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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
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*sb0371*
SENATE BILL 371
M3, M4 EMERGENCY BILL 6lr2043
CF HB 395
By: Senators Carozza, Mautz, Gallion, and Hershey
Introduced and read first time: January 27, 2026
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 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
9–323. 20
2 SENATE BILL 371
(a) [(1)] A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 1
A person shall hold a discharge permit issued by the Department before the person may 2
construct, install, modify, extend, alter, or operate any of the following if its operation could 3
cause or increase the discharge of pollutants into the waters of this State: 4
[(i)] (1) An industrial, commercial, or recreational facility or 5
disposal system; 6
[(ii)] (2) A State–owned treatment facility; or 7
[(iii)] (3) Any other outlet or establishment. 8
[(2) A person shall hold a CAFO Discharge permit issued by the 9
Department before the person may begin construction on any part of a new CAFO.] 10
(2) IF THE GENERAL DISCHA RGE PERMIT FOR ANIMA L FEEDING 11
OPERATIONS IS ADMINI STRATIVELY EXTENDED BY THE DEPARTMENT, THE 12
DEPARTMENT MAY AUTHORIZE A PERSON T O BEGIN CONSTRUCTION ON ANY PART 13
OF A NEW ANIMAL FEED ING OPERATION UNDER AN APPROVAL PROCESS 14
ESTABLISHED BY THE DEPARTMENT THAT REQUI RES THE PERSON TO 15
DEMONSTRATE COMPLIANCE WITH: 16
(I) THE REQUIREMENTS FOR COVERAGE UNDER THE 17
ADMINISTRATIVELY EXTENDED GENERAL DISCHARGE PERMIT; AND 18
(II) ALL OTHER APPLICABLE LAWS AND REGULATIONS AND 19
REQUIRED CONSTRUCTION PERMITS. 20
(b) By rule or regulation, the Department may require a discharge permit for any 21
other activity. 22
[(c) The Department m ay not issue a CAFO Discharge permit to a person that 23
violates subsection (a)(2) of this section.] 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 25
measure, is necessary for the immediate preservation of the public health or safety, ha s 26
been passed by a yea and nay vote supported by three –fifths of all the members elected to 27
each of the two Houses of the General Assembly, and shall take effect from the date it is 28
enacted. 29