EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1058*
HOUSE BILL 1058
M3, L6 5lr2640
HB 1088/23 – ENT
By: Delegates Terrasa, Acevero, Fair, Hill, Kaufman, Lehman, Ruth, and Woorman
Introduced and read first time: February 5, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Emission Standards, Ambient Air Quality Standards, and Solid Waste 2
Management – Local Authority 3
FOR the purpose of altering certain provisions of law relating to the authority of a political 4
subdivision to adopt certain ordinances, rules, or regulations that set certain 5
emission standards or ambient air quality standards; specifying that a certain 6
requirement for the Department of the Environment to approve a certain county 7
water and sewerage plan does not limit certain authority of the county; specifying 8
that certain provisions of law do not limit certain authority of a political subdivision 9
to regulate refuse disposal systems or solid waste, subject to a certain condition; 10
requiring the Department to publish certain information on its website on or before 11
a certain date; and generally relating to local authority and emission standards, 12
ambient air quality standards, and solid waste management. 13
BY repealing and reenacting, with amendments, 14
Article – Environment 15
Section 2–104 16
Annotated Code of Maryland 17
(2013 Replacement Volume and 2024 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Environment 20
Section 9–502 21
Annotated Code of Maryland 22
(2014 Replacement Volume and 2024 Supplement) 23
BY adding to 24
Article – Environment 25
Section 9–731 to be under the new part “Part IV. Refuse Disposal Systems and Solid 26
Waste Regulation” 27
Annotated Code of Maryland 28 2 HOUSE BILL 1058
(2014 Replacement Volume and 2024 Supplement) 1
Preamble 2
WHEREAS, The General Assembly has previously enacted State laws to expressly 3
authorize political subdivisions to adopt local ordinances, rules, or regulations to ensure 4
clean air and to regulate solid waste management within the jurisdictional boundaries of 5
the political subdivisions so long as the local standards are at least as stringent as State or 6
federal standards; and 7
WHEREAS, Certain court decisions have made it apparent that the legislative intent 8
under the prior enactments regarding local authority has not been made sufficiently clear; 9
now, therefore, 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Environment 13
2–104. 14
(a) (1) Except as provided in this [section] SUBSECTION , this title does not 15
limit the power of a political subdivision to adopt ordinances, rules, or regulations that set 16
emission standards or ambient air quality standards. 17
(2) A political subdivision may not adopt any ordinance, rule, or regulation 18
that sets an emission standard or ambient air quality standard less stringent than the 19
standards set by the Department under this title. 20
(b) [The] IN ADDITION TO THE AU THORITY PROVIDED UNDER SU BSECTION 21
(A) OF THIS SECTION, THE governing body of any political subdivision may ALSO ask the 22
Department to adopt rules and regulations that set more restrictive emission standards or 23
ambient air quality standards in that political subdivision. 24
(C) AN ORDINANCE , A RULE, OR A REGULATION ADOP TED IN ACCORDANCE 25
WITH THIS SECTION MA Y NOT BE CONSTRUED T O BE IN CONFLICT WIT H A STANDARD 26
SET BY THE DEPARTMENT IF : 27
(1) THE LOCAL STANDARD IS AT LEAST AS STRINGEN T AS THE 28
STANDARD SET BY THE DEPARTMENT; AND 29
(2) IT IS TECHNICALLY POS SIBLE FOR A REGULATE D ENTITY TO 30
COMPLY WITH THE DEPARTMENT ’S STANDARD AND THE L OCAL STANDARD . 31
9–502. 32
HOUSE BILL 1058 3
(a) Unless the operation of a water supply system would interfere with a cleanup 1
or remediation action of the Department, this subtitle does not prohibit the installation or 2
operation of a water supply system that is used only to supply water for purposes other 3
than human or animal consumption. 4
(b) If a county is exempt from the provisions of this subtitle, the county may not 5
receive funds from the sanitary facilities fund. 6
(c) Any rule or regulation adopted under this subtitle does not limit or supersede 7
any other county, municipal, or State law, rule, or regulation that provides greater 8
protection to the public health, safety, or welfare. 9
(D) THE REQUIREMENT FOR T HE DEPARTMENT TO APPROVE A COUNTY 10
WATER AND SEWERAGE P LAN UNDER § 9–503 OF THIS SUBTITLE DOE S NOT LIMIT: 11
(1) THE CONTRACTING AUTHO RITY OF A COUNTY ; OR 12
(2) THE AUTHORITY OF A CO UNTY TO SET EMISSION STANDARDS O R 13
AMBIENT AIR QUALITY STANDARDS IN ACCORDA NCE WITH § 2–104 OF THIS ARTICLE. 14
9–729. RESERVED. 15
9–730. RESERVED. 16
PART IV. REFUSE DISPOSAL SYSTEMS AND SOLID WASTE REGULATION. 17
9–731. 18
(A) EXCEPT AS PROVIDED IN THIS PART, THIS TITLE DOES NOT LIMIT THE 19
POWER OF A POLITICAL SUBDIVISION TO ADOPT ANY ORDINANCE , RULE, OR 20
REGULATION TO REGULA TE REFUSE DISPOSAL S YSTEMS OR SOLID WAST E. 21
(B) A POLITICAL SUBDIVISIO N MAY NOT ADOPT ANY ORDINANCE, RULE, OR 22
REGULATION TO REGULA TE REFUSE DISPOSAL S YSTEMS OR SOLID WASTE IN A 23
MANNER THAT IS LESS STRINGENT THAN THE S TANDARDS SET BY THE DEPARTMENT 24
UNDER THIS TITLE . 25
(C) AN ORDINANCE , A RULE, OR A REGULATION ADOP TED IN ACCORDANCE 26
WITH THIS SECTION MA Y NOT BE CONSTRUED T O BE IN CONFLICT WIT H A STANDARD 27
SET BY THE DEPARTMENT IF THE LOC AL STANDARD IS AT LE AST AS STRINGENT AS 28
THE STANDARD SET BY THE DEPARTMENT . 29
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2025, 30
the Department of the Environment shall publish information on its website recognizing 31 4 HOUSE BILL 1058
the legal authority of political subdivisions to adopt local ordinances, rules, or regulations 1
to ensure clean air and to regulate solid waste management within the jurisdictional 2
boundaries of the political subdivisions so long as the local standards are at least as 3
stringent as State and federal standards. 4
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2025. 6