Maryland Code § NR-8-2B-02

Section NR-8-2B-02
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(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.

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