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.
*sb0470*
SENATE BILL 470
M1 3lr1852
CF HB 631
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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 11, 2023
CHAPTER ______
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 authorizing the Governor, 8
beginning in a certain fiscal year, to include in the annual budget bill a certain 9
appropriation to the Maryland Environmental Trust to be used to provide certain 10
grants through the Keep Maryland Beautiful Program; establishing the 40 x 40 Land 11
Conservation Implementation Grant Program to support implementation of land 12
conservation goals; authorizing certain excess revenue from the transfer tax 13
collected in a certain fiscal year to be allocated to the Local Land Trust Revolving 14
Loan Fund; and generally relating to land conservation in the State. 15
BY adding to 16
Article – Natural Resources 17
New part designation “Part I. General Provisions” to immediately precede Section 18
3–201; Section 3–214 through 3–216 to be under the new part “Part II. Local 19
Land Trust Revolving Loan Program”; and 5–104 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2022 Supplement) 22
2 SENATE BILL 470
BY repealing and reenacting, with amendments, 1
Article – Natural Resources 2
Section 3–210 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2022 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(i) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2022 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)170. and 171. 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2022 Supplement) 15
BY adding to 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(ii)172. 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2022 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Tax – Property 22
Section 13–209(f)(1) 23
Annotated Code of Maryland 24
(2019 Replacement Volume and 2022 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the new part designation “Part I. General Provisions” be added to immediately 27
precede Section 3–201 of Article – Natural Resources of the Annotated Code of Maryland. 28
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
as follows: 30
Article – Natural Resources 31
3–210. 32
(A) (1) Any function or activity of the Governor’s Committee to Keep Maryland 33
Beautiful is transferred to the Trust. 34
(2) These functions and activities include, by way of enumeration and not 35
limitation: 36
SENATE BILL 470 3
[(1)] (I) Educating Maryland citizens and visitors in their individual 1
responsibility in litter prevention and care of the out–of–doors through a two–fold 2
approach: 3
[(i)] 1. Awareness–publicity through radio, TV, newspapers, and 4
other public media; and 5
[(ii)] 2. Action–cleanup and beautification projects carried out by 6
civic organizations, county committees, and community groups in cooperation with public 7
agencies; 8
[(2)] (II) Efficient use of public and private funds spent on cleaning up 9
highways, parks, beaches, and other public and private property; 10
[(3)] (III) Increasing beauty through stimulation of private business, 11
community, and public planting projects; and 12
[(4)] (IV) Stimulating pride and appreciation for home, community, and 13
State. 14
(B) (1) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 15
GOVERNOR SHALL MAY INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION 16
OF $235,000 TO THE TRUST, TO BE USED IN THE FO LLOWING AMOUNTS FOR THE 17
FOLLOWING PURPOSES: 18
(I) $50,000 PER YEAR TO PROVIDE LAND STEWARDSHIP 19
CAPACITY–BUILDING GRANTS OF U P TO $10,000 TO LAND TRUSTS TO SU PPORT 20
MONITORING AND STEWA RDSHIP SCHOLARSHIPS , LAND MONITORING AND 21
STEWARDSHIP EQUIPMEN T, OR ORGANIZATIONAL AC CREDITATION AND 22
CERTIFICATION TRAINI NGS; 23
(II) $50,000 PER YEAR TO PROVIDE LAND STEWARDSHIP 24
IMPROVEMENT GRANTS O F UP TO $10,000 TO LAND TRUSTS TO SU PPORT IMPROVED 25
MONITORING AND STEWA RDSHIP OF AGRICULTUR AL LANDS, FOREST LANDS , OR 26
LANDS FACING A HIGH DEGREE OF THREAT FRO M INVASIVE SPECIES O R THE 27
EFFECTS OF CLIMATE C HANGE; AND 28
(III) $135,000 PER YEAR TO PROVIDE CITIZEN STEWARDSHIP 29
GRANTS OF UP TO $5,000 TO NONPROFIT ORGANIZ ATIONS, COMMUNITY 30
ORGANIZATIONS , SCHOOLS, AND MUNICIPAL CORPOR ATIONS TO ENGAGE 31
COMMUNITY MEMBERS , ESPECIALLY CHILDREN AND YOUNG ADULTS , IN 32
ENVIRONMENTAL EDUCAT ION AND STEWARDSHIP . 33
(2) FUNDS PROVIDED TO THE TRUST UNDER PARAGRAPH (1) OF THIS 34
SUBSECTION ARE SUPPL EMENTAL TO AND ARE N OT INTENDED TO TAKE THE PLACE 35 4 SENATE BILL 470
OF FUNDING THAT WOUL D OTHERWISE BE APPRO PRIATED TO THE TRUST FOR 1
GRANTS ADMINISTERED UNDER THE KEEP MARYLAND BEAUTIFUL PROGRAM. 2
3–212. RESERVED. 3
3–213. RESERVED. 4
PART II. LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 5
3–214. 6
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(B) “ADVISORY COMMITTEE” MEANS THE LAND PRESERVATION RAPID 9
RESPONSE ADVISORY COMMITTEE. 10
(C) “BOARD OF TRUSTEES” MEANS THE BOARD OF TRUSTEES OF THE 11
MARYLAND ENVIRONMENTAL TRUST. 12
(D) “EXECUTIVE COMMITTEE” MEANS THE EXECUTIVE COMMITTEE OF THE 13
MARYLAND ENVIRONMENTAL TRUST. 14
(E) “FUND” MEANS THE LOCAL LAND TRUST REVOLVING LOAN FUND. 15
(F) “PROGRAM” MEANS THE LOCAL LAND TRUST REVOLVING LOAN 16
PROGRAM. 17
3–215. 18
(A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 19
(B) THE PURPOSE OF THE PROGRAM IS TO: 20
(1) SUPPORT THE EFFORTS OF LOCAL LAN D TRUSTS THAT WORK 21
WITH STATE AND LOCAL GOVER NMENTAL ENTITIES AND THAT HAVE DIFFICULTY 22
ACCESSING MONEY FROM EXISTING PROGRAM OPEN SPACE PRESERVATION 23
PROGRAMS IN A TIMELY MANNER; AND 24
(2) PROVIDE REVOLVING LOA NS TO LAND TRUSTS ON A ROLLING 25
BASIS TO ASSIST THE LAND TRUSTS TO PURCH ASE PROPERTY . 26
(C) A LAND TRUST THAT RECE IVES A PROGRAM LOAN TO PURCH ASE 27
PROPERTY IN ACCORDAN CE WITH SUBSECTION (B) OF THIS SECTION SHAL L REPAY 28
THE FUND: 29 SENATE BILL 470 5
(1) AT A RATE TO BE DETER MINED BY THE MARYLAND 1
ENVIRONMENTAL TRUST, NOT TO EXCEED ONE PO INT BELOW THE PRIME INTEREST 2
RATE; AND 3
(2) AFTER THE PROPERTY IS : 4
(I) PLACED UNDER EASEMENT ; OR 5
(II) TRANSFERRED TO A STATE OR LOCAL GOVERN MENTAL 6
ENTITY. 7
(D) THE PROGRAM IS ADMINISTER ED BY THE MARYLAND ENVIRONMENTAL 8
TRUST. 9
(E) (1) THERE IS A LAND PRESERVATION RAPID RESPONSE ADVISORY 10
COMMITTEE. 11
(2) THE PURPOSE OF THE ADVISORY COMMITTEE IS TO: 12
(I) REVIEW AND PRIORITIZE PROGRAM LOAN APPLICAT IONS 13
FOR FINAL APPROVAL B Y THE EXECUTIVE COMMITTEE; AND 14
(II) MAKE RECOMMENDATIONS TO THE EXECUTIVE 15
COMMITTEE ON : 16
1. WHICH PROJECTS TO FUN D, WHETHER IN WHOLE OR 17
IN PART; AND 18
2. THE FUNDING TO BE ALL OCATED TO EACH PROJE CT. 19
(3) THE ADVISORY COMMITTEE CONSISTS OF : 20
(I) A REPRESENTATIVE OF TH E DEPARTMENT , SELECTED BY 21
THE SECRETARY; AND 22
(II) THE FOLLOWING MEMBERS , SELECTED BY THE BOARD OF 23
TRUSTEES: 24
1. A REPRESENTATIVE OF TH E MARYLAND 25
ENVIRONMENTAL TRUST THAT IS NOT A M EMBER OF THE EXECUTIVE COMMITTEE; 26
2. A REPRESENTATIVE OF A NONPROF IT LAND 27
CONSERVATION ORGANIZ ATION IN THE STATE; 28
6 SENATE BILL 470
3. A REPRESENTATIVE OF A LOCAL PARKS AND 1
RECREATION DEPARTMEN T IN THE STATE; AND 2
4. AN INDIVIDUAL WITH EX PERIENCE IN LOAN 3
UNDERWRITING . 4
3–216. 5
(A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN FUND. 6
(B) THE PURPOSE OF THE FUND IS TO FINANCE TH E PROGRAM. 7
(C) THE MARYLAND ENVIRONMENTAL TRUST SHALL ADMINISTE R THE 8
FUND. 9
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 10
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 11
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 12
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 13
(E) THE FUND CONSISTS OF : 14
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 15
(2) INTEREST EARNINGS ; AND 16
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 17
THE BENEFIT OF THE FUND. 18
(F) IN FISCAL YEAR 2025, THE THE GOVERNOR SHALL MAY INCLUDE IN THE 19
ANNUAL BUDGET BILL A N APPROPRIATION OF $10,000,000 TO THE FUND. 20
(G) THE FUND MAY BE USED ONLY TO PROVIDE FUNDING F OR THE 21
PROGRAM. 22
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 23
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 24
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 25
THE FUND. 26
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 27
WITH THE STATE BUDGET . 28
SENATE BILL 470 7
(J) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 1
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 2
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM. 3
5–104. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “CONSERVE” MEANS TO PERMANENTLY PROTECT LAND FROM 7
DEVELOPMENT THROUGH PURCHASE, DONATION, A PERPETUAL CONSERVA TION OR 8
AN OPEN SPACE EASEME NT, OR FEE OWNERSHIP IN ORDER TO PRESERVE TH E 9
CULTURAL, HISTORICAL, ECOLOGICAL, OR AGRICULT URAL VALUE OF THE LA ND. 10
(3) “PROGRAM” MEANS THE 40 X 40 LAND CONSERVATION 11
IMPLEMENTATION GRANT PROGRAM ESTABLISHED U NDER SUBSECTION (C) OF 12
THIS SECTION. 13
(4) “SMART GROWTH SUBCABINET” MEANS THE SMART GROWTH 14
SUBCABINET ESTABLISHE D UNDER § 9–1406 OF THE STATE GOVERNMENT 15
ARTICLE. 16
(5) “TRUST” MEANS THE MARYLAND ENVIRONMENTAL TRUST. 17
(B) (1) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT : 18
(I) BY 2030, 30% OF LANDS IN THE STATE BE CONSERVED ; AND 19
(II) BY 2040, 40% OF LANDS IN THE STATE BE CONSERVED . 20
(2) THE CONSERVATION GOAL S ESTABLISHED UNDER PARAGRAPH 21
(1) OF THIS SUBSECTION S HALL BE ACCOMPLISHED THROUGH MULTIPLE EFF ORTS, 22
INCLUDING: 23
(I) WORKING WITH LOCAL CO MMUNITIES, COUNTIES, 24
MUNICIPALITIES , AMERICAN INDIAN COMMUNITIES , AND PRIVATE LANDOWNERS TO 25
CONSERVE NATURAL PLA CES AND RESOURCES ; 26
(II) IMPROVING ACCESS TO N ATURE FOR ALL INDIVI DUALS IN 27
THE STATE, INCLUDING COMMUNITIE S OF COLOR AND ECONO MICALLY 28
DISADVANTAGED COMMUN ITIES; 29
(III) SEQUESTERING CARBON A ND GREENHOUSE GAS EM ISSIONS 30
IN THE LANDS AND WAT ERS OF THE STATE; 31 8 SENATE BILL 470
(IV) INCREASING PUBLIC INC ENTIVES FOR PRIVATE 1
LANDOWNERS TO VOLUNT ARILY CONSERVE AND P ROTECT AREAS OF 2
DEMONSTRATED CONSERV ATION VALUE AND AREA S THAT HAVE A HIGH C APACITY 3
TO SEQUESTER CARBON AND GREENHOUSE GAS EMISSIONS; 4
(V) FOCUSING CONSERVATION WORK AT A LARGE LAND SCAPE 5
SCALE THAT IS BIOLOG ICALLY AND ECOLOGICA LLY MEANINGFUL ; 6
(VI) PREVENTING THE EXTINC TION OF NATIVE PLANT AND 7
ANIMAL SPECIES BY RE COVERING AND RESTORI NG THE SPECIES; 8
(VII) STABILIZING ECOSYSTEMS AND ECOSY STEM SERVICES , 9
RESTORING DEGRADED E COSYSTEMS, AND MAINTAINING ECOL OGICAL FUNCTIONS ; 10
AND 11
(VIII) INCREASING ECONOMIC O PPORTUNITIES FOR FAR MERS, 12
RANCHERS, FISHERS, AND FORESTERS . 13
(C) (1) THE TRUST SHALL ADMINISTE R A 40 X 40 LAND CONSERVATION 14
IMPLEMENTATION GRANT PROGRAM TO SUPPORT IM PLEMENTATION OF THE 15
GOALS ESTABLISHED UN DER SUBSECTION (B) OF THIS SECTION. 16
(2) PROGRAM GRANTS SHALL : 17
(I) BE AWARDED EACH YEAR ON A COMPETITIVE BAS IS TO A 18
STATEWIDE NONPROFIT ORGANIZATION THAT FO CUSES ON SUPPORTING TH E 19
PERMANENT CONSERVATI ON OF THE LANDS OF T HE STATE; AND 20
(II) PROVIDE AT LEAST : 21
1. $150,000 TO THE GRANT RECIPIE NT FOR THE 22
PURPOSE OF PROVIDING TOOLS AND RESOURCES , ORGANIZATIONAL SUPPO RT, AND 23
CAPACITY BUILDING TO LOCAL LAND TR USTS; AND 24
2. $100,000 TO THE GRANT RECIPIE NT FOR THE 25
PURPOSE OF PROVIDING STATEWIDE EDUCATIONA L CONFERENCES AND TR AININGS 26
FOR LOCAL LAND TRUST S ON THE TOPICS OF E ASEMENT ACQUISITION , 27
CONSERVATION PROGRAM S AND TOOLS, LAND MANAGEMENT AND STEWARDSHIP , 28
AND OTHER RELEVANT SUB JECTS. 29
(3) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 30
GOVERNOR SHALL MAY INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION 31 SENATE BILL 470 9
OF $250,000 TO THE TRUST FOR THE PURPOSE OF PROVIDING THE GRA NTS 1
REQUIRED UNDER THIS SUBSECTION. 2
(D) (1) IN ORDER TO MEET THE CONSERVATION GOALS E STABLISHED 3
UNDER SUBSECTION (B) OF THIS SECTION , THE SMART GROWTH SUBCABINET, IN 4
COORDINATION WITH RE LEVANT STAKEHOLDERS , SHALL: 5
(I) COORDINATE THE ACTION S OF STATE AGENCIES , LOCAL 6
GOVERNMENTS , AND NONGOVERNMENTAL PARTNERS; 7
(II) ON OR BEFORE JULY 1, 2024, DEVELOP AND PUBLISH A 8
PLAN TO MEET THE STATE’S CONSERVATION GOALS A ND UPDATE THE PLAN A S 9
NEEDED, BUT NOT LESS THAN EV ERY 5 YEARS THEREAFTER ; AND 10
(III) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 11
1 THEREAFTER , REPORT TO THE SENATE EDUCATION, ENERGY, AND THE 12
ENVIRONMENT COMMITTEE AND THE HOUSE ENVIRONMENT AND 13
TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 14
GOVERNMENT ARTICLE, ON THE STATE’S PROGRESS TOWARD ME ETING THE 15
CONSERVATION GOALS . 16
(2) THE SMART GROWTH SUBCABINET SHALL MAKE THE ANNUAL 17
REPORT REQUIRED UNDE R PARAGRAPH (1)(III) OF THIS SUBSECTION A VAILABLE ON 18
ITS WEBSITE. 19
Article – State Finance and Procurement 20
6–226. 21
(a) (2) (i) Notwithstanding any other provision of law, and unless 22
inconsistent with a federal law, grant agreement, or other federal requirement or with the 23
terms of a gift or settlement agreement, net interest on all State money allocated by the 24
State Treasurer under this section to special funds or accounts, and otherwise entitled to 25
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 26
Fund of the State. 27
(ii) The provisions of subparagraph (i) of this paragraph do not apply 28
to the following funds: 29
170. the Cannabis Public Health Fund; [and] 30
171. the Community Reinvestment and Repair Fund; AND 31
172. THE LOCAL LAND TRUST REVOLVING LOAN FUND. 32
10 SENATE BILL 470
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Tax – Property 3
13–209. 4
(f) (1) (i) Except as provided in subparagraphs (ii) and (iii) of this 5
paragraph, for any fiscal year in which the actual transfer tax revenue collections are 6
greater than the revenue estimates used as the basis for the appropriations required under 7
this section for the fiscal year, the amount of the excess shall be allocated to the special 8
fund under subsection (a) of this section as provided under subsections (c) and (d) of this 9
section for the second fiscal year following the fiscal year in which there is an excess. 10
(ii) 1. Notwithstanding subparagraph (i) of this paragraph or 11
any other provision of law, $21,776,868 of the transfer tax collected but not appropriated 12
or transferred in fiscal 2004 shall be transferred to the General Fund of the State. 13
2. NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 14
PARAGRAPH OR ANY OTH ER PROVISION OF LAW , IF IN FISCAL YEAR 2023 THE 15
ACTUAL TRANSFER TAX REVENUE COLLECTIONS ARE GREATER THAN THE REVENUE 16
ESTIMATES USED AS TH E BASIS FOR THE APPR OPRIATIONS REQUIRED UNDER THIS 17
SECTION FOR FISCAL Y EAR 2025, THE AMOUNT OF THE EX CESS MAY BE ALLOCATE D 18
TO THE LOCAL LAND TRUST REVOLVING LOAN FUND. 19
(iii) Notwithstanding subparagraph (i) of this paragraph or any other 20
provision of law, in any fiscal year in which an appropriation or transfer is made from the 21
special fund to the General Fund, if the actual transfer tax revenue collections for the prior 22
fiscal year exceed the budget estimate for the prior fiscal year, the excess shall be allocated 23
in the current fiscal year for Program Open Space, the Agricultural Land Preservation 24
Fund, the Rural Legacy Program, and the Heritage Conservation Fund. Funds made 25
available under this subparagraph shall be allocated as provided under subsection (d) of 26
this section. 27
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2023. Section 3 of this Act shall remain effective for a period of 3 years and, at 29
the end of September 30, 2026, Section 3 of this Act, with no further action required by the 30
General Assembly, shall be abrogated and of no further force and effect. 31