EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1135*
HOUSE BILL 1135
M3 5lr2651
By: Delegates Rosenberg and Ruff
Introduced and read first time: February 5, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Environment – Maryland Clean Water Fund – Authorized Uses 2
FOR the purpose of altering the uses of the Maryland Clean Water Fund to include 3
activities that are related to urban forest management; and generally relating to the 4
Maryland Clean Water Fund. 5
BY repealing and reenacting, with amendments, 6
Article – Environment 7
Section 9–320 8
Annotated Code of Maryland 9
(2014 Replacement Volume and 2024 Supplement) 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
9–320. 14
(a) There is a Maryland Clean Water Fund. 15
(b) The following payments shall be made into the Maryland Clean Water Fund: 16
(1) All application fees, permit fees, renewal fees, and funds collected by 17
the Department under this subtitle, including any civil or administrative penalty or any 18
fine imposed by a court under the provisions of this subtitle; 19
(2) Any civil penalty or any fine imposed by a court under the provisions of 20
Title 5, Subtitle 5 of this article relating to water appropriation and use; 21
2 HOUSE BILL 1135
(3) Any civil or administrative penalty or any fine imposed by a court under 1
the provisions of Title 4, Subtitle 1 of this article; 2
(4) Any fees or funds that the Department collects under Subtitle 2, Part 3
III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 4
or fine imposed by a court under the provisions of Subtitle 2 of this title; and 5
(5) Any fees or funds that the Department collects under Subtitle 24 of this 6
title and any civil or administrative penalty or fine imposed by a court under the provisions 7
of Subtitle 24 of this title. 8
(c) The Department shall use the Maryland Clean Water Fund for activities that 9
are related to: 10
(1) The identification, monitoring, and regulation of the proper discharge 11
of effluent into the waters of the State including program development of these activities 12
as provided by the State budget; 13
(2) The management, conservation, protection, and preservation of the 14
State’s groundwater and surface water including program development of these activities 15
as provided by the State budget; 16
(3) Correcting to the extent possible the failure to implement or maintain 17
erosion and sediment controls; 18
(4) Administration of the sediment control program; 19
(5) Emergency removal of sewage sludge or mitigation of the effect of any 20
utilization of sewage sludge that the Department finds: 21
(i) Endangers public health, safety, or welfare; or 22
(ii) Endangers or damages natural resources; 23
(6) Activities that are: 24
(i) Conducted by the Department, by a local health official, or by the 25
local health official’s designee under § 9–243(e) of this title; 26
(ii) Related to identifying, monitoring, or regulating the utilization 27
of sewage sludge, including program development; and 28
(iii) Conducted by the Department under Subtitle 24 of this title; 29
[and] 30
(7) Providing supplemental inspections and monitoring of sewage sludge 31
utilization sites by: 32 HOUSE BILL 1135 3
(i) Contracting with a county on request of that county to provide 1
supplemental inspections and monitoring; and 2
(ii) Limiting the value of services provided under the contract to no 3
more than 45% of the generator fees for sludge utilized in that county that is generated 4
outside of that county or service area; AND 5
(8) URBAN FOREST MANAGEME NT. 6
(d) An expenditure that the Department makes under subsection (c)(5) of this 7
section shall be reimbursed to the Department by the sewage sludge utilizer whose sewage 8
sludge utilization brought about the expenditure by: 9
(1) Endangering public health, safety, or welfare; or 10
(2) Endangering or damaging natural resources. 11
(e) In addition to any other legal action authorized by this subtitle, the Attorney 12
General may bring an action against any person who fails to reimburse the Department 13
under subsection (d) of this section to recover any expenditure that the Department makes 14
under subsection (c)(5) of this section. 15
(f) In determining the use of the Maryland Clean Water Fund, priority shall be 16
given to activities relating to the water quality of the Chesapeake Bay and its tributaries. 17
(g) Notwithstanding any law to the contrary, funds credited and any interest 18
accrued to the Fund: 19
(1) Shall remain available until expended; and 20
(2) May not be reverted to the General Fund under any other provision of 21
law. 22
(h) On or before January 15 of each year, the Department shall report to the 23
Senate [Education, Health, and Environmental Affairs] Committee ON EDUCATION, 24
ENERGY, AND THE ENVIRONMENT and the House Environment and Transportation 25
Committee, in accordance with § 2–1257 of the State Government Article, on the status of 26
the Maryland Clean Water Fund, including a detailed description of all revenues and 27
expenditures of the Fund for the previous year. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2025. 30