Maryland 2023 Regular Session

Maryland House Bill HB152 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 519
2	1
3		-	– 1 –
4		-	Chapter 519
5		-	(House Bill 152)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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	+	hb0152
8	9
9		-	Department of Agriculture – Urban Agriculture Grant Fund Programs –
10		-	Alterations
	10	+	HOUSE BILL 152
	11	+	M4 3lr0499
	12	+	HB 1216/22 – ENT
	13	+	By: Delegate Wells Delegates Wells, Addison, Allen, Baker, Barve, Boyce, Ciliberti,
	14	+	Foley, Guyton, Healey, Holmes, Jacobs, Lehman, Love, T. Morgan,
	15	+	Nawrocki, Otto, Ruth, Stewart, Terrasa, and Ziegler
	16	+	Introduced and read first time: January 16, 2023
	17	+	Assigned to: Environment and Transportation
	18	+	Committee Report: Favorable with amendments
	19	+	House action: Adopted
	20	+	Read second time: February 25, 2023
11	21
12		-	FOR the purpose of altering the purpose and contents of and the requirements and
13		-	qualifications under the Urban Agriculture Grant Fund; repealing a requirement
14		-	that the Department of Agriculture adopt certain regulations to provide grants under
15		-	the Fund; establishing the Urban Agriculture Advisory Committee to make certain
16		-	recommendations on the implementation of the Urban Agriculture Grant Program;
17		-	altering the definition of “urban agricultural producer” under the Urban Agriculture
18		-	Water and Power Infrastructure Grant Program; and generally relating to the Urban
19		-	Agriculture Grant Fund urban agriculture grant programs in the Department of
20		-	Agriculture.
	22	+	CHAPTER ______
21	23
22		-	BY repealing and reenacting, without amendments,
23		-	Article – Agriculture
24		-	Section 2–2001(a) and 2–2002, 2–2002, 2–2101(a), and 2–2102
25		-	Annotated Code of Maryland
26		-	(2016 Replacement Volume and 2022 Supplement)
	24	+	AN ACT concerning 1
27	25
28		-	BY adding to
29		-	Article – Agriculture
30		-	Section 2–2001(e) and (g)
31		-	Annotated Code of Maryland
32		-	(2016 Replacement Volume and 2022 Supplement)
	26	+	Department of Agriculture – Urban Agriculture Grant Fund Programs – 2
	27	+	Alterations 3
33	28
34		-	BY repealing and reenacting, with amendments,
35		-	Article – Agriculture
36		-	Section 2–2001(e), 2–2003, and 2–2004 2–2004, and 2–2101(f)
37		-	Annotated Code of Maryland
38		-	(2016 Replacement Volume and 2022 Supplement)
	29	+	FOR the purpose of altering the purpose and contents of and the requirements and 4
	30	+	qualifications under the Urban Agriculture Grant Fund; repealing a requirement 5
	31	+	that the Department of Agriculture adopt certain regulations to provide grants under 6
	32	+	the Fund; establishing the Urban Agriculture Advisory Committee to make certain 7
	33	+	recommendations on the implementation of the Urban Agriculture Grant Program; 8
	34	+	altering the definition of “urban agricultural producer” under the Urban Agriculture 9
	35	+	Water and Power Infrastructure Grant Program; and generally relating to the Urban 10
	36	+	Agriculture Grant Fund urban agriculture grant programs in the Department of 11
	37	+	Agriculture. 12
39	38
40		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
41		-	That the Laws of Maryland read as follows:
	39	+	BY repealing and reenacting, without amendments, 13
	40	+	Article – Agriculture 14
	41	+	Section 2–2001(a) and 2–2002, 2–2002, 2–2101(a), and 2–2102 15
	42	+	Annotated Code of Maryland 16
	43	+	(2016 Replacement Volume and 2022 Supplement) 17
42	44
43		-	Article – Agriculture
	45	+	BY adding to 18
	46	+	Article – Agriculture 19
	47	+	Section 2–2001(e) and (g) 20
	48	+	Annotated Code of Maryland 21 2 HOUSE BILL 152
44	49
45		-	2–2001.
46	50
47		-	(a) In this subtitle the following words have the meanings indicated.
48		-	Ch. 519 2023 LAWS OF MARYLAND
	51	+	(2016 Replacement Volume and 2022 Supplement) 1
49	52
50		-	– 2 –
51		-	(E) “QUALIFIED APPLICANT ” MEANS AN AGRICULTURA L PRODUCER, A
52		-	NONPROFIT ORGANIZATI ON, OR AN INSTITUTION OF HIGHER EDUCATION THA T
53		-	MEETS THE QUALIFICAT IONS ESTABLISHED IN § 2–2004 OF THIS SUBTITLE.
	53	+	BY repealing and reenacting, with amendments, 2
	54	+	Article – Agriculture 3
	55	+	Section 2–2001(e), 2–2003, and 2–2004 2–2004, and 2–2101(f) 4
	56	+	Annotated Code of Maryland 5
	57	+	(2016 Replacement Volume and 2022 Supplement) 6
54	58
55		-	[(e)] (F) “Urban agricultural producer” means any person that annually sells, or
56		-	normally would have sold, $1,000 or more of farm products in [Baltimore City] AN URBAN
57		-	AREA.
	59	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
	60	+	That the Laws of Maryland read as follows: 8
58	61
59		-	~~(G) “URBAN~~ ~~AREA” MEANS AN AREA OF THE STATE THAT IS DELINEATED:~~
	62	+	Article – Agriculture 9
60	63
61		-	(1) DELINEATED AS AN URBAN AREA BY THE U.S. CENSUS BUREAU;
62		-	OR
	64	+	2–2001. 10
63	65
64		-	(2) ~~WITHIN~~ THE ~~BOUNDARIES OF A MUNICIPAL CORPO RATION~~.
	66	+	(a) In this subtitle the following words have the meanings indicated. 11
65	67
66		-	2–2002.
	68	+	(E) “QUALIFIED APPLICANT ” MEANS AN AGRICULTURA L PRODUCER , A 12
	69	+	NONPROFIT ORGANIZATI ON, OR AN INSTITUTION OF HIGHER EDUCATION THA T 13
	70	+	MEETS THE QUALIFICAT IONS ESTABLISHED IN § 2–2004 OF THIS SUBTITLE. 14
67	71
68		-	(a) There is an Urban Agriculture Grant Program in the Department.
	72	+	[(e)] (F) “Urban agricultural producer” means any person that annually sells, or 15
	73	+	normally would have sold, $1,000 or more of farm products in [Baltimore City] AN URBAN 16
	74	+	AREA. 17
69	75
70		-	(b) The purpose of the Program is to increase the viability of urban farming and
71		-	improve access to urban–grown foods.
	76	+	(G) “URBAN AREA” MEANS AN AREA OF THE STATE THAT IS DELINEATED: 18
72	77
73		-	2–2003.
	78	+	(1) DELINEATED AS AN URBAN AREA BY THE U.S. CENSUS BUREAU; 19
	79	+	OR 20
74	80
75		-	(a) ~~There is an Urban Agriculture Grant Fund~~.
	81	+	(2) WITHIN THE BOUNDARIES OF A MUNICIPAL CORPO RATION. 21
76	82
77		-	(b) The purpose of the Fund is to provide grants to [nonprofit organizations in
78		-	Baltimore City] QUALIFIED APPLICANTS to implement the Program.
	83	+	2–2002. 22
79	84
80		-	(c) The ~~Secretary shall administer the Fund~~.
	85	+	(a) There is an Urban Agriculture Grant Program in the Department. 23
81	86
82		-	(~~d) (1~~) The ~~Fund~~ is ~~a special, nonlapsing fund that is not subject~~ to ~~§ 7–302~~ of
83		-	~~the State Finance and Procurement Article~~.
	87	+	(b) The purpose of the Program is to increase the viability of urban farming and 24
	88	+	improve access to urban–grown foods. 25
84	89
85		-	(2) The State Treasurer shall hold the Fund separately, and the
86		-	Comptroller shall account for the Fund.
	90	+	2–2003. 26
87	91
88		-	(e) ~~The~~ Fund ~~consists of:~~
	92	+	(a) There is an Urban Agriculture Grant Fund. 27
89	93
90		-	(1) Money appropriated to the Fund under subsection (g) of this section;
91		-	and
	94	+	(b) The purpose of the Fund is to provide grants to [nonprofit organizations in 28
	95	+	Baltimore City] QUALIFIED APPLICANTS to implement the Program. 29
	96	+	HOUSE BILL 152 3
92	97
93		-	(2) Any other money from any other source accepted for the benefit of the
94		-	Fund.
95		-	WES MOORE, Governor Ch. 519
96	98
97		-	– 3 –
98		-	(f) In accordance with this subsection, the Fund shall be used to provide grants
99		-	to [nonprofit organizations that:
	99	+	(c) The Secretary shall administer the Fund. 1
100	100
101		-	(1) Meet the qualifications established in § 2–2004 of this subtitle; and
	101	+	(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 2
	102	+	the State Finance and Procurement Article. 3
102	103
103		-	(2) ~~Distribute~~ the ~~grant money to urban agricultural producers in~~
104		-	~~accordance with this subtitle]~~ ~~QUALIFIED APPLICANTS~~ .
	104	+	(2) The State Treasurer shall hold the Fund separately, and the 4
	105	+	Comptroller shall account for the Fund. 5
105	106
106		-	(g) [The] FOR EACH OF FISCAL YE ARS 2025, 2026, 2027, 2028, AND 2029,
107		-	THE Governor [may] SHALL include in the annual budget bill an appropriation OF
108		-	$250,000 AT LEAST $100,000 to the Fund.
	107	+	(e) The Fund consists of: 6
109	108
110		-	~~(h)~~ (1) ~~The Department shall adopt regulations, subject~~ to the ~~availability~~ of
111		-	~~money in the Fund, to provide grants under the Fund.~~
	109	+	(1) Money appropriated to the Fund under subsection (g) of this section; 7
	110	+	and 8
112	111
113		-	(2) The regulations shall:
	112	+	(2) Any other money from any other source accepted for the benefit of the 9
	113	+	Fund. 10
114	114
115		-	(i) Establish a Review Board to implement:
	115	+	(f) In accordance with this subsection, the Fund shall be used to provide grants 11
	116	+	to [nonprofit organizations that: 12
116	117
117		-	1. A competitive grant application process that prioritizes
118		-	applications that [will accomplish the goals of the Urban Agriculture section of the 2019
119		-	Baltimore Sustainability Plan and historically] BENEFIT SOCIALLY disadvantaged urban
120		-	farmers;
	118	+	(1) Meet the qualifications established in § 2–2004 of this subtitle; and 13
121	119
122		-	2. A system to fairly:
	120	+	(2) Distribute the grant money to urban agricultural producers in 14
	121	+	accordance with this subtitle] QUALIFIED APPLICANTS . 15
123	122
124		-	A. Evaluate each grant application; and
	123	+	(g) [The] FOR EACH OF FISCAL YE ARS 2025, 2026, 2027, 2028, AND 2029, 16
	124	+	THE Governor [may] SHALL include in the annual budget bill an appropriation OF 17
	125	+	$250,000 AT LEAST $100,000 to the Fund. 18
125	126
126		-	B. Award grants from money available in the Fund; and
	127	+	(h) (1) The Department shall adopt regulations, subject to the availability of 19
	128	+	money in the Fund, to provide grants under the Fund. 20
127	129
128		-	3. A grant agreement to be used by the Review Board and
129		-	grant recipients;
	130	+	(2) The regulations shall: 21
130	131
131		-	(ii) ~~Require the~~ Review Board to ~~include [members representing]~~:
	132	+	(i) Establish a Review Board to implement: 22
132	133
133		-	1. The [Baltimore Office of Sustainability] SECRETARY, OR
134		-	THE SECRETARY’S DESIGNEE;
	134	+	1. A competitive grant application process that prioritizes 23
	135	+	applications that [will accomplish the goals of the Urban Agriculture section of the 2019 24
	136	+	Baltimore Sustainability Plan and historically] BENEFIT SOCIALLY disadvantaged urban 25
	137	+	farmers; 26
135	138
136		-	2. [The Baltimore Development Corporation ] ONE
137		-	REPRESENTATIVE OF TH E MARYLAND AGRICULTURAL AND RESOURCE–BASED
138		-	INDUSTRY DEVELOPMENT CORPORATION (MARBIDCO), DESIGNATED BY THE
139		-	EXECUTIVE DIRECTOR O F MARBIDCO ; [and]
140		-	Ch. 519 2023 LAWS OF MARYLAND
	139	+	2. A system to fairly: 27
141	140
142		-	– 4 –
143		-	3. [The Department of Planning] ONE REPRESENTATIVE
144		-	OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
145		-	(NAACP), DESIGNATED BY THE MARYLAND STATE CONFERENCE OF NAACP;
	141	+	A. Evaluate each grant application; and 28
146	142
147		-	4. TWO MEMBERS WHO PROVI DE DIRECT EDUCATION
148		-	AND TRAINING TO URBA N FARMERS THROUGH A NONPROFIT ORGANIZATI ON OR AN
149		-	INSTITUTION OF HIGHE R EDUCATION;
	143	+	B. Award grants from money available in the Fund; and 29
	144	+	4 HOUSE BILL 152
150	145
151		-	5. AT LEAST FIVE MEMBERS WITH SUBSTANTIAL
152		-	EXPERIENCE WORKING I N URBAN AGRICULTURE OR WITH SOCIALLY
153		-	DISADVANTAGED FARMER S WHO RESIDE IN ANNE ARUNDEL COUNTY, BALTIMORE
154		-	CITY, MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; AND
155	146
156		-	6. A STAFF MEMBER OF THE BALTIMORE CITY
157		-	DEPARTMENT OF PLANNING APPOINTED BY THE DIRECTOR OF THE DEPARTMENT
158		-	OF PLANNING;
	147	+	3. A grant agreement to be used by the Review Board and 1
	148	+	grant recipients; 2
159	149
160		-	(iii) 1. Require that [more than 75% of the Review Board be
161		-	composed of staff representing an agency of Baltimore City] TWO MEMBERS OF THE
162		-	REVIEW BOARD BE MEMBERS REPR ESENTING A LOW –INCOME CENSUS TRACT , AS
163		-	DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ; and
	150	+	(ii) Require the Review Board to include [members representing]: 3
164	151
165		-	2. Require the remainder of the Review Board members to be
166		-	appointed by the Department, based on the member’s ability to help achieve the purpose of
167		-	the Program under § 2–2002(b) of this subtitle;
	152	+	1. The [Baltimore Office of Sustainability] SECRETARY, OR 4
	153	+	THE SECRETARY’S DESIGNEE; 5
168	154
169		-	(iv) [Require grant recipients] FOR NONPROFIT ORGANIZ ATIONS
170		-	THAT RECEIVE A GRANT FOR THE PURPOSE OF D ISTRIBUTING GRANT MO NEY TO
171		-	URBAN AGRICULTURAL P RODUCERS, REQUIRE THE NONPROFI T ORGANIZATION to
172		-	distribute at least [70%] 85% of the amount of the grant to urban agricultural producers
173		-	to:
	155	+	2. [The Baltimore Development Corporation ] ONE 6
	156	+	REPRESENTATIVE OF TH E MARYLAND AGRICULTURAL AND RESOURCE–BASED 7
	157	+	INDUSTRY DEVELOPMENT CORPORATION (MARBIDCO), DESIGNATED BY THE 8
	158	+	EXECUTIVE DIRECTOR O F MARBIDCO ; [and] 9
174	159
175		-	1. Secure real property:
	160	+	3. [The Department of Planning] ONE REPRESENTATIVE 10
	161	+	OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 11
	162	+	(NAACP), DESIGNATED BY THE MARYLAND STATE CONFERENCE OF NAACP; 12
176	163
177		-	A. THAT HAS THE NECESSAR Y INFRASTRUCTURE IN
178		-	PLACE TO GROW FOOD ;
	164	+	4. TWO MEMBERS WHO PROVI DE DIRECT EDUCATION 13
	165	+	AND TRAINING TO URBA N FARMERS THROU GH A NONPROFIT ORGAN IZATION OR AN 14
	166	+	INSTITUTION OF HIGHE R EDUCATION; 15
179	167
180		-	B. FOR WHICH THE GRANTEE WILL BE THE STEWARD OF
181		-	THE REAL PROPERTY ; AND
	168	+	5. AT LEAST FIVE MEMBERS WITH SUBSTANTIAL 16
	169	+	EXPERIENCE WORKING I N URBAN AGRICULTURE OR WITH SOCIALLY 17
	170	+	DISADVANTAGED FARMER S WHO RESIDE IN ANNE ARUNDEL COUNTY, BALTIMORE 18
	171	+	CITY, MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; AND 19
182	172
183		-	C. ~~FOR WHICH NOT MORE TH AN 20%~~ OF THE ~~GRANT~~
184		-	~~MONEY WILL BE USED T O SECURE~~ THE ~~REAL PR OPERTY;~~
185		-	~~WES MOORE, Governor Ch. 519~~
	173	+	6. A STAFF MEMBER OF THE BALTIMORE CITY 20
	174	+	DEPARTMENT OF PLANNING APPOINTED BY THE DIRECTOR OF THE DEPARTMENT 21
	175	+	OF PLANNING; 22
186	176
187		-	– 5 –
188		-	2. Maintain safe, environmentally sustainable, and socially
189		-	responsible practices; and
	177	+	(iii) 1. Require that [more than 75% of the Review Board be 23
	178	+	composed of staff representing an agency of Baltimore City] TWO MEMBERS OF THE 24
	179	+	REVIEW BOARD BE MEMBERS REPR ESENTING A LOW –INCOME CENSUS TRACT , AS 25
	180	+	DEFINED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ; and 26
190	181
191		-	3. [Support] MAKE CAPITAL IMPROVEM ENTS TO
192		-	SUPPORT viable urban agriculture enterprises;
	182	+	2. Require the remainder of the Review Board members to be 27
	183	+	appointed by the Department, based on the member’s ability to help achieve the purpose of 28
	184	+	the Program under § 2–2002(b) of this subtitle; 29
193	185
194		-	(v) Require that grant applications demonstrate a measurable
195		-	impact on improving local food access or other community benefits;
	186	+	(iv) [Require grant recipients] FOR NONPROFIT ORGANIZ ATIONS 30
	187	+	THAT RECEIVE A GRANT FOR THE PURPOSE OF D ISTRIBUTING GRANT MONEY TO 31
	188	+	URBAN AGRICULTURAL P RODUCERS, REQUIRE THE NONPROFI T ORGANIZATION to 32
	189	+	distribute at least [70%] 85% of the amount of the grant to urban agricultural producers 33
	190	+	to: 34
	191	+	HOUSE BILL 152 5
196	192
197		-	(vi) [Require] FOR NONPROFIT ORGANIZ ATIONS THAT RECEIVE
198		-	A GRANT FOR THE PURP OSE OF DISTRIBUTING GRANT MONEY TO URBAN
199		-	AGRICULTURAL PRODUCE RS, REQUIRE at least [70%] 85% of the amount of each grant
200		-	to be distributed to [minority–owned or operated] urban agricultural producers LOCATED
201		-	IN LOW–INCOME CENSUS TRACTS OR DESIGNATED FOOD D ESERTS, OF WHICH AT
202		-	LEAST 25% OF THE GRANT MONEY S HALL BE DISTRIBUTED TO URBAN
203		-	AGRICULTURAL PRODUCE RS IN BALTIMORE CITY; and
204	193
205		-	(vii) Prohibit grant recipients from using more than [30%] 15% of the
206		-	amount of the grant for operating expenses.
	194	+	1. Secure real property: 1
207	195
208		-	(3) In adopting regulations in accordance with this subsection, the
209		-	Department shall seek and prioritize input from urban agriculture farms and farmer
210		-	advocates.
	196	+	A. THAT HAS THE NECESSAR Y INFRASTRUCTURE IN 2
	197	+	PLACE TO GROW FOOD ; 3
211	198
212		-	(i) On or before October 15 each year, beginning in 2023 and each year thereafter,
213		-	the Department shall submit a report to the Governor and, in accordance with § 2–1257 of
214		-	the State Government Article, the Senate Budget and Taxation Committee and the House
215		-	Appropriations Committee on the effectiveness of the funding provided under this section.
	199	+	B. FOR WHICH THE GRANTEE WILL BE THE STEWARD OF 4
	200	+	THE REAL PROPERTY ; AND 5
216	201
217		-	(H) (1) THERE IS AN URBAN AGRICULTURE ADVISORY COMMITTEE TO
218		-	RECOMMEND GUIDELINES , POLICIES, AND PRACTICES FOR TH E IMPLEMENTATION
219		-	OF THE URBAN AGRICULTURE GRANT PROGRAM.
	202	+	C. FOR WHICH NOT MORE TH AN 20% OF THE GRANT 6
	203	+	MONEY WILL BE USED T O SECURE THE REAL PR OPERTY; 7
220	204
221		-	(2) THE COMMITTEE CONSISTS OF THE FOLLOWING MEMBER S:
	205	+	2. Maintain safe, environmentally sustainable, and socially 8
	206	+	responsible practices; and 9
222	207
223		-	(I) FIVE MEMBERS , APPOINTED BY THE SECRETARY, WITH
224		-	EXPERTISE IN URBAN A GRICULTURE OR WORKIN G WITH SOCIALLY DISA DVANTAGED
225		-	FARMERS WHO RESIDE I N ANNE ARUNDEL COUNTY, BALTIMORE CITY,
226		-	MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY;
	208	+	3. [Support] MAKE CAPITAL IMPROVEM ENTS TO 10
	209	+	SUPPORT viable urban agriculture enterprises; 11
227	210
228		-	(II) TWO MEMBERS , APPOINTED BY THE SECRETARY, WITH
229		-	EXPERTISE IN PROVIDING EDUCATI ON AND TRAINING TO U RBAN FARMERS
230		-	THROUGH A NONPROFIT ORGANIZATION OR AN I NSTITUTION OF HIGHER
231		-	EDUCATION;
232		-	Ch. 519 2023 LAWS OF MARYLAND
	211	+	(v) Require that grant applications demonstrate a measurable 12
	212	+	impact on improving local food access or other community benefits; 13
233	213
234		-	– 6 –
235		-	(III) ONE MEMBER APPOINTED BY THE MARYLAND
236		-	AGRICULTURAL AND RESOURCE–BASED INDUSTRY DEVELOPMENT CORPORATION ;
	214	+	(vi) [Require] FOR NONPROFIT ORGANIZ ATIONS THAT RECEIVE 14
	215	+	A GRANT FOR THE PURP OSE OF DISTRIBUTING GRANT MONEY TO URBAN 15
	216	+	AGRICULTURAL PRODUCE RS, REQUIRE at least [70%] 85% of the amount of each grant 16
	217	+	to be distributed to [minority–owned or operated] urban agricultural producers LOCATED 17
	218	+	IN LOW–INCOME CENSUS TRACTS OR DESIGNATED FOOD D ESERTS, OF WHICH AT 18
	219	+	LEAST 25% OF THE GRANT MONEY S HALL BE DISTRIBUTED TO URBAN 19
	220	+	AGRICULTURAL PRODUCE RS IN BALTIMORE CITY; and 20
237	221
238		-	(IV) ONE MEMBER APPOINTED BY THE MARYLAND STATE
239		-	CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF
240		-	COLORED PEOPLE (NAACP); AND
	222	+	(vii) Prohibit grant recipients from using more than [30%] 15% of the 21
	223	+	amount of the grant for operating expenses. 22
241	224
242		-	(V) ONE MEMBER APPOINTED BY THE DEPARTMENT OF
243		-	PLANNING FOR THE CITY OF BALTIMORE.
	225	+	(3) In adopting regulations in accordance with this subsection, the 23
	226	+	Department shall seek and prioritize input from urban agriculture farms and farmer 24
	227	+	advocates. 25
244	228
245		-	(3) THE SECRETARY SHALL DESIG NATE THE CHAIR OF THE
246		-	COMMITTEE.
	229	+	(i) On or before October 15 each year, beginning in 2023 and each year thereafter, 26
	230	+	the Department shall submit a report to the Governor and, in accordance with § 2–1257 of 27
	231	+	the State Government Article, the Senate Budget and Taxation Committee and the House 28
	232	+	Appropriations Committee on the effectiveness of the funding provided under this section. 29
247	233
248		-	(4) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMITTEE.
	234	+	(H) (1) THERE IS AN URBAN AGRICULTURE ADVISORY COMMITTEE TO 30
	235	+	RECOMMEND GUIDELINES , POLICIES, AND PRACTICES FOR TH E IMPLEMENTATION 31
	236	+	OF THE URBAN AGRICULTURE GRANT PROGRAM. 32
249	237
250		-	(5) ~~A MEMBER~~ OF THE ~~COMMITTEE~~:
	238	+	(2) THE COMMITTEE CONSISTS OF THE FOLLOWING MEMBER S: 33 6 HOUSE BILL 152
251	239
252		-	(I) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
253		-	COMMITTEE; BUT
254	240
255		-	(II) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER
256		-	THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE
257		-	BUDGET.
258	241
259		-	(6) THE COMMITTEE SHALL MAKE RECOMMENDATIONS THAT :
	242	+	(I) FIVE MEMBERS , APPOINTED BY THE SECRETARY, WITH 1
	243	+	EXPERTISE IN URBAN A GRICULTURE OR WORKIN G WITH SOCIALLY DISA DVANTAGED 2
	244	+	FARMERS WHO RESIDE I N ANNE ARUNDEL COUNTY, BALTIMORE CITY, 3
	245	+	MONTGOMERY COUNTY, OR PRINCE GEORGE’S COUNTY; 4
260	246
261		-	(I) ESTABLISH A COMPETITI VE GRANT APPLICATION PROCESS
262		-	THAT PRIORITIZES APP LICATIONS THAT BENEF IT SOCIALLY DISADVAN TAGED
263		-	URBAN FARM ERS TO:
	247	+	(II) TWO MEMBERS , APPOINTED BY THE SECRETARY, WITH 5
	248	+	EXPERTISE IN PROVIDI NG EDUCATION AND TRA INING TO URBAN FARME RS 6
	249	+	THROUGH A NONPROFIT ORGANIZATION OR AN I NSTITUTION OF HIGHER 7
	250	+	EDUCATION; 8
264	251
265		-	1. SECURE REAL PROPERTY :
	252	+	(III) ONE MEMBER APPOINTED BY THE MARYLAND 9
	253	+	AGRICULTURAL AND RESOURCE–BASED INDUSTRY DEVELOPMENT CORPORATION ; 10
266	254
267		-	A. THAT HAS ESTABLISHED THE NECESSARY
268		-	INFRASTRUCTURE TO GR OW FOOD;
	255	+	(IV) ONE MEMBER APPOINTED BY THE MARYLAND STATE 11
	256	+	CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF 12
	257	+	COLORED PEOPLE (NAACP); AND 13
269	258
270		-	~~B. FOR WHICH~~ THE ~~GRANTEE IS THE STEWARD~~ OF ~~TH E~~
271		-	~~REAL PROPERTY ; AND~~
	259	+	(V) ONE MEMBER APPOINTED BY THE DEPARTME NT OF 14
	260	+	PLANNING FOR THE CITY OF BALTIMORE. 15
272	261
273		-	~~C. FOR WHICH NOT MORE~~ TH ~~AN 20%~~ ~~OF THE GRANT~~
274		-	~~MONEY WILL BE USED T O SECURE PROPERTY ;~~
	262	+	(3) THE SECRETARY SHALL DESIG NATE THE CHAIR OF TH E 16
	263	+	COMMITTEE. 17
275	264
276		-	2. MAINTAIN SAFE, ENVIRONMENTALLY SUST AINABLE,
277		-	AND SOCIALLY RESPONS IBLE PRACTICES; AND
278		-	WES MOORE, Governor Ch. 519
	265	+	(4) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMITTEE. 18
279	266
280		-	– 7 –
281		-	3. MAKE CAPITAL IMPROVEM ENTS TO SUPPORT VIAB LE
282		-	URBAN AGRICULTURE EN TERPRISES;
	267	+	(5) A MEMBER OF THE COMMITTEE: 19
283	268
284		-	(II) REQUIRE THAT GRANT AP PLICATIONS DEMONSTRA TE A
285		-	MEASURABLE COMMUNITY BENEFIT , WHICH MAY INCLUDE IM PROVING LOCAL FOOD
286		-	ACCESS; AND
	269	+	(I) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 20
	270	+	COMMITTEE; BUT 21
287	271
288		-	(III) PROHIBIT GRANT RECIPI ENTS FROM USING MORE THAN
289		-	15% OF THE AMOUNT OF THE GRANT FOR OPERATING EXPENSES.
	272	+	(II) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER 22
	273	+	THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 23
	274	+	BUDGET. 24
290	275
291		-	(7) ON OR BEFORE DECEMBER 30, 2023, AND EACH DECEMBER 30
292		-	THEREAFTER , THE URBAN AGRICULTURE ADVISORY COMMITTEE SHALL REPOR T
293		-	TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE
294		-	GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION COMMITTEE AND
295		-	THE HOUSE APPROPRIATIONS COMMITTEE.
	276	+	(6) THE COMMITTEE SHALL MAKE RECOMMENDATIONS THAT : 25
296	277
297		-	2–2004.
	278	+	(I) ESTABLISH A COMPETITI VE GRANT APPLICATION PROCESS 26
	279	+	THAT PRIORITIZES APP LICATIONS THAT BENEF IT SOCIALLY DISADVAN TAGED 27
	280	+	URBAN FARMERS TO : 28
298	281
299		-	(a) A nonprofit organization OR AN INSTITUTION OF HIGHER EDUCATION is
300		-	qualified to receive a grant in accordance with this subtitle if the Department determines
301		-	[that the nonprofit organization]:
	282	+	1. SECURE REAL PROPERTY : 29
	283	+	HOUSE BILL 152 7
302	284
303		-	(1) [Is] WITH RESPECT TO A NON PROFIT ORGANIZATION , THAT THE
304		-	NONPROFIT ORGANIZATI ON IS incorporated or maintains its principal place of business
305		-	in [Baltimore City] AN URBAN AREA ; [and]
306	285
307		-	~~(2) [Works]~~ THAT ~~THE ENTITY WORKS to increase~~ the ~~viability of urban~~
308		-	~~farming and improve access~~ to ~~urban–grown foods~~; ~~AND~~
	286	+	A. THAT HAS ESTABLISHED THE NECESSARY 1
	287	+	INFRASTRUCTURE TO GR OW FOOD; 2
309	288
310		-	(3) THAT THE ENTITY WILL PROVIDE DIRECT TRAINING AND
311		-	ONGOING TECHNICAL AS SISTANCE, IN ACCORDANCE WITH A PROGRAM THAT IS
312		-	CERTIFIED BY THE U.S. DEPARTMENT OF AGRICULTURE OR THE DEPARTMENT , TO
313		-	URBAN AGRICULTURAL P RODUCERS THAT RECEIV E A GRANT UNDER THIS
314		-	SUBTITLE.
	289	+	B. FOR WHICH THE GRANTEE IS THE STEWARD OF TH E 3
	290	+	REAL PROPERTY ; AND 4
315	291
316		-	(B) AN URBAN AGRICULTURAL PRODUCE R IS QUALIFIED TO RE CEIVE A
317		-	GRANT IN ACCORDANCE WITH THIS SUBTITLE I F THE DEPARTMENT DETERMINES
318		-	THAT THE URBAN AGRIC ULTURAL PRODUCER WIL L COMPLETE A NEW FAR MING
319		-	TRAINING OR CONTINUI NG EDUCATION PROGRAM .
	292	+	C. FOR WHICH NOT MORE TH AN 20% OF THE GRANT 5
	293	+	MONEY WILL BE USED T O SECURE PROPERTY ; 6
320	294
321		-	[(b)] (C) Within 90 days after the end of a grant cycle, a qualified nonprofit
322		-	organization that received a grant in accordance with this subtitle shall submit a report to
323		-	the Department that includes the following information:
324		-	Ch. 519 2023 LAWS OF MARYLAND
	295	+	2. MAINTAIN SAFE, ENVIRONMENTALLY SUST AINABLE, 7
	296	+	AND SOCIALLY RESPONS IBLE PRACTICES; AND 8
325	297
326		-	– 8 –
327		-	(1) The names and locations of urban agricultural producers that received
328		-	funds under the Program;
	298	+	3. MAKE CAPITAL IMPROVEM ENTS TO SUPPORT VIAB LE 9
	299	+	URBAN AGRICULTURE EN TERPRISES; 10
329	300
330		-	(2) The dollar amount of funds awarded to each urban agricultural
331		-	producer; and
	301	+	(II) REQUIRE THAT GRANT AP PLICATIONS DEMONSTRA TE A 11
	302	+	MEASURABLE COMMUNITY BENEFIT, WHICH MAY INCLUDE IM PROVING LOCAL FOOD 12
	303	+	ACCESS; AND 13
332	304
333		-	(3) ~~The impact of the Program on increasing the viability of urban farming~~
334		-	~~and improving access to urban–grown foods~~.
	305	+	(III) PROHIBIT GRANT RECIPI ENTS FROM USING MORE THAN 14
	306	+	15% OF THE AMOUNT OF THE GRANT FOR OPERATING EXPENSES. 15
335	307
336		-	2–2101.
	308	+	(7) ON OR BEFORE DECEMBER 30, 2023, AND EACH DECEMBER 30 16
	309	+	THEREAFTER , THE URBAN AGRICULTURE ADVISORY COMMITTEE SHALL REPOR T 17
	310	+	TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 18
	311	+	GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION COMMITTEE AND 19
	312	+	THE HOUSE APPROPRIATIONS COMMITTEE. 20
337	313
338		-	~~(a) In this subtitle the following words have the meanings indicated~~.
	314	+	2–2004. 21
339	315
340		-	(f) “Urban agricultural producer” means any person that:
	316	+	(a) A nonprofit organization OR AN INSTITUTION OF HIGHER EDUCATION is 22
	317	+	qualified to receive a grant in accordance with this subtitle if the Department determines 23
	318	+	[that the nonprofit organization]: 24
341	319
342		-	(1) Annually produces farm products in an area of the State [delineated]
343		-	THAT IS:
	320	+	(1) [Is] WITH RESPECT TO A NON PROFIT ORGANIZATION , THAT THE 25
	321	+	NONPROFIT ORGANIZATI ON IS incorporated or maintains its principal place of business 26
	322	+	in [Baltimore City] AN URBAN AREA ; [and] 27
344	323
345		-	(I) DELINEATED as an urban area by the U.S. Census Bureau; OR
	324	+	(2) [Works] THAT THE ENTITY WORKS to increase the viability of urban 28
	325	+	farming and improve access to urban–grown foods; AND 29
346	326
347		-	(II) WITHIN THE BOUNDARIES OF A MUNICIPAL CORPO RATION;
348		-	and
	327	+	(3) THAT THE ENTITY WILL PROVIDE DIRECT TRAIN ING AND 30
	328	+	ONGOING TECHNICAL AS SISTANCE, IN ACCORDANCE WITH A PROGRAM THAT IS 31
	329	+	CERTIFIED BY THE U.S. DEPARTMENT OF AGRICULTURE OR THE DEPARTMENT , TO 32 8 HOUSE BILL 152
349	330
350		-	(2) Sells, plans to sell, or normally would have sold at least $1,000 annually
351		-	of farm products produced from a farming operation in the State.
352	331
353		-	2–2102.
	332	+	URBAN AGRICULTURAL PRODUCERS THAT RECEI VE A GRANT UNDER THI S 1
	333	+	SUBTITLE. 2
354	334
355		-	(a) There is an Urban Agriculture Water and Power Infrastructure Grant
356		-	Program in the Department.
	335	+	(B) AN URBAN AGRICULTURAL PRODUCER IS QUALIFIE D TO RECEIVE A 3
	336	+	GRANT IN ACCORDANCE WITH THIS SUBTITLE I F THE DEPARTMENT DETERMINES 4
	337	+	THAT THE URBAN AGRIC ULTURAL PRODUCER WIL L COMPLETE A NEW FAR MING 5
	338	+	TRAINING OR CONTINUING EDUC ATION PROGRAM . 6
357	339
358		-	(b) The purpose of the Program is to increase the viability of urban farming and
359		-	community gardens and improve access to urban–grown foods.
	340	+	[(b)] (C) Within 90 days after the end of a grant cycle, a qualified nonprofit 7
	341	+	organization that received a grant in accordance with this subtitle shall submit a report to 8
	342	+	the Department that includes the following information: 9
360	343
361		-	~~SECTION 2.~~ AND ~~BE IT FURTHER ENACTED,~~ That ~~this Act shall take effect~~
362		-	~~October July 1,~~ ~~2023.~~
	344	+	(1) The names and locations of urban agricultural producers that received 10
	345	+	funds under the Program; 11
363	346
364		-	Approved by the Governor, May 8, 2023.
	347	+	(2) The dollar amount of funds awarded to each urban agricultural 12
	348	+	producer; and 13
	349	+
	350	+	(3) The impact of the Program on increasing the viability of urban farming 14
	351	+	and improving access to urban–grown foods. 15
	352	+
	353	+	2–2101. 16
	354	+
	355	+	(a) In this subtitle the following words have the meanings indicated. 17
	356	+
	357	+	(f) “Urban agricultural producer” means any person that: 18
	358	+
	359	+	(1) Annually produces farm products in an area of the State [delineated] 19
	360	+	THAT IS: 20
	361	+
	362	+	(I) DELINEATED as an urban area by the U.S. Census Bureau; OR 21
	363	+
	364	+	(II) WITHIN THE BOUNDARIES OF A MUNICIPAL CORPO RATION; 22
	365	+	and 23
	366	+
	367	+	(2) Sells, plans to sell, or normally would have sold at least $1,000 annually 24
	368	+	of farm products produced from a farming operation in the State. 25
	369	+
	370	+	2–2102. 26
	371	+
	372	+	(a) There is an Urban Agriculture Water and Power Infrastructure Grant 27
	373	+	Program in the Department. 28
	374	+
	375	+	(b) The purpose of the Program is to increase the viability of urban farming and 29
	376	+	community gardens and improve access to urban–grown foods. 30
	377	+	HOUSE BILL 152 9
	378	+
	379	+
	380	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
	381	+	October July 1, 2023. 2
	382	+
	383	+
	384	+
	385	+	Approved:
	386	+	________________________________________________________________________________
	387	+	Governor.
	388	+	________________________________________________________________________________
	389	+	Speaker of the House of Delegates.
	390	+	________________________________________________________________________________
	391	+	President of the Senate.