EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0541* SENATE BILL 541 M1, B5 2lr1782 CF HB 727 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 Young, Carozza, McCray, and Salling Introduced and read first time: January 28, 2022 Assigned to: Budget and Taxation and Education, Health, and Environmental Affairs Committee Report: Favorable with amendments Senate action: Adopted with floor amendments Read second time: February 28, 2022 CHAPTER ______ 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, safety, and location of 17 State parks, and establishing the Freedman’s State Historical Park, and authorizing 18 the Department of Natural Resources to enter into a certain memorandum of 19 understanding or partnership agreement to establish or manage a partnership park 20 in the State; establishing the Park System Critical Maintenance Fund as a special, 21 2 SENATE BILL 541 nonlapsing fund to provide funding for certain critical maintenance projects; 1 requiring interest earnings of the Park System Critical Maintenance Fund to be 2 credited to the Fund; establishing the Park System Capital Improvements and 3 Acquisition Fund as a special, nonlapsing fund to provide funding for certain capital 4 improvement projects and the acquisition of certain land; requiring interest earnings 5 of the Park System Capital Improvements and Acquisition Fund to be credited to the 6 Fund; establishing the Great Maryland Outdoors Fund as a special, nonlapsing fund 7 to provide funding related to outdoor recreation in the State; requiring interest 8 earnings of the Great Maryland Outdoors Fund to be credited to the Fund; increasing 9 the amount of Program Open Space grants awarded to Baltimore City beginning in 10 a certain fiscal year; requiring the Governor, for a certain fiscal year, to include in 11 the annual budget bill an appropriation of a certain amount to the Rural Legacy 12 Program, the Park System Critical Maintenance Fund, the Park System Capital 13 Improvements and Acquisition Fund, the Maryland Agricultural Land Preservation 14 Fund, and the Maryland Agricultural and Resource–Based Industry Development 15 Corporation; authorizing the Governor, for certain fiscal years, to include in the 16 annual budget bill an appropriation not exceeding a certain amount to the Great 17 Maryland Outdoors Fund; extending the termination of certain provisions of law 18 relating to the State Lakes Protection and Restoration Fund; requiring the 19 Department of Budget and Management to revise a certain job title on or before a 20 certain date; and generally relating to the Maryland Park Service. 21 BY repealing and reenacting, with amendments, 22 Article – Natural Resources 23 Section 5–204, 5–206(c), 5–903(a)(2)(ii)2., and 5–9A–01 24 Annotated Code of Maryland 25 (2018 Replacement Volume and 2021 Supplement) 26 BY adding to 27 Article – Natural Resources 28 Section 5–210.1, and 5–220, and 5–221 through 5–222; 5–2A–01 through 5–2A–05 29 to be under the new subtitle “Subtitle 2A. Maryland Park Service”; and 30 5–1012 31 Annotated Code of Maryland 32 (2018 Replacement Volume and 2021 Supplement) 33 BY repealing and reenacting, without amendments, 34 Article – Natural Resources 35 Section 5–903(a)(2)(ii)1. and 3. 36 Annotated Code of Maryland 37 (2018 Replacement Volume and 2021 Supplement) 38 BY repealing and reenacting, without amendments, 39 Article – Agriculture 40 Section 2–505(a) and (b) 41 Annotated Code of Maryland 42 (2016 Replacement Volume and 2021 Supplement) 43 SENATE BILL 541 3 BY adding to 1 Article – Agriculture 2 Section 2–505(i) 3 Annotated Code of Maryland 4 (2016 Replacement Volume and 2021 Supplement) 5 BY repealing and reenacting, without amendments, 6 Article – Economic Development 7 Section 10–501(a) and (f) 8 Annotated Code of Maryland 9 (2018 Replacement Volume and 2021 Supplement) 10 BY repealing and reenacting, with amendments, 11 Article – Economic Development 12 Section 10–523(a) 13 Annotated Code of Maryland 14 (2018 Replacement Volume and 2021 Supplement) 15 BY repealing and reenacting, without amendments, 16 Article – State Finance and Procurement 17 Section 6–226(a)(2)(i) 18 Annotated Code of Maryland 19 (2021 Replacement Volume) 20 BY repealing and reenacting, with amendments, 21 Article – State Finance and Procurement 22 Section 6–226(a)(2)(ii)144. and 145. and 13–109 23 Annotated Code of Maryland 24 (2021 Replacement Volume) 25 BY adding to 26 Article – State Finance and Procurement 27 Section 6–226(a)(2)(ii)146. and 147. through 148. 28 Annotated Code of Maryland 29 (2021 Replacement Volume) 30 BY repealing and reenacting, with amendments, 31 Article – Tax – Property 32 Section 13–209(g) 33 Annotated Code of Maryland 34 (2019 Replacement Volume and 2021 Supplement) 35 BY repealing and reenacting, with amendments, 36 Article – Labor and Employment 37 Section 9–207 and 9–503 9–503(d) and (e) 38 Annotated Code of Maryland 39 4 SENATE BILL 541 (2016 Replacement Volume and 2021 Supplement) 1 BY repealing and reenacting, with amendments, 2 Article – Tax – General 3 Section 10–209 4 Annotated Code of Maryland 5 (2016 Replacement Volume and 2021 Supplement) 6 BY repealing and reenacting, with amendments, 7 Chapter 698 of the Acts of the General Assembly of 2018 8 Section 3 9 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 That the Laws of Maryland read as follows: 11 Article – Natural Resources 12 5–204. 13 (a) (1) There is a Sustainable Forestry Council in the Department. 14 (2) The purpose of the Council is to advise the Department on all matters 15 related to: 16 (i) Sustainable forestry management in the State; 17 (ii) The expenditure of funds from the Mel Noland Woodland 18 Incentives Fund under § 5–307 of this title; 19 (iii) Existing regulatory and statutory policies that are perceived as 20 economic barriers to a viable forest products industry; 21 (iv) New markets to enhance forest health, including renewable 22 energy development through biomass energy, to offset fossil fuel consumption and reduce 23 greenhouse gas emissions; 24 (v) Creative strategies to help privately owned forest lands better 25 compete with real estate market values that are driving forest conversion and 26 fragmentation; 27 (vi) The means to promote forest–based economies and processing 28 capability that contribute to economic and employment growth; and 29 (vii) Assigning a nutrient efficiency benefit to forest stewardship 30 plans and other forest conservation management plans that can be measurably tracked and 31 reported by the number of forested acres covered by the plans. 32 SENATE BILL 541 5 (b) [There is a Park Advisory Commission in the Department. 1 (c)] (1) The Sustainable Forestry Council shall have 9 members. 2 (2) Members of the Council shall be appointed by the Governor, with the 3 advice of the Secretary, to serve at the pleasure of the Governor. 4 [(d) (1) The Park Advisory Commission shall have 12 members. 5 (2) Members of the Park Advisory Commission shall be appointed by the 6 Governor, with the advice of the Secretary, to serve at the pleasure of the Governor.] 7 5–206. 8 (c) A [park services associate] PARK RANGER who is not commissioned as a law 9 enforcement officer under subsection (b) of this section may issue a citation for a parking 10 violation on: 11 (1) Property owned by the State and managed by the Department; 12 (2) Public and private property that is within the boundaries of State 13 property managed by the Department; 14 (3) Public and private property that adjoins property owned by the State 15 and managed by the Department; and 16 (4) A roadway within the boundaries of, or that portion of a roadway that 17 adjoins, property owned by the State and managed by the Department. 18 5–210.1. 19 (A) THE DEPARTMENT SHALL COOR DINATE WITH THE DEPARTMENT OF 20 GENERAL SERVICES TO: 21 (1) DEVELOP AN ELECTRONIC ASSET MANAGEMENT SYS TEM FOR ITS 22 INFRASTRUCTURE, INCLUDING: 23 (I) A LIST OF MAINTENANCE PROJECTS AT EACH SIT E; AND 24 (II) THE STATUS OF EACH MA INTENANCE PROJECT ; AND 25 (III) THE DATE ON WHICH EAC H PROJECT WAS ADDED TO THE 26 SYSTEM; AND 27 6 SENATE BILL 541 (IV) FEATURES THAT ALLOW T HE DEPARTMENT TO MANAGE 1 THE PLANNING , SCHEDULING , WORK ORDER , AND COST OF EACH MAI NTENANCE 2 PROJECT; 3 (2) DEVELOP A FACILITY CO NDITION INDEX ASSESS MENT PROCESS 4 FOR ALL PARK SERVICE SITES, MODELED AFTER THE NATIONAL PARK SERVICE’S 5 FACILITY CONDITION I NDEX; AND 6 (3) ESTABLISH A DEDICATED ASSET EVAL UATION TEAM TO : 7 (I) ASSESS THE CONDITION OF MARYLAND PARK SERVICE 8 SITES STRUCTURES , INFRASTRUCTURE , AND LANDSCAPES ; AND 9 (II) UPDATE INDIVIDUAL FAC ILITY CONDITION INDI CES ON AN 10 ONGOING BASIS ; AND 11 (III) CROSS–REFERENCE THE CONDITION OF PARK SERVICE 12 SITES AND FACILITY C ONDITION INDICES WIT H THE DISTRIBUTION O F PARK 13 SERVICE ASSETS WITHIN ENVIRONMENTAL JUSTIC E COMMUNITIES AS IDE NTIFIED 14 BY THE DEPARTMENT USING THE MARYLAND ENVIRONMENTAL JUSTICE SCREEN 15 TOOL. 16 (B) WHEN DETERMINI NG WHETHER TO REPAIR OR REPLACE 17 INFRASTRUCTURE WITH SUSTAINABLE TECHNOLO GY, THE DEPARTMENT SHALL 18 CONSIDER HOW THE REP LACEMENT VALUE OF AN ASSET WILL CHANGE IF ONLY 19 SUSTAINABLE TECHNOLO GY IS USED, INCLUDING ANY ONGOIN G COST SAVINGS. 20 (C) (1) THE DEPARTMEN T SHALL: 21 (I) TAKE INVENTORY OF ALL STATE LAND MANAGED BY THE 22 DEPARTMENT , INCLUDING: 23 1. ACREAGE; 24 2. ANY STRUCTURES ON EAC H PROPERTY; AND 25 3. THE USE OF EACH PROPE RTY; AND 26 4. WHETHER A PROPERTY IS LOCATED WITHIN AN 27 ENVIRONMENTAL JUSTICE COMMUNITY AS IDENTIFIED BY THE DEPARTMENT USING 28 THE MARYLAND ENVIRONMENTAL JUSTICE SCREEN TOOL; 29 (II) DEVELOP A MAINTENANCE PROJECT PRIORITIZATI ON 30 PROCESS MODELED AFTE R THE NATIONAL PARK SERVICE’S ASSET PRIORITY IND EX 31 SENATE BILL 541 7 THAT INCLUDES A LAYE R INDICATING WHETHER A MAIN TENANCE PROJECT IS 1 LOCATED IN AN ENVIRO NMENTAL JUSTICE COMM UNITY AS IDENTIFIED BY THE 2 DEPARTMENT USING THE MARYLAND ENVIRONMENTAL JUSTICE SCREEN TOOL; 3 AND 4 (III) DEVELOP AND PUBLISH O N ITS WEBSITE A LIST OF 5 MAINTENANCE PROJECTS IN EVERY UNIT OF THE STATE PARK SYSTEM THA T ARE 6 EXPECTED TO COST MOR E THAN $25,000. 7 (2) (I) THE DEPARTMENT SHALL COND UCT A SYSTEMWIDE 8 SURVEY OF HISTORICAL AND CULTURAL RESOURC ES WITH A FOCUS ON RACI AL AND 9 LINGUISTIC INCLUSIVI TY, INCLUDING AN ESTIMAT ION OF RE STORATION, 10 PRESERVATION , AND MAINTENANCE COST S. 11 (II) THE DEPARTMENT MAY NOT DE LAY THE PRESERVATION 12 AND RESTORATION OF H ISTORICAL AND CULTUR AL RESOURCES WHILE 13 CONDUCTING THE SYSTE MWIDE SURVEY . 14 5–220. 15 (A) IN THIS SECTION , “FUND” MEANS THE PARK SYSTEM CRITICAL 16 MAINTENANCE FUND. 17 (B) THERE IS A PARK SYSTEM CRITICAL MAINTENANCE FUND. 18 (C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR COMPLETING 19 STATE PROJECTS THAT A DDRESS CRITICAL MAIN TENANCE CONCERNS ON LANDS 20 MANAGED BY THE DEPARTMENT FOR PUBLIC PURPOSES. 21 (D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 22 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 23 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 24 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 25 AND THE COMPTROL LER SHALL ACCOUNT FO R THE FUND. 26 (F) THE FUND CONSISTS OF : 27 (1) REVENUE DISTRIBUTED T O THE FUND UNDER § 13–209(G) OF THE 28 TAX – PROPERTY ARTICLE; 29 (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 30 8 SENATE BILL 541 (3) INTEREST EARNINGS ; AND 1 (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 2 THE BENEFIT OF THE FUND. 3 (G) THE FUND MAY BE USED ONLY FOR STATE PARK PROJECTS THAT 4 ADDRESS CRITICAL MAI NTENANCE CONCERNS ON LANDS MANAGED BY THE 5 DEPARTMENT FOR PUBLIC PURPOSES. 6 (H) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 7 IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 8 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 9 THE FUND. 10 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 11 WITH THE STATE BUDGET . 12 (J) MONEY EXPENDED FROM THE FUND FOR CRITICAL MAI NTENANCE IN 13 THE STATE’S PARKS IS SUPPLEMEN TAL TO AND IS NOT IN TENDED TO TAKE THE 14 PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR CRI TICAL 15 MAINTENANCE IN THE STATE’S PARKS. 16 (K) (1) FOR FISCAL YEAR 2024 ONLY, THE GOVERNOR SHALL INCLUD E IN 17 THE ANNUAL BUDGET BI LL A GENERAL FUND APPROPRIATION IN THE AMOUNT OF 18 $80,000,000 $70,000,000 TO THE FUND FOR STATE PROJECTS THAT A DDRESS 19 CRITICAL MAINTENANCE CONCERNS ON LANDS MA NAGED BY THE DEPARTMENT 20 FOR PUBLIC PURPOSES . 21 (2) THE DEPARTMENT SHALL EXPE ND THE FUNDS ALLOCAT ED 22 UNDER THIS SUBSECTIO N BEFORE JULY 1, 2026. 23 5–221. 24 (A) IN THIS SECTION , “FUND” MEANS THE PARK SYSTEM CAPITAL 25 IMPROVEMENTS AND ACQUISITION FUND. 26 (B) THERE IS A PARK SYSTEM CAPITAL IMPROVEMENTS A ND ACQUISITION 27 FUND. 28 (C) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR: 29 SENATE BILL 541 9 (1) COMPLETING STATE PARK PROJECTS RELATED TO CAPITAL 1 IMPROVEMENTS ON LAND S MANAGED BY THE DEPARTMENT FOR PUBLIC PURPOSES; 2 AND 3 (2) ACQUIRING LAND TO BE MANAGED BY THE DEPARTMENT FOR 4 PUBLIC PURPOSES AS A STATE PARK. 5 (D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 6 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 7 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 9 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 10 (F) THE FUND CONSISTS OF : 11 (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 12 (2) INTEREST EARNINGS ; AND 13 (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 14 THE BENEFIT OF THE FUND. 15 (G) THE FUND MAY BE USED ONLY FOR: 16 (1) COMPLETING STATE PARK PROJECTS RELATED TO CAPITAL 17 IMPROVEMENTS ON LAND S MANAGED BY THE DEPARTMENT FOR PUBLIC PURPOSES; 18 AND 19 (2) ACQUIRING LAND TO BE MANAGED BY THE DEPARTMENT FOR 20 PUBLIC PURPOSES AS A STATE PARK. 21 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 22 IN THE SAME MANNER A S 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 (J) MONEY EXPENDED FROM T HE FUND FOR CAPITAL IMPR OVEMENTS IN 28 THE STATE’S PARKS IS SUPPLEMEN TAL TO AND IS NOT IN TENDED TO TAKE THE 29 10 SENATE BILL 541 PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR CAPIT AL 1 IMPROVEMENTS IN THE STATE’S PARKS AND THE ACQU ISITION OF LAND BY T HE 2 DEPARTMENT THAT WILL BE MANAGED FOR PUBLI C PURPOSES. 3 (K) FOR FISCAL YEAR 2024 ONLY, THE GOVERNOR SHALL INCLUD E IN THE 4 ANNUAL BUDGET BILL A GENERAL FUND APPROPRIAT ION IN THE AMOUNT OF 5 $70,000,000 $36,873,928 TO THE FUND TO BE USED AS FOLLOW S:. 6 (L) THE FIRST $70,000,000 RECEIVED BY THE FUND MAY BE USED ONLY AS 7 FOLLOWS: 8 (1) $5,000,000 FOR INFRASTRUCTURE P ROJECTS THAT MITIGAT E 9 THE EFFECTS OF CLIMA TE CHANGE, INCLUDING: 10 (I) FLOOD BARRIERS ; 11 (II) FOREST BUFFERS ; 12 (III) GREEN SPACES; 13 (IV) BUILDING ELEVATION ; 14 (V) STORMWATER INFRASTRUC TURE; AND 15 (VI) WETLANDS RESTORATION ; AND 16 (VII) ADDRESSING ENVIRONMEN TAL JUSTICE CONCERNS ; 17 (2) $5,000,000 FOR HISTORIC PRESERV ATION, IN ACCORDANCE WITH 18 SUBSECTION (M) OF THIS SECTION; 19 (3) $20,000,000 FOR TRANSPORTATION I MPROVEMENTS , 20 INCLUDING: 21 (I) IMPROVING BIKE LANES AND TRAILS , INCREASING 22 WALKABILITY, AND EXPANDING PARKIN G AVAILABILITY; AND 23 (II) TARGETING TRANSPORTAT ION INVESTMENTS TO A VOID 24 CAPACITY SHUTDOWNS ; 25 (4) $10,000,000 FOR INCREASING WATER ACCESS, INCLUDING KAYAK 26 AND BOAT LAUNCHES AN D AREAS FOR PICNICKI NG NEAR WATER AND SW IMMING; 27 AND 28 SENATE BILL 541 11 (5) $30,000,000 FOR LAND ACQUISITION , INCLUDING: 1 (I) AREAS IN THE CENTRAL AND SOUTHERN REGIONS OF THE 2 STATE THAT WILL: 3 1. RELIEVE OVERCROWDING AT EXISTING STATE 4 PARKS; AND 5 2. EXPAND PUBLIC ACCESS TO STATE PARKS AND 6 OUTDOOR RECREATION ; 7 (II) SITES WITH HISTORICAL SIGN IFICANCE TO MINORIT Y 8 COMMUNITIES OF SIGNIFICANCE TO T HE HISTORY OF AFRICAN AMERICAN, ASIAN, 9 INDIGENOUS OR NATIVE AMERICAN, AND HISPANIC OR LATINO POPULATIONS IN 10 THE STATE; AND 11 (III) BEACHFRONT OR WATERFR ONT PROPERTY FOR PUB LIC 12 ACCESS. 13 (M) FUNDING FOR HISTORIC PRESERVATION UNDER S UBSECTION (L) OF 14 THIS SECTION SHALL B E USED TO PROVIDE GR ANTS TO, PARTICIPATE IN 15 COOPERATIVE AGREEMEN TS WITH, OR USE OTHER FINANCI AL INSTRUMENTS TO 16 FUND THE REHABILITAT ION OF STATE–OWNED HISTORIC RESOU RCES IN THE 17 MARYLAND STATE PARK SYSTEM PERFORMED BY A N ONGOVERNMENTAL 18 ORGANIZATION CAPABLE OF: 19 (1) PROJECT MANAGEMENT ; 20 (2) HISTORIC REHABILITATI ON; 21 (3) PROPERTY DEVELOPMENT ; OR 22 (4) PUBLIC SERVICE CORPS MANAGEMENT . 23 (N) IF THE FUND RECEIVES MORE TH AN $70,000,000, THE DEPARTMENT 24 MAY USE UP TO $10,000,000 FOR ANY OF THE PURPO SES IDENTIFIED UNDER 25 SUBSECTION (L) OF THIS SECTION , INCLUDING LAND ACTIV ATION AND NEW 26 STRUCTURES . 27 5–222. 28 (A) IN THIS SECTION, “FUND” MEANS THE GREAT MARYLAND OUTDOORS 29 FUND. 30 12 SENATE BILL 541 (B) THERE IS A GREAT MARYLAND OUTDOORS FUND IN THE DEPARTMENT . 1 (C) THE PURPOSE OF THE FUND IS TO: 2 (1) SUPPORT THE OFFICE OF OUTDOOR RECREATION IN THE 3 DEPARTMENT ; 4 (2) PROVIDE RESOURCES TO IMPROVE EXISTING AND CREATE NEW 5 OUTDOOR RECREATION O PPORTUNITIES ; AND 6 (3) IMPLEMENT THE RECOMMENDATIONS OF T HE MARYLAND 7 OUTDOOR RECREATION ECONOMIC COMMISSION TO PROMOTE AND GROW THE 8 OUTDOOR RECREATION S ECTOR IN THE STATE. 9 (D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 10 (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 11 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 12 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 13 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 14 (F) THE FUND CONSISTS OF : 15 (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND IN 16 ACCORDANCE WITH SUBS ECTION (J) OF THIS SECTION; 17 (2) INTEREST EARNINGS OF THE FUND; AND 18 (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 19 THE BENEFIT OF THE FUND. 20 (G) THE FUND MAY BE USED O NLY FOR: 21 (1) IMPLEMENTING THE RECO MMENDATIONS OF THE MARYLAND 22 OUTDOOR RECREATION ECONOMIC COMMISSION, INCLUDING ESTABLISHI NG AND 23 SUPPORTING AN OFFICE OF OUTDOOR RECREATION IN THE DEPARTMENT ; 24 (2) DEPARTMENT PROJECTS A ND PROGRAMS THAT PRO VIDE, 25 PROMOTE, AND ENHANCE OUTDOOR RECREATION OPPORTUNI TIES IN THE STATE; 26 AND 27 (3) AWARDING GRANTS TO DE STINATION MARKETING 28 ORGANIZATIONS FOR TH E PURPOSE OF PROMOTI NG AND MARKETING STATE PARKS. 29 SENATE BILL 541 13 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 1 IN THE SAME MANNER AS OTHER STATE MONEY MAY BE IN VESTED. 2 (2) ANY INTEREST OR INVES TMENT EARNINGS OF TH E FUND SHALL 3 BE CREDITED TO THE FUND. 4 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 5 WITH THE STATE BUDGET . 6 (J) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREA FTER, THE 7 GOVERNOR MAY INCLUDE IN THE ANNUAL BUDGET BILL AN APPROPRIATIO N NOT 8 EXCEEDING $3,000,000 TO THE FUND. 9 (K) MONEY EXPENDED FROM T HE FUND FOR EXISTING PRO GRAMS IN THE 10 DEPARTMENT THAT PROVI DE, PROMOTE, AND ENHANCE OUTDOOR RECREATION 11 OPPORTUNITIES IS SUP PLEMENTAL TO AND IS NOT INTENDED TO TAKE THE PLACE 12 OF FUNDING THAT OTHE RWISE WOULD BE APPRO PRIATED FOR THOSE PR OGRAMS. 13 SUBTITLE 2A. MARYLAND PARK SERVICE. 14 5–2A–01. 15 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16 INDICATED. 17 (B) “COMMISSION” MEANS THE PARKS AND RECREATION COMMISSION. 18 (C) “PARK SERVICE” MEANS THE MARYLAND PARK SERVICE. 19 5–2A–02. 20 (A) (1) ON OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL 21 INCREASE THE NUMBER OF FULL–TIME EMPLOYEES IN TH E PARK SERVICE BY 100 22 PERMANENT , CLASSIFIED POSITIONS . 23 (2) EACH STAFF POSITION R EQUIRED UNDER PARAGR APH (1) OF 24 THIS SUBSECTION SHAL L BE ACCOMPANIED BY A SUPPLEMENTAL BUDGE T 25 ALLOCATION TO PROVID E ADEQUATE SUPPORT F OR EACH EMPLOYEE . 26 (3) THE STAFF POSITIONS R EQUIRED UNDER PARAGRAPH (1) OF THIS 27 SUBSECTION SHALL INC LUDE: 28 (I) FIVE POSITIONS IN THE ENGINEERING AND 29 CONSTRUCTION UNIT; 30 14 SENATE BILL 541 (II) FIVE POSITIONS IN THE LAND ACQUISITION AND PLANNING 1 UNIT; AND 2 (III) ONE VOLUNTEER MANAGEM ENT PROGRAM COORDINA TOR. 3 (A) (1) (I) ON OR BEFORE OCTOBER 1, 2023, THE DEPARTMENT OF 4 BUDGET AND MANAGEMENT SHALL INCR EASE THE NUMBER OF F ULL–TIME 5 EMPLOYEES IN THE DEPARTMENT BY 100 PERMANENT , CLASSIFIED POSITIONS . 6 (II) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL 7 BUDGET THE 100 POSITIONS REQUIRED U NDER SUBPARAGRAPH (I) OF THIS 8 PARAGRAPH AS FOLLOWS : 9 1. 90 POSITIONS IN THE PARK SERVICE, INCLUDING 1 10 VOLUNTEER MANAGEMENT PROGRAM COORDINATOR ; 11 2. 5 POSITIONS IN THE ENGINEERING AND 12 CONSTRUCTION UNIT; AND 13 3. 5 POSITIONS IN THE LAND ACQUISITION AND 14 PLANNING UNIT. 15 (2) TWO OF THE POSITIONS IN THE LAND ACQUISITION AND 16 PLANNING UNIT SHALL BE FILLED BY ASSISTANT ATTORNE YS GENERAL IN THE 17 STATE WITH EXPERIENCE IN REAL ESTATE LAW . 18 (3) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUDE IN THE 19 ANNUAL BUDGET BILL A N APPROPRIATION OF $12,000,000 TO FUND THE 100 20 PERMANENT , CLASSIFIED POSITIONS REQUIRED UNDER PARAG RAPH (1) OF THIS 21 SUBSECTION AND RELAT ED OPERATING COSTS . 22 (B) (1) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL : 23 (I) CONDUCT A STAFF ADEQU ACY REVIEW OF THE PARK 24 SERVICE EVERY 2 YEARS; AND 25 (II) REPORT ITS FINDINGS T O THE COMMISSION AND , IN 26 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 27 ASSEMBLY. 28 (2) AS A PART OF THE REPO RT UNDER PARAGRAPH (1)(II) OF THIS 29 SUBSECTION, THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL CONS IDER 30 STAFFING GOALS FOR T HE PARK SERVICE. 31 SENATE BILL 541 15 (C) (1) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL : 1 (I) CONDUCT A STAFF SALAR Y REVIEW OF THE PARK SERVICE 2 EVERY 3 YEARS; AND 3 (II) REPORT ITS FINDINGS T O THE COMMISSION AND , IN 4 ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 5 ASSEMBLY. 6 (2) THE SALARY REVIEW REQ UIRED UNDER PARAGRAP H (1)(I) OF 7 THIS SUBSECTION SHAL L FOCUS ON THE GOALS OF IMPROVING : 8 (I) HIRING BY COMPENSATIN G PARK SERVICE EMPLOYEES AT 9 A LEVEL COMMENSURATE WITH: 10 1. LOCAL PARK SYSTEMS ; 11 2. THE NATIONAL PARK SERVICE; AND 12 3. FOR PARK SERVICE MAINTENANCE P ERSONNEL WHO 13 PERFORM SKILLED AND LICENSED TRADE FUNCT IONS, THE PRIVATE SEC TOR; AND 14 (II) RETENTION BY PROMOTIN G UPWARD MOBILITY WI THIN A 15 JOB SERIES. 16 (D) THE DEPARTMENT SHALL RECO GNIZE PARK SERVICE ASSOCIATES AN D 17 FOREST RANGERS , PARK RANGERS , AND WILDLIFE RANGERS AS EMERGENCY 18 SERVICES PERSONNEL . 19 (E) (1) (I) THE DEPARTMENT SHALL IMPL EMENT A VOLUNTEER 20 MANAGEMENT PROGRAM T O STRATEGICALLY MANA GE VOLUNTEER SERVICE S 21 PROVIDED BY INDIVIDU ALS AND STATE PARKS FRIENDS G ROUPS. 22 (II) THE VOLUNTEER MANAGEM ENT PROGRAM IMPLEMEN TED 23 UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE MODELED ON THE 24 NATIONAL PARK SERVICE’S VOLUNTEERS–IN–PARKS PROGRAM . 25 (2) THE VOLUNTEER MANAGEM ENT PROGRAM SHALL BE MANAGED 26 BY A VOLUNTEER PROGR AM MANAGER DEDICATED TO OVERSEEING THE 27 VOLUNTEER MANAGEMENT PROGRAM. 28 (3) THE VOLUNTEER PROGRAM MANAGER SHALL : 29 16 SENATE BILL 541 (I) CONDUCT ANNUAL TRAINI NG FOR STAFF AND VOL UNTEERS; 1 (II) DEVELOP AND PROMOTE V OLUNTEER OPPORTUNITI ES; 2 (III) PERFORM AUDITS , EVALUATIONS , AND MONITORING TO 3 DETERMINE THE EFFICA CY OF THE VOLUNTEER MANAGEMENT PROGRAM ; AND 4 (IV) DEVELOP AN ANNUAL REP ORT ON VOLUNTEER STA TISTICS 5 AND IMPACTS. 6 (F) THE DEPARTMENT SHALL EXPA ND ITS WORK WITH PAR K–FOCUSED 7 ORGANIZATIONS TO LEV ERAGE CHARITABLE FUN DING FOR PARK ENHANC EMENTS. 8 5–2A–03. 9 (A) (1) THERE IS A PARKS AND RECREATION COMMISSION I N THE 10 DEPARTMENT . 11 (2) THE PURPOSE OF THE COMMISSION IS TO PROV IDE OVERSIGHT 12 OF THE PARK SERVICE. 13 (B) THE COMMISSION SHALL CONS IST OF THE FOLLOWING MEMBERS: 14 (1) A CHAIR, APPOINTED JOINTLY BY THE PRESIDENT OF THE 15 SENATE AND THE SPEAKER OF THE HOUSE; 16 (2) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY 17 THE PRESIDENT OF THE SENATE; 18 (3) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY 19 THE SPEAKER OF THE HOUSE; AND 20 (4) ONE CITIZEN MEMBER , APPOINTED BY THE PRESIDENT OF THE 21 SENATE; 22 (5) ONE CITIZEN MEMBER , APPOINTED BY THE SPEAKER OF THE 23 HOUSE; AND 24 (4) (6) FOUR MEMBERS , APPOINTED BY THE GOVERNOR, WHO 25 REFLECT THE RACIAL , GENDER, ETHNIC, AND GEOGRAPHIC DIVER SITY OF THE 26 STATE; AND 27 SENATE BILL 541 17 (7) TWO MEMBERS OF THE COMMISSION ON ENVIRONMENTAL 1 JUSTICE AND SUSTAINABLE COMMUNITIES , DESIGNATED BY THE CHAIR OF THE 2 COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES . 3 (C) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL PROVIDE STAFF 4 FOR THE COMMISSION. 5 (D) THE DEPARTMENT SHALL ANNU ALLY PROVIDE THE COMMISSION WITH 6 A BRIEFING ON THE ST ATUS OF THE PARK SERVICE AND PARK SYST EM, INCLUDING: 7 (1) THE NUMBER OF ANNUAL CAPACITY CLOSURES , LISTED BY 8 LOCATION; 9 (2) THE CRITICAL MAINTENA NCE BACKLOG ; 10 (3) VACANT STAFF POSITIONS ; AND 11 (4) A DESCRIPTION OF THE C ONDITION OF THE PARK SYSTEM’S 12 NATURAL AND CULTURAL RESOURCES, INCLUDING ANY VULNER ABILITIES; AND 13 (5) ANY OTHER INFORMATION : 14 (I) RELATED TO THE FUNCTI ONING OF THE PARK SERVICE; OR 15 (II) REQUESTED BY THE MEMBERS OF TH E COMMISSION. 16 (E) THE COMMISSION SHALL MEET QUARTERLY TO REVIEW THE STATUS OF 17 THE PARK SERVICE. 18 (F) (1) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 19 THEREAFTER , THE COMMISSION SHALL SUBM IT A REPORT TO THE SENATE BUDGET 20 AND TAXATION COMMITTEE, THE SENATE EDUCATION, HEALTH, AND 21 ENVIRONMENTAL AFFAIRS COMMITTEE, THE HOUSE APPROPRIATIONS 22 COMMITTEE, AND THE HOUSE ENVIRONMENT AND TRANSPORTATION COMMITTEE 23 IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 24 (2) THE REPORT SUBMITTED UNDER PARA GRAPH (1) OF THIS 25 SUBSECTION SHALL INC LUDE THE COMMISSION’S: 26 (I) FINDINGS ON THE STATU S OF THE PARK SERVICE; AND 27 (II) RECOMMENDATIONS ON HO W THE GENERAL ASSEMBLY 28 CAN SUPPORT THE PARK SERVICE. 29 18 SENATE BILL 541 5–2A–04. 1 (A) (1) ON OR BEFORE DECEMBER 1, 2023, AND EVERY 5 YEARS 2 THEREAFTER , THE DEPARTMENT SHALL DEVE LOP AND PUBLISH A 5–YEAR CAPITAL 3 IMPROVEMENT PLAN FOR THE PARK SERVICE. 4 (2) IN DEVELOPING THE CAPITAL IMPROVEMENT PLAN, THE 5 DEPARTMENT SHALL , IN COORDINATION WITH THE COMMISSION, ANNUALLY HOLD 6 AT LEAST ONE PUBLIC HEARING WITH THE OPP ORTUNITY FOR PUBLIC COMMENT. 7 (3) THE 5–YEAR CAPITAL IMPROVEMENT PLAN SHALL INCLUDE : 8 (I) A LIST OF ALL OUTSTAND ING CRITICAL MAINTEN ANCE 9 PROJECTS AND THE PRO JECTED COST OF EACH PROJECT; 10 (II) A PRIORITIZATION OF CR ITICAL MAINTENANCE P ROJECTS 11 AND AN EXPLANATION O F THE PROCESS FOR PR IORITIZING THE PROJE CTS; AND 12 (III) SCORING AND RANKING F OR EACH CRITICAL MAI NTENANCE 13 PROJECT, AS DETERMINED BY THE PRIORITIZATION PROCE SS. 14 (4) THE 5–YEAR CAPITAL IMPROVEMENT PLAN SHALL INCLUDE TH E 15 INFORMATION REQUIRED UNDER PARAGRAPH (3) OF THIS SUBSECTION 16 DISAGGREGATED BY REG ION. 17 (5) THE DEPARTMENT SHALL SUBM IT TO THE GENERAL ASSEMBLY, 18 IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 5–YEAR 19 CAPITAL IMPROVEMENT PLAN FOR THE PARK SERVICE. 20 (B) (1) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL HIRE A N 21 INDEPENDENT CONSULTA NT TO CONDUCT AN IND EPENDENT STUDY OF : 22 (I) WHETHER THE PARK SERVICE IS PRODUCING OUTCOMES 23 CONSISTENT WITH IT S MISSION; 24 (II) THE VISITOR EXPERIENC E FOR STATE PARKS, INCLUDING: 25 1. PARKING AVAILABILITY ; 26 2. CLEANLINESS; AND 27 3. WHETHER FACILITIES , AMENITIES, OR AREAS ARE 28 CLOSED, INCLUDING WHETHER TH E CLOSURES ARE DUE T O DEFERRED 29 MAINTENANCE ; AND 30 SENATE BILL 541 19 (III) HOW FUNDING CAN BE US ED TO ENABLE THE PARK 1 SERVICE TO PRODUCE OU TCOMES CONSISTENT WI TH ITS MISSION; AND 2 (IV) HOW PARK SERVICE PROJECTS CAN SUPPORT: 3 1. CLIMATE CHANGE MITIGA TION, ADAPTATION, AND 4 RESILIENCY; AND 5 2. PUBLIC HEALTH . 6 (2) ON OR BEFORE DECEMBER 1, 2023, THE INDEPENDENT 7 CONSULTANT SHALL SUB MIT, IN ACCORDANCE WITH § 2–1257 OF THE STATE 8 GOVERNMENT ARTICLE, A REPORT ON ITS FIND INGS AND RECOMMENDAT IONS TO 9 THE COMMISSION. 10 (C) THE DEPARTMENT SHALL : 11 (1) RECOGNIZE AS A FORMAL POLICY THAT THE STATE’S FORESTS, 12 TREES, AND WETLANDS ARE A M AJOR TOOL FOR ADDRES SING CLIMATE CHANGE 13 WITH REGARD TO MITIG ATION, ADAPTATION, AND RESILIENCY ; AND 14 (2) REQUIRE ALL PARK SERVICE PROJECTS TO C ONTRIBUTE, TO THE 15 EXTENT POSS IBLE, TO THE IMPROVEMENT O F LOCAL WATER QUALIT Y. 16 (D) (1) THE PARK SERVICE SHALL ADOPT U NIVERSAL DESIGN 17 PRINCIPLES IN ITS PR OGRAMMING AND AMENIT IES TO ENSURE MAXIMU M ACCESS 18 BY ALL PEOPLE, INCLUDING PEOPLE WIT H DISABILITIES AND S ENIORS. AND SAFETY 19 FOR ALL RESIDENTS AND VISITO RS, ESPECIALLY PEOPLE WI TH DISABILITIES, 20 OLDER ADULTS , AND SENIORS. 21 (2) TO ENSURE ACCESSIBILI TY FOR INDIVIDUALS W HO ARE DEAF , 22 BLIND, OR BOTH, THE PARK SERVICE WEBSITE AND A LL OTHER DIGITAL OUT REACH 23 PLATFORMS SHALL ADHE RE TO WEB CONTENT ACCESSIBILITY GUIDELINES 2.1 24 AND SECTION 508 OF THE AMERICANS WITH DISABILITIES ACT. 25 (E) THE PARK SERVICE SHALL ADOPT D ESIGN PRINCIPLES REL ATED TO 26 CRIME PREVENTION IN ITS PROGRAMMING AND AMENITIES TO ENSURE MAXIMUM 27 PUBLIC SAFETY FOR AL L RESIDENTS AND VISITORS. 28 (F) (1) THE DEPARTMENT ’S DECISIONS RELATED TO THE LOCATION AND 29 ESTABLISHMENT OF NEW STATE PARKS OR AMENIT IES SHALL TARGET ARE AS: 30 20 SENATE BILL 541 (I) IDENTIFIED BY THE DEPARTMENT ’S PARK EQUITY TOOL A S 1 IN NEED OF RECREATIO NAL OPPORTUNITIES ; OR 2 (II) THAT WOULD RELIEVE OVERCR OWDING IN EXISTING STATE 3 PARKS THAT HAVE CONS ISTENTLY HAD TO CLOS E TO THE PUBLIC DUE TO CAPACITY 4 RESTRICTIONS . 5 (2) THE DEPARTMENT SHALL CONS IDER THE CULTURAL AN D 6 ECOLOGICAL CARRYING CAPACITIES OF STATE PARK AREAS WHEN EXAMINING THE 7 DEVELOPMENT OF NEW A MENITIES IN EXISTING STATE PARKS. 8 (3) THE DEPARTMENT ’S DECISIONS RELATED TO THE 9 ESTABLISHMENT OF STATE HISTORICAL PARK S OR OTHER UNITS THA T PRESERVE 10 AND INTERPRET THE STORY OF HISTORICALL Y UNDERSERVED , MINORITY, AND 11 OTHER UNDERREPRES ENTED COMMUNITIES HISTORY OF AFRICAN AMERICAN, 12 ASIAN, INDIGENOUS OR NATIVE AMERICAN, AND HISPANIC OR LATINO 13 POPULATIONS IN THE STATE SHALL BE MADE : 14 (I) IN COORDINATION WITH THE COMMISSION; AND 15 (II) WITH INPUT FROM GROUP S ACTIVE IN THE PRESERVATION 16 OF HISTORICAL SITES OF UNDERREPRESENTED COMMUNITIES , INCLUDING: 17 1. THE COMMISSION ON ENVIRONMENTAL JUSTICE 18 AND SUSTAINABLE COMMUNITIES ; 19 2. THE COMMISSION ON AFRICAN AMERICAN HISTORY 20 AND CULTURE; 21 3. THE GOVERNOR’S COMMISSION ON ASIAN PACIFIC 22 AMERICAN AFFAIRS; 23 4. THE COMMISSION ON INDIAN AFFAIRS; AND 24 5. THE OFFICE OF IMMIGRANT AFFAIRS. 25 5–2A–05. 26 (A) THE DEPARTMENT SHALL : 27 (1) DEVELOP AND PUBLISH A COMPREHENSIVE LONG–RANGE 28 STRATEGIC PLAN BY DECEMBER 1, 2023; AND 29 SENATE BILL 541 21 (2) UPDATE THE COMPREHENSIVE LONG–RANGE STRATEGIC PLAN 1 EVERY 5 YEARS TO REFLECT MAJ OR GOALS AND PROGRES S TOWARD MEETING 2 THOSE GOALS; AND 3 (3) SUBMIT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 4 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE COMPREHENSIVE 5 LONG–RANGE STRATEGIC PLAN AND ANY UPDATES TO THE PLAN. 6 (B) THE COMPREHENSIVE LONG–RANGE STRATEGIC PLAN SHALL 7 INCLUDE: 8 (1) THE FEASIBILITY OF: 9 (I) ESTABLISHING NEW STATE PARKS THROUGH: 10 1. LAND ACQUISITION ; OR 11 2. REDESIGNATING EXISTIN G STATE LAND, INCLUDING 12 CEDARVILLE STATE FOREST, TO BE A STATE PARK; AND 13 (II) DEVELOPING NEW AMENIT IES IN CURRENT STATE PARKS, 14 INCLUDING: 15 1. TRAILS AND TRAIL CONNECTORS ; 16 2. WATER ACCESS; 17 3. PARKING AREAS ; AND 18 4. OTHER CAPITAL IMPR OVEMENTS THAT INCREA SE 19 PARK CAPACITY ; 20 (2) NEW STATE HISTORICAL PARK S OR OTHER UNITS THA T 21 PRESERVE AND INTERPR ET THE STORY OF MINORITIES AND OTHER 22 UNDERREPRESENTED COM MUNITIES HISTORY OF AFRICAN AMERICAN, ASIAN, 23 INDIGENOUS OR NATIVE AMERICAN, AND HISPANIC OR LATINO POPULATIONS IN 24 THE STATE; 25 (3) A MULTILATERAL , WHOLE–SYSTEM PLAN FOR OUTD OOR 26 RECREATION IN THE STATE, INCLUDING: 27 (I) THE RESULTS OF ANY CO ORDINATION BETWEEN T HE 28 DEPARTMENT AND COUNTY , MUNICIPAL, AND FEDERAL PARK SYS TEMS TO 29 INCREASE TRAIL CONNECTIVITY BETWEEN PARK SYSTEMS ; AND 30 22 SENATE BILL 541 (II) AN ECONOMIC A PARTNERSHIP PLAN DEVELOPED BY TH E 1 DEPARTMENT IN CONSULT ATION WITH: 2 1. THE OFFICE OF OUTDOOR RECREATION; 3 2. THE PARK SERVICE’S BUSINESS MANAGER ; 4 3. COUNTY TOURISM ENTITI ES AND E CONOMIC 5 DEVELOPMENT OFFICES ; 6 4. THE MARYLAND MUNICIPAL LEAGUE; 7 5. THE MARYLAND ASSOCIATION OF COUNTIES; AND 8 6. THE OUTDOOR RECREATION ROUNDTABLE ; AND 9 7. THE COMMISSION ON ENVIRONMENTAL JUSTICE 10 AND SUSTAINABLE COMMUNITIES ; 11 (4) THE FEASIBILITY OF EX PANDING THE DAY –USE RESERVATION 12 SYSTEM BEYOND THE FALLING BRANCH AREA OF ROCKS STATE PARK TO ALL 13 PARKS EXPERIENCING C APACITY SHUTDOWNS , INCLUDING CONSIDERAT IONS ON 14 HOW THE EXPANSION OF THE DAY–USE RESERVATION SYST EM MAY IMPACT STATE 15 PARK VISITORS IN TERMS OF EQUITY AND ACCESS ; 16 (5) AN ANALYSIS OF HOW TH E DEPARTMENT CAN INTEGR ATE 17 INFRASTRUCTURE MESSA GING WITH THE NATIONAL PARK SERVICE AND LOCAL 18 GOVERNMENTS , INCLUDING THE DEVELO PMENT AND MAINTENANC E OF A 19 COORDINATED WEBSITE AND DIGITAL APPLICATION THAT PRO VIDES INFORMATION 20 ON: 21 (I) WHERE PARKS AND OPEN SPACES ARE LOCATED ; 22 (II) AVAILABLE AMENITIES ; AND 23 (III) REAL–TIME INFORMATION ON THE OPERATIONAL STAT US 24 OF A PARK, INCLUDING CAPACITY ; 25 (6) LONG–TERM MEASURES TO : 26 (I) RECRUIT AND RETAIN PEOPLE OF COLOR AND BILINGUAL 27 STAFF INTO PARK SERVICE POSITIONS A DIVERSE PARK SERVICE WORKFORCE , IN 28 SENATE BILL 541 23 ACCORDANCE WITH THE NATIONAL PARK SERVICE’S DIVERSITY STRATEGY UNDER 1 DIRECTOR’S ORDER #16B; AND 2 (II) PROVIDE ONGOING UPDAT ES ON EFFORTS TO REC RUIT AND 3 RETAIN A DIVERSE PARK SERVICE WORKFORCE ; 4 (7) DETAILS AND UPDATES O N THE CREATION AND IMPLEME NTATION 5 OF WORKFORCE DEVELOPMENT OF PROGRAMS, INCLUDING: 6 (I) PROGRAMS IN COLLABORATION WIT H THE STATE’S 7 HISTORICALLY BLACK COL LEGES AND UNIVERSITI ES; THAT ARE: 8 (I) (II) MODELED PROGRAMS MODELED ON THE CADET 9 PROGRAMS IMPLEMENTED BY THE NATIONAL PARK SERVICE SERVICE’S DIVERSITY 10 STRATEGY UNDER DIRECTOR’S ORDER #16B; AND 11 (II) (III) FOCUSED PROGRAMS FOCUSED ON CREATING A 12 PIPELINE OF NEW RANG ERS AND OTHER FULL –TIME STAFF FROM AMON G 13 VOLUNTEERS , THE STATE FOSTER YOUTH SY STEM, AND HISTORICALLY 14 UNDERSERVED COMMUNIT IES; AND 15 (8) THE RESULTS OF: 16 (I) IMPLEMENTING A VOLUNT EER MANAGEMENT PROGR AM 17 UNDER § 5–2A–02(E) OF THIS SUBTITLE; 18 (II) LEVERAGING CHARITABLE FUNDING FOR PARK 19 ENHANCEMENTS UNDER § 5–2A–02(F) OF THIS SUBTITLE; AND 20 (III) ANY COLLABORATION BET WEEN THE DEPARTMENT AND 21 THE DEPARTMENT OF TRANSPORTATION AND LO CAL TRANSPORTATION A GENCIES 22 TO IMPROVE BICYCLE , SIDEWALK, AND TRAIL ACCESS TO STATE PARKS. 23 5–2A–06. 24 IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE PARK SERVICE 25 IDENTIFY AND ACQUIRE LAND TO BE USED FOR A STATE PARK IN PRINCE GEORGE’S 26 COUNTY WITHIN THE BOU NDARY CREATED BY INTERSTATE 495 IN THE STATE AND 27 THE DISTRICT OF COLUMBIA. 28 5–903. 29 (a) (2) (ii) 1. As specified in subsubparagraph 2 of this subparagraph, a 30 portion of the State’s share of funds available under subparagraph (i)1A of this paragraph 31 for this program shall be utilized to make grants to Baltimore City for projects which meet 32 24 SENATE BILL 541 park purposes. The grants shall be in addition to any funds Baltimore City is eligible to 1 receive under subsection (b) of this section, and may be used for acquisition or development. 2 In order for Baltimore City to be eligible for a State grant, the Department shall review 3 projects or land to be acquired within Baltimore City, and upon the Department’s 4 recommendation, the Board of Public Works may approve projects and land including the 5 cost. Title to the land shall be in the name of the Mayor and City Council of Baltimore City. 6 The State is not responsible for costs involved in the development or maintenance of the 7 land. 8 2. The grants to Baltimore City under subsubparagraph 1 of 9 this subparagraph shall be made in the following amounts: 10 A. For fiscal year 2017, $1,500,000; 11 B. For fiscal year 2018, $3,500,000; 12 C. For fiscal year 2019, $5,500,000; [and] 13 D. For fiscal [year] YEARS 2020 THROUGH 2023, [and for 14 each subsequent fiscal year,] $6,000,000; AND 15 E. FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR 16 THEREAFTER , $10,000,000. 17 3. The grants made under this subparagraph supplement 18 rather than supplant any other funding for park purposes in Baltimore City, no matter the 19 source. 20 5–9A–01. 21 (a) The General Assembly declares that: 22 (1) Sprawl development and other modifications to the landscape in 23 Maryland continue at an alarming rate, consuming land rich in natural resource, 24 agricultural, and forestry value, adversely affecting water quality, wetlands and habitat, 25 threatening resource–based economies and cultural assets, and rending the fabric of rural 26 life; 27 (2) Current State, county, and local land conservation programs help to 28 limit the effect of sprawl development but lack sufficient funding and focus to preserve key 29 areas before escalating land values make their protection impossible or the land is lost to 30 development; and 31 (3) A grant program that leverages available funding, focuses on 32 preservation of strategic resources, including those resources threatened by sprawl 33 development, streamlines real property acquisition procedures to expedite land 34 preservation, takes advantage of innovative preservation techniques such as transferable 35 SENATE BILL 541 25 development rights and the purchase of development rights, and promotes a greater level 1 of natural and environmental resources protection than is provided by existing efforts, will 2 establish a rural legacy for future generations. 3 (b) (1) A Rural Legacy Program is established to enhance natural resource, 4 agricultural, forestry, and environmental protection as provided in subsection (a) of this 5 section while maintaining the viability of resource–based land usage and proper 6 management of tillable and wooded areas through accepted agricultural and silvicultural 7 practices for farm production and timber harvests. 8 (2) The Program provides funds to the local governments and land trusts 9 to purchase interests in real property from willing sellers, including easements, 10 transferable development rights, and fee estates, focused in designated Rural Legacy 11 Areas. 12 (3) The Program shall encourage partnerships among the federal, State, 13 and local governments, and nonprofit land trust organizations and encourage local land 14 conservation initiatives. 15 (4) The Program is administered by a Rural Legacy Board in the 16 Department of Natural Resources, an advisory committee, and existing State staff. 17 (c) The Program is funded: 18 (1) Pursuant to § 13–209 of the Tax – Property Article and § 5–903(a)(2)(iii) 19 of this title; [and] 20 (2) By the proceeds from the sale of general obligation bonds as provided 21 in § 5–9A–09 of this subtitle; AND 22 (3) BY MONEY APPROPRIATED IN THE STATE BUDGET TO THE 23 PROGRAM. 24 (d) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 25 ANNUAL BUDGET BILL A N APPROPRIATION OF $5,444,127 TO THE PROGRAM. 26 (E) When negotiating and awarding grants, the Board shall encourage sponsors 27 to utilize zero coupon bonds in the implementation of the Rural Legacy Plan in order to 28 reduce the utilization of general obligation bonds in funding the grants. 29 5–1012. 30 (A) IN THIS SECTION, “PARTNERSHIP PARK ” MEANS A UNIT OF THE STATE 31 PARK SYSTEM MANAGED BY THE DEPARTMEN T IN PARTNERSHIP WIT H A LOCAL 32 GOVERNMENT , A BICOUNTY AGENCY , OR A NONPROFIT ORGAN IZATION. 33 26 SENATE BILL 541 (B) THE DEPARTMENT MAY ENTER INTO: 1 (1) A MEMORANDUM OF UNDERS TANDING WITH A LOCAL 2 GOVERNMENT , BICOUNTY AGENCY , OR NONPROFIT ORGANIZ ATION TO ESTABLISH A 3 PARTNERSHIP PARK IN THE STATE; OR 4 (2) A PARTNERSHIP AGREEMEN T WITH A LOCAL GOVER NMENT, 5 BICOUNTY AGENCY , OR NONPROFIT ORGANIZ ATION TO MANAGE A PA RTNERSHIP 6 PARK IN THE STATE. 7 (B) (C) (1) THE DEPARTMENT SHALL ESTA BLISH THE FREEDMAN’S 8 STATE HISTORICAL PARK AS A PARTNERSHIP PARK THAT SEEKS TO E DUCATE THE 9 PUBLIC ABOUT AND PRE SERVE AND INTERPRET THE LIVES AND EXPERI ENCES OF 10 BLACK AMERICANS BOTH BEFORE AND AFTER THE ABOLIT ION OF SLAVERY. 11 (2) FREEDMAN’S STATE HISTORICAL PARK SHALL BE HELD BY THE 12 STATE AS A STATE PARK UNDER THE PROTECTION AND ADMIN ISTRATION OF THE 13 DEPARTMENT . 14 (C) (D) THE PARK FREEDMAN’S STATE HISTORICAL PARK SHALL 15 CONSIST OF PROPERTIE S IN NORTHEASTERN MONTGOMERY COUNTY IN OR NEAR 16 THE COMMUNITIES OF BROOKEVILLE, OLNEY, SANDY SPRING, ZION, AND 17 LAYTONSVILLE THAT ARE : 18 (1) OWNED BY THE STATE AND DESIGNATED BY THE DEPARTMENT AS 19 PART OF THE PARK ; AND 20 (2) (I) OWNED BY A LOCAL GOVE RNMENT, A BICOUNTY AGENCY , 21 OR A NONPROFIT ORGAN IZATION; AND 22 (II) DESIGNATED AS PART OF THE PARK BY A PARTNE RSHIP 23 AGREEMENT BETWEEN TH E OWNER OF THE PROPE RTY AND THE STATE. 24 (D) (E) (1) THE DEPARTMENT SHALL ESTA BLISH A STAKEHOLDER 25 ADVISORY COMMITTEE T O ADVISE THE DEPARTMENT ON THE SCO PE AND 26 MANAGEMENT OF THE PARK FREEDMAN’S STATE HISTORICAL PARK. 27 (2) THE STAKEHOLDER ADVIS ORY COMMITTEE SHALL CONSIST OF 28 THE FOLLOWING MEMBER S: 29 (I) A REPRESENTATIVE OF MONTGOMERY PARKS, 30 DESIGNATED BY MONTGOMERY PARKS’ DIRECTOR OF PARKS; 31 SENATE BILL 541 27 (II) A REPRESENTATIVE OF TH E HERITAGE TOURISM 1 ALLIANCE OF MONTGOMERY COUNTY, DESIGNATED BY THE ALLIANCE’S 2 EXECUTIVE DIRECTOR; 3 (III) A REPRESENTATIVE OF TH E SANDY SPRING SLAVE 4 MUSEUM, DESIGNATED BY THE MUSEUM’S DIRECTOR; 5 (IV) A REPRESENTATIVE OF TH E SANDY SPRING MUSEUM, 6 DESIGNATED BY THE MUSEUM’S PRESIDENT; AND 7 (V) ANY OTHER MEMBERS AS DETERMINED BY THE 8 DEPARTMENT . 9 (3) TO THE EXTENT PRACTIC ABLE, THE STAKEHOLDER ADVI SORY 10 COMMITTEE SHALL REFL ECT THE DIVERSITY OF NORTHEASTERN MONTGOMERY 11 COUNTY. 12 (E) (F) ON OR BEFORE JANUARY 1, 2023, THE DEPARTMENT SHALL 13 SUBMIT A REPORT TO T HE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF 14 THE STATE GOVERNMENT ARTICLE, ON: 15 (1) PROPERTY OWNED BY THE STATE IN NORTHEASTERN 16 MONTGOMERY COUNTY THAT IS SUITAB LE FOR INCLUSION IN FREEDMAN’S STATE 17 HISTORICAL PARK; 18 (2) PROPERTY OWNED BY A L OCAL GOVERNMENT , A BICOUNTY 19 AGENCY, OR A NONPROFIT ORGANIZATION IN NORT HEASTERN MONTGOMERY 20 COUNTY THAT IS SUITAB LE FOR INCLUSION IN THE PARK FREEDMAN’S STATE 21 HISTORICAL PARK AND FOR WHICH THE LA NDOWNERS ARE WILLING TO ENTER 22 INTO A PARTNERSHIP A GREEMENT; AND 23 (3) THE FUNDING NEEDED TO ESTABLISH AND PROMOT E THE PARK 24 FREEDMAN’S STATE HISTORICAL PARK. 25 (G) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IF THE STATE 26 ACQUIRES CARR’S BEACH FOR THE PURPOSE OF MAKING THE PROPER TY A STATE 27 PARK, THAT THE PROPERTY SH ALL BE A PARTNERSHIP PARK ESTABLISHED AND 28 MAINTAINED IN A MANNER SUBST ANTIALLY SIMILAR TO THE REQUIREMENTS 29 ESTABLISHED UNDER SU BSECTIONS (B) THROUGH (D) OF THIS SECTION. 30 (H) (1) IN THIS SUBSECTION , “WALDORF CORE ZONE ” MEANS A 31 GEOGRAPHICAL AREA IN CHARLES COUNTY WITHIN THE FOL LOWING BOUNDARIES : 32 (I) NORTH OF BILLINGSLEY ROAD; 33 28 SENATE BILL 541 (II) SOUTH OF MATTAWOMAN CREEK; 1 (III) EAST OF BENSVILLE ROAD; AND 2 (IV) WEST OF MARYLAND ROUTE 5. 3 (2) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT IF THE 4 STATE ACQUIRES PROPER TY IN THE WALDORF CORE ZONE FOR THE PURPOSE OF 5 MAKING THE PROPERTY A STATE PARK, THE PROPERTY SHALL B E A PARTNERSHIP 6 PARK ESTABLISHED AND MAINTAINED IN A MANN ER SUBSTANTIALLY SIM ILAR TO 7 THE REQUIREMENTS EST ABLISHED UNDER SUBSE CTIONS (B) THROUGH (D) OF THIS 8 SECTION. 9 (I) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT IF THE STATE 10 ACQUIRES HILL ROAD PARK IN PRINCE GEORGE’S COUNTY FOR THE PURPOS E OF 11 MAKING THE PROPERTY A STATE PARK, THE PROPERTY SHALL B E A PARTNERSHIP 12 PARK ESTABLISHED AND MAINTAINED IN A MANN ER SUBSTANTIALLY SIM ILAR TO 13 THE REQUIREMENTS ESTABLISHED UNDER SUBSECTIONS (B) THROUGH (D) OF THIS 14 SECTION. 15 Article – Agriculture 16 2–505. 17 (a) The Maryland Agricultural Land Preservation Fund is created and continued 18 for the purposes specified in this subtitle. 19 (b) The Maryland Agricultural Land Preservation Fund shall comprise: 20 (1) Any money made available to the Fund by general or special fund 21 appropriations; 22 (2) Any money made available to the Fund by grants or transfers from 23 governmental or private sources; and 24 (3) Any money received under § 2–513(c) of this subtitle. 25 (I) FOR FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 26 ANNUAL BUDGET BILL A N APPROPRIATION OF $18,564,469 $16,564,469 TO THE 27 FUND. 28 Article – Economic Development 29 10–501. 30 SENATE BILL 541 29 (a) In this subtitle the following words have the meanings indicated. 1 (f) “Corporation” means the Maryland Agricultural and Resource –Based 2 Industry Development Corporation. 3 10–523. 4 (a) (1) The Corporation may receive annual funding through an appropriation 5 in the State budget. 6 (2) The Corporation may also receive money for projects included in the 7 budgets of State units. 8 (3) (i) To assist the Corporation in complying with subsection (c) of this 9 section, the Governor shall include each year in the State budget bill an appropriation to 10 the Corporation for rural business development and assistance as follows: 11 1. for fiscal year 2021, $2,875,000; and 12 2. for each of the fiscal years 2022 through 2025, $2,735,000. 13 (ii) 1. [In] EXCEPT AS PROVIDED IN SUBSUBPAR AGRAPH 2 14 OF THIS SUBPARAGRAPH , IN addition to any money provided under subparagraph (i) of 15 this paragraph, the Governor may include each year in the State budget bill an 16 appropriation to the Corporation in an amount not exceeding $5,000,000 for rural land 17 acquisition and easement programs, including programs to assist young and beginning 18 farmers. 19 2. FOR FISCAL YEAR 2024, THE GOVERNOR SHALL 20 INCLUDE IN THE ANNUA L BUDGET BILL A GENERAL FUND APPROPRIATION IN THE 21 AMOUNT OF $10,000,000 TO THE CORPORATION FOR THE NEXT GENERATION 22 FARMLAND ACQUISITION PROGRAM. 23 Article – State Finance and Procurement 24 6–226. 25 (a) (2) (i) Notwithstanding any other provision of law, and unless 26 inconsistent with a federal law, grant agreement, or other federal requirement or with the 27 terms of a gift or settlement agreement, net interest on all State money allocated by the 28 State Treasurer under this section to special funds or accounts, and otherwise entitled to 29 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 30 Fund of the State. 31 30 SENATE BILL 541 (ii) The provisions of subparagraph (i) of this paragraph do not apply 1 to the following funds: 2 144. the Health Equity Resource Community Reserve Fund; 3 [and] 4 145. the Access to Counsel in Evictions Special Fund; 5 146. THE PARK SYSTEM CRITICAL MAINTENANCE FUND; 6 AND 7 147. THE PARK SYSTEM CAPITAL IMPROVEMENTS AND 8 ACQUISITION FUND; AND 9 148. THE GREAT MARYLAND OUTDOORS FUND. 10 13–109. 11 (a) In this section, “small procurement” means a procurement for which: 12 (1) a unit spends $50,000 or less; 13 (2) a contractor provides services subject to § 11–202(3) of this article for 14 expected annual revenues of $50,000 or less; 15 (3) the Department of General Services or the Department of 16 Transportation is seeking to award a procurement contract for a construction with a value 17 that is $100,000 or less; [or] 18 (4) THE DEPARTMENT OF NATURAL RESOURCES IS SEEKING TO 19 AWARD A PROCUREMENT CONTRACT FOR CAPITAL PROJECTS OR MAINTENA NCE 20 WITH A VALUE THAT I S $100,000 OR LESS; OR 21 (5) for purposes of administering Title 29, Subtitle 1 of the State Personnel 22 and Pensions Article, the State Retirement Agency spends $50,000 or less during a fiscal 23 year for: 24 (i) expenses related to independent medical evaluations by a 25 physician; and 26 (ii) any expenses related to testimony by the physician at 27 administrative hearings on behalf of the Agency. 28 (b) A unit may make small procurements in accordance with the regulations of 29 primary procurement units. 30 SENATE BILL 541 31 (c) A primary procurement unit may not create a small procurement by artificial 1 division of a procurement. 2 (d) Any regulation of a primary procurement unit to govern small procurements: 3 (1) shall provide for a simplified administrative procedure; 4 (2) shall be consistent with the basic intent of this Division II; and 5 (3) may not be disadvantageous economically to the State. 6 (e) At least every 3 years, the Board shall: 7 (1) review the prevailing costs of labor and materials; and 8 (2) if warranted by changes in cost, recommend to the General Assembly 9 appropriate adjustments in the ceiling for a small procurement. 10 Article – Tax – Property 11 13–209. 12 (g) (1) [(i) For each of fiscal years 2018, 2019, 2020, 2021, and 2022, the 13 Governor shall include in the budget bill a General Fund appropriation in the amount of 14 $2,500,000 to the Maryland Agricultural and Resource–Based Industry Development 15 Corporation for the Next Generation Farmland Acquisition Program authorized under § 16 10–523(a)(3)(ii) of the Economic Development Article. 17 (ii) The appropriation required under subparagraph (i) of this 18 paragraph: 19 1. represents reimbursement for 13.9% of the cumulative 20 amount appropriated or transferred from the special fund to the General Fund for fiscal 21 year 2006; and 22 2. is not subject to the provisions of subsections (a) through 23 (f) of this section. 24 (2) (i) 1. The Governor shall include in the annual budget bill for 25 fiscal year 2021 a General Fund appropriation to the special fund in the amount of 26 $5,690,501.] 27 [2.] (I) The Governor shall include in [each of] the annual 28 budget [bills] BILL for fiscal [years 2022 and] YEAR 2023 a General Fund appropriation to 29 the special fund in the amount of $12,500,000. 30 32 SENATE BILL 541 [3. The Governor shall include in the annual budget bill for 1 fiscal year 2024 a General Fund appropriation to the special fund in the amount of 2 $6,809,499.] 3 (ii) The [appropriations] APPROPRIATION required under 4 subparagraph (i) of this paragraph: 5 1. [are] IS not subject to the provisions of subsections (a), (b), 6 (c), and (f) of this section; 7 2. shall be allocated as provided in subsection (d) of this 8 section and § 5–903 of the Natural Resources Article; and 9 3. shall be reduced by the amount of any appropriation from 10 the General Fund to the special fund that: 11 A. exceeds the required appropriation under this paragraph; 12 and 13 B. is identified as an appropriation for reimbursement under 14 this paragraph. 15 [(3)] (2) (i) [1.] The Governor shall include in [each of] the annual 16 budget [bills] BILL for fiscal year [2019 and fiscal years] 2023 [through 2026] a General 17 Fund appropriation to the special fund in the amount of $6,000,000 [and for fiscal year 18 2027 a General Fund appropriation to the special fund in the amount of $4,000,000] for 19 park development and the critical maintenance of State projects located on lands managed 20 by the Department of Natural Resources for public purposes. 21 [2. The Governor shall include in the annual budget bill for 22 fiscal year 2022 only a General Fund appropriation to the special fund in the amount of 23 $21,930,475 for the critical maintenance of State projects located on lands managed by the 24 Department of Natural Resources for public purposes.] 25 (ii) The [appropriations] APPROPRIATION required under 26 subparagraph (i) of this paragraph: 27 1. [are] IS not subject to the provisions of subsections (a), (b), 28 (c), and (f) of this section; AND 29 2. [shall be made until the cumulative total amount 30 appropriated under subparagraph (i) of this paragraph is equal to $55,930,475; and 31 3.] shall be reduced by the amount of any appropriation from 32 the General Fund to the special fund that: 33 SENATE BILL 541 33 A. exceeds the required appropriation under this paragraph; 1 B. is identified as an appropriation for reimbursement under 2 this paragraph; and 3 C. supplements rather than supplants the Department of 4 Natural Resources funding for the critical maintenance of State projects on State lands, 5 based on the average critical maintenance budget of the 10 years preceding the 6 appropriation. 7 [(4)] (3) (i) 1. [Subject to subparagraph (ii) of this paragraph, the 8 Governor shall appropriate from the General Fund to the special fund $119,800,225, which 9 equals the cumulative amount of the appropriations or transfers from the special fund to 10 the General Fund for fiscal years 2016, 2017, and 2018, less $104,365,475. 11 2. For fiscal year 2022 only, the Governor shall include in the 12 annual budget bill a General Fund appropriation in the amount of $1,200,000 to the State 13 Lakes Protection and Restoration Fund established under § 8–205 of the Natural Resources 14 Article to be used only to fund a pilot dredging project at Deep Creek Lake, which is not 15 required to be matched by local funds. 16 3.] For [each of] fiscal [years] YEAR 2023, [2024, 2025, 2026, 17 and 2027,] the Governor shall include in the annual budget bill a General Fund 18 appropriation in the amount of $2,500,000 to the Maryland Agricultural and 19 Resource–Based Industry Development Corporation for the Next Generation Farmland 20 Acquisition Program authorized under § 10–523(a)(3)(ii) of the Economic Development 21 Article. 22 [4.] 2. For fiscal year 2025 only, the Governor shall include in the 23 annual budget bill a General Fund appropriation in the amount of $2,735,000 to the 24 Maryland Agricultural and Resource –Based Industry Development Corporation 25 established under Title 10, Subtitle 5 of the Economic Development Article to be used as 26 follows: 27 A. $2,300,000 to support the Corporation’s rural business 28 loan programs and small matching grant programs; and 29 B. $435,000 for grants and near–equity investments to: 30 I. support the creation or expansion of agricultural product 31 aggregation and storage sites; and 32 II. facilitate participation in the Certified Local Farm 33 Enterprise Program. 34 (ii) [The Governor shall appropriate at least: 35 34 SENATE BILL 541 1. $8,230,475 on or before June 30, 2022; 1 2. an additional $37,986,900 on or before June 30, 2026; 2 3. an additional $48,221,900 on or before June 30, 2030; and 3 4. an additional $25,360,950 on or before June 30, 2031. 4 (iii)] The appropriations required under [subparagraphs] 5 SUBPARAGRAPH (i) [and (ii)] of this paragraph: 6 1. [represent reimbursement for the cumulative amount of 7 any appropriation or transfer from the special fund to the General Fund for fiscal years 8 2016, 2017, and 2018, less $104,365,475; 9 2.] are not subject to the provisions of subsections (a), (b), (c), 10 and (f) of this section; 11 [3.] 2. Shall be allocated as provided in subsection (d) of this 12 section and § 5–903 of the Natural Resources Article; AND 13 [4. Shall be made until the cumulative total appropriated 14 under subparagraphs (i) and (ii) of this paragraph is equal to the cumulative amount of any 15 appropriation or transfer from the special fund to the General Fund for fiscal years 2016, 16 2017, and 2018, less $104,365,475; and] 17 [5.] 3. shall be reduced by the amount of any appropriation from 18 the General Fund to the special fund that: 19 A. exceeds the required appropriation under this paragraph; 20 and 21 B. is identified as an appropriation for reimbursement under 22 this paragraph. 23 Article – Labor and Employment 24 9–207. 25 (a) A PARK SERVICES ASSOCI ATE, A FOREST RANGER , A PARK RANGER , A 26 WILDLIFE RANGER , A registered crew member, a paid law enforcement employee, or an 27 individual engaged for fire fighting by the Department of Natural Resources is a covered 28 employee. 29 SENATE BILL 541 35 (b) Notwithstanding § 9–203 of this subtitle, an individual engaged for fire 1 fighting who otherwise would be a covered employee under subsection (a) of this section is 2 a covered employee even if the fire fighting takes place outside of the State. 3 (c) Notwithstanding § 9–205 of this subtitle, an individual who otherwise would 4 be a covered employee under subsection (a) of this section is a covered employee even if 5 engaged temporarily or part time. 6 (d) For the purpose of this title, the Department of Natural Resources is the 7 employer of an individual who is a covered employee under this section. 8 9–503. 9 (a) A PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK RANGER , 10 WILDLIFE RANGER , paid firefighter, paid fire fighting instructor, paid rescue squad 11 member, paid advanced life support unit member, or sworn member of the Office of the 12 State Fire Marshal employed by an airport authority, a county, a fire control district, a 13 municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, 14 volunteer rescue squad member, or volunteer advanced life support unit member who is a 15 covered employee under § 9–234 of this title is presumed to have an occupational disease 16 that was suffered in the line of duty and is compensable under this title if: 17 (1) the individual has heart disease, hypertension, or lung disease; 18 (2) the heart disease, hypertension, or lung disease results in partial or 19 total disability or death; and 20 (3) in the case of a volunteer firefighter, volunteer fire fighting instructor, 21 volunteer rescue squad member, or volunteer advanced life support unit member, the 22 individual has met a suitable standard of physical examination before becoming a 23 firefighter, fire fighting instructor, rescue squad member, or advanced life support unit 24 member. 25 (b) (1) A paid police officer employed by an airport authority, a county, the 26 Maryland–National Capital Park and Planning Commission, a municipality, or the State, 27 a deputy sheriff of Montgomery County, or, subject to paragraph (2) of this subsection, a 28 deputy sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy 29 sheriff of Baltimore City, Montgomery County correctional officer, Prince George’s County 30 deputy sheriff, Prince George’s County correctional officer, or deputy sheriff of Allegany 31 County is presumed to be suffering from an occupational disease that was suffered in the 32 line of duty and is compensable under this title if: 33 (i) the police officer, deputy sheriff, or correctional officer is 34 suffering from heart disease or hypertension; and 35 (ii) the heart disease or hypertension results in partial or total 36 disability or death. 37 36 SENATE BILL 541 (2) (i) A deputy sheriff of Anne Arundel County, Anne Arundel County 1 detention officer, deputy sheriff of Baltimore City, Montgomery County correctional officer, 2 Prince George’s County deputy sheriff, or Prince George’s County correctional officer is 3 entitled to the presumption under this subsection only to the extent that the individual 4 suffers from heart disease or hypertension that is more severe than the individual’s heart 5 disease or hypertension condition existing prior to the individual’s employment as a deputy 6 sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy sheriff of 7 Baltimore City, Montgomery County correctional officer, Prince George’s County deputy 8 sheriff, or Prince George’s County correctional officer. 9 (ii) To be eligible for the presumption under this subsection, a deputy 10 sheriff of Anne Arundel County, Anne Arundel County detention officer, deputy sheriff of 11 Baltimore City, Montgomery County correctional officer, Prince George’s County deputy 12 sheriff, or Prince George’s County correctional officer, as a condition of employment, shall 13 submit to a medical examination to determine any heart disease or hypertension condition 14 existing prior to the individual’s employment as a deputy sheriff of Anne Arundel County, 15 Anne Arundel County detention officer, deputy sheriff of Baltimore City, Montgomery 16 County correctional officer, Prince George’s County deputy sheriff, or Prince George’s 17 County correctional officer. 18 (c) A PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK RANGER , 19 WILDLIFE RANGER , paid firefighter, paid fire fighting instructor, paid rescue squad 20 member, paid advanced life support unit member, or a sworn member of the Office of the 21 State Fire Marshal employed by an airport authority, a county, a fire control district, a 22 municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, 23 volunteer rescue squad member, or volunteer advanced life support unit member who is a 24 covered employee under § 9–234 of this title is presumed to be suffering from an 25 occupational disease that was suffered in the line of duty and is compensable under this 26 title if: 27 (1) the individual has leukemia or prostate, rectal, throat, multiple 28 myeloma, non–Hodgkin’s lymphoma, brain, testicular, bladder, kidney or renal cell, or 29 breast cancer that is caused by contact with a toxic substance that the individual has 30 encountered in the line of duty; 31 (2) the individual has completed at least 10 years of cumulative service 32 within the State as a firefighter, a fire fighting instructor, a rescue squad member, or an 33 advanced life support unit member or in a combination of those jobs; 34 (3) the cancer or leukemia results in partial or total disability or death; and 35 (4) in the case of a volunteer firefighter, volunteer fire fighting instructor, 36 volunteer rescue squad member, or volunteer advanced life support unit member, the 37 individual has met a suitable standard of physical examination before becoming a 38 firefighter, fire fighting instructor, rescue squad member, or advanced life support unit 39 member. 40 SENATE BILL 541 37 (d) (1) A PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK RANGER , 1 WILDLIFE RANGER , paid law enforcement employee of the Department of Natural 2 Resources who is a covered employee under § 9–207 of this title, and a park police officer of 3 the Maryland–National Capital Park and Planning Commission is presumed to have an 4 occupational disease that was suffered in the line of duty and is compensable under this 5 title if the [employee] INDIVIDUAL: 6 (i) is suffering from Lyme disease; and 7 (ii) was not suffering from Lyme disease before assignment to a 8 position that regularly places the employee in an outdoor wooded environment. 9 (2) The presumption under this subsection for a park police officer of the 10 Maryland–National Capital Park and Planning Commission shall only apply: 11 (i) during the time that the park police officer is assigned to a 12 position that regularly places the park police officer in an outdoor wooded environment; 13 and 14 (ii) for 3 years after the last date that the park police officer was 15 assigned by the Maryland–National Capital Park and Planning Commission to a position 16 that regularly placed the officer in an outdoor wooded environment. 17 (e) (1) Except as provided in paragraph (2) of this subsection, any paid 18 firefighter, paid fire fighting instructor, sworn member of the Office of the State Fire 19 Marshal, paid police officer, PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK 20 RANGER, WILDLIFE RANGER , paid law enforcement employee of the Department of 21 Natural Resources, deputy sheriff of Anne Arundel County, Anne Arundel County 22 detention officer, park police officer of the Maryland–National Capital Park and Planning 23 Commission, deputy sheriff of Montgomery County, deputy sheriff of Baltimore City, 24 Montgomery County correctional officer, deputy sheriff of Prince George’s County, or Prince 25 George’s County correctional officer who is eligible for benefits under subsection (a), (b), (c), 26 or (d) of this section or the dependents of those individuals shall receive the benefits in 27 addition to any benefits that the individual or the dependents of the individual are entitled 28 to receive under the retirement system in which the individual was a participant at the 29 time of the claim. 30 (2) The benefits received under this title shall be adjusted so that the 31 weekly total of those benefits and retirement benefits does not exceed the weekly salary 32 that was paid to [the paid law enforcement employee of the Department of Natural 33 Resources, a park police officer of the Maryland–National Capital Park and Planning 34 Commission, firefighter, fire fighting instructor, sworn member of the Office of the State 35 Fire Marshal, police officer, deputy sheriff, Prince George’s County or Montgomery County 36 correctional officer, or Anne Arundel County detention officer] AN INDIVIDUAL SPECIF IED 37 UNDER PARAGRAPH (1) OF THIS SUBSECTION . 38 38 SENATE BILL 541 Article – Tax – General 1 10–209. 2 (a) (1) In this section the following words have the meanings indicated. 3 (2) “Correctional officer” means an individual who: 4 (i) was employed in: 5 1. a State correctional facility, as defined in § 1–101 of the 6 Correctional Services Article; 7 2. a local correctional facility, as defined in § 1–101 of the 8 Correctional Services Article; 9 3. a juvenile facility included in § 9–226 of the Human 10 Services Article; or 11 4. a facility of the United States that is equivalent to a State 12 or local correctional facility or a juvenile facility included in § 9–226 of the Human Services 13 Article; and 14 (ii) is eligible to receive retirement income attributable to the 15 individual’s employment under item (i) of this paragraph. 16 (3) “Emergency services personnel” means emergency medical technicians 17 or paramedics. 18 (4) (i) “Employee retirement system” means a plan: 19 1. established and maintained by an employer for the benefit 20 of its employees; and 21 2. qualified under § 401(a), § 403, or § 457(b) of the Internal 22 Revenue Code. 23 (ii) “Employee retirement system” does not include: 24 1. an individual retirement account or annuity under § 408 25 of the Internal Revenue Code; 26 2. a Roth individual retirement account under § 408A of the 27 Internal Revenue Code; 28 3. a rollover individual retirement account; 29 SENATE BILL 541 39 4. a simplified employee pension under Internal Revenue 1 Code § 408(k); or 2 5. an ineligible deferred compensation plan under § 457(f) of 3 the Internal Revenue Code. 4 (b) Subject to subsections (d) and (e) of this section, to determine Maryland 5 adjusted gross income, if, on the last day of the taxable year, a resident is at least 65 years 6 old or is totally disabled or the resident’s spouse is totally disabled, or the resident is at 7 least 55 years old and is a retired PARK SERVICES ASSOC IATE, FOREST RANGER , PARK 8 RANGER, WILDLIFE RANGER , correctional officer, law enforcement officer, or fire, rescue, 9 or emergency services personnel of the United States, the State, or a political subdivision 10 of the State, an amount is subtracted from federal adjusted gross income equal to the lesser 11 of: 12 (1) the cumulative or total annuity, pension, or endowment income from an 13 employee retirement system included in federal adjusted gross income; or 14 (2) the maximum annual benefit under the Social Security Act computed 15 under subsection (c) of this section, less any payment received as old age, survivors, or 16 disability benefits under the Social Security Act, the Railroad Retirement Act, or both. 17 (c) For purposes of subsection (b)(2) of this section, the Comptroller: 18 (1) shall determine the maximum annual benefit under the Social Security 19 Act allowed for an individual who retired at age 65 for the prior calendar year; and 20 (2) may allow the subtraction to the nearest $100. 21 (d) Military retirement income that is included in the subtraction under § 22 10–207(q) of this subtitle may not be taken into account for purposes of the subtraction 23 under this section. 24 (e) In the case of a retired PARK SERVICES ASSOCI ATE, FOREST RANGER , 25 PARK RANGER , WILDLIFE RANGER , correctional officer, law enforcement officer, or fire, 26 rescue, or emergency services personnel of the United States, the State, or a political 27 subdivision of the State, the amount included under subsection (b)(1) of this section is 28 limited to the first $15,000 of retirement income that is attributable to the resident’s 29 employment as a PARK SERVICES ASSOCI ATE, FOREST RANGER , PARK RANGER , 30 WILDLIFE RANGER , correctional officer, [a] law enforcement officer, or fire, rescue, or 31 emergency services personnel of the United States, the State, or a political subdivision of 32 the State unless: 33 (1) the resident is at least 65 years old or is totally disabled; or 34 40 SENATE BILL 541 (2) the resident’s spouse is totally disabled. 1 Chapter 698 of the Acts of 2018 2 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3 1, 2018. It shall remain effective for a period of [4] 7 years and, at the end of June 30, 4 [2022] 2025, this Act, with no further action required by the General Assembly, shall be 5 abrogated and of no further force and effect. 6 SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding any other 7 provision of law, on or before June 30, 2022, the Governor may transfer to the Park System 8 Capital Improvements and Acquisition Fund established in § 5–221 of the Natural 9 Resources Article, as enacted by Section 1 of this Act, $60,000,000 $43,126,072 of the funds 10 for State land acquisition under Program Open Space in the special fund established under 11 § 13–209 of the Tax – Property Article. A transfer of funds from the special fund established 12 under § 13–209 of the Tax – Property Article to the Park System Capital Improvements 13 and Acquisition Fund under this section may not be taken into account for purposes of 14 determining any allocation or appropriation required under § 13–209(f) or (g) of the Tax – 15 Property Article. 16 SECTION 3. AND BE IT FURTHER ENACTED, That the Parks and Recreation 17 Commission established in § 5–2A–03 of the Natural Resources Article, as enacted by 18 Section 1 of this Act, shall provide oversight to the Maryland Park Service on the 19 implementation of this Act. 20 SECTION 4. AND BE IT FURTHER ENACTED, That, on or before December 1, 21 2022, the Department of Natural Resources shall report to the General Assembly, in 22 accordance with § 2–1257 of the State Government Article, on the possibility of reopening 23 Fort Tonoloway State Park after the conclusion of the archaeological excavation of the park, 24 including: 25 (1) whether the site of historic Fort Tonoloway is determined to be located 26 within the park; 27 (2) if the site of historic Fort Tonoloway is located within the park, whether 28 the site will be redesignated from a State park to be a historic site; and 29 (3) if the site of historic Fort Tonoloway is not located within the park, 30 when the site will be reopened to the public for recreational use. 31 SECTION 5. AND BE IT FURTHER ENACTED, That, on or before July 1, 2022, the 32 Department of Budget and Management shall revise the job title of employees with the job 33 title “Park Service Associate” to have the job title “State Park Ranger”. 34 SECTION 6. AND BE IT FURTHER ENACTED, That on or before October 1, 2023, 35 the Department of Natural Resources, in collaboration with the Maryland Department of 36 Labor, shall: 37 SENATE BILL 541 41 (1) identify opportunities to create registered apprenticeship programs to 1 help address workforce shortages and the career workforce needs of the Department of 2 Natural Resources, including: 3 (i) apprenticeships that allow an individual to earn a college degree; 4 and 5 (ii) registered apprenticeships for high school students; and 6 (2) report the findings under subsection (1) of this section to the Senate 7 Budget and Taxation Committee and the House Appropriations Committee, in accordance 8 with § 2–1257 of the State Government Article. 9 SECTION 7. AND BE IT FURTHER ENACTED, That if Chapter ____ (S.B. 942/H.B. 10 855) does not take effect, the Governor shall include in the annual budget bill an 11 appropriation of $2,000,000 to the Maryland Agricultural Land Preservation Fund, in 12 addition to any other funds required to be appropriated to the Fund under this Act. 13 SECTION 4. 8. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 July June 1, 2022. 15 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.