EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0449*
HOUSE BILL 449
M3 4lr1387
HB 892/23 – ENT & APP CF SB 148
By: Delegates Ivey, Acevero, Fennell, Kaufman, McCaskill, Pasteur, Ruth, and
Turner
Introduced and read first time: January 22, 2024
Assigned to: Environment and Transportation and Appropriations
A BILL ENTITLED
AN ACT concerning 1
Comprehensive Flood Management Grant Program – Funding for Underserved 2
and Overburdened Communities 3
FOR the purpose of requiring a certain percentage of funding provided under the 4
comprehensive flood management grant program to be used for projects located in or 5
directly benefiting underserved or overburdened communities in certain fiscal years; 6
requiring the Governor to include in the annual State budget an appropriation for 7
the comprehensive flood management grant program of at least a certain amount in 8
certain fiscal years; and generally relating to the comprehensive flood management 9
grant program. 10
BY repealing and reenacting, with amendments, 11
Article – Environment 12
Section 5–803(h) 13
Annotated Code of Maryland 14
(2013 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Environment 18
5–803. 19
(h) (1) There is a comprehensive flood management grant program within the 20
Department. 21
(2) (i) Subject to the approval of the Board of Public Works, the 22
Department may use proceeds from the State debt created to fund the comprehensive flood 23 2 HOUSE BILL 449
management grant program to pay the entire cost of watershed studies pursuant to 1
subsection (b) of this section. 2
(ii) The Department may provide grants to subdivisions to pay the 3
entire cost of watershed studies when the Department delegates that responsibility 4
pursuant to subsection (b) of this section. 5
(3) (i) Subject to the approval of the Board of Public Works, the 6
Department may provide grants to subdivisions for flood control and watershed 7
management capital projects, and for the capital costs related to design, purchase, and 8
installation of automated flood warning projects, provided that the projects are consistent 9
with the plans and implementation prepared and adopted in accordance with this subtitle, 10
and provided further that each project: 11
1. Is undertaken as part of a comprehensive flood 12
management plan prepared and adopted by the subdivision; and 13
2. Is not inconsistent with any State or interjurisdictional 14
flood management plan. 15
(ii) Grants for automated flood warnings projects shall be 16
conditioned to require all affected local governing bodies to: 17
1. Adopt a specific and compatible response plan which has 18
been coordinated with local emergency management authorities and reviewed and 19
approved by the Department and the Maryland Department of Emergency Management; 20
and 21
2. Provide for financial and other commitments to properly 22
operate and maintain the project. 23
(iii) 1. The amount of any grant made by the Department for a 24
flood control and watershed management capital project that involves only nonfederal 25
funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% 26
of project costs in local government or private funds. 27
2. For a flood control and watershed management capital 28
project that involves federal funding and meets the criteria of this subtitle: 29
A. The Department may provide up to 50% of the nonfederal 30
share of the project funding; and 31
B. Local government or private funds shall provide not less 32
than 50% of the nonfederal share of the project funding. 33
HOUSE BILL 449 3
(iv) Each project application for a grant under this paragraph shall 1
be submitted to and reviewed by the State clearinghouse of the Department of Planning in 2
accordance with established clearinghouse procedures. 3
(4) (i) Subject to the approval of the Board of Public Works, the 4
Department may provide grants to subdivisions immediately after a flood for acquisition of 5
any flood damaged owner–occupied dwelling. 6
(ii) Total expenditures for grants made under this paragraph may 7
not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this 8
subsection. 9
(5) (i) The Department may award grants to subdivisions that have 10
incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred 11
on or after January 1, 2009. 12
(ii) The total amount of grants awarded by the Department to 13
subdivisions under this paragraph may: 14
1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 15
the total amount of money appropriated to the comprehensive flood management program; 16
and 17
2. For fiscal year 2023 and each fiscal year thereafter, equal 18
up to 50% of the total amount of money appropriated to the comprehensive flood 19
management program. 20
(iii) A grant awarded to a subdivision under this paragraph may be: 21
1. For an amount of up to 50% of the combined cost of 22
infrastructure repairs, watershed restoration, and emergency work associated with the 23
flood event; 24
2. Used for infrastructure repairs, watershed management, 25
or emergency protection work associated with the flood event; and 26
3. Used for expenses associated with item 2 of this 27
subparagraph that the subdivision has already incurred. 28
(iv) The Department shall prioritize awarding grants under this 29
paragraph to subdivisions in which: 30
1. Infrastructure damage occurred in an area designated by 31
the Maryland Historical Trust as an historic district; or 32
2. Infrastructure damage caused by a flood event has 33
occurred more than once within the previous 5 years. 34 4 HOUSE BILL 449
(6) To receive a grant, the subdivision must participate in the national 1
flood insurance program. 2
(7) Before awarding a grant under paragraphs (2), (3), or (4) of this 3
subsection, the Department, in cooperation with the Department of Planning, shall review 4
the flood control and watershed management operations of the applicant subdivision to 5
assure that the flood control and watershed management operations are in compliance with 6
this subtitle. 7
(8) (i) [The] FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR 8
THEREAFTER , THE Governor shall include in the annual State budget an appropriation 9
for the comprehensive flood management grant program of at least[: 10
1. For fiscal year 2021, $3,000,000; 11
2. For fiscal year 2022, $3,000,000; and 12
3. For fiscal year 2023, $2,000,000] $20,000,000. 13
(ii) IN EACH FISCAL YEAR , AT LEAST 40% OF FUNDING 14
PROVIDED UNDER THE C OMPREHENSIVE FLOOD M ANAGEMENT GRANT PROG RAM 15
SHALL BE USED FOR PR OJECTS LOCATED IN OR DIRECTLY B ENEFITING 16
UNDERSERVED OR OVERB URDENED COMMUNITIES , AS DEFINED IN § 1–701 OF THIS 17
ARTICLE. 18
(III) Funds not awarded from the comprehensive flood management 19
grant program by the end of a fiscal year: 20
1. Shall remain in the program; and 21
2. Are not subject to § 7–302 of the State Finance and 22
Procurement Article. 23
(9) (i) The Department, in consultation with the Department of 24
Planning, shall adopt regulations necessary for the administration of the grant program. 25
(ii) These regulations may include: 26
1. A determination of statewide and interjurisdictional needs 27
and priorities; 28
2. Standards of eligibility for applicants and projects; 29
3. Criteria for recognition of tidal and nontidal areas; 30
HOUSE BILL 449 5
4. Engineering and economic standards and alternatives; 1
and 2
5. Procedures for filing and processing contents of 3
applications. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2024. 6