Maryland 2025 Regular Session

Maryland Senate Bill SB168 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0168*
96
107 SENATE BILL 168
118 M3 5lr1405
129 (PRE–FILED)
1310 By: Senator Simonaire
1411 Requested: October 27, 2024
1512 Introduced and read first time: January 8, 2025
1613 Assigned to: Education, Energy, and the Environment
17-Committee Report: Favorable with amendments
18-Senate action: Adopted
19-Read second time: February 22, 2025
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Environmental Justice in Confined Aquatic Disposal Act 2
26-Confined Aquatic Disposal Cells – Construction – Moratorium 3
2720
28-FOR the purpose of prohibiting the Department of the Environment from processing or 4
29-making any recommendation on a certain application submitted for the purpose of 5
30-constructing a confined aquatic disposal cell within a certain distance of a residential 6
31-overburdened community during a certain time period; prohibiting the Board of 7
32-Public Works from approving a certain application submitted for the purpose of 8
33-constructing a confined aquatic disposal cell within a certain distance of a residential 9
34-overburdened community during a certain time period; and generally relating to 10
35-confined aquatic disposal cells. 11
21+FOR the purpose of prohibiting the Department of the Environment from processing or 3
22+making any recommendation on a certain application submitted for the purpose of 4
23+constructing a confined aquatic disposal cell within a certain distance of a residential 5
24+overburdened community; prohibiting the Board of Public Works from approving a 6
25+certain application submitted for the purpose of constructing a confined aquatic 7
26+disposal cell within a certain distance of a residential overburdened community; and 8
27+generally relating to confined aquatic disposal cells. 9
3628
37-BY repealing and reenacting, without amendments, 12
38- Article – Environment 13
39-Section 1–701(a)(7) 14
40-Annotated Code of Maryland 15
41- (2013 Replacement Volume and 2024 Supplement) 16
29+BY repealing and reenacting, without amendments, 10
30+ Article – Environment 11
31+Section 1–701(a)(7) 12
32+Annotated Code of Maryland 13
33+ (2013 Replacement Volume and 2024 Supplement) 14
4234
43-BY repealing and reenacting, with amendments, 17
44- Article – Environment 18
45-Section 5–1101(a) and 5–1102 19
46- Annotated Code of Maryland 20
47- (2013 Replacement Volume and 2024 Supplement) 21
35+BY repealing and reenacting, with amendments, 15
36+ Article – Environment 16
37+Section 5–1101(a) and 5–1102 17
38+ Annotated Code of Maryland 18
39+ (2013 Replacement Volume and 2024 Supplement) 19
40+
41+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
42+That the Laws of Maryland read as follows: 21
43+
44+Article – Environment 22
45+
46+1–701. 23
4847 2 SENATE BILL 168
4948
5049
51- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52-That the Laws of Maryland read as follows: 2
50+ (a) (7) “Overburdened community” means any census tract for which three or 1
51+more of the following environmental health indicators are above the 75th percentile 2
52+statewide: 3
5353
54-Article – Environment 3
54+ (i) Particulate matter (PM) 2.5; 4
5555
56-1–701. 4
56+ (ii) Ozone; 5
5757
58- (a) (7) “Overburdened community” means any census tract for which three or 5
59-more of the following environmental health indicators are above the 75th percentile 6
60-statewide: 7
58+ (iii) National Air Toxics Assessment (NATA) diesel PM; 6
6159
62- (i) Particulate matter (PM) 2.5; 8
60+ (iv) NATA cancer risk; 7
6361
64- (ii) Ozone; 9
62+ (v) NATA respiratory hazard index; 8
6563
66- (iii) National Air Toxics Assessment (NATA) diesel PM; 10
64+ (vi) Traffic proximity; 9
6765
68- (iv) NATA cancer risk; 11
66+ (vii) Lead paint indicator; 10
6967
70- (v) NATA respiratory hazard index; 12
68+ (viii) National Priorities List Superfund site proximity; 11
7169
72- (vi) Traffic proximity; 13
70+ (ix) Risk Management Plan facility proximity; 12
7371
74- (vii) Lead paint indicator; 14
72+ (x) Hazardous waste proximity; 13
7573
76- (viii) National Priorities List Superfund site proximity; 15
74+ (xi) Wastewater discharge indicator; 14
7775
78- (ix) Risk Management Plan facility proximity; 16
76+ (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 15
7977
80- (x) Hazardous waste proximity; 17
78+ (xiii) Percent of the population lacking broadband coverage; 16
8179
82- (xi) Wastewater discharge indicator; 18
80+ (xiv) Asthma emergency room discharges; 17
8381
84- (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 19
82+ (xv) Myocardial infarction discharges; 18
8583
86- (xiii) Percent of the population lacking broadband coverage; 20
84+ (xvi) Low–birth–weight infants; 19
8785
88- (xiv) Asthma emergency room discharges; 21
86+ (xvii) Proximity to emitting power plants; 20
8987
90- (xv) Myocardial infarction discharges; 22
88+ (xviii) Proximity to a Toxic Release Inventory (TRI) facility; 21
9189
92- (xvi) Low–birth–weight infants; 23
90+ (xix) Proximity to a brownfields site; 22
9391
94- (xvii) Proximity to emitting power plants; 24
92+ (xx) Proximity to mining operations; and 23
9593
96- (xviii) Proximity to a Toxic Release Inventory (TRI) facility; 25
97- SENATE BILL 168 3
94+ (xxi) Proximity to a hazardous waste landfill. 24
95+
96+5–1101. 25 SENATE BILL 168 3
9897
9998
100- (xix) Proximity to a brownfields site; 1
10199
102- (xx) Proximity to mining operations; and 2
100+ (a) In this subtitle the following words have the meanings indicated. 1
103101
104- (xxi) Proximity to a hazardous waste landfill. 3
102+ (1) “Baltimore County tributary dredged material” means earth, rock, soil, 2
103+waste matter, muck, or other materials excavated or dredged from an approved dredging 3
104+project in any of the Baltimore County tributaries of the Chesapeake Bay. 4
105105
106-5–1101. 4
106+ (2) “Baltimore Harbor” means the waterway which consists of the tidal 5
107+portions of Patapsco River and its tributaries lying westward of a line extending from Rock 6
108+Point in Anne Arundel County to North Point in Baltimore County. 7
107109
108- (a) In this subtitle the following words have the meanings indicated. 5
110+ (3) “Beneficial use of dredged material” means any of the following uses of 8
111+dredged material from the Chesapeake Bay and its tributary waters placed into waters or 9
112+onto bottomland of the Chesapeake Bay or its tidal tributaries, including Baltimore Harbor: 10
109113
110- (1) “Baltimore County tributary dredged material” means earth, rock, soil, 6
111-waste matter, muck, or other materials excavated or dredged from an approved dredging 7
112-project in any of the Baltimore County tributaries of the Chesapeake Bay. 8
114+ (i) The restoration of underwater grasses; 11
113115
114- (2) “Baltimore Harbor” means the waterway which consists of the tidal 9
115-portions of Patapsco River and its tributaries lying westward of a line extending from Rock 10
116-Point in Anne Arundel County to North Point in Baltimore County. 11
116+ (ii) The restoration of islands; 12
117117
118- (3) “Beneficial use of dredged material” means any of the following uses of 12
119-dredged material from the Chesapeake Bay and its tributary waters placed into waters or 13
120-onto bottomland of the Chesapeake Bay or its tidal tributaries, including Baltimore Harbor: 14
118+ (iii) The stabilization of eroding shorelines; 13
121119
122- (i) The restoration of underwater grasses; 15
120+ (iv) The creation or restoration of wetlands; and 14
123121
124- (ii) The restoration of islands; 16
122+ (v) The creation, restoration, or enhancement of fish or shellfish 15
123+habitats. 16
125124
126- (iii) The stabilization of eroding shorelines; 17
125+ (4) “CONFINED AQUATIC DISP OSAL CELL” MEANS AN UNDERWATER 17
126+CONTAINMENT STRUCTUR E THAT STORES CONTAM INATED SEDIMENTS IN A 18
127+DEPRESSION IN THE BO TTOM OF A BODY OF WA TER. 19
127128
128- (iv) The creation or restoration of wetlands; and 18
129+ [(4)] (5) “Deep trough” means any region that: 20
129130
130- (v) The creation, restoration, or enhancement of fish or shellfish 19
131-habitats. 20
131+ (i) Is south of the Chesapeake Bay Bridge and north of a line 21
132+extending westerly from Bloody Point; and 22
132133
133- (4) “CONFINED AQUATIC DISP OSAL CELL” MEANS AN UNDERWATER 21
134-CONTAINMENT STRUCTUR E THAT STORES CONTAM INATED SEDIMENTS IN A 22
135-DEPRESSION IN THE BO TTOM OF A BODY OF WA TER A DREDGED MATERIAL 23
136-MANAGEMENT OPTION WH ERE A DEPRESSION OR CELL IS EXCAVATED INTO THE 24
137-BOTTOM OF A BODY OF WATER, ANY SAND EXCAVATED I S REUSED IN A BENEFI CIAL 25
138-MANNER, AND THE DEPRESSION O R CELL IS FILLED IN WITH DREDGED MATERIA LS, 26
139-INCLUDING DREDGED MA TERIALS FROM BALTIMORE HARBOR. 27
134+ (ii) Has a depth that exceeds 60 feet. 23
140135
141- [(4)] (5) “Deep trough” means any region that: 28
136+ [(5)] (6) “Dredged material” means earth, sand, silt, sediment, shell, rock, 24
137+soil, waste matter, or other material excavated or dredged from the Chesapeake Bay and 25
138+its tributary waters. 26
142139
143- (i) Is south of the Chesapeake Bay Bridge and north of a line 29
144-extending westerly from Bloody Point; and 30
140+ [(6)] (7) “Innovative reuse” includes the use of dredged material in the 27
141+development or manufacturing of commercial, industrial, horticultural, agricultural, or 28
142+other products. 29
145143 4 SENATE BILL 168
146144
147145
148- (ii) Has a depth that exceeds 60 feet. 1
146+ (8) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1
147+1–701 OF THIS ARTICLE. 2
149148
150- [(5)] (6) “Dredged material” means earth, sand, silt, sediment, shell, rock, 2
151-soil, waste matter, or other material excavated or dredged from the Chesapeake Bay and 3
152-its tributary waters. 4
149+ [(7)] (9) “Redeposit” means to dump, scatter, pour, or otherwise deposit 3
150+dredged material. 4
153151
154- [(6)] (7) “Innovative reuseincludes the use of dredged material in the 5
155-development or manufacturing of commercial, industrial, horticultural, agricultural, or 6
156-other products. 7
152+ [(8)] (10) (i) “Sewage sludgemeans the accumul ated semiliquid 5
153+suspension of settled solids, or dried residue of these solids, that is deposited from sewage 6
154+in wastewater treatment plant tanks or basins. 7
157155
158- (8) “OVERBURDENED COMMUNIT YHAS THE MEANING STAT ED IN § 8
159-1–701 OF THIS ARTICLE. 9
156+ (ii) “Sewage sludgeincludes raw untreated sewage disposed from 8
157+the Back River Sewage Treatment Plant. 9
160158
161- [(7)] (9) (8) “Redeposit” means to dump, scatter, pour, or otherwise deposit 10
162-dredged material. 11
159+5–1102. 10
163160
164- [(8)] (10) (9) (i) “Sewage sludge” means the accumulated semiliquid 12
165-suspension of settled solids, or dried residue of these solids, that is deposited from sewage 13
166-in wastewater treatment plant tanks or basins. 14
161+ (a) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A person 11
162+may not redeposit in an unconfined manner dredged material from Baltimore Harbor into 12
163+or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater 13
164+portions of any of the Chesapeake Bay’s tributaries outside of Baltimore Harbor. 14
167165
168- (ii) “Sewage sludge” includes raw untreated sewage disposed from 15
169-the Back River Sewage Treatment Plant. 16
166+ (2) [However, the] THE dredged material may be redeposited in contained 15
167+areas approved by the Department. 16
170168
171-5–1102. 17
169+ (b) A person may not redeposit in an unconfined manner Baltimore County 17
170+tributary dredged material into or onto any portion of the water or bottomland of the 18
171+Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries 19
172+within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County. 20
172173
173- (a) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A person 18
174-may not redeposit in an unconfined manner dredged material from Baltimore Harbor into 19
175-or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater 20
176-portions of any of the Chesapeake Bay’s tributaries outside of Baltimore Harbor. 21
174+ (c) (1) Except as provided in subsection (d) of this section AND SUBJECT TO 21
175+PARAGRAPH (2) OF THIS SUBSECTION , a person may not redeposit in an unconfined 22
176+manner dredged material into or onto any portion of the water or bottomland of the 23
177+Chesapeake Bay or of the tidewater portion of any of the Chesapeake Bay’s tributaries 24
178+except when used for a beneficial use project undertaken in accordance with State and 25
179+federal laws. 26
177180
178- (2) [However, the] THE dredged material may be redeposited in contained 22
179-areas approved by the Department. 23
181+ (2) [However, the] THE dredged material may be redeposited in contained 27
182+areas approved by the Department. 28
180183
181- (b) A person may not redeposit in an unconfined manner Baltimore County 24
182-tributary dredged material into or onto any portion of the water or bottomland of the 25
183-Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries 26
184-within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County. 27
184+ (d) (1) Beginning October 1, 2001, subject to paragraph (2) of this subsection, 29
185+and in accordance with State and federal law, a person may redeposit up to 7.4 million cubic 30
186+yards of dredged material into or onto any portion of the water, bottomland, or the 31
187+tidewater portions of the Chesapeake Bay collectively known as Pooles Island, including 32
188+G–West and Site 92. 33
185189
186- (c) (1) Except as provided in subsection (d) of this section AND SUBJECT TO 28
187-PARAGRAPH (2) OF THIS SUBSECTION , a person may not redeposit in an unconfined 29
188-manner dredged material into or onto any portion of the water or bottomland of the 30
189-Chesapeake Bay or of the tidewater portion of any of the Chesapeake Bay’s tributaries 31
190-except when used for a beneficial use project undertaken in accordance with State and 32
191-federal laws. 33
192- SENATE BILL 168 5
193-
194-
195- (2) [However, the] THE dredged material may be redeposited in contained 1
196-areas approved by the Department. 2
197-
198- (d) (1) Beginning October 1, 2001, subject to paragraph (2) of this subsection, 3
199-and in accordance with State and federal law, a person may redeposit up to 7.4 million cubic 4
200-yards of dredged material into or onto any portion of the water, bottomland, or the 5
201-tidewater portions of the Chesapeake Bay collectively known as Pooles Island, including 6
202-G–West and Site 92. 7
203-
204- (2) The redeposit of dredged material authorized under this subsection 8
205-may not occur after the sooner of: 9
206-
207- (i) December 31, 2010; or 10
208-
209- (ii) The initiation of the placement of dredged material in any site or 11
210-sites approved pursuant to the process established in § 5–1104.2(d)(1) of this subtitle if the 12
211-total capacity of the approved site or sites, when combined with the approved capacity of 13
212-existing placement sites identified in the October 1, 2000 report to the Maryland General 14
213-Assembly regarding the Governor’s Strategic Plan for Dredged Material Management, 15
214-provide 20 years of placement capacity for dredged material. 16
215-
216- (e) A person may not dump, deposit, scatter, or release sewage sludge by any 17
217-means, including discharge from a sewer or pipe, into or onto any portion of the water or 18
218-bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake 19
219-Bay’s tributaries within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore 20
220-County. 21
221-
222- (f) A person may not redeposit dredged material or other material excavated or 22
223-dredged from the Chesapeake Bay or its tidal tributaries into or onto the area of the 23
224-bottomlands or waters of the Chesapeake Bay known as the deep trough. 24
225-
226- (G) (1) THE DEPARTMENT MAY NOT PR OCESS OR MAKE ANY 25
227-RECOMMENDATION TO TH E BOARD OF PUBLIC WORKS REGARDING AN 26
228-APPLICATION FOR THE ALTERATION OF ANY TI DAL WETLAND OR WAT ERS OF THE 27
229-STATE SUBMITTED FOR T HE PURPOSE OF CONSTR UCTING A CONFINED AQ UATIC 28
230-DISPOSAL CELL WITHIN 5 MILES OF A RESIDENTI AL OVERBURDENED COMM UNITY 29
231-FROM JUNE 1, 2025, THROUGH MAY 31, 2029, BOTH INCLUSIVE . 30
232-
233- (2) THE BOARD OF PUBLIC WORKS MAY NOT APPROVE AN 31
234-APPLICATION FOR THE ALTERATION OF ANY TI DAL WETLAND OR WATER S OF THE 32
235-STATE SUBMITTED FOR T HE PURPOSE OF CONSTR UCTING A CONFINED AQ UATIC 33
236-DISPOSAL CELL WITHIN 5 MILES OF A RESIDENTI AL OVERBURDENED COMM UNITY 34
237-FROM JUNE 1, 2025, THROUGH MAY 31, 2029, BOTH INCLU SIVE. 35
238-
239- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 36
240-October June 1, 2025. It shall remain effective for a period of 4 years and, at the end of May 37 6 SENATE BILL 168
241-
242-
243-31, 2029, this Act, with no further action required by the General Assembly, shall be 1
244-abrogated and of no further force and effect. 2
190+ (2) The redeposit of dredged material authorized under this subsection 34
191+may not occur after the sooner of: 35 SENATE BILL 168 5
245192
246193
247194
195+ (i) December 31, 2010; or 1
248196
249-Approved:
250-________________________________________________________________________________
251- Governor.
252-________________________________________________________________________________
253- President of the Senate.
254-________________________________________________________________________________
255- Speaker of the House of Delegates.
197+ (ii) The initiation of the placement of dredged material in any site or 2
198+sites approved pursuant to the process established in § 5–1104.2(d)(1) of this subtitle if the 3
199+total capacity of the approved site or sites, when combined with the approved capacity of 4
200+existing placement sites identified in the October 1, 2000 report to the Maryland General 5
201+Assembly regarding the Governor’s Strategic Plan for Dredged Material Management, 6
202+provide 20 years of placement capacity for dredged material. 7
203+
204+ (e) A person may not dump, deposit, scatter, or release sewage sludge by any 8
205+means, including discharge from a sewer or pipe, into or onto any portion of the water or 9
206+bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake 10
207+Bay’s tributaries within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore 11
208+County. 12
209+
210+ (f) A person may not redeposit dredged material or other material excavated or 13
211+dredged from the Chesapeake Bay or its tidal tributaries into or onto the area of the 14
212+bottomlands or waters of the Chesapeake Bay known as the deep trough. 15
213+
214+ (G) (1) THE DEPARTMENT MAY NOT PROCESS OR MAKE ANY 16
215+RECOMMENDATION TO TH E BOARD OF PUBLIC WORKS REGARDING AN 17
216+APPLICATION FOR THE ALTERATION OF ANY TI DAL WETLAND OR WATERS OF THE 18
217+STATE SUBMITTED FOR T HE PURPOSE OF CONSTR UCTING A CONFINED AQUATIC 19
218+DISPOSAL CELL WITHIN 5 MILES OF A RESIDENTI AL OVERBURDENED COMMUNI TY. 20
219+
220+ (2) THE BOARD OF PUBLIC WORKS MAY NOT APPROVE AN 21
221+APPLICATION FOR THE ALTERATION OF ANY TI DAL WETLAND OR WATERS OF THE 22
222+STATE SUBMITTED FOR T HE PURPOSE OF CONSTR UCTING A CONFINED AQ UATIC 23
223+DISPOSAL CELL WITHIN 5 MILES OF A RESIDENTI AL OVERBURDENED COMM UNITY. 24
224+
225+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
226+October 1, 2025. 26