Bill Summary – FastDemocracy

HB 1267
                                  Department of Legislative Services
                                             Maryland General Assembly
                                                   2021 Session
                                         FISCAL AND POLICY NOTE
                                                First Reader
House Bill 1267              (Delegate Henson)
Environment and Transportation
                                        Workgroup on Public Water Access
This bill establishes the Workgroup on Public Water Access to (1) convene a working
group of diverse stakeholders; (2) make recommendations to increase public water access;
and (3) consider the benefits of public water access on public health and environmental
justice. The Chesapeake Bay Trust (CBT) must provide staff for the workgroup. Members
may not receive compensation but are entitled to reimbursement for expenses under the
standard State travel regulations, as provided in the State budget. By December 1, 2021,
the workgroup must submit an interim report of its findings and recommendations to
specified committees of the General Assembly. A final report is due by December 1, 2022.
For fiscal 2023, the Governor must include in the annual budget bill an appropriation of
$60,000 to CBT to support the duties of the workgroup. The bill takes effect July 1, 2021,
and terminates June 30, 2023.
                                                      Fiscal Summary
State Effect: No effect in FY 2022. General fund expenditures increase by $60,000 in
FY 2023 only due to the bill’s mandated appropriation. Revenues are not affected. The bill
establishes a mandated appropriation for FY 2023.
      (in dollars)                FY 2022               FY 2023                FY 2024               FY 2025               FY 2026
   Revenues                                   $0                  $0                       $0                    $0                    $0
   GF Expenditure                              0              60,000                        0                     0                     0
   Net Effect                                 $0           ($60,000)                       $0                    $0                    $0
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Local governments represented on the workgroup can participate using
existing resources. Local revenues are not affected.
Small Business Effect: Minimal or none.
                                         Analysis
Bill Summary: The bill specifies the composition of the workgroup and requires, to the
extent practicable, that the workgroup reflect the racial, ethnic, and gender diversity of the
State. The workgroup must elect a chair by majority vote. Additionally, the workgroup is
composed of subcommittees on (1) municipal and county opportunities; (2) activation;
(3) financing; and (4) connectivity, as specified. The workgroup must meet at least
two times each year and on a regular basis, as determined by the workgroup.
To accomplish its purpose, the workgroup must:
      examine current public water access opportunities, including the (1) quality of
       public water access; (2) activities for which public water access is used;
       (3) geographic diversity and affordability of public water access locations
       throughout the State; (4) activities available at and around public water access
       locations; and (5) equity of the distribution of and access to public water access
       locations throughout the State;
      study whether public water access opportunities can be increased through the
       conservation of land for public use, coordination with federal agencies, and opening
       more areas for public water access;
      study and recommend infrastructure upgrades that will increase the availability of
       public water access;
      explore new water access opportunities, with a focus on accessibility and
       transportation availability; and
      develop a list of policy tools that State and local governments may use to expand
       public water access opportunities, including land trusts, tax incentives, and options
       available through Program Open Space (POS).
The final report, that must be submitted by December 1, 2022, must include (1) the number
of public water access sites owned by the State; (2) model plans that State and local
governments may use to increase the availability of public water access; (3) a summary of
actions taken by the General Assembly to expand public water access, including actions
taken by the State in response to Chapter 140 of 2013; (4) recommendations for improving
the effectiveness of easement incentives for waterfront properties; and (5) a detailed
summary of expenditures from the Waterway Improvement Fund (WIF).
Current Law: Chapter 140 of 2013 requires local governments and the Maryland
Department of Transportation, when developing a construction or improvement project
involving a bridge or other transportation facility that is adjacent to or that crosses a
waterway, to consider any reasonable and appropriate measures to provide or improve
HB 1267/ Page 2
water access for fishing, canoeing, kayaking, or any other nonmotorized water dependent
recreational activity.
Chesapeake Bay Trust
CBT is a nonprofit grant-making organization dedicated to improving the watersheds of
the Chesapeake Bay, the Maryland Coastal Bays, and the Youghiogheny River. Created in
1985 by the General Assembly, CBT’s goal is to increase stewardship through grant
programs, special initiatives, and partnerships that support K-12 environmental education,
on-the-ground watershed restoration, community engagement, and the underlying science
of these three realms. Grantees include schools, local governments, community groups,
faith-based groups, watershed organizations, and other not-for-profit entities.
Program Open Space
POS acquires and improves outdoor recreation and open space areas for public use. The
program also preserves unique natural areas that are home to rare and endangered species.
The State’s goal is to conserve these lands before unaffordable land prices or development
makes the task impossible. POS consists of a State and local component. Under the State
component, POS preserves natural areas through fee-simple purchases and easement
acquisitions. Under the local component, the Department of Natural Resources (DNR)
allocates funds among the counties for local conservation acquisitions and development of
public outdoor recreational sites, facilities, and open space.
Waterway Improvement Fund
WIF finances projects and activities that promote, develop, and maintain Maryland’s
waterways for the benefit of the boating public. With certain exceptions, a local
government and WIF must jointly finance projects to construct marine facilities beneficial
to the boating public. The contribution of WIF must be limited to no more than 50% of the
cost of each project. WIF may, however, finance completely any construction project
beneficial to the boating public, which costs $250,000 or less, regardless of its location.
Other types of projects that may be financed solely by WIF include projects for dredging
and marking channels and harbors, construction of jetties and breakwaters, and clearing
debris, aquatic vegetation, and obstructions in navigable waters, as well as construction of
marine facilities located within lands owned by DNR and construction of pump-out stations
for use by the general boating public at public and private marinas.
HB 1267/ Page 3
Federal Great American Outdoors Act
In August 2020, the federal Great American Outdoors Act was enacted to provide funding
for the maintenance of critical facilities and infrastructure in national parks, forests,
wildlife refuges, recreation areas, and American Indian schools. The Act also made funding
for the Land and Water Conservation Fund (LWCF) permanent; among other things,
LWCF provides grants to state and local governments for the acquisition and development
of public parks and other outdoor recreation sites.
State Expenditures: General fund expenditures increase by $60,000 in fiscal 2023 only
due to the bill’s mandated appropriation. State agencies represented on the workgroup can
participate using existing budgeted resources.
Additional Comments: CBT advises that the bill’s $60,000 mandated appropriation is
sufficient for it to staff the workgroup and complete the required reports. Although funds
are not available until fiscal 2023 under the bill, CBT can use existing resources in
fiscal 2022 until funds become available in fiscal 2023 pursuant to the bill’s mandated
appropriation.
                               Additional Information
Prior Introductions: None.
Designated Cross File: SB 925 (Senator Elfreth) - Education, Health, and Environmental
Affairs.
Information Source(s): Department of Budget and Management; Department of Natural
Resources; Chesapeake Bay Trust; U.S. Department of the Interior; Congressional
Research Service; Department of Legislative Services
Fiscal Note History:     First Reader - February 25, 2021
rh/lgc
Analysis by: Amberly Holcomb                          Direct Inquiries to:
                                                      (410) 946-5510
                                                      (301) 970-5510
HB 1267/ Page 4
Statutes affected: 
Text - First - Workgroup on Public Water Access: 2-020 []