MD
Maryland House Bill HB855

Maryland 2022 Regular Session

Maryland House Bill HB855 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 393
21
3-– 1 –
4-Chapter 393
5-(House Bill 855)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0855*
810
9-Agriculture – Urban Agriculture Water and Power Infrastructure Grant
10-Program and Fund – Establishment
11+HOUSE BILL 855
12+M4, C8 (2lr1990)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Health, and Environmental Affairs
15+and Budget and Taxation —
16+Introduced by Delegate Boyce
1117
12-FOR the purpose of establishing the Urban Agriculture Water and Power Infrastructure
13-Grant Program in the Department of Agriculture to increase the viability of urban
14-farming and community gardens and improve access to urban –grown foods;
15-establishing the Urban Agriculture Water and Power Infrastructure Grant Fund as
16-a special, nonlapsing fund; and generally relating to the Urban Agriculture Water
17-and Power Infrastructure Grant Program and Fund.
18+Read and Examined by Proofreaders:
1819
19-BY adding to
20- Article – Agriculture
21-Section 2–2101 through 2–2104 to be under the new subtitle “Subtitle 21. Urban
22-Agriculture Water and Power Infrastructure Grant Program”
23- Annotated Code of Maryland
24- (2016 Replacement Volume and 2021 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
2524
26-BY adding to
27- Article – Tax – Property
28-Section 13–209(g)(4)(i)5.
29- Annotated Code of Maryland
30- (2019 Replacement Volume and 2021 Supplement)
25+Sealed with the Great Seal and presented to the Governor, for his approval this
3126
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
27+_______ day of _______________ at ________________________ o’clock, ________M.
3428
35-Article – Agriculture
29+______________________________________________
30+Speaker.
3631
37-SUBTITLE 21. URBAN AGRICULTURE WATER AND POWER INFRASTRUCTURE
38-GRANT PROGRAM.
32+CHAPTER ______
3933
40-2–2101.
34+AN ACT concerning 1
4135
42- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
43-INDICATED.
36+Agriculture – Urban Agriculture Water and Power Infrastructure Grant 2
37+Program and Fund – Establishment 3
4438
45- (B) “FARM PRODUCT ” MEANS:
46- Ch. 393 2022 LAWS OF MARYLAND
39+FOR the purpose of establishing the Urban Agriculture Water and Power Infrastructure 4
40+Grant Program in the Department of Agriculture to increase the viability of urban 5
41+farming and community gardens and improve access to urban –grown foods; 6
42+establishing the Urban Agriculture Water and Power Infrastructure Grant Fund as 7
43+a special, nonlapsing fund; and generally relating to the Urban Agriculture Water 8
44+and Power Infrastructure Grant Program and Fund. 9
4745
48-– 2 –
49- (1) ANY AGRICULTURAL , HORTICULTURAL , VEGETABLE, OR FRUIT
50-PRODUCT OF THE SOIL , WHETHER RAW OR CANNE D, FROZEN, DRIED, PICKLED, OR
51-OTHERWISE PROCESSED ;
46+BY adding to 10
47+ Article – Agriculture 11
48+Section 2–2101 through 2–2104 to be under the new subtitle “Subtitle 21. Urban 12
49+Agriculture Water and Power Infrastructure Grant Program” 13 2 HOUSE BILL 855
5250
53- (2) LIVESTOCK, MEATS, MARINE FOOD PRODUCTS , POULTRY, EGGS,
54-OR DAIRY PRODUCTS ;
5551
56- (3) WOOL, HIDES, FEATHERS, NUTS, OR HONEY; OR
52+ Annotated Code of Maryland 1
53+ (2016 Replacement Volume and 2021 Supplement) 2
5754
58- (4) ANY PRODUCT OF FARM , FOREST, ORCHARD, GARDEN, OR WATER.
55+BY adding to 3
56+ Article – Tax – Property 4
57+Section 13–209(g)(4)(i)5. 5
58+ Annotated Code of Maryland 6
59+ (2019 Replacement Volume and 2021 Supplement) 7
5960
60- (C) “FUND” MEANS THE URBAN AGRICULTURE WATER AND POWER
61-INFRASTRUCTURE GRANT FUND.
61+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
62+That the Laws of Maryland read as follows: 9
6263
63- (D) “PROGRAM” MEANS THE URBAN AGRICULTURE WATER AND POWER
64-INFRASTRUCTURE GRANT PROGRAM.
64+Article – Agriculture 10
6565
66- (E) “QUALIFIED NONPROFIT O RGANIZATION” MEANS A NONPROFIT
67-ORGANIZATION THAT OP ERATES A FARM OR COM MUNITY GARDEN IN AN URBAN
68-AREA OF THE STATE, AS DEFINED BY THE DEPARTMENT DELINEATED AS AN URB AN
69-AREA BY THE U.S. CENSUS BUREAU.
66+SUBTITLE 21. URBAN AGRICULTURE WATER AND POWER INFRASTRUCTURE 11
67+GRANT PROGRAM. 12
7068
71- (F) “URBAN AGRICULTURAL PR ODUCER” MEANS ANY PERSON THA T:
69+2–2101. 13
7270
73- (1) ANNUALLY PRODUCES FAR M PRODUCTS IN AN URBAN AREA OF
74-THE STATE, AS DEFINED BY THE DEPARTMENT DELINEATED AS AN URB AN AREA BY
75-THE U.S. CENSUS BUREAU; AND
71+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 14
72+INDICATED. 15
7673
77- (2) SELLS, PLANS TO SELL , OR NORMALLY WOULD HA VE SOLD AT
78-LEAST $1,000 ANNUALLY OF FARM PRO DUCTS PRODUCED FROM A FARMING
79-OPERATION IN THE STATE.
74+ (B) “FARM PRODUCT ” MEANS: 16
8075
81-2–2102.
76+ (1) ANY AGRICULTURAL , HORTICULTURAL , VEGETABLE, OR FRUIT 17
77+PRODUCT OF THE SOIL , WHETHER RAW OR CANNED , FROZEN, DRIED, PICKLED, OR 18
78+OTHERWISE PROCESSED ; 19
8279
83- (A) THERE IS AN URBAN AGRICULTURE WATER AND POWER
84-INFRASTRUCTURE GRANT PROGRAM IN THE DEPARTMENT .
80+ (2) LIVESTOCK, MEATS, MARINE FOOD PRODUCTS , POULTRY, EGGS, 20
81+OR DAIRY PRODUCTS ; 21
8582
86- (B) THE PURPOSE OF THE PROGRAM IS TO INCREAS E THE VIABILITY OF
87-URBAN FARMING AND CO MMUNITY GARDENS AND IMPROVE ACCESS TO
88-URBAN–GROWN FOODS .
83+ (3) WOOL, HIDES, FEATHERS, NUTS, OR HONEY; OR 22
8984
90-2–2103.
91- LAWRENCE J. HOGAN, JR., Governor Ch. 393
85+ (4) ANY PRODUCT OF FARM , FOREST, ORCHARD, GARDEN, OR WATER. 23
9286
93-– 3 –
94- (A) THERE IS AN URBAN AGRICULTURE WATER AND POWER
95-INFRASTRUCTURE GRANT FUND.
87+ (C) “FUND” MEANS THE URBAN AGRICULTURE WATER AND POWER 24
88+INFRASTRUCTURE GRANT FUND. 25
9689
97- (B) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS TO URBAN
98-AGRICULTURAL PRODUCE RS AND QUALIFIED NON PROFIT ORGANIZATIONS FOR THE
99-PURCHASE AND INSTALL ATION OF:
90+ (D) “PROGRAM” MEANS THE URBAN AGRICULTURE WATER AND POWER 26
91+INFRASTRUCTURE GRANT PROGRAM. 27
10092
101- (1) AGRICULTURE EQUIPMENT ASSOCIATED WITH WATE R SUPPLY
102-AND IRRIGATION ; AND
93+ (E) “QUALIFIED NONPROF IT ORGANIZATION ” MEANS A NONPROFIT 28
94+ORGANIZATION THAT OP ERATES A FARM OR COM MUNITY GARDEN IN AN URBAN 29
95+AREA OF THE STATE, AS DEFINED BY THE DEPARTMENT DELINEATED AS AN URB AN 30
96+AREA BY THE U.S. CENSUS BUREAU. 31 HOUSE BILL 855 3
10397
104- (2) ELECTRIC POWER ACCESS .
10598
106- (C) THE SECRETARY SHALL ADMIN ISTER THE FUND.
10799
108- (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
109-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
100+ (F) “URBAN AGRICULTURAL PR ODUCER” MEANS ANY PERSON THAT: 1
110101
111- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
112-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
102+ (1) ANNUALLY PRODUCES FAR M PRODUCTS IN AN URBAN AREA OF 2
103+THE STATE, AS DEFINED BY THE DEPARTMENT DELINEATED AS AN URB AN AREA BY 3
104+THE U.S. CENSUS BUREAU; AND 4
113105
114- (E) THE FUND CONSISTS OF :
106+ (2) SELLS, PLANS TO SELL , OR NORMALLY WOULD HA VE SOLD AT 5
107+LEAST $1,000 ANNUALLY OF FARM P RODUCTS PRODUCED FRO M A FARMING 6
108+OPERATION IN THE STATE. 7
115109
116- (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
110+2–2102. 8
117111
118- (2) MONEY APPROPRIATED TO THE FUND UNDER § 13–209 OF THE
119-TAX – PROPERTY ARTICLE; AND
112+ (A) THERE IS AN URBAN AGRICULTURE WATER AND POWER 9
113+INFRASTRUCTURE GRANT PROGRAM IN THE DEPARTMENT . 10
120114
121- (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
122-THE BENEFIT OF THE FUND.
115+ (B) THE PURPOSE OF THE PROGRAM IS TO INCREAS E THE VIABILITY OF 11
116+URBAN FARMING AND CO MMUNITY GARDENS AND IMPROVE ACCESS TO 12
117+URBAN–GROWN FOODS . 13
123118
124- (F) THE FUND MAY BE USED ONLY FOR:
119+2–2103. 14
125120
126- (1) PROVIDING UP TO 87.5% OF MATCHING FUNDS TO URBAN
127-AGRICULTURAL PRODUCE RS AND QUALIF IED NONPROFIT ORGANI ZATIONS FOR THE
128-PURCHASE AND INSTALL ATION OF:
121+ (A) THERE IS AN URBAN AGRICULTURE WATER AND POWER 15
122+INFRASTRUCTURE GRANT FUND. 16
129123
130- (I) WATER METERS ;
124+ (B) THE PURPOSE OF THE FUND IS TO PROVIDE GRANTS TO URBAN 17
125+AGRICULTURAL PRODUCE RS AND QUALIFIED NON PROFIT ORGANIZATIONS FOR THE 18
126+PURCHASE AND INSTALL ATION OF: 19
131127
132- (II) WATER PIPES;
128+ (1) AGRICULTURE EQUIPMENT ASSOCIATED WITH WATE R SUPPLY 20
129+AND IRRIGATION ; AND 21
133130
134- (III) IRRIGATION HOSES ;
131+ (2) ELECTRIC POWER ACCESS . 22
135132
136- (IV) ELECTRIC METERS ;
137- Ch. 393 2022 LAWS OF MARYLAND
133+ (C) THE SECRETARY SHALL ADMINISTER THE FUND. 23
138134
139-– 4 –
140- (V) ELECTRICAL LINES ; OR
135+ (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 24
136+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
141137
142- (VI) ANY OTHER EQUIPMENT A SSOCIATED WITH WATER SUPPLY
143-AND IRRIGATION OR EL ECTRIC POWER ACCESS THE DEPARTMENT DETERMINES IS
144-APPROPRIATE ; AND
138+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 26
139+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27
145140
146- (2) ADMINISTRATIVE COSTS FOR THE DEPARTMENT TO ADMINIS TER
147-THE PROGRAM.
141+ (E) THE FUND CONSISTS OF : 28
142+ 4 HOUSE BILL 855
148143
149- (G) ON OR BEFORE OCTOBER 15 EACH YEAR, BEGINNING IN 2024, THE
150-DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE
151-WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND
152-TAXATION COMMITTEE AND THE HOUSE APPROPRIATIONS COMMITTEE ON THE
153-EFFECTIVENESS OF THE FUNDING PROVIDE D UNDER THIS SECTION .
154144
155-2–2104.
145+ (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 1
156146
157- THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS
158-SUBTITLE.
147+ (2) MONEY APPROPRIATED TO THE FUND UNDER § 13–209 OF THE 2
148+TAX – PROPERTY ARTICLE; AND 3
159149
160-Article – Tax – Property
150+ (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 4
151+THE BENEFIT OF THE FUND. 5
161152
162-13–209.
153+ (F) THE FUND MAY BE USED ONLY FOR: 6
163154
164- (g) (4) (i) 5. FOR EACH OF FISCAL YE ARS 2024, 2025, 2026, AND
165-2027, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL A GENERAL
166-FUND APPROPRIATION OF $500,000 TO THE URBAN AGRICULTURE WATER AND
167-POWER INFRASTRUCTURE GRANT FUND ESTABLISHED UNDE R § 2–2103 OF THE
168-AGRICULTURE ARTICLE.
155+ (1) PROVIDING UP TO 87.5% OF MATCHING FUNDS TO URBAN 7
156+AGRICULTURAL PRODUCE RS AND QUALIFIED NON PROFIT ORGANIZATIONS FOR THE 8
157+PURCHASE AND INSTALL ATION OF: 9
169158
170- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
171-October 1, 2022.
159+ (I) WATER METERS ; 10
172160
173-Approved by the Governor, May 16, 2022.
161+ (II) WATER PIPES; 11
162+
163+ (III) IRRIGATION HOSES ; 12
164+
165+ (IV) ELECTRIC METERS ; 13
166+
167+ (V) ELECTRICAL LINES ; OR 14
168+
169+ (VI) ANY OTHER EQUIPMENT A SSOCIATED WITH WATER SUPPLY 15
170+AND IRRIGATION OR EL ECTRIC POWER ACCESS THE DEPARTMENT DETERMINES IS 16
171+APPROPRIATE ; AND 17
172+
173+ (2) ADMINISTRATIVE COSTS FOR THE DEPARTMENT TO ADMINIS TER 18
174+THE PROGRAM. 19
175+
176+ (G) ON OR BEFORE OCTOBER 15 EACH YEAR, BEGINNING IN 2024, THE 20
177+DEPARTMENT SHALL SUBM IT A REPORT TO THE GOVERNOR AND , IN ACCORDANCE 21
178+WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND 22
179+TAXATION COMMITTEE AND THE HOUSE APPROPRIATIONS COMMITTEE ON THE 23
180+EFFECTIVENESS OF THE FUNDING PROVIDED UND ER THIS SECTION. 24
181+
182+2–2104. 25
183+
184+ THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 26
185+SUBTITLE. 27
186+
187+Article – Tax – Property 28
188+ HOUSE BILL 855 5
189+
190+
191+13–209. 1
192+
193+ (g) (4) (i) 5. FOR EACH OF FISCAL YE ARS 2024, 2025, 2026, AND 2
194+2027, THE GOVERNOR SHALL INCLUDE IN THE ANNUAL BUDGET BI LL A GENERAL 3
195+FUND APPROPRIATION OF $500,000 TO THE URBAN AGRICULTURE WATER AND 4
196+POWER INFRASTRUCTURE GRANT FUND ESTABLISHED UNDE R § 2–2103 OF THE 5
197+AGRICULTURE ARTICLE. 6
198+
199+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
200+October 1, 2022. 8
201+
202+
203+
204+
205+Approved:
206+________________________________________________________________________________
207+ Governor.
208+________________________________________________________________________________
209+ Speaker of the House of Delegates.
210+________________________________________________________________________________
211+ President of the Senate.