Maryland 2025 Regular Session

Maryland Senate Bill SB315 Compare Versions

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1- WES MOORE, Governor Ch. 47
21
3-– 1 –
4-Chapter 47
5-(Senate Bill 315)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0315*
810
9-Maryland Environmental Service – Membership of Board of Directors –
10-Alterations
11+SENATE BILL 315
12+M3 (5lr2164)
13+ENROLLED BILL
14+— Education, Energy, and the Environment/Environment and Transportation —
15+Introduced by Senators Brooks and Kagan
1116
12-FOR the purpose of altering the composition of the Board of Directors of the Maryland
13-Environmental Service by replacing the State Treasurer with the Secretary of
14-Planning or the Secretary’s designee; providing that certain provisions of law
15-relating to terms of members of the Board do not apply to the Secretary of Planning,
16-certain legislative members, and the Executive Director; and generally relating to the
17-membership of the Board of Directors of the Maryland Environmental Service.
17+Read and Examined by Proofreaders:
1818
19-BY repealing and reenacting, without amendments,
20- Article – Natural Resources
21- Section 3–103(a)
22- Annotated Code of Maryland
23- (2023 Replacement Volume and 2024 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2423
25-BY repealing and reenacting, with amendments,
26- Article – Natural Resources
27- Section 3–103(b)
28- Annotated Code of Maryland
29- (2023 Replacement Volume and 2024 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3025
31- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
32-That the Laws of Maryland read as follows:
26+_______ day of _______________ at ________________________ o’clock, ________M.
3327
34-Article – Natural Resources
28+______________________________________________
29+President.
3530
36-3–103.
31+CHAPTER ______
3732
38- (a) (1) There is a body politic and corporate known as the “Maryland
39-Environmental Service”.
33+AN ACT concerning 1
4034
41- (2) The Service is an instrumentality of the State and a public corporation
42-by that name, style, and title, and the exercise by the Service of the powers conferred by
43-this subtitle is the performance of an essential governmental function of the State.
35+Maryland Environmental Service – Membership of Board of Directors – 2
36+Alterations 3
4437
45- (b) (1) There are four officers of the Service:
38+FOR the purpose of altering the composition of the Board of Directors of the Maryland 4
39+Environmental Service by replacing the State Treasurer with the Secretary of 5
40+Planning or the Secretary’s designee; providing that certain provisions of law 6
41+relating to terms of members of the Board do not apply to the Secretary of Planning, 7
42+certain legislative members, and the Executive Director; and generally relating to the 8
43+membership of the Board of Directors of the Maryland Environmental Service. 9
4644
47- (i) An Executive Director;
45+BY repealing and reenacting, without amendments, 10
46+ Article – Natural Resources 11
47+ Section 3–103(a) 12
48+ Annotated Code of Maryland 13
49+ (2023 Replacement Volume and 2024 Supplement) 14 2 SENATE BILL 315
4850
49- (ii) A Deputy Director; Ch. 47 2025 LAWS OF MARYLAND
5051
51-– 2 –
5252
53- (iii) A Secretary; and
53+BY repealing and reenacting, with amendments, 1
54+ Article – Natural Resources 2
55+ Section 3–103(b) 3
56+ Annotated Code of Maryland 4
57+ (2023 Replacement Volume and 2024 Supplement) 5
5458
55- (iv) A Treasurer.
59+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
60+That the Laws of Maryland read as follows: 7
5661
57- (2) (i) The four officers of the Service shall be appointed in accordance
58-with this paragraph.
62+Article – Natural Resources 8
5963
60- (ii) 1. The Executive Director shall be appointed by the
61-Governor, with the advice and consent of the Senate solely with regard to the qualifications
62-for the duties of the office.
64+3–103. 9
6365
64- 2. The Executive Director serves at the pleasure of the Board
65-with the concurrence of the Governor and shall receive such compensation as may be
66-determined by the Board.
66+ (a) (1) There is a body politic and corporate known as the “Maryland 10
67+Environmental Service”. 11
6768
68- (iii) 1. The Deputy Director shall be appointed by the Executive
69-Director with the approval of the Governor solely with regard to the qualifications for the
70-duties of the office.
69+ (2) The Service is an instrumentality of the State and a public corporation 12
70+by that name, style, and title, and the exercise by the Service of the powers conferred by 13
71+this subtitle is the performance of an essential governmental function of the State. 14
7172
72- 2. The Deputy Director serves at the pleasure of the
73-Executive Director and shall receive such compensation as may be determined by the
74-Board.
73+ (b) (1) There are four officers of the Service: 15
7574
76- (iv) 1. The Secretary and the Treasurer shall be selected by the
77-Board from among the Board’s members.
75+ (i) An Executive Director; 16
7876
79- 2. The Secretary and the Treasurer serve at the pleasure of
80-the Board and shall receive such compensation as may be reasonably determined by the
81-Board.
77+ (ii) A Deputy Director; 17
8278
83- (3) The Board of Directors of the Service shall consist of the following
84-members:
79+ (iii) A Secretary; and 18
8580
86- (i) The Executive Director, who shall serve as a nonvoting member;
81+ (iv) A Treasurer. 19
8782
88- (ii) THE FOLLOWING TWO MEM BERS, WHO SHALL EACH SERVE
89-AS A NONVOTING MEMBE R:
83+ (2) (i) The four officers of the Service shall be appointed in accordance 20
84+with this paragraph. 21
9085
91- 1. ONE MEMBER OF THE SENATE OF MARYLAND,
92-APPOINTED BY THE PRESIDENT OF THE SENATE; AND
86+ (ii) 1. The Executive Director shall be appointed by the 22
87+Governor, with the advice and consent of the Senate solely with regard to the qualifications 23
88+for the duties of the office. 24
9389
94- 2. ONE MEMBER OF THE HOUSE OF DELEGATES,
95-APPOINTED BY THE SPEAKER OF THE HOUSE;
96- WES MOORE, Governor Ch. 47
90+ 2. The Executive Director serves at the pleasure of the Board 25
91+with the concurrence of the Governor and shall receive such compensation as may be 26
92+determined by the Board. 27
9793
98-– 3 –
99- (III) The [State Treasurer] SECRETARY OF PLANNING, or the
100-[State Treasurer’s] SECRETARY’S designee;
94+ (iii) 1. The Deputy Director shall be appointed by the Executive 28
95+Director with the approval of the Governor solely with regard to the qualifications for the 29
96+duties of the office. 30
97+ SENATE BILL 315 3
10198
102- (iii) (IV) Three members from the public sector in the State in
103-positions responsible for environmental, water, wastewater, or solid waste management;
10499
105- (iv) (V) One member from the private sector in the State with
106-technical, financial, development, or legal experience related to environmental, water,
107-wastewater, or solid waste management;
100+ 2. The Deputy Director serves at the pleasure of the 1
101+Executive Director and shall receive such compensation as may be determined by the 2
102+Board. 3
108103
109- (v) (VI) One member from the private sector in the State with
110-financial experience related to environmental, water, wastewater, or solid waste
111-management; and
104+ (iv) 1. The Secretary and the Treasurer shall be selected by the 4
105+Board from among the Board’s members. 5
112106
113- (vi) (VII) One member from the private sector in the State with
114-experience or expertise in matters related to business ethics, preferably involving board of
115-director ethics and conflicts of interest.
107+ 2. The Secretary and the Treasurer serve at the pleasure of 6
108+the Board and shall receive such compensation as may be reasonably determined by the 7
109+Board. 8
116110
117- (4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the
118-public sector and private sector members of the Board, as set forth in paragraph (3)(iii)
119-through (vi) (3)(IV) THROUGH (VII) of this subsection shall be appointed by the Governor
120-with the advice and consent of the Senate.
111+ (3) The Board of Directors of the Service shall consist of the following 9
112+members: 10
121113
122- (ii) The Governor shall select at least one of the public sector
123-members of the Board from a list of recommendations jointly compiled by the Maryland
124-Association of Counties and the Maryland Municipal League.
114+ (i) The Executive Director, who shall serve as a nonvoting member; 11
125115
126- (iii) The Governor may not appoint an employee of the Service to the
127-Board.
116+ (ii) THE FOLLOWING TWO MEM BERS, WHO SHALL EACH SERVE 12
117+AS A NONVOTING MEMBE R: 13
128118
129- (iv) At least one of the public sector or private sector members shall
130-be a resident of a rural county in the State.
119+ 1. ONE MEMBER OF THE SENATE OF MARYLAND, 14
120+APPOINTED BY THE PRESIDENT OF THE SENATE; AND 15
131121
132- (5) (i) Five members constitute a quorum for the transaction of
133-business of the Board.
122+ 2. ONE MEMBER OF THE HOUSE OF DELEGATES, 16
123+APPOINTED BY THE SPEAKER OF THE HOUSE; 17
134124
135- (ii) The affirmative vote of at least five members is necessary for any
136-action taken by the Board.
125+ (III) The [State Treasurer] SECRETARY OF PLANNING, or the 18
126+[State Treasurer’s] SECRETARY’S designee; 19
137127
138- (6) Those members of the Board not already holding a public office shall
139-receive from the Service:
128+ (iii) (IV) Three members from the public sector in the State in 20
129+positions responsible for environmental, water, wastewater, or solid waste management; 21
140130
141- (i) Per diem compensation as established by the Board; and
131+ (iv) (V) One member from the private sector in the State with 22
132+technical, financial, development, or legal experience related to environmental, water, 23
133+wastewater, or solid waste management; 24
142134
143- (ii) Reimbursement for expenses under Standard State Travel
144-Regulations. Ch. 47 2025 LAWS OF MARYLAND
135+ (v) (VI) One member from the private sector in the State with 25
136+financial experience related to environmental, water, wastewater, or solid waste 26
137+management; and 27
145138
146-– 4 –
139+ (vi) (VII) One member from the private sector in the State with 28
140+experience or expertise in matters related to business ethics, preferably involving board of 29
141+director ethics and conflicts of interest. 30
147142
148- (7) The term of a member other than the [State Treasurer] SECRETARY
149-OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS
150-SUBSECTION, AND THE EXECUTIVE DIRECTOR is 4 years.
143+ (4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the 31
144+public sector and private sector members of the Board, as set forth in paragraph (3)(iii) 32 4 SENATE BILL 315
151145
152- (8) The terms of members other than the [State Treasurer] SECRETARY
153-OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS
154-SUBSECTION, AND THE EXECUTIVE DIRECTOR are staggered as required by the terms
155-provided for those members of the Board on July 1, 2021.
156146
157- (9) At the end of a term, a member continues to serve until a successor is
158-appointed and qualifies.
147+through (vi) (3)(IV) THROUGH (VII) of this subsection shall be appointed by the Governor 1
148+with the advice and consent of the Senate. 2
159149
160- (10) A member who is appointed after a term has begun serves only the
161-remainder of that term and until a successor is appointed and qualifies.
150+ (ii) The Governor shall select at least one of the public sector 3
151+members of the Board from a list of recommendations jointly compiled by the Maryland 4
152+Association of Counties and the Maryland Municipal League. 5
162153
163- (11) A member of the Board who is appointed under paragraph (3)(iii)
164-through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any
165-partial term served before the initial 4–year term.
154+ (iii) The Governor may not appoint an employee of the Service to the 6
155+Board. 7
166156
167- (12) Subject to paragraphs (13) and (14) of this subsection, the Board shall
168-select a Chair from among the Board’s members.
157+ (iv) At least one of the public sector or private sector members shall 8
158+be a resident of a rural county in the State. 9
169159
170- (13) The Executive Director may not serve as the Secretary, Treasurer, or
171-Chair of the Board.
160+ (5) (i) Five members constitute a quorum for the transaction of 10
161+business of the Board. 11
172162
173- (14) The [State Treasurer] SECRETARY OF PLANNING OR A MEMBER
174-APPOINTED UNDER PARA GRAPH (3)(II) OF THIS SUBSECTION may not serve as the
175-Secretary, Treasurer, or Chair of the Board.
163+ (ii) The affirmative vote of at least five members is necessary for any 12
164+action taken by the Board. 13
176165
177- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
178-1, 2025.
166+ (6) Those members of the Board not already holding a public office shall 14
167+receive from the Service: 15
179168
180-Approved by the Governor, April 8, 2025.
169+ (i) Per diem compensation as established by the Board; and 16
170+
171+ (ii) Reimbursement for expenses under Standard State Travel 17
172+Regulations. 18
173+
174+ (7) The term of a member other than the [State Treasurer] SECRETARY 19
175+OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS 20
176+SUBSECTION, AND THE EXECUTIVE DIRECTOR is 4 years. 21
177+
178+ (8) The terms of members other than the [State Treasurer] SECRETARY 22
179+OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS 23
180+SUBSECTION, AND THE EXECUTIVE DIRECTOR are staggered as required by the terms 24
181+provided for those members of the Board on July 1, 2021. 25
182+
183+ (9) At the end of a term, a member continues to serve until a successor is 26
184+appointed and qualifies. 27
185+
186+ (10) A member who is appointed after a term has begun serves only the 28
187+remainder of that term and until a successor is appointed and qualifies. 29
188+
189+ (11) A member of the Board who is appointed under paragraph (3)(iii) 30
190+through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any 31
191+partial term served before the initial 4–year term. 32
192+ SENATE BILL 315 5
193+
194+
195+ (12) Subject to paragraphs (13) and (14) of this subsection, the Board shall 1
196+select a Chair from among the Board’s members. 2
197+
198+ (13) The Executive Director may not serve as the Secretary, Treasurer, or 3
199+Chair of the Board. 4
200+
201+ (14) The [State Treasurer] SECRETARY OF PLANNING OR A MEMBER 5
202+APPOINTED UNDER PARA GRAPH (3)(II) OF THIS SUBSECTION may not serve as the 6
203+Secretary, Treasurer, or Chair of the Board. 7
204+
205+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
206+1, 2025. 9
207+
208+
209+
210+Approved:
211+________________________________________________________________________________
212+ Governor.
213+________________________________________________________________________________
214+ President of the Senate.
215+________________________________________________________________________________
216+ Speaker of the House of Delegates.