WES MOORE, Governor Ch. 575
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Chapter 575
(Senate Bill 386)
AN ACT concerning
Certified Local Farm and Chesapeake Invasive Species Provider Fish Program
– Establishment
FOR the purpose of altering the Certified Local Farm Enterprise Program to be the
Certified Local Farm and Chesapeake Invasive Species Provider Fish Program;
expanding the purpose of the Program to include food from certified Chesapeake
invasive species providers in the overall percentage goal for certain procurement
contracts; altering the Certified Local Farm Enterprise Food Aggregation Grant
Fund to be the Certified Local Farm and Chesapeake Invasive Species Provider Fish
Food Aggregation Grant Fund; and generally relating to the Certified Local Farm
and Chesapeake Invasive Species Provider Fish Program and the Certified Local
Farm and Chesapeake Invasive Species Provider Fish Food Aggregation Grant
Fund.
BY repealing and reenacting, with amendments,
Article – Education
Section 9.11–101
Annotated Code of Maryland
(2022 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 11–203(e)(1) and (2)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 11–203(e)(5)(i); and 14–701 through 14–708 to be under the amended
subtitle “Subtitle 7. Certified Local Farm and Chesapeake Invasive Species
Provider Fish Program”
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Tax – Property
Section 13–209(g)(3)(i)2.
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
Ch. 575 2023 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
9.11–101.
(a) In this title the following words have the meanings indicated.
(b) “Fund” means the Maryland Farm–to–School Meal Grant Fund.
(c) “Local” means an agricultural product grown, harvested, produced, or
processed from a certified local farm [enterprise].
(d) “Pilot program” means the Maryland Farm –to–School Meal Grant Pilot
Program.
Article – State Finance and Procurement
11–203.
(e) (1) In this subsection, “University” means the University System of
Maryland, Morgan State University, or St. Mary’s College of Maryland.
(2) Except as otherwise provided in this subsection, this Division II does
not apply to the University System of Maryland, Morgan State University, St. Mary’s
College of Maryland, or Baltimore City Community College.
(5) (i) Except as provided in paragraph (7) of this subsection, the
following provisions of Division II of this article apply to a University and to Baltimore City
Community College:
1. § 11–205 of this subtitle (“Collusion”);
2. § 11–205.1 of this subtitle (“Falsification, concealment,
etc., of material facts”);
3. § 13–219 of this article (“Required clauses –
Nondiscrimination clause”);
4. § 13–225 of this article (“Retainage”);
5. Title 14, Subtitle 3 of this article (“Minority Business
Participation”);
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6. Title 14, Subtitle 7 of this article (“Certified Local Farm
[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program”);
7. Title 15, Subtitle 1 of this article (“Procurement Contract
Administration”);
8. § 15–226 of this article (“Policy established; timing of
payments; notice upon nonpayment; disputes; appeals”); and
9. Title 16 of this article (“Suspension and Debarment of
Contractors”).
Subtitle 7. Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE SPECIES
PROVIDER FISH Program.
14–701.
(a) In this subtitle the following words have the meanings indicated.
(B) “CERTIFIED CHESAPEAKE INVASIVE S PECIES” MEANS A FINFISH
SPECIES THAT IS:
(1) RANKED AS HIGH PRIOR ITY IN THE MARYLAND AQUATIC
NUISANCE SPECIES MANAGEMENT PLAN; AND
(2) HARVESTED FROM THE CHESAPEAKE BAY OR ITS TRIBUTARIE S.
(C) “CERTIFIED CHESAPEAKE INVASIVE SPECIES PROVIDER ” MEANS A
PERSON LICENSED AND AUTHORIZED AS A SEAF OOD DEALER UNDER § 4–701 OF THE
NATURAL RESOURCES ARTICLE THAT:
(1) IS CERTIFIED BY THE DEPARTMENT IN ACCORDA NCE WITH
REGULATIONS ADOPTED UNDER THIS SUBTITLE ; AND
(2) CAN DEMONSTRATE T HAT THE PERSON ’S PRODUCT IS A
CERTIFIED CHESAPEAKE INVASIVE S PECIES.
[(b)] (D) “Certified local [farm enterprise”] FARM” means a local farm
enterprise that:
(1) meets the nutrient management requirements established under Title
8, Subtitle 8 of the Agriculture Article; and
(2) is certified by the Department in accordance with regulations adopted
under this subtitle. Ch. 575 2023 LAWS OF MARYLAND
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[(c)] (E) “Department” means the Department of Agriculture.
[(d)] (F) “Office” means the Office for the Certified Local Farm [Enterprise] AND
CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program.
[(e)] (G) “Program” means the Certified Local Farm [Enterprise] AND
CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program.
14–702.
(a) (1) There is an Office for the Certified Local Farm [Enterprise] AND
CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program in the Department.
(2) The purpose of the Office is to administer the Program and facilitate
the participation of certified local [farm enterprises] FARMS AND CERTIFIED
CHESAPEAKE INVASIV E SPECIES PROVIDERS in the Program.
(b) (1) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE
INVASIVE SPECIES PROVIDER FISH Program in the Office.
(2) The purpose of the Program is to encourage each unit to try to achieve
an overall percentage goal of 20% of the unit’s total dollar value of procurement contracts
for food from certified local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE
INVASIVE SPECIES PRO VIDERS.
(c) The Department shall create two positions to provide staff for the Office.
14–703.
(a) (1) Each unit shall structure procurement procedures, consistent with the
purposes of this subtitle, to try to achieve an overall percentage goal of 20% of the unit’s
total dollar value of procurement contracts for food being made directly or indirectly to
certified local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE
SPECIES PROVIDERS .
(2) A unit may achieve the 20% goal through:
(i) competitive sealed bids and proposals; and
(ii) small procurement in accordance with § 13–109 of this article.
(3) For procurements conducted by competitive sealed bidding, a unit shall
award the contract to the responsible bidder that submits the responsive bid that:
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(i) 1. has the lowest bid price;
2. has the lowest evaluated bid price; or
3. for procurements subject to § 11–202(3) of this article, is
the bid most favorable to the State; and
(ii) meets or makes a good faith effort to meet any applicable goal
established under this subtitle.
(4) For procurements conducted by competitive sealed proposals, a unit
shall award the contract to the responsible offeror:
(i) proposing the most advantageous offer; and
(ii) that meets or makes a good faith effort to meet any applicable
goal established under this subtitle.
(b) The Office, in consultation with the Secretary of Agriculture, shall establish
guidelines for each unit to consider when determining the appropriate local farm
[enterprise] AND CHESAPEAKE INVASIVE S PECIES PROVIDER participation percentage
goal for a procurement contract for food in accordance with subsection (c) of this section.
(c) Each unit shall:
(1) consider the practical severability of all procurement contracts for food
and, in accordance with § 11–201 of this article, may not bundle contracts;
(2) implement a program that will enable the unit to evaluate each
procurement contract for food to determine the appropriate local farm [enterprise] AND
CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals, if any, for the contract
based on:
(i) the availability of certified local [farm enterprises] FARMS AND
CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS to respond competitively to
contract opportunities; and
(ii) the contract goal guidelines established under subsection (b) of
this section;
(3) monitor and collect data with respect to a unit’s compliance with
contract goals, including explanations for failing to meet contract goals; and
(4) institute corrective action when a unit does not make good faith efforts
to comply with contract goals.
Ch. 575 2023 LAWS OF MARYLAND
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(d) The Office shall, in consultation with the Secretary of Agriculture, establish
procedures governing how the participation of certified local [farm enterprises] FARMS
AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS is counted toward
contract goals under the Program.
(e) (1) (i) If a unit does not achieve the certified local farm [enterprise]
AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals on a
procurement contract for food, the unit shall demonstrate to the Office that the unit took
all necessary and reasonable steps to achieve the goals.
(ii) A waiver of any part of the certified local farm [enterprise] AND
CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER goals for a procurement
contract for food shall be granted if a unit provides to the Office a reasonable demonstration
of good faith efforts to achieve the goals.
(2) The Office may waive any of the requirements of this subsection
relating to the establishment, use, and waiver of certified local farm [enterprise] AND
CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER goals for a sole source,
expedited, or emergency procurement in which the public interest cannot reasonably
accommodate use of those requirements.
(3) Except for waivers granted in accordance with paragraph (2) of this
subsection, when a waiver determination is made, the Office shall issue the determination
in writing.
(4) On or before July 31 each year, the Office shall submit directly to the
Board an annual report of waivers requested and waivers granted under this subsection.
(5) The report required under paragraph (4) of this subsection shall contain
the following information on those procurement contracts for food where the Office
considered a unit’s request for waiver of all or a portion of the local farm [enterprise] AND
CHESAPEAKE INVASIVE S PECIES PROVIDER goals:
(i) the contract titles, numbers, and dates;
(ii) the number of waiver requests received;
(iii) the number of waiver requests granted; and
(iv) any other information specifically requested by the Board.
(f) The Board shall keep a record of information regarding any waivers requested
in accordance with this section and submit a copy of the record to the Senate Education,
Health, and Environmental Affairs Committee and the House Health and Government WES MOORE, Governor Ch. 575
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Operations Committee on or before October 1 each year, in accordance with § 2–1257 of the
State Government Article.
14–704.
(a) In accordance with Title 10, Subtitle 1 of the State Government Article, the
Office shall adopt regulations to implement this subtitle.
(b) The regulations shall establish procedures to be followed by units, certified
local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES
PROVIDERS, and successful bidders or offerors to maximize notice to, and the opportunity
to participate in the food procurement process by, a broad range of local [farm enterprises]
FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS .
(c) The regulations shall include provisions:
(1) designating the Office to certify and decertify local [farm enterprises]
FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS for all units through a single
process, including provisions that promote and facilitate the submission of some or all of
the certification application through an electronic process;
(2) specifying that a unit may not allow a local farm [enterprise] OR
CHESAPEAKE INVASIVE S PECIES PROVIDER to participate as if it were a certified local
farm [enterprise] OR CERTIFIED CHESAPEAKE INVASIVE SPECIES PRO VIDER if the
local [farm enterprise’s] FARM’S OR CHESAPEAKE INVASIVE S PECIES PROVIDER ’S
certification is pending;
(3) consistent with this subtitle, relating to any circumstances under which
the Office may waive obligations of a unit relating to certified local farm [enterprise] AND
CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER participation goals; and
(4) that the Office considers necessary or appropriate to:
(i) encourage participation by local [farm enterprises] FARMS AND
CHESAPEAKE INVASIVE S PECIES PROVIDERS ; and
(ii) protect the integrity of the procurement process.
14–705.
(a) In the same manner and with the same fees as provided by law in civil cases,
in a matter regarding the decertification of a certified local farm [enterprise] OR
CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER , the Office may:
(1) subpoena witnesses; Ch. 575 2023 LAWS OF MARYLAND
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(2) administer oaths; and
(3) compel the production of records, books, papers, and other documents.
(b) If a person fails to comply with a subpoena issued under subsection (a) of this
section, or fails to produce documents or other evidence, on petition of the Office, a court of
competent jurisdiction may pass an order directing compliance with the subpoena or
compelling the production of documents or other evidence.
(c) The Office shall make available a fraud hotline for reporting violations of this
section.
14–706.
(a) Within 90 days after the end of the fiscal year, each unit shall report to the
Office.
(b) A report under this section for the preceding fiscal year shall:
(1) state the total number and value of procurement contracts for food
between the unit and certified local [farm enterprises] FARMS AND CERTIFIED
CHESAPEAKE INVASIVE S PECIES PROVIDERS ;
(2) indicate the percentage that those procurement contracts for food
represent of the total number and value of procurement contracts for food awarded by a
unit;
(3) state the total number and the names of certified local [farm
enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDERS
that participated in procurement contracts for food awarded by a unit;
(4) for each certified local farm [enterprise] OR CERTIFIED CHESAPEAKE
INVASIVE SPECIES PROVIDER included in the report under item (3) of this subsection, list
all procurement contracts for food awarded by a unit to the certified local farm [enterprise]
OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER , including a description of
the contract; and
(5) contain other such information as required by the Office, subject to
approval by the Board.
(c) A report under this section shall be:
(1) in a form prescribed by the Office; and
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(2) approved by the Board.
(D) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 31
THEREAFTER , THE OFFICE SHALL SUBMIT A CONSOLIDATED REPORT TO THE
SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT AND THE
HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON PROGRAM
IMPLEMENTATION AND P ARTICIPATION.
14–707.
(a) (1) The Department shall develop and maintain a directory of all certified
local [farm enterprises] FARMS AND CERTIFIED CHESAPEAKE INVASIVE S PECIES
PROVIDERS.
(2) The directory shall be accessible to the public on the Department’s
website.
(b) The Department shall include the following information for each certified local
farm [enterprise] AND CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER
included in the directory:
(1) all contract information available to the Department for the certified
local farm [enterprise] OR CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER ;
(2) the certification number of the certified local farm [enterprise] OR
CERTIFIED CHESAPEAKE INVASIVE S PECIES PROVIDER; and
(3) any other information the Department considers necessary or
appropriate to encourage participation in the procurement process by local [farm
enterprises] FARMS AND CHESAPEAKE INVASIVE S PECIES PROVIDERS .
(c) The Department shall:
(1) update the directory at least once a year; and
(2) identify as recently certified in the directory each local farm
[enterprise] AND CHESAPEAKE INVASIVE S PECIES PROVIDER that has obtained
certification during the calendar year.
14–708.
(a) There is a Certified Local Farm [Enterprise] AND CHESAPEAKE INVASIVE
SPECIES PROVIDER FISH Food Aggregation Grant Fund.
Ch. 575 2023 LAWS OF MARYLAND
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(b) The purpose of the Fund is to support the creation of food aggregation, storage,
processing, and distribution sites across the State through grants and near–equity
investments.
(c) The Maryland Agricultural and Resource–Based Industry Development
Corporation shall administer the Fund.
(d) The Fund consists of:
(1) money appropriated in the State budget to the Fund;
(2) principal that is repaid from near–equity investments; and
(3) any other money from any other source accepted for the benefit of the
Fund.
(e) The Fund may be used only for establishing and operating food aggregation,
storage, processing, and distribution sites across the State through grants and near–equity
investments.
Article – Tax – Property
13–209.
(g) (3) (i) 2. For fiscal year 2025 only, the Governor shall include in the
annual budget bill a General Fund appropriation in the amount of $2,735,000 to the
Maryland Agricultural and Resource –Based Industry Development Corporation
established under Title 10, Subtitle 5 of the Economic Development Article to be used as
follows:
A. $2,300,000 to support the Corporation’s rural business
loan programs and small matching grant programs; and
B. $435,000 for grants and near–equity investments to:
I. support the creation or expansion of agricultural product
aggregation and storage sites; and
II. facilitate participation in the Certified Local Farm
[Enterprise] AND CHESAPEAKE INVASIVE SPECIES PROVIDER FISH Program.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2023.
Approved by the Governor, May 8, 2023.