MD
Maryland Senate Bill SB434

Maryland 2023 Regular Session

Maryland Senate Bill SB434 Compare Versions

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1- WES MOORE, Governor Ch. 372
21
3-– 1 –
4-Chapter 372
5-(Senate Bill 434)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0434*
810
9-Natural Resources – Restorative Aquaculture Pilot Program
11+SENATE BILL 434
12+M2 (3lr2079)
13+ENROLLED BILL
14+— Education, Energy, and the Environment/Environment and Transportation —
15+Introduced by Senator Klausmeier
1016
11-FOR the purpose of requiring the Department of Natural Resources to establish and
12-implement a Restorative Aquaculture Pilot Program to provide financial incentives
13-to certain holders of aquaculture leases; authorizing a holder of an aquaculture lease
14-who is participating in the Pilot Program to meet certain requirements by shellfish
15-seed planting only; providing for the financing of the financial incentives under the
16-Pilot Program; and generally relating to the Restorative Aquaculture Pilot Program.
17+Read and Examined by Proofreaders:
1718
18-BY adding to
19- Article – Natural Resources
20-Section 4–11A–24
21- Annotated Code of Maryland
22- (2018 Replacement Volume and 2022 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2323
24- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
25-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2625
27-Article – Natural Resources
26+_______ day of _______________ at ________________________ o’clock, ________M.
2827
29-4–11A–24.
28+______________________________________________
29+President.
3030
31- (A) IN THIS SECTION , “PILOT PROGRAM” MEANS THE RESTORATIVE
32-AQUACULTURE PILOT PROGRAM.
31+CHAPTER ______
3332
34- (B) THE GENERAL ASSEMBLY FINDS THAT , WITH APPROPRIATE SIT ING,
35-ACTIVE USE REQUIREME NTS THAT REQUIRE ANN UAL SHELLFISH SEED P LANTINGS,
36-AND APPROPRI ATE HUSBANDRY , SHELLFISH AQUACULTUR E IS A RESTORATIVE
37-ACTIVITY THAT BENEFI TS WATER QUALITY , OYSTER PRODUCTIVITY , AND HABITAT.
33+AN ACT concerning 1
3834
39- (C) (1) THE DEPARTMENT SHALL ESTA BLISH AND IMPLEMENT A
40-RESTORATIVE AQUACULTURE PILOT PROGRAM.
35+Natural Resources – Restorative Aquaculture Pilot Program 2
4136
42- (2) THE PILOT PROGRAM SHALL BE DESIGNED TO PROVIDE
43-FINANCIAL INCENTIVES TO A HOLDER OF AN AQ UACULTURE LEASE WHO :
37+FOR the purpose of requiring the Department of Natural Resources to establish and 3
38+implement a Restorative Aquaculture Pilot Program to provide financial incentives 4
39+to certain holders of aquaculture leases; authorizing a holder of an aquaculture lease 5
40+who is participating in the Pilot Program to meet certain requirements by shellfish 6
41+seed planting only; providing for the financing of the financial incentives under the 7
42+Pilot Program; and generally relating to the Restorative Aquaculture Pilot Program. 8
4443
45- (I) MAINTAINS THE LEASE , IN WHOLE OR IN PART , IN
46-ACCORDANCE WITH THE CRITERIA FOR RESTORA TIVE AQUACULTURE IDE NTIFIED
47-BY THE DEPARTMENT UNDER SUBS ECTION (D) OF THIS SECTIO N; AND Ch. 372 2023 LAWS OF MARYLAND
44+BY adding to 9
45+ Article – Natural Resources 10
46+Section 4–11A–24 11
47+ Annotated Code of Maryland 12
48+ (2018 Replacement Volume and 2022 Supplement) 13
49+ 2 SENATE BILL 434
4850
49-– 2 –
5051
51- (II) MAINTAINS THE RESTORA TIVE CONDITIONS FOR AT LEAST
52-4 YEARS; AND
52+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53+That the Laws of Maryland read as follows: 2
5354
54- (III) MEETS ANY CRITERIA TH E DEPARTMENT , IN
55-CONSULTATION WITH TH E AQUACULTURE COORDINATING COUNCIL, CONSIDERS
56-NECESSARY.
55+Article – Natural Resources 3
5756
58- (D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE
59-DEPARTMENT SHALL IDEN TIFY CRITERIA AND ME TRICS FOR RESTORATIV E
60-AQUACULTURE THAT TAK E INTO CONSIDERATION :
57+4–11A–24. 4
6158
62- (I) OYSTER DENSITY;
59+ (A) IN THIS SECTION , “PILOT PROGRAM” MEANS THE RESTORATIVE 5
60+AQUACULTURE PILOT PROGRAM. 6
6361
64- (II) OYSTER BIOMASS ;
62+ (B) THE GENERAL ASSEMBLY FINDS THAT , WITH APPROPRIATE SIT ING, 7
63+ACTIVE USE REQUIREME NTS THAT REQUIRE ANN UAL SHELLFISH SEED P LANTINGS, 8
64+AND APPROPRIATE HUSBANDR Y, SHELLFISH AQUACULTUR E IS A RESTORATIVE 9
65+ACTIVITY THAT BENEFI TS WATER QUALITY , OYSTER PRODUCTIVITY , AND HABITAT. 10
6566
66- (III) HABITAT COMPLEXITY ; AND
67+ (C) (1) THE DEPARTMENT SHALL ESTA BLISH AND IMPLEMENT A 11
68+RESTORATIVE AQUACULTURE PILOT PROGRAM. 12
6769
68- (IV) ANY OTHER CRITERIA AN D METRICS DEVELOPED OR
69-IDENTIFIED IN COORDI NATION WITH THE AQUACULTURE COORDINATING COUNCIL,
70-THE UNIVERSITY OF MARYLAND CENTER FOR ENVIRONMENTAL SCIENCE, OR
71-OTHER INTERESTED STA KEHOLDERS .
70+ (2) THE PILOT PROGRAM S HALL BE DESIGNED TO PROVIDE 13
71+FINANCIAL INCENTIVES TO A HOLDER OF AN AQ UACULTURE LEASE WHO : 14
7272
73- (2) THE CRITERIA AND METR ICS IDENTIFIED UNDER PARAGRAPH (1)
74-OF THIS SUBSECTION S HALL BE AT LEAST AS STRINGEN T AS THE TARGET CRIT ERIA
75-AND METRICS USED IN LARGE–SCALE OYSTER RESTORA TION PROJECTS OVERSE EN
76-OR SUPPORTED BY THE CHESAPEAKE BAY PROGRAM.
73+ (I) MAINTAINS THE LEASE , IN WHOLE OR IN PART , IN 15
74+ACCORDANCE WITH THE CRITERIA FOR RESTORA TIVE AQUACULTURE IDE NTIFIED 16
75+BY THE DEPARTMENT UNDER SUBS ECTION (D) OF THIS SECTION; AND 17
7776
78- (E) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE
79-DEPARTMENT SHALL ESTA BLISH ELIGIBILITY REQUIREMEN TS AND FINANCIAL
80-INCENTIVES FOR THE PILOT PROGRAM.
77+ (II) MAINTAINS THE RESTORA TIVE CONDITIONS FOR AT LEAST 18
78+4 YEARS; AND 19
8179
82- (2) THE FINANCIAL INCENTI VES ESTABLISHED UNDE R PARAGRAPH
83-(1) OF THIS SUBSECTION S HALL BE DESIGNED IN A MANNER THAT PAYS E LIGIBLE
84-LEASE HOLDERS :
80+ (III) MEETS ANY CRITERIA TH E DEPARTMENT , IN 20
81+CONSULTATION WITH TH E AQUACULTURE COORDINATING COUNCIL, CONSIDERS 21
82+NECESSARY. 22
8583
86- (I) 1. ON A PER–ACRE BASIS; AND
84+ (D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE 23
85+DEPARTMENT SHALL IDEN TIFY CRITERIA AND ME TRICS FOR RESTORATIV E 24
86+AQUACULTURE THAT TAK E INTO CONSIDERATION : 25
8787
88- 2. AT A RATE DETERMINED BY THE DEPARTMENT IN
89-CONSULTATION WITH TH E AQUACULTURE COORDINATING COUNCIL; OR
88+ (I) OYSTER DENSITY; 26
9089
91- (II) FOR OYSTERS PURCHASED BY THE DEPARTMENT FOR USE
92-IN OYSTER RESTORATIO N SANCTUARY PROJECTS .
93- WES MOORE, Governor Ch. 372
90+ (II) OYSTER BIOMASS ; 27
9491
95-– 3 –
96- (3) THE DEPARTMENT MAY CONSUL T WITH INTERESTED
97-STAKEHOLDERS IN ESTA BLISHING THE FINANCI AL INCENTIVES UNDER THIS
98-SUBSECTION.
92+ (III) HABITAT COMPLEXITY ; AND 28
9993
100- (4) FINANCIAL INCENTIVES UNDER THIS SUBSECTIO N SHALL BE
101-FINANCED THROUGH :
94+ (IV) ANY OTHER CRITERIA AN D METRICS DEVELOPED OR 29
95+IDENTIFIED IN COORDI NATION WITH THE AQUACULTURE COORDINATING COUNCIL, 30 SENATE BILL 434 3
10296
103- (I) PRIVATE DONATIONS ;
10497
105- (II) FEDERAL FUNDING ;
98+THE UNIVERSITY OF MARYLAND CENTER FOR ENVIRONMENTAL SCIENCE, OR 1
99+OTHER INTERESTED STA KEHOLDERS . 2
106100
107- (III) MONEY APPROPRIATED IN THE STATE BUDGET
108-SPECIFICALLY FOR THE PAYMENT OF THE INCEN TIVES; OR
101+ (2) THE CRITERIA AND METR ICS IDENTIFIED UNDER PARAGRAPH (1) 3
102+OF THIS SUBSECTION S HALL BE AT LEAST AS STRINGEN T AS THE TARGET CRIT ERIA 4
103+AND METRICS USED IN LARGE–SCALE OYSTER RESTORA TION PROJECTS OVERSE EN 5
104+OR SUPPORTED BY THE CHESAPEAKE BAY PROGRAM. 6
109105
110- (IV) ANY OTHER FUNDING FRO M ANY OTHER SOURCE A CCEPTED
111-FOR THE PAYMENT OF T HE INCENTIVES.
106+ (E) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , THE 7
107+DEPARTMENT SHALL ESTA BLISH ELIGIBILITY REQUIREMEN TS AND FINANCIAL 8
108+INCENTIVES FOR THE PILOT PROGRAM. 9
112109
113- (F) A HOLDER OF AN AQUACUL TURE LEASE WHO IS PA RTICIPATING IN THE
114-PILOT PROGRAM MAY MEET ANY REQUIREMENTS FOR THE ACTIVE USE OF TH E
115-LEASE BY SHELLFISH S EED PLANTING ONLY .
110+ (2) THE FINANCIAL INCENTI VES ESTABLISHED UNDE R PARAGRAPH 10
111+(1) OF THIS SUBSECTION S HALL BE DESIGNED IN A MANNER THAT PAYS E LIGIBLE 11
112+LEASE HOLDERS : 12
116113
117- (G) (1) ON OR BEFORE OCTOBER 1, 2024, THE DEPARTMENT SHALL
118-ADOPT REGULATIONS TO CARRY OUT THIS SECTI ON.
114+ (I) 1. ON A PER–ACRE BASIS; AND 13
119115
120- (2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS
121-SUBSECTION SHALL INC LUDE PROVI SIONS FOR THE VERIFI CATION OF EXISTING
122-AND IMPROVED CONDITI ONS ON AQUACULTURE L EASES THAT ARE PART OF THE
123-PILOT PROGRAM.
116+ 2. AT A RATE DETERMINED BY THE DEPARTMENT IN 14
117+CONSULTATION WITH TH E AQUACULTURE COORDINATING COUNCIL; OR 15
124118
125- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
126-October 1, 2023. It shall remain effective for a period of 6 years and, at the end of September
127-30, 2029, this Act, with no further action required by the General Assembly, shall be
128-abrogated and of no further force and effect.
119+ (II) FOR OYSTERS PURCHASED BY THE DEPARTMENT FOR USE 16
120+IN OYSTER RESTORATIO N SANCTUARY PROJECTS . 17
129121
130-Approved by the Governor, May 3, 2023.
122+ (3) THE DEPARTMENT MAY CONSUL T WITH INTERESTED 18
123+STAKEHOLDERS IN ESTA BLISHING THE FINANCI AL INCENTIVES UNDER THIS 19
124+SUBSECTION. 20
125+
126+ (4) FINANCIAL INCENTIVES UNDER THIS SUBSECTIO N SHALL BE 21
127+FINANCED THROUGH : 22
128+
129+ (I) PRIVATE DONATIONS ; 23
130+
131+ (II) FEDERAL FUNDING ; 24
132+
133+ (III) MONEY APPROPRIATED IN THE STATE BUDGET 25
134+SPECIFICALLY FOR THE PAYMENT OF THE INCEN TIVES; OR 26
135+
136+ (IV) ANY OTHER FUNDING FRO M ANY OTHER SOURCE A CCEPTED 27
137+FOR THE PAYMENT OF T HE INCENTIVES. 28
138+
139+ (F) A HOLDER OF AN AQUACUL TURE LEASE WHO IS PA RTICIPATING IN THE 29
140+PILOT PROGRAM MAY MEET ANY REQUIREMENTS FOR THE ACTIVE USE OF TH E 30
141+LEASE BY SHELLFISH S EED PLANTING ONLY . 31 4 SENATE BILL 434
142+
143+
144+
145+ (G) (1) ON OR BEFORE OCTOBER 1, 2024, THE DEPARTMENT SHALL 1
146+ADOPT REGULATIONS TO CARRY OUT THIS SECTI ON. 2
147+
148+ (2) THE REGULATIONS ADOPT ED UNDER PARAGRAPH (1) OF THIS 3
149+SUBSECTION SHALL INC LUDE PROVI SIONS FOR THE VERIFI CATION OF EXISTING 4
150+AND IMPROVED CONDITI ONS ON AQUACULTURE L EASES THAT ARE PART OF THE 5
151+PILOT PROGRAM. 6
152+
153+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
154+October 1, 2023. It shall remain effective for a period of 6 years and, at the end of September 8
155+30, 2029, this Act, with no further action required by the General Assembly, shall be 9
156+abrogated and of no further force and effect. 10
157+
158+
159+
160+
161+Approved:
162+________________________________________________________________________________
163+ Governor.
164+________________________________________________________________________________
165+ President of the Senate.
166+________________________________________________________________________________
167+ Speaker of the House of Delegates.