WES MOORE, Governor Ch. 435
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Chapter 435
(House Bill 918)
AN ACT concerning
State Treasurer and Comptroller – Membership Responsibilities
FOR the purpose of removing the State Treasurer from the Board of Trustees for the
Maryland Agricultural Land Preservation Foundation and repealing certain related
authority and duties; removing the State Treasurer or the State Treasurer’s designee
from the Maryland Commission on Climate Change, the Board of Directors for the
Maryland Environmental Service, and the Coast Smart Council; adding the
Comptroller or the Comptroller’s designee as a member of the Maryland Commission
on Climate Change and the Coast Smart Council; and generally relating to
membership responsibilities of the State Treasurer and Comptroller.
BY repealing and reenacting, with amendments,
Article – Agriculture
Section 2–503(a)(1), 2–510(d), (e), (i), and (k), 2–512(b) and (d), and 2–514(g), (h), and
(i)(4)(i)
Annotated Code of Maryland
(2016 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Agriculture
Section 2–510(a), (b), and (c) and 2–514(a), (b), (c), and (i)(1)
Annotated Code of Maryland
(2016 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Environment
Section 2–1301(a)
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 2–1302(a)
Annotated Code of Maryland
(2013 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 3–103(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement) Ch. 435 2024 LAWS OF MARYLAND
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BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 3–103(b) and 3–1005(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Agriculture
2–503.
(a) (1) The Maryland Agricultural Land Preservation Foundation shall be
governed and administered by a board of trustees composed of:
(i) The [State Treasurer, the] Comptroller, the Secretary of
Planning, and the Secretary, all of whom shall serve as ex officio members;
(ii) Nine members from the State at–large to be appointed by the
Governor, at least six of whom shall be farmer representatives who are engaged in or
retired from active farming from different areas of the State, and four of whom shall be
appointed as follows:
1. One from a list of three nominees submitted by the
Maryland Agricultural Commission;
2. One from a list of three nominees submitted by the
Maryland Farm Bureau;
3. One from a list of three nominees submitted by the
Maryland State Grange; and
4. One from a list of three nominees submitted by the Young
Farmers Advisory Board; and
(iii) Any designee appointed by an ex officio member under
paragraph (3) of this subsection.
2–510.
(a) An owner of agricultural land whose application to sell an easement has been
approved by the county under this subtitle may sell an easement to the Foundation on the
contiguous acreage of the agricultural land, subject to the requirements of this subtitle and
regulations of the Foundation. WES MOORE, Governor Ch. 435
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(b) In order to be considered by the Foundation, an application to sell shall:
(1) Be received by the board at a time the board determines for the fiscal
year in which the application is to be considered;
(2) Include an asking price at which the owner is willing to sell an
easement; and
(3) Include a complete description of the land for the proposed easement.
(c) The board shall determine the maximum number of applications that it will
accept from each county in each offer cycle.
(d) (1) Within 30 days after the receipt of an application from the county
governing body, the Foundation shall notify the landowner and the county governing body
of the receipt and sufficiency of the application.
(2) If the original application is insufficient, the Foundation shall specify
the reason for insufficiency, and the Foundation shall grant an additional 30 days for the
landowner to remedy the insufficiency.
(3) If the application is made sufficient within 30 days of the notification
by the Foundation, the application shall be considered as if it had originally been submitted
in a timely and sufficient manner.
(e) (1) If the application is submitted to the Foundation prior to county
approval, then within 60 days of the notification of sufficiency of the application, the county
governing body shall advise the Foundation as to the county’s approval or disapproval of
the application.
(2) The Foundation shall grant a 30–day extension of this approval period
if the county governing body applies to the Foundation for an extension and states its
reasons for seeking an extension.
(i) (1) [Upon] ON approval of a majority of the board members at–large, and
[upon] ON the recommendation of [the State Treasurer and] the Secretary, an application
to sell shall be approved, and an offer to buy containing the specific terms of the purchase
shall be tendered to the landowner.
(2) An offer to buy may specify terms, contingencies, and conditions not
contained in the original application.
(k) (1) (I) At the time of settlement of the purchase of an easement, the
landowner and the Foundation may agree [upon] ON and establish a schedule of payment
such that the landowner may receive consideration for the easement in a lump sum, in Ch. 435 2024 LAWS OF MARYLAND
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installments over a period of up to 10 years from the date of settlement, or as provided in
an installment purchase agreement under paragraph (3) of this subsection.
(II) At the time of settlement, the Foundation shall notify in writing
each landowner who sells an agricultural easement to the Foundation of the schedule of
anticipated ranges of interest rates to be paid on any unpaid balance after the date of
settlement.
(2) (i) If a schedule of installments is agreed [upon] ON, the
Comptroller shall retain in the Maryland Agricultural Land Preservation Fund an amount
of money sufficient to pay the landowner according to the schedule.
(ii) 1. The landowner shall receive interest on any unpaid
balance remaining after the date of settlement.
2. The State Treasurer shall invest the unpaid balance
remaining after the date of settlement in a certificate or certificates of deposit at the
maximum interest rate offered by a bank servicing the State or at such other institutions
which pay the maximum interest rates payable on time and savings deposits at federally
insured commercial banks selected by the Treasurer, to mature in accordance with an
agreed [upon] ON schedule of installments as provided in this section.
3. Any interest earned on the invested unpaid balance shall
be paid with the installment when due, less 1/4 of 1 percent.
(3) (i) The Foundation may pay the landowner according to a schedule,
up to a maximum term of 15 years, established in an installment purchase agreement.
(ii) The installment purchase agreement shall:
1. Require that the Foundation make annual equal
payments to the landowner of interest on the outstanding balance of the purchase price;
2. Require that the Foundation pay the landowner the
remainder of the purchase price at the end of the term;
3. State the total amount of money the Foundation will pay
the landowner, the interest rate, and the terms of the agreement; and
4. Require that the easement be recorded within 30 days of
settlement.
2–512.
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(b) The Foundation may approve a local program of agricultural land
preservation [upon] ON request of a county, provided that:
(1) The county shall agree to make payments up to a specified aggregate
amount to the Maryland Agricultural Land Preservation Fund to equal at least 40 percent
of the value of any easement acquired by the Foundation as a result of a matching allotted
purchase, made during the ensuing fiscal year; and
(2) The county shall show evidence that any county program for the
acquisition of agricultural land for preservation, or easements for purposes of preservation
of agricultural land, will not result in preservation of land which does not meet the
minimum standards set by the Foundation under § 2–509 of this subtitle; and
(3) The request for approval of a local program must be submitted to the
Foundation, together with any necessary agreements not later than 90 days prior to the
beginning of the fiscal year for which approval is being sought.
(d) Local programs shall be approved [upon] ON the affirmative vote of a majority
of the Foundation members at–large, and [upon] ON approval of the Secretary [and the
State Treasurer].
2–514.
(a) (1) This section applies only to easements approved for purchase by the
Board of Public Works on or before September 30, 2004.
(2) All easements approved for purchase by the Board of Public Works on
or after October 1, 2004, are perpetual and not eligible for termination.
(b) An easement approved by the Board of Public Works on or before September
30, 2004, and held by the Foundation may be terminated only under extraordinary
circumstances and in the manner specified in this section.
(c) (1) Except as provided in paragraph (2) of this subsection, after 25 years
from the date of purchase of an easement, a landowner may request that the easement be
reviewed for possible termination, subject to the requirements of this section.
(2) A landowner is not eligible to terminate any easement:
(i) Purchased using an installment purchase agreement, as
provided in § 2–510(k) of this subtitle; or
(ii) Approved for purchase by the Board of Public Works on or after
October 1, 2004.
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(g) (1) If the board of trustees members at large deny the request for
termination because they determine that it is feasible to farm the land in a profitable
manner, the termination review process ends and the Foundation is not required to
continue to consider the request for termination.
(2) If the board of trustees members at large approve the request for
termination, the Secretary [and State Treasurer] shall review the request.
(h) (1) If both the county governing body and the board of trustees members at
large approve a request for termination, an easement shall be terminated only if [both] the
Secretary [and the State Treasurer approve] APPROVES the request for termination.
(2) The Secretary [and the State Treasurer’s designee serving on the board
of trustees] may approve or deny the request for termination.
(i) (1) If the request for termination is approved, two fair market value
appraisals of the subject land shall be ordered by the Department of General Services at
the direction of the Foundation at the expense of the landowner requesting termination of
the easement.
(4) (i) [Upon] ON receipt of the written statement from the
Department of General Services, the Foundation shall issue a notification to the landowner
of the approved fair market value.
Article – Environment
2–1301.
(a) There is a Commission on Climate Change in the Department to advise the
Governor and General Assembly on ways to mitigate the causes of, prepare for, and adapt
to the consequences of climate change.
2–1302.
(a) The Commission’s membership shall consist of the following members:
(1) One member of the House of Delegates, appointed by the Speaker of the
House;
(2) One member of the Senate, appointed by the President of the Senate;
(3) [The State Treasurer COMPTROLLER , or the State Treasurer’s
COMPTROLLER ’S designee;
(4)] The Secretary of the Environment, or the Secretary’s designee; WES MOORE, Governor Ch. 435
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[(5)] (4) The Secretary of Agriculture, or the Secretary’s designee;
[(6)] (5) The Secretary of Natural Resources, or the Secretary’s designee;
[(7)] (6) The Secretary of Planning, or the Secretary’s designee;
[(8)] (7) The State Superintendent of Schools, or the State
Superintendent’s designee;
[(9)] (8) The Secretary of Transportation, or the Secretary’s designee;
[(10)] (9) The Secretary of General Services, or the Secretary’s designee;
[(11)] (10) The Director of the Maryland Energy Administration, or the
Director’s designee;
[(12)] (11) The People’s Counsel, or the People’s Counsel’s designee;
[(13)] (12) The President of the University of Maryland Center for
Environmental Science, or the President’s designee;
[(14)] (13) The Chair of the Critical Area Commission for the Chesapeake
and Atlantic Coastal Bays, or the Chair’s designee;
[(15)] (14) One member appointed by the Farm Bureau representing the
agriculture community;
[(16)] (15) One member appointed by the Maryland Association of Counties
and one member appointed by the Maryland Municipal League to represent local
governments;
[(17)] (16) One member appointed by the President of the Senate and one
member appointed by the Speaker of the House of Delegates to represent the business
community;
[(18)] (17) One member appointed by the President of the Senate and one
member appointed by the Speaker of the House of Delegates to represent environmental
nonprofit organizations;
[(19)] (18) One member appointed by the President of the Senate and one
member appointed by the Speaker of the House to represent organized labor, one of whom
shall represent the building or construction trades and one of whom shall represent the
manufacturing industry;
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[(20)] (19) One member appointed by the President of the Senate and one
member appointed by the Speaker of the House to represent philanthropic organizations;
[(21)] (20) One climate change expert appointed by the Governor
representing a university located in Maryland; and
[(22)] (21) One public health expert appointed by the Governor representing
a university located in Maryland.
Article – Natural Resources
3–103.
(a) (1) There is a body politic and corporate known as the “Maryland
Environmental Service”.
(2) The Service is an instrumentality of the State and a public corporation
by that name, style, and title, and the exercise by the Service of the powers conferred by
this subtitle is the performance of an essential governmental function of the State.
(b) (1) There are four officers of the Service:
(i) An Executive Director;
(ii) A Deputy Director;
(iii) A Secretary; and
(iv) A Treasurer.
(2) (i) The four officers of the Service shall be appointed in accordance
with this paragraph.
(ii) 1. The Executive Director shall be appointed by the
Governor, with the advice and consent of the Senate solely with regard to the qualifications
for the duties of the office.
2. The Executive Director serves at the pleasure of the Board
with the concurrence of the Governor and shall receive such compensation as may be
determined by the Board.
(iii) 1. The Deputy Director shall be appointed by the Executive
Director with the approval of the Governor solely with regard to the qualifications for the
duties of the office.
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2. The Deputy Director serves at the pleasure of the
Executive Director and shall receive such compensation as may be determined by the
Board.
(iv) 1. The Secretary and the Treasurer shall be selected by the
Board from among the Board’s members.
2. The Secretary and the Treasurer serve at the pleasure of
the Board and shall receive such compensation as may be reasonably determined by the
Board.
(3) The Board of Directors of the Service shall consist of the following
members:
(i) The Executive Director, who shall serve as a nonvoting member;
(ii) [The State Treasurer, or the State Treasurer’s designee;
(iii)] Three members from the public sector in the State in positions
responsible for environmental, water, wastewater, or solid waste management;
[(iv)] (III) One member from the private sector in the State with
technical, financial, development, or legal experience related to environmental, water,
wastewater, or solid waste management;
[(v)] (IV) One member from the private sector in the State with
financial experience related to environmental, water, wastewater, or solid waste
management; and
[(vi)] (V) One member from the private sector in the State with
experience or expertise in matters related to business ethics, preferably involving board of
director ethics and conflicts of interest.
(4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the
public sector and private sector members of the Board, as set forth in paragraph [(3)(iii)]
(3)(II) through [(vi)] (V) of this subsection shall be appointed by the Governor with the
advice and consent of the Senate.
(ii) The Governor shall select at least one of the public sector
members of the Board from a list of recommendations jointly compiled by the Maryland
Association of Counties and the Maryland Municipal League.
(iii) The Governor may not appoint an employee of the Service to the
Board.
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(iv) At least one of the public sector or private sector members shall
be a resident of a rural county in the State.
(5) (i) [Five] FOUR members constitute a quorum for the transaction
of business of the Board.
(ii) The affirmative vote of at least [five] FOUR members is
necessary for any action taken by the Board.
(6) Those members of the Board not already holding a public office shall
receive from the Service:
(i) Per diem compensation as established by the Board; and
(ii) Reimbursement for expenses under Standard State Travel
Regulations.
(7) The term of a member [other than the State Treasurer] is 4 years.
(8) The terms of members [other than the State Treasurer] are staggered
as required by the terms provided for those members of the Board on July 1, 2021.
(9) At the end of a term, a member continues to serve until a successor is
appointed and qualifies.
(10) A member who is appointed after a term has begun serves only the
remainder of that term and until a successor is appointed and qualifies.
(11) A member of the Board who is appointed under paragraph (3)(iii)
through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any
partial term served before the initial 4–year term.
(12) Subject to paragraphs (13) and (14) of this subsection, the Board shall
select a Chair from among the Board’s members.
(13) The Executive Director may not serve as the Secretary, Treasurer, or
Chair of the Board.
[(14) The State Treasurer may not serve as the Secretary, Treasurer, or
Chair of the Board.]
Article – Natural Resources
3–1005.
(a) The Coast Smart Council shall include: WES MOORE, Governor Ch. 435
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(1) The Secretary of Natural Resources, or the Secretary’s designee;
(2) The Secretary of Budget and Management, or the Secretary’s designee;
(3) The Secretary of the Environment, or the Secretary’s designee;
(4) The Secretary of General Services, or the Secretary’s designee;
(5) The Secretary of Planning, or the Secretary’s designee;
(6) The Secretary of Transportation, or the Secretary’s designee;
(7) The Secretary of Commerce, or the Secretary’s designee;
(8) The Chair of the Critical Area Commission for the Chesapeake and
Atlantic Coastal Bays, or the Chair’s designee;
(9) The Secretary of Emergency Management, or the Secretary’s designee;
(10) [The State Treasurer COMPTROLLER , or the State Treasurer’s
COMPTROLLER ’S designee;
(11)] The Chancellor of the University System of Maryland, or the
Chancellor’s designee; and
[(12)] (11) Five members appointed by the Governor to represent local
government, environmental, and business interests.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2024.
Approved by the Governor, May 9, 2024.