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Maryland EEE Committee advances climate study, septic funding changes; transmission bill held for more local detail

2439656 · February 28, 2025

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Summary

The Education, Energy, and the Environment Committee approved an amendment to a Bay Restoration Fund septic upgrade program and converted a proposed climate mitigation fund into a statewide study; it held a bill to permit a transmission line through certain wildlands pending more information.

The Education, Energy, and the Environment Committee on an extended voting list approved a set of administrative and programmatic bills and made three substantive decisions that drew the most attention: it approved an amended bill that changes prioritization for Bay Restoration Fund septic-system grants, converted proposed legislation requiring a climate adaptation and mitigation fund into a directed study, and held a bill that would allow certain transmission lines to be routed through state-designated wildlands while the committee seeks more technical and local information.

Why it matters: The committee’s actions could affect which septic systems receive state funding around the Chesapeake Bay, set a timetable and scope for a statewide study on greenhouse gas costs and potential liability, and determine whether a transmission option that would follow an existing Potomac Edison right-of-way remains available in law. The transmission question prompted pushback from members who said state wildlands are highly protected and deserve more factual briefings before changing statute.

Senate Bill 117 (Bay Restoration Fund—Septic System Upgrade Program) The committee received a consensus amendment to SB117 that removes language authorizing performance‑based funding levels and the procurement exemption for certain nitrogen‑removal technologies, and revises the prioritization order for septic‑system projects funded from the Bay Restoration Fund septic account. Under the amended prioritization the order is: (1) failing systems and holding tanks in the critical area (current law); (2) failing systems in a Maryland Chesapeake Bay 8‑digit watershed with relative effectiveness for total nitrogen of 9.24 or higher in the Chesapeake Bay model; (3) failing systems located within the 500‑year floodplain; and (4) failing systems the Maryland Department of the Environment (MDE) determines are a threat to public health or water quality. The committee reported the bill favorably; the amendment and the bill passed on voice votes after a sponsor motion and a second.

Senate Bill 149 ("Responding to Emergency Needs from Extreme Weather Renew Act of 2025") — converted to a study Senator Hester moved and the committee approved an amendment that removes the program and fund provisions the bill would have created and instead directs a study of the total assessed cost of covered greenhouse gas emissions in the state. The amendment specifies the University of Maryland Center for Global Sustainability, in coordination with the Comptroller and the Maryland Department of the Environment, must complete the study by November 1, 2026, and report by December 2026 to the Senate Budget and Taxation Committee, this committee, and the corresponding House committees. The study is to summarize cost‑driving effects of covered greenhouse gas emissions; categorize calculations of costs already incurred and projected to be incurred by the State and residents; and consider mitigation‑related expenses. Senator Hester described the change as “the necessary first step” to give policymakers information before pursuing future legislation.

SB149 was approved on a roll call that the committee clerk summarized as 9 yes, 1 no, and 1 abstention. The committee discussed timing; Senator Kagan noted the report timetable will place any follow‑up legislation no earlier than the 2027 session. One committee member requested a roll call because of visible concern from colleagues; the committee proceeded with the roll call.

Senate Bill 399 (Natural Resources — Wildland Areas and Overhead Transmission Lines) — held for further information Senate Bill 399 would, subject to conditions, exempt narrow corridors of certain state wildlands from continuing wildland designation to allow a NextEra transmission line to run parallel to an existing Potomac Edison transmission line if the project obtains a certificate of public convenience and necessity (CPCN) from the Public Service Commission (PSC). Committee members pressed sponsors and proponents on whether the statutory change would remain an option permanently, whether a sunset could be added, and on the local environmental impacts (Garrett County and adjacent areas were raised). Some members said they would never vote to authorize changes to wildlands without more information. The committee opted to hold the bill so proponents and opponents can provide additional factual materials ahead of another vote.

Senate Bill 436 (Department of Labor study on single‑staircase buildings) — held for additional information Senate Bill 436 directs the Maryland Department of Labor to study building code requirements for single‑staircase buildings and report recommendations by Dec. 1, 2026; the sponsor’s amendment added the State Fire Marshal to the study and extended the reporting deadline to Dec. 1, 2026 (the amendment moved the prior deadline). Witnesses and members discussed firefighter concerns about ladder reach and egress (several members noted firefighters’ ladders typically reach four floors) and whether a study itself would abandon safety standards; proponents said other jurisdictions (California, New York City, Seattle, Honolulu, states such as Virginia, Washington and Oregon) are studying or have laws on similar questions and that a careful study can reconcile housing goals with safety needs. The committee decided to hold the bill to seek more information from the Maryland State Firefighters Association, the State Fire Marshal, and other stakeholders.

Votes at a glance (committee action recorded in the hearing) - SB117 (Environment — Bay Restoration Fund, Septic System Upgrade Program): Amendment adopted; favorably reported (passed). - SB149 (Responding to Emergency Needs from Extreme Weather Renew Act of 2025): Amendment converting program/fund into a directed study adopted; reported 9‑1‑1 (yes/no/abstain as stated in the roll call summary). - SB239 (State Finance & Procurement — Local Cybersecurity Preparedness and Response Plan Assessment Repeal): No opposition; passed unanimously. - SB244 (State Government IT — Cybersecurity revisions): Sponsor amendment (Hester) requiring the cybersecurity budget report be submitted after the governor introduces the budget was adopted; bill carried unanimously as amended. - SB261 (State Board of Public Accountancy sunset extension): Passed unanimously. - SB263 (HVAC license restoration extension to 4 years): Discussion; committee approved and carried the bill, with questions about the rationale for four years (committee cited parity with electrical and plumbing boards). - SB267, SB269, SB275, SB276 and several education and veterans bills: amendments adopted where noted; carried unanimously as described in the record. - SB399 (Wildlands/Transmission): Held for additional information and local briefings. - SB436 (Single‑staircase building code study): Amendment adopted to add the State Fire Marshal and extend the study deadline; bill held for follow‑up with firefighters and stakeholders. - SB503 (Washington County licensing board local bill), SB511 (Pregnant and Parenting Student Support Act), SB529 (Professional engineer exam change), SB597, SB601, SB602, SB722, SB887, SB923 and others appearing on the agenda: committee action varied; the transcript records multiple favorable reports and unanimous carries for bills described as “clean” or uncontested. A handful of bills were withdrawn by sponsors as noted in the record.

What the committee did not do The committee did not adopt statutory language creating a climate adaptation and mitigation fund or imposing compensatory payments on fossil‑fuel businesses; instead it directed the requested study. The committee also did not approve statutory revisions to allow the transmission line through wildlands; it held that measure for additional briefings and potential changes such as a statutory sunset.

Next steps and scheduling Several items were held for more information (notably SB399 and SB436). Sponsors and staff indicated they will supply additional materials and proponents/opponents were asked to appear with technical maps and cost estimates. The SB149 study is scheduled to be completed and reported in late 2026 under the amendment language approved by the committee.

Quotes from the hearing - “This is really, it's the necessary first step to get to where we need to go... We can come back once we know the facts and pass other legislation as needed,” Senator Susan L. Hester (sponsor) said when moving the amendment to convert SB149 to a study. - “I think this was a consensus amendment worked out between the advocates and MDE,” a committee member told the panel when the SB117 amendment was presented.

Ending Committee members stressed that held items will return only after factual questions are answered and that the study directed by SB149 is intended to inform future policy choices rather than impose immediate new fees or programs.