EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0964*
HOUSE BILL 964
M4 3lr2558
CF SB 29
By: Delegates Young and Addison
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Baltimore City Soil Conservation District – Establishment – Requirements 2
FOR the purpose of providing for the establishment of a Baltimore City Soil Conservation 3
District; adding Baltimore City to a geographic area from which the Secretary of 4
Agriculture appoints the soil conservation district supervisors; requiring the Mayor 5
of Baltimore City to take certain actions to form the District; requiring the Secretary 6
of State to take certain actions to record the organization of the District; providing 7
for the appointment of the supervisors for the District; and generally relating to the 8
establishment of a Baltimore City Soil Conservation District. 9
BY repealing and reenacting, with amendments, 10
Article – Agriculture 11
Section 8–101, 8–201(b), 8–301, 8–302, and 8–405 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2022 Supplement) 14
BY adding to 15
Article – Agriculture 16
Section 8–301.1 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
8–101. 23
2 HOUSE BILL 964
(a) In [this subtitle] SUBTITLES 1 THROUGH 4 OF THIS TITLE the following 1
words have the meanings indicated. 2
(b) “Committee” means the State Soil Conservation Committee. 3
(c) “Conservation” means the wise utilization of natural resources and includes 4
any one or more of the following: [the] 5
(1) THE development, improvement, maintenance, protection or 6
preservation of these resources; [the] 7
(2) THE control and prevention of flood water and sediment damage; and 8
[the] 9
(3) THE controlled disposal of water. 10
(d) [“County” means every county of the State, excluding Baltimore City unless 11
expressly designated. 12
(e)] “District” means a soil conservation district, a political subdivision of the State 13
continued in accordance with the provisions of this subtitle. 14
[(f)] (E) (1) “Due notice” means notice published at least twice, with an 15
interval of at least seven days between the two publication dates, in a newspaper or other 16
publication of general circulation within the appropriate area. 17
(2) If no publication of general circulation is available, the notice may be 18
posted at a reasonable number of conspicuous places within the appropriate area, including 19
if possible, public places where it is customary to post notices concerning county or 20
municipal affairs generally. 21
(3) At any hearing held pursuant to the notice, at the time and place 22
designated in the notice, adjournment may be made without renewing notice for the 23
adjourned dates. 24
[(g)] (F) “Land occupier” means any person holding title to or possessing any 25
lands lying within a district, whether as owner, lessee, tenant, or otherwise. 26
[(h)] (G) “Supervisor” means a member of the governing body of a district. 27
8–201. 28
(b) (1) The Secretary shall appoint the soil conservation district supervisors 29
from recommendations submitted by the district supervisors of each area represented. 30
(2) Each supervisor shall be from one of the following five geographic areas: 31 HOUSE BILL 964 3
[(1)] (I) Area No. 1: Garrett, Allegany, Washington County, Catoctin, 1
Frederick, and Carroll Soil Conservation Districts; 2
[(2)] (II) Area No. 2: Anne Arundel, Prince George’s, Charles, St. Mary’s, 3
and Calvert Soil Conservation Districts; 4
[(3)] (III) Area No. 3: Kent, Queen Anne’s, Caroline, and Talbot Soil 5
Conservation Districts; 6
[(4)] (IV) Area No. 4: BALTIMORE CITY, Baltimore County, Harford, 7
Montgomery, Howard and Cecil Soil Conservation Districts; and 8
[(5)] (V) Area No. 5: Dorchester, Wicomico, Worcester, and Somerset Soil 9
Conservation Districts. 10
8–301. 11
[(a)] The [24] FOLLOWING soil conservation districts are established and 12
continued with boundaries corresponding to county boundaries, except for Frederick 13
County, and include all land and water and incorporated areas[, as follows]: 14
(1) Allegany Soil Conservation District; 15
(2) Anne Arundel Soil Conservation District; 16
(3) Baltimore County Soil Conservation District; 17
(4) Calvert Soil Conservation District; 18
(5) Caroline Soil Conservation District; 19
(6) Carroll Soil Conservation District; 20
(7) Cecil Soil Conservation District; 21
(8) Charles Soil Conservation District; 22
(9) Dorchester Soil Conservation District; 23
(10) Garrett Soil Conservation District; 24
(11) Harford Soil Conservation District; 25
(12) Howard Soil Conservation District; 26
4 HOUSE BILL 964
(13) Kent Soil Conservation District; 1
(14) Montgomery Soil Conservation District; 2
(15) Prince George’s Soil Conservation District; 3
(16) Queen Anne’s Soil Conservation District; 4
(17) St. Mary’s Soil Conservation District; 5
(18) Somerset Soil Conservation District; 6
(19) Talbot Soil Conservation District; 7
(20) Washington County Soil Conservation District; 8
(21) Wicomico Soil Conservation District; 9
(22) Worcester Soil Conservation District; 10
(23) Catoctin Soil Conservation District within the area of Frederick County 11
bounded by the Washington–Frederick County line, the Potomac River, and the eastern 12
and northern boundaries of the Catoctin Creek watershed; and 13
(24) The Frederick Soil Conservation District comprising the balance of 14
Frederick County land and water area. 15
[(b) A Baltimore City Soil Conservation District may be established and continued 16
with boundaries corresponding to the boundaries of Baltimore City.] 17
8–301.1. 18
(A) SUBJECT TO THE REQUIR EMENTS OF THIS SECTI ON, A BALTIMORE CITY 19
SOIL CONSERVATION DISTRICT MAY BE ESTAB LISHED AND CONTINUED WITH 20
BOUNDARIES CORRESPONDING TO THE BOUNDARIES OF BALTIMORE CITY. 21
(B) THE MAYOR OF BALTIMORE CITY SHALL: 22
(1) NOTIFY THE COMMITTEE OF THE INTE NT TO ESTABLISH A SO IL 23
CONSERVATION DISTRIC T; 24
(2) APPOINT THREE SUPERVI SORS TO THE GOVERNIN G BODY OF THE 25
DISTRICT IN ACC ORDANCE WITH § 8–302 OF THIS SUBTITLE; AND 26
HOUSE BILL 964 5
(3) SUBMIT TO THE SECRETARY OF STATE A SIGNED APPLIC ATION TO 1
ORGANIZE THE DISTRIC T AS: 2
(I) A POLITICAL SUBDIVISIO N OF THE STATE; AND 3
(II) A PUBLIC BODY CORPORAT E. 4
(C) THE SECRETARY OF STATE SHALL: 5
(1) EXAMINE, FILE, AND RECORD THE APPLI CATION IN THE BOOK 6
FOR THE RECORDING OF APPLICATIONS FOR THE ORGANIZATION OF DIST RICTS; 7
(2) ISSUE TO THE SUPERVIS ORS OF THE DISTRICT , UNDER SEAL OF 8
THE STATE, A CERTIFICATE OF CON STITUTION OF THE DIS TRICT; AND 9
(3) RECORD THE CERTIFICAT E WITH THE APPLICATI ON. 10
8–302. 11
(a) The governing body of each district consists of five supervisors. 12
(b) (1) Each supervisor shall be interested and knowledgeable in conservation 13
of soil, water, and related natural resources. 14
(2) By training and experience, each supervisor shall be qualified to 15
perform the specialized skilled services which are required in performing the duties under 16
this subtitle. 17
(c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 18
SUBSECTION, THE supervisors shall be appointed in the following manner, and 19
consideration shall be given to representation from farming, forestry, wildlife, and urban 20
interests where appropriate: 21
[(1)] (I) One district resident by the county governing body and serving 22
at the pleasure of the county governing body[. In], PROVIDED THAT IN those counties with 23
both an executive and a legislative branch of government, the appointment shall be made 24
by the executive and approved by the legislative branch; 25
[(2)] (II) One by the Committee from a list of three district residents 26
submitted by the county farm bureau; 27
[(3)] (III) One by the Committee from a list of three district residents 28
submitted by the county extension service; and 29
[(4)] (IV) Two by the Committee from among residents of the district. 30 6 HOUSE BILL 964
(2) THE SUPERVISORS FOR T HE BALTIMORE CITY SOIL 1
CONSERVATION DISTRICT SHALL BE APP OINTED IN THE FOLLOW ING MANNER, AND 2
CONSIDERATION SHALL BE GIVEN TO REPRESEN TATION FROM FARMING , 3
FORESTRY, WILDLIFE, AND URBAN INTERESTS WHERE APPROPRIATE : 4
(I) THREE DISTRICT RESIDE NTS BY THE MAYOR, SUBJECT TO 5
THE APPROVAL OF THE CITY COUNCIL; 6
(II) ONE BY THE BALTIMORE CITY SENATE DELEGATION TO 7
THE MARYLAND GENERAL ASSEMBLY; AND 8
(III) ONE BY THE BALTIMORE CITY HOUSE DELEGATION TO THE 9
MARYLAND GENERAL ASSEMBLY. 10
(d) (1) The term of office of each Committee appointed member is 5 years. 11
(2) Each supervisor shall hold office until [his] A successor is appointed 12
and qualifies. 13
(3) Vacancies shall be filled for any unexpired term by appointments made 14
in the same manner as for the full term. 15
(e) (1) The Committee, upon notice and hearing, may remove any supervisor 16
from office for neglect of duty or malfeasance in office. [In addition] 17
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , any supervisor 18
who, during any period of 12 consecutive months, shall fail to attend at least [50 percent] 19
50% of all regular meetings of the board of supervisors of the district of which [he] THE 20
SUPERVISOR is an appointed member, shall be considered to have resigned and the 21
chairman of the board of supervisors shall notify the appropriate appointing body of the 22
resultant vacancy. [However, if] 23
(3) IF the reasons for the supervisor’s inability to attend meetings as 24
required in this subtitle are found by the appointing body to be satisfactory, the appointing 25
body may reinstate the supervisor to office. 26
8–405. 27
(a) The General Assembly finds that, from fiscal year 1991 through fiscal year 28
1998, inadequate resources have been provided for the soil conservation districts to employ 29
adequate field personnel to assist farmers in the preparation of soil conservation and water 30
quality plans. 31
HOUSE BILL 964 7
(b) It is the intent of the General Assembly to provide sufficient technical 1
assistance and resources through the soil conservation districts to assist farmers in pursuit 2
of soil conservation and water quality plans and other activities authorized under this title. 3
(c) (1) The Governor shall include in the annual budget bill an amount 4
sufficient to employ not less than 110 field personnel in the soil conservation districts under 5
this title. 6
(2) The appropriation for the [24] soil conservation districts shall be as 7
follows: 8
(i) For fiscal year 2008, $8,800,000; 9
(ii) For fiscal year 2009, $9,200,000; 10
(iii) For fiscal year 2010, $9,600,000; and 11
(iv) For fiscal year 2011 and each fiscal year thereafter, $10,000,000. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2023. 14