EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0950*
HOUSE BILL 950
M4 3lr2651
CF SB 836
By: Delegate Stein
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Maryland Native Plants Program 2
FOR the purpose of establishing the Maryland Native Plants Program to encourage and 3
promote the use and sale of plants native to Maryland at certain businesses and to 4
educate the public on native plants; requiring the University of Maryland Extension 5
to administer the Program in coordination with the Department of Agriculture; 6
requiring the University of Maryland Extension to hire an extension agent to serve 7
as a native plant specialist for certain purposes; requiring the Department of 8
Agriculture to create a certain voluntary certification program and marketing 9
program in a certain manner; requiring the University of Maryland Extension to 10
create a certain website on native plants and requiring the Department of Natural 11
Resources to include a link to the website on the Department of Natural Resources’ 12
native plants website; and generally relating to plants native to Maryland. 13
BY adding to 14
Article – Agriculture 15
Section 10–401 through 10–407 to be under the new subtitle “Subtitle 4. Maryland 16
Native Plants Program” 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Agriculture 22
SUBTITLE 4. MARYLAND NATIVE PLANTS PROGRAM. 23
10–401. 24
2 HOUSE BILL 950
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “COMMERCIAL MARYLAND NATIVE PLANT LIST” MEANS A LIST OF 3
PLANTS THAT ARE NATI VE TO MARYLAND THAT ARE COMMERCIALL Y AVAILABLE 4
AND APPROPRIATE FOR GROWING IN RESIDENTI AL OR COMMERCIAL LAN DSCAPES. 5
(C) (1) “NATIVE PLANT” MEANS A PLANT THAT O CCURS NATURALLY IN 6
THE STATE AND SURROUNDING REGION , ECOSYSTEM, AND HABITAT , WITHOUT 7
DIRECT OR INDIRECT H UMAN ACTIONS . 8
(2) “NATIVE PLANT” INCLUDES A PLANT THAT: 9
(I) WAS PRESENT BEFORE COLONIAL SETTLEMENT ; OR 10
(II) IS LISTED AS NATIVE TO MARYLAND ON THE MARYLAND 11
PLANT ATLAS WEBSITE. 12
(3) “NATIVE PLANT” DOES NOT INCLUDE A PLANT THAT IS A NAMED 13
OR UNNAMED CULTIVAR OR HYBRID. 14
(D) “NATIVE PLANT SPECIALIST” MEANS THE UNIVERSITY OF MARYLAND 15
EXTENSION AGENT HIRED UNDER § 10–403 OF THIS SUBTITLE. 16
(E) “PROGRAM” MEANS THE MARYLAND NATIVE PLANTS PROGRAM. 17
10–402. 18
(A) THERE IS A MARYLAND NATIVE PLANTS PROGRAM. 19
(B) THE PURPOSE OF THE PROGRAM IS TO: 20
(1) ENCOURAGE AND PROMOTE THE USE AND SALE OF NATIVE 21
PLANTS BY RETAIL GARDEN CENTERS , RETAIL NURSERIES , AND WHOLESALE 22
NURSERIES; AND 23
(2) EDUCATE THE PUBLIC , LANDSCAPERS , AND OTHER PLANT USER S 24
ON THE IMPORTANCE , BENEFIT, AND AVAILABILITY OF NATIVE PLANTS. 25
(C) THE UNIVERSITY OF MARYLAND EXTENSION SHALL ADMIN ISTER THE 26
PROGRAM IN COORDINATION WITH THE DEPARTMENT . 27
10–403. 28 HOUSE BILL 950 3
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL HIRE AN 1
EXTENSION AGENT TO S ERVE AS A NATIVE PLANT SPECIALIST. 2
(2) THE INDIVIDUAL HIRED TO SERVE AS THE NATIVE PLANT 3
SPECIALIST MUST HAVE EXPERTISE IN NATIVE PLANTS. 4
(B) THE NATIVE PLANT SPECIALIST SHALL : 5
(1) ASSIST THE UNIVERSITY OF MARYLAND EXTENSION IN 6
FULFILLING ANY RESPONSIBILITIES RELATED TO THE PROGRAM; 7
(2) COORDINATE WITH THE DEPARTMENT IN THE ADMINISTRATION 8
OF THE PROGRAM; 9
(3) ESTABLISH AND MAINTAI N THE COMMERCIAL MARYLAND 10
NATIVE PLANT LIST DEVELOPED UNDER § 10–404 OF THIS SUBTITLE; 11
(4) PROVIDE GUIDANCE TO T HE DEPARTMENT ON THE 12
DEVELOPMENT OF A LIST OF CERTIFIED MARYLAND NATIVE PLANT GROWERS AND 13
RETAILERS DEVELOPED UNDER § 10–405 OF THIS SUBTITLE; 14
(5) TEACH GROWERS ABOUT T ECHNIQUES FOR GROWIN G NATIVE 15
PLANTS; AND 16
(6) COORDINATE EDUCATION AND OUTREACH TO TEACH TH E PUBLIC, 17
LANDSCAPERS , AND OTHER PLANT USER S ABOUT THE IMPORTANCE , BENEFIT, AND 18
AVAILABILITY OF NATIVE PLANTS. 19
10–404. 20
(A) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH 21
THE DEPARTMENT , THE DEPARTMENT OF NATURAL RESOURCES, AND THE 22
MARYLAND NATIVE PLANT SOCIETY, SHALL DEVELOP A COMMERC IAL MARYLAND 23
NATIVE PLANT LIST. 24
(B) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH 25
THE DEPARTMENT , THE DEPARTMENT OF NATURAL RESOURCES, AND THE 26
MARYLAND NATIVE PLANT SOCIETY, SHALL REVIEW AND UPD ATE THE 27
COMMERCIAL MARYLAND NATIVE PLANT LIST AT LEAST ONCE EVERY 3 YEARS. 28
(C) THE COMMERCIAL MARYLAND NATIVE PLANT LIST SHALL BE POSTED 29
ONLINE IN ACCORDANCE WITH § 10–407 OF THIS SUBTITLE. 30 4 HOUSE BILL 950
10–405. 1
(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE UNIVERSITY OF 2
MARYLAND EXTENSION, SHALL CREATE A VOLUNTARY CERTIFICAT ION PROGRAM 3
FOR GROWERS AND RETA ILERS TO BE IDENTIFI ED AS A MARYLAND NATIVE PLANT 4
GROWER OR A MARYLAND NATIVE PLANT RETAILER, OR BOTH. 5
(2) THIS CERTIFICATION SH ALL ONLY BE AVAILABL E TO GROWERS 6
AND RETAILERS THAT A RE SELLING NATIVE PL ANTS LISTED ON THE COMMERCIAL 7
MARYLAND NATIVE PLANT LIST. 8
(B) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL DEVELOP 9
AND MAINTAIN A LIST OF CERTIFIED MARYLAND NATIVE PLANT GROWERS AND 10
CERTIFIED MARYLAND NATIVE PLANT RETAILERS. 11
(2) THE LISTS DEVELOPED UNDER TH IS SUBSECTION SHALL BE 12
POSTED ONLINE IN ACC ORDANCE WITH § 10–407 OF THIS SUBTITLE. 13
10–406. 14
(A) THE DEPARTMENT , IN COORDINATION WITH THE UNIVERSITY OF 15
MARYLAND EXTENSION, SHALL CREATE A “MARYLAND NATIVES” MARKETING 16
PROGRAM TO ENCOURAGE AND PROMOT E THE USE AND SALE O F NATIVE PLANTS 17
THAT ARE LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST. 18
(B) THE “MARYLAND NATIVES” MARKETING PROGRAM SHALL DEVELOP: 19
(1) A “MARYLAND NATIVES” LOGO TO IDENTIFY PLANTS THAT ARE 20
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND 21
(2) A QR CODE THAT LINKS TO T HE WEBPAGES AND WEBS ITES 22
SPECIFIED IN § 10–407 OF THIS SUBTITLE. 23
(C) THE “MARYLAND NATIVES” LOGO SHALL BE MADE AVAILABLE TO 24
GROWERS AND RETAILER S WHO MAY: 25
(1) PLACE THE LOGO ON LABELS, STICKERS, OR POTS OF EACH PLANT 26
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND 27
(2) USE THE LOGO IN DISPL AYS WITH PLANTS LISTED ON THE 28
COMMERCIAL MARYLAND NATIVE PLANT LIST. 29
HOUSE BILL 950 5
10–407. 1
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL CREAT E A 2
“MARYLAND NATIVE PLANTS” WEBPAGE ON THE UNIVERSITY OF MARYLAND 3
EXTENSION’S WEBSITE. 4
(2) THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL INCLUD E: 5
(I) THE COMMERCIAL MARYLAND NATIVE PLANT LIST 6
DEVELOPED UNDER § 10–404 OF THIS SUBTITLE; 7
(II) THE LISTS OF CERTIFIED MARYLAND NATIVE PLANT 8
GROWERS AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS DEVELOPED 9
UNDER § 10–405 OF THIS SUBTITLE; AND 10
(III) GENERAL INFORMATION O N NATIVE PLANTS. 11
(B) THE DEPARTMENT SHALL PROM OTE THE PROGRAM AND INCLUDE O N 12
THE DEPARTMENT OF AGRICULTURE ’S “MARYLAND’S BEST” WEBSITE: 13
(1) THE COMMERCIAL MARYLAND NATIVE PLANT LIST DEVELOPED 14
UNDER § 10–404 OF THIS SUBTITLE; 15
(2) THE LISTS OF CERTIFIED MARYLAND NATIVE PLANT GROWERS 16
AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS DEVELOPED U NDER § 17
10–405 OF THIS SUBTITLE ; AND 18
(3) GENERAL INFORMATION A BOUT NATIVE PLANTS. 19
(C) A LINK TO THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL BE 20
POSTED ON THE DEPARTMENT OF NATURAL RESOURCES’ NATIVE PLANTS WEBSIT E. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2023. 23