EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1070*
HOUSE BILL 1070
M3, M4 2lr1681
By: Delegate Boyce
Introduced and read first time: February 10, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Solid Waste Disposal and Diversion and On–Farm Composting and Compost Use 2
FOR the purpose of establishing the On–Farm Composting and Compost Use Grant Fund 3
as a special, nonlapsing fund; requiring interest earnings of the On–Farm 4
Composting and Compost Use Grant Fund to be credited to the Fund; establishing a 5
solid waste disposal surcharge to be paid, on a quarterly basis beginning on a certain 6
date, to the Comptroller by owners or operators of refuse disposal facilities in the 7
State; establishing the Environmental Stewardship Fund as a special, nonlapsing 8
fund; requiring interest earnings of the Environmental Stewardship Fund to be 9
credited to the Fund; requiring the Comptroller, on an annual basis, to transfer 10
certain solid waste disposal surcharge revenue to certain funds for certain purposes; 11
specifying that certain solid waste disposal surcharge revenue transferred to the 12
State Recycling Trust Fund may not revert to the General Fund; requiring certain 13
revenue transferred to the State Recycling Trust Fund to be used by the Office of 14
Recycling in the Department of the Environment to award certain grants; and 15
generally relating to solid waste disposal and diversion and on–farm composting and 16
compost use. 17
BY adding to 18
Article – Agriculture 19
Section 2–2101 through 2–2103 to be under the new subtitle “Subtitle 21. On–Farm 20
Composting and Compost Use Grant Fund” 21
Annotated Code of Maryland 22
(2016 Replacement Volume and 2021 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – Environment 25
Section 9–201(a) and (e) and 9–1701(a), (d), (m), and (q) 26
Annotated Code of Maryland 27
(2014 Replacement Volume and 2021 Supplement) 28
2 HOUSE BILL 1070
BY repealing and reenacting, with amendments, 1
Article – Environment 2
Section 9–1707(f) 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2021 Supplement) 5
BY adding to 6
Article – Environment 7
Section 9–17A–01 through 9–17A–06 to be under the new subtitle “Subtitle 17A. 8
Environmental Stewardship” 9
Annotated Code of Maryland 10
(2014 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – State Finance and Procurement 13
Section 6–226(a)(2)(i) 14
Annotated Code of Maryland 15
(2021 Replacement Volume) 16
BY repealing and reenacting, with amendments, 17
Article – State Finance and Procurement 18
Section 6–226(a)(2)(ii)144. and 145. 19
Annotated Code of Maryland 20
(2021 Replacement Volume) 21
BY adding to 22
Article – State Finance and Procurement 23
Section 6–266(a)(2)(ii)146. and 147. 24
Annotated Code of Maryland 25
(2021 Replacement Volume) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28
Article – Agriculture 29
SUBTITLE 21. ON–FARM COMPOSTING AND COMPOST USE GRANT FUND. 30
2–2101. 31
(A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS 32
INDICATED. 33
(B) “ELIGIBLE ENTITY” MEANS: 34
(1) A UNIT OF STATE OR LOCAL GOVERN MENT; 35 HOUSE BILL 1070 3
(2) A SOIL CONSERVATION DI STRICT; 1
(3) A LOCAL EDUCATION AGEN CY; 2
(4) AN INSTITUTION OF HIG HER EDUCATION ; 3
(5) A NONPROFIT ORGANIZATI ON; 4
(6) A FARMER, INCLUDING AN URBAN F ARMER OR A RANCHER; AND 5
(7) A CONSORTIUM OF ANY OF THE ENTITIES IDENTIF IED IN ITEMS (1) 6
THROUGH (6) OF THIS SUBSECTION . 7
(C) “FUND” MEANS THE ON–FARM COMPOSTING AND COMPOST USE 8
GRANT FUND. 9
2–2102. 10
(A) THERE IS AN ON–FARM COMPOSTING AND COMPOST USE GRANT 11
FUND. 12
(B) THE PURPOSE OF THE FUND IS TO AWARD GRANTS TO ELIGIBLE 13
ENTITIES TO ASSIST WITH THE COST S OF DEVELOPING AND IMPLEMENTING 14
ON–FARM COMPOSTING AND COMPOST USE PROJECTS . 15
(C) THE SECRETARY, IN CONSULTATION WITH THE SECRETARY OF THE 16
ENVIRONMENT , SHALL ADMINISTER THE FUND. 17
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 18
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 19
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 20
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 21
(E) THE FUND CONSISTS OF : 22
(1) THE SOLID WASTE DISPO SAL SURCHARGE R EVENUE 23
TRANSFERRED TO THE FUND UNDER § 9–17A–03(F)(3)(I) OF THE ENVIRONMENT 24
ARTICLE; 25
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 26
4 HOUSE BILL 1070
(3) INTEREST EARNINGS ; AND 1
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 2
THE BENEFIT OF THE FUND. 3
(F) THE FUND MAY BE USED ONLY TO AWARD GRANT S TO ELIGIBLE 4
ENTITIES TO ASSIST WITH THE COST S OF DEVELOPING AND IMPLEMENT ING 5
ON–FARM COMPOSTING A ND COMPOST USE PROJE CTS, INCLUDING THE COSTS OF: 6
(1) PURCHASING COMPOST AN D EQUIPMENT FOR ON –FARM 7
COMPOST APPLICATION ; 8
(2) EQUIPMENT AND INFRAST RUCTURE IN SUPPORT O F ON–FARM 9
COMPOSTING ; 10
(3) COMPOSTING MATERIALS GENERATED ON –SITE OR OFF–SITE, 11
INCLUDING ANIMAL MAN URE GENERATED ON –SITE AND FOOD SCRAPS GENERATED 12
OFF–SITE; 13
(4) COMPOST MANAGEMENT TR AINING UNDER A PROGRAM OFFE RED 14
BY THE UNIVERSITY OF MARYLAND EXTENSION, THE U.S. COMPOSTING COUNCIL, 15
OR OTHER APPROPRIATE ENTITY; 16
(5) (I) COMPOST TESTING EQUIP MENT; OR 17
(II) SUBMITTING COMPOST SA MPLES FOR TESTING TO A 18
LABORATORY WITH APPR OPRIATE EXPERTISE ; 19
(6) QUANTIFYING THE BENEF ITS OF COMPOST APPLI CATION TO SOIL 20
HEALTH AND CARBON SE QUESTRATION ; 21
(7) STUDYING IMPACTS OF C OMPOST APPLICATION O N ON–FARM 22
NUTRIENT AND WATER Q UALITY MANAGEMENT TO INFORM RELEVANT 23
REGULATIONS ; 24
(8) RESEARCHING AND DEVEL OPING NEW COMPOST TREATMENTS OR 25
PRODUCTS THAT WILL BENEFIT OR INFORM ON–FARM COMPOST USE ; 26
(9) CONSULTING WITH A NUT RIENT MANAGEMENT SPE CIALIST OR 27
OTHER CONSULTANT ; AND 28
(10) REGISTERING COMPOST F OR SALE WITH IN THE STATE. 29
HOUSE BILL 1070 5
(G) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 1
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 2
(2) INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO THE 3
FUND. 4
2–2103. 5
(A) AN ELIGIBLE ENTITY MA Y APPLY FOR A GRANT FROM THE FUND. 6
(B) (1) THE SECRETARY SHALL ESTABLISH GRANT APPLICATION 7
PROCEDURES . 8
(2) THE GRANT APPLICATION PROCEDURES SHALL INC LUDE: 9
(I) A PROCESS FOR FACILITA TING PARTICIPATION OF 10
ELIGIBLE ENTITIES WI TH LIMITED RESOURCES ; 11
(II) A SIMPLE COMMON APPLIC ATION AND COMMON 12
REPORTING FORMAT ; 13
(III) A PROCESS FOR AUTHORIZ ING ELIGIBLE ENTITIE S TO USE 14
THE ENTITY’S STANDARD ANNUAL RE PORT AND “LETTER OF INTEREST ” TO MEET 15
APPLICATION AND REPO RTING REQUIREMENTS ; 16
(IV) A PROCESS FOR SUBMITTI NG APPLICATIONS IN WRITING 17
AND THROUGH VIDEO AN D AUDIO FORMATS; AND 18
(V) TRANSLATION SERVICES FOR APPLICANTS TO OVERCOME 19
LANGUAGE BARRIERS IN THE APPLICATION PROC ESS. 20
(C) IN AWARDING GRANTS UN DER THIS SUBTITLE, THE SECRETARY SHALL 21
GIVE PRIORITY FOR PROJECTS : 22
(1) FOR WHICH AN APPLICANT CLEARLY DESCRIBES HO W THE 23
PROJECT WILL SUPPORT ON–FARM COMPOSTING OR C OMPOST USE; 24
(2) THAT COMPLY WITH COMAR 26.04.11, COMAR 15.18.04, AND 25
OTHER RELEVANT REGUL ATIONS; 26
(3) THAT DIVERT ORGANIC W ASTE FROM REFUSE DISPOSAL 27
FACILITIES TO INSTEA D BE COMPOSTED WHERE THE RESULTING COMPOS T IS 28
RETURNED TO MARYLAND SOIL TO SUPP ORT FOOD PRODUCTION ; 29 6 HOUSE BILL 1070
(4) FOR WHICH AN APPLICAN T DEMONSTRATE S KNOWLEDGE OF BEST 1
PRACTICES IN THE FIE LD AND HOW TO INCORPORATE T HOSE BEST PRACTICES IN 2
THE PROJECT; 3
(5) THAT SERVE A FARM OWNED OR OPER ATED BY A FARMER WHO IS 4
A LOW–INCOME INDIVIDUAL, A SOCIALLY DISADVANTAG ED INDIVIDUAL, A WOMAN, 5
OR A VETERAN; 6
(6) THAT SERVE A LOW–INCOME OR SOCIALLY D ISADVANTAGED 7
COMMUNITY ; OR 8
(7) THAT ENGAGE SMALL OR DIVE RSE FARMING OPERATIO NS. 9
Article – Environment 10
9–201. 11
(a) In this subtitle the following words have the meanings indicated. 12
(e) “Refuse disposal system” includes: 13
(1) An incinerator; 14
(2) A transfer station; 15
(3) A landfill system; 16
(4) A landfill; 17
(5) A solid waste processing facility; and 18
(6) Any other solid waste acceptance facility. 19
9–1701. 20
(a) In this subtitle the following words have the meanings indicated. 21
(d) “Composting” means the controlled aerobic biological decomposition of organic 22
waste material in accordance with the standards established by the Secretary under this 23
title. 24
(m) “Office” means the Office of Recycling within the Department. 25
HOUSE BILL 1070 7
(q) “Recycling” means any process in which recyclable materials are collected, 1
separated, or processed and returned to the marketplace in the form of raw materials or 2
products. 3
9–1707. 4
(f) (1) There is a State Recycling Trust Fund. 5
(2) The Fund shall consist of: 6
(i) The newsprint recycling incentive fee; 7
(ii) The telephone directory recycling incentive fee collected under § 8
9–1709 of this subtitle; 9
(iii) The covered electronic device manufacturer registration fee 10
collected under § 9–1728 of this subtitle; 11
(IV) THE SOLID WASTE DIS POSAL SURCHARGE REVE NUE 12
TRANSFERRED TO THE FUND UNDER § 9–17A–03(F)(3)(II) OF THIS TITLE; 13
[(iv)] (V) All fines and penalties collected under this subtitle; 14
[(v)] (VI) Money appropriated in the State budget to the Fund; and 15
[(vi)] (VII) Any other money from any other source accepted for the 16
benefit of the Fund. 17
(3) The Secretary shall administer the Fund. 18
(4) The Treasurer shall hold the Fund separately and the Comptroller shall 19
account for the Fund. 20
(5) (I) [At] EXCEPT AS PROVIDED I N SUBPARAGRAPH (II) OF THIS 21
PARAGRAPH , AT the end of each fiscal year, any unspent or unencumbered balance in the 22
Fund that exceeds $2,000,000 shall revert to the General Fund of the State in accordance 23
with § 7–302 of the State Finance and Procurement Article. 24
(II) 1. THE SOLID WASTE DISPO SAL SURCHARGE REVENU E 25
TRANSFERRED TO THE FUND UNDER § 9–17A–02(F)(3)(II) OF THIS TITLE IS NOT 26
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE AND 27
MAY NOT REVERT TO TH E GENERAL FUND OF THE STATE. 28
2. THE OFFICE MAY ESTABLISH A SOLID WASTE 29
DISPOSAL SURCHARGE ACCOUNT IN THE FUND. 30
8 HOUSE BILL 1070
(6) In accordance with the State budget, the Fund shall be used only: 1
(i) To provide grants to the counties to be used by the counties to 2
develop and implement local recycling plans; 3
(ii) To provide grants to counties that have addressed methods for 4
the separate collection and recycling of covered electronic devices in accordance with § 5
9–1703(c)(1) of this subtitle; 6
(iii) To provide grants to municipalities to be used by the 7
municipalities to implement local covered electronic device recycling programs; [and] 8
(IV) TO PROVIDE GRANTS UND ER §§ 9–17A–04 AND 9–17A–05 9
OF THIS TITLE; AND 10
[(iv)] (V) To carry out the purposes of the land management 11
administration. 12
(7) (i) The Treasurer shall invest the money in the Fund in the same 13
manner as other State money may be invested. 14
(ii) Any investment earnings of the Fund shall be credited to the 15
General Fund of the State. 16
SUBTITLE 17A. ENVIRONMENTAL STEWARDSHIP . 17
9–17A–01. 18
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(B) “COMPOSTING” HAS THE MEANING STATED I N § 9–1701 OF THIS TITLE. 21
(C) “OFFICE” HAS THE MEANING STAT ED IN § 9–1701 OF THIS TITLE. 22
(D) “RECYCLING” HAS THE MEANING STATED IN § 9–1701 OF THIS TITLE. 23
(E) “REFUSE DISPOSAL SYSTE M” HAS THE MEANING STAT ED IN § 9–201 OF 24
THIS TITLE. 25
9–17A–02. 26
(A) THERE IS A SOLID WASTE DIS POSAL SURCHARGE TO BE PAID BY EACH 27
OWNER OR OPERATOR OF A REFUSE DISPOSAL FA CILITY IN THE STATE. 28
HOUSE BILL 1070 9
(B) (1) THE SOLID WASTE DISPO SAL SURCHARGE IS $5 PER TON OF SOLID 1
WASTE PROCESSED BY A REFUSE DISPOSAL SYSTEM. 2
(2) ON OR BEFORE JANUARY 1, 2028, AND EVERY 5 YEARS 3
THEREAFTER , THE OFFICE SHALL: 4
(I) ADJUST THE SOLID WASTE DISPOSAL SURCHARGE IN 5
ACCORDANCE WITH THE CONSUMER PRICE INDEX FOR THE MID–ATLANTIC 6
DIVISION; AND 7
(II) EVALUATE THE SOLID WA STE DISPOSAL SURCHAR GE TO 8
DETERMINE WHETHER AD JUSTMENTS TO THE SUR CHARGE ARE NECESSARY . 9
(C) IF A SURCHARGE HAS BE EN ASSESSED ON AN OWNER OR OPERATOR OF 10
A TRANSFER STATION , THE SOLID WASTE DISPO SAL SURCHARGE MAY NOT BE 11
ASSESSED ON AN OWNER OR OPERATOR OF A REFUSE DISPOSAL SYSTEM THAT 12
RECEIVES THE SOLID W ASTE FOR FINAL DISPO SAL. 13
(D) (1) THE COMPTROLLER SHALL COL LECT THE SOLID WASTE 14
DISPOSAL SURCHARGE AS SESSED UNDER THIS SE CTION AND DEPOSIT TH E REVENUE 15
INTO THE ENVIRONMENTAL STEWARDSHIP FUND ESTABLISHED UNDE R § 9–17A–03 16
OF THIS SUBTITLE. 17
(2) (I) BEGINNING APRIL 1, 2023, ON A QUARTERLY BASIS , AN 18
OWNER OR OPERATOR OF A REFUSE DISPOSAL SY STEM SHALL COMPLETE AND 19
SUBMIT, UNDER OATH , A RETURN AND PAY THE SOLID WASTE DISP OSAL SURCHARGE 20
TO THE COMPTROLLER . 21
(II) A RETURN SUBMITTED UND ER SUBPARAGRAPH (I) OF THIS 22
PARAGRAPH SHALL INCLUDE INFORMATION ON THE NUMBER OF TONS OF SO LID 23
WASTE ACCEPTED FOR DISPOSAL, TRANSFER, OR COLLECTION , AS APPROPRIATE , 24
DURING THE REPORTING PERIOD . 25
(E) THE COMPTROLLER MAY ADOPT REGULATIONS TO CARRY OUT THIS 26
SECTION. 27
9–17A–03. 28
(A) THERE IS AN ENVIRONMENTAL STEWARDSHIP FUND. 29
(B) THE PURPOSE OF THE FUND IS TO PROVIDE FUNDING TO THE OFFICE 30
AND THE DEPARTMENT OF AGRICULTURE TO AWARD GRANTS TO ASSIST WITH THE 31 10 HOUSE BILL 1070
COSTS OF DEVELOPING, IMPLEMENTING , OR EXPANDING EQUIPMENT, 1
INFRASTRUCTURE , AND EDUCATION RELATING TO: 2
(1) REDUCING THE AMOUNT O F SOLID WASTE GENERA TED IN THE 3
STATE; 4
(2) REUSING, REPAIRING, RECYCLING, AND COMPOSTING SOLID 5
WASTE; 6
(3) EDIBLE FOOD RESCUE ; 7
(4) ON–FARM COMPOSTING AND COMPOST USE ; AND 8
(5) MINIMIZING ILLEGAL DU MPING. 9
(C) THE COMPTROLLER SHALL ADMINISTER THE FUND. 10
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 11
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 12
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY, 13
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 14
(E) THE FUND CONSISTS OF : 15
(1) THE SOLID WASTE DISPO SAL SURCHARGE R EVENUE DEPOSITED 16
INTO THE FUND UNDER § 9–17A–02 OF THIS SUBTITLE; 17
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 18
(3) INTEREST EARNINGS ; AND 19
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 20
THE BENEFIT OF THE FUND. 21
(F) (1) THE FUND MAY BE USED ONLY TO: 22
(I) PROVIDE THE FUNDING N ECESSARY TO AWARD GR ANTS 23
UNDER TITLE 2, SUBTITLE 21 OF THE AGRICULTURE ARTICLE; 24
(II) PROVIDE THE FUNDING N ECESSARY TO AWARD GRANT S 25
UNDER §§ 9–17A–04 AND 9–17A–05 OF THIS SUBTITLE ; AND 26
HOUSE BILL 1070 11
(III) COVER THE REASONABLE ADMINISTRATIVE COSTS OF: 1
1. THE COMPTROLLER TO ADMINI STER THE FUND; 2
2. THE DEPARTMENT OF AGRICULTURE TO AWARD 3
GRANTS UNDER TITLE 2, SUBTITLE 21 OF THE AGRICULTURE ARTICLE; AND 4
3. THE OFFICE TO AWARD GRANT S UNDER §§ 9–17A–04 5
AND 9–17A–05 OF THIS SUBTITLE. 6
(2) UP TO 10% OF THE ESTIMATED ANNUAL SOLID WASTE 7
SURCHARGE REVENUE MA Y BE USED TO COVER R EASONABLE ADMINISTRA TIVE 8
COSTS UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION . 9
(3) ON AN ANNUAL BASIS , AFTER COVERING REASO NABLE 10
ADMINISTRATIVE COSTS , THE COMPTROLLER SHALL TRANSFER: 11
(I) 50% OF THE MONEY IN THE FUND TO THE ON–FARM 12
COMPOSTING AND COMPOST USE GRANT FUND ESTABLISHED UNDER TITLE 2, 13
SUBTITLE 21 OF THE AGRICULTURE ARTICLE; AND 14
(II) 50% OF THE MONEY IN THE FUND TO THE STATE 15
RECYCLING TRUST FUND ESTABLISHED UNDE R § 9–1707(F) OF THIS TITLE. 16
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 17
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 18
(2) INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO THE 19
FUND. 20
9–17A–04. 21
(A) OF THE REVENUE TRANSFERRED TO THE STATE RECYCLING TRUST 22
FUND UNDER § 9–17A–03(F)(3)(II) OF THIS SUBTITLE , 50% SHALL BE USED BY THE 23
OFFICE TO PROVIDE GRANTS TO COUNTIES, INCLUDING BALTIMORE CITY AND 24
MID–SHORE COUNTIES , FOR DEVELOPING AND IMPLEMENT ING ACTIVITIES THAT 25
ADVANCE WASTE PREVEN TION, REUSE, REPAIR, RECYCLING, OR COMPOSTING OR 26
MINIMIZE ILLEGAL DUM PING IN THE STATE, INCLUDING FOR: 27
(1) DEVELOPING, MAINTAINING, OR EXPAND ING LOCAL REUSE , 28
REPAIR, RECYCLING, AND COMPOSTING INFRA STRUCTURE, AS WELL AS 29
INFRASTRUCTURE THAT MINIMIZES ILLEGAL DU MPING; 30
12 HOUSE BILL 1070
(2) DEVELOPING, MAINTAINING, OR EXPAND ING LOCAL REUSE , 1
REPAIR, RECYCLING, AND COMPOSTING PROGRAM S, AS WELL AS PROGRAMS TO 2
MINIMIZE ILLEGAL DUM PING; 3
(3) ENCOURAG ING SOURCE–SEPARATION OF UNCONT AMINATED 4
MATERIALS; 5
(4) PROVIDING EDUCATION AND TECHNI CAL ASSISTANCE TO PU BLIC 6
AND PRIVATE ENTITIES , INCLUDING SMALL HAUL ERS, TO ADVANCE WASTE 7
PREVENTION , REUSE, REPAIR, RECYCLING, AND COMPOSTING AND TO MINIMIZE 8
ILLEGAL DUMPING ; 9
(5) COLLECTING AND COMPOST ING SOURCE–SEPARATED 10
COMPOSTABLE MATERIAL S; AND 11
(6) DEVELOPING, MAINTAINING, OR EXPAND ING MEASURES THAT 12
ADDRESS AND MINIMIZE ILLEGAL DUMPING , INCLUDING MEASURES RELATING TO: 13
(I) COMMUNITY AND RIVER C LEAN–UPS AND CAMPAIGNS ; 14
(II) TRAINING AND RESOURCE S FOR SMALL HAULERS ; 15
(III) SURVEILLANCE CAMERAS ; 16
(IV) DROP–OFF RECYCLING RECEPT ACLES; 17
(V) RESOURCE RECYCLING CE NTERS THAT ACCEPT A WIDE 18
RANGE OF MATERIALS ; AND 19
(VI) ALTERNATIVES TO SINGL E–USE PLASTICS. 20
(B) A COUNTY MAY APPLY FOR A GRANT UNDER THIS S ECTION IF THE 21
COUNTY HAS: 22
(1) CREATED A SEPARATE ACCOUNT I N ITS GENERAL FUND T O 23
DEPOSIT THE GRANT MONEY; AND 24
(2) ESTABLISHED ACCOUNTING PROCEDURE S TO ENSURE THAT 25
GRANT MONEY IN THE SEPARAT E ACCOUNT IS SPENT O NLY IN ACCORDANCE WITH 26
THIS SECTION. 27
(C) (1) A COUNTY THAT IS AWARD ED A GRANT UNDER THI S SECTION 28
SHALL REPORT TO THE OFFICE AT THE END OF EACH FISCAL YEAR ON : 29 HOUSE BILL 1070 13
(I) THE ACTIVITIES UNDERT AKEN UNDER THE GRANT TO 1
INCREASE THE COUNTY ’S PROPORTION OF WAST E DIVERSION, INCLUDING THE 2
SPECIFIC ACTIVITIES RELATING TO WASTE PREVENTION , REUSE, REPAIR, 3
RECYCLING, AND COMPOSTING ; 4
(II) THE ACTIVITIES UNDERT AKEN UNDER THE GRANT TO 5
MINIMIZE ILLEGAL DUM PING; AND 6
(III) THE GAINS ACHIEVED IN WASTE DIVERSION PRAC TICES 7
AND ADDRESSING ILLEG AL DUMPING. 8
(2) THE REPORT REQUIRED U NDER THIS SUBSECTION : 9
(I) MAY BE SUBMITTED ELEC TRONICALLY; AND 10
(II) SHALL BE POSTED ON TH E COUNTY’S WEBSITE. 11
9–17A–05. 12
(A) IN THIS SECTION, “ELIGIBLE ENTITY” MEANS: 13
(1) A UNIT OF STATE OR LOCAL GOVERN MENT; 14
(2) A LOCAL EDUCATION AGEN CY; 15
(3) AN INSTITUTION OF HIG HER EDUCATION ; 16
(4) A NONPROFIT ORGANIZATI ON; 17
(5) A FARMER OR RANCHER; 18
(6) A BUSINESS THAT IS: 19
(I) OPERATING IN THE STATE IN GOOD STANDIN G; AND 20
(II) INTENDED TO OPERATE A T A PROFIT AND RETUR N A PROFIT 21
TO ITS OWNERS; OR 22
(7) A CONSORTIUM OF ANY OF THE ENTITIES IDENTIF IED IN ITEMS (1) 23
THROUGH (6) OF THIS SUBSECTION. 24
14 HOUSE BILL 1070
(B) (1) OF THE REVENUE TRANSFERRED TO THE STATE RECYCLING 1
TRUST FUND UNDER § 9–17A–03(F)(3)(II) OF THIS SUBTITLE , 50% SHALL BE USED 2
BY THE OFFICE TO AWARD GRANT S TO ELIGIBLE ENTITI ES FOR: 3
(I) DEVELOPING, MAINTAINING, OR EXPAND ING LOCAL REUSE, 4
REPAIR, RECYCLING, AND COMPOSTING INFRA STRUCTURE, AS WELL AS 5
INFRASTRUCTURE THAT MINIMIZES ILLEGAL DU MPING; 6
(II) DEVELOPING, MAINTAINING, OR EXPAND ING LOCAL REUSE, 7
REPAIR, RECYCLING, AND COMPOSTING PROGR AMS, AS WELL AS PROGRAMS TO 8
MINIMIZE ILLEGAL DUM PING; 9
(III) ENCOURAG ING SOURCE–SEPARATION OF 10
UNCONTAMINATED MATER IALS; 11
(IV) PROVIDING EDUCATION AND TECHNI CAL ASSISTANCE TO 12
PUBLIC AND PRIVATE E NTITIES, INCLUDING SMALL HAUL ERS, TO: 13
1. ADVANCE WASTE PREVENT ION, REUSE, REPAIR, 14
RECYCLING, AND COMPOSTING ; AND 15
2. MINIMIZE ILLEGAL DUMP ING; 16
(V) COLLECTING AND COMPOST ING SOURCE–SEPARATED 17
COMPOSTABLE MATERIAL S; 18
(VI) ENABLING RESTAURANTS , MULTIFAMILY HOUSING 19
PROPERTY MANAGERS , SMALL HAULERS , AND OTHER SMALL BUSI NESSES TO 20
DEVELOP, MAINTAIN, OR EXPAND PROGRAMS A ND PROCURE NECESSARY 21
EQUIPMENT FOR WASTE DIVERSION AND TO MINIMIZE ILLEGAL DUMPI NG; AND 22
(VII) DEVELOPING, MAINTAINING, OR EXPANDING MEASURE S 23
THAT ADDRESS AND MIN IMIZE ILLEGAL DUMPIN G, INCLUDING MEASURES RELATING 24
TO: 25
1. COMMUNITY AND RIVER C LEAN–UPS AND 26
CAMPAIGNS; 27
2. TRAINING AND RESOURCE S FOR SMALL HAULERS ; 28
3. SURVEILLANCE CAMERAS ; 29
4. DROP–OFF RECYCLING RECEPT ACLES; 30 HOUSE BILL 1070 15
5. RESOURCE RECYCLING CE NTERS THAT ACCEPT A 1
WIDE RANGE OF MATERI ALS; AND 2
6. ALTERNATIVES TO SINGLE–USE PLASTICS. 3
(2) THE OFFICE SHALL ENSURE T HAT GRANTS AWARDED U NDER THIS 4
SUBSECTION ARE AWARDED E QUITABLY AMONG ACTIVITIES RELATING TO WASTE 5
PREVENTION , REUSE, REPAIR, RECYCLING, COMPOSTING , AND MINIMIZING ILLEG AL 6
DUMPING. 7
(C) AN ELIGIBLE ENTITY MA Y APPLY FOR A GRANT UNDE R THIS SECTION. 8
(D) (1) THE OFFICE SHALL ESTABLISH GRANT APPLICATION 9
PROCEDURES . 10
(2) THE GRANT APPLICATION PROCEDURES SHALL INC LUDE: 11
(I) A PROCESS FOR FACILITA TING THE PARTICIPATION OF 12
ELIGIBLE ENTITIES WI TH LIMITED RESOURCES ; 13
(II) A SIMPLE COMMON APPLIC ATION AND COMMON 14
REPORTING FORMAT ; 15
(III) A PROCESS FOR AUTHORIZ ING ELIGIBLE ENTITIES TO USE 16
THE ENTITY’S STANDARD ANNUAL REPO RT AND “LETTER OF INTEREST ” TO MEET 17
APPLICATION AND REPO RTING REQUIREMENTS ; 18
(IV) A PROCESS FOR SUBMITTING APPLICATI ONS IN WRITING 19
AND THROUGH VIDEO AN D AUDIO FORMATS ; AND 20
(V) TRANSLATION SERVICES FOR APPLICANTS TO OVERCO ME 21
LANGUAGE BARRIERS IN THE APPLICATION PROC ESS. 22
(E) IN AWARDING GRANTS UN DER THIS SECTION , THE SECRETARY SHALL 23
GIVE PRIORITY FOR PROJEC TS: 24
(1) FOR WHICH AN APPLICAN T CLEARLY DESCRIBES THE PROJECT 25
AND GOALS, INCLUDING A DESCRIPT ION OF HOW THE PROJECT WILL ACHIEVE 26
WASTE PREVENTION , REUSE, REPAIR, RECYCLING, OR COMPOSTING GOALS OR 27
PREVENT ILLEGAL DUMP ING IN THE STATE; 28
16 HOUSE BILL 1070
(2) FOR WHICH AN APPLICAN T CLEARLY DESCRIBES HOW THE 1
PROJECT WILL PROVIDE DIRECT, MEANINGFUL , AND ASSURED BENEFITS TO THE 2
COMMUNITY AND ADDRES S IMPORTANT COMMUNIT Y NEEDS; 3
(3) THAT REUSE, RECYCLE, OR COMPOST MATERIALS WITHIN THE 4
LOCAL COMMUNITY ; 5
(4) THAT INVOLVE THE C ONSTRUCTION , RENOVATION , OR 6
EXPANSION OF SITES T O INCREASE IN –STATE INFRASTRUCTURE FOR WASTE 7
PREVENTION , REUSE, REPAIR, RECYCLING, OR COMPOSTING IN THE STATE; 8
(5) THAT SERVE A MARGINALIZED , LOW–INCOME, OR SOCIALLY 9
DISADVANTAGED COMMUN ITY; 10
(6) THAT MINIMIZE NEGATIV E IMPACTS AND MAXIMI ZE BENEFITS TO 11
THE LOCAL COMMUNITY , INCLUDING JOBS CREATED FOR THE COMMUNITY , JOB 12
TRAINING, OR SUPPORT FOR HIRING A ND LEADERSHIP DEVELOPMENT PRACTICE S 13
THAT ARE INCLUSIVE A ND PROVIDE LIVING WA GES; AND 14
(7) THAT CLEAN UP DEBRIS IN AREAS A FFECTED BY ILLEGAL 15
DUMPING AND INCORPORATE COMP ONENTS OF WASTE PREVENTION AND REUSE, 16
REPAIR, RECYCLING, OR COMPOSTING THE DEBRIS. 17
9–17A–06. 18
(A) (1) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2023, 19
THE OFFICE, IN COORDINATION WITH THE DEPARTMENT OF AGRICULTURE , SHALL 20
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 21
STATE GOVERNMENT ARTICLE, ON THE GRANTS AWARDED UNDER TITLE 2, 22
SUBTITLE 21 OF THE AGRICULTURE ARTICLE AND UNDER §§ 9–17A–04 AND 23
9–17A–05 OF THIS SUBTITLE. 24
(2) THE REPORT SHALL INCL UDE: 25
(I) THE NUMBER AND TYPES OF GRANTS AWARDED ; AND 26
(II) THE IMPACT OF GRANT AWARDS ON : 27
1. JOB CREATION AND OTHER BENEFITS T O THE STATE; 28
2. WASTE PREVENT ION AND DIVERSION ; AND 29
3. THE QUANTITY OF COMPO ST UTILIZED BY FARME RS. 30 HOUSE BILL 1070 17
(B) BEGINNING WITH THE RE PORT DUE DECEMBER 1, 2028, AND EVERY 5 1
YEARS THEREAFTER , IN THE REPORT REQUIR ED UNDER SUBSECTION (A) OF THIS 2
SECTION, THE OFFICE SHALL INCLUDE A RECOMMENDATION ON WHETHER AND TO 3
WHAT EXTENT AN ADJUSTMENT TO THE SOLID WASTE DISPOSAL SURCHARGE 4
ESTABLISHED UNDER § 9–17A–02 OF THIS SUBTITLE IS NECESSARY. 5
Article – State Finance and Procuremen t 6
6–226. 7
(a) (2) (i) Notwithstanding any other provision of law, and unless 8
inconsistent with a federal law, grant agreement, or other federal requirement or with the 9
terms of a gift or settlement agreement, net interest on all State money allocated by the 10
State Treasurer under this section to special funds or accounts, and otherwise entitled to 11
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 12
Fund of the State. 13
(ii) The provisions of subparagraph (i) of this paragraph do not apply 14
to the following funds: 15
144. the Health Equity Resource Community Reserve Fund; 16
[and] 17
145. the Access to Counsel in Evictions Special Fund; 18
146. THE ON–FARM COMPOSTING AND COMPOST USE 19
GRANT FUND; AND 20
147. THE ENVIRONMENTAL STEWARDSHIP FUND. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2022. 23