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.
*hb0147*
HOUSE BILL 147
M4, F1 2lr1036
(PRE–FILED) CF SB 121
By: Delegate Charkoudian Delegates Charkoudian, Amprey, Boyce, Foley,
Fraser–Hidalgo, Healey, Holmes, Jalisi, Lehman, Lierman, Love,
Prettyman, Ruth, Stewart, Terrasa, and Wells
Requested: October 29, 2021
Introduced and read first time: January 12, 2022
Assigned to: Environment and Transportation and Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
AN ACT concerning 1
Maryland Farms and Families Fund, Maryland Food and Agricultural 2
Resiliency Mechanism Grant Program, and Maryland Farm –to–School Meal 3
Grant Pilot Program – Alterations and Establishment 4
FOR the purpose of altering the purpose and use of the Maryland Farms and Families 5
Fund; establishing the Maryland Food and Agricultural Resiliency Mechanism 6
Grant Program and Fund; establishing the Maryland Farm–to–School Meal Grant 7
Pilot Program and Fund; and generally relating to the Maryland Farms and Families 8
Fund, the Maryland Food and Agricultural Resiliency Mechanism Grant Program 9
and Fund, and the Maryland Farm–to–School Meal Grant Pilot Program and Fund. 10
BY repealing and reenacting, without amendments, 11
Article – Agriculture 12
Section 10–2001 and 10–2002 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Agriculture 17
Section 10–2003 and 10–2004 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2021 Supplement) 20 2 HOUSE BILL 147
BY adding to 1
Article – Agriculture 2
Section 10–2101 through 10–2103 to be under the new subtitle “Subtitle 21. 3
Maryland Food and Agricultural Resiliency Mechanism Grant Program” 4
Annotated Code of Maryland 5
(2016 Replacement Volume and 2021 Supplement) 6
BY adding to 7
Article – Education 8
Section 9.11–101 through 9.11–103 to be under the new title “Title 9.11. Maryland 9
Farm–to–School Meal Grant Pilot Program” 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Agriculture 15
10–2001. 16
(a) In this subtitle the following words have the meanings indicated. 17
(b) “FMNP” means the federal Farmers Market Nutrition Program. 18
(c) “Fund” means the Maryland Farms and Families Fund. 19
(d) “Program” means the Maryland Farms and Families Program. 20
(e) “SNAP” means the federal Supplemental Nutrition Assistance Program. 21
(f) “WIC” means the federal Special Supplemental Food Program for Women, 22
Infants, and Children. 23
10–2002. 24
(a) There is a Maryland Farms and Families Program in the Department. 25
(b) The purpose of the Program is to double the purchasing power of food–insecure 26
Maryland residents with limited access to fresh fruits and vegetables and to increase 27
revenue for farmers through redemption of federal nutrition benefits at Maryland farmers 28
markets. 29
10–2003. 30
(a) There is a Maryland Farms and Families Fund. 31 HOUSE BILL 147 3
(b) The purpose of the Fund is to provide grants to: 1
(1) Nonprofit organizations that match purchases made with FMNP, 2
SNAP, and WIC benefits at participating farmers markets AND FARM STANDS ; 3
(2) Nonprofit farmers markets to implement the Program at the farmers 4
markets; and 5
(3) Local nonprofit organizations to implement the Program in partnership 6
with one or more participating local farmers markets. 7
(c) The Secretary shall administer the Fund. 8
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 9
the State Finance and Procurement Article. 10
(2) The State Treasurer shall hold the Fund separately, and the 11
Comptroller shall account for the Fund. 12
(e) The Fund consists of: 13
(1) Money appropriated in the State budget to the Fund; and 14
(2) Any other money from any other source accepted for the benefit of the 15
Fund. 16
(f) (1) In accordance with this subsection, the Fund shall be used to provide 17
grants to: 18
(i) Nonprofit organizations that: 19
1. Meet the qualifications established in § 10–2004 of this 20
subtitle; and 21
2. Distribute the grant money to farmers markets and local 22
nonprofit organizations in accordance with this subtitle; 23
(ii) Nonprofit farmers markets to implement the Program at the 24
farmers markets; and 25
(iii) Local nonprofit organizations to implement the Program in 26
partnership with one or more local farmers markets. 27
(2) A qualified nonprofit organization that receives a grant under this 28
section: 29
4 HOUSE BILL 147
(i) Shall distribute at least [70%] 60% of the grant money it receives 1
directly to participating farmers markets as FUNDING FOR LOCAL MA RKET ACCESS 2
COORDINATORS AND matching dollars for purchases made with FMNP, SNAP, and WIC 3
benefits; and 4
(ii) May not use more than [30%] 40% of the grant money it receives 5
for Program development, promotion and outreach, farmers market training and capacity 6
building, technical assistance, program data collection, evaluation, administration, and 7
reporting. 8
(g) (1) Subject to paragraph (2) of this subsection, [for fiscal year 2021 and 9
each fiscal year thereafter,] the Governor shall include in the annual budget bill an 10
appropriation [of $100,000] to the Fund AS FOLLOWS: 11
(I) FOR FISCAL YEARS 2021 THROUGH 2023, $100,000; AND 12
(II) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR 13
THEREAFTER , $300,000. 14
(2) The appropriation required under paragraph (1) of this subsection shall 15
be in addition to, and may not supplant, any funding appropriated to the Marketing and 16
Promotion Division in the Department. 17
10–2004. 18
(a) (1) A nonprofit organization is qualified to receive a grant in accordance 19
with this subtitle if the Department determines that the nonprofit organization has a 20
demonstrated record of: 21
(i) Designing and implementing successful healthy food incentive 22
programs that connect federal food benefits recipients with local producers; 23
(ii) Implementing funds distributing and reporting processes; 24
(iii) Providing training and technical assistance to farmers markets; 25
(iv) Conducting community outreach and data collection, including 26
customer surveys; and 27
(v) Providing a full accounting and administration of funds 28
distributed to farmers markets. 29
(2) In addition to the requirements under paragraph (1) of this subsection, 30
in awarding a grant in accordance with this subtitle, the Department may consider whether 31
the nonprofit organization has a demonstrated record of providing services in [food deserts] 32
HEALTHY FOOD PRIORITY AREAS. 33 HOUSE BILL 147 5
(b) Within 90 days after the end of a grant cycle, a qualified nonprofit 1
organization that received a grant in accordance with this subtitle shall submit a report to 2
the Department that includes the following information: 3
(1) The names and locations of Maryland farmers markets that received 4
funds under the Program; 5
(2) The dollar amount of funds awarded to each participating farmers 6
market; 7
(3) The dollar amount of FMNP, SNAP, and WIC benefits, and funds 8
provided under the Program that were spent at participating farmers markets, as well as 9
any unspent funds; 10
(4) The number of FMNP, SNAP, and WIC transactions carried out at 11
participating farmers markets; and 12
(5) The impact of the Program on increasing the quantity of fresh fruits 13
and vegetables consumed by FMNP, SNAP, and WIC families, as determined by customer 14
surveys. 15
SUBTITLE 21. MARYLAND FOOD AND AGRICULTURAL RESILIENCY MECHANISM 16
GRANT PROGRAM. 17
10–2101. 18
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEAN INGS 19
INDICATED. 20
(B) “FUND” MEANS THE MARYLAND FOOD AND AGRICULTURAL 21
RESILIENCY MECHANISM FUND. 22
(C) “MD FARM” MEANS THE MARYLAND FOOD AND AGRICULTURAL 23
RESILIENCY MECHANISM GRANT PROGRAM. 24
10–2102. 25
(A) THERE IS A MARYLAND FOOD AND AGRICULTURAL RESILIENCY 26
MECHANISM GRANT PROGRAM. 27
(B) THE PURPOSE OF MD FARM IS TO BUILD FOOD SYS TEM RESILIENCY BY 28
LEVERAGING MARYLAND AGRICULTURAL PRODUCTS AND SERVICE S TO SUPPORT 29
THE STATE’S FOOD BANKS AND CHA RITABLE EMERGENCY FO OD PROVIDERS TO 30
ALLEVIATE FOOD INSEC URITY. 31
6 HOUSE BILL 147
10–2103. 1
(A) (1) THERE IS A MARYLAND FOOD AND AGRICULTURAL RESILIENCY 2
MECHANISM FUND IN THE DEPARTMENT . 3
(2) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS TO FOOD 4
BANKS AND CHARITABLE EMERGENCY FOOD PROVI DERS FOR: 5
(I) THE PROCUREMENT OF SU RPLUS, SEASONAL, OR 6
CONTRACTUAL AGRICULT URAL FOOD PRODUCTS ; 7
(II) THE PROCESSING AND PR EPARATION OF AGRICUL TURAL 8
FOOD PRODUCTS FOR DI STRIBUTION; AND 9
(III) THE TRANSPORTATION OF AGRICULTURAL FOOD 10
PRODUCTS. 11
(B) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 12
(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 13
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 14
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 15
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 16
(D) THE FUND CONSISTS O F: 17
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 18
AND 19
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 20
THE BENEFIT OF THE FUND. 21
(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FUND 22
SHALL BE USED TO PRO VIDE GRANTS TO FOOD BANKS AND CHARITABLE 23
EMERGENCY FOOD PROVI DERS FOR: 24
(I) THE PROCUREMENT OF SU RPLUS, SEASONAL, OR 25
CONTRACTUAL AGRICULT URAL FOOD PRODUCTS ; 26
(II) THE PROCESSING AND PR EPARATION OF AGRICUL TURAL 27
FOOD PRODUCTS FOR DI STRIBUTION; AND 28
HOUSE BILL 147 7
(III) THE TRANSPORTATION OF AG RICULTURAL FOOD 1
PRODUCTS. 2
(2) A FOOD BANK OR CHARITA BLE EMERGENCY FOOD P ROVIDER MAY 3
USE GRANT MONEY ONLY FOR FOOD PRODUCTS AN D SERVICES SOURCED F ROM THE 4
STATE. 5
(F) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE 6
GOVERNOR SHALL INCLUDE IN THE ANNUAL BUDGET BILL A N APPROPRIATION OF 7
$1,250,000 $200,000 TO THE FUND. 8
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
as follows: 10
Article – Education 11
TITLE 9.11. MARYLAND FARM–TO–SCHOOL MEAL GRANT PILOT PROGRAM. 12
9.11–101. 13
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 14
INDICATED. 15
(B) “FUND” MEANS THE MARYLAND FARM–TO–SCHOOL MEAL GRANT 16
FUND. 17
(C) “LOCAL” MEANS AN AGRICULTURA L PRODUCT GROWN , HARVESTED, 18
PRODUCED, OR PROCESSED FROM A CERTIFIED LOCAL FARM ENTERPRISE . 19
(D) “PILOT PROGRAM ” MEANS THE MARYLAND FARM–TO–SCHOOL MEAL 20
GRANT PILOT PROGRAM. 21
9.11–102. 22
(A) THERE IS A MARYLAND FARM–TO–SCHOOL MEAL GRANT PILOT 23
PROGRAM IN THE DEPARTMENT . 24
(B) THE PURPOSE OF THE PI LOT PROGRAM IS TO IN CENTIVIZE THE 25
PRODUCTION , PROCUREMENT , AND PROVISION OF LOC AL FOODS IN SCHOOL M EALS 26
BY AWARDING GRANTS I N ACCORDANCE WITH TH IS TITLE. 27
9.11–103. 28
(A) THERE IS A MARYLAND FARM–TO–SCHOOL MEAL GRANT FUND. 29
8 HOUSE BILL 147
(B) THE DEPARTMENT , IN COORDINATION WITH THE DEPARTMENT OF 1
AGRICULTURE , SHALL ADMINISTER THE FUND. 2
(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 3
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 4
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 5
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 6
(D) THE FUND CONSISTS OF : 7
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 8
AND 9
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 10
THE BENEFIT OF THE FUND. 11
(E) (1) THE FUND SHALL BE USED TO AWARD GRANTS TO ELIG IBLE 12
SCHOOL DISTRICTS TO IMPLEMENT THE MARYLAND FARM–TO–SCHOOL MEAL 13
GRANT PILOT PROGRAM. 14
(2) A LOCAL SCHOOL DISTRIC T IS ELIGIBLE TO REC EIVE A GRANT 15
AWARD FROM THE FUND IF THE LOCAL SCH OOL DISTRICT OPERATE S 16
REIMBURSABLE FEDERAL NUTRITION PROGRAMS . 17
(F) (1) THE DEPARTMENT SHALL AWAR D GRANTS FROM THE FUND IN 18
ACCORDANCE WITH THIS SECTION TO ELIGIBLE LOCAL SCHOOL DISTRIC TS IN AN 19
AMOUNT EQUIVALENT TO 20 CENTS FOR EACH MEAL SERVED IN THE LOCAL SCHOOL 20
DISTRICT THAT INCLUD ES THAT THE SCHOOL DIST RICT EXPECTS TO OFFE R THAT 21
WILL INCLUDE A LOCAL FOOD COMPONE NT. 22
(2) THE LOCAL SCHOOL DIST RICT MAY DETERMINE T HE MEALS, 23
PARTICIPATING SCHOOL S, AND TIME FRAME FOR W HICH THE LOCAL SCHOO L 24
DISTRICT MAY INCLUDE A LOCAL FOOD COMPONE NT. 25
(3) IN DETERMINING THE AM OUNT OF A GRANT AWARD, THE 26
DEPARTMENT SHALL MULT IPLY THE PREVIOUS FI SCAL YEAR’S MEAL COUNT FOR 27
THE DETERMINED ELIGI BLE MEALS AND PARTIC IPATING SCHOOLS BY T HE NUMBER 28
OF DAYS IN THE DETER MINED TIME FRAME AND MULTIPLY THIS PRODUC T BY 20 29
CENTS. 30
(4) A LOCAL SCHOOL DISTRIC T MAY USE GRANT MONEY FOR THE 31
PURCHASE, PROCESSING, PROCUREMENT , STAFFING, OR INFRASTRUCTURE 32 HOUSE BILL 147 9
INVESTMENTS NEEDED T O MEET THE NUMBER OF MEALS WITH A LOCAL F OOD 1
COMPONENT . 2
(G) IN AWARDING GRANTS UN DER THIS SECTION , THE DEPARTMENT SHALL 3
PRIORITIZE LOCAL SCHOOL DISTRICTS THA T: 4
(1) DEMONSTRATE HOW MEAL REIMBURSEMENTS WOULD SUPPORT 5
THE DEVELOPMENT , CULTIVATION, AND LONGSTANDING COM MITMENT TO THE 6
INCORPORATION OF LOC AL FOOD COMPONENTS I NTO SCHOOL MEALS ; AND 7
(2) DEMONSTRATE ARRANGEME NTS THAT SUPPORT MIN ORITY OR 8
SOCIALLY DISADVANTAG ED PRODUCERS , PROCESSORS , DISTRIBUTORS , OR 9
BUSINESSES. 10
(H) FOR FISCAL YEARS 2024 AND 2025, THE GOVERNOR SHALL INCLUD E IN 11
THE ANNUAL BUDGET BI LL AN APPROPRIATION OF AT LEAST $500,000 TO THE 12
FUND. 13
(I) (1) ON OR BEFORE JULY 1, 2023, AND JULY 1, 2024, IN ACCORDANCE 14
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE DEPARTMENT SHALL 15
SUBMIT AN INTERIM RE PORT TO THE GENERAL ASSEMBLY THAT PROVIDE S AN 16
EVALUATION OF THE PI LOT PROGRAM . 17
(2) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT SH ALL SUBMIT 18
A FINAL REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 19
ARTICLE, TO THE GENERAL ASSEMBLY ON THE PILOT PROGRAM, INCLUDING A 20
RECOMMENDATION ON WH ETHER OR NOT THE PIL OT PROGRAM SHOULD BE 21
CONTINUED. 22
SECTION 3. AND BE IT FURTHER ENACTED , That it is the intent of the General 23
Assembly: 24
(1) to encourage counties and municipalities to contribute supplemental 25
financial support to nonprofit organizations that are supported by the Maryland Farms and 26
Families Fund established under § 10–2003 of the Agriculture Article to help increase the 27
reach and capacity of the federal Farmers Market Nutrition Program to serve food–insecure 28
individuals and families as well as participating farmers; and 29
(2) that any financial support provided by a county or municipality in 30
accordance with item (1) of this section be used as follows: 31
(i) 80% for distribution to participating farmers markets within the 32
local jurisdiction as matching funds for purchases made with benefits under the Farmers 33
Market Nutrition Program, Supplemental Nutrition Assistance Program, and Special 34 10 HOUSE BILL 147
Supplemental Food Program for Women, Infants, and Children and, if available, local 1
market access coordination; and 2
(ii) 20% for retention by the nonprofit organization for program 3
development, promotion and outreach, training, data collection, and administrative costs. 4
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2022. Section 2 of this Act shall remain effective for a period of 4 years and, at the end of 6
June 30, 2026, Section 2 of this Act, with no further action required by the General 7
Assembly, shall be abrogated and of no further force and effect. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.