Committee pauses consideration of bill to designate interjurisdictional flood-hazard watersheds amid housing and funding concerns

The House Environment and Transportation Committee discussed SB 42, which would require the Maryland Department of the Environment (MDE) to designate certain headwater streams and other tributaries as "interjurisdictional flood hazard watersheds," and would add statutory definitions for "headwater stream" and "interjurisdictional watershed" for flood hazard management law purposes. The sponsor offered an amendment to alter the bill's definition of headwater stream.

Committee members and witnesses raised questions about whether the proposal would require jurisdictions such as Baltimore City and Baltimore County to change existing flood management plans and whether it would affect access to federal capital funding. Delegate Jacobs said MDOT had submitted testimony expressing concern that new review requirements could cause some State Highway Administration projects to be ineligible for federal reimbursement; that would require the State to use state-only funds and could reduce the ability to leverage federal dollars for capital projects. The transcript records that MDOT initially expressed opposition in a different committee but later informed committee staff it no longer opposes the bill and was taking a neutral position.

Affordable housing advocates remained opposed, according to the sponsor. Members also noted a fiscal note of about $149,000 in the original bill; the sponsor told the committee that MDE had testified it could handle any additional review with existing budgeted resources. The committee had not received a response from the Appropriations Committee on the fiscal implications, and members said they would seek additional information.

Geographic scope and specifics. Committee discussion focused on whether the bill would be statewide or limited to named watersheds; the sponsor said the amendment at that point identified four watersheds that would be designated. Members asked whether that would affect the Potomac watershed and the Washington, D.C., suburbs; the sponsor said the measure would not likely affect those areas and that the designations under discussion primarily involved Baltimore City and Baltimore County. Representatives named Carroll Creek, Wind Falls and Jones Falls during the discussion; the transcript indicates four watersheds were identified in the amendment but does not provide the full list in the recorded excerpt.

Committee action. The committee did not complete consideration of SB 42 before several members needed to leave for floor business. The chair said the committee would take up the bill later and asked members to monitor messages for a reconvening. The transcript records the chair saying the committee would meet later to continue the item.

What remains unresolved. The transcript records open questions about (1) the precise scope of watersheds that would be designated under the amendment; (2) whether designation would change county flood-management plans; (3) potential impacts on federal reimbursement for highway projects; and (4) the fiscal implications identified in the original fiscal note and whether Appropriations has recommendations. The committee paused further action pending additional information and a follow-up meeting.