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*sb0189*
SENATE BILL 189
L3 (6lr1274)
ENROLLED BILL
— Education, Energy, and the Environment/Environment and Transportation —
Introduced by Senator Lewis Young
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _________ ______ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Municipalities – Open Drainage Inlets – Required Grating Systems Inventory 2
and Improvements 3
(Mason’s Law) 4
FOR the purpose of requiring a municipality to inventory and prioritize all existing open 5
drainage inlets in the municipality and construct or install a certain approved 6
grating system certain improvements on a new or existing open drainage inlet within 7
the municipality ; requiring, in certain fiscal years, a certain amount of money 8
appropriated to the comprehensive flood management grant program within the 9
Department of the Environment to be used to provide matching funds to assist 10
municipalities with certain costs ; and generally relating to open drainage inlets in 11
municipalities. 12
BY repealing and reenacting, with amendments, 13
Article – Environment 14
2 SENATE BILL 189
Section 5–803(h) 1
Annotated Code of Maryland 2
(2013 Replacement Volume and 2025 Supplement) 3
BY adding to 4
Article – Local Government 5
Section 4–112 6
Annotated Code of Maryland 7
(2013 Volume and 2025 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Environment 11
5–803. 12
(h) (1) There is a comprehensive flood management grant program within the 13
Department. 14
(2) (i) Subject to the approval of the Board of Public Works, the 15
Department may use proceeds from the State debt created to fund the comprehensive flood 16
management grant program to pay the entire cost of watershed studies pursuant to 17
subsection (b) of this section. 18
(ii) The Department may provide grants to subdivisions to pay the 19
entire cost of watershed studies when the Department delegates that responsibility pursuant 20
to subsection (b) of this section. 21
(3) (i) Subject to the approval of the Board of Public Works, the 22
Department may provide grants to subdivisions for flood control and watershed 23
management capital projec ts, and for the capital costs related to design, purchase, and 24
installation of automated flood warning projects, provided that the projects are consistent 25
with the plans and implementation prepared and adopted in accordance with this subtitle, 26
and provided further that each project: 27
1. Is undertaken as part of a comprehensive flood 28
management plan prepared and adopted by the subdivision; and 29
2. Is not inconsistent with any State or interjurisdictional 30
flood management plan. 31
(ii) Grants for aut omated flood warnings projects shall be 32
conditioned to require all affected local governing bodies to: 33
SENATE BILL 189 3
1. Adopt a specific and compatible response plan which has 1
been coordinated with local emergency management authorities and reviewed and approved 2
by the Department and the Maryland Department of Emergency Management; and 3
2. Provide for financial and other commitments to properly 4
operate and maintain the project. 5
(iii) 1. The amount of any grant made by the Department for a 6
flood control and watershed management capital project that involves only nonfederal funds 7
and meets the criteria of this subtitle shall be matched by a minimum amount of 25% of 8
project costs in local government or private funds. 9
2. For a flood control and watershed man agement capital 10
project that involves federal funding and meets the criteria of this subtitle: 11
A. The Department may provide up to 50% of the nonfederal 12
share of the project funding; and 13
B. Local government or private funds shall provide not less 14
than 50% of the nonfederal share of the project funding. 15
(iv) Each project application for a grant under this paragraph shall 16
be submitted to and reviewed by the State clearinghouse of the Department of Planning in 17
accordance with established clearinghouse procedures. 18
(4) (i) Subject to the approval of the Board of Public Works, the 19
Department may provide grants to subdivisions immediately after a flood for acquisition of 20
any flood damaged owner–occupied dwelling. 21
(ii) Total expenditures for grants made under this paragraph may not 22
exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this 23
subsection. 24
(5) (i) The Department may award grants to subdivisions that have 25
incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred 26
on or after January 1, 2009. 27
(ii) The total amount of grants awarded by the Department to 28
subdivisions under this paragraph may: 29
1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 30
the total amount of money appropriated to the comprehensive flood management program; 31
and 32
2. For fiscal year 2023 and each fiscal year thereafter, equal 33
up to 50% of the total amount of money appropriated to the comprehensive flood 34
management program. 35
4 SENATE BILL 189
(iii) A grant awarded to a subdivision under this paragraph may be: 1
1. For an amount of up to 50% of the combined cost of 2
infrastructure repairs, watershed restoration, and emergency work associated with the flood 3
event; 4
2. Used for infrastructure repairs, watershed management, or 5
emergency protection work associated with the flood event; and 6
3. Used for expenses associated with item 2 of this 7
subparagraph that the subdivision has already incurred. 8
(iv) The Department shall prioritize aw arding grants under this 9
paragraph to subdivisions in which: 10
1. Infrastructure damage occurred in an area designated by 11
the Maryland Historical Trust as an historic district; or 12
2. Infrastructure damage caused by a flood event has 13
occurred more than once within the previous 5 years. 14
(6) (I) THE DEPARTMENT MAY AWARD GRANTS TO MUNICIPALITIES 15
TO PROVIDE MATCHING FUNDS TO ASSIST WITH THE COSTS OF MAKING 16
IMPROVEMENTS TO EXIS TING OPEN DRAINAGE I NLETS IN ACCORDANCE WITH § 17
4–112 OF THE LOCAL GOVERNMENT ARTICLE. 18
(II) IN EACH OF FISCAL YEA RS 2029 THROUGH 2031, $250,000 19
OF THE MONEY APPROPR IATED TO THE COMPREH ENSIVE FLOOD MANAGEM ENT 20
GRANT PROGRAM SHALL BE USED TO AWARD GRANTS UNDER THIS PARAGRAPH. 21
(7) To receive a grant, the subdivision must participate in the national flood 22
insurance program. 23
[(7)] (8) Before awarding a grant under paragraphs (2), (3), or (4) of this 24
subsection, the Department, in cooperation with the Department of Planning, shall review 25
the flood c ontrol and watershed management operations of the applicant subdivision to 26
assure that the flood control and watershed management operations are in compliance with 27
this subtitle. 28
[(8)] (9) (i) For fiscal year 2026 and each fiscal year thereafter, the 29
Governor may include in the annual State budget an appropriation for the comprehensive 30
flood management grant program of up to $20,000,000. 31
(ii) For fiscal year 2026 and each fiscal year thereafter, at least 40% 32
of funding provided under the comprehens ive flood management grant program shall be 33
SENATE BILL 189 5
used for projects located in or directly benefiting underserved or overburdened communities, 1
as defined in § 1–701 of this article. 2
(iii) Funds not awarded from the comprehensive flood management 3
grant program by the end of a fiscal year: 4
1. Shall remain in the program; and 5
2. Are not subject to § 7 –302 of the State Finance and 6
Procurement Article. 7
[(9)] (10) (i) The Department, in consultation with the Department of 8
Planning, shall adopt regulations necessary for the administration of the grant program. 9
(ii) These regulations may include: 10
1. A determination of statewide and interjurisdictional needs 11
and priorities; 12
2. Standards of eligibility for applicants and projects; 13
3. Criteria for recognition of tidal and nontidal areas; 14
4. Engineering and economic standards and alternatives; 15
and 16
5. Procedures for filing and processing contents of 17
applications. 18
Article – Local Government 19
4–112. 20
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) (I) “APPROVED GRATING SYST EM” MEANS A COVER PLACED 23
OVER THE OPENING OF AN OPEN DRAINAGE INL ET IN ORDER TO ALLOW 24
STORMWATER RUNOFF TO ENTER THE DRAINAGE INLET WHILE PREVENTING LARGE 25
DEBRIS FROM ENTERING THE DRAINAGE INLET. 26
(II) “APPROVED GRATING SYSTEM” INCLUDES: 27
1. A STANDARD YARD INLET; 28
6 SENATE BILL 189
2. A RAISED GRATE YARD INLET; 1
3. A TRASH RACK GRATING , PROVIDED THAT THE RA CK 2
HAS AT LEAST FOUR SIDES, EACH OF WHICH IS AT LEAST AS LARGE AS THE DIAMETER 3
OF THE SURFACE OPENING; AND 4
4. FOR NEW DRAINAGE INL ETS, A PRECAST CONCRETE 5
BOX INCORPORATED INTO THE CONSTRUCTION OF THE DRAINAGE INLET. 6
(3) (I) “OPEN DRAINAGE INLET ” MEANS A STRUCTURE WI TH A 7
SURFACE OPENING THAT: 8
(I) 1. HAS A DIAMETER OF 12 INCHES OR MORE; AND 9
(II) 2. IS DESIGNED TO COLLE CT AND DRAIN STORMWA TER 10
RUNOFF. 11
(II) “OPEN DRAINAGE INLET ” INCLUDES AN OPEN HEA DWALL 12
STRUCTURE ATTACHED TO A CULVERT. 13
(III) “OPEN DRAINAGE INLET” DOES NOT INCLUDE: 14
1. A GRATE INLET; 15
2. A CURB INLET; 16
3. A COMBINATION CURB AND GRATE INLET; 17
4. A SURFACE –LEVEL DRAINAGE TUNNE L WITH ONLY 18
ONE SURFACE–LEVEL INLET AND ONE DIRECT SURFACE–LEVEL OUTLET; 19
5. A SLOTTED INLET; OR 20
6. A CULVERT LOCATED ON AN OPEN DRAINAGE 21
HIGHWAY. 22
(4) “PRIVATELY OWNED EXISTING OPEN DRAINAGE INLET” MEANS AN 23
INLET THAT IS LOCATE D ON PRIVATE PROPERT Y AND WAS INSTALLED BEFORE 24
OCTOBER 1, 2026. 25
(5) (I) “PUBLICLY OWNED EXISTI NG OPEN DRAINAGE INL ET” 26
MEANS AN INLET OWNED AND MAINTAINED BY TH E MUNICIPALITY THAT WA S 27
INSTALLED BEFORE OCTOBER 1, 2026. 28
SENATE BILL 189 7
(II) “PUBLICLY OWNED EXISTING OPEN DRAINAGE INLET” DOES 1
NOT INCLUDE INLETS: 2
1. OWNED OR MAINTAINED BY A FEDERAL ENTITY , 3
STATE ENTITY, COUNTY, OR SCHOOL BOARD; OR 4
2. INSPECTED BY THE DEPARTMENT OF THE 5
ENVIRONMENT. 6
(B) A MUNICIPALITY MAY ENTER PRIVATE PROPERTY TO: 7
(1) COMPLETE THE INVENTO RY REQUIRED UNDER SU BSECTION (C) 8
OF THIS SECTION; AND 9
(2) INSTALL AN APPROVED GRATING SYSTEM. 10
(C) (1) ON OR BEFORE JULY 1, 2027, A MUNICIPALITY SHALL INVENTORY 11
THE NUMBER AND LOCATION OF ALL PUBLICLY OWNED EXISTING OPEN DRAINAGE 12
INLETS AND PRIVATELY OWNED EXISTING OPEN DRAINAGE INLETS IN T HE 13
MUNICIPALITY. 14
(2) (I) 1. ON OR BEFORE APRIL 1, 2028, A MUNICI PALITY 15
SHALL DEVELOP A PRIO RITIZATION PLAN FOR MAKING IMPROVEMENTS TO 16
PUBLICLY OWNED EXIST ING OPEN DRAINAGE IN LETS AND PRIVATELY O WNED 17
EXISTING OPEN DRAINAGE INLETS. 18
2. THE PLAN SHALL PRIORI TIZE MAKING 19
IMPROVEMENTS TO PUBL ICLY OWNED EXISTING OPEN DRAI NAGE INLETS AND 20
PRIVATELY OWNED EXIS TING OPEN DRAINAGE I NLETS THAT POSE THE GREATEST 21
RISK TO PUBLIC SAFETY. 22
3. A. A MUNICIPALITY IS NOT REQUIRED TO MAKE 23
IMPROVEMENTS TO PUBL ICLY OWNED EXISTING OPEN DRAINAGE INLETS AND 24
PRIVATELY OWNED EXIS TING OPEN DRAINAGE INLETS THAT DO NOT POSE A 25
LEGITIMATE RISK TO PUBLIC SAFETY. 26
B. A MUNICIPALITY SHALL I NCLUDE IN THE PLAN A N 27
EXPLANATION OF THE R EASON FOR EACH PUBLI CLY OWNED EXISTING O PEN 28
DRAINAGE INLET AND P RIVATELY OWNED EXIST ING OPEN DRAINAGE IN LET 29
EXCLUDED FROM THE PRIORITIZATION PLAN. 30
(II) IMPROVEMENTS MAY INCLUDE: 31
8 SENATE BILL 189
1. INSTALLATION OF AN A PPROVED GRATING SYST EM 1
SECURED TO THE INLET END OF THE OPEN DRAI NAGE INLET OR THE CO NCRETE 2
STRUCTURE BUILT TO HOUSE THE DRAINAGE INLET, IN A MANNER THAT PREVENTS 3
THE APPROVED GRATING SYSTEM FROM BEING RE MOVED WITHOUT THE 4
APPROPRIATE TOOLS OR BY THE FORCE OF FLOOD WATER; OR 5
2. INSTALLATION OF FENCING THAT: 6
A. OBSTRUCTS AT LEAST 50% OF ANY OPENING; AND 7
B. IS DESIGNED AND INST ALLED IN A MANNER TH AT 8
WOULD NOT ALLOW A PERSON TO ENTER THE OPEN DRAINAGE INLET. 9
(3) ON OR BEFORE APRIL 1, 2028, EACH MUNICIPALITY SH ALL 10
NOTIFY A PRIVATE PRO PERTY OWNER WITH A P RIVATELY OWNED EXIST ING OPEN 11
DRAINAGE INLET THAT THE INSTALLATION OF AN APPROVED GRATING SYSTEM OR 12
FENCING IS REQUIRED IN ACCORDANCE WITH PARAGRAPH (2) OF THIS SUBSECTION. 13
(4) ON OR BEFORE APRIL 1, 2031, EACH MUNICIPALITY SHALL MAKE 14
IMPROVEMENTS TO ALL PUBLICLY OWNED EXISTING OPEN DRAINAGE IN LETS AND 15
PRIVATELY OWNED EXIS TING OPEN DRAINAGE I NLETS INCLUD ED IN THE 16
PRIORITIZATION PLAN DEVELOPED UNDER PARAGRAPH (2) OF THIS SUBSECTION. 17
(5) (I) A MUNICIPALITY IS RESP ONSIBLE FOR THE COST OF 18
INSTALLING IMPROVEMENTS ON ALL PUBLICLY OWNED EXISTING OPEN DRAINAGE 19
INLETS AND PRIVATELY OWNED EXISTING OPEN DRAINAGE INLETS. 20
(II) A MUNICIPALITY MAY APP LY TO THE COMPREHENSIVE 21
FLOOD MANAGEMENT GRANT PROGRAM COMPREHENSIVE FLOOD MANAGEMENT 22
GRANT PROGRAM WITHIN THE DEPARTMENT OF THE ENVIRONMENT TO 23
COST–SHARE A PORTION OF THE INSTALLATION COSTS. 24
(D) A MUNICIPALITY IS NOT REQUIRED TO ADD IMPR OVEMENTS TO ANY 25
PUBLICLY OWNED EXIST ING OPEN DRAINAGE IN LETS AND PRIVATELY O WNED 26
EXISTING OPEN DRAINA GE INLETS IF IT WOUL D SIGNIFICANTLY IMPA IR THE 27
HYDRAULIC CAPACITY OF THE DRAINAGE SYSTEM. 28
(E) ONCE A MUNICIPALITY HAS INSTALLED AN APPROVED GRATING SYSTEM 29
ON A PRIVATELY OWNED EXISTING OPEN DRAINAGE INLET, THE MUNICIPALITY: 30
(1) IS NOT RESPONSIBLE F OR MAINTAINING IMPRO VEMENTS 31
INSTALLED ON A PRIVATELY OWNED EXISTING OPEN DRAINAGE INLET; AND 32
SENATE BILL 189 9
(2) MAY NOT BE HELD LIABLE FOR INCIDENTS ARISING OUT OF THE 1
MAINTENANCE OF AN APPROVED GRATING SYSTEM. 2
(F) ANY NEW OPEN DRAINAGE INLET INSTALLED IN A MUNICIPALITY SHALL 3
BE EQUIPPED WITH AN APPROVED GRATING SYS TEM THAT MEETS THE 4
REQUIREMENTS FOR INSTALLATION DESCRIBED IN THIS SECTION. 5
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 6
MUNICIPALITY SHALL: 7
(I) INCORPORATE AN APPRO VED GRATING SYSTEM I NTO THE 8
CONSTRUCTION OF ANY NEW OPEN DRAINAGE IN LET WITHIN THE MUNIC IPALITY; 9
AND 10
(II) INSTALL AN APPROVED GRATING SYSTEM ON ANY EXISTING 11
OPEN DRAINAGE INLET WITHIN THE MUNICIPALITY. 12
(2) AN APPROVED GRATING S YSTEM CONSTRUCTED OR INSTALLED 13
UNDER THIS SUBSECTIO N SHALL BE SECURED T O THE INLET END OF T HE OPEN 14
DRAINAGE INLET, OR THE CONCRETE STRUCTURE BUILT TO HOUSE THE DRAINAGE 15
INLET, IN A MANNER THAT PRE VENTS THE APPROVED G RATING SYSTEM FROM 16
BEING REMOVED WITHOUT THE APPROPRIATE TOOLS OR BY THE FORCE OF FLOOD 17
WATER. 18
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before June 1, 2027, 19
each municipality in the State s hall install an approved grating system on any existing 20
open drainage inlet within the municipality in accordance with § 4 –112 of the Local 21
Government Article, as enacted by Section 1 of this Act. 22
SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 23
October 1, 2026. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.