§ 8-2B-02

Maryland § 8-2B-02

• Jurisdiction: Maryland
• Article gnr: Natural Resources
• Title: 8

Text

(a) There is a Whole Watershed Restoration Partnership.

(b) The purpose of the Partnership is to accelerate restoration of the Chesapeake and Atlantic Coastal Bays and their watersheds by equitably focusing assistance on actions and areas that are:

(1) Cost–effective;

(2) Likely to demonstrate a rapid systemic response to restoration activity, including rapid de–listing of impaired streams identified under § 303(d) of the federal Clean Water Act; and

(3) Supported by the local government.

(c) (1) The Secretary shall establish a State management team to administer the Partnership.

(2) The State management team shall include:

(i) One representative of the Department, designated by the Secretary;

(ii) One representative of the Department of the Environment, designated by the Secretary of the Environment;

(iii) One representative of the Department of Agriculture, designated by the Secretary of Agriculture;

(iv) One representative of the Department of Planning, designated by the Secretary of Planning;

(v) One representative of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, designated by the chair of the Commission; and

(vi) The Chief Resilience Officer, or the Chief Resilience Officer’s designee.

(3) The representative of the Department shall chair the State management team.

(4) The State management team shall coordinate with other entities, including the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency, as necessary to carry out its functions and duties under this subtitle.

(d) (1) The Partnership shall employ staff in accordance with the State budget.

(2) State agencies may provide staff or other assistance to the Partnership.

(e) On or before October 1, 2024, and every 5 years thereafter, the State management team shall issue a request for proposals for projects that:

(1) Occur within a single Maryland 8–Digit Watershed as identified in the statewide digital watershed file maintained by the Department of Information Technology;

(2) Include a strategy describing the partners, actions, and benefits that the project will incorporate over a 5–year period;

(3) Provide at least five of the benefits specified under subsection (f)(2)(viii) of this section; and

(4) Are endorsed by each county and municipal corporation in which the project will occur.

(f) (1) Subject to paragraph (3) of this subsection, on or before March 1, 2025, and every 5 years thereafter, the State management team may approve up to five projects to receive assistance under this section.

(2) The State management team shall evaluate a proposed project based on whether the proposed project:

(i) Is located in a watershed in which habitat restoration and pollution reduction will:

1. Result in the greatest improvements to shallow water habitat and living resources;

2. Achieve rapid de–listing of impaired streams identified under § 303(d) of the federal Clean Water Act and published in the Department of the Environment’s Triennial Review of Water Quality Standards; or

3. Generate rapidly improving conditions in the local ecosystem;

(ii) Emphasizes actions that are expected to provide the greatest, most cost–effective, and measurable amount of pollution reduction;

(iii) Supports land use policies, conservation programs, and restoration protocols at the local level that will sustain project actions and outcomes;

(iv) Has documented interest from a group of affected property owners to allow restoration or conservation actions on their property;

(v) Minimizes the loss of trees and other natural habitats;

(vi) Demonstrates opportunities to implement actions that reduce environmental disparities experienced by overburdened or underserved communities;

(vii) Demonstrates opportunities to foster innovation in restoration science or practices;

(viii) In addition to land–based habitat restoration and water quality improvement, anticipates benefits related to:

1. The creation or restoration of wildlife habitat, riparian buffers, and wetland restoration;

2. The restoration of aquatic resources, such as freshwater mussels, fish passage, or oyster reefs;

3. Carbon sequestration;

4. Climate change mitigation, adaptation, or resilience;

5. Local employment opportunities;

6. Improving and protecting public health; and

7. Recreational opportunities and public access to waterways and natural habitats; and

(ix) Creates partnership opportunities among nonprofit and for–profit organizations, community organizations, all levels of government, and scientists.

(3) The State management team shall:

(i) Work to ensure that the projects approved include:

1. One project located in a predominantly urban area;

2. One project located in a predominantly suburban area;

3. Two projects primarily focused on reducing pollution in a predominantly agricultural area; and

4. One project that incorporates collaborative efforts with an adjoining state; and

(ii) Ensure that at least two approved projects are located in and provide benefits to an overburdened or underserved community.

(4) The State management team may require siting, design, construction, maintenance, and operation principles and standards for a project that are in addition to those required by law or regulation if the team determines that those principles and standards are necessary to preserve the benefits of the project.

(g) (1) As soon as possible after approving a project under this section, the State management team and the project sponsor shall meet to develop a plan for permitting the project, including identifying all:

(i) Required State and federal permits;

(ii) Supporting documentation that must be submitted with each permit application;

(iii) Time frames for submitting the permits and supporting documentation; and

(iv) Points of contact within each relevant agency for each of the permits.

(2) To expedite the permitting process to the extent allowed by State and federal law, the State management team and project sponsor shall:

(i) Invite all relevant State and federal agencies, including the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the National Marine Fisheries Service, to the meeting required under paragraph (1) of this subsection; and

(ii) Coordinate with each agency to develop the plan for permitting the project, including time frames and requirements for each application.

(h) For a period of 5 years after approving a project, the State management team shall:

(1) Assist the project sponsor in developing an implementation and financing plan, including measurable outcomes, for the duration of the project;

(2) Award implementation grants from the Fund and other appropriate State funds and accounts:

(i) For up to 50% of project costs;

(ii) In accordance with the implementation and financing plan developed under item (1) of this subsection; and

(iii) With consideration given to the progress of the project as documented in the report required under subsection (j)(2) of this section;

(3) Award operations grants to the project sponsor for project administration costs in accordance with § 8–2A–02(f)(5) of this title;

(4) Provide for coordinated and transparent State permitting to the extent allowed by State and federal law, including the use of the permit tracking dashboard established by the Secretary under subsection (l) of this section;

(5) Provide funding to the project sponsor to support water quality monitoring at the project site; and

(6) Meet with the project sponsor and participating local governments at least six times each calendar year to review and facilitate progress on the project.

(i) A project sponsor shall provide opportunities for community engagement for the duration of the project by including:

(1) At least four community meetings that include representation from each local government endorsing the project; and

(2) An opportunity for public comment on the preliminary design of each major or large–scale action proposed by the project.

(j) (1) A project sponsor shall identify appropriate metrics to track progress on meeting the outcomes identified in the project’s implementation and financing plan.

(2) (i) A project sponsor shall report on the progress of the project at the intervals and in the format required by the State management team.

(ii) A report under this paragraph shall include information on:

1. Community engagement efforts;

2. Restoration and conservation actions initiated and completed;

3. Trees affected and trees at immediate or future risk of impact due to restoration actions;

4. Funding from all sources that was solicited, awarded, or spent; and

5. The progress made toward meeting the outcomes identified in the project’s implementation and financing plan, including the metrics used for tracking progress under paragraph (1) of this subsection.

(3) The State management team may require a project sponsor to perform and report on water quality monitoring for more than 5 years.

(k) On or before November 1, 2025, and each November 1 thereafter, the State management team shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of each approved project.

(l) (1) The Secretary shall establish a permit tracking dashboard that provides:

(i) Publicly available information on the permit schedules and requirements for actions that require a State or federal permit; and

(ii) The plan required under subsection (g) of this section redacted to protect any confidential information.

(2) A project sponsor shall provide quarterly updates to the State management team with the information necessary for the permit tracking dashboard, including the status of all required State and federal permits.

(3) The permit tracking dashboard shall be made available to the public on the Department’s website.