(a) In this subtitle the following words have the meanings indicated. (b) "Aggregator" means a person that facilitates or coordinates the establishment of practices or projects that: (1) Are implemented by the person or by others; (2) Produce a quantifiable environmental outcome; (3) Are registered by the person; and (4) Are made available for purchase by the State. (c) "BayStat Program" means the program established under § 8-2A-03 of this subtitle. (d) "Environmental outcome" means a commodity that is modeled or directly measured as a single, quantifiable, and certified unit of improvement to the environment, including a nutrient or carbon benefit. (e) "Evaluator" means a person other than an aggregator that determines whether environmental outcomes have been achieved based on defined performance measures. (f) (1) "Nonpoint source pollution control project" means a project to improve water quality by a reduction of nitrogen, phosphorus, or sediment pollution. (2) "Nonpoint source pollution control project" includes: (i) An agricultural best management implementation practice, including cover crops, riparian forested buffer, manure processing, grassed waterways, animal waste storage structures, and livestock fencing; (ii) An urban or suburban stormwater practice; (iii) A sustainable forest management practice, including a forest stewardship plan or a nonornamental urban and suburban tree planting project; (iv) Stream and wetland restoration; (v) Riparian buffer planting; (vi) A project that demonstrates the effectiveness of an innovative nonpoint source pollution reduction measure provided that the measure is capable of integration into existing nonpoint source pollution programs; (vii) Technical assistance necessary to implement a nonpoint source pollution control project; (viii) Improvement of a municipal park located on or adjacent to a waterway, provided that the improvement is limited to state-of-the-art and sustainable nonpoint source pollution control measures that demonstrably improve water quality by reducing nitrogen, phosphorus, and sediment pollution; and (ix) Strategic monitoring of water quality improvements from nonpoint source pollution control projects that have been funded, in whole or in part, with grants from the Trust Fund. (g) "Quantification plan" means a plan in which an aggregator describes: (1) The method that will be used to measure or model environmental outcomes and co-benefits; (2) The compliance monitoring that will occur to ensure that the proposed actions are taken and maintained over the life of the project; (3) Verification steps that will be carried out by the State or an evaluator to confirm model results or accurate measurement of environmental outcomes; and (4) The timeline for proposed payments under a contract with the State. (h) "Trust Fund" means the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund. (i) "Watershed implementation plan" means a plan to achieve the nutrient and sediment limits required under the Chesapeake Bay total maximum daily load. §8-2A-02. IN EFFECT (a) There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund. (b) The purpose of the Trust Fund is to provide financial assistance necessary to advance Maryland's progress in meeting the goals established in the 2014 Chesapeake Bay Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries, including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and their tributaries, by focusing limited financial resources on nonpoint source pollution control projects in all regions of the State. (c) The Secretary shall administer the Trust Fund. (d) (1) The Trust Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article. (2) The Treasurer shall hold the Trust Fund separately, and the Comptroller shall account for the Trust Fund. (e) The Trust Fund consists of: (1) Money appropriated in the State budget for the Trust Fund; (2) Money distributed to the Trust Fund under §§ 2-1104 and 2- 1302.1 of the Tax - General Article; and (3) Any other money from any other source accepted for the benefit of the Trust Fund. (f) (1) The Trust Fund may be used only for the implementation of nonpoint source pollution control projects to: (i) Support State and local watershed implementation plans by targeting limited financial resources on the most effective nonpoint source pollution control projects; and (ii) Improve the health of the Atlantic Coastal Bays and their tributaries. (2) It is the intent of the General Assembly that, when possible, money in the Trust Fund shall be granted to local governments and other political subdivisions for agricultural, forestry, stream and wetland restoration, and urban and suburban stormwater nonpoint source pollution control projects, including up to 25% in matching funds to local governments and other political subdivisions that have enacted a stormwater remediation fee under § 4-202.1 of the Environment Article. (3) (i) In each fiscal year from 2023 through 2031, inclusive, $1,250,000 from the Trust Fund shall be used to fund: 1. The 5 Million Tree Program Coordinator position in the Department of the Environment; and 2. Subject to subparagraph (ii) of this paragraph, 13 contractor positions in the Forest Service of the Department to provide technical assistance, planning, and coordination related to tree plantings, tree buffer management, and forest management, including invasive vine removal, on public, private, and agricultural lands and in "underserved areas" as defined in § 8-1911 of this title. (ii) The Department shall make reasonable efforts to ensure that contractors hired under subparagraph (i)2 of this paragraph reflect the geographic and demographic diversity of the State. (4) (i) In each fiscal year from 2024 through 2031, inclusive, $2,500,000 from the Trust Fund shall be used, subject to the requirements of subparagraph (ii) of this paragraph, for tree plantings on public and private land. (ii) The money appropriated under this paragraph: 1. May be distributed in accordance with § 8-2A- 04(c)(2) of this subtitle; 2. May be used to cover the costs of: A. Site preparation, labor, and materials for tree- planting projects; B. Maintaining trees following a tree-planting project; and C. Landowner incentive payments or signing bonuses of up to $1,000 per acre of trees planted; 3. May not be used to plant trees intended for timber harvest; and 4. May be used only for tree plantings on private land if the landowner enters into a binding legal agreement to maintain the planted area in tree cover for at least 15 years. (iii) Money appropriated under this paragraph is supplemental to and may not take the place of funding that otherwise would be appropriated for tree plantings on public and private land. (5) In each fiscal year from 2026 through 2030, inclusive, up to $100,000 from the Trust Fund shall be used to fund the operations grants under § 8- 2B-02(g)(3) of this title at a rate of $20,000 per project sponsor each fiscal year. (6) Notwithstanding any other provision of law, the Governor may include in the annual budget bill an appropriation of up to $10,500,000 from the Trust Fund to support operating expenses of the Department. (g) (1) The Treasurer shall invest the money of the Trust Fund in the same manner as other State money may be invested. (2) Any investment earnings of the Trust Fund shall be retained to the credit of the Trust Fund. (h) Money expended from the Trust Fund for the restoration of the Chesapeake and Atlantic Coastal Bays and their tributaries, including the Patuxent River, is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for bay restoration. §8-2A-02. // EFFECTIVE JUNE 30, 2031 PER CHAPTER 645 OF 2021 // (a) There is a Chesapeake and Atlantic Coastal Bays 2010 Trust Fund. (b) The purpose of the Trust Fund is to provide financial assistance necessary to advance Maryland's progress in meeting the goals established in the 2014 Chesapeake Bay Watershed Agreement for the restoration of the Chesapeake Bay and its tributaries, including the Patuxent River, and to restore the health of the Atlantic Coastal Bays and their tributaries, by focusing limited financial resources on nonpoint source pollution control projects in all regions of the State. (c) The Secretary shall administer the Trust Fund. (d) (1) The Trust Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article. (2) The Treasurer shall hold the Trust Fund separately, and the Comptroller shall account for the Trust Fund. (e) The Trust Fund consists of: (1) Money appropriated in the State budget for the Trust Fund; (2) Money distributed to the Trust Fund under §§ 2-1104 and 2- 1302.1 of the Tax - General Article; and (3) Any other money from any other source accepted for the benefit of the Trust Fund. (f) (1) The Trust Fund may be used only for the implementation of nonpoint source pollution control projects to: (i) Support State and local watershed implementation plans by targeting limited financial resources on the most effective nonpoint source pollution control projects; and (ii) Improve the health of the Atlantic Coastal Bays and their tributaries. (2) It is the intent of the General Assembly that, when possible, money in the Trust Fund shall be granted to local governments and other political subdivisions for agricultural, forestry, stream and wetland restoration, and urban and suburban stormwater nonpoint source pollution control projects, including up to 25% in matching funds to local governments and other political subdivisions that have enacted a stormwater remediation fee under § 4-202.1 of the Environment Article. (3) In each fiscal year from 2026 through 2030, inclusive, up to $100,000 from the Trust Fund shall be used to fund the operations grants under § 8- 2B-02(g)(3) of this title at a rate of $20,000 per project sponsor each fiscal year. (4) Notwithstanding any other provision of law, the Governor may include in the annual budget bill an appropriation of up to $10,500,000 from the Trust Fund to support operating expenses of the Department. (g) (1) The Treasurer shall invest the money of the Trust Fund in the same manner as other State money may be invested. (2) Any investment earnings of the Trust Fund shall be retained to the credit of the Trust Fund. (h) Money expended from the Trust Fund for the restoration of the Chesapeake and Atlantic Coastal Bays and their tributaries, including the Patuxent River, is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for bay restoration.
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