Bill
HB 140
MDA gains explicit authority to obtain and use soil conservation and water quality plan data to enforce nutrient-management rules, with privacy protections for plan holders.
Agriculture — Soil Conservation and Water Quality Plan — Uses of Information
(Departmental bill requested by the Maryland Department of Agriculture)
Status & Procedure
- Introduced (first reader): January 8, 2025.
- Assigned to: Environment and Transportation Committee.
- Cross-file: SB 176.
- Public hearing scheduled: February 5, 2025 (2:00 p.m.).
- Departmental fiscal and policy notes filed (Feb–Mar 2025).
Purpose / Intent
HB 140 authorizes the Maryland Department of Agriculture (MDA) to obtain and use information contained in soil conservation and water quality plans held by soil conservation district supervisors for enforcement actions under Maryland’s Nutrient Management Law (Title 8, Subtitle 8 of the Agriculture Article). The bill extends existing access rules (which currently allow the Department of the Environment and MDA access for limited/statistical uses) so MDA can use plan information specifically to support nutrient-management compliance and enforcement.
Key provisions
- Amends current law (revising §8–306 of the Agriculture Article) to require a soil conservation district supervisor to make a soil conservation and water quality plan available to MDA when needed for enforcement under the State’s Nutrient Management Law (Title 8, Subtitle 8).
- Preserves existing confidentiality protections: plans are maintained in a manner that protects the identity of the person for whom the plan is prepared (consistent with current rules).
- Clarifies that MDA may use plan information for enforcement (not merely for statistical or referral purposes), aligning MDA’s access with MDE’s existing authority to obtain plans for sediment-control enforcement.
- Continues the existing interplay among agencies: MDA may share information with MDE where appropriate to support compliance or enforcement actions tied to water quality problems.
Who is affected
- Maryland Department of Agriculture (gains explicit authority to access and use plan data for nutrient-management enforcement).
- Soil conservation districts and their supervisors (obligated to make plans available to MDA on request). There are 23 districts statewide; each district has a five‑member board of supervisors.
- Farmers and agricultural operations subject to the State’s Nutrient Management Law — typically operations with gross annual agricultural income ≥ $2,500 or livestock operations with ≥ 8,000 pounds live animal weight — as well as nutrient-management consultants and certificate holders (whose compliance may be reviewed/validated using plan information).
- Maryland Department of the Environment (existing enforcement role remains; interagency data sharing continues).
Context: Nutrient Management Law and enforcement
- Maryland’s Nutrient Management Law requires covered agricultural and livestock operations to have and implement nutrient management plans that govern nutrient application (timing, placement, rates) to reduce nitrogen and phosphorus pollution.
- The law provides administrative and civil penalties for violations (e.g., failing to develop/implement plans, failing to report, improper application) and authorizes MDA to sanction certificates/licenses for noncompliance.
Fiscal and operational impact
- State: Not anticipated to materially affect State finances or operations. MDA and other State agencies can perform duties under the bill with existing resources, per the Departmental fiscal note.
- Local: Soil conservation districts can implement the requirement with existing resources; no local revenue effect anticipated.
- Small businesses: MDA assessed minimal or no economic impact on Maryland small businesses.
Potential practical impacts and considerations
- Enables MDA to use detailed, plan-level information to detect, document, and pursue nutrient-management violations more directly, potentially improving enforcement effectiveness for water-quality protections.
- Maintains confidentiality safeguards for plan-holders; however, increased agency access for enforcement may prompt questions from landowners/operators about information use and privacy—implementation guidance or protocols may be needed to clarify procedures and data protections.
Effective date
- The bill text as presented does not specify an effective date; timing will depend on the enactment and any effective-date clause adopted during enactment.
Compiled from official sources — confirm details with the bill’s official record.
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