HARRY HUGHES, Governor

1801

IT IS THE POLICY OF THIS STATE TO MAINTAIN THE DEGREE
OF PURITY OF THE AIR NECESSARY TO PROTECT THE HEALTH, THE
GENERAL WELFARE, AND PROPERTY OF THE PEOPLE OF THIS STATE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 690(a).

2-103. POWERS AND DUTIES OF DEPARTMENT.

(A)  AUTHORITY TO OBTAIN FUNDS.

IN ADDITION TO THE POWERS SET FORTH ELSEWHERE IN THIS
TITLE, THE DEPARTMENT MAY OBTAIN ANY FEDERAL OR OTHER FUNDS
THAT ARE AVAILABLE TO THIS STATE FOR PURPOSES THAT ARE
WITHIN THE SCOPE OF THIS TITLE.

(B)  DUTIES OF DEPARTMENT.

IN ADDITION TO THE DUTIES SET FORTH ELSEWHERE IN THIS
TITLE, THE DEPARTMENT:

(1)  HAS JURISDICTION OVER EMISSIONS INTO THE AIR
AND AMBIENT AIR QUALITY IN THIS STATE;

(2)  IS RESPONSIBLE FOR MONITORING AMBIENT AIR
QUALITY IN THIS STATE; AND

(3)  SHALL COORDINATE ALL STATE AGENCY PROGRAMS
ON AMBIENT AIR QUALITY CONTROL.

(C)  USE OF MONITORING FACILITIES.

THE DEPARTMENT MAY CONTRACT FOR OR OTHERWISE ARRANGE
FOR THE USE OF THE FACILITIES AND SERVICES OF APPROPRIATE
AGENCIES OF POLITICAL SUBDIVISIONS IN CARRYING OUT THE
DEPARTMENT'S MONITORING DUTIES UNDER THIS TITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, §§ 690(b), 694, 702, and the first clause of
the fifth sentence of 693(a).

2-104. POWERS OF POLITICAL SUBDIVISIONS.

(A) ADOPTING ORDINANCES, RULES, OR REGULATIONS.

(1)  EXCEPT AS PROVIDED IN THIS SECTION, THIS
TITLE DOES NOT LIMIT THE POWER OF A POLITICAL SUBDIVISION TO
ADOPT ORDINANCES, RULES, OR REGULATIONS THAT SET EMISSION
STANDARDS OR AMBIENT AIR QUALITY STANDARDS.

(2)  A POLITICAL SUBDIVISION MAY NOT ADOPT ANY
ORDINANCE, RULE, OR REGULATION THAT SETS AN EMISSION