EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0503*
HOUSE BILL 503
M1 3lr1860
By: Delegates Stein, Lehman, Addison, Allen, Boyce, Bridges, Edelson, Healey,
Ruth, Smith, and Stewart
Introduced and read first time: January 30, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Greenspace Equity Program – Establishment 2
FOR the purpose of establishing the Greenspace Equity Program in the Department of 3
Natural Resources to provide grants to eligible applicants for enhancing the public 4
health and livability of overburdened communities and underserved communities by 5
implementing projects to preserve, create, and enhance community greenspace; 6
requiring the Department to submit each grant award to the Board of Public Works 7
for approval before awarding a grant under the Program; requiring the Board of 8
Public Works to approve or deny a proposed grant award submitted by the 9
Department; establishing the Greenspace Equity Advisory Board in the Department 10
to serve as a consultant to the Department in the implementation and 11
administration of the Program; and generally relating to the Greenspace Equity 12
Program. 13
BY repealing and reenacting, without amendments, 14
Article – Environment 15
Section 1–701(a)(1), (7), and (8) 16
Annotated Code of Maryland 17
(2013 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Natural Resources 20
Section 5–903(a)(1) and (2)(i) 21
Annotated Code of Maryland 22
(2018 Replacement Volume and 2022 Supplement) 23
BY repealing 24
Article – Natural Resources 25
Section 5–903(a)(2)(vi) 26
Annotated Code of Maryland 27 2 HOUSE BILL 503
(2018 Replacement Volume and 2022 Supplement) 1
BY adding to 2
Article – Natural Resources 3
Section 5–903(a)(2)(vi); and 5–9D–01 through 5–9D–04 to be under the new subtitle 4
“Subtitle 9D. Greenspace Equity Program” 5
Annotated Code of Maryland 6
(2018 Replacement Volume and 2022 Supplement) 7
BY repealing and reenacting, without amendments, 8
Article – Real Property 9
Section 14–501 10
Annotated Code of Maryland 11
(2015 Replacement Volume and 2022 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Environment 15
1–701. 16
(a) (1) In this section the following words have the meanings indicated. 17
(7) “Overburdened community” means any census tract for which three or 18
more of the following environmental health indicators are above the 75th percentile 19
statewide: 20
(i) Particulate matter (PM) 2.5; 21
(ii) Ozone; 22
(iii) National Air Toxics Assessment (NATA) diesel PM; 23
(iv) NATA cancer risk; 24
(v) NATA respiratory hazard index; 25
(vi) Traffic proximity; 26
(vii) Lead paint indicator; 27
(viii) National Priorities List Superfund site proximity; 28
(ix) Risk Management Plan facility proximity; 29
(x) Hazardous waste proximity; 30 HOUSE BILL 503 3
(xi) Wastewater discharge indicator; 1
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 2
(xiii) Percent of the population lacking broadband coverage; 3
(xiv) Asthma emergency room discharges; 4
(xv) Myocardial infarction discharges; 5
(xvi) Low–birth–weight infants; 6
(xvii) Proximity to emitting power plants; 7
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 8
(xix) Proximity to a brownfields site; 9
(xx) Proximity to mining operations; and 10
(xxi) Proximity to a hazardous waste landfill. 11
(8) “Underserved community” means any census tract in which, according 12
to the most recent U.S. Census Bureau Survey: 13
(i) At least 25% of the residents qualify as low–income; 14
(ii) At least 50% of the residents identify as nonwhite; or 15
(iii) At least 15% of the residents have limited English proficiency. 16
Article – Natural Resources 17
5–903. 18
(a) (1) (i) Of the funds distributed to Program Open Space under § 13–209 19
of the Tax – Property Article, up to $3,000,000 may be transferred by an appropriation in 20
the State budget, or by an amendment to the State budget under Title 7, Subtitle 2 of the 21
State Finance and Procurement Article, to the Maryland Heritage Areas Authority 22
Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article 23
to be used for the purposes provided in that subtitle. 24
(ii) Of the amount transferred under subparagraph (i) of this 25
paragraph, up to $300,000 may be distributed to the Maryland Historical Trust within the 26
Department of Planning to be awarded as noncapital historic preservation grants. 27
4 HOUSE BILL 503
(2) (i) 1. Of the remaining funds not appropriated under paragraph 1
(1) of this subsection: 2
A. One half of the funds shall be used for recreation and open 3
space purposes by the Department and the Historic St. Mary’s City Commission; and 4
B. 20% of the funds or $21,000,000, whichever is greater, 5
shall be appropriated to the Forest and Park Service in the Department to operate State 6
forests and parks. 7
2. Except as otherwise provided in this section, any funds the 8
General Assembly appropriates to the State under this subsection shall be used only for 9
land acquisition projects. 10
[(vi) For each of fiscal years 2010 through 2015, $1,217,000 of the 11
State’s share of funds available under subparagraph (i)1A of this paragraph may be 12
appropriated in the budgets of the Department, the Department of General Services, and 13
the Department of Planning for expenses necessary to administer this Program.] 14
(VI) A PORTION OF THE STATE’S SHARE OF FUNDS AVA ILABLE 15
UNDER SUBPARAGRAPH (I)1A OF THIS PARAGRAPH FO R THIS PROGRAM SHALL BE 16
TRANSFERRED BY AN AP PROPRIATION IN THE STATE BUDGET TO THE GREENSPACE 17
EQUITY PROGRAM ESTABLISHED U NDER SUBTITLE 9D OF THIS TITLE AS FOL LOWS: 18
1. FOR FISCAL YEAR 2025, $5,000,000; 19
2. FOR FISCAL YEAR 2026, $7,000,000; AND 20
3. FOR FISCAL YEAR 2027 AND EACH FISCAL YEAR 21
THEREAFTER , $10,000,000. 22
SUBTITLE 9D. GREENSPACE EQUITY PROGRAM. 23
5–9D–01. 24
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANI NGS 25
INDICATED. 26
(B) “BOARD” MEANS THE GREENSPACE EQUITY ADVISORY BOARD. 27
(C) (1) “COMMUNITY GREENSPACE ” MEANS A COMMUNITY SP ACE THAT 28
ENHANCES THE PUBLIC HEALTH AND LIVABILIT Y OF A N OVERBURDENED 29
COMMUNITY OR AN UNDERSERVED CO MMUNITY. 30
(2) “COMMUNITY GREENSPACE ” INCLUDES: 31 HOUSE BILL 503 5
(I) A COMMUNITY GARDEN ; 1
(II) A COMMUNITY GATHERING OPEN SPACE AREA ; 2
(III) A COMMUNITY WOODLAND ; 3
(IV) A GREEN NETWORK ; 4
(V) A PARK; 5
(VI) A TRAIL; AND 6
(VII) AN URBAN FARM . 7
(D) “ELIGIBLE APPLICANT” MEANS: 8
(1) A LAND TRUST OR NONGOV ERNMENTAL ORGANIZATI ON LOCATED 9
OR WORKING IN AN OVERBURDENED COMMUNI TY OR AN UNDERSERVED 10
COMMUNITY WHERE A PROJECT IS P ROPOSED TO BE IMPLEM ENTED; OR 11
(2) A COUNTY OR MUNICIPALI TY. 12
(E) “GREEN NETWORK ” MEANS A SYSTEM OF GREENSPA CES THAT ARE 13
INTERCONNECTED BY LI NEAR CORRIDORS THAT FACILITATE THE MOVEM ENT OF 14
PEOPLE AND WILDLIFE . 15
(F) “LAND TRUST” MEANS AN ORGANIZATIO N THAT: 16
(1) IS A QUALIFIED ORGANI ZATION UNDER § 170(H)(3) OF THE 17
INTERNAL REVENUE CODE AND A NY REGULATIONS ADOPT ED UNDER THAT 18
SECTION; 19
(2) HAS EXECUTED A COOPER ATIVE AGREEMENT WITH THE 20
MARYLAND ENVIRONMENTAL TRUST; OR 21
(3) IS AN AFFORDABLE HOUS ING LAND TRUST AS DE FINED IN § 22
14–501 OF THE REAL PROPERTY ARTICLE. 23
(G) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 24
OF THE ENVIRONMENT ARTICLE. 25
(H) “PROGRAM” MEANS THE GREENSPACE EQUITY PROGRAM. 26 6 HOUSE BILL 503
(I) “STEWARDSHIP ” MEANS ACTIVITIES UND ERTAKEN TO MAINTAIN THE 1
CONSERVATION VALUES AND PUBLIC USE OF A PROPERTY. 2
(J) “UNDERSERVED COMMUNITY ” HAS THE MEANING STATED IN § 1–701 OF 3
THE ENVIRONMENT ARTICLE. 4
5–9D–02. 5
(A) THERE IS A GREENSPACE EQUITY PROGRAM IN THE DEPARTMENT . 6
(B) THE PURPOSE OF THE PROGRAM IS TO ENHANCE THE PUBLIC HEALTH 7
AND LIVABILITY OF OVERBURDEN ED COMMUNITIES AND UNDERSERVED 8
COMMUNITIES BY IMPLEMENTING PROJ ECTS TO PRESERVE , CREATE, AND ENHANCE 9
COMMUNITY GREENSPACE . 10
(C) (1) THE PROGRAM IS ADMINISTER ED BY THE DEPARTMENT . 11
(2) IN ADMINISTERING THE PROGRAM, THE DEPARTMENT SHALL : 12
(I) DEVELOP A GRANT APPLICATION FOR THE PROGRAM; 13
(II) PUBLICIZE THE PROGRAM; 14
(III) PROVIDE TECHNICAL ASS ISTANCE TO PROGRAM 15
APPLICANTS; 16
(IV) AWARD GRANTS TO ELIGIBLE APPLICANTS; AND 17
(V) CONSULT WITH THE BOARD. 18
(D) A GRANT APPLICATION SUBMITTE D TO THE DEPARTMENT FOR THE 19
PROGRAM SHALL INCLUDE EVIDENCE OF SUPPORT FROM THE LOCAL GOVER NMENT 20
AND THE OVERBURDENED COMMUNI TY OR UNDERSERVED COMMUNIT Y IN WHICH 21
THE PROJECT WILL BE LOCATED. 22
(E) (1) (I) BEGINNING IN FISCAL Y EAR 2025, THE DEPARTMENT 23
SHALL MAKE GRANTS TO ELIGIBLE APPLICANTS FOR GREENSPACE EQUIT Y 24
PROJECTS LOCATED: 25
1. IN AN OVERBURDENED COMMUNIT Y; 26
2. IN AN UNDERSERVED COMMUNIT Y; OR 27 HOUSE BILL 503 7
3. ON A PROPERTY THAT: 1
A. IS OWNED OR MANAGED B Y AN ELIGIBLE APPLIC ANT; 2
AND 3
B. IS ADJACENT TO AND SERVES AN OVERBURDENED 4
COMMUNITY OR AN UNDE RSERVED COMMUNITY . 5
(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 6
THIS SUBPARAGRAPH , AT LEAST 50% OF THE GRANTS AWARDE D EACH FISCAL YEAR 7
SHALL BE AWARDED TO PROJECTS THAT INCLUDE LAND ACQUISI TION BY LAND 8
TRUSTS OR LOCAL GOVE RNMENTS. 9
2. IF THE TOTAL AMOUNT O F FUNDS REQUESTED FO R 10
LAND ACQUISITION BY PROGRAM APPLICANTS IS LESS THAN 50% OF THE GRANT 11
FUNDS AVAILABLE FOR A GIVEN FISCAL YEAR , THE REMAINING GRANT FUNDS MAY 12
BE AWARDED TO PROJECTS THAT DO NOT INCLUDE LAND ACQUISITION . 13
(2) A GRANT RECEIVED UNDER THIS SUBSECTION MAY BE USED FOR: 14
(I) LAND ACQUISITION , APPRAISALS, ENVIRONMENTAL 15
ASSESSMENTS , SITE CLEARANCE OR DEVELOPMENT , AND OTHER EXPENSES A ND 16
MATERIALS RELATE D TO PLANNING AND IM PLEMENTING A PROJECT , INCLUDING 17
STEWARDSHIP OF THE SITE; 18
(II) ADMINISTRATIVE COSTS IN AN AMOUNT NOT MOR E THAN 19
5% OF THE TOTAL PROJECT COST, OR $20,000, WHICHEVER IS LESS; OR 20
(III) STEWARDSHIP OF A PROJ ECT THAT: 21
1. PREVIOUSLY RECEIVED A GRANT UNDER THE 22
PROGRAM; OR 23
2. WOULD QUALIFY FOR A GRANT UNDER THE PROGRAM 24
BUT EXISTED BEFORE JULY 1, 2025. 25
(3) IN AWARDING GRANTS UN DER THIS SUBSECTION , THE 26
DEPARTMENT SHALL CONS IDER: 27
(I) THE EXTENT TO WHICH T HE PROJECT ENGAGES AND IS 28
SUPPORTED BY RESIDEN TS, ORGANIZATIONS , AND BUSINESSES LOCAT ED IN THE 29
OVERBURDENED COMMUNI TY OR UNDERSERVED COMMUNITY : 30 8 HOUSE BILL 503
1. IN WHICH THE PROJECT WILL BE LOCATED ; OR 1
2. THAT IS SERVED BY THE PROJECT; 2
(II) THE AMOUNT OF FINANCI AL OR IN–KIND CONTRIBUTIONS 3
FOR IMPLEMENTATION O F THE PROJECT, IF ANY; AND 4
(III) THE DEGREE TO WHICH T HE PROJECT: 5
1. DEMONSTRATES PARTNERS HIPS AND 6
COLLABORATION AMONG LOCAL GOVERNMENTS , LAND TRUSTS , 7
NONGOVERNMENTAL ORGA NIZATIONS, AND COMMUNITY ORGANI ZATIONS; AND 8
2. ENHANCES THE PUBLIC HEALTH , LIVABILITY, AND 9
GREENSPACE IN THE OVERBURDENED COMMUNI TY OR UNDERSERVED COMMUNITY : 10
A. IN WHICH THE PROJECT WILL BE LOCATED ; OR 11
B. THAT IS SERVED BY THE PROJECT. 12
5–9D–03. 13
(A) (1) THE DEPARTMENT SHALL SUBM IT EACH PROPOSED GRA NT 14
AWARD TO THE BOARD OF PUBLIC WORKS FOR APPROVAL BE FORE AWARDING A 15
GRANT UNDER THE PROGRAM. 16
(2) THE BOARD OF PUBLIC WORKS SHALL APPROVE O R DENY A 17
PROPOSED GRANT AWARD SUBMITTED BY THE DEPARTMENT UNDER THE 18
PROGRAM. 19
(B) (1) THE DEPARTMENT SHALL SUBM IT ALL GRANT APPLICA TIONS 20
UNDER THE PROGRAM TO THE FOLLOWING ENT ITIES FOR REVIEW AND COMMENT: 21
(I) THE DEPARTMENT OF AGRICULTURE ; 22
(II) THE DEPARTMENT OF HOUSING AND COMMUNITY 23
DEVELOPMENT ; 24
(III) THE DEPARTMENT OF PLANNING; 25
(IV) THE MARYLAND DEPARTMENT OF HEALTH; AND 26
HOUSE BILL 503 9
(V) UNLESS THE APPLICANT IS A LOCAL GOVERNMEN T, THE 1
COUNTY OR MUNICIPALI TY IN WHICH THE PROJ ECT WILL BE LOCATED . 2
(2) THE DEPARTMENT SHALL CONSULT WITH STATE OR LOCAL 3
AGENCIES AND LOCAL G OVERNMENTS AS NECESS ARY IN THE EVALUATIO N OF 4
COMMENTS RECEIVED UN DER PARAGRAPH (1) OF THIS SUBSECTION . 5
5–9D–04. 6
(A) THERE IS A GREENSPACE EQUITY ADVISORY BOARD IN THE 7
DEPARTMENT . 8
(B) THE PURPOSE OF THE BOARD IS TO SERVE AS A CONSUL TANT TO THE 9
DEPARTMENT IN THE IMP LEMENTATION AND ADMI NISTRATION OF THE PROGRAM. 10
(C) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS : 11
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 12
PRESIDENT OF THE SENATE; 13
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 14
SPEAKER OF THE HOUSE; AND 15
(3) THE FOLLOWING MEMBERS , APPOINTED BY THE GOVERNOR: 16
(I) ONE REPRESENTATIVE OF A COUNTY DEPARTMENT OF 17
PARKS AND RECREATION ; 18
(II) ONE REPRESENTATIVE OF A MUNICIPAL DEPARTMENT OF 19
PARKS AND REC REATION; 20
(III) ONE REPRESENTATIVE OF THE MARYLAND 21
ENVIRONMENTAL TRUST; 22
(IV) ONE REPRESENTATIVE OF A LAND TRUST WORKING IN AN 23
OVERBURDENED COMMUNI TY OR AN UNDERSERVED COMMUNITY ; AND 24
(V) FIVE REPRESENTATIVES WHO: 25
1. ARE RESIDENTS OF AN O VERBURDENED COMMUNITY 26
OR AN UNDERSERVED CO MMUNITY; AND 27
2. REFLECT THE DIVERSITY OF THE STATE. 28 10 HOUSE BILL 503
(D) THE BOARD MEMBERS SPECIFI ED IN SUBSECTION (C)(3) OF THIS 1
SECTION: 2
(1) SHALL SERVE A TERM OF 4 YEARS; AND 3
(2) MAY NOT SERVE MORE THAN TWO 4–YEAR TERMS. 4
(E) THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE BOARD. 5
(F) THE DEPARTMENT SHALL PROVIDE STAFF FOR THE BOARD. 6
(G) THE DEPARTMENT SHALL CONS ULT WITH THE BOARD IN THE 7
IMPLEMENTATION AND A DMINISTRATION OF THE PROGRAM, INCLUDING: 8
(1) DEVELOPING A GRANT APPLICATION ; 9
(2) ESTABLISHING O PPORTUNITIES FOR MEMBERS OF THE BOARD 10
TO USE THEIR RESPECTIVE NETWORKS AND PUBLICA TIONS TO PUBLICIZE A ND 11
EDUCATE THE PUBLIC A BOUT THE PROGRAM; AND 12
(3) THE REVIEW OF AND COMM ENT ON GRANT APPLICATION S AND 13
COMMENTS RECEIVED UN DER § 5–9D–03(B) OF THIS SUBTITLE. 14
Article – Real Property 15
14–501. 16
(a) In this subtitle the following words have the meanings indicated. 17
(b) “Affordable housing land trust” means an entity that: 18
(1) Provides affordable housing to low –income families and 19
moderate–income families through an affordable housing land trust agreement; and 20
(2) Is organized or managed by: 21
(i) A nonprofit organization exempt from taxation under § 501(c)(2), 22
(3), or (4) of the United States Internal Revenue Code; or 23
(ii) A unit or instrumentality of the State or a political subdivision 24
of the State. 25
(c) “Affordable housing land trust agreement” means an agreement between an 26
affordable housing land trust and a purchaser of real property owned by the affordable 27 HOUSE BILL 503 11
housing land trust, or for which the affordable housing land trust has a proprietary or 1
reversionary interest, that: 2
(1) Grants the affordable housing land trust a preemptive right to purchase 3
or repurchase the property, including any improvements on the property; 4
(2) Contains language restricting the transfer, lease, sublease, assignment, 5
or occupancy of the property with regard to: 6
(i) Potential transferees, sublessees, assignees, or occupants; and 7
(ii) The price at which the property may be transferred; or 8
(3) Imposes other conditions on the use or transfer of the property that 9
would trigger a reversionary interest and that are designed to ensure that the property 10
remains available and affordable to low–income families and moderate–income families. 11
(d) “Family” means a household consisting of one or more individuals. 12
(e) “Low–income family” means a household with an income that does not exceed 13
80% of the area median income for a household of the same size. 14
(f) “Moderate–income family” means a household with an income that does not 15
exceed 140% of the area median income for a household of the same size. 16
(g) “Nonprofit status” means the recognition by the Internal Revenue Service that 17
an affordable housing land trust is exempt from taxation under § 501(c)(2), (3), or (4) of the 18
Internal Revenue Code. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 20
1, 2023. 21