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Chapter 487
(House Bill 503)
AN ACT concerning
Natural Resources – Greenspace Equity Program – Establishment
FOR the purpose of establishing the Greenspace Equity Program in the Department of
Natural Resources to provide grants to eligible applicants for enhancing the public
health and livability of overburdened communities and underserved communities by
implementing projects to preserve, create, and enhance community greenspace;
requiring the Department to submit each grant award to the Board of Public Works
for approval before awarding a grant under the Program; requiring the Board of
Public Works to approve or deny a proposed grant award submitted by the
Department requiring the Department to submit certain grant applications to the
Maryland State Clearinghouse for Intergovernmental Assistance; establishing that
certain grant applications are subject to approval by the Board of Public Works;
establishing the Greenspace Equity Advisory Board in the Department to serve as a
consultant to the Department in the implementation and administration of the
Program; and generally relating to the Greenspace Equity Program.
BY repealing and reenacting, without amendments,
Article – Environment
Section 1–701(a)(1), (7), and (8)
Annotated Code of Maryland
(2013 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 5–903(a)(1) and (2)(i)
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY repealing
Article – Natural Resources
Section 5–903(a)(2)(vi)
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY adding to
Article – Natural Resources
Section 5–903(a)(2)(vi); and 5–9D–01 through 5–9D–04 5–9D–05 to be under the new
subtitle “Subtitle 9D. Greenspace Equity Program”
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
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BY repealing and reenacting, without amendments,
Article – Real Property
Section 14–501
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
1–701.
(a) (1) In this section the following words have the meanings indicated.
(7) “Overburdened community” means any census tract for which three or
more of the following environmental health indicators are above the 75th percentile
statewide:
(i) Particulate matter (PM) 2.5;
(ii) Ozone;
(iii) National Air Toxics Assessment (NATA) diesel PM;
(iv) NATA cancer risk;
(v) NATA respiratory hazard index;
(vi) Traffic proximity;
(vii) Lead paint indicator;
(viii) National Priorities List Superfund site proximity;
(ix) Risk Management Plan facility proximity;
(x) Hazardous waste proximity;
(xi) Wastewater discharge indicator;
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO);
(xiii) Percent of the population lacking broadband coverage;
(xiv) Asthma emergency room discharges; WES MOORE, Governor Ch. 487
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(xv) Myocardial infarction discharges;
(xvi) Low–birth–weight infants;
(xvii) Proximity to emitting power plants;
(xviii) Proximity to a Toxic Release Inventory (TRI) facility;
(xix) Proximity to a brownfields site;
(xx) Proximity to mining operations; and
(xxi) Proximity to a hazardous waste landfill.
(8) “Underserved community” means any census tract in which, according
to the most recent U.S. Census Bureau Survey:
(i) At least 25% of the residents qualify as low–income;
(ii) At least 50% of the residents identify as nonwhite; or
(iii) At least 15% of the residents have limited English proficiency.
Article – Natural Resources
5–903.
(a) (1) (i) Of the funds distributed to Program Open Space under § 13–209
of the Tax – Property Article, up to $3,000,000 may be transferred by an appropriation in
the State budget, or by an amendment to the State budget under Title 7, Subtitle 2 of the
State Finance and Procurement Article, to the Maryland Heritage Areas Authority
Financing Fund established under Title 13, Subtitle 11 of the Financial Institutions Article
to be used for the purposes provided in that subtitle.
(ii) Of the amount transferred under subparagraph (i) of this
paragraph, up to $300,000 may be distributed to the Maryland Historical Trust within the
Department of Planning to be awarded as noncapital historic preservation grants.
(2) (i) 1. Of the remaining funds not appropriated under paragraph
(1) of this subsection:
A. One half of the funds shall be used for recreation and open
space purposes by the Department and the Historic St. Mary’s City Commission; and
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B. 20% of the funds or $21,000,000, whichever is greater,
shall be appropriated to the Forest and Park Service in the Department to operate State
forests and parks.
2. Except as otherwise provided in this section, any funds the
General Assembly appropriates to the State under this subsection shall be used only for
land acquisition projects.
[(vi) For each of fiscal years 2010 through 2015, $1,217,000 of the
State’s share of funds available under subparagraph (i)1A of this paragraph may be
appropriated in the budgets of the Department, the Department of General Services, and
the Department of Planning for expenses necessary to administer this Program.]
(VI) A PORTION OF THE STATE’S SHARE OF FUNDS AVA ILABLE
UNDER SUBPARAGRAPH (I)1A OF THIS PARAGRAPH FOR T HIS PROGRAM SHALL BE
TRANSFERRED BY AN AP PROPRIATION IN THE STATE BUDGET TO THE GREENSPACE
EQUITY PROGRAM ESTABLISHED U NDER SUBTITLE 9D OF THIS TITLE AS FOL LOWS:
1. FOR FISCAL YEAR 2025, UP TO $5,000,000;
2. FOR FISCAL YEAR 2026, UP TO $7,000,000; AND
3. FOR FISCAL YEAR 2027 AND EACH FISCAL YEAR
THEREAFTER , UP TO $10,000,000.
SUBTITLE 9D. GREENSPACE EQUITY PROGRAM.
5–9D–01.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “BOARD” MEANS THE GREENSPACE EQUITY ADVISORY BOARD.
(C) (1) “COMMUNITY GREENSPACE ” MEANS A COMMUNITY SP ACE THAT
ENHANCES THE PUBLIC HEALTH AND LIVABILIT Y OF AN OVERBURDENED
COMMUNITY OR AN UNDE RSERVED COMMUNITY .
(2) “COMMUNITY GREENSPACE ” INCLUDES:
(I) A COMMUNITY GA RDEN;
(II) A COMMUNITY GATHERING OPEN SPACE AREA ;
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(III) A COMMUNITY WOODLAND ;
(IV) A GREEN NETWORK ;
(V) A PARK;
(VI) A TRAIL; AND
(VII) AN URBAN FARM .
(D) “ELIGIBLE APPLICANT ” MEANS:
(1) A LAND TRUST OR NONGOV ERNMENTAL ORGANIZATION LOCATED
OR WORKING IN AN OVE RBURDENED COMMUNITY OR AN UNDERSERVED
COMMUNITY WHERE A PR OJECT IS PROPOSED TO BE IMPLEMENTED ; OR
(2) A COUNTY OR MUNICIPALI TY.
(E) “GREEN NETWORK ” MEANS A SYSTEM OF GR EENSPACES THAT ARE
INTERCONNECTED BY LI NEAR CORRIDORS THAT FAC ILITATE THE MOVEMENT OF
PEOPLE AND WILDLIFE .
(F) “LAND ACQUISITION ” MEANS:
(1) THE FEE SIMPLE ACQUIS ITION OF REAL PROPER TY; OR
(2) THE ACQUISITION OF A PERPETUAL CONSERVATI ON EASEMENT .
(F) (G) “LAND TRUST” MEANS AN ORGANIZATION THAT :
(1) IS A QUALIFIED ORGANI ZATION UNDER § 170(H)(3) OF THE
INTERNAL REVENUE CODE AND ANY REGULATI ONS ADOPTED UNDER TH AT
SECTION;
(2) HAS EXECUTED A COOPER ATIVE AGREEMENT WITH THE
MARYLAND ENVIRONMENTAL TRUST; OR
(3) IS AN AFFORDABLE HOUS ING LAND TRUST AS DE FINED IN §
14–501 OF THE REAL PROPERTY ARTICLE.
(G) (H) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN §
1–701 OF THE ENVIRONMENT ARTICLE.
(H) (I) “PROGRAM” MEANS THE GREENSPACE EQUITY PROGRAM. Ch. 487 2023 LAWS OF MARYLAND
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(I) (J) (1) “STEWARDSHIP ” MEANS ACTIVITIES UND ERTAKEN TO
MAINTAIN THE CONSERVATION VALUES AND PUBLIC USE OF A PROPERTY ON A
PROJECT TO:
(I) DEVELOP A PROPERTY FO R PUBLIC USE; AND
(II) IMPROVE THE CONSERVAT ION VALUE OF THE PRO PERTY.
(2) “STEWARDSHIP ” DOES NOT INCLUDE THE OPERATING EXPENSES
OF A RECIPIENT OF A GRANT UNDER THE PROGRAM.
(J) (K) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN §
1–701 OF THE ENVIRONMENT ARTICLE.
5–9D–02.
(A) THERE IS A GREENSPACE EQUITY PROGRAM IN THE DEPARTMENT .
(B) THE PURPOSE OF THE PROGRAM IS TO ENHANCE THE PUBLIC HEALTH
AND LIVABILITY OF OV ERBURDENED COMMUNITI ES AND UNDERSERVED
COMMUNITIES BY IMPLE MENTING PROJECTS TO PRESERVE, CREATE, AND ENHANCE
COMMUNITY GREENSPACE .
(C) (1) THE PROGRAM IS ADMINISTER ED BY THE DEPARTMENT .
(2) IN ADMINISTERING THE PROGRAM, THE DEPARTMENT SHALL :
(I) DEVELOP A GRANT APPLI CATION FOR THE PROGRAM;
(II) PUBLICIZE THE PROGRAM;
(III) PROVIDE TECHNICAL ASS ISTANCE TO PROGRAM
APPLICANTS;
(IV) AWARD GRANTS TO ELIGIBLE APPLICANTS ; AND
(V) CONSULT WITH THE BOARD.
(3) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT
THIS SUBTITLE.
(D) A GRANT APPLICATION SU BMITTED TO THE DEPARTMENT FOR THE
PROGRAM SHALL INCLUDE EVIDENCE OF SUPPORT FROM THE LOCAL GOVER NMENT WES MOORE, Governor Ch. 487
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AND THE OVERBURDENED COMMUNITY OR UNDERSE RVED COMMUNITY IN WH ICH
THE PROJECT WILL BE LOCATED.
(E) (1) (I) BEGINNING IN FISCAL Y EAR 2025, THE DEPARTMENT
SHALL MAKE GRANTS TO ELIGIBLE APPLICANTS FOR COMMUNITY GREENSPACE
EQUITY PROJECTS LOCATED :
1. IN AN OVERBURDENED CO MMUNITY;
2. IN AN UNDERSERVED COM MUNITY; OR
3. ON A PROPERTY THAT:
A. IS OWNED OR MANAGED B Y FOR WHICH AN ELIGIBLE
APPLICANT HOLDS A CONSERVATION EASEMENT OR OWNS THE PROPERTY IN FEE
SIMPLE; AND
B. IS THAT IS LOCATED IN A CENSUS TR ACT THAT IS
ADJACENT TO AND SERVES AN OVERBURDENED COMM UNITY OR AN UNDERSER VED
COMMUNITY .
(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF
THIS SUBPARAGRAPH , AT LEAST 50% OF THE GRANTS AWARDE D EACH FISCAL YEAR
SHALL BE AWARDED TO PROJECTS THAT INCLUD E LAND ACQUISITION B Y LAND
TRUSTS OR LOCAL GOVERNMENTS , COUNTIES, OR MUNICIPALITIES .
2. IF THE TOTAL AMOUNT OF FUNDS REQUESTED FOR
LAND ACQUISITION BY PROGRAM APPLICANTS IS LESS THAN 50% OF THE GRANT
FUNDS AVAILABLE FOR A GIVEN FISCAL YEAR , THE REMAINING GRANT FUNDS MAY
BE AWARDED TO PROJEC TS THAT DO NOT INCLU DE LAND ACQUISITION .
(2) GRANTS FOR LAN D ACQUISITION UNDER THE PROGRAM MAY
ONLY BE AWARDED TO L AND TRUSTS, COUNTIES, AND MUNICIPALITIES .
(3) A GRANT RECEIVED UNDER THIS SUBSECTION MAY BE USED FOR:
(I) LAND ACQUISITION , APPRAISALS, ENVIRONMENTAL
ASSESSMENTS , SITE CLEARANCE OR DE VELOPMENT , AND OTHER DUE DILIGENCE
EXPENSES AND MATERIALS RELATED TO PLANNING AND IMPLEMENTING A
PROJECT, INCLUDING STEWARDSHIP OF THE S ITE;
(II) ADMINISTRATIVE AND PROGRAM COSTS IN AN AMOUNT
NOT MORE THAN 5% OF THE TOTAL PROJECT COST, OR $20,000, WHICHEVER IS LESS
ACCORDANCE WITH PARA GRAPH (4) OF THIS SUBSECTION ; OR Ch. 487 2023 LAWS OF MARYLAND
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(III) STEWARDSHIP OF A PROJECT PROJECTS THAT:
1. PREVIOUSLY RECEIVED A GRANT UNDER THE
PROGRAM; OR
2. WOULD QUALIFY FOR A G RANT UNDER THE PROGRAM
BUT EXISTED BEFORE JULY 1, 2025.
(3) (4) A PORTION OF THE GRANT MAY BE USED TO PAY F OR:
(I) IF THE PROJECT INVOLV ES LAND ACQUISITION OR ONLY
PROJECT STEWARDSHIP , ADMINISTRATIVE COSTS NOT TO EXCEED 3% OF THE
GRANT AMOUNT ; AND
(II) IF THE PROJECT INVOLV ES LAND ACQUISITION , PROGRAM
COMPLIANCE COSTS FOR MONITORING EASEMENTS IF APPLICABLE.
(5) IN AWARDING GRANTS UN DER THIS SUBSECTION , THE
DEPARTMENT SHALL CONS IDER:
(I) THE EXTENT TO WHICH T HE PROJECT ENGAGES A ND IS
SUPPORTED BY RESIDEN TS, ORGANIZATIONS , AND BUSINESSES LOCAT ED IN THE
OVERBURDENED COMMUNI TY OR UNDERSERVED CO MMUNITY:
1. IN WHICH THE PROJECT WILL BE LOCATED ; OR
2. THAT IS SERVED BY THE PROJECT;
(II) THE AMOUNT OF FINANCI AL OR IN–KIND CONTRIBUTIONS
FOR IMPLEMENTATION O F THE PROJECT, IF ANY; AND
(III) THE DEGREE TO WHICH T HE PROJECT:
1. DEMONSTRATES PARTNERS HIPS AND
COLLABORATION AMONG LOCAL GOVERNMENTS , LAND TRUSTS ,
NONGOVERNMENTAL OR GANIZATIONS, AND COMMUNITY ORGANI ZATIONS; AND
2. ENHANCES THE PUBLIC H EALTH, LIVABILITY, AND
GREENSPACE IN THE OV ERBURDENED COMMUNITY OR UNDERSERVED COMMU NITY:
A. IN WHICH THE PROJECT WILL BE LOCATED ; OR
B. THAT IS SERVED BY THE PROJECT; AND WES MOORE, Governor Ch. 487
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(IV) THE GEOGRAPHIC DIVERS ITY OF THE STATE.
5–9D–03.
(A) (1) THE DEPARTMENT SHALL SUBM IT EACH PROPOSED GRA NT
AWARD TO THE BOARD OF PUBLIC WORKS FOR APPROVAL BE FORE AWARDING A
GRANT UNDER THE PROGRAM.
(2) THE BOARD OF PUBLIC WORKS SHALL APPROVE OR DENY A
PROPOSED GRANT AWARD SUBMITTED BY THE DEPARTMENT UNDER THE
PROGRAM.
(B) (1) THE DEPARTMENT SHALL SUBM IT ALL GRANT APPLICA TIONS
UNDER THE PROGRAM TO THE FOLLOW ING ENTITIES FOR REV IEW AND COMMENT :
(I) THE DEPARTMENT OF AGRICULTURE ;
(II) THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT ;
(III) THE DEPARTMENT OF PLANNING;
(IV) THE MARYLAND DEPARTMENT OF HEALTH; AND
(V) UNLESS THE APPLICANT IS A LOCAL GOVERNMEN T, THE
COUNTY OR MUNICIPALI TY IN WHICH THE PROJ ECT WILL BE LOCATED .
(2) THE DEPARTMENT SHALL CONS ULT WITH STATE OR LOCAL
AGENCIES AND LOCAL G OVERNMENTS AS NECESS ARY IN THE EVALUATIO N OF
COMMENTS RECEIVED UN DER PARAGRAPH (1) OF THIS SUBSECTION .
(A) THE DEPARTMENT SHALL SUBM IT TO THE MARYLAND STATE
CLEARINGHOUSE FOR INTERGOVERNMENTAL ASSISTANCE FOR REVIEW AND
COMMENT ALL GRANT AP PLICATIONS THAT WILL BE RECOMMENDED TO TH E BOARD
OF PUBLIC WORKS FOR AN AWARD UN DER THE PROGRAM.
(B) EACH GRANT APPLICATIO N SUBMITTED TO THE MARYLAND STATE
CLEARINGHOUSE FOR INTERGOVERNMENTA L ASSISTANCE IS SUBJECT TO
APPROVAL BY THE BOARD OF PUBLIC WORKS.
5–9D–04.
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(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , LAND
ACQUIRED BY A GRANT AWARDED UNDER THE PROGRAM MAY NOT BE CO NVERTED
FROM OUTDOOR PUBLIC RECREATION OR OPEN S PACE TO ANY OTHER USE WITHOUT
THE PRIOR WRITTEN AP PROVAL OF:
(I) THE SECRETARY;
(II) THE SECRETARY OF BUDGET AND MANAGEMENT ; AND
(III) THE SECRETARY OF PLANNING.
(2) A CONVERSION OF LAND U NDER PARAGRAPH (1) OF THIS
SUBSECTION MAY BE AP PROVED ONLY AFTER THE GRANT RECIPIENT REPLACES THE
LAND BEING CONVERTED WITH LAND THAT HAS :
(I) AN AREA THAT IS AT LE AST EQUIVALENT IN SI ZE WITH THE
LAND BEING CONVERTED ;
(II) A RECREATION OR OPEN S PACE VALUE EQUIVALEN T WITH
THAT OF THE LAND BEI NG CONVERTED ; AND
(III) AN APPRAISED VALUE EQ UIVALENT TO OR GREAT ER THAN
THAT OF THE LAND BEI NG CONVERTED .
(B) LAND DEVELOPED OR IMP ROVED BY A GRANT AWA RDED UNDER THE
PROGRAM MUST BE OPERA TED AND MAINTAINED F OR PUBLIC USE BY THE GRANT
RECIPIENT FOR AT LEA ST 15 YEARS FROM THE PROJECT COMPL ETION DATE.
5–9D–05.
(A) THERE IS A GREENSPACE EQUITY ADVISORY BOARD IN THE
DEPARTMENT .
(B) THE PURPOSE OF THE BOARD IS TO SERVE AS A CONSULTANT TO THE
DEPARTMENT IN THE IMP LEMENTATION AND ADMI NISTRATION OF THE PROGRAM.
(C) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS :
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
PRESIDENT OF THE SENATE;
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
SPEAKER OF THE HOUSE; AND
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(3) THE FOLLOWING MEMBERS , APPOINTED BY THE GOVERNOR:
(I) ONE REPRESENTATIVE OF A COUNTY DEPARTMENT OF
PARKS AND RECREATION ;
(II) ONE REPRESENTATIVE OF A MUNICIPAL DEPARTME NT OF
PARKS AND RECREATION ;
(III) ONE REPRESENTATIVE OF THE MARYLAND
ENVIRONMENTAL TRUST;
(IV) ONE REPRESENTATIVE OF A LAND TRUST WORKING IN AN
OVERBURDENED COMMUNI TY OR AN UNDERSERVED COMMUNITY ; AND
(V) FIVE REPRESENTATIVES WHO:
1. ARE RESIDENTS OF AN O VERBURDENED COMMUNIT Y
OR AN UNDERSERVED CO MMUNITY; AND
2. REFLECT THE DIVERSITY OF THE STATE.
(D) THE BOARD MEMBERS SPECIFI ED IN SUBSECTION (C)(3) OF THIS
SECTION:
(1) SHALL SERVE A TERM OF 4 YEARS; AND
(2) MAY NOT SERVE MORE TH AN TWO 4–YEAR TERMS.
(E) THE GOVERNOR SHALL DESIGN ATE THE CHAIR OF THE BOARD.
(F) THE DEPARTMENT SHALL PROVIDE STAFF FOR THE BOARD.
(G) THE DEPARTMENT SHALL CONS ULT WITH THE BOARD IN THE
IMPLEMENTATION AND A DMINISTRATION OF THE PROGRAM, INCLUDING:
(1) DEVELOPING A GRANT AP PLICATION;
(2) ESTABLISHING OPPORTUN ITIES FOR MEMBERS OF THE BOARD
TO USE THEIR RESPECTIVE N ETWORKS AND PUBLICAT IONS TO PUBLICIZE AN D
EDUCATE THE PUBLIC A BOUT THE PROGRAM; AND
(3) THE REVIEW OF AND COM MENT ON GRANT APPLIC ATIONS AND
COMMENTS RECEIVED UN DER § 5–9D–03(B) § 5–9D–03 OF THIS SUBTITLE .
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Article – Real Property
14–501.
(a) In this subtitle the following words have the meanings indicated.
(b) “Affordable housing land trust” means an entity that:
(1) Provides affordable housing to low –income families and
moderate–income families through an affordable housing land trust agreement; and
(2) Is organized or managed by:
(i) A nonprofit organization exempt from taxation under § 501(c)(2),
(3), or (4) of the United States Internal Revenue Code; or
(ii) A unit or instrumentality of the State or a political subdivision
of the State.
(c) “Affordable housing land trust agreement” means an agreement between an
affordable housing land trust and a purchaser of real property owned by the affordable
housing land trust, or for which the affordable housing land trust has a proprietary or
reversionary interest, that:
(1) Grants the affordable housing land trust a preemptive right to purchase
or repurchase the property, including any improvements on the property;
(2) Contains language restricting the transfer, lease, sublease, assignment,
or occupancy of the property with regard to:
(i) Potential transferees, sublessees, assignees, or occupants; and
(ii) The price at which the property may be transferred; or
(3) Imposes other conditions on the use or transfer of the property that
would trigger a reversionary interest and that are designed to ensure that the property
remains available and affordable to low–income families and moderate–income families.
(d) “Family” means a household consisting of one or more individuals.
(e) “Low–income family” means a household with an income that does not exceed
80% of the area median income for a household of the same size.
(f) “Moderate–income family” means a household with an income that does not
exceed 140% of the area median income for a household of the same size.
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(g) “Nonprofit status” means the recognition by the Internal Revenue Service that
an affordable housing land trust is exempt from taxation under § 501(c)(2), (3), or (4) of the
Internal Revenue Code.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2023.
Approved by the Governor, May 8, 2023.