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Maryland House Bill HB344

Maryland 2025 Regular Session

Maryland House Bill HB344 Compare Versions

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1- WES MOORE, Governor Ch. 48
21
3-– 1 –
4-Chapter 48
5-(House Bill 344)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0344*
89
9-Maryland Environmental Service – Membership of Board of Directors –
10-Alterations
10+HOUSE BILL 344
11+M3 5lr2062
12+ CF SB 315
13+By: Delegates Stein and Lehman
14+Introduced and read first time: January 13, 2025
15+Assigned to: Environment and Transportation
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: February 25, 2025
1119
12-FOR the purpose of altering the composition of the Board of Directors of the Maryland
13-Environmental Service by replacing the State Treasurer with the Secretary of
14-Planning or the Secretary’s designee; providing that certain provisions of law
15-relating to terms of members of the Board do not apply to the Secretary of Planning,
16-certain legislative members, and the Executive Director; and generally relating to
17-the membership of the Board of Directors of the Maryland Environmental Service.
20+CHAPTER ______
1821
19-BY repealing and reenacting, without amendments,
20- Article – Natural Resources
21- Section 3–103(a)
22- Annotated Code of Maryland
23- (2023 Replacement Volume and 2024 Supplement)
22+AN ACT concerning 1
2423
25-BY repealing and reenacting, with amendments,
26- Article – Natural Resources
27- Section 3–103(b)
28- Annotated Code of Maryland
29- (2023 Replacement Volume and 2024 Supplement)
24+Maryland Environmental Service – Membership of Board of Directors – 2
25+Alterations 3
3026
31- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
32-That the Laws of Maryland read as follows:
27+FOR the purpose of altering the composition of the Board of Directors of the Maryland 4
28+Environmental Service by replacing the State Treasurer with the Secretary of 5
29+Planning or the Secretary’s designee; providing that certain provisions of law 6
30+relating to terms of members of the Board do not apply to the Secretary of Planning, 7
31+certain legislative members, and the Executive Director; and generally relating to 8
32+the membership of the Board of Directors of the Maryland Environmental Service. 9
3333
34-Article – Natural Resources
34+BY repealing and reenacting, without amendments, 10
35+ Article – Natural Resources 11
36+ Section 3–103(a) 12
37+ Annotated Code of Maryland 13
38+ (2023 Replacement Volume and 2024 Supplement) 14
3539
36-3–103.
40+BY repealing and reenacting, with amendments, 15
41+ Article – Natural Resources 16
42+ Section 3–103(b) 17
43+ Annotated Code of Maryland 18
44+ (2023 Replacement Volume and 2024 Supplement) 19
3745
38- (a) (1) There is a body politic and corporate known as the “Maryland
39-Environmental Service”.
46+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
47+That the Laws of Maryland read as follows: 21
48+ 2 HOUSE BILL 344
4049
41- (2) The Service is an instrumentality of the State and a public corporation
42-by that name, style, and title, and the exercise by the Service of the powers conferred by
43-this subtitle is the performance of an essential governmental function of the State.
4450
45- (b) (1) There are four officers of the Service:
51+Article – Natural Resources 1
4652
47- (i) An Executive Director;
53+3–103. 2
4854
49- (ii) A Deputy Director; Ch. 48 2025 LAWS OF MARYLAND
55+ (a) (1) There is a body politic and corporate known as the “Maryland 3
56+Environmental Service”. 4
5057
51-– 2 –
58+ (2) The Service is an instrumentality of the State and a public corporation 5
59+by that name, style, and title, and the exercise by the Service of the powers conferred by 6
60+this subtitle is the performance of an essential governmental function of the State. 7
5261
53- (iii) A Secretary; and
62+ (b) (1) There are four officers of the Service: 8
5463
55- (iv) A Treasurer.
64+ (i) An Executive Director; 9
5665
57- (2) (i) The four officers of the Service shall be appointed in accordance
58-with this paragraph.
66+ (ii) A Deputy Director; 10
5967
60- (ii) 1. The Executive Director shall be appointed by the
61-Governor, with the advice and consent of the Senate solely with regard to the qualifications
62-for the duties of the office.
68+ (iii) A Secretary; and 11
6369
64- 2. The Executive Director serves at the pleasure of the Board
65-with the concurrence of the Governor and shall receive such compensation as may be
66-determined by the Board.
70+ (iv) A Treasurer. 12
6771
68- (iii) 1. The Deputy Director shall be appointed by the Executive
69-Director with the approval of the Governor solely with regard to the qualifications for the
70-duties of the office.
72+ (2) (i) The four officers of the Service shall be appointed in accordance 13
73+with this paragraph. 14
7174
72- 2. The Deputy Director serves at the pleasure of the
73-Executive Director and shall receive such compensation as may be determined by the
74-Board.
75+ (ii) 1. The Executive Director shall be appointed by the 15
76+Governor, with the advice and consent of the Senate solely with regard to the qualifications 16
77+for the duties of the office. 17
7578
76- (iv) 1. The Secretary and the Treasurer shall be selected by the
77-Board from among the Board’s members.
79+ 2. The Executive Director serves at the pleasure of the Board 18
80+with the concurrence of the Governor and shall receive such compensation as may be 19
81+determined by the Board. 20
7882
79- 2. The Secretary and the Treasurer serve at the pleasure of
80-the Board and shall receive such compensation as may be reasonably determined by the
81-Board.
83+ (iii) 1. The Deputy Director shall be appointed by the Executive 21
84+Director with the approval of the Governor solely with regard to the qualifications for the 22
85+duties of the office. 23
8286
83- (3) The Board of Directors of the Service shall consist of the following
84-members:
87+ 2. The Deputy Director serves at the pleasure of the 24
88+Executive Director and shall receive such compensation as may be determined by the 25
89+Board. 26
8590
86- (i) The Executive Director, who shall serve as a nonvoting member;
91+ (iv) 1. The Secretary and the Treasurer shall be selected by the 27
92+Board from among the Board’s members. 28
8793
88- (ii) THE FOLLOWING TWO MEM BERS, WHO SHALL EACH SERVE
89-AS A NONVOTING MEMBE R:
94+ 2. The Secretary and the Treasurer serve at the pleasure of 29
95+the Board and shall receive such compensation as may be reasonably determined by the 30
96+Board. 31
97+ HOUSE BILL 344 3
9098
91- 1. ONE MEMBER OF THE SENATE OF MARYLAND,
92-APPOINTED BY THE PRESIDENT OF THE SENATE; AND
9399
94- 2. ONE MEMBER OF THE HOUSE OF DELEGATES,
95-APPOINTED BY THE SPEAKER OF THE HOUSE;
96- WES MOORE, Governor Ch. 48
100+ (3) The Board of Directors of the Service shall consist of the following 1
101+members: 2
97102
98-– 3 –
99- (III) The [State Treasurer] SECRETARY OF PLANNING, or the
100-[State Treasurer’s] SECRETARY’S designee;
103+ (i) The Executive Director, who shall serve as a nonvoting member; 3
101104
102- (iii) (IV) Three members from the public sector in the State in
103-positions responsible for environmental, water, wastewater, or solid waste management;
105+ (ii) THE FOLLOWING TWO MEM BERS, WHO SHALL EACH SERVE 4
106+AS A NONVOTING MEMBE R: 5
104107
105- (iv) (V) One member from the private sector in the State with
106-technical, financial, development, or legal experience related to environmental, water,
107-wastewater, or solid waste management;
108+ 1. ONE MEMBER OF THE SENATE OF MARYLAND, 6
109+APPOINTED BY THE PRESIDENT OF THE SENATE; AND 7
108110
109- (v) (VI) One member from the private sector in the State with
110-financial experience related to environmental, water, wastewater, or solid waste
111-management; and
111+ 2. ONE MEMBER OF THE HOUSE OF DELEGATES, 8
112+APPOINTED BY THE SPEAKER OF THE HOUSE; 9
112113
113- (vi) (VII) One member from the private sector in the State with
114-experience or expertise in matters related to business ethics, preferably involving board of
115-director ethics and conflicts of interest.
114+ (III) The [State Treasurer] SECRETARY OF PLANNING, or the 10
115+[State Treasurer’s] SECRETARY’S designee; 11
116116
117- (4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the
118-public sector and private sector members of the Board, as set forth in paragraph (3)(iii)
119-through (vi) (3)(IV) THROUGH (VII) of this subsection shall be appointed by the Governor
120-with the advice and consent of the Senate.
117+ (iii) (IV) Three members from the public sector in the State in 12
118+positions responsible for environmental, water, wastewater, or solid waste management; 13
121119
122- (ii) The Governor shall select at least one of the public sector
123-members of the Board from a list of recommendations jointly compiled by the Maryland
124-Association of Counties and the Maryland Municipal League.
120+ (iv) (V) One member from the private sector in the State with 14
121+technical, financial, development, or legal experience related to environmental, water, 15
122+wastewater, or solid waste management; 16
125123
126- (iii) The Governor may not appoint an employee of the Service to the
127-Board.
124+ (v) (VI) One member from the private sector in the State with 17
125+financial experience related to environmental, water, wastewater, or solid waste 18
126+management; and 19
128127
129- (iv) At least one of the public sector or private sector members shall
130-be a resident of a rural county in the State.
128+ (vi) (VII) One member from the private sector in the State with 20
129+experience or expertise in matters related to business ethics, preferably involving board of 21
130+director ethics and conflicts of interest. 22
131131
132- (5) (i) Five members constitute a quorum for the transaction of
133-business of the Board.
132+ (4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the 23
133+public sector and private sector members of the Board, as set forth in paragraph (3)(iii) 24
134+through (vi) (3)(IV) THROUGH (VII) of this subsection shall be appointed by the Governor 25
135+with the advice and consent of the Senate. 26
134136
135- (ii) The affirmative vote of at least five members is necessary for any
136-action taken by the Board.
137+ (ii) The Governor shall select at least one of the public sector 27
138+members of the Board from a list of recommendations jointly compiled by the Maryland 28
139+Association of Counties and the Maryland Municipal League. 29
137140
138- (6) Those members of the Board not already holding a public office shall
139-receive from the Service:
141+ (iii) The Governor may not appoint an employee of the Service to the 30
142+Board. 31
140143
141- (i) Per diem compensation as established by the Board; and
144+ (iv) At least one of the public sector or private sector members shall 32
145+be a resident of a rural county in the State. 33 4 HOUSE BILL 344
142146
143- (ii) Reimbursement for expenses under Standard State Travel
144-Regulations. Ch. 48 2025 LAWS OF MARYLAND
145147
146-– 4 –
147148
148- (7) The term of a member other than the [State Treasurer] SECRETARY
149-OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS
150-SUBSECTION, AND THE EXECUTIVE DIRECTOR is 4 years.
149+ (5) (i) Five members constitute a quorum for the transactio n of 1
150+business of the Board. 2
151151
152- (8) The terms of members other than the [State Treasurer] SECRETARY
153-OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS
154-SUBSECTION, AND THE EXECUTIVE DIRECTOR are staggered as required by the terms
155-provided for those members of the Board on July 1, 2021.
152+ (ii) The affirmative vote of at least five members is necessary for any 3
153+action taken by the Board. 4
156154
157- (9) At the end of a term, a member continues to serve until a successor is
158-appointed and qualifies.
155+ (6) Those members of the Board not already holding a public office shall 5
156+receive from the Service: 6
159157
160- (10) A member who is appointed after a term has begun serves only the
161-remainder of that term and until a successor is appointed and qualifies.
158+ (i) Per diem compensation as established by the Board; and 7
162159
163- (11) A member of the Board who is appointed under paragraph (3)(iii)
164-through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any
165-partial term served before the initial 4–year term.
160+ (ii) Reimbursement for expenses under Standard State Travel 8
161+Regulations. 9
166162
167- (12) Subject to paragraphs (13) and (14) of this subsection, the Board shall
168-select a Chair from among the Board’s members.
163+ (7) The term of a member other than the [State Treasurer] SECRETARY 10
164+OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS 11
165+SUBSECTION, AND THE EXECUTIVE DIRECTOR is 4 years. 12
169166
170- (13) The Executive Director may not serve as the Secretary, Treasurer, or
171-Chair of the Board.
167+ (8) The terms of members other than the [State Treasurer] SECRETARY 13
168+OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS 14
169+SUBSECTION, AND THE EXECUTIVE DIRECTOR are staggered as required by the terms 15
170+provided for those members of the Board on July 1, 2021. 16
172171
173- (14) The [State Treasurer] SECRETARY OF PLANNING OR A MEMBER
174-APPOINTED UNDER PARA GRAPH (3)(II) OF THIS SUBSECTION may not serve as the
175-Secretary, Treasurer, or Chair of the Board.
172+ (9) At the end of a term, a member continues to serve until a successor is 17
173+appointed and qualifies. 18
176174
177- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
178-1, 2025.
175+ (10) A member who is appointed after a term has begun serves only the 19
176+remainder of that term and until a successor is appointed and qualifies. 20
179177
180-Approved by the Governor, April 8, 2025.
178+ (11) A member of the Board who is appointed under paragraph (3)(iii) 21
179+through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any 22
180+partial term served before the initial 4–year term. 23
181+
182+ (12) Subject to paragraphs (13) and (14) of this subsection, the Board shall 24
183+select a Chair from among the Board’s members. 25
184+
185+ (13) The Executive Director may not serve as the Secretary, Treasurer, or 26
186+Chair of the Board. 27
187+
188+ (14) The [State Treasurer] SECRETARY OF PLANNING OR A MEMBER 28
189+APPOINTED UNDER PARA GRAPH (3)(II) OF THIS SUBSECTION may not serve as the 29
190+Secretary, Treasurer, or Chair of the Board. 30
191+
192+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
193+1, 2025. 32