MarylandSB 02502025 Regular SessionSenateWALLET

Department of the Environment - Fees, Penalties, Funding, and Regulation

Sponsored By: Sponsor information unavailable

Signed by Governor

EnvironmentAdministrative AgenciesAir PollutionAssessments and Taxation, Department ofAttorneys' FeesAttorney GeneralBoats and ShipsBudgets -see also- Capital BudgetsCertificationsCivil Actions -see also- Small ClaimsClassifications and DesignationsCoalComptrollerConstructionConsumer Price IndexEmergencies -see also- PandemicsEnvironment, Department of theEnvironmental Matters -see also- Conserv; Nat Resrce; PollutFees -see also- Attys' Fees; Devt Fees & TaxesFormsFuel -see also- CoalHousing and Community Development, Department ofHousing -see also- Apartments; Condos; Mobile & Manuf HomesInspections -see also- Motor Vehicle InspectionInterestJob Training -see also- Continuing Ed; Vocational RehabLeases and RentLicenses -see also- AB Lic; Certifications; DrLic; PermitsLiensLoans -see also- Credit; Mortgages; Scholarships&SFAMiningNatural Resources -see also- Coal; For&Pks; Rivers; etc.NoticesOpen GovernmentPenalties and Sentences -see also- Death PenaltyPermits -see also- Building PermitsReal PropertyReclamationRefuse Disposal -see also- RecyclingRegistration -see also- Motor Vehicle RegistrationRevenue and Taxes -see also- (specific tax)Rules and RegulationsSafety -see also- Occupational SafetySewageShore ErosionStorageTimeTreasurersWaiversWater -see also- Coastal Bays; Riv,Str,Lks; Wastewater; etc.Water PollutionWells -see also- Hydraulic Fracturing; WaterWetlands

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 3 benefits, 7 costs, 2 mixed.

New fund helps repair private dams

The law creates the Private Dam Repair Fund, administered by the Maryland Water Infrastructure Financing Administration. It supports Department-directed repairs, upgrades, and removals of private dams, plus Department emergency work and related administrative costs. Money can come from dam fees, loan repayments, penalties, state funding, and interest. Interest stays in the fund, and spending must follow the state budget. The law sets no individual award amount.

Dam owners face new yearly fees

Beginning January 1, 2027, covered dam owners must register annually and pay $200 for low hazard, $500 for significant hazard, or $1,000 for high hazard. Federal dams and specified permit-exempt facilities are excluded; hardship waivers must give priority to individual homeowners. The Department must notify owners of inventoried dams by October 1, 2025, and again by October 1, 2026. Covered dam safety permit applicants must report estimated construction costs and pay a fee before permit approval, capped at 3% of those costs. Permit-exempt facilities do not owe that fee, and both fees support the Private Dam Repair Fund.

Dam owners must repay state work

The Department can arrange required dam work when an owner misses the deadline in its notice. It can also act when statutory emergency conditions involving imminent danger or dam failure and inadequate owner action exist. Owners must repay the Department's costs; demanded amounts unpaid for 30 days can become property liens. When an association owns the dam, members may each be responsible for the full debt. Liens may also reach nearby property or property that benefits from the dam.

New fees for wells and sewage

The Department can charge up to $575 for covered on-site sewage disposal or individual well construction permits it issues. A licensed environmental health specialist must review and approve the permit. The Department sets fees by regulation, with Washington-area inflation adjustments capped at 3% annually. Collections go to the Maryland Clean Water Fund. That fund can also receive other legally authorized fees; this funding rule creates no additional fee.

Dam repair loans carry repayment duties

Beginning July 1, 2028, owners of private dams deemed unsafe can apply for repair or removal loans. Award rules may require an approved emergency plan, an inspection documenting problems within 24 months, repair efforts, and ability to repay. Loans cover reasonable, necessary costs unpaid by other sources; combined funding can cover up to 100% of project costs. Repayment can last up to 20 years at market or lower rates, and owners unable to repay may receive partial forgiveness. Full repayment is due when the property is sold or transferred, and default can lead to a property lien.

Clean air money stays dedicated

Money deposited in the Maryland Clean Air Fund stays there instead of going to the General Fund. The law removes the old rule sending deposits above the $2 million fund limit to the General Fund. The Department can use the fund to identify, monitor, reduce, and regulate air pollution. Spending still requires approval through the annual state budget.

Wetlands funding targets protection and delays

The Wetlands and Waterways Program Fund can support management and protection of Maryland's wetlands and waterways. This includes Tier II high-quality waters and watersheds. The Department must prioritize better service for permit applicants and take steps to reduce processing delays and repeated work. The law specifies no new funding amount.

Water-use violators face higher penalties

The maximum civil penalty for covered water appropriation and use violations rises from $5,000 to $10,000 per violation. This includes violations of related regulations, orders, or permits. Each day a violation occurs or continues counts separately.

Higher air permit fee ceiling

The maximum air permit fee rises from $50 to $200 per ton of regulated emissions. Carbon dioxide does not count toward this calculation. Washington-area inflation adjustments are allowed, with annual increases capped at 3%. The charge applies to regulated emission sources, not directly to households.

Higher wetlands and waterways permit fees

Covered application fees rise to $980 for minor projects or general permits, $330 for minor modifications, and $1,950 for major modifications. Major-project fees depend on permanent impact area: under ¼ acre, $1,950; ¼ to under ½ acre, $3,890; ½ to under ¾ acre, $5,830; ¾ to under 1 acre, $7,780; and 1 acre or more, $9,720 per acre. Selected minor-project fees are $385, $390, or $650, while shoreline stabilization on or beside a state-owned lake has a $290 cap. Nonexempt projects in Tier II high-quality watersheds also pay $400 for minor projects or modifications, or $1,600 for major projects or modifications. The Department can adjust specified fees using the annual Consumer Price Index for All Urban Consumers, with at least 90 days' public notice.

Stored coal waste affects generator fees

The Department must consider stored coal waste volume when setting fees for generators of coal combustion by-products. This covers waste remaining in Maryland landfills or other storage units subject to inspection and monitoring. Waste used in cement, mine reclamation, or other Department-approved beneficial uses is excluded from this factor. The law sets no fee amount or formula.

Oil transfer fees fall in 2030

Licensed owners pay 9 cents per barrel when oil is first transferred into Maryland, before July 1, 2030. Beginning July 1, 2030, the rate drops to 5 cents per barrel. The former rate before July 1, 2024, was 7.75 cents. The fee applies only once and supports the Maryland Oil Disaster Containment, Clean-Up and Contingency Fund.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 146 • No: 85

House vote • 4/7/2025

Third Reading Passed

Yes: 96 • No: 44 • Other: 1

Senate vote • 3/17/2025

Floor Amendment {403029/1 (Senator Ready) Rejected

Yes: 17 • No: 27 • Other: 1