Maryland 2023 Regular Session

Maryland House Bill HB631 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 *hb0631*
96
107 HOUSE BILL 631
118 M1 3lr1856
129 CF SB 470
1310 By: Delegate Stein
1411 Introduced and read first time: February 3, 2023
1512 Assigned to: Environment and Transportation
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 11, 2023
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Natural Resources – Land Conservation – Establishment of Goals and Programs 2
2519 (Maryland the Beautiful Act) 3
2620
2721 FOR the purpose of establishing certain goals and programs related to land conservation; 4
2822 establishing the Local Land Trust Revolving Loan Program to provide loans to 5
2923 certain land trusts to purchase land for conservation purposes; establishing the Local 6
3024 Land Trust Revolving Loan Fund as a special, nonlapsing fund; requiring interest 7
31-earnings of the Fund to be credited to the Fund; requiring authorizing the Governor, 8
32-beginning in a certain fiscal year, to include in the annual budget bill a certain 9
33-appropriation to the Maryland Environmental Trust to be used to provide certain 10
34-grants through the Keep Maryland Beautiful Program; establishing the 40 x 40 Land 11
35-Conservation Implementation Grant Program to support implementation of land 12
36-conservation goals; authorizing certain excess revenue from the transfer tax 13
37-collected in a certain fiscal year to be allocated to the Local Land Trust Revolving 14
38-Loan Fund; and generally relating to land conservation in the State. 15
25+earnings of the Fund to be credited to the Fund; requiring the Governor, beginning 8
26+in a certain fiscal year, to include in the annual budget bill a certain appropriation 9
27+to the Maryland Environmental Trust to be used to provide certain grants through 10
28+the Keep Maryland Beautiful Program; establishing the 40 x 40 Land Conservation 11
29+Implementation Grant Program to support implementation of land conservation 12
30+goals; and generally relating to land conservation in the State. 13
3931
40-BY adding to 16
41- Article – Natural Resources 17
42-New part designation “Part I. General Provisions” to immediately precede Section 18
43-3–201; Section 3–214 through 3–216 to be under the new part “Part II. Local 19
44-Land Trust Revolving Loan Program”; and 5–104 20
45-Annotated Code of Maryland 21
46- (2018 Replacement Volume and 2022 Supplement) 22
32+BY adding to 14
33+ Article – Natural Resources 15
34+New part designation “Part I. General Provisions” to immediately precede Section 16
35+3–201; Section 3–214 through 3–216 to be under the new part “Part II. Local 17
36+Land Trust Revolving Loan Program”; and 5–104 18
37+Annotated Code of Maryland 19
38+ (2018 Replacement Volume and 2022 Supplement) 20
4739
48-BY repealing and reenacting, with amendments, 23 2 HOUSE BILL 631
40+BY repealing and reenacting, with amendments, 21
41+ Article – Natural Resources 22
42+Section 3–210 23
43+ Annotated Code of Maryland 24
44+ (2018 Replacement Volume and 2022 Supplement) 25
45+
46+BY repealing and reenacting, without amendments, 26
47+ Article – State Finance and Procurement 27
48+Section 6–226(a)(2)(i) 28 2 HOUSE BILL 631
4949
5050
51- Article – Natural Resources 1
52-Section 3–210 2
53- Annotated Code of Maryland 3
54- (2018 Replacement Volume and 2022 Supplement) 4
51+ Annotated Code of Maryland 1
52+ (2021 Replacement Volume and 2022 Supplement) 2
5553
56-BY repealing and reenacting, without amendments, 5
57- Article – State Finance and Procurement 6
58-Section 6–226(a)(2)(i) 7
59- Annotated Code of Maryland 8
60- (2021 Replacement Volume and 2022 Supplement) 9
54+BY repealing and reenacting, with amendments, 3
55+ Article – State Finance and Procurement 4
56+Section 6–226(a)(2)(ii)170. and 171. 5
57+ Annotated Code of Maryland 6
58+ (2021 Replacement Volume and 2022 Supplement) 7
6159
62-BY repealing and reenacting, with amendments, 10
63- Article – State Finance and Procurement 11
64-Section 6–226(a)(2)(ii)170. and 171. 12
65- Annotated Code of Maryland 13
66- (2021 Replacement Volume and 2022 Supplement) 14
60+BY adding to 8
61+ Article – State Finance and Procurement 9
62+Section 6–226(a)(2)(ii)172. 10
63+ Annotated Code of Maryland 11
64+ (2021 Replacement Volume and 2022 Supplement) 12
6765
68-BY adding to 15
69- Article – State Finance and Procurement 16
70-Section 6–226(a)(2)(ii)172. 17
71- Annotated Code of Maryland 18
72- (2021 Replacement Volume and 2022 Supplement) 19
66+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
67+That the new part designation “Part I. General Provisions” be added to immediately 14
68+precede Section 3–201 of Article – Natural Resources of the Annotated Code of Maryland. 15
7369
74-BY repealing and reenacting, with amendments, 20
75- Article – Tax – Property 21
76- Section 13–209(f)(1) 22
77- Annotated Code of Maryland 23
78- (2019 Replacement Volume and 2022 Supplement) 24
70+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16
71+as follows: 17
7972
80- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
81-That the new part designation “Part I. General Provisions” be added to immediately 26
82-precede Section 3–201 of Article – Natural Resources of the Annotated Code of Maryland. 27
73+Article – Natural Resources 18
8374
84- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 28
85-as follows: 29
75+3–210. 19
8676
87-Article – Natural Resources 30
77+ (A) (1) Any function or activity of the Governor’s Committee to Keep Maryland 20
78+Beautiful is transferred to the Trust. 21
8879
89-3–210. 31
80+ (2) These functions and activities include, by way of enumeration and not 22
81+limitation: 23
9082
91- (A) (1) Any function or activity of the Governor’s Committee to Keep Maryland 32
92-Beautiful is transferred to the Trust. 33
83+ [(1)] (I) Educating Maryland citizens and visitors in their individual 24
84+responsibility in litter prevention and care of the out–of–doors through a two–fold 25
85+approach: 26
9386
94- (2) These functions and activities include, by way of enumeration and not 34
95-limitation: 35
87+ [(i)] 1. Awareness–publicity through radio, TV, newspapers, and 27
88+other public media; and 28
89+
90+ [(ii)] 2. Action–cleanup and beautification projects carried out by 29
91+civic organizations, county committees, and community groups in cooperation with public 30
92+agencies; 31
93+
94+ [(2)] (II) Efficient use of public and private funds spent on cleaning up 32
95+highways, parks, beaches, and other public and private property; 33
9696 HOUSE BILL 631 3
9797
9898
99- [(1)] (I) Educating Maryland citizens and visitors in their individual 1
100-responsibility in litter prevention and care of the out–of–doors through a two–fold 2
101-approach: 3
99+ [(3)] (III) Increasing beauty through stimulation of private business, 1
100+community, and public planting projects; and 2
102101
103- [(i)] 1. Awareness–publicity through radio, TV, newspapers, and 4
104-other public media; and 5
102+ [(4)] (IV) Stimulating pride and appreciation for home, community, and 3
103+State. 4
105104
106- [(ii)] 2. Action–cleanup and beautification projects carried out by 6
107-civic organizations, county committees, and community groups in cooperation with public 7
108-agencies; 8
105+ (B) (1) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 5
106+GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 6
107+$235,000 TO THE TRUST, TO BE USED IN THE FO LLOWING AMOUNTS FOR THE 7
108+FOLLOWING PURPOSES : 8
109109
110- [(2)] (II) Efficient use of public and private funds spent on cleaning up 9
111-highways, parks, beaches, and other public and private property; 10
110+ (I) $50,000 PER YEAR TO PROVIDE LAND STEWARDSHIP 9
111+CAPACITY–BUILDING GRANTS OF U P TO $10,000 TO LAND TRUSTS TO SU PPORT 10
112+MONITORING AND STEWA RDSHIP SCHOLARSHIPS , LAND MONITORING AND 11
113+STEWARDSHIP EQUIPMEN T, OR ORGANIZATIONAL AC CREDITATION AND 12
114+CERTIFICATION TRAINI NGS; 13
112115
113- [(3)] (III) Increasing beauty through stimulation of private business, 11
114-community, and public planting projects; and 12
116+ (II) $50,000 PER YEAR TO PROVIDE LAND STEWARD SHIP 14
117+IMPROVEMENT GRANTS O F UP TO $10,000 TO LAND TRUSTS TO SU PPORT IMPROVED 15
118+MONITORING AND STEWA RDSHIP OF AGRICULTUR AL LANDS, FOREST LANDS , OR 16
119+LANDS FACING A HIGH DEGREE OF THREAT FRO M INVASIVE SPECIES O R THE 17
120+EFFECTS OF CLIMATE C HANGE; AND 18
115121
116- [(4)] (IV) Stimulating pride and appreciation for home, community, and 13
117-State. 14
122+ (III) $135,000 PER YEAR TO PROVIDE CITIZEN STEWARDSHIP 19
123+GRANTS OF UP TO $5,000 TO NONPROFIT ORGANIZ ATIONS, COMMUNITY 20
124+ORGANIZATIONS , SCHOOLS, AND MUNICIPAL CORPOR ATIONS TO ENGAGE 21
125+COMMUNITY MEMBERS , ESPECIALLY CHILDREN AND YOUNG ADULTS , IN 22
126+ENVIRONMEN TAL EDUCATION AND ST EWARDSHIP. 23
118127
119- (B) (1) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER, THE 15
120-GOVERNOR SHALL MAY INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION 16
121-OF $235,000 TO THE TRUST, TO BE USED IN THE FO LLOWING AMOUNTS FOR THE 17
122-FOLLOWING PURPOSES : 18
128+ (2) FUNDS PROVIDED TO THE TRUST UNDER PARAGRAPH (1) OF THIS 24
129+SUBSECTION ARE SUPPL EMENTAL TO AND ARE N OT INTENDED TO TAKE THE PLACE 25
130+OF FUNDING THAT WOUL D OTHERWISE BE APPRO PRIATED TO THE TRUST FOR 26
131+GRANTS ADMINISTERED UNDER THE KEEP MARYLAND BEAUTIFUL PROGRAM. 27
123132
124- (I) $50,000 PER YEAR TO PROVIDE LAND STEWARDSHIP 19
125-CAPACITY–BUILDING GRANTS OF U P TO $10,000 TO LAND TRUSTS TO SU PPORT 20
126-MONITORING AND STEWA RDSHIP SCHOLARSHIPS , LAND MONITORING AND 21
127-STEWARDSHIP EQUIPMEN T, OR ORGANIZATIONAL AC CREDITATION AND 22
128-CERTIFICATION TRAINI NGS; 23
133+3–212. RESERVED. 28
129134
130- (II) $50,000 PER YEAR TO PROVIDE LAND STEWARDSHIP 24
131-IMPROVEMENT GRANTS O F UP TO $10,000 TO LAND TRUSTS TO SU PPORT IMPROVED 25
132-MONITORING AND STEWA RDSHIP OF AGRICULTUR AL LANDS, FOREST LANDS , OR 26
133-LANDS FACING A HIGH DEGREE OF THREAT FRO M INVASIVE SPECIES O R THE 27
134-EFFECTS OF CLIMATE C HANGE; AND 28
135+3–213. RESERVED. 29
135136
136- (III) $135,000 PER YEAR TO PROVIDE CITIZEN STEWARDSHIP 29
137-GRANTS OF UP TO $5,000 TO NONPROFIT ORGANIZ ATIONS, COMMUNITY 30
138-ORGANIZATIONS , SCHOOLS, AND MUNICIPAL CORPOR ATIONS TO ENGAGE 31
139-COMMUNITY MEMBERS , ESPECIALLY CHILDREN AND YOUNG ADULTS , IN 32
140-ENVIRONMENTAL EDUCAT ION AND STEWARDSHIP . 33
137+PART II. LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 30
141138
142- (2) FUNDS PROVIDED TO THE TRUST UNDER PARAGRAPH (1) OF THIS 34
143-SUBSECTION ARE SUPPL EMENTAL TO AND ARE N OT INTENDED TO TAKE THE PLACE 35 4 HOUSE BILL 631
139+3–214. 31
144140
145-
146-OF FUNDING THAT WOUL D OTHERWISE BE APPRO PRIATED TO THE TRUST FOR 1
147-GRANTS ADMINISTERED UNDER THE KEEP MARYLAND BEAUTIFUL PROGRAM. 2
148-
149-3–212. RESERVED. 3
150-
151-3–213. RESERVED. 4
152-
153-PART II. LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 5
154-
155-3–214. 6
156-
157- (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 7
158-INDICATED. 8
159-
160- (B) “ADVISORY COMMITTEE” MEANS THE LAND PRESERVATION RAPID 9
161-RESPONSE ADVISORY COMMITTEE. 10
162-
163- (C) “BOARD OF TRUSTEES” MEANS THE BOARD OF TRUSTEES OF THE 11
164-MARYLAND ENVIRONMENTAL TRUST. 12
165-
166- (D) “EXECUTIVE COMMITTEE” MEANS THE EXECUTIVE COMMITTEE OF THE 13
167-MARYLAND ENVIRONMENTAL TRUST. 14
168-
169- (E) “FUND” MEANS THE LOCAL LAND TRUST REVOLVING LOAN FUND. 15
170-
171- (F) “PROGRAM” MEANS THE LOCAL LAND TRUST REVOLVING LOAN 16
172-PROGRAM. 17
173-
174-3–215. 18
175-
176- (A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 19
177-
178- (B) THE PURPOSE OF THE PROGRAM IS TO: 20
179-
180- (1) SUPPORT THE EFFORTS OF LOCAL LAN D TRUSTS THAT WORK 21
181-WITH STATE AND LOCAL GOVER NMENTAL ENTITIES AND THAT HAVE DIFFICULTY 22
182-ACCESSING MONEY FROM EXISTING PROGRAM OPEN SPACE PRESERVATION 23
183-PROGRAMS IN A TIMELY MANNER; AND 24
184-
185- (2) PROVIDE REVOLVING LOA NS TO LAND TRUSTS ON A ROLLING 25
186-BASIS TO ASSIST THE LAND TRUSTS TO PURCH ASE PROPERTY . 26
187-
188- (C) A LAND TRUST THAT RECE IVES A PROGRAM LOAN TO PURCH ASE 27
189-PROPERTY IN ACCORDAN CE WITH SUBSECTION (B) OF THIS SECTION SHAL L REPAY 28
190-THE FUND: 29 HOUSE BILL 631 5
141+ (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 32
142+INDICATED. 33 4 HOUSE BILL 631
191143
192144
193145
194- (1) AT A RATE TO BE DETER MINED BY THE MARYLAND 1
195-ENVIRONMENTAL TRUST, NOT TO EXCEED ONE PO INT BELOW THE PRIME INTEREST 2
196-RATE; AND 3
146+ (B) “ADVISORY COMMITTEE” MEANS THE LAND PRESERVATION RAPID 1
147+RESPONSE ADVISORY COMMITTEE. 2
197148
198- (2) AFTER THE PROPERTY IS : 4
149+ (C) “BOARD OF TRUSTEES” MEANS THE BOARD OF TRUSTEES OF THE 3
150+MARYLAND ENVIRONMENTAL TRUST. 4
199151
200- (I) PLACED UNDER EASEMENT ; OR 5
152+ (D) “EXECUTIVE COMMITTEE” MEANS THE EXECUTIVE COMMITTEE OF THE 5
153+MARYLAND ENVIRONMENTAL TRUST. 6
201154
202- (II) TRANSFERRED TO A STATE OR LOCAL GOVERN MENTAL 6
203-ENTITY. 7
155+ (E) “FUND” MEANS THE LOCAL LAND TRUST REVOLVING LOAN FUND. 7
204156
205- (D) THE PROGRAM IS ADMINISTER ED BY THE MARYLAND ENVIRONMENTAL 8
206-TRUST. 9
157+ (F) “PROGRAM” MEANS THE LOCAL LAND TRUST REVOLVING LOAN 8
158+PROGRAM. 9
207159
208- (E) (1) THERE IS A LAND PRESERVATION RAPID RESPONSE ADVISORY 10
209-COMMITTEE. 11
160+3–215. 10
210161
211- (2) THE PURPOSE OF THE ADVISORY COMMITTEE IS TO: 12
162+ (A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 11
212163
213- (I) REVIEW AND PRIORITIZE PROGRAM LOAN APPLICAT IONS 13
214-FOR FINAL APPROVAL B Y THE EXECUTIVE COMMITTEE; AND 14
164+ (B) THE PURPOSE OF THE PROGRAM IS TO: 12
215165
216- (II) MAKE RECOMMENDATIONS TO THE EXECUTIVE 15
217-COMMITTEE ON : 16
166+ (1) SUPPORT THE EFFORTS O F LOCAL LAND TRUSTS THAT WORK 13
167+WITH STATE AND LOCAL GOVER NMENTAL ENTITIES AND THAT HAVE DIFFICULTY 14
168+ACCESSING MONEY FROM EXISTING PROGRAM OPEN SPACE PRESERVATION 15
169+PROGRAMS IN A TIMELY MANNER; AND 16
218170
219- 1. WHICH PROJECTS TO FUN D, WHETHER IN WHOLE OR 17
220-IN PART; AND 18
171+ (2) PROVIDE REVOLVING LOA NS TO LAND TRUSTS ON A ROLLING 17
172+BASIS TO ASSIST THE LAND TRUSTS TO PURCHASE PROPERTY . 18
221173
222- 2. THE FUNDING TO BE ALL OCATED TO EACH PROJE CT. 19
174+ (C) A LAND TRUST THAT RECE IVES A PROGRAM LOAN TO PURCH ASE 19
175+PROPERTY IN ACCORDAN CE WITH SUBSECTION (B) OF THIS SECTION SHAL L REPAY 20
176+THE FUND: 21
223177
224- (3) THE ADVISORY COMMITTEE CONSISTS OF : 20
178+ (1) AT A RATE TO BE DETER MINED BY THE MARYLAND 22
179+ENVIRONMENTAL TRUST, NOT TO EXCEED ONE PO INT BELOW THE PRIME INTEREST 23
180+RATE; AND 24
225181
226- (I) A REPRESENTATIVE OF TH E DEPARTMENT, SELECTED BY 21
227-THE SECRETARY; AND 22
182+ (2) AFTER THE PROPERTY IS : 25
228183
229- (II) THE FOLLOWING MEMBERS , SELECTED BY THE BOARD OF 23
230-TRUSTEES: 24
184+ (I) PLACED UNDER EASEMENT ; OR 26
231185
232- 1. A REPRESENTATIVE OF TH E MARYLAND 25
233-ENVIRONMENTAL TRUST THAT IS NOT A M EMBER OF THE EXECUTIVE COMMITTEE; 26
234-
235- 2. A REPRESENTATIVE OF A NONPROFIT LAND 27
236-CONSERVATION ORGANIZ ATION IN THE STATE; 28
237- 6 HOUSE BILL 631
186+ (II) TRANSFERRED TO A STATE OR LOCAL GOVERN MENTAL 27
187+ENTITY. 28 HOUSE BILL 631 5
238188
239189
240- 3. A REPRESENTATIVE OF A LOCAL PARKS AND 1
241-RECREATION DEPARTMEN T IN THE STATE; AND 2
242190
243- 4. AN INDIVIDUAL WITH EX PERIENCE IN LOAN 3
244-UNDERWRITING . 4
191+ (D) THE PROGRAM IS ADMINISTER ED BY THE MARYLAND ENVIRONMENTAL 1
192+TRUST. 2
245193
246-3–216. 5
194+ (E) (1) THERE IS A LAND PRESERVATION RAPID RESPONSE ADVISORY 3
195+COMMITTEE. 4
247196
248- (A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN FUND. 6
197+ (2) THE PURPOSE OF THE ADVISORY COMMITTEE IS TO: 5
249198
250- (B) THE PURPOSE OF THE FUND IS TO FINANCE TH E PROGRAM. 7
199+ (I) REVIEW AND PRIORITIZE PROGRAM LOAN APPLICAT IONS 6
200+FOR FINAL APPROVAL B Y THE EXECUTIVE COMMITTEE; AND 7
251201
252- (C) THE MARYLAND ENVIRONMENTAL TRUST SHALL ADMINISTE R THE 8
253-FUND. 9
202+ (II) MAKE RECOMMENDATIONS TO THE EXECUTIVE 8
203+COMMITTEE ON : 9
254204
255- (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 10
256-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 11
205+ 1. WHICH PROJECTS TO FUN D, WHETHER IN WHOLE OR 10
206+IN PART; AND 11
257207
258- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 12
259-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 13
208+ 2. THE FUNDING TO BE ALL OCATED TO EACH PROJE CT. 12
260209
261- (E) THE FUND CONSISTS OF : 14
210+ (3) THE ADVISORY COMMITTEE CONSISTS OF : 13
262211
263- (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 15
212+ (I) A REPRESENTATIVE OF TH E DEPARTMENT , SELECTED BY 14
213+THE SECRETARY; AND 15
264214
265- (2) INTEREST EARNINGS ; AND 16
215+ (II) THE FOLLOWING MEMBERS , SELECTED BY THE BOARD OF 16
216+TRUSTEES: 17
266217
267- (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 17
268-THE BENEFIT OF THE FUND. 18
218+ 1. A REPRESENTATIVE OF TH E MARYLAND 18
219+ENVIRONMENTAL TRUST THAT IS NOT A M EMBER OF THE EXECUTIVE COMMITTEE; 19
269220
270- (F) IN FISCAL YEAR 2025, THE THE GOVERNOR SHALL MAY INCLUDE IN THE 19
271-ANNUAL BUDGET BILL A N APPROPRIATION OF $10,000,000 TO THE FUND. 20
221+ 2. A REPRESENTATIVE OF A NONPROFIT LAND 20
222+CONSERVATION ORGANIZ ATION IN THE STATE; 21
272223
273- (G) THE FUND MAY BE USED ONLY TO PROVIDE FUNDING FOR THE 21
274-PROGRAM. 22
224+ 3. A REPRESENTATIVE OF A LOCAL PARKS AND 22
225+RECREATION DEPARTMEN T IN THE STATE; AND 23
275226
276- (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 23
277-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 24
227+ 4. AN INDIVIDUAL WITH EX PERIENCE IN LOAN 24
228+UNDERWRITING . 25
278229
279- (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 25
280-THE FUND. 26
230+3–216. 26
281231
282- (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCO RDANCE 27
283-WITH THE STATE BUDGET . 28
232+ (A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN FUND. 27 6 HOUSE BILL 631
233+
234+
235+
236+ (B) THE PURPOSE OF THE FUND IS TO FINANCE TH E PROGRAM. 1
237+
238+ (C) THE MARYLAND ENVIRONMENTAL TRUST SHALL ADMINISTE R THE 2
239+FUND. 3
240+
241+ (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 4
242+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 5
243+
244+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 6
245+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 7
246+
247+ (E) THE FUND CONSISTS OF : 8
248+
249+ (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 9
250+
251+ (2) INTEREST EARNINGS ; AND 10
252+
253+ (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 11
254+THE BENEFIT OF THE FUND. 12
255+
256+ (F) IN FISCAL YEAR 2025, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL 13
257+BUDGET BILL AN APPRO PRIATION OF $10,000,000 TO THE FUND. 14
258+
259+ (G) THE FUND MAY BE USED ONLY TO PROVIDE FUNDING F OR THE 15
260+PROGRAM. 16
261+
262+ (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 17
263+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 18
264+
265+ (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 19
266+THE FUND. 20
267+
268+ (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 21
269+WITH THE STATE BUDGET . 22
270+
271+ (J) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 23
272+SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 24
273+OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM. 25
274+
275+5–104. 26
284276 HOUSE BILL 631 7
285277
286278
287- (J) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 1
288-SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 2
289-OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM. 3
279+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE ME ANINGS 1
280+INDICATED. 2
290281
291-5–104. 4
282+ (2) “CONSERVE” MEANS TO PERMANENTLY PROTECT LAND FROM 3
283+DEVELOPMENT THROUGH PURCHASE, DONATION, A PERPETUAL CONSERVA TION OR 4
284+AN OPEN SPACE EASEME NT, OR FEE OWNERSHIP IN ORDER TO PRESERVE TH E 5
285+CULTURAL, HISTORICAL, ECOLOGICAL, OR AGRICULTURAL VALU E OF THE LAND. 6
292286
293- (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 5
294-INDICATED. 6
287+ (3) “PROGRAM” MEANS THE 40 X 40 LAND CONSERVATION 7
288+IMPLEMENTATION GRANT PROGRAM ESTABLISHED U NDER SUBSECTION (C) OF 8
289+THIS SECTION. 9
295290
296- (2) “CONSERVE” MEANS TO PERMANENTLY PROTECT LAND FROM 7
297-DEVELOPMENT THROUGH PURCHASE, DONATION, A PERPETUAL CONSERVA TION OR 8
298-AN OPEN SPACE EASEME NT, OR FEE OWNERSHIP IN ORDER TO PRESERVE TH E 9
299-CULTURAL, HISTORICAL, ECOLOGICAL, OR AGRICULTURAL VALU E OF THE LAND. 10
291+ (4) “SMART GROWTH SUBCABINET” MEANS THE SMART GROWTH 10
292+SUBCABINET ESTABLISHE D UNDER § 9–1406 OF THE STATE GOVERNMENT 11
293+ARTICLE. 12
300294
301- (3) “PROGRAM” MEANS THE 40 X 40 LAND CONSERVATION 11
302-IMPLEMENTATION GRANT PROGRAM ESTABLISHED U NDER SUBSECTION (C) OF 12
303-THIS SECTION. 13
295+ (5) “TRUST” MEANS THE MARYLAND ENVIRONMENTAL TRUST. 13
304296
305- (4) “SMART GROWTH SUBCABINET” MEANS THE SMART GROWTH 14
306-SUBCABINET EST ABLISHED UNDER § 9–1406 OF THE STATE GOVERNMENT 15
307-ARTICLE. 16
297+ (B) (1) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT : 14
308298
309- (5) “TRUST” MEANS THE MARYLAND ENVIRONMENTAL TRUST. 17
299+ (I) BY 2030, 30% OF LANDS IN THE STATE BE CONSERVED ; AND 15
310300
311- (B) (1) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT : 18
301+ (II) BY 2040, 40% OF LANDS IN THE STATE BE CONSERVED . 16
312302
313- (I) BY 2030, 30% OF LANDS IN THE STATE BE CONSERVED ; AND 19
303+ (2) THE CONSERVATION GOAL S ESTABLISHED UNDER PARAGRAPH 17
304+(1) OF THIS SUBSECTION S HALL BE ACCOMPLISHED THROUGH MULTIPLE EFF ORTS, 18
305+INCLUDING: 19
314306
315- (II) BY 2040, 40% OF LANDS IN THE STATE BE CONSERVED . 20
307+ (I) WORKING WITH LOCAL CO MMUNITIES, COUNTIES, 20
308+MUNICIPALITIES , AMERICAN INDIAN COMMUNITIES , AND PRIVATE LANDOWNE RS TO 21
309+CONSERVE NATURAL PLA CES AND RESOURCES ; 22
316310
317- (2) THE CONSERVATION GOAL S ESTABLISHED UNDER PARAGRAPH 21
318-(1) OF THIS SUBSECTION S HALL BE ACCOMPLISHED THROUGH MULTIPLE EFF ORTS, 22
319-INCLUDING: 23
311+ (II) IMPROVING ACCESS TO N ATURE FOR ALL INDIVI DUALS IN 23
312+THE STATE, INCLUDING COMMUNITIE S OF COLOR AND ECONO MICALLY 24
313+DISADVANTAGED COMMUN ITIES; 25
320314
321- (I) WORKING WITH LOCAL CO MMUNITIES, COUNTIES, 24
322-MUNICIPALITIES , AMERICAN INDIAN COMMUNITIES , AND PRIVATE LANDOWNE RS TO 25
323-CONSERVE NATURAL PLA CES AND RESOURCES ; 26
315+ (III) SEQUESTERING CARBON A ND GREENHOUSE GAS EMISS IONS 26
316+IN THE LANDS AND WAT ERS OF THE STATE; 27
324317
325- (II) IMPROVING ACCESS TO N ATURE FOR ALL INDIVI DUALS IN 27
326-THE STATE, INCLUDING COMMUNITIE S OF COLOR AND ECONO MICALLY 28
327-DISADVANTAGED COMMUN ITIES; 29
328-
329- (III) SEQUESTERING CARBON AND GREENHOUSE GAS E MISSIONS 30
330-IN THE LANDS AND WAT ERS OF THE STATE; 31 8 HOUSE BILL 631
318+ (IV) INCREASING PUBLIC INC ENTIVES FOR PRIVATE 28
319+LANDOWNERS TO VOLUNT ARILY CONSERVE AND P ROTECT AREAS OF 29
320+DEMONSTRATED CONSERV ATION VALUE AND AREA S THAT HAVE A HIGH C APACITY 30
321+TO SEQUESTER CARBON AND GREENHOUSE GAS E MISSIONS; 31 8 HOUSE BILL 631
331322
332323
333324
334- (IV) INCREASING PUBLIC INC ENTIVES FOR PRIVATE 1
335-LANDOWNERS TO VOLUNT ARILY CONSERVE AND P ROTECT AREAS OF 2
336-DEMONSTRATED CONSERV ATION VALUE AND AREA S THAT HAVE A HIGH C APACITY 3
337-TO SEQUESTER CARBON AND GREENHOUS E GAS EMISSIONS; 4
325+ (V) FOCUSING CONSERVATION WORK AT A LARGE LAND SCAPE 1
326+SCALE THAT IS BIOLOG ICALLY AND ECOLOGICA LLY MEANINGFUL ; 2
338327
339- (V) FOCUSING CONSERVATION WORK AT A LARGE LAND SCAPE 5
340-SCALE THAT IS BIOLOG ICALLY AND ECOLOGICA LLY MEANINGFUL ; 6
328+ (VI) PREVENTING THE EXTINC TION OF NATIVE PLANT AND 3
329+ANIMAL SPECIES BY RE COVERING AND RESTORI NG THE SPECIES; 4
341330
342- (VI) PREVENTING THE EXTINC TION OF NATIVE PLANT AND 7
343-ANIMAL SPECIES BY RE COVERING AND RESTORI NG THE SPECIES; 8
331+ (VII) STABILIZING ECOSYSTEM S AND ECOSYSTEM SERV ICES, 5
332+RESTORING DEGRADED E COSYSTEMS, AND MAINTAINING ECOL OGICAL FUNCTIONS ; 6
333+AND 7
344334
345- (VII) STABILIZING ECOSYSTEM S AND ECOSYSTEM SERV ICES, 9
346-RESTORING DEGRADED E COSYSTEMS, AND MAINTAINING ECOL OGICAL FUNCTIONS ; 10
347-AND 11
335+ (VIII) INCREASING ECONOMIC O PPORTUNITIES FOR FAR MERS, 8
336+RANCHERS, FISHERS, AND FORESTERS . 9
348337
349- (VIII) INCREASING ECONOMIC O PPORTUNITIES FOR FAR MERS, 12
350-RANCHERS, FISHERS, AND FORESTERS . 13
338+ (C) (1) THE TRUST SHALL ADMINISTE R A 40 X 40 LAND CONSERVATION 10
339+IMPLEMENTATION GRANT PROGRAM TO SUPPORT IM PLEMENTATION OF THE 11
340+GOALS ESTABLISHED UN DER SUBSECTION (B) OF THIS SECTION. 12
351341
352- (C) (1) THE TRUST SHALL ADM INISTER A 40 X 40 LAND CONSERVATION 14
353-IMPLEMENTATION GRANT PROGRAM TO SUPPORT IM PLEMENTATION OF THE 15
354-GOALS ESTABLISHED UN DER SUBSECTION (B) OF THIS SECTION. 16
342+ (2) PROGRAM GRANTS SHALL : 13
355343
356- (2) PROGRAM GRANTS SHALL : 17
344+ (I) BE AWARDED EACH YEAR ON A COMPETITIVE BAS IS TO A 14
345+STATEWIDE NONPROFIT ORGANIZATION THAT FO CUSES ON SUPPORTING THE 15
346+PERMANENT CONSERVATI ON OF THE LANDS OF T HE STATE; AND 16
357347
358- (I) BE AWARDED EACH YEAR ON A COMPETITIVE BAS IS TO A 18
359-STATEWIDE NONPRO FIT ORGANIZATION THA T FOCUSES ON SUPPORT ING THE 19
360-PERMANENT CONSERVATI ON OF THE LANDS OF T HE STATE; AND 20
348+ (II) PROVIDE AT LEAST : 17
361349
362- (II) PROVIDE AT LEAST : 21
350+ 1. $150,000 TO THE GRANT RECIPIE NT FOR THE 18
351+PURPOSE OF PROVIDING TOOLS AND RESOURCES , ORGANIZATIONAL SUPPO RT, AND 19
352+CAPACITY BUI LDING TO LOCAL LAND TRUSTS; AND 20
363353
364- 1. $150,000 TO THE GRANT RECIPIE NT FOR THE 22
365-PURPOSE OF PROVIDING TOOLS AND RESOURCES , ORGANIZATIONAL SUPPO RT, AND 23
366-CAPACITY BUILDING TO LOCAL LA ND TRUSTS; AND 24
354+ 2. $100,000 TO THE GRANT RECIPIE NT FOR THE 21
355+PURPOSE OF PROVIDING STATEWIDE EDUCATIONA L CONFERENCES AND TR AININGS 22
356+FOR LOCAL LAND TRUST S ON THE TOPICS OF E ASEMENT ACQUISITION , 23
357+CONSERVATION PROGRAM S AND TOOLS, LAND MANAGEME NT AND STEWARDSHIP , 24
358+AND OTHER RELEVANT S UBJECTS. 25
367359
368- 2. $100,000 TO THE GRANT RECIPIE NT FOR THE 25
369-PURPOSE OF PROVIDING STATEWIDE EDUCATIONA L CONFERENCES AND TR AININGS 26
370-FOR LOCAL LAND TRUST S ON THE TOPICS OF E ASEMENT ACQUISITION , 27
371-CONSERVATION PROGRAM S AND TOOLS, LAND MANA GEMENT AND STEWARDSH IP, 28
372-AND OTHER RELEVANT S UBJECTS. 29
373-
374- (3) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 30
375-GOVERNOR SHALL MAY INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION 31 HOUSE BILL 631 9
360+ (3) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 26
361+GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 27
362+$250,000 TO THE TRUST FOR THE PURPOSE OF PROVIDING THE GRA NTS REQUIRED 28
363+UNDER THIS SUBSECTION . 29
364+ HOUSE BILL 631 9
376365
377366
378-OF $250,000 TO THE TRUST FOR THE PURPOSE OF PROVIDING THE GRA NTS 1
379-REQUIRED UNDER THIS SUBSECTION. 2
367+ (D) (1) IN ORDER TO MEET THE CONSERVATION GOALS E STABLISHED 1
368+UNDER SUBSECTION (B) OF THIS SECTION , THE SMART GROWTH SUBCABINET, IN 2
369+COORDINATION WITH RE LEVANT STAKEHOLDERS , SHALL: 3
380370
381- (D) (1) IN ORDER TO MEET THE CONSERVATION GOALS E STABLISHED 3
382-UNDER SUBSECTION (B) OF THIS SECTION , THE SMART GROWTH SUBCABINET, IN 4
383-COORDINATION WITH RE LEVANT STAKEHOLDERS , SHALL: 5
371+ (I) COORDINATE THE ACTION S OF STATE AGENCIES , LOCAL 4
372+GOVERNMENTS , AND NONGOVERNMENTAL PARTNERS; 5
384373
385- (I) COORDINATE THE ACTION S OF STATE AGENCIES , LOCAL 6
386-GOVERNMENTS , AND NONGOVERNMENTAL PARTNERS; 7
374+ (II) ON OR BEFORE JULY 1, 2024, DEVELOP AND PUBLISH A 6
375+PLAN TO MEET THE STATE’S CONSERVATION GOALS AND UPDATE THE PLAN AS 7
376+NEEDED, BUT NOT LESS THAN EV ERY 5 YEARS THEREAFTER ; AND 8
387377
388- (II) ON OR BEFORE JULY 1, 2024, DEVELOP AND PUBLISH A 8
389-PLAN TO MEET THE STATE’S CONSERVATION GOALS A ND UPDATE THE PLAN A S 9
390-NEEDED, BUT NOT LESS THAN EV ERY 5 YEARS THEREAFTER ; AND 10
378+ (III) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 9
379+1 THEREAFTER , REPORT TO THE SENATE EDUCATION, ENERGY, AND THE 10
380+ENVIRONMENT COMMITTEE AND THE HOUSE ENVIRONMENT AND 11
381+TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 12
382+GOVERNMENT ARTICLE, ON THE STATE’S PROGRES S TOWARD MEETING THE 13
383+CONSERVATION GOALS . 14
391384
392- (III) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 11
393-1 THEREAFTER , REPORT TO THE SENATE EDUCATION, ENERGY, AND THE 12
394-ENVIRONMENT COMMITTEE AND THE HOUSE ENVIRONMENT AND 13
395-TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 14
396-GOVERNMENT ARTICLE, ON THE STATE’S PROGRESS TOWARD ME ETING THE 15
397-CONSERVATION GOALS . 16
385+ (2) THE SMART GROWTH SUBCABINET SHALL MAKE THE ANNUAL 15
386+REPORT REQUIRED UNDE R PARAGRAPH (1)(III) OF THIS SUBSECTION A VAILABLE ON 16
387+ITS WEBSITE. 17
398388
399- (2) THE SMART GROWTH SUBCABINET SHALL MAKE THE ANNUAL 17
400-REPORT REQUIRED UNDE R PARAGRAPH (1)(III) OF THIS SUBSECTION A VAILABLE ON 18
401-ITS WEBSITE. 19
389+Article – State Finance and Procurement 18
402390
403-Article – State Finance and Procurement 20
391+6–226. 19
404392
405-6–226. 21
393+ (a) (2) (i) Notwithstanding any other provision of law, and unless 20
394+inconsistent with a federal law, grant agreement, or other federal requirement or with the 21
395+terms of a gift or settlement agreement, net interest on all State money allocated by the 22
396+State Treasurer under this section to special funds or accounts, and otherwise entitled to 23
397+receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 24
398+Fund of the State. 25
406399
407- (a) (2) (i) Notwithstanding any other provision of law, and unless 22
408-inconsistent with a federal law, grant agreement, or other federal requirement or with the 23
409-terms of a gift or settlement agreement, net interest on all State money allocated by the 24
410-State Treasurer under this section to special funds or accounts, and otherwise entitled to 25
411-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 26
412-Fund of the State. 27
400+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 26
401+to the following funds: 27
413402
414- (ii) The provisions of subparagraph (i) of this paragraph do not apply 28
415-to the following funds: 29
403+ 170. the Cannabis Public Health Fund; [and] 28
416404
417- 170. the Cannabis Public Health Fund; [and] 30
405+ 171. the Community Reinvestment and Repair Fund; AND 29
418406
419- 171. the Community Reinvestment and Repair Fund; AND 31
407+ 172. THE LOCAL LAND TRUST REVOLVING LOAN FUND. 30
420408
421- 172. THE LOCAL LAND TRUST REVOLVING LOAN FUND. 32
422- 10 HOUSE BILL 631
423-
424-
425- SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
426-as follows: 2
427-
428-Article – Tax – Property 3
429-
430-13–209. 4
431-
432- (f) (1) (i) Except as provided in subparagraphs (ii) and (iii) of this 5
433-paragraph, for any fiscal year in which the actual transfer tax revenue collections are 6
434-greater than the revenue estimates used as the basis for the appropriations required under 7
435-this section for the fiscal year, the amount of the excess shall be allocated to the special 8
436-fund under subsection (a) of this section as provided under subsections (c) and (d) of this 9
437-section for the second fiscal year following the fiscal year in which there is an excess. 10
438-
439- (ii) 1. Notwithstanding subparagraph (i) of this paragraph or 11
440-any other provision of law, $21,776,868 of the transfer tax collected but not appropriated 12
441-or transferred in fiscal 2004 shall be transferred to the General Fund of the State. 13
442-
443- 2. NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 14
444-PARAGRAPH OR ANY OTH ER PROVISION OF LAW , IF IN FISCAL YEAR 2023 THE 15
445-ACTUAL TRANSFER TAX REVENUE COLLECTIONS ARE GREATER THAN THE REVENUE 16
446-ESTIMATES USED AS TH E BASIS FOR THE APPR OPRIATIONS REQUIRED UNDER THIS 17
447-SECTION FOR FISCAL Y EAR 2025, THE AMOUNT OF THE EX CESS MAY BE ALLOCATE D 18
448-TO THE LOCAL LAND TRUST REVOLVING LOAN FUND. 19
449-
450- (iii) Notwithstanding subparagraph (i) of this paragraph or any other 20
451-provision of law, in any fiscal year in which an appropriation or transfer is made from the 21
452-special fund to the General Fund, if the actual transfer tax revenue collections for the prior 22
453-fiscal year exceed the budget estimate for the prior fiscal year, the excess shall be allocated 23
454-in the current fiscal year for Program Open Space, the Agricultural Land Preservation 24
455-Fund, the Rural Legacy Program, and the Heritage Conservation Fund. Funds made 25
456-available under this subparagraph shall be allocated as provided under subsection (d) of 26
457-this section. 27
458-
459- SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
460-October 1, 2023. Section 3 of this Act shall remain effective for a period of 3 years and, at 29
461-the end of September 30, 2026, Section 3 of this Act, with no further action required by the 30
462-General Assembly, shall be abrogated and of no further force and effect. 31
463-
409+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
410+October 1, 2023. 32