EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0969*
SENATE BILL 969
M3, M1 4lr2117
CF HB 1165
By: Senators Elfreth, Hester, and Guzzone
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 4, 2024
CHAPTER ______
AN ACT concerning 1
Stream and Watershed Restoration – Stream Restoration Contractor Licensing 2
and Projects and Chesapeake and Atlantic Coastal Bays Restoration and 3
Funding 4
(Whole Watershed Act) 5
FOR the purpose of establishing the Stream Restoration Contractors Licensing Board; 6
requiring a person to be licensed as a stream restoration contractor or be employed 7
by an individual or entity that is licensed as a stream restoration contractor before 8
the person performs or solicits to perform stream restoration contractor services in 9
the State, subject to a certain exception; requiring the Department of the 10
Environment to provide notice of a certain violation to a stream restoration 11
contractor; requiring a project applicant seeking authorization for a certain project 12
to provide certain notice and hold certain public meetings except under certain 13
circumstances; requiring a project applicant to submit certain documentation to the 14
Department; authorizing the Department to authorize certain projects in accordance 15
with certain requirements; requiring the Department to assess certain 16
documentation and actions by a project applicant prior to authorizing certain 17
projects; prohibiting the Department from reducing certain monitoring requirements 18
for certain projects; requiring that up to a certain amount of funding from the 19
Chesapeake and Atlantic Coastal Bays 2010 Trust Fund be used to fund certain 20
grants; establishing the Whole Watershed Restoration Partnership to accelerate 21
restoration of the Chesapeake and Atlantic Coastal Bays and their watersheds; 22
requiring the Secretary of Natural Resources to establish a State management team 23
to administer the Partnership; establishing the Whole Watershed Fund as a special, 24
nonlapsing fund; requiring interest earnings of the Fund to be credited to the Fund; 25 2 SENATE BILL 969
altering the use and purpose of certain funds and accounts to include accelerating 1
the restoration of the Chesapeake Bay and Atlantic Coastal Bays and their 2
watershed and providing funding for the Fund; authorizing the use of the Waterway 3
Improvement Fund for projects that involve the beneficial use of dredged material 4
and for certain water quality monitoring; requiring all persons performing or 5
soliciting to perform stream restoration contractor services in the State to register 6
with the Department and pay a registration fee on or before a certain date; requiring 7
the Department to select certain registrants as the initial three licensed stream 8
restoration contractor members of the Stream Restoration Contractors Licensing 9
Board; and generally relating to stream and watershed restoration in the State. 10
BY repealing and reenacting, with amendments, 11
Article – Agriculture 12
Section 2–505(a) and (c)(1), 8–702(a), and 8–704(a) 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Business Regulation 17
Section 8–301 18
Annotated Code of Maryland 19
(2015 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Environment 22
Section 1–406 23
Annotated Code of Maryland 24
(2013 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Environment 27
Section 9–1605.2(a)(1) and (2) and 9–1605.4(b) 28
Annotated Code of Maryland 29
(2014 Replacement Volume and 2023 Supplement) 30
BY repealing and reenacting, with amendments, 31
Article – Environment 32
Section 9–1605.2(a)(2) and (i)(2)(xiii) 9–1605.2(i)(2)(xiii) and (xiv) and 9–1605.4(c) 33
and (f) 34
Annotated Code of Maryland 35
(2014 Replacement Volume and 2023 Supplement) 36
BY adding to 37
Article – Environment 38
Section 9–1605.2(i)(2)(xv); and 18–101 through 18–501 18–601 to be under the new 39
title “Title 18. Stream Restoration Contractors” 40
Annotated Code of Maryland 41 SENATE BILL 969 3
(2014 Replacement Volume and 2023 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – Natural Resources 3
Section 8–2A–02(a) and (b) and 8–701(a) 4
Annotated Code of Maryland 5
(2023 Replacement Volume and 2023 Supplement) 6
BY adding to 7
Article – Natural Resources 8
Section 8–2A–02(f)(5); 8–2B–01 through 8–2B–03 to be under the new subtitle 9
“Subtitle 2B. Whole Watershed Restoration Partnership and Fund”; and 10
8–701(a–1) 11
Annotated Code of Maryland 12
(2023 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Natural Resources 15
Section 8–707(a) and 8–708(b) 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2023 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – State Finance and Procurement 20
Section 6–226(a)(2)(i) 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2023 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – State Finance and Procurement 25
Section 6–226(a)(2)(ii)189. and 190. 26
Annotated Code of Maryland 27
(2021 Replacement Volume and 2023 Supplement) 28
BY adding to 29
Article – State Finance and Procurement 30
Section 6–226(a)(2)(ii)191. 31
Annotated Code of Maryland 32
(2021 Replacement Volume and 2023 Supplement) 33
BY repealing and reenacting, without amendments, 34
Article – State Government 35
Section 8–402 36
Annotated Code of Maryland 37
(2021 Replacement Volume and 2023 Supplement) 38
BY adding to 39 4 SENATE BILL 969
Article – State Government 1
Section 8–403(62) 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – State Government 6
Section 8–403(62) through (64) 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2023 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Agriculture 12
2–505. 13
(a) The Maryland Agricultural Land Preservation Fund is created and continued 14
for [the]: 15
(1) THE purposes specified in this subtitle; AND 16
(2) ACCELERATING THE REST ORATION OF THE CHESAPEAKE BAY 17
AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 18
(c) (1) The Comptroller of the Treasury may not disburse any money from the 19
Maryland Agricultural Land Preservation Fund other than: 20
(i) For costs associated with the staffing and administration of the 21
Maryland Agricultural Land Preservation Foundation; 22
(ii) For reasonable expenses incurred by the members of the board 23
of trustees of the Maryland Agricultural Land Preservation Foundation in the performance 24
of official duties; 25
(iii) For consideration in the purchase of agricultural land 26
preservation easements beginning with fiscal year 1979 and each fiscal year thereafter, 27
INCLUDING TARGETED A CQUISITIONS OF EASEM ENTS OBTAINED IN CON JUNCTION 28
WITH ACTIONS AND PRO JECTS UNDER TITLE 8, SUBTITLE 2B OF THE NATURAL 29
RESOURCES ARTICLE; 30
(iv) For costs associated with acquisition of agricultural land 31
preservation easements approved by the Foundation through the Critical Farms Program, 32
as provided in § 2–517 of this subtitle; [and] 33
SENATE BILL 969 5
(v) For the reimbursement of money paid by a landowner for a 1
preliminary release of a lot under § 2–513(b)(2) of this subtitle in accordance with 2
paragraph (5) of this subsection; AND 3
(VI) TO CONSISTENT WITH THE P URPOSES SPECIFIED IN ITEMS 4
(I) THROUGH (V) OF THIS PARAGRAPH , TO PROVIDE FUNDING FOR THE WHOLE 5
WATERSHED FUND ESTABLISHED UNDE R § 8–2B–03 OF THE NATURAL RESOURCES 6
ARTICLE, INCLUDING FOR PROJEC TS THAT OCCUR ON LAN D SUBJECT TO AN 7
AGRICULTURAL LAND PR ESERVATION EASEMENT . 8
8–702. 9
(a) (1) The General Assembly finds and declares that agriculturally related 10
nonpoint sources of water pollution may potentially contribute to the degradation of the 11
water resources of this State and that prevention and control efforts have been hampered 12
because of the cost and lack of income producing potential in many agricultural practices 13
designed to protect water quality. 14
(2) To assist in the implementation of agricultural practices which 15
minimize water pollution from erosion, animal wastes, nutrients, and agricultural 16
chemicals AND TO ADDRESS THE W ATER POLLUTION IMPAC TS OF AGRICULTURE , a 17
cost sharing program between the State and eligible applicants is established for the public 18
benefit. 19
8–704. 20
(a) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 21
State cost–sharing funds for a project being considered for State cost–sharing may be made 22
available: 23
[(1)] (I) For up to 100% of eligible costs, not to exceed a dollar amount of 24
up to $200,000 as determined by a regulation adopted jointly by the Secretary of 25
Agriculture and the Secretary of the Environment; and 26
[(2)] (II) If: 27
[(i)] 1. The Department of Agriculture, the soil conservation 28
district, and a person have executed an agreement which, among other things, obligates 29
the person to: 30
[1.] A. Establish, construct, or install the best 31
management practice or fixed natural filter practice in accordance with technical 32
specifications; 33
[2.] B. Maintain the best management practice or fixed 34
natural filter practice for its expected life span; and 35 6 SENATE BILL 969
[3.] C. Provide the required matching funds, if any, for the 1
project; 2
[(ii)] 2. The Board of Public Works has given approval to the 3
project when the proceeds of State bonds are to be used to finance the State share; and 4
[(iii)] 3. The soil conservation district has certified to the 5
Department that the project meets all applicable technical standards, and that all 6
submitted invoices properly represent eligible costs. 7
(2) CONSISTENT WITH THE R EQUIREMENTS OF THIS SECTION, STATE 8
COST–SHARING FUNDS MAY BE MADE AVAILABLE TO FU ND THE WHOLE WATERSHED 9
FUND ESTABLISHED UNDER § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 10
(3) A reduction in State cost–sharing rates for riparian forest buffers, 11
riparian herbaceous cover, wetland restoration, or pasture management may not be based 12
on tons of soil saved or an amortization formula. 13
(4) State cost–sharing rates for pasture management shall be based on the 14
applicable rate established by the U.S. Department of Agriculture’s Environmental Quality 15
Incentives Program. 16
(5) State cost–sharing rates paid for the planting of multiple species of 17
cover crops shall equal or exceed the rates paid for the planting of a single species of cover 18
crop. 19
(6) (i) 1. Except as authorized under subsubparagraph 2 of this 20
subparagraph and before the Department of Agriculture execute s a cost–sharing 21
agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and 22
conditions of the agreement. 23
2. The Department may execute the agreement without the 24
consent of the landlord if: 25
A. The agreement concerns a short–term project that 26
involves only the planting of a cover crop; and 27
B. The Department has sent by first–class mail written 28
notice of a cover crop project to the landlord at least 10 calendar days before executing the 29
agreement for the first cover crop project during the term of the lease. 30
(ii) The Department may also require the granting to the State of an 31
appropriate security interest in any equipment, structures or similar items purchased with 32
State money. 33
SENATE BILL 969 7
(7) A cost–sharing agreement executed as required under this subtitle may 1
be assigned and transferred to a successor in title of all or part of a tract of land subject to 2
a best management practice. 3
Article – Business Regulation 4
8–301. 5
(a) Except as otherwise provided in this title, a person must have a contractor 6
license whenever the person acts as a contractor in the State. 7
(b) Except as otherwise provided in this title, a person must have a salesperson 8
license or contractor license whenever the person sells a home improvement in the State. 9
(c) This section does not apply to: 10
(1) an individual who works for a contractor for a salary or wages but who 11
is not a salesperson for the contractor; 12
(2) a clerical employee, retail clerk, or other employee of a licensed 13
contractor who is not a salesperson, as to a transaction on the premises of the licensed 14
contractor; 15
(3) a solicitor for a contractor who calls an owner by telephone only; 16
(4) an architect, electrician, plumber, heating, ventilation, 17
air–conditioning, or refrigeration contractor, or other person who: 18
(i) is required by State or local law to meet standards of competency 19
or experience before engaging in an occupation or profession; 20
(ii) currently is licensed in that occupation or profession under State 21
or local law; and 22
(iii) is: 23
1. acting only within the scope of that occupation or 24
profession; or 25
2. installing a central heating or air–conditioning system; 26
(5) a security systems technician licensed under Title 18 of the Business 27
Occupations and Professions Article; 28
(6) a marine contractor licensed under Title 17, Subtitle 3 of the 29
Environment Article; [or] 30
8 SENATE BILL 969
(7) A STREAM RESTORATION CONTRACTOR LICENSED UNDER TITLE 1
18, SUBTITLE 3 OF THE ENVIRONMENT ARTICLE; OR 2
[(7)] (8) a person who is selling a home improvement to be performed by 3
a person described in item (4) of this subsection. 4
Article – Environment 5
1–406. 6
The following units, among other units, are included in the Department: 7
(1) Air Quality Control Advisory Council; 8
(2) Hazardous Substances Advisory Council; 9
(3) Radiation Control Advisory Board; 10
(4) Science and Health Advisory Group; 11
(5) Board of Waterworks and Waste System Operators; 12
(6) Board of Well Drillers; 13
(7) Hazardous Waste Facilities Siting Board; 14
(8) Marine Contractors Licensing Board; [and] 15
(9) Board of On–Site Wastewater Professionals; AND 16
(10) STREAM RESTORATION CONTRACTORS LICENSING BOARD. 17
9–1605.2. 18
(a) (1) There is a Bay Restoration Fund. 19
(2) It is the intent of the General Assembly that the Bay Restoration Fund 20
be: 21
(i) Used, in part, to provide the funding necessary to upgrade any of 22
the wastewater treatment facilities that are located in the State or used by citizens of the 23
State in order to achieve enhanced nutrient removal where it is cost–effective to do so; [and] 24
(ii) Available for treatment facilities discharging into the Atlantic 25
Coastal Bays or other waters of the State, but that priority be given to treatment facilities 26
discharging into the Chesapeake Bay; AND 27 SENATE BILL 969 9
(III) USED TO ACCELERATE TH E RESTORATION OF THE 1
CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 2
(i) (2) Funds in the Bay Restoration Fund shall be used only: 3
(xiii) After funding any eligible costs identified under item (iv)1 and 2 4
of this paragraph, for transfers to the Clean Water Commerce Account in accordance with 5
paragraph (3) of this subsection; [and] 6
(xiv) After funding any eligible costs identified under item (iv)1 and 2 7
of this paragraph, for the transfers required under paragraph (11) of this subsection; AND 8
(XV) TO AFTER FUNDING ANY ELI GIBLE COSTS IDENTIFI ED 9
UNDER ITEM (IV)1 AND 2 OF THIS PARAGRAPH , TO FUND THE WHOLE WATERSHED 10
FUND ESTABLISHED UNDE R § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 11
9–1605.4. 12
(b) There is a Clean Water Commerce Account. 13
(c) The purpose of the Account is to [purchase]: 14
(1) PURCHASE environmental outcomes in support of the State’s efforts to 15
achieve the Chesapeake Bay TMDL; AND 16
(2) ACCELERATE RESTORATIO N OF THE CHESAPEAKE BAY AND 17
ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 18
(f) (1) Subject to the provisions of this subsection, the Account may be used 19
only for the purchase of cost–effective environmental outcomes that: 20
(i) Support the State’s efforts to achieve the Chesapeake Bay 21
TMDL; and 22
(ii) Have an expected life of at least 10 years. 23
(2) Except as provided in paragraph (3) of this subsection, in each fiscal 24
year: 25
(i) At least 35% shall be used to procure environmental outcomes 26
from agricultural practices, with priority given to projects that are: 27
1. A fixed natural filter practice, as defined in § 8–701 of the 28
Agriculture Article; or 29
10 SENATE BILL 969
2. An agricultural ditch management practice, as defined by 1
the Chesapeake Bay Program; 2
(ii) At least 20% shall be used to procure environmental outcomes 3
from projects, including stormwater management and green infrastructure projects, 4
established in communities disproportionately burdened by environmental harms and risks 5
as identified by the Department in consultation with the Commission on Environmental 6
Justice and Sustainable Communities; and 7
(iii) At least 10% shall be used to procure environmental outcomes 8
from nonagricultural landscape restoration projects that take into consideration the 9
project’s ecological suitability, including the hydrological conditions and other physical 10
characteristics of the location at which the project will be implemented. 11
(3) Any unencumbered funds not u sed to purchase environmental 12
outcomes as specified under paragraph (2) of this subsection are: 13
(i) No longer subject to the allocation requirements specified under 14
paragraph (2) of this subsection; and 15
(ii) Available for use consistent with this section in subsequent fiscal 16
years, INCLUDING TO FUND TH E WHOLE WATERSHED FUND ESTABLISHED UNDE R § 17
8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 18
(4) A project may include environmental outcomes from one or more of the 19
project types specified under paragraph (2) of this subsection. 20
TITLE 18. STREAM RESTORATION CONTRACTORS . 21
SUBTITLE 1. DEFINITIONS. 22
18–101. 23
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 24
INDICATED. 25
(B) “BOARD” MEANS THE STREAM RESTORATION CONTRACTORS 26
LICENSING BOARD. 27
(C) “ENTITY” MEANS A BUSINESS WITH ITS PRINCIPAL O FFICE IN THE 28
STATE THAT EMPLOYS MORE TH AN ONE INDIVIDUAL TO PROVIDE STREAM 29
RESTORATION CONTRACT OR SERVICES IN THE STATE. 30
(D) “LICENSE” MEANS A PROFESSIONAL LICENSE ISSUED BY TH E BOARD TO 31
AN INDIVIDUAL OR ENT ITY TO PERFORM STREAM RESTOR ATION CONTRACTOR 32
SERVICES IN THE STATE. 33 SENATE BILL 969 11
(E) “LICENSED STREAM RESTO RATION CONTRACTOR ” MEANS AN 1
INDIVIDUAL OR ENTITY THAT HAS RECEIVED A LICENSE FROM THE BOARD TO 2
PERFORM STREAM RESTO RATION CONTRACTOR SE RVICES. 3
(F) (1) “STREAM RESTORATION CO NTRACTOR SERVICES ” MEANS 4
CONSTRUCTION , DEMOLITION, INSTALLATION, ALTERATION, OR REPAIR, OR 5
SALVAGE ACTIVITIES LOCATED I N, ON, OR UNDER STATE OR PRIVATE STRE AMS OR 6
NONTIDAL WETLANDS WATERWAYS , INCLUDING THE 100–YEAR FLOODPLAIN , WITH 7
THE GOAL OF IMPROVING THE IN–STREAM STABILITY , HYDROLOGY , HYDRAULICS, 8
MORPHOLOGY , SUBSTRATE WATER QUAL ITY, OR ECOSYSTEM FUNCTIO N. 9
(2) “STREAM RESTORATION CO NTRACTOR SERVICES ” INCLUDES: 10
(I) IN–STREAM STRUCTURE INS TALLATION; 11
(II) STREAM CHANNEL RELO CATION; 12
(III) STREAM BANK STABILIZA TION; 13
(IV) INFRASTRUCTURE PROTEC TION; 14
(V) HABITAT CREATION ECOLOGICAL RESTORATIO N, 15
INCLUDING THE INSTAL LATION OF STRUCTURES TO CREATE OR ENHANCE HABITAT; 16
(VI) FLOOR FLOOD PROTECTION ; AND 17
(VII) (V) STREAM CHANNEL FILLIN G. 18
SUBTITLE 2. STREAM RESTORATION CONTRACTORS LICENSING BOARD. 19
18–201. 20
(A) THERE IS A STREAM RESTORATION CONTRACTORS LICENSING BOARD 21
IN THE DEPARTMENT . 22
(B) SUBJECT TO THE PROVIS IONS OF THIS TITLE , THE BOARD IS 23
RESPONSIBLE FOR THE LICENSING AND REGULA TION OF INDIVIDUALS AND 24
ENTITIES THAT PROVID E STREAM RESTORATION CONTRACTOR SERVICES IN THE 25
STATE. 26
18–202. 27
12 SENATE BILL 969
(A) (1) THE BOARD CONSISTS OF SEVEN NINE MEMBERS APPOINTED BY 1
THE GOVERNOR, WITH THE ADVICE OF T HE SECRETARY AND WITH TH E ADVICE AND 2
CONSENT OF THE SENATE. 3
(2) OF THE SEVEN NINE MEMBERS: 4
(I) ONE SHALL BE EMPLOYED BY THE DEPARTMENT ; 5
(II) ONE SHALL BE EMPLOYED BY THE DEPARTMENT OF 6
NATURAL RESOURCES; 7
(III) THREE SHALL BE LICENS ED STREAM RESTORATIO N 8
CONTRACTORS , EACH REPRESENTING A DI FFERENT COUNTY IN TH E STATE AS 9
FOLLOWS: 10
1. ONE FROM: 11
A. BALTIMORE CITY; 12
B. ANNE ARUNDEL COUNTY; 13
C. BALTIMORE COUNTY; 14
D. CALVERT COUNTY; 15
E. CHARLES COUNTY; 16
F. HARFORD COUNTY; 17
G. PRINCE GEORGE’S COUNTY; OR 18
H. ST. MARY’S COUNTY; 19
2. ONE FROM: 20
A. ALLEGANY COUNTY; 21
B. CARROLL COUNTY; 22
C. FREDERICK COUNTY; 23
D. GARRETT COUNTY; 24
E. HOWARD COUNTY; 25
SENATE BILL 969 13
F. MONTGOMERY COUNTY; OR 1
G. WASHINGTON COUNTY; AND 2
3. ONE FROM: 3
A. CAROLINE COUNTY; 4
B. CECIL COUNTY; 5
C. DORCHESTER COUNTY; 6
D. KENT COUNTY; 7
E. QUEEN ANNE’S COUNTY; 8
F. SOMERSET COUNTY; 9
G. TALBOT COUNTY; 10
H. WICOMICO COUNTY; OR 11
I. WORCESTER COUNTY; AND 12
(IV) TWO SHALL BE PRIVATE CITIZENS, APPOINTED AT LARGE , 13
WHO REPRESENT DIVERS E INTERESTS AND DIFFERENT COUNTI ES IN THE STATE AS 14
FOLLOWS: 15
1. ONE FROM: 16
A. BALTIMORE CITY; 17
B. ALLEGANY COUNTY; 18
C. ANNE ARUNDEL COUNTY; 19
D. CARROLL COUNTY; 20
E. BALTIMORE COUNTY; 21
F. FREDERICK COUNTY; 22
G. GARRETT COUNTY; 23
H. HARFORD COUNTY; 24 14 SENATE BILL 969
I. HOWARD COUNTY; 1
J. MONTGOMERY COUNTY; 2
K. PRINCE GEORGE’S COUNTY; OR 3
L. WASHINGTON COUNTY; AND 4
2. ONE FROM: 5
A. CALVERT COUNTY; 6
B. CAROLINE COUNTY; 7
C. CECIL COUNTY; 8
D. CHARLES COUNTY; 9
E. DORCHESTER COUNTY; 10
F. KENT COUNTY; 11
G. QUEEN ANNE’S COUNTY; 12
H. SOMERSET COUNTY; 13
I. ST. MARY’S COUNTY; 14
J. TALBOT COUNTY; 15
K. WICOMICO COUNTY; OR 16
L. WORCESTER COUNTY.; AND 17
(V) TWO SHALL REPRESENT L OCAL GOVERNMENT . 18
(B) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE 19
THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 20
(C) (1) THE TERM OF A MEMBER OF THE BOARD IS 3 YEARS. 21
(2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 22
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 23
SENATE BILL 969 15
(3) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 1
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 2
QUALIFIES. 3
(D) THE GOVERNOR MAY REMOVE A MEMBER FROM THE BOARD FOR 4
INCOMPETENCE , MISCONDUCT , NEGLECT OF DUTY , OR OTHER SUFFICIENT CAUSE. 5
18–203. 6
(A) EACH YEAR, THE BOARD SHALL ELECT A C HAIR, VICE CHAIR, AND 7
SECRETARY FROM AMONG ITS MEMBERS. 8
(B) THE BOARD SHALL DETERMINE THE MANNER OF THE ELECTION OF 9
OFFICERS. 10
18–204. 11
(A) THE BOARD SHALL MEET AT L EAST TWICE A YEAR , AT THE TIMES AND 12
PLACES THAT THE BOARD DETERMINES . 13
(B) EACH MEMBER OF THE BOARD IS ENTITLED TO REIMBURSEMENT FOR 14
EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN 15
THE STATE BUDGET . 16
(C) THE BOARD MAY EMPLOY STAF F IN ACCORDANCE WITH THE STATE 17
BUDGET. 18
18–205. 19
(A) THE BOARD MAY: 20
(1) AS NECESSARY, OBTAIN ASSISTANCE FR OM THE DEPARTMENT TO 21
CARRY OUT AND ENFORC E THE PROVISIONS OF THIS TITLE; AND 22
(2) MAKE INQUIRIES AND CO NDUCT AN INVESTIGATI ON REGARDING 23
ANY APPLICANT FOR A LICENSE. 24
(B) THE BOARD SHALL: 25
(1) RECOMMEND REGULATIONS FOR ADOPTION BY THE SECRETARY 26
THAT: 27
(I) ESTABLISH LICENSING S TANDARDS FOR STREAM 28
RESTORATION CONTRACTORS ; AND 29
16 SENATE BILL 969
(II) CARRY OUT THE PROVISI ONS OF THIS TITLE; 1
(2) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER 2
THIS TITLE; AND 3
(3) KEEP A CURRENT RECORD OF ALL INDIVIDUALS A ND ENTITIES 4
LICENSED UNDER THIS TITLE, INCLUDING: 5
(I) THE NAMES OF INDIVIDUALS AND ENTITIES THAT AR E 6
LICENSED; 7
(II) THE ISSUANCE AND EXPI RATION DATES OF THE LICENSES; 8
AND 9
(III) ANY OTHER INFORMATION THAT THE BOARD CONSIDERS 10
APPROPRIATE . 11
18–206. 12
(A) (1) THE BOARD SHALL SET REASO NABLE FEES FOR THE I SSUANCE 13
AND RENEWAL OF LICEN SES AND OTHER SERVIC ES THAT THE BOARD PROVIDES . 14
(2) THE FEES IMPOSED BY T HE BOARD SHALL BE SET SO AS TO 15
PRODUCE FUNDS TO APP ROXIMATE THE COSTS O F MAINTAINING THE BOARD. 16
(B) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS TITLE 17
INTO THE WETLANDS AND WATERWAYS PROGRAM FUND UNDER § 5–203.1 OF THIS 18
ARTICLE FOR THE ADMI NISTRATION OF THE BOARD. 19
SUBTITLE 3. LICENSING. 20
18–301. 21
(A) EXCEPT AS PROVIDED IN THIS SECTION AND § 18–306 OF THIS 22
SUBTITLE, A PERSON SHALL BE LI CENSED BY THE BOARD AS A STREAM 23
RESTORATION CONTRACT OR OR BE EMPLOYED BY AN INDIVIDUAL OR ENT ITY THAT 24
IS LICENSED AS A STR EAM RESTORATION CONT RACTOR BEFORE THE PE RSON MAY: 25
(1) PERFORM STREAM RESTOR ATION CONTRACTOR SER VICES IN THE 26
STATE; OR 27
(2) SOLICIT TO PERFORM STREAM RESTORATION C ONTRACTOR 28
SERVICES IN THE STATE. 29
SENATE BILL 969 17
(B) AN INDIVIDUAL OR ENTI TY MAY QUALIFY FOR A LICENSE. 1
(C) AN INDIVIDUAL WHO IS EMPLOYED BY AN AGENC Y OF THE FEDERAL 2
GOVERNMENT , A LOCAL GOVERNMENT , OR THE STATE MAY PERFORM STR EAM 3
RESTORATION CONTRACTOR SERVICES WHILE IN THE PERFORM ANCE OF THE 4
DUTIES OF THEIR EMPL OYMENT WITHOUT HAVIN G TO OBTAIN A LICENS E FROM THE 5
BOARD UNDER THIS TITL E. 6
(D) A RESIDENTIAL OR COMME RCIAL PROPERTY OWNER MAY PERFORM 7
STREAM RESTORATION C ONTRACTOR SERVICES O N THE PROPERTY OWNER ’S OWN 8
PROPERTY WITHOUT HAV ING TO OBTAIN A LICE NSE FROM THE BOARD UNDER THIS 9
TITLE. 10
18–302. 11
(A) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE 12
REQUIREMENTS OF THIS SECTION AND ANY REGU LATIONS ADOPTED UNDE R THIS 13
SECTION. 14
(B) IF THE APPLICANT IS AN ENTIT Y, THE ENTITY SHALL APP OINT A 15
MEMBER OF THE ENTITY AS THE REPRESENTATIV E MEMBER TO MAKE THE 16
APPLICATION ON BEHAL F OF THE ENTITY. 17
(C) AN INDIVIDUAL APPLICA NT OR, IF THE APPLICANT IS AN ENTITY, THE 18
REPRESENTATIVE MEMBE R SHALL: 19
(1) HAVE AT LEAST 2 YEARS OF EXPERIENCE AS A FULL–TIME 20
STREAM RESTORATION C ONTRACTOR OR DEMONST RATE SIMILAR CONTRAC TOR 21
EXPERIENCE; 22
(2) PASS A WRITTEN STREAM RESTORATION CONTRACT OR TEST 23
RECOGNIZED BY THE SECRETARY AND PREPARE D IN CONSULTATION WI TH THE 24
BOARD OF THE MARYLAND STREAM RESTORATION ASSOCIATION; 25
(3) BE REGISTERED AND IN GOOD STANDING WITH T HE STATE 26
DEPARTMENT OF ASSESSMENTS AND TAXATION; 27
(4) IF APPLICABLE , HAVE RESOLVED ALL NO TICES OF VIOLATION 28
FROM THE DEPARTMENT , THE DEPARTMENT OF NATURAL RESOURCES, THE U.S. 29
ARMY CORPS OF ENGINEERS, AND THE U.S. ENVIRONMENTAL PROTECTION 30
AGENCY; 31
(5) HAVE A FEDERAL TAX ID ENTIFICATION NUMBER ; AND 32
18 SENATE BILL 969
(6) CARRY: 1
(I) COMMERCIAL GENERAL LI ABILITY INSURANCE WI TH A 2
$1,000,000 TOTAL AGGREGATE MINI MUM; AND 3
(II) WORKERS’ COMPENSATION INSURAN CE, UNLESS EXEMPT 4
BY LAW. 5
18–303. 6
(A) (1) TO APPLY FOR A LICENS E, AN APPLICANT SHALL : 7
(I) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM 8
THAT THE BOARD PROVIDES ; 9
(II) SUBMIT THE DOCUMENTS REQUIRED UNDER THIS SECTION; 10
AND 11
(III) PAY TO THE BOARD AN A REQUIRED APPLICATION FEE OF 12
$500 IN AN AMOUNT SET BY THE BOARD. 13
(2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER 14
SHALL COMPLETE THE A PPLICATION FORM AND OTHERWISE BE RESPONS IBLE FOR 15
THE ENTITY’S COMPLIANC E WITH THIS SECTION . 16
(B) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE APPLICATION FORM 17
PROVIDED BY THE BOARD SHALL REQUIRE : 18
(I) THE NAME OF THE APPLI CANT; 19
(II) THE ADDRESS OF THE AP PLICANT; AND 20
(III) THE CURRENT AND PREVI OUS EMPLOYMENT OF TH E 21
APPLICANT RELEVANT TO THE FIELD OF STREAM RESTORATION CONTRACT ING. 22
(2) IF THE APPLICANT IS A N ENTITY, THE APPLICATION FORM 23
PROVIDED BY THE BOARD SHALL REQUIRE : 24
(I) A LIST OF THE ENTITY ’S OWNERS; AND 25
(II) FOR EACH ENTITY OWNER , THE SAME INFORMATION 26
REQUIRED REGARDING A N INDIVIDUAL APPLICA NT UNDER PARAGRAPH (1) OF THIS 27
SUBSECTION. 28
(3) FOR ALL APPLICANTS , THE APPLICATION FORM SHALL REQUIRE : 29 SENATE BILL 969 19
(I) THE ADDRESS OF THE AP PLICANT’S PROPOSED PRINCIPAL 1
PLACE OF BUSINESS AN D OF EACH PROPOSED B RANCH OFFICE ; 2
(II) ALL TRADE OR FICTITIO US NAMES THAT THE AP PLICANT 3
INTENDS TO USE WHILE PERFORMING STREAM RE STORATION CONTRACTOR 4
SERVICES; AND 5
(III) AS THE BOARD CONSIDERS APPRO PRIATE, ANY OTHER 6
INFORMATION TO ASSIS T IN THE EVALUATION OF: 7
1. AN INDIVIDUAL APPLICA NT; OR 8
2. IF THE APPLICANT IS A N ENTITY, ANY ENTITY 9
MEMBER. 10
(C) THE APPLICATION FORM PROVIDED BY THE BOARD SHALL CONTAIN A 11
STATEMENT ADVISING T HE APPLICANT OF THE PENALTIES PROVIDED U NDER § 12
18–403 OF THIS TITLE FOR A VIOLATION OF THIS TITLE. 13
(D) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE INDIVIDUAL SHALL 14
SIGN THE APPLICATION FORM UNDER OATH . 15
(2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER 16
OF THE ENTITY SHALL : 17
(I) SIGN THE APPLICATION FORM UNDER OATH ; AND 18
(II) PROVIDE PROOF TO THE BOARD THAT THE 19
REPRESENTATIVE MEMBE R IS A MEMBER OF THE ENTITY. 20
(E) AN APPLICANT FOR A LI CENSE SHALL SUBMIT W ITH THE APPLICATION 21
PROOF OF THE INSURAN CE REQUIRED UNDER § 18–302(C)(6) OF THIS SUBTITLE. 22
18–304. 23
THE BOARD MAY NOT ISSUE A LICENSE TO AN APPLICANT WHOS E TRADE OR 24
FICTITIOUS NAME OR T RADEMARK IS SO SIMIL AR TO THAT USED BY A NOTHER 25
LICENSEE THAT THE PU BLIC MAY BE CONFUSED OR MISLED BY THE SIM ILARITY. 26
18–305. 27
20 SENATE BILL 969
(A) THE BOARD SHALL ISSUE A L ICENSE THAT IS VALID FOR 2 YEARS TO ANY 1
APPLICANT WHO MEETS THE REQUIREMENTS OF THIS TITLE AND ANY R EGULATION 2
ADOPTED UNDER THIS T ITLE. 3
(B) THE BOARD SHALL INCLUDE O N EACH LICENSE THAT THE BOARD 4
ISSUES: 5
(1) THE FULL NAME OF THE LICENSEE; 6
(2) THE LICENSE NUMBER ; 7
(3) THE LOCATION OF THE PRIN CIPAL OFFICE AND OF EACH BRANCH 8
OFFICE IF THE LICENS EE IS AN ENTITY; 9
(4) THE DATE OF ISSUANCE OF THE LICENSE; 10
(5) THE DATE ON WHICH THE LICENSE EXPIRES ; AND 11
(6) THE NAME OF THE REPRE SENTATIVE MEMBER IF THE LICENSEE 12
IS AN ENTITY. 13
18–306. 14
WHILE A LICENSE TO AN ENTITY IS IN EFFECT, THE LICENSE AUTHORIZ ES THE 15
ENTITY TO: 16
(1) EMPLOY AS STREAM REST ORATION CONTRACTORS INDIVIDUALS 17
WHO ARE NOT LICENSED STREAM RESTORATION C ONTRACTORS TO PROVID E 18
STREAM RESTORATION C ONTRACTOR SERVICES TO THE PUBLIC ON BEH ALF OF THE 19
LICENSEE; AND 20
(2) REPRESENT ITSELF TO T HE PUBLIC AS A LICEN SED STREAM 21
RESTORATION CONTRACT OR ENTITY. 22
18–307. 23
A LICENSED STREAM REST ORATION CONTRACTOR S HALL: 24
(1) INCLUDE THE CONTRACTO R’S STREAM RESTORATION 25
CONTRACTOR LICENSE NUMBER IN AL L ADVERTISING RELATE D TO THE PROVISION 26
OF STREAM RESTORATIO N CONTRACTOR SERVICE S; AND 27
SENATE BILL 969 21
(2) PROMINENTLY DISPLAY T HE CONTRACTOR ’S STREAM 1
RESTORATION CONTRACT OR LICENSE NUMBER ON ALL LARGE EQUIPMENT USED IN 2
THE COURSE OF THE LI CENSEE’S WORK AS A STREAM REST ORATION CONTRACTOR . 3
18–308. 4
(A) THE SECRETARY SHALL ADOPT REGULATIONS TO STAGG ER THE TERMS 5
OF THE LICENSES . 6
(B) A LICENSE EXPIRES ON T HE DATE THE SECRETARY SETS , IN 7
ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION. 8
(C) AT LEAST 2 MONTHS BEFORE A LICEN SE EXPIRES, THE BOARD SHALL 9
SEND TO THE LICENSEE , BY FIRST–CLASS MAIL OR AND ELECTRONICALLY , TO THE 10
LAST KNOWN ADDRESS O F THE LICENSEE: 11
(1) A RENEWAL APPLICATION FORM; AND 12
(2) A NOTICE THAT STATES : 13
(I) THE DATE ON WHICH THE CURRENT LICENSE EXPI RES; 14
(II) THE DATE BY WHICH THE BOARD MUST RECEIVE TH E 15
RENEWAL APPLICATION FOR THE RENEWAL TO B E ISSUED AND MAILED BEFORE THE 16
LICENSE EXPIRES ; AND 17
(III) THE AMOUNT OF THE REN EWAL FEE. 18
(D) BEFORE A LICENSE EXPI RES, THE LICENSEE MAY RENEW THE LICENS E 19
FOR AN ADDITIONAL 2–YEAR TERM IF THE LIC ENSEE: 20
(1) IS OTHERWISE ENTITLED TO BE LICENSED; 21
(2) PAYS TO THE BOARD: 22
(I) THE REQUIRED RENEWAL FEE SET BY THE BOARD; AND 23
(II) ANY OUTSTANDING FEES ; AND 24
(3) SUBMITS TO THE BOARD: 25
(I) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE 26
CONTINUING EDUCATION REQUIREMENTS ESTABLI SHED UNDER SUBSECTIO N (E) OF 27
THIS SECTION; 28
22 SENATE BILL 969
(II) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE 1
INSURANCE REQUIREMEN TS ESTABLISHED UNDER § 18–302(C)(6) OF THIS 2
SUBTITLE; 3
(III) SATISFACTORY EVIDENCE OF THE RESOLUTION OF ANY 4
LICENSE VIOLATIONS , SUSPENSIONS, DENIALS, REVOCATIONS , OR OTHER BOARD 5
ACTIONS TAKEN UNDER THIS TITLE; AND 6
(IV) A RENEWAL APPLICATION ON THE FORM THAT THE BOARD 7
PROVIDES. 8
(E) (1) A LICENSEE SHALL COMPL ETE 12 HOURS OF CONTINUING 9
EDUCATION INSTRUCTIO N COVERING STREAM RE STORATION CONTRACTOR 10
SUBJECT MATTER APPRO VED BY THE BOARD. 11
(2) (I) THE BOARD SHALL APPROVE T HE SUBSTANCE AND FOR M 12
OF A CONTINUING EDUC ATION COURSE IF THE COURSE IS: 13
1. OFFERED BY A QUALIFIE D INSTRUCTOR ; OR 14
2. CONDUCTED BY AN EDUCA TIONAL INSTITUTION 15
APPROVED BY THE BOARD. 16
(II) THE LICENSEE IS RESPO NSIBLE FOR THE COST OF ANY 17
CONTINUING EDUCATION COURSE. 18
(F) THE BOARD SHALL RENEW THE LICENSE OF EACH LICE NSEE THAT 19
MEETS THE REQUIREMEN TS OF THIS SECTION . 20
18–309. 21
WITHIN 5 DAYS AFTER THE CHANG E, A LICENSEE SHALL SUB MIT TO THE 22
BOARD WRITTEN NOTICE OF: 23
(1) ANY CHANGE IN THE ADD RESS OR TELEPHONE NU MBER OF AN 24
EXISTING OFFICE OR P RINCIPAL PLACE OF BU SINESS; AND 25
(2) IF THE LICENSEE IS AN ENTITY, THE ADDITION OF A BR ANCH 26
OFFICE. 27
18–310. 28
(A) EXCEPT AS OTHERWISE P ROVIDED IN § 10–226 OF THE STATE 29
GOVERNMENT ARTICLE, AND SUBJECT TO THE N OTICE AND HEARING 30 SENATE BILL 969 23
REQUIREMENTS IN SUBS ECTION (C) OF THIS SECTION , THE BOARD MAY DENY , 1
REFUSE TO RENEW , SUSPEND, OR REVOKE A LICENSE IF THE APPLICANT OR 2
LICENSEE: 3
(1) VIOLATES ANY PROVISIO N OF THIS TITLE OR A NY REGULATION 4
ADOPTED UNDER THIS T ITLE; 5
(2) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO 6
OBTAIN A LICENSE FOR THE APPLICANT , LICENSEE, OR ANOTHER PERSON ; 7
(3) FRAUDULENTLY OR DECEP TIVELY USES A LICENS E; 8
(4) COMMITS ANY GROSS NEG LIGENCE, INCOMPETENCE , OR 9
MISCONDUCT WHILE PRA CTICING STREAM RESTO RATION CONTRACTOR SE RVICES; 10
OR 11
(5) IN THE CRITICAL AREA, AS DEFINED UNDER § 8–1802 OF THE 12
NATURAL RESOURCES ARTICLE, FAILS TO COMPLY WITH : 13
(I) THE TERMS OF A STATE OR LOCAL PERMIT , LICENSE, OR 14
APPROVAL; OR 15
(II) ANY STATE OR LOCAL LAW , AN APPROVED PLAN , OR OTHER 16
LEGAL REQUIREMENT . 17
(B) THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND 18
ATLANTIC COASTAL BAYS, ESTABLISHED UNDER TITLE 8, SUBTITLE 18 OF THE 19
NATURAL RESOURCES ARTICLE, SHALL NOTIFY THE BOARD OF ANY LICENSED 20
STREAM RESTORATION C ONTRACTOR OR APPLICA NT FOR A LICENSE THA T FAILS TO 21
COMPLY WITH ANY REQ UIREMENT UNDER SUBSE CTION (A)(5) OF THIS SECTION. 22
(C) (1) BEFORE THE BOARD TAKES ANY FINAL ACTION UNDER 23
SUBSECTION (A) OF THIS SECTION , THE BOARD SHALL GIVE THE APPLICANT OR 24
LICENSEE AGAINST WHO M THE ACTION IS CONT EMPLATED NOTICE AND THE 25
OPPORTUNITY FOR A HEARING BEFORE THE BOARD. 26
(2) THE BOARD SHALL PROVIDE N OTICE AND HOLD A HEA RING IN 27
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT. 28
(3) AT LEAST 30 DAYS BEFORE THE HEAR ING, THE HEARING NOTICE 29
SHALL BE: 30
(I) SERVED PERSONALLY ON THE INDIVIDUAL ; OR 31
24 SENATE BILL 969
(II) SENT BY CERTIFIED MAI L, RETURN RECEIPT REQUE STED, 1
BEARING A POSTMARK F ROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN 2
ADDRESS OF THE INDIV IDUAL OR ENTITY . 3
(4) IF, AFTER DUE NOTICE , THE APPLICANT OR LIC ENSEE AGAINST 4
WHOM THE ACTION IS C ONTEMPL ATED FAILS OR REFUSE S TO APPEAR, THE BOARD 5
MAY HEAR AND DETERMI NE THE MATTER . 6
(D) EXCEPT AS PROVIDED UN DER SUBSECTION (C) OF THIS SECTION , ANY 7
PERSON AGGRIEVED BY A FINAL DECISION OF THE BOARD MAY TAKE AN APP EAL AS 8
AUTHORIZED UNDER §§ 10–222 AND 10–223 OF THE STATE GOVERNMENT ARTICLE. 9
(E) FOR PURPOSES OF THIS SECTION, AN ACT OR OMISSION O F ANY 10
PRINCIPAL, AGENT, OR EMPLOYEE OF AN AP PLICANT OR LICENSEE MAY BE 11
CONSTRUED TO BE THE ACT OR OMISSION OF T HE APPLICANT OR LICE NSEE, AS 12
WELL AS OF THE PRINC IPAL, AGENT, OR EMPLOYEE . 13
18–311. 14
(A) ON BECOMING AWARE OF A VIOLATION BY A LIC ENSEE UNDER THIS 15
TITLE, THE DEPARTMENT SHALL PROV IDE NOTICE OF THE VI OLATION TO THE 16
LICENSEE BY CERTIFIE D MAIL, RETURN RECEIPT REQUE STED, BEARING A 17
POSTMARK FROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN AD DRESS OF THE 18
INDIVIDUAL OR ENTITY . 19
(B) A LICENSE ISSUED UNDER THIS TITLE IS VOIDED IF: 20
(1) THERE IS A LAPSE OF T HE INSURANCE REQUIRE D UNDER § 21
18–302(C)(6) OF THIS SUBTITLE; OR 22
(2) THE DEPARTMENT ISSUES THR EE NOTICES OF VIOLATION TO THE 23
LICENSEE IN ACCORDAN CE WITH SUBSECTION (A) OF THIS SECTION. 24
SUBTITLE 4. PROHIBITED ACTS; PENALTIES. 25
18–401. 26
EXCEPT AS PROVIDED IN §§ 18–301 AND 18–306 OF THIS TITLE , AN 27
INDIVIDUAL OR ENTITY MAY NOT CONDUCT , ATTEMPT TO CONDUCT , OR OFFER TO 28
CONDUCT ANY STREAM R ESTORATION CONTRACTO R SERVICES UNLESS TH E 29
INDIVIDUAL OR ENTITY IS LICENSED BY THE BOARD TO PERFORM THE SERVICES. 30
18–402. 31
SENATE BILL 969 25
UNLESS AUTHORIZED TO PERFORM STREAM RESTO RATION CONTRACTOR 1
SERVICES UNDER THIS TITLE, AN INDIVIDUAL OR ENTITY MAY NOT REPRE SENT TO 2
THE PUBLIC BY TITLE , BY DESCRIPTION OF SE RVICES, METHODS, OR PROCEDURES , 3
OR OTHERWISE , THAT THE INDIVIDUAL OR ENTITY IS AUTHORI ZED TO PERFORM 4
STREAM RESTORATION C ONTRACTOR SERVICES I N THE STATE. 5
18–403. 6
(A) (1) (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A 7
PERSON THAT VIOLATES ANY PROVISION OF THI S TITLE OR ANY REGUL ATION 8
ADOPTED UNDER THIS T ITLE IS SUBJECT TO A N ADMINISTRATIVE PEN ALTY NOT 9
EXCEEDING $10,000 FOR EACH VIOLATION . 10
(II) IN DETERMINING THE AM OUNT OF THE P ENALTY UNDER 11
THIS PARAGRAPH , THE BOARD SHALL CONSIDER : 12
1. THE SERIOUSNESS OF TH E VIOLATION; 13
2. THE HARM CAUSED BY TH E VIOLATION; 14
3. THE GOOD FAITH OF THE LICENSEE; AND 15
4. WHETHER THE LICENSEE HAS A HISTORY OF 16
PREVIOUS VIOLATIONS : 17
(I) $500 FOR A FIRST VIOLATIO N; 18
(II) $1,000 FOR A SECOND VIOLATI ON; AND 19
(III) $5,000 FOR A THIRD OR SUBSE QUENT VIOLATION . 20
(2) THE SUM OF ADMINISTRA TIVE PENALTIES IMPOS ED ON A PERSON 21
UNDER THIS SECTION M AY NOT EXCEED $25,000. 22
(3) (2) EACH DAY THAT A PERSON CONDUC TS STREAM 23
RESTORATION CONTRACT OR SERVICES WITHOUT A LICENSE CONSTITUTE S A 24
SEPARATE OFFENSE . 25
(B) ANY PENALTIES COLLECT ED UNDER THIS SECTIO N SHALL BE PAID INTO 26
THE WETLANDS AND WATERWAYS PROGRAM FUND, ESTABLISHED UNDER § 5–203.1 27
OF THIS ARTICLE, TO BE USED FOR THE A DMINISTRATION OF THE BOARD. 28
(C) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL ADOPT 29
REGULATIONS TO CARRY OUT THIS SECTION . 30 26 SENATE BILL 969
SUBTITLE 5. STREAM AND FLOODPLAIN RESTORATION PROJECTS. 1
18–501. 2
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(2) “LIMIT OF CLEARING ” MEANS THE BOUNDARIES WITHIN WHICH 5
PLANNED CUTTING , CLEARING, OR GRUBBING OF VEGET ATION ASSOCIATED WIT H 6
STREAM RESTORATION C ONTRACTOR SERVICES W ILL OCCUR. 7
(3) “LIMIT OF DISTURBAN CE” MEANS THE BOUNDARY W ITHIN WHICH 8
ADDITIONAL CONSTRUCT ION, MATERIALS AND EQUIPM ENT STORAGE , GRADING, 9
LANDSCAPING , AND RELATED ACTIVITI ES MAY OCCUR . 10
(4) “PROJECT APPLICANT ” MEANS AN INDIVIDUAL OR ENTITY 11
LICENSED UNDER SUBTITLE 3 OF THIS TITLE , OR AUTHO RIZED TO PERFORM 12
STREAM RESTORATION C ONTRACTOR SERVICES U NDER § 18–301 OF THIS TITLE. 13
(5) “STREAM RESTORATION CO NTRACTOR SERVICES ” HAS THE 14
MEANING STATED IN § 18–101 OF THIS TITLE. 15
(B) A PROJECT APPLICANT SE EKING AN AUTHORIZATI ON FOR A STREAM 16
AND FLOODPLAIN RESTORATION P ROJECT IN THE STATE SHALL BE SUBJEC T TO THE 17
REQUIREMENTS OF THIS SECTION. 18
(C) (1) A PROJECT APPLICANT SH ALL PROVIDE PUBLIC N OTICE AT 30% 19
DESIGN COMPLETION , INCLUDING: 20
(I) MAILING WRITTEN NOTIC E TO ANY RESIDENCE O R 21
BUSINESS WITHIN A RADIUS OF 200 FEET OF THE PROPOSED PROJECT AREA ’S 22
BOUNDARY; AND 23
(II) POSTING NOTICE AT POI NTS OF PUBLIC ACCESS TO THE 24
PROJECT. 25
(2) THE PUBLIC NOTICE REQ UIRED UNDER THIS SUB SECTION SHALL 26
INCLUDE: 27
(I) INFORMATION ON THE PR OJECT APPLICANT APPL YING FOR 28
PROJECT AUTHORIZATIO N, INCLUDING CONTACT IN FORMATION FOR THE 29
APPLICANT; 30
SENATE BILL 969 27
(II) THE PURPOSE OF THE PR OJECT; AND 1
(III) IF APPLICABLE , INFORMATION ABOUT TH E PUBLIC 2
MEETING UNDER SUBSEC TION (D) OF THIS SECTION. 3
(D) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPL Y IF: 4
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 5
(II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S 6
PROPERTY; AND 7
(III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S 8
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 9
PROJECT BOUNDARY . 10
(2) A PROJECT APPLICANT SH ALL: 11
(I) HOLD AN IN–PERSON PUBLIC MEETIN G THAT INCLUDES AN 12
OPTION FOR VIRTUAL A TTENDANCE ; 13
(II) TAKE MEETING MINUTES AND RECORD THE MEETI NG; 14
(III) PRESENT: 15
1. THE PROJECT DESIGN RE PORT AND PLANS ; 16
2. A FOREST STAND DELINEATION; 17
3. THE DEPARTMENT ’S STREAM RESTORATION 18
AUTHORIZATION CHECKLIST; AND 19
3. 4. A SEPARATE SHEET WITH THE DESIGN DRAWINGS 20
CLEARLY IDENTIFYING : 21
A. THE LIMIT OF CLEARING , IF ANY; AND 22
B. THE LIMIT OF DISTURBA NCE; AND 23
(IV) POST THE DOCUMENTS AN D MEETING MINUTES ON THE 24
PROJECT APPLICANT ’S WEBSITE. 25
(3) A PROJECT APPLICANT SHALL HOLD THE PUBLI C MEETING 26
REQUIRED UNDER THIS SUBSECTION WHEN THE PROJECT DESIGN IS 60% 27
COMPLETE. 28 28 SENATE BILL 969
(E) A PROJECT APPLICANT SH ALL SUBMIT TO THE DEPARTMENT ALL 1
RELEVANT DOCUMENTS A S PART OF THE APPLIC ATION AND REVIEW PRO CESS, 2
INCLUDING: 3
(1) THE PROJECT DESIGN REPORT A ND DRAWINGS , INCLUDING A 4
SHEET CLEARLY IDENTI FYING: 5
(I) THE LIMIT OF CLEARING , IF ANY; AND 6
(II) THE LIMIT OF DISTURBA NCE; 7
(2) THE FOREST STAND DELI NEATION; 8
(3) RESPONSES TO THE DEPARTMENT ’S STREAM RESTORATION 9
CHECKLIST G UIDANCE DOCUMENT STREAM RESTORATION AUTHORIZATION 10
CHECKLIST; 11
(4) THE MEETING MINUTES A ND, IF FEASIBLE, THE RECORDING FROM 12
THE PUBLIC MEETING C ONDUCTED IN ACCORDAN CE WITH SUBSECTION (D) OF THIS 13
SECTION; AND 14
(5) ANY OTHER DOCUMENTS O R INFORMATION REQUE STED BY THE 15
DEPARTMENT . 16
(F) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF: 17
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 18
(II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S 19
PROPERTY; AND 20
(III) NO RESIDENCE , OTHER THAN THE INDIVIDUAL’S 21
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 22
PROJECT BOUNDARY . 23
(2) WITHIN 24 HOURS AFTER SUBMITTI NG AN APPLICATION TO THE 24
DEPARTMENT , A PROJECT APPLICANT SHALL POST ON ITS WE BSITE: 25
(1) (I) NOTICE THAT IT HAS SUBMITTED AN APPLICA TION; AND 26
(2) (II) THE DATE OF SUBMISSIO N OF THE APPLICATION . 27
18–502. 28 SENATE BILL 969 29
(A) THE DEPARTMENT MAY AUTHOR IZE A STREAM AND FLO ODPLAIN 1
RESTORATION PROJECT IN ACCORDANCE WITH T HIS SECTION. 2
(B) PRIOR TO THE AUTHORIZ ATION OF ANY STREAM AND FLOODPLAIN 3
RESTORATION PROJECT IN THE STATE, THE DEPARTMENT SHALL : 4
(1) ASSESS DOCUMENTATION SUBMITTED BY THE PRO JECT 5
APPLICANT FOR DEGRAD ATION CRITERIA RELAT ED TO: 6
(I) AN EXISTING BIOLOGICA L FUNCTION–BASED PARAMETER ; 7
AND 8
(II) A PHYSICAL PARAMETER , INCLUDING AN EXISTIN G 9
GEOMORPHOLOGIC OR HY DRAULIC FUNCTION –BASED PARAMETER ; 10
(2) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED THE 11
FOLLOWING COBENEFITS , AS APPROPRIATE , INTO THE APPLICATION : 12
(I) THE CREATION OR RESTO RATION OF WILDLIFE H ABITAT, 13
RIPARIAN BUFFERS , AND WETLAND RESTORAT ION; 14
(II) THE RESTORATION OF AQ UATIC RESOURCES , SUCH AS 15
FRESHWATER MUSSELS , FISH PASSAGE, OR OYSTER REEFS ; 16
(III) CARBON SEQUESTRATION ; 17
(IV) CLIMATE CHANGE MITIGA TION, ADAPTATION, OR 18
RESILIENCE; 19
(V) IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND 20
(VI) RECREATIONAL OPPORTUN ITIES AND PUBLIC ACC ESS TO 21
WATERWAYS AND NATURA L HABITATS; 22
(3) ASSESS DOCUMENTATION OF COMMUNITY NOTIFIC ATIONS 23
CONDUCTED BY THE PROJECT APPLICANT PRIOR TO T HE SUBMISSION OF THE 24
APPLICATION; 25
(4) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED, TO 26
THE EXTENT PRACTICAB LE, RECOGNIZED BEST MANA GEMENT PRACTICES TO : 27
(I) MAXIMIZE ECOLOGICAL U PLIFT; 28
(II) MINIMIZE: 29 30 SENATE BILL 969
1. IMPACTS TO WILDLIFE H ABITATS; 1
2. TREE LOSS AND REMOVAL ; 2
3. EARTH DISTURBANCE ; AND 3
4. DISTURBANCE TO NATIVE VEGETATION; 4
(III) AVOID IMPACTS TO : 5
1. LARGE NONINVASIVE NAT IVE PLANT COMMUNITIE S; 6
AND 7
2. SPECIMEN TREES ; 8
(IV) USE EXISTING AREAS SU ITABLE FOR MATERIAL STAGING 9
AREAS TO AVOID FORES T REMOVAL; 10
(V) LIMIT CONSTRUCTION AC CESS ROAD WIDTHS ; 11
(VI) LIMIT THE IMPACTS OF INGRESS AND EGRESS P OINTS TO 12
MINIMIZE FOREST IMPA CTS; AND 13
(VII) WHERE APPROPRIATE , PRIORITIZE THE REMOVAL O F 14
NONNATIVE AND INVASI VE: 15
1. TREES; AND 16
2. VEGETATION; AND 17
(5) ESTABLISH A PLAN TO P ROVIDE FOR AT LEAST 5 YEARS OF 18
MONITORING IN ACCORD ANCE WITH SUBSECTION (D) OF THIS SECTION. 19
(C) THE DEPARTMENT ’S ASSESSMENT REVIEW REQUIRED UNDER 20
SUBSECTION (B)(3) OF THIS SECTION SHAL L INCLUDE: 21
(1) WHETHER THE PROJECT A PPLICANT PROVIDED NO TICE AS 22
REQUIRED IN § 18–501 OF THIS SUBTITLE; 23
(2) WHETHER THE PROJECT A PPLICANT CONDUCTED COMMUNITY 24
MEETINGS WITHIN THE COMMUNITY IMPACTED B Y THE PROJECT A PUBLIC MEETING 25
AS REQUIRED IN § 18–501(D) OF THIS SUBTITLE ; 26
SENATE BILL 969 31
(3) WHETHER THE PROJECT A PPLICANT PLACED APPR OPRIATE 1
PROJECT SIGNAGE ; 2
(4) WHETHER THE PROJECT A PPLICANT CONSIDERED THE 3
PROJECT’S COMPATIBILITY WITH LOCAL LAND USE , ESPECIALLY IN URBAN , 4
SUBURBAN, AND OTHER HIGH –VISIBILITY AREAS; 5
(5) WHETHER AND HOW THE P ROJECT APPLICANT CON SIDERED AND 6
RESPONDED TO RELEVAN T PUBLIC INPUT , INCLUDING ANY RESULTING 7
MODIFICATIONS TO THE PROJECT; AND 8
(6) HOW THE PROJECT APPLI CANT CONSIDERED PUBL IC INPUT IN 9
THE FINAL APPLICATIO N DESIGN. 10
(D) (1) ON COMPLETION OF A ST REAM AND FLOODPLAIN RESTORATION 11
PROJECT, THE DEPARTMENT SHALL PROV IDE FOR AT LEAST 5 YEARS OF 12
MONITORING PER THE D ESIGN AND PERMIT ASS OCIATED WITH THE DES IGN FOR 13
EACH AUTHORIZED PROJ ECT. 14
(2) THE MONITORING REQUIR ED UNDER THIS SUBSEC TION SHALL 15
INCLUDE AN ASSESSMEN T OF STREAM STABILIT Y, STREAM AND FLOODPLAI N 16
FUNCTION, AND VEGETATI ON VIABILITY WITHIN THE AFFECTED PROJECT AREA. 17
18–503. 18
ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER , 19
THE DEPARTMENT SHALL REPO RT TO THE SENATE COMMITTEE ON EDUCATION, 20
ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND 21
TRANSPORTAT ION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 22
GOVERNMENT ARTICLE, ON ANY CHANGES MADE TO THE STREAM RESTORATION 23
AUTHORIZATION CHECKLIST SINCE DECEMBER 1, 2023. 24
SUBTITLE 5. 6. TERMINATION OF TITLE SUBTITLES. 25
18–501. 18–601. 26
SUBJECT TO THE EVALUA TION AND REESTABLISH MENT PROVISIONS OF T HE 27
MARYLAND PROGRAM EVALUATION ACT, THIS SUBTITLE AND SUBTITLES 1 28
THROUGH 4 OF THIS TITLE AND ALL R EGULATIONS ADOPTED U NDER THIS SUBTITLE 29
AND SUBTITLES 1 THROUGH 4 OF THIS TITLE SHALL TER MINATE AND BE OF NO 30
EFFECT AFTER JULY 1, 2033 JUNE 30, 2029. 31
Article – Natural Resources 32
32 SENATE BILL 969
8–2A–02. 1
(a) There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund. 2
(b) The purpose of the Fund is to provide financial assistance necessary to 3
advance Maryland’s progress in meeting the goals established in the 2014 Chesapeake Bay 4
Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries, 5
including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and 6
their tributaries, by focusing limited financial resources on nonpoint source pollution 7
control projects in all regions of the State. 8
(f) (5) IN EACH FISCAL YEAR F ROM 2026 THROUGH 2030, INCLUSIVE, UP 9
TO $100,000 FROM THE FUND SHALL BE USED TO FUND THE OPERATIONS GRANTS 10
UNDER § 8–2B–02(G)(3) OF THIS TITLE AT A R ATE OF $20,000 PER GRANT 11
RECIPIENT PROJECT SPONSOR EACH FISCAL YEAR . 12
SUBTITLE 2B. WHOLE WATERSHED RESTORATION PARTNERSHIP AND FUND. 13
8–2B–01. 14
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(B) (1) “ACTION” MEANS THE INSTALLATI ON, RESTORATION , OR 17
ENHANCEMENT OF : 18
(I) A NATURAL FEATURE ; 19
(II) AN ACTIVITY RELATED T O THE FORM AND FUNCT ION OF A 20
NATURAL FEATURE ; OR 21
(III) LAND CONSERVATION MEA SURES. 22
(2) “ACTION” INCLUDES T HE PLANNING , DESIGN, ENGINEERING , 23
DRAFTING OF LEGAL IN STRUMENTS , AND MAINTENANCE NECE SSARY TO ESTABLISH 24
A NATURAL FEATURE , AN ACTIVITY RELATED TO THE FORM AND FUNC TION OF A 25
NATURAL FEATURE , OR LAND CONSERVATION MEASURES. 26
(C) “FUND” MEANS THE WHOLE WATERSHED FUND. 27
(D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 28
OF THE ENVIRONMENT ARTICLE. 29
(E) “PARTNERSHIP” MEANS THE WHOLE WATERSHED RESTORATION 30
PARTNERSHIP. 31 SENATE BILL 969 33
(F) “PROJECT” MEANS A COLLECTION O F RESTORATION AND 1
CONSERVATION ACTIONS COORDINATED BY MULTIPLE ENT ITIES TO IMPROVE 2
SHALLOW WATER HABITA T. 3
(G) “PROJECT SPONSOR ” MEANS THE ENTITY RES PONSIBLE FOR 4
ADMINISTERING A PROJ ECT, INCLUDING ACCOUNTING FOR FUNDS, COORDINATING 5
PARTNERS AND ACTIONS , AND REPORTING OUTCOM ES. 6
(H) (1) “SHALLOW WATER HABITAT ” MEANS THE PORTION OF THE 7
CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR TRIBUT ARIES FOR WHICH 8
THE STATE HAS ADOPTED WAT ER QUALITY CRITERIA TO SUPPORT SUBMERGED 9
AQUATIC VEGETATION . 10
(2) “SHALLOW WATER HABITAT ” INCLUDES THE SUSQUEHANNA 11
RIVER AND ITS TRIBUTARIES WITHIN THE STATE. 12
(I) “STATE MANAGEMENT TEAM ” MEANS THE REPRESENTA TIVES 13
DESIGNATED TO ADMINI STER THE PARTNERSHIP. 14
(J) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 1–701 OF 15
THE ENVIRONMENT ARTICLE. 16
8–2B–02. 17
(A) THERE IS A WHOLE WATERSHED RESTORATION PARTNERSHIP. 18
(B) THE PURPOSE OF THE PARTNERSHIP IS TO ACC ELERATE RESTORATION 19
OF THE CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS BY 20
EQUITABLY FOCUSING A SSISTANCE ON ACTIONS AND AREAS THAT ARE : 21
(1) COST–EFFECTIVE; 22
(2) LIKELY TO DEMONSTRATE A RAPID SYSTEMIC RES PONSE TO 23
RESTORATION ACTIVITY , INCLUDING RAPID DE –LISTING OF IMPAIRED STREAMS 24
IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT; AND 25
(3) SUPPORTED BY THE LOCA L COMMUNITY GOVERNMENT . 26
(C) (1) THE SECRETARY SHALL ESTAB LISH A STATE MANAGEMENT TEAM 27
TO ADMINISTER THE PARTNERSHIP. 28
(2) THE STATE MANAGEMENT TEAM SHALL INCLUDE : 29
34 SENATE BILL 969
(I) ONE REPRESENTATIVE OF THE DEPARTMENT , DESIGNATED 1
BY THE SECRETARY; 2
(II) ONE REPRESENTATIVE OF THE DEPARTMENT OF THE 3
ENVIRONMENT , DESIGNATED BY THE SECRETARY OF ENVIRONMENT ; 4
(III) ONE REPRESENTATIVE OF THE DEPARTMENT OF 5
AGRICULTURE , DESIGNATED BY THE SECRETARY OF AGRICULTURE ; 6
(IV) ONE REPRESENTATIVE OF THE DEPARTMENT OF 7
PLANNING, DESIGNATED BY THE SECRETARY OF PLANNING; 8
(V) ONE REPRESENTATIVE OF THE CRITICAL AREA 9
COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS, DESIGNATED 10
BY THE CHAIR OF THE COMMISSION; AND 11
(VI) THE CHIEF RESILIENCE OFFICER, OR THE CHIEF 12
RESILIENCE OFFICER’S DESIGNEE. 13
(3) THE REPRESENTATIVE OF THE DEPARTMENT SHALL CHAI R THE 14
STATE MANAGEMENT TEAM . 15
(4) THE STATE MANAGEMENT TEAM SHALL COORDINATE WIT H 16
OTHER ENTITIES , INCLUDING THE U.S. ARMY CORPS OF ENGINEERS AND THE U.S. 17
ENVIRONMENTAL PROTECTION AGENCY, AS NECESSARY TO CARRY O UT ITS 18
FUNCTIONS AND DUTIES UNDER THIS SUBTITLE . 19
(D) (1) THE PARTNERSHIP SHALL EMP LOY STAFF IN ACCORDA NCE WITH 20
THE STATE BUDGET . 21
(2) STATE AGENCIES MAY PR OVIDE STAFF OR OTHER ASSISTANCE TO 22
THE PARTNERSHIP. 23
(E) ON OR BEFORE OCTOBER 1, 2024, AND EVERY 5 YEARS THEREAFTER , 24
THE STATE MANAGEMENT TEAM SHALL ISSUE A REQUES T FOR PROPOSALS FOR 25
PROJECTS THAT : 26
(1) OCCUR WITHIN A SINGLE MARYLAND 8–DIGIT WATERSHED AS 27
IDENTIFIED IN THE ST ATEWIDE DIGITAL WATE RSHED FILE MAINTAINE D BY THE 28
DEPARTMENT OF INFORMATION TECHNOLOGY ; 29
(2) INCLUDE A STRATEGY DE SCRIBING THE PARTNER S, ACTIONS, 30
AND BENEFITS THAT TH E PROJECT WILL INCOR PORATE OVER A 5–YEAR PERIOD; 31
SENATE BILL 969 35
(3) PROVIDE AT LEAST FIVE OF THE BENEFITS SPEC IFIED UNDER 1
SUBSECTION (F)(2)(VIII) OF THIS SECTION; AND 2
(4) ARE ENDORSED BY EACH COUNTY AND MUNICIPAL CORPORATION 3
IN WHICH THE PROJECT WILL OCCUR. 4
(F) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON OR 5
BEFORE MARCH 1, 2025, AND EVERY 5 YEARS THEREAFTER , THE STATE 6
MANAGEMENT TEAM MAY APPROVE UP TO FIVE PROJECTS TO RECEIVE ASSISTANC E 7
UNDER THIS SECTION . 8
(2) THE STATE MANAGEMENT TEAM SHALL EVALUATE A PRO POSED 9
PROJECT BASED ON WHE THER THE PROPOSED PR OJECT: 10
(I) IS LOCATED IN A WATER SHED IN WHICH HABITA T 11
RESTORATION AND POLL UTION REDUCTION W ILL: 12
1. RESULT IN THE GREATES T IMPROVEMENTS TO 13
SHALLOW WATER HABITA T AND LIVING RESOURC ES; 14
2. ACHIEVE RAPID DE –LISTING OF IMPAIRED STREAMS 15
IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT AND PUBLISHED 16
IN THE DEPARTMENT OF THE ENVIRONMENT ’S TRIENNIAL REVIEW OF WATER 17
QUALITY STANDARDS; OR 18
3. GENERATE RAPIDLY –IMPROVING CONDITIONS IN 19
THE LOCAL ECOSYSTEM ; 20
(II) EMPHASIZES ACTIONS TH AT ARE EXPECTED TO P ROVIDE 21
THE GREATEST , MOST COST–EFFECTIVE, AND MEASURABLE AMOUN T OF POLLUTION 22
REDUCTION; 23
(III) SUPPORTS LAND USE POL ICIES, CONSERVATION 24
PROGRAMS, AND RESTORATION PROT OCOLS AT THE LOCAL L EVEL THAT WILL 25
SUSTAIN PROJECT ACTI ONS AND OUTCOMES ; 26
(IV) HAS DOCUMENTED INTERE ST FROM A GROUP OF AFFECTED 27
PROPERTY OWNERS TO A LLOW RESTORATION OR CONSERVATION ACTIONS ON 28
THEIR PROPERTY ; 29
(V) MINIMIZES THE LOSS OF TREES AND OTHER NATU RAL 30
HABITATS; 31
36 SENATE BILL 969
(VI) DEMONSTRATES OPPORTUN ITIES TO IMPLEMENT A CTIONS 1
THAT REDUCE ENVIRONM ENTAL DISPARITIES EX PERIENCED BY OVERBUR DENED 2
OR UNDERSERVED COMMU NITIES; 3
(VII) DEMONSTRATES OPPORTUN ITIES TO FOSTER INNO VATION 4
IN RESTORATION SCIEN CE OR PRACTICES ; 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 RESTO RATION OF WI LDLIFE 8
HABITAT, RIPARIAN BUFFERS , AND WETLAND RESTORAT ION; 9
2. THE RESTORATION OF AQ UATIC RESOURCES , SUCH 10
AS FRESH WATER MUSSE LS, 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 O PPORTUNITIES 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 I N A PREDOMINANTLY 25
URBAN AREA; 26
2. ONE PROJECT LOCATED IN A PREDOMINANTLY 27
SUBURBAN AREA ; 28
SENATE BILL 969 37
3. TWO PROJECTS PRIMARIL Y FOCUSED ON REDUCIN G 1
POLLUTION IN A PREDO MINANTLY AGRICULTURA L AREA; AND 2
4. ONE PROJECT THAT INCO RPORATES 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 IN ADDITION TO THOSE RE QUIRED BY LAW OR REG ULATION 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 APPROVIN G A PROJECT, THE STATE 13
MANAGEMENT TEAM SHALL : 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 AC COUNTS: 19
(I) FOR UP TO 50% OF PROJECT COSTS ; 20
(II) IN ACCORDANCE WITH TH E IMPLEMENTATION AND 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 REQUIRED UNDER SUBSE CTION (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 T HE EXTENT ALLOWED BY STATE AND FEDERAL LAW , INCLUDING 30
THE USE OF THE PERMI T TRACKING DASHBOARD ESTABLISHED BY THE SECRETARY 31
UNDER SUBSECTION (K) OF THIS SECTION; 32
38 SENATE BILL 969
(5) PROVIDE FUNDING TO TH E PROJECT SPONSOR TO SUPPORT 1
WATER QUALITY MONITO RING AT THE PROJE CT SITE; AND 2
(6) MEET WITH THE PROJECT SPONSOR AND PARTICIP ATING LOCAL 3
GOVERNMENTS AT LEAST SIX TIMES EACH CALEN DAR YEAR TO REVIEW A ND 4
FACILITATE PROGRESS ON THE PROJECT . 5
(H) A PROJECT SPONSOR SHAL L PROVIDE OPPORTUNIT IES FOR 6
COMMUNITY ENGAGEMENT FOR THE DURATION OF THE P ROJECT BY INCLUDING : 7
(1) AT LEAST FOUR COMMUNI TY MEETINGS THAT INC LUDE 8
REPRESENTATION FROM EACH LOCAL GOVERNMEN T ENDORSING THE PROJ ECT; 9
AND 10
(2) AN OPPORTUNITY FOR PU BLIC COMMENT ON THE PRELIMINARY 11
DESIGN OF EACH RESTORATION MAJOR OR LARGE–SCALE ACTION PROPOSED BY 12
THE PROJECT. 13
(I) (1) A PROJECT SPONSOR SHAL L IDENTIFY APPROPRIA TE METRICS TO 14
TRACK PROGRESS ON ME ETING THE OUTCOMES I DENTIFIED IN THE PRO JECT’S 15
IMPLEMENTATION AND F INANCING PLAN . 16
(2) (I) A PROJECT SPONSOR SHAL L REPORT ON THE PROGRESS OF 17
THE PROJECT AT THE I NTERVALS AND IN THE FORMAT REQUIRED BY T HE STATE 18
MANAGEMENT TEAM . 19
(II) A REPORT UNDER THIS PA RAGRAPH SHALL INCLUD E 20
INFORMATION ON : 21
1. COMMUNITY ENGAGEMENT EFFORTS; 22
2. RESTORATION AND CONSE RVATION ACTION S 23
INITIATED AND COMPLE TED; 24
3. TREES AFFECTED AND TR EES AT IMMEDIATE OR 25
FUTURE RISK OF IMPAC T DUE TO RESTORATION ACTIONS; 26
4. FUNDING FROM ALL SOUR CES THAT WAS SOLICIT ED, 27
AWARDED, OR SPENT; AND 28
5. THE PROGRESS MADE TOW ARD MEETING THE 29
OUTCOMES IDENTIFIED IN THE PR OJECT’S IMPLEMENTATION AND FINANCING 30
PLAN, INCLUDING THE METRIC S USED FOR TRACKING PROGRESS UNDER 31
PARAGRAPH (1) OF THIS SUBSECTION . 32 SENATE BILL 969 39
(3) THE STATE MANAGEMENT TEAM MAY REQUIRE A PROJEC T 1
SPONSOR TO PERFORM A ND REPORT ON WATER Q UALITY MONITORING FOR MORE 2
THAN 5 YEARS. 3
(J) ON OR BEFORE NOVEMBER 1, 2025, AND EACH NOVEMBER 1 4
THEREAFTER , THE STATE MANAGEMENT TEAM SHALL REPORT TO THE GENERAL 5
ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 6
ON THE STATUS OF EAC H APPROVED PROJECT. 7
(K) (1) THE SECRETARY SHALL ESTAB LISH A PERMIT TRACKI NG 8
DASHBOARD THAT PROVI DES PUBLICLY AVAILAB LE INFORMATION ON TH E PERMIT 9
SCHEDULES AND REQUIR EMENTS FOR ACTIONS T HAT REQUIRE A STATE PERMIT. 10
(2) THE PERMIT TRACKING D ASHBOARD SHALL BE MA DE AVAILABLE 11
TO THE PUBLIC ON THE DEPARTMENT ’S WEBSITE. 12
8–2B–03. 13
(A) THERE IS A WHOLE WATERSHED FUND. 14
(B) THE PURPOSE OF THE FUND IS TO FUND PROJE CTS APPROVED BY THE 15
STATE MANAGEMENT TEAM UNDER § 8–2B–02 OF THIS SUBTITLE. 16
(C) THE SECRETARY SHALL ADMINISTER THE FUND. 17
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 18
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 19
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 20
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 21
(E) THE FUND CONSISTS OF : 22
(1) REVENUE DISTRIBUTED T O THE FUND FROM: 23
(I) THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 24
TRUST FUND ESTABLISHED UNDE R § 8–2A–02 OF THIS TITLE; 25
(II) THE BAY RESTORATION FUND ESTABLISHED UNDE R § 26
9–1605.2 OF THE ENVIRONMENT ARTICLE; 27
(III) THE CLEAN WATER COMMERCE ACCOUNT ESTABLISHED 28
UNDER § 9–1605.4 OF THE ENVIRONMENT ARTICLE; 29
40 SENATE BILL 969
(IV) THE MARYLAND AGRICULTURAL LAND PRESERVATION 1
FUND ESTABLISHED UNDE R § 2–505 OF THE AGRICULTURE ARTICLE; 2
(V) THE COST–SHARING PROG RAM ESTABLISHED UNDE R § 3
8–702 OF THE AGRICULTURE ARTICLE; AND 4
(VI) THE WATERWAY IMPROVEMENT FUND ESTABLISHED 5
UNDER § 8–707 OF THIS TITLE; 6
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 7
(3) INTEREST EARNINGS ; AND 8
(4) ANY OTHER MONEY FROM ANY OTHER SOURC E ACCEPTED FOR 9
THE BENEFIT OF THE FUND. 10
(F) (1) THE FUND MAY BE USED ONLY TO SUPPORT ACTIONS A SSOCIATED 11
WITH A PROJECT APPRO VED BY THE STATE MANAGEMENT TEAM UNDER § 8–2B–02 12
OF THIS SUBTITLE, INCLUDING: 13
(I) TO SATISFY MATCH REQUIREMENTS OF ANY FEDERAL 14
SOURCE; OR 15
(II) MATCHING WITH COUNTY , MUNICIPAL, OR PRIVATE FUNDS 16
OR IN–KIND SUPPORT FOR A P ROJECT. 17
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 18
MONEY TRANSFERRED TO THE FUND UNDER SUBSECTION (E)(1) OF THIS SECTION 19
SHALL BE SUBJECT TO THE CONDITIONS SPECI FIED IN THE ORIGINAT ING FUND OR 20
ACCOUNT. 21
(3) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A PORTION 22
OF FUNDS FOR AN ACTI ON MAY BE PROVIDED A S AN ADVANCE PAYMENT AT THE 23
BEGINNING OF EACH FI SCAL YEAR. 24
(4) ANY REMAINING FUNDS N OT USED TO SUPPORT A N ACTION IN 25
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION S HALL BE AVAILABLE FO R 26
USE CONSISTENT WITH THIS SECTION IN SUBS EQUENT FISCAL YEARS . 27
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 28
IN THE SAME MANNER AS OT HER STATE MONEY MAY BE IN VESTED. 29
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 30
THE FUND. 31 SENATE BILL 969 41
(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 SUPPLE MENTAL TO AND IS NOT INTENDED TO TAKE 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 THE IMPLEMENTATION AND F INANCING 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 PR OVIDED 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 ANOTHE R 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 DRE DGED 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 ACCELERATED RESTORAT ION 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 42 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 43
[(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 CONSISTENT WITH OTHER USES IN ITEMS (I) THROUGH 11
(XII) OF THIS PARAGRAPH , TO FUND THE WHOLE WATERSHED FUND ESTABLISHED 12
UNDER § 8–2B–03 OF THIS TITLE. 13
8–708. 14
(b) (1) Except for the construction of pump–out stations for use by the general 15
boating public at public and private marinas, the governing body and the Waterway 16
Improvement Fund jointly shall finance projects to construct marine facilities beneficial to 17
the boating public. 18
(2) Except as provided in paragraph (3) of this subsection, the contribution 19
of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of 20
each project. 21
(3) The Waterway Improvement Fund may finance completely [any]: 22
(I) ANY construction project beneficial to the boating public which 23
costs $250,000 or less, regardless of its location; AND 24
(II) A PROJECT THAT INVOLVES THE BE NEFICIAL USE OF 25
DREDGED MATERIAL ; AND 26
(III) ANY WATER QUALITY MON ITORING BY THE DEPARTMENT . 27
Article – State Finance and Procurement 28
6–226. 29
(a) (2) (i) Notwithstanding any other provision of law, and unless 30
inconsistent with a federal law, grant agreement, or other federal requirement or with the 31 44 SENATE BILL 969
terms of a gift or settlement agreement, net interest on all State money allocated by the 1
State Treasurer under this section to special funds or accounts, and otherwise entitled to 2
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 3
Fund of the State. 4
(ii) The provisions of subparagraph (i) of this paragraph do not apply 5
to the following funds: 6
189. the Teacher Retention and Development Fund; [and] 7
190. the Protecting Against Hate Crimes Grant Fund; AND 8
191. THE WHOLE WATERSHED FUND. 9
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
as follows: 11
Article – State Government 12
8–402. 13
(a) The General Assembly finds that: 14
(1) a framework that allows for periodic, legislative review of the 15
regulatory, licensing, and other governmental activities of the Executive Branch of the 16
State government is essential for the maintenance of a government in which the citizens 17
have confidence and of a healthy State economy; and 18
(2) this legislative review is consistent with other activities and goals of the 19
General Assembly. 20
(b) The purposes of this subtitle are to: 21
(1) establish a system of legislative review that will: 22
(i) determine whether a governmental activity is necessary for the 23
public interest; and 24
(ii) make units that are responsible for necessary governmental 25
activities accountable and responsive to the public interest; and 26
(2) ensure that the legislative review takes place by establishing, by 27
statute, a process for the review and other legislative action. 28
8–403. 29
This subtitle applies only to the following governmental activities and units: 30 SENATE BILL 969 45
(62) STREAM RESTORATION CONTRACTORS LICENSING BOARD (§ 1
18–201 OF THE ENVIRONMENT ARTICLE); 2
[(62)] (63) Veterinary Medical Examiners, State Board of (§ 2–302 of the 3
Agriculture Article); 4
[(63)] (64) Waterworks and Waste Systems Operators, State Board of (§ 5
12–201 of the Environment Article); and 6
[(64)] (65) Well Drillers, State Board of (§ 13–201 of the Environment 7
Article). 8
SECTION 2. 3. AND BE IT FURTHER ENACTED, That: 9
(a) In this section, “stream restoration contractor services” has the meaning 10
stated in § 18–101 of the Environment Article, as enacted by Section 1 of this Act. 11
(b) (1) On or before December 31, 2024, all persons performing stream 12
restoration contractor services in the State or soliciting to perform stream restoration 13
contractor services in the State shall: 14
(i) register with the Department of the Environment; and 15
(ii) pay to the Department of the Environment a registration fee in 16
an amount determined by the Department. 17
(2) The registration required under paragraph (1) of this subsection shall 18
expire on December 31, 2026, unless extended by an action by the Stream Restoration 19
Contractors Licensing Board established under Section 1 of this Act. 20
(c) After December 31, 2024, a person that fails to register with the Department 21
of the Environment to perform stream restoration contractor services in accordance with 22
subsection (b) of this section: 23
(1) may not perform stream restoration contractor services in the State; 24
and 25
(2) shall be subject to the penalties established in § 18–403 of the 26
Environment Article, as enacted by Section 1 of this Act. 27
(d) For the initial three licensed stream restoration contractor members required 28
to be appointed to the Stream Restoration Contractors Licensing Board in accordance with 29
§ 18–202 of the Environment Article, as enacted by Section 1 of this Act, the Department 30
of the Environment shall select stream restoration contractors from the list of the 31
registrants compiled under subsection (b) of this section for recommendation to the 32
Governor for appointment to the Board. 33 46 SENATE BILL 969
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
July 1, 2024. Section 2 of this Act shall remain effective for a period of 5 years and, at the 2
end of June 30, 2029, Section 2 of this Act, with no further action required by the General 3
Assembly, shall be abrogated and of no further force and effect. 4
Approved:
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Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.