MD
Maryland Senate Bill SB601

Maryland 2022 Regular Session

Maryland Senate Bill SB601 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0601*
96
107 SENATE BILL 601
118 M4 2lr2318
129
1310 By: Senator McCray
1411 Introduced and read first time: February 2, 2022
1512 Assigned to: Education, Health, and Environmental Affairs
16-Committee Report: Favorable
17-Senate action: Adopted
18-Read second time: March 3, 2022
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Baltimore City Soil Conservation District – Establishment – Requirements 2
2519
2620 FOR the purpose of providing for the establishment of a Baltimore City Soil Conservation 3
2721 District; adding Baltimore City to a geographic area from which the Secretary of 4
2822 Agriculture appoints the soil conservation district supervisors; requiring the Mayor 5
2923 of Baltimore City to take certain actions to form the District; requiring the Secretary 6
3024 of State to take certain actions to record the organization of the District; providing 7
3125 for the appointment of the supervisors for the District; and generally relating to the 8
3226 establishment of a Baltimore City Soil Conservation District. 9
3327
3428 BY repealing and reenacting, with amendments, 10
3529 Article – Agriculture 11
3630 Section 8–101, 8–201(b), 8–301, 8–302, and 8–405 12
3731 Annotated Code of Maryland 13
3832 (2016 Replacement Volume and 2021 Supplement) 14
3933
4034 BY adding to 15
4135 Article – Agriculture 16
4236 Section 8–301.1 17
4337 Annotated Code of Maryland 18
4438 (2016 Replacement Volume and 2021 Supplement) 19
4539
4640 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
4741 That the Laws of Maryland read as follows: 21
42+
43+Article – Agriculture 22
44+
45+8–101. 23
4846 2 SENATE BILL 601
4947
5048
51-Article – Agriculture 1
49+ (a) In [this subtitle] SUBTITLES 1 THROUGH 4 OF THIS TITLE the following 1
50+words have the meanings indicated. 2
5251
53-8–101. 2
52+ (b) “Committee” means the State Soil Conservation Committee. 3
5453
55- (a) In [this subtitle] SUBTITLES 1 THROUGH 4 OF THIS TITLE the following 3
56-words have the meanings indicated. 4
54+ (c) “Conservation” means the wise utilization of natural resources and includes 4
55+any one or more of the following: [the] 5
5756
58- (b) “Committee” means the State Soil Conservation Committee. 5
57+ (1) THE development, improvement, maintenance, protection or 6
58+preservation of these resources; [the] 7
5959
60- (c) “Conservation” means the wise utilization of natural resources and includes 6
61-any one or more of the following: [the] 7
60+ (2) THE control and prevention of flood water and sediment damage; and 8
61+[the] 9
6262
63- (1) THE development, improvement, maintenance, protection or 8
64-preservation of these resources; [the] 9
63+ (3) THE every county of the State, excluding Baltimore City unless 10
64+expressly designated. 11
6565
66- (2) THE control and prevention of flood water and sediment damage; and 10
67-[the] 11
66+ (e)] “District” means a soil conservation district, a political subdivision of the State 12
67+continued in accordance with the provisions of this subtitle. 13
6868
69- (3) THE controlled disposal of water. 12
69+ [(f)] (E) (1) “Due notice” means notice published at least twice, with an 14
70+interval of at least seven days between the two publication dates, in a newspaper or other 15
71+publication of general circulation within the appropriate area. 16
7072
71- (d) [“County” means every county of the State, excluding Baltimore City unless 13
72-expressly designated. 14
73+ (2) If no publication of general circulation is available, the notice may be 17
74+posted at a reasonable number of conspicuous places within the appropriate area, including 18
75+if possible, public places where it is customary to post notices concerning county or 19
76+municipal affairs generally. 20
7377
74- (e)] “District” means a soil conservation district, a political subdivision of the State 15
75-continued in accordance with the provisions of this subtitle. 16
78+ (3) At any hearing held pursuant to the notice, at the time and place 21
79+designated in the notice, adjournment may be made without renewing notice for the 22
80+adjourned dates. 23
7681
77- [(f)] (E) (1) “Due notice” means notice published at least twice, with an 17
78-interval of at least seven days between the two publication dates, in a newspaper or other 18
79-publication of general circulation within the appropriate area. 19
82+ [(g)] (F) “Land occupier” means any person holding title to or possessing any 24
83+lands lying within a district, whether as owner, lessee, tenant, or otherwise. 25
8084
81- (2) If no publication of general circulation is available, the notice may be 20
82-posted at a reasonable number of conspicuous places within the appropriate area, including 21
83-if possible, public places where it is customary to post notices concerning county or 22
84-municipal affairs generally. 23
85+ [(h)] (G) “Supervisor” means a member of the governing body of a district. 26
8586
86- (3) At any hearing held pursuant to the notice, at the time and place 24
87-designated in the notice, adjournment may be made without renewing notice for the 25
88-adjourned dates. 26
87+8–201. 27
8988
90- [(g)] (F) “Land occupier” means any person holding title to or possessing any 27
91-lands lying within a district, whether as owner, lessee, tenant, or otherwise. 28
89+ (b) (1) The Secretary shall appoint the soil conservation district supervisors 28
90+from recommendations submitted by the district supervisors of each area represented. 29
9291
93- [(h)] (G) “Supervisor” means a member of the governing body of a district. 29
94-
95-8–201. 30
92+ (2) Each supervisor shall be from one of the following five geographic areas: 30
9693 SENATE BILL 601 3
9794
9895
99- (b) (1) The Secretary shall appoint the soil conservation district supervisors 1
100-from recommendations submitted by the district supervisors of each area represented. 2
96+ [(1)] (I) Area No. 1: Garrett, Allegany, Washington County, Catoctin, 1
97+Frederick, and Carroll Soil Conservation Districts; 2
10198
102- (2) Each supervisor shall be from one of the following five geographic areas: 3
99+ [(2)] (II) Area No. 2: Anne Arundel, Prince George’s, Charles, St. Mary’s, 3
100+and Calvert Soil Conservation Districts; 4
103101
104- [(1)] (I) Area No. 1: Garrett, Allegany, Washington County, Catoctin, 4
105-Frederick, and Carroll Soil Conservation Districts; 5
102+ [(3)] (III) Area No. 3: Kent, Queen Anne’s, Caroline, and Talbot Soil 5
103+Conservation Districts; 6
106104
107- [(2)] (II) Area No. 2: Anne Arundel, Prince George’s, Charles, St. Mary’s, 6
108-and Calvert Soil Conservation Districts; 7
105+ [(4)] (IV) Area No. 4: BALTIMORE CITY, Baltimore County, Harford, 7
106+Montgomery, Howard and Cecil Soil Conservation Districts; and 8
109107
110- [(3)] (III) Area No. 3: Kent, Queen Anne’s, Caroline, and Talbot Soil 8
111-Conservation Districts; 9
108+ [(5)] (V) Area No. 5: Dorchester, Wicomico, Worcester, and Somerset Soil 9
109+Conservation Districts. 10
112110
113- [(4)] (IV) Area No. 4: BALTIMORE CITY, Baltimore County, Harford, 10
114-Montgomery, Howard and Cecil Soil Conservation Districts; and 11
111+8–301. 11
115112
116- [(5)] (V) Area No. 5: Dorchester, Wicomico, Worcester, and Somerset Soil 12
117-Conservation Districts. 13
113+ [(a)] The [24] FOLLOWING soil conservation districts are established and 12
114+continued with boundaries corresponding to county boundaries, except for Frederick 13
115+County, and include all land and water and incorporated areas[, as follows]: 14
118116
119-8–301. 14
117+ (1) Allegany Soil Conservation District; 15
120118
121- [(a)] The [24] FOLLOWING soil conservation districts are established and 15
122-continued with boundaries corresponding to county boundaries, except for Frederick 16
123-County, and include all land and water and incorporated areas[, as follows]: 17
119+ (2) Anne Arundel Soil Conservation District; 16
124120
125- (1) Allegany Soil Conservation District; 18
121+ (3) Baltimore County Soil Conservation District; 17
126122
127- (2) Anne Arundel Soil Conservation District; 19
123+ (4) Calvert Soil Conservation District; 18
128124
129- (3) Baltimore County Soil Conservation District; 20
125+ (5) Caroline Soil Conservation District; 19
130126
131- (4) Calvert Soil Conservation District; 21
127+ (6) Carroll Soil Conservation District; 20
132128
133- (5) Caroline Soil Conservation District; 22
129+ (7) Cecil Soil Conservation District; 21
134130
135- (6) Carroll Soil Conservation District; 23
131+ (8) Charles Soil Conservation District; 22
136132
137- (7) Cecil Soil Conservation District; 24
133+ (9) Dorchester Soil Conservation District; 23
138134
139- (8) Charles Soil Conservation District; 25
135+ (10) Garrett Soil Conservation District; 24
140136
141- (9) Dorchester Soil Conservation District; 26
137+ (11) Harford Soil Conservation District; 25
142138
143- (10) Garrett Soil Conservation District; 27
144- 4 SENATE BILL 601
139+ (12) Howard Soil Conservation District; 26
140+
141+ (13) Kent Soil Conservation District; 27 4 SENATE BILL 601
145142
146143
147- (11) Harford Soil Conservation District; 1
148144
149- (12) Howard Soil Conservation District; 2
145+ (14) Montgomery Soil Conservation District; 1
150146
151- (13) Kent Soil Conservation District; 3
147+ (15) Prince George’s Soil Conservation District; 2
152148
153- (14) Montgomery Soil Conservation District; 4
149+ (16) Queen Anne’s Soil Conservation District; 3
154150
155- (15) Prince George’s Soil Conservation District; 5
151+ (17) St. Mary’s Soil Conservation District; 4
156152
157- (16) Queen Anne’s Soil Conservation District; 6
153+ (18) Somerset Soil Conservation District; 5
158154
159- (17) St. Mary’s Soil Conservation District; 7
155+ (19) Talbot Soil Conservation District; 6
160156
161- (18) Somerset Soil Conservation District; 8
157+ (20) Washington County Soil Conservation District; 7
162158
163- (19) Talbot Soil Conservation District; 9
159+ (21) Wicomico Soil Conservation District; 8
164160
165- (20) Washington County Soil Conservation District; 10
161+ (22) Worcester Soil Conservation District; 9
166162
167- (21) Wicomico Soil Conservation District; 11
163+ (23) Catoctin Soil Conservation District within the area of Frederick County 10
164+bounded by the Washington–Frederick County line, the Potomac River, and the eastern 11
165+and northern boundaries of the Catoctin Creek watershed; and 12
168166
169- (22) Worcester Soil Conservation District; 12
167+ (24) The Frederick Soil Conservation District comprising the balance of 13
168+Frederick County land and water area. 14
170169
171- (23) Catoctin Soil Conservation District within the area of Frederick County 13
172-bounded by the Washington–Frederick County line, the Potomac River, and the eastern 14
173-and northern boundaries of the Catoctin Creek watershed; and 15
170+ [(b) A Baltimore City Soil Conservation District may be established and continued 15
171+with boundaries corresponding to the boundaries of Baltimore City.] 16
174172
175- (24) The Frederick Soil Conservation District comprising the balance of 16
176-Frederick County land and water area. 17
173+8–301.1. 17
177174
178- [(b) A Baltimore City Soil Conservation District may be established and continued 18
179-with boundaries corresponding to the boundaries of Baltimore City.] 19
175+ (A) SUBJECT TO THE REQUIR EMENTS OF THIS SECTION, A BALTIMORE CITY 18
176+SOIL CONSERVATION DISTRICT MAY BE ESTAB LISHED AND CONTINUED WITH 19
177+BOUNDARIES CORRESPON DING TO THE BOUNDARI ES OF BALTIMORE CITY. 20
180178
181-8–301.1. 20
179+ (B) THE MAYOR OF BALTIMORE CITY SHALL: 21
182180
183- (A) SUBJECT TO THE REQUIR EMENTS OF THIS SECTION, A BALTIMORE CITY 21
184-SOIL CONSERVATION DISTRICT MAY BE ESTAB LISHED AND CONTINUED WITH 22
185-BOUNDARIES CORRESPON DING TO THE BOUNDARI ES OF BALTIMORE CITY. 23
181+ (1) NOTIFY THE COMMITTEE OF THE INTENT TO ESTABLISH A SOIL 22
182+CONSERVATION DISTRIC T; 23
186183
187- (B) THE MAYOR OF BALTIMORE CITY SHALL: 24
184+ (2) APPOINT THREE SUPERVISOR S TO THE GOVERNING BOD Y OF THE 24
185+DISTRICT IN ACCORDANCE WITH § 8–302 OF THIS SUBTITLE; AND 25
188186
189- (1) NOTIFY THE COMMITTEE OF THE INTENT TO ESTABLISH A SOIL 25
190-CONSERVATION DISTRIC T; 26
191- SENATE BILL 601 5
187+ (3) SUBMIT TO THE SECRETARY OF STATE A SIGNED APPLIC ATION TO 26
188+ORGANIZE THE DISTRICT AS: 27 SENATE BILL 601 5
192189
193190
194- (2) APPOINT THREE SUPERVISOR S TO THE GOVERNING BOD Y OF THE 1
195-DISTRICT IN ACCORDANCE WITH § 8–302 OF THIS SUBTITLE; AND 2
196191
197- (3) SUBMIT TO THE SECRETARY OF STATE A SIGNED APPLIC ATION TO 3
198-ORGANIZE THE DISTRICT AS: 4
192+ (I) A POLITICAL SUBDIVISION OF THE STATE; AND 1
199193
200- (I) A POLITICAL SUBDIVISION OF THE STATE; AND 5
194+ (II) A PUBLIC BODY CORPORATE . 2
201195
202- (II) A PUBLIC BODY CORPORATE . 6
196+ (C) THE SECRETARY OF STATE SHALL: 3
203197
204- (C) THE SECRETARY OF STATE SHALL: 7
198+ (1) EXAMINE, FILE, AND RECORD THE APPLI CATION IN THE BOOK 4
199+FOR THE RECORDING OF APPLICATIONS FOR THE ORGANIZATION OF DIST RICTS; 5
205200
206- (1) EXAMINE, FILE, AND RECORD THE APPLI CATION IN THE BOOK 8
207-FOR THE RECORDING OF APPLICATIONS FOR THE ORGANIZATION OF DIST RICTS; 9
201+ (2) ISSUE TO THE SUPERVISORS O F THE DISTRICT, UNDER SEAL OF 6
202+THE STATE, A CERTIFICATE OF CON STITUTION OF THE DIS TRICT; AND 7
208203
209- (2) ISSUE TO THE SUPERVISORS O F THE DISTRICT, UNDER SEA L OF 10
210-THE STATE, A CERTIFICATE OF CON STITUTION OF THE DIS TRICT; AND 11
204+ (3) RECORD THE CERTIFICAT E WITH THE APPLICATI ON. 8
211205
212- (3) RECORD THE CERTIFICAT E WITH THE APPLICATI ON. 12
206+8–302. 9
213207
214-8–302. 13
208+ (a) The governing body of each district consists of five supervisors. 10
215209
216- (a) The governing body of each district consists of five supervisors. 14
210+ (b) (1) Each supervisor shall be interested and knowledgeable in conservation 11
211+of soil, water, and related natural resources. 12
217212
218- (b) (1) Each supervisor shall be interested and knowledgeable in conservation 15
219-of soil, water, and related natural resources. 16
213+ (2) By training and experience, each supervisor shall be qualified to 13
214+perform the specialized skilled services which are required in performing the duties under 14
215+this subtitle. 15
220216
221- (2) By training and experience, each supervisor shall be qualified to 17
222-perform the specialized skilled services which are required in performing the duties under 18
223-this subtitle. 19
217+ (c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 16
218+SUBSECTION, THE supervisors shall be appointed in the following manner, and 17
219+consideration shall be given to representation from farming, forestry, wildlife, and urban 18
220+interests where appropriate: 19
224221
225- (c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 20
226-SUBSECTION, THE supervisors shall be appointed in the following manner, and 21
227-consideration shall be given to representation from farming, forestry, wildlife, and urban 22
228-interests where appropriate: 23
222+ [(1)] (I) One district resident by the county governing body and serving 20
223+at the pleasure of the county governing body[. In], PROVIDED THAT IN those counties with 21
224+both an executive and a legislative branch of government, the appointment shall be made 22
225+by the executive and approved by the legislative branch; 23
229226
230- [(1)] (I) One district resident by the county governing body and serving 24
231-at the pleasure of the county governing body[. In], PROVIDED THAT IN those counties with 25
232-both an executive and a legislative branch of government, the appointment shall be made 26
233-by the executive and approved by the legislative branch; 27
227+ [(2)] (II) One by the Committee from a list of three district residents 24
228+submitted by the county farm bureau; 25
234229
235- [(2)] (II) One by the Committee from a list of three district residents 28
236-submitted by the county farm bureau; 29
230+ [(3)] (III) One by the Committee from a list of three district residents 26
231+submitted by the county extension service; and 27
232+
233+ [(4)] (IV) Two by the Committee from among residents of the district. 28
237234 6 SENATE BILL 601
238235
239236
240- [(3)] (III) One by the Committee from a list of three district residents 1
241-submitted by the county extension service; and 2
237+ (2) THE SUPERVISORS FOR T HE BALTIMORE CITY SOIL 1
238+CONSERVATION DISTRICT SHALL BE APPOINTED I N THE FOLLOWING MANNER, AND 2
239+CONSIDERATION SHALL BE GIVEN TO REPRESEN TATION FROM FARMING , 3
240+FORESTRY, WILDLIFE, AND URBAN INTERESTS WHERE APPROPRIATE : 4
242241
243- [(4)] (IV) Two by the Committee from among residents of the district. 3
242+ (I) THREE DISTRICT RESIDE NTS BY THE MAYOR, SUBJECT TO 5
243+THE APPROVAL OF THE CITY COUNCIL; 6
244244
245- (2) THE SUPERVISORS FOR T HE BALTIMORE CITY SOIL 4
246-CONSERVATION DISTRICT SHALL BE APPOINTED I N THE FOLLOWING MANN ER, AND 5
247-CONSIDERATION SHALL BE GIVEN TO REPRESEN TATION FROM FARMING , 6
248-FORESTRY, WILDLIFE, AND URBAN INTERESTS WHERE APPROPRIATE : 7
245+ (II) ONE BY THE BALTIMORE CITY SENATE DELEGATION TO 7
246+THE GENERAL ASSEMBLY; AND 8
249247
250- (I) THREE DISTRICT RESIDE NTS BY THE MAYOR, SUBJECT TO 8
251-THE APPROVAL OF THE CITY COUNCIL; 9
248+ (III) ONE BY THE BALTIMORE CITY HOUSE DELEGATION TO THE 9
249+GENERAL ASSEMBLY. 10
252250
253- (II) ONE BY THE BALTIMORE CITY SENATE DELEGATION TO 10
254-THE GENERAL ASSEMBLY; AND 11
251+ (d) (1) The term of office of each Committee appointed member is 5 years. 11
255252
256- (III) ONE BY THE BALTIMORE CITY HOUSE DELEGATION TO THE 12
257-GENERAL ASSEMBLY. 13
253+ (2) Each supervisor shall hold office until [his] A successor is appointed 12
254+and qualifies. 13
258255
259- (d) (1) The term of office of each Committee appointed member is 5 years. 14
256+ (3) Vacancies shall be filled for any unexpired term by appointments made 14
257+in the same manner as for the full term. 15
260258
261- (2) Each supervisor shall hold office until [his] A successor is appointed 15
262-and qualifies. 16
259+ (e) (1) The Committee, upon notice and hearing, may remove any supervisor 16
260+from office for neglect of duty or malfeasance in office. [In addition] 17
263261
264- (3) Vacancies shall be filled for any unexpired term by appointments made 17
265-in the same manner as for the full term. 18
262+ (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , any supervisor 18
263+who, during any period of 12 consecutive months, shall fail to attend at least [50 percent] 19
264+50% of all regular meetings of the board of supervisors of the district of which [he] THE 20
265+SUPERVISOR is an appointed member, shall be considered to have resigned and the 21
266+chairman of the board of supervisors shall notify the appropriate appointing body of the 22
267+resultant vacancy. [However, if] 23
266268
267- (e) (1) The Committee, upon notice and hearing, may remove any supervisor 19
268-from office for neglect of duty or malfeasance in office. [In addition] 20
269+ (3) IF the reasons for the supervisor’s inability to attend meetings as 24
270+required in this subtitle are found by the appointing body to be satisfactory, the appointing 25
271+body may reinstate the supervisor to office. 26
269272
270- (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , any supervisor 21
271-who, during any period of 12 consecutive months, shall fail to attend at least [50 percent] 22
272-50% of all regular meetings of the board of supervisors of the district of which [he] THE 23
273-SUPERVISOR is an appointed member, shall be considered to have resigned and the 24
274-chairman of the board of supervisors shall notify the appropriate appointing body of the 25
275-resultant vacancy. [However, if] 26
273+8–405. 27
276274
277- (3) IF the reasons for the supervisor’s inability to attend meetings as 27
278-required in this subtitle are found by the appointing body to be satisfactory, the appointing 28
279-body may reinstate the supervisor to office. 29
280-
281-8–405. 30
282-
283- (a) The General Assembly finds that, from fiscal year 1991 through fiscal year 31
284-1998, inadequate resources have been provided for the soil conservation districts to employ 32 SENATE BILL 601 7
275+ (a) The General Assembly finds that, from fiscal year 1991 through fiscal year 28
276+1998, inadequate resources have been provided for the soil conservation districts to employ 29
277+adequate field personnel to assist farmers in the preparation of soil conservation and water 30
278+quality plans. 31
279+ SENATE BILL 601 7
285280
286281
287-adequate field personnel to assist farmers in the preparation of soil conservation and water 1
288-quality plans. 2
282+ (b) It is the intent of the General Assembly to provide sufficient technical 1
283+assistance and resources through the soil conservation districts to assist farmers in pursuit 2
284+of soil conservation and water quality plans and other activities authorized under this title. 3
289285
290- (b) It is the intent of the General Assembly to provide sufficient technical 3
291-assistance and resources through the soil conservation districts to assist farmers in pursuit 4
292-of soil conservation and water quality plans and other activities authorized under this title. 5
286+ (c) (1) The Governor shall include in the annual budget bill an amount 4
287+sufficient to employ not less than 110 field personnel in the soil conservation districts under 5
288+this title. 6
293289
294- (c) (1) The Governor shall include in the annual budget bill an amount 6
295-sufficient to employ not less than 110 field personnel in the soil conservation districts under 7
296-this title. 8
290+ (2) The appropriation for the [24] soil conservation districts shall be as 7
291+follows: 8
297292
298- (2) The appropriation for the [24] soil conservation districts shall be as 9
299-follows: 10
293+ (i) For fiscal year 2008, $8,800,000; 9
300294
301- (i) For fiscal year 2008, $8,800,000; 11
295+ (ii) For fiscal year 2009, $9,200,000; 10
302296
303- (ii) For fiscal year 2009, $9,200,000; 12
297+ (iii) For fiscal year 2010, $9,600,000; and 11
304298
305- (iii) For fiscal year 2010, $9,600,000; and 13
299+ (iv) For fiscal year 2011 and each fiscal year thereafter, $10,000,000. 12
306300
307- (iv) For fiscal year 2011 and each fiscal year thereafter, $10,000,000. 14
308-
309- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
310-October 1, 2022. 16
311-
312-
313-
314-Approved:
315-________________________________________________________________________________
316- Governor.
317-________________________________________________________________________________
318- President of the Senate.
319-________________________________________________________________________________
320- Speaker of the House of Delegates.
301+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
302+October 1, 2022. 14