EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0717*
HOUSE BILL 717
M1, G2 (5lr0363)
ENROLLED BILL
— Environment and Transportation/Education, Energy, and the Environment —
Introduced by Chair, Environment and Transportation Committee (By Request –
Departmental – Natural Resources)
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Natural Resources – Public Lands – Acquisition, Staffing, Operations, and 2
Funding 3
FOR the purpose of exempting certain officials or employees of the Department of Natural 4
Resources from certain provisions of the Maryland Public Ethics Law; altering 5
provisions of law regarding the Department’s acquisition of real property by the 6
Department of Natural Resources; establishing a Land and Property Management 7
Program in the Department to process certain real property transactions; 8
authorizing the Department to establish affiliated foundations to work with certain 9
services and offices of the Department and the Natural Resources Police to solicit 10
and accept funds for certain improvements, promote certain activities, and partner 11
with individuals and entities to support certain projects; altering the contents of the 12
Forest or Park Reserve Fund; authorizing the Governor to transfer certain Program 13
Open Space funds to the Department under certain circumstances and for certain 14 2 HOUSE BILL 717
uses; altering and repealing certain provisions of law regarding acreage attainment 1
under the use of Program Open Space local funding; and generally relating to public 2
lands. 3
BY repealing and reenacting, with amendments, 4
Article – General Provisions 5
Section 5–501, 5–502(a), 5–503(a), 5–504, and 5–608(c) 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2024 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Natural Resources 10
Section 1–109, 5–212(f), 5–903(e)(3), and 5–905(c)(1) (b)(3), (c)(1) and (3)(i) and (ii), 11
(d), and (e) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
BY adding to 15
Article – Natural Resources 16
Section 1–109.1; 1–1101 to be under the new subtitle “Subtitle 11. Affiliated 17
Foundations”; and 5–903(i) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2024 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Natural Resources 22
Section 5–212(a) and (b) 23
Annotated Code of Maryland 24
(2023 Replacement Volume and 2024 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
Article – General Provisions 28
5–501. 29
(A) THIS SECTION DOES NOT APPLY TO AN OFFICIAL OR EMPLOYEE OF THE 30
DEPARTMENT OF NATURAL RESOURCES WHO ALSO SE RVES AS A DIRECTOR OR AN 31
OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED UNDER § 1–1101 OF THE 32
NATURAL RESOURCES ARTICLE. 33
[(a)] (B) Except as otherwise provided in subsection [(c)] (E) of this section, an 34
official or employee may not participate in a matter if: 35
HOUSE BILL 717 3
(1) the official or employee or a qualifying relative of the official or 1
employee has an interest in the matter and the official or employee knows of the interest; 2
or 3
(2) any of the following is a party to the matter: 4
(i) a business entity in which the official or employee has a direct 5
financial interest of which the official or employee reasonably may be expected to know; 6
(ii) a business entity, including a limited liability company or a 7
limited liability partnership, of which any of the following is an officer, a director, a trustee, 8
a partner, or an employee: 9
1. the official or employee; or 10
2. if known to the official or employee, a qualifying relative 11
of the official or employee; 12
(iii) a business entity with which any of the following has applied for 13
a position, is negotiating employment, or has arranged prospective employment: 14
1. the official or employee; or 15
2. if known to the official or employee, a qualifying relative 16
of the official or employee; 17
(iv) if the contract reasonably could be expected to result in a conflict 18
between the private interest and the official State duties of the official or employee, a 19
business entity that is a party to a contract with: 20
1. the official or employee; or 21
2. if known to the official or employee, a qualifying relative 22
of the official or employee; 23
(v) a business entity, either engaged in a transaction with the State 24
or subject to regulation by the official’s or employee’s governmental unit, in which a direct 25
financial interest is owned by another business entity if the official or employee: 26
1. has a direct financial interest in the other business entity; 27
and 28
2. reasonably may be expected to know of both financial 29
interests; or 30
(vi) a business entity that: 31
4 HOUSE BILL 717
1. the official or employee knows is a creditor or an obligee of 1
the official or employee, or of a qualifying relative of the official or employee, with respect 2
to a thing of economic value; and 3
2. as a creditor or an obligee, is in a position to affect directly 4
and substantially the interest of the official, employee, or qualifying relative. 5
[(a–1)] (C) (1) This subsection does not apply to an individual who is a public 6
official only as a member of a board and who receives annual compensation that is less than 7
25% of the lowest annual compensation at State grade level 16. 8
(2) A former regulated lobbyist who is or becomes subject to regulation 9
under this title as a public official or employee may not participate in a case, contract, or 10
other specific matter as a public official or employee for 1 calendar year after the 11
termination of the registration of the former regulated lobbyist if the former regulated 12
lobbyist previously assisted or represented another party for compensation in the matter. 13
[(b)] (D) (1) The prohibitions of subsection [(a)] (B) of this section do not 14
apply if participation is allowed: 15
(i) as to officials and employees subject to the authority of the Ethics 16
Commission, by regulation of the Ethics Commission; 17
(ii) by the opinion of an advisory body; or 18
(iii) by another provision of this subtitle. 19
(2) This section does not prohibit participation by an official or employee 20
that is limited to the exercise of an administrative or ministerial duty that does not affect 21
the decision or disposition with respect to the matter. 22
[(c)] (E) (1) An official or employee who otherwise would be disqualified from 23
participation under subsection [(a)] (B) of this section shall disclose the nature and 24
circumstances of the conflict, and may participate or act, if: 25
(i) the disqualification would leave a body with less than a quorum 26
capable of acting; 27
(ii) the disqualified official or employee is required by law to act; or 28
(iii) the disqualified official or employee is the only individual 29
authorized to act. 30
(2) If the Governor, Lieutenant Governor, Attorney General, Treasurer, or 31
Comptroller is required to make a disclosure under paragraph (1) of this subsection, the 32
Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller, as 33 HOUSE BILL 717 5
appropriate, shall send a copy of the disclosure to the presiding officers of the General 1
Assembly and to the Ethics Commission. 2
[(d)] (F) (1) This subsection applies only to: 3
(i) the Governor; 4
(ii) the Lieutenant Governor; 5
(iii) the Attorney General; 6
(iv) the Treasurer; 7
(v) the Comptroller; and 8
(vi) a secretary of a principal department in the Executive Branch. 9
(2) (i) An official who takes executive action that the official knows or 10
reasonably should know would have a material financial impact on the official or a person 11
whose interests are attributable to the official under § 5–608 of this title shall provide the 12
Ethics Commission and the Joint Ethics Committee a description of the executive action 13
and the circumstances of the potential impact. 14
(ii) An official is not required to make a disclosure under this 15
paragraph if the impact is common to all members of: 16
1. the general public or a large class of the general public; or 17
2. a profession or occupation of which the official is a 18
member. 19
5–502. 20
(a) This section does not apply to: 21
(1) members of the General Assembly; OR 22
(2) AN OFFICIAL OR EMPLO YEE OF THE DEPARTMENT OF NATURAL 23
RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN OFFICIAL OF AN AFFILIATED 24
FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE NATURAL RESOURCES 25
ARTICLE. 26
5–503. 27
(a) This section does not apply to: 28
6 HOUSE BILL 717
(1) members of the General Assembly; OR 1
(2) AN OFFICIAL OR EMPLO YEE OF THE DEPARTMENT OF NATURAL 2
RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN OFFICIAL OF AN AFFILIATED 3
FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE NATURAL RESOURCES 4
ARTICLE. 5
5–504. 6
(A) THIS SECTION DOES NOT APPLY TO AN OFFICIAL OR EMPLOYEE OF THE 7
DEPARTMENT OF NATURAL RESOURCES WHO ALSO SE RVES AS A DIRECTOR O R AN 8
OFFICIAL OF AN AFFIL IATED FOUNDATION ESTABLISH ED UNDER § 1–1101 OF THE 9
NATURAL RESOURCES ARTICLE. 10
[(a)] (B) (1) This subsection does not apply to members of the General 11
Assembly. 12
(2) Except as provided in paragraph (3) of this subsection, an official or 13
employee may not, for contingent compensation, assist or represent a party in any matter 14
before or involving any unit of the State or a political subdivision of the State. 15
(3) Paragraph (2) of this subsection does not apply to assistance to or 16
representation of a party: 17
(i) in a judicial or quasi–judicial proceeding, including a proceeding 18
before an administrative law judge in the Office of Administrative Hearings, or a matter 19
preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; or 20
(ii) in a matter before or involving the Workers’ Compensation 21
Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries 22
Compensation Board. 23
[(b)] (C) (1) Except as provided in paragraph (2) of this subsection, a member 24
of the General Assembly may not, for compensation, assist or represent a party in any 25
matter before or involving any unit of the State or a political subdivision of the State. 26
(2) Paragraph (1) of this subsection does not apply to assistance to or 27
representation of a party: 28
(i) in matters relating to the performance of ministerial acts by a 29
governmental unit; 30
(ii) in matters involving the member’s regular business, 31
employment, or profession, in which contact with a governmental unit: 32
HOUSE BILL 717 7
1. is an incidental part of the business, employment, or 1
profession; 2
2. is made in the manner that is customary for persons in 3
that business, employment, or profession; and 4
3. is not for contingent compensation; 5
(iii) in a judicial or quasi–judicial proceeding, including a proceeding 6
before an administrative law judge in the Office of Administrative Hearings, or a matter 7
preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; 8
(iv) in a matter before or involving the Workers’ Compensation 9
Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries 10
Compensation Board; or 11
(v) in a matter in which the assistance or representation, other than 12
for contingent compensation, was commenced by the member of the General Assembly 13
before: 14
1. the member filed a certificate of candidacy for election to 15
the General Assembly at a time when the member was not an incumbent; or 16
2. if the member was appointed to fill a vacancy, the date of 17
appointment. 18
[(c)] (D) (1) A member of the General Assembly may not assist or represent 19
a person, including himself or herself, for compensation before a State or local 20
governmental agency in any matter involving: 21
(i) procurement; or 22
(ii) the adoption of regulations. 23
(2) Paragraph (1) of this subsection does not apply to an administrative 24
proceeding conducted in accordance with Title 10, Subtitle 2 of the State Government 25
Article. 26
[(d)] (E) (1) Except for a former member of the General Assembly, who shall 27
be subject to the restrictions provided under paragraph (2) of this subsection, a former 28
official or employee may not assist or represent a party, other than the State, in a case, a 29
contract, or any other specific matter for compensation if: 30
(i) the matter involves State government; and 31
(ii) the former official or employee participated significantly in the 32
matter as an official or employee. 33 8 HOUSE BILL 717
(2) (i) In this paragraph, “legislative action” does not include testimony 1
or other advocacy in an official capacity as a member of the General Assembly before a unit 2
of State or local government. 3
(ii) Except as provided in subparagraph (iii) of this paragraph: 4
1. a former member of the General Assembly may not assist 5
or represent another party for compensation in a matter that is the subject of legislative 6
action for 1 calendar year from the date the member leaves office; and 7
2. a former Governor, Lieutenant Governor, Attorney 8
General, Comptroller, State Treasurer, or secretary of a principal department of the 9
Executive Branch may not assist or represent another party for compensation in a matter 10
that is the subject of legislative action for 1 calendar year from the date the official leaves 11
State office. 12
(iii) The limitation under subparagraph (ii) of this paragraph on 13
representation by a former member of the General Assembly, Governor, Lieutenant 14
Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal 15
department of the Executive Branch does not apply to representation of a municipal 16
corporation, county, or State governmental entity. 17
[(e)] (F) Notwithstanding subsection [(a)(3)] (B)(3) of this section or § 5–502 of 18
this subtitle, a full–time official or employee in the Judicial Branch may not represent a 19
party before a court or unit of the Judicial Branch except in the discharge of official duties. 20
5–608. 21
(c) For the purposes of § 5–607 of this subtitle, interests held by a blind trust may 22
not be considered to be interests of the person making the statement if the blind trust is 23
approved by the Ethics Commission in accordance with regulations adopted under 24
[§ 5–501(b)] § 5–501(D) or § 5–502(c) of this title and is operated in compliance with those 25
regulations. 26
Article – Natural Resources 27
1–109. 28
(a) (1) IN THIS SECTION , “REAL PROPERTY INTERE ST” MEANS A 29
NONLEASEHOLD INTERES T IN REAL PROPERTY . 30
(2) “REAL PROPERTY INTEREST ” INCLUDES A FEE SIMPL E 31
ACQUISITION INTEREST , CONSERVATION EASEMEN T INTEREST, OR ANOTHER 32
PERPETUAL EASEMENT I NTEREST. 33
HOUSE BILL 717 9
(B) (1) The Department shall negotiate the acquisition of real property 1
INTERESTS for open space, recreation, conservation, and other purposes under this article. 2
(2) [The] UNLESS OTHERWISE APPR OVED BY THE BOARD OF PUBLIC 3
WORKS, THE Department shall make each acquisition under this subsection in the name 4
of the State to the use of the Department. 5
(3) (I) AFTER ACQUIR ING A REAL PROPERTY FEE SIMPLE 6
INTEREST UNDER THIS SECTION, THE DEPARTMENT SHALL INCL UDE A REQUEST 7
FOR FUNDS IN ITS ANN UAL BUDGET REQUEST T O THE DEPARTMENT OF BUDGET 8
AND MANAGEMENT TO CREATE NEW PERMANENT , CLASSIFIED POSITIONS TO 9
MANAGE AND ADMINISTE R THE REAL PROPERTY FEE SIMPLE INTEREST . 10
(II) THE REQUEST FOR FUNDS SHALL BE: 11
1. BASED ON THE MOST REC ENT DATA PROVIDED BY 12
THE DEPARTMENT IN THE OPE N SPACE REPORT REQUI RED BY CHAPTER 584 OF THE 13
ACTS OF THE GENERAL ASSEMBLY OF 1995; AND 14
2. CALCULATED USING THE RATIO OF AT LEAST ON E 15
PERMANENT , CLASSIFIED POSITION PER 400 ACRES OF NEWLY ACQUI RED REAL 16
PROPERTY FEE SIMPLE INTERESTS. 17
[(b)] (C) (1) Except for A real property INTEREST that is acquired by gift AND 18
SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , before [any] A real property 19
INTEREST is acquired from a private owner, the Department shall obtain two independent 20
appraisals of the property. 21
(2) THE DEPARTMENT , WITH THE APPROVAL OF THE BOARD OF 22
PUBLIC WORKS, MAY DEVELOP AND UTIL IZE AN EASEMENT VALUATION S YSTEM TO 23
VALUE CONSERVATION E ASEMENT INTERESTS . 24
[(c)] (D) (1) [A] EXCEPT FOR A REAL PRO PERTY INTEREST THAT IS 25
ACQUIRED BY GIFT , A contract for the acquisition of [land] A REAL PROPERTY INTE REST 26
under this section shall be approved, and MAY BE executed, by the Board of Public Works. 27
(2) At least 40 days before the Board of Public Works may act on a [land] 28
REAL PROPERTY INTERE ST acquisition under this section, the Department shall give 29
written notice of a potential acquisition of [land] A REAL PROPERTY INTE REST: 30
(i) To the governing body of the county in which the [land] REAL 31
PROPERTY INTEREST is located; and 32
10 HOUSE BILL 717
(ii) If the [land] REAL PROPERTY INTERE ST is located within a 1
municipal corporation, to the governing body of the municipal corporation. 2
(3) Within 30 days after receiving notice under this subsection, the 3
governing body may submit written comments to the Department. 4
[(d)] (E) The Board of Public Works shall supervise the expenditure of any 5
money that the General Assembly appropriates for the acquisition of [land] A REAL 6
PROPERTY INTEREST under this section. 7
[(e)] (F) (1) Subject to paragraphs (2) and (3), (3), AND (4) of this subsection, 8
the Department may dispose of [land] A REAL PROPERTY INTE REST owned and managed 9
by the Department as consideration for the acquisition of [land] A REAL PROPERTY 10
INTEREST not owned by the Department. 11
(2) Except as provided in paragraph (3) of this subsection, in implementing 12
this subsection, the Department shall comply with the procedures established under Title 13
5, Subtitle 3 and Title 10, Subtitle 3 of the State Finance and Procurement Article. 14
(3) (i) The Department may dispose of A real property INTEREST 15
owned by the State for the use and benefit of the Department in exchange for A privately 16
owned real property INTEREST without complying with the procedures established under 17
§§ 5–301 through 5–311 or §§ 10–301 through 10–309 of the State Finance and 18
Procurement Article, if: 19
1. The privately owned real property INTEREST subject to 20
the exchange is adjacent to the real property INTEREST owned by the State for the use and 21
benefit of the Department; 22
2. The real property INTEREST owned by the State for the 23
use and benefit of the Department AND subject to the exchange is adjacent to the privately 24
owned real property INTEREST; 25
3. The real property INTEREST owned by the State AND 26
SUBJECT TO THE EXCHA NGE does not exceed 5 acres in size; and 27
4. The owner of the privately owned real property INTEREST 28
requesting the exchange pays all costs associated with the exchange of the real property 29
INTEREST, including legal fees and boundary relocation, surveying, engineering, and 30
recordation costs. 31
(ii) Prior to a REAL property INTEREST exchange under this 32
paragraph, the Department shall: 33
1. Notify in writing by electronic mail or first–class mail: 34 HOUSE BILL 717 11
A. Owners of property adjacent to the privately owned real 1
property INTEREST subject to the exchange; 2
B. The General Assembly members who represent the 3
legislative district in which the real property INTEREST exchange is located; and 4
C. The governing body of the county in which the real 5
property INTEREST exchange is located; and 6
2. Refer the proposed exchange to the Board of Public Works 7
for final disposition. 8
(4) THE DEPARTMENT MAY NOT DI SPOSE OF A CONSERVAT ION 9
EASEMENT INTEREST UN DER THIS SUBSECTION . 10
[(f)] (G) The Board of Public Works may exempt projects under this section from 11
the provisions of this section. 12
[(g)] (H) (1) The Department shall adopt regulations to implement this 13
section. 14
(2) The regulations adopted under paragraph (1) of this subsection shall 15
include a system for appraisal review developed by the Department in consultation with 16
the Department of General Services. 17
1–109.1. 18
(A) IN THIS SECTION , “PROGRAM” MEANS THE LAND AND PROPERTY 19
MANAGEMENT PROGRAM. 20
(B) THERE IS A LAND AND PROPERTY MANAGEMENT PROGRAM IN THE 21
DEPARTMENT . 22
(C) THE PURPOSE OF THE PROGRAM IS TO PROCESS REAL PROPERT Y 23
TRANSACTIONS THAT IN VOLVE PROPERTY OWNED BY THE DEPARTMENT . 24
(D) THE PROGRAM IS RESPONSIBL E FOR: 25
(1) PROCESSING LEASE AGRE EMENTS, EASEMENTS, AND OTHER 26
PROPERTY–RELATED DOCUMENTS ; AND 27
(2) FACILITATING ISSUING LEASES FOR DEPARTMENT HOUSING TO 28
DEPARTMENT EMPLOYEES IN ACCORDANCE WITH T HE DEPARTMENT ’S 29
RESIDENTIAL HOUSING POLICY. 30 12 HOUSE BILL 717
SUBTITLE 11. AFFILIATED FOUNDATIONS . 1
1–1101. 2
(A) THE DEPARTMENT MAY ESTABL ISH ONE OR MORE AFFI LIATED 3
FOUNDATIONS TO WORK WITH THE MARYLAND PARK SERVICE, THE MARYLAND 4
FOREST SERVICE, THE WILDLIFE AND HERITAGE SERVICE, AND THE OFFICE OF 5
OUTDOOR RECREATION, AND THE NATURAL RESOURCES POLICE. 6
(B) THE PURPOSES OF AN AF FILIATED FOUNDATION ARE TO: 7
(1) SOLICIT AND ACCEPT FU NDS FOR IMPROVEMENTS DESIGNED TO 8
EXPAND AND ENHANCE T HE EQUITABLE USE OF AND ACCESS TO LANDS MANAGED 9
BY THE DEPARTMENT FOR RECREA TION AND CONSERVATIO N PURPOSES; 10
(2) PROMOTE ACTIVITIES TH AT: 11
(I) ENHANCE PUBLIC PROGRA MMING AND RECREATION AL AND 12
EDUCATIONAL OFFERING S; 13
(II) RESTORE OR MAINTAIN PU BLIC ACCESS TO THE N ATURAL 14
RESOURCES OF THE STATE; OR 15
(III) SUPPORT OPERATION AND MAINTENANCE , MAINTENANCE , 16
AND LAW ENFORCEMENT ACTIVITIES WITHIN LA NDS MANAGED BY THE 17
DEPARTMENT ; AND 18
(3) PARTNER WITH INDIVIDU ALS, CORPORATIONS , AND OTHER 19
ENTITIES TO SUPPORT INNOVATIVE PROJECTS THAT ENHANCE VISITOR S’ 20
EXPERIENCES AT LANDS MANAGED BY THE DEPARTMENT , INCLUDING EDUCATING 21
VISITORS, INCREASING INCLUSIVI TY, SUPPORTING SUSTAINAB ILITY, AND 22
PROMOTING HEALTH AND WELLNESS. 23
(C) (1) THE DEPARTMENT SHALL : 24
(I) DEVELOP POLICIES FOR OPERATING EACH AFFIL IATED 25
FOUNDATION THAT THE DEPARTMENT ESTABLISHE S, INCLUDING NAMING RIG HTS; 26
AND 27
(II) SUBMIT EACH POLICY DE VELOPED TO THE ATTORNEY 28
GENERAL AND THE STATE ETHICS COMMISSION FOR REVIEW AND, IF 29
APPROPRIATE , APPROVAL IN ACCORDAN CE WITH PARAGRAPHS (2) AND (3) OF THIS 30
SUBSECTION. 31 HOUSE BILL 717 13
(2) THE ATTORNEY GENERAL SHALL : 1
(I) REVIEW THE POLICIES T HE DEPARTMENT DEVELOPS 2
UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR FORM AND LEGAL SU FFICIENCY; 3
AND 4
(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 5
GOVERNING THE AFFILI ATED FOUNDATION . 6
(3) THE STATE ETHICS COMMISSION SHALL : 7
(I) REVIEW THE POLICIES T HE DEPARTMENT DEVELOPS 8
UNDER PARAGRAPH (1) OF THIS SUBSECTION T HAT PERTAIN TO CONFL ICTS OF 9
INTEREST; AND 10
(II) IF APPROPRIATE , APPROVE THE POLICIES FOR USE IN 11
GOVERNING AN OFFICIA L OR EMPLOYEE OF THE DEPARTMENT WHO ALSO S ERVES 12
AS A DIRECTOR OR AN OFFICIAL OF THE AFFI LIATED FOUNDATION . 13
(D) AN AFFILIATED FOUNDAT ION MAY SOLICIT AND RECEIVE 14
CONTRIBUTIONS FROM BUS INESSES, GOVERNMENTAL ENTITIE S, NONPROFIT 15
ORGANIZATIONS , AND INDIVIDUALS INTE RESTED IN THE PROMOT ION OF LANDS 16
MANAGED BY THE DEPARTMENT . 17
(E) (1) AN AFFILIATED FOUNDAT ION ESTABLISHED UNDE R THIS 18
SECTION MAY NOT BE C ONSIDERED AN AGENCY OR INSTRUMENTALITY OF THE 19
STATE OR A UNIT OF TH E EXECUTIVE BRANCH FOR ANY PURPOS E. 20
(2) A FINANCIAL OBLIGATION OR LIABILITY OF AN A FFILIATED 21
FOUNDATION ESTABLISH ED UNDER THIS SECTIO N MAY NOT BE CONSIDE RED A DEBT 22
OR AN OBLIGATION OF THE STATE OR THE DEPARTMENT. 23
(F) (1) SECTIONS 5–501 THROUGH 5–504 OF THE GENERAL PROVISIONS 24
ARTICLE DO NOT PROHIB IT AN OFFICIAL OR EM PLOYEE OF THE DEPARTMENT FROM 25
ALSO BECOMING A DIRE CTOR OR AN OFFICIAL OF AN AFFILIATED FOU NDATION 26
ESTABLISHED UNDER TH IS SECTION. 27
(2) AN OFFICIAL OR EMPLOYEE OF THE DEPARTMENT WHO SERVES 28
AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION EST ABLISHED 29
UNDER THIS SECTION : 30
(I) MAY NOT BE COMPENSATE D, DIRECTLY OR INDIRECT LY, BY 31
THE AFFILIATED FOUND ATION; AND 32 14 HOUSE BILL 717
(II) MAY BE REIMBURSED FOR BONA FIDE EXPENSES I NCURRED 1
IN THE PERFORMANCE O F ACTIVITIES UNDERTA KEN ON BEHALF OF THE 2
AFFILIATED FOUNDATIO N AS AUTHORIZED BY T HE DEPARTMENT AND THE BO ARD 3
OF DIRECTORS OF THAT AFFILIATED FOUNDATIO N. 4
(3) (I) THE DEPARTMENT SHALL NOTI FY THE STATE ETHICS 5
COMMISSION IN WRITING WHENEVER THE DEPARTMENT ALLOWS AN OFFICIAL OR 6
EMPLOYEE OF THE DEPARTMENT TO SERVE A S A DIRECTOR OR AN O FFICIAL OF AN 7
AFFILIATED FOUNDATIO N. 8
(II) WITHIN 30 DAYS AFTER RECEIPT O F THE NOTICE UNDER 9
SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE STATE ETHICS COMMISSION SHALL 10
NOTIFY THE DEPARTMENT OF ANY OBJ ECTIONS OR CONCERNS PERTAINING TO THE 11
JOINT SERVICE IDENTI FIED IN THE NOTICE . 12
(III) ON RECEIPT OF A NOTIC E FROM THE STATE ETHICS 13
COMMISSION UNDER SUBP ARAGRAPH (II) OF THIS PARAGRAPH , THE DEPARTMENT 14
SHALL REEXAMINE THE JOINT SERVICE IDENTI FIED IN THE NOTICE . 15
(4) THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE 16
GOVERNOR, THE LEGISLATIVE POLICY COMMITTEE OF THE GENERAL ASSEMBLY 17
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AND THE 18
STATE ETHICS COMMISSION ON : 19
(I) THE NAMES OF THE OFFI CIALS AND EMPLOYEES SERVING 20
AS A DIRECTOR OR AN OFFICIAL OF AN AFFIL IATED FOUNDATION ; AND 21
(II) HOW THE POLICIES ADOP TED UNDER SUBSECTION (C) OF 22
THIS SECTION HAVE BE EN IMPLEMENTED IN TH E PRECEDING YEAR. 23
(G) EACH YEAR AN INDEPEND ENT CERTIFIED PUBLIC ACCOUNTANT SHALL 24
AUDIT AN AFFILIATED FOUNDATION ESTABLISH ED UNDER THIS SECTIO N. 25
(H) FUNDS ACCEPTED BY AN AFFILIATED FOUNDATIO N UNDER THIS 26
SECTION ARE SUPPLEME NTAL TO AND ARE NOT INTENDED TO TAKE THE PLACE OF 27
FUNDING THAT OTHERWI SE WOULD BE PROVIDED IN THE ANNUAL STATE 28
OPERATING OR CAPITAL BUDGET BILL FOR PROJ ECTS OR ACTIVITIES O F THE 29
DEPARTMENT . 30
5–212. 31
(a) In this section, “Fund” means the Forest or Park Reserve Fund. 32
HOUSE BILL 717 15
(b) There is a Forest or Park Reserve Fund in the Department. 1
(f) The Fund consists of: 2
(1) Except as provided in § 5–307(f)(1)(iv) of this title, any money obtained 3
from the State forest reserves, State parks, scenic reserves, parkways, historic monuments, 4
and recreation areas; 5
(2) Revenue distributed to the Fund from fines collected under § 5–1302 of 6
this title; [and] 7
(3) Revenue received by the Fund under § 5–207(b) of this subtitle; AND 8
(4) ANY MONEY TRANSFERRED TO THE FUND UNDER § 5–903(I)(3)(II) 9
OF THIS TITLE. 10
5–903. 11
(e) (3) An agreement under this subsection shall be subject to approval by the 12
Board of Public Works under [§ 1–109(c)] § 1–109(D) of this article. 13
(I) (1) NOTWITHSTANDING ANY O THER PROVISION OF TH IS SECTION OR 14
THE ALLOCATION FORMU LAS IN § 13–209 OF THE TAX – PROPERTY ARTICLE AND 15
SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE GOVERNOR MAY TRANSFER 16
TO THE DEPARTMENT FUNDS FROM THE PROGRAM OPEN SPACE STATE LAND 17
ACQUISITION BALANCE IF: 18
(I) THE BALANCE IS MORE T HAN $80,000,000 AT THE END OF A 19
GIVEN FISCAL YEAR ; AND 20
(II) THE DEPARTMENT ’S EXISTING SPECIAL F UND SOURCES 21
ARE INSUFFICIENT TO COVER EXISTING SALAR IES FOR PERMANENT , CLASSIFIED 22
POSITIONS RESPONSIBL E FOR OPERATING AND MAINTAINING LANDS 23
ADMINISTERED AND MAN AGED BY THE DEPARTMENT . 24
(2) AFTER A FUND TRANSFER UNDER PARAGRAPH (1) OF THIS 25
SUBSECTION, THE REMAINING BALANC E MUST BE AT LEAST $80,000,000. 26
(3) (I) THE DEPARTMENT MAY USE AN Y AMOUNT OF THE 27
TRANSFERRED FUNDS AS A ONE–TIME FISCAL YEAR EXP ENDITURE FOR : 28
1. OPERATION AND MAI NTENANCE OF LANDS 29
ADMINISTERED AND MAN AGED BY THE DEPARTMENT ; 30
16 HOUSE BILL 717
2. ADMINISTRATIVE EXPENS ES RELATED TO LAND 1
ACQUIRED BY THE DEPARTMENT UNDER PROGRAM OPEN SPACE; OR 2
3. LAW ENFORCEMENT ACTIV ITIES, SERVICES, 3
SALARIES, AND RELATED EXPENSES OF THE NATURAL RESOURCES POLICE. 4
(II) THE DEPARTMENT MAY TRANSF ER ANY AMOUNT OF THE 5
TRANSFERRED FUNDS TO THE FOREST OR PARK RESERVE FUND ESTABLISHED 6
UNDER § 5–212 OF THIS TITLE. 7
(4) ANY FUND TRANSFER MAD E UNDER THIS SUBSECT ION 8
SUPPLEMENTS RATHER T HAN SUPPL ANTS ANY OTHER FUNDI NG FOR OPERATION , 9
MAINTENANCE , AND ADMINISTRATION O F LANDS ADMINISTERED AND MANAGED BY 10
THE DEPARTMENT REGARDLESS OF THE SOURCE OF THE OTHER FUNDING . 11
5–905. 12
(b) (3) Subject to the approval of the Department, a local governing body may 13
use part of its acquisition funds for initial or periodic updating of local land preservation 14
and recreation plans. The amount that may be used by a subdivision for planning purposes 15
in the local land preservation and recreation plan shall not exceed [$25,000 for any one 16
fiscal year] $125,000 FOR ANY INDIVIDUAL P LAN UPDATE WITHIN TH E 5–YEAR 17
UPDATE CYCLE . Local matching funds are not required for planning or updating the local 18
land preservation and recreation plan. 19
(c) (1) (i) One half of any local governing body’s annual apportionment 20
shall be used for acquisition or development projects provided that up to [20 percent] 20% 21
of the funds authorized for acquisition or development projects under this subparagraph 22
may be used for capital renewal as defined in § 5–901 of this subtitle. 23
(ii) 1. THIS SUBPARAGRAPH APP LIES TO A LOCAL 24
GOVERNING BODY ’S: 25
A. APPORTIONMENT NOT YE T ENCUMBERED AS OF JULY 26
1, 2025; 27
B. FISCAL YEAR 2026 APPORTIONMENT ; AND 28
C. FUTURE ANNUAL APPORTI ONMENT. 29
2. [1. Except as provided in subsubparagraph 2 of this 30
subparagraph, if] IF the Department and the Department of Planning certify that 31
acquisition goals set forth in the current, approved local land preservation and recreation 32
plan have been met [and that such acreage attainment equals or exceeds the minimum 33
recommended acreage goals developed for that jurisdiction under the Maryland Land 34 HOUSE BILL 717 17
Preservation and Recreation Plan], a local governing body may use up to [75 percent] 100% 1
of its future annual apportionment for development projects [for a period of 5 years after 2
attainment], provided that up to [20 percent] 20% of the funds authorized for use for 3
development projects under this subparagraph may be used for capital renewal 4
APPORTIONMENT FOR DE VELOPMENT PROJECTS . 5
[2. If the Department and the Department of Planning certify 6
that acquisition goals set forth in the current, approved local land preservation and 7
recreation plan have been exceeded and that the acreage attainment exceeds the minimum 8
recommended acreage goals developed for that jurisdiction under the Maryland Land 9
Preservation and Recreation Plan, the local governing body of a jurisdiction that has more 10
than 65,000 acres of land within the jurisdiction consisting of State forests, State parks, or 11
wildlife management areas may use up to 100 percent of its future annual apportionment 12
for development projects and capital renewal.] 13
(iii) If a county determines that it qualifies for the additional funds 14
for development and capital renewal projects under subparagraph (ii) of this paragraph, 15
before the due date for all local governing bodies to submit revised local land preservation 16
and recreation plans, that county may submit an interim local land preservation and 17
recreation plan: 18
1. Prior to the submission under subsection (b)(2) of this 19
section; and 20
2. In addition to the submission required under subsection 21
(b)(2) of this section. 22
(3) (i) Except as provided in subparagraph (iii) of this paragraph, if the 23
local governing body is unable to obtain STATE OR federal funds OTHER THAN THE 24
FUNDS ALLOCATED UNDE R SUBSECTION (A) OF THIS SECTION AND pursuant to § 25
5–906 of this subtitle, for each approved local development project the State shall provide: 26
1. 75 percent of the total project cost; or 27
2. If the Department has certified pursuant to paragraph (1) 28
of this subsection that acquisition goals have been met, 90 percent of the total project cost. 29
(ii) Except as provided in subparagraph (iii) of this paragraph, if 30
STATE FUNDS, OTHER THAN THE FUNDS ALLOCATED UNDER SUBS ECTION (A) OF 31
THIS SECTION, OR federal funds are provided on any development project cost, [the State 32
shall provide 50 percent of the difference between the total project cost and the federal 33
contribution. Subject to the limitation that total State funds, when added to every other 34
available fund, may not exceed 100 percent of a project’s cost, the minimum State 35
contribution to a project shall be 25 percent. If the federal funds are less than 50 percent of 36
the total project cost, the State shall provide an amount equal to the difference between the 37
federal contribution and] AND PROVIDED THAT TH E TOTAL STATE FUNDS WHEN 38 18 HOUSE BILL 717
ADDED TO EVERY OTHER AVAILABLE FUND DOES NOT EXCEED 100 PERCENT OF THE 1
TOTAL PROJECT COST , THE LOCAL JURISDICTI ON SHALL MATCH : 2
1. [75 percent of the total project cost] 25 PERCENT OF THE 3
PROGRAM OPEN SPACE GRANT AMOUNT ; or 4
2. [If the Department has certified pursuant to paragraph (1) 5
of this subsection that acquisition goals have been met, 90 percent of the total project cost] 6
10 PERCENT OF THE PROGRAM OPEN SPACE GRANT AMOUNT . 7
(d) If land is donated to local governing bodies during the fiscal year, 75 percent 8
of the appraised value the Department approves may be applied as a portion of, or all of, 9
the local governing body’s share of the project’s cost for the projects referred to in [§ 5–904 10
of this subtitle] SUBSECTION (C) OF THIS SECTION . 11
(e) If federal funds are received for any approved local project after it was funded 12
by the State in accordance with [subsection (b)] SUBSECTIONS (B) AND (C) of this section 13
[or § 5–904 of this subtitle], the applicant shall reimburse the State in an amount equal to 14
the federal contribution. The reimbursement shall be reserved for other projects approved 15
for the applicant up to the limit of the share allocated to the local governing body. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.