Maryland 2025 Regular Session

Maryland Senate Bill SB428 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0428
9	6
10	7		SENATE BILL 428
11	8		M2, M4, M1 5lr0359
12		-	CF ~~HB 506~~
	9	+	CF 5lr0360
13	10		By: The President (By Request – Administration) and Senators Brooks, Ellis, Gile,
14	11		Henson, Hettleman, Kagan, Lam, Love, M. Washington, and West
15	12		Introduced and read first time: January 20, 2025
16	13		Assigned to: Education, Energy, and the Environment
17		-	Committee Report: Favorable with amendments
18		-	Senate action: Adopted with floor amendments
19		-	Read second time: March 14, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Chesapeake Bay Legacy Act 2
26	20
27	21		FOR the purpose of establishing the Maryland Leaders in Environmentally Engaged 3
28	22		Farming (LEEF) Program; establishing the Maryland Leaders in Environmentally 4
29	23		Engaged Farming (LEEF) Program Fund as a special, nonlapsing fund; altering the 5
30	24		definition of “healthy soils” for purposes of the Maryland Healthy Soils Program; 6
31	25		exempting certain holders of certain fishing licenses from the requirement to obtain 7
32	26		a food establishment license from the Maryland Department of Health; establishing 8
33	27		the Water Quality Monitoring Program; altering provisions of law regarding 9
34	28		fisheries management plans, including the entities required to be consulted, 10
35	29		circumstances under which a plan may be prepared, authorizing rather than 11
36	30		requiring that certain measures be adopted by regulation, and the location of certain 12
37	31		public hearings; altering application and public informational meeting requirements 13
38	32		and authorizations for certain submerged land or water column leases; altering 14
39	33		reporting requirements for the leaseholder of certain aquaculture and submerged 15
40	34		land leases; authorizing the Department of Natural Resources to lease certain land 16
41	35		to a person implementing practices that support healthy soils and regenerative 17
42	36		practices and traditions; establishing a process to develop a plan for permitting and 18
43	37		expediting the permitting of certain projects under the Whole Watershed Restoration 19
44	38		Partnership; requiring the Department of the Environment, by a certain date, to 20
45	39		authorize certain projects to be eligible to generate water quality trading credits and 21
46	40		develop a process for certifying the credits; providing that certain provisions of law 22
47		-	regarding stream and floodplain restoration projects may not be construed to apply 23 2 SENATE BILL 428
	41	+	regarding stream and floodplain restoration projects may not be construed to apply 23
	42	+	to permit or license applications submitted before a certain date; and generally 24
	43	+	relating to the Chesapeake and Atlantic Coastal Bays watershed. 25
	44	+
	45	+	BY adding to 26
	46	+	Article – Agriculture 27
	47	+	Section 2–2401 through 2–2405 to be under the new subtitle “Subtitle 24. Maryland 28
	48	+	Leaders in Environmentally Engaged Farming (LEEF) Program” 29 2 SENATE BILL 428
48	49
49	50
50		-	~~to permit or license applications submitted before a certain date; and generally~~ 1
51		-	~~relating to the Chesapeake~~ and ~~Atlantic Coastal Bays watershed.~~ 2
	51	+	Annotated Code of Maryland 1
	52	+	(2016 Replacement Volume and 2024 Supplement) 2
52	53
53		-	BY ~~adding to~~ 3
	54	+	BY repealing and reenacting, with amendments, 3
54	55		Article – Agriculture 4
55		-	Section 2–2401 through 2–2405 to be under the new subtitle “Subtitle 24. Maryland 5
56		-	Leaders in Environmentally Engaged Farming (LEEF) Program” 6
57		-	Annotated Code of Maryland 7
58		-	(2016 Replacement Volume and 2024 Supplement) 8
	56	+	Section 2–1901(a) and 8–706 5
	57	+	Annotated Code of Maryland 6
	58	+	(2016 Replacement Volume and 2024 Supplement) 7
59	59
60		-	BY repealing and reenacting, ~~with~~ amendments, 9
61		-	Article – ~~Agriculture 10~~
62		-	Section 2–~~1901~~(a) ~~and 8–706 11~~
63		-	Annotated Code of Maryland 12
64		-	(~~2016~~ Replacement Volume and 2024 Supplement) 13
	60	+	BY repealing and reenacting, without amendments, 8
	61	+	Article – Health – General 9
	62	+	Section 21–305(a) 10
	63	+	Annotated Code of Maryland 11
	64	+	(2023 Replacement Volume and 2024 Supplement) 12
65	65
66		-	BY repealing and reenacting, ~~without~~ amendments, 14
67		-	Article – Health – General 15
68		-	Section 21–305(a) 16
69		-	Annotated Code of Maryland 17
70		-	(2023 Replacement Volume and 2024 Supplement) 18
	66	+	BY repealing and reenacting, with amendments, 13
	67	+	Article – Health – General 14
	68	+	Section 21–305(b) 15
	69	+	Annotated Code of Maryland 16
	70	+	(2023 Replacement Volume and 2024 Supplement) 17
71	71
72		-	BY repealing and reenacting, with amendments, 19
73		-	Article – Health – General 20
74		-	Section 21–305(b) 21
75		-	Annotated Code of Maryland 22
76		-	(2023 Replacement Volume and 2024 Supplement) 23
	72	+	BY adding to 18
	73	+	Article – Natural Resources 19
	74	+	Section 3–1101 to be under the new subtitle “Subtitle 11. Water Quality Monitoring 20
	75	+	Program”; 4–11A–09(h); and 5–2101 and 5–2102 to be under the new subtitle 21
	76	+	“Subtitle 21. Agriculture Leases on Department Land” 22
	77	+	Annotated Code of Maryland 23
	78	+	(2023 Replacement Volume and 2024 Supplement) 24
77	79
78		-	BY adding to 24
79		-	Article – Natural Resources 25
80		-	Section 3–1101 to be under the new subtitle “Subtitle 11. Water Quality Monitoring 26
81		-	Program”; 4–11A–09(h); and 5–2101 and 5–2102 to be under the new subtitle 27
82		-	“Subtitle 21. Agriculture Leases on Department Land” 28
83		-	Annotated Code of Maryland 29
84		-	(2023 Replacement Volume and 2024 Supplement) 30
	80	+	BY repealing and reenacting, with amendments, 25
	81	+	Article – Natural Resources 26
	82	+	Section 4–215, 4–11A–09(g), 4–11A–14, and 8–2B–02 27
	83	+	Annotated Code of Maryland 28
	84	+	(2023 Replacement Volume and 2024 Supplement) 29
85	85
86		-	BY repealing and reenacting, with amendments, 31
87		-	Article – Natural Resources 32
88		-	Section 4–215, 4–11A–09(g), 4–11A–14, and 8–2B–02 33
89		-	Annotated Code of Maryland 34
90		-	(2023 Replacement Volume and 2024 Supplement) 35
	86	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 30
	87	+	That the Laws of Maryland read as follows: 31
91	88
92		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
93		-	That the Laws of Maryland read as follows: 37
	89	+	Article – Agriculture 32
94	90
95		-	Article – Agriculture 38
	91	+	SUBTITLE 24. MARYLAND LEADERS IN ENVIRONMENTALLY ENGAGED FARMING 33
	92	+	(LEEF) PROGRAM. 34
	93	+
	94	+	2–2401. 35
96	95		SENATE BILL 428 3
97	96
98	97
99		-	~~SUBTITLE 24. MARYLAND LEADERS~~ IN ~~ENVIRONMENTALLY ENGAGED FARMING~~ 1
100		-	~~(LEEF) PROGRAM~~. 2
	98	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
	99	+	INDICATED. 2
101	100
102		-	2–2401. 3
	101	+	(B) “COMMUNITY BEST PRACTI CE” MEANS A FARM ’S OR FARMER ’S 3
	102	+	DEMONSTRATED ENGAGEM ENT WITH MARYLAND COMMUNITIES AS IT RELATES TO: 4
103	103
104		-	(A) ~~IN THIS SUBTITLE~~ THE ~~FOLLOWING WORDS HAVE THE MEANINGS 4~~
105		-	~~INDICATED. 5~~
	104	+	(1) THE PRODUCTION, SALE, OR DISTRIBUTION OF MARYLAND FARM 5
	105	+	PRODUCTS; OR 6
106	106
107		-	(B) “COMMUNITY BEST PRACTI CE” MEANS A FARM ’S OR FARMER ’S 6
108		-	DEMONSTRATED ENGAGEM ENT WITH MARYLAND COMMUNITIES AS IT RELATES TO: 7
	107	+	(2) PROVIDING SERVICE TO AN ORGANIZATION WHOS E FOCUS IS 7
	108	+	ADVANCING MARYLAND’S AGRICULTURAL INDUS TRY, ENVIRONMENTAL OUTCOM ES, 8
	109	+	CONSERVATION PRACTIC ES, OR AGRICULTURAL RESE ARCH AND EDUCATION . 9
109	110
110		-	(1) ~~THE PRODUCTION , SALE,~~ ~~OR DISTRIBUTION OF MARYLAND FARM 8~~
111		-	~~PRODUCTS; OR 9~~
	111	+	(C) “CONSERVATION PRACTICE ” MEANS AN AGRICULTURA L PRACTICE 10
	112	+	THAT: 11
112	113
113		-	(2) PROVIDING SERVICE TO AN ORGANIZATION WHOS E FOCUS IS 10
114		-	ADVANCING MARYLAND’S AGRICULTURAL INDUS TRY, ENVIRONMENTAL OUTCOM ES, 11
115		-	CONSERVATION PRACTIC ES, OR AGRICULTURAL RESE ARCH AND EDUCATION. 12
	114	+	(1) PREVENTS OR TREATS PR OBLEMS WITH SOIL , WATER, AIR, PLANT, 12
	115	+	OR ANIMAL SOURCES OF POLLUTION; AND 13
116	116
117		-	(C) “CONSERVATION PRACTICE ” MEANS AN AGRICULTURA L PRACTICE 13
118		-	THAT: 14
	117	+	(2) HAS A STANDARD METHOD OF CONSTRUCTION OR A PPLICATION 14
	118	+	THAT IS DEVELOPED BY THE NATURAL RESOURCES CONSERVATION SERVICE AND 15
	119	+	LISTED IN THE SERVICE’S MARYLAND FIELD OFFICE TECHNICAL GUIDE. 16
119	120
120		-	(1) PREVENTS OR TREATS PR OBLEMS WITH SOIL , WATER, AIR, PLANT, 15
121		-	OR ANIMAL SOURCES OF POLLUTION; AND 16
	121	+	(D) “PROGRAM” MEANS THE MARYLAND LEADERS IN ENVIRONMENTALLY 17
	122	+	ENGAGED FARMING (LEEF) PROGRAM ESTABLISHED U NDER § 2–2402 OF THIS 18
	123	+	SUBTITLE. 19
122	124
123		-	(2) HAS A STANDARD METHOD OF CONSTRUCTION OR A PPLICATION 17
124		-	THAT IS DEVELOPED BY THE NATURAL RESOURCES CONSERVATION SERVICE AND 18
125		-	LISTED IN THE SERVICE’S MARYLAND FIELD OFFICE TECHNICAL GUIDE. 19
	125	+	2–2402. 20
126	126
127		-	(D) ~~(1) “FIXED NATURAL BUFFER ” MEANS~~ A ~~STRIP OF MAI NTAINED,~~ 20
128		-	~~NATIVE VEGETATION AL ONGSIDE A BODY OF WA TER~~. 21
	127	+	(A) THERE IS A MARYLAND LEADERS IN ENVIRONMENTALLY ENGAGED 21
	128	+	FARMING (LEEF) PROGRAM. 22
129	129
130		-	(2) “FIXED NATURAL BUFFER ” INCLUDES THE FOLLOWI NG FIXED 22
131		-	NATURAL FILTER PRACT ICES: 23
	130	+	(B) THE PURPOSES OF THE PROGRAM ARE TO : 23
132	131
133		-	(I) ~~THE PLANTING OF RIPAR IAN FOREST BUFFERS ;~~ 24
	132	+	(1) INVIGORATE STRATEGIES TO: 24
134	133
135		-	(II) THE PLANTING OF RIPAR IAN HERBACEOUS COVER ; 25
	134	+	(I) REDUCE NUTRIENTS IN S UPPORT OF CHESAPEAKE BAY 25
	135	+	WATERSHED RESTORATIO N; 26
136	136
137		-	(III) TREE PLANTINGS THAT A RE ON AGRICULTURAL L AND; AND 26
138		-
139		-	(IV) WETLAND RESTORATION . 27
140		-
141		-	(3) “FIXED NATURAL BUFFER ” DOES NOT INCLUDE PAS TURE 28
142		-	MANAGEMENT , AS DESCRIBED UNDER § 8–701(D)(5) OF THIS ARTICLE. 29
	137	+	(II) MITIGATE FARM EMISSIONS AND I NCREASE CARBON 27
	138	+	SEQUESTRATION IN ACC ORDANCE WITH MARYLAND’S CLIMATE POLLUTION 28
	139	+	REDUCTION PLAN; AND 29
143	140		4 SENATE BILL 428
144	141
145	142
146		-	(E) “100–FOOT TIDAL BUFFER ” MEANS ANY LAND WITHI N 100 FEET OF: 1
	143	+	(III) ALIGN ENVIRONMENTAL G OALS AND INITIATIVES OF THE 1
	144	+	DEPARTMENT AND THE STATE WHILE ENHANCING FARM PROFITABILITY ; 2
147	145
148		-	(1) THE MEAN HIGH WATER L INE OF TIDAL WATERS ; 2
	146	+	(2) PROVIDE PRO DUCERS WITH GREATER INCENTIVES TO 3
	147	+	VOLUNTARILY PARTICIP ATE IN THE ADOPTION OF MULTIPLE CONSERVA TION 4
	148	+	PRACTICES AND COMMUNITY BEST P RACTICES WITHIN INDI VIDUAL AGRICULTURAL 5
	149	+	OPERATIONS OR ACROSS MULTIPLE OPERATIONS THAT ARE IN CLOSE PROXIMITY TO 6
	150	+	ONE ANOTHER ; 7
149	151
150		-	(2) THE EDGE OF EACH BANK OF A TRIBUTARY TIDAL STRE AM; OR 3
	152	+	(3) ESTABLISH TIERS OF RE COGNITION FOR PRODUC ERS TO BE 8
	153	+	EVALUATED FOR PROGRAM CERTIFICATION ; AND 9
151	154
152		-	(3) THE LANDWARD BOUNDARY OF A TIDAL WETLAND . 4
	155	+	(4) PROVIDE STATE FUNDS TO INCENT IVIZE THE COORDINATE D 10
	156	+	ADOPTION OF CONSERVA TION PRACTICES AND COMMUNITY BEST P RACTICES TO 11
	157	+	ACHIEVE ENVIRONMENTA L, SOCIAL, AND CLIMATE RESILIENCY BENEFITS AND 12
	158	+	NUTRIENT AND SEDIMEN T REDUCTION. 13
153	159
154		-	(F) “PROGRAM” MEANS THE MARYLAND LEADERS IN ENVIRONMENTALLY 5
155		-	ENGAGED FARMING (LEEF) PROGRAM ESTABLISHED U NDER § 2–2402 OF THIS 6
156		-	SUBTITLE. 7
	160	+	2–2403. 14
157	161
158		-	2–2402. 8
	162	+	TO CARRY OUT THE PURP OSES OF THE PROGRAM THE DEPARTMENT SHALL , 15
	163	+	SUBJECT TO THE DISCR ETION OF THE SECRETARY: 16
159	164
160		-	(A) ~~THERE IS~~ A ~~MARYLAND LEADERS IN ENVIRONMENTALLY ENGAGED 9~~
161		-	~~FARMING (LEEF) PROGRAM.~~ 10
	165	+	(1) ASSIGN A PROGRAM ADMINISTRATOR AND PROVIDE FOR 17
	166	+	ADEQUATE ADMINISTRATIVE SUPPO RT; 18
162	167
163		-	(B) THE PURPOSES OF THE PROGRAM ARE TO : 11
	168	+	(2) IN CONSULTATION WITH MEMBERS OF THE AGRIC ULTURAL, 19
	169	+	CONSERVATION , ENVIRONMENTAL , AND HIGHER EDUCATION COMMUNITIES , 20
	170	+	DEVELOP AND PROMOTE A SUITE OF CONSERVATIO N PRACTICES AND COMMUNITY 21
	171	+	BEST PRACTICES ELIGI BLE FOR THE PROGRAM, INCLUDING: 22
164	172
165		-	(1) ~~INVIGORATE STRATEGIES TO:~~ 12
	173	+	(I) CONSERVATION TILLAGE ; 23
166	174
167		-	(I) REDUCE NUTRIENTS IN S UPPORT OF CHESAPEAKE BAY 13
168		-	WATERSHED RESTORATIO N; 14
	175	+	(II) NUTRIENT INPUT REDUCT ION; 24
169	176
170		-	(II) MITIGATE FARM EMISSIO NS AND INCREASE CARBON 15
171		-	SEQUESTRATION IN ACC ORDANCE WITH MARYLAND’S CLIMATE POLLUTION 16
172		-	REDUCTION PLAN; AND 17
	177	+	(III) COVER CROP PLANTINGS; 25
173	178
174		-	(III) ALIGN ENVIRONMENTAL G OALS AND INITIATIVES OF THE 18
175		-	DEPARTMENT AND THE STATE WHILE ENHANCING FARM PROFITABILITY ; 19
	179	+	(IV) USE OF NATURAL FILTERS ; 26
176	180
177		-	(2) PROVIDE PRODUCERS WIT H GREATER INCENTIV ES TO 20
178		-	VOLUNTARILY PARTICIP ATE IN THE ADOPTION OF MULTIPLE CONSERVA TION 21
179		-	PRACTICES AND COMMUN ITY BEST PRACTICES W ITHIN INDIVIDUAL AGR ICULTURAL 22
180		-	OPERATIONS OR ACROSS MULTIPLE OPERATIONS THAT ARE IN CLOSE PR OXIMITY TO 23
181		-	ONE ANOTHER ; 24
	181	+	(V) CONSERVING AND INCREA SING WILDLIFE AND POLLINAT OR 27
	182	+	HABITATS; 28
182	183
183		-	(3) ~~ESTABLISH TIERS OF RE COGNITION FOR PRODUCER S TO BE 25~~
184		-	~~EVALUATED FOR PROGRAM CERTIFICATION ; AND 26~~
	184	+	(VI) HEALTHY SOILS PRACTIC ES; 29
	185	+	SENATE BILL 428 5
185	186
186		-	(4) PROVIDE STATE FUNDS TO INCENT IVIZE THE COORDINATE D 27
187		-	ADOPTION OF CONSERVA TION PRACTICES AND C OMMUNITY BEST PRACTI CES TO 28
188		-	ACHIEVE ENVIRONMENTA L, SOCIAL, AND CLIMATE RESILIEN CY BENEFITS AND 29
189		-	NUTRIENT AND SEDIMEN T REDUCTION. 30 SENATE BILL 428 5
	187	+
	188	+	(VII) FACILITATING WORK EXPER IENCE FOCUSED ON 1
	189	+	AGRICULTURE IN UNDER SERVED COMMUNITIES ; 2
	190	+
	191	+	(VIII) LIAISING BETWEEN THE DEPARTMENT AND UNDERS ERVED 3
	192	+	COMMUNITIES TO FACIL ITATE OUTREACH AND I DENTIFY BARRIERS TO 4
	193	+	DEPARTMENT PROGRAMS R EACHING BROADER AUDI ENCES; 5
	194	+
	195	+	(IX) PARTICIPATING IN THE FARMERS’ MARKET NUTRITION 6
	196	+	PROGRAM; 7
	197	+
	198	+	(X) PARTNERING WITH FOOD BANKS OR N ONPROFIT 8
	199	+	ORGANIZATIONS TO ADD RESS FOOD INSECURITY ; 9
	200	+
	201	+	(XI) PARTICIPATING IN THE CERTIFIED LOCAL FARM AND FISH 10
	202	+	PROGRAM; 11
	203	+
	204	+	(XII) USING ON–FARM RENEWABLE ENERG Y; 12
	205	+
	206	+	(XIII) MENTORING NEW AND BEGINNING FA RMERS; AND 13
	207	+
	208	+	(XIV) PARTNERING WITH AN INSTITUTION OF HIGHER 14
	209	+	EDUCATION OR QUALIFI ED TECHNICAL SERVICE PROVIDER TO CONDUCT 15
	210	+	FIELD–BASED RESEARCH ; 16
	211	+
	212	+	(3) IN CONSULTATION WITH MEMBERS OF THE AGRIC ULTURAL, 17
	213	+	CONSERVATION , ENVIRONMENTAL , AND HIGHER EDUCATION COMMUNITIES , 18
	214	+	DEVELOP CRITERIA AND APPROPRIATE EVALUATI ON MEASURES TO ESTAB LISH THE 19
	215	+	TIERS OF RECOGNITION FOR PROGRAM CERTIFICATION THAT INCLUDES 20
	216	+	CONSIDERATION OF : 21
	217	+
	218	+	(I) PROXIMITY OF A CONSERVATION PR ACTICE OR COMMUNITY 22
	219	+	BEST PRACTICE TO WATERS OF THE STATE; 23
	220	+
	221	+	(II) THE EXTENT TO WHICH A CONSERVATION PRACTIC E OR 24
	222	+	COMMUNITY BEST PRACT ICE PROTECTS OR REST ORES THE CHESAPEAKE AND 25
	223	+	ATLANTIC COASTAL BAYS CRITICAL AREA OR OTHER AREA DE SIGNATED FOR 26
	224	+	REGULATION OR SPECIA L PROTECTION UNDER A FEDERAL OR STATE LAW; AND 27
	225	+
	226	+	(III) THE EXTENT TO WHICH A CONSERVATION PRACTIC E OR 28
	227	+	COMMUNITY BEST PRACT ICE ENGAGES WITH AND BENEFITS OVERBURDENED AND 29
	228	+	UNDERSERVED COMMUNIT IES; 30
	229	+	6 SENATE BILL 428
	230	+
	231	+
	232	+	(4) EVALUATE APPLICATIONS ON A CONTINUING BASI S AND 1
	233	+	CONFIRM PARTICIPANT COMPLIANCE WITH PROGRAM CRITERIA ; AND 2
	234	+
	235	+	(5) COORDINATE WITH THE DEPARTMENT OF NATURAL RESOURCES, 3
	236	+	THE DEPARTMENT OF THE ENVIRONMENT , AND THE MARYLAND ENERGY 4
	237	+	ADMINISTRATION , AS APPROPRIATE , TO ESTABLISH INCENTIVES FOR 5
	238	+	PARTICIPATION IN TH E PROGRAM. 6
	239	+
	240	+	2–2404. 7
	241	+
	242	+	(A) IN THIS SECTION , “FUND” MEANS THE MARYLAND LEADERS IN 8
	243	+	ENVIRONMENTALLY ENGAGED FARMING (LEEF) PROGRAM FUND. 9
	244	+
	245	+	(B) THERE IS A MARYLAND LEADERS IN ENVIRONMENTALLY ENGAGED 10
	246	+	FARMING (LEEF) PROGRAM FUND IN THE DEPARTMENT . 11
	247	+
	248	+	(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 12
	249	+
	250	+	(D) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 13
	251	+	COMPTROLLER SHALL ACC OUNT FOR THE FUND. 14
	252	+
	253	+	(E) THE FUND, FOR FISCAL YEARS 2026 THROUGH 2031, MAY RECEIVE UP 15
	254	+	TO $2,000,000 PER YEAR OF THE MONE Y THAT: 16
	255	+
	256	+	(1) IS APPROPRIATED IN THE A NNUAL STATE BUDGET TO FUND TREE 17
	257	+	PLANTING UNDER § 8–706 OF THIS ARTICLE; AND 18
	258	+
	259	+	(2) THE DEPARTMENT DETERMINES WILL NOT BE ABLE TO BE USED 19
	260	+	FOR THE TREE PLANTINGS . 20
	261	+
	262	+	(F) THE FUND MAY BE USED ONLY TO : 21
	263	+
	264	+	(1) SUPPORT ACTIONS ASSOCIATED WITH FULF ILLING THE 22
	265	+	PROGRAM’S PURPOSE; AND 23
	266	+
	267	+	(2) COVER NO T MORE THAN 20% OF THE DEPARTMENT ’S 24
	268	+	ADMINISTRATIVE COSTS TO ADMINISTER THE PROGRAM. 25
	269	+
	270	+	2–2405. 26
	271	+
	272	+	THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE. 27
	273	+
	274	+	8–706. 28 SENATE BILL 428 7
190	275
191	276
192	277
193		-	2–2403. 1
	278	+	(a) To maximize participation in the Conservation Reserve Enhancement 1
	279	+	Program, in fiscal years 2023 through 2031, inclusive, a landowner who enrolls land 2
	280	+	planted with a forested streamside buffer shall receive a one–time signing bonus of up to 3
	281	+	$1,000 per acre of land enrolled. 4
194	282
195		-	TO CARRY OUT THE PURP OSES OF THE PROGRAM THE DEPARTMENT SHALL , 2
196		-	SUBJECT TO THE DISCR ETION OF THE SECRETARY: 3
	283	+	(b) Signing bonuses provided under this section shall be funded with: 5
197	284
198		-	(1) ASSIGN A PROGRAM ADMINISTRATOR AND PROVIDE FOR 4
199		-	ADEQUATE ADMINISTRAT IVE SUPPORT; 5
	285	+	(1) Money appropriated under subsection (c) of this section; and 6
200	286
201		-	(2) IN CONSULTATION WITH ME MBERS OF THE AGRICUL TURAL, 6
202		-	CONSERVATION , ENVIRONMENTAL , AND HIGHER EDUCATION COMMUNITIES , 7
203		-	DEVELOP AND PROMOTE A SUITE OF CONSERVAT ION PRACTICES AND CO MMUNITY 8
204		-	BEST PRACTICES ELIGI BLE FOR THE PROGRAM, INCLUDING: 9
	287	+	(2) The amount specified in § 9–1605.2(i)(11)(i) of the Environment Article. 7
205	288
206		-	(I) CONSERVATION TILLA GE; 10
	289	+	(c) (1) For fiscal years 2024 through 2031, in each year the Governor shall 8
	290	+	appropriate $2,500,000 in the annual State budget to fund [tree]: 9
207	291
208		-	(II) NUTRIENT INPUT REDUCT ION; 11
	292	+	(I) TREE planting under this section and other tree planting 10
	293	+	programs on agricultural land; AND 11
209	294
210		-	(III) COVER CROP PLANTINGS ; 12
	295	+	(II) THE MARYLAND LEADERS IN ENVIRONMENTALLY 12
	296	+	ENGAGED FARMING (LEEF) PROGRAM FUND IN ACCORDANCE WITH § 2–2404 OF 13
	297	+	THIS ARTICLE. 14
211	298
212		-	(IV) USE OF NATURAL FILTER S; 13
	299	+	(2) Money appropriated under this subsection is supplemental to and may 15
	300	+	not take the place of funding that would otherwise be appropriated for tree plantings under 16
	301	+	this section and other tree planting programs on agricultural land. 17
213	302
214		-	~~(V) CONSERVING~~ AND ~~INCREA SING WILDLIFE AND PO LLINATOR 14~~
215		-	~~HABITATS; 15~~
	303	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
	304	+	as follows: 19
216	305
217		-	~~(VI) HEALTHY SOILS PRACTIC ES; 16~~
	306	+	Article – Agriculture 20
218	307
219		-	(VII) FACILITATING WORK EXP ERIENCE FOCUSED ON 17
220		-	AGRICULTURE IN UNDER SERVED COMMUNITIES ; 18
	308	+	2–1901. 21
221	309
222		-	(VIII) PARTNERING WITH OPERA TORS TO IMPROVE 19
223		-	CONSERVATION PRACTIC ES ON LEASED LAND ; 20
	310	+	(a) (1) In this subtitle the following words have the meanings indicated. 22
224	311
225		-	(IX) LIAISING BETWEEN THE DEPARTMENT AND UNDERS ERVED 21
226		-	COMMUNITIES TO FACIL ITATE OUTREACH AND I DENTIFY BARRIERS TO 22
227		-	DEPARTMENT PROGRAMS REACHING BR OADER AUDIENCES ; 23
	312	+	(2) (I) “Healthy soils” means the continuing capacity of soil to: 23
228	313
229		-	(IX) (X) PARTICIPATING IN THE FARMERS’ MARKET 24
230		-	NUTRITION PROGRAM; 25
	314	+	[(i)] 1. Function as a biological system; 24
231	315
232		-	(X) (XI) PARTNERING WITH FOOD BANKS OR NONPROFIT 26
233		-	ORGANIZATIONS TO ADD RESS FOOD INSECURITY ; 27
	316	+	[(ii)] 2. Increase soil organic matter; 25
234	317
235		-	(XI) (XII) PARTICIPATING IN THE CERTIFIED LOCAL FARM AND 28
236		-	FISH PROGRAM; 29 6 SENATE BILL 428
	318	+	[(iii)] 3. Improve soil structure and water and nutrient holding 26
	319	+	capacity; and 27
	320	+
	321	+	[(iv)] 4. Sequester carbon and reduce greenhouse gas emissions. 28
	322	+	8 SENATE BILL 428
	323	+
	324	+
	325	+	(II) “HEALTHY SOILS ” MAY INCLUDE REGENERATIVE 1
	326	+	PRACTICES AND TRADIT IONS. 2
	327	+
	328	+	(3) “Program” means the Maryland Healthy Soils Program. 3
	329	+
	330	+	(4) (I) “REGENERATIVE PRACTICES AND TRADIT IONS” MEANS A 4
	331	+	FORM OF LAND MANAGEM ENT AND STEWARDSHIP APPROACHES AND PRACT ICES 5
	332	+	THAT: 6
	333	+
	334	+	1. DRAWS ON TRADITIONS AND IN NOVATIONS FROM 7
	335	+	AFRICAN, INDIGENOUS, AND ORIGINAL LAND ST EWARDS; 8
	336	+
	337	+	2. PROMOTES CULTURALLY IMPORTANT FOOD AND 9
	338	+	CLIMATE JUSTICE PROGRAMS A ND INITIATIVES; AND 10
	339	+
	340	+	3. ENHANCES THE LAND AND ECOSYST EM THROUGH 11
	341	+	ADAPTIVE LAND MANAGE MENT PRACTICES THAT IMPROVE SOIL HEALTH AND 12
	342	+	WATER QUALITY , RESTORE BIODIVERSITY , MITIGATE CLIMATE CHA NGE IMPACTS, 13
	343	+	AND PROVIDE THE GREA TEST COMMUNITY BENEFITS. 14
	344	+
	345	+	(II) “REGENERATIVE PRACTICE S AND TRADITIONS ” INCLUDES 15
	346	+	PRACTICES SUCH AS PR ODUCING FOOD IN THE STATE FOR DISTRIBUTION WITHIN 16
	347	+	THE STATE. 17
	348	+
	349	+	Article – Health – General 18
	350	+
	351	+	21–305. 19
	352	+
	353	+	(a) Except as otherwise provided in this subtitle, a person may not operate a food 20
	354	+	establishment unless the person is licensed by the Department. 21
	355	+
	356	+	(b) (1) A separate license is required for each food establishment that a person 22
	357	+	owns or operates. 23
	358	+
	359	+	(2) Except in Baltimore City, the provisions of this subsection may require 24
	360	+	a license for each location where vending machines are operated, but may not require a 25
	361	+	separate license for each individual vending machine. 26
	362	+
	363	+	(3) Except in Baltimore City, vending machine locations used exclusively 27
	364	+	for prepackaged and commercially sealed foods that are not potentially hazardous, as 28
	365	+	defined by regulation, are not required to be licensed. 29
	366	+
	367	+	(4) In Baltimore City, a license may be required for each individual vending 30
	368	+	machine. 31
	369	+	SENATE BILL 428 9
	370	+
	371	+
	372	+	(5) (i) An excluded organization may operate a food establishment 1
	373	+	without a license unless the excluded organization has been issued a license under § 2
	374	+	21–304(a)(2)(ii) of this subtitle. 3
	375	+
	376	+	(ii) If the Department adopts regulations governing excluded 4
	377	+	organizations serving potentially hazardous foods prepared in a private kitchen, an 5
	378	+	excluded organization shall meet any requirements in the regulations. 6
	379	+
	380	+	(6) A license is not required for a person who: 7
	381	+
	382	+	(i) Produces shell eggs; 8
	383	+
	384	+	(ii) Sells the shell eggs directly to the public; and 9
	385	+
	386	+	(iii) Is registered with or inspected by the Secretary of Agriculture 10
	387	+	under § 4–310 or § 4–311.1 of the Agriculture Article. 11
	388	+
	389	+	(7) A LICENSE IS NOT REQUI RED FOR A PERSON WHO: 12
	390	+
	391	+	(I) IS LICENSED BY THE DEPARTMENT OF NATURAL 13
	392	+	RESOURCES UNDER § 4–701 OR § 4–701.1 OF THE NATURAL RESOURCES ARTICLE; 14
	393	+	AND 15
	394	+
	395	+	(II) HARVESTS AND PROCESSE S FINFISH ON A VESSE L BY 16
	396	+	IKEJIME FOR DIRECT S ALE TO RESTAURANTS . 17
	397	+
	398	+	(8) Except as provided in § 21–304 of this subtitle, nothing in this subtitle 18
	399	+	shall preempt the right of a county to require a permit under the authority provided by a 19
	400	+	local law, ordinance, or regulation if this subtitle does not require the food establishment 20
	401	+	to obtain a State license. 21
	402	+
	403	+	Article – Natural Resources 22
	404	+
	405	+	SUBTITLE 11. WATER QUALITY MONITORING PROGRAM. 23
	406	+
	407	+	3–1101. 24
	408	+
	409	+	(A) THERE IS A WATER QUALITY MONITORING PROGRAM WITHIN THE 25
	410	+	DEPARTMENT . 26
	411	+
	412	+	(B) THE PURPOSE OF THE WATER QUALITY MONITORING PROGRAM IS TO: 27
	413	+
	414	+	(1) PROVIDE FOR A CONSIST ENT STATEWIDE APPROACH FO R 28
	415	+	IMPROVING WATER QUAL ITY MONITORING DATA , CONSISTENT WITH THE MOST 29
	416	+	UP–TO–DATE SCIENTIFIC KNOWLEDGE AND TECHNOLOGIES ; 30 10 SENATE BILL 428
237	417
238	418
239	419
240		-	(XII) (XIII) USING ON–FARM RENEWABLE ENERG Y; 1
	420	+	(2) CONDUCT LONG –TERM AND TARGETED SH ORT–TERM WATER 1
	421	+	QUALITY MONITORING A ND ASSESSMENT S TO DEVELOP AN UNDERSTAND ING OF 2
	422	+	AND GUIDE PROGRAMS D ESIGNED TO MEET WATE R QUALITY IMPROVEMEN T GOALS, 3
	423	+	IMPROVE AQUATIC LIVI NG RESOURCES AND HABITAT , ADDRESS CLIMATE CHAN GE 4
	424	+	IMPACTS, AND IMPLEMENT RESILIENCE PLANNING ; 5
241	425
242		-	(XIII) (XIV) MENTORING NEW AND BEG INNING FARMERS ; AND 2
	426	+	(3) INTEGRATE WATER QUALI TY MONITORING DATA I NTO PLANNING 6
	427	+	PROCESSES TO INFORM POLICY CHOICES ABOUT THE EFFECTIVENESS OF 7
	428	+	MANAGEMENT ACTIONS ; AND 8
243	429
244		-	(XIV) (XV) PARTNERING WITH AN IN STITUTION OF HIGHER 3
245		-	EDUCATION OR QUALIFI ED TECHNICAL SERVICE PROVIDER TO CONDUCT 4
246		-	FIELD–BASED RESEARCH ; OR 5
247		-
248		-	(XVI) INSTALLATION OF A FIX ED NATURAL BUFFER , INCLUDING 6
249		-	WITHIN A 100–FOOT TIDAL BUFFER ; 7
250		-
251		-	(3) IN CONSULTATION WITH MEMBERS OF THE AGRIC ULTURAL, 8
252		-	CONSERVATION , ENVIRONMENTAL , AND HIGHER EDUCATION COMMUNITIES , 9
253		-	DEVELOP CRITERIA AN D APPROPRIATE EVALUA TION MEASURES TO EST ABLISH THE 10
254		-	TIERS OF RECOGNITION FOR PROGRAM CERTIFICATION THAT INCLUDES 11
255		-	CONSIDERATION OF : 12
256		-
257		-	(I) PROXIMITY OF A CONSER VATION PRACTICE OR C OMMUNITY 13
258		-	BEST PRACTICE TO WAT ERS OF THE STATE; 14
259		-
260		-	(II) THE EXTENT TO WHICH A CONSERVATION PRACTIC E OR 15
261		-	COMMUNITY BEST PRACT ICE PROTECTS OR REST ORES THE CHESAPEAKE AND 16
262		-	ATLANTIC COASTAL BAYS CRITICAL AREA OR OTHER AREA DE SIGNATED FOR 17
263		-	REGULATION OR SPECIA L PROTECTION UNDER A FEDERAL OR STATE LAW; AND 18
264		-
265		-	(III) THE EXTENT TO WHICH A CONSERVATION PRACTICE OR 19
266		-	COMMUNITY BEST PRACT ICE ENGAGES WITH AND BENEFITS OVERBURDENE D AND 20
267		-	UNDERSERVED COMMUNIT IES; 21
268		-
269		-	(4) EVALUATE APPLICATIONS ON A CONTINUING BASI S AND 22
270		-	CONFIRM PARTICIPANT COMPLIANCE WITH PROGRAM CRITERIA ; AND 23
271		-
272		-	(5) COORDINATE WITH THE DEPARTMENT OF NATURAL RESOURCES, 24
273		-	THE DEPARTMENT OF THE ENVIRONMENT , AND THE MARYLAND ENERGY 25
274		-	ADMINISTRATION , AS APPROPRIATE , TO ESTABLISH INCENTI VES FOR 26
275		-	PARTICIPATION IN THE PROGRAM. 27
276		-
277		-	2–2404. 28
278		-
279		-	(A) IN THIS SECTION , “FUND” MEANS THE MARYLAND LEADERS IN 29
280		-	ENVIRONMENTALLY ENGAGED FARMING (LEEF) PROGRAM FUND. 30
281		-	SENATE BILL 428 7
282		-
283		-
284		-	(B) THERE IS A MARYLAND LEADERS IN ENVIRONMENTALLY ENGAGED 1
285		-	FARMING (LEEF) PROGRAM FUND IN THE DEPARTMENT . 2
286		-
287		-	(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 3
288		-
289		-	(D) THE STATE TREASURER SHALL HOLD THE FUND SEPARA TELY, AND THE 4
290		-	COMPTROLLER SHALL ACC OUNT FOR THE FUND. 5
291		-
292		-	(E) THE FUND, FOR FISCAL YEARS 2026 THROUGH 2031, MAY RECEIVE UP 6
293		-	TO $2,000,000 PER YEAR OF THE MONE Y THAT: 7
294		-
295		-	(1) IS APPROPRIATED IN TH E ANNUAL STATE BUDGET TO FUND TREE 8
296		-	PLANTING UNDER § 8–706 OF THIS ARTICLE; AND 9
297		-
298		-	(2) THE DEPARTMENT DETERMINES WILL NOT BE ABLE TO BE USED 10
299		-	FOR THE TREE PLANTIN GS. 11
300		-
301		-	(E) FOR FISCAL YEAR 2026 AND EACH FISCAL YEAR THEREAFTER , THE 12
302		-	GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 13
303		-	AT LEAST $900,000 TO THE FUND. 14
304		-
305		-	(F) (1) THE FUND MAY BE USED ONLY TO: 15
306		-
307		-	(1) (I) SUPPORT ACTIONS ASSOC IATED WITH FULFILLIN G THE 16
308		-	PROGRAM’S PURPOSE; AND 17
309		-
310		-	(2) (II) COVER NOT MORE THAN 20% OF SUBJECT TO PARAGRAPH 18
311		-	(2) OF THIS SUBSECTION , COVER THE DEPARTMENT ’S ADMINISTRATIVE COS TS TO 19
312		-	ADMINISTER THE PROGRAM. 20
313		-
314		-	(2) IN EACH FISCAL YEAR , NOT MORE THAN 20% OF THE FUND MAY 21
315		-	BE USED FOR ADMINIST RATIVE COSTS OF THE DEPARTMENT . 22
316		-
317		-	2–2405. 23
318		-
319		-	THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS SUBTITLE . 24
320		-
321		-	8–706. 25
322		-
323		-	(a) To maximize participation in the Conservation Reserve Enhancement 26
324		-	Program, in fiscal years 2023 through 2031, inclusive, a landowner who enrolls land 27
325		-	planted with a forested streamside buffer shall receive a one–time signing bonus of up to 28
326		-	$1,000 per acre of land enrolled. 29
327		-
328		-	(b) Signing bonuses provided under this section shall be funded with: 30 8 SENATE BILL 428
329		-
330		-
331		-
332		-	(1) Money appropriated under subsection (c) of this section; and 1
333		-
334		-	(2) The amount specified in § 9–1605.2(i)(11)(i) of the Environment Article. 2
335		-
336		-	(c) (1) For fiscal years 2024 through 2031, in each year the Governor shall 3
337		-	appropriate $2,500,000 in the annual State budget to fund [tree]: 4
338		-
339		-	(I) TREE planting under this section and other tree planting 5
340		-	programs on agricultural land; AND 6
341		-
342		-	(II) THE MARYLAND LEADERS IN ENVIRONMENTALLY 7
343		-	ENGAGED FARMING (LEEF) PROGRAM FUND IN ACCORDANCE WI TH § 2–2404 OF 8
344		-	THIS ARTICLE. 9
345		-
346		-	(2) Money appropriated under this subsection is supplemental to and may 10
347		-	not take the place of funding that would otherwise be appropriated for tree plantings under 11
348		-	this section and other tree planting programs on agricultural land. 12
349		-
350		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 13
351		-	as follows: 14
352		-
353		-	Article – Agriculture 15
354		-
355		-	2–1901. 16
356		-
357		-	(a) (1) In this subtitle the following words have the meanings indicated. 17
358		-
359		-	(2) (I) “Healthy soils” means the continuing capacity of soil to: 18
360		-
361		-	[(i)] 1. Function as a biological system; 19
362		-
363		-	[(ii)] 2. Increase soil organic matter; 20
364		-
365		-	[(iii)] 3. Improve soil structure and water and nutrient holding 21
366		-	capacity; and 22
367		-
368		-	[(iv)] 4. Sequester carbon and reduce greenhouse gas emissions. 23
369		-
370		-	(II) “HEALTHY SOILS ” MAY INCLUDE REGENERA TIVE 24
371		-	PRACTICES AND TRADIT IONS. 25
372		-
373		-	(3) “Program” means the Maryland Healthy Soils Program. 26
374		-	SENATE BILL 428 9
375		-
376		-
377		-	(4) (I) “REGENERATIVE PRACTICE S AND TRADITIONS ” MEANS A 1
378		-	FORM OF LAND MANAGEMENT AND STEWARDSHIP APPROACH ES AND PRACTICES 2
379		-	THAT: 3
380		-
381		-	1. DRAWS ON TRADITIONS A ND INNOVATIONS FROM 4
382		-	AFRICAN, INDIGENOUS, AND ORIGINAL LAND ST EWARDS; 5
383		-
384		-	2. PROMOTES CULTURALLY I MPORTANT FOOD AND 6
385		-	CLIMATE JUSTICE PROG RAMS AND INITIATIVES ; AND 7
386		-
387		-	3. ENHANCES THE LAND AND ECOSYSTEM THROUGH 8
388		-	ADAPTIVE LAND MANAGE MENT PRACTICES THAT IMPROVE SOIL HEALTH AND 9
389		-	WATER QUALITY , RESTORE BIODIVERSITY , MITIGATE CLIMATE CHA NGE IMPACTS, 10
390		-	AND PROVIDE THE GREA TEST COMMUNITY BENEF ITS. 11
391		-
392		-	(II) “REGENERATIVE PRACTICE S AND TRADITIONS ” INCLUDES 12
393		-	PRACTICES SUCH AS PR ODUCING FOOD IN THE STATE FOR DISTRIBUTIO N WITHIN 13
394		-	THE STATE. 14
395		-
396		-	Article – Health – General 15
397		-
398		-	21–305. 16
399		-
400		-	(a) Except as otherwise provided in this subtitle, a person may not operate a food 17
401		-	establishment unless the person is licensed by the Department. 18
402		-
403		-	(b) (1) A separate license is required for each food establishment that a person 19
404		-	owns or operates. 20
405		-
406		-	(2) Except in Baltimore City, the provisions of this subsection may require 21
407		-	a license for each location where vending machines are operated, but may not require a 22
408		-	separate license for each individual vending machine. 23
409		-
410		-	(3) Except in Baltimore City, vending machine locations used exclusively 24
411		-	for prepackaged and commercially sealed foods that are not potentially hazardous, as 25
412		-	defined by regulation, are not required to be licensed. 26
413		-
414		-	(4) In Baltimore City, a license may be required for each individual vending 27
415		-	machine. 28
416		-
417		-	(5) (i) An excluded organization may operate a food establishment 29
418		-	without a license unless the excluded organization has been issued a license under § 30
419		-	21–304(a)(2)(ii) of this subtitle. 31
420		-	10 SENATE BILL 428
421		-
422		-
423		-	(ii) If the Department adopts regulations governing excluded 1
424		-	organizations serving potentially hazardous foods prepared in a private kitchen, an 2
425		-	excluded organization shall meet any requirements in the regulations. 3
426		-
427		-	(6) A license is not required for a person who: 4
428		-
429		-	(i) Produces shell eggs; 5
430		-
431		-	(ii) Sells the shell eggs directly to the public; and 6
432		-
433		-	(iii) Is registered with or inspected by the Secretary of Agriculture 7
434		-	under § 4–310 or § 4–311.1 of the Agriculture Article. 8
435		-
436		-	(7) A LICENSE IS NOT REQUI RED FOR A PERSON WHO : 9
437		-
438		-	(I) IS LICENSED BY THE DEPARTMENT OF NATURAL 10
439		-	RESOURCES UNDER § 4–701 OR § 4–701.1 OF THE NATURAL RESOURCES ARTICLE; 11
440		-	AND 12
441		-
442		-	(II) HARVESTS AND PROCESSES FI NFISH ON A VESSEL BY 13
443		-	IKEJIME FOR DIRECT S ALE TO RESTAURANTS . 14
444		-
445		-	(8) Except as provided in § 21–304 of this subtitle, nothing in this subtitle 15
446		-	shall preempt the right of a county to require a permit under the authority provided by a 16
447		-	local law, ordinance, or regulation if this subtitle does not require the food establishment 17
448		-	to obtain a State license. 18
449		-
450		-	Article – Natural Resources 19
451		-
452		-	SUBTITLE 11. WATER QUALITY MONITORING PROGRAM. 20
453		-
454		-	3–1101. 21
455		-
456		-	(A) THERE IS A WATER QUALITY MONITORING PROGRAM WITH IN THE 22
457		-	DEPARTMENT . 23
458		-
459		-	(B) THE PURPOSE OF THE WATER QUALITY MONITORING PROGRAM IS TO: 24
460		-
461		-	(1) PROVIDE FOR A CONSIST ENT STATEWIDE APPROA CH FOR 25
462		-	IMPROVING WATER QUAL ITY MONITORING DATA , CONSISTENT WITH THE MOST 26
463		-	UP–TO–DATE SCIENTIFIC KNOW LEDGE AND TECHNOLOGI ES; 27
464		-
465		-	(2) CONDUCT LONG –TERM AND TARGETED SH ORT–TERM WATER 28
466		-	QUALITY MONITORING A ND ASSESSMENTS TO DE VELOP AN UNDERSTANDI NG OF 29
467		-	AND GUIDE PROGRAMS D ESIGNED TO MEET WATE R QUALITY IMPROVEMEN T GOALS, 30 SENATE BILL 428 11
468		-
469		-
470		-	IMPROVE AQUATIC LIVI NG RESOURCES AND HAB ITAT, ADDRESS CLIMATE CHAN GE 1
471		-	IMPACTS, AND IMPLEMENT RESILI ENCE PLANNING ; 2
472		-
473		-	(3) INTEGRATE WATER QUALI TY MONITORING DATA I NTO PLANNING 3
474		-	PROCESSES TO INFORM POLICY CHOICES ABOUT THE EFFECTIVENESS OF 4
475		-	MANAGEMENT ACTIONS ; AND 5
476		-
477		-	(4) PROVIDE THE GENERAL P UBLIC WITH READILY A VAILABLE 6
478		-	WATER QUALITY MONITORING D ATA TO GUIDE RECREAT IONAL AND OTHER PASS IVE 7
479		-	USES. 8
480		-
481		-	(C) THE DEPARTMENT MAY ASSESS AND INCORPORATE WATE R QUALITY 9
482		-	MONITORING DATA THAT MEETS THE QUALITY AS SURANCE AND USE GOAL S OF THE 10
483		-	STATE DATA SETS INTO THE WATER QUALITY MONITORING PROGRAM. 11
	430	+	(4) PROVIDE THE GENE RAL PUBLIC WITH READ ILY AVAILABLE 9
	431	+	WATER QUALITY MONITO RING DATA TO GUIDE R ECREATIONAL AND OTHE R PASSIVE 10
	432	+	USES. 11
484	433
485	434		4–215. 12
486	435
487	436		(a) (1) In this section the following words have the meanings indicated. 13
488	437
489	438		(2) “Conservation and management measures” means 1 or more techniques 14
490	439		through which the objectives of a fishery management plan are achieved. 15
491	440
492	441		(3) “Fishery” or “fishery resource” means: 16
493	442
494	443		(i) One or more stocks of fish which can be treated as a unit for 17
495	444		purposes of conservation and management and which are ide ntified on the basis of 18
496	445		geographic, scientific, technical, recreational, and economic characteristics; or 19
497	446
498	447		(ii) The group or industry harvesting those stocks. 20
499	448
500	449		(4) “Fishery management” means the system used to conserve and allocate 21
501	450		the fishery resource, including research and data collection, determination of objectives and 22
502	451		management measures, and establishment, enforcement, and periodic evaluation of 23
503	452		regulations. 24
504	453
505	454		(5) “Fishery management plan” means [a document or report that 25
506	455		contains] a systematic description of a given fishery OR FISHERIES and the objectives and 26
507	456		conservation and management measures for the fishery OR FISHERIES. 27
508	457
509	458		(6) “SUPPLEMENT ” MEANS A MARYLAND–SPECIFIC SUPPLEMENT 28
510	459		PREPARED UNDER SUBSE CTION (B) OF THIS SECTION. 29
511	460
512		-	(b) (1) [The Department shall prepare fishery management plans for the 30
513		-	following species: 31
	461	+	(b) [The Department shall prepare fishery management plans for the following 30
	462	+	species: 31
	463	+	SENATE BILL 428 11
514	464
515		-	(1) Striped bass or rockfish; 32 12 SENATE BILL 428
	465	+
	466	+	(1) Striped bass or rockfish; 1
	467	+
	468	+	(2) White perch; 2
	469	+
	470	+	(3) Yellow perch; 3
	471	+
	472	+	(4) American shad; 4
	473	+
	474	+	(5) Hickory shad; 5
	475	+
	476	+	(6) Oysters; 6
	477	+
	478	+	(7) Blue crabs; 7
	479	+
	480	+	(8) Bluefish; 8
	481	+
	482	+	(9) Herring; 9
	483	+
	484	+	(10) Weakfish; 10
	485	+
	486	+	(11) Croaker; 11
	487	+
	488	+	(12) Spot; 12
	489	+
	490	+	(13) Summer flounder; 13
	491	+
	492	+	(14) American eel; 14
	493	+
	494	+	(15) Red drum; 15
	495	+
	496	+	(16) Black drum; 16
	497	+
	498	+	(17) Spotted sea trout; 17
	499	+
	500	+	(18) Horseshoe crabs; 18
	501	+
	502	+	(19) Menhaden; 19
	503	+
	504	+	(20) Tautog; 20
	505	+
	506	+	(21) Black sea bass; 21
	507	+
	508	+	(22) Scup; 22
	509	+
	510	+	(23) Hard shell clams; 23
	511	+
	512	+	(24) Catfish; and 24 12 SENATE BILL 428
516	513
517	514
518	515
519		-	(2) (I) White perch; 1
	516	+	(25) Cownose ray] FOR SPECIES OF FISH T HAT HAVE AN ATLANTIC 1
	517	+	STATES MARINE FISHERIES COMMISSION FISHERY MA NAGEMENT PLAN OR A 2
	518	+	FEDERAL REGIONAL FISHERY MANAGEMENT COUNCIL FISHERY MANAG EMENT 3
	519	+	PLAN, THE DEPARTMENT : 4
520	520
521		-	(3) (II) Yellow perch; 2
	521	+	(1) SHALL MANAGE THOSE SP ECIES IN ACCORDANCE WITH THOSE 5
	522	+	PLANS; 6
522	523
523		-	(4) American shad; 3
	524	+	(2) MAY IMPLEMENT CONSERV ATION AND MANAGEMENT MEASURES 7
	525	+	IN ACCORDANCE WITH T HOSE PLANS; 8
524	526
525		-	(5) Hickory shad; 4
	527	+	(3) MAY PREPARE A MARYLAND–SPECIFIC SUPPLEMENT TO THOSE 9
	528	+	PLANS IF, AFTER CONSULTATION W ITH THE APPROPRIATE ADVISORY BODIES 10
	529	+	CREATED UNDER THIS T ITLE, THE DEPARTMENT DETERMINES THAT IMPOSING 11
	530	+	MORE RESTRICTIVE MEA SURES IS NECESSARY TO CONSERV E THE FISHERY; AND 12
526	531
527		-	(6) (III) Oysters; 5
	532	+	(4) MAY IMPLEMENT CONSERV ATION AND MANAGEMENT MEASURES 13
	533	+	IN ACCORDANCE WITH A SUPPLEMENT ADOPTED U NDER THIS SECTION . 14
528	534
529		-	(7) (IV) Blue crabs; 6
	535	+	(c) (1) The Department may prepare fishery management plans for any 15
	536	+	species of fish if, after consultation with the [Tidal Fisheries Advisory Commission and the 16
	537	+	Sport Fisheries Advisory Commission] APPROPRIATE ADVISORY BODIES CREATED 17
	538	+	UNDER THIS TITLE, the Department determines that the plans are necessary based on: 18
530	539
531		-	(8) Bluefish; 7
	540	+	(I) LACK OF MANAGEMENT BY THE ATLANTIC STATES MARINE 19
	541	+	FISHERIES COMMISSION OR A FEDERAL REGIONAL FISHERY MANAGEMENT 20
	542	+	COUNCIL; 21
532	543
533		-	(9) ~~Herring~~; 8
	544	+	[(1)] (II) The population of the species; 22
534	545
535		-	(10) ~~Weakfish~~; 9
	546	+	[(2)] (III) The distribution of the species; 23
536	547
537		-	(11) ~~Croaker~~; 10
	548	+	[(3)] (IV) The habitat needs of the species; or 24
538	549
539		-	(12) Spot; 11
	550	+	[(4)] (V) Other biological, ecological, CLIMATOLOGICAL , or 25
	551	+	socioeconomic factors concerning the species OR CHESAPEAKE BAY REGION. 26
540	552
541		-	(13) ~~Summer flounder;~~ 12
	553	+	[(d) (1)] (2) A FISHERY MANAGEMENT P LAN MAY INCLUDE : 27
542	554
543		-	(14) American eel; 13
544		-
545		-	(15) Red drum; 14
546		-
547		-	(16) Black drum; 15
548		-
549		-	(17) Spotted sea trout; 16
550		-
551		-	(18) Horseshoe crabs; 17
552		-
553		-	(19) Menhaden; 18
554		-
555		-	(20) Tautog; 19
556		-
557		-	(21) Black sea bass; 20
558		-
559		-	(22) Scup; 21
560		-
561		-	(23) (V) Hard shell clams; 22
562		-
563		-	(24) (VI) Catfish; and 23 SENATE BILL 428 13
	555	+	(I) PROPOSED LIMITATIONS ON THE CATCH OF FISH , BASED ON 28
	556	+	AREA, SPECIES, SIZE, NUMBER, WEIGHT, SEX, INCIDENTAL CATCH , TOTAL BIOMASS , 29
	557	+	OR OTHER FACTORS THAT ARE NECESSARY AND AP PROPRIATE FOR CONSER VATION 30
	558	+	AND MANAGEMENT OF A FISHERY; 31 SENATE BILL 428 13
564	559
565	560
566	561
567		-	(25) (VII) Cownose ray]. 1
	562	+	(II) INCORPORATION OF RELE VANT FISHERY CONSERV ATION 1
	563	+	AND MANAGEMENT MEASU RES PROPOSED OR ADOP TED BY INTERSTATE BO DIES OF 2
	564	+	WHICH MARYLAND IS A MEMBER ; AND 3
568	565
569		-	(2) FOR SPECIES OF FISH T HAT HAVE AN ATLANTIC STATES MARINE 2
570		-	FISHERIES COMMISSION FISHERY MA NAGEMENT PLAN , AS AUTHORIZED UNDER § 3
571		-	4–301 OF THIS TITLE, OR A FEDERAL REGIONAL FISHERY MANAGEMENT COUNCIL 4
572		-	FISHERY MANAGEMENT P LAN, THE DEPARTMENT : 5
	566	+	(III) OTHER PROPOSED MEASUR ES, REQUIREMENTS , OR 4
	567	+	CONDITIONS AND RESTR ICTIONS THAT ARE NECESSARY AND AP PROPRIATE FOR 5
	568	+	FISHERY MANAGEMENT . 6
573	569
574		-	(1) (I) SHALL MANAGE THOSE SP ECIES IN ACCORDANCE WITH 6
575		-	THOSE PLANS AND ANY SUPPLEMENTS TO THOSE PLANS ; 7
	570	+	(3) (I) THE DEPARTMENT MAY IMPLEM ENT CONSERVATION AND 7
	571	+	MANAGEMENT MEASURES IN ACCORDANCE WITH A FI SHERY MANAGEMENT PLA N 8
	572	+	ADOPTED UNDER THIS S ECTION. 9
576	573
577		-	~~(2)~~ (II) ~~MAY IMPLEMENT CONSERV ATION~~ AND MANAGEMENT 8
578		-	~~MEASURES IN ACCORDAN CE WITH THOSE PLANS ; 9~~
	574	+	(II) Conservation and management measures [adopted] 10
	575	+	IMPLEMENTED under a fishery management plan, to the extent possible: 11
579	576
580		-	(3) (III) MAY PREPARE A MARYLAND–SPECIFIC SUPPLEMENT TO 10
581		-	THOSE PLANS IF , AFTER CONSULTATION W ITH THE TIDAL FISHERIES ADVISORY 11
582		-	COMMISSION, SPORT FISHERIES ADVISORY COMMISSION, AND ANY OTHER 12
583		-	APPROPRIATE ADVISORY BODIES CREATED UNDER THIS TITLE, THE DEPARTMENT 13
584		-	DETERMINES THAT IMPO SING MORE RESTRICTIV E MEASURES IS NECESSARY TO 14
585		-	CONSERVE THE FISHERY ; AND 15
	577	+	[(i)] 1. Shall prevent overfishing while attempting to achieve the 12
	578	+	best and most efficient utilization of the State’s fishery resources; 13
586	579
587		-	(4) (IV) MAY IMPLEMENT CONSERV ATION AND MANAGEMENT 16
588		-	MEASURES IN ACCORDAN CE WITH A SUPPLEMENT ADOPTED UNDER THIS SECTION. 17
589		-	SECTION; AND 18
	580	+	[(ii)] 2. Shall be based on the best information available; 14
590	581
591		-	(V) MAY MANAGE THOSE SPEC IES IN ACCORDANCE WI TH A 19
592		-	FISHERY MANAGEMENT P LAN PREPARED BY THE DEPARTMENT IN ACCORDA NCE 20
593		-	WITH SUBSECTION (C) OF THIS SECTION. 21
	582	+	[(iii)] 3. May not discriminate unfairly among groups of 15
	583	+	[fishermen] ANGLERS or have economic allocation as its sole purpose; 16
594	584
595		-	(c) (1) The Department may prepare fishery management plans for any 22
596		-	species of fish if, after consultation with the [Tidal Fisheries Advisory Commission and, the 23
597		-	Sport Fisheries Advisory Commission, AND ANY OTHER ] APPROPRIATE ADVISORY 24
598		-	BODIES CREATED UNDER THIS TITLE, the Department determines that the plans are 25
599		-	necessary based on: 26
	585	+	[(iv)] 4. Shall take into account and allow for variations among, 17
	586	+	and contingencies in, fisheries, fishery resources, and catches; [and] 18
600	587
601		-	(I) LACK OF MANAGEMENT BY THE ATLANTIC STATES MARINE 27
602		-	FISHERIES COMMISSION OR A FEDER AL REGIONAL FISHERY MANAGEMENT 28
603		-	COUNCIL; 29
	588	+	[(v)] 5. Shall avoid duplication of regulatory efforts and 19
	589	+	unnecessary costs to the State and to any other person; AND 20
604	590
605		-	[(1)] (II) The population of the species; 30
	591	+	6. SHALL TAKE INTO ACCOU NT CHANGES IN 21
	592	+	ENVIRONMENTAL FACTOR S, INCLUDING CLIMAT OLOGICAL FACTORS . 22
606	593
607		-	[(2)] (III) The distribution of the species; 31
	594	+	[(2)] (4) If it becomes necessary to allocate or assign fishing privileges 23
	595	+	among various groups of individuals under paragraph [(1)(iii)] (3)(II)3 of this subsection, 24
	596	+	or under any fishery management plan, that allocation shall be: 25
608	597
609		-	[(3)] (IV) The habitat needs of the species; or 32 14 SENATE BILL 428
	598	+	(i) Fair and equitable to all individuals; 26
	599	+
	600	+	(ii) Reasonably calculated to promote conservation; and 27
	601	+
	602	+	(iii) Carried out in such a manner that no particular individual, 28
	603	+	corporation, or other entity acquires an excessive share of such privileges. 29
	604	+	14 SENATE BILL 428
	605	+
	606	+
	607	+	[(e) (1)] (5) [Except] SUBJECT TO ANY APPLIC ABLE SUPPLEMENT AND 1
	608	+	EXCEPT as provided in paragraph [(2)] (6) of this subsection, a fishery management plan 2
	609	+	may apply separately or jointly to the waters of the Chesapeake Bay and its tidal 3
	610	+	tributaries, the coastal bays and their tributaries, and the Maryland waters of the Atlantic 4
	611	+	Ocean and shall include: 5
	612	+
	613	+	(i) The best available estimates of sustainable harvest rates; 6
	614	+
	615	+	(ii) Indicators that would trigger any tightening or loosening of 7
	616	+	harvest restrictions; 8
	617	+
	618	+	(iii) A description of the fishery, including: 9
	619	+
	620	+	1. The history of the fishery, and its current condition 10
	621	+	relative to historic populations; 11
	622	+
	623	+	2. The numbers of potential commercial and recreational 12
	624	+	[fishermen] ANGLERS projected to participate in the fishery; 13
	625	+
	626	+	3. The type and quantity of fishing gear used commercially; 14
	627	+
	628	+	4. Where practicable, the cost likely to be incurred in the 15
	629	+	management of the fishery; and 16
	630	+
	631	+	5. The actual and potential revenues from the recreational 17
	632	+	and commercial fishery; 18
	633	+
	634	+	(iv) If the Department determines that a fishery has been, or is 19
	635	+	currently, overfished: 20
	636	+
	637	+	1. A species–specific time period for: 21
	638	+
	639	+	A. Ending or appropriately addressing overfishing; and 22
	640	+
	641	+	B. Rebuilding the stock of the species to a sustainable level; 23
	642	+	and 24
	643	+
	644	+	2. A description of: 25
	645	+
	646	+	A. Management strategies that have a high probability of 26
	647	+	reducing fishing to a target level within a target time period, as determined by the 27
	648	+	Department; and 28
	649	+
	650	+	B. The appropriate assignment or allocation of fishing 29
	651	+	privileges in accordance with [subsection (d)(2)] PARAGRAPH (4) of this [section] 30
	652	+	SUBSECTION ; and 31
	653	+	SENATE BILL 428 15
	654	+
	655	+
	656	+	(v) Other pertinent data that will assist the Secretary in 1
	657	+	determining conservation and management measures reasonably necessary to ensure that 2
	658	+	the fishery resources will be sustained. 3
	659	+
	660	+	[(2)] (6) The Department may waive the requirements in paragraph 4
	661	+	[(1)(iv)] (5)(IV) of this subsection for a species of fish if the Department determines that 5
	662	+	meeting the requirements is not practicable or biologically appropriate based on: 6
	663	+
	664	+	(i) The specific biology of the species; 7
	665	+
	666	+	(ii) The management of the species under a federal or multi–state 8
	667	+	fishery management plan; 9
	668	+
	669	+	(iii) The designation of the species as a nuisance; 10
	670	+
	671	+	(iv) Environmental conditions; or 11
	672	+
	673	+	(v) Other ecological factors. 12
	674	+
	675	+	[(3)] (D) (1) (i) The Department shall: 13
	676	+
	677	+	1. In coordination with the University of Maryland Center 14
	678	+	for Environmental Science and the Oyster Advisory Commission, develop a package of 15
	679	+	consensus recommendations for enhancing and implementing the fishery management 16
	680	+	plan for oysters that will be informed by a collaboratively developed, science–based 17
	681	+	modeling tool to quantify the long–term impacts of identified management actions and 18
	682	+	possible combinations of management actions on: 19
	683	+
	684	+	A. Oyster abundance; 20
	685	+
	686	+	B. Oyster habitat; 21
	687	+
	688	+	C. Oyster harvest; 22
	689	+
	690	+	D. Oyster harvest revenue; and 23
	691	+
	692	+	E. Nitrogen removal; and 24
	693	+
	694	+	2. Hold public listening sessions throughout the State to 25
	695	+	identify possible management actions for use in the public oyster fishery. 26
	696	+
	697	+	(ii) The Oyster Advisory Commission, with the assistance of external 27
	698	+	conflict resolution and facilitation specialists, shall: 28
	699	+
	700	+	1. Develop a package of consensus recommendations through 29
	701	+	a facilitated consensus solutions process, based on a 75% majority agreement level for each 30
	702	+	recommendation; 31 16 SENATE BILL 428
610	703
611	704
612	705
613		-	[(4)] (V) Other biological, ecological, CLIMATOLOGICAL , or 1
614		-	socioeconomic factors concerning the species OR CHESAPEAKE BAY REGION. 2
	706	+	2. Recommend management actions or comb inations of 1
	707	+	management actions to achieve the targets identified in the oyster stock assessment with 2
	708	+	the goal of increasing oyster abundance; and 3
615	709
616		-	[(d) (1)] (2) A FISHERY MANAGEMENT P LAN MAY INCLUDE : 3
	710	+	3. Review model results for each management action or 4
	711	+	combination of management actions to inform its recommendations. 5
617	712
618		-	(I) ~~PROPOSED LIMITATIONS~~ ON THE ~~CATCH OF FISH , BASED ON 4~~
619		-	~~AREA~~, ~~SPECIES~~, ~~SIZE, NUMBER,~~ ~~WEIGHT, SEX, INCIDENTAL CATCH , TOTAL BIOMASS, 5~~
620		-	~~OR OTHER FACTORS THA T ARE NECESSARY~~ AND ~~APPROPRIATE FOR CONS ERVATION 6~~
621		-	~~AND MANAGEMENT OF A FISHERY;~~ 7
	713	+	(iii) 1. The Department shall submit interim reports on the 6
	714	+	development of the package of consensus recommendations by August 1, 2020, December 7
	715	+	1, 2020, and August 1, 2021, to the Governor and, in accordance with § 2–1257 of the State 8
	716	+	Government Article, the General Assembly. 9
622	717
623		-	~~(II) INCORPORATION OF RELE VANT FISHERY CONSERV ATION 8~~
624		-	~~AND MANAGEMENT MEASU RES PROPOSED OR ADOP TED~~ BY ~~INTERSTATE BO DIES OF 9~~
625		-	~~WHICH MARYLAND IS A MEMBE R; AND 10~~
	718	+	2. In addition to the requirements under subsubparagraph 1 10
	719	+	of this subparagraph, the Department shall include in the interim report submitted by 11
	720	+	August 1, 2021: 12
626	721
627		-	~~(III) OTHER PROPOSED MEASUR~~ ~~ES, REQUIREMENTS , OR 11~~
628		-	~~CONDITIONS AND RESTR ICTIONS THAT ARE NEC ESSARY AND APPROPRIA TE FOR 12~~
629		-	~~FISHERY MANAGEMENT . 13~~
	722	+	A. The status of the development of the science–based 13
	723	+	modeling tool used to quantify the long–term impacts of identified management actions; 14
	724	+	and 15
630	725
631		-	(3) (I) THE DEPARTMENT MAY IMPLEM ENT CONSERVATION AND 14
632		-	MANAGEMENT MEASURES IN ACCORDANCE WITH A FISHERY MANA GEMENT PLAN 15
633		-	ADOPTED UNDER THIS S ECTION. 16
	726	+	B. A summary of the model results of any actions identified 16
	727	+	by the Oyster Advisory Commission on or before the date of the interim report. 17
634	728
635		-	(II) Conservation and management measures [adopted] 17
636		-	IMPLEMENTED under a fishery management plan, to the extent possible: 18
	729	+	3. The Department shall provide a final report by December 18
	730	+	1, 2021, which will include an implementation schedule for the consensus 19
	731	+	recommendations, to the Governor and, in accordance with § 2 –1257 of the State 20
	732	+	Government Article, the General Assembly. 21
637	733
638		-	[(i)~~] 1. Shall prevent overfishing while attempting~~ to ~~achieve~~ the 19
639		-	~~best and most efficient utilization of~~ the ~~State’s fishery resources;~~ 20
	734	+	(iv) To be responsive to changes in the oyster resource due to 22
	735	+	environmental conditions, the Department shall: 23
640	736
641		-	[(ii)] 2. Shall be based on the best information available; 21
	737	+	1. Review the status of the stock relative to reference points 24
	738	+	every 2 years and conduct a benchmark stock assessment every 6 years with consideration 25
	739	+	of new methods and with external peer review; and 26
642	740
643		-	[(iii)] 3. May not discriminate unfairly among groups of 22
644		-	[fishermen] ANGLERS COMMERCIAL AND RECRE ATIONAL FISHING PART ICIPANTS, 23
645		-	INCLUDING INDIVIDUALS LIC ENSED TO GUIDE FISHI NG PARTIES AND CHART ER 24
646		-	BOAT CAPTAINS , or have economic allocation as its sole purpose; 25
	741	+	2. With the input of interested stakeholders, implement 27
	742	+	management actions that increase oyster habitat, maintain harvest, and grow the oyster 28
	743	+	stock. 29
647	744
648		-	[(iv)] ~~4. Shall take into account and allow for variations among,~~ 26
649		-	~~and contingencies in, fisheries, fishery resources, and catches;~~ [~~and~~] 27
	745	+	[(4)] (2) The fishery management plan developed in accordance with 30
	746	+	paragraph [(3)] (1) of this subsection shall: 31
650	747
651		-	[(v)] 5. Shall avoid duplication of regulatory efforts and 28
652		-	unnecessary costs to the State and to any other person; AND 29
653		-
654		-	6. SHALL TAKE INTO ACCOU NT CHANGES IN 30
655		-	ENVIRONMENTAL FACTOR S, INCLUDING CLIMATOLOG ICAL FACTORS. 31 SENATE BILL 428 15
	748	+	(i) End the overfishing of oysters in all areas and regions of the 32
	749	+	Chesapeake Bay and its tributaries where overfishing has occurred according to biological 33
	750	+	reference points established by the most recent oyster stock assessment while maintaining 34
	751	+	a harvest in the fishery; 35 SENATE BILL 428 17
656	752
657	753
658	754
659		-	[(2)] (4) If it becomes necessary to allocate or assign fishing privileges 1
660		-	among various groups of individuals under paragraph [(1)(iii)] (3)(II)3 of this subsection, 2
661		-	or under any fishery management plan, that allocation shall be: 3
	755	+	(ii) Achieve fishing mortality rates at target levels; 1
662	756
663		-	(i) ~~Fair and equitable to all individuals~~; 4
	757	+	(iii) Increase oyster abundance; 2
664	758
665		-	(ii) ~~Reasonably calculated to promote conservation~~; and 5
	759	+	(iv) Increase oyster habitat; and 3
666	760
667		-	(~~iii~~) ~~Carried out in such a manner that no particular individual~~, 6
668		-	~~corporation, or other entity acquires an excessive share of such privileges~~. 7
	761	+	(v) Facilitate the long–term sustainable harvest of oysters, 4
	762	+	including the public fishery. 5
669	763
670		-	[(e) (1)] (5) [Except] SUBJECT TO ANY APPLIC ABLE SUPPLEMENT AND 8
671		-	EXCEPT as provided in paragraph [(2)] (6) of this subsection, a fishery management plan 9
672		-	may apply separately or jointly to the waters of the Chesapeake Bay and its tidal 10
673		-	tributaries, the coastal bays and their tributaries, and the Maryland waters of the Atlantic 11
674		-	Ocean and shall include: 12
	764	+	[(f) A fishery management plan may include: 6
675	765
676		-	(i) The best available estimates of sustainable harvest rates; 13
	766	+	(1) Proposed limitations on the catch of fish, based on area, species, size, 7
	767	+	number, weight, sex, incidental catch, total biomass, or other factors, which are necessary 8
	768	+	and appropriate for conservation and management of a fishery; 9
677	769
678		-	(ii) ~~Indicators that would trigger any tightening or loosening~~ of 14
679		-	~~harvest restrictions~~; 15
	770	+	(2) Incorporation of relevant fishery conservation and management 10
	771	+	measures proposed or adopted by interstate bodies of which Maryland is a member; and 11
680	772
681		-	(iii) A description of the fishery, including: 16
	773	+	(3) Other proposed measures, requirements, or conditions and restrictions 12
	774	+	which are necessary and appropriate for fishery management. 13
682	775
683		-	1. The history of the fishery, and its current condition 17
684		-	relative to historic populations; 18
	776	+	(g)] (E) The Department shall present the management plans AND 14
	777	+	SUPPLEMENTS under this section in the form of an annual report, subject to § 2–1257 of 15
	778	+	the State Government Article, to: 16
685	779
686		-	2. The numbers of potential commercial FISHING 19
687		-	PARTICIPANTS, INCLUDING INDIVIDUAL S LICENSED TO GUIDE FISHING PARTIES 20
688		-	AND CHARTE R BOAT CAPTAINS , and recreational [fishermen] ANGLERS FISHING 21
689		-	PARTICIPANTS projected to participate in the fishery; 22
	780	+	(1) The Legislative Policy Committee; 17
690	781
691		-	3. The type and quantity of fishing gear used commercially; 23
	782	+	(2) The Senate Committee on Education, Energy, and the Environment; 18
	783	+	and 19
692	784
693		-	4. Where practicable, the cost likely to be incurred in the 24
694		-	management of the fishery; and 25
	785	+	(3) The Environment and Transportation Committee. 20
695	786
696		-	5. The actual and potential revenues from the recreational 26
697		-	and commercial fishery; 27
	787	+	[(h)] (F) (1) (i) The [Secretary shall] DEPARTMENT : 21
698	788
699		-	(iv) If the Department determines that a fishery has been, or is 28
700		-	currently, overfished: 29
	789	+	1. SHALL adopt [the proposed] BY REGULATION : 22
701	790
702		-	1. A ~~species–specific time period for:~~ 30
703		-	16 ~~SENATE BILL 428~~
	791	+	A. A FISHERY management [plans] PLAN PREPARED BY 23
	792	+	THE DEPARTMENT UNDER THIS SECTION ; AND 24
704	793
	794	+	B. A SUPPLEMENT PREPARED BY THE DEPARTMENT 25
	795	+	UNDER THIS SECTION ; and [any proposed] 26
705	796
706		-	A. Ending or appropriately addressing overfishing; and 1
707		-
708		-	B. Rebuilding the stock of the species to a sustainable level; 2
709		-	and 3
710		-
711		-	2. A description of: 4
712		-
713		-	A. Management strategies that have a high probability of 5
714		-	reducing fishing to a target level within a target time period, as determined by the 6
715		-	Department; and 7
716		-
717		-	B. The appropriate assignment or allocation of fishing 8
718		-	privileges in accordance with [subsection (d)(2)] PARAGRAPH (4) of this [section] 9
719		-	SUBSECTION ; and 10
720		-
721		-	(v) Other pertinent data that will assist the Secretary in 11
722		-	determining conservation and management measures reasonably necessary to ensure that 12
723		-	the fishery resources will be sustained. 13
724		-
725		-	[(2)] (6) The Department may waive the requirements in paragraph 14
726		-	[(1)(iv)] (5)(IV) of this subsection for a species of fish if the Department determines that 15
727		-	meeting the requirements is not practicable or biologically appropriate based on: 16
728		-
729		-	(i) The specific biology of the species; 17
730		-
731		-	(ii) The management of the species under a federal or multi–state 18
732		-	fishery management plan; 19
733		-
734		-	(iii) The designation of the species as a nuisance; 20
735		-
736		-	(iv) Environmental conditions; or 21
737		-
738		-	(v) Other ecological factors. 22
739		-
740		-	[(3)] (D) (1) (i) The Department shall: 23
741		-
742		-	1. In coordination with the University of Maryland Center 24
743		-	for Environmental Science and the Oyster Advisory Commission, develop a package of 25
744		-	consensus recommendations for enhancing and implementing the fishery management 26
745		-	plan for oysters that will be informed by a collaboratively developed, science–based 27
746		-	modeling tool to quantify the long–term impacts of identified management actions and 28
747		-	possible combinations of management actions on: 29
748		-
749		-	A. Oyster abundance; 30
750		-
751		-	B. Oyster habitat; 31
752		-	SENATE BILL 428 17
753		-
754		-
755		-	C. Oyster harvest; 1
756		-
757		-	D. Oyster harvest revenue; and 2
758		-
759		-	E. Nitrogen removal; and 3
760		-
761		-	2. Hold public listening sessions throughout the State to 4
762		-	identify possible management actions for use in the public oyster fishery. 5
763		-
764		-	(ii) The Oyster Advisory Commission, with the assistance of external 6
765		-	conflict resolution and facilitation specialists, shall: 7
766		-
767		-	1. Develop a package of consensus recommendations through 8
768		-	a facilitated consensus solutions process, based on a 75% majority agreement level for each 9
769		-	recommendation; 10
770		-
771		-	2. Recommend management actions or combinations of 11
772		-	management actions to achieve the targets identified in the oyster stock assessment with 12
773		-	the goal of increasing oyster abundance; and 13
774		-
775		-	3. Review model results for each management action or 14
776		-	combination of management actions to inform its recommendations. 15
777		-
778		-	(iii) 1. The Department shall submit interim reports on the 16
779		-	development of the package of consensus recommendations by August 1, 2020, December 17
780		-	1, 2020, and August 1, 2021, to the Governor and, in accordance with § 2–1257 of the State 18
781		-	Government Article, the General Assembly. 19
782		-
783		-	2. In addition to the requirements under subsubparagraph 1 20
784		-	of this subparagraph, the Department shall include in the interim report submitted by 21
785		-	August 1, 2021: 22
786		-
787		-	A. The status of the development of the science–based 23
788		-	modeling tool used to quantify the long–term impacts of identified management actions; 24
789		-	and 25
790		-
791		-	B. A summary of the model results of any actions identified 26
792		-	by the Oyster Advisory Commission on or before the date of the interim report. 27
793		-
794		-	3. The Department shall provide a final report by December 28
795		-	1, 2021, which will include an implementation schedule for the consensus 29
796		-	recommendations, to the Governor and, in accordance with § 2 –1257 of the State 30
797		-	Government Article, the General Assembly. 31
798		-
799		-	(iv) To be responsive to changes in the oyster resource due to 32
800		-	environmental conditions, the Department shall: 33
	797	+	2. MAY ADOPT conservation and management measures by 27
	798	+	regulation FOR: 28
801	799		18 SENATE BILL 428
802	800
803	801
804		-	1. Review the status of the stock relative to reference points 1
805		-	every 2 years and conduct a benchmark stock assessment every 6 years with consideration 2
806		-	of new methods and with external peer review; and 3
	802	+	A. AN ATLANTIC STATES MARINE FISHERIES 1
	803	+	COMMISSION FISHERY MA NAGEMENT PLAN; 2
807	804
808		-	2. With the input of interested stakeholders, implement 4
809		-	management actions that increase oyster habitat, maintain harvest, and grow the oyster 5
810		-	stock. 6
	805	+	B. A FEDERAL REGIONAL FISHERY MANAGEMENT 3
	806	+	COUNCIL FISHER Y MANAGEMENT PLAN ; 4
811	807
812		-	~~[(4)] (2) The~~ fishery management ~~plan developed in accordance with 7~~
813		-	~~paragraph [(3)] (1) of~~ this ~~subsection shall:~~ 8
	808	+	C. A FISHERY MANAGEMENT P LAN PREPARED AND 5
	809	+	ADOPTED BY THE DEPARTMENT UNDER THIS SECTION; AND 6
814	810
815		-	(i) End the overfishing of oysters in all areas and regions of the 9
816		-	Chesapeake Bay and its tributaries where overfishing has occurred according to biological 10
817		-	reference points established by the most recent oyster stock assessment while maintaining 11
818		-	a harvest in the fishery; 12
	811	+	D. A SUPPLEMENT PREPARED AND ADOPTED BY THE 7
	812	+	DEPARTMENT UNDER THIS SECTION. 8
819	813
820		-	(ii) Achieve fishing mortality rates at target levels; 13
	814	+	(ii) 1. The Secretary may adopt conservation and management 9
	815	+	measures in separate proceedings and by separate regulations. 10
821	816
822		-	(iii) Increase oyster abundance; 14
	817	+	2. Conservation and management measures adopted 11
	818	+	separately may include changes to those proposed or adopted in a fishery management plan 12
	819	+	OR SUPPLEMENT and any additional measures necessary to carry out the adopted plan 13
	820	+	OR SUPPLEMENT . 14
823	821
824		-	(iv) Increase oyster habitat; and 15
	822	+	(iii) The Secretary may not prohibit the use of pound net sites in the 15
	823	+	coastal bays that are registered with the Department as of January 1, 2000. 16
825	824
826		-	(v) Facilitate the long–term sustainable harvest of oysters, 16
827		-	including the public fishery. 17
	825	+	(2) (I) The regulations of the Department to implement a fisheries 17
	826	+	management plan for the coastal bays may not become effective under this section until the 18
	827	+	Department first holds A public [hearings in Worcester County] HEARING. 19
828	828
829		-	[(f) A fishery management plan may include: 18
	829	+	(II) THE PUBLIC HEARING RE QUIRED UNDER SUBPARAGRAP H 20
	830	+	(I) OF THIS PARAGRAPH MA Y BE HELD IN PERSON IN WORCESTER COUNTY OR, IN 21
	831	+	WHOLE OR IN PART , REMOTELY BY ELECTRON IC MEANS. 22
830	832
831		-	(1) ~~Proposed limitations on~~ the ~~catch~~ of ~~fish, based on area, species, size, 19~~
832		-	~~number, weight,~~ ~~sex, incidental catch,~~ ~~total biomass,~~ ~~or other factors,~~ ~~which are necessary 20~~
833		-	~~and appropriate for conservation~~ and ~~management of a fishery; 21~~
	833	+	(3) All notices of public hearings required for the adoption of regulations 23
	834	+	under this section shall be printed in the Maryland Register and further publicized so as to 24
	835	+	provide reasonable notice to the affected communities [of fishermen] and the public. 25
834	836
835		-	(2) Incorporation of relevant fishery conservation and management 22
836		-	measures proposed or adopted by interstate bodies of which Maryland is a member; and 23
	837	+	[(i)] (G) Notwithstanding any other provision of this title, except § 4–1002 of 26
	838	+	this title, once a fishery management plan OR SUPPLEMENT has been adopted by 27
	839	+	regulation, the State’s fishery resources shall be harvested in accordance with the 28
	840	+	conservation and management measures in the fishery management plan OR 29
	841	+	SUPPLEMENT and any regulations implementing or amending that plan OR 30
	842	+	SUPPLEMENT . 31
837	843
838		-	(3) Other proposed measures, requirements, or conditions and restrictions 24
839		-	which are necessary and appropriate for fishery management. 25
	844	+	[(j)] (H) The provisions of this section do not apply to aquaculture activities in 32
	845	+	nontidal ponds, lakes, or impoundments in the State. 33
	846	+	SENATE BILL 428 19
840	847
841		-	(g)] (E) The Department shall present the management plans AND 26
842		-	SUPPLEMENTS under this section in the form of an annual report, subject to § 2–1257 of 27
843		-	the State Government Article, to: 28
844	848
845		-	(1~~) The Legislative Policy Committee; 29~~
	849	+	4–11A–09. 1
846	850
847		-	(2) The ~~Senate Committee on Education, Energy, and the Environment; 30~~
848		-	~~and 31~~
	851	+	(g) (1) If an application for a submerged land or water column lease in the 2
	852	+	Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this subtitle: 3
849	853
850		-	(3) The Environment and Transportation Committee. 32 SENATE BILL 428 19
	854	+	(i) The applicant for the lease shall mark the CENTER OF THE 4
	855	+	proposed area with a stake; and 5
	856	+
	857	+	(ii) The Department shall: 6
	858	+
	859	+	1. SURVEY THE CORNERS OF THE PROPOSED LEASE 7
	860	+	AREA; 8
	861	+
	862	+	2. Advertise the application on the website of the 9
	863	+	Department and once a week for 2 weeks in a newspaper published in the county or counties 10
	864	+	where the proposed lease is to be located; 11
	865	+
	866	+	[2.] 3. Notify the owners of property directly in front of the 12
	867	+	proposed activity; 13
	868	+
	869	+	[3.] 4. Notify each Chair of an Oyster Committee in the county 14
	870	+	in which the proposed activity is located; and 15
	871	+
	872	+	[4.] 5. Notify other interested parties that the Department 16
	873	+	[deems] CONSIDERS appropriate. 17
	874	+
	875	+	(2) (i) [Within] ANY PERSON MAY SUBMIT A WRITTEN REQUEST 18
	876	+	FOR A PUBLIC INFORMA TIONAL MEETING ON TH E ISSUANCE OF A LEAS E WITHIN 30 19
	877	+	days [of] AFTER publication of the last advertisement under paragraph (1) of this 20
	878	+	subsection[, any]. 21
	879	+
	880	+	(II) THE REQUEST FOR A PUB LIC INFORMATIONAL ME ETING 22
	881	+	SUBMITTED TO THE DEPARTMENT UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH 23
	882	+	MUST CONTAIN THE NAM E, MAILING ADDRESS , AND E–MAIL ADDRESS OF THE 24
	883	+	REQUESTOR . 25
	884	+
	885	+	(III) THE DEPARTMENT SHALL HOLD A PUBLIC INFORMATIONAL 26
	886	+	MEETING ON THE ISSUA NCE OF A LEASE ON TH E REQUEST OF ANY PER SON. 27
	887	+
	888	+	(3) (I) ANY person who has a specific right, duty, privilege, or interest 28
	889	+	that is different from that held by the general public and may be adversely affected by the 29
	890	+	proposed lease may file a WRITTEN petition with the Department protesting the issuance 30
	891	+	of the lease: 31
	892	+	20 SENATE BILL 428
	893	+
	894	+
	895	+	1. WITHIN 30 DAYS AFTER PUBLICATION OF THE L AST 1
	896	+	ADVERTISEMENT UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 2
	897	+
	898	+	2. WITHIN 7 DAYS AFTER A PUBLIC INFORMATIONAL 3
	899	+	MEETING HELD IN ACCORDANCE W ITH PARAGRAPH (2) OF THIS SUBSECTION . 4
	900	+
	901	+	(II) A PROTEST FILED WITH T HE DEPARTMENT UNDER 5
	902	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH MUST CONTAIN : 6
	903	+
	904	+	1. THE NAME, MAILING ADDRESS , AND E–MAIL ADDRESS 7
	905	+	OF THE PROTESTANT ; 8
	906	+
	907	+	2. A STATEMENT INDICATING THAT THE PROTESTANT 9
	908	+	INTENDS TO PROTEST T HE LEASE AND THE REA SONS FOR THE PROTEST ; AND 10
	909	+
	910	+	3. A STATEMENT DESCRIBING THE PROTESTANT ’S 11
	911	+	SPECIFIC RIGHT, DUTY, PRIVILEGE, OR INTEREST THAT IS DIFFERENT FROM THAT 12
	912	+	HELD BY THE GENERAL PUBLIC AND MAY BE ADVERSELY AFFECTED B Y THE 13
	913	+	PROPOSED LEASE . 14
	914	+
	915	+	(III) THE DEPARTMENT MAY REQUIR E MEDIATION BETWEEN 15
	916	+	THE PROTESTANT , THE APPLICANT , AND THE DEPARTMENT BEFORE TRANSMITTING 16
	917	+	THE PROTEST TO THE OFFICE OF ADMINISTRATIVE HEARINGS. 17
	918	+
	919	+	[(ii)] (IV) The protest shall be heard in accordance with the 18
	920	+	requirements of the Administrative Procedure Act under Title 10, Subtitle 2 of the State 19
	921	+	Government Article. 20
	922	+
	923	+	[(iii) The Department shall hold a public informational meeting on the 21
	924	+	issuance of a lease on the request of any person. 22
	925	+
	926	+	(iv)] (V) Immediately after termination of the period [prescribed] 23
	927	+	SPECIFIED in subparagraph (i) of this paragraph for filing a petition or after a final 24
	928	+	decision dismissing a protest, the Department shall [survey the proposed leased area and] 25
	929	+	issue a lease to the applicant. 26
	930	+
	931	+	(H) THE DEPARTMENT , IN CONSULTATION WITH THE AQUACULTURE 27
	932	+	COORDINATING COUNCIL, MAY CHARGE AN APPLIC ANT REASONABLE ADVER TISING 28
	933	+	AND SURVEY FEES . 29
	934	+
	935	+	4–11A–14. 30
	936	+
	937	+	(a) (1) Except as provided in paragraph (2) of this subsection, a leaseholder 31
	938	+	may cultivate or remove shellfish planted on [his] THE LEASEHOLDER ’S aquaculture or 32 SENATE BILL 428 21
	939	+
	940	+
	941	+	submerged land lease area in any manner [he deems] THE LEASEHOLDER CONS IDERS 1
	942	+	proper. 2
	943	+
	944	+	(2) A person may not use a hydraulic escalator dredge to harvest shellfish 3
	945	+	in the Atlantic Coastal Bays. 4
	946	+
	947	+	(b) (1) Each leaseholder shall keep accurate records concerning the seeding 5
	948	+	and planting of cultch and [oysters] SHELLFISH on[,] and the harvesting[,] and selling of 6
	949	+	[oysters] SHELLFISH from [his] THE LEASEHOLDER ’S aquaculture, submerged land, or 7
	950	+	demonstration lease area. 8
	951	+
	952	+	(2) Each leaseholder shall report this information to the Department 9
	953	+	ELECTRONICALLY OR on forms SPECIFIED BY the Department [prescribes]. 10
	954	+
	955	+	(c) (1) On or before January [1] 31 of each year, a leaseholder shall provide to 11
	956	+	the Department a report documenting the use of the lease during the prior year. 12
	957	+
	958	+	(2) A leaseholder shall provide to the Department any other report that the 13
	959	+	Department may require. 14
	960	+
	961	+	(3) Failure to file a report may result in termination of the lease. 15
	962	+
	963	+	(4) Failure to actively use a lease may result in termination of the lease. 16
	964	+
	965	+	SUBTITLE 21. AGRICULTURE LEASES ON DEPARTMENT LAND. 17
	966	+
	967	+	5–2101. 18
	968	+
	969	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19
	970	+	INDICATED. 20
	971	+
	972	+	(B) “HEALTHY SOILS ” HAS THE MEANING STAT ED IN § 2–1901 OF THE 21
	973	+	AGRICULTURE ARTICLE. 22
	974	+
	975	+	(C) “REGENERATIVE PRACTICE S AND TRADITIONS ” HAS THE MEANING 23
	976	+	STATED IN § 2–1901 OF THE AGRICULTURE ARTICLE. 24
	977	+
	978	+	5–2102. 25
	979	+
	980	+	(A) THE DEPARTMENT MAY LEASE LAND OWNED OR MANAGE D BY THE 26
	981	+	DEPARTMENT TO A PERSO N IMPLEMENTING PRACT ICES THAT SUPPORT HEALTHY 27
	982	+	SOILS AND REGENERATI VE PRACTICES AND TRA DITIONS. 28
	983	+
	984	+	(B) (1) THE LEASE TERM MAY BE FOR A MINIMUM OF 10 YEARS. 29
	985	+	22 SENATE BILL 428
	986	+
	987	+
	988	+	(2) THE LEASE SHALL REQU IRE THE LESSEE TO CO MPLY WITH ALL 1
	989	+	APPLICABLE STATE AND FEDERAL LAW S AND REGULATIONS . 2
	990	+
	991	+	(C) THE DEPARTMENT SHALL CONS ULT WITH THE DEPARTMENT OF 3
	992	+	AGRICULTURE ON THE DE VELOPMENT OF A TEMPL ATE FOR LEASES ENTER ED INTO 4
	993	+	UNDER THIS SECTION . 5
	994	+
	995	+	8–2B–02. 6
	996	+
	997	+	(a) There is a Whole Watershed Restoration Partnership. 7
	998	+
	999	+	(b) The purpose of the Partnership is to accelerate restoration of the Chesapeake 8
	1000	+	and Atlantic Coastal Bays and their watersheds by equitably focusing assistance on actions 9
	1001	+	and areas that are: 10
	1002	+
	1003	+	(1) Cost–effective; 11
	1004	+
	1005	+	(2) Likely to demonstrate a rapid systemic response to restoration activity, 12
	1006	+	including rapid de–listing of impaired streams identified under § 303(d) of the federal Clean 13
	1007	+	Water Act; and 14
	1008	+
	1009	+	(3) Supported by the local government. 15
	1010	+
	1011	+	(c) (1) The Secretary shall establish a State management team to administer 16
	1012	+	the Partnership. 17
	1013	+
	1014	+	(2) The State management team shall include: 18
	1015	+
	1016	+	(i) One representative of the Department, designated by the 19
	1017	+	Secretary; 20
	1018	+
	1019	+	(ii) One representative of the Department of the Environment, 21
	1020	+	designated by the Secretary of the Environment; 22
	1021	+
	1022	+	(iii) One representative of the Department of Agriculture, designated 23
	1023	+	by the Secretary of Agriculture; 24
	1024	+
	1025	+	(iv) One representative of the Department of Planning, designated 25
	1026	+	by the Secretary of Planning; 26
	1027	+
	1028	+	(v) One representative of the Critical Area Commission for the 27
	1029	+	Chesapeake and Atlantic Coastal Bays, designated by the chair of the Commission; and 28
	1030	+
	1031	+	(vi) The Chief Resilience Officer, or the Chief Resilience Officer’s 29
	1032	+	designee. 30
	1033	+	SENATE BILL 428 23
	1034	+
	1035	+
	1036	+	(3) The representative of the Department shall chair the State 1
	1037	+	management team. 2
	1038	+
	1039	+	(4) The State management team shall coordinate with other entities, 3
	1040	+	including the U.S. Army Corps of Engineers and the U.S. Environmental Protection 4
	1041	+	Agency, as necessary to carry out its functions and duties under this subtitle. 5
	1042	+
	1043	+	(d) (1) The Partnership shall employ staff in accordance with the State budget. 6
	1044	+
	1045	+	(2) State agencies may provide staff or other assistance to the Partnership. 7
	1046	+
	1047	+	(e) On or before October 1, 2024, and every 5 years thereafter, the State 8
	1048	+	management team shall issue a request for proposals for projects that: 9
	1049	+
	1050	+	(1) Occur within a single Maryland 8–Digit Watershed as identified in the 10
	1051	+	statewide digital watershed file maintained by the Department of Information Technology; 11
	1052	+
	1053	+	(2) Include a strategy describing the partners, actions, and benefits that 12
	1054	+	the project will incorporate over a 5–year period; 13
	1055	+
	1056	+	(3) Provide at least five of the benefits specified under subsection (f)(2)(viii) 14
	1057	+	of this section; and 15
	1058	+
	1059	+	(4) Are endorsed by each county and municipal corporation in which the 16
	1060	+	project will occur. 17
	1061	+
	1062	+	(f) (1) Subject to paragraph (3) of this subsection, on or before March 1, 2025, 18
	1063	+	and every 5 years thereafter, the State management team may approve up to five projects 19
	1064	+	to receive assistance under this section. 20
	1065	+
	1066	+	(2) The State management team shall evaluate a proposed project based 21
	1067	+	on whether the proposed project: 22
	1068	+
	1069	+	(i) Is located in a watershed in which habitat restoration and 23
	1070	+	pollution reduction will: 24
	1071	+
	1072	+	1. Result in the greatest improvements to shallow water 25
	1073	+	habitat and living resources; 26
	1074	+
	1075	+	2. Achieve rapid de–listing of impaired streams identified 27
	1076	+	under § 303(d) of the federal Clean Water Act and published in the Department of the 28
	1077	+	Environment’s Triennial Review of Water Quality Standards; or 29
	1078	+
	1079	+	3. Generate rapidly improving conditions in the local 30
	1080	+	ecosystem; 31
	1081	+	24 SENATE BILL 428
	1082	+
	1083	+
	1084	+	(ii) Emphasizes actions that are expected to provide the greatest, 1
	1085	+	most cost–effective, and measurable amount of pollution reduction; 2
	1086	+
	1087	+	(iii) Supports land use policies, conservation programs, and 3
	1088	+	restoration protocols at the local level that will sustain project actions and outcomes; 4
	1089	+
	1090	+	(iv) Has documented interest from a group of affected property 5
	1091	+	owners to allow restoration or conservation actions on their property; 6
	1092	+
	1093	+	(v) Minimizes the loss of trees and other natural habitats; 7
	1094	+
	1095	+	(vi) Demonstrates opportunities to implement actions that reduce 8
	1096	+	environmental disparities experienced by overburdened or underserved communities; 9
	1097	+
	1098	+	(vii) Demonstrates opportunities to foster innovation in restoration 10
	1099	+	science or practices; 11
	1100	+
	1101	+	(viii) In addition to land–based habitat restoration and water quality 12
	1102	+	improvement, anticipates benefits related to: 13
	1103	+
	1104	+	1. The creation or restoration of wildlife habitat, riparian 14
	1105	+	buffers, and wetland restoration; 15
	1106	+
	1107	+	2. The restoration of aquatic resources, such as freshwater 16
	1108	+	mussels, fish passage, or oyster reefs; 17
	1109	+
	1110	+	3. Carbon sequestration; 18
	1111	+
	1112	+	4. Climate change mitigation, adaptation, or resilience; 19
	1113	+
	1114	+	5. Local employment opportunities; 20
	1115	+
	1116	+	6. Improving and protecting public health; and 21
	1117	+
	1118	+	7. Recreational opportunities and public access to waterways 22
	1119	+	and natural habitats; and 23
	1120	+
	1121	+	(ix) Creates partnership opportunities among nonprofit and 24
	1122	+	for–profit organizations, community organizations, all levels of government, and scientists. 25
	1123	+
	1124	+	(3) The State management team shall: 26
	1125	+
	1126	+	(i) Work to ensure that the projects approved include: 27
	1127	+
	1128	+	1. One project located in a predominantly urban area; 28
	1129	+
	1130	+	2. One project located in a predominantly suburban area; 29 SENATE BILL 428 25
851	1131
852	1132
853	1133
854		-	[(h)] (F) (1) (i) The [Secretary shall] DEPARTMENT : 1
	1134	+	3. Two projects primarily focused on reducing pollution in a 1
	1135	+	predominantly agricultural area; and 2
855	1136
856		-	1. SHALL adopt [the proposed] BY REGULATION : 2
	1137	+	4. One project that incorporates collaborative efforts with an 3
	1138	+	adjoining state; and 4
857	1139
858		-	~~A. A FISHERY management [plans] PLAN PREPARED BY 3~~
859		-	~~THE DEPARTMENT UNDER THIS SECTION;~~ ~~AND 4~~
	1140	+	(ii) Ensure that at least two approved projects are located in and 5
	1141	+	provide benefits to an overburdened or underserved community. 6
860	1142
861		-	B. A SUPPLEMENT PREPARED BY THE DEPARTMENT 5
862		-	UNDER THIS SECTION ; and [any proposed] 6
	1143	+	(4) The State management team may require siting, design, construction, 7
	1144	+	maintenance, and operation principles and standards for a project that are in addition to 8
	1145	+	those required by law or regulation if the team determines that those principles and 9
	1146	+	standards are necessary to preserve the benefits of the project. 10
863	1147
864		-	2. MAY ADOPT conservation and management measures by 7
865		-	regulation FOR: 8
	1148	+	(G) (1) AS SOON AS POSSIBLE A FTER APPROVING A PRO JECT UNDER THIS 11
	1149	+	SECTION, THE STATE MANAGEM ENT TEAM AND THE PRO JECT SPONSOR SHALL MEET 12
	1150	+	TO DEVELOP A PLAN FO R PERMITTING THE PRO JECT, INCLUDING IDENTIFYIN G ALL: 13
866	1151
867		-	A. AN ATLANTIC STATES MARINE FISHERIES 9
868		-	COMMISSION FISHERY MA NAGEMENT PLAN ; 10
	1152	+	(I) REQUIRED STATE AND FEDERAL PER MITS; 14
869	1153
870		-	~~B. A FEDERAL REGIONAL FISHERY MANAGEMENT 11~~
871		-	~~COUNCIL FISHERY MANAG EMENT PLAN~~; 12
	1154	+	(II) SUPPORTING DOCUMENTAT ION THAT MUST BE SUB MITTED 15
	1155	+	WITH EACH PERMIT APP LICATION; 16
872	1156
873		-	~~C. A FISHERY MANAGEMENT P LAN PREPARED~~ AND 13
874		-	~~ADOPTED BY THE DEPARTMENT UNDER THIS SECTION~~; AND 14
	1157	+	(III) TIME FRAMES FOR SUBMITTIN G THE PERMITS AND 17
	1158	+	SUPPORTING DOCUMENTA TION; AND 18
875	1159
876		-	~~D. A SUPPLEMENT PREPARED AND ADOPTED BY THE 15~~
877		-	~~DEPARTMENT UNDER THIS SECTION~~. 16
	1160	+	(IV) POINTS OF CONTACT WITHIN EACH RELEVANT AGENCY FOR 19
	1161	+	EACH OF THE PERMITS . 20
878	1162
879		-	(ii) 1. The Secretary may adopt conservation and management 17
880		-	measures in separate proceedings and by separate regulations. 18
	1163	+	(2) TO EXPEDITE THE PERMI TTING PROCESS TO THE EXTENT 21
	1164	+	ALLOWED BY STATE AND FEDERAL LAW , THE STATE MANAGEMENT TEAM A ND 22
	1165	+	PROJECT SPONSOR SHAL L: 23
881	1166
882		-	~~2. Conservation~~ and ~~management measures adopted 19~~
883		-	~~separately may include changes to those proposed or adopted in a fishery management plan 20~~
884		-	~~OR SUPPLEMENT~~ and ~~any additional measures necessary~~ to ~~carry out~~ the ~~adopted plan 21~~
885		-	~~OR SUPPLEMENT . 22~~
	1167	+	(I) INVITE ALL RELEVANT STATE AND FEDERAL AGE NCIES, 24
	1168	+	INCLUDING THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE U.S. ARMY 25
	1169	+	CORPS OF ENGINEERS, AND THE NATIONAL MARINE FISHERIES SERVICE, TO THE 26
	1170	+	MEETING REQUIRED U NDER PARAGRAPH (1) OF THIS SUBSECTION ; AND 27
886	1171
887		-	(iii) The Secretary may not prohibit the use of pound net sites in the 23
888		-	coastal bays that are registered with the Department as of January 1, 2000. 24
	1172	+	(II) COORDINATE WITH EACH AGENCY TO DEVELOP TH E PLAN 28
	1173	+	FOR PERMITTING THE P ROJECT, INCLUDING TIME FRAMES AND REQUIREME NTS 29
	1174	+	FOR EACH APPLICATION . 30
889	1175
890		-	(2) (I) The regulations of the Department to implement a fisheries 25
891		-	management plan for the coastal bays may not become effective under this section until the 26
892		-	Department first holds A public [hearings in Worcester County] HEARING. 27
893		-
894		-	(II) THE PUBLIC HEARING RE QUIRED UNDER SUBPARA GRAPH 28
895		-	(I) OF THIS PARAGRAPH MA Y BE HELD IN PERSON IN WORCESTER COUNTY OR, IN 29
896		-	WHOLE OR IN PART , REMOTELY BY ELECTRON IC MEANS. 30
897		-	20 SENATE BILL 428
898		-
899		-
900		-	(3) All notices of public hearings required for the adoption of regulations 1
901		-	under this section shall be printed in the Maryland Register and further publicized so as to 2
902		-	provide reasonable notice to the affected communities OF COMMERCIAL FISHIN G 3
903		-	PARTICIPANTS, INCLUDING INDIVIDUAL S LICENSED TO GUIDE FISHING PARTIES 4
904		-	AND CHARTER BOAT CAP TAINS, AND RECREATIONAL FIS HING PARTICIPANTS [of 5
905		-	fishermen] and the public. 6
906		-
907		-	[(i)] (G) Notwithstanding any other provision of this title, except § 4–1002 of 7
908		-	this title, once a fishery management plan OR SUPPLEMENT has been adopted by 8
909		-	regulation, the State’s fishery resources shall be harvested in accordance with the 9
910		-	conservation and management measures in the fishery management plan OR 10
911		-	SUPPLEMENT and any regulations implementing or amending that plan OR 11
912		-	SUPPLEMENT . 12
913		-
914		-	[(j)] (H) The provisions of this section do not apply to aquaculture activities in 13
915		-	nontidal ponds, lakes, or impoundments in the State. 14
916		-
917		-	4–11A–09. 15
918		-
919		-	(g) (1) If an application for a submerged land or water column lease in the 16
920		-	Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this subtitle: 17
921		-
922		-	(i) The applicant for the lease shall mark the CENTER OF THE 18
923		-	proposed area with a stake; and 19
924		-
925		-	(ii) The Department shall: 20
926		-
927		-	1. SURVEY THE CORNERS OF THE PROPOSED LEASE 21
928		-	AREA; 22
929		-
930		-	2. Advertise the application on the website of the 23
931		-	Department and once a week for 2 weeks in a newspaper published in the county or counties 24
932		-	where the proposed lease is to be located; 25
933		-
934		-	[2.] 3. Notify the owners of property directly in front of the 26
935		-	proposed activity; 27
936		-
937		-	[3.] 4. Notify each Chair of an Oyster Committee in the county in 28
938		-	which the proposed activity is located; and 29
939		-
940		-	[4.] 5. Notify other interested parties that the Department 30
941		-	[deems] CONSIDERS appropriate. 31
942		-
943		-	(2) (i) [Within] ANY PERSON MAY SUBMIT A WRITTEN REQUEST 32
944		-	FOR A PUBLIC INFORMA TIONAL MEETING ON TH E ISSUANCE OF A LEAS E WITHIN 30 33 SENATE BILL 428 21
945		-
946		-
947		-	days [of] AFTER publication of the last advertisement under paragraph (1) of this 1
948		-	subsection[, any]. 2
949		-
950		-	(II) THE REQUEST FOR A PUB LIC INFORMATI ONAL MEETING 3
951		-	SUBMITTED TO THE DEPARTMENT UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH 4
952		-	MUST CONTAIN THE NAM E, MAILING ADDRESS , AND E–MAIL ADDRESS OF THE 5
953		-	REQUESTOR . 6
954		-
955		-	(III) THE DEPARTMENT SHALL HOLD A PUBLIC INFORMATION AL 7
956		-	MEETING ON THE ISSUA NCE OF A LEASE ON THE REQUEST OF ANY P ERSON. 8
957		-
958		-	(3) (I) ANY person who has a specific right, duty, privilege, or interest 9
959		-	that is different from that held by the general public and may be adversely affected by the 10
960		-	proposed lease may file a WRITTEN petition with the Department protesting the issuance 11
961		-	of the lease: 12
962		-
963		-	1. WITHIN 30 DAYS AFTER PUBLICATI ON OF THE LAST 13
964		-	ADVERTISEMENT UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 14
965		-
966		-	2. WITHIN 7 DAYS AFTER A PUBLIC INFORMATIONAL 15
967		-	MEETING HELD IN ACCO RDANCE WITH PARAGRAP H (2) OF THIS SUBSECTION . 16
968		-
969		-	(II) A PROTEST FILED WITH T HE DEPARTMENT UNDER 17
970		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH MU ST CONTAIN: 18
971		-
972		-	1. THE NAME, MAILING ADDRESS , AND E–MAIL ADDRESS 19
973		-	OF THE PROTESTANT ; 20
974		-
975		-	2. A STATEMENT INDICATING THAT THE PROTESTANT 21
976		-	INTENDS TO PROTEST THE LEASE AND THE RE ASONS FOR THE PROTES T; AND 22
977		-
978		-	3. A STATEMENT DESCRIBING THE PROTESTANT ’S 23
979		-	SPECIFIC RIGHT, DUTY, PRIVILEGE, OR INTEREST THAT IS DIFFERENT FROM THAT 24
980		-	HELD BY THE GENERAL PUBLIC AND MAY BE AD VERSELY AFFECTED BY THE 25
981		-	PROPOSED LEASE . 26
982		-
983		-	(III) THE DEPARTMENT MAY REQUIR E MEDIATION BETWEEN 27
984		-	THE PROTESTANT , THE APPLICANT , AND THE DEPARTMENT BEFORE TRA NSMITTING 28
985		-	THE PROTEST TO THE OFFICE OF ADMINISTRATIVE HEARINGS. 29
986		-
987		-	[(ii)] (IV) The protest shall be heard in accordance with the 30
988		-	requirements of the Administrative Procedure Act under Title 10, Subtitle 2 of the State 31
989		-	Government Article. 32
990		-	22 SENATE BILL 428
991		-
992		-
993		-	[(iii) The Department shall hold a public informational meeting on the 1
994		-	issuance of a lease on the request of any person. 2
995		-
996		-	(iv)] (V) Immediately after termination of the period [prescribed] 3
997		-	SPECIFIED in subparagraph (i) of this paragraph for filing a petition or after a final 4
998		-	decision dismissing a protest, the Department shall [survey the proposed leased area and] 5
999		-	issue a lease to the applicant. 6
1000		-
1001		-	(H) THE DEPARTMENT, IN CONSULTATION WITH THE AQUACULTURE 7
1002		-	COORDINATING COUNCIL, MAY CHARGE AN APPLIC ANT REASONABLE ADVER TISING 8
1003		-	AND SURVEY FEES . 9
1004		-
1005		-	4–11A–14. 10
1006		-
1007		-	(a) (1) Except as provided in paragraph (2) of this subsection, a leaseholder 11
1008		-	may cultivate or remove shellfish planted on [his] THE LEASEHOLDER ’S aquaculture or 12
1009		-	submerged land lease area in any manner [he deems] THE LEASEHOLDER CONS IDERS 13
1010		-	proper. 14
1011		-
1012		-	(2) A person may not use a hydraulic escalator dredge to harvest shellfish 15
1013		-	in the Atlantic Coastal Bays. 16
1014		-
1015		-	(b) (1) Each leaseholder shall keep accurate records concerning the seeding 17
1016		-	and planting of cultch and [oysters] SHELLFISH on[,] and the harvesting[,] and selling of 18
1017		-	[oysters] SHELLFISH from [his] THE LEASEHOLDER ’S aquaculture, submerged land, or 19
1018		-	demonstration lease area. 20
1019		-
1020		-	(2) Each leaseholder shall report this information to the Department 21
1021		-	ELECTRONICALLY OR on forms SPECIFIED BY the Department [prescribes]. 22
1022		-
1023		-	(c) (1) On or before January [1] 31 of each year, a leaseholder shall provide to 23
1024		-	the Department a report documenting the use of the lease during the prior year. 24
1025		-
1026		-	(2) A leaseholder shall provide to the Department any other report that the 25
1027		-	Department may require. 26
1028		-
1029		-	(3) Failure to file a report may result in termination of the lease. 27
1030		-
1031		-	(4) Failure to actively use a lease may result in termination of the lease. 28
1032		-
1033		-	SUBTITLE 21. AGRICULTURE LEASES ON DEPARTMENT LAND. 29
1034		-
1035		-	5–2101. 30
1036		-	SENATE BILL 428 23
1037		-
1038		-
1039		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
1040		-	INDICATED. 2
1041		-
1042		-	(B) “HEALTHY SOILS ” HAS THE MEANING STAT ED IN § 2–1901 OF THE 3
1043		-	AGRICULTURE ARTICLE. 4
1044		-
1045		-	(C) “REGENERATIVE PRACTICE S AND TRADITIONS ” HAS THE MEANING 5
1046		-	STATED IN § 2–1901 OF THE AGRICULTURE ARTICLE. 6
1047		-
1048		-	5–2102. 7
1049		-
1050		-	(A) THE DEPARTMENT MAY LEASE LAND OWNED OR MANAGE D BY THE 8
1051		-	DEPARTMENT TO A PERSO N IMPLEMENTING PRACT ICES THAT SUPPORT HEALTHY 9
1052		-	SOILS AND REGENERATI VE PRACTICES AND TRA DITIONS. 10
1053		-
1054		-	(B) (1) THE LEASE TERM MAY BE FOR A MINIMUM OF 10 YEARS. 11
1055		-
1056		-	(2) THE LEASE SHALL REQUI RE THE LESSEE TO COM PLY WITH ALL 12
1057		-	APPLICABLE STATE AND FEDERAL LAW S AND REGULATIONS . 13
1058		-
1059		-	(C) THE DEPARTMENT S HALL CONSULT WITH TH E DEPARTMENT OF 14
1060		-	AGRICULTURE ON THE DE VELOPMENT OF A TEMPL ATE FOR LEASES ENTER ED INTO 15
1061		-	UNDER THIS SECTION . 16
1062		-
1063		-	8–2B–02. 17
1064		-
1065		-	(a) There is a Whole Watershed Restoration Partnership. 18
1066		-
1067		-	(b) The purpose of the Partnership is to accelerate restoration of the Chesapeake 19
1068		-	and Atlantic Coastal Bays and their watersheds by equitably focusing assistance on actions 20
1069		-	and areas that are: 21
1070		-
1071		-	(1) Cost–effective; 22
1072		-
1073		-	(2) Likely to demonstrate a rapid systemic response to restoration activity, 23
1074		-	including rapid de–listing of impaired streams identified under § 303(d) of the federal Clean 24
1075		-	Water Act; and 25
1076		-
1077		-	(3) Supported by the local government. 26
1078		-
1079		-	(c) (1) The Secretary shall establish a State management team to administer 27
1080		-	the Partnership. 28
1081		-
1082		-	(2) The State management team shall include: 29
1083		-	24 SENATE BILL 428
1084		-
1085		-
1086		-	(i) One representative of the Department, designated by the 1
1087		-	Secretary; 2
1088		-
1089		-	(ii) One representative of the Department of the Environment, 3
1090		-	designated by the Secretary of the Environment; 4
1091		-
1092		-	(iii) One representative of the Department of Agriculture, designated 5
1093		-	by the Secretary of Agriculture; 6
1094		-
1095		-	(iv) One representative of the Department of Planning, designated 7
1096		-	by the Secretary of Planning; 8
1097		-
1098		-	(v) One representative of the Critical Area Commission for the 9
1099		-	Chesapeake and Atlantic Coastal Bays, designated by the chair of the Commission; and 10
1100		-
1101		-	(vi) The Chief Resilience Officer, or the Chief Resilience Officer’s 11
1102		-	designee. 12
1103		-
1104		-	(3) The representative of the Department shall chair the State 13
1105		-	management team. 14
1106		-
1107		-	(4) The State management team shall coordinate with other entities, 15
1108		-	including the U.S. Army Corps of Engineers and the U.S. Environmental Protection 16
1109		-	Agency, as necessary to carry out its functions and duties under this subtitle. 17
1110		-
1111		-	(d) (1) The Partnership shall employ staff in accordance with the State budget. 18
1112		-
1113		-	(2) State agencies may provide staff or other assistance to the Partnership. 19
1114		-
1115		-	(e) On or before October 1, 2024, and every 5 years thereafter, the State 20
1116		-	management team shall issue a request for proposals for projects that: 21
1117		-
1118		-	(1) Occur within a single Maryland 8–Digit Watershed as identified in the 22
1119		-	statewide digital watershed file maintained by the Department of Information Technology; 23
1120		-
1121		-	(2) Include a strategy describing the partners, actions, and benefits that 24
1122		-	the project will incorporate over a 5–year period; 25
1123		-
1124		-	(3) Provide at least five of the benefits specified under subsection (f)(2)(viii) 26
1125		-	of this section; and 27
1126		-
1127		-	(4) Are endorsed by each county and municipal corporation in which the 28
1128		-	project will occur. 29
1129		-
1130		-	(f) (1) Subject to paragraph (3) of this subsection, on or before March 1, 2025, 30
1131		-	and every 5 years thereafter, the State management team may approve up to five projects 31
1132		-	to receive assistance under this section. 32 SENATE BILL 428 25
	1176	+	[(g)] (H) For a period of 5 years after approving a project, the State management 31
	1177	+	team shall: 32 26 SENATE BILL 428
1133	1178
1134	1179
1135	1180
1136		-	(2) The ~~State management team shall evaluate a proposed~~ project ~~based~~ 1
1137		-	~~on whether~~ the ~~proposed~~ project: 2
	1181	+	(1) Assist the project sponsor in developing an implementation and 1
	1182	+	financing plan, including measurable outcomes, for the duration of the project; 2
1138	1183
1139		-	(i) ~~Is located in a watershed in which habitat restoration~~ and 3
1140		-	~~pollution reduction will~~: 4
	1184	+	(2) Award implementation grants from the Fund and other appropriate 3
	1185	+	State funds and accounts: 4
1141	1186
1142		-	1. Result in the greatest improvements to shallow water 5
1143		-	habitat and living resources; 6
	1187	+	(i) For up to 50% of project costs; 5
1144	1188
1145		-	2. Achieve rapid de–listing of impaired streams identified 7
1146		-	under § 303(d) of the federal Clean Water Act and published in the Department of the 8
1147		-	Environment’s Triennial Review of Water Quality Standards; or 9
	1189	+	(ii) In accordance with the implementation and financing plan 6
	1190	+	developed under item (1) of this subsection; and 7
1148	1191
1149		-	~~3. Generate rapidly improving conditions in~~ the ~~local 10~~
1150		-	~~ecosystem~~; 11
	1192	+	(iii) With consideration given to the progress of the project as 8
	1193	+	documented in the report required under subsection [(i)(2)] (J)(2) of this section; 9
1151	1194
1152		-	(ii) ~~Emphasizes actions that are expected~~ to ~~provide~~ the ~~greatest, 12~~
1153		-	~~most cost~~–~~effective, and measurable amount~~ of ~~pollution reduction~~; 13
	1195	+	(3) Award operations grants to the project sponsor for project 10
	1196	+	administration costs in accordance with § 8–2A–02(f)(5) of this title; 11
1154	1197
1155		-	(iii) Supports land use policies, conservation programs, and 14
1156		-	restoration protocols at the local level that will sustain project actions and outcomes; 15
	1198	+	(4) Provide for coordinated and transparent State permitting to the extent 12
	1199	+	allowed by State and federal law, including the use of the permit tracking dashboard 13
	1200	+	established by the Secretary under subsection [(k)] (L) of this section; 14
1157	1201
1158		-	(iv) ~~Has documented interest from a group of affected property 16~~
1159		-	~~owners to allow restoration or conservation actions on their property~~; 17
	1202	+	(5) Provide funding to the project sponsor to support water quality 15
	1203	+	monitoring at the project site; and 16
1160	1204
1161		-	(v) Minimizes the loss of trees and other natural habitats; 18
	1205	+	(6) Meet with the project sponsor and participating local governments at 17
	1206	+	least six times each calendar year to review and facilitate progress on the project. 18
1162	1207
1163		-	(vi) ~~Demonstrates~~ opportunities ~~to implement actions that reduce~~ 19
1164		-	~~environmental disparities experienced~~ by ~~overburdened or underserved communities;~~ 20
	1208	+	[(h)] (I) A project sponsor shall provide opportunities for community 19
	1209	+	engagement for the duration of the project by including: 20
1165	1210
1166		-	(~~vii~~) ~~Demonstrates opportunities to foster innovation in restoration~~ 21
1167		-	~~science or practices~~; 22
	1211	+	(1) At least four community meetings that include representation from 21
	1212	+	each local government endorsing the project; and 22
1168	1213
1169		-	(~~viii~~) ~~In addition to land–based habitat restoration and water quality~~ 23
1170		-	~~improvement, anticipates benefits related to:~~ 24
	1214	+	(2) An opportunity for public comment on the preliminary design of each 23
	1215	+	major or large–scale action proposed by the project. 24
1171	1216
1172		-	1. The creation or restoration of wildlife habitat, riparian 25
1173		-	buffers, and wetland restoration; 26
	1217	+	[(i)] (J) (1) A project sponsor shall identify appropriate metrics to track 25
	1218	+	progress on meeting the outcomes identified in the project’s implementation and financing 26
	1219	+	plan. 27
1174	1220
1175		-	2. The ~~restoration~~ of ~~aquatic resources,~~ ~~such as freshwater 27~~
1176		-	~~mussels, fish passage,~~ ~~or oyster reefs;~~ 28
	1221	+	(2) (i) A project sponsor shall report on the progress of the project at 28
	1222	+	the intervals and in the format required by the State management team. 29
1177	1223
1178		-	~~3. Carbon sequestration;~~ 29
	1224	+	(ii) A report under this paragraph shall include information on: 30
1179	1225
1180		-	4. Climate change mitigation, adaptation, or resilience; 30
1181		-	26 SENATE BILL 428
1182		-
1183		-
1184		-	5. Local employment opportunities; 1
1185		-
1186		-	6. Improving and protecting public health; and 2
1187		-
1188		-	7. Recreational opportunities and public access to waterways 3
1189		-	and natural habitats; and 4
1190		-
1191		-	(ix) Creates partnership opportunities among nonprofit and 5
1192		-	for–profit organizations, community organizations, all levels of government, and scientists. 6
1193		-
1194		-	(3) The State management team shall: 7
1195		-
1196		-	(i) Work to ensure that the projects approved include: 8
1197		-
1198		-	1. One project located in a predominantly urban area; 9
1199		-
1200		-	2. One project located in a predominantly suburban area; 10
1201		-
1202		-	3. Two projects primarily focused on reducing pollution in a 11
1203		-	predominantly agricultural area; and 12
1204		-
1205		-	4. One project that incorporates collaborative efforts with an 13
1206		-	adjoining state; and 14
1207		-
1208		-	(ii) Ensure that at least two approved projects are located in and 15
1209		-	provide benefits to an overburdened or underserved community. 16
1210		-
1211		-	(4) The State management team may require siting, design, construction, 17
1212		-	maintenance, and operation principles and standards for a project that are in addition to 18
1213		-	those required by law or regulation if the team determines that those principles and 19
1214		-	standards are necessary to preserve the benefits of the project. 20
1215		-
1216		-	(G) (1) AS SOON AS POSSIBLE A FTER APPROVING A PRO JECT UNDER THIS 21
1217		-	SECTION, THE STATE MANAGEMENT TEAM AND THE PROJECT SPON SOR SHALL MEET 22
1218		-	TO DEVELOP A PLAN FO R PERMITTING THE PRO JECT, INCLUDING IDENTIFYING ALL : 23
1219		-
1220		-	(I) REQUIRED STATE AND FEDERAL PER MITS; 24
1221		-
1222		-	(II) SUPPORTING DOCUMENTAT ION THAT MUST BE SUB MITTED 25
1223		-	WITH EACH PERMIT APP LICATION; 26
1224		-
1225		-	(III) TIME FRAMES FOR SUBMI TTING THE PERMITS AN D 27
1226		-	SUPPORTING DOCUMENTA TION; AND 28
1227		-
1228		-	(IV) POINTS OF CONTACT WITHIN EACH RELEVANT AGENCY FOR 29
1229		-	EACH OF THE PERMITS . 30 SENATE BILL 428 27
	1226	+	1. Community engagement efforts; 31 SENATE BILL 428 27
1230	1227
1231	1228
1232	1229
1233		-	(2) TO EXPEDITE THE PERMI TTING PROCESS TO THE EXTENT 1
1234		-	ALLOWED BY STATE AND FEDERAL LAW , THE STATE MANAGEMENT TEAM AND 2
1235		-	PROJECT SPONSOR SHAL L: 3
	1230	+	2. Restoration and conservation actions initiated and 1
	1231	+	completed; 2
1236	1232
1237		-	(I) INVITE ALL RELEVANT STATE AND FEDERAL AGE NCIES, 4
1238		-	INCLUDING THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE U.S. ARMY 5
1239		-	CORPS OF ENGINEERS, AND THE NATIONAL MARINE FISHERIES SERVICE, TO THE 6
1240		-	MEETING REQUIRED UND ER PARAGRAPH (1) OF THIS SUBSECTION ; AND 7
	1233	+	3. Trees affected and trees at immediate or future risk of 3
	1234	+	impact due to restoration actions; 4
1241	1235
1242		-	(II) COORDINATE WITH EACH AGENCY TO DEVELOP TH E PLAN 8
1243		-	FOR PERMITTING THE P ROJECT, INCLUDING TIME FRAME S AND REQUIREMENTS 9
1244		-	FOR EACH APPLICATION . 10
	1236	+	4. Funding from all sources that was solicited, awarded, or 5
	1237	+	spent; and 6
1245	1238
1246		-	[(g)] (H) For a period of 5 years after approving a project, the State management 11
1247		-	team shall: 12
	1239	+	5. The progress made toward meeting the outcomes 7
	1240	+	identified in the project’s implementation and financing plan, including the metrics used 8
	1241	+	for tracking progress under paragraph (1) of this subsection. 9
1248	1242
1249		-	(1) ~~Assist the~~ project sponsor ~~in developing an implementation and 13~~
1250		-	~~financing plan,~~ ~~including measurable outcomes,~~ for ~~the duration of the project;~~ 14
	1243	+	(3) The State management team may require a project sponsor to perform 10
	1244	+	and report on water quality monitoring for more than 5 years. 11
1251	1245
1252		-	(2) Award implementation grants from the Fund and other appropriate 15
1253		-	State funds and accounts: 16
	1246	+	[(j)] (K) On or before November 1, 2025, and each November 1 thereafter, the 12
	1247	+	State management team shall report to the General Assembly, in accordance with § 2–1257 13
	1248	+	of the State Government Article, on the status of each approved project. 14
1254	1249
1255		-	(i) For up to 50% of project costs; 17
	1250	+	[(k)] (L) (1) The Secretary shall establish a permit tracking dashboard that 15
	1251	+	provides [publicly]: 16
1256	1252
1257		-	(ii) ~~In accordance with~~ the ~~implementation~~ and ~~financing plan 18~~
1258		-	~~developed under item (1) of this subsection~~; and 19
	1253	+	(I) PUBLICLY available information on the permit schedules and 17
	1254	+	requirements for actions that require a State OR FEDERAL permit; AND 18
1259	1255
1260		-	(~~iii~~) ~~With consideration given to~~ the ~~progress~~ of ~~the project as 20~~
1261		-	~~documented in the report required under subsection [(i)(2)] (J)(2) of this section; 21~~
	1256	+	(II) THE PLAN REQUIRED UND ER SUBSECTION (G) OF THIS 19
	1257	+	SECTION REDACTED TO PROTECT ANY CONFIDENTIAL INF ORMATION. 20
1262	1258
1263		-	(3) Award operations grants to the project sponsor for project 22
1264		-	administration costs in accordance with § 8–2A–02(f)(5) of this title; 23
	1259	+	(2) A PROJECT SPONSOR SHAL L PROVIDE QUARTERLY UPDATES TO 21
	1260	+	THE STATE MANAGEMENT TEAM WITH THE INFORMATION NECESSAR Y FOR THE 22
	1261	+	PERMIT TRACKING DASH BOARD, INCLUDING THE STATUS OF ALL REQUIRED STATE 23
	1262	+	AND FEDERAL PERMITS . 24
1265	1263
1266		-	(4) Provide for coordinated and transparent State permitting to the extent 24
1267		-	allowed by State and federal law, including the use of the permit tracking dashboard 25
1268		-	established by the Secretary under subsection [(k)] (L) of this section; 26
	1264	+	(3) The permit tracking dashboard shall be made available to the public on 25
	1265	+	the Department’s website. 26
1269	1266
1270		-	~~(5) Provide funding to~~ the ~~project sponsor to support water quality~~ 27
1271		-	~~monitoring at~~ the ~~project site; and~~ 28
	1267	+	SECTION 3. AND BE IT FURTHER ENACTED, That, by December 31, 2025, the 27
	1268	+	Department of the Environment shall: 28
1272	1269
1273		-	(6) Meet with the project sponsor and participating local governments at 29
1274		-	least six times each calendar year to review and facilitate progress on the project. 30
1275		-
1276		-	[(h)] (I) A project sponsor shall provide opportunities for community 31
1277		-	engagement for the duration of the project by including: 32 28 SENATE BILL 428
	1270	+	(1) authorize oyster restoration projects funded in whole or in part by 29
	1271	+	federal, State, or local governments to be eligible to generate water quality trading credits; 30
	1272	+	and 31
	1273	+	28 SENATE BILL 428
1278	1274
1279	1275
	1276	+	(2) develop a process for certifying water quality trading credits generated 1
	1277	+	by oyster restoration projects. 2
1280	1278
1281		-	(1) At least four community meetings that include representation from 1
1282		-	each local government endorsing the project; and 2
	1279	+	SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of Chapters 558 and 3
	1280	+	559 of the Acts of the General Assembly of 2024 may not be construed to apply to permit or 4
	1281	+	license applications submitted to the Department of the Environment before July 1, 2025. 5
1283	1282
1284		-	(2) An opportunity for public comment on the preliminary design of each 3
1285		-	major or large–scale action proposed by the project. 4
	1283	+	SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
	1284	+	1, 2025. Section 1 of this Act shall remain effective for a period of 5 years and, at the end of 7
	1285	+	June 30, 2030, Section 1 of this Act, with no further action required by the General 8
	1286	+	Assembly, shall be abrogated and of no further force and effect. 9
1286	1287
1287		-	[(i)] (J) (1) A project sponsor shall identify appropriate metrics to track 5
1288		-	progress on meeting the outcomes identified in the project’s implementation and financing 6
1289		-	plan. 7
1290		-
1291		-	(2) (i) A project sponsor shall report on the progress of the project at 8
1292		-	the intervals and in the format required by the State management team. 9
1293		-
1294		-	(ii) A report under this paragraph shall include information on: 10
1295		-
1296		-	1. Community engagement efforts; 11
1297		-
1298		-	2. Restoration and conservation actions initiated and 12
1299		-	completed; 13
1300		-
1301		-	3. Trees affected and trees at immediate or future risk of 14
1302		-	impact due to restoration actions; 15
1303		-
1304		-	4. Funding from all sources that was solicited, awarded, or 16
1305		-	spent; and 17
1306		-
1307		-	5. The progress made toward meeting the outcomes 18
1308		-	identified in the project’s implementation and financing plan, including the metrics used 19
1309		-	for tracking progress under paragraph (1) of this subsection. 20
1310		-
1311		-	(3) The State management team may require a project sponsor to perform 21
1312		-	and report on water quality monitoring for more than 5 years. 22
1313		-
1314		-	[(j)] (K) On or before November 1, 2025, and each November 1 thereafter, the 23
1315		-	State management team shall report to the General Assembly, in accordance with § 2–1257 24
1316		-	of the State Government Article, on the status of each approved project. 25
1317		-
1318		-	[(k)] (L) (1) The Secretary shall establish a permit tracking dashboard that 26
1319		-	provides [publicly]: 27
1320		-
1321		-	(I) PUBLICLY available information on the permit schedules and 28
1322		-	requirements for actions that require a State OR FEDERAL permit; AND 29
1323		-
1324		-	(II) THE PLAN REQUIRED UND ER SUBSECTION (G) OF THIS 30
1325		-	SECTION REDACTED TO PROTECT ANY CONFIDEN TIAL INFORMATION . 31 SENATE BILL 428 29
1326		-
1327		-
1328		-
1329		-	(2) A PROJECT SPONSOR SHAL L PROVIDE QUARTERLY UPDATES TO 1
1330		-	THE STATE MANAGEMENT TEAM WITH THE INFORMATION NECESSARY FOR THE 2
1331		-	PERMIT TRACKING DASH BOARD, INCLUDING THE STATUS OF ALL REQUIRED STATE 3
1332		-	AND FEDERAL PERMITS . 4
1333		-
1334		-	(3) The permit tracking dashboard shall be made available to the public on 5
1335		-	the Department’s website. 6
1336		-
1337		-	SECTION 3. AND BE IT FURTHER ENACTED, That, by December 31, 2025, the 7
1338		-	Department of the Environment shall: 8
1339		-
1340		-	(1) authorize oyster restoration projects funded in whole or in part by 9
1341		-	federal, State, or local governments to be eligible to generate water quality trading credits; 10
1342		-	and 11
1343		-
1344		-	(2) develop a process for certifying water quality trading credits generated 12
1345		-	by oyster restoration projects. 13
1346		-
1347		-	SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of Chapters 558 and 14
1348		-	559 of the Acts of the General Assembly of 2024 may not be construed to apply to permit or 15
1349		-	license applications submitted to the Department of the Environment before July 1, 2025. 16
1350		-
1351		-	SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1352		-	1, 2025. Section 1 of this Act shall remain effective for a period of 5 years and, at the end of 18
1353		-	June 30, 2030, Section 1 of this Act, with no further action required by the General 19
1354		-	Assembly, shall be abrogated and of no further force and effect. 20
1355		-
1356		-
1357		-
1358		-
1359		-	Approved:
1360		-	________________________________________________________________________________
1361		-	Governor.
1362		-	________________________________________________________________________________
1363		-	President of the Senate.
1364		-	________________________________________________________________________________
1365		-	Speaker of the House of Delegates.