MD
Maryland House Bill HB449

Maryland 2024 Regular Session

Maryland House Bill HB449 Compare Versions

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1- WES MOORE, Governor Ch. 517
21
3-– 1 –
4-Chapter 517
5-(House Bill 449)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0449*
89
9-Comprehensive Flood Management Grant Program – Funding for Underserved
10-and Overburdened Communities
10+HOUSE BILL 449
11+M3 4lr1387
12+HB 892/23 – ENT & APP CF SB 148
13+By: Delegates Ivey, Acevero, Fennell, Kaufman, McCaskill, Pasteur, Ruth, and
14+Turner
15+Introduced and read first time: January 22, 2024
16+Assigned to: Environment and Transportation and Appropriations
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: March 25, 2024
1120
12-FOR the purpose of requiring a certain percentage of funding provided under the
13-comprehensive flood management grant program to be used for projects located in or
14-directly benefiting underserved or overburdened communities in certain fiscal years;
15-requiring authorizing the Governor to include in the annual State budget an
16-appropriation for the comprehensive flood management grant program of at least up
17-to a certain amount in certain fiscal years; and generally relating to the
18-comprehensive flood management grant program.
21+CHAPTER ______
1922
20-BY repealing and reenacting, with amendments,
21- Article – Environment
22-Section 5–803(h)
23- Annotated Code of Maryland
24- (2013 Replacement Volume and 2023 Supplement)
23+AN ACT concerning 1
2524
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
25+Comprehensive Flood Management Grant Program – Funding for Underserved 2
26+and Overburdened Communities 3
2827
29-Article – Environment
28+FOR the purpose of requiring a certain percentage of funding provided under the 4
29+comprehensive flood management grant program to be used for projects located in or 5
30+directly benefiting underserved or overburdened communities in certain fiscal years; 6
31+requiring authorizing the Governor to include in the annual State budget an 7
32+appropriation for the comprehensive flood management grant program of at least up 8
33+to a certain amount in certain fiscal years; and generally relating to the 9
34+comprehensive flood management grant program. 10
3035
31-5–803.
36+BY repealing and reenacting, with amendments, 11
37+ Article – Environment 12
38+Section 5–803(h) 13
39+ Annotated Code of Maryland 14
40+ (2013 Replacement Volume and 2023 Supplement) 15
3241
33- (h) (1) There is a comprehensive flood management grant program within the
34-Department.
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
43+That the Laws of Maryland read as follows: 17
3544
36- (2) (i) Subject to the approval of the Board of Public Works, the
37-Department may use proceeds from the State debt created to fund the comprehensive flood
38-management grant program to pay the entire cost of watershed studies pursuant to
39-subsection (b) of this section.
45+Article – Environment 18
4046
41- (ii) The Department may provide grants to subdivisions to pay the
42-entire cost of watershed studies when the Department delegates that responsibility
43-pursuant to subsection (b) of this section.
47+5–803. 19
48+ 2 HOUSE BILL 449
4449
45- (3) (i) Subject to the approval of the Board of Public Works, the
46-Department may provide grants to subdivisions for flood control and watershed
47-management capital projects, and for the capital costs related to design, purchase, and
48-installation of automated flood warning projects, provided that the projects are consistent Ch. 517 2024 LAWS OF MARYLAND
4950
50-– 2 –
51-with the plans and implementation prepared and adopted in accordance with this subtitle,
52-and provided further that each project:
51+ (h) (1) There is a comprehensive flood management grant program within the 1
52+Department. 2
5353
54- 1. Is undertaken as part of a comprehensive flood
55-management plan prepared and adopted by the subdivision; and
54+ (2) (i) Subject to the approval of the Board of Public Works, the 3
55+Department may use proceeds from the State debt created to fund the comprehensive flood 4
56+management grant program to pay the entire cost of watershed studies pursuant to 5
57+subsection (b) of this section. 6
5658
57- 2. Is not inconsistent with any State or interjurisdictional
58-flood management plan.
59+ (ii) The Department may provide grants to subdivisions to pay the 7
60+entire cost of watershed studies when the Department delegates that responsibility 8
61+pursuant to subsection (b) of this section. 9
5962
60- (ii) Grants for automated flood warnings projects shall be
61-conditioned to require all affected local governing bodies to:
63+ (3) (i) Subject to the approval of the Board of Public Works, the 10
64+Department may provide grants to subdivisions for flood control and watershed 11
65+management capital projects, and for the capital costs related to design, purchase, and 12
66+installation of automated flood warning projects, provided that the projects are consistent 13
67+with the plans and implementation prepared and adopted in accordance with this subtitle, 14
68+and provided further that each project: 15
6269
63- 1. Adopt a specific and compatible response plan which has
64-been coordinated with local emergency management authorities and reviewed and
65-approved by the Department and the Maryland Department of Emergency Management;
66-and
70+ 1. Is undertaken as part of a comprehensive flood 16
71+management plan prepared and adopted by the subdivision; and 17
6772
68- 2. Provide for financial and other commitments to properly
69-operate and maintain the project.
73+ 2. Is not inconsistent with any State or interjurisdictional 18
74+flood management plan. 19
7075
71- (iii) 1. The amount of any grant made by the Department for a
72-flood control and watershed management capital project that involves only nonfederal
73-funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25%
74-of project costs in local government or private funds.
76+ (ii) Grants for automated flood warnings projects shall be 20
77+conditioned to require all affected local governing bodies to: 21
7578
76- 2. For a flood control and watershed management capital
77-project that involves federal funding and meets the criteria of this subtitle:
79+ 1. Adopt a specific and compatible response plan which has 22
80+been coordinated with local emergency management authorities and reviewed and 23
81+approved by the Department and the Maryland Department of Emergency Management; 24
82+and 25
7883
79- A. The Department may provide up to 50% of the nonfederal
80-share of the project funding; and
84+ 2. Provide for financial and other commitments to properly 26
85+operate and maintain the project. 27
8186
82- B. Local government or private funds shall provide not less
83-than 50% of the nonfederal share of the project funding.
87+ (iii) 1. The amount of any grant made by the Department for a 28
88+flood control and watershed management capital project that involves only nonfederal 29
89+funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% 30
90+of project costs in local government or private funds. 31
8491
85- (iv) Each project application for a grant under this paragraph shall
86-be submitted to and reviewed by the State clearinghouse of the Department of Planning in
87-accordance with established clearinghouse procedures.
92+ 2. For a flood control and watershed management capital 32
93+project that involves federal funding and meets the criteria of this subtitle: 33
8894
89- (4) (i) Subject to the approval of the Board of Public Works, the
90-Department may provide grants to subdivisions immediately after a flood for acquisition of
91-any flood damaged owner–occupied dwelling.
95+ A. The Department may provide up to 50% of the nonfederal 34
96+share of the project funding; and 35
97+ HOUSE BILL 449 3
9298
93- (ii) Total expenditures for grants made under this paragraph may
94-not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this
95-subsection.
96- WES MOORE, Governor Ch. 517
9799
98-– 3 –
99- (5) (i) The Department may award grants to subdivisions that have
100-incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred
101-on or after January 1, 2009.
100+ B. Local government or private funds shall provide not less 1
101+than 50% of the nonfederal share of the project funding. 2
102102
103- (ii) The total amount of grants awarded by the Department to
104-subdivisions under this paragraph may:
103+ (iv) Each project application for a grant under this paragraph shall 3
104+be submitted to and reviewed by the State clearinghouse of the Department of Planning in 4
105+accordance with established clearinghouse procedures. 5
105106
106- 1. For fiscal years 2020, 2021, and 2022, equal up to 100% of
107-the total amount of money appropriated to the comprehensive flood management program;
108-and
107+ (4) (i) Subject to the approval of the Board of Public Works, the 6
108+Department may provide grants to subdivisions immediately after a flood for acquisition of 7
109+any flood damaged owner–occupied dwelling. 8
109110
110- 2. For fiscal year 2023 and each fiscal year thereafter, equal
111-up to 50% of the total amount of money appropriated to the comprehensive flood
112-management program.
111+ (ii) Total expenditures for grants made under this paragraph may 9
112+not exceed 50% of the total authorized budgeted funds in a fiscal year for grants under this 10
113+subsection. 11
113114
114- (iii) A grant awarded to a subdivision under this paragraph may be:
115+ (5) (i) The Department may award grants to subdivisions that have 12
116+incurred at least $1,000,000 in infrastructure damage caused by a flood event that occurred 13
117+on or after January 1, 2009. 14
115118
116- 1. For an amount of up to 50% of the combined cost of
117-infrastructure repairs, watershed restoration, and emergency work associated with the
118-flood event;
119+ (ii) The total amount of grants awarded by the Departmen t to 15
120+subdivisions under this paragraph may: 16
119121
120- 2. Used for infrastructure repairs, watershed management,
121-or emergency protection work associated with the flood event; and
122+ 1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 17
123+the total amount of money appropriated to the comprehensive flood management program; 18
124+and 19
122125
123- 3. Used for expenses associated with item 2 of this
124-subparagraph that the subdivision has already incurred.
126+ 2. For fiscal year 2023 and each fiscal year thereafter, equal 20
127+up to 50% of the total amount of money appropriated to the comprehensive flood 21
128+management program. 22
125129
126- (iv) The Department shall prioritize awarding grants under this
127-paragraph to subdivisions in which:
130+ (iii) A grant awarded to a subdivision under this paragraph may be: 23
128131
129- 1. Infrastructure damage occurred in an area designated by
130-the Maryland Historical Trust as an historic district; or
132+ 1. For an amount of up to 50% of the combined cost of 24
133+infrastructure repairs, watershed restoration, and emergency work associated with the 25
134+flood event; 26
131135
132- 2. Infrastructure damage caused by a flood event ha s
133-occurred more than once within the previous 5 years.
136+ 2. Used for infrastructure repairs, watershed management, 27
137+or emergency protection work associated with the flood event; and 28
134138
135- (6) To receive a grant, the subdivision must participate in the national
136-flood insurance program.
139+ 3. Used for expenses associated with item 2 of this 29
140+subparagraph that the subdivision has already incurred. 30
137141
138- (7) Before awarding a grant under paragraphs (2), (3), or (4) of this
139-subsection, the Department, in cooperation with the Department of Planning, shall review
140-the flood control and watershed management operations of the applicant subdivision to
141-assure that the flood control and watershed management operations are in compliance with
142-this subtitle.
143- Ch. 517 2024 LAWS OF MARYLAND
142+ (iv) The Department shall prioritize awarding grants under this 31
143+paragraph to subdivisions in which: 32
144144
145-– 4 –
146- (8) (i) [The] FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR
147-THEREAFTER , THE Governor shall MAY include in the annual State budget an
148-appropriation for the comprehensive flood management grant program of at least[:
145+ 1. Infrastructure damage occurred in an area designated by 33
146+the Maryland Historical Trust as an historic district; or 34 4 HOUSE BILL 449
149147
150- 1. For fiscal year 2021, $3,000,000;
151148
152- 2. For fiscal year 2022, $3,000,000; and
153149
154- 3. For fiscal year 2023, $2,000,000] UP TO $20,000,000.
150+ 2. Infrastructure damage caused by a flood event has 1
151+occurred more than once within the previous 5 years. 2
155152
156- (ii) IN FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR
157-THEREAFTER , AT LEAST 40% OF FUNDING PROVIDED UND ER THE COMPREHENSIVE
158-FLOOD MANAGEMENT GRA NT PROGRAM SHALL BE USED FOR PROJECTS LO CATED IN
159-OR DIRECTLY BENEFITI NG UNDERSERVED OR OV ERBURDENED COMMUNITI ES, AS
160-DEFINED IN § 1–701 OF THIS ARTICLE.
153+ (6) To receive a grant, the subdivision must participate in the national 3
154+flood insurance program. 4
161155
162- (III) Funds not awarded from the comprehensive flood management
163-grant program by the end of a fiscal year:
156+ (7) Before awarding a grant under paragraphs (2), (3), or (4) of this 5
157+subsection, the Department, in cooperation with the Department of Planning, shall review 6
158+the flood control and watershed management operations of the applicant subdivision to 7
159+assure that the flood control and watershed management operations are in compliance with 8
160+this subtitle. 9
164161
165- 1. Shall remain in the program; and
162+ (8) (i) [The] FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR 10
163+THEREAFTER , THE Governor shall MAY include in the annual State budget an 11
164+appropriation for the comprehensive flood management grant program of at least[: 12
166165
167- 2. Are not subject to § 7–302 of the State Finance and
168-Procurement Article.
166+ 1. For fiscal year 2021, $3,000,000; 13
169167
170- (9) (i) The Department, in consultation with the Departme nt of
171-Planning, shall adopt regulations necessary for the administration of the grant program.
168+ 2. For fiscal year 2022, $3,000,000; and 14
172169
173- (ii) These regulations may include:
170+ 3. For fiscal year 2023, $2,000,000] UP TO $20,000,000. 15
174171
175- 1. A determination of statewide and interjurisdictional needs
176-and priorities;
172+ (ii) IN FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR 16
173+THEREAFTER , AT LEAST 40% OF FUNDING PROVIDED UND ER THE COMPREHENSIVE 17
174+FLOOD MANAGEMENT GRA NT PROGRAM SHALL BE USED FOR PROJECTS LO CATED IN 18
175+OR DIRECTLY BENEFITI NG UNDERSERVED OR OV ERBURDENED COMMUNITI ES, AS 19
176+DEFINED IN § 1–701 OF THIS ARTICLE. 20
177177
178- 2. Standards of eligibility for applicants and projects;
178+ (III) Funds not awarded from the comprehensive flood management 21
179+grant program by the end of a fiscal year: 22
179180
180- 3. Criteria for recognition of tidal and nontidal areas;
181+ 1. Shall remain in the program; and 23
181182
182- 4. Engineering and economic standards and alternatives;
183-and
183+ 2. Are not subject to § 7–302 of the State Finance and 24
184+Procurement Article. 25
184185
185- 5. Procedures for filing and processing contents of
186-applications.
186+ (9) (i) The Department, in consultation with the Department of 26
187+Planning, shall adopt regulations necessary for the administration of the grant program. 27
187188
188- SECTION 2. AND BE IT FURTHER ENA CTED, That this Act shall take effect July
189-1, 2024.
190- WES MOORE, Governor Ch. 517
189+ (ii) These regulations may include: 28
191190
192-– 5 –
193-Approved by the Governor, May 9, 2024.
191+ 1. A determination of statewide and interjurisdictional needs 29
192+and priorities; 30
193+
194+ 2. Standards of eligibility for applicants and projects; 31 HOUSE BILL 449 5
195+
196+
197+
198+ 3. Criteria for recognition of tidal and nontidal areas; 1
199+
200+ 4. Engineering and economic standards and alternatives; 2
201+and 3
202+
203+ 5. Procedures for filing and processing contents of 4
204+applications. 5
205+
206+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
207+1, 2024. 7
208+
209+
210+
211+
212+
213+Approved:
214+________________________________________________________________________________
215+ Governor.
216+________________________________________________________________________________
217+ Speaker of the House of Delegates.
218+________________________________________________________________________________
219+ President of the Senate.