EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1318*
HOUSE BILL 1318
M3, M4 4lr2228
By: Delegate Boyce Delegates Boyce, Addison, Healey, Lehman, Love, Ruth, Stein,
Stewart, and Terrasa
Introduced and read first time: February 9, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2024
CHAPTER ______
AN ACT concerning 1
Solid Waste Disposal Surcharge and Wasted Food Reduction and Diversion 2
Fund and Grant Programs – Established 3
FOR the purpose of establishing the On–Farm Organics Diversion and Recycling Grant 4
Program in the Department of Agriculture to award grants to eligible entities to 5
develop and implement on–farm organics recycling and compost use, wasted food 6
prevention, and food rescue; establishing a solid waste disposal surcharge on the 7
final disposal of solid waste in the State; requiring, beginning on a certain date and 8
each quarter thereafter, the owner or operator of a refuse disposal system to submit 9
a certain solid waste disposal surcharge to the Department of the Environment in a 10
certain manner; requiring the Department of the Environment to deposit certain 11
surcharges into a certain fund; authorizing a county to request an exemption from a 12
certain surcharge on behalf of certain refuse disposal systems and authorizing the 13
Department of the Environment to approve the request under certain conditions; 14
establishing the Wasted Food Reduction and Diversion Fund as a special, nonlapsing 15
fund and requiring interest earnings of the Fund to be credited to the Fund; 16
establishing the Wasted Food Reduction and Diversion Grant Program in the 17
Department of the Environment to award grants to eligible entiti es for 18
infrastructure, programs, and education that reduce, rescue, and divert wasted food 19
in the State; and generally relating to wasted food reduction and diversion in the 20
State. 21
BY adding to 22
Article – Agriculture 23 2 HOUSE BILL 1318
Section 2–109 1
Annotated Code of Maryland 2
(2016 Replacement Volume and 2023 Supplement) 3
BY repealing and reenacting, without amendments, 4
Article – Agriculture 5
Section 2–401(a) 6
Annotated Code of Maryland 7
(2016 Replacement Volume and 2023 Supplement) 8
BY repealing and reenacting, without amendments, 9
Article – Environment 10
Section 1–701(a)(1), (7), and (8) 11
Annotated Code of Maryland 12
(2013 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Environment 15
Section 9–201(a) and (e) and 9–1701(a) 16
Annotated Code of Maryland 17
(2014 Replacement Volume and 2023 Supplement) 18
BY adding to 19
Article – Environment 20
Section 9–1701(s–1), 9–1725.1, 9–1725.2, and 9–1725.3 21
Annotated Code of Maryland 22
(2014 Replacement Volume and 2023 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – State Finance and Procurement 25
Section 6–226(a)(2)(i) 26
Annotated Code of Maryland 27
(2021 Replacement Volume and 2023 Supplement) 28
BY repealing and reenacting, with amendments, 29
Article – State Finance and Procurement 30
Section 6–226(a)(2)(ii)189. and 190. 31
Annotated Code of Maryland 32
(2021 Replacement Volume and 2023 Supplement) 33
BY adding to 34
Article – State Finance and Procurement 35
Section 6–226(a)(2)(ii)191. 36
Annotated Code of Maryland 37
(2021 Replacement Volume and 2023 Supplement) 38
HOUSE BILL 1318 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Agriculture 3
2–109. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “GRANT PROGRAM” MEANS THE ON–FARM ORGANICS 7
DIVERSION AND RECYCLING GRANT PROGRAM. 8
(3) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THIS 9
TITLE. 10
(B) THERE IS AN ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT 11
PROGRAM IN THE DEPARTMENT . 12
(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 13
ANNUALLY FOR DEVELOP ING AND IMPLEMENTING ON–FARM ORGANICS RECYCL ING 14
AND COMPOST USE , WASTED FOOD PREVENTI ON, AND FOOD RESCUE . 15
(D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE 16
ENVIRONMENT , SHALL ADMINISTER THE GRANT PROGRAM. 17
(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 18
GRANT PROGRAM: 19
(1) A FARMER OR AN URBAN F ARMER; 20
(2) A SOIL CONSERVATION DI STRICT; 21
(3) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 10–101 22
OF THE EDUCATION ARTICLE; 23
(4) A NONPROFIT ORGANIZATI ON; 24
(5) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH THE 25
STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 26
(6) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 27
4 HOUSE BILL 1318
(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER THE GRANT PROGRAM IF 1
THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 2
PROGRAMS, EDUCATION, OR TECHNICAL ASSISTA NCE IN THE STATE THAT: 3
(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 4
(2) RESCUES EDIBLE FOOD FOR PURPOSES OF REDISTRIBUTION ; 5
(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 6
REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 7
THE DEPARTMENT ; 8
(4) COMPOSTS OR RECYCLES SOURCE–SEPARATED FOOD 9
RESIDUALS, INCLUDING AT–HOME, COMMUNITY , AND ON–FARM COMPOSTING ; OR 10
(5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 11
DURABLE AND REUSABLE FOOD SERVICEWARE ; 12
(6) PROVIDES LABOR AND WA GES IN SUPPORT OF WA STED FOOD 13
PREVENTION , FOOD RESCUE , AND ON–FARM ORGANICS RECYCL ING AND COMPOST 14
USE; 15
(7) PROVIDES BEST MANAGEM ENT PRACTICE TRAININ G IN 16
RELEVANT FIELDS BY A REPUTABLE TRAINING P ROGRAM; 17
(8) STUDIES THE IMPACTS O F COMPOST APPLICATIO N ON ON–FARM 18
NUTRIENT AND WATER Q UALITY MANAGEMENT ; OR 19
(9) ASSISTS IN THE PAYMEN T OF APPLICABLE PERM IT APPLICATION 20
COSTS. 21
(G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 22
DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE ENVIRONMENT , 23
SHALL PRIORITIZE PRO JECTS: 24
(1) FOR WHICH THE APPLICA NT CLEARLY DESCR IBES HOW THE 25
PROJECT WILL: 26
(I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 27
TO THE COMMUNITY ; AND 28
(II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 29
HOUSE BILL 1318 5
(2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 1
LOCAL COMMUNITY ; 2
(3) THAT PLAN TO PRODUC E COMPOST THAT MEETS THE 3
CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05; 4
(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINAT ED COMPOST 5
THROUGH: 6
(I) PROCESSING SOURCE –SEPARATED MATERIALS ; 7
(II) NOT USING DEPACKAGERS ; AND 8
(III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 9
TESTING ASSURANCE; 10
(5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY ; 11
(6) THAT MINIMIZE NEGATIV E IMPACTS TO THE LOC AL COMMUNITY ; 12
AND 13
(7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 14
INCLUDING: 15
(I) THE CREATION OF JOBS ; 16
(II) INCREASING JOB TRAINI NG; AND 17
(III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 18
PRACTICES THAT ARE I NCLUSIVE AND PROVIDE A LIVING WAGE. 19
(G) (H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE 20
GRANT PROGRAM MAY NOT RECEI VE A GRANT UNDER THE WASTED FOOD 21
REDUCTION AND DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THE 22
ENVIRONMENT ARTICLE IN THE SAME C ALENDAR YEAR . 23
(H) (I) ON OR BEFORE DECEMBER 31, 2026, AND EACH DECEMBER 1 24
THEREAFTER , THE DEPARTMENT SHAL L REPORT TO THE GENERAL ASSEMBLY, IN 25
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 26
(1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 27
(2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 28
OTHER BENEFITS TO TH E STATE; 29
6 HOUSE BILL 1318
(3) THE IMPACT ON FOOD WASTE PREVEN TED, RESCUED, AND 1
DIVERTED FROM DISPOS AL; AND 2
(4) THE IMPACT ON FARMERS IN THE STATE. 3
2–401. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Urban area” means an area delineated as an urban area by the U.S. 6
Census Bureau. 7
(3) “Urban farmer” means an individual who farms in an urban area. 8
Article – Environment 9
1–701. 10
(a) (1) In this section the following words have the meanings indicated. 11
(7) “Overburdened community” means any census tract for which three or 12
more of the following environmental health indicators are above the 75th percentile 13
statewide: 14
(i) Particulate matter (PM) 2.5; 15
(ii) Ozone; 16
(iii) National Air Toxics Assessment (NATA) diesel PM; 17
(iv) NATA cancer risk; 18
(v) NATA respiratory hazard index; 19
(vi) Traffic proximity; 20
(vii) Lead paint indicator; 21
(viii) National Priorities List Superfund site proximity; 22
(ix) Risk Management Plan facility proximity; 23
(x) Hazardous waste proximity; 24
(xi) Wastewater discharge indicator; 25
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 26 HOUSE BILL 1318 7
(xiii) Percent of the population lacking broadband coverage; 1
(xiv) Asthma emergency room discharges; 2
(xv) Myocardial infarction discharges; 3
(xvi) Low–birth–weight infants; 4
(xvii) Proximity to emitting power plants; 5
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 6
(xix) Proximity to a brownfields site; 7
(xx) Proximity to mining operations; and 8
(xxi) Proximity to a hazardous waste landfill. 9
(8) “Underserved community” means any census tract in which, according 10
to the most recent U.S. Census Bureau Survey: 11
(i) At least 25% of the residents qualify as low–income; 12
(ii) At least 50% of the residents identify as nonwhite; or 13
(iii) At least 15% of the residents have limited English proficiency. 14
9–201. 15
(a) In this subtitle the following words have the meanings indicated. 16
(e) “Refuse disposal system” includes: 17
(1) An incinerator; 18
(2) A transfer station; 19
(3) A landfill system; 20
(4) A landfill; 21
(5) A solid waste processing facility; and 22
(6) Any other solid waste acceptance facility. 23
9–1701. 24 8 HOUSE BILL 1318
(a) In this subtitle the following words have the meanings indicated. 1
(S–1) “SOURCE SEPARATION ” MEANS THE SEPARATION OF MATERIALS FROM 2
EACH OTHER PRIOR TO COLLECTION AND AT TH E POINT OF GENERATIO N. 3
9–1725.1. 4
(A) (1) THERE IS A SOLID WAST E DISPOSAL SURCHARGE ON THE FINAL 5
DISPOSAL OF SOLID WA STE IN REFUSE DISPOS AL SYSTEMS IN THE STATE. 6
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE SOLID 7
WASTE DISPOSAL SURCH ARGE IS $2 PER TON OF SOLID WAS TE PROCESSED BY A 8
REFUSE DISPOSAL SYST EM FOR FINAL DISPOSA L. 9
(3) ON OR BEFORE JULY 1, 2027, AND EVERY 2 YEARS THEREAFTER , 10
THE DEPARTMENT SHALL : 11
(I) ADJUST THE SOLID WAST E DISPOSAL SURCHARGE IN 12
ACCORDANCE WITH THE CONSUMER PRICE INDEX FOR THE MID–ATLANTIC 13
DIVISION; AND 14
(II) EVALUATE THE SOLID WA STE DISPOSAL SURCHAR GE TO 15
DETERMINE IF ADDITIO NAL ADJUSTMENTS TO T HE SURCHARGE ARE REQ UIRED. 16
(4) IF THE SURCHARGE HAS BEEN ASSESSED ON AN ELIGI BLE OWNER 17
OR OPERATOR OF A TRA NSFER STATION , THE SOLID WASTE DISP OSAL SURCHARGE 18
MAY NOT BE ASSESSED ON AN OWNER OR OPERA TOR OF A REFUSE DISP OSAL SYSTEM 19
THAT RECEIVES THE SO LID WASTE FOR FINAL DISPOSAL. 20
(5) AN OWNER OR OPERATOR OF A REFUSE DISPOSAL SY STEM SHALL 21
COLLECT THE SURCHARG E REQUIRED UNDER THI S SECTION BY INCLUDI NG THE 22
SURCHARGE AMOUNT DUE AS A SEPARATE LINE I TEM ON EVERY CUSTOME R BILL 23
PRESENTED TO A SOLID WASTE COLLECTOR OR G ENERATOR. 24
(6) A SOLID WASTE HAULER OR COLLECT OR MAY COLLECT RATES , 25
FEES, OR SURCHARGES FROM S OLID WASTE GENERATOR S SERVICED BY THE SO LID 26
WASTE HAULER OR COLL ECTOR IN AN AMOUNT S UFFICIENT TO RECOVER THE 27
SURCHARGE COLLECTED BY THE OWNER OR OPER ATOR OF A REFUSE DIS POSAL 28
SYSTEM. 29
(B) (1) SUBJECT TO SUBSECTION (C) OF THIS SECTION AND BEGINNING 30
JULY 1, 2025, AND EVERY QUARTER TH EREAFTER, THE OWNER OR OPERATO R OF A 31
REFUSE DISPOSAL SYST EM IN THE STATE SHALL SUBMIT , UNDER OATH , THE SUM OF 32 HOUSE BILL 1318 9
SURCHARGES COLLECTED IN THE IMMEDIATELY P RECEDING Q UARTER TO THE 1
DEPARTMENT . 2
(2) IN ADDITION TO THE SU RCHARGES SUBMITTED T O THE 3
DEPARTMENT UNDER PARA GRAPH (1) OF THIS SUBSECTION , THE OWNER OR 4
OPERATOR OF A REFUSE DISPOSAL SYSTEM SHAL L SUBMIT, AS APPLICABLE , AN 5
ACCOUNTING OF THE NU MBER OF TONS OF SOLI D WASTE ACCEPTED FOR DI SPOSAL, 6
TRANSFER, OR COLLECTION DURING THE REPORTING PERIOD . 7
(3) THE DEPARTMENT SHALL DEPO SIT THE SURCHARGES 8
COLLECTED UNDER THIS SUBSECTION INTO THE WASTED FOOD REDUCTION AND 9
DIVERSION FUND UNDER § 9–1725.2 OF THIS SUBTITLE. 10
(C) (1) A COUNTY MAY SUBMIT A REQUEST ON BEHALF OF THE REFUSE 11
DISPOSAL SYSTEMS IN THE COUNTY FOR AN EX EMPTION FROM THE REQ UIREMENTS 12
OF THIS SECTION. 13
(2) THE DEPARTMENT MAY APPROV E A REQUEST FOR AN E XEMPTION 14
UNDER PARAGRAPH (1) OF THIS SUBSECTION I F: 15
(I) THE COUNTY ESTABLISHE S A SOLID WASTE DISP OSAL 16
SURCHARGE TO FUND FO OD RESCUE, WASTED FOOD DIVERSIO N, AND ORGANICS 17
RECYCLING; 18
(II) THE COUNTY’S ASSESSED AND COLLE CTED SOLID WASTE 19
DISPOSAL SURCHARGE I S NOT LESS THAN THE STATEWIDE SOLID WAST E DISPOSAL 20
SURCHARGE; AND 21
(III) ELIGIBLE ENTITIES FOR GRANTS TO FUND FOOD RESCUE, 22
WASTED FOOD DIVERSIO N, AND ORGANICS RECYCLI NG INCLUDE THE ELIGI BLE 23
ENTITIES UNDER : 24
1. THE ON–FARM ORGANICS DIVERSION AND 25
RECYCLING GRANT PROGRAM IN ACCORDANCE WITH § 2–109 OF THE 26
AGRICULTURE ARTICLE; AND 27
2. THE WASTED FOOD REDUCTION AND DIVERSION 28
GRANT PROGRAM IN ACCORDANCE WITH § 9–1725.3 OF THIS SUBTITLE . 29
(3) IF A COUNTY ESTABLISH ES A SOLID WASTE DIS POSAL 30
SURCHARGE , A REFUSE DISPOSAL SY STEM IN THE COUNTY M AY ASSESS THE 31
SURCHARGE DURING EITH ER WASTE GENERATION , COLLECTION, OR FINAL 32
DISPOSAL. 33
10 HOUSE BILL 1318
(4) IF A COUNTY ESTABLISH ES A SURCHARGE IN AC CORDANCE WITH 1
THIS SUBSECTION , THE DEPARTMENT MAY ANNUAL LY REVIEW THE COUNTY 2
SURCHARGE PROGRAM IN ORDER TO: 3
(I) ENSURE COMPLIANCE WITH THE REQUIREMENT S OF THIS 4
SUBSECTION; AND 5
(II) EVALUATE BEST PRACTIC ES AT THE COUNTY LEV EL TO BE 6
ADOPTED FOR THE STAT EWIDE SOLID WASTE DI SPOSAL SURCHARGE . 7
9–1725.2. 8
(A) IN THIS SECTION, “FUND” MEANS THE WASTED FOOD REDUCTION AND 9
DIVERSION FUND. 10
(B) THERE IS A WASTED FOOD REDUCTION AND DIVERSION FUND. 11
(C) THE PURPOSE OF THE FUND IS TO FUND ELIGI BLE PROJECTS UNDER 12
THE ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT PROGRAM 13
ESTABLISHED UNDER § 2–109 OF THE AGRICULTURE ARTICLE AND THE WASTED 14
FOOD REDUCTION AND DIVERSION GRANT PROGRAM ESTABLISHED U NDER § 15
9–1725.3 OF THIS SUBTITLE. 16
(D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 17
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 18
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 19
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 20
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 21
(F) THE FUND CONSISTS OF : 22
(1) REVENUE DISTRIBUTED T O THE FUND UNDER § 9–1725.1 OF THIS 23
SUBTITLE; 24
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 25
(3) (2) INTEREST EARNINGS ; AND 26
(4) (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 27
FOR THE BENEFIT OF T HE FUND. 28
HOUSE BILL 1318 11
(G) (1) NOT MORE THAN 10% 25% OF THE FUND MAY BE USED FOR 1
ADMINISTRATIVE EXPEN SES BY THE DEPARTMENT OR THE DEPARTMENT OF 2
AGRICULTURE EACH FISC AL YEAR. 3
(2) THE COMPTROLLER SHALL TRA NSFER THE REMAINING MONEY 4
FROM THE FUND AFTER ADMINISTRA TIVE EXPENSES UNDER PARAGRAPH (1) OF 5
THIS SUBSECTION AS F OLLOWS: 6
(I) ON JULY 1, 2026: 7
1. 4% TO THE GRANT PROGRAM TO REDUCE AN D 8
COMPOST SCHOOL WASTE UNDER § 7–130 OF THE EDUCATION ARTICLE; 9
2. 48% TO THE WASTED FOOD REDUCTION AND 10
DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THIS SUBTITLE; AND 11
3. 48% TO THE ON–FARM ORGANICS DIVERSION AND 12
RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE AGRICULTURE ARTICLE; 13
AND 14
(II) BEGINNING ON JULY 1, 2027, AND EACH JULY 1 15
THEREAFTER : 16
1. 50% TO THE WASTED FOOD REDUCTION AND 17
DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THIS SUBTITLE; AND 18
2. 50% TO THE ON–FARM ORGANICS DIVERSION AND 19
RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE AGRICULTURE ARTICLE. 20
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 21
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 22
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 23
THE FUND. 24
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 25
WITH THE STATE BUDGET . 26
(J) MONEY EXPENDED FROM T HE FUND FOR THE SCHOOL WASTE 27
REDUCTION AND COMPOSTING PROGRAM, THE WASTED FOOD REDUCTION AND 28
DIVERSION GRANT PROGRAM, AND THE ON–FARM ORGANICS DIVERSION AND 29
RECYCLING GRANT PROGRAM IS SUPPLEMENT AL TO AND IS NOT INT ENDED TO 30
TAKE THE PLACE OF FU NDING THAT OTHERWISE WOULD BE APPROPRIATE D FOR 31
THOSE PROGRAMS . 32 12 HOUSE BILL 1318
9–1725.3. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “GRANT PROGRAM” MEANS THE WASTED FOOD REDUCTION AND 4
DIVERSION GRANT PROGRAM. 5
(3) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 6
1–701 OF THIS ARTICLE. 7
(4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 8
1–701 OF THIS ARTICLE. 9
(5) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THE 10
AGRICULTURE ARTICLE. 11
(B) BEGINNING JULY 1, 2026, THERE IS A WASTED FOOD REDUCTION AND 12
DIVERSION GRANT PROGRAM IN THE DEPARTMENT . 13
(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 14
ANNUALLY FOR INFRASTRUCTUR E, PROGRAMS, AND EDUCATION THAT R EDUCE, 15
RESCUE, AND DIVERT WASTED FO OD IN THE STATE. 16
(D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF 17
AGRICULTURE , SHALL ADMINISTER THE GRANT PROGRAM. 18
(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A GRANT UNDER TH E 19
GRANT PROGRAM: 20
(1) A UNIT OF STATE OR LOCAL GOVERN MENT THAT HAS NOT OP TED 21
OUT OF THE STATEWIDE SOLID WASTE DISPOSAL SURCHARGE ; 22
(2) A LOCAL EDUCATION AGEN CY; 23
(3) (2) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 24
10–101 OF THE EDUCATION ARTICLE; 25
(4) (3) A NONPROFIT ORGANIZATI ON; 26
(5) (4) A FARMER OR AN URBAN F ARMER; 27
(6) (5) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH 28
THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 29 HOUSE BILL 1318 13
(7) (6) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 1
(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E GRANT PROGRAM IF 2
THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 3
PROGRAMS, EDUCATION, OR TECHNICAL ASSISTA NCE IN THE STATE THAT: 4
(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 5
(2) RESCUES EDIBLE FOOD F OR PURPOSES OF REDIS TRIBUTION; 6
(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 7
REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 8
THE DEPARTMENT OF AGRICULTURE ; 9
(4) COMPOSTS OR RECYCLES FOOD RESIDUALS , INCLUDING 10
AT–HOME, COMMUNITY , AND ON–FARM COMPOSTING ; OR 11
(5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 12
DURABLE AND REUSABLE FOOD SERVICEWARE . 13
(G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 14
DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE , 15
SHALL PRIORITIZE PRO JECTS: 16
(1) FOR WHICH THE APPLICA NT CLEARLY DESCRIBES HOW THE 17
PROJECT WILL: 18
(I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 19
TO THE COMMUNITY ; AND 20
(II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 21
(2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 22
LOCAL COMMUNITY ; 23
(3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 24
CLASSIFICATION OF “GENERAL USE ” UNDER COMAR 15.18.04.05; 25
(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINATED COMPOST 26
THROUGH: 27
(I) PROCESSING SOURCE –SEPARATED MATERIALS ; 28
(II) NOT USING DEPACKAGERS ; AND 29 14 HOUSE BILL 1318
(III) MEETING THE UNITED STATES COMPOSTING COUNCIL’S 1
SEAL OF TESTING ASSURANCE; 2
(5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY; 3
(6) THAT MINIMIZE NEGATIV E IMPACTS TO THE LOC AL COMMUNITY ; 4
AND 5
(7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 6
INCLUDING: 7
(I) THE CREATION OF JOBS ; 8
(II) INCREASING JOB TRAINI NG; AND 9
(III) INCREASING HIRING AND LEADERSHIP DEVELOPMENT 10
PRACTICES THAT ARE I NCLUSIVE AND PROVIDE A LIVING WAGE. 11
(H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 12
PROGRAM MAY NOT RECEI VE A GRANT UNDER THE ON–FARM ORGANICS 13
DIVERSION AND RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE 14
AGRICULTURE ARTICLE IN THE SAME C ALENDAR YEAR . 15
(I) (1) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT 16
OF AGRICULTURE , SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION. 17
(2) REGULATIONS ADOPTED U NDER THIS SUBSECTION SHALL 18
INCLUDE: 19
(I) A SIMPLE COMMON APPLICATION PROCEDUR E; AND 20
(II) FOR ELIGIBLE ENTITIES , A PROCESS TO FACILIT ATE THE 21
PARTICIPATION OF ELI GIBLE ENTITIES THAT HAVE LIMITED RESOURC ES OR 22
LANGUAGE BARRIERS . 23
(J) ON OR BEFORE DECEMBER 31, 2026, AND EACH DECEMBER 1 24
THEREAFTER , THE DEPARTME NT SHALL REPORT TO T HE GENERAL ASSEMBLY, IN 25
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 26
(1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 27
(2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 28
OTHER BENEFITS TO TH E STATE; 29
HOUSE BILL 1318 15
(3) THE IMPACT ON WASTE PREVE NTED, RESCUED, AND DIVERTED 1
FROM DISPOSAL ; AND 2
(4) THE IMPACT ON FARMERS IN THE STATE. 3
Article – State Finance and Procurement 4
6–226. 5
(a) (2) (i) Notwithstanding any other provision of law, and unless 6
inconsistent with a federal law, grant agreement, or other federal requirement or with the 7
terms of a gift or settlement agreement, net interest on all State money allocated by the 8
State Treasurer under this section to special funds or accounts, and otherwise entitled to 9
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 10
Fund of the State. 11
(ii) The provisions of subparagraph (i) of this paragraph do not apply 12
to the following funds: 13
189. the Teacher Retention and Development Fund; [and] 14
190. the Protecting Against Hate Crimes Grant Fund; AND 15
191. THE WASTED FOOD REDUCTION AND DIVERSION 16
FUND. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2024. 19
Approved:
________________________________________________________________________________
Governor.
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Speaker of the House of Delegates.
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President of the Senate.