Maryland 2025 Regular Session

Maryland House Bill HB140 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0140
6	6
7	7	HOUSE BILL 140
8	8	M4 5lr0030
9	9	(PRE–FILED) CF SB 176
10	10	By: Chair, Environment and Transportation Committee (By Request –
11	11	Departmental – Agriculture)
12	12	Requested: October 6, 2024
13	13	Introduced and read first time: January 8, 2025
14	14	Assigned to: Environment and Transportation
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Agriculture – Soil Conservation and Water Quality Plan – Uses of Information 2
21	21
22	22	FOR the purpose of authorizing the Department of Agriculture to use information from a 3
23	23	soil conservation and water quality plan for certain enforcement actions; and 4
24	24	generally relating to soil conservation and water quality plans. 5
25	25
26	26	BY repealing and reenacting, with amendments, 6
27	27	Article – Agriculture 7
28	28	Section 8–306 8
29	29	Annotated Code of Maryland 9
30	30	(2016 Replacement Volume and 2024 Supplement) 10
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
33	33	That the Laws of Maryland read as follows: 12
34	34
35	35	Article – Agriculture 13
36	36
37	37	8–306. 14
38	38
39	39	(a) A soil conservation district constitutes a political subdivision of the State, and 15
40	40	a public body corporate and politic, exercising public powers. 16
41	41
42	42	(b) The supervisors may: 17
43	43
44	44	(1) Conduct surveys, investigations, and research relating to the character 18
45	45	of soil erosion and the preventive and control measures needed and publish the results, if 19
46	46	the research program is executed in cooperation with the State, the United States, or any 20
47	47	of their agencies; 21
48	48	2 HOUSE BILL 140
49	49
50	50
51	51	(2) Disseminate information concerning preventive and control measures; 1
52	52
53	53	(3) Conduct demonstration projects within the district on State owned or 2
54	54	controlled land, with the cooperation of the agency administering and having jurisdiction 3
55	55	of them, or on any land within the district upon obtaining the consent of the land occupier 4
56	56	or the possessor of the necessary rights or interests in the land, in order to demonstrate by 5
57	57	example the means, methods, and measures for conserving soil and soil resources, and 6
58	58	preventing and controlling soil erosion in the form of soil blowing and washing; 7
59	59
60	60	(4) Carry out preventive and control measures within the district including 8
61	61	engineering operations, cultivation methods, the growing of vegetation, changes in land 9
62	62	use, and the measures listed in § 8–102(c) of this title, on State owned or controlled land, 10
63	63	with the cooperation of the agency administering and having jurisdiction of them, or on any 11
64	64	other land within the district upon obtaining the consent of the land occupier or the 12
65	65	possessor of the necessary rights or interests in the land; 13
66	66
67	67	(5) Cooperate or enter into agreements with any person to furnish financial 14
68	68	or other aid to any government or private agency or any land occupier within the district, 15
69	69	in carrying on erosion control and prevention operations within the district, subject to 16
70	70	conditions the supervisors deem necessary to advance the purposes of this subtitle; 17
71	71
72	72	(6) Obtain options upon and to acquire, by purchase, exchange, lease, gift, 18
73	73	grant, or otherwise, any real or personal property or rights or interests in it, which shall be 19
74	74	exempt from State, county, or municipal taxation; 20
75	75
76	76	(7) Maintain, administer, and improve any acquired properties, receive 21
77	77	income from the properties and expend the income to carry out the purposes and provisions 22
78	78	of this subtitle; 23
79	79
80	80	(8) Sell, lease, or otherwise dispose of its property or interests in it to 24
81	81	further the purposes and the provisions of this subtitle; 25
82	82
83	83	(9) Make available to land occupiers within the district, on terms the 26
84	84	supervisors prescribe, agricultural and engineering machinery and equipment, fertilizer, 27
85	85	seeds, seedlings, and other material or equipment, to assist land occupiers in conserving 28
86	86	soil resources and preventing and controlling soil erosion; 29
87	87
88	88	(10) Construct, improve, and maintain structures necessary or convenient 30
89	89	for the performance of any of the operations authorized in this title; 31
90	90
91	91	(11) Develop comprehensive plans for conserving soil resources and 32
92	92	controlling and preventing soil erosion within the district, if the plans specify in reasonable 33
93	93	detail, the acts, procedures, performances, and avoidances which are necessary or desirable 34
94	94	for the effectuation of the plans, including the specification of engineering operations, 35
95	95	cultivation methods, the growing of vegetation, cropping programs, tillage practices, and 36
96	96	changes in land use; 37
97	97	HOUSE BILL 140 3
98	98
99	99
100	100	(12) Publish the plans and information and bring them to the attention of 1
101	101	land occupiers within the district; 2
102	102
103	103	(13) Take over, by purchase, lease, or otherwise, and administer any soil 3
104	104	conservation, erosion control, or erosion prevention project located within the district 4
105	105	undertaken by the United States, the State, or any of their agencies; 5
106	106
107	107	(14) Act as agent for the United States, the State, or any of their agencies, 6
108	108	in connection with the acquisition, construction, operation, or administration of any soil 7
109	109	conservation, erosion control, or erosion prevention project within its boundaries; 8
110	110
111	111	(15) Accept gifts in money, services, materials, or otherwise from the United 9
112	112	States, the State, or any of their agencies and to use or expend them to carry out the 10
113	113	operations of the districts; 11
114	114
115	115	(16) Borrow money on its negotiable paper to carry out its powers and 12
116	116	duties; 13
117	117
118	118	(17) Approve or disapprove plans for clearing, grading, transporting, or 14
119	119	otherwise distributing soil in accordance with § 4–105(a) of the Environment Article and 15
120	120	adopt general criteria and specific written recommendations concerning the control of 16
121	121	erosion and siltation of pollution associated with these activities; 17
122	122
123	123	(18) In accordance with subsection (c) of this section: 18
124	124
125	125	(i) Recommend a fee system to cover the cost of reviewing grading 19
126	126	and sediment control plans; and 20
127	127
128	128	(ii) Recommend a fee system to cover the cost of reviewing small 21
129	129	pond plans; 22
130	130
131	131	(19) Establish and implement a fee system to cover the cost of inspecting 23
132	132	sites with approved sediment control plans pursuant to a contractual agreement with the 24
133	133	Department of the Environment under § 4–103(f) of the Environment Article; 25
134	134
135	135	(20) (i) Sue and be sued in the name of the district; 26
136	136
137	137	(ii) Have a seal which shall be judicially noticed; 27
138	138
139	139	(iii) Have perpetual succession unless terminated; 28
140	140
141	141	(iv) Make and execute contracts and other instruments necessary or 29
142	142	convenient to the exercise of its powers; and 30
143	143
144	144	(v) Adopt, amend, and repeal, rules and regulations not inconsistent 31
145	145	with this title, to effectuate its purposes and powers; 32
146	146	4 HOUSE BILL 140
147	147
148	148
149	149	(21) (i) Provide contracting services, equipment, and supplies to 1
150	150	landowners; 2
151	151
152	152	(ii) Establish prices for the sale of the contracting services, 3
153	153	equipment, and supplies; and 4
154	154
155	155	(iii) Promulgate any rule or regulation necessary to implement this 5
156	156	item; and 6
157	157
158	158	(22) In addition to the powers enumerated in this title, displace or limit 7
159	159	economic competition in the exercise of any power specified in this title; provided that the 8
160	160	powers granted to a district pursuant to this paragraph shall not be construed: 9
161	161
162	162	(i) To grant to the district powers in any substantive area not 10
163	163	otherwise granted to the district by other public general or public local law; 11
164	164
165	165	(ii) To restrict the district from exercising any power granted to the 12
166	166	district by other public general or public local law or otherwise; 13
167	167
168	168	(iii) To authorize the district or its officers to engage in any activity 14
169	169	which is beyond their power under other public general law, public local law, or otherwise; 15
170	170	or 16
171	171
172	172	(iv) To preempt or supersede the regulatory authority of any State 17
173	173	department or agency under any public general law. 18
174	174
175	175	(c) (1) Subject to § 8–311 of this subtitle, a fee system recommended under 19
176	176	subsection (b)(18) of this section shall take effect on enactment by the local governing body. 20
177	177
178	178	(2) Any fees collected under a fee system established in accordance with 21
179	179	this subsection shall be supplemental to county and State funds and may not: 22
180	180
181	181	(i) Be used to reduce county or State funds; or 23
182	182
183	183	(ii) As applicable, exceed the cost of reviewing: 24
184	184
185	185	1. Grading and sediment control plans; or 25
186	186
187	187	2. Small pond plans. 26
188	188
189	189	(d) (1) Subject to paragraph (2) of this subsection, the supervisor shall 27
190	190	maintain information from a soil conservation and water quality plan in a manner that 28
191	191	protects the identity of the person for whom the plan is prepared. 29
192	192
193	193	(2) The supervisor shall make a soil conservation and water quality plan 30
194	194	available to: 31
195	195	HOUSE BILL 140 5
196	196
197	197
198	198	(i) The Department of the Environment for enforcement action 1
199	199	under § 4–413 of the Environment Article; and 2
200	200
201	201	(ii) The Department, [which may use the information for statistical 3
202	202	purposes] FOR: 4
203	203
204	204	1. ENFORCEMENT ACTION UN DER SUBTITLE 8 OF THIS 5
205	205	TITLE; AND 6
206	206
207	207	2. STATISTICAL PURPOSES . 7
208	208
209	209	(3) The Department shall: 8
210	210
211	211	(i) Maintain the information in the manner that protects the 9
212	212	identity of the person for whom the plan is prepared; and 10
213	213
214	214	(ii) Make any information from a plan available to the Department 11
215	215	of the Environment to support the development of a compliance or enforcement case for 12
216	216	purposes of addressing an existing water quality problem in accordance with procedures 13
217	217	established between the departments and the State Soil Conservation Committee. 14
218	218
219	219	(e) As a condition to extending any benefit of this title to any land not owned or 15
220	220	controlled by the State or any of its agencies, or to performing work on them, the 16
221	221	supervisors may require contributions in money, services, materials, or otherwise to any 17
222	222	operations conferring benefits, and may require the land occupier to enter into and perform 18
223	223	agreements or covenants concerning the permanent use of the land as tends to prevent or 19
224	224	control erosion. 20
225	225
226	226	(f) The supervisors of two or more districts may cooperate with one another in 21
227	227	the exercise of any powers conferred by this title. 22
228	228
229	229	(g) No provision relating to acquisition, operation, or disposition of property by 23
230	230	other public bodies is applicable to a district, unless the provision specifically so states. 24
231	231
232	232	SECTION 2. AND BE IT FURTHER ENACTED, That this A ct shall take effect 25
233	233	October 1, 2025. 26
234	234