EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0470*
SENATE BILL 470
M1 3lr1852
CF 3lr1856
By: Senators Elfreth, Gile, Guzzone, Hettleman, Jackson, James, King, Rosapepe,
and Zucker
Introduced and read first time: February 3, 2023
Assigned to: Budget and Taxation and Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Land Conservation – Establishment of Goals and Programs 2
(Maryland the Beautiful Act) 3
FOR the purpose of establishing certain goals and programs related to land conservation; 4
establishing the Local Land Trust Revolving Loan Program to provide loans to 5
certain land trusts to purchase land for conservation purposes; establishing the Local 6
Land Trust Revolving Loan Fund as a special, nonlapsing fund; requiring interest 7
earnings of the Fund to be credited to the Fund; requiring the Governor, beginning 8
in a certain fiscal year, to include in the annual budget bill a certain appropriation 9
to the Maryland Environmental Trust to be used to provide certain grants through 10
the Keep Maryland Beautiful Program; establishing the 40 x 40 Land Conservation 11
Implementation Grant Program to support implementation of land conservation 12
goals; and generally relating to land conservation in the State. 13
BY adding to 14
Article – Natural Resources 15
New part designation “Part I. General Provisions” to immediately precede Section 16
3–201; Section 3–214 through 3–216 to be under the new part “Part II. Local 17
Land Trust Revolving Loan Program”; and 5–104 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2022 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Natural Resources 22
Section 3–210 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2022 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – State Finance and Procurement 27 2 SENATE BILL 470
Section 6–226(a)(2)(i) 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2022 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – State Finance and Procurement 5
Section 6–226(a)(2)(ii)170. and 171. 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2022 Supplement) 8
BY adding to 9
Article – State Finance and Procurement 10
Section 6–226(a)(2)(ii)172. 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2022 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the new part designation “Part I. General Provisions” be added to immediately 15
precede Section 3–201 of Article – Natural Resources of the Annotated Code of Maryland. 16
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 17
as follows: 18
Article – Natural Resources 19
3–210. 20
(A) (1) Any function or activity of the Governor’s Committee to Keep Maryland 21
Beautiful is transferred to the Trust. 22
(2) These functions and activities include, by way of enumeration and not 23
limitation: 24
[(1)] (I) Educating Maryland citizens and visitors in their individual 25
responsibility in litter prevention and care of the out–of–doors through a two–fold 26
approach: 27
[(i)] 1. Awareness–publicity through radio, TV, newspapers, and 28
other public media; and 29
[(ii)] 2. Action–cleanup and beautification projects carried out by 30
civic organizations, county committees, and community groups in cooperation with public 31
agencies; 32
[(2)] (II) Efficient use of public and private funds spent on cleaning up 33
highways, parks, beaches, and other public and private property; 34 SENATE BILL 470 3
[(3)] (III) Increasing beauty through stimulation of private business, 1
community, and public planting projects; and 2
[(4)] (IV) Stimulating pride and appreciation for home, community, and 3
State. 4
(B) (1) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 5
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 6
$235,000 TO THE TRUST, TO BE USED IN THE FO LLOWING AMOUNTS FOR THE 7
FOLLOWING PURPOSES : 8
(I) $50,000 PER YEAR TO PROVIDE LAND STEWARDSHIP 9
CAPACITY–BUILDING GRANTS OF U P TO $10,000 TO LAND TRUSTS TO SU PPORT 10
MONITORING AND STEWA RDSHIP SCHOLARSHIPS , LAND MONITORING AND 11
STEWARDSHIP EQUIPMEN T, OR ORGANIZATIONAL AC CREDITATION AND 12
CERTIFICATION TRAINI NGS; 13
(II) $50,000 PER YEAR TO PROVIDE LAND STEWARDSHIP 14
IMPROVEMENT GRANTS OF UP TO $10,000 TO LAND TRUSTS TO SU PPORT IMPROVED 15
MONITORING AND STEWA RDSHIP OF AGRICULTUR AL LANDS, FOREST LANDS , OR 16
LANDS FACING A HIGH DEGREE OF THREAT FRO M INVASIVE SPECIES O R THE 17
EFFECTS OF CLIMATE C HANGE; AND 18
(III) $135,000 PER YEAR TO PROVIDE CITIZEN STEWARDSHIP 19
GRANTS OF UP TO $5,000 TO NONPROFIT ORGANIZ ATIONS, COMMUNITY 20
ORGANIZATIONS , SCHOOLS, AND MUNICIPAL CORPOR ATIONS TO ENGAGE 21
COMMUNITY MEMBERS , ESPECIALLY CHILDREN AND YOUNG ADULTS , IN 22
ENVIRONMENTAL EDUCAT ION AND STEWARDSHIP . 23
(2) FUNDS PROVIDED TO THE TRUST UNDER PARAGRAPH (1) OF THIS 24
SUBSECTION ARE SUPPL EMENTAL TO AND ARE N OT INTENDED TO TAKE THE PLACE 25
OF FUNDING THAT WOUL D OTHERWISE BE APPRO PRIATED TO THE TRUST FOR 26
GRANTS ADMINISTERED UNDER THE KEEP MARYLAND BEAUTIFUL PROGRAM. 27
3–212. RESERVED. 28
3–213. RESERVED. 29
PART II. LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 30
3–214. 31
4 SENATE BILL 470
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “ADVISORY COMMITTEE” MEANS THE LAND PRESERVATION RAPID 3
RESPONSE ADVISORY COMMITTEE. 4
(C) “BOARD OF TRUSTEES” MEANS THE BOARD OF TRUSTEES OF THE 5
MARYLAND ENVIRONMENTAL TRUST. 6
(D) “EXECUTIVE COMMITTEE” MEANS THE EXECUTIVE COMMITTEE OF THE 7
MARYLAND ENVIRONMENTAL TRUST. 8
(E) “FUND” MEANS THE LOCAL LAND TRUST REVOLVING LOAN FUND. 9
(F) “PROGRAM” MEANS THE LOCAL LAND TRUST REVOLVING LOAN 10
PROGRAM. 11
3–215. 12
(A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 13
(B) THE PURPOSE OF THE PROGRAM IS TO: 14
(1) SUPPORT THE EFFORTS O F LOCAL LAND TRUSTS THAT WORK 15
WITH STATE AND LOCAL GOVER NMENTAL ENTITI ES AND THAT HAVE DIF FICULTY 16
ACCESSING MONEY FROM EXISTING PROGRAM OPEN SPACE PRESERVATION 17
PROGRAMS IN A TIMELY MANNER; AND 18
(2) PROVIDE REVOLVING LOA NS TO LAND TRUSTS ON A ROLLING 19
BASIS TO ASSIST THE LAND TRUSTS TO PURCH ASE PROPERTY . 20
(C) A LAND TRUST T HAT RECEIVES A PROGRAM LOAN TO PURCH ASE 21
PROPERTY IN ACCORDAN CE WITH SUBSECTION (B) OF THIS SECTION SHAL L REPAY 22
THE FUND: 23
(1) AT A RATE TO BE DETER MINED BY THE MARYLAND 24
ENVIRONMENTAL TRUST, NOT TO EXCEED ONE PO INT BELOW THE PRIME INTEREST 25
RATE; AND 26
(2) AFTER THE PROPERTY IS : 27
(I) PLACED UNDER EASEMENT ; OR 28
SENATE BILL 470 5
(II) TRANSFERRED TO A STATE OR LOCAL GOVERN MENTAL 1
ENTITY. 2
(D) THE PROGRAM IS ADMINISTER ED BY THE MARYLAND ENVIRONMENTAL 3
TRUST. 4
(E) (1) THERE IS A LAND PRESERVATION RAPID RESPONSE ADVISORY 5
COMMITTEE. 6
(2) THE PURPOSE OF THE ADVISORY COMMITTEE IS TO: 7
(I) REVIEW AND PRIORITIZE PROGRAM LOAN APPLICAT IONS 8
FOR FINAL APPROVAL B Y THE EXECUTIVE COMMITTEE; AND 9
(II) MAKE RECOMMENDATIONS TO THE EXECUTIVE 10
COMMITTEE ON : 11
1. WHICH PROJECTS TO FUND , WHETHER IN WHOLE OR 12
IN PART; AND 13
2. THE FUNDING TO BE ALL OCATED TO EACH PROJE CT. 14
(3) THE ADVISORY COMMITTEE CONSISTS OF : 15
(I) A REPRESENTATIVE OF TH E DEPARTMENT , SELECTED BY 16
THE SECRETARY; AND 17
(II) THE FOLLOWING MEMBERS , SELECTED BY THE BOARD OF 18
TRUSTEES: 19
1. A REPRESENTATIVE OF TH E MARYLAND 20
ENVIRONMENTAL TRUST THAT IS NOT A M EMBER OF THE EXECUTIVE COMMITTEE; 21
2. A REPRESENTATIVE OF A NONPROFIT LAND 22
CONSERVATION ORGANIZ ATION IN THE STATE; 23
3. A REPRESENTATIVE OF A LOCAL PARKS AND 24
RECREATION DEPARTMEN T IN THE STATE; AND 25
4. AN INDIVIDUAL WITH EX PERIENCE IN LOAN 26
UNDERWRITING . 27
3–216. 28 6 SENATE BILL 470
(A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN FUND. 1
(B) THE PURPOSE OF THE FUND IS TO FINANCE TH E PROGRAM. 2
(C) THE MARYLAND ENVIRONMENTAL TRUST SHALL ADMINISTE R THE 3
FUND. 4
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 5
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 6
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 7
AND THE COMPTROLLER SHALL ACCOUNT F OR THE FUND. 8
(E) THE FUND CONSISTS OF : 9
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 10
(2) INTEREST EARNINGS ; AND 11
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 12
THE BENEFIT OF THE FUND. 13
(F) IN FISCAL YEAR 2025, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL 14
BUDGET BILL AN APPRO PRIATION OF $10,000,000 TO THE FUND. 15
(G) THE FUND MAY BE USED ONLY TO PROVIDE FUNDING F OR THE 16
PROGRAM. 17
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 18
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 19
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 20
THE FUND. 21
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 22
WITH THE STATE BUDGET . 23
(J) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 24
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 25
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM. 26
5–104. 27 SENATE BILL 470 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “CONSERVE” MEANS TO PERMANENTLY PROTECT LAND FR OM 3
DEVELOPMENT THROUGH PURCHASE, DONATION, A PERPETUAL CONSERVA TION OR 4
AN OPEN SPACE EASEME NT, OR FEE OWNERSHIP IN ORDER TO PRESERVE TH E 5
CULTURAL, HISTORICAL, ECOLOGICAL, OR AGRICULTURAL VALU E OF THE LAND. 6
(3) “PROGRAM” MEANS THE 40 X 40 LAND CONSERVATI ON 7
IMPLEMENTATION GRANT PROGRAM ESTABLISHED U NDER SUBSECTION (C) OF 8
THIS SECTION. 9
(4) “SMART GROWTH SUBCABINET” MEANS THE SMART GROWTH 10
SUBCABINET ESTABLISHE D UNDER § 9–1406 OF THE STATE GOVERNMENT 11
ARTICLE. 12
(5) “TRUST” MEANS THE MARYLAND ENVIRONMENTA L TRUST. 13
(B) (1) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT : 14
(I) BY 2030, 30% OF LANDS IN THE STATE BE CONSERVED ; AND 15
(II) BY 2040, 40% OF LANDS IN THE STATE BE CONSERVED . 16
(2) THE CONSERVATION GOAL S ESTABLISHED UNDER PARAGRAPH 17
(1) OF THIS SUBSECTION SHALL BE ACCOMPLISHED THROUGH MULTIPLE EFFORTS , 18
INCLUDING: 19
(I) WORKING WITH LOCAL CO MMUNITIES, COUNTIES, 20
MUNICIPALITIES , AMERICAN INDIAN COMMUNITIES , AND PRIVATE LANDOWNE RS TO 21
CONSERVE NATURAL PLA CES AND RESOURCES ; 22
(II) IMPROVING ACCES S TO NATURE FOR ALL INDIVIDUALS IN 23
THE STATE, INCLUDING COMMUNITIE S OF COLOR AND ECONO MICALLY 24
DISADVANTAGED COMMUN ITIES; 25
(III) SEQUESTERING CARBON A ND GREENHOUSE GAS EM ISSIONS 26
IN THE LANDS AND WAT ERS OF THE STATE; 27
(IV) INCREASING PUBLIC INC ENTIVES FOR PRIVATE 28
LANDOWNERS TO VOLUNT ARILY CONSERVE AND P ROTECT AREAS OF 29 8 SENATE BILL 470
DEMONSTRATED CONSERV ATION VALUE AND AREA S THAT HAVE A HIGH C APACITY 1
TO SEQUESTER CARBON AND GREENHOUSE GAS E MISSIONS; 2
(V) FOCUSING CONSERVATION WORK AT A L ARGE LANDSCAPE 3
SCALE THAT IS BIOLOG ICALLY AND ECOLOGICA LLY MEANINGFUL ; 4
(VI) PREVENTING THE EXTINC TION OF NATIVE PLANT AND 5
ANIMAL SPECIES BY RE COVERING AND RESTORI NG THE SPECIES; 6
(VII) STABILIZING ECOSYSTEM S AND ECOSYSTEM SERV ICES, 7
RESTORING DEGRADE D ECOSYSTEMS , AND MAINTAINING ECOL OGICAL FUNCTIONS ; 8
AND 9
(VIII) INCREASING ECONOMIC O PPORTUNITIES FOR FAR MERS, 10
RANCHERS, FISHERS, AND FORESTERS . 11
(C) (1) THE TRUST SHALL ADMINISTE R A 40 X 40 LAND CONSERVATION 12
IMPLEMENTATION GRANT PROGRAM TO SUPPORT IM PLEMENTATION OF THE 13
GOALS ESTABLISHED UN DER SUBSECTION (B) OF THIS SECTION. 14
(2) PROGRAM GRANTS SHALL : 15
(I) BE AWARDED EACH YEAR ON A COMPETITIVE BAS IS TO A 16
STATEWIDE NONPROFIT ORGANIZATION THAT FO CUSES ON SUPPORTING THE 17
PERMANENT CONSERVATI ON OF THE LANDS OF THE STATE; AND 18
(II) PROVIDE AT LEAST : 19
1. $150,000 TO THE GRANT RECIPIE NT FOR THE 20
PURPOSE OF PROVIDING TOOLS AND RESOURCES , ORGANIZATIONAL SUPPO RT, AND 21
CAPACITY BUILDING TO LOCAL LAND TRUSTS ; AND 22
2. $100,000 TO THE GRANT RECIPIE NT FOR THE 23
PURPOSE OF PROVIDING STATEWIDE EDUCATIONA L CONFERENCES AND TR AININGS 24
FOR LOCAL LAND TRUST S ON THE TOPICS OF E ASEMENT ACQUISITION , 25
CONSERVATION PROGRAM S AND TOOLS, LAND MANAGEMENT AND STEWARDSHIP , 26
AND OTHER RELEVANT S UBJECTS. 27
(3) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 28
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 29
$250,000 TO THE TRUST FOR THE PURPOSE OF PROVIDING THE GRA NTS REQUIRED 30
UNDER THIS SUBSECTIO N. 31
SENATE BILL 470 9
(D) (1) IN ORDER TO MEET THE CONSERVATION GOALS ESTABLISHED 1
UNDER SUBSECTION (B) OF THIS SECTION , THE SMART GROWTH SUBCABINET, IN 2
COORDINATION WITH RE LEVANT STAKEHOLDERS , SHALL: 3
(I) COORDINATE THE ACTION S OF STATE AGENCIES , LOCAL 4
GOVERNMENTS , AND NONGOVERNMENTAL PARTNERS; 5
(II) ON OR BEFORE JULY 1, 2024, DEVELOP AND PUBLISH A 6
PLAN TO MEET THE STATE’S CONSERVATION GOALS AND UPDATE THE PLAN AS 7
NEEDED, BUT NOT LESS THAN EV ERY 5 YEARS THEREAFTER ; AND 8
(III) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 9
1 THEREAFTER , REPORT TO THE SENATE EDUCATION, ENERGY, AND THE 10
ENVIRONMENT COMMITTEE AND THE HOUSE ENVIRONMENT AND 11
TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 12
GOVERNMENT ARTICLE, ON THE STATE’S PROGRESS TOWARD ME ETING THE 13
CONSERVATION GOALS . 14
(2) THE SMART GROWTH SUBCABINET SHALL MAKE THE ANNUA L 15
REPORT REQUIRED UNDE R PARAGRAPH (1)(III) OF THIS SUBSECTION A VAILABLE ON 16
ITS WEBSITE. 17
Article – State Finance and Procurement 18
6–226. 19
(a) (2) (i) Notwithstanding any other provision of law, and unless 20
inconsistent with a federal law, grant agreement, or other federal requirement or with the 21
terms of a gift or settlement agreement, net interest on all State money allocated by the 22
State Treasurer under this section to special funds or accounts, and otherwise entitled to 23
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 24
Fund of the State. 25
(ii) The provisions of subparagraph (i) of this paragraph do not apply 26
to the following funds: 27
170. the Cannabis Public Health Fund; [and] 28
171. the Community Reinvestment and Repair Fund; AND 29
172. THE LOCAL LAND TRUST REVOLVING LOAN FUND. 30
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2023. 32