EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb0966*
SENATE BILL 966
M3, Q2 5lr0910
By: Howard County Senators
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment and Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Howard County – Ambient Air Quality Control – Permit Applications, Permit 2
Holders, and Property Tax Credit 3
Ho. Co. 6–25 4
FOR the purpose of requiring the Department of the Environment to provide for an 5
informational meeting on certain applications for certain permits to engage in 6
activities located in Howard County; requiring Howard County, if a certain request 7
is made, to hold a public meeting before verifying that a certain proposal or source 8
satisfies zoning and land use requirements; requiring certain holders of a permit to 9
engage in certain activities in Howard County to provide annual emissions reports 10
to certain community associations; authorizing the governing body of Howard 11
County to grant, by law, a property tax credit against the county property tax 12
imposed on owner–occupied residential real property that is located within a certain 13
distance of a site for which certain permits or registrations have been issued; and 14
generally relating to ambient air quality control in Howard County. 15
BY repealing and reenacting, with amendments, 16
Article – Environment 17
Section 1–603 and 2–404 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2024 Supplement) 20
BY adding to 21
Article – Environment 22
Section 2–407 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2024 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Tax – Property 27 2 SENATE BILL 966
Section 9–315(a)(5) and (6) and (b) 1
Annotated Code of Maryland 2
(2019 Replacement Volume and 2024 Supplement) 3
BY adding to 4
Article – Tax – Property 5
Section 9–315(a)(7) 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2024 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSE MBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Environment 11
1–603. 12
(a) The Department shall cause to be published notice of applications for permits. 13
(b) The Department shall assure that applications for permits shall be available 14
to the public for inspection and copying. 15
(c) (1) (I) [Upon] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 16
SUBSECTION, ON written request made within 10 working days after publication of a 17
notice of application, or in its own discretion, the Department shall provide an opportunity 18
for an informational meeting with respect to the application. 19
[(2)] (II) The informational meeting may be canceled if all persons who 20
made timely written requests withdraw the requests prior to the meeting. 21
(2) (I) IF AN APPLICATION IS FOR AN AIR QUALITY CONTRO L 22
PERMIT UNDER § 2–404 OF THIS ARTICLE FOR AN ACTIVITY LOCATED IN HOWARD 23
COUNTY, THE DEPARTMENT SHALL PROV IDE FOR AN INFORMATI ONAL MEETING 24
WITH RESPECT TO THE APPLICATION. 25
(II) THE INFORMATIONAL MEE TING MAY BE CANCELED IF THE 26
MEMBER S OF THE HOWARD COUNTY DELEGATION TO THE GENERAL ASSEMBLY 27
REQUEST THAT THE INF ORMATIONAL MEETING N OT BE HELD. 28
(3) Unless the notice of application contained a notice of the informational 29
meeting, the Department shall publish notice of the informational meeting. 30
(d) (1) The Department may require the applicant to attend an informational 31
meeting or public hearing and present information concerning the application. 32
SENATE BILL 966 3
(2) If the applicant fails to appear and present information after a request 1
from the Department, the application may be denied. 2
2–404. 3
(a) This section applies to the following activities: 4
(1) Construction of a new source; 5
(2) Replacement of components of an existing permitted source, if the fixed 6
capital cost of the replacement components exceeds one–half of the fixed capital cost that 7
would be required to construct a new source comparable in process to the existing source; 8
and 9
(3) Modification of an existing permitted source by making a physical or 10
operational change to the source that will result in a significant net increase in emissions 11
of any pollutant from that source. 12
(b) (1) [Before] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 13
BEFORE accepting an application for a permit subject to subsection (c) of this section, the 14
Department shall require the applicant to submit documentation: 15
(i) That demonstrates that the proposal has been approved by the 16
local jurisdiction for all zoning and land use requirements; or 17
(ii) That the source meets all applicable zoning and land use 18
requirements. 19
(2) Paragraph (1) of this subsection does not apply to any application for a 20
permit to construct at an existing source unless the existing source is a nonconforming use. 21
(3) IF THE DEPARTMENT OR AN APPL ICANT REQUESTS THAT 22
HOWARD COUNTY PROVIDE DOCUME NTATION OR VERIFICAT ION THAT A PROPOSAL 23
OR SOURCE SATISFIES ALL ZONING AND LAND USE REQUIREMENTS , BEFORE 24
PROVIDING THE DOCUME NTATION OR VERIFICAT ION, THE COUNTY SHALL 25
PUBLICIZE AND HOLD A PUBLIC MEETING WHERE INTERESTED PAR TIES AND 26
CITIZENS HAVE THE OP PORTUNITY TO PROVIDE TESTIMONY. 27
(c) The Department shall comply with the provisions in subsection (d) of this 28
section before issuing a permit for the activities listed in subsection (a) of this section at: 29
(1) Any source which is required to obtain a permit to operate under 30
regulations adopted under this subtitle; 31
4 SENATE BILL 966
(2) Any source which is subject to federal standards under 40 C.F.R. Part 1
61 (National Emission Standards for Hazardous Air Pollutants) or 40 C.F.R. 52.21 2
(Prevention of Significant Deterioration); or 3
(3) Any source that will, after control, discharge 25 tons or more per year 4
of a pollutant regulated under this title in the areas of Baltimore City designated by the 5
United States Post Office as zip code numbers 21225, 21226, and 21230. 6
(d) (1) On receipt of an application for a permit subject to subsection (c) of this 7
section, the Department shall give notice immediately or require the applicant to give 8
notice immediately of the application to: 9
(i) The governing body of each county or municipal corporation in 10
which any portion of the source is located or is proposed to be located; 11
(ii) The governing body of each county or municipal corporation 12
within one mile of the property line of the source or the proposed location of the source; 13
(iii) Each member of the General Assembly representing any part of 14
a county in which any portion of the source is located or proposed to be located; and 15
(iv) Each member of the General Assembly representing any part of 16
each county within one mile of the property line of the source or the proposed location of 17
the source. 18
(2) In addition to the requirements under paragraph (1) of this subsection, 19
before issuing a permit subject to subsection (c) of this section, the Department shall: 20
(i) Comply with the provisions of Title 1, Subtitle 6 of this article; 21
and 22
(ii) Conduct any public hearing required by Title 1, Subtitle 6 of this 23
article. 24
(3) In addition to the requirements under paragraphs (1) and (2) of this 25
subsection, before issuing a permit to construct a source described in subsection (c)(3) of 26
this section, the Department shall require at the expense of the applicant the preparation 27
of an ambient air quality impact analysis regarding the proposed construction. 28
(e) Before issuing a permit for the activities listed in subsection (a) of this section 29
at any source which is subject to federal standards under 40 C.F.R. Part 60 (New Source 30
Performance Standards), the Department shall: 31
(1) Comply with the provisions of subsection (d) of this section; or 32
(2) (i) Electronically post a notice of an application for the permit on 33
the Department’s website in accordance with § 1–602(b)(1) of this article; 34 SENATE BILL 966 5
(ii) Give notice to the chief executive of any county or municipal 1
corporation in which any portion of the source is located or is proposed to be located; and 2
(iii) Receive comments from the public on the permit application. 3
(f) The provisions of this section do not apply to any permit to construct control 4
equipment on an existing source or to any permit to operate. 5
2–407. 6
(A) THIS SECTION APPLIES TO THE HOLDER OF A P ERMIT AUTHORIZED 7
UNDER THIS SUBTITLE THAT AUTHORIZES ACTIVITIES LOCATED I N HOWARD 8
COUNTY. 9
(B) IF THE HOLDER OF THE PERMIT IS ENGAGED IN AN ACTIVITY 10
AUTHORIZED BY THE PE RMIT WITHIN 1 MILE OF A PROPERTY THAT IS ZONED FOR 11
RESIDENTIAL USE AND THE HOLDER OF THE PE RMIT PREVIOUSLY OWNE D THE 12
PROPERTY, THE HOLDER OF THE PE RMIT SHALL PROVIDE A NNUAL EMISSIONS 13
REPORTS TO ANY COMMU NITY ASSOCIATIONS TH AT REPRESENT THE OWNERS OF 14
THE PROPERTY. 15
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16
as follows: 17
Article – Tax – Property 18
9–315. 19
(a) The governing body of Howard County may grant, by law, a property tax credit 20
under this section against the county property tax imposed on: 21
(5) subject to subsection (b) of this section, owner–occupied residential real 22
property that is jointly owned by an individual and the Howard County Housing 23
Commission; [and] 24
(6) subject to subsection (b) of this section, residential or commercial real 25
property that has suffered damage caused by a natural disaster; AND 26
(7) SUBJECT TO SUBSECTIO N (B) OF THIS SECTION , 27
OWNER–OCCUPIED RESIDENTIAL REAL PROPERTY THAT I S LOCATED WITHIN 28
ONE–HALF MILE OF A SITE FOR WHICH A PERMIT OR REGISTRA TION REQUIRED 29
UNDER § 2–401 OR § 2–404 OF THE ENVIRONMENT ARTICLE HAS BEEN ISSU ED. 30
6 SENATE BILL 966
(b) In establishing a tax credit under subsection (a)(3) through [(6)] (7) of this 1
section, the governing body of Howard County: 2
(1) shall develop criteria necessary to implement the credit; 3
(2) shall designate an agency to administer the credit; and 4
(3) may specify: 5
(i) the amount and duration of the credit; 6
(ii) the qualifications and application procedures for the credit; and 7
(iii) any other requirement or procedure for the granting or 8
administration of the credit that the governing body considers appropriate. 9
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before January 1, 2026, 10
the Howard County Executive and County Council of Howard County shall report to the 11
members of the Howard County Delegation to the General Assembly, in accordance with § 12
2–1257 of the State Government Article, on: 13
(1) the county’s authority to adopt ambient air quality standards that are 14
more restrictive than the standards set under State law or by the Department of the 15
Environment; and 16
(2) a plan on how the county could implement ambient air quality 17
standards that are more restrictive than the standards set under State law or by the 18
Department of the Environment. 19
SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 20
effect October 1, 2025. 21
SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall be 22
applicable to all taxable years beginning after June 30, 2025. 23
SECTION 6. AND BE IT FURTHER ENACTED, That , except as provided in Section 24
4 of this Act, this Act shall take effect June 1, 2025. 25