EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1216*
HOUSE BILL 1216
M4 2lr2194
By: Delegate Wells
Introduced and read first time: February 11, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Department of Agriculture – Urban Agriculture Grant Fund 2
FOR the purpose of altering the purpose and contents of and the requirements and 3
qualifications under the Urban Agriculture Grant Fund; and generally relating to 4
the Urban Agriculture Grant Fund. 5
BY repealing and reenacting, without amendments, 6
Article – Agriculture 7
Section 2–2001(a) and 2–2002 8
Annotated Code of Maryland 9
(2016 Replacement Volume and 2021 Supplement) 10
BY adding to 11
Article – Agriculture 12
Section 2–2001(e) and (g) 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Agriculture 17
Section 2–2001(e), 2–2003, and 2–2004 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Agriculture 23
2–2001. 24
2 HOUSE BILL 1216
(a) In this subtitle the following words have the meanings indicated. 1
(E) “QUALIFIED APPLICANT” MEANS AN AGRICULTURAL PROD UCER, A 2
NONPROFIT ORGANIZATI ON, OR AN INSTITUTION OF HIGHER EDUCATION THA T 3
MEETS THE QUALIFICAT IONS ESTABLISHED IN § 2–2004 OF THIS SUBTITLE. 4
[(e)] (F) “Urban agricultural producer” means any person that annually sells, or 5
normally would have sold, $1,000 or more of farm products in [Baltimore City] AN URBAN 6
AREA. 7
(G) “URBAN AREA” MEANS AN AREA OF THE STATE THAT IS DELINEATED A S 8
AN URBAN AREA BY THE U.S. CENSUS BUREAU. 9
2–2002. 10
(a) There is an Urban Agriculture Grant Program in the Department. 11
(b) The purpose of the Program is to increase the viability of urban farming and 12
improve access to urban–grown foods. 13
2–2003. 14
(a) There is an Urban Agriculture Grant Fund. 15
(b) The purpose of the Fund is to provide grants to [nonprofit organizations in 16
Baltimore City] QUALIFIED APPLICANTS to implement the Program. 17
(c) The Secretary shall administer the Fund. 18
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 19
the State Finance and Procurement Article. 20
(2) The State Treasurer shall hold the Fund separately, and the 21
Comptroller shall account for the Fund. 22
(e) The Fund consists of: 23
(1) Money appropriated to the Fund under subsection (g) of this section; 24
and 25
(2) Any other money from any other source accepted for the benefit of the 26
Fund. 27
(f) In accordance with this subsection, the Fund shall be used to provide grants 28
to [nonprofit organizations that: 29
HOUSE BILL 1216 3
(1) Meet the qualifications established in § 2–2004 of this subtitle; and 1
(2) Distribute the grant money to urban agricultural producers in 2
accordance with this subtitle] QUALIFIED APPLICANTS . 3
(g) [The] FOR FISCAL YEAR 2024, THE Governor [may] SHALL include in the 4
annual budget bill an appropriation OF $5,000,000 to the Fund. 5
(h) (1) The Department shall adopt regulations, subject to the availability of 6
money in the Fund, to provide grants under the Fund. 7
(2) The regulations shall: 8
(i) Establish a Review Board to implement: 9
1. A competitive grant application process that prioritizes 10
applications that will accomplish the goals [of the Urban Agriculture section of the 2019 11
Baltimore Sustainability Plan] UNDER A LOCAL SUSTAINABILI TY PLAN and BENEFIT 12
historically disadvantaged urban farmers; 13
2. A system to fairly: 14
A. Evaluate each grant application; and 15
B. Award grants from money available in the Fund; and 16
3. A grant agreement to be used by the Review Board and 17
grant recipients; 18
(ii) Require the Review Board to include [members representing]: 19
1. The [Baltimore Office of Sustainability] SECRETARY, OR 20
THE SECRETARY’S DESIGNEE; 21
2. [The Baltimore Development Corporation] ONE 22
REPRESENTATIVE OF TH E MARYLAND AGRICULTURAL AND RESOURCE–BASED 23
INDUSTRY DEVELOPMENT CORPORATION (MARBIDCO), DESIGNATED BY THE 24
EXECUTIVE DIRECTOR OF MARBIDCO ; [and] 25
3. [The Department of Planning] ONE REPRESENTATIVE 26
OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 27
(NAACP), DESIGNATED BY THE MARYLAND STATE CONFERENCE OF NAACP; 28
4. TWO MEMBERS WHO PROVIDE DIRECT EDUCA TION 29
AND TRAINING TO URBA N FARMERS THROUGH A NONPROFIT ORGANIZATI ON OR AN 30 4 HOUSE BILL 1216
INSTITUTION OF HIGHE R EDUCATION; AND 1
5. AT LEAST FIVE MEMBERS WITH SUBSTAN TIAL 2
EXPERIENCE WORKING IN URBAN AGRICULTURE OR WITH SOCIALLY 3
DISADVANTAGED FARMER S WHO: 4
A. WORK IN CONJUNCTION T O PROVIDE EDUCATION TO 5
URBAN FARMERS ; AND 6
B. RESIDE IN ANNE ARUNDEL COUNTY, BALTIMORE 7
CITY, MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; 8
(iii) 1. Require that [more than 75%]: 9
A. AT LEAST 25% of the Review Board be composed of staff 10
representing an agency of Baltimore City; and 11
B. AT LEAST 25% OF THE REVIEW BOARD BE COMPOSED 12
OF MEMBERS REPRESENT ING A LOW–INCOME CENSUS TRACT , AS DEFINED BY THE 13
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ; AND 14
2. Require the remainder of the Review Board members to be 15
appointed by the Department, based on the member’s ability to help achieve the purpose of 16
the Program under § 2–2002(b) of this subtitle; 17
(iv) [Require grant recipients] FOR NONPR OFIT ORGANIZATIONS 18
THAT RECEIVE A GRANT FOR THE PURPOSE OF D ISTRIBUTING GRANT MO NEY TO 19
URBAN AGRICULTURAL P RODUCERS, REQUIRE THE NONPROFI T ORGANIZATION to 20
distribute at least [70%] 85% of the amount of the grant to urban agricultural producers 21
to: 22
1. Secure real property: 23
A. THAT HAS THE NECESSARY INFRAS TRUCTURE IN 24
PLACE TO GROW FOOD ; 25
B. FOR WHICH THE GRANTEE WILL BE THE STEWARD OF 26
THE REAL PROPERTY; AND 27
C. FOR WHICH NO T MORE THAN 20% OF THE GRANT 28
MONEY WILL BE USED T O SECURE THE REAL PR OPERTY; 29
2. Maintain safe, environmentally sustainable, and socially 30
responsible practices; and 31 HOUSE BILL 1216 5
3. [Support] MAKE CAPITAL IMPROVEM ENTS TO 1
SUPPORT viable urban agriculture enterprises; 2
(v) Require that grant applications demonstrate a measurable 3
impact on improving local food access or other community benefits; 4
(vi) [Require] FOR NONPROFIT ORGANIZ ATIONS THAT RECEIVE 5
A GRANT FOR THE PURP OSE OF DISTRIBUTING GRANT MONEY TO URBAN 6
AGRICULTURAL PRODUCE RS, REQUIRE at least [70%] 85% of the amount of each grant 7
to be distributed to [minority–owned or operated] urban agricultural producers LOCATED 8
IN LOW–INCOME CENSUS TRACTS OR DESIGNATED FOOD D ESERTS, OF WHICH AT 9
LEAST 25% OF THE GRANT MONEY SHALL BE DISTRIBUTED TO URBAN 10
AGRICULTURAL PRODUCE RS IN BALTIMORE CITY; and 11
(vii) Prohibit grant recipients from using more than [30%] 15% of the 12
amount of the grant for operating expenses. 13
(3) In adopting regulations in accordance with this subsection, the 14
Department shall seek and prioritize input from urban agriculture farms and farmer 15
advocates. 16
(i) On or before October 15 each year, beginning in 2023 and each year thereafter, 17
the Department shall submit a report to the Governor and, in accordance with § 2–1257 of 18
the State Government Article, the Senate Budget and Taxation Committee and the House 19
Appropriations Committee on the effectiveness of the funding provided under this section. 20
2–2004. 21
(a) A nonprofit organization OR AN INSTITUTION OF HIGHER EDUCATION is 22
qualified to receive a grant in accordance with this subtitle if the Department determines 23
[that the nonprofit organization]: 24
(1) [Is] WITH RESPECT TO A NON PROFIT ORGANIZATION , THAT THE 25
NONPROFIT ORGANIZATION IS incorporated or maintains its principal place of business 26
in [Baltimore City] AN URBAN AREA ; [and] 27
(2) [Works] THAT THE ENTITY WORKS to increase the viability of urban 28
farming and improve access to urban–grown foods; AND 29
(3) THAT THE ENTITY WILL PROVIDE DIRECT TRAINING AND 30
ONGOING TECHNICAL ASSISTANCE , IN ACCORDANCE WITH A PROGRAM THAT IS 31
CERTIFIED BY THE U.S. DEPARTMENT OF AGRICULTURE OR THE DEPARTMENT , TO 32
URBAN AGRICULTURAL P RODUCERS THAT RECEIV E A GRANT UNDER THIS 33
SUBTITLE. 34 6 HOUSE BILL 1216
(B) AN URBAN AGRICULTURAL PRODUCER IS QUALIFIE D TO RECEIVE A 1
GRANT IN ACCORDANCE WITH THIS SUBTITLE I F THE DEPARTMENT DETERMINES 2
THAT THE URBAN AGRIC ULTURAL PRODUCER WIL L COMPLETE: 3
(1) NEW FARMING TRAINING OR CONTINUING EDUCAT ION UNDER A 4
PROGRAM THAT IS CERTIFIED BY THE U.S. DEPARTMENT OF AGRICULTURE OR THE 5
DEPARTMENT ; AND 6
(2) 100 CONTACT HOURS DURING THE GRANT PERIOD TO PROVIDE 7
EDUCATION AND TRAINI NG RELATED TO URBAN AGRICULTURE TO ELEME NTARY 8
STUDENTS AND ELEMENTARY SCHOOLS. 9
[(b)] (C) Within 90 days after the end of a grant cycle, a qualified nonprofit 10
organization that received a grant in accordance with this subtitle shall submit a report to 11
the Department that includes the following information: 12
(1) The names and locations of urban agricultural producers that received 13
funds under the Program; 14
(2) The dollar amount of funds awarded to each urban agricultural 15
producer; and 16
(3) The impact of the Program on increasing the viability of urban farming 17
and improving access to urban–grown foods. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022. 20