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Chapter 519
(House Bill 152)
AN ACT concerning
Department of Agriculture – Urban Agriculture Grant Fund Programs –
Alterations
FOR the purpose of altering the purpose and contents of and the requirements and
qualifications under the Urban Agriculture Grant Fund; repealing a requirement
that the Department of Agriculture adopt certain regulations to provide grants under
the Fund; establishing the Urban Agriculture Advisory Committee to make certain
recommendations on the implementation of the Urban Agriculture Grant Program;
altering the definition of “urban agricultural producer” under the Urban Agriculture
Water and Power Infrastructure Grant Program; and generally relating to the Urban
Agriculture Grant Fund urban agriculture grant programs in the Department of
Agriculture.
BY repealing and reenacting, without amendments,
Article – Agriculture
Section 2–2001(a) and 2–2002, 2–2002, 2–2101(a), and 2–2102
Annotated Code of Maryland
(2016 Replacement Volume and 2022 Supplement)
BY adding to
Article – Agriculture
Section 2–2001(e) and (g)
Annotated Code of Maryland
(2016 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Agriculture
Section 2–2001(e), 2–2003, and 2–2004 2–2004, and 2–2101(f)
Annotated Code of Maryland
(2016 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Agriculture
2–2001.
(a) In this subtitle the following words have the meanings indicated.
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(E) “QUALIFIED APPLICANT ” MEANS AN AGRICULTURA L PRODUCER, A
NONPROFIT ORGANIZATI ON, OR AN INSTITUTION OF HIGHER EDUCATION THA T
MEETS THE QUALIFICAT IONS ESTABLISHED IN § 2–2004 OF THIS SUBTITLE.
[(e)] (F) “Urban agricultural producer” means any person that annually sells, or
normally would have sold, $1,000 or more of farm products in [Baltimore City] AN URBAN
AREA.
(G) “URBAN AREA” MEANS AN AREA OF THE STATE THAT IS DELINEATED:
(1) DELINEATED AS AN URBAN AREA BY THE U.S. CENSUS BUREAU;
OR
(2) WITHIN THE BOUNDARIES OF A MUNICIPAL CORPO RATION.
2–2002.
(a) There is an Urban Agriculture Grant Program in the Department.
(b) The purpose of the Program is to increase the viability of urban farming and
improve access to urban–grown foods.
2–2003.
(a) There is an Urban Agriculture Grant Fund.
(b) The purpose of the Fund is to provide grants to [nonprofit organizations in
Baltimore City] QUALIFIED APPLICANTS to implement the Program.
(c) The Secretary shall administer 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 account for the Fund.
(e) The Fund consists of:
(1) Money appropriated to the Fund under subsection (g) of this section;
and
(2) Any other money from any other source accepted for the benefit of the
Fund.
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(f) In accordance with this subsection, the Fund shall be used to provide grants
to [nonprofit organizations that:
(1) Meet the qualifications established in § 2–2004 of this subtitle; and
(2) Distribute the grant money to urban agricultural producers in
accordance with this subtitle] QUALIFIED APPLICANTS .
(g) [The] FOR EACH OF FISCAL YE ARS 2025, 2026, 2027, 2028, AND 2029,
THE Governor [may] SHALL include in the annual budget bill an appropriation OF
$250,000 AT LEAST $100,000 to the Fund.
(h) (1) The Department shall adopt regulations, subject to the availability of
money in the Fund, to provide grants under the Fund.
(2) The regulations shall:
(i) Establish a Review Board to implement:
1. A competitive grant application process that prioritizes
applications that [will accomplish the goals of the Urban Agriculture section of the 2019
Baltimore Sustainability Plan and historically] BENEFIT SOCIALLY disadvantaged urban
farmers;
2. A system to fairly:
A. Evaluate each grant application; and
B. Award grants from money available in the Fund; and
3. A grant agreement to be used by the Review Board and
grant recipients;
(ii) Require the Review Board to include [members representing]:
1. The [Baltimore Office of Sustainability] SECRETARY, OR
THE SECRETARY’S DESIGNEE;
2. [The Baltimore Development Corporation ] ONE
REPRESENTATIVE OF TH E MARYLAND AGRICULTURAL AND RESOURCE–BASED
INDUSTRY DEVELOPMENT CORPORATION (MARBIDCO), DESIGNATED BY THE
EXECUTIVE DIRECTOR O F MARBIDCO ; [and]
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3. [The Department of Planning] ONE REPRESENTATIVE
OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
(NAACP), DESIGNATED BY THE MARYLAND STATE CONFERENCE OF NAACP;
4. TWO MEMBERS WHO PROVI DE DIRECT EDUCATION
AND TRAINING TO URBA N FARMERS THROUGH A NONPROFIT ORGANIZATI ON OR AN
INSTITUTION OF HIGHE R EDUCATION;
5. AT LEAST FIVE MEMBERS WITH SUBSTANTIAL
EXPERIENCE WORKING I N URBAN AGRICULTURE OR WITH SOCIALLY
DISADVANTAGED FARMER S WHO RESIDE IN ANNE ARUNDEL COUNTY, BALTIMORE
CITY, MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; AND
6. A STAFF MEMBER OF THE BALTIMORE CITY
DEPARTMENT OF PLANNING APPOINTED BY THE DIRECTOR OF THE DEPARTMENT
OF PLANNING;
(iii) 1. Require that [more than 75% of the Review Board be
composed of staff representing an agency of Baltimore City] TWO MEMBERS OF THE
REVIEW BOARD BE MEMBERS REPR ESENTING A LOW –INCOME CENSUS TRACT , AS
DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ; and
2. Require the remainder of the Review Board members to be
appointed by the Department, based on the member’s ability to help achieve the purpose of
the Program under § 2–2002(b) of this subtitle;
(iv) [Require grant recipients] FOR NONPROFIT ORGANIZ ATIONS
THAT RECEIVE A GRANT FOR THE PURPOSE OF D ISTRIBUTING GRANT MO NEY TO
URBAN AGRICULTURAL P RODUCERS, REQUIRE THE NONPROFI T ORGANIZATION to
distribute at least [70%] 85% of the amount of the grant to urban agricultural producers
to:
1. Secure real property:
A. THAT HAS THE NECESSAR Y INFRASTRUCTURE IN
PLACE TO GROW FOOD ;
B. FOR WHICH THE GRANTEE WILL BE THE STEWARD OF
THE REAL PROPERTY ; AND
C. FOR WHICH NOT MORE TH AN 20% OF THE GRANT
MONEY WILL BE USED T O SECURE THE REAL PR OPERTY;
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2. Maintain safe, environmentally sustainable, and socially
responsible practices; and
3. [Support] MAKE CAPITAL IMPROVEM ENTS TO
SUPPORT viable urban agriculture enterprises;
(v) Require that grant applications demonstrate a measurable
impact on improving local food access or other community benefits;
(vi) [Require] FOR NONPROFIT ORGANIZ ATIONS THAT RECEIVE
A GRANT FOR THE PURP OSE OF DISTRIBUTING GRANT MONEY TO URBAN
AGRICULTURAL PRODUCE RS, REQUIRE at least [70%] 85% of the amount of each grant
to be distributed to [minority–owned or operated] urban agricultural producers LOCATED
IN LOW–INCOME CENSUS TRACTS OR DESIGNATED FOOD D ESERTS, OF WHICH AT
LEAST 25% OF THE GRANT MONEY S HALL BE DISTRIBUTED TO URBAN
AGRICULTURAL PRODUCE RS IN BALTIMORE CITY; and
(vii) Prohibit grant recipients from using more than [30%] 15% of the
amount of the grant for operating expenses.
(3) In adopting regulations in accordance with this subsection, the
Department shall seek and prioritize input from urban agriculture farms and farmer
advocates.
(i) On or before October 15 each year, beginning in 2023 and each year thereafter,
the Department shall submit 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 provided under this section.
(H) (1) THERE IS AN URBAN AGRICULTURE ADVISORY COMMITTEE TO
RECOMMEND GUIDELINES , POLICIES, AND PRACTICES FOR TH E IMPLEMENTATION
OF THE URBAN AGRICULTURE GRANT PROGRAM.
(2) THE COMMITTEE CONSISTS OF THE FOLLOWING MEMBER S:
(I) FIVE MEMBERS , APPOINTED BY THE SECRETARY, WITH
EXPERTISE IN URBAN A GRICULTURE OR WORKIN G WITH SOCIALLY DISA DVANTAGED
FARMERS WHO RESIDE I N ANNE ARUNDEL COUNTY, BALTIMORE CITY,
MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY;
(II) TWO MEMBERS , APPOINTED BY THE SECRETARY, WITH
EXPERTISE IN PROVIDING EDUCATI ON AND TRAINING TO U RBAN FARMERS
THROUGH A NONPROFIT ORGANIZATION OR AN I NSTITUTION OF HIGHER
EDUCATION;
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(III) ONE MEMBER APPOINTED BY THE MARYLAND
AGRICULTURAL AND RESOURCE–BASED INDUSTRY DEVELOPMENT CORPORATION ;
(IV) ONE MEMBER APPOINTED BY THE MARYLAND STATE
CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF
COLORED PEOPLE (NAACP); AND
(V) ONE MEMBER APPOINTED BY THE DEPARTMENT OF
PLANNING FOR THE CITY OF BALTIMORE.
(3) THE SECRETARY SHALL DESIG NATE THE CHAIR OF THE
COMMITTEE.
(4) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMITTEE.
(5) A MEMBER OF THE COMMITTEE:
(I) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
COMMITTEE; BUT
(II) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE
BUDGET.
(6) THE COMMITTEE SHALL MAKE RECOMMENDATIONS THAT :
(I) ESTABLISH A COMPETITI VE GRANT APPLICATION PROCESS
THAT PRIORITIZES APP LICATIONS THAT BENEF IT SOCIALLY DISADVAN TAGED
URBAN FARM ERS TO:
1. SECURE REAL PROPERTY :
A. THAT HAS ESTABLISHED THE NECESSARY
INFRASTRUCTURE TO GR OW FOOD;
B. FOR WHICH THE GRANTEE IS THE STEWARD OF TH E
REAL PROPERTY ; AND
C. FOR WHICH NOT MORE TH AN 20% OF THE GRANT
MONEY WILL BE USED T O SECURE PROPERTY ;
2. MAINTAIN SAFE, ENVIRONMENTALLY SUST AINABLE,
AND SOCIALLY RESPONS IBLE PRACTICES; AND
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3. MAKE CAPITAL IMPROVEM ENTS TO SUPPORT VIAB LE
URBAN AGRICULTURE EN TERPRISES;
(II) REQUIRE THAT GRANT AP PLICATIONS DEMONSTRA TE A
MEASURABLE COMMUNITY BENEFIT , WHICH MAY INCLUDE IM PROVING LOCAL FOOD
ACCESS; AND
(III) PROHIBIT GRANT RECIPI ENTS FROM USING MORE THAN
15% OF THE AMOUNT OF THE GRANT FOR OPERATING EXPENSES.
(7) ON OR BEFORE DECEMBER 30, 2023, AND EACH DECEMBER 30
THEREAFTER , THE URBAN AGRICULTURE ADVISORY COMMITTEE SHALL REPOR T
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.
2–2004.
(a) A nonprofit organization OR AN INSTITUTION OF HIGHER EDUCATION is
qualified to receive a grant in accordance with this subtitle if the Department determines
[that the nonprofit organization]:
(1) [Is] WITH RESPECT TO A NON PROFIT ORGANIZATION , THAT THE
NONPROFIT ORGANIZATI ON IS incorporated or maintains its principal place of business
in [Baltimore City] AN URBAN AREA ; [and]
(2) [Works] THAT THE ENTITY WORKS to increase the viability of urban
farming and improve access to urban–grown foods; AND
(3) THAT THE ENTITY WILL PROVIDE DIRECT TRAINING AND
ONGOING TECHNICAL AS SISTANCE, IN ACCORDANCE WITH A PROGRAM THAT IS
CERTIFIED BY THE U.S. DEPARTMENT OF AGRICULTURE OR THE DEPARTMENT , TO
URBAN AGRICULTURAL P RODUCERS THAT RECEIV E A GRANT UNDER THIS
SUBTITLE.
(B) AN URBAN AGRICULTURAL PRODUCE R IS QUALIFIED TO RE CEIVE A
GRANT IN ACCORDANCE WITH THIS SUBTITLE I F THE DEPARTMENT DETERMINES
THAT THE URBAN AGRIC ULTURAL PRODUCER WIL L COMPLETE A NEW FAR MING
TRAINING OR CONTINUI NG EDUCATION PROGRAM .
[(b)] (C) Within 90 days after the end of a grant cycle, a qualified nonprofit
organization that received a grant in accordance with this subtitle shall submit a report to
the Department that includes the following information:
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(1) The names and locations of urban agricultural producers that received
funds under the Program;
(2) The dollar amount of funds awarded to each urban agricultural
producer; and
(3) The impact of the Program on increasing the viability of urban farming
and improving access to urban–grown foods.
2–2101.
(a) In this subtitle the following words have the meanings indicated.
(f) “Urban agricultural producer” means any person that:
(1) Annually produces farm products in an area of the State [delineated]
THAT IS:
(I) DELINEATED as an urban area by the U.S. Census Bureau; OR
(II) WITHIN THE BOUNDARIES OF A MUNICIPAL CORPO RATION;
and
(2) Sells, plans to sell, or normally would have sold at least $1,000 annually
of farm products 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 increase the viability of urban farming and
community gardens and improve access to urban–grown foods.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2023.
Approved by the Governor, May 8, 2023.