Old | New | Differences | |
---|---|---|---|
1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 30 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 30 | |
5 | - | (House Bill 1228) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb1228* | |
8 | 9 | ||
9 | - | Natural Resources – Oysters – Spat, Shells, and Substrate | |
10 | + | HOUSE BILL 1228 | |
11 | + | M1 2lr2871 | |
12 | + | CF SB 830 | |
13 | + | By: Delegates Crosby, Clark, Boyce, Barve, and Stein | |
14 | + | Introduced and read first time: February 11, 2022 | |
15 | + | Assigned to: Environment and Transportation | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | House action: Adopted | |
18 | + | Read second time: March 12, 2022 | |
10 | 19 | ||
11 | - | FOR the purpose of establishing various programs, goals, research requirements, planning | |
12 | - | requirements, and funding requirements related to oyster spat, oyster shells, and | |
13 | - | oyster substrate; requiring the Maryland Agricultural and Resource–Based Industry | |
14 | - | Development Corporation to provide loans and grants up to a certain amount to | |
15 | - | finance the eligible costs of certain eligible seafood processing projects; replacing the | |
16 | - | oyster shell recycling tax credit with an annual grant program administered by the | |
17 | - | Department of Natural Resources; requiring the Maryland Geological Survey, in | |
18 | - | conjunction with certain other entities, to conduct certain bottom surveys; requiring | |
19 | - | the University of Maryland Center for Environmental Science to conduct research | |
20 | - | evaluations related to substrate in collaboration with certain entities; requiring the | |
21 | - | Department to develop a certain substrate plan; providing for the construction and | |
22 | - | expansion of certain oyster hatcheries; providing for oyster replenishment and | |
23 | - | restoration in Eastern Bay; and generally relating to oysters. | |
20 | + | CHAPTER ______ | |
24 | 21 | ||
25 | - | BY repealing | |
26 | - | Article – Tax – General | |
27 | - | Section 10–724.1 | |
28 | - | Annotated Code of Maryland | |
29 | - | (2016 Replacement Volume and 2021 Supplement) | |
22 | + | AN ACT concerning 1 | |
30 | 23 | ||
31 | - | BY repealing and reenacting, without amendments, | |
32 | - | Article – Economic Development | |
33 | - | Section 10–501(a), (f), and (l) | |
34 | - | Annotated Code of Maryland | |
35 | - | (2018 Replacement Volume and 2021 Supplement) | |
24 | + | Natural Resources – Oysters – Spat, Shells, and Substrate 2 | |
36 | 25 | ||
37 | - | BY adding to | |
38 | - | Article – Economic Development | |
39 | - | Section 10–519.1 | |
40 | - | Annotated Code of Maryland | |
41 | - | (2018 Replacement Volume and 2021 Supplement) | |
26 | + | FOR the purpose of establishing various programs, goals, research requirements, planning 3 | |
27 | + | requirements, and funding requirements related to oyster spat, oyster shells, and 4 | |
28 | + | oyster substrate; requiring the Maryland Agricultural and Resource–Based Industry 5 | |
29 | + | Development Corporation to provide loans and grants up to a certain amount to 6 | |
30 | + | finance the eligible costs of certain eligible seafood processing projects; replacing the 7 | |
31 | + | oyster shell recycling tax credit with an annual grant program administered by the 8 | |
32 | + | Department of Natural Resources; requiring the Maryland Geological Survey, in 9 | |
33 | + | conjunction with certain other entities, to conduct certain bottom surveys; requiring 10 | |
34 | + | the University of Maryland Center for Environmental Science to conduct research 11 | |
35 | + | evaluations related to substrate in collaboration with certain entities; requiring the 12 | |
36 | + | Department to develop a certain substrate plan; providing for the construction and 13 | |
37 | + | expansion of certain oyster hatcheries; providing for oyster replenishment and 14 | |
38 | + | restoration in Eastern Bay; and generally relating to oysters. 15 | |
42 | 39 | ||
43 | - | BY repealing | |
44 | - | Article – | |
45 | - | ||
46 | - | Annotated Code of Maryland | |
47 | - | ( | |
40 | + | BY repealing 16 | |
41 | + | Article – Tax – General 17 | |
42 | + | Section 10–724.1 18 | |
43 | + | Annotated Code of Maryland 19 | |
44 | + | (2016 Replacement Volume and 2021 Supplement) 20 | |
48 | 45 | ||
49 | - | BY adding to Ch. 30 2022 LAWS OF MARYLAND | |
46 | + | BY repealing and reenacting, without amendments, 21 | |
47 | + | Article – Economic Development 22 | |
48 | + | Section 10–501(a), (f), and (l) 23 2 HOUSE BILL 1228 | |
50 | 49 | ||
51 | - | – 2 – | |
52 | - | Article – Natural Resources | |
53 | - | Section 4–1019.1 and 4–1019.2(g) | |
54 | - | Annotated Code of Maryland | |
55 | - | (2018 Replacement Volume and 2021 Supplement) | |
56 | 50 | ||
57 | - | BY repealing and reenacting, with amendments, | |
58 | - | Article – Natural Resources | |
59 | - | Section 4–1102 | |
60 | - | Annotated Code of Maryland | |
61 | - | (2018 Replacement Volume and 2021 Supplement) | |
51 | + | Annotated Code of Maryland 1 | |
52 | + | (2018 Replacement Volume and 2021 Supplement) 2 | |
62 | 53 | ||
63 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
64 | - | That the Laws of Maryland read as follows: | |
54 | + | BY adding to 3 | |
55 | + | Article – Economic Development 4 | |
56 | + | Section 10–519.1 5 | |
57 | + | Annotated Code of Maryland 6 | |
58 | + | (2018 Replacement Volume and 2021 Supplement) 7 | |
65 | 59 | ||
66 | - | Article – Tax – General | |
60 | + | BY repealing 8 | |
61 | + | Article – Natural Resources 9 | |
62 | + | Section 4–1019.1 10 | |
63 | + | Annotated Code of Maryland 11 | |
64 | + | (2018 Replacement Volume and 2021 Supplement 12 | |
67 | 65 | ||
68 | - | [10–724.1. | |
66 | + | BY adding to 13 | |
67 | + | Article – Natural Resources 14 | |
68 | + | Section 4–1019.1 and 4–1019.2(g) 15 | |
69 | + | Annotated Code of Maryland 16 | |
70 | + | (2018 Replacement Volume and 2021 Supplement) 17 | |
69 | 71 | ||
70 | - | (a) (1) Subject to the limitations of this section, an individual or a corporation | |
71 | - | may claim a credit against the State income tax in an amount equal to $5 for each bushel | |
72 | - | of oyster shells recycled during the taxable year. | |
72 | + | BY repealing and reenacting, with amendments, 18 | |
73 | + | Article – Natural Resources 19 | |
74 | + | Section 4–1102 20 | |
75 | + | Annotated Code of Maryland 21 | |
76 | + | (2018 Replacement Volume and 2021 Supplement) 22 | |
73 | 77 | ||
74 | - | (2) An individual or a corporation that claims the credit under this section | |
75 | - | shall provide verification of the amount of oyster shells recycled during the taxable year | |
76 | - | with the individual or corporation tax return. | |
78 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
79 | + | That the Laws of Maryland read as follows: 24 | |
77 | 80 | ||
78 | - | (b) (1) For any taxable year, the credit allowed under this section may not | |
79 | - | exceed the lesser of: | |
81 | + | Article – Tax – General 25 | |
80 | 82 | ||
81 | - | ||
83 | + | [10–724.1. 26 | |
82 | 84 | ||
83 | - | (ii) the State income tax calculated before application of the credit | |
84 | - | allowed under this section and §§ 10–701 and 10–701.1 of this subtitle. | |
85 | + | (a) (1) Subject to the limitations of this section, an individual or a corporation 27 | |
86 | + | may claim a credit against the State income tax in an amount equal to $5 for each bushel 28 | |
87 | + | of oyster shells recycled during the taxable year. 29 | |
85 | 88 | ||
86 | - | (2) The unused amount of the credit may not be carried over to any other | |
87 | - | taxable year. | |
89 | + | (2) An individual or a corporation that claims the credit under this section 30 | |
90 | + | shall provide verification of the amount of oyster shells recycled during the taxable year 31 | |
91 | + | with the individual or corporation tax return. 32 | |
88 | 92 | ||
89 | - | ( | |
90 | - | ||
93 | + | (b) (1) For any taxable year, the credit allowed under this section may not 33 | |
94 | + | exceed the lesser of: 34 | |
91 | 95 | ||
92 | - | (2) The regulations shall establish eligibility criteria and provide for the | |
93 | - | certification of businesses, landfills, and nonprofit organizations to verify the amount of | |
94 | - | oyster shells recycled by each individual or corporation.] | |
96 | + | (i) $1,500; or 35 | |
97 | + | HOUSE BILL 1228 3 | |
95 | 98 | ||
96 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read | |
97 | - | as follows: LAWRENCE J. HOGAN, JR., Governor Ch. 30 | |
98 | 99 | ||
99 | - | – 3 – | |
100 | + | (ii) the State income tax calculated before application of the credit 1 | |
101 | + | allowed under this section and §§ 10–701 and 10–701.1 of this subtitle. 2 | |
100 | 102 | ||
101 | - | Article – Economic Development | |
103 | + | (2) The unused amount of the credit may not be carried over to any other 3 | |
104 | + | taxable year. 4 | |
102 | 105 | ||
103 | - | 10–501. | |
106 | + | (c) (1) The Department of Natural Resources and the Comptroller jointly shall 5 | |
107 | + | adopt regulations to carry out the provisions of this section. 6 | |
104 | 108 | ||
105 | - | (a) In this subtitle the following words have the meanings indicated. | |
109 | + | (2) The regulations shall establish eligibility criteria and provide for the 7 | |
110 | + | certification of businesses, landfills, and nonprofit organizations to verify the amount of 8 | |
111 | + | oyster shells recycled by each individual or corporation.] 9 | |
106 | 112 | ||
107 | - | | |
108 | - | ||
113 | + | SECTION 2. AND BE IT FURT HER ENACTED, That the Laws of Maryland read 10 | |
114 | + | as follows: 11 | |
109 | 115 | ||
110 | - | (l) (1) “Project” means any property, the acquisition or improvement of which | |
111 | - | the Board, in its sole discretion, determines by resolution will accomplish at least one of the | |
112 | - | purposes listed in § 10–502 of this subtitle, whether or not the property, or any interest in | |
113 | - | the property: | |
116 | + | Article – Economic Development 12 | |
114 | 117 | ||
115 | - | ||
118 | + | 10–501. 13 | |
116 | 119 | ||
117 | - | ( | |
120 | + | (a) In this subtitle the following words have the meanings indicated. 14 | |
118 | 121 | ||
119 | - | ( | |
120 | - | ||
122 | + | (f) “Corporation” means the Maryland Agricultural and Resource –Based 15 | |
123 | + | Industry Development Corporation. 16 | |
121 | 124 | ||
122 | - | (2) “Project” includes: | |
125 | + | (l) (1) “Project” means any property, the acquisition or improvement of which 17 | |
126 | + | the Board, in its sole discretion, determines by resolution will accomplish at least one of the 18 | |
127 | + | purposes listed in § 10–502 of this subtitle, whether or not the property, or any interest in 19 | |
128 | + | the property: 20 | |
123 | 129 | ||
124 | - | (i) property and rights related to the property, appurtenances, | |
125 | - | rights–of–way, franchises, easements, and other interests in property; | |
130 | + | (i) is or will be used or operated for profit or not for profit; 21 | |
126 | 131 | ||
127 | - | (ii) structures, equipment, furnishings, rail or motor vehicles, | |
128 | - | barges, and boats; | |
132 | + | (ii) is or will be located on one or more sites; or 22 | |
129 | 133 | ||
130 | - | (iii) | |
131 | - | ||
134 | + | (iii) may be financed by bonds, the interest on which is exempt from 23 | |
135 | + | taxation under federal law. 24 | |
132 | 136 | ||
133 | - | (iv) patents, licenses, and other rights necessary or useful in the | |
134 | - | improvement or operation of a project. | |
137 | + | (2) “Project” includes: 25 | |
135 | 138 | ||
136 | - | 10–519.1. | |
139 | + | (i) property and rights related to the property, appurtenances, 26 | |
140 | + | rights–of–way, franchises, easements, and other interests in property; 27 | |
137 | 141 | ||
138 | - | ( | |
139 | - | ||
142 | + | (ii) structures, equipment, furnishings, rail or motor vehicles, 28 | |
143 | + | barges, and boats; 29 | |
140 | 144 | ||
141 | - | (2) “ELIGIBLE SEAFOOD PROC ESSING PROJECT ” MEANS A PROJECT | |
142 | - | TO ESTABLISH OR EXPA ND THE BUSINESS OF A LICENSED SEAFOOD DEA LER THAT: | |
143 | - | Ch. 30 2022 LAWS OF MARYLAND | |
145 | + | (iii) property that is functionally related and subordinate to a project; 30 | |
146 | + | and 31 4 HOUSE BILL 1228 | |
144 | 147 | ||
145 | - | – 4 – | |
146 | - | (I) SUPPORTS THE GOAL OF INCREASING THE AMOUN T OF | |
147 | - | OYSTER SHELLS RETAIN ED IN THE STATE AND RETURNED TO THE CHESAPEAKE | |
148 | - | BAY; AND | |
149 | 148 | ||
150 | - | (II) MEETS THE CRITERIA E STABLISHED BY THE CORPORATION | |
151 | - | UNDER THIS SECTION . | |
152 | 149 | ||
153 | - | (3) “LICENSED SEAFOOD DEAL ER” MEANS A PERSON LICEN SED | |
154 | - | UNDER § 4–701 OF THE NATURAL RESOURCES ARTICLE TO BUY, PROCESS, PACK, | |
155 | - | RESELL, MARKET OR OTHERWISE DEAL IN FISH CAUGHT IN THE TIDAL WATERS OF | |
156 | - | THE STATE. | |
150 | + | (iv) patents, licenses, and other rights necessary or useful in the 1 | |
151 | + | improvement or operation of a project. 2 | |
157 | 152 | ||
158 | - | (4) “REPLETION” MEANS ENHANCING AREA S WHERE COMMER CIAL | |
159 | - | HARVEST IS PERMITTED . | |
153 | + | 10–519.1. 3 | |
160 | 154 | ||
161 | - | (B) (1) THE CORPORATION SHALL PRO VIDE LOANS AND GRANTS UP TO | |
162 | - | $250,000 TO FINANCE THE COSTS OF ELIGIBLE SEAFOOD PROCESSING PROJECTS IN | |
163 | - | ACCORDANCE WITH THIS SECTION, INCLUDING HISTORIC O YSTER SHUCKING | |
164 | - | FACILITIES, NOT TO EXCEED $25,000 FOR EACH FULL –TIME JOB THAT IS | |
165 | - | PROJECTED TO BE CREA TED OR RETAINED . | |
155 | + | (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 4 | |
156 | + | INDICATED. 5 | |
166 | 157 | ||
167 | - | (2) FINANCING PROVIDED UN DER THIS SECTION SHA LL BE | |
168 | - | CONDITIONED ON THE A GREEMENT BY THE RECI PIENT TO RETURN, AT NO COST TO | |
169 | - | THE STATE, ALL OYSTER SHELLS PR OCESSED BY THE RECIP IENT: | |
158 | + | (2) “ELIGIBLE SEAFOOD PROC ESSING PROJECT ” MEANS A PROJECT 6 | |
159 | + | TO ESTABLISH OR EXPA ND THE BUSINESS OF A LICENSED SEAFOOD DEA LER THAT: 7 | |
170 | 160 | ||
171 | - | (I) TO THE DEPARTMENT OF NATURAL RESOURCES, FOR USE | |
172 | - | IN THE DEPARTMENT ’S REPLETION AND REST ORATION ACTIVITIES ; OR | |
161 | + | (I) SUPPORTS THE GOAL OF INCREASING THE AMOUN T OF 8 | |
162 | + | OYSTER SHELLS RETAIN ED IN THE STATE AND RETURNED TO THE CHESAPEAKE 9 | |
163 | + | BAY; AND 10 | |
173 | 164 | ||
174 | - | (II) DIRECTLY TO OYSTER B ARS IN THE PUBLIC FI SHERY OR | |
175 | - | RESTORATION AREAS , IN ACCORDANCE WITH R EGULATIONS OF THE DEPARTMENT | |
176 | - | OF NATURAL RESOURCES COMPLY WITH THE PROV ISIONS OF § 4–1019.2 OF THE | |
177 | - | NATURAL RESOURCES ARTICLE UNTIL THE LOA N IS REPAID. | |
165 | + | (II) MEETS THE CRITERIA E STABLISHED BY THE CORPORATION 11 | |
166 | + | UNDER THIS SECTION . 12 | |
178 | 167 | ||
179 | - | (3) THE CORPORATION SHALL FOR GIVE $35 OF ANY LOAN PROVIDED | |
180 | - | UNDER THIS SECTION AS FOLLOWS: | |
168 | + | (3) “LICENSED SEAFOOD DEAL ER” MEANS A PERSON LICEN SED 13 | |
169 | + | UNDER § 4–701 OF THE NATURAL RESOURCES ARTICLE TO BUY, PROCESS, PACK, 14 | |
170 | + | RESELL, MARKET OR OTHERWISE DEAL IN FISH CAUGHT IN THE TIDAL WATERS OF 15 | |
171 | + | THE STATE. 16 | |
181 | 172 | ||
182 | - | (I) THE CURRENT MARKET V ALUE AS ESTABLISHED IN § | |
183 | - | 4–1019.2 OF THE NATURAL RESOURCES ARTICLE FOR EACH BUSHEL OF O YSTER | |
184 | - | SHELLS THAT THE LOAN RECIPIENT RETURNS TO THE DEPARTMENT OF NATURAL | |
185 | - | RESOURCES AT NO COST; OR DIRECTLY TO OYSTER BARS IN AC CORDANCE WITH | |
186 | - | PARAGRAPH (2) OF THIS SUBSECTION | |
187 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 30 | |
173 | + | (4) “REPLETION” MEANS ENHANCING AREA S WHERE COMMER CIAL 17 | |
174 | + | HARVEST IS PERMITTED . 18 | |
188 | 175 | ||
189 | - | – 5 – | |
190 | - | (II) $25 FOR EACH BUSHEL OF S PAT–ON–SHELL THAT THE | |
191 | - | PERSON PLANTS ON A P UBLIC FISHERY BOTTOM AS VERIFIED BY THE DEPARTMENT | |
192 | - | OF NATURAL RESOURCES. | |
176 | + | (B) (1) THE CORPORATION SHALL PRO VIDE LOANS AND GRANTS UP TO 19 | |
177 | + | $250,000 TO FINANCE THE COSTS OF ELIGIBLE SEAFOOD PROCESSING PROJECTS IN 20 | |
178 | + | ACCORDANCE WITH THIS SECTION, INCLUDING HISTORIC O YSTER SHUCKING 21 | |
179 | + | FACILITIES, NOT TO EXCEED $25,000 FOR EACH FULL –TIME JOB THAT IS 22 | |
180 | + | PROJECTED TO BE CREA TED OR RETAINED . 23 | |
193 | 181 | ||
194 | - | (C) A PERSON IS ELIGIBLE T O RECEIVE FINANCING UNDER THIS SECTION I F | |
195 | - | THE PERSON: | |
182 | + | (2) FINANCING PROVIDED UN DER THIS SECTION SHA LL BE 24 | |
183 | + | CONDITIONED ON THE A GREEMENT BY THE RECI PIENT TO RETURN, AT NO COST TO 25 | |
184 | + | THE STATE, ALL OYSTER SHELLS PR OCESSED BY THE RECIP IENT: 26 | |
196 | 185 | ||
197 | - | ||
198 | - | ||
186 | + | (I) TO THE DEPARTMENT OF NATURAL RESOURCES, FOR USE 27 | |
187 | + | IN THE DEPARTMENT ’S REPLETION AND REST ORATION ACTIVITIES ; OR 28 | |
199 | 188 | ||
200 | - | (II) | |
201 | - | THE | |
202 | - | ||
203 | - | ||
189 | + | (II) DIRECTLY TO OYSTER B ARS IN THE PUBLIC FI SHERY OR 29 | |
190 | + | RESTORATION AREAS , IN ACCORDANCE WITH R EGULATIONS OF THE DEPARTMENT 30 | |
191 | + | OF NATURAL RESOURCES COMPLY WITH THE PROV ISIONS OF § 4–1019.2 OF THE 31 | |
192 | + | NATURAL RESOURCES ARTICLE UNTIL THE LOA N IS REPAID. 32 HOUSE BILL 1228 5 | |
204 | 193 | ||
205 | - | (2) HAS PAID ALL APPLICA BLE BUSINESS TAXES A ND FEES FOR THE | |
206 | - | PAST 5 YEARS; | |
207 | 194 | ||
208 | - | (3) DEMONSTRATES TO THE SATISFACTION OF THE CORPORATION | |
209 | - | THROUGH A BUSINESS P LAN AND PRO FORMA FI NANCIAL PROJECTIONS THAT, | |
210 | - | WITHIN 5 YEARS AFTER RECEI VING FINANCING UNDER THIS SECTION , THE | |
211 | - | PERSON’S SEAFOOD PROCESSING BUSINESS WILL: | |
212 | 195 | ||
213 | - | (I) EMPLOY AT LEAST 15 INDIVIDUALS; AND | |
196 | + | (3) THE CORPORATION SHALL FOR GIVE $35 OF ANY LOAN PROVIDED 1 | |
197 | + | UNDER THIS SECTION AS FOLLOWS: 2 | |
214 | 198 | ||
215 | - | (II) HAVE THE POTENTIAL T O ACHIEVE VIABILITY AS A | |
216 | - | BUSINESS; AND | |
199 | + | (I) THE CURRENT MARKET V ALUE AS ESTABLISHED IN § 3 | |
200 | + | 4–1019.2 OF THE NATURAL RESOURCES ARTICLE FOR EACH BUSHEL OF O YSTER 4 | |
201 | + | SHELLS THAT THE LOAN RECIPIENT RETURNS TO THE DEPARTMENT OF NATURAL 5 | |
202 | + | RESOURCES AT NO COST; OR DIRECTLY TO OYSTER BARS IN AC CORDANCE WITH 6 | |
203 | + | PARAGRAPH (2) OF THIS SUBSECTION 7 | |
217 | 204 | ||
218 | - | (4) MEETS ANY OTHER ELIG IBILITY REQUIREMENTS ESTABLISHED BY | |
219 | - | THE CORPORATION ; AND | |
205 | + | (II) $25 FOR EACH BUSHEL OF SPAT –ON–SHELL THAT THE 8 | |
206 | + | PERSON PLANTS ON A P UBLIC FISHERY BOTTOM AS VERIFIED BY THE DEPARTMENT 9 | |
207 | + | OF NATURAL RESOURCES. 10 | |
220 | 208 | ||
221 | - | (5) AGREES TO THE FINANC ING TERMS AND CONDIT IONS | |
222 | - | ESTABLISHED BY THE CORPORATION THAT ARE OTHERWISE IN CONFORM ANCE | |
223 | - | WITH THIS SECTION . | |
209 | + | (C) A PERSON IS ELIGIBLE T O RECEIVE FINANCING UNDER THIS SECTION I F 11 | |
210 | + | THE PERSON: 12 | |
224 | 211 | ||
225 | - | (D) (1) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE | |
226 | - | ANNUAL BUDGET BILL A N APPROPRIATION OF $1,000,000 TO THE CORPORATION | |
227 | - | FOR THE PURPOSE OF P ROVIDING GRANTS AND LOANS UNDER THIS SEC TION. | |
212 | + | (1) (I) HAS BEEN A LICENSED SEAFOOD DEALER FOR AT LEAST 5 13 | |
213 | + | YEARS; OR 14 | |
228 | 214 | ||
229 | - | (2) THE APPROPRIATION IN PARAGRAPH (1) OF THIS SUBSECTION | |
230 | - | SHALL BE DISTRIBUTED TO A SPECIAL ACCOUNT TO BE USED ONLY TO : | |
215 | + | (II) HAS HELD A TIDAL FIS H LICENSE ISSUED UND ER § 4–701 OF 15 | |
216 | + | THE NATURAL RESOURCES ARTICLE FOR AT LEAST 5 YEARS AND AGREES TO 16 | |
217 | + | OBTAIN A SEAFOOD DEA LER LICENSE ON RECEI VING FINANCING UNDER THIS 17 | |
218 | + | SECTION; 18 | |
231 | 219 | ||
232 | - | ( | |
233 | - | ||
220 | + | (2) HAS PAID ALL APPLICABLE BUSINESS TAXES AND FEES FOR T HE 19 | |
221 | + | PAST 5 YEARS; 20 | |
234 | 222 | ||
235 | - | – 6 – | |
236 | - | (II) PAY THE COSTS NECESS ARY TO ADMINISTER AN D OPERATE | |
237 | - | THIS SECTION. | |
223 | + | (3) DEMONSTRATES TO THE SATISFACTION OF THE CORPORATION 21 | |
224 | + | THROUGH A BUSINESS P LAN AND PRO FORMA FI NANCIAL PROJECTIONS THAT, 22 | |
225 | + | WITHIN 5 YEARS AFTER RECEIVIN G FINANCING UNDER TH IS SECTION, THE 23 | |
226 | + | PERSON’S SEAFOOD PROCESSING B USINESS WILL: 24 | |
238 | 227 | ||
239 | - | ||
228 | + | (I) EMPLOY AT LEAST 15 INDIVIDUALS; AND 25 | |
240 | 229 | ||
241 | - | [4–1019.1. | |
230 | + | (II) HAVE THE POTENTIAL T O ACHIEVE VIABILITY AS A 26 | |
231 | + | BUSINESS; AND 27 | |
242 | 232 | ||
243 | - | The Department shall initiate the development of a program for enactment by the | |
244 | - | Maryland General Assembly to encourage return of the State’s oyster shell resource to the | |
245 | - | tidal waters of the State to assist oyster propagation. The Department also may use the | |
246 | - | Fisheries Research and Development Fund to purchase oyster shell.] | |
233 | + | (4) MEETS ANY OTHER ELIG IBILITY REQUIREMENTS ESTABLISHED BY 28 | |
234 | + | THE CORPORATION ; AND 29 | |
247 | 235 | ||
248 | - | 4–1019.1. | |
236 | + | (5) AGREES TO THE FINANCING TERMS AND CONDITIONS 30 | |
237 | + | ESTABLISHED BY THE CORPORATION THAT ARE OTHERWISE IN CONFORM ANCE 31 | |
238 | + | WITH THIS SECTION . 32 6 HOUSE BILL 1228 | |
249 | 239 | ||
250 | - | (A) THE DEPARTMENT SHALL PROV IDE ANNUAL GRANTS TO NONPROFIT | |
251 | - | ORGANIZATIONS , COMMUNITY ASSOCIATIO NS, RESTAURANTS , AND SEAFOOD | |
252 | - | PROCESSORS AND DEALERS THAT RECYCLE OYSTER SHELLS BY PROVIDING THE | |
253 | - | SHELL TO AN AUTHO RIZED SHELL RECYCLIN G COLLECTOR CERTIFIE D BY THE | |
254 | - | DEPARTMENT . | |
255 | 240 | ||
256 | - | (B) (1) GRANTS TO NONPROFIT O RGANIZATIONS AND COM MUNITY | |
257 | - | ASSOCIATIONS SHALL B E PROVIDED IN THE FO LLOWING AMOUNTS : | |
258 | 241 | ||
259 | - | (I) $100 FOR THE RECYCLING OF AT LEAST 5 BUT LESS THAN 20 | |
260 | - | BUSHELS OF OYSTER SHELLS IN A YEAR; AND | |
242 | + | (D) (1) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 1 | |
243 | + | ANNUAL BUDGET BILL A N APPROPRIATION OF $1,000,000 TO THE CORPORATION 2 | |
244 | + | FOR THE PURPOSE OF PROVID ING GRANTS AND LOANS UNDER THIS SEC TION. 3 | |
261 | 245 | ||
262 | - | ( | |
263 | - | ||
246 | + | (2) THE APPROPRIATION IN PARAGRAPH (1) OF THIS SUBSECTION 4 | |
247 | + | SHALL BE DISTRIBUTED TO A SPECIAL ACCOUNT TO BE USED ONLY TO : 5 | |
264 | 248 | ||
265 | - | (2) GRANTS TO RESTAURANTS AND SEAFOOD PROCESSO RS AND | |
266 | - | DEALERS SHALL BE PROVIDED IN THE FOLLOWING AMO UNTS: | |
249 | + | (I) PROVIDE LOANS UNDER THIS SECTION; AND 6 | |
267 | 250 | ||
268 | - | ( | |
269 | - | ||
251 | + | (II) PAY THE COSTS NECESSARY TO ADMINIS TER AND OPERATE 7 | |
252 | + | THIS SECTION. 8 | |
270 | 253 | ||
271 | - | (II) $250 FOR THE RECYCLING OF AT LEAST 50 BUT LESS THAN | |
272 | - | 100 BUSHELS OF OYSTER SH ELLS IN A YEAR; | |
254 | + | Article – Natural Resources 9 | |
273 | 255 | ||
274 | - | (III) $500 FOR THE RECYCLING OF AT LEAST 100 BUT LESS THAN | |
275 | - | 250 BUSHELS OF OYSTER SH ELLS IN A YEAR; | |
256 | + | [4–1019.1. 10 | |
276 | 257 | ||
277 | - | (IV) $1,000 FOR THE RECYCLING OF AT LEAST 250 BUT LESS | |
278 | - | THAN 500 BUSHELS OF OYSTER SH ELLS IN A YEAR; | |
279 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 30 | |
258 | + | The Department shall initiate the development of a program for enactment by the 11 | |
259 | + | Maryland General Assembly to encourage return of the State’s oyster shell resource to the 12 | |
260 | + | tidal waters of the State to assist oyster propagation. The Department also may use the 13 | |
261 | + | Fisheries Research and Development Fund to purchase oyster shell.] 14 | |
280 | 262 | ||
281 | - | – 7 – | |
282 | - | (V) $1,500 FOR THE RECYCLING OF AT LEAST 500 BUT LESS | |
283 | - | THAN 1,000 BUSHELS OF OYSTER SH ELLS IN A YEAR; AND | |
263 | + | 4–1019.1. 15 | |
284 | 264 | ||
285 | - | (VI) $2,000 FOR THE RECYCLING OF AT LEAST 1,000 BUSHELS | |
286 | - | OF OYSTER SHELLS IN A YEAR AT A RATE OF $5 PER BUSHEL UP TO A M AXIMUM OF | |
287 | - | $2,000 PER YEAR. | |
265 | + | (A) THE DEPARTMENT SHALL PROV IDE ANNUAL GRANTS TO NONPROFIT 16 | |
266 | + | ORGANIZATIONS , COMMUNITY ASSOCIATIONS , RESTAURANTS , AND SEAFOOD 17 | |
267 | + | PROCESSORS AND DEALERS THAT RECYCLE OYSTER SHELLS BY PROVIDING THE 18 | |
268 | + | SHELL TO AN AUTHORIZ ED SHELL RECYCLING C OLLECTOR CERTIFIED B Y THE 19 | |
269 | + | DEPARTMENT . 20 | |
288 | 270 | ||
289 | - | (C) THE DEPARTMENT SHALL PROV IDE, AT NO COST, RECEPTACLES FOR | |
290 | - | THE COLLECTION OF OY STER SHELLS TO RESTA URANTS THAT AGREE TO RECYCLE | |
291 | - | AT LEAST 25 BUSHELS OF OYSTER SH ELLS PER YEAR. | |
271 | + | (B) (1) GRANTS TO NONPROFIT O RGANIZATIONS AND COM MUNITY 21 | |
272 | + | ASSOCIATIONS SHALL BE PROVID ED IN THE FOLLOWING AMOUNTS: 22 | |
292 | 273 | ||
293 | - | ( | |
294 | - | ||
274 | + | (I) $100 FOR THE RECYCLING OF AT LEAST 5 BUT LESS THAN 20 23 | |
275 | + | BUSHELS OF OYSTER SH ELLS IN A YEAR; AND 24 | |
295 | 276 | ||
296 | - | (2) THE REGULATIONS SHALL ESTABLISH ELIGIBILIT Y CRITERIA AND | |
297 | - | PROVIDE FOR THE CERT IFICATION OF NONPROF IT ORGANIZATIONS , COMMUNITY | |
298 | - | ASSOCIATIONS, RESTAURANTS , AND SEAFOOD PROCESSO RS AND DEALERS TO | |
299 | - | VERIFY THE AMOUNT OF OYSTER SHELLS RECYCL ED BY EACH ENTITY. | |
277 | + | (II) $250 FOR THE RECYCLING OF AT LEAST 20 BUSHELS OF 25 | |
278 | + | OYSTER SHELLS IN A Y EAR. 26 | |
300 | 279 | ||
301 | - | (3) THE DEPARTMENT MAY ENTER INTO AGREEMENTS WITH | |
302 | - | NONPROFIT ORGANIZATI ONS WITH EXPERTISE I N OYSTER SHELL RECYC LING TO | |
303 | - | EXECUTE THE PROVISIO NS OF THIS SECTION . | |
280 | + | (2) GRANTS TO RESTA URANTS AND SEAFOOD P ROCESSORS AND 27 | |
281 | + | DEALERS SHALL BE PROVIDED IN THE FOLLOWING AMO UNTS: 28 | |
304 | 282 | ||
305 | - | 4–1019.2. | |
283 | + | (I) $100 FOR THE RECYCLING OF AT LEAST 25 BUT LESS THAN 29 | |
284 | + | 50 BUSHELS OF OYSTER SH ELLS IN A YEAR; 30 | |
285 | + | HOUSE BILL 1228 7 | |
306 | 286 | ||
307 | - | (G) THE DEPARTMENT MAY USE TH E FISHERIES RESEARCH AND | |
308 | - | DEVELOPMENT FUND TO PURCHASE OYST ER SHELLS. | |
309 | 287 | ||
310 | - | 4–1102. | |
288 | + | (II) $250 FOR THE RECYCLING OF AT LEAST 50 BUT LESS THAN 1 | |
289 | + | 100 BUSHELS OF OYSTER SH ELLS IN A YEAR; 2 | |
311 | 290 | ||
312 | - | ( | |
313 | - | ||
291 | + | (III) $500 FOR THE RECYCLING OF AT LEAST 100 BUT LESS THAN 3 | |
292 | + | 250 BUSHELS OF OYSTER SH ELLS IN A YEAR; 4 | |
314 | 293 | ||
315 | - | (b) If, after conducting a survey in accordance with subsection (a) of this section, | |
316 | - | the Department finds that any natural oyster bar is located incorrectly on existing charts | |
317 | - | or that the existing charts do not reflect the actual condition of submerged lands, the | |
318 | - | Department shall amend the existing charts or coordinates by regulation. | |
294 | + | (IV) $1,000 FOR THE RECYCLING OF AT LEAST 250 BUT LESS 5 | |
295 | + | THAN 500 BUSHELS OF OYSTER SH ELLS IN A YEAR; 6 | |
319 | 296 | ||
320 | - | (C) (1) BEGINNING IN FISCAL Y EAR 2024, THE MARYLAND GEOLOGICAL | |
321 | - | SURVEY, IN CONJUNCTION WITH THE UNIVERSITY OF MARYLAND CENTER FOR | |
322 | - | ENVIRONMENTAL SCIENCE, SHALL SURVEY SUBMERG ED AREAS OF THE STATE TO | |
323 | - | MAP EXISTING AND POT ENTIAL OYSTER HABITA TS IN ACCORD ANCE WITH THE | |
324 | - | PROVISIONS OF THIS S UBSECTION. | |
325 | - | Ch. 30 2022 LAWS OF MARYLAND | |
297 | + | (V) $1,500 FOR THE RECYCLING OF AT LEAST 500 BUT LESS 7 | |
298 | + | THAN 1,000 BUSHELS OF OYSTER SH ELLS IN A YEAR; AND 8 | |
326 | 299 | ||
327 | - | – 8 – | |
328 | - | (2) IN SELECTING SITES FO R SURVEYING UNDER TH IS SUBSECTION, | |
329 | - | THE MARYLAND GEOLOGICAL SURVEY AND THE UNIVERSITY OF MARYLAND | |
330 | - | CENTER FOR ENVIRONMENTAL SCIENCE SHALL: | |
300 | + | (VI) $2,000 FOR THE RECYCLING OF AT LEAST 1,000 BUSHELS 9 | |
301 | + | OF OYSTER SHELLS IN A YEAR AT A RATE OF $5 PER BUSHEL UP TO A M AXIMUM OF 10 | |
302 | + | $2,000 PER YEAR. 11 | |
331 | 303 | ||
332 | - | (I) PRIORITIZE PRIORITIZE: | |
304 | + | (C) THE DEPARTMENT SHALL PROV IDE, AT NO COST, RECEPTACLES FOR 12 | |
305 | + | THE COLLECTION OF OY STER SHELLS TO RESTA URANTS THAT AGREE TO RECYCLE 13 | |
306 | + | AT LEAST 25 BUSHELS OF OYSTER SH ELLS PER YEAR. 14 | |
333 | 307 | ||
334 | - | 1. (I) EASTERN BAY AND ITS TRIBUTARI ES; AND | |
308 | + | (D) (1) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT 15 | |
309 | + | THE PROVISIONS OF T HIS SECTION. 16 | |
335 | 310 | ||
336 | - | 2. (II) PUBLIC FISHERY AREAS WHERE THERE ARE LIKE LY | |
337 | - | TO BE SHALLOWLY BURI ED SHELL DEPOSITS FR OM PREVIOUS REPLETIO N | |
338 | - | ACTIVITIES, IDENTIFIED IN CONSUL TATION WITH THE DEPARTMENT , WHO SHALL | |
339 | - | CONSULT WITH COUNTY OYSTER COM MITTEES, AND COMMERCIAL OYSTER | |
340 | - | HARVESTERS ; AND | |
311 | + | (2) THE REGULATIONS SHALL ESTABLISH ELIGIBILIT Y CRITERIA AND 17 | |
312 | + | PROVIDE FOR THE CERT IFICATION OF NONPROF IT ORGANIZATIONS , COMMUNITY 18 | |
313 | + | ASSOCIATIONS, RESTAURANTS , AND SEAFOOD PROCESSO RS AND DEALERS TO 19 | |
314 | + | VERIFY THE AMOUNT OF OYSTER SHELLS RECYCL ED BY EACH ENTITY. 20 | |
341 | 315 | ||
342 | - | (II) AVOID IMPORTANT FISH SPAWNING AREAS , ESPECIALLY | |
343 | - | AREAS WHERE STRIPED BASS OR STURGEON ARE KNOWN TO SPAWN . | |
316 | + | (3) THE DEPARTMENT MAY ENTER INTO AGREEMENTS WITH 21 | |
317 | + | NONPROFIT ORGANIZATI ONS WITH EXPERTISE I N OYSTER SHELL RECYC LING TO 22 | |
318 | + | EXECUTE THE PROVISIO NS OF THIS SECTION . 23 | |
344 | 319 | ||
345 | - | (3) TO THE EXTENT PRACTIC ABLE, SURVEYS CARRIED OUT UNDER | |
346 | - | THIS SUBSECTION SHAL L USE SUB–BOTTOM PROFILING COM BINED WITH PHYSICAL | |
347 | - | SAMPLING TO QUANTIFY THE TOTAL VOLUME OF SUBSURFACE SHELL MAT ERIAL. | |
320 | + | 4–1019.2. 24 | |
348 | 321 | ||
349 | - | (4) (I) FOR FISCAL YEARS 2024 THROUGH 2026, THE GOVERNOR | |
350 | - | SHALL INCLUDE IN THE ANNUAL BUDGET BILL A N APPROPRIATION OF $2,000,000 | |
351 | - | TO THE DEPARTMENT TO FUND THE SURVEYS REQUIRED UNDER THIS SUBSECTION. | |
322 | + | (G) THE DEPARTMENT MAY USE TH E FISHERIES RESEARCH AND 25 | |
323 | + | DEVELOPMENT FUND TO PURCHASE OYST ER SHELLS. 26 | |
352 | 324 | ||
353 | - | (II) THE GOVERNOR SHALL PRIORI TIZE THE USE OF FEDE RAL | |
354 | - | FUNDS FOR APPROPRIAT IONS REQUIRED UNDER THIS PARAGRAPH . | |
325 | + | 4–1102. 27 | |
355 | 326 | ||
356 | - | SECTION 3. AND BE IT FURTHER ENACTED, That: | |
327 | + | (a) The Department may resurvey any submerged area of the State to determine 28 | |
328 | + | the position and extent of any natural oyster bar. 29 | |
357 | 329 | ||
358 | - | (a) The University of Maryland Center for Environmental Science shall | |
359 | - | collaborate with the Smithsonian Environmental Research Center, the Virginia Institute | |
360 | - | of Marine Science, appropriate State and federal agencies, and industry and other | |
361 | - | stakeholders to research evaluate: | |
330 | + | (b) If, after conducting a survey in accordance with subsection (a) of this section, 30 | |
331 | + | the Department finds that any natural oyster bar is located incorrectly on existing charts 31 8 HOUSE BILL 1228 | |
362 | 332 | ||
363 | - | (1) the types of substrate, including fresh shell, fossilized shell, | |
364 | - | combinations of shell, and alternative substrates, that are most appropriate for use in | |
365 | - | oyster harvest areas; | |
366 | 333 | ||
367 | - | ||
368 | - | ||
334 | + | or that the existing charts do not reflect the actual condition of submerged lands, the 1 | |
335 | + | Department shall amend the existing charts or coordinates by regulation. 2 | |
369 | 336 | ||
370 | - | (3) alternative substrates used for oyster restoration or repletion in other | |
371 | - | regions, including the success of efforts to use alternative substrates; and LAWRENCE J. HOGAN, JR., Governor Ch. 30 | |
337 | + | (C) (1) BEGINNING IN FISCAL Y EAR 2024, THE MARYLAND GEOLOGICAL 3 | |
338 | + | SURVEY, IN CONJUNCTION WITH THE UNIVERSITY OF MARYLAND CENTER FOR 4 | |
339 | + | ENVIRONMENTAL SCIENCE, SHALL SURVEY SUBMERG ED AREAS OF THE STATE TO 5 | |
340 | + | MAP EXISTING AND POT ENTIAL OYSTER HABITA TS IN ACCORDANCE W ITH THE 6 | |
341 | + | PROVISIONS OF THIS S UBSECTION. 7 | |
372 | 342 | ||
373 | - | – 9 – | |
343 | + | (2) IN SELECTING SITES FO R SURVEYING UNDER TH IS SUBSECTION, 8 | |
344 | + | THE MARYLAND GEOLOGICAL SURVEY AND THE UNIVERSITY OF MARYLAND 9 | |
345 | + | CENTER FOR ENVIRONMENTAL SCIENCE SHALL: 10 | |
374 | 346 | ||
375 | - | (4) the potential for retrofitting existing structures, such as riprap | |
376 | - | revetments, that are unrelated to oyster restoration but that use materials similar to | |
377 | - | artificial reefs, to include oyster plantings; and | |
347 | + | (I) PRIORITIZE PRIORITIZE: 11 | |
378 | 348 | ||
379 | - | ( | |
349 | + | 1. (I) EASTERN BAY AND ITS TRIBUTARI ES; AND 12 | |
380 | 350 | ||
381 | - | (b) On or before December 1, 2025, the University of Maryland Center for | |
382 | - | Environmental Science shall report to the Secretary of Natural Resources and, in | |
383 | - | accordance with § 2–1257 of the State Government Article, the General Assembly on its | |
384 | - | research findings evaluations under this section. | |
351 | + | 2. (II) PUBLIC FISHERY AREAS WHERE THERE ARE LIKE LY 13 | |
352 | + | TO BE SHALLOWLY BURI ED SHELL DEPOSITS FR OM PREVIOUS REPLETIO N 14 | |
353 | + | ACTIVITIES, IDENTIFIED IN CONSUL TATION WITH THE DEPARTMENT , WHO SHALL 15 | |
354 | + | CONSULT WITH COUNTY OYSTER COMMITTEES , AND COMMERCIAL OYSTER 16 | |
355 | + | HARVESTERS ; AND 17 | |
385 | 356 | ||
386 | - | (c) For fiscal years 2024 and 2025, the Governor shall include in the annual | |
387 | - | budget bill an appropriation of $250,000 for the University of Maryland Center for | |
388 | - | Environmental Science to carry out the research required under this section. | |
357 | + | (II) AVOID IMPORTANT FISH SPAWNING AREAS , ESPECIALLY 18 | |
358 | + | AREAS WHERE STRIPED BASS OR STURGEON ARE KNOWN TO SPAWN . 19 | |
389 | 359 | ||
390 | - | (d) The evaluations undertaken in accordance with this section shall be conducted | |
391 | - | in a manner that is not disruptive to the public oyster fishery, aquaculture, or restoration. | |
360 | + | (3) TO THE EXTENT PRACTIC ABLE, SURVEYS CARRIED OUT UNDER 20 | |
361 | + | THIS SUBSECTION SHAL L USE SUB–BOTTOM PROFILING COMBINED W ITH PHYSICAL 21 | |
362 | + | SAMPLING TO QUANTIFY THE TOTAL VOLUME OF SUBSURFACE SHELL MAT ERIAL. 22 | |
392 | 363 | ||
393 | - | SECTION 4. AND BE IT FURTHER ENACTED, That: | |
364 | + | (4) (I) FOR FISCAL YEARS 2024 THROUGH 2026, THE GOVERNOR 23 | |
365 | + | SHALL INCLUDE IN THE ANNUAL BUDGET BILL A N APPROPRIATION OF $2,000,000 24 | |
366 | + | TO THE DEPARTMENT TO FUND THE SURVEYS REQUIR ED UNDER THIS SUBSEC TION. 25 | |
394 | 367 | ||
395 | - | (a) On or before December 1, 2023, the Department of Natural Resources shall | |
396 | - | submit a plan to the Governor and, in accordance with § 2–1257 of the State Government | |
397 | - | Article, the General Assembly describing the substrate needs for oyster restoration and | |
398 | - | repletion, aquaculture, and restoration activities in the State over the next 10 years. | |
368 | + | (II) THE GOVERNOR SHALL PRIORI TIZE THE USE OF FEDE RAL 26 | |
369 | + | FUNDS FOR APPROPRIAT IONS REQUIRED UNDER THIS PARAGRAPH . 27 | |
399 | 370 | ||
400 | - | | |
371 | + | SECTION 3. AND BE IT FURTHER ENACTED, That: 28 | |
401 | 372 | ||
402 | - | (1) an estimate of the quantity of the substrate materials that will be | |
403 | - | needed and the purposes for which the substrate materials will be used; | |
373 | + | (a) The University of Maryland Center for Enviro nmental Science shall 29 | |
374 | + | collaborate with the Smithsonian Environmental Research Center, the Virginia Institute 30 | |
375 | + | of Marine Science, appropriate State and federal agencies, and industry and other 31 | |
376 | + | stakeholders to research evaluate: 32 | |
377 | + | HOUSE BILL 1228 9 | |
404 | 378 | ||
405 | - | (2) an overview of the full spectrum of substrate materials available; | |
406 | 379 | ||
407 | - | (3) an analysis of the availability, sourcing, and relative cost of each | |
408 | - | substrate material; | |
380 | + | (1) the types of substrate, including fresh shell, fossilized shell, 1 | |
381 | + | combinations of shell, and alternative substrates, that are most appropriate for use in 2 | |
382 | + | oyster harvest areas; 3 | |
409 | 383 | ||
410 | - | (4) an estimate of the total and annual costs of implementing the plan; and | |
384 | + | (2) the benefits, including habitat–related benefits, of using larger stones 4 | |
385 | + | versus smaller stones of various sizes in oyster restoration areas; 5 | |
411 | 386 | ||
412 | - | (5) opportunities for improving the cost–effectiveness of substrate | |
413 | - | acquisition and use, including opportunities for increasing coordination with the | |
414 | - | Commonwealth of Virginia, undertaking larger–scale projects to take advantage of | |
415 | - | economies of scale, and reducing mobilization and demobilization costs. | |
387 | + | (3) alternative substrates used for oyster restoration or repletion in other 6 | |
388 | + | regions, including the success of efforts to use alternative substrates; and 7 | |
416 | 389 | ||
417 | - | SECTION 5. AND BE IT FURTHER ENACTED, That: | |
418 | - | Ch. 30 2022 LAWS OF MARYLAND | |
390 | + | (4) the potential for retrofitting existing structures, such as riprap 8 | |
391 | + | revetments, that are unrelated to oyster restoration but that use materials similar to 9 | |
392 | + | artificial reefs, to include oyster plantings; and 10 | |
419 | 393 | ||
420 | - | – 10 – | |
421 | - | (a) It is the intent of the General Assembly that by 2025, oyster hatcheries in the | |
422 | - | State shall be capable of consistently producing 5 billion larvae or spat–on–shell spat per | |
423 | - | year. | |
394 | + | (5) the effect of spat size upon deployment on oyster abundance. 11 | |
424 | 395 | ||
425 | - | (b) To help reach the goal established under subsection (a) of this section, for | |
426 | - | fiscal year 2024, the Governor shall include in the annual operating or capital budget: | |
396 | + | (b) On or before December 1, 2025, the University of Maryland Center for 12 | |
397 | + | Environmental Science shall report to the Secretary of Natural Resources and, in 13 | |
398 | + | accordance with § 2–1257 of the State Government Article, the General Assembly on its 14 | |
399 | + | research findings evaluations under this section. 15 | |
427 | 400 | ||
428 | - | ( | |
429 | - | for | |
430 | - | ||
401 | + | (c) For fiscal years 2024 and 2025, the Governor shall include in the annual 16 | |
402 | + | budget bill an appropriation of $250,000 for the University of Maryland Center for 17 | |
403 | + | Environmental Science to carry out the research required under this section. 18 | |
431 | 404 | ||
432 | - | (2) an appropriation of $2,500,000 for the Patuxent Environmental and | |
433 | - | Aquatic Research Laboratory, Morgan State University, to be used for infrastructure | |
434 | - | upgrades to support increased oyster production for research and restoration. | |
405 | + | (d) The evaluations undertaken in accordance with this section shall be conducted 19 | |
406 | + | in a manner that is not disruptive to the public oyster fishery, aquaculture, or restoration. 20 | |
435 | 407 | ||
436 | - | SECTION | |
408 | + | SECTION 4. AND BE IT FURTHER ENACTED, That: 21 | |
437 | 409 | ||
438 | - | (a) (1) In recognition of the final report, dated December 1, 2021, of the Oyster | |
439 | - | Advisory Commission’s consensus recommendations, over the next 25 years, a combination | |
440 | - | of replenishment, restoration, and aquaculture activities should be collectively planned and | |
441 | - | undertaken in Eastern Bay, with an equal amount of funding for spat planting in | |
442 | - | sanctuaries ($1,000,000 annually adjusted for inflation) and for spat and shell planting on | |
443 | - | fishery bars ($1,000,000 annually adjusted for inflation) in addition to current | |
444 | - | replenishment and restoration activities. | |
410 | + | (a) On or before December 1, 2023, the Department of Natural Resources shall 22 | |
411 | + | submit a plan to the Governor and, in accordance with § 2–1257 of the State Government 23 | |
412 | + | Article, the General Assembly describing the substrate needs for oyster restoration and 24 | |
413 | + | repletion, aquaculture, and restoration activities in the State over the next 10 years. 25 | |
445 | 414 | ||
446 | - | (2) The effectiveness of the activities under paragraph (1) of this subsection | |
447 | - | shall be evaluated every 5 years. | |
415 | + | (b) The plan shall include: 26 | |
448 | 416 | ||
449 | - | (b) To help reach the goals established under subsection (a) of this section, for | |
450 | - | fiscal years 2024 through 2026, the Governor shall include in the annual operating or | |
451 | - | capital budget an appropriation of $2,000,000 for the Department of Natural Resources. | |
417 | + | (1) an estimate of the quantity of the substrate materials that will be 27 | |
418 | + | needed and the purposes for which the substrate materials will be used; 28 | |
452 | 419 | ||
453 | - | (c) Any funding provided in the operating or capital budgets in accordance with | |
454 | - | subsection (b) of this section after fiscal year 2026 shall be contingent upon the evaluation | |
455 | - | provided for in subsection (a)(2) of this section. | |
420 | + | (2) an overview of the full spectrum of substrate materials available; 29 | |
456 | 421 | ||
457 | - | SECTION 6. 7. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall | |
458 | - | take effect July 1, 2023, and shall be applicable to all taxable years beginning after | |
459 | - | December 31, 2021 2022. | |
422 | + | (3) an analysis of the availability, sourcing, and relative cost of each 30 | |
423 | + | substrate material; 31 | |
460 | 424 | ||
461 | - | | |
462 | - | ||
425 | + | (4) an estimate of the total and annual costs of implementing the plan; and 32 | |
426 | + | 10 HOUSE BILL 1228 | |
463 | 427 | ||
464 | - | Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022. | |
428 | + | ||
429 | + | (5) opportunities for improving the cost–effectiveness of substrate 1 | |
430 | + | acquisition and use, including opportunities for increasing coordination with the 2 | |
431 | + | Commonwealth of Virginia, undertaking larger–scale projects to take advantage of 3 | |
432 | + | economies of scale, and reducing mobilization and demobilization costs. 4 | |
433 | + | ||
434 | + | SECTION 5. AND BE IT FURTHER ENACTED, That: 5 | |
435 | + | ||
436 | + | (a) It is the intent of the General Assembly that by 2025, oyster hatcheries in the 6 | |
437 | + | State shall be capable of consistently producing 5 billion larvae or spat–on–shell spat per 7 | |
438 | + | year. 8 | |
439 | + | ||
440 | + | (b) To help reach the goal established under subsection (a) of this section, for 9 | |
441 | + | fiscal year 2024, the Governor shall include in the annual operating or capital budget: 10 | |
442 | + | ||
443 | + | (1) an appropriation of $20,000,000 for the University of Maryland Center 11 | |
444 | + | for Environmental Science to build a second oyster hatchery, to be named after Michael E. 12 | |
445 | + | Busch, former Speaker of the House of Delegates; and 13 | |
446 | + | ||
447 | + | (2) an appropriation of $2,500,000 for the Patuxent Environmental and 14 | |
448 | + | Aquatic Research Laboratory, Morgan State University, to be used for infrastructure 15 | |
449 | + | upgrades to support increased oyster production for research and restoration. 16 | |
450 | + | ||
451 | + | SECTION 6. AND BE IT FURT HER ENACTED, That: 17 | |
452 | + | ||
453 | + | (a) (1) In recognition of the final report, dated December 1, 2021, of the Oyster 18 | |
454 | + | Advisory Commission’s consensus recommendations, over the next 25 years, a combination 19 | |
455 | + | of replenishment, restoration, and aquaculture activities should be collectively planned and 20 | |
456 | + | undertaken in Eastern Bay, with an equal amount of funding for spat planting in 21 | |
457 | + | sanctuaries ($1,000,000 annually adjusted for inflation) and for spat and shell planting on 22 | |
458 | + | fishery bars ($1,000,000 annually adjusted for inflation) in addition to current 23 | |
459 | + | replenishment and restoration activities. 24 | |
460 | + | ||
461 | + | (2) The effectiveness of the activities under paragraph (1) of this subsection 25 | |
462 | + | shall be evaluated every 5 years. 26 | |
463 | + | ||
464 | + | (b) To help reach the goals established under subsection (a) of this section, for 27 | |
465 | + | fiscal years 2024 through 2026, the Governor shall include in the annual operating or 28 | |
466 | + | capital budget an appropriation of $2,000,000 for the Department of Natural Resources. 29 | |
467 | + | ||
468 | + | (c) Any funding provided in the operating or capital budgets in accordance with 30 | |
469 | + | subsection (b) of this section after fiscal year 2026 shall be contingent upon the evaluation 31 | |
470 | + | provided for in subsection (a)(2) of this section. 32 | |
471 | + | ||
472 | + | SECTION 6. 7. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 33 | |
473 | + | take effect July 1, 2023, and shall be applicable to all taxable years beginning after 34 | |
474 | + | December 31, 2021 2022. 35 | |
475 | + | HOUSE BILL 1228 11 | |
476 | + | ||
477 | + | ||
478 | + | SECTION 7. 8. AND BE IT FURTHER ENACTED, That , except as provided in 1 | |
479 | + | Section 7 of this Act, this Act shall take effect July 1, 2022. 2 | |
480 | + | ||
481 | + | ||
482 | + | ||
483 | + | ||
484 | + | ||
485 | + | Approved: | |
486 | + | ________________________________________________________________________________ | |
487 | + | Governor. | |
488 | + | ________________________________________________________________________________ | |
489 | + | Speaker of the House of Delegates. | |
490 | + | ________________________________________________________________________________ | |
491 | + | President of the Senate. |