EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0950*
HOUSE BILL 950
M4 3lr2651
CF SB 836
By: Delegate Stein Delegates Stein, Allen, Boyce, Foley, Guyton, Healey, Lehman,
J. Long, Love, T. Morgan, Ruth, Stewart, Terrasa, and Ziegler
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2023
CHAPTER ______
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
Department of Agriculture to administer the Program in coordination with the 6
Department of Agriculture University of Maryland Extension; requiring the 7
University of Maryland Extension to hire an extension agent to serve as a native 8
plant specialist for certain educational purposes; requiring the Department of 9
Agriculture to create and maintain a certain voluntary certification program and a 10
marketing program in a certain manner; requiring the University of Maryland 11
Extension to create a certain website on native plants and requiring the Department 12
of Natural Resources to include a link to the website on the Department of Natural 13
Resources’ native plants website; and generally relating to plants native to 14
Maryland. 15
BY adding to 16
Article – Agriculture 17
Section 10–401 through 10–407 to be under the new subtitle “Subtitle 4. Maryland 18
Native Plants Program” 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2022 Supplement) 21
2 HOUSE BILL 950
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Agriculture 3
SUBTITLE 4. MARYLAND NATIVE PLANTS PROGRAM. 4
10–401. 5
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(B) “COMMERCIAL MARYLAND NATIVE PLANT LIST” MEANS A LIST OF 8
PLANTS THAT ARE NATI VE TO MARYLAND THAT ARE COM MERCIALLY AVAILABLE 9
AND APPROPRIATE FOR GROWING IN RESIDENTI AL OR COMMERCIAL LAN DSCAPES. 10
(C) (1) “NATIVE PLANT” MEANS A PLANT THAT O CCURS NATURALLY IN 11
THE STATE AND SURROUNDING REGION, ECOSYSTEM, AND HABITAT , WITHOUT 12
DIRECT OR INDIRECT H UMAN ACTIONS . 13
(2) “NATIVE PLANT” INCLUDES A PLANT THA T: 14
(I) WAS PRESENT BEFORE CO LONIAL SETTLEMENT ; OR 15
(II) IS LISTED AS NATIVE T O MARYLAND ON THE MARYLAND 16
PLANT ATLAS WEBSITE. 17
(3) “NATIVE PLANT” DOES NOT INCLUDE A P LANT THAT IS A NAMED 18
OR UNNAMED CULTIVAR OR HYBRID. 19
(D) “NATIVE PLANT SPECIALIST” MEANS THE UNIVERSITY OF MARYLAND 20
EXTENSION AGENT HIRED UNDER § 10–403 OF THIS SUBTITLE. 21
(E) “PROGRAM” MEANS THE MARYLAND NATIVE PLANTS PROGRAM. 22
10–402. 23
(A) THERE IS A MARYLAND NATIVE PLANTS PROGRAM. 24
(B) THE PURPOSE OF THE PROGRAM IS TO: 25
(1) ENCOURAGE AND PROMOTE THE RESPOND TO THE INCREA SING 26
DEMAND FOR , USE OF, AND SALE OF NATIVE P LANTS BY RETAIL GARD EN CENTERS, 27
RETAIL NURSERIES , AND WHOLESALE NURSER IES; AND 28
HOUSE BILL 950 3
(2) EDUCATE THE PUBLIC , LANDSCAPERS , AND OTHER PLANT USER S 1
ON THE IMPORTANCE , BENEFIT, AND AVAILABILITY OF NATIVE PLANTS . 2
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 3
DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 4
(2) THE UNIVERSITY OF MARYLAND EXTENSION SHALL ADMIN ISTER 5
THE EDUCATIONAL COMPONEN TS OF THE PROGRAM IN COORDINATI ON WITH THE 6
DEPARTMENT AND OTHER AGENCIES . 7
10–403. 8
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL HIRE AN 9
EXTENSION AGENT TO S ERVE AS A NATIVE PLANT SPECIALIST. 10
(2) THE INDIVIDUAL HIRED TO SERVE AS THE NATIVE PLANT 11
SPECIALIST MUST HAVE EXPERTISE IN NATIVE PLANTS. 12
(B) THE NATIVE PLANT SPECIALIST SHALL : 13
(1) ASSIST THE UNIVERSITY OF MARYLAND EXTENSION IN 14
FULFILLING ANY EDUCATIONAL AND PROF ESSIONAL TRAINING RESPONSIBILITIES 15
RELATED TO THE PROGRAM; 16
(2) COORDINATE WITH THE DEPARTMENT IN THE ADMINISTRATIO N 17
TO DELIVER EDUCATION AL COMPONENTS OF THE PROGRAM; 18
(3) ESTABLISH AND MAINTAI N PROVIDE INPUT AND EXP ERTISE TO 19
THE DEPARTMENT IN THE DEV ELOPMENT OF THE COMMERCIAL MARYLAND 20
NATIVE PLANT LIST DEVELOPED UNDER § 10–404 OF THIS SUBTITLE; 21
(4) PROVIDE GUIDANCE INPUT AND EXPERTISE TO THE 22
DEPARTMENT ON THE DE VELOPMENT OF A LIST OF CERTIFIED MARYLAND NATIVE 23
PLANT GROWERS AND RE TAILERS DEVELOPED UN DER § 10–405 OF THIS SUBTITLE; 24
(5) TEACH GROWERS AND OTHER STAKEHOLDE RS ABOUT 25
TECHNIQUES FOR GROWI NG NATIVE PLANTS ; AND 26
(6) COORDINATE EDUCATION , APPLIED RESEARCH, AND OUTREACH 27
TO TEACH THE PUBLIC , LANDSCAPERS , AND OTHER PLANT USER S ABOUT THE 28
IMPORTANCE , BENEFIT, AND AVAILABILITY OF NATIVE PLANTS . 29
10–404. 30
4 HOUSE BILL 950
(A) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH 1
SHALL PROVIDE INPUT TO THE DEPARTMENT , WHO SHALL RECEIVE IN PUT FROM 2
THE DEPARTMENT OF NATURAL RESOURCES, AND THE MARYLAND NATIVE PLANT 3
SOCIETY, SHALL TO DEVELOP A COMMERCIAL MARYLAND NATIVE PLANT LIST. 4
(B) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH 5
SHALL PROVIDE INPUT TO THE DEPARTMENT , WHO SHALL RECEIVE IN PUT FROM 6
THE DEPARTMENT OF NATURAL RESOURCES, AND THE MARYLAND NATIVE PLANT 7
SOCIETY, SHALL TO REVIEW AND UPDATE TH E COMMERCIAL MARYLAND NATIVE 8
PLANT LIST AT LEAST ONCE EV ERY 3 YEARS. 9
(C) WHEN A CULTIVAR OR HY BRID OF A NATIVE PLANT FILLS A N 10
ECOLOGICAL NICHE THA T A NATIVE PLANT IS NO LONGER ABLE TO FI LL DUE TO 11
WIDESPREAD ATTACK BY DISEASE OR INSECTS , THE NATIVE PLANT SPECIALIST 12
SHALL FIRST RECEIVE INPUT FROM THE DEPARTMENT OF NATURAL RESOURCES 13
AND THE MARYLAND NATIVE PLANT SOCIETY AND THEN INFO RM AND GUIDE THE 14
DEPARTMENT IN EVALUAT ING THE CULTIVAR OR HYBRID OF A NATIVE P LANT FOR 15
INCLUSION ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST. 16
(C) (D) THE COMMERCIAL MARYLAND NATIVE PLANT LIST SHALL BE 17
POSTED ONLINE IN ACC ORDANCE WITH § 10–407 OF THIS SUBTITLE. 18
10–405. 19
(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE UNIVERSITY OF 20
MARYLAND EXTENSION, SHALL CREATE A VOLUN TARY CERTIFICATION P ROGRAM 21
FOR GROWERS AND RETA ILERS TO BE IDENTIFI ED AS A MARYLAND NATIVE PLANT 22
GROWER OR A MARYLAND NATIVE PLANT RETAILER, OR BOTH. 23
(2) THIS CERTIFICATION SH ALL ONLY BE AVAILABL E TO GROWERS 24
AND RETAILERS THAT A RE SELLING NATIVE PL ANTS LISTED ON THE COMMERCIAL 25
MARYLAND NATIVE PLANT LIST. 26
(B) (1) THE UNIVERSITY OF MARYLAND EXTENSION DEPARTMEN T 27
SHALL DEVELOP AND MA INTAIN A LIST OF CER TIFIED MARYLAND NATIVE PLANT 28
GROWERS AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS. 29
(2) THE LISTS DEVELOPED U NDER THIS SUBSECTION SHALL BE 30
POSTED ONLINE IN ACC ORDANCE WITH § 10–407 OF THIS SUBTITLE. 31
10–406. 32
(A) THE DEPARTMENT , IN COORDINATION WITH THE UNIVERSITY OF 33
MARYLAND EXTENSION, SHALL CREATE A “MARYLAND NATIVES” MARKETING 34 HOUSE BILL 950 5
PROGRAM TO ENCOURAGE AND PROMOTE THE USE AND SALE OF NATIVE P LANTS 1
THAT ARE LISTED ON T HE COMMERCIAL MARYLAND NATIVE PLANT LIST. 2
(B) THE “MARYLAND NATIVES” MARKETING PROGRAM SH ALL DEVELOP: 3
(1) A “MARYLAND NATIVES” LOGO TO IDENTIFY PLA NTS THAT ARE 4
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND 5
(2) A QR CODE CONTAINING PLANT IDE NTIFICATION INFORMAT ION 6
THAT LINKS TO THE WEBPAGES AND WEBSITE S SPECIFIED IN § 10–407 OF THIS 7
SUBTITLE. 8
(C) THE “MARYLAND NATIVES” LOGO SHALL BE MADE A VAILABLE TO 9
GROWERS AND RETAILER S WHO MAY: 10
(1) PLACE THE LOGO ON LAB ELS, STICKERS, OR POTS OF EACH PLAN T 11
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND 12
(2) USE THE LOGO IN DISPL AYS WITH PLANTS LIST ED ON THE 13
COMMERCIAL MARYLAND NATIVE PLANT LIST. 14
10–407. 15
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL CREAT E A 16
“MARYLAND NATIVE PLANTS” WEBPAGE ON THE UNIVERSITY OF MARYLAND 17
EXTENSION’S WEBSITE. 18
(2) THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL INCLUD E: 19
(I) THE COMMERCIAL MARYLAND NATIVE PLANT LIST 20
DEVELOPED UNDER § 10–404 OF THIS SUBTITLE; 21
(II) THE LISTS OF CERTIFIE D MARYLAND NATIVE PLANT 22
GROWERS AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS DEVELOPED 23
UNDER § 10–405 OF THIS SUBTITLE; AND 24
(III) GENERAL INFORMATION O N NATIVE PLANTS . 25
(B) THE DEPARTMENT SHALL PROM OTE THE PROGRAM AND INCLUDE O N 26
THE DEPARTMENT OF AGRICULTURE ’S “MARYLAND’S BEST” WEBSITE: 27
(1) THE COMMERCIAL MARYLAND NATIVE PLANT LIST DEVELOPED 28
UNDER § 10–404 OF THIS SUBTITLE; 29
6 HOUSE BILL 950
(2) THE LISTS OF CERTIFIE D MARYLAND NATIVE PLANT GROWERS 1
AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS DEVELOPED U NDER § 2
10–405 OF THIS SUBTITLE; AND 3
(3) GENERAL INFORMATION ABOUT NA TIVE PLANTS. 4
(C) A LINK TO THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL BE 5
POSTED ON THE DEPARTMENT OF NATURAL RESOURCES’ NATIVE PLANTS WEBSIT E. 6
(D) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 7
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BIL L AN APPROPRIATION O F 8
$150,000 FOR THE UNIVERSITY OF MARYLAND EXTENSION TO HIRE ONE 9
EXTENSION AGENT AS A NATIVE PLANT SPECIALIST AND $100,000 FOR THE 10
DEPARTMENT TO HIRE ST AFF TO ADMINISTER TH E PROGRAM. 11
SECTION 2. AND BE IT FURTHER EN ACTED, That this Act shall take effect 12
October 1, 2023. 13
Approved:
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Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.