(a) In this section, “neonicotinoid pesticide” has the meaning stated in § 5–2A–01 of this article.
(b) (1) On or before July 1, 2017, subject to paragraph (2) of this subsection, the Department of Natural Resources, the Maryland Environmental Service, and the State Highway Administration, in consultation with the Department, each shall establish a pollinator habitat plan.
(2) A pollinator habitat plan required under this subsection:
(i) Shall include best management practices for the designation, maintenance, creation, enhancement, and restoration of pollinator habitat areas;
(ii) Shall be as protective of pollinators as the Department’s managed pollinator protection plan;
(iii) May not require an action on land that is inconsistent with any federal, State, or local law, regulation, rule, or guidance that applies to the land;
(iv) May not require the creation of pollinator habitat on productive farmland; and
(v) Except as provided in paragraph (3) of this subsection, may not allow the use of the following pesticides, seeds, or plants in an area designated or created as a pollinator habitat area in accordance with a pollinator habitat plan:
1. Neonicotinoid pesticides;
2. Pesticides labeled as toxic to bees or other pollinators; or
3. Seeds or plants treated with a neonicotinoid pesticide.
(3) (i) Pesticides labeled as toxic to bees or other pollinators that are not neonicotinoid pesticides may be used in an area designated or created as a pollinator habitat area under a pollinator habitat plan if the Secretary of Health determines that the use is necessary to respond to a specific instance of threat to public health.
(ii) A pollinator habitat plan required under this subsection may not restrict a farmer, or a person working under the supervision of a farmer, from using the pesticides, seeds, or plants specified under paragraph (2)(v) of this subsection for agricultural purposes, including:
1. Crop production;
2. Livestock;
3. Poultry;
4. Equine; and
5. Noncrop agricultural fields.
(c) The Department of Natural Resources, the Maryland Environmental Service, and the State Highway Administration each shall:
(1) On or before September 1, 2017, make available to the public on its Web site the pollinator habitat plan established in accordance with subsection (b) of this section; and
(2) On or before July 1, 2018, implement the pollinator habitat plan established in accordance with subsection (b) of this section.