EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0366*
SENATE BILL 366
M1, M3 CONSTITUTIONAL AMENDMENT 2lr2055
SB 45/16 – EHE & B&T
By: Senator Simonaire
Introduced and read first time: January 21, 2022
Assigned to: Education, Health, and Environmental Affairs and Budget and Taxation
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 GOALS ESTABLIS HED IN THE 2014 21
CHESAPEAKE BAY WATERSHED AGREEMENT FOR THE RESTO RATION OF THE 22
CHESAPEAKE BAY AND ITS TRIBUTARI ES, INCLUDING THE PATUXENT RIVER, AND 23
TO RESTORE THE HEALT H OF THE ATLANTIC COASTAL BAYS AND THEIR 24 2 SENATE BILL 366
TRIBUTARIES BY FOCUS ING LIMITED FINANCIA L RESOURCES ON NONPO INT SOURCE 1
POLLUTION CONTROL PR OJECTS IN ALL REGION S OF THE STATE. 2
(C) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , THE 3
CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 TRUST FUND MAY BE USED ONLY 4
FOR THE IMPLEMENTATI ON OF NONPOINT SOURC E POLLUTION CONTROL PROJECTS 5
TO COMPLY WITH STATE AND LOCAL WATERS HED IMPLEMENTATION P LANS AND TO 6
IMPROVE THE HEALTH O F THE ATLANTIC COASTAL BAYS AND THEIR TRIBUT ARIES. 7
(D) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , FUNDS IN 8
THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 TRUST FUND MAY NOT BE 9
TRANSFERRED TO THE GENERAL FUND OR A SPECIAL FUN D OF THE STATE. 10
(E) THIS SECTION DOES NOT APPLY TO: 11
(1) AN ALLOCATION OR USE OF FUNDS IN THE CHESAPEAKE AND 12
ATLANTIC COASTAL BAYS 2010 TRUST FUND FOR A COUNTY , A MUNICIPALITY , OR 13
BALTIMORE CITY IN ACCORDANCE WITH TITLE 8, SUBTITLE 2A OF THE NATURAL 14
RESOURCES ARTICLE; OR 15
(2) A TRANSFER OF FUNDS IN THE CHESAPEAKE AND ATLANTIC 16
COASTAL BAYS 2010 TRUST FUND TO THE BAYSTAT SUBCABINET AGENCIES I N 17
ACCORDANCE WITH TITLE 8, SUBTITLE 2A OF THE NATURAL RESOURCES ARTICLE. 18
(F) FUNDS IN THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 19
TRUST FUND MAY BE USED FOR A PURPOSE NOT RELATE D TO THE CHESAPEAKE 20
AND ATLANTIC COASTAL BAYS OR TRANSFERRED T O THE GENERAL FUND OR A 21
SPECIAL FUND OF THE STATE IF: 22
(1) THE GOVERNOR, BY EXECUTIVE ORDER , DECLARES THAT A 23
FISCAL EMERGENCY EXI STS; AND 24
(2) THE GENERAL ASSEMBLY, BY LEGISLATION PASSE D ON A YEA 25
AND NAY VOTE SUPPORT ED BY THREE–FIFTHS OF ALL THE ME MBERS ELECTED TO 26
EACH OF THE TWO HOUSES OF THE GENERAL ASSEMBLY, CONCURS WITH THE USE 27
OR TRANSFER OF THE F UNDS. 28
SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 29
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 30
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 31
Constitution concerning local approval of constitutional amendments do not apply. 32
SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the Maryland 33
Constitution proposed by Section 1 of this Act shall be submitted to the qualified voters of the 34 SENATE BILL 366 3
State at the next general election to be held in November 2022 for adoption or rejection 1
pursuant to Article XIV of the Maryland Constitution. At that general election, the vote on the 2
proposed amendment to the Constitution shall be by ballot, and on each ballot there shall be 3
printed the words “For the Constitutional Amendment” and “Against the Constitutional 4
Amendment”, as now provided by law. Immediately after the election, all returns shall be made 5
to the Governor of the vote for and against the proposed amendment, as directed by Article XIV 6
of the Maryland Constitution, and further proceedings had in accordance with Article XIV. 7