Maryland 2023 2023 Regular Session

Maryland Senate Bill SB434 Engrossed / Bill

Filed 03/14/2023

                     
 
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. 
          *sb0434*  
  
SENATE BILL 434 
M2   	3lr2079 
    	CF HB 1254 
By: Senator Klausmeier 
Introduced and read first time: February 2, 2023 
Assigned to: Education, Energy, and the Environment 
Committee Report: Favorable 
Senate action: Adopted 
Read second time: March 5, 2023 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Natural Resources – Restorative Aquaculture Pilot Program 2 
 
FOR the purpose of requiring the Department of Natural Resources to establish and 3 
implement a Restorative Aquaculture Pilot Program to provide financial incentives 4 
to certain holders of aquaculture leases; authorizing a holder of an aquaculture lease 5 
who is participating in the Pilot Program to meet certain requirements by shellfish 6 
seed planting only; and generally relating to the Restorative Aquaculture Pilot 7 
Program. 8 
 
BY adding to 9 
 Article – Natural Resources 10 
Section 4–11A–24 11 
 Annotated Code of Maryland 12 
 (2018 Replacement Volume and 2022 Supplement) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – Natural Resources 16 
 
4–11A–24. 17 
 
 (A) IN THIS SECTION , “PILOT PROGRAM” MEANS THE RESTORATIVE 18 
AQUACULTURE PILOT PROGRAM. 19 
  2 	SENATE BILL 434  
 
 
 (B) THE GENERAL ASSEMBLY FINDS THAT , WITH APPROPRIATE SIT ING, 1 
ACTIVE USE REQUIREME NTS THAT REQUIRE ANN UAL SHELLFISH SEED PLANTINGS , 2 
AND APPROPRIATE HUSB ANDRY, SHELLFISH AQUACULTUR E IS A RESTORATIVE 3 
ACTIVITY THAT BENEFI TS WATER QUALITY, OYSTER PRODUCTIVITY , AND HABITAT. 4 
 
 (C) (1) THE DEPARTMENT SHALL ESTA BLISH AND IMPLEMENT A 5 
RESTORATIVE AQUACULTURE PILOT PROGRAM. 6 
 
 (2) THE PILOT PROGRAM SHALL BE DESI GNED TO PROVIDE 7 
FINANCIAL INCENTIVES TO A HOLDER OF AN AQUACUL TURE LEASE WHO: 8 
 
 (I) MAINTAINS THE LEASE, IN WHOLE OR IN PART , IN 9 
ACCORDANCE WITH THE CRITERIA FOR RESTORATIVE AQUACULTURE IDENTIFIED 10 
BY THE DEPARTMENT UNDER SUBSECTION (D) OF THIS SECTION; AND 11 
 
 (II) MAINTAINS THE RESTORATIVE COND ITIONS FOR AT LEAST 12 
4 YEARS. 13 
 
 (D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 14 
DEPARTMENT SHALL IDEN TIFY CRITERIA AND METRICS FOR RESTORATIVE 15 
AQUACULTURE THAT TAK E INTO CONSIDERATION : 16 
 
 (I) OYSTER DENSITY; 17 
 
 (II) OYSTER BIOMASS ; 18 
 
 (III) HABITAT COMPLEXITY ; AND 19 
 
 (IV) ANY OTHER CRITERIA AND METRICS DEVELOPED OR 20 
IDENTIFIED IN COORDI NATION WITH THE AQUACULTURE COORDINATING COUNCIL, 21 
THE UNIVERSITY OF MARYLAND CENTER FOR ENVIRONMENTAL SCIENCE, OR 22 
OTHER INTERESTED STA KEHOLDERS . 23 
 
 (2) THE CRITERIA AND METRICS IDENTIFIED UNDER PAR AGRAPH (1) 24 
OF THIS SUBSECTION S HALL BE AT LEAST AS STRINGENT AS THE TARGET CRITERIA 25 
AND METRICS USED IN LARGE–SCALE OYSTER RESTORA TION PROJECTS OVERSEEN 26 
OR SUPPORTED BY THE CHESAPEAKE BAY PROGRAM. 27 
 
 (E) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE 28 
DEPARTMENT SHALL ESTA BLISH ELIGIBILITY REQUIREMENTS AND FINANCIAL 29 
INCENTIVES FOR THE PILOT PROGRAM. 30 
 
 (2) THE FINANCIAL INCENTI VES ESTABLISHED UNDE R PARAGRAPH 31   	SENATE BILL 434 	3 
 
 
(1) OF THIS SUBSECTION S HALL BE DESIGNED IN A MANNER THAT PAYS ELIGIBLE 1 
LEASE HOLDERS : 2 
 
 (I) 1. ON A PER–ACRE BASIS; AND 3 
 
 2. AT A RATE DETERMINED BY THE DEPARTMENT IN 4 
CONSULTATION WITH TH E AQUACULTURE COORDINATING COUNCIL; OR 5 
 
 (II) FOR OYSTERS PURCHASED BY THE DEPARTMENT FOR USE 6 
IN OYSTER RESTORATIO N SANCTUARY PROJECTS. 7 
 
 (3) THE DEPARTMENT MAY CONSUL	T WITH INTERESTED 8 
STAKEHOLDERS IN ESTA BLISHING THE FINANCI AL INCENTIVES UNDER THIS 9 
SUBSECTION. 10 
 
 (F) A HOLDER OF AN AQUACUL TURE LEASE WHO IS PA RTICIPATING IN THE 11 
PILOT PROGRAM MAY MEET ANY REQUIRE MENTS FOR THE ACTIVE USE OF THE 12 
LEASE BY SHELLFISH SEED PLANTING ONLY . 13 
 
 (G) (1) ON OR BEFORE OCTOBER 1, 2024, THE DEPARTMENT SHALL 14 
ADOPT REGULATIONS TO CARRY OUT THIS SECTI ON. 15 
 
 (2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS 16 
SUBSECTION SHALL INCLUDE PROVISIONS F OR THE VERIFICATION OF EXISTING 17 
AND IMPROVED CONDITI ONS ON AQUACULTURE L EASES THAT ARE PART OF THE 18 
PILOT PROGRAM. 19 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 
October 1, 2023. It shall remain effective for a period of 6 years and, at the end of September 21 
30, 2029, this Act, with no further action required by the General Assembly, shall be 22 
abrogated and of no further force and effect. 23 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.