Maryland 2023 Regular Session

Maryland House Bill HB530 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	hb0530
6	6
7	7	HOUSE BILL 530
8	8	M1 3lr1267
9	9
10	10	By: Delegate Kerr
11	11	Introduced and read first time: February 1, 2023
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Natural Resources – Forest Mitigation Banks and the Forest Conservation Fund 2
19	19	– Alterations 3
20	20
21	21	FOR the purpose of altering the definition of “qualified conservation” for purposes of 4
22	22	provisions of law related to forest mitigation banks; extending the deadline for the 5
23	23	Department of Natural Resources to accomplish the reforestation or afforestation for 6
24	24	which certain money is deposited to the Forest Conservation Fund; altering the 7
25	25	development projects for which afforestation or reforestation credits granted may not 8
26	26	exceed a certain percentage of forest conserved; establishing that money in the Fund 9
27	27	that is encumbered within a certain time period may not revert to certain persons 10
28	28	for certain use; and generally relating to forest conservation. 11
29	29
30	30	BY renumbering 12
31	31	Article – Natural Resources 13
32	32	Section 5–1601(hh) through (qq) 14
33	33	to be Section 5–1601(ii) through (rr), respectively 15
34	34	Annotated Code of Maryland 16
35	35	(2018 Replacement Volume and 2022 Supplement) 17
36	36
37	37	BY repealing and reenacting, without amendments, 18
38	38	Article – Natural Resources 19
39	39	Section 5–1601(a) and 5–1610(b) 20
40	40	Annotated Code of Maryland 21
41	41	(2018 Replacement Volume and 2022 Supplement) 22
42	42
43	43	BY repealing and reenacting, with amendments, 23
44	44	Article – Natural Resources 24
45	45	Section 5–1601(gg), 5–1607(b), and 5–1610(e) 25
46	46	Annotated Code of Maryland 26
47	47	(2018 Replacement Volume and 2022 Supplement) 27
48	48	2 HOUSE BILL 530
49	49
50	50
51	51	BY adding to 1
52	52	Article – Natural Resources 2
53	53	Section 5–1601(hh) 3
54	54	Annotated Code of Maryland 4
55	55	(2018 Replacement Volume and 2022 Supplement) 5
56	56
57	57	BY repealing and reenacting, with amendments, 6
58	58	Chapter 645 of the Acts of the General Assembly of 2021 7
59	59	Section 11 8
60	60
61	61	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
62	62	That Section(s) 5–1601(hh) through (qq) of Article – Natural Resources of the Annotated 10
63	63	Code of Maryland be renumbered to be Section(s) 5–1601(ii) through (rr), respectively. 11
64	64
65	65	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12
66	66	as follows: 13
67	67
68	68	Article – Natural Resources 14
69	69
70	70	5–1601. 15
71	71
72	72	(a) In this subtitle the following words have the meanings indicated. 16
73	73
74	74	(gg) “Qualified conservation” means the conservation of all or a part of an existing 17
75	75	forest that: 18
76	76
77	77	(1) [Was] HAS BEEN approved [on or before December 31, 2020,] by the 19
78	78	appropriate State or local forest conservation program for the purpose of establishing a 20
79	79	forest mitigation bank; and 21
80	80
81	81	(2) Is encumbered in perpetuity by a restrictive easement, covenant, or 22
82	82	another similar mechanism recorded in the county land records to conserve its character 23
83	83	as a forest. 24
84	84
85	85	(HH) “QUALIFIED PROJECT ” MEANS A PROJECT THAT USES QUALIFIED 25
86	86	CONSERVATION FOR WHI CH AN APPLICATION WA S SUBMITTED OR APPRO VED ON OR 26
87	87	BEFORE DECEMBER 31, 2020. 27
88	88
89	89	5–1607. 28
90	90
91	91	(b) Standards for meeting afforestation or reforestation requirements shall be 29
92	92	established by the State or local program using one or more of the following methods: 30
93	93
94	94	(1) Forest creation in accordance with a forest conservation plan using one 31
95	95	or more of the following: 32
96	96
97	97	(i) Transplanted or nursery stock; 33 HOUSE BILL 530 3
98	98
99	99
100	100
101	101	(ii) Whip and seedling stock; or 1
102	102
103	103	(iii) Natural regeneration where it can be shown to adequately meet 2
104	104	the objective of the forest conservation plan. 3
105	105
106	106	(2) [The] FOR A QUALIFIED PROJE CT, THE use of qualified conservation 4
107	107	completed in a forest mitigation bank, in which case, the afforestation or reforestation 5
108	108	credit granted may not exceed 50% of the forest area encumbered in perpetuity. 6
109	109
110	110	(3) The use of street trees in a municipal corporation with a tree 7
111	111	management plan, in an existing population center designated in a county master plan that 8
112	112	has been adopted to conform with the Economic Growth, Resource Protection, and Planning 9
113	113	Act of 1992, or in any other designated area approved by the Department as part of a local 10
114	114	program, under criteria established by the local program, subject to the approval of the 11
115	115	Department, using: 12
116	116
117	117	(i) Street trees as a permissible step in the priority sequence for 13
118	118	afforestation or reforestation and, based on a mature canopy coverage, may grant full credit 14
119	119	as a mitigation technique; and 15
120	120
121	121	(ii) Acquisition as a mitigation technique of an off–site protective 16
122	122	easement for existing forested areas not currently protected in perpetuity, in which case 17
123	123	the afforestation or reforestation credit granted may not exceed 50% of the area of forest 18
124	124	cover protected. 19
125	125
126	126	(4) When all other options, both on–site and off–site, have been exhausted, 20
127	127	landscaping as a mitigation technique, conducted under an approved landscaping plan that 21
128	128	establishes a forest at least 35 feet wide and covering at least 2,500 square feet of area. 22
129	129
130	130	5–1610. 23
131	131
132	132	(b) There is a Forest Conservation Fund in the Department. 24
133	133
134	134	(e) (1) The Department shall accomplish the reforestation or afforestation for 25
135	135	which the money is deposited within [2] 5 years or [3] 6 growing seasons, as appropriate, 26
136	136	after receipt of the money. 27
137	137
138	138	(2) Money deposited in the Fund under subsection (c) of this section shall 28
139	139	remain in the Fund for a period of [2] 5 years or [3] 6 growing seasons, and at the end of 29
140	140	that time period, any portion that has not been used OR ENCUMBERED to meet the 30
141	141	afforestation or reforestation requirements shall be returned to the person who provided 31
142	142	the money to be used for documented tree planting in the same county or watershed beyond 32
143	143	that required by this subtitle or other applicable statutes. 33
144	144
145	145	Chapter 645 of the Acts of 2021 34
146	146	4 HOUSE BILL 530
147	147
148	148
149	149	SECTION 11. AND BE IT FURTHER ENACTED, That, except as provided in 1
150	150	Section 10 of this Act, this Act shall take effect June 1, 2021. Sections 1[, 2,] and 7 of this 2
151	151	Act shall remain effective for a period of 3 years and 1 month and, at the end of June 30, 3
152	152	2024, Sections 1[, 2,] and 7 of this Act, with no further action required by the General 4
153	153	Assembly, shall be abrogated and of no further force and effect. Subject to Section 10 of this 5
154	154	Act, Sections 3, 4, and 5 of this Act shall remain effective for a period of 10 years and 1 6
155	155	month and, at the end of June 30, 2031, Sections 3, 4, and 5 of this Act, with no further 7
156	156	action required by the General Assembly, shall be abrogated and of no further force and 8
157	157	effect. Section 6 of this Act shall remain effective for a period of 2 years and 1 month and, 9
158	158	at the end of June 30, 2023, Section 6 of this Act, with no further action required by the 10
159	159	General Assembly, shall be abrogated and of no further force and effect. 11
160	160
161	161	SECTION 3. AND BE IT FURTHER ENACTED, That this Act s hall take effect July 12
162	162	1, 2023. 13
163	163