EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0315*
SENATE BILL 315
M3 5lr2164
CF HB 344
By: Senators Brooks and Kagan
Introduced and read first time: January 13, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable
Senate action: Adopted
Read second time: February 2, 2025
CHAPTER ______
AN ACT concerning 1
Maryland Environmental Service – Membership of Board of Directors – 2
Alterations 3
FOR the purpose of altering the composition of the Board of Directors of the Maryland 4
Environmental Service by replacing the State Treasurer with the Secretary of 5
Planning or the Secretary’s designee; providing that certain provisions of law 6
relating to terms of members of the Board do not apply to the Secretary of Planning 7
and the Executive Director; and generally relating to the membership of the Board 8
of Directors of the Maryland Environmental Service. 9
BY repealing and reenacting, without amendments, 10
Article – Natural Resources 11
Section 3–103(a) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Natural Resources 16
Section 3–103(b) 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 SENATE BILL 315
Article – Natural Resources 1
3–103. 2
(a) (1) There is a body politic and corporate known as the “Maryland 3
Environmental Service”. 4
(2) The Service is an instrumentality of the State and a public corporation 5
by that name, style, and title, and the exercise by the Service of the powers conferred by 6
this subtitle is the performance of an essential governmental function of the State. 7
(b) (1) There are four officers of the Service: 8
(i) An Executive Director; 9
(ii) A Deputy Director; 10
(iii) A Secretary; and 11
(iv) A Treasurer. 12
(2) (i) The four officers of the Service shall be appointed in accordance 13
with this paragraph. 14
(ii) 1. The Executive Director shall be appointed by the 15
Governor, with the advice and consent of the Senate solely with regard to the qualifications 16
for the duties of the office. 17
2. The Executive Director serves at the pleasure of the Board 18
with the concurrence of the Governor and shall receive such compensation as may be 19
determined by the Board. 20
(iii) 1. The Deputy Director shall be appointed by the Executive 21
Director with the approval of the Governor solely with regard to the qualifications for the 22
duties of the office. 23
2. The Deputy Director serves at the pleasure of the 24
Executive Director and shall receive such compensation as may be determined by the 25
Board. 26
(iv) 1. The Secretary and the Treasurer shall be selected by the 27
Board from among the Board’s members. 28
2. The Secretary and the Treasurer serve at the pleasure of 29
the Board and shall receive such compensation as may be reasonably determined by the 30
Board. 31
SENATE BILL 315 3
(3) The Board of Directors of the Service shall consist of the following 1
members: 2
(i) The Executive Director, who shall serve as a nonvoting member; 3
(ii) The [State Treasurer] SECRETARY OF PLANNING, or the 4
[State Treasurer’s] SECRETARY’S designee; 5
(iii) Three members from the public sector in the State in positions 6
responsible for environmental, water, wastewater, or solid waste management; 7
(iv) One member from the private sector in the State with technical, 8
financial, development, or legal experience related to environmental, water, wastewater, or 9
solid waste management; 10
(v) One member from the private sector in the State with financial 11
experience related to environmental, water, wastewater, or solid waste management; and 12
(vi) One member from the private sector in the State with experience 13
or expertise in matters related to business ethics, preferably involving board of director 14
ethics and conflicts of interest. 15
(4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the 16
public sector and private sector members of the Board, as set forth in paragraph (3)(iii) 17
through (vi) of this subsection shall be appointed by the Governor with the advice and 18
consent of the Senate. 19
(ii) The Governor shall select at least one of the public sector 20
members of the Board from a list of recommendations jointly compiled by the Maryland 21
Association of Counties and the Maryland Municipal League. 22
(iii) The Governor may not appoint an employee of the Service to the 23
Board. 24
(iv) At least one of the public sector or private sector members shall 25
be a resident of a rural county in the State. 26
(5) (i) Five members constitute a quorum for the transaction of 27
business of the Board. 28
(ii) The affirmative vote of at least five members is necessary for any 29
action taken by the Board. 30
(6) Those members of the Board not already holding a public office shall 31
receive from the Service: 32
(i) Per diem compensation as established by the Board; and 33 4 SENATE BILL 315
(ii) Reimbursement for expenses under Standard State Travel 1
Regulations. 2
(7) The term of a member other than the [State Treasurer] SECRETARY 3
OF PLANNING AND THE EXECUTIVE DIRECTOR is 4 years. 4
(8) The terms of members other than the [State Treasurer] SECRETARY 5
OF PLANNING AND THE EXECUTIVE DIRECTOR are staggered as required by the terms 6
provided for those members of the Board on July 1, 2021. 7
(9) At the end of a term, a member continues to serve until a successor is 8
appointed and qualifies. 9
(10) A member who is appointed after a term has begun serves only the 10
remainder of that term and until a successor is appointed and qualifies. 11
(11) A member of the Board who is appointed under paragraph (3)(iii) 12
through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any 13
partial term served before the initial 4–year term. 14
(12) Subject to paragraphs (13) and (14) of this subsection, the Board shall 15
select a Chair from among the Board’s members. 16
(13) The Executive Director may not serve as the Secretary, Treasurer, or 17
Chair of the Board. 18
(14) The [State Treasurer] SECRETARY OF PLANNING may not serve as 19
the Secretary, Treasurer, or Chair of the Board. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2025. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.