EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0344*
HOUSE BILL 344
M3 5lr2062
CF SB 315
By: Delegates Stein and Lehman
Introduced and read first time: January 13, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Maryland Environmental Service – Membership of Board of Directors – 2
Alterations 3
FOR the purpose of altering the composition of the Board of Directors of the Maryland 4
Environmental Service by replacing the State Treasurer with the Secretary of 5
Planning or the Secretary’s designee; providing that certain provisions of law 6
relating to terms of members of the Board do not apply to the Secretary of Planning 7
and the Executive Director; and generally relating to the membership of the Board 8
of Directors of the Maryland Environmental Service. 9
BY repealing and reenacting, without amendments, 10
Article – Natural Resources 11
Section 3–103(a) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Natural Resources 16
Section 3–103(b) 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Natural Resources 22
3–103. 23
(a) (1) There is a body politic and corporate known as the “Maryland 24
Environmental Service”. 25 2 HOUSE BILL 344
(2) The Service is an instrumentality of the State and a public corporation 1
by that name, style, and title, and the exercise by the Service of the powers conferred by 2
this subtitle is the performance of an essential governmental function of the State. 3
(b) (1) There are four officers of the Service: 4
(i) An Executive Director; 5
(ii) A Deputy Director; 6
(iii) A Secretary; and 7
(iv) A Treasurer. 8
(2) (i) The four officers of the Service shall be appointed in accordance 9
with this paragraph. 10
(ii) 1. The Executive Director shall be appointed by the 11
Governor, with the advice and consent of the Senate solely with regard to the qualifications 12
for the duties of the office. 13
2. The Executive Director serves at the pleasure of the Board 14
with the concurrence of the Governor and shall receive such compensation as may be 15
determined by the Board. 16
(iii) 1. The Deputy Director shall be appointed by the Executive 17
Director with the approval of the Governor solely with regard to the qualifications for the 18
duties of the office. 19
2. The Deputy Director serves at the pleasure of the 20
Executive Director and shall receive such compensation as may be determined by the 21
Board. 22
(iv) 1. The Secretary and the Treasurer shall be selected by the 23
Board from among the Board’s members. 24
2. The Secretary and the Treasurer serve at the pleasure of 25
the Board and shall receive such compensation as may be reasonably determined by the 26
Board. 27
(3) The Board of Directors of the Service shall consist of the following 28
members: 29
(i) The Executive Director, who shall serve as a nonvoting member; 30
HOUSE BILL 344 3
(ii) The [State Treasurer] SECRETARY OF PLANNING, or the 1
[State Treasurer’s] SECRETARY’S designee; 2
(iii) Three members from the public sector in the State in positions 3
responsible for environmental, water, wastewater, or solid waste management; 4
(iv) One member from the private sector in the State with technical, 5
financial, development, or legal experience related to environmental, water, wastewater, or 6
solid waste management; 7
(v) One member from the private sector in the State with financial 8
experience related to environmental, water, wastewater, or solid waste management; and 9
(vi) One member from the private sector in the State with experience 10
or expertise in matters related to business ethics, preferably involving board of director 11
ethics and conflicts of interest. 12
(4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the 13
public sector and private sector members of the Board, as set forth in paragraph (3)(iii) 14
through (vi) of this subsection shall be appointed by the Governor with the advice and 15
consent of the Senate. 16
(ii) The Governor shall select at least one of the public sector 17
members of the Board from a list of recommendations jointly compiled by the Maryland 18
Association of Counties and the Maryland Municipal League. 19
(iii) The Governor may not appoint an employee of the Service to the 20
Board. 21
(iv) At least one of the public sector or private sector members shall 22
be a resident of a rural county in the State. 23
(5) (i) Five members constitute a quorum for the transaction of 24
business of the Board. 25
(ii) The affirmative vote of at least five members is necessary for any 26
action taken by the Board. 27
(6) Those members of the Board not already holding a public office shall 28
receive from the Service: 29
(i) Per diem compensation as established by the Board; and 30
(ii) Reimbursement for expenses under Standard State Travel 31
Regulations. 32
4 HOUSE BILL 344
(7) The term of a member other than the [State Treasurer] SECRETARY 1
OF PLANNING AND THE EXECUTIVE DIRECTOR is 4 years. 2
(8) The terms of members other than the [State Treasurer] SECRETARY 3
OF PLANNING AND THE EXECUTIVE DIRECTOR are staggered as required by the terms 4
provided for those members of the Board on July 1, 2021. 5
(9) At the end of a term, a member continues to serve until a successor is 6
appointed and qualifies. 7
(10) A member who is appointed after a term has begun serves only the 8
remainder of that term and until a successor is appointed and qualifies. 9
(11) A member of the Board who is appointed under pa ragraph (3)(iii) 10
through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any 11
partial term served before the initial 4–year term. 12
(12) Subject to paragraphs (13) and (14) of this subsection, the Board shall 13
select a Chair from among the Board’s members. 14
(13) The Executive Director may not serve as the Secretary, Treasurer, or 15
Chair of the Board. 16
(14) The [State Treasurer] SECRETARY OF PLANNING may not serve as 17
the Secretary, Treasurer, or Chair of the Board. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2025. 20