Maryland 2023 Regular Session

Maryland House Bill HB1254 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1254
6	6
7	7	HOUSE BILL 1254
8	8	M2 3lr3065
9	9	CF SB 434
10	10	By: Delegate Stein
11	11	Introduced and read first time: February 16, 2023
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Natural Resources – Restorative Aquaculture Pilot Program 2
19	19
20	20	FOR the purpose of requiring the Department of Natural Resources to establish and 3
21	21	implement a Restorative Aquaculture Pilot Program to provide financial incentives 4
22	22	to certain holders of aquaculture leases; authorizing a holder of an aquaculture lease 5
23	23	who is participating in the Pilot Program to meet certain requirements by shellfish 6
24	24	seed planting only; and generally relating to the Restorative Aquaculture Pilot 7
25	25	Program. 8
26	26
27	27	BY adding to 9
28	28	Article – Natural Resources 10
29	29	Section 4–11A–24 11
30	30	Annotated Code of Maryland 12
31	31	(2018 Replacement Volume and 2022 Supplement) 13
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
34	34	That the Laws of Maryland read as follows: 15
35	35
36	36	Article – Natural Resources 16
37	37
38	38	4–11A–24. 17
39	39
40	40	(A) IN THIS SECTION , “PILOT PROGRAM” MEANS THE RESTORATIVE 18
41	41	AQUACULTURE PILOT PROGRAM. 19
42	42
43	43	(B) THE GENERAL ASSEMBLY FINDS THAT , WITH APPROPRIATE SIT ING, 20
44	44	ACTIVE USE REQUIREME NTS THAT REQUIRE ANN UAL SHELLFISH SEED P LANTINGS, 21
45	45	AND APPROPRIATE HUSB ANDRY, SHELLFISH AQUACULTUR E IS A RESTORATIVE 22
46	46	ACTIVITY THAT BENEFI TS WATER QUALITY , OYSTER PRODUCTIVITY , AND HABITAT. 23
47	47	2 HOUSE BILL 1254
48	48
49	49
50	50	(C) (1) THE DEPARTMENT SHALL ESTA BLISH AND IMPLEMENT A 1
51	51	RESTORATIVE AQUACULTURE PILOT PROGRAM. 2
52	52
53	53	(2) THE PILOT PROGRAM SHALL BE DESI GNED TO PROVIDE 3
54	54	FINANCIAL INCENTIVES TO A HOLDER OF AN AQ UACULTURE LEASE WHO : 4
55	55
56	56	(I) MAINTAINS THE LEASE , IN WHOLE OR IN PART , IN 5
57	57	ACCORDANCE WITH THE CRITERIA FOR RESTORA TIVE AQUACULTURE IDE NTIFIED 6
58	58	BY THE DEPARTMENT UNDER SUBS ECTION (D) OF THIS SECTION; AND 7
59	59
60	60	(II) MAINTAINS THE RESTORA TIVE CONDITIONS FOR AT LEAST 8
61	61	4 YEARS. 9
62	62
63	63	(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 10
64	64	DEPARTMENT SHALL IDEN TIFY CRITERIA AND ME TRICS FOR RESTORATIV E 11
65	65	AQUACULTURE THAT TAK E INTO CONSIDERATION : 12
66	66
67	67	(I) OYSTER DENSITY; 13
68	68
69	69	(II) OYSTER BIOMASS ; 14
70	70
71	71	(III) HABITAT COMPLEXITY ; AND 15
72	72
73	73	(IV) ANY OTHER CRITERIA AN D METRICS DEVELOPED OR 16
74	74	IDENTIFIED IN COORDI NATION WITH THE AQUACULTURE COORDINATING COUNCIL, 17
75	75	THE UNIVERSITY OF MARYLAND CENTER FOR ENVIRONMENTAL SCIENCE, OR 18
76	76	OTHER INTERESTED STA KEHOLDERS . 19
77	77
78	78	(2) THE CRITERIA AND METR ICS IDENTIFIED UNDER PARAGRAPH (1) 20
79	79	OF THIS SUBSECTION S HALL BE AT LEAST AS STRINGENT AS THE TAR GET CRITERIA 21
80	80	AND METRICS USED IN LARGE–SCALE OYSTER RESTORA TION PROJECTS OVE RSEEN 22
81	81	OR SUPPORTED BY THE CHESAPEAKE BAY PROGRAM. 23
82	82
83	83	(E) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE 24
84	84	DEPARTMENT SHALL ESTA BLISH ELIGIBILITY RE QUIREMENTS AND FINAN CIAL 25
85	85	INCENTIVES FOR THE PILOT PROGRAM. 26
86	86
87	87	(2) THE FINANCIAL INCENTI VES ESTABL ISHED UNDER PARAGRAP H 27
88	88	(1) OF THIS SUBSECTION S HALL BE DESIGNED IN A MANNER THAT PAYS E LIGIBLE 28
89	89	LEASE HOLDERS : 29
90	90
91	91	(I) 1. ON A PER–ACRE BASIS; AND 30
92	92	HOUSE BILL 1254 3
93	93
94	94
95	95	2. AT A RATE DETERMINED BY THE DEPARTMENT IN 1
96	96	CONSULTATION WITH TH E AQUACULTURE COORDINATING COUNCIL; OR 2
97	97
98	98	(II) FOR OYSTERS PURCHASED BY THE DEPARTMENT FOR USE 3
99	99	IN OYSTER RESTORATIO N SANCTUARY PROJECTS . 4
100	100
101	101	(3) THE DEPARTMENT MAY CONSUL T WITH INTERESTED 5
102	102	STAKEHOLDERS IN ESTA BLISHING THE FINANCI AL INCENTIVES UNDER THIS 6
103	103	SUBSECTION. 7
104	104
105	105	(F) A HOLDER OF AN AQUACUL TURE LEASE WHO IS PARTICI PATING IN THE 8
106	106	PILOT PROGRAM MAY MEET ANY REQUIREMENTS FOR THE ACTIVE USE OF THE 9
107	107	LEASE BY SHELLFISH S EED PLANTING ONLY . 10
108	108
109	109	(G) (1) ON OR BEFORE OCTOBER 1, 2024, THE DEPARTMENT SHALL 11
110	110	ADOPT REGULATIONS TO CARRY OUT THIS SECTI ON. 12
111	111
112	112	(2) THE REGULATIONS ADOPTED UNDER PARAGRAPH (1) OF THIS 13
113	113	SUBSECTION SHALL INC LUDE PROVISIONS FOR THE VERIFICATION OF EXISTING 14
114	114	AND IMPROVED CONDITI ONS ON AQUACULTURE L EASES THAT ARE PART OF THE 15
115	115	PILOT PROGRAM. 16
116	116
117	117	SECTION 2. AND BE IT FURTHER ENACTED, That this Act sh all take effect 17
118	118	October 1, 2023. It shall remain effective for a period of 6 years and, at the end of September 18
119	119	30, 2029, this Act, with no further action required by the General Assembly, shall be 19
120	120	abrogated and of no further force and effect. 20