Retire in Maryland Tax Relief Act
HB 902 would revise Maryland’s regulation of coal combustion by-products, including coal ash, by changing how the Department of the Environment sets and collects fees from generators. The bill sets a minimum base fee of at least $2.30 per ton of coal combustion by-products generated annually, and it expands the factors the Department must consider when setting fees, including the amount of material remaining in in-state landfills or storage units that are subject to inspection and monitoring. It also preserves exemptions for beneficial use and coal mine reclamation, and limits fees on out-of-state transport to no more than half of the in-state disposal fee.
The bill also creates a Statewide Coal Combustion By-Products Coordinating Committee to improve communication among state agencies, technical experts, local governments, and community representatives. The committee would meet at least twice a year beginning in 2026, share monitoring results, discuss ongoing or needed remedial actions at coal combustion by-product sites, and report annually to legislative committees. In addition, the Department of the Environment would be required to update regulations by December 1, 2025, and adopt regulations by October 1, 2026, to implement federal effluent guidelines and the federal legacy coal combustion residuals rule, with authority to add site-specific protections and expand chemical testing beyond federal minimums.
HB 902 would amend Environment Article § 9-283 and add new § 9-291, increasing the regulatory and fee-setting framework for coal combustion by-products in Maryland. It would likely raise or stabilize fee revenue for the state program, direct those funds to the existing coal combustion by-products fund, and require the Department to account more explicitly for disposal, storage, and out-of-state movement of coal ash. The bill would also formalize a new statewide advisory and coordination structure and require new regulations to align Maryland law with recent federal coal ash and wastewater rules, while allowing the state to impose stricter testing and remediation measures where needed.
The bill appears to be framed as a public-health and environmental-protection measure, with an emphasis on stronger oversight, transparency, and coordination around coal ash sites. The inclusion of community representatives, environmental justice interests, and expanded testing suggests support for more robust state action to address contamination concerns. No vote history or committee testimony was provided, so there is no recorded floor-level sentiment in the materials beyond the bill’s protective and regulatory posture.
Likely points of contention include the higher minimum fee on coal combustion by-product generators, the expanded regulatory burden on utilities and other generators, and the Department’s authority to broaden testing and target specific sites beyond federal requirements. Industry stakeholders may object to increased costs and stricter state standards, while environmental and community advocates are likely to support the bill’s stronger monitoring, remediation, and public-health protections. The committee structure itself may also draw attention because it includes community and local government representation in addition to technical and agency members.