EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0250*
SENATE BILL 250
M3 5lr0299
HB 245/24 – ENT (PRE–FILED) CF 5lr0300
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – Environment)
Requested: October 12, 2024
Introduced and read first time: January 8, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Department of the Environment – Fees, Penalties, Funding, and Regulation 2
FOR the purpose of altering the authorized uses of the Maryland Clean Air Fund to include 3
certain activities relating to reducing air pollution in the State; specifying that 4
money deposited into the Maryland Clean Air Fund may not revert to the General 5
Fund of the State; altering the maximum amount of a certain air quality control 6
permit fee; authorizing the Department of the Environment to charge a fee for 7
processing and issuing on–site sewage disposal permits and individual well 8
construction permits under certain circumstances and requiring the Department to 9
establish the fees by regulation; authorizing the Department to establish a certain 10
fee for the Responsible Personnel Training Program Certification; requiring the 11
Department to deposit certain fees into the Maryland Clean Water Fund; requiring 12
a holder of a license to transfer oil into the State to pay a certain fee when oil owned 13
by the licensee is first transferred into the State; altering the basis for calculating a 14
certain fee credited to the Maryland Oil Disaster Containment, Clean–Up and 15
Contingency Fund; repealing the requirement that an applicant for a license to 16
transfer oil into the State provide certain information to the Department as a 17
condition precedent to the issuance or renewal of the license; altering certain 18
application fees under the wetlands and waterways program and requiring the 19
Department to issue a public notice of certain adjusted fees in a certain manner; 20
establishing the Private Dam Repair Fund as a special, nonlapsing fund to provide 21
financial assistance for the repair, upgrade, or removal of private dams; authorizing 22
the Department to provide loans from the Private Dam Repair Fund to certain dam 23
owners for certain purposes; requiring the Maryland Water Infrastructure Financing 24
Administration to administer loans from the Private Dam Repair Fund in a certain 25
manner; requiring interest earnings of the Private Dam Repair Fund to be credited 26
to the Fund; requiring certain dam owners to register with the Department; 27
requiring the Department to establish and collect certain registration and permit 28
fees and deposit the fees into the Private Dam Repair Fund; altering certain 29 2 SENATE BILL 250
penalties and requiring penalties for certain dam safety violations to be deposited 1
into the Private Dam Repair Fund; altering certain dam safety requirements; 2
altering the fee required to be paid to the Department for certain affected property 3
under certain provisions of law requiring the reduction of lead risk in housing; 4
altering the processing fee required to be submitted to the Department with a report 5
that a rental dwelling unit is lead free; authorizing the Department to establish a 6
protocol to stagger registrations of affected property for certain purposes; altering 7
the fee for the initial application to the Voluntary Cleanup Program; requiring an 8
applicant to or a participant of the Voluntary Cleanup Program to pay to the 9
Department certain additional costs under certain circumstances; altering the 10
factors that the Department is required to consider in establishing a certain fee to 11
be paid by a certain generator of coal combustion by–products; altering certain 12
surface mining license and permit fees; and generally relating to fees and penalties 13
assessed, funding provided, and regulation by the Department of the Environment. 14
BY repealing and reenacting, with amendments, 15
Article – Environment 16
Section 1–301, 2–107, 2–403, 4–104, 4–411(a), (b), (c)(2), (3), and (7), and (h), 5–203.1, 17
5–509, 5–514, 6–843, and 7–506(a) 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2024 Supplement) 20
BY repealing 21
Article – Environment 22
Section 4–411(d) 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2024 Supplement) 25
BY adding to 26
Article – Environment 27
Section 5–203.2, 5–509.1, and 5–509.2 28
Annotated Code of Maryland 29
(2013 Replacement Volume and 2024 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – Environment 32
Section 7–503 and 7–506(b) 33
Annotated Code of Maryland 34
(2013 Replacement Volume and 2024 Supplement) 35
BY repealing and reenacting, with amendments, 36
Article – Environment 37
Section 9–283, 9–320(b), 9–1606, 15–807, 15–815, and 15–816 38
Annotated Code of Maryland 39
(2014 Replacement Volume and 2024 Supplement) 40
BY repealing and reenacting, without amendments, 41 SENATE BILL 250 3
Article – State Finance and Procurement 1
Section 6–226(a)(1) and (2)(i) 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2024 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – State Finance and Procurement 6
Section 6–226(a)(2)(ii)204. and 205. 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2024 Supplement) 9
BY adding to 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(ii)206. 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
BY renumbering 15
Article – Environment 16
Section 4–411(e) through (g) 17
to be Section 4–411(d) through (f), respectively 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Environment 23
2–107. 24
(a) There is a Maryland Clean Air Fund. 25
(b) Except as provided in § 2–1002(g) of this title, all application fees, permit fees, 26
renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of 27
this article, or received from the Maryland Strategic Energy Investment Fund under § 28
9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative 29
penalty or any fine imposed by a court under these provisions, shall be paid into the 30
Maryland Clean Air Fund. 31
(c) (1) Subject to the appropriation process in the annual operating budget, 32
the Department shall use the Maryland Clean Air Fund for: 33
(i) Activities conducted under this title that are related to 34
identifying, monitoring, REDUCING, and regulating air pollution in [this] THE State, 35
including program development of these activities as provided in the State budget; and 36
4 SENATE BILL 250
(ii) Providing grants to local governments to supplement funding for 1
programs conducted by local governments that are consistent with this title and the State 2
program. 3
(2) Subject to Title 10, Subtitle 1 of the State Government Article 4
(Administrative Procedure Act – Regulations), the Department shall adopt rules and 5
regulations for the management and use of the money in the Fund. 6
(3) At the end of the fiscal year, the Department shall: 7
(i) Prepare an annual report on: 8
1. The Maryland Clean Air Fund that includes an accounting 9
of all financial receipts and expenditures to and from the Fund; and 10
2. Any relevant information regarding the federal approval 11
process, the effectiveness of the permitting program, and any other issues related to the 12
operation of the permitting program established under § 2–401 of this title; 13
(ii) Provide a copy of the report to the General Assembly, as provided 14
under § 2–1257 of the State Government Article; and 15
(iii) Upon request, make the report available to permit holders under 16
this title. 17
(4) [When the Fund equals or exceeds a maximum limit of $2,000,000, 18
additional money received for the Fund by the Department shall be deposited to the 19
General Fund] MONEY DEPOSITED INTO THE FUND IS NOT SUBJECT T O § 7–302 OF 20
THE STATE FINANCE AND PROCUREMENT ARTICLE AND MAY NOT R EVERT TO THE 21
GENERAL FUND OF THE STATE. 22
2–403. 23
(a) (1) The Department, by regulation, shall require and collect a fee for each 24
permit issued under § 2–401 of this subtitle. 25
(2) In adopting the regulations under this section, the Department shall 26
consult with industry to determine that the permit fee is reasonable and directly related to 27
the actual cost of the permitting and regulatory activity, and does not exceed a certain 28
dollar amount. 29
(b) (1) The amount of the fees shall cover: 30
(i) The reasonable cost of reviewing and acting on the application 31
for the permits; 32
SENATE BILL 250 5
(ii) The reasonable costs incurred in implementing and enforcing the 1
terms and conditions of the permits, exclusive of any court costs or other costs associated 2
with any enforcement actions; and 3
(iii) The costs identified in § 502(b)(3) of the Clean Air Act 4
Amendments of 1990. 5
(2) Fees assessed and collected under this section shall be used exclusively 6
for the development and administration of the permit program under this subtitle. 7
(c) (1) The fee established under this section may not exceed[: 8
(i) $50] $200 per ton of regulated emissions[; and 9
(ii) $500,000 for any single source in calendar years 2008 and 2009]. 10
(2) For purposes of calculating fees under this section, carbon dioxide 11
emissions shall be excluded. 12
(3) The fee established under this section may be adjusted to reflect 13
changes in the Consumer Price Index[, as authorized by 40 C.F.R. Part 70 (Operating 14
Permit Program)]. 15
SECTION 2. AND BE IT FURTH ER ENACTED, That the Laws of Maryland read 16
as follows: 17
Article – Environment 18
1–301. 19
(a) The Secretary shall carry out and enforce the provisions of this article and the 20
rules and regulations adopted under this article. 21
(b) The Secretary may delegate duties, powers, and functions as provided in this 22
article to a health officer for a county or to another county official authorized to administer 23
and enforce environmental laws. 24
(c) In those counties where a county official other than the health officer is 25
authorized to administer and enforce State environmental laws under this section, the 26
county shall establish minimum qualifications for that county official that include 27
standards of education and experience related to environmental issues. 28
(D) (1) THE DEPARTMENT MAY CHARGE A FEE FOR PROCESSING AND 29
ISSUING ON –SITE SEWAGE DISPOSAL PERMITS AND INDIVIDU AL WELL 30
CONSTRUCTION PERMITS IN A COUNTY IF: 31
6 SENATE BILL 250
(I) 1. THE DEPARTMENT WITHDRAWS THE AUTHORITY 1
DELEGATED UNDER THIS SECTION TO PROCESS A ND ISSUE ON –SITE SEWAGE 2
DISPOSAL PERMITS OR INDIVIDUAL WELL CONS TRUCTION PERMITS FRO M A HEALTH 3
OFFICER FOR THE COUN TY OR ANOTHER COUNTY OFFICIAL AUTHORIZED TO 4
ADMINISTER AND ENFOR CE ENVIRONMENTAL LAW S; OR 5
2. THE HEALTH OFFICER OR COUNTY OFFICIAL 6
RETURNS THE DELEGATE D AUTHORITY TO THE DEPARTMENT ; AND 7
(II) A LICENSED ENVIRONMENT AL HEALTH SPECIALIST 8
REVIEWS AND APPROVES THE PERMITS. 9
(2) (I) THE FEES: 10
1. SHALL BE ESTABLISHED BY THE DEPARTMENT IN 11
REGULATION ; AND 12
2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
PARAGRAPH , MAY NOT EXCEED $575. 14
(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 15
SUBPARAGRAPH , THE DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER 16
SUBPARAGRAPH (I) OF THIS PARAGRAPH IN ACCORDANCE WITH THE PERCENTAGE 17
INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 18
WASHINGTON METROPOLITAN AREA DURING THE PREVI OUS YEAR. 19
2. THE DEPARTMENT MAY NOT AN NUALLY INCREASE 20
THE FEES UNDER THIS SUBSECTION BY MORE T HAN 3%. 21
(3) THE FEES COLLECTED BY THE DEPARTMENT UNDER THIS 22
SUBSECTION SH ALL BE DEPOSITED INT O THE MARYLAND CLEAN WATER FUND IN § 23
9–320 OF THIS ARTICLE. 24
[(d)] (E) (1) (i) On or before October 1 of each year, the Secretary, in 25
consultation with the Attorney General, shall submit to the Legislative Policy Committee, 26
in accordance with § 2–1257 of the State Government Article, a report on enforcement 27
activities conducted by the Department during the previous fiscal year. 28
(ii) The report shall: 29
1. Include the information required under this subsection 30
and any additional information concerning environmental enforcement that the Secretary 31
decides to provide; 32
SENATE BILL 250 7
2. Be available to the public as soon as it is forwarded to the 1
Legislative Policy Committee; 2
3. Include information on the total number of permits and 3
licenses issued by or filed with the Department at any time and still in effect as of the last 4
date of the fiscal year immediately preceding the date on which the report is filed; 5
4. Include information concerning specific enforcement 6
actions taken with respect to the permits and licenses during the immediately preceding 7
fiscal year; and 8
5. Include information on the type and number of contacts or 9
consultations with businesses concerning compliance with State environmental laws. 10
(iii) The information required in the report under paragraph (3) of 11
this subsection shall be organized according to each program specified. 12
(2) The report shall state the total amount of money as a result of 13
enforcement actions, as of the end of the immediately preceding fiscal year: 14
(i) Deposited in the Maryland Clean Air Fund; 15
(ii) Deposited in the Maryland Oil Disaster Containment, Clean–Up 16
and Contingency Fund; 17
(iii) Deposited in the Nontidal Wetland Compensation Fund; 18
(iv) Deposited in the Maryland Hazardous Substance Control Fund; 19
(v) Recovered by the Department from responsible parties in 20
accordance with § 7–221 of this article; and 21
(vi) Deposited in the Maryland Clean Water Fund. 22
(3) (i) The report shall include the information specified in 23
subparagraphs (ii), (iii), (iv), and (v) of this paragraph for each of the following programs in 24
the Department: 25
1. Ambient air quality control under Title 2, Subtitle 4 of this 26
article; 27
2. Oil pollution under Title 4, Subtitle 4 of this article; 28
3. Nontidal wetlands under Title 5, Subtitle 9 of this article; 29
4. Asbestos under Title 6, Subtitle 4 of this article; 30
8 SENATE BILL 250
5. Lead paint under Title 6, Subtitle 8 of this article; 1
6. Controlled hazardous substances under Title 7, Subtitle 2 2
of this article; 3
7. Water supply, sewerage systems, and refuse disposal 4
systems under Title 9, Subtitle 2 of this article; 5
8. Water discharges under Title 9, Subtitle 3 of this article; 6
9. Drinking water under Title 9, Subtitle 4 of this article; and 7
10. Wetlands under Title 16, Subtitle 2 of this article. 8
(ii) For each of the programs set forth in subparagraph (i) of this 9
paragraph, the Department shall provide the total number or amount of: 10
1. Final permits or licenses issued to a person or facility, as 11
appropriate, and not surrendered, suspended, or revoked; 12
2. Inspections, audits, or spot checks performed at facilities 13
permitted; 14
3. Injunctions obtained; 15
4. Show cause, remedial, and corrective action orders issued; 16
5. Stop work orders; 17
6. Administrative or civil penalties obtained; 18
7. Criminal actions charged, convictions obtained, 19
imprisonment time ordered, and criminal fines received; and 20
8. Any other actions taken by the Department to enforce the 21
requirements of the applicable environmental program, including: 22
A. Notices of the removal or encapsulation of asbestos under 23
§ 6–414.1 of this article; and 24
B. Actions enforcing user charges against industrial users 25
under § 9–341 of this article. 26
(iii) In addition to the information required in subparagraph (ii) of 27
this paragraph, for the Lead Paint Program under Title 6, Subtitle 8 of this article, the 28
report shall include the total number or amount of: 29
SENATE BILL 250 9
1. Affected properties registered; and 1
2. Inspectors or other persons accredited by the Department, 2
for whom accreditation has not been surrendered, suspended, or revoked. 3
(iv) In addition to the information required in subparagraph (ii) of 4
this paragraph, for the Controlled Hazardous Substances Program under Title 7, Subtitle 5
2 of this article, the report shall include the following lists, updated to reflect the most 6
recent information available for the immediately preceding fiscal year: 7
1. Possible controlled hazardous substance sites compiled in 8
accordance with § 7–223(a) of this article; 9
2. Proposed sites listed in accordance with § 7–223(c) of this 10
article at which the Department intends to conduct preliminary site assessments; and 11
3. Hazardous waste sites in the disposal site registry 12
compiled in accordance with § 7–223(f) of this article. 13
(v) In addition to the information required in subparagraph (ii) of 14
this paragraph, for the Drinking Water Program, the report shall include the total number 15
of: 16
1. Actions to prevent public water system contamination or 17
to respond to a Safe Drinking Water Act emergency under §§ 9–405 and 9–406 of this 18
article; and 19
2. Notices given to the public by public water systems under 20
§ 9–410 of this article. 21
4–104. 22
(a) In this section, “responsible personnel” means any foreman, superintendent, 23
or project engineer who is in charge of on–site clearing and grading operations or sediment 24
control associated with a construction project. 25
(b) (1) After July 1, 1983, any applicant for sediment and erosion control plan 26
approval shall certify to the appropriate jurisdiction that any responsible personnel 27
involved in the construction project will have a certificate of attendance at a Department 28
[of the Environment] approved training program for the control of sediment and erosion 29
before beginning the project. 30
(2) A certificate shall be [valid]: 31
(I) VALID for a 3–year period[. A certificate shall be automatically]; 32
AND 33
10 SENATE BILL 250
(II) AUTOMATICALLY renewed unless the Department [of the 1
Environment] notifies the certificate holder that additional training is required. 2
(c) The appropriate governmental entity authorized to approve grading and 3
sediment control plans may waive the requirement of this section for the responsible 4
personnel on any project involving four or fewer residential units. 5
(d) Any person may develop and conduct a training program if the program 6
content and instructor are approved by and meet the requirements set by the Department 7
[of the Environment]. 8
(E) (1) THE DEPARTMENT MAY ESTABL ISH BY REGULATION A FEE FOR 9
PROCESSING AND ISSUI NG THE CERTIFICATION . 10
(2) A FEE ESTABLISHED UNDE R THIS SUBSECTION SH ALL BE SET AT 11
A RATE THAT PRODUCES FUNDS APPROXIMATELY THE SAME AS THE COST OF 12
PROCESSING AND ISSUING THE CERTIFICATION . 13
(3) THE DEPARTMENT SHALL DEPO SIT ANY FEE COLLECTE D UNDER 14
THIS SUBSECTION INTO THE MARYLAND CLEAN WATER FUND IN § 9–320 OF THIS 15
ARTICLE. 16
4–411. 17
(a) (1) In this section the following words have the meanings indicated. 18
(2) “Barrel” means any measure of petroleum products or its by–products 19
which consists of 42.0 U.S. gallons of liquid measure. 20
(3) “Fund” means the Maryland Oil Disaster Containment, Clean–Up and 21
Contingency Fund. 22
(4) “Transfer” means the offloading or onloading of oil [in] INTO the State 23
from or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means 24
used for transporting oil. 25
(b) A person other than a vessel or barge may not transfer oil [in] INTO the State 26
without a license. 27
(c) (2) The fee on any barrel TRANSFERRED INTO THE STATE UNDER A 28
LICENSE shall be [imposed]: 29
(I) PAID BY THE LICENSEE THAT OWNS THE OIL WH EN THE OIL 30
IS FIRST TRANSFERRED INTO THE STATE; AND 31
SENATE BILL 250 11
(II) IMPOSED only once, at the point of first transfer [in] INTO the 1
State. 2
(3) The [license] fee UNDER PARAGRAPH (2) OF THIS SUBSECTION shall 3
be[: 4
(i) Credited] CREDITED to the Maryland Oil Disaster Containment, 5
Clean–Up and Contingency Fund and based on: 6
[1.] (I) Before July 1, [2024] 2030, a [7.75] 9 cents per 7
barrel fee for oil transferred [in] INTO the State; and 8
[2.] (II) On or after July 1, [2024] 2030, a 5 cents per barrel 9
fee for oil transferred [in] INTO the State[; and 10
(ii) Until July 1, 2024, based on an additional 0.25 cent per barrel 11
fee for oil transferred in the State and credited to the Oil Contaminated Site Environmental 12
Cleanup Fund as described in Subtitle 7 of this title]. 13
(7) The Department shall [promulgate rules and] ADOPT regulations, 14
establish audit procedures for the audit of licensees, and prescribe and publish forms as 15
may be necessary to effectuate the purposes of this section. 16
[(d) As a condition precedent to the issuance or renewal of a license, the 17
Department shall require satisfactory evidence that the applicant has implemented or is in 18
the process of implementing State and federal plans and regulations to control pollution 19
related to oil, petroleum products, and their by–products and the abatement thereof when 20
a discharge occurs.] 21
[(h)] (G) (1) The Department shall provide the standing committees of the 22
Maryland General Assembly with primary jurisdiction over this section with a status report 23
on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State 24
Government Article. 25
(2) The report shall include an accounting of all money expended for each 26
of the purposes specified in subsection [(g)] (F) of this section. 27
5–203.1. 28
(a) (1) In this section the following words have the meanings indicated. 29
(2) (i) “Commercial activity” means a project or activity undertaken for 30
consideration, regardless of whether a profit is made. 31
(ii) “Commercial activity” includes: 32
12 SENATE BILL 250
1. A subdivision; 1
2. A development; and 2
3. Constructing or operating a marina. 3
(3) “Commercial building” means a building that is used primarily for 4
commercial activity. 5
(4) “Development” means a project for the construction of: 6
(i) Two or more residential dwelling units; 7
(ii) A commercial structure; or 8
(iii) An industrial structure. 9
(5) “Dwelling unit” means a property that contains: 10
(i) One or more rooms used as a residence; 11
(ii) Kitchen facilities; and 12
(iii) Bathroom facilities. 13
(6) “Major project” means a project that: 14
(i) Proposes to permanently impact 5,000 square feet or more of 15
wetlands or waterways, including the 100–year floodplain; 16
(ii) Is located in an area identified as potentially impacting a 17
nontidal wetland of special State concern by a geographical information system database 18
that: 19
1. Has been developed and maintained by the Department of 20
Natural Resources; and 21
2. Is used by the Department to screen incoming 22
applications; or 23
(iii) Requires the issuance of a public notice by the Department. 24
(7) “Marina” means a facility for the mooring, docking, or storing of more 25
than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or 26
community facility. 27
(8) “Minor project” means a project that: 28 SENATE BILL 250 13
(i) Proposes to permanently impact less than 5,000 square feet of 1
wetlands or waterways, including the 100–year floodplain; and 2
(ii) Does not meet the definition of a major project. 3
(9) “Residential activity” means a noncommercial activity that is conducted 4
on residential property. 5
(10) (i) “Residential property” means improved property that is used 6
primarily as a residence or unimproved property that is zoned for use as a residence. 7
(ii) “Residential property” includes: 8
1. Property owned by a homeowners’ association; and 9
2. A condominium. 10
(iii) “Residential property” does not include: 11
1. A commercial building; 12
2. A marina; or 13
3. A residential apartment complex or building. 14
(11) (i) “Subdivision” means the division of a lot, tract, or parcel of land 15
into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or 16
future purpose of selling or development. 17
(ii) “Subdivision” includes resubdivision. 18
(12) “TIER II HIGH QUALITY WATERSHED” MEANS THE LAND AND 19
WATER AREA WHICH DRAINS TO WARD OR INTO A TIER II HIGH QUALITY WATER AS 20
DESIGNATED AND IDENT IFIED IN A GEOGRAPHI C INFORMATION SYSTEM BY THE 21
DEPARTMENT . 22
(b) (1) Except as provided under paragraphs (2), (3), [and] (6), AND (7) of this 23
subsection, all applications for wetlands and waterways authorizations issued by the 24
Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of 25
this article or wetlands licenses issued by the Board of Public Works under § 16–202 of this 26
article shall be accompanied by an application fee as follows: 27
(i) For an application for a minor project or general permit.....[$750] 28
$980; 29
14 SENATE BILL 250
(ii) For an application for a minor modification…….………..[$250] 1
$330; 2
(iii) For an application for a major project with a proposed permanent 3
impact of: 4
1. Less than 1/4 acre…………………………………… [$1,500] 5
$1,950; 6
2. At least 1/4 acre, but less than 1/2 acre…..…..[$3,000] 7
$3,890; 8
3. At least 1/2 acre, but less than 3/4 acre……....[$4,500] 9
$5,830; 10
4. At least 3/4 acre, but less than 1 acre………...[$6,000] 11
$7,780; and 12
5. 1 acre or more…....the impact area in acres multiplied by 13
[$7,500] $9,720; and 14
(iv) For an application for a major modification………… [$1,500] 15
$1,950. 16
(2) The following are exempt from the application fees established under 17
paragraph (1) of this subsection: 18
(i) Regulated activities conducted by the State, a municipal 19
corporation, county, bicounty or multicounty agency under Division II of the Land Use 20
Article or Division II of the Public Utilities Article, or a unit of the State, a municipal 21
corporation, or a county; 22
(ii) Performance of agricultural best management practices 23
contained in a soil conservation and water quality plan approved by the appropriate soil 24
conservation district; 25
(iii) Performance of forestry best management practices contained in 26
an erosion and sediment control plan: 27
1. Prepared by a registered forester; and 28
2. Approved by the appropriate soil conservation district; 29
(iv) Stream restoration, vegetative shoreline stabilization, wetland 30
creation, or other project in which the primary effect is to enhance the State’s wetland or 31
water resources; and 32 SENATE BILL 250 15
(v) Aquacultural activities for which the Department of Natural 1
Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article. 2
(3) Except as provided in paragraph (4) of this subsection, the following 3
shall be minor projects and subject to the appropriate application fee under [paragraph] 4
PARAGRAPHS (1)(i) and (ii) AND (7)(I) of this subsection: 5
(i) A residential activity issued a permit under §§ 5–503 and 5–906 6
of this title and §§ 16–202, 16–302, and 16–307 of this article; and 7
(ii) A mining activity undertaken on affected land as identified in a 8
permit issued under Title 15 of this article. 9
(4) Subject to [paragraph] PARAGRAPHS (5) AND (7) of this subsection, 10
an application for the following minor projects shall be accompanied by the following 11
application fees: 12
(i) Installation of: 13
1. One boat lift or hoist, not exceeding four boat lifts or hoists 14
per pier; 15
2. One personal watercraft lift or hoist, not exceeding six 16
personal watercraft lifts or hoists per pier; or 17
3. A combination of boat lifts or hoists and personal 18
watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than 19
four lifts or hoists are boat lifts or hoists………………………...………………………….. [$300] 20
$385; 21
(ii) Installation of a maximum of six mooring pilings……….[$300] 22
$390; 23
(iii) In–kind repair and replacement of structures……….…..[$300] 24
$390; 25
(iv) Installation of a fixed or floating platform on an existing pier 26
where the total platform area does not exceed 200 square feet………………………...…[$300] 27
$390; 28
(v) Construction of a nonhabitable structure that permanently 29
impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence.…..[$300] 30
$390; 31
16 SENATE BILL 250
(vi) Replacement of an existing bulkhead where the replacement 1
bulkhead does not exceed more than 18 inches channelward of the existing 2
structure……………………………………………………………………………………….… [$500] 3
$650; and 4
(vii) In–kind repair and replacement of existing 5
infrastructure……..……............................................................................................…...[$500] 6
$650. 7
(5) The Department may not require an application fee for: 8
(i) The installation of a boat lift, hoist, or personal watercraft lift on 9
existing pilings; or 10
(ii) If the existing structure is functional and there is no increase in 11
the original length, width, height, or channelward encroachment authorized under § 12
16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or 13
replacement of: 14
1. A highway structure; 15
2. A pier; 16
3. A boathouse; 17
4. A structure on a pier; 18
5. A bulkhead; 19
6. A revetment; 20
7. A tidal impoundment dike; 21
8. A water control structure; 22
9. An aboveground transmission facility; 23
10. An agricultural drainage ditch; or 24
11. A highway drainage ditch. 25
(6) The application fee for a structural shoreline stabilization project 26
located on or adjacent to a State–owned lake may not exceed [$250] $290. 27
(7) [The fees imposed under this subsection may not be modified without 28
legislative enactment. 29 SENATE BILL 250 17
(8) (i) Subject to paragraph (7) of this subsection, the] EXCEPT AS 1
PROVIDED IN PARAGRAP HS (2) AND (5) OF THIS SUBSECTION , ALL APPLICATIONS 2
FOR WETLANDS AND WAT ERWAYS AUTHORIZATION S ISSUED BY THE DEPARTMENT 3
FOR ACTIVITIES PROPO SED IN A TIER II HIGH QUALITY WATERSHED SH ALL BE 4
ACCOMPANIED BY AN AD DITIONAL APPLICATION FEE, AS FOLLOWS: 5
(I) FOR AN APPLICATION FO R A MINOR PROJECT OR MINOR 6
MODIFICATION ……………………………………………………………………..$400; AND 7
(II) FOR AN APPLICATION FO R A MAJOR PROJECT OR MAJOR 8
MODIFICATION ………………………………………… ………………………….…..$1,600. 9
(8) (I) THE Department may adjust the fees established under 10
paragraphs (1), (4), and (6) of this subsection to reflect changes in the consumer price index 11
for all “urban consumers” for the expenditure category “all items not seasonally adjusted”, 12
and for all regions. 13
(ii) The Annual Consumer Price Index for the period ending each 14
December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, 15
shall be used to adjust the fees established under paragraphs (1), (4), [and] (6), AND (7) of 16
this subsection. 17
(9) THE DEPARTMENT SHALL ISSU E A PUBLIC NOTICE OF THE 18
ADJUSTED FEES AT LEA ST 90 DAYS BEFORE THE NEW FEE RATES TAKE EFFEC T. 19
(c) (1) There is a Wetlands and Waterways Program Fund. 20
(2) The Department shall administer the Fund. 21
(3) The Treasurer shall hold the Fund separately and the Comptroller shall 22
account for the Fund. 23
(4) The Fund consists of all: 24
(i) Application fees collected by the Department under this section; 25
(ii) Monetary compensation paid to the State in conjunction with a 26
wetlands license other than that compensation specified in § 16–205(e)(2) of this article; 27
(iii) Money appropriated in the State budget to the Fund; and 28
(iv) Investment earnings, interest, and any other money from any 29
other source accepted for the benefit of the Fund. 30
18 SENATE BILL 250
(5) In accordance with subsection (e) of this section, the Department shall 1
use the Wetlands and Waterways Program Fund for activities related to: 2
(i) The issuance of authorizations by the Department under §§ 3
5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the 4
issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article; 5
(ii) The management, conservation, protection, and preservation of 6
the State’s wetlands and waterways resources, INCLUDING TIER II HIGH QUALITY 7
WATERS AND TIER II HIGH QUALITY WATERSHEDS ; and 8
(iii) Program development associated with this title and Title 16 of 9
this article, as provided by the State budget. 10
(d) On or before December 31 of each year, in accordance with § 2–1257 of the 11
State Government Article, the Department shall prepare and submit an annual report to 12
the House Environment and Transportation Committee, the House Appropriations 13
Committee, the Senate COMMITTEE ON Education, [Health, and Environmental Affairs 14
Committee] ENERGY, AND THE ENVIRONMENT , and the Senate Budget and Taxation 15
Committee on the Wetlands and Waterways Program Fund, including an accounting of 16
financial receipts deposited into the Fund and expenditures from the Fund. 17
(e) The Department shall: 18
(1) Prioritize the use of the Wetlands and Waterways Program Fund to 19
improve the level of service to the regulated community; 20
(2) Identify and implement measures that will reduce delays and 21
duplication in the administration of the wetlands and waterways permit process, including 22
the processing of applications for wetlands and waterways permits in accordance with § 23
1–607 of this article; and 24
(3) In conjunction with the Department of Natural Resources, identify up 25
to three types of structural shoreline stabilization practices that may be implemented on 26
or adjacent to a State–owned lake. 27
5–203.2. 28
(A) IN THIS SECTION , “DAM SAFETY P ERMIT” MEANS A PERMIT ISSUE D 29
UNDER § 5–503 OF THIS TITLE FOR TH E CONSTRUCTION , RECONSTRUCTION , 30
REPAIR, REMOVAL, OR MODIFICATION OF A DAM. 31
(B) (1) BY REGULATION , THE DEPARTMENT SHALL ESTA BLISH AND 32
COLLECT A FEE TO BE PAID PRIOR TO ISSUAN CE OF A DAM SAFETY PERMIT. 33
(2) THE DEPARTMENT SHALL BASE THE FEE ON: 34 SENATE BILL 250 19
(I) PROJECT COST; AND 1
(II) THE COST TO THE DEPARTMENT FOR ADMINI STERING THE 2
DAM SAFETY PERMIT . 3
(C) THE APPLICATION FOR A NEW DAM, OR THE ENLARGEMENT , REPAIR, 4
ALTERATION, OR REMOVAL OF AN EXI STING DAM, SHALL INCLUDE THE ES TIMATED 5
PROJECT COST . 6
(D) PERIODICALLY, THE DEPARTMENT SHALL REVI EW THE FEES AND IF 7
NEEDED ADJUST THE FE ES TO ENSURE THE AMO UNT COLLECTED COVERS THE 8
DEPARTMENT ’S COSTS FOR ADMINIST ERING THE DAM SAFETY PERMIT. 9
(E) FEES COLLE CTED UNDER THIS SECT ION SHALL BE PAID IN TO THE 10
PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS TITLE. 11
5–509. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) [“Asset owner” means the owner or person having control of a water 14
infrastructure asset. 15
(3)] “Association” means: 16
(i) A homeowners association, as defined in § 11B–101 of the Real 17
Property Article; 18
(ii) A council of unit owners, as defined in § 11–101 of the Real 19
Property Article; or 20
(iii) Any other entity owning or controlling a [water infrastructure 21
asset] DAM, the owners or members of which are owners of property adjacent to or benefited 22
by the [water infrastructure asset] DAM. 23
[(4)] (3) “Association member” means an owner or a memb er of an 24
association. 25
(4) “DAM OWNER” MEANS THE OWNER OR P ERSON HAVING CONTROL 26
OF THE NORMAL OPERAT ION OR MAINTENANCE O F A DAM. 27
(5) [“Water infrastructure asset” means a reservoir, a dam, or any other 28
waterway construction.] “UNSAFE CONDITION ” MEANS THE CONDITION OF A D AM 29
DETERMINED BY THE DEPARTMENT TO BE UNSA FE DUE TO THE STRUCT URE: 30 20 SENATE BILL 250
(I) BEING IN POOR CONDITI ON; 1
(II) HAVING AN INADEQUATE SPILLWAY; 2
(III) POSING IMMINENT DANGE R OF FAILURE; OR 3
(IV) HAVING ANOTHER CONDIT ION DETERMINED UNSAFE BY 4
THE DEPARTMENT . 5
(b) (1) On complaint or the Department’s own initiative, the Department may 6
investigate or examine any [water infrastructure asset] DAM. 7
(2) If the Department determines that the [water infrastructure asset] 8
DAM is IN AN unsafe CONDITION, needs repair, or should be removed because the [water 9
infrastructure asset] DAM is unsafe and not repairable, the Department shall notify the 10
[asset] DAM owner in writing to repair or remove the [water infrastructure asset] DAM, as 11
the situation warrants. 12
(3) The repair or removal work shall be completed within a reasonable 13
time, which time shall be prescribed in the Department’s notice. 14
(4) (i) This paragraph applies to a [water infrastructure asset] DAM 15
that the Department determines meets the criteria specified in paragraph (2) of this 16
subsection. 17
(ii) If the Department determines that changes to the [water 18
infrastructure asset] DAM, including removal of the [asset] DAM, are a priority for 19
improving fish passage or for other environmental benefits, the Department MAY: 20
1. [May partner] PARTNER with the [asset] DAM owner and 21
an organization that provides resources and expertise to plan, design, or finance changes 22
to [water infrastructure assets] DAMS for the purpose of repairing, removing, or retrofitting 23
the [asset] DAM in a manner consistent with the Department’s objectives; or 24
2. [Shall prioritize] PRIORITIZE the use of environmental 25
outcomes, as defined in § 9–1601 of this article, arising from the repair, removal, or retrofit 26
of the [water infrastructure asset] DAM in any environmental mitigation program 27
identified by the Department. 28
(iii) For the purpose of seeking financial assistance under Title 5, 29
Subtitle 4 of the Economic Development Article, if the Department determines that the 30
[water infrastructure asset] DAM is not a priority under subparagraph (ii) of this 31
paragraph but is a priority for installation of less than 30 megawatts of small hydroelectric 32 SENATE BILL 250 21
power plant capacity, the Department shall provide notice to the Maryland Industrial 1
Development Financing Authority of: 2
1. Any [water infrastructure asset] DAM identified as a 3
priority for installation of less than 30 megawatts of small hydroelectric power plant 4
capacity under this paragraph; and 5
2. The repair, retrofit, or removal measures identified for the 6
[water infrastructure asset] DAM in the notice provided under paragraph (2) of this 7
subsection. 8
(c) If the work is not completed in the time prescribed in the notice: 9
(1) The Department may have the work completed at the expense of the 10
[asset] DAM owner; 11
(2) The Department shall charge the [asset] DAM owner for the costs to 12
complete the work; and 13
(3) If repayment is not made within 30 days after written demand, the 14
Department may bring an action in the proper court to recover the costs to complete the 15
work. 16
(d) (1) The Department may take emergency actions necessary to protect life, 17
property, or the environment if: 18
(i) 1. The Department determines that a [water infrastructure 19
asset] DAM is in imminent danger of failure; and 20
2. The [asset] DAM owner has been issued a notice by the 21
Department under subsection (b) of this section and has not completed the work in 22
accordance with the time prescribed in the notice; or 23
(ii) The Department determines that: 24
1. A [water infrastructure asset] DAM is failing OR IN 25
IMMINENT DANGER OF F AILING; and 26
2. The [asset] DAM owner is not taking adequate actions to 27
protect life, property, or the environment. 28
(2) Emergency actions taken by the Department under this subsection may 29
include: 30
(i) Taking control of the [water infrastructure asset] DAM; 31
22 SENATE BILL 250
(ii) Lowering the level of water impounded by the [water 1
infrastructure asset] DAM by releasing the impounded water or by other means; 2
(iii) Completely releasing all water impounded by the [water 3
infrastructure asset] DAM; 4
(iv) Performing any necessary remedial or protective work at the site 5
of the [water infrastructure asset] DAM, including breaching the [water infrastructure 6
asset] DAM; and 7
(v) Taking any other steps the Department deems necessary to 8
safeguard life, property, or the environment. 9
(3) The Department or its agents may enter any property, without prior 10
notice to the owner of the property, if the entry is necessary to carry out emergency actions 11
under this subsection. 12
(4) If the Department takes control of a [water infrastructure asset] DAM 13
under paragraph (2)(i) of this subsection, the Department shall remain in charge and 14
control of the [water infrastructure asset] DAM until the Department has determined that 15
the [water infrastructure asset] DAM has been rendered safe or the circumstances 16
requiring the emergency actions have ceased. 17
(5) The Department may obtain equipment, personnel, and other resources 18
for emergency actions taken under this subsection through any appropriate means, 19
including emergency procurements under § 13–108 of the State Finance and Procurement 20
Article. 21
(e) (1) Costs incurred by the Department under this section shall: 22
(i) Constitute a debt owed to the State; and 23
(ii) Be reimbursed to the Department by the [asset] DAM owner. 24
(2) If any such cost remains unreimbursed 30 days after the Department 25
makes a demand for reimbursement from the [asset] DAM owner, the [water infrastructure 26
asset] DAM shall be subject to the establishment of a lien in accordance with this section 27
for the payment of the unreimbursed amount. 28
(f) (1) With respect to costs incurred by the Department under this section 29
relating to a [water infrastructure asset] DAM for which an association is the [asset] DAM 30
owner, if any such cost remains unreimbursed 30 days after the Department makes a 31
demand for reimbursement from the association, such costs shall be a debt to the State 32
owed, and shall be reimbursed to the Department, by the association members, jointly and 33
severally, notwithstanding any provision of law that would otherwise relieve the 34
association members of such liability. 35 SENATE BILL 250 23
(2) If any such cost remains unreimbursed 30 days after the Department 1
makes a demand for reimbursement from the association members, the lots, condominium 2
units, or other property owned by the association members that is adjacent to or benefited 3
by the [water infrastructure asset] DAM shall be subject to the establishment of a lien in 4
accordance with this section for the payment of the unreimbursed amount. 5
(g) (1) Any lien arising under subsections (e) and (f) of this section shall, to the 6
extent not otherwise expressly prohibited by law, have priority over all other liens and 7
encumbrances perfected after July 1, 2020, on the [water infrastructure asset] DAM, or the 8
lots, condominium units, or other property owned by the association members that is 9
adjacent to or benefited by the [water infrastructure asset] DAM. 10
(2) The establishment and enforcement of liens arising under subsections 11
(e) and (f) of this section shall be governed by the rules set forth in Title 12, Chapter 300 of 12
the Maryland Rules. 13
(h) No action may be brought against the State, the Department, or their 14
respective agents or employees for the recovery of damages caused by the partial or total 15
failure of any [water infrastructure asset] DAM, or the control or operation of any [water 16
infrastructure asset] DAM, on the ground that the State, the Department, or their 17
respective agents or employees are liable by virtue of any of the following: 18
(1) The approval or permitting of the [water infrastructure asset] DAM; 19
(2) The issuance or enforcement of orders relative to maintenance or 20
operation of the [water infrastructure asset] DAM; 21
(3) Control or regulation of the [water infrastructure asset] DAM; 22
(4) Actions taken to protect against failure during an emergency, including 23
any actions taken under this subsection; 24
(5) The use of design and construction criteria prepared, approved, or 25
promulgated by the Department; or 26
(6) The failure to issue or enforce orders, to control or regulate [water 27
infrastructure assets] DAMS, to take measures to protect against any failure thereof, or to 28
take any emergency actions contemplated by this subsection. 29
(i) Nothing in this section, and no act or omission of the Department under this 30
section, shall be construed to relieve [an asset] A DAM owner of: 31
(1) The legal duties, obligations, or liabilities incident to the ownership or 32
operation of a [water infrastructure asset] DAM; or 33
24 SENATE BILL 250
(2) Any liability for acts or omissions of the [asset] DAM owner that cause 1
injury or death to any person, damage to any property or the environment, or violation of 2
any law, regulation, or permit, even if acts or omissions of the Department under this 3
section could be deemed an intervening cause of such injury, death, damage, or violation. 4
(j) This section does not apply to farm ponds used for agricultural purposes. 5
5–509.1. 6
(A) IN THIS SECTION, “DAM OWNER ” HAS THE MEANING STAT ED IN § 5–509 7
OF THIS SUBTITLE. 8
(B) THIS SECTION DOES NOT APPLY TO A DAM OWNED BY THE FEDERAL 9
GOVERNMENT . 10
(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, ALL DAM OWNERS 11
SHALL REGISTER THEIR DAMS ANNUALLY WITH T HE DEPARTMENT . 12
(D) TO REGISTER WITH THE DEPARTMENT , A DAM OWNER SHALL : 13
(1) SUBMIT AN APPLICATION TO THE DEPARTMENT ON THE FORM 14
PROVIDED BY THE DEPARTMENT ; AND 15
(2) PAY TO THE DEPARTMENT A REGISTRA TION FEE. 16
(E) THE DEPARTMENT SHALL : 17
(1) ESTABLISH THE REGISTR ATION FEE BY REGULAT ION; AND 18
(2) BASE THE REGISTRATION FEE ON THE DAM HAZAR D 19
CLASSIFICATION . 20
(F) REGISTRATION FEES COL LECTED UNDER THIS SE CTION SHALL BE PAID 21
INTO THE PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS 22
SUBTITLE. 23
5–509.2. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “DAM OWNER” HAS THE MEAN ING STATED IN § 5–509 OF THIS 27
SUBTITLE. 28
SENATE BILL 250 25
(3) (I) “ELIGIBLE COST” MEANS ANY COST TO BE INCURRED BY A 1
DAM OWNER FOR THE RE PAIR, EMERGENCY REPAIR , OR PERMANENT BREACH OF A 2
DAM. 3
(II) “ELIGIBLE COST” INCLUDES CONSTRUCTIO N ACTIVITIES, 4
ENGINEERING FEES , DEMOLITION, EXCAVATION, STABILIZATION, AND RELATED 5
COSTS. 6
(4) “FUND” MEANS THE PRIVATE DAM REPAIR FUND. 7
(5) “LOAN” MEANS A PRIVATE DAM REPAIR LOAN MADE IN 8
ACCORDANCE WITH THIS SECTION. 9
(6) “PRIVATE DAM” MEANS A DAM THAT IS NOT OWNED BY THE 10
FEDERAL GOVERNMENT , THE STATE GOVERNMENT , OR A COUNTY OR MUNIC IPAL 11
GOVERNMENT . 12
(7) “UNSAFE CONDITION ” HAS THE MEANING STAT ED IN § 5–509 OF 13
THIS SUBTITLE. 14
(B) (1) THERE IS A PRIVATE DAM REPAIR FUND. 15
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 16
ASSISTANCE FOR THE R EPAIR, UPGRADE, OR REMOVAL OF PRIVAT E DAMS IN 17
ACCORDANCE WITH THIS SUBTITLE. 18
(3) THE MARYLAND WATER INFRASTRUCTURE FINANCING 19
ADMINISTRATION WITHIN THE DEPARTMENT SHALL ADMI NISTER THE FUND. 20
(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 21
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 22
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 23
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 24
(D) THE FUND CONSISTS OF: 25
(1) DAM SAFETY PERMIT FEE S COLLECTED BY THE DEPARTMENT 26
UNDER § 5–203.2 OF THIS TITLE; 27
(2) DAM OWNER REGISTRATIO N FEES COLLECTED BY THE 28
DEPARTMENT UNDER § 5–509.1 OF THIS SUBTITLE; 29
26 SENATE BILL 250
(3) PAYMENTS RECEIVED FRO M BORROWERS FOR DEPO SIT INTO THE 1
FUND IN REPAYMENT OF LOANS ISSUED UNDER S UBSECTION (H) OF THIS SECTION, 2
INCLUDING ANY LOAN O RIGINATION FEES ; 3
(4) PENALTIES DISTRIBUTED TO THE FUND UNDER § 5–514(C)(2) OF 4
THIS SUBTITLE; 5
(5) FUNDS APPROPRIATED IN THE STATE BUDGET TO THE FUND; 6
(6) INTEREST EARNINGS ; AND 7
(7) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 8
THE BENEFIT OF THE FUND. 9
(E) THE FUND MAY BE USED ONLY FOR: 10
(1) PROVIDING FINANCIAL A SSISTANCE TO PRIVATE DAM OWNERS 11
FOR DEPARTMENT –DIRECTED UPGRADES , REPAIRS, OR REMOVALS; 12
(2) MAKING LOANS IN ACCOR DANCE WITH THIS SECT ION; 13
(3) FUNDING EMERGENCY REP AIRS AND REMOVALS OF PRIVATE 14
DAMS PERFORMED BY TH E DEPARTMENT ; AND 15
(4) REIMBURSING THE ADMIN ISTRATIVE COST TO TH E DEPARTMENT 16
OF PROCESSING AND IS SUING DAM SAFETY PERMITS AND PERFORMI NG THE DUTIES 17
UNDER § 5–509 OF THIS SUBTITLE. 18
(F) (1) THE STATE TREASURER SHALL INVES T MONEY OF THE FUND IN 19
THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 20
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 21
THE FUND. 22
(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 23
WITH THE STATE BUDGET . 24
(H) (1) (I) BEGINNING JULY 1, 2028, THE DEPARTMENT MAY PROVID E 25
LOANS FROM THE FUND TO OWNERS OF PRI VATE DAMS FOR THE PU RPOSE OF 26
REPAIRING OR REMOVIN G PRIVATE DAMS DE EMED TO BE IN AN UNS AFE CONDITION 27
BY THE DEPARTMENT . 28
SENATE BILL 250 27
(II) LOANS MADE UNDER THIS SUBSECTION SHALL BE 1
ADMINISTERED BY THE MARYLAND WATER INFRASTRUCTURE FINANCING 2
ADMINISTRATION IN ACC ORDANCE WITH §§ 9–1604 AND 9–1606 OF THIS ARTICLE. 3
(2) (I) THE DEPARTMENT MAY ESTABLISH CRITERIA FOR 4
AWARDING LOANS UNDER THE FUND. 5
(II) ELIGIBLE APPLICANTS M AY INCLUDE DAM OWNER S THAT: 6
1. HAVE AN APPROVED EMER GENCY ACTION PLAN IN 7
ACCORDANCE WITH § 5–503.1 OF THIS SUBTITLE; 8
2. HAVE HAD AN INSPECTIO N OF THE PRIVATE DAM 9
PERFORMED BY THE DEPARTMENT THAT DOCUM ENTS DEFICIENCIES IN 10
ACCORDANCE WITH § 5–509 OF THIS SUBTITLE WIT HIN THE PAST 24 MONTHS; 11
3. CAN DEMONSTRATE , WITH DOCUMENTATION , 12
ACTIONS TAKEN TO ADD RESS DEFICIENCIES IN DICATED IN INSPECTIO N REPORTS 13
PREPARED BY THE DEPARTMENT ; AND 14
4. HAVE DEMONSTRATED AN ABILITY TO REPAY A L OAN. 15
(3) EACH LOAN MAY BE IN A N AMOUNT THAT COVERS THE 16
REASONABLE AND NECES SARY ELIGIBLE COSTS OF A PROJECT, AS DETERMINED BY 17
THE DEPARTMENT , FOR WHICH FUNDS ARE SOUGHT BY TH E APPLICANT AND THAT 18
ARE NOT PROVIDED BY OTHER AVAILABLE SOUR CES. 19
(4) A DAM OWNER MAY USE MU LTIPLE PROGRAMS OR S OURCES TO 20
FUND THE REPAIR OR R EMOVAL COSTS FOR A D AM IN AN UNSAFE COND ITION UP TO 21
100% OF THE COSTS. 22
(5) A DAM OWNER SEEKING A LOAN SHALL SUBMIT A COMPLETE LO AN 23
APPLICATION TO THE DEPARTMENT ON A FORM PROVIDED BY THE DEPARTMENT . 24
(6) THE REPAYMENT PERIOD FOR A LOAN MAY NOT E XCEED 20 25
YEARS. 26
(7) THE LOAN SHALL BE MAD E AT OR BELOW MARKET INTEREST 27
RATES. 28
(8) THE DEPARTMENT MAY CHARGE A LOAN ORIGINATION FEE THAT 29
MAY BE USED FOR THE REASONABLE COST OF A DMINISTERING THE LOA N PROGRAM. 30
28 SENATE BILL 250
(9) IF THE DEPARTMENT DETERMINES THAT A DAM OWNER DOE S 1
NOT HAVE THE FINANCI AL RESOURCES TO REPA Y A LOAN GRANTED UND ER THIS 2
SUBSECTION, THE DEPARTMENT MAY , AT THE DEPARTMENT ’S DISCRETION , 3
AUTHORIZE PARTIAL FO RGIVENESS OF THE LOA N. 4
(10) FULL REPAYMENT OF THE LOAN SHALL BE REQUIR ED ON SALE OR 5
TRANSFER OF THE PROP ERTY. 6
(11) (I) THE DEPARTMENT MAY ESTABL ISH REMEDIES FOR LOA N 7
RECIPIENTS WHO FAIL TO MEET REPAYM ENT OBLIGATIONS UNDE R THE LOAN 8
TERMS. 9
(II) IN ADDITION TO ANY OT HER ACTION AUTHORIZE D BY THIS 10
SUBTITLE, THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER 11
PRINCIPAL, INTEREST, LATE FEES AND PENALT IES, ATTORNEY’S FEES, AND COSTS 12
FROM ANY LOAN RECIPI ENT THAT DEFAULTS ON THE LOAN RECIPIENT ’S 13
OBLIGATIONS UNDER TH E LOAN AGREEMENT . 14
(III) 1. IN THE EVENT OF A DEF AULT ON A LOAN OBLIG ATION 15
ISSUED UNDER THIS SU BSECTION, THE DEPARTMENT MAY PLACE A LIEN AGAINST 16
THE PROPERTY THAT , SUBJECT TO THE TAX L IENS OF THE FEDERAL, STATE, AND 17
LOCAL GOVERNMENTS , SHALL HAVE THE SAME PRIORITY AND STATUS AS A LIEN OF 18
THE STATE FOR UNPAID TAXE S UNDER §§ 14–804 AND 14–805 OF THE 19
TAX – PROPERTY ARTICLE. 20
2. THE DEPARTMENT MAY EXERCI SE THE SAME RIGHTS 21
AND POWERS IN ENFORC ING THE LIEN AND COL LECTING FUNDS FOR TH E PAYMENT 22
OF AMOUNTS IN DEFAUL T UNDER THE LOAN OBL IGATION AS THE STATE MAY 23
EXERCISE IN COLLECTI NG UNPAID TAXES UNDE R TITLE 14, SUBTITLE 8 OF THE 24
TAX – PROPERTY ARTICLE. 25
(12) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT 26
THIS SUBSECTION . 27
(I) ON OR BEFORE NOVEMBER 1, 2026, AND EACH NOVEMBER 1 28
THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , SUBJECT 29
TO § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 30
(1) THE STATUS OF THE FUND; 31
(2) REVENUES, ENCUMBRANCES TO , AND EXPENDITURES FRO M THE 32
FUND; 33
SENATE BILL 250 29
(3) A DESCRIPTION OF THE P ROJECTS FUNDED BY TH E FUND; AND 1
(4) THE NUMBER OF APPLICA TIONS FOR FINANCIAL ASSISTANCE 2
FROM THE FUND THAT WERE DENIED . 3
5–514. 4
(a) (1) In addition to being subject to an injunctive action under this subtitle, 5
a person who violates any provision of this subtitle [relating to water appropriation and 6
use] or any [rule,] regulation, order, or permit adopted or issued under [any such provision] 7
THIS SUBTITLE is liable for a civil penalty not exceeding [$5,000] $10,000 per violation 8
to be collected in a civil action brought by the Department. 9
(2) Each day a violation occurs or continues is a separate violation under 10
this subsection. 11
(3) (i) Before bringing a civil action against a local government under 12
this subsection, the Department shall meet and consult with the local government to seek 13
an alternative resolution to the contested issue. 14
(ii) Prior consultation by the Department with the local government 15
shall constitute compliance with this subsection. 16
(b) A person who violates a provision of this subtitle or a regulation adopted under 17
this subtitle is subject to the penalties provided in § 9–343 of this article. 18
(c) (1) [All] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 19
SUBSECTION, ALL funds collected by the Department under this section, including any 20
civil penalty or any fine imposed by a court under the provisions of this section, shall be 21
paid into the Maryland Clean Water Fund. 22
(2) FUNDS COLLECTED BY TH E DEPARTMENT UNDER THIS SECTION 23
RELATING TO AN UNSAF E CONDITION, AS DEFINED IN § 5–509 OF THIS SUBTITLE , 24
SHALL BE PAID INTO T HE PRIVATE DAM REPAIR FUND. 25
6–843. 26
(a) (1) Except as provided in this subsection and subsection (b) of this section, 27
and in cooperation with the Department of Housing and Community Development, the 28
State Department of Assessments and Taxation, and other appropriate governmental 29
units, the Department shall provide for the collection of [an annual] A fee for every rental 30
dwelling unit in the State. 31
(2) [The annual fee for an affected property is $30] FOR AN AFFECTED 32
PROPERTY, THE FEE: 33
30 SENATE BILL 250
(I) IS $120; AND 1
(II) SHALL BE COLLECTED BY THE DEPARTMENT ONCE EVERY 2
2 YEARS. 3
(3) (i) 1. Subject to the provisions of subparagraphs (ii) and (iii) of 4
this paragraph, on or before December 31, 2000, the [annual] fee for a rental dwelling unit 5
built after 1949 that is not an affected property is $5. 6
2. After December 31, 2000, there is no [annual] fee for a 7
rental dwelling unit built after 1949 that is not an affected property. 8
(ii) The owner of a rental dwelling unit built after 1949 that is not 9
an affected property may not be required to pay the fee provided under this paragraph if 10
the owner certifies to the Department that the rental dwelling unit is lead free pursuant to 11
§ 6–804 of this subtitle. 12
(iii) An owner of a rental dwelling unit who submits a report to the 13
Department that the rental dwelling unit is lead free pursuant to § 6–804 of this subtitle 14
shall include a [$10] $50 processing fee with the report. 15
(b) The fees imposed under this section do not apply to any rental dwelling unit: 16
(1) Built after 1978; or 17
(2) Owned and operated by a unit of federal, State, or local government, or 18
any public, quasi–public, or municipal corporation. 19
(c) (1) The fee imposed under this section shall be paid on or before December 20
31, 1995, or the date of registration of the affected property under Part III of this subtitle 21
and on or before December 31 [of each] EVERY OTHER year thereafter or according to a 22
schedule established by the Department by regulation. 23
(2) THE DEPARTMENT MAY ESTABL ISH A PROTOCOL TO ST AGGER 24
REGISTRATIONS OF AFF ECTED PROPERTY UNDER PART III OF THIS SUBTITLE TO 25
EQUALLY DIVIDE REGIS TRATIONS OVER SEQUEN TIAL CALENDAR YEARS . 26
(d) An owner who fails to pay the fee imposed under this section is liable for a 27
civil penalty of up to triple the amount of each registration fee unpaid that, together with 28
all costs of collection, including reasonable attorney’s fees, shall be collected in a civil action 29
in any court of competent jurisdiction. 30
7–503. 31
(a) There is a Voluntary Cleanup Program in the Department. 32
SENATE BILL 250 31
(b) The purpose of the Voluntary Cleanup Program is to: 1
(1) Encourage the investigation of eligible properties with known or 2
perceived contamination; 3
(2) Protect public health and the environment where cleanup projects are 4
being performed or need to be performed; 5
(3) Accelerate cleanup of eligible properties; and 6
(4) Provide predictability and finality to the cleanup of eligible properties. 7
7–506. 8
(a) (1) To participate in the Program, an applicant shall: 9
(i) Submit an application, on a form provided by the Department, 10
that includes: 11
1. Information demonstrating to the satisfaction of the 12
Department that the contamination did not result from the applicant knowingly or willfully 13
violating any law or regulation concerning controlled hazardous substances; 14
2. Information demonstrating the person’s status as a 15
responsible person or an inculpable person; 16
3. Information demonstrating that the property is an eligible 17
property as defined in § 7–501 of this subtitle; 18
4. A detailed report with all available relevant information 19
on environmental conditions including contamination at the eligible property known to the 20
applicant at the time of the application; 21
5. An environmental site assessment that includes: 22
A. Established Phase I site assessment standards and follows 23
principles established by the American Society for Testing and Materials and that 24
demonstrates to the satisfaction of the Department that the assessment has been conducted 25
in accordance with those standards and principles; and 26
B. A Phase II site assessment unless the Department 27
concludes, after review of the Phase I site assessment, that there is sufficient information 28
to determine that there are no recognized environmental conditions, as defined by the 29
American Society for Testing and Materials; and 30
32 SENATE BILL 250
6. A description, in summary form, of a proposed voluntary 1
cleanup project that includes the proposed cleanup criteria under § 7–508 of this subtitle 2
and the proposed future use of the property, if appropriate; and 3
(ii) Subject to paragraph (2) of this subsection, pay to the 4
Department: 5
1. An initial application fee of [$6,000] $10,000 which the 6
Department may reduce on a demonstration of financial hardship in accordance with 7
subsection (b) of this section; 8
2. An application fee of $2,000 for each application submitted 9
subsequent to the initial application for the same property; [and] 10
3. An application fee of $2,000 for each application submitted 11
subsequent to the initial application for contiguous or adjacent properties that are part of 12
the same planned unit development or a similar development plan; AND 13
4. IF THE DIRECT COSTS O F REVIEW OF THE 14
APPLICATION AND ADMI NISTRATION AND OVERS IGHT OF THE RESPONSE ACTION 15
PLAN EXCEED THE APPL ICATION FEE, THE ADDITIONAL COSTS INCURRED BY THE 16
DEPARTMENT . 17
(2) If an applicant certifies that the applicant intends to use the eligible 18
property to generate clean or renewable energy, the Department shall waive the fees 19
required under paragraph (1)(ii) of this subsection. 20
(b) The Department shall adopt regulations to establish criteria for determining 21
whether an applicant has: 22
(1) Demonstrated financial hardship; or 23
(2) Certified that the applicant intends to use the eligible property to 24
generate clean or renewable energy. 25
9–283. 26
(a) Except as provided in subsection (c) of this section, by regulation, the 27
Department shall establish and collect a fee to be paid by a generator of coal combustion 28
by–products, based on a per ton rate of coal combustion by–products generated by the 29
generator annually. 30
(b) The Department shall base the fees on the following factors: 31
(1) The total annual tonnage of coal combustion by–products that the 32
generator generates; 33 SENATE BILL 250 33
(2) The type and volume of coal combustion by–products generated by the 1
generator; 2
(3) Whether the generator uses or disposes of the coal combustion 3
by–products; 4
(4) To the extent that the coal combustion by–products are used rather 5
than disposed of, the types of the uses; 6
(5) Whether the coal combustion by–products are transported for use or 7
disposal out–of–state; [and] 8
(6) THE VOLUME OF COAL CO MBUSTION BY–PRODUCTS THAT HAVE 9
BEEN DISPOSED OF AND REMAIN IN LANDFILLS OR OTHER STORAGE UNI TS IN THE 10
STATE THAT ARE SUBJEC T TO INSPECTION AND MONITORING , NOT INCLUDING COAL 11
COMBUSTION BY –PRODUCTS THAT HAVE B EEN: 12
(I) ADDED TO CEMENT PRODU CTS; 13
(II) USED IN COAL MINE RECLAMA TION; OR 14
(III) BENEFICIALLY REUSED I N A MANNER ACCEPTABL E TO THE 15
DEPARTMENT ; AND 16
(7) Other factors the Department considers appropriate. 17
(c) The Department may not establish or impose a fee on coal combustion 18
by–products that are: 19
(1) Beneficially used, as the Department determines; or 20
(2) Used for coal mine reclamation in accordance with regulations the 21
Department adopts or with regulations of the receiving state. 22
(d) Fees imposed on coal combustion by–products that are transported for use or 23
disposal out–of–state may not exceed 50% of the fees established for disposal in–State. 24
(e) The fees collected by the Department under this section shall be deposited into 25
the Fund and used in accordance with § 9–284 of this subtitle. 26
(f) The fees imposed shall be set at the rate necessary to implement the purposes 27
set forth in § 9–284 of this subtitle. 28
(g) In any fiscal year, if the fee schedule established by the Department generates 29
revenue that exceeds the amount necessary to operate a regulatory program to control the 30 34 SENATE BILL 250
management of coal combustion by–products, the Department shall reduce the fees in the 1
following fiscal year. 2
9–320. 3
(b) The following payments shall be made into the Maryland Clean Water Fund: 4
(1) All application fees, permit fees, renewal fees, and funds collected by 5
the Department under this subtitle, including any civil or administrative penalty or any 6
fine imposed by a court under the provisions of this subtitle; 7
(2) Any civil penalty or any fine imposed by a court under the provisions of 8
Title 5, Subtitle 5 of this article relating to water appropriation and use; 9
(3) Any civil or administrative penalty or any fine imposed by a court under 10
the provisions of Title 4, Subtitle 1 of this article; 11
(4) Any fees or funds that the Department collects under Subtitle 2, Part 12
III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 13
or fine imposed by a court under the provisions of Subtitle 2 of this title; [and] 14
(5) Any fees or funds that the Department collects under Subtitle 24 of this 15
title and any civil or administrative penalty or fine imposed by a court under the provisions 16
of Subtitle 24 of this title; AND 17
(6) ANY OTHER FEES LEGALL Y AUTHORIZED TO BE P AID INTO THE 18
MARYLAND CLEAN WATER FUND. 19
9–1606. 20
(a) (1) A loan made by the Administration shall be evidenced by a loan 21
agreement. 22
(2) Loans made from the Water Quality Fund, except for loans made in 23
accordance with § 9–1605(d)(9) of this subtitle, shall be subject to the provisions of § 24
9–1605(d)(1) of this subtitle. 25
(3) Loans made from the Drinking Water Loan Fund, except for loans made 26
in accordance with § 9–1605.1(d)(10) of this subtitle, shall be subject to the provisions of § 27
9–1605.1(d)(1) of this subtitle. 28
(4) LOANS MADE FROM THE PRIVATE DAM REPAIR FUND SHALL BE 29
SUBJECT TO THE PROVI SIONS OF § 5–509.2 OF THIS ARTICLE. 30
(5) Subject to the provisions of any applicable bond resolution, the 31
Administration may consent to the modification, with respect to rate of interest, time of 32 SENATE BILL 250 35
payment of any installment of principal or interest, security, or any other term of any loan 1
agreement or loan obligation. 2
(6) In connection with any security received by or owned by the 3
Administration, including any loan obligations, the Administration may commence any 4
action to protect or enforce the rights conferred upon it by any law or loan agreement or 5
loan obligation. 6
(b) Notwithstanding any other provision of public general or public local law, 7
charter, or ordinance, a borrower may issue and sell loan obligations to the Administration: 8
(1) At private sale, without public bidding; 9
(2) Without regard to any limitations on the denomination of such 10
obligations; and 11
(3) At any interest rate or cost or at any price that the borrower considers 12
necessary or desirable. 13
(c) A borrower may pay any fees or charges necessary to enable the 14
Administration to sell its bonds, including any fees for the insurance of its loan obligations 15
or bonds of the Administration, or to provide any other guarantee, credit enhancement, or 16
additional security for any such loan obligations or bonds. 17
(d) (1) Notwithstanding any other provision of public general or public local 18
law, charter, or ordinance, a borrower may agree with the Administration to pledge any 19
[moneys] MONEY that the borrower is entitled to receive from the State, including the 20
borrower’s share of the State income tax, to secure its obligations under a loan agreement. 21
(2) The State Comptroller and the State Treasurer shall cause any 22
[moneys] MONEY withheld under such a pledge to be paid to, or applied at the direction of, 23
the Administration. 24
(e) Each loan agreement shall contain a provision whereby the borrower 25
acknowledges and agrees that [the]: 26
(1) THE borrower’s loan obligation is cancelable only upon repayment in 27
full; and [that neither] 28
(2) NEITHER the Administration, the Secretary, nor the Board is 29
authorized to forgive the repayment of all or any portion of the loan, except for [loans]: 30
(I) LOANS to disadvantaged communities, pursuant to the federal 31
Safe Drinking Water Act[, and loans]; 32
36 SENATE BILL 250
(II) LOANS made in accordance wit h §§ 9–1605(d)(9) and 1
9–1605.1(d)(10) of this subtitle; AND 2
(III) LOANS MADE IN ACCORDA NCE WITH § 5–509.2(H) OF THIS 3
ARTICLE. 4
(f) (1) In the event of a default on a loan obligation by a borrower other than 5
a local government, the Administration may place a lien against property of the borrower 6
securing the loan which, subject to the tax liens of the federal, State, and local governments, 7
shall have the same priority and status as a lien of the State for unpaid taxes under §§ 8
14–804 and 14–805 of the Tax – Property Article. 9
(2) The Administration may exercise the same rights and powers in 10
enforcing such lien and collecting funds for the payment of amounts in default under the 11
loan obligation as the State may exercise in collecting unpaid taxes under Title 14, Subtitle 12
8 of the Tax – Property Article. 13
15–807. 14
(a) Except as otherwise provided in this subtitle, a person may not engage in 15
surface mining within the State without first obtaining a surface mining license. 16
(b) (1) An application for a license shall be in writing and on a form prepared 17
and furnished by the Department. 18
(2) If the application is made by a corporation, partnership, or association 19
[it] THE APPLICATION shall contain information concerning its officers, directors, and 20
principal owners, as the Department reasonably requires. 21
(c) (1) The application shall be accompanied by a [$300] $500 fee. 22
(2) (I) The license shall be renewable annually[, and the]. 23
(II) THE renewal fee is [$150] $300. 24
(III) The application for renewal shall be made annually by January 25
1. 26
(d) The Department may not issue any new surface mining license or renew any 27
existing surface mining license to any person if it finds, after investigation, that the 28
applicant has failed and continues to fail to comply with any of the provisions of this 29
subtitle. 30
(e) A license under this section is not required for the following activities: 31
SENATE BILL 250 37
(1) Those aspects of deep mining that do not have a significant effect on the 1
surface, if the affected land does not exceed 3 acres in area; 2
(2) Operations engaged in processing minerals; 3
(3) Excavation or grading conducted solely in aid of on–site farming or 4
on–site construction for purposes other than surface mining; 5
(4) Removal of overburden and mining of limited amounts of any mineral 6
when done only for the purpose of prospecting and to the extent necessary to determine the 7
location, quantity, or quality of any natural deposit, if no minerals are sold, processed for 8
sale, or consumed in the regular operation of business; 9
(5) The handling, processing, or storage of slag and stone on the premises 10
of a manufacturer as a part of any manufacturing process that requires stone as a raw 11
material or produces slag as a by–product; 12
(6) The extraction of minerals by a landowner for the landowner’s own 13
noncommercial use from land owned or leased by the landowner; 14
(7) Mining operations if the affected land does not exceed 1 acre in area; 15
(8) Dredging from submerged public or private lands in the State if this 16
activity is conducted under a license from the State Board of Public Works or by permit 17
from the Department, as provided for in Title 16 of this article; or 18
(9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits 19
for highway construction purposes or other public facilities, if the work is performed under 20
a bond, a contract, and the specifications of the Department that require reclamation of the 21
area affected in the manner provided by this subtitle. 22
(f) (1) Any person who violates the provisions of this section is guilty of a 23
misdemeanor and, on conviction, is subject to a fine of not more than $10,000. 24
(2) The fine shall be paid to the Surface Mined Land Reclamation Fund. 25
15–815. 26
(a) (1) Any permittee engaged in surface mining under a surface mining 27
permit may apply at any time for modification of the permit. 28
(2) The application shall be in writing on forms furnished by the 29
Department and fully state the information called for. [In addition, the] 30
(3) THE applicant may be required to furnish [other] ADDITIONAL 31
information THAT the Department reasonably deems necessary to enforce this subtitle. 32 38 SENATE BILL 250
[However, it is not necessary to resubmit information which has not changed since the 1
original application, if the applicant so states in writing] 2
(4) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 3
NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES N OT HAVE 4
TO RESUBMIT THAT INF ORMATION. 5
(b) (1) A modification under this section may affect [the]: 6
(I) THE land area covered by the permit[, the]; 7
(II) THE approved mining and reclamation plan coupled with the 8
permit[, or other]; OR 9
(III) OTHER terms and conditions of the permit. 10
(2) (I) A permit may be modified to include land contiguous to the 11
existing affected land, but not other lands. 12
(II) The mining and reclamation plan may be modified in any 13
manner, if the Department determines that the modified plan fully meets the standards 14
set forth in § 15–822 of this subtitle and that the modifications would be generally 15
consistent with the bases for the issuance of the original permit. 16
(III) Other terms and conditions may be modified only if the 17
Department determines that the permit as modified would meet the requirements of §§ 18
15–808 and 15–810 of this subtitle. [No] 19
(IV) A modification may NOT extend the expiration date of any 20
permit issued under this subtitle. 21
(c) Except as otherwise provided in subsection (d) of this section, a [$100] $200 22
fee shall be charged for a permit modification. 23
(d) (1) In addition to the fee required in subsection (c) of this section, a fee shall 24
be charged equal to [$12] $75 for each additional acre of affected land over and above the 25
amount of land covered in the original permit, for each year of operation. 26
(2) The additional fee may not exceed [$1,000 per year]: 27
(I) $10,000 IN FISCAL YEAR 2026; 28
(II) $10,500 IN FISCAL YEAR 2027; 29
(III) $11,000 IN FISCAL YEAR 2028; 30 SENATE BILL 250 39
(IV) $11,500 IN FISCAL YEAR 2029; AND 1
(V) $12,000 IN FISCAL YEAR 2030 AND EACH FISCAL YEAR 2
THEREAFTER . 3
(e) The Department shall approve and grant the permit modification requested 4
as expeditiously as possible but not later than 30 days after the application forms or any 5
supplemental information required are filed with the Department. 6
(f) The Department may deny the permit modification on finding: 7
(1) An uncorrected violation of the type listed in § 15–810(b)(7) of this 8
subtitle; 9
(2) Failure to submit an adequate mining and reclamation plan in light of 10
conditions existing at the time of the modification; or 11
(3) Failure or refusal to pay the modification fee. 12
(g) If the Department denies an application to modify a permit, the Department 13
shall give the permittee written notice of: 14
(1) The Department’s determination; 15
(2) Any changes in the application which would make it acceptable; and 16
(3) The permittee’s right to a hearing at a stated time and place. 17
(h) The date for the hearing may not be less than 15 days nor more than 30 days 18
after the date of the notice unless the Department and the permittee mutually agree on 19
another date. 20
15–816. 21
(a) (1) The procedure to be followed and standards to be applied in renewing a 22
permit shall be the same as those for the initial application for a permit[, except that it is 23
not necessary to resubmit information which has not changed since the time of the original 24
application, if the applicant so states in writing. However, the applicant may be required]. 25
(2) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 26
NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES N OT HAVE 27
TO RESUBMIT THAT INF ORMATION. 28
(3) THE DEPARTMENT MAY REQUIR E AN APPLICANT to furnish other 29
information the Department deems necessary to evaluate the renewal request. 30 40 SENATE BILL 250
(4) In the absence of any changes in legal requirements for the issuance of 1
a permit since the date on which the original permit was issued, the only basis for the denial 2
of a renewal permit shall be: 3
[(1)] (I) An uncorrected violation of the type listed in § 15–810(b)(7) of 4
this subtitle; 5
[(2)] (II) Failure to submit an adequate mining and reclamation plan in 6
light of conditions existing at the time of renewal; or 7
[(3)] (III) Failure or refusal to pay the renewal fee. 8
(b) Application for a renewal of a permit cannot be made any earlier than 1 year 9
prior to the expiration date of the original permit. 10
(c) Except as otherwise provided in subsection (d) of this section, the fee to be 11
charged for a permit renewal shall be [$12 for each acre of affected land for each year of 12
operation, but not exceeding $1,000 per year]: 13
(1) FOR AN OPERATOR WITH 5 ACRES OR LESS OF AFF ECTED LAND, 14
$120 FOR EACH YEAR OF OPE RATION; OR 15
(2) FOR AN OPERATOR WITH MORE THAN 5 ACRES OF AFFECTED 16
LAND, $75 FOR EACH ACRE OF AFF ECTED LAND FOR EACH YEAR OF OPERATION BU T 17
NOT EXCEEDING : 18
(I) $10,000 IN FISCAL YEAR 2026; 19
(II) $10,500 IN FISCAL YEAR 2027; 20
(III) $11,000 IN FISCAL YEAR 2028; 21
(IV) $11,500 IN FISCAL YEAR 2029; AND 22
(V) $12,000 IN FISCAL YEAR 2030 AND EACH FISCAL YEAR 23
THEREAFTER . 24
(d) The fee shall be paid annually during the term of the permit. 25
(e) (1) If the term of a permit which is renewed exceeds 5 years, the permittee 26
shall pay additional fees, based on the formula in subsection (c) of this section, for each 27
5–year portion of the term of the renewed permit. 28
SENATE BILL 250 41
(2) These additional fees shall be paid to the Department within 1 year 1
before the completion of any 5–year portion of the term of the permit. 2
(f) If the Department denies an application to renew a permit, the Department 3
shall give the permittee written notice of: 4
(1) The Department’s determination; 5
(2) Any changes in the application that would make it acceptable; and 6
(3) The permittee’s right to a hearing at a stated time and place. 7
(g) The date for the hearing may not be less than 15 days nor more than 30 days 8
after the date of the notice unless the Department and the permittee mutually agree on 9
another date. 10
Article – State Finance and Procurement 11
6–226. 12
(a) (1) Except as otherwise specifically provided by law or by regulation of the 13
Treasurer, the Treasurer shall credit to the General Fund any interest on or other income 14
from State money that the Treasurer invests. 15
(2) (i) 1. This subparagraph does not apply in fiscal years 2024 16
through 2028. 17
2. Notwithstanding any other provision of law, and unless 18
inconsistent with a federal law, grant agreement, or other federal requirement or with the 19
terms of a gift or settlement agreement, net interest on all State money allocated by the 20
State Treasurer under this section to special funds or accounts, and otherwise entitled to 21
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 22
Fund of the State. 23
(ii) The provisions of subparagraph (i) of this paragraph do not apply 24
to the following funds: 25
204. the Victims of Domestic Violence Program Grant Fund; 26
[and] 27
205. the Proposed Programs Collaborative Grant Fund; AND 28
206. THE PRIVATE DAM REPAIR FUND. 29
SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 4 –411(e) through 30
(g) of Article – Environment of the Annotated Code of Maryland be renumbered to be 31
Section(s) 4–411(d) through (f), respectively. 32 42 SENATE BILL 250
SECTION 4. AND BE IT FURTHER ENACTED, That this Act may not be construed 1
to expand the definition or scope of what is considered a dam under State law and 2
regulation. 3
SECTION 5. AND BE IT FURTHER ENACTED, That Sections 2, 3, and 4 of this 4
Act shall take effect July 1, 2025. 5
SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section 6
5 of this Act, this Act shall take effect June 1, 2025. 7