MD
Maryland Senate Bill SB386

Maryland 2023 Regular Session

Maryland Senate Bill SB386 Compare Versions

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1- WES MOORE, Governor Ch. 575
21
3-– 1 –
4-Chapter 575
5-(Senate Bill 386)
62
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+ *sb0386*
89
9-Certified Local Farm and Chesapeake Invasive Species Provider Fish Program
10-– Establishment
10+SENATE BILL 386
11+P2, M2, M4 3lr1407
12+SB 985/20 – EHE CF HB 63
13+By: Senator Senators Hester and Bailey
14+Introduced and read first time: February 1, 2023
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable with amendments
17+Senate action: Adopted with floor amendments
18+Read second time: February 25, 2023
1119
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+CHAPTER ______
2221
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+AN ACT concerning 1
2823
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)
24+Certified Local Farm and Chesapeake Invasive Species Provider Fish Program 2
25+– Establishment 3
3426
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)
27+FOR the purpose of altering the Certified Local Farm Enterprise Program to be the 4
28+Certified Local Farm and Chesapeake Invasive Species Provider Fish Program; 5
29+expanding the purpose of the Program to include food from certified Chesapeake 6
30+invasive species providers in the overall percentage goal for certain procurement 7
31+contracts; altering the Certified Local Farm Enterprise Food Aggregation Grant 8
32+Fund to be the Certified Local Farm and Chesapeake Invasive Species Provider Fish 9
33+Food Aggregation Grant Fund; and generally relating to the Certified Local Farm 10
34+and Chesapeake Invasive Species Provider Fish Program and the Certified Local 11
35+Farm and Chesapeake Invasive Species Provider Fish Food Aggregation Grant 12
36+Fund. 13
4237
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. 575 2023 LAWS OF MARYLAND
38+BY repealing and reenacting, with amendments, 14
39+ Article – Education 15
40+Section 9.11–101 16
41+ Annotated Code of Maryland 17
42+ (2022 Replacement Volume) 18
4943
50-– 2 –
51- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
52-That the Laws of Maryland read as follows:
44+BY repealing and reenacting, without amendments, 19
45+ Article – State Finance and Procurement 20
46+Section 11–203(e)(1) and (2) 21
47+ Annotated Code of Maryland 22
48+ (2021 Replacement Volume and 2022 Supplement) 23 2 SENATE BILL 386
5349
54-Article – Education
5550
56-9.11–101.
5751
58- (a) In this title the following words have the meanings indicated.
52+BY repealing and reenacting, with amendments, 1
53+ Article – State Finance and Procurement 2
54+Section 11–203(e)(5)(i); and 14–701 through 14–708 to be under the amended 3
55+subtitle “Subtitle 7. Certified Local Farm and Chesapeake Invasive Species 4
56+Provider Fish Program” 5
57+ Annotated Code of Maryland 6
58+ (2021 Replacement Volume and 2022 Supplement) 7
5959
60- (b) “Fund” means the Maryland Farm–to–School Meal Grant Fund.
60+BY repealing and reenacting, with amendments, 8
61+ Article – Tax – Property 9
62+Section 13–209(g)(3)(i)2. 10
63+ Annotated Code of Maryland 11
64+ (2019 Replacement Volume and 2022 Supplement) 12
6165
62- (c) “Local” means an agricultural product grown, harvested, produced, or
63-processed from a certified local farm [enterprise].
66+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
67+That the Laws of Maryland read as follows: 14
6468
65- (d) “Pilot program” means the Maryland Farm –to–School Meal Grant Pilot
66-Program.
69+Article – Education 15
6770
68-Article – State Finance and Procurement
71+9.11–101. 16
6972
70-11–203.
73+ (a) In this title the following words have the meanings indicated. 17
7174
72- (e) (1) In this subsection, “University” means the University System of
73-Maryland, Morgan State University, or St. Mary’s College of Maryland.
75+ (b) “Fund” means the Maryland Farm–to–School Meal Grant Fund. 18
7476
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.
77+ (c) “Local” means an agricultural product grown, harvested, produced, or 19
78+processed from a certified local farm [enterprise]. 20
7879
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:
80+ (d) “Pilot program” means the Maryland Farm –to–School Meal Grant Pilot 21
81+Program. 22
8282
83- 1. § 11–205 of this subtitle (“Collusion”);
83+Article – State Finance and Procurement 23
8484
85- 2. § 11–205.1 of this subtitle (“Falsification, concealment,
86-etc., of material facts”);
85+11–203. 24
8786
88- 3. § 13–219 of this article (“Required clauses –
89-Nondiscrimination clause”);
87+ (e) (1) In this subsection, “University” means the University System of 25
88+Maryland, Morgan State University, or St. Mary’s College of Maryland. 26
9089
91- 4. § 13–225 of this article (“Retainage”);
90+ (2) Except as otherwise provided in this subsection, this Division II does 27
91+not apply to the University System of Maryland, Morgan State University, St. Mary’s 28
92+College of Maryland, or Baltimore City Community College. 29
9293
93- 5. Title 14, Subtitle 3 of this article (“Minority Business
94-Participation”);
95- WES MOORE, Governor Ch. 575
94+ (5) (i) Except as provided in paragraph (7) of this subsection, the 30
95+following provisions of Division II of this article apply to a University and to Baltimore City 31
96+Community College: 32
97+ SENATE BILL 386 3
9698
97-– 3 –
98- 6. Title 14, Subtitle 7 of this article (“Certified Local Farm
99-[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program”);
10099
101- 7. Title 15, Subtitle 1 of this article (“Procurement Contract
102-Administration”);
100+ 1. § 11–205 of this subtitle (“Collusion”); 1
103101
104- 8. § 15–226 of this article (“Policy established; timing of
105-payments; notice upon nonpayment; disputes; appeals”); and
102+ 2. § 11–205.1 of this subtitle (“Falsification, concealment, 2
103+etc., of material facts”); 3
106104
107- 9. Title 16 of this article (“Suspension and Debarment of
108-Contractors”).
105+ 3. § 13–219 of this article (“Required clauses – 4
106+Nondiscrimination clause”); 5
109107
110-Subtitle 7. Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE SPECIES
111-PROVIDER FISH Program.
108+ 4. § 13–225 of this article (“Retainage”); 6
112109
113-14–701.
110+ 5. Title 14, Subtitle 3 of this article (“Minority Business 7
111+Participation”); 8
114112
115- (a) In this subtitle the following words have the meanings indicated.
113+ 6. Title 14, Subtitle 7 of this article (“Certified Local Farm 9
114+[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program”); 10
116115
117- (B) “CERTIFIED CHESAPEAKE INVASIVE S PECIES” MEANS A FINFISH
118-SPECIES THAT IS:
116+ 7. Title 15, Subtitle 1 of this article (“Procurement Contract 11
117+Administration”); 12
119118
120- (1) RANKED AS HIGH PRIOR ITY IN THE MARYLAND AQUATIC
121-NUISANCE SPECIES MANAGEMENT PLAN; AND
119+ 8. § 15–226 of this article (“Policy established; timing of 13
120+payments; notice upon nonpayment; disputes; appeals”); and 14
122121
123- (2) HARVESTED FROM THE CHESAPEAKE BAY OR ITS TRIBUTARIE S.
122+ 9. Title 16 of this article (“Suspension and Debarment of 15
123+Contractors”). 16
124124
125- (C) “CERTIFIED CHESAPEAKE INVASIVE SPECIES PROVIDER ” MEANS A
126-PERSON LICENSED AND AUTHORIZED AS A SEAF OOD DEALER UNDER § 4–701 OF THE
127-NATURAL RESOURCES ARTICLE THAT:
125+Subtitle 7. Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE SPECIES 17
126+PROVIDER FISH Program. 18
128127
129- (1) IS CERTIFIED BY THE DEPARTMENT IN ACCORDA NCE WITH
130-REGULATIONS ADOPTED UNDER THIS SUBTITLE ; AND
128+14–701. 19
131129
132- (2) CAN DEMONSTRATE T HAT THE PERSON ’S PRODUCT IS A
133-CERTIFIED CHESAPEAKE INVASIVE S PECIES.
130+ (a) In this subtitle the following words have the meanings indicated. 20
134131
135- [(b)] (D) “Certified local [farm enterprise”] FARM” means a local farm
136-enterprise that:
132+ (B) “CERTIFIED CHESAPEAKE INVASIVE S PECIES” MEANS A FINFISH 21
133+SPECIES THAT IS: 22
137134
138- (1) meets the nutrient management requirements established under Title
139-8, Subtitle 8 of the Agriculture Article; and
135+ (1) RANKED AS HIGH PRIOR ITY IN THE MARYLAND AQUATIC 23
136+NUISANCE SPECIES MANAGEMENT PLAN; AND 24
140137
141- (2) is certified by the Department in accordance with regulations adopted
142-under this subtitle. Ch. 575 2023 LAWS OF MARYLAND
138+ (2) HARVESTED FROM THE CHESAPEAKE BAY OR ITS TRIBUTARIE S. 25
143139
144-– 4 –
140+ (C) “CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ” MEANS A 26
141+PERSON LICENSED AND AUTHORIZED AS A SEAF OOD DEALER UNDER § 4–701 OF THE 27
142+NATURAL RESOURCES ARTICLE THAT: 28
145143
146- [(c)] (E) “Department” means the Department of Agriculture.
144+ (1) IS CERTIFIED BY THE DEPARTMENT IN ACCORDA NCE WITH 29
145+REGULATIONS ADOPTED UNDER THIS SUBTITLE ; AND 30 4 SENATE BILL 386
147146
148- [(d)] (F) “Office” means the Office for the Certified Local Farm [Enterprise] AND
149-CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program.
150147
151- [(e)] (G) “Program” means the Certified Local Farm [Enterprise] AND
152-CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program.
153148
154-14–702.
149+ (2) CAN DEMONSTRATE THA T THE PERSON ’S PRODUCT IS A 1
150+CERTIFIED CHESAPEAKE INVASIVE S PECIES. 2
155151
156- (a) (1) There is an Office for the Certified Local Farm [Enterprise] AND
157-CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program in the Department.
152+ [(b)] (D) “Certified local [farm enterprise”] FARM” means a local farm 3
153+enterprise that: 4
158154
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 INVASIV E SPECIES PROVIDERS in the Program.
155+ (1) meets the nutrient management requirements established under Title 5
156+8, Subtitle 8 of the Agriculture Article; and 6
162157
163- (b) (1) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE
164-INVASIVE SPECIES PROVIDER FISH Program in the Office.
158+ (2) is certified by the Department in accordance with regulations adopted 7
159+under this subtitle. 8
165160
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.
161+ [(c)] (E) “Department” means the Department of Agriculture. 9
170162
171- (c) The Department shall create two positions to provide staff for the Office.
163+ [(d)] (F) “Office” means the Office for the Certified Local Farm [Enterprise] AND 10
164+CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program. 11
172165
173-14–703.
166+ [(e)] (G) “Program” means the Certified Local Farm [Enterprise] AND 12
167+CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program. 13
174168
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+14–702. 14
180170
181- (2) A unit may achieve the 20% goal through:
171+ (a) (1) There is an Office for the Certified Local Farm [Enterprise] AND 15
172+CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program in the Department. 16
182173
183- (i) competitive sealed bids and proposals; and
174+ (2) The purpose of the Office is to administer the Program and facilitate 17
175+the participation of certified local [farm enterprises] FARMS AND CERTIFIED 18
176+CHESAPEAKE INVASIV E SPECIES PROVIDERS in the Program. 19
184177
185- (ii) small procurement in accordance with § 13–109 of this article.
178+ (b) (1) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE 20
179+INVASIVE SPECIES PROVIDER FISH Program in the Office. 21
186180
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. 575
181+ (2) The purpose of the Program is to encourage each unit to try to achieve 22
182+an overall percentage goal of 20% of the unit’s total dollar value of procurement contracts 23
183+for food from certified local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE 24
184+INVASIVE SPECIES PRO VIDERS. 25
190185
191-– 5 –
192- (i) 1. has the lowest bid price;
186+ (c) The Department shall create two positions to provide staff for the Office. 26
193187
194- 2. has the lowest evaluated bid price; or
188+14–703. 27
195189
196- 3. for procurements subject to § 11–202(3) of this article, is
197-the bid most favorable to the State; and
190+ (a) (1) Each unit shall structure procurement procedures, consistent with the 28
191+purposes of this subtitle, to try to achieve an overall percentage goal of 20% of the unit’s 29
192+total dollar value of procurement contracts for food being made directly or indirectly to 30 SENATE BILL 386 5
198193
199- (ii) meets or makes a good faith effort to meet any applicable goal
200-established under this subtitle.
201194
202- (4) For procurements conducted by competitive sealed proposals, a unit
203-shall award the contract to the responsible offeror:
195+certified local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE 1
196+SPECIES PROVIDERS . 2
204197
205- (i) proposing the most advantageous offer; and
198+ (2) A unit may achieve the 20% goal through: 3
206199
207- (ii) that meets or makes a good faith effort to meet any applicable
208-goal established under this subtitle.
200+ (i) competitive sealed bids and proposals; and 4
209201
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.
202+ (ii) small procurement in accordance with § 13–109 of this article. 5
214203
215- (c) Each unit shall:
204+ (3) For procurements conducted by competitive sealed bidding, a unit shall 6
205+award the contract to the responsible bidder that submits the responsive bid that: 7
216206
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;
207+ (i) 1. has the lowest bid price; 8
219208
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:
209+ 2. has the lowest evaluated bid price; or 9
224210
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
211+ 3. for procurements subject to § 11–202(3) of this article, is 10
212+the bid most favorable to the State; and 11
228213
229- (ii) the contract goal guidelines established under subsection (b) of
230-this section;
214+ (ii) meets or makes a good faith effort to meet any applicable goal 12
215+established under this subtitle. 13
231216
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
217+ (4) For procurements conducted by competitive sealed proposals, a unit 14
218+shall award the contract to the responsible offeror: 15
234219
235- (4) institute corrective action when a unit does not make good faith efforts
236-to comply with contract goals.
237- Ch. 575 2023 LAWS OF MARYLAND
220+ (i) proposing the most advantageous offer; and 16
238221
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.
222+ (ii) that meets or makes a good faith effort to meet any applicable 17
223+goal established under this subtitle. 18
244224
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.
225+ (b) The Office, in consultation with the Secretary of Agriculture, shall establish 19
226+guidelines for each unit to consider when determining the appropriate local farm 20
227+[enterprise] AND CHESAPEAKE INVASIVE S PECIES PROVIDER participation percentage 21
228+goal for a procurement contract for food in accordance with subsection (c) of this section. 22
249229
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.
230+ (c) Each unit shall: 23
254231
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.
232+ (1) consider the practical severability of all procurement contracts for food 24
233+and, in accordance with § 11–201 of this article, may not bundle contracts; 25
260234
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.
235+ (2) implement a program that will enable the unit to evaluate each 26
236+procurement contract for food to determine the appropriate local farm [enterprise] AND 27
237+CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals, if any, for the contract 28
238+based on: 29
239+ 6 SENATE BILL 386
264240
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.
267241
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:
242+ (i) the availability of certified local [farm enterprises] FARMS AND 1
243+CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS to respond competitively to 2
244+contract opportunities; and 3
272245
273- (i) the contract titles, numbers, and dates;
246+ (ii) the contract goal guidelines established under subsection (b) of 4
247+this section; 5
274248
275- (ii) the number of waiver requests received;
249+ (3) monitor and collect data with respect to a unit’s compliance with 6
250+contract goals, including explanations for failing to meet contract goals; and 7
276251
277- (iii) the number of waiver requests granted; and
252+ (4) institute corrective action when a unit does not make good faith efforts 8
253+to comply with contract goals. 9
278254
279- (iv) any other information specifically requested by the Board.
255+ (d) The Office shall, in consultation with the Secretary of Agriculture, establish 10
256+procedures governing how the participation of certified local [farm enterprises] FARMS 11
257+AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS is counted toward 12
258+contract goals under the Program. 13
280259
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. 575
260+ (e) (1) (i) If a unit does not achieve the certified local farm [enterprise] 14
261+AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals on a 15
262+procurement contract for food, the unit shall demonstrate to the Office that the unit took 16
263+all necessary and reasonable steps to achieve the goals. 17
284264
285-– 7 –
286-Operations Committee on or before October 1 each year, in accordance with § 2–1257 of the
287-State Government Article.
265+ (ii) A waiver of any part of the certified local farm [enterprise] AND 18
266+CERTIFIED CHESAPEAKE IN VASIVE SPECIES PROVI DER goals for a procurement 19
267+contract for food shall be granted if a unit provides to the Office a reasonable demonstration 20
268+of good faith efforts to achieve the goals. 21
288269
289-14–704.
270+ (2) The Office may waive any of the requirements of this subsection 22
271+relating to the establishment, use, and waiver of certified local farm [enterprise] AND 23
272+CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER goals for a sole source, 24
273+expedited, or emergency procurement in which the public interest cannot reasonably 25
274+accommodate use of those requirements. 26
290275
291- (a) In accordance with Title 10, Subtitle 1 of the State Government Article, the
292-Office shall adopt regulations to implement this subtitle.
276+ (3) Except for waivers granted in accordance with paragraph (2) of this 27
277+subsection, when a waiver determination is made, the Office shall issue the determination 28
278+in writing. 29
293279
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 .
280+ (4) On or before July 31 each year, the Office shall submit directly to the 30
281+Board an annual report of waivers requested and waivers granted under this subsection. 31
299282
300- (c) The regulations shall include provisions:
283+ (5) The report required under paragraph (4) of this subsection shall contain 32
284+the following information on those procurement contracts for food where the Office 33
285+considered a unit’s request for waiver of all or a portion of the local farm [enterprise] AND 34
286+CHESAPEAKE INVASIVE S PECIES PROVIDER goals: 35
287+ SENATE BILL 386 7
301288
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;
306289
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 INVASIVE SPECIES PRO VIDER if the
310-local [farm enterprise’s] FARM’S OR CHESAPEAKE INVASIVE S PECIES PROVIDER ’S
311-certification is pending;
290+ (i) the contract titles, numbers, and dates; 1
312291
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
292+ (ii) the number of waiver requests received; 2
316293
317- (4) that the Office considers necessary or appropriate to:
294+ (iii) the number of waiver requests granted; and 3
318295
319- (i) encourage participation by local [farm enterprises] FARMS AND
320-CHESAPEAKE INVASIVE S PECIES PROVIDERS ; and
296+ (iv) any other information specifically requested by the Board. 4
321297
322- (ii) protect the integrity of the procurement process.
298+ (f) The Board shall keep a record of information regarding any waivers requested 5
299+in accordance with this section and submit a copy of the record to the Senate Education, 6
300+Health, and Environmental Affairs Committee and the House Health and Government 7
301+Operations Committee on or before October 1 each year, in accordance with § 2–1257 of the 8
302+State Government Article. 9
323303
324-14–705.
304+14–704. 10
325305
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+ (a) In accordance with Title 10, Subtitle 1 of the State Government Article, the 11
307+Office shall adopt regulations to implement this subtitle. 12
329308
330- (1) subpoena witnesses; Ch. 575 2023 LAWS OF MARYLAND
309+ (b) The regulations shall establish procedures to be followed by units, certified 13
310+local [farm enterprises] FARMS AND CERTIFI ED CHESAPEAKE INVASIVE S PECIES 14
311+PROVIDERS, and successful bidders or offerors to maximize notice to, and the opportunity 15
312+to participate in the food procurement process by, a broad range of local [farm enterprises] 16
313+FARMS AND CHESAPEAKE INVASIVE S PECIES PROVI DERS. 17
331314
332-– 8 –
315+ (c) The regulations shall include provisions: 18
333316
334- (2) administer oaths; and
317+ (1) designating the Office to certify and decertify local [farm enterprises] 19
318+FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS for all units through a single 20
319+process, including provisions that promote and facilitate the submission of some or all of 21
320+the certification application through an electronic process; 22
335321
336- (3) compel the production of records, books, papers, and other documents.
322+ (2) specifying that a unit may not allow a local farm [enterprise] OR 23
323+CHESAPEAKE INVASIVE S PECIES PROVIDER to participate as if it were a certified local 24
324+farm [enterprise] OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER if the 25
325+local [farm enterprise’s] FARM’S OR CHESAPEAKE INVASIVE S PECIES PROVIDER ’S 26
326+certification is pending; 27
337327
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.
328+ (3) consistent with this subtitle, relating to any circumstances under which 28
329+the Office may waive obligations of a unit relating to certified local farm [enterprise] AND 29
330+CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals; and 30
342331
343- (c) The Office shall make available a fraud hotline for reporting violations of this
344-section.
332+ (4) that the Office considers necessary or appropriate to: 31
345333
346-14–706.
334+ (i) encourage participation by local [farm enterprises] FARMS AND 32
335+CHESAPEAKE INVASIVE S PECIES PROVIDERS ; and 33 8 SENATE BILL 386
347336
348- (a) Within 90 days after the end of the fiscal year, each unit shall report to the
349-Office.
350337
351- (b) A report under this section for the preceding fiscal year shall:
352338
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 ;
339+ (ii) protect the integrity of the procurement process. 1
356340
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;
341+14–705. 2
360342
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;
343+ (a) In the same manner and with the same fees as provided by law in civil cases, 3
344+in a matter regarding the decertification of a certified local farm [enterprise] OR 4
345+CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER , the Office may: 5
364346
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
347+ (1) subpoena witnesses; 6
370348
371- (5) contain other such information as required by the Office, subject to
372-approval by the Board.
349+ (2) administer oaths; and 7
373350
374- (c) A report under this section shall be:
351+ (3) compel the production of records, books, papers, and other documents. 8
375352
376- (1) in a form prescribed by the Office; and
377- WES MOORE, Governor Ch. 575
353+ (b) If a person fails to comply with a subpoena issued under subsection (a) of this 9
354+section, or fails to produce documents or other evidence, on petition of the Office, a court of 10
355+competent jurisdiction may pass an order directing compliance with the subpoena or 11
356+compelling the production of documents or other evidence. 12
378357
379-– 9 –
380- (2) approved by the Board.
358+ (c) The Office shall make available a fraud hotline for reporting violations of this 13
359+section. 14
381360
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 AND THE
385-HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE
386-WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON PROGRAM
387-IMPLEMENTATION AND P ARTICIPATION.
361+14–706. 15
388362
389-14–707.
363+ (a) Within 90 days after the end of the fiscal year, each unit shall report to the 16
364+Office. 17
390365
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.
366+ (b) A report under this section for the preceding fiscal year shall: 18
394367
395- (2) The directory shall be accessible to the public on the Department’s
396-website.
368+ (1) state the total number and value of procurement contracts for food 19
369+between the unit and certified local [farm enterprises] FARMS AND CERTIFIED 20
370+CHESAPEAKE INVASIVE S PECIES PROVIDERS ; 21
397371
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+ (2) indicate the percentage that those procurement contracts for food 22
373+represent of the total number and value of procurement contracts for food awarded by a 23
374+unit; 24
401375
402- (1) all contract information available to the Department for the certified
403-local farm [enterprise] OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ;
376+ (3) state the total number and the names of certified local [farm 25
377+enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS 26
378+that participated in procurement contracts for food awarded by a unit; 27
404379
405- (2) the certification number of the certified local farm [enterprise] OR
406-CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER; and
380+ (4) for each certified local farm [enterprise] OR CERTIFIED CHESAPEAKE 28
381+INVASIVE SPECIES PROVIDER included in the report under item (3) of this subsection, list 29
382+all procurement contracts for food awarded by a unit to the certified local farm [enterprise] 30 SENATE BILL 386 9
407383
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 .
411384
412- (c) The Department shall:
385+OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER , including a description of 1
386+the contract; and 2
413387
414- (1) update the directory at least once a year; and
388+ (5) contain other such information as required by the Office, subject to 3
389+approval by the Board. 4
415390
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.
391+ (c) A report under this section shall be: 5
419392
420-14–708.
393+ (1) in a form prescribed by the Office; and 6
421394
422- (a) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE
423-SPECIES PROVIDER FISH Food Aggregation Grant Fund.
424- Ch. 575 2023 LAWS OF MARYLAND
395+ (2) approved by the Board. 7
425396
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.
397+ (D) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 31 8
398+THEREAFTER , THE OFFICE SHALL SUBMIT A CONSOLIDATED REPORT TO THE 9
399+SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT AND THE 10
400+HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE 11
401+WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON PROGRAM 12
402+IMPLEMENTATION AND P ARTICIPATION. 13
430403
431- (c) The Maryland Agricultural and Resource–Based Industry Development
432-Corporation shall administer the Fund.
404+14–707. 14
433405
434- (d) The Fund consists of:
406+ (a) (1) The Department shall develop and maintain a directory of all certified 15
407+local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES 16
408+PROVIDERS. 17
435409
436- (1) money appropriated in the State budget to the Fund;
410+ (2) The directory shall be accessible to the public on the Department’s 18
411+website. 19
437412
438- (2) principal that is repaid from near–equity investments; and
413+ (b) The Department shall include the following information for each certified local 20
414+farm [enterprise] AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER 21
415+included in the directory: 22
439416
440- (3) any other money from any other source accepted for the benefit of the
441-Fund.
417+ (1) all contract information available to the Department for the certified 23
418+local farm [enterprise] OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ; 24
442419
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+ (2) the certification number of the certified local farm [enterprise] OR 25
421+CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ; and 26
446422
447-Article – Tax – Property
423+ (3) any other information the Department considers n ecessary or 27
424+appropriate to encourage participation in the procurement process by local [farm 28
425+enterprises] FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS . 29
448426
449-13–209.
427+ (c) The Department shall: 30
450428
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+ (1) update the directory at least once a year; and 31
430+ 10 SENATE BILL 386
456431
457- A. $2,300,000 to support the Corporation’s rural business
458-loan programs and small matching grant programs; and
459432
460- B. $435,000 for grants and near–equity investments to:
433+ (2) identify as recently certified in the directory each local farm 1
434+[enterprise] AND CHESAPEAKE INVASIVE S PECIES PROVIDER that has obtained 2
435+certification during the calendar year. 3
461436
462- I. support the creation or expansion of agricultural product
463-aggregation and storage sites; and
437+14–708. 4
464438
465- II. facilitate participation in the Certified Local Farm
466-[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program.
439+ (a) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE 5
440+SPECIES PROVIDER FISH Food Aggregation Grant Fund. 6
467441
468- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
469-October July 1, 2023.
442+ (b) The purpose of the Fund is to support the creation of food aggregation, storage, 7
443+processing, and distribution sites across the State through grants and near–equity 8
444+investments. 9
470445
471-Approved by the Governor, May 8, 2023.
446+ (c) The Maryland Agricultural and Resource–Based Industry Development 10
447+Corporation shall administer the Fund. 11
448+
449+ (d) The Fund consists of: 12
450+
451+ (1) money appropriated in the State budget to the Fund; 13
452+
453+ (2) principal that is repaid from near–equity investments; and 14
454+
455+ (3) any other money from any other source accepted for the benefit of the 15
456+Fund. 16
457+
458+ (e) The Fund may be used only for establishing and operating food aggregation, 17
459+storage, processing, and distribution sites across the State through grants and near–equity 18
460+investments. 19
461+
462+Article – Tax – Property 20
463+
464+13–209. 21
465+
466+ (g) (3) (i) 2. For fiscal year 2025 only, the Governor shall include in the 22
467+annual budget bill a General Fund appropriation in the amount of $2,735,000 to the 23
468+Maryland Agricultural and Resource –Based Industry Development Corporation 24
469+established under Title 10, Subtitle 5 of the Economic Development Article to be used as 25
470+follows: 26
471+
472+ A. $2,300,000 to support the Corporation’s rural business 27
473+loan programs and small matching grant programs; and 28
474+
475+ B. $435,000 for grants and near–equity investments to: 29
476+
477+ I. support the creation or expansion of agricultural product 30
478+aggregation and storage sites; and 31
479+ SENATE BILL 386 11
480+
481+
482+ II. facilitate participation in the Certified Local Farm 1
483+[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program. 2
484+
485+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
486+October July 1, 2023. 4
487+
488+
489+
490+
491+Approved:
492+________________________________________________________________________________
493+ Governor.
494+________________________________________________________________________________
495+ President of the Senate.
496+________________________________________________________________________________
497+ Speaker of the House of Delegates.