MD
Maryland Senate Bill SB777

Maryland 2024 Regular Session

Maryland Senate Bill SB777 Compare Versions

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1- WES MOORE, Governor Ch. 436
21
3-– 1 –
4-Chapter 436
5-(Senate Bill 777)
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0777*
810
9-State Treasurer and Comptroller – Membership Responsibilities
11+SENATE BILL 777
12+P1, M4, M3 (4lr3377)
13+ENROLLED BILL
14+— Budget and Taxation/Environment and Transportation —
15+Introduced by The President (By Request – State Treasurer)
1016
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; establishing adding
16-the Comptroller or the Comptroller’s designee as a member of the Maryland
17-Commission on Climate Change and the Coast Smart Council; and generally relating
18-to membership responsibilities of the State Treasurer and Comptroller.
17+Read and Examined by Proofreaders:
1918
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)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
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+Sealed with the Great Seal and presented to the Governor, for his approval this
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+_______ day of _______________ at ________________________ o’clock, ________M.
3827
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)
28+______________________________________________
29+President.
4430
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. 436 2024 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
33+AN ACT concerning 1
5234
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)
35+State Treasurer and Comptroller – Membership Responsibilities 2
5836
59- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
60-That the Laws of Maryland read as follows:
37+FOR the purpose of removing the State Treasurer from the Board of Trustees for the 3
38+Maryland Agricultural Land Preservation Foundation and repealing certain related 4
39+authority and duties; removing the State Treasurer or the State Treasurer’s designee 5
40+from the Maryland Commission on Climate Change, the Board of Directors for the 6
41+Maryland Environmental Service, and the Coast Smart Council; establishing adding 7
42+the Comptroller or the Comptroller’s designee as a member of the Maryland 8
43+Commission on Climate Change and the Coast Smart Council; and generally relating 9
44+to membership responsibilities of the State Treasurer and Comptroller. 10
6145
62-Article – Agriculture
46+BY repealing and reenacting, with amendments, 11
47+ Article – Agriculture 12
48+Section 2–503(a)(1), 2–510(d), (e), (i), and (k), 2–512(b) and (d), and 2–514(g), (h), and 13
49+(i)(4)(i) 14 2 SENATE BILL 777
6350
64-2–503.
6551
66- (a) (1) The Maryland Agricultural Land Preservation Foundation shall be
67-governed and administered by a board of trustees composed of:
52+ Annotated Code of Maryland 1
53+ (2016 Replacement Volume and 2023 Supplement) 2
6854
69- (i) The [State Treasurer, the] Comptroller, the Secretary of
70-Planning, and the Secretary, all of whom shall serve as ex officio members;
55+BY repealing and reenacting, without amendments, 3
56+ Article – Agriculture 4
57+Section 2–510(a), (b), and (c) and 2–514(a), (b), (c), and (i)(1) 5
58+ Annotated Code of Maryland 6
59+ (2016 Replacement Volume and 2023 Supplement) 7
7160
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:
61+BY repealing and reenacting, without amendments, 8
62+ Article – Environment 9
63+Section 2–1301(a) 10
64+ Annotated Code of Maryland 11
65+ (2013 Replacement Volume and 2023 Supplement) 12
7666
77- 1. One from a list of three nominees submitted by the
78-Maryland Agricultural Commission;
67+BY repealing and reenacting, with amendments, 13
68+ Article – Environment 14
69+Section 2–1302(a) 15
70+ Annotated Code of Maryland 16
71+ (2013 Replacement Volume and 2023 Supplement) 17
7972
80- 2. One from a list of three nominees submitted by the
81-Maryland Farm Bureau;
73+BY repealing and reenacting, without amendments, 18
74+ Article – Natural Resources 19
75+Section 3–103(a) 20
76+ Annotated Code of Maryland 21
77+ (2023 Replacement Volume and 2023 Supplement) 22
8278
83- 3. One from a list of three nominees submitted by the
84-Maryland State Grange; and
79+BY repealing and reenacting, with amendments, 23
80+ Article – Natural Resources 24
81+Section 3–103(b) and 3–1005(a) 25
82+ Annotated Code of Maryland 26
83+ (2023 Replacement Volume and 2023 Supplement) 27
8584
86- 4. One from a list of three nominees submitted by the Young
87-Farmers Advisory Board; and
85+ SECTION 1. BE IT ENACTED B Y THE GENERAL ASSEMBLY OF MARYLAND, 28
86+That the Laws of Maryland read as follows: 29
8887
89- (iii) Any designee appointed by an ex officio member under
90-paragraph (3) of this subsection.
88+Article – Agriculture 30
9189
92-2–510.
90+2–503. 31
9391
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. 436
92+ (a) (1) The Maryland Agricultural Land Preservation Foundation shall be 32
93+governed and administered by a board of trustees composed of: 33
9894
99-– 3 –
95+ (i) The [State Treasurer, the] Comptroller, the Secretary of 34
96+Planning, and the Secretary, all of whom shall serve as ex officio members; 35
97+ SENATE BILL 777 3
10098
101- (b) In order to be considered by the Foundation, an application to sell shall:
10299
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;
100+ (ii) Nine members from the State at–large to be appointed by the 1
101+Governor, at least six of whom shall be farmer representatives who are engaged in or 2
102+retired from active farming from different areas of the State, and four of whom shall be 3
103+appointed as follows: 4
105104
106- (2) Include an asking price at which the owner is willing to sell an
107-easement; and
105+ 1. One from a list of three nominees submitted by the 5
106+Maryland Agricultural Commission; 6
108107
109- (3) Include a complete description of the land for the proposed easement.
108+ 2. One from a list of three nominees submitted by the 7
109+Maryland Farm Bureau; 8
110110
111- (c) The board shall determine the maximum number of applications that it will
112-accept from each county in each offer cycle.
111+ 3. One from a list of three nominees submitted by the 9
112+Maryland State Grange; and 10
113113
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.
114+ 4. One from a list of three nominees submitted by the Young 11
115+Farmers Advisory Board; and 12
117116
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.
117+ (iii) Any designee appointed by an ex officio member under 13
118+paragraph (3) of this subsection. 14
121119
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.
120+2–510. 15
125121
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.
122+ (a) An owner of agricultural land whose application to sell an easement has been 16
123+approved by the county under this subtitle may sell an easement to the Foundation on the 17
124+contiguous acreage of the agricultural land, subject to the requirements of this subtitle and 18
125+regulations of the Foundation. 19
130126
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.
127+ (b) In order to be considered by the Foundation, an application to sell shall: 20
134128
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.
129+ (1) Be received by the board at a time the board determines for the fiscal 21
130+year in which the application is to be considered; 22
139131
140- (2) An offer to buy may specify terms, contingencies, and conditions not
141-contained in the original application.
132+ (2) Include an asking price at which the owner is willing to sell an 23
133+easement; and 24
142134
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. 436 2024 LAWS OF MARYLAND
135+ (3) Include a complete description of the land for the proposed easement. 25
146136
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.
137+ (c) The board shall determine the maximum number of applications that it will 26
138+accept from each county in each offer cycle. 27
150139
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.
140+ (d) (1) Within 30 days after the receipt of an application from the county 28
141+governing body, the Foundation shall notify the landowner and the county governing body 29
142+of the receipt and sufficiency of the application. 30
155143
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.
144+ (2) If the original application is insufficient, the Foundation shall specify 31
145+the reason for insufficiency, and the Foundation shall grant an additional 30 days for the 32
146+landowner to remedy the insufficiency. 33 4 SENATE BILL 777
159147
160- (ii) 1. The landowner shall receive interest on any unpaid
161-balance remaining after the date of settlement.
162148
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.
169149
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.
150+ (3) If the application is made sufficient within 30 days of the notification 1
151+by the Foundation, the application shall be considered as if it had originally been submitted 2
152+in a timely and sufficient manner. 3
172153
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.
154+ (e) (1) If the application is submitted to the Foundation prior to county 4
155+approval, then within 60 days of the notification of sufficiency of the application, the county 5
156+governing body shall advise the Foundation as to the county’s approval or disapproval of 6
157+the application. 7
175158
176- (ii) The installment purchase agreement shall:
159+ (2) The Foundation shall grant a 30–day extension of this approval period 8
160+if the county governing body applies to the Foundation for an extension and states its 9
161+reasons for seeking an extension. 10
177162
178- 1. Require that the Foundation make annual equal
179-payments to the landowner of interest on the outstanding balance of the purchase price;
163+ (i) (1) [Upon] ON approval of a majority of the board members at–large, and 11
164+[upon] ON the recommendation of [the State Treasurer and] the Secretary, an application 12
165+to sell shall be approved, and an offer to buy containing the specific terms of the purchase 13
166+shall be tendered to the landowner. 14
180167
181- 2. Require that the Foundation pay the landowner the
182-remainder of the purchase price at the end of the term;
168+ (2) An offer to buy may specify terms, contingencies, and conditions not 15
169+contained in the original application. 16
183170
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
171+ (k) (1) (I) At the time of settlement of the purchase of an easement, the 17
172+landowner and the Foundation may agree [upon] ON and establish a schedule of payment 18
173+such that the landowner may receive consideration for the easement in a lump sum, in 19
174+installments over a period of up to 10 years from the date of settlement, or as provided in 20
175+an installment purchase agreement under paragraph (3) of this subsection. 21
186176
187- 4. Require that the easement be recorded within 30 days of
188-settlement.
177+ (II) At the time of settlement, the Foundation shall notify in writing 22
178+each landowner who sells an agricultural easement to the Foundation of the schedule of 23
179+anticipated ranges of interest rates to be paid on any unpaid balance after the date of 24
180+settlement. 25
189181
190-2–512.
191- WES MOORE, Governor Ch. 436
182+ (2) (i) If a schedule of installments is agreed [upon] ON, the 26
183+Comptroller shall retain in the Maryland Agricultural Land Preservation Fund an amount 27
184+of money sufficient to pay the landowner according to the schedule. 28
192185
193-– 5 –
194- (b) The Foundation may approve a local program of agricultural land
195-preservation [upon] ON request of a county, provided that:
186+ (ii) 1. The landowner shall receive interest on any unpaid 29
187+balance remaining after the date of settlement. 30
196188
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
189+ 2. The State Treasurer shall invest the unpaid balance 31
190+remaining after the date of settlement in a certificate or certificates of deposit at the 32
191+maximum interest rate offered by a bank servicing the State or at such other institutions 33
192+which pay the maximum interest rates payable on time and savings deposits at federally 34
193+insured commercial banks selected by the Treasurer, to mature in accordance with an 35
194+agreed [upon] ON schedule of installments as provided in this section. 36 SENATE BILL 777 5
201195
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
206196
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.
210197
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].
198+ 3. Any interest earned on the invested unpaid balance shall 1
199+be paid with the installment when due, less 1/4 of 1 percent. 2
214200
215-2–514.
201+ (3) (i) The Foundation may pay the landowner according to a schedule, 3
202+up to a maximum term of 15 years, established in an installment purchase agreement. 4
216203
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.
204+ (ii) The installment purchase agreement shall: 5
219205
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.
206+ 1. Require that the Foundation make annual equal 6
207+payments to the landowner of interest on the outstanding balance of the purchase price; 7
222208
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.
209+ 2. Require that the Foundation pay the landowner the 8
210+remainder of the purchase price at the end of the term; 9
226211
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.
212+ 3. State the total amount of money the Foundation will pay 10
213+the landowner, the interest rate, and the terms of the agreement; and 11
230214
231- (2) A landowner is not eligible to terminate any easement:
215+ 4. Require that the easement be recorded within 30 days of 12
216+settlement. 13
232217
233- (i) Purchased using an installment purchase agreement, as
234-provided in § 2–510(k) of this subtitle; or
218+2–512. 14
235219
236- (ii) Approved for purchase by the Board of Public Works on or after
237-October 1, 2004.
238- Ch. 436 2024 LAWS OF MARYLAND
220+ (b) The Foundation may approve a local program of agricultural land 15
221+preservation [upon] ON request of a county, provided that: 16
239222
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.
223+ (1) The county shall agree to make payments up to a specified aggregate 17
224+amount to the Maryland Agricultural Land Preservation Fund to equal at least 40 percent 18
225+of the value of any easement acquired by the Foundation as a result of a matching allotted 19
226+purchase, made during the ensuing fiscal year; and 20
245227
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.
228+ (2) The county shall show evidence that any county program for the 21
229+acquisition of agricultural land for preservation, or easements for purposes of preservation 22
230+of agricultural land, will not result in preservation of land which does not meet the 23
231+minimum standards set by the Foundation under § 2–509 of this subtitle; and 24
248232
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.
233+ (3) The request for approval of a local program must be submitted to the 25
234+Foundation, together with any necessary agreements not later than 90 days prior to the 26
235+beginning of the fiscal year for which approval is being sought. 27
252236
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.
237+ (d) Local programs shall be approved [upon] ON the affirmative vote of a majority 28
238+of the Foundation members at–large, and [upon] ON approval of the Secretary [and the 29
239+State Treasurer]. 30
255240
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.
241+2–514. 31
242+ 6 SENATE BILL 777
260243
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.
264244
265-Article – Environment
245+ (a) (1) This section applies only to easements approved for purchase by the 1
246+Board of Public Works on or before September 30, 2004. 2
266247
267-2–1301.
248+ (2) All easements approved for purchase by the Board of Public Works on 3
249+or after October 1, 2004, are perpetual and not eligible for termination. 4
268250
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.
251+ (b) An easement approved by the Board of Public Works on or before September 5
252+30, 2004, and held by the Foundation may be terminated only under extraordinary 6
253+circumstances and in the manner specified in this section. 7
272254
273-2–1302.
255+ (c) (1) Except as provided in paragraph (2) of this subsection, after 25 years 8
256+from the date of purchase of an easement, a landowner may request that the easement be 9
257+reviewed for possible termination, subject to the requirements of this section. 10
274258
275- (a) The Commission’s membership shall consist of the following members:
259+ (2) A landowner is not eligible to terminate any easement: 11
276260
277- (1) One member of the House of Delegates, appointed by the Speaker of the
278-House;
261+ (i) Purchased using an installment purchase agreement, as 12
262+provided in § 2–510(k) of this subtitle; or 13
279263
280- (2) One member of the Senate, appointed by the President of the Senate;
264+ (ii) Approved for purchase by the Board of Public Works on or after 14
265+October 1, 2004. 15
281266
282- (3) [The State Treasurer, or the State Treasurer’s COMPTROLLER , OR
283-THE COMPTROLLER ’S designee;
267+ (g) (1) If the board of trustees members at large deny the request for 16
268+termination because they determine that it is feasible to farm the land in a profitable 17
269+manner, the termination review process ends and the Foundation is not required to 18
270+continue to consider the request for termination. 19
284271
285- (4)] The Secretary of the Environment, or the Secretary’s designee; WES MOORE, Governor Ch. 436
272+ (2) If the board of trustees members at large approve the request for 20
273+termination, the Secretary [and State Treasurer] shall review the request. 21
286274
287-– 7 –
275+ (h) (1) If both the county governing body and the board of trustees members at 22
276+large approve a request for termination, an easement shall be terminated only if [both] the 23
277+Secretary [and the State Treasurer approve] APPROVES the request for termination. 24
288278
289- [(5)] (4) The Secretary of Agriculture, or the Secretary’s designee;
279+ (2) The Secretary [and the State Treasurer’s designee serving on the board 25
280+of trustees] may approve or deny the request for termination. 26
290281
291- [(6)] (5) The Secretary of Natural Resources, or the Secretary’s designee;
282+ (i) (1) If the request for termination is approved, two fair market value 27
283+appraisals of the subject land shall be ordered by the Department of General Services at 28
284+the direction of the Foundation at the expense of the landowner requesting termination of 29
285+the easement. 30
292286
293- [(7)] (6) The Secretary of Planning, or the Secretary’s designee;
287+ (4) (i) [Upon] ON receipt of the written statement from the 31
288+Department of General Services, the Foundation shall issue a notification to the landowner 32
289+of the approved fair market value. 33
290+ SENATE BILL 777 7
294291
295- [(8)] (7) The State Superintendent of Schools, or the State
296-Superintendent’s designee;
297292
298- [(9)] (8) The Secretary of Transportation, or the Secretary’s designee;
293+Article – Environment 1
299294
300- [(10)] (9) The Secretary of General Services, or the Secretary’s designee;
295+2–1301. 2
301296
302- [(11)] (10) The Director of the Maryland Energy Administration, or the
303-Director’s designee;
297+ (a) There is a Commission on Climate Change in the Department to advise the 3
298+Governor and General Assembly on ways to mitigate the causes of, prepare for, and adapt 4
299+to the consequences of climate change. 5
304300
305- [(12)] (11) The People’s Counsel, or the People’s Counsel’s designee;
301+2–1302. 6
306302
307- [(13)] (12) The President of the University of Maryland Center for
308-Environmental Science, or the President’s designee;
303+ (a) The Commission’s membership shall consist of the following members: 7
309304
310- [(14)] (13) The Chair of the Critical Area Commission for the Chesapeake
311-and Atlantic Coastal Bays, or the Chair’s designee;
305+ (1) One member of the House of Delegates, appointed by the Speaker of the 8
306+House; 9
312307
313- [(15)] (14) One member appointed by the Farm Bureau representing the
314-agriculture community;
308+ (2) One member of the Senate, appointed by the President of the Senate; 10
315309
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;
310+ (3) [The State Treasurer, or the State Treasurer’s COMPTROLLER , OR 11
311+THE COMPTROLLER ’S designee; 12
319312
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;
313+ (4)] The Secretary of the Environment, or the Secretary’s designee; 13
323314
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;
315+ [(5)] (4) The Secretary of Agriculture, or the Secretary’s designee; 14
327316
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. 436 2024 LAWS OF MARYLAND
317+ [(6)] (5) The Secretary of Natural Resources, or the Secretary’s designee; 15
333318
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;
319+ [(7)] (6) The Secretary of Planning, or the Secretary’s designee; 16
337320
338- [(21)] (20) One climate change expert appointed by the Governor
339-representing a university located in Maryland; and
321+ [(8)] (7) The State Superintendent of Schools, or the State 17
322+Superintendent’s designee; 18
340323
341- [(22)] (21) One public health expert appointed by the Governor representing
342-a university located in Maryland.
324+ [(9)] (8) The Secretary of Transportation, or the Secretary’s designee; 19
343325
344-Article – Natural Resources
326+ [(10)] (9) The Secretary of General Services, or the Secretary’s designee; 20
345327
346-3–103.
328+ [(11)] (10) The Director of the Maryland Energy Administration, or the 21
329+Director’s designee; 22
347330
348- (a) (1) There is a body politic and corporate known as the “Maryland
349-Environmental Service”.
331+ [(12)] (11) The People’s Counsel, or the People’s Counsel’s designee; 23
350332
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.
333+ [(13)] (12) The President of the University of Maryland Center for 24
334+Environmental Science, or the President’s designee; 25
354335
355- (b) (1) There are four officers of the Service:
336+ [(14)] (13) The Chair of the Critical Area Commission for the Chesapeake 26
337+and Atlantic Coastal Bays, or the Chair’s designee; 27
338+ 8 SENATE BILL 777
356339
357- (i) An Executive Director;
358340
359- (ii) A Deputy Director;
341+ [(15)] (14) One member appointed by the Farm Bureau representing the 1
342+agriculture community; 2
360343
361- (iii) A Secretary; and
344+ [(16)] (15) One member appointed by the Maryland Association of Counties 3
345+and one member appointed by the Maryland Municipal League to represent loca l 4
346+governments; 5
362347
363- (iv) A Treasurer.
348+ [(17)] (16) One member appointed by the President of the Senate and one 6
349+member appointed by the Speaker of the House of Delegates to represent the business 7
350+community; 8
364351
365- (2) (i) The four officers of the Service shall be appointed in accordance
366-with this paragraph.
352+ [(18)] (17) One member appointed by the President of the Senate and one 9
353+member appointed by the Speaker of the House of Delegates to represent environmental 10
354+nonprofit organizations; 11
367355
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.
356+ [(19)] (18) One member appointed by the President of the Senate and one 12
357+member appointed by the Speaker of the House to represent organized labor, one of whom 13
358+shall represent the building or construction trades and one of whom shall represent the 14
359+manufacturing industry; 15
371360
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.
361+ [(20)] (19) One member appointed by the President of the Senate and one 16
362+member appointed by the Speaker of the House to represent philanthropic organizations; 17
375363
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. 436
364+ [(21)] (20) One climate change expert appointed by the Governor 18
365+representing a university located in Maryland; and 19
380366
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.
367+ [(22)] (21) One public health expert appointed by the Governor representing 20
368+a university located in Maryland. 21
385369
386- (iv) 1. The Secretary and the Treasurer shall be selected by the
387-Board from among the Board’s members.
370+Article – Natural Resources 22
388371
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.
372+3–103. 23
392373
393- (3) The Board of Directors of the Service shall consist of the following
394-members:
374+ (a) (1) There is a body politic and corporate known as the “Maryland 24
375+Environmental Service”. 25
395376
396- (i) The Executive Director, who shall serve as a nonvoting member;
377+ (2) The Service is an instrumentality of the State and a public corporation 26
378+by that name, style, and title, and the exercise by the Service of the powers conferred by 27
379+this subtitle is the performance of an essential governmental function of the State. 28
397380
398- (ii) [The State Treasurer, or the State Treasurer’s designee;
381+ (b) (1) There are four officers of the Service: 29
399382
400- (iii)] Three members from the public sector in the State in positions
401-responsible for environmental, water, wastewater, or solid waste management;
383+ (i) An Executive Director; 30
402384
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;
385+ (ii) A Deputy Director; 31
386+ SENATE BILL 777 9
406387
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
410388
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.
389+ (iii) A Secretary; and 1
414390
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.
391+ (iv) A Treasurer. 2
419392
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.
393+ (2) (i) The four officers of the Service shall be appointed in accordance 3
394+with this paragraph. 4
423395
424- (iii) The Governor may not appoint an employee of the Service to the
425-Board.
426- Ch. 436 2024 LAWS OF MARYLAND
396+ (ii) 1. The Executive Director shall be appointed by the 5
397+Governor, with the advice and consent of the Senate solely with regard to the qualifications 6
398+for the duties of the office. 7
427399
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.
400+ 2. The Executive Director serves at the pleasure of the Board 8
401+with the concurrence of the Governor and shall receive such compensation as may be 9
402+determined by the Board. 10
431403
432- (5) (i) [Five] FOUR members constitute a quorum for the transaction
433-of business of the Board.
404+ (iii) 1. The Deputy Director shall be appointed by the Executive 11
405+Director with the approval of the Governor solely with regard to the qualifications for the 12
406+duties of the office. 13
434407
435- (ii) The affirmative vote of at least [five] FOUR members is
436-necessary for any action taken by the Board.
408+ 2. The Deputy Director serves at the pleasure of the 14
409+Executive Director and shall receive such compensation as may be determined by the 15
410+Board. 16
437411
438- (6) Those members of the Board not already holding a public office shall
439-receive from the Service:
412+ (iv) 1. The Secretary and the Treasurer shall be selected by the 17
413+Board from among the Board’s members. 18
440414
441- (i) Per diem compensation as established by the Board; and
415+ 2. The Secretary and the Treasurer serve at the pleasure of 19
416+the Board and shall receive such compensation as may be reasonably determined by the 20
417+Board. 21
442418
443- (ii) Reimbursement for expenses under Standard State Travel
444-Regulations.
419+ (3) The Board of Directors of the Service shall consist of the following 22
420+members: 23
445421
446- (7) The term of a member [other than the State Treasurer] is 4 years.
422+ (i) The Executive Director, who shall serve as a nonvoting member; 24
447423
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.
424+ (ii) [The State Treasurer, or the State Treasurer’s designee; 25
450425
451- (9) At the end of a term, a member continues to serve until a successor is
452-appointed and qualifies.
426+ (iii)] Three members from the public sector in the State in positions 26
427+responsible for environmental, water, wastewater, or solid waste management; 27
453428
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.
429+ [(iv)] (III) One member from the private sector in the State with 28
430+technical, financial, development, or legal experience related to environmental, water, 29
431+wastewater, or solid waste management; 30
432+ 10 SENATE BILL 777
456433
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.
460434
461- (12) Subject to paragraphs (13) and (14) of this subsection, the Board shall
462-select a Chair from among the Board’s members.
435+ [(v)] (IV) One member from the private sector in the State with 1
436+financial experience related to environmental, water, wastewater, or solid waste 2
437+management; and 3
463438
464- (13) The Executive Director may not serve as the Secretary, Treasurer, or
465-Chair of the Board.
439+ [(vi)] (V) One member from the private sector in the State with 4
440+experience or expertise in matters related to business ethics, preferably involving board of 5
441+director ethics and conflicts of interest. 6
466442
467- [(14) The State Treasurer may not serve as the Secretary, Treasurer, or
468-Chair of the Board.]
443+ (4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, the 7
444+public sector and private sector members of the Board, as set forth in paragraph [(3)(iii)] 8
445+(3)(II) through [(vi)] (V) of this subsection shall be appointed by the Governor with the 9
446+advice and consent of the Senate. 10
469447
470-Article – Natural Resources
448+ (ii) The Governor shall select at least one of the public sector 11
449+members of the Board from a list of recommendations jointly compiled by the Maryland 12
450+Association of Counties and the Maryland Municipal League. 13
471451
472-3–1005.
452+ (iii) The Governor may not appoint an employee of the Service to the 14
453+Board. 15
473454
474- (a) The Coast Smart Council shall include: WES MOORE, Governor Ch. 436
455+ (iv) At least one of the public sector or private sector members shall 16
456+be a resident of a rural county in the State. 17
475457
476-– 11 –
458+ (5) (i) [Five] FOUR members constitute a quorum for the transaction 18
459+of business of the Board. 19
477460
478- (1) The Secretary of Natural Resources, or the Secretary’s designee;
461+ (ii) The affirmative vote of at least [five] FOUR members is 20
462+necessary for any action taken by the Board. 21
479463
480- (2) The Secretary of Budget and Management, or the Secretary’s designee;
464+ (6) Those members of the Board not already holding a public office shall 22
465+receive from the Service: 23
481466
482- (3) The Secretary of the Environment, or the Secretary’s designee;
467+ (i) Per diem compensation as established by the Board; and 24
483468
484- (4) The Secretary of General Services, or the Secretary’s designee;
469+ (ii) Reimbursement for expenses under Standard State Travel 25
470+Regulations. 26
485471
486- (5) The Secretary of Planning, or the Secretary’s designee;
472+ (7) The term of a member [other than the State Treasurer] is 4 years. 27
487473
488- (6) The Secretary of Transportation, or the Secretary’s designee;
474+ (8) The terms of members [other than the State Treasurer] are staggered 28
475+as required by the terms provided for those members of the Board on July 1, 2021. 29
489476
490- (7) The Secretary of Commerce, or the Secretary’s designee;
477+ (9) At the end of a term, a member continues to serve until a successor is 30
478+appointed and qualifies. 31
479+ SENATE BILL 777 11
491480
492- (8) The Chair of the Critical Area Commission for the Chesapeake and
493-Atlantic Coastal Bays, or the Chair’s designee;
494481
495- (9) The Secretary of Emergency Management, or the Secretary’s designee;
482+ (10) A member who is appointed after a term has begun serves only the 1
483+remainder of that term and until a successor is appointed and qualifies. 2
496484
497- (10) [The State Treasurer, or the State Treasurer’s COMPTROLLER , OR
498-THE COMPTROLLER ’S designee;
485+ (11) A member of the Board who is appointed under paragraph (3)(iii) 3
486+through (vi) of this subsection may serve only two consecutive full 4–year terms, plus any 4
487+partial term served before the initial 4–year term. 5
499488
500- (11)] The Chancellor of the University System of Maryland, or the
501-Chancellor’s designee; and
489+ (12) Subject to paragraphs (13) and (14) of this subsection, the Board shall 6
490+select a Chair from among the Board’s members. 7
502491
503- [(12)] (11) Five members appointed by the Governor to represent local
504-government, environmental, and business interests.
492+ (13) The Executive Director may not serve as the Secretary, Treasurer, or 8
493+Chair of the Board. 9
505494
506- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
507-1, 2024.
495+ [(14) The State Treasurer may not serve as the Secretary, Treasurer, or 10
496+Chair of the Board.] 11
508497
509-Approved by the Governor, May 9, 2024.
498+Article – Natural Resources 12
499+
500+3–1005. 13
501+
502+ (a) The Coast Smart Council shall include: 14
503+
504+ (1) The Secretary of Natural Resources, or the Secretary’s designee; 15
505+
506+ (2) The Secretary of Budget and Management, or the Secretary’s designee; 16
507+
508+ (3) The Secretary of the Environment, or the Secretary’s designee; 17
509+
510+ (4) The Secretary of General Services, or the Secretary’s designee; 18
511+
512+ (5) The Secretary of Planning, or the Secretary’s designee; 19
513+
514+ (6) The Secretary of Transportation, or the Secretary’s designee; 20
515+
516+ (7) The Secretary of Commerce, or the Secretary’s designee; 21
517+
518+ (8) The Chair of the Critical Area Commission for the Chesapeake and 22
519+Atlantic Coastal Bays, or the Chair’s designee; 23
520+
521+ (9) The Secretary of Emergency Management, or the Secretary’s designee; 24
522+
523+ (10) [The State Treasurer, or the State Treasurer’s COMPTROLLER , OR 25
524+THE COMPTROLLE R’S designee; 26
525+
526+ (11)] The Chancellor of the University System of Maryland, or the 27
527+Chancellor’s designee; and 28 12 SENATE BILL 777
528+
529+
530+
531+ [(12)] (11) Five members appointed by the Governor to represent local 1
532+government, environmental, and business interests. 2
533+
534+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 3
535+1, 2024. 4
536+
537+
538+
539+
540+
541+Approved:
542+________________________________________________________________________________
543+ Governor.
544+________________________________________________________________________________
545+ President of the Senate.
546+________________________________________________________________________________
547+ Speaker of the House of Delegates.