EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0855*
HOUSE BILL 855
M4, C8 2lr1990
CF 2lr3144
By: Delegate Boyce
Introduced and read first time: February 7, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Agriculture – Urban Agriculture Water and Power Infrastructure Grant 2
Program and Fund – Establishment 3
FOR the purpose of establishing the Urban Agriculture Water and Power Infrastructure 4
Grant Program in the Department of Agriculture to increase the viability of urban 5
farming and community gardens and improve access to urban –grown foods; 6
establishing the Urban Agriculture Water and Power Infrastructure Grant Fund as 7
a special, nonlapsing fund; and generally relating to the Urban Agriculture Water 8
and Power Infrastructure Grant Program and Fund. 9
BY adding to 10
Article – Agriculture 11
Section 2–2101 through 2–2104 to be under the new subtitle “Subtitle 21. Urban 12
Agriculture Water and Power Infrastructure Grant Program” 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Tax – Property 17
Section 13–209(g)(4)(i)5. 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENER AL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Agriculture 23
SUBTITLE 21. URBAN AGRICULTURE WATER AND POWER INFRASTRUCTURE 24
GRANT PROGRAM. 25 2 HOUSE BILL 855
2–2101. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “FARM PRODUCT ” MEANS: 4
(1) ANY AGRICULTURAL , HORTICULTURAL , VEGETABLE, OR FRUIT 5
PRODUCT OF THE SOIL , WHETHER RAW OR CANNED, FROZEN, DRIED, PICKLED, OR 6
OTHERWISE PROCESSED ; 7
(2) LIVESTOCK, MEATS, MARINE FOOD PRODUCTS , POULTRY, EGGS, 8
OR DAIRY PRODUCTS ; 9
(3) WOOL, HIDES, FEATHERS, NUTS, OR HONEY; OR 10
(4) ANY PRODUCT OF FARM, FOREST, ORCHARD, GARDEN, OR WATER. 11
(C) “FUND” MEANS THE URBAN AGRICULTURE WATER AND POWER 12
INFRASTRUCTURE GRANT FUND. 13
(D) “PROGRAM” MEANS THE URBAN AGRICULTURE WATER AND POWER 14
INFRASTRUCTURE GRANT PROGRAM. 15
(E) “QUALIFIED NONPROFIT O RGANIZATION” MEANS A NONPROFIT 16
ORGANIZATION THAT OPERATES A FARM OR CO MMUNITY GARDEN IN AN URBAN 17
AREA OF THE STATE, AS DEFINED BY THE DEPARTMEN T. 18
(F) “URBAN AGRICULTURAL PR ODUCER” MEANS ANY PERSON THA T: 19
(1) ANNUALLY PRODUCES FARM PRODUC TS IN AN URBAN AREA OF 20
THE STATE, AS DEFINED BY THE DEPARTMENT ; AND 21
(2) SELLS, PLANS TO SELL , OR NORMALLY WOULD HA VE SOLD AT 22
LEAST $1,000 ANNUALLY OF FARM PRODUCTS PRODUCED FROM A FARM ING 23
OPERATION IN THE STATE. 24
2–2102. 25
(A) THERE IS AN URBAN AGRICULTURE WATER AND POWER 26
INFRASTRUCTURE GRANT PROGRAM IN THE DEPARTMENT . 27
HOUSE BILL 855 3
(B) THE PURPOSE OF THE PROGRAM IS TO INCREASE THE VIABILIT Y OF 1
URBAN FARMING AND COMMUNITY GARDENS AND IMPROVE ACCESS TO 2
URBAN–GROWN FOODS . 3
2–2103. 4
(A) THERE IS AN URBAN AGRICULTURE WATER AND POWER 5
INFRASTRUCTURE GRANT FUND. 6
(B) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS TO URBAN 7
AGRICULTURAL PRODUCE RS AND QUALIFIED NONPROFIT ORGANIZATI ONS FOR THE 8
PURCHASE AND INSTALL ATION OF: 9
(1) AGRICULTURE EQUIPMENT ASSOCIATED WITH WATER SUPPLY 10
AND IRRIGATION ; AND 11
(2) ELECTRIC POWER ACCESS . 12
(C) THE SECRETARY SHALL ADMINISTER THE FUND. 13
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 14
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 15
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 16
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 17
(E) THE FUND CONSISTS OF : 18
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 19
(2) MONEY APPROPRIATED TO THE FUND UNDER § 13–209 OF THE 20
TAX – PROPERTY ARTICLE; AND 21
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 22
THE BENEFIT OF THE FUND. 23
(F) THE FUND MAY BE USED ONLY FOR: 24
(1) PROVIDING UP TO 87.5% OF MATCHING FUNDS TO URBAN 25
AGRICULTURAL PRODUCE RS AND QUALIFIED NON PROFIT ORGANIZATIONS FOR THE 26
PURCHASE AND INSTALL ATION OF: 27
(I) WATER METERS ; 28 4 HOUSE BILL 855
(II) WATER PIPES; 1
(III) IRRIGATION HOSES ; 2
(IV) ELECTRIC METERS ; 3
(V) ELECTRICAL LINES ; OR 4
(VI) ANY OTHER EQUIPMENT A SSOCIATED WITH WATER SUPPLY 5
AND IRRIGATION OR ELECTRIC POWER ACCES S THE DEPARTMENT DETERMINES IS 6
APPROPRIATE ; AND 7
(2) ADMINISTRATIVE COSTS FOR THE DEPARTMENT TO ADMINIS TER 8
THE PROGRAM. 9
(G) ON OR BEFORE OCTOBER 15 EACH YEAR, BEGINNING IN 2024, THE 10
DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 11
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND 12
TAXATION COMMITTEE AND THE HOUSE APPROPRIATIONS COMMITTEE ON THE 13
EFFECTIVENESS OF THE FUNDING PROVIDED UND ER THIS SECTION. 14
2–2104. 15
THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THIS 16
SUBTITLE. 17
Article – Tax – Property 18
13–209. 19
(g) (4) (i) 5. FOR EACH OF FISCAL YE ARS 2024, 2025, 2026, AND 20
2027, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL A GENERAL 21
FUND APPROPRIATION OF $500,000 TO THE URBAN AGRICULTURE WATER AND 22
POWER INFRASTRUCTURE GRANT FUND ESTABLISHED UNDE R § 2–2103 OF THE 23
AGRICULTURE ARTICLE. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2022. 26