Maryland 2025 Regular Session

Maryland House Bill HB25 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb0025
10	9
11	10		HOUSE BILL 25
12		-	M3 (5lr0294)
13		-	ENROLLED BILL
14		-	— Environment and Transportation/Education, Energy, and the Environment —
15		-	Introduced by Chair, Environment and Transportation Committee (By Request –
	11	+	M3 5lr0294
	12	+	(PRE–FILED) CF SB 265
	13	+	By: Chair, Environment and Transportation Committee (By Request –
16	14		Departmental – Environment)
17		-
18		-	Read and Examined by Proofreaders:
19		-
20		-	_______________________________________________
21		-	Proofreader.
22		-	_______________________________________________
23		-	Proofreader.
24		-
25		-	Sealed with the Great Seal and presented to the Governor, for his approval this
26		-
27		-	_______ day of _______________ at ________________________ o’clock, ________M.
28		-
29		-	______________________________________________
30		-	Speaker.
	15	+	Requested: October 6, 2024
	16	+	Introduced and read first time: January 8, 2025
	17	+	Assigned to: Environment and Transportation
	18	+	Committee Report: Favorable with amendments
	19	+	House action: Adopted
	20	+	Read second time: February 11, 2025
31	21
32	22		CHAPTER ______
33	23
34	24		AN ACT concerning 1
35	25
36	26		Environment – Reservoir Augmentation Permit – Establishment 2
37	27
38	28		FOR the purpose of establishing the Reservoir Augmentation Program in the Department 3
39	29		of the Environment; requiring a person to obtain a permit from the Department to 4
40	30		perform reservoir augmentation; providing for the issuance, modification, renewal, 5
41	31		denial, or revocation of a reservoir augmentation permit under the Program; 6
42	32		requiring certain revenues to be used for the operation and oversight of the Program; 7
43	33		and generally relating to the establishment of the Reservoir Augmentation Program. 8
44	34
45	35		BY repealing and reenacting, with amendments, 9
46	36		Article – Environment 10
47	37		Section 1–601(a) 11
48	38		Annotated Code of Maryland 12
49		-	(2013 Replacement Volume and 2024 Supplement) 13 2 HOUSE BILL 25
	39	+	(2013 Replacement Volume and 2024 Supplement) 13
	40	+
	41	+	BY repealing and reenacting, with amendments, 14
	42	+	Article – Environment 15
	43	+	Section 9–301, 9–303.2(o), and 9–320(b) 16
	44	+	Annotated Code of Maryland 17
	45	+	(2014 Replacement Volume and 2024 Supplement) 18
	46	+
	47	+	BY repealing and reenacting, without amendments, 19
	48	+	Article – Environment 20 2 HOUSE BILL 25
	49	+
	50	+
	51	+	Section 9–303.2(b) and 9–320(a) 1
	52	+	Annotated Code of Maryland 2
	53	+	(2014 Replacement Volume and 2024 Supplement) 3
	54	+
	55	+	BY adding to 4
	56	+	Article – Environment 5
	57	+	Section 9–303.4 6
	58	+	Annotated Code of Maryland 7
	59	+	(2014 Replacement Volume and 2024 Supplement) 8
	60	+
	61	+	BY repealing and reenacting, without amendments, 9
	62	+	Article – Environment 10
	63	+	Section 9–320(a) 11
	64	+	Annotated Code of Maryland 12
	65	+	(2014 Replacement Volume and 2024 Supplement) 13
	66	+
	67	+	BY repealing and reenacting, with amendments, 14
	68	+	Chapter 122 of the Acts of the General Assembly of 2023 15
	69	+	Section 3 16
	70	+
	71	+	BY repealing and reenacting, with amendments, 17
	72	+	Chapter 123 of the Acts of the General Assembly of 2023 18
	73	+	Section 3 19
	74	+
	75	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
	76	+	That the Laws of Maryland read as follows: 21
	77	+
	78	+	Article – Environment 22
	79	+
	80	+	1–601. 23
	81	+
	82	+	(a) Permits issued by the Department under the following sections shall be issued 24
	83	+	in accordance with this subtitle: 25
	84	+
	85	+	(1) Air quality control permits to construct subject to § 2–404 of this article; 26
	86	+
	87	+	(2) Permits to install, materially alter, or materially extend landfill 27
	88	+	systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 28
	89	+
	90	+	(3) Permits to discharge pollutants to waters of the State issued pursuant 29
	91	+	to § 9–323 of this article; 30
	92	+
	93	+	(4) Permits to install, materially alter, or materially extend a structure 31
	94	+	used for storage or distribution of any type of sewage sludge issued, renewed, or amended 32
	95	+	pursuant to § 9–234.1 or § 9–238 of this article; 33
	96	+	HOUSE BILL 25 3
	97	+
	98	+
	99	+	(5) Permits to own, operate, establish, or maintain a controlled hazardous 1
	100	+	substance facility issued pursuant to § 7–232 of this article; 2
	101	+
	102	+	(6) Permits to own, operate, or maintain a hazardous material facility 3
	103	+	issued pursuant to § 7–103 of this article; 4
	104	+
	105	+	(7) Permits to own, operate, establish, or maintain a low–level nuclear 5
	106	+	waste facility issued pursuant to § 7–233 of this article; [and] 6
	107	+
	108	+	(8) Potable reuse permits issued in accordance with § 9–303.2 of this 7
	109	+	article; AND 8
	110	+
	111	+	(9) PERMITS FOR RESERVOIR AUGMENTATION ISSUED IN 9
	112	+	ACCORDANCE WITH § 9–303.4 OF THIS ARTICLE . 10
	113	+
	114	+	9–301. 11
	115	+
	116	+	(a) In this subtitle the following words have the meanings indicated. 12
	117	+
	118	+	(b) “Board” means the Water Science Advisory Board. 13
	119	+
	120	+	(c) “CAFO” means a concentrated animal feeding operation, as defined in 14
	121	+	Department regulations. 15
	122	+
	123	+	(d) “Discharge permit” means a permit issued by the Department for the 16
	124	+	discharge of any pollutant or combination of pollutants into the waters of this State. 17
	125	+
	126	+	(E) “DRINKING WATER TREATM ENT FACILITY” MEANS A FACILITY THA T IS 18
	127	+	USED TO TREAT WATER IN A PUBLIC WATER SY STEM. 19
	128	+
	129	+	[(e)] (F) “Person” includes the federal government, this State, any county, 20
	130	+	municipal corporation, or other political subdivision of this State, or any of their units. 21
	131	+
	132	+	(G) “PUBLIC WATER SYSTEM ” HAS THE MEANING STAT ED IN § 9–401 OF THIS 22
	133	+	TITLE. 23
	134	+
	135	+	[(f)] (H) “Reclaimed water” means sewage that: 24
	136	+
	137	+	(1) Has been treated to a high quality suitable for various reuses; and 25
	138	+
	139	+	(2) Has a concentration of less than: 26
	140	+
	141	+	(i) 3 fecal coliform colonies per 100 milliliters; 27
	142	+
	143	+	(ii) 10 milligrams per liter of 5–day biological oxygen demand; and 28
	144	+	4 HOUSE BILL 25
	145	+
	146	+
	147	+	(iii) 10 milligrams per liter of total suspended solids. 1
	148	+
	149	+	(I) “RESERVOIR AUGMENTATIO N” MEANS THE PLANNED PL ACEMENT OF 2
	150	+	RECLAIMED WATER INTO A SURFACE WATER RESE RVOIR USED AS A SOUR CE FOR A 3
	151	+	DRINKING WATER TREAT MENT FACILITY. 4
	152	+
	153	+	(J) “RESERVOIR AUGMENTATIO N PERMIT” MEANS A PERMIT ISSUED BY 5
	154	+	THE DEPARTMENT FOR RESERV OIR AUGMENTATION . 6
	155	+
	156	+	[(g)] (K) “Sewage” means any human or animal excretion, domestic waste, or 7
	157	+	industrial waste. 8
	158	+
	159	+	[(h)] (L) (1) “Sewerage system” means: 9
	160	+
	161	+	(i) The channels used or intended to be used to collect and dispose 10
	162	+	of sewage; and 11
	163	+
	164	+	(ii) Any structure and appurtenance used or intended to be used to 12
	165	+	collect or prepare sewage for discharge into the waters of this State. 13
	166	+
	167	+	(2) “Sewerage system” includes any sewer of any size. 14
	168	+
	169	+	(3) “Sewerage system” does not include the plumbing system inside any 15
	170	+	building served by the sewerage system. 16
	171	+
	172	+	9–303.2. 17
	173	+
	174	+	(b) There is an Indirect Potable Reuse Pilot Program in the Department. 18
	175	+
	176	+	(o) (1) On or before December 31, 2024, the Department shall report to the 19
	177	+	Governor and, in accordance with § 2–1257 of the State Government Article, the General 20
	178	+	Assembly on: 21
	179	+
	180	+	[(1)] (I) The status of the Pilot Program; 22
	181	+
	182	+	[(2)] (II) Whether the Pilot Program should be extended or made 23
	183	+	permanent; and 24
	184	+
	185	+	[(3)] (III) Any statutory or regulatory changes that the Department 25
	186	+	recommends to permanently authorize the regulated use of reclaimed water as a source for 26
	187	+	drinking water treatment facilities, if appropriate. 27
	188	+
	189	+	(2) ON OR BEFORE DECEMBER 31, 2029, THE DEPARTMENT SHALL 28
	190	+	REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 29
	191	+	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE IMPLE MENTATION OF 30
	192	+	THE PILOT PROGRAM. 31 HOUSE BILL 25 5
50	193
51	194
52	195
53		-	BY repealing and reenacting, with amendments, 1
54		-	Article – Environment 2
55		-	Section 9–301, 9–303.2(o), and 9–320(b) 3
56		-	Annotated Code of Maryland 4
57		-	(2014 Replacement Volume and 2024 Supplement) 5
	196	+	9–303.4. 1
58	197
59		-	BY repealing and reenacting, without amendments, 6
60		-	Article – Environment 7
61		-	Section 9–303.2(b) and 9–320(a) 8
62		-	Annotated Code of Maryland 9
63		-	(2014 Replacement Volume and 2024 Supplement) 10
	198	+	(A) THERE IS A RESERVOIR AUGMENTATION PROGRAM IN THE 2
	199	+	DEPARTMENT . 3
64	200
65		-	BY adding to 11
66		-	Article – Environment 12
67		-	Section 9–303.4 13
68		-	Annotated Code of Maryland 14
69		-	(2014 Replacement Volume and 2024 Supplement) 15
	201	+	(B) EXCEPT AS PROVIDED IN THIS SECTION, A PERSON MAY NOT PERFORM 4
	202	+	RESERVOIR AUGMENTATI ON. 5
70	203
71		-	BY repealing and reenacting, without amendments, 16
72		-	Article – Environment 17
73		-	Section 9–320(a) 18
74		-	Annotated Code of Maryland 19
75		-	(2014 Replacement Volume and 2024 Supplement) 20
	204	+	(C) SUBJECT TO THE PROVIS IONS OF THIS SECTION , THE DEPARTMENT 6
	205	+	MAY ISSUE, MODIFY, OR RENEW A RESERVOIR AUGMENTATION PERMIT IF THE 7
	206	+	DEPARTMENT FINDS THAT : 8
76	207
77		-	BY repealing and reenacting, with amendments, 21
78		-	Chapter 122 of the Acts of the General Assembly of 2023 22
79		-	Section 3 23
	208	+	(1) THE TREATMENT PROCESS WILL MEET OR SURPASS STANDARDS 9
	209	+	ESTABLISHED BY THE DEPARTMENT BEFORE WAT ER ENTERS THE RESERV OIR; 10
80	210
81		-	~~BY repealing and reenacting,~~ ~~with amendments,~~ 24
82		-	~~Chapter 123 of~~ the ~~Acts of~~ the ~~General Assembly of 2023 25~~
83		-	~~Section 3 26~~
	211	+	(2) THE TREATMENT PROCESS WILL MEET OR SURPASS STANDARDS 11
	212	+	ESTABLISHED BY THE DEPARTMENT BEFORE WAT ER ENTERS THE DISTRI BUTION 12
	213	+	SYSTEM; AND 13
84	214
85		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
86		-	That the Laws of Maryland read as follows: 28
	215	+	(3) THE APPLICANT AGREES TO PROVIDE THE DEPARTMENT THE 14
	216	+	RIGHT OF ENTRY ON TH E PERMIT SITE AT ANY REASONABLE TIME TO I NSPECT OR 15
	217	+	INVESTIGATE FOR A VI OLATION OR POTENTIAL VIOLATION OF THE RES ERVOIR 16
	218	+	AUGMENTATION PERMIT . 17
87	219
88		-	Article – Environment 29
	220	+	(D) THE DEPARTMENT MAY INCLUD E IN A RESERVOIR AUG MENTATION 18
	221	+	PERMIT ANY TERM , CONDITION, OR REQUIREMENT THAT THE DEPARTMENT DEEMS 19
	222	+	APPROPRIATE TO PROTE CT PUBLIC HEALTH OR THE ENVIRONMENT . 20
89	223
90		-	1–601. 30
	224	+	(E) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE SHAL L 21
	225	+	GOVERN THE ISSUANCE OF POTABLE REUSE RESERVOIR AUGMENTATI ON PERMITS. 22
91	226
92		-	(a) Permits issued by the Department under the following sections shall be issued 31
93		-	in accordance with this subtitle: 32
	227	+	(F) (1) A PERSON SHALL OBTAIN, ON WRITTEN APPLICATI ON TO THE 23
	228	+	DEPARTMENT , A PERMIT FROM THE DEPARTMENT TO PERFORM RESERVOIR 24
	229	+	AUGMENTATION . 25
94	230
95		-	(1) Air quality control permits to construct subject to § 2–404 of this article; 33
	231	+	(2) AN APPLICATION FOR A RESERVOIR AUGMENTATI ON PERMIT 26
	232	+	SHALL INCLUDE : 27
96	233
97		-	(2) Permits to install, materially alter, or materially extend landfill 34
98		-	systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 35 HOUSE BILL 25 3
	234	+	(I) A FEASIBILITY STUDY SH OWING THE PURPOSE AN D THE 28
	235	+	NEED FOR THE RESERVOIR AUGMENTATI ON PROJECT, INCLUDING: 29
	236	+
	237	+	1. A DESCRIPTION AND TECH NICAL ANALYSIS OF TH E 30
	238	+	RESERVOIR AUGMENTATI ON PROJECT AND ALTER NATIVE OPTIONS ; AND 31 6 HOUSE BILL 25
99	239
100	240
101	241
102		-	~~(3) Permits to discharge pollutants to waters of~~ the ~~State issued pursuant~~ 1
103		-	~~to § 9–323 of this article~~; 2
	242	+	2. THE COSTS ASSOCIATED WITH THE RESERVOIR 1
	243	+	AUGMENTATION PROJECT AND ALTERNATIVE OPTI ONS; AND 2
104	244
105		-	(4) Permits to install, materially alter, or materially extend a structure 3
106		-	used for storage or distribution of any type of sewage sludge issued, renewed, or amended 4
107		-	pursuant to § 9–234.1 or § 9–238 of this article; 5
	245	+	(II) ANY ADDITIONAL INFORM ATION REQUESTED BY T HE 3
	246	+	DEPARTMENT . 4
108	247
109		-	(5) ~~Permits~~ to ~~own, operate, establish, or maintain~~ a ~~controlled hazardous 6~~
110		-	~~substance facility issued pursuant to § 7–232 of this article; 7~~
	248	+	(G) THE DEPARTMENT MAY REFUSE TO ISSUE A RESERVOIR 5
	249	+	AUGMENTATION PERMIT IF: 6
111	250
112		-	(6) ~~Permits to own,~~ ~~operate, or maintain a hazardous material facility 8~~
113		-	~~issued pursuant to § 7–103 of this article~~; 9
	251	+	(1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION 7
	252	+	REQUESTED BY THE DEPARTMENT ; 8
114	253
115		-	(7) ~~Permits~~ to ~~own, operate,~~ ~~establish, or maintain a low–level nuclear 10~~
116		-	~~waste facility issued pursuant~~ to ~~§ 7–233 of this article~~; ~~[and] 11~~
	254	+	(2) THE APPLICANT FAILS O R REFUSES TO ALLOW THE DEPARTMENT 9
	255	+	TO INSPECT THE PERMI T SITE; 10
117	256
118		-	(8) ~~Potable reuse permits issued in accordance~~ with ~~§ 9–303.2 of this 12~~
119		-	~~article~~; ~~AND 13~~
	257	+	(3) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH 11
	258	+	ANY STATE OR FEDERAL LAW , REGULATION , OR PERMIT; 12
120	259
121		-	(9) PERMITS FOR RESERVOIR AUGMENTATION ISSUED IN 14
122		-	ACCORDANCE WITH § 9–303.4 OF THIS ARTICLE . 15
	260	+	(4) THE DEPARTMENT FINDS THAT THE ISSUANCE OF THE 13
	261	+	RESERVOIR AUGMENTATI ON PERMIT WOULD VIOLATE ANY STATE OR FEDERAL LAW 14
	262	+	OR ANY REGULATION AD OPTED UNDER STATE OR FEDERAL LAW ; OR 15
123	263
124		-	9–301. 16
	264	+	(5) THE APPLICANT FAILS O R REFUSES TO PAY THE APPLICATION 16
	265	+	FEE ESTABLISHED UNDE R SUBSECTION (J) OF THIS SECTION. 17
125	266
126		-	(a) In this subtitle the following words have the meanings indicated. 17
	267	+	(H) THE DEPARTMENT MAY NOT IS SUE A RESERVOIR AUGM ENTATION 18
	268	+	PERMIT FOR A TERM LO NGER THAN 5 YEARS. 19
127	269
128		-	(b) “Board” means the Water Science Advisory Board. 18
	270	+	(I) THE DEPARTMENT MAY REVOKE A RESERVOIR AUGMENTA TION PERMIT 20
	271	+	IF THE DEPARTMENT FINDS THAT : 21
129	272
130		-	(c) ~~“CAFO” means a concentrated animal feeding operation,~~ ~~as defined in 19~~
131		-	~~Department regulations.~~ 20
	273	+	(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 22
	274	+	INFORMATION ; 23
132	275
133		-	(d) ~~“Discharge permit”~~ ~~means a permit issued by~~ the ~~Department for the 21~~
134		-	~~discharge of any pollutant~~ or ~~combination of pollutants into the waters of this State. 22~~
	276	+	(2) CONDITIONS OR REQUIRE MENTS OF THE RESERVO IR 24
	277	+	AUGMENTATION PERMIT HAVE BEEN OR ARE ABO UT TO BE VIOLATED ; 25
135	278
136		-	(E) ~~“DRINKING WATER TREATM ENT FACILITY”~~ ~~MEANS A FACILITY THA T IS 23~~
137		-	~~USED~~ TO ~~TREAT WATER IN A PUBLIC WATER SY STEM. 24~~
	279	+	(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 26
	280	+	REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 27
138	281
139		-	[(e)] (F) “Person” includes the federal government, this State, any county, 25
140		-	municipal corporation, or other political subdivision of this State, or any of their units. 26
141		-
142		-	(G) “PUBLIC WATER SYSTEM ” HAS THE MEANING STAT ED IN § 9–401 OF THIS 27
143		-	TITLE. 28
144		-
145		-	[(f)] (H) “Reclaimed water” means sewage that: 29
146		-	4 HOUSE BILL 25
147		-
148		-
149		-	(1) Has been treated to a high quality suitable for various reuses; and 1
150		-
151		-	(2) Has a concentration of less than: 2
152		-
153		-	(i) 3 fecal coliform colonies per 100 milliliters; 3
154		-
155		-	(ii) 10 milligrams per liter of 5–day biological oxygen demand; and 4
156		-
157		-	(iii) 10 milligrams per liter of total suspended solids. 5
158		-
159		-	(I) “RESERVOIR AUGMENTATIO N” MEANS THE PLANNED PL ACEMENT OF 6
160		-	RECLAIMED WATER INTO A SURFACE WATER RESE RVOIR USED AS A SOUR CE FOR A 7
161		-	DRINKING WATER TREAT MENT FACILITY. 8
162		-
163		-	(J) “RESERVOIR AUGMENTATIO N PERMIT” MEANS A PERMIT ISSUE D BY 9
164		-	THE DEPARTMENT FOR RESERV OIR AUGMENTATION . 10
165		-
166		-	[(g)] (K) “Sewage” means any human or animal excretion, domestic waste, or 11
167		-	industrial waste. 12
168		-
169		-	[(h)] (L) (1) “Sewerage system” means: 13
170		-
171		-	(i) The channels used or intended to be used to collect and dispose 14
172		-	of sewage; and 15
173		-
174		-	(ii) Any structure and appurtenance used or intended to be used to 16
175		-	collect or prepare sewage for discharge into the waters of this State. 17
176		-
177		-	(2) “Sewerage system” includes any sewer of any size. 18
178		-
179		-	(3) “Sewerage system” does not include the plumbing system inside any 19
180		-	building served by the sewerage system. 20
181		-
182		-	9–303.2. 21
183		-
184		-	(b) There is an Indirect Potable Reuse Pilot Program in the Department. 22
185		-
186		-	(o) (1) On or before December 31, 2024, the Department shall report to the 23
187		-	Governor and, in accordance with § 2–1257 of the State Government Article, the General 24
188		-	Assembly on: 25
189		-
190		-	[(1)] (I) The status of the Pilot Program; 26
191		-
192		-	[(2)] (II) Whether the Pilot Program should be extended or made 27
193		-	permanent; and 28
194		-	HOUSE BILL 25 5
195		-
196		-
197		-	[(3)] (III) Any statutory or regulatory changes that the Department 1
198		-	recommends to permanently authorize the regulated use of reclaimed water as a source for 2
199		-	drinking water treatment facilities, if appropriate. 3
200		-
201		-	(2) ON OR BEFORE DECEMBER 31, 2029, THE DEPARTMENT SHALL 4
202		-	REPORT TO THE GOVERNOR AND , IN ACCORDA NCE WITH § 2–1257 OF THE STATE 5
203		-	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE IMPLE MENTATION OF 6
204		-	THE PILOT PROGRAM. 7
205		-
206		-	9–303.4. 8
207		-
208		-	(A) THERE IS A RESERVOIR AUGMENTATION PROGRAM IN THE 9
209		-	DEPARTMENT . 10
210		-
211		-	(B) EXCEPT AS PROVIDED IN THIS SECTION, A PERSON MAY NOT PERFORM 11
212		-	RESERVOIR AUGMENTATI ON. 12
213		-
214		-	(C) SUBJECT TO THE PROVIS IONS OF THIS SECTION , THE DEPARTMENT 13
215		-	MAY ISSUE, MODIFY, OR RENEW A RESERVOIR AUGMENTATION PERMIT IF THE 14
216		-	DEPARTMENT FINDS THAT : 15
217		-
218		-	(1) THE TREATMENT PROCESS WILL MEET OR SURPASS STANDARDS 16
219		-	ESTABLISHE D BY THE DEPARTMENT BEFORE WAT ER ENTERS THE RESERV OIR; 17
220		-
221		-	(2) THE TREATMENT PROCESS WILL MEET OR SURPASS STANDARDS 18
222		-	ESTABLISHED BY THE DEPARTMENT BEFORE WAT ER ENTERS THE DISTRI BUTION 19
223		-	SYSTEM; AND 20
224		-
225		-	(3) THE APPLICANT AGREES TO PROVIDE THE DEPARTMENT THE 21
226		-	RIGHT OF ENTRY ON THE PE RMIT SITE AT ANY REA SONABLE TIME TO INSP ECT OR 22
227		-	INVESTIGATE FOR A VI OLATION OR POTENTIAL VIOLATION OF THE RES ERVOIR 23
228		-	AUGMENTATION PERMIT . 24
229		-
230		-	(D) THE DEPARTMENT MAY INCLUD E IN A RESERVOIR AUG MENTATION 25
231		-	PERMIT ANY TERM , CONDITION, OR REQUIREM ENT THAT THE DEPARTMENT DEEMS 26
232		-	APPROPRIATE TO PROTE CT PUBLIC HEALTH OR THE ENVIRONMENT . 27
233		-
234		-	(E) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE SHAL L 28
235		-	GOVERN THE ISSUANCE OF POTABLE REUSE RESERVOIR AUGMENTATI ON PERMITS. 29
236		-
237		-	(F) (1) A PERSON SHALL OBTAIN , ON WRITTEN APPLICATIO N TO THE 30
238		-	DEPARTMENT , A PERMIT FROM THE DEPARTMENT TO PERFORM RESERVOIR 31
239		-	AUGMENTATION . 32
240		-	6 HOUSE BILL 25
241		-
242		-
243		-	(2) AN APPLICATION FOR A RESERVOIR AUGMENTATI ON PERMIT 1
244		-	SHALL INCLUDE : 2
245		-
246		-	(I) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 3
247		-	SUBSECTION, A FEASIBILITY STUDY SH OWING THE PURPOSE AN D THE NEED FOR 4
248		-	THE RESERVOIR AUGMEN TATION PROJECT , INCLUDING: 5
249		-
250		-	1. A DESCRIPTION AND TECH NICAL ANALYSIS OF TH E 6
251		-	RESERVOIR AUGMENTATI ON PROJECT AND ALTER NATIVE OPTIONS ; AND 7
252		-
253		-	2. THE COSTS ASSOCIATED WITH THE RESERVOIR 8
254		-	AUGMENTATION PROJECT AND ALTERNATIVE OPTI ONS; AND 9
255		-
256		-	(II) ANY ADDITIONAL INFORM ATION REQUESTED BY T HE 10
257		-	DEPARTMENT . 11
258		-
259		-	(3) A FEASIBILITY STUDY IS NOT REQUIRED FOR A R ESERVOIR 12
260		-	AUGMENTATION PROJECT THAT WAS PREVIOUSLY APPROVED BY THE DEPARTMENT 13
261		-	UNDER THE INDIRECT POTABLE REUSE PILOT PROGRAM. 14
262		-
263		-	(G) THE DEPARTMENT MAY REFUSE TO ISSUE A RESERVOIR 15
264		-	AUGMENTATION PERMIT IF: 16
265		-
266		-	(1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION 17
267		-	REQUESTED BY THE DEPARTMENT ; 18
268		-
269		-	(2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT 19
270		-	TO INSPECT THE PERMI T SITE; 20
271		-
272		-	(3) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH 21
273		-	ANY STATE OR FEDERAL LAW , REGULATION , OR PERMIT; 22
274		-
275		-	(4) THE DEPARTMENT FINDS THAT THE ISSUANCE OF THE 23
276		-	RESERVOIR AUGMENTATI ON PERMIT WOULD VIOL ATE ANY STATE OR FEDERAL LAW 24
277		-	OR ANY REGULATION AD OPTED UNDER STATE OR FEDERAL LAW ; OR 25
278		-
279		-	(5) THE APPLICANT FAILS O R REFUSES TO PAY THE APPLICATION 26
280		-	FEE ESTABLISHED UNDE R SUBSECTION (J) OF THIS SECTION. 27
281		-
282		-	(H) THE DEPARTMENT MAY NOT IS SUE A RESERVOIR AUGM ENTATION 28
283		-	PERMIT FOR A TERM LONGER THA N 5 YEARS. 29
284		-
285		-	(I) THE DEPARTMENT MAY REVOKE A RESERVOIR AUGMENTA TION PERMIT 30
286		-	IF THE DEPARTMENT FINDS THAT : 31 HOUSE BILL 25 7
	282	+	(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR 28
	283	+	THE PURPOSE OF EVALU ATING COMPLIANCE WITH THE RESERVOIR AUGMENTATI ON 29
	284	+	PERMIT; 30 HOUSE BILL 25 7
287	285
288	286
289	287
290		-	(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 1
291		-	INFORMATION ; 2
	288	+	(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 1
	289	+	TEMPORARY OR PERMANE NT REDUCTION OR ELIM INATION OF THE USE O F 2
	290	+	RECLAIMED WATER ; 3
292	291
293		-	(2) CONDITIONS OR REQUIRE MENTS OF THE RESERVO IR 3
294		-	AUGMENTATION PERMIT HAVE BEEN OR ARE ABOUT TO BE VIOL ATED; 4
	292	+	(6) THERE IS NONCOMPLIANC E WITH A DISCHARGE P ERMIT OR 4
	293	+	PRETREATMENT R EGULATION ADOPTED BY THE DEPARTMENT THAT MAY A FFECT 5
	294	+	THE RECLAIMED WATER ; 6
295	295
296		-	(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 5
297		-	REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 6
	296	+	(7) ANY REQUIREMENT ESTAB LISHED UNDER THE FED ERAL SAFE 7
	297	+	DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE 12 OF THIS ARTICLE 8
	298	+	HAS BEEN OR IS THREA TENED TO BE VIOLATED ; OR 9
298	299
299		-	(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR 7
300		-	THE PURPOSE OF EVALU ATING COMPLIANCE WIT H THE RESERVOIR AUGMENT ATION 8
301		-	PERMIT; 9
	300	+	(8) THE RECLAIMED WATER M AY THREATEN PUBLIC H EALTH, 10
	301	+	SAFETY, COMFORT, OR THE ENVIRONMENT . 11
302	302
303		-	(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 10
304		-	TEMPORARY OR PERMANE NT REDUCTION OR ELIM INATION OF THE USE O F 11
305		-	RECLAIMED WATER ; 12
	303	+	(J) (1) THE DEPARTMENT SHALL ADOP T REGULATIONS THAT 12
	304	+	ESTABLISH: 13
306	305
307		-	(6) THERE IS NONCOMPLIANC E WITH A DISCHARGE P ERMIT OR 13
308		-	PRETREATMENT REGULAT ION ADOPTED BY THE DEPARTMENT THAT MAY A FFECT 14
309		-	THE RECLAIMED WATER ; 15
	306	+	(I) THE STANDARDS FOR RES ERVOIR AUGMENTATION ; AND 14
310	307
311		-	(7) ANY REQUIREMENT ESTAB LISHED UNDER THE FED ERAL SAFE 16
312		-	DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE 12 OF THIS ARTICLE 17
313		-	HAS BEEN OR IS THREA TENED TO BE VIOLATED ; OR 18
	308	+	(II) THE APPLICATION , ISSUANCE, REVOCATION , AND 15
	309	+	MODIFICATION OF A RE SERVOIR AUGMENTATION PERMIT. 16
314	310
315		-	(8) THE RECLAIMED WA TER MAY THREATEN PUB LIC HEALTH , 19
316		-	SAFETY, COMFORT, OR THE ENVIRONMENT . 20
	311	+	(2) THE REGULATIONS ADOPT ED UNDER THIS SECTIO N SHALL SET A 17
	312	+	REASONABLE APPLICATI ON FEE IN AN AMOUNT DESIGNATED DESIGNED TO COVER 18
	313	+	THE COST OF ISSUING AND ADMINISTERING A RESERVOIR AUGMENTATI ON PERMIT 19
	314	+	UNDER THE PROGRAM. 20
317	315
318		-	(J) (1) THE DEPARTMENT SHALL ADOP T REGULATIONS THAT 21
319		-	ESTABLISH: 22
	316	+	(K) ALL REVENUES COLLECTE D BY THE DEPARTMENT UNDER THIS 21
	317	+	SECTION, INCLUDING APPLICATIO N FEES, PERMIT FEES, RENEWAL FEES , OR ANY 22
	318	+	ADMINISTRATIVE PENAL TY, CIVIL PENALTY, OR ANY FINE IMPOSED BY A COURT FOR 23
	319	+	VIOLATIONS OF THIS S ECTION, SHALL BE DISTRIBUTED TO A SPECI AL FUND, TO BE 24
	320	+	USED ONLY FOR THE OP ERATION AND OVERSIGH T OF THE RESERVOIR 25
	321	+	AUGMENTATION PROGRAM. 26
320	322
321		-	(I) THE STANDARDS FOR RES ERVOIR AUGMENTATION ; AND 23
	323	+	(L) ON OR BEFORE DECEMBER 31, 2035, AND EVERY 5 YEARS THEREAFTER , 27
	324	+	THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH 28
	325	+	§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE 29
	326	+	IMPLEMENTATION OF TH E RESERVOIR AUGMENTATION PROGRAM. 30
322	327
323		-	(II) THE APPLICATION , ISSUANCE, REVOCATION , AND 24
324		-	MODIFICATION OF A RESERVOIR AUGMENTA TION PERMIT. 25
	328	+	9–320. 31
325	329
326		-	(2) THE REGULATIONS ADOPT ED UNDER THIS SECTIO N SHALL SET A 26
327		-	REASONABLE APPLICATI ON FEE IN AN AMOUNT DESIGNATED DESIGNED TO COVER 27
328		-	THE COST OF ISSUING AND ADMINISTERING A RESERVOIR AUGMENTATI ON PERMIT 28
329		-	UNDER THE PROGRAM. 29
330		-
331		-	(K) ALL REVENUES COLLECTE D BY THE DEPARTMENT UNDER THIS 30
332		-	SECTION, INCLUDING APPLICATIO N FEES, PERMIT FEES, RENEWAL FEES , OR ANY 31 8 HOUSE BILL 25
333		-
334		-
335		-	ADMINISTRATIVE PENAL TY, CIVIL PENALTY, OR ANY FINE IMPOSED BY A COURT FOR 1
336		-	VIOLATIONS OF THIS S ECTION, SHALL BE DISTRIBUTED TO A SPECIAL FUND, TO BE 2
337		-	USED ONLY FOR THE OP ERATION AND OVERSIGH T OF THE RESERVOIR 3
338		-	AUGMENTATION PROGRAM. 4
339		-
340		-	(L) ON OR BEFORE DECEMBER 31, 2035, AND EVERY 5 YEARS THEREAFTER , 5
341		-	THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH 6
342		-	§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE 7
343		-	IMPLEMENTATION OF TH E RESERVOIR AUGMENTATION PROGRAM. 8
344		-
345		-	9–320. 9
346		-
347		-	(a) There is a Maryland Clean Water Fund. 10
348		-
349		-	(b) [The] EXCEPT AS PROVIDED IN § 9–303.4 OF THIS SUBTITLE , THE 11
350		-	following payments shall be made into the Maryland Clean Water Fund: 12
351		-
352		-	(1) All application fees, permit fees, renewal fees, and funds collected by 13
353		-	the Department under this subtitle, including any civil or administrative penalty or any 14
354		-	fine imposed by a court under the provisions of this subtitle; 15
355		-
356		-	(2) Any civil penalty or any fine imposed by a court under the provisions of 16
357		-	Title 5, Subtitle 5 of this article relating to water appropriation and use; 17
358		-
359		-	(3) Any civil or administrative penalty or any fine imposed by a court under 18
360		-	the provisions of Title 4, Subtitle 1 of this article; 19
361		-
362		-	(4) Any fees or funds that the Department collects under Subtitle 2, Part 20
363		-	III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 21
364		-	or fine imposed by a court under the provisions of Subtitle 2 of this title; and 22
365		-
366		-	(5) Any fees or funds that the Department collects under Subtitle 24 of this 23
367		-	title and any civil or administrative penalty or fine imposed by a court under the provisions 24
368		-	of Subtitle 24 of this title. 25
369		-
370		-	Chapter 122 of the Acts of 2023 26
371		-
372		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 27
373		-	measure, is necessary for the immediate preservation of the public health or safety, has 28
374		-	been passed by a yea and nay vote supported by three–fifths of all the members elected to 29
375		-	each of the two Houses of the General Assembly, and shall take effect from the date it is 30
376		-	enacted. [Section 1 of this Act] IT shall remain effective through June 30, [2028] 2030, 31
377		-	and, at the end of June 30, [2028] 2030, [Section 1 of] this Act, with no further action 32
378		-	required by the General Assembly, shall be abrogated and of no further force and effect. 33
379		-
380		-	Chapter 123 of the Acts of 2023 34 HOUSE BILL 25 9
	330	+	(a) There is a Maryland Clean Water Fund. 32 8 HOUSE BILL 25
381	331
382	332
383	333
384		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 1
385		-	measure, is necessary for the immediate preservation of the public health or safety, has 2
386		-	been passed by a yea and nay vote supported by three–fifths of all the members elected to 3
387		-	each of the two Houses of the General Assembly, and shall take effect from the date it is 4
388		-	enacted. [Section 1 of this Act] IT shall remain effective through June 30, [2028] 2030, 5
389		-	and, at the end of June 30, [2028] 2030, [Section 1 of] this Act, with no further action 6
390		-	required by the General Assembly, shall be abrogated and of no further force and effect. 7
	334	+	(b) [The] EXCEPT AS PROVIDED IN § 9–303.4 OF THIS SUBTITLE , THE 1
	335	+	following payments shall be made into the Maryland Clean Water Fund: 2
391	336
392		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
393		-	1, 2025. 9
	337	+	(1) All application fees, permit fees, renewal fees, and funds collected by 3
	338	+	the Department under this subtitle, including any civil or administrative penalty or any 4
	339	+	fine imposed by a court under the provisions of this subtitle; 5
	340	+
	341	+	(2) Any civil penalty or any fine imposed by a court under the provisions of 6
	342	+	Title 5, Subtitle 5 of this article relating to water appropriation and use; 7
	343	+
	344	+	(3) Any civil or administrative penalty or any fine imposed by a court under 8
	345	+	the provisions of Title 4, Subtitle 1 of this article; 9
	346	+
	347	+	(4) Any fees or funds that the Department collects under Subtitle 2, Part 10
	348	+	III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 11
	349	+	or fine imposed by a court under the provisions of Subtitle 2 of this title; and 12
	350	+
	351	+	(5) Any fees or funds that the Department collects under Subtitle 24 of this 13
	352	+	title and any civil or administrative penalty or fine imposed by a court under the provisions 14
	353	+	of Subtitle 24 of this title. 15
	354	+
	355	+	Chapter 122 of the Acts of 2023 16
	356	+
	357	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 17
	358	+	measure, is necessary for the immediate preservation of the public health or safety, has 18
	359	+	been passed by a yea and nay vote supported by three–fifths of all the members elected to 19
	360	+	each of the two Houses of the General Assembly, and shall take effect from the date it is 20
	361	+	enacted. [Section 1 of this Act] IT shall remain effective through June 30, [2028] 2030, 21
	362	+	and, at the end of June 30, [2028] 2030, [Section 1 of] this Act, with no further action 22
	363	+	required by the General Assembly, shall be abrogated and of no further force and effect. 23
	364	+
	365	+	Chapter 123 of the Acts of 2023 24
	366	+
	367	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 25
	368	+	measure, is necessary for the immediate preservation of the public health or safety, has 26
	369	+	been passed by a yea and nay vote supported by three–fifths of all the members elected to 27
	370	+	each of the two Houses of the General Assembly, and shall take effect from the date it is 28
	371	+	enacted. [Section 1 of this Act] IT shall remain effective through June 30, [2028] 2030, 29
	372	+	and, at the end of June 30, [2028] 2030, [Section 1 of] this Act, with no further action 30
	373	+	required by the General Assembly, shall be abrogated and of no further force and effect. 31
	374	+
	375	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 32
	376	+	1, 2025. 33
394	377
395	378
396	379
397		-	Approved:
398		-	________________________________________________________________________________
399		-	Governor.
400		-	________________________________________________________________________________
401		-	Speaker of the House of Delegates.
402		-	________________________________________________________________________________
403		-	President of the Senate.