LAWRENCE J. HOGAN, JR., Governor Ch. 393
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Chapter 393
(House Bill 855)
AN ACT concerning
Agriculture – Urban Agriculture Water and Power Infrastructure Grant
Program and Fund – Establishment
FOR the purpose of establishing the Urban Agriculture Water and Power Infrastructure
Grant Program in the Department of Agriculture to increase the viability of urban
farming and community gardens and improve access to urban –grown foods;
establishing the Urban Agriculture Water and Power Infrastructure Grant Fund as
a special, nonlapsing fund; and generally relating to the Urban Agriculture Water
and Power Infrastructure Grant Program and Fund.
BY adding to
Article – Agriculture
Section 2–2101 through 2–2104 to be under the new subtitle “Subtitle 21. Urban
Agriculture Water and Power Infrastructure Grant Program”
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY adding to
Article – Tax – Property
Section 13–209(g)(4)(i)5.
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Agriculture
SUBTITLE 21. URBAN AGRICULTURE WATER AND POWER INFRASTRUCTURE
GRANT PROGRAM.
2–2101.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “FARM PRODUCT ” MEANS:
Ch. 393 2022 LAWS OF MARYLAND
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(1) ANY AGRICULTURAL , HORTICULTURAL , VEGETABLE, OR FRUIT
PRODUCT OF THE SOIL , WHETHER RAW OR CANNE D, FROZEN, DRIED, PICKLED, OR
OTHERWISE PROCESSED ;
(2) LIVESTOCK, MEATS, MARINE FOOD PRODUCTS , POULTRY, EGGS,
OR DAIRY PRODUCTS ;
(3) WOOL, HIDES, FEATHERS, NUTS, OR HONEY; OR
(4) ANY PRODUCT OF FARM , FOREST, ORCHARD, GARDEN, OR WATER.
(C) “FUND” MEANS THE URBAN AGRICULTURE WATER AND POWER
INFRASTRUCTURE GRANT FUND.
(D) “PROGRAM” MEANS THE URBAN AGRICULTURE WATER AND POWER
INFRASTRUCTURE GRANT PROGRAM.
(E) “QUALIFIED NONPROFIT O RGANIZATION” MEANS A NONPROFIT
ORGANIZATION THAT OP ERATES A FARM OR COM MUNITY GARDEN IN AN URBAN
AREA OF THE STATE, AS DEFINED BY THE DEPARTMENT DELINEATED AS AN URB AN
AREA BY THE U.S. CENSUS BUREAU.
(F) “URBAN AGRICULTURAL PR ODUCER” MEANS ANY PERSON THA T:
(1) ANNUALLY PRODUCES FAR M PRODUCTS IN AN URBAN AREA OF
THE STATE, AS DEFINED BY THE DEPARTMENT DELINEATED AS AN URB AN AREA BY
THE U.S. CENSUS BUREAU; AND
(2) SELLS, PLANS TO SELL , OR NORMALLY WOULD HA VE SOLD AT
LEAST $1,000 ANNUALLY OF FARM PRO DUCTS PRODUCED FROM A FARMING
OPERATION IN THE STATE.
2–2102.
(A) THERE IS AN URBAN AGRICULTURE WATER AND POWER
INFRASTRUCTURE GRANT PROGRAM IN THE DEPARTMENT .
(B) THE PURPOSE OF THE PROGRAM IS TO INCREAS E THE VIABILITY OF
URBAN FARMING AND CO MMUNITY GARDENS AND IMPROVE ACCESS TO
URBAN–GROWN FOODS .
2–2103.
LAWRENCE J. HOGAN, JR., Governor Ch. 393
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(A) THERE IS AN URBAN AGRICULTURE WATER AND POWER
INFRASTRUCTURE GRANT FUND.
(B) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS TO URBAN
AGRICULTURAL PRODUCE RS AND QUALIFIED NON PROFIT ORGANIZATIONS FOR THE
PURCHASE AND INSTALL ATION OF:
(1) AGRICULTURE EQUIPMENT ASSOCIATED WITH WATE R SUPPLY
AND IRRIGATION ; AND
(2) ELECTRIC POWER ACCESS .
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND.
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(E) THE FUND CONSISTS OF :
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
(2) MONEY APPROPRIATED TO THE FUND UNDER § 13–209 OF THE
TAX – PROPERTY ARTICLE; AND
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
(F) THE FUND MAY BE USED ONLY FOR:
(1) PROVIDING UP TO 87.5% OF MATCHING FUNDS TO URBAN
AGRICULTURAL PRODUCE RS AND QUALIF IED NONPROFIT ORGANI ZATIONS FOR THE
PURCHASE AND INSTALL ATION OF:
(I) WATER METERS ;
(II) WATER PIPES;
(III) IRRIGATION HOSES ;
(IV) ELECTRIC METERS ;
Ch. 393 2022 LAWS OF MARYLAND
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(V) ELECTRICAL LINES ; OR
(VI) ANY OTHER EQUIPMENT A SSOCIATED WITH WATER SUPPLY
AND IRRIGATION OR EL ECTRIC POWER ACCESS THE DEPARTMENT DETERMINES IS
APPROPRIATE ; AND
(2) ADMINISTRATIVE COSTS FOR THE DEPARTMENT TO ADMINIS TER
THE PROGRAM.
(G) ON OR BEFORE OCTOBER 15 EACH YEAR, BEGINNING IN 2024, THE
DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND
TAXATION COMMITTEE AND THE HOUSE APPROPRIATIONS COMMITTEE ON THE
EFFECTIVENESS OF THE FUNDING PROVIDE D UNDER THIS SECTION .
2–2104.
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS
SUBTITLE.
Article – Tax – Property
13–209.
(g) (4) (i) 5. FOR EACH OF FISCAL YE ARS 2024, 2025, 2026, AND
2027, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL A GENERAL
FUND APPROPRIATION OF $500,000 TO THE URBAN AGRICULTURE WATER AND
POWER INFRASTRUCTURE GRANT FUND ESTABLISHED UNDE R § 2–2103 OF THE
AGRICULTURE ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, May 16, 2022.