EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0121*
SENATE BILL 121
M4, F1 2lr1037
(PRE–FILED) CF HB 147
By: Senator Hester
Requested: October 29, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Maryland Farms and Families Fund, Maryland Food and Agricultural 2
Resiliency Mechanism Grant Program, and Maryland Farm –to–School Meal 3
Grant Pilot Program – Alterations and Establishment 4
FOR the purpose of altering the purpose and use of the Maryland Farms and Families 5
Fund; establishing the Maryland Food and Agricultural Resiliency Mechanism 6
Grant Program and Fund; establishing the Maryland Farm–to–School Meal Grant 7
Pilot Program and Fund; and generally relating to the Maryland Farms and Families 8
Fund, the Maryland Food and Agricultural Resiliency Mechanism Grant Program 9
and Fund, and the Maryland Farm–to–School Meal Grant Pilot Program and Fund. 10
BY repealing and reenacting, without amendments, 11
Article – Agriculture 12
Section 10–2001 and 10–2002 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Agriculture 17
Section 10–2003 and 10–2004 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2021 Supplement) 20
BY adding to 21
Article – Agriculture 22
Section 10–2101 through 10–2103 to be under the new subtitle “Subtitle 21. 23
Maryland Food and Agricultural Resiliency Mechanism Grant Program” 24
Annotated Code of Maryland 25
(2016 Replacement Volume and 2021 Supplement) 26
2 SENATE BILL 121
BY adding to 1
Article – Education 2
Section 9.11–101 through 9.11–103 to be under the new title “Title 9.11. Maryland 3
Farm–to–School Meal Grant Pilot Program” 4
Annotated Code of Maryland 5
(2018 Replacement Volume and 2021 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Agriculture 9
10–2001. 10
(a) In this subtitle the following words have the meanings indicated. 11
(b) “FMNP” means the federal Farmers Market Nutrition Program. 12
(c) “Fund” means the Maryland Farms and Families Fund. 13
(d) “Program” means the Maryland Farms and Families Program. 14
(e) “SNAP” means the federal Supplemental Nutrition Assistance Program. 15
(f) “WIC” means the federal Special Supplemental Food Program for Women, 16
Infants, and Children. 17
10–2002. 18
(a) There is a Maryland Farms and Families Program in the Department. 19
(b) The purpose of the Program is to double the purchasing power of food–insecure 20
Maryland residents with limited access to fresh fruits and vegetables and to increase 21
revenue for farmers through redemption of federal nutrition benefits at Maryland farmers 22
markets. 23
10–2003. 24
(a) There is a Maryland Farms and Families Fund. 25
(b) The purpose of the Fund is to provide grants to: 26
(1) Nonprofit organizations that match purchases made with FMNP, 27
SNAP, and WIC benefits at participating farmers markets AND FARM STANDS ; 28
(2) Nonprofit farmers markets to implement the Program at the farmers 29
markets; and 30 SENATE BILL 121 3
(3) Local nonprofit organizations to implement the Program in partnership 1
with one or more participating local farmers markets. 2
(c) The Secretary shall administer the Fund. 3
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 4
the State Finance and Procurement Article. 5
(2) The State Treasurer shall hold the Fund separately, and the 6
Comptroller shall account for the Fund. 7
(e) The Fund consists of: 8
(1) Money appropriated in the State budget to the Fund; and 9
(2) Any other money from any other source accepted for the benefit of the 10
Fund. 11
(f) (1) In accordance with this subsection, the Fund shall be used to provide 12
grants to: 13
(i) Nonprofit organizations that: 14
1. Meet the qualifications established in § 10–2004 of this 15
subtitle; and 16
2. Distribute the grant money to farmers markets and local 17
nonprofit organizations in accordance with this subtitle; 18
(ii) Nonprofit farmers markets to implement the Program at the 19
farmers markets; and 20
(iii) Local nonprofit organizations to implement the Program in 21
partnership with one or more local farmers markets. 22
(2) A qualified nonprofit organization that receives a grant under this 23
section: 24
(i) Shall distribute at least [70%] 60% of the grant money it receives 25
directly to participating farmers markets as FUNDING FOR LOCAL MA RKET ACCESS 26
COORDINATORS AND matching dollars for purchases made with FMNP, SNAP, and WIC 27
benefits; and 28
(ii) May not use more than [30%] 40% of the grant money it receives 29
for Program development, promotion and outreach, farmers market training and capacity 30 4 SENATE BILL 121
building, technical assistance, program data collection, evaluation, administration, and 1
reporting. 2
(g) (1) Subject to paragraph (2) of this subsection, [for fiscal year 2021 and 3
each fiscal year thereafter,] the Governor shall include in the annual budget bill an 4
appropriation [of $100,000] to the Fund AS FOLLOWS: 5
(I) FOR FISCAL YEARS 2021 THROUGH 2023, $100,000; AND 6
(II) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR 7
THEREAFTER , $300,000. 8
(2) The appropriation required under paragraph (1) of this subsection shall 9
be in addition to, and may not supplant, any funding appropriated to the Marketing and 10
Promotion Division in the Department. 11
10–2004. 12
(a) (1) A nonprofit organization is qualified to receive a grant in accordance 13
with this subtitle if the Department determines that the nonprofit organization has a 14
demonstrated record of: 15
(i) Designing and implementing successful healthy food incentive 16
programs that connect federal food benefits recipients with local producers; 17
(ii) Implementing funds distributing and reporting processes; 18
(iii) Providing training and technical assistance to farmers markets; 19
(iv) Conducting community outreach and data collection, including 20
customer surveys; and 21
(v) Providing a full accounting and administration of funds 22
distributed to farmers markets. 23
(2) In addition to the requirements under paragraph (1) of this subsection, 24
in awarding a grant in accordance with this subtitle, the Department may consider whether 25
the nonprofit organization has a demonstrated record of providing services in [food deserts] 26
HEALTHY FOOD PRIORIT Y AREAS. 27
(b) Within 90 days after the end of a grant cycle, a qualified nonprofit 28
organization that received a grant in accordance with this subtitle shall submit a report to 29
the Department that includes the following information: 30
(1) The names and locations of Maryland farmers markets that received 31
funds under the Program; 32 SENATE BILL 121 5
(2) The dollar amount of funds awarded to each participating farmers 1
market; 2
(3) The dollar amount of FMNP, SNAP, and WIC benefits, and funds 3
provided under the Program that were spent at participating farmers markets, as well as 4
any unspent funds; 5
(4) The number of FMNP, SNAP, and WIC transactions carried out at 6
participating farmers markets; and 7
(5) The impact of the Program on increasing the quantity of fresh fruits 8
and vegetables consumed by FMNP, SNAP, and WIC families, as determined by customer 9
surveys. 10
SUBTITLE 21. MARYLAND FOOD AND AGRICULTURAL RESILIENCY MECHANISM 11
GRANT PROGRAM. 12
10–2101. 13
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(B) “FUND” MEANS THE MARYLAND FOOD AND AGRICULTURAL 16
RESILIENCY MECHANISM FUND. 17
(C) “MD FARM” MEANS THE MARYLAND FOOD AND AGRICULTURAL 18
RESILIENCY MECHANISM GRANT PROGRAM. 19
10–2102. 20
(A) THERE IS A MARYLAND FOOD AND AGRICULTURAL RESILIENCY 21
MECHANISM GRANT PROGRAM. 22
(B) THE PURPOSE OF MD FARM IS TO BUILD FOOD SYSTEM RESILIENC Y BY 23
LEVERAGING MARYLAND AGRICULTURAL PRODUCTS AND SERVICE S TO SUPPORT 24
THE STATE’S FOOD BANKS AND CHA RITABLE EMERGENCY FO OD PROVIDERS TO 25
ALLEVIATE FOOD INSEC URITY. 26
10–2103. 27
(A) (1) THERE IS A MARYLAND FOOD AND AGRICULTURAL RESILIENCY 28
MECHANISM FUND IN THE DEPARTMENT . 29
6 SENATE BILL 121
(2) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS TO FOOD 1
BANKS AND CHARITABLE EMERGENCY FOOD PROVI DERS FOR: 2
(I) THE PROCUREMENT OF SU RPLUS, SEASONAL, OR 3
CONTRACTUAL AGRICULT URAL FOOD PRODUCTS ; 4
(II) THE PROCESSI NG AND PREPARATION O F AGRICULTURAL 5
FOOD PRODUCTS FOR DI STRIBUTION; AND 6
(III) THE TRANSPORTATION OF AGRICULTURAL FOOD 7
PRODUCTS. 8
(B) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 9
(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 10
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 11
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 12
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 13
(D) THE FUND CONSISTS OF : 14
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 15
AND 16
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 17
THE BENEFIT OF THE FUND. 18
(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE FUND 19
SHALL BE USED TO PRO VIDE GRANTS TO FOOD BANKS AND CHARITABLE 20
EMERGENCY FOOD PROVI DERS FOR: 21
(I) THE PROCUREMENT O F SURPLUS , SEASONAL, OR 22
CONTRACTUAL AGRICULT URAL FOOD PRODUCTS ; 23
(II) THE PROCESSING AND PREPA RATION OF AGRICULTUR AL 24
FOOD PRODUCTS FOR DI STRIBUTION; AND 25
(III) THE TRANSPORTATION OF AG RICULTURAL FOOD 26
PRODUCTS. 27
SENATE BILL 121 7
(2) A FOOD BANK OR CHARITA BLE EMERGENCY FOOD PROVI DER MAY 1
USE GRANT MONEY ONLY FOR FOOD PRODUCTS AN D SERVICES SOURCED F ROM THE 2
STATE. 3
(F) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE 4
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 5
$1,250,000 TO THE FUND. 6
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
as follows: 8
Article – Education 9
TITLE 9.11. MARYLAND FARM–TO–SCHOOL MEAL GRANT PILOT PROGRAM. 10
9.11–101. 11
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 12
INDICATED. 13
(B) “FUND” MEANS THE MARYLAND FARM–TO–SCHOOL MEAL GRANT 14
FUND. 15
(C) “LOCAL” MEANS AN AGRICULTURA L PRODUCT GROWN , HARVESTED, 16
PRODUCED, OR PROCESSED FROM A CERTIFIED LOCAL FARM ENTERPRISE. 17
(D) “PILOT PROGRAM ” MEANS THE MARYLAND FARM–TO–SCHOOL MEAL 18
GRANT PILOT PROGRAM. 19
9.11–102. 20
(A) THERE IS A MARYLAND FARM–TO–SCHOOL MEAL GRANT PILOT 21
PROGRAM IN THE DEPARTMENT . 22
(B) THE PURPOSE OF THE PI LOT PROGRAM IS TO IN CENTIVIZE THE 23
PRODUCTION , PROCUREMENT , AND PROVISION OF LOC AL FOODS IN SCHOOL M EALS 24
BY AWARDING GRAN TS IN ACCORDANCE WIT H THIS TITLE. 25
9.11–103. 26
(A) THERE IS A MARYLAND FARM–TO–SCHOOL MEAL GRANT FUND. 27
(B) THE DEPARTMENT , IN COORDINATION WITH THE DEPARTMENT OF 28
AGRICULTURE , SHALL ADMINISTER THE FUND. 29 8 SENATE BILL 121
(C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THA T IS NOT 1
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 3
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 4
(D) THE FUND CONSISTS OF : 5
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 6
AND 7
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 8
THE BENEFIT OF THE FUND. 9
(E) (1) THE FUND SHALL BE USED TO AWARD GRANTS TO ELIG IBLE 10
SCHOOL DISTRICTS TO IMPLEMENT THE MARYLAND FARM–TO–SCHOOL MEAL 11
GRANT PILOT PROGRAM. 12
(2) A LOCAL SCHOOL DISTRICT IS ELIGIBLE TO RECEI VE A GRANT 13
AWARD FROM THE FUND IF THE LOCAL SCH OOL DISTRICT OPERATE S 14
REIMBURSABLE FEDERAL NUTRITION PROGRAMS . 15
(F) (1) THE DEPARTMENT SHALL AWAR D GRANTS FROM THE FUND IN 16
ACCORDANCE WITH THIS SECTION TO ELIGIBLE LOCAL SCHOOL DISTRICTS I N AN 17
AMOUNT EQUIVALENT TO 20 CENTS FOR EACH MEAL SERVED IN THE LOCAL SCHOOL 18
DISTRICT THAT INCLUD ES A LOCAL FOOD COMP ONENT. 19
(2) THE LOCAL SCHOOL DIST RICT MAY DETERMINE T HE MEALS, 20
PARTICIPATING SCHOOL S, AND TIME FRAME FOR W HICH THE LOCAL SCHOO L 21
DISTRICT MAY INCLUDE A LOCAL FOOD COMPONE NT. 22
(3) IN DETERMINING THE AM OUNT OF A GRANT AWAR D, THE 23
DEPARTMENT SHALL MULT IPLY THE PREVIOUS FISCAL YEAR’S MEAL COUNT FOR 24
THE DETERMINED ELIGI BLE MEALS AND PARTIC IPATING SCHOOLS BY T HE NUMBER 25
OF DAYS IN THE DETER MINED TIME FRAME AND MULTIPLY THIS PRODUC T BY 20 26
CENTS. 27
(4) A LOCAL SCHOOL DISTRIC T MAY USE GRANT MONE Y FOR THE 28
PURCHASE, PROCESSING, PROCUREMENT , STAFFING, OR INFRASTRUCTURE 29
INVESTMENTS NEEDED T O MEET THE NUMBER OF MEALS WITH A LOCAL F OOD 30
COMPONENT . 31
SENATE BILL 121 9
(G) IN AWARDING GRANTS UN DER THIS SECTION , THE DEPARTMENT SHALL 1
PRIORITIZE LOCAL SCH OOL DISTRICTS THAT : 2
(1) DEMONSTRATE HOW MEAL REIMBURSEMENTS WOULD SUP PORT 3
THE DEVELOPMENT , CULTIVATION, AND LONGSTANDING COM MITMENT TO THE 4
INCORPORATION OF LOC AL FOOD COMPONENTS I NTO SCHOOL MEALS ; AND 5
(2) DEMONSTRATE ARRANGEME NTS THAT SUPPORT MIN ORITY OR 6
SOCIALLY DISADVANTAG ED PRODUCERS , PROCESSORS , DISTRIBUTORS, OR 7
BUSINESSES. 8
(H) FOR FISCAL YEARS 2024 AND 2025, THE GOVERNOR SHALL INCLUD E IN 9
THE ANNUAL BUDGET BI LL AN APPROPRIATION OF AT LEAST $500,000 TO THE 10
FUND. 11
(I) (1) ON OR BEFORE JULY 1, 2023, AND JULY 1, 2024, IN ACCORDANCE 12
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE DEPARTMENT SHALL 13
SUBMIT AN INTERIM RE PORT TO THE GENERAL ASSEMBLY THAT PROVIDE S AN 14
EVALUATION OF THE PI LOT PROGRAM . 15
(2) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT SHALL SUBM IT 16
A FINAL REPORT , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 17
ARTICLE, TO THE GENERAL ASSEMBLY ON THE PILOT PROGRAM, INCLUDING A 18
RECOMMENDATION ON WH ETHER OR NOT THE PIL OT PROGRAM SHOULD BE 19
CONTINUED. 20
SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 21
Assembly: 22
(1) to encourage counties and municipalities to contribute supplemental 23
financial support to nonprofit organizations that are supported by the Maryland Farms and 24
Families Fund established under § 10–2003 of the Agriculture Article to help increase the 25
reach and capacity of the federal Farmers Market Nutrition Program to serve food–insecure 26
individuals and families as well as participating farmers; and 27
(2) that any financial support provided by a county or municipality in 28
accordance with item (1) of this section be used as follows: 29
(i) 80% for distribution to participating farmers markets within the 30
local jurisdiction as matching funds for purchases made with benefits under the Farmers 31
Market Nutrition Program, Supplemental Nutrition Assistance Program, and Special 32
Supplemental Food Program for Women, Infants, and Children and, if available, local 33
market access coordination; and 34
10 SENATE BILL 121
(ii) 20% for retention by the nonprofit organization for program 1
development, promotion and outreach, training, data collection, and administrative costs. 2
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
1, 2022. Section 2 of this Act shall remain effective for a period of 4 years and, at the end of 4
June 30, 2026, Section 2 of this Act, with no further action required by the General 5
Assembly, shall be abrogated and of no further force and effect. 6