Maryland 2023 Regular Session

Maryland House Bill HB63 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 576
2	1
3		-	– 1 –
4		-	Chapter 576
5		-	(House Bill 63)
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	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0063
8	10
9		-	Certified Local Farm and Chesapeake Invasive Species Provider Fish Program
10		-	– Establishment
	11	+	HOUSE BILL 63
	12	+	P2, M2, M4 (3lr0676)
	13	+	ENROLLED BILL
	14	+	— Health and Government Operations/Education, Energy, and the Environment —
	15	+	Introduced by Delegate Charkoudian Delegates Charkoudian, Alston, Bagnall,
	16	+	Bhandari, Chisholm, Cullison, Guzzone, Hill, Hutchinson, S. Johnson,
	17	+	Kaiser, Kerr, Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Pena–Melnyk,
	18	+	Reilly, Rosenberg, Szeliga, Taveras, White, and Woods
11	19
12		-	FOR the purpose of altering the Certified Local Farm Enterprise Program to be the
13		-	Certified Local Farm and Chesapeake Invasive Species Provider Fish Program;
14		-	expanding the purpose of the Program to include food from certified Chesapeake
15		-	invasive species providers in the overall percentage goal for certain procurement
16		-	contracts; altering the Certified Local Farm Enterprise Food Aggregation Grant
17		-	Fund to be the Certified Local Farm and Chesapeake Invasive Species Provider Fish
18		-	Food Aggregation Grant Fund; and generally relating to the Certified Local Farm
19		-	and Chesapeake Invasive Species Provider Fish Program and the Certified Local
20		-	Farm and Chesapeake Invasive Species Provider Fish Food Aggregation Grant
21		-	Fund.
	20	+	Read and Examined by Proofreaders:
22	21
23		-	BY repealing and reenacting, with amendments,
24		-	Article – Education
25		-	Section 9.11–101
26		-	Annotated Code of Maryland
27		-	(2022 Replacement Volume)
	22	+	_______________________________________________
	23	+	Proofreader.
	24	+	_______________________________________________
	25	+	Proofreader.
28	26
29		-	BY repealing and reenacting, without amendments,
30		-	Article – State Finance and Procurement
31		-	Section 11–203(e)(1) and (2)
32		-	Annotated Code of Maryland
33		-	(2021 Replacement Volume and 2022 Supplement)
	27	+	Sealed with the Great Seal and presented to the Governor, for his approval this
34	28
35		-	BY repealing and reenacting, with amendments,
36		-	Article – State Finance and Procurement
37		-	Section 11–203(e)(5)(i); and 14–701 through 14–708 to be under the amended
38		-	subtitle “Subtitle 7. Certified Local Farm and Chesapeake Invasive Species
39		-	Provider Fish Program”
40		-	Annotated Code of Maryland
41		-	(2021 Replacement Volume and 2022 Supplement)
	29	+	_______ day of _______________ at ________________________ o’clock, ________M.
42	30
43		-	BY repealing and reenacting, with amendments,
44		-	Article – Tax – Property
45		-	Section 13–209(g)(3)(i)2.
46		-	Annotated Code of Maryland
47		-	(2019 Replacement Volume and 2022 Supplement)
48		-	Ch. 576 2023 LAWS OF MARYLAND
	31	+	______________________________________________
	32	+	Speaker.
49	33
50		-	– 2 –
51		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
52		-	That the Laws of Maryland read as follows:
	34	+	CHAPTER ______
53	35
54		-	~~Article – Education~~
	36	+	AN ACT concerning 1
55	37
56		-	9.11–101.
	38	+	Certified Local Farm and Chesapeake Invasive Species Provider Fish Program 2
	39	+	– Establishment 3
57	40
58		-	(a) In this title the following words have the meanings indicated.
	41	+	FOR the purpose of altering the Certified Local Farm Enterprise Program to be the 4
	42	+	Certified Local Farm and Chesapeake Invasive Species Provider Fish Program; 5
	43	+	expanding the purpose of the Program to include food from certified Chesapeake 6
	44	+	invasive species providers in the overall percentage goal for certain procurement 7
	45	+	contracts; altering the Certified Local Farm Enterprise Food Aggregation Grant 8
	46	+	Fund to be the Certified Local Farm and Chesapeake Invasive Species Provider Fish 9
	47	+	Food Aggregation Grant Fund; and generally relating to the Certified Local Farm 10
	48	+	and Chesapeake Invasive Species Provider Fish Program and the Certified Local 11 2 HOUSE BILL 63
59	49
60		-	(b) “Fund” means the Maryland Farm–to–School Meal Grant Fund.
61	50
62		-	~~(c) “Local” means an agricultural product grown,~~ ~~harvested, produced,~~ or
63		-	~~processed from a certified local farm [enterprise]~~.
	51	+	Farm and Chesapeake Invasive Species Provider Fish Food Aggregation Grant 1
	52	+	Fund. 2
64	53
65		-	(d) “Pilot program” means the Maryland Farm –to–School Meal Grant Pilot
66		-	Program.
	54	+	BY repealing and reenacting, with amendments, 3
	55	+	Article – Education 4
	56	+	Section 9.11–101 5
	57	+	Annotated Code of Maryland 6
	58	+	(2022 Replacement Volume) 7
67	59
68		-	Article – State Finance and Procurement
	60	+	BY repealing and reenacting, without amendments, 8
	61	+	Article – State Finance and Procurement 9
	62	+	Section 11–203(e)(1) and (2) 10
	63	+	Annotated Code of Maryland 11
	64	+	(2021 Replacement Volume and 2022 Supplement) 12
69	65
70		-	11–203.
	66	+	BY repealing and reenacting, with amendments, 13
	67	+	Article – State Finance and Procurement 14
	68	+	Section 11–203(e)(5)(i); and 14–701 through 14–708 to be under the amended 15
	69	+	subtitle “Subtitle 7. Certified Local Farm and Chesapeake Invasive Species 16
	70	+	Provider Fish Program” 17
	71	+	Annotated Code of Maryland 18
	72	+	(2021 Replacement Volume and 2022 Supplement) 19
71	73
72		-	(e) (1) In this subsection, “University” means the University System of
73		-	Maryland, Morgan State University, or St. Mary’s College of Maryland.
	74	+	BY repealing and reenacting, with amendments, 20
	75	+	Article – Tax – Property 21
	76	+	Section 13–209(g)(3)(i)2. 22
	77	+	Annotated Code of Maryland 23
	78	+	(2019 Replacement Volume and 2022 Supplement) 24
74	79
75		-	(2) Except as otherwise provided in this subsection, this Division II does
76		-	not apply to the University System of Maryland, Morgan State University, St. Mary’s
77		-	College of Maryland, or Baltimore City Community College.
	80	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
	81	+	That the Laws of Maryland read as follows: 26
78	82
79		-	(5) (i) Except as provided in paragraph (7) of this subsection, the
80		-	following provisions of Division II of this article apply to a University and to Baltimore City
81		-	Community College:
	83	+	Article – Education 27
82	84
83		-	1. ~~§ 11–205 of this subtitle (“Collusion”);~~
	85	+	9.11–101. 28
84	86
85		-	2. § 11–205.1 of this subtitle (“Falsification, concealment,
86		-	etc., of material facts”);
	87	+	(a) In this title the following words have the meanings indicated. 29
87	88
88		-	3. § 13–219 of this article (“Required clauses –
89		-	Nondiscrimination clause”);
	89	+	(b) “Fund” means the Maryland Farm–to–School Meal Grant Fund. 30
90	90
91		-	4. § 13–225 of this article (“Retainage”);
	91	+	(c) “Local” means an agricultural product grown, harvested, produced, or 31
	92	+	processed from a certified local farm [enterprise]. 32
92	93
93		-	5. Title 14, Subtitle 3 of this article (“Minority Business
94		-	Participation”);
95		-	WES MOORE, Governor Ch. 576
	94	+	(d) “Pilot program” means the Maryland Farm –to–School Meal Grant Pilot 33
	95	+	Program. 34
96	96
97		-	– 3 –
98		-	6. Title 14, Subtitle 7 of this article (“Certified Local Farm
99		-	[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program”);
	97	+	Article – State Finance and Procurement 35 HOUSE BILL 63 3
100	98
101		-	7. Title 15, Subtitle 1 of this article (“Procurement Contract
102		-	Administration”);
103	99
104		-	8. § 15–226 of this article (“Policy established; timing of
105		-	payments; notice upon nonpayment; disputes; appeals”); and
106	100
107		-	9. Title 16 of this article (“Suspension and Debarment of
108		-	Contractors”).
	101	+	11–203. 1
109	102
110		-	~~Subtitle 7.~~ ~~Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE SPECIES~~
111		-	~~PROVIDER FISH Program~~.
	103	+	(e) (1) In this subsection, “University” means the University System of 2
	104	+	Maryland, Morgan State University, or St. Mary’s College of Maryland. 3
112	105
113		-	14–701.
	106	+	(2) Except as otherwise provided in this subsection, this Division II does 4
	107	+	not apply to the University System of Maryland, Morgan State University, St. Mary’s 5
	108	+	College of Maryland, or Baltimore City Community College. 6
114	109
115		-	(a) In this subtitle the following words have the meanings indicated.
	110	+	(5) (i) Except as provided in paragraph (7) of this subsection, the 7
	111	+	following provisions of Division II of this article apply to a University and to Baltimore City 8
	112	+	Community College: 9
116	113
117		-	(B) “CERTIFIED CHESAPEAKE INVASIVE S PECIES” MEANS A FINFISH
118		-	SPECIES THAT IS:
	114	+	1. § 11–205 of this subtitle (“Collusion”); 10
119	115
120		-	(~~1) RANKED AS HIGH PRIOR ITY IN THE MARYLAND AQUATIC~~
121		-	~~NUISANCE SPECIES MANAGEMENT PLAN~~; ~~AND~~
	116	+	2. § 11–205.1 of this subtitle (“Falsification, concealment, 11
	117	+	etc., of material facts”); 12
122	118
123		-	(2) HARVESTED FROM THE CHESAPEAKE BAY OR ITS TRIBUTARIE S.
	119	+	3. § 13–219 of this article (“Required clauses – 13
	120	+	Nondiscrimination clause”); 14
124	121
125		-	(C) “CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ” MEANS A
126		-	PERSON LICENSED AND AUTHORIZED AS A SEAF OOD DEALER UNDER § 4–701 OF THE
127		-	NATURAL RESOURCES ARTICLE THAT:
	122	+	4. § 13–225 of this article (“Retainage”); 15
128	123
129		-	(~~1) IS CERTIFIED BY THE DEPARTMENT IN ACCORDA NCE WITH~~
130		-	~~REGULATIONS ADOPTED UNDER THIS SUBTITLE~~ ; ~~AND~~
	124	+	5. Title 14, Subtitle 3 of this article (“Minority Business 16
	125	+	Participation”); 17
131	126
132		-	(~~2) CAN DEMONSTRATE THAT THE PERSON ’S PRODUCT IS A~~
133		-	~~CERTIFIED~~ CHESAPEAKE INVASIVE ~~S PECIES.~~
	127	+	6. Title 14, Subtitle 7 of this article (“Certified Local Farm 18
	128	+	[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program”); 19
134	129
135		-	~~[(b)]~~ (~~D) “Certified~~ ~~local [farm enterprise”] FARM” means a local farm~~
136		-	~~enterprise that:~~
	130	+	7. Title 15, Subtitle 1 of this article (“Procurement Contract 20
	131	+	Administration”); 21
137	132
138		-	(~~1) meets the nutrient management requirements~~ established ~~under Title~~
139		-	~~8, Subtitle 8 of the Agriculture Article~~; and
	133	+	8. § 15–226 of this article (“Policy established; timing of 22
	134	+	payments; notice upon nonpayment; disputes; appeals”); and 23
140	135
141		-	(~~2) is certified by the Department in accordance with regulations adopted~~
142		-	~~under this subtitle~~. ~~Ch. 576 2023 LAWS OF MARYLAND~~
	136	+	9. Title 16 of this article (“Suspension and Debarment of 24
	137	+	Contractors”). 25
143	138
144		-	– 4 –
	139	+	Subtitle 7. Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE SPECIES 26
	140	+	PROVIDER FISH Program. 27
145	141
146		-	~~[(c)] (E) “Department” means the Department of Agriculture~~.
	142	+	14–701. 28
147	143
148		-	~~[(d)]~~ (F) ~~“Office” means~~ the ~~Office for~~ the ~~Certified Local Farm [Enterprise] AND~~
149		-	~~CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program.~~
	144	+	(a) In this subtitle the following words have the meanings indicated. 29
	145	+	4 HOUSE BILL 63
150	146
151		-	[(e)] (G) “Program” means the Certified Local Farm [Enterprise] AND
152		-	CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program.
153	147
154		-	14–702.
	148	+	(B) “CERTIFIED CHESAPEAKE INVASIVE S PECIES” MEANS A FINFISH 1
	149	+	SPECIES THAT IS: 2
155	150
156		-	~~(a)~~ (1) ~~There is an Office for~~ the ~~Certified Local Farm [Enterprise] AND~~
157		-	~~CHESAPEAKE INVASIVE~~ SPECIES ~~PROVIDER FISH Program in the Department.~~
	151	+	(1) RANKED AS HIGH PRIOR ITY IN THE MARYLAND AQUATIC 3
	152	+	NUISANCE SPECIES MANAGEMENT PLAN; AND 4
158	153
159		-	(2) The purpose of the Office is to administer the Program and facilitate
160		-	the participation of certified local [farm enterprises] FARMS AND CERTIFIED
161		-	CHESAPEAKE INVASIVE S PECIES PROVIDERS in the Program.
	154	+	(2) HARVESTED FROM THE CHESAPEAKE BAY OR ITS TRIBUTARIE S. 5
162	155
163		-	(b) (1) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE
164		-	INVASIVE SPECIES PROVIDER FISH Program in the Office.
	156	+	(C) “CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ” MEANS A 6
	157	+	PERSON LICENSED AND AUTHORIZED AS A SEAF OOD DEALER UNDER § 4–701 OF THE 7
	158	+	NATURAL RESOURCES ARTICLE THAT: 8
165	159
166		-	(2) The purpose of the Program is to encourage each unit to try to achieve
167		-	an overall percentage goal of 20% of the unit’s total dollar value of procurement contracts
168		-	for food from certified local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE
169		-	INVASIVE SPECIES PRO VIDERS.
	160	+	(1) IS CERTIFIED BY THE DEPARTMENT IN ACCORDA NCE WITH 9
	161	+	REGULATIONS ADOPTED UNDER THIS SUBTITLE; AND 10
170	162
171		-	(c) The Department shall create two positions to provide staff for the Office.
	163	+	(2) CAN DEMONSTRATE THAT THE PERSON ’S PRODUCT IS A 11
	164	+	CERTIFIED CHESAPEAKE INVASIVE S PECIES. 12
172	165
173		-	14–703.
	166	+	[(b)] (D) “Certified local [farm enterprise”] FARM” means a local farm 13
	167	+	enterprise that: 14
174	168
175		-	(a) (1) Each unit shall structure procurement procedures, consistent with the
176		-	purposes of this subtitle, to try to achieve an overall percentage goal of 20% of the unit’s
177		-	total dollar value of procurement contracts for food being made directly or indirectly to
178		-	certified local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE
179		-	SPECIES PROVIDERS .
	169	+	(1) meets the nutrient management requirements established under Title 15
	170	+	8, Subtitle 8 of the Agriculture Article; and 16
180	171
181		-	(2) A unit may achieve the 20% goal through:
	172	+	(2) is certified by the Department in accordance with regulations adopted 17
	173	+	under this subtitle. 18
182	174
183		-	(i) ~~competitive sealed bids and proposals;~~ ~~and~~
	175	+	[(c)] (E) “Department” means the Department of Agriculture. 19
184	176
185		-	(ii) small procurement in accordance with § 13–109 of this article.
	177	+	[(d)] (F) “Office” means the Office for the Certified Local Farm [Enterprise] AND 20
	178	+	CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program. 21
186	179
187		-	(3) For procurements conducted by competitive sealed bidding, a unit shall
188		-	award the contract to the responsible bidder that submits the responsive bid that:
189		-	WES MOORE, Governor Ch. 576
	180	+	[(e)] (G) “Program” means the Certified Local Farm [Enterprise] AND 22
	181	+	CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program. 23
190	182
191		-	– 5 –
192		-	(i) 1. has the lowest bid price;
	183	+	14–702. 24
193	184
194		-	2. has the lowest evaluated bid price; or
	185	+	(a) (1) There is an Office for the Certified Local Farm [Enterprise] AND 25
	186	+	CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program in the Department. 26
195	187
196		-	3. for procurements subject to § 11–202(3) of this article, is
197		-	the bid most favorable to the State; and
	188	+	(2) The purpose of the Office is to administer the Program and facilitate 27
	189	+	the participation of certified local [farm enterprises] FARMS AND CERTIFIED 28
	190	+	CHESAPEAKE INVASIVE S PECIES PROVIDERS in the Program. 29
	191	+	HOUSE BILL 63 5
198	192
199		-	(ii) meets or makes a good faith effort to meet any applicable goal
200		-	established under this subtitle.
201	193
202		-	(4) ~~For procurements conducted by competitive sealed proposals,~~ a ~~unit~~
203		-	~~shall award~~ the ~~contract to the responsible offeror:~~
	194	+	(b) (1) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE 1
	195	+	INVASIVE SPECIES PROVIDER FISH Program in the Office. 2
204	196
205		-	(i) proposing the most advantageous offer; and
	197	+	(2) The purpose of the Program is to encourage each unit to try to achieve 3
	198	+	an overall percentage goal of 20% of the unit’s total dollar value of procurement contracts 4
	199	+	for food from certified local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE 5
	200	+	INVASIVE SPECIES PRO VIDERS. 6
206	201
207		-	(ii) that meets or makes a good faith effort to meet any applicable
208		-	goal established under this subtitle.
	202	+	(c) The Department shall create two positions to provide staff for the Office. 7
209	203
210		-	(b) The Office, in consultation with the Secretary of Agriculture, shall establish
211		-	guidelines for each unit to consider when determining the appropriate local farm
212		-	[enterprise] AND CHESAPEAKE INVASIVE S PECIES PROVIDER participation percentage
213		-	goal for a procurement contract for food in accordance with subsection (c) of this section.
	204	+	14–703. 8
214	205
215		-	(c) Each unit shall:
	206	+	(a) (1) Each unit shall structure procurement procedures, consistent with the 9
	207	+	purposes of this subtitle, to try to achieve an overall percentage goal of 20% of the unit’s 10
	208	+	total dollar value of procurement contracts for food being made directly or indirectly to 11
	209	+	certified local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE 12
	210	+	SPECIES PROVIDERS . 13
216	211
217		-	(1) consider the practical severability of all procurement contracts for food
218		-	and, in accordance with § 11–201 of this article, may not bundle contracts;
	212	+	(2) A unit may achieve the 20% goal through: 14
219	213
220		-	(2) implement a program that will enable the unit to evaluate each
221		-	procurement contract for food to determine the appropriate local farm [enterprise] AND
222		-	CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals, if any, for the contract
223		-	based on:
	214	+	(i) competitive sealed bids and proposals; and 15
224	215
225		-	(i) the availability of certified local [farm enterprises] FARMS AND
226		-	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS to respond competitively to
227		-	contract opportunities; and
	216	+	(ii) small procurement in accordance with § 13–109 of this article. 16
228	217
229		-	(ii) ~~the contract goal guidelines established under subsection (b) of~~
230		-	~~this section;~~
	218	+	(3) For procurements conducted by competitive sealed bidding, a unit shall 17
	219	+	award the contract to the responsible bidder that submits the responsive bid that: 18
231	220
232		-	(3) monitor and collect data with respect to a unit’s compliance with
233		-	contract goals, including explanations for failing to meet contract goals; and
	221	+	(i) 1. has the lowest bid price; 19
234	222
235		-	(4) institute corrective action when a unit does not make good faith efforts
236		-	to comply with contract goals.
237		-	Ch. 576 2023 LAWS OF MARYLAND
	223	+	2. has the lowest evaluated bid price; or 20
238	224
239		-	– 6 –
240		-	(d) The Office shall, in consultation with the Secretary of Agriculture, establish
241		-	procedures governing how the participation of certified local [farm enterprises] FARMS
242		-	AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS is counted toward
243		-	contract goals under the Program.
	225	+	3. for procurements subject to § 11–202(3) of this article, is 21
	226	+	the bid most favorable to the State; and 22
244	227
245		-	(e) (1) (i) If a unit does not achieve the certified local farm [enterprise]
246		-	AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals on a
247		-	procurement contract for food, the unit shall demonstrate to the Office that the unit took
248		-	all necessary and reasonable steps to achieve the goals.
	228	+	(ii) meets or makes a good faith effort to meet any applicable goal 23
	229	+	established under this subtitle. 24
249	230
250		-	(ii) A waiver of any part of the certified local farm [enterprise] AND
251		-	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER goals for a procurement
252		-	contract for food shall be granted if a unit provides to the Office a reasonable demonstration
253		-	of good faith efforts to achieve the goals.
	231	+	(4) For procurements conducted by competitive sealed proposals, a unit 25
	232	+	shall award the contract to the responsible offeror: 26
254	233
255		-	(2) The Office may waive any of the requirements of this subsection
256		-	relating to the establishment, use, and waiver of certified local farm [enterprise] AND
257		-	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER goals for a sole source,
258		-	expedited, or emergency procurement in which the public interest cannot reasonably
259		-	accommodate use of those requirements.
	234	+	(i) proposing the most advantageous offer; and 27
260	235
261		-	(3) ~~Except for waivers granted in accordance with paragraph (2) of this~~
262		-	~~subsection, when a waiver determination is made, the Office shall issue the determination~~
263		-	~~in writing.~~
	236	+	(ii) that meets or makes a good faith effort to meet any applicable 28
	237	+	goal established under this subtitle. 29
	238	+	6 HOUSE BILL 63
264	239
265		-	(4) On or before July 31 each year, the Office shall submit directly to the
266		-	Board an annual report of waivers requested and waivers granted under this subsection.
267	240
268		-	(5) The ~~report required under paragraph (4)~~ of ~~this subsection~~ shall ~~contain~~
269		-	~~the following information on those procurement contracts~~ for ~~food where~~ the ~~Office~~
270		-	~~considered a unit’s request for waiver of all or a portion of the local farm~~ [enterprise] AND
271		-	~~CHESAPEAKE INVASIVE S PECIES PROVIDER goals:~~
	241	+	(b) The Office, in consultation with the Secretary of Agriculture, shall establish 1
	242	+	guidelines for each unit to consider when determining the appropriate local farm 2
	243	+	[enterprise] AND CHESAPEAKE INVASIVE S PECIES PROVIDER participation percentage 3
	244	+	goal for a procurement contract for food in accordance with subsection (c) of this section. 4
272	245
273		-	(i) ~~the contract titles,~~ ~~numbers, and dates;~~
	246	+	(c) Each unit shall: 5
274	247
275		-	(ii) the number of waiver requests received;
	248	+	(1) consider the practical severability of all procurement contracts for food 6
	249	+	and, in accordance with § 11–201 of this article, may not bundle contracts; 7
276	250
277		-	(iii) the number of waiver requests granted; and
	251	+	(2) implement a program that will enable the unit to evaluate each 8
	252	+	procurement contract for food to determine the appropriate local farm [enterprise] AND 9
	253	+	CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals, if any, for the contract 10
	254	+	based on: 11
278	255
279		-	(iv) any other information specifically requested by the Board.
	256	+	(i) the availability of certified local [farm enterprises] FARMS AND 12
	257	+	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS to respond competitively to 13
	258	+	contract opportunities; and 14
280	259
281		-	(f) The Board shall keep a record of information regarding any waivers requested
282		-	in accordance with this section and submit a copy of the record to the Senate Education,
283		-	Health, and Environmental Affairs Committee and the House Health and Government WES MOORE, Governor Ch. 576
	260	+	(ii) the contract goal guidelines established under subsection (b) of 15
	261	+	this section; 16
284	262
285		-	– 7 –
286		-	Operations Committee on or before October 1 each year, in accordance with § 2–1257 of the
287		-	State Government Article.
	263	+	(3) monitor and collect data with respect to a unit’s compliance with 17
	264	+	contract goals, including explanations for failing to meet contract goals; and 18
288	265
289		-	14–704.
	266	+	(4) institute corrective action when a unit does not make good faith efforts 19
	267	+	to comply with contract goals. 20
290	268
291		-	(a) In accordance with Title 10, Subtitle 1 of the State Government Article, the
292		-	Office shall adopt regulations to implement this subtitle.
	269	+	(d) The Office shall, in consultation with the Secretary of Agriculture, establish 21
	270	+	procedures governing how the participation of certified local [farm enterprises] FARMS 22
	271	+	AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS is counted toward 23
	272	+	contract goals under the Program. 24
293	273
294		-	(b) The regulations shall establish procedures to be followed by units, certified
295		-	local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES
296		-	PROVIDERS, and successful bidders or offerors to maximize notice to, and the opportunity
297		-	to participate in the food procurement process by, a broad range of local [farm enterprises]
298		-	FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS .
	274	+	(e) (1) (i) If a unit does not achieve the certified local farm [enterprise] 25
	275	+	AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals on a 26
	276	+	procurement contract for food, the unit shall demonstrate to the Office that the unit took 27
	277	+	all necessary and reasonable steps to achieve the goals. 28
299	278
300		-	(c) The regulations shall include provisions:
	279	+	(ii) A waiver of any part of the certified local farm [enterprise] AND 29
	280	+	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER goals for a procurement 30
	281	+	contract for food shall be granted if a unit provides to the Office a reasonable demonstration 31
	282	+	of good faith efforts to achieve the goals. 32
301	283
302		-	(1) designating the Office to certify and decertify local [farm enterprises]
303		-	FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS for all units through a single
304		-	process, including provisions that promote and facilitate the submission of some or all of
305		-	the certification application through an electronic process;
	284	+	(2) The Office may waive any of the requirements of this subsection 33
	285	+	relating to the establishment, use, and waiver of certified local farm [enterprise] AND 34
	286	+	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER goals for a sole source, 35 HOUSE BILL 63 7
306	287
307		-	(2) specifying that a unit may not allow a local farm [enterprise] OR
308		-	CHESAPEAKE INVASIVE S PECIES PROVIDER to participate as if it were a certified local
309		-	farm [enterprise] OR CERTIFIED CHESAPEAKE IN VASIVE SPECIES PROVI DER if the
310		-	local [farm enterprise’s] FARM’S OR CHESAPEAKE INVASIVE S PECIES PROVIDER ’S
311		-	certification is pending;
312	288
313		-	(3) consistent with this subtitle, relating to any circumstances under which
314		-	the Office may waive obligations of a unit relating to certified local farm [enterprise] AND
315		-	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals; and
	289	+	expedited, or emergency procurement in which the public interest cannot reasonably 1
	290	+	accommodate use of those requirements. 2
316	291
317		-	(4) that the Office considers necessary or appropriate to:
	292	+	(3) Except for waivers granted in accordance with paragraph (2) of this 3
	293	+	subsection, when a waiver determination is made, the Office shall issue the determination 4
	294	+	in writing. 5
318	295
319		-	(i) ~~encourage participation by local [farm~~ ~~enterprises] FARMS AND~~
320		-	~~CHESAPEAKE INVASIVE S PECIES PROVIDERS ;~~ and
	296	+	(4) On or before July 31 each year, the Office shall submit directly to the 6
	297	+	Board an annual report of waivers requested and waivers granted under this subsection. 7
321	298
322		-	(ii) protect the integrity of the procurement process.
	299	+	(5) The report required under paragraph (4) of this subsection shall contain 8
	300	+	the following information on those procurement contracts for food where the Office 9
	301	+	considered a unit’s request for waiver of all or a portion of the local farm [enterprise] AND 10
	302	+	CHESAPEAKE INVASIVE S PECIES PROVIDER goals: 11
323	303
324		-	~~14–705.~~
	304	+	(i) the contract titles, numbers, and dates; 12
325	305
326		-	(a) In the same manner and with the same fees as provided by law in civil cases,
327		-	in a matter regarding the decertification of a certified local farm [enterprise] OR
328		-	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER , the Office may:
	306	+	(ii) the number of waiver requests received; 13
329	307
330		-	(1) ~~subpoena witnesses; Ch. 576 2023 LAWS~~ OF ~~MARYLAND~~
	308	+	(iii) the number of waiver requests granted; and 14
331	309
332		-	~~– 8 –~~
	310	+	(iv) any other information specifically requested by the Board. 15
333	311
334		-	(2) administer oaths; and
	312	+	(f) The Board shall keep a record of information regarding any waivers requested 16
	313	+	in accordance with this section and submit a copy of the record to the Senate Education, 17
	314	+	Health, and Environmental Affairs Committee and the House Health and Government 18
	315	+	Operations Committee on or before October 1 each year, in accordance with § 2–1257 of the 19
	316	+	State Government Article. 20
335	317
336		-	~~(3) compel the production of records, books, papers, and other documents~~.
	318	+	14–704. 21
337	319
338		-	(b) If a person fails to comply with a subpoena issued under subsection (a) of this
339		-	section, or fails to produce documents or other evidence, on petition of the Office, a court of
340		-	competent jurisdiction may pass an order directing compliance with the subpoena or
341		-	compelling the production of documents or other evidence.
	320	+	(a) In accordance with Title 10, Subtitle 1 of the State Government Article, the 22
	321	+	Office shall adopt regulations to implement this subtitle. 23
342	322
343		-	(c) The Office shall make available a fraud hotline for reporting violations of this
344		-	section.
	323	+	(b) The regulations shall establish procedures to be followed by units, certified 24
	324	+	local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES 25
	325	+	PROVIDERS, and successful bidders or offerors to maximize notice to, and the opportunity 26
	326	+	to participate in the food procurement process by, a broad range of local [farm enterprises] 27
	327	+	FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS . 28
345	328
346		-	~~14–706.~~
	329	+	(c) The regulations shall include provisions: 29
347	330
348		-	(a) Within 90 days after the end of the fiscal year, each unit shall report to the
349		-	Office.
	331	+	(1) designating the Office to certify and decertify local [farm enterprises] 30
	332	+	FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS for all units through a single 31
	333	+	process, including provisions that promote and facilitate the submission of some or all of 32
	334	+	the certification application through an electronic process; 33 8 HOUSE BILL 63
350	335
351		-	(b) A report under this section for the preceding fiscal year shall:
352	336
353		-	(1) state the total number and value of procurement contracts for food
354		-	between the unit and certified local [farm enterprises] FARMS AND CERTIFIED
355		-	CHESAPEAKE INVASIVE S PECIES PROVIDERS ;
356	337
357		-	(2) indicate the percentage that those procurement contracts for food
358		-	represent of the total number and value of procurement contracts for food awarded by a
359		-	unit;
	338	+	(2) specifying that a unit may not allow a local farm [enterprise] OR 1
	339	+	CHESAPEAKE INVASIVE S PECIES PROVIDER to participate as if it were a certified local 2
	340	+	farm [enterprise] OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER if the 3
	341	+	local [farm enterprise’s] FARM’S OR CHESAPEAKE INVASIVE S PECIES PROVIDER ’S 4
	342	+	certification is pending; 5
360	343
361		-	(3) ~~state the total number and the names of certified local [farm~~
362		-	~~enterprises~~] ~~FARMS~~ AND ~~CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS~~
363		-	~~that participated in procurement contracts for food awarded by a unit~~;
	344	+	(3) consistent with this subtitle, relating to any circumstances under which 6
	345	+	the Office may waive obligations of a unit relating to certified local farm [enterprise] AND 7
	346	+	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals; and 8
364	347
365		-	(4) for each certified local farm [enterprise] OR CERTIFIED CHESAPEAKE
366		-	INVASIVE SPECIES PROVIDER included in the report under item (3) of this subsection, list
367		-	all procurement contracts for food awarded by a unit to the certified local farm [enterprise]
368		-	OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER , including a description of
369		-	the contract; and
	348	+	(4) that the Office considers necessary or appropriate to: 9
370	349
371		-	(5) ~~contain other such information as required~~ by ~~the Office,~~ ~~subject to~~
372		-	~~approval by the Board.~~
	350	+	(i) encourage participation by local [farm enterprises] FARMS AND 10
	351	+	CHESAPEAKE INVASIVE S PECIES PROVIDERS ; and 11
373	352
374		-	(c) ~~A report under this section shall be:~~
	353	+	(ii) protect the integrity of the procurement process. 12
375	354
376		-	(1) in a form prescribed by the Office; and
377		-	WES MOORE, Governor Ch. 576
	355	+	14–705. 13
378	356
379		-	– 9 –
380		-	(2) approved by the Board.
	357	+	(a) In the same manner and with the same fees as provided by law in civil cases, 14
	358	+	in a matter regarding the decertification of a certified local farm [enterprise] OR 15
	359	+	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER , the Office may: 16
381	360
382		-	(D) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 31
383		-	THEREAFTER , THE OFFICE SHALL SUBMIT A CONSOLIDATED REPORT TO THE
384		-	SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT
385		-	COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS
386		-	COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
387		-	ARTICLE, ON PROGRAM IMPLEMENTATIO N AND PARTICIPATION .
	361	+	(1) subpoena witnesses; 17
388	362
389		-	~~14–707.~~
	363	+	(2) administer oaths; and 18
390	364
391		-	(a) (1) The Department shall develop and maintain a directory of all certified
392		-	local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES
393		-	PROVIDERS.
	365	+	(3) compel the production of records, books, papers, and other documents. 19
394	366
395		-	(2) The directory shall be accessible to the public on the Department’s
396		-	website.
	367	+	(b) If a person fails to comply with a subpoena issued under subsection (a) of this 20
	368	+	section, or fails to produce documents or other evidence, on petition of the Office, a court of 21
	369	+	competent jurisdiction may pass an order directing compliance with the subpoena or 22
	370	+	compelling the production of documents or other evidence. 23
397	371
398		-	(b) The Department shall include the following information for each certified local
399		-	farm [enterprise] AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER
400		-	included in the directory:
	372	+	(c) The Office shall make available a fraud hotline for reporting violations of this 24
	373	+	section. 25
401	374
402		-	(1) all contract information available to the Department for the certified
403		-	local farm [enterprise] OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ;
	375	+	14–706. 26
404	376
405		-	(2) the ~~certification number~~ of the ~~certified local farm [enterprise] OR~~
406		-	~~CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ; and~~
	377	+	(a) Within 90 days after the end of the fiscal year, each unit shall report to the 27
	378	+	Office. 28
407	379
408		-	(3) any other information the Department considers necessary or
409		-	appropriate to encourage participation in the procurement process by local [farm
410		-	enterprises] FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS .
	380	+	(b) A report under this section for the preceding fiscal year shall: 29
	381	+	HOUSE BILL 63 9
411	382
412		-	(c) The Department shall:
413	383
414		-	(1) update the directory at least once a year; and
	384	+	(1) state the total number and value of procurement contracts for food 1
	385	+	between the unit and certified local [farm enterprises] FARMS AND CERTIFIED 2
	386	+	CHESAPEAKE INVASIVE S PECIES PROVIDERS ; 3
415	387
416		-	(2) ~~identify as recently certified in~~ the ~~directory each local farm~~
417		-	~~[enterprise]~~ AND ~~CHESAPEAKE INVASIVE S PECIES PROVIDER that has obtained~~
418		-	~~certification during the calendar year.~~
	388	+	(2) indicate the percentage that those procurement contracts for food 4
	389	+	represent of the total number and value of procurement contracts for food awarded by a 5
	390	+	unit; 6
419	391
420		-	14–708.
	392	+	(3) state the total number and the names of certified local [farm 7
	393	+	enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS 8
	394	+	that participated in procurement contracts for food awarded by a unit; 9
421	395
422		-	(a) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE
423		-	SPECIES PROVIDER FISH Food Aggregation Grant Fund.
424		-	Ch. 576 2023 LAWS OF MARYLAND
	396	+	(4) for each certified local farm [enterprise] OR CERTIFIED CHESAPEAKE 10
	397	+	INVASIVE SPECIES PROVIDER included in the report under item (3) of this subsection, list 11
	398	+	all procurement contracts for food awarded by a unit to the certified local farm [enterprise] 12
	399	+	OR CERTIFIED CHESAPEAKE INVASIVE SPECIE S PROVIDER, including a description of 13
	400	+	the contract; and 14
425	401
426		-	– 10 –
427		-	(b) The purpose of the Fund is to support the creation of food aggregation, storage,
428		-	processing, and distribution sites across the State through grants and near–equity
429		-	investments.
	402	+	(5) contain other such information as required by the Office, subject to 15
	403	+	approval by the Board. 16
430	404
431		-	(c) The Maryland Agricultural and Resource–Based Industry Development
432		-	Corporation shall administer the Fund.
	405	+	(c) A report under this section shall be: 17
433	406
434		-	(d) The ~~Fund consists of:~~
	407	+	(1) in a form prescribed by the Office; and 18
435	408
436		-	(1) ~~money appropriated in~~ the ~~State budget to the Fund;~~
	409	+	(2) approved by the Board. 19
437	410
438		-	(2) principal that is repaid from near–equity investments; and
	411	+	(D) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 31 20
	412	+	THEREAFTER , THE OFFICE SHALL SUBMIT A CONSOLIDATED REPORT TO THE 21
	413	+	SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT 22
	414	+	COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 23
	415	+	COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 24
	416	+	ARTICLE, ON PROGRAM IMPLEMENTATIO N AND PARTICIPATION . 25
439	417
440		-	(3) any other money from any other source accepted for the benefit of the
441		-	Fund.
	418	+	14–707. 26
442	419
443		-	(e) The ~~Fund may be used only for establishing~~ and ~~operating food aggregation,~~
444		-	~~storage, processing,~~ and ~~distribution sites across the State through grants and near–equity~~
445		-	~~investments~~.
	420	+	(a) (1) The Department shall develop and maintain a directory of all certified 27
	421	+	local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES 28
	422	+	PROVIDERS. 29
446	423
447		-	Article – Tax – Property
	424	+	(2) The directory shall be accessible to the public on the Department’s 30
	425	+	website. 31
	426	+	10 HOUSE BILL 63
448	427
449		-	13–209.
450	428
451		-	(g) (3) (i) 2. For fiscal year 2025 only, the Governor shall include in the
452		-	annual budget bill a General Fund appropriation in the amount of $2,735,000 to the
453		-	Maryland Agricultural and Resource –Based Industry Development Corporation
454		-	established under Title 10, Subtitle 5 of the Economic Development Article to be used as
455		-	follows:
	429	+	(b) The Department shall include the following information for each certified local 1
	430	+	farm [enterprise] AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER 2
	431	+	included in the directory: 3
456	432
457		-	~~A. $2,300,000~~ to ~~support~~ the ~~Corporation’s rural business~~
458		-	~~loan programs and small matching grant programs~~; ~~and~~
	433	+	(1) all contract information available to the Department for the certified 4
	434	+	local farm [enterprise] OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ; 5
459	435
460		-	B. $435,000 for grants and near–equity investments to:
	436	+	(2) the certification number of the certified local farm [enterprise] OR 6
	437	+	CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ; and 7
461	438
462		-	I. support the creation or expansion of agricultural product
463		-	aggregation and storage sites; and
	439	+	(3) any other information the Department considers necessary or 8
	440	+	appropriate to encourage participation in the procurement process by local [farm 9
	441	+	enterprises] FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS . 10
464	442
465		-	II. facilitate participation in the Certified Local Farm
466		-	[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program.
	443	+	(c) The Department shall: 11
467	444
468		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
469		-	October July 1, 2023.
	445	+	(1) update the directory at least once a year; and 12
470	446
471		-	Approved by the Governor, May 8, 2023.
	447	+	(2) identify as recently certified in the directory each local farm 13
	448	+	[enterprise] AND CHESAPEAKE INVASIVE S PECIES PROVIDER that has obtained 14
	449	+	certification during the calendar year. 15
	450	+
	451	+	14–708. 16
	452	+
	453	+	(a) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE 17
	454	+	SPECIES PROVIDER FISH Food Aggregation Grant Fund. 18
	455	+
	456	+	(b) The purpose of the Fund is to support the creation of food aggregation, storage, 19
	457	+	processing, and distribution sites across the State through grants and near–equity 20
	458	+	investments. 21
	459	+
	460	+	(c) The Maryland Agricultural and Resource–Based Industry Development 22
	461	+	Corporation shall administer the Fund. 23
	462	+
	463	+	(d) The Fund consists of: 24
	464	+
	465	+	(1) money appropriated in the State budget to the Fund; 25
	466	+
	467	+	(2) principal that is repaid from near–equity investments; and 26
	468	+
	469	+	(3) any other money from any other source accepted for the benefit of the 27
	470	+	Fund. 28
	471	+
	472	+	(e) The Fund may be used only for establishing and operating food aggregation, 29
	473	+	storage, processing, and distribution sites across the State through grants and near–equity 30
	474	+	investments. 31 HOUSE BILL 63 11
	475	+
	476	+
	477	+
	478	+	Article – Tax – Property 1
	479	+
	480	+	13–209. 2
	481	+
	482	+	(g) (3) (i) 2. For fiscal year 2025 only, the Governor shall include in the 3
	483	+	annual budget bill a General Fund appropriation in the amount of $2,735,000 to the 4
	484	+	Maryland Agricultural and Resource –Based Industry Development Corporation 5
	485	+	established under Title 10, Subtitle 5 of the Economic Development Article to be used as 6
	486	+	follows: 7
	487	+
	488	+	A. $2,300,000 to support the Corporation’s rural business 8
	489	+	loan programs and small matching grant programs; and 9
	490	+
	491	+	B. $435,000 for grants and near–equity investments to: 10
	492	+
	493	+	I. support the creation or expansion of agricultural product 11
	494	+	aggregation and storage sites; and 12
	495	+
	496	+	II. facilitate participation in the Certified Local Farm 13
	497	+	[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program. 14
	498	+
	499	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
	500	+	October July 1, 2023. 16
	501	+
	502	+
	503	+
	504	+
	505	+
	506	+	Approved:
	507	+	________________________________________________________________________________
	508	+	Governor.
	509	+	________________________________________________________________________________
	510	+	Speaker of the House of Delegates.
	511	+	________________________________________________________________________________
	512	+	President of the Senate.