EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING 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.
Italics indicate opposite chamber/conference committee amendments.
*sb0969*
SENATE BILL 969
M3, M1 (4lr2117)
ENROLLED BILL
— Education, Energy, and the Environment/Environment and Transportation —
Introduced by Senators Elfreth, Hester, and Guzzone
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Stream and Watershed, Stream, and Floodplain Restoration – Stream 2
Restoration Contractor Licensing and Projects and Chesapeake and Atlantic 3
Coastal Bays Restoration and Stream and Floodplain Restoration 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 2 SENATE BILL 969
with certain requirements; requiring the Department to assess certain 1
documentation and actions by a project applicant prior to authorizing certain 2
projects; prohibiting the Department from reducing certain monitoring requirements 3
for certain projects; requiring that up to a certain amount of funding from the 4
Chesapeake and Atlantic Coastal Bays 2010 Trust Fund be used to fund certain 5
grants; establishing the Whole Watershed Restoration Partnership to accelerate 6
restoration of the Chesapeake and Atlantic Coastal Bays and their watersheds; 7
requiring the Secretary of Natural Resources to establish a State management team 8
to administer the Partnership; establishing the Whole Watershed Fund as a special, 9
nonlapsing fund; requiring interest earnings of the Fund to be credited to the Fund; 10
altering the use and purpose of certain funds and accounts to include accelerating 11
the restoration of the Chesapeake Bay and Atlantic Coastal Bays and their 12
watershed and providing funding for the Fund; authorizing the use of the Waterway 13
Improvement Fund for projects that involve the beneficial use of dredged material 14
and for certain water quality monitoring; requiring a project applicant seeking 15
authorization for a certain project to provide certain notice and hold certain public 16
meetings except under certain circumstances; requiring a project applicant to submit 17
certain documentation to the Department of the Environment; authorizing the 18
Department to authorize certain projects in accordance with certain requirements; 19
requiring the Department to assess certain documentation and actions by a project 20
applicant prior to authorizing certain projects; prohibiting the Department from 21
reducing certain monitoring requirements for certain projects; requiring all persons 22
performing or soliciting to perform stream restoration contractor services in the 23
State to register with the Department and pay a registration fee on or before a 24
certain date; requiring the Department to select certain registrants as the initial 25
three licensed stream restoration contractor members of the Stream Restoration 26
Contractors Licensing Board; and generally relating to stream and watershed, 27
stream, and floodplain restoration in the State. 28
BY repealing and reenacting, with amendments, 29
Article – Agriculture 30
Section 2–505(a) and (c)(1), 8–702(a), and 8–704(a) 31
Annotated Code of Maryland 32
(2016 Replacement Volume and 2023 Supplement) 33
BY repealing and reenacting, with amendments, 34
Article – Business Regulation 35
Section 8–301 36
Annotated Code of Maryland 37
(2015 Replacement Volume and 2023 Supplement) 38
BY repealing and reenacting, with amendments, 39
Article – Environment 40
Section 1–406 41
Annotated Code of Maryland 42
(2013 Replacement Volume and 2023 Supplement) 43
SENATE BILL 969 3
BY repealing and reenacting, without amendments, 1
Article – Environment 2
Section 9–1605.2(a)(1) and (2) and 9–1605.4(b) 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Environment 7
Section 9–1605.2(a)(2) and (i)(2)(xiii) 9–1605.2(i)(2)(xiii) 9–1605.2(a)(2) and 8
(i)(2)(xiii) and (xiv) and 9–1605.4(c) and (f) 9
Annotated Code of Maryland 10
(2014 Replacement Volume and 2023 Supplement) 11
BY adding to 12
Article – Environment 13
Section 9–1605.2(i)(2)(xv); and 18–101 through 18–103 to be under the new title “Title 14
18. Stream and Floodplain Restoration Projects” 15
Annotated Code of Maryland 16
(2014 Replacement Volume and 2023 Supplement) 17
BY adding to 18
Article – Environment 19
Section 9–1605.2(i)(2)(xv); and 18–101 through 18–501 18–601 to be under the new 20
title “Title 18. Stream Restoration Contractors” 21
Annotated Code of Maryland 22
(2014 Replacement Volume and 2023 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – Natural Resources 25
Section 8–2A–02(a) and (b) and 8–701(a) 26
Annotated Code of Maryland 27
(2023 Replacement Volume and 2023 Supplement) 28
BY adding to 29
Article – Natural Resources 30
Section 8–2A–02(f)(5); 8–2B–01 through 8–2B–03 to be under the new subtitle 31
“Subtitle 2B. Whole Watershed Restoration Partnership and Fund”; and 32
8–701(a–1) 33
Annotated Code of Maryland 34
(2023 Replacement Volume and 2023 Supplement) 35
BY repealing and reenacting, with amendments, 36
Article – Natural Resources 37
Section 8–707(a) and 8–708(b) 38
Annotated Code of Maryland 39
(2023 Replacement Volume and 2023 Supplement) 40
4 SENATE BILL 969
BY repealing and reenacting, without amendments, 1
Article – State Finance and Procurement 2
Section 6–226(a)(2)(i) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(ii)189. and 190. 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)191. 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – State Government 17
Section 8–402 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – State Government 22
Section 8–403(62) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – State Government 27
Section 8–403(62) through (64) 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2023 Supplement) 30
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That the Laws of Maryland read as follows: 32
Article – Agriculture 33
2–505. 34
(a) The Maryland Agricultural Land Preservation Fund is created and continued 35
for [the]: 36
(1) THE purposes specified in this subtitle; AND 37 SENATE BILL 969 5
(2) ACCELERATING THE REST ORATION OF THE CHESAPEAKE BAY 1
AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 2
(c) (1) The Comptroller of the Treasury may not disburse any money from the 3
Maryland Agricultural Land Preservation Fund other than: 4
(i) For costs associated with the staffing and administration of the 5
Maryland Agricultural Land Preservation Foundation; 6
(ii) For reasonable expenses incurred by the members of the board 7
of trustees of the Maryland Agricultural Land Preservation Foundation in the performance 8
of official duties; 9
(iii) For consideration in the purchase of agricultural land 10
preservation easements beginning with fiscal year 1979 and each fiscal year thereafter, 11
INCLUDING TARGETED A CQUISITIONS OF EASEM ENTS OBTAINED IN CON JUNCTION 12
WITH ACTIONS AND PRO JECTS UNDER TITLE 8, SUBTITLE 2B OF THE NATURAL 13
RESOURCES ARTICLE; 14
(iv) For costs associated with acquisition of agricultural land 15
preservation easements approved by the Foundation through the Critical Farms Program, 16
as provided in § 2–517 of this subtitle; [and] 17
(v) For the reimbursement of money paid by a landowner for a 18
preliminary release of a lot under § 2–513(b)(2) of this subtitle in accordance with 19
paragraph (5) of this subsection; AND 20
(VI) TO CONSISTENT IN A MANNER CONSISTEN T WITH THE 21
PURPOSES SPECIFIED I N ITEMS (I) THROUGH (V) OF THIS PARAGRAPH , TO PROVIDE 22
FUNDING FOR THE WHOLE WATERSHED FUND ESTABLISHED UNDE R § 8–2B–03 OF 23
THE NATURAL RESOURCES ARTICLE, INCLUDING FOR PROJEC TS THAT OCCUR ON 24
LAND SUBJECT TO AN A GRICULTURAL LAND PRE SERVATION EASEMENT . 25
8–702. 26
(a) (1) The General Assembly finds and declares that agriculturally related 27
nonpoint sources of water pollution may potentially contribute to the degradation of the 28
water resources of this State and that prevention and control efforts have been hampered 29
because of the cost and lack of income producing potential in many agricultural practices 30
designed to protect water quality. 31
(2) To assist in the implementation of agricultural practices which 32
minimize water pollution from erosion, animal wastes, nutrients, and agricultural 33
chemicals AND TO ADDRESS THE W ATER POLLUTION IMPAC TS OF AGRICULTURE , a 34 6 SENATE BILL 969
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 SUBSECTION , 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) CONSISTENT WITH THE R EQUIREMENTS OF THIS SECTION, STATE 26
COST–SHARING FUNDS MAY BE MADE AVAILABLE TO FU ND THE WHOLE WATERSHED 27
FUND ESTABLISHED UNDE R § 8–2B–03 OF THE NATURAL 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
SENATE BILL 969 7
(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
8 SENATE BILL 969
(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
SENATE BILL 969 9
(4) Science and Health Advisory Group; 1
(5) Board of Waterworks and Waste System Operators; 2
(6) Board of Well Drillers; 3
(7) Hazardous Waste Facilities Siting Board; 4
(8) Marine Contractors Licensing Board; [and] 5
(9) Board of On–Site Wastewater Professionals; AND 6
(10) STREAM RESTORATION CONTRACTORS LICENSING BOARD. 7
9–1605.2. 8
(a) (1) There is a Bay Restoration Fund. 9
(2) It is the intent of the General Assembly that the Bay Restoration Fund 10
be: 11
(i) Used, in part, to provide the funding necessary to upgrade any of 12
the wastewater treatment facilities that are located in the State or used by citizens of the 13
State in order to achieve enhanced nutrient removal where it is cost–effective to do so; [and] 14
(ii) Available for treatment facilities discharging into the Atlantic 15
Coastal Bays or other waters of the State, but that priority be given to treatment facilities 16
discharging into the Chesapeake Bay; AND 17
(III) USED TO ACCELERATE TH E RESTORATION OF T HE 18
CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS; AND 19
(III) USED TO ACCELERATE TH E RESTORATION OF THE 20
CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 21
(i) (2) Funds in the Bay Restoration Fund shall be used only: 22
(xiii) After funding any eligible costs identified under item (iv)1 and 2 23
of this paragraph, for transfers to the Clean Water Commerce Account in accordance with 24
paragraph (3) of this subsection; [and] 25
(xiv) After funding any eligible costs identified under item (iv)1 and 2 26
of this paragraph, for the transfers required under paragraph (11) of this subsection; AND 27
10 SENATE BILL 969
(XV) TO AFTER FUNDING ANY ELI GIBLE COSTS IDENTIFI ED 1
UNDER ITEM (IV)1 AND 2 OF THIS PARAGRAPH , TO FUND THE WHOLE WATERSHED 2
FUND ESTABLISHED UNDER § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 3
9–1605.4. 4
(b) There is a Clean Water Commerce Account. 5
(c) The purpose of the Account is to [purchase]: 6
(1) PURCHASE environmental outcomes in support of the State’s efforts to 7
achieve the Chesapeake Bay TMDL; AND 8
(2) ACCELERATE RESTORATIO N OF THE CHESAPEAKE BAY AND 9
ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 10
(f) (1) Subject to the provisions of this subsection, the Account may be used 11
only for the purchase of cost–effective environmental outcomes that: 12
(i) Support the State’s efforts to achieve the Chesapeake Bay 13
TMDL; and 14
(ii) Have an expected life of at least 10 years. 15
(2) Except as provided in paragraph (3) of this subsection, in each fiscal 16
year: 17
(i) At least 35% shall be used to procure environmental outcomes 18
from agricultural practices, with priority given to projects that are: 19
1. A fixed natural filter practice, as defined in § 8–701 of the 20
Agriculture Article; or 21
2. An agricultural ditch management practice, as defined by 22
the Chesapeake Bay Program; 23
(ii) At least 20% shall be used to procure environmental outcomes 24
from projects, including stormwater management and green infrastructure projects, 25
established in communities disproportionately burdened by environmental harms and risks 26
as identified by the Department in consultation with the Commission on Environmental 27
Justice and Sustainable Communities; and 28
(iii) At least 10% shall be used to procure environmental outcomes 29
from nonagricultural landscape restoration projects that take into consideration the 30
project’s ecological suitability, including the hydrological conditions and other physical 31
characteristics of the location at which the project will be implemented. 32 SENATE BILL 969 11
(3) Any unencumbered funds not used t o purchase environmental 1
outcomes as specified under paragraph (2) of this subsection are: 2
(i) No longer subject to the allocation requirements specified under 3
paragraph (2) of this subsection; and 4
(ii) Available for use consistent with this section in subsequent fiscal 5
years, INCLUDING TO FUND TH E WHOLE WATERSHED FUND ESTABLISHED UNDE R § 6
8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 7
(4) A project may include environmental outcomes from one or more of the 8
project types specified under paragraph (2) of this subsection. 9
TITLE 18. STREAM RESTORATION CONTRACTORS . 10
SUBTITLE 1. DEFINITIONS. 11
18–101. 12
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 13
INDICATED. 14
(B) “BOARD” MEANS THE STREAM RESTORATION CONTRACTORS 15
LICENSING BOARD. 16
(C) “ENTITY” MEANS A BUSINESS WIT H ITS PRINCIPAL OFFI CE IN THE 17
STATE THAT EMPLOYS MO RE THAN ONE INDIVIDU AL TO PROVIDE STREAM 18
RESTORATION CONTRACT OR SERVICES IN THE STATE. 19
(D) “LICENSE” MEANS A PROFESSIONAL LICENSE ISSUED BY TH E BOARD TO 20
AN INDIVIDUAL OR ENT ITY TO PER FORM STREAM RESTORAT ION CONTRACTOR 21
SERVICES IN THE STATE. 22
(E) “LICENSED STREAM RESTO RATION CONTRACTOR ” MEANS AN 23
INDIVIDUAL OR ENTITY THAT HAS RECEIVED A LICENSE FROM THE BOARD TO 24
PERFORM STREAM RESTO RATION CONTRACTOR SE RVICES. 25
(F) (1) “STREAM RESTORATION CONTRACT OR SERVICES ” MEANS 26
CONSTRUCTION , DEMOLITION, INSTALLATION, ALTERATION, OR REPAIR, OR 27
SALVAGE ACTIVITIES LOCATED I N, ON, OR UNDER STATE OR PRIVATE STRE AMS OR 28
NONTIDAL WETLANDS WATERWAYS , INCLUDING THE 100–YEAR FLOODPLAIN , WITH 29
THE GOAL O F IMPROVING THE IN –STREAM STABILITY , HYDROLOGY , HYDRAULICS, 30
MORPHOLOGY , SUBSTRATE WATER QUAL ITY, OR ECOSYSTEM FUNCTIO N. 31
12 SENATE BILL 969
(2) “STREAM RESTORATION CO NTRACTOR SERVICES ” INCLUDES: 1
(I) IN–STREAM STRUCTURE INS TALLATION; 2
(II) STREAM CHANNEL RELOCA TION; 3
(III) STREAM BANK STABILIZA TION; 4
(IV) INFRASTRUCTURE PROTEC TION; 5
(V) HABITAT CREATION ECOLOGICAL RESTORATIO N, 6
INCLUDING THE INSTAL LATION OF STRUCTURES TO CREATE OR ENHANCE HABITAT; 7
(VI) FLOOR FLOOD PROTECTION ; AND 8
(VII) (V) STREAM CHANNEL FILLING . 9
SUBTITLE 2. STREAM RESTORATION CONTRACTORS LICENSING BOARD. 10
18–201. 11
(A) THERE IS A STREAM RESTORATION CONTRACTORS LICENSING BOARD 12
IN THE DEPARTMENT . 13
(B) SUBJECT TO THE PROVIS IONS OF THIS TITLE , THE BOARD IS 14
RESPONSIBLE FOR THE LICENSING AND REGULA TION OF INDIVIDUALS AND 15
ENTITIES THAT PROVID E STREAM RESTORATION CONTRACTOR SERVICES IN THE 16
STATE. 17
18–202. 18
(A) (1) THE BOARD CONSISTS OF SEV EN NINE MEMBERS APPOINTED BY 19
THE GOVERNOR, WITH THE ADVICE OF T HE SECRETARY AND WITH TH E ADVICE AND 20
CONSENT OF THE SENATE. 21
(2) OF THE SEVEN NINE MEMBERS: 22
(I) ONE SHALL BE EMPLOYED BY THE DEPARTMENT ; 23
(II) ONE SHALL BE EMPLOYED BY THE DEPARTMENT OF 24
NATURAL RESOURCES; 25
SENATE BILL 969 13
(III) THREE SHALL BE LICENS ED STREAM RESTORATIO N 1
CONTRACTORS , EACH REPRESENTING A DIFFERENT COUNTY IN THE STATE AS 2
FOLLOWS: 3
1. ONE FROM: 4
A. BALTIMORE CITY; 5
B. ANNE ARUNDEL COUNTY; 6
C. BALTIMORE COUNTY; 7
D. CALVERT COUNTY; 8
E. CHARLES COUNTY; 9
F. HARFORD COUNTY; 10
G. PRINCE GEORGE’S COUNTY; OR 11
H. ST. MARY’S COUNTY; 12
2. ONE FROM: 13
A. ALLEGANY COUNTY; 14
B. CARROLL COUNTY; 15
C. FREDERICK COUNTY; 16
D. GARRETT COUNTY; 17
E. HOWARD COUNTY; 18
F. MONTGOMERY COUNTY; OR 19
G. WASHINGTON COUNTY; AND 20
3. ONE FROM: 21
A. CAROLINE COUNTY; 22
B. CECIL COUNTY; 23
C. DORCHESTER COUNTY; 24 14 SENATE BILL 969
D. KENT COUNTY; 1
E. QUEEN ANNE’S COUNTY; 2
F. SOMERSET COUNTY; 3
G. TALBOT COUNTY; 4
H. WICOMICO COUNTY; OR 5
I. WORCESTER COUNTY; AND 6
(IV) TWO SHALL BE PRIVATE CITIZENS , APPOINTED AT LARGE , 7
WHO REPRESENT DIVERS E INTERESTS AND DIFFERENT COUNTI ES IN THE STATE AS 8
FOLLOWS: 9
1. ONE FROM: 10
A. BALTIMORE CITY; 11
B. ALLEGANY COUNTY; 12
C. ANNE ARUNDEL COUNTY; 13
D. CARROLL COUNTY; 14
E. BALTIMORE COUNTY; 15
F. FREDERICK COUNTY; 16
G. GARRETT COUNTY; 17
H. HARFORD COUNTY; 18
I. HOWARD COUNTY; 19
J. MONTGOMERY COUNTY; 20
K. PRINCE GEORGE’S COUNTY; OR 21
L. WASHINGTON COUNTY; AND 22
2. ONE FROM: 23
SENATE BILL 969 15
A. CALVERT COUNTY; 1
B. CAROLINE COUNTY; 2
C. CECIL COUNTY; 3
D. CHARLES COUNTY; 4
E. DORCHESTER COUNTY; 5
F. KENT COUNTY; 6
G. QUEEN ANNE’S COUNTY; 7
H. SOMERSET COUNTY; 8
I. ST. MARY’S COUNTY; 9
J. TALBOT COUNTY; 10
K. WICOMICO COUNTY; OR 11
L. WORCESTER COUNTY.; AND 12
(V) TWO SHALL REPRESENT L OCAL GOVERNMENT . 13
(B) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE 14
THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 15
(C) (1) THE TERM OF A MEMBER OF THE BOARD IS 3 YEARS. 16
(2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 17
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 18
(3) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 19
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 20
QUALIFIES. 21
(D) THE GOVERNOR MAY REMOVE A MEMBER FROM THE BOARD FOR 22
INCOMPETENCE , MISCONDUCT , NEGLECT OF DUTY , OR OTHER SUFFICIENT CAUSE. 23
18–203. 24
(A) EACH YEAR, THE BOARD SHALL ELECT A C HAIR, VICE CHAIR, AND 25
SECRETARY FROM AMONG ITS MEMBERS. 26 16 SENATE BILL 969
(B) THE BOARD SHALL DETERMINE THE MANNER OF THE EL ECTION OF 1
OFFICERS. 2
18–204. 3
(A) THE BOARD SHALL MEET AT L EAST TWICE A YEAR , AT THE TIMES AND 4
PLACES THAT THE BOARD DETERMINES . 5
(B) EACH MEMBER OF THE BOARD IS ENTITLED TO REIMBURSEMENT FOR 6
EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN 7
THE STATE BUDGET . 8
(C) THE BOARD MAY EMPLOY STAF F IN ACCORDANCE WITH THE STATE 9
BUDGET. 10
18–205. 11
(A) THE BOARD MAY: 12
(1) AS NECESSARY, OBTAIN ASSISTANCE FR OM THE DEPARTMENT TO 13
CARRY OUT AND ENFORC E THE PROVISIONS OF THIS TITLE; AND 14
(2) MAKE INQUIRIES AND CO NDUCT AN INVESTIGATI ON REGARDING 15
ANY APPLICANT FOR A LICENSE. 16
(B) THE BOARD SHALL: 17
(1) RECOMMEND REGULATIONS FOR ADOPTION BY THE SECRETARY 18
THAT: 19
(I) ESTABLISH LICENSING S TANDARDS FOR STREAM 20
RESTORATION CONTRACTORS ; AND 21
(II) CARRY OUT THE PROVISI ONS OF THIS TITLE; 22
(2) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER 23
THIS TITLE; AND 24
(3) KEEP A CURRENT RECORD OF ALL INDIVIDUALS A ND ENTITIES 25
LICENSED UNDER THIS TITLE, INCLUDING: 26
(I) THE NAME S OF INDIVIDUALS AND ENTITIES THAT ARE 27
LICENSED; 28 SENATE BILL 969 17
(II) THE ISSUANCE AND EXPI RATION DATES OF THE LICENSES; 1
AND 2
(III) ANY OTHER INFORMATION THAT THE BOARD CONSIDERS 3
APPROPRIATE . 4
18–206. 5
(A) (1) THE BOARD SHALL SET REASO NABLE FEES FOR THE I SSUANCE 6
AND RENEWAL OF LICEN SES AND OTHER SERVIC ES THAT THE BOARD PROVIDES . 7
(2) THE FEES IMPOSED BY T HE BOARD SHALL BE SET SO AS TO 8
PRODUCE FUNDS TO APP ROXIMATE THE COSTS O F MAINTAINING THE BOARD. 9
(B) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS TITLE 10
INTO THE WETLANDS AND WATERWAYS PROGRAM FUND UNDER § 5–203.1 OF THIS 11
ARTICLE FOR THE ADMI NISTRATION OF THE BOARD. 12
SUBTITLE 3. LICENSING. 13
18–301. 14
(A) EXCEPT AS PROVIDED IN THIS SECTION AND § 18–306 OF THIS 15
SUBTITLE, A PERSON SHALL BE LI CENSED BY THE BOARD AS A STREAM 16
RESTORATION CONTRACT OR OR BE EMPLOYED BY AN INDIVIDUAL OR ENT ITY THAT 17
IS LICENSED AS A STR EAM RESTORATION CONT RACTOR BEFORE THE PE RSON MAY: 18
(1) PERFORM STREAM RESTOR ATION CONTRACTOR SER VICES IN THE 19
STATE; OR 20
(2) SOLICIT TO PERFORM STREAM RESTORATION C ONTRACTOR 21
SERVICES IN THE STATE. 22
(B) AN INDIVIDUAL OR ENTI TY MAY QUALIFY FOR A LICENSE. 23
(C) AN INDIVIDUAL WHO IS EMPLOYED BY AN AGENC Y OF THE FEDERAL 24
GOVERNMENT , A LOCAL GOVERNMENT , OR THE STATE MAY PERFORM STR EAM 25
RESTORATION CONTRA CTOR SERVICES WHILE IN THE PERFORMANCE O F THE 26
DUTIES OF THEIR EMPL OYMENT WITHOUT HAVIN G TO OBTAIN A LICENS E FROM THE 27
BOARD UNDER THIS TITL E. 28
(D) A RESIDENTIAL OR COMME RCIAL PROPERTY OWNER MAY PERFORM 29
STREAM RESTORATION C ONTRACTOR SERVICES O N THE PROPERTY OWNER’S OWN 30 18 SENATE BILL 969
PROPERTY WITHOUT HAV ING TO OBTAIN A LICE NSE FROM THE BOARD UNDER THIS 1
TITLE. 2
18–302. 3
(A) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE 4
REQUIREMENTS OF THIS SECTION AND ANY REGU LATIONS ADOPTED UNDE R THIS 5
SECTION. 6
(B) IF THE APPLICANT IS AN ENTI TY, THE ENTITY SHALL APP OINT A 7
MEMBER OF THE ENTITY AS THE REPRESENTATIV E MEMBER TO MAKE THE 8
APPLICATION ON BEHAL F OF THE ENTITY. 9
(C) AN INDIVIDUAL APPLICA NT OR, IF THE APPLICANT IS AN ENTITY, THE 10
REPRESENTATIVE MEMBE R SHALL: 11
(1) HAVE AT LEAST 2 YEARS OF EXPERIENCE AS A FULL–TIME 12
STREAM RESTORATION C ONTRACTOR OR DEMONST RATE SIMILAR CONTRAC TOR 13
EXPERIENCE; 14
(2) PASS A WRITTEN STREAM RESTORATION CONTRACT OR TEST 15
RECOGNIZED BY THE SECRETARY AND PREPARE D IN CONSULTATION WI TH THE 16
BOARD OF THE MARYLAND STREAM RESTORATION ASSOCIATION; 17
(3) BE REGISTERED AND IN GOOD STANDING WITH T HE STATE 18
DEPARTMENT OF ASSESSMENTS AND TAXATION; 19
(4) IF APPLICABLE , HAVE RESOLVED ALL NO TICES OF VIOLATION 20
FROM THE DEPARTMENT , THE DEPARTMENT OF NATURAL RESOURCES, THE U.S. 21
ARMY CORPS OF ENGINEERS, AND THE U.S. ENVIRONMENTAL PROTECTION 22
AGENCY; 23
(5) HAVE A FEDERAL TAX ID ENTIFICATION NUMBER ; AND 24
(6) CARRY: 25
(I) COMMERCIAL GENERAL LI ABILITY INSURANCE WI TH A 26
$1,000,000 TOTAL AGGREGATE MINI MUM; AND 27
(II) WORKERS’ COMPENSATION INSURAN CE, UNLESS EXEMPT 28
BY LAW. 29
18–303. 30
SENATE BILL 969 19
(A) (1) TO APPLY FOR A LICENS E, AN APPLICANT SHALL : 1
(I) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM 2
THAT THE BOARD PROVIDES ; 3
(II) SUBMIT THE DOCUMENTS REQUIRED UNDER THIS SECTION; 4
AND 5
(III) PAY TO THE BOARD AN A REQUIRED APPLICATION FEE OF 6
$500 IN AN AMOUNT SET BY THE BOARD. 7
(2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER 8
SHALL COMPLETE THE A PPLICATION FORM AND OTHERWISE BE RESPONS IBLE FOR 9
THE ENTITY’S COMPLIANCE WITH TH IS SECTION. 10
(B) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE APPLICATION FORM 11
PROVIDED BY THE BOARD SHALL REQUIRE : 12
(I) THE NAME OF THE APPLI CANT; 13
(II) THE ADDRESS OF THE AP PLICANT; AND 14
(III) THE CURRENT AND PREVI OUS EMPLOYMENT OF TH E 15
APPLICANT RELEVANT T O THE FIELD OF STREA M RESTORATION CONTRA CTING. 16
(2) IF THE APPLICANT IS A N ENTITY, THE APPLICATION FORM 17
PROVIDED BY THE BOARD SHALL REQUIRE : 18
(I) A LIST OF THE ENTITY ’S OWNERS; AND 19
(II) FOR EACH ENTITY OWNER , THE SAME INFORMATION 20
REQUIRED REGARDING A N INDIVIDUAL APPLICA NT UNDER PARAGRAPH (1) OF THIS 21
SUBSECTION. 22
(3) FOR ALL APPLICANTS , THE APPLICATION FORM SHALL REQUIRE : 23
(I) THE ADDRESS OF THE AP PLICANT’S PROPOSED PRINCIPA L 24
PLACE OF BUSINESS AN D OF EACH PROPOSED B RANCH OFFICE ; 25
(II) ALL TRADE OR FICTITIO US NAMES THAT THE AP PLICANT 26
INTENDS TO USE WHILE PERFORMING STREAM RE STORATION CONTRACTOR 27
SERVICES; AND 28
20 SENATE BILL 969
(III) AS THE BOARD CONSIDERS APPRO PRIATE, ANY OTHER 1
INFORMATION TO ASSIS T IN THE EVALUATION OF: 2
1. AN INDIVIDUAL APPLICA NT; OR 3
2. IF THE APPLICANT IS A N ENTITY, ANY ENTITY 4
MEMBER. 5
(C) THE APPLICATION FORM PROVIDED BY THE BOARD SHALL CONTAIN A 6
STATEMENT ADVISING T HE APPLICANT OF THE PENALTIES PRO VIDED UNDER § 7
18–403 OF THIS TITLE FOR A VIOLATION OF THIS TI TLE. 8
(D) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE INDIVIDUAL SHALL 9
SIGN THE APPLICATION FORM UNDER OATH . 10
(2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER 11
OF THE ENTITY SHALL : 12
(I) SIGN THE APPLICATION FORM UNDER OATH ; AND 13
(II) PROVIDE PROOF TO THE BOARD THAT THE 14
REPRESENTATIVE MEMBE R IS A MEMBER OF THE ENTITY. 15
(E) AN APPLICANT FOR A LI CENSE SHALL SUBMIT W ITH THE APPLICATION 16
PROOF OF THE INSURAN CE REQUIRED UNDER § 18–302(C)(6) OF THIS SUBTITLE. 17
18–304. 18
THE BOARD MAY NOT ISSUE A LICENSE TO AN APPLIC ANT WHOSE TRADE OR 19
FICTITIOUS NAME OR T RADEMARK IS SO SIMIL AR TO THAT USED BY A NOTHER 20
LICENSEE THAT THE PU BLIC MAY BE CONFUSED OR MISLED BY THE SIM ILARITY. 21
18–305. 22
(A) THE BOARD SHALL ISSUE A L ICENSE THAT IS VALID FOR 2 YEARS TO ANY 23
APPLICANT WHO MEETS THE REQUIREMENTS OF THIS TITLE AND ANY R EGULATION 24
ADOPTED UNDER THIS T ITLE. 25
(B) THE BOARD SHALL INCLUDE O N EACH LICENSE THAT THE BOARD 26
ISSUES: 27
(1) THE FULL NAME OF THE LICENSEE; 28
(2) THE LICENSE NUMBER ; 29 SENATE BILL 969 21
(3) THE LOCATION OF THE P RINCIPAL OFFICE AND OF EACH BRANCH 1
OFFICE IF THE LICENS EE IS AN ENTITY; 2
(4) THE DATE OF ISSUANCE OF THE LICENSE; 3
(5) THE DATE ON WHICH THE LICENSE EXPIRES ; AND 4
(6) THE NAME OF THE REPRESENTATIVE MEMBE R IF THE LICENSEE 5
IS AN ENTITY. 6
18–306. 7
WHILE A LICENSE TO AN ENTITY IS IN EFFECT, THE LICENSE AUTHORIZ ES THE 8
ENTITY TO: 9
(1) EMPLOY AS STREAM REST ORATION CONTRACTORS INDIVIDUALS 10
WHO ARE NOT LICENSED STREAM RESTORATION C ONTRACTORS TO PROVIDE 11
STREAM RESTORATION C ONTRACTOR SERVICES T O THE PUBLIC ON BEHA LF OF THE 12
LICENSEE; AND 13
(2) REPRESENT ITSELF TO T HE PUBLIC AS A LICEN SED STREAM 14
RESTORATION CONTRACT OR ENTITY. 15
18–307. 16
A LICENSED STREAM REST ORATION CONTRACTOR S HALL: 17
(1) INCLUDE THE CONTRACTOR ’S STREAM RESTORATION 18
CONTRACTOR LICENSE N UMBER IN ALL ADVERTI SING RELATED TO THE PROVISION 19
OF STREAM RESTORATIO N CONTRACTOR SERVICE S; AND 20
(2) PROMINENTLY DISPLAY T HE CONTRACTOR ’S STREAM 21
RESTORATION CONTRACT OR LICENSE NUMBER ON ALL LARGE EQUIPMENT USED IN 22
THE COURSE OF THE LI CENSEE’S WORK AS A STREAM R ESTORATION CONTRACTO R. 23
18–308. 24
(A) THE SECRETARY SHALL ADOPT REGULATIONS TO STAGG ER THE TERMS 25
OF THE LICENSES . 26
(B) A LICENSE EXPIRES ON T HE DATE THE SECRETARY SETS , IN 27
ACCORDANCE W ITH SUBSECTION (A) OF THIS SECTION. 28
22 SENATE BILL 969
(C) AT LEAST 2 MONTHS BEFORE A LICE NSE EXPIRES, THE BOARD SHALL 1
SEND TO THE LICENSEE , BY FIRST–CLASS MAIL OR AND ELECTRONICALLY , TO THE 2
LAST KNOWN ADDRESS O F THE LICENSEE: 3
(1) A RENEWAL APPLICATION FORM; AND 4
(2) A NOTICE THAT STATES : 5
(I) THE DATE ON WHICH THE CURRENT LICENSE EXPI RES; 6
(II) THE DATE BY WHICH THE BOARD MUST RECEIVE TH E 7
RENEWAL APPLICATION FOR THE RENEWAL TO B E ISSUED AND MAILED BEFORE THE 8
LICENSE EXPIRES ; AND 9
(III) THE AMOUNT OF THE REN EWAL FEE. 10
(D) BEFORE A LICENSE EXPI RES, THE LICENSEE MAY REN EW THE LICENSE 11
FOR AN ADDITIONAL 2–YEAR TERM IF THE LIC ENSEE: 12
(1) IS OTHERWISE ENTITLED TO BE LICENSED; 13
(2) PAYS TO THE BOARD: 14
(I) THE REQUIRED RENEWAL FEE SET BY THE BOARD; AND 15
(II) ANY OUTSTANDING FEES ; AND 16
(3) SUBMITS TO THE BOARD: 17
(I) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE 18
CONTINUING EDUCATION REQUIREMENTS ESTABLI SHED UNDER SUBSECTIO N (E) OF 19
THIS SECTION; 20
(II) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE 21
INSURANCE REQUIREMENTS ESTABLI SHED UNDER § 18–302(C)(6) OF THIS 22
SUBTITLE; 23
(III) SATISFACTORY EVIDENCE OF THE RESOLUTION OF ANY 24
LICENSE VIOLATIONS , SUSPENSIONS, DENIALS, REVOCATIONS , OR OTHER BOARD 25
ACTIONS TAKEN UNDER THIS TITLE; AND 26
(IV) A RENEWAL APPLICATION ON THE F ORM THAT THE BOARD 27
PROVIDES. 28
SENATE BILL 969 23
(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 FORM 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 INSTITUTION 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 NUMBER 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
(3) FRAUDULENTLY OR DECEP TIVELY USES A LICENS E; 30 24 SENATE BILL 969
(4) COMMITS ANY GROSS NEG LIGENCE, INCOMPETENCE , OR 1
MISCONDUCT WHILE PRA CTICING STREAM RESTORATION CONTRACT OR SERVICES; 2
OR 3
(5) IN THE CRITICAL AREA, AS DEFINED UNDER § 8–1802 OF THE 4
NATURAL RESOURCES ARTICLE, FAILS TO COMPLY WITH : 5
(I) THE TERMS OF A STATE OR LOCAL PERMIT , LICENSE, OR 6
APPROVAL; OR 7
(II) ANY STATE OR LOCAL LAW , AN APPROVED PLAN , OR OTHER 8
LEGAL REQUIREMENT . 9
(B) THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND 10
ATLANTIC COASTAL BAYS, ESTABLISHED UNDER TITLE 8, SUBTITLE 18 OF THE 11
NATURAL RESOURCES ARTICLE, SHALL NOTIFY THE BOARD OF ANY LICENSED 12
STREAM RESTORATION CONTRACTOR OR APPLIC ANT FOR A LICENSE TH AT FAILS TO 13
COMPLY WITH ANY REQU IREMENT UNDER SUBSEC TION (A)(5) OF THIS SECTION. 14
(C) (1) BEFORE THE BOARD TAKES ANY FINAL ACTION UNDER 15
SUBSECTION (A) OF THIS SECTION , THE BOARD SHALL GIVE THE APPLICANT OR 16
LICENSEE AGAINST WHOM THE ACT ION IS CONTEMPLATED NOTICE AND THE 17
OPPORTUNITY FOR A HE ARING BEFORE THE BOARD. 18
(2) THE BOARD SHALL PROVIDE N OTICE AND HOLD A HEA RING IN 19
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT. 20
(3) AT LEAST 30 DAYS BEFORE THE HEAR ING, THE HEARING NOTICE 21
SHALL BE: 22
(I) SERVED PERSONALLY ON THE INDIVIDUAL ; OR 23
(II) SENT BY CERTIFIED MAI L, RETURN RECEIPT REQUE STED, 24
BEARING A POSTMARK F ROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN 25
ADDRESS OF THE INDIV IDUAL OR ENTITY . 26
(4) IF, AFTER DUE NOTICE, THE APPLICANT OR LIC ENSEE AGAINST 27
WHOM THE ACTION IS C ONTEMPLATED FAILS OR REFUSES TO APPEAR , THE BOARD 28
MAY HEAR AND DETERMI NE THE MATTER . 29
(D) EXCEPT AS PROVIDED UN DER SUBSECTION (C) OF THIS SECTION , ANY 30
PERSON AGGRIEVED BY A FINAL DECISION O F THE BOARD MAY TAKE AN APP EAL AS 31
AUTHORIZED UNDER §§ 10–222 AND 10–223 OF THE STATE GOVERNMENT ARTICLE. 32 SENATE BILL 969 25
(E) FOR PURPOSES OF THIS SECTION, AN ACT OR OMISSION O F ANY 1
PRINCIPAL, AGENT, OR EMPLOYEE OF AN AP PLICANT OR LICENSEE MAY BE 2
CONSTRUED TO BE THE ACT OR OMISSION OF THE A PPLICANT OR LICENSEE , AS 3
WELL AS OF THE PRINC IPAL, AGENT, OR EMPLOYEE . 4
18–311. 5
(A) ON BECOMING AWARE OF A VIOLATION BY A LIC ENSEE UNDER THIS 6
TITLE, THE DEPARTMENT SHALL PROV IDE NOTICE OF THE VI OLATION TO THE 7
LICENSEE BY CERTIFIE D MAIL, RETURN RECEIPT REQUE STED, BEARING A 8
POSTMARK FROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN AD DRESS OF THE 9
INDIVIDUAL OR ENTITY . 10
(B) A LICENSE ISSUED UNDER THIS TITLE IS VOIDED IF: 11
(1) THERE IS A LAPSE OF T HE INSURANCE REQUIRE D UNDER § 12
18–302(C)(6) OF THIS SUBTITLE; OR 13
(2) THE DEPARTMENT ISSUES THR EE NOTICES OF VIOLAT ION TO THE 14
LICENSEE IN ACCORDAN CE WITH SUBSECTION (A) OF THIS SECTION. 15
SUBTITLE 4. PROHIBITED ACTS; PENALTIES. 16
18–401. 17
EXCEPT AS PROVIDED IN §§ 18–301 AND 18–306 OF THIS TIT LE, AN 18
INDIVIDUAL OR ENTITY MAY NOT CONDUCT , ATTEMPT TO CONDUCT , OR OFFER TO 19
CONDUCT ANY STREAM R ESTORATION CONTRACTO R SERVICES UNLESS TH E 20
INDIVIDUAL OR ENTITY IS LICENSED BY THE BOARD TO PERFORM THE SERVICES. 21
18–402. 22
UNLESS AUTHORIZED TO PERFORM STREAM RESTORATION CONTRACT OR 23
SERVICES UNDER THIS TITLE, AN INDIVIDUAL OR ENT ITY MAY NOT REPRESEN T TO 24
THE PUBLIC BY TITLE , BY DESCRIPTION OF SE RVICES, METHODS, OR PROCEDURES , 25
OR OTHERWISE , THAT THE INDIVIDUAL OR ENTITY IS AUTHORI ZED TO PERFORM 26
STREAM RESTORATION CONTRACTOR SERVICES IN THE STATE. 27
18–403. 28
(A) (1) (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A 29
PERSON THAT VIOLATES ANY PROVISION OF THI S TITLE OR ANY REGUL ATION 30 26 SENATE BILL 969
ADOPTED UNDER THIS T ITLE IS SUBJECT TO A N ADMINISTRATIVE PEN ALTY NOT 1
EXCEEDING $10,000 FOR EACH VIOLATION . 2
(II) IN DETERMINING THE AM OUNT OF THE PENALTY UNDER 3
THIS PARAGRAPH , THE BOARD SHALL CONSIDER : 4
1. THE SERIOUSNESS OF TH E VIOLATION; 5
2. THE HARM CAUSED BY TH E VIOLATION; 6
3. THE GOOD FAITH OF THE LICENSEE; AND 7
4. WHETHER THE LICENSEE HAS A HISTORY OF 8
PREVIOUS VIOLATIONS : 9
(I) $500 FOR A FIRST VIOLATIO N; 10
(II) $1,000 FOR A SECOND VIOLATI ON; AND 11
(III) $5,000 FOR A THIRD OR SUBSE QUENT VIOLATION . 12
(2) THE SUM OF ADMINISTRA TIVE PENALTIES IMPOS ED ON A PERSON 13
UNDER THIS SECTION M AY NOT EXCEED $25,000. 14
(3) (2) EACH DAY THAT A PERSO N CONDUCTS STREAM 15
RESTORATION CONTRACT OR SERVICES WITHOUT A LICENSE CONSTITUTE S A 16
SEPARATE OFFENSE . 17
(B) ANY PENALTIES COLLECT ED UNDER THIS SECTIO N SHALL BE PAID INTO 18
THE WETLANDS AND WATERWAYS PROGRAM FUND, ESTABLISHED UNDER § 5–203.1 19
OF THIS ARTICLE, TO BE USED FOR THE A DMINISTRATION OF THE BOARD. 20
(C) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL ADOPT 21
REGULATIONS TO CARRY OUT THIS SECTION . 22
SUBTITLE 5. STREAM AND FLOODPLAIN RESTORATION PROJECTS. 23
18–501. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
SENATE BILL 969 27
(2) “LIMIT OF CLEARING ” MEANS THE BOUNDARIES WITHIN WHICH 1
PLANNED CUTTING , CLEARING, OR GRUBBING OF VEGET ATION ASSOCIATED WIT H 2
STREAM RESTORATION CONTRA CTOR SERVICES WILL O CCUR. 3
(3) “LIMIT OF DISTURBANCE ” MEANS THE BOUNDARY W ITHIN WHICH 4
ADDITIONAL CONSTRUCT ION, MATERIALS AND EQUIPM ENT STORAGE , GRADING, 5
LANDSCAPING , AND RELATED ACTIVITI ES MAY OCCUR . 6
(4) “PROJECT APPLICANT ” MEANS AN INDIVIDUAL OR ENT ITY 7
LICENSED UNDER SUBTITLE 3 OF THIS TITLE , OR AUTHORIZED TO PER FORM 8
STREAM RESTORATION C ONTRACTOR SERVICES U NDER § 18–301 OF THIS TITLE. 9
(5) “STREAM RESTORATION CO NTRACTOR SERVICES ” HAS THE 10
MEANING STATED IN § 18–101 OF THIS TITLE. 11
(B) A PROJECT APPLICANT SE EKING AN AUTHORIZATI ON FOR A STREAM 12
AND FLOODPLAIN RESTO RATION PROJECT IN TH E STATE SHALL BE SUBJEC T TO THE 13
REQUIREMENTS OF THIS SECTION. 14
(C) (1) A PROJECT APPLICANT SH ALL PROVIDE PUBLIC N OTICE AT 30% 15
DESIGN COMPLETION , INCLUDING: 16
(I) MAILING WRITTEN NOTIC E TO ANY RESIDENCE O R 17
BUSINESS WITHIN A RA DIUS OF 200 FEET OF THE PROPOSED PROJECT AREA ’S 18
BOUNDARY; AND 19
(II) POSTING NOTICE AT POI NTS OF PUBLIC ACCESS TO THE 20
PROJECT. 21
(2) THE PUBLIC NOTICE REQ UIRED UNDER THIS SUB SECTION SHALL 22
INCLUDE: 23
(I) INFORMATION ON THE PR OJECT APPLICANT APPL YING FOR 24
PROJECT AUTHORIZATIO N, INCLUDING CONTACT IN FORMATION FOR THE 25
APPLICANT; 26
(II) THE PURPOSE OF THE PR OJECT; AND 27
(III) IF APPLICABLE , INFORMATION ABOUT TH E PUBLIC 28
MEETING UNDER SUBSEC TION (D) OF THIS SECTION. 29
(D) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF: 30
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 31 28 SENATE BILL 969
(II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S 1
PROPERTY; AND 2
(III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S 3
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 4
PROJECT BOUNDARY . 5
(2) A PROJECT APPLICANT SH ALL: 6
(I) HOLD AN IN–PERSON PUBLIC MEETIN G THAT INCLUDES AN 7
OPTION FOR VIRTUAL ATTE NDANCE; 8
(II) TAKE MEETING MINUTES AND RECORD THE MEETI NG; 9
(III) PRESENT: 10
1. THE PROJECT DESIGN RE PORT AND PLANS ; 11
2. A FOREST STAND DELINEA TION; 12
3. THE DEPARTMENT ’S STREAM RESTORATION 13
AUTHORIZATION CHECKLIST; AND 14
3. 4. A SEPARATE SHEET WITH THE DESIGN DRAWINGS 15
CLEARLY IDENTIFYING : 16
A. THE LIMIT OF CLEARING , IF ANY; AND 17
B. THE LIMIT OF DISTURBA NCE; AND 18
(IV) POST THE DOCUMENTS AN D MEETING MINUTES ON THE 19
PROJECT APPLICANT ’S WEBSITE. 20
(3) A PROJECT APPLICANT SH ALL HOLD THE PUBLIC MEETING 21
REQUIRED UNDER THIS SUBSECTION WHEN THE PROJECT DESIGN IS 60% 22
COMPLETE. 23
(E) A PROJECT APPLICANT SH ALL SUBMIT TO THE DEPARTMENT ALL 24
RELEVANT DOCUMENTS A S PART OF THE APPLIC ATION AND REVIEW PRO CESS, 25
INCLUDING: 26
(1) THE PROJECT DESIGN RE PORT AND DRAWINGS , INCLUDING A 27
SHEET CLEARLY IDENTI FYING: 28 SENATE BILL 969 29
(I) THE LIMIT OF CLEARING , IF ANY; AND 1
(II) THE LIMIT OF DISTURBA NCE; 2
(2) THE FOREST STAND DELI NEATION; 3
(3) RESPONSES TO THE DEPARTMENT ’S STREAM RESTORATION 4
CHECKLIST GUIDANCE D OCUMENT STREAM RESTORATION AUTHORIZATION 5
CHECKLIST; 6
(4) THE MEETING MINUTES A ND, IF FEASIBLE, THE RECORDING FROM 7
THE PUBLIC MEETING C ONDUCTED IN ACCORDAN CE WITH SUBSECTION (D) OF THIS 8
SECTION; AND 9
(5) ANY OTHER DOCUMEN TS OR INFORMATION RE QUESTED BY THE 10
DEPARTMENT . 11
(F) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF: 12
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 13
(II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S 14
PROPERTY; AND 15
(III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S 16
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 17
PROJECT BOUNDARY . 18
(2) WITHIN 24 HOURS AFTER SUBMITTI NG AN APPLICATION TO THE 19
DEPARTMENT , A PROJECT APPLICANT SHALL POST ON ITS WE BSITE: 20
(1) (I) NOTICE THAT IT HAS SUBMITTE D AN APPLICATION ; AND 21
(2) (II) THE DATE OF SUBMISSIO N OF THE APPLICATION . 22
18–502. 23
(A) THE DEPARTMENT MAY AUTHOR IZE A STREAM AND FLO ODPLAIN 24
RESTORATION PROJECT IN ACCORDANCE WITH T HIS SECTION. 25
(B) PRIOR TO THE AUTHORIZ ATION OF A NY STREAM AND FLOODP LAIN 26
RESTORATION PROJECT IN THE STATE, THE DEPARTMENT SHALL : 27
30 SENATE BILL 969
(1) ASSESS DOCUMENTATION SUBMITTED BY THE PRO JECT 1
APPLICANT FOR DEGRAD ATION CRITERIA RELAT ED TO: 2
(I) AN EXISTING BIOLOGICA L FUNCTION–BASED PARAMETER ; 3
AND 4
(II) A PHYSICAL PARAMETER , INCLUDING AN EXISTIN G 5
GEOMORPHOLOGIC OR HY DRAULIC FUNCTION –BASED PARAMETER ; 6
(2) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED THE 7
FOLLOWING COBENEFITS , AS APPROPRIATE , INTO THE APPLICATION : 8
(I) THE CREATION OR RESTO RATION OF WILDLIFE H ABITAT, 9
RIPARIAN BUFFERS , AND WETLAND RESTORAT ION; 10
(II) THE RESTORATION OF AQ UATIC RESOURCES , SUCH AS 11
FRESHWATER MUSSELS , FISH PASSAGE, OR OYSTER REEFS ; 12
(III) CARBON SEQUESTRATION ; 13
(IV) CLIMATE CHANGE MITIGA TION, ADAPTATION, OR 14
RESILIENCE; 15
(V) IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND 16
(VI) RECREATIONAL OPPORTUN ITIES AND PUBLIC ACC ESS TO 17
WATERWAYS AND NATURA L HABITATS; 18
(3) ASSESS DOCUMENTATION OF COMMUNITY NOTIFIC ATIONS 19
CONDUCTED BY THE PROJECT APPLICANT PRIOR TO T HE SUBMISSION OF THE 20
APPLICATION; 21
(4) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED, TO 22
THE EXTENT PRACTICAB LE, RECOGNIZED BEST MANA GEMENT PRACTICES TO : 23
(I) MAXIMIZE ECOLOGICAL U PLIFT; 24
(II) MINIMIZE: 25
1. IMPACTS TO WILDLIFE H ABITATS; 26
2. TREE LOSS AND REMOVAL ; 27
3. EARTH DISTURBANCE ; AND 28 SENATE BILL 969 31
4. DISTURBANCE TO NATIVE VEGETATION; 1
(III) AVOID IMPACTS TO : 2
1. LARGE NONINVASIVE NAT IVE PLANT COMMUNITIE S; 3
AND 4
2. SPECIMEN TREES ; 5
(IV) USE EXISTING AREAS SU ITABLE FOR MATERIAL STAGING 6
AREAS TO AVOID FORES T REMOVAL; 7
(V) LIMIT CONSTRUCTION AC CESS ROAD WIDTHS ; 8
(VI) LIMIT THE IMPACTS OF INGRESS AND EGRESS P OINTS TO 9
MINIMIZE FOREST IMPA CTS; AND 10
(VII) WHERE APPROPRIATE , PRIORITIZE THE REMOVAL O F 11
NONNATIVE AND INVASI VE: 12
1. TREES; AND 13
2. VEGETATION; AND 14
(5) ESTABLISH A PLAN TO P ROVIDE FOR AT LEAST 5 YEARS OF 15
MONITORING IN ACCORD ANCE WITH SUBSECTION (D) OF THIS SECTION. 16
(C) THE DEPARTMENT ’S ASSESSMENT REVIEW REQUIRED UNDER 17
SUBSECTION (B)(3) OF THIS SECTION SHAL L INCLUDE: 18
(1) WHETHER THE PROJECT A PPLICANT PROVIDED NO TICE AS 19
REQUIRED IN § 18–501 OF THIS SUBTITLE; 20
(2) WHETHER THE PROJECT A PPLICANT CONDUCTED C OMMUNITY 21
MEETINGS WITHIN THE COMMUNITY IMPACTED B Y THE PROJECT A PUBL IC MEETING 22
AS REQUIRED IN § 18–501(D) OF THIS SUBTITLE ; 23
(3) WHETHER THE PROJECT A PPLICANT PLACED APPR OPRIATE 24
PROJECT SIGNAGE ; 25
(4) WHETHER THE PROJECT A PPLICANT CONSIDERED THE 26
PROJECT’S COMPATIBILITY WITH LOCAL LAND USE , ESPECIALLY IN URBAN , 27
SUBURBAN, AND OTHER HIGH –VISIBILITY AREAS; 28 32 SENATE BILL 969
(5) WHETHER AND HOW THE P ROJECT APPLICANT CON SIDERED AND 1
RESPONDED TO RELEVAN T PUBLIC INPUT , INCLUDING ANY RESULTING 2
MODIFICATIONS TO THE PROJECT; AND 3
(6) HOW THE PROJECT APPLI CANT CONSIDERED PUBL IC INPUT IN 4
THE FINAL APPLICATIO N DESIGN. 5
(D) (1) ON COMPLETION OF A ST REAM AND FLOODPLAIN RESTORATION 6
PROJECT, THE DEPARTMENT SHALL PROV IDE FOR AT LEA ST 5 YEARS OF 7
MONITORING PER THE D ESIGN AND PERMIT ASS OCIATED WITH THE DES IGN FOR 8
EACH AUTHORIZED PROJ ECT. 9
(2) THE MONITORING REQUIR ED UNDER THIS SUBSEC TION SHALL 10
INCLUDE AN ASSESSMEN T OF STREAM STABILIT Y, STREAM AND FLOODPLAI N 11
FUNCTION, AND VEGETATION VIABILITY WITHIN THE AFFECTED PROJECT ARE A. 12
18–503. 13
ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER , 14
THE DEPARTMENT SHALL REPO RT TO THE SENATE COMMITTEE ON EDUCATION, 15
ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND 16
TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 17
GOVERNMENT ARTICLE, ON ANY CHANGES MADE TO THE STREAM RESTORATION 18
AUTHORIZATION CHECKLIST SINCE DECEMBER 1, 2023. 19
SUBTITLE 5. 6. TERMINATION OF TITLE SUBTITLES. 20
18–501. 18–601. 21
SUBJECT TO THE EVALUATION AND REEST ABLISHMENT PROVISION S OF THE 22
MARYLAND PROGRAM EVALUATION ACT, THIS SUBTITLE AND SUBTITLES 1 23
THROUGH 4 OF THIS TITLE AND ALL R EGULATIONS ADOPTED U NDER THIS SUBTITLE 24
AND SUBTITLES 1 THROUGH 4 OF THIS TITLE SHALL TER MINATE AND BE OF NO 25
EFFECT AFTER JULY 1, 2033 JUNE 30, 2029. 26
Article – Natural Resources 27
8–2A–02. 28
(a) There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund. 29
(b) The purpose of the Fund is to provide financial assistance necessary to 30
advance Maryland’s progress in meeting the goals established in the 2014 Chesapeake Bay 31
Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries, 32 SENATE BILL 969 33
including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and 1
their tributaries, by focusing limited financial resources on nonpoint source pollution 2
control projects in all regions of the State. 3
(f) (5) IN EACH FISCAL YEAR F ROM 2026 THROUGH 2030, INCLUSIVE, UP 4
TO $100,000 FROM THE FUND SHALL BE USED TO FUND THE OPERATIONS GRANTS 5
UNDER § 8–2B–02(G)(3) OF THIS TITLE AT A R ATE OF $20,000 PER GRANT 6
RECIPIENT PROJECT SPONSOR EACH FISCAL YEAR . 7
SUBTITLE 2B. WHOLE WATERSHED RESTORATION PARTNERSHIP AND FUND. 8
8–2B–01. 9
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(B) (1) “ACTION” MEANS THE INSTALLATI ON, RESTORATION , OR 12
ENHANCEMENT OF : 13
(I) A NATURAL FEATURE ; 14
(II) AN ACTIVITY RELATED T O THE FORM AND FUNCT ION OF A 15
NATURAL FEATURE ; OR 16
(III) LAND CONSERVATION MEA SURES. 17
(2) “ACTION” INCLUDES THE PLANNIN G, DESIGN, ENGINEERING , 18
DRAFTING OF LEGAL IN STRUMENTS , AND MAINTENANCE NECE SSARY TO ESTABLISH 19
A NATURAL FEATURE , AN ACTIVITY RELATED TO THE FORM AND FUNC TION OF A 20
NATURAL FEATURE , OR LAND CONSERVATION MEASURES. 21
(C) “FUND” MEANS THE WHOLE WATERSHED FUND. 22
(D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 23
OF THE ENVIRONMENT ARTICLE. 24
(E) “PARTNERSHIP” MEANS THE WHOLE WATERSHED RESTORATION 25
PARTNERSHIP. 26
(F) “PROJECT” MEANS A COLLECTION O F RESTORATION AND 27
CONSERVATION ACTIONS COORDINATED BY MULTI PLE ENTITIES TO IMPR OVE 28
SHALLOW WATER HABITA T. 29
34 SENATE BILL 969
(G) “PROJECT SPONSOR ” MEANS THE ENTITY RES PONSIBLE FOR 1
ADMINISTERING A PROJ ECT, INCLUDING ACCOUNTIN G 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 WATE RSHEDS BY 17
EQUITABLY FOCUSING A SSISTANCE ON ACTIONS AND AREAS THAT ARE : 18
(1) COST–EFFECTIVE; 19
(2) LIKELY TO DEMONSTRATE A RAPID SYSTEMIC RES PONSE 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 GOVERNMENT . 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
(II) ONE REPRESENTATIVE OF THE DEPARTMENT OF THE 29
ENVIRONMENT , DESIGNATED BY THE SECRETARY OF ENVIRONMENT ; 30 SENATE BILL 969 35
(III) ONE REPRESENTATIVE OF THE DEPARTMENT OF 1
AGRICULTURE , DESIGNATED BY THE SECRETARY OF AGRICULTURE ; 2
(IV) ONE REPRESENTATIVE OF THE DEPARTMENT OF 3
PLANNING, DESIGNATED BY THE SECRETARY OF PLANNING; 4
(V) ONE REPRESENTATIVE OF THE CRITICAL AREA 5
COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS, DESIGNATED 6
BY THE CHAIR OF THE COMMISSION; AND 7
(VI) THE CHIEF RESILIENCE OFFICER, OR THE CHIEF 8
RESILIENCE OFFICER’S DESIGNEE. 9
(3) THE REPRESENTATIVE OF THE DEPARTMENT SHALL CHAI R THE 10
STATE MANAGEMENT TEAM . 11
(4) THE STATE MANAGEMENT TEAM SHALL COORDINATE WIT H 12
OTHER ENTITIES , INCLUDING THE U.S. ARMY CORPS OF ENGINEERS AND THE U.S. 13
ENVIRONMENTAL PROTECTION AGENCY, AS NECESSARY TO CARR Y OUT ITS 14
FUNCTIONS AND DUTIES UNDER THIS SUBTITLE . 15
(D) (1) THE PARTNERSHIP SHALL EMP LOY STAFF IN ACCORDA NCE WITH 16
THE STATE BUDGET . 17
(2) STATE AGENCIES MAY PR OVIDE STAFF OR OTHER ASSIS TANCE TO 18
THE PARTNERSHIP. 19
(E) ON OR BEFORE OCTOBER 1, 2024, AND EVERY 5 YEARS THEREAFTER , 20
THE STATE MANAGEMENT TEAM SHALL ISSUE A REQUES T FOR PROPOSALS FOR 21
PROJECTS THAT : 22
(1) OCCUR WITHIN A SINGLE MARYLAND 8–DIGIT WATERSHED AS 23
IDENTIFIED IN THE STATEW IDE DIGITAL WATERSHE D FILE MAINTAINED BY THE 24
DEPARTMENT OF INFORMATION TECHNOLOGY ; 25
(2) INCLUDE A STRATEGY DE SCRIBING THE PARTNER S, ACTIONS, 26
AND BENEFITS THAT TH E PROJECT WILL INCOR PORATE OVER A 5–YEAR PERIOD; 27
(3) PROVIDE AT LEAST FIVE OF THE BENEFITS SPECIFIED UNDER 28
SUBSECTION (F)(2)(VIII) OF THIS SECTION; AND 29
(4) ARE ENDORSED BY EACH COUNTY AND MUNICIPAL CORPORATION 30
IN WHICH THE PROJECT WILL OCCUR. 31 36 SENATE BILL 969
(F) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON OR 1
BEFORE MARCH 1, 2025, AND EVERY 5 YEARS THEREAFTER , THE STATE 2
MANAGEMENT TEAM MAY APPROVE UP TO FIVE P ROJECTS TO RECEIVE A SSISTANCE 3
UNDER THIS SECTION . 4
(2) THE STATE MANAGEMENT TEAM SHALL EVALUATE A PRO POSED 5
PROJECT BASED ON WHE THER THE PROPOSED PR OJECT: 6
(I) IS LOCATE D IN A WATERSHED IN WHICH HABITAT 7
RESTORATION AND POLL UTION REDUCTION WILL : 8
1. RESULT IN THE GREATES T IMPROVEMENTS TO 9
SHALLOW WATER HABITA T AND LIVING RESOURC ES; 10
2. ACHIEVE RAPID DE –LISTING OF IMPAIRED STREAMS 11
IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT AND PUBLISHED 12
IN THE DEPARTMENT OF THE ENVIRONMENT ’S TRIENNIAL REVIEW OF WATER 13
QUALITY STANDARDS; OR 14
3. GENERATE RAPIDLY –IMPROVING CONDITIONS IN 15
THE LOCAL ECOSYSTEM ; 16
(II) EMPHASIZES ACTIONS TH AT ARE EXPECTED TO P ROVIDE 17
THE GREATEST, MOST COST–EFFECTIVE, AND MEASURABLE AMOUN T OF POLLUTION 18
REDUCTION; 19
(III) SUPPORTS LAND USE POL ICIES, CONSERVATION 20
PROGRAMS, AND RESTORATION PROT OCOLS AT THE LOCAL L EVEL THAT WILL 21
SUSTAIN PROJECT ACTI ONS AND OUTCOMES ; 22
(IV) HAS DOCUMENTED INTE REST FROM A GROUP OF AFFECTED 23
PROPERTY OWNERS TO A LLOW RESTORATION OR CONSERVATION ACTIONS ON 24
THEIR PROPERTY ; 25
(V) MINIMIZES THE LOSS OF TREES AND OTHER NATU RAL 26
HABITATS; 27
(VI) DEMONSTRATES OPPORTUN ITIES TO IMPLEMENT A CTIONS 28
THAT REDUCE ENVIRONM ENTAL DISPARITIES EXPERIEN CED BY OVERBURDENED 29
OR UNDERSERVED COMMU NITIES; 30
(VII) DEMONSTRATES OPPORTUN ITIES TO FOSTER INNO VATION 31
IN RESTORATION SCIEN CE OR PRACTICES ; 32 SENATE BILL 969 37
(VIII) IN ADDITION TO LAND –BASED HABITAT RESTOR ATION AND 1
WATER QUALITY IMPROV EMENT, ANTICIPATES BENEFITS REL ATED TO: 2
1. THE CREATION OR RESTO RATION OF WILDLIFE 3
HABITAT, RIPARIAN BUFFERS , AND WETLAND RESTORAT ION; 4
2. THE RESTORATION OF AQ UATIC RESOURCES , SUCH 5
AS FRESH WATER MUSSE LS, FISH PASSAGE, OR OYSTER REEFS ; 6
3. CARBON SEQUES TRATION; 7
4. CLIMATE CHANGE MITIGA TION, ADAPTATION, OR 8
RESILIENCE; 9
5. LOCAL EMPLOYMENT OPPO RTUNITIES; 10
6. IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND 11
7. RECREATIONAL OPPORTUN ITIES AND PUBLIC 12
ACCESS TO WATERWAYS AND NATURAL HABITATS ; AND 13
(IX) CREATES PARTNERSHIP O PPORTUNITIES AMONG 14
NONPROFIT AND FOR PR OFIT ORGANIZATIONS , COMMUNITY ORGANIZATI ONS, ALL 15
LEVELS OF GOVERNMENT , AND SCIENTISTS. 16
(3) THE STATE MANAGEMENT TEAM SHALL: 17
(I) WORK TO ENSURE THAT T HE PROJECTS APPROVED 18
INCLUDE: 19
1. ONE PROJECT LOCATED I N A PREDOMINANTLY 20
URBAN AREA; 21
2. ONE PROJECT LOCATED I N A PREDOMINANTLY 22
SUBURBAN AREA ; 23
3. TWO PROJECTS PRIMARIL Y FOCUSED ON REDUCIN G 24
POLLUTION IN A PREDO MINANTLY AGRICULTURA L AREA; AND 25
4. ONE PROJECT THAT INCORPORATES 26
COLLABORATIVE EFFORT S WITH AN ADJOINING STATE; AND 27
38 SENATE BILL 969
(II) ENSURE THAT AT LEAST TWO APPROVED PROJECT S ARE 1
LOCATED IN AND PROVI DE BENEFITS TO AN OV ERBURDENED OR UNDERS ERVED 2
COMMUNITY . 3
(4) THE STATE MANAGEMENT TEAM MAY REQUIRE SITING , DESIGN, 4
CONSTRUCTION , MAINTENANCE , AND OPERATION PRINCI PLES AND STANDARDS F OR 5
A PROJECT THAT ARE I N ADDITION TO THOSE REQUIRED BY LAW OR R EGULATION IF 6
THE TEAM DETERMINES THAT THOSE PRINCIPLE S AND STANDARDS ARE NECESSARY 7
TO PRESERVE THE BENE FITS OF THE PROJECT . 8
(G) FOR A PERIOD OF 5 YEARS AFTER APPROVIN G A PROJECT, THE STATE 9
MANAGEMENT TEAM SHAL L: 10
(1) ASSIST THE PROJECT SP ONSOR IN DEVELOPING AN 11
IMPLEMENTATION AND F INANCING PLAN , INCLUDING MEASURABLE OUTCOMES, 12
FOR THE DURATION OF THE PROJECT; 13
(2) AWARD IMPLEMENTATION GRANTS F ROM THE FUND AND OTHER 14
APPROPRIATE STATE FUNDS AND ACCOU NTS: 15
(I) FOR UP TO 50% OF PROJECT COSTS ; 16
(II) IN ACCORDANCE WITH TH E IMPLEMENTATION AND 17
FINANCING PLAN DEVEL OPED UNDER ITEM (1) OF THIS SUBSECTION ; AND 18
(III) WITH CONSIDERATION GIVEN TO TH E PROGRESS OF THE 19
PROJECT AS DOCUMENTE D IN THE REPORT REQU IRED UNDER SUBSECTIO N (I)(2) OF 20
THIS SECTION; 21
(3) AWARD OPERATIONS GRAN TS TO THE PROJECT SP ONSOR FOR 22
PROJECT ADMINISTRATI ON COSTS IN ACCORDAN CE WITH § 8–2A–02(F)(5) OF THIS 23
TITLE; 24
(4) PROVIDE FOR COORDINAT ED AND TRANSPARENT STATE 25
PERMITTING TO THE EX TENT ALLOWED BY STATE AND FEDERAL LAW , INCLUDING 26
THE USE OF THE PERMI T TRACKING DASHBOARD ESTABLISHED BY THE SECRETARY 27
UNDER SUBSECTION (K) OF THIS SECTION; 28
(5) PROVIDE FUNDING TO THE PROJE CT SPONSOR TO SUPPOR T 29
WATER QUALITY MONITO RING AT THE PROJECT SITE; AND 30
(6) MEET WITH THE PROJECT SPONSOR AND PARTICIP ATING LOCAL 31
GOVERNMENTS AT LEAST SIX TIMES EACH CALEN DAR YEAR TO REVIEW A ND 32
FACILITATE PROGRESS ON THE PROJECT . 33 SENATE BILL 969 39
(H) A PROJECT SPONSOR SHAL L PROVIDE OPPORTUNIT IES FOR 1
COMMUNITY ENGAGEMENT FOR THE DURATION OF THE PROJECT BY INCLU DING: 2
(1) AT LEAST FOUR COMMUNI TY MEETINGS THAT INC LUDE 3
REPRESENTATION FROM EACH LOCAL GOVERNMEN T ENDORSING THE PROJ ECT; 4
AND 5
(2) AN OPPORTUNITY FOR PUBLIC C OMMENT ON THE PRELIM INARY 6
DESIGN OF EACH RESTORATION MAJOR OR LARGE –SCALE ACTION PROPOSED BY 7
THE PROJECT. 8
(I) (1) A PROJECT SPONSOR SHAL L IDENTIFY APPROPRIA TE METRICS TO 9
TRACK PROGRESS ON ME ETING THE OUTCOMES I DENTIFIED IN THE PRO JECT’S 10
IMPLEMENTATION AND F INANCING PLAN . 11
(2) (I) A PROJECT SPONSOR SHAL L REPORT ON THE PROG RESS OF 12
THE PROJECT AT THE I NTERVALS AND IN THE FORMAT REQUIRED BY T HE STATE 13
MANAGEMENT TEAM . 14
(II) A REPORT UNDER THIS PA RAGRAPH SHALL INCLUD E 15
INFORMATION ON : 16
1. COMMUNITY ENGAGEMENT EFFORTS; 17
2. RESTORATION AND CONSE RVATION ACTIONS 18
INITIATED AND COMPLE TED; 19
3. TREES AFFECTED AND TR EES AT IMMEDIATE OR 20
FUTURE RISK OF IMPAC T DUE TO RESTORATION ACTIONS; 21
4. FUNDING FROM ALL SOUR CES THAT WAS SOLICITED, 22
AWARDED, OR SPENT; AND 23
5. THE PROGRESS MADE TOW ARD MEETING THE 24
OUTCOMES IDENTIFIED IN THE PROJECT ’S IMPLEMENTATION AND FINANCING 25
PLAN, INCLUDING THE METRIC S USED FOR TRACKING PROGRESS UNDER 26
PARAGRAPH (1) OF THIS SUBSECTION . 27
(3) THE STATE MANAGEMENT TEAM MAY REQUIRE A PROJECT 28
SPONSOR TO PERFORM A ND REPORT ON WATER Q UALITY MONITORING FO R MORE 29
THAN 5 YEARS. 30
40 SENATE BILL 969
(J) ON OR BEFORE NOVEMBER 1, 2025, AND EACH NOVEMBER 1 1
THEREAFTER , THE STATE MANAGEMENT TEAM SHALL REPORT TO THE GENERAL 2
ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 3
ON THE STATUS OF EAC H APPROVED PROJECT . 4
(K) (1) THE SECRETARY SHALL ESTAB LISH A PERMIT TRACKI NG 5
DASHBOARD THAT PROVI DES PUBLICLY AVAILAB LE INFORMATION ON TH E PERMIT 6
SCHEDULES AND REQUIR EMENTS FOR ACTIONS THAT REQUIRE A STATE PERMIT. 7
(2) THE PERMIT TRACKING D ASHBOARD SHALL BE MA DE AVAILABLE 8
TO THE PUBLIC ON THE DEPARTMENT ’S WEBSITE. 9
8–2B–03. 10
(A) THERE IS A WHOLE WATERSHED FUND. 11
(B) THE PURPOSE OF THE FUND IS TO FUND PROJE CTS APPROVED BY THE 12
STATE MANAGEMENT TEAM UNDER § 8–2B–02 OF THIS SUBTITLE. 13
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 14
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 15
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 16
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 17
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
(E) THE FUND CONSISTS OF : 19
(1) REVENUE DISTRIBUTED T O THE FUND FROM: 20
(I) THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 21
TRUST FUND ESTABLISHED UNDE R § 8–2A–02 OF THIS TITLE; 22
(II) THE BAY RESTORATION FUND ESTABLISHED UNDE R § 23
9–1605.2 OF THE ENVIRONMENT ARTICLE; 24
(III) THE CLEAN WATER COMMERCE ACCOUNT ESTABLISHED 25
UNDER § 9–1605.4 OF THE ENVIRONMENT ARTICLE; 26
(IV) THE MARYLAND AGRICULTURAL LAND PRESERVATION 27
FUND ESTABLISHED UNDER § 2–505 OF THE AGRICULTURE ARTICLE; 28
SENATE BILL 969 41
(V) THE COST–SHARING PROGRAM ESTA BLISHED UNDER § 1
8–702 OF THE AGRICULTURE ARTICLE; AND 2
(VI) THE WATERWAY IMPROVEMENT FUND ESTABLISHED 3
UNDER § 8–707 OF THIS TITLE; 4
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 5
(3) INTEREST EARNINGS ; AND 6
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 7
THE BENEFIT OF THE FUND. 8
(F) (1) THE FUND MAY BE USED ONLY TO SUPPORT ACTIONS A SSOCIATED 9
WITH A PROJECT APPRO VED BY THE STATE MANAGEMENT TEAM UNDER § 8–2B–02 10
OF THIS SUBTITLE, INCLUDING: 11
(I) TO SATISFY MATCH REQU IREMENTS OF ANY FEDE RAL 12
SOURCE; OR 13
(II) MATCHING WITH COUNTY , MUNICIPAL, OR PRIVATE FUNDS 14
OR IN–KIND SUPPORT FOR A P ROJECT. 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 ORIGINAT ING 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 AS AN ADVAN CE PAYMENT AT THE 21
BEGINNING OF EACH FI SCAL YEAR. 22
(4) ANY REMAINING FUNDS N OT USED TO SUPPORT A N ACTION IN 23
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION S HALL BE AVAILABLE FO R 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
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 30
WITH THE STATE BUDGET . 31 42 SENATE BILL 969
(I) MONEY EXPENDED FROM T HE FUND FOR PROJECTS APP ROVED BY THE 1
PARTNERSHIP IS SUPPLE MENTAL TO AND IS NOT INTENDED TO TAKE THE PLACE OF 2
FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR THE PARTNERSHIP. 3
(J) A CONTRACT ENT ERED INTO BY THE DEPARTMENT UNDER THIS 4
SECTION SHALL : 5
(1) BE CONSISTENT WITH TH E IMPLEMENTATION AND FINANCING 6
PLAN DEVELOPED UNDER § 8–2B–02(G) OF THIS SUBTITLE; 7
(2) FOR AN ACTION INVOLVI NG STREAM RESTORATIO N, REQUIRE THE 8
USE OF A STREAM REST ORATION CONTRACTOR LICENSED UNDER TITLE 18 OF THE 9
ENVIRONMENT ARTICLE; AND 10
(3) REQUIRE THAT FUNDS PR OVIDED FROM THE FUND BE RETURNED 11
IF THE ACTION IS NOT COMPLETED IN ACCORDA NCE WITH THE IMPLEME NTATION 12
AND FINANCING PLAN . 13
(K) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ACTION 14
THAT IS PARTIALLY FI NANCED WITH ANOTHER SOURCE OF STATE FUNDS MAY BE 15
FUNDED UNDER THIS SE CTION. 16
(2) FUNDING PROVIDED TO A N ACTION UNDER THIS SUBSECTION 17
SHALL BE PRORATED TO COVER ONLY THE PORTI ON OF THE ACTION NOT FUNDED 18
BY ANOTHER STATE SOURCE. 19
8–701. 20
(a) In this subtitle the following words have the meanings indicated. 21
(A–1) “BENEFICIAL USE OF DRE DGED MATERIAL ” HAS THE MEANING STAT ED 22
IN § 5–1101 OF THE ENVIRONMENT ARTICLE. 23
8–707. 24
(a) (1) There is a Waterway Improvement Fund for the purposes specified in 25
this subtitle, INCLUDING THE ACCELE RATED RESTORATION OF THE CHESAPEAKE 26
AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 27
(2) Except as provided in § 8–709 of this subtitle, any money received into 28
the Waterway Improvement Fund shall be used solely for the following projects: 29
SENATE BILL 969 43
[(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
44 SENATE BILL 969
[(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 INVOLVE S THE BENEFICIAL 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
terms of a gift or settlement agreement, net interest on all State money allocated by the 32 SENATE BILL 969 45
State Treasurer under this section to special funds or accounts, and otherwise entitled to 1
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 2
Fund of the State. 3
(ii) The provisions of subparagraph (i) of this paragraph do not apply 4
to the following funds: 5
189. the Teacher Retention and Development Fund; [and] 6
190. the Protecting Against Hate Crimes Grant Fund; AND 7
191. THE WHOLE WATERSHED FUND. 8
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
as follows: 10
Article – Environment 11
TITLE 18. STREAM AND FLOODPLAIN RESTORATION PROJECTS. 12
18–101. 13
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(2) “LIMIT OF CLEARING” MEANS THE BOUNDARIES WITHIN WHICH 16
PLANNED CUTTING , CLEARING, OR GRUBBING OF VEGET ATION ASSOCIATED WIT H 17
STREAM RESTORATION W ILL OCCUR. 18
(3) “LIMIT OF DISTURBANCE ” MEANS THE BOUNDARY W ITHIN WHICH 19
ADDITIONAL CONSTRUCT ION, MATERIALS AND EQUIPM ENT STORAGE, GRADING, 20
LANDSCAPING , AND RELATED ACTIVITI ES MAY OCCUR. 21
(B) AN APPLICANT SEEKING AN AUTHORIZATION FOR A STREAM AND 22
FLOODPLAIN RESTORATI ON PROJECT IN THE STATE SHALL BE SUBJEC T TO THE 23
REQUIREMENTS OF THIS SECTION. 24
(C) (1) A PROJECT APPLICANT S HALL PROVIDE PUBLIC NOTICE AT 30% 25
DESIGN COMPLETION , INCLUDING: 26
(I) MAILING WRITTEN NOTIC E TO ANY RESIDENCE O R 27
BUSINESS WITHIN A RA DIUS OF 200 FEET OF THE PROPOSED PROJECT AREA ’S 28
BOUNDARY; AND 29
46 SENATE BILL 969
(II) POSTING NOTICE AT POI NTS OF PUBLIC ACCESS TO THE 1
PROJECT. 2
(2) THE PUBLIC NOTICE REQ UIRED UNDER THIS SUB SECTION SHALL 3
INCLUDE: 4
(I) INFORMATION ON THE PR OJECT APPLICANT APPL YING FOR 5
PROJECT AUTHORIZATIO N, INCLUDING CONTACT IN FORMATION FOR THE 6
APPLICANT; 7
(II) THE PURPOSE OF THE PR OJECT; AND 8
(III) IF APPLICABLE, INFORMATION ABOUT TH E PUBLIC MEETING 9
UNDER SUBSECTION (D) OF THIS SECTION. 10
(D) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF: 11
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 12
(II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S 13
PROPERTY; AND 14
(III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S 15
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 16
PROJECT BOUNDARY . 17
(2) A PROJECT APPLICANT SH ALL: 18
(I) HOLD AN IN–PERSON PUBLIC MEETIN G THAT INCLUDES AN 19
OPTION FOR VIRTUAL A TTENDANCE; 20
(II) TAKE MEETING MINUTES AND RECORD THE MEETI NG; 21
(III) PRESENT: 22
1. THE PROJECT DESIGN RE PORT AND PLANS ; 23
2. A FOREST STAND DELINEA TION; 24
3. THE DEPARTMENT ’S STREAM RESTORATION 25
AUTHORIZATION CHECKLIST; AND 26
SENATE BILL 969 47
4. A SEPARATE SHEET WITH THE DESIGN DRAWINGS 1
CLEARLY IDENTIFYING : 2
A. THE LIMIT OF CLEARING , IF ANY; 3
B. THE LIMIT OF DISTURBA NCE; AND 4
C. TO THE EXTENT PRACTIC ABLE, NOTATION WHERE 5
ADDITIONAL TREES ARE PLANNED TO BE REMOVE D; AND 6
(IV) POST THE DOCUMENTS AN D MEETING MINUTES ON THE 7
PROJECT APPLICANT ’S WEBSITE. 8
(3) A PROJECT APPLICANT SH ALL HOLD THE PUBLIC MEETING 9
REQUIRED UNDER THIS SUBSECTION WHEN THE PROJECT DESIGN IS 60% 10
COMPLETE. 11
(E) A PROJECT APPLICANT SH ALL SUBMIT TO THE DEPARTMENT ALL 12
RELEVANT DOCUMENTS A S PART OF THE APPLIC ATION AND REVIEW PRO CESS, 13
INCLUDING: 14
(1) THE PROJECT DESIGN RE PORT AND DRAWINGS , INCLUDING A 15
SHEET CLEARLY IDENTI FYING: 16
(I) THE LIMIT OF CLEARING , IF ANY; AND 17
(II) THE LIMIT OF DISTURBA NCE; 18
(2) THE FOREST STAND DELI NEATION; 19
(3) RESPONSES TO THE DEPARTMENT ’S STREAM RESTORATION 20
AUTHORIZATION CHECKLIST; 21
(4) THE MEETING MINUTES A ND, IF FEASIBLE, THE RECORDING FROM 22
THE PUBLIC MEETING C ONDUCTED IN ACCORDAN CE WITH SUBSECTION (D) OF THIS 23
SECTION; AND 24
(5) ANY OTHER DOCUMENTS O R INFORMATION REQUES TED BY THE 25
DEPARTMENT . 26
(F) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF: 27
(I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 28 48 SENATE BILL 969
(II) THE PROPOSED PROJECT IS SITED ON THE INDIVIDUAL ’S 1
PROPERTY; AND 2
(III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S 3
RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 4
PROJECT BOUNDARY . 5
(2) WITHIN 24 HOURS AFTER SUBMITTI NG AN APPLICATION TO THE 6
DEPARTMENT , A PROJECT APPLICANT SHALL POST ON ITS WEBSITE : 7
(I) NOTICE THAT IT HAS SU BMITTED AN APPLICATI ON; 8
(II) THE DATE OF SUBMISSIO N OF THE APPLICATION ; AND 9
(III) A COPY OF THE APPLICAT ION. 10
18–102. 11
(A) THE DEPARTMENT MAY AUTHOR IZE A STREAM AND FLO ODPLAIN 12
RESTORATION PROJECT IN ACCORDANCE WITH T HIS SECTION. 13
(B) PRIOR TO THE AUTHORIZ ATION OF ANY STREAM AND FLOODPLAIN 14
RESTORATION PROJECT IN THE STATE, THE DEPARTMENT SHALL : 15
(1) ASSESS DOCUMENTATION SUBMITTED BY THE PRO JECT 16
APPLICANT FOR DEGRAD ATION CRITERIA RELAT ED TO: 17
(I) AN EXISTING BIOLOGICA L FUNCTION–BASED PARAMETER ; 18
AND 19
(II) A PHYSICAL PARAMETER , INCLUDING AN EXISTIN G 20
GEOMORPHOLOGIC OR HY DRAULIC FUNCTION –BASED PARA METER; 21
(2) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED THE 22
FOLLOWING COBENEFITS , AS APPROPRIATE , INTO THE APPLICATION : 23
(I) THE CREATION OR RESTO RATION OF WILDLIFE H ABITAT, 24
RIPARIAN BUFFERS , AND WETLAND RESTORAT ION; 25
(II) THE RESTORATION O F AQUATIC RESOURCES , SUCH AS 26
FRESHWATER MUSSELS , FISH PASSAGE, OR OYSTER REEFS ; 27
SENATE BILL 969 49
(III) CARBON SEQUESTRATION ; 1
(IV) CLIMATE CHANGE MITIGA TION, ADAPTATION, OR 2
RESILIENCE; 3
(V) IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND 4
(VI) RECREATIONAL OPPORTUNITIES AND PU BLIC ACCESS TO 5
WATERWAYS AND NATURA L HABITATS; 6
(3) ASSESS DOCUMENTATION OF COMMUNITY NOTIFIC ATIONS 7
CONDUCTED BY THE PRO JECT APPLICANT PRIOR TO THE SUBMISSION OF THE 8
APPLICATION; 9
(4) ASSESS WHETHER THE AP PLICANT INCORPORATED , TO THE 10
EXTENT PRACTICABLE , RECOGNIZED BEST MANA GEMENT PRACTICES TO : 11
(I) MAXIMIZE ECOLOGICAL U PLIFT; 12
(II) MINIMIZE: 13
1. IMPACTS TO WILDLIFE H ABITATS; 14
2. TREE LOSS AND REMOVAL ; 15
3. EARTH DISTURBANCE ; AND 16
4. DISTURBANCE TO NATIVE VEGETATION; 17
(III) AVOID IMPACTS TO : 18
1. LARGE NONINVASIVE NAT IVE PLANT COMMUNITIE S; 19
AND 20
2. SPECIMEN TREES ; 21
(IV) USE EXISTING AREAS SU ITABLE FOR MATERIAL STAGING 22
AREAS TO AVOID FORES T REMOVAL; 23
(V) LIMIT CONSTRUCTION AC CESS ROAD WIDTHS ; 24
(VI) LIMIT THE IMPACTS OF INGRESS AND EGRESS P OINTS TO 25
MINIMIZE FOREST IMPA CTS; AND 26 50 SENATE BILL 969
(VII) WHERE APPROPRIATE , PRIORITIZE THE REMOV AL OF 1
NONNATIVE AND INVASI VE: 2
1. TREES; AND 3
2. VEGETATION; AND 4
(5) ESTABLISH A PLAN TO P ROVIDE FOR AT LEAST 5 YEARS OF 5
MONITORING IN ACCORD ANCE WITH SUBSECTION (D) OF THIS SECTION. 6
(C) THE DEPARTMENT ’S ASSESSMENT REVIEW REQUIRED UNDER 7
SUBSECTION (B)(3) OF THIS SECTION SHAL L INCLUDE: 8
(1) WHETHER THE PROJECT A PPLICANT PROVIDED NOTICE AS 9
REQUIRED IN § 18–101 OF THIS TITLE; 10
(2) WHETHER THE PROJECT A PPLICANT CONDUCTED A PUBLIC 11
MEETING AS REQUIRED IN § 18–101(D) OF THIS TITLE; 12
(3) WHETHER THE PROJECT A PPLICANT PLACED APPR OPRIATE 13
PROJECT SIGNAGE ; 14
(4) WHETHER THE PROJECT APPLICAN T CONSIDERED THE PRO JECT’S 15
COMPATIBILITY WITH L OCAL LAND USE , ESPECIALLY IN URBAN , SUBURBAN, AND 16
OTHER HIGH–VISIBILITY AREAS; 17
(5) WHETHER AND HOW THE P ROJECT APPLICANT CON SIDERED AND 18
RESPONDED TO RELEVAN T PUBLIC INPUT , INCLUDING AN Y RESULTING 19
MODIFICATIONS TO THE PROJECT; AND 20
(6) HOW THE PROJECT APPLI CANT CONSIDERED PUBL IC INPUT IN 21
THE FINAL APPLICATIO N DESIGN. 22
(D) (1) ON COMPLETION OF A ST REAM AND FLOODPLAIN RESTORATION 23
PROJECT, THE DEPARTMENT SHALL PROV IDE FOR AT LEAST 5 YEARS OF 24
MONITORING PER THE D ESIGN AND PERMIT ASS OCIATED WITH THE DES IGN FOR 25
EACH AUTHORIZED PROJ ECT. 26
(2) THE MONITORING REQUIR ED UNDER THIS SUBSEC TION SHALL 27
INCLUDE AN ASSESSMEN T OF STREAM STABILIT Y, STREAM AND FLOODPLAI N 28
FUNCTION, AND VEGETATION VIABI LITY WITHIN THE AFFE CTED PROJECT AREA . 29
SENATE BILL 969 51
18–103. 1
ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER , 2
THE DEPARTMENT SHALL REPO RT TO THE SENATE COMMITTEE ON EDUCATION, 3
ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND 4
TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 5
GOVERNMENT ARTICLE, ON ANY CHANGES MADE TO THE STREAM RESTORATION 6
AUTHORIZATION CHECKLIST SINCE DECEMBER 1, 2023. 7
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 8
effect July 1, 2025. 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
52 SENATE BILL 969
(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 SENATE BILL 969 53
SECTION 3. 4. AND BE IT FURTHER ENACTED, That , except as provided in 1
Section 3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain 2
effective for a period of 5 years and, at the end of June 30, 2029, Section 2 of this Act, with 3
no further action required by the General Assembly, shall be abrogated and of no further 4
force and effect. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.