reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7 - Cost Sharing -- Water Pollution Control › Section 8-702 - Establishment of Program; Implementation With Other Programs

(a)    (1)    The General Assembly finds and declares that agriculturally related nonpoint sources of water pollution may potentially contribute to the degradation of the water resources of this State and that prevention and control efforts have been hampered because of the cost and lack of income producing potential in many agricultural practices designed to protect water quality.
(2)    To assist in the implementation of agricultural practices which minimize water pollution from erosion, animal wastes, nutrients, and agricultural chemicals, a cost sharing program between the State and eligible applicants is established for the public benefit.
(b)    The cost sharing program established under this subtitle shall be implemented in conjunction with the “Agricultural Water Quality Management Program for the Control of Sediment and Animal Wastes” of the State Soil Conservation Committee as well as other State and local programs to control water pollution.
(c)    The Department may not prohibit or limit, through any cost–share agreement, a participant in the cost sharing program established under this subtitle from participating in and receiving compensation from greenhouse gas markets, carbon credits, or soil carbon programs, if the purpose of the compensation is to achieve additional conservation benefits that are consistent with the State’s Chesapeake Bay conservation goals.
(d)    The Department may enter into partnerships, through formal contracts or memoranda of understanding, with private sector organizations with experience in carbon offset markets or programs in order to:
(1)    Create statewide or regional partnerships for the purpose of minimizing the costs and maximizing the benefits of voluntary enrollment of farmland in carbon offset market programs; and
(2)    Assist private landowners with the aggregation of projects to make the projects more saleable in carbon offset market programs.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7 - Cost Sharing -- Water Pollution Control › Section 8-703 - Rules and Regulations; Selection of Project; Financial and Technical Assistance

(a)    The Secretaries of Agriculture and the Environment shall, by jointly promulgated rule or regulation:
(1)    Identify geographic areas in watersheds throughout the State which have a high potential for agriculturally related soil erosion or movement of sediments, animal wastes, or agricultural chemicals into the surface waters of the State;
(2)    Designate priority areas for cost sharing under this subtitle; and
(3)    Establish program requirements, including application procedures, eligibility criteria, provisions for monitoring and review, and measures to assure accountability for all cost sharing funds.
(b)    (1)    The selection of projects and the degree of State financial assistance shall be based on:
(i)    Water quality improvements to be achieved, with consideration given to the cumulative effect of other projects on the same body of water;
(ii)    The estimated economic benefit to the participating farmer from use of the best management practice; and
(iii)    Other relevant factors as determined by regulation.
(2)    State cost–sharing funds may not be used to:
(i)    Reestablish agricultural practices which have deteriorated due to the negligence or mismanagement of an applicant;
(ii)    Fund a conservation practice that does not:
1.    Address a natural resource concern identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service; or
2.    Result in an improved conservation benefit.
(c)    The Secretary of Agriculture and the Secretary of the Environment shall implement the cost sharing program for a project with the technical assistance of the appropriate soil conservation district. Technical representatives of the soil conservation district shall prepare or approve all design, construction, maintenance or other plans for best management practices and shall provide the necessary degree of layout and construction supervision.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7 - Cost Sharing -- Water Pollution Control › Section 8-704.1 - Manure Matching Service

(a)    In this section, “Service” means the Manure Matching Service.
(b)    The Department shall create a Manure Matching Service.
(c)    The purpose of the Service is to develop transfer programs and marketing techniques to promote and facilitate the transfer of poultry and livestock manure.
(d)    The Service shall be implemented in conjunction with the Manure Transportation Project set forth in § 8-704.2 of this subtitle.
(e)    The Governor shall include in the annual budget bill sufficient funds to carry out this section.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7 - Cost Sharing -- Water Pollution Control › Section 8-704.2 - Manure Transportation Project

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Commercial poultry producer” means any entity that contracts with a farmer to raise poultry for the producer on property owned or leased by the farmer.
(3)    “Project” means the Manure Transportation Project.
(b)    It is the intent of the General Assembly that:
(1)    The State and the commercial poultry producers shall facilitate the prompt transportation of poultry litter from farms in all areas of the State that experience phosphorus overenrichment;
(2)    The State shall facilitate the transfer of livestock manure from farms in all parts of the State that experience phosphorus overenrichment;
(3)    The Project shall encourage voluntary participation to achieve the removal of poultry litter produced by at least 20% of the poultry in the four lower Eastern Shore counties in Maryland; and
(4)    The Project shall be implemented in conjunction with the Manure Matching Service set forth in § 8–704.1 of this subtitle.
(c)    The purpose of the Project is to establish a cost share matching program to assist in the transportation of poultry or livestock manure from farms:
(1)    To be used on land with soil having the capacity to hold additional phosphorus; or
(2)    To be used in environmentally acceptable ways other than land application.
(d)    The State shall provide:
(1)    Funding for the Project by matching, in an amount determined by the Department, the amount of funds contributed by the commercial poultry producer industry for eligible costs, as determined by the Department, associated with the transportation and handling of poultry litter; and
(2)    Up to 87.5% of the transportation and handling costs, as determined by the Department, per ton for livestock manure.
(e)    The Department of Agriculture shall adopt regulations authorizing the disbursement of cost–share matching funds consistent with the purposes of the Project.
(f)    The Department of Agriculture shall provide the assistance necessary to ensure that poultry or livestock manure is tested in accordance with departmental procedures before transportation of the manure occurs.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7 - Cost Sharing -- Water Pollution Control › Section 8-705 - Failure to Establish and Maintain Best Management Practice

(a)    Failure by a person to establish, install, construct, or maintain a best management practice in accordance with the agreement required to be executed with the Department under § 8-704 of this subtitle shall render the person liable for an amount, to be determined by the Department, of State cost sharing funds paid for practices that are not implemented or maintained. However, a person may not be found liable for inadequate maintenance or destruction of a best management practice if it were caused by an act of nature that could not reasonably be anticipated by the person.
(b)    The Attorney General, at the request of the Secretary of Agriculture may institute appropriate legal action to enforce the terms and conditions of all cost sharing agreements executed under this subtitle.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7 - Cost Sharing -- Water Pollution Control › Section 8-706 - Signing Bonus for Landowner Enrolling With Forested Streamside Buffer -- Funding. [Effective Until July 1, 2031]

// EFFECTIVE UNTIL JUNE 30, 2031 PER CHAPTER 645 OF 2021 //
(a)    To maximize participation in the Conservation Reserve Enhancement Program, in fiscal years 2023 through 2031, inclusive, a landowner who enrolls land planted with a forested streamside buffer shall receive a one–time signing bonus of up to $1,000 per acre of land enrolled.
(b)    Signing bonuses provided under this section shall be funded with:
(1)    Money appropriated under subsection (c) of this section; and
(2)    The amount specified in § 9–1605.2(i)(11)(i) of the Environment Article.
(c)    (1)    For fiscal years 2024 through 2031, in each year the Governor shall appropriate $2,500,000 in the annual State budget to fund tree planting under this section and other tree planting programs on agricultural land.
(2)    Money appropriated under this subsection is supplemental to and may not take the place of funding that would otherwise be appropriated for tree plantings under this section and other tree planting programs on agricultural land.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7A - Animal Waste Technology Fund › Section 8-7A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Animal waste technology project” means the research, development, implementation, or market development of technology that is intended to:
(1)    Reduce the amount of nutrients in animal waste;
(2)    Alter the composition of animal waste;
(3)    Develop alternative waste management strategies; or
(4)    Use animal waste in a production process.
(c)    “Fund” means the Animal Waste Technology Fund.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7A - Animal Waste Technology Fund › Section 8-7A-02 - Animal Waste Technology Fund

(a)    There is an Animal Waste Technology Fund in the Department.
(b)    The purpose of the Animal Waste Technology Fund is to provide financial assistance to individuals and business enterprises that:
(1)    Conduct research or develop technologies that are intended to reduce the amount of nutrients in animal waste;
(2)    Alter the composition of animal waste;
(3)    Develop alternative animal waste management strategies; or
(4)    Use animal waste in a production process.
(c)    The goal of the Fund is to encourage the development and implementation of economically feasible technologies that help protect the public health and the environment by reducing the amount of nutrients from animal waste to enable farmers to meet nutrient management requirements and provide alternative animal waste management strategies to farmers.
(d)    (1)    The Department shall administer the Fund;
(2)    The Secretary may:
(i)    Delegate to any unit in the Department the underwriting, closing, monitoring, and workout functions for Fund loans; or
(ii)    Contract with another entity to perform these functions.
(e)    (1)    The Fund is a special continuing, nonlapsing fund that is not subject to reversion under § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    Money appropriated in the State budget to the Fund;
(2)    Any other money from any other source accepted for the benefit of the Fund;
(3)    Any investment earnings of the Fund;
(4)    Repayments of principal and interest from loans made from the Fund;
(5)    Income from equity investments that the State Treasurer makes from the Fund;
(6)    Proceeds from the sale, disposition, lease, or rental by the Department of collateral related to any financing provided by the Department under this subtitle; and
(7)    Application or other fees paid to the Department in connection with the processing of requests for assistance.
(g)    The Department may use money in the Fund to:
(1)    Provide financial assistance to defray the costs of animal waste technology projects; and
(2)    Pay expenses for administrative, actuarial, legal, and technical services associated with operating the Fund.
(h)    The Department may impose terms and conditions on financial assistance provided from the Fund, including administration and transaction fees.
(i)    Financial assistance provided from the Fund may be:
(1)    Used only to pay the costs of carrying out an animal waste technology project; and
(2)    In the form of:
(i)    A grant;
(ii)    A loan;
(iii)    A loan guarantee; or
(iv)    A loan that is convertible in whole or in part to a grant on the satisfaction of specified conditions.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7A - Animal Waste Technology Fund › Section 8-7A-03 - Financial Assistance

(a)    To be eligible for assistance from the Fund, an animal waste technology project shall have strong potential for:
(1)    Improving the public health and the environment;
(2)    Preserving the viability of the agricultural industry; and
(3)    Having a positive economic development impact in the State.
(b)    If the amount of financial assistance requested exceeds the amount of money available in the Fund, the Department shall give preference to the animal waste technology projects that demonstrate the greatest potential for:
(1)    Improving the public health and the environment;
(2)    Preserving the viability of the agricultural industry; and
(3)    Having a positive economic development impact in the State.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7A - Animal Waste Technology Fund › Section 8-7A-04 - Animal Waste Technology Fund Advisory Committee

(a)    The Department shall establish an Animal Waste Technology Fund Advisory Committee.
(b)    The Secretary of Agriculture shall be the Chair of the Advisory Committee and the Department will provide staff support.
(c)    Ex officio membership of the Advisory Committee shall include:
(1)    The Secretary of Commerce, or the Secretary’s designee;
(2)    The Secretary of the Environment, or the Secretary’s designee;
(3)    The Secretary of Natural Resources, or the Secretary’s designee;
(4)    The Director of the Maryland Energy Administration, or the Director’s designee; and
(5)    The Dean of the College of Agriculture and Natural Resources at the University of Maryland, or the Dean’s designee.
(d)    The Secretary shall appoint committee representatives to include the poultry and livestock industries, agricultural community, environmental community, agricultural fertilizer industries, energy sector, and other areas of expertise as deemed appropriate.
(e)    In consultation with the Animal Waste Technology Fund Advisory Committee, the Department shall:
(1)    Develop program criteria;
(2)    Review proposals; and
(3)    Make project funding determinations.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 7A - Animal Waste Technology Fund › Section 8-7A-05 - Protection of Interests of Department

The Secretary may take all reasonable actions to protect the interests of the Department in its investments, collateral, loans, grants, and other property or interests relating to financing transactions, including forgiving a loan, expending funds from its general and special funds to acquire, dispose of, operate, protect, enhance, or maintain collateral or liens.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Certified nutrient management consultant” means an individual certified by the Department to prepare a nutrient management plan.
(c)    “Commercial farm” means a farm that performs activities related to the production and sale of agricultural commodities, including row crops, fruits, vegetables, horticulture, and silvaculture.
(d)    “Enhanced efficiency fertilizer” has the meaning stated in § 6–201 of this article.
(e)    “Impervious surface” means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
(f)    “Natural organic fertilizer” has the meaning stated in § 6–201 of this article.
(g)    “Nutrient management plan” means a plan prepared under this subtitle by a certified nutrient management consultant to manage the amount, placement, timing, and application of animal waste, commercial fertilizer, sludge, or other plant nutrients to prevent pollution by transport of bioavailable nutrients and to maintain productivity.
(h)    “Organic fertilizer” has the meaning stated in § 6–201 of this article.
(i)    (1)    “Professional fertilizer applicator” means any person who:
(i)    Is certified to apply fertilizer in accordance with § 8–803.4 of this subtitle; and
(ii)    Applies fertilizer for hire.
(2)    “Professional fertilizer applicator” includes the owner or manager of property, or an employee of a government entity who applies fertilizer within the scope of employment.
(j)    “Slow–release nitrogen” means nitrogen in a form that:
(1)    Delays its availability for plant uptake and use after application; or
(2)    Extends its availability to the plant significantly longer than a reference “rapidly available nutrient” such as ammonium nitrate or urea, ammonium phosphate, or potassium chloride.
(k)    “Soil test” means a technical analysis of soil conducted by a laboratory using standards recommended by the University of Maryland.
(l)    “Turf” means land, including residential property and publicly owned land that is planted in grass, except land that is used in the sale and production of sod, as defined in § 9–101 of this article.
(m)    “Water–soluble nitrogen” means nitrogen that is readily soluble in water.
(n)    “Waters of the State” has the meaning stated in § 5–101 of the Environment Article.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-802 - Certification and License Requirement

(a)    A person may not prepare a nutrient management plan, for purposes of meeting the requirements of this subtitle, unless the person is certified or licensed by the State.
(b)    An individual may apply to the Department for certification as a certified nutrient management consultant.
(c)    A person engaged in the business of providing a nutrient management plan provided under this subtitle shall hold an annual license from the Department.
(d)    The Department may impose a penalty not exceeding $250 for a violation of the provisions of this section.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-803 - Certifications and Licenses -- Application; Issuance; Term; Renewal

(a)    To apply for certification as a nutrient management consultant, an applicant shall:
(1)    Submit to the Department an application on the form the Department requires; and
(2)    Pay to the Department the certification fee stated in § 8-806 of this subtitle.
(b)    The Department shall certify any individual who:
(1)    Meets the requirements of this subtitle;
(2)    Meets the Department’s educational requirements, including a program on the proper application of nutrients;
(3)    Passes a Department approved examination; and
(4)    (i)    Is employed by a person licensed under this subtitle; or
(ii)    Holds a license as required by this subtitle.
(c)    To apply for a license an applicant shall:
(1)    Submit to the Department an application on the form the Department requires; and
(2)    Pay to the Department the applicable license fee stated in § 8-806 of this subtitle.
(d)    The Department shall license a person who meets the requirements of this subtitle.
(e)    A certificate or license is issued for 1 year unless the certificate or license is renewed as provided by this subtitle.
(f)    The Department shall renew the certificate or license of any applicant for a 3-year term if the applicant:
(1)    Submits a renewal application on the form that the Department requires;
(2)    Pays to the Department the applicable fee stated in § 8-806 of this subtitle;
(3)    Complies with applicable continuing education requirements;
(4)    Complies with applicable record keeping and reporting requirements; and
(5)    Otherwise is entitled to be certified or licensed.
(g)    (1)    The Department may issue a farm operator’s plan development certificate to a person operating a farm for the development of that person’s own nutrient management plan.
(2)    The certificate is valid provided the person operating the farm:
(i)    Has paid the one-time fee provided in § 8-806 of this subtitle;
(ii)    Has passed an examination as determined by the Department;
(iii)    Complies with applicable continuing education requirements;
(iv)    Complies with applicable record keeping and reporting requirements; and
(v)    Otherwise is entitled to be certified.
(h)    A person that holds a license or certificate issued under this section shall comply with all applicable reporting requirements and deadlines established by the Department, including deadlines related to:
(1)    Implementation of the Phosphorus Management Tool developed by the University of Maryland; and
(2)    Submission of soil test phosphorus levels related to nutrient management plans developed in accordance with this subtitle.
(i)    In addition to any penalty authorized under § 8–805 of this subtitle, a person that violates subsection (h) of this section is subject to an administrative penalty not exceeding $250.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-803.2 - Certified Nutrient Management Consultants

(a)    A person who applies nutrients for hire to land used for agricultural purposes shall be a certified nutrient management consultant or work under a nutrient management consultant certified under § 8-803 of this subtitle.
(b)    A person who applies nutrients for hire to land used for agricultural purposes, who is not a certified nutrient management consultant, shall make available documentation, in the form of a work order, bill of lading, or similar document, to the landowner or land manager that the person is working under a certified nutrient management consultant.
(c)    The Secretary shall adopt regulations to implement this section.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-803.3 - Nutrient Application Educational Programs

(a)    This section does not apply to:
(1)    A person who applies nutrients to 10 acres or less of land each year; or
(2)    A person who applies nutrients for hire.
(b)    A person who engages in the activity of applying nutrients to land which the person owns or manages and which is used for agricultural purposes shall complete an educational program in nutrient application every 3 years.
(c)    (1)    The Secretary, in consultation with the Nutrient Management Advisory Committee under § 8-804 of this subtitle, shall create or approve educational programs under this section.
(2)    The nutrient application educational programs are to be offered at sites distributed throughout the State.
(3)    The Department shall issue to a participant upon completion of an education program under this section, a voucher of completion.
(4)    The Department shall maintain a registry of persons who have received vouchers of completion in a nutrient application educational program under this section.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-803.6 - Certification Program for Professional Fertilizer Applicators

(a)    (1)    The Department shall, in consultation with the University of Maryland, establish a program to certify professional fertilizer applicators.
(2)    The certification program shall provide professional fertilizer applicators with training and education in the following subject areas:
(i)    The proper use and calibration of fertilizer application equipment;
(ii)    The hazards involved in, and the environmental impact of, applying fertilizer, including nutrient pollution to:
1.    Surface water subject to the jurisdiction of the State;
2.    The Chesapeake Bay and its tributaries;
3.    A pond within the State;
4.    A lake within the State;
5.    A river within the State;
6.    A stream within the State;
7.    A public ditch within the State;
8.    A tax ditch within the State; and
9.    A public drainage system within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage;
(iii)    All applicable State and federal laws, rules, and regulations;
(iv)    The correct interpretation of fertilizer labeling information; and
(v)    The recommendations developed by the University of Maryland for nutrient management on turf, including the appropriate time to:
1.    Apply fertilizer when rain is forecast; and
2.    Apply fertilizer when soils are wet and the potential for fertilizer movement off–site exists.
(b)    In establishing the certification program, the Department may:
(1)    Charge reasonable fees, including an annual recertification fee, to cover costs associated with the certification program;
(2)    Require continuing education or training for professional fertilizer applicators;
(3)    Designate one or more entities to train, certify, and recertify professional fertilizer applicators, which may charge fees to cover the reasonable costs associated with the certification training and education; and
(4)    Recognize the training program of an entity employing professional fertilizer applicators if the program meets the certification and recertification training and education standards established by the Department under this section.
(c)    The Department shall publish and maintain a list of all certified professional fertilizer applicators and make the list available on the Department’s Internet Web site.
(d)    The Department may adopt regulations to implement this section.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-803.7 - Public Education Program; Soil Testing; Fertilizer Turf Guidelines

(a)    The Department, in consultation with the University of Maryland, shall develop a program of public education that shall include:
(1)    The dissemination of information regarding nutrient pollution;
(2)    Best management practices for fertilizer use;
(3)    Soil testing;
(4)    Proper interpretation of fertilizer label instructions; and
(5)    The proper use and calibration of fertilizer application equipment.
(b)    The University of Maryland shall identify laboratories that:
(1)    Follow the recommended soil testing procedures for the mid–Atlantic United States; and
(2)    Provide a final report to a requestor of soil testing with the results of a soil test.
(c)    The University of Maryland shall review its fertilizer turf guidelines every 3 years and revise the guidelines as necessary, with consideration of plant nutrient requirements and established State goals to protect water quality in the waters of the State.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-803.8 - Regulation of Fertilizer and Its Application

(a)    Except for enforcement as authorized under § 8–803.5(g) of this subtitle, the Department has the exclusive authority to establish standards regulating fertilizer and its application to turf.
(b)    A local government entity may not adopt laws, regulations, rules, ordinances, or standards regulating fertilizer and its application to turf.
(c)    Subsections (a) and (b) of this section do not exempt a person from complying with any provision of, or any regulation adopted in accordance with, the Environment Article.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-804 - Regulations; Advisory Committee

(a)    The Department shall establish a Nutrient Management Advisory Committee. The Secretary shall appoint to the Committee representatives of the agricultural community, the environmental community, the commercial lawn care, biosolids, and agricultural fertilizer industries, academia, and appropriate government units. The Secretary also shall appoint to the Committee a representative of county government from a list submitted by the Maryland Association of Counties. The President of the Senate of Maryland shall appoint to the Committee one Senator and the Speaker of the House of Delegates shall appoint to the Committee one Delegate.
(b)    In consultation with the Nutrient Management Advisory Committee, the Department shall by regulation:
(1)    Prescribe the criteria, form, and content for certified nutrient management plans applicable to licensees and certificate holders;
(2)    Establish continuing education requirements for certified nutrient management consultants and persons receiving vouchers of completion under § 8-803.3 of this subtitle; and
(3)    Adopt guidelines and requirements for licensees and certified nutrient management consultants on record keeping and on reporting requirements to the Department on nutrient management plans.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-806 - Fees

(a)    Except for a government agency, the Department shall charge the following fees under this subtitle:
(1)    Certificate (nutrient management consultant)     $50;
(2)    License (individual or sole proprietorship)     $50;
(3)    License (corporation or partnership)     $100;
(4)    Renewal      $150; and
(5)    Certificate (farm operator’s plan development)     $20.
(b)    The Department shall charge an applicant for the full cost of any training provided by the Department under this subtitle.
(c)    All money collected under this subtitle shall be deposited in the General Fund of the State.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 8 - Nutrient Management › Section 8-807 - Report on Coverage, Implementation, and Evaluation of Nutrient Management Plans; Inclusion of Water Quality Improvement Act of 1998

(a)    On or before December 31 of each year, the Department of Agriculture shall report to the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on:
(1)    The farm acreage covered by nutrient management plans and the implementation and evaluation of those plans; and
(2)    In consultation with the Nutrient Management Advisory Committee, the implementation of the requirements of the Water Quality Improvement Act of 1998.
(b)    The report required under subsection (a)(2) of this section shall include information regarding:
(1)    The level of participation in the nutrient management plan program;
(2)    Additional resources that may be needed to meet the requirements of § 8–803.1 of this subtitle;
(3)    The effectiveness of nutrient application education programs; and
(4)    The effectiveness of the Manure Transportation Project set forth in § 8–704.2 of this title.
(c)    (1)    Beginning in 2020, the report required under this section shall include information on the production and use of animal manure by farm operations covered by nutrient management plans during the previous year, including:
(i)    The amount of animal manure exported by farm operations to alternative use facilities or other farm operations in the State;
(ii)    The amount of animal manure exported out of the State by farm operations; and
(iii)    The amount of animal manure land applied by farm operations in the State and the source of that manure.
(2)    The information required under this subsection shall be reported:
(i)    By geographic area, including by county or local watershed; and
(ii)    In a manner that protects the identity of individual farm operation.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 9 - Voluntary Agricultural Nutrient and Sediment Credit Certification Program › Section 8-901 - Legislative Findings

The General Assembly finds and declares that:
(1)    Voluntary nutrient and sediment trading programs provide an innovative and cost–effective approach to enhance water and air quality and achieve additional water and air quality benefits; and
(2)    The Agricultural Nutrient and Sediment Credit Certification Program established under this subtitle authorizes the Department to verify, certify, and register agricultural nutrient or sediment credits in support of private and public nutrient or sediment trading activities between the buyer of nutrient or sediment credits and the farm owner or operator that agrees to be paid and implement best management practices to reduce agricultural nutrient and sediment runoff and nutrient emissions.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 9 - Voluntary Agricultural Nutrient and Sediment Credit Certification Program › Section 8-902 - Voluntary Certification and Registration of Nutrient or Sediment Credits on Agricultural Land

(a)    The Department may establish requirements for the voluntary certification and registration of nutrient or sediment credits on agricultural land, as defined by the Department of Assessments and Taxation.
(b)    Certification and registration requirements established under subsection (a) of this section shall include:
(1)    Application and eligibility requirements for certification;
(2)    Standards for quantifying nutrient or sediment credits resulting from any existing or proposed agronomic, land use, and structural practice;
(3)    Requirements governing the duration and maintenance of credits; and
(4)    Establishment of a credit registry accessible to the public.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 9 - Voluntary Agricultural Nutrient and Sediment Credit Certification Program › Section 8-903 - Suspension or Revocation of Certification

On notice and opportunity to be heard, the Secretary may suspend or revoke the approval or certification of credits applicable for the Program for a violation of this subtitle or for a violation of any regulation adopted by the Secretary under this subtitle.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 9 - Voluntary Agricultural Nutrient and Sediment Credit Certification Program › Section 8-904 - Other Nutrient or Sediment Offset Credits Not Affected

Nothing in this subtitle is intended to supplant or limit the authority of the Department of the Environment to establish eligibility and other requirements for use of nutrient or sediment offset credits under any State or federal permit or other regulatory program.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Agricultural sources of nitrogen, phosphorus, or sediment” means sources of nitrogen, phosphorus, or sediment that originate from an agricultural operation’s land or animals.
(2)    “Agricultural sources of nitrogen, phosphorus, or sediment” does not include sources of nitrogen, phosphorus, or sediment that originate from a residential, municipal, industrial, or commercial activity.
(c)    “Program” means the Maryland Agricultural Certainty Program.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1002 - Legislative Intent

It is the intent of the General Assembly to create a voluntary program to recognize the environmental stewardship and contribution of Maryland farmers who implement and maintain best management practices consistent with the State’s goals to reduce the amount of nutrients and sediment entering the Chesapeake Bay, its tributaries, and other waters of the State.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1003 - Maryland Agricultural Certainty Program Established

(a)    There is a voluntary Maryland Agricultural Certainty Program.
(b)    The purpose of the Program is to accelerate the implementation of agricultural best management practices to meet State agricultural nitrogen, phosphorus, and sediment reduction goals.
(c)    (1)    The Department shall develop the Program in coordination with the Department of the Environment.
(2)    The Program shall be self–sustaining and revenue neutral.
(d)    The Department:
(1)    Shall administer the Program; and
(2)    May establish by regulation reasonable fees sufficient to cover any costs incurred in operating the Program.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1005 - Recertification

An agricultural operation certified under § 8–1004 of this subtitle may be recertified for 10 years if the agricultural operation:
(1)    Meets the requirements under this subtitle;
(2)    Meets the laws, regulations, rules, and permit conditions applicable to the agricultural operation at the time of recertification; and
(3)    Receives approval from the Department of the Environment if the agricultural operation is permitted or has an application submitted to be permitted under the Environment Article.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1006 - Exemptions for Compliant, Certified Operations

(a)    Except as provided in subsection (b) of this section, an agricultural operation that is in compliance and certified under this subtitle is not subject to:
(1)    State or local laws or regulations enacted or adopted after the date of certification that require the reduction of agricultural sources of nitrogen, phosphorus, or sediment to meet:
(i)    Chesapeake Bay total maximum daily loads, including the requirements in a watershed implementation plan;
(ii)    Local total maximum daily loads; or
(iii)    Other water quality requirements for managing agricultural sources of nitrogen, phosphorus, or sediment; or
(2)    State or local laws and regulations enacted or adopted after the date of certification related to meeting a reallocation of nitrogen, phosphorus, or sediment load reductions necessary to meet:
(i)    Chesapeake Bay total maximum daily loads, including the requirements in a watershed implementation plan;
(ii)    Local total maximum daily loads; or
(iii)    Other water quality requirements for managing nitrogen, phosphorus, or sediment.
(b)    Subsection (a) of this section may not prevent the application or enforcement of any other laws, regulations, or permits, including:
(1)    Orders seeking a corrective action for a violation of Title 4, Subtitle 4 of the Environment Article;
(2)    Titles 5 and 16 of the Environment Article;
(3)    Title 9, Subtitles 2 and 3 of the Environment Article;
(4)    Title 8, Subtitle 18 of the Natural Resources Article;
(5)    The adoption of a growth tier map by a local jurisdiction under Title 1, Subtitle 5 of the Land Use Article;
(6)    Any State or local law or regulation that regulates the development of land;
(7)    The federal Clean Water Act;
(8)    Any regulation governing the management of agricultural sources of nitrogen, phosphorus, or sediment initiated by the Department before the enactment of this subtitle; or
(9)    Any applicable laws or regulations that have been enacted, but are subject to a delayed implementation period.
(c)    A local government entity may not enforce State or local laws, regulations, rules, ordinances, or standards adopted after the date of certification relating to agricultural sources of nitrogen, phosphorus, or sediment for an agricultural operation certified under this subtitle until the end of the certification period.
(d)    If the Program established under this subtitle is terminated, an agricultural operation certified under the Program shall:
(1)    Remain certified for the remainder of the certification period for the agricultural operation; and
(2)    Be subject to State and local laws or regulations applicable at the time of certification, including this subtitle and the terms and conditions of the certainty agreement entered into under this subtitle.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1007 - Duties of Managers of Certified Agricultural Operations

(a)    A person that manages an agricultural operation certified under this subtitle shall:
(1)    Submit annually to the Department:
(i)    Nutrient management plan records, including:
1.    Information identifying the person who manages the agricultural operation;
2.    Soil analysis data for the land receiving nutrients;
3.    Fertility recommendations for crops produced;
4.    A summary of nutrients applied by source and crop type; and
5.    Maps identifying the location and boundaries of the agricultural operation;
(ii)    Soil conservation and water quality plan records;
(iii)    A certification signed by the person managing the agricultural operation that states that the requirements of the Program will be maintained for the upcoming year; and
(iv)    Any additional documentation the Department determines to be necessary to determine compliance with the requirements of this subtitle; and
(2)    Report to the Department within 60 days any change in the agricultural operation that affects certification under this subtitle.
(b)    The Department shall make available to the Department of the Environment records and information provided under subsection (a) of this section related to compliance with laws, regulations, permits, or other requirements enforced by the Department of the Environment.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1008 - Inspections

(a)    (1)    At least once every 3 years within the 10–year certification period:
(i)    The Department shall require an on–site inspection, as defined by regulations adopted under this subtitle, of each agricultural operation certified under this subtitle to assure the agricultural operation continues to meet the requirements of this subtitle; and
(ii)    The Department of the Environment shall, if applicable, assure compliance with laws, regulations, permits, or other requirements administered by the Department of the Environment.
(2)    The inspections required under paragraph (1) of this subsection shall be conducted by a certified verifier determined by the Department.
(b)    The certified verifier conducting the on–site inspection shall provide:
(1)    A report to the Department detailing the agricultural operation’s compliance with program requirements, including:
(i)    Efforts to manage soil conservation and water quality; and
(ii)    Nutrient application, including location, rate, source, and timing, by crop; and
(2)    Notice to the certified agricultural operation at the time of the on–site inspection of all new State and local laws and regulations enacted or adopted since the date of certification.
(c)    Following the third on–site inspection in the 10–year certification period, the certified verifier who conducted the most recent on–site inspection shall provide information to the Department, the Department of the Environment as applicable, and the certified agricultural operation on best management practices applicable to the operation and necessary for the agricultural operation to comply with new laws, regulations, or rules adopted or enacted after the date of certification and necessary for recertification.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1009 - Program to Certify Verifiers

(a)    The Department, in coordination with the Department of the Environment, shall:
(1)    Establish a program to certify a person to verify whether an agricultural operation meets and is in compliance with the requirements of this subtitle;
(2)    Maintain a list of all certified verifiers; and
(3)    Publish the list of all certified verifiers on the Department’s Web site.
(b)    (1)    The certification program shall provide verifiers with the training and education necessary to determine whether an agricultural operation is in compliance with the Program.
(2)    A certified verifier may not verify an agricultural operation:
(i)    In which the certified verifier holds an interest, as defined by regulation; or
(ii)    That the certified verifier initially determined had met the requirements under § 8–1004 of this subtitle.
(c)    In establishing the certification program, the Department may:
(1)    Charge reasonable fees, including an annual certification fee, to cover the costs associated with the certification program;
(2)    Require continuing education or training for verifiers;
(3)    Designate an entity to train, certify, and recertify verifiers; and
(4)    Recognize the training program of an entity employing verifiers if the program meets the certification and recertification training and education standards established by the Department.
2023 Maryland Statutes › Agriculture › Title 8 - Soil Conservation › Subtitle 10 - Maryland Agricultural Certainty Program › Section 8-1010 - Records Available for Public Review; Confidentiality

(a)    Except as provided in § 8–1007(b) of this subtitle, all records and information concerning any agricultural operation certified by the Department under this subtitle shall be maintained by the Department and made available for public review in a manner that provides the greatest public disclosure of records and information while protecting the identity of the person for whom the records or information relates.
(b)    Except as provided in § 8–1008(b) of this subtitle, a certified verifier shall maintain all records and information concerning a certified agricultural operation in a manner that protects the identity of the person for whom the records or information relates.
(c)    (1)    Except as otherwise provided by law, the Department of the Environment shall maintain all records and information received from the Department under §§ 8–1004(c)(2) and 8–1007(b) of this subtitle in a manner that protects the identity of the person for whom the records or information relates.
(2)    This subsection does not affect the maintenance and disclosure of records and information obtained from any other source by the Department of the Environment, even if the records and information are duplicative of information provided to the Department of the Environment by the Department under this subtitle.
(d)    Except as provided in § 8–1007(b) of this subtitle, records and information relating to an agricultural operation that are generated or obtained solely for the purpose of obtaining certification may not be disclosed by any State agency, department, or certified verifier before the agricultural operation is certified under this subtitle.
(e)    On or before December 31, 2014, and each December 31 thereafter, the Department shall submit an annual report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Environmental Matters Committee on:
(1)    Participation in the Program; and
(2)    Recommendations of the oversight committee established in § 8–1013 of this subtitle.