WES MOORE, Governor Ch. 47
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Chapter 47
(Senate Bill 315)
AN ACT concerning
Maryland Environmental Service – Membership of Board of Directors –
Alterations
FOR the purpose of altering the composition of the Board of Directors of the Maryland
Environmental Service by replacing the State Treasurer with the Secretary of
Planning or the Secretary’s designee; providing that certain provisions of law
relating to terms of members of the Board do not apply to the Secretary of Planning,
certain legislative members, and the Executive Director; and generally relating to the
membership of the Board of Directors of the Maryland Environmental Service.
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 3–103(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 3–103(b)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
3–103.
(a) (1) There is a body politic and corporate known as the “Maryland
Environmental Service”.
(2) The Service is an instrumentality of the State and a public corporation
by that name, style, and title, and the exercise by the Service of the powers conferred by
this subtitle is the performance of an essential governmental function of the State.
(b) (1) There are four officers of the Service:
(i) An Executive Director;
(ii) A Deputy Director; Ch. 47 2025 LAWS OF MARYLAND
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(iii) A Secretary; and
(iv) A Treasurer.
(2) (i) The four officers of the Service shall be appointed in accordance
with this paragraph.
(ii) 1. The Executive Director shall be appointed by the
Governor, with the advice and consent of the Senate solely with regard to the qualifications
for the duties of the office.
2. The Executive Director serves at the pleasure of the Board
with the concurrence of the Governor and shall receive such compensation as may be
determined by the Board.
(iii) 1. The Deputy Director shall be appointed by the Executive
Director with the approval of the Governor solely with regard to the qualifications for the
duties of the office.
2. The Deputy Director serves at the pleasure of the
Executive Director and shall receive such compensation as may be determined by the
Board.
(iv) 1. The Secretary and the Treasurer shall be selected by the
Board from among the Board’s members.
2. The Secretary and the Treasurer serve at the pleasure of
the Board and shall receive such compensation as may be reasonably determined by the
Board.
(3) The Board of Directors of the Service shall consist of the following
members:
(i) The Executive Director, who shall serve as a nonvoting member;
(ii) THE FOLLOWING TWO MEM BERS, WHO SHALL EACH SERVE
AS A NONVOTING MEMBE R:
1. ONE MEMBER OF THE SENATE OF MARYLAND,
APPOINTED BY THE PRESIDENT OF THE SENATE; AND
2. ONE MEMBER OF THE HOUSE OF DELEGATES,
APPOINTED BY THE SPEAKER OF THE HOUSE;
WES MOORE, Governor Ch. 47
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(III) The [State Treasurer] SECRETARY OF PLANNING, or the
[State Treasurer’s] SECRETARY’S designee;
(iii) (IV) Three members from the public sector in the State in
positions responsible for environmental, water, wastewater, or solid waste management;
(iv) (V) One member from the private sector in the State with
technical, financial, development, or legal experience related to environmental, water,
wastewater, or solid waste management;
(v) (VI) One member from the private sector in the State with
financial experience related to environmental, water, wastewater, or solid waste
management; and
(vi) (VII) One member from the private sector in the State with
experience or expertise in matters related to business ethics, preferably involving board of
director ethics and conflicts of interest.
(4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the
public sector and private sector members of the Board, as set forth in paragraph (3)(iii)
through (vi) (3)(IV) THROUGH (VII) of this subsection shall be appointed by the Governor
with the advice and consent of the Senate.
(ii) The Governor shall select at least one of the public sector
members of the Board from a list of recommendations jointly compiled by the Maryland
Association of Counties and the Maryland Municipal League.
(iii) The Governor may not appoint an employee of the Service to the
Board.
(iv) At least one of the public sector or private sector members shall
be a resident of a rural county in the State.
(5) (i) Five members constitute a quorum for the transaction of
business of the Board.
(ii) The affirmative vote of at least five members is necessary for any
action taken by the Board.
(6) Those members of the Board not already holding a public office shall
receive from the Service:
(i) Per diem compensation as established by the Board; and
(ii) Reimbursement for expenses under Standard State Travel
Regulations. Ch. 47 2025 LAWS OF MARYLAND
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(7) The term of a member other than the [State Treasurer] SECRETARY
OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS
SUBSECTION, AND THE EXECUTIVE DIRECTOR is 4 years.
(8) The terms of members other than the [State Treasurer] SECRETARY
OF PLANNING, A MEMBER APPOINTED U NDER PARAGRAPH (3)(II) OF THIS
SUBSECTION, AND THE EXECUTIVE DIRECTOR are staggered as required by the terms
provided for those members of the Board on July 1, 2021.
(9) At the end of a term, a member continues to serve until a successor is
appointed and qualifies.
(10) A member who is appointed after a term has begun serves only the
remainder of that term and until a successor is appointed and qualifies.
(11) A member of the Board who is appointed under paragraph (3)(iii)
through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any
partial term served before the initial 4–year term.
(12) Subject to paragraphs (13) and (14) of this subsection, the Board shall
select a Chair from among the Board’s members.
(13) The Executive Director may not serve as the Secretary, Treasurer, or
Chair of the Board.
(14) The [State Treasurer] SECRETARY OF PLANNING OR A MEMBER
APPOINTED UNDER PARA GRAPH (3)(II) OF THIS SUBSECTION may not serve as the
Secretary, Treasurer, or Chair of the Board.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2025.
Approved by the Governor, April 8, 2025.