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Maryland House Bill HB918

Maryland 2024 Regular Session

Maryland House Bill HB918 Compare Versions

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1- WES MOORE, Governor Ch. 435
21
3-– 1 –
4-Chapter 435
5-(House Bill 918)
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+ *hb0918*
89
9-State Treasurer and Comptroller – Membership Responsibilities
10+HOUSE BILL 918
11+P1, M4, M3 4lr2544
12+ CF SB 777
13+By: The Speaker (By Request – State Treasurer)
14+Introduced and read first time: February 2, 2024
15+Assigned to: Environment and Transportation
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 1, 2024
1019
11-FOR the purpose of removing the State Treasurer from the Board of Trustees for the
12-Maryland Agricultural Land Preservation Foundation and repealing certain related
13-authority and duties; removing the State Treasurer or the State Treasurer’s designee
14-from the Maryland Commission on Climate Change, the Board of Directors for the
15-Maryland Environmental Service, and the Coast Smart Council; adding the
16-Comptroller or the Comptroller’s designee as a member of the Maryland Commission
17-on Climate Change and the Coast Smart Council; and generally relating to
18-membership responsibilities of the State Treasurer and Comptroller.
20+CHAPTER ______
1921
20-BY repealing and reenacting, with amendments,
21- Article – Agriculture
22-Section 2–503(a)(1), 2–510(d), (e), (i), and (k), 2–512(b) and (d), and 2–514(g), (h), and
23-(i)(4)(i)
24- Annotated Code of Maryland
25- (2016 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2623
27-BY repealing and reenacting, without amendments,
28- Article – Agriculture
29-Section 2–510(a), (b), and (c) and 2–514(a), (b), (c), and (i)(1)
30- Annotated Code of Maryland
31- (2016 Replacement Volume and 2023 Supplement)
24+State Treasurer and Comptroller – Membership Responsibilities 2
3225
33-BY repealing and reenacting, without amendments,
34- Article – Environment
35-Section 2–1301(a)
36- Annotated Code of Maryland
37- (2013 Replacement Volume and 2023 Supplement)
26+FOR the purpose of removing the State Treasurer from the Board of Trustees for the 3
27+Maryland Agricultural Land Preservation Foundation and repealing certain related 4
28+authority and duties; removing the State Treasurer or the State Treasurer’s designee 5
29+from the Maryland Commission on Climate Change, the Board of Directors for the 6
30+Maryland Environmental Service, and the Coast Smart Council; adding the 7
31+Comptroller or the Comptroller’s designee as a member of the Maryland Commission 8
32+on Climate Change and the Coast Smart Council; and generally relating to 9
33+membership responsibilities of the State Treasurer and Comptroller. 10
3834
39-BY repealing and reenacting, with amendments,
40- Article – Environment
41-Section 2–1302(a)
42- Annotated Code of Maryland
43- (2013 Replacement Volume and 2023 Supplement)
35+BY repealing and reenacting, with amendments, 11
36+ Article – Agriculture 12
37+Section 2–503(a)(1), 2–510(d), (e), (i), and (k), 2–512(b) and (d), and 2–514(g), (h), and 13
38+(i)(4)(i) 14
39+ Annotated Code of Maryland 15
40+ (2016 Replacement Volume and 2023 Supplement) 16
4441
45-BY repealing and reenacting, without amendments,
46- Article – Natural Resources
47-Section 3–103(a)
48- Annotated Code of Maryland
49- (2023 Replacement Volume and 2023 Supplement) Ch. 435 2024 LAWS OF MARYLAND
42+BY repealing and reenacting, without amendments, 17
43+ Article – Agriculture 18
44+Section 2–510(a), (b), and (c) and 2–514(a), (b), (c), and (i)(1) 19
45+ Annotated Code of Maryland 20
46+ (2016 Replacement Volume and 2023 Supplement) 21
5047
51-– 2 –
48+BY repealing and reenacting, without amendments, 22 2 HOUSE BILL 918
5249
53-BY repealing and reenacting, with amendments,
54- Article – Natural Resources
55-Section 3–103(b) and 3–1005(a)
56- Annotated Code of Maryland
57- (2023 Replacement Volume and 2023 Supplement)
5850
59- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
60-That the Laws of Maryland read as follows:
51+ Article – Environment 1
52+Section 2–1301(a) 2
53+ Annotated Code of Maryland 3
54+ (2013 Replacement Volume and 2023 Supplement) 4
6155
62-Article – Agriculture
56+BY repealing and reenacting, with amendments, 5
57+ Article – Environment 6
58+Section 2–1302(a) 7
59+ Annotated Code of Maryland 8
60+ (2013 Replacement Volume and 2023 Supplement) 9
6361
64-2–503.
62+BY repealing and reenacting, without amendments, 10
63+ Article – Natural Resources 11
64+Section 3–103(a) 12
65+ Annotated Code of Maryland 13
66+ (2023 Replacement Volume and 2023 Supplement) 14
6567
66- (a) (1) The Maryland Agricultural Land Preservation Foundation shall be
67-governed and administered by a board of trustees composed of:
68+BY repealing and reenacting, with amendments, 15
69+ Article – Natural Resources 16
70+Section 3–103(b) and 3–1005(a) 17
71+ Annotated Code of Maryland 18
72+ (2023 Replacement Volume and 2023 Supplement) 19
6873
69- (i) The [State Treasurer, the] Comptroller, the Secretary of
70-Planning, and the Secretary, all of whom shall serve as ex officio members;
74+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
75+That the Laws of Maryland read as follows: 21
7176
72- (ii) Nine members from the State at–large to be appointed by the
73-Governor, at least six of whom shall be farmer representatives who are engaged in or
74-retired from active farming from different areas of the State, and four of whom shall be
75-appointed as follows:
77+Article – Agriculture 22
7678
77- 1. One from a list of three nominees submitted by the
78-Maryland Agricultural Commission;
79+2–503. 23
7980
80- 2. One from a list of three nominees submitted by the
81-Maryland Farm Bureau;
81+ (a) (1) The Maryland Agricultural Land Preservation Foundation shall be 24
82+governed and administered by a board of trustees composed of: 25
8283
83- 3. One from a list of three nominees submitted by the
84-Maryland State Grange; and
84+ (i) The [State Treasurer, the] Comptroller, the Secretary of 26
85+Planning, and the Secretary, all of whom shall serve as ex officio members; 27
8586
86- 4. One from a list of three nominees submitted by the Young
87-Farmers Advisory Board; and
87+ (ii) Nine members from the State at–large to be appointed by the 28
88+Governor, at least six of whom shall be farmer representatives who are engaged in or 29
89+retired from active farming from different areas of the State, and four of whom shall be 30
90+appointed as follows: 31
8891
89- (iii) Any designee appointed by an ex officio member under
90-paragraph (3) of this subsection.
92+ 1. One from a list of three nominees submitted by the 32
93+Maryland Agricultural Commission; 33
9194
92-2–510.
95+ 2. One from a list of three nominees submitted by the 34
96+Maryland Farm Bureau; 35
97+ HOUSE BILL 918 3
9398
94- (a) An owner of agricultural land whose application to sell an easement has been
95-approved by the county under this subtitle may sell an easement to the Foundation on the
96-contiguous acreage of the agricultural land, subject to the requirements of this subtitle and
97-regulations of the Foundation. WES MOORE, Governor Ch. 435
9899
99-– 3 –
100+ 3. One from a list of three nominees submitted by the 1
101+Maryland State Grange; and 2
100102
101- (b) In order to be considered by the Foundation, an application to sell shall:
103+ 4. One from a list of three nominees submitted by the Young 3
104+Farmers Advisory Board; and 4
102105
103- (1) Be received by the board at a time the board determines for the fiscal
104-year in which the application is to be considered;
106+ (iii) Any designee appointed by an ex officio member under 5
107+paragraph (3) of this subsection. 6
105108
106- (2) Include an asking price at which the owner is willing to sell an
107-easement; and
109+2–510. 7
108110
109- (3) Include a complete description of the land for the proposed easement.
111+ (a) An owner of agricultural land whose application to sell an easement has been 8
112+approved by the county under this subtitle may sell an easement to the Foundation on the 9
113+contiguous acreage of the agricultural land, subject to the requirements of this subtitle and 10
114+regulations of the Foundation. 11
110115
111- (c) The board shall determine the maximum number of applications that it will
112-accept from each county in each offer cycle.
116+ (b) In order to be considered by the Foundation, an application to sell shall: 12
113117
114- (d) (1) Within 30 days after the receipt of an application from the county
115-governing body, the Foundation shall notify the landowner and the county governing body
116-of the receipt and sufficiency of the application.
118+ (1) Be received by the board at a time the board determines for the fiscal 13
119+year in which the application is to be considered; 14
117120
118- (2) If the original application is insufficient, the Foundation shall specify
119-the reason for insufficiency, and the Foundation shall grant an additional 30 days for the
120-landowner to remedy the insufficiency.
121+ (2) Include an asking price at which the owner is willing to sell an 15
122+easement; and 16
121123
122- (3) If the application is made sufficient within 30 days of the notification
123-by the Foundation, the application shall be considered as if it had originally been submitted
124-in a timely and sufficient manner.
124+ (3) Include a complete description of the land for the proposed easement. 17
125125
126- (e) (1) If the application is submitted to the Foundation prior to county
127-approval, then within 60 days of the notification of sufficiency of the application, the county
128-governing body shall advise the Foundation as to the county’s approval or disapproval of
129-the application.
126+ (c) The board shall determine the maximum number of applications that it will 18
127+accept from each county in each offer cycle. 19
130128
131- (2) The Foundation shall grant a 30–day extension of this approval period
132-if the county governing body applies to the Foundation for an extension and states its
133-reasons for seeking an extension.
129+ (d) (1) Within 30 days after the receipt of an application from the county 20
130+governing body, the Foundation shall notify the landowner and the county governing body 21
131+of the receipt and sufficiency of the application. 22
134132
135- (i) (1) [Upon] ON approval of a majority of the board members at–large, and
136-[upon] ON the recommendation of [the State Treasurer and] the Secretary, an application
137-to sell shall be approved, and an offer to buy containing the specific terms of the purchase
138-shall be tendered to the landowner.
133+ (2) If the original application is insufficient, the Foundation shall specify 23
134+the reason for insufficiency, and the Foundation shall grant an additional 30 days for the 24
135+landowner to remedy the insufficiency. 25
139136
140- (2) An offer to buy may specify terms, contingencies, and conditions not
141-contained in the original application.
137+ (3) If the application is made sufficient within 30 days of the notification 26
138+by the Foundation, the application shall be considered as if it had originally been submitted 27
139+in a timely and sufficient manner. 28
142140
143- (k) (1) (I) At the time of settlement of the purchase of an easement, the
144-landowner and the Foundation may agree [upon] ON and establish a schedule of payment
145-such that the landowner may receive consideration for the easement in a lump sum, in Ch. 435 2024 LAWS OF MARYLAND
141+ (e) (1) If the application is submitted to the Foundation prior to county 29
142+approval, then within 60 days of the notification of sufficiency of the application, the county 30
143+governing body shall advise the Foundation as to the county’s approval or disapproval of 31
144+the application. 32
145+ 4 HOUSE BILL 918
146146
147-– 4 –
148-installments over a period of up to 10 years from the date of settlement, or as provided in
149-an installment purchase agreement under paragraph (3) of this subsection.
150147
151- (II) At the time of settlement, the Foundation shall notify in writing
152-each landowner who sells an agricultural easement to the Foundation of the schedule of
153-anticipated ranges of interest rates to be paid on any unpaid balance after the date of
154-settlement.
148+ (2) The Foundation shall grant a 30–day extension of this approval period 1
149+if the county governing body applies to the Foundation for an extension and states its 2
150+reasons for seeking an extension. 3
155151
156- (2) (i) If a schedule of installments is agreed [upon] ON, the
157-Comptroller shall retain in the Maryland Agricultural Land Preservation Fund an amount
158-of money sufficient to pay the landowner according to the schedule.
152+ (i) (1) [Upon] ON approval of a majority of the board members at–large, and 4
153+[upon] ON the recommendation of [the State Treasurer and] the Secretary, an application 5
154+to sell shall be approved, and an offer to buy containing the specific terms of the purchase 6
155+shall be tendered to the landowner. 7
159156
160- (ii) 1. The landowner shall receive interest on any unpaid
161-balance remaining after the date of settlement.
157+ (2) An offer to buy may specify terms, contingencies, and conditions not 8
158+contained in the original application. 9
162159
163- 2. The State Treasurer shall invest the unpaid balance
164-remaining after the date of settlement in a certificate or certificates of deposit at the
165-maximum interest rate offered by a bank servicing the State or at such other institutions
166-which pay the maximum interest rates payable on time and savings deposits at federally
167-insured commercial banks selected by the Treasurer, to mature in accordance with an
168-agreed [upon] ON schedule of installments as provided in this section.
160+ (k) (1) (I) At the time of settlement of the purchase of an easement, the 10
161+landowner and the Foundation may agree [upon] ON and establish a schedule of payment 11
162+such that the landowner may receive consideration for the easement in a lump sum, in 12
163+installments over a period of up to 10 years from the date of settlement, or as provided in 13
164+an installment purchase agreement under paragraph (3) of this subsection. 14
169165
170- 3. Any interest earned on the invested unpaid balance shall
171-be paid with the installment when due, less 1/4 of 1 percent.
166+ (II) At the time of settlement, the Foundation shall notify in writing 15
167+each landowner who sells an agricultural easement to the Foundation of the schedule of 16
168+anticipated ranges of interest rates to be paid on any unpaid balance after the date of 17
169+settlement. 18
172170
173- (3) (i) The Foundation may pay the landowner according to a schedule,
174-up to a maximum term of 15 years, established in an installment purchase agreement.
171+ (2) (i) If a schedule of installments is agreed [upon] ON, the 19
172+Comptroller shall retain in the Maryland Agricultural Land Preservation Fund an amount 20
173+of money sufficient to pay the landowner according to the schedule. 21
175174
176- (ii) The installment purchase agreement shall:
175+ (ii) 1. The landowner shall receive interest on any unpaid 22
176+balance remaining after the date of settlement. 23
177177
178- 1. Require that the Foundation make annual equal
179-payments to the landowner of interest on the outstanding balance of the purchase price;
178+ 2. The State Treasurer shall invest the unpaid balance 24
179+remaining after the date of settlement in a certificate or certificates of deposit at the 25
180+maximum interest rate offered by a bank servicing the State or at such other institutions 26
181+which pay the maximum interest rates payable on time and savings deposits at federally 27
182+insured commercial banks selected by the Treasurer, to mature in accordance with an 28
183+agreed [upon] ON schedule of installments as provided in this section. 29
180184
181- 2. Require that the Foundation pay the landowner the
182-remainder of the purchase price at the end of the term;
185+ 3. Any interest earned on the invested unpaid balance shall 30
186+be paid with the installment when due, less 1/4 of 1 percent. 31
183187
184- 3. State the total amount of money the Foundation will pay
185-the landowner, the interest rate, and the terms of the agreement; and
188+ (3) (i) The Foundation may pay the landowner according to a schedule, 32
189+up to a maximum term of 15 years, established in an installment purchase agreement. 33
186190
187- 4. Require that the easement be recorded within 30 days of
188-settlement.
191+ (ii) The installment purchase agreement shall: 34
192+ HOUSE BILL 918 5
189193
190-2–512.
191- WES MOORE, Governor Ch. 435
192194
193-– 5 –
194- (b) The Foundation may approve a local program of agricultural land
195-preservation [upon] ON request of a county, provided that:
195+ 1. Require that the Foundation make annual equal 1
196+payments to the landowner of interest on the outstanding balance of the purchase price; 2
196197
197- (1) The county shall agree to make payments up to a specified aggregate
198-amount to the Maryland Agricultural Land Preservation Fund to equal at least 40 percent
199-of the value of any easement acquired by the Foundation as a result of a matching allotted
200-purchase, made during the ensuing fiscal year; and
198+ 2. Require that the Foundation pay the landowner the 3
199+remainder of the purchase price at the end of the term; 4
201200
202- (2) The county shall show evidence that any county program for the
203-acquisition of agricultural land for preservation, or easements for purposes of preservation
204-of agricultural land, will not result in preservation of land which does not meet the
205-minimum standards set by the Foundation under § 2–509 of this subtitle; and
201+ 3. State the total amount of money the Foundation will pay 5
202+the landowner, the interest rate, and the terms of the agreement; and 6
206203
207- (3) The request for approval of a local program must be submitted to the
208-Foundation, together with any necessary agreements not later than 90 days prior to the
209-beginning of the fiscal year for which approval is being sought.
204+ 4. Require that the easement be recorded within 30 days of 7
205+settlement. 8
210206
211- (d) Local programs shall be approved [upon] ON the affirmative vote of a majority
212-of the Foundation members at–large, and [upon] ON approval of the Secretary [and the
213-State Treasurer].
207+2–512. 9
214208
215-2–514.
209+ (b) The Foundation may approve a local program of agricultural land 10
210+preservation [upon] ON request of a county, provided that: 11
216211
217- (a) (1) This section applies only to easements approved for purchase by the
218-Board of Public Works on or before September 30, 2004.
212+ (1) The county shall agree to make payments up to a specified aggregate 12
213+amount to the Maryland Agricultural Land Preservation Fund to equal at least 40 percent 13
214+of the value of any easement acquired by the Foundation as a result of a matching allotted 14
215+purchase, made during the ensuing fiscal year; and 15
219216
220- (2) All easements approved for purchase by the Board of Public Works on
221-or after October 1, 2004, are perpetual and not eligible for termination.
217+ (2) The county shall show evidence that any county program for the 16
218+acquisition of agricultural land for preservation, or easements for purposes of preservation 17
219+of agricultural land, will not result in preservation of land which does not meet the 18
220+minimum standards set by the Foundation under § 2–509 of this subtitle; and 19
222221
223- (b) An easement approved by the Board of Public Works on or before September
224-30, 2004, and held by the Foundation may be terminated only under extraordinary
225-circumstances and in the manner specified in this section.
222+ (3) The request for approval of a local program must be submitted to the 20
223+Foundation, together with any necessary agreements not later than 90 days prior to the 21
224+beginning of the fiscal year for which approval is being sought. 22
226225
227- (c) (1) Except as provided in paragraph (2) of this subsection, after 25 years
228-from the date of purchase of an easement, a landowner may request that the easement be
229-reviewed for possible termination, subject to the requirements of this section.
226+ (d) Local programs shall be approved [upon] ON the affirmative vote of a majority 23
227+of the Foundation members at–large, and [upon] ON approval of the Secretary [and the 24
228+State Treasurer]. 25
230229
231- (2) A landowner is not eligible to terminate any easement:
230+2–514. 26
232231
233- (i) Purchased using an installment purchase agreement, as
234-provided in § 2–510(k) of this subtitle; or
232+ (a) (1) This section applies only to easements approved for purchase by the 27
233+Board of Public Works on or before September 30, 2004. 28
235234
236- (ii) Approved for purchase by the Board of Public Works on or after
237-October 1, 2004.
238- Ch. 435 2024 LAWS OF MARYLAND
235+ (2) All easements approved for purchase by the Board of Public Works on 29
236+or after October 1, 2004, are perpetual and not eligible for termination. 30
239237
240-– 6 –
241- (g) (1) If the board of trustees members at large deny the request for
242-termination because they determine that it is feasible to farm the land in a profitable
243-manner, the termination review process ends and the Foundation is not required to
244-continue to consider the request for termination.
238+ (b) An easement approved by the Board of Public Works on or before September 31
239+30, 2004, and held by the Foundation may be terminated only under extraordinary 32
240+circumstances and in the manner specified in this section. 33
241+ 6 HOUSE BILL 918
245242
246- (2) If the board of trustees members at large approve the request for
247-termination, the Secretary [and State Treasurer] shall review the request.
248243
249- (h) (1) If both the county governing body and the board of trustees members at
250-large approve a request for termination, an easement shall be terminated only if [both] the
251-Secretary [and the State Treasurer approve] APPROVES the request for termination.
244+ (c) (1) Except as provided in paragraph (2) of this subsection, after 25 years 1
245+from the date of purchase of an easement, a landowner may request that the easement be 2
246+reviewed for possible termination, subject to the requirements of this section. 3
252247
253- (2) The Secretary [and the State Treasurer’s designee serving on the board
254-of trustees] may approve or deny the request for termination.
248+ (2) A landowner is not eligible to terminate any easement: 4
255249
256- (i) (1) If the request for termination is approved, two fair market value
257-appraisals of the subject land shall be ordered by the Department of General Services at
258-the direction of the Foundation at the expense of the landowner requesting termination of
259-the easement.
250+ (i) Purchased using an installment purchase agreement, as 5
251+provided in § 2–510(k) of this subtitle; or 6
260252
261- (4) (i) [Upon] ON receipt of the written statement from the
262-Department of General Services, the Foundation shall issue a notification to the landowner
263-of the approved fair market value.
253+ (ii) Approved for purchase by the Board of Public Works on or after 7
254+October 1, 2004. 8
264255
265-Article – Environment
256+ (g) (1) If the board of trustees members at large deny the request for 9
257+termination because they determine that it is feasible to farm the land in a profitable 10
258+manner, the termination review process ends and the Foundation is not required to 11
259+continue to consider the request for termination. 12
266260
267-2–1301.
261+ (2) If the board of trustees members at large approve the request for 13
262+termination, the Secretary [and State Treasurer] shall review the request. 14
268263
269- (a) There is a Commission on Climate Change in the Department to advise the
270-Governor and General Assembly on ways to mitigate the causes of, prepare for, and adapt
271-to the consequences of climate change.
264+ (h) (1) If both the county governing body and the board of trustees members at 15
265+large approve a request for termination, an easement shall be terminated only if [both] the 16
266+Secretary [and the State Treasurer approve] APPROVES the request for termination. 17
272267
273-2–1302.
268+ (2) The Secretary [and the State Treasurer’s designee serving on the board 18
269+of trustees] may approve or deny the request for termination. 19
274270
275- (a) The Commission’s membership shall consist of the following members:
271+ (i) (1) If the request for termination is approved, two fair market value 20
272+appraisals of the subject land shall be ordered by the Department of General Services at 21
273+the direction of the Foundation at the expense of the landowner requesting termination of 22
274+the easement. 23
276275
277- (1) One member of the House of Delegates, appointed by the Speaker of the
278-House;
276+ (4) (i) [Upon] ON receipt of the written statement from the 24
277+Department of General Services, the Foundation shall issue a notification to the landowner 25
278+of the approved fair market value. 26
279279
280- (2) One member of the Senate, appointed by the President of the Senate;
280+Article – Environment 27
281281
282- (3) [The State Treasurer COMPTROLLER , or the State Treasurer’s
283-COMPTROLLER ’S designee;
282+2–1301. 28
284283
285- (4)] The Secretary of the Environment, or the Secretary’s designee; WES MOORE, Governor Ch. 435
284+ (a) There is a Commission on Climate Change in the Department to advise the 29
285+Governor and General Assembly on ways to mitigate the causes of, prepare for, and adapt 30
286+to the consequences of climate change. 31
286287
287-– 7 –
288+2–1302. 32
289+ HOUSE BILL 918 7
288290
289- [(5)] (4) The Secretary of Agriculture, or the Secretary’s designee;
290291
291- [(6)] (5) The Secretary of Natural Resources, or the Secretary’s designee;
292+ (a) The Commission’s membership shall consist of the following members: 1
292293
293- [(7)] (6) The Secretary of Planning, or the Secretary’s designee;
294+ (1) One member of the House of Delegates, appointed by the Speaker of the 2
295+House; 3
294296
295- [(8)] (7) The State Superintendent of Schools, or the State
296-Superintendent’s designee;
297+ (2) One member of the Senate, appointed by the President of the Senate; 4
297298
298- [(9)] (8) The Secretary of Transportation, or the Secretary’s designee;
299+ (3) [The State Treasurer COMPTROLLER , or the State Treasurer’s 5
300+COMPTROLLER ’S designee; 6
299301
300- [(10)] (9) The Secretary of General Services, or the Secretary’s designee;
302+ (4)] The Secretary of the Environment, or the Secretary’s designee; 7
301303
302- [(11)] (10) The Director of the Maryland Energy Administration, or the
303-Director’s designee;
304+ [(5)] (4) The Secretary of Agriculture, or the Secretary’s designee; 8
304305
305- [(12)] (11) The People’s Counsel, or the People’s Counsel’s designee;
306+ [(6)] (5) The Secretary of Natural Resources, or the Secretary’s designee; 9
306307
307- [(13)] (12) The President of the University of Maryland Center for
308-Environmental Science, or the President’s designee;
308+ [(7)] (6) The Secretary of Planning, or the Secretary’s designee; 10
309309
310- [(14)] (13) The Chair of the Critical Area Commission for the Chesapeake
311-and Atlantic Coastal Bays, or the Chair’s designee;
310+ [(8)] (7) The State Superintendent of Schools, or the State 11
311+Superintendent’s designee; 12
312312
313- [(15)] (14) One member appointed by the Farm Bureau representing the
314-agriculture community;
313+ [(9)] (8) The Secretary of Transportation, or the Secretary’s designee; 13
315314
316- [(16)] (15) One member appointed by the Maryland Association of Counties
317-and one member appointed by the Maryland Municipal League to represent local
318-governments;
315+ [(10)] (9) The Secretary of General Services, or the Secretary’s designee; 14
319316
320- [(17)] (16) One member appointed by the President of the Senate and one
321-member appointed by the Speaker of the House of Delegates to represent the business
322-community;
317+ [(11)] (10) The Director of the Maryland Energy Administration, or the 15
318+Director’s designee; 16
323319
324- [(18)] (17) One member appointed by the President of the Senate and one
325-member appointed by the Speaker of the House of Delegates to represent environmental
326-nonprofit organizations;
320+ [(12)] (11) The People’s Counsel, or the People’s Counsel’s designee; 17
327321
328- [(19)] (18) One member appointed by the President of the Senate and one
329-member appointed by the Speaker of the House to represent organized labor, one of whom
330-shall represent the building or construction trades and one of whom shall represent the
331-manufacturing industry;
332- Ch. 435 2024 LAWS OF MARYLAND
322+ [(13)] (12) The President of the University of Maryland Center for 18
323+Environmental Science, or the President’s designee; 19
333324
334-– 8 –
335- [(20)] (19) One member appointed by the President of the Senate and one
336-member appointed by the Speaker of the House to represent philanthropic organizations;
325+ [(14)] (13) The Chair of the Critical Area Commission for the Chesapeake 20
326+and Atlantic Coastal Bays, or the Chair’s designee; 21
337327
338- [(21)] (20) One climate change expert appointed by the Governor
339-representing a university located in Maryland; and
328+ [(15)] (14) One member appointed by the Farm Bureau representing the 22
329+agriculture community; 23
340330
341- [(22)] (21) One public health expert appointed by the Governor representing
342-a university located in Maryland.
331+ [(16)] (15) One member appointed by the Maryland Association of Counties 24
332+and one member appointed by the Maryland Municipal League to represent local 25
333+governments; 26
343334
344-Article – Natural Resources
335+ [(17)] (16) One member appointed by the President of the Senate and one 27
336+member appointed by the Speaker of the House of Delegates to represent the business 28
337+community; 29 8 HOUSE BILL 918
345338
346-3–103.
347339
348- (a) (1) There is a body politic and corporate known as the “Maryland
349-Environmental Service”.
350340
351- (2) The Service is an instrumentality of the State and a public corporation
352-by that name, style, and title, and the exercise by the Service of the powers conferred by
353-this subtitle is the performance of an essential governmental function of the State.
341+ [(18)] (17) One member appointed by the President of the Senate and one 1
342+member appointed by the Speaker of the House of Delegates to represent environmental 2
343+nonprofit organizations; 3
354344
355- (b) (1) There are four officers of the Service:
345+ [(19)] (18) One member appointed by the President of the Senate and one 4
346+member appointed by the Speaker of the House to represent organized labor, one of whom 5
347+shall represent the building or construction trades and one of whom shall represent the 6
348+manufacturing industry; 7
356349
357- (i) An Executive Director;
350+ [(20)] (19) One member appointed by the President of the Senate and one 8
351+member appointed by the Speaker of the House to represent philanthropic organizations; 9
358352
359- (ii) A Deputy Director;
353+ [(21)] (20) One climate change expert appointed by the Governor 10
354+representing a university located in Maryland; and 11
360355
361- (iii) A Secretary; and
356+ [(22)] (21) One public health expert appointed by the Governor representing 12
357+a university located in Maryland. 13
362358
363- (iv) A Treasurer.
359+Article – Natural Resources 14
364360
365- (2) (i) The four officers of the Service shall be appointed in accordance
366-with this paragraph.
361+3–103. 15
367362
368- (ii) 1. The Executive Director shall be appointed by the
369-Governor, with the advice and consent of the Senate solely with regard to the qualifications
370-for the duties of the office.
363+ (a) (1) There is a body politic and corporate known as the “Maryland 16
364+Environmental Service”. 17
371365
372- 2. The Executive Director serves at the pleasure of the Board
373-with the concurrence of the Governor and shall receive such compensation as may be
374-determined by the Board.
366+ (2) The Service is an instrumentality of the State and a public corporation 18
367+by that name, style, and title, and the exercise by the Service of the powers conferred by 19
368+this subtitle is the performance of an essential governmental function of the State. 20
375369
376- (iii) 1. The Deputy Director shall be appointed by the Executive
377-Director with the approval of the Governor solely with regard to the qualifications for the
378-duties of the office.
379- WES MOORE, Governor Ch. 435
370+ (b) (1) There are four officers of the Service: 21
380371
381-– 9 –
382- 2. The Deputy Director serves at the pleasure of the
383-Executive Director and shall receive such compensation as may be determined by the
384-Board.
372+ (i) An Executive Director; 22
385373
386- (iv) 1. The Secretary and the Treasurer shall be selected by the
387-Board from among the Board’s members.
374+ (ii) A Deputy Director; 23
388375
389- 2. The Secretary and the Treasurer serve at the pleasure of
390-the Board and shall receive such compensation as may be reasonably determined by the
391-Board.
376+ (iii) A Secretary; and 24
392377
393- (3) The Board of Directors of the Service shall consist of the following
394-members:
378+ (iv) A Treasurer. 25
395379
396- (i) The Executive Director, who shall serve as a nonvoting member;
380+ (2) (i) The four officers of the Service shall be appointed in accordance 26
381+with this paragraph. 27
397382
398- (ii) [The State Treasurer, or the State Treasurer’s designee;
383+ (ii) 1. The Executive Director shall be appointed by the 28
384+Governor, with the advice and consent of the Senate solely with regard to the qualifications 29
385+for the duties of the office. 30
386+ HOUSE BILL 918 9
399387
400- (iii)] Three members from the public sector in the State in positions
401-responsible for environmental, water, wastewater, or solid waste management;
402388
403- [(iv)] (III) One member from the private sector in the State with
404-technical, financial, development, or legal experience related to environmental, water,
405-wastewater, or solid waste management;
389+ 2. The Executive Director serves at the pleasure of the Board 1
390+with the concurrence of the Governor and shall receive such compensation as may be 2
391+determined by the Board. 3
406392
407- [(v)] (IV) One member from the private sector in the State with
408-financial experience related to environmental, water, wastewater, or solid waste
409-management; and
393+ (iii) 1. The Deputy Director shall be appointed by the Executive 4
394+Director with the approval of the Governor solely with regard to the qualifications for the 5
395+duties of the office. 6
410396
411- [(vi)] (V) One member from the private sector in the State with
412-experience or expertise in matters related to business ethics, preferably involving board of
413-director ethics and conflicts of interest.
397+ 2. The Deputy Director serves at the pleasure of the 7
398+Executive Director and shall receive such compensation as may be determined by the 8
399+Board. 9
414400
415- (4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the
416-public sector and private sector members of the Board, as set forth in paragraph [(3)(iii)]
417-(3)(II) through [(vi)] (V) of this subsection shall be appointed by the Governor with the
418-advice and consent of the Senate.
401+ (iv) 1. The Secretary and the Treasurer shall be selected by the 10
402+Board from among the Board’s members. 11
419403
420- (ii) The Governor shall select at least one of the public sector
421-members of the Board from a list of recommendations jointly compiled by the Maryland
422-Association of Counties and the Maryland Municipal League.
404+ 2. The Secretary and the Treasurer serve at the pleasure of 12
405+the Board and shall receive such compensation as may be reasonably determined by the 13
406+Board. 14
423407
424- (iii) The Governor may not appoint an employee of the Service to the
425-Board.
426- Ch. 435 2024 LAWS OF MARYLAND
408+ (3) The Board of Directors of the Service shall consist of the following 15
409+members: 16
427410
428-– 10 –
429- (iv) At least one of the public sector or private sector members shall
430-be a resident of a rural county in the State.
411+ (i) The Executive Director, who shall serve as a nonvoting member; 17
431412
432- (5) (i) [Five] FOUR members constitute a quorum for the transaction
433-of business of the Board.
413+ (ii) [The State Treasurer, or the State Treasurer’s designee; 18
434414
435- (ii) The affirmative vote of at least [five] FOUR members is
436-necessary for any action taken by the Board.
415+ (iii)] Three members from the public sector in the State in positions 19
416+responsible for environmental, water, wastewater, or solid waste management; 20
437417
438- (6) Those members of the Board not already holding a public office shall
439-receive from the Service:
418+ [(iv)] (III) One member from the private sector in the State with 21
419+technical, financial, development, or legal experience related to environmental, water, 22
420+wastewater, or solid waste management; 23
440421
441- (i) Per diem compensation as established by the Board; and
422+ [(v)] (IV) One member from the private sector in the State with 24
423+financial experience related to environmental, water, wastewater, or solid waste 25
424+management; and 26
442425
443- (ii) Reimbursement for expenses under Standard State Travel
444-Regulations.
426+ [(vi)] (V) One member from the private sector in the State with 27
427+experience or expertise in matters related to business ethics, preferably involving board of 28
428+director ethics and conflicts of interest. 29
445429
446- (7) The term of a member [other than the State Treasurer] is 4 years.
430+ (4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the 30
431+public sector and private sector members of the Board, as set forth in paragraph [(3)(iii)] 31
432+(3)(II) through [(vi)] (V) of this subsection shall be appointed by the Governor with the 32
433+advice and consent of the Senate. 33
434+ 10 HOUSE BILL 918
447435
448- (8) The terms of members [other than the State Treasurer] are staggered
449-as required by the terms provided for those members of the Board on July 1, 2021.
450436
451- (9) At the end of a term, a member continues to serve until a successor is
452-appointed and qualifies.
437+ (ii) The Governor shall select at least one of the public sector 1
438+members of the Board from a list of recommendations jointly compiled by the Maryland 2
439+Association of Counties and the Maryland Municipal League. 3
453440
454- (10) A member who is appointed after a term has begun serves only the
455-remainder of that term and until a successor is appointed and qualifies.
441+ (iii) The Governor may not appoint an employee of the Service to the 4
442+Board. 5
456443
457- (11) A member of the Board who is appointed under paragraph (3)(iii)
458-through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any
459-partial term served before the initial 4–year term.
444+ (iv) At least one of the public sector or private sector members shall 6
445+be a resident of a rural county in the State. 7
460446
461- (12) Subject to paragraphs (13) and (14) of this subsection, the Board shall
462-select a Chair from among the Board’s members.
447+ (5) (i) [Five] FOUR members constitute a quorum for the transaction 8
448+of business of the Board. 9
463449
464- (13) The Executive Director may not serve as the Secretary, Treasurer, or
465-Chair of the Board.
450+ (ii) The affirmative vote of at least [five] FOUR members is 10
451+necessary for any action taken by the Board. 11
466452
467- [(14) The State Treasurer may not serve as the Secretary, Treasurer, or
468-Chair of the Board.]
453+ (6) Those members of the Board not already holding a public office shall 12
454+receive from the Service: 13
469455
470-Article – Natural Resources
456+ (i) Per diem compensation as established by the Board; and 14
471457
472-3–1005.
458+ (ii) Reimbursement for expenses under Standard State Travel 15
459+Regulations. 16
473460
474- (a) The Coast Smart Council shall include: WES MOORE, Governor Ch. 435
461+ (7) The term of a member [other than the State Treasurer] is 4 years. 17
475462
476-– 11 –
463+ (8) The terms of members [other than the State Treasurer] are staggered 18
464+as required by the terms provided for those members of the Board on July 1, 2021. 19
477465
478- (1) The Secretary of Natural Resources, or the Secretary’s designee;
466+ (9) At the end of a term, a member continues to serve until a successor is 20
467+appointed and qualifies. 21
479468
480- (2) The Secretary of Budget and Management, or the Secretary’s designee;
469+ (10) A member who is appointed after a term has begun serves only the 22
470+remainder of that term and until a successor is appointed and qualifies. 23
481471
482- (3) The Secretary of the Environment, or the Secretary’s designee;
472+ (11) A member of the Board who is appointed under paragraph (3)(iii) 24
473+through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any 25
474+partial term served before the initial 4–year term. 26
483475
484- (4) The Secretary of General Services, or the Secretary’s designee;
476+ (12) Subject to paragraphs (13) and (14) of this subsection, the Board shall 27
477+select a Chair from among the Board’s members. 28
485478
486- (5) The Secretary of Planning, or the Secretary’s designee;
479+ (13) The Executive Director may not serve as the Secretary, Treasurer, or 29
480+Chair of the Board. 30
481+ HOUSE BILL 918 11
487482
488- (6) The Secretary of Transportation, or the Secretary’s designee;
489483
490- (7) The Secretary of Commerce, or the Secretary’s designee;
484+ [(14) The State Treasurer may not serve as the Secretary, Treasurer, or 1
485+Chair of the Board.] 2
491486
492- (8) The Chair of the Critical Area Commission for the Chesapeake and
493-Atlantic Coastal Bays, or the Chair’s designee;
487+Article – Natural Resources 3
494488
495- (9) The Secretary of Emergency Management, or the Secretary’s designee;
489+3–1005. 4
496490
497- (10) [The State Treasurer COMPTROLLER , or the State Treasurer’s
498-COMPTROLLER ’S designee;
491+ (a) The Coast Smart Council shall include: 5
499492
500- (11)] The Chancellor of the University System of Maryland, or the
501-Chancellor’s designee; and
493+ (1) The Secretary of Natural Resources, or the Secretary’s designee; 6
502494
503- [(12)] (11) Five members appointed by the Governor to represent local
504-government, environmental, and business interests.
495+ (2) The Secretary of Budget and Management, or the Secretary’s designee; 7
505496
506- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
507-1, 2024.
497+ (3) The Secretary of the Environment, or the Secretary’s designee; 8
508498
509-Approved by the Governor, May 9, 2024.
499+ (4) The Secretary of General Services, or the Secretary’s designee; 9
500+
501+ (5) The Secretary of Planning, or the Secretary’s designee; 10
502+
503+ (6) The Secretary of Transportation, or the Secretary’s designee; 11
504+
505+ (7) The Secretary of Commerce, or the Secretary’s designee; 12
506+
507+ (8) The Chair of the Critical Area Commission for the Chesapeake and 13
508+Atlantic Coastal Bays, or the Chair’s designee; 14
509+
510+ (9) The Secretary of Emergency Management, or the Secretary’s designee; 15
511+
512+ (10) [The State Treasurer COMPTROLLER , or the State Treasurer’s 16
513+COMPTROLLER ’S designee; 17
514+
515+ (11)] The Chancellor of the University System of Maryland, or the 18
516+Chancellor’s designee; and 19
517+
518+ [(12)] (11) Five members appointed by the Governor to represent local 20
519+government, environmental, and business interests. 21
520+
521+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 22
522+1, 2024. 23
523+