EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0921*
HOUSE BILL 921
M1, M3 CONSTITUTIONAL AMENDMENT 2lr2977
HB 1346/16 – ENV CF SB 366
By: Delegates Saab, Adams, Beitzel, Boteler, Buckel, Chisholm, Hornberger,
Howard, Krebs, Novotny, Shoemaker, and Szeliga
Introduced and read first time: February 7, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Chesapeake and Atlantic Coastal Bays 2010 Trust Fund – Use of Funds 2
(Chesapeake Bay Lockbox Protection Act of 2022) 3
FOR the purpose of establishing a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund 4
to provide financial resources for certain nonpoint source pollution control projects 5
in the State; and prohibiting the transfer of funds in the Chesapeake and Atlantic 6
Coastal Bays 2010 Trust Fund to the General Fund or a special fund of the State 7
except under certain circumstances. 8
BY proposing an addition to the Maryland Constitution 9
Article III – Legislative Department 10
Section 53A 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 13
proposed that the Maryland Constitution read as follows: 14
Article III – Legislative Department 15
53A. 16
(A) THERE IS A CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 TRUST 17
FUND. 18
(B) THE PURPOSE OF THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 19
2010 TRUST FUND IS TO PROVIDE FI NANCIAL ASSISTANCE N ECESSARY TO ADVANCE 20
MARYLAND’S PROGRESS IN MEETIN G THE GOAL S ESTABLISHED IN THE 2014 21
CHESAPEAKE BAY WATERSHED AGREEMENT FOR THE RES TORATION OF THE 22
CHESAPEAKE BAY AND ITS TRIBUTARI ES, INCLUDING THE PATUXENT RIVER, AND 23 2 HOUSE BILL 921
TO RESTORE THE HEALT H OF THE ATLANTIC COASTAL BAYS AND THEIR 1
TRIBUTARIES BY FOCUS ING LIMITED FINAN CIAL RESOURCES ON NO NPOINT SOURCE 2
POLLUTION CONTROL PR OJECTS IN ALL REGION S OF THE STATE. 3
(C) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , THE 4
CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 TRUST FUND MAY BE USED ONLY 5
FOR THE IMPLEMENTATI ON OF NONPOI NT SOURCE POLLUTION CONTROL PROJECTS 6
TO COMPLY WITH STATE AND LOCAL WATER SHED IMPLEMENTATION PLANS AND TO 7
IMPROVE THE HEALTH O F THE ATLANTIC COASTAL BAYS AND THEIR TRIBUT ARIES. 8
(D) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , FUNDS IN 9
THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 TRUST FUND MAY NOT BE 10
TRANSFERRED TO THE GENERAL FUND OR A SPECIAL FUN D OF THE STATE. 11
(E) THIS SECTION DOES NOT APPLY TO: 12
(1) AN ALLOCATION OR USE OF FUNDS IN THE CHESAPEAKE AND 13
ATLANTIC COASTAL BAYS 2010 TRUST FUND FOR A COUNTY , A MUNICIPALITY , OR 14
BALTIMORE CITY IN ACCORDANCE WI TH TITLE 8, SUBTITLE 2A OF THE NATURAL 15
RESOURCES ARTICLE; OR 16
(2) A TRANSFER OF FUNDS IN THE CHESAPEAKE AND ATLANTIC 17
COASTAL BAYS 2010 TRUST FUND TO THE BAYSTAT SUBCABINET AGENCIES I N 18
ACCORDANCE WITH TITLE 8, SUBTITLE 2A OF THE NATURAL RESOURCES ARTICLE. 19
(F) FUNDS IN THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 20
TRUST FUND MAY BE USED FOR A PURPOSE NOT RELATE D TO THE CHESAPEAKE 21
AND ATLANTIC COASTAL BAYS OR TRANSFERRED T O THE GENERAL FUND OR A 22
SPECIAL FUND OF THE STATE IF: 23
(1) THE GOVERNOR, BY EXECUTIVE ORDER , DECLARES THAT A 24
FISCAL EMERGENCY EXI STS; AND 25
(2) THE GENERAL ASSEMBLY, BY LEGISLATION PASSE D ON A YEA 26
AND NAY VOTE SUPPORT ED BY THREE–FIFTHS OF ALL THE ME MBERS ELECTED TO 27
EACH OF THE TWO HOUSES OF THE GENERAL ASSEMBLY, CONCURS WITH THE USE 28
OR TRANSFER OF THE F UNDS. 29
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 30
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 31
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 32
Constitution concerning local approval of constitutional amendments do not apply. 33
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the Maryland 34 HOUSE BILL 921 3
Constitution proposed by Section 1 of this Act shall be submitted to the qualified voters of the 1
State at the next general election to be held in November 2022 for adoption or rejection 2
pursuant to Article XIV of the Maryland Constitution. At that general election, the vote on the 3
proposed amendment to the Constitution shall be by ballot, and on each ballot there shall be 4
printed the words “For the Constitutional Amendment” and “Against the Constitutional 5
Amendment”, as now provided by law. Immediately after the election, all returns shall be made 6
to the Governor of the vote for and against the proposed amendment, as directed by Article XIV 7
of the Maryland Constitution, and further proceedings had in accordance with Article XIV. 8