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It was an extremely busy and productive 446th Legislative Session of the 2024 Maryland General Assembly. With more than 3,480 bills introduced, the legislature continued with pursuing policies addressing climate change and resiliency challenges; environmental and natural resource protections and their program enhancements; including measures addressing environmental justice, equity, and underserved communities.
The Chapter Legislative Committee monitored some 80 pieces of legislation aligning with ASLA policies and those State programs benefitting the landscape architecture profession. The following listing represent legislative bills passed by the legislature and as of May 23 signed into law by Governor Moore.
Please note that House Bill 1515, which failed, would have extended the Sales and Use Tax on professional services which the MD Chapter opposes. The Legislative Committee will be sending out additional information in the forthcoming weeks regarding future Chapter activities on this issue as it is anticipated that a sales tax on professional services will be reintroduced in the 2025 legislative session.
HB1515 (Failed) Sales and Use Tax - Rate Reduction and Services
For more detail of enacted bills use the Chapter law links provided.
SB361 Capital Projects Bill
Authorizing the creation of a State Debt in the amount of $1,845,046,000, the proceeds to be used for certain necessary building, construction, demolition, planning, renovation, conversion, replacement, and capital equipment purchases of the State, for acquiring certain real estate in connection therewith, and for grants to certain subdivisions and other organizations for certain development and improvement purposes, subject to certain matching fund requirements; etc.
Click here to download an abbreviated summary of Capital Projects Statewide.
Maryland Paint Stewardship
Establishes the Paint Stewardship Program to requiring paint producers to collect, recycle, reuse, and for the disposal of leftover house paint.
Chesapeake and Atlantic Coastal Bays Critical Area Protection Program – Climate, Equity, and Administrative Provisions
Modifies the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program to incorporate climate resilience, environmental justice, and equity measures and extends the requirement that local Critical Area maps be updated in this regard.
Housing and Community Development – Just Community Designation
The Governor, on the recommendation of the Secretary of Housing and Community Development, may designate an area as a Just Community if the Secretary demonstrates that past and current trends in homeownership, property values, commercial and residential vacancy, and business or housing investment show a need for reinvestment in the area.
Historical and Cultural Museum Assistance
Authorizing the Governor to include in the annual budget bill an appropriation of $5.0 million to the Maryland Historical Trust (MHT) to annually fund grants under the Historical and Cultural Museum Assistance Program beginning in fiscal 2025.
Clean Water Justice Act of 2024 https://mgaleg.maryland.gov/2024RS/chapters_noln/Ch_535_hb1101E.pdf
Community groups and residents that meet the threshold standing requirements under federal law, will have the right to go to court to enforce state law and regulations.
Protecting State Waters From PFAS Pollution Act https://mgaleg.maryland.gov/2024RS/chapters_noln/Ch_556_hb1153E.pdf
Establishes that the discharge limit for “PFAS chemicals” in any water, including stormwater, discharged from any “significant industrial user” is 4 parts per trillion.
Poly-fluoro-alkyl substances (PFAS) are a class of chemicals used in numerous industrial processes that are known to cause various cancers in humans and accumulate throughout the food chain through exposed aquatic and marine organisms.
Chesapeake and Atlantic Coastal Bays Critical Area Program – Enforcement https://mgaleg.maryland.gov/2024RS/chapters_noln/Ch_80_sb0268T.pdf
Alters the enforcement and after the fact application approval procedures required as minimum elements of a local jurisdiction’s Chesapeake and Atlantic Coastal Bays Critical Area Program to apply to all Critical Area violations by clarifying Program’s 2008 enforcement provision are not solely administrative and penalties are not exclusively administrative, civil, or criminal. The law eliminates the 30-day response period for enforcement, while clarifying the conditions under which the Attorney General may bring enforcement action.
Public Utilities – Thermal Energy Network Systems – Authorization and Establishment (Working for Accessible Renewable Maryland Thermal Heat (WARMTH) Act)
Law authorizes the establishment of pilot projects for networked geothermal energy production which would benefit multi housing projects. Providing that an electric company, a gas company, or a water company to own, manage, and recover costs associated with a thermal energy network system, subject to Public Service Commission (PSC) approval and other specified requirements.
Business Facade Improvement Program
Expanding eligibility for funding under the Business Facade Improvement Program in the Department of Housing and Community Development (DHCD) to include community development organizations that serve at least one sustainable community and apply for the funds.
Maryland Community Investment Corporation - Establishment (Housing and Community Development Financing Act of 2024)
Establishes the Maryland Community Investment Corporation as an independent unit to make investments in low-income communities throughout the State. Expands the eligible uses pf the Strategic Demolition and Smart Growth Impact Funds for economic revitalization and sustainable development in underserved areas.
Seed Community Development Anchor Institution Fund
Seed Community Development Anchor Institution Fund will increase the flexibility in which arms of an anchor institution can apply for and use the fund. Eliminating the mandate of private matching funds further increases flexibility for where the anchor fund can be used. This will allow blighted areas that lack private funding, and are intended to benefit from the fund, to receive anchor institution funding. The statute now enables the use of the fund by anchor institutions in state-designated sustainable communities, which expands the eligible areas for investment substantially by lowering the threshold from “blighted” to areas in decline.
Watershed, Stream, and Floodplain Restoration - Chesapeake and Atlantic Coastal Bays Restoration and Stream and Floodplain Restoration Funding (Whole Watershed Act)
Establishes the Whole Watershed Restoration Partnership to accelerate restoration of the Chesapeake and Atlantic Coastal Bays and their watersheds. The partnership will provide grants and technical assistance totally $20 million over five years to eligible projects. The grants will be targeted in five Chesapeake tributaries to improve fish and wildlife habitat by reducing pollution runoff.
Forest Conservation Act – Modifications
Delays the effective date of the 2023 Forest Conservation Act (Chapter 541 and 542) relating to forest preservation and retention from July 2024 until July 2026. The law provides an exemption from the Forest Conservation Act afforestation requirements for specified solar photovoltaic facilities and provides local governments to continue with related forest mitigation banking.
Environment - Greenhouse Gas Emissions Reductions – Manufacturers
Making State GHG emissions reduction requirements apply to the production of cement by altering the definition of “manufacturing” for purposes of the GGRA.
Transportation – Vision Zero – Implementation https://mgaleg.maryland.gov/2024RS/chapters_noln/Ch_603_sb0345E.pdf
Expands the responsibilities of the Vision Zero coordinator within MDOT to (1) identify strategies to achieve Vision Zero goals by 2030; (2) analyze SHA infrastructure reviews after traffic fatalities; and (3) advise the Governor and State and local agencies on the implementation of Vision Zero and associated policies and
Biodiversity and Agricultural Protection Act
Biodiversity and Agriculture Protection Act streamlines invasive plants’ regulation and create a process that will result in more harmful invasive plants being identified in the State and will increase the number of Tier 1 species that are prohibited in Maryland.
Comprehensive Flood Management Grant Program - Funding for Underserved and Overburdened Communities
Will require the Governor to include in the annual State budget an appropriation for the Comprehensive Flood Management Grant Program of at least $20 million starting in FY 26. This integrates environmental justice considerations by establishing that at least 40% of funding provided under the comprehensive flood management grant program shall be used for projects located in or directly benefiting underserved or overburdened communities.
Department of General Services - State Buildings and Facilities - Energy Conservation and Greenhouse Gas Emissions Reductions
Chapter 289 of 2020 codified Executive Order 01.01.2019.08, which required the State to reduce energy consumption in State-owned buildings by 10% by 2029 compared with a fiscal 2018baseline. Executive Order 01.01.2023.07 rescinds the 2019 executive order and instead requires by statue that the State to reduce energy consumption in State-owned buildings by 20% by 2031, compared with the fiscal 2018 baseline.
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