in accordance with 18
125	125	paragraph (3) of this subsection; [and] 19
126	126
127	127	(xiv) After funding any eligible costs identified under item (iv)1 and 2 20
128	128	of this paragraph, for the transfers required under paragraph (11) of this subsection; AND 21
129	129
130	130	(XV) IN FISCAL YEARS 2026 AND THEREAFTER , FOR 100% OF THE 22
131	131	COST OF: 23
132	132
133	133	1. DECOMMISSIONING , CONSISTENT WITH THE 24
134	134	DEPARTMENT ’S LAND AND MATERIALS ADMINISTRATION ’S GUIDELINES , A 25
135	135	WASTEWATER TREATMENT LAGOON THAT IS: 26
136	136
137	137	A. LOCATED, IN WHOLE OR IN PART , IN A FLOODPLAIN 27
138	138	DESIGNATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY AS A SPECIAL 28
139	139	FLOOD HAZARD AREA ZONE A OR ZONE V; AND 29
140	140
141	141	B. NOT INTENDED FOR US E WITH A NEW WASTEWA TER 30
142	142	TREATMENT SYSTEM ; AND 31
143	143	4 SENATE BILL 726
144	144
145	145
146	146	2. THE PURCHASE AND INST ALLATION OF ALL PUMP 1
147	147	STATION AND RELATED SYSTEMS NECESSARY TO REDIRECT WASTEWATER OUT OF 2
148	148	THE FLOODPLAIN TO ANOTHER WASTEWATE R TREATMENT FACILITY IN 3
149	149	ACCORDANCE WITH THE DEPARTMENT ’S LAND AND MATERIALS 4
150	150	ADMINISTRATION ’S GUIDELINES. 5
151	151
152	152	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
153	153	October 1, 2024. 7