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.
*sb0836*
SENATE BILL 836
M4 3lr2655
CF HB 950
By: Senator Brooks
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 6, 2023
CHAPTER ______
AN ACT concerning 1
Maryland Native Plants Program 2
FOR the purpose of establishing the Maryland Native Plants Program to encourage and 3
promote the use and sale of plants native to Maryland at certain businesses and to 4
educate the public on native plants; requiring the University of Maryland Extension 5
Department of Agriculture to administer the Program in coordination with the 6
Department of Agriculture University of Maryland Extension; requiring the 7
University of Maryland Extension to hire an extension agent to serve as a native 8
plant specialist for certain educational purposes; requiring the Department of 9
Agriculture to create and maintain a certain voluntary certification program and a 10
marketing program in a certain manner; requiring the University of Maryland 11
Extension to create a certain website on native plants and requiring the Department 12
of Natural Resources to include a link to the website on the Department of Natural 13
Resources’ native plants website; and generally relating to plants native to 14
Maryland. 15
BY adding to 16
Article – Agriculture 17
Section 10–401 through 10–407 to be under the new subtitle “Subtitle 4. Maryland 18
Native Plants Program” 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2022 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23 2 SENATE BILL 836
Article – Agriculture 1
SUBTITLE 4. MARYLAND NATIVE PLANTS PROGRAM. 2
10–401. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) “COMMERCIAL MARYLAND NATIVE PLANT LIST” MEANS A LIST OF 6
PLANTS THAT ARE NATI VE TO MARYLAND THAT ARE COM MERCIALLY AVAILABLE 7
AND APPROPRIATE FOR GROWING IN RESIDENTI AL OR COMMERCIAL LAN DSCAPES. 8
(C) (1) “NATIVE PLANT” MEANS A PLANT THAT O CCURS NATURALLY IN 9
THE STATE AND SURROUNDING REGION, ECOSYSTEM, AND HABITAT , WITHOUT 10
DIRECT OR IND IRECT HUMAN ACTIONS . 11
(2) “NATIVE PLANT” INCLUDES A PLANT THA T: 12
(I) WAS PRESENT BEFORE EUROPEAN SETTLEMENT ; OR 13
(II) IS LISTED AS NATIVE T O MARYLAND ON THE MARYLAND 14
PLANT ATLAS WEBSITE. 15
(3) “NATIVE PLANT” DOES NOT INCLUDE A P LANT THAT IS A NAMED 16
OR UNNAMED CULTIVAR OR HYBRID. 17
(D) “NATIVE PLANT SPECIALIST” MEANS THE UNIVERSITY OF MARYLAND 18
EXTENSION AGENT HIRED UNDER § 10–403 OF THIS SUBTITLE. 19
(E) “PROGRAM” MEANS THE MARYLAND NATIVE PLANTS PROGRAM. 20
10–402. 21
(A) THERE IS A MARYLAND NATIVE PLANTS PROGRAM. 22
(B) THE PURPOSE OF THE PROGRAM IS TO: 23
(1) ENCOURAGE AND PROMOTE THE RESPOND TO THE INCREA SING 24
DEMAND FOR , USE OF, AND SALE OF NATIVE P LANTS BY RETAIL GARD EN CENTERS, 25
RETAIL NURSERIES , AND WHOLESALE NURSER IES; AND 26
(2) EDUCATE THE PUBLIC, LANDSCAPERS , AND OTHER PLANT USER S 27
ON THE IMPORTANCE , BENEFIT, AND AVAILABILITY OF NATIVE PLANTS . 28 SENATE BILL 836 3
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 2
(2) THE UNIVERSITY OF MARYLAND EXTENSION SHALL ADMIN ISTER 3
THE EDUCATIONAL COMPONEN TS OF THE PROGRAM IN COORDINATI ON WITH THE 4
DEPARTMENT AND OTHER AGENCIES . 5
10–403. 6
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL HIRE AN 7
EXTENSION AGENT TO S ERVE AS A NATIVE PLANT SPECIALIST. 8
(2) THE INDIVIDUAL HIRED TO SERVE AS THE NATIVE PLANT 9
SPECIALIST MUST HAVE EXPERTISE IN NATIVE PLANTS. 10
(B) THE NATIVE PLANT SPECIALIST SHALL : 11
(1) ASSIST THE UNIVERSITY OF MARYLAND EXTENSION IN 12
FULFILLING ANY EDUCATIONAL AN D PROFESSIONAL TRAIN ING RESPONSIBILITIES 13
RELATED TO THE PROGRAM; 14
(2) COORDINATE WITH THE DEPARTMENT IN THE ADMINISTRATIO N 15
TO DELIVER EDUCATION AL COMPONENTS OF THE PROGRAM; 16
(3) ESTABLISH AND MAINTAI N PROVIDE INPUT AND EXP ERTISE TO 17
THE DEPARTMENT IN T HE DEVELOPMENT OF THE COMMERCIAL MARYLAND 18
NATIVE PLANT LIST DEVELOPED UNDER § 10–404 OF THIS SUBTITLE; 19
(4) PROVIDE GUIDANCE INPUT AND EXPERTISE TO THE 20
DEPARTMENT ON THE DEV ELOPMENT OF A LIST O F CERTIFIED MARYLAND NATIVE 21
PLANT GROWERS AND RE TAILERS DEVEL OPED UNDER § 10–405 OF THIS SUBTITLE; 22
(5) TEACH GROWERS AND OTHER STAKEHOLDE RS ABOUT 23
TECHNIQUES FOR GROWI NG NATIVE PLANTS ; AND 24
(6) COORDINATE EDUCATION , APPLIED RESEARCH , AND OUTREACH 25
TO TEACH THE PUBLIC , LANDSCAPERS , AND OTHER PLANT USER S ABOUT THE 26
IMPORTANCE , BENEFIT, AND AVAILABILITY OF NATIVE PLANTS . 27
10–404. 28
(A) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH 29
SHALL PROVIDE INPUT TO THE DEPARTMENT , WHO SHALL RECEIVE IN PUT FROM 30 4 SENATE BILL 836
THE DEPARTMENT OF NATURAL RESOURCES, AND THE MARYLAND NATIVE PLANT 1
SOCIETY, SHALL TO DEVELOP A COMMERCIAL MARYLAND NATIVE PLANT LIST. 2
(B) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH 3
SHALL PROVIDE INPUT TO THE DEPARTMENT , WHO SHALL RECEIVE IN PUT FROM 4
THE DEPARTMENT OF NATURAL RESOURCES, AND THE MARYLAND NATIVE PLANT 5
SOCIETY, SHALL TO REVIEW AND UPDATE TH E COMMERCIAL MARYLAND NATIVE 6
PLANT LIST AT LEAST ONCE EV ERY 3 YEARS. 7
(C) WHEN A CULTIVAR OR HY BRID OF A NATIVE PLA NT FILLS AN 8
ECOLOGICAL NICHE THA T A NATIVE PLANT IS NO LONGER ABLE TO FILL DUE TO 9
WIDESPREAD ATTACK BY DISEASE OR INSECTS , THE NATIVE PLANT SPECIALIST 10
SHALL FIRST RECEIVE INPUT FROM THE DEPARTMENT OF NATURAL RESOURCES 11
AND THE MARYLAND NATIVE PLANT SOCIETY AND THEN INFO RM AND GUIDE THE 12
DEPARTMENT IN EVALUAT ING THE CULTIVAR OR HYBR ID OF A NATIVE PLANT FOR 13
INCLUSION ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST. 14
(C) (D) THE COMMERCIAL MARYLAND NATIVE PLANT LIST SHALL BE 15
POSTED ONLINE IN ACC ORDANCE WITH § 10–407 OF THIS SUBTITLE. 16
10–405. 17
(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE UNIVERSITY OF 18
MARYLAND EXTENSION, SHALL CREATE A VOLUN TARY CERTIFICATION P ROGRAM 19
FOR GROWERS AND RETA ILERS TO BE IDENTIFI ED AS A MARYLAND NATIVE PLANT 20
GROWER OR A MARYLAND NATIVE PLANT RETAILER, OR BOTH. 21
(2) THIS CERTIFICATION SHALL ONLY BE AVAILA BLE TO GROWERS 22
AND RETAILERS THAT A RE SELLING NATIVE PL ANTS ON THE COMMERCIAL 23
MARYLAND NATIVE PLANT LIST. 24
(B) (1) THE UNIVERSITY OF MARYLAND EXTENSION DEPARTMENT 25
SHALL DEVELOP AND MA INTAIN A LIST OF CER TIFIED MARYLAND NATIVE PLANT 26
GROWERS AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS. 27
(2) THE LISTS DEVELOPED U NDER THIS SUBSECTION SHALL BE 28
POSTED ONLINE IN ACC ORDANCE WITH § 10–407 OF THIS SUBTITLE. 29
10–406. 30
(A) THE DEPARTMENT , IN COORDINATION WITH THE UNIVERSITY OF 31
MARYLAND EXTENSION, SHALL CREATE A “MARYLAND NATIVES” MARKETING 32
PROGRAM AND SIGNS , TO ENCOURAGE AND PRO MOTE THE USE AND SAL E OF NATIVE 33
PLANTS THAT ARE LIST ED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST. 34 SENATE BILL 836 5
(B) THE “MARYLAND NATIVES” MARKETING PROGRAM SH ALL DEVELOP: 1
(1) A “MARYLAND NATIVES” LOGO TO IDENTIFY PLA NTS THAT ARE 2
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND 3
(2) A QR CODE CONTAINING PLANT IDE NTIFICATION INFORMAT ION 4
THAT LINKS TO THE WE BPAGES AND WEBSITES SPECIFIED IN § 10–407 OF THIS 5
SUBTITLE. 6
(C) THE “MARYLAND NATIVES” LOGO SHALL BE MADE A VAILABLE TO 7
GROWERS AND RETAILER S WHO MAY: 8
(1) PLACE THE LOGO ON LAB ELS, STICKERS, OR POTS OF EACH PLAN T 9
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND 10
(2) USE THE LOGO IN DISPL AYS WITH PLANTS LIST ED ON THE 11
COMMERCIAL MARYLAND NATIVE PLANT LIST. 12
10–407. 13
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL CREAT E A 14
“MARYLAND NATIVE PLANTS” WEBPAGE ON THE UNIVERSITY OF MARYLAND 15
EXTENSION’S WEBSITE. 16
(2) THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL INCLUD E: 17
(I) THE COMMERCIAL MARYLAND NATIVE PLANT LIST 18
DEVELOPED UNDER § 10–404 OF THIS SUBTITLE; 19
(II) THE LISTS OF CERTIFIE D MARYLAND NATIVE PLANT 20
GROWERS AND CER TIFIED MARYLAND NATIVE PLANT RETAILERS DEVELOPED 21
UNDER § 10–405 OF THIS SUBTITLE; AND 22
(III) GENERAL INFORMATION O N NATIVE PLANTS . 23
(B) THE DEPARTMENT SHALL PROM OTE THE PROGRAM AND INCLUDE O N 24
THE DEPARTMENT OF AGRICULTURE ’S “MARYLAND’S BEST” WEBSITE: 25
(1) THE COMMERCIAL MARYLAND NATIVE PLANT LIST DEVELOPED 26
UNDER § 10–404 OF THIS SUBTITLE; 27
6 SENATE BILL 836
(2) THE LISTS OF CERTIFIE D MARYLAND NATIVE PLANT GROWERS 1
AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS DEVELOPED U NDER § 2
10–405 OF THIS SUBTITLE ; AND 3
(3) GENERAL INFORMATION A BOUT NATIVE PLANTS . 4
(C) A LINK TO THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL BE 5
POSTED ON: 6
(1) THE DEPARTMENT OF NATURAL RESOURCES’ NATIVE PLANTS 7
WEBSITE; AND 8
(2) THE UNIVERSITY OF MARYLAND EXTENSION’S WEBSITE. 9
(D) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 10
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 11
$150,000 FOR THE UNIVERSITY OF MARYLAND EXTENSION TO HIRE ONE 12
EXTENSION AGENT AS A NATIVE PLANT SPECIALIST AND $100,000 FOR THE 13
DEPARTMENT TO HIRE STAFF TO ADM INISTER THE PROGRAM. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2023. 16
Approved:
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Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.