Maryland 2025 Regular Session

Maryland Senate Bill SB265 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		sb0265
9	6
10	7		SENATE BILL 265
11	8		M3 5lr0293
12	9		(PRE–FILED) CF HB 25
13	10		By: Chair, Education, Energy, and the Environment Committee (By Request –
14	11		Departmental – Environment)
15	12		Requested: October 6, 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
20		-	Read second time: February 11, 2025
21	15
22		-	~~CHAPTER ______~~
	16	+	A BILL ENTITLED
23	17
24	18		AN ACT concerning 1
25	19
26	20		Environment – Reservoir Augmentation Permit – Establishment 2
27	21
28	22		FOR the purpose of establishing the Reservoir Augmentation Program in the Department 3
29	23		of the Environment; requiring a person to obtain a permit from the Department to 4
30	24		perform reservoir augmentation; providing for the issuance, modification, renewal, 5
31	25		denial, or revocation of a reservoir augmentation permit under the Program; 6
32	26		requiring certain revenues to be used for the operation and oversight of the Program; 7
33	27		and generally relating to the establishment of the Reservoir Augmentation Program. 8
34	28
35	29		BY repealing and reenacting, with amendments, 9
36	30		Article – Environment 10
37	31		Section 1–601(a) 11
38	32		Annotated Code of Maryland 12
39	33		(2013 Replacement Volume and 2024 Supplement) 13
40	34
41	35		BY repealing and reenacting, with amendments, 14
42	36		Article – Environment 15
43		-	Section 9–301~~, 9–303.2(o),~~ and 9–320(b) 16
	37	+	Section 9–301 and 9–320(b) 16
44	38		Annotated Code of Maryland 17
45	39		(2014 Replacement Volume and 2024 Supplement) 18
46	40
47		-	BY repealing and reenacting, without amendments, 19
48		-	Article – Environment 20 2 SENATE BILL 265
	41	+	BY adding to 19
	42	+	Article – Environment 20
	43	+	Section 9–303.4 21
	44	+	Annotated Code of Maryland 22
	45	+	(2014 Replacement Volume and 2024 Supplement) 23
	46	+
	47	+	BY repealing and reenacting, without amendments, 24
	48	+	Article – Environment 25 2 SENATE BILL 265
49	49
50	50
51		-	Section ~~9–303.2(b) and~~ 9–320(a) 1
	51	+	Section 9–320(a) 1
52	52		Annotated Code of Maryland 2
53	53		(2014 Replacement Volume and 2024 Supplement) 3
54	54
55		-	BY adding to 4
56		-	Article – Environment 5
57		-	Section 9–303.4 6
58		-	Annotated Code of Maryland 7
59		-	(2014 Replacement Volume and 2024 Supplement) 8
	55	+	BY repealing and reenacting, with amendments, 4
	56	+	Chapter 122 of the Acts of the General Assembly of 2023 5
	57	+	Section 3 6
60	58
61		-	BY repealing and reenacting, without amendments, 9
62		-	Article – Environment 10
63		-	Section 9–320(a) 11
64		-	Annotated Code of Maryland 12
65		-	(2014 Replacement Volume and 2024 Supplement) 13
	59	+	BY repealing and reenacting, with amendments, 7
	60	+	Chapter 123 of the Acts of the General Assembly of 2023 8
	61	+	Section 3 9
66	62
67		-	BY repealing and reenacting, with amendments, 14
68		-	Chapter 122 of the Acts of the General Assembly of 2023 15
69		-	Section 3 16
	63	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
	64	+	That the Laws of Maryland read as follows: 11
70	65
71		-	BY repealing and reenacting, with amendments, 17
72		-	Chapter 123 of the Acts of the General Assembly of 2023 18
73		-	Section 3 19
	66	+	Article – Environment 12
74	67
75		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
76		-	That the Laws of Maryland read as follows: 21
	68	+	1–601. 13
77	69
78		-	Article – Environment 22
	70	+	(a) Permits issued by the Department under the following sections shall be issued 14
	71	+	in accordance with this subtitle: 15
79	72
80		-	1–~~601. 23~~
	73	+	(1) Air quality control permits to construct subject to § 2–404 of this article; 16
81	74
82		-	(a) Permits ~~issued by the Department under the following sections shall be issued 24~~
83		-	~~in accordance with~~ this ~~subtitle: 25~~
	75	+	(2) Permits to install, materially alter, or materially extend landfill 17
	76	+	systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 18
84	77
85		-	(1) Air quality control permits to construct subject to § 2–404 of this article; 26
	78	+	(3) Permits to discharge pollutants to waters of the State issued pursuant 19
	79	+	to § 9–323 of this article; 20
86	80
87		-	(2) Permits to install, materially alter, or materially extend landfill 27
88		-	systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 28
	81	+	(4) Permits to install, materially alter, or materially extend a structure 21
	82	+	used for storage or distribution of any type of sewage sludge issued, renewed, or amended 22
	83	+	pursuant to § 9–234.1 or § 9–238 of this article; 23
89	84
90		-	(3) Permits to ~~discharge pollutants to waters of the State issued pursuant 29~~
91		-	to § 9–~~323~~ of this article; 30
	85	+	(5) Permits to own, operate, establish, or maintain a controlled hazardous 24
	86	+	substance facility issued pursuant to § 7–232 of this article; 25
92	87
93		-	(4) Permits to install, materially alter, or materially extend a structure 31
94		-	used for storage or distribution of any type of sewage sludge issued, renewed, or amended 32
95		-	pursuant to § 9–234.1 or § 9–238 of this article; 33
	88	+	(6) Permits to own, operate, or maintain a hazardous material facility 26
	89	+	issued pursuant to § 7–103 of this article; 27
	90	+
	91	+	(7) Permits to own, operate, establish, or maintain a low–level nuclear 28
	92	+	waste facility issued pursuant to § 7–233 of this article; [and] 29
	93	+
	94	+	(8) Potable reuse permits issued in accordance with § 9–303.2 of this 30
	95	+	article; AND 31
96	96		SENATE BILL 265 3
97	97
98	98
99		-	(5) Permits ~~to own,~~ ~~operate, establish,~~ ~~or maintain a controlled hazardous~~ 1
100		-	~~substance facility issued pursuant to~~ § 7–~~232~~ of this article; 2
	99	+	(9) PERMITS FOR RESERVOIR AUGMENTATION ISSUED IN 1
	100	+	ACCORDANCE WITH § 9–303.4 OF THIS ARTICLE . 2
101	101
102		-	(6) Permits to own, operate, or maintain a hazardous material facility 3
103		-	issued pursuant to § 7–103 of this article; 4
	102	+	9–301. 3
104	103
105		-	(7) Permits to own, operate, establish, or maintain a low–level nuclear 5
106		-	waste facility issued pursuant to § 7–233 of this article; [and] 6
	104	+	(a) In this subtitle the following words have the meanings indicated. 4
107	105
108		-	(8) Potable reuse permits issued in accordance with § 9–303.2 of this 7
109		-	article; AND 8
	106	+	(b) “Board” means the Water Science Advisory Board. 5
110	107
111		-	(9) ~~PERMITS FOR RESERVOIR AUGMENTATION ISSUED~~ IN 9
112		-	~~ACCORDANCE WITH § 9–303.4 OF THIS ARTICLE~~ . 10
	108	+	(c) “CAFO” means a concentrated animal feeding operation, as defined in 6
	109	+	Department regulations. 7
113	110
114		-	9–301. 11
	111	+	(d) “Discharge permit” means a permit issued by the Department for the 8
	112	+	discharge of any pollutant or combination of pollutants into the waters of this State. 9
115	113
116		-	(a) In this subtitle the following words have the meanings indicated. 12
	114	+	(E) “DRINKING WATER TREATM ENT FACILITY” MEANS A FACILITY THA T IS 10
	115	+	USED TO TREAT WATER IN A PUBLIC WATER SY STEM. 11
117	116
118		-	(b) “Board” means the Water Science Advisory Board. 13
	117	+	[(e)] (F) “Person” includes the federal government, this State, any county, 12
	118	+	municipal corporation, or other political subdivision of this State, or any of their units. 13
119	119
120		-	(c) “~~CAFO~~” ~~means a concentrated animal feeding operation, as defined~~ in 14
121		-	~~Department regulations~~. 15
	120	+	(G) “PUBLIC WATER SYSTEM ” HAS THE MEANING STAT ED IN § 9–401 OF THIS 14
	121	+	TITLE. 15
122	122
123		-	(d) “Discharge permit” means a permit issued by the Department for the 16
124		-	discharge of any pollutant or combination of pollutants into the waters of this State. 17
	123	+	[(f)] (H) “Reclaimed water” means sewage that: 16
125	124
126		-	(E) “DRINKING WATER TREATM ENT FACILITY” MEANS A FACILITY THA T IS 18
127		-	USED TO TREAT WATER IN A PUBLIC WATER SY STEM. 19
	125	+	(1) Has been treated to a high quality suitable for various reuses; and 17
128	126
129		-	[(e)] (F) “Person” includes the federal government, this State, any county, 20
130		-	municipal corporation, or other political subdivision of this State, or any of their units. 21
	127	+	(2) Has a concentration of less than: 18
131	128
132		-	(G) “PUBLIC WATER SYSTEM ” HAS THE MEANING STAT ED IN § 9–401 OF THIS 22
133		-	TITLE. 23
	129	+	(i) 3 fecal coliform colonies per 100 milliliters; 19
134	130
135		-	~~[(f)]~~ (H) ~~“Reclaimed water”~~ ~~means sewage that:~~ 24
	131	+	(ii) 10 milligrams per liter of 5–day biological oxygen demand; and 20
136	132
137		-	(1) ~~Has been treated to a high quality suitable for various reuses; and 25~~
	133	+	(iii) 10 milligrams per liter of total suspended solids. 21
138	134
139		-	(2) Has a concentration of less than: 26
	135	+	(I) “RESERVOIR AUGMENTATIO N” MEANS THE PLANNED PL ACEMENT OF 22
	136	+	RECLAIMED WATER INTO A SURFACE WATER RESE RVOIR USED AS A SOUR CE FOR A 23
	137	+	DRINKING WATER TREAT MENT FACILITY. 24
140	138
141		-	(i) 3 fecal coliform colonies per 100 milliliters; 27
	139	+	(J) “RESERVOIR AUGMENTATIO N PERMIT” MEANS A PERMIT ISSUED BY 25
	140	+	THE DEPARTMENT FOR RESERV OIR AUGMENTATION . 26
142	141
143		-	(ii) 10 milligrams per liter of 5–day biological oxygen demand; and 28
	142	+	[(g)] (K) “Sewage” means any human or animal excretion, domestic waste, or 27
	143	+	industrial waste. 28
144	144		4 SENATE BILL 265
145	145
146	146
147		-	(~~iii~~) ~~10 milligrams per liter of total suspended solids.~~ 1
	147	+	[(h)] (L) (1) “Sewerage system” means: 1
148	148
149		-	(I) “RESERVOIR AUGMENTATIO N” MEANS THE PLANNED PL ACEMENT OF 2
150		-	RECLAIMED WATER INTO A SURFACE WATER RESE RVOIR USED AS A SOUR CE FOR A 3
151		-	DRINKING WATER TREAT MENT FACILITY. 4
	149	+	(i) The channels used or intended to be used to collect and dispose 2
	150	+	of sewage; and 3
152	151
153		-	(J) ~~“RESERVOIR AUGMENTATIO N PERMIT”~~ ~~MEANS A PERMIT ISSUE D BY 5~~
154		-	~~THE DEPARTMENT~~ FOR ~~RESERV OIR AUGMENTATION~~ . 6
	152	+	(ii) Any structure and appurtenance used or intended to be used to 4
	153	+	collect or prepare sewage for discharge into the waters of this State. 5
155	154
156		-	[(g)] (K) “Sewage” means any human or animal excretion, domestic waste, or 7
157		-	industrial waste. 8
	155	+	(2) “Sewerage system” includes any sewer of any size. 6
158	156
159		-	[(h)] (L) (1) “Sewerage system” means: 9
	157	+	(3) “Sewerage system” does not include the plumbing system inside any 7
	158	+	building served by the sewerage system. 8
160	159
161		-	(i) The channels used or intended to be used to collect and dispose 10
162		-	of sewage; and 11
	160	+	9–303.4. 9
163	161
164		-	(ii) ~~Any structure and appurtenance used or intended to be used to 12~~
165		-	~~collect or prepare sewage for discharge into the waters of this State~~. 13
	162	+	(A) THERE IS A RESERVOIR AUGMENTATION PROGRAM IN THE 10
	163	+	DEPARTMENT . 11
166	164
167		-	(2) “Sewerage system” includes any sewer of any size. 14
	165	+	(B) EXCEPT AS PROVIDED IN THIS SECTION, A PERSON MAY NOT PER FORM 12
	166	+	RESERVOIR AUGMENTATI ON. 13
168	167
169		-	(3) “Sewerage system” does not include the plumbing system inside any 15
170		-	building served by the sewerage system. 16
	168	+	(C) SUBJECT TO THE PROVIS IONS OF THIS SECTION , THE DEPARTMENT 14
	169	+	MAY ISSUE, MODIFY, OR RENEW A RESERVOIR AUGMENTATION PERMIT IF THE 15
	170	+	DEPARTMENT FINDS THAT : 16
171	171
172		-	9–303.2. 17
	172	+	(1) THE TREATMENT PROCESS WILL MEET OR SURPASS STANDARDS 17
	173	+	ESTABLISHED BY THE DEPARTMENT BEFORE WATER ENTER S THE RESERVOIR ; 18
173	174
174		-	(b) There is an Indirect Potable Reuse Pilot Program in the Department. 18
	175	+	(2) THE TREATMENT PROCESS WILL MEET OR SURPASS STANDARDS 19
	176	+	ESTABLISHED BY THE DEPARTMENT BEFORE WATER ENTERS THE DISTRIBUTION 20
	177	+	SYSTEM; AND 21
175	178
176		-	(o) (1) On or before December 31, 2024, the Department shall report to the 19
177		-	Governor and, in accordance with § 2–1257 of the State Government Article, the General 20
178		-	Assembly on: 21
	179	+	(3) THE APPLICANT AGREES TO PROVIDE THE DEPARTMENT THE 22
	180	+	RIGHT OF ENTRY ON THE PERMIT SITE AT ANY REASONABLE TIME TO IN SPECT OR 23
	181	+	INVESTIGATE FOR A VI OLATION OR POTENTIAL VIOLATION OF THE RES ERVOIR 24
	182	+	AUGMENTATION PERMIT . 25
179	183
180		-	[(1)] (I) The status of the Pilot Program; 22
	184	+	(D) THE DEPARTMENT MAY INCLUD E IN A RESERVOIR AUGME NTATION 26
	185	+	PERMIT ANY TERM, CONDITION, OR REQUIREMENT THAT THE DEPARTMENT DEEMS 27
	186	+	APPROPRIATE TO PROTECT PUBLI C HEALTH OR THE ENVI RONMENT. 28
181	187
182		-	[(2)] (II) Whether the Pilot Program should be extended or made 23
183		-	permanent; and 24
	188	+	(E) THE PROVISIONS OF TITLE 1, SUBTITLE 6 OF THIS ARTICLE SHAL L 29
	189	+	GOVERN TH E ISSUANCE OF POTABLE REUSE PERMITS . 30
	190	+	SENATE BILL 265 5
184	191
185		-	[(3)] (III) Any statutory or regulatory changes that the Department 25
186		-	recommends to permanently authorize the regulated use of reclaimed water as a source for 26
187		-	drinking water treatment facilities, if appropriate. 27
188	192
189		-	(2) ON OR BEFORE DECEMBER 31, 2029, THE DEPARTMENT SHALL 28
190		-	REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 29
191		-	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE IMPLE MENTATION OF 30
192		-	THE PILOT PROGRAM. 31 SENATE BILL 265 5
	193	+	(F) (1) A PERSON SHALL OBTAIN , ON WRITTEN APPLICATI ON TO THE 1
	194	+	DEPARTMENT , A PERMIT FROM THE DEPARTMENT TO PERFORM RESERVOIR 2
	195	+	AUGMENTATION . 3
	196	+
	197	+	(2) AN APPLICATION FOR A RESERVOIR AUGMENTATI ON PERMIT 4
	198	+	SHALL INCLUDE : 5
	199	+
	200	+	(I) A FEASIBILITY STUDY SH OWING THE PURPOSE AN D THE 6
	201	+	NEED FOR THE RESERVO IR AUGMENTATION PROJ ECT, INCLUDING: 7
	202	+
	203	+	1. A DESCRIPTION AND TECHNICAL ANALYSIS O F THE 8
	204	+	RESERVOIR AUGMENTATI ON PROJECT AND ALTER NATIVE OPTIONS ; AND 9
	205	+
	206	+	2. THE COSTS ASSOCIATED WITH THE RESERVOIR 10
	207	+	AUGMENTATION PROJECT AND ALTERNATIVE OPTI ONS; AND 11
	208	+
	209	+	(II) ANY ADDITIONAL INFORM ATION REQUESTED BY T HE 12
	210	+	DEPARTMENT . 13
	211	+
	212	+	(G) THE DEPARTMENT MAY REFUSE TO ISSUE A RESERVOIR 14
	213	+	AUGMENTATION PERMIT IF: 15
	214	+
	215	+	(1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION 16
	216	+	REQUESTED BY THE DEPARTMENT ; 17
	217	+
	218	+	(2) THE APPLICANT FAILS O R REFUSES TO ALLOW T HE DEPARTMENT 18
	219	+	TO INSPECT THE PERMI T SITE; 19
	220	+
	221	+	(3) THE SOURCE OF THE RECLAIM ED WATER FAILS TO CO MPLY WITH 20
	222	+	ANY STATE OR FEDERAL LAW, REGULATION , OR PERMIT; 21
	223	+
	224	+	(4) THE DEPARTMENT FINDS THAT THE ISSUANCE OF THE 22
	225	+	RESERVOIR AUGMENTATI ON PERMIT WOULD VIOL ATE ANY STATE OR FEDERAL LAW 23
	226	+	OR ANY REGULATION AD OPTED UNDER STATE OR FEDERAL LAW; OR 24
	227	+
	228	+	(5) THE APPLICANT FAILS O R REFUSES TO PAY THE APPLICATION 25
	229	+	FEE ESTABLISHED UNDE R SUBSECTION (J) OF THIS SECTION. 26
	230	+
	231	+	(H) THE DEPARTMENT MAY NOT IS SUE A RESERVOIR AUGM ENTATION 27
	232	+	PERMIT FOR A TERM LO NGER THAN 5 YEARS. 28
	233	+
	234	+	(I) THE DEPARTMENT MAY REVOKE A RESERVO IR AUGMENTATION PERM IT 29
	235	+	IF THE DEPARTMENT FINDS THAT : 30 6 SENATE BILL 265
193	236
194	237
195	238
196		-	9–303.4. 1
	239	+	(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 1
	240	+	INFORMATION ; 2
197	241
198		-	(A) ~~THERE IS A RESERVOIR AUGMENTATION PROGRAM IN~~ THE 2
199		-	~~DEPARTMENT . 3~~
	242	+	(2) CONDITIONS OR REQUIRE MENTS OF THE RESERVO IR 3
	243	+	AUGMENTATION PERMIT HAVE BEEN OR ARE ABO UT TO BE VIOLATED ; 4
200	244
201		-	(B) ~~EXCEPT AS PROVIDED IN THIS SECTION~~, ~~A PERSON MAY NOT PER FORM 4~~
202		-	~~RESERVOIR AUGMENTATI ON.~~ 5
	245	+	(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 5
	246	+	REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 6
203	247
204		-	(C) ~~SUBJECT TO THE PROVIS IONS OF THIS SECTION ,~~ THE DEPARTMENT 6
205		-	~~MAY ISSUE,~~ ~~MODIFY, OR RENEW A~~ RESERVOIR ~~AUGMENTATION PERMIT IF THE 7~~
206		-	~~DEPARTMENT FINDS THAT : 8~~
	248	+	(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISES FOR 7
	249	+	THE PURPOSE OF EVALU ATING COMPLIANCE WIT H THE RESERVOIR AUGM ENTATION 8
	250	+	PERMIT; 9
207	251
208		-	(1) THE TREATMENT PROCESS WILL MEET OR SURPASS STANDA RDS 9
209		-	ESTABLISHED BY THE DEPARTMENT BEFORE WAT ER ENTERS THE RESERV OIR; 10
	252	+	(5) A CHANGE IN CONDITIONS EXISTS TH AT REQUIRES THE 10
	253	+	TEMPORARY OR PERMANENT REDUCTIO N OR ELIMINATION OF THE USE OF 11
	254	+	RECLAIMED WATER ; 12
210	255
211		-	(2) ~~THE TREATMENT PROCESS WILL MEET~~ OR ~~SURPASS STANDARDS 11~~
212		-	~~ESTABLISHED~~ BY THE DEPARTMENT ~~BEFORE WAT ER ENTERS THE DISTRI BUTION 12~~
213		-	~~SYSTEM~~; ~~AND 13~~
	256	+	(6) THERE IS NONCOMPLIANC E WITH A DISCHARGE P ERMIT OR 13
	257	+	PRETREATMENT REGULAT ION ADOPTED BY THE DEPARTMENT THAT MAY A FFECT 14
	258	+	THE RECLAIMED WATER; 15
214	259
215		-	(3) THE APPLICANT AGREES TO PROVIDE THE DEPARTMENT THE 14
216		-	RIGHT OF ENTRY ON TH E PERMIT SITE AT ANY REASONABLE TIME TO I NSPECT OR 15
217		-	INVESTIGATE FOR A VI OLATION OR POTENTIAL VIOLATION OF THE RES ERVOIR 16
218		-	AUGMENTATION PERMIT . 17
	260	+	(7) ANY REQUIREMENT ESTAB LISHED UNDER THE FEDERAL SAFE 16
	261	+	DRINKING WATER ACT, SUBTITLE 4 OF THIS TITLE, OR TITLE 12 OF THIS ARTICLE 17
	262	+	HAS BEEN OR IS THREA TENED TO BE VIOLATED ; OR 18
219	263
220		-	(D) THE DEPARTMENT MAY INCLUD E IN A RESERVOIR AUG MENTATION 18
221		-	PERMIT ANY TERM, CONDITION, OR REQUIREMENT THAT THE DEPARTMENT DEEMS 19
222		-	APPROPRIATE TO PROTE CT PUBLIC HEALTH OR THE ENVIRONMENT . 20
	264	+	(8) THE RECLAIMED WATER M AY THREATEN PUBLIC H EALTH, 19
	265	+	SAFETY, COMFORT, OR THE ENVIRONMENT . 20
223	266
224		-	(E) THE ~~PROVISIONS OF TITLE 1,~~ ~~SUBTITLE 6 OF THIS ARTICLE SHAL L~~ 21
225		-	~~GOVERN THE ISSUANCE OF POTABLE REUSE RESERVOIR AUGMENTATI ON PERMITS.~~ 22
	267	+	(J) (1) THE DEPARTMENT SHALL ADOP T REGULATIONS THAT 21
	268	+	ESTABLISH: 22
226	269
227		-	(F) (1) A PERSON SHALL OBTAIN , ON WRITTEN APPLICATI ON TO THE 23
228		-	DEPARTMENT , A PERMIT FROM THE DEPARTMENT TO PERFORM RESERVOIR 24
229		-	AUGMENTATION . 25
	270	+	(I) THE STANDARDS FOR RES ERVOIR AUGMENTATION ; AND 23
230	271
231		-	(2) AN APPLICATION ~~FOR A RESERVOIR AUGMENTATI ON PERMIT 26~~
232		-	~~SHALL INCLUDE : 27~~
	272	+	(II) THE APPLICATION , ISSUANCE, REVOCATION , AND 24
	273	+	MODIFICATION OF A RE SERVOIR AUGMENTATION PERMIT. 25
233	274
234		-	(I) A EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 28
235		-	SUBSECTION, A FEASIBILITY STUDY SH OWING THE PURPOSE AN D THE NEED FOR 29
236		-	THE RESERVOIR AUGMEN TATION PROJECT , INCLUDING: 30
237		-	6 SENATE BILL 265
238		-
239		-
240		-	1. A DESCRIPTION AND TECH NICAL ANALYSIS OF TH E 1
241		-	RESERVOIR AUGMENTATI ON PROJECT AND ALTER NATIVE OPTIONS ; AND 2
242		-
243		-	2. THE COSTS ASSOCIATED WIT H THE RESERVOIR 3
244		-	AUGMENTATION PROJECT AND ALTERNATIVE OPTI ONS; AND 4
245		-
246		-	(II) ANY ADDITIONAL INFORM ATION REQUESTED BY T HE 5
247		-	DEPARTMENT . 6
248		-
249		-	(3) A FEASIBILITY STUDY IS NOT REQUIRED FOR A R ESERVOIR 7
250		-	AUGMENTATION PROJECT THAT WAS PREVIOUSLY APPROVED BY THE DEPARTMENT 8
251		-	UNDER THE INDIRECT POTABLE REUSE PILOT PROGRAM. 9
252		-
253		-	(G) THE DEPARTMENT MAY REFUSE TO ISSUE A RESERVOIR 10
254		-	AUGMENTATION PERMIT IF: 11
255		-
256		-	(1) THE APPLICANT FAILS T O PROVIDE ANY INFORM ATION 12
257		-	REQUESTED BY THE DEPARTMENT ; 13
258		-
259		-	(2) THE APPLICANT FAIL S OR REFUSES TO ALLO W THE DEPARTMENT 14
260		-	TO INSPECT THE PERMI T SITE; 15
261		-
262		-	(3) THE SOURCE OF THE REC LAIMED WATER FAILS T O COMPLY WITH 16
263		-	ANY STATE OR FEDERAL LAW , REGULATION , OR PERMIT; 17
264		-
265		-	(4) THE DEPARTMENT FINDS THAT THE ISSUANCE OF THE 18
266		-	RESERVOIR AUGMENTATI ON PERMIT WOULD VIOLATE ANY STATE OR FEDERAL LAW 19
267		-	OR ANY REGULATION AD OPTED UNDER STATE OR FEDERAL LAW ; OR 20
268		-
269		-	(5) THE APPLICANT FAILS O R REFUSES TO PAY THE APPLICATION 21
270		-	FEE ESTABLISHED UNDE R SUBSECTION (J) OF THIS SECTION. 22
271		-
272		-	(H) THE DEPARTMENT MAY NOT IS SUE A RESER VOIR AUGMENTATION 23
273		-	PERMIT FOR A TERM LO NGER THAN 5 YEARS. 24
274		-
275		-	(I) THE DEPARTMENT MAY REVOKE A RESERVOIR AUGMENTA TION PERMIT 25
276		-	IF THE DEPARTMENT FINDS THAT : 26
277		-
278		-	(1) THE APPLICATION INCLU DED FALSE OR INACCUR ATE 27
279		-	INFORMATION ; 28
280		-
281		-	(2) CONDITIONS OR REQUIRE MENTS OF THE RESERVOIR 29
282		-	AUGMENTATION PERMIT HAVE BEEN OR ARE ABO UT TO BE VIOLATED ; 30
	275	+	(2) THE REGULATIONS ADOPTED UNDER THIS SECTION SHALL S ET A 26
	276	+	REASONABLE APPLICATI ON FEE IN AN AMOUNT DESIGNATED TO COVER THE COST 27
	277	+	OF ISSUING AND ADMIN ISTERING A RESERVOIR AUGMENTATION PERMIT UNDER THE 28
	278	+	PROGRAM. 29
283	279		SENATE BILL 265 7
284	280
285	281
286		-	(3) SUBSTANTIAL DEVIATION FROM PLANS , SPECIFICATIONS , OR 1
287		-	REQUIREMENTS HAS OCC URRED OR IS ABOUT TO OCCUR; 2
	282	+	(K) ALL REVENUES COLLECTE D BY THE DEPARTMENT UNDER THIS 1
	283	+	SECTION, INCLUDING APPLICATIO N FEES, PERMIT FEES, RENEWAL FEES , OR ANY 2
	284	+	ADMINISTRATIVE PENAL TY, CIVIL PENALTY, OR ANY FINE IMPOSED BY A COURT FOR 3
	285	+	VIOLATIONS OF THIS S ECTION, SHALL BE DISTRIBUTED TO A SPECIAL FUND , TO BE 4
	286	+	USED ONLY FOR THE OPERATION AN D OVERSIGHT OF THE RESERVOIR 5
	287	+	AUGMENTATION PROGRAM. 6
288	288
289		-	(4) THE DEPARTMENT IS REFUSED ENTRY TO ANY PREMISE S FOR 3
290		-	THE PURPOSE OF EVAL UATING COMPLIANCE WI TH THE RESERVOIR AUG MENTATION 4
291		-	PERMIT; 5
	289	+	9–320. 7
292	290
293		-	(5) A CHANGE IN CONDITIONS EXISTS THAT REQUIRES THE 6
294		-	TEMPORARY OR PERMANE NT REDUCTION OR ELIM INATION OF THE USE O F 7
295		-	RECLAIMED WATER ; 8
	291	+	(a) There is a Maryland Clean Water Fund. 8
296	292
297		-	(6) THERE IS NONCOMPLIANC E WITH A DISCHARGE P ERMIT OR 9
298		-	PRETREATMENT REGULATION ADO PTED BY THE DEPARTMENT THAT MAY A FFECT 10
299		-	THE RECLAIMED WATER ; 11
	293	+	(b) [The] EXCEPT AS PROVIDED IN § 9–303.4 OF THIS SUBTITLE , THE 9
	294	+	following payments shall be made into the Maryland Clean Water Fund: 10
300	295
301		-	(7) ~~ANY REQUIREMENT ESTAB LISHED UNDER THE FED ERAL SAFE 12~~
302		-	~~DRINKING WATER ACT, SUBTITLE 4 OF~~ THIS ~~TITLE~~, OR ~~TITLE~~ 12 ~~OF THIS ARTICLE 13~~
303		-	~~HAS BEEN OR IS THREA TENED TO BE VIOLATED~~ ; ~~OR 14~~
	296	+	(1) All application fees, permit fees, renewal fees, and funds collected by 11
	297	+	the Department under this subtitle, including any civil or administrative penalty or any 12
	298	+	fine imposed by a court under the provisions of this subtitle; 13
304	299
305		-	(8) THE ~~RECLAIMED WATER M AY THREATEN PUBLIC H EALTH, 15~~
306		-	~~SAFETY~~, ~~COMFORT, OR THE ENVIRONMENT . 16~~
	300	+	(2) Any civil penalty or any fine imposed by a court under the provisions of 14
	301	+	Title 5, Subtitle 5 of this article relating to water appropriation and use; 15
307	302
308		-	(J) ~~(1) THE DEPARTMENT SHALL ADOP~~ ~~T REGULATIONS THAT 17~~
309		-	~~ESTABLISH: 18~~
	303	+	(3) Any civil or administrative penalty or any fine imposed by a court under 16
	304	+	the provisions of Title 4, Subtitle 1 of this article; 17
310	305
311		-	(I) THE STANDARDS FOR RES ERVOIR AUGMENTATION ; AND 19
	306	+	(4) Any fees or funds that the Department collects under Subtitle 2, Part 18
	307	+	III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 19
	308	+	or fine imposed by a court under the provisions of Subtitle 2 of this title; and 20
312	309
313		-	(II) THE APPLICATION , ISSUANCE, REVOCATION, AND 20
314		-	MODIFICATION OF A RE SERVOIR AUGMENTATION PERMIT. 21
	310	+	(5) Any fees or funds that the Department collects under Subtitle 24 of this 21
	311	+	title and any civil or administrative penalty or fine imposed by a court under the provisions 22
	312	+	of Subtitle 24 of this title. 23
315	313
316		-	(2) THE REGULATIONS ADOPT ED UNDER THIS SECTIO N SHALL SET A 22
317		-	REASONABLE APPLICATI ON FEE IN AN AMOUNT DESIGNATED DESIGNED TO COVER 23
318		-	THE COST OF ISSUING AND ADMINISTERING A RESERVOIR AUGMENTATI ON PERMIT 24
319		-	UNDER THE PROGRAM. 25
	314	+	Chapter 122 of the Acts of 2023 24
320	315
321		-	(K) ALL REVENUES COLLECTE D BY THE DEPARTMENT UNDER THIS 26
322		-	SECTION, INCLUDING APPLICATIO N FEES, PERMIT FEES, RENEWAL FEES , OR ANY 27
323		-	ADMINISTRATIVE PENAL TY, CIVIL PENALTY, OR ANY FINE IMPOSED BY A COURT FOR 28
324		-	VIOLATIONS OF THIS S ECTION, SHALL BE DISTRIBUTED TO A SPECIAL FUND , TO BE 29
325		-	USED ONLY FOR THE OP ERATION AND OVERSIGH T OF THE RESERVOIR 30
326		-	AUGMENTATION PROGRAM. 31
	316	+	SECTION 3. AND BE IT FURTHER ENACTED , That this Act is an emergency 25
	317	+	measure, is necessary for the immediate preservation of the public health or safety, has 26
	318	+	been passed by a yea and nay vote supported by three–fifths of all the members elected to 27
	319	+	each of the two Houses of the General Assembly, and shall take effect from the date it is 28
	320	+	enacted. [Section 1 of this Act] IT shall remain effective through June 30, [2028] 2030, 29
	321	+	and, at the end of June 30, [2028] 2030, [Section 1 of] this Act, with no further action 30
	322	+	required by the General Assembly, shall be abrogated and of no further force and effect. 31
327	323
328		-	(L) ON OR BEFORE DECEMBER 31, 2035, AND EVERY 5 YEARS THEREAFTER , 32
329		-	THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANC E WITH 33 8 SENATE BILL 265
	324	+	Chapter 123 of the Acts of 2023 32
	325	+
	326	+	SECTION 3. AND BE IT FURTHER ENACTED , That this Act is an emergency 33
	327	+	measure, is necessary for the immediate preservation of the public health or safety, has 34 8 SENATE BILL 265
330	328
331	329
332		-	§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE 1
333		-	IMPLEMENTATION OF TH E RESERVOIR AUGMENTATION PROGRAM. 2
	330	+	been passed by a yea and nay vote supported by three–fifths of all the members elected to 1
	331	+	each of the two Houses of the General Assembly, and shall take effect from the date it is 2
	332	+	enacted. [Section 1 of this Act] IT shall remain effective through June 30, [2028] 2030, 3
	333	+	and, at the end of June 30, [2028] 2030, [Section 1 of] this Act, with no further action 4
	334	+	required by the General Assembly, shall be abrogated and of no further force and effect. 5
334	335
335		-	9–320. 3
	336	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
	337	+	1, 2025. 7
336	338
337		-	(a) There is a Maryland Clean Water Fund. 4
338		-
339		-	(b) [The] EXCEPT AS PROVIDED IN § 9–303.4 OF THIS SUBTITLE , THE 5
340		-	following payments shall be made into the Maryland Clean Water Fund: 6
341		-
342		-	(1) All application fees, permit fees, renewal fees, and funds collected by 7
343		-	the Department under this subtitle, including any civil or administrative penalty or any 8
344		-	fine imposed by a court under the provisions of this subtitle; 9
345		-
346		-	(2) Any civil penalty or any fine imposed by a court under the provisions of 10
347		-	Title 5, Subtitle 5 of this article relating to water appropriation and use; 11
348		-
349		-	(3) Any civil or administrative penalty or any fine imposed by a court under 12
350		-	the provisions of Title 4, Subtitle 1 of this article; 13
351		-
352		-	(4) Any fees or funds that the Department collects under Subtitle 2, Part 14
353		-	III of this title and §§ 9–269 and 9–270 of this title and any civil or administrative penalty 15
354		-	or fine imposed by a court under the provisions of Subtitle 2 of this title; and 16
355		-
356		-	(5) Any fees or funds that the Department collects under Subtitle 24 of this 17
357		-	title and any civil or administrative penalty or fine imposed by a court under the provisions 18
358		-	of Subtitle 24 of this title. 19
359		-
360		-	Chapter 122 of the Acts of 2023 20
361		-
362		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 21
363		-	measure, is necessary for the immediate preservation of the public health or safety, has 22
364		-	been passed by a yea and nay vote supported by three–fifths of all the members elected to 23
365		-	each of the two Houses of the General Assembly, and shall take effect from the date it is 24
366		-	enacted. [Section 1 of this Act] IT shall remain effective through June 30, [2028] 2030, 25
367		-	and, at the end of June 30, [2028] 2030, [Section 1 of] this Act, with no further action 26
368		-	required by the General Assembly, shall be abrogated and of no further force and effect. 27
369		-
370		-	Chapter 123 of the Acts of 2023 28
371		-
372		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 29
373		-	measure, is necessary for the immediate preservation of the public health or safety, has 30
374		-	been passed by a yea and nay vote supported by three–fifths of all the members elected to 31
375		-	each of the two Houses of the General Assembly, and shall take effect from the date it is 32
376		-	enacted. [Section 1 of this Act] IT shall remain effective through June 30, [2028] 2030, 33 SENATE BILL 265 9
377		-
378		-
379		-	and, at the end of June 30, [2028] 2030, [Section 1 of] this Act, with no further action 1
380		-	required by the General Assembly, shall be abrogated and of no further force and effect. 2
381		-
382		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
383		-	1, 2025. 4
384		-
385		-
386		-
387		-
388		-
389		-	Approved:
390		-	________________________________________________________________________________
391		-	Governor.
392		-	________________________________________________________________________________
393		-	President of the Senate.
394		-	________________________________________________________________________________
395		-	Speaker of the House of Delegates.