Page 1 of 2 Frequently Asked Questions regarding HB 987: The Watershed Protection and Restoration Program Q: What does the

law require the specified jurisdictions to do by July 1, 2013? A: HB 987 requires that Phase I Municipal Separate Storm Sewer System (MS4) permit jurisdictions (Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince Georges Counties and Baltimore City) establish a watershed protection and restoration program that includes both a dedicated stormwater fee and watershed restoration fund by July 1, 2013. The law further described specific requirements related to both components. For instance, the fee must include a provision for crediting the level of stormwater treatment on premise and is separate and distinct from existing stormwater management fees that each county may have adopted related to local plan review and inspections. Q: What is the latest implementation schedule? A: Current law states that on or before July 1, 2013, a county or municipality shall adopt and implement local laws or ordinances necessary to establish a watershed protection and restoration program. Q: Is this round only counties or all MS4 permitees? Why does this only apply to some of the counties and no municipalities? A: The law applies to only PHASE I MS4 jurisdictions, which are: Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince Georges Counties and Baltimore City (the only municipality in Phase I). This is because the Phase I MS4 jurisdictions’ new federal Clean Water Act stormwater permits have aggressive stormwater restoration requirements that will require additional investments in stormwater pollution control measures. Q: In Harford's case two of the three municipalities (Havre de Grace and Aberdeen) have MS4 permits, when will our three municipalities be required to participate? A: These are Phase II MS4 permitted municipalities. HB 987 -- does not require them to enact a fee at this time. However, later this year these municipalities will be subject to New permits which will require additional stormwater pollution control measures and associated expenditures that will need a dedicated revenue sounce similar to the storm water fee you are currently considering. A county may impose a stormwater remediation fee on a property located within a municipality provided that the county notifies the municipality of the county’s intent to impose a stormwater remediation fee on property located within the municipality and

Page 2 of 2 provides the municipality reasonable time to pass an ordinance authorizing the imposition of a municipal stormwater remediation fee instead of a county stormwater remediation fee.

Q: What happens if a county or municipality does not pass the fee? / or just a minimal amount (1.00)? Why does each jurisdiction have a different fee structure? What power does the State have to enforce HB 987? A: The law does not prescribe an amount to be charged or how much money needs to be raised, because each county has different restoration needs as outlined in your County’s watershed implementation plan. There are no legal consequences if a low fee is charged, however your responsibility to fully fund your watershed implementation plan doesn’t disappear therefore other dedicated revenue must be identified. If a county or municipality is found to have an unacceptable stormwater management program after the periodic review and inspection by MDE, Environment Article §4–206 describes the potential sanctions that could be taken. MDE would provide the county or municipality written notification of the program deficiency or violation and allow the county or municipality a reasonable opportunity to take appropriate action. If action is not taken in a timely manner, the Department may issue an order requiring that necessary corrective action be taken within a reasonably prescribed time (§4–208). The Department could also request that the Attorney General to take appropriate legal action to correct the violation and to recover penalties up to $10,000 per day (§4–215). Q: Can the money can be used for existing stormwater projects or only new projects? A: § 4-202.1(H)(6) on page 9 of the attached law says: (6) THE FUNDS DISBURSED UNDER THIS SUBSECTION ARE INTENDED TO BE IN ADDITION TO ANY EXISTING STATE OR LOCAL EXPENDITURES FOR STORMWATER MANAGEMENT. MDE interprets this to mean that a County can't use this money to replace funds that area already allocated, but they could use them for an ongoing project to complete unfunded portions of it.