HB 395 Maryland House of Delegates · 2026 Regular Session

Water Pollution Control - Discharge Permits - Animal Feeding Operations

HB 395 repeals a requirement that new Concentrated Animal Feeding Operations (CAFOs) must obtain a general discharge permit from Maryland's Department of the Environment before beginning construction. This directly affects developers and operators planning new CAFO facilities by removing a pre-construction permitting step. The bill modifies Maryland's Environment Article by deleting Section 9-323(a)(2), which previously mandated this permit for new CAFO construction. The change only applies to the construction phase, not to operating permits or existing CAFOs.

Issues: ✗ Environment

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Apr 2026

House of Delegates Passage

Apr 2026

Senate Passage

Apr 2026

Signed into Law

Apr 2026

Introduced Jan 22, 2026 Signed Apr 28, 2026

Maddy AI version diff · 1 comparison

What changed between versions

First - Water Pollution Control - Discharge Permits - Concentrated Animal Feeding Operations → Third - Water Pollution Control - Discharge Permits - Concentrated Animal Feeding Operations · 4 edits

MODERATE

The bill was amended to clarify that the requirement for a CAFO discharge permit does not apply if the General Discharge Permit for Animal Feeding Operations has been administratively extended by the Department. Additionally, the bill was updated to include new sponsors and reflect its progression through the legislative process, including a favorable committee report and adoption.

Scope change

The scope of the exemption was modified to explicitly link the ability to begin construction on a new CAFO to the administrative extension of the existing General Discharge Permit.

REQUIREMENT

The requirement to hold a CAFO Discharge permit before construction began was modified to include an exception: construction may proceed if the General Discharge Permit is administratively extended by the Department.

New text clarifies that under the administrative extension process, the person must demonstrate compliance with the extended permit requirements and all other applicable laws and construction permits.

TECHNICAL

The header was updated to include a reference to a companion bill (CF SB 371) and added a committee report status indicating the bill was adopted.

The list of bill sponsors was expanded to include additional delegates.

Floor votes · House of Delegates Feb 23, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 28, 2026

Signed into law

Approved by the Governor - Chapter 254

executive

Apr 8, 2026

Lower · Passed

Returned Passed

lower

Apr 8, 2026

Upper · Passed

Third Reading Passed

upper

Apr 3, 2026

Upper · Passed

Favorable Adopted Second Reading Passed

upper

Apr 2, 2026

Upper · Passed

Favorable Report by Education, Energy, and the Environment

upper

Mar 5, 2026

Committee

Referred Education, Energy, and the Environment

upper

Mar 4, 2026

Lower · Passed

Third Reading Passed

lower

Mar 3, 2026

Lower · Passed

Favorable with Amendments {

lower

Mar 2, 2026

Lower · Passed

Favorable with Amendments Report by Environment and Transportation

lower

Feb 23, 2026

House Of Delegates · Passed

House of Delegates Vote: pass (127-0-15)

house of delegates

Jan 22, 2026

Committee

First Reading Environment and Transportation

lower

19 primary · 0 co-sponsors