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.
*hb0855*
HOUSE BILL 855
M4, C8 2lr1990
CF SB 942
By: Delegate Boyce
Introduced and read first time: February 7, 2022
Assigned to: Environment and Transportation
Committee Report: Favorable
House action: Adopted
Read second time: March 13, 2022
CHAPTER ______
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 GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22 2 HOUSE BILL 855
Article – Agriculture 1
SUBTITLE 21. URBAN AGRICULTURE WATER AND POWER INFRASTRUCTURE 2
GRANT PROGRAM. 3
2–2101. 4
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(B) “FARM PRODUCT ” MEANS: 7
(1) ANY AGRICULTURAL , HORTICULTURAL , VEGETABLE, OR FRUIT 8
PRODUCT OF THE SOIL , WHETHER RAW OR CANNED, FROZEN, DRIED, PICKLED, OR 9
OTHERWISE PROCESSED ; 10
(2) LIVESTOCK, MEATS, MARINE FOOD PRODUCTS , POULTRY, EGGS, 11
OR DAIRY PRODUCTS ; 12
(3) WOOL, HIDES, FEATHERS, NUTS, OR HONEY; OR 13
(4) ANY PRODUCT OF FARM, FOREST, ORCHARD, GARDEN, OR WATER. 14
(C) “FUND” MEANS TH E URBAN AGRICULTURE WATER AND POWER 15
INFRASTRUCTURE GRANT FUND. 16
(D) “PROGRAM” MEANS THE URBAN AGRICULTURE WATER AND POWER 17
INFRASTRUCTURE GRANT PROGRAM. 18
(E) “QUALIFIED NONPROFIT O RGANIZATION” MEANS A NONPROFIT 19
ORGANIZATION THAT OPERATES A FARM OR CO MMUNITY GARDEN IN AN URBAN 20
AREA OF THE STATE, AS DEFINED BY THE DEPARTMENT . 21
(F) “URBAN AGRICULTURAL PR ODUCER” MEANS ANY PERSON THA T: 22
(1) ANNUALLY PRODUCES FARM PRODUC TS IN AN URBAN AREA OF 23
THE STATE, AS DEFINED BY THE DEPARTMENT ; AND 24
(2) SELLS, PLANS TO SELL , OR NORMALLY WOULD HA VE SOLD AT 25
LEAST $1,000 ANNUALLY OF FARM PRODUCTS PRODUCED FROM A FARM ING 26
OPERATION IN THE STATE. 27
2–2102. 28 HOUSE BILL 855 3
(A) THERE IS AN URBAN AGRICULTURE WATER AND POWER 1
INFRASTRUCTURE GRANT PROGRAM IN THE DEPARTMENT . 2
(B) THE PURPOSE OF THE PROGRAM IS TO INCREASE THE VIABILIT Y OF 3
URBAN FARMING AND CO MMUNITY GARDENS AND IMPROVE ACCESS TO 4
URBAN–GROWN FOODS . 5
2–2103. 6
(A) THERE IS AN URBAN AGRICULTURE WATER AND POWER 7
INFRASTRUCTURE GRANT FUND. 8
(B) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS TO URBAN 9
AGRICULTURAL PRODUCE RS AND QUALIFIED NONPROFIT ORGANIZATI ONS FOR THE 10
PURCHASE AND INSTALL ATION OF: 11
(1) AGRICULTURE EQUIPMENT ASSOCIATED WITH WATER SUPPLY 12
AND IRRIGATION ; AND 13
(2) ELECTRIC POWE R ACCESS. 14
(C) THE SECRETARY SHALL ADMINISTER THE FUND. 15
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 16
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 17
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 18
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 19
(E) THE FUND CONSISTS OF : 20
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 21
(2) MONEY APPROPRIATED TO THE FUND UNDER § 13–209 OF THE 22
TAX – PROPERTY ARTICLE; AND 23
(3) ANY OTHER MONEY FROM ANY OTHER SO URCE ACCEPTED FOR 24
THE BENEFIT OF THE FUND. 25
(F) THE FUND MAY BE USED ONLY FOR: 26
(1) PROVIDING UP TO 87.5% OF MATCHING FUNDS TO URBAN 27 4 HOUSE BILL 855
AGRICULTURAL PRODUCE RS AND QUALIFIED NON PROFIT ORGANIZATIONS FOR THE 1
PURCHASE AND INSTALL ATION OF: 2
(I) WATER METERS ; 3
(II) WATER PIPES; 4
(III) IRRIGATION HOSES ; 5
(IV) ELECTRIC METERS ; 6
(V) ELECTRICAL LINES ; OR 7
(VI) ANY OTHER EQUIPMENT A SSOCIATED WITH WATER SUPPLY 8
AND IRRIGATION OR ELECTRIC POWER ACCES S THE DEPARTMENT DETERMINES IS 9
APPROPRIATE; AND 10
(2) ADMINISTRATIVE COSTS FOR THE DEPARTMENT TO ADMINIS TER 11
THE PROGRAM. 12
(G) ON OR BEFORE OCTOBER 15 EACH YEAR, BEGINNING IN 2024, THE 13
DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 14
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND 15
TAXATION COMMITTEE AND THE HOUSE APPROPRIATIONS COMMITTEE ON THE 16
EFFECTIVENESS OF THE FUNDING PROVIDED UND ER THIS SECTION. 17
2–2104. 18
THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THIS 19
SUBTITLE. 20
Article – Tax – Property 21
13–209. 22
(g) (4) (i) 5. FOR EACH OF FISCAL YE ARS 2024, 2025, 2026, AND 23
2027, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL A GENERAL 24
FUND APPROPRIATION OF $500,000 TO THE URBAN AGRICULTURE WATER AND 25
POWER INFRASTRUCTURE GRANT FUND ESTABLISHED UNDE R § 2–2103 OF THE 26
AGRICULTURE ARTICLE. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2022. 29