Maryland 2023 Regular Session

Maryland Senate Bill SB470 Latest Draft

Bill / Chaptered Version Filed 05/10/2023

                             	WES MOORE, Governor 	Ch. 546 
 
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Chapter 546 
(Senate Bill 470) 
 
AN ACT concerning 
 
Natural Resources – Land Conservation – Establishment of Goals and Programs 
(Maryland the Beautiful Act) 
 
FOR the purpose of establishing certain goals and programs related to land conservation; 
establishing the Local Land Trust Revolving Loan Program to provide loans to 
certain land trusts to purchase land for conservation purposes; authorizing the 
Maryland Environmental Trust to exercise certain remedies under certain 
circumstances; prohibiting a person from making any false statements affecting a 
Local Land Trust Revolving Loan Program loan; providing that a person who violates 
certain provisions of law is subject to certain penalties; establishing the Local Land 
Trust Revolving Loan Fund as a special, nonlapsing fund; requiring interest 
earnings of the Fund to be credited to the Fund; requiring authorizing the Governor, 
beginning in a certain fiscal year, to include in the annual budget bill a certain 
appropriation to the Maryland Environmental Trust to be used to provide certain 
grants through the Keep Maryland Beautiful Program; establishing the 40 x 40 Land 
Conservation Implementation Grant Program to support implementation of land 
conservation goals; authorizing certain excess revenue from the transfer tax 
collected in a certain fiscal year to be allocated to the Local Land Trust Revolving 
Loan Fund; and generally relating to land conservation in the State.  
 
BY adding to 
 Article – Natural Resources 
New part designation “Part I. General Provisions” to immediately precede Section 
3–201; Section 3–214 through 3–216 3–217 to be under the new part “Part II. 
Local Land Trust Revolving Loan Program”; and 5–104 
Annotated Code of Maryland 
 (2018 Replacement Volume and 2022 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Natural Resources 
Section 3–210 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2022 Supplement) 
 
BY repealing and reenacting, without amendments, 
 Article – State Finance and Procurement 
Section 6–226(a)(2)(i) 
 Annotated Code of Maryland 
 (2021 Replacement Volume and 2022 Supplement) 
 
BY repealing and reenacting, with amendments,  Ch. 546 	2023 LAWS OF MARYLAND  
 
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 Article – State Finance and Procurement 
Section 6–226(a)(2)(ii)170. and 171. 
 Annotated Code of Maryland 
 (2021 Replacement Volume and 2022 Supplement) 
 
BY adding to 
 Article – State Finance and Procurement 
Section 6–226(a)(2)(ii)172. 
 Annotated Code of Maryland 
 (2021 Replacement Volume and 2022 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Tax – Property 
Section 13–209(f)(1) 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2022 Supplement)  
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the new part designation “Part I. General Provisions” be added to immediately 
precede Section 3–201 of Article – Natural Resources of the Annotated Code of Maryland. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 
as follows: 
 
Article – Natural Resources 
 
3–210. 
 
 (A) (1) Any function or activity of the Governor’s Committee to Keep Maryland 
Beautiful is transferred to the Trust.  
 
 (2) These functions and activities include, by way of enumeration and not 
limitation: 
 
 [(1)] (I) Educating Maryland citizens and visitors in their individual 
responsibility in litter prevention and care of the out–of–doors through a two–fold 
approach: 
 
 [(i)] 1. Awareness–publicity through radio, TV, newspapers, and 
other public media; and 
 
 [(ii)] 2. Action–cleanup and beautification projects carried out by 
civic organizations, county committees, and community groups in cooperation with public 
agencies; 
   	WES MOORE, Governor 	Ch. 546 
 
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 [(2)] (II) Efficient use of public and private funds spent on cleaning up 
highways, parks, beaches, and other public and private property; 
 
 [(3)] (III) Increasing beauty through stimulation of private business, 
community, and public planting projects; and 
 
 [(4)] (IV) Stimulating pride and appreciation for home, community, and 
State. 
 
 (B) (1) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 
GOVERNOR SHALL MAY INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION 
OF $235,000 TO THE TRUST, TO BE USED IN THE FO LLOWING AMOUNTS FOR THE 
FOLLOWING PURPOSES : 
 
 (I) $50,000 PER YEAR TO PROVIDE LAND STEWARDSHIP 
CAPACITY–BUILDING GRANTS OF U P TO $10,000 TO LAND TRUSTS TO SU PPORT 
MONITORING AND STEWA RDSHIP SCHOLARSHIPS , LAND MONITORING AND 
STEWARDSHIP EQUIPMEN T, OR ORGANIZATIONAL AC CREDITATION AND 
CERTIFICATION TRAINI NGS;  
 
 (II) $50,000 PER YEAR TO PROVIDE LAND STEWARDSHIP 
IMPROVEMENT GRANTS O F UP TO $10,000 TO LAND TRUSTS TO SU PPORT IMPROVED 
MONITORING AND STEWA RDSHIP OF AGRICULTUR AL LANDS, FOREST LANDS , OR 
LANDS FACING A HIGH DEGREE OF THREAT FRO M INVASIVE SPECIES O R THE 
EFFECTS OF CLIMATE C HANGE; AND 
 
 (III) $135,000 PER YEAR TO PROVIDE CITIZEN STEWARDSHIP 
GRANTS OF UP TO $5,000 TO NONPROFIT ORGANIZ ATIONS, COMMUNITY 
ORGANIZATIONS , SCHOOLS, AND MUNICIPAL CORPOR ATIONS TO ENGAGE 
COMMUNITY MEMBERS , ESPECIALLY CHILDREN AND YOUNG ADULTS , IN 
ENVIRONMENTAL EDUCAT ION AND STEWARDSHIP .  
 
 (2) FUNDS PROVIDED TO THE TRUST UNDER PARAGRAPH (1) OF THIS 
SUBSECTION ARE SUPPL EMENTAL TO AND ARE N OT INTENDED TO TAKE THE PLA CE 
OF FUNDING THAT WOUL D OTHERWISE BE APPRO PRIATED TO THE TRUST FOR 
GRANTS ADMINISTERED UNDER THE KEEP MARYLAND BEAUTIFUL PROGRAM.  
 
3–212. RESERVED. 
 
3–213. RESERVED. 
 
PART II. LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 
 
3–214.  Ch. 546 	2023 LAWS OF MARYLAND  
 
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 (A) IN THIS PART THE FOLLOW ING WORDS HAVE THE M EANINGS 
INDICATED. 
 
 (B) “ADVISORY COMMITTEE” MEANS THE LAND PRESERVATION RAPID 
RESPONSE ADVISORY COMMITTEE. 
 
 (C) “BOARD OF TRUSTEES” MEANS THE BOARD OF TRUSTEES OF THE 
MARYLAND ENVIRONMENTAL TRUST. 
 
 (D) “EXECUTIVE COMMITTEE” MEANS THE EXECUTIVE COMMITTEE OF THE 
MARYLAND ENVIRONMENTAL TRUST. 
 
 (E) “FUND” MEANS THE LOCAL LAND TRUST REVOLVING LOAN FUND. 
 
 (F) “LAND TRUST” HAS THE MEANING STAT ED IN § 3–2A–01 OF THIS 
ARTICLE. 
 
 (G) “PROGRAM” MEANS THE LOCAL LAND TRUST REVOLVING LOAN 
PROGRAM. 
 
 (H) “TRUST” MEANS THE MARYLAND ENVIRONMENTAL TRUST.  
 
3–215. 
 
 (A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN PROGRAM. 
 
 (B) THE PURPOSE OF THE PROGRAM IS TO:  
 
 (1) SUPPORT THE EFFORTS O F LOCAL LAND TRUSTS THAT WORK 
WITH STATE AND LOCAL GOVER NMENTAL ENTITIES AND THAT HAVE DIFFIC ULTY 
ACCESSING MONEY FROM EXISTING PROGRAM OPEN SPACE PRESERVATION 
PROGRAMS IN A TIMELY MANNER; AND 
 
 (2) PROVIDE REVOLVING LOA NS TO LAND TRU STS ON A ROLLING 
BASIS TO ASSIST THE LAND TRUSTS TO PURCH ASE FEE SIMPLE OR EASEME NT 
INTERESTS IN REAL PROPERTY FOR CONSERVATION PUR POSES. 
 
 (C) (1) THE TRUST SHALL:  
 
 (I) ADMINISTER THE PROGRAM; AND 
   	WES MOORE, Governor 	Ch. 546 
 
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 (II) ESTABLISH APPLICATION PROCEDURES AND ELIGIBILITY 
CRITERIA FOR PROGRAM LOANS . 
 
 (2) IF THE TRUST APPROVES AN APP LICANT’S REQUEST FOR A 
PROGRAM LOAN , THE TRUST SHALL: 
 
 (I) PREPARE THE LOAN DOCU MENTS; AND 
 
 (II) ESTABLISH THE TERMS A ND CONDITIONS FOR TH E LOAN.  
 
 (C) (D) A LAND TRUST THAT RECEIVES A PROGRAM LOAN TO PURCH ASE 
PROPERTY IN ACCORDAN CE WITH SUBSECTION (B) OF THIS SECTION SHAL L REPAY 
THE FUND:  
 
 (1) AT A RATE TO BE DETER	MINED BY THE MARYLAND 
ENVIRONMENTAL TRUST, NOT TO EXCEED ONE PO INT BELOW THE PRIME INTEREST 
RATE; AND 
 
 (2) AFTER THE PROPERTY IS : 
 
 (I) PLACED UNDER A CONSERVATION EASEMENT; OR 
 
 (II) TRANSFERRED TO A STATE OR LOCAL GOVERN MENTAL 
ENTITY.  
 
 (D) THE PROGRAM IS ADMINISTER ED BY THE MARYLAND ENVIRONMENTAL 
TRUST.  
 
 (E) NOTHING IN THIS SECTI ON OBLIGATES A STATE OR LOCAL 
GOVERNMENT ENTITY TO ACCEPT OR PURCHASE F ROM A LAND TRUST A 
CONSERVATION EASEMEN T OR TRANSFERRED PRO PERTY PURCHASED WITH A 
PROGRAM LOAN . 
 
 (F) NOTWITHSTANDING SUBSE CTION (D)(2) OF THIS SECTION , A LAND 
TRUST SHALL REPAY A PROGRAM LOAN AND ANY ACCRUED INTEREST WITHIN 5 
YEARS AFTER RECEIVIN G THE PROGRAM LOAN , UNLESS THE BOARD OF TRUSTEES 
APPROVES AN EXTENSIO N OF TIME BASED ON E XTENUATING CIRCUMSTA NCES. 
 
 (G) IF A LAND TRUST VIOLA TES ANY PROVISION OF THE LOAN DOCUMENTS 
OR CEASES TO MEET TH E REQUIREMENTS OF THIS SUBTITLE , ON REASONABLE 
NOTICE TO THE LAND T RUST, THE TRUST MAY EXERCISE AN Y REMEDY AVAILABLE 
UNDER LAW, INCLUDING ANY REMEDI ES PROVIDED FOR IN T HE LOAN DOCUMENTS . 
  Ch. 546 	2023 LAWS OF MARYLAND  
 
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 (H) (1) A PERSON MAY NOT KNOWI NGLY MAKE OR CAUSE T O BE MADE ANY 
FALSE STATEMENT OR REPORT, INCLUDING ANY UNDERS TATEMENT OR 
OVERSTATEMENT OF FIN ANCIAL CONDITION FOR A NEW LOAN OR AFFECT ING A LOAN 
ALREADY MADE UNDER T HIS SUBTITLE: 
 
 (I) IN ANY APPLICATION OR IN ANY DOCUMENT FURN ISHED TO 
THE TRUST; OR 
 
 (II) FOR THE PURPOSE OF IN FLUENCING THE ACTION OF TH E 
TRUST ON AN APPLICATI ON FOR FINANCIAL ASS ISTANCE OR FOR THE P URPOSE OF 
INFLUENCING ANY ACTI ON OF THE TRUST AFFECTING FINAN CIAL ASSISTANCE 
WHETHER OR NOT SUCH ASSISTANCE MAY HAVE ALREADY BEEN EXTENDE D. 
 
 (2) ANY PERSON, AIDER, OR ABETTOR WHO VIOLATES ANY PROVISION 
OF THIS SUBTITLE IS GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT 
TO A FINE NOT EXCEED ING $50,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR 
BOTH. 
 
3–216.  
 
 (E) (A) (1) THERE IS A LAND PRESERVATION RAPID RESPONSE 
ADVISORY COMMITTEE. 
 
 (2) (B) THE PURPOSE OF THE ADVISORY COMMITTEE IS TO:  
 
 (I) (1)  REVIEW AND PRIORITIZE PROGRAM LOAN 
APPLICATIONS FOR FINAL APPROVAL BY TH E EXECUTIVE COMMITTEE 
CONSIDERATION BY THE BOARD OF TRUSTEES; AND  
 
 (II) (2) MAKE RECOMMEND ATIONS TO THE EXECUTIVE 
COMMITTEE BOARD OF TRUSTEES ON:  
 
 1. (I) WHICH PROJECTS TO FUN D, WHETHER IN WHOLE OR 
IN PART; AND  
 
 2. (II) THE FUNDING TO BE ALL OCATED TO EACH PROJE CT. 
 
 (3) (C) THE ADVISORY COMMITTEE CONSISTS OF : 
 
 (I) (1)  A REPRESENTATIVE OF TH E DEPARTMENT , 
SELECTED BY THE SECRETARY; AND 
   	WES MOORE, Governor 	Ch. 546 
 
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 (II) (2) THE FOLLOWING MEMBERS , SELECTED BY THE 
BOARD OF TRUSTEES: 
 
 1. (I) A REPRESENTATIVE OF TH	E MARYLAND 
ENVIRONMENTAL TRUST THAT IS NOT A M EMBER OF THE EXECUTIVE COMMITTEE; 
 
 2. (II) A REPRESENTATIVE OF A NONPROFIT LAND 
CONSERVATION ORGANIZ ATION IN THE STATE;  
 
 3. (III) A REPRESENTATIVE OF A LOCAL PARKS AND 
RECREATION DEPARTMEN T IN THE STATE; AND 
 
 4. (IV) AN INDIVIDUAL WITH EX PERIENCE IN LOAN 
UNDERWRITING . 
 
3–216. 3–217. 
 
 (A) THERE IS A LOCAL LAND TRUST REVOLVING LOAN FUND. 
 
 (B) THE PURPOSE OF THE FUND IS TO FINANCE TH E PROGRAM. 
 
 (C) THE MARYLAND ENVIRONMENTAL TRUST SHALL ADMINISTE R THE 
FUND. 
 
 (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 
 
 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 
 
 (E) THE FUND CONSISTS OF : 
 
 (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 
 
 (2) INTEREST EARNINGS ; AND 
 
 (3) REPAYMENTS OF PRINCIP AL AND INTEREST FROM LOANS MADE 
UNDER THE PROGRAM; AND 
 
 (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 
THE BENEFIT OF THE FUND. 
  Ch. 546 	2023 LAWS OF MARYLAND  
 
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 (F) IN FISCAL YEAR 2025, THE THE GOVERNOR SHALL MAY INCLUDE IN THE 
ANNUAL BUDGET BILL A N APPROPRIATION OF $10,000,000 TO THE FUND. 
 
 (G) THE FUND MAY BE USED ONLY TO PROVIDE FUNDING F OR THE 
PROGRAM. 
 
 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE INVESTED. 
 
 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 
THE FUND. 
 
 (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 
WITH THE STATE BUDGET . 
 
 (J) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 
SUPPLEMENTAL TO AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THA T 
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM. 
 
5–104. 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 
INDICATED. 
 
 (2) “CONSERVE” MEANS TO PERMANENTLY PROTECT LAND FROM 
DEVELOPMENT THROUGH PURCHASE, DONATION, A PERPETUAL CONSERVA TION OR 
AN OPEN SPACE EASEME NT, OR FEE OWNERSHIP IN ORDER TO PRESERVE TH E 
CULTURAL, HISTORICAL, ECOLOGICAL, OR AGRICULTURAL VALU E OF THE LAND. 
 
 (3) “PROGRAM” MEANS THE 40 X 40 LAND CONSERVATION 
IMPLEMENTATION GRANT PROGRAM ESTABLISHED U NDER SUBSECTION (C) OF 
THIS SECTION. 
 
 (4) “SMART GROWTH SUBCABINET” MEANS THE SMART GROWTH 
SUBCABINET ESTABLISHE D UNDER § 9–1406 OF THE STATE GOVERNMENT 
ARTICLE.  
 
 (5) “TRUST” MEANS THE MARYLAND ENVIRONMENTAL TRUST.  
 
 (B) (1) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT :  
 
 (I) BY 2030, 30% OF LANDS IN THE STATE BE CONSERVED ; AND   	WES MOORE, Governor 	Ch. 546 
 
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 (II) BY 2040, 40% OF LANDS IN THE STATE BE CONSERVED . 
 
 (2) THE CONSERVATION GOAL S ESTABLISHED UNDER PARAGRAPH 
(1) OF THIS SUBSECTION S HALL BE ACCOMPLISHED THROUGH MU LTIPLE EFFORTS , 
INCLUDING: 
 
 (I) WORKING WITH LOCAL CO	MMUNITIES, COUNTIES, 
MUNICIPALITIES , AMERICAN INDIAN COMMUNITIES , AND PRIVATE LANDOWNE RS TO 
CONSERVE NATURAL PLA CES AND RESOURCES ;  
 
 (II) IMPROVING ACCESS TO N ATURE FOR ALL INDI VIDUALS IN 
THE STATE, INCLUDING COMMUNITIE S OF COLOR AND ECONO	MICALLY 
DISADVANTAGED COMMUN ITIES; 
 
 (III) SEQUESTERING CARBON A ND GREENHOUSE GAS EM ISSIONS 
IN THE LANDS AND WAT ERS OF THE STATE; 
 
 (IV) INCREASING PUBLIC INC ENTIVES FOR PRIVATE 
LANDOWNERS T O VOLUNTARILY CONSER VE AND PROTECT AREAS OF 
DEMONSTRATED CONSERV ATION VALUE AND AREA S THAT HAVE A HIGH C APACITY 
TO SEQUESTER CARBON AND GREENHOUSE GAS E MISSIONS; 
 
 (V) FOCUSING CONSERVATION WORK AT A LARGE LAND SCAPE 
SCALE THAT IS BIOLOG ICALLY AND ECOLOGI CALLY MEANINGFUL ; 
 
 (VI) PREVENTING THE EXTINC TION OF NATIVE PLANT AND 
ANIMAL SPECIES BY RE COVERING AND RESTORI NG THE SPECIES; 
 
 (VII) STABILIZING ECOSYSTEM S AND ECOSYSTEM SERV ICES, 
RESTORING DEGRADED E COSYSTEMS, AND MAINTAINING ECOL OGICAL FUNCTIONS ; 
AND  
 
 (VIII) INCREASING ECONOMIC O PPORTUNITIES FOR FAR MERS, 
RANCHERS, FISHERS, AND FORESTERS . 
 
 (C) (1) THE TRUST SHALL ADMINISTE R A 40 X 40 LAND CONSERVATION 
IMPLEMENTATION GRANT PROGRAM TO SUPPORT IM PLEMENTATION OF THE 
GOALS ESTABLISHED UN DER SUBSECTION (B) OF THIS SECTION. 
 
 (2) PROGRAM GRANTS SHALL : 
  Ch. 546 	2023 LAWS OF MARYLAND  
 
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 (I) BE AWARDED EACH YEAR ON A COMPETITIVE BAS IS TO A 
STATEWIDE NONPROFIT ORGANIZATI ON THAT FOCUSES ON S UPPORTING THE 
PERMANENT CONSERVATI ON OF THE LANDS OF T HE STATE; AND 
 
 (II) PROVIDE AT LEAST:  
 
 1. $150,000 TO THE GRANT RECIPIE NT FOR THE 
PURPOSE OF PROVIDING TOOLS AND RESOURCES , ORGANIZATIONAL SUPPO RT, AND 
CAPACITY BUILDING TO LOCAL LAND TRUSTS ; AND 
 
 2. $100,000 TO THE GRANT RECIPIE NT FOR THE 
PURPOSE OF PROVIDING STATEWIDE EDUCATI ONAL CONFERENCES AND TRAININGS 
FOR LOCAL LAND TRUST S ON THE TOPICS OF E ASEMENT ACQUISITION , 
CONSERVATION PROGRAM S AND TOOLS, LAND MANAGEMENT AND STEWARDSHIP , 
AND OTHER RELEVANT S UBJECTS.  
 
 (3) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 
GOVERNOR SHALL MAY INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION 
OF $250,000 TO THE TRUST FOR THE PURPOSE OF PROVIDING THE GRA NTS 
REQUIRED UNDER THIS SUBSECTION.  
 
 (D) (1) IN ORDER TO MEET THE CONSERVATION GOALS E STABLISHED 
UNDER SUBSECTION (B) OF THIS SECTION, THE SMART GROWTH SUBCABINET, IN 
COORDINATION WITH RE LEVANT STAKEHOLDERS , SHALL: 
 
 (I) COORDINATE THE ACTION S OF STATE AGENCIES , LOCAL 
GOVERNMENTS , AND NONGOVERNMENTAL PARTNERS; 
 
 (II) ON OR BEFORE JULY 1, 2024, DEVELOP AND PUBLISH A 
PLAN TO ME ET THE STATE’S CONSERVATION GOALS AND UPDATE THE PLAN AS 
NEEDED, BUT NOT LESS THAN EV ERY 5 YEARS THEREAFTER ; AND 
 
 (III) ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 
1 THEREAFTER , REPORT TO THE SENATE EDUCATION, ENERGY, AND THE 
ENVIRONMENT COMMITTEE AND THE HOUSE ENVIRONMENT AND 
TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 
GOVERNMENT ARTICLE, ON THE STATE’S PROGRESS TOWARD ME ETING THE 
CONSERVATION GOALS . 
 
 (2) THE SMART GROWTH SUBCABINET SHALL MAKE THE ANNUAL 
REPORT REQUIRED UND ER PARAGRAPH (1)(III) OF THIS SUBSECTION A VAILABLE ON 
ITS WEBSITE.   	WES MOORE, Governor 	Ch. 546 
 
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Article – State Finance and Procurement 
 
6–226. 
 
 (a) (2) (i) Notwithstanding any other provision of law, and unless 
inconsistent with a federal law, grant agreement, or other federal requirement or with the 
terms of a gift or settlement agreement, net interest on all State money allocated by the 
State Treasurer under this section to special funds or accounts, and otherwise entitled to 
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 
Fund of the State. 
 
 (ii) The provisions of subparagraph (i) of this paragraph do not apply 
to the following funds: 
 
 170. the Cannabis Public Health Fund; [and] 
 
 171. the Community Reinvestment and Repair Fund; AND 
 
 172. THE LOCAL LAND TRUST REVOLVING LOAN FUND. 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 
as follows: 
 
Article – Tax – Property 
 
13–209. 
 
 (f) (1) (i) Except as provided in subparagraphs (ii) and (iii) of this 
paragraph, for any fiscal year in which the actual transfer tax revenue collections are 
greater than the revenue estimates used as the basis for the appropriations required under 
this section for the fiscal year, the amount of the excess shall be allocated to the special 
fund under subsection (a) of this section as provided under subsections (c) and (d) of this 
section for the second fiscal year following the fiscal year in which there is an excess. 
 
 (ii) 1. Notwithstanding subparagraph (i) of this paragraph or 
any other provision of law, $21,776,868 of the transfer tax collected but not appropriated 
or transferred in fiscal 2004 shall be transferred to the General Fund of the State. 
 
 2. NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 
PARAGRAPH OR ANY OTH ER PROVISION OF LAW , IF IN FISCAL YEAR 2023 THE 
ACTUAL TRANSFER TAX REVENUE COLLECTIONS ARE GREATER THAN THE REVENUE 
ESTIMATES USED AS TH E BASIS FOR THE APPR OPRIATIONS REQUIRED UNDER THIS 
SECTION FOR FISCAL YEAR 2025 2023, THE AMOUNT OF THE EX CESS MAY BE  Ch. 546 	2023 LAWS OF MARYLAND  
 
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ALLOCATED TO THE LOCAL LAND TRUST REVOLVING LOAN FUND IN FISCAL YEAR 
2025. 
 
 (iii) Notwithstanding subparagraph (i) of this paragraph or any other 
provision of law, in any fiscal year in which an appropriation or transfer is made from the 
special fund to the General Fund, if the actual transfer tax revenue collections for the prior 
fiscal year exceed the budget estimate for the prior fiscal year, the excess shall be allocated 
in the current fiscal year for Program Open Space, the Agricultural Land Preservation 
Fund, the Rural Legacy Program, and the Heritage Conservation Fund. Funds made 
available under this subparagraph shall be allocated as provided under subsection (d) of 
this section.  
 
 SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2023. Section 3 of this Act shall remain effective for a period of 3 years and, at 
the end of September 30, 2026, Section 3 of this Act, with no further action required by the 
General Assembly, shall be abrogated and of no further force and effect. 
 
Approved by the Governor, May 8, 2023.