EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1216*
HOUSE BILL 1216
M4 2lr2194
By: Delegate Wells
Introduced and read first time: February 11, 2022
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
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
2 HOUSE BILL 1216
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Agriculture 3
2–2001. 4
(a) In this subtitle the following words have the meanings indicated. 5
(E) “QUALIFIED APPLICANT ” MEANS AN AGRICULTURA L PRODUCER , A 6
NONPROFIT ORGANIZATI ON, OR AN INSTITUTION OF HIGHER EDUCATION THA T 7
MEETS THE QUALIFICAT IONS ESTABLISHED IN § 2–2004 OF THIS SUBTITLE. 8
[(e)] (F) “Urban agricultural producer” means any person that annually sells, or 9
normally would have sold, $1,000 or more of farm products in [Baltimore City] AN URBAN 10
AREA. 11
(G) “URBAN AREA” MEANS AN AREA OF THE STATE THAT IS DELINE ATED AS 12
AN URBAN AREA BY THE U.S. CENSUS BUREAU. 13
2–2002. 14
(a) There is an Urban Agriculture Grant Program in the Department. 15
(b) The purpose of the Program is to increase the viability of urban farming and 16
improve access to urban–grown foods. 17
2–2003. 18
(a) There is an Urban Agriculture Grant Fund. 19
(b) The purpose of the Fund is to provide grants to [nonprofit organizations in 20
Baltimore City] QUALIFIED APPLICANTS to implement the Program. 21
(c) The Secretary shall administer the Fund. 22
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 23
the State Finance and Procurement Article. 24
(2) The State Treasurer shall hold the Fund separately, and the 25
Comptroller shall account for the Fund. 26
(e) The Fund consists of: 27
(1) Money appropriated to the Fund under subsection (g) of this section; 28
and 29 HOUSE BILL 1216 3
(2) Any other money from any other source accepted for the benefit of the 1
Fund. 2
(f) In accordance with this subsection, the Fund shall be used to provide grants 3
to [nonprofit organizations that: 4
(1) Meet the qualifications established in § 2–2004 of this subtitle; and 5
(2) Distribute the grant money to urban agricultural producers in 6
accordance with this subtitle] QUALIFIED APPLICANTS . 7
(g) [The] FOR FISCAL YEAR 2024 EACH OF FISCAL YEARS 2024, 2025, 2026, 8
2027, AND 2028, THE Governor [may] SHALL include in the annual budget bill an 9
appropriation OF $5,000,000 $250,000 to the Fund. 10
(h) (1) The Department shall adopt regulations, subject to the availability of 11
money in the Fund, to provide grants under the Fund. 12
(2) The regulations shall: 13
(i) Establish a Review Board to implement: 14
1. A competitive grant application process that prioritizes 15
applications that will accomplish the goals [of the Urban Agriculture section of the 2019 16
Baltimore Sustainability Plan] UNDER A LOCAL SUSTAI NABILITY PLAN and BENEFIT 17
historically SOCIALLY disadvantaged urban farmers; 18
2. A system to fairly: 19
A. Evaluate each grant application; and 20
B. Award grants from money available in the Fund; and 21
3. A grant agreement to be used by the Review Board and 22
grant recipients; 23
(ii) Require the Review Board to include [members representing]: 24
1. The [Baltimore Office of Sustainability] SECRETARY, OR 25
THE SECRETARY’S DESIGNEE; 26
2. [The Baltimore Development Corporation ] ONE 27
REPRESENTATIVE OF TH E MARYLAND AGRICULTURAL AND RESOURCE–BASED 28
INDUSTRY DEVELOPMENT CORPORATION (MARBIDCO), DESIGNATED BY THE 29
EXECUTIVE DIRECTOR O F MARBIDCO ; [and] 30 4 HOUSE BILL 1216
3. [The Department of Planning] ONE REPRESENTATIVE 1
OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 2
(NAACP), DESIGNATED BY THE MARYLAND STATE CONFERENCE OF NAACP; 3
4. TWO MEMBERS WHO PROVI DE DIRECT EDUCATION 4
AND TRAINING TO URBA N FARMERS THROUGH A NONPROFIT ORGA NIZATION OR AN 5
INSTITUTION OF HIGHE R EDUCATION; AND 6
5. AT LEAST FIVE MEMBERS WITH SUBSTANTIAL 7
EXPERIENCE WORKING I N URBAN AGRICULTURE OR WITH SOCIALLY 8
DISADVANTAGED FARMER S WHO: 9
A. WORK IN CONJUNCTION T O PROVIDE EDUCATION TO 10
URBAN FARMERS ; AND 11
B. RESIDE RESIDE IN ANNE ARUNDEL COUNTY, 12
BALTIMORE CITY, MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; AND 13
6. A STAFF MEMBER OF THE BALTIMORE CITY 14
DEPARTMENT OF PLANNING APPOINTED BY THE DIRECTOR OF THE DEPARTMENT 15
OF PLANNING; 16
(iii) 1. Require that [more than 75%]: 17
A. AT LEAST 25% of the Review Board be composed of staff 18
representing an agency of Baltimore City; and 19
B. AT LEAST 25% TWO MEMBERS OF THE REVIEW 20
BOARD BE COMPOSED OF MEMBERS REPRESENTING A LOW–INCOME CENSUS TRACT , 21
AS DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ; 22
AND 23
2. Require the remainder of the Review Board members to be 24
appointed by the Department, based on the member’s ability to help achieve the purpose of 25
the Program under § 2–2002(b) of this subtitle; 26
(iv) [Require grant recipients] FOR NONPROFIT ORGANIZ ATIONS 27
THAT RECEIVE A GRANT FOR THE PURPOSE OF D ISTRIBUTING GRANT MO NEY TO 28
URBAN AGRICULTURAL P RODUCERS, REQUIRE THE NONPROFI T ORGANIZATION to 29
distribute at least [70%] 85% of the amount of the grant to urban agricultural producers 30
to: 31
1. Secure real property: 32
HOUSE BILL 1216 5
A. THAT HAS THE NECESSAR Y INFRASTRUCTURE IN 1
PLACE TO GROW FOOD ; 2
B. FOR WHICH THE GRANTEE WILL BE THE STEWARD OF 3
THE REAL PROPERTY ; AND 4
C. FOR WHICH NOT MORE THAN 20% OF THE GRANT 5
MONEY WILL BE USED T O SECURE THE REAL PR OPERTY; 6
2. Maintain safe, environmentally sustainable, and socially 7
responsible practices; and 8
3. [Support] MAKE CAPITAL IMPROVEM ENTS TO 9
SUPPORT viable urban agriculture enterprises; 10
(v) Require that grant applications demonstrate a measurable 11
impact on improving local food access or other community benefits; 12
(vi) [Require] FOR NONPROFIT ORGANIZ ATIONS THAT RECEIVE 13
A GRANT FOR THE PURP OSE OF DISTRIBUTING GRANT MONEY TO URBAN 14
AGRICULTURAL PRODUCE RS, REQUIRE at least [70%] 85% of the amount of each grant 15
to be distributed to [minority–owned or operated] urban agricultural producers LOCATED 16
IN LOW–INCOME CENSUS TRACTS OR DESIGNATED FOOD D ESERTS, OF WHICH AT 17
LEAST 25% OF THE GRANT MONEY S HALL BE DISTRIBUTED TO URBAN 18
AGRICULTURAL PRODUCE RS IN BALTIMORE CITY; and 19
(vii) Prohibit grant recipients from using more than [30%] 15% of the 20
amount of the grant for operating expenses. 21
(3) In adopting regulations in accordance with this subsection, the 22
Department shall seek and prioritize input from urban agriculture farms and farmer 23
advocates. 24
(i) On or before October 15 each year, beginning in 2023 and each year thereafter, 25
the Department shall submit a report to the Governor and, in accordance with § 2–1257 of 26
the State Government Article, the Senate Budget and Taxation Committee and the House 27
Appropriations Committee on the effectiveness of the funding provided under this section. 28
2–2004. 29
(a) A nonprofit organization OR AN INSTITUTION OF HIGHER EDUCATION is 30
qualified to receive a grant in accordance with this subtitle if the Department determines 31
[that the nonprofit organization]: 32
6 HOUSE BILL 1216
(1) [Is] WITH RESPECT TO A NON PROFIT ORGANIZATION , THAT THE 1
NONPROFIT ORGANIZATI ON IS incorporated or maintains its principal place of business 2
in [Baltimore City] AN URBAN AREA ; [and] 3
(2) [Works] THAT THE ENTITY WORKS to increase the viability of urban 4
farming and improve access to urban–grown foods; AND 5
(3) THAT THE ENTITY WILL PROVIDE DIRECT TRAIN ING AND 6
ONGOING TECHNICAL AS SISTANCE, IN ACCORDANCE WITH A PROGRAM THAT IS 7
CERTIFIED BY THE U.S. DEPARTMENT OF AGRICULTURE OR THE DEPARTMENT , TO 8
URBAN AGRICULTURA L PRODUCERS THAT REC EIVE A GRANT UNDER T HIS 9
SUBTITLE. 10
(B) AN URBAN AGRICULTURAL PRODUCER IS QUALIFIE D TO RECEIVE A 11
GRANT IN ACCORDANCE WITH THIS SUBTITLE I F THE DEPARTMENT DETERMINES 12
THAT THE URBAN AGRIC ULTURAL PRODUCER WIL L COMPLETE: 13
(1) NEW FARMING TRAINING OR CONTINUI NG EDUCATION UNDER A 14
PROGRAM THAT IS CERT IFIED BY THE U.S. DEPARTMENT OF AGRICULTURE OR THE 15
DEPARTMENT ; AND 16
(2) 100 CONTACT HOURS DURING THE GRANT PERIOD TO PROVIDE 17
EDUCATION AND TRAINI NG RELATED TO URBAN AGRICULTURE TO ELEME NTARY 18
STUDENTS AND ELEMENT ARY SCHOOLS A NEW FARMING TRAINI NG OR CONTINUING 19
EDUCATION PROGRAM . 20
[(b)] (C) Within 90 days after the end of a grant cycle, a qualified nonprofit 21
organization that received a grant in accordance with this subtitle shall submit a report to 22
the Department that includes the following information: 23
(1) The names and locations of urban agricultural producers that received 24
funds under the Program; 25
(2) The dollar amount of funds awarded to each urban agricultural 26
producer; and 27
(3) The impact of the Program on increasing the viability of urban farming 28
and improving access to urban–grown foods. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2022. 31