MD
Maryland Senate Bill SB969

Maryland 2024 Regular Session

Maryland Senate Bill SB969 Compare Versions

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1- WES MOORE, Governor Ch. 559
2-
3-– 1 –
4-Chapter 559
5-(Senate Bill 969)
6-
7-AN ACT concerning
8-
9-Stream and Watershed, Stream, and Floodplain Restoration – Stream
10-Restoration Contractor Licensing and Projects and Chesapeake and Atlantic
11-Coastal Bays Restoration and Stream and Floodplain Restoration Funding
12-(Whole Watershed Act)
13-
14-FOR the purpose of establishing the Stream Restoration Contractors Licensing Board;
15-requiring a person to be licensed as a stream restoration contractor or be employed
16-by an individual or entity that is licensed as a stream restoration contractor before
17-the person performs or solicits to perform stream restoration contractor services in
18-the State, subject to a certain exception; requiring the Department of the
19-Environment to provide notice of a certain violation to a stream restoration
20-contractor; requiring a project applicant seeking authorization for a certain project
21-to provide certain notice and hold certain public meetings except under certain
22-circumstances; requiring a project applicant to submit certain documentation to the
23-Department; authorizing the Department to authorize certain projects in accordance
24-with certain requirements; requiring the Department to assess certain
25-documentation and actions by a project applicant prior to authorizing certain
26-projects; prohibiting the Department from reducing certain monitoring requirements
27-for certain projects; requiring that up to a certain amount of funding from the
28-Chesapeake and Atlantic Coastal Bays 2010 Trust Fund be used to fund certain
29-grants; establishing the Whole Watershed Restoration Partnership to accelerate
30-restoration of the Chesapeake and Atlantic Coastal Bays and their watersheds;
31-requiring the Secretary of Natural Resources to establish a State management team
32-to administer the Partnership; establishing the Whole Watershed Fund as a special,
33-nonlapsing fund; requiring interest earnings of the Fund to be credited to the Fund;
34-altering the use and purpose of certain funds and accounts to include accelerating
35-the restoration of the Chesapeake Bay and Atlantic Coastal Bays and their
36-watershed and providing funding for the Fund; authorizing the use of the Waterway
37-Improvement Fund for projects that involve the beneficial use of dredged material
38-and for certain water quality monitoring; requiring a project applicant seeking
39-authorization for a certain project to provide certain notice and hold certain public
40-meetings except under certain circumstances; requiring a project applicant to submit
41-certain documentation to the Department of the Environment; authorizing the
42-Department to authorize certain projects in accordance with certain requirements;
43-requiring the Department to assess certain documentation and actions by a project
44-applicant prior to authorizing certain projects; prohibiting the Department from
45-reducing certain monitoring requirements for certain projects; requiring all persons
46-performing or soliciting to perform stream restoration contractor services in the
47-State to register with the Department and pay a registration fee on or before a
48-certain date; requiring the Department to select certain registrants as the initial
49-three licensed stream restoration contractor members of the Stream Restoration Ch. 559 2024 LAWS OF MARYLAND
50-
51-– 2 –
52-Contractors Licensing Board; and generally relating to stream and watershed,
53-stream, and floodplain restoration in the State.
54-
55-BY repealing and reenacting, with amendments,
56- Article – Agriculture
57-Section 2–505(a) and (c)(1), 8–702(a), and 8–704(a)
58- Annotated Code of Maryland
59- (2016 Replacement Volume and 2023 Supplement)
60-
61-BY repealing and reenacting, with amendments,
62- Article – Business Regulation
63-Section 8–301
64- Annotated Code of Maryland
65- (2015 Replacement Volume and 2023 Supplement)
66-
67-BY repealing and reenacting, with amendments,
68- Article – Environment
69-Section 1–406
70- Annotated Code of Maryland
71- (2013 Replacement Volume and 2023 Supplement)
72-
73-BY repealing and reenacting, without amendments,
74- Article – Environment
75-Section 9–1605.2(a)(1) and (2) and 9–1605.4(b)
76- Annotated Code of Maryland
77- (2014 Replacement Volume and 2023 Supplement)
78-
79-BY repealing and reenacting, with amendments,
80- Article – Environment
81-Section 9–1605.2(a)(2) and (i)(2)(xiii) 9–1605.2(i)(2)(xiii) 9–1605.2(a)(2) and
82-(i)(2)(xiii) and (xiv) and 9–1605.4(c) and (f)
83- Annotated Code of Maryland
84- (2014 Replacement Volume and 2023 Supplement)
85-
86-BY adding to
87- Article – Environment
88-Section 9–1605.2(i)(2)(xv); and 18–101 through 18–103 to be under the new title “Title
89-18. Stream and Floodplain Restoration Projects”
90- Annotated Code of Maryland
91- (2014 Replacement Volume and 2023 Supplement)
92-
93-BY adding to
94- Article – Environment
95-Section 9–1605.2(i)(2)(xv); and 18–101 through 18–501 18–601 to be under the new
96-title “Title 18. Stream Restoration Contractors”
97- Annotated Code of Maryland WES MOORE, Governor Ch. 559
98-
99-– 3 –
100- (2014 Replacement Volume and 2023 Supplement)
101-
102-BY repealing and reenacting, without amendments,
103- Article – Natural Resources
104-Section 8–2A–02(a) and (b) and 8–701(a)
105- Annotated Code of Maryland
106- (2023 Replacement Volume and 2023 Supplement)
107-
108-BY adding to
109- Article – Natural Resources
110-Section 8–2A–02(f)(5); 8–2B–01 through 8–2B–03 to be under the new subtitle
111-“Subtitle 2B. Whole Watershed Restoration Partnership and Fund”; and
112-8–701(a–1)
113- Annotated Code of Maryland
114- (2023 Replacement Volume and 2023 Supplement)
115-
116-BY repealing and reenacting, with amendments,
117- Article – Natural Resources
118-Section 8–707(a) and 8–708(b)
119- Annotated Code of Maryland
120- (2023 Replacement Volume and 2023 Supplement)
121-
122-BY repealing and reenacting, without amendments,
123- Article – State Finance and Procurement
124-Section 6–226(a)(2)(i)
125- Annotated Code of Maryland
126- (2021 Replacement Volume and 2023 Supplement)
127-
128-BY repealing and reenacting, with amendments,
129- Article – State Finance and Procurement
130-Section 6–226(a)(2)(ii)189. and 190.
131- Annotated Code of Maryland
132- (2021 Replacement Volume and 2023 Supplement)
133-
134-BY adding to
135- Article – State Finance and Procurement
136-Section 6–226(a)(2)(ii)191.
137- Annotated Code of Maryland
138- (2021 Replacement Volume and 2023 Supplement)
139-
140-BY repealing and reenacting, without amendments,
141- Article – State Government
142-Section 8–402
143- Annotated Code of Maryland
144- (2021 Replacement Volume and 2023 Supplement)
145- Ch. 559 2024 LAWS OF MARYLAND
146-
147-– 4 –
148-BY adding to
149- Article – State Government
150-Section 8–403(62)
151- Annotated Code of Maryland
152- (2021 Replacement Volume and 2023 Supplement)
153-
154-BY repealing and reenacting, with amendments,
155- Article – State Government
156-Section 8–403(62) through (64)
157- Annotated Code of Maryland
158- (2021 Replacement Volume and 2023 Supplement)
159-
160- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
161-That the Laws of Maryland read as follows:
162-
163-Article – Agriculture
164-
165-2–505.
166-
167- (a) The Maryland Agricultural Land Preservation Fund is created and continued
168-for [the]:
169-
170- (1) THE purposes specified in this subtitle; AND
171-
172- (2) ACCELERATING THE REST ORATION OF THE CHESAPEAKE BAY
173-AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS.
174-
175- (c) (1) The Comptroller of the Treasury may not disburse any money from the
176-Maryland Agricultural Land Preservation Fund other than:
177-
178- (i) For costs associated with the staffing and administration of the
179-Maryland Agricultural Land Preservation Foundation;
180-
181- (ii) For reasonable expenses incurred by the members of the board
182-of trustees of the Maryland Agricultural Land Preservation Foundation in the performance
183-of official duties;
184-
185- (iii) For consideration in the purchase of agricultural land
186-preservation easements beginning with fiscal year 1979 and each fiscal year thereafter,
187-INCLUDING TARGETED A CQUISITIONS OF EASEM ENTS OBTAINED IN CON JUNCTION
188-WITH ACTIONS AND PRO JECTS UNDER TITLE 8, SUBTITLE 2B OF THE NATURAL
189-RESOURCES ARTICLE;
190- WES MOORE, Governor Ch. 559
191-
192-– 5 –
193- (iv) For costs associated with acquisition of agricultural land
194-preservation easements approved by the Foundation through the Critical Farms Program,
195-as provided in § 2–517 of this subtitle; [and]
196-
197- (v) For the reimbursement of money paid by a landowner for a
198-preliminary release of a lot under § 2–513(b)(2) of this subtitle in accordance with
199-paragraph (5) of this subsection; AND
200-
201- (VI) TO CONSISTENT IN A MANNER CONSISTEN T WITH THE
202-PURPOSES SPECIFIED I N ITEMS (I) THROUGH (V) OF THIS PARAGRAPH , TO PROVIDE
203-FUNDING FOR THE WHOLE WATERSHED FUND ESTABLISHED UNDER § 8–2B–03 OF
204-THE NATURAL RESOURCES ARTICLE, INCLUDING FOR PROJEC TS THAT OCCUR ON
205-LAND SUBJECT TO AN A GRICULTURAL LAND PRE SERVATION EASEMENT .
206-
207-8–702.
208-
209- (a) (1) The General Assembly finds and declares that agriculturally related
210-nonpoint sources of water pollution may potentially contribute to the degradation of the
211-water resources of this State and that prevention and control efforts have been hampered
212-because of the cost and lack of income producing potential in many agricultural practices
213-designed to protect water quality.
214-
215- (2) To assist in the implementation of agricultural practices which
216-minimize water pollution from erosion, animal wastes, nutrients, and agricultural
217-chemicals AND TO ADDRESS THE W ATER POLLUTION IMPAC TS OF AGRICULTURE , a
218-cost sharing program between the State and eligible applicants is established for the public
219-benefit.
220-
221-8–704.
222-
223- (a) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
224-State cost–sharing funds for a project being considered for State cost–sharing may be made
225-available:
226-
227- [(1)] (I) For up to 100% of eligible costs, not to exceed a dollar amount of
228-up to $200,000 as determined by a regulation adopted jointly by the Secretary of
229-Agriculture and the Secretary of the Environment; and
230-
231- [(2)] (II) If:
232-
233- [(i)] 1. The Department of Agriculture, the soil conservation
234-district, and a person have executed an agreement which, among other things, obligates
235-the person to:
236- Ch. 559 2024 LAWS OF MARYLAND
237-
238-– 6 –
239- [1.] A. Establish, construct, or install the best
240-management practice or fixed natural filter practice in accordance with technical
241-specifications;
242-
243- [2.] B. Maintain the best management practice or fixed
244-natural filter practice for its expected life span; and
245-
246- [3.] C. Provide the required matching funds, if any, for the
247-project;
248-
249- [(ii)] 2. The Board of Public Works has given approval to the
250-project when the proceeds of State bonds are to be used to finance the State share; and
251-
252- [(iii)] 3. The soil conservation district has certified to the
253-Department that the project meets all applicable technical standards, and that all
254-submitted invoices properly represent eligible costs.
255-
256- (2) CONSISTENT WITH THE R EQUIREMENTS OF THIS SECTION, STATE
257-COST–SHARING FUNDS MAY BE MADE AVAILABLE TO FUND TH E WHOLE WATERSHED
258-FUND ESTABLISHED UNDE R § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE.
259-
260- (3) A reduction in State cost–sharing rates for riparian forest buffers,
261-riparian herbaceous cover, wetland restoration, or pasture management may not be based
262-on tons of soil saved or an amortization formula.
263-
264- (4) State cost–sharing rates for pasture management shall be based on the
265-applicable rate established by the U.S. Department of Agriculture’s Environmental Quality
266-Incentives Program.
267-
268- (5) State cost–sharing rates paid for the planting of multiple species of
269-cover crops shall equal or exceed the rates paid for the planting of a single species of cover
270-crop.
271-
272- (6) (i) 1. Except as authorized under subsubparagraph 2 of this
273-subparagraph and before the Department of Agriculture executes a cost –sharing
274-agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and
275-conditions of the agreement.
276-
277- 2. The Department may execute the agreement without the
278-consent of the landlord if:
279-
280- A. The agreement concerns a short –term project that
281-involves only the planting of a cover crop; and
282- WES MOORE, Governor Ch. 559
283-
284-– 7 –
285- B. The Department has sent by first–class mail written
286-notice of a cover crop project to the landlord at least 10 calendar days before executing the
287-agreement for the first cover crop project during the term of the lease.
288-
289- (ii) The Department may also require the granting to the State of an
290-appropriate security interest in any equipment, structures or similar items purchased with
291-State money.
292-
293- (7) A cost–sharing agreement executed as required under this subtitle may
294-be assigned and transferred to a successor in title of all or part of a tract of land subject to
295-a best management practice.
296-
297-Article – Business Regulation
298-
299-8–301.
300-
301- (a) Except as otherwise provided in this title, a person must have a contractor
302-license whenever the person acts as a contractor in the State.
303-
304- (b) Except as otherwise provided in this title, a person must have a salesperson
305-license or contractor license whenever the person sells a home improvement in the State.
306-
307- (c) This section does not apply to:
308-
309- (1) an individual who works for a contractor for a salary or wages but who
310-is not a salesperson for the contractor;
311-
312- (2) a clerical employee, retail clerk, or other employee of a licensed
313-contractor who is not a salesperson, as to a transaction on the premises of the licensed
314-contractor;
315-
316- (3) a solicitor for a contractor who calls an owner by telephone only;
317-
318- (4) an architect, electrician, plumber, heating, ventilation,
319-air–conditioning, or refrigeration contractor, or other person who:
320-
321- (i) is required by State or local law to meet standards of competency
322-or experience before engaging in an occupation or profession;
323-
324- (ii) currently is licensed in that occupation or profession under State
325-or local law; and
326-
327- (iii) is:
328-
329- 1. acting only within the scope of that occupation or
330-profession; or Ch. 559 2024 LAWS OF MARYLAND
331-
332-– 8 –
333-
334- 2. installing a central heating or air–conditioning system;
335-
336- (5) a security systems technician licensed under Title 18 of the Business
337-Occupations and Professions Article;
338-
339- (6) a marine contractor licensed under Title 17, Subtitle 3 of the
340-Environment Article; [or]
341-
342- (7) A STREAM RESTORATION CONTRACTOR LICENSED UNDER TITLE
343-18, SUBTITLE 3 OF THE ENVIRONMENT ARTICLE; OR
344-
345- [(7)] (8) a person who is selling a home improvement to be performed by
346-a person described in item (4) of this subsection.
347-
348-Article – Environment
349-
350-1–406.
351-
352- The following units, among other units, are included in the Department:
353-
354- (1) Air Quality Control Advisory Council;
355-
356- (2) Hazardous Substances Advisory Council;
357-
358- (3) Radiation Control Advisory Board;
359-
360- (4) Science and Health Advisory Group;
361-
362- (5) Board of Waterworks and Waste System Operators;
363-
364- (6) Board of Well Drillers;
365-
366- (7) Hazardous Waste Facilities Siting Board;
367-
368- (8) Marine Contractors Licensing Board; [and]
369-
370- (9) Board of On–Site Wastewater Professionals; AND
371-
372- (10) STREAM RESTORATION CONTRACTORS LICENSING BOARD.
373-
374-9–1605.2.
375-
376- (a) (1) There is a Bay Restoration Fund.
377- WES MOORE, Governor Ch. 559
378-
379-– 9 –
380- (2) It is the intent of the General Assembly that the Bay Restoration Fund
381-be:
382-
383- (i) Used, in part, to provide the funding necessary to upgrade any of
384-the wastewater treatment facilities that are located in the State or used by citizens of the
385-State in order to achieve enhanced nutrient removal where it is cost–effective to do so; [and]
386-
387- (ii) Available for treatment facilities discharging into the Atlantic
388-Coastal Bays or other waters of the State, but that priority be given to treatment facilities
389-discharging into the Chesapeake Bay; AND
390-
391- (III) USED TO ACCELERATE TH E RESTORATION OF T HE
392-CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS; AND
393-
394- (III) USED TO ACCELERATE TH E RESTORATION OF THE
395-CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS.
396-
397- (i) (2) Funds in the Bay Restoration Fund shall be used only:
398-
399- (xiii) After funding any eligible costs identified under item (iv)1 and 2
400-of this paragraph, for transfers to the Clean Water Commerce Account in accordance with
401-paragraph (3) of this subsection; [and]
402-
403- (xiv) After funding any eligible costs identified under item (iv)1 and 2
404-of this paragraph, for the transfers required under paragraph (11) of this subsection; AND
405-
406- (XV) TO AFTER FUNDING ANY ELI GIBLE COSTS IDENTIFI ED
407-UNDER ITEM (IV)1 AND 2 OF THIS PARAGRAPH , TO FUND THE WHOLE WATERSHED
408-FUND ESTABLISHED UNDER § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE.
409-
410-9–1605.4.
411-
412- (b) There is a Clean Water Commerce Account.
413-
414- (c) The purpose of the Account is to [purchase]:
415-
416- (1) PURCHASE environmental outcomes in support of the State’s efforts to
417-achieve the Chesapeake Bay TMDL; AND
418-
419- (2) ACCELERATE RESTORATIO N OF THE CHESAPEAKE BAY AND
420-ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS.
421-
422- (f) (1) Subject to the provisions of this subsection, the Account may be used
423-only for the purchase of cost–effective environmental outcomes that:
424- Ch. 559 2024 LAWS OF MARYLAND
425-
426-– 10 –
427- (i) Support the State’s efforts to achieve the Chesapeake Bay
428-TMDL; and
429-
430- (ii) Have an expected life of at least 10 years.
431-
432- (2) Except as provided in paragraph (3) of this subsection, in each fiscal
433-year:
434-
435- (i) At least 35% shall be used to procure environmental outcomes
436-from agricultural practices, with priority given to projects that are:
437-
438- 1. A fixed natural filter practice, as defined in § 8–701 of the
439-Agriculture Article; or
440-
441- 2. An agricultural ditch management practice, as defined by
442-the Chesapeake Bay Program;
443-
444- (ii) At least 20% shall be used to procure environmental outcomes
445-from projects, including stormwater management and green infrastructure projects,
446-established in communities disproportionately burdened by environmental harms and risks
447-as identified by the Department in consultation with the Commission on Environmental
448-Justice and Sustainable Communities; and
449-
450- (iii) At least 10% shall be used to procure environmental outcomes
451-from nonagricultural landscape restoration projects that take into consideration the
452-project’s ecological suitability, including the hydrological conditions and other physical
453-characteristics of the location at which the project will be implemented.
454-
455- (3) Any unencumbered funds not used to purchase environmental
456-outcomes as specified under paragraph (2) of this subsection are:
457-
458- (i) No longer subject to the allocation requirements specified under
459-paragraph (2) of this subsection; and
460-
461- (ii) Available for use consistent with this section in subsequent fiscal
462-years, INCLUDING TO FUND TH E WHOLE WATERSHED FUND ESTABLISHED UNDE R §
463-8–2B–03 OF THE NATURAL RESOURCES ARTICLE.
464-
465- (4) A project may include environmental outcomes from one or more of the
466-project types specified under paragraph (2) of this subsection.
467-
468-TITLE 18. STREAM RESTORATION CONTRACTORS .
469-
470-SUBTITLE 1. DEFINITIONS.
471-
472-18–101. WES MOORE, Governor Ch. 559
473-
474-– 11 –
475-
476- (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS
477-INDICATED.
478-
479- (B) “BOARD” MEANS THE STREAM RESTORATION CONTRACTORS
480-LICENSING BOARD.
481-
482- (C) “ENTITY” MEANS A BUSINESS WIT H ITS PRINCIPAL OFFI CE IN THE
483-STATE THAT EMPLOYS MO RE THAN ONE INDIVIDU AL TO PROVIDE STREAM
484-RESTORATION CONTRACT OR SERVICES IN THE STATE.
485-
486- (D) “LICENSE” MEANS A PROFESSIONAL LICENSE ISSUED BY TH E BOARD TO
487-AN INDIVIDUAL OR ENT ITY TO PERFORM STREA M RESTORATION CONTRA CTOR
488-SERVICES IN THE STATE.
489-
490- (E) “LICENSED STREAM RESTO RATION CONTRACTOR ” MEANS AN
491-INDIVIDUAL OR ENTITY THAT HAS RECEIVED A LICENSE FROM THE BOARD TO
492-PERFORM STREAM RESTO RATION CONTRACTOR SE RVICES.
493-
494- (F) (1) “STREAM RESTORATION CO NTRACTOR SERVICES ” MEANS
495-CONSTRUCTION , DEMOLITION, INSTALLATION, ALTERATION, OR REPAIR, OR
496-SALVAGE ACTIVITIES LOCATED I N, ON, OR UNDER STATE OR PRIVATE STRE AMS OR
497-NONTIDAL WETLANDS WATERWAYS , INCLUDING THE 100–YEAR FLOODPLAIN , WITH
498-THE GOAL OF IMPROVIN G THE IN–STREAM STABILITY , HYDROLOGY , HYDRAULICS,
499-MORPHOLOGY , SUBSTRATE WATER QUAL ITY, OR ECOSYSTEM FUNCTIO N.
500-
501- (2) “STREAM RESTORATION CO NTRACTOR SERVICES ” INCLUDES:
502-
503- (I) IN–STREAM STRUCTURE INS TALLATION;
504-
505- (II) STREAM CHANNEL RELOCA TION;
506-
507- (III) STREAM BANK STABILIZA TION;
508-
509- (IV) INFRASTRUCTURE PROTEC TION;
510-
511- (V) HABITAT CREATION ECOLOGICAL RESTORATIO N,
512-INCLUDING THE INSTAL LATION OF STRUCTURES TO CREATE OR ENHANCE HABITAT ;
513-
514- (VI) FLOOR FLOOD PROTECTION ; AND
515-
516- (VII) (V) STREAM CHANNEL FILLIN G.
517-
518-SUBTITLE 2. STREAM RESTORATION CONTRACTORS LICENSING BOARD. Ch. 559 2024 LAWS OF MARYLAND
519-
520-– 12 –
521-
522-18–201.
523-
524- (A) THERE IS A STREAM RESTORATION CONTRACTORS LICENSING BOARD
525-IN THE DEPARTMENT .
526-
527- (B) SUBJECT TO THE PROVIS IONS OF THIS TITLE , THE BOARD IS
528-RESPONSIBLE FOR THE LICENSING AND REGULA TION OF INDIVIDUALS AND
529-ENTITIES THAT PROVID E STREAM RESTORATION CONTRACTOR SERVICES IN THE
530-STATE.
531-
532-18–202.
533-
534- (A) (1) THE BOARD CONSISTS OF SEV EN NINE MEMBERS APPOINTED BY
535-THE GOVERNOR, WITH THE ADVICE OF T HE SECRETARY AND WITH TH E ADVICE AND
536-CONSENT OF THE SENATE.
537-
538- (2) OF THE SEVEN NINE MEMBERS:
539-
540- (I) ONE SHALL BE EMPLOYED BY THE DEPARTMENT ;
541-
542- (II) ONE SHALL BE EMPLOYED BY THE DEPARTMENT OF
543-NATURAL RESOURCES;
544-
545- (III) THREE SHALL BE LICENS ED STREAM RESTORATIO N
546-CONTRACTORS , EACH REPRESENTING A DIFFERENT COUNTY IN THE STATE AS
547-FOLLOWS:
548-
549- 1. ONE FROM:
550-
551- A. BALTIMORE CITY;
552-
553- B. ANNE ARUNDEL COUNTY;
554-
555- C. BALTIMORE COUNTY;
556-
557- D. CALVERT COUNTY;
558-
559- E. CHARLES COUNTY;
560-
561- F. HARFORD COUNTY;
562-
563- G. PRINCE GEORGE’S COUNTY; OR
564- WES MOORE, Governor Ch. 559
565-
566-– 13 –
567- H. ST. MARY’S COUNTY;
568-
569- 2. ONE FROM:
570-
571- A. ALLEGANY COUNTY;
572-
573- B. CARROLL COUNTY;
574-
575- C. FREDERICK COUNTY;
576-
577- D. GARRETT COUNTY;
578-
579- E. HOWARD COUNTY;
580-
581- F. MONTGOMERY COUNTY; OR
582-
583- G. WASHINGTON COUNTY; AND
584-
585- 3. ONE FROM:
586-
587- A. CAROLINE COUNTY;
588-
589- B. CECIL COUNTY;
590-
591- C. DORCHESTER COUNTY;
592-
593- D. KENT COUNTY;
594-
595- E. QUEEN ANNE’S COUNTY;
596-
597- F. SOMERSET COUNTY;
598-
599- G. TALBOT COUNTY;
600-
601- H. WICOMICO COUNTY; OR
602-
603- I. WORCESTER COUNTY; AND
604-
605- (IV) TWO SHALL BE PRIVATE CITIZENS, APPOINTED AT LARGE ,
606-WHO REPRESENT DIVERS E INTERESTS AND DIFFERENT COUNTI ES IN THE STATE AS
607-FOLLOWS:
608-
609- 1. ONE FROM:
610- Ch. 559 2024 LAWS OF MARYLAND
611-
612-– 14 –
613- A. BALTIMORE CITY;
614-
615- B. ALLEGANY COUNTY;
616-
617- C. ANNE ARUNDEL COUNTY;
618-
619- D. CARROLL COUNTY;
620-
621- E. BALTIMORE COUNTY;
622-
623- F. FREDERICK COUNTY;
624-
625- G. GARRETT COUNTY;
626-
627- H. HARFORD COUNTY;
628-
629- I. HOWARD COUNTY;
630-
631- J. MONTGOMERY COUNTY;
632-
633- K. PRINCE GEORGE’S COUNTY; OR
634-
635- L. WASHINGTON COUNTY; AND
636-
637- 2. ONE FROM:
638-
639- A. CALVERT COUNTY;
640-
641- B. CAROLINE COUNTY;
642-
643- C. CECIL COUNTY;
644-
645- D. CHARLES COUNTY;
646-
647- E. DORCHESTER COUNTY;
648-
649- F. KENT COUNTY;
650-
651- G. QUEEN ANNE’S COUNTY;
652-
653- H. SOMERSET COUNTY;
654-
655- I. ST. MARY’S COUNTY;
656- WES MOORE, Governor Ch. 559
657-
658-– 15 –
659- J. TALBOT COUNTY;
660-
661- K. WICOMICO COUNTY; OR
662-
663- L. WORCESTER COUNTY.; AND
664-
665- (V) TWO SHALL REPRESENT L OCAL GOVERNMENT .
666-
667- (B) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE
668-THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION.
669-
670- (C) (1) THE TERM OF A MEMBER OF THE BOARD IS 3 YEARS.
671-
672- (2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
673-A SUCCESSOR IS APPOI NTED AND QUALIFIES .
674-
675- (3) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
676-ONLY FOR THE REST O F THE TERM AND UNTIL A SUCCESSOR IS APPOI NTED AND
677-QUALIFIES.
678-
679- (D) THE GOVERNOR MAY REMOVE A MEMBER FROM THE BOARD FOR
680-INCOMPETENCE , MISCONDUCT , NEGLECT OF DUTY , OR OTHER SUFFICIENT CAUSE.
681-
682-18–203.
683-
684- (A) EACH YEAR, THE BOARD SHALL ELECT A C HAIR, VICE CHAIR, AND
685-SECRETARY FROM AMONG ITS MEMBERS.
686-
687- (B) THE BOARD SHALL DETERMINE THE MANNER OF THE EL ECTION OF
688-OFFICERS.
689-
690-18–204.
691-
692- (A) THE BOARD SHALL MEET AT L EAST TWICE A YEAR , AT THE TIMES AND
693-PLACES THAT THE BOARD DETERMINES .
694-
695- (B) EACH MEMBER OF THE BOARD IS ENTITLED TO REI MBURSEMENT FOR
696-EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN
697-THE STATE BUDGET .
698-
699- (C) THE BOARD MAY EMPLOY STAF F IN ACCORDANCE WITH THE STATE
700-BUDGET.
701-
702-18–205. Ch. 559 2024 LAWS OF MARYLAND
703-
704-– 16 –
705-
706- (A) THE BOARD MAY:
707-
708- (1) AS NECESSARY, OBTAIN ASSISTANCE FROM THE DEPARTMENT TO
709-CARRY OUT AND ENFORC E THE PROVISIONS OF THIS TITLE; AND
710-
711- (2) MAKE INQUIRIES AND CO NDUCT AN INVESTIGATI ON REGARDING
712-ANY APPLICANT FOR A LICENSE.
713-
714- (B) THE BOARD SHALL:
715-
716- (1) RECOMMEND REGULATIONS FOR ADOPTION BY THE SECRETARY
717-THAT:
718-
719- (I) ESTABLISH LICENSING S TANDARDS FOR STREAM
720-RESTORATION CONTRACT ORS; AND
721-
722- (II) CARRY OUT THE PROVISI ONS OF THIS TITLE;
723-
724- (2) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER
725-THIS TITLE; AND
726-
727- (3) KEEP A CURRENT RECORD OF ALL INDIVIDUALS AND ENTI TIES
728-LICENSED UNDER THIS TITLE, INCLUDING:
729-
730- (I) THE NAMES OF INDIVIDU ALS AND ENTITIES THA T ARE
731-LICENSED;
732-
733- (II) THE ISSUANCE AND EXPI RATION DATES OF THE LICENSES;
734-AND
735-
736- (III) ANY OTHER INFORMATION THAT THE BOARD CONSIDERS
737-APPROPRIATE.
738-
739-18–206.
740-
741- (A) (1) THE BOARD SHALL SET REASO NABLE FEES FOR THE I SSUANCE
742-AND RENEWAL OF LICEN SES AND OTHER SERVIC ES THAT THE BOARD PROVIDES .
743-
744- (2) THE FEES IMPOSED BY T HE BOARD SHALL BE SET SO AS TO
745-PRODUCE FUNDS TO APP ROXIMATE THE COSTS O F MAINTAINING THE BOARD.
746- WES MOORE, Governor Ch. 559
747-
748-– 17 –
749- (B) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS TITLE
750-INTO THE WETLANDS AND WATERWAYS PROGRAM FUND UNDER § 5–203.1 OF THIS
751-ARTICLE FOR THE ADMI NISTRATION OF THE BOARD.
752-
753-SUBTITLE 3. LICENSING.
754-
755-18–301.
756-
757- (A) EXCEPT AS PROVIDE D IN THIS SECTION AN D § 18–306 OF THIS
758-SUBTITLE, A PERSON SHALL BE LI CENSED BY THE BOARD AS A STREAM
759-RESTORATION CONTRACT OR OR BE EMPLOYED BY AN INDIVIDUAL OR ENT ITY THAT
760-IS LICENSED AS A STR EAM RESTORATION CONT RACTOR BEFORE THE PE RSON MAY:
761-
762- (1) PERFORM STREAM RESTORATION C ONTRACTOR SERVICES I N THE
763-STATE; OR
764-
765- (2) SOLICIT TO PERFORM ST REAM RESTORATION CON TRACTOR
766-SERVICES IN THE STATE.
767-
768- (B) AN INDIVIDUAL OR ENTI TY MAY QUALIFY FOR A LICENSE.
769-
770- (C) AN INDIVIDUAL WHO IS EMPLOYED BY AN AGENC Y OF THE FEDERAL
771-GOVERNMENT , A LOCAL GOVERNMENT , OR THE STATE MAY PERFORM STR EAM
772-RESTORATION CONTRACT OR SERVICES WHILE IN THE PERFORMANCE OF T HE
773-DUTIES OF THEIR EMPL OYMENT WITHOUT HAVIN G TO OBTAIN A LICENS E FROM THE
774-BOARD UNDER THIS TITL E.
775-
776- (D) A RESIDENTIAL OR COMME RCIAL PROPERTY OWNER MAY P ERFORM
777-STREAM RESTORATION C ONTRACTOR SERVICES O N THE PROPERTY OWNER ’S OWN
778-PROPERTY WITHOUT HAV ING TO OBTAIN A LICE NSE FROM THE BOARD UNDER THIS
779-TITLE.
780-
781-18–302.
782-
783- (A) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE
784-REQUIREMENTS OF THIS SECTION AND ANY REGULATIONS ADOPTED UNDER THIS
785-SECTION.
786-
787- (B) IF THE APPLICANT IS A N ENTITY, THE ENTITY SHALL APP OINT A
788-MEMBER OF THE ENTITY AS THE REPRESENTATIV E MEMBER TO MAKE THE
789-APPLICATION ON BEHAL F OF THE ENTITY.
790-
791- (C) AN INDIVIDUAL APPLICA NT OR, IF THE APPLICANT IS AN ENTITY, THE
792-REPRESENTATIVE MEMBE R SHALL: Ch. 559 2024 LAWS OF MARYLAND
793-
794-– 18 –
795-
796- (1) HAVE AT LEAST 2 YEARS OF EXPERIENCE AS A FULL–TIME
797-STREAM RESTORATION C ONTRACTOR OR DEMONST RATE SIMILAR CONTRAC TOR
798-EXPERIENCE;
799-
800- (2) PASS A WRITTEN STREAM RESTORATION CONTRACT OR TEST
801-RECOGNIZED BY THE SECRETARY AND PREPARE D IN CONSULTATION WI TH THE
802-BOARD OF THE MARYLAND STREAM RESTORATION ASSOCIATION;
803-
804- (3) BE REGISTERED AND IN GOOD STANDING WITH T HE STATE
805-DEPARTMENT OF ASSESSMENTS AND TAXATION;
806-
807- (4) IF APPLICABLE , HAVE RESOLVED ALL NOTICES OF VIOLA TION
808-FROM THE DEPARTMENT , THE DEPARTMENT OF NATURAL RESOURCES, THE U.S.
809-ARMY CORPS OF ENGINEERS, AND THE U.S. ENVIRONMENTAL PROTECTION
810-AGENCY;
811-
812- (5) HAVE A FEDERAL TAX ID ENTIFICATION NUMBER ; AND
813-
814- (6) CARRY:
815-
816- (I) COMMERCIAL GENERAL LIABILITY INSURANCE WITH A
817-$1,000,000 TOTAL AGGREGATE MINI MUM; AND
818-
819- (II) WORKERS’ COMPENSATION INSURAN CE, UNLESS EXEMPT
820-BY LAW.
821-
822-18–303.
823-
824- (A) (1) TO APPLY FOR A LICENS E, AN APPLICANT SHALL :
825-
826- (I) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM
827-THAT THE BOARD PROVIDES ;
828-
829- (II) SUBMIT THE DOCUMENTS REQUIRED UNDER THIS SECTION;
830-AND
831-
832- (III) PAY TO THE BOARD AN A REQUIRED APPLICATION FEE OF
833-$500 IN AN AMOUNT SET BY THE BOARD.
834-
835- (2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER
836-SHALL COMPLETE THE APPLICA TION FORM AND OTHERW ISE BE RESPONSIBLE F OR
837-THE ENTITY’S COMPLIANCE WITH TH IS SECTION.
838- WES MOORE, Governor Ch. 559
839-
840-– 19 –
841- (B) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE APPLICATION FORM
842-PROVIDED BY THE BOARD SHALL REQUIRE :
843-
844- (I) THE NAME OF THE APPLI CANT;
845-
846- (II) THE ADDRESS OF THE APPLI CANT; AND
847-
848- (III) THE CURRENT AND PREVI OUS EMPLOYMENT OF TH E
849-APPLICANT RELEVANT T O THE FIELD OF STREA M RESTORATION CONTRA CTING.
850-
851- (2) IF THE APPLICANT IS A N ENTITY, THE APPLICATION FORM
852-PROVIDED BY THE BOARD SHALL REQUIRE :
853-
854- (I) A LIST OF THE ENTITY ’S OWNERS; AND
855-
856- (II) FOR EACH ENTITY OWNER , THE SAME INFORMATION
857-REQUIRED REGARDING A N INDIVIDUAL APPLICA NT UNDER PARAGRAPH (1) OF THIS
858-SUBSECTION.
859-
860- (3) FOR ALL APPLICANTS , THE APPLICATION FORM SHALL REQUIRE :
861-
862- (I) THE ADDRESS OF THE APPLICANT ’S PROPOSED PRINCIPAL
863-PLACE OF BUSINESS AN D OF EACH PROPOSED B RANCH OFFICE ;
864-
865- (II) ALL TRADE OR FICTITIO US NAMES THAT THE AP PLICANT
866-INTENDS TO USE WHILE PERFORMING STREAM RE STORATION CONTRACTOR
867-SERVICES; AND
868-
869- (III) AS THE BOARD CONSIDERS APPROPRIATE , ANY OTHER
870-INFORMATION TO ASSIS T IN THE EVALUATION OF:
871-
872- 1. AN INDIVIDUAL APPLICA NT; OR
873-
874- 2. IF THE APPLICANT IS A N ENTITY, ANY ENTITY
875-MEMBER.
876-
877- (C) THE APPLICATION FORM PROVIDED BY THE BOARD SHALL CONTAIN A
878-STATEMENT ADVISING T HE APPLICA NT OF THE PENALTIES PROVIDED UNDER §
879-18–403 OF THIS TITLE FOR A VIOLATION OF THIS TI TLE.
880-
881- (D) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE INDIVIDUAL SHALL
882-SIGN THE APPLICATION FORM UNDER OATH .
883- Ch. 559 2024 LAWS OF MARYLAND
884-
885-– 20 –
886- (2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE MEMBER
887-OF THE ENTITY SHALL :
888-
889- (I) SIGN THE APPLICATION FORM UNDER OATH ; AND
890-
891- (II) PROVIDE PROOF TO THE BOARD THAT THE
892-REPRESENTATIVE MEMBE R IS A MEMBER OF THE ENTITY.
893-
894- (E) AN APPLICANT FOR A LI CENSE SHALL SUBMIT W ITH THE APPLICATION
895-PROOF OF THE INSU RANCE REQUIRED UNDER § 18–302(C)(6) OF THIS SUBTITLE.
896-
897-18–304.
898-
899- THE BOARD MAY NOT ISSUE A LICENSE TO AN APPLIC ANT WHOSE TRADE OR
900-FICTITIOUS NAME OR T RADEMARK IS SO SIMIL AR TO THAT USED BY A NOTHER
901-LICENSEE THAT THE PU BLIC MAY BE CONFUSED OR MISLED BY THE S IMILARITY.
902-
903-18–305.
904-
905- (A) THE BOARD SHALL ISSUE A L ICENSE THAT IS VALID FOR 2 YEARS TO ANY
906-APPLICANT WHO MEETS THE REQUIREMENTS OF THIS TITLE AND ANY R EGULATION
907-ADOPTED UNDER THIS T ITLE.
908-
909- (B) THE BOARD SHALL INCLUDE O N EACH LICENSE THAT THE BOARD
910-ISSUES:
911-
912- (1) THE FULL NAME OF THE LICENSEE;
913-
914- (2) THE LICENSE NUMBER ;
915-
916- (3) THE LOCATION OF THE P RINCIPAL OFFICE AND OF EACH BRANCH
917-OFFICE IF THE LICENS EE IS AN ENTITY;
918-
919- (4) THE DATE OF ISSUANCE OF THE LICENSE;
920-
921- (5) THE DATE ON WHICH THE LICENSE EXPIRES ; AND
922-
923- (6) THE NAME OF THE REPRE SENTATIVE MEMBER IF THE LICENSEE
924-IS AN ENTITY.
925-
926-18–306.
927-
928- WHILE A LICENSE TO AN ENTITY IS IN EFFECT, THE LICENSE AUTHORIZ ES THE
929-ENTITY TO: WES MOORE, Governor Ch. 559
930-
931-– 21 –
932-
933- (1) EMPLOY AS STREAM REST ORATION CONTRACTORS INDIVIDUALS
934-WHO ARE NOT LICENSED STREAM RESTORATION C ONTRACTORS TO PROVID E
935-STREAM RESTORATION C ONTRACTOR SERVICES T O THE PUBLIC ON BEHA LF OF THE
936-LICENSEE; AND
937-
938- (2) REPRESENT ITSELF TO T HE PUBLIC AS A LICEN SED STREAM
939-RESTORATION CONTRACT OR ENTITY.
940-
941-18–307.
942-
943- A LICENSED STREAM REST ORATION CONTRACTOR SHALL :
944-
945- (1) INCLUDE THE CONTRACTO R’S STREAM RESTORATION
946-CONTRACTOR LICENSE N UMBER IN ALL ADVERTI SING RELATED TO THE PROVISION
947-OF STREAM RESTORATIO N CONTRACTOR SERVICE S; AND
948-
949- (2) PROMINENTLY DISPLAY T HE CONTRACTOR ’S STREAM
950-RESTORATION CONTRACTOR LICENSE N UMBER ON ALL LARGE E QUIPMENT USED IN
951-THE COURSE OF THE LI CENSEE’S WORK AS A STREAM R ESTORATION CONTRACTO R.
952-
953-18–308.
954-
955- (A) THE SECRETARY SHALL ADOPT REGULATIONS TO STAGG ER THE TERMS
956-OF THE LICENSES .
957-
958- (B) A LICENSE EXPIRES ON T HE DATE THE SECRETARY SETS , IN
959-ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION.
960-
961- (C) AT LEAST 2 MONTHS BEFORE A LICE NSE EXPIRES, THE BOARD SHALL
962-SEND TO THE LICENSEE , BY FIRST–CLASS MAIL OR AND ELECTRONICALLY , TO THE
963-LAST KNOWN ADDRESS O F THE LICENSEE:
964-
965- (1) A RENEWAL APPLICATION FO RM; AND
966-
967- (2) A NOTICE THAT STATES :
968-
969- (I) THE DATE ON WHICH THE CURRENT LICENSE EXPI RES;
970-
971- (II) THE DATE BY WHICH THE BOARD MUST RECEIVE TH E
972-RENEWAL APPLICATION FOR THE RENEWAL TO B E ISSUED AND MAILED BEFORE THE
973-LICENSE EXPIRES ; AND
974-
975- (III) THE AMOUNT OF THE REN EWAL FEE. Ch. 559 2024 LAWS OF MARYLAND
976-
977-– 22 –
978-
979- (D) BEFORE A LICENSE EXPI RES, THE LICENSEE MAY REN EW THE LICENSE
980-FOR AN ADDITIONAL 2–YEAR TERM IF THE LIC ENSEE:
981-
982- (1) IS OTHERWISE ENTITLED TO BE LICENSED;
983-
984- (2) PAYS TO THE BOARD:
985-
986- (I) THE REQUIRED RENEWAL FEE SET BY T HE BOARD; AND
987-
988- (II) ANY OUTSTANDING FEES ; AND
989-
990- (3) SUBMITS TO THE BOARD:
991-
992- (I) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE
993-CONTINUING EDUCATION REQUIREMENTS ESTABLI SHED UNDER SUBSECTIO N (E) OF
994-THIS SECTION;
995-
996- (II) SATISFACTORY EVIDENCE OF COMPLIAN CE WITH THE
997-INSURANCE REQUIREMEN TS ESTABLISHED UNDER § 18–302(C)(6) OF THIS
998-SUBTITLE;
999-
1000- (III) SATISFACTORY EVIDENCE OF THE RESOLUTION OF ANY
1001-LICENSE VIOLATIONS , SUSPENSIONS, DENIALS, REVOCATIONS , OR OTHER BOARD
1002-ACTIONS TAKEN UNDER THIS TITLE; AND
1003-
1004- (IV) A RENEWAL APPLICATION ON THE FORM THAT THE BOARD
1005-PROVIDES.
1006-
1007- (E) (1) A LICENSEE SHALL COMPL ETE 12 HOURS OF CONTINUING
1008-EDUCATION INSTRUCTIO N COVERING STREAM RE STORATION CONTRACTOR
1009-SUBJECT MATTER APPRO VED BY THE BOARD.
1010-
1011- (2) (I) THE BOARD SHALL APPROVE T HE SUBSTANCE AND FOR M
1012-OF A CONTINUING EDUC ATION COURSE IF THE COURSE IS:
1013-
1014- 1. OFFERED BY A QUALIFIE D INSTRUCTOR ; OR
1015-
1016- 2. CONDUCTED BY AN EDUCA TIONAL INSTITUTION
1017-APPROVED BY THE BOARD.
1018-
1019- (II) THE LICENSEE IS RESPO NSIBLE FOR THE COST OF ANY
1020-CONTINUING EDUCATION COURSE.
1021- WES MOORE, Governor Ch. 559
1022-
1023-– 23 –
1024- (F) THE BOARD SHALL RENEW THE LICENSE OF EACH LICE NSEE THAT
1025-MEETS THE REQUIREMEN TS OF THIS SECTION .
1026-
1027-18–309.
1028-
1029- WITHIN 5 DAYS AFTER THE CHANG E, A LICENSEE SHALL SUB MIT TO THE
1030-BOARD WRITTEN NOTICE OF:
1031-
1032- (1) ANY CHANGE IN THE ADDRES S OR TELEPHONE NUMBE R OF AN
1033-EXISTING OFFICE OR P RINCIPAL PLACE OF BU SINESS; AND
1034-
1035- (2) IF THE LICENSEE IS AN ENTITY, THE ADDITION OF A BR ANCH
1036-OFFICE.
1037-
1038-18–310.
1039-
1040- (A) EXCEPT AS OTHERWISE P ROVIDED IN § 10–226 OF THE STATE
1041-GOVERNMENT ARTICLE, AND SUBJECT TO THE N OTICE AND HEARING
1042-REQUIREMENTS IN SUBS ECTION (C) OF THIS SECTION , THE BOARD MAY DENY ,
1043-REFUSE TO RENEW , SUSPEND, OR REVOKE A LICENSE IF THE APPLICANT OR
1044-LICENSEE:
1045-
1046- (1) VIOLATES ANY PROVISIO N OF THIS TITLE OR A NY REGULATION
1047-ADOPTED UNDER THIS TITLE ;
1048-
1049- (2) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO
1050-OBTAIN A LICENSE FOR THE APPLICANT , LICENSEE, OR ANOTHER PERSON ;
1051-
1052- (3) FRAUDULENTLY OR DECEP TIVELY USES A LICENS E;
1053-
1054- (4) COMMITS ANY GROSS NEG LIGENCE, INCOMPETENCE , OR
1055-MISCONDUCT WHILE PRACTICING STR EAM RESTORATION CONT RACTOR SERVICES ;
1056-OR
1057-
1058- (5) IN THE CRITICAL AREA, AS DEFINED UNDER § 8–1802 OF THE
1059-NATURAL RESOURCES ARTICLE, FAILS TO COMPLY WITH :
1060-
1061- (I) THE TERMS OF A STATE OR LOCAL PERMIT , LICENSE, OR
1062-APPROVAL; OR
1063-
1064- (II) ANY STATE OR LOCAL LAW , AN APPROVED PLAN , OR OTHER
1065-LEGAL REQUIREMENT .
1066- Ch. 559 2024 LAWS OF MARYLAND
1067-
1068-– 24 –
1069- (B) THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND
1070-ATLANTIC COASTAL BAYS, ESTABLISHED UNDER TITLE 8, SUBTITLE 18 OF THE
1071-NATURAL RESOURCES ARTICLE, SHALL NOTIFY THE BOARD OF ANY LICENSED
1072-STREAM RESTORATION C ONTRACTOR OR APPLICA NT FOR A LICENSE THA T FAILS TO
1073-COMPLY WITH ANY REQU IREMENT UNDER SUBSEC TION (A)(5) OF THIS SECTION.
1074-
1075- (C) (1) BEFORE THE BOARD TAKES ANY FINAL ACTION UNDER
1076-SUBSECTION (A) OF THIS SECTION , THE BOARD SHALL GIVE THE APPLICANT O R
1077-LICENSEE AGAINST WHO M THE ACTION IS CONT EMPLATED NOTICE AND THE
1078-OPPORTUNITY FOR A HE ARING BEFORE THE BOARD.
1079-
1080- (2) THE BOARD SHALL PROVIDE N OTICE AND HOLD A HEA RING IN
1081-ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.
1082-
1083- (3) AT LEAST 30 DAYS BEFORE THE HEAR ING, THE HEARING NOTICE
1084-SHALL BE:
1085-
1086- (I) SERVED PERSONALLY ON THE INDIVIDUAL ; OR
1087-
1088- (II) SENT BY CERTIFIED MAI L, RETURN RECEIPT REQUE STED,
1089-BEARING A POSTMARK F ROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN
1090-ADDRESS OF THE INDIV IDUAL OR ENTITY.
1091-
1092- (4) IF, AFTER DUE NOTICE , THE APPLICANT OR LIC ENSEE AGAINST
1093-WHOM THE ACTION IS C ONTEMPLATED FAILS OR REFUSES TO APPEAR , THE BOARD
1094-MAY HEAR AND DETERMI NE THE MATTER .
1095-
1096- (D) EXCEPT AS PROVIDED UN DER SUBSECTION (C) OF THIS SECTION , ANY
1097-PERSON AG GRIEVED BY A FINAL D ECISION OF THE BOARD MAY TAKE AN APP EAL AS
1098-AUTHORIZED UNDER §§ 10–222 AND 10–223 OF THE STATE GOVERNMENT ARTICLE.
1099-
1100- (E) FOR PURPOSES OF THIS SECTION, AN ACT OR OMISSION O F ANY
1101-PRINCIPAL, AGENT, OR EMPLOYEE OF AN AP PLICANT OR LICENSEE MAY BE
1102-CONSTRUED TO BE THE ACT OR OMISSION OF T HE APPLICANT OR LICE NSEE, AS
1103-WELL AS OF THE PRINC IPAL, AGENT, OR EMPLOYEE .
1104-
1105-18–311.
1106-
1107- (A) ON BECOMING AWARE OF A VIOLATION BY A LIC ENSEE UNDER THIS
1108-TITLE, THE DEPARTMENT SHALL PROV IDE NOTICE OF THE VI OLATION TO THE
1109-LICENSEE BY CERTIFIE D MAIL, RETURN RECEIPT REQUE STED, BEARING A
1110-POSTMARK FROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN AD DRESS OF THE
1111-INDIVIDUAL OR ENTITY . WES MOORE, Governor Ch. 559
1112-
1113-– 25 –
1114-
1115- (B) A LICENSE ISSUED UNDER THIS TITLE IS VOIDED IF:
1116-
1117- (1) THERE IS A LAPSE OF T HE INSURANCE REQUIRE D UNDER §
1118-18–302(C)(6) OF THIS SUBTITLE; OR
1119-
1120- (2) THE DEPARTMENT ISSUES THR EE NOTICES OF VIOLAT ION TO THE
1121-LICENSEE IN ACCORDAN CE WITH SUBSECTION (A) OF THIS SECTION.
1122-
1123-SUBTITLE 4. PROHIBITED ACTS; PENALTIES.
1124-
1125-18–401.
1126-
1127- EXCEPT AS PROVIDED IN §§ 18–301 AND 18–306 OF THIS TITLE , AN
1128-INDIVIDUAL OR ENTITY MAY NOT CONDUCT , ATTEMPT TO CONDUCT , OR OFFER TO
1129-CONDUCT ANY STREAM R ESTORATION CONTRACTO R SERVICES UNLESS TH E
1130-INDIVIDUAL OR ENTITY IS LICENSED BY THE BOARD TO PERF ORM THE SERVICES .
1131-
1132-18–402.
1133-
1134- UNLESS AUTHORIZED TO PERFORM STREAM RESTO RATION CONTRACTOR
1135-SERVICES UNDER THIS TITLE, AN INDIVIDUAL OR ENT ITY MAY NOT REPRESEN T TO
1136-THE PUBLIC BY TITLE , BY DESCRIPTION OF SE RVICES, METHODS, OR PROCEDURES ,
1137-OR OTHERWISE , THAT THE INDIVIDUAL OR ENTITY IS AUTHORIZED TO PER FORM
1138-STREAM RESTORATION C ONTRACTOR SERVICES I N THE STATE.
1139-
1140-18–403.
1141-
1142- (A) (1) (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A
1143-PERSON THAT VIOLATES ANY PROVISION OF THI S TITLE OR ANY REGUL ATION
1144-ADOPTED UNDER THIS TITLE IS SUBJECT TO AN ADMINISTRATIVE PE NALTY NOT
1145-EXCEEDING $10,000 FOR EACH VIOLATION .
1146-
1147- (II) IN DETERMINING THE AM OUNT OF THE PENALTY UNDER
1148-THIS PARAGRAPH , THE BOARD SHALL CONSIDER :
1149-
1150- 1. THE SERIOUSNESS OF TH E VIOLATION;
1151-
1152- 2. THE HARM CAUSED BY THE VIOLATION;
1153-
1154- 3. THE GOOD FAITH OF THE LICENSEE; AND
1155-
1156- 4. WHETHER THE LICENSEE HAS A HISTORY OF
1157-PREVIOUS VIOLATIONS : Ch. 559 2024 LAWS OF MARYLAND
1158-
1159-– 26 –
1160-
1161- (I) $500 FOR A FIRST VIOLATIO N;
1162-
1163- (II) $1,000 FOR A SECOND VIOLATI ON; AND
1164-
1165- (III) $5,000 FOR A THIRD OR SUBSE QUENT VIOLATION.
1166-
1167- (2) THE SUM OF ADMINISTRA TIVE PENALTIES IMPOS ED ON A PERSON
1168-UNDER THIS SECTION M AY NOT EXCEED $25,000.
1169-
1170- (3) (2) EACH DAY THAT A PERSO N CONDUCTS STREAM
1171-RESTORATION CONTRACT OR SERVICES WITHOUT A LICENSE CONSTITUTE S A
1172-SEPARATE OFFENSE .
1173-
1174- (B) ANY PENALTIES COLLECT ED UNDER THIS SECTIO N SHALL BE PAID INTO
1175-THE WETLANDS AND WATERWAYS PROGRAM FUND, ESTABLISHED UNDER § 5–203.1
1176-OF THIS ARTICLE, TO BE USED FOR THE A DMINISTRATION OF THE BOARD.
1177-
1178- (C) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL ADOPT
1179-REGULATIONS TO CARRY OUT THIS SECTION .
1180-
1181-SUBTITLE 5. STREAM AND FLOODPLAIN RESTORATION PROJECTS.
1182-
1183-18–501.
1184-
1185- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
1186-INDICATED.
1187-
1188- (2) “LIMIT OF CLEARING ” MEANS THE BOUNDARIES WITHIN WHICH
1189-PLANNED C UTTING, CLEARING, OR GRUBBING OF VEGET ATION ASSOCIATED WIT H
1190-STREAM RESTORATION C ONTRACTOR SERVICES W ILL OCCUR.
1191-
1192- (3) “LIMIT OF DISTURBANCE ” MEANS THE BOUNDARY W ITHIN WHICH
1193-ADDITIONAL CONSTRUCT ION, MATERIALS AND EQUIPM ENT STORAGE , GRADING,
1194-LANDSCAPING , AND RELATED ACTIVITIES M AY OCCUR.
1195-
1196- (4) “PROJECT APPLICANT ” MEANS AN INDIVIDUAL OR ENTITY
1197-LICENSED UNDER SUBTITLE 3 OF THIS TITLE , OR AUTHORIZED TO PER FORM
1198-STREAM RESTORATION C ONTRACTOR SERVICES U NDER § 18–301 OF THIS TITLE.
1199-
1200- (5) “STREAM RESTORATION CO NTRACTOR SERVICES ” HAS THE
1201-MEANING STATED IN § 18–101 OF THIS TITLE.
1202- WES MOORE, Governor Ch. 559
1203-
1204-– 27 –
1205- (B) A PROJECT APPLICANT SE EKING AN AUTHORIZATI ON FOR A STREAM
1206-AND FLOODPLAIN RESTO RATION PROJECT IN TH E STATE SHALL BE SUBJEC T TO THE
1207-REQUIREMENTS OF THIS SECTION.
1208-
1209- (C) (1) A PROJECT APPLICANT SHALL PROV IDE PUBLIC NOTICE AT 30%
1210-DESIGN COMPLETION , INCLUDING:
1211-
1212- (I) MAILING WRITTEN NOTIC E TO ANY RESIDENCE O R
1213-BUSINESS WITHIN A RA DIUS OF 200 FEET OF THE PROPOSED PROJECT AREA ’S
1214-BOUNDARY; AND
1215-
1216- (II) POSTING NOTICE AT POI NTS OF PUBLIC ACCE SS TO THE
1217-PROJECT.
1218-
1219- (2) THE PUBLIC NOTICE REQ UIRED UNDER THIS SUB SECTION SHALL
1220-INCLUDE:
1221-
1222- (I) INFORMATION ON THE PR OJECT APPLICANT APPL YING FOR
1223-PROJECT AUTHORIZATIO N, INCLUDING CONTACT IN FORMATION FOR THE
1224-APPLICANT;
1225-
1226- (II) THE PURPOSE OF THE PR OJECT; AND
1227-
1228- (III) IF APPLICABLE , INFORMATION ABOUT TH E PUBLIC
1229-MEETING UNDER SUBSEC TION (D) OF THIS SECTION.
1230-
1231- (D) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF:
1232-
1233- (I) THE PROJECT APPLICANT IS AN INDIVIDUAL;
1234-
1235- (II) THE PROPOSED PROJECT IS SITED ON THE INDIVIDUAL ’S
1236-PROPERTY; AND
1237-
1238- (III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S
1239-RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE
1240-PROJECT BOUNDARY .
1241-
1242- (2) A PROJECT APPLICANT SH ALL:
1243-
1244- (I) HOLD AN IN–PERSON PUBLIC MEETIN G THAT INCLUDES AN
1245-OPTION FOR VIRTUAL A TTENDANCE ;
1246-
1247- (II) TAKE MEETING MINUTES AND RECORD THE MEETI NG;
1248- Ch. 559 2024 LAWS OF MARYLAND
1249-
1250-– 28 –
1251- (III) PRESENT:
1252-
1253- 1. THE PROJECT DESIGN RE PORT AND PLANS ;
1254-
1255- 2. A FOREST STAND DELINEA TION;
1256-
1257- 3. THE DEPARTMENT ’S STREAM RESTORATION
1258-AUTHORIZATION CHECKLIST; AND
1259-
1260- 3. 4. A SEPARATE SHEET WITH THE DESIGN DRAWINGS
1261-CLEARLY IDENTIFYING :
1262-
1263- A. THE LIMIT OF CLEARING , IF ANY; AND
1264-
1265- B. THE LIMIT OF DISTURBA NCE; AND
1266-
1267- (IV) POST THE DOCUMENTS AN D MEETING MINUTES ON THE
1268-PROJECT APPLICANT ’S WEBSITE.
1269-
1270- (3) A PROJECT APPLICANT SH ALL HOLD THE PUBLIC MEETING
1271-REQUIRED UNDER THIS SUBSECTION WHEN THE PROJECT DESIGN IS 60%
1272-COMPLETE.
1273-
1274- (E) A PROJECT APPLICANT SH ALL SUBMIT TO THE DEPARTMENT ALL
1275-RELEVANT DOCUMENTS A S PART OF THE APPLIC ATION AND REVIEW PRO CESS,
1276-INCLUDING:
1277-
1278- (1) THE PROJECT DESIGN RE PORT AND DRAWINGS , INCLUDING A
1279-SHEET CLEARLY IDENTI FYING:
1280-
1281- (I) THE LIMIT OF CLEARING , IF ANY; AND
1282-
1283- (II) THE LIMIT OF DISTURBA NCE;
1284-
1285- (2) THE FOREST STAND DELI NEATION;
1286-
1287- (3) RESPONSES TO THE DEPARTMENT ’S STREAM RESTORATION
1288-CHECKLIST GUIDANCE D OCUMENT STREAM RESTORATION AUTHORIZATION
1289-CHECKLIST;
1290-
1291- (4) THE MEETING MINUTES A ND, IF FEASIBLE, THE RECORDING FROM
1292-THE PUBLIC MEETING C ONDUCTED IN ACCORDAN CE WITH SUBSECTION (D) OF THIS
1293-SECTION; AND
1294- WES MOORE, Governor Ch. 559
1295-
1296-– 29 –
1297- (5) ANY OTHER DOCUMENTS OR INFORMA TION REQUESTED BY TH E
1298-DEPARTMENT .
1299-
1300- (F) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF:
1301-
1302- (I) THE PROJECT APPLICANT IS AN INDIVIDUAL;
1303-
1304- (II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S
1305-PROPERTY; AND
1306-
1307- (III) NO RESIDE NCE, OTHER THAN THE INDIV IDUAL’S
1308-RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE
1309-PROJECT BOUNDARY .
1310-
1311- (2) WITHIN 24 HOURS AFTER SUBMITTI NG AN APPLICATION TO THE
1312-DEPARTMENT , A PROJECT APPLICANT SHALL POST ON ITS WE BSITE:
1313-
1314- (1) (I) NOTICE THAT IT HAS SU BMITTED AN APPLICATI ON; AND
1315-
1316- (2) (II) THE DATE OF SUBMISSIO N OF THE APPLICATION .
1317-
1318-18–502.
1319-
1320- (A) THE DEPARTMENT MAY AUTHOR IZE A STREAM AND FLO ODPLAIN
1321-RESTORATION PROJECT IN ACCORDANCE WITH T HIS SECTION.
1322-
1323- (B) PRIOR TO THE AUTHORIZ ATION OF ANY STREAM AND FLOODPLAIN
1324-RESTORATION PROJECT IN THE STATE, THE DEPARTMENT SHALL :
1325-
1326- (1) ASSESS DOCUMENTATION SUBMITTED BY THE PRO JECT
1327-APPLICANT FOR DEGRAD ATION CRITERIA RELAT ED TO:
1328-
1329- (I) AN EXISTING BIOLOGICA L FUNCTION–BASED PARAMETER ;
1330-AND
1331-
1332- (II) A PHYSICAL PARAMETER , INCLUDING AN EXISTIN G
1333-GEOMORPHOLOGIC OR HY DRAULIC FUNCTION –BASED PARAMETER ;
1334-
1335- (2) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED THE
1336-FOLLOWING COBENEFITS , AS APPROPRIATE , INTO THE APPLICATION :
1337-
1338- (I) THE CREATION OR RESTO RATION OF WILDLIFE H ABITAT,
1339-RIPARIAN BUFFERS , AND WETLAND RESTORAT ION;
1340- Ch. 559 2024 LAWS OF MARYLAND
1341-
1342-– 30 –
1343- (II) THE RESTORATION OF AQ UATIC RESOURCES , SUCH AS
1344-FRESHWATER MUSSELS , FISH PASSAGE, OR OYSTER REEFS ;
1345-
1346- (III) CARBON SEQUESTRATION ;
1347-
1348- (IV) CLIMATE CHANGE MITIGA TION, ADAPTATION, OR
1349-RESILIENCE;
1350-
1351- (V) IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND
1352-
1353- (VI) RECREATIONAL OPPORTUN ITIES AND PUBLIC ACC ESS TO
1354-WATERWAYS AND NATURA L HABITATS;
1355-
1356- (3) ASSESS DOCUMENTATION OF COMMUNITY NOTIFIC ATIONS
1357-CONDUCTED BY THE PROJECT APPLICANT PRIOR TO T HE SUBMISSION OF THE
1358-APPLICATION;
1359-
1360- (4) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED, TO
1361-THE EXTENT PRACTICAB LE, RECOGNIZED BEST MANA GEMENT PRACTICES TO :
1362-
1363- (I) MAXIMIZE ECOLOGICAL U PLIFT;
1364-
1365- (II) MINIMIZE:
1366-
1367- 1. IMPACTS TO WILDLIFE H ABITATS;
1368-
1369- 2. TREE LOSS AND REMOVAL ;
1370-
1371- 3. EARTH DISTURBANCE ; AND
1372-
1373- 4. DISTURBANCE TO NATIVE VEGETATION;
1374-
1375- (III) AVOID IMPACTS TO :
1376-
1377- 1. LARGE NONINVASIVE NAT IVE PLANT COMMUNITIE S;
1378-AND
1379-
1380- 2. SPECIMEN TREES ;
1381-
1382- (IV) USE EXISTING AREAS SU ITABLE FOR MATERIAL STAGING
1383-AREAS TO AVOID FORES T REMOVAL;
1384-
1385- (V) LIMIT CONSTRUCTION AC CESS ROAD WIDTHS ;
1386- WES MOORE, Governor Ch. 559
1387-
1388-– 31 –
1389- (VI) LIMIT THE IMPACTS OF INGRESS AND EGRESS P OINTS TO
1390-MINIMIZE FOREST IMPA CTS; AND
1391-
1392- (VII) WHERE APPROPRIATE , PRIORITIZE THE REMOVAL O F
1393-NONNATIVE AND INVASI VE:
1394-
1395- 1. TREES; AND
1396-
1397- 2. VEGETATION; AND
1398-
1399- (5) ESTABLISH A PLAN TO P ROVIDE FOR AT LEAST 5 YEARS OF
1400-MONITORING IN ACCORD ANCE WITH SUBSECTION (D) OF THIS SECTION.
1401-
1402- (C) THE DEPARTMENT ’S ASSESSMENT REVIEW REQUIRED UNDER
1403-SUBSECTION (B)(3) OF THIS SECTION SHAL L INCLUDE:
1404-
1405- (1) WHETHER THE PROJECT A PPLICANT PROVIDED NO TICE AS
1406-REQUIRED IN § 18–501 OF THIS SUBTITLE;
1407-
1408- (2) WHETHER THE PROJECT A PPLICANT CONDUCTED C OMMUNITY
1409-MEETINGS WITHIN THE COMMUNITY IMPACTED B Y THE PROJECT A PUBL IC MEETING
1410-AS REQUIRED IN § 18–501(D) OF THIS SUBTITLE ;
1411-
1412- (3) WHETHER THE PROJECT A PPLICANT PLACED APPR OPRIATE
1413-PROJECT SIGNAGE ;
1414-
1415- (4) WHETHER THE PROJECT APPLICAN T CONSIDERED THE
1416-PROJECT’S COMPATIBILITY WITH LOCAL LAND USE , ESPECIALLY IN URBAN ,
1417-SUBURBAN, AND OTHER HIGH –VISIBILITY AREAS;
1418-
1419- (5) WHETHER AND HOW THE P ROJECT APPLICANT CON SIDERED AND
1420-RESPONDED TO RELEVAN T PUBLIC INPUT , INCLUDING ANY RESULTING
1421-MODIFICATIONS TO THE PROJECT; AND
1422-
1423- (6) HOW THE PROJECT APPLI CANT CONSIDERED PUBL IC INPUT IN
1424-THE FINAL APPLICATIO N DESIGN.
1425-
1426- (D) (1) ON COMPLETION OF A ST REAM AND FLOODPLAIN RESTORATION
1427-PROJECT, THE DEPARTMENT SHALL PROV IDE FOR AT LEAST 5 YEARS OF
1428-MONITORING PER THE D ESIGN AND PERMIT ASS OCIATED WITH THE DES IGN FOR
1429-EACH AUTHORIZED PROJ ECT.
1430- Ch. 559 2024 LAWS OF MARYLAND
1431-
1432-– 32 –
1433- (2) THE MONITORING REQUIR ED UNDER THIS SUBSEC TION SHALL
1434-INCLUDE AN ASSESSMEN T OF STREAM STABILIT Y, STREAM AND FLOODPLAI N
1435-FUNCTION, AND VEGETATION VIABI LITY WITHIN THE AFFECTE D PROJECT AREA .
1436-
1437-18–503.
1438-
1439- ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER ,
1440-THE DEPARTMENT SHALL REPO RT TO THE SENATE COMMITTEE ON EDUCATION,
1441-ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND
1442-TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE
1443-GOVERNMENT ARTICLE, ON ANY CHANGES MADE TO THE STREAM RESTORATION
1444-AUTHORIZATION CHECKLIST SINCE DECEMBER 1, 2023.
1445-
1446-SUBTITLE 5. 6. TERMINATION OF TITLE SUBTITLES.
1447-
1448-18–501. 18–601.
1449-
1450- SUBJECT TO THE EVALUA TION AND REESTABLISHMENT PROV ISIONS OF THE
1451-MARYLAND PROGRAM EVALUATION ACT, THIS SUBTITLE AND SUBTITLES 1
1452-THROUGH 4 OF THIS TITLE AND ALL R EGULATIONS ADOPTED U NDER THIS SUBTITLE
1453-AND SUBTITLES 1 THROUGH 4 OF THIS TITLE SHALL TER MINATE AND BE OF NO
1454-EFFECT AFTER JULY 1, 2033 JUNE 30, 2029.
1455-
1456-Article – Natural Resources
1457-
1458-8–2A–02.
1459-
1460- (a) There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund.
1461-
1462- (b) The purpose of the Fund is to provide financial assistance necessary to
1463-advance Maryland’s progress in meeting the goals established in the 2014 Chesapeake Bay
1464-Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries,
1465-including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and
1466-their tributaries, by focusing limited financial resources on nonpoint source pollution
1467-control projects in all regions of the State.
1468-
1469- (f) (5) IN EACH FISCAL YEAR F ROM 2026 THROUGH 2030, INCLUSIVE, UP
1470-TO $100,000 FROM THE FUND SHALL BE USED TO FUND THE OPERATIONS GRANTS
1471-UNDER § 8–2B–02(G)(3) OF THIS TITLE AT A R ATE OF $20,000 PER GRANT
1472-RECIPIENT PROJECT SPONSOR EACH FISCAL YEAR .
1473-
1474-SUBTITLE 2B. WHOLE WATERSHED RESTORATION PARTNERSHIP AND FUND.
1475-
1476-8–2B–01. WES MOORE, Governor Ch. 559
1477-
1478-– 33 –
1479-
1480- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
1481-INDICATED.
1482-
1483- (B) (1) “ACTION” MEANS THE INSTALLATI ON, RESTORATION , OR
1484-ENHANCEMENT OF :
1485-
1486- (I) A NATURAL FEATURE ;
1487-
1488- (II) AN ACTIVITY RELATED T O THE FORM AND FUNCT ION OF A
1489-NATURAL FEATURE ; OR
1490-
1491- (III) LAND CONSERVATION MEA SURES.
1492-
1493- (2) “ACTION” INCLUDES THE PLANNIN G, DESIGN, ENGINEERING ,
1494-DRAFTING OF LEGAL IN STRUMENTS , AND MAINTENANCE NECE SSARY TO ESTABLISH
1495-A NATURAL FEATURE , AN ACTIVITY RELATED TO THE FORM AND FUNC TION OF A
1496-NATURAL FEATURE , OR LAND CONSERVATION MEASURES.
1497-
1498- (C) “FUND” MEANS THE WHOLE WATERSHED FUND.
1499-
1500- (D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701
1501-OF THE ENVIRONMENT ARTICLE.
1502-
1503- (E) “PARTNERSHIP” MEANS THE WHOLE WATERSHED RESTORATION
1504-PARTNERSHIP.
1505-
1506- (F) “PROJECT” MEANS A COLLECTION O F RESTORATION AND
1507-CONSERVATION ACTIONS COORDINATED BY MULTI PLE ENTITIES TO IMPR OVE
1508-SHALLOW WATER HABITA T.
1509-
1510- (G) “PROJECT SPONSOR ” MEANS THE ENTITY RES PONSIBLE FOR
1511-ADMINISTERING A PROJ ECT, INCLUDING ACCOUNTING FOR FUNDS, COORDINATING
1512-PARTNERS AND ACTIONS , AND REPORTING OUTCOM ES.
1513-
1514- (H) (1) “SHALLOW WATER HABITAT ” MEANS THE PORTION OF THE
1515-CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR TRIBUT ARIES FOR WHICH
1516-THE STATE HAS ADOPTED WAT ER QUALITY CRITERIA TO SUPPORT SUBMERGED
1517-AQUATIC VEGETATION .
1518-
1519- (2) “SHALLOW WATER HABITAT ” INCLUDES THE SUSQUEHANNA
1520-RIVER AND ITS TRIBUTA RIES WITHIN THE STATE.
1521- Ch. 559 2024 LAWS OF MARYLAND
1522-
1523-– 34 –
1524- (I) “STATE MANAGEMENT TEAM ” MEANS THE REPRESENTA TIVES
1525-DESIGNATED TO ADMINI STER THE PARTNERSHIP.
1526-
1527- (J) “UNDERSERVED COMMUNITY ” HAS THE MEANING STATED IN § 1–701 OF
1528-THE ENVIRONMENT ARTICLE.
1529-
1530-8–2B–02.
1531-
1532- (A) THERE IS A WHOLE WATERSHED RESTORATION PARTNERSHIP.
1533-
1534- (B) THE PURPOSE OF THE PARTNERSHIP IS TO ACC ELERATE RESTORATION
1535-OF THE CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS BY
1536-EQUITABLY FOCUSING A SSISTANCE ON ACTIONS AND AREAS THAT ARE :
1537-
1538- (1) COST–EFFECTIVE;
1539-
1540- (2) LIKELY TO DEMONSTRATE A RAPID SYSTEMIC RES PONSE TO
1541-RESTORATION ACTIVITY , INCLUDING RAPID DE –LISTING OF IMPAIRED STREAMS
1542-IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT; AND
1543-
1544- (3) SUPPORTED BY THE LOCA L COMMUNITY GOVERNMENT .
1545-
1546- (C) (1) THE SECRETARY SHALL ESTAB LISH A STATE MANAGEMENT TEAM
1547-TO ADMINISTER THE PARTNERSHIP.
1548-
1549- (2) THE STATE MANAGEMENT TEAM SHALL INCLUDE :
1550-
1551- (I) ONE REPRESENTATIVE OF THE DEPARTMENT , DESIGNATED
1552-BY THE SECRETARY;
1553-
1554- (II) ONE REPRESENTATIVE OF THE DEPARTMENT OF THE
1555-ENVIRONMENT , DESIGNATED BY THE SECRETARY OF ENVIRONMENT ;
1556-
1557- (III) ONE REPRESENTATIVE OF THE DEPARTMENT OF
1558-AGRICULTURE , DESIGNATED BY THE SECRETARY OF AGRICULTURE ;
1559-
1560- (IV) ONE REPRESENTATIVE OF THE DEPARTMENT OF
1561-PLANNING, DESIGNATED BY THE SECRETARY OF PLANNING;
1562-
1563- (V) ONE REPRESENTATIVE OF THE CRITICAL AREA
1564-COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS, DESIGNATED
1565-BY THE CHAIR OF THE COMMISSION; AND
1566- WES MOORE, Governor Ch. 559
1567-
1568-– 35 –
1569- (VI) THE CHIEF RESILIENCE OFFICER, OR THE CHIEF
1570-RESILIENCE OFFICER’S DESIGNEE.
1571-
1572- (3) THE REPRESENTATIVE OF THE DEPARTMENT SHALL CHAI R THE
1573-STATE MANAGEMENT TEAM .
1574-
1575- (4) THE STATE MANAGEMENT TEAM SHALL COORDINATE WIT H
1576-OTHER ENTITIES , INCLUDING THE U.S. ARMY CORPS OF ENGINEERS AND THE U.S.
1577-ENVIRONMENTAL PROTECTION AGENCY, AS NECESSARY TO CARR Y OUT ITS
1578-FUNCTIONS AND DUTIES UNDER THIS SUBTITLE .
1579-
1580- (D) (1) THE PARTNERSHIP SHALL EMP LOY STAFF IN ACCORDA NCE WITH
1581-THE STATE BUDGET .
1582-
1583- (2) STATE AGENCIES MAY PROVIDE STAFF OR OTH ER ASSISTANCE TO
1584-THE PARTNERSHIP.
1585-
1586- (E) ON OR BEFORE OCTOBER 1, 2024, AND EVERY 5 YEARS THEREAFTER ,
1587-THE STATE MANAGEMENT TEAM SHALL ISSUE A REQUES T FOR PROPOSALS FOR
1588-PROJECTS THAT :
1589-
1590- (1) OCCUR WITHIN A SINGLE MARYLAND 8–DIGIT WATERSHED AS
1591-IDENTIFIED IN THE ST ATEWIDE DIGITAL WATE RSHED FILE MAINTAINE D BY THE
1592-DEPARTMENT OF INFORMATION TECHNOLOGY ;
1593-
1594- (2) INCLUDE A STRATEGY DE SCRIBING THE PARTNER S, ACTIONS,
1595-AND BENEFITS THAT TH E PROJECT WILL INCOR PORATE OVER A 5–YEAR PERIOD;
1596-
1597- (3) PROVIDE AT LEAST FIVE OF THE BENEFITS SPECIFIED U NDER
1598-SUBSECTION (F)(2)(VIII) OF THIS SECTION; AND
1599-
1600- (4) ARE ENDORSED BY EACH COUNTY AND MUNICIPAL CORPORATION
1601-IN WHICH THE PROJECT WILL OCCUR.
1602-
1603- (F) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON OR
1604-BEFORE MARCH 1, 2025, AND EVERY 5 YEARS THEREAFTER , THE STATE
1605-MANAGEMENT TEAM MAY APPROVE UP TO FIVE P ROJECTS TO RECEIVE A SSISTANCE
1606-UNDER THIS SECTION .
1607-
1608- (2) THE STATE MANAGEMENT TEAM SHALL EVALUATE A PRO POSED
1609-PROJECT BASED ON WHE THER THE PROPOSED PR OJECT:
1610-
1611- (I) IS LOCATED IN A WATER SHED IN WHICH HABITA T
1612-RESTORATION AND POLL UTION REDUCTION WILL : Ch. 559 2024 LAWS OF MARYLAND
1613-
1614-– 36 –
1615-
1616- 1. RESULT IN THE GREATES T IMPROVEMENTS TO
1617-SHALLOW WATER HABITA T AND LIVING RESOURC ES;
1618-
1619- 2. ACHIEVE RAPID DE –LISTING OF IMPAIRED STREAMS
1620-IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT AND PUBLISHED
1621-IN THE DEPARTMENT OF THE ENVIRONMENT ’S TRIENNIAL REVIEW OF WATER
1622-QUALITY STANDARDS; OR
1623-
1624- 3. GENERATE RAPIDLY –IMPROVING CONDITIONS IN
1625-THE LOCAL ECOSYSTEM ;
1626-
1627- (II) EMPHASIZES ACTIONS TH AT ARE EXPECTED TO P ROVIDE
1628-THE GREATEST , MOST COST–EFFECTIVE, AND MEASURABLE AMOUN T OF POLLUTION
1629-REDUCTION;
1630-
1631- (III) SUPPORTS LAND USE POL ICIES, CONSERVATION
1632-PROGRAMS, AND RESTORATION PROT OCOLS AT THE LOCAL L EVEL THAT WILL
1633-SUSTAIN PROJECT ACTI ONS AND OUTCOMES ;
1634-
1635- (IV) HAS DOCUMEN TED INTEREST FROM A GROUP OF AFFECTED
1636-PROPERTY OWNERS TO A LLOW RESTORATION OR CONSERVATION ACTIONS ON
1637-THEIR PROPERTY ;
1638-
1639- (V) MINIMIZES THE LOSS OF TREES AND OTHER NATU RAL
1640-HABITATS;
1641-
1642- (VI) DEMONSTRATES OPPORTUN ITIES TO IMPLEMENT A CTIONS
1643-THAT REDUCE ENVIRONMENTAL DISPAR ITIES EXPERIENCED BY OVERBURDENED
1644-OR UNDERSERVED COMMU NITIES;
1645-
1646- (VII) DEMONSTRATES OPPORTUN ITIES TO FOSTER INNO VATION
1647-IN RESTORATION SCIEN CE OR PRACTICES ;
1648-
1649- (VIII) IN ADDITION TO LAND –BASED HABITAT RESTOR ATION AND
1650-WATER QUALITY IMPR OVEMENT, ANTICIPATES BENEFITS RELATED TO:
1651-
1652- 1. THE CREATION OR RESTO RATION OF WILDLIFE
1653-HABITAT, RIPARIAN BUFFERS , AND WETLAND RESTORAT ION;
1654-
1655- 2. THE RESTORATION OF AQ UATIC RESOURCES , SUCH
1656-AS FRESH WATER MUSSE LS, FISH PASSAGE, OR OYSTER REEFS ;
1657- WES MOORE, Governor Ch. 559
1658-
1659-– 37 –
1660- 3. CARBON SEQUESTRATION ;
1661-
1662- 4. CLIMATE CHANGE MITIGA TION, ADAPTATION, OR
1663-RESILIENCE;
1664-
1665- 5. LOCAL EMPLOYMENT OPPO RTUNITIES;
1666-
1667- 6. IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND
1668-
1669- 7. RECREATIONAL OPPORTUN ITIES AND PUBLIC
1670-ACCESS TO WATERWAYS AND NATURAL HABITATS; AND
1671-
1672- (IX) CREATES PARTNERSHIP O PPORTUNITIES AMONG
1673-NONPROFIT AND FOR PR OFIT ORGANIZATIONS , COMMUNITY ORGANIZATI ONS, ALL
1674-LEVELS OF GOVERNMENT , AND SCIENTISTS.
1675-
1676- (3) THE STATE MANAGEMENT TEAM SHALL:
1677-
1678- (I) WORK TO ENSURE THAT T HE PROJECTS APPROVED
1679-INCLUDE:
1680-
1681- 1. ONE PROJECT LOCATED I N A PREDOMINANTLY
1682-URBAN AREA;
1683-
1684- 2. ONE PROJECT LOCATED I N A PREDOMINANTLY
1685-SUBURBAN AREA ;
1686-
1687- 3. TWO PROJECTS PRIMARIL Y FOCUSED ON REDUCIN G
1688-POLLUTION IN A PREDO MINANTLY AGRICULTURA L AREA; AND
1689-
1690- 4. ONE PR OJECT THAT INCORPORA TES
1691-COLLABORATIVE EFFORT S WITH AN ADJOINING STATE; AND
1692-
1693- (II) ENSURE THAT AT LEAST TWO APPROVED PROJECT S ARE
1694-LOCATED IN AND PROVI DE BENEFITS TO AN OV ERBURDENED OR UNDERS ERVED
1695-COMMUNITY .
1696-
1697- (4) THE STATE MANAGEMENT TEAM MAY REQUIRE SIT ING, DESIGN,
1698-CONSTRUCTION , MAINTENANCE , AND OPERATION PRINCI PLES AND STANDARDS F OR
1699-A PROJECT THAT ARE I N ADDITION TO THOSE REQUIRED BY LAW OR R EGULATION IF
1700-THE TEAM DETERMINES THAT THOSE PRINCIPLE S AND STANDARDS ARE NECESSARY
1701-TO PRESERVE THE BENE FITS OF THE PROJECT.
1702- Ch. 559 2024 LAWS OF MARYLAND
1703-
1704-– 38 –
1705- (G) FOR A PERIOD OF 5 YEARS AFTER APPROVIN G A PROJECT, THE STATE
1706-MANAGEMENT TEAM SHAL L:
1707-
1708- (1) ASSIST THE PROJECT SP ONSOR IN DEVELOPING AN
1709-IMPLEMENTATION AND F INANCING PLAN , INCLUDING MEASURABLE OUTCOMES,
1710-FOR THE DURATION OF THE PROJECT;
1711-
1712- (2) AWARD IMPLEMENTATION GRANTS FROM THE FUND AND OTHER
1713-APPROPRIATE STATE FUNDS AND ACCOU NTS:
1714-
1715- (I) FOR UP TO 50% OF PROJECT COSTS ;
1716-
1717- (II) IN ACCORDANCE WITH TH E IMPLEMENTATION AND
1718-FINANCING PLAN DEVEL OPED UNDER ITEM (1) OF THIS SUBSECTION ; AND
1719-
1720- (III) WITH CONSIDERATION GI VEN TO THE PROGRESS OF THE
1721-PROJECT AS DOCUMENTE D IN THE REPORT REQU IRED UNDER SUBSECTIO N (I)(2) OF
1722-THIS SECTION;
1723-
1724- (3) AWARD OPERATIONS GRAN TS TO THE PROJECT SP ONSOR FOR
1725-PROJECT ADMINISTRATI ON COSTS IN ACCORDAN CE WITH § 8–2A–02(F)(5) OF THIS
1726-TITLE;
1727-
1728- (4) PROVIDE FOR COORDINAT ED AND TRANSPARENT STATE
1729-PERMITTING TO THE EX TENT ALLOWED BY STATE AND FEDERAL LAW , INCLUDING
1730-THE USE OF THE PERMI T TRACKING DASHBOARD ESTABLISHED BY THE SECRETARY
1731-UNDER SUBSECTION (K) OF THIS SECTION;
1732-
1733- (5) PROVIDE FUNDING TO TH E PROJECT SPONSOR TO SUPPORT
1734-WATER QUALITY MONITO RING AT THE PROJECT SITE; AND
1735-
1736- (6) MEET WITH THE PROJECT SPONSOR AND PARTICIP ATING LOCAL
1737-GOVERNMENTS AT LEAST SIX TIMES EACH CALEN DAR YEAR TO REVIEW A ND
1738-FACILITATE PROGRESS ON THE PROJ ECT.
1739-
1740- (H) A PROJECT SPONSOR SHAL L PROVIDE OPPORTUNIT IES FOR
1741-COMMUNITY ENGAGEMENT FOR THE DURATION OF THE PROJECT BY INCLU DING:
1742-
1743- (1) AT LEAST FOUR COMMUNI TY MEETINGS THAT INC LUDE
1744-REPRESENTATION FROM EACH LOCAL GOVERNMEN T ENDORSING THE PROJ ECT;
1745-AND
1746- WES MOORE, Governor Ch. 559
1747-
1748-– 39 –
1749- (2) AN OPPORTUNITY FOR PU BLIC COMMENT ON THE PRELIMINARY
1750-DESIGN OF EACH RESTORATION MAJOR OR LARGE –SCALE ACTION PROPOSED BY
1751-THE PROJECT.
1752-
1753- (I) (1) A PROJECT SPONSOR SHAL L IDENTIFY APPROPRIA TE METRICS TO
1754-TRACK PROGRESS ON ME ETING THE OUTCOMES I DENTIFIED IN THE PROJECT’S
1755-IMPLEMENTATION AND F INANCING PLAN .
1756-
1757- (2) (I) A PROJECT SPONSOR SHAL L REPORT ON THE PROG RESS OF
1758-THE PROJECT AT THE I NTERVALS AND IN THE FORMAT REQUIRED BY T HE STATE
1759-MANAGEMENT TEAM .
1760-
1761- (II) A REPORT UNDER THIS PA RAGRAPH SHALL INCLUD E
1762-INFORMATIO N ON:
1763-
1764- 1. COMMUNITY ENGAGEMENT EFFORTS;
1765-
1766- 2. RESTORATION AND CONSE RVATION ACTIONS
1767-INITIATED AND COMPLE TED;
1768-
1769- 3. TREES AFFECTED AND TR EES AT IMMEDIATE OR
1770-FUTURE RISK OF IMPAC T DUE TO RESTORATION ACTIONS;
1771-
1772- 4. FUNDING FROM ALL SOUR CES THAT WAS SOLICITED,
1773-AWARDED, OR SPENT; AND
1774-
1775- 5. THE PROGRESS MADE TOW ARD MEETING THE
1776-OUTCOMES IDENTIFIED IN THE PROJECT ’S IMPLEMENTATION AND FINANCING
1777-PLAN, INCLUDING THE METRIC S USED FOR TRACKING PROGRESS UNDER
1778-PARAGRAPH (1) OF THIS SUBSECTION .
1779-
1780- (3) THE STATE MANAGEMENT TEAM MAY REQUIRE A PROJECT
1781-SPONSOR TO PERFORM A ND REPORT ON WATER Q UALITY MONITORING FO R MORE
1782-THAN 5 YEARS.
1783-
1784- (J) ON OR BEFORE NOVEMBER 1, 2025, AND EACH NOVEMBER 1
1785-THEREAFTER , THE STATE MANAGEMENT TEAM SHALL REPORT TO THE GENERAL
1786-ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE,
1787-ON THE STATUS OF EAC H APPROVED PROJECT .
1788-
1789- (K) (1) THE SECRETARY SHALL ESTAB LISH A PERMIT TRACKI NG
1790-DASHBOARD THAT PROVI DES PUBLICLY AVAILAB LE INFORMATION ON TH E PERMIT
1791-SCHEDULES AND REQUIR EMENTS FOR ACTIONS THAT REQUIRE A STATE PERMIT.
1792- Ch. 559 2024 LAWS OF MARYLAND
1793-
1794-– 40 –
1795- (2) THE PERMIT TRACKING D ASHBOARD SHALL BE MA DE AVAILABLE
1796-TO THE PUBLIC ON THE DEPARTMENT ’S WEBSITE.
1797-
1798-8–2B–03.
1799-
1800- (A) THERE IS A WHOLE WATERSHED FUND.
1801-
1802- (B) THE PURPOSE OF THE FUND IS TO FUND PROJE CTS APPROVED BY THE
1803-STATE MANAGEMENT TEAM UNDER § 8–2B–02 OF THIS SUBTITLE.
1804-
1805- (C) THE SECRETARY SHALL ADMIN ISTER THE FUND.
1806-
1807- (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
1808-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
1809-
1810- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
1811-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
1812-
1813- (E) THE FUND CONSISTS OF :
1814-
1815- (1) REVENUE DISTRIBUTED T O THE FUND FROM:
1816-
1817- (I) THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010
1818-TRUST FUND ESTABLISHED UNDE R § 8–2A–02 OF THIS TITLE;
1819-
1820- (II) THE BAY RESTORATION FUND ESTABLISHED UNDE R §
1821-9–1605.2 OF THE ENVIRONMENT ARTICLE;
1822-
1823- (III) THE CLEAN WATER COMMERCE ACCOUNT ESTABLISHED
1824-UNDER § 9–1605.4 OF THE ENVIRONMENT ARTICLE;
1825-
1826- (IV) THE MARYLAND AGRICULTURAL LAND PRESERVATION
1827-FUND ESTABLISHED UNDER § 2–505 OF THE AGRICULTURE ARTICLE;
1828-
1829- (V) THE COST–SHARING PROGRAM ESTA BLISHED UNDER §
1830-8–702 OF THE AGRICULTURE ARTICLE; AND
1831-
1832- (VI) THE WATERWAY IMPROVEMENT FUND ESTABLISHED
1833-UNDER § 8–707 OF THIS TITLE;
1834-
1835- (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
1836-
1837- (3) INTEREST EARNINGS ; AND
1838- WES MOORE, Governor Ch. 559
1839-
1840-– 41 –
1841- (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
1842-THE BENEFIT OF THE FUND.
1843-
1844- (F) (1) THE FUND MAY BE USED ONLY TO SUPPORT ACTIONS A SSOCIATED
1845-WITH A PROJECT APPRO VED BY THE STATE MANAGEMENT TEAM UNDER § 8–2B–02
1846-OF THIS SUBTITLE, INCLUDING:
1847-
1848- (I) TO SATISFY MATCH REQU IREMENTS OF ANY FEDE RAL
1849-SOURCE; OR
1850-
1851- (II) MATCHING WITH COUNTY , MUNICIPAL, OR PRIVATE FUNDS
1852-OR IN–KIND SUPPORT FOR A P ROJECT.
1853-
1854- (2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION ,
1855-MONEY TRANSFERRED TO THE FUND UNDER SUBSECTION (E)(1) OF THIS SECTION
1856-SHALL BE SUBJECT TO THE CONDITIONS SPECI FIED IN THE ORIGINAT ING FUND OR
1857-ACCOUNT.
1858-
1859- (3) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A PORTION
1860-OF FUNDS FOR AN ACTI ON MAY BE PROVIDED AS AN AD VANCE PAYMENT AT THE
1861-BEGINNING OF EACH FI SCAL YEAR.
1862-
1863- (4) ANY REMAINING FUNDS N OT USED TO SUPPORT A N ACTION IN
1864-ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION S HALL BE AVAILABLE FO R
1865-USE CONSISTENT WITH THIS SECTION IN SUBS EQUENT FISCA L YEARS.
1866-
1867- (G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
1868-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED.
1869-
1870- (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
1871-THE FUND.
1872-
1873- (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
1874-WITH THE STATE BUDGET .
1875-
1876- (I) MONEY EXPENDED FROM T HE FUND FOR PROJECTS APP ROVED BY THE
1877-PARTNERSHIP IS SUPPLE MENTAL TO AND IS NOT INTENDED TO TAKE THE PLACE OF
1878-FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR THE PARTNERSHIP.
1879-
1880- (J) A CONTRACT ENT ERED INTO BY THE DEPARTMENT UNDER THIS
1881-SECTION SHALL :
1882-
1883- (1) BE CONSISTENT WITH TH E IMPLEMENTATION AND FINANCING
1884-PLAN DEVELOPED UNDER § 8–2B–02(G) OF THIS SUBTITLE; Ch. 559 2024 LAWS OF MARYLAND
1885-
1886-– 42 –
1887-
1888- (2) FOR AN ACTION INVOLVI NG STREAM RESTORATIO N, REQUIRE THE
1889-USE OF A STREAM REST ORATION CONTRACTOR LICENSED UNDER TITLE 18 OF THE
1890-ENVIRONMENT ARTICLE; AND
1891-
1892- (3) REQUIRE THAT FUNDS PR OVIDED FROM THE FUND BE RETURNED
1893-IF THE ACTION IS NOT COMPLETED IN ACCORDA NCE WITH THE IMPLEME NTATION
1894-AND FINANCING PLAN .
1895-
1896- (K) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ACTION
1897-THAT IS PARTIALLY FI NANCED WITH ANOTHER SOURCE OF STATE FUNDS MAY BE
1898-FUNDED UNDER THIS SE CTION.
1899-
1900- (2) FUNDING PROVIDED TO A N ACTION UNDER THIS SUBSECTION
1901-SHALL BE PRORATED TO COVER ONLY THE PORTI ON OF THE ACTION NOT FUNDED
1902-BY ANOTHER STATE SOURCE.
1903-
1904-8–701.
1905-
1906- (a) In this subtitle the following words have the meanings indicated.
1907-
1908- (A–1) “BENEFICIAL USE OF DRE DGED MATERIAL ” HAS THE MEANING STAT ED
1909-IN § 5–1101 OF THE ENVIRONMENT ARTICLE.
1910-
1911-8–707.
1912-
1913- (a) (1) There is a Waterway Improvement Fund for the purposes specified in
1914-this subtitle, INCLUDING THE ACCELE RATED RESTORATION OF THE CHESAPEAKE
1915-AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS.
1916-
1917- (2) Except as provided in § 8–709 of this subtitle, any money received into
1918-the Waterway Improvement Fund shall be used solely for the following projects:
1919-
1920- [(1)] (I) Marking channels and harbors and establishing aids to
1921-navigation in cooperation with and as an extension of operations of the United States Coast
1922-Guard;
1923-
1924- [(2)] (II) Clearing debris, aquatic vegetation, and obstruction from waters
1925-of the State;
1926-
1927- [(3)] (III) Dredging channels and harbors and construction of jetties and
1928-breakwaters in cooperation with and as an extension of operations of the United States
1929-Army Corps of Engineers;
1930- WES MOORE, Governor Ch. 559
1931-
1932-– 43 –
1933- [(4)] (IV) Dredging ponds, lakes, and reservoirs owned by the State;
1934-
1935- [(5)] (V) Constructing and maintaining marine facilities beneficial to the
1936-boating public, including constructing pump–out stations for use by the general boating
1937-public at public and private marinas. The Secretary may use the funds to install pump–out
1938-stations for use by the general boating public and to supplement maintenance costs at the
1939-discretion of the Secretary. Before approving the construction of any pump–out station at
1940-a public or private marina, the Secretary shall consult with the Department of the
1941-Environment to assure that the wastewater collection and treatment system of the marina
1942-is adequate to handle any increased flow. The Department may adopt regulations to govern
1943-the use and operation of pump–out stations for use by the general boating public
1944-constructed or supported by State funds under this section;
1945-
1946- [(6)] (VI) Improvement, reconstruction, or removal of bridges,
1947-drawbridges, or similar structures over or across waters, if those structures delay, impede,
1948-or obstruct the boating public. With the approval of the Board of Public Works, funds from
1949-another public or any private source may be received and used to supplement and increase
1950-the funds in the Waterway Improvement Fund for the purpose of this subsection. Also, the
1951-Board of Public Works may enter into an agreement with a private company or person
1952-which owns such a structure, for the improvement, reconstruction, or removal of the
1953-structure, in order to provide a sharing of the cost of the improvement, reconstruction, or
1954-removal;
1955-
1956- [(7)] (VII) Evaluation of water–oriented recreation needs and recreational
1957-capacities of Maryland waterways and development of comprehensive plans for waterway
1958-improvements;
1959-
1960- [(8)] (VIII) To provide matching grants to local governments for the
1961-construction of marine facilities for marine firefighting, marine police, or medical services
1962-and for the acquisition of vessels and equipment for vessels for marine firefighting, police,
1963-medical, and communication equipment for promoting safety of life and property and
1964-general service to the boating public utilizing the waters of the State. The ownership,
1965-operation, and maintenance of any equipment acquired under this subtitle shall be the
1966-responsibility of the local governing body;
1967-
1968- [(9)] (IX) Structural and nonstructural shore erosion control under
1969-subsection (b) of this section;
1970-
1971- [(10)] (X) Acquisition of equipment and State vessels for firefighting,
1972-policing, first aid and medical assistance, and communications, in order to promote safety
1973-of life and property and general service to the boating public utilizing waters of the State;
1974-
1975- [(11)] (XI) Boating information and education; [and]
1976-
1977- [(12)] (XII) To provide interest–free loans to a governing body for the benefit
1978-of a residential property owner, or group of residential property owners, with land abutting Ch. 559 2024 LAWS OF MARYLAND
1979-
1980-– 44 –
1981-a channel adjacent to a federal, State, county, or municipal main channel or harbor for
1982-dredging the adjacent channel; AND
1983-
1984- (XIII) TO CONSISTENT WITH OTHER USES IN ITEMS (I) THROUGH
1985-(XII) OF THIS PARAGRAPH , TO FUND THE WHOLE WATERSHED FUND ESTABLISHED
1986-UNDER § 8–2B–03 OF THIS TITLE.
1987-
1988-8–708.
1989-
1990- (b) (1) Except for the construction of pump–out stations for use by the general
1991-boating public at public and private marinas, the governing body and the Waterway
1992-Improvement Fund jointly shall finance projects to construct marine facilities beneficial to
1993-the boating public.
1994-
1995- (2) Except as provided in paragraph (3) of this subsection, the contribution
1996-of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of
1997-each project.
1998-
1999- (3) The Waterway Improvement Fund may finance completely [any]:
2000-
2001- (I) ANY construction project beneficial to the boating public which
2002-costs $250,000 or less, regardless of its location; AND
2003-
2004- (II) A PROJECT THAT INVOLVE S THE BENEFICIAL USE OF
2005-DREDGED MATERIAL ; AND
2006-
2007- (III) ANY WATER QUALITY MON ITORING BY THE DEPARTMENT .
2008-
2009-Article – State Finance and Procurement
2010-
2011-6–226.
2012-
2013- (a) (2) (i) Notwithstanding any other provision of law, and unless
2014-inconsistent with a federal law, grant agreement, or other federal requirement or with the
2015-terms of a gift or settlement agreement, net interest on all State money allocated by the
2016-State Treasurer under this section to special funds or accounts, and otherwise entitled to
2017-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
2018-Fund of the State.
2019-
2020- (ii) The provisions of subparagraph (i) of this paragraph do not apply
2021-to the following funds:
2022-
2023- 189. the Teacher Retention and Development Fund; [and]
2024-
2025- 190. the Protecting Against Hate Crimes Grant Fund; AND WES MOORE, Governor Ch. 559
2026-
2027-– 45 –
2028-
2029- 191. THE WHOLE WATERSHED FUND.
2030-
2031- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
2032-as follows:
2033-
2034-Article – Environment
2035-
2036-TITLE 18. STREAM AND FLOODPLAIN RESTORATION PROJECTS.
2037-
2038-18–101.
2039-
2040- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
2041-INDICATED.
2042-
2043- (2) “LIMIT OF CLEARING” MEANS THE BOUNDARIES WITHIN WHICH
2044-PLANNED CUTTING , CLEARING, OR GRUBBING OF VEGET ATION ASSOCIATED WIT H
2045-STREAM RESTORATION W ILL OCCUR.
2046-
2047- (3) “LIMIT OF DISTURBANCE ” MEANS THE BOUNDARY W ITHIN WHICH
2048-ADDITIONAL CONSTRUCT ION, MATERIALS AND EQUIPM ENT STORAGE, GRADING,
2049-LANDSCAPING , AND RELATED ACTIVITI ES MAY OCCUR.
2050-
2051- (B) AN APPLICANT SEEKING AN AUTHORIZATION FOR A STREAM AND
2052-FLOODPLAIN RESTORATI ON PROJECT IN THE STATE SHALL BE SUBJEC T TO THE
2053-REQUIREMENTS OF THIS SECTION.
2054-
2055- (C) (1) A PROJECT APPLICANT SHALL PROVIDE PUBLIC NOTICE AT 30%
2056-DESIGN COMPLETION , INCLUDING:
2057-
2058- (I) MAILING WRITTEN NOTIC E TO ANY RESIDENCE O R
2059-BUSINESS WITHIN A RA DIUS OF 200 FEET OF THE PROPOSED PROJECT AREA ’S
2060-BOUNDARY; AND
2061-
2062- (II) POSTING NOTICE AT POI NTS OF PUBLIC ACCESS TO THE
2063-PROJECT.
2064-
2065- (2) THE PUBLIC NOTICE REQ UIRED UNDER THIS SUB SECTION SHALL
2066-INCLUDE:
2067-
2068- (I) INFORMATION ON THE PR OJECT APPLICANT APPL YING FOR
2069-PROJECT AUTHORIZATIO N, INCLUDING CONTACT IN FORMATION FOR THE
2070-APPLICANT; Ch. 559 2024 LAWS OF MARYLAND
2071-
2072-– 46 –
2073-
2074- (II) THE PURPOSE OF THE PR OJECT; AND
2075-
2076- (III) IF APPLICABLE, INFORMATION ABOUT TH E PUBLIC MEETING
2077-UNDER SUBSECTION (D) OF THIS SECTION.
2078-
2079- (D) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF:
2080-
2081- (I) THE PROJECT APPLICANT IS AN INDIVIDUAL;
2082-
2083- (II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S
2084-PROPERTY; AND
2085-
2086- (III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S
2087-RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE
2088-PROJECT BOUNDARY .
2089-
2090- (2) A PROJECT APPLICANT SH ALL:
2091-
2092- (I) HOLD AN IN–PERSON PUBLIC MEETIN G THAT INCLUDES AN
2093-OPTION FOR VIRTUAL A TTENDANCE;
2094-
2095- (II) TAKE MEETING MINUTES AND RECORD THE MEETI NG;
2096-
2097- (III) PRESENT:
2098-
2099- 1. THE PROJECT DESIGN RE PORT AND PLANS ;
2100-
2101- 2. A FOREST STAND DELINEA TION;
2102-
2103- 3. THE DEPARTMENT ’S STREAM RESTORATION
2104-AUTHORIZATION CHECKLIST; AND
2105-
2106- 4. A SEPARATE SHEET WITH THE DESIGN DRAWINGS
2107-CLEARLY IDENTIFYING :
2108-
2109- A. THE LIMIT OF CLEARING , IF ANY;
2110-
2111- B. THE LIMIT OF DISTURBA NCE; AND
2112-
2113- C. TO THE EXTENT PRACTIC ABLE, NOTATION WHERE
2114-ADDITIONAL TREES ARE PLANNED TO BE REMOVE D; AND WES MOORE, Governor Ch. 559
2115-
2116-– 47 –
2117-
2118- (IV) POST THE DOCUMENTS AN D MEETING MINUTES ON THE
2119-PROJECT APPLICANT ’S WEBSITE.
2120-
2121- (3) A PROJECT APPLICANT SH ALL HOLD THE PUBLIC MEETING
2122-REQUIRED UNDER THIS SUBSECTION WHEN THE PROJECT DESIGN IS 60%
2123-COMPLETE.
2124-
2125- (E) A PROJECT APPLICANT SH ALL SUBMIT TO T HE DEPARTMENT ALL
2126-RELEVANT DOCUMENTS A S PART OF THE APPLIC ATION AND REVIEW PRO CESS,
2127-INCLUDING:
2128-
2129- (1) THE PROJECT DESIGN RE PORT AND DRAWINGS , INCLUDING A
2130-SHEET CLEARLY IDENTI FYING:
2131-
2132- (I) THE LIMIT OF CLEARING , IF ANY; AND
2133-
2134- (II) THE LIMIT OF DISTURBA NCE;
2135-
2136- (2) THE FOREST STAND DELI NEATION;
2137-
2138- (3) RESPONSES TO THE DEPARTMENT ’S STREAM RESTORATION
2139-AUTHORIZATION CHECKLIST;
2140-
2141- (4) THE MEETING MINUTES A ND, IF FEASIBLE, THE RECORDING FROM
2142-THE PUBLIC MEETING C ONDUCTED IN ACCORDAN CE WITH SUBSECTION (D) OF THIS
2143-SECTION; AND
2144-
2145- (5) ANY OTHER DOCUMENTS O R INFORMATION REQUES TED BY THE
2146-DEPARTMENT .
2147-
2148- (F) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF:
2149-
2150- (I) THE PROJECT APPLICANT IS AN INDIVIDUAL;
2151-
2152- (II) THE PROPOSED PROJECT IS SITED ON THE INDIVIDUAL ’S
2153-PROPERTY; AND
2154-
2155- (III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S
2156-RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE
2157-PROJECT BOUNDARY .
2158- Ch. 559 2024 LAWS OF MARYLAND
2159-
2160-– 48 –
2161- (2) WITHIN 24 HOURS AFTER SUBMITTI NG AN APPLICATION TO THE
2162-DEPARTMENT , A PROJECT APPLICANT SHALL POST ON ITS WEBSITE :
2163-
2164- (I) NOTICE THAT IT HAS SU BMITTED AN APPLICATI ON;
2165-
2166- (II) THE DATE OF SUBMISSIO N OF THE APPLICATION ; AND
2167-
2168- (III) A COPY OF THE APPLICAT ION.
2169-
2170-18–102.
2171-
2172- (A) THE DEPARTMENT MAY AUTHOR IZE A STREAM AND FLO ODPLAIN
2173-RESTORATION PROJECT IN ACCORDANCE WITH T HIS SECTION.
2174-
2175- (B) PRIOR TO THE AUTHORIZ ATION OF ANY STREAM AND FLOODPLAIN
2176-RESTORATION PROJECT IN THE STATE, THE DEPARTMENT SHALL :
2177-
2178- (1) ASSESS DOCUMENTATION SUBMITTED BY THE PRO JECT
2179-APPLICANT FOR DEGRAD ATION CRITERIA RELATED TO :
2180-
2181- (I) AN EXISTING BIOLOGICA L FUNCTION–BASED PARAMETER ;
2182-AND
2183-
2184- (II) A PHYSICAL PARAMETER , INCLUDING AN EXISTIN G
2185-GEOMORPHOLOGIC OR HY DRAULIC FUNCTION –BASED PARAMETER ;
2186-
2187- (2) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED THE
2188-FOLLOWING COBENEFITS, AS APPROPRIATE , INTO THE APPLICATION :
2189-
2190- (I) THE CREATION OR RESTO RATION OF WILDLIFE H ABITAT,
2191-RIPARIAN BUFFERS , AND WETLAND RESTORAT ION;
2192-
2193- (II) THE RESTORATION OF AQ UATIC RESOURCES , SUCH AS
2194-FRESHWATER MUSSELS , FISH PASSAGE, OR OYSTER REE FS;
2195-
2196- (III) CARBON SEQUESTRATION ;
2197-
2198- (IV) CLIMATE CHANGE MITIGA TION, ADAPTATION, OR
2199-RESILIENCE;
2200-
2201- (V) IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND
2202- WES MOORE, Governor Ch. 559
2203-
2204-– 49 –
2205- (VI) RECREATIONAL OPPORTUN ITIES AND PUBLIC ACC ESS TO
2206-WATERWAYS AND NATURA L HABITATS;
2207-
2208- (3) ASSESS DOCUMENTATION OF COMMUNITY NOTIFIC ATIONS
2209-CONDUCTED BY THE PRO JECT APPLICANT PRIOR TO THE SUBMISSION OF THE
2210-APPLICATION;
2211-
2212- (4) ASSESS WHETHER THE AP PLICANT INCORPORATED , TO THE
2213-EXTENT PRACTICABLE , RECOGNIZED BEST MANA GEMENT PRACTICES TO :
2214-
2215- (I) MAXIMIZE ECOLOGICAL U PLIFT;
2216-
2217- (II) MINIMIZE:
2218-
2219- 1. IMPACTS TO WILDLIFE H ABITATS;
2220-
2221- 2. TREE LOSS AND REMOVAL ;
2222-
2223- 3. EARTH DISTURBANCE ; AND
2224-
2225- 4. DISTURBANCE TO NATIVE VEGETATION;
2226-
2227- (III) AVOID IMPACTS TO :
2228-
2229- 1. LARGE NONINVASIVE NAT IVE PLANT COMMUNITIES ;
2230-AND
2231-
2232- 2. SPECIMEN TREES ;
2233-
2234- (IV) USE EXISTING AREAS SU ITABLE FOR MATERIAL STAGING
2235-AREAS TO AVOID FORES T REMOVAL;
2236-
2237- (V) LIMIT CONSTRUCTION AC CESS ROAD WIDTHS ;
2238-
2239- (VI) LIMIT THE IMPACTS OF INGRESS AND EGRESS P OINTS TO
2240-MINIMIZE FOREST IMPACTS; AND
2241-
2242- (VII) WHERE APPROPRIATE , PRIORITIZE THE REMOV AL OF
2243-NONNATIVE AND INVASI VE:
2244-
2245- 1. TREES; AND
2246-
2247- 2. VEGETATION; AND Ch. 559 2024 LAWS OF MARYLAND
2248-
2249-– 50 –
2250-
2251- (5) ESTABLISH A PLAN TO P ROVIDE FOR AT LEAST 5 YEARS OF
2252-MONITORING IN ACCORD ANCE WITH SUBSECTION (D) OF THIS SECTION.
2253-
2254- (C) THE DEPARTMENT ’S ASSESSMENT REVIEW REQUIRED UNDER
2255-SUBSECTION (B)(3) OF THIS SECTION SHAL L INCLUDE:
2256-
2257- (1) WHETHER THE PROJECT A PPLICANT PROVIDED NO TICE AS
2258-REQUIRED IN § 18–101 OF THIS TITLE;
2259-
2260- (2) WHETHER THE PROJECT A PPLICANT CONDUCTED A PUBLIC
2261-MEETING AS REQUIRED IN § 18–101(D) OF THIS TITLE;
2262-
2263- (3) WHETHER THE PROJECT A PPLICANT PLACED APPR OPRIATE
2264-PROJECT SIGNAGE ;
2265-
2266- (4) WHETHER THE PROJECT A PPLICANT CONSIDERED THE PROJECT’S
2267-COMPATIBILITY WITH L OCAL LAND USE , ESPECIALLY IN URBAN , SUBURBAN, AND
2268-OTHER HIGH–VISIBILITY AREAS;
2269-
2270- (5) WHETHER AND HOW THE P ROJECT APPLICANT CON SIDERED AND
2271-RESPONDED TO RELEVAN T PUBLIC INPUT , INCLUDING ANY RESULT ING
2272-MODIFICATIONS TO THE PROJECT; AND
2273-
2274- (6) HOW THE PROJECT APPLI CANT CONSIDERED PUBL IC INPUT IN
2275-THE FINAL APPLICATION DESIGN .
2276-
2277- (D) (1) ON COMPLETION OF A ST REAM AND FLOODPLAIN RESTORATION
2278-PROJECT, THE DEPARTMENT SHALL PROV IDE FOR AT LEAST 5 YEARS OF
2279-MONITORING PER THE D ESIGN AND PERMIT ASS OCIATED WITH THE DES IGN FOR
2280-EACH AUTHORIZED PROJ ECT.
2281-
2282- (2) THE MONITORING REQUIRED UNDER THIS SUBSECTIO N SHALL
2283-INCLUDE AN ASSESSMEN T OF STREAM STABILIT Y, STREAM AND FLOODPLAI N
2284-FUNCTION, AND VEGETATION VIABI LITY WITHIN THE AFFE CTED PROJECT AREA .
2285-
2286-18–103.
2287-
2288- ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER ,
2289-THE DEPARTMENT SHALL REPO RT TO THE SENATE COMMITTEE ON EDUCATION,
2290-ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND
2291-TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE WES MOORE, Governor Ch. 559
2292-
2293-– 51 –
2294-GOVERNMENT ARTICLE, ON ANY CHANGES MADE TO THE STREAM RESTORATION
2295-AUTHORIZATION CHECKLIST SINCE DECEMBER 1, 2023.
2296-
2297- SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
2298-effect July 1, 2025.
2299-
2300- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
2301-as follows:
2302-
2303-Article – State Government
2304-
2305-8–402.
2306-
2307- (a) The General Assembly finds that:
2308-
2309- (1) a framework that allows for periodic, legislative review of the
2310-regulatory, licensing, and other governmental activities of the Executive Branch of the
2311-State government is essential for the maintenance of a government in which the citizens
2312-have confidence and of a healthy State economy; and
2313-
2314- (2) this legislative review is consistent with other activities and goals of the
2315-General Assembly.
2316-
2317- (b) The purposes of this subtitle are to:
2318-
2319- (1) establish a system of legislative review that will:
2320-
2321- (i) determine whether a governmental activity is necessary for the
2322-public interest; and
2323-
2324- (ii) make units that are responsible for necessary governmental
2325-activities accountable and responsive to the public interest; and
2326-
2327- (2) ensure that the legislative review takes place by establishing, by
2328-statute, a process for the review and other legislative action.
2329-
2330-8–403.
2331-
2332- This subtitle applies only to the following governmental activities and units:
2333-
2334- (62) STREAM RESTORATION CONTRACTORS LICENSING BOARD (§
2335-18–201 OF THE ENVIRONMENT ARTICLE);
2336-
2337- [(62)] (63) Veterinary Medical Examiners, State Board of (§ 2–302 of the
2338-Agriculture Article);
2339- Ch. 559 2024 LAWS OF MARYLAND
2340-
2341-– 52 –
2342- [(63)] (64) Waterworks and Waste Systems Operators, State Board of (§
2343-12–201 of the Environment Article); and
2344-
2345- [(64)] (65) Well Drillers, State Board of (§ 13–201 of the Environment
2346-Article).
2347-
2348- SECTION 2. 3. AND BE IT FURTHER ENACTED, That:
2349-
2350- (a) In this section, “stream restoration contractor services” has the meaning
2351-stated in § 18–101 of the Environment Article, as enacted by Section 1 of this Act.
2352-
2353- (b) (1) On or before December 31, 2024, all persons performing stream
2354-restoration contractor services in the State or soliciting to perform stream restoration
2355-contractor services in the State shall:
2356-
2357- (i) register with the Department of the Environment; and
2358-
2359- (ii) pay to the Department of the Environment a registration fee in
2360-an amount determined by the Department.
2361-
2362- (2) The registration required under paragraph (1) of this subsection shall
2363-expire on December 31, 2026, unless extended by an action by the Stream Restoration
2364-Contractors Licensing Board established under Section 1 of this Act.
2365-
2366- (c) After December 31, 2024, a person that fails to register with the Department
2367-of the Environment to perform stream restoration contractor services in accordance with
2368-subsection (b) of this section:
2369-
2370- (1) may not perform stream restoration contractor services in the State;
2371-and
2372-
2373- (2) shall be subject to the penalties established in § 18–403 of the
2374-Environment Article, as enacted by Section 1 of this Act.
2375-
2376- (d) For the initial three licensed stream restoration contractor members required
2377-to be appointed to the Stream Restoration Contractors Licensing Board in accordance with
2378-§ 18–202 of the Environment Article, as enacted by Section 1 of this Act, the Department
2379-of the Environment shall select stream restoration contractors from the list of the
2380-registrants compiled under subsection (b) of this section for recommendation to the
2381-Governor for appointment to the Board.
2382-
2383- SECTION 3. 4. AND BE IT FURTHER ENACTED, That , except as provided in
2384-Section 3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain
2385-effective for a period of 5 years and, at the end of June 30, 2029, Section 2 of this Act, with
2386-no further action required by the General Assembly, shall be abrogated and of no further
2387-force and effect. WES MOORE, Governor Ch. 559
2388-
2389-– 53 –
2390-
2391-Approved by the Governor, May 9, 2024.
1+
2+
3+EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0969*
10+
11+SENATE BILL 969
12+M3, M1 (4lr2117)
13+ENROLLED BILL
14+— Education, Energy, and the Environment/Environment and Transportation —
15+Introduced by Senators Elfreth, Hester, and Guzzone
16+
17+Read and Examined by Proofreaders:
18+
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
23+
24+Sealed with the Great Seal and presented to the Governor, for his approval this
25+
26+_______ day of _______________ at ________________________ o’clock, ________M.
27+
28+______________________________________________
29+President.
30+
31+CHAPTER ______
32+
33+AN ACT concerning 1
34+
35+Stream and Watershed, Stream, and Floodplain Restoration – Stream 2
36+Restoration Contractor Licensing and Projects and Chesapeake and Atlantic 3
37+Coastal Bays Restoration and Stream and Floodplain Restoration Funding 4
38+(Whole Watershed Act) 5
39+
40+FOR the purpose of establishing the Stream Restoration Contractors Licensing Board; 6
41+requiring a person to be licensed as a stream restoration contractor or be employed 7
42+by an individual or entity that is licensed as a stream restoration contractor before 8
43+the person performs or solicits to perform stream restoration contractor services in 9
44+the State, subject to a certain exception; requiring the Department of the 10
45+Environment to provide notice of a certain violation to a stream restoration 11
46+contractor; requiring a project applicant seeking authorization for a certain project 12
47+to provide certain notice and hold certain public meetings except under certain 13
48+circumstances; requiring a project applicant to submit certain documentation to the 14
49+Department; authorizing the Department to authorize certain projects in accordance 15 2 SENATE BILL 969
50+
51+
52+with certain requirements; requiring the Department to assess certain 1
53+documentation and actions by a project applicant prior to authorizing certain 2
54+projects; prohibiting the Department from reducing certain monitoring requirements 3
55+for certain projects; requiring that up to a certain amount of funding from the 4
56+Chesapeake and Atlantic Coastal Bays 2010 Trust Fund be used to fund certain 5
57+grants; establishing the Whole Watershed Restoration Partnership to accelerate 6
58+restoration of the Chesapeake and Atlantic Coastal Bays and their watersheds; 7
59+requiring the Secretary of Natural Resources to establish a State management team 8
60+to administer the Partnership; establishing the Whole Watershed Fund as a special, 9
61+nonlapsing fund; requiring interest earnings of the Fund to be credited to the Fund; 10
62+altering the use and purpose of certain funds and accounts to include accelerating 11
63+the restoration of the Chesapeake Bay and Atlantic Coastal Bays and their 12
64+watershed and providing funding for the Fund; authorizing the use of the Waterway 13
65+Improvement Fund for projects that involve the beneficial use of dredged material 14
66+and for certain water quality monitoring; requiring a project applicant seeking 15
67+authorization for a certain project to provide certain notice and hold certain public 16
68+meetings except under certain circumstances; requiring a project applicant to submit 17
69+certain documentation to the Department of the Environment; authorizing the 18
70+Department to authorize certain projects in accordance with certain requirements; 19
71+requiring the Department to assess certain documentation and actions by a project 20
72+applicant prior to authorizing certain projects; prohibiting the Department from 21
73+reducing certain monitoring requirements for certain projects; requiring all persons 22
74+performing or soliciting to perform stream restoration contractor services in the 23
75+State to register with the Department and pay a registration fee on or before a 24
76+certain date; requiring the Department to select certain registrants as the initial 25
77+three licensed stream restoration contractor members of the Stream Restoration 26
78+Contractors Licensing Board; and generally relating to stream and watershed, 27
79+stream, and floodplain restoration in the State. 28
80+
81+BY repealing and reenacting, with amendments, 29
82+ Article – Agriculture 30
83+Section 2–505(a) and (c)(1), 8–702(a), and 8–704(a) 31
84+ Annotated Code of Maryland 32
85+ (2016 Replacement Volume and 2023 Supplement) 33
86+
87+BY repealing and reenacting, with amendments, 34
88+ Article – Business Regulation 35
89+Section 8–301 36
90+ Annotated Code of Maryland 37
91+ (2015 Replacement Volume and 2023 Supplement) 38
92+
93+BY repealing and reenacting, with amendments, 39
94+ Article – Environment 40
95+Section 1–406 41
96+ Annotated Code of Maryland 42
97+ (2013 Replacement Volume and 2023 Supplement) 43
98+ SENATE BILL 969 3
99+
100+
101+BY repealing and reenacting, without amendments, 1
102+ Article – Environment 2
103+Section 9–1605.2(a)(1) and (2) and 9–1605.4(b) 3
104+ Annotated Code of Maryland 4
105+ (2014 Replacement Volume and 2023 Supplement) 5
106+
107+BY repealing and reenacting, with amendments, 6
108+ Article – Environment 7
109+Section 9–1605.2(a)(2) and (i)(2)(xiii) 9–1605.2(i)(2)(xiii) 9–1605.2(a)(2) and 8
110+(i)(2)(xiii) and (xiv) and 9–1605.4(c) and (f) 9
111+ Annotated Code of Maryland 10
112+ (2014 Replacement Volume and 2023 Supplement) 11
113+
114+BY adding to 12
115+ Article – Environment 13
116+Section 9–1605.2(i)(2)(xv); and 18–101 through 18–103 to be under the new title “Title 14
117+18. Stream and Floodplain Restoration Projects” 15
118+ Annotated Code of Maryland 16
119+ (2014 Replacement Volume and 2023 Supplement) 17
120+
121+BY adding to 18
122+ Article – Environment 19
123+Section 9–1605.2(i)(2)(xv); and 18–101 through 18–501 18–601 to be under the new 20
124+title “Title 18. Stream Restoration Contractors” 21
125+ Annotated Code of Maryland 22
126+ (2014 Replacement Volume and 2023 Supplement) 23
127+
128+BY repealing and reenacting, without amendments, 24
129+ Article – Natural Resources 25
130+Section 8–2A–02(a) and (b) and 8–701(a) 26
131+ Annotated Code of Maryland 27
132+ (2023 Replacement Volume and 2023 Supplement) 28
133+
134+BY adding to 29
135+ Article – Natural Resources 30
136+Section 8–2A–02(f)(5); 8–2B–01 through 8–2B–03 to be under the new subtitle 31
137+“Subtitle 2B. Whole Watershed Restoration Partnership and Fund”; and 32
138+8–701(a–1) 33
139+ Annotated Code of Maryland 34
140+ (2023 Replacement Volume and 2023 Supplement) 35
141+
142+BY repealing and reenacting, with amendments, 36
143+ Article – Natural Resources 37
144+Section 8–707(a) and 8–708(b) 38
145+ Annotated Code of Maryland 39
146+ (2023 Replacement Volume and 2023 Supplement) 40
147+ 4 SENATE BILL 969
148+
149+
150+BY repealing and reenacting, without amendments, 1
151+ Article – State Finance and Procurement 2
152+Section 6–226(a)(2)(i) 3
153+ Annotated Code of Maryland 4
154+ (2021 Replacement Volume and 2023 Supplement) 5
155+
156+BY repealing and reenacting, with amendments, 6
157+ Article – State Finance and Procurement 7
158+Section 6–226(a)(2)(ii)189. and 190. 8
159+ Annotated Code of Maryland 9
160+ (2021 Replacement Volume and 2023 Supplement) 10
161+
162+BY adding to 11
163+ Article – State Finance and Procurement 12
164+Section 6–226(a)(2)(ii)191. 13
165+ Annotated Code of Maryland 14
166+ (2021 Replacement Volume and 2023 Supplement) 15
167+
168+BY repealing and reenacting, without amendments, 16
169+ Article – State Government 17
170+Section 8–402 18
171+ Annotated Code of Maryland 19
172+ (2021 Replacement Volume and 2023 Supplement) 20
173+
174+BY adding to 21
175+ Article – State Government 22
176+Section 8–403(62) 23
177+ Annotated Code of Maryland 24
178+ (2021 Replacement Volume and 2023 Supplement) 25
179+
180+BY repealing and reenacting, with amendments, 26
181+ Article – State Government 27
182+Section 8–403(62) through (64) 28
183+ Annotated Code of Maryland 29
184+ (2021 Replacement Volume and 2023 Supplement) 30
185+
186+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
187+That the Laws of Maryland read as follows: 32
188+
189+Article – Agriculture 33
190+
191+2–505. 34
192+
193+ (a) The Maryland Agricultural Land Preservation Fund is created and continued 35
194+for [the]: 36
195+
196+ (1) THE purposes specified in this subtitle; AND 37 SENATE BILL 969 5
197+
198+
199+
200+ (2) ACCELERATING THE REST ORATION OF THE CHESAPEAKE BAY 1
201+AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 2
202+
203+ (c) (1) The Comptroller of the Treasury may not disburse any money from the 3
204+Maryland Agricultural Land Preservation Fund other than: 4
205+
206+ (i) For costs associated with the staffing and administration of the 5
207+Maryland Agricultural Land Preservation Foundation; 6
208+
209+ (ii) For reasonable expenses incurred by the members of the board 7
210+of trustees of the Maryland Agricultural Land Preservation Foundation in the performance 8
211+of official duties; 9
212+
213+ (iii) For consideration in the purchase of agricultural land 10
214+preservation easements beginning with fiscal year 1979 and each fiscal year thereafter, 11
215+INCLUDING TARGETED A CQUISITIONS OF EASEM ENTS OBTAINED IN CON JUNCTION 12
216+WITH ACTIONS AND PRO JECTS UNDER TITLE 8, SUBTITLE 2B OF THE NATURAL 13
217+RESOURCES ARTICLE; 14
218+
219+ (iv) For costs associated with acquisition of agricultural land 15
220+preservation easements approved by the Foundation through the Critical Farms Program, 16
221+as provided in § 2–517 of this subtitle; [and] 17
222+
223+ (v) For the reimbursement of money paid by a landowner for a 18
224+preliminary release of a lot under § 2–513(b)(2) of this subtitle in accordance with 19
225+paragraph (5) of this subsection; AND 20
226+
227+ (VI) TO CONSISTENT IN A MANNER CONSISTEN T WITH THE 21
228+PURPOSES SPECIFIED I N ITEMS (I) THROUGH (V) OF THIS PARAGRAPH , TO PROVIDE 22
229+FUNDING FOR THE WHOLE WATERSHED FUND ESTABLISHED UNDE R § 8–2B–03 OF 23
230+THE NATURAL RESOURCES ARTICLE, INCLUDING FOR PROJEC TS THAT OCCUR ON 24
231+LAND SUBJECT TO AN A GRICULTURAL LAND PRE SERVATION EASEMENT . 25
232+
233+8–702. 26
234+
235+ (a) (1) The General Assembly finds and declares that agriculturally related 27
236+nonpoint sources of water pollution may potentially contribute to the degradation of the 28
237+water resources of this State and that prevention and control efforts have been hampered 29
238+because of the cost and lack of income producing potential in many agricultural practices 30
239+designed to protect water quality. 31
240+
241+ (2) To assist in the implementation of agricultural practices which 32
242+minimize water pollution from erosion, animal wastes, nutrients, and agricultural 33
243+chemicals AND TO ADDRESS THE W ATER POLLUTION IMPAC TS OF AGRICULTURE , a 34 6 SENATE BILL 969
244+
245+
246+cost sharing program between the State and eligible applicants is established for the public 1
247+benefit. 2
248+
249+8–704. 3
250+
251+ (a) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4
252+State cost–sharing funds for a project being considered for State cost–sharing may be made 5
253+available: 6
254+
255+ [(1)] (I) For up to 100% of eligible costs, not to exceed a dollar amount of 7
256+up to $200,000 as determined by a regulation adopted jointly by the Secretary of 8
257+Agriculture and the Secretary of the Environment; and 9
258+
259+ [(2)] (II) If: 10
260+
261+ [(i)] 1. The Department of Agriculture, the soil conservation 11
262+district, and a person have executed an agreement which, among other things, obligates 12
263+the person to: 13
264+
265+ [1.] A. Establish, construct, or install the best 14
266+management practice or fixed natural filter practice in accordance with technical 15
267+specifications; 16
268+
269+ [2.] B. Maintain the best management practice or fixed 17
270+natural filter practice for its expected life span; and 18
271+
272+ [3.] C. Provide the required matching funds, if any, for the 19
273+project; 20
274+
275+ [(ii)] 2. The Board of Public Works has given approval to the 21
276+project when the proceeds of State bonds are to be used to finance the State share; and 22
277+
278+ [(iii)] 3. The soil conservation district has certified to the 23
279+Department that the project meets all applicable technical standards, and that all 24
280+submitted invoices properly represent eligible costs. 25
281+
282+ (2) CONSISTENT WITH THE R EQUIREMENTS OF THIS SECTION, STATE 26
283+COST–SHARING FUNDS MAY BE MADE AVAILABLE TO FU ND THE WHOLE WATERSHED 27
284+FUND ESTABLISHED UNDE R § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 28
285+
286+ (3) A reduction in State cost–sharing rates for riparian forest buffers, 29
287+riparian herbaceous cover, wetland restoration, or pasture management may not be based 30
288+on tons of soil saved or an amortization formula. 31
289+ SENATE BILL 969 7
290+
291+
292+ (4) State cost–sharing rates for pasture management shall be based on the 1
293+applicable rate established by the U.S. Department of Agriculture’s Environmental Quality 2
294+Incentives Program. 3
295+
296+ (5) State cost–sharing rates paid for the planting of multiple species of 4
297+cover crops shall equal or exceed the rates paid for the planting of a single species of cover 5
298+crop. 6
299+
300+ (6) (i) 1. Except as authorized under subsubparagraph 2 of this 7
301+subparagraph and before the Department of Agriculture executes a cost –sharing 8
302+agreement with a farm tenant, it shall obtain the consent of the landlord to the terms and 9
303+conditions of the agreement. 10
304+
305+ 2. The Department may execute the agreement without the 11
306+consent of the landlord if: 12
307+
308+ A. The agreement concerns a short –term project that 13
309+involves only the planting of a cover crop; and 14
310+
311+ B. The Department has sent by first–class mail written 15
312+notice of a cover crop project to the landlord at least 10 calendar days before executing the 16
313+agreement for the first cover crop project during the term of the lease. 17
314+
315+ (ii) The Department may also require the granting to the State of an 18
316+appropriate security interest in any equipment, structures or similar items purchased with 19
317+State money. 20
318+
319+ (7) A cost–sharing agreement executed as required under this subtitle may 21
320+be assigned and transferred to a successor in title of all or part of a tract of land subject to 22
321+a best management practice. 23
322+
323+Article – Business Regulation 24
324+
325+8–301. 25
326+
327+ (a) Except as otherwise provided in this title, a person must have a contractor 26
328+license whenever the person acts as a contractor in the State. 27
329+
330+ (b) Except as otherwise provided in this title, a person must have a salesperson 28
331+license or contractor license whenever the person sells a home improvement in the State. 29
332+
333+ (c) This section does not apply to: 30
334+
335+ (1) an individual who works for a contractor for a salary or wages but who 31
336+is not a salesperson for the contractor; 32
337+ 8 SENATE BILL 969
338+
339+
340+ (2) a clerical employee, retail clerk, or other employee of a licensed 1
341+contractor who is not a salesperson, as to a transaction on the premises of the licensed 2
342+contractor; 3
343+
344+ (3) a solicitor for a contractor who calls an owner by telephone only; 4
345+
346+ (4) an architect, electrician, plumber, heating, ventilation, 5
347+air–conditioning, or refrigeration contractor, or other person who: 6
348+
349+ (i) is required by State or local law to meet standards of competency 7
350+or experience before engaging in an occupation or profession; 8
351+
352+ (ii) currently is licensed in that occupation or profession under State 9
353+or local law; and 10
354+
355+ (iii) is: 11
356+
357+ 1. acting only within the scope of that occupation or 12
358+profession; or 13
359+
360+ 2. installing a central heating or air–conditioning system; 14
361+
362+ (5) a security systems technician licensed under Title 18 of the Business 15
363+Occupations and Professions Article; 16
364+
365+ (6) a marine contractor licensed under Title 17, Subtitle 3 of the 17
366+Environment Article; [or] 18
367+
368+ (7) A STREAM RESTORATION CONTRACTOR LICENSED UNDER TITLE 19
369+18, SUBTITLE 3 OF THE ENVIRONMENT ARTICLE; OR 20
370+
371+ [(7)] (8) a person who is selling a home improvement to be performed by 21
372+a person described in item (4) of this subsection. 22
373+
374+Article – Environment 23
375+
376+1–406. 24
377+
378+ The following units, among other units, are included in the Department: 25
379+
380+ (1) Air Quality Control Advisory Council; 26
381+
382+ (2) Hazardous Substances Advisory Council; 27
383+
384+ (3) Radiation Control Advisory Board; 28
385+ SENATE BILL 969 9
386+
387+
388+ (4) Science and Health Advisory Group; 1
389+
390+ (5) Board of Waterworks and Waste System Operators; 2
391+
392+ (6) Board of Well Drillers; 3
393+
394+ (7) Hazardous Waste Facilities Siting Board; 4
395+
396+ (8) Marine Contractors Licensing Board; [and] 5
397+
398+ (9) Board of On–Site Wastewater Professionals; AND 6
399+
400+ (10) STREAM RESTORATION CONTRACTORS LICENSING BOARD. 7
401+
402+9–1605.2. 8
403+
404+ (a) (1) There is a Bay Restoration Fund. 9
405+
406+ (2) It is the intent of the General Assembly that the Bay Restoration Fund 10
407+be: 11
408+
409+ (i) Used, in part, to provide the funding necessary to upgrade any of 12
410+the wastewater treatment facilities that are located in the State or used by citizens of the 13
411+State in order to achieve enhanced nutrient removal where it is cost–effective to do so; [and] 14
412+
413+ (ii) Available for treatment facilities discharging into the Atlantic 15
414+Coastal Bays or other waters of the State, but that priority be given to treatment facilities 16
415+discharging into the Chesapeake Bay; AND 17
416+
417+ (III) USED TO ACCELERATE TH E RESTORATION OF T HE 18
418+CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS; AND 19
419+
420+ (III) USED TO ACCELERATE TH E RESTORATION OF THE 20
421+CHESAPEAKE BAY AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 21
422+
423+ (i) (2) Funds in the Bay Restoration Fund shall be used only: 22
424+
425+ (xiii) After funding any eligible costs identified under item (iv)1 and 2 23
426+of this paragraph, for transfers to the Clean Water Commerce Account in accordance with 24
427+paragraph (3) of this subsection; [and] 25
428+
429+ (xiv) After funding any eligible costs identified under item (iv)1 and 2 26
430+of this paragraph, for the transfers required under paragraph (11) of this subsection; AND 27
431+ 10 SENATE BILL 969
432+
433+
434+ (XV) TO AFTER FUNDING ANY ELI GIBLE COSTS IDENTIFI ED 1
435+UNDER ITEM (IV)1 AND 2 OF THIS PARAGRAPH , TO FUND THE WHOLE WATERSHED 2
436+FUND ESTABLISHED UNDER § 8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 3
437+
438+9–1605.4. 4
439+
440+ (b) There is a Clean Water Commerce Account. 5
441+
442+ (c) The purpose of the Account is to [purchase]: 6
443+
444+ (1) PURCHASE environmental outcomes in support of the State’s efforts to 7
445+achieve the Chesapeake Bay TMDL; AND 8
446+
447+ (2) ACCELERATE RESTORATIO N OF THE CHESAPEAKE BAY AND 9
448+ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 10
449+
450+ (f) (1) Subject to the provisions of this subsection, the Account may be used 11
451+only for the purchase of cost–effective environmental outcomes that: 12
452+
453+ (i) Support the State’s efforts to achieve the Chesapeake Bay 13
454+TMDL; and 14
455+
456+ (ii) Have an expected life of at least 10 years. 15
457+
458+ (2) Except as provided in paragraph (3) of this subsection, in each fiscal 16
459+year: 17
460+
461+ (i) At least 35% shall be used to procure environmental outcomes 18
462+from agricultural practices, with priority given to projects that are: 19
463+
464+ 1. A fixed natural filter practice, as defined in § 8–701 of the 20
465+Agriculture Article; or 21
466+
467+ 2. An agricultural ditch management practice, as defined by 22
468+the Chesapeake Bay Program; 23
469+
470+ (ii) At least 20% shall be used to procure environmental outcomes 24
471+from projects, including stormwater management and green infrastructure projects, 25
472+established in communities disproportionately burdened by environmental harms and risks 26
473+as identified by the Department in consultation with the Commission on Environmental 27
474+Justice and Sustainable Communities; and 28
475+
476+ (iii) At least 10% shall be used to procure environmental outcomes 29
477+from nonagricultural landscape restoration projects that take into consideration the 30
478+project’s ecological suitability, including the hydrological conditions and other physical 31
479+characteristics of the location at which the project will be implemented. 32 SENATE BILL 969 11
480+
481+
482+
483+ (3) Any unencumbered funds not used t o purchase environmental 1
484+outcomes as specified under paragraph (2) of this subsection are: 2
485+
486+ (i) No longer subject to the allocation requirements specified under 3
487+paragraph (2) of this subsection; and 4
488+
489+ (ii) Available for use consistent with this section in subsequent fiscal 5
490+years, INCLUDING TO FUND TH E WHOLE WATERSHED FUND ESTABLISHED UNDE R § 6
491+8–2B–03 OF THE NATURAL RESOURCES ARTICLE. 7
492+
493+ (4) A project may include environmental outcomes from one or more of the 8
494+project types specified under paragraph (2) of this subsection. 9
495+
496+TITLE 18. STREAM RESTORATION CONTRACTORS . 10
497+
498+SUBTITLE 1. DEFINITIONS. 11
499+
500+18–101. 12
501+
502+ (A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 13
503+INDICATED. 14
504+
505+ (B) “BOARD” MEANS THE STREAM RESTORATION CONTRACTORS 15
506+LICENSING BOARD. 16
507+
508+ (C) “ENTITY” MEANS A BUSINESS WIT H ITS PRINCIPAL OFFI CE IN THE 17
509+STATE THAT EMPLOYS MO RE THAN ONE INDIVIDU AL TO PROVIDE STREAM 18
510+RESTORATION CONTRACT OR SERVICES IN THE STATE. 19
511+
512+ (D) “LICENSE” MEANS A PROFESSIONAL LICENSE ISSUED BY TH E BOARD TO 20
513+AN INDIVIDUAL OR ENT ITY TO PER FORM STREAM RESTORAT ION CONTRACTOR 21
514+SERVICES IN THE STATE. 22
515+
516+ (E) “LICENSED STREAM RESTO RATION CONTRACTOR ” MEANS AN 23
517+INDIVIDUAL OR ENTITY THAT HAS RECEIVED A LICENSE FROM THE BOARD TO 24
518+PERFORM STREAM RESTO RATION CONTRACTOR SE RVICES. 25
519+
520+ (F) (1) “STREAM RESTORATION CONTRACT OR SERVICES ” MEANS 26
521+CONSTRUCTION , DEMOLITION, INSTALLATION, ALTERATION, OR REPAIR, OR 27
522+SALVAGE ACTIVITIES LOCATED I N, ON, OR UNDER STATE OR PRIVATE STRE AMS OR 28
523+NONTIDAL WETLANDS WATERWAYS , INCLUDING THE 100–YEAR FLOODPLAIN , WITH 29
524+THE GOAL O F IMPROVING THE IN –STREAM STABILITY , HYDROLOGY , HYDRAULICS, 30
525+MORPHOLOGY , SUBSTRATE WATER QUAL ITY, OR ECOSYSTEM FUNCTIO N. 31
526+ 12 SENATE BILL 969
527+
528+
529+ (2) “STREAM RESTORATION CO NTRACTOR SERVICES ” INCLUDES: 1
530+
531+ (I) IN–STREAM STRUCTURE INS TALLATION; 2
532+
533+ (II) STREAM CHANNEL RELOCA TION; 3
534+
535+ (III) STREAM BANK STABILIZA TION; 4
536+
537+ (IV) INFRASTRUCTURE PROTEC TION; 5
538+
539+ (V) HABITAT CREATION ECOLOGICAL RESTORATIO N, 6
540+INCLUDING THE INSTAL LATION OF STRUCTURES TO CREATE OR ENHANCE HABITAT; 7
541+
542+ (VI) FLOOR FLOOD PROTECTION ; AND 8
543+
544+ (VII) (V) STREAM CHANNEL FILLING . 9
545+
546+SUBTITLE 2. STREAM RESTORATION CONTRACTORS LICENSING BOARD. 10
547+
548+18–201. 11
549+
550+ (A) THERE IS A STREAM RESTORATION CONTRACTORS LICENSING BOARD 12
551+IN THE DEPARTMENT . 13
552+
553+ (B) SUBJECT TO THE PROVIS IONS OF THIS TITLE , THE BOARD IS 14
554+RESPONSIBLE FOR THE LICENSING AND REGULA TION OF INDIVIDUALS AND 15
555+ENTITIES THAT PROVID E STREAM RESTORATION CONTRACTOR SERVICES IN THE 16
556+STATE. 17
557+
558+18–202. 18
559+
560+ (A) (1) THE BOARD CONSISTS OF SEV EN NINE MEMBERS APPOINTED BY 19
561+THE GOVERNOR, WITH THE ADVICE OF T HE SECRETARY AND WITH TH E ADVICE AND 20
562+CONSENT OF THE SENATE. 21
563+
564+ (2) OF THE SEVEN NINE MEMBERS: 22
565+
566+ (I) ONE SHALL BE EMPLOYED BY THE DEPARTMENT ; 23
567+
568+ (II) ONE SHALL BE EMPLOYED BY THE DEPARTMENT OF 24
569+NATURAL RESOURCES; 25
570+ SENATE BILL 969 13
571+
572+
573+ (III) THREE SHALL BE LICENS ED STREAM RESTORATIO N 1
574+CONTRACTORS , EACH REPRESENTING A DIFFERENT COUNTY IN THE STATE AS 2
575+FOLLOWS: 3
576+
577+ 1. ONE FROM: 4
578+
579+ A. BALTIMORE CITY; 5
580+
581+ B. ANNE ARUNDEL COUNTY; 6
582+
583+ C. BALTIMORE COUNTY; 7
584+
585+ D. CALVERT COUNTY; 8
586+
587+ E. CHARLES COUNTY; 9
588+
589+ F. HARFORD COUNTY; 10
590+
591+ G. PRINCE GEORGE’S COUNTY; OR 11
592+
593+ H. ST. MARY’S COUNTY; 12
594+
595+ 2. ONE FROM: 13
596+
597+ A. ALLEGANY COUNTY; 14
598+
599+ B. CARROLL COUNTY; 15
600+
601+ C. FREDERICK COUNTY; 16
602+
603+ D. GARRETT COUNTY; 17
604+
605+ E. HOWARD COUNTY; 18
606+
607+ F. MONTGOMERY COUNTY; OR 19
608+
609+ G. WASHINGTON COUNTY; AND 20
610+
611+ 3. ONE FROM: 21
612+
613+ A. CAROLINE COUNTY; 22
614+
615+ B. CECIL COUNTY; 23
616+
617+ C. DORCHESTER COUNTY; 24 14 SENATE BILL 969
618+
619+
620+
621+ D. KENT COUNTY; 1
622+
623+ E. QUEEN ANNE’S COUNTY; 2
624+
625+ F. SOMERSET COUNTY; 3
626+
627+ G. TALBOT COUNTY; 4
628+
629+ H. WICOMICO COUNTY; OR 5
630+
631+ I. WORCESTER COUNTY; AND 6
632+
633+ (IV) TWO SHALL BE PRIVATE CITIZENS , APPOINTED AT LARGE , 7
634+WHO REPRESENT DIVERS E INTERESTS AND DIFFERENT COUNTI ES IN THE STATE AS 8
635+FOLLOWS: 9
636+
637+ 1. ONE FROM: 10
638+
639+ A. BALTIMORE CITY; 11
640+
641+ B. ALLEGANY COUNTY; 12
642+
643+ C. ANNE ARUNDEL COUNTY; 13
644+
645+ D. CARROLL COUNTY; 14
646+
647+ E. BALTIMORE COUNTY; 15
648+
649+ F. FREDERICK COUNTY; 16
650+
651+ G. GARRETT COUNTY; 17
652+
653+ H. HARFORD COUNTY; 18
654+
655+ I. HOWARD COUNTY; 19
656+
657+ J. MONTGOMERY COUNTY; 20
658+
659+ K. PRINCE GEORGE’S COUNTY; OR 21
660+
661+ L. WASHINGTON COUNTY; AND 22
662+
663+ 2. ONE FROM: 23
664+ SENATE BILL 969 15
665+
666+
667+ A. CALVERT COUNTY; 1
668+
669+ B. CAROLINE COUNTY; 2
670+
671+ C. CECIL COUNTY; 3
672+
673+ D. CHARLES COUNTY; 4
674+
675+ E. DORCHESTER COUNTY; 5
676+
677+ F. KENT COUNTY; 6
678+
679+ G. QUEEN ANNE’S COUNTY; 7
680+
681+ H. SOMERSET COUNTY; 8
682+
683+ I. ST. MARY’S COUNTY; 9
684+
685+ J. TALBOT COUNTY; 10
686+
687+ K. WICOMICO COUNTY; OR 11
688+
689+ L. WORCESTER COUNTY.; AND 12
690+
691+ (V) TWO SHALL REPRESENT L OCAL GOVERNMENT . 13
692+
693+ (B) BEFORE TAKING OFFICE , EACH APPOINTEE TO TH E BOARD SHALL TAKE 14
694+THE OATH REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 15
695+
696+ (C) (1) THE TERM OF A MEMBER OF THE BOARD IS 3 YEARS. 16
697+
698+ (2) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 17
699+A SUCCESSOR IS APPOI NTED AND QUALIFIES . 18
700+
701+ (3) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 19
702+ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 20
703+QUALIFIES. 21
704+
705+ (D) THE GOVERNOR MAY REMOVE A MEMBER FROM THE BOARD FOR 22
706+INCOMPETENCE , MISCONDUCT , NEGLECT OF DUTY , OR OTHER SUFFICIENT CAUSE. 23
707+
708+18–203. 24
709+
710+ (A) EACH YEAR, THE BOARD SHALL ELECT A C HAIR, VICE CHAIR, AND 25
711+SECRETARY FROM AMONG ITS MEMBERS. 26 16 SENATE BILL 969
712+
713+
714+
715+ (B) THE BOARD SHALL DETERMINE THE MANNER OF THE EL ECTION OF 1
716+OFFICERS. 2
717+
718+18–204. 3
719+
720+ (A) THE BOARD SHALL MEET AT L EAST TWICE A YEAR , AT THE TIMES AND 4
721+PLACES THAT THE BOARD DETERMINES . 5
722+
723+ (B) EACH MEMBER OF THE BOARD IS ENTITLED TO REIMBURSEMENT FOR 6
724+EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN 7
725+THE STATE BUDGET . 8
726+
727+ (C) THE BOARD MAY EMPLOY STAF F IN ACCORDANCE WITH THE STATE 9
728+BUDGET. 10
729+
730+18–205. 11
731+
732+ (A) THE BOARD MAY: 12
733+
734+ (1) AS NECESSARY, OBTAIN ASSISTANCE FR OM THE DEPARTMENT TO 13
735+CARRY OUT AND ENFORC E THE PROVISIONS OF THIS TITLE; AND 14
736+
737+ (2) MAKE INQUIRIES AND CO NDUCT AN INVESTIGATI ON REGARDING 15
738+ANY APPLICANT FOR A LICENSE. 16
739+
740+ (B) THE BOARD SHALL: 17
741+
742+ (1) RECOMMEND REGULATIONS FOR ADOPTION BY THE SECRETARY 18
743+THAT: 19
744+
745+ (I) ESTABLISH LICENSING S TANDARDS FOR STREAM 20
746+RESTORATION CONTRACTORS ; AND 21
747+
748+ (II) CARRY OUT THE PROVISI ONS OF THIS TITLE; 22
749+
750+ (2) COLLECT AND ACCOUNT F OR THE FEES PROVIDED FOR UNDER 23
751+THIS TITLE; AND 24
752+
753+ (3) KEEP A CURRENT RECORD OF ALL INDIVIDUALS A ND ENTITIES 25
754+LICENSED UNDER THIS TITLE, INCLUDING: 26
755+
756+ (I) THE NAME S OF INDIVIDUALS AND ENTITIES THAT ARE 27
757+LICENSED; 28 SENATE BILL 969 17
758+
759+
760+
761+ (II) THE ISSUANCE AND EXPI RATION DATES OF THE LICENSES; 1
762+AND 2
763+
764+ (III) ANY OTHER INFORMATION THAT THE BOARD CONSIDERS 3
765+APPROPRIATE . 4
766+
767+18–206. 5
768+
769+ (A) (1) THE BOARD SHALL SET REASO NABLE FEES FOR THE I SSUANCE 6
770+AND RENEWAL OF LICEN SES AND OTHER SERVIC ES THAT THE BOARD PROVIDES . 7
771+
772+ (2) THE FEES IMPOSED BY T HE BOARD SHALL BE SET SO AS TO 8
773+PRODUCE FUNDS TO APP ROXIMATE THE COSTS O F MAINTAINING THE BOARD. 9
774+
775+ (B) THE BOARD SHALL PAY ALL F UNDS COLLECTED UNDER THIS TITLE 10
776+INTO THE WETLANDS AND WATERWAYS PROGRAM FUND UNDER § 5–203.1 OF THIS 11
777+ARTICLE FOR THE ADMI NISTRATION OF THE BOARD. 12
778+
779+SUBTITLE 3. LICENSING. 13
780+
781+18–301. 14
782+
783+ (A) EXCEPT AS PROVIDED IN THIS SECTION AND § 18–306 OF THIS 15
784+SUBTITLE, A PERSON SHALL BE LI CENSED BY THE BOARD AS A STREAM 16
785+RESTORATION CONTRACT OR OR BE EMPLOYED BY AN INDIVIDUAL OR ENT ITY THAT 17
786+IS LICENSED AS A STR EAM RESTORATION CONT RACTOR BEFORE THE PE RSON MAY: 18
787+
788+ (1) PERFORM STREAM RESTOR ATION CONTRACTOR SER VICES IN THE 19
789+STATE; OR 20
790+
791+ (2) SOLICIT TO PERFORM STREAM RESTORATION C ONTRACTOR 21
792+SERVICES IN THE STATE. 22
793+
794+ (B) AN INDIVIDUAL OR ENTI TY MAY QUALIFY FOR A LICENSE. 23
795+
796+ (C) AN INDIVIDUAL WHO IS EMPLOYED BY AN AGENC Y OF THE FEDERAL 24
797+GOVERNMENT , A LOCAL GOVERNMENT , OR THE STATE MAY PERFORM STR EAM 25
798+RESTORATION CONTRA CTOR SERVICES WHILE IN THE PERFORMANCE O F THE 26
799+DUTIES OF THEIR EMPL OYMENT WITHOUT HAVIN G TO OBTAIN A LICENS E FROM THE 27
800+BOARD UNDER THIS TITL E. 28
801+
802+ (D) A RESIDENTIAL OR COMME RCIAL PROPERTY OWNER MAY PERFORM 29
803+STREAM RESTORATION C ONTRACTOR SERVICES O N THE PROPERTY OWNER’S OWN 30 18 SENATE BILL 969
804+
805+
806+PROPERTY WITHOUT HAV ING TO OBTAIN A LICE NSE FROM THE BOARD UNDER THIS 1
807+TITLE. 2
808+
809+18–302. 3
810+
811+ (A) TO QUALIFY FOR A LICE NSE, AN APPLICANT SHALL M EET THE 4
812+REQUIREMENTS OF THIS SECTION AND ANY REGU LATIONS ADOPTED UNDE R THIS 5
813+SECTION. 6
814+
815+ (B) IF THE APPLICANT IS AN ENTI TY, THE ENTITY SHALL APP OINT A 7
816+MEMBER OF THE ENTITY AS THE REPRESENTATIV E MEMBER TO MAKE THE 8
817+APPLICATION ON BEHAL F OF THE ENTITY. 9
818+
819+ (C) AN INDIVIDUAL APPLICA NT OR, IF THE APPLICANT IS AN ENTITY, THE 10
820+REPRESENTATIVE MEMBE R SHALL: 11
821+
822+ (1) HAVE AT LEAST 2 YEARS OF EXPERIENCE AS A FULL–TIME 12
823+STREAM RESTORATION C ONTRACTOR OR DEMONST RATE SIMILAR CONTRAC TOR 13
824+EXPERIENCE; 14
825+
826+ (2) PASS A WRITTEN STREAM RESTORATION CONTRACT OR TEST 15
827+RECOGNIZED BY THE SECRETARY AND PREPARE D IN CONSULTATION WI TH THE 16
828+BOARD OF THE MARYLAND STREAM RESTORATION ASSOCIATION; 17
829+
830+ (3) BE REGISTERED AND IN GOOD STANDING WITH T HE STATE 18
831+DEPARTMENT OF ASSESSMENTS AND TAXATION; 19
832+
833+ (4) IF APPLICABLE , HAVE RESOLVED ALL NO TICES OF VIOLATION 20
834+FROM THE DEPARTMENT , THE DEPARTMENT OF NATURAL RESOURCES, THE U.S. 21
835+ARMY CORPS OF ENGINEERS, AND THE U.S. ENVIRONMENTAL PROTECTION 22
836+AGENCY; 23
837+
838+ (5) HAVE A FEDERAL TAX ID ENTIFICATION NUMBER ; AND 24
839+
840+ (6) CARRY: 25
841+
842+ (I) COMMERCIAL GENERAL LI ABILITY INSURANCE WI TH A 26
843+$1,000,000 TOTAL AGGREGATE MINI MUM; AND 27
844+
845+ (II) WORKERS’ COMPENSATION INSURAN CE, UNLESS EXEMPT 28
846+BY LAW. 29
847+
848+18–303. 30
849+ SENATE BILL 969 19
850+
851+
852+ (A) (1) TO APPLY FOR A LICENS E, AN APPLICANT SHALL : 1
853+
854+ (I) SUBMIT TO THE BOARD AN APPLICATION ON THE FORM 2
855+THAT THE BOARD PROVIDES ; 3
856+
857+ (II) SUBMIT THE DOCUMENTS REQUIRED UNDER THIS SECTION; 4
858+AND 5
859+
860+ (III) PAY TO THE BOARD AN A REQUIRED APPLICATION FEE OF 6
861+$500 IN AN AMOUNT SET BY THE BOARD. 7
862+
863+ (2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER 8
864+SHALL COMPLETE THE A PPLICATION FORM AND OTHERWISE BE RESPONS IBLE FOR 9
865+THE ENTITY’S COMPLIANCE WITH TH IS SECTION. 10
866+
867+ (B) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE APPLICATION FORM 11
868+PROVIDED BY THE BOARD SHALL REQUIRE : 12
869+
870+ (I) THE NAME OF THE APPLI CANT; 13
871+
872+ (II) THE ADDRESS OF THE AP PLICANT; AND 14
873+
874+ (III) THE CURRENT AND PREVI OUS EMPLOYMENT OF TH E 15
875+APPLICANT RELEVANT T O THE FIELD OF STREA M RESTORATION CONTRA CTING. 16
876+
877+ (2) IF THE APPLICANT IS A N ENTITY, THE APPLICATION FORM 17
878+PROVIDED BY THE BOARD SHALL REQUIRE : 18
879+
880+ (I) A LIST OF THE ENTITY ’S OWNERS; AND 19
881+
882+ (II) FOR EACH ENTITY OWNER , THE SAME INFORMATION 20
883+REQUIRED REGARDING A N INDIVIDUAL APPLICA NT UNDER PARAGRAPH (1) OF THIS 21
884+SUBSECTION. 22
885+
886+ (3) FOR ALL APPLICANTS , THE APPLICATION FORM SHALL REQUIRE : 23
887+
888+ (I) THE ADDRESS OF THE AP PLICANT’S PROPOSED PRINCIPA L 24
889+PLACE OF BUSINESS AN D OF EACH PROPOSED B RANCH OFFICE ; 25
890+
891+ (II) ALL TRADE OR FICTITIO US NAMES THAT THE AP PLICANT 26
892+INTENDS TO USE WHILE PERFORMING STREAM RE STORATION CONTRACTOR 27
893+SERVICES; AND 28
894+ 20 SENATE BILL 969
895+
896+
897+ (III) AS THE BOARD CONSIDERS APPRO PRIATE, ANY OTHER 1
898+INFORMATION TO ASSIS T IN THE EVALUATION OF: 2
899+
900+ 1. AN INDIVIDUAL APPLICA NT; OR 3
901+
902+ 2. IF THE APPLICANT IS A N ENTITY, ANY ENTITY 4
903+MEMBER. 5
904+
905+ (C) THE APPLICATION FORM PROVIDED BY THE BOARD SHALL CONTAIN A 6
906+STATEMENT ADVISING T HE APPLICANT OF THE PENALTIES PRO VIDED UNDER § 7
907+18–403 OF THIS TITLE FOR A VIOLATION OF THIS TI TLE. 8
908+
909+ (D) (1) IF THE APPLICANT IS A N INDIVIDUAL, THE INDIVIDUAL SHALL 9
910+SIGN THE APPLICATION FORM UNDER OATH . 10
911+
912+ (2) IF THE APPLICANT IS A N ENTITY, THE REPRESENTATIVE M EMBER 11
913+OF THE ENTITY SHALL : 12
914+
915+ (I) SIGN THE APPLICATION FORM UNDER OATH ; AND 13
916+
917+ (II) PROVIDE PROOF TO THE BOARD THAT THE 14
918+REPRESENTATIVE MEMBE R IS A MEMBER OF THE ENTITY. 15
919+
920+ (E) AN APPLICANT FOR A LI CENSE SHALL SUBMIT W ITH THE APPLICATION 16
921+PROOF OF THE INSURAN CE REQUIRED UNDER § 18–302(C)(6) OF THIS SUBTITLE. 17
922+
923+18–304. 18
924+
925+ THE BOARD MAY NOT ISSUE A LICENSE TO AN APPLIC ANT WHOSE TRADE OR 19
926+FICTITIOUS NAME OR T RADEMARK IS SO SIMIL AR TO THAT USED BY A NOTHER 20
927+LICENSEE THAT THE PU BLIC MAY BE CONFUSED OR MISLED BY THE SIM ILARITY. 21
928+
929+18–305. 22
930+
931+ (A) THE BOARD SHALL ISSUE A L ICENSE THAT IS VALID FOR 2 YEARS TO ANY 23
932+APPLICANT WHO MEETS THE REQUIREMENTS OF THIS TITLE AND ANY R EGULATION 24
933+ADOPTED UNDER THIS T ITLE. 25
934+
935+ (B) THE BOARD SHALL INCLUDE O N EACH LICENSE THAT THE BOARD 26
936+ISSUES: 27
937+
938+ (1) THE FULL NAME OF THE LICENSEE; 28
939+
940+ (2) THE LICENSE NUMBER ; 29 SENATE BILL 969 21
941+
942+
943+
944+ (3) THE LOCATION OF THE P RINCIPAL OFFICE AND OF EACH BRANCH 1
945+OFFICE IF THE LICENS EE IS AN ENTITY; 2
946+
947+ (4) THE DATE OF ISSUANCE OF THE LICENSE; 3
948+
949+ (5) THE DATE ON WHICH THE LICENSE EXPIRES ; AND 4
950+
951+ (6) THE NAME OF THE REPRESENTATIVE MEMBE R IF THE LICENSEE 5
952+IS AN ENTITY. 6
953+
954+18–306. 7
955+
956+ WHILE A LICENSE TO AN ENTITY IS IN EFFECT, THE LICENSE AUTHORIZ ES THE 8
957+ENTITY TO: 9
958+
959+ (1) EMPLOY AS STREAM REST ORATION CONTRACTORS INDIVIDUALS 10
960+WHO ARE NOT LICENSED STREAM RESTORATION C ONTRACTORS TO PROVIDE 11
961+STREAM RESTORATION C ONTRACTOR SERVICES T O THE PUBLIC ON BEHA LF OF THE 12
962+LICENSEE; AND 13
963+
964+ (2) REPRESENT ITSELF TO T HE PUBLIC AS A LICEN SED STREAM 14
965+RESTORATION CONTRACT OR ENTITY. 15
966+
967+18–307. 16
968+
969+ A LICENSED STREAM REST ORATION CONTRACTOR S HALL: 17
970+
971+ (1) INCLUDE THE CONTRACTOR ’S STREAM RESTORATION 18
972+CONTRACTOR LICENSE N UMBER IN ALL ADVERTI SING RELATED TO THE PROVISION 19
973+OF STREAM RESTORATIO N CONTRACTOR SERVICE S; AND 20
974+
975+ (2) PROMINENTLY DISPLAY T HE CONTRACTOR ’S STREAM 21
976+RESTORATION CONTRACT OR LICENSE NUMBER ON ALL LARGE EQUIPMENT USED IN 22
977+THE COURSE OF THE LI CENSEE’S WORK AS A STREAM R ESTORATION CONTRACTO R. 23
978+
979+18–308. 24
980+
981+ (A) THE SECRETARY SHALL ADOPT REGULATIONS TO STAGG ER THE TERMS 25
982+OF THE LICENSES . 26
983+
984+ (B) A LICENSE EXPIRES ON T HE DATE THE SECRETARY SETS , IN 27
985+ACCORDANCE W ITH SUBSECTION (A) OF THIS SECTION. 28
986+ 22 SENATE BILL 969
987+
988+
989+ (C) AT LEAST 2 MONTHS BEFORE A LICE NSE EXPIRES, THE BOARD SHALL 1
990+SEND TO THE LICENSEE , BY FIRST–CLASS MAIL OR AND ELECTRONICALLY , TO THE 2
991+LAST KNOWN ADDRESS O F THE LICENSEE: 3
992+
993+ (1) A RENEWAL APPLICATION FORM; AND 4
994+
995+ (2) A NOTICE THAT STATES : 5
996+
997+ (I) THE DATE ON WHICH THE CURRENT LICENSE EXPI RES; 6
998+
999+ (II) THE DATE BY WHICH THE BOARD MUST RECEIVE TH E 7
1000+RENEWAL APPLICATION FOR THE RENEWAL TO B E ISSUED AND MAILED BEFORE THE 8
1001+LICENSE EXPIRES ; AND 9
1002+
1003+ (III) THE AMOUNT OF THE REN EWAL FEE. 10
1004+
1005+ (D) BEFORE A LICENSE EXPI RES, THE LICENSEE MAY REN EW THE LICENSE 11
1006+FOR AN ADDITIONAL 2–YEAR TERM IF THE LIC ENSEE: 12
1007+
1008+ (1) IS OTHERWISE ENTITLED TO BE LICENSED; 13
1009+
1010+ (2) PAYS TO THE BOARD: 14
1011+
1012+ (I) THE REQUIRED RENEWAL FEE SET BY THE BOARD; AND 15
1013+
1014+ (II) ANY OUTSTANDING FEES ; AND 16
1015+
1016+ (3) SUBMITS TO THE BOARD: 17
1017+
1018+ (I) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE 18
1019+CONTINUING EDUCATION REQUIREMENTS ESTABLI SHED UNDER SUBSECTIO N (E) OF 19
1020+THIS SECTION; 20
1021+
1022+ (II) SATISFACTORY EVIDENCE OF COMPLIANCE WITH T HE 21
1023+INSURANCE REQUIREMENTS ESTABLI SHED UNDER § 18–302(C)(6) OF THIS 22
1024+SUBTITLE; 23
1025+
1026+ (III) SATISFACTORY EVIDENCE OF THE RESOLUTION OF ANY 24
1027+LICENSE VIOLATIONS , SUSPENSIONS, DENIALS, REVOCATIONS , OR OTHER BOARD 25
1028+ACTIONS TAKEN UNDER THIS TITLE; AND 26
1029+
1030+ (IV) A RENEWAL APPLICATION ON THE F ORM THAT THE BOARD 27
1031+PROVIDES. 28
1032+ SENATE BILL 969 23
1033+
1034+
1035+ (E) (1) A LICENSEE SHALL COMPL ETE 12 HOURS OF CONTINUING 1
1036+EDUCATION INSTRUCTIO N COVERING STREAM RE STORATION CONTRACTOR 2
1037+SUBJECT MATTER APPRO VED BY THE BOARD. 3
1038+
1039+ (2) (I) THE BOARD SHALL APPROVE T HE SUBSTANCE AND FORM 4
1040+OF A CONTINUING EDUC ATION COURSE IF THE COURSE IS: 5
1041+
1042+ 1. OFFERED BY A QUALIFIE D INSTRUCTOR ; OR 6
1043+
1044+ 2. CONDUCTED BY AN EDUCA TIONAL INSTITUTION 7
1045+APPROVED BY THE BOARD. 8
1046+
1047+ (II) THE LICENSEE IS RESPO NSIBLE FOR THE COST OF ANY 9
1048+CONTINUING EDUCATION COURSE. 10
1049+
1050+ (F) THE BOARD SHALL RENEW THE LICENSE OF EACH LICE NSEE THAT 11
1051+MEETS THE REQUIREMEN TS OF THIS SECTION . 12
1052+
1053+18–309. 13
1054+
1055+ WITHIN 5 DAYS AFTER THE CHANG E, A LICENSEE SHALL SUB MIT TO THE 14
1056+BOARD WRITTEN NOTICE OF: 15
1057+
1058+ (1) ANY CHANGE IN THE ADD RESS OR TELEPHONE NUMBER OF AN 16
1059+EXISTING OFFICE OR P RINCIPAL PLACE OF BU SINESS; AND 17
1060+
1061+ (2) IF THE LICENSEE IS AN ENTITY, THE ADDITION OF A BR ANCH 18
1062+OFFICE. 19
1063+
1064+18–310. 20
1065+
1066+ (A) EXCEPT AS OTHERWISE P ROVIDED IN § 10–226 OF THE STATE 21
1067+GOVERNMENT ARTICLE, AND SUBJECT TO THE N OTICE AND HEARING 22
1068+REQUIREMENTS IN SUBS ECTION (C) OF THIS SECTION , THE BOARD MAY DENY , 23
1069+REFUSE TO RENEW , SUSPEND, OR REVOKE A LICENSE IF THE APPLICANT OR 24
1070+LICENSEE: 25
1071+
1072+ (1) VIOLATES ANY PROVISIO N OF THIS TITLE OR A NY REGULATION 26
1073+ADOPTED UNDER THIS T ITLE; 27
1074+
1075+ (2) FRAUDULENTLY OR DECEP TIVELY OBTAINS OR AT TEMPTS TO 28
1076+OBTAIN A LICENSE FOR THE APPLICANT , LICENSEE, OR ANOTHER PERSON ; 29
1077+
1078+ (3) FRAUDULENTLY OR DECEP TIVELY USES A LICENS E; 30 24 SENATE BILL 969
1079+
1080+
1081+
1082+ (4) COMMITS ANY GROSS NEG LIGENCE, INCOMPETENCE , OR 1
1083+MISCONDUCT WHILE PRA CTICING STREAM RESTORATION CONTRACT OR SERVICES; 2
1084+OR 3
1085+
1086+ (5) IN THE CRITICAL AREA, AS DEFINED UNDER § 8–1802 OF THE 4
1087+NATURAL RESOURCES ARTICLE, FAILS TO COMPLY WITH : 5
1088+
1089+ (I) THE TERMS OF A STATE OR LOCAL PERMIT , LICENSE, OR 6
1090+APPROVAL; OR 7
1091+
1092+ (II) ANY STATE OR LOCAL LAW , AN APPROVED PLAN , OR OTHER 8
1093+LEGAL REQUIREMENT . 9
1094+
1095+ (B) THE CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND 10
1096+ATLANTIC COASTAL BAYS, ESTABLISHED UNDER TITLE 8, SUBTITLE 18 OF THE 11
1097+NATURAL RESOURCES ARTICLE, SHALL NOTIFY THE BOARD OF ANY LICENSED 12
1098+STREAM RESTORATION CONTRACTOR OR APPLIC ANT FOR A LICENSE TH AT FAILS TO 13
1099+COMPLY WITH ANY REQU IREMENT UNDER SUBSEC TION (A)(5) OF THIS SECTION. 14
1100+
1101+ (C) (1) BEFORE THE BOARD TAKES ANY FINAL ACTION UNDER 15
1102+SUBSECTION (A) OF THIS SECTION , THE BOARD SHALL GIVE THE APPLICANT OR 16
1103+LICENSEE AGAINST WHOM THE ACT ION IS CONTEMPLATED NOTICE AND THE 17
1104+OPPORTUNITY FOR A HE ARING BEFORE THE BOARD. 18
1105+
1106+ (2) THE BOARD SHALL PROVIDE N OTICE AND HOLD A HEA RING IN 19
1107+ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT. 20
1108+
1109+ (3) AT LEAST 30 DAYS BEFORE THE HEAR ING, THE HEARING NOTICE 21
1110+SHALL BE: 22
1111+
1112+ (I) SERVED PERSONALLY ON THE INDIVIDUAL ; OR 23
1113+
1114+ (II) SENT BY CERTIFIED MAI L, RETURN RECEIPT REQUE STED, 24
1115+BEARING A POSTMARK F ROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN 25
1116+ADDRESS OF THE INDIV IDUAL OR ENTITY . 26
1117+
1118+ (4) IF, AFTER DUE NOTICE, THE APPLICANT OR LIC ENSEE AGAINST 27
1119+WHOM THE ACTION IS C ONTEMPLATED FAILS OR REFUSES TO APPEAR , THE BOARD 28
1120+MAY HEAR AND DETERMI NE THE MATTER . 29
1121+
1122+ (D) EXCEPT AS PROVIDED UN DER SUBSECTION (C) OF THIS SECTION , ANY 30
1123+PERSON AGGRIEVED BY A FINAL DECISION O F THE BOARD MAY TAKE AN APP EAL AS 31
1124+AUTHORIZED UNDER §§ 10–222 AND 10–223 OF THE STATE GOVERNMENT ARTICLE. 32 SENATE BILL 969 25
1125+
1126+
1127+
1128+ (E) FOR PURPOSES OF THIS SECTION, AN ACT OR OMISSION O F ANY 1
1129+PRINCIPAL, AGENT, OR EMPLOYEE OF AN AP PLICANT OR LICENSEE MAY BE 2
1130+CONSTRUED TO BE THE ACT OR OMISSION OF THE A PPLICANT OR LICENSEE , AS 3
1131+WELL AS OF THE PRINC IPAL, AGENT, OR EMPLOYEE . 4
1132+
1133+18–311. 5
1134+
1135+ (A) ON BECOMING AWARE OF A VIOLATION BY A LIC ENSEE UNDER THIS 6
1136+TITLE, THE DEPARTMENT SHALL PROV IDE NOTICE OF THE VI OLATION TO THE 7
1137+LICENSEE BY CERTIFIE D MAIL, RETURN RECEIPT REQUE STED, BEARING A 8
1138+POSTMARK FROM THE U.S. POSTAL SERVICE, TO THE LAST KNOWN AD DRESS OF THE 9
1139+INDIVIDUAL OR ENTITY . 10
1140+
1141+ (B) A LICENSE ISSUED UNDER THIS TITLE IS VOIDED IF: 11
1142+
1143+ (1) THERE IS A LAPSE OF T HE INSURANCE REQUIRE D UNDER § 12
1144+18–302(C)(6) OF THIS SUBTITLE; OR 13
1145+
1146+ (2) THE DEPARTMENT ISSUES THR EE NOTICES OF VIOLAT ION TO THE 14
1147+LICENSEE IN ACCORDAN CE WITH SUBSECTION (A) OF THIS SECTION. 15
1148+
1149+SUBTITLE 4. PROHIBITED ACTS; PENALTIES. 16
1150+
1151+18–401. 17
1152+
1153+ EXCEPT AS PROVIDED IN §§ 18–301 AND 18–306 OF THIS TIT LE, AN 18
1154+INDIVIDUAL OR ENTITY MAY NOT CONDUCT , ATTEMPT TO CONDUCT , OR OFFER TO 19
1155+CONDUCT ANY STREAM R ESTORATION CONTRACTO R SERVICES UNLESS TH E 20
1156+INDIVIDUAL OR ENTITY IS LICENSED BY THE BOARD TO PERFORM THE SERVICES. 21
1157+
1158+18–402. 22
1159+
1160+ UNLESS AUTHORIZED TO PERFORM STREAM RESTORATION CONTRACT OR 23
1161+SERVICES UNDER THIS TITLE, AN INDIVIDUAL OR ENT ITY MAY NOT REPRESEN T TO 24
1162+THE PUBLIC BY TITLE , BY DESCRIPTION OF SE RVICES, METHODS, OR PROCEDURES , 25
1163+OR OTHERWISE , THAT THE INDIVIDUAL OR ENTITY IS AUTHORI ZED TO PERFORM 26
1164+STREAM RESTORATION CONTRACTOR SERVICES IN THE STATE. 27
1165+
1166+18–403. 28
1167+
1168+ (A) (1) (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A 29
1169+PERSON THAT VIOLATES ANY PROVISION OF THI S TITLE OR ANY REGUL ATION 30 26 SENATE BILL 969
1170+
1171+
1172+ADOPTED UNDER THIS T ITLE IS SUBJECT TO A N ADMINISTRATIVE PEN ALTY NOT 1
1173+EXCEEDING $10,000 FOR EACH VIOLATION . 2
1174+
1175+ (II) IN DETERMINING THE AM OUNT OF THE PENALTY UNDER 3
1176+THIS PARAGRAPH , THE BOARD SHALL CONSIDER : 4
1177+
1178+ 1. THE SERIOUSNESS OF TH E VIOLATION; 5
1179+
1180+ 2. THE HARM CAUSED BY TH E VIOLATION; 6
1181+
1182+ 3. THE GOOD FAITH OF THE LICENSEE; AND 7
1183+
1184+ 4. WHETHER THE LICENSEE HAS A HISTORY OF 8
1185+PREVIOUS VIOLATIONS : 9
1186+
1187+ (I) $500 FOR A FIRST VIOLATIO N; 10
1188+
1189+ (II) $1,000 FOR A SECOND VIOLATI ON; AND 11
1190+
1191+ (III) $5,000 FOR A THIRD OR SUBSE QUENT VIOLATION . 12
1192+
1193+ (2) THE SUM OF ADMINISTRA TIVE PENALTIES IMPOS ED ON A PERSON 13
1194+UNDER THIS SECTION M AY NOT EXCEED $25,000. 14
1195+
1196+ (3) (2) EACH DAY THAT A PERSO N CONDUCTS STREAM 15
1197+RESTORATION CONTRACT OR SERVICES WITHOUT A LICENSE CONSTITUTE S A 16
1198+SEPARATE OFFENSE . 17
1199+
1200+ (B) ANY PENALTIES COLLECT ED UNDER THIS SECTIO N SHALL BE PAID INTO 18
1201+THE WETLANDS AND WATERWAYS PROGRAM FUND, ESTABLISHED UNDER § 5–203.1 19
1202+OF THIS ARTICLE, TO BE USED FOR THE A DMINISTRATION OF THE BOARD. 20
1203+
1204+ (C) THE DEPARTMENT , IN CONSULTATION WITH THE BOARD, SHALL ADOPT 21
1205+REGULATIONS TO CARRY OUT THIS SECTION . 22
1206+
1207+SUBTITLE 5. STREAM AND FLOODPLAIN RESTORATION PROJECTS. 23
1208+
1209+18–501. 24
1210+
1211+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
1212+INDICATED. 26
1213+ SENATE BILL 969 27
1214+
1215+
1216+ (2) “LIMIT OF CLEARING ” MEANS THE BOUNDARIES WITHIN WHICH 1
1217+PLANNED CUTTING , CLEARING, OR GRUBBING OF VEGET ATION ASSOCIATED WIT H 2
1218+STREAM RESTORATION CONTRA CTOR SERVICES WILL O CCUR. 3
1219+
1220+ (3) “LIMIT OF DISTURBANCE ” MEANS THE BOUNDARY W ITHIN WHICH 4
1221+ADDITIONAL CONSTRUCT ION, MATERIALS AND EQUIPM ENT STORAGE , GRADING, 5
1222+LANDSCAPING , AND RELATED ACTIVITI ES MAY OCCUR . 6
1223+
1224+ (4) “PROJECT APPLICANT ” MEANS AN INDIVIDUAL OR ENT ITY 7
1225+LICENSED UNDER SUBTITLE 3 OF THIS TITLE , OR AUTHORIZED TO PER FORM 8
1226+STREAM RESTORATION C ONTRACTOR SERVICES U NDER § 18–301 OF THIS TITLE. 9
1227+
1228+ (5) “STREAM RESTORATION CO NTRACTOR SERVICES ” HAS THE 10
1229+MEANING STATED IN § 18–101 OF THIS TITLE. 11
1230+
1231+ (B) A PROJECT APPLICANT SE EKING AN AUTHORIZATI ON FOR A STREAM 12
1232+AND FLOODPLAIN RESTO RATION PROJECT IN TH E STATE SHALL BE SUBJEC T TO THE 13
1233+REQUIREMENTS OF THIS SECTION. 14
1234+
1235+ (C) (1) A PROJECT APPLICANT SH ALL PROVIDE PUBLIC N OTICE AT 30% 15
1236+DESIGN COMPLETION , INCLUDING: 16
1237+
1238+ (I) MAILING WRITTEN NOTIC E TO ANY RESIDENCE O R 17
1239+BUSINESS WITHIN A RA DIUS OF 200 FEET OF THE PROPOSED PROJECT AREA ’S 18
1240+BOUNDARY; AND 19
1241+
1242+ (II) POSTING NOTICE AT POI NTS OF PUBLIC ACCESS TO THE 20
1243+PROJECT. 21
1244+
1245+ (2) THE PUBLIC NOTICE REQ UIRED UNDER THIS SUB SECTION SHALL 22
1246+INCLUDE: 23
1247+
1248+ (I) INFORMATION ON THE PR OJECT APPLICANT APPL YING FOR 24
1249+PROJECT AUTHORIZATIO N, INCLUDING CONTACT IN FORMATION FOR THE 25
1250+APPLICANT; 26
1251+
1252+ (II) THE PURPOSE OF THE PR OJECT; AND 27
1253+
1254+ (III) IF APPLICABLE , INFORMATION ABOUT TH E PUBLIC 28
1255+MEETING UNDER SUBSEC TION (D) OF THIS SECTION. 29
1256+
1257+ (D) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF: 30
1258+
1259+ (I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 31 28 SENATE BILL 969
1260+
1261+
1262+
1263+ (II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S 1
1264+PROPERTY; AND 2
1265+
1266+ (III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S 3
1267+RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 4
1268+PROJECT BOUNDARY . 5
1269+
1270+ (2) A PROJECT APPLICANT SH ALL: 6
1271+
1272+ (I) HOLD AN IN–PERSON PUBLIC MEETIN G THAT INCLUDES AN 7
1273+OPTION FOR VIRTUAL ATTE NDANCE; 8
1274+
1275+ (II) TAKE MEETING MINUTES AND RECORD THE MEETI NG; 9
1276+
1277+ (III) PRESENT: 10
1278+
1279+ 1. THE PROJECT DESIGN RE PORT AND PLANS ; 11
1280+
1281+ 2. A FOREST STAND DELINEA TION; 12
1282+
1283+ 3. THE DEPARTMENT ’S STREAM RESTORATION 13
1284+AUTHORIZATION CHECKLIST; AND 14
1285+
1286+ 3. 4. A SEPARATE SHEET WITH THE DESIGN DRAWINGS 15
1287+CLEARLY IDENTIFYING : 16
1288+
1289+ A. THE LIMIT OF CLEARING , IF ANY; AND 17
1290+
1291+ B. THE LIMIT OF DISTURBA NCE; AND 18
1292+
1293+ (IV) POST THE DOCUMENTS AN D MEETING MINUTES ON THE 19
1294+PROJECT APPLICANT ’S WEBSITE. 20
1295+
1296+ (3) A PROJECT APPLICANT SH ALL HOLD THE PUBLIC MEETING 21
1297+REQUIRED UNDER THIS SUBSECTION WHEN THE PROJECT DESIGN IS 60% 22
1298+COMPLETE. 23
1299+
1300+ (E) A PROJECT APPLICANT SH ALL SUBMIT TO THE DEPARTMENT ALL 24
1301+RELEVANT DOCUMENTS A S PART OF THE APPLIC ATION AND REVIEW PRO CESS, 25
1302+INCLUDING: 26
1303+
1304+ (1) THE PROJECT DESIGN RE PORT AND DRAWINGS , INCLUDING A 27
1305+SHEET CLEARLY IDENTI FYING: 28 SENATE BILL 969 29
1306+
1307+
1308+
1309+ (I) THE LIMIT OF CLEARING , IF ANY; AND 1
1310+
1311+ (II) THE LIMIT OF DISTURBA NCE; 2
1312+
1313+ (2) THE FOREST STAND DELI NEATION; 3
1314+
1315+ (3) RESPONSES TO THE DEPARTMENT ’S STREAM RESTORATION 4
1316+CHECKLIST GUIDANCE D OCUMENT STREAM RESTORATION AUTHORIZATION 5
1317+CHECKLIST; 6
1318+
1319+ (4) THE MEETING MINUTES A ND, IF FEASIBLE, THE RECORDING FROM 7
1320+THE PUBLIC MEETING C ONDUCTED IN ACCORDAN CE WITH SUBSECTION (D) OF THIS 8
1321+SECTION; AND 9
1322+
1323+ (5) ANY OTHER DOCUMEN TS OR INFORMATION RE QUESTED BY THE 10
1324+DEPARTMENT . 11
1325+
1326+ (F) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF: 12
1327+
1328+ (I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 13
1329+
1330+ (II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S 14
1331+PROPERTY; AND 15
1332+
1333+ (III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S 16
1334+RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 17
1335+PROJECT BOUNDARY . 18
1336+
1337+ (2) WITHIN 24 HOURS AFTER SUBMITTI NG AN APPLICATION TO THE 19
1338+DEPARTMENT , A PROJECT APPLICANT SHALL POST ON ITS WE BSITE: 20
1339+
1340+ (1) (I) NOTICE THAT IT HAS SUBMITTE D AN APPLICATION ; AND 21
1341+
1342+ (2) (II) THE DATE OF SUBMISSIO N OF THE APPLICATION . 22
1343+
1344+18–502. 23
1345+
1346+ (A) THE DEPARTMENT MAY AUTHOR IZE A STREAM AND FLO ODPLAIN 24
1347+RESTORATION PROJECT IN ACCORDANCE WITH T HIS SECTION. 25
1348+
1349+ (B) PRIOR TO THE AUTHORIZ ATION OF A NY STREAM AND FLOODP LAIN 26
1350+RESTORATION PROJECT IN THE STATE, THE DEPARTMENT SHALL : 27
1351+ 30 SENATE BILL 969
1352+
1353+
1354+ (1) ASSESS DOCUMENTATION SUBMITTED BY THE PRO JECT 1
1355+APPLICANT FOR DEGRAD ATION CRITERIA RELAT ED TO: 2
1356+
1357+ (I) AN EXISTING BIOLOGICA L FUNCTION–BASED PARAMETER ; 3
1358+AND 4
1359+
1360+ (II) A PHYSICAL PARAMETER , INCLUDING AN EXISTIN G 5
1361+GEOMORPHOLOGIC OR HY DRAULIC FUNCTION –BASED PARAMETER ; 6
1362+
1363+ (2) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED THE 7
1364+FOLLOWING COBENEFITS , AS APPROPRIATE , INTO THE APPLICATION : 8
1365+
1366+ (I) THE CREATION OR RESTO RATION OF WILDLIFE H ABITAT, 9
1367+RIPARIAN BUFFERS , AND WETLAND RESTORAT ION; 10
1368+
1369+ (II) THE RESTORATION OF AQ UATIC RESOURCES , SUCH AS 11
1370+FRESHWATER MUSSELS , FISH PASSAGE, OR OYSTER REEFS ; 12
1371+
1372+ (III) CARBON SEQUESTRATION ; 13
1373+
1374+ (IV) CLIMATE CHANGE MITIGA TION, ADAPTATION, OR 14
1375+RESILIENCE; 15
1376+
1377+ (V) IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND 16
1378+
1379+ (VI) RECREATIONAL OPPORTUN ITIES AND PUBLIC ACC ESS TO 17
1380+WATERWAYS AND NATURA L HABITATS; 18
1381+
1382+ (3) ASSESS DOCUMENTATION OF COMMUNITY NOTIFIC ATIONS 19
1383+CONDUCTED BY THE PROJECT APPLICANT PRIOR TO T HE SUBMISSION OF THE 20
1384+APPLICATION; 21
1385+
1386+ (4) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED, TO 22
1387+THE EXTENT PRACTICAB LE, RECOGNIZED BEST MANA GEMENT PRACTICES TO : 23
1388+
1389+ (I) MAXIMIZE ECOLOGICAL U PLIFT; 24
1390+
1391+ (II) MINIMIZE: 25
1392+
1393+ 1. IMPACTS TO WILDLIFE H ABITATS; 26
1394+
1395+ 2. TREE LOSS AND REMOVAL ; 27
1396+
1397+ 3. EARTH DISTURBANCE ; AND 28 SENATE BILL 969 31
1398+
1399+
1400+
1401+ 4. DISTURBANCE TO NATIVE VEGETATION; 1
1402+
1403+ (III) AVOID IMPACTS TO : 2
1404+
1405+ 1. LARGE NONINVASIVE NAT IVE PLANT COMMUNITIE S; 3
1406+AND 4
1407+
1408+ 2. SPECIMEN TREES ; 5
1409+
1410+ (IV) USE EXISTING AREAS SU ITABLE FOR MATERIAL STAGING 6
1411+AREAS TO AVOID FORES T REMOVAL; 7
1412+
1413+ (V) LIMIT CONSTRUCTION AC CESS ROAD WIDTHS ; 8
1414+
1415+ (VI) LIMIT THE IMPACTS OF INGRESS AND EGRESS P OINTS TO 9
1416+MINIMIZE FOREST IMPA CTS; AND 10
1417+
1418+ (VII) WHERE APPROPRIATE , PRIORITIZE THE REMOVAL O F 11
1419+NONNATIVE AND INVASI VE: 12
1420+
1421+ 1. TREES; AND 13
1422+
1423+ 2. VEGETATION; AND 14
1424+
1425+ (5) ESTABLISH A PLAN TO P ROVIDE FOR AT LEAST 5 YEARS OF 15
1426+MONITORING IN ACCORD ANCE WITH SUBSECTION (D) OF THIS SECTION. 16
1427+
1428+ (C) THE DEPARTMENT ’S ASSESSMENT REVIEW REQUIRED UNDER 17
1429+SUBSECTION (B)(3) OF THIS SECTION SHAL L INCLUDE: 18
1430+
1431+ (1) WHETHER THE PROJECT A PPLICANT PROVIDED NO TICE AS 19
1432+REQUIRED IN § 18–501 OF THIS SUBTITLE; 20
1433+
1434+ (2) WHETHER THE PROJECT A PPLICANT CONDUCTED C OMMUNITY 21
1435+MEETINGS WITHIN THE COMMUNITY IMPACTED B Y THE PROJECT A PUBL IC MEETING 22
1436+AS REQUIRED IN § 18–501(D) OF THIS SUBTITLE ; 23
1437+
1438+ (3) WHETHER THE PROJECT A PPLICANT PLACED APPR OPRIATE 24
1439+PROJECT SIGNAGE ; 25
1440+
1441+ (4) WHETHER THE PROJECT A PPLICANT CONSIDERED THE 26
1442+PROJECT’S COMPATIBILITY WITH LOCAL LAND USE , ESPECIALLY IN URBAN , 27
1443+SUBURBAN, AND OTHER HIGH –VISIBILITY AREAS; 28 32 SENATE BILL 969
1444+
1445+
1446+
1447+ (5) WHETHER AND HOW THE P ROJECT APPLICANT CON SIDERED AND 1
1448+RESPONDED TO RELEVAN T PUBLIC INPUT , INCLUDING ANY RESULTING 2
1449+MODIFICATIONS TO THE PROJECT; AND 3
1450+
1451+ (6) HOW THE PROJECT APPLI CANT CONSIDERED PUBL IC INPUT IN 4
1452+THE FINAL APPLICATIO N DESIGN. 5
1453+
1454+ (D) (1) ON COMPLETION OF A ST REAM AND FLOODPLAIN RESTORATION 6
1455+PROJECT, THE DEPARTMENT SHALL PROV IDE FOR AT LEA ST 5 YEARS OF 7
1456+MONITORING PER THE D ESIGN AND PERMIT ASS OCIATED WITH THE DES IGN FOR 8
1457+EACH AUTHORIZED PROJ ECT. 9
1458+
1459+ (2) THE MONITORING REQUIR ED UNDER THIS SUBSEC TION SHALL 10
1460+INCLUDE AN ASSESSMEN T OF STREAM STABILIT Y, STREAM AND FLOODPLAI N 11
1461+FUNCTION, AND VEGETATION VIABILITY WITHIN THE AFFECTED PROJECT ARE A. 12
1462+
1463+18–503. 13
1464+
1465+ ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER , 14
1466+THE DEPARTMENT SHALL REPO RT TO THE SENATE COMMITTEE ON EDUCATION, 15
1467+ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND 16
1468+TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 17
1469+GOVERNMENT ARTICLE, ON ANY CHANGES MADE TO THE STREAM RESTORATION 18
1470+AUTHORIZATION CHECKLIST SINCE DECEMBER 1, 2023. 19
1471+
1472+SUBTITLE 5. 6. TERMINATION OF TITLE SUBTITLES. 20
1473+
1474+18–501. 18–601. 21
1475+
1476+ SUBJECT TO THE EVALUATION AND REEST ABLISHMENT PROVISION S OF THE 22
1477+MARYLAND PROGRAM EVALUATION ACT, THIS SUBTITLE AND SUBTITLES 1 23
1478+THROUGH 4 OF THIS TITLE AND ALL R EGULATIONS ADOPTED U NDER THIS SUBTITLE 24
1479+AND SUBTITLES 1 THROUGH 4 OF THIS TITLE SHALL TER MINATE AND BE OF NO 25
1480+EFFECT AFTER JULY 1, 2033 JUNE 30, 2029. 26
1481+
1482+Article – Natural Resources 27
1483+
1484+8–2A–02. 28
1485+
1486+ (a) There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund. 29
1487+
1488+ (b) The purpose of the Fund is to provide financial assistance necessary to 30
1489+advance Maryland’s progress in meeting the goals established in the 2014 Chesapeake Bay 31
1490+Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries, 32 SENATE BILL 969 33
1491+
1492+
1493+including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and 1
1494+their tributaries, by focusing limited financial resources on nonpoint source pollution 2
1495+control projects in all regions of the State. 3
1496+
1497+ (f) (5) IN EACH FISCAL YEAR F ROM 2026 THROUGH 2030, INCLUSIVE, UP 4
1498+TO $100,000 FROM THE FUND SHALL BE USED TO FUND THE OPERATIONS GRANTS 5
1499+UNDER § 8–2B–02(G)(3) OF THIS TITLE AT A R ATE OF $20,000 PER GRANT 6
1500+RECIPIENT PROJECT SPONSOR EACH FISCAL YEAR . 7
1501+
1502+SUBTITLE 2B. WHOLE WATERSHED RESTORATION PARTNERSHIP AND FUND. 8
1503+
1504+8–2B–01. 9
1505+
1506+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
1507+INDICATED. 11
1508+
1509+ (B) (1) “ACTION” MEANS THE INSTALLATI ON, RESTORATION , OR 12
1510+ENHANCEMENT OF : 13
1511+
1512+ (I) A NATURAL FEATURE ; 14
1513+
1514+ (II) AN ACTIVITY RELATED T O THE FORM AND FUNCT ION OF A 15
1515+NATURAL FEATURE ; OR 16
1516+
1517+ (III) LAND CONSERVATION MEA SURES. 17
1518+
1519+ (2) “ACTION” INCLUDES THE PLANNIN G, DESIGN, ENGINEERING , 18
1520+DRAFTING OF LEGAL IN STRUMENTS , AND MAINTENANCE NECE SSARY TO ESTABLISH 19
1521+A NATURAL FEATURE , AN ACTIVITY RELATED TO THE FORM AND FUNC TION OF A 20
1522+NATURAL FEATURE , OR LAND CONSERVATION MEASURES. 21
1523+
1524+ (C) “FUND” MEANS THE WHOLE WATERSHED FUND. 22
1525+
1526+ (D) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 1–701 23
1527+OF THE ENVIRONMENT ARTICLE. 24
1528+
1529+ (E) “PARTNERSHIP” MEANS THE WHOLE WATERSHED RESTORATION 25
1530+PARTNERSHIP. 26
1531+
1532+ (F) “PROJECT” MEANS A COLLECTION O F RESTORATION AND 27
1533+CONSERVATION ACTIONS COORDINATED BY MULTI PLE ENTITIES TO IMPR OVE 28
1534+SHALLOW WATER HABITA T. 29
1535+ 34 SENATE BILL 969
1536+
1537+
1538+ (G) “PROJECT SPONSOR ” MEANS THE ENTITY RES PONSIBLE FOR 1
1539+ADMINISTERING A PROJ ECT, INCLUDING ACCOUNTIN G FOR FUNDS, COORDINATING 2
1540+PARTNERS AND ACTIONS , AND REPORTING OUTCOM ES. 3
1541+
1542+ (H) (1) “SHALLOW WATER HABITAT ” MEANS THE PORTION OF THE 4
1543+CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR TRIBUT ARIES FOR WHICH 5
1544+THE STATE HAS ADOPTED WAT ER QUALITY CRITERIA TO SUPPORT SUBMERGED 6
1545+AQUATIC VEGETATION . 7
1546+
1547+ (2) “SHALLOW WATER HABITAT ” INCLUDES THE SUSQUEHANNA 8
1548+RIVER AND ITS TRIBUTA RIES WITHIN THE STATE. 9
1549+
1550+ (I) “STATE MANAGEMENT TEAM ” MEANS THE REPRESENTA TIVES 10
1551+DESIGNATED TO ADMINI STER THE PARTNERSHIP. 11
1552+
1553+ (J) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 1–701 OF 12
1554+THE ENVIRONMENT ARTICLE. 13
1555+
1556+8–2B–02. 14
1557+
1558+ (A) THERE IS A WHOLE WATERSHED RESTORATION PARTNERSHIP. 15
1559+
1560+ (B) THE PURPOSE OF THE PARTNERSHIP IS TO ACC ELERATE RESTORATION 16
1561+OF THE CHESAPEAKE AND ATLANTIC COASTAL BAYS AND THEIR WATE RSHEDS BY 17
1562+EQUITABLY FOCUSING A SSISTANCE ON ACTIONS AND AREAS THAT ARE : 18
1563+
1564+ (1) COST–EFFECTIVE; 19
1565+
1566+ (2) LIKELY TO DEMONSTRATE A RAPID SYSTEMIC RES PONSE TO 20
1567+RESTORATION ACTIVITY , INCLUDING RAPID DE –LISTING OF IMPAIRED STREAMS 21
1568+IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT; AND 22
1569+
1570+ (3) SUPPORTED BY THE LOCA L COMMUNITY GOVERNMENT . 23
1571+
1572+ (C) (1) THE SECRETARY SHALL ESTAB LISH A STATE MANAGEMENT TEAM 24
1573+TO ADMINISTER THE PARTNERSHIP. 25
1574+
1575+ (2) THE STATE MANAGEMENT TEAM SHALL INCLUDE : 26
1576+
1577+ (I) ONE REPRESENTATIVE OF THE DEPARTMENT , DESIGNATED 27
1578+BY THE SECRETARY; 28
1579+
1580+ (II) ONE REPRESENTATIVE OF THE DEPARTMENT OF THE 29
1581+ENVIRONMENT , DESIGNATED BY THE SECRETARY OF ENVIRONMENT ; 30 SENATE BILL 969 35
1582+
1583+
1584+
1585+ (III) ONE REPRESENTATIVE OF THE DEPARTMENT OF 1
1586+AGRICULTURE , DESIGNATED BY THE SECRETARY OF AGRICULTURE ; 2
1587+
1588+ (IV) ONE REPRESENTATIVE OF THE DEPARTMENT OF 3
1589+PLANNING, DESIGNATED BY THE SECRETARY OF PLANNING; 4
1590+
1591+ (V) ONE REPRESENTATIVE OF THE CRITICAL AREA 5
1592+COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS, DESIGNATED 6
1593+BY THE CHAIR OF THE COMMISSION; AND 7
1594+
1595+ (VI) THE CHIEF RESILIENCE OFFICER, OR THE CHIEF 8
1596+RESILIENCE OFFICER’S DESIGNEE. 9
1597+
1598+ (3) THE REPRESENTATIVE OF THE DEPARTMENT SHALL CHAI R THE 10
1599+STATE MANAGEMENT TEAM . 11
1600+
1601+ (4) THE STATE MANAGEMENT TEAM SHALL COORDINATE WIT H 12
1602+OTHER ENTITIES , INCLUDING THE U.S. ARMY CORPS OF ENGINEERS AND THE U.S. 13
1603+ENVIRONMENTAL PROTECTION AGENCY, AS NECESSARY TO CARR Y OUT ITS 14
1604+FUNCTIONS AND DUTIES UNDER THIS SUBTITLE . 15
1605+
1606+ (D) (1) THE PARTNERSHIP SHALL EMP LOY STAFF IN ACCORDA NCE WITH 16
1607+THE STATE BUDGET . 17
1608+
1609+ (2) STATE AGENCIES MAY PR OVIDE STAFF OR OTHER ASSIS TANCE TO 18
1610+THE PARTNERSHIP. 19
1611+
1612+ (E) ON OR BEFORE OCTOBER 1, 2024, AND EVERY 5 YEARS THEREAFTER , 20
1613+THE STATE MANAGEMENT TEAM SHALL ISSUE A REQUES T FOR PROPOSALS FOR 21
1614+PROJECTS THAT : 22
1615+
1616+ (1) OCCUR WITHIN A SINGLE MARYLAND 8–DIGIT WATERSHED AS 23
1617+IDENTIFIED IN THE STATEW IDE DIGITAL WATERSHE D FILE MAINTAINED BY THE 24
1618+DEPARTMENT OF INFORMATION TECHNOLOGY ; 25
1619+
1620+ (2) INCLUDE A STRATEGY DE SCRIBING THE PARTNER S, ACTIONS, 26
1621+AND BENEFITS THAT TH E PROJECT WILL INCOR PORATE OVER A 5–YEAR PERIOD; 27
1622+
1623+ (3) PROVIDE AT LEAST FIVE OF THE BENEFITS SPECIFIED UNDER 28
1624+SUBSECTION (F)(2)(VIII) OF THIS SECTION; AND 29
1625+
1626+ (4) ARE ENDORSED BY EACH COUNTY AND MUNICIPAL CORPORATION 30
1627+IN WHICH THE PROJECT WILL OCCUR. 31 36 SENATE BILL 969
1628+
1629+
1630+
1631+ (F) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ON OR 1
1632+BEFORE MARCH 1, 2025, AND EVERY 5 YEARS THEREAFTER , THE STATE 2
1633+MANAGEMENT TEAM MAY APPROVE UP TO FIVE P ROJECTS TO RECEIVE A SSISTANCE 3
1634+UNDER THIS SECTION . 4
1635+
1636+ (2) THE STATE MANAGEMENT TEAM SHALL EVALUATE A PRO POSED 5
1637+PROJECT BASED ON WHE THER THE PROPOSED PR OJECT: 6
1638+
1639+ (I) IS LOCATE D IN A WATERSHED IN WHICH HABITAT 7
1640+RESTORATION AND POLL UTION REDUCTION WILL : 8
1641+
1642+ 1. RESULT IN THE GREATES T IMPROVEMENTS TO 9
1643+SHALLOW WATER HABITA T AND LIVING RESOURC ES; 10
1644+
1645+ 2. ACHIEVE RAPID DE –LISTING OF IMPAIRED STREAMS 11
1646+IDENTIFIED UNDER § 303(D) OF THE FEDERAL CLEAN WATER ACT AND PUBLISHED 12
1647+IN THE DEPARTMENT OF THE ENVIRONMENT ’S TRIENNIAL REVIEW OF WATER 13
1648+QUALITY STANDARDS; OR 14
1649+
1650+ 3. GENERATE RAPIDLY –IMPROVING CONDITIONS IN 15
1651+THE LOCAL ECOSYSTEM ; 16
1652+
1653+ (II) EMPHASIZES ACTIONS TH AT ARE EXPECTED TO P ROVIDE 17
1654+THE GREATEST, MOST COST–EFFECTIVE, AND MEASURABLE AMOUN T OF POLLUTION 18
1655+REDUCTION; 19
1656+
1657+ (III) SUPPORTS LAND USE POL ICIES, CONSERVATION 20
1658+PROGRAMS, AND RESTORATION PROT OCOLS AT THE LOCAL L EVEL THAT WILL 21
1659+SUSTAIN PROJECT ACTI ONS AND OUTCOMES ; 22
1660+
1661+ (IV) HAS DOCUMENTED INTE REST FROM A GROUP OF AFFECTED 23
1662+PROPERTY OWNERS TO A LLOW RESTORATION OR CONSERVATION ACTIONS ON 24
1663+THEIR PROPERTY ; 25
1664+
1665+ (V) MINIMIZES THE LOSS OF TREES AND OTHER NATU RAL 26
1666+HABITATS; 27
1667+
1668+ (VI) DEMONSTRATES OPPORTUN ITIES TO IMPLEMENT A CTIONS 28
1669+THAT REDUCE ENVIRONM ENTAL DISPARITIES EXPERIEN CED BY OVERBURDENED 29
1670+OR UNDERSERVED COMMU NITIES; 30
1671+
1672+ (VII) DEMONSTRATES OPPORTUN ITIES TO FOSTER INNO VATION 31
1673+IN RESTORATION SCIEN CE OR PRACTICES ; 32 SENATE BILL 969 37
1674+
1675+
1676+
1677+ (VIII) IN ADDITION TO LAND –BASED HABITAT RESTOR ATION AND 1
1678+WATER QUALITY IMPROV EMENT, ANTICIPATES BENEFITS REL ATED TO: 2
1679+
1680+ 1. THE CREATION OR RESTO RATION OF WILDLIFE 3
1681+HABITAT, RIPARIAN BUFFERS , AND WETLAND RESTORAT ION; 4
1682+
1683+ 2. THE RESTORATION OF AQ UATIC RESOURCES , SUCH 5
1684+AS FRESH WATER MUSSE LS, FISH PASSAGE, OR OYSTER REEFS ; 6
1685+
1686+ 3. CARBON SEQUES TRATION; 7
1687+
1688+ 4. CLIMATE CHANGE MITIGA TION, ADAPTATION, OR 8
1689+RESILIENCE; 9
1690+
1691+ 5. LOCAL EMPLOYMENT OPPO RTUNITIES; 10
1692+
1693+ 6. IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND 11
1694+
1695+ 7. RECREATIONAL OPPORTUN ITIES AND PUBLIC 12
1696+ACCESS TO WATERWAYS AND NATURAL HABITATS ; AND 13
1697+
1698+ (IX) CREATES PARTNERSHIP O PPORTUNITIES AMONG 14
1699+NONPROFIT AND FOR PR OFIT ORGANIZATIONS , COMMUNITY ORGANIZATI ONS, ALL 15
1700+LEVELS OF GOVERNMENT , AND SCIENTISTS. 16
1701+
1702+ (3) THE STATE MANAGEMENT TEAM SHALL: 17
1703+
1704+ (I) WORK TO ENSURE THAT T HE PROJECTS APPROVED 18
1705+INCLUDE: 19
1706+
1707+ 1. ONE PROJECT LOCATED I N A PREDOMINANTLY 20
1708+URBAN AREA; 21
1709+
1710+ 2. ONE PROJECT LOCATED I N A PREDOMINANTLY 22
1711+SUBURBAN AREA ; 23
1712+
1713+ 3. TWO PROJECTS PRIMARIL Y FOCUSED ON REDUCIN G 24
1714+POLLUTION IN A PREDO MINANTLY AGRICULTURA L AREA; AND 25
1715+
1716+ 4. ONE PROJECT THAT INCORPORATES 26
1717+COLLABORATIVE EFFORT S WITH AN ADJOINING STATE; AND 27
1718+ 38 SENATE BILL 969
1719+
1720+
1721+ (II) ENSURE THAT AT LEAST TWO APPROVED PROJECT S ARE 1
1722+LOCATED IN AND PROVI DE BENEFITS TO AN OV ERBURDENED OR UNDERS ERVED 2
1723+COMMUNITY . 3
1724+
1725+ (4) THE STATE MANAGEMENT TEAM MAY REQUIRE SITING , DESIGN, 4
1726+CONSTRUCTION , MAINTENANCE , AND OPERATION PRINCI PLES AND STANDARDS F OR 5
1727+A PROJECT THAT ARE I N ADDITION TO THOSE REQUIRED BY LAW OR R EGULATION IF 6
1728+THE TEAM DETERMINES THAT THOSE PRINCIPLE S AND STANDARDS ARE NECESSARY 7
1729+TO PRESERVE THE BENE FITS OF THE PROJECT . 8
1730+
1731+ (G) FOR A PERIOD OF 5 YEARS AFTER APPROVIN G A PROJECT, THE STATE 9
1732+MANAGEMENT TEAM SHAL L: 10
1733+
1734+ (1) ASSIST THE PROJECT SP ONSOR IN DEVELOPING AN 11
1735+IMPLEMENTATION AND F INANCING PLAN , INCLUDING MEASURABLE OUTCOMES, 12
1736+FOR THE DURATION OF THE PROJECT; 13
1737+
1738+ (2) AWARD IMPLEMENTATION GRANTS F ROM THE FUND AND OTHER 14
1739+APPROPRIATE STATE FUNDS AND ACCOU NTS: 15
1740+
1741+ (I) FOR UP TO 50% OF PROJECT COSTS ; 16
1742+
1743+ (II) IN ACCORDANCE WITH TH E IMPLEMENTATION AND 17
1744+FINANCING PLAN DEVEL OPED UNDER ITEM (1) OF THIS SUBSECTION ; AND 18
1745+
1746+ (III) WITH CONSIDERATION GIVEN TO TH E PROGRESS OF THE 19
1747+PROJECT AS DOCUMENTE D IN THE REPORT REQU IRED UNDER SUBSECTIO N (I)(2) OF 20
1748+THIS SECTION; 21
1749+
1750+ (3) AWARD OPERATIONS GRAN TS TO THE PROJECT SP ONSOR FOR 22
1751+PROJECT ADMINISTRATI ON COSTS IN ACCORDAN CE WITH § 8–2A–02(F)(5) OF THIS 23
1752+TITLE; 24
1753+
1754+ (4) PROVIDE FOR COORDINAT ED AND TRANSPARENT STATE 25
1755+PERMITTING TO THE EX TENT ALLOWED BY STATE AND FEDERAL LAW , INCLUDING 26
1756+THE USE OF THE PERMI T TRACKING DASHBOARD ESTABLISHED BY THE SECRETARY 27
1757+UNDER SUBSECTION (K) OF THIS SECTION; 28
1758+
1759+ (5) PROVIDE FUNDING TO THE PROJE CT SPONSOR TO SUPPOR T 29
1760+WATER QUALITY MONITO RING AT THE PROJECT SITE; AND 30
1761+
1762+ (6) MEET WITH THE PROJECT SPONSOR AND PARTICIP ATING LOCAL 31
1763+GOVERNMENTS AT LEAST SIX TIMES EACH CALEN DAR YEAR TO REVIEW A ND 32
1764+FACILITATE PROGRESS ON THE PROJECT . 33 SENATE BILL 969 39
1765+
1766+
1767+
1768+ (H) A PROJECT SPONSOR SHAL L PROVIDE OPPORTUNIT IES FOR 1
1769+COMMUNITY ENGAGEMENT FOR THE DURATION OF THE PROJECT BY INCLU DING: 2
1770+
1771+ (1) AT LEAST FOUR COMMUNI TY MEETINGS THAT INC LUDE 3
1772+REPRESENTATION FROM EACH LOCAL GOVERNMEN T ENDORSING THE PROJ ECT; 4
1773+AND 5
1774+
1775+ (2) AN OPPORTUNITY FOR PUBLIC C OMMENT ON THE PRELIM INARY 6
1776+DESIGN OF EACH RESTORATION MAJOR OR LARGE –SCALE ACTION PROPOSED BY 7
1777+THE PROJECT. 8
1778+
1779+ (I) (1) A PROJECT SPONSOR SHAL L IDENTIFY APPROPRIA TE METRICS TO 9
1780+TRACK PROGRESS ON ME ETING THE OUTCOMES I DENTIFIED IN THE PRO JECT’S 10
1781+IMPLEMENTATION AND F INANCING PLAN . 11
1782+
1783+ (2) (I) A PROJECT SPONSOR SHAL L REPORT ON THE PROG RESS OF 12
1784+THE PROJECT AT THE I NTERVALS AND IN THE FORMAT REQUIRED BY T HE STATE 13
1785+MANAGEMENT TEAM . 14
1786+
1787+ (II) A REPORT UNDER THIS PA RAGRAPH SHALL INCLUD E 15
1788+INFORMATION ON : 16
1789+
1790+ 1. COMMUNITY ENGAGEMENT EFFORTS; 17
1791+
1792+ 2. RESTORATION AND CONSE RVATION ACTIONS 18
1793+INITIATED AND COMPLE TED; 19
1794+
1795+ 3. TREES AFFECTED AND TR EES AT IMMEDIATE OR 20
1796+FUTURE RISK OF IMPAC T DUE TO RESTORATION ACTIONS; 21
1797+
1798+ 4. FUNDING FROM ALL SOUR CES THAT WAS SOLICITED, 22
1799+AWARDED, OR SPENT; AND 23
1800+
1801+ 5. THE PROGRESS MADE TOW ARD MEETING THE 24
1802+OUTCOMES IDENTIFIED IN THE PROJECT ’S IMPLEMENTATION AND FINANCING 25
1803+PLAN, INCLUDING THE METRIC S USED FOR TRACKING PROGRESS UNDER 26
1804+PARAGRAPH (1) OF THIS SUBSECTION . 27
1805+
1806+ (3) THE STATE MANAGEMENT TEAM MAY REQUIRE A PROJECT 28
1807+SPONSOR TO PERFORM A ND REPORT ON WATER Q UALITY MONITORING FO R MORE 29
1808+THAN 5 YEARS. 30
1809+ 40 SENATE BILL 969
1810+
1811+
1812+ (J) ON OR BEFORE NOVEMBER 1, 2025, AND EACH NOVEMBER 1 1
1813+THEREAFTER , THE STATE MANAGEMENT TEAM SHALL REPORT TO THE GENERAL 2
1814+ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, 3
1815+ON THE STATUS OF EAC H APPROVED PROJECT . 4
1816+
1817+ (K) (1) THE SECRETARY SHALL ESTAB LISH A PERMIT TRACKI NG 5
1818+DASHBOARD THAT PROVI DES PUBLICLY AVAILAB LE INFORMATION ON TH E PERMIT 6
1819+SCHEDULES AND REQUIR EMENTS FOR ACTIONS THAT REQUIRE A STATE PERMIT. 7
1820+
1821+ (2) THE PERMIT TRACKING D ASHBOARD SHALL BE MA DE AVAILABLE 8
1822+TO THE PUBLIC ON THE DEPARTMENT ’S WEBSITE. 9
1823+
1824+8–2B–03. 10
1825+
1826+ (A) THERE IS A WHOLE WATERSHED FUND. 11
1827+
1828+ (B) THE PURPOSE OF THE FUND IS TO FUND PROJE CTS APPROVED BY THE 12
1829+STATE MANAGEMENT TEAM UNDER § 8–2B–02 OF THIS SUBTITLE. 13
1830+
1831+ (C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 14
1832+
1833+ (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 15
1834+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 16
1835+
1836+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 17
1837+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
1838+
1839+ (E) THE FUND CONSISTS OF : 19
1840+
1841+ (1) REVENUE DISTRIBUTED T O THE FUND FROM: 20
1842+
1843+ (I) THE CHESAPEAKE AND ATLANTIC COASTAL BAYS 2010 21
1844+TRUST FUND ESTABLISHED UNDE R § 8–2A–02 OF THIS TITLE; 22
1845+
1846+ (II) THE BAY RESTORATION FUND ESTABLISHED UNDE R § 23
1847+9–1605.2 OF THE ENVIRONMENT ARTICLE; 24
1848+
1849+ (III) THE CLEAN WATER COMMERCE ACCOUNT ESTABLISHED 25
1850+UNDER § 9–1605.4 OF THE ENVIRONMENT ARTICLE; 26
1851+
1852+ (IV) THE MARYLAND AGRICULTURAL LAND PRESERVATION 27
1853+FUND ESTABLISHED UNDER § 2–505 OF THE AGRICULTURE ARTICLE; 28
1854+ SENATE BILL 969 41
1855+
1856+
1857+ (V) THE COST–SHARING PROGRAM ESTA BLISHED UNDER § 1
1858+8–702 OF THE AGRICULTURE ARTICLE; AND 2
1859+
1860+ (VI) THE WATERWAY IMPROVEMENT FUND ESTABLISHED 3
1861+UNDER § 8–707 OF THIS TITLE; 4
1862+
1863+ (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 5
1864+
1865+ (3) INTEREST EARNINGS ; AND 6
1866+
1867+ (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 7
1868+THE BENEFIT OF THE FUND. 8
1869+
1870+ (F) (1) THE FUND MAY BE USED ONLY TO SUPPORT ACTIONS A SSOCIATED 9
1871+WITH A PROJECT APPRO VED BY THE STATE MANAGEMENT TEAM UNDER § 8–2B–02 10
1872+OF THIS SUBTITLE, INCLUDING: 11
1873+
1874+ (I) TO SATISFY MATCH REQU IREMENTS OF ANY FEDE RAL 12
1875+SOURCE; OR 13
1876+
1877+ (II) MATCHING WITH COUNTY , MUNICIPAL, OR PRIVATE FUNDS 14
1878+OR IN–KIND SUPPORT FOR A P ROJECT. 15
1879+
1880+ (2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, 16
1881+MONEY TRANSFERRED TO THE FUND UNDER SUBSECTION (E)(1) OF THIS SECTION 17
1882+SHALL BE SUBJECT TO THE CONDITIONS SPECI FIED IN THE ORIGINAT ING FUND OR 18
1883+ACCOUNT. 19
1884+
1885+ (3) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A PORTION 20
1886+OF FUNDS FOR AN ACTI ON MAY BE PROVIDED AS AN ADVAN CE PAYMENT AT THE 21
1887+BEGINNING OF EACH FI SCAL YEAR. 22
1888+
1889+ (4) ANY REMAINING FUNDS N OT USED TO SUPPORT A N ACTION IN 23
1890+ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION S HALL BE AVAILABLE FO R 24
1891+USE CONSISTENT WITH THIS SECTION IN SUBS EQUENT FISCAL YEARS. 25
1892+
1893+ (G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 26
1894+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 27
1895+
1896+ (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 28
1897+THE FUND. 29
1898+
1899+ (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 30
1900+WITH THE STATE BUDGET . 31 42 SENATE BILL 969
1901+
1902+
1903+
1904+ (I) MONEY EXPENDED FROM T HE FUND FOR PROJECTS APP ROVED BY THE 1
1905+PARTNERSHIP IS SUPPLE MENTAL TO AND IS NOT INTENDED TO TAKE THE PLACE OF 2
1906+FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR THE PARTNERSHIP. 3
1907+
1908+ (J) A CONTRACT ENT ERED INTO BY THE DEPARTMENT UNDER THIS 4
1909+SECTION SHALL : 5
1910+
1911+ (1) BE CONSISTENT WITH TH E IMPLEMENTATION AND FINANCING 6
1912+PLAN DEVELOPED UNDER § 8–2B–02(G) OF THIS SUBTITLE; 7
1913+
1914+ (2) FOR AN ACTION INVOLVI NG STREAM RESTORATIO N, REQUIRE THE 8
1915+USE OF A STREAM REST ORATION CONTRACTOR LICENSED UNDER TITLE 18 OF THE 9
1916+ENVIRONMENT ARTICLE; AND 10
1917+
1918+ (3) REQUIRE THAT FUNDS PR OVIDED FROM THE FUND BE RETURNED 11
1919+IF THE ACTION IS NOT COMPLETED IN ACCORDA NCE WITH THE IMPLEME NTATION 12
1920+AND FINANCING PLAN . 13
1921+
1922+ (K) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN ACTION 14
1923+THAT IS PARTIALLY FI NANCED WITH ANOTHER SOURCE OF STATE FUNDS MAY BE 15
1924+FUNDED UNDER THIS SE CTION. 16
1925+
1926+ (2) FUNDING PROVIDED TO A N ACTION UNDER THIS SUBSECTION 17
1927+SHALL BE PRORATED TO COVER ONLY THE PORTI ON OF THE ACTION NOT FUNDED 18
1928+BY ANOTHER STATE SOURCE. 19
1929+
1930+8–701. 20
1931+
1932+ (a) In this subtitle the following words have the meanings indicated. 21
1933+
1934+ (A–1) “BENEFICIAL USE OF DRE DGED MATERIAL ” HAS THE MEANING STAT ED 22
1935+IN § 5–1101 OF THE ENVIRONMENT ARTICLE. 23
1936+
1937+8–707. 24
1938+
1939+ (a) (1) There is a Waterway Improvement Fund for the purposes specified in 25
1940+this subtitle, INCLUDING THE ACCELE RATED RESTORATION OF THE CHESAPEAKE 26
1941+AND ATLANTIC COASTAL BAYS AND THEIR WATERS HEDS. 27
1942+
1943+ (2) Except as provided in § 8–709 of this subtitle, any money received into 28
1944+the Waterway Improvement Fund shall be used solely for the following projects: 29
1945+ SENATE BILL 969 43
1946+
1947+
1948+ [(1)] (I) Marking channels and harbors and establishing aids to 1
1949+navigation in cooperation with and as an extension of operations of the United States Coast 2
1950+Guard; 3
1951+
1952+ [(2)] (II) Clearing debris, aquatic vegetation, and obstruction from waters 4
1953+of the State; 5
1954+
1955+ [(3)] (III) Dredging channels and harbors and construction of jetties and 6
1956+breakwaters in cooperation with and as an extension of operations of the United States 7
1957+Army Corps of Engineers; 8
1958+
1959+ [(4)] (IV) Dredging ponds, lakes, and reservoirs owned by the State; 9
1960+
1961+ [(5)] (V) Constructing and maintaining marine facilities beneficial to the 10
1962+boating public, including constructing pump–out stations for use by the general boating 11
1963+public at public and private marinas. The Secretary may use the funds to install pump–out 12
1964+stations for use by the general boating public and to supplement maintenance costs at the 13
1965+discretion of the Secretary. Before approving the construction of any pump–out station at 14
1966+a public or private marina, the Secretary shall consult with the Department of the 15
1967+Environment to assure that the wastewater collection and treatment system of the marina 16
1968+is adequate to handle any increased flow. The Department may adopt regulations to govern 17
1969+the use and operation of pump–out stations for use by the general boating public 18
1970+constructed or supported by State funds under this section; 19
1971+
1972+ [(6)] (VI) Improvement, reconstruction, or removal of bridges, 20
1973+drawbridges, or similar structures over or across waters, if those structures delay, impede, 21
1974+or obstruct the boating public. With the approval of the Board of Public Works, funds from 22
1975+another public or any private source may be received and used to supplement and increase 23
1976+the funds in the Waterway Improvement Fund for the purpose of this subsection. Also, the 24
1977+Board of Public Works may enter into an agreement with a private company or person 25
1978+which owns such a structure, for the improvement, reconstruction, or removal of the 26
1979+structure, in order to provide a sharing of the cost of the improvement, reconstruction, or 27
1980+removal; 28
1981+
1982+ [(7)] (VII) Evaluation of water–oriented recreation needs and recreational 29
1983+capacities of Maryland waterways and development of comprehensive plans for waterway 30
1984+improvements; 31
1985+
1986+ [(8)] (VIII) To provide matching grants to local governments for the 32
1987+construction of marine facilities for marine firefighting, marine police, or medical services 33
1988+and for the acquisition of vessels and equipment for vessels for marine firefighting, police, 34
1989+medical, and communication equipment for promoting safety of life and property and 35
1990+general service to the boating public utilizing the waters of the State. The ownership, 36
1991+operation, and maintenance of any equipment acquired under this subtitle shall be the 37
1992+responsibility of the local governing body; 38
1993+ 44 SENATE BILL 969
1994+
1995+
1996+ [(9)] (IX) Structural and nonstructural shore erosion control under 1
1997+subsection (b) of this section; 2
1998+
1999+ [(10)] (X) Acquisition of equipment and State vessels for firefighting, 3
2000+policing, first aid and medical assistance, and communications, in order to promote safety 4
2001+of life and property and general service to the boating public utilizing waters of the State; 5
2002+
2003+ [(11)] (XI) Boating information and education; [and] 6
2004+
2005+ [(12)] (XII) To provide interest–free loans to a governing body for the benefit 7
2006+of a residential property owner, or group of residential property owners, with land abutting 8
2007+a channel adjacent to a federal, State, county, or municipal main channel or harbor for 9
2008+dredging the adjacent channel; AND 10
2009+
2010+ (XIII) TO CONSISTENT WITH OTHER USES IN ITEMS (I) THROUGH 11
2011+(XII) OF THIS PARAGRAPH , TO FUND THE WHOLE WATERSHED FUND ESTABLISHED 12
2012+UNDER § 8–2B–03 OF THIS TITLE. 13
2013+
2014+8–708. 14
2015+
2016+ (b) (1) Except for the construction of pump–out stations for use by the general 15
2017+boating public at public and private marinas, the governing body and the Waterway 16
2018+Improvement Fund jointly shall finance projects to construct marine facilities beneficial to 17
2019+the boating public. 18
2020+
2021+ (2) Except as provided in paragraph (3) of this subsection, the contribution 19
2022+of the Waterway Improvement Fund shall be limited to not more than 50% of the cost of 20
2023+each project. 21
2024+
2025+ (3) The Waterway Improvement Fund may finance completely [any]: 22
2026+
2027+ (I) ANY construction project beneficial to the boating public which 23
2028+costs $250,000 or less, regardless of its location; AND 24
2029+
2030+ (II) A PROJECT THAT INVOLVE S THE BENEFICIAL USE OF 25
2031+DREDGED MATERIAL ; AND 26
2032+
2033+ (III) ANY WATER QUALITY MON ITORING BY THE DEPARTMENT . 27
2034+
2035+Article – State Finance and Procurement 28
2036+
2037+6–226. 29
2038+
2039+ (a) (2) (i) Notwithstanding any other provision of law, and unless 30
2040+inconsistent with a federal law, grant agreement, or other federal requirement or with the 31
2041+terms of a gift or settlement agreement, net interest on all State money allocated by the 32 SENATE BILL 969 45
2042+
2043+
2044+State Treasurer under this section to special funds or accounts, and otherwise entitled to 1
2045+receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 2
2046+Fund of the State. 3
2047+
2048+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 4
2049+to the following funds: 5
2050+
2051+ 189. the Teacher Retention and Development Fund; [and] 6
2052+
2053+ 190. the Protecting Against Hate Crimes Grant Fund; AND 7
2054+
2055+ 191. THE WHOLE WATERSHED FUND. 8
2056+
2057+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
2058+as follows: 10
2059+
2060+Article – Environment 11
2061+
2062+TITLE 18. STREAM AND FLOODPLAIN RESTORATION PROJECTS. 12
2063+
2064+18–101. 13
2065+
2066+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
2067+INDICATED. 15
2068+
2069+ (2) “LIMIT OF CLEARING” MEANS THE BOUNDARIES WITHIN WHICH 16
2070+PLANNED CUTTING , CLEARING, OR GRUBBING OF VEGET ATION ASSOCIATED WIT H 17
2071+STREAM RESTORATION W ILL OCCUR. 18
2072+
2073+ (3) “LIMIT OF DISTURBANCE ” MEANS THE BOUNDARY W ITHIN WHICH 19
2074+ADDITIONAL CONSTRUCT ION, MATERIALS AND EQUIPM ENT STORAGE, GRADING, 20
2075+LANDSCAPING , AND RELATED ACTIVITI ES MAY OCCUR. 21
2076+
2077+ (B) AN APPLICANT SEEKING AN AUTHORIZATION FOR A STREAM AND 22
2078+FLOODPLAIN RESTORATI ON PROJECT IN THE STATE SHALL BE SUBJEC T TO THE 23
2079+REQUIREMENTS OF THIS SECTION. 24
2080+
2081+ (C) (1) A PROJECT APPLICANT S HALL PROVIDE PUBLIC NOTICE AT 30% 25
2082+DESIGN COMPLETION , INCLUDING: 26
2083+
2084+ (I) MAILING WRITTEN NOTIC E TO ANY RESIDENCE O R 27
2085+BUSINESS WITHIN A RA DIUS OF 200 FEET OF THE PROPOSED PROJECT AREA ’S 28
2086+BOUNDARY; AND 29
2087+ 46 SENATE BILL 969
2088+
2089+
2090+ (II) POSTING NOTICE AT POI NTS OF PUBLIC ACCESS TO THE 1
2091+PROJECT. 2
2092+
2093+ (2) THE PUBLIC NOTICE REQ UIRED UNDER THIS SUB SECTION SHALL 3
2094+INCLUDE: 4
2095+
2096+ (I) INFORMATION ON THE PR OJECT APPLICANT APPL YING FOR 5
2097+PROJECT AUTHORIZATIO N, INCLUDING CONTACT IN FORMATION FOR THE 6
2098+APPLICANT; 7
2099+
2100+ (II) THE PURPOSE OF THE PR OJECT; AND 8
2101+
2102+ (III) IF APPLICABLE, INFORMATION ABOUT TH E PUBLIC MEETING 9
2103+UNDER SUBSECTION (D) OF THIS SECTION. 10
2104+
2105+ (D) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF: 11
2106+
2107+ (I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 12
2108+
2109+ (II) THE PROPOSED PROJECT IS SITED ON THE INDI VIDUAL’S 13
2110+PROPERTY; AND 14
2111+
2112+ (III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S 15
2113+RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 16
2114+PROJECT BOUNDARY . 17
2115+
2116+ (2) A PROJECT APPLICANT SH ALL: 18
2117+
2118+ (I) HOLD AN IN–PERSON PUBLIC MEETIN G THAT INCLUDES AN 19
2119+OPTION FOR VIRTUAL A TTENDANCE; 20
2120+
2121+ (II) TAKE MEETING MINUTES AND RECORD THE MEETI NG; 21
2122+
2123+ (III) PRESENT: 22
2124+
2125+ 1. THE PROJECT DESIGN RE PORT AND PLANS ; 23
2126+
2127+ 2. A FOREST STAND DELINEA TION; 24
2128+
2129+ 3. THE DEPARTMENT ’S STREAM RESTORATION 25
2130+AUTHORIZATION CHECKLIST; AND 26
2131+ SENATE BILL 969 47
2132+
2133+
2134+ 4. A SEPARATE SHEET WITH THE DESIGN DRAWINGS 1
2135+CLEARLY IDENTIFYING : 2
2136+
2137+ A. THE LIMIT OF CLEARING , IF ANY; 3
2138+
2139+ B. THE LIMIT OF DISTURBA NCE; AND 4
2140+
2141+ C. TO THE EXTENT PRACTIC ABLE, NOTATION WHERE 5
2142+ADDITIONAL TREES ARE PLANNED TO BE REMOVE D; AND 6
2143+
2144+ (IV) POST THE DOCUMENTS AN D MEETING MINUTES ON THE 7
2145+PROJECT APPLICANT ’S WEBSITE. 8
2146+
2147+ (3) A PROJECT APPLICANT SH ALL HOLD THE PUBLIC MEETING 9
2148+REQUIRED UNDER THIS SUBSECTION WHEN THE PROJECT DESIGN IS 60% 10
2149+COMPLETE. 11
2150+
2151+ (E) A PROJECT APPLICANT SH ALL SUBMIT TO THE DEPARTMENT ALL 12
2152+RELEVANT DOCUMENTS A S PART OF THE APPLIC ATION AND REVIEW PRO CESS, 13
2153+INCLUDING: 14
2154+
2155+ (1) THE PROJECT DESIGN RE PORT AND DRAWINGS , INCLUDING A 15
2156+SHEET CLEARLY IDENTI FYING: 16
2157+
2158+ (I) THE LIMIT OF CLEARING , IF ANY; AND 17
2159+
2160+ (II) THE LIMIT OF DISTURBA NCE; 18
2161+
2162+ (2) THE FOREST STAND DELI NEATION; 19
2163+
2164+ (3) RESPONSES TO THE DEPARTMENT ’S STREAM RESTORATION 20
2165+AUTHORIZATION CHECKLIST; 21
2166+
2167+ (4) THE MEETING MINUTES A ND, IF FEASIBLE, THE RECORDING FROM 22
2168+THE PUBLIC MEETING C ONDUCTED IN ACCORDAN CE WITH SUBSECTION (D) OF THIS 23
2169+SECTION; AND 24
2170+
2171+ (5) ANY OTHER DOCUMENTS O R INFORMATION REQUES TED BY THE 25
2172+DEPARTMENT . 26
2173+
2174+ (F) (1) THE PROVISIONS OF THI S SUBSECTION DO NOT APPLY IF: 27
2175+
2176+ (I) THE PROJECT APPLICANT IS AN INDIVIDUAL; 28 48 SENATE BILL 969
2177+
2178+
2179+
2180+ (II) THE PROPOSED PROJECT IS SITED ON THE INDIVIDUAL ’S 1
2181+PROPERTY; AND 2
2182+
2183+ (III) NO RESIDENCE , OTHER THAN THE INDIV IDUAL’S 3
2184+RESIDENCE, OR BUSINESS IS LOCAT ED WITHIN A RADIUS O F 200 FEET FROM THE 4
2185+PROJECT BOUNDARY . 5
2186+
2187+ (2) WITHIN 24 HOURS AFTER SUBMITTI NG AN APPLICATION TO THE 6
2188+DEPARTMENT , A PROJECT APPLICANT SHALL POST ON ITS WEBSITE : 7
2189+
2190+ (I) NOTICE THAT IT HAS SU BMITTED AN APPLICATI ON; 8
2191+
2192+ (II) THE DATE OF SUBMISSIO N OF THE APPLICATION ; AND 9
2193+
2194+ (III) A COPY OF THE APPLICAT ION. 10
2195+
2196+18–102. 11
2197+
2198+ (A) THE DEPARTMENT MAY AUTHOR IZE A STREAM AND FLO ODPLAIN 12
2199+RESTORATION PROJECT IN ACCORDANCE WITH T HIS SECTION. 13
2200+
2201+ (B) PRIOR TO THE AUTHORIZ ATION OF ANY STREAM AND FLOODPLAIN 14
2202+RESTORATION PROJECT IN THE STATE, THE DEPARTMENT SHALL : 15
2203+
2204+ (1) ASSESS DOCUMENTATION SUBMITTED BY THE PRO JECT 16
2205+APPLICANT FOR DEGRAD ATION CRITERIA RELAT ED TO: 17
2206+
2207+ (I) AN EXISTING BIOLOGICA L FUNCTION–BASED PARAMETER ; 18
2208+AND 19
2209+
2210+ (II) A PHYSICAL PARAMETER , INCLUDING AN EXISTIN G 20
2211+GEOMORPHOLOGIC OR HY DRAULIC FUNCTION –BASED PARA METER; 21
2212+
2213+ (2) ASSESS WHETHER THE PR OJECT APPLICANT INCO RPORATED THE 22
2214+FOLLOWING COBENEFITS , AS APPROPRIATE , INTO THE APPLICATION : 23
2215+
2216+ (I) THE CREATION OR RESTO RATION OF WILDLIFE H ABITAT, 24
2217+RIPARIAN BUFFERS , AND WETLAND RESTORAT ION; 25
2218+
2219+ (II) THE RESTORATION O F AQUATIC RESOURCES , SUCH AS 26
2220+FRESHWATER MUSSELS , FISH PASSAGE, OR OYSTER REEFS ; 27
2221+ SENATE BILL 969 49
2222+
2223+
2224+ (III) CARBON SEQUESTRATION ; 1
2225+
2226+ (IV) CLIMATE CHANGE MITIGA TION, ADAPTATION, OR 2
2227+RESILIENCE; 3
2228+
2229+ (V) IMPROVING AND PROTECT ING PUBLIC HEALTH ; AND 4
2230+
2231+ (VI) RECREATIONAL OPPORTUNITIES AND PU BLIC ACCESS TO 5
2232+WATERWAYS AND NATURA L HABITATS; 6
2233+
2234+ (3) ASSESS DOCUMENTATION OF COMMUNITY NOTIFIC ATIONS 7
2235+CONDUCTED BY THE PRO JECT APPLICANT PRIOR TO THE SUBMISSION OF THE 8
2236+APPLICATION; 9
2237+
2238+ (4) ASSESS WHETHER THE AP PLICANT INCORPORATED , TO THE 10
2239+EXTENT PRACTICABLE , RECOGNIZED BEST MANA GEMENT PRACTICES TO : 11
2240+
2241+ (I) MAXIMIZE ECOLOGICAL U PLIFT; 12
2242+
2243+ (II) MINIMIZE: 13
2244+
2245+ 1. IMPACTS TO WILDLIFE H ABITATS; 14
2246+
2247+ 2. TREE LOSS AND REMOVAL ; 15
2248+
2249+ 3. EARTH DISTURBANCE ; AND 16
2250+
2251+ 4. DISTURBANCE TO NATIVE VEGETATION; 17
2252+
2253+ (III) AVOID IMPACTS TO : 18
2254+
2255+ 1. LARGE NONINVASIVE NAT IVE PLANT COMMUNITIE S; 19
2256+AND 20
2257+
2258+ 2. SPECIMEN TREES ; 21
2259+
2260+ (IV) USE EXISTING AREAS SU ITABLE FOR MATERIAL STAGING 22
2261+AREAS TO AVOID FORES T REMOVAL; 23
2262+
2263+ (V) LIMIT CONSTRUCTION AC CESS ROAD WIDTHS ; 24
2264+
2265+ (VI) LIMIT THE IMPACTS OF INGRESS AND EGRESS P OINTS TO 25
2266+MINIMIZE FOREST IMPA CTS; AND 26 50 SENATE BILL 969
2267+
2268+
2269+
2270+ (VII) WHERE APPROPRIATE , PRIORITIZE THE REMOV AL OF 1
2271+NONNATIVE AND INVASI VE: 2
2272+
2273+ 1. TREES; AND 3
2274+
2275+ 2. VEGETATION; AND 4
2276+
2277+ (5) ESTABLISH A PLAN TO P ROVIDE FOR AT LEAST 5 YEARS OF 5
2278+MONITORING IN ACCORD ANCE WITH SUBSECTION (D) OF THIS SECTION. 6
2279+
2280+ (C) THE DEPARTMENT ’S ASSESSMENT REVIEW REQUIRED UNDER 7
2281+SUBSECTION (B)(3) OF THIS SECTION SHAL L INCLUDE: 8
2282+
2283+ (1) WHETHER THE PROJECT A PPLICANT PROVIDED NOTICE AS 9
2284+REQUIRED IN § 18–101 OF THIS TITLE; 10
2285+
2286+ (2) WHETHER THE PROJECT A PPLICANT CONDUCTED A PUBLIC 11
2287+MEETING AS REQUIRED IN § 18–101(D) OF THIS TITLE; 12
2288+
2289+ (3) WHETHER THE PROJECT A PPLICANT PLACED APPR OPRIATE 13
2290+PROJECT SIGNAGE ; 14
2291+
2292+ (4) WHETHER THE PROJECT APPLICAN T CONSIDERED THE PRO JECT’S 15
2293+COMPATIBILITY WITH L OCAL LAND USE , ESPECIALLY IN URBAN , SUBURBAN, AND 16
2294+OTHER HIGH–VISIBILITY AREAS; 17
2295+
2296+ (5) WHETHER AND HOW THE P ROJECT APPLICANT CON SIDERED AND 18
2297+RESPONDED TO RELEVAN T PUBLIC INPUT , INCLUDING AN Y RESULTING 19
2298+MODIFICATIONS TO THE PROJECT; AND 20
2299+
2300+ (6) HOW THE PROJECT APPLI CANT CONSIDERED PUBL IC INPUT IN 21
2301+THE FINAL APPLICATIO N DESIGN. 22
2302+
2303+ (D) (1) ON COMPLETION OF A ST REAM AND FLOODPLAIN RESTORATION 23
2304+PROJECT, THE DEPARTMENT SHALL PROV IDE FOR AT LEAST 5 YEARS OF 24
2305+MONITORING PER THE D ESIGN AND PERMIT ASS OCIATED WITH THE DES IGN FOR 25
2306+EACH AUTHORIZED PROJ ECT. 26
2307+
2308+ (2) THE MONITORING REQUIR ED UNDER THIS SUBSEC TION SHALL 27
2309+INCLUDE AN ASSESSMEN T OF STREAM STABILIT Y, STREAM AND FLOODPLAI N 28
2310+FUNCTION, AND VEGETATION VIABI LITY WITHIN THE AFFE CTED PROJECT AREA . 29
2311+ SENATE BILL 969 51
2312+
2313+
2314+18–103. 1
2315+
2316+ ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER , 2
2317+THE DEPARTMENT SHALL REPO RT TO THE SENATE COMMITTEE ON EDUCATION, 3
2318+ENERGY, AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND 4
2319+TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 5
2320+GOVERNMENT ARTICLE, ON ANY CHANGES MADE TO THE STREAM RESTORATION 6
2321+AUTHORIZATION CHECKLIST SINCE DECEMBER 1, 2023. 7
2322+
2323+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 8
2324+effect July 1, 2025. 9
2325+
2326+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
2327+as follows: 11
2328+
2329+Article – State Government 12
2330+
2331+8–402. 13
2332+
2333+ (a) The General Assembly finds that: 14
2334+
2335+ (1) a framework that allows for periodic, legislative review of the 15
2336+regulatory, licensing, and other governmental activities of the Executive Branch of the 16
2337+State government is essential for the maintenance of a government in which the citizens 17
2338+have confidence and of a healthy State economy; and 18
2339+
2340+ (2) this legislative review is consistent with other activities and goals of the 19
2341+General Assembly. 20
2342+
2343+ (b) The purposes of this subtitle are to: 21
2344+
2345+ (1) establish a system of legislative review that will: 22
2346+
2347+ (i) determine whether a governmental activity is necessary for the 23
2348+public interest; and 24
2349+
2350+ (ii) make units that are responsible for necessary governmental 25
2351+activities accountable and responsive to the public interest; and 26
2352+
2353+ (2) ensure that the legislative review takes place by establishing, by 27
2354+statute, a process for the review and other legislative action. 28
2355+
2356+8–403. 29
2357+
2358+ This subtitle applies only to the following governmental activities and units: 30
2359+ 52 SENATE BILL 969
2360+
2361+
2362+ (62) STREAM RESTORATION CONTRACTORS LICENSING BOARD (§ 1
2363+18–201 OF THE ENVIRONMENT ARTICLE); 2
2364+
2365+ [(62)] (63) Veterinary Medical Examiners, State Board of (§ 2–302 of the 3
2366+Agriculture Article); 4
2367+
2368+ [(63)] (64) Waterworks and Waste Systems Operators, State Board of (§ 5
2369+12–201 of the Environment Article); and 6
2370+
2371+ [(64)] (65) Well Drillers, State Board of (§ 13–201 of the Environment 7
2372+Article). 8
2373+
2374+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That: 9
2375+
2376+ (a) In this section, “stream restoration contractor services” has the meaning 10
2377+stated in § 18–101 of the Environment Article, as enacted by Section 1 of this Act. 11
2378+
2379+ (b) (1) On or before December 31, 2024, all persons performing stream 12
2380+restoration contractor services in the State or soliciting to perform stream restoration 13
2381+contractor services in the State shall: 14
2382+
2383+ (i) register with the Department of the Environment; and 15
2384+
2385+ (ii) pay to the Department of the Environment a registration fee in 16
2386+an amount determined by the Department. 17
2387+
2388+ (2) The registration required under paragraph (1) of this subsection shall 18
2389+expire on December 31, 2026, unless extended by an action by the Stream Restoration 19
2390+Contractors Licensing Board established under Section 1 of this Act. 20
2391+
2392+ (c) After December 31, 2024, a person that fails to register with the Department 21
2393+of the Environment to perform stream restoration contractor services in accordance with 22
2394+subsection (b) of this section: 23
2395+
2396+ (1) may not perform stream restoration contractor services in the State; 24
2397+and 25
2398+
2399+ (2) shall be subject to the penalties established in § 18–403 of the 26
2400+Environment Article, as enacted by Section 1 of this Act. 27
2401+
2402+ (d) For the initial three licensed stream restoration contractor members required 28
2403+to be appointed to the Stream Restoration Contractors Licensing Board in accordance with 29
2404+§ 18–202 of the Environment Article, as enacted by Section 1 of this Act, the Department 30
2405+of the Environment shall select stream restoration contractors from the list of the 31
2406+registrants compiled under subsection (b) of this section for recommendation to the 32
2407+Governor for appointment to the Board. 33 SENATE BILL 969 53
2408+
2409+
2410+
2411+ SECTION 3. 4. AND BE IT FURTHER ENACTED, That , except as provided in 1
2412+Section 3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain 2
2413+effective for a period of 5 years and, at the end of June 30, 2029, Section 2 of this Act, with 3
2414+no further action required by the General Assembly, shall be abrogated and of no further 4
2415+force and effect. 5
2416+
2417+
2418+
2419+Approved:
2420+________________________________________________________________________________
2421+ Governor.
2422+________________________________________________________________________________
2423+ President of the Senate.
2424+________________________________________________________________________________
2425+ Speaker of the House of Delegates.