Maryland HB 1101: Standing - Environmental and Natural Resources Protection Proceedings (Clean Water Justice Act of 2024)

Bill Text

WES MOORE, Governor Ch. 535

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Chapter 535
(House Bill 1101)

AN ACT concerning

Standing – Environmental and Natural Resources Protection Proceedings
(Clean Water Justice Act of 2024)

FOR the purpose of providing certain persons and associations standing in certain
environmental and natural resources protection proceedings, including proceedings
arising under provisions of law relating to water quality and water resources
protection, subject to certain conditions; authorizing certain persons that meet
certain standing requirements to bring certain civil actions under certain
circumstances; requiring a plaintiff, under certain circumstances, to give certain
notice and provide certain documentation to the Department of the Environment and
the Attorney General in a certain manner and to file a certain affidavit; authorizing
a court to grant certain relief, award certain costs of litigation, and impose certain
civil penalties in certain civil actions under certain circumstances; authorizing
certain persons that meet certain standing requirements to intervene in certain
proceedings under certain circumstances; and generally relating to standing in
certain environmental and natural resources protection proceedings.

BY adding to
Article – Environment
Section 1–901 through 1–905 1–904 to be under the new subtitle “Subtitle 9. Clean
Water Justice Act”
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)

BY repealing
Article – Environment
Section 9–344.1
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

Article – Environment

SUBTITLE 9. CLEAN WATER JUSTICE ACT.

1–901.

Ch. 535 2024 LAWS OF MARYLAND

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(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B) “ASSOCIATION” MEANS AN ASSOCIATION, A CORPORATION, OR ANY
OTHER ORGANIZATION THAT CONSISTS OF TWO OR MORE MEMBERS JOINED BY
MUTUAL CONSENT FOR A COMMON PURPOSE.

(C) (B) “COSTS OF LITIGATION” INCLUDES REASONABLE ATTORNEY’S
FEES, COURT COSTS, AND EXPERT WITNESS FEES, AND DOCUMENTED COSTS
INCURRED IN INVESTIGATING ALLEGED VIOLATIONS.

(D) (1) “INJURY IN FACT” MEANS AN INVASION OF A LEGALLY
PROTECTED INTEREST THAT IS:

(I) CONCRETE AND PARTICULARIZED;

(II) ACTUAL OR IMMINENT; AND

(III) NOT CONJECTURAL OR HYPOTHETICAL.

(2) “INJURY IN FACT” INCLUDES:

(I) A PROPERTY RIGHT OR PERSONAL INTEREST THAT IS
DISTINCT FROM, OR SPECIFICALLY AFFECTED IN A WAY THAT IS DISTINCT FROM, A
PROPERTY RIGHT OR PERSONAL INTEREST OF THE GENERAL PUBLIC; AND

(II) A NEGATIVE IMPACT, OR THE THREAT OF A NEGATIVE
IMPACT, TO A PERSON’S HEALTH OR TO THE USE AND ENJOYMENT OF A NATURAL
RESOURCE OR ENVIRONMENT, INCLUDING A NEGATIVE IMPACT TO AESTHETIC,
RECREATIONAL, CONSERVATIONAL, AND ECONOMIC INTERESTS THAT MAY BE
SHARED AMONG COMMUNITY MEMBERS.

(C) “EPHEMERAL STREAM” MEANS A BODY OF WATER WITH:

(1) A STREAM BED LOCATED ABOVE THE WATER TABLE YEAR–ROUND;

(2) A STREAM FLOW PRIMARILY SOURCED FROM RAINFALL RUNOFF;
AND

(3) FLOWING WATER ONLY DURING, AND FOR A SHORT DURATION
AFTER, PRECIPITATION EVENTS IN A TYPICAL YEAR.

(D) “INTERMITTENT STREAM” MEANS A BODY OF WATER WITH:

WES MOORE, Governor Ch. 535

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(1) FLOWING WATER DURING CERTAIN TIMES OF THE YEAR, WHEN
GROUNDWATER PROVIDES WATER FOR STREAM FLOW; AND

(2) A STREAM FLOW SUPPLEMENTED BY RUNOFF FROM RAINFALL.

(E) “PERSON” MEANS AN INDIVIDUAL, RECEIVER, TRUSTEE, GUARDIAN,
PERSONAL REPRESENTATIVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND AND
ANY PARTNERSHIP, FIRM, ASSOCIATION, CORPORATION, OR OTHER
NONGOVERNMENTAL ENTITY.

(F) “POLITICAL SUBDIVISION” MEANS:

(1) A COUNTY;

(2) THE CITY OF BALTIMORE;

(3) A MULTICOUNTY AGENCY;

(4) A MUNICIPAL CORPORATION;

(5) A SINGLE–PURPOSE DISTRICT; OR

(6) A SOIL CONSERVATION OR SANITARY DISTRICT.

(F) “SECRETARY” MEANS THE SECRETARY OF ANY STATE AGENCY,
APPOINTED BY THE GOVERNOR.

(G) (F) (G) “STANDARD” MEANS ANY REQUIREMENT, PROHIBITION,
LIMITATION, OR CONDITION ESTABLISHED BY STATUTE, REGULATION, PERMIT,
ORDER, OR LICENSE ISSUED BY A SECRETARY THE SECRETARY OR ANY OTHER
OFFICE OR AGENCY OF THE STATE, A LOCAL GOVERNMENT, OR A POLITICAL
SUBDIVISION IN ACCORDANCE WITH:

(1) TITLE 4, TITLE 5, SUBTITLE 9 OF THIS ARTICLE, IF THE
REQUIREMENT, PROHIBITION, LIMITATION, OR CONDITION IS RELATED TO
NONTIDAL WETLANDS THAT DO NOT HAVE A CONTINUOUS SURFACE CONNECTION TO
SURFACE WATER; OR

(2) TITLE 9, SUBTITLE 3 OR TITLE 16 OF THIS ARTICLE, IF THE
REQUIREMENT, PROHIBITION, LIMITATION, OR CONDITION IS HYDROLOGICALLY
CONNECTED RELATED TO:

(I) AN EPHEMERAL STREAM; OR

Ch. 535 2024 LAWS OF MARYLAND

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(II) AN INTERMITTENT STREAM.

1–902.

(A) (1) SUBJECT TO PARAGRAPH (2) OF EXCEPT AS PROVIDED IN THIS
SUBSECTION SUBTITLE, A PERSON THAT MEETS THE THRESHOLD STANDING
REQUIREMENTS UNDER FEDERAL LAW HAS STANDING IN CIVIL CLAIMS ARISING
UNDER ANY STANDARD TITLE 4, TITLE 5, TITLE 9, OR TITLE 16 OF THIS ARTICLE OR
TITLE 1, SUBTITLE 3, TITLE