EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0042*
HOUSE BILL 42
M3, M4 5lr1619
(PRE–FILED) CF SB 134
By: Delegate Boyce
Requested: November 1, 2024
Introduced and read first time: January 8, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
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 Comptroller in a certain manner; 10
requiring the Comptroller to deposit certain surcharges into a certain fund; 11
establishing the Wasted Food Reduction and Diversion Fund as a special, nonlapsing 12
fund and requiring interest earnings of the Fund to be credited to the Fund; 13
establishing the Wasted Food Reduction and Diversion Grant Program and the 14
County Wasted Food Reduction Block Grant Program in the Department of the 15
Environment to award grants and fund certain projects for infrastructure, programs, 16
and education that reduce, rescue, and divert wasted food in the State and certain 17
counties; and generally relating to wasted food reduction and diversion in the State. 18
BY adding to 19
Article – Agriculture 20
Section 2–109 21
Annotated Code of Maryland 22
(2016 Replacement Volume and 2024 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – Agriculture 25
Section 2–401(a)(1) and (3) and 2–2001(a), (f), and (g) 26
Annotated Code of Maryland 27
(2016 Replacement Volume and 2024 Supplement) 28 2 HOUSE BILL 42
BY repealing and reenacting, without amendments, 1
Article – Environment 2
Section 1–701(a)(1), (7), and (8) 3
Annotated Code of Maryland 4
(2013 Replacement Volume and 2024 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Environment 7
Section 9–201(a) and (e) 8
Annotated Code of Maryland 9
(2014 Replacement Volume and 2024 Supplement) 10
BY adding to 11
Article – Environment 12
Section 9–1725.1, 9–1725.2, 9–1725.3, and 9–1725.4 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(i) 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2024 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – State Finance and Procurement 22
Section 6–226(a)(2)(ii)204. and 205. 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2024 Supplement) 25
BY adding to 26
Article – State Finance and Procurement 27
Section 6–226(a)(2)(ii)206. 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2024 Supplement) 30
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That the Laws of Maryland read as follows: 32
Article – Agriculture 33
2–109. 34
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 35
INDICATED. 36
HOUSE BILL 42 3
(2) “GRANT PROGRAM” MEANS THE ON–FARM ORGANICS 1
DIVERSION AND RECYCLING GRANT PROGRAM. 2
(3) “URBAN AGRICULTURAL PRODUCE R” HAS THE MEANING STAT ED 3
IN § 2–2001 OF THIS TITLE. 4
(4) “URBAN FARMER” HAS THE MEANING STAT ED IN § 2–401 OF THIS 5
TITLE. 6
(B) THERE IS AN ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT 7
PROGRAM IN THE DEPARTMENT . 8
(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 9
ANNUALLY FOR DEVELOP ING AND IMPLEMENTING ON–FARM ORGANICS RECYCLING 10
AND COMPOST USE , WASTED FOOD PREVENTI ON, AND FOOD RESCUE . 11
(D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE 12
ENVIRONMENT , SHALL ADMINISTER THE GRANT PROGRAM. 13
(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 14
GRANT PROGRAM: 15
(1) A FARMER, AN URBAN FARMER , OR AN URBAN AGRICULTURAL 16
PRODUCER; 17
(2) A SOIL CONSERVATION DI STRICT; 18
(3) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 10–101 19
OF THE EDUCATION ARTICLE; 20
(4) A NONPROFIT ORGANIZATI ON; 21
(5) A BUSINESS IN THE STATE THAT IS IN: 22
(I) GOOD STANDING WITH THE STATE DEPARTMENT OF 23
ASSESSMENTS AND TAXATION; AND 24
(II) PARTNERSHIP WITH A FA RMER, AN URBAN FARMER , OR AN 25
URBAN AGRICULTURAL P RODUCER; AND 26
(6) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 27
4 HOUSE BILL 42
(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E 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 F OR PURPOSES OF REDIS TRIBUTION; 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 FOOD RESIDUALS THAT ARE 9
SEPARATED FROM PACKA GING PRIOR TO COLLEC TION, INCLUDING AT –HOME, 10
COMMUNITY , AND ON–FARM COMPOSTING ; 11
(5) PROVIDES LABOR AND WA GES IN SUPPORT OF WA STED FOOD 12
PREVENTION , FOOD RESCUE , AND ON–FARM ORGANICS REC YCLING AND COMPOST 13
USE; 14
(6) PROVIDES BEST MANAGEM ENT PRACTICE TRAININ G IN 15
RELEVANT FIELDS BY A REPUTABLE TRAINING P ROGRAM; 16
(7) STUDIES THE IMPACTS O F COMPOST APPLICATIO N ON ON–FARM 17
NUTRIENT AND WATER Q UALITY MANAGEMENT ; OR 18
(8) ASSISTS IN THE PAYME NT OF APPLICABLE PER MIT APPLICATION 19
COSTS. 20
(G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 21
DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE ENVIRONMENT , 22
SHALL PRIORITIZE PRO JECTS: 23
(1) FOR WHICH THE APPLICA NT CLEARLY DESCRIBES HOW THE 24
PROJECT WILL: 25
(I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 26
TO THE COMMUNITY ; AND 27
(II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 28
(2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 29
LOCAL COMMUNITY ; 30
HOUSE BILL 42 5
(3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 1
CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05; 2
(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINAT ED COMPOST 3
THROUGH: 4
(I) PROCESSING ORGANIC MATERIALS THAT ARE SEPARATED 5
FROM PACKAGIN G PRIOR TO COLLECTIO N; 6
(II) NOT USING DEPACKAGERS ; AND 7
(III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 8
TESTING ASSURANCE; 9
(5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY 10
AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE; 11
(6) THAT MINIMIZE NEGATIVE IM PACTS TO THE LOCAL C OMMUNITY; 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 INCLUSIVE A ND PROVIDE A LIVING WAGE. 19
(H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 20
PROGRAM MAY NOT RECEI VE A GRANT UNDER THE WASTED FOOD REDUCTION AND 21
DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THE ENVIRONMENT ARTICLE 22
IN THE SAME CALENDAR YEAR . 23
(I) ON OR BEFORE DECEMBER 31, 2027, AND EACH DECEMBER 31 24
THEREAFTER , THE DEPARTMENT SHALL REPO RT 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 42
(3) THE IMPACT ON FOOD WA STE PREVENTED , RESCUED, AND 1
DIVERTED FROM DISPOS AL; AND 2
(4) THE IMPACT ON FARMERS , URBAN FARMERS , AND URBAN 3
AGRICULTURAL PRODUCE RS IN THE STATE. 4
2–401. 5
(a) (1) In this section the following words have the meanings indicated. 6
(3) “Urban farmer” means an individual who farms in an urban area. 7
2–2001. 8
(a) In this subtitle the following words have the meanings indicated. 9
(f) “Urban agricultural producer” means any person that annually sells, or 10
normally would have sold, $1,000 or more of farm products in an urban area. 11
(g) “Urban area” means an area of the State that is: 12
(1) Delineated as an urban area by the U.S. Census Bureau; or 13
(2) Within the boundaries of a municipal corporation. 14
Article – Environment 15
1–701. 16
(a) (1) In this section the following words have the meanings indicated. 17
(7) “Overburdened community” means any census tract for which three or 18
more of the following environmental health indicators are above the 75th percentile 19
statewide: 20
(i) Particulate matter (PM) 2.5; 21
(ii) Ozone; 22
(iii) National Air Toxics Assessment (NATA) diesel PM; 23
(iv) NATA cancer risk; 24
(v) NATA respiratory hazard index; 25
(vi) Traffic proximity; 26
HOUSE BILL 42 7
(vii) Lead paint indicator; 1
(viii) National Priorities List Superfund site proximity; 2
(ix) Risk Management Plan facility proximity; 3
(x) Hazardous waste proximity; 4
(xi) Wastewater discharge indicator; 5
(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 6
(xiii) Percent of the population lacking broadband coverage; 7
(xiv) Asthma emergency room discharges; 8
(xv) Myocardial infarction discharges; 9
(xvi) Low–birth–weight infants; 10
(xvii) Proximity to emitting power plants; 11
(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 12
(xix) Proximity to a brownfields site; 13
(xx) Proximity to mining operations; and 14
(xxi) Proximity to a hazardous waste landfill. 15
(8) “Underserved community” means any census tract in which, according 16
to the most recent U.S. Census Bureau Survey: 17
(i) At least 25% of the residents qualify as low–income; 18
(ii) At least 50% of the residents identify as nonwhite; or 19
(iii) At least 15% of the residents have limited English proficiency. 20
9–201. 21
(a) In this subtitle the following words have the meanings indicated. 22
(e) “Refuse disposal system” includes: 23
(1) An incinerator; 24
8 HOUSE BILL 42
(2) A transfer station; 1
(3) A landfill system; 2
(4) A landfill; 3
(5) A solid waste processing facility; and 4
(6) Any other solid waste acceptance facility. 5
9–1725.1. 6
(A) IN THIS SECTION , “REFUSE DISPOSAL SYST EM” HAS THE MEANING 7
STATED IN § 9–201 OF THIS TITLE. 8
(B) (1) BEGINNING JULY 1, 2026, THERE IS A SOLID WASTE DIS POSAL 9
SURCHARGE ON THE FIN AL DISPOSAL OF SOLID WA STE IN REFUSE DISPOS AL 10
SYSTEMS IN THE STATE. 11
(2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE SOLID 12
WASTE DISPOSAL SURCH ARGE IS $2 PER TON OF SOLID WA STE PROCESSED BY A 13
REFUSE DISPOSAL SYST EM FOR FINAL DISPOSA L. 14
(3) ON OR BEFORE JULY 1, 2028, AND EVERY 2 YEARS THEREAFTER , 15
THE DEPARTMENT SHALL : 16
(I) ADJUST THE SOLID WAST E DISPOSAL SURCHARGE IN 17
ACCORDANCE WITH THE CONSUMER PRICE INDEX FOR THE MID–ATLANTIC 18
DIVISION; AND 19
(II) EVALUATE THE SOLID WA STE DISPOSAL SURCHAR GE TO 20
DETERMINE IF ADDITIO NAL ADJUSTMENTS TO T HE SURCHARGE ARE REQ UIRED. 21
(4) IF THE SURCHARGE HAS BEEN ASSESSED ON AN ELIGIBLE OWNER 22
OR OPERATOR OF A TRA NSFER STATION , THE SOLID WAST E DISPOSAL SURCHARGE 23
MAY NOT BE ASSESSED ON AN OWNER OR OPERA TOR OF A REFUSE DISP OSAL SYSTEM 24
THAT RECEIVES THE SO LID WASTE FOR FINAL DISPOSAL. 25
(5) AN OWNER OR OPERATOR OF A REFUSE DISPOSAL SYSTEM SHALL 26
COLLECT THE SURCHARG E REQUIRED UNDER THI S SECTION BY INCLUDING THE 27
SURCHARGE AMOUNT DUE AS A SEPARATE LINE I TEM ON EVERY CUSTOME R BILL 28
PRESENTED TO A SOLID WASTE COLLECTOR OR G ENERATOR. 29
(6) A SOLID WASTE HAULER O R COLLECTOR MAY COLL ECT RATES, 30
FEES, OR SURCHARGES FROM S OLID WASTE GENERATOR S SERVICED BY THE SOLID 31 HOUSE BILL 42 9
WASTE HAULER OR COLL ECTOR IN AN AMOUNT S UFFICIENT TO RECOVER THE 1
SURCHARGE COLLECTED BY THE OWNER OR OPER ATOR OF A REFUSE DIS POSAL 2
SYSTEM. 3
(C) (1) THE COMPTROLLER SHALL COLLECT THE SU RCHARGE ASSESSED 4
UNDER THIS SECTION A ND DEPOSIT THE SURCH ARGE INTO THE WASTED FOOD 5
REDUCTION AND DIVERSION FUND UNDER § 9–1725.2 OF THIS SUBTITLE. 6
(2) (I) ON OR BEFORE JANUARY 1, 2027, AND EVERY QUARTER 7
THEREAFTER , THE OWNER OR OPERATO R OF A REFUSE DISPOSAL SYST EM IN THE 8
STATE SHALL SUBMIT , UNDER OATH , THE SUM OF SURCHARGES COLLECTED IN THE 9
IMMEDIATELY PRECEDIN G QUARTER TO THE COMPTROLLER . 10
(II) IN ADDITION TO THE SU RCHARGES SUBMITTED T O THE 11
COMPTROLLER UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE OWNER OR 12
OPERATOR OF A REFUSE DISPOSAL SYSTEM SHAL L SUBMIT, AS APPLICABLE , AN 13
ACCOUNTING OF THE NU MBER OF TONS OF SOLI D WASTE ACCEPTED FOR DISPOSAL, 14
TRANSFER, OR COLLECTION DURING THE REPORTING PERIOD . 15
9–1725.2. 16
(A) IN THIS SECTION, “FUND” MEANS THE WASTED FOOD REDUCTION AND 17
DIVERSION FUND. 18
(B) THERE IS A WASTED FOOD REDUCTION AND DIVERSION FUND. 19
(C) THE PURPOSE OF THE FUND IS TO FUND ELIGI BLE PROJECTS UNDER 20
THE ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT PROGRAM 21
ESTABLISHED UNDER § 2–109 OF THE AGRICULTURE ARTICLE, THE WASTED FOOD 22
REDUCTION AND DIVERSION GRANT PROGRAM ESTABLISHED U NDER § 23
9–1725.3 OF THIS SUBTITLE , AND THE COUNTY WASTED FOOD REDUCTION BLOCK 24
GRANT PROGRAM ESTABLISHED U NDER § 9–1725.4 OF THIS SUBTITLE. 25
(D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 26
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 27
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 28
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 29
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 30
(F) THE FUND CONSISTS OF : 31
10 HOUSE BILL 42
(1) REVENUE DISTRIBUTED T O THE FUND UNDER § 9–1725.1 OF THIS 1
SUBTITLE; 2
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 3
(3) INTEREST EARNINGS ; AND 4
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 5
THE BENEFIT OF THE FUND. 6
(G) (1) (I) NOT MORE THAN 25% OF THE FUND MAY BE USED FOR 7
ADMINISTRATIVE EXPEN SES JOINTLY BY THE DEPARTMENT AND THE DEPARTMENT 8
OF AGRICULTURE EACH FISC AL YEAR. 9
(II) NOT MORE THAN 0.5% OF THE FUND MAY BE USED FOR 10
ADMINISTRATIVE EXPEN SES BY THE COMPTROLLER EACH FISC AL YEAR. 11
(2) BEGINNING JULY 1, 2027, AND EACH JULY 1 THEREAFTER , THE 12
COMPTROLLER SHALL TRA NSFER THE REMAINING MONEY FROM THE FUND AFTER 13
ADMINISTRATIVE EXPEN SES UNDER PARAGRAPH (1) OF THIS SUBSECTION A S 14
FOLLOWS: 15
(I) 25% TO THE WASTED FOOD REDUCTION AND DIVERSION 16
GRANT PROGRAM UNDER § 9–1725.3 OF THIS SUBTITLE; 17
(II) 25% TO THE ON–FARM ORGANICS DIVERSION AND 18
RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE AGRICULTURE ARTICLE; 19
AND 20
(III) 50% TO THE COUNTY WASTED FOOD REDUCTION BLOCK 21
GRANT PROGRAM UNDER § 9–1725.4 OF THIS SUBTITLE. 22
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 23
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 24
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 25
THE FUND. 26
(I) EXPENDITURES FROM THE FUND MAY BE MADE ON LY IN ACCORDANCE 27
WITH THE STATE BUDGET . 28
(J) MONEY EXPENDED FROM T HE FUND FOR THE WASTED FOOD 29
REDUCTION AND DIVERSION GRANT PROGRAM, THE ON–FARM ORGANICS 30
DIVERSION AND RECYCLING GRANT PROGRAM, AND THE COUNTY WASTED FOOD 31 HOUSE BILL 42 11
REDUCTION BLOCK GRANT PROGRAM IS SUPPLEMENTAL TO A ND IS NOT INTENDED 1
TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR 2
THOSE PROGRAMS . 3
9–1725.3. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “GRANT PROGRAM” MEANS THE WASTED FOOD REDUCTION AND 7
DIVERSION GRANT PROGRAM. 8
(3) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 9
1–701 OF THIS ARTICLE. 10
(4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 11
1–701 OF THIS ARTICLE. 12
(5) “URBAN AGRICULTURAL PR ODUCER” HAS THE MEANING STAT ED 13
IN § 2–2001 OF THE AGRICULTURE ARTICLE. 14
(6) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THE 15
AGRICULTURE ARTICLE. 16
(B) BEGINNING JULY 1, 2027, THERE IS A WASTED FOOD REDUCTION AND 17
DIVERSION GRANT PROGRAM IN THE DEPARTMENT . 18
(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 19
ANNUALLY FOR INFRAST RUCTURE, PROGRAMS, AND EDUCATION THAT R EDUCE, 20
RESCUE, AND DIVERT WASTED FO OD IN THE STATE. 21
(D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF 22
AGRICULTURE , SHALL ADMINISTER THE GRANT PROGRAM. 23
(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 24
GRANT PROGRAM: 25
(1) A UNIT OF STATE OR LOCAL GOVERN MENT; 26
(2) A LOCAL EDUCATION AGEN CY; 27
(3) AN INSTITUTION OF HIG HER EDUCATION AS DEFINED IN § 10–101 28
OF THE EDUCATION ARTICLE; 29
12 HOUSE BILL 42
(4) A NONPROFIT ORGANIZATI ON; 1
(5) A FARMER, AN URBAN FARMER, OR AN URBAN AGRICULTURAL 2
PRODUCER; 3
(6) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH THE 4
STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 5
(7) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 6
(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E GRANT PROGRAM IF 7
THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 8
PROGRAMS, EDUCATION, OR TECHNICAL ASSISTA NCE IN THE STATE THAT: 9
(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 10
(2) RESCUES EDIBLE FOOD F OR PURPOSES OF REDIS TRIBUTION; 11
(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 12
REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 13
THE DEPARTMENT OF AGRICULTURE ; 14
(4) COMPOSTS OR RECYCLES FOOD RESIDUALS THAT ARE 15
SEPARATED FROM PACKA GING PRIOR TO COLLEC TION, INCLUDING 16
AT–HOME, COMMUNITY , AND ON–FARM COMPOSTING ; OR 17
(5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 18
DURABLE AND REUSABLE FOOD SERVICEWARE . 19
(G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 20
DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE , 21
SHALL PRIORITIZE PRO JECTS: 22
(1) FOR WHICH THE AP PLICANT CLEARLY DESC RIBES HOW THE 23
PROJECT WILL: 24
(I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 25
TO THE COMMUNITY ; AND 26
(II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 27
(2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 28
LOCAL COMMUNITY ; 29
HOUSE BILL 42 13
(3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 1
CLASSIFICATION OF “GENERAL USE ” UNDER COMAR 15.18.04.05; 2
(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINAT ED COMPOST 3
THROUGH: 4
(I) PROCESSING ORGANIC MATERIALS THAT ARE SEPARATED 5
FROM PACKAGING PRIOR TO COLLECTION ; 6
(II) NOT USING DEPACKAGERS ; AND 7
(III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 8
TESTING ASSURANCE; 9
(5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY ; 10
(6) THAT MINIMIZE NEGATIV E IMPACTS TO THE LOC AL COMMUNITY ; 11
AND 12
(7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 13
INCLUDING: 14
(I) THE CREATION OF JOBS ; 15
(II) INCREASING JOB TRAINI NG; AND 16
(III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 17
PRACTICES THAT ARE INCLUSIV E AND PROVIDE A LIVI NG WAGE. 18
(H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 19
PROGRAM MAY NOT RECEI VE A GRANT UNDER THE ON–FARM ORGANICS 20
DIVERSION AND RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE 21
AGRICULTURE ARTICLE IN THE SAME CALENDAR YEAR . 22
(I) (1) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT 23
OF AGRICULTURE , SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION. 24
(2) REGULATIONS ADOPTED U NDER THIS SUBSECTION SHALL 25
INCLUDE: 26
(I) A SIMPLE COMMON APPLIC ATION PROCED URE; AND 27
14 HOUSE BILL 42
(II) FOR ELIGIBLE ENTITIES , A PROCESS TO FACILIT ATE THE 1
PARTICIPATION OF ELI GIBLE ENTITIES THAT HAVE LIMITED RESOURC ES OR 2
LANGUAGE BARRIERS . 3
(J) ON OR BEFORE DECEMBER 31, 2027, AND EACH DECEMBER 31 4
THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 5
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 6
(1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 7
(2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 8
OTHER BENEFITS TO TH E STATE; 9
(3) THE IMPACT ON WASTE PREVENTED , RESCUED, AND DIVERTED 10
FROM DISPOSAL ; AND 11
(4) THE IMPACT ON FARMERS , URBAN FARMERS , AND URBAN 12
AGRICULTURAL PRODUCE RS IN THE STATE. 13
9–1725.4. 14
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “GRANT PROGRAM” MEANS THE COUNTY WASTED FOOD 17
REDUCTION BLOCK GRANT PROGRAM. 18
(3) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 19
1–701 OF THIS ARTICLE. 20
(4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 21
1–701 OF THIS ARTICLE. 22
(5) “URBAN AGRICULTURAL PR ODUCER” HAS THE MEANING STAT ED 23
IN § 2–2001 OF THE AGRICULTURE ARTICLE. 24
(6) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THE 25
AGRICULTURE ARTICLE. 26
(B) BEGINNING JULY 1, 2027, THERE IS A COUNTY WASTED FOOD 27
REDUCTION BLOCK GRANT PROGRAM IN THE DEPARTMENT . 28
HOUSE BILL 42 15
(C) (1) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS TO 1
COUNTIES ANNUALLY IN AMOUNTS PROPORTIO NAL TO EACH COUNTY’S 2
POPULATION . 3
(2) FUNDS RECEIVED BY A COUNTY UNDER THIS SUBSECTIO N SHALL 4
FUND PROJECTS TO DEVELOP , MAINTAIN, OR EXPAND INFRASTRUCTURE , 5
PROGRAMS, AND EDUCATION THAT R EDUCE, RESCUE, AND DIVERT WASTED FO OD IN 6
THE COUNTY. 7
(D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF 8
AGRICULTURE , SHALL ADMINISTER THE GRANT PROGRAM. 9
(E) IN FUNDING PROJECTS UNDER THE GRANT PROGRAM, A COUNTY SHALL 10
PRIORITIZE PROJECTS THAT: 11
(1) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS TO THE 12
COMMUNITY ; 13
(2) ADDRESS IMPORTANT COM MUNITY NEEDS ; 14
(3) PREVENT, RESCUE, AND DIVERT WASTED FO OD WITHIN A LOCAL 15
COMMUNITY ; 16
(4) PLAN TO PRODUCE COMPOST THAT MEETS THE CLASSIFICA TION 17
OF “GENERAL USE ” UNDER COMAR 15.18.04.05; 18
(5) PLAN TO PRODUCE MINIM ALLY CONTAMINATED CO MPOST 19
THROUGH: 20
(I) PROCESSING ORGANIC MA TERIALS THAT ARE SEP ARATED 21
FROM PACKAGING PRIOR TO COLLECTION ; 22
(II) NOT USING DEPACKAGERS ; AND 23
(III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 24
TESTING ASSURANCE; 25
(6) SERVE AN OVERBURDENED OR UNDERSERVED COMMU NITY; 26
(7) MINIMIZE NEGATIVE IMP ACTS TO THE LOCAL CO MMUNITY; AND 27
(8) MAXIMIZE BENEFITS TO THE LOCAL COMMUNITY , INCLUDING: 28
16 HOUSE BILL 42
(I) THE CREATION OF JOBS ; 1
(II) INCREASING JOB TRAINI NG; AND 2
(III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 3
PRACTICES THAT ARE I NCLUSIVE AND PROVIDE A LIVING WAGE. 4
Article – State Finance and Procurement 5
6–226. 6
(a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 7
through 2028. 8
2. Notwithstanding any other provision of law, and unless 9
inconsistent with a federal law, grant agreement, or other federal requirement or with the 10
terms of a gift or settlement agreement, net interest on all State money allocated by the 11
State Treasurer under this section to special funds or accounts, and otherwise entitled to 12
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 13
Fund of the State. 14
(ii) The provisions of subparagraph (i) of this paragraph do not apply 15
to the following funds: 16
204. the Victims of Domestic Violence Program Grant Fund; 17
[and] 18
205. the Proposed Programs Collaborative Grant Fund; AND 19
206. THE WASTED FOOD REDUCTION AND DIVERSION 20
FUND. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2025. 23