Maryland 2023 Regular Session

Maryland House Bill HB695 Latest Draft

Bill / Chaptered Version Filed 05/10/2023

                             	WES MOORE, Governor 	Ch. 439 
 
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Chapter 439 
(House Bill 695) 
 
AN ACT concerning 
 
Rural Maryland Prosperity Investment Fund – Revisions and Sunset Repeal 
Allocation of Grants 
(Rural Communities Improvement Act of 2023) 
 
FOR the purpose of altering certain allocations of disbursements from the Rural Maryland 
Prosperity Investment Fund; authorizing the allocation of grants from the Rural 
Maryland Prosperity Investment Fund for certain business and workforce 
development activities; requiring the Executive Committee of the Executive Board 
for the Rural Maryland Council to agree to a reallocation of funds between grant 
categories before the Maryland Agricultural Education and Rural Development 
Assistance Board may reallocate the funds; requiring the Governor, beginning in a 
certain fiscal year, to appropriate a certain amount of money to the Fund annually; 
repealing the termination date of certain provisions of law establishing the Fund; 
and generally relating to the Rural Maryland Prosperity Fund. 
 
BY repealing and reenacting, with amendments, 
 Article – State Finance and Procurement 
Section 2–207 
 Annotated Code of Maryland 
 (2021 Replacement Volume and 2022 Supplement) 
 
BY repealing and reenacting, with amendments, 
Chapter 621 of the Acts of the General Assembly of 2006, as amended by Chapters 
469 and 470 of the Acts of the General Assembly of 2014 
 Section 2 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAN	D, 
That the Laws of Maryland read as follows: 
 
Article – State Finance and Procurement 
 
2–207. 
 
 (a) (1) In this section the following words have the meanings indicated. 
 
 (2) “Agriculture” means the commercial production, storage, processing, 
marketing, distribution, or export of an agronomic, aquacultural, equine, floricultural, 
horticultural, ornamental, silvicultural, or viticultural crop, including: 
 
 (i) farm products; 
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 (ii) livestock and livestock products; 
 
 (iii) poultry and poultry products; 
 
 (iv) milk and dairy products; 
 
 (v) timber and forest products; 
 
 (vi) fruit and horticultural products; and 
 
 (vii) seafood and aquacultural products. 
 
 (3) “Board” means the Maryland Agricultural Education and Rural 
Development Assistance Board established under § 2–206(e) of this subtitle. 
 
 (4) “COOPERATIVE DEVELOPME NT” MEANS ACTIVITIES TO SUPPORT 
THE CREATION OR GROW TH OF A BUSINESS COO PERATIVE, INCLUDING SUPPORT 
FOR:  
 
 (I) BUSINESS FEASIBILITY STUDIES; 
 
 (II) INDUSTRY STUDIES ; 
 
 (III) MARKET STUDIES ; 
 
 (IV) THE ESTABLISHMENT OF BUSINESS ENTITIES ; AND 
 
 (V) ADMINISTRATION OF TH E BUSINESS COOPERATI VE. 
 
 [(4)] (5) “Council” means the Rural Maryland Council established under 
Title 13, Subtitle 4 of the Economic Development Article. 
 
 (6) “EXECUTIVE BOARD” MEANS THE EXECUTIVE BOARD 
ESTABLISHED UNDER § 13–407 OF THE ECONOMIC DEVELOPMENT ARTICLE FOR 
THE COUNCIL. 
 
 (7) “EXECUTIVE COMMITTEE” MEANS THE EXECUTIVE COMMITTEE 
OF THE EXECUTIVE BOARD, AS ESTABLISHED IN TH E BYLAWS OF THE COUNCIL. 
 
 [(5)] (8) (6) “Fund” means the Rural Maryland Prosperity Investment Fund 
established under this section. 
 
 [(6)] (9) (7) “Regional councils” means: 
 
 (i) the Mid–Shore Regional Council;   	WES MOORE, Governor 	Ch. 439 
 
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 (ii) the Tri–County Council for the Lower Eastern S hore of 
Maryland; 
 
 (iii) the Tri–County Council for Southern Maryland; 
 
 (iv) the Tri–County Council for Western Maryland; and 
 
 (v) the Upper Shore Regional Council. 
 
 [(7)] (10) (8) “Rural area” means: 
 
 (i) the following counties: 
 
 1. Allegany; 
 
 2. Calvert; 
 
 3. Caroline; 
 
 4. Carroll; 
 
 5. Cecil; 
 
 6. Charles; 
 
 7. Dorchester; 
 
 8. Frederick; 
 
 9. Garrett; 
 
 10. Harford; 
 
 11. Kent; 
 
 12. Queen Anne’s; 
 
 13. St. Mary’s; 
 
 14. Somerset; 
 
 15. Talbot; 
 
 16. Washington; 
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 17. Wicomico; and 
 
 18. Worcester; and 
 
 (ii) portions of other counties in close proximity to agricultural 
activity. 
 
 [(8)] (11) (9) “Rural community” means an incorporated or unincorporated 
area of a county or group of counties in a rural area. 
 
 (12) (10) “WORKFORCE DEVELOPMENT ” MEANS ACTIVITIES TO : 
 
 (I) ASSIST WORKERS WITH OBTAINING TRAINING I N THE 
NECESSARY SKILLS REQ UIRED BY LOCAL EMPLO YERS; AND 
 
 (II) ASSIST COMMUNITY COL LEGES, CAREER AND TECHNICAL 
EDUCATION CENTERS , LOCAL WORKFORCE BOAR DS, AND SIMILAR ORGANIZA TIONS 
WITH EFFORTS TO PROV IDE TRAINING PROGRAM S CONSISTENT WITH IT EM (I) OF 
THIS PARAGRAPH . 
 
 (b) The General Assembly finds that: 
 
 (1) many rural communities in the State face a host of difficult challenges 
relating to persistent unemployment and poverty, changing technological and economic 
conditions, an aging population and an out–migration of youth, inadequate access to quality 
housing, health care and other services, and deteriorating or inadequate transportation, 
communications, sanitation, and economic development infrastructure; 
 
 (2) Maryland’s agricultural and resource–based industries continue to 
underpin the local economies of rural communities but are increasingly under threat from 
national and international market competition, urban encroachment and land development 
pressure, and environmental and regulatory influences; 
 
 (3) local governments, regional organizations, educational institutions, 
and private sector service providers have been unable to meet all the economic 
development, community development, health care, and human services needs of Maryland 
residents in the rural counties and municipal corporations because of a lack of adequate 
available capacity and resources; 
 
 (4) the objective of the Rural Maryland Prosperity Investment Fund is to 
help raise the overall standard of living in rural areas to a level that meets or exceeds 
statewide benchmark averages [by 2030,] while preserving the best aspects of a pastoral 
heritage and rural way of life; 
   	WES MOORE, Governor 	Ch. 439 
 
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 (5) resources provided to the Fund are designed to facilitate significant 
targeted investments in important economic, health care, and community development 
programs and promote regional and intergovernmental cooperation; 
 
 (6) these investments will also enable local and regional public and 
nonprofit organizations to leverage additional nonstate financial and human resources to 
facilitate the realization of sustainable rural development objectives while the program is 
in effect; and 
 
 (7) the Fund will serve the interests of the entire State by: 
 
 (i) encouraging the increase of entrepreneurial activity and 
commerce and a balanced economy in the State; 
 
 (ii) relieving conditions of unemployment and underemployment in 
rural areas; 
 
 (iii) assisting in the retention of valuable farm and forest land for 
productive use by present and future generations; 
 
 (iv) promoting intergovernmental cooperation and public 
sector/private sector partnerships in and between rural and other areas; 
 
 (v) enhancing the deployment of housing, transportation, water, 
wastewater, and broadband communications infrastructure and services in rural areas; 
 
 (vi) supporting rural commercial center redevelopment and 
community revitalization efforts; and 
 
 (vii) generally promoting the health, happiness, safety, employment 
opportunity, and general welfare of the residents of each of the rural counties and 
municipal corporations of the State. 
 
 (c) (1) There is a Rural Maryland Prosperity Investment Fund. 
 
 (2) The Fund is administered by the Rural Maryland Council with the 
assistance of the Board. 
 
 (3) The purpose of the Fund is to provide funding to rural regional and 
statewide planning and development organizations, institutions of higher education 
serving rural communities, rural community development organizations, and local 
governments acting in partnership with one another to promote the quality of life in rural 
areas. 
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 (d) (1) Each year, beginning in fiscal year 2008 and continuing through fiscal 
year [2030] 2024, the Governor may include an appropriation in the budget bill for the 
Fund. 
 
 (2) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , 
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 
OF AT LEAST $1,000,000 TO THE FUND, TO BE USED FOR THE D ISBURSEMENTS 
REQUIRED UNDER SUBSE CTION (F)(2) OF THIS SECTION. 
 
 (e) (1) The Fund is a special, nonlapsing fund that is not subject to reversion 
under § 7–302 of this article. 
 
 (2) The Treasurer shall separately hold and the Comptroller shall account 
for the Fund. 
 
 (3) The Treasurer may invest money in the Fund in the same manner as 
other State money may be invested. 
 
 (f) (1) Except as provided in paragraph (2) of this subsection, disbursements 
of money appropriated to the Fund shall be allocated in the following manner: 
 
 (i) one–third shall be allocated equally to the five regional councils 
as grants for rural regional planning and development assistance, by targeting support to 
the[: 
 
 1.] regional councils serving rural areas; and 
 
 [2. multicounty efforts serving rural communities in areas not 
served by the regional councils; and] 
 
 (ii) the remaining two–thirds shall be allocated equally as grants 
among the following categories: 
 
 1. regional infrastructure projects that directly involve two 
or more units of local government, not to exceed one–fourth of the total cost of any 
particular project; 
 
 2. rural entrepreneurship AND AGRICULTURAL 
development, including:  
 
 A. programs and activities serving rural communities 
undertaken by nonprofit organizations and institutions of higher education; 
 
 B. COOPERATIVE DEVELOPM ENT; AND 
   	WES MOORE, Governor 	Ch. 439 
 
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 C. WORKFORCE DEVELOPMEN T; 
 
 3. rural community development, programmatic assistance, 
and education, with money to be divided equally between the Council and the Maryland 
Agricultural Education and Rural Development Assistance Fund; and 
 
 4. rural health care organizations. 
 
 (2) If in any fiscal year revenues appropriated to the Fund are insufficient 
to fully fund all grants under paragraph (1) of this subsection, disbursements of money 
appropriated to the Fund shall be allocated as follows: 
 
 (i) [$500,000] $1,000,000 shall be allocated to the Council, of 
which: 
 
 1. [$250,000] $750,000 shall be used to support the 
operations of the Council; and 
 
 2. $250,000 shall be allocated to the Maryland Agricultural 
Education and Rural Development Assistance Fund established under § 2–206 of this 
subtitle; and 
 
 (ii) the remaining disbursements of money appropriated to the Fund 
shall be allocated in the manner described in paragraph (1) of this subsection. 
 
 (g) (1) Any money received by a regional council under subsection (f)(1)(i) of 
this section shall be used to benefit rural areas as the regional council determines. 
 
 (2) (i) Subject to subparagraph (ii) of this paragraph, the Board shall 
award grants from the Fund under subsection (f)(1)(ii) of this section on a competitive basis 
in accordance with the procedures in § 2–206(e) of this subtitle. 
 
 (ii) Any money received by the Council under subsection (f)(1)(ii) of 
this section shall be used to help administer the Fund and perform other functions that 
benefit rural areas as the Council determines. 
 
 (3) A grant recipient shall submit to the Council written documentation of 
how the grant recipient spent or otherwise used the grant. 
 
 (h) The Board may reallocate money from one category listed in subsection 
(f)(1)(ii) of this section to another category only if: 
 
 (1) there is a lack of sufficient applications requesting use of money in a 
particular category; AND 
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 (2) THE EXECUTIVE COMMITTEE CONCURS WIT	H THE 
REALLOCATION . 
 
 (i) (1) On or before October 1 of each year, the Council shall submit a report 
to the Governor and, in accordance with § 2–1257 of the State Government Article, the 
General Assembly. 
 
 (2) The report shall summarize the activities of the Fund during the 
preceding fiscal year, including: 
 
 (i) the number of grants made during the fiscal year; 
 
 (ii) the names of the recipients of the grants; 
 
 (iii) the specific purpose of each grant awarded; and 
 
 (iv) documentation of how the grant recipient spent or otherwise 
used the grant. 
 
Chapter 621 of the Acts of 2006, as amended by Chapters 469 and 470 of the Acts 
of 2014 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2006. [It shall remain effective for a period of 24 years and, at the end of June 30, 2030, 
with no further action required by the General Assembly, this Act shall be abrogated and 
of no further force and effect.] 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2023.  
 
Approved by the Governor, May 8, 2023.