EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: February 28, 2025
CHAPTER ______
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 mitigating and reducing air pollution in the State; 4
specifying that money deposited into the Maryland Clean Air Fund may not revert 5
to the General Fund of the State; altering the maximum amount of a certain air 6
quality control permit fee; authorizing the Department of the Environment to charge 7
a fee for 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 altering the 12
recipients of a certain reporting requirement; requiring a holder of a license to 13
transfer oil into the State to pay a certain fee when oil owned by the licensee is first 14
transferred into the State; altering the basis for calculating a certain fee credited to 15
the Maryland Oil Disaster Containment, Clean –Up and Contingency Fund; 16
repealing the requirement that an applicant for a license to transfer oil into the State 17
provide certain information to the Department as a condition precedent to the 18
issuance or renewal of the license; altering certain application fees under the 19
wetlands and waterways program and requiring the Department to issue a public 20
notice of certain adjusted fees in a certain manner; establishing the Private Dam 21
Repair Fund as a special, nonlapsing fund to provide financial assistance for the 22
repair, upgrade, or removal of private dams; authorizing the Department to provide 23 2 SENATE BILL 250
loans from the Private Dam Repair Fund to certain dam owners for certain purposes; 1
requiring the Maryland Water Infrastructure Financing Administration to 2
administer loans from the Private Dam Repair Fund in a certain manner; requiring 3
interest earnings of the Private Dam Repair Fund to be credited to the Fund; 4
requiring certain dam owners to register with the Department; requiring the 5
Department to establish and collect certain registration fees, subject to a certain 6
waiver, and permit fees and deposit the fees into the Private Dam Repair Fund; 7
altering certain penalties and requiring penalties for certain dam safety violations 8
to be deposited into the Private Dam Repair Fund; altering certain dam safety 9
requirements; altering the fee required to be paid to the Department for certain 10
affected property under certain provisions of law requiring the reduction of lead risk 11
in housing; altering the processing fee required to be submitted to the Department 12
with a report that a rental dwelling unit is lead free; authorizing the Department to 13
establish a protocol to stagger registrations of affected property for certain purposes; 14
altering the fee for the initial application to the Voluntary Cleanup Program; 15
requiring an applicant to or a participant of the Voluntary Cleanup Program to pay 16
to the Department certain additional costs under certain circumstances; altering the 17
factors that the Department is required to consider in establishing a certain fee to 18
be paid by a certain generator of coal combustion by–products; altering certain 19
surface mining license and permit fees; and generally relating to fees and penalties 20
assessed, funding provided, and regulation by the Department of the Environment. 21
BY repealing and reenacting, with amendments, 22
Article – Environment 23
Section 1–301, 2–107, 2–403, 4–104, 4–411(a), (b), (c)(2), (3), and (7), and (h), 5–203.1, 24
and 5–514 5–509, 5–514, 6–843, and 7–506(a) 25
Annotated Code of Maryland 26
(2013 Replacement Volume and 2024 Supplement) 27
BY repealing and reenacting, without amendments, 28
Article – Environment 29
Section 4–411(d) 30
Annotated Code of Maryland 31
(2013 Replacement Volume and 2024 Supplement) 32
BY adding to 33
Article – Environment 34
Section 5–203.2, 5–509.1, and 5–509.2 35
Annotated Code of Maryland 36
(2013 Replacement Volume and 2024 Supplement) 37
BY repealing and reenacting, without amendments, 38
Article – Environment 39
Section 7–503 and 7–506(b) 40
Annotated Code of Maryland 41
(2013 Replacement Volume and 2024 Supplement) 42
SENATE BILL 250 3
BY repealing and reenacting, with amendments, 1
Article – Environment 2
Section 9–283, 9–320(b), and 9–1606, 15–807, 15–815, and 15–816 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2024 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(1) and (2)(i) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)204. and 205. 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(ii)206. 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2024 Supplement) 20
BY renumbering 21
Article – Environment 22
Section 4–411(e) through (g) 23
to be Section 4–411(d) through (f), respectively 24
Annotated Code of Maryland 25
(2013 Replacement Volume and 2024 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
Article – Environment 29
2–107. 30
(a) There is a Maryland Clean Air Fund. 31
(b) Except as provided in § 2–1002(g) of this title, all application fees, permit fees, 32
renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of 33
this article, or received from the Maryland Strategic Energy Investment Fund under § 34
9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative 35
penalty or any fine imposed by a court under these provisions, shall be paid into the 36
Maryland Clean Air Fund. 37
4 SENATE BILL 250
(c) (1) Subject to the appropriation process in the annual operating budget, 1
the Department shall use the Maryland Clean Air Fund for: 2
(i) Activities conducted under this title that are related to 3
identifying, MITIGATING, monitoring, REDUCING, and regulating air pollution in [this] 4
THE State, including program development of these activities as provided in the State 5
budget; and 6
(ii) Providing grants to local governments to supplement funding for 7
programs conducted by local governments that are consistent with this title and the State 8
program. 9
(2) Subject to Title 10, Subtitle 1 of the State Government Article 10
(Administrative Procedure Act – Regulations), the Department shall adopt rules and 11
regulations for the management and use of the money in the Fund. 12
(3) At the end of the fiscal year, the Department shall: 13
(i) Prepare an annual report on: 14
1. The Maryland Clean Air Fund that includes an accounting 15
of all financial receipts and expenditures to and from the Fund; and 16
2. Any relevant information regarding the federal approval 17
process, the effectiveness of the permitting program, and any other issues related to the 18
operation of the permitting program established under § 2–401 of this title; 19
(ii) Provide a copy of the report to the General Assembly, as provided 20
under § 2–1257 of the State Government Article; and 21
(iii) Upon request, make the report available to permit holders under 22
this title. 23
(4) [When the Fund equals or exceeds a maximum limit of $2,000,000, 24
additional money received for the Fund by the Department shall be deposited to the 25
General Fund] MONEY DEPOSITED INTO THE FUND IS NOT SUBJECT T O § 7–302 OF 26
THE STATE FINANCE AND PROCUREMENT ARTICLE AND MAY NOT R EVERT TO THE 27
GENERAL FUND OF THE STATE. 28
2–403. 29
(a) (1) The Department, by regulation, shall require and collect a fee for each 30
permit issued under § 2–401 of this subtitle. 31
(2) In adopting the regulations under this section, the Department shall 32
consult with industry to determine that the permit fee is reasonable and directly related to 33 SENATE BILL 250 5
the actual cost of the permitting and regulatory activity, and does not exceed a certain 1
dollar amount. 2
(b) (1) The amount of the fees shall cover: 3
(i) The reasonable cost of reviewing and acting on the application 4
for the permits; 5
(ii) The reasonable costs incurred in implementing and enforcing the 6
terms and conditions of the permits, exclusive of any court costs or other costs associated 7
with any enforcement actions; and 8
(iii) The costs identified in § 502(b)(3) of the Clean Air Act 9
Amendments of 1990. 10
(2) Fees assessed and collected under this section shall be used exclusively 11
for the development and administration of the permit program under this subtitle. 12
(c) (1) The fee established under this section may not exceed[: 13
(i) $50] $200 per ton of regulated emissions[; and 14
(ii) $500,000 for any single source in calendar years 2008 and 2009]. 15
(2) For purposes of calculating fees under this section, carbon dioxide 16
emissions shall be excluded. 17
(3) The fee established under this section may be adjusted to reflect 18
changes in the Consumer Price Index[, as authorized by 40 C.F.R. Part 70 (Operating 19
Permit Program)]. 20
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 21
as follows: 22
Article – Environment 23
1–301. 24
(a) The Secretary shall carry out and enforce the provisions of this article and the 25
rules and regulations adopted under this article. 26
(b) The Secretary may delegate duties, powers, and functions as provided in this 27
article to a health officer for a county or to another county official authorized to administer 28
and enforce environmental laws. 29
(c) In those counties where a county official other than the health officer is 30
authorized to administer and enforce State environmental laws under this section, the 31 6 SENATE BILL 250
county shall establish minimum qualifications for that county official that include 1
standards of education and experience related to environmental issues. 2
(D) (1) THE IF THE DEPARTMENT PROCESSES AND ISSUES ON –SITE 3
SEWAGE DISPOSAL PERM ITS OR INDIVIDUAL WE LL CONSTRUCTION P ERMITS, THE 4
DEPARTMENT MAY CHARGE A FEE FOR PROCESSING AND ISSUING ON–SITE SEWAGE 5
DISPOSAL PERMITS AND INDIVIDUAL WELL CONS TRUCTION THE PERMITS IN A 6
COUNTY IF: 7
(I) 1. THE DEPARTMENT WITHDRAWS THE AUTHORITY 8
DELEGATED UNDER THIS SECTION TO PROCESS A ND ISSUE ON–SITE SEWAGE 9
DISPOSAL PERMITS OR INDIVIDUAL WELL CONS TRUCTION PERMITS FRO M A HEALTH 10
OFFICER FOR THE COUN TY OR ANOTHER COUNTY OFFICIAL AUTHORIZED TO 11
ADMINISTER AND ENFOR CE ENVIRONMENTAL LAW S; OR 12
2. THE HEALTH OFFICER OR COUNTY OFFICIAL 13
RETURNS THE DELEGATED AUTHOR ITY TO THE DEPARTMENT ; AND 14
(II) A A LICENSED ENVIRONMENT AL HEALTH SPECIALIST 15
REVIEWS AND APPROVES THE PERMITS. 16
(2) (I) THE FEES: 17
1. SHALL BE ESTABLISHED BY THE DEPARTMENT IN 18
REGULATION ; AND 19
2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 20
PARAGRAPH , MAY NOT EXCEED $575. 21
(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 22
SUBPARAGRAPH , THE DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER 23
SUBPARAGRAPH (I) OF THIS PARAGRAPH IN ACCORDANCE WITH THE PERCENTAGE 24
INCREASE IN TH E CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 25
WASHINGTON METROPOLITAN AREA DURING THE PREVI OUS YEAR. 26
2. THE DEPARTMENT MAY NOT AN NUALLY INCREASE 27
THE FEES UNDER THIS SUBSECTION BY MORE T HAN 3%. 28
(3) THE FEES COLLECTED BY THE DEPARTMENT UNDER THIS 29
SUBSECTION SHALL BE DEPOSITED INTO THE MARYLAND CLEAN WATER FUND IN § 30
9–320 OF THIS ARTICLE. 31
[(d)] (E) (1) (i) On or before October 1 of each year, the Secretary, in 32
consultation with the Attorney General, shall submit to the Legislative Policy Committee, 33 SENATE BILL 250 7
THE SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT , THE 1
SENATE BUDGET AND TAXATION COMMITTEE, THE HOUSE ENVIRONMENT AND 2
TRANSPORTATION COMMITTEE, AND THE HOUSE APPROPRIATIONS COMMITTEE, in 3
accordance with § 2–1257 of the State Government Article, a report on enforcement 4
activities conducted by the Department during the previous fiscal year. 5
(ii) The report shall: 6
1. Include the information required under this subsection 7
and any additional information concerning environmental enforcement that the Secretary 8
decides to provide; 9
2. Be available to the public as soon as it is forwarded to the 10
Legislative Policy Committee; 11
3. Include information on the total number of permits and 12
licenses issued by or filed with the Department at any time and still in effect as of the last 13
date of the fiscal year immediately preceding the date on which the report is filed; 14
4. Include information concerning specific enforcement 15
actions taken with respect to the permits and licenses during the immediately preceding 16
fiscal year; and 17
5. Include information on the type and number of contacts or 18
consultations with businesses concerning compliance with State environmental laws. 19
(iii) The information required in the report under paragraph (3) of 20
this subsection shall be organized according to each program specified. 21
(2) The report shall state the total amount of money as a result of 22
enforcement actions, as of the end of the immediately preceding fiscal year: 23
(i) Deposited in the Maryland Clean Air Fund; 24
(ii) Deposited in the Maryland Oil Disaster Containment, Clean–Up 25
and Contingency Fund; 26
(iii) Deposited in the Nontidal Wetland Compensation Fund; 27
(iv) Deposited in the Maryland Hazardous Substance Control Fund; 28
(v) Recovered by the Department from responsible parties in 29
accordance with § 7–221 of this article; and 30
(vi) Deposited in the Maryland Clean Water Fund. 31
8 SENATE BILL 250
(3) (i) The report shall include the information specified in 1
subparagraphs (ii), (iii), (iv), and (v) of this paragraph for each of the following programs in 2
the Department: 3
1. Ambient air quality control under Title 2, Subtitle 4 of this 4
article; 5
2. Oil pollution under Title 4, Subtitle 4 of this article; 6
3. Nontidal wetlands under Title 5, Subtitle 9 of this article; 7
4. Asbestos under Title 6, Subtitle 4 of this article; 8
5. Lead paint under Title 6, Subtitle 8 of this article; 9
6. Controlled hazardous substances under Title 7, Subtitle 2 10
of this article; 11
7. Water supply, sewerage systems, and refuse disposal 12
systems under Title 9, Subtitle 2 of this article; 13
8. Water discharges under Title 9, Subtitle 3 of this article; 14
9. Drinking water under Title 9, Subtitle 4 of this article; and 15
10. Wetlands under Title 16, Subtitle 2 of this article. 16
(ii) For each of the programs set forth in subparagraph (i) of this 17
paragraph, the Department shall provide the total number or amount of: 18
1. Final permits or licenses issued to a person or facility, as 19
appropriate, and not surrendered, suspended, or revoked; 20
2. Inspections, audits, or spot checks performed at facilities 21
permitted; 22
3. Injunctions obtained; 23
4. Show cause, remedial, and corrective action orders issued; 24
5. Stop work orders; 25
6. Administrative or civil penalties obtained; 26
7. Criminal actions charged, convictions obtained, 27
imprisonment time ordered, and criminal fines received; and 28
SENATE BILL 250 9
8. Any other actions taken by the Department to enforce the 1
requirements of the applicable environmental program, including: 2
A. Notices of the removal or encapsulation of asbestos under 3
§ 6–414.1 of this article; and 4
B. Actions enforcing user charges against industrial users 5
under § 9–341 of this article. 6
(iii) In addition to the information required in subparagraph (ii) of 7
this paragraph, for the Lead Paint Program under Title 6, Subtitle 8 of this article, the 8
report shall include the total number or amount of: 9
1. Affected properties registered; and 10
2. Inspectors or other persons accredited by the Department, 11
for whom accreditation has not been surrendered, suspended, or revoked. 12
(iv) In addition to the information required in subparagraph (ii) of 13
this paragraph, for the Controlled Hazardous Substances Program under Title 7, Subtitle 14
2 of this article, the report shall include the following lists, updated to reflect the most 15
recent information available for the immediately preceding fiscal year: 16
1. Possible controlled hazardous substance sites compiled in 17
accordance with § 7–223(a) of this article; 18
2. Proposed sites listed in accordance with § 7–223(c) of this 19
article at which the Department intends to conduct preliminary site assessments; and 20
3. Hazardous waste sites in the disposal site registry 21
compiled in accordance with § 7–223(f) of this article. 22
(v) In addition to the information required in subparagraph (ii) of 23
this paragraph, for the Drinking Water Program, the report shall include the total number 24
of: 25
1. Actions to prevent public water system contamination or 26
to respond to a Safe Drinking Water Act emergency under §§ 9–405 and 9–406 of this 27
article; and 28
2. Notices given to the public by public water systems under 29
§ 9–410 of this article. 30
4–104. 31
10 SENATE BILL 250
(a) In this section, “responsible personnel” means any foreman, superintendent, 1
or project engineer who is in charge of on–site clearing and grading operations or sediment 2
control associated with a construction project. 3
(b) (1) After July 1, 1983, any applicant for sediment and erosion control plan 4
approval shall certify to the appropriate jurisdiction that any responsible personnel 5
involved in the construction project will have a certificate of attendance at a Department 6
[of the Environment] approved training program for the control of sediment and erosion 7
before beginning the project. 8
(2) A certificate shall be [valid]: 9
(I) VALID for a 3–year period[. A certificate shall be automatically]; 10
AND 11
(II) AUTOMATICALLY renewed unless the Department [of the 12
Environment] notifies the certificate holder that additional training is required. 13
(c) The appropriate governmental entity authorized to approve grading and 14
sediment control plans may waive the requirement of this section for the responsible 15
personnel on any project involving four or fewer residential units. 16
(d) Any person may develop and conduct a training program if the program 17
content and instructor are approved by and meet the requirements set by the Department 18
[of the Environment]. 19
(E) (1) THE DEPARTMENT MAY ESTABLISH BY REGULAT ION A FEE FOR 20
PROCESSING AND ISSUI NG THE CERTIFICATION . 21
(2) A FEE ESTABLISHED UNDE R THIS SUBSECTION SH ALL BE SET AT 22
A RATE THAT PRODUCES FUNDS APPROXIMATELY THE SAME AS THE COST OF 23
PROCESSING AND ISSUI NG THE CERTIFICATION . 24
(3) THE DEPARTMENT SHALL DEPO SIT ANY FEE COLLECTE D UNDER 25
THIS SUBSECTION INTO THE MARYLAND CLEAN WATER FUND IN § 9–320 OF THIS 26
ARTICLE. 27
4–411. 28
(a) (1) In this section the following words have the meanings indicated. 29
(2) “Barrel” means any measure of petroleum products or its by–products 30
which consists of 42.0 U.S. gallons of liquid measure. 31
(3) “Fund” means the Maryland Oil Disaster Containment, Clean–Up and 32
Contingency Fund. 33 SENATE BILL 250 11
(4) “Transfer” means the offloading or onloading of oil [in] INTO the State 1
from or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means 2
used for transporting oil. 3
(b) A person other than a vessel or barge may not transfer oil [in] INTO the State 4
without a license. 5
(c) (2) The fee on any barrel TRANSFERRED INTO THE STATE UNDER A 6
LICENSE shall be [imposed]: 7
(I) PAID BY THE LICENSEE THAT OWNS THE OIL WH EN THE OIL 8
IS FIRST TRANSFERRED INTO THE STATE; AND 9
(II) IMPOSED only once, at the point of first transfer [in] INTO the 10
State. 11
(3) The [license] fee UNDER PARAGRAPH (2) OF THIS SUBSECTION shall 12
be[: 13
(i) Credited] CREDITED to the Maryland Oil Disaster Containment, 14
Clean–Up and Contingency Fund and based on: 15
[1.] (I) Before July 1, [2024] 2030, a [7.75] 9 cents per 16
barrel fee for oil transferred [in] INTO the State; and 17
[2.] (II) On or after July 1, [2024] 2030, a 5 cents per barrel 18
fee for oil transferred [in] INTO the State[; and 19
(ii) Until July 1, 2024, based on an additional 0.25 cent per barrel 20
fee for oil transferred in the State and credited to the Oil Contaminated Site Environmental 21
Cleanup Fund as described in Subtitle 7 of this title]. 22
(7) The Department shall [promulgate rules and] ADOPT regulations, 23
establish audit procedures for the audit of licensees, and prescribe and publish forms as 24
may be necessary to effectuate the purposes of this section. 25
[(d) As a condition precedent to the issuance or renewal of a license, the 26
Department shall require satisfactory evidence that the applicant has implemented or is in 27
the process of implementing State and federal plans and regulations to control pollution 28
related to oil, petroleum products, and their by–products and the abatement thereof when 29
a discharge occurs.] 30
[(h)] (G) (1) The Department shall provide the standing committees of the 31
Maryland General Assembly with primary jurisdiction over this section with a status report 32 12 SENATE BILL 250
on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State 1
Government Article. 2
(2) The report shall include an accounting of all money expended for each 3
of the purposes specified in subsection [(g)] (F) of this section. 4
5–203.1. 5
(a) (1) In this section the following words have the meanings indicated. 6
(2) (i) “Commercial activity” means a project or activity undertaken for 7
consideration, regardless of whether a profit is made. 8
(ii) “Commercial activity” includes: 9
1. A subdivision; 10
2. A development; and 11
3. Constructing or operating a marina. 12
(3) “Commercial building” means a building that is used primarily for 13
commercial activity. 14
(4) “Development” means a project for the construction of: 15
(i) Two or more residential dwelling units; 16
(ii) A commercial structure; or 17
(iii) An industrial structure. 18
(5) “Dwelling unit” means a property that contains: 19
(i) One or more rooms used as a residence; 20
(ii) Kitchen facilities; and 21
(iii) Bathroom facilities. 22
(6) “Major project” means a project that: 23
(i) Proposes to permanently impact 5,000 square feet or more of 24
wetlands or waterways, including the 100–year floodplain; 25
SENATE BILL 250 13
(ii) Is located in an area identified as potentially impacting a 1
nontidal wetland of special State concern by a geographical information system database 2
that: 3
1. Has been developed and maintained by the Department of 4
Natural Resources; and 5
2. Is used by the Department to screen incoming 6
applications; or 7
(iii) Requires the issuance of a public notice by the Department. 8
(7) “Marina” means a facility for the mooring, docking, or storing of more 9
than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or 10
community facility. 11
(8) “Minor project” means a project that: 12
(i) Proposes to permanently impact less than 5,000 square feet of 13
wetlands or waterways, including the 100–year floodplain; and 14
(ii) Does not meet the definition of a major project. 15
(9) “Residential activity” means a noncommercial activity that is conducted 16
on residential property. 17
(10) (i) “Residential property” means improved property that is used 18
primarily as a residence or unimproved property that is zoned for use as a residence. 19
(ii) “Residential property” includes: 20
1. Property owned by a homeowners’ association; and 21
2. A condominium. 22
(iii) “Residential property” does not include: 23
1. A commercial building; 24
2. A marina; or 25
3. A residential apartment complex or building. 26
(11) (i) “Subdivision” means the division of a lot, tract, or parcel of land 27
into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or 28
future purpose of selling or development. 29
14 SENATE BILL 250
(ii) “Subdivision” includes resubdivision. 1
(12) “TIER II HIGH QUALITY WATERSHED” MEANS THE LAND AND 2
WATER AREA WHICH DRA INS TOWARD OR INT O A TIER II HIGH QUALITY WATER AS 3
DESIGNATED AND IDENT IFIED IN A GEOGRAPHI C INFORMATION SYSTEM BY THE 4
DEPARTMENT . 5
(b) (1) Except as provided under paragraphs (2), (3), [and] (6), AND (7) of this 6
subsection, all applications for wetlands and waterways authorizations issued by the 7
Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of 8
this article or wetlands licenses issued by the Board of Public Works under § 16–202 of this 9
article shall be accompanied by an application fee as follows: 10
(i) For an application for a minor project or general permit.....[$750] 11
$980; 12
(ii) For an application for a minor modification………...[$250] $330; 13
(iii) For an application for a major project with a proposed permanent 14
impact of: 15
1. Less than 1/4 acre…………………………. [$1,500] $1,950; 16
2. At least 1/4 acre, but less than 1/2 acre....[$3,000] $3,890; 17
3. At least 1/2 acre, but less than 3/4 acre…...[$4,500] 18
$5,830; 19
4. At least 3/4 acre, but less than 1 acre…...[$6,000] $7,780; 20
and 21
5. 1 acre or more.....the impact area in acres multiplied by 22
[$7,500] $9,720; and 23
(iv) For an application for a major modification…….[$1,500] $1,950. 24
(2) The following are exempt from the application fees established under 25
paragraph (1) of this subsection: 26
(i) Regulated activities conducted by the State, a municipal 27
corporation, county, bicounty or multicounty agency under Division II of the Land Use 28
Article or Division II of the Public Utilities Article, or a unit of the State, a municipal 29
corporation, or a county; 30
SENATE BILL 250 15
(ii) Performance of agricultural best management practices 1
contained in a soil conservation and water quality plan approved by the appropriate soil 2
conservation district; 3
(iii) Performance of forestry best management practices contained in 4
an erosion and sediment control plan: 5
1. Prepared by a registered forester; and 6
2. Approved by the appropriate soil conservation district; 7
(iv) Stream restoration, vegetative shoreline stabilization, wetland 8
creation, or other project in which the primary effect is to enhance the State’s wetland or 9
water resources; and 10
(v) Aquacultural activities for which the Department of Natural 11
Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article. 12
(3) Except as provided in paragraph (4) of this subsection, the following 13
shall be minor projects and subject to the appropriate application fee under [paragraph] 14
PARAGRAPH S (1)(i) and (ii) AND (7)(I) of this subsection: 15
(i) A residential activity issued a permit under §§ 5–503 and 5–906 16
of this title and §§ 16–202, 16–302, and 16–307 of this article; and 17
(ii) A mining activity undertaken on affected land as identified in a 18
permit issued under Title 15 of this article. 19
(4) Subject to [paragraph] PARAGRAPHS (5) AND (7) of this subsection, 20
an application for the following minor projects shall be accompanied by the following 21
application fees: 22
(i) Installation of: 23
1. One boat lift or hoist, not exceeding four boat lifts or hoists 24
per pier; 25
2. One personal watercraft lift or hoist, not exceeding six 26
personal watercraft lifts or hoists per pier; or 27
3. A combination of boat lifts or hoists and personal 28
watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than 29
four lifts or hoists are boat lifts or hoists………………………………………….. ..[$300] $385; 30
(ii) Installation of a maximum of six mooring pilings…..[$300] $390; 31
16 SENATE BILL 250
(iii) In–kind repair and replacement of structures……...[$300] $390; 1
(iv) Installation of a fixed or floating platform on an existing pier 2
where the total platform area does not exceed 200 square feet…………………. [$300] $390; 3
(v) Construction of a nonhabitable structure that permanently 4
impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence..[$300] 5
$390; 6
(vi) Replacement of an existing bulkhead where the replacement 7
bulkhead does not exceed more than 18 inches c hannelward of the existing 8
structure……………………………………………………………………………. [$500] $650; and 9
(vii) In–kind repair and replacement of existing 10
infrastructure………………………………………………………………………… ...[$500] $650. 11
(5) The Department may not require an application fee for: 12
(i) The installation of a boat lift, hoist, or personal watercraft lift on 13
existing pilings; or 14
(ii) If the existing structure is functional and there is no increase in 15
the original length, width, height, or channelward encroachment authorized under § 16
16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or 17
replacement of: 18
1. A highway structure; 19
2. A pier; 20
3. A boathouse; 21
4. A structure on a pier; 22
5. A bulkhead; 23
6. A revetment; 24
7. A tidal impoundment dike; 25
8. A water control structure; 26
9. An aboveground transmission facility; 27
10. An agricultural drainage ditch; or 28
SENATE BILL 250 17
11. A highway drainage ditch. 1
(6) The application fee for a structural shoreline stabilization project 2
located on or adjacent to a State–owned lake may not exceed [$250] $290. 3
(7) [The fees imposed under this subsection may not be modified without 4
legislative enactment. 5
(8) (i) Subject to paragraph (7) of this subsection, the] EXCEPT AS 6
PROVIDED IN PARAGRAP HS (2) AND (5) OF THIS SUBSECTION , ALL APPLICATIONS 7
FOR WETLANDS AND WAT ERWAYS AUTHORIZATION S ISSUED BY THE DEPARTMENT 8
FOR ACTIVITIES PROPO SED IN A TIER II HIGH QUALITY WATERSHED SHALL BE 9
ACCOMPANIED BY AN AD DITIONAL APPLICATION FEE, AS FOLLOWS: 10
(I) FOR AN APPLICATION FO R A MINOR PROJECT OR MINOR 11
MODIFICATION …………………………………………………………………… ..$400; AND 12
(II) FOR AN APPLICATION FO R A MAJOR PROJECT OR MAJOR 13
MODIFICATION ………………………………………………………………………. ..$1,600. 14
(8) (I) THE Department may adjust the fees established under 15
paragraphs (1), (4), and (6) of this subsection to reflect changes in the consumer price index 16
for all “urban consumers” for the expenditure category “all items not seasonally adjusted”, 17
and for all regions. 18
(ii) The Annual Consumer Price Index for the period ending each 19
December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, 20
shall be used to adjust the fees established under paragraphs (1), (4), [and] (6), AND (7) of 21
this subsection. 22
(9) THE DEPARTMENT SHALL ISSU E A PUBLIC NOTICE OF THE 23
ADJUSTED FEES AT LEA ST 90 DAYS BEFORE THE NEW FEE RATES TAKE EFFEC T. 24
(c) (1) There is a Wetlands and Waterways Program Fund. 25
(2) The Department shall administer the Fund. 26
(3) The Treasurer shall hold the Fund separately and the Comptroller shall 27
account for the Fund. 28
(4) The Fund consists of all: 29
(i) Application fees collected by the Department under this section; 30
(ii) Monetary compensation paid to the State in conjunction with a 31
wetlands license other than that compensation specified in § 16–205(e)(2) of this article; 32 18 SENATE BILL 250
(iii) Money appropriated in the State budget to the Fund; and 1
(iv) Investment earnings, interest, and any other money from any 2
other source accepted for the benefit of the Fund. 3
(5) In accordance with subsection (e) of this section, the Department shall 4
use the Wetlands and Waterways Program Fund for activities related to: 5
(i) The issuance of authorizations by the Department under §§ 6
5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the 7
issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article; 8
(ii) The management, conservation, protection, and preservation of 9
the State’s wetlands and waterways resources, INCLUDING TIER II HIGH QUALITY 10
WATERS AND TIER II HIGH QUALITY WATERSHEDS ; and 11
(iii) Program development associated with this title and Title 16 of 12
this article, as provided by the State budget. 13
(d) On or before December 31 of each year, in accordance with § 2–1257 of the 14
State Government Article, the Department shall prepare and submit an annual report to 15
the House Environment and Transportation Committee, the House Appropriations 16
Committee, the Senate COMMITTEE ON Education, [Health, and Environmental Affairs 17
Committee] ENERGY, AND THE ENVIRONMENT , and the Senate Budget and Taxation 18
Committee on the Wetlands and Waterways Program Fund, including an accounting of 19
financial receipts deposited into the Fund and expenditures from the Fund. 20
(e) The Department shall: 21
(1) Prioritize the use of the Wetlands and Waterways Program Fund to 22
improve the level of service to the regulated community; 23
(2) Identify and implement measures that will reduce delays and 24
duplication in the administration of the wetlands and waterways permit process, including 25
the processing of applications for wetlands and waterways permits in accordance with § 26
1–607 of this article; and 27
(3) In conjunction with the Department of Natural Resources, identify up 28
to three types of structural shoreline stabilization practices that may be implemented on 29
or adjacent to a State–owned lake. 30
5–203.2. 31
SENATE BILL 250 19
(A) IN THIS SECTION , “DAM SAFETY PERMIT ” MEANS A PERMIT ISSUE D 1
UNDER § 5–503 OF THIS TITLE FOR THE CONSTRUCTION , RECONSTRUCTION , 2
REPAIR, REMOVAL, OR MODIFICATION OF A DAM. 3
(B) (1) BY REGULATION , THE DEPARTMENT SHALL ESTA BLISH AND 4
COLLECT A FEE TO BE PAID PRIOR TO ISSUAN CE OF A DAM SAFETY P ERMIT. 5
(2) THE DEPARTMENT SHALL BASE THE FEE ON: 6
(I) PROJECT COST; AND 7
(II) THE COST TO THE DEPARTMENT FOR ADMINI STERING THE 8
DAM SAFETY PERMIT THIS SECTION DOES NOT APPLY TO A RESERVOIR , DAM, 9
WATERWAY OBSTRUCTION , OR SMALL POND THAT I S EXEMPT FROM PERMIT 10
REQUIREMENTS UNDER § 5–503(B) OF THIS TITLE. 11
(C) THE APPLICATION FOR A NEW DAM, OR THE ENLARGEMENT , REPAIR, 12
ALTERATION, OR REMOVAL OF AN EXI STING DAM, DAM SAFETY PERMIT SHALL 13
INCLUDE THE ESTIMATE D PROJECT CONSTRUCTION COST. 14
(D) PERIODICALLY PRIOR TO THE ISSUANCE OF A DAM SAFETY PERM IT, 15
THE DEPARTMENT SHALL REVIEW THE FEES AND IF NEEDED ADJUST THE FE ES TO 16
ENSURE THE AMOUNT CO LLECTED COVERS THE DEPARTMENT ’S COSTS FOR 17
ADMINISTERING THE COLLECT A DAM SAFETY PERMIT FEE. 18
(E) THE DAM SAFETY PERMIT FEE: 19
(1) SHALL BE BASED ON THE ESTIMATED PROJECT CONSTRUCTION 20
COST; AND 21
(2) MAY NOT EXCEED 3% OF THE ESTIMATED PRO JECT 22
CONSTRUCTION COST . 23
(F) FEES COLLECTED UNDER THIS SECTION SHALL B E PAID INTO THE 24
PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS TITLE. 25
5–509. 26
(a) (1) In this section the following words have the meanings indicated. 27
(2) [“Asset owner” means the owner or person having control of a water 28
infrastructure asset. 29
(3)] “Association” means: 30
20 SENATE BILL 250
(i) A homeowners association, as defined in § 11B–101 of the Real 1
Property Article; 2
(ii) A council of unit owners, as defined in § 11–101 of the Real 3
Property Article; or 4
(iii) Any other entity owning or controlling a [water infrastructure 5
asset] DAM, the owners or members of which are owners of property adjacent to or benefited 6
by the [water infrastructure asset] DAM. 7
[(4)] (3) “Association member” means an owner or a member of an 8
association. 9
(4) “DAM OWNER” MEANS THE OWNER OR P ERSON HAVING CO NTROL 10
OF THE NORMAL OPERAT ION OR MAINTENANCE O F A DAM. 11
(5) [“Water infrastructure asset” means a reservoir, a dam, or any other 12
waterway construction.] “UNSAFE CONDITION ” MEANS THE CONDITION OF A DAM 13
DETERMINED BY THE DEPARTMENT TO BE UNSA FE DUE TO THE STRUCTURE: 14
(I) BEING IN POOR CONDITI ON; 15
(II) HAVING AN INADEQUATE SPILLWAY; 16
(III) POSING IMMINENT DANGE R OF FAILURE; OR 17
(IV) HAVING ANOTHER CONDIT ION DETERMINED UNSAF E BY 18
THE DEPARTMENT . 19
(b) (1) On complaint or the Department’s own initiative, the Department may 20
investigate or examine any [water infrastructure asset] DAM. 21
(2) If the Department determines that the [water infrastructure asset] 22
DAM is IN AN unsafe CONDITION, needs repair, or should be removed because the [water 23
infrastructure asset] DAM is unsafe and not repairable, the Department shall notify the 24
[asset] DAM owner in writing to repair or remove the [water infrastructure asset] DAM, as 25
the situation warrants. 26
(3) The repair or removal work shall be completed within a reasonable 27
time, which time shall be prescribed in the Department’s notice. 28
(4) (i) This paragraph applies to a [water infrastructure asset] DAM 29
that the Department determines meets the criteria specified in paragraph (2) of this 30
subsection. 31
SENATE BILL 250 21
(ii) If the Department determines that changes to the [water 1
infrastructure asset] DAM, including removal of the [asset] DAM, are a priority for 2
improving fish passage or for other environmental benefits, the Department MAY: 3
1. [May partner] PARTNER with the [asset] DAM owner and 4
an organization that provides resources and expertise to plan, design, or finance changes 5
to [water infrastructure assets] DAMS for the purpose of repairing, removing, or retrofitting 6
the [asset] DAM in a manner consistent with the Department’s objectives; or 7
2. [Shall prioritize] PRIORITIZE the use of environmental 8
outcomes, as defined in § 9–1601 of this article, arising from the repair, removal, or retrofit 9
of the [water infrastructure asset] DAM in any environmental mitigation program 10
identified by the Department. 11
(iii) For the purpose of seeking financial assistance under Title 5, 12
Subtitle 4 of the Economic Development Article, if the Department determines that the 13
[water infrastructure asset] DAM is not a priority under subparagraph (ii) of this 14
paragraph but is a priority for installation of less than 30 megawatts of small hydroelectric 15
power plant capacity, the Department shall provide notice to the Maryland Industrial 16
Development Financing Authority of: 17
1. Any [water infrastructure asset] DAM identified as a 18
priority for installation of less than 30 megawatts of small hydroelectric power plant 19
capacity under this paragraph; and 20
2. The repair, retrofit, or removal measures identified for the 21
[water infrastructure asset] DAM in the notice provided under paragraph (2) of this 22
subsection. 23
(c) If the work is not completed in the time prescribed in the notice: 24
(1) The Department may have the work completed at the expense of the 25
[asset] DAM owner; 26
(2) The Department shall charge the [asset] DAM owner for the costs to 27
complete the work; and 28
(3) If repayment is not made within 30 days after written demand, the 29
Department may bring an action in the proper court to recover the costs to complete the 30
work. 31
(d) (1) The Department may take emergency actions necessary to protect life, 32
property, or the environment if: 33
(i) 1. The Department determines that a [water infrastructure 34
asset] DAM is in imminent danger of failure; and 35 22 SENATE BILL 250
2. The [asset] DAM owner has been issued a notice by the 1
Department under subsection (b) of this section and has not completed the work in 2
accordance with the time prescribed in the notice; or 3
(ii) The Department determines that: 4
1. A [water infrastructure asset] DAM is failing OR IN 5
IMMINENT DANGER OF F AILING; and 6
2. The [asset] DAM owner is not taking adequate actions to 7
protect life, property, or the environment. 8
(2) Emergency actions taken by the Department under this subsection may 9
include: 10
(i) Taking control of the [water infrastructure asset] DAM; 11
(ii) Lowering the level of water impounded by the [water 12
infrastructure asset] DAM by releasing the impounded water or by other means; 13
(iii) Completely releasing all water impounded by the [water 14
infrastructure asset] DAM; 15
(iv) Performing any necessary remedial or protective work at the site 16
of the [water infrastructure asset] DAM, including breaching the [water infrastructure 17
asset] DAM; and 18
(v) Taking any other steps the Department deems necessary to 19
safeguard life, property, or the environment. 20
(3) The Department or its agents may enter any property, without prior 21
notice to the owner of the property, if the entry is necessary to carry out emergency actions 22
under this subsection. 23
(4) If the Department takes control of a [water infrastructure asset] DAM 24
under paragraph (2)(i) of this subsection, the Department shall remain in charge and 25
control of the [water infrastructure asset] DAM until the Department has determined that 26
the [water infrastructure asset] DAM has been rendered safe or the circumstances 27
requiring the emergency actions have ceased. 28
(5) The Department may obtain equipment, personnel, and other resources 29
for emergency actions taken under this subsection through any appropriate means, 30
including emergency procurements under § 13–108 of the State Finance and Procurement 31
Article. 32
SENATE BILL 250 23
(e) (1) Costs incurred by the Department under this section shall: 1
(i) Constitute a debt owed to the State; and 2
(ii) Be reimbursed to the Department by the [asset] DAM owner. 3
(2) If any such cost remains unreimbursed 30 days after the Department 4
makes a demand for reimbursement from the [asset] DAM owner, the [water infrastructure 5
asset] DAM shall be subject to the establishment of a lien in accordance with this section 6
for the payment of the unreimbursed amount. 7
(f) (1) With respect to costs incurred by the Department under this section 8
relating to a [water infrastructure asset] DAM for which an association is the [asset] DAM 9
owner, if any such cost remains unreimbursed 30 days after the Department makes a 10
demand for reimbursement from the association, such costs shall be a debt to the State 11
owed, and shall be reimbursed to the Department, by the association members, jointly and 12
severally, notwithstanding any provision of law that would otherwise relieve the 13
association members of such liability. 14
(2) If any such cost remains unreimbursed 30 days after the Department 15
makes a demand for reimbursement from the association members, the lots, condominium 16
units, or other property owned by the association members that is adjacent to or benefited 17
by the [water infrastructure asset] DAM shall be subject to the establishment of a lien in 18
accordance with this section for the payment of the unreimbursed amount. 19
(g) (1) Any lien arising under subsections (e) and (f) of this section shall, to the 20
extent not otherwise expressly prohibited by law, have priority over all other liens and 21
encumbrances perfected after July 1, 2020, on the [water infrastructure asset] DAM, or the 22
lots, condominium units, or other property owned by the association members that is 23
adjacent to or benefited by the [water infrastructure asset] DAM. 24
(2) The establishment and enforcement of liens arising under subsections 25
(e) and (f) of this section shall be governed by the rules set forth in Title 12, Chapter 300 of 26
the Maryland Rules. 27
(h) No action may be brought against the State, the Department, or their 28
respective agents or employees for the recovery of damages caused by the partial or total 29
failure of any [water infrastructure asset] DAM, or the control or operation of any [water 30
infrastructure asset] DAM, on the ground that the State, the Department, or their 31
respective agents or employees are liable by virtue of any of the following: 32
(1) The approval or permitting of the [water infrastructure asset] DAM; 33
(2) The issuance or enforcement of orders relative to maintenance or 34
operation of the [water infrastructure asset] DAM; 35
24 SENATE BILL 250
(3) Control or regulation of the [water infrastructure asset] DAM; 1
(4) Actions taken to protect against failure during an emergency, including 2
any actions taken under this subsection; 3
(5) The use of design and construction criteria prepared, approved, or 4
promulgated by the Department; or 5
(6) The failure to issue or enforce orders, to control or regulate [water 6
infrastructure assets] DAMS, to take measures to protect against any failure thereof, or to 7
take any emergency actions contemplated by this subsection. 8
(i) Nothing in this section, and no act or omission of the Department under this 9
section, shall be construed to relieve [an asset] A DAM owner of: 10
(1) The legal duties, obligations, or liabilities incident to the ownership or 11
operation of a [water infrastructure asset] DAM; or 12
(2) Any liability for acts or omissions of the [asset] DAM owner that cause 13
injury or death to any person, damage to any property or the environment, or violation of 14
any law, regulation, or permit, even if acts or omissions of the Department under this 15
section could be deemed an intervening cause of such injury, death, damage, or violation. 16
(j) This section does not apply to farm ponds used for agricultural purposes. 17
5–509.1. 18
(A) IN THIS SECTION, “DAM OWNER ” HAS THE MEANING STAT ED IN § 5–509 19
OF THIS SUBTITLE MEANS THE OWNER OR P ERSON HAVING CONTROL OF THE 20
NORMAL OPERATION OR MAINTENANCE OF A DAM . 21
(B) (1) THIS SECTION APPLIES TO A DAM THA T IS: 22
(I) INCLUDED IN THE MARYLAND DAM INVENTORY; AND 23
(II) NOT OWNED BY THE FEDE RAL GOVERNMENT . 24
(2) THIS SECTION DOES NOT APPLY TO A DAM OWNED BY THE 25
FEDERAL GOVERNMENT RESERVOIR, DAM, WATERWAY OBSTRUCTION , OR SMALL 26
POND THAT IS EXEMPT FROM PERMI T REQUIREMENTS UNDER § 5–503(B) OF THIS 27
SUBTITLE. 28
(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, ALL DAM OWNERS 29
SHALL REGISTER THEIR DAMS ANNUALLY WITH T HE DEPARTMENT . 30
SENATE BILL 250 25
(D) TO BEGINNING JANUARY 1, 2027, TO REGISTER WITH THE 1
DEPARTMENT , A DAM OWNER SHALL : 2
(1) SUBMIT AN APPLICATION TO THE DEPARTMENT ON THE FOR M 3
PROVIDED BY THE DEPARTMENT ; AND 4
(2) PAY TO THE DEPARTMENT A REGISTRA TION FEE. 5
(E) THE DEPARTMENT REGISTRATION FEE SHALL BE: 6
(1) ESTABLISH THE REGISTR ATION FEE BY REGULATION FOR A LOW 7
HAZARD CLASS DAM , $200; AND 8
(2) BASE THE REGISTRATION FEE ON THE DAM HAZAR D 9
CLASSIFICATION FOR A SIGNIFICANT HAZ ARD CLASS DAM , $500; AND 10
(3) FOR A HIGH HAZARD CLA SS DAM, $1,000. 11
(F) REGISTRATION FEES COL LECTED UNDER THIS SECTION SHALL BE PAI D 12
INTO THE PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS 13
SUBTITLE. 14
(G) (1) THE DEPARTMENT SHALL ESTA BLISH CRITERIA TO FU LLY OR 15
PARTIALLY WAIVE THE REGISTRATION FEE UND ER THIS SECTION DUE TO FINANCIAL 16
HARDSHIP. 17
(2) THE WAIVER CRITERIA ESTA BLISHED UNDER PARAGR APH (1) OF 18
THIS SUBSECTION SHAL L PRIORITIZE INDIVID UAL HOMEOWNERS . 19
5–509.2. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “DAM OWNER” HAS THE MEANING STAT ED IN § 5–509 OF THIS 23
SUBTITLE. 24
(3) (I) “ELIGIBLE COST” MEANS ANY COST TO BE INCURRED BY A 25
DAM OWNER FOR THE RE PAIR, EMERGENCY REPAIR , OR PERMANENT BREACH OF A 26
DAM. 27
(II) “ELIGIBLE COST” INCLUDES CONSTRUCTIO N ACTIVITIES, 28
ENGINEERING FEES , DEMOLITION, EXCAVATION, STABILIZATION, AND RELATED 29
COSTS. 30 26 SENATE BILL 250
(4) “FUND” MEANS THE PRIVATE DAM REPAIR FUND. 1
(5) “LOAN” MEANS A PRIVATE DAM REPAIR LOAN MADE IN 2
ACCORDANCE WITH THIS SECTION. 3
(6) “PRIVATE DAM” MEANS A DAM THAT IS NOT OWNED BY THE 4
FEDERAL GOVERNMENT , THE STATE GOVERNMENT , OR A COUNTY OR MUNIC IPAL 5
GOVERNMENT . 6
(7) “UNSAFE CONDITION ” HAS THE MEANING STAT ED IN § 5–509 OF 7
THIS SUBTITLE. 8
(B) (1) THERE IS A PRIVATE DAM REPAIR FUND. 9
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 10
ASSISTANCE FOR THE R EPAIR, UPGRADE, OR REMOVAL OF PRIVAT E DAMS IN 11
ACCORDANCE WITH THIS SUBTITLE. 12
(3) THE MARYLAND WATER INFRASTRUCTURE FINANCING 13
ADMINISTRATION WITHIN THE DEPARTMENT SHALL ADMI NISTER THE FUND. 14
(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 15
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 16
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 17
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
(D) THE FUND CONSISTS OF : 19
(1) DAM SAFETY PERMIT FEE S COLLECTED BY THE DEPARTMENT 20
UNDER § 5–203.2 OF THIS TITLE; 21
(2) DAM OWNER REGISTRATIO N FEES COLLECTED BY THE 22
DEPARTMENT UNDER § 5–509.1 OF THIS SUBTITLE; 23
(3) PAYMENTS RECEIVED FRO M BORROWERS FOR DEPO SIT INTO THE 24
FUND IN REPAYMENT OF LOANS ISSUED UNDER S UBSECTION (H) OF THIS SECTION, 25
INCLUDING ANY LOAN O RIGINATION FEES ; 26
(4) PENALTIES DISTRIBUTED TO THE FUND UNDER § 5–514(C)(2) OF 27
THIS SUBTITLE; 28
(5) FUNDS APPROPRIATED IN THE STATE BUDGET TO THE FUND; 29
SENATE BILL 250 27
(6) INTEREST EARNINGS ; AND 1
(7) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 2
THE BENEFIT OF THE FUND. 3
(E) THE FUND MAY BE USED ONLY FOR: 4
(1) PROVIDING FINANCIAL A SSISTANCE TO PRIVATE DAM OWNERS 5
FOR DEPARTMENT –DIRECTED UPGRADES , REPAIRS, OR REMOVALS ; 6
(2) MAKING LOANS IN ACCOR DANCE WITH THIS SECT ION; 7
(3) FUNDING EMERGENCY REPAIRS AND REMOVALS OF PRIV ATE 8
DAMS PERFORMED BY TH E DEPARTMENT ; AND 9
(4) REIMBURSING THE ADMIN ISTRATIVE COST TO TH E DEPARTMENT 10
OF PROCESSING AND IS SUING DAM SAFETY PER MITS AND PERFORMING THE DUTIES 11
UNDER § 5–509 OF THIS SUBTITLE. 12
(F) (1) THE STATE TREASURER SHALL INVES T MONEY OF THE FUND IN 13
THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 14
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 15
THE FUND. 16
(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 17
WITH THE STATE BUDGET . 18
(H) (1) (I) BEGINNING JULY 1, 2028, THE DEPARTMENT MAY PROVID E 19
LOANS FROM THE FUND TO OWNERS OF PRI VATE DAMS FOR THE PU RPOSE OF 20
REPAIRING OR REMOVIN G PRIVATE DAMS DEEME D TO BE IN AN UNSAFE CONDITION 21
BY THE DEPARTMENT . 22
(II) LOANS MADE UN DER THIS SUBSECTION SHALL BE 23
ADMINISTERED BY THE MARYLAND WATER INFRASTRUCTURE FINANCING 24
ADMINISTRATION IN ACC ORDANCE WITH §§ 9–1604 AND 9–1606 OF THIS ARTICLE. 25
(2) (I) THE DEPARTMENT MAY ESTABL ISH CRITERIA FOR 26
AWARDING LOANS UNDER THE FUND. 27
(II) ELIGIBLE APPLICANTS MA Y INCLUDE DAM OWNERS THAT: 28
1. HAVE AN APPROVED EMER GENCY ACTION PLAN IN 29
ACCORDANCE WITH § 5–503.1 OF THIS SUBTITLE; 30 28 SENATE BILL 250
2. HAVE HAD AN INSPECTIO N OF THE PRIVATE DAM 1
PERFORMED BY THE DEPARTMENT THAT DOCUM ENTS DEFICIENCIES IN 2
ACCORDANCE WITH § 5–509 OF THIS SUBTITLE WIT HIN THE PAST 24 MONTHS; 3
3. CAN DEMONSTRATE , WITH DOCUMENTATION , 4
ACTIONS TAKEN TO ADD RESS DEFICIENCIES IN DICATED IN INSPECTIO N REPORTS 5
PREPARED BY THE DEPARTMENT ; AND 6
4. HAVE DEMONSTRATED AN ABILITY TO REPAY A LOAN. 7
(3) EACH LOAN MAY BE IN A N AMOUNT THAT COVERS THE 8
REASONABLE AND NECES SARY ELIGIBLE COSTS OF A PROJECT, AS DETERMINED BY 9
THE DEPARTMENT , FOR WHICH FUNDS ARE SOUGHT BY THE APPLIC ANT AND THAT 10
ARE NOT PROVIDED BY OTHER AVAILABLE SOUR CES. 11
(4) A DAM OWNER MAY USE MU LTIPLE PROGRAMS OR S OURCES TO 12
FUND THE REPAIR OR R EMOVAL COSTS FOR A D AM IN AN UNSAFE COND ITION UP TO 13
100% OF THE COSTS. 14
(5) A DAM OWNER SEEKING A LOAN SHALL SUBMIT A COMPLETE LOAN 15
APPLICATION TO THE DEPARTMENT ON A FORM PROVIDED BY THE DEPARTMENT . 16
(6) THE REPAYMENT PERIOD FOR A LOAN MAY NOT E XCEED 20 17
YEARS. 18
(7) THE LOAN SHALL BE MAD E AT OR BELOW MARKET INTEREST 19
RATES. 20
(8) THE DEPARTMENT MAY CHARGE A LOAN ORIGINATION F EE THAT 21
MAY BE USED FOR THE REASONABLE COST OF A DMINISTERING THE LOAN PR OGRAM. 22
(9) IF THE DEPARTMENT DETERMINES THAT A DAM OWNER DOE S 23
NOT HAVE THE FINANCI AL RESOURCES TO REPA Y A LOAN GRANTED UND ER THIS 24
SUBSECTION, THE DEPARTMENT MAY , AT THE DEPARTMENT ’S DISCRETION , 25
AUTHORIZE PARTIAL FO RGIVENESS OF THE LO AN. 26
(10) FULL REPAYMENT OF THE LOAN SHALL BE REQUIR ED ON SALE OR 27
TRANSFER OF THE PROP ERTY. 28
(11) (I) THE DEPARTMENT MAY ESTABL ISH REMEDIES FOR LOA N 29
RECIPIENTS WHO FAIL TO MEET REPAYMENT OB LIGATIONS UNDER THE LOAN 30
TERMS. 31
SENATE BILL 250 29
(II) IN ADDITION TO ANY OTHER ACTION AUTHORI ZED BY THIS 1
SUBTITLE, THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER 2
PRINCIPAL, INTEREST, LATE FEES AND PENALT IES, ATTORNEY’S FEES, AND COSTS 3
FROM ANY LOAN RECIPI ENT THAT DEFAULTS ON THE LOAN RECIPIENT ’S 4
OBLIGATIONS UNDER TH E LOAN AGREEMENT . 5
(III) 1. IN THE EVENT OF A DEF AULT ON A LOAN OBLIG ATION 6
ISSUED UNDER THIS SU BSECTION, THE DEPARTMENT MAY PLACE A LIEN AGAINST 7
THE PROPERTY THAT , SUBJECT TO THE TAX L IENS OF THE FEDERAL , STATE, AND 8
LOCAL GOVERNMENTS , SHALL HAVE THE SAME PRIORITY AND STATUS AS A LIEN OF 9
THE STATE FOR UNPAID TAXE S UNDER §§ 14–804 AND 14–805 OF THE 10
TAX – PROPERTY ARTICLE. 11
2. THE DEPARTMENT MAY EXERCI SE THE SAME RIGHTS 12
AND POWERS IN ENFORC ING THE LIEN AND COL LECTING FUNDS FOR TH E PAYMENT 13
OF AMOUNTS IN DEFAUL T UNDER THE LOAN OBL IGATION AS THE STATE MAY 14
EXERCISE IN COLLECTI NG UNPAID TAXES UNDE R TITLE 14, SUBTITLE 8 OF THE 15
TAX – PROPERTY ARTICLE. 16
(12) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT 17
THIS SUBSECTION . 18
(I) ON OR BEFORE NOVEMBER 1, 2026, AND EACH NOVEMBER 1 19
THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , SUBJECT 20
TO § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 21
(1) THE STATUS OF THE FUND; 22
(2) REVENUES, ENCUMBRANCES TO , AND EXPENDITURES FRO M THE 23
FUND; 24
(3) A DESCRIPTION OF THE P ROJECTS FUNDED BY TH E FUND; AND 25
(4) THE NUMBER OF APPLICA TIONS FOR FINANCIAL ASSISTANCE 26
FROM THE FUND THAT WERE DENIED . 27
5–514. 28
(a) (1) In addition to being subject to an injunctive action under this subtitle, 29
a person who violates any provision of this subtitle [relating to water appropriation and 30
use] or any [rule,] regulation, order, or permit adopted or issued under [any such provision] 31
THIS SUBTITLE is liable for a civil penalty not exceeding [$5,000] $10,000 per violation 32
to be collected in a civil action brought by the Department. 33
30 SENATE BILL 250
(2) Each day a violation occurs or continues is a separate violation under 1
this subsection. 2
(3) (i) Before bringing a civil action against a local government under 3
this subsection, the Department shall meet and consult with the local government to seek 4
an alternative resolution to the contested issue. 5
(ii) Prior consultation by the Department with the local government 6
shall constitute compliance with this subsection. 7
(b) A person who violates a provision of this subtitle or a regulation adopted under 8
this subtitle is subject to the penalties provided in § 9–343 of this article. 9
(c) (1) [All] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 10
SUBSECTION, ALL funds collected by the Department under this section, including any 11
civil penalty or any fine imposed by a court under the provisions of this section, shall be 12
paid into the Maryland Clean Water Fund. 13
(2) FUNDS COLLECTED BY TH E DEPARTMENT UNDER THIS SECTION 14
RELATING TO AN UNSAFE CONDITION , AS DEFINED IN § 5–509 OF THIS SUBTITLE , 15
SHALL BE PAID INTO T HE PRIVATE DAM REPAIR FUND. 16
6–843. 17
(a) (1) Except as provided in this subsection and subsection (b) of this section, 18
and in cooperation with the Department of Housing and Community Development, the 19
State Department of Assessments and Taxation, and other appropriate governmental 20
units, the Department shall provide for the collection of [an annual] A fee for every rental 21
dwelling unit in the State. 22
(2) [The annual fee for an affected property is $30] FOR AN AFFECTED 23
PROPERTY, THE FEE: 24
(I) IS $120; AND 25
(II) SHALL BE COLLECTED BY THE DEPARTME NT ONCE EVERY 26
2 YEARS. 27
(3) (i) 1. Subject to the provisions of subparagraphs (ii) and (iii) of 28
this paragraph, on or before December 31, 2000, the [annual] fee for a rental dwelling unit 29
built after 1949 that is not an affected property is $5. 30
2. After December 31, 2000, there is no [annual] fee for a 31
rental dwelling unit built after 1949 that is not an affected property. 32
SENATE BILL 250 31
(ii) The owner of a rental dwelling unit built after 1949 that is not 1
an affected property may not be required to pay the fee provided under this paragraph if 2
the owner certifies to the Department that the rental dwelling unit is lead free pursuant to 3
§ 6–804 of this subtitle. 4
(iii) An owner of a rental dwelling unit who submits a report to the 5
Department that the rental dwelling unit is lead free pursuant to § 6–804 of this subtitle 6
shall include a [$10] $50 processing fee with the report. 7
(b) The fees imposed under this section do not apply to any rental dwelling unit: 8
(1) Built after 1978; or 9
(2) Owned and operated by a unit of federal, State, or local government, or 10
any public, quasi–public, or municipal corporation. 11
(c) (1) The fee imposed under this section shall be paid on or before December 12
31, 1995, or the date of registration of the affected property under Part III of this subtitle 13
and on or before December 31 [of each] EVERY OTHER year thereafter or according to a 14
schedule established by the Department by regulation. 15
(2) THE DEPARTMENT MAY ESTABL ISH A PROTOCOL TO ST AGGER 16
REGISTRATIONS OF AFF ECTED PROPERTY UNDER PART III OF THIS SUBTITLE TO 17
EQUALLY DIVIDE REGIS TRATIONS OVER SEQUEN TIAL CALENDAR YEARS . 18
(d) An owner who fails to pay the fee imposed under this section is liable for a 19
civil penalty of up to triple the amount of each registration fee unpaid that, together with 20
all costs of collection, including reasonable attorney’s fees, shall be collected in a civil action 21
in any court of competent jurisdiction. 22
7–503. 23
(a) There is a Voluntary Cleanup Program in the Department. 24
(b) The purpose of the Voluntary Cleanup Program is to: 25
(1) Encourage the investigation of eligible properties with known or 26
perceived contamination; 27
(2) Protect public health and the environment where cleanup projects are 28
being performed or need to be performed; 29
(3) Accelerate cleanup of eligible properties; and 30
(4) Provide predictability and finality to the cleanup of eligible properties. 31
32 SENATE BILL 250
7–506. 1
(a) (1) To participate in the Program, an applicant shall: 2
(i) Submit an application, on a form provided by the Department, 3
that includes: 4
1. Information demonstrating to the satisfaction of the 5
Department that the contamination did not result from the applicant knowingly or willfully 6
violating any law or regulation concerning controlled hazardous substances; 7
2. Information demonstrating the person’s status as a 8
responsible person or an inculpable person; 9
3. Information demonstrating that the property is an eligible 10
property as defined in § 7–501 of this subtitle; 11
4. A detailed report with all available relevant information 12
on environmental conditions including contamination at the eligible property known to the 13
applicant at the time of the application; 14
5. An environmental site assessment that includes: 15
A. Established Phase I site assessment standards and follows 16
principles established by the American Society for Testing and Materials and that 17
demonstrates to the satisfaction of the Department that the assessment has been conducted 18
in accordance with those standards and principles; and 19
B. A Phase II site assessment unless the Department 20
concludes, after review of the Phase I site assessment, that there is sufficient information 21
to determine that there are no recognized environmental conditions, as defined by the 22
American Society for Testing and Materials; and 23
6. A description, in summary form, of a proposed voluntary 24
cleanup project that includes the proposed cleanup criteria under § 7–508 of this subtitle 25
and the proposed future use of the property, if appropriate; and 26
(ii) Subject to paragraph (2) of this subsection, pay to the 27
Department: 28
1. An initial application fee of [$6,000] $10,000 which the 29
Department may reduce on a demonstration of financial hardship in accordance with 30
subsection (b) of this section; 31
2. An application fee of $2,000 for each application submitted 32
subsequent to the initial application for the same property; [and] 33
SENATE BILL 250 33
3. An application fee of $2,000 for each application submitted 1
subsequent to the initial application for contiguous or adjacent properties that are part of 2
the same planned unit development or a similar development plan; AND 3
4. IF THE DIRECT COSTS O F REVIEW OF THE 4
APPLICATION AND ADMI NISTRATION AND OVERS IGHT OF THE RESPONSE ACTION 5
PLAN EXCEED THE APPL ICATION FEE, THE ADDITIONAL COSTS INCURRED BY THE 6
DEPARTMENT . 7
(2) If an applicant certifies that the applicant intends to use the eligible 8
property to generate clean or renewable energy, the Department shall waive the fees 9
required under paragraph (1)(ii) of this subsection. 10
(b) The Department shall adopt regulations to establish criteria for determining 11
whether an applicant has: 12
(1) Demonstrated financial hardship; or 13
(2) Certified that the applicant intends to use the eligible property to 14
generate clean or renewable energy. 15
9–283. 16
(a) Except as provided in subsection (c) of this section, by regulation, the 17
Department shall establish and collect a fee to be paid by a generator of coal combustion 18
by–products, based on a per ton rate of coal combustion by–products generated by the 19
generator annually. 20
(b) The Department shall base the fees on the following factors: 21
(1) The total annual tonnage of coal combustion by–products that the 22
generator generates; 23
(2) The type and volume of coal combustion by–products generated by the 24
generator; 25
(3) Whether the generator uses or disposes of the coal combustion 26
by–products; 27
(4) To the extent that the coal combustion by–products are used rather 28
than disposed of, the types of the uses; 29
(5) Whether the coal combustion by–products are transported for use or 30
disposal out–of–state; [and] 31
34 SENATE BILL 250
(6) THE VOLUME OF COAL CO MBUSTION BY–PRODUCTS THAT HAVE 1
BEEN DISPOSED OF AND REMAIN IN LANDFILLS OR OTHER STORAGE UNI TS IN THE 2
STATE THAT ARE SUBJEC T TO INSPECTION AND MONITORING , NOT INCLUDING COAL 3
COMBUSTION BY –PRODUCTS THAT HAVE B EEN: 4
(I) ADDED TO CEMENT PRODU CTS; 5
(II) USED IN COAL MINE RECLAMA TION; OR 6
(III) BENEFICIALLY REUSED I N A MANNER ACCEPTABL E TO THE 7
DEPARTMENT ; AND 8
(7) Other factors the Department considers appropriate. 9
(c) The Department may not establish or impose a fee on coal combustion 10
by–products that are: 11
(1) Beneficially used, as the Department determines; or 12
(2) Used for coal mine reclamation in accordance with regulations the 13
Department adopts or with regulations of the receiving state. 14
(d) Fees imposed on coal combustion by–products that are transported for use or 15
disposal out–of–state may not exceed 50% of the fees established for disposal in–State. 16
(e) The fees collected by the Department under this section shall be deposited into 17
the Fund and used in accordance with § 9–284 of this subtitle. 18
(f) The fees imposed shall be set at the rate necessary to implement the purposes 19
set forth in § 9–284 of this subtitle. 20
(g) In any fiscal year, if the fee schedule established by the Department generates 21
revenue that exceeds the amount necessary to operate a regulatory program to control the 22
management of coal combustion by–products, the Department shall reduce the fees in the 23
following fiscal year. 24
9–320. 25
(b) The following payments shall be made into the Maryland Clean Water Fund: 26
(1) All application fees, permit fees, renewal fees, and funds collected by 27
the Department under this subtitle, including any civil or administrative penalty or any 28
fine imposed by a court under the provisions of this subtitle; 29
(2) Any civil penalty or any fine imposed by a court under the provisions of 30
Title 5, Subtitle 5 of this article relating to water appropriation and use; 31 SENATE BILL 250 35
(3) Any civil or administrative penalty or any fine imposed by a court under 1
the provisions of Title 4, Subtitle 1 of this article; 2
(4) Any fees or funds that the Department collects under Subtitle 2, Part 3
III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 4
or fine imposed by a court under the provisions of Subtitle 2 of this title; [and] 5
(5) Any fees or funds that the Department collects under Subtitle 24 of this 6
title and any civil or administrative penalty or fine imposed by a court under the provisions 7
of Subtitle 24 of this title; AND 8
(6) ANY OTHER FEES LEGALL Y AUTHORIZED TO BE P AID INTO THE 9
MARYLAND CLEAN WATER FUND. 10
9–1606. 11
(a) (1) A loan made by the Administration shall be evidenced by a loan 12
agreement. 13
(2) Loans made from the Water Quality Fund, except for loans made in 14
accordance with § 9–1605(d)(9) of this subtitle, shall be subject to the provisions of § 15
9–1605(d)(1) of this subtitle. 16
(3) Loans made from the Drinking Water Loan Fund, except for loans made 17
in accordance with § 9–1605.1(d)(10) of this subtitle, shall be subject to the provisions of § 18
9–1605.1(d)(1) of this subtitle. 19
(4) LOANS MADE FROM THE PRIVATE DAM REPAIR FUND SHALL BE 20
SUBJECT TO THE PROVI SIONS OF § 5–509.2 OF THIS ARTICLE. 21
(5) Subject to the provisions of any applicable bond resolution, the 22
Administration may consent to the modification, with respect to rate of interest, time of 23
payment of any installment of principal or interest, security, or any other term of any loan 24
agreement or loan obligation. 25
(6) In connection with any security received by or owned by the 26
Administration, including any loan obligations, the Administration may commence any 27
action to protect or enforce the rights conferred upon it by any law or loan agreement or 28
loan obligation. 29
(b) Notwithstanding any other provision of public general or public local law, 30
charter, or ordinance, a borrower may issue and sell loan obligations to the Administration: 31
(1) At private sale, without public bidding; 32
36 SENATE BILL 250
(2) Without regard to any limitations on the denomination of such 1
obligations; and 2
(3) At any interest rate or cost or at any price that the borrower considers 3
necessary or desirable. 4
(c) A borrower may pay any fees or charges necessary to enable the 5
Administration to sell its bonds, including any fees for the insurance of its loan obligations 6
or bonds of the Administration, or to provide any other guarantee, credit enhancement, or 7
additional security for any such loan obligations or bonds. 8
(d) (1) Notwithstanding any other provision of public general or public local 9
law, charter, or ordinance, a borrower may agree with the Administration to pledge any 10
[moneys] MONEY that the borrower is entitled to receive from the State, including the 11
borrower’s share of the State income tax, to secure its obligations under a loan agreement. 12
(2) The State Comptroller and the State Treasurer shall cause any 13
[moneys] MONEY withheld under such a pledge to be paid to, or applied at the direction of, 14
the Administration. 15
(e) Each loan agreement shall contain a provision whereby the borrower 16
acknowledges and agrees that [the]: 17
(1) THE borrower’s loan obligation is cancelable only upon repayment in 18
full; and [that neither] 19
(2) NEITHER the Administration, the Secretary, nor the Board is 20
authorized to forgive the repayment of all or any portion of the loan, except for [loans]: 21
(I) LOANS to disadvantaged communities, pursuant to the federal 22
Safe Drinking Water Act[, and loans]; 23
(II) LOANS made in accordance with §§ 9 –1605(d)(9) and 24
9–1605.1(d)(10) of this subtitle; AND 25
(III) LOANS MADE IN ACCORDA NCE WITH § 5–509.2(H) OF THIS 26
ARTICLE. 27
(f) (1) In the event of a default on a loan obligation by a borrower other than 28
a local government, the Administration may place a lien against property of the borrower 29
securing the loan which, subject to the tax liens of the federal, State, and local governments, 30
shall have the same priority and status as a lien of the State for unpaid taxes under §§ 31
14–804 and 14–805 of the Tax – Property Article. 32
(2) The Administration may exercise the same rights and powers in 33
enforcing such lien and collecting funds for the payment of amounts in default under the 34 SENATE BILL 250 37
loan obligation as the State may exercise in collecting unpaid taxes under Title 14, Subtitle 1
8 of the Tax – Property Article. 2
15–807. 3
(a) Except as otherwise provided in this subtitle, a person may not engage in 4
surface mining within the State without first obtaining a surface mining license. 5
(b) (1) An application for a license shall be in writing and on a form prepared 6
and furnished by the Department. 7
(2) If the application is made by a corporation, partnership, or association 8
[it] THE APPLICATION shall contain information concerning its officers, directors, and 9
principal owners, as the Department reasonably requires. 10
(c) (1) The application shall be accompanied by a [$300] $500 fee. 11
(2) (I) The license shall be renewable annually[, and the]. 12
(II) THE renewal fee is [$150] $300. 13
(III) The application for renewal shall be made annually by January 14
1. 15
(d) The Department may not issue any new surface mining license or renew any 16
existing surface mining license to any person if it finds, after investigation, that the 17
applicant has failed and continues to fail to comply with any of the provisions of this 18
subtitle. 19
(e) A license under this section is not required for the following activities: 20
(1) Those aspects of deep mining that do not have a significant effect on the 21
surface, if the affected land does not exceed 3 acres in area; 22
(2) Operations engaged in processing minerals; 23
(3) Excavation or grading conducted solely in aid of on–site farming or 24
on–site construction for purposes other than surface mining; 25
(4) Removal of overburden and mining of limited amounts of any mineral 26
when done only for the purpose of prospecting and to the extent necessary to determine the 27
location, quantity, or quality of any natural deposit, if no minerals are sold, processed for 28
sale, or consumed in the regular operation of business; 29
38 SENATE BILL 250
(5) The handling, processing, or storage of slag and stone on the premises 1
of a manufacturer as a part of any manufacturing process that requires stone as a raw 2
material or produces slag as a by–product; 3
(6) The extraction of minerals by a landowner for the landowner’s own 4
noncommercial use from land owned or leased by the landowner; 5
(7) Mining operations if the affected land does not exceed 1 acre in area; 6
(8) Dredging from submerged public or private lands in the State if this 7
activity is conducted under a license from the State Board of Public Works or by permit 8
from the Department, as provided for in Title 16 of this article; or 9
(9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits 10
for highway construction purposes or other public facilities, if the work is performed under 11
a bond, a contract, and the specifications of the Department that require reclamation of the 12
area affected in the manner provided by this subtitle. 13
(f) (1) Any person who violates the provisions of this section is guilty of a 14
misdemeanor and, on conviction, is subject to a fine of not more than $10,000. 15
(2) The fine shall be paid to the Surface Mined Land Reclamation Fund. 16
15–815. 17
(a) (1) Any permittee engaged in surface mining under a surface mining 18
permit may apply at any time for modification of the permit. 19
(2) The application shall be in writing on forms furnished by the 20
Department and fully state the information called for. [In addition, the] 21
(3) THE applicant may be required to furnish [other] ADDITIONAL 22
information THAT the Department reasonably deems necessary to enforce this subtitle. 23
[However, it is not necessary to resubmit information which has not changed since the 24
original application, if the applicant so states in writing] 25
(4) 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 INFORMATION . 28
(b) (1) A modification under this section may affect [the]: 29
(I) THE land area covered by the permit[, the]; 30
(II) THE approved mining and reclamation plan coupled with the 31
permit[, or other]; OR 32 SENATE BILL 250 39
(III) OTHER terms and conditions of the permit. 1
(2) (I) A permit may be modified to include land contiguous to the 2
existing affected land, but not other lands. 3
(II) The mining and reclamation plan may be modified in any 4
manner, if the Department determines that the modified plan fully meets the standards 5
set forth in § 15–822 of this subtitle and that the modifications would be generally 6
consistent with the bases for the issuance of the original permit. 7
(III) Other terms and conditions may be modified on ly if the 8
Department determines that the permit as modified would meet the requirements of §§ 9
15–808 and 15–810 of this subtitle. [No] 10
(IV) A modification may NOT extend the expiration date of any 11
permit issued under this subtitle. 12
(c) Except as otherwise provided in subsection (d) of this section, a [$100] $200 13
fee shall be charged for a permit modification. 14
(d) (1) In addition to the fee required in subsection (c) of this section, a fee shall 15
be charged equal to [$12] $75 for each additional acre of affected land over and above the 16
amount of land covered in the original permit, for each year of operation. 17
(2) The additional fee may not exceed [$1,000 per year]: 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
(e) The Department shall approve and grant the permit modification requested 25
as expeditiously as possible but not later than 30 days after the application forms or any 26
supplemental information required are filed with the Department. 27
(f) The Department may deny the permit modification on finding: 28
(1) An uncorrected violation of the type listed in § 15–810(b)(7) of this 29
subtitle; 30 40 SENATE BILL 250
(2) Failure to submit an adequate mining and reclamation plan in light of 1
conditions existing at the time of the modification; or 2
(3) Failure or refusal to pay the modification fee. 3
(g) If the Department denies an application to modify a permit, the Department 4
shall give the permittee written notice of: 5
(1) The Department’s determination; 6
(2) Any changes in the application which would make it acceptable; and 7
(3) The permittee’s right to a hearing at a stated time and place. 8
(h) The date for the hearing may not be less than 15 days nor more than 30 days 9
after the date of the notice unless the Department and the permittee mutually agree on 10
another date. 11
15–816. 12
(a) (1) The procedure to be followed and standards to be applied in renewing a 13
permit shall be the same as those for the initial application for a permit[, except that it is 14
not necessary to resubmit information which has not changed since the time of the original 15
application, if the applicant so states in writing. However, the applicant may be required]. 16
(2) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 17
NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES N OT HAVE 18
TO RESUBMIT THAT INF ORMATION. 19
(3) THE DEPARTMENT MAY REQUIR E AN APPLICANT to furnish other 20
information the Department deems necessary to evaluate the renewal request. 21
(4) In the absence of any changes in legal requirements for the issuance of 22
a permit since the date on which the original permit was issued, the only basis for the denial 23
of a renewal permit shall be: 24
[(1)] (I) An uncorrected violation of the type listed in § 15–810(b)(7) of 25
this subtitle; 26
[(2)] (II) Failure to submit an adequate mining and reclamation plan in 27
light of conditions existing at the time of renewal; or 28
[(3)] (III) Failure or refusal to pay the renewal fee. 29
SENATE BILL 250 41
(b) Application for a renewal of a permit cannot be made any earlier than 1 year 1
prior to the expiration date of the original permit. 2
(c) Except as otherwise provided in subsection (d) of this section, the fee to be 3
charged for a permit renewal shall be [$12 for each acre of affected land for each year of 4
operation, but not exceeding $1,000 per year]: 5
(1) FOR AN OPERATOR WITH 5 ACRES OR LESS OF AFF ECTED LAND, 6
$120 FOR EACH YEAR OF OPERATION; OR 7
(2) FOR AN OPERATOR WITH MORE THAN 5 ACRES OF AFFECTED 8
LAND, $75 FOR EACH ACRE OF AFF ECTED LAND FOR EACH YEAR OF OPERATION BU T 9
NOT EXCEEDING : 10
(I) $10,000 IN FISCAL YEAR 2026; 11
(II) $10,500 IN FISCAL YEAR 2027; 12
(III) $11,000 IN FISCAL YEAR 2028; 13
(IV) $11,500 IN FISCAL YEAR 2029; AND 14
(V) $12,000 IN FISCAL YEAR 2030 AND EACH FISCAL YEAR 15
THEREAFTER . 16
(d) The fee shall be paid annually during the term of the permit. 17
(e) (1) If the term of a permit which is renewed exceeds 5 years, the permittee 18
shall pay additional fees, based on the formula in subsection (c) of this section, for each 19
5–year portion of the term of the renewed permit. 20
(2) These additional fees shall be paid to the Department within 1 year 21
before the completion of any 5–year portion of the term of the permit. 22
(f) If the Department denies an application to renew a permit, the Department 23
shall give the permittee written notice of: 24
(1) The Department’s determination; 25
(2) Any changes in the application that would make it acceptable; and 26
(3) The permittee’s right to a hearing at a stated time and place. 27
(g) The date for the hearing may not be less than 15 days nor more than 30 days 28
after the date of the notice unless the Department and the permittee mutually agree on 29
another date. 30 42 SENATE BILL 250
Article – State Finance and Procurement 1
6–226. 2
(a) (1) Except as otherwise specifically provided by law or by regulation of the 3
Treasurer, the Treasurer shall credit to the General Fund any interest on or other income 4
from State money that the Treasurer invests. 5
(2) (i) 1. This subparagraph does not apply in fiscal years 2024 6
through 2028. 7
2. Notwithstanding any other provision of law, and unless 8
inconsistent with a federal law, grant agreement, or other federal requirement or with the 9
terms of a gift or settlement agreement, net interest on all State money allocated by the 10
State Treasurer under this section to special funds or accounts, and otherwise entitled to 11
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 12
Fund of the State. 13
(ii) The provisions of subparagraph (i) of this paragraph do not apply 14
to the following funds: 15
204. the Victims of Domestic Violence Program Grant Fund; 16
[and] 17
205. the Proposed Programs Collaborative Grant Fund; AND 18
206. THE PRIVATE DAM REPAIR FUND. 19
SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 4 –411(e) through 20
(g) of Article – Environment of the Annotated Code of Maryland be renumbered to be 21
Section(s) 4–411(d) through (f), respectively. 22
SECTION 4. 3. AND BE IT FURTHER ENACTED, That this Act may not be 23
construed to expand the definition or scope of what is considered a dam under State law 24
and regulation. 25
SECTION 5. 4. AND BE IT FURTHER ENACTED, That Sections 2, 3, and 4 of this 26
Act shall take effect July 1, 2025. 27
SECTION 5. AND BE IT FURTHER ENACTED, That the Department of the 28
Environment shall notify the owner of a dam included in the Maryland Dam Inventory of 29
the registration fee required under § 5–509.1 of the Environment Article, as enacted by 30
Section 2 of this Act, as follows: 31
(1) on or before October 1, 2025; and 32
SENATE BILL 250 43
(2) on or before October 1, 2026. 1
SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section 2
5 4 of this Act, this Act shall take effect June 1, 2025. 3
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.