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.
Italics indicate opposite chamber/conference committee amendments.
*sb0836*
SENATE BILL 836
M4 (3lr2655)
ENROLLED BILL
— Education, Energy, and the Environment/Environment and Transportation —
Introduced by Senator Brooks
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 836
BY adding to 1
Article – Agriculture 2
Section 10–401 through 10–407 to be under the new subtitle “Subtitle 4. Maryland 3
Native Plants Program” 4
Annotated Code of Maryland 5
(2016 Replacement Volume and 2022 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Agriculture 9
SUBTITLE 4. MARYLAND NATIVE PLANTS PROGRAM. 10
10–401. 11
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(B) “COMMERCIAL MARYLAND NATIVE PLANT LIST” MEANS A LIST OF 14
PLANTS THAT ARE NATIVE TO MARYLAND THAT ARE COM MERCIALLY AVAILABLE 15
AND APPROPRIATE FOR GROWING IN RESIDENTI AL OR COMMERCIAL LAN DSCAPES. 16
(C) (1) “NATIVE PLANT” MEANS A PLANT THAT O CCURS NATURALLY IN 17
THE STATE AND SURROUNDING REGION, ECOSYSTEM, AND HABITAT , WITHOUT 18
DIRECT OR INDIRECT HUMAN AC TIONS. 19
(2) “NATIVE PLANT” INCLUDES A PLANT THA T: 20
(I) WAS PRESENT BEFORE EUROPEAN COLONIAL 21
SETTLEMENT ; OR 22
(II) IS LISTED AS NATIVE T O MARYLAND ON THE MARYLAND 23
PLANT ATLAS WEBSITE. 24
(3) “NATIVE PLANT” DOES NOT INCLUDE A P LANT THAT IS A NAMED 25
OR UNNAMED CULTIVAR OR HYBRID. 26
(D) “NATIVE PLANT SPECIALIST” MEANS THE UNIVERSITY OF MARYLAND 27
EXTENSION AGENT HIRED UNDER § 10–403 OF THIS SUBTITLE. 28
(E) “PROGRAM” MEANS THE MARYLAND NATIVE PLANTS PROGRAM. 29
10–402. 30 SENATE BILL 836 3
(A) THERE IS A MARYLAND NATIVE PLANTS PROGRAM. 1
(B) THE PURPOSE OF THE PROGRAM IS TO: 2
(1) ENCOURAGE AND PROMOTE THE RESPOND TO THE INCREA SING 3
DEMAND FOR , USE OF, AND SALE OF NATIVE P LANTS BY RETAIL GARD EN CENTERS, 4
RETAIL NURSERIES , AND WHOLESALE NURSER IES; AND 5
(2) EDUCATE THE PUBLIC , LANDSCAPERS , AND OTHER PLANT USER S 6
ON THE IMPORTANCE , BENEFIT, AND AVAILABILITY OF NATIVE PLANTS . 7
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 8
DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 9
(2) THE UNIVERSITY OF MARYLAND EXTENSION SHALL ADMIN ISTER 10
THE EDUCATIONAL COMPONEN TS OF THE PROGRAM IN COORDINATI ON WITH THE 11
DEPARTMENT AND OTHER AGENCIES . 12
10–403. 13
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL HIRE AN 14
EXTENSION AGENT TO S ERVE AS A NATIVE PLANT SPECIALIST. 15
(2) THE INDIVIDUAL HIRED TO SERVE AS THE NATIVE PLANT 16
SPECIALIST MUST HAVE EXPERTISE IN NATIVE PLANTS. 17
(B) THE NATIVE PLANT SPECIALIST SHALL : 18
(1) ASSIST THE UNIVERSITY OF MARYLAND EXTENSION IN 19
FULFILLING ANY EDUCATIONAL AND PROFESSIONAL TRAININ G RESPONSIBILITIES 20
RELATED TO THE PROGRAM; 21
(2) COORDINATE WITH THE DEPARTMENT IN THE ADMINISTRATIO N 22
TO DELIVER EDUCATION AL COMPONENTS OF THE PROGRAM; 23
(3) ESTABLISH AND MAINTAI N PROVIDE INPUT AND EXP ERTISE TO 24
THE DEPARTMENT IN THE DEVELOPMENT OF THE COMMERCIAL MARYLAND 25
NATIVE PLANT LIST DEVELOPED UNDER § 10–404 OF THIS SUBTITLE; 26
(4) PROVIDE GUIDANCE INPUT AND EXPERTISE TO THE 27
DEPARTMENT ON THE DEV ELOPMENT OF A LIST O F CERTIFIED MARYLAND NATIVE 28
PLANT GROWERS AND RE TAILERS DEVELOP ED UNDER § 10–405 OF THIS SUBTITLE; 29
4 SENATE BILL 836
(5) TEACH GROWERS AND OTHER STAKEHOLDE RS ABOUT 1
TECHNIQUES FOR GROWI NG NATIVE PLANTS ; AND 2
(6) COORDINATE EDUCATION , APPLIED RESEARCH , AND OUTREACH 3
TO TEACH THE PUBLIC , LANDSCAPERS , AND OTHER PLANT USER S ABOUT THE 4
IMPORTANCE, BENEFIT, AND AVAILABILITY OF NATIVE PLANTS . 5
10–404. 6
(A) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH 7
SHALL PROVIDE INPUT TO THE DEPARTMENT , WHO SHALL RECEIVE IN PUT FROM 8
THE DEPARTMENT OF NATURAL RESOURCES, AND THE MARYLAND NATIVE PLANT 9
SOCIETY, SHALL TO DEVELOP A COMMERCIAL MARYLAND NATIVE PLANT LIST. 10
(B) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH 11
SHALL PROVIDE INPUT TO THE DEPARTMENT , WHO SHALL RECEIVE IN PUT FROM 12
THE DEPARTMENT OF NATURAL RESOURCES, AND THE MARYLAND NATIVE PLANT 13
SOCIETY, SHALL TO REVIEW AND UPDATE TH E COMMERCIAL MARYLAND NATIVE 14
PLANT LIST AT LEAST ONCE EV ERY 3 YEARS. 15
(C) WHEN A CULTIVAR OR HY BRID OF A NATIVE PLA NT FILLS AN 16
ECOLOGICAL NICHE THA T A NATIVE PLANT IS NO LONGER ABLE TO FILL DUE TO 17
WIDESPREAD ATTACK BY DISEASE OR INSECTS , THE NATIVE PLANT SPECIALIST 18
SHALL FIRST RECEIVE INPUT FROM THE DEPARTMENT OF NATURAL RESOURCES 19
AND THE MARYLAND NATIVE PLANT SOCIETY AND THEN INFO RM AND GUIDE THE 20
DEPARTMENT IN EVALUAT ING THE CULTIVAR OR HYBR ID OF A NATIVE PLANT FOR 21
INCLUSION ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST. 22
(C) (D) THE COMMERCIAL MARYLAND NATIVE PLANT LIST SHALL BE 23
POSTED ONLINE IN ACC ORDANCE WITH § 10–407 OF THIS SUBTITLE. 24
10–405. 25
(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE UNIVERSITY OF 26
MARYLAND EXTENSION, SHALL CREATE A VOLUN TARY CERTIFICATION P ROGRAM 27
FOR GROWERS AND RETA ILERS TO BE IDENTIFI ED AS A MARYLAND NATIVE PLANT 28
GROWER OR A MARYLAND NATIVE PLANT RETAILER, OR BOTH. 29
(2) THIS CERTIFICATION SHALL ONLY BE AVAILA BLE TO GROWERS 30
AND RETAILERS THAT A RE SELLING NATIVE PL ANTS LISTED ON THE COMMERCIAL 31
MARYLAND NATIVE PLANT LIST. 32
SENATE BILL 836 5
(B) (1) THE UNIVERSITY OF MARYLAND EXTENSION DEPARTMENT 1
SHALL DEVELOP AND MA INTAIN A LIST OF CER TIFIED MARYLAND NATIVE PLANT 2
GROWERS AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS. 3
(2) THE LISTS DEVELOPED U NDER THIS SUBSECTION SHALL BE 4
POSTED ONLINE IN ACC ORDANCE WITH § 10–407 OF THIS SUBTITLE. 5
10–406. 6
(A) THE DEPARTMENT , IN COORDINATION WITH THE UNIVERSITY OF 7
MARYLAND EXTENSION, SHALL CREATE A “MARYLAND NATIVES” MARKETING 8
PROGRAM AND SIGNS, TO ENCOURAGE AND PRO MOTE THE USE AND SAL E OF NATIVE 9
PLANTS THAT ARE LIST ED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST. 10
(B) THE “MARYLAND NATIVES” MARKETING PROGRAM SH ALL DEVELOP: 11
(1) A “MARYLAND NATIVES” LOGO TO IDENTIFY PLA NTS THAT ARE 12
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND 13
(2) A QR CODE CONTAINING PLANT IDE NTIFICATION INFORMAT ION 14
THAT LINKS TO THE WE BPAGES AND WEBSITES SPECIFIED IN § 10–407 OF THIS 15
SUBTITLE. 16
(C) THE “MARYLAND NATIVES” LOGO SHALL BE MADE A VAILABLE TO 17
GROWERS AND RETAILER S WHO MAY: 18
(1) PLACE THE LOGO ON LAB ELS, STICKERS, OR POTS OF EACH PLAN T 19
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND 20
(2) USE THE LOGO IN DISPL AYS WITH PLANTS LIST ED ON THE 21
COMMERCIAL MARYLAND NATIVE PLANT LIST. 22
10–407. 23
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL CREAT E A 24
“MARYLAND NATIVE PLANTS” WEBPAGE ON THE UNIVERSITY OF MARYLAND 25
EXTENSION’S WEBSITE. 26
(2) THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL INCLUD E: 27
(I) THE COMMERCIAL MARYLAND NATIVE PLANT LIST 28
DEVELOPED UNDER § 10–404 OF THIS SUBTITLE; 29
6 SENATE BILL 836
(II) THE LISTS OF CERTIFIE D MARYLAND NATIVE PLANT 1
GROWERS AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS DEVELO PED 2
UNDER § 10–405 OF THIS SUBTITLE; AND 3
(III) GENERAL INFORMATION O N NATIVE PLANTS . 4
(B) THE DEPARTMENT SHALL PROM OTE THE PROGRAM AND INCLUDE O N 5
THE DEPARTMENT OF AGRICULTURE ’S “MARYLAND’S BEST” WEBSITE: 6
(1) THE COMMERCIAL MARYLAND NATIVE PLANT LIST DEVELOPED 7
UNDER § 10–404 OF THIS SUBTITLE; 8
(2) THE LISTS OF CERTIFIE D MARYLAND NATIVE PLANT GROWERS 9
AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS DEVELOPED U NDER § 10
10–405 OF THIS SUBTITLE ; AND 11
(3) GENERAL INFORMATION A BOUT NATIVE PLANTS . 12
(C) A LINK TO THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL BE 13
POSTED ON: 14
(1) THE THE DEPARTMENT OF NATURAL RESOURCES’ NATIVE 15
PLANTS WEBSITE ; AND 16
(2) THE UNIVERSITY OF MARYLAND EXTENSION’S WEBSITE. 17
(D) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 18
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 19
$150,000 FOR THE UNIVERSITY OF MARYLAND EXTENSION TO HIRE ONE 20
EXTENSION AGENT AS A NATIVE PLANT SPECIALIST AND $100,000 FOR THE 21
DEPARTMENT TO HIRE ST AFF TO ADMINISTER TH E PROGRAM. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2023 July 1, 2024. 24