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HB0395 • 2026

Water Pollution Control - Discharge Permits - Animal Feeding Operations

Water Pollution Control - Discharge Permits - Animal Feeding Operations

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Delegates Boyce , Adams , Arentz , Beauchamp , Ghrist , Griffith , Hartman , Hornberger , Hutchinson , Jacobs , Reilly , Sample-Hughes , Ziegler , Anderson , Grammer , Holmes , Nawrocki , Odom , and Stein
Last action
2026-04-28
Official status
Approved by the Governor - Chapter 254
Effective date
Upon Enact

Plain English Breakdown

The official source material does not provide details on how the new approval process will be established or enforced by the Department of the Environment.

Water Pollution Control - Animal Feeding Operations

This law changes requirements for permits needed to build new animal feeding operations by removing certain permit requirements and allowing administrative extensions.

What This Bill Does

  • Repeals the requirement that a person needs a CAFO general discharge permit before starting construction on any part of a new CAFO.
  • Allows the Department of the Environment to authorize construction under an approval process if the general discharge permit for animal feeding operations is administratively extended.

Who It Names or Affects

  • People who want to build or expand concentrated animal feeding operations (CAFOs).
  • The Department of the Environment which issues permits for these operations.

Terms To Know

Concentrated Animal Feeding Operation (CAFO)
A facility where animals are raised in high numbers and density, often requiring special environmental permits due to potential pollution risks.
Discharge Permit
A permit issued by the government that allows a business or individual to release certain pollutants into waterways under specific conditions.

Limits and Unknowns

  • The law does not specify how the Department of the Environment will establish and enforce the new approval process.
  • It is unclear what happens if someone violates the requirements set by this act.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

173128/1

None

Favorable with Amendments { 173128/1 Adopted

Plain English: AMENDMENTS TO HOUSE BILL 395 (First Reading File Bill) AMENDMENT NO.

  • AMENDMENTS TO HOUSE BILL 395 (First Reading File Bill) AMENDMENT NO.
  • 1 On page 1, in the sponsor line, strike “ and Ziegler” and substitute “Ziegler, Anderson, Grammer, Holmes , Nawrocki, Odom, and Stein”; in line 2, strike “Concentrated”; in line 4, strike “requirement that” and substitute “certain provision of law requiring”; in the same line, after “person” insert “to”; in line 6, after the semicolon insert “authorizing the Department, under certain circumstances, to authorize a person to begin construction on any part of a new animal feeding operation under a certain approval process established by the Department;”; and in line 8, strike “concentrated”.
  • AMENDMENT NO.
  • 2 On page 1, in line 18, strike “A” and substitute “ EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A”; and in line 22, strike “(1)”.

Bill History

  1. 2026-04-28 Post Passage

    Approved by the Governor - Chapter 254

  2. 2026-04-02 Senate

    Favorable Report by Education, Energy, and the Environment

  3. 2026-03-22 House

    Returned Passed

  4. 2026-03-19 Senate

    Third Reading Passed (43-0)

  5. 2026-03-16 Senate

    Favorable Adopted Second Reading Passed

  6. 2026-03-02 House

    Favorable with Amendments Report by Environment and Transportation

  7. 2026-02-23 House

    Third Reading Passed (126-0)

  8. 2026-02-22 House

    Favorable with Amendments { 173128/1 Adopted

  9. 2026-02-22 House

    Second Reading Passed with Amendments

  10. 2026-02-22 Senate

    Referred Education, Energy, and the Environment

  11. 2026-01-28 House

    Hearing 2/11 at 1:00 p.m.

  12. 2026-01-22 House

    First Reading Environment and Transportation

  13. Maryland General Assembly

    Text - First - Water Pollution Control - Discharge Permits - Concentrated Animal Feeding Operations

  14. Maryland General Assembly

    Vote - House - Committee - Environment and Transportation

  15. Maryland General Assembly

    Text - Third - Water Pollution Control - Discharge Permits - Concentrated Animal Feeding Operations

  16. Maryland General Assembly

    Vote - Senate - Committee - Education, Energy, and the Environment

  17. Maryland General Assembly

    Text - Chapter - Water Pollution Control - Discharge Permits - Concentrated Animal Feeding Operations

Official Summary Text

Repealing certain provisions of law requiring a person to hold a concentrated animal feeding operation (CAFO) general discharge permit issued by the Department of the Environment before the person may begin construction on any part of a new CAFO; and authorizing the Department, under certain circumstances, to authorize a person to begin construction on any part of a new animal feeding operation under a certain approval process established by the Department.

Current Bill Text

Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0395*

HOUSE BILL 395
M3, M4 EMERGENCY BILL 6lr1920
CF SB 371
By: Delegates Boyce, Adams, Arentz, Beauchamp, Ghrist, Griffith, Hartman,
Hornberger, Hutchinson, Jacobs, Reilly, Sample –Hughes, and Ziegler
Ziegler, Anderson, Grammer, Holmes, Nawrocki, Odom, and Stein
Introduced and read first time: January 22, 2026
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 22, 2026

CHAPTER ______

AN ACT concerning 1

Water Pollution Control – Discharge Permits – Concentrated Animal Feeding 2
Operations 3

FOR the purpose of repealing a requirement that certain provision of law requiring a person 4
to hold a concentrated animal feeding operation (CAFO ) general discharge permit 5
issued by the Department of the Environment before the person may begin 6
construction on any part of a new CAFO; authorizing the Department, under certain 7
circumstances, to authorize a person to begin construction on any part of a new 8
animal feeding operation under a certain approval process established by the 9
Department; and generally relating to the discharge of pollutants into the waters of 10
the State and concentrated animal feeding operations. 11

BY repealing and reenacting, with amendments, 12
Article – Environment 13
Section 9–323 14
Annotated Code of Maryland 15
(2014 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Environment 19

2 HOUSE BILL 395

9–323. 1

(a) [(1)] A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 2
A person shall hold a discharge permit issued by the Department before the person may 3
construct, install, modify, extend, alter, or operate any of the following if its operation could 4
cause or increase the discharge of pollutants into the waters of this State: 5

[(i)] (1) An industrial, commercial, or recreational facility or 6
disposal system; 7

[(ii)] (2) A State–owned treatment facility; or 8

[(iii)] (3) Any other outlet or establishment. 9

[(2) A person shall hold a CAFO Discharge permit issued by the 10
Department before the person may begin construction on any part of a new CAFO.] 11

(2) IF THE GENERAL DISCHA RGE PERMIT FOR ANIMA L FEEDING 12
OPERATIONS IS ADMINI STRATIVELY EXTENDED BY THE DEPARTMENT, THE 13
DEPARTMENT MAY AUTHORIZE A PERSON T O BEGIN CONSTRUCTION ON ANY PART 14
OF A NEW ANIMAL FEED ING OPERATION UNDER AN APPROVAL PROCESS 15
ESTABLISHED BY THE DEPARTMENT THAT REQUI RES THE PERSON TO 16
DEMONSTRATE COMPLIANCE WITH: 17

(I) THE REQUIREMENTS FOR COVERAGE UNDER THE 18
ADMINISTRATIVELY EXTENDED GENERAL DISCHARGE PERMIT; AND 19

(II) ALL OTHER APPLICABLE LAWS AND REGULATIONS AND 20
REQUIRED CONSTRUCTION PERMITS. 21

(b) By rule or regulation, the Department may require a discharge permit for any 22
other activity. 23

[(c) The Department m ay not issue a CAFO Discharge permit to a person that 24
violates subsection (a)(2) of this section.] 25

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 26
measure, is necessary for the immediate preservation of the public health or safety, ha s 27
been passed by a yea and nay vote supported by three –fifths of all the members elected to 28
each of the two Houses of the General Assembly, and shall take effect from the date it is 29
enacted. 30