Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0517*
HOUSE BILL 517
M3, L6 6lr2019
HB 1058/25 – ENT
By: Delegates Terrasa, Acevero, Bagnall, Charkoudian, Kaufman, Lehman,
Moreno, Ruth, Taveras, and Wolek
Introduced and read first time: January 27, 2026
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Emission Standards, Ambient Air Quality Standards, and Solid Waste 2
Management – Local Authority 3
FOR the purpose of altering certain provisions of law relating to the authority of a political 4
subdivision to adopt certain ordinances, rules, or regulations that set certain 5
emission standards or ambient air quality standards; specifying that a certain 6
requirement for the Department of the Environment to approve a certain county 7
water and sewerage plan does not limit certain authority of the county; specifying 8
that certain provisions of law do not limit certain authority of a political subdivision 9
to regul ate refuse disposal systems or solid waste, subject to a certain condition; 10
requiring the Department to publish certain information on its website on or before 11
a certain date; and generally relating to local authority and emission standards, 12
ambient air quality standards, and solid waste management. 13
BY repealing and reenacting, with amendments, 14
Article – Environment 15
Section 2–104 16
Annotated Code of Maryland 17
(2013 Replacement Volume and 2025 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Environment 20
Section 9–502 21
Annotated Code of Maryland 22
(2014 Replacement Volume and 2025 Supplement) 23
BY adding to 24
Article – Environment 25
Section 9–731 to be under the new part “Part IV. Refuse Disposal Systems and Solid 26
Waste Regulation” 27
2 HOUSE BILL 517
Annotated Code of Maryland 1
(2014 Replacement Volume and 2025 Supplement) 2
Preamble 3
WHEREAS, The General Assembly has previously enacted State laws to expressly 4
authorize political subdivisions to adopt local ordinances, rules, or regulations to ensure 5
clean air and to regulate solid waste management within the jurisdictional boundaries of 6
the political subdivisions so long as the local standards are at least as stringent as State or 7
federal standards; and 8
WHEREAS, Certain court decisions have made it apparent that the legislative intent 9
under the prior enactments regarding local authority has not been made sufficiently clear; 10
now, therefore, 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Environment 14
2–104. 15
(a) (1) Except as provided in this [section] SUBSECTION, this title does not 16
limit the power of a political subdivision to adopt ordinances, rules, or regulations that set 17
emission standards or ambient air quality standards. 18
(2) A political subdivision may not adopt any ordinance, rule, or regulation 19
that sets an emission standard or ambient air quality standard less stringent than the 20
standards set by the Department under this title. 21
(b) [The] IN ADDITION TO THE AUTHORITY PROVIDED UNDER SUBSECTION 22
(A) OF THIS SECTION, THE governing body of any political subdivision may ALSO ask the 23
Department to adopt rules and regulations that set more restrictive emission standards or 24
ambient air quality standards in that political subdivision. 25
(C) AN ORDINANCE, A RULE, OR A REGULATION ADOPTED IN ACCORDANCE 26
WITH THIS SECTION MAY NOT BE CONSTRUED TO BE IN CONFLICT WITH A STANDARD 27
SET BY THE DEPARTMENT IF: 28
(1) THE LOCAL STANDARD IS AT LEAST AS STRINGEN T AS THE 29
STANDARD SET BY THE DEPARTMENT; AND 30
(2) IT IS TECHNICALLY POS SIBLE FOR A REGULATE D ENTITY TO 31
COMPLY WITH THE DEPARTMENT’S STANDARD AND THE LOCAL STANDARD. 32
9–502. 33
HOUSE BILL 517 3
(a) Unless the operation of a water supply system would interfere with a cleanup 1
or remediation action of the Department, this subtitle does not prohibit the installation or 2
operation of a water supply system that is used only to supply water for purposes other 3
than human or animal consumption. 4
(b) If a county is exempt from the provisions of this subtitle, the count y may not 5
receive funds from the sanitary facilities fund. 6
(c) Any rule or regulation adopted under this subtitle does not limit or supersede 7
any other county, municipal, or State law, rule, or regulation that provides greater 8
protection to the public health, safety, or welfare. 9
(D) THE REQUIREMENT FOR T HE DEPARTMENT TO APPROVE A COUNTY 10
WATER AND SEWERAGE PLAN UNDER § 9–503 OF THIS SUBTITLE DOES NOT LIMIT: 11
(1) THE CONTRACTING AUTHORITY OF A COUNTY; OR 12
(2) THE AUTHORITY OF A CO UNTY TO SET EMISSIO N STANDARDS OR 13
AMBIENT AIR QUALITY STANDARDS IN ACCORDANCE WITH § 2–104 OF THIS ARTICLE. 14
9–729. RESERVED. 15
9–730. RESERVED. 16
PART IV. REFUSE DISPOSAL SYSTEMS AND SOLID WASTE REGULATION. 17
9–731. 18
(A) EXCEPT AS PROVIDED IN THIS PART, THIS TITLE DOES NOT LIMIT THE 19
POWER OF A POLITICAL SUBDIVISION TO ADOPT ANY ORDINANCE , RULE, OR 20
REGULATION TO REGULATE REFUSE DISPOSAL SYSTEMS OR SOLID WASTE. 21
(B) A POLITICAL SUBDIVISION MAY NOT ADOPT ANY ORDINANCE, RULE, OR 22
REGULATION TO REGULA TE REFUSE DISPOSAL S YSTEMS OR S OLID WASTE IN A 23
MANNER THAT IS LESS STRINGENT THAN THE STANDARDS SET BY THE DEPARTMENT 24
UNDER THIS TITLE. 25
(C) AN ORDINANCE, A RULE, OR A REGULATION ADOPTED IN ACCORDANCE 26
WITH THIS SECTION MAY NOT BE CONSTRUED TO BE IN CONFLICT WITH A STANDARD 27
SET BY THE DEPARTMENT IF THE LOCAL STANDARD IS AT LEAST AS STRINGENT AS 28
THE STANDARD SET BY THE DEPARTMENT. 29
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2026, 30
4 HOUSE BILL 517
the Department of the Environment shall publish information on its website recognizi ng 1
the legal authority of political subdivisions to adopt local ordinances, rules, or regulations 2
to ensure clean air and to regulate solid waste management within the jurisdictional 3
boundaries of the political subdivisions so long as the local standards a re at least as 4
stringent as State and federal standards. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
1, 2026. 7