Recent Legislation

Recent legislation listed are for the past 3 legislative sessions and are related to programs with MDE's Land and Materials Administration. A search of all Maryland laws can be done on the Maryland General Assembly's Statutes web page.

2023 Legislative Session

The following are bills passed during the Maryland's 2023 Legislative Session that relate to Land and Materials Administration's programs.

HB0032 and SB0124 - Maryland Food System Resiliency Council. Establishes that the Maryland Food System Resiliency Council is in the Office of Resilience in the Maryland Department of Emergency Management. The bill alters the membership of the Council to include a representative of the seafood industry. Also, the bill alters the process for electing a cochair of the Council and requires the Department to provide staff for the Council. Sections 14-1101 and 14-1102 of the Public Safety Article, Annotated Code of Maryland.

SB0222 and HB0284 – Environment - Reducing Packaging Materials – Producer Responsibility. Requires the Department of the Environment to approve a single producer responsibility organization to represent the interests of producers by October 1, 2023. The bill establishes a producer responsibility advisory council to provide advice and make recommendations regarding establishing and implementing a producer responsibility program in the State for packaging materials. Also, the bill requires the Office of Recycling in the Department to hire an independent contractor to conduct a statewide recycling needs assessment and to submit a report to the Governor and the General Assembly on or before July 30, 2024. Sections 9-1702, 9-1702.2, 9-1707, 9-2501 through 9-2510 of the Environment Article, Annotated Code of Maryland.

HB0253 and SB0262 – Environment – On Farm Composting Facilities- Permit Exemption. Requires the Department of the Environment to adopt regulations to exempt an on-farm composting facility from the requirement to obtain a permit if the on-farm composting facility uses 10,000 square feet of area or less for active food scrap composting, composts only certain materials, records the amount and source of off-site type 2 organics composted and the date and time the off-site type 2 organics arrived on the farm. The bill also requires that the on-farm composting facility retains the records for 5 years, provides records on request, and meets any other condition for a permit exemption; etc. Sections 9-1701 and 9-1725 of the Environment Article, Annotated Code of Maryland.

HB0319 and SB0158 – Pesticides – PFAS Testing -Study. Requires the Department of Agriculture, in consultation with certain State and federal agencies, to study the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in pesticides in the State. The bill requires the Department to report its findings and recommendations to the Governor, the Senate Committee on Education, Energy, and the Environment, and the House Health and Government Operations Committee on or before November 1, 2023

HB0470 and SB0256 - Environment – Fire-Fighting Training – Oriented Strand Board – Prohibition. Prohibits the setting on fire or burning of oriented strand board for certain fire-fighting training. The bill establishes an administrative penalty not exceeding $500 for a first violation of the Act and a civil penalty not exceeding $1,000 for a second or subsequent violation of the Act. Section 6-1701 of the Environment Article, Annotated Code of Maryland.

2022 Legislative Session

The following are bills passed during the Maryland's 2022 Legislative Session that relate to Land and Materials Administration's programs.

HB 649 Ch. 22 - Environment - Discharge Permits - Inspections and Administrative Continuations. Establishing inspection and reporting requirements for certain permit holders; requiring the Department of the Environment maintain on its website a list of certain noncompliant permit holders and provide certain Senators and Delegates with a link to the list by monthly e-mail; establishing administrative penalties for certain permit holders determined to be in significant noncompliance of certain State or federal water quality standards, effluent limitations, or other requirements; etc. Sections 9-328 and 9-328.1 of the Environment Article, Annotated Code of Maryland.

SB 528 Ch. 38 – Climate Solutions Now Act of 2022. Requiring the State to reduce statewide greenhouse gas emissions by altering statewide greenhouse gas emissions goals, establishing of a net-zero statewide greenhouse gas emissions goal, developing certain energy efficiency and emissions reduction requirements for certain buildings, requiring electric companies to increase their annual incremental gross energy savings, establishing certain zero-emission vehicle requirements for the State fleet, and establishing an electric school bus pilot program; etc. Section 2-1901 of the Agriculture Article; Sections 10-801, 10-854, and 10-855 of the Economic Development Article; Section 5-303 of the Education Article; Sections 1-205, 1-701, 1-702, 2-1201, 2-1204.1, 2-1204.2, 2-1205, 2-1206, 2-1210, 2-1303 through 2-1305, 2-1501, 2-1505, 2-1601 through 2-1603 of the Environment Article; Section 4-211 of the Housing and Community Development Article; Section 3-416 of the Labor and Employment Article; Sections 8-1913 through 8-1915, 8-1920, 8-1921, and 8-1923.1 of the Natural Resources Article; Sections 12-501, 12-503, 12-505 of the Public Safety Article; Sections 7-211, 7-217, 7-801 through 7-804 of the Public Utilities Article; Sections 14-418, 4-810, 6-226 of the State Finance and Procurement Article; Section 9-2010 of the State Government Article; and Section 7-237 of the Tax - Property Article; Annotated Code of Maryland.

HB 1110 Ch. 86 – Environment - Lead Poisoning Prevention - Elevated Blood Lead Level. Altering the elevated blood lead level that initiates certain case management, environmental investigation, notification, and lead risk reduction requirements; and requiring the Department of the Environment to study and report on the most effective means of incorporating the Centers for Disease Control and Prevention Blood Lead Reference Value into the State's lead poisoning prevention programs on or before December 31, 2022. Sections 6-304, 6-305, 6-801, 6-819 and 6-846 of the Environment Article, Annotated Code of Maryland.

SB 171 Ch. 93 – Environment - Public Participation Modernization Act. Authorizing the Department of the Environment to hold certain public meetings and hearings regarding certain licensing, permitting, and regulatory responsibilities using teleconference or Internet-based conferencing technology under certain circumstances; requiring that certain hearings regarding sewage sludge permits be held in accordance with provisions of law regarding public participation rather than with the Administrative Procedure Act; etc. Sections 1-601, 1-603, 1-604, 16-307, 2-303, 2-404, 5-204, 7-239, 9-204.2, 9-234, 9-234.1, and 9-324 of the Environment Article, Annotated Code of Maryland.

HB 275 Ch. 138 and SB 273 Ch. 139 – Environment - PFAS Chemicals - Prohibitions and Requirements (George Walter Taylor Act). Prohibiting, on or after January 1, 2024, a person from using, manufacturing, or knowingly selling or distributing Class B fire-fighting foam that contains intentionally added PFAS chemicals in the State; prohibiting, on or after January 1, 2024, a person from manufacturing, selling, or distributing a certain rug or carpet in the State; prohibiting, on or after January 1, 2024, a manufacturer or distributor from manufacturing, selling, or distributing certain food packaging intended for direct food contact in the State; etc. Sections 6-1601 through 6-1605, and 9-1901 through 9-1905 of the Environment Article, Annotated Code of Maryland.

SB 124 Ch. 205 – Public Schools - Grant Program to Reduce and Compost School Waste. Establishing the Grant Program to Reduce and Compost School Waste to award grants to county boards of education and public schools to develop and implement programs for reducing food waste and to establish composting of pre- and post-consumer waste; requiring the Maryland Association for Environmental and Outdoor Education to review grant applications and select recipients to be awarded grants by the State Department of Education; etc. Section 7-129 of the Education Article, Annotated Code of Maryland.

SB 90 Ch. 352 – Department of the Environment - Supplemental Environmental Projects Database. Requiring the Department of the Environment to create and maintain a database of supplemental environmental projects that the Department may consider for implementation as part of a settlement of an enforcement action; and requiring the Department to prioritize the selection of a supplemental environmental project located in the same geographic area as the alleged violation and to ensure that the scope and cost of a chosen project are sufficient to allow the Department and the alleged violator to reach a settlement. Section 1-306 of the Environment Article, Annotated Code of Maryland.

HB 76 Ch. 415 – Community Solar Energy Generating Systems - Exemption From Property Taxes. Exempting certain community solar energy generating systems from personal property taxes; prohibiting the supervisor of a county or a municipal corporation from accepting applications for the exemption after December 31, 2024; and requiring the Department of Assessments and Taxation to report to certain committees of the General Assembly, by October 1 each year, on the number and location of projects that, in the immediately preceding taxable year, have received the exemption. Section 7-237 of the Tax-Property Article, Annotated Code of Maryland.

HB 107 Ch. 664 – Cooperative Housing Corporations, Condominiums, and Homeowners Associations - Reserve Studies - Statewide. Requiring the governing body of certain cooperative housing corporations, condominiums, or homeowners associations to have a reserve study conducted of the common elements of the cooperative housing corporation, condominium, or homeowners association and to update the study every 5 years; imposing certain requirements relating to the annual budget of a cooperative housing corporation, condominium, or homeowners association; etc. Section 5-6B-26.1 of the Corporations and Associations Article; and 11-109, 11-109.2, 11-109.4, 11-110, 11B-106.1, 11B-112.2, 11B-112.3, and 11B-117 of the Real Property Article; Annotated Code of Maryland

HB 133 Ch. 709 and SB 372 Ch. 710 – Environment - Sealant Products - Prohibitions (Safer Sealant Act of 2022). Prohibiting, on or after October 1, 2023, a person from supplying, selling, or offering for sale a high-PAH sealant product for application to a driveway or parking area in the State; prohibiting on or after October 1, 2023, a person from applying or soliciting the application of a high-PAH sealant product to a driveway or parking area in the State; establishing a civil penalty of up to $2,500 for each violation and an administrative penalty of up to $2,500 for each violation, but not exceeding $100,000 total; etc. Sections 9-2401 through 9-2405, and 9-320 of the Environment Article, Annotated Code of Maryland.

HB 1200 Ch. 588 – Environment - Permit Applications - Environmental Justice Screening. Requiring a person applying for a certain permit from the Department of the Environment to include in the application the EJ Score from the Maryland EJ tool for the census tract where the applicant is seeking the permit; requiring the Department, on receiving a certain permit application, to review the EJ Score for the census tract where the applicant is seeking a permit using the Maryland EJ tool to verify the applicant's information; etc. Section 1-101, 1-601.1, and 1-602 of the Environment Article, Annotated Code of Maryland.

HB 174 Ch. 729 – Landlord and Tenant - Repossession for Failure to Pay Rent - Registration of Affected Property. Establishing that information regarding the status of a rental property as an affected property under certain lead-based paint abatement laws may be an issue of fact at trial. Section 8-401 of the Real Property Article, Annotated Code of Maryland.

HB 1039 Ch. 658 and SB 860 Ch. 659 – Property Tax - Community Solar Energy Generating Systems - Agrivoltaics. Exempting certain community solar energy generating systems from personal property taxes; requiring the Department of Assessments and Taxation to assess certain land used by a community solar energy generating system in a certain manner; requiring the governing body of a county or of a municipal corporation to grant a tax credit against the property tax imposed on real property on which a certain community solar energy generating system is installed; establishing a tax credit against the State property tax imposed on certain real property; etc. Sections 7-237, 8-209, and 9-112 of the Tax-Property Article, Annotated Code of Maryland.

2021 Legislative Session

The following are bills passed during the Maryland's 2021 Legislative Session that relate to Land and Materials Administration's programs.

HB 164 Ch. 289 - Department of the Environment - Office of Recycling - Recycling Market Development. Requiring the Office of Recycling in the Department of the Environment to promote the development of markets for recycled materials and recycled products in the State; requiring the Office to evaluate the availability of certain markets and identify businesses in the State that use recycled materials; requiring that the annual Maryland solid waste management and diversion report be submitted to the General Assembly by September 1, 2022, and each year thereafter, and include certain activities; etc. Sections 9-1702 and 9-1702.1 of the Environment Article, Annotated Code of Maryland.

HB 248 Ch. 459 - Condominiums and Homeowners Associations - Rights and Restrictions - Composting. Prohibiting a recorded covenant or restriction, a provision in a declaration, or a provision in the bylaws or rules of a condominium or a homeowners association from prohibiting or unreasonably restricting a unit owner from contracting with a private entity to collect organic waste materials for composting and from prohibiting or unreasonably restricting a lot owner from composting organic waste materials for the lot owner's personal or household use as long as the lot owner owns or has the right to exclusive use of the composting area; etc. Section 9-1701 of the Environment Article, Annotated Code of Maryland; Sections 11-111.4 and 11B-111.8 of the Real Property Article, Annotated Code of Maryland.

HB 264 Ch. 439 and SB 483 Ch. 440 - Solid Waste Management - Organics Recycling and Waste Diversion - Food Residuals. Requiring a certain person that generates food residuals to separate the food residuals from other solid waste and ensure that the food residuals are diverted from final disposal in a refuse disposal system in a certain manner; applying the requirements of the Act to certain persons that generate certain amounts of food residuals; authorizing a person experiencing undue hardship because of the costs of diverting food residuals to apply for a certain waiver; requiring the Department of the Environment to issue a certain warning; etc. Sections 9-201, 9-1701, and 9-1724.1 of the Environment Article, Annotated Code of Maryland.

HB 280 Ch. 631 - Maryland Recycling Act - Recyclable Materials and Resource Recovery Facilities - Alterations. Altering the definition of "recyclable materials" under the Maryland Recycling Act to exclude incinerator ash; and repealing the authority of a county to utilize a resource recovery facility to meet 5% of the waste reduction required to be achieved through recycling in the county's recycling plan. Sections 9-1701 and 9-1703 of the Environment Article, Annotated Code of Maryland.

HB 391 Ch. 610 and SB 716 Ch. 611 - Solid Waste Management – Prohibition on Releasing a Balloon Into the Atmosphere. Prohibiting a person who is at least 13 years old, a corporation, a partnership, an association, a nonprofit entity, the State, or any unit or political subdivision of the State from knowingly and intentionally releasing, or causing to be released, a balloon into the atmosphere; prohibiting a person from organizing or participating in a mass balloon release; requiring a person who violates the Act to perform 6 hours of community service or watch a video on environmental damage or both; establishing a $100 civil penalty; etc. Section 9-2301 of the Environment Article, Annotated Code of Maryland.

HB 399 Ch. 592 - Real Property – Required Notices for Contracts of Sale – Zones of Dewatering Influence. Requiring the Department of the Environment to develop and publish on its website a searchable map of zones of dewatering influence; defining "zones of dewatering influence" as the area around a surface mine in karst terrain; requiring a contract for the sale of real property in Baltimore County, Carroll County, Frederick County, or Washington County include a notice about property located in a certain zone; establishing that a purchaser of real property that does not receive the required notice has a right to rescind a contract; etc. Section 15-813 of the Environment Article, Annotated Code of Maryland; Sections 10-711 and 14-117 of the Real Property Article, Annotated Code of Maryland.

HB 582 Ch. 281 and SB 294 Ch. 282 - Cecil County - Sales and Use Tax Exemption - Federal Facilities Redevelopment Areas. Providing an exemption from the sales and use tax for certain construction material or warehousing equipment purchased for use in a certain federal facilities redevelopment area in Cecil County under certain circumstances; requiring a buyer claiming the exemption to provide to the vendor evidence of eligibility issued by the Comptroller; etc. Section 11-241 of the Tax - General Article, Annotated Code of Maryland.

HB 636 Ch. 237 and SB 546 Ch. 238 - School Buildings - Drinking Water Outlets - Elevated Level of Lead (Safe School Drinking Water Act). Altering the definition of "elevated level of lead" for purposes of certain provisions of law requiring the periodic testing for the presence of lead in drinking water outlets in occupied public and nonpublic school buildings; requiring by August 1, 2022, a school to take certain remedial measures on a drinking water outlet tested on or before June 1, 2021, if the test indicated a concentration of lead that was more than 5 parts per billion but less than 20 parts per billion; etc. Sections 6-1501, 6-1502, and 6-1503 of the Environment Article, Annotated Code of Maryland.

SB 661 Ch. 690 - Environment - Maryland Oil Disaster Containment, Clean-Up and Contingency Fund and Oil Contaminated Site Environmental Cleanup Fund - Funding, Reallocation, Reimbursements, and Study. Altering the basis for calculating a certain license fee credited to the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund and the Oil Contaminated Site Environmental Cleanup Fund; authorizing the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund to be used, in fiscal years 2022 through 2029, to reimburse a certain residential owner of a heating oil tank; extending the date by which a residential owner may apply to the Oil Contaminated Site Environmental Cleanup Fund for reimbursement of certain costs; etc. Sections 4-411, 4-701 and 4-705 of the Environment Article, Annotated Code of Maryland.

Please contact the Land and Materials Administration by email or phone at 410-537-3314, if you have any questions.