The 448th session of the Maryland General Assembly concluded on April 13, 2026, after considering 2,229 bills. During the 90 day legislative session, 884 of those bills passed both chambers and are being presented to the Governor for his signature by June 2, 2026.

Despite the fact that Maryland is consistently ranked among the most progressive states in the U.S. regarding environmental statutes and regulations, particularly recognized for its aggressive climate legislation, high water quality standards, and leadership in green building practices, little of that legislation that passed this year involved environmental matters. It is not tongue in cheek that Maryland has more pages of environmental laws per capita than any other state in the country. The new laws compiled below add to that already very progressive, very green regulatory scheme.

Some suggest that the strict environmental regulations create a ‘below average’ regulatory environment for business investment, particularly in the real estate sector, as well as a reduced quality of life for its residents, who have the highest median household income in the country.

However, those who chase being the fastest adapters and quickest disrupters, and not just in the environmental industrial complex, will find business opportunities to lead and profit in environmental matters, including opportunities to monetize these newly approved government enactments.

Utility RELIEF (Reducing Energy Load Inflation for Everyday Families) Act

During the 2026 session, the General Assembly considered legislation to address energy affordability and the State’s clean energy and climate goals, but failed to respond to the larger issues arising from the fact that Maryland imports more than 40% of its electricity. In addition to providing modest ratepayer relief for Maryland electric and gas customers,

House Bill 1532 (passed) includes several provisions relating to statewide greenhouse gas emissions and conservation. For example, the bill requires the Maryland Department of the Environment to prepare and submit an annual report on GHG emissions reductions achieved as a result of electric vehicle adoption (.. really, that is as good as it gets). The bill also modifies the EmPOWER Maryland Program (a mandatory surcharge on utility bills that by definition increase all rate payer costs) by, among other things, (1) temporarily reducing the annual GHG emissions reduction targets for each electric company plan from 2.5% each year to 1.75% each year for the 2027-2029 program cycle (the annual target phases back up to 2.5% beginning in 2036); (2) removing gas companies from the program beginning in 2027; and (3) allowing, for the 2027-2029 program cycle only, emissions reductions from community solar energy generation and residential solar energy generation to count up to 20% toward the targets. Most suggest this bill is too little too late and not properly focused on more electricity generation.

Carbon Sequestration

Senate Bill 625 (passed) requires MDE, by January 1, 2028, to adopt regulations and standards that govern the permitting of carbon dioxide capture, removal, or sequestration projects that use biochar or wood vault technologies. In developing the regulations and standards, MDE must consult with the Maryland Department of Agriculture.

Sustainable Buildings

The Climate Solutions Now Act (Chapter 38 of 2022) made broad changes to the State’s approach to reducing statewide GHG emissions and addressing climate change. To accomplish these goals, among other things, CSNA requires MDE to administer building energy performance standards. In a silly new mandate, House Bill 870 (passed) requires, within 10 business days after a local government accepts a permit application for a new building that has a proposed gross floor area of 35,000 square feet or more (excluding the parking garage area), the local government to provide notice of the permit application to MDE.

PFOA and PFOS

Biosolids Sewage sludge is one of the byproducts of the treatment of sewage at a wastewater treatment plant. To address concerns regarding contamination from per- and polyfluoroalkyl substances on agricultural land, in February 2023, MDE issued a biosolids regulatory update and put a hold on the issuance of new sewage sludge land application permits. MDE now requires all WWTPs from which land applied sewage sludge originates to sample for PFOA and PFOS. Senate Bill 719/ House Bill 925 (both passed) expand on MDE’s guidance by establishing prohibitions and restrictions, effective October 1, 2028, related to the land application of sewage sludge that has a total “concentration of regulated PFAS” equal to or greater than specified levels. More specifically, and criticized by many as misguidedly focusing on agricultural application, the bills prohibit the application of sewage sludge to agricultural or marginal land if the sewage sludge has a total concentration of regulated PFAS of 50 parts per billion or more.

Civil Penalty versus Other Penalty

Appropriation or Use of Water and Dam Safety Enforcement Under Title 5, Subtitle 5 of the Environment Article, MDE is authorized to pursue civil and criminal enforcement of violations relating to the appropriation or use of waters, reservoirs, and dams. However, MDE advises that such enforcement can be slow and resource intensive. House Bill 250 (passed) expands MDE’s enforcement capacity by authorizing MDE to impose an administrative penalty of up to $5,000 per day (not exceeding $100,000 total) for any violation of Subtitle 5 or any regulation, order, or permit adopted or issued under the subtitle, now reducing existing due process safeguards and without affording the permit holder a hearing.

Air Conditioning Requirement

Senate Bill 12 (passed) requires a landlord of residential rental units in apartment buildings with 10 or more individual dwelling units to provide air conditioning, from June 1 through September 30 each year. Unless otherwise exempted by the bill, landlords are to provide air conditioning in residential rental units (1) beginning June 1, 2026, for newly constructed units and (2) beginning October 1, 2026, for existing units that undergo renovation that includes the replacement or substantial upgrade of electrical systems or heating systems.

The bill applies prospectively only. Of course, this will result in more electricity use when the State is already a net importer of electricity and raise the cost of housing for the already rent burdened.

Required Flood Risk Disclosure

House Bill 200 (passed) requires, subject to specified exceptions and beginning July 1, 2027, a seller of real property to provide specified flood risk information to a purchaser before the parties enter into a contract. This requirement only applies to residential real property improved by four or fewer single-family units. By June 1, 2027, MDE must develop and publish a real property statement form for use. Additionally, the seller must also provide (if available) a copy of the FEMA elevation certificate

Individual Water Submeters

Senate Bill 130/ House Bill 220 authorizes owners (as well as operators, managers, or contractors) to install individual water submeters for apartments, dwelling units, and mobile homes. An owner (or agent) that uses the installed submeters to provide bulk water service is prohibited from imposing any water or sewerage cost on a unit other than the actual charges imposed by the water service provider. Among other provisions, the bill also (1) requires an owner (or agent) to maintain certain records; (2) establishes a methodology to bill occupants if a submeter does not provide adequate or accurate data; and (3) requires a landlord to satisfy certain conditions prior to requiring a tenant to make payments to a third party for water or sewer services. With water costs from governments in Maryland outpacing inflation, these bills will increase the cost of housing for the rent burdened.

Shoreline Stabilization Measures

State law requires improvements to protect the shoreline against erosion to generally consist of nonstructural shoreline stabilization measures and includes a waiver process established by regulation to exempt a person from this requirement. House Bill 613 (passed) creates a statute expressly to apply to “living shorelines,” which, as defined by the bill, includes the use of natural elements and structural elements. The bill standardizes provisions related to the approval of erosion control measures that will apply statewide where they had been authorized by local government permits. Critics fear this new regulatory scheme puts the lawful use of private wetlands at risk.

Vernal Pools

Senate Bill 523 (passed) requires the Department of Natural Resources, in coordination with MDE, to create and maintain a list of vernal pools (puddles, that is, temporary shallow basins that fill with rain water in the spring and dry out completely by summer) in the State. DNR must also (1) establish criteria and procedures for identifying and including vernal pools on the list, as specified; (2) authorize the use of mapping or other scientific information to identify additional vernal pools for inclusion on the list; (3) authorize consulting with any stakeholder group as appropriate to identify vernal pools for inclusion on the list; and (4) provide for publication of the list of vernal pools on its website.

Stormwater Management

The intent of the Stormwater Management Act is to reduce, as much as possible, the adverse effects of rain runoff.  Senate Bill 861/ House Bill 1071 (Chs. 13 and 14) require MDE to define, in consultation with the Maryland Department of Agriculture, “agritourism” in these stormwater management regulations and consider best management practices for stormwater management for agritourism, including the creation of a standard plan for temporary parking areas and the use of pasture, meadows, and cropland for the treatment of stormwater runoff.

Wildlife

The State’s Endangered Species of Fish Conservation Act and Nongame and Endangered Species Conservation Act, and DNR regulations implementing the acts, generally prohibit taking, possession, transportation, and trade of threatened and endangered species of fish, wildlife, or plants, subject to specified “take” exceptions. Senate Bill 431/ House Bill 578 (both passed) make potentially dramatic changes to ESFCA and NESCA, including (1) defining the terms “foreseeable future” (used in the definition of “threatened species”) and “harm”; (2) requiring that a determination made by the Secretary of DNR whether a species of fish, wildlife, or plant normally occurring within the State is an endangered or threatened species must now be made without reference to possible economic or other impacts of the determination; and, very different from the federal law and programs, (3) require that a petition submitted to delist a species include evidence of the status of the species.  The bills further establish that if the U.S. Fish and Wildlife Service removes the black vulture from the list of protected species under the federal Migratory Bird Treaty Act, or if the federal Migratory Bird Treaty Act is repealed, DNR must promulgate regulations under a specified provision of law authorizing the taking of black vultures in a similar manner and with the same authorizations as a depredation permit issued by USFWS.

Lead Poisoning Prevention Program

Under Title 6, Subtitle 8 of the Environment Article (Reduction of Lead Risk in Housing), MDE assures compliance with mandatory requirements for lead risk reduction in rental units built before 1978. Senate Bill 872 (passed) expands the regulatory scope of the State’s Reduction of Lead Risk in Housing law by expanding the definition of “rental dwelling unit” to include certain single-room occupancies and shared living arrangements.

Unless a person is accredited by MDE, a person may not act as a contractor or supervisor for the purpose of providing lead paint abatement services; provide training to others who provide lead paint abatement services; or engage in the inspection of lead based paint hazards. House Bill 252 (passed) authorizes MDE to adopt regulations that require any person accredited by MDE to provide lead abatement services to be covered by a reasonable performance bond or reasonable liability insurance.

Next Year

If I can assist you in finding business opportunities to lead and profit in environmental matters advantaged by these newly enacted state laws, or if we can otherwise assist your business with any environmental matter, do not hesitate to text or give me a call.

The Maryland General Assembly will look very different after the November 3, 2026, election. The senators and delegates are next scheduled to reconvene on January 13, 20276.

Thank you to the Maryland Department of Legislative Services for the information in this post.

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If this topic is of interest, please join us for the next in our webinar series at the Intersection of Business, Science, and Law, “New Environmental Laws from the 2026 Maryland Legislative Session” on Tues, May 5 at 9 am. The webinar is complimentary, but you must register here.