EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0902*
HOUSE BILL 902
M3 5lr2186
CF SB 425
By: Delegates Lehman, Allen, Fennell, Foley, Guyton, Harris, R. Lewis, J. Long,
Pruski, Ruth, Stein, Terrasa, and Woods
Introduced and read first time: January 30, 2025
Assigned to: Economic Matters and Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Environment – Coal Combustion By–Products – Fees, Coordinating Committee, 2
and Regulations 3
FOR the purpose of providing that a certain base fee established by the Department of the 4
Environment that is paid by a certain generator of coal combustion by–products is 5
not less than a certain amount; altering the factors that the Department is required 6
to consider in establishing a certain fee; establishing the Statewide Coal Combustion 7
By–Products Coordinating Committee to share information, monitoring results, and 8
certain remedial actions with respect to certain coal combustion by–product sites; 9
requiring the Department to adopt certain regulations on or before a certain date to 10
implement certain federal guidelines and rules; and generally relating to the 11
regulation of coal combustion by–products in the State. 12
BY repealing and reenacting, with amendments, 13
Article – Environment 14
Section 9–283 15
Annotated Code of Maryland 16
(2014 Replacement Volume and 2024 Supplement) 17
BY adding to 18
Article – Environment 19
Section 9–291 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Environment 25
2 HOUSE BILL 902
9–283. 1
(a) (1) Except as provided in subsection (c) of this section, by regulation, the 2
Department shall establish and collect a fee to be paid by a generator of coal combustion 3
by–products[, based on a]. 4
(2) THE BASE FEE ESTABLISHED BY THE DEPARTMENT UNDER THIS 5
SUBSECTION MAY NOT BE LESS THAN $2.30 per ton [rate] of coal combustion 6
by–products generated by the generator annually. 7
(b) The Department shall base the fees on the following factors: 8
(1) The total annual tonnage of coal combustion by–products that the 9
generator generates; 10
(2) The type and volume of coal combustion by–products generated by the 11
generator; 12
(3) Whether the generator uses or disposes of the coal combustion 13
by–products; 14
(4) To the extent that the coal combustion by–products are used rather 15
than disposed of, the types of the uses; 16
(5) Whether the coal combustion by–products are transported for use or 17
disposal out–of–state; [and] 18
(6) THE VOLUME OF COAL CO MBUSTION BY –PRODUCTS THAT HAVE 19
BEEN DISPOSED OF AND REMAIN IN LANDFILLS OR OTHER STORAGE UNI TS IN THE 20
STATE THAT ARE SUBJEC T TO INSPECTION AND MONITORING , NOT INCLUDING COAL 21
COMBUSTION BY –PRODUCTS THAT HAVE BEE N: 22
(I) ADDED TO CEMENT PRODU CTS; 23
(II) USED IN COAL MINE REC LAMATION; OR 24
(III) BENEFICIALLY REUSED I N A MANNER ACCEPTABL E TO THE 25
DEPARTMENT ; AND 26
(7) Other factors the Department considers appropriate. 27
(c) The Department may not establish or impose a fee on coal combustion 28
by–products that are: 29
(1) Beneficially used, as the Department determines; or 30
HOUSE BILL 902 3
(2) Used for coal mine reclamation in accordance with regulations the 1
Department adopts or with regulations of the receiving state. 2
(d) Fees imposed on coal combustion by–products that are transported for use or 3
disposal out–of–state may not exceed 50% of the fees established for disposal in–State. 4
(e) The fees collected by the Department under this section shall be deposited into 5
the Fund and used in accordance with § 9–284 of this subtitle. 6
(f) The fees imposed shall be set at the rate necessary to implement the purposes 7
set forth in § 9–284 of this subtitle. 8
(g) In any fiscal year, if the fee schedule established by the Department generates 9
revenue that exceeds the amount necessary to operate a regulatory program to control the 10
management of coal combustion by–products, the Department shall reduce the fees in the 11
following fiscal year. 12
9–291. 13
(A) IN THIS SECTION , “COORDINATING COMMITTEE” MEANS THE 14
STATEWIDE COAL COMBUSTION BY–PRODUCTS COORDINATING COMMITTEE. 15
(B) THERE IS A STATEWIDE COAL COMBUSTION BY–PRODUCTS 16
COORDINATING COMMITTEE. 17
(C) THE COORDINATING COMMITTEE CONSISTS OF THE FOLL OWING 18
MEMBERS: 19
(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 20
(2) ONE REPRESENTATIVE OF THE COMMISSION O N 21
ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES ; 22
(3) ONE REPRESENTATIVE OF THE POWER PLANT RESEARCH 23
PROGRAM IN THE DEPARTMENT OF NATURAL RESOURCES; 24
(4) THREE MEMBERS, APPOINTED BY THE SECRETARY, EACH WITH 25
TECHNICAL EXPERTISE IN ONE OF THE FOLLOWING SUBJECTS: 26
(I) COAL COMBUSTION BY –PRODUCTS; 27
(II) PUBLIC HEALTH ; AND 28
(III) WATER QUALITY; AND 29
4 HOUSE BILL 902
(5) THE FOLLOWING MEMBERS , APPOINTED BY THE SECRETARY: 1
(I) ONE MEMBER FROM EACH OF THE MOST APPROPRI ATELY 2
ENGAGED COMMUNITY AS SOCIATIONS THAT HAVE RAISED CONCERNS ABOU T THE 3
ADVERSE IMPACT OF CO AL COMBUSTION BY –PRODUCT SITES IN THEIR COMMU NITY; 4
AND 5
(II) ONE REPRESENTATIVE OF LOCAL GOVERNMENT FROM 6
EACH OF THE MOST APP ROPRIATELY ENGAGED C OMMUNIT IES THAT HAVE RAISED 7
CONCERNS ABOUT THE A DVERSE IMPACT OF COA L COMBUSTION BY –PRODUCT SITES 8
IN THEIR COMMUNITY . 9
(D) THE SECRETARY SHALL DESIGNATE THE CHAIR OF THE COORDINATING 10
COMMITTEE. 11
(E) THE DEPARTMENT AND THE POWER PLANT RESEARCH PROGRAM IN 12
THE DEPARTMENT OF NATURAL RESOURCES SHALL JOINTLY PROVIDE STAFF FOR 13
THE COORDINATING COMMITTEE. 14
(F) A MEMBER OF THE COORDINATING COMMITTEE: 15
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 16
COORDINATING COMMITTEE; BUT 17
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 18
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 19
(G) THE COORDINATING COMMITTEE SHALL: 20
(1) BEGINNING IN 2026, MEET AT LEAST TWICE A YEA R, AT THE TIMES 21
AND PLACES THAT THE COORDINATING COMMITTEE DETERMINES ; AND 22
(2) WITH RESPECT TO COAL COMBUSTION BY –PRODUCT SITES : 23
(I) SHARE INFORMATION ON MONITORING RESULTS ; AND 24
(II) DISCUSS REMEDIAL ACTI ON THAT IS IN PROCESS, THAT IS 25
STILL REQUIRED, OR BOTH. 26
(H) ON OR BEFORE OCTOBER 1, 2026, AND EACH OCTOBER 1 THEREAFTER , 27
THE COORDINATING COMMITTEE SHALL REPORT ITS FINDINGS DURING THE 28
IMMEDIATELY PRECEDIN G CALENDAR YEAR TO THE SENATE COMMITTEE ON 29
EDUCATION, ENERGY, AND THE ENVIRONMENT , THE HOUSE ENVIRONMENT AND 30 HOUSE BILL 902 5
TRANSPORTATION COMMITTEE, AND THE HOUSE ECONOMIC MATTERS 1
COMMITTEE, IN ACCORDANCE WI TH § 2–1257 OF THE STATE GOVERNMENT 2
ARTICLE. 3
SECTION 2. AND BE IT FURTHER ENACTED, That : 4
(a) The Department of the Environment shall: 5
(1) on or before December 1, 2025, update regulations in accordance with § 6
9–283 of the Environment Article, as enacted by Section 1 of this Act; and 7
(2) on or before October 1, 2026, adopt regulations to implement: 8
(i) the federal Steam Electric Power Generating Effluent guidelines 9
as adopted on May 9, 2024; and 10
(ii) the final rule governing legacy coal combustion residuals as 11
adopted on May 9, 2024. 12
(b) In adopting regulations in accordance with subsection (a)(2)(ii) of this section, 13
the Department of the Environment may amend the regulations as necessary to protect 14
human health and the environment in the State, including: 15
(1) targeting actions at specific locations where coal combustion 16
by–products have been used previously; and 17
(2) expanding the list of chemicals required to be tested beyond those 18
required by the U.S. Environmental Protection Agency to include: 19
(i) arsenic; 20
(ii) boron; 21
(iii) cadmium; 22
(iv) hexavalent chromium; 23
(v) radium–226; 24
(vi) selenium; 25
(vii) vanadium; and 26
(viii) other chemicals as determined by the Department of the 27
Environment. 28
6 HOUSE BILL 902
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2