The Senate Natural Resources Committee voted to report HCR 49 to the full Senate with a recommendation that it be adopted, a committee action that asks the Maryland General Assembly not to change the stream designation for a segment of the North Branch of the Potomac River from warm water to cold water and requests that the West Virginia attorney general investigate the proposed change's constitutionality.

Committee counsel told members that "the proposed redesignation would, adversely impact industrial sites that discharge or might discharge to that branch of the North Branch of The Potomac," adding that discharges to cold-water streams typically must meet more stringent standards than discharges to warm-water streams.

The resolution says Maryland owns the river segment to the low-water mark on the West Virginia side and argues the redesignation could force West Virginia dischargers to incur additional treatment costs to meet the stricter standards. The counsel also noted the resolution raises potential Commerce Clause issues under the U.S. Constitution and therefore asks the state attorney general to examine the measure's constitutionality.

Vice Chairman moved that HCR 49 be reported to the full Senate with a recommendation that it be adopted; the motion carried on a voice vote and the chair declared the motion adopted. The committee recorded no roll-call tally in the transcript and offered no amendments to the resolution during the meeting.

The committee did not take additional steps in the record beyond reporting the resolution and requesting an attorney-general review; any regulatory or enforcement consequences would depend on action by Maryland and any subsequent findings by West Virginia's attorney general or separate agencies.