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.
*sb0428*
SENATE BILL 428
M2, M4, M1 5lr0359
CF HB 506
By: The President (By Request – Administration) and Senators Brooks, Ellis, Gile,
Henson, Hettleman, Kagan, Lam, Love, M. Washington, and West
Introduced and read first time: January 20, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 14, 2025
CHAPTER ______
AN ACT concerning 1
Chesapeake Bay Legacy Act 2
FOR the purpose of establishing the Maryland Leaders in Environmentally Engaged 3
Farming (LEEF) Program; establishing the Maryland Leaders in Environmentally 4
Engaged Farming (LEEF) Program Fund as a special, nonlapsing fund; altering the 5
definition of “healthy soils” for purposes of the Maryland Healthy Soils Program; 6
exempting certain holders of certain fishing licenses from the requirement to obtain 7
a food establishment license from the Maryland Department of Health; establishing 8
the Water Quality Monitoring Program; altering provisions of law regarding 9
fisheries management plans, including the entities required to be consulted, 10
circumstances under which a plan may be prepared, authorizing rather than 11
requiring that certain measures be adopted by regulation, and the location of certain 12
public hearings; altering application and public informational meeting requirements 13
and authorizations for certain submerged land or water column leases; altering 14
reporting requirements for the leaseholder of certain aquaculture and submerged 15
land leases; authorizing the Department of Natural Resources to lease certain land 16
to a person implementing practices that support healthy soils and regenerative 17
practices and traditions; establishing a process to develop a plan for permitting and 18
expediting the permitting of certain projects under the Whole Watershed Restoration 19
Partnership; requiring the Department of the Environment, by a certain date, to 20
authorize certain projects to be eligible to generate water quality trading credits and 21
develop a process for certifying the credits; providing that certain provisions of law 22
regarding stream and floodplain restoration projects may not be construed to apply 23 2 SENATE BILL 428
to permit or license applications submitted before a certain date; and generally 1
relating to the Chesapeake and Atlantic Coastal Bays watershed. 2
BY adding to 3
Article – Agriculture 4
Section 2–2401 through 2–2405 to be under the new subtitle “Subtitle 24. Maryland 5
Leaders in Environmentally Engaged Farming (LEEF) Program” 6
Annotated Code of Maryland 7
(2016 Replacement Volume and 2024 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Agriculture 10
Section 2–1901(a) and 8–706 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Health – General 15
Section 21–305(a) 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2024 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Health – General 20
Section 21–305(b) 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2024 Supplement) 23
BY adding to 24
Article – Natural Resources 25
Section 3–1101 to be under the new subtitle “Subtitle 11. Water Quality Monitoring 26
Program”; 4–11A–09(h); and 5–2101 and 5–2102 to be under the new subtitle 27
“Subtitle 21. Agriculture Leases on Department Land” 28
Annotated Code of Maryland 29
(2023 Replacement Volume and 2024 Supplement) 30
BY repealing and reenacting, with amendments, 31
Article – Natural Resources 32
Section 4–215, 4–11A–09(g), 4–11A–14, and 8–2B–02 33
Annotated Code of Maryland 34
(2023 Replacement Volume and 2024 Supplement) 35
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
That the Laws of Maryland read as follows: 37
Article – Agriculture 38
SENATE BILL 428 3
SUBTITLE 24. MARYLAND LEADERS IN ENVIRONMENTALLY ENGAGED FARMING 1
(LEEF) PROGRAM. 2
2–2401. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) “COMMUNITY BEST PRACTI CE” MEANS A FARM ’S OR FARMER ’S 6
DEMONSTRATED ENGAGEM ENT WITH MARYLAND COMMUNITIES AS IT RELATES TO: 7
(1) THE PRODUCTION , SALE, OR DISTRIBUTION OF MARYLAND FARM 8
PRODUCTS; OR 9
(2) PROVIDING SERVICE TO AN ORGANIZATION WHOS E FOCUS IS 10
ADVANCING MARYLAND’S AGRICULTURAL INDUS TRY, ENVIRONMENTAL OUTCOM ES, 11
CONSERVATION PRACTIC ES, OR AGRICULTURAL RESE ARCH AND EDUCATION. 12
(C) “CONSERVATION PRACTICE ” MEANS AN AGRICULTURA L PRACTICE 13
THAT: 14
(1) PREVENTS OR TREATS PR OBLEMS WITH SOIL , WATER, AIR, PLANT, 15
OR ANIMAL SOURCES OF POLLUTION; AND 16
(2) HAS A STANDARD METHOD OF CONSTRUCTION OR A PPLICATION 17
THAT IS DEVELOPED BY THE NATURAL RESOURCES CONSERVATION SERVICE AND 18
LISTED IN THE SERVICE’S MARYLAND FIELD OFFICE TECHNICAL GUIDE. 19
(D) (1) “FIXED NATURAL BUFFER ” MEANS A STRIP OF MAI NTAINED, 20
NATIVE VEGETATION AL ONGSIDE A BODY OF WA TER. 21
(2) “FIXED NATURAL BUFFER ” INCLUDES THE FOLLOWI NG FIXED 22
NATURAL FILTER PRACT ICES: 23
(I) THE PLANTING OF RIPAR IAN FOREST BUFFERS ; 24
(II) THE PLANTING OF RIPAR IAN HERBACEOUS COVER ; 25
(III) TREE PLANTINGS THAT A RE ON AGRICULTURAL L AND; AND 26
(IV) WETLAND RESTORATION . 27
(3) “FIXED NATURAL BUFFER ” DOES NOT INCLUDE PAS TURE 28
MANAGEMENT , AS DESCRIBED UNDER § 8–701(D)(5) OF THIS ARTICLE. 29
4 SENATE BILL 428
(E) “100–FOOT TIDAL BUFFER ” MEANS ANY LAND WITHI N 100 FEET OF: 1
(1) THE MEAN HIGH WATER L INE OF TIDAL WATERS ; 2
(2) THE EDGE OF EACH BANK OF A TRIBUTARY TIDAL STRE AM; OR 3
(3) THE LANDWARD BOUNDARY OF A TIDAL WETLAND . 4
(F) “PROGRAM” MEANS THE MARYLAND LEADERS IN ENVIRONMENTALLY 5
ENGAGED FARMING (LEEF) PROGRAM ESTABLISHED U NDER § 2–2402 OF THIS 6
SUBTITLE. 7
2–2402. 8
(A) THERE IS A MARYLAND LEADERS IN ENVIRONMENTALLY ENGAGED 9
FARMING (LEEF) PROGRAM. 10
(B) THE PURPOSES OF THE PROGRAM ARE TO : 11
(1) INVIGORATE STRATEGIES TO: 12
(I) REDUCE NUTRIENTS IN S UPPORT OF CHESAPEAKE BAY 13
WATERSHED RESTORATIO N; 14
(II) MITIGATE FARM EMISSIO NS AND INCREASE CARBON 15
SEQUESTRATION IN ACC ORDANCE WITH MARYLAND’S CLIMATE POLLUTION 16
REDUCTION PLAN; AND 17
(III) ALIGN ENVIRONMENTAL G OALS AND INITIATIVES OF THE 18
DEPARTMENT AND THE STATE WHILE ENHANCING FARM PROFITABILITY ; 19
(2) PROVIDE PRODUCERS WIT H GREATER INCENTIV ES TO 20
VOLUNTARILY PARTICIP ATE IN THE ADOPTION OF MULTIPLE CONSERVA TION 21
PRACTICES AND COMMUN ITY BEST PRACTICES W ITHIN INDIVIDUAL AGR ICULTURAL 22
OPERATIONS OR ACROSS MULTIPLE OPERATIONS THAT ARE IN CLOSE PR OXIMITY TO 23
ONE ANOTHER ; 24
(3) ESTABLISH TIERS OF RE COGNITION FOR PRODUCER S TO BE 25
EVALUATED FOR PROGRAM CERTIFICATION ; AND 26
(4) PROVIDE STATE FUNDS TO INCENT IVIZE THE COORDINATE D 27
ADOPTION OF CONSERVA TION PRACTICES AND C OMMUNITY BEST PRACTI CES TO 28
ACHIEVE ENVIRONMENTA L, SOCIAL, AND CLIMATE RESILIEN CY BENEFITS AND 29
NUTRIENT AND SEDIMEN T REDUCTION. 30 SENATE BILL 428 5
2–2403. 1
TO CARRY OUT THE PURP OSES OF THE PROGRAM THE DEPARTMENT SHALL , 2
SUBJECT TO THE DISCR ETION OF THE SECRETARY: 3
(1) ASSIGN A PROGRAM ADMINISTRATOR AND PROVIDE FOR 4
ADEQUATE ADMINISTRAT IVE SUPPORT; 5
(2) IN CONSULTATION WITH ME MBERS OF THE AGRICUL TURAL, 6
CONSERVATION , ENVIRONMENTAL , AND HIGHER EDUCATION COMMUNITIES , 7
DEVELOP AND PROMOTE A SUITE OF CONSERVAT ION PRACTICES AND CO MMUNITY 8
BEST PRACTICES ELIGI BLE FOR THE PROGRAM, INCLUDING: 9
(I) CONSERVATION TILLA GE; 10
(II) NUTRIENT INPUT REDUCT ION; 11
(III) COVER CROP PLANTINGS ; 12
(IV) USE OF NATURAL FILTER S; 13
(V) CONSERVING AND INCREA SING WILDLIFE AND PO LLINATOR 14
HABITATS; 15
(VI) HEALTHY SOILS PRACTIC ES; 16
(VII) FACILITATING WORK EXP ERIENCE FOCUSED ON 17
AGRICULTURE IN UNDER SERVED COMMUNITIES ; 18
(VIII) PARTNERING WITH OPERA TORS TO IMPROVE 19
CONSERVATION PRACTIC ES ON LEASED LAND ; 20
(IX) LIAISING BETWEEN THE DEPARTMENT AND UNDERS ERVED 21
COMMUNITIES TO FACIL ITATE OUTREACH AND I DENTIFY BARRIERS TO 22
DEPARTMENT PROGRAMS REACHING BR OADER AUDIENCES ; 23
(IX) (X) PARTICIPATING IN THE FARMERS’ MARKET 24
NUTRITION PROGRAM; 25
(X) (XI) PARTNERING WITH FOOD BANKS OR NONPROFIT 26
ORGANIZATIONS TO ADD RESS FOOD INSECURITY ; 27
(XI) (XII) PARTICIPATING IN THE CERTIFIED LOCAL FARM AND 28
FISH PROGRAM; 29 6 SENATE BILL 428
(XII) (XIII) USING ON–FARM RENEWABLE ENERG Y; 1
(XIII) (XIV) MENTORING NEW AND BEG INNING FARMERS ; AND 2
(XIV) (XV) PARTNERING WITH AN IN STITUTION OF HIGHER 3
EDUCATION OR QUALIFI ED TECHNICAL SERVICE PROVIDER TO CONDUCT 4
FIELD–BASED RESEARCH ; OR 5
(XVI) INSTALLATION OF A FIX ED NATURAL BUFFER , INCLUDING 6
WITHIN A 100–FOOT TIDAL BUFFER ; 7
(3) IN CONSULTATION WITH MEMBERS OF THE AGRIC ULTURAL, 8
CONSERVATION , ENVIRONMENTAL , AND HIGHER EDUCATION COMMUNITIES , 9
DEVELOP CRITERIA AN D APPROPRIATE EVALUA TION MEASURES TO EST ABLISH THE 10
TIERS OF RECOGNITION FOR PROGRAM CERTIFICATION THAT INCLUDES 11
CONSIDERATION OF : 12
(I) PROXIMITY OF A CONSER VATION PRACTICE OR C OMMUNITY 13
BEST PRACTICE TO WAT ERS OF THE STATE; 14
(II) THE EXTENT TO WHICH A CONSERVATION PRACTIC E OR 15
COMMUNITY BEST PRACT ICE PROTECTS OR REST ORES THE CHESAPEAKE AND 16
ATLANTIC COASTAL BAYS CRITICAL AREA OR OTHER AREA DE SIGNATED FOR 17
REGULATION OR SPECIA L PROTECTION UNDER A FEDERAL OR STATE LAW; AND 18
(III) THE EXTENT TO WHICH A CONSERVATION PRACTICE OR 19
COMMUNITY BEST PRACT ICE ENGAGES WITH AND BENEFITS OVERBURDENE D AND 20
UNDERSERVED COMMUNIT IES; 21
(4) EVALUATE APPLICATIONS ON A CONTINUING BASI S AND 22
CONFIRM PARTICIPANT COMPLIANCE WITH PROGRAM CRITERIA ; AND 23
(5) COORDINATE WITH THE DEPARTMENT OF NATURAL RESOURCES, 24
THE DEPARTMENT OF THE ENVIRONMENT , AND THE MARYLAND ENERGY 25
ADMINISTRATION , AS APPROPRIATE , TO ESTABLISH INCENTI VES FOR 26
PARTICIPATION IN THE PROGRAM. 27
2–2404. 28
(A) IN THIS SECTION , “FUND” MEANS THE MARYLAND LEADERS IN 29
ENVIRONMENTALLY ENGAGED FARMING (LEEF) PROGRAM FUND. 30
SENATE BILL 428 7
(B) THERE IS A MARYLAND LEADERS IN ENVIRONMENTALLY ENGAGED 1
FARMING (LEEF) PROGRAM FUND IN THE DEPARTMENT . 2
(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 3
(D) THE STATE TREASURER SHALL HOLD THE FUND SEPARA TELY, AND THE 4
COMPTROLLER SHALL ACC OUNT FOR THE FUND. 5
(E) THE FUND, FOR FISCAL YEARS 2026 THROUGH 2031, MAY RECEIVE UP 6
TO $2,000,000 PER YEAR OF THE MONE Y THAT: 7
(1) IS APPROPRIATED IN TH E ANNUAL STATE BUDGET TO FUND TREE 8
PLANTING UNDER § 8–706 OF THIS ARTICLE; AND 9
(2) THE DEPARTMENT DETERMINES WILL NOT BE ABLE TO BE USED 10
FOR THE TREE PLANTIN GS. 11
(E) FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE 12
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 13
AT LEAST $900,000 TO THE FUND. 14
(F) (1) THE FUND MAY BE USED ONLY TO: 15
(1) (I) SUPPORT ACTIONS ASSOC IATED WITH FULFILLIN G THE 16
PROGRAM’S PURPOSE; AND 17
(2) (II) COVER NOT MORE THAN 20% OF SUBJECT TO PARAGRAPH 18
(2) OF THIS SUBSECTION , COVER THE DEPARTMENT ’S ADMINISTRATIVE COS TS TO 19
ADMINISTER THE PROGRAM. 20
(2) IN EACH FISCAL YEAR , NOT MORE THAN 20% OF THE FUND MAY 21
BE USED FOR ADMINIST RATIVE COSTS OF THE DEPARTMENT . 22
2–2405. 23
THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE . 24
8–706. 25
(a) To maximize participation in the Conservation Reserve Enhancement 26
Program, in fiscal years 2023 through 2031, inclusive, a landowner who enrolls land 27
planted with a forested streamside buffer shall receive a one–time signing bonus of up to 28
$1,000 per acre of land enrolled. 29
(b) Signing bonuses provided under this section shall be funded with: 30 8 SENATE BILL 428
(1) Money appropriated under subsection (c) of this section; and 1
(2) The amount specified in § 9–1605.2(i)(11)(i) of the Environment Article. 2
(c) (1) For fiscal years 2024 through 2031, in each year the Governor shall 3
appropriate $2,500,000 in the annual State budget to fund [tree]: 4
(I) TREE planting under this section and other tree planting 5
programs on agricultural land; AND 6
(II) THE MARYLAND LEADERS IN ENVIRONMENTALLY 7
ENGAGED FARMING (LEEF) PROGRAM FUND IN ACCORDANCE WI TH § 2–2404 OF 8
THIS ARTICLE. 9
(2) Money appropriated under this subsection is supplemental to and may 10
not take the place of funding that would otherwise be appropriated for tree plantings under 11
this section and other tree planting programs on agricultural land. 12
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 13
as follows: 14
Article – Agriculture 15
2–1901. 16
(a) (1) In this subtitle the following words have the meanings indicated. 17
(2) (I) “Healthy soils” means the continuing capacity of soil to: 18
[(i)] 1. Function as a biological system; 19
[(ii)] 2. Increase soil organic matter; 20
[(iii)] 3. Improve soil structure and water and nutrient holding 21
capacity; and 22
[(iv)] 4. Sequester carbon and reduce greenhouse gas emissions. 23
(II) “HEALTHY SOILS ” MAY INCLUDE REGENERA TIVE 24
PRACTICES AND TRADIT IONS. 25
(3) “Program” means the Maryland Healthy Soils Program. 26
SENATE BILL 428 9
(4) (I) “REGENERATIVE PRACTICE S AND TRADITIONS ” MEANS A 1
FORM OF LAND MANAGEMENT AND STEWARDSHIP APPROACH ES AND PRACTICES 2
THAT: 3
1. DRAWS ON TRADITIONS A ND INNOVATIONS FROM 4
AFRICAN, INDIGENOUS, AND ORIGINAL LAND ST EWARDS; 5
2. PROMOTES CULTURALLY I MPORTANT FOOD AND 6
CLIMATE JUSTICE PROG RAMS AND INITIATIVES ; AND 7
3. ENHANCES THE LAND AND ECOSYSTEM THROUGH 8
ADAPTIVE LAND MANAGE MENT PRACTICES THAT IMPROVE SOIL HEALTH AND 9
WATER QUALITY , RESTORE BIODIVERSITY , MITIGATE CLIMATE CHA NGE IMPACTS, 10
AND PROVIDE THE GREA TEST COMMUNITY BENEF ITS. 11
(II) “REGENERATIVE PRACTICE S AND TRADITIONS ” INCLUDES 12
PRACTICES SUCH AS PR ODUCING FOOD IN THE STATE FOR DISTRIBUTIO N WITHIN 13
THE STATE. 14
Article – Health – General 15
21–305. 16
(a) Except as otherwise provided in this subtitle, a person may not operate a food 17
establishment unless the person is licensed by the Department. 18
(b) (1) A separate license is required for each food establishment that a person 19
owns or operates. 20
(2) Except in Baltimore City, the provisions of this subsection may require 21
a license for each location where vending machines are operated, but may not require a 22
separate license for each individual vending machine. 23
(3) Except in Baltimore City, vending machine locations used exclusively 24
for prepackaged and commercially sealed foods that are not potentially hazardous, as 25
defined by regulation, are not required to be licensed. 26
(4) In Baltimore City, a license may be required for each individual vending 27
machine. 28
(5) (i) An excluded organization may operate a food establishment 29
without a license unless the excluded organization has been issued a license under § 30
21–304(a)(2)(ii) of this subtitle. 31
10 SENATE BILL 428
(ii) If the Department adopts regulations governing excluded 1
organizations serving potentially hazardous foods prepared in a private kitchen, an 2
excluded organization shall meet any requirements in the regulations. 3
(6) A license is not required for a person who: 4
(i) Produces shell eggs; 5
(ii) Sells the shell eggs directly to the public; and 6
(iii) Is registered with or inspected by the Secretary of Agriculture 7
under § 4–310 or § 4–311.1 of the Agriculture Article. 8
(7) A LICENSE IS NOT REQUI RED FOR A PERSON WHO : 9
(I) IS LICENSED BY THE DEPARTMENT OF NATURAL 10
RESOURCES UNDER § 4–701 OR § 4–701.1 OF THE NATURAL RESOURCES ARTICLE; 11
AND 12
(II) HARVESTS AND PROCESSES FI NFISH ON A VESSEL BY 13
IKEJIME FOR DIRECT S ALE TO RESTAURANTS . 14
(8) Except as provided in § 21–304 of this subtitle, nothing in this subtitle 15
shall preempt the right of a county to require a permit under the authority provided by a 16
local law, ordinance, or regulation if this subtitle does not require the food establishment 17
to obtain a State license. 18
Article – Natural Resources 19
SUBTITLE 11. WATER QUALITY MONITORING PROGRAM. 20
3–1101. 21
(A) THERE IS A WATER QUALITY MONITORING PROGRAM WITH IN THE 22
DEPARTMENT . 23
(B) THE PURPOSE OF THE WATER QUALITY MONITORING PROGRAM IS TO: 24
(1) PROVIDE FOR A CONSIST ENT STATEWIDE APPROA CH FOR 25
IMPROVING WATER QUAL ITY MONITORING DATA , CONSISTENT WITH THE MOST 26
UP–TO–DATE SCIENTIFIC KNOW LEDGE AND TECHNOLOGI ES; 27
(2) CONDUCT LONG –TERM AND TARGETED SH ORT–TERM WATER 28
QUALITY MONITORING A ND ASSESSMENTS TO DE VELOP AN UNDERSTANDI NG OF 29
AND GUIDE PROGRAMS D ESIGNED TO MEET WATE R QUALITY IMPROVEMEN T GOALS, 30 SENATE BILL 428 11
IMPROVE AQUATIC LIVI NG RESOURCES AND HAB ITAT, ADDRESS CLIMATE CHAN GE 1
IMPACTS, AND IMPLEMENT RESILI ENCE PLANNING ; 2
(3) INTEGRATE WATER QUALI TY MONITORING DATA I NTO PLANNING 3
PROCESSES TO INFORM POLICY CHOICES ABOUT THE EFFECTIVENESS OF 4
MANAGEMENT ACTIONS ; AND 5
(4) PROVIDE THE GENERAL P UBLIC WITH READILY A VAILABLE 6
WATER QUALITY MONITORING D ATA TO GUIDE RECREAT IONAL AND OTHER PASS IVE 7
USES. 8
(C) THE DEPARTMENT MAY ASSESS AND INCORPORATE WATE R QUALITY 9
MONITORING DATA THAT MEETS THE QUALITY AS SURANCE AND USE GOAL S OF THE 10
STATE DATA SETS INTO THE WATER QUALITY MONITORING PROGRAM. 11
4–215. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) “Conservation and management measures” means 1 or more techniques 14
through which the objectives of a fishery management plan are achieved. 15
(3) “Fishery” or “fishery resource” means: 16
(i) One or more stocks of fish which can be treated as a unit for 17
purposes of conservation and management and which are identified on the basis of 18
geographic, scientific, technical, recreational, and economic characteristics; or 19
(ii) The group or industry harvesting those stocks. 20
(4) “Fishery management” means the system used to conserve and allocate 21
the fishery resource, including research and data collection, determination of objectives and 22
management measures, and establishment, enforcement, and periodic evaluation of 23
regulations. 24
(5) “Fishery management plan” means [a document or report that 25
contains] a systematic description of a given fishery OR FISHERIES and the objectives and 26
conservation and management measures for the fishery OR FISHERIES. 27
(6) “SUPPLEMENT ” MEANS A MARYLAND–SPECIFIC SUPPLEMENT 28
PREPARED UNDER SUBSE CTION (B) OF THIS SECTION. 29
(b) (1) [The Department shall prepare fishery management plans for the 30
following species: 31
(1) Striped bass or rockfish; 32 12 SENATE BILL 428
(2) (I) White perch; 1
(3) (II) Yellow perch; 2
(4) American shad; 3
(5) Hickory shad; 4
(6) (III) Oysters; 5
(7) (IV) Blue crabs; 6
(8) Bluefish; 7
(9) Herring; 8
(10) Weakfish; 9
(11) Croaker; 10
(12) Spot; 11
(13) Summer flounder; 12
(14) American eel; 13
(15) Red drum; 14
(16) Black drum; 15
(17) Spotted sea trout; 16
(18) Horseshoe crabs; 17
(19) Menhaden; 18
(20) Tautog; 19
(21) Black sea bass; 20
(22) Scup; 21
(23) (V) Hard shell clams; 22
(24) (VI) Catfish; and 23 SENATE BILL 428 13
(25) (VII) Cownose ray]. 1
(2) FOR SPECIES OF FISH T HAT HAVE AN ATLANTIC STATES MARINE 2
FISHERIES COMMISSION FISHERY MA NAGEMENT PLAN , AS AUTHORIZED UNDER § 3
4–301 OF THIS TITLE, OR A FEDERAL REGIONAL FISHERY MANAGEMENT COUNCIL 4
FISHERY MANAGEMENT P LAN, THE DEPARTMENT : 5
(1) (I) SHALL MANAGE THOSE SP ECIES IN ACCORDANCE WITH 6
THOSE PLANS AND ANY SUPPLEMENTS TO THOSE PLANS ; 7
(2) (II) MAY IMPLEMENT CONSERV ATION AND MANAGEMENT 8
MEASURES IN ACCORDAN CE WITH THOSE PLANS ; 9
(3) (III) MAY PREPARE A MARYLAND–SPECIFIC SUPPLEMENT TO 10
THOSE PLANS IF , AFTER CONSULTATION W ITH THE TIDAL FISHERIES ADVISORY 11
COMMISSION, SPORT FISHERIES ADVISORY COMMISSION, AND ANY OTHER 12
APPROPRIATE ADVISORY BODIES CREATED UNDER THIS TITLE, THE DEPARTMENT 13
DETERMINES THAT IMPO SING MORE RESTRICTIV E MEASURES IS NECESSARY TO 14
CONSERVE THE FISHERY ; AND 15
(4) (IV) MAY IMPLEMENT CONSERV ATION AND MANAGEMENT 16
MEASURES IN ACCORDAN CE WITH A SUPPLEMENT ADOPTED UNDER THIS SECTION. 17
SECTION; AND 18
(V) MAY MANAGE THOSE SPEC IES IN ACCORDANCE WI TH A 19
FISHERY MANAGEMENT P LAN PREPARED BY THE DEPARTMENT IN ACCORDA NCE 20
WITH SUBSECTION (C) OF THIS SECTION. 21
(c) (1) The Department may prepare fishery management plans for any 22
species of fish if, after consultation with the [Tidal Fisheries Advisory Commission and, the 23
Sport Fisheries Advisory Commission, AND ANY OTHER ] APPROPRIATE ADVISORY 24
BODIES CREATED UNDER THIS TITLE, the Department determines that the plans are 25
necessary based on: 26
(I) LACK OF MANAGEMENT BY THE ATLANTIC STATES MARINE 27
FISHERIES COMMISSION OR A FEDER AL REGIONAL FISHERY MANAGEMENT 28
COUNCIL; 29
[(1)] (II) The population of the species; 30
[(2)] (III) The distribution of the species; 31
[(3)] (IV) The habitat needs of the species; or 32 14 SENATE BILL 428
[(4)] (V) Other biological, ecological, CLIMATOLOGICAL , or 1
socioeconomic factors concerning the species OR CHESAPEAKE BAY REGION. 2
[(d) (1)] (2) A FISHERY MANAGEMENT P LAN MAY INCLUDE : 3
(I) PROPOSED LIMITATIONS ON THE CATCH OF FISH , BASED ON 4
AREA, SPECIES, SIZE, NUMBER, WEIGHT, SEX, INCIDENTAL CATCH , TOTAL BIOMASS, 5
OR OTHER FACTORS THA T ARE NECESSARY AND APPROPRIATE FOR CONS ERVATION 6
AND MANAGEMENT OF A FISHERY; 7
(II) INCORPORATION OF RELE VANT FISHERY CONSERV ATION 8
AND MANAGEMENT MEASU RES PROPOSED OR ADOP TED BY INTERSTATE BO DIES OF 9
WHICH MARYLAND IS A MEMBE R; AND 10
(III) OTHER PROPOSED MEASUR ES, REQUIREMENTS , OR 11
CONDITIONS AND RESTR ICTIONS THAT ARE NEC ESSARY AND APPROPRIA TE FOR 12
FISHERY MANAGEMENT . 13
(3) (I) THE DEPARTMENT MAY IMPLEM ENT CONSERVATION AND 14
MANAGEMENT MEASURES IN ACCORDANCE WITH A FISHERY MANA GEMENT PLAN 15
ADOPTED UNDER THIS S ECTION. 16
(II) Conservation and management measures [adopted] 17
IMPLEMENTED under a fishery management plan, to the extent possible: 18
[(i)] 1. Shall prevent overfishing while attempting to achieve the 19
best and most efficient utilization of the State’s fishery resources; 20
[(ii)] 2. Shall be based on the best information available; 21
[(iii)] 3. May not discriminate unfairly among groups of 22
[fishermen] ANGLERS COMMERCIAL AND RECRE ATIONAL FISHING PART ICIPANTS, 23
INCLUDING INDIVIDUALS LIC ENSED TO GUIDE FISHI NG PARTIES AND CHART ER 24
BOAT CAPTAINS , or have economic allocation as its sole purpose; 25
[(iv)] 4. Shall take into account and allow for variations among, 26
and contingencies in, fisheries, fishery resources, and catches; [and] 27
[(v)] 5. Shall avoid duplication of regulatory efforts and 28
unnecessary costs to the State and to any other person; AND 29
6. SHALL TAKE INTO ACCOU NT CHANGES IN 30
ENVIRONMENTAL FACTOR S, INCLUDING CLIMATOLOG ICAL FACTORS. 31 SENATE BILL 428 15
[(2)] (4) If it becomes necessary to allocate or assign fishing privileges 1
among various groups of individuals under paragraph [(1)(iii)] (3)(II)3 of this subsection, 2
or under any fishery management plan, that allocation shall be: 3
(i) Fair and equitable to all individuals; 4
(ii) Reasonably calculated to promote conservation; and 5
(iii) Carried out in such a manner that no particular individual, 6
corporation, or other entity acquires an excessive share of such privileges. 7
[(e) (1)] (5) [Except] SUBJECT TO ANY APPLIC ABLE SUPPLEMENT AND 8
EXCEPT as provided in paragraph [(2)] (6) of this subsection, a fishery management plan 9
may apply separately or jointly to the waters of the Chesapeake Bay and its tidal 10
tributaries, the coastal bays and their tributaries, and the Maryland waters of the Atlantic 11
Ocean and shall include: 12
(i) The best available estimates of sustainable harvest rates; 13
(ii) Indicators that would trigger any tightening or loosening of 14
harvest restrictions; 15
(iii) A description of the fishery, including: 16
1. The history of the fishery, and its current condition 17
relative to historic populations; 18
2. The numbers of potential commercial FISHING 19
PARTICIPANTS, INCLUDING INDIVIDUAL S LICENSED TO GUIDE FISHING PARTIES 20
AND CHARTE R BOAT CAPTAINS , and recreational [fishermen] ANGLERS FISHING 21
PARTICIPANTS projected to participate in the fishery; 22
3. The type and quantity of fishing gear used commercially; 23
4. Where practicable, the cost likely to be incurred in the 24
management of the fishery; and 25
5. The actual and potential revenues from the recreational 26
and commercial fishery; 27
(iv) If the Department determines that a fishery has been, or is 28
currently, overfished: 29
1. A species–specific time period for: 30
16 SENATE BILL 428
A. Ending or appropriately addressing overfishing; and 1
B. Rebuilding the stock of the species to a sustainable level; 2
and 3
2. A description of: 4
A. Management strategies that have a high probability of 5
reducing fishing to a target level within a target time period, as determined by the 6
Department; and 7
B. The appropriate assignment or allocation of fishing 8
privileges in accordance with [subsection (d)(2)] PARAGRAPH (4) of this [section] 9
SUBSECTION ; and 10
(v) Other pertinent data that will assist the Secretary in 11
determining conservation and management measures reasonably necessary to ensure that 12
the fishery resources will be sustained. 13
[(2)] (6) The Department may waive the requirements in paragraph 14
[(1)(iv)] (5)(IV) of this subsection for a species of fish if the Department determines that 15
meeting the requirements is not practicable or biologically appropriate based on: 16
(i) The specific biology of the species; 17
(ii) The management of the species under a federal or multi–state 18
fishery management plan; 19
(iii) The designation of the species as a nuisance; 20
(iv) Environmental conditions; or 21
(v) Other ecological factors. 22
[(3)] (D) (1) (i) The Department shall: 23
1. In coordination with the University of Maryland Center 24
for Environmental Science and the Oyster Advisory Commission, develop a package of 25
consensus recommendations for enhancing and implementing the fishery management 26
plan for oysters that will be informed by a collaboratively developed, science–based 27
modeling tool to quantify the long–term impacts of identified management actions and 28
possible combinations of management actions on: 29
A. Oyster abundance; 30
B. Oyster habitat; 31
SENATE BILL 428 17
C. Oyster harvest; 1
D. Oyster harvest revenue; and 2
E. Nitrogen removal; and 3
2. Hold public listening sessions throughout the State to 4
identify possible management actions for use in the public oyster fishery. 5
(ii) The Oyster Advisory Commission, with the assistance of external 6
conflict resolution and facilitation specialists, shall: 7
1. Develop a package of consensus recommendations through 8
a facilitated consensus solutions process, based on a 75% majority agreement level for each 9
recommendation; 10
2. Recommend management actions or combinations of 11
management actions to achieve the targets identified in the oyster stock assessment with 12
the goal of increasing oyster abundance; and 13
3. Review model results for each management action or 14
combination of management actions to inform its recommendations. 15
(iii) 1. The Department shall submit interim reports on the 16
development of the package of consensus recommendations by August 1, 2020, December 17
1, 2020, and August 1, 2021, to the Governor and, in accordance with § 2–1257 of the State 18
Government Article, the General Assembly. 19
2. In addition to the requirements under subsubparagraph 1 20
of this subparagraph, the Department shall include in the interim report submitted by 21
August 1, 2021: 22
A. The status of the development of the science–based 23
modeling tool used to quantify the long–term impacts of identified management actions; 24
and 25
B. A summary of the model results of any actions identified 26
by the Oyster Advisory Commission on or before the date of the interim report. 27
3. The Department shall provide a final report by December 28
1, 2021, which will include an implementation schedule for the consensus 29
recommendations, to the Governor and, in accordance with § 2 –1257 of the State 30
Government Article, the General Assembly. 31
(iv) To be responsive to changes in the oyster resource due to 32
environmental conditions, the Department shall: 33
18 SENATE BILL 428
1. Review the status of the stock relative to reference points 1
every 2 years and conduct a benchmark stock assessment every 6 years with consideration 2
of new methods and with external peer review; and 3
2. With the input of interested stakeholders, implement 4
management actions that increase oyster habitat, maintain harvest, and grow the oyster 5
stock. 6
[(4)] (2) The fishery management plan developed in accordance with 7
paragraph [(3)] (1) of this subsection shall: 8
(i) End the overfishing of oysters in all areas and regions of the 9
Chesapeake Bay and its tributaries where overfishing has occurred according to biological 10
reference points established by the most recent oyster stock assessment while maintaining 11
a harvest in the fishery; 12
(ii) Achieve fishing mortality rates at target levels; 13
(iii) Increase oyster abundance; 14
(iv) Increase oyster habitat; and 15
(v) Facilitate the long–term sustainable harvest of oysters, 16
including the public fishery. 17
[(f) A fishery management plan may include: 18
(1) Proposed limitations on the catch of fish, based on area, species, size, 19
number, weight, sex, incidental catch, total biomass, or other factors, which are necessary 20
and appropriate for conservation and management of a fishery; 21
(2) Incorporation of relevant fishery conservation and management 22
measures proposed or adopted by interstate bodies of which Maryland is a member; and 23
(3) Other proposed measures, requirements, or conditions and restrictions 24
which are necessary and appropriate for fishery management. 25
(g)] (E) The Department shall present the management plans AND 26
SUPPLEMENTS under this section in the form of an annual report, subject to § 2–1257 of 27
the State Government Article, to: 28
(1) The Legislative Policy Committee; 29
(2) The Senate Committee on Education, Energy, and the Environment; 30
and 31
(3) The Environment and Transportation Committee. 32 SENATE BILL 428 19
[(h)] (F) (1) (i) The [Secretary shall] DEPARTMENT : 1
1. SHALL adopt [the proposed] BY REGULATION : 2
A. A FISHERY management [plans] PLAN PREPARED BY 3
THE DEPARTMENT UNDER THIS SECTION; AND 4
B. A SUPPLEMENT PREPARED BY THE DEPARTMENT 5
UNDER THIS SECTION ; and [any proposed] 6
2. MAY ADOPT conservation and management measures by 7
regulation FOR: 8
A. AN ATLANTIC STATES MARINE FISHERIES 9
COMMISSION FISHERY MA NAGEMENT PLAN ; 10
B. A FEDERAL REGIONAL FISHERY MANAGEMENT 11
COUNCIL FISHERY MANAG EMENT PLAN; 12
C. A FISHERY MANAGEMENT P LAN PREPARED AND 13
ADOPTED BY THE DEPARTMENT UNDER THIS SECTION; AND 14
D. A SUPPLEMENT PREPARED AND ADOPTED BY THE 15
DEPARTMENT UNDER THIS SECTION. 16
(ii) 1. The Secretary may adopt conservation and management 17
measures in separate proceedings and by separate regulations. 18
2. Conservation and management measures adopted 19
separately may include changes to those proposed or adopted in a fishery management plan 20
OR SUPPLEMENT and any additional measures necessary to carry out the adopted plan 21
OR SUPPLEMENT . 22
(iii) The Secretary may not prohibit the use of pound net sites in the 23
coastal bays that are registered with the Department as of January 1, 2000. 24
(2) (I) The regulations of the Department to implement a fisheries 25
management plan for the coastal bays may not become effective under this section until the 26
Department first holds A public [hearings in Worcester County] HEARING. 27
(II) THE PUBLIC HEARING RE QUIRED UNDER SUBPARA GRAPH 28
(I) OF THIS PARAGRAPH MA Y BE HELD IN PERSON IN WORCESTER COUNTY OR, IN 29
WHOLE OR IN PART , REMOTELY BY ELECTRON IC MEANS. 30
20 SENATE BILL 428
(3) All notices of public hearings required for the adoption of regulations 1
under this section shall be printed in the Maryland Register and further publicized so as to 2
provide reasonable notice to the affected communities OF COMMERCIAL FISHIN G 3
PARTICIPANTS, INCLUDING INDIVIDUAL S LICENSED TO GUIDE FISHING PARTIES 4
AND CHARTER BOAT CAP TAINS, AND RECREATIONAL FIS HING PARTICIPANTS [of 5
fishermen] and the public. 6
[(i)] (G) Notwithstanding any other provision of this title, except § 4–1002 of 7
this title, once a fishery management plan OR SUPPLEMENT has been adopted by 8
regulation, the State’s fishery resources shall be harvested in accordance with the 9
conservation and management measures in the fishery management plan OR 10
SUPPLEMENT and any regulations implementing or amending that plan OR 11
SUPPLEMENT . 12
[(j)] (H) The provisions of this section do not apply to aquaculture activities in 13
nontidal ponds, lakes, or impoundments in the State. 14
4–11A–09. 15
(g) (1) If an application for a submerged land or water column lease in the 16
Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this subtitle: 17
(i) The applicant for the lease shall mark the CENTER OF THE 18
proposed area with a stake; and 19
(ii) The Department shall: 20
1. SURVEY THE CORNERS OF THE PROPOSED LEASE 21
AREA; 22
2. Advertise the application on the website of the 23
Department and once a week for 2 weeks in a newspaper published in the county or counties 24
where the proposed lease is to be located; 25
[2.] 3. Notify the owners of property directly in front of the 26
proposed activity; 27
[3.] 4. Notify each Chair of an Oyster Committee in the county in 28
which the proposed activity is located; and 29
[4.] 5. Notify other interested parties that the Department 30
[deems] CONSIDERS appropriate. 31
(2) (i) [Within] ANY PERSON MAY SUBMIT A WRITTEN REQUEST 32
FOR A PUBLIC INFORMA TIONAL MEETING ON TH E ISSUANCE OF A LEAS E WITHIN 30 33 SENATE BILL 428 21
days [of] AFTER publication of the last advertisement under paragraph (1) of this 1
subsection[, any]. 2
(II) THE REQUEST FOR A PUB LIC INFORMATI ONAL MEETING 3
SUBMITTED TO THE DEPARTMENT UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH 4
MUST CONTAIN THE NAM E, MAILING ADDRESS , AND E–MAIL ADDRESS OF THE 5
REQUESTOR . 6
(III) THE DEPARTMENT SHALL HOLD A PUBLIC INFORMATION AL 7
MEETING ON THE ISSUA NCE OF A LEASE ON THE REQUEST OF ANY P ERSON. 8
(3) (I) ANY person who has a specific right, duty, privilege, or interest 9
that is different from that held by the general public and may be adversely affected by the 10
proposed lease may file a WRITTEN petition with the Department protesting the issuance 11
of the lease: 12
1. WITHIN 30 DAYS AFTER PUBLICATI ON OF THE LAST 13
ADVERTISEMENT UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 14
2. WITHIN 7 DAYS AFTER A PUBLIC INFORMATIONAL 15
MEETING HELD IN ACCO RDANCE WITH PARAGRAP H (2) OF THIS SUBSECTION . 16
(II) A PROTEST FILED WITH T HE DEPARTMENT UNDER 17
SUBPARAGRAPH (I) OF THIS PARAGRAPH MU ST CONTAIN: 18
1. THE NAME, MAILING ADDRESS , AND E–MAIL ADDRESS 19
OF THE PROTESTANT ; 20
2. A STATEMENT INDICATING THAT THE PROTESTANT 21
INTENDS TO PROTEST THE LEASE AND THE RE ASONS FOR THE PROTES T; AND 22
3. A STATEMENT DESCRIBING THE PROTESTANT ’S 23
SPECIFIC RIGHT, DUTY, PRIVILEGE, OR INTEREST THAT IS DIFFERENT FROM THAT 24
HELD BY THE GENERAL PUBLIC AND MAY BE AD VERSELY AFFECTED BY THE 25
PROPOSED LEASE . 26
(III) THE DEPARTMENT MAY REQUIR E MEDIATION BETWEEN 27
THE PROTESTANT , THE APPLICANT , AND THE DEPARTMENT BEFORE TRA NSMITTING 28
THE PROTEST TO THE OFFICE OF ADMINISTRATIVE HEARINGS. 29
[(ii)] (IV) The protest shall be heard in accordance with the 30
requirements of the Administrative Procedure Act under Title 10, Subtitle 2 of the State 31
Government Article. 32
22 SENATE BILL 428
[(iii) The Department shall hold a public informational meeting on the 1
issuance of a lease on the request of any person. 2
(iv)] (V) Immediately after termination of the period [prescribed] 3
SPECIFIED in subparagraph (i) of this paragraph for filing a petition or after a final 4
decision dismissing a protest, the Department shall [survey the proposed leased area and] 5
issue a lease to the applicant. 6
(H) THE DEPARTMENT, IN CONSULTATION WITH THE AQUACULTURE 7
COORDINATING COUNCIL, MAY CHARGE AN APPLIC ANT REASONABLE ADVER TISING 8
AND SURVEY FEES . 9
4–11A–14. 10
(a) (1) Except as provided in paragraph (2) of this subsection, a leaseholder 11
may cultivate or remove shellfish planted on [his] THE LEASEHOLDER ’S aquaculture or 12
submerged land lease area in any manner [he deems] THE LEASEHOLDER CONS IDERS 13
proper. 14
(2) A person may not use a hydraulic escalator dredge to harvest shellfish 15
in the Atlantic Coastal Bays. 16
(b) (1) Each leaseholder shall keep accurate records concerning the seeding 17
and planting of cultch and [oysters] SHELLFISH on[,] and the harvesting[,] and selling of 18
[oysters] SHELLFISH from [his] THE LEASEHOLDER ’S aquaculture, submerged land, or 19
demonstration lease area. 20
(2) Each leaseholder shall report this information to the Department 21
ELECTRONICALLY OR on forms SPECIFIED BY the Department [prescribes]. 22
(c) (1) On or before January [1] 31 of each year, a leaseholder shall provide to 23
the Department a report documenting the use of the lease during the prior year. 24
(2) A leaseholder shall provide to the Department any other report that the 25
Department may require. 26
(3) Failure to file a report may result in termination of the lease. 27
(4) Failure to actively use a lease may result in termination of the lease. 28
SUBTITLE 21. AGRICULTURE LEASES ON DEPARTMENT LAND. 29
5–2101. 30
SENATE BILL 428 23
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “HEALTHY SOILS ” HAS THE MEANING STAT ED IN § 2–1901 OF THE 3
AGRICULTURE ARTICLE. 4
(C) “REGENERATIVE PRACTICE S AND TRADITIONS ” HAS THE MEANING 5
STATED IN § 2–1901 OF THE AGRICULTURE ARTICLE. 6
5–2102. 7
(A) THE DEPARTMENT MAY LEASE LAND OWNED OR MANAGE D BY THE 8
DEPARTMENT TO A PERSO N IMPLEMENTING PRACT ICES THAT SUPPORT HEALTHY 9
SOILS AND REGENERATI VE PRACTICES AND TRA DITIONS. 10
(B) (1) THE LEASE TERM MAY BE FOR A MINIMUM OF 10 YEARS. 11
(2) THE LEASE SHALL REQUI RE THE LESSEE TO COM PLY WITH ALL 12
APPLICABLE STATE AND FEDERAL LAW S AND REGULATIONS . 13
(C) THE DEPARTMENT S HALL CONSULT WITH TH E DEPARTMENT OF 14
AGRICULTURE ON THE DE VELOPMENT OF A TEMPL ATE FOR LEASES ENTER ED INTO 15
UNDER THIS SECTION . 16
8–2B–02. 17
(a) There is a Whole Watershed Restoration Partnership. 18
(b) The purpose of the Partnership is to accelerate restoration of the Chesapeake 19
and Atlantic Coastal Bays and their watersheds by equitably focusing assistance on actions 20
and areas that are: 21
(1) Cost–effective; 22
(2) Likely to demonstrate a rapid systemic response to restoration activity, 23
including rapid de–listing of impaired streams identified under § 303(d) of the federal Clean 24
Water Act; and 25
(3) Supported by the local government. 26
(c) (1) The Secretary shall establish a State management team to administer 27
the Partnership. 28
(2) The State management team shall include: 29
24 SENATE BILL 428
(i) One representative of the Department, designated by the 1
Secretary; 2
(ii) One representative of the Department of the Environment, 3
designated by the Secretary of the Environment; 4
(iii) One representative of the Department of Agriculture, designated 5
by the Secretary of Agriculture; 6
(iv) One representative of the Department of Planning, designated 7
by the Secretary of Planning; 8
(v) One representative of the Critical Area Commission for the 9
Chesapeake and Atlantic Coastal Bays, designated by the chair of the Commission; and 10
(vi) The Chief Resilience Officer, or the Chief Resilience Officer’s 11
designee. 12
(3) The representative of the Department shall chair the State 13
management team. 14
(4) The State management team shall coordinate with other entities, 15
including the U.S. Army Corps of Engineers and the U.S. Environmental Protection 16
Agency, as necessary to carry out its functions and duties under this subtitle. 17
(d) (1) The Partnership shall employ staff in accordance with the State budget. 18
(2) State agencies may provide staff or other assistance to the Partnership. 19
(e) On or before October 1, 2024, and every 5 years thereafter, the State 20
management team shall issue a request for proposals for projects that: 21
(1) Occur within a single Maryland 8–Digit Watershed as identified in the 22
statewide digital watershed file maintained by the Department of Information Technology; 23
(2) Include a strategy describing the partners, actions, and benefits that 24
the project will incorporate over a 5–year period; 25
(3) Provide at least five of the benefits specified under subsection (f)(2)(viii) 26
of this section; and 27
(4) Are endorsed by each county and municipal corporation in which the 28
project will occur. 29
(f) (1) Subject to paragraph (3) of this subsection, on or before March 1, 2025, 30
and every 5 years thereafter, the State management team may approve up to five projects 31
to receive assistance under this section. 32 SENATE BILL 428 25
(2) The State management team shall evaluate a proposed project based 1
on whether the proposed project: 2
(i) Is located in a watershed in which habitat restoration and 3
pollution reduction will: 4
1. Result in the greatest improvements to shallow water 5
habitat and living resources; 6
2. Achieve rapid de–listing of impaired streams identified 7
under § 303(d) of the federal Clean Water Act and published in the Department of the 8
Environment’s Triennial Review of Water Quality Standards; or 9
3. Generate rapidly improving conditions in the local 10
ecosystem; 11
(ii) Emphasizes actions that are expected to provide the greatest, 12
most cost–effective, and measurable amount of pollution reduction; 13
(iii) Supports land use policies, conservation programs, and 14
restoration protocols at the local level that will sustain project actions and outcomes; 15
(iv) Has documented interest from a group of affected property 16
owners to allow restoration or conservation actions on their property; 17
(v) Minimizes the loss of trees and other natural habitats; 18
(vi) Demonstrates opportunities to implement actions that reduce 19
environmental disparities experienced by overburdened or underserved communities; 20
(vii) Demonstrates opportunities to foster innovation in restoration 21
science or practices; 22
(viii) In addition to land–based habitat restoration and water quality 23
improvement, anticipates benefits related to: 24
1. The creation or restoration of wildlife habitat, riparian 25
buffers, and wetland restoration; 26
2. The restoration of aquatic resources, such as freshwater 27
mussels, fish passage, or oyster reefs; 28
3. Carbon sequestration; 29
4. Climate change mitigation, adaptation, or resilience; 30
26 SENATE BILL 428
5. Local employment opportunities; 1
6. Improving and protecting public health; and 2
7. Recreational opportunities and public access to waterways 3
and natural habitats; and 4
(ix) Creates partnership opportunities among nonprofit and 5
for–profit organizations, community organizations, all levels of government, and scientists. 6
(3) The State management team shall: 7
(i) Work to ensure that the projects approved include: 8
1. One project located in a predominantly urban area; 9
2. One project located in a predominantly suburban area; 10
3. Two projects primarily focused on reducing pollution in a 11
predominantly agricultural area; and 12
4. One project that incorporates collaborative efforts with an 13
adjoining state; and 14
(ii) Ensure that at least two approved projects are located in and 15
provide benefits to an overburdened or underserved community. 16
(4) The State management team may require siting, design, construction, 17
maintenance, and operation principles and standards for a project that are in addition to 18
those required by law or regulation if the team determines that those principles and 19
standards are necessary to preserve the benefits of the project. 20
(G) (1) AS SOON AS POSSIBLE A FTER APPROVING A PRO JECT UNDER THIS 21
SECTION, THE STATE MANAGEMENT TEAM AND THE PROJECT SPON SOR SHALL MEET 22
TO DEVELOP A PLAN FO R PERMITTING THE PRO JECT, INCLUDING IDENTIFYING ALL : 23
(I) REQUIRED STATE AND FEDERAL PER MITS; 24
(II) SUPPORTING DOCUMENTAT ION THAT MUST BE SUB MITTED 25
WITH EACH PERMIT APP LICATION; 26
(III) TIME FRAMES FOR SUBMI TTING THE PERMITS AN D 27
SUPPORTING DOCUMENTA TION; AND 28
(IV) POINTS OF CONTACT WITHIN EACH RELEVANT AGENCY FOR 29
EACH OF THE PERMITS . 30 SENATE BILL 428 27
(2) TO EXPEDITE THE PERMI TTING PROCESS TO THE EXTENT 1
ALLOWED BY STATE AND FEDERAL LAW , THE STATE MANAGEMENT TEAM AND 2
PROJECT SPONSOR SHAL L: 3
(I) INVITE ALL RELEVANT STATE AND FEDERAL AGE NCIES, 4
INCLUDING THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE U.S. ARMY 5
CORPS OF ENGINEERS, AND THE NATIONAL MARINE FISHERIES SERVICE, TO THE 6
MEETING REQUIRED UND ER PARAGRAPH (1) OF THIS SUBSECTION ; AND 7
(II) COORDINATE WITH EACH AGENCY TO DEVELOP TH E PLAN 8
FOR PERMITTING THE P ROJECT, INCLUDING TIME FRAME S AND REQUIREMENTS 9
FOR EACH APPLICATION . 10
[(g)] (H) For a period of 5 years after approving a project, the State management 11
team shall: 12
(1) Assist the project sponsor in developing an implementation and 13
financing plan, including measurable outcomes, for the duration of the project; 14
(2) Award implementation grants from the Fund and other appropriate 15
State funds and accounts: 16
(i) For up to 50% of project costs; 17
(ii) In accordance with the implementation and financing plan 18
developed under item (1) of this subsection; and 19
(iii) With consideration given to the progress of the project as 20
documented in the report required under subsection [(i)(2)] (J)(2) of this section; 21
(3) Award operations grants to the project sponsor for project 22
administration costs in accordance with § 8–2A–02(f)(5) of this title; 23
(4) Provide for coordinated and transparent State permitting to the extent 24
allowed by State and federal law, including the use of the permit tracking dashboard 25
established by the Secretary under subsection [(k)] (L) of this section; 26
(5) Provide funding to the project sponsor to support water quality 27
monitoring at the project site; and 28
(6) Meet with the project sponsor and participating local governments at 29
least six times each calendar year to review and facilitate progress on the project. 30
[(h)] (I) A project sponsor shall provide opportunities for community 31
engagement for the duration of the project by including: 32 28 SENATE BILL 428
(1) At least four community meetings that include representation from 1
each local government endorsing the project; and 2
(2) An opportunity for public comment on the preliminary design of each 3
major or large–scale action proposed by the project. 4
[(i)] (J) (1) A project sponsor shall identify appropriate metrics to track 5
progress on meeting the outcomes identified in the project’s implementation and financing 6
plan. 7
(2) (i) A project sponsor shall report on the progress of the project at 8
the intervals and in the format required by the State management team. 9
(ii) A report under this paragraph shall include information on: 10
1. Community engagement efforts; 11
2. Restoration and conservation actions initiated and 12
completed; 13
3. Trees affected and trees at immediate or future risk of 14
impact due to restoration actions; 15
4. Funding from all sources that was solicited, awarded, or 16
spent; and 17
5. The progress made toward meeting the outcomes 18
identified in the project’s implementation and financing plan, including the metrics used 19
for tracking progress under paragraph (1) of this subsection. 20
(3) The State management team may require a project sponsor to perform 21
and report on water quality monitoring for more than 5 years. 22
[(j)] (K) On or before November 1, 2025, and each November 1 thereafter, the 23
State management team shall report to the General Assembly, in accordance with § 2–1257 24
of the State Government Article, on the status of each approved project. 25
[(k)] (L) (1) The Secretary shall establish a permit tracking dashboard that 26
provides [publicly]: 27
(I) PUBLICLY available information on the permit schedules and 28
requirements for actions that require a State OR FEDERAL permit; AND 29
(II) THE PLAN REQUIRED UND ER SUBSECTION (G) OF THIS 30
SECTION REDACTED TO PROTECT ANY CONFIDEN TIAL INFORMATION . 31 SENATE BILL 428 29
(2) A PROJECT SPONSOR SHAL L PROVIDE QUARTERLY UPDATES TO 1
THE STATE MANAGEMENT TEAM WITH THE INFORMATION NECESSARY FOR THE 2
PERMIT TRACKING DASH BOARD, INCLUDING THE STATUS OF ALL REQUIRED STATE 3
AND FEDERAL PERMITS . 4
(3) The permit tracking dashboard shall be made available to the public on 5
the Department’s website. 6
SECTION 3. AND BE IT FURTHER ENACTED, That, by December 31, 2025, the 7
Department of the Environment shall: 8
(1) authorize oyster restoration projects funded in whole or in part by 9
federal, State, or local governments to be eligible to generate water quality trading credits; 10
and 11
(2) develop a process for certifying water quality trading credits generated 12
by oyster restoration projects. 13
SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of Chapters 558 and 14
559 of the Acts of the General Assembly of 2024 may not be construed to apply to permit or 15
license applications submitted to the Department of the Environment before July 1, 2025. 16
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1, 2025. Section 1 of this Act shall remain effective for a period of 5 years and, at the end of 18
June 30, 2030, Section 1 of this Act, with no further action required by the General 19
Assembly, shall be abrogated and of no further force and effect. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.