1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Authorized renewable energy source,” or “ARES” means the following energy sources to generate electricity for commercial profit:

      1. (a) Solar;
      2. (b) Wind;
      3. (c) Anaerobic digestion of poultry litter so long as the facility is placed on fallow land; and
      4. (d) Anaerobic digestion of livestock manure so long as the facility is placed on fallow land.
   2. (2) “Department” means the Maryland Department of Agriculture.
   3. (3) “Easement” means an agricultural land preservation easement held by the Maryland Agricultural Land Preservation Foundation.
   4. (4) “Easement area” means the real property subject to an easement held by the Maryland Agricultural Land Preservation Foundation, which property may consist of a single tax parcel or multiple tax parcels.
   5. (5) “Facility agreement” means any lease, license, management agreement, or operating agreement between a farm owner and an ARES owner regarding an ARES on a farm.
   6. (6) “Fallow land” means land that is plowed but left idle, uncultivated, or unplanted.
   7. (7) “Farm” means a farm or other real property subject to an easement held by the Maryland Agricultural Land Preservation Foundation, which property may consist of a single tax parcel or multiple tax parcels.
   8. (8) “Farm conservation plan” means a soil conservation and water quality plan for the farm, approved by a soil conservation district.
   9. (9) “Foundation” means the Maryland Agricultural Land Preservation Foundation.
   10. (10) “Raw materials” means poultry litter or livestock manure.
   11. (11) “Recording agreement” means an agreement between the Foundation and a farm owner, to be recorded among the appropriate land records, that states the duties and obligations between both parties consistent with the requirements of this chapter.

Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland

Effective date: June 6, 2016 (43:11 Md. R. 635)