Bill Positions

Bill Number: HB 259

Bill Title: Environmental Health Monitoring and Testing - Reimbursement of Costs

Bill Sponsor(s): Delegates King, Love, Kipke, and Schuh

Subject: Environment & Energy

Committee: EHE

Bill Summary: HB 259 as introduced would have authorized the Department of Environment to factor the cost of county environmental monitoring when assessing a penalty and required the state to reimburse counties for environmental monitoring related to a violation. The Chamber took no position as we decided this was an agency issue and we were told that MDE would oppose it. The bill as amended requires persons responsible for violations of certain provisions of the Environment Article to reimburse the MDE or a county for costs incurred in conducting certain testing related to the release of a hazardous substance, discharge of oil, or discharge of a pollutant to the waters of the State. A county may recover costs through filing a civil action against a responsible person, or may request MDE recover costs on behalf of the county. A person may not be required to reimburse a county if the person has entered into a consent order with the department. Finally, reimbursement to a county is not allowed if the environmental health monitoring or testing by the county is duplicative of activities conducted by the State, or was not reasonably necessary to protect human health and the environment.

History: This bill was enacted as Chapter 665.

Chamber Position: Oppose

Position Summary: The Maryland Chamber opposed this bill as amended because this authority could be costly for business since there is great potential that the State and counties will be overly aggressive in monitoring since the authority relieves them of any necessity to consider cost.

Position Statement: Coming Soon

Chamber Staff: Allyson Black

General Assembly: Click here to view the bill on the Maryland General Assembly's website.