Maryland 2025 Regular Session

Maryland House Bill HB902 Compare Versions

Only one version of the bill is available at this time.

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	hb0902
6	6
7	7	HOUSE BILL 902
8	8	M3 5lr2186
9	9	CF SB 425
10	10	By: Delegates Lehman, Allen, Fennell, Foley, Guyton, Harris, R. Lewis, J. Long,
11	11	Pruski, Ruth, Stein, Terrasa, and Woods
12	12	Introduced and read first time: January 30, 2025
13	13	Assigned to: Economic Matters and Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Environment – Coal Combustion By–Products – Fees, Coordinating Committee, 2
20	20	and Regulations 3
21	21
22	22	FOR the purpose of providing that a certain base fee established by the Department of the 4
23	23	Environment that is paid by a certain generator of coal combustion by–products is 5
24	24	not less than a certain amount; altering the factors that the Department is required 6
25	25	to consider in establishing a certain fee; establishing the Statewide Coal Combustion 7
26	26	By–Products Coordinating Committee to share information, monitoring results, and 8
27	27	certain remedial actions with respect to certain coal combustion by–product sites; 9
28	28	requiring the Department to adopt certain regulations on or before a certain date to 10
29	29	implement certain federal guidelines and rules; and generally relating to the 11
30	30	regulation of coal combustion by–products in the State. 12
31	31
32	32	BY repealing and reenacting, with amendments, 13
33	33	Article – Environment 14
34	34	Section 9–283 15
35	35	Annotated Code of Maryland 16
36	36	(2014 Replacement Volume and 2024 Supplement) 17
37	37
38	38	BY adding to 18
39	39	Article – Environment 19
40	40	Section 9–291 20
41	41	Annotated Code of Maryland 21
42	42	(2014 Replacement Volume and 2024 Supplement) 22
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
45	45	That the Laws of Maryland read as follows: 24
46	46
47	47	Article – Environment 25
48	48	2 HOUSE BILL 902
49	49
50	50
51	51	9–283. 1
52	52
53	53	(a) (1) Except as provided in subsection (c) of this section, by regulation, the 2
54	54	Department shall establish and collect a fee to be paid by a generator of coal combustion 3
55	55	by–products[, based on a]. 4
56	56
57	57	(2) THE BASE FEE ESTABLISHED BY THE DEPARTMENT UNDER THIS 5
58	58	SUBSECTION MAY NOT BE LESS THAN $2.30 per ton [rate] of coal combustion 6
59	59	by–products generated by the generator annually. 7
60	60
61	61	(b) The Department shall base the fees on the following factors: 8
62	62
63	63	(1) The total annual tonnage of coal combustion by–products that the 9
64	64	generator generates; 10
65	65
66	66	(2) The type and volume of coal combustion by–products generated by the 11
67	67	generator; 12
68	68
69	69	(3) Whether the generator uses or disposes of the coal combustion 13
70	70	by–products; 14
71	71
72	72	(4) To the extent that the coal combustion by–products are used rather 15
73	73	than disposed of, the types of the uses; 16
74	74
75	75	(5) Whether the coal combustion by–products are transported for use or 17
76	76	disposal out–of–state; [and] 18
77	77
78	78	(6) THE VOLUME OF COAL CO MBUSTION BY –PRODUCTS THAT HAVE 19
79	79	BEEN DISPOSED OF AND REMAIN IN LANDFILLS OR OTHER STORAGE UNI TS IN THE 20
80	80	STATE THAT ARE SUBJEC T TO INSPECTION AND MONITORING , NOT INCLUDING COAL 21
81	81	COMBUSTION BY –PRODUCTS THAT HAVE BEE N: 22
82	82
83	83	(I) ADDED TO CEMENT PRODU CTS; 23
84	84
85	85	(II) USED IN COAL MINE REC LAMATION; OR 24
86	86
87	87	(III) BENEFICIALLY REUSED I N A MANNER ACCEPTABL E TO THE 25
88	88	DEPARTMENT ; AND 26
89	89
90	90	(7) Other factors the Department considers appropriate. 27
91	91
92	92	(c) The Department may not establish or impose a fee on coal combustion 28
93	93	by–products that are: 29
94	94
95	95	(1) Beneficially used, as the Department determines; or 30
96	96	HOUSE BILL 902 3
97	97
98	98
99	99	(2) Used for coal mine reclamation in accordance with regulations the 1
100	100	Department adopts or with regulations of the receiving state. 2
101	101
102	102	(d) Fees imposed on coal combustion by–products that are transported for use or 3
103	103	disposal out–of–state may not exceed 50% of the fees established for disposal in–State. 4
104	104
105	105	(e) The fees collected by the Department under this section shall be deposited into 5
106	106	the Fund and used in accordance with § 9–284 of this subtitle. 6
107	107
108	108	(f) The fees imposed shall be set at the rate necessary to implement the purposes 7
109	109	set forth in § 9–284 of this subtitle. 8
110	110
111	111	(g) In any fiscal year, if the fee schedule established by the Department generates 9
112	112	revenue that exceeds the amount necessary to operate a regulatory program to control the 10
113	113	management of coal combustion by–products, the Department shall reduce the fees in the 11
114	114	following fiscal year. 12
115	115
116	116	9–291. 13
117	117
118	118	(A) IN THIS SECTION , “COORDINATING COMMITTEE” MEANS THE 14
119	119	STATEWIDE COAL COMBUSTION BY–PRODUCTS COORDINATING COMMITTEE. 15
120	120
121	121	(B) THERE IS A STATEWIDE COAL COMBUSTION BY–PRODUCTS 16
122	122	COORDINATING COMMITTEE. 17
123	123
124	124	(C) THE COORDINATING COMMITTEE CONSISTS OF THE FOLL OWING 18
125	125	MEMBERS: 19
126	126
127	127	(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 20
128	128
129	129	(2) ONE REPRESENTATIVE OF THE COMMISSION O N 21
130	130	ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES ; 22
131	131
132	132	(3) ONE REPRESENTATIVE OF THE POWER PLANT RESEARCH 23
133	133	PROGRAM IN THE DEPARTMENT OF NATURAL RESOURCES; 24
134	134
135	135	(4) THREE MEMBERS, APPOINTED BY THE SECRETARY, EACH WITH 25
136	136	TECHNICAL EXPERTISE IN ONE OF THE FOLLOWING SUBJECTS: 26
137	137
138	138	(I) COAL COMBUSTION BY –PRODUCTS; 27
139	139
140	140	(II) PUBLIC HEALTH ; AND 28
141	141
142	142	(III) WATER QUALITY; AND 29
143	143	4 HOUSE BILL 902
144	144
145	145
146	146	(5) THE FOLLOWING MEMBERS , APPOINTED BY THE SECRETARY: 1
147	147
148	148	(I) ONE MEMBER FROM EACH OF THE MOST APPROPRI ATELY 2
149	149	ENGAGED COMMUNITY AS SOCIATIONS THAT HAVE RAISED CONCERNS ABOU T THE 3
150	150	ADVERSE IMPACT OF CO AL COMBUSTION BY –PRODUCT SITES IN THEIR COMMU NITY; 4
151	151	AND 5
152	152
153	153	(II) ONE REPRESENTATIVE OF LOCAL GOVERNMENT FROM 6
154	154	EACH OF THE MOST APP ROPRIATELY ENGAGED C OMMUNIT IES THAT HAVE RAISED 7
155	155	CONCERNS ABOUT THE A DVERSE IMPACT OF COA L COMBUSTION BY –PRODUCT SITES 8
156	156	IN THEIR COMMUNITY . 9
157	157
158	158	(D) THE SECRETARY SHALL DESIGNATE THE CHAIR OF THE COORDINATING 10
159	159	COMMITTEE. 11
160	160
161	161	(E) THE DEPARTMENT AND THE POWER PLANT RESEARCH PROGRAM IN 12
162	162	THE DEPARTMENT OF NATURAL RESOURCES SHALL JOINTLY PROVIDE STAFF FOR 13
163	163	THE COORDINATING COMMITTEE. 14
164	164
165	165	(F) A MEMBER OF THE COORDINATING COMMITTEE: 15
166	166
167	167	(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 16
168	168	COORDINATING COMMITTEE; BUT 17
169	169
170	170	(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 18
171	171	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 19
172	172
173	173	(G) THE COORDINATING COMMITTEE SHALL: 20
174	174
175	175	(1) BEGINNING IN 2026, MEET AT LEAST TWICE A YEA R, AT THE TIMES 21
176	176	AND PLACES THAT THE COORDINATING COMMITTEE DETERMINES ; AND 22
177	177
178	178	(2) WITH RESPECT TO COAL COMBUSTION BY –PRODUCT SITES : 23
179	179
180	180	(I) SHARE INFORMATION ON MONITORING RESULTS ; AND 24
181	181
182	182	(II) DISCUSS REMEDIAL ACTI ON THAT IS IN PROCESS, THAT IS 25
183	183	STILL REQUIRED, OR BOTH. 26
184	184
185	185	(H) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 THEREAFTER , 27
186	186	THE COORDINATING COMMITTEE SHALL REPORT ITS FINDINGS DURING THE 28
187	187	IMMEDIATELY PRECEDIN G CALENDAR YEAR TO THE SENATE COMMITTEE ON 29
188	188	EDUCATION, ENERGY, AND THE ENVIRONMENT , THE HOUSE ENVIRONMENT AND 30 HOUSE BILL 902 5
189	189
190	190
191	191	TRANSPORTATION COMMITTEE, AND THE HOUSE ECONOMIC MATTERS 1
192	192	COMMITTEE, IN ACCORDANCE WI TH § 2–1257 OF THE STATE GOVERNMENT 2
193	193	ARTICLE. 3
194	194
195	195	SECTION 2. AND BE IT FURTHER ENACTED, That : 4
196	196
197	197	(a) The Department of the Environment shall: 5
198	198
199	199	(1) on or before December 1, 2025, update regulations in accordance with § 6
200	200	9–283 of the Environment Article, as enacted by Section 1 of this Act; and 7
201	201
202	202	(2) on or before October 1, 2026, adopt regulations to implement: 8
203	203
204	204	(i) the federal Steam Electric Power Generating Effluent guidelines 9
205	205	as adopted on May 9, 2024; and 10
206	206
207	207	(ii) the final rule governing legacy coal combustion residuals as 11
208	208	adopted on May 9, 2024. 12
209	209
210	210	(b) In adopting regulations in accordance with subsection (a)(2)(ii) of this section, 13
211	211	the Department of the Environment may amend the regulations as necessary to protect 14
212	212	human health and the environment in the State, including: 15
213	213
214	214	(1) targeting actions at specific locations where coal combustion 16
215	215	by–products have been used previously; and 17
216	216
217	217	(2) expanding the list of chemicals required to be tested beyond those 18
218	218	required by the U.S. Environmental Protection Agency to include: 19
219	219
220	220	(i) arsenic; 20
221	221
222	222	(ii) boron; 21
223	223
224	224	(iii) cadmium; 22
225	225
226	226	(iv) hexavalent chromium; 23
227	227
228	228	(v) radium–226; 24
229	229
230	230	(vi) selenium; 25
231	231
232	232	(vii) vanadium; and 26
233	233
234	234	(viii) other chemicals as determined by the Department of the 27
235	235	Environment. 28
236	236	6 HOUSE BILL 902
237	237
238	238
239	239	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
240	240	October 1, 2025. 2