Maryland 2025 Regular Session

Maryland Senate Bill SB250 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0250
9	6
10	7		SENATE BILL 250
11	8		M3 5lr0299
12	9		HB 245/24 – ENT (PRE–FILED) CF 5lr0300
13	10		By: Chair, Education, Energy, and the Environment Committee (By Request –
14	11		Departmental – Environment)
15	12		Requested: October 12, 2024
16	13		Introduced and read first time: January 8, 2025
17	14		Assigned to: Education, Energy, and the Environment
18		-	Committee Report: Favorable with amendments
19		-	Senate action: Adopted with floor amendments
20		-	Read second time: February 28, 2025
21	15
22		-	~~CHAPTER ______~~
	16	+	A BILL ENTITLED
23	17
24	18		AN ACT concerning 1
25	19
26	20		Department of the Environment – Fees, Penalties, Funding, and Regulation 2
27	21
28	22		FOR the purpose of altering the authorized uses of the Maryland Clean Air Fund to include 3
29		-	certain activities relating to ~~mitigating and~~ reducing air pollution in the State; 4
30		-	~~specifying that~~ money deposited into the Maryland Clean Air Fund may not revert 5
31		-	~~to the General~~ Fund of the State; altering the maximum amount of a certain air 6
32		-	~~quality control~~ permit fee; authorizing the Department of the Environment to charge 7
33		-	~~a fee for~~ processing and issuing on–site sewage disposal permits and individual well 8
	23	+	certain activities relating to reducing air pollution in the State; specifying that 4
	24	+	money deposited into the Maryland Clean Air Fund may not revert to the General 5
	25	+	Fund of the State; altering the maximum amount of a certain air quality control 6
	26	+	permit fee; authorizing the Department of the Environment to charge a fee for 7
	27	+	processing and issuing on–site sewage disposal permits and individual well 8
34	28		construction permits under certain circumstances and requiring the Department to 9
35	29		establish the fees by regulation; authorizing the Department to establish a certain 10
36	30		fee for the Responsible Personnel Training Program Certification; requiring the 11
37		-	Department to deposit certain fees into the Maryland Clean Water Fund altering the 12
38		-	recipients of a certain reporting requirement; requiring a holder of a license to 13
39		-	transfer oil into the State to pay a certain fee when oil owned by the licensee is first 14
40		-	transferred into the State; altering the basis for calculating a certain fee credited to 15
41		-	the Maryland Oil Disaster Containment, Clean –Up and Contingency Fund; 16
42		-	repealing the requirement that an applicant for a license to transfer oil into the State 17
43		-	provide certain information to the Department as a condition precedent to the 18
44		-	issuance or renewal of the license; altering certain application fees under the 19
45		-	wetlands and waterways program and requiring the Department to issue a public 20
46		-	notice of certain adjusted fees in a certain manner; establishing the Private Dam 21
47		-	Repair Fund as a special, nonlapsing fund to provide financial assistance for the 22
48		-	repair, upgrade, or removal of private dams; authorizing the Department to provide 23 2 SENATE BILL 250
	31	+	Department to deposit certain fees into the Maryland Clean Water Fund; requiring 12
	32	+	a holder of a license to transfer oil into the State to pay a certain fee when oil owned 13
	33	+	by the licensee is first transferred into the State; altering the basis for calculating a 14
	34	+	certain fee credited to the Maryland Oil Disaster Containment, Clean–Up and 15
	35	+	Contingency Fund; repealing the requirement that an applicant for a license to 16
	36	+	transfer oil into the State provide certain information to the Department as a 17
	37	+	condition precedent to the issuance or renewal of the license; altering certain 18
	38	+	application fees under the wetlands and waterways program and requiring the 19
	39	+	Department to issue a public notice of certain adjusted fees in a certain manner; 20
	40	+	establishing the Private Dam Repair Fund as a special, nonlapsing fund to provide 21
	41	+	financial assistance for the repair, upgrade, or removal of private dams; authorizing 22
	42	+	the Department to provide loans from the Private Dam Repair Fund to certain dam 23
	43	+	owners for certain purposes; requiring the Maryland Water Infrastructure Financing 24
	44	+	Administration to administer loans from the Private Dam Repair Fund in a certain 25
	45	+	manner; requiring interest earnings of the Private Dam Repair Fund to be credited 26
	46	+	to the Fund; requiring certain dam owners to register with the Department; 27
	47	+	requiring the Department to establish and collect certain registration and permit 28
	48	+	fees and deposit the fees into the Private Dam Repair Fund; altering certain 29 2 SENATE BILL 250
49	49
50	50
51		-	loans from the Private Dam Repair Fund to certain dam owners for certain purposes; 1
52		-	requiring the Maryland Water Infrastructure Financing Administration to 2
53		-	administer loans from the Private Dam Repair Fund in a certain manner; requiring 3
54		-	interest earnings of the Private Dam Repair Fund to be credited to the Fund; 4
55		-	requiring certain dam owners to register with the Department; requiring the 5
56		-	Department to establish and collect certain registration fees, subject to a certain 6
57		-	waiver, and permit fees and deposit the fees into the Private Dam Repair Fund; 7
58		-	altering certain penalties and requiring penalties for certain dam safety violations 8
59		-	to be deposited into the Private Dam Repair Fund; altering certain dam safety 9
60		-	requirements; altering the fee required to be paid to the Department for certain 10
61		-	affected property under certain provisions of law requiring the reduction of lead risk 11
62		-	in housing; altering the processing fee required to be submitted to the Department 12
63		-	with a report that a rental dwelling unit is lead free; authorizing the Department to 13
64		-	establish a protocol to stagger registrations of affected property for certain purposes; 14
65		-	altering the fee for the initial application to the Voluntary Cleanup Program; 15
66		-	requiring an applicant to or a participant of the Voluntary Cleanup Program to pay 16
67		-	to the Department certain additional costs under certain circumstances; altering the 17
68		-	factors that the Department is required to consider in establishing a certain fee to 18
69		-	be paid by a certain generator of coal combustion by–products; altering certain 19
70		-	surface mining license and permit fees; and generally relating to fees and penalties 20
71		-	assessed, funding provided, and regulation by the Department of the Environment. 21
	51	+	penalties and requiring penalties for certain dam safety violations to be deposited 1
	52	+	into the Private Dam Repair Fund; altering certain dam safety requirements; 2
	53	+	altering the fee required to be paid to the Department for certain affected property 3
	54	+	under certain provisions of law requiring the reduction of lead risk in housing; 4
	55	+	altering the processing fee required to be submitted to the Department with a report 5
	56	+	that a rental dwelling unit is lead free; authorizing the Department to establish a 6
	57	+	protocol to stagger registrations of affected property for certain purposes; altering 7
	58	+	the fee for the initial application to the Voluntary Cleanup Program; requiring an 8
	59	+	applicant to or a participant of the Voluntary Cleanup Program to pay to the 9
	60	+	Department certain additional costs under certain circumstances; altering the 10
	61	+	factors that the Department is required to consider in establishing a certain fee to 11
	62	+	be paid by a certain generator of coal combustion by–products; altering certain 12
	63	+	surface mining license and permit fees; and generally relating to fees and penalties 13
	64	+	assessed, funding provided, and regulation by the Department of the Environment. 14
72	65
73		-	BY repealing and reenacting, with amendments, 22
74		-	Article – Environment 23
75		-	Section 1–301, 2–107, 2–403, 4–104, 4–411(a), (b), (c)(2), (3), and (7), and (h), 5–203.1, 24
76		-	~~and 5–514~~ 5–509, 5–514, 6–843, and 7–506(a) 25
77		-	Annotated Code of Maryland 26
78		-	(2013 Replacement Volume and 2024 Supplement) 27
	66	+	BY repealing and reenacting, with amendments, 15
	67	+	Article – Environment 16
	68	+	Section 1–301, 2–107, 2–403, 4–104, 4–411(a), (b), (c)(2), (3), and (7), and (h), 5–203.1, 17
	69	+	5–509, 5–514, 6–843, and 7–506(a) 18
	70	+	Annotated Code of Maryland 19
	71	+	(2013 Replacement Volume and 2024 Supplement) 20
79	72
80		-	BY repealing ~~and reenacting, without amendments, 28~~
81		-	Article – Environment 29
82		-	Section 4–411(d) 30
83		-	Annotated Code of Maryland 31
84		-	(2013 Replacement Volume and 2024 Supplement) 32
	73	+	BY repealing 21
	74	+	Article – Environment 22
	75	+	Section 4–411(d) 23
	76	+	Annotated Code of Maryland 24
	77	+	(2013 Replacement Volume and 2024 Supplement) 25
85	78
86		-	BY adding to 33
87		-	Article – Environment 34
88		-	Section 5–203.2, 5–509.1, and 5–509.2 35
89		-	Annotated Code of Maryland 36
90		-	(2013 Replacement Volume and 2024 Supplement) 37
	79	+	BY adding to 26
	80	+	Article – Environment 27
	81	+	Section 5–203.2, 5–509.1, and 5–509.2 28
	82	+	Annotated Code of Maryland 29
	83	+	(2013 Replacement Volume and 2024 Supplement) 30
91	84
92		-	BY repealing and reenacting, without amendments, 38
93		-	Article – Environment 39
94		-	Section 7–503 and 7–506(b) 40
95		-	Annotated Code of Maryland 41
96		-	(2013 Replacement Volume and 2024 Supplement) 42
97		-	SENATE BILL 250 3
	85	+	BY repealing and reenacting, without amendments, 31
	86	+	Article – Environment 32
	87	+	Section 7–503 and 7–506(b) 33
	88	+	Annotated Code of Maryland 34
	89	+	(2013 Replacement Volume and 2024 Supplement) 35
	90	+
	91	+	BY repealing and reenacting, with amendments, 36
	92	+	Article – Environment 37
	93	+	Section 9–283, 9–320(b), 9–1606, 15–807, 15–815, and 15–816 38
	94	+	Annotated Code of Maryland 39
	95	+	(2014 Replacement Volume and 2024 Supplement) 40
	96	+
	97	+	BY repealing and reenacting, without amendments, 41 SENATE BILL 250 3
98	98
99	99
100		-	BY repealing and reenacting, with amendments, 1
101		-	Article – Environment 2
102		-	Section 9–283, 9–320(b), and 9–1606, 15–807, 15–815, and 15–816 3
103		-	Annotated Code of Maryland 4
104		-	(2014 Replacement Volume and 2024 Supplement) 5
	100	+	Article – State Finance and Procurement 1
	101	+	Section 6–226(a)(1) and (2)(i) 2
	102	+	Annotated Code of Maryland 3
	103	+	(2021 Replacement Volume and 2024 Supplement) 4
105	104
106		-	BY repealing and reenacting, ~~without~~ amendments, 6
107		-	Article – State Finance and Procurement 7
108		-	Section 6–226(a)(1) and ~~(2)(i) 8~~
109		-	Annotated Code of Maryland 9
110		-	(2021 Replacement Volume and 2024 Supplement) 10
	105	+	BY repealing and reenacting, with amendments, 5
	106	+	Article – State Finance and Procurement 6
	107	+	Section 6–226(a)(2)(ii)204. and 205. 7
	108	+	Annotated Code of Maryland 8
	109	+	(2021 Replacement Volume and 2024 Supplement) 9
111	110
112		-	BY ~~repealing and reenacting,~~ ~~with amendments, 11~~
113		-	Article – State Finance and Procurement 12
114		-	Section 6–226(a)(2)(ii)~~204~~. ~~and 205. 13~~
115		-	Annotated Code of Maryland 14
116		-	(2021 Replacement Volume and 2024 Supplement) 15
	111	+	BY adding to 10
	112	+	Article – State Finance and Procurement 11
	113	+	Section 6–226(a)(2)(ii)206. 12
	114	+	Annotated Code of Maryland 13
	115	+	(2021 Replacement Volume and 2024 Supplement) 14
117	116
118		-	BY adding to 16
119		-	Article – State Finance and Procurement 17
120		-	Section 6–226(a)(2)(ii)206. 18
	117	+	BY renumbering 15
	118	+	Article – Environment 16
	119	+	Section 4–411(e) through (g) 17
	120	+	to be Section 4–411(d) through (f), respectively 18
121	121		Annotated Code of Maryland 19
122		-	(~~2021~~ Replacement Volume and 2024 Supplement) 20
	122	+	(2013 Replacement Volume and 2024 Supplement) 20
123	123
124		-	BY renumbering 21
125		-	Article – Environment 22
126		-	Section 4–411(e) through (g) 23
127		-	to be Section 4–411(d) through (f), respectively 24
128		-	Annotated Code of Maryland 25
129		-	(2013 Replacement Volume and 2024 Supplement) 26
	124	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
	125	+	That the Laws of Maryland read as follows: 22
130	126
131		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
132		-	That the Laws of Maryland read as follows: 28
	127	+	Article – Environment 23
133	128
134		-	~~Article – Environment 29~~
	129	+	2–107. 24
135	130
136		-	~~2–107~~. 30
	131	+	(a) There is a Maryland Clean Air Fund. 25
137	132
138		-	(a) There is a Maryland Clean Air Fund. 31
	133	+	(b) Except as provided in § 2–1002(g) of this title, all application fees, permit fees, 26
	134	+	renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of 27
	135	+	this article, or received from the Maryland Strategic Energy Investment Fund under § 28
	136	+	9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative 29
	137	+	penalty or any fine imposed by a court under these provisions, shall be paid into the 30
	138	+	Maryland Clean Air Fund. 31
139	139
140		-	(b) ~~Except as provided~~ in ~~§ 2–1002(g) of this title, all application fees, permit fees~~, 32
141		-	~~renewal fees, and funds collected by~~ the Department ~~under this title,~~ ~~Title 6,~~ ~~Subtitle 4 of~~ 33
142		-	~~this article, or received from the Maryland Strategic Energy Investment Fund under § 34~~
143		-	~~9–20B–05~~(~~g)(3)(iii~~) ~~of the State Government Article,~~ ~~including any civil or administrative 35~~
144		-	~~penalty or any fine imposed by a court under these provisions~~, ~~shall be paid into~~ the 36
145		-	~~Maryland Clean Air Fund.~~ 37
	140	+	(c) (1) Subject to the appropriation process in the annual operating budget, 32
	141	+	the Department shall use the Maryland Clean Air Fund for: 33
	142	+
	143	+	(i) Activities conducted under this title that are related to 34
	144	+	identifying, monitoring, REDUCING, and regulating air pollution in [this] THE State, 35
	145	+	including program development of these activities as provided in the State budget; and 36
146	146		4 SENATE BILL 250
147	147
148	148
149		-	(c) (1) Subject to the appropriation process in the annual operating budget, 1
150		-	the Department shall use the Maryland Clean Air Fund for: 2
	149	+	(ii) Providing grants to local governments to supplement funding for 1
	150	+	programs conducted by local governments that are consistent with this title and the State 2
	151	+	program. 3
151	152
152		-	(i) Activities conducted under this title that are related to 3
153		-	identifying, MITIGATING, monitoring, REDUCING, and regulating air pollution in [this] 4
154		-	THE State, including program development of these activities as provided in the State 5
155		-	budget; and 6
	153	+	(2) Subject to Title 10, Subtitle 1 of the State Government Article 4
	154	+	(Administrative Procedure Act – Regulations), the Department shall adopt rules and 5
	155	+	regulations for the management and use of the money in the Fund. 6
156	156
157		-	(ii) Providing grants to local governments to supplement funding for 7
158		-	programs conducted by local governments that are consistent with this title and the State 8
159		-	program. 9
	157	+	(3) At the end of the fiscal year, the Department shall: 7
160	158
161		-	(2) Subject to Title 10, Subtitle 1 of the State Government Article 10
162		-	(Administrative Procedure Act – Regulations), the Department shall adopt rules and 11
163		-	regulations for the management and use of the money in the Fund. 12
	159	+	(i) Prepare an annual report on: 8
164	160
165		-	(3) At the end of the fiscal year, the Department shall: 13
	161	+	1. The Maryland Clean Air Fund that includes an accounting 9
	162	+	of all financial receipts and expenditures to and from the Fund; and 10
166	163
167		-	(i) Prepare an annual report on: 14
	164	+	2. Any relevant information regarding the federal approval 11
	165	+	process, the effectiveness of the permitting program, and any other issues related to the 12
	166	+	operation of the permitting program established under § 2–401 of this title; 13
168	167
169		-	1. The ~~Maryland Clean Air Fund that includes an accounting 15~~
170		-	of ~~all financial receipts and expenditures to and from~~ the ~~Fund~~; and 16
	168	+	(ii) Provide a copy of the report to the General Assembly, as provided 14
	169	+	under § 2–1257 of the State Government Article; and 15
171	170
172		-	2. Any relevant information regarding the federal approval 17
173		-	process, the effectiveness of the permitting program, and any other issues related to the 18
174		-	operation of the permitting program established under § 2–401 of this title; 19
	171	+	(iii) Upon request, make the report available to permit holders under 16
	172	+	this title. 17
175	173
176		-	(ii) Provide a copy of the report to the General Assembly, as provided 20
177		-	under § 2–1257 of the State Government Article; and 21
	174	+	(4) [When the Fund equals or exceeds a maximum limit of $2,000,000, 18
	175	+	additional money received for the Fund by the Department shall be deposited to the 19
	176	+	General Fund] MONEY DEPOSITED INTO THE FUND IS NOT SUBJECT T O § 7–302 OF 20
	177	+	THE STATE FINANCE AND PROCUREMENT ARTICLE AND MAY NOT R EVERT TO THE 21
	178	+	GENERAL FUND OF THE STATE. 22
178	179
179		-	(iii) Upon request, make the report available to permit holders under 22
180		-	this title. 23
	180	+	2–403. 23
181	181
182		-	(4) [When the Fund equals or exceeds a maximum limit of $2,000,000, 24
183		-	additional money received for the Fund by the Department shall be deposited to the 25
184		-	General Fund] MONEY DEPOSITED INTO THE FUND IS NOT SUBJECT T O § 7–302 OF 26
185		-	THE STATE FINANCE AND PROCUREMENT ARTICLE AND MAY NOT R EVERT TO THE 27
186		-	GENERAL FUND OF THE STATE. 28
	182	+	(a) (1) The Department, by regulation, shall require and collect a fee for each 24
	183	+	permit issued under § 2–401 of this subtitle. 25
187	184
188		-	2–403. 29
	185	+	(2) In adopting the regulations under this section, the Department shall 26
	186	+	consult with industry to determine that the permit fee is reasonable and directly related to 27
	187	+	the actual cost of the permitting and regulatory activity, and does not exceed a certain 28
	188	+	dollar amount. 29
189	189
190		-	(a) (1) The Department, by regulation, shall require and collect a fee for each 30
191		-	permit issued under § 2–401 of this subtitle. 31
	190	+	(b) (1) The amount of the fees shall cover: 30
192	191
193		-	(2) In adopting the regulations under this section, the Department shall 32
194		-	consult with industry to determine that the permit fee is reasonable and directly related to 33 SENATE BILL 250 5
	192	+	(i) The reasonable cost of reviewing and acting on the application 31
	193	+	for the permits; 32
	194	+	SENATE BILL 250 5
195	195
196	196
197		-	the actual cost of the permitting and regulatory activity, and does not exceed a certain 1
198		-	dollar amount. 2
	197	+	(ii) The reasonable costs incurred in implementing and enforcing the 1
	198	+	terms and conditions of the permits, exclusive of any court costs or other costs associated 2
	199	+	with any enforcement actions; and 3
199	200
200		-	(b) (1) The amount of the fees shall cover: 3
	201	+	(iii) The costs identified in § 502(b)(3) of the Clean Air Act 4
	202	+	Amendments of 1990. 5
201	203
202		-	(i) ~~The reasonable cost of reviewing~~ and ~~acting on the application 4~~
203		-	for the ~~permits; 5~~
	204	+	(2) Fees assessed and collected under this section shall be used exclusively 6
	205	+	for the development and administration of the permit program under this subtitle. 7
204	206
205		-	(ii) The reasonable costs incurred in implementing and enforcing the 6
206		-	terms and conditions of the permits, exclusive of any court costs or other costs associated 7
207		-	with any enforcement actions; and 8
	207	+	(c) (1) The fee established under this section may not exceed[: 8
208	208
209		-	(iii) The costs identified in § 502(b)(3) of the Clean Air Act 9
210		-	Amendments of 1990. 10
	209	+	(i) $50] $200 per ton of regulated emissions[; and 9
211	210
212		-	(2) Fees assessed and collected under this section shall be used exclusively 11
213		-	for the development and administration of the permit program under this subtitle. 12
	211	+	(ii) $500,000 for any single source in calendar years 2008 and 2009]. 10
214	212
215		-	(c) (1) The fee established under this section may not exceed[: 13
	213	+	(2) For purposes of calculating fees under this section, carbon dioxide 11
	214	+	emissions shall be excluded. 12
216	215
217		-	(i) $50] $200 per ton of regulated emissions[; and 14
	216	+	(3) The fee established under this section may be adjusted to reflect 13
	217	+	changes in the Consumer Price Index[, as authorized by 40 C.F.R. Part 70 (Operating 14
	218	+	Permit Program)]. 15
218	219
219		-	(ii) $500,000 for any single source in calendar years 2008 and 2009]. 15
	220	+	SECTION 2. AND BE IT FURTH ER ENACTED, That the Laws of Maryland read 16
	221	+	as follows: 17
220	222
221		-	(2) For purposes of calculating fees under this section, carbon dioxide 16
222		-	emissions shall be excluded. 17
	223	+	Article – Environment 18
223	224
224		-	(3) The fee established under this section may be adjusted to reflect 18
225		-	changes in the Consumer Price Index[, as authorized by 40 C.F.R. Part 70 (Operating 19
226		-	Permit Program)]. 20
	225	+	1–301. 19
227	226
228		-	~~SECTION 2.~~ AND ~~BE IT FURTHER ENACTED, That~~ the ~~Laws~~ of ~~Maryland read 21~~
229		-	~~as follows:~~ 22
	227	+	(a) The Secretary shall carry out and enforce the provisions of this article and the 20
	228	+	rules and regulations adopted under this article. 21
230	229
231		-	Article – Environment 23
	230	+	(b) The Secretary may delegate duties, powers, and functions as provided in this 22
	231	+	article to a health officer for a county or to another county official authorized to administer 23
	232	+	and enforce environmental laws. 24
232	233
233		-	1–301. 24
	234	+	(c) In those counties where a county official other than the health officer is 25
	235	+	authorized to administer and enforce State environmental laws under this section, the 26
	236	+	county shall establish minimum qualifications for that county official that include 27
	237	+	standards of education and experience related to environmental issues. 28
234	238
235		-	(a) The Secretary shall carry out and enforce the provisions of this article and the 25
236		-	rules and regulations adopted under this article. 26
237		-
238		-	(b) The Secretary may delegate duties, powers, and functions as provided in this 27
239		-	article to a health officer for a county or to another county official authorized to administer 28
240		-	and enforce environmental laws. 29
241		-
242		-	(c) In those counties where a county official other than the health officer is 30
243		-	authorized to administer and enforce State environmental laws under this section, the 31 6 SENATE BILL 250
	239	+	(D) (1) THE DEPARTMENT MAY CHARGE A FEE FOR PROCESSING AND 29
	240	+	ISSUING ON –SITE SEWAGE DISPOSAL PERMITS AND INDIVIDU AL WELL 30
	241	+	CONSTRUCTION PERMITS IN A COUNTY IF: 31
	242	+	6 SENATE BILL 250
244	243
245	244
246		-	county shall establish minimum qualifications for that county official that include 1
247		-	standards of education and experience related to environmental issues. 2
	245	+	(I) 1. THE DEPARTMENT WITHDRAWS THE AUTHORITY 1
	246	+	DELEGATED UNDER THIS SECTION TO PROCESS A ND ISSUE ON –SITE SEWAGE 2
	247	+	DISPOSAL PERMITS OR INDIVIDUAL WELL CONS TRUCTION PERMITS FRO M A HEALTH 3
	248	+	OFFICER FOR THE COUN TY OR ANOTHER COUNTY OFFICIAL AUTHORIZED TO 4
	249	+	ADMINISTER AND ENFOR CE ENVIRONMENTAL LAW S; OR 5
248	250
249		-	(D) (1) THE IF THE DEPARTMENT PROCESSES AND ISSUES ON –SITE 3
250		-	SEWAGE DISPOSAL PERM ITS OR INDIVIDUAL WE LL CONSTRUCTION P ERMITS, THE 4
251		-	DEPARTMENT MAY CHARGE A FEE FOR PROCESSING AND ISSUING ON–SITE SEWAGE 5
252		-	DISPOSAL PERMITS AND INDIVIDUAL WELL CONS TRUCTION THE PERMITS IN A 6
253		-	COUNTY IF: 7
	251	+	2. THE HEALTH OFFICER OR COUNTY OFFICIAL 6
	252	+	RETURNS THE DELEGATE D AUTHORITY TO THE DEPARTMENT ; AND 7
254	253
255		-	(I) 1. THE DEPARTMENT WITHDRAWS THE AUTHORITY 8
256		-	DELEGATED UNDER THIS SECTION TO PROCESS A ND ISSUE ON–SITE SEWAGE 9
257		-	DISPOSAL PERMITS OR INDIVIDUAL WELL CONS TRUCTION PERMITS FRO M A HEALTH 10
258		-	OFFICER FOR THE COUN TY OR ANOTHER COUNTY OFFICIAL AUTHORIZED TO 11
259		-	ADMINISTER AND ENFOR CE ENVIRONMENTAL LAW S; OR 12
	254	+	(II) A LICENSED ENVIRONMENT AL HEALTH SPECIALIST 8
	255	+	REVIEWS AND APPROVES THE PERMITS. 9
260	256
261		-	2. THE HEALTH OFFICER OR COUNTY OFFICIAL 13
262		-	RETURNS THE DELEGATED AUTHOR ITY TO THE DEPARTMENT ; AND 14
	257	+	(2) (I) THE FEES: 10
263	258
264		-	~~(II) A A LICENSED ENVIRONMENT AL HEALTH SPECIALIST 15~~
265		-	~~REVIEWS~~ AND ~~APPROVES THE PERMITS. 16~~
	259	+	1. SHALL BE ESTABLISHED BY THE DEPARTMENT IN 11
	260	+	REGULATION ; AND 12
266	261
267		-	(2) (I) THE FEES: 17
	262	+	2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 13
	263	+	PARAGRAPH , MAY NOT EXCEED $575. 14
268	264
269		-	1. SHALL BE ESTABLISHED BY THE DEPARTMENT IN 18
270		-	REGULATION ; AND 19
	265	+	(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 15
	266	+	SUBPARAGRAPH , THE DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER 16
	267	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH IN ACCORDANCE WITH THE PERCENTAGE 17
	268	+	INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 18
	269	+	WASHINGTON METROPOLITAN AREA DURING THE PREVI OUS YEAR. 19
271	270
272		-	2. ~~EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS~~ 20
273		-	~~PARAGRAPH , MAY NOT EXCEED $575~~. 21
	271	+	2. THE DEPARTMENT MAY NOT AN NUALLY INCREASE 20
	272	+	THE FEES UNDER THIS SUBSECTION BY MORE T HAN 3%. 21
274	273
275		-	(II) 1. SUBJECT TO SUBSUBPARA GRAPH 2 OF THIS 22
276		-	SUBPARAGRAPH , THE DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER 23
277		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH IN ACCORDANCE WITH THE PERCENTAGE 24
278		-	INCREASE IN TH E CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 25
279		-	WASHINGTON METROPOLITAN AREA DURING THE PREVI OUS YEAR. 26
	274	+	(3) THE FEES COLLECTED BY THE DEPARTMENT UNDER THIS 22
	275	+	SUBSECTION SH ALL BE DEPOSITED INT O THE MARYLAND CLEAN WATER FUND IN § 23
	276	+	9–320 OF THIS ARTICLE. 24
280	277
281		-	2. THE DEPARTMENT MAY NOT AN NUALLY INCREASE 27
282		-	THE FEES UNDER THIS SUBSECTION BY MORE T HAN 3%. 28
	278	+	[(d)] (E) (1) (i) On or before October 1 of each year, the Secretary, in 25
	279	+	consultation with the Attorney General, shall submit to the Legislative Policy Committee, 26
	280	+	in accordance with § 2–1257 of the State Government Article, a report on enforcement 27
	281	+	activities conducted by the Department during the previous fiscal year. 28
283	282
284		-	(3) THE FEES COLLECTED BY THE DEPARTMENT UNDER THIS 29
285		-	SUBSECTION SHALL BE DEPOSITED INTO THE MARYLAND CLEAN WATER FUND IN § 30
286		-	9–320 OF THIS ARTICLE. 31
	283	+	(ii) The report shall: 29
287	284
288		-	[(d)] (E) (1) (i) On or before October 1 of each year, the Secretary, in 32
289		-	consultation with the Attorney General, shall submit to the Legislative Policy Committee, 33 SENATE BILL 250 7
	285	+	1. Include the information required under this subsection 30
	286	+	and any additional information concerning environmental enforcement that the Secretary 31
	287	+	decides to provide; 32
	288	+	SENATE BILL 250 7
290	289
291	290
292		-	THE SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT , THE 1
293		-	SENATE BUDGET AND TAXATION COMMITTEE, THE HOUSE ENVIRONMENT AND 2
294		-	TRANSPORTATION COMMITTEE, AND THE HOUSE APPROPRIATIONS COMMITTEE, in 3
295		-	accordance with § 2–1257 of the State Government Article, a report on enforcement 4
296		-	activities conducted by the Department during the previous fiscal year. 5
	291	+	2. Be available to the public as soon as it is forwarded to the 1
	292	+	Legislative Policy Committee; 2
297	293
298		-	(ii) The report shall: 6
	294	+	3. Include information on the total number of permits and 3
	295	+	licenses issued by or filed with the Department at any time and still in effect as of the last 4
	296	+	date of the fiscal year immediately preceding the date on which the report is filed; 5
299	297
300		-	1. Include ~~the~~ information ~~required under this subsection 7~~
301		-	~~and any additional information concerning environmental enforcement that~~ the ~~Secretary 8~~
302		-	~~decides to provide~~; 9
	298	+	4. Include information concerning specific enforcement 6
	299	+	actions taken with respect to the permits and licenses during the immediately preceding 7
	300	+	fiscal year; and 8
303	301
304		-	2. ~~Be available to~~ the ~~public as soon as it is forwarded to the 10~~
305		-	~~Legislative Policy Committee;~~ 11
	302	+	5. Include information on the type and number of contacts or 9
	303	+	consultations with businesses concerning compliance with State environmental laws. 10
306	304
307		-	3. Include information on the total number of permits and 12
308		-	licenses issued by or filed with the Department at any time and still in effect as of the last 13
309		-	date of the fiscal year immediately preceding the date on which the report is filed; 14
	305	+	(iii) The information required in the report under paragraph (3) of 11
	306	+	this subsection shall be organized according to each program specified. 12
310	307
311		-	4. Include information concerning specific enforcement 15
312		-	actions taken with respect to the permits and licenses during the immediately preceding 16
313		-	fiscal year; and 17
	308	+	(2) The report shall state the total amount of money as a result of 13
	309	+	enforcement actions, as of the end of the immediately preceding fiscal year: 14
314	310
315		-	5. Include information on the type and number of contacts or 18
316		-	consultations with businesses concerning compliance with State environmental laws. 19
	311	+	(i) Deposited in the Maryland Clean Air Fund; 15
317	312
318		-	(~~iii~~) ~~The information required~~ in the ~~report under paragraph (3) of 20~~
319		-	~~this subsection shall be organized according to each program specified. 21~~
	313	+	(ii) Deposited in the Maryland Oil Disaster Containment, Clean–Up 16
	314	+	and Contingency Fund; 17
320	315
321		-	(2) The report shall state the total amount of money as a result of 22
322		-	enforcement actions, as of the end of the immediately preceding fiscal year: 23
	316	+	(iii) Deposited in the Nontidal Wetland Compensation Fund; 18
323	317
324		-	(i) Deposited in the Maryland ~~Clean Air~~ Fund; 24
	318	+	(iv) Deposited in the Maryland Hazardous Substance Control Fund; 19
325	319
326		-	(ii) ~~Deposited~~ in ~~the Maryland Oil Disaster Containment, Clean–Up 25~~
327		-	and ~~Contingency Fund; 26~~
	320	+	(v) Recovered by the Department from responsible parties in 20
	321	+	accordance with § 7–221 of this article; and 21
328	322
329		-	(~~iii~~) Deposited in the ~~Nontidal Wetland Compensation~~ Fund~~; 27~~
	323	+	(vi) Deposited in the Maryland Clean Water Fund. 22
330	324
331		-	(iv) Deposited in the Maryland Hazardous Substance Control Fund; 28
	325	+	(3) (i) The report shall include the information specified in 23
	326	+	subparagraphs (ii), (iii), (iv), and (v) of this paragraph for each of the following programs in 24
	327	+	the Department: 25
332	328
333		-	~~(v) Recovered by the Department from responsible parties in 29~~
334		-	~~accordance with § 7–221 of this~~ article; ~~and 30~~
	329	+	1. Ambient air quality control under Title 2, Subtitle 4 of this 26
	330	+	article; 27
335	331
336		-	(vi) Deposited in the Maryland Clean Water Fund. 31
	332	+	2. Oil pollution under Title 4, Subtitle 4 of this article; 28
	333	+
	334	+	3. Nontidal wetlands under Title 5, Subtitle 9 of this article; 29
	335	+
	336	+	4. Asbestos under Title 6, Subtitle 4 of this article; 30
337	337		8 SENATE BILL 250
338	338
339	339
340		-	(3) (i) The report shall include the information specified in 1
341		-	subparagraphs (ii), (iii), (iv), and (v) of this paragraph for each of the following programs in 2
342		-	the Department: 3
	340	+	5. Lead paint under Title 6, Subtitle 8 of this article; 1
343	341
344		-	1. ~~Ambient air quality control~~ under Title 2, Subtitle ~~4 of this 4~~
345		-	article; 5
	342	+	6. Controlled hazardous substances under Title 7, Subtitle 2 2
	343	+	of this article; 3
346	344
347		-	2. Oil pollution under Title 4, Subtitle 4 of this article; 6
	345	+	7. Water supply, sewerage systems, and refuse disposal 4
	346	+	systems under Title 9, Subtitle 2 of this article; 5
348	347
349		-	3. ~~Nontidal wetlands~~ under Title 5, Subtitle 9 of this article; 7
	348	+	8. Water discharges under Title 9, Subtitle 3 of this article; 6
350	349
351		-	4. ~~Asbestos~~ under Title 6, Subtitle 4 of this article; 8
	350	+	9. Drinking water under Title 9, Subtitle 4 of this article; and 7
352	351
353		-	5. ~~Lead paint~~ under Title 6, Subtitle 8 of this article~~; 9~~
	352	+	10. Wetlands under Title 16, Subtitle 2 of this article. 8
354	353
355		-	~~6. Controlled hazardous substances under Title 7,~~ ~~Subtitle 2 10~~
356		-	of ~~this article; 11~~
	354	+	(ii) For each of the programs set forth in subparagraph (i) of this 9
	355	+	paragraph, the Department shall provide the total number or amount of: 10
357	356
358		-	7. ~~Water supply~~, ~~sewerage systems,~~ ~~and refuse disposal 12~~
359		-	~~systems under Title 9~~, ~~Subtitle 2 of this article~~; 13
	357	+	1. Final permits or licenses issued to a person or facility, as 11
	358	+	appropriate, and not surrendered, suspended, or revoked; 12
360	359
361		-	8. Water discharges under Title 9, Subtitle 3 of this article; 14
	360	+	2. Inspections, audits, or spot checks performed at facilities 13
	361	+	permitted; 14
362	362
363		-	9. ~~Drinking water under Title 9, Subtitle 4 of this article~~; ~~and~~ 15
	363	+	3. Injunctions obtained; 15
364	364
365		-	10. ~~Wetlands under Title 16~~, ~~Subtitle 2 of this article.~~ 16
	365	+	4. Show cause, remedial, and corrective action orders issued; 16
366	366
367		-	(ii) For each of the programs set forth in subparagraph (i) of this 17
368		-	paragraph, the Department shall provide the total number or amount of: 18
	367	+	5. Stop work orders; 17
369	368
370		-	1. Final permits or licenses issued to a person or facility, as 19
371		-	appropriate, and not surrendered, suspended, or revoked; 20
	369	+	6. Administrative or civil penalties obtained; 18
372	370
373		-	2. ~~Inspections~~, ~~audits~~, ~~or spot checks performed at facilities 21~~
374		-	~~permitted~~; 22
	371	+	7. Criminal actions charged, convictions obtained, 19
	372	+	imprisonment time ordered, and criminal fines received; and 20
375	373
376		-	3. Injunctions obtained; 23
	374	+	8. Any other actions taken by the Department to enforce the 21
	375	+	requirements of the applicable environmental program, including: 22
377	376
378		-	4. Show cause, remedial, and corrective action orders issued; 24
	377	+	A. Notices of the removal or encapsulation of asbestos under 23
	378	+	§ 6–414.1 of this article; and 24
379	379
380		-	5. Stop work orders; 25
	380	+	B. Actions enforcing user charges against industrial users 25
	381	+	under § 9–341 of this article. 26
381	382
382		-	6. Administrative or civil penalties obtained; 26
383		-
384		-	7. Criminal actions charged, convictions obtained, 27
385		-	imprisonment time ordered, and criminal fines received; and 28
	383	+	(iii) In addition to the information required in subparagraph (ii) of 27
	384	+	this paragraph, for the Lead Paint Program under Title 6, Subtitle 8 of this article, the 28
	385	+	report shall include the total number or amount of: 29
386	386		SENATE BILL 250 9
387	387
388	388
389		-	8. Any other actions taken by the Department to enforce the 1
390		-	requirements of the applicable environmental program, including: 2
	389	+	1. Affected properties registered; and 1
391	390
392		-	A. ~~Notices of~~ the ~~removal or encapsulation of asbestos under 3~~
393		-	~~§ 6–414~~.~~1 of this article; and 4~~
	391	+	2. Inspectors or other persons accredited by the Department, 2
	392	+	for whom accreditation has not been surrendered, suspended, or revoked. 3
394	393
395		-	B. Actions enforcing user charges against industrial users 5
396		-	under § 9–341 of this article. 6
	394	+	(iv) In addition to the information required in subparagraph (ii) of 4
	395	+	this paragraph, for the Controlled Hazardous Substances Program under Title 7, Subtitle 5
	396	+	2 of this article, the report shall include the following lists, updated to reflect the most 6
	397	+	recent information available for the immediately preceding fiscal year: 7
397	398
398		-	(iii) In addition to the information required in subparagraph (ii) of 7
399		-	this paragraph, for the Lead Paint Program under Title 6, Subtitle 8 of this article, the 8
400		-	report shall include the total number or amount of: 9
	399	+	1. Possible controlled hazardous substance sites compiled in 8
	400	+	accordance with § 7–223(a) of this article; 9
401	401
402		-	1. Affected properties registered; and 10
	402	+	2. Proposed sites listed in accordance with § 7–223(c) of this 10
	403	+	article at which the Department intends to conduct preliminary site assessments; and 11
403	404
404		-	2. ~~Inspectors or other persons accredited by~~ the ~~Department, 11~~
405		-	~~for whom accreditation has not been surrendered,~~ ~~suspended, or revoked~~. 12
	405	+	3. Hazardous waste sites in the disposal site registry 12
	406	+	compiled in accordance with § 7–223(f) of this article. 13
406	407
407		-	(iv) In addition to the information required in subparagraph (ii) of 13
408		-	this paragraph, for the Controlled Hazardous Substances Program under Title 7, Subtitle 14
409		-	2 of this article, the report shall include the following lists, updated to reflect the most 15
410		-	recent information available for the immediately preceding fiscal year: 16
	408	+	(v) In addition to the information required in subparagraph (ii) of 14
	409	+	this paragraph, for the Drinking Water Program, the report shall include the total number 15
	410	+	of: 16
411	411
412		-	1. Possible controlled hazardous substance sites compiled in 17
413		-	accordance with § 7–223(a) of this article; 18
	412	+	1. Actions to prevent public water system contamination or 17
	413	+	to respond to a Safe Drinking Water Act emergency under §§ 9–405 and 9–406 of this 18
	414	+	article; and 19
414	415
415		-	2. ~~Proposed sites listed in accordance with § 7–223(c) of this 19~~
416		-	article ~~at which the Department intends to conduct preliminary site assessments; and 20~~
	416	+	2. Notices given to the public by public water systems under 20
	417	+	§ 9–410 of this article. 21
417	418
418		-	3. Hazardous waste sites in the disposal site registry 21
419		-	compiled in accordance with § 7–223(f) of this article. 22
	419	+	4–104. 22
420	420
421		-	(v) In ~~addition to the information required in subparagraph (ii) of~~ 23
422		-	~~this paragraph,~~ ~~for the Drinking Water Program,~~ ~~the report shall include the total number~~ 24
423		-	~~of:~~ 25
	421	+	(a) In this section, “responsible personnel” means any foreman, superintendent, 23
	422	+	or project engineer who is in charge of on–site clearing and grading operations or sediment 24
	423	+	control associated with a construction project. 25
424	424
425		-	1. Actions to prevent public water system contamination or 26
426		-	to respond to a Safe Drinking Water Act emergency under §§ 9–405 and 9–406 of this 27
427		-	article; and 28
	425	+	(b) (1) After July 1, 1983, any applicant for sediment and erosion control plan 26
	426	+	approval shall certify to the appropriate jurisdiction that any responsible personnel 27
	427	+	involved in the construction project will have a certificate of attendance at a Department 28
	428	+	[of the Environment] approved training program for the control of sediment and erosion 29
	429	+	before beginning the project. 30
428	430
429		-	2. Notices given to the public by public water systems under 29
430		-	§ 9–410 of this article. 30
	431	+	(2) A certificate shall be [valid]: 31
431	432
432		-	4–104. 31
	433	+	(I) VALID for a 3–year period[. A certificate shall be automatically]; 32
	434	+	AND 33
433	435		10 SENATE BILL 250
434	436
435	437
436		-	(a) In this section, “responsible personnel” means any foreman, superintendent, 1
437		-	or project engineer who is in charge of on–site clearing and grading operations or sediment 2
438		-	control associated with a construction project. 3
	438	+	(II) AUTOMATICALLY renewed unless the Department [of the 1
	439	+	Environment] notifies the certificate holder that additional training is required. 2
439	440
440		-	(b) (1) After July 1, 1983, any applicant for sediment and erosion control plan 4
441		-	approval shall certify to the appropriate jurisdiction that any responsible personnel 5
442		-	involved in the construction project will have a certificate of attendance at a Department 6
443		-	[of the Environment] approved training program for the control of sediment and erosion 7
444		-	before beginning the project. 8
	441	+	(c) The appropriate governmental entity authorized to approve grading and 3
	442	+	sediment control plans may waive the requirement of this section for the responsible 4
	443	+	personnel on any project involving four or fewer residential units. 5
445	444
446		-	(2) A certificate shall be [valid]: 9
	445	+	(d) Any person may develop and conduct a training program if the program 6
	446	+	content and instructor are approved by and meet the requirements set by the Department 7
	447	+	[of the Environment]. 8
447	448
448		-	(I) ~~VALID~~ for ~~a 3–year period[. A certificate shall be automatically]; 10~~
449		-	AND 11
	449	+	(E) (1) THE DEPARTMENT MAY ESTABL ISH BY REGULATION A FEE FOR 9
	450	+	PROCESSING AND ISSUI NG THE CERTIFICATION . 10
450	451
451		-	(II) AUTOMATICALLY renewed unless the Department [of the 12
452		-	Environment] notifies the certificate holder that additional training is required. 13
	452	+	(2) A FEE ESTABLISHED UNDE R THIS SUBSECTION SH ALL BE SET AT 11
	453	+	A RATE THAT PRODUCES FUNDS APPROXIMATELY THE SAME AS THE COST OF 12
	454	+	PROCESSING AND ISSUING THE CERTIFICATION . 13
453	455
454		-	(c) The ~~appropriate governmental entity authorized to approve grading and~~ 14
455		-	~~sediment control plans may waive~~ the ~~requirement~~ of this ~~section for the responsible~~ 15
456		-	~~personnel on any project involving four or fewer residential units~~. 16
	456	+	(3) THE DEPARTMENT SHALL DEPO SIT ANY FEE COLLECTE D UNDER 14
	457	+	THIS SUBSECTION INTO THE MARYLAND CLEAN WATER FUND IN § 9–320 OF THIS 15
	458	+	ARTICLE. 16
457	459
458		-	(d) Any person may develop and conduct a training program if the program 17
459		-	content and instructor are approved by and meet the requirements set by the Department 18
460		-	[of the Environment]. 19
	460	+	4–411. 17
461	461
462		-	(E) (1) THE DEPARTMENT MAY ESTABLISH BY REGULAT ION A FEE FOR 20
463		-	PROCESSING AND ISSUI NG THE CERTIFICATION . 21
	462	+	(a) (1) In this section the following words have the meanings indicated. 18
464	463
465		-	(2) A FEE ESTABLISHED UNDE R THIS SUBSECTION SH ALL BE SET AT 22
466		-	A RATE THAT PRODUCES FUNDS APPROXIMATELY THE SAME AS THE COST OF 23
467		-	PROCESSING AND ISSUI NG THE CERTIFICATION . 24
	464	+	(2) “Barrel” means any measure of petroleum products or its by–products 19
	465	+	which consists of 42.0 U.S. gallons of liquid measure. 20
468	466
469		-	(3) THE DEPARTMENT SHALL DEPO SIT ANY FEE COLLECTE D UNDER 25
470		-	THIS SUBSECTION INTO THE MARYLAND CLEAN WATER FUND IN § 9–320 OF THIS 26
471		-	ARTICLE. 27
	467	+	(3) “Fund” means the Maryland Oil Disaster Containment, Clean–Up and 21
	468	+	Contingency Fund. 22
472	469
473		-	4–411. 28
	470	+	(4) “Transfer” means the offloading or onloading of oil [in] INTO the State 23
	471	+	from or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means 24
	472	+	used for transporting oil. 25
	473	+
	474	+	(b) A person other than a vessel or barge may not transfer oil [in] INTO the State 26
	475	+	without a license. 27
	476	+
	477	+	(c) (2) The fee on any barrel TRANSFERRED INTO THE STATE UNDER A 28
	478	+	LICENSE shall be [imposed]: 29
	479	+
	480	+	(I) PAID BY THE LICENSEE THAT OWNS THE OIL WH EN THE OIL 30
	481	+	IS FIRST TRANSFERRED INTO THE STATE; AND 31
	482	+	SENATE BILL 250 11
	483	+
	484	+
	485	+	(II) IMPOSED only once, at the point of first transfer [in] INTO the 1
	486	+	State. 2
	487	+
	488	+	(3) The [license] fee UNDER PARAGRAPH (2) OF THIS SUBSECTION shall 3
	489	+	be[: 4
	490	+
	491	+	(i) Credited] CREDITED to the Maryland Oil Disaster Containment, 5
	492	+	Clean–Up and Contingency Fund and based on: 6
	493	+
	494	+	[1.] (I) Before July 1, [2024] 2030, a [7.75] 9 cents per 7
	495	+	barrel fee for oil transferred [in] INTO the State; and 8
	496	+
	497	+	[2.] (II) On or after July 1, [2024] 2030, a 5 cents per barrel 9
	498	+	fee for oil transferred [in] INTO the State[; and 10
	499	+
	500	+	(ii) Until July 1, 2024, based on an additional 0.25 cent per barrel 11
	501	+	fee for oil transferred in the State and credited to the Oil Contaminated Site Environmental 12
	502	+	Cleanup Fund as described in Subtitle 7 of this title]. 13
	503	+
	504	+	(7) The Department shall [promulgate rules and] ADOPT regulations, 14
	505	+	establish audit procedures for the audit of licensees, and prescribe and publish forms as 15
	506	+	may be necessary to effectuate the purposes of this section. 16
	507	+
	508	+	[(d) As a condition precedent to the issuance or renewal of a license, the 17
	509	+	Department shall require satisfactory evidence that the applicant has implemented or is in 18
	510	+	the process of implementing State and federal plans and regulations to control pollution 19
	511	+	related to oil, petroleum products, and their by–products and the abatement thereof when 20
	512	+	a discharge occurs.] 21
	513	+
	514	+	[(h)] (G) (1) The Department shall provide the standing committees of the 22
	515	+	Maryland General Assembly with primary jurisdiction over this section with a status report 23
	516	+	on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State 24
	517	+	Government Article. 25
	518	+
	519	+	(2) The report shall include an accounting of all money expended for each 26
	520	+	of the purposes specified in subsection [(g)] (F) of this section. 27
	521	+
	522	+	5–203.1. 28
474	523
475	524		(a) (1) In this section the following words have the meanings indicated. 29
476	525
477		-	(2) “~~Barrel~~” means ~~any measure of petroleum products~~ or ~~its by–products~~ 30
478		-	~~which consists~~ of ~~42.0 U.S. gallons of liquid measure~~. 31
	526	+	(2) (i) “Commercial activity” means a project or activity undertaken for 30
	527	+	consideration, regardless of whether a profit is made. 31
479	528
480		-	(3) “Fund” means the Maryland Oil Disaster Containment, Clean–Up and 32
481		-	Contingency Fund. 33 SENATE BILL 250 11
	529	+	(ii) “Commercial activity” includes: 32
	530	+	12 SENATE BILL 250
	531	+
	532	+
	533	+	1. A subdivision; 1
	534	+
	535	+	2. A development; and 2
	536	+
	537	+	3. Constructing or operating a marina. 3
	538	+
	539	+	(3) “Commercial building” means a building that is used primarily for 4
	540	+	commercial activity. 5
	541	+
	542	+	(4) “Development” means a project for the construction of: 6
	543	+
	544	+	(i) Two or more residential dwelling units; 7
	545	+
	546	+	(ii) A commercial structure; or 8
	547	+
	548	+	(iii) An industrial structure. 9
	549	+
	550	+	(5) “Dwelling unit” means a property that contains: 10
	551	+
	552	+	(i) One or more rooms used as a residence; 11
	553	+
	554	+	(ii) Kitchen facilities; and 12
	555	+
	556	+	(iii) Bathroom facilities. 13
	557	+
	558	+	(6) “Major project” means a project that: 14
	559	+
	560	+	(i) Proposes to permanently impact 5,000 square feet or more of 15
	561	+	wetlands or waterways, including the 100–year floodplain; 16
	562	+
	563	+	(ii) Is located in an area identified as potentially impacting a 17
	564	+	nontidal wetland of special State concern by a geographical information system database 18
	565	+	that: 19
	566	+
	567	+	1. Has been developed and maintained by the Department of 20
	568	+	Natural Resources; and 21
	569	+
	570	+	2. Is used by the Department to screen incoming 22
	571	+	applications; or 23
	572	+
	573	+	(iii) Requires the issuance of a public notice by the Department. 24
	574	+
	575	+	(7) “Marina” means a facility for the mooring, docking, or storing of more 25
	576	+	than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or 26
	577	+	community facility. 27
	578	+
	579	+	(8) “Minor project” means a project that: 28 SENATE BILL 250 13
482	580
483	581
484	582
485		-	(4) “Transfer” means the offloading or onloading of oil [in] INTO the State 1
486		-	from or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means 2
487		-	used for transporting oil. 3
	583	+	(i) Proposes to permanently impact less than 5,000 square feet of 1
	584	+	wetlands or waterways, including the 100–year floodplain; and 2
488	585
489		-	(b) A person other than a vessel or barge may not transfer oil [in] INTO the State 4
490		-	without a license. 5
	586	+	(ii) Does not meet the definition of a major project. 3
491	587
492		-	(c) ~~(2) The fee on any barrel TRANSFERRED INTO THE STATE UNDER~~ A 6
493		-	~~LICENSE shall be [imposed]: 7~~
	588	+	(9) “Residential activity” means a noncommercial activity that is conducted 4
	589	+	on residential property. 5
494	590
495		-	(I) ~~PAID BY THE LICENSEE~~ THAT ~~OWNS THE OIL WH EN THE OIL 8~~
496		-	IS ~~FIRST TRANSFERRED INTO THE STATE;~~ ~~AND 9~~
	591	+	(10) (i) “Residential property” means improved property that is used 6
	592	+	primarily as a residence or unimproved property that is zoned for use as a residence. 7
497	593
498		-	(II) IMPOSED only once, at the point of first transfer [in] INTO the 10
499		-	State. 11
	594	+	(ii) “Residential property” includes: 8
500	595
501		-	(3) The [license] fee UNDER PARAGRAPH (2) OF THIS SUBSECTION shall 12
502		-	be[: 13
	596	+	1. Property owned by a homeowners’ association; and 9
503	597
504		-	(i) Credited] CREDITED to the Maryland Oil Disaster Containment, 14
505		-	Clean–Up and Contingency Fund and based on: 15
	598	+	2. A condominium. 10
506	599
507		-	[1.] (I) Before July 1, [2024] 2030, a [7.75] 9 cents per 16
508		-	barrel fee for oil transferred [in] INTO the State; and 17
	600	+	(iii) “Residential property” does not include: 11
509	601
510		-	[2.] (II) On or after July 1, [2024] 2030, a 5 cents per barrel 18
511		-	fee for oil transferred [in] INTO the State[; and 19
	602	+	1. A commercial building; 12
512	603
513		-	(ii) Until July 1, 2024, based on an additional 0.25 cent per barrel 20
514		-	fee for oil transferred in the State and credited to the Oil Contaminated Site Environmental 21
515		-	Cleanup Fund as described in Subtitle 7 of this title]. 22
	604	+	2. A marina; or 13
516	605
517		-	(7) The Department shall [promulgate rules and] ADOPT regulations, 23
518		-	establish audit procedures for the audit of licensees, and prescribe and publish forms as 24
519		-	may be necessary to effectuate the purposes of this section. 25
	606	+	3. A residential apartment complex or building. 14
520	607
521		-	[(d) As a condition precedent to the issuance or renewal of a license, the 26
522		-	Department shall require satisfactory evidence that the applicant has implemented or is in 27
523		-	the process of implementing State and federal plans and regulations to control pollution 28
524		-	related to oil, petroleum products, and their by–products and the abatement thereof when 29
525		-	a discharge occurs.] 30
	608	+	(11) (i) “Subdivision” means the division of a lot, tract, or parcel of land 15
	609	+	into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or 16
	610	+	future purpose of selling or development. 17
526	611
527		-	[(h)] (G) (1) The Department shall provide the standing committees of the 31
528		-	Maryland General Assembly with primary jurisdiction over this section with a status report 32 12 SENATE BILL 250
	612	+	(ii) “Subdivision” includes resubdivision. 18
529	613
	614	+	(12) “TIER II HIGH QUALITY WATERSHED” MEANS THE LAND AND 19
	615	+	WATER AREA WHICH DRAINS TO WARD OR INTO A TIER II HIGH QUALITY WATER AS 20
	616	+	DESIGNATED AND IDENT IFIED IN A GEOGRAPHI C INFORMATION SYSTEM BY THE 21
	617	+	DEPARTMENT . 22
530	618
531		-	on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State 1
532		-	Government Article. 2
	619	+	(b) (1) Except as provided under paragraphs (2), (3), [and] (6), AND (7) of this 23
	620	+	subsection, all applications for wetlands and waterways authorizations issued by the 24
	621	+	Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of 25
	622	+	this article or wetlands licenses issued by the Board of Public Works under § 16–202 of this 26
	623	+	article shall be accompanied by an application fee as follows: 27
533	624
534		-	(2) The report shall include an accounting of all money expended for each 3
535		-	of the purposes specified in subsection [(g)] (F) of this section. 4
536		-
537		-	5–203.1. 5
538		-
539		-	(a) (1) In this section the following words have the meanings indicated. 6
540		-
541		-	(2) (i) “Commercial activity” means a project or activity undertaken for 7
542		-	consideration, regardless of whether a profit is made. 8
543		-
544		-	(ii) “Commercial activity” includes: 9
545		-
546		-	1. A subdivision; 10
547		-
548		-	2. A development; and 11
549		-
550		-	3. Constructing or operating a marina. 12
551		-
552		-	(3) “Commercial building” means a building that is used primarily for 13
553		-	commercial activity. 14
554		-
555		-	(4) “Development” means a project for the construction of: 15
556		-
557		-	(i) Two or more residential dwelling units; 16
558		-
559		-	(ii) A commercial structure; or 17
560		-
561		-	(iii) An industrial structure. 18
562		-
563		-	(5) “Dwelling unit” means a property that contains: 19
564		-
565		-	(i) One or more rooms used as a residence; 20
566		-
567		-	(ii) Kitchen facilities; and 21
568		-
569		-	(iii) Bathroom facilities. 22
570		-
571		-	(6) “Major project” means a project that: 23
572		-
573		-	(i) Proposes to permanently impact 5,000 square feet or more of 24
574		-	wetlands or waterways, including the 100–year floodplain; 25
575		-	SENATE BILL 250 13
576		-
577		-
578		-	(ii) Is located in an area identified as potentially impacting a 1
579		-	nontidal wetland of special State concern by a geographical information system database 2
580		-	that: 3
581		-
582		-	1. Has been developed and maintained by the Department of 4
583		-	Natural Resources; and 5
584		-
585		-	2. Is used by the Department to screen incoming 6
586		-	applications; or 7
587		-
588		-	(iii) Requires the issuance of a public notice by the Department. 8
589		-
590		-	(7) “Marina” means a facility for the mooring, docking, or storing of more 9
591		-	than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or 10
592		-	community facility. 11
593		-
594		-	(8) “Minor project” means a project that: 12
595		-
596		-	(i) Proposes to permanently impact less than 5,000 square feet of 13
597		-	wetlands or waterways, including the 100–year floodplain; and 14
598		-
599		-	(ii) Does not meet the definition of a major project. 15
600		-
601		-	(9) “Residential activity” means a noncommercial activity that is conducted 16
602		-	on residential property. 17
603		-
604		-	(10) (i) “Residential property” means improved property that is used 18
605		-	primarily as a residence or unimproved property that is zoned for use as a residence. 19
606		-
607		-	(ii) “Residential property” includes: 20
608		-
609		-	1. Property owned by a homeowners’ association; and 21
610		-
611		-	2. A condominium. 22
612		-
613		-	(iii) “Residential property” does not include: 23
614		-
615		-	1. A commercial building; 24
616		-
617		-	2. A marina; or 25
618		-
619		-	3. A residential apartment complex or building. 26
620		-
621		-	(11) (i) “Subdivision” means the division of a lot, tract, or parcel of land 27
622		-	into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or 28
623		-	future purpose of selling or development. 29
	625	+	(i) For an application for a minor project or general permit.....[$750] 28
	626	+	$980; 29
624	627		14 SENATE BILL 250
625	628
626	629
627		-	(ii) “Subdivision” includes resubdivision. 1
	630	+	(ii) For an application for a minor modification…….………..[$250] 1
	631	+	$330; 2
628	632
629		-	(12) “TIER II HIGH QUALITY WATERSHED” MEANS THE LAND AND 2
630		-	WATER AREA WHICH DRA INS TOWARD OR INT O A TIER II HIGH QUALITY WATER AS 3
631		-	DESIGNATED AND IDENT IFIED IN A GEOGRAPHI C INFORMATION SYSTEM BY THE 4
632		-	DEPARTMENT . 5
	633	+	(iii) For an application for a major project with a proposed permanent 3
	634	+	impact of: 4
633	635
634		-	(b) (1) Except as provided under paragraphs (2), (3), [and] (6), AND (7) of this 6
635		-	subsection, all applications for wetlands and waterways authorizations issued by the 7
636		-	Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of 8
637		-	this article or wetlands licenses issued by the Board of Public Works under § 16–202 of this 9
638		-	article shall be accompanied by an application fee as follows: 10
	636	+	1. Less than 1/4 acre…………………………………… [$1,500] 5
	637	+	$1,950; 6
639	638
640		-	~~(i) For an application for a minor project or general permit~~.....[$~~750~~] 11
641		-	$~~980~~; 12
	639	+	2. At least 1/4 acre, but less than 1/2 acre…..…..[$3,000] 7
	640	+	$3,890; 8
642	641
643		-	(ii) For an application for a minor modification………...[$250] $330; 13
	642	+	3. At least 1/2 acre, but less than 3/4 acre……....[$4,500] 9
	643	+	$5,830; 10
644	644
645		-	~~(iii) For an application for a major project with a proposed permanent 14~~
646		-	~~impact of:~~ 15
	645	+	4. At least 3/4 acre, but less than 1 acre………...[$6,000] 11
	646	+	$7,780; and 12
647	647
648		-	1. Less than 1/4 acre…………………………. [$1,500] $1,950; 16
	648	+	5. 1 acre or more…....the impact area in acres multiplied by 13
	649	+	[$7,500] $9,720; and 14
649	650
650		-	2. At least 1/4 acre, but less than 1/2 acre....[$3,000] $3,890; 17
	651	+	(iv) For an application for a major modification………… [$1,500] 15
	652	+	$1,950. 16
651	653
652		-	~~3. At least 1/2 acre,~~ ~~but less than 3/4 acre…...[$4,500] 18~~
653		-	~~$5,830; 19~~
	654	+	(2) The following are exempt from the application fees established under 17
	655	+	paragraph (1) of this subsection: 18
654	656
655		-	4. At least 3/4 acre, but less than 1 acre…...[$6,000] $7,780; 20
656		-	and 21
	657	+	(i) Regulated activities conducted by the State, a municipal 19
	658	+	corporation, county, bicounty or multicounty agency under Division II of the Land Use 20
	659	+	Article or Division II of the Public Utilities Article, or a unit of the State, a municipal 21
	660	+	corporation, or a county; 22
657	661
658		-	5. 1 acre or more.....the impact area in acres multiplied by 22
659		-	[$7,500] $9,720; and 23
	662	+	(ii) Performance of agricultural best management practices 23
	663	+	contained in a soil conservation and water quality plan approved by the appropriate soil 24
	664	+	conservation district; 25
660	665
661		-	(iv) For an application for a major modification…….[$1,500] $1,950. 24
	666	+	(iii) Performance of forestry best management practices contained in 26
	667	+	an erosion and sediment control plan: 27
662	668
663		-	(2) The following are exempt from the application fees established under 25
664		-	paragraph (1) of this subsection: 26
	669	+	1. Prepared by a registered forester; and 28
665	670
666		-	~~(i) Regulated activities conducted~~ by the ~~State, a municipal 27~~
667		-	~~corporation, county, bicounty or multicounty agency under Division II of the Land Use 28~~
668		-	~~Article or Division II of the Public Utilities Article~~, ~~or a unit of the State~~, ~~a municipal 29~~
669		-	~~corporation~~, or ~~a county;~~ 30
670		-	SENATE BILL 250 15
	671	+	2. Approved by the appropriate soil conservation district; 29
	672	+
	673	+	(iv) Stream restoration, vegetative shoreline stabilization, wetland 30
	674	+	creation, or other project in which the primary effect is to enhance the State’s wetland or 31
	675	+	water resources; and 32 SENATE BILL 250 15
671	676
672	677
673		-	(ii) Performance of agricultural best management practices 1
674		-	contained in a soil conservation and water quality plan approved by the appropriate soil 2
675		-	conservation district; 3
676	678
677		-	(~~iii~~) ~~Performance~~ of ~~forestry best management practices contained in 4~~
678		-	~~an erosion and sediment control plan:~~ 5
	679	+	(v) Aquacultural activities for which the Department of Natural 1
	680	+	Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article. 2
679	681
680		-	1. Prepared by a registered forester; and 6
	682	+	(3) Except as provided in paragraph (4) of this subsection, the following 3
	683	+	shall be minor projects and subject to the appropriate application fee under [paragraph] 4
	684	+	PARAGRAPHS (1)(i) and (ii) AND (7)(I) of this subsection: 5
681	685
682		-	2. Approved by the appropriate soil conservation district; 7
	686	+	(i) A residential activity issued a permit under §§ 5–503 and 5–906 6
	687	+	of this title and §§ 16–202, 16–302, and 16–307 of this article; and 7
683	688
684		-	(iv) Stream restoration, vegetative shoreline stabilization, wetland 8
685		-	creation, or other project in which the primary effect is to enhance the State’s wetland or 9
686		-	water resources; and 10
	689	+	(ii) A mining activity undertaken on affected land as identified in a 8
	690	+	permit issued under Title 15 of this article. 9
687	691
688		-	(v) Aquacultural activities for which the Department of Natural 11
689		-	Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article. 12
	692	+	(4) Subject to [paragraph] PARAGRAPHS (5) AND (7) of this subsection, 10
	693	+	an application for the following minor projects shall be accompanied by the following 11
	694	+	application fees: 12
690	695
691		-	(3) Except as provided in paragraph (4) of this subsection, the following 13
692		-	shall be minor projects and subject to the appropriate application fee under [paragraph] 14
693		-	PARAGRAPH S (1)(i) and (ii) AND (7)(I) of this subsection: 15
	696	+	(i) Installation of: 13
694	697
695		-	~~(i) A residential activity issued a permit under §§~~ ~~5–503 and 5–906 16~~
696		-	~~of this title and §§ 16–202, 16–302, and 16–307 of this article~~; ~~and 17~~
	698	+	1. One boat lift or hoist, not exceeding four boat lifts or hoists 14
	699	+	per pier; 15
697	700
698		-	~~(ii) A mining activity undertaken on affected land as identified in a 18~~
699		-	~~permit issued under Title 15 of this article.~~ 19
	701	+	2. One personal watercraft lift or hoist, not exceeding six 16
	702	+	personal watercraft lifts or hoists per pier; or 17
700	703
701		-	(4) Subject to [paragraph] PARAGRAPHS (5) AND (7) of this subsection, 20
702		-	an application for the following minor projects shall be accompanied by the following 21
703		-	application fees: 22
	704	+	3. A combination of boat lifts or hoists and personal 18
	705	+	watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than 19
	706	+	four lifts or hoists are boat lifts or hoists………………………...………………………….. [$300] 20
	707	+	$385; 21
704	708
705		-	(i) Installation of: 23
	709	+	(ii) Installation of a maximum of six mooring pilings……….[$300] 22
	710	+	$390; 23
706	711
707		-	1. ~~One boat lift or hoist, not exceeding four boat lifts or hoists~~ 24
708		-	~~per pier~~; 25
	712	+	(iii) In–kind repair and replacement of structures……….…..[$300] 24
	713	+	$390; 25
709	714
710		-	2. One personal watercraft lift or hoist, not exceeding six 26
711		-	personal watercraft lifts or hoists per pier; or 27
	715	+	(iv) Installation of a fixed or floating platform on an existing pier 26
	716	+	where the total platform area does not exceed 200 square feet………………………...…[$300] 27
	717	+	$390; 28
712	718
713		-	3. A combination of boat lifts or hoists and personal 28
714		-	watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than 29
715		-	four lifts or hoists are boat lifts or hoists………………………………………….. ..[$300] $385; 30
716		-
717		-	(ii) Installation of a maximum of six mooring pilings…..[$300] $390; 31
	719	+	(v) Construction of a nonhabitable structure that permanently 29
	720	+	impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence.…..[$300] 30
	721	+	$390; 31
718	722		16 SENATE BILL 250
719	723
720	724
721		-	(iii) In–kind repair and replacement of structures……...[$300] $390; 1
	725	+	(vi) Replacement of an existing bulkhead where the replacement 1
	726	+	bulkhead does not exceed more than 18 inches channelward of the existing 2
	727	+	structure……………………………………………………………………………………….… [$500] 3
	728	+	$650; and 4
722	729
723		-	(iv) Installation of a fixed or floating platform on an existing pier 2
724		-	where the total platform area does not exceed 200 square feet…………………. [$300] $390; 3
	730	+	(vii) In–kind repair and replacement of existing 5
	731	+	infrastructure……..……............................................................................................…...[$500] 6
	732	+	$650. 7
725	733
726		-	(v) Construction of a nonhabitable structure that permanently 4
727		-	impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence..[$300] 5
728		-	$390; 6
	734	+	(5) The Department may not require an application fee for: 8
729	735
730		-	(vi) Replacement of an existing bulkhead where the replacement 7
731		-	bulkhead does not exceed more than 18 inches c hannelward of the existing 8
732		-	structure……………………………………………………………………………. [$500] $650; and 9
	736	+	(i) The installation of a boat lift, hoist, or personal watercraft lift on 9
	737	+	existing pilings; or 10
733	738
734		-	(vii) In–kind repair and replacement of existing 10
735		-	infrastructure………………………………………………………………………… ...[$500] $650. 11
	739	+	(ii) If the existing structure is functional and there is no increase in 11
	740	+	the original length, width, height, or channelward encroachment authorized under § 12
	741	+	16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or 13
	742	+	replacement of: 14
736	743
737		-	~~(5) The Department may not require an application fee for: 12~~
	744	+	1. A highway structure; 15
738	745
739		-	(i) The installation of a boat lift, hoist, or personal watercraft lift on 13
740		-	existing pilings; or 14
	746	+	2. A pier; 16
741	747
742		-	(ii) If the existing structure is functional and there is no increase in 15
743		-	the original length, width, height, or channelward encroachment authorized under § 16
744		-	16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or 17
745		-	replacement of: 18
	748	+	3. A boathouse; 17
746	749
747		-	1. A ~~highway structure~~; 19
	750	+	4. A structure on a pier; 18
748	751
749		-	2. A ~~pier~~; 20
	752	+	5. A bulkhead; 19
750	753
751		-	3. A ~~boathouse~~; 21
	754	+	6. A revetment; 20
752	755
753		-	4. A ~~structure on a pier~~; 22
	756	+	7. A tidal impoundment dike; 21
754	757
755		-	5. A ~~bulkhead~~; 23
	758	+	8. A water control structure; 22
756	759
757		-	6. ~~A revetment~~; 24
	760	+	9. An aboveground transmission facility; 23
758	761
759		-	7. ~~A tidal impoundment dike~~; 25
	762	+	10. An agricultural drainage ditch; or 24
760	763
761		-	8. A ~~water control structure;~~ 26
	764	+	11. A highway drainage ditch. 25
762	765
763		-	9. An aboveground transmission facility; 27
	766	+	(6) The application fee for a structural shoreline stabilization project 26
	767	+	located on or adjacent to a State–owned lake may not exceed [$250] $290. 27
764	768
765		-	10. An agricultural drainage ditch; or 28
766		-	SENATE BILL 250 17
767		-
768		-
769		-	11. A highway drainage ditch. 1
770		-
771		-	(6) The application fee for a structural shoreline stabilization project 2
772		-	located on or adjacent to a State–owned lake may not exceed [$250] $290. 3
773		-
774		-	(7) [The fees imposed under this subsection may not be modified without 4
775		-	legislative enactment. 5
776		-
777		-	(8) (i) Subject to paragraph (7) of this subsection, the] EXCEPT AS 6
778		-	PROVIDED IN PARAGRAP HS (2) AND (5) OF THIS SUBSECTION , ALL APPLICATIONS 7
779		-	FOR WETLANDS AND WAT ERWAYS AUTHORIZATION S ISSUED BY THE DEPARTMENT 8
780		-	FOR ACTIVITIES PROPO SED IN A TIER II HIGH QUALITY WATERSHED SHALL BE 9
781		-	ACCOMPANIED BY AN AD DITIONAL APPLICATION FEE, AS FOLLOWS: 10
782		-
783		-	(I) FOR AN APPLICATION FO R A MINOR PROJECT OR MINOR 11
784		-	MODIFICATION …………………………………………………………………… ..$400; AND 12
785		-
786		-	(II) FOR AN APPLICATION FO R A MAJOR PROJECT OR MAJOR 13
787		-	MODIFICATION ………………………………………………………………………. ..$1,600. 14
788		-
789		-	(8) (I) THE Department may adjust the fees established under 15
790		-	paragraphs (1), (4), and (6) of this subsection to reflect changes in the consumer price index 16
791		-	for all “urban consumers” for the expenditure category “all items not seasonally adjusted”, 17
792		-	and for all regions. 18
793		-
794		-	(ii) The Annual Consumer Price Index for the period ending each 19
795		-	December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, 20
796		-	shall be used to adjust the fees established under paragraphs (1), (4), [and] (6), AND (7) of 21
797		-	this subsection. 22
798		-
799		-	(9) THE DEPARTMENT SHALL ISSU E A PUBLIC NOTICE OF THE 23
800		-	ADJUSTED FEES AT LEA ST 90 DAYS BEFORE THE NEW FEE RATES TAKE EFFEC T. 24
801		-
802		-	(c) (1) There is a Wetlands and Waterways Program Fund. 25
803		-
804		-	(2) The Department shall administer the Fund. 26
805		-
806		-	(3) The Treasurer shall hold the Fund separately and the Comptroller shall 27
807		-	account for the Fund. 28
808		-
809		-	(4) The Fund consists of all: 29
810		-
811		-	(i) Application fees collected by the Department under this section; 30
812		-
813		-	(ii) Monetary compensation paid to the State in conjunction with a 31
814		-	wetlands license other than that compensation specified in § 16–205(e)(2) of this article; 32 18 SENATE BILL 250
	769	+	(7) [The fees imposed under this subsection may not be modified without 28
	770	+	legislative enactment. 29 SENATE BILL 250 17
815	771
816	772
817	773
818		-	(iii) Money appropriated in the State budget to the Fund; and 1
	774	+	(8) (i) Subject to paragraph (7) of this subsection, the] EXCEPT AS 1
	775	+	PROVIDED IN PARAGRAP HS (2) AND (5) OF THIS SUBSECTION , ALL APPLICATIONS 2
	776	+	FOR WETLANDS AND WAT ERWAYS AUTHORIZATION S ISSUED BY THE DEPARTMENT 3
	777	+	FOR ACTIVITIES PROPO SED IN A TIER II HIGH QUALITY WATERSHED SH ALL BE 4
	778	+	ACCOMPANIED BY AN AD DITIONAL APPLICATION FEE, AS FOLLOWS: 5
819	779
820		-	(iv) ~~Investment earnings,~~ ~~interest, and any other money from any 2~~
821		-	~~other source accepted for the benefit of the Fund. 3~~
	780	+	(I) FOR AN APPLICATION FO R A MINOR PROJECT OR MINOR 6
	781	+	MODIFICATION ……………………………………………………………………..$400; AND 7
822	782
823		-	(5) ~~In accordance with subsection (e) of this section,~~ ~~the Department shall 4~~
824		-	~~use the Wetlands and Waterways Program Fund for activities related to: 5~~
	783	+	(II) FOR AN APPLICATION FO R A MAJOR PROJECT OR MAJOR 8
	784	+	MODIFICATION ………………………………………… ………………………….…..$1,600. 9
825	785
826		-	(i) The issuance of authorizations by the Department under §§ 6
827		-	5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the 7
828		-	issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article; 8
	786	+	(8) (I) THE Department may adjust the fees established under 10
	787	+	paragraphs (1), (4), and (6) of this subsection to reflect changes in the consumer price index 11
	788	+	for all “urban consumers” for the expenditure category “all items not seasonally adjusted”, 12
	789	+	and for all regions. 13
829	790
830		-	(ii) The management, conservation, protection, and preservation of 9
831		-	the State’s wetlands and waterways resources, INCLUDING TIER II HIGH QUALITY 10
832		-	WATERS AND TIER II HIGH QUALITY WATERSHEDS ; and 11
	791	+	(ii) The Annual Consumer Price Index for the period ending each 14
	792	+	December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, 15
	793	+	shall be used to adjust the fees established under paragraphs (1), (4), [and] (6), AND (7) of 16
	794	+	this subsection. 17
833	795
834		-	(~~iii~~) ~~Program development associated with this title and Title 16~~ of 12
835		-	~~this article,~~ ~~as provided by~~ the ~~State budget~~. 13
	796	+	(9) THE DEPARTMENT SHALL ISSU E A PUBLIC NOTICE OF THE 18
	797	+	ADJUSTED FEES AT LEA ST 90 DAYS BEFORE THE NEW FEE RATES TAKE EFFEC T. 19
836	798
837		-	(d) On or before December 31 of each year, in accordance with § 2–1257 of the 14
838		-	State Government Article, the Department shall prepare and submit an annual report to 15
839		-	the House Environment and Transportation Committee, the House Appropriations 16
840		-	Committee, the Senate COMMITTEE ON Education, [Health, and Environmental Affairs 17
841		-	Committee] ENERGY, AND THE ENVIRONMENT , and the Senate Budget and Taxation 18
842		-	Committee on the Wetlands and Waterways Program Fund, including an accounting of 19
843		-	financial receipts deposited into the Fund and expenditures from the Fund. 20
	799	+	(c) (1) There is a Wetlands and Waterways Program Fund. 20
844	800
845		-	(e) The Department shall: 21
	801	+	(2) The Department shall administer the Fund. 21
846	802
847		-	(1) ~~Prioritize~~ the ~~use of~~ the ~~Wetlands~~ and ~~Waterways Program Fund to~~ 22
848		-	~~improve~~ the ~~level of service to the regulated community;~~ 23
	803	+	(3) The Treasurer shall hold the Fund separately and the Comptroller shall 22
	804	+	account for the Fund. 23
849	805
850		-	(2) Identify and implement measures that will reduce delays and 24
851		-	duplication in the administration of the wetlands and waterways permit process, including 25
852		-	the processing of applications for wetlands and waterways permits in accordance with § 26
853		-	1–607 of this article; and 27
	806	+	(4) The Fund consists of all: 24
854	807
855		-	(3) In conjunction with the Department of Natural Resources, identify up 28
856		-	to three types of structural shoreline stabilization practices that may be implemented on 29
857		-	or adjacent to a State–owned lake. 30
	808	+	(i) Application fees collected by the Department under this section; 25
858	809
859		-	5–203.2. 31
860		-	SENATE BILL 250 19
	810	+	(ii) Monetary compensation paid to the State in conjunction with a 26
	811	+	wetlands license other than that compensation specified in § 16–205(e)(2) of this article; 27
	812	+
	813	+	(iii) Money appropriated in the State budget to the Fund; and 28
	814	+
	815	+	(iv) Investment earnings, interest, and any other money from any 29
	816	+	other source accepted for the benefit of the Fund. 30
	817	+	18 SENATE BILL 250
861	818
862	819
863		-	(A) IN THIS SECTION , “DAM SAFETY PERMIT ” MEANS A PERMIT ISSUE D 1
864		-	UNDER § 5–503 OF THIS TITLE FOR THE CONSTRUCTION , RECONSTRUCTION , 2
865		-	REPAIR, REMOVAL, OR MODIFICATION OF A DAM. 3
	820	+	(5) In accordance with subsection (e) of this section, the Department shall 1
	821	+	use the Wetlands and Waterways Program Fund for activities related to: 2
866	822
867		-	(B) (1) BY REGULATION , THE DEPARTMENT SHALL ESTA BLISH AND 4
868		-	COLLECT A FEE TO BE PAID PRIOR TO ISSUAN CE OF A DAM SAFETY P ERMIT. 5
	823	+	(i) The issuance of authorizations by the Department under §§ 3
	824	+	5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the 4
	825	+	issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article; 5
869	826
870		-	(2) THE DEPARTMENT SHALL BASE THE FEE ON: 6
	827	+	(ii) The management, conservation, protection, and preservation of 6
	828	+	the State’s wetlands and waterways resources, INCLUDING TIER II HIGH QUALITY 7
	829	+	WATERS AND TIER II HIGH QUALITY WATERSHEDS ; and 8
871	830
872		-	(I) PROJECT COST; AND 7
	831	+	(iii) Program development associated with this title and Title 16 of 9
	832	+	this article, as provided by the State budget. 10
873	833
874		-	(II) THE COST TO THE DEPARTMENT FOR ADMINI STERING THE 8
875		-	DAM SAFETY PERMIT THIS SECTION DOES NOT APPLY TO A RESERVOIR , DAM, 9
876		-	WATERWAY OBSTRUCTION , OR SMALL POND THAT I S EXEMPT FROM PERMIT 10
877		-	REQUIREMENTS UNDER § 5–503(B) OF THIS TITLE. 11
	834	+	(d) On or before December 31 of each year, in accordance with § 2–1257 of the 11
	835	+	State Government Article, the Department shall prepare and submit an annual report to 12
	836	+	the House Environment and Transportation Committee, the House Appropriations 13
	837	+	Committee, the Senate COMMITTEE ON Education, [Health, and Environmental Affairs 14
	838	+	Committee] ENERGY, AND THE ENVIRONMENT , and the Senate Budget and Taxation 15
	839	+	Committee on the Wetlands and Waterways Program Fund, including an accounting of 16
	840	+	financial receipts deposited into the Fund and expenditures from the Fund. 17
878	841
879		-	(C) THE APPLICATION FOR A NEW DAM, OR THE ENLARGEMENT , REPAIR, 12
880		-	ALTERATION, OR REMOVAL OF AN EXI STING DAM, DAM SAFETY PERMIT SHALL 13
881		-	INCLUDE THE ESTIMATE D PROJECT CONSTRUCTION COST. 14
	842	+	(e) The Department shall: 18
882	843
883		-	(D) PERIODICALLY PRIOR TO THE ISSUANCE OF A DAM SAFETY PERM IT, 15
884		-	THE DEPARTMENT SHALL REVIEW THE FEES AND IF NEEDED ADJUST THE FE ES TO 16
885		-	ENSURE THE AMOUNT CO LLECTED COVERS THE DEPARTMENT ’S COSTS FOR 17
886		-	ADMINISTERING THE COLLECT A DAM SAFETY PERMIT FEE. 18
	844	+	(1) Prioritize the use of the Wetlands and Waterways Program Fund to 19
	845	+	improve the level of service to the regulated community; 20
887	846
888		-	(E) THE DAM SAFETY PERMIT FEE: 19
	847	+	(2) Identify and implement measures that will reduce delays and 21
	848	+	duplication in the administration of the wetlands and waterways permit process, including 22
	849	+	the processing of applications for wetlands and waterways permits in accordance with § 23
	850	+	1–607 of this article; and 24
889	851
890		-	(1) SHALL BE BASED ON THE ESTIMATED PROJECT CONSTRUCTION 20
891		-	COST; AND 21
	852	+	(3) In conjunction with the Department of Natural Resources, identify up 25
	853	+	to three types of structural shoreline stabilization practices that may be implemented on 26
	854	+	or adjacent to a State–owned lake. 27
892	855
893		-	(2) MAY NOT EXCEED 3% OF THE ESTIMATED PRO JECT 22
894		-	CONSTRUCTION COST . 23
	856	+	5–203.2. 28
895	857
896		-	(F) FEES COLLECTED UNDER THIS SECTION SHALL B E PAID INTO THE 24
897		-	PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS TITLE. 25
	858	+	(A) IN THIS SECTION , “DAM SAFETY P ERMIT” MEANS A PERMIT ISSUE D 29
	859	+	UNDER § 5–503 OF THIS TITLE FOR TH E CONSTRUCTION , RECONSTRUCTION , 30
	860	+	REPAIR, REMOVAL, OR MODIFICATION OF A DAM. 31
898	861
899		-	5–509. 26
	862	+	(B) (1) BY REGULATION , THE DEPARTMENT SHALL ESTA BLISH AND 32
	863	+	COLLECT A FEE TO BE PAID PRIOR TO ISSUAN CE OF A DAM SAFETY PERMIT. 33
900	864
901		-	(a) (1) In this section the following words have the meanings indicated. 27
902		-
903		-	(2) [“Asset owner” means the owner or person having control of a water 28
904		-	infrastructure asset. 29
905		-
906		-	(3)] “Association” means: 30
907		-	20 SENATE BILL 250
908		-
909		-
910		-	(i) A homeowners association, as defined in § 11B–101 of the Real 1
911		-	Property Article; 2
912		-
913		-	(ii) A council of unit owners, as defined in § 11–101 of the Real 3
914		-	Property Article; or 4
915		-
916		-	(iii) Any other entity owning or controlling a [water infrastructure 5
917		-	asset] DAM, the owners or members of which are owners of property adjacent to or benefited 6
918		-	by the [water infrastructure asset] DAM. 7
919		-
920		-	[(4)] (3) “Association member” means an owner or a member of an 8
921		-	association. 9
922		-
923		-	(4) “DAM OWNER” MEANS THE OWNER OR P ERSON HAVING CO NTROL 10
924		-	OF THE NORMAL OPERAT ION OR MAINTENANCE O F A DAM. 11
925		-
926		-	(5) [“Water infrastructure asset” means a reservoir, a dam, or any other 12
927		-	waterway construction.] “UNSAFE CONDITION ” MEANS THE CONDITION OF A DAM 13
928		-	DETERMINED BY THE DEPARTMENT TO BE UNSA FE DUE TO THE STRUCTURE: 14
929		-
930		-	(I) BEING IN POOR CONDITI ON; 15
931		-
932		-	(II) HAVING AN INADEQUATE SPILLWAY; 16
933		-
934		-	(III) POSING IMMINENT DANGE R OF FAILURE; OR 17
935		-
936		-	(IV) HAVING ANOTHER CONDIT ION DETERMINED UNSAF E BY 18
937		-	THE DEPARTMENT . 19
938		-
939		-	(b) (1) On complaint or the Department’s own initiative, the Department may 20
940		-	investigate or examine any [water infrastructure asset] DAM. 21
941		-
942		-	(2) If the Department determines that the [water infrastructure asset] 22
943		-	DAM is IN AN unsafe CONDITION, needs repair, or should be removed because the [water 23
944		-	infrastructure asset] DAM is unsafe and not repairable, the Department shall notify the 24
945		-	[asset] DAM owner in writing to repair or remove the [water infrastructure asset] DAM, as 25
946		-	the situation warrants. 26
947		-
948		-	(3) The repair or removal work shall be completed within a reasonable 27
949		-	time, which time shall be prescribed in the Department’s notice. 28
950		-
951		-	(4) (i) This paragraph applies to a [water infrastructure asset] DAM 29
952		-	that the Department determines meets the criteria specified in paragraph (2) of this 30
953		-	subsection. 31
954		-	SENATE BILL 250 21
955		-
956		-
957		-	(ii) If the Department determines that changes to the [water 1
958		-	infrastructure asset] DAM, including removal of the [asset] DAM, are a priority for 2
959		-	improving fish passage or for other environmental benefits, the Department MAY: 3
960		-
961		-	1. [May partner] PARTNER with the [asset] DAM owner and 4
962		-	an organization that provides resources and expertise to plan, design, or finance changes 5
963		-	to [water infrastructure assets] DAMS for the purpose of repairing, removing, or retrofitting 6
964		-	the [asset] DAM in a manner consistent with the Department’s objectives; or 7
965		-
966		-	2. [Shall prioritize] PRIORITIZE the use of environmental 8
967		-	outcomes, as defined in § 9–1601 of this article, arising from the repair, removal, or retrofit 9
968		-	of the [water infrastructure asset] DAM in any environmental mitigation program 10
969		-	identified by the Department. 11
970		-
971		-	(iii) For the purpose of seeking financial assistance under Title 5, 12
972		-	Subtitle 4 of the Economic Development Article, if the Department determines that the 13
973		-	[water infrastructure asset] DAM is not a priority under subparagraph (ii) of this 14
974		-	paragraph but is a priority for installation of less than 30 megawatts of small hydroelectric 15
975		-	power plant capacity, the Department shall provide notice to the Maryland Industrial 16
976		-	Development Financing Authority of: 17
977		-
978		-	1. Any [water infrastructure asset] DAM identified as a 18
979		-	priority for installation of less than 30 megawatts of small hydroelectric power plant 19
980		-	capacity under this paragraph; and 20
981		-
982		-	2. The repair, retrofit, or removal measures identified for the 21
983		-	[water infrastructure asset] DAM in the notice provided under paragraph (2) of this 22
984		-	subsection. 23
985		-
986		-	(c) If the work is not completed in the time prescribed in the notice: 24
987		-
988		-	(1) The Department may have the work completed at the expense of the 25
989		-	[asset] DAM owner; 26
990		-
991		-	(2) The Department shall charge the [asset] DAM owner for the costs to 27
992		-	complete the work; and 28
993		-
994		-	(3) If repayment is not made within 30 days after written demand, the 29
995		-	Department may bring an action in the proper court to recover the costs to complete the 30
996		-	work. 31
997		-
998		-	(d) (1) The Department may take emergency actions necessary to protect life, 32
999		-	property, or the environment if: 33
1000		-
1001		-	(i) 1. The Department determines that a [water infrastructure 34
1002		-	asset] DAM is in imminent danger of failure; and 35 22 SENATE BILL 250
	865	+	(2) THE DEPARTMENT SHALL BASE THE FEE ON: 34 SENATE BILL 250 19
1003	866
1004	867
1005	868
1006		-	2. The [asset] DAM owner has been issued a notice by the 1
1007		-	Department under subsection (b) of this section and has not completed the work in 2
1008		-	accordance with the time prescribed in the notice; or 3
	869	+	(I) PROJECT COST; AND 1
1009	870
1010		-	(ii) The Department determines that: 4
	871	+	(II) THE COST TO THE DEPARTMENT FOR ADMINI STERING THE 2
	872	+	DAM SAFETY PERMIT . 3
1011	873
1012		-	1. A [water infrastructure asset] DAM is failing OR IN 5
1013		-	IMMINENT DANGER OF F AILING; and 6
	874	+	(C) THE APPLICATION FOR A NEW DAM, OR THE ENLARGEMENT , REPAIR, 4
	875	+	ALTERATION, OR REMOVAL OF AN EXI STING DAM, SHALL INCLUDE THE ES TIMATED 5
	876	+	PROJECT COST . 6
1014	877
1015		-	2. The [asset] DAM owner is not taking adequate actions to 7
1016		-	protect life, property, or the environment. 8
	878	+	(D) PERIODICALLY, THE DEPARTMENT SHALL REVI EW THE FEES AND IF 7
	879	+	NEEDED ADJUST THE FE ES TO ENSURE THE AMO UNT COLLECTED COVERS THE 8
	880	+	DEPARTMENT ’S COSTS FOR ADMINIST ERING THE DAM SAFETY PERMIT. 9
1017	881
1018		-	(2) ~~Emergency actions taken by the Department~~ under this ~~subsection may 9~~
1019		-	~~include: 10~~
	882	+	(E) FEES COLLE CTED UNDER THIS SECT ION SHALL BE PAID IN TO THE 10
	883	+	PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS TITLE. 11
1020	884
1021		-	~~(i) Taking control of the [water infrastructure asset] DAM; 11~~
	885	+	5–509. 12
1022	886
1023		-	(ii) Lowering the level of water impounded by the [water 12
1024		-	infrastructure asset] DAM by releasing the impounded water or by other means; 13
	887	+	(a) (1) In this section the following words have the meanings indicated. 13
1025	888
1026		-	(~~iii~~) ~~Completely releasing all water impounded by~~ the [water 14
1027		-	infrastructure asset~~] DAM;~~ 15
	889	+	(2) [“Asset owner” means the owner or person having control of a water 14
	890	+	infrastructure asset. 15
1028	891
1029		-	(iv) Performing any necessary remedial or protective work at the site 16
1030		-	of the [water infrastructure asset] DAM, including breaching the [water infrastructure 17
1031		-	asset] DAM; and 18
	892	+	(3)] “Association” means: 16
1032	893
1033		-	(v) ~~Taking any other steps~~ the ~~Department deems necessary to 19~~
1034		-	~~safeguard life,~~ ~~property, or the environment. 20~~
	894	+	(i) A homeowners association, as defined in § 11B–101 of the Real 17
	895	+	Property Article; 18
1035	896
1036		-	(3) The Department or its agents may enter any property, without prior 21
1037		-	notice to the owner of the property, if the entry is necessary to carry out emergency actions 22
1038		-	under this subsection. 23
	897	+	(ii) A council of unit owners, as defined in § 11–101 of the Real 19
	898	+	Property Article; or 20
1039	899
1040		-	(4) If the Department takes control of a [water infrastructure asset] DAM 24
1041		-	under paragraph (2)(i) of this subsection, the Department shall remain in charge and 25
1042		-	control of the [water infrastructure asset] DAM until the Department has determined that 26
1043		-	the [water infrastructure asset] DAM has been rendered safe or the circumstances 27
1044		-	requiring the emergency actions have ceased. 28
	900	+	(iii) Any other entity owning or controlling a [water infrastructure 21
	901	+	asset] DAM, the owners or members of which are owners of property adjacent to or benefited 22
	902	+	by the [water infrastructure asset] DAM. 23
1045	903
1046		-	(5) The Department may obtain equipment, personnel, and other resources 29
1047		-	for emergency actions taken under this subsection through any appropriate means, 30
1048		-	including emergency procurements under § 13–108 of the State Finance and Procurement 31
1049		-	Article. 32
1050		-	SENATE BILL 250 23
	904	+	[(4)] (3) “Association member” means an owner or a memb er of an 24
	905	+	association. 25
	906	+
	907	+	(4) “DAM OWNER” MEANS THE OWNER OR P ERSON HAVING CONTROL 26
	908	+	OF THE NORMAL OPERAT ION OR MAINTENANCE O F A DAM. 27
	909	+
	910	+	(5) [“Water infrastructure asset” means a reservoir, a dam, or any other 28
	911	+	waterway construction.] “UNSAFE CONDITION ” MEANS THE CONDITION OF A D AM 29
	912	+	DETERMINED BY THE DEPARTMENT TO BE UNSA FE DUE TO THE STRUCT URE: 30 20 SENATE BILL 250
1051	913
1052	914
1053		-	(e) (1) Costs incurred by the Department under this section shall: 1
1054	915
1055		-	(i) ~~Constitute a debt owed to the State~~; ~~and 2~~
	916	+	(I) BEING IN POOR CONDITI ON; 1
1056	917
1057		-	(ii) ~~Be reimbursed to the Department by the [asset] DAM owner. 3~~
	918	+	(II) HAVING AN INADEQUATE SPILLWAY; 2
1058	919
1059		-	(2) If any such cost remains unreimbursed 30 days after the Department 4
1060		-	makes a demand for reimbursement from the [asset] DAM owner, the [water infrastructure 5
1061		-	asset] DAM shall be subject to the establishment of a lien in accordance with this section 6
1062		-	for the payment of the unreimbursed amount. 7
	920	+	(III) POSING IMMINENT DANGE R OF FAILURE; OR 3
1063	921
1064		-	(f) (1) With respect to costs incurred by the Department under this section 8
1065		-	relating to a [water infrastructure asset] DAM for which an association is the [asset] DAM 9
1066		-	owner, if any such cost remains unreimbursed 30 days after the Department makes a 10
1067		-	demand for reimbursement from the association, such costs shall be a debt to the State 11
1068		-	owed, and shall be reimbursed to the Department, by the association members, jointly and 12
1069		-	severally, notwithstanding any provision of law that would otherwise relieve the 13
1070		-	association members of such liability. 14
	922	+	(IV) HAVING ANOTHER CONDIT ION DETERMINED UNSAFE BY 4
	923	+	THE DEPARTMENT . 5
1071	924
1072		-	(2) If any such cost remains unreimbursed 30 days after the Department 15
1073		-	makes a demand for reimbursement from the association members, the lots, condominium 16
1074		-	units, or other property owned by the association members that is adjacent to or benefited 17
1075		-	by the [water infrastructure asset] DAM shall be subject to the establishment of a lien in 18
1076		-	accordance with this section for the payment of the unreimbursed amount. 19
	925	+	(b) (1) On complaint or the Department’s own initiative, the Department may 6
	926	+	investigate or examine any [water infrastructure asset] DAM. 7
1077	927
1078		-	(g) ~~(1) Any lien arising under subsections (e) and (f) of this section shall, to~~ the 20
1079		-	~~extent not otherwise expressly prohibited by law~~, ~~have priority over all other liens and 21~~
1080		-	~~encumbrances perfected after July 1, 2020, on the [water~~ infrastructure asset] DAM, or the 22
1081		-	~~lots, condominium units,~~ or ~~other property owned by~~ the ~~association members that is 23~~
1082		-	~~adjacent to or benefited by~~ the ~~[water infrastructure asset] DAM~~. 24
	928	+	(2) If the Department determines that the [water infrastructure asset] 8
	929	+	DAM is IN AN unsafe CONDITION, needs repair, or should be removed because the [water 9
	930	+	infrastructure asset] DAM is unsafe and not repairable, the Department shall notify the 10
	931	+	[asset] DAM owner in writing to repair or remove the [water infrastructure asset] DAM, as 11
	932	+	the situation warrants. 12
1083	933
1084		-	(2) The establishment and enforcement of liens arising under subsections 25
1085		-	(e) and (f) of this section shall be governed by the rules set forth in Title 12, Chapter 300 of 26
1086		-	the Maryland Rules. 27
	934	+	(3) The repair or removal work shall be completed within a reasonable 13
	935	+	time, which time shall be prescribed in the Department’s notice. 14
1087	936
1088		-	(h) No action may be brought against the State, the Department, or their 28
1089		-	respective agents or employees for the recovery of damages caused by the partial or total 29
1090		-	failure of any [water infrastructure asset] DAM, or the control or operation of any [water 30
1091		-	infrastructure asset] DAM, on the ground that the State, the Department, or their 31
1092		-	respective agents or employees are liable by virtue of any of the following: 32
	937	+	(4) (i) This paragraph applies to a [water infrastructure asset] DAM 15
	938	+	that the Department determines meets the criteria specified in paragraph (2) of this 16
	939	+	subsection. 17
1093	940
1094		-	(1) The approval or permitting of the [water infrastructure asset] DAM; 33
	941	+	(ii) If the Department determines that changes to the [water 18
	942	+	infrastructure asset] DAM, including removal of the [asset] DAM, are a priority for 19
	943	+	improving fish passage or for other environmental benefits, the Department MAY: 20
1095	944
1096		-	(2) The issuance or enforcement of orders relative to maintenance or 34
1097		-	operation of the [water infrastructure asset] DAM; 35
	945	+	1. [May partner] PARTNER with the [asset] DAM owner and 21
	946	+	an organization that provides resources and expertise to plan, design, or finance changes 22
	947	+	to [water infrastructure assets] DAMS for the purpose of repairing, removing, or retrofitting 23
	948	+	the [asset] DAM in a manner consistent with the Department’s objectives; or 24
	949	+
	950	+	2. [Shall prioritize] PRIORITIZE the use of environmental 25
	951	+	outcomes, as defined in § 9–1601 of this article, arising from the repair, removal, or retrofit 26
	952	+	of the [water infrastructure asset] DAM in any environmental mitigation program 27
	953	+	identified by the Department. 28
	954	+
	955	+	(iii) For the purpose of seeking financial assistance under Title 5, 29
	956	+	Subtitle 4 of the Economic Development Article, if the Department determines that the 30
	957	+	[water infrastructure asset] DAM is not a priority under subparagraph (ii) of this 31
	958	+	paragraph but is a priority for installation of less than 30 megawatts of small hydroelectric 32 SENATE BILL 250 21
	959	+
	960	+
	961	+	power plant capacity, the Department shall provide notice to the Maryland Industrial 1
	962	+	Development Financing Authority of: 2
	963	+
	964	+	1. Any [water infrastructure asset] DAM identified as a 3
	965	+	priority for installation of less than 30 megawatts of small hydroelectric power plant 4
	966	+	capacity under this paragraph; and 5
	967	+
	968	+	2. The repair, retrofit, or removal measures identified for the 6
	969	+	[water infrastructure asset] DAM in the notice provided under paragraph (2) of this 7
	970	+	subsection. 8
	971	+
	972	+	(c) If the work is not completed in the time prescribed in the notice: 9
	973	+
	974	+	(1) The Department may have the work completed at the expense of the 10
	975	+	[asset] DAM owner; 11
	976	+
	977	+	(2) The Department shall charge the [asset] DAM owner for the costs to 12
	978	+	complete the work; and 13
	979	+
	980	+	(3) If repayment is not made within 30 days after written demand, the 14
	981	+	Department may bring an action in the proper court to recover the costs to complete the 15
	982	+	work. 16
	983	+
	984	+	(d) (1) The Department may take emergency actions necessary to protect life, 17
	985	+	property, or the environment if: 18
	986	+
	987	+	(i) 1. The Department determines that a [water infrastructure 19
	988	+	asset] DAM is in imminent danger of failure; and 20
	989	+
	990	+	2. The [asset] DAM owner has been issued a notice by the 21
	991	+	Department under subsection (b) of this section and has not completed the work in 22
	992	+	accordance with the time prescribed in the notice; or 23
	993	+
	994	+	(ii) The Department determines that: 24
	995	+
	996	+	1. A [water infrastructure asset] DAM is failing OR IN 25
	997	+	IMMINENT DANGER OF F AILING; and 26
	998	+
	999	+	2. The [asset] DAM owner is not taking adequate actions to 27
	1000	+	protect life, property, or the environment. 28
	1001	+
	1002	+	(2) Emergency actions taken by the Department under this subsection may 29
	1003	+	include: 30
	1004	+
	1005	+	(i) Taking control of the [water infrastructure asset] DAM; 31
	1006	+	22 SENATE BILL 250
	1007	+
	1008	+
	1009	+	(ii) Lowering the level of water impounded by the [water 1
	1010	+	infrastructure asset] DAM by releasing the impounded water or by other means; 2
	1011	+
	1012	+	(iii) Completely releasing all water impounded by the [water 3
	1013	+	infrastructure asset] DAM; 4
	1014	+
	1015	+	(iv) Performing any necessary remedial or protective work at the site 5
	1016	+	of the [water infrastructure asset] DAM, including breaching the [water infrastructure 6
	1017	+	asset] DAM; and 7
	1018	+
	1019	+	(v) Taking any other steps the Department deems necessary to 8
	1020	+	safeguard life, property, or the environment. 9
	1021	+
	1022	+	(3) The Department or its agents may enter any property, without prior 10
	1023	+	notice to the owner of the property, if the entry is necessary to carry out emergency actions 11
	1024	+	under this subsection. 12
	1025	+
	1026	+	(4) If the Department takes control of a [water infrastructure asset] DAM 13
	1027	+	under paragraph (2)(i) of this subsection, the Department shall remain in charge and 14
	1028	+	control of the [water infrastructure asset] DAM until the Department has determined that 15
	1029	+	the [water infrastructure asset] DAM has been rendered safe or the circumstances 16
	1030	+	requiring the emergency actions have ceased. 17
	1031	+
	1032	+	(5) The Department may obtain equipment, personnel, and other resources 18
	1033	+	for emergency actions taken under this subsection through any appropriate means, 19
	1034	+	including emergency procurements under § 13–108 of the State Finance and Procurement 20
	1035	+	Article. 21
	1036	+
	1037	+	(e) (1) Costs incurred by the Department under this section shall: 22
	1038	+
	1039	+	(i) Constitute a debt owed to the State; and 23
	1040	+
	1041	+	(ii) Be reimbursed to the Department by the [asset] DAM owner. 24
	1042	+
	1043	+	(2) If any such cost remains unreimbursed 30 days after the Department 25
	1044	+	makes a demand for reimbursement from the [asset] DAM owner, the [water infrastructure 26
	1045	+	asset] DAM shall be subject to the establishment of a lien in accordance with this section 27
	1046	+	for the payment of the unreimbursed amount. 28
	1047	+
	1048	+	(f) (1) With respect to costs incurred by the Department under this section 29
	1049	+	relating to a [water infrastructure asset] DAM for which an association is the [asset] DAM 30
	1050	+	owner, if any such cost remains unreimbursed 30 days after the Department makes a 31
	1051	+	demand for reimbursement from the association, such costs shall be a debt to the State 32
	1052	+	owed, and shall be reimbursed to the Department, by the association members, jointly and 33
	1053	+	severally, notwithstanding any provision of law that would otherwise relieve the 34
	1054	+	association members of such liability. 35 SENATE BILL 250 23
	1055	+
	1056	+
	1057	+
	1058	+	(2) If any such cost remains unreimbursed 30 days after the Department 1
	1059	+	makes a demand for reimbursement from the association members, the lots, condominium 2
	1060	+	units, or other property owned by the association members that is adjacent to or benefited 3
	1061	+	by the [water infrastructure asset] DAM shall be subject to the establishment of a lien in 4
	1062	+	accordance with this section for the payment of the unreimbursed amount. 5
	1063	+
	1064	+	(g) (1) Any lien arising under subsections (e) and (f) of this section shall, to the 6
	1065	+	extent not otherwise expressly prohibited by law, have priority over all other liens and 7
	1066	+	encumbrances perfected after July 1, 2020, on the [water infrastructure asset] DAM, or the 8
	1067	+	lots, condominium units, or other property owned by the association members that is 9
	1068	+	adjacent to or benefited by the [water infrastructure asset] DAM. 10
	1069	+
	1070	+	(2) The establishment and enforcement of liens arising under subsections 11
	1071	+	(e) and (f) of this section shall be governed by the rules set forth in Title 12, Chapter 300 of 12
	1072	+	the Maryland Rules. 13
	1073	+
	1074	+	(h) No action may be brought against the State, the Department, or their 14
	1075	+	respective agents or employees for the recovery of damages caused by the partial or total 15
	1076	+	failure of any [water infrastructure asset] DAM, or the control or operation of any [water 16
	1077	+	infrastructure asset] DAM, on the ground that the State, the Department, or their 17
	1078	+	respective agents or employees are liable by virtue of any of the following: 18
	1079	+
	1080	+	(1) The approval or permitting of the [water infrastructure asset] DAM; 19
	1081	+
	1082	+	(2) The issuance or enforcement of orders relative to maintenance or 20
	1083	+	operation of the [water infrastructure asset] DAM; 21
	1084	+
	1085	+	(3) Control or regulation of the [water infrastructure asset] DAM; 22
	1086	+
	1087	+	(4) Actions taken to protect against failure during an emergency, including 23
	1088	+	any actions taken under this subsection; 24
	1089	+
	1090	+	(5) The use of design and construction criteria prepared, approved, or 25
	1091	+	promulgated by the Department; or 26
	1092	+
	1093	+	(6) The failure to issue or enforce orders, to control or regulate [water 27
	1094	+	infrastructure assets] DAMS, to take measures to protect against any failure thereof, or to 28
	1095	+	take any emergency actions contemplated by this subsection. 29
	1096	+
	1097	+	(i) Nothing in this section, and no act or omission of the Department under this 30
	1098	+	section, shall be construed to relieve [an asset] A DAM owner of: 31
	1099	+
	1100	+	(1) The legal duties, obligations, or liabilities incident to the ownership or 32
	1101	+	operation of a [water infrastructure asset] DAM; or 33
1098	1102		24 SENATE BILL 250
1099	1103
1100	1104
1101		-	(3) Control or regulation of the [water infrastructure asset] DAM; 1
	1105	+	(2) Any liability for acts or omissions of the [asset] DAM owner that cause 1
	1106	+	injury or death to any person, damage to any property or the environment, or violation of 2
	1107	+	any law, regulation, or permit, even if acts or omissions of the Department under this 3
	1108	+	section could be deemed an intervening cause of such injury, death, damage, or violation. 4
1102	1109
1103		-	(4) Actions taken to protect against failure during an emergency, including 2
1104		-	any actions taken under this subsection; 3
	1110	+	(j) This section does not apply to farm ponds used for agricultural purposes. 5
1105	1111
1106		-	(5) The use of design and construction criteria prepared, approved, or 4
1107		-	promulgated by the Department; or 5
	1112	+	5–509.1. 6
1108	1113
1109		-	(6) The failure to issue or enforce orders, to control or regulate [water 6
1110		-	infrastructure assets] DAMS, to take measures to protect against any failure thereof, or to 7
1111		-	take any emergency actions contemplated by this subsection. 8
	1114	+	(A) IN THIS SECTION, “DAM OWNER ” HAS THE MEANING STAT ED IN § 5–509 7
	1115	+	OF THIS SUBTITLE. 8
1112	1116
1113		-	(i) ~~Nothing in~~ this section~~, and no act or omission of~~ the ~~Department under this~~ 9
1114		-	~~section, shall be construed to relieve [an asset] A DAM owner of:~~ 10
	1117	+	(B) THIS SECTION DOES NOT APPLY TO A DAM OWNED BY THE FEDERAL 9
	1118	+	GOVERNMENT . 10
1115	1119
1116		-	(1) ~~The legal duties~~, ~~obligations, or liabilities incident to the ownership or~~ 11
1117		-	~~operation of a [water~~ ~~infrastructure asset]~~ ~~DAM; or~~ 12
	1120	+	(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, ALL DAM OWNERS 11
	1121	+	SHALL REGISTER THEIR DAMS ANNUALLY WITH T HE DEPARTMENT . 12
1118	1122
1119		-	(2) Any liability for acts or omissions of the [asset] DAM owner that cause 13
1120		-	injury or death to any person, damage to any property or the environment, or violation of 14
1121		-	any law, regulation, or permit, even if acts or omissions of the Department under this 15
1122		-	section could be deemed an intervening cause of such injury, death, damage, or violation. 16
	1123	+	(D) TO REGISTER WITH THE DEPARTMENT , A DAM OWNER SHALL : 13
1123	1124
1124		-	(j) This section does not apply to farm ponds used for agricultural purposes. 17
	1125	+	(1) SUBMIT AN APPLICATION TO THE DEPARTMENT ON THE FORM 14
	1126	+	PROVIDED BY THE DEPARTMENT ; AND 15
1125	1127
1126		-	~~5–509.1~~. 18
	1128	+	(2) PAY TO THE DEPARTMENT A REGISTRA TION FEE. 16
1127	1129
1128		-	(A) IN THIS SECTION, “DAM OWNER ” HAS THE MEANING STAT ED IN § 5–509 19
1129		-	OF THIS SUBTITLE MEANS THE OWNER OR P ERSON HAVING CONTROL OF THE 20
1130		-	NORMAL OPERATION OR MAINTENANCE OF A DAM . 21
	1130	+	(E) THE DEPARTMENT SHALL : 17
1131	1131
1132		-	~~(B)~~ (1) ~~THIS SECTION APPLIES TO A DAM THA T IS:~~ 22
	1132	+	(1) ESTABLISH THE REGISTR ATION FEE BY REGULAT ION; AND 18
1133	1133
1134		-	(I) INCLUDED IN THE MARYLAND DAM INVENTORY; AND 23
	1134	+	(2) BASE THE REGISTRATION FEE ON THE DAM HAZAR D 19
	1135	+	CLASSIFICATION . 20
1135	1136
1136		-	(II) NOT OWNED BY THE FEDE RAL GOVERNMENT . 24
	1137	+	(F) REGISTRATION FEES COL LECTED UNDER THIS SE CTION SHALL BE PAID 21
	1138	+	INTO THE PRIVATE DAM REPAIR FUND ESTABLISHED UNDE R § 5–509.2 OF THIS 22
	1139	+	SUBTITLE. 23
1137	1140
1138		-	(2) THIS SECTION DOES NOT APPLY TO A DAM OWNED BY THE 25
1139		-	FEDERAL GOVERNMENT RESERVOIR, DAM, WATERWAY OBSTRUCTION , OR SMALL 26
1140		-	POND THAT IS EXEMPT FROM PERMI T REQUIREMENTS UNDER § 5–503(B) OF THIS 27
	1141	+	5–509.2. 24
	1142	+
	1143	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
	1144	+	INDICATED. 26
	1145	+
	1146	+	(2) “DAM OWNER” HAS THE MEAN ING STATED IN § 5–509 OF THIS 27
1141	1147		SUBTITLE. 28
1142		-
1143		-	(C) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, ALL DAM OWNERS 29
1144		-	SHALL REGISTER THEIR DAMS ANNUALLY WITH T HE DEPARTMENT . 30
1145	1148		SENATE BILL 250 25
1146	1149
1147	1150
1148		-	(D) TO BEGINNING JANUARY 1, 2027, TO REGISTER WITH THE 1
1149		-	DEPARTMENT , A DAM OWNER SHALL : 2
	1151	+	(3) (I) “ELIGIBLE COST” MEANS ANY COST TO BE INCURRED BY A 1
	1152	+	DAM OWNER FOR THE RE PAIR, EMERGENCY REPAIR , OR PERMANENT BREACH OF A 2
	1153	+	DAM. 3
1150	1154
1151		-	(1) SUBMIT AN APPLICATION TO THE DEPARTMENT ON THE FOR M 3
1152		-	PROVIDED BY THE DEPARTMENT ; AND 4
	1155	+	(II) “ELIGIBLE COST” INCLUDES CONSTRUCTIO N ACTIVITIES, 4
	1156	+	ENGINEERING FEES , DEMOLITION, EXCAVATION, STABILIZATION, AND RELATED 5
	1157	+	COSTS. 6
1153	1158
1154		-	(2) ~~PAY TO~~ THE ~~DEPARTMENT A REGISTRA TION FEE~~. 5
	1159	+	(4) “FUND” MEANS THE PRIVATE DAM REPAIR FUND. 7
1155	1160
1156		-	(E) THE DEPARTMENT REGISTRATION FEE SHALL BE: 6
	1161	+	(5) “LOAN” MEANS A PRIVATE DAM REPAIR LOAN MADE IN 8
	1162	+	ACCORDANCE WITH THIS SECTION. 9
1157	1163
1158		-	(1) ESTABLISH THE REGISTR ATION FEE BY REGULATION FOR A LOW 7
1159		-	HAZARD CLASS DAM , $200; AND 8
	1164	+	(6) “PRIVATE DAM” MEANS A DAM THAT IS NOT OWNED BY THE 10
	1165	+	FEDERAL GOVERNMENT , THE STATE GOVERNMENT , OR A COUNTY OR MUNIC IPAL 11
	1166	+	GOVERNMENT . 12
1160	1167
1161		-	(2) ~~BASE~~ THE ~~REGISTRATION FEE ON THE DAM HAZAR~~ ~~D 9~~
1162		-	~~CLASSIFICATION FOR A SIGNIFICANT HAZ ARD CLASS DAM , $500; AND 10~~
	1168	+	(7) “UNSAFE CONDITION ” HAS THE MEANING STAT ED IN § 5–509 OF 13
	1169	+	THIS SUBTITLE. 14
1163	1170
1164		-	(3) ~~FOR~~ A ~~HIGH HAZARD CLA SS~~ DAM~~, $1,000~~. 11
	1171	+	(B) (1) THERE IS A PRIVATE DAM REPAIR FUND. 15
1165	1172
1166		-	(F) ~~REGISTRATION FEES COL LECTED UNDER THIS SECTION SHALL BE PAI D 12~~
1167		-	~~INTO~~ THE ~~PRIVATE DAM REPAIR FUND ESTABLISHED UNDE~~ R ~~§ 5–509.2~~ OF ~~THIS 13~~
1168		-	SUBTITLE. 14
	1173	+	(2) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 16
	1174	+	ASSISTANCE FOR THE R EPAIR, UPGRADE, OR REMOVAL OF PRIVAT E DAMS IN 17
	1175	+	ACCORDANCE WITH THIS SUBTITLE. 18
1169	1176
1170		-	(G) (1) THE DEPARTMENT SHALL ESTA BLISH CRITERIA TO FU LLY OR 15
1171		-	PARTIALLY WAIVE THE REGISTRATION FEE UND ER THIS SECTION DUE TO FINANCIAL 16
1172		-	HARDSHIP. 17
	1177	+	(3) THE MARYLAND WATER INFRASTRUCTURE FINANCING 19
	1178	+	ADMINISTRATION WITHIN THE DEPARTMENT SHALL ADMI NISTER THE FUND. 20
1173	1179
1174		-	(2) ~~THE WAIVER CRITERIA ESTA BLISHED UNDER PARAGR APH~~ (1) ~~OF 18~~
1175		-	~~THIS SUBSECTION SHAL L PRIORITIZE INDIVID UAL HOMEOWNERS~~ . 19
	1180	+	(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 21
	1181	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 22
1176	1182
1177		-	5–509.2. 20
	1183	+	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 23
	1184	+	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 24
1178	1185
1179		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
1180		-	INDICATED. 22
	1186	+	(D) THE FUND CONSISTS OF: 25
1181	1187
1182		-	(2) “DAM ~~OWNER” HAS~~ THE ~~MEANING STAT ED IN § 5–509 OF THIS 23~~
1183		-	~~SUBTITLE~~. 24
	1188	+	(1) DAM SAFETY PERMIT FEE S COLLECTED BY THE DEPARTMENT 26
	1189	+	UNDER § 5–203.2 OF THIS TITLE; 27
1184	1190
1185		-	(3) ~~(I) “ELIGIBLE~~ ~~COST” MEANS ANY COST TO BE INCURRED~~ BY ~~A 25~~
1186		-	~~DAM OWNER FOR THE RE PAIR, EMERGENCY REPAIR , OR PERMANENT BREACH~~ OF ~~A 26~~
1187		-	~~DAM. 27~~
	1191	+	(2) DAM OWNER REGISTRATIO N FEES COLLECTED BY THE 28
	1192	+	DEPARTMENT UNDER § 5–509.1 OF THIS SUBTITLE; 29
	1193	+	26 SENATE BILL 250
1188	1194
1189		-	(II) “ELIGIBLE COST” INCLUDES CONSTRUCTIO N ACTIVITIES, 28
1190		-	ENGINEERING FEES , DEMOLITION, EXCAVATION, STABILIZATION, AND RELATED 29
1191		-	COSTS. 30 26 SENATE BILL 250
	1195	+
	1196	+	(3) PAYMENTS RECEIVED FRO M BORROWERS FOR DEPO SIT INTO THE 1
	1197	+	FUND IN REPAYMENT OF LOANS ISSUED UNDER S UBSECTION (H) OF THIS SECTION, 2
	1198	+	INCLUDING ANY LOAN O RIGINATION FEES ; 3
	1199	+
	1200	+	(4) PENALTIES DISTRIBUTED TO THE FUND UNDER § 5–514(C)(2) OF 4
	1201	+	THIS SUBTITLE; 5
	1202	+
	1203	+	(5) FUNDS APPROPRIATED IN THE STATE BUDGET TO THE FUND; 6
	1204	+
	1205	+	(6) INTEREST EARNINGS ; AND 7
	1206	+
	1207	+	(7) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 8
	1208	+	THE BENEFIT OF THE FUND. 9
	1209	+
	1210	+	(E) THE FUND MAY BE USED ONLY FOR: 10
	1211	+
	1212	+	(1) PROVIDING FINANCIAL A SSISTANCE TO PRIVATE DAM OWNERS 11
	1213	+	FOR DEPARTMENT –DIRECTED UPGRADES , REPAIRS, OR REMOVALS; 12
	1214	+
	1215	+	(2) MAKING LOANS IN ACCOR DANCE WITH THIS SECT ION; 13
	1216	+
	1217	+	(3) FUNDING EMERGENCY REP AIRS AND REMOVALS OF PRIVATE 14
	1218	+	DAMS PERFORMED BY TH E DEPARTMENT ; AND 15
	1219	+
	1220	+	(4) REIMBURSING THE ADMIN ISTRATIVE COST TO TH E DEPARTMENT 16
	1221	+	OF PROCESSING AND IS SUING DAM SAFETY PERMITS AND PERFORMI NG THE DUTIES 17
	1222	+	UNDER § 5–509 OF THIS SUBTITLE. 18
	1223	+
	1224	+	(F) (1) THE STATE TREASURER SHALL INVES T MONEY OF THE FUND IN 19
	1225	+	THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 20
	1226	+
	1227	+	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 21
	1228	+	THE FUND. 22
	1229	+
	1230	+	(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 23
	1231	+	WITH THE STATE BUDGET . 24
	1232	+
	1233	+	(H) (1) (I) BEGINNING JULY 1, 2028, THE DEPARTMENT MAY PROVID E 25
	1234	+	LOANS FROM THE FUND TO OWNERS OF PRI VATE DAMS FOR THE PU RPOSE OF 26
	1235	+	REPAIRING OR REMOVIN G PRIVATE DAMS DE EMED TO BE IN AN UNS AFE CONDITION 27
	1236	+	BY THE DEPARTMENT . 28
	1237	+	SENATE BILL 250 27
	1238	+
	1239	+
	1240	+	(II) LOANS MADE UNDER THIS SUBSECTION SHALL BE 1
	1241	+	ADMINISTERED BY THE MARYLAND WATER INFRASTRUCTURE FINANCING 2
	1242	+	ADMINISTRATION IN ACC ORDANCE WITH §§ 9–1604 AND 9–1606 OF THIS ARTICLE. 3
	1243	+
	1244	+	(2) (I) THE DEPARTMENT MAY ESTABLISH CRITERIA FOR 4
	1245	+	AWARDING LOANS UNDER THE FUND. 5
	1246	+
	1247	+	(II) ELIGIBLE APPLICANTS M AY INCLUDE DAM OWNER S THAT: 6
	1248	+
	1249	+	1. HAVE AN APPROVED EMER GENCY ACTION PLAN IN 7
	1250	+	ACCORDANCE WITH § 5–503.1 OF THIS SUBTITLE; 8
	1251	+
	1252	+	2. HAVE HAD AN INSPECTIO N OF THE PRIVATE DAM 9
	1253	+	PERFORMED BY THE DEPARTMENT THAT DOCUM ENTS DEFICIENCIES IN 10
	1254	+	ACCORDANCE WITH § 5–509 OF THIS SUBTITLE WIT HIN THE PAST 24 MONTHS; 11
	1255	+
	1256	+	3. CAN DEMONSTRATE , WITH DOCUMENTATION , 12
	1257	+	ACTIONS TAKEN TO ADD RESS DEFICIENCIES IN DICATED IN INSPECTIO N REPORTS 13
	1258	+	PREPARED BY THE DEPARTMENT ; AND 14
	1259	+
	1260	+	4. HAVE DEMONSTRATED AN ABILITY TO REPAY A L OAN. 15
	1261	+
	1262	+	(3) EACH LOAN MAY BE IN A N AMOUNT THAT COVERS THE 16
	1263	+	REASONABLE AND NECES SARY ELIGIBLE COSTS OF A PROJECT, AS DETERMINED BY 17
	1264	+	THE DEPARTMENT , FOR WHICH FUNDS ARE SOUGHT BY TH E APPLICANT AND THAT 18
	1265	+	ARE NOT PROVIDED BY OTHER AVAILABLE SOUR CES. 19
	1266	+
	1267	+	(4) A DAM OWNER MAY USE MU LTIPLE PROGRAMS OR S OURCES TO 20
	1268	+	FUND THE REPAIR OR R EMOVAL COSTS FOR A D AM IN AN UNSAFE COND ITION UP TO 21
	1269	+	100% OF THE COSTS. 22
	1270	+
	1271	+	(5) A DAM OWNER SEEKING A LOAN SHALL SUBMIT A COMPLETE LO AN 23
	1272	+	APPLICATION TO THE DEPARTMENT ON A FORM PROVIDED BY THE DEPARTMENT . 24
	1273	+
	1274	+	(6) THE REPAYMENT PERIOD FOR A LOAN MAY NOT E XCEED 20 25
	1275	+	YEARS. 26
	1276	+
	1277	+	(7) THE LOAN SHALL BE MAD E AT OR BELOW MARKET INTEREST 27
	1278	+	RATES. 28
	1279	+
	1280	+	(8) THE DEPARTMENT MAY CHARGE A LOAN ORIGINATION FEE THAT 29
	1281	+	MAY BE USED FOR THE REASONABLE COST OF A DMINISTERING THE LOA N PROGRAM. 30
	1282	+	28 SENATE BILL 250
	1283	+
	1284	+
	1285	+	(9) IF THE DEPARTMENT DETERMINES THAT A DAM OWNER DOE S 1
	1286	+	NOT HAVE THE FINANCI AL RESOURCES TO REPA Y A LOAN GRANTED UND ER THIS 2
	1287	+	SUBSECTION, THE DEPARTMENT MAY , AT THE DEPARTMENT ’S DISCRETION , 3
	1288	+	AUTHORIZE PARTIAL FO RGIVENESS OF THE LOA N. 4
	1289	+
	1290	+	(10) FULL REPAYMENT OF THE LOAN SHALL BE REQUIR ED ON SALE OR 5
	1291	+	TRANSFER OF THE PROP ERTY. 6
	1292	+
	1293	+	(11) (I) THE DEPARTMENT MAY ESTABL ISH REMEDIES FOR LOA N 7
	1294	+	RECIPIENTS WHO FAIL TO MEET REPAYM ENT OBLIGATIONS UNDE R THE LOAN 8
	1295	+	TERMS. 9
	1296	+
	1297	+	(II) IN ADDITION TO ANY OT HER ACTION AUTHORIZE D BY THIS 10
	1298	+	SUBTITLE, THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER 11
	1299	+	PRINCIPAL, INTEREST, LATE FEES AND PENALT IES, ATTORNEY’S FEES, AND COSTS 12
	1300	+	FROM ANY LOAN RECIPI ENT THAT DEFAULTS ON THE LOAN RECIPIENT ’S 13
	1301	+	OBLIGATIONS UNDER TH E LOAN AGREEMENT . 14
	1302	+
	1303	+	(III) 1. IN THE EVENT OF A DEF AULT ON A LOAN OBLIG ATION 15
	1304	+	ISSUED UNDER THIS SU BSECTION, THE DEPARTMENT MAY PLACE A LIEN AGAINST 16
	1305	+	THE PROPERTY THAT , SUBJECT TO THE TAX L IENS OF THE FEDERAL, STATE, AND 17
	1306	+	LOCAL GOVERNMENTS , SHALL HAVE THE SAME PRIORITY AND STATUS AS A LIEN OF 18
	1307	+	THE STATE FOR UNPAID TAXE S UNDER §§ 14–804 AND 14–805 OF THE 19
	1308	+	TAX – PROPERTY ARTICLE. 20
	1309	+
	1310	+	2. THE DEPARTMENT MAY EXERCI SE THE SAME RIGHTS 21
	1311	+	AND POWERS IN ENFORC ING THE LIEN AND COL LECTING FUNDS FOR TH E PAYMENT 22
	1312	+	OF AMOUNTS IN DEFAUL T UNDER THE LOAN OBL IGATION AS THE STATE MAY 23
	1313	+	EXERCISE IN COLLECTI NG UNPAID TAXES UNDE R TITLE 14, SUBTITLE 8 OF THE 24
	1314	+	TAX – PROPERTY ARTICLE. 25
	1315	+
	1316	+	(12) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT 26
	1317	+	THIS SUBSECTION . 27
	1318	+
	1319	+	(I) ON OR BEFORE NOVEMBER 1, 2026, AND EACH NOVEMBER 1 28
	1320	+	THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , SUBJECT 29
	1321	+	TO § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 30
	1322	+
	1323	+	(1) THE STATUS OF THE FUND; 31
	1324	+
	1325	+	(2) REVENUES, ENCUMBRANCES TO , AND EXPENDITURES FRO M THE 32
	1326	+	FUND; 33
	1327	+	SENATE BILL 250 29
	1328	+
	1329	+
	1330	+	(3) A DESCRIPTION OF THE P ROJECTS FUNDED BY TH E FUND; AND 1
	1331	+
	1332	+	(4) THE NUMBER OF APPLICA TIONS FOR FINANCIAL ASSISTANCE 2
	1333	+	FROM THE FUND THAT WERE DENIED . 3
	1334	+
	1335	+	5–514. 4
	1336	+
	1337	+	(a) (1) In addition to being subject to an injunctive action under this subtitle, 5
	1338	+	a person who violates any provision of this subtitle [relating to water appropriation and 6
	1339	+	use] or any [rule,] regulation, order, or permit adopted or issued under [any such provision] 7
	1340	+	THIS SUBTITLE is liable for a civil penalty not exceeding [$5,000] $10,000 per violation 8
	1341	+	to be collected in a civil action brought by the Department. 9
	1342	+
	1343	+	(2) Each day a violation occurs or continues is a separate violation under 10
	1344	+	this subsection. 11
	1345	+
	1346	+	(3) (i) Before bringing a civil action against a local government under 12
	1347	+	this subsection, the Department shall meet and consult with the local government to seek 13
	1348	+	an alternative resolution to the contested issue. 14
	1349	+
	1350	+	(ii) Prior consultation by the Department with the local government 15
	1351	+	shall constitute compliance with this subsection. 16
	1352	+
	1353	+	(b) A person who violates a provision of this subtitle or a regulation adopted under 17
	1354	+	this subtitle is subject to the penalties provided in § 9–343 of this article. 18
	1355	+
	1356	+	(c) (1) [All] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 19
	1357	+	SUBSECTION, ALL funds collected by the Department under this section, including any 20
	1358	+	civil penalty or any fine imposed by a court under the provisions of this section, shall be 21
	1359	+	paid into the Maryland Clean Water Fund. 22
	1360	+
	1361	+	(2) FUNDS COLLECTED BY TH E DEPARTMENT UNDER THIS SECTION 23
	1362	+	RELATING TO AN UNSAF E CONDITION, AS DEFINED IN § 5–509 OF THIS SUBTITLE , 24
	1363	+	SHALL BE PAID INTO T HE PRIVATE DAM REPAIR FUND. 25
	1364	+
	1365	+	6–843. 26
	1366	+
	1367	+	(a) (1) Except as provided in this subsection and subsection (b) of this section, 27
	1368	+	and in cooperation with the Department of Housing and Community Development, the 28
	1369	+	State Department of Assessments and Taxation, and other appropriate governmental 29
	1370	+	units, the Department shall provide for the collection of [an annual] A fee for every rental 30
	1371	+	dwelling unit in the State. 31
	1372	+
	1373	+	(2) [The annual fee for an affected property is $30] FOR AN AFFECTED 32
	1374	+	PROPERTY, THE FEE: 33
	1375	+	30 SENATE BILL 250
	1376	+
	1377	+
	1378	+	(I) IS $120; AND 1
	1379	+
	1380	+	(II) SHALL BE COLLECTED BY THE DEPARTMENT ONCE EVERY 2
	1381	+	2 YEARS. 3
	1382	+
	1383	+	(3) (i) 1. Subject to the provisions of subparagraphs (ii) and (iii) of 4
	1384	+	this paragraph, on or before December 31, 2000, the [annual] fee for a rental dwelling unit 5
	1385	+	built after 1949 that is not an affected property is $5. 6
	1386	+
	1387	+	2. After December 31, 2000, there is no [annual] fee for a 7
	1388	+	rental dwelling unit built after 1949 that is not an affected property. 8
	1389	+
	1390	+	(ii) The owner of a rental dwelling unit built after 1949 that is not 9
	1391	+	an affected property may not be required to pay the fee provided under this paragraph if 10
	1392	+	the owner certifies to the Department that the rental dwelling unit is lead free pursuant to 11
	1393	+	§ 6–804 of this subtitle. 12
	1394	+
	1395	+	(iii) An owner of a rental dwelling unit who submits a report to the 13
	1396	+	Department that the rental dwelling unit is lead free pursuant to § 6–804 of this subtitle 14
	1397	+	shall include a [$10] $50 processing fee with the report. 15
	1398	+
	1399	+	(b) The fees imposed under this section do not apply to any rental dwelling unit: 16
	1400	+
	1401	+	(1) Built after 1978; or 17
	1402	+
	1403	+	(2) Owned and operated by a unit of federal, State, or local government, or 18
	1404	+	any public, quasi–public, or municipal corporation. 19
	1405	+
	1406	+	(c) (1) The fee imposed under this section shall be paid on or before December 20
	1407	+	31, 1995, or the date of registration of the affected property under Part III of this subtitle 21
	1408	+	and on or before December 31 [of each] EVERY OTHER year thereafter or according to a 22
	1409	+	schedule established by the Department by regulation. 23
	1410	+
	1411	+	(2) THE DEPARTMENT MAY ESTABL ISH A PROTOCOL TO ST AGGER 24
	1412	+	REGISTRATIONS OF AFF ECTED PROPERTY UNDER PART III OF THIS SUBTITLE TO 25
	1413	+	EQUALLY DIVIDE REGIS TRATIONS OVER SEQUEN TIAL CALENDAR YEARS . 26
	1414	+
	1415	+	(d) An owner who fails to pay the fee imposed under this section is liable for a 27
	1416	+	civil penalty of up to triple the amount of each registration fee unpaid that, together with 28
	1417	+	all costs of collection, including reasonable attorney’s fees, shall be collected in a civil action 29
	1418	+	in any court of competent jurisdiction. 30
	1419	+
	1420	+	7–503. 31
	1421	+
	1422	+	(a) There is a Voluntary Cleanup Program in the Department. 32
	1423	+	SENATE BILL 250 31
	1424	+
	1425	+
	1426	+	(b) The purpose of the Voluntary Cleanup Program is to: 1
	1427	+
	1428	+	(1) Encourage the investigation of eligible properties with known or 2
	1429	+	perceived contamination; 3
	1430	+
	1431	+	(2) Protect public health and the environment where cleanup projects are 4
	1432	+	being performed or need to be performed; 5
	1433	+
	1434	+	(3) Accelerate cleanup of eligible properties; and 6
	1435	+
	1436	+	(4) Provide predictability and finality to the cleanup of eligible properties. 7
	1437	+
	1438	+	7–506. 8
	1439	+
	1440	+	(a) (1) To participate in the Program, an applicant shall: 9
	1441	+
	1442	+	(i) Submit an application, on a form provided by the Department, 10
	1443	+	that includes: 11
	1444	+
	1445	+	1. Information demonstrating to the satisfaction of the 12
	1446	+	Department that the contamination did not result from the applicant knowingly or willfully 13
	1447	+	violating any law or regulation concerning controlled hazardous substances; 14
	1448	+
	1449	+	2. Information demonstrating the person’s status as a 15
	1450	+	responsible person or an inculpable person; 16
	1451	+
	1452	+	3. Information demonstrating that the property is an eligible 17
	1453	+	property as defined in § 7–501 of this subtitle; 18
	1454	+
	1455	+	4. A detailed report with all available relevant information 19
	1456	+	on environmental conditions including contamination at the eligible property known to the 20
	1457	+	applicant at the time of the application; 21
	1458	+
	1459	+	5. An environmental site assessment that includes: 22
	1460	+
	1461	+	A. Established Phase I site assessment standards and follows 23
	1462	+	principles established by the American Society for Testing and Materials and that 24
	1463	+	demonstrates to the satisfaction of the Department that the assessment has been conducted 25
	1464	+	in accordance with those standards and principles; and 26
	1465	+
	1466	+	B. A Phase II site assessment unless the Department 27
	1467	+	concludes, after review of the Phase I site assessment, that there is sufficient information 28
	1468	+	to determine that there are no recognized environmental conditions, as defined by the 29
	1469	+	American Society for Testing and Materials; and 30
	1470	+	32 SENATE BILL 250
	1471	+
	1472	+
	1473	+	6. A description, in summary form, of a proposed voluntary 1
	1474	+	cleanup project that includes the proposed cleanup criteria under § 7–508 of this subtitle 2
	1475	+	and the proposed future use of the property, if appropriate; and 3
	1476	+
	1477	+	(ii) Subject to paragraph (2) of this subsection, pay to the 4
	1478	+	Department: 5
	1479	+
	1480	+	1. An initial application fee of [$6,000] $10,000 which the 6
	1481	+	Department may reduce on a demonstration of financial hardship in accordance with 7
	1482	+	subsection (b) of this section; 8
	1483	+
	1484	+	2. An application fee of $2,000 for each application submitted 9
	1485	+	subsequent to the initial application for the same property; [and] 10
	1486	+
	1487	+	3. An application fee of $2,000 for each application submitted 11
	1488	+	subsequent to the initial application for contiguous or adjacent properties that are part of 12
	1489	+	the same planned unit development or a similar development plan; AND 13
	1490	+
	1491	+	4. IF THE DIRECT COSTS O F REVIEW OF THE 14
	1492	+	APPLICATION AND ADMI NISTRATION AND OVERS IGHT OF THE RESPONSE ACTION 15
	1493	+	PLAN EXCEED THE APPL ICATION FEE, THE ADDITIONAL COSTS INCURRED BY THE 16
	1494	+	DEPARTMENT . 17
	1495	+
	1496	+	(2) If an applicant certifies that the applicant intends to use the eligible 18
	1497	+	property to generate clean or renewable energy, the Department shall waive the fees 19
	1498	+	required under paragraph (1)(ii) of this subsection. 20
	1499	+
	1500	+	(b) The Department shall adopt regulations to establish criteria for determining 21
	1501	+	whether an applicant has: 22
	1502	+
	1503	+	(1) Demonstrated financial hardship; or 23
	1504	+
	1505	+	(2) Certified that the applicant intends to use the eligible property to 24
	1506	+	generate clean or renewable energy. 25
	1507	+
	1508	+	9–283. 26
	1509	+
	1510	+	(a) Except as provided in subsection (c) of this section, by regulation, the 27
	1511	+	Department shall establish and collect a fee to be paid by a generator of coal combustion 28
	1512	+	by–products, based on a per ton rate of coal combustion by–products generated by the 29
	1513	+	generator annually. 30
	1514	+
	1515	+	(b) The Department shall base the fees on the following factors: 31
	1516	+
	1517	+	(1) The total annual tonnage of coal combustion by–products that the 32
	1518	+	generator generates; 33 SENATE BILL 250 33
1192	1519
1193	1520
1194	1521
1195		-	(4) “FUND” MEANS THE PRIVATE DAM REPAIR FUND. 1
	1522	+	(2) The type and volume of coal combustion by–products generated by the 1
	1523	+	generator; 2
1196	1524
1197		-	(5) ~~“LOAN” MEANS A PRIVATE DAM REPAIR LOAN MADE IN 2~~
1198		-	~~ACCORDANCE WITH THIS SECTION. 3~~
	1525	+	(3) Whether the generator uses or disposes of the coal combustion 3
	1526	+	by–products; 4
1199	1527
1200		-	(6) “PRIVATE DAM” MEANS A DAM THAT IS NOT OWNED BY THE 4
1201		-	FEDERAL GOVERNMENT , THE STATE GOVERNMENT , OR A COUNTY OR MUNIC IPAL 5
1202		-	GOVERNMENT . 6
	1528	+	(4) To the extent that the coal combustion by–products are used rather 5
	1529	+	than disposed of, the types of the uses; 6
1203	1530
1204		-	(7) ~~“UNSAFE CONDITION ” HAS~~ THE ~~MEANING STAT ED IN § 5–509 OF~~ 7
1205		-	~~THIS SUBTITLE.~~ 8
	1531	+	(5) Whether the coal combustion by–products are transported for use or 7
	1532	+	disposal out–of–state; [and] 8
1206	1533
1207		-	(B) (1) THERE IS A PRIVATE DAM REPAIR FUND. 9
	1534	+	(6) THE VOLUME OF COAL CO MBUSTION BY–PRODUCTS THAT HAVE 9
	1535	+	BEEN DISPOSED OF AND REMAIN IN LANDFILLS OR OTHER STORAGE UNI TS IN THE 10
	1536	+	STATE THAT ARE SUBJEC T TO INSPECTION AND MONITORING , NOT INCLUDING COAL 11
	1537	+	COMBUSTION BY –PRODUCTS THAT HAVE B EEN: 12
1208	1538
1209		-	(2) THE PURPOSE OF THE FUND IS TO PROVIDE FI NANCIAL 10
1210		-	ASSISTANCE FOR THE R EPAIR, UPGRADE, OR REMOVAL OF PRIVAT E DAMS IN 11
1211		-	ACCORDANCE WITH THIS SUBTITLE. 12
	1539	+	(I) ADDED TO CEMENT PRODU CTS; 13
1212	1540
1213		-	(3) THE MARYLAND WATER INFRASTRUCTURE FINANCING 13
1214		-	ADMINISTRATION WITHIN THE DEPARTMENT SHALL ADMI NISTER THE FUND. 14
	1541	+	(II) USED IN COAL MINE RECLAMA TION; OR 14
1215	1542
1216		-	(C) ~~(1)~~ THE ~~FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT~~ 15
1217		-	~~SUBJECT TO § 7–302 OF THE STATE FINANCE~~ AND ~~PROCUREMENT ARTICLE.~~ 16
	1543	+	(III) BENEFICIALLY REUSED I N A MANNER ACCEPTABL E TO THE 15
	1544	+	DEPARTMENT ; AND 16
1218	1545
1219		-	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 17
1220		-	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
	1546	+	(7) Other factors the Department considers appropriate. 17
1221	1547
1222		-	(D) THE FUND CONSISTS OF : 19
	1548	+	(c) The Department may not establish or impose a fee on coal combustion 18
	1549	+	by–products that are: 19
1223	1550
1224		-	(1) DAM SAFETY PERMIT FEE S COLLECTED BY THE DEPARTMENT 20
1225		-	UNDER § 5–203.2 OF THIS TITLE; 21
	1551	+	(1) Beneficially used, as the Department determines; or 20
1226	1552
1227		-	(2) ~~DAM OWNER REGISTRATIO N FEES COLLECTED BY~~ THE 22
1228		-	DEPARTMENT ~~UNDER § 5–509.1~~ OF ~~THIS SUBTITLE;~~ 23
	1553	+	(2) Used for coal mine reclamation in accordance with regulations the 21
	1554	+	Department adopts or with regulations of the receiving state. 22
1229	1555
1230		-	(3) PAYMENTS RECEIVED FRO M BORROWERS FOR DEPO SIT INTO THE 24
1231		-	FUND IN REPAYMENT OF LOANS ISSUED UNDER S UBSECTION (H) OF THIS SECTION, 25
1232		-	INCLUDING ANY LOAN O RIGINATION FEES ; 26
	1556	+	(d) Fees imposed on coal combustion by–products that are transported for use or 23
	1557	+	disposal out–of–state may not exceed 50% of the fees established for disposal in–State. 24
1233	1558
1234		-	(4) ~~PENALTIES DISTRIBUTED TO~~ THE ~~FUND~~ UNDER ~~§ 5–514(C)(2) OF 27~~
1235		-	THIS SUBTITLE~~; 28~~
	1559	+	(e) The fees collected by the Department under this section shall be deposited into 25
	1560	+	the Fund and used in accordance with § 9–284 of this subtitle. 26
1236	1561
1237		-	(5) FUNDS APPROPRIATED IN THE STATE BUDGET TO THE FUND; 29
1238		-	SENATE BILL 250 27
	1562	+	(f) The fees imposed shall be set at the rate necessary to implement the purposes 27
	1563	+	set forth in § 9–284 of this subtitle. 28
	1564	+
	1565	+	(g) In any fiscal year, if the fee schedule established by the Department generates 29
	1566	+	revenue that exceeds the amount necessary to operate a regulatory program to control the 30 34 SENATE BILL 250
1239	1567
1240	1568
1241		-	(6) INTEREST EARNINGS ; AND 1
	1569	+	management of coal combustion by–products, the Department shall reduce the fees in the 1
	1570	+	following fiscal year. 2
1242	1571
1243		-	(7) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 2
1244		-	THE BENEFIT OF THE FUND. 3
	1572	+	9–320. 3
1245	1573
1246		-	(E) THE ~~FUND MAY~~ BE ~~USED ONLY FOR~~: 4
	1574	+	(b) The following payments shall be made into the Maryland Clean Water Fund: 4
1247	1575
1248		-	(1) PROVIDING FINANCIAL A SSISTANCE TO PRIVATE DAM OWNERS 5
1249		-	FOR DEPARTMENT –DIRECTED UPGRADES , REPAIRS, OR REMOVALS ; 6
	1576	+	(1) All application fees, permit fees, renewal fees, and funds collected by 5
	1577	+	the Department under this subtitle, including any civil or administrative penalty or any 6
	1578	+	fine imposed by a court under the provisions of this subtitle; 7
1250	1579
1251		-	(2) MAKING LOANS IN ACCOR DANCE WITH THIS SECT ION; 7
	1580	+	(2) Any civil penalty or any fine imposed by a court under the provisions of 8
	1581	+	Title 5, Subtitle 5 of this article relating to water appropriation and use; 9
1252	1582
1253		-	(3) ~~FUNDING EMERGENCY REPAIRS AND REMOVALS OF PRIV ATE 8~~
1254		-	~~DAMS PERFORMED BY TH E DEPARTMENT~~ ; ~~AND 9~~
	1583	+	(3) Any civil or administrative penalty or any fine imposed by a court under 10
	1584	+	the provisions of Title 4, Subtitle 1 of this article; 11
1255	1585
1256		-	(4) ~~REIMBURSING~~ THE ~~ADMIN ISTRATIVE COST TO TH E~~ DEPARTMENT 10
1257		-	OF ~~PROCESSING~~ AND ~~IS SUING DAM SAFETY PER MITS~~ AND ~~PERFORMING THE DUTIES 11~~
1258		-	UNDER ~~§ 5–509~~ OF THIS ~~SUBTITLE. 12~~
	1586	+	(4) Any fees or funds that the Department collects under Subtitle 2, Part 12
	1587	+	III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 13
	1588	+	or fine imposed by a court under the provisions of Subtitle 2 of this title; [and] 14
1259	1589
1260		-	(F) (1) THE STATE TREASURER SHALL INVES T MONEY OF THE FUND IN 13
1261		-	THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 14
	1590	+	(5) Any fees or funds that the Department collects under Subtitle 24 of this 15
	1591	+	title and any civil or administrative penalty or fine imposed by a court under the provisions 16
	1592	+	of Subtitle 24 of this title; AND 17
1262	1593
1263		-	(2) ANY ~~INTEREST EARNINGS OF~~ THE ~~FUND SHALL BE CREDITE D TO 15~~
1264		-	~~THE~~ FUND. 16
	1594	+	(6) ANY OTHER FEES LEGALL Y AUTHORIZED TO BE P AID INTO THE 18
	1595	+	MARYLAND CLEAN WATER FUND. 19
1265	1596
1266		-	(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 17
1267		-	WITH THE STATE BUDGET . 18
	1597	+	9–1606. 20
1268	1598
1269		-	(H) (1) (I) BEGINNING JULY 1, 2028, THE DEPARTMENT MAY PROVID E 19
1270		-	LOANS FROM THE FUND TO OWNERS OF PRI VATE DAMS FOR THE PU RPOSE OF 20
1271		-	REPAIRING OR REMOVIN G PRIVATE DAMS DEEME D TO BE IN AN UNSAFE CONDITION 21
1272		-	BY THE DEPARTMENT . 22
	1599	+	(a) (1) A loan made by the Administration shall be evidenced by a loan 21
	1600	+	agreement. 22
1273	1601
1274		-	(II) LOANS MADE ~~UN DER THIS SUBSECTION SHALL BE~~ 23
1275		-	~~ADMINISTERED BY~~ THE ~~MARYLAND WATER INFRASTRUCTURE FINANCING~~ 24
1276		-	~~ADMINISTRATION IN ACC ORDANCE WITH §§~~ 9–~~1604 AND 9–1606~~ OF THIS ~~ARTICLE~~. 25
	1602	+	(2) Loans made from the Water Quality Fund, except for loans made in 23
	1603	+	accordance with § 9–1605(d)(9) of this subtitle, shall be subject to the provisions of § 24
	1604	+	9–1605(d)(1) of this subtitle. 25
1277	1605
1278		-	(2) (I) THE DEPARTMENT MAY ESTABL ISH CRITERIA FOR 26
1279		-	AWARDING LOANS UNDER THE FUND. 27
	1606	+	(3) Loans made from the Drinking Water Loan Fund, except for loans made 26
	1607	+	in accordance with § 9–1605.1(d)(10) of this subtitle, shall be subject to the provisions of § 27
	1608	+	9–1605.1(d)(1) of this subtitle. 28
1280	1609
1281		-	(II) ELIGIBLE APPLICANTS MA Y INCLUDE DAM OWNERS THAT: 28
	1610	+	(4) LOANS MADE FROM THE PRIVATE DAM REPAIR FUND SHALL BE 29
	1611	+	SUBJECT TO THE PROVI SIONS OF § 5–509.2 OF THIS ARTICLE. 30
1282	1612
1283		-	1. HAVE AN APPROVED EMER GENCY ACTION PLAN IN 29
1284		-	ACCORDANCE WITH § 5–503.1 OF THIS SUBTITLE; 30 28 SENATE BILL 250
	1613	+	(5) Subject to the provisions of any applicable bond resolution, the 31
	1614	+	Administration may consent to the modification, with respect to rate of interest, time of 32 SENATE BILL 250 35
	1615	+
	1616	+
	1617	+	payment of any installment of principal or interest, security, or any other term of any loan 1
	1618	+	agreement or loan obligation. 2
	1619	+
	1620	+	(6) In connection with any security received by or owned by the 3
	1621	+	Administration, including any loan obligations, the Administration may commence any 4
	1622	+	action to protect or enforce the rights conferred upon it by any law or loan agreement or 5
	1623	+	loan obligation. 6
	1624	+
	1625	+	(b) Notwithstanding any other provision of public general or public local law, 7
	1626	+	charter, or ordinance, a borrower may issue and sell loan obligations to the Administration: 8
	1627	+
	1628	+	(1) At private sale, without public bidding; 9
	1629	+
	1630	+	(2) Without regard to any limitations on the denomination of such 10
	1631	+	obligations; and 11
	1632	+
	1633	+	(3) At any interest rate or cost or at any price that the borrower considers 12
	1634	+	necessary or desirable. 13
	1635	+
	1636	+	(c) A borrower may pay any fees or charges necessary to enable the 14
	1637	+	Administration to sell its bonds, including any fees for the insurance of its loan obligations 15
	1638	+	or bonds of the Administration, or to provide any other guarantee, credit enhancement, or 16
	1639	+	additional security for any such loan obligations or bonds. 17
	1640	+
	1641	+	(d) (1) Notwithstanding any other provision of public general or public local 18
	1642	+	law, charter, or ordinance, a borrower may agree with the Administration to pledge any 19
	1643	+	[moneys] MONEY that the borrower is entitled to receive from the State, including the 20
	1644	+	borrower’s share of the State income tax, to secure its obligations under a loan agreement. 21
	1645	+
	1646	+	(2) The State Comptroller and the State Treasurer shall cause any 22
	1647	+	[moneys] MONEY withheld under such a pledge to be paid to, or applied at the direction of, 23
	1648	+	the Administration. 24
	1649	+
	1650	+	(e) Each loan agreement shall contain a provision whereby the borrower 25
	1651	+	acknowledges and agrees that [the]: 26
	1652	+
	1653	+	(1) THE borrower’s loan obligation is cancelable only upon repayment in 27
	1654	+	full; and [that neither] 28
	1655	+
	1656	+	(2) NEITHER the Administration, the Secretary, nor the Board is 29
	1657	+	authorized to forgive the repayment of all or any portion of the loan, except for [loans]: 30
	1658	+
	1659	+	(I) LOANS to disadvantaged communities, pursuant to the federal 31
	1660	+	Safe Drinking Water Act[, and loans]; 32
	1661	+	36 SENATE BILL 250
	1662	+
	1663	+
	1664	+	(II) LOANS made in accordance wit h §§ 9–1605(d)(9) and 1
	1665	+	9–1605.1(d)(10) of this subtitle; AND 2
	1666	+
	1667	+	(III) LOANS MADE IN ACCORDA NCE WITH § 5–509.2(H) OF THIS 3
	1668	+	ARTICLE. 4
	1669	+
	1670	+	(f) (1) In the event of a default on a loan obligation by a borrower other than 5
	1671	+	a local government, the Administration may place a lien against property of the borrower 6
	1672	+	securing the loan which, subject to the tax liens of the federal, State, and local governments, 7
	1673	+	shall have the same priority and status as a lien of the State for unpaid taxes under §§ 8
	1674	+	14–804 and 14–805 of the Tax – Property Article. 9
	1675	+
	1676	+	(2) The Administration may exercise the same rights and powers in 10
	1677	+	enforcing such lien and collecting funds for the payment of amounts in default under the 11
	1678	+	loan obligation as the State may exercise in collecting unpaid taxes under Title 14, Subtitle 12
	1679	+	8 of the Tax – Property Article. 13
	1680	+
	1681	+	15–807. 14
	1682	+
	1683	+	(a) Except as otherwise provided in this subtitle, a person may not engage in 15
	1684	+	surface mining within the State without first obtaining a surface mining license. 16
	1685	+
	1686	+	(b) (1) An application for a license shall be in writing and on a form prepared 17
	1687	+	and furnished by the Department. 18
	1688	+
	1689	+	(2) If the application is made by a corporation, partnership, or association 19
	1690	+	[it] THE APPLICATION shall contain information concerning its officers, directors, and 20
	1691	+	principal owners, as the Department reasonably requires. 21
	1692	+
	1693	+	(c) (1) The application shall be accompanied by a [$300] $500 fee. 22
	1694	+
	1695	+	(2) (I) The license shall be renewable annually[, and the]. 23
	1696	+
	1697	+	(II) THE renewal fee is [$150] $300. 24
	1698	+
	1699	+	(III) The application for renewal shall be made annually by January 25
	1700	+	1. 26
	1701	+
	1702	+	(d) The Department may not issue any new surface mining license or renew any 27
	1703	+	existing surface mining license to any person if it finds, after investigation, that the 28
	1704	+	applicant has failed and continues to fail to comply with any of the provisions of this 29
	1705	+	subtitle. 30
	1706	+
	1707	+	(e) A license under this section is not required for the following activities: 31
	1708	+	SENATE BILL 250 37
	1709	+
	1710	+
	1711	+	(1) Those aspects of deep mining that do not have a significant effect on the 1
	1712	+	surface, if the affected land does not exceed 3 acres in area; 2
	1713	+
	1714	+	(2) Operations engaged in processing minerals; 3
	1715	+
	1716	+	(3) Excavation or grading conducted solely in aid of on–site farming or 4
	1717	+	on–site construction for purposes other than surface mining; 5
	1718	+
	1719	+	(4) Removal of overburden and mining of limited amounts of any mineral 6
	1720	+	when done only for the purpose of prospecting and to the extent necessary to determine the 7
	1721	+	location, quantity, or quality of any natural deposit, if no minerals are sold, processed for 8
	1722	+	sale, or consumed in the regular operation of business; 9
	1723	+
	1724	+	(5) The handling, processing, or storage of slag and stone on the premises 10
	1725	+	of a manufacturer as a part of any manufacturing process that requires stone as a raw 11
	1726	+	material or produces slag as a by–product; 12
	1727	+
	1728	+	(6) The extraction of minerals by a landowner for the landowner’s own 13
	1729	+	noncommercial use from land owned or leased by the landowner; 14
	1730	+
	1731	+	(7) Mining operations if the affected land does not exceed 1 acre in area; 15
	1732	+
	1733	+	(8) Dredging from submerged public or private lands in the State if this 16
	1734	+	activity is conducted under a license from the State Board of Public Works or by permit 17
	1735	+	from the Department, as provided for in Title 16 of this article; or 18
	1736	+
	1737	+	(9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits 19
	1738	+	for highway construction purposes or other public facilities, if the work is performed under 20
	1739	+	a bond, a contract, and the specifications of the Department that require reclamation of the 21
	1740	+	area affected in the manner provided by this subtitle. 22
	1741	+
	1742	+	(f) (1) Any person who violates the provisions of this section is guilty of a 23
	1743	+	misdemeanor and, on conviction, is subject to a fine of not more than $10,000. 24
	1744	+
	1745	+	(2) The fine shall be paid to the Surface Mined Land Reclamation Fund. 25
	1746	+
	1747	+	15–815. 26
	1748	+
	1749	+	(a) (1) Any permittee engaged in surface mining under a surface mining 27
	1750	+	permit may apply at any time for modification of the permit. 28
	1751	+
	1752	+	(2) The application shall be in writing on forms furnished by the 29
	1753	+	Department and fully state the information called for. [In addition, the] 30
	1754	+
	1755	+	(3) THE applicant may be required to furnish [other] ADDITIONAL 31
	1756	+	information THAT the Department reasonably deems necessary to enforce this subtitle. 32 38 SENATE BILL 250
	1757	+
	1758	+
	1759	+	[However, it is not necessary to resubmit information which has not changed since the 1
	1760	+	original application, if the applicant so states in writing] 2
	1761	+
	1762	+	(4) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 3
	1763	+	NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES N OT HAVE 4
	1764	+	TO RESUBMIT THAT INF ORMATION. 5
	1765	+
	1766	+	(b) (1) A modification under this section may affect [the]: 6
	1767	+
	1768	+	(I) THE land area covered by the permit[, the]; 7
	1769	+
	1770	+	(II) THE approved mining and reclamation plan coupled with the 8
	1771	+	permit[, or other]; OR 9
	1772	+
	1773	+	(III) OTHER terms and conditions of the permit. 10
	1774	+
	1775	+	(2) (I) A permit may be modified to include land contiguous to the 11
	1776	+	existing affected land, but not other lands. 12
	1777	+
	1778	+	(II) The mining and reclamation plan may be modified in any 13
	1779	+	manner, if the Department determines that the modified plan fully meets the standards 14
	1780	+	set forth in § 15–822 of this subtitle and that the modifications would be generally 15
	1781	+	consistent with the bases for the issuance of the original permit. 16
	1782	+
	1783	+	(III) Other terms and conditions may be modified only if the 17
	1784	+	Department determines that the permit as modified would meet the requirements of §§ 18
	1785	+	15–808 and 15–810 of this subtitle. [No] 19
	1786	+
	1787	+	(IV) A modification may NOT extend the expiration date of any 20
	1788	+	permit issued under this subtitle. 21
	1789	+
	1790	+	(c) Except as otherwise provided in subsection (d) of this section, a [$100] $200 22
	1791	+	fee shall be charged for a permit modification. 23
	1792	+
	1793	+	(d) (1) In addition to the fee required in subsection (c) of this section, a fee shall 24
	1794	+	be charged equal to [$12] $75 for each additional acre of affected land over and above the 25
	1795	+	amount of land covered in the original permit, for each year of operation. 26
	1796	+
	1797	+	(2) The additional fee may not exceed [$1,000 per year]: 27
	1798	+
	1799	+	(I) $10,000 IN FISCAL YEAR 2026; 28
	1800	+
	1801	+	(II) $10,500 IN FISCAL YEAR 2027; 29
	1802	+
	1803	+	(III) $11,000 IN FISCAL YEAR 2028; 30 SENATE BILL 250 39
1285	1804
1286	1805
1287	1806
1288		-	2. HAVE HAD AN INSPECTIO N OF THE PRIVATE DAM 1
1289		-	PERFORMED BY THE DEPARTMENT THAT DOCUM ENTS DEFICIENCIES IN 2
1290		-	ACCORDANCE WITH § 5–509 OF THIS SUBTITLE WIT HIN THE PAST 24 MONTHS; 3
	1807	+	(IV) $11,500 IN FISCAL YEAR 2029; AND 1
1291	1808
1292		-	3. CAN DEMONSTRATE , WITH DOCUMENTATION , 4
1293		-	ACTIONS TAKEN TO ADD RESS DEFICIENCIES IN DICATED IN INSPECTIO N REPORTS 5
1294		-	PREPARED BY THE DEPARTMENT ; AND 6
	1809	+	(V) $12,000 IN FISCAL YEAR 2030 AND EACH FISCAL YEAR 2
	1810	+	THEREAFTER . 3
1295	1811
1296		-	4. HAVE DEMONSTRATED AN ABILITY TO REPAY A LOAN. 7
	1812	+	(e) The Department shall approve and grant the permit modification requested 4
	1813	+	as expeditiously as possible but not later than 30 days after the application forms or any 5
	1814	+	supplemental information required are filed with the Department. 6
1297	1815
1298		-	(3) EACH LOAN MAY BE IN A N AMOUNT THAT COVERS THE 8
1299		-	REASONABLE AND NECES SARY ELIGIBLE COSTS OF A PROJECT, AS DETERMINED BY 9
1300		-	THE DEPARTMENT , FOR WHICH FUNDS ARE SOUGHT BY THE APPLIC ANT AND THAT 10
1301		-	ARE NOT PROVIDED BY OTHER AVAILABLE SOUR CES. 11
	1816	+	(f) The Department may deny the permit modification on finding: 7
1302	1817
1303		-	(4) A DAM OWNER MAY USE MU LTIPLE PROGRAMS OR S OURCES TO 12
1304		-	FUND THE REPAIR OR R EMOVAL COSTS FOR A D AM IN AN UNSAFE COND ITION UP TO 13
1305		-	100% OF THE COSTS. 14
	1818	+	(1) An uncorrected violation of the type listed in § 15–810(b)(7) of this 8
	1819	+	subtitle; 9
1306	1820
1307		-	(5) ~~A DAM OWNER SEEKING A LOAN SHALL~~ SUBMIT ~~A COMPLETE LOAN 15~~
1308		-	~~APPLICATION TO~~ THE ~~DEPARTMENT ON A FORM PROVIDED BY~~ THE ~~DEPARTMENT . 16~~
	1821	+	(2) Failure to submit an adequate mining and reclamation plan in light of 10
	1822	+	conditions existing at the time of the modification; or 11
1309	1823
1310		-	(6) THE REPAYMENT PERIOD FOR A LOAN MAY NOT E XCEED 20 17
1311		-	YEARS. 18
	1824	+	(3) Failure or refusal to pay the modification fee. 12
1312	1825
1313		-	(7) THE ~~LOAN SHALL BE MAD E AT OR BELOW MARKET INTEREST 19~~
1314		-	~~RATES. 20~~
	1826	+	(g) If the Department denies an application to modify a permit, the Department 13
	1827	+	shall give the permittee written notice of: 14
1315	1828
1316		-	(8) THE DEPARTMENT MAY CHARGE A LOAN ORIGINATION F EE THAT 21
1317		-	MAY BE USED FOR THE REASONABLE COST OF A DMINISTERING THE LOAN PR OGRAM. 22
	1829	+	(1) The Department’s determination; 15
1318	1830
1319		-	(9) IF THE DEPARTMENT DETERMINES THAT A DAM OWNER DOE S 23
1320		-	NOT HAVE THE FINANCI AL RESOURCES TO REPA Y A LOAN GRANTED UND ER THIS 24
1321		-	SUBSECTION, THE DEPARTMENT MAY , AT THE DEPARTMENT ’S DISCRETION , 25
1322		-	AUTHORIZE PARTIAL FO RGIVENESS OF THE LO AN. 26
	1831	+	(2) Any changes in the application which would make it acceptable; and 16
1323	1832
1324		-	(10) FULL REPAYMENT OF THE LOAN SHALL BE REQUIR ED ON SALE OR 27
1325		-	TRANSFER OF THE PROP ERTY. 28
	1833	+	(3) The permittee’s right to a hearing at a stated time and place. 17
1326	1834
1327		-	(11) (I) THE DEPARTMENT MAY ESTABL ISH REMEDIES FOR LOA N 29
1328		-	RECIPIENTS WHO FAIL TO MEET REPAYMENT OB LIGATIONS UNDER THE LOAN 30
1329		-	TERMS. 31
1330		-	SENATE BILL 250 29
	1835	+	(h) The date for the hearing may not be less than 15 days nor more than 30 days 18
	1836	+	after the date of the notice unless the Department and the permittee mutually agree on 19
	1837	+	another date. 20
1331	1838
	1839	+	15–816. 21
1332	1840
1333		-	(II) IN ADDITION TO ANY OTHER ACTION AUTHORI ZED BY THIS 1
1334		-	SUBTITLE, THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER 2
1335		-	PRINCIPAL, INTEREST, LATE FEES AND PENALT IES, ATTORNEY’S FEES, AND COSTS 3
1336		-	FROM ANY LOAN RECIPI ENT THAT DEFAULTS ON THE LOAN RECIPIENT ’S 4
1337		-	OBLIGATIONS UNDER TH E LOAN AGREEMENT . 5
	1841	+	(a) (1) The procedure to be followed and standards to be applied in renewing a 22
	1842	+	permit shall be the same as those for the initial application for a permit[, except that it is 23
	1843	+	not necessary to resubmit information which has not changed since the time of the original 24
	1844	+	application, if the applicant so states in writing. However, the applicant may be required]. 25
1338	1845
1339		-	(III) 1. IN THE EVENT OF A DEF AULT ON A LOAN OBLIG ATION 6
1340		-	ISSUED UNDER THIS SU BSECTION, THE DEPARTMENT MAY PLACE A LIEN AGAINST 7
1341		-	THE PROPERTY THAT , SUBJECT TO THE TAX L IENS OF THE FEDERAL , STATE, AND 8
1342		-	LOCAL GOVERNMENTS , SHALL HAVE THE SAME PRIORITY AND STATUS AS A LIEN OF 9
1343		-	THE STATE FOR UNPAID TAXE S UNDER §§ 14–804 AND 14–805 OF THE 10
1344		-	TAX – PROPERTY ARTICLE. 11
	1846	+	(2) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 26
	1847	+	NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES N OT HAVE 27
	1848	+	TO RESUBMIT THAT INF ORMATION. 28
1345	1849
1346		-	2. THE DEPARTMENT MAY EXERCI SE THE SAME RIGHTS 12
1347		-	AND POWERS IN ENFORC ING THE LIEN AND COL LECTING FUNDS FOR TH E PAYMENT 13
1348		-	OF AMOUNTS IN DEFAUL T UNDER THE LOAN OBL IGATION AS THE STATE MAY 14
1349		-	EXERCISE IN COLLECTI NG UNPAID TAXES UNDE R TITLE 14, SUBTITLE 8 OF THE 15
1350		-	TAX – PROPERTY ARTICLE. 16
1351		-
1352		-	(12) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT 17
1353		-	THIS SUBSECTION . 18
1354		-
1355		-	(I) ON OR BEFORE NOVEMBER 1, 2026, AND EACH NOVEMBER 1 19
1356		-	THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , SUBJECT 20
1357		-	TO § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 21
1358		-
1359		-	(1) THE STATUS OF THE FUND; 22
1360		-
1361		-	(2) REVENUES, ENCUMBRANCES TO , AND EXPENDITURES FRO M THE 23
1362		-	FUND; 24
1363		-
1364		-	(3) A DESCRIPTION OF THE P ROJECTS FUNDED BY TH E FUND; AND 25
1365		-
1366		-	(4) THE NUMBER OF APPLICA TIONS FOR FINANCIAL ASSISTANCE 26
1367		-	FROM THE FUND THAT WERE DENIED . 27
1368		-
1369		-	5–514. 28
1370		-
1371		-	(a) (1) In addition to being subject to an injunctive action under this subtitle, 29
1372		-	a person who violates any provision of this subtitle [relating to water appropriation and 30
1373		-	use] or any [rule,] regulation, order, or permit adopted or issued under [any such provision] 31
1374		-	THIS SUBTITLE is liable for a civil penalty not exceeding [$5,000] $10,000 per violation 32
1375		-	to be collected in a civil action brought by the Department. 33
1376		-	30 SENATE BILL 250
1377		-
1378		-
1379		-	(2) Each day a violation occurs or continues is a separate violation under 1
1380		-	this subsection. 2
1381		-
1382		-	(3) (i) Before bringing a civil action against a local government under 3
1383		-	this subsection, the Department shall meet and consult with the local government to seek 4
1384		-	an alternative resolution to the contested issue. 5
1385		-
1386		-	(ii) Prior consultation by the Department with the local government 6
1387		-	shall constitute compliance with this subsection. 7
1388		-
1389		-	(b) A person who violates a provision of this subtitle or a regulation adopted under 8
1390		-	this subtitle is subject to the penalties provided in § 9–343 of this article. 9
1391		-
1392		-	(c) (1) [All] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 10
1393		-	SUBSECTION, ALL funds collected by the Department under this section, including any 11
1394		-	civil penalty or any fine imposed by a court under the provisions of this section, shall be 12
1395		-	paid into the Maryland Clean Water Fund. 13
1396		-
1397		-	(2) FUNDS COLLECTED BY TH E DEPARTMENT UNDER THIS SECTION 14
1398		-	RELATING TO AN UNSAFE CONDITION , AS DEFINED IN § 5–509 OF THIS SUBTITLE , 15
1399		-	SHALL BE PAID INTO T HE PRIVATE DAM REPAIR FUND. 16
1400		-
1401		-	6–843. 17
1402		-
1403		-	(a) (1) Except as provided in this subsection and subsection (b) of this section, 18
1404		-	and in cooperation with the Department of Housing and Community Development, the 19
1405		-	State Department of Assessments and Taxation, and other appropriate governmental 20
1406		-	units, the Department shall provide for the collection of [an annual] A fee for every rental 21
1407		-	dwelling unit in the State. 22
1408		-
1409		-	(2) [The annual fee for an affected property is $30] FOR AN AFFECTED 23
1410		-	PROPERTY, THE FEE: 24
1411		-
1412		-	(I) IS $120; AND 25
1413		-
1414		-	(II) SHALL BE COLLECTED BY THE DEPARTME NT ONCE EVERY 26
1415		-	2 YEARS. 27
1416		-
1417		-	(3) (i) 1. Subject to the provisions of subparagraphs (ii) and (iii) of 28
1418		-	this paragraph, on or before December 31, 2000, the [annual] fee for a rental dwelling unit 29
1419		-	built after 1949 that is not an affected property is $5. 30
1420		-
1421		-	2. After December 31, 2000, there is no [annual] fee for a 31
1422		-	rental dwelling unit built after 1949 that is not an affected property. 32
1423		-	SENATE BILL 250 31
1424		-
1425		-
1426		-	(ii) The owner of a rental dwelling unit built after 1949 that is not 1
1427		-	an affected property may not be required to pay the fee provided under this paragraph if 2
1428		-	the owner certifies to the Department that the rental dwelling unit is lead free pursuant to 3
1429		-	§ 6–804 of this subtitle. 4
1430		-
1431		-	(iii) An owner of a rental dwelling unit who submits a report to the 5
1432		-	Department that the rental dwelling unit is lead free pursuant to § 6–804 of this subtitle 6
1433		-	shall include a [$10] $50 processing fee with the report. 7
1434		-
1435		-	(b) The fees imposed under this section do not apply to any rental dwelling unit: 8
1436		-
1437		-	(1) Built after 1978; or 9
1438		-
1439		-	(2) Owned and operated by a unit of federal, State, or local government, or 10
1440		-	any public, quasi–public, or municipal corporation. 11
1441		-
1442		-	(c) (1) The fee imposed under this section shall be paid on or before December 12
1443		-	31, 1995, or the date of registration of the affected property under Part III of this subtitle 13
1444		-	and on or before December 31 [of each] EVERY OTHER year thereafter or according to a 14
1445		-	schedule established by the Department by regulation. 15
1446		-
1447		-	(2) THE DEPARTMENT MAY ESTABL ISH A PROTOCOL TO ST AGGER 16
1448		-	REGISTRATIONS OF AFF ECTED PROPERTY UNDER PART III OF THIS SUBTITLE TO 17
1449		-	EQUALLY DIVIDE REGIS TRATIONS OVER SEQUEN TIAL CALENDAR YEARS . 18
1450		-
1451		-	(d) An owner who fails to pay the fee imposed under this section is liable for a 19
1452		-	civil penalty of up to triple the amount of each registration fee unpaid that, together with 20
1453		-	all costs of collection, including reasonable attorney’s fees, shall be collected in a civil action 21
1454		-	in any court of competent jurisdiction. 22
1455		-
1456		-	7–503. 23
1457		-
1458		-	(a) There is a Voluntary Cleanup Program in the Department. 24
1459		-
1460		-	(b) The purpose of the Voluntary Cleanup Program is to: 25
1461		-
1462		-	(1) Encourage the investigation of eligible properties with known or 26
1463		-	perceived contamination; 27
1464		-
1465		-	(2) Protect public health and the environment where cleanup projects are 28
1466		-	being performed or need to be performed; 29
1467		-
1468		-	(3) Accelerate cleanup of eligible properties; and 30
1469		-
1470		-	(4) Provide predictability and finality to the cleanup of eligible properties. 31
1471		-	32 SENATE BILL 250
1472		-
1473		-
1474		-	7–506. 1
1475		-
1476		-	(a) (1) To participate in the Program, an applicant shall: 2
1477		-
1478		-	(i) Submit an application, on a form provided by the Department, 3
1479		-	that includes: 4
1480		-
1481		-	1. Information demonstrating to the satisfaction of the 5
1482		-	Department that the contamination did not result from the applicant knowingly or willfully 6
1483		-	violating any law or regulation concerning controlled hazardous substances; 7
1484		-
1485		-	2. Information demonstrating the person’s status as a 8
1486		-	responsible person or an inculpable person; 9
1487		-
1488		-	3. Information demonstrating that the property is an eligible 10
1489		-	property as defined in § 7–501 of this subtitle; 11
1490		-
1491		-	4. A detailed report with all available relevant information 12
1492		-	on environmental conditions including contamination at the eligible property known to the 13
1493		-	applicant at the time of the application; 14
1494		-
1495		-	5. An environmental site assessment that includes: 15
1496		-
1497		-	A. Established Phase I site assessment standards and follows 16
1498		-	principles established by the American Society for Testing and Materials and that 17
1499		-	demonstrates to the satisfaction of the Department that the assessment has been conducted 18
1500		-	in accordance with those standards and principles; and 19
1501		-
1502		-	B. A Phase II site assessment unless the Department 20
1503		-	concludes, after review of the Phase I site assessment, that there is sufficient information 21
1504		-	to determine that there are no recognized environmental conditions, as defined by the 22
1505		-	American Society for Testing and Materials; and 23
1506		-
1507		-	6. A description, in summary form, of a proposed voluntary 24
1508		-	cleanup project that includes the proposed cleanup criteria under § 7–508 of this subtitle 25
1509		-	and the proposed future use of the property, if appropriate; and 26
1510		-
1511		-	(ii) Subject to paragraph (2) of this subsection, pay to the 27
1512		-	Department: 28
1513		-
1514		-	1. An initial application fee of [$6,000] $10,000 which the 29
1515		-	Department may reduce on a demonstration of financial hardship in accordance with 30
1516		-	subsection (b) of this section; 31
1517		-
1518		-	2. An application fee of $2,000 for each application submitted 32
1519		-	subsequent to the initial application for the same property; [and] 33
1520		-	SENATE BILL 250 33
1521		-
1522		-
1523		-	3. An application fee of $2,000 for each application submitted 1
1524		-	subsequent to the initial application for contiguous or adjacent properties that are part of 2
1525		-	the same planned unit development or a similar development plan; AND 3
1526		-
1527		-	4. IF THE DIRECT COSTS O F REVIEW OF THE 4
1528		-	APPLICATION AND ADMI NISTRATION AND OVERS IGHT OF THE RESPONSE ACTION 5
1529		-	PLAN EXCEED THE APPL ICATION FEE, THE ADDITIONAL COSTS INCURRED BY THE 6
1530		-	DEPARTMENT . 7
1531		-
1532		-	(2) If an applicant certifies that the applicant intends to use the eligible 8
1533		-	property to generate clean or renewable energy, the Department shall waive the fees 9
1534		-	required under paragraph (1)(ii) of this subsection. 10
1535		-
1536		-	(b) The Department shall adopt regulations to establish criteria for determining 11
1537		-	whether an applicant has: 12
1538		-
1539		-	(1) Demonstrated financial hardship; or 13
1540		-
1541		-	(2) Certified that the applicant intends to use the eligible property to 14
1542		-	generate clean or renewable energy. 15
1543		-
1544		-	9–283. 16
1545		-
1546		-	(a) Except as provided in subsection (c) of this section, by regulation, the 17
1547		-	Department shall establish and collect a fee to be paid by a generator of coal combustion 18
1548		-	by–products, based on a per ton rate of coal combustion by–products generated by the 19
1549		-	generator annually. 20
1550		-
1551		-	(b) The Department shall base the fees on the following factors: 21
1552		-
1553		-	(1) The total annual tonnage of coal combustion by–products that the 22
1554		-	generator generates; 23
1555		-
1556		-	(2) The type and volume of coal combustion by–products generated by the 24
1557		-	generator; 25
1558		-
1559		-	(3) Whether the generator uses or disposes of the coal combustion 26
1560		-	by–products; 27
1561		-
1562		-	(4) To the extent that the coal combustion by–products are used rather 28
1563		-	than disposed of, the types of the uses; 29
1564		-
1565		-	(5) Whether the coal combustion by–products are transported for use or 30
1566		-	disposal out–of–state; [and] 31
1567		-	34 SENATE BILL 250
1568		-
1569		-
1570		-	(6) THE VOLUME OF COAL CO MBUSTION BY–PRODUCTS THAT HAVE 1
1571		-	BEEN DISPOSED OF AND REMAIN IN LANDFILLS OR OTHER STORAGE UNI TS IN THE 2
1572		-	STATE THAT ARE SUBJEC T TO INSPECTION AND MONITORING , NOT INCLUDING COAL 3
1573		-	COMBUSTION BY –PRODUCTS THAT HAVE B EEN: 4
1574		-
1575		-	(I) ADDED TO CEMENT PRODU CTS; 5
1576		-
1577		-	(II) USED IN COAL MINE RECLAMA TION; OR 6
1578		-
1579		-	(III) BENEFICIALLY REUSED I N A MANNER ACCEPTABL E TO THE 7
1580		-	DEPARTMENT ; AND 8
1581		-
1582		-	(7) Other factors the Department considers appropriate. 9
1583		-
1584		-	(c) The Department may not establish or impose a fee on coal combustion 10
1585		-	by–products that are: 11
1586		-
1587		-	(1) Beneficially used, as the Department determines; or 12
1588		-
1589		-	(2) Used for coal mine reclamation in accordance with regulations the 13
1590		-	Department adopts or with regulations of the receiving state. 14
1591		-
1592		-	(d) Fees imposed on coal combustion by–products that are transported for use or 15
1593		-	disposal out–of–state may not exceed 50% of the fees established for disposal in–State. 16
1594		-
1595		-	(e) The fees collected by the Department under this section shall be deposited into 17
1596		-	the Fund and used in accordance with § 9–284 of this subtitle. 18
1597		-
1598		-	(f) The fees imposed shall be set at the rate necessary to implement the purposes 19
1599		-	set forth in § 9–284 of this subtitle. 20
1600		-
1601		-	(g) In any fiscal year, if the fee schedule established by the Department generates 21
1602		-	revenue that exceeds the amount necessary to operate a regulatory program to control the 22
1603		-	management of coal combustion by–products, the Department shall reduce the fees in the 23
1604		-	following fiscal year. 24
1605		-
1606		-	9–320. 25
1607		-
1608		-	(b) The following payments shall be made into the Maryland Clean Water Fund: 26
1609		-
1610		-	(1) All application fees, permit fees, renewal fees, and funds collected by 27
1611		-	the Department under this subtitle, including any civil or administrative penalty or any 28
1612		-	fine imposed by a court under the provisions of this subtitle; 29
1613		-
1614		-	(2) Any civil penalty or any fine imposed by a court under the provisions of 30
1615		-	Title 5, Subtitle 5 of this article relating to water appropriation and use; 31 SENATE BILL 250 35
	1850	+	(3) THE DEPARTMENT MAY REQUIR E AN APPLICANT to furnish other 29
	1851	+	information the Department deems necessary to evaluate the renewal request. 30 40 SENATE BILL 250
1616	1852
1617	1853
1618	1854
1619		-	(3) Any civil or administrative penalty or any fine imposed by a court under 1
1620		-	the provisions of Title 4, Subtitle 1 of this article; 2
	1855	+	(4) In the absence of any changes in legal requirements for the issuance of 1
	1856	+	a permit since the date on which the original permit was issued, the only basis for the denial 2
	1857	+	of a renewal permit shall be: 3
1621	1858
1622		-	(4) Any fees or funds that the Department collects under Subtitle 2, Part 3
1623		-	III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 4
1624		-	or fine imposed by a court under the provisions of Subtitle 2 of this title; [and] 5
	1859	+	[(1)] (I) An uncorrected violation of the type listed in § 15–810(b)(7) of 4
	1860	+	this subtitle; 5
1625	1861
1626		-	(5) Any fees or funds that the Department collects under Subtitle 24 of this 6
1627		-	title and any civil or administrative penalty or fine imposed by a court under the provisions 7
1628		-	of Subtitle 24 of this title; AND 8
	1862	+	[(2)] (II) Failure to submit an adequate mining and reclamation plan in 6
	1863	+	light of conditions existing at the time of renewal; or 7
1629	1864
1630		-	(6) ANY OTHER FEES LEGALL Y AUTHORIZED TO BE P AID INTO THE 9
1631		-	MARYLAND CLEAN WATER FUND. 10
	1865	+	[(3)] (III) Failure or refusal to pay the renewal fee. 8
1632	1866
1633		-	9–1606. 11
	1867	+	(b) Application for a renewal of a permit cannot be made any earlier than 1 year 9
	1868	+	prior to the expiration date of the original permit. 10
1634	1869
1635		-	(a) (1) A loan made by the Administration shall be evidenced by a loan 12
1636		-	agreement. 13
	1870	+	(c) Except as otherwise provided in subsection (d) of this section, the fee to be 11
	1871	+	charged for a permit renewal shall be [$12 for each acre of affected land for each year of 12
	1872	+	operation, but not exceeding $1,000 per year]: 13
1637	1873
1638		-	(2) Loans made from the Water Quality Fund, except for loans made in 14
1639		-	accordance with § 9–1605(d)(9) of this subtitle, shall be subject to the provisions of § 15
1640		-	9–1605(d)(1) of this subtitle. 16
	1874	+	(1) FOR AN OPERATOR WITH 5 ACRES OR LESS OF AFF ECTED LAND, 14
	1875	+	$120 FOR EACH YEAR OF OPE RATION; OR 15
1641	1876
1642		-	(3) Loans made from the Drinking Water Loan Fund, except for loans made 17
1643		-	in accordance with § 9–1605.1(d)(10) of this subtitle, shall be subject to the provisions of § 18
1644		-	9–1605.1(d)(1) of this subtitle. 19
1645		-
1646		-	(4) LOANS MADE FROM THE PRIVATE DAM REPAIR FUND SHALL BE 20
1647		-	SUBJECT TO THE PROVI SIONS OF § 5–509.2 OF THIS ARTICLE. 21
1648		-
1649		-	(5) Subject to the provisions of any applicable bond resolution, the 22
1650		-	Administration may consent to the modification, with respect to rate of interest, time of 23
1651		-	payment of any installment of principal or interest, security, or any other term of any loan 24
1652		-	agreement or loan obligation. 25
1653		-
1654		-	(6) In connection with any security received by or owned by the 26
1655		-	Administration, including any loan obligations, the Administration may commence any 27
1656		-	action to protect or enforce the rights conferred upon it by any law or loan agreement or 28
1657		-	loan obligation. 29
1658		-
1659		-	(b) Notwithstanding any other provision of public general or public local law, 30
1660		-	charter, or ordinance, a borrower may issue and sell loan obligations to the Administration: 31
1661		-
1662		-	(1) At private sale, without public bidding; 32
1663		-	36 SENATE BILL 250
1664		-
1665		-
1666		-	(2) Without regard to any limitations on the denomination of such 1
1667		-	obligations; and 2
1668		-
1669		-	(3) At any interest rate or cost or at any price that the borrower considers 3
1670		-	necessary or desirable. 4
1671		-
1672		-	(c) A borrower may pay any fees or charges necessary to enable the 5
1673		-	Administration to sell its bonds, including any fees for the insurance of its loan obligations 6
1674		-	or bonds of the Administration, or to provide any other guarantee, credit enhancement, or 7
1675		-	additional security for any such loan obligations or bonds. 8
1676		-
1677		-	(d) (1) Notwithstanding any other provision of public general or public local 9
1678		-	law, charter, or ordinance, a borrower may agree with the Administration to pledge any 10
1679		-	[moneys] MONEY that the borrower is entitled to receive from the State, including the 11
1680		-	borrower’s share of the State income tax, to secure its obligations under a loan agreement. 12
1681		-
1682		-	(2) The State Comptroller and the State Treasurer shall cause any 13
1683		-	[moneys] MONEY withheld under such a pledge to be paid to, or applied at the direction of, 14
1684		-	the Administration. 15
1685		-
1686		-	(e) Each loan agreement shall contain a provision whereby the borrower 16
1687		-	acknowledges and agrees that [the]: 17
1688		-
1689		-	(1) THE borrower’s loan obligation is cancelable only upon repayment in 18
1690		-	full; and [that neither] 19
1691		-
1692		-	(2) NEITHER the Administration, the Secretary, nor the Board is 20
1693		-	authorized to forgive the repayment of all or any portion of the loan, except for [loans]: 21
1694		-
1695		-	(I) LOANS to disadvantaged communities, pursuant to the federal 22
1696		-	Safe Drinking Water Act[, and loans]; 23
1697		-
1698		-	(II) LOANS made in accordance with §§ 9 –1605(d)(9) and 24
1699		-	9–1605.1(d)(10) of this subtitle; AND 25
1700		-
1701		-	(III) LOANS MADE IN ACCORDA NCE WITH § 5–509.2(H) OF THIS 26
1702		-	ARTICLE. 27
1703		-
1704		-	(f) (1) In the event of a default on a loan obligation by a borrower other than 28
1705		-	a local government, the Administration may place a lien against property of the borrower 29
1706		-	securing the loan which, subject to the tax liens of the federal, State, and local governments, 30
1707		-	shall have the same priority and status as a lien of the State for unpaid taxes under §§ 31
1708		-	14–804 and 14–805 of the Tax – Property Article. 32
1709		-
1710		-	(2) The Administration may exercise the same rights and powers in 33
1711		-	enforcing such lien and collecting funds for the payment of amounts in default under the 34 SENATE BILL 250 37
1712		-
1713		-
1714		-	loan obligation as the State may exercise in collecting unpaid taxes under Title 14, Subtitle 1
1715		-	8 of the Tax – Property Article. 2
1716		-
1717		-	15–807. 3
1718		-
1719		-	(a) Except as otherwise provided in this subtitle, a person may not engage in 4
1720		-	surface mining within the State without first obtaining a surface mining license. 5
1721		-
1722		-	(b) (1) An application for a license shall be in writing and on a form prepared 6
1723		-	and furnished by the Department. 7
1724		-
1725		-	(2) If the application is made by a corporation, partnership, or association 8
1726		-	[it] THE APPLICATION shall contain information concerning its officers, directors, and 9
1727		-	principal owners, as the Department reasonably requires. 10
1728		-
1729		-	(c) (1) The application shall be accompanied by a [$300] $500 fee. 11
1730		-
1731		-	(2) (I) The license shall be renewable annually[, and the]. 12
1732		-
1733		-	(II) THE renewal fee is [$150] $300. 13
1734		-
1735		-	(III) The application for renewal shall be made annually by January 14
1736		-	1. 15
1737		-
1738		-	(d) The Department may not issue any new surface mining license or renew any 16
1739		-	existing surface mining license to any person if it finds, after investigation, that the 17
1740		-	applicant has failed and continues to fail to comply with any of the provisions of this 18
1741		-	subtitle. 19
1742		-
1743		-	(e) A license under this section is not required for the following activities: 20
1744		-
1745		-	(1) Those aspects of deep mining that do not have a significant effect on the 21
1746		-	surface, if the affected land does not exceed 3 acres in area; 22
1747		-
1748		-	(2) Operations engaged in processing minerals; 23
1749		-
1750		-	(3) Excavation or grading conducted solely in aid of on–site farming or 24
1751		-	on–site construction for purposes other than surface mining; 25
1752		-
1753		-	(4) Removal of overburden and mining of limited amounts of any mineral 26
1754		-	when done only for the purpose of prospecting and to the extent necessary to determine the 27
1755		-	location, quantity, or quality of any natural deposit, if no minerals are sold, processed for 28
1756		-	sale, or consumed in the regular operation of business; 29
1757		-	38 SENATE BILL 250
1758		-
1759		-
1760		-	(5) The handling, processing, or storage of slag and stone on the premises 1
1761		-	of a manufacturer as a part of any manufacturing process that requires stone as a raw 2
1762		-	material or produces slag as a by–product; 3
1763		-
1764		-	(6) The extraction of minerals by a landowner for the landowner’s own 4
1765		-	noncommercial use from land owned or leased by the landowner; 5
1766		-
1767		-	(7) Mining operations if the affected land does not exceed 1 acre in area; 6
1768		-
1769		-	(8) Dredging from submerged public or private lands in the State if this 7
1770		-	activity is conducted under a license from the State Board of Public Works or by permit 8
1771		-	from the Department, as provided for in Title 16 of this article; or 9
1772		-
1773		-	(9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits 10
1774		-	for highway construction purposes or other public facilities, if the work is performed under 11
1775		-	a bond, a contract, and the specifications of the Department that require reclamation of the 12
1776		-	area affected in the manner provided by this subtitle. 13
1777		-
1778		-	(f) (1) Any person who violates the provisions of this section is guilty of a 14
1779		-	misdemeanor and, on conviction, is subject to a fine of not more than $10,000. 15
1780		-
1781		-	(2) The fine shall be paid to the Surface Mined Land Reclamation Fund. 16
1782		-
1783		-	15–815. 17
1784		-
1785		-	(a) (1) Any permittee engaged in surface mining under a surface mining 18
1786		-	permit may apply at any time for modification of the permit. 19
1787		-
1788		-	(2) The application shall be in writing on forms furnished by the 20
1789		-	Department and fully state the information called for. [In addition, the] 21
1790		-
1791		-	(3) THE applicant may be required to furnish [other] ADDITIONAL 22
1792		-	information THAT the Department reasonably deems necessary to enforce this subtitle. 23
1793		-	[However, it is not necessary to resubmit information which has not changed since the 24
1794		-	original application, if the applicant so states in writing] 25
1795		-
1796		-	(4) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 26
1797		-	NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES N OT HAVE 27
1798		-	TO RESUBMIT THAT INFORMATION . 28
1799		-
1800		-	(b) (1) A modification under this section may affect [the]: 29
1801		-
1802		-	(I) THE land area covered by the permit[, the]; 30
1803		-
1804		-	(II) THE approved mining and reclamation plan coupled with the 31
1805		-	permit[, or other]; OR 32 SENATE BILL 250 39
1806		-
1807		-
1808		-
1809		-	(III) OTHER terms and conditions of the permit. 1
1810		-
1811		-	(2) (I) A permit may be modified to include land contiguous to the 2
1812		-	existing affected land, but not other lands. 3
1813		-
1814		-	(II) The mining and reclamation plan may be modified in any 4
1815		-	manner, if the Department determines that the modified plan fully meets the standards 5
1816		-	set forth in § 15–822 of this subtitle and that the modifications would be generally 6
1817		-	consistent with the bases for the issuance of the original permit. 7
1818		-
1819		-	(III) Other terms and conditions may be modified on ly if the 8
1820		-	Department determines that the permit as modified would meet the requirements of §§ 9
1821		-	15–808 and 15–810 of this subtitle. [No] 10
1822		-
1823		-	(IV) A modification may NOT extend the expiration date of any 11
1824		-	permit issued under this subtitle. 12
1825		-
1826		-	(c) Except as otherwise provided in subsection (d) of this section, a [$100] $200 13
1827		-	fee shall be charged for a permit modification. 14
1828		-
1829		-	(d) (1) In addition to the fee required in subsection (c) of this section, a fee shall 15
1830		-	be charged equal to [$12] $75 for each additional acre of affected land over and above the 16
1831		-	amount of land covered in the original permit, for each year of operation. 17
1832		-
1833		-	(2) The additional fee may not exceed [$1,000 per year]: 18
	1877	+	(2) FOR AN OPERATOR WITH MORE THAN 5 ACRES OF AFFECTED 16
	1878	+	LAND, $75 FOR EACH ACRE OF AFF ECTED LAND FOR EACH YEAR OF OPERATION BU T 17
	1879	+	NOT EXCEEDING : 18
1834	1880
1835	1881		(I) $10,000 IN FISCAL YEAR 2026; 19
1836	1882
1837	1883		(II) $10,500 IN FISCAL YEAR 2027; 20
1838	1884
1839	1885		(III) $11,000 IN FISCAL YEAR 2028; 21
1840	1886
1841	1887		(IV) $11,500 IN FISCAL YEAR 2029; AND 22
1842	1888
1843	1889		(V) $12,000 IN FISCAL YEAR 2030 AND EACH FISCAL YEAR 23
1844	1890		THEREAFTER . 24
1845	1891
1846		-	(e) The Department shall approve and grant the permit modification requested 25
1847		-	as expeditiously as possible but not later than 30 days after the application forms or any 26
1848		-	supplemental information required are filed with the Department. 27
	1892	+	(d) The fee shall be paid annually during the term of the permit. 25
1849	1893
1850		-	(f) The Department may deny the permit modification on finding: 28
	1894	+	(e) (1) If the term of a permit which is renewed exceeds 5 years, the permittee 26
	1895	+	shall pay additional fees, based on the formula in subsection (c) of this section, for each 27
	1896	+	5–year portion of the term of the renewed permit. 28
	1897	+	SENATE BILL 250 41
1851	1898
1852		-	(1) An uncorrected violation of the type listed in § 15–810(b)(7) of this 29
1853		-	subtitle; 30 40 SENATE BILL 250
	1899	+
	1900	+	(2) These additional fees shall be paid to the Department within 1 year 1
	1901	+	before the completion of any 5–year portion of the term of the permit. 2
	1902	+
	1903	+	(f) If the Department denies an application to renew a permit, the Department 3
	1904	+	shall give the permittee written notice of: 4
	1905	+
	1906	+	(1) The Department’s determination; 5
	1907	+
	1908	+	(2) Any changes in the application that would make it acceptable; and 6
	1909	+
	1910	+	(3) The permittee’s right to a hearing at a stated time and place. 7
	1911	+
	1912	+	(g) The date for the hearing may not be less than 15 days nor more than 30 days 8
	1913	+	after the date of the notice unless the Department and the permittee mutually agree on 9
	1914	+	another date. 10
	1915	+
	1916	+	Article – State Finance and Procurement 11
	1917	+
	1918	+	6–226. 12
	1919	+
	1920	+	(a) (1) Except as otherwise specifically provided by law or by regulation of the 13
	1921	+	Treasurer, the Treasurer shall credit to the General Fund any interest on or other income 14
	1922	+	from State money that the Treasurer invests. 15
	1923	+
	1924	+	(2) (i) 1. This subparagraph does not apply in fiscal years 2024 16
	1925	+	through 2028. 17
	1926	+
	1927	+	2. Notwithstanding any other provision of law, and unless 18
	1928	+	inconsistent with a federal law, grant agreement, or other federal requirement or with the 19
	1929	+	terms of a gift or settlement agreement, net interest on all State money allocated by the 20
	1930	+	State Treasurer under this section to special funds or accounts, and otherwise entitled to 21
	1931	+	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 22
	1932	+	Fund of the State. 23
	1933	+
	1934	+	(ii) The provisions of subparagraph (i) of this paragraph do not apply 24
	1935	+	to the following funds: 25
	1936	+
	1937	+	204. the Victims of Domestic Violence Program Grant Fund; 26
	1938	+	[and] 27
	1939	+
	1940	+	205. the Proposed Programs Collaborative Grant Fund; AND 28
	1941	+
	1942	+	206. THE PRIVATE DAM REPAIR FUND. 29
	1943	+
	1944	+	SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 4 –411(e) through 30
	1945	+	(g) of Article – Environment of the Annotated Code of Maryland be renumbered to be 31
	1946	+	Section(s) 4–411(d) through (f), respectively. 32 42 SENATE BILL 250
1854	1947
1855	1948
1856	1949
1857		-	(2) Failure to submit an adequate mining and reclamation plan in light of 1
1858		-	conditions existing at the time of the modification; or 2
	1950	+	SECTION 4. AND BE IT FURTHER ENACTED, That this Act may not be construed 1
	1951	+	to expand the definition or scope of what is considered a dam under State law and 2
	1952	+	regulation. 3
1859	1953
1860		-	(3) Failure or refusal to pay the modification fee. 3
	1954	+	SECTION 5. AND BE IT FURTHER ENACTED, That Sections 2, 3, and 4 of this 4
	1955	+	Act shall take effect July 1, 2025. 5
1861	1956
1862		-	~~(g) If the Department denies an application to modify a permit~~, ~~the Department 4~~
1863		-	shall ~~give the permittee written notice of:~~ 5
	1957	+	SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section 6
	1958	+	5 of this Act, this Act shall take effect June 1, 2025. 7
1864	1959
1865		-	(1) The Department’s determination; 6
1866		-
1867		-	(2) Any changes in the application which would make it acceptable; and 7
1868		-
1869		-	(3) The permittee’s right to a hearing at a stated time and place. 8
1870		-
1871		-	(h) The date for the hearing may not be less than 15 days nor more than 30 days 9
1872		-	after the date of the notice unless the Department and the permittee mutually agree on 10
1873		-	another date. 11
1874		-
1875		-	15–816. 12
1876		-
1877		-	(a) (1) The procedure to be followed and standards to be applied in renewing a 13
1878		-	permit shall be the same as those for the initial application for a permit[, except that it is 14
1879		-	not necessary to resubmit information which has not changed since the time of the original 15
1880		-	application, if the applicant so states in writing. However, the applicant may be required]. 16
1881		-
1882		-	(2) IF AN APPLICANT STATE S IN WRITING THAT IN FORMATION HAS 17
1883		-	NOT CHANGED SINCE TH E ORIGINAL APPLICATI ON, THE APPLICANT DOES N OT HAVE 18
1884		-	TO RESUBMIT THAT INF ORMATION. 19
1885		-
1886		-	(3) THE DEPARTMENT MAY REQUIR E AN APPLICANT to furnish other 20
1887		-	information the Department deems necessary to evaluate the renewal request. 21
1888		-
1889		-	(4) In the absence of any changes in legal requirements for the issuance of 22
1890		-	a permit since the date on which the original permit was issued, the only basis for the denial 23
1891		-	of a renewal permit shall be: 24
1892		-
1893		-	[(1)] (I) An uncorrected violation of the type listed in § 15–810(b)(7) of 25
1894		-	this subtitle; 26
1895		-
1896		-	[(2)] (II) Failure to submit an adequate mining and reclamation plan in 27
1897		-	light of conditions existing at the time of renewal; or 28
1898		-
1899		-	[(3)] (III) Failure or refusal to pay the renewal fee. 29
1900		-	SENATE BILL 250 41
1901		-
1902		-
1903		-	(b) Application for a renewal of a permit cannot be made any earlier than 1 year 1
1904		-	prior to the expiration date of the original permit. 2
1905		-
1906		-	(c) Except as otherwise provided in subsection (d) of this section, the fee to be 3
1907		-	charged for a permit renewal shall be [$12 for each acre of affected land for each year of 4
1908		-	operation, but not exceeding $1,000 per year]: 5
1909		-
1910		-	(1) FOR AN OPERATOR WITH 5 ACRES OR LESS OF AFF ECTED LAND, 6
1911		-	$120 FOR EACH YEAR OF OPERATION; OR 7
1912		-
1913		-	(2) FOR AN OPERATOR WITH MORE THAN 5 ACRES OF AFFECTED 8
1914		-	LAND, $75 FOR EACH ACRE OF AFF ECTED LAND FOR EACH YEAR OF OPERATION BU T 9
1915		-	NOT EXCEEDING : 10
1916		-
1917		-	(I) $10,000 IN FISCAL YEAR 2026; 11
1918		-
1919		-	(II) $10,500 IN FISCAL YEAR 2027; 12
1920		-
1921		-	(III) $11,000 IN FISCAL YEAR 2028; 13
1922		-
1923		-	(IV) $11,500 IN FISCAL YEAR 2029; AND 14
1924		-
1925		-	(V) $12,000 IN FISCAL YEAR 2030 AND EACH FISCAL YEAR 15
1926		-	THEREAFTER . 16
1927		-
1928		-	(d) The fee shall be paid annually during the term of the permit. 17
1929		-
1930		-	(e) (1) If the term of a permit which is renewed exceeds 5 years, the permittee 18
1931		-	shall pay additional fees, based on the formula in subsection (c) of this section, for each 19
1932		-	5–year portion of the term of the renewed permit. 20
1933		-
1934		-	(2) These additional fees shall be paid to the Department within 1 year 21
1935		-	before the completion of any 5–year portion of the term of the permit. 22
1936		-
1937		-	(f) If the Department denies an application to renew a permit, the Department 23
1938		-	shall give the permittee written notice of: 24
1939		-
1940		-	(1) The Department’s determination; 25
1941		-
1942		-	(2) Any changes in the application that would make it acceptable; and 26
1943		-
1944		-	(3) The permittee’s right to a hearing at a stated time and place. 27
1945		-
1946		-	(g) The date for the hearing may not be less than 15 days nor more than 30 days 28
1947		-	after the date of the notice unless the Department and the permittee mutually agree on 29
1948		-	another date. 30 42 SENATE BILL 250
1949		-
1950		-
1951		-
1952		-	Article – State Finance and Procurement 1
1953		-
1954		-	6–226. 2
1955		-
1956		-	(a) (1) Except as otherwise specifically provided by law or by regulation of the 3
1957		-	Treasurer, the Treasurer shall credit to the General Fund any interest on or other income 4
1958		-	from State money that the Treasurer invests. 5
1959		-
1960		-	(2) (i) 1. This subparagraph does not apply in fiscal years 2024 6
1961		-	through 2028. 7
1962		-
1963		-	2. Notwithstanding any other provision of law, and unless 8
1964		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the 9
1965		-	terms of a gift or settlement agreement, net interest on all State money allocated by the 10
1966		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to 11
1967		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 12
1968		-	Fund of the State. 13
1969		-
1970		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply 14
1971		-	to the following funds: 15
1972		-
1973		-	204. the Victims of Domestic Violence Program Grant Fund; 16
1974		-	[and] 17
1975		-
1976		-	205. the Proposed Programs Collaborative Grant Fund; AND 18
1977		-
1978		-	206. THE PRIVATE DAM REPAIR FUND. 19
1979		-
1980		-	SECTION 3. AND BE IT FURTHER ENACTED, That Section(s) 4 –411(e) through 20
1981		-	(g) of Article – Environment of the Annotated Code of Maryland be renumbered to be 21
1982		-	Section(s) 4–411(d) through (f), respectively. 22
1983		-
1984		-	SECTION 4. 3. AND BE IT FURTHER ENACTED, That this Act may not be 23
1985		-	construed to expand the definition or scope of what is considered a dam under State law 24
1986		-	and regulation. 25
1987		-
1988		-	SECTION 5. 4. AND BE IT FURTHER ENACTED, That Sections 2, 3, and 4 of this 26
1989		-	Act shall take effect July 1, 2025. 27
1990		-
1991		-	SECTION 5. AND BE IT FURTHER ENACTED, That the Department of the 28
1992		-	Environment shall notify the owner of a dam included in the Maryland Dam Inventory of 29
1993		-	the registration fee required under § 5–509.1 of the Environment Article, as enacted by 30
1994		-	Section 2 of this Act, as follows: 31
1995		-
1996		-	(1) on or before October 1, 2025; and 32
1997		-	SENATE BILL 250 43
1998		-
1999		-
2000		-	(2) on or before October 1, 2026. 1
2001		-
2002		-	SECTION 6. AND BE IT FURTHER ENACTED, That, except as provided in Section 2
2003		-	5 4 of this Act, this Act shall take effect June 1, 2025. 3
2004		-
2005		-
2006		-
2007		-	Approved:
2008		-	________________________________________________________________________________
2009		-	Governor.
2010		-	________________________________________________________________________________
2011		-	President of the Senate.
2012		-	________________________________________________________________________________
2013		-	Speaker of the House of Delegates.