EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0727*
HOUSE BILL 727
M1, B5 2lr1781
CF SB 541
By: Delegates Luedtke, D. Barnes, Barve, Beitzel, Belcastro, Bhandari, Boyce,
Brooks, Buckel, Cardin, Carr, Charkoudian, Clippinger, Crosby, Ebersole,
Feldmark, Forbes, Fraser–Hidalgo, Guyton, Henson, Hornberger, Jackson,
D. Jones, R. Jones, Kaiser, Lehman, J. Lewis, Lierman, Love, McIntosh,
McKay, Moon, Palakovich Carr, Qi, Reznik, Ruth, Solomon, Stein, Watson,
and Wilkins
Introduced and read first time: February 3, 2022
Assigned to: Environment and Transportation and Appropriations
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Maryland Park Service and State Parks – Alterations 2
(Great Maryland Outdoors Act) 3
FOR the purpose of repealing the Park Advisory Commission in the Department of Natural 4
Resources and establishing the Parks and Recreation Commission in the 5
Department of Natural Resources to provide oversight of the Maryland Park Service; 6
addressing infrastructure, capacity, and accessibility needs within the Maryland 7
Park Service and State parks, including establishing systems and processes for 8
surveying infrastructure and critical maintenance needs, increasing the number of 9
Maryland Park Service full–time employees, requiring the Department of Budget 10
and Management to conduct certain staff reviews, requiring the Department of 11
Natural Resources to develop a certain capital improvement plan and a 12
comprehensive long–range strategic plan for the Park Service, requiring the 13
Department of Legislative Services to hire an independent consultant to study 14
certain aspects of the Maryland Park Service and State parks, requiring the 15
Department of Natural Resources to adopt certain design principles and make 16
certain considerations relating to the accessibility, inclusivity, and location of State 17
parks, and establishing the Freedman’s State Historical Park; establishing the Park 18
System Critical Maintenance Fund as a special, nonlapsing fund to provide funding 19
for certain critical maintenance projects; requiring interest earnings of the Park 20
System Critical Maintenance Fund to be credited to the Fund; establishing the Park 21
System Capital Improvements and Acquisition Fund as a special, nonlapsing fund 22
to provide funding for certain capital improvement projects and the acquisition of 23
certain land; requiring interest earnings of the Park System Capital Improvements 24
and Acquisition Fund to be credited to the Fund; requiring the Governor, for a certain 25
fiscal year, to include in the annual budget bill an appropriation of a certain amount 26 2 HOUSE BILL 727
to the Rural Legacy Program, the Park System Critical Maintenance Fund, the Park 1
System Capital Improvements and Acquisition Fund, the Maryland Agricultural 2
Land Preservation Fund, and the Maryland Agricultural and Resource –Based 3
Industry Development Corporation; and generally relating to the Maryland Park 4
Service. 5
BY repealing and reenacting, with amendments, 6
Article – Natural Resources 7
Section 5–204 and 5–9A–01 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2021 Supplement) 10
BY adding to 11
Article – Natural Resources 12
Section 5–210.1, 5–220, and 5–221; 5–2A–01 through 5–2A–05 to the under the new 13
subtitle “Subtitle 2A. Maryland Park Service”; and 5–1012 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Agriculture 18
Section 2–505(a) and (b) 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2021 Supplement) 21
BY adding to 22
Article – Agriculture 23
Section 2–505(i) 24
Annotated Code of Maryland 25
(2016 Replacement Volume and 2021 Supplement) 26
BY repealing and reenacting, without amendments, 27
Article – Economic Development 28
Section 10–501(a) and (f) 29
Annotated Code of Maryland 30
(2018 Replacement Volume and 2021 Supplement) 31
BY repealing and reenacting, with amendments, 32
Article – Economic Development 33
Section 10–523(a) 34
Annotated Code of Maryland 35
(2018 Replacement Volume and 2021 Supplement) 36
BY repealing and reenacting, without amendments, 37
Article – State Finance and Procurement 38
Section 6–226(a)(2)(i) 39
Annotated Code of Maryland 40 HOUSE BILL 727 3
(2021 Replacement Volume) 1
BY repealing and reenacting, with amendments, 2
Article – State Finance and Procurement 3
Section 6–226(a)(2)(ii)144. and 145. and 13–109 4
Annotated Code of Maryland 5
(2021 Replacement Volume) 6
BY adding to 7
Article – State Finance and Procurement 8
Section 6–226(a)(2)(ii)146. and 147. 9
Annotated Code of Maryland 10
(2021 Replacement Volume) 11
BY repealing and reenacting, with amendments, 12
Article – Tax – Property 13
Section 13–209(g) 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Labor and Employment 18
Section 9–207 and 9–503 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Tax – General 23
Section 10–209 24
Annotated Code of Maryland 25
(2016 Replacement Volume and 2021 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
Article – Natural Resources 29
5–204. 30
(a) (1) There is a Sustainable Forestry Council in the Department. 31
(2) The purpose of the Council is to advise the Department on all matters 32
related to: 33
(i) Sustainable forestry management in the State; 34
4 HOUSE BILL 727
(ii) The expenditure of funds from the Mel Noland Woodland 1
Incentives Fund under § 5–307 of this title; 2
(iii) Existing regulatory and statutory policies that are perceived as 3
economic barriers to a viable forest products industry; 4
(iv) New markets to enhance forest health, including renewable 5
energy development through biomass energy, to offset fossil fuel consumption and reduce 6
greenhouse gas emissions; 7
(v) Creative strategies to help privately owned forest lands better 8
compete with real estate market values that are driving forest conversion and 9
fragmentation; 10
(vi) The means to promote forest–based economies and processing 11
capability that contribute to economic and employment growth; and 12
(vii) Assigning a nutrient efficiency benefit to forest stewardship 13
plans and other forest conservation management plans that can be measurably tracked and 14
reported by the number of forested acres covered by the plans. 15
(b) [There is a Park Advisory Commission in the Department. 16
(c)] (1) The Sustainable Forestry Council shall have 9 members. 17
(2) Members of the Council shall be appointed by the Governor, with the 18
advice of the Secretary, to serve at the pleasure of the Governor. 19
[(d) (1) The Park Advisory Commission shall have 12 members. 20
(2) Members of the Park Advisory Commission shall be appointed by the 21
Governor, with the advice of the Secretary, to serve at the pleasure of the Governor.] 22
5–210.1. 23
(A) THE DEPARTMENT SHALL COOR DINATE WITH THE DEPARTMENT OF 24
GENERAL SERVICES TO: 25
(1) DEVELOP AN ELECTRONIC ASSET MANAGEMENT SYS TEM FOR ITS 26
INFRASTRUCTURE , INCLUDING: 27
(I) A LIST OF MAINTENANCE PROJECTS AT EACH SIT E; AND 28
(II) THE STATUS OF EACH MAINTENANCE PRO JECT; 29
HOUSE BILL 727 5
(2) DEVELOP A FACILITY CO NDITION INDEX ASSESS MENT PROCESS 1
FOR ALL PARK SERVICE SITES, MODELED AFTER THE NATIONAL PARK SERVICE’S 2
FACILITY CONDITION I NDEX; AND 3
(3) ESTABLISH A DEDICATED ASSET EVALUATION TEA M TO: 4
(I) ASSESS THE CONDITION OF MARYLAND PARK SERVICE 5
SITES; AND 6
(II) UPDATE INDIVIDUAL FAC ILITY CONDITION IND ICES ON AN 7
ONGOING BASIS . 8
(B) WHEN DETERMINING WHET HER TO REPAIR OR REP LACE 9
INFRASTRUCTURE WITH SUSTAINABLE TECHNOLO GY, THE DEPARTMENT SHALL 10
CONSIDER HOW THE REPLACEMENT VALUE OF AN ASSET WI LL CHANGE IF ONLY 11
SUSTAINABLE TECHNOLOGY IS USED , INCLUDING ANY ONGOIN G COST SAVINGS. 12
(C) (1) THE DEPARTMENT SHALL : 13
(I) TAKE INVENTORY OF ALL STATE LAND MANAGED BY THE 14
DEPARTMENT , INCLUDING: 15
1. ACREAGE; 16
2. ANY STRUCTURES ON EAC H PROPERTY; AND 17
3. THE USE OF EACH PROPE RTY; 18
(II) DEVELOP A MAINTENANCE PROJECT PRIORITIZATI ON 19
PROCESS MODELED AFTE R THE NATIONAL PARK SERVICE’S ASSET PRIORITY 20
INDEX; AND 21
(III) DEVELOP AND PUBLISH O N ITS WEBSITE A LIST OF 22
MAINTENANCE PROJECTS IN EVERY UNIT OF THE STATE PARK SYSTEM THA T ARE 23
EXPECTED TO COST MOR E THAN $25,000. 24
(2) (I) THE DEPARTMENT SHALL COND UCT A SYSTEMWIDE 25
SURVEY OF HISTORICAL AND CULTURAL RESOURC ES, INCLUDING AN ESTIMAT ION 26
OF RESTORATION AND MAINTENANCE COSTS . 27
(II) THE DEPARTMENT MAY NOT DE LAY THE PRESERVATION 28
AND RESTORATION OF H ISTORICAL AND CULTUR AL RESOURCES WHILE 29
CONDUCTING THE S YSTEMWIDE SURVEY. 30 6 HOUSE BILL 727
5–220. 1
(A) IN THIS SECTION , “FUND” MEANS THE PARK SYSTEM CRITICAL 2
MAINTENANCE FUND. 3
(B) THERE IS A PARK SYSTEM CRITICAL MAINTENANCE FUND. 4
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR COMPLETING 5
STATE PROJECTS THAT A DDRESS CRITICAL MAIN TENANCE CONCERNS ON LANDS 6
MANAGED BY THE DEPARTMENT FOR PUBLIC PURPOSES. 7
(D) THE SECRETARY S HALL ADMINISTER THE FUND. 8
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 9
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 10
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 11
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 12
(F) THE FUND CONSISTS OF : 13
(1) REVENUE DISTRIBUTED T O THE FUND UNDER § 13–209(G) OF THE 14
TAX – PROPERTY ARTICLE; 15
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 16
(3) INTEREST EARNINGS ; AND 17
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 18
THE BENEFIT OF THE FUND. 19
(G) THE FUND MAY BE USED ONLY FOR STATE PROJECTS THAT A DDRESS 20
CRITICAL MAINTENANCE CONCERNS ON LANDS MA NAGED BY THE DEPARTMENT 21
FOR PUBLIC PURPOSES . 22
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 23
IN THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 24
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 25
THE FUND. 26
HOUSE BILL 727 7
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 1
WITH THE STATE BUDGET . 2
(J) MONEY EXPENDED FROM T HE FUND FOR CRIT ICAL MAINTENANCE IN 3
THE STATE’S PARKS IS SUPPLEMEN TAL TO AND IS NOT IN TENDED TO TAKE THE 4
PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR CRI TICAL 5
MAINTENANCE IN THE STATE’S PARKS. 6
(K) (1) FOR FISCAL YEAR 2024 ONLY, THE GOVERNOR SHALL INCLUD E IN 7
THE ANNUAL BUDGET BI LL A GENERAL FUND APPROPRIATION IN THE AMOUNT OF 8
$80,000,000 TO THE FUND FOR STATE PROJECTS THAT A DDRESS CRITICAL 9
MAINTENANCE CONCERNS ON LANDS MANAGED BY THE DEPARTMENT FOR PUBLIC 10
PURPOSES. 11
(2) THE DEPARTMENT SHALL EXPE ND THE FUND S ALLOCATED 12
UNDER THIS SUBSECTION BEFORE JULY 1, 2026. 13
5–221. 14
(A) IN THIS SECTION , “FUND” MEANS THE PARK SYSTEM CAPITAL 15
IMPROVEMENTS AND ACQUISITION FUND. 16
(B) THERE IS A PARK SYSTEM CAPITAL IMPROVEMENTS AND ACQUISITION 17
FUND. 18
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR: 19
(1) COMPLETING STATE PROJECTS RELATE D TO CAPITAL 20
IMPROVEMENTS ON LAND S MANAGED BY THE DEPARTMENT FOR PUBLIC PURPOSES; 21
AND 22
(2) ACQUIRING LAND TO BE MANAGED BY THE DEPARTMENT FOR 23
PUBLIC PURPOSES . 24
(D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 25
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 26
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 27
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 28
AND THE COMPTROLLER SHALL AC COUNT FOR THE FUND. 29
(F) THE FUND CONSISTS OF : 30 8 HOUSE BILL 727
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 1
(2) INTEREST EARNINGS ; AND 2
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 3
THE BENEFIT OF THE FUND. 4
(G) THE FUND MAY BE USED ONLY FOR: 5
(1) COMPLETING STATE PROJECTS RELATE D TO CAPITAL 6
IMPROVEMENTS ON LAND S MANAGED BY THE DEPARTMENT FOR PUBLIC PURPOSES; 7
AND 8
(2) ACQUIRING LAND TO BE MANAGED BY THE DEPARTMENT FOR 9
PUBLIC PURPOSES . 10
(H) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 11
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 12
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 13
THE FUND. 14
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 15
WITH THE STATE BUDGET . 16
(J) MONEY EXPENDED FROM T HE FUND FOR CAPITAL IMPR OVEMENTS IN 17
THE STATE’S PARKS IS SUPPLEMEN TAL TO AND IS NOT IN TENDED TO TAKE THE 18
PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR CAP ITAL 19
IMPROVEMENTS IN THE STATE’S PARKS AND THE ACQU ISITION OF LAND BY THE 20
DEPARTMENT THAT WILL BE MANAGED FOR PUBLI C PURPOSES. 21
(K) FOR FISCAL YEAR 2024 ONLY, THE GOVERNOR SHALL INCLUD E IN THE 22
ANNUAL BUDGET BILL A GENERAL FUND APPROPRIATION IN THE AMOUNT OF 23
$70,000,000 TO THE FUND TO BE USED AS FO LLOWS: 24
(1) $5,000,000 FOR INFRASTRUCTURE P ROJECTS THAT MITIGAT E 25
THE EFFECTS OF CLIMA TE CHANGE, INCLUDING: 26
(I) FLOOD BARRIERS ; 27
(II) FOREST BUFFERS ; 28
HOUSE BILL 727 9
(III) GREEN SPACES; 1
(IV) BUILDING ELEVATION ; 2
(V) STORMWATER INFRASTRUC TURE; AND 3
(VI) WETLANDS RESTORATION ; 4
(2) $5,000,000 FOR HISTORIC PRESERV ATION; 5
(3) $20,000,000 FOR TRANSPORTATION I MPROVEMENTS , 6
INCLUDING: 7
(I) IMPROVING BIKE LANES AND TRAILS , INCREASING 8
WALKABILITY, AND EXPANDING PARKIN G AVAILABILITY; AND 9
(II) TARGETING TRANSPORTATION INVES TMENTS TO AVOID 10
CAPACITY SHUTDOWNS ; 11
(4) $10,000,000 FOR INCREASING WATER ACCESS, INCLUDING KAYAK 12
AND BOAT LAUNCHES AN D AREAS FOR PICNICKING NEAR WATE R AND SWIMMING ; 13
AND 14
(5) $30,000,000 FOR LAND ACQUISITION , INCLUDING: 15
(I) AREAS IN THE CENTRAL A ND SOUTHERN REGIONS OF THE 16
STATE THAT WILL: 17
1. RELIEVE OVERCROWDING AT EXISTING STATE 18
PARKS; AND 19
2. EXPAND PUBLIC ACCESS TO STATE PARKS AND 20
OUTDOOR RECREATION ; 21
(II) SITES WITH HISTORICAL SIGNIFICANCE TO MINO RITY 22
COMMUNIT IES; AND 23
(III) BEACHFRONT OR WATERFR ONT PROPERTY FOR PUB LIC 24
ACCESS. 25
SUBTITLE 2A. MARYLAND PARK SERVICE. 26
5–2A–01. 27 10 HOUSE BILL 727
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “COMMISSION” MEANS THE PARKS AND RECREATION COMMISSION. 3
(C) “PARK SERVICE” MEANS THE MARYLAND PARK SERVICE. 4
5–2A–02. 5
(A) (1) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL 6
INCREASE THE NUMBER OF FULL–TIME EMPLOYEES IN TH E PARK SERVICE BY 100 7
PERMANENT , CLASSIFIED POSITIONS . 8
(2) EACH STAFF POSITION REQUIRED UNDER PARAG RAPH (1) OF 9
THIS SUBSECTION SHAL L BE ACCOMPANIED BY A SUPPLEMENTAL BUDGE T 10
ALLOCATION TO PROVID E ADEQUATE SUPPORT F OR EACH EMPLOYEE . 11
(3) THE STAFF POSITIONS REQU IRED UNDER PARAGRAPH (1) OF THIS 12
SUBSECTION SHALL INC LUDE: 13
(I) FIVE P OSITIONS IN THE ENGINEERING AND 14
CONSTRUCTION UNIT; 15
(II) FIVE POSITIONS IN THE LAND ACQUISITION AND PLANNING 16
UNIT; AND 17
(III) ONE VOLUNTEER MANAGEM ENT PROGRAM COORDINA TOR. 18
(B) (1) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL : 19
(I) CONDUCT A STA FF ADEQUACY REVIEW O F THE PARK 20
SERVICE EVERY 2 YEARS; AND 21
(II) REPORT ITS FINDINGS T O THE COMMISSION AND , IN 22
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 23
ASSEMBLY. 24
(2) AS A PART OF THE REPO RT UNDER PARAGRAPH (1)(II) OF THIS 25
SUBSECTION, THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL CONS IDER 26
STAFFING GOALS FOR T HE PARK SERVICE. 27
(C) (1) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL : 28 HOUSE BILL 727 11
(I) CONDUCT A STAFF SALAR Y REVIEW OF THE PARK SERVICE 1
EVERY 3 YEARS; AND 2
(II) REPORT ITS FINDINGS T O THE COMMISSION AND , IN 3
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 4
ASSEMBLY. 5
(2) THE SALARY REVIEW REQ UIRED UNDER PARAGRAP H (1)(I) OF 6
THIS SUBSECTION SHAL L FOCUS ON THE GOALS OF IMPROVING : 7
(I) HIRING BY COMPENSATING PARK SERVICE EMPLOYEES AT 8
A LEVEL COMMENSURATE WITH: 9
1. LOCAL PARK SYSTEMS ; 10
2. THE NATIONAL PARK SERVICE; AND 11
3. FOR PARK SERVICE MAINTENANCE P ERSONNEL WHO 12
PERFORM SKILLED AND LICENSED TRADE FUNCT IONS, THE PRIVATE SECTOR; AND 13
(II) RETENTION BY PROMOTIN G UPWARD MOBILITY WI THIN A 14
JOB SERIES. 15
(D) THE DEPARTMENT SHALL RECO GNIZE PARK SERVICE ASSOCIATES AN D 16
FOREST RANGERS, PARK RANGERS, AND WILDLIFE RANGERS AS EMERGENCY 17
SERVICES PERSONNEL . 18
(E) (1) (I) THE DEPARTMENT SHALL I MPLEMENT A VOLUNTEER 19
MANAGEMENT PROGRAM T O STRATEGICALLY MANA GE VOLUNTEER SERVICE S 20
PROVIDED BY INDIVIDU ALS AND STATE PARKS FRIENDS G ROUPS. 21
(II) THE VOLUNTEER MANAGEM ENT PROGRAM IMPLEMEN TED 22
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE MODELED ON T HE 23
NATIONAL PARK SERVICE’S VOLUNTEERS–IN–PARKS PROGRAM . 24
(2) THE VOLUNTEER MANAGEM ENT PROGRAM SHALL BE MANAGED 25
BY A VOLUNTEER PROGR AM MANAGER DEDICATED TO OVERSEEING THE 26
VOLUNTEER MANAGEMENT PROGRAM. 27
(3) THE VOLUNTEER PROGRAM MANAGER SHALL : 28
(I) CONDUCT ANNUAL TRAINI NG FOR STAFF AND VOL UNTEERS; 29 12 HOUSE BILL 727
(II) DEVELOP AND PROMOTE V OLUNTEER OPPORTUNITI ES; 1
(III) PERFORM AUDITS , EVALUATIONS , AND MONITORING TO 2
DETERMINE THE EFFICA CY OF THE VOLUNTEER MANAGEMENT PROGRAM ; AND 3
(IV) DEVELOP AN ANNUAL REPORT ON VOLUNTEER STATISTICS 4
AND IMPACTS. 5
(F) THE DEPARTMENT SHALL EXPA ND ITS WORK WITH PAR K–FOCUSED 6
ORGANIZATIONS TO LEV ERAGE CHARITABLE FUN DING FOR PARK ENHANC EMENTS. 7
5–2A–03. 8
(A) (1) THERE IS A PARKS AND RECREATION COMMISSION IN THE 9
DEPARTMENT . 10
(2) THE PURPOSE OF THE COMMISSION IS TO PROV IDE OVERSIGHT 11
OF THE PARK SERVICE. 12
(B) THE COMMISSION SHALL CONS IST OF THE FOLLOWING MEMBERS: 13
(1) A CHAIR, APPOINTED JOINTLY BY THE PRESIDENT OF THE 14
SENATE AND THE SPEAKER OF THE HOUSE; 15
(2) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY 16
THE PRESIDENT OF THE SENATE; 17
(3) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY 18
THE SPEAKER OF THE HOUSE; AND 19
(4) FOUR MEMBERS , APPOINTED BY THE GOVERNOR, WHO REFLECT 20
THE RACIAL, GENDER, ETHNIC, AND GEOGRAPHIC DIVER SITY OF THE STATE. 21
(C) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL PROVID E STAFF 22
FOR THE COMMISSION. 23
(D) THE DEPARTMENT SHALL ANNU ALLY PROVIDE THE COMMISSION WITH 24
A BRIEFING ON THE ST ATUS OF THE PARK SERVICE AND PARK SYST EM, INCLUDING: 25
(1) THE NUMBER OF ANNUAL CAPACITY CLOSURES , LISTED BY 26
LOCATION; 27
HOUSE BILL 727 13
(2) THE CRITICAL MAINTENA NCE BACKLOG ; 1
(3) VACANT STAFF POSITION S; AND 2
(4) ANY OTHER INFOR MATION: 3
(I) RELATED TO THE FUNCTI ONING OF THE PARK SERVICE; OR 4
(II) REQUESTED BY THE MEMB ERS OF THE COMMISSION. 5
(E) THE COMMISSION SHALL MEET QUARTERLY TO REVIEW THE STATUS OF 6
THE PARK SERVICE. 7
(F) (1) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 8
THEREAFTER , THE COMMISSION SHALL SUBM IT A REPORT TO THE SENATE BUDGET 9
AND TAXATION COMMITTEE, THE SENATE EDUCATION, HEALTH, AND 10
ENVIRONMENTAL AFFAIRS COMMITTEE, THE HOUSE APPROPRIATIONS 11
COMMITTEE, AND THE HOUSE ENVIRONMENT AND TRANSPORTATION COMMITTEE 12
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 13
(2) THE REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 14
SUBSECTION SHALL INC LUDE THE COMMISSION’S: 15
(I) FINDINGS ON THE STATU S OF THE PARK SERVICE; AND 16
(II) RECOMMENDATIONS ON HOW THE GENERAL ASSEMBLY 17
CAN SUPPORT THE PARK SERVICE. 18
5–2A–04. 19
(A) (1) ON OR BEFORE DECEMBER 1, 2023, AND EVERY 5 YEARS 20
THEREAFTER , THE DEPARTMENT SHALL DEVE LOP AND PUBLISH A 5–YEAR CAPITAL 21
IMPROVEMENT PLAN FOR THE PARK SERVICE. 22
(2) IN DEVELOPING T HE CAPITAL IMPROVEMENT PLAN, THE 23
DEPARTMENT SHALL , IN COORDINATION WITH THE COMMISSION, ANNUALLY HOLD 24
AT LEAST ONE PUBLIC HEARING WITH THE OPP ORTUNITY FOR PUBLIC COMMENT. 25
(3) THE 5–YEAR CAPITAL IMPROVEMENT PLAN SHALL INCLUDE : 26
(I) A LIST OF ALL OUTSTANDING CRITICAL MAINTENANCE 27
PROJECTS AND THE PRO JECTED COST OF EACH PROJECT; 28
14 HOUSE BILL 727
(II) A PRIORITIZATION OF CR ITICAL MAINTENANCE P ROJECTS 1
AND AN EXPLANATION O F THE PROCESS FOR PR IORITIZING THE PROJE CTS; AND 2
(III) SCORING AND RANKING F OR EACH CRITICA L MAINTENANCE 3
PROJECT, AS DETERMINED BY THE PRIORITIZATION PROCE SS. 4
(4) THE 5–YEAR CAPITAL IMPROVEMENT PLAN SHALL INCLUDE TH E 5
INFORMATION REQUIRED UNDER PARAGRAPH (3) OF THIS SUBSECTION 6
DISAGGREGATED BY REG ION. 7
(B) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL HIRE A N 8
INDEPENDENT CONSULTA NT TO CONDUCT AN IND EPENDENT STUDY OF : 9
(I) WHETHER THE PARK SERVICE IS PRODUCING OUTCOMES 10
CONSISTENT WITH ITS MISSION; 11
(II) THE VISITOR EXPERIENC E FOR STATE PARKS, INCLUDING: 12
1. PARKING AVAILABILITY ; 13
2. CLEANLINESS; AND 14
3. WHETHER FACILITIES , AMENITIES, OR AREAS ARE 15
CLOSED, INCLUDING WHETHER TH E CLOSURES ARE DUE T O DEFERRED 16
MAINTENANCE ; AND 17
(III) HOW FUNDING CAN BE US ED TO ENABLE THE PARK 18
SERVICE TO PRODUCE OU TCOMES CONSISTENT WI TH ITS MISSION. 19
(2) ON OR BEFORE DECEMBER 1, 2023, THE INDEPENDENT 20
CONSULTANT SHALL SUB MIT A REPORT ON ITS FINDINGS AND RECOMME NDATIONS 21
TO THE COMMISSION. 22
(C) THE DEPARTMENT SHALL: 23
(1) RECOGNIZE AS A FORMAL POLICY THAT THE STATE’S FORESTS, 24
TREES, AND WETLANDS ARE A MAJOR TOOL FOR ADDRESSING CLIMATE CHANGE 25
WITH REGARD TO MITIG ATION, ADAPTATION, AND RESILIENCY ; AND 26
(2) REQUIRE ALL PARK SERVICE PROJECTS TO C ONTRIBUTE, TO THE 27
EXTENT POSSIBLE , TO THE IMPROVEMENT O F LOCAL WATER QUALIT Y. 28
HOUSE BILL 727 15
(D) (1) THE PARK SERVICE SHALL ADOPT U NIVERSAL DESIGN 1
PRINCIPLES IN ITS PR OGRAMMING AND AMENIT IES TO ENSURE MAXIMU M ACCESS 2
BY ALL PEOPLE, INCLUDING PEOPLE WIT H DISABILITIES AND S ENIORS. 3
(2) TO ENSURE ACCESSIBILI TY FOR INDIVIDUALS W HO ARE DEAF , 4
BLIND, OR BOTH, THE PARK SERVICE WEBSITE AND A LL OTHER DIGITAL OUT REACH 5
PLATFORMS SHALL ADHE RE TO WEB CONTENT ACCESSIBILITY GUIDELINES 2.1 6
AND SECTION 508 OF THE AMERICANS WITH DISABILITIES ACT. 7
(E) (1) THE DEPARTMENT ’S DECISIONS RELATED TO THE LOCATION AND 8
ESTABLISHMENT OF NE W STATE PARKS OR AMENIT IES SHALL TARGET ARE AS: 9
(I) IDENTIFIED BY THE DEPARTMENT ’S PARK EQUITY TOOL A S 10
IN NEED OF RECREATIO NAL OPPORTUNITIES ; OR 11
(II) THAT WOULD RELIEVE OV ERCROWDING IN EXISTI NG STATE 12
PARKS THAT HAVE CONS ISTENTLY HAD TO CLOS E TO THE PUBLIC DUE TO CAPACI TY 13
RESTRICTIONS . 14
(2) THE DEPARTMENT SHALL CONS IDER THE CULTURAL AN D 15
ECOLOGICAL CARRYING CAPACITIES OF STATE PARK AREAS WHEN EXAMINING THE 16
DEVELOPMENT OF NEW A MENITIES IN EXISTING STATE PARKS. 17
(3) THE DEPARTMENT ’S DECISIONS RELATED TO THE 18
ESTABLISHMENT OF STATE HISTORICAL PARK S OR OTHER UNITS THA T PRESERVE 19
AND INTERPRET THE ST ORY OF HISTORICALLY UNDERSERVED , MINORITY, AND 20
OTHER UNDERREPRESENT ED COMMUNITIES SHALL BE MADE: 21
(I) IN COORDINATION WITH THE COMMISSION; AND 22
(II) WITH INPUT FROM GROUP S ACTIVE IN THE PRES ERVATION 23
OF HISTORICAL SITES OF UNDERREPRESENTED COMMUNITIES . 24
5–2A–05. 25
(A) THE DEPARTMENT SHALL : 26
(1) DEVELOP AND PUBLISH A COMPREHENSIVE LONG–RANGE 27
STRATEGIC PLAN BY DECEMBER 1, 2023; AND 28
(2) UPDATE THE COMPREHENSIVE LONG–RANGE STRATEGIC PLAN 29
EVERY 5 YEARS TO REFLECT MAJ OR GOALS AND PROGRES S TOWARD MEETING 30
THOSE GOALS. 31 16 HOUSE BILL 727
(B) THE COMPREHENSIVE LONG–RANGE STRATEGIC PLAN SHALL 1
INCLUDE: 2
(1) THE FEASIBILITY OF: 3
(I) ESTABLISHING NEW STATE PARKS; AND 4
(II) DEVELOPING NEW AMENIT IES IN CURRENT STATE PARKS, 5
INCLUDING: 6
1. TRAILS; 7
2. WATER ACCESS; 8
3. PARKING AREAS ; AND 9
4. OTHER CAPITAL IMPROVE MENTS THAT INCREASE 10
PARK CAPACITY ; 11
(2) NEW STATE HISTORICAL PARK S OR OTHER UNITS THA T 12
PRESERVE AND INTERPR ET THE STORY OF MINO RITIES AND OTHER 13
UNDERREPRESENTED COM MUNITIES; 14
(3) A MULTILATERAL , WHOLE–SYSTEM PLAN FOR OUTD OOR 15
RECREATION IN THE STATE, INCLUDING: 16
(I) THE RESULTS OF ANY CO ORDINATION BETWEEN T HE 17
DEPARTMENT AND COUNTY , MUNICIPAL, AND FEDERAL PARK SYS TEMS TO 18
INCREASE TRAIL CONNE CTIVITY BETWEEN PARK SYSTEMS; AND 19
(II) AN ECONOMIC PLAN DEVE LOPED BY THE DEPARTMENT IN 20
CONSULTATION WITH : 21
1. THE OFFICE OF OUTDOOR RECREATION; 22
2. THE PARK SERVICE’S BUSINESS MANAGER ; 23
3. COUNTY TOURISM ENTITI ES AND ECONOMIC 24
DEVELOPMENT OFFICES ; 25
4. THE MARYLAND MUNICIPAL LEAGUE; 26
HOUSE BILL 727 17
5. THE MARYLAND ASSOCIATION OF COUNTIES; AND 1
6. THE OUTDOOR RECREATION ROUNDTABLE ; 2
(4) THE FEASIBILITY OF EX PANDING THE DAY –USE RESERVATION 3
SYSTEM BEYOND THE FALLING BRANCH AREA OF ROCKS STATE PARK TO ALL 4
PARKS EXPERIENCING C APACITY SHUTDOWNS , INCLUDING CONSIDERAT IONS ON 5
HOW THE EXPANSION OF THE DAY–USE RESERVATION SYST EM MAY IMPACT STATE 6
PARK VISITORS IN TER MS OF EQUITY AND ACC ESS; 7
(5) AN ANALYSIS OF HOW TH E DEPARTMENT CAN INTEGR ATE 8
INFRASTRUCTURE MESSA GING WITH THE NATIONAL PARK SERVICE AND LOCAL 9
GOVERNMENTS , INCLUDING THE DEVELO PMENT AND MAINTENANC E OF A 10
COORDINATED WEBSITE AND DIGITAL APPLICAT ION THAT PROVIDES IN FORMATION 11
ON: 12
(I) WHERE PARKS AND OPEN SPACES ARE LOCATED ; 13
(II) AVAILABLE AMENITIES ; AND 14
(III) REAL–TIME INFORMATION ON THE OPERATIONAL STAT US 15
OF A PARK, INCLUDING CAPACITY ; 16
(6) LONG–TERM MEASURES TO : 17
(I) RECRUIT AND RETAIN PE OPLE OF COLOR AND BI LINGUAL 18
STAFF INTO PARK SERVICE POSITIONS ; AND 19
(II) PROVIDE ONGOING UPDAT ES ON EFFORTS TO REC RUIT AND 20
RETAIN A DIVERSE PARK SERVICE WORKFORCE ; 21
(7) DETAILS AND UPDATES O N THE DEVELOPMENT OF PROGRAMS IN 22
COLLABORATION WITH THE STATE’S HISTORICALLY BLACK COLLEGES AND 23
UNIVERSITIES THAT ARE : 24
(I) MODELED ON THE CADET PROGRAMS IMPLEMENTED BY 25
THE NATIONAL PARK SERVICE; AND 26
(II) FOCUSED ON CREATING A PIPELINE OF NEW RANG ERS AND 27
OTHER FULL–TIME STAFF FROM AMONG VOLUNTEERS , THE STATE FOSTER YOUTH 28
SYSTEM, AND HISTORICALLY UND ERSERVED COMMUNITIES ; AND 29
(8) THE RESULTS OF: 30 18 HOUSE BILL 727
(I) IMPLEMENTING A VOLUNT EER MANAGEMENT PROGR AM 1
UNDER § 5–2A–02(E) OF THIS SUBTITLE; 2
(II) LEVERAGING CHARITABLE FUNDING FOR PARK 3
ENHANCEMENTS UNDER § 5–2A–02(F) OF THIS SUBTITLE; AND 4
(III) ANY COLLABORATION BET WEEN THE DEPARTMENT AND 5
THE DEPARTMENT OF TRANSPORTATION AND LO CAL TRANSPORTATION A GENCIES 6
TO IMPROVE BICYCLE , SIDEWALK, AND TRAIL ACCESS TO STATE PARKS. 7
5–9A–01. 8
(a) The General Assembly declares that: 9
(1) Sprawl development and other modifications to the landscape in 10
Maryland continue at an alarming rate, consuming land rich in natural resource, 11
agricultural, and forestry value, adversely affecting water quality, wetlands and habitat, 12
threatening resource–based economies and cultural assets, and rending the fabric of rural 13
life; 14
(2) Current State, county, and local land conservation programs help to 15
limit the effect of sprawl development but lack sufficient funding and focus to preserve key 16
areas before escalating land values make their protection impossible or the land is lost to 17
development; and 18
(3) A grant program that leverages available funding, focuses on 19
preservation of strategic resources, including those resources threatened by sprawl 20
development, streamlines real property acquisition procedures to expedite land 21
preservation, takes advantage of innovative preservation techniques such as transferable 22
development rights and the purchase of development rights, and promotes a greater level 23
of natural and environmental resources protection than is provided by existing efforts, will 24
establish a rural legacy for future generations. 25
(b) (1) A Rural Legacy Program is established to enhance natural resource, 26
agricultural, forestry, and environmental protection as provided in subsection (a) of this 27
section while maintaining the viability of resource–based land usage and proper 28
management of tillable and wooded areas through accepted agricultural and silvicultural 29
practices for farm production and timber harvests. 30
(2) The Program provides funds to the local governments and land trusts 31
to purchase interests in real property from willing sellers, including easements, 32
transferable development rights, and fee estates, focused in designated Rural Legacy 33
Areas. 34
HOUSE BILL 727 19
(3) The Program shall encourage partnerships among the federal, State, 1
and local governments, and nonprofit land trust organizations and encourage local land 2
conservation initiatives. 3
(4) The Program is administered by a Rural Legacy Board in the 4
Department of Natural Resources, an advisory committee, and existing State staff. 5
(c) The Program is funded: 6
(1) Pursuant to § 13–209 of the Tax – Property Article and § 5–903(a)(2)(iii) 7
of this title; [and] 8
(2) By the proceeds from the sale of general obligation bonds as provided 9
in § 5–9A–09 of this subtitle; AND 10
(3) BY MONEY APPROPRIATED IN THE STATE BUDGET TO THE 11
PROGRAM. 12
(d) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 13
ANNUAL BUDGET BILL AN APPROPRIATION OF $5,444,127 TO THE PROGRAM. 14
(E) When negotiating and awarding grants, the Board shall encourage sponsors 15
to utilize zero coupon bonds in the implementation of the Rural Legacy Plan in order to 16
reduce the utilization of general obligation bonds in funding the grants. 17
5–1012. 18
(A) IN THIS SECTION, “PARTNERSHIP PARK ” MEANS A UNIT OF THE STATE 19
PARK SYSTEM MANAGED BY THE DEPARTMENT IN PARTNER SHIP WITH A LOCAL 20
GOVERNMENT , A BICOUNTY AGENCY , OR A NONPROFIT ORGANIZATI ON. 21
(B) (1) THE DEPARTMENT SHALL ESTA BLISH THE FREEDMAN’S STATE 22
HISTORICAL PARK AS A PARTNERSHIP PARK T HAT SEEKS TO EDUCATE THE PUBLIC 23
ABOUT AND PRESERVE AND INT ERPRET THE LIVES AND EXPERI ENCES OF BLACK 24
AMERICANS BOTH BEFORE AND AFTER THE ABOLIT ION OF SLAVERY. 25
(2) FREEDMAN’S STATE HISTORICAL PARK SHALL BE HELD BY THE 26
STATE AS A STATE PARK UNDER THE PROTECTION AND ADMIN ISTRATION OF THE 27
DEPARTMENT . 28
(C) THE PARK SHALL CONSIST OF PROPERTIES IN NORTHEASTERN 29
MONTGOMERY COUNTY IN OR NEAR THE COMMUNITIES OF BROOKEVILLE, OLNEY, 30
SANDY SPRING, ZION, AND LAYTONSVILLE THAT ARE: 31
20 HOUSE BILL 727
(1) OWNED BY THE STATE AND DESIGNATED BY THE DEPARTMENT AS 1
PART OF THE PARK ; AND 2
(2) (I) OWNED BY A LOCAL GOVERNMENT , A BICOUNTY AGENCY , 3
OR A NONPROFIT ORGANIZATI ON; AND 4
(II) DESIGNATED AS PART OF THE PARK BY A PARTNERSHIP 5
AGREEMENT BETWEEN TH E OWNER OF THE PROPERTY AND THE STATE. 6
(D) (1) THE DEPARTMENT SHALL ESTA BLISH A STAKEHOLDER ADVISORY 7
COMMITTEE TO ADVI SE THE DEPARTMENT ON THE SCO PE AND MANAGEMENT OF 8
THE PARK. 9
(2) THE STAKEHOLDER ADVISORY COMMITTEE SHALL CONSIST OF 10
THE FOLLOWING MEMBER S: 11
(I) A REPRESENTATIVE OF MONTGOMERY PARKS, 12
DESIGNATED BY MONTGOMERY PARKS’ DIRECTOR OF PARKS; 13
(II) A REPRESENTATIVE OF THE HERITAGE TOURISM 14
ALLIANCE OF MONTGOMERY COUNTY, DESIGNATED BY THE ALLIANCE’S 15
EXECUTIVE DIRECTOR; 16
(III) A REPRESENTATIVE OF TH E SANDY SPRING SLAVE 17
MUSEUM, DESIGNATED BY THE MUSEUM’S DIRECTOR; 18
(IV) A REPRESENTATIVE OF TH E SANDY SPRING MUSEUM, 19
DESIGNATED BY THE MUSEUM’S PRESIDENT; AND 20
(V) ANY OTHER MEMBERS AS DETERMINED BY THE 21
DEPARTMENT . 22
(3) TO THE EXTENT PRACTIC ABLE, THE STAKEHOLDER ADVIS ORY 23
COMMITTEE SHALL REFL ECT THE DIVERSITY OF NORTHEASTERN MONTGOMERY 24
COUNTY. 25
(E) ON OR BEFORE JANUARY 1, 2023, THE DEPARTMENT SHALL SUBM IT A 26
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 27
STATE GOVERNMENT ARTICLE, ON: 28
(1) PROPERTY OWNED BY THE STATE IN NORTHEASTERN 29
MONTGOMERY COUNTY THAT IS SUITABLE FOR INCLUSI ON IN FREEDMAN’S STATE 30
HISTORICAL PARK; 31 HOUSE BILL 727 21
(2) PROPERTY OWNED BY A LOCAL GOVERNMENT , A BICOUNTY 1
AGENCY, OR A NONPROFIT ORGANIZATI ON IN NORTHEASTERN MONTGOMERY 2
COUNTY THAT IS SUITABLE FOR INCLUSI ON IN THE PARK AND FOR WHICH THE 3
LANDOWNERS ARE WILLI NG TO ENTER INTO A PARTNERSHI P AGREEMENT ; AND 4
(3) THE FUNDING NE EDED TO ESTABLISH AN D PROMOTE THE PARK . 5
Article – Agriculture 6
2–505. 7
(a) The Maryland Agricultural Land Preservation Fund is created and continued 8
for the purposes specified in this subtitle. 9
(b) The Maryland Agricultural Land Preservation Fund shall comprise: 10
(1) Any money made available to the Fund by general or special fund 11
appropriations; 12
(2) Any money made available to the Fund by grants or transfers from 13
governmental or private sources; and 14
(3) Any money received under § 2–513(c) of this subtitle. 15
(I) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 16
ANNUAL BUDGET BILL A N APPROPRIATION OF $18,564,469 TO THE FUND. 17
Article – Economic Development 18
10–501. 19
(a) In this subtitle the following words have the meanings indicated. 20
(f) “Corporation” means the Maryland Agricultural and Resource –Based 21
Industry Development Corporation. 22
10–523. 23
(a) (1) The Corporation may receive annual funding through an appropriation 24
in the State budget. 25
(2) The Corporation may also receive money for projects included in the 26
budgets of State units. 27
22 HOUSE BILL 727
(3) (i) To assist the Corporation in complying with subsection (c) of this 1
section, the Governor shall include each year in the State budget bill an appropriation to 2
the Corporation for rural business development and assistance as follows: 3
1. for fiscal year 2021, $2,875,000; and 4
2. for each of the fiscal years 2022 through 2025, $2,735,000. 5
(ii) 1. [In] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 6
OF THIS SUBPARAGRAPH , IN addition to any money provided under subparagraph (i) of 7
this paragraph, the Governor may include each year in the State budget bill an 8
appropriation to the Corporation in an amount not exceeding $5,000,000 for rural land 9
acquisition and easement programs, including programs to assist young and beginning 10
farmers. 11
2. FOR FISCAL YEAR 2024, THE GOVERNOR SHALL 12
INCLUDE IN THE ANNUA L BUDGET BILL A GENERAL FUND APPROPRIATION IN THE 13
AMOUNT OF $10,000,000 TO THE CORPORATION FOR THE NEXT GENERATION 14
FARMLAND ACQUISITION PROGRAM. 15
Article – State Finance and Procurement 16
6–226. 17
(a) (2) (i) Notwithstanding any other provision of law, and unless 18
inconsistent with a federal law, grant agreement, or other federal requirement or with the 19
terms of a gift or settlement agreement, net interest on all State money allocated by the 20
State Treasurer under this section to special funds or accounts, and otherwise entitled to 21
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 22
Fund of the State. 23
(ii) The provisions of subparagraph (i) of this paragraph do not apply 24
to the following funds: 25
144. the Health Equity Resource Community Reserve Fund; 26
[and] 27
145. the Access to Counsel in Evictions Special Fund; 28
146. THE PARK SYSTEM CRITICAL MAINTENANCE FUND; 29
AND 30
147. THE PARK SYSTEM CAPITAL IMPROVEMENTS AND 31
ACQUISITION FUND. 32
13–109. 33 HOUSE BILL 727 23
(a) In this section, “small procurement” means a procurement for which: 1
(1) a unit spends $50,000 or less; 2
(2) a contractor provides services subject to § 11–202(3) of this article for 3
expected annual revenues of $50,000 or less; 4
(3) the Department of General Services or the Department of 5
Transportation is seeking to award a procurement contract for a construction with a value 6
that is $100,000 or less; [or] 7
(4) THE DEPARTMENT OF NATURAL RESOURCES IS SEEKING TO 8
AWARD A PROCUREMENT CONTRACT FOR CAPITAL PROJECTS OR MAINTENA NCE 9
WITH A VALUE THAT IS $100,000 OR LESS; OR 10
(5) for purposes of administering Title 29, Subtitle 1 of the State Personnel 11
and Pensions Article, the State Retirement Agency spends $50,000 or less during a fiscal 12
year for: 13
(i) expenses related to independent medical evaluations by a 14
physician; and 15
(ii) any expenses related to testimony by the physician at 16
administrative hearings on behalf of the Agency. 17
(b) A unit may make small procurements in accordance with the regulations of 18
primary procurement units. 19
(c) A primary procurement unit may not create a small procurement by artificial 20
division of a procurement. 21
(d) Any regulation of a primary procurement unit to govern small procurements: 22
(1) shall provide for a simplified administrative procedure; 23
(2) shall be consistent with the basic intent of this Division II; and 24
(3) may not be disadvantageous economically to the State. 25
(e) At least every 3 years, the Board shall: 26
(1) review the prevailing costs of labor and materials; and 27
(2) if warranted by changes in cost, recommend to the General Assembly 28
appropriate adjustments in the ceiling for a small procurement. 29 24 HOUSE BILL 727
Article – Tax – Property 1
13–209. 2
(g) (1) [(i) For each of fiscal years 2018, 2019, 2020, 2021, and 2022, the 3
Governor shall include in the budget bill a General Fund appropriation in the amount of 4
$2,500,000 to the Maryland Agricultural and Resource–Based Industry Development 5
Corporation for the Next Generation Farmland Acquisition Program authorized under § 6
10–523(a)(3)(ii) of the Economic Development Article. 7
(ii) The appropriation required under subparagraph (i) of this 8
paragraph: 9
1. represents reimbursement for 13.9% of the cumulative 10
amount appropriated or transferred from the special fund to the General Fund for fiscal 11
year 2006; and 12
2. is not subject to the provisions of subsections (a) through 13
(f) of this section. 14
(2) (i) 1. The Governor shall include in the annual budget bill for 15
fiscal year 2021 a General Fund appropriation to the special fund in the amount of 16
$5,690,501.] 17
[2.] (I) The Governor shall include in [each of] the annual 18
budget [bills] BILL for fiscal [years 2022 and] YEAR 2023 a General Fund appropriation to 19
the special fund in the amount of $12,500,000. 20
[3. The Governor shall include in the annual budget bill for 21
fiscal year 2024 a General Fund appropriation to the special fund in the amount of 22
$6,809,499.] 23
(ii) The [appropriations] APPROPRIATION required under 24
subparagraph (i) of this paragraph: 25
1. [are] IS not subject to the provisions of subsections (a), (b), 26
(c), and (f) of this section; 27
2. shall be allocated as provided in subsection (d) of this 28
section and § 5–903 of the Natural Resources Article; and 29
3. shall be reduced by the amount of any appropriation from 30
the General Fund to the special fund that: 31
HOUSE BILL 727 25
A. exceeds the required appropriation under this paragraph; 1
and 2
B. is identified as an appropriation for reimbursement under 3
this paragraph. 4
[(3)] (2) (i) [1.] The Governor shall include in [each of] the annual 5
budget [bills] BILL for fiscal year [2019 and fiscal years] 2023 [through 2026] a General 6
Fund appropriation to the special fund in the amount of $6,000,000 [and for fiscal year 7
2027 a General Fund appropriation to the special fund in the amount of $4,000,000] for 8
park development and the critical maintenance of State projects located on lands managed 9
by the Department of Natural Resources for public purposes. 10
[2. The Governor shall include in the annual budget bill for 11
fiscal year 2022 only a General Fund appropriation to the special fund in the amount of 12
$21,930,475 for the critical maintenance of State projects located on lands managed by the 13
Department of Natural Resources for public purposes.] 14
(ii) The [appropriations] APPROPRIATION required under 15
subparagraph (i) of this paragraph: 16
1. [are] IS not subject to the provisions of subsections (a), (b), 17
(c), and (f) of this section; AND 18
2. [shall be made until the cumulative total amount 19
appropriated under subparagraph (i) of this paragraph is equal to $55,930,475; and 20
3.] shall be reduced by the amount of any appropriation from 21
the General Fund to the special fund that: 22
A. exceeds the required appropriation under this paragraph; 23
B. is identified as an appropriation for reimbursement under 24
this paragraph; and 25
C. supplements rather than supplants the Department of 26
Natural Resources funding for the critical maintenance of State projects on State lands, 27
based on the average critical maintenance budget of the 10 years preceding the 28
appropriation. 29
[(4)] (3) (i) 1. [Subject to subparagraph (ii) of this paragraph, the 30
Governor shall appropriate from the General Fund to the special fund $119,800,225, which 31
equals the cumulative amount of the appropriations or transfers from the special fund to 32
the General Fund for fiscal years 2016, 2017, and 2018, less $104,365,475. 33
26 HOUSE BILL 727
2. For fiscal year 2022 only, the Governor shall include in the 1
annual budget bill a General Fund appropriation in the amount of $1,200,000 to the State 2
Lakes Protection and Restoration Fund established under § 8–205 of the Natural Resources 3
Article to be used only to fund a pilot dredging project at Deep Creek Lake, which is not 4
required to be matched by local funds. 5
3.] For [each of] fiscal [years] YEAR 2023, [2024, 2025, 2026, 6
and 2027,] the Governor shall include in the annual budget bill a General Fund 7
appropriation in the amount of $2,500,000 to the Maryland Agricultural and 8
Resource–Based Industry Development Corporation for the Next Generation Farmland 9
Acquisition Program authorized under § 10–523(a)(3)(ii) of the Economic Development 10
Article. 11
[4.] 2. For fiscal year 2025 only, the Governor shall include in 12
the annual budget bill a General Fund appropriation in the amount of $2,735,000 to the 13
Maryland Agricultural and Resource –Based Industry Development Corporation 14
established under Title 10, Subtitle 5 of the Economic Development Article to be used as 15
follows: 16
A. $2,300,000 to support the Corporation’s rural business 17
loan programs and small matching grant programs; and 18
B. $435,000 for grants and near–equity investments to: 19
I. support the creation or expansion of agricultural product 20
aggregation and storage sites; and 21
II. facilitate participation in the Certified Local Farm 22
Enterprise Program. 23
(ii) [The Governor shall appropriate at least: 24
1. $8,230,475 on or before June 30, 2022; 25
2. an additional $37,986,900 on or before June 30, 2026; 26
3. an additional $48,221,900 on or before June 30, 2030; and 27
4. an additional $25,360,950 on or before June 30, 2031. 28
(iii)] The appropriations required under [subparagraphs] 29
SUBPARAGRAPH (i) [and (ii)] of this paragraph: 30
1. [represent reimbursement for the cumulative amount of 31
any appropriation or transfer from the special fund to the General Fund for fiscal years 32
2016, 2017, and 2018, less $104,365,475; 33 HOUSE BILL 727 27
2.] are not subject to the provisions of subsections (a), (b), (c), 1
and (f) of this section; 2
[3.] 2. Shall be allocated as provided in subsection (d) of this 3
section and § 5–903 of the Natural Resources Article; AND 4
[4. Shall be made until the cumulative total appropriated 5
under subparagraphs (i) and (ii) of this paragraph is equal to the cumulative amount of any 6
appropriation or transfer from the special fund to the General Fund for fiscal years 2016, 7
2017, and 2018, less $104,365,475; and] 8
[5.] 3. shall be reduced by the amount of any appropriation 9
from the General Fund to the special fund that: 10
A. exceeds the required appropriation under this paragraph; 11
and 12
B. is identified as an appropriation for reimbursement under 13
this paragraph. 14
Article – Labor and Employment 15
9–207. 16
(a) A PARK SERVICES ASSOCI ATE, A FOREST RANGER, A PARK RANGER, A 17
WILDLIFE RANGER , A registered crew member, a paid law enforcement employee, or an 18
individual engaged for fire fighting by the Department of Natural Resources is a covered 19
employee. 20
(b) Notwithstanding § 9–203 of this subtitle, an individual engaged for fire 21
fighting who otherwise would be a covered employee under subsection (a) of this section is 22
a covered employee even if the fire fighting takes place outside of the State. 23
(c) Notwithstanding § 9–205 of this subtitle, an individual who otherwise would 24
be a covered employee under subsection (a) of this section is a covered employee even if 25
engaged temporarily or part time. 26
(d) For the purpose of this title, the Department of Natural Resources is the 27
employer of an individual who is a covered employee under this section. 28
9–503. 29
(a) A PARK SERVICES ASSOCI ATE, FOREST RANGER, PARK RANGER, 30
WILDLIFE RANGER , paid firefighter, paid fire fighting instructor, paid rescue squad 31
member, paid advanced life support unit member, or sworn member of the Office of the 32 28 HOUSE BILL 727
State Fire Marshal employed by an airport authority, a county, a fire control district, a 1
municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, 2
volunteer rescue squad member, or volunteer advanced life support unit member who is a 3
covered employee under § 9–234 of this title is presumed to have an occupational disease 4
that was suffered in the line of duty and is compensable under this title if: 5
(1) the individual has heart disease, hypertension, or lung disease; 6
(2) the heart disease, hypertension, or lung disease results in partial or 7
total disability or death; and 8
(3) in the case of a volunteer firefighter, volunteer fire fighting instructor, 9
volunteer rescue squad member, or volunteer advanced life support unit member, the 10
individual has met a suitable standard of physical examination before becoming a 11
firefighter, fire fighting instructor, rescue squad member, or advanced life support unit 12
member. 13
(b) (1) A paid police officer employed by an airport authority, a county, the 14
Maryland–National Capital Park and Planning Commission, a municipality, or the State, 15
a deputy sheriff of Montgomery County, or, subject to paragraph (2) of this subsection, a 16
deputy sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy 17
sheriff of Baltimore City, Montgomery County correctional officer, Prince George’s County 18
deputy sheriff, Prince George’s County correctional officer, or deputy sheriff of Allegany 19
County is presumed to be suffering from an occupational disease that was suffered in the 20
line of duty and is compensable under this title if: 21
(i) the police officer, deputy sheriff, or correctional officer is 22
suffering from heart disease or hypertension; and 23
(ii) the heart disease or hypertension results in partial or total 24
disability or death. 25
(2) (i) A deputy sheriff of Anne Arundel County, Anne Arundel County 26
detention officer, deputy sheriff of Baltimore City, Montgomery County correctional officer, 27
Prince George’s County deputy sheriff, or Prince George’s County correctional officer is 28
entitled to the presumption under this subsection only to the extent that the individual 29
suffers from heart disease or hypertension that is more severe than the individual’s heart 30
disease or hypertension condition existing prior to the individual’s employment as a deputy 31
sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy sheriff of 32
Baltimore City, Montgomery County correctional officer, Prince George’s County deputy 33
sheriff, or Prince George’s County correctional officer. 34
(ii) To be eligible for the presumption under this subsection, a deputy 35
sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy sheriff of 36
Baltimore City, Montgomery County correctional officer, Prince George’s County deputy 37
sheriff, or Prince George’s County correctional officer, as a condition of employment, shall 38
submit to a medical examination to determine any heart disease or hypertension condition 39 HOUSE BILL 727 29
existing prior to the individual’s employment as a deputy sheriff of Anne Arundel County, 1
Anne Arundel County detention officer, deputy sheriff of Baltimore City, Montgomery 2
County correctional officer, Prince George’s County deputy sheriff, or Prince George’s 3
County correctional officer. 4
(c) A PARK SERVICES ASSOCI ATE, FOREST RANGER, PARK RANGER, 5
WILDLIFE RANGER , paid firefighter, paid fire fighting instructor, paid rescue squad 6
member, paid advanced life support unit member, or a sworn member of the Office of the 7
State Fire Marshal employed by an airport authority, a county, a fire control district, a 8
municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, 9
volunteer rescue squad member, or volunteer advanced life support unit member who is a 10
covered employee under § 9–234 of this title is presumed to be suffering from an 11
occupational disease that was suffered in the line of duty and is compensable under this 12
title if: 13
(1) the individual has leukemia or prostate, rectal, throat, multiple 14
myeloma, non–Hodgkin’s lymphoma, brain, testicular, bladder, kidney or renal cell, or 15
breast cancer that is caused by contact with a toxic substance that the individual has 16
encountered in the line of duty; 17
(2) the individual has completed at least 10 years of cumulative service 18
within the State as a firefighter, a fire fighting instructor, a rescue squad member, or an 19
advanced life support unit member or in a combination of those jobs; 20
(3) the cancer or leukemia results in partial or total disability or death; and 21
(4) in the case of a volunteer firefighter, volunteer fire fighting instructor, 22
volunteer rescue squad member, or volunteer advanced life support unit member, the 23
individual has met a suitable standard of physical examination before becoming a 24
firefighter, fire fighting instructor, rescue squad member, or advanced life support unit 25
member. 26
(d) (1) A PARK SERVICES ASSOCI ATE, FOREST RANGER, PARK RANGER, 27
WILDLIFE RANGER , paid law enforcement employee of the Department of Natural 28
Resources who is a covered employee under § 9–207 of this title, and a park police officer of 29
the Maryland–National Capital Park and Planning Commission is presumed to have an 30
occupational disease that was suffered in the line of duty and is compensable under this 31
title if the [employee] INDIVIDUAL: 32
(i) is suffering from Lyme disease; and 33
(ii) was not suffering from Lyme disease before assignment to a 34
position that regularly places the employee in an outdoor wooded environment. 35
(2) The presumption under this subsection for a park police officer of the 36
Maryland–National Capital Park and Planning Commission shall only apply: 37 30 HOUSE BILL 727
(i) during the time that the park police officer is assigned to a 1
position that regularly places the park police officer in an outdoor wooded environment; 2
and 3
(ii) for 3 years after the last date that the park police officer was 4
assigned by the Maryland–National Capital Park and Planning Commission to a position 5
that regularly placed the officer in an outdoor wooded environment. 6
(e) (1) Except as provided in paragraph (2) of this subsection, any paid 7
firefighter, paid fire fighting instructor, sworn member of the Office of the State Fire 8
Marshal, paid police officer, PARK SERVICES ASSOCI ATE, FOREST RANGER, PARK 9
RANGER, WILDLIFE RANGER , paid law enforcement employee of the Department of 10
Natural Resources, deputy sheriff of Anne Arundel County, Anne Arundel County 11
detention officer, park police officer of the Maryland–National Capital Park and Planning 12
Commission, deputy sheriff of Montgomery County, deputy sheriff of Baltimore City, 13
Montgomery County correctional officer, deputy sheriff of Prince George’s County, or Prince 14
George’s County correctional officer who is eligible for benefits under subsection (a), (b), (c), 15
or (d) of this section or the dependents of those individuals shall receive the benefits in 16
addition to any benefits that the individual or the dependents of the individual are entitled 17
to receive under the retirement system in which the individual was a participant at the 18
time of the claim. 19
(2) The benefits received under this title shall be adjusted so that the 20
weekly total of those benefits and retirement benefits does not exceed the weekly salary 21
that was paid to [the paid law enforcement employee of the Department of Natural 22
Resources, a park police officer of the Maryland–National Capital Park and Planning 23
Commission, firefighter, fire fighting instructor, sworn member of the Office of the State 24
Fire Marshal, police officer, deputy sheriff, Prince George’s County or Montgomery County 25
correctional officer, or Anne Arundel County detention officer] AN INDIVIDUAL SPECIF IED 26
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 27
Article – Tax – General 28
10–209. 29
(a) (1) In this section the following words have the meanings indicated. 30
(2) “Correctional officer” means an individual who: 31
(i) was employed in: 32
1. a State correctional facility, as defined in § 1–101 of the 33
Correctional Services Article; 34
2. a local correctional facility, as defined in § 1–101 of the 35
Correctional Services Article; 36 HOUSE BILL 727 31
3. a juvenile facility included in § 9–226 of the Human 1
Services Article; or 2
4. a facility of the United States that is equivalent to a State 3
or local correctional facility or a juvenile facility included in § 9–226 of the Human Services 4
Article; and 5
(ii) is eligible to receive retirement income attributable to the 6
individual’s employment under item (i) of this paragraph. 7
(3) “Emergency services personnel” means emergency medical technicians 8
or paramedics. 9
(4) (i) “Employee retirement system” means a plan: 10
1. established and maintained by an employer for the benefit 11
of its employees; and 12
2. qualified under § 401(a), § 403, or § 457(b) of the Internal 13
Revenue Code. 14
(ii) “Employee retirement system” does not include: 15
1. an individual retirement account or annuity under § 408 16
of the Internal Revenue Code; 17
2. a Roth individual retirement account under § 408A of the 18
Internal Revenue Code; 19
3. a rollover individual retirement account; 20
4. a simplified employee pension under Internal Revenue 21
Code § 408(k); or 22
5. an ineligible deferred compensation plan under § 457(f) of 23
the Internal Revenue Code. 24
(b) Subject to subsections (d) and (e) of this section, to determine Maryland 25
adjusted gross income, if, on the last day of the taxable year, a resident is at least 65 years 26
old or is totally disabled or the resident’s spouse is totally disabled, or the resident is at 27
least 55 years old and is a retired PARK SERVICES ASSOCI ATE, FOREST RANGER, PARK 28
RANGER, WILDLIFE RANGER , correctional officer, law enforcement officer, or fire, rescue, 29
or emergency services personnel of the United States, the State, or a political subdivision 30
of the State, an amount is subtracted from federal adjusted gross income equal to the lesser 31
of: 32
32 HOUSE BILL 727
(1) the cumulative or total annuity, pension, or endowment income from an 1
employee retirement system included in federal adjusted gross income; or 2
(2) the maximum annual benefit under the Social Security Act computed 3
under subsection (c) of this section, less any payment received as old age, survivors, or 4
disability benefits under the Social Security Act, the Railroad Retirement Act, or both. 5
(c) For purposes of subsection (b)(2) of this section, the Comptroller: 6
(1) shall determine the maximum annual benefit under the Social Security 7
Act allowed for an individual who retired at age 65 for the prior calendar year; and 8
(2) may allow the subtraction to the nearest $100. 9
(d) Military retirement income that is included in the subtraction under § 10
10–207(q) of this subtitle may not be taken into account for purposes of the subtraction 11
under this section. 12
(e) In the case of a retired PARK SERVICES ASSOCI ATE, FOREST RANGER , 13
PARK RANGER , WILDLIFE RANGER , correctional officer, law enforcement officer, or fire, 14
rescue, or emergency services personnel of the United States, the State, or a political 15
subdivision of the State, the amount included under subsection (b)(1) of this section is 16
limited to the first $15,000 of retirement income that is attributable to the resident’s 17
employment as a PARK SERVICES ASSOCI ATE, FOREST RANGER, PARK RANGER, 18
WILDLIFE RANGER , correctional officer, [a] law enforcement officer, or fire, rescue, or 19
emergency services personnel of the United States, the State, or a political subdivision of 20
the State unless: 21
(1) the resident is at least 65 years old or is totally disabled; or 22
(2) the resident’s spouse is totally disabled. 23
SECTION 2. AND BE IT FURTHER ENACTED, That , notwithstanding any other 24
provision of law, on or before June 30, 2022, the Governor may transfer to the Park System 25
Capital Improvements and Acquisition Fund established in § 5–221 of the Natural 26
Resources Article, as enacted by Section 1 of this Act, $60,000,000 of the funds for State 27
land acquisition under Program Open Space in the special fund established under § 13–209 28
of the Tax – Property Article. A transfer of funds from the special fund established under § 29
13–209 of the Tax – Property Article to the Park System Capital Improvements and 30
Acquisition Fund under this section may not be taken into account for purposes of 31
determining any allocation or appropriation required under § 13–209(f) or (g) of the Tax – 32
Property Article. 33
SECTION 3. AND BE IT FURTHER ENACTED, That the Parks and Recreation 34
Commission established in § 5–2A–03 of the Natural Resources Article, as enacted by 35
Section 1 of this Act, shall provide oversight to the Maryland Park Service on the 36
implementation of this Act. 37 HOUSE BILL 727 33
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2022. 2