EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0969*
SENATE BILL 969
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By: Senators Elfreth and Guzzone
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Stream and Watershed Restoration – Stream Restoration Contractor Licensing 2
and Chesapeake and Atlantic Coastal Bays Restoration and Funding 3
(Whole Watershed Act) 4
FOR the purpose of establishing the Stream Restoration Contractors Licensing Board; 5
requiring a person to be licensed as a stream restoration contractor or be employed 6
by an individual or entity that is licensed as a stream restoration contractor before 7
the person performs or solicits to perform stream restoration contractor services in 8
the State, subject to a certain exception; requiring the Department of the 9
Environment to provide notice of a certain violation to a stream restoration 10
contractor; requiring that up to a certain amount of funding from the Chesapeake 11
and Atlantic Coastal Bays 2010 Trust Fund be used to fund certain grants; 12
establishing the Whole Watershed Restoration Partnership to accelerate restoration 13
of the Chesapeake and Atlantic Coastal Bays and their watersheds; requiring the 14
Secretary of Natural Resources to establish a State management team to administer 15
the Partnership; establishing the Whole Watershed Fund as a special, nonlapsing 16
fund; requiring interest earnings of the Fund to be credited to the Fund; altering the 17
use and purpose of certain funds and accounts to include accelerating the restoration 18
of the Chesapeake Bay and Atlantic Coastal Bays and their watershed and providing 19
funding for the Fund; authorizing the use of the Waterway Improvement Fund for 20
projects that involve the beneficial use of dredged material; requiring all persons 21
performing or soliciting to perform stream restoration contractor services in the 22
State to register with the Department and pay a registration fee on or before a 23
certain date; requiring the Department to select certain registrants as the initial 24
three licensed stream restoration contractor members of the Stream Restoration 25
Contractors Licensing Board; and generally relating to stream and watershed 26
restoration in the State. 27
BY repealing and reenacting, with amendments, 28
Article – Agriculture 29
Section 2–505(a) and (c)(1), 8–702(a), and 8–704(a) 30 2 SENATE BILL 969
Annotated Code of Maryland 1
(2016 Replacement Volume and 2023 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Business Regulation 4
Section 8–301 5
Annotated Code of Maryland 6
(2015 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Environment 9
Section 1–406 10
Annotated Code of Maryland 11
(2013 Replacement Volume and 2023 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Environment 14
Section 9–1605.2(a)(1) and 9–1605.4(b) 15
Annotated Code of Maryland 16
(2014 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Environment 19
Section 9–1605.2(a)(2) and (i)(2)(xiii) and (xiv) and 9–1605.4(c) and (f) 20
Annotated Code of Maryland 21
(2014 Replacement Volume and 2023 Supplement) 22
BY adding to 23
Article – Environment 24
Section 9–1605.2(i)(2)(xv); and 18–101 through 18–501 to be under the new title 25
“Title 18. Stream Restoration Contractors” 26
Annotated Code of Maryland 27
(2014 Replacement Volume and 2023 Supplement) 28
BY repealing and reenacting, without amendments, 29
Article – Natural Resources 30
Section 8–2A–02(a) and (b) and 8–701(a) 31
Annotated Code of Maryland 32
(2023 Replacement Volume and 2023 Supplement) 33
BY adding to 34
Article – Natural Resources 35
Section 8–2A–02(f)(5); 8–2B–01 through 8–2B–03 to be under the new subtitle 36
“Subtitle 2B. Whole Watershed Restoration Partnership and Fund”; and 37
8–701(a–1) 38
Annotated Code of Maryland 39
(2023 Replacement Volume and 2023 Supplement) 40 SENATE BILL 969 3
BY repealing and reenacting, with amendments, 1
Article – Natural Resources 2
Section 8–707(a) and 8–708(b) 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(i) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)189. and 190. 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(ii)191. 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – State Government 22
Section 8–402 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
BY adding to 26
Article – State Government 27
Section 8–403(62) 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2023 Supplement) 30
BY repealing and reenacting, with amendments, 31
Article – State Government 32
Section 8–403(62) through (64) 33
Annotated Code of Maryland 34
(2021 Replacement Volume and 2023 Supplement) 35
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
That the Laws of Maryland read as follows: 37
Article – Agriculture 38 4 SENATE BILL 969
2–505. 1
(a) The Maryland Agricultural Land Preservation Fund is created and continued 2
for [the]: 3
(1) THE purposes specified in this subtitle; AND 4
(2) ACCELERATING THE REST ORATION OF THE CHESAPEAKE BAY 5
AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 6
(c) (1) The Comptroller of the Treasury may not disburse any money from the 7
Maryland Agricultural Land Preservation Fund other than: 8
(i) For costs associated with the staffing and administration of the 9
Maryland Agricultural Land Preservation Foundation; 10
(ii) For reasonable expenses incurred by the members of the board 11
of trustees of the Maryland Agricultural Land Preservation Foundation in the performance 12
of official duties; 13
(iii) For consideration in the purchase of agricultural land 14
preservation easements beginning with fiscal year 1979 and each fiscal year thereafter; 15
(iv) For costs associated with acquisition of agricultural land 16
preservation easements approved by the Foundation through the Critical Farms Program, 17
as provided in § 2–517 of this subtitle; [and] 18
(v) For the reimbursement of money paid by a landowner for a 19
preliminary release of a lot under § 2–513(b)(2) of this subtitle in accordance with 20
paragraph (5) of this subsection; AND 21
(VI) TO PROVIDE FUNDING FOR THE WHOLE WATERSHED FUND 22
ESTABLISHED UNDER § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 23
8–702. 24
(a) (1) The General Assembly finds and declares that agriculturally related 25
nonpoint sources of water pollution may potentially contribute to the degradation of the 26
water resources of this State and that prevention and control efforts have been hampered 27
because of the cost and lack of income producing potential in many agricultural practices 28
designed to protect water quality. 29
(2) To assist in the implementation of agricultural practices which 30
minimize water pollution from erosion, animal wastes, nutrients, and agricultural 31
chemicals AND TO ADDRESS THE WATER POLLUTION IMPACTS OF AGRICULT URE, a 32 SENATE BILL 969 5
cost sharing program between the State and eligible applicants is established for the public 1
benefit. 2
8–704. 3
(a) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTIO N, 4
State cost–sharing funds for a project being considered for State cost–sharing may be made 5
available: 6
[(1)] (I) For up to 100% of eligible costs, not to exceed a dollar amount of 7
up to $200,000 as determined by a regulation adopted jointly by the Secretary of 8
Agriculture and the Secretary of the Environment; and 9
[(2)] (II) If: 10
[(i)] 1. The Department of Agriculture, the soil conservation 11
district, and a person have executed an agreement which, among other things, obligates 12
the person to: 13
[1.] A. Establish, construct, or install the best 14
management practice or fixed natural filter practice in accordance with technical 15
specifications; 16
[2.] B. Maintain the best management practice or fixed 17
natural filter practice for its expected life span; and 18
[3.] C. Provide the required matching funds, if any, for the 19
project; 20
[(ii)] 2. The Board of Public Works has given approval to the 21
project when the proceeds of State bonds are to be used to finance the State share; and 22
[(iii)] 3. The soil conservation district has certified to the 23
Department that the project meets all applicable technical standards, and that all 24
submitted invoices properly represent eligible costs. 25
(2) STATE COST–SHARING FUNDS MAY BE MADE AVAILABLE TO FU ND 26
THE WHOLE WATERSHED FUND ESTABLISHED UNDE R § 8–2B–03 OF THE NATURAL 27
RESOURCES ARTICLE. 28
(3) A reduction in State cost–sharing rates for riparian forest buffers, 29
riparian herbaceous cover, wetland restoration, or pasture management may not be based 30
on tons of soil saved or an amortization formula. 31
6 SENATE BILL 969
(4) State cost–sharing rates for pasture management shall be based on the 1
applicable rate established by the U.S. Department of Agriculture’s Environmental Quality 2
Incentives Program. 3
(5) State cost–sharing rates paid for the planting of multiple species of 4
cover crops shall equal or exceed the rates paid for the planting of a single species of cover 5
crop. 6
(6) (i) 1. Except as authorized under subsubparagraph 2 of this 7
subparagraph and before the Department of Agriculture executes a cost–sharing 8
agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and 9
conditions of the agreement. 10
2. The Department may execute the agreement without the 11
consent of the landlord if: 12
A. The agreement concerns a short –term project that 13
involves only the planting of a cover crop; and 14
B. The Department has sent by first–class mail written 15
notice of a cover crop project to the landlord at least 10 calendar days before executing the 16
agreement for the first cover crop project during the term of the lease. 17
(ii) The Department may also require the granting to the State of an 18
appropriate security interest in any equipment, structures or similar items purchased with 19
State money. 20
(7) A cost–sharing agreement executed as required under this subtitle may 21
be assigned and transferred to a successor in title of all or part of a tract of land subject to 22
a best management practice. 23
Article – Business Regulation 24
8–301. 25
(a) Except as otherwise provided in this title, a person must have a contractor 26
license whenever the person acts as a contractor in the State. 27
(b) Except as otherwise provided in this title, a person must have a salesperson 28
license or contractor license whenever the person sells a home improvement in the State. 29
(c) This section does not apply to: 30
(1) an individual who works for a contractor for a salary or wages but who 31
is not a salesperson for the contractor; 32
SENATE BILL 969 7
(2) a clerical employee, retail clerk, or other employee of a licensed 1
contractor who is not a salesperson, as to a transaction on the premises of the licensed 2
contractor; 3
(3) a solicitor for a contractor who calls an owner by telephone only; 4
(4) an architect, electrician, plumber, heating, ventilation, 5
air–conditioning, or refrigeration contractor, or other person who: 6
(i) is required by State or local law to meet standards of competency 7
or experience before engaging in an occupation or profession; 8
(ii) currently is licensed in that occupation or profession under State 9
or local law; and 10
(iii) is: 11
1. acting only within the scope of that occupation or 12
profession; or 13
2. installing a central heating or air–conditioning system; 14
(5) a security systems technician licensed under Title 18 of the Business 15
Occupations and Professions Article; 16
(6) a marine contractor licensed under Title 17, Subtitle 3 of the 17
Environment Article; [or] 18
(7) A STREAM RESTORATION CONTRACTOR LICENSED UNDER TITLE 19
18, SUBTITLE 3 OF THE ENVIRONMENT ARTICLE; OR 20
[(7)] (8) a person who is selling a home improvement to be performed by 21
a person described in item (4) of this subsection. 22
Article – Environment 23
1–406. 24
The following units, among other units, are included in the Department: 25
(1) Air Quality Control Advisory Council; 26
(2) Hazardous Substances Advisory Council; 27
(3) Radiation Control Advisory Board; 28
(4) Science and Health Advisory Group; 29 8 SENATE BILL 969
(5) Board of Waterworks and Waste System Operators; 1
(6) Board of Well Drillers; 2
(7) Hazardous Waste Facilities Siting Board; 3
(8) Marine Contractors Licensing Board; [and] 4
(9) Board of On–Site Wastewater Professionals; AND 5
(10) STREAM RESTORATION CONTRACTORS LICENSING BOARD. 6
9–1605.2. 7
(a) (1) There is a Bay Restoration Fund. 8
(2) It is the intent of the General Assembly that the Bay Restoration Fund 9
be: 10
(i) Used, in part, to provide the funding necessary to upgrade any of 11
the wastewater treatment facilities that are located in the State or used by citizens of the 12
State in order to achieve enhanced nutrient removal where it is cost–effective to do so; [and] 13
(ii) Available for treatment facilities discharging into the Atlantic 14
Coastal Bays or other waters of the State, but that priority be given to treatment facilities 15
discharging into the Chesapeake Bay; AND 16
(III) USED TO ACCELERATE TH E RESTORATION OF THE 17
CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERSHEDS . 18
(i) (2) Funds in the Bay Restoration Fund shall be used only: 19
(xiii) After funding any eligible costs identified under item (iv)1 and 2 20
of this paragraph, for transfers to the Clean Water Commerce Account in accordance with 21
paragraph (3) of this subsection; [and] 22
(xiv) After funding any eligible costs identified under item (iv)1 and 2 23
of this paragraph, for the transfers required under paragraph (11) of this subsection; AND 24
(XV) TO FUND THE WHOLE WATERSHED FUND ESTABLISHED 25
UNDER § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 26
9–1605.4. 27
(b) There is a Clean Water Commerce Account. 28 SENATE BILL 969 9
(c) The purpose of the Account is to [purchase]: 1
(1) PURCHASE environmental outcomes in support of the State’s efforts to 2
achieve the Chesapeake Bay TMDL; AND 3
(2) ACCELERATE RESTORATIO N OF THE CHESAPEAKE BAY AND 4
ATLANTIC COASTAL BAYS AND THEIR WATERSHEDS . 5
(f) (1) Subject to the provisions of this subsection, the Account may be used 6
only for the purchase of cost–effective environmental outcomes that: 7
(i) Support the State’s efforts to achieve the Chesapeake Bay 8
TMDL; and 9
(ii) Have an expected life of at least 10 years. 10
(2) Except as provided in paragraph (3) of this subsection, in each fiscal 11
year: 12
(i) At least 35% shall be used to procure environmental outcomes 13
from agricultural practices, with priority given to projects that are: 14
1. A fixed natural filter practice, as defined in § 8–701 of the 15
Agriculture Article; or 16
2. An agricultural ditch management practice, as defined by 17
the Chesapeake Bay Program; 18
(ii) At least 20% shall be used to procure environmental outcomes 19
from projects, including stormwater management and green infrastructure projects, 20
established in communities disproportionately burdened by environmental harms and risks 21
as identified by the Department in consultation with the Commission on Environmental 22
Justice and Sustainable Communities; and 23
(iii) At least 10% shall be used to procure environmental outcomes 24
from nonagricultural landscape restoration projects that take into consideration the 25
project’s ecological suitability, including the hydrological conditions and other physical 26
characteristics of the location at which the project will be implemented. 27
(3) Any unencumbered funds not used to purchase environmental 28
outcomes as specified under paragraph (2) of this subsection are: 29
(i) No longer subject to the allocation requirements specified under 30
paragraph (2) of this subsection; and 31
10 SENATE BILL 969
(ii) Available for use consistent with this section in subsequent fiscal 1
years, INCLUDING TO FUND TH E WHOLE WATERSHED FUND ESTABLISHED UNDE R § 2
8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 3
(4) A project may include environmental outcomes from one or more of the 4
project types specified under paragraph (2) of this subsection. 5
TITLE 18. STREAM RESTORATION CONTRACTORS . 6
SUBTITLE 1. DEFINITIONS. 7
18–101. 8
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 9
INDICATED. 10
(B) “BOARD” MEANS THE STREAM RESTORATION CONTRACTORS 11
LICENSING BOARD. 12
(C) “ENTITY” MEANS A BUSINESS WIT H ITS PRINCIPAL OFFI CE IN THE 13
STATE THAT EMPLOYS MO RE THAN ONE INDIVIDU AL TO PROVIDE STREAM 14
RESTORATION CONTRACT OR SERVICES IN THE STATE. 15
(D) “LICENSE” MEANS A PROFESSIONAL LICENSE ISSUED BY TH E BOARD TO 16
AN INDIVIDUAL OR ENT ITY TO PERFORM STREA M RESTORATION CONTRA CTOR 17
SERVICES IN THE STATE. 18
(E) “LICENSED STREAM RESTO RATION CONTRACTOR ” MEANS AN 19
INDIVIDUAL OR ENTITY THAT HAS RECEIVED A LICENSE FROM THE BOARD TO 20
PERFORM STREAM RESTO RATION CONTRACTOR SE RVICES. 21
(F) (1) “STREAM RESTORATION CO NTRACTOR SERVICES ” MEANS 22
CONSTRUCTION , DEMOLITION, INSTALLATION, ALTERATION, REPAIR, OR SALVAGE 23
ACTIVITIES LOCATED I N, ON, OR UNDER STATE OR PRIVATE STRE AMS OR NONTIDAL 24
WETLANDS. 25
(2) “STREAM RESTORATION CO NTRACTOR SERVICES ” INCLUDES: 26
(I) IN–STREAM STRUCTURE INS TALLATION; 27
(II) STREAM CHANNEL RELOCA TION; 28
(III) STREAM BANK STABIL IZATION; 29
SENATE BILL 969 11
(IV) INFRASTRUCTURE PROTEC TION; 1
(V) HABITAT CREATION ; 2
(VI) FLOOR PROTECTION ; AND 3
(VII) STREAM CHANNEL FILLIN G. 4
SUBTITLE 2. STREAM RESTORATION CONTRACTORS LICENSING BOARD. 5
18–201. 6
(A) THERE IS A STREAM RESTORATION CONTRACTORS LICENSING BOARD 7
IN THE DEPARTMENT . 8
(B) SUBJECT TO THE PROVIS IONS OF THIS TITLE , THE BOARD IS 9
RESPONSIBLE FOR THE LICENSING AND REGULA TION OF INDIVIDUALS AND 10
ENTITIES THAT PROVID E STREAM RESTORATION CONTRACTOR SERVICES IN THE 11
STATE. 12
18–202. 13
(A) (1) THE BOARD CONSISTS OF SEV EN MEMBERS APPOINTED BY THE 14
GOVERNOR, WITH THE ADVICE OF T HE SECRETARY AND WITH TH E ADVICE AND 15
CONSENT OF THE SENATE. 16
(2) OF THE SEVEN MEMBERS : 17
(I) ONE SHALL BE EMPLOYED BY THE DEPARTMENT ; 18
(II) ONE SHALL BE EMPLOYED BY THE DEPARTMENT OF 19
NATURAL RESOURCES; 20
(III) THREE SHALL BE LICENS ED STREAM RESTORATIO N 21
CONTRACTORS AS FOLLO WS: 22
1. ONE FROM: 23
A. BALTIMORE CITY; 24
B. ANNE ARUNDEL COUNTY; 25
C. BALTIMORE COUNTY; 26 12 SENATE BILL 969
D. CALVERT COUNTY; 1
E. CHARLES COUNTY; 2
F. HARFORD COUNTY; 3
G. PRINCE GEORGE’S COUNTY; OR 4
H. ST. MARY’S COUNTY; 5
2. ONE FROM: 6
A. ALLEGANY COUNTY; 7
B. CARROLL COUNTY; 8
C. FREDERICK COUNTY; 9
D. GARRETT COUNTY; 10
E. HOWARD COUNTY; 11
F. MONTGOMERY COUNTY; OR 12
G. WASHINGTON COUNTY; AND 13
3. ONE FROM: 14
A. CAROLINE COUNTY; 15
B. CECIL COUNTY; 16
C. DORCHESTER COUNTY; 17
D. KENT COUNTY; 18
E. QUEEN ANNE’S COUNTY; 19
F. SOMERSET COUNTY; 20
G. TALBOT COUNTY; 21
SENATE BILL 969 13
H. WICOMICO COUNTY; OR 1
I. WORCESTER COUNTY; AND 2
(IV) TWO SHALL BE PRIVATE CITIZENS, APPOINTED AT LARGE , 3
WHO REPRESENT DIVERS E INTERESTS AS FOLLO WS: 4
1. ONE FROM: 5
A. BALTIMORE CITY; 6
B. ALLEGANY COUNTY; 7
C. ANNE ARUNDEL COUNTY; 8
D. CARROLL COUNTY; 9
E. BALTIMORE COUNTY; 10
F. FREDERICK COUNTY; 11
G. GARRETT COUNTY; 12
H. HARFORD COUNTY; 13
I. HOWARD COUNTY; 14
J. MONTGOMERY COUNTY; 15
K. PRINCE GEORGE’S COUNTY; OR 16
L. WASHINGTON COUNTY; AND 17
2. ONE FROM: 18
A. CALVERT COUNTY; 19
B. CAROLINE COUNTY; 20
C. CECIL COUNTY; 21
D. CHARLES COUNTY; 22
14 SENATE BILL 969
E. DORCHESTER COUNTY; 1
F. KENT COUNTY; 2
G. QUEEN ANNE’S COUNTY; 3
H. SOMERSET COUNTY; 4
I. ST. MARY’S COUNTY; 5
J. TALBOT COUNTY; 6
K. WICOMICO COUNTY; OR 7
L. WORCESTER COUNTY. 8
(B) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE 9
THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 10
(C) (1) THE TERM OF A MEMBER OF THE BOARD IS 3 YEARS. 11
(2) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE UNTIL 12
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 13
(3) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 14
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 15
QUALIFIES. 16
(D) THE GOVERNOR MAY REMOVE A MEMBER FROM THE BOARD FOR 17
INCOMPETENCE , MISCONDUCT , NEGLECT OF DUTY , OR OTHER SUFFICIENT CAUSE. 18
18–203. 19
(A) EACH YEAR, THE BOARD SHALL ELECT A C HAIR, VICE CHAIR, AND 20
SECRETARY FROM AMONG ITS MEMBERS. 21
(B) THE BOARD SHALL DETERMINE THE MANNER OF THE EL ECTION OF 22
OFFICERS. 23
18–204. 24
(A) THE BOARD SHALL MEET AT L EAST TWICE A YEAR , AT THE TIMES AND 25
PLACES THAT THE BOARD DETERMINES . 26 SENATE BILL 969 15
(B) EACH MEMBER OF THE BOARD IS ENTITLED TO REIMBURSEMENT FOR 1
EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN 2
THE STATE BUDGET . 3
(C) THE BOARD MAY EMPLOY STAF F IN ACCORDANCE WITH THE STATE 4
BUDGET. 5
18–205. 6
(A) THE BOARD MAY: 7
(1) AS NECESSARY, OBTAIN ASSISTANCE FROM THE DEPARTMENT TO 8
CARRY OUT AND ENFORC E THE PROVISIONS OF THIS TITLE; AND 9
(2) MAKE INQUIRIES AND CO NDUCT AN INVESTIGATION REGARD ING 10
ANY APPLICANT FOR A LICENSE. 11
(B) THE BOARD SHALL: 12
(1) RECOMMEND REGULATIONS FOR ADOPTION BY THE SECRETARY 13
THAT: 14
(I) ESTABLISH LICENSING S TANDARDS FOR STREAM 15
RESTORATION CONTRACT ORS; AND 16
(II) CARRY OUT THE PROVISI ONS OF THIS TITLE; 17
(2) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER 18
THIS TITLE; AND 19
(3) KEEP A CURRENT RECORD OF ALL INDIVIDUALS A ND ENTITIES 20
LICENSED UNDER THIS TITLE, INCLUDING: 21
(I) THE NAMES OF INDIVIDU ALS AND ENTITIES THA T ARE 22
LICENSED; 23
(II) THE ISSUANCE AND EXPI RATION DATES OF THE LICENSES; 24
AND 25
(III) ANY OTHER INFORMATION THAT THE BOARD CONSIDERS 26
APPROPRIATE . 27
16 SENATE BILL 969
18–206. 1
(A) (1) THE BOARD SHALL SET REASO NABLE FEES FOR THE I SSUANCE 2
AND RENEWAL OF LICEN SES AND OTHER SERVIC ES THAT THE BOARD PROVIDES . 3
(2) THE FEES IMPOSED BY T HE BOARD SHALL BE SET SO AS TO 4
PRODUCE FUNDS TO APP ROXIMATE THE COSTS O F MAINTAINING THE BOARD. 5
(B) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS TITLE 6
INTO THE WETLANDS AND WATERWAYS PROGRAM FUND UNDER § 5–203.1 OF THIS 7
ARTICLE FOR THE ADMI NISTRATION OF THE BOARD. 8
SUBTITLE 3. LICENSING. 9
18–301. 10
(A) EXCEPT AS PROVIDED IN THIS SECTION AND § 18–306 OF THIS 11
SUBTITLE, A PERSON SHALL BE LI CENSED BY THE BOARD AS A STREAM 12
RESTORATION CONTRACT OR OR BE EMPLOYED BY AN INDIVIDUAL OR ENTITY THAT 13
IS LICENSED AS A STR EAM RESTORATION CONT RACTOR BEFORE THE PE RSON MAY: 14
(1) PERFORM STREAM RESTOR ATION CONTRACTOR SER VICES IN THE 15
STATE; OR 16
(2) SOLICIT TO PERFORM ST REAM RESTORATION CON TRACTOR 17
SERVICES IN THE STATE. 18
(B) AN INDIVIDUAL OR ENTI TY MAY QUALIFY FOR A LICENSE. 19
(C) AN INDIVIDUAL WHO IS EMPLOYED BY AN AGENC Y OF THE FEDERAL 20
GOVERNMENT , A LOCAL GOVERNMENT , OR THE STATE MAY PERFORM STR EAM 21
RESTORATION CONTRACT OR SERVICES WHILE IN THE PERFORMANCE OF T HE 22
DUTIES OF THEIR EMPLOYMENT WITH OUT HAVING TO OBTAIN A LICENSE FROM THE 23
BOARD UNDER THIS TITL E. 24
(D) A RESIDENTIAL OR COMME RCIAL PROPERTY OWNER MAY PERFORM 25
STREAM RESTORATION C ONTRACTOR SERVICES O N THE PROPERTY OWNER ’S OWN 26
PROPERTY WITHOUT HAV ING TO OBTAIN A LICE NSE FROM THE BOARD UNDER THIS 27
TITLE. 28
18–302. 29
SENATE BILL 969 17
(A) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE 1
REQUIREMENTS OF THIS SECTION AND ANY REGU LATIONS ADOPTED UNDE R THIS 2
SECTION. 3
(B) IF THE APPLICANT IS A N ENTITY, THE ENTITY SHALL APP OINT A 4
MEMBER OF THE ENTITY AS THE REPRES ENTATIVE MEMBER TO M AKE THE 5
APPLICATION ON BEHAL F OF THE ENTITY. 6
(C) AN INDIVIDUAL APPLICA NT OR, IF THE APPLICANT IS AN ENTITY, THE 7
REPRESENTATIVE MEMBE R SHALL: 8
(1) HAVE AT LEAST 2 YEARS OF EXPERIENCE AS A FULL–TIME 9
STREAM RESTORATION CONTRACT OR OR DEMONSTRATE SI MILAR CONTRACTOR 10
EXPERIENCE; 11
(2) PASS A WRITTEN STREAM RESTORATION CONTRACT OR TEST 12
RECOGNIZED BY THE SECRETARY AND PREPARE D IN CONSULTATION WI TH THE 13
BOARD OF THE MARYLAND STREAM RESTORATION ASSOCIATION; 14
(3) BE REGISTERED AND IN GO OD STANDING WITH THE STATE 15
DEPARTMENT OF ASSESSMENTS AND TAXATION; 16
(4) IF APPLICABLE , HAVE RESOLVED ALL NO TICES OF VIOLATION 17
FROM THE DEPARTMENT , THE DEPARTMENT OF NATURAL RESOURCES, AND THE 18
U.S. ENVIRONMENTAL PROTECTION AGENCY; 19
(5) HAVE A FEDERAL TAX ID ENTIFICATION NUMBER ; AND 20
(6) CARRY: 21
(I) COMMERCIAL GENERAL LI ABILITY INSURANCE WI TH A 22
$1,000,000 TOTAL AGGREGATE MINI MUM; AND 23
(II) WORKERS’ COMPENSATION INSURAN CE, UNLESS EXEMPT 24
BY LAW. 25
18–303. 26
(A) (1) TO APPLY FOR A L ICENSE, AN APPLICANT SHALL : 27
(I) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM 28
THAT THE BOARD PROVIDES ; 29
18 SENATE BILL 969
(II) SUBMIT THE DOCUMENTS REQUIRED UNDER THIS SECTION; 1
AND 2
(III) PAY TO THE BOARD AN APPLICATION FEE OF $500. 3
(2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER 4
SHALL COMPLETE THE A PPLICATION FORM AND OTHERWISE BE RESPONS IBLE FOR 5
THE ENTITY’S COMPLIANCE WITH TH IS SECTION. 6
(B) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE APPLICATION FORM 7
PROVIDED BY THE BOARD SHALL REQUIRE : 8
(I) THE NAME OF THE APPLI CANT; 9
(II) THE ADDRESS OF THE AP PLICANT; AND 10
(III) THE CURRENT AND PREVI OUS EMPLOYMENT OF TH E 11
APPLICANT RELEVANT T O THE FIELD OF STREA M RESTORATION CONTRA CTING. 12
(2) IF THE APPLICANT IS A N ENTITY, THE APPLICATION FORM 13
PROVIDED BY THE BOARD SHALL REQUIRE : 14
(I) A LIST OF THE ENTITY ’S OWNERS; AND 15
(II) FOR EACH ENTITY OWNER , THE SAME INFORMATION 16
REQUIRED REGARDING A N INDIVIDUAL APPLICA NT UNDER PARAGRAPH (1) OF THIS 17
SUBSECTION. 18
(3) FOR ALL APPLICANTS , THE APPLICATI ON FORM SHALL REQUIR E: 19
(I) THE ADDRESS OF THE AP PLICANT’S PROPOSED PRINCIPAL 20
PLACE OF BUSINESS AN D OF EACH PROPOSED B RANCH OFFICE ; 21
(II) ALL TRADE OR FICTITIO US NAMES THAT THE AP PLICANT 22
INTENDS TO USE WHILE PERFORMING STREAM RE STORATION CONTRACTOR 23
SERVICES; AND 24
(III) AS THE BOARD CONSIDERS APPRO PRIATE, ANY OTHER 25
INFORMATION TO ASSIS T IN THE EVALUATION OF: 26
1. AN INDIVIDUAL APPLICA NT; OR 27
SENATE BILL 969 19
2. IF THE APPLICANT IS A N ENTITY, ANY ENTITY 1
MEMBER. 2
(C) THE APPLICATION FORM PROVIDED BY THE BOARD SHALL CONTAIN A 3
STATEMENT ADVISING T HE APPLICANT OF THE PENALTIES PROVIDED U NDER § 4
18–403 OF THIS TITLE FOR A VIOLATION OF THIS TI TLE. 5
(D) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE INDIVIDUAL SHALL 6
SIGN THE APPLICATION FORM UNDER OATH. 7
(2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER 8
OF THE ENTITY SHALL : 9
(I) SIGN THE APPLICATION FORM UNDER OATH ; AND 10
(II) PROVIDE PROOF TO THE BOARD THAT THE 11
REPRESENTATIVE MEMBE R IS A MEMBER OF THE ENTITY. 12
(E) AN APPLICANT FOR A LI CENSE SHALL SUBMIT W ITH THE APPLICATION 13
PROOF OF THE INSURAN CE REQUIRED UNDER § 18–302(C)(6) OF THIS SUBTITLE. 14
18–304. 15
THE BOARD MAY NOT ISSUE A LICENSE TO AN APPLIC ANT WHOSE TRADE OR 16
FICTITIOUS NAME OR T RADEMARK IS SO SIMIL AR TO THAT USED BY ANOT HER 17
LICENSEE THAT THE PU BLIC MAY BE CONFUSED OR MISLED BY THE SIM ILARITY. 18
18–305. 19
(A) THE BOARD SHALL ISSUE A L ICENSE THAT IS VALID FOR 2 YEARS TO ANY 20
APPLICANT WHO MEETS THE REQUIREMENTS OF THIS TITLE AND ANY R EGULATION 21
ADOPTED UNDER THIS TITLE . 22
(B) THE BOARD SHALL INCLUDE O N EACH LICENSE THAT THE BOARD 23
ISSUES: 24
(1) THE FULL NAME OF THE LICENSEE; 25
(2) THE LICENSE NUMBER ; 26
(3) THE LOCATION OF THE P RINCIPAL OFFICE AND OF EACH BRANCH 27
OFFICE IF THE LICENS EE IS AN ENTITY; 28
20 SENATE BILL 969
(4) THE DATE OF ISSUANCE OF THE LICENSE; 1
(5) THE DATE ON WHICH THE LICENSE EXPIRES ; AND 2
(6) THE NAME OF THE REPRE SENTATIVE MEMBER IF THE LICENSEE 3
IS AN ENTITY. 4
18–306. 5
WHILE A LICENSE TO AN ENTITY IS IN EFFECT, THE LICENSE AUTHORIZ ES THE 6
ENTITY TO: 7
(1) EMPLOY AS STREAM REST ORATION CONTRACTORS INDIVIDUALS 8
WHO ARE NOT LICENSED STREAM RESTORATION C ONTRACTORS TO PROVID E 9
STREAM RESTORATION C ONTRACTOR SERVICES T O THE PUBLIC ON BEHA LF OF THE 10
LICENSEE; AND 11
(2) REPRESENT ITSELF TO T HE PUBLIC AS A LICE NSED STREAM 12
RESTORATION CONTRACT OR ENTITY. 13
18–307. 14
A LICENSED STREAM REST ORATION CONTRACTOR S HALL: 15
(1) INCLUDE THE CONTRACTO R’S STREAM RESTORATION 16
CONTRACTOR LICENSE N UMBER IN ALL ADVERTI SING RELATED TO THE PROVISION 17
OF STREAM RESTORATIO N CONTRACTOR SERVICES; AND 18
(2) PROMINENTLY DISPLAY T HE CONTRACTOR ’S STREAM 19
RESTORATION CONTRACT OR LICENSE NUMBER ON ALL LARGE EQUIPMENT USED IN 20
THE COURSE OF THE LI CENSEE’S WORK AS A STREAM R ESTORATION CONTRACTO R. 21
18–308. 22
(A) THE SECRETARY SHALL ADOPT REGULATIONS TO STAGGER THE TERMS 23
OF THE LICENSES . 24
(B) A LICENSE EXPIRES ON T HE DATE THE SECRETARY SETS , IN 25
ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION. 26
(C) AT LEAST 2 MONTHS BEFORE A LICE NSE EXPIRES, THE BOARD SHALL 27
SEND TO THE LICENSEE , BY FIRST–CLASS MAIL OR ELECTRONICALLY , TO THE LAST 28
KNOWN ADDRESS OF THE LICENSEE: 29 SENATE BILL 969 21
(1) A RENEWAL APPLICATION FORM; AND 1
(2) A NOTICE THAT STATES : 2
(I) THE DATE ON WHICH THE CURRENT LICENSE EXPI RES; 3
(II) THE DATE BY WHICH THE BOARD MUST RECEIVE TH E 4
RENEWAL APPLICATION FOR THE RENEWAL TO B E ISSUED AND MAILED BEFORE THE 5
LICENSE EXPIRES ; AND 6
(III) THE AMOUNT OF THE REN EWAL FEE. 7
(D) BEFORE A LICENSE EXPI RES, THE LICENSEE MAY REN EW THE LICENSE 8
FOR AN ADDITIONAL 2–YEAR TERM IF THE LIC ENSEE: 9
(1) IS OTHERWISE ENTITLED TO BE LICENSED; 10
(2) PAYS TO THE BOARD: 11
(I) THE REQUIRED RENEWAL FEE SET BY THE BOARD; AND 12
(II) ANY OUTSTANDING FEES ; AND 13
(3) SUBMITS TO THE BOARD: 14
(I) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE 15
CONTINUING EDUCATION REQUIREMENTS ESTABLI SHED UNDER SUBSECTIO N (E) OF 16
THIS SECTION; 17
(II) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE 18
INSURANCE REQUIREMEN TS ESTABLISHED UNDER § 18–302(C)(6) OF THIS 19
SUBTITLE; 20
(III) SATISFACTORY EVIDENCE OF THE RESOLUTION OF ANY 21
LICENSE VIOLATIONS , SUSPENSIONS, DENIALS, REVOCATIONS , OR OTHER BOARD 22
ACTIONS TAKEN UNDER THIS TITLE; AND 23
(IV) A RENEWAL APPLICATION ON THE FORM THAT THE BOARD 24
PROVIDES. 25
22 SENATE BILL 969
(E) (1) A LICENSEE SHALL COMPL ETE 12 HOURS OF CONTINUING 1
EDUCATION INSTRUCTIO N COVERING STREAM RE STORATION CONTRACTOR 2
SUBJECT MATTER APPRO VED BY THE BOARD. 3
(2) (I) THE BOARD SHALL APPROVE T HE SUBSTANCE AND FOR M 4
OF A CONTINUING EDUC ATION COURSE IF THE COURSE IS: 5
1. OFFERED BY A QUALIFIE D INSTRUCTOR ; OR 6
2. CONDUCTED BY AN EDUCA TIONAL INSTITUTI ON 7
APPROVED BY THE BOARD. 8
(II) THE LICENSEE IS RESPO NSIBLE FOR THE COST OF ANY 9
CONTINUING EDUCATION COURSE. 10
(F) THE BOARD SHALL RENEW THE LICENSE OF EACH LICE NSEE THAT 11
MEETS THE REQUIREMEN TS OF THIS SECTION . 12
18–309. 13
WITHIN 5 DAYS AFTER THE CHANG E, A LICENSEE SHALL SUB MIT TO THE 14
BOARD WRITTEN NOTICE OF: 15
(1) ANY CHANGE IN THE ADD RESS OR TELEPHONE NU MBER OF AN 16
EXISTING OFFICE OR P RINCIPAL PLACE OF BU SINESS; AND 17
(2) IF THE LICENSEE IS AN ENTITY, THE ADDITION OF A BR ANCH 18
OFFICE. 19
18–310. 20
(A) EXCEPT AS OTHERWISE P ROVIDED IN § 10–226 OF THE STATE 21
GOVERNMENT ARTICLE, AND SUBJECT TO THE N OTICE AND HEARING 22
REQUIREMENTS IN SUBS ECTION (C) OF THIS SECTION , THE BOARD MAY DENY , 23
REFUSE TO RENEW , SUSPEND, OR REVOKE A LICENSE IF THE APPLICANT OR 24
LICENSEE: 25
(1) VIOLATES ANY PROVISIO N OF THIS TITLE OR A NY REGULATION 26
ADOPTED UNDER THIS T ITLE; 27
(2) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO 28
OBTAIN A LICENSE FOR THE APPLICANT , LICENSEE, OR ANOTHER PERSON ; 29
SENATE BILL 969 23
(3) FRAUDULENTLY OR DECEP TIVELY USES A LIC ENSE; 1
(4) COMMITS ANY GROSS NEG LIGENCE, INCOMPETENCE , OR 2
MISCONDUCT WHILE PRA CTICING STREAM RESTO RATION CONTRACTOR SE RVICES; 3
OR 4
(5) IN THE CRITICAL AREA, AS DEFINED UNDER § 8–1802 OF THE 5
NATURAL RESOURCES ARTICLE, FAILS TO COMPLY WITH : 6
(I) THE TERMS OF A STATE OR LOCAL PERMIT , LICENSE, OR 7
APPROVAL; OR 8
(II) ANY STATE OR LOCAL LAW , AN APPROVED PLAN , OR OTHER 9
LEGAL REQUIREMENT . 10
(B) THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND 11
ATLANTIC COASTAL BAYS, ESTABLISHED UNDER TITLE 8, SUBTITLE 18 OF THE 12
NATURAL RESOURCES ARTICLE, SHALL NOTIFY THE BOARD OF ANY LICENSED 13
STREAM RESTORATION C ONTRACTOR OR APPLICA NT FOR A LICENSE THA T FAILS TO 14
COMPLY WITH ANY REQU IREMENT UNDER SUBSEC TION (A)(5) OF THIS SECTION. 15
(C) (1) BEFORE THE BOARD TAKES ANY FINA L ACTION UNDER 16
SUBSECTION (A) OF THIS SECTION , THE BOARD SHALL GIVE THE APPLICANT OR 17
LICENSEE AGAINST WHO M THE ACTION IS CONT EMPLATED NOTICE AND THE 18
OPPORTUNITY FOR A HE ARING BEFORE THE BOARD. 19
(2) THE BOARD SHALL PROVIDE N OTICE AND HOLD A HEA RING IN 20
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT. 21
(3) AT LEAST 30 DAYS BEFORE THE HEAR ING, THE HEARING NOTICE 22
SHALL BE: 23
(I) SERVED PERSONALLY ON THE INDIVIDUAL ; OR 24
(II) SENT BY CERTIFIED MAI L, RETURN RECEIPT REQUE STED, 25
BEARING A POSTMARK F ROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN 26
ADDRESS OF THE INDIV IDUAL OR ENTITY . 27
(4) IF, AFTER DUE NOTICE , THE APPLICANT OR LIC ENSEE AGAINST 28
WHOM THE ACTION IS C ONTEMPLATED FAILS OR REFUSES TO APPEAR , THE BOARD 29
MAY HEAR AND DETERMI NE THE MATTER . 30
24 SENATE BILL 969
(D) EXCEPT AS PROVIDED UNDER SU BSECTION (C) OF THIS SECTION , ANY 1
PERSON AGGRIEVED BY A FINAL DECISION OF THE BOARD MAY TAKE AN APP EAL AS 2
AUTHORIZED UNDER §§ 10–222 AND 10–223 OF THE STATE GOVERNMENT ARTICLE. 3
(E) FOR PURPOSES OF THIS SECTION, AN ACT OR OMISSION O F ANY 4
PRINCIPAL, AGENT, OR EMPLOYEE OF AN AP PLICANT OR LICENSEE MAY BE 5
CONSTRUED TO BE THE ACT OR OMISSION OF T HE APPLICANT OR LICE NSEE, AS 6
WELL AS OF THE PRINC IPAL, AGENT, OR EMPLOYEE . 7
18–311. 8
(A) ON BECOMING AWARE OF A VIOLATION BY A LICENSEE UNDER THIS 9
TITLE, THE DEPARTMENT SHALL PROVIDE NOTICE OF TH E VIOLATION TO THE 10
LICENSEE BY CERTIFIE D MAIL, RETURN RECEIPT REQUE STED, BEARING A 11
POSTMARK FROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN AD DRESS OF THE 12
INDIVIDUAL OR ENTITY . 13
(B) A LICENSE ISSUED UNDER THIS TITLE IS VOIDED IF: 14
(1) THERE IS A LAPSE OF THE INSURAN CE REQUIRED UNDER § 15
18–302(C)(6) OF THIS SUBTITLE; OR 16
(2) THE DEPARTMENT ISSUES THREE NOTICES OF VIO LATION TO THE 17
LICENSEE IN ACCORDANCE WITH S UBSECTION (A) OF THIS SECTION. 18
SUBTITLE 4. PROHIBITED ACTS; PENALTIES. 19
18–401. 20
EXCEPT AS PROVIDED IN §§ 18–301 AND 18–306 OF THIS TITLE , AN 21
INDIVIDUAL OR ENTITY MAY NOT CONDUCT , ATTEMPT TO CONDUCT , OR OFFER TO 22
CONDUCT ANY STREAM R ESTORATION CONTRACTO R SERVICES UNLESS TH E 23
INDIVIDUAL OR ENT ITY IS LICENSED BY T HE BOARD TO PERFORM THE SERVICES. 24
18–402. 25
UNLESS AUTHORIZED TO PERFORM STREAM RESTO RATION CONTRACTOR 26
SERVICES UNDER THIS TITLE, AN INDIVIDUAL OR ENT ITY MAY NOT REPRESEN T TO 27
THE PUBLIC BY TITLE , BY DESCRIPTION OF SE RVICES, METHODS, OR PROCEDURES , 28
OR OTHERWISE , THAT THE INDIVIDUAL OR ENTITY IS AUTHORI ZED TO PERFORM 29
STREAM RESTORATION C ONTRACTOR SERVICES I N THE STATE. 30
18–403. 31 SENATE BILL 969 25
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A PERSON 1
THAT VIOLATES ANY PROVISI ON OF THIS TITLE OR ANY REGULATION ADOPT ED 2
UNDER THIS TITLE IS SUBJECT TO AN ADMINI STRATIVE PENALTY NOT EXCEEDING : 3
(I) $500 FOR A FIRST VIOLATIO N; 4
(II) $1,000 FOR A SECOND VIOLATI ON; AND 5
(III) $5,000 FOR A THIRD OR SUBSE QUENT VIOLATION. 6
(2) THE SUM OF ADMINISTRATIVE PENALTIES IMPOSED ON A PERSON 7
UNDER THIS SECTION MAY NOT EXCEED $25,000. 8
(3) EACH DAY THAT A PERSO N CONDUCTS STREAM RE STORATION 9
CONTRACTOR SERVICES WITHOUT A LICENSE CO NSTITUTES A SEPARATE OFFENSE. 10
(B) ANY PENALTIES COLLECTED UNDER THIS SECTION S HALL BE PAID INTO 11
THE WETLANDS AND WATERWAYS PROGRAM FUND, ESTABLISHED UNDER § 5–203.1 12
OF THIS ARTICLE, TO BE USED FOR THE A DMINISTRATION OF THE BOARD. 13
(C) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL ADOPT 14
REGULATIONS TO CARRY OUT THIS SECTION. 15
SUBTITLE 5. TERMINATION OF TITLE. 16
18–501. 17
SUBJECT TO THE EVALUA TION AND REESTABLISH MENT PROVISIONS OF T HE 18
MARYLAND PROGRAM EVALUATION ACT, THIS TITLE AND ALL R EGULATIONS 19
ADOPTED UNDER THIS T ITLE SHALL TERMINATE AND BE OF NO EFFECT AFTER JULY 20
1, 2033. 21
Article – Natural Resources 22
8–2A–02. 23
(a) There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund. 24
(b) The purpose of the Fund is to provide financial assistance necessary to 25
advance Maryland’s progress in meeting the goals established in the 2014 Chesapeake Bay 26
Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries, 27
including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and 28 26 SENATE BILL 969
their tributaries, by focusing limited financial resources on nonpoint source pollution 1
control projects in all regions of the State. 2
(f) (5) IN EACH FISCAL YEAR F ROM 2026 THROUGH 2030, INCLUSIVE, UP 3
TO $100,000 FROM THE FUND SHALL BE USED TO FUND THE OPERATIONS GRANTS 4
UNDER § 8–2B–02(G)(3) OF THIS TITLE AT A R ATE OF $20,000 PER GRANT 5
RECIPIENT EACH FISCAL YEAR . 6
SUBTITLE 2B. WHOLE WATERSHED RESTORATION PARTNERSHIP AND FUND. 7
8–2B–01. 8
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(B) (1) “ACTION” MEANS THE INSTALLATI ON, RESTORATION , OR 11
ENHANCEMENT OF : 12
(I) A NATURAL FEATURE ; 13
(II) AN ACTIVITY RELATED T O THE FORM AND FUNCTIO N OF A 14
NATURAL FEATURE ; OR 15
(III) LAND CONSERVATION MEASURES. 16
(2) “ACTION” INCLUDES THE PLANNING , DESIGN, ENGINEERING , 17
DRAFTING OF LEGAL IN STRUMENTS , AND MAINTENANCE NECE SSARY TO ESTABLISH 18
A NATURAL FEATURE , AN ACTIVITY RELATED TO THE FORM AND FUNCTION OF A 19
NATURAL FEATURE , OR LAND CONSERVATION ME ASURES. 20
(C) “FUND” MEANS THE WHOLE WATERSHED FUND. 21
(D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 22
OF THE ENVIRONMENT ARTICLE. 23
(E) “PARTNERSHIP” MEANS THE WHOLE WATERSHED RESTORATION 24
PARTNERSHIP. 25
(F) “PROJECT” MEANS A COLLECTION OF RESTORATION AND 26
CONSERVATION ACTIONS COORDINATED BY MULTI PLE ENTITIES TO IMPROVE 27
SHALLOW WATER HABITA T. 28
SENATE BILL 969 27
(G) “PROJECT SPONSOR ” MEANS THE ENTITY RES PONSIBLE FOR 1
ADMINISTERING A PROJ ECT, INCLUDING ACCOUNTING FOR FUNDS, COORDINATING 2
PARTNERS AND ACTIONS , AND REPORTING OUTCOM ES. 3
(H) (1) “SHALLOW WATER HABITAT ” MEANS THE PORTION OF THE 4
CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR TRIBUT ARIES FOR WHICH 5
THE STATE HAS ADOPTED WAT ER QUALITY CRITERIA TO SUPPORT SUBMERGED 6
AQUATIC VEGETATION . 7
(2) “SHALLOW WATER HABITAT ” INCLUDES THE SUSQUEHANNA 8
RIVER AND ITS TRIBUTA RIES WITHIN THE STATE. 9
(I) “STATE MANAGEMENT TEAM” MEANS THE REPRESENTA TIVES 10
DESIGNATED TO ADMINI STER THE PARTNERSHIP. 11
(J) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 1–701 OF 12
THE ENVIRONMENT ARTICLE. 13
8–2B–02. 14
(A) THERE IS A WHOLE WATERSHED RESTORATION PARTNERSHIP. 15
(B) THE PURPOSE OF THE PARTNERSHIP IS TO ACC ELERATE RESTORATION 16
OF THE CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS BY 17
EQUITABLY FOCUSING ASSISTANCE ON ACTION S AND AREAS THAT ARE : 18
(1) COST–EFFECTIVE; 19
(2) LIKELY TO DEMONSTRATE A RAPID SYSTEMIC RESPONSE TO 20
RESTORATION ACTIVITY , INCLUDING RAPID DE –LISTING OF IMPAIRED STREAMS 21
IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT; AND 22
(3) SUPPORTED BY THE LOCA L COMMUNITY . 23
(C) (1) THE SECRETARY SHALL ESTAB LISH A STATE MANAGEMENT TEAM 24
TO ADMINISTER THE PARTNERSHIP. 25
(2) THE STATE MANAGEMENT TEAM SHALL INCLUDE : 26
(I) ONE REPRESENTATIVE OF THE DEPARTMENT , DESIGNATED 27
BY THE SECRETARY; 28
28 SENATE BILL 969
(II) ONE REPRESENTATIVE OF THE DEPARTMENT OF THE 1
ENVIRONMENT , DESIGNATED BY THE SECRETARY OF ENVIRONMENT ; 2
(III) ONE REPRESENTATIVE OF THE DEPARTMENT OF 3
AGRICULTURE , DESIGNATED BY THE SECRETARY OF AGRICULTURE ; 4
(IV) ONE REPRESENTATIVE OF THE DEPARTMENT OF 5
PLANNING, DESIGNATED BY THE SECRETARY OF PLANNING; 6
(V) ONE REPRESENTATIVE OF THE CRITICAL AREA 7
COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS, DESIGNATED 8
BY THE CHAIR OF THE COMMISSION; AND 9
(VI) THE CHIEF RESILIENCE OFFICER, OR THE CHIEF 10
RESILIENCE OFFICER’S DESIGNEE. 11
(3) THE REPRESENTATIVE OF THE DEPARTMENT SHALL CHAI R THE 12
STATE MANAGEMENT TEAM . 13
(4) THE STATE MANAGEMENT TEAM SHALL COORDINATE WIT H 14
OTHER ENTITIES, INCLUDING THE U.S. ARMY CORPS OF ENGINEERS AND THE U.S. 15
ENVIRONMENTAL PROTECTION AGENCY, AS NECESSARY TO CARR Y OUT ITS 16
FUNCTIONS AND DUTIES UNDER THIS SUBTITLE . 17
(D) (1) THE PARTNERSHIP SHALL EMPLOY STAFF IN ACCORDANCE WITH 18
THE STATE BUDGET . 19
(2) STATE AGENCIES MAY PROVIDE STAFF OR OTHER ASSIS TANCE TO 20
THE PARTNERSHIP. 21
(E) ON OR BEFORE OCTOBER 1, 2024, AND EVERY 5 YEARS THEREAFTER , 22
THE STATE MANAGEMENT TEAM SHALL ISSUE A RE QUEST FOR PROPOSALS FOR 23
PROJECTS THAT: 24
(1) OCCUR WITHIN A SINGLE MARYLAND 8–DIGIT WATERSHED AS 25
IDENTIFIED IN THE ST ATEWIDE DIGITAL WATERSHED FILE MAINT AINED BY THE 26
DEPARTMENT OF INFORMATION TECHNOLOGY ; 27
(2) INCLUDE A STRATEGY DE SCRIBING THE PARTNER S, ACTIONS, 28
AND BENEFITS THAT TH E PROJECT WILL INCOR PORATE OVER A 5–YEAR PERIOD; 29
(3) PROVIDE AT LEAST FIVE OF THE BENEFITS SPECIFIED UNDER 30
SUBSECTION (F)(2)(VIII) OF THIS SECTION; AND 31 SENATE BILL 969 29
(4) ARE ENDORSED BY EACH COUNTY AND MUNI CIPAL CORPORATION 1
IN WHICH THE PROJECT WILL OCCUR. 2
(F) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON OR 3
BEFORE MARCH 1, 2025, AND EVERY 5 YEARS THEREAFTER , THE STATE 4
MANAGEMENT TEAM MAY APPROVE UP TO FIVE P ROJECTS TO RECEIVE A SSISTANCE 5
UNDER THIS SECTION . 6
(2) THE STATE MANAGEMENT TEAM SHALL EVALUATE A PRO POSED 7
PROJECT BASED ON WHETHER THE PROPOSED PROJECT: 8
(I) IS LOCATED IN A WATERSH ED IN WHICH HABITAT 9
RESTORATION AND POLL UTION REDUCTION WILL : 10
1. RESULT IN THE GREATES T IMPROVEMENTS TO 11
SHALLOW WATER HABITA T AND LIVING RESOURC ES; 12
2. ACHIEVE RAPID DE –LISTING OF IMPAIRED STREAMS 13
IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT AND PUBLISHED 14
IN THE DEPARTMENT OF THE ENVIRONMENT ’S TRIENNIAL REVIEW OF WATER 15
QUALITY STANDARDS; OR 16
3. GENERATE RAPIDLY–IMPROVING CONDITIONS IN 17
THE LOCAL ECOSYSTEM ; 18
(II) EMPHASIZES ACTIONS TH AT ARE EXPECTED TO P ROVIDE 19
THE GREATEST , MOST COST–EFFECTIVE, AND MEASURABLE AMOUN T OF POLLUTION 20
REDUCTION; 21
(III) SUPPORTS LAND USE POL ICIES, CONSERVATION 22
PROGRAMS, AND RESTORATION PROT OCOLS AT THE LOCAL LEVEL THAT WILL 23
SUSTAIN PROJECT ACTI ONS AND OUTCOMES ; 24
(IV) HAS DOCUMENTED INTEREST FROM A GROUP OF PROPERTY 25
OWNERS TO ALLOW RESTORATION OR CONSE RVATION ACTIONS ON T HEIR 26
PROPERTY; 27
(V) MINIMIZES THE LOSS OF TREES AND OTHER NATU RAL 28
HABITATS; 29
30 SENATE BILL 969
(VI) DEMONSTRATES OPPORTUN ITIES TO IMPLEMENT A CTIONS 1
THAT REDUCE ENVIRONM ENTAL DISPARITIES EX PERIENCED BY OVERBURDENED 2
OR UNDERSERVED COMMU NITIES; 3
(VII) DEMONSTRATES OPPORTUN ITIES TO FOSTER INNO VATION 4
IN RESTORATION SCIENCE OR PRACTICE S; 5
(VIII) IN ADDITION TO LAND –BASED HABITAT RESTOR ATION AND 6
WATER QUALITY IMPROV EMENT, ANTICIPATES BENEFITS RELATED TO : 7
1. THE CREATION OR RESTORATI ON OF WILDLIFE 8
HABITAT, RIPARIAN BUFFERS , AND WETLAND RESTORAT ION; 9
2. THE RESTORATION OF AQUATI C RESOURCES , SUCH 10
AS FRESH WATER MUSSELS , FISH PASSAGE, OR OYSTER REEFS ; 11
3. CARBON SEQUESTRATION ; 12
4. CLIMATE CHANGE MITIGA TION, ADAPTATION, OR 13
RESILIENCE; 14
5. LOCAL EMPLOYMENT OPPO RTUNITIES; 15
6. IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND 16
7. RECREATIONAL OPPORTUN ITIES AND PUBLIC 17
ACCESS TO WATERWAYS AND NATURAL HABITATS ; AND 18
(IX) CREATES PARTNERSHIP OPPORTUNITIES AMONG 19
NONPROFIT AND FOR PR OFIT ORGANIZATIONS , COMMUNITY ORGANIZATI ONS, ALL 20
LEVELS OF GOVERNMENT , AND SCIENTISTS. 21
(3) THE STATE MANAGEMENT TEAM SHALL: 22
(I) WORK TO ENSURE THAT T HE PROJECTS APPROVED 23
INCLUDE: 24
1. ONE PROJECT LOCATED IN A PREDOMINANTLY 25
URBAN AREA; 26
2. ONE PROJECT LOCATED IN A PREDOMINANTLY 27
SUBURBAN AREA; 28
SENATE BILL 969 31
3. TWO PROJECTS PRIMARIL Y FOCUSED ON REDUCIN G 1
POLLUTION IN A PREDO MINANTLY AGRICULTURA L AREA; AND 2
4. ONE PROJECT THAT INCORPO RATES 3
COLLABORATIVE EFFORT S WITH AN ADJOINING STATE; AND 4
(II) ENSURE THAT AT LEAST TWO APPROVED PROJECT S ARE 5
LOCATED IN AND PROVI DE BENEFITS TO AN OV ERBURDENED OR UNDERS ERVED 6
COMMUNITY . 7
(4) THE STATE MANAGEMENT TEAM MAY REQUIRE SITING, DESIGN, 8
CONSTRUCTION , MAINTENANCE , AND OPERATION PRINCI PLES AND STANDARDS F OR 9
A PROJECT THAT ARE I N ADDITION TO THOSE REQUIRED BY LAW OR R EGULATION IF 10
THE TEAM DETERMINES THAT THOSE PRINCIPLE S AND STANDARDS ARE NECESSARY 11
TO PRESERVE THE BENE FITS OF THE PROJECT. 12
(G) FOR A PERIOD OF 5 YEARS AFTER APPROVING A PR OJECT, THE STATE 13
MANAGEMENT TEAM SHAL L: 14
(1) ASSIST THE PROJECT SP ONSOR IN DEVELOPING AN 15
IMPLEMENTATION AND F INANCING PLAN , INCLUDING MEASURABLE OUTCOMES, 16
FOR THE DURATION OF THE PROJECT; 17
(2) AWARD IMPLEMENTATION GRANTS FROM THE FUND AND OTHER 18
APPROPRIATE STATE FUNDS AND ACCOU NTS: 19
(I) FOR UP TO 50% OF PROJECT COSTS ; 20
(II) IN ACCORDANCE WITH THE IMPLEMENTATION AN D 21
FINANCING PLAN DEVEL OPED UNDER ITEM (1) OF THIS SUBSECTION ; AND 22
(III) WITH CONSIDERATION GI VEN TO THE PROGRESS OF THE 23
PROJECT AS DOCUMENTE D IN THE REPORT REQU IRED UNDER SUBSECTION (I)(2) OF 24
THIS SECTION; 25
(3) AWARD OPERATIONS GRAN TS TO THE PROJECT SP ONSOR FOR 26
PROJECT ADMINISTRATI ON COSTS IN ACCORDAN CE WITH § 8–2A–02(F)(5) OF THIS 27
TITLE; 28
(4) PROVIDE FOR COORDINAT ED AND TRANSPARENT STATE 29
PERMITTING TO THE EX TENT ALLOWED BY STATE AND FEDERAL LAW , INCLUDING 30
THE USE OF THE PERMIT TRACKING DASH BOARD ESTABLISHED BY THE SECRETARY 31
UNDER SUBSECTION (K) OF THIS SECTION; 32 32 SENATE BILL 969
(5) PROVIDE FUNDING TO THE PROJECT SPONSOR TO SUPPORT 1
WATER QUALITY MONITO RING AT THE PROJECT SITE ; AND 2
(6) MEET WITH THE PROJECT SPONSOR AND PARTICIP ATING LOCAL 3
GOVERNMENTS AT LEAST SIX TIMES EACH CALENDAR YEAR TO REVIEW AND 4
FACILITATE PROGRESS ON THE PROJECT . 5
(H) A PROJECT SPONSOR SHAL L PROVIDE OPPORTUNITIES FOR 6
COMMUNITY ENGAGEMENT FOR THE DURATION OF THE PROJECT BY INCLUDING: 7
(1) AT LEAST FOUR COMMUNITY MEETINGS T HAT INCLUDE 8
REPRESENTATION FROM EACH LOCAL GOVERNMEN T ENDORSING THE PROJEC T; 9
AND 10
(2) AN OPPORTUNITY FOR PU BLIC COMMENT ON THE PRELIMINARY 11
DESIGN OF EACH RESTO RATION ACTION PROPOSED BY THE PROJECT . 12
(I) (1) A PROJECT SPONSOR SHAL L IDENTIFY APPROPRIA TE METRICS TO 13
TRACK PROGRESS ON MEETING THE OUTCOMES IDENTIF IED IN THE PROJECT’S 14
IMPLEMENTATION AND F INANCING PLAN . 15
(2) (I) A PROJECT SPONSOR SHAL L REPORT ON THE PROG RESS OF 16
THE PROJECT AT THE INTERVALS AND IN THE FORMAT REQUIRED BY THE STATE 17
MANAGEMENT TEAM. 18
(II) A REPORT UNDER THIS PA RAGRAPH SHALL INCLUDE 19
INFORMATION ON: 20
1. COMMUNITY ENGAGEMENT EFFORTS; 21
2. RESTORATION AND CONSE RVATION ACTIONS 22
INITIATED AND COMPLE TED; 23
3. TREES AFFECTED AND TR EES AT IMMEDIATE OR 24
FUTURE RISK OF IMPAC T DUE TO RESTORATION ACTIONS; 25
4. FUNDING FROM ALL SOUR CES THAT WAS SOLICITED, 26
AWARDED, OR SPENT; AND 27
5. THE PROGRESS MADE TOWARD MEETING THE 28
OUTCOMES IDENTIFIED IN THE PROJECT ’S IMPLEMENTATION AND FINANCING 29 SENATE BILL 969 33
PLAN, INCLUDING THE METRIC S USED FOR TRACKING PROGRESS UNDER 1
PARAGRAPH (1) OF THIS SUBSECTION . 2
(3) THE STATE MANAGEMENT TEAM MAY REQUIRE A PROJECT 3
SPONSOR TO PERFORM A ND REPORT ON WATER Q UALITY MONITORING FO R MORE 4
THAN 5 YEARS. 5
(J) ON OR BEFORE NOVEMBER 1, 2025, AND EACH NOVEMBER 1 6
THEREAFTER , THE STATE MANAGEMENT TEAM SHALL REPORT TO THE GENERAL 7
ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 8
ON THE STATUS OF EAC H APPROVED PROJECT . 9
(K) (1) THE SECRETARY SHALL ESTAB LISH A PERMIT TRACKI NG 10
DASHBOARD THAT PROVI DES PUBLICLY AVAILAB LE INFORMATION ON TH E PERMIT 11
SCHEDULES AND REQUIR EMENTS FOR ACTIONS THA T REQUIRE A STATE PERMIT. 12
(2) THE PERMIT TRACKING D ASHBOARD SHALL BE MA DE AVAILABLE 13
TO THE PUBLIC ON THE DEPARTMENT ’S WEBSITE. 14
8–2B–03. 15
(A) THERE IS A WHOLE WATERSHED FUND. 16
(B) THE PURPOSE OF THE FUND IS TO FUND PROJECTS APPROVED BY THE 17
STATE MANAGEMENT TEAM UNDER § 8–2B–02 OF THIS SUBTITLE. 18
(C) THE SECRETARY SHALL ADMINISTER THE FUND. 19
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 20
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 22
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 23
(E) THE FUND CONSISTS OF : 24
(1) REVENUE DISTRIBUTED T O THE FUND FROM: 25
(I) THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 26
TRUST FUND ESTABLISHED UNDER § 8–2A–02 OF THIS TITLE; 27
(II) THE BAY RESTORATION FUND ESTABLISHED UNDER § 28
9–1605.2 OF THE ENVIRONMENT ARTICLE; 29 34 SENATE BILL 969
(III) THE CLEAN WATER COMMERCE ACCOUNT ESTABLISHED 1
UNDER § 9–1605.4 OF THE ENVIRONMENT ARTICLE; 2
(IV) THE MARYLAND AGRICULTURA L LAND PRESERVATION 3
FUND ESTABLISHED UNDER § 2–505 OF THE AGRICULTURE ARTICLE; 4
(V) THE COST–SHARING PROGRAM ESTABLISHED UNDER § 5
8–702 OF THE AGRICULTURE ARTICLE; AND 6
(VI) THE WATERWAY IMPROVEMENT FUND ESTABLISHED 7
UNDER § 8–707 OF THIS TITLE; 8
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 9
(3) INTEREST EARNINGS ; AND 10
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 11
THE BENEFIT OF THE FUND. 12
(F) (1) THE FUND MAY BE USED ONLY TO SUPP ORT ACTIONS ASSOCIAT ED 13
WITH A PROJECT APPROVED BY THE STATE MANAGEMENT TEAM UNDER § 8–2B–02 14
OF THIS SUBTITLE. 15
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, 16
MONEY TRANSFERRED TO THE FUND UNDER SUBSECTION (E)(1) OF THIS SECTION 17
SHALL BE SUBJECT TO THE CONDITIONS SPECI FIED IN THE ORIGINATING FUND OR 18
ACCOUNT. 19
(3) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A PORTION 20
OF FUNDS FOR AN ACTI ON MAY BE PROVIDED A S AN ADVANCE PAYMENT AT THE 21
BEGINNING OF EACH FISCAL YEAR. 22
(4) ANY REMAINING FUNDS NOT USED TO SU PPORT AN ACTION IN 23
ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION SHALL BE AVAILABLE FOR 24
USE CONSISTENT WITH THIS SECTION IN SUBS EQUENT FISCAL YEARS . 25
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 26
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 27
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 28
THE FUND. 29
SENATE BILL 969 35
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 1
WITH THE STATE BUDGET . 2
(I) MONEY EXPENDED FROM T HE FUND FOR PROJECTS APPROVED BY THE 3
PARTNERSHIP IS SUPPLEMENTAL TO A ND IS NOT INTENDED TO T AKE THE PLACE OF 4
FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR THE PARTNERSHIP. 5
(J) A CONTRACT ENTERED INT O BY THE DEPARTMENT UNDER THIS 6
SECTION SHALL : 7
(1) BE CONSISTENT WITH TH E IMPLEMENTATION AND FINANCING 8
PLAN DEVELOPED UNDER § 8–2B–02(G) OF THIS SUBTITLE; 9
(2) FOR AN ACTION INVOLVI NG STREAM RESTORATIO N, REQUIRE THE 10
USE OF A STREAM REST ORATION CONTRACTOR L ICENSED UNDER TITLE 18 OF THE 11
ENVIRONMENT ARTICLE; AND 12
(3) REQUIRE THAT FUNDS PROVIDED FROM THE FUND BE RETURNED 13
IF THE ACTION IS NOT COMPLETED IN ACCORDA NCE WITH THE IMPLEME NTATION 14
AND FINANCING PLAN . 15
(K) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ACTION 16
THAT IS PARTIALLY FI NANCED WITH ANOTHER SOURCE OF STATE FUNDS MAY BE 17
FUNDED UNDER THIS SE CTION. 18
(2) FUNDING PROVIDED TO A N ACTION UNDER THIS SUBSECTION 19
SHALL BE PRORATED TO COVER ONLY THE PORTI ON OF THE ACTION NOT FUNDED 20
BY ANOTHER STATE SOURCE. 21
8–701. 22
(a) In this subtitle the following words have the meanings indicated. 23
(A–1) “BENEFICIAL USE OF DREDGED MATERIAL ” HAS THE MEANING STAT ED 24
IN § 5–1101 OF THE ENVIRONMENT ARTICLE. 25
8–707. 26
(a) (1) There is a Waterway Improvement Fund for the purposes specified in 27
this subtitle, INCLUDING THE ACCELE RATED RESTORATION OF THE CHESAPEAKE 28
AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 29
(2) Except as provided in § 8–709 of this subtitle, any money received into 30
the Waterway Improvement Fund shall be used solely for the following projects: 31 36 SENATE BILL 969
[(1)] (I) Marking channels and harbors and establishing aids to 1
navigation in cooperation with and as an extension of operations of the United States Coast 2
Guard; 3
[(2)] (II) Clearing debris, aquatic vegetation, and obstruction from waters 4
of the State; 5
[(3)] (III) Dredging channels and harbors and construction of jetties and 6
breakwaters in cooperation with and as an extension of operations of the United States 7
Army Corps of Engineers; 8
[(4)] (IV) Dredging ponds, lakes, and reservoirs owned by the State; 9
[(5)] (V) Constructing and maintaining marine facilities beneficial to the 10
boating public, including constructing pump–out stations for use by the general boating 11
public at public and private marinas. The Secretary may use the funds to install pump–out 12
stations for use by the general boating public and to supplement maintenance costs at the 13
discretion of the Secretary. Before approving the construction of any pump–out station at 14
a public or private marina, the Secretary shall consult with the Department of the 15
Environment to assure that the wastewater collection and treatment system of the marina 16
is adequate to handle any increased flow. The Department may adopt regulations to govern 17
the use and operation of pump–out stations for use by the general boating public 18
constructed or supported by State funds under this section; 19
[(6)] (VI) Improvement, reconstruction, or removal of bridges, 20
drawbridges, or similar structures over or across waters, if those structures delay, impede, 21
or obstruct the boating public. With the approval of the Board of Public Works, funds from 22
another public or any private source may be received and used to supplement and increase 23
the funds in the Waterway Improvement Fund for the purpose of this subsection. Also, the 24
Board of Public Works may enter into an agreement with a private company or person 25
which owns such a structure, for the improvement, reconstruction, or removal of the 26
structure, in order to provide a sharing of the cost of the improvement, reconstruction, or 27
removal; 28
[(7)] (VII) Evaluation of water–oriented recreation needs and recreational 29
capacities of Maryland waterways and development of comprehensive plans for waterway 30
improvements; 31
[(8)] (VIII) To provide matching grants to local governments for the 32
construction of marine facilities for marine firefighting, marine police, or medical services 33
and for the acquisition of vessels and equipment for vessels for marine firefighting, police, 34
medical, and communication equipment for promoting safety of life and property and 35
general service to the boating public utilizing the waters of the State. The ownership, 36
operation, and maintenance of any equipment acquired under this subtitle shall be the 37
responsibility of the local governing body; 38 SENATE BILL 969 37
[(9)] (IX) Structural and nonstructural shore erosion control under 1
subsection (b) of this section; 2
[(10)] (X) Acquisition of equipment and State vessels for firefighting, 3
policing, first aid and medical assistance, and communications, in order to promote safety 4
of life and property and general service to the boating public utilizing waters of the State; 5
[(11)] (XI) Boating information and education; [and] 6
[(12)] (XII) To provide interest–free loans to a governing body for the benefit 7
of a residential property owner, or group of residential property owners, with land abutting 8
a channel adjacent to a federal, State, county, or municipal main channel or harbor for 9
dredging the adjacent channel; AND 10
(XIII) TO FUND THE WHOLE WATERSHED FUND ESTABLISHED 11
UNDER § 8–2B–03 OF THIS TITLE. 12
8–708. 13
(b) (1) Except for the construction of pump–out stations for use by the general 14
boating public at public and private marinas, the governing body and the Waterway 15
Improvement Fund jointly shall finance projects to construct marine facilities beneficial to 16
the boating public. 17
(2) Except as provided in paragraph (3) of this subsection, the contribution 18
of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of 19
each project. 20
(3) The Waterway Improvement Fund may finance completely [any]: 21
(I) ANY construction project beneficial to the boating public which 22
costs $250,000 or less, regardless of its location; AND 23
(II) A PROJECT THAT INVOLVE S THE BENEFICIAL USE OF 24
DREDGED MATERIAL . 25
Article – State Finance and Procurement 26
6–226. 27
(a) (2) (i) Notwithstanding any other provision of law, and unless 28
inconsistent with a federal law, grant agreement, or other federal requirement or with the 29
terms of a gift or settlement agreement, net interest on all State money allocated by the 30
State Treasurer under this section to special funds or accounts, and otherwise entitled to 31 38 SENATE BILL 969
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 1
Fund of the State. 2
(ii) The provisions of subparagraph (i) of this paragraph do not apply 3
to the following funds: 4
189. the Teacher Retention and Development Fund; [and] 5
190. the Protecting Against Hate Crimes Grant Fund; AND 6
191. THE WHOLE WATERSHED FUND. 7
Article – State Government 8
8–402. 9
(a) The General Assembly finds that: 10
(1) a framework that allows for periodic, legislative review of the 11
regulatory, licensing, and other governmental activities of the Executive Branch of the 12
State government is essential for the maintenance of a government in which the citizens 13
have confidence and of a healthy State economy; and 14
(2) this legislative review is consistent with other activities and goals of the 15
General Assembly. 16
(b) The purposes of this subtitle are to: 17
(1) establish a system of legislative review that will: 18
(i) determine whether a governmental activity is necessary for the 19
public interest; and 20
(ii) make units that are responsible for necessary governmental 21
activities accountable and responsive to the public interest; and 22
(2) ensure that the legislative review takes place by establishing, by 23
statute, a process for the review and other legislative action. 24
8–403. 25
This subtitle applies only to the following governmental activities and units: 26
(62) STREAM RESTORATION CONTRACTORS LICENSING BOARD (§ 27
18–201 OF THE ENVIRONMENT ARTICLE); 28
SENATE BILL 969 39
[(62)] (63) Veterinary Medical Examiners, State Board of (§ 2–302 of the 1
Agriculture Article); 2
[(63)] (64) Waterworks and Waste Systems Operators, State Board of (§ 3
12–201 of the Environment Article); and 4
[(64)] (65) Well Drillers, State Board of (§ 13–201 of the Environment 5
Article). 6
SECTION 2. AND BE IT FURTHER ENACTED, That : 7
(a) In this section, “stream restoration contractor services” has the meaning 8
stated in § 18–101 of the Environment Article, as enacted by Section 1 of this Act. 9
(b) (1) On or before December 31, 2024, all persons performing stream 10
restoration contractor services in the State or soliciting to perform stream restoration 11
contractor services in the State shall: 12
(i) register with the Department of the Environment; and 13
(ii) pay to the Department of the Environment a registration fee in 14
an amount determined by the Department. 15
(2) The registration required under paragraph (1) of this subsection shall 16
expire on December 31, 2026, unless extended by an action by the Stream Restoration 17
Contractors Licensing Board established under Section 1 of this Act. 18
(c) After December 31, 2024, a person that fails to register with the Department 19
of the Environment to perform stream restoration contractor services in accordance with 20
subsection (b) of this section: 21
(1) may not perform stream restoration contractor services in the State; 22
and 23
(2) shall be subject to the penalties established in § 18–403 of the 24
Environment Article, as enacted by Section 1 of this Act. 25
(d) For the initial three licensed stream restoration contractor members required 26
to be appointed to the Stream Restoration Contractors Licensing Board in accordance with 27
§ 18–202 of the Environment Article, as enacted by Section 1 of this Act, the Department 28
of the Environment shall select stream restoration contractors from the list of the 29
registrants compiled under subsection (b) of this section for recommendation to the 30
Governor for appointment to the Board. 31
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 32
1, 2024. 33