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.
*hb0152*
HOUSE BILL 152
M4 3lr0499
HB 1216/22 – ENT
By: Delegate Wells Delegates Wells, Addison, Allen, Baker, Barve, Boyce, Ciliberti,
Foley, Guyton, Healey, Holmes, Jacobs, Lehman, Love, T. Morgan,
Nawrocki, Otto, Ruth, Stewart, Terrasa, and Ziegler
Introduced and read first time: January 16, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 25, 2023
CHAPTER ______
AN ACT concerning 1
Department of Agriculture – Urban Agriculture Grant Fund Programs – 2
Alterations 3
FOR the purpose of altering the purpose and contents of and the requirements and 4
qualifications under the Urban Agriculture Grant Fund; repealing a requirement 5
that the Department of Agriculture adopt certain regulations to provide grants under 6
the Fund; establishing the Urban Agriculture Advisory Committee to make certain 7
recommendations on the implementation of the Urban Agriculture Grant Program; 8
altering the definition of “urban agricultural producer” under the Urban Agriculture 9
Water and Power Infrastructure Grant Program; and generally relating to the Urban 10
Agriculture Grant Fund urban agriculture grant programs in the Department of 11
Agriculture. 12
BY repealing and reenacting, without amendments, 13
Article – Agriculture 14
Section 2–2001(a) and 2–2002, 2–2002, 2–2101(a), and 2–2102 15
Annotated Code of Maryland 16
(2016 Replacement Volume and 2022 Supplement) 17
BY adding to 18
Article – Agriculture 19
Section 2–2001(e) and (g) 20
Annotated Code of Maryland 21 2 HOUSE BILL 152
(2016 Replacement Volume and 2022 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Agriculture 3
Section 2–2001(e), 2–2003, and 2–2004 2–2004, and 2–2101(f) 4
Annotated Code of Maryland 5
(2016 Replacement Volume and 2022 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
2–2001. 10
(a) In this subtitle the following words have the meanings indicated. 11
(E) “QUALIFIED APPLICANT ” MEANS AN AGRICULTURA L PRODUCER , A 12
NONPROFIT ORGANIZATI ON, OR AN INSTITUTION OF HIGHER EDUCATION THA T 13
MEETS THE QUALIFICAT IONS ESTABLISHED IN § 2–2004 OF THIS SUBTITLE. 14
[(e)] (F) “Urban agricultural producer” means any person that annually sells, or 15
normally would have sold, $1,000 or more of farm products in [Baltimore City] AN URBAN 16
AREA. 17
(G) “URBAN AREA” MEANS AN AREA OF THE STATE THAT IS DELINEATED: 18
(1) DELINEATED AS AN URBAN AREA BY THE U.S. CENSUS BUREAU; 19
OR 20
(2) WITHIN THE BOUNDARIES OF A MUNICIPAL CORPO RATION. 21
2–2002. 22
(a) There is an Urban Agriculture Grant Program in the Department. 23
(b) The purpose of the Program is to increase the viability of urban farming and 24
improve access to urban–grown foods. 25
2–2003. 26
(a) There is an Urban Agriculture Grant Fund. 27
(b) The purpose of the Fund is to provide grants to [nonprofit organizations in 28
Baltimore City] QUALIFIED APPLICANTS to implement the Program. 29
HOUSE BILL 152 3
(c) The Secretary shall administer the Fund. 1
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 2
the State Finance and Procurement Article. 3
(2) The State Treasurer shall hold the Fund separately, and the 4
Comptroller shall account for the Fund. 5
(e) The Fund consists of: 6
(1) Money appropriated to the Fund under subsection (g) of this section; 7
and 8
(2) Any other money from any other source accepted for the benefit of the 9
Fund. 10
(f) In accordance with this subsection, the Fund shall be used to provide grants 11
to [nonprofit organizations that: 12
(1) Meet the qualifications established in § 2–2004 of this subtitle; and 13
(2) Distribute the grant money to urban agricultural producers in 14
accordance with this subtitle] QUALIFIED APPLICANTS . 15
(g) [The] FOR EACH OF FISCAL YE ARS 2025, 2026, 2027, 2028, AND 2029, 16
THE Governor [may] SHALL include in the annual budget bill an appropriation OF 17
$250,000 AT LEAST $100,000 to the Fund. 18
(h) (1) The Department shall adopt regulations, subject to the availability of 19
money in the Fund, to provide grants under the Fund. 20
(2) The regulations shall: 21
(i) Establish a Review Board to implement: 22
1. A competitive grant application process that prioritizes 23
applications that [will accomplish the goals of the Urban Agriculture section of the 2019 24
Baltimore Sustainability Plan and historically] BENEFIT SOCIALLY disadvantaged urban 25
farmers; 26
2. A system to fairly: 27
A. Evaluate each grant application; and 28
B. Award grants from money available in the Fund; and 29
4 HOUSE BILL 152
3. A grant agreement to be used by the Review Board and 1
grant recipients; 2
(ii) Require the Review Board to include [members representing]: 3
1. The [Baltimore Office of Sustainability] SECRETARY, OR 4
THE SECRETARY’S DESIGNEE; 5
2. [The Baltimore Development Corporation ] ONE 6
REPRESENTATIVE OF TH E MARYLAND AGRICULTURAL AND RESOURCE–BASED 7
INDUSTRY DEVELOPMENT CORPORATION (MARBIDCO), DESIGNATED BY THE 8
EXECUTIVE DIRECTOR O F MARBIDCO ; [and] 9
3. [The Department of Planning] ONE REPRESENTATIVE 10
OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 11
(NAACP), DESIGNATED BY THE MARYLAND STATE CONFERENCE OF NAACP; 12
4. TWO MEMBERS WHO PROVI DE DIRECT EDUCATION 13
AND TRAINING TO URBA N FARMERS THROU GH A NONPROFIT ORGAN IZATION OR AN 14
INSTITUTION OF HIGHE R EDUCATION; 15
5. AT LEAST FIVE MEMBERS WITH SUBSTANTIAL 16
EXPERIENCE WORKING I N URBAN AGRICULTURE OR WITH SOCIALLY 17
DISADVANTAGED FARMER S WHO RESIDE IN ANNE ARUNDEL COUNTY, BALTIMORE 18
CITY, MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; AND 19
6. A STAFF MEMBER OF THE BALTIMORE CITY 20
DEPARTMENT OF PLANNING APPOINTED BY THE DIRECTOR OF THE DEPARTMENT 21
OF PLANNING; 22
(iii) 1. Require that [more than 75% of the Review Board be 23
composed of staff representing an agency of Baltimore City] TWO MEMBERS OF THE 24
REVIEW BOARD BE MEMBERS REPR ESENTING A LOW –INCOME CENSUS TRACT , AS 25
DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ; and 26
2. Require the remainder of the Review Board members to be 27
appointed by the Department, based on the member’s ability to help achieve the purpose of 28
the Program under § 2–2002(b) of this subtitle; 29
(iv) [Require grant recipients] FOR NONPROFIT ORGANIZ ATIONS 30
THAT RECEIVE A GRANT FOR THE PURPOSE OF D ISTRIBUTING GRANT MONEY TO 31
URBAN AGRICULTURAL P RODUCERS, REQUIRE THE NONPROFI T ORGANIZATION to 32
distribute at least [70%] 85% of the amount of the grant to urban agricultural producers 33
to: 34
HOUSE BILL 152 5
1. Secure real property: 1
A. THAT HAS THE NECESSAR Y INFRASTRUCTURE IN 2
PLACE TO GROW FOOD ; 3
B. FOR WHICH THE GRANTEE WILL BE THE STEWARD OF 4
THE REAL PROPERTY ; AND 5
C. FOR WHICH NOT MORE TH AN 20% OF THE GRANT 6
MONEY WILL BE USED T O SECURE THE REAL PR OPERTY; 7
2. Maintain safe, environmentally sustainable, and socially 8
responsible practices; and 9
3. [Support] MAKE CAPITAL IMPROVEM ENTS TO 10
SUPPORT viable urban agriculture enterprises; 11
(v) Require that grant applications demonstrate a measurable 12
impact on improving local food access or other community benefits; 13
(vi) [Require] FOR NONPROFIT ORGANIZ ATIONS THAT RECEIVE 14
A GRANT FOR THE PURP OSE OF DISTRIBUTING GRANT MONEY TO URBAN 15
AGRICULTURAL PRODUCE RS, REQUIRE at least [70%] 85% of the amount of each grant 16
to be distributed to [minority–owned or operated] urban agricultural producers LOCATED 17
IN LOW–INCOME CENSUS TRACTS OR DESIGNATED FOOD D ESERTS, OF WHICH AT 18
LEAST 25% OF THE GRANT MONEY S HALL BE DISTRIBUTED TO URBAN 19
AGRICULTURAL PRODUCE RS IN BALTIMORE CITY; and 20
(vii) Prohibit grant recipients from using more than [30%] 15% of the 21
amount of the grant for operating expenses. 22
(3) In adopting regulations in accordance with this subsection, the 23
Department shall seek and prioritize input from urban agriculture farms and farmer 24
advocates. 25
(i) On or before October 15 each year, beginning in 2023 and each year thereafter, 26
the Department shall submit a report to the Governor and, in accordance with § 2–1257 of 27
the State Government Article, the Senate Budget and Taxation Committee and the House 28
Appropriations Committee on the effectiveness of the funding provided under this section. 29
(H) (1) THERE IS AN URBAN AGRICULTURE ADVISORY COMMITTEE TO 30
RECOMMEND GUIDELINES , POLICIES, AND PRACTICES FOR TH E IMPLEMENTATION 31
OF THE URBAN AGRICULTURE GRANT PROGRAM. 32
(2) THE COMMITTEE CONSISTS OF THE FOLLOWING MEMBER S: 33 6 HOUSE BILL 152
(I) FIVE MEMBERS , APPOINTED BY THE SECRETARY, WITH 1
EXPERTISE IN URBAN A GRICULTURE OR WORKIN G WITH SOCIALLY DISA DVANTAGED 2
FARMERS WHO RESIDE I N ANNE ARUNDEL COUNTY, BALTIMORE CITY, 3
MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; 4
(II) TWO MEMBERS , APPOINTED BY THE SECRETARY, WITH 5
EXPERTISE IN PROVIDI NG EDUCATION AND TRA INING TO URBAN FARME RS 6
THROUGH A NONPROFIT ORGANIZATION OR AN I NSTITUTION OF HIGHER 7
EDUCATION; 8
(III) ONE MEMBER APPOINTED BY THE MARYLAND 9
AGRICULTURAL AND RESOURCE–BASED INDUSTRY DEVELOPMENT CORPORATION ; 10
(IV) ONE MEMBER APPOINTED BY THE MARYLAND STATE 11
CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF 12
COLORED PEOPLE (NAACP); AND 13
(V) ONE MEMBER APPOINTED BY THE DEPARTME NT OF 14
PLANNING FOR THE CITY OF BALTIMORE. 15
(3) THE SECRETARY SHALL DESIG NATE THE CHAIR OF TH E 16
COMMITTEE. 17
(4) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMITTEE. 18
(5) A MEMBER OF THE COMMITTEE: 19
(I) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 20
COMMITTEE; BUT 21
(II) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER 22
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 23
BUDGET. 24
(6) THE COMMITTEE SHALL MAKE RECOMMENDATIONS THAT : 25
(I) ESTABLISH A COMPETITI VE GRANT APPLICATION PROCESS 26
THAT PRIORITIZES APP LICATIONS THAT BENEF IT SOCIALLY DISADVAN TAGED 27
URBAN FARMERS TO : 28
1. SECURE REAL PROPERTY : 29
HOUSE BILL 152 7
A. THAT HAS ESTABLISHED THE NECESSARY 1
INFRASTRUCTURE TO GR OW FOOD; 2
B. FOR WHICH THE GRANTEE IS THE STEWARD OF TH E 3
REAL PROPERTY ; AND 4
C. FOR WHICH NOT MORE TH AN 20% OF THE GRANT 5
MONEY WILL BE USED T O SECURE PROPERTY ; 6
2. MAINTAIN SAFE, ENVIRONMENTALLY SUST AINABLE, 7
AND SOCIALLY RESPONS IBLE PRACTICES; AND 8
3. MAKE CAPITAL IMPROVEM ENTS TO SUPPORT VIAB LE 9
URBAN AGRICULTURE EN TERPRISES; 10
(II) REQUIRE THAT GRANT AP PLICATIONS DEMONSTRA TE A 11
MEASURABLE COMMUNITY BENEFIT, WHICH MAY INCLUDE IM PROVING LOCAL FOOD 12
ACCESS; AND 13
(III) PROHIBIT GRANT RECIPI ENTS FROM USING MORE THAN 14
15% OF THE AMOUNT OF THE GRANT FOR OPERATING EXPENSES. 15
(7) ON OR BEFORE DECEMBER 30, 2023, AND EACH DECEMBER 30 16
THEREAFTER , THE URBAN AGRICULTURE ADVISORY COMMITTEE SHALL REPOR T 17
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 18
GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION COMMITTEE AND 19
THE HOUSE APPROPRIATIONS COMMITTEE. 20
2–2004. 21
(a) A nonprofit organization OR AN INSTITUTION OF HIGHER EDUCATION is 22
qualified to receive a grant in accordance with this subtitle if the Department determines 23
[that the nonprofit organization]: 24
(1) [Is] WITH RESPECT TO A NON PROFIT ORGANIZATION , THAT THE 25
NONPROFIT ORGANIZATI ON IS incorporated or maintains its principal place of business 26
in [Baltimore City] AN URBAN AREA ; [and] 27
(2) [Works] THAT THE ENTITY WORKS to increase the viability of urban 28
farming and improve access to urban–grown foods; AND 29
(3) THAT THE ENTITY WILL PROVIDE DIRECT TRAIN ING AND 30
ONGOING TECHNICAL AS SISTANCE, IN ACCORDANCE WITH A PROGRAM THAT IS 31
CERTIFIED BY THE U.S. DEPARTMENT OF AGRICULTURE OR THE DEPARTMENT , TO 32 8 HOUSE BILL 152
URBAN AGRICULTURAL PRODUCERS THAT RECEI VE A GRANT UNDER THI S 1
SUBTITLE. 2
(B) AN URBAN AGRICULTURAL PRODUCER IS QUALIFIE D TO RECEIVE A 3
GRANT IN ACCORDANCE WITH THIS SUBTITLE I F THE DEPARTMENT DETERMINES 4
THAT THE URBAN AGRIC ULTURAL PRODUCER WIL L COMPLETE A NEW FAR MING 5
TRAINING OR CONTINUING EDUC ATION PROGRAM . 6
[(b)] (C) Within 90 days after the end of a grant cycle, a qualified nonprofit 7
organization that received a grant in accordance with this subtitle shall submit a report to 8
the Department that includes the following information: 9
(1) The names and locations of urban agricultural producers that received 10
funds under the Program; 11
(2) The dollar amount of funds awarded to each urban agricultural 12
producer; and 13
(3) The impact of the Program on increasing the viability of urban farming 14
and improving access to urban–grown foods. 15
2–2101. 16
(a) In this subtitle the following words have the meanings indicated. 17
(f) “Urban agricultural producer” means any person that: 18
(1) Annually produces farm products in an area of the State [delineated] 19
THAT IS: 20
(I) DELINEATED as an urban area by the U.S. Census Bureau; OR 21
(II) WITHIN THE BOUNDARIES OF A MUNICIPAL CORPO RATION; 22
and 23
(2) Sells, plans to sell, or normally would have sold at least $1,000 annually 24
of farm products produced from a farming operation in the State. 25
2–2102. 26
(a) There is an Urban Agriculture Water and Power Infrastructure Grant 27
Program in the Department. 28
(b) The purpose of the Program is to increase the viability of urban farming and 29
community gardens and improve access to urban–grown foods. 30
HOUSE BILL 152 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October July 1, 2023. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.