EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0541*
SENATE BILL 541
M1, B5 2lr1782
CF 2lr1781
By: Senators Elfreth, Hester, Zucker, Augustine, Bailey, Beidle, Corderman,
Eckardt, Edwards, Ellis, Feldman, Ferguson, Griffith, Guzzone, Hettleman,
Jackson, King, Klausmeier, Kramer, Lam, Patterson, Pinsky, Ready,
Rosapepe, Sydnor, Waldstreicher, Washington, West, and Young
Introduced and read first time: January 28, 2022
Assigned to: Budget and Taxation and Education, Health, and Environmental Affairs
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
to the Rural Legacy Program, the Park System Critical Maintenance Fund, the Park 27
System Capital Improvements and Acquisition Fund, the Maryland Agricultural 28 2 SENATE BILL 541
Land Preservation Fund, and the Maryland Agricultural and Resource–Based 1
Industry Development Corporation; and generally relating to the Maryland Park 2
Service. 3
BY repealing and reenacting, with amendments, 4
Article – Natural Resources 5
Section 5–204 and 5–9A–01 6
Annotated Code of Maryland 7
(2018 Replacement Volume and 2021 Supplement) 8
BY adding to 9
Article – Natural Resources 10
Section 5–210.1, 5–220, and 5–221; 5–2A–01 through 5–2A–05 to the under the new 11
subtitle “Subtitle 2A. Maryland Park Service”; and 5–1012 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Agriculture 16
Section 2–505(a) and (b) 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2021 Supplement) 19
BY adding to 20
Article – Agriculture 21
Section 2–505(i) 22
Annotated Code of Maryland 23
(2016 Replacement Volume and 2021 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – Economic Development 26
Section 10–501(a) and (f) 27
Annotated Code of Maryland 28
(2018 Replacement Volume and 2021 Supplement) 29
BY repealing and reenacting, with amendments, 30
Article – Economic Development 31
Section 10–523(a) 32
Annotated Code of Maryland 33
(2018 Replacement Volume and 2021 Supplement) 34
BY repealing and reenacting, without amendments, 35
Article – State Finance and Procurement 36
Section 6–226(a)(2)(i) 37
Annotated Code of Maryland 38
(2021 Replacement Volume) 39
SENATE BILL 541 3
BY repealing and reenacting, with amendments, 1
Article – State Finance and Procurement 2
Section 6–226(a)(2)(ii)144. and 145. and 13–109 3
Annotated Code of Maryland 4
(2021 Replacement Volume) 5
BY adding to 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(ii)146. and 147. 8
Annotated Code of Maryland 9
(2021 Replacement Volume) 10
BY repealing and reenacting, with amendments, 11
Article – Tax – Property 12
Section 13–209(g) 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Labor and Employment 17
Section 9–207 and 9–503 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Tax – General 22
Section 10–209 23
Annotated Code of Maryland 24
(2016 Replacement Volume and 2021 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
Article – Natural Resources 28
5–204. 29
(a) (1) There is a Sustainable Forestry Council in the Department. 30
(2) The purpose of the Council is to advise the Department on all matters 31
related to: 32
(i) Sustainable forestry management in the State; 33
(ii) The expenditure of funds from the Mel Noland Woodland 34
Incentives Fund under § 5–307 of this title; 35
4 SENATE BILL 541
(iii) Existing regulatory and statutory policies that are perceived as 1
economic barriers to a viable forest products industry; 2
(iv) New markets to enhance forest health, including renewable 3
energy development through biomass energy, to offset fossil fuel consumption and reduce 4
greenhouse gas emissions; 5
(v) Creative strategies to help privately owned forest lands better 6
compete with real estate market values that are driving forest conversion and 7
fragmentation; 8
(vi) The means to promote forest–based economies and processing 9
capability that contribute to economic and employment growth; and 10
(vii) Assigning a nutrient efficiency benefit to forest stewardship 11
plans and other forest conservation management plans that can be measurably tracked and 12
reported by the number of forested acres covered by the plans. 13
(b) [There is a Park Advisory Commission in the Department. 14
(c)] (1) The Sustainable Forestry Council shall have 9 members. 15
(2) Members of the Council shall be appointed by the Governor, with the 16
advice of the Secretary, to serve at the pleasure of the Governor. 17
[(d) (1) The Park Advisory Commission shall have 12 members. 18
(2) Members of the Park Advisory Commission shall be appointed by the 19
Governor, with the advice of the Secretary, to serve at the pleasure of the Governor.] 20
5–210.1. 21
(A) THE DEPARTMENT SHALL COOR DINATE WITH THE DEPARTMENT OF 22
GENERAL SERVICES TO: 23
(1) DEVELOP AN ELECTRONIC ASSET MANAGEMENT SYS TEM FOR ITS 24
INFRASTRUCTURE , INCLUDING: 25
(I) A LIST OF MAINTENANCE PROJECTS AT EACH SIT E; AND 26
(II) THE STATUS OF EACH MA INTENANCE PROJECT ; 27
(2) DEVELOP A FACILITY CO NDITION INDEX ASSESS MENT PROCESS 28
FOR ALL PARK SERVICE SITES, MODELED AFTER THE NATIONAL PARK SERVICE’S 29
FACILITY CONDITION I NDEX; AND 30 SENATE BILL 541 5
(3) ESTABLISH A DEDICATED ASSET EVALUATION TEA M TO: 1
(I) ASSESS THE CO NDITION OF MARYLAND PARK SERVICE 2
SITES; AND 3
(II) UPDATE INDIVIDUAL FAC ILITY CONDITION INDI CES ON AN 4
ONGOING BASIS . 5
(B) WHEN DETERMINING WHET HER TO REPAIR OR REP LACE 6
INFRASTRUCTURE WITH SUSTAINABLE TECHNOLO GY, THE DEPARTMENT SHALL 7
CONSIDER HOW THE R EPLACEMENT VALUE OF AN ASSET WILL CHANGE IF ONLY 8
SUSTAINABLE TECHNOLO GY IS USED, INCLUDING ANY ONGOIN G COST SAVINGS. 9
(C) (1) THE DEPARTMENT SHALL : 10
(I) TAKE INVENTORY OF ALL STATE LAND MANAGED BY THE 11
DEPARTMENT , INCLUDING: 12
1. ACREAGE; 13
2. ANY STRUCTURES ON EAC H PROPERTY; AND 14
3. THE USE OF EACH PROPE RTY; 15
(II) DEVELOP A MAINTENANCE PROJECT PRIORITIZATI ON 16
PROCESS MODELED AFTE R THE NATIONAL PARK SERVICE’S ASSET PRIORITY 17
INDEX; AND 18
(III) DEVELOP AND PUBLISH O N ITS WEBSITE A LIST OF 19
MAINTENANCE PROJECTS IN EVERY UNIT OF THE STATE PARK SYSTEM THA T ARE 20
EXPECTED TO COST MOR E THAN $25,000. 21
(2) (I) THE DEPARTMENT SHALL COND UCT A SYSTEMWIDE 22
SURVEY OF HISTORICAL AND CULTURAL RESOURC ES, INCLUDING AN ESTIMAT ION 23
OF RESTORATION AND M AINTENANCE COSTS. 24
(II) THE DEPARTMENT MAY NOT DE LAY THE PRESERVATION 25
AND RESTORATION OF H ISTORICAL AND CULTUR AL RESOURCES WHILE 26
CONDUCTING THE SYSTE MWIDE SURVEY . 27
5–220. 28
6 SENATE BILL 541
(A) IN THIS SECTION , “FUND” MEANS THE PARK SYSTEM CRITICAL 1
MAINTENANCE FUND. 2
(B) THERE IS A PARK SYSTEM CRITICAL MAINTENANCE FUND. 3
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR COMPLETING 4
STATE PROJECTS THAT A DDRESS CRITICAL MAIN TENANCE CONCERNS ON LANDS 5
MANAGED BY THE DEPARTMENT FOR PUBLIC PURPOSES. 6
(D) THE SECRETARY SHALL ADMI NISTER THE FUND. 7
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 8
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 9
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 10
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 11
(F) THE FUND CONSISTS OF : 12
(1) REVENUE DISTRIBUTED T O THE FUND UNDER § 13–209(G) OF THE 13
TAX – PROPERTY ARTICLE; 14
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 15
(3) INTEREST EARNINGS ; AND 16
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 17
THE BENEFIT OF THE FUND. 18
(G) THE FUND MAY BE USED ONLY FOR STATE PROJECTS THAT A DDRESS 19
CRITICAL MAINTENANCE CONCERNS ON LANDS MA NAGED BY THE DEPARTMENT 20
FOR PUBLIC PURPOSES . 21
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 22
IN THE SAME MAN NER AS OTHER STATE MONEY MAY BE IN VESTED. 23
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 24
THE FUND. 25
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 26
WITH THE STATE BUDGET . 27
SENATE BILL 541 7
(J) MONEY EXPENDED FROM T HE FUND FOR CRITICAL MAI NTENANCE IN 1
THE STATE’S PARKS IS SUPPLEMEN TAL TO AND IS NOT IN TENDED TO TAKE THE 2
PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR CRI TICAL 3
MAINTENANCE IN THE STATE’S PARKS. 4
(K) (1) FOR FISCAL YEAR 2024 ONLY, THE GOVERNOR SHALL INCLUD E IN 5
THE ANNUAL BUDGET BILL A GENERAL FUND APPROPRIATION IN THE AMOUNT OF 6
$80,000,000 TO THE FUND FOR STATE PROJECTS THAT A DDRESS CRITICAL 7
MAINTENANCE CONCERNS ON LANDS MANAGED BY THE DEPARTMENT FOR PUBLIC 8
PURPOSES. 9
(2) THE DEPARTMENT SHALL EXPE ND THE FUNDS ALLOCAT ED 10
UNDER THIS SUBSECTIO N BEFORE JULY 1, 2026. 11
5–221. 12
(A) IN THIS SECTION , “FUND” MEANS THE PARK SYSTEM CAPITAL 13
IMPROVEMENTS AND ACQUISITION FUND. 14
(B) THERE IS A PARK SYSTEM CAPITAL IMPROVEMENTS AND ACQUISITION 15
FUND. 16
(C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR: 17
(1) COMPLETING STATE PROJECTS RELATE D TO CAPITAL 18
IMPROVEMENTS ON LAND S MANAGED BY THE DEPARTMENT FOR PUBLIC PURPOSES; 19
AND 20
(2) ACQUIRING LAND TO BE MANAGED BY THE DEPARTMENT FOR 21
PUBLIC PURPOSES . 22
(D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 23
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 24
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 26
AND THE COMPTROLLER SHALL AC COUNT FOR THE FUND. 27
(F) THE FUND CONSISTS OF : 28
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 29
8 SENATE BILL 541
(2) INTEREST EARNINGS ; AND 1
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 2
THE BENEFIT OF THE FUND. 3
(G) THE FUND MAY BE USED ONLY FOR: 4
(1) COMPLETING STATE PROJECTS RELATE D TO CAPITAL 5
IMPROVEMENTS ON LAND S MANAGED BY THE DEPARTMENT FOR PUBLIC PURPOSES; 6
AND 7
(2) ACQUIRING LAND TO BE MANAGED BY THE DEPARTMENT FOR 8
PUBLIC PURPOSES . 9
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 10
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 11
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 12
THE FUND. 13
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 14
WITH THE STATE BUDGET . 15
(J) MONEY EXPENDED FROM T HE FUND FOR CAPITAL IMPR OVEMENTS IN 16
THE STATE’S PARKS IS SUPPLEMEN TAL TO AND IS NOT IN TENDED TO TAKE THE 17
PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR CAP ITAL 18
IMPROVEMENTS IN THE STATE’S PARKS AND THE ACQU ISITION OF LAND BY T HE 19
DEPARTMENT THAT W ILL BE MANAGED FOR P UBLIC PURPOSES . 20
(K) FOR FISCAL YEAR 2024 ONLY, THE GOVERNOR SHALL INCLUD E IN THE 21
ANNUAL BUDGET BILL A GENERAL FUND APPROPRIATION IN THE AMOUNT OF 22
$70,000,000 TO THE FUND TO BE USED AS FO LLOWS: 23
(1) $5,000,000 FOR INFRASTRUCTURE P ROJECTS THAT MITIGATE 24
THE EFFECTS OF CLIMA TE CHANGE, INCLUDING: 25
(I) FLOOD BARRIERS ; 26
(II) FOREST BUFFERS ; 27
(III) GREEN SPACES; 28
(IV) BUILDING ELEVATION ; 29 SENATE BILL 541 9
(V) STORMWATER INFRASTRUC TURE; AND 1
(VI) WETLANDS RESTORATION ; 2
(2) $5,000,000 FOR HISTORIC PRESERV ATION; 3
(3) $20,000,000 FOR TRANSPORTATION I MPROVEMENTS , 4
INCLUDING: 5
(I) IMPROVING BIKE LANES AND TRAILS , INCREASING 6
WALKABILITY, AND EXPANDING PARKIN G AVAILABILITY; AND 7
(II) TARGETING TRANSPORTAT ION INVESTMENTS TO AVOID 8
CAPACITY SHUTDOWNS ; 9
(4) $10,000,000 FOR INCREASING WATER ACCESS, INCLUDING KAYAK 10
AND BOAT LAUNCHES AN D AREAS FOR PICNICKI NG NEAR WATER AND SW IMMING; 11
AND 12
(5) $30,000,000 FOR LAND ACQUISITION , INCLUDING: 13
(I) AREAS IN THE CENTRAL AND SOUTHERN REGIONS OF THE 14
STATE THAT WILL: 15
1. RELIEVE OVERCROWDING AT EXISTING STATE 16
PARKS; AND 17
2. EXPAND PUBLIC ACCESS TO STATE PARKS AND 18
OUTDOOR RECREATION ; 19
(II) SITES WITH HISTORICAL SIGNIFICANCE TO MINO RITY 20
COMMUN ITIES; AND 21
(III) BEACHFRONT OR WATERFR ONT PROPERTY FOR PUB LIC 22
ACCESS. 23
SUBTITLE 2A. MARYLAND PARK SERVICE. 24
5–2A–01. 25
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27 10 SENATE BILL 541
(B) “COMMISSION” MEANS THE PARKS AND RECREATION COMMISSION. 1
(C) “PARK SERVICE” MEANS THE MARYLAND PARK SERVICE. 2
5–2A–02. 3
(A) (1) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL 4
INCREASE THE NUMBER OF FULL–TIME EMPLOYEES IN TH E PARK SERVICE BY 100 5
PERMANE NT, CLASSIFIED POSITIONS . 6
(2) EACH STAFF POSITION R EQUIRED UNDER PARAGR APH (1) OF 7
THIS SUBSECTION SHAL L BE ACCOMPANIED BY A SUPPLEMENTAL BUDGE T 8
ALLOCATION TO PROVID E ADEQUATE SUPPORT F OR EACH EMPLOYEE . 9
(3) THE STAFF POSITIONS R EQUIRED UNDER PARAGR APH (1) OF THIS 10
SUBSECTION SHALL INC LUDE: 11
(I) FIVE POSITIONS IN THE ENGINEERING AND 12
CONSTRUCTION UNIT; 13
(II) FIVE POSITIONS IN THE LAND ACQUISITION AND PLANNING 14
UNIT; AND 15
(III) ONE VOLUNTEER MANAGEM ENT PROGRAM COORDINA TOR. 16
(B) (1) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL : 17
(I) CONDUCT A STAFF ADEQU ACY REVIEW OF THE PARK 18
SERVICE EVERY 2 YEARS; AND 19
(II) REPORT ITS FINDINGS T O THE COMMISSION AND , IN 20
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 21
ASSEMBLY. 22
(2) AS A PART OF THE REPO RT UNDER PARAGRAPH (1)(II) OF THIS 23
SUBSECTION, THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL CONS IDER 24
STAFFING GOALS FOR T HE PARK SERVICE. 25
(C) (1) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL : 26
(I) CONDUCT A STAFF SALAR Y REVIEW OF THE PARK SERVICE 27
EVERY 3 YEARS; AND 28 SENATE BILL 541 11
(II) REPORT ITS FINDINGS T O THE COMMISSION AND , IN 1
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 2
ASSEMBLY. 3
(2) THE SALARY REVIEW REQ UIRED UNDER PARAGRAP H (1)(I) OF 4
THIS SUBSECTION SHAL L FOCUS ON THE GOALS OF IMPROVING : 5
(I) HIRING BY COMPENSATIN G PARK SERVICE EMPLOYEES AT 6
A LEVEL COMMENSURATE WITH: 7
1. LOCAL PARK SYSTEMS ; 8
2. THE NATIONAL PARK SERVICE; AND 9
3. FOR PARK SERVICE MAINTENANCE PERSONNEL WHO 10
PERFORM SKILLED AND LICENSED TRADE FUNCT IONS, THE PRIVATE SECTOR ; AND 11
(II) RETENTION BY PROMOTIN G UPWARD MOBILITY WI THIN A 12
JOB SERIES. 13
(D) THE DEPARTMENT SHALL RECO GNIZE PARK SERVICE ASSOCIATES AN D 14
FOREST RANGERS , PARK RANGERS , AND WILD LIFE RANGERS AS EMER GENCY 15
SERVICES PERSONNEL . 16
(E) (1) (I) THE DEPARTMENT SHALL IMPL EMENT A VOLUNTEER 17
MANAGEMENT PROGRAM T O STRATEGICALLY MANA GE VOLUNTEER SERVICE S 18
PROVIDED BY INDIVIDU ALS AND STATE PARKS FRIENDS G ROUPS. 19
(II) THE VOLUNTEER MANAGEM ENT PROGRAM IMPLEMENTED 20
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE MODELED ON TH E 21
NATIONAL PARK SERVICE’S VOLUNTEERS–IN–PARKS PROGRAM . 22
(2) THE VOLUNTEER MANAGEM ENT PROGRAM SHALL BE MANAGED 23
BY A VOLUNTEER PROGR AM MANAGER DEDICATED TO OVERSEEING THE 24
VOLUNTEER MANAGEMENT PROGRAM. 25
(3) THE VOLUNTEER PROGRAM MANAGER SHALL : 26
(I) CONDUCT ANNUAL TRAINI NG FOR STAFF AND VOL UNTEERS; 27
(II) DEVELOP AND PROMOTE V OLUNTEER OPPORTUNITI ES; 28
12 SENATE BILL 541
(III) PERFORM AUDITS , EVALUATIONS , AND MONITORING TO 1
DETERMINE THE EFFICACY OF THE VOLU NTEER MANAGEMENT PRO GRAM; AND 2
(IV) DEVELOP AN ANNUAL REP ORT ON VOLUNTEER STA TISTICS 3
AND IMPACTS. 4
(F) THE DEPARTMENT SHALL EXPA ND ITS WORK WITH PAR K–FOCUSED 5
ORGANIZATIONS TO LEV ERAGE CHARITABLE FUN DING FOR PARK ENHANC EMENTS. 6
5–2A–03. 7
(A) (1) THERE IS A PARKS AND RECREATION COMMISSION IN THE 8
DEPARTMENT . 9
(2) THE PURPOSE OF THE COMMISSION IS TO PROV IDE OVERSIGHT 10
OF THE PARK SERVICE. 11
(B) THE COMMISSION SHALL CONS IST OF THE FOLLOWING MEMBERS: 12
(1) A CHAIR, APPOINTED JOINTL Y BY THE PRESIDENT OF THE 13
SENATE AND THE SPEAKER OF THE HOUSE; 14
(2) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY 15
THE PRESIDENT OF THE SENATE; 16
(3) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY 17
THE SPEAKER OF THE HOUSE; AND 18
(4) FOUR MEM BERS, APPOINTED BY THE GOVERNOR, WHO REFLECT 19
THE RACIAL, GENDER, ETHNIC, AND GEOGRAPHIC DIVER SITY OF THE STATE. 20
(C) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL PROVID E STAFF 21
FOR THE COMMISSION. 22
(D) THE DEPARTMENT SHALL ANNU ALLY PROVIDE THE COMMISSION WITH 23
A BRIEFING ON THE ST ATUS OF THE PARK SERVICE AND PARK SYST EM, INCLUDING: 24
(1) THE NUMBER OF ANNUAL CAPACITY CLOSURES , LISTED BY 25
LOCATION; 26
(2) THE CRITICAL MAINTENA NCE BACKLOG ; 27
(3) VACANT STAFF POSITIONS ; AND 28 SENATE BILL 541 13
(4) ANY OTHER INFORMATION : 1
(I) RELATED TO THE FUNCTI ONING OF THE PARK SERVICE; OR 2
(II) REQUESTED BY THE MEMB ERS OF THE COMMISSION. 3
(E) THE COMMISSION SHALL MEET QUARTERLY TO REVIEW THE STATUS OF 4
THE PARK SERVICE. 5
(F) (1) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 6
THEREAFTER , THE COMMISSION SHALL SUBM IT A REPORT TO THE SENATE BUDGET 7
AND TAXATION COMMITTEE, THE SENATE EDUCATION, HEALTH, AND 8
ENVIRONMENTAL AFFAIRS COMMITTEE, THE HOUSE APPROPRIATIONS 9
COMMITTEE, AND THE HOUSE ENVIRONMENT AND TRANSPORTATION COMMITTEE 10
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 11
(2) THE REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 12
SUBSECTION SHALL INC LUDE THE COMMISSION’S: 13
(I) FINDINGS ON THE STATU S OF THE PARK SERVICE; AND 14
(II) RECOMMENDATIONS ON HO W THE GENERAL ASSEMBLY 15
CAN SUPPORT THE PARK SERVICE. 16
5–2A–04. 17
(A) (1) ON OR BEFORE DECEMBER 1, 2023, AND EVERY 5 YEARS 18
THEREAFTER , THE DEPARTMENT SHALL DEVE LOP AND PUBLISH A 5–YEAR CAPITAL 19
IMPROVEMENT PLAN FOR THE PARK SERVICE. 20
(2) IN DEVELOPING THE CAPITAL IMPROVEMENT PLAN, THE 21
DEPARTMENT SHALL , IN COORDINATION WITH THE COMMISSION, ANNUALLY HOLD 22
AT LEAST ONE PUBLIC HEARING WITH T HE OPPORTUNITY FOR P UBLIC COMMENT . 23
(3) THE 5–YEAR CAPITAL IMPROVEMENT PLAN SHALL INCLUDE : 24
(I) A LIST OF ALL OUTSTAND ING CRITICAL MAINTEN ANCE 25
PROJECTS AND THE PRO JECTED COST OF EACH PROJECT; 26
(II) A PRIORITIZATION OF CR ITICAL MAINTENANCE P ROJECTS 27
AND AN EXPLANATION O F THE PROCESS FOR PR IORITIZING THE PROJE CTS; AND 28
14 SENATE BILL 541
(III) SCORING AND RANKING F OR EACH CRITICAL MAI NTENANCE 1
PROJECT, AS DETERMINED BY THE PRIORITIZATION PROCE SS. 2
(4) THE 5–YEAR CAPITAL IMPROVEMENT PLAN SHALL INCLUDE TH E 3
INFORMATIO N REQUIRED UNDER PAR AGRAPH (3) OF THIS SUBSECTION 4
DISAGGREGATED BY REG ION. 5
(B) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL HIRE A N 6
INDEPENDENT CONSULTA NT TO CONDUCT AN IND EPENDENT STUDY OF : 7
(I) WHETHER THE PARK SERVICE IS PRODUCING OUTCOMES 8
CONSISTENT WITH ITS MIS SION; 9
(II) THE VISITOR EXPERIENC E FOR STATE PARKS, INCLUDING: 10
1. PARKING AVAILABILITY ; 11
2. CLEANLINESS; AND 12
3. WHETHER FACILITIES , AMENITIES, OR AREAS ARE 13
CLOSED, INCLUDING WHETHER TH E CLOSURES ARE DUE T O DEFERRED 14
MAINTENANCE; AND 15
(III) HOW FUNDING CAN BE US ED TO ENABLE THE PARK 16
SERVICE TO PRODUCE OU TCOMES CONSISTENT WI TH ITS MISSION. 17
(2) ON OR BEFORE DECEMBER 1, 2023, THE INDEPENDENT 18
CONSULTANT SHALL SUB MIT A REPORT ON ITS FINDINGS AND RECOMME NDATIONS 19
TO THE COMMISSION. 20
(C) THE DEPARTMENT SHALL: 21
(1) RECOGNIZE AS A FORMAL POLICY THAT THE STATE’S FORESTS, 22
TREES, AND WETLANDS ARE A M AJOR TOOL FOR ADDRESSI NG CLIMATE CHANGE 23
WITH REGARD TO MITIG ATION, ADAPTATION, AND RESILIENCY ; AND 24
(2) REQUIRE ALL PARK SERVICE PROJECTS TO C ONTRIBUTE, TO THE 25
EXTENT POSSIBLE , TO THE IMPROVEMENT O F LOCAL WATER QUALIT Y. 26
(D) (1) THE PARK SERVICE SHALL A DOPT UNIVERSAL DESIG N 27
PRINCIPLES IN ITS PR OGRAMMING AND AMENIT IES TO ENSURE MAXIMU M ACCESS 28
BY ALL PEOPLE, INCLUDING PEOPLE WIT H DISABILITIES AND S ENIORS. 29
SENATE BILL 541 15
(2) TO ENSURE ACCESSIBILI TY FOR INDIVIDUALS W HO ARE DEAF , 1
BLIND, OR BOTH, THE PARK SERVICE WEBSITE AND ALL OTHER DIGITA L OUTREACH 2
PLATFORMS SHALL ADHE RE TO WEB CONTENT ACCESSIBILITY GUIDELINES 2.1 3
AND SECTION 508 OF THE AMERICANS WITH DISABILITIES ACT. 4
(E) (1) THE DEPARTMENT ’S DECISIONS RELATED TO THE LOCATION AND 5
ESTABLISHMENT OF NEW STATE PARKS OR AMENITIES SHALL TARG ET AREAS: 6
(I) IDENTIFIED BY THE DEPARTMENT ’S PARK EQUITY TOOL A S 7
IN NEED OF RECREATIO NAL OPPORTUNITIES ; OR 8
(II) THAT WOULD RELIEVE OV ERCROWDING IN EXISTI NG STATE 9
PARKS THAT HAVE CONS ISTENTLY HAD TO CLOS E TO THE PUBLIC DUE TO CAPACITY 10
RESTRICTIONS . 11
(2) THE DEPARTMENT SHALL CONS IDER THE CULTURAL AN D 12
ECOLOGICAL CARRYING CAPACITIES OF STATE PARK AREAS WHEN EXAMINING THE 13
DEVELOPMENT OF NEW A MENITIES IN EXISTING STATE PARKS. 14
(3) THE DEPARTMENT ’S DECISIONS RELATED TO THE 15
ESTABLISHMENT OF STATE HISTORICAL PARK S OR OTHER UNITS THA T PRESERVE 16
AND INTERPRET THE ST ORY OF HISTORICALLY UNDERSERVED , MINORITY, AND 17
OTHER UNDERREPRESENT ED COMMUNITIES SHALL BE MADE: 18
(I) IN COORDINATION WIT H THE COMMISSION; AND 19
(II) WITH INPUT FROM GROUP S ACTIVE IN THE PRES ERVATION 20
OF HISTORICAL SITES OF UNDERREPRESENTED COMMUNITIES . 21
5–2A–05. 22
(A) THE DEPARTMENT SHALL : 23
(1) DEVELOP AND PUBLISH A COMPREHENSIVE LONG–RANGE 24
STRATEGIC PLAN BY DECEMBER 1, 2023; AND 25
(2) UPDATE THE COMPREHENSIVE LONG–RANGE STRATEGIC PLAN 26
EVERY 5 YEARS TO REFLECT MAJ OR GOALS AND PROGRES S TOWARD MEETING 27
THOSE GOALS. 28
(B) THE COMPREHENSIVE LONG–RANGE STRATEGIC PLAN SHALL 29
INCLUDE: 30
16 SENATE BILL 541
(1) THE FEASIBILITY OF: 1
(I) ESTABLISHING NEW STATE PARKS; AND 2
(II) DEVELOPING NEW AMENIT IES IN CURRENT STATE PARKS, 3
INCLUDING: 4
1. TRAILS; 5
2. WATER ACCESS; 6
3. PARKING AREAS ; AND 7
4. OTHER CAPITAL IMPROVEMENTS THAT INCREASE 8
PARK CAPACITY ; 9
(2) NEW STATE HISTORICAL PARK S OR OTHER UNITS THA T 10
PRESERVE AND INTERPR ET THE STORY OF MINO RITIES AND OTHER 11
UNDERREPRESENTED COM MUNITIES; 12
(3) A MULTILATERAL , WHOLE–SYSTEM PLAN FOR OUTD OOR 13
RECREATION IN THE STATE, INCLUDING: 14
(I) THE RESULTS OF ANY CO ORDINATION BETWEEN T HE 15
DEPARTMENT AND COUNTY , MUNICIPAL, AND FEDERAL PARK SYS TEMS TO 16
INCREASE TRAIL CONNE CTIVITY BETWEEN PARK SYSTEMS; AND 17
(II) AN ECONOMIC PLAN DEVE LOPED BY THE DEPARTMENT IN 18
CONSULTATION WITH : 19
1. THE OFFICE OF OUTDOOR RECREATION; 20
2. THE PARK SERVICE’S BUSINESS MANAGER ; 21
3. COUNTY TOURISM ENTITI ES AND ECONOMIC 22
DEVELOPMENT OFFICES ; 23
4. THE MARYLAND MUNICIPAL LEAGUE; 24
5. THE MARYLAND ASSOCIATION OF COUNTIES; AND 25
6. THE OUTDOOR RECREATION ROUNDTABLE ; 26
SENATE BILL 541 17
(4) THE FEASIBILITY OF EX PANDING THE DAY –USE RESERVATION 1
SYSTEM BEYOND THE FALLING BRANCH AREA OF ROCKS STATE PARK TO ALL 2
PARKS EXPERIENCING C APACITY SHUTDOWNS , INCLUDING CONSIDERAT IONS ON 3
HOW THE EXPANSION OF THE DAY–USE RESERVATION SYST EM MAY IMPACT STATE 4
PARK VISITORS IN TER MS OF EQUITY AND ACC ESS; 5
(5) AN ANALYSIS OF HOW TH E DEPARTMENT CAN INTEGR ATE 6
INFRASTRUCTURE MESSA GING WITH THE NATIONAL PARK SERVICE AND LOCAL 7
GOVERNMENTS , INCLUDING THE DEVELO PMENT AND MAINTENANC E OF A 8
COORDINATED WEBSITE AND DIGITAL APPLICAT ION THAT PROVIDES IN FORMATION 9
ON: 10
(I) WHERE PARKS AND OPEN SPACES ARE LOCATED ; 11
(II) AVAILABLE AMENITIES ; AND 12
(III) REAL–TIME INFORMATION ON THE O PERATIONAL STATUS 13
OF A PARK, INCLUDING CAPACITY ; 14
(6) LONG–TERM MEASURES TO : 15
(I) RECRUIT AND RETAIN PE OPLE OF COLOR AND BI LINGUAL 16
STAFF INTO PARK SERVICE POSITIONS ; AND 17
(II) PROVIDE ONGOING UPDAT ES ON EFFORTS TO REC RUIT AND 18
RETAIN A DIVERSE PARK SERVICE WORKFORCE ; 19
(7) DETAILS AND UPDATES O N THE DEVELOPMENT OF PROGRAMS IN 20
COLLABORATION WITH T HE STATE’S HISTORICALLY BLACK COLLEGES AND 21
UNIVERSITIES THAT AR E: 22
(I) MODELED ON THE CADET PROGRAM S IMPLEMENTED BY 23
THE NATIONAL PARK SERVICE; AND 24
(II) FOCUSED ON CREATING A PIPELINE OF NEW RANG ERS AND 25
OTHER FULL–TIME STAFF FROM AMON G VOLUNTEERS , THE STATE FOSTER YOUTH 26
SYSTEM, AND HISTORICALLY UND ERSERVED COMMUNITIES ; AND 27
(8) THE RESULTS OF: 28
(I) IMPLEMENTING A VOLUNT EER MANAGEMENT PROGR AM 29
UNDER § 5–2A–02(E) OF THIS SUBTITLE; 30
18 SENATE BILL 541
(II) LEVERAGING CHARITABLE FUNDING FOR PARK 1
ENHANCEMENTS UNDER § 5–2A–02(F) OF THIS SUBTITLE; AND 2
(III) ANY COLLABORATION BET WEEN THE DEPARTMENT AND 3
THE DEPARTMENT OF TRANSPORTATION AND LO CAL TRANSPORTATION A GENCIES 4
TO IMPROVE BICYCLE , SIDEWALK, AND TRAIL ACCESS TO STATE PARKS. 5
5–9A–01. 6
(a) The General Assembly declares that: 7
(1) Sprawl development and other modifications to the landscape in 8
Maryland continue at an alarming rate, consuming land rich in natural resource, 9
agricultural, and forestry value, adversely affecting water quality, wetlands and habitat, 10
threatening resource–based economies and cultural assets, and rending the fabric of rural 11
life; 12
(2) Current State, county, and local land conservation programs help to 13
limit the effect of sprawl development but lack sufficient funding and focus to preserve key 14
areas before escalating land values make their protection impossible or the land is lost to 15
development; and 16
(3) A grant program that leverages available funding, focuses on 17
preservation of strategic resources, including those resources threatened by sprawl 18
development, streamlines real property acquisition procedures to ex pedite land 19
preservation, takes advantage of innovative preservation techniques such as transferable 20
development rights and the purchase of development rights, and promotes a greater level 21
of natural and environmental resources protection than is provided by existing efforts, will 22
establish a rural legacy for future generations. 23
(b) (1) A Rural Legacy Program is established to enhance natural resource, 24
agricultural, forestry, and environmental protection as provided in subsection (a) of this 25
section while maintaining the viability of resource–based land usage and proper 26
management of tillable and wooded areas through accepted agricultural and silvicultural 27
practices for farm production and timber harvests. 28
(2) The Program provides funds to the local governments and land trusts 29
to purchase interests in real property from willing sellers, including easements, 30
transferable development rights, and fee estates, focused in designated Rural Legacy 31
Areas. 32
(3) The Program shall encourage partnerships among the federal, State, 33
and local governments, and nonprofit land trust organizations and encourage local land 34
conservation initiatives. 35
SENATE BILL 541 19
(4) The Program is administered by a Rural Legacy Board in the 1
Department of Natural Resources, an advisory committee, and existing State staff. 2
(c) The Program is funded: 3
(1) Pursuant to § 13–209 of the Tax – Property Article and § 5–903(a)(2)(iii) 4
of this title; [and] 5
(2) By the proceeds from the sale of general obligation bonds as provided 6
in § 5–9A–09 of this subtitle; AND 7
(3) BY MONEY APPROPRIATED IN THE STATE BUDGET TO THE 8
PROGRAM. 9
(d) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 10
ANNUAL BUDGET BILL A N APPROPRIATION OF $5,444,127 TO THE PROGRAM. 11
(E) When negotiating and awarding grants, the Board shall encourage sponsors 12
to utilize zero coupon bonds in the implementation of the Rural Legacy Plan in order to 13
reduce the utilization of general obligation bonds in funding the grants. 14
5–1012. 15
(A) IN THIS SECTION, “PARTNERSHIP PARK ” MEANS A UNIT OF THE STATE 16
PARK SYSTEM MANAGED BY THE DEPARTMENT IN PARTNER SHIP WITH A LOCAL 17
GOVERNMENT , A BICOUNTY AGENCY , OR A NONPROFIT ORGAN IZATION. 18
(B) (1) THE DEPARTMENT SHALL ESTA BLISH THE FREEDMAN’S STATE 19
HISTORICAL PARK AS A PARTNERSHIP PARK THAT SEEKS TO E DUCATE THE PUBLIC 20
ABOUT AND PRESERVE A ND INTERPRET THE LIV ES AND EXPERIENCES O F BLACK 21
AMERICANS BOTH BEFORE AND AFTER THE ABOLIT ION OF SLAVERY. 22
(2) FREEDMAN’S STATE HISTORICAL PARK SHALL BE HELD BY THE 23
STATE AS A STATE PARK UNDER THE PROTECTION AND ADMIN ISTRATION OF THE 24
DEPARTMENT . 25
(C) THE PARK SHALL CONSIS T OF PROPERTIES IN N ORTHEASTERN 26
MONTGOMERY COUNTY IN OR NEAR THE COMMUNITIES OF BROOKEVILLE, OLNEY, 27
SANDY SPRING, ZION, AND LAYTONSVILLE THAT ARE : 28
(1) OWNED BY THE STATE AND DESIGNATED BY THE DEPARTMENT AS 29
PART OF THE PARK ; AND 30
20 SENATE BILL 541
(2) (I) OWNED BY A LOCAL GOVE RNMENT, A BICOUNTY AGENCY , 1
OR A NONPROFIT ORGAN IZATION; AND 2
(II) DESIGNATED AS PART OF THE PARK BY A PARTNE RSHIP 3
AGREEMENT BETWEEN TH E OWNER OF THE PROPE RTY AND THE STATE. 4
(D) (1) THE DEPARTMENT SHALL ESTAB LISH A STAKEHOLDER A DVISORY 5
COMMITTEE TO ADVISE THE DEPARTMENT ON THE SCO PE AND MANAGEMENT OF 6
THE PARK. 7
(2) THE STAKEHOLDER ADVIS ORY COMMITTEE SHALL CONSIST OF 8
THE FOLLOWING MEMBER S: 9
(I) A REPRESENTATIVE OF MONTGOMERY PARKS, 10
DESIGNATED BY MONTGOMERY PARKS’ DIRECTOR OF PARKS; 11
(II) A REPRESENTATIVE OF TH E HERITAGE TOURISM 12
ALLIANCE OF MONTGOMERY COUNTY, DESIGNATED BY THE ALLIANCE’S 13
EXECUTIVE DIRECTOR; 14
(III) A REPRESENTATIVE OF TH E SANDY SPRING SLAVE 15
MUSEUM, DESIGNATED BY THE MUSEUM’S DIRECTOR; 16
(IV) A REPRESENTATIVE OF TH E SANDY SPRING MUSEUM, 17
DESIGNATED BY THE MUSEUM’S PRESIDENT; AND 18
(V) ANY OTHER MEMBERS AS DETERMINED BY THE 19
DEPARTMENT . 20
(3) TO THE EXTENT PRACTIC ABLE, THE STAKEHOLDER ADVI SORY 21
COMMITTEE SHALL REFL ECT THE DIVERSITY OF NORTHEASTERN MONTGOMERY 22
COUNTY. 23
(E) ON OR BEFORE JANUARY 1, 2023, THE DEPARTMENT SHALL SUBM IT A 24
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 25
STATE GOVERNMENT ARTICLE, ON: 26
(1) PROPERTY OWNED BY THE STATE IN NORTHEASTERN 27
MONTGOMERY COUNTY THAT IS SUITAB LE FOR INCLUSION IN FREEDMAN’S STATE 28
HISTORICAL PARK; 29
(2) PROPERTY OWNED BY A L OCAL GOVERNMENT , A BICOUNTY 30
AGENCY, OR A NONPROFIT ORGAN IZATION IN NORTHEAST ERN MONTGOMERY 31 SENATE BILL 541 21
COUNTY THAT IS SUITAB LE FOR INCLUSION IN THE PARK AND FOR WHI CH THE 1
LANDOWNERS ARE WILLI NG TO ENTER INTO A P ARTNERSHIP AGREEMENT ; AND 2
(3) THE FUNDING NEEDED TO ESTABLISH AND PROMOT E THE PARK. 3
Article – Agriculture 4
2–505. 5
(a) The Maryland Agricultural Land Preservation Fund is created and continued 6
for the purposes specified in this subtitle. 7
(b) The Maryland Agricultural Land Preservation Fund shall comprise: 8
(1) Any money made available to the Fund by general or special fund 9
appropriations; 10
(2) Any money made available to the Fund by grants or transfers from 11
governmental or private sources; and 12
(3) Any money received under § 2–513(c) of this subtitle. 13
(I) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLU DE IN THE 14
ANNUAL BUDGET BILL A N APPROPRIATION OF $18,564,469 TO THE FUND. 15
Article – Economic Development 16
10–501. 17
(a) In this subtitle the following words have the meanings indicated. 18
(f) “Corporation” means the Maryland Agricultural and Resource–Based 19
Industry Development Corporation. 20
10–523. 21
(a) (1) The Corporation may receive annual funding through an appropriation 22
in the State budget. 23
(2) The Corporation may also receive money for projects included in the 24
budgets of State units. 25
(3) (i) To assist the Corporation in complying with subsection (c) of this 26
section, the Governor shall include each year in the State budget bill an appropriation to 27
the Corporation for rural business development and assistance as follows: 28
22 SENATE BILL 541
1. for fiscal year 2021, $2,875,000; and 1
2. for each of the fiscal years 2022 through 2025, $2,735,000. 2
(ii) 1. [In] EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 3
OF THIS SUBPARAGRAPH , IN addition to any money provided under subparagraph (i) of 4
this paragraph, the Governor may include each year in the State budget bill an 5
appropriation to the Corporation in an amount not exceeding $5,000,000 for rural land 6
acquisition and easement programs, including programs to assist young and beginning 7
farmers. 8
2. FOR FISCAL YEAR 2024, THE GOVERNOR SHALL 9
INCLUDE IN THE ANNUA L BUDGET BILL A GENERAL FUND APPROPRIATION IN THE 10
AMOUNT OF $10,000,000 TO THE CORPORATION FOR THE NEXT GENERATION 11
FARMLAND ACQUISITION PROGRAM. 12
Article – State Finance and Procurement 13
6–226. 14
(a) (2) (i) Notwithstanding any other provision of law, and unless 15
inconsistent with a federal law, grant agreement, or other federal requirement or with the 16
terms of a gift or settlement agreement, net interest on all State money allocated by the 17
State Treasurer under this section to special funds or accounts, and otherwise entitled to 18
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 19
Fund of the State. 20
(ii) The provisions of subparagraph (i) of this paragraph do not apply 21
to the following funds: 22
144. the Health Equity Resource Community Reserve Fund; 23
[and] 24
145. the Access to Counsel in Evictions Special Fund; 25
146. THE PARK SYSTEM CRITICAL MAINTENANCE FUND; 26
AND 27
147. THE PARK SYSTEM CAPITAL IMPROVEMENTS AND 28
ACQUISITION FUND. 29
13–109. 30
(a) In this section, “small procurement” means a procurement for which: 31
(1) a unit spends $50,000 or less; 32 SENATE BILL 541 23
(2) a contractor provides services subject to § 11–202(3) of this article for 1
expected annual revenues of $50,000 or less; 2
(3) the Department of General Services or the Department of 3
Transportation is seeking to award a procurement contract for a construction with a value 4
that is $100,000 or less; [or] 5
(4) THE DEPARTMENT OF NATURAL RESOURCES IS SEEK ING TO 6
AWARD A PROCUREMENT CONTRACT FOR CAPITAL PROJECTS OR MAINTENA NCE 7
WITH A VALUE THAT IS $100,000 OR LESS; OR 8
(5) for purposes of administering Title 29, Subtitle 1 of the State Personnel 9
and Pensions Article, the State Retirement Agency spends $50,000 or less during a fiscal 10
year for: 11
(i) expenses related to independent medical evaluations by a 12
physician; and 13
(ii) any expenses related to testimony by the physician at 14
administrative hearings on behalf of the Agency. 15
(b) A unit may make small procurements in accordance with the regulations of 16
primary procurement units. 17
(c) A primary procurement unit may not create a small procurement by artificial 18
division of a procurement. 19
(d) Any regulation of a primary procurement unit to govern small procurements: 20
(1) shall provide for a simplified administrative procedure; 21
(2) shall be consistent with the basic intent of this Division II; and 22
(3) may not be disadvantageous economically to the State. 23
(e) At least every 3 years, the Board shall: 24
(1) review the prevailing costs of labor and materials; and 25
(2) if warranted by changes in cost, recommend to the General Assembly 26
appropriate adjustments in the ceiling for a small procurement. 27
Article – Tax – Property 28
13–209. 29 24 SENATE BILL 541
(g) (1) [(i) For each of fiscal years 2018, 2019, 2020, 2021, and 2022, the 1
Governor shall include in the budget bill a General Fund appropriation in the amount of 2
$2,500,000 to the Maryland Agricultural and Resource–Based Industry Development 3
Corporation for the Next Generation Farmland Acquisition Program authorized under § 4
10–523(a)(3)(ii) of the Economic Development Article. 5
(ii) The appropriation required under subparagraph (i) of this 6
paragraph: 7
1. represents reimbursement for 13.9% of the cumulative 8
amount appropriated or transferred from the special fund to the General Fund for fiscal 9
year 2006; and 10
2. is not subject to the provisions of subsections (a) through 11
(f) of this section. 12
(2) (i) 1. The Governor shall include in the annual budget bill for 13
fiscal year 2021 a General Fund appropriation to the special fund in the amount of 14
$5,690,501.] 15
[2.] (I) The Governor shall include in [each of] the annual 16
budget [bills] BILL for fiscal [years 2022 and] YEAR 2023 a General Fund appropriation to 17
the special fund in the amount of $12,500,000. 18
[3. The Governor shall include in the annual budget bill for 19
fiscal year 2024 a General Fund appropriation to the special fund in the amount of 20
$6,809,499.] 21
(ii) The [appropriations] APPROPRIATION required under 22
subparagraph (i) of this paragraph: 23
1. [are] IS not subject to the provisions of subsections (a), (b), 24
(c), and (f) of this section; 25
2. shall be allocated as provided in subsection (d) of this 26
section and § 5–903 of the Natural Resources Article; and 27
3. shall be reduced by the amount of any appropriation from 28
the General Fund to the special fund that: 29
A. exceeds the required appropriation under this paragraph; 30
and 31
B. is identified as an appropriation for reimbursement under 32
this paragraph. 33 SENATE BILL 541 25
[(3)] (2) (i) [1.] The Governor shall include in [each of] the annual 1
budget [bills] BILL for fiscal year [2019 and fiscal years] 2023 [through 2026] a General 2
Fund appropriation to the special fund in the amount of $6,000,000 [and for fiscal year 3
2027 a General Fund appropriation to the special fund in the amount of $4,000,000] for 4
park development and the critical maintenance of State projects located on lands managed 5
by the Department of Natural Resources for public purposes. 6
[2. The Governor shall include in the annual budget bill for 7
fiscal year 2022 only a General Fund appropriation to the special fund in the amount of 8
$21,930,475 for the critical maintenance of State projects located on lands managed by the 9
Department of Natural Resources for public purposes.] 10
(ii) The [appropriations] APPROPRIATION required under 11
subparagraph (i) of this paragraph: 12
1. [are] IS not subject to the provisions of subsections (a), (b), 13
(c), and (f) of this section; AND 14
2. [shall be made until the cumulative total amount 15
appropriated under subparagraph (i) of this paragraph is equal to $55,930,475; and 16
3.] shall be reduced by the amount of any appropriation from 17
the General Fund to the special fund that: 18
A. exceeds the required appropriation under this paragraph; 19
B. is identified as an appropriation for reimbursement under 20
this paragraph; and 21
C. supplements rather than supplants the Department of 22
Natural Resources funding for the critical maintenance of State projects on State lands, 23
based on the average critical maintenance budget of the 10 years preceding the 24
appropriation. 25
[(4)] (3) (i) 1. [Subject to subparagraph (ii) of this paragraph, the 26
Governor shall appropriate from the General Fund to the special fund $119,800,225, which 27
equals the cumulative amount of the appropriations or transfers from the special fund to 28
the General Fund for fiscal years 2016, 2017, and 2018, less $104,365,475. 29
2. For fiscal year 2022 only, the Governor shall include in the 30
annual budget bill a General Fund appropriation in the amount of $1,200,000 to the State 31
Lakes Protection and Restoration Fund established under § 8–205 of the Natural Resources 32
Article to be used only to fund a pilot dredging project at Deep Creek Lake, which is not 33
required to be matched by local funds. 34
26 SENATE BILL 541
3.] For [each of] fiscal [years] YEAR 2023, [2024, 2025, 2026, 1
and 2027,] the Governor shall include in the annual budget bill a General Fund 2
appropriation in the amount of $2,500,000 to the Maryland Agricultural and 3
Resource–Based Industry Development Corporation for the Next Generation Farmland 4
Acquisition Program authorized under § 10–523(a)(3)(ii) of the Economic Development 5
Article. 6
[4.] 2. For fiscal year 2025 only, the Governor shall include in 7
the annual budget bill a General Fund appropriation in the amount of $2,735,000 to the 8
Maryland Agricultural and Resource–Based Industry Development Corporation 9
established under Title 10, Subtitle 5 of the Economic Development Article to be used as 10
follows: 11
A. $2,300,000 to support the Corporation’s rural business 12
loan programs and small matching grant programs; and 13
B. $435,000 for grants and near–equity investments to: 14
I. support the creation or expansion of agricultural product 15
aggregation and storage sites; and 16
II. facilitate participation in the Certified Local Farm 17
Enterprise Program. 18
(ii) [The Governor shall appropriate at least: 19
1. $8,230,475 on or before June 30, 2022; 20
2. an additional $37,986,900 on or before June 30, 2026; 21
3. an additional $48,221,900 on or before June 30, 2030; and 22
4. an additional $25,360,950 on or before June 30, 2031. 23
(iii)] The appropriations required under [subparagraphs] 24
SUBPARAGRAPH (i) [and (ii)] of this paragraph: 25
1. [represent reimbursement for the cumulative amount of 26
any appropriation or transfer from the special fund to the General Fund for fiscal years 27
2016, 2017, and 2018, less $104,365,475; 28
2.] are not subject to the provisions of subsections (a), (b), (c), 29
and (f) of this section; 30
[3.] 2. Shall be allocated as provided in subsection (d) of this 31
section and § 5–903 of the Natural Resources Article; AND 32 SENATE BILL 541 27
[4. Shall be made until the cumulative total appropriated 1
under subparagraphs (i) and (ii) of this paragraph is equal to the cumulative amount of any 2
appropriation or transfer from the special fund to the General Fund for fiscal years 2016, 3
2017, and 2018, less $104,365,475; and] 4
[5.] 3. shall be reduced by the amount of any appropriation 5
from the General Fund to the special fund that: 6
A. exceeds the required appropriation under this paragraph; 7
and 8
B. is identified as an appropriation for reimbursement under 9
this paragraph. 10
Article – Labor and Employment 11
9–207. 12
(a) A PARK SERVICES ASSOCI ATE, A FOREST RANGER , A PARK RANGE R, A 13
WILDLIFE RANGER , A registered crew member, a paid law enforcement employee, or an 14
individual engaged for fire fighting by the Department of Natural Resources is a covered 15
employee. 16
(b) Notwithstanding § 9–203 of this subtitle, an individual engaged for fire 17
fighting who otherwise would be a covered employee under subsection (a) of this section is 18
a covered employee even if the fire fighting takes place outside of the State. 19
(c) Notwithstanding § 9–205 of this subtitle, an individual who otherwise would 20
be a covered employee under subsection (a) of this section is a covered employee even if 21
engaged temporarily or part time. 22
(d) For the purpose of this title, the Department of Natural Resources is the 23
employer of an individual who is a covered employee under this section. 24
9–503. 25
(a) A PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK RANGER , 26
WILDLIFE RANGER , paid firefighter, paid fire fighting instructor, paid rescue squad 27
member, paid advanced life support unit member, or sworn member of the Office of the 28
State Fire Marshal employed by an airport authority, a county, a fire control district, a 29
municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, 30
volunteer rescue squad member, or volunteer advanced life support unit member who is a 31
covered employee under § 9–234 of this title is presumed to have an occupational disease 32
that was suffered in the line of duty and is compensable under this title if: 33
28 SENATE BILL 541
(1) the individual has heart disease, hypertension, or lung disease; 1
(2) the heart disease, hypertension, or lung disease results in partial or 2
total disability or death; and 3
(3) in the case of a volunteer firefighter, volunteer fire fighting instructor, 4
volunteer rescue squad member, or volunteer advanced life support unit member, the 5
individual has met a suitable standard of physical examination before becoming a 6
firefighter, fire fighting instructor, rescue squad member, or advanced life support unit 7
member. 8
(b) (1) A paid police officer employed by an airport authority, a county, the 9
Maryland–National Capital Park and Planning Commission, a municipality, or the State, 10
a deputy sheriff of Montgomery County, or, subject to paragraph (2) of this subsection, a 11
deputy sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy 12
sheriff of Baltimore City, Montgomery County correctional officer, Prince George’s County 13
deputy sheriff, Prince George’s County correctional officer, or deputy sheriff of Allegany 14
County is presumed to be suffering from an occupational disease that was suffered in the 15
line of duty and is compensable under this title if: 16
(i) the police officer, deputy sheriff, or correctional officer is 17
suffering from heart disease or hypertension; and 18
(ii) the heart disease or hypertension results in partial or total 19
disability or death. 20
(2) (i) A deputy sheriff of Anne Arundel County, Anne Arundel County 21
detention officer, deputy sheriff of Baltimore City, Montgomery County correctional officer, 22
Prince George’s County deputy sheriff, or Prince George’s County correctional officer is 23
entitled to the presumption under this subsection only to the extent that the individual 24
suffers from heart disease or hypertension that is more severe than the individual’s heart 25
disease or hypertension condition existing prior to the individual’s employment as a deputy 26
sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy sheriff of 27
Baltimore City, Montgomery County correctional officer, Prince George’s County deputy 28
sheriff, or Prince George’s County correctional officer. 29
(ii) To be eligible for the presumption under this subsection, a deputy 30
sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy sheriff of 31
Baltimore City, Montgomery County correctional officer, Prince George’s County deputy 32
sheriff, or Prince George’s County correctional officer, as a condition of employment, shall 33
submit to a medical examination to determine any heart disease or hypertension condition 34
existing prior to the individual’s employment as a deputy sheriff of Anne Arundel County, 35
Anne Arundel County detention officer, deputy sheriff of Baltimore City, Montgomery 36
County correctional officer, Prince George’s County deputy sheriff, or Prince George’s 37
County correctional officer. 38
SENATE BILL 541 29
(c) A PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK RANGER , 1
WILDLIFE RANGER , paid firefighter, paid fire fighting instructor, paid rescue squad 2
member, paid advanced life support unit member, or a sworn member of the Office of the 3
State Fire Marshal employed by an airport authority, a county, a fire control district, a 4
municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, 5
volunteer rescue squad member, or volunteer advanced life support unit member who is a 6
covered employee under § 9–234 of this title is presumed to be suffering from an 7
occupational disease that was suffered in the line of duty and is compensable under this 8
title if: 9
(1) the individual has leukemia or prostate, rectal, throat, multiple 10
myeloma, non–Hodgkin’s lymphoma, brain, testicular, bladder, kidney or renal cell, or 11
breast cancer that is caused by contact with a toxic substance that the individual has 12
encountered in the line of duty; 13
(2) the individual has completed at least 10 years of cumulative service 14
within the State as a firefighter, a fire fighting instructor, a rescue squad member, or an 15
advanced life support unit member or in a combination of those jobs; 16
(3) the cancer or leukemia results in partial or total disability or death; and 17
(4) in the case of a volunteer firefighter, volunteer fire fighting instructor, 18
volunteer rescue squad member, or volunteer advanced life support unit member, the 19
individual has met a suitable standard of physical examination before becoming a 20
firefighter, fire fighting instructor, rescue squad member, or advanced life support unit 21
member. 22
(d) (1) A PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK RANGER , 23
WILDLIFE RANGER , paid law enforcement employee of the Department of Natural 24
Resources who is a covered employee under § 9–207 of this title, and a park police officer of 25
the Maryland–National Capital Park and Planning Commission is presumed to have an 26
occupational disease that was suffered in the line of duty and is compensable under this 27
title if the [employee] INDIVIDUAL: 28
(i) is suffering from Lyme disease; and 29
(ii) was not suffering from Lyme disease before assignment to a 30
position that regularly places the employee in an outdoor wooded environment. 31
(2) The presumption under this subsection for a park police officer of the 32
Maryland–National Capital Park and Planning Commission shall only apply: 33
(i) during the time that the park police officer is assigned to a 34
position that regularly places the park police officer in an outdoor wooded environment; 35
and 36
30 SENATE BILL 541
(ii) for 3 years after the last date that the park police officer was 1
assigned by the Maryland–National Capital Park and Planning Commission to a position 2
that regularly placed the officer in an outdoor wooded environment. 3
(e) (1) Except as provided in paragraph (2) of this subsection, any paid 4
firefighter, paid fire fighting instructor, sworn member of the Office of the State Fire 5
Marshal, paid police officer, PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK 6
RANGER, WILDLIFE RANGER , paid law enforcement employee of the Department of 7
Natural Resources, deputy sheriff of Anne Arundel County, An ne Arundel County 8
detention officer, park police officer of the Maryland–National Capital Park and Planning 9
Commission, deputy sheriff of Montgomery County, deputy sheriff of Baltimore City, 10
Montgomery County correctional officer, deputy sheriff of Prince George’s County, or Prince 11
George’s County correctional officer who is eligible for benefits under subsection (a), (b), (c), 12
or (d) of this section or the dependents of those individuals shall receive the benefits in 13
addition to any benefits that the individual or the dependents of the individual are entitled 14
to receive under the retirement system in which the individual was a participant at the 15
time of the claim. 16
(2) The benefits received under this title shall be adjusted so that the 17
weekly total of those benefits and retirement benefits does not exceed the weekly salary 18
that was paid to [the paid law enforcement employee of the Department of Natural 19
Resources, a park police officer of the Maryland–National Capital Park and Planning 20
Commission, firefighter, fire fighting instructor, sworn member of the Office of the State 21
Fire Marshal, police officer, deputy sheriff, Prince George’s County or Montgomery County 22
correctional officer, or Anne Arundel County detention officer] AN INDIVIDUAL SPECIF IED 23
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 24
Article – Tax – General 25
10–209. 26
(a) (1) In this section the following words have the meanings indicated. 27
(2) “Correctional officer” means an individual who: 28
(i) was employed in: 29
1. a State correctional facility, as defined in § 1–101 of the 30
Correctional Services Article; 31
2. a local correctional facility, as defined in § 1–101 of the 32
Correctional Services Article; 33
3. a juvenile facility included in § 9–226 of the Human 34
Services Article; or 35
SENATE BILL 541 31
4. a facility of the United States that is equivalent to a State 1
or local correctional facility or a juvenile facility included in § 9–226 of the Human Services 2
Article; and 3
(ii) is eligible to receive retirement income attributable to the 4
individual’s employment under item (i) of this paragraph. 5
(3) “Emergency services personnel” means emergency medical technicians 6
or paramedics. 7
(4) (i) “Employee retirement system” means a plan: 8
1. established and maintained by an employer for the benefit 9
of its employees; and 10
2. qualified under § 401(a), § 403, or § 457(b) of the Internal 11
Revenue Code. 12
(ii) “Employee retirement system” does not include: 13
1. an individual retirement account or annuity under § 408 14
of the Internal Revenue Code; 15
2. a Roth individual retirement account under § 408A of the 16
Internal Revenue Code; 17
3. a rollover individual retirement account; 18
4. a simplified employee pension under Internal Revenue 19
Code § 408(k); or 20
5. an ineligible deferred compensation plan under § 457(f) of 21
the Internal Revenue Code. 22
(b) Subject to subsections (d) and (e) of this section, to determine Maryland 23
adjusted gross income, if, on the last day of the taxable year, a resident is at least 65 years 24
old or is totally disabled or the resident’s spouse is totally disabled, or the resident is at 25
least 55 years old and is a retired PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK 26
RANGER, WILDLIFE RANGER , correctional officer, law enforcement officer, or fire, rescue, 27
or emergency services personnel of the United States, the State, or a political subdivision 28
of the State, an amount is subtracted from federal adjusted gross income equal to the lesser 29
of: 30
(1) the cumulative or total annuity, pension, or endowment income from an 31
employee retirement system included in federal adjusted gross income; or 32
32 SENATE BILL 541
(2) the maximum annual benefit under the Social Security Act computed 1
under subsection (c) of this section, less any payment received as old age, survivors, or 2
disability benefits under the Social Security Act, the Railroad Retirement Act, or both. 3
(c) For purposes of subsection (b)(2) of this section, the Comptroller: 4
(1) shall determine the maximum annual benefit under the Social Security 5
Act allowed for an individual who retired at age 65 for the prior calendar year; and 6
(2) may allow the subtraction to the nearest $100. 7
(d) Military retirement income that is included in the subtraction under § 10–8
207(q) of this subtitle may not be taken into account for purposes of the subtraction under 9
this section. 10
(e) In the case of a retired PARK SERVICES ASSOCI ATE, FOREST RANGER , 11
PARK RANGER , WILDLIFE RANGER , correctional officer, law enforcement officer, or fire, 12
rescue, or emergency services personnel of the United States, the State, or a political 13
subdivision of the State, the amount included under subsection (b)(1) of this section is 14
limited to the first $15,000 of retirement income that is attributable to the resident’s 15
employment as a PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK RANGER , 16
WILDLIFE RANGER , correctional officer, [a] law enforcement officer, or fire, rescue, or 17
emergency services personnel of the United States, the State, or a political subdivision of 18
the State unless: 19
(1) the resident is at least 65 years old or is totally disabled; or 20
(2) the resident’s spouse is totally disabled. 21
SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding any other 22
provision of law, on or before June 30, 2022, the Governor may transfer to the Park System 23
Capital Improvements and Acquisition Fund established in § 5–221 of the Natural 24
Resources Article, as enacted by Section 1 of this Act, $60,000,000 of the funds for State 25
land acquisition under Program Open Space in the special fund established under § 13–209 26
of the Tax – Property Article. A transfer of funds from the special fund established under § 27
13–209 of the Tax – Property Article to the Park System Capital Improvements and 28
Acquisition Fund under this section may not be taken into account for purposes of 29
determining any allocation or appropriation required under § 13–209(f) or (g) of the Tax – 30
Property Article. 31
SECTION 3. AND BE IT FURTHER ENACTED, That the Parks and Recreation 32
Commission established in § 5–2A–03 of the Natural Resources Article, as enacted by 33
Section 1 of this Act, shall provide oversight to the Maryland Park Service on the 34
implementation of this Act. 35
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 36
1, 2022. 37 SENATE BILL 541 33