Maryland 2024 Regular Session

Maryland House Bill HB1318 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		hb1318
9	6
10	7		HOUSE BILL 1318
11	8		M3, M4 4lr2228
12	9
13		-	By: Delegate Boyce Delegates Boyce, Addison, Healey, Lehman, Love, Ruth, Stein,
14		-	Stewart, and Terrasa
	10	+	By: Delegate Boyce
15	11		Introduced and read first time: February 9, 2024
16	12		Assigned to: Environment and Transportation
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: March 7, 2024
20	13
21		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
22	15
23	16		AN ACT concerning 1
24	17
25	18		Solid Waste Disposal Surcharge and Wasted Food Reduction and Diversion 2
26	19		Fund and Grant Programs – Established 3
27	20
28	21		FOR the purpose of establishing the On–Farm Organics Diversion and Recycling Grant 4
29	22		Program in the Department of Agriculture to award grants to eligible entities to 5
30	23		develop and implement on–farm organics recycling and compost use, wasted food 6
31	24		prevention, and food rescue; establishing a solid waste disposal surcharge on the 7
32	25		final disposal of solid waste in the State; requiring, beginning on a certain date and 8
33	26		each quarter thereafter, the owner or operator of a refuse disposal system to submit 9
34	27		a certain solid waste disposal surcharge to the Department of the Environment in a 10
35	28		certain manner; requiring the Department of the Environment to deposit certain 11
36	29		surcharges into a certain fund; authorizing a county to request an exemption from a 12
37	30		certain surcharge on behalf of certain refuse disposal systems and authorizing the 13
38	31		Department of the Environment to approve the request under certain conditions; 14
39	32		establishing the Wasted Food Reduction and Diversion Fund as a special, nonlapsing 15
40	33		fund and requiring interest earnings of the Fund to be credited to the Fund; 16
41	34		establishing the Wasted Food Reduction and Diversion Grant Program in the 17
42	35		Department of the Environment to award grants to eligible entities for 18
43	36		infrastructure, programs, and education that reduce, rescue, and divert wasted food 19
44	37		in the State; and generally relating to wasted food reduction and diversion in the 20
45	38		State. 21
46	39
47	40		BY adding to 22
48		-	Article – Agriculture 23 2 HOUSE BILL 1318
	41	+	Article – Agriculture 23
	42	+	Section 2–109 24
	43	+	Annotated Code of Maryland 25
	44	+	(2016 Replacement Volume and 2023 Supplement) 26
	45	+
	46	+	BY repealing and reenacting, without amendments, 27
	47	+	Article – Agriculture 28
	48	+	Section 2–401(a) 29 2 HOUSE BILL 1318
49	49
50	50
51		-	Section 2–109 1
52		-	Annotated Code of Maryland 2
53		-	(2016 Replacement Volume and 2023 Supplement) 3
	51	+	Annotated Code of Maryland 1
	52	+	(2016 Replacement Volume and 2023 Supplement) 2
54	53
55		-	BY repealing and reenacting, without amendments, 4
56		-	Article – ~~Agriculture 5~~
57		-	Section 2–~~401~~(a) 6
58		-	Annotated Code of Maryland 7
59		-	(~~2016~~ Replacement Volume and 2023 Supplement) 8
	54	+	BY repealing and reenacting, without amendments, 3
	55	+	Article – Environment 4
	56	+	Section 1–701(a)(1), (7), and (8) 5
	57	+	Annotated Code of Maryland 6
	58	+	(2013 Replacement Volume and 2023 Supplement) 7
60	59
61		-	BY repealing and reenacting, without amendments, 9
62		-	Article – Environment 10
63		-	Section 1–~~701~~(a)~~(1), (7),~~ and (8) 11
64		-	Annotated Code of Maryland 12
65		-	(~~2013~~ Replacement Volume and 2023 Supplement) 13
	60	+	BY repealing and reenacting, without amendments, 8
	61	+	Article – Environment 9
	62	+	Section 9–201(a) and (e) and 9–1701(a) 10
	63	+	Annotated Code of Maryland 11
	64	+	(2014 Replacement Volume and 2023 Supplement) 12
66	65
67		-	BY ~~repealing and reenacting,~~ ~~without amendments, 14~~
68		-	Article – Environment 15
69		-	Section 9–~~201~~(a) ~~and (e)~~ and 9–~~1701(a) 16~~
70		-	Annotated Code of Maryland 17
71		-	(2014 Replacement Volume and 2023 Supplement) 18
	66	+	BY adding to 13
	67	+	Article – Environment 14
	68	+	Section 9–1701(s–1), 9–1725.1, 9–1725.2, and 9–1725.3 15
	69	+	Annotated Code of Maryland 16
	70	+	(2014 Replacement Volume and 2023 Supplement) 17
72	71
73		-	BY ~~adding to 19~~
74		-	Article – ~~Environment 20~~
75		-	Section 9–~~1701~~(~~s–1~~)~~, 9–1725.1, 9–1725.2, and 9–1725.3 21~~
76		-	Annotated Code of Maryland 22
77		-	(~~2014~~ Replacement Volume and 2023 Supplement) 23
	72	+	BY repealing and reenacting, without amendments, 18
	73	+	Article – State Finance and Procurement 19
	74	+	Section 6–226(a)(2)(i) 20
	75	+	Annotated Code of Maryland 21
	76	+	(2021 Replacement Volume and 2023 Supplement) 22
78	77
79		-	BY repealing and reenacting, ~~without~~ amendments, 24
80		-	Article – State Finance and Procurement 25
81		-	Section 6–226(a)(2)(i) 26
82		-	Annotated Code of Maryland 27
83		-	(2021 Replacement Volume and 2023 Supplement) 28
	78	+	BY repealing and reenacting, with amendments, 23
	79	+	Article – State Finance and Procurement 24
	80	+	Section 6–226(a)(2)(ii)189. and 190. 25
	81	+	Annotated Code of Maryland 26
	82	+	(2021 Replacement Volume and 2023 Supplement) 27
84	83
85		-	BY ~~repealing and reenacting,~~ ~~with amendments, 29~~
86		-	Article – State Finance and Procurement 30
87		-	Section 6–226(a)(2)(ii)~~189~~. ~~and 190. 31~~
88		-	Annotated Code of Maryland 32
89		-	(2021 Replacement Volume and 2023 Supplement) 33
	84	+	BY adding to 28
	85	+	Article – State Finance and Procurement 29
	86	+	Section 6–226(a)(2)(ii)191. 30
	87	+	Annotated Code of Maryland 31
	88	+	(2021 Replacement Volume and 2023 Supplement) 32
90	89
91		-	BY adding to 34
92		-	Article – State Finance and Procurement 35
93		-	Section 6–226(a)(2)(ii)191. 36
94		-	Annotated Code of Maryland 37
95		-	(2021 Replacement Volume and 2023 Supplement) 38
	90	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33
	91	+	That the Laws of Maryland read as follows: 34
	92	+
	93	+	Article – Agriculture 35
	94	+
	95	+	2–109. 36
96	96		HOUSE BILL 1318 3
97	97
98	98
99		-	SECTION ~~1. BE IT ENACTED BY~~ THE ~~GENERAL ASSEMBLY OF MARYLAND,~~ 1
100		-	~~That the Laws of Maryland read as follows:~~ 2
	99	+	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 1
	100	+	INDICATED. 2
101	101
102		-	Article – Agriculture 3
	102	+	(2) “GRANT PROGRAM” MEANS THE ON–FARM ORGANICS 3
	103	+	DIVERSION AND RECYCLING GRANT PROGRAM. 4
103	104
104		-	2–109. 4
	105	+	(3) “URBAN FARMER” HAS THE MEANING STAT ED IN § 2–401 OF THIS 5
	106	+	TITLE. 6
105	107
106		-	(A) ~~(1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5~~
107		-	~~INDICATED~~. 6
	108	+	(B) THERE IS AN ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT 7
	109	+	PROGRAM IN THE DEPARTMENT . 8
108	110
109		-	(2) “GRANT PROGRAM” MEANS THE ON–FARM ORGANICS 7
110		-	DIVERSION AND RECYCLING GRANT PROGRAM. 8
	111	+	(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 9
	112	+	ANNUALLY FOR DEVELOPING AN D IMPLEMENTING ON –FARM ORGANICS RECYCL ING 10
	113	+	AND COMPOST USE , WASTED FOOD PREVENTI ON, AND FOOD RESCUE . 11
111	114
112		-	(3) ~~“URBAN FARMER ” HAS~~ THE ~~MEANING STAT ED~~ IN ~~§ 2–401~~ OF ~~THIS 9~~
113		-	~~TITLE~~. 10
	115	+	(D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE 12
	116	+	ENVIRONMENT , SHALL ADMINISTER THE GRANT PROGRAM. 13
114	117
115		-	(B) ~~THERE IS AN ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT 11~~
116		-	PROGRAM ~~IN THE DEPARTMENT . 12~~
	118	+	(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 14
	119	+	GRANT PROGRAM: 15
117	120
118		-	(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 13
119		-	ANNUALLY FOR DEVELOP ING AND IMPLEMENTING ON–FARM ORGANICS RECYCL ING 14
120		-	AND COMPOST USE , WASTED FOOD PREVENTI ON, AND FOOD RESCUE . 15
	121	+	(1) A FARMER OR AN URBAN FARMER ; 16
121	122
122		-	(D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE 16
123		-	ENVIRONMENT , SHALL ADMINISTER THE GRANT PROGRAM. 17
	123	+	(2) A SOIL CONSERVATION DI STRICT; 17
124	124
125		-	(E) ~~THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE~~ 18
126		-	~~GRANT PROGRAM:~~ 19
	125	+	(3) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 10–101 18
	126	+	OF THE EDUCATION ARTICLE; 19
127	127
128		-	(1) A ~~FARMER OR AN URBAN F ARMER~~; 20
	128	+	(4) A NONPROFIT ORGANIZATI ON; 20
129	129
130		-	(2) A SOIL CONSERVATION DI STRICT; 21
	130	+	(5) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH THE 21
	131	+	STATE DEPARTMENT OF ASSESSMENT S AND TAXATION; AND 22
131	132
132		-	(3) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 10–101 22
133		-	OF THE EDUCATION ARTICLE; 23
	133	+	(6) A CONSORTIUM OF ANY EN TITIES UNDER THIS SUBSECTIO N. 23
134	134
135		-	(4) A NONPROFIT ORGANIZATI ON; 24
	135	+	(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E GRANT PROGRAM IF 24
	136	+	THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 25
	137	+	PROGRAMS, EDUCATION, OR TECHNICAL ASSISTANCE IN THE STATE THAT: 26
136	138
137		-	(5) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH THE 25
138		-	STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 26
	139	+	(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 27
139	140
140		-	(6) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 27
141		-	4 HOUSE BILL 1318
	141	+	(2) RESCUES EDIBLE FOOD FOR PURPOSES OF REDISTRIBUT ION; 28 4 HOUSE BILL 1318
142	142
143	143
144		-	(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER THE GRANT PROGRAM IF 1
145		-	THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 2
146		-	PROGRAMS, EDUCATION, OR TECHNICAL ASSISTA NCE IN THE STATE THAT: 3
147	144
148		-	(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 4
	145	+	(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 1
	146	+	REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 2
	147	+	THE DEPARTMEN T; 3
149	148
150		-	(2) RESCUES EDIBLE FOOD FOR PURPOSES OF REDISTRIBUTION ; 5
	149	+	(4) COMPOSTS OR RECYCLES FOOD RESIDUALS , INCLUDING 4
	150	+	AT–HOME, COMMUNITY , AND ON–FARM COMPOSTING ; OR 5
151	151
152		-	(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 6
153		-	REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 7
154		-	THE DEPARTMENT ; 8
	152	+	(5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 6
	153	+	DURABLE AND REUSABLE FOOD SERVICEWARE . 7
155	154
156		-	(4) COMPOSTS OR RECYCLES SOURCE–SEPARATED FOOD 9
157		-	RESIDUALS, INCLUDING AT–HOME, COMMUNITY , AND ON–FARM COMPOSTING ; OR 10
	155	+	(G) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 8
	156	+	PROGRAM MAY NOT RECEI VE A GRANT UNDER THE WASTED FOOD REDUCTION AND 9
	157	+	DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THE ENVIRONMENT ARTICLE 10
	158	+	IN THE SAME CALENDAR YEAR. 11
158	159
159		-	(5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 11
160		-	DURABLE AND REUSABLE FOOD SERVICEWARE ; 12
	160	+	(H) ON OR BEFORE DECEMBER 31, 2026, AND EACH DECEMBER 1 12
	161	+	THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 13
	162	+	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 14
161	163
162		-	(6) PROVIDES LABOR AND WA GES IN SUPPORT OF WA STED FOOD 13
163		-	PREVENTION , FOOD RESCUE , AND ON–FARM ORGANICS RECYCL ING AND COMPOST 14
164		-	USE; 15
	164	+	(1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 15
165	165
166		-	(7) ~~PROVIDES BEST MANAGEM ENT PRACTICE TRAININ G IN~~ 16
167		-	~~RELEVANT FIELDS BY A REPUTABLE TRAINING P ROGRAM;~~ 17
	166	+	(2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 16
	167	+	OTHER BENEFITS TO TH E STATE; 17
168	168
169		-	(8) ~~STUDIES~~ THE ~~IMPACTS O F COMPOST APPLICATIO N~~ ON ~~ON–FARM~~ 18
170		-	~~NUTRIENT~~ AND ~~WATER Q UALITY MANAGEMENT ; OR~~ 19
	169	+	(3) THE IMPACT ON FOOD WASTE PREVENTED , RESCUED, AND 18
	170	+	DIVERTED FROM DISPOS AL; AND 19
171	171
172		-	(9) ASSISTS IN THE PAYMEN T OF APPLICABLE PERM IT APPLICATION 20
173		-	COSTS. 21
	172	+	(4) THE IMPACT ON FARMERS IN THE STATE. 20
174	173
175		-	(G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 22
176		-	DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE ENVIRONMENT , 23
177		-	SHALL PRIORITIZE PRO JECTS: 24
	174	+	2–401. 21
178	175
179		-	(1) FOR WHICH THE APPLICA NT CLEARLY DESCR IBES HOW THE 25
180		-	PROJECT WILL: 26
	176	+	(a) (1) In this section the following words have the meanings indicated. 22
181	177
182		-	(I) ~~PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 27~~
183		-	~~TO THE COMMUNITY ; AND 28~~
	178	+	(2) “Urban area” means an area delineated as an urban area by the U.S. 23
	179	+	Census Bureau. 24
184	180
185		-	(II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 29
186		-	HOUSE BILL 1318 5
	181	+	(3) “Urban farmer” means an individual who farms in an urban area. 25
	182	+
	183	+	Article – Environment 26
	184	+
	185	+	1–701. 27
	186	+
	187	+	(a) (1) In this section the following words have the meanings indicated. 28 HOUSE BILL 1318 5
187	188
188	189
189		-	(2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 1
190		-	LOCAL COMMUNITY ; 2
191	190
192		-	(3) THAT PLAN TO PRODUC E COMPOST THAT MEETS THE 3
193		-	CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05; 4
	191	+	(7) “Overburdened community” means any census tract for which three or 1
	192	+	more of the following environmental health indicators are above the 75th percentile 2
	193	+	statewide: 3
194	194
195		-	(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINAT ED COMPOST 5
196		-	THROUGH: 6
	195	+	(i) Particulate matter (PM) 2.5; 4
197	196
198		-	(I) ~~PROCESSING SOURCE –SEPARATED MATERIALS~~ ; 7
	197	+	(ii) Ozone; 5
199	198
200		-	(II) ~~NOT USING DEPACKAGERS~~ ; ~~AND 8~~
	199	+	(iii) National Air Toxics Assessment (NATA) diesel PM; 6
201	200
202		-	(III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 9
203		-	TESTING ASSURANCE; 10
	201	+	(iv) NATA cancer risk; 7
204	202
205		-	(5) ~~THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY~~ ; 11
	203	+	(v) NATA respiratory hazard index; 8
206	204
207		-	(6) THAT MINIMIZE NEGATIV E IMPACTS TO THE LOC AL COMMUNITY ; 12
208		-	AND 13
	205	+	(vi) Traffic proximity; 9
209	206
210		-	(7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 14
211		-	INCLUDING: 15
	207	+	(vii) Lead paint indicator; 10
212	208
213		-	(I) ~~THE CREATION OF JOBS~~ ; 16
	209	+	(viii) National Priorities List Superfund site proximity; 11
214	210
215		-	(II) ~~INCREASING JOB TRAINI NG~~; ~~AND 17~~
	211	+	(ix) Risk Management Plan facility proximity; 12
216	212
217		-	(III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 18
218		-	PRACTICES THAT ARE I NCLUSIVE AND PROVIDE A LIVING WAGE. 19
	213	+	(x) Hazardous waste proximity; 13
219	214
220		-	(G) (H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE 20
221		-	GRANT PROGRAM MAY NOT RECEI VE A GRANT UNDER THE WASTED FOOD 21
222		-	REDUCTION AND DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THE 22
223		-	ENVIRONMENT ARTICLE IN THE SAME C ALENDAR YEAR . 23
	215	+	(xi) Wastewater discharge indicator; 14
224	216
225		-	(H) (I) ON OR BEFORE DECEMBER 31, 2026, AND EACH DECEMBER 1 24
226		-	THEREAFTER , THE DEPARTMENT SHAL L REPORT TO THE GENERAL ASSEMBLY, IN 25
227		-	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 26
	217	+	(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 15
228	218
229		-	(1) THE ~~NUMBER AND TYPES OF GRANTS AWARDED~~ ; 27
	219	+	(xiii) Percent of the population lacking broadband coverage; 16
230	220
231		-	(2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 28
232		-	OTHER BENEFITS TO TH E STATE; 29
	221	+	(xiv) Asthma emergency room discharges; 17
	222	+
	223	+	(xv) Myocardial infarction discharges; 18
	224	+
	225	+	(xvi) Low–birth–weight infants; 19
	226	+
	227	+	(xvii) Proximity to emitting power plants; 20
	228	+
	229	+	(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 21
	230	+
	231	+	(xix) Proximity to a brownfields site; 22
	232	+
	233	+	(xx) Proximity to mining operations; and 23
	234	+
	235	+	(xxi) Proximity to a hazardous waste landfill. 24
233	236		6 HOUSE BILL 1318
234	237
235	238
236		-	(3) ~~THE IMPACT ON FOOD WASTE PREVEN TED~~, ~~RESCUED, AND~~ 1
237		-	~~DIVERTED FROM DISPOS AL;~~ ~~AND~~ 2
	239	+	(8) “Underserved community” means any census tract in which, according 1
	240	+	to the most recent U.S. Census Bureau Survey: 2
238	241
239		-	(4) THE ~~IMPACT ON FARMERS IN THE STATE.~~ 3
	242	+	(i) At least 25% of the residents qualify as low–income; 3
240	243
241		-	~~2–401.~~ 4
	244	+	(ii) At least 50% of the residents identify as nonwhite; or 4
242	245
243		-	(a) ~~(1) In this section~~ the ~~following words~~ have ~~the meanings indicated~~. 5
	246	+	(iii) At least 15% of the residents have limited English proficiency. 5
244	247
245		-	(2) “Urban area” means an area delineated as an urban area by the U.S. 6
246		-	Census Bureau. 7
	248	+	9–201. 6
247	249
248		-	(3) ~~“Urban farmer” means an individual who farms~~ in ~~an urban area~~. 8
	250	+	(a) In this subtitle the following words have the meanings indicated. 7
249	251
250		-	~~Article – Environment 9~~
	252	+	(e) “Refuse disposal system” includes: 8
251	253
252		-	1~~–701. 10~~
	254	+	(1) An incinerator; 9
253	255
254		-	(a) ~~(1) In this section the following words have the meanings indicated. 11~~
	256	+	(2) A transfer station; 10
255	257
256		-	(7) “Overburdened community” means any census tract for which three or 12
257		-	more of the following environmental health indicators are above the 75th percentile 13
258		-	statewide: 14
	258	+	(3) A landfill system; 11
259	259
260		-	(i) ~~Particulate matter (PM) 2.5~~; 15
	260	+	(4) A landfill; 12
261	261
262		-	(ii) ~~Ozone~~; 16
	262	+	(5) A solid waste processing facility; and 13
263	263
264		-	(~~iii~~) ~~National Air Toxics Assessment (NATA) diesel PM;~~ 17
	264	+	(6) Any other solid waste acceptance facility. 14
265	265
266		-	~~(iv) NATA cancer risk; 18~~
	266	+	9–1701. 15
267	267
268		-	(v) ~~NATA respiratory hazard index;~~ 19
	268	+	(a) In this subtitle the following words have the meanings indicated. 16
269	269
270		-	(vi) Traffic proximity; 20
	270	+	(S–1) “SOURCE SEPARATION ” MEANS THE SEPARATION OF MATERIALS FROM 17
	271	+	EACH OTHER PRIOR TO COLLECTION AND AT TH E POINT OF GENERATIO N. 18
271	272
272		-	~~(vii) Lead paint indicator; 21~~
	273	+	9–1725.1. 19
273	274
274		-	(viii) National Priorities List Superfund site proximity; 22
	275	+	(A) (1) THERE IS A SOLID WAST E DISPOSAL SURCHARGE ON THE FINAL 20
	276	+	DISPOSAL OF SOLID WASTE IN REFUS E DISPOSAL SYSTEMS I N THE STATE. 21
275	277
276		-	(ix) Risk Management Plan facility proximity; 23
	278	+	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE SOLID 22
	279	+	WASTE DISPOSAL SURCH ARGE IS $2 PER TON OF SOLID WAS TE PROCESSED BY A 23
	280	+	REFUSE DISPOSAL SYST EM FOR FINAL DISPOSA L. 24
277	281
278		-	(x) Hazardous waste proximity; 24
	282	+	(3) ON OR BEFORE JULY 1, 2027, AND EVERY 2 YEARS THEREAFTER , 25
	283	+	THE DEPARTMENT SHALL : 26
	284	+	HOUSE BILL 1318 7
279	285
280		-	(xi) Wastewater discharge indicator; 25
281	286
282		-	(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 26 HOUSE BILL 1318 7
	287	+	(I) ADJUST THE SOLID WAST E DISPOSAL SURCHARGE IN 1
	288	+	ACCORDANCE WITH THE CONSUMER PRICE INDEX FOR THE MID–ATLANTIC 2
	289	+	DIVISION; AND 3
	290	+
	291	+	(II) EVALUATE THE SOLID WA STE DISPOSAL SURCHAR GE TO 4
	292	+	DETERMINE IF ADDITIONAL ADJUSTMEN TS TO THE SURCHARGE ARE REQUIRED . 5
	293	+
	294	+	(4) IF THE SURCHARGE HAS BEEN ASSESSED ON AN ELIGIBLE OWNER 6
	295	+	OR OPERATOR OF A TRA NSFER STATION , THE SOLID WASTE DISP OSAL SURCHARGE 7
	296	+	MAY NOT BE ASSESSED ON AN OWNER OR OPERA TOR OF A REFUSE DISP OSAL SYSTEM 8
	297	+	THAT RECEIVES THE SO LID WASTE FOR FINAL DISPOSAL. 9
	298	+
	299	+	(5) AN OWNER OR OPERATOR OF A REFUSE DISPOSAL SYSTEM SHALL 10
	300	+	COLLECT THE SURCHARG E REQUIRED UNDER THI S SECTION BY INCLUDI NG THE 11
	301	+	SURCHARGE AMOUNT DUE AS A SEPARATE LINE I TEM ON EVERY CUSTOME R BILL 12
	302	+	PRESENTED TO A SOLID WAST E COLLECTOR OR GENER ATOR. 13
	303	+
	304	+	(6) A SOLID WASTE HAULER O R COLLECTOR MAY COLL ECT RATES, 14
	305	+	FEES, OR SURCHARGES FROM S OLID WASTE GENERATOR S SERVICED BY THE SO LID 15
	306	+	WASTE HAULER OR COLL ECTOR IN AN AMOUNT S UFFICIENT TO RECOVER THE 16
	307	+	SURCHARGE COLLE CTED BY THE OWNER OR OPERATOR OF A REFUSE DISPOSAL 17
	308	+	SYSTEM. 18
	309	+
	310	+	(B) (1) SUBJECT TO SUBSECTION (C) OF THIS SECTION AND BEGINNING 19
	311	+	JULY 1, 2025, AND EVERY QUARTER TH EREAFTER, THE OWNER OR OPERATOR OF A 20
	312	+	REFUSE DISPOSAL SYST EM IN THE STATE SHALL SUBMIT, UNDER OATH , THE SUM OF 21
	313	+	SURCHARGES COLLECTED IN THE IMMEDIATELY P RECEDING QUARTER TO THE 22
	314	+	DEPARTMENT . 23
	315	+
	316	+	(2) IN ADDITION TO THE SU RCHARGES SUBMITTED T O THE 24
	317	+	DEPARTMENT UNDER PARA GRAPH (1) OF THIS SUBSECTION , THE OWNER OR 25
	318	+	OPERATOR OF A REFUSE DISPOSAL SYSTEM SHALL SUBMIT, AS APPLICABLE , AN 26
	319	+	ACCOUNTING OF THE NU MBER OF TONS OF SOLI D WASTE ACCEPTED FOR DISPOSAL, 27
	320	+	TRANSFER, OR COLLECTION DURING THE REPORTING PERIOD . 28
	321	+
	322	+	(3) THE DEPARTMENT SHALL DEPOSIT THE SURCHARGES 29
	323	+	COLLECTED UNDER THIS SUBSECTION INTO THE WASTED FOOD REDUCTION AND 30
	324	+	DIVERSION FUND UNDER § 9–1725.2 OF THIS SUBTITLE. 31
	325	+
	326	+	(C) (1) A COUNTY MAY SUBMIT A REQUEST ON BEHALF OF THE REFUSE 32
	327	+	DISPOSAL SYSTEM S IN THE COUNTY FOR AN EXEMPTION FROM TH E REQUIREMENTS 33
	328	+	OF THIS SECTION. 34
	329	+	8 HOUSE BILL 1318
	330	+
	331	+
	332	+	(2) THE DEPARTMENT MAY APPROVE A REQUEST FO R AN EXEMPTION 1
	333	+	UNDER PARAGRAPH (1) OF THIS SUBSECTION I F: 2
	334	+
	335	+	(I) THE COUNTY ESTABLISHE S A SOLID WASTE DISP OSAL 3
	336	+	SURCHARGE TO FUND FOOD RESCUE , WASTED FOOD DIVERSIO N, AND ORGANICS 4
	337	+	RECYCLING; 5
	338	+
	339	+	(II) THE COUNTY’S ASSESSED AND COLLE CTED SOLID WASTE 6
	340	+	DISPOSAL SURCHARGE I S NOT LESS THAN THE STATEWIDE SOLID WAST E DISPOSAL 7
	341	+	SURCHARGE ; AND 8
	342	+
	343	+	(III) ELIGIBLE ENTITIES FOR GRANTS TO FUND F OOD RESCUE , 9
	344	+	WASTED FOOD DIVERSIO N, AND ORGANICS RECYCLI NG INCLUDE THE ELIGIBLE 10
	345	+	ENTITIES UNDER : 11
	346	+
	347	+	1. THE ON–FARM ORGANICS DIVERSION AND 12
	348	+	RECYCLING GRANT PROGRAM IN ACCORDANCE WITH § 2–109 OF THE 13
	349	+	AGRICULTURE ARTICLE; AND 14
	350	+
	351	+	2. THE WASTED FOOD REDUCTION AND DIVERSION 15
	352	+	GRANT PROGRAM IN ACCORDANCE WITH § 9–1725.3 OF THIS SUBTITLE . 16
	353	+
	354	+	(3) IF A COUNTY ESTABLISH ES A SOLID WASTE DIS POSAL 17
	355	+	SURCHARGE , A REFUSE DISPOSAL SY STEM IN THE COUNTY M AY ASSESS THE 18
	356	+	SURCHARGE DURING EITHER WASTE GENERATION , COLLECTION, OR FINAL 19
	357	+	DISPOSAL. 20
	358	+
	359	+	(4) IF A COUNTY ESTABLISH ES A SURCHARGE IN AC CORDANCE WITH 21
	360	+	THIS SUBSECTION , THE DEPARTMENT MAY ANNUALLY REVIEW THE COUNTY 22
	361	+	SURCHARGE PROGRAM IN ORDER TO: 23
	362	+
	363	+	(I) ENSURE COMPLIANCE WIT H THE REQUIREMENTS O F THIS 24
	364	+	SUBSECTION; AND 25
	365	+
	366	+	(II) EVALUATE BEST PRACTIC ES AT THE COUNTY LEVEL T O BE 26
	367	+	ADOPTED FOR THE STAT EWIDE SOLID WASTE DI SPOSAL SURCHARGE . 27
	368	+
	369	+	9–1725.2. 28
	370	+
	371	+	(A) IN THIS SECTION, “FUND” MEANS THE WASTED FOOD REDUCTION AND 29
	372	+	DIVERSION FUND. 30
	373	+
	374	+	(B) THERE IS A WASTED FOOD REDUCTION AND DIVERSION FUND. 31 HOUSE BILL 1318 9
283	375
284	376
285	377
286		-	(xiii) Percent of the population lacking broadband coverage; 1
	378	+	(C) THE PURPOSE OF THE FUND IS TO FUND ELIGIBLE PRO JECTS UNDER 1
	379	+	THE ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT PROGRAM 2
	380	+	ESTABLISHED UNDER § 2–109 OF THE AGRICULTURE ARTICLE AND THE WASTED 3
	381	+	FOOD REDUCTION AND DIVERSION GRANT PROGRAM ESTABLISHED UNDER § 4
	382	+	9–1725.3 OF THIS SUBTITLE. 5
287	383
288		-	(~~xiv~~) ~~Asthma emergency room discharges;~~ 2
	384	+	(D) THE SECRETARY SHALL ADMINISTER THE FUND. 6
289	385
290		-	(xv) Myocardial infarction discharges; 3
	386	+	(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 7
	387	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8
291	388
292		-	(xvi) Low–birth–weight infants; 4
	389	+	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATEL Y, 9
	390	+	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 10
293	391
294		-	(~~xvii~~) ~~Proximity to emitting power plants;~~ 5
	392	+	(F) THE FUND CONSISTS OF : 11
295	393
296		-	(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 6
	394	+	(1) REVENUE DISTRIBUTED T O THE FUND UNDER § 9–1725.1 OF THIS 12
	395	+	SUBTITLE; 13
297	396
298		-	(~~xix~~) ~~Proximity~~ to ~~a brownfields site~~; 7
	397	+	(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 14
299	398
300		-	(xx) ~~Proximity to mining operations~~; and 8
	399	+	(3) INTEREST EARNINGS ; AND 15
301	400
302		-	(xxi) Proximity to a hazardous waste landfill. 9
	401	+	(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 16
	402	+	THE BENEFIT OF THE FUND. 17
303	403
304		-	(8) “Underserved community” means any census tract in which, according 10
305		-	to the most recent U.S. Census Bureau Survey: 11
	404	+	(G) (1) NOT MORE THAN 10% OF THE FUND MAY BE USED FOR 18
	405	+	ADMINISTRATIVE EXPEN SES BY THE DEPARTMENT OR THE DEPARTMENT OF 19
	406	+	AGRICULTURE EACH FISCAL YEAR . 20
306	407
307		-	(i) At least 25% of the residents qualify as low–income; 12
	408	+	(2) THE COMPTROLLER SHALL TRANSFER THE REMAINING MONEY 21
	409	+	FROM THE FUND AFTER ADMINISTRA TIVE EXPENSES UNDER PARAGRAPH (1) OF 22
	410	+	THIS SUBSECTION AS FOLLOWS: 23
308	411
309		-	(ii) ~~At least 50%~~ ~~of the residents identify as nonwhite; or 13~~
	412	+	(I) ON JULY 1, 2026: 24
310	413
311		-	(iii) At least 15% of the residents have limited English proficiency. 14
	414	+	1. 4% TO THE GRANT PROGRAM TO REDUCE AND 25
	415	+	COMPOST SCHOOL WASTE UNDER § 7–130 OF THE EDUCATION ARTICLE; 26
312	416
313		-	9–201. 15
	417	+	2. 48% TO THE WASTED FOOD REDUCTION AND 27
	418	+	DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THIS SUBTITLE; AND 28
	419	+	10 HOUSE BILL 1318
314	420
315		-	(a) In this subtitle the following words have the meanings indicated. 16
316	421
317		-	(e) “Refuse disposal system” includes: 17
	422	+	3. 48% TO THE ON–FARM ORGANICS DIVERSION AND 1
	423	+	RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE AGRICULTURE ARTICLE; 2
	424	+	AND 3
318	425
319		-	(1) An incinerator; 18
	426	+	(II) BEGINNING ON JULY 1, 2027, AND EACH JULY 1 4
	427	+	THEREAFTER : 5
320	428
321		-	(2) A transfer station; 19
	429	+	1. 50% TO THE WASTED FOOD REDUCTION AND 6
	430	+	DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THIS SUBTITLE; AND 7
322	431
323		-	(3) A landfill system; 20
	432	+	2. 50% TO THE ON–FARM ORGANICS DIVERSION AND 8
	433	+	RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE AGRICULTURE ARTICLE. 9
324	434
325		-	(4) A landfill; 21
	435	+	(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 10
	436	+	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 11
326	437
327		-	(5) A solid waste processing facility; and 22
	438	+	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 12
	439	+	THE FUND. 13
328	440
329		-	(6) Any other solid waste acceptance facility. 23
	441	+	(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 14
	442	+	WITH THE STATE BUDGET . 15
330	443
331		-	9–1701. 24 8 HOUSE BILL 1318
	444	+	(J) MONEY EXPENDED FROM T HE FUND FOR THE SCHOOL WASTE 16
	445	+	REDUCTION AND COMPOSTING PROGRAM, THE WASTED FOOD REDUCTION AND 17
	446	+	DIVERSION GRANT PROGRAM, AND THE ON–FARM ORGANICS DIVERSION AND 18
	447	+	RECYCLING GRANT PROGRAM IS SUPPLEMENTAL T O AND IS NOT INTENDE D TO 19
	448	+	TAKE THE PLACE OF FU NDING THAT OTHERWISE WOULD BE APPROPRIATE D FOR 20
	449	+	THOSE PROGRAMS . 21
	450	+
	451	+	9–1725.3. 22
	452	+
	453	+	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 23
	454	+	INDICATED. 24
	455	+
	456	+	(2) “GRANT PROGRAM” MEANS THE WASTED FOOD REDUCTION AND 25
	457	+	DIVERSION GRANT PROGRAM. 26
	458	+
	459	+	(3) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 27
	460	+	1–701 OF THIS ARTICLE. 28
	461	+
	462	+	(4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 29
	463	+	1–701 OF THIS ARTICLE. 30
	464	+	HOUSE BILL 1318 11
	465	+
	466	+
	467	+	(5) “URBAN FARMER” HAS THE MEANING STAT ED IN § 2–401 OF THE 1
	468	+	AGRICULTURE ARTICLE. 2
	469	+
	470	+	(B) BEGINNING JULY 1, 2026, THERE IS A WASTED FOOD REDUCTION AND 3
	471	+	DIVERSION GRANT PROGRAM IN THE DEPARTMENT . 4
	472	+
	473	+	(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD GRANTS 5
	474	+	ANNUALLY FOR INFRAST RUCTURE, PROGRAMS, AND EDUCATION THAT REDUCE , 6
	475	+	RESCUE, AND DIVERT WASTED FO OD IN THE STATE. 7
	476	+
	477	+	(D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF 8
	478	+	AGRICULTURE , SHALL ADMINISTER THE GRANT PROGRAM. 9
	479	+
	480	+	(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 10
	481	+	GRANT PROGRAM: 11
	482	+
	483	+	(1) A UNIT OF STATE OR LOCAL GOVERN MENT THAT HAS NOT OP TED 12
	484	+	OUT OF THE STATEWIDE SOLID WASTE DISPOSAL SURCHARGE ; 13
	485	+
	486	+	(2) A LOCAL EDUCATION AGEN CY; 14
	487	+
	488	+	(3) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 10–101 15
	489	+	OF THE EDUCATION ARTICLE; 16
	490	+
	491	+	(4) A NONPROFIT ORGANIZATION ; 17
	492	+
	493	+	(5) A FARMER OR AN URBAN FARMER ; 18
	494	+
	495	+	(6) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH T HE 19
	496	+	STATE DEPARTMENT OF ASSESSMENT S AND TAXATION; AND 20
	497	+
	498	+	(7) A CONSORTIUM OF ANY EN TITIES UNDER THIS SUBSECTION. 21
	499	+
	500	+	(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER THE GRANT PROGRAM IF 22
	501	+	THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 23
	502	+	PROGRAMS, EDUCATION, OR TECHNICAL ASSISTANCE IN THE STATE THAT: 24
	503	+
	504	+	(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 25
	505	+
	506	+	(2) RESCUES EDIBLE FOOD FOR PURPOSES OF REDISTRI BUTION; 26
	507	+	12 HOUSE BILL 1318
	508	+
	509	+
	510	+	(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF THE FEED IS 1
	511	+	REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 2
	512	+	THE DEPARTMENT OF AGRICULTURE ; 3
	513	+
	514	+	(4) COMPOSTS OR RECYCLES FOOD RESIDUALS , INCLUDING 4
	515	+	AT–HOME, COMMUN ITY, AND ON–FARM COMPOSTING ; OR 5
	516	+
	517	+	(5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 6
	518	+	DURABLE AND REUSABLE FOOD SERVICEWARE . 7
	519	+
	520	+	(G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 8
	521	+	DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE , 9
	522	+	SHALL PRIORITIZE PRO JECTS: 10
	523	+
	524	+	(1) FOR WHICH THE APPLICA NT CLEARLY DESCRIBES HOW THE 11
	525	+	PROJECT WILL: 12
	526	+
	527	+	(I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 13
	528	+	TO THE COMMUNITY ; AND 14
	529	+
	530	+	(II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 15
	531	+
	532	+	(2) THAT PREVENT , RESCUE, AND DIVERT WASTED FOOD W ITHIN A 16
	533	+	LOCAL COMMUNITY ; 17
	534	+
	535	+	(3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 18
	536	+	CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05; 19
	537	+
	538	+	(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINATED COMPOST 20
	539	+	THROUGH: 21
	540	+
	541	+	(I) PROCESSING SOURCE–SEPARATED MATERIALS ; 22
	542	+
	543	+	(II) NOT USING DEPACKAGERS ; AND 23
	544	+
	545	+	(III) MEETING THE UNITED STATES COMPOSTING COUNCIL’S 24
	546	+	SEAL OF TESTING ASSURANCE; 25
	547	+
	548	+	(5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY ; 26
	549	+
	550	+	(6) THAT MINIMIZE NEGATIV E IMPACTS TO THE LOCAL COMMUNI TY; 27
	551	+	AND 28
	552	+	HOUSE BILL 1318 13
	553	+
	554	+
	555	+	(7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 1
	556	+	INCLUDING: 2
	557	+
	558	+	(I) THE CREATION OF JOBS ; 3
	559	+
	560	+	(II) INCREASING JOB TRAINI NG; AND 4
	561	+
	562	+	(III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 5
	563	+	PRACTICES THAT ARE I NCLUSIVE AND PROV IDE A LIVING WAGE . 6
	564	+
	565	+	(H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 7
	566	+	PROGRAM MAY NOT RECEI VE A GRANT UNDER THE ON–FARM ORGANICS 8
	567	+	DIVERSION AND RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE 9
	568	+	AGRICULTURE ARTICLE IN THE SAME C ALENDAR YEAR . 10
	569	+
	570	+	(I) (1) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT 11
	571	+	OF AGRICULTURE , SHALL ADOPT REGULATIONS TO IMPLE MENT THIS SECTION . 12
	572	+
	573	+	(2) REGULATIONS ADOPTED U NDER THIS SUBSECTION SHALL 13
	574	+	INCLUDE: 14
	575	+
	576	+	(I) A SIMPLE COMMON APPLIC ATION PROCEDURE ; AND 15
	577	+
	578	+	(II) FOR ELIGIBLE ENTITIES , A PROCESS TO FACILITAT E THE 16
	579	+	PARTICIPATION OF ELI GIBLE ENTITIES THAT HAVE LIMITED RESOURC ES OR 17
	580	+	LANGUAGE BARRIERS . 18
	581	+
	582	+	(J) ON OR BEFORE DECEMBER 31, 2026, AND EACH DECEMBER 1 19
	583	+	THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 20
	584	+	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 21
	585	+
	586	+	(1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 22
	587	+
	588	+	(2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 23
	589	+	OTHER BENEFITS TO TH E STATE; 24
	590	+
	591	+	(3) THE IMPACT ON WASTE P REVENTED, RESCUED, AND DIVERTED 25
	592	+	FROM DISPOSAL ; AND 26
	593	+
	594	+	(4) THE IMPACT ON FARMERS IN THE STATE. 27
	595	+
	596	+	Article – State Finance and Procurement 28
	597	+
	598	+	6–226. 29 14 HOUSE BILL 1318
332	599
333	600
334	601
335		-	(a) In this subtitle the following words have the meanings indicated. 1
	602	+	(a) (2) (i) Notwithstanding any other provision of law, and unless 1
	603	+	inconsistent with a federal law, grant agreement, or other federal requirement or with the 2
	604	+	terms of a gift or settlement agreement, net interest on all State money allocated by the 3
	605	+	State Treasurer under this section to special funds or accounts, and otherwise entitled to 4
	606	+	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 5
	607	+	Fund of the State. 6
336	608
337		-	(~~S–1~~) ~~“SOURCE SEPARATION ” MEANS~~ THE ~~SEPARATION~~ OF ~~MATERIALS FROM 2~~
338		-	~~EACH OTHER PRIOR~~ TO ~~COLLECTION AND AT TH E POINT OF GENERATIO N. 3~~
	609	+	(ii) The provisions of subparagraph (i) of this paragraph do not apply 7
	610	+	to the following funds: 8
339	611
340		-	~~9–1725.1~~. 4
	612	+	189. the Teacher Retention and Development Fund; [and] 9
341	613
342		-	(A) (1) THERE IS A SOLID WAST E DISPOSAL SURCHARGE ON THE FINAL 5
343		-	DISPOSAL OF SOLID WA STE IN REFUSE DISPOS AL SYSTEMS IN THE STATE. 6
	614	+	190. the Protecting Against Hate Crimes Grant Fund; AND 10
344	615
345		-	(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE SOLID 7
346		-	WASTE DISPOSAL SURCH ARGE IS $2 PER TON OF SOLID WAS TE PROCESSED BY A 8
347		-	REFUSE DISPOSAL SYST EM FOR FINAL DISPOSA L. 9
	616	+	191. THE WASTED FOOD REDUCTION AND DIVERSION 11
	617	+	FUND. 12
348	618
349		-	(3) ON OR BEFORE JULY 1, 2027, AND EVERY 2 YEARS THEREAFTER , 10
350		-	THE DEPARTMENT SHALL : 11
351		-
352		-	(I) ADJUST THE SOLID WAST E DISPOSAL SURCHARGE IN 12
353		-	ACCORDANCE WITH THE CONSUMER PRICE INDEX FOR THE MID–ATLANTIC 13
354		-	DIVISION; AND 14
355		-
356		-	(II) EVALUATE THE SOLID WA STE DISPOSAL SURCHAR GE TO 15
357		-	DETERMINE IF ADDITIO NAL ADJUSTMENTS TO T HE SURCHARGE ARE REQ UIRED. 16
358		-
359		-	(4) IF THE SURCHARGE HAS BEEN ASSESSED ON AN ELIGI BLE OWNER 17
360		-	OR OPERATOR OF A TRA NSFER STATION , THE SOLID WASTE DISP OSAL SURCHARGE 18
361		-	MAY NOT BE ASSESSED ON AN OWNER OR OPERA TOR OF A REFUSE DISP OSAL SYSTEM 19
362		-	THAT RECEIVES THE SO LID WASTE FOR FINAL DISPOSAL. 20
363		-
364		-	(5) AN OWNER OR OPERATOR OF A REFUSE DISPOSAL SY STEM SHALL 21
365		-	COLLECT THE SURCHARG E REQUIRED UNDER THI S SECTION BY INCLUDI NG THE 22
366		-	SURCHARGE AMOUNT DUE AS A SEPARATE LINE I TEM ON EVERY CUSTOME R BILL 23
367		-	PRESENTED TO A SOLID WASTE COLLECTOR OR G ENERATOR. 24
368		-
369		-	(6) A SOLID WASTE HAULER OR COLLECT OR MAY COLLECT RATES , 25
370		-	FEES, OR SURCHARGES FROM S OLID WASTE GENERATOR S SERVICED BY THE SO LID 26
371		-	WASTE HAULER OR COLL ECTOR IN AN AMOUNT S UFFICIENT TO RECOVER THE 27
372		-	SURCHARGE COLLECTED BY THE OWNER OR OPER ATOR OF A REFUSE DIS POSAL 28
373		-	SYSTEM. 29
374		-
375		-	(B) (1) SUBJECT TO SUBSECTION (C) OF THIS SECTION AND BEGINNING 30
376		-	JULY 1, 2025, AND EVERY QUARTER TH EREAFTER, THE OWNER OR OPERATO R OF A 31
377		-	REFUSE DISPOSAL SYST EM IN THE STATE SHALL SUBMIT , UNDER OATH , THE SUM OF 32 HOUSE BILL 1318 9
378		-
379		-
380		-	SURCHARGES COLLECTED IN THE IMMEDIATELY P RECEDING Q UARTER TO THE 1
381		-	DEPARTMENT . 2
382		-
383		-	(2) IN ADDITION TO THE SU RCHARGES SUBMITTED T O THE 3
384		-	DEPARTMENT UNDER PARA GRAPH (1) OF THIS SUBSECTION , THE OWNER OR 4
385		-	OPERATOR OF A REFUSE DISPOSAL SYSTEM SHAL L SUBMIT, AS APPLICABLE , AN 5
386		-	ACCOUNTING OF THE NU MBER OF TONS OF SOLI D WASTE ACCEPTED FOR DI SPOSAL, 6
387		-	TRANSFER, OR COLLECTION DURING THE REPORTING PERIOD . 7
388		-
389		-	(3) THE DEPARTMENT SHALL DEPO SIT THE SURCHARGES 8
390		-	COLLECTED UNDER THIS SUBSECTION INTO THE WASTED FOOD REDUCTION AND 9
391		-	DIVERSION FUND UNDER § 9–1725.2 OF THIS SUBTITLE. 10
392		-
393		-	(C) (1) A COUNTY MAY SUBMIT A REQUEST ON BEHALF OF THE REFUSE 11
394		-	DISPOSAL SYSTEMS IN THE COUNTY FOR AN EX EMPTION FROM THE REQ UIREMENTS 12
395		-	OF THIS SECTION. 13
396		-
397		-	(2) THE DEPARTMENT MAY APPROV E A REQUEST FOR AN E XEMPTION 14
398		-	UNDER PARAGRAPH (1) OF THIS SUBSECTION I F: 15
399		-
400		-	(I) THE COUNTY ESTABLISHE S A SOLID WASTE DISP OSAL 16
401		-	SURCHARGE TO FUND FO OD RESCUE, WASTED FOOD DIVERSIO N, AND ORGANICS 17
402		-	RECYCLING; 18
403		-
404		-	(II) THE COUNTY’S ASSESSED AND COLLE CTED SOLID WASTE 19
405		-	DISPOSAL SURCHARGE I S NOT LESS THAN THE STATEWIDE SOLID WAST E DISPOSAL 20
406		-	SURCHARGE; AND 21
407		-
408		-	(III) ELIGIBLE ENTITIES FOR GRANTS TO FUND FOOD RESCUE, 22
409		-	WASTED FOOD DIVERSIO N, AND ORGANICS RECYCLI NG INCLUDE THE ELIGI BLE 23
410		-	ENTITIES UNDER : 24
411		-
412		-	1. THE ON–FARM ORGANICS DIVERSION AND 25
413		-	RECYCLING GRANT PROGRAM IN ACCORDANCE WITH § 2–109 OF THE 26
414		-	AGRICULTURE ARTICLE; AND 27
415		-
416		-	2. THE WASTED FOOD REDUCTION AND DIVERSION 28
417		-	GRANT PROGRAM IN ACCORDANCE WITH § 9–1725.3 OF THIS SUBTITLE . 29
418		-
419		-	(3) IF A COUNTY ESTABLISH ES A SOLID WASTE DIS POSAL 30
420		-	SURCHARGE , A REFUSE DISPOSAL SY STEM IN THE COUNTY M AY ASSESS THE 31
421		-	SURCHARGE DURING EITH ER WASTE GENERATION , COLLECTION, OR FINAL 32
422		-	DISPOSAL. 33
423		-	10 HOUSE BILL 1318
424		-
425		-
426		-	(4) IF A COUNTY ESTABLISH ES A SURCHARGE IN AC CORDANCE WITH 1
427		-	THIS SUBSECTION , THE DEPARTMENT MAY ANNUAL LY REVIEW THE COUNTY 2
428		-	SURCHARGE PROGRAM IN ORDER TO: 3
429		-
430		-	(I) ENSURE COMPLIANCE WITH THE REQUIREMENT S OF THIS 4
431		-	SUBSECTION; AND 5
432		-
433		-	(II) EVALUATE BEST PRACTIC ES AT THE COUNTY LEV EL TO BE 6
434		-	ADOPTED FOR THE STAT EWIDE SOLID WASTE DI SPOSAL SURCHARGE . 7
435		-
436		-	9–1725.2. 8
437		-
438		-	(A) IN THIS SECTION, “FUND” MEANS THE WASTED FOOD REDUCTION AND 9
439		-	DIVERSION FUND. 10
440		-
441		-	(B) THERE IS A WASTED FOOD REDUCTION AND DIVERSION FUND. 11
442		-
443		-	(C) THE PURPOSE OF THE FUND IS TO FUND ELIGI BLE PROJECTS UNDER 12
444		-	THE ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT PROGRAM 13
445		-	ESTABLISHED UNDER § 2–109 OF THE AGRICULTURE ARTICLE AND THE WASTED 14
446		-	FOOD REDUCTION AND DIVERSION GRANT PROGRAM ESTABLISHED U NDER § 15
447		-	9–1725.3 OF THIS SUBTITLE. 16
448		-
449		-	(D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 17
450		-
451		-	(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 18
452		-	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 19
453		-
454		-	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 20
455		-	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 21
456		-
457		-	(F) THE FUND CONSISTS OF : 22
458		-
459		-	(1) REVENUE DISTRIBUTED T O THE FUND UNDER § 9–1725.1 OF THIS 23
460		-	SUBTITLE; 24
461		-
462		-	(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 25
463		-
464		-	(3) (2) INTEREST EARNINGS ; AND 26
465		-
466		-	(4) (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 27
467		-	FOR THE BENEFIT OF T HE FUND. 28
468		-	HOUSE BILL 1318 11
469		-
470		-
471		-	(G) (1) NOT MORE THAN 10% 25% OF THE FUND MAY BE USED FOR 1
472		-	ADMINISTRATIVE EXPEN SES BY THE DEPARTMENT OR THE DEPARTMENT OF 2
473		-	AGRICULTURE EACH FISC AL YEAR. 3
474		-
475		-	(2) THE COMPTROLLER SHALL TRA NSFER THE REMAINING MONEY 4
476		-	FROM THE FUND AFTER ADMINISTRA TIVE EXPENSES UNDER PARAGRAPH (1) OF 5
477		-	THIS SUBSECTION AS F OLLOWS: 6
478		-
479		-	(I) ON JULY 1, 2026: 7
480		-
481		-	1. 4% TO THE GRANT PROGRAM TO REDUCE AN D 8
482		-	COMPOST SCHOOL WASTE UNDER § 7–130 OF THE EDUCATION ARTICLE; 9
483		-
484		-	2. 48% TO THE WASTED FOOD REDUCTION AND 10
485		-	DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THIS SUBTITLE; AND 11
486		-
487		-	3. 48% TO THE ON–FARM ORGANICS DIVERSION AND 12
488		-	RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE AGRICULTURE ARTICLE; 13
489		-	AND 14
490		-
491		-	(II) BEGINNING ON JULY 1, 2027, AND EACH JULY 1 15
492		-	THEREAFTER : 16
493		-
494		-	1. 50% TO THE WASTED FOOD REDUCTION AND 17
495		-	DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THIS SUBTITLE; AND 18
496		-
497		-	2. 50% TO THE ON–FARM ORGANICS DIVERSION AND 19
498		-	RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE AGRICULTURE ARTICLE. 20
499		-
500		-	(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 21
501		-	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 22
502		-
503		-	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 23
504		-	THE FUND. 24
505		-
506		-	(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 25
507		-	WITH THE STATE BUDGET . 26
508		-
509		-	(J) MONEY EXPENDED FROM T HE FUND FOR THE SCHOOL WASTE 27
510		-	REDUCTION AND COMPOSTING PROGRAM, THE WASTED FOOD REDUCTION AND 28
511		-	DIVERSION GRANT PROGRAM, AND THE ON–FARM ORGANICS DIVERSION AND 29
512		-	RECYCLING GRANT PROGRAM IS SUPPLEMENT AL TO AND IS NOT INT ENDED TO 30
513		-	TAKE THE PLACE OF FU NDING THAT OTHERWISE WOULD BE APPROPRIATE D FOR 31
514		-	THOSE PROGRAMS . 32 12 HOUSE BILL 1318
515		-
516		-
517		-
518		-	9–1725.3. 1
519		-
520		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
521		-	INDICATED. 3
522		-
523		-	(2) “GRANT PROGRAM” MEANS THE WASTED FOOD REDUCTION AND 4
524		-	DIVERSION GRANT PROGRAM. 5
525		-
526		-	(3) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 6
527		-	1–701 OF THIS ARTICLE. 7
528		-
529		-	(4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 8
530		-	1–701 OF THIS ARTICLE. 9
531		-
532		-	(5) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THE 10
533		-	AGRICULTURE ARTICLE. 11
534		-
535		-	(B) BEGINNING JULY 1, 2026, THERE IS A WASTED FOOD REDUCTION AND 12
536		-	DIVERSION GRANT PROGRAM IN THE DEPARTMENT . 13
537		-
538		-	(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 14
539		-	ANNUALLY FOR INFRASTRUCTUR E, PROGRAMS, AND EDUCATION THAT R EDUCE, 15
540		-	RESCUE, AND DIVERT WASTED FO OD IN THE STATE. 16
541		-
542		-	(D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF 17
543		-	AGRICULTURE , SHALL ADMINISTER THE GRANT PROGRAM. 18
544		-
545		-	(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A GRANT UNDER TH E 19
546		-	GRANT PROGRAM: 20
547		-
548		-	(1) A UNIT OF STATE OR LOCAL GOVERN MENT THAT HAS NOT OP TED 21
549		-	OUT OF THE STATEWIDE SOLID WASTE DISPOSAL SURCHARGE ; 22
550		-
551		-	(2) A LOCAL EDUCATION AGEN CY; 23
552		-
553		-	(3) (2) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 24
554		-	10–101 OF THE EDUCATION ARTICLE; 25
555		-
556		-	(4) (3) A NONPROFIT ORGANIZATI ON; 26
557		-
558		-	(5) (4) A FARMER OR AN URBAN F ARMER; 27
559		-
560		-	(6) (5) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH 28
561		-	THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 29 HOUSE BILL 1318 13
562		-
563		-
564		-
565		-	(7) (6) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 1
566		-
567		-	(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E GRANT PROGRAM IF 2
568		-	THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 3
569		-	PROGRAMS, EDUCATION, OR TECHNICAL ASSISTA NCE IN THE STATE THAT: 4
570		-
571		-	(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 5
572		-
573		-	(2) RESCUES EDIBLE FOOD F OR PURPOSES OF REDIS TRIBUTION; 6
574		-
575		-	(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 7
576		-	REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 8
577		-	THE DEPARTMENT OF AGRICULTURE ; 9
578		-
579		-	(4) COMPOSTS OR RECYCLES FOOD RESIDUALS , INCLUDING 10
580		-	AT–HOME, COMMUNITY , AND ON–FARM COMPOSTING ; OR 11
581		-
582		-	(5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 12
583		-	DURABLE AND REUSABLE FOOD SERVICEWARE . 13
584		-
585		-	(G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 14
586		-	DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE , 15
587		-	SHALL PRIORITIZE PRO JECTS: 16
588		-
589		-	(1) FOR WHICH THE APPLICA NT CLEARLY DESCRIBES HOW THE 17
590		-	PROJECT WILL: 18
591		-
592		-	(I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 19
593		-	TO THE COMMUNITY ; AND 20
594		-
595		-	(II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 21
596		-
597		-	(2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 22
598		-	LOCAL COMMUNITY ; 23
599		-
600		-	(3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 24
601		-	CLASSIFICATION OF “GENERAL USE ” UNDER COMAR 15.18.04.05; 25
602		-
603		-	(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINATED COMPOST 26
604		-	THROUGH: 27
605		-
606		-	(I) PROCESSING SOURCE –SEPARATED MATERIALS ; 28
607		-
608		-	(II) NOT USING DEPACKAGERS ; AND 29 14 HOUSE BILL 1318
609		-
610		-
611		-
612		-	(III) MEETING THE UNITED STATES COMPOSTING COUNCIL’S 1
613		-	SEAL OF TESTING ASSURANCE; 2
614		-
615		-	(5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY; 3
616		-
617		-	(6) THAT MINIMIZE NEGATIV E IMPACTS TO THE LOC AL COMMUNITY ; 4
618		-	AND 5
619		-
620		-	(7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 6
621		-	INCLUDING: 7
622		-
623		-	(I) THE CREATION OF JOBS ; 8
624		-
625		-	(II) INCREASING JOB TRAINI NG; AND 9
626		-
627		-	(III) INCREASING HIRING AND LEADERSHIP DEVELOPMENT 10
628		-	PRACTICES THAT ARE I NCLUSIVE AND PROVIDE A LIVING WAGE. 11
629		-
630		-	(H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 12
631		-	PROGRAM MAY NOT RECEI VE A GRANT UNDER THE ON–FARM ORGANICS 13
632		-	DIVERSION AND RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE 14
633		-	AGRICULTURE ARTICLE IN THE SAME C ALENDAR YEAR . 15
634		-
635		-	(I) (1) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT 16
636		-	OF AGRICULTURE , SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION. 17
637		-
638		-	(2) REGULATIONS ADOPTED U NDER THIS SUBSECTION SHALL 18
639		-	INCLUDE: 19
640		-
641		-	(I) A SIMPLE COMMON APPLICATION PROCEDUR E; AND 20
642		-
643		-	(II) FOR ELIGIBLE ENTITIES , A PROCESS TO FACILIT ATE THE 21
644		-	PARTICIPATION OF ELI GIBLE ENTITIES THAT HAVE LIMITED RESOURC ES OR 22
645		-	LANGUAGE BARRIERS . 23
646		-
647		-	(J) ON OR BEFORE DECEMBER 31, 2026, AND EACH DECEMBER 1 24
648		-	THEREAFTER , THE DEPARTME NT SHALL REPORT TO T HE GENERAL ASSEMBLY, IN 25
649		-	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 26
650		-
651		-	(1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 27
652		-
653		-	(2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 28
654		-	OTHER BENEFITS TO TH E STATE; 29
655		-	HOUSE BILL 1318 15
656		-
657		-
658		-	(3) THE IMPACT ON WASTE PREVE NTED, RESCUED, AND DIVERTED 1
659		-	FROM DISPOSAL ; AND 2
660		-
661		-	(4) THE IMPACT ON FARMERS IN THE STATE. 3
662		-
663		-	Article – State Finance and Procurement 4
664		-
665		-	6–226. 5
666		-
667		-	(a) (2) (i) Notwithstanding any other provision of law, and unless 6
668		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the 7
669		-	terms of a gift or settlement agreement, net interest on all State money allocated by the 8
670		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to 9
671		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 10
672		-	Fund of the State. 11
673		-
674		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply 12
675		-	to the following funds: 13
676		-
677		-	189. the Teacher Retention and Development Fund; [and] 14
678		-
679		-	190. the Protecting Against Hate Crimes Grant Fund; AND 15
680		-
681		-	191. THE WASTED FOOD REDUCTION AND DIVERSION 16
682		-	FUND. 17
683		-
684		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
685		-	October 1, 2024. 19
686		-
687		-
688		-
689		-
690		-	Approved:
691		-	________________________________________________________________________________
692		-	Governor.
693		-	________________________________________________________________________________
694		-	Speaker of the House of Delegates.
695		-	________________________________________________________________________________
696		-	President of the Senate.
	619	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
	620	+	October 1, 2024. 14