During the 2013 session of the Maryland General Assembly, legislators introduced 2,610 bills and by midnight on sine die, 90 days later on April 9, the legislature had passed more than 766 of those bills. This was not a very green year. Only a very modest number of those bills advance green building or sustainable business. The legislature was consumed with passing strong gun control regulation, abolishing the death penalty, increasing the gas tax to fund mass transit and transportation, authorizing medical marijuana sales, and other progressive enactments.

Despite only nascent interest by state elected officials in embracing the environmental issues of the day and the green building environmental industrial complex being all but absent from policy making this year, savvy businesses will find opportunities to lead and profit in matters of green building and sustainable business, including opportunities advantaged by these newly enacted laws.

But make no mistake, in 2013 Maryland ranks #1 in the nation for LEED® project activity per capita. That is, relative to its population, Maryland has more LEED projects than any state. And any review of newly enacted legislation must be against that backdrop.

This compilation is a bill by bill review of green legislation passed by the state legislature in 2013. The determination of what is a green bill is, admittedly, subjective and for the purposes of this exercise a wide net was cast.

Limitations of time and space do not permit this compilation to consider the bills that did not pass, despite their relative merits. The legislature has passed:

Green Schools

The fiscal 2013 capital budget dedicated $25 Million to an Energy Efficiency Initiative for public schools. In line with that initiative and due to increased interest in green technology, Senate Bill 245/House Bill 103 require the Board of Public Works to adopt regulations that require the design development documents submitted by local boards of education for the construction or major renovation of a public school buildings include an evaluation of the use of solar technology, including photovoltaic or solar water heating, based on life-cycle costs. If an evaluation determines that solar technology is not appropriate for a specific school project, the local board must submit a report explaining why it is not appropriate.

House Bill 860 is by some measure the biggest green bill of the session. The Baltimore City Public Schools Construction and Revitalization Act of 2013 is a multiyear $1.1 Billion green school construction and renovation initiative in Baltimore City. Subject to a four party memorandum of understanding between the Maryland Stadium Authority, the Baltimore City Board of School Commissioners, Interagency Committee on School Construction, and Baltimore City, the MSA is authorized to issue up to $1.1 billion in bonds. MSA will manage the funds and the 10 year school construction plan adopted by BCBSC, the construction of up to 15 new LEED certified schools. BCBSC will manage the renovation of as many as 40 schools.

Wind Energy

House Bill 226 (Ch. 3) subsidizes development of an offshore wind farm in the waters off the coast of the State. This Act supports a substantially smaller project than that originally proposed in 2011, now approximately 200 megawatts. The Act establishes an application and review process by the Public Service Commission for proposed offshore wind projects. Among many other conditions, PSC may not approve a plan for an offshore wind project unless the projected maximum subsidy impacts by both residential and nonresidential electric customers are no more than $1.50 per month for an average residential customer and 1.5% for a nonresidential customer.

Senate Bill 750/House Bill 769 prohibit a local government from adopting amendments to the Maryland Building Performance Standards that weaken the wind design and wind-borne debris provisions contained in the standards.

Senate Bill 370/House Bill 504 require “industrial wind energy conversion systems” in Garrett County to comply with specified setback requirements. Before a permit is issued for an industrial wind energy conversion system, the Garrett County Department of Planning and Land Development must, at the permit applicant’s expense, retain a professional engineer to prepare a net cost estimate for decommissioning and site restoration, less salvage value and require the applicant to post a bond equal to 100% of the net cost estimate of the decommissioning and site restoration. If Garrett County adopts a rule, regulation, law, or an ordinance for zoning of industrial wind energy conversion systems, it supersedes the bill’s provisions.

Solar Energy

Senate Bill 887 purports to dampen the opportunity for speculation in solar renewable energy credits, which apparently in other states, have been vulnerable to price fluctuations due to proposals for large-scale solar photovoltaic systems that may or may not end up being installed. This law requires a person who intends to construct a generating station that produces electricity from a solar PV system (that does not need a certificate of public convenience and necessity) must file an application for approval with PSC at least six months before construction commences and must pay a deposit of 1% of the total installed costs of the project to an escrow account held by PSC. PSC must refund the deposit, less reasonable administrative costs, of a person who demonstrates to PSC that the person is fully authorized to commence construction within 18 months after filing an application. If the person does not commence construction within 18 months, unless granted an extension by PSC, the money is considered abandoned.

Senate Bill 1064/House Bill 1534 expand the definition of “solar water heating system” for the purpose of compliance with the State’s Renewable Energy Portfolio Standard to include concentrating solar thermal collectors as defined and certified to the OG-100 standard of the Solar Ratings and Certification Corporation. Concentrating solar collectors use reflective surfaces such as mirrors, advanced polymers, or polished aluminum to concentrate solar thermal energy (heat) onto tubes circulating water, oil, or another liquid heat transfer medium to create hot water or steam.

High Performance Building

House Bill 637 specifies that it is the intent of the General Assembly that, to the extent practicable, the Maryland National Park and Planning Commission must employ green building technologies when constructing or renovating commission-owned buildings. Except as otherwise provided, if an M-NCPPC capital project includes the construction or major renovation of a building that is 7,500 square feet or greater, the building must be constructed or renovated to be a high-performance building. M-NCPPC may request a waiver from the high-performance building requirement from the county where a proposed capital project is located. The county council, with the approval of the county executive, may grant a waiver from the high-performance building requirement if it is determined that the use of a high-performance building in a proposed capital project is not practicable. M-NCPPC must disclose any waiver issued in its Capital Improvement Program.

Thermal Energy

Senate Bill 797/House Bill 1084 establish a Maryland Thermal Renewable Energy Task Force to study and make recommendations on the incorporation of thermal energy into the State’s RPS. MEA must staff the task force, which must report its findings and recommendations to the Governor and the General Assembly by December 31, 2013.

Energy Efficiency

House Bill 621 authorizes Maryland Energy Administration to create a Regulated Sustainable Energy Contract Program. The up-front costs of installing renewable energy or energy efficiency measures can be a barrier against a consumer’s willingness or ability to purchase these measures. Under this program, which is a variation of PACE funding, qualified contractors provide residential renewable energy installations and residential energy efficiency measures to residential property owners under regulated sustainable energy contracts of up to $30,000 that are recorded in land records and enforceable by imposition of a lien on the property. MEA must perform a feasibility study before developing and implementing the program and may develop and implement a test or pilot program. MEA must report to the General Assembly on its progress in carrying out the requirements of the bill by December 31, 2013.

Forest Preservation

House Bill 706 establishes that it is the policy of the State to achieve no net loss of forest, meaning that 40% of all public and private land in Maryland remains covered by tree canopy. The bill requires DNR to convene a stakeholder group after January 1, 2017, to review the statewide forest resource inventory and make recommendations.

Tree Expert Licenses

House Bill 572 reduces from five to three years the amount of time for which an applicant for a tree expert license who does not have specified college education must be engaged continuously in practice as a tree expert with a licensed tree expert. The bill also requires that, after September 1, 2017, a licensed tree expert complete a professional development curriculum established by DNR to qualify for renewal of a tree expert license.

Nuisance Organisms

Senate Bill 547/House Bill 708 establish a separate criminal offense for each nuisance organism imported or possessed in violation of nonnative aquatic organism provisions in the Natural Resources Article of state law and limit fines for violations to a total of $25,000 for offenses arising out of the same enforcement action.

Maryland Botanical Heritage Workgroup

House Bill 936 establishes the Maryland Botanical Heritage Workgroup to define challenges to the preservation of plant species native to the State and region and explore opportunities for improving the preservation of native plant species. There are 345 plants listed as threatened or endangered by the State’s Nongame and Endangered Species Conservation Act. DNR must submit a report with recommendations by December 31, 2013.

Shark Fins

Senate Bill 592/House Bill 1148 generally prohibit a person from possessing, selling, offering for sale, trading, or distributing a shark fin in the State. Shark finning refers to the removal and retention of shark fins and the discarding of the rest of the fish. Although already prohibited in Maryland, shark finning is a widespread practice that has contributed to a significant decline in some shark species. However, the bills do allow a person to possess a shark fin if the person holds the appropriate State or federal license or permit authorizing the taking or landing of a shark for recreational or commercial purposes.

Recycling

Senate Bill 1049, in recognition of several unique challenges particular to the Town of Ocean City, exempts apartment buildings and condominiums in Ocean City from the statewide recycling requirements that beginning October 2014 require the property owner or manager of an apartment building or the council of unit owners of a condominium containing 10 or more units to provide for the collection and removal of recyclable materials.

Natural Gas Drilling in the Marcellus Shale

Senate Bill 854 has little efficacy because there is no natural gas extraction industry in Maryland and there is not likely to be one anytime soon. But, the bill repeals performance bond requirements for the holder of a permit to drill an oil or gas well, and instead requires compliance with several alternative financial assurance requirements.

Senate Bill 766/House Bill 828 requires a person operating as a “land professional” in the State to be registered with the Department of Labor, Licensing, and Regulation and issued a registration certificate by MDE. “Land professionals,” or landmen, meet with landowners and negotiate leases on behalf of companies seeking to mine or drill on a plot of land.

Water Quality and Supply

Senate Bill 524 comprehensively amends the current conditions for issuance of a license or permit for a nonwater-dependent project to be located on a pier in State or private non tidal wetlands, as part of an effort to modernize and simplify the issuance of such licenses and permits by BPW, MDE, and local governments. The bill also establishes new standards for projects involving small-scale renewable energy systems, and creates a new method for charging annual compensation rates to the owners of nonwater-dependent projects (except for small-scale renewable energy systems), which is based on a specified formula and property data provided by the SDAT.

Senate Bill 462/House Bill 994 alter the minor project wetlands and waterways application fees. The bills recognize the disparity in size and the impact on waterways between boats and personal watercraft, and allow for the installation of additional personal watercraft lifts or hoists on a pier.

Stormwater Management and Sediment Control Plans

House Bill 97 (Ch. 81) establishes a process of self-certification of stormwater plans with the State Highway Administration, the Department of General Services, or any other State or federal agency that seeks to serve as an approval authority for these plans, such to allows MDE to reallocate staff resources.

House Bill 766 (Ch. 139) authorizes a professional land surveyor or a licensed landscape architect to also certify that a developer’s plan to control silt and erosion within the Severn River Watershed, where previously that certificate could only be submitted by a professional engineer.

Water Pollution Reporting

Senate Bill 302 requires MDE to annually publish on its website the total amount of sewage overflow, in gallons, from sewerage systems into the Chesapeake Bay and its tributaries during the previous year, as well as the fines collected as a result of enforcement actions undertaken based on the overflows.

Senate Bill 575 requires MDE to report to the General Assembly each year on the status of the Maryland Clean Water Fund and give a detailed description of the sources of revenues and uses of expenditures from the fund.

Drinking Water

House Bill 641 (Ch. 127) alters the testing of drinking water and notification requirements for the Washington Suburban Sanitary Commission by requiring quarterly for unregulated contaminants. Within 30 days of receiving results that indicate the presence of a contaminant, the results must be reported to the county executives of Montgomery and Prince George’s counties and published the on the WSSC website.

Senate Bill 563/House Bill 554 require MDE and PSC, on receipt of certain permit applications, to also ensure that notice is immediately provided to the governing body of each local government within one mile of the subject of the application, as well as each member of the General Assembly representing any part of a county located within one mile of the subject of the application.

Senate Bill 61 (Ch. 12) generally allows MDE to satisfy the public hearing notice requirement associated with the adoption of new air quality regulations by publishing notice on the MDE website.

Asbestos

Senate Bill 762/House Bill 793 further separate persons who work with asbestos from those who train persons to work with asbestos.

Hazardous Waste Transport

Senate Bill 64 (Ch. 15) requires a controlled hazardous substance hauler to carry the vehicle certificate in the cab of the vehicle in conformance with federal law, rather than display the certificate on the left door (as previously required by Maryland law).

Portions of the bill summaries above have been extracted from materials provided courtesy of the Maryland Department of Legislative Services. The full text of each bill is available at http://mgaleg.maryland.gov

If we can assist you in finding opportunities to lead and profit in green building and sustainable business, including pursuing opportunities advantaged by these newly enacted laws, do not hesitate to give Stuart Kaplow a call or send an email to skaplow@stuartkaplow.com