In this subtitle the following words have the meanings indicated. “Coast Smart” means a construction practice in which preliminary planning, siting, design, construction, operation, maintenance, and repair of a structure or highway facility avoids or minimizes future impacts associated with coastal flooding and sea level rise inundation. “Coast Smart” includes design criteria and siting criteria that are applicable throughout the entire life cycle of a project. “Council” means the Coast Smart Council. “Design criteria” means standard specifications related to the shape, size, or form of a construction practice. “Freshwater” means water with a total dissolved–solid concentration of less than 1,000 mg/L. “Highway facility” has the meaning stated in § 3–101(f) of the Transportation Article. “Nuisance flooding” means high–tide flooding that causes public inconvenience. “Replacement cost” means, at the time of reconstruction, the cost of reconstructing a structure and its surrounding property to full use with materials of the same kind and quality as the original materials. “Replacement cost” does not include: The value of the land on which a structure is located; or For tax purposes, a deduction for depreciation. “Saltwater intrusion” means the movement of water with a total dissolved–solid concentration greater than or equal to 1,000 mg/L to freshwater. “Saltwater intrusion” includes saltwater intrusion into surface water, aquifers, and soils. “Sea level rise inundation” means the inundation of land from a sea level rise of 2 feet, as determined by the Council. “Siting criteria” means specifications related to the location or use of a structure or highway facility. “Structure” means: A walled or roofed building; A manufactured home; or A gas or liquid storage tank that is principally above ground. “Substantial damage” means damage caused by any source that is sustained by a structure such that the cost of reconstruction to its before–damaged condition is at least half of the structure’s replacement cost before the damage occurred.

There is a Coast Smart Council in the Department. The Department shall provide staff support for the Council.

The Coast Smart Council shall include: The Secretary of Natural Resources, or the Secretary’s designee; The Secretary of Budget and Management, or the Secretary’s designee; The Secretary of the Environment, or the Secretary’s designee; The Secretary of General Services, or the Secretary’s designee; The Secretary of Planning, or the Secretary’s designee; The Secretary of Transportation, or the Secretary’s designee; The Secretary of Commerce, or the Secretary’s designee; The Chair of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, or the Chair’s designee; The Secretary of Emergency Management, or the Secretary’s designee; The Comptroller, or the Comptroller’s designee; The Chancellor of the University System of Maryland, or the Chancellor’s designee; and Five members appointed by the Governor to represent local government, environmental, and business interests. The Secretary of Natural Resources or the Secretary’s designee shall chair the Council. Subject to paragraph (2) of this subsection, the term of a member appointed by the Governor is 2 years. The Governor shall stagger the terms of the initial appointed members. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the remainder of that term and until a successor is appointed and qualifies. The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position. A member appointed by the Governor may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

The Council shall: Study and provide analysis regarding standards and factors relevant to the establishment of Coast Smart siting criteria and design criteria; Develop siting and design criteria to establish and implement Coast Smart practices and requirements; Develop eligibility criteria, standards, and procedures for applying for and obtaining a waiver from compliance with the Coast Smart requirements; Establish procedures for evaluating Coast Smart waiver applications that include the consideration of proposed capital projects with regard to: The anticipated need to prepare for, respond to, and recover from extreme weather events, sea level rise inundation, coastal flooding, storm surges, and shoreline erosion; and The need to prevent danger to life and property and to avoid environmental, socio–economic, and economic harm; and Develop eligibility criteria, standards, and procedures for categorical exemptions from the application of the Coast Smart requirements for proposed capital projects that have been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable. The Council may recommend regulations for adoption by the Secretary to carry out the provisions of this subtitle. The chair of the Council may establish subcommittees consisting of members of the Council, experts in fields related to climate change and sea level rise, and interested parties to address or study specific issues.

This section applies to State and local capital projects for which at least 50% of the project costs are funded with State funds. This section does not apply to a capital project that costs less than $500,000. Beginning July 1, 2020, if a State or local capital project includes the construction of a structure or highway facility, the structure or highway facility shall be constructed in compliance with siting and design criteria established under subsection (c) of this section. Beginning July 1, 2020, if a State or local capital project includes the reconstruction of a structure with substantial damage, the structure shall be reconstructed in compliance with siting and design criteria established under subsection (c) of this section. The Council, in consultation with the Department and the Department of Transportation, shall establish Coast Smart siting and design criteria to address sea level rise inundation and coastal flood impacts on State and local capital projects. The criteria adopted under this subsection shall include: Guidelines and any other directives applicable to the preliminary planning and construction of a proposed capital project; A requirement that a structure be designed and constructed or reconstructed in a manner to withstand the storm surge from a storm that registers as a category 2 on the Saffir–Simpson hurricane wind scale, including a requirement for structures to be constructed or reconstructed at a minimum elevation above the projected storm surge; and Provisions establishing a process to allow a unit of State or local government to obtain a waiver from complying with the requirements of subsection (b) of this section.

On or before December 15, 2019, the Department of Planning, in consultation with the Department, the Department of the Environment, and the Department of Agriculture, shall establish a plan to adapt to saltwater intrusion. The plan established under subsection (a) of this section shall be updated at least once every 5 years.

The Board of Public Works, in conjunction with the Department, the Department of the Environment, and the Maryland Department of Emergency Management, shall establish criteria to evaluate whether State funds may be used to mitigate hazards associated with sea level rise inundation and coastal flooding. The criteria established under subsection (a) of this section shall incorporate tools to assess the vulnerability of an area or a structure to hazards associated with sea level rise inundation and coastal flooding, including tools to measure: The level of exposure of an area or a structure to hazards; and The degree to which an area or a structure is likely to be affected by the exposure to hazards.

On or before October 1, 2019, the Department of Planning, in consultation with the Department and the Department of the Environment, shall develop and publish guidelines to assist local jurisdictions in the collection of data to establish nuisance flooding baselines. On or before October 1, 2020, a local jurisdiction that experiences nuisance flooding shall develop a plan to address nuisance flooding. A local jurisdiction shall update the plan required under paragraph (1) of this subsection at least once every 5 years. A local jurisdiction shall publish the plans required under this subsection on the local jurisdiction’s website. A local jurisdiction that develops a plan to address nuisance flooding shall submit a copy of the nuisance flooding plan to the Department of Planning.