On April 10, 2024, the EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS. The NPDWR establishes legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water: PFOA, PFOS, PFHxS, PFNA, and HFPO-DA as contaminants with individual MCLs, and PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water. EPA also finalized health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS. 

The final rule requires:

On March 15^th, in Lindke v. Freed, the Supreme Court established the test for when local government officials are considered "state actors" for the purposes of the First Amendment when they post on social media.  The case is a win for local governments, as the test provided by the Supreme Court safeguards the free speech rights of elected officials while balancing the rights of their citizens. 

The National League of Cities (NLC) has created two resources to help local governments navigate this in practical terms:

HB 538, the Governor's Housing Expansion bill, passed with several amendments. This bill requires local jurisdictions to allow (1) new manufactured homes and modular dwellings in zones that allow single-family residential uses and (2) increased densities and uses in specified zoning areas for “qualified projects” (which include specified amounts of affordable housing). The bill prohibits a local jurisdiction from imposing unreasonable limitations or requirements on a qualified project or requiring a qualified project to be reviewed at more than a specified number of public hearings. The bill also establishes a Historic Property Revitalization Director within the Department of Housing and Community Development (DHCD). The bill takes effect January 1, 2025.

HB 693, the Governor's Renters' Rights and Stabilization bill, also passed with amendments. This measure increases the cost of filing eviction and other landlord-tenant cases in court. The bill also establishes the Office of Tenant and Landlord Affairs (OTLA) in the Department of Housing and Community Development (DHCD), extends the period between granting judgment for possession in favor of a landlord and the execution of the warrant of restitution, establishes a tenant’s right of first refusal (and an exclusive negotiation period) prior to the sale of certain residential rental property, and expands the categories of eviction data that must be collected by the Judiciary and provided to DHCD.

MML’s priority legislation, HB 1281, to allow municipalities to self-designate Tourism Zones will be heard in the House Ways & Means Committee on Thursday, February 29.

Modeled off a successful program in Virginia, this MML priority bill would authorize local governments to provide an array of local tax credits or waivers to businesses that aid in expanding tourism. This program would not only bolster the ability of jurisdictions to attract and retain community-oriented businesses, especially for those that lack access to other incentive programs, but to directly expand the State’s general revenue fund and attract new visitors to Maryland.

As of July 1, 2024, the Maryland Department of the Environment will require all facilities conducting monitoring regulated under Code of Maryland Regulations (COMAR) 26.04.07.09, 26.04.07.17, 26.04.07.20 and/or 40 CFR Part 258 to analyze for PFOA, PFOS, PFHxS, PFNA, PFBS, and HFPO-DA (commonly referred to as a GenX Chemical). The risk posed by exposure to PFAS is an emerging and evolving national concern. MDE is focused on:

• Understanding the risk through sampling, science, and assessment
• Communicating the risk through public information, and outreach
• Reducing unacceptable risks through appropriate funding, regulation, partnerships, and agency coordination.

MDE is focused first on determining if any locations in Maryland pose unacceptable risks to human health associated with exposures to PFAS, and whether there are locations of continuing releases of PFAS compounds.

Please join the Maryland Department of Planning and Maryland Department of the Environment on Wednesday, November 15, 2023, at their third statewide Brownfields Conference for local governments, consultants, attorneys, developers, and non-governmental/community organizations to learn and share information about brownfields.

​This conference is a special opportunity to explore strategies together for Landing a Brownfield, such as ways to take ownership of brownfields and a land bank discussion. The entire conference will be held at a former brownfield and an adaptive reuse success story - the Montgomery Park Business Center. (Here is a 5-minute video on the history of the building)

The U.S. Environmental Protection Agency (EPA) recently announced $7.5 billion in available Water Infrastructure Finance and Innovation Act (WIFIA) funding. This innovative low-interest loan program helps communities invest in drinking water, wastewater, and stormwater infrastructure while saving millions of dollars and creating good-paying local jobs. To date, EPA’s WIFIA program has announced $19 billion to help finance 109 projects across the country. These projects are creating over 60,000 jobs. Today’s announcement furthers the Biden-Harris Administration’s commitment to ensuring all people and all communities have access to clean and safe water.

The National Oceanic and Atmospheric Administration (NOAA) announced two large funding opportunities for habitat restoration and coastal resilience projects with no matching requirements. 

Transformational Habitat Restoration and Coastal Resilience Grants
$240 million in funding is available for transformational habitat restoration and coastal resilience projects under the Bipartisan Infrastructure Law and Inflation Reduction Act.
Closing Date: November 17, 2023
Award Period: Approximately three years
Funding award amount range: $1 million to $25 million over the award period
More Information about Transformational Habitat Restoration and Coastal Resilience Grants and informational webinars
View grant opportunity on grants.gov

The Federal Highway Administration (FHWA) announced a $100m Notice of Funding Opportunity, utilizing a 10% set-aside from the National Electric Vehicle Infrastructure (NEVI) formula program, for the Electric Vehicle Charger Reliability and Accessibility Accelerator. The funding can be utilized to repair and replace existing, but non-operational, EV charging infrastructure. Non-functional or broken EV charger sites will be limited to those listed in the Alternative Fuels Station Locator and are at publicly accessible locations. Before releasing the NOFO, FHWA identified 6,200 chargers that met its standards of being temporarily unavailable and eligible for this program. Approximately 130 charging sites in Maryland meet this definition as of today (see afdc.energy.gov).

Local governments are directly eligible to apply. A single applicant may receive multiple awards from this program and USDOT expects to fund the vast majority of eligible projects submitted. FHWA strongly encourages applicants to streamline submissions and include as many eligible locations in a single application as possible.

The following bills with municipal impact went into effect on October 1, 2023. Please contact any member of the MML Advocacy team with any questions. 

SB 310 / HB 378 - Natural Resources - Black Bear Damage Prevention and Reimbursement Fund – Uses 

MML's Legislative Committee met three times in August to review all 20 member-submitted Legislative Action Requests (LARs) submitted in advance of the 2024 General Assembly Session. After substantial discussion, the Committee unanimously voted to recommend the following three priorities: 

1. A Speed Camera bill to allow local governments to utilize non-sworn personnel to issue a citation for speed camera violations; 
2. A bill to allow local governments to establish Tourism Zones to provide incentives to attract tourism; and,
3. Legislation establishing and supporting a statewide study on local government revenue sources.