Bill Positions

Bill Number: SB 666

Bill Title: Natural Resources - No Net Loss of Forest Policy - Forest Conservation Act

Bill Sponsor(s): Senator Pinsky, et al

Subject: Environment & Energy

Committee: EHE

Bill Summary: This bill requires DNR to cooperate with forestry-related stakeholder groups to determine the meaning of no net loss of forests for any State policy and to develop proposals for creating a State policy on no net loss of forests. By December 1, 2011, DNR is required, in consultation with forestry-related stakeholder groups, to submit a report on policies to achieve no net loss of forests in the State. The bill amends several provisions of the Forest Conservation Act, including (1) increasing the fee-in-lieu contribution rate to State and local Forest Conservation Funds; (2) limiting the exemptions for forest clearing associated with a single lot, a linear project, and a dwelling house to a maximum disturbance of 20,000 (instead of 40,000) square feet of forest; (3) limiting the exemption for construction of dwelling houses to owners and their children; (4) eliminating an exemption for areas that were previously developed and covered by paved surface; and (4) requiring that priority be given to specified trees, shrubs, plants, and areas for retention and protection, unless a variance is granted.

would reduce the threshold acreage of land under a proposed subdivision plan above which the Forest Conservation Act applies. Repeal specified exemptions from the requirements of the Forest Conservation Act for cutting or clearing trees in a public utility right-of-way; authorize the acquisition of an off-site protective easement for temporarily protected forested areas as a mitigation technique to meet afforestation or reforestation requirements; and alter the fee-in- lieu contribution required under specified circumstances; etc.

History: Result of SB 431 to create a Task Force to assess the Forest Conservation Act and develop draft legislation for the 2009 legislative Session to ensure process to achieve a "no net loss" of forest in the state beginning in 2010. In 2009 SB 666 was enacted as Chapter 298

Chamber Position: Oppose

Position Summary: The Maryland Chamber opposed this bill because ther were a number of discrepancies between the recommendation of the Task Force and the legislation. The discrepancies need to be addressed and amended. The bill removes the current PSC process for Public Service Utilities, and opens up the permitting process to multiple agency approval. For these reasons, the Maryland Chamber opposed this bill.

Position Statement: Click here (pdf)

Chamber Staff: Allyson Black

General Assembly: Click here to view the bill on the Maryland General Assembly's website.