MD
Maryland House Bill HB964

Maryland 2023 Regular Session

Maryland House Bill HB964 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0964*
66
77 HOUSE BILL 964
88 M4 3lr2558
99 CF SB 29
1010 By: Delegates Young and Addison
1111 Introduced and read first time: February 10, 2023
1212 Assigned to: Environment and Transportation
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Baltimore City Soil Conservation District – Establishment – Requirements 2
1919
2020 FOR the purpose of providing for the establishment of a Baltimore City Soil Conservation 3
2121 District; adding Baltimore City to a geographic area from which the Secretary of 4
2222 Agriculture appoints the soil conservation district supervisors; requiring the Mayor 5
2323 of Baltimore City to take certain actions to form the District; requiring the Secretary 6
2424 of State to take certain actions to record the organization of the District; providing 7
2525 for the appointment of the supervisors for the District; and generally relating to the 8
2626 establishment of a Baltimore City Soil Conservation District. 9
2727
2828 BY repealing and reenacting, with amendments, 10
2929 Article – Agriculture 11
3030 Section 8–101, 8–201(b), 8–301, 8–302, and 8–405 12
3131 Annotated Code of Maryland 13
3232 (2016 Replacement Volume and 2022 Supplement) 14
3333
3434 BY adding to 15
3535 Article – Agriculture 16
3636 Section 8–301.1 17
3737 Annotated Code of Maryland 18
3838 (2016 Replacement Volume and 2022 Supplement) 19
3939
4040 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
4141 That the Laws of Maryland read as follows: 21
4242
4343 Article – Agriculture 22
4444
4545 8–101. 23
4646 2 HOUSE BILL 964
4747
4848
4949 (a) In [this subtitle] SUBTITLES 1 THROUGH 4 OF THIS TITLE the following 1
5050 words have the meanings indicated. 2
5151
5252 (b) “Committee” means the State Soil Conservation Committee. 3
5353
5454 (c) “Conservation” means the wise utilization of natural resources and includes 4
5555 any one or more of the following: [the] 5
5656
5757 (1) THE development, improvement, maintenance, protection or 6
5858 preservation of these resources; [the] 7
5959
6060 (2) THE control and prevention of flood water and sediment damage; and 8
6161 [the] 9
6262
6363 (3) THE controlled disposal of water. 10
6464
6565 (d) [“County” means every county of the State, excluding Baltimore City unless 11
6666 expressly designated. 12
6767
6868 (e)] “District” means a soil conservation district, a political subdivision of the State 13
6969 continued in accordance with the provisions of this subtitle. 14
7070
7171 [(f)] (E) (1) “Due notice” means notice published at least twice, with an 15
7272 interval of at least seven days between the two publication dates, in a newspaper or other 16
7373 publication of general circulation within the appropriate area. 17
7474
7575 (2) If no publication of general circulation is available, the notice may be 18
7676 posted at a reasonable number of conspicuous places within the appropriate area, including 19
7777 if possible, public places where it is customary to post notices concerning county or 20
7878 municipal affairs generally. 21
7979
8080 (3) At any hearing held pursuant to the notice, at the time and place 22
8181 designated in the notice, adjournment may be made without renewing notice for the 23
8282 adjourned dates. 24
8383
8484 [(g)] (F) “Land occupier” means any person holding title to or possessing any 25
8585 lands lying within a district, whether as owner, lessee, tenant, or otherwise. 26
8686
8787 [(h)] (G) “Supervisor” means a member of the governing body of a district. 27
8888
8989 8–201. 28
9090
9191 (b) (1) The Secretary shall appoint the soil conservation district supervisors 29
9292 from recommendations submitted by the district supervisors of each area represented. 30
9393
9494 (2) Each supervisor shall be from one of the following five geographic areas: 31 HOUSE BILL 964 3
9595
9696
9797
9898 [(1)] (I) Area No. 1: Garrett, Allegany, Washington County, Catoctin, 1
9999 Frederick, and Carroll Soil Conservation Districts; 2
100100
101101 [(2)] (II) Area No. 2: Anne Arundel, Prince George’s, Charles, St. Mary’s, 3
102102 and Calvert Soil Conservation Districts; 4
103103
104104 [(3)] (III) Area No. 3: Kent, Queen Anne’s, Caroline, and Talbot Soil 5
105105 Conservation Districts; 6
106106
107107 [(4)] (IV) Area No. 4: BALTIMORE CITY, Baltimore County, Harford, 7
108108 Montgomery, Howard and Cecil Soil Conservation Districts; and 8
109109
110110 [(5)] (V) Area No. 5: Dorchester, Wicomico, Worcester, and Somerset Soil 9
111111 Conservation Districts. 10
112112
113113 8–301. 11
114114
115115 [(a)] The [24] FOLLOWING soil conservation districts are established and 12
116116 continued with boundaries corresponding to county boundaries, except for Frederick 13
117117 County, and include all land and water and incorporated areas[, as follows]: 14
118118
119119 (1) Allegany Soil Conservation District; 15
120120
121121 (2) Anne Arundel Soil Conservation District; 16
122122
123123 (3) Baltimore County Soil Conservation District; 17
124124
125125 (4) Calvert Soil Conservation District; 18
126126
127127 (5) Caroline Soil Conservation District; 19
128128
129129 (6) Carroll Soil Conservation District; 20
130130
131131 (7) Cecil Soil Conservation District; 21
132132
133133 (8) Charles Soil Conservation District; 22
134134
135135 (9) Dorchester Soil Conservation District; 23
136136
137137 (10) Garrett Soil Conservation District; 24
138138
139139 (11) Harford Soil Conservation District; 25
140140
141141 (12) Howard Soil Conservation District; 26
142142 4 HOUSE BILL 964
143143
144144
145145 (13) Kent Soil Conservation District; 1
146146
147147 (14) Montgomery Soil Conservation District; 2
148148
149149 (15) Prince George’s Soil Conservation District; 3
150150
151151 (16) Queen Anne’s Soil Conservation District; 4
152152
153153 (17) St. Mary’s Soil Conservation District; 5
154154
155155 (18) Somerset Soil Conservation District; 6
156156
157157 (19) Talbot Soil Conservation District; 7
158158
159159 (20) Washington County Soil Conservation District; 8
160160
161161 (21) Wicomico Soil Conservation District; 9
162162
163163 (22) Worcester Soil Conservation District; 10
164164
165165 (23) Catoctin Soil Conservation District within the area of Frederick County 11
166166 bounded by the Washington–Frederick County line, the Potomac River, and the eastern 12
167167 and northern boundaries of the Catoctin Creek watershed; and 13
168168
169169 (24) The Frederick Soil Conservation District comprising the balance of 14
170170 Frederick County land and water area. 15
171171
172172 [(b) A Baltimore City Soil Conservation District may be established and continued 16
173173 with boundaries corresponding to the boundaries of Baltimore City.] 17
174174
175175 8–301.1. 18
176176
177177 (A) SUBJECT TO THE REQUIR EMENTS OF THIS SECTI ON, A BALTIMORE CITY 19
178178 SOIL CONSERVATION DISTRICT MAY BE ESTAB LISHED AND CONTINUED WITH 20
179179 BOUNDARIES CORRESPONDING TO THE BOUNDARIES OF BALTIMORE CITY. 21
180180
181181 (B) THE MAYOR OF BALTIMORE CITY SHALL: 22
182182
183183 (1) NOTIFY THE COMMITTEE OF THE INTE NT TO ESTABLISH A SO IL 23
184184 CONSERVATION DISTRIC T; 24
185185
186186 (2) APPOINT THREE SUPERVI SORS TO THE GOVERNIN G BODY OF THE 25
187187 DISTRICT IN ACC ORDANCE WITH § 8–302 OF THIS SUBTITLE; AND 26
188188 HOUSE BILL 964 5
189189
190190
191191 (3) SUBMIT TO THE SECRETARY OF STATE A SIGNED APPLIC ATION TO 1
192192 ORGANIZE THE DISTRIC T AS: 2
193193
194194 (I) A POLITICAL SUBDIVISIO N OF THE STATE; AND 3
195195
196196 (II) A PUBLIC BODY CORPORAT E. 4
197197
198198 (C) THE SECRETARY OF STATE SHALL: 5
199199
200200 (1) EXAMINE, FILE, AND RECORD THE APPLI CATION IN THE BOOK 6
201201 FOR THE RECORDING OF APPLICATIONS FOR THE ORGANIZATION OF DIST RICTS; 7
202202
203203 (2) ISSUE TO THE SUPERVIS ORS OF THE DISTRICT , UNDER SEAL OF 8
204204 THE STATE, A CERTIFICATE OF CON STITUTION OF THE DIS TRICT; AND 9
205205
206206 (3) RECORD THE CERTIFICAT E WITH THE APPLICATI ON. 10
207207
208208 8–302. 11
209209
210210 (a) The governing body of each district consists of five supervisors. 12
211211
212212 (b) (1) Each supervisor shall be interested and knowledgeable in conservation 13
213213 of soil, water, and related natural resources. 14
214214
215215 (2) By training and experience, each supervisor shall be qualified to 15
216216 perform the specialized skilled services which are required in performing the duties under 16
217217 this subtitle. 17
218218
219219 (c) (1) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 18
220220 SUBSECTION, THE supervisors shall be appointed in the following manner, and 19
221221 consideration shall be given to representation from farming, forestry, wildlife, and urban 20
222222 interests where appropriate: 21
223223
224224 [(1)] (I) One district resident by the county governing body and serving 22
225225 at the pleasure of the county governing body[. In], PROVIDED THAT IN those counties with 23
226226 both an executive and a legislative branch of government, the appointment shall be made 24
227227 by the executive and approved by the legislative branch; 25
228228
229229 [(2)] (II) One by the Committee from a list of three district residents 26
230230 submitted by the county farm bureau; 27
231231
232232 [(3)] (III) One by the Committee from a list of three district residents 28
233233 submitted by the county extension service; and 29
234234
235235 [(4)] (IV) Two by the Committee from among residents of the district. 30 6 HOUSE BILL 964
236236
237237
238238
239239 (2) THE SUPERVISORS FOR T HE BALTIMORE CITY SOIL 1
240240 CONSERVATION DISTRICT SHALL BE APP OINTED IN THE FOLLOW ING MANNER, AND 2
241241 CONSIDERATION SHALL BE GIVEN TO REPRESEN TATION FROM FARMING , 3
242242 FORESTRY, WILDLIFE, AND URBAN INTERESTS WHERE APPROPRIATE : 4
243243
244244 (I) THREE DISTRICT RESIDE NTS BY THE MAYOR, SUBJECT TO 5
245245 THE APPROVAL OF THE CITY COUNCIL; 6
246246
247247 (II) ONE BY THE BALTIMORE CITY SENATE DELEGATION TO 7
248248 THE MARYLAND GENERAL ASSEMBLY; AND 8
249249
250250 (III) ONE BY THE BALTIMORE CITY HOUSE DELEGATION TO THE 9
251251 MARYLAND GENERAL ASSEMBLY. 10
252252
253253 (d) (1) The term of office of each Committee appointed member is 5 years. 11
254254
255255 (2) Each supervisor shall hold office until [his] A successor is appointed 12
256256 and qualifies. 13
257257
258258 (3) Vacancies shall be filled for any unexpired term by appointments made 14
259259 in the same manner as for the full term. 15
260260
261261 (e) (1) The Committee, upon notice and hearing, may remove any supervisor 16
262262 from office for neglect of duty or malfeasance in office. [In addition] 17
263263
264264 (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , any supervisor 18
265265 who, during any period of 12 consecutive months, shall fail to attend at least [50 percent] 19
266266 50% of all regular meetings of the board of supervisors of the district of which [he] THE 20
267267 SUPERVISOR is an appointed member, shall be considered to have resigned and the 21
268268 chairman of the board of supervisors shall notify the appropriate appointing body of the 22
269269 resultant vacancy. [However, if] 23
270270
271271 (3) IF the reasons for the supervisor’s inability to attend meetings as 24
272272 required in this subtitle are found by the appointing body to be satisfactory, the appointing 25
273273 body may reinstate the supervisor to office. 26
274274
275275 8–405. 27
276276
277277 (a) The General Assembly finds that, from fiscal year 1991 through fiscal year 28
278278 1998, inadequate resources have been provided for the soil conservation districts to employ 29
279279 adequate field personnel to assist farmers in the preparation of soil conservation and water 30
280280 quality plans. 31
281281 HOUSE BILL 964 7
282282
283283
284284 (b) It is the intent of the General Assembly to provide sufficient technical 1
285285 assistance and resources through the soil conservation districts to assist farmers in pursuit 2
286286 of soil conservation and water quality plans and other activities authorized under this title. 3
287287
288288 (c) (1) The Governor shall include in the annual budget bill an amount 4
289289 sufficient to employ not less than 110 field personnel in the soil conservation districts under 5
290290 this title. 6
291291
292292 (2) The appropriation for the [24] soil conservation districts shall be as 7
293293 follows: 8
294294
295295 (i) For fiscal year 2008, $8,800,000; 9
296296
297297 (ii) For fiscal year 2009, $9,200,000; 10
298298
299299 (iii) For fiscal year 2010, $9,600,000; and 11
300300
301301 (iv) For fiscal year 2011 and each fiscal year thereafter, $10,000,000. 12
302302
303303 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
304304 October 1, 2023. 14