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*hb0855*
HOUSE BILL 855
M4, C8 (2lr1990)
ENROLLED BILL
— Environment and Transportation/Education, Health, and Environmental Affairs
and Budget and Taxation —
Introduced by Delegate Boyce
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 855
Annotated Code of Maryland 1
(2016 Replacement Volume and 2021 Supplement) 2
BY adding to 3
Article – Tax – Property 4
Section 13–209(g)(4)(i)5. 5
Annotated Code of Maryland 6
(2019 Replacement Volume and 2021 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Agriculture 10
SUBTITLE 21. URBAN AGRICULTURE WATER AND POWER INFRASTRUCTURE 11
GRANT PROGRAM. 12
2–2101. 13
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(B) “FARM PRODUCT ” MEANS: 16
(1) ANY AGRICULTURAL , HORTICULTURAL , VEGETABLE, OR FRUIT 17
PRODUCT OF THE SOIL , WHETHER RAW OR CANNED , FROZEN, DRIED, PICKLED, OR 18
OTHERWISE PROCESSED ; 19
(2) LIVESTOCK, MEATS, MARINE FOOD PRODUCTS , POULTRY, EGGS, 20
OR DAIRY PRODUCTS ; 21
(3) WOOL, HIDES, FEATHERS, NUTS, OR HONEY; OR 22
(4) ANY PRODUCT OF FARM , FOREST, ORCHARD, GARDEN, OR WATER. 23
(C) “FUND” MEANS THE URBAN AGRICULTURE WATER AND POWER 24
INFRASTRUCTURE GRANT FUND. 25
(D) “PROGRAM” MEANS THE URBAN AGRICULTURE WATER AND POWER 26
INFRASTRUCTURE GRANT PROGRAM. 27
(E) “QUALIFIED NONPROF IT ORGANIZATION ” MEANS A NONPROFIT 28
ORGANIZATION THAT OP ERATES A FARM OR COM MUNITY GARDEN IN AN URBAN 29
AREA OF THE STATE, AS DEFINED BY THE DEPARTMENT DELINEATED AS AN URB AN 30
AREA BY THE U.S. CENSUS BUREAU. 31 HOUSE BILL 855 3
(F) “URBAN AGRICULTURAL PR ODUCER” MEANS ANY PERSON THAT: 1
(1) ANNUALLY PRODUCES FAR M PRODUCTS IN AN URBAN AREA OF 2
THE STATE, AS DEFINED BY THE DEPARTMENT DELINEATED AS AN URB AN AREA BY 3
THE U.S. CENSUS BUREAU; AND 4
(2) SELLS, PLANS TO SELL , OR NORMALLY WOULD HA VE SOLD AT 5
LEAST $1,000 ANNUALLY OF FARM P RODUCTS PRODUCED FRO M A FARMING 6
OPERATION IN THE STATE. 7
2–2102. 8
(A) THERE IS AN URBAN AGRICULTURE WATER AND POWER 9
INFRASTRUCTURE GRANT PROGRAM IN THE DEPARTMENT . 10
(B) THE PURPOSE OF THE PROGRAM IS TO INCREAS E THE VIABILITY OF 11
URBAN FARMING AND CO MMUNITY GARDENS AND IMPROVE ACCESS TO 12
URBAN–GROWN FOODS . 13
2–2103. 14
(A) THERE IS AN URBAN AGRICULTURE WATER AND POWER 15
INFRASTRUCTURE GRANT FUND. 16
(B) THE PURPOSE OF THE FUND IS TO PROVIDE GRANTS TO URBAN 17
AGRICULTURAL PRODUCE RS AND QUALIFIED NON PROFIT ORGANIZATIONS FOR THE 18
PURCHASE AND INSTALL ATION OF: 19
(1) AGRICULTURE EQUIPMENT ASSOCIATED WITH WATE R SUPPLY 20
AND IRRIGATION ; AND 21
(2) ELECTRIC POWER ACCESS . 22
(C) THE SECRETARY SHALL ADMINISTER THE FUND. 23
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 24
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 26
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27
(E) THE FUND CONSISTS OF : 28
4 HOUSE BILL 855
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 1
(2) MONEY APPROPRIATED TO THE FUND UNDER § 13–209 OF THE 2
TAX – PROPERTY ARTICLE; AND 3
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 4
THE BENEFIT OF THE FUND. 5
(F) THE FUND MAY BE USED ONLY FOR: 6
(1) PROVIDING UP TO 87.5% OF MATCHING FUNDS TO URBAN 7
AGRICULTURAL PRODUCE RS AND QUALIFIED NON PROFIT ORGANIZATIONS FOR THE 8
PURCHASE AND INSTALL ATION OF: 9
(I) WATER METERS ; 10
(II) WATER PIPES; 11
(III) IRRIGATION HOSES ; 12
(IV) ELECTRIC METERS ; 13
(V) ELECTRICAL LINES ; OR 14
(VI) ANY OTHER EQUIPMENT A SSOCIATED WITH WATER SUPPLY 15
AND IRRIGATION OR EL ECTRIC POWER ACCESS THE DEPARTMENT DETERMINES IS 16
APPROPRIATE ; AND 17
(2) ADMINISTRATIVE COSTS FOR THE DEPARTMENT TO ADMINIS TER 18
THE PROGRAM. 19
(G) ON OR BEFORE OCTOBER 15 EACH YEAR, BEGINNING IN 2024, THE 20
DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 21
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND 22
TAXATION COMMITTEE AND THE HOUSE APPROPRIATIONS COMMITTEE ON THE 23
EFFECTIVENESS OF THE FUNDING PROVIDED UND ER THIS SECTION. 24
2–2104. 25
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 26
SUBTITLE. 27
Article – Tax – Property 28
HOUSE BILL 855 5
13–209. 1
(g) (4) (i) 5. FOR EACH OF FISCAL YE ARS 2024, 2025, 2026, AND 2
2027, THE GOVERNOR SHALL INCLUDE IN THE ANNUAL BUDGET BI LL A GENERAL 3
FUND APPROPRIATION OF $500,000 TO THE URBAN AGRICULTURE WATER AND 4
POWER INFRASTRUCTURE GRANT FUND ESTABLISHED UNDE R § 2–2103 OF THE 5
AGRICULTURE ARTICLE. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2022. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.