Maryland 2025 Regular Session

Maryland House Bill HB42 Compare Versions

OldNewDifferences
11
22
33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
44 [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.
85 *hb0042*
96
107 HOUSE BILL 42
118 M3, M4 5lr1619
129 (PRE–FILED) CF SB 134
13-By: Delegate Boyce Delegates Boyce, Healey, Lehman, R. Lewis, Ruth, and Stein
10+By: Delegate Boyce
1411 Requested: November 1, 2024
1512 Introduced and read first time: January 8, 2025
1613 Assigned to: Environment and Transportation
17-Committee Report: Favorable with amendments
18-House action: Adopted
19-Read second time: March 6, 2025
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
25-Solid Waste Disposal Surcharge On–Farm Organics and Wasted Food Reduction 2
26-and Diversion Fund and Grant Programs – Established 3
19+Solid Waste Disposal Surcharge and Wasted Food Reduction and Diversion 2
20+Fund and Grant Programs – Established 3
2721
2822 FOR the purpose of establishing the On–Farm Organics Diversion and Recycling Grant 4
2923 Program in the Department of Agriculture to award grants to eligible entities to 5
3024 develop and implement on–farm organics recycling and compost use, wasted food 6
3125 prevention, and food rescue; establishing a solid waste disposal surcharge on the 7
3226 final disposal of solid waste in the State; requiring, beginning on a certain date and 8
3327 each quarter thereafter, the owner or operator of a refuse disposal system to submit 9
3428 a certain solid waste disposal surcharge to the Comptroller in a certain manner; 10
3529 requiring the Comptroller to deposit certain surcharges into a certain fund; 11
3630 establishing the Wasted Food Reduction and Diversion Fund as a special, nonlapsing 12
3731 fund and requiring interest earnings of the Fund to be credited to the Fund; 13
3832 establishing the Wasted Food Reduction and Diversion Grant Program and the 14
3933 County Wasted Food Reduction Block Grant Program in the Department of the 15
4034 Environment to award grants and fund certain projects for infrastructure, programs, 16
4135 and education that reduce, rescue, and divert wasted food in the State and certain 17
42-counties; authorizing the Governor to transfer a certain amount from the Maryland 18
43-Strategic Energy Investment Fund to certain programs in certain fiscal years; and 19
44-generally relating to wasted food reduction and diversion in the State. 20
36+counties; and generally relating to wasted food reduction and diversion in the State. 18
4537
46-BY adding to 21
47- Article – Agriculture 22
48-Section 2–109 23 2 HOUSE BILL 42
38+BY adding to 19
39+ Article – Agriculture 20
40+Section 2–109 21
41+ Annotated Code of Maryland 22
42+ (2016 Replacement Volume and 2024 Supplement) 23
4943
50-
51- Annotated Code of Maryland 1
52- (2016 Replacement Volume and 2024 Supplement) 2
53-
54-BY repealing and reenacting, without amendments, 3
55- Article – Agriculture 4
56-Section 2–401(a)(1) and (3) and 2–2001(a), (f), and (g) 5
57- Annotated Code of Maryland 6
58- (2016 Replacement Volume and 2024 Supplement) 7
59-
60-BY repealing and reenacting, without amendments, 8
61- Article – Environment 9
62-Section 1–701(a)(1), (7), and (8) 10
63- Annotated Code of Maryland 11
64- (2013 Replacement Volume and 2024 Supplement) 12
65-
66-BY repealing and reenacting, without amendments, 13
67- Article – Environment 14
68-Section 9–201(a) and (e) 15
69- Annotated Code of Maryland 16
70- (2014 Replacement Volume and 2024 Supplement) 17
71-
72-BY adding to 18
73- Article – Environment 19
74-Section 9–1725.1, and 9–1725.2, 9–1725.3, and 9–1725.4 20
75- Annotated Code of Maryland 21
76- (2014 Replacement Volume and 2024 Supplement) 22
77-
78-BY repealing and reenacting, without amendments, 23
79- Article – State Finance and Procurement 24
80-Section 6–226(a)(2)(i) 25
81- Annotated Code of Maryland 26
82- (2021 Replacement Volume and 2024 Supplement) 27
83-
84-BY repealing and reenacting, with amendments, 28
85- Article – State Finance and Procurement 29
86-Section 6–226(a)(2)(ii)204. and 205. 30
87- Annotated Code of Maryland 31
88- (2021 Replacement Volume and 2024 Supplement) 32
89-
90-BY adding to 33
91- Article – State Finance and Procurement 34
92-Section 6–226(a)(2)(ii)206. 35
93- Annotated Code of Maryland 36
94- (2021 Replacement Volume and 2024 Supplement) 37
95-
96- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 38
97-That the Laws of Maryland read as follows: 39 HOUSE BILL 42 3
44+BY repealing and reenacting, without amendments, 24
45+ Article – Agriculture 25
46+Section 2–401(a)(1) and (3) and 2–2001(a), (f), and (g) 26
47+ Annotated Code of Maryland 27
48+ (2016 Replacement Volume and 2024 Supplement) 28 2 HOUSE BILL 42
9849
9950
10051
101-Article – Agriculture 1
52+BY repealing and reenacting, without amendments, 1
53+ Article – Environment 2
54+Section 1–701(a)(1), (7), and (8) 3
55+ Annotated Code of Maryland 4
56+ (2013 Replacement Volume and 2024 Supplement) 5
10257
103-2–109. 2
58+BY repealing and reenacting, without amendments, 6
59+ Article – Environment 7
60+Section 9–201(a) and (e) 8
61+ Annotated Code of Maryland 9
62+ (2014 Replacement Volume and 2024 Supplement) 10
10463
105- (A) (1) IN THIS SECTION THE F OLLOWING WORD S HAVE THE MEANINGS 3
106-INDICATED. 4
64+BY adding to 11
65+ Article – Environment 12
66+Section 9–1725.1, 9–1725.2, 9–1725.3, and 9–1725.4 13
67+ Annotated Code of Maryland 14
68+ (2014 Replacement Volume and 2024 Supplement) 15
10769
108- (2) “GRANT PROGRAM” MEANS THE ON–FARM ORGANICS 5
109-DIVERSION AND RECYCLING GRANT PROGRAM. 6
70+BY repealing and reenacting, without amendments, 16
71+ Article – State Finance and Procurement 17
72+Section 6–226(a)(2)(i) 18
73+ Annotated Code of Maryland 19
74+ (2021 Replacement Volume and 2024 Supplement) 20
11075
111- (3) “URBAN AGRICULTURAL PR ODUCER” HAS THE MEANING STAT ED 7
112-IN § 2–2001 OF THIS TITLE. 8
76+BY repealing and reenacting, with amendments, 21
77+ Article – State Finance and Procurement 22
78+Section 6–226(a)(2)(ii)204. and 205. 23
79+ Annotated Code of Maryland 24
80+ (2021 Replacement Volume and 2024 Supplement) 25
11381
114- (4) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THIS 9
115-TITLE. 10
82+BY adding to 26
83+ Article – State Finance and Procurement 27
84+Section 6–226(a)(2)(ii)206. 28
85+ Annotated Code of Maryland 29
86+ (2021 Replacement Volume and 2024 Supplement) 30
11687
117- (B) THERE BEGINNING JULY 1, 2027, THERE IS AN ON–FARM ORGANICS 11
118-DIVERSION AND RECYCLING GRANT PROGRAM IN THE DEPARTMENT . 12
88+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
89+That the Laws of Maryland read as follows: 32
11990
120- (C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 13
121-ANNUALLY FOR DEVELOPING AND I MPLEMENTING ON –FARM ORGANICS RECYCL ING 14
122-AND COMPOST USE , WASTED FOOD PREVENTI ON, AND FOOD RESCUE . 15
91+Article – Agriculture 33
12392
124- (D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE 16
125-ENVIRONMENT , SHALL ADMINISTER THE GRANT PROGRAM. 17
93+2–109. 34
12694
127- (E) THE FOLLOWING PERSO NS ARE ELIGIBLE FOR A GRANT UNDER THE 18
128-GRANT PROGRAM: 19
95+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 35
96+INDICATED. 36
97+ HOUSE BILL 42 3
12998
130- (1) A FARMER, AN URBAN FARMER , OR AN URBAN AGRICULT URAL 20
131-PRODUCER; 21
13299
133- (2) A SOIL CONSERVATION DI STRICT; 22
100+ (2) “GRANT PROGRAM” MEANS THE ON–FARM ORGANICS 1
101+DIVERSION AND RECYCLING GRANT PROGRAM. 2
134102
135- (3) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 10–101 23
136-OF THE EDUCATION ARTICLE; 24
103+ (3) “URBAN AGRICULTURAL PRODUCE R” HAS THE MEANING STAT ED 3
104+IN § 2–2001 OF THIS TITLE. 4
137105
138- (4) A NONPROFIT ORGANIZATI ON; 25
106+ (4) “URBAN FARMER” HAS THE MEANING STAT ED IN § 2–401 OF THIS 5
107+TITLE. 6
139108
140- (5) A BUSINESS IN THE STATE THAT IS IN: 26
109+ (B) THERE IS AN ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT 7
110+PROGRAM IN THE DEPARTMENT . 8
141111
142- (I) GOOD STANDING WITH TH E STATE DEPARTMENT OF 27
143-ASSESSMENTS AND TAXATION; AND 28
112+ (C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 9
113+ANNUALLY FOR DEVELOP ING AND IMPLEMENTING ON–FARM ORGANICS RECYCLING 10
114+AND COMPOST USE , WASTED FOOD PREVENTI ON, AND FOOD RESCUE . 11
115+
116+ (D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE 12
117+ENVIRONMENT , SHALL ADMINISTER THE GRANT PROGRAM. 13
118+
119+ (E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 14
120+GRANT PROGRAM: 15
121+
122+ (1) A FARMER, AN URBAN FARMER , OR AN URBAN AGRICULTURAL 16
123+PRODUCER; 17
124+
125+ (2) A SOIL CONSERVATION DI STRICT; 18
126+
127+ (3) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 10–101 19
128+OF THE EDUCATION ARTICLE; 20
129+
130+ (4) A NONPROFIT ORGANIZATI ON; 21
131+
132+ (5) A BUSINESS IN THE STATE THAT IS IN: 22
133+
134+ (I) GOOD STANDING WITH THE STATE DEPARTMENT OF 23
135+ASSESSMENTS AND TAXATION; AND 24
136+
137+ (II) PARTNERSHIP WITH A FA RMER, AN URBAN FARMER , OR AN 25
138+URBAN AGRICULTURAL P RODUCER; AND 26
139+
140+ (6) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 27
144141 4 HOUSE BILL 42
145142
146143
147- (II) PARTNERSHIP WITH A FA RMER, AN URBAN FARMER , OR AN 1
148-URBAN AGRICULTURAL P RODUCER; AND 2
144+ (F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E 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
149147
150- (6) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 3
148+ (1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 4
151149
152- (F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E GRANT PROGRAM IF 4
153-THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 5
154-PROGRAMS, EDUCATION, OR TECHNICAL ASSISTA NCE IN THE STATE THAT: 6
150+ (2) RESCUES EDIBLE FOOD F OR PURPOSES OF REDIS TRIBUTION; 5
155151
156- (1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 7
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
157155
158- (2) RESCUES EDIBLE FOOD F OR PURPOSES OF REDIS TRIBUTION; 8
156+ (4) COMPOSTS OR RECYCLES FOOD RESIDUALS THAT ARE 9
157+SEPARATED FROM PACKA GING PRIOR TO COLLEC TION, INCLUDING AT –HOME, 10
158+COMMUNITY , AND ON–FARM COMPOSTING ; 11
159159
160- (3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 9
161-REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 10
162-THE DEPARTMENT ; 11
160+ (5) PROVIDES LABOR AND WA GES IN SUPPORT OF WA STED FOOD 12
161+PREVENTION , FOOD RESCUE , AND ON–FARM ORGANICS REC YCLING AND COMPOST 13
162+USE; 14
163163
164- (4) COMPOSTS OR RECYCLES FOOD RESIDUALS THAT ARE 12
165-SEPARATED FROM PACKA GING PRIOR TO COLLEC TION, INCLUDING AT –HOME, 13
166-COMMUNITY , AND ON–FARM COMPOSTING ; 14
164+ (6) PROVIDES BEST MANAGEM ENT PRACTICE TRAININ G IN 15
165+RELEVANT FIELDS BY A REPUTABLE TRAINING P ROGRAM; 16
167166
168- (5) PROVIDES LABOR AND WA GES IN SUPPORT OF WA STED FOOD 15
169-PREVENTION , FOOD RESCUE , AND ON–FARM ORGANICS REC YCLING AND COMPOST 16
170-USE; 17
167+ (7) STUDIES THE IMPACTS O F COMPOST APPLICATIO N ON ON–FARM 17
168+NUTRIENT AND WATER Q UALITY MANAGEMENT ; OR 18
171169
172- (6) PROVIDES BEST MANAGEM ENT PRACTICE TRAININ G IN 18
173-RELEVANT FIELDS BY A REPUTABLE TRAINING P ROGRAM; 19
170+ (8) ASSISTS IN THE PAYME NT OF APPLICABLE PER MIT APPLICATION 19
171+COSTS. 20
174172
175- (7) STUDIES THE IMPACTS O F COMPOST APPLICATIO N ON ON–FARM 20
176-NUTRIENT AND WATER Q UALITY MANAGEMENT ; OR 21
173+ (G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 21
174+DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE ENVIRONMENT , 22
175+SHALL PRIORITIZE PRO JECTS: 23
177176
178- (8) ASSISTS IN THE PAYME NT OF APPLICABLE PER MIT APPLICATION 22
179-COSTS. 23
177+ (1) FOR WHICH THE APPLICA NT CLEARLY DESCRIBES HOW THE 24
178+PROJECT WILL: 25
180179
181- (G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 24
182-DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF THE ENVIRONMENT , 25
183-SHALL PRIORITIZE PRO JECTS: 26
180+ (I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 26
181+TO THE COMMUNITY ; AND 27
184182
185- (1) FOR WHICH THE APPLICA NT CLEARLY DESCRIBES HOW THE 27
186-PROJECT WILL: 28
183+ (II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 28
187184
188- (I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 29
189-TO THE COMMUNITY ; AND 30
185+ (2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 29
186+LOCAL COMMUNITY ; 30
190187 HOUSE BILL 42 5
191188
192189
193- (II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 1
190+ (3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 1
191+CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05; 2
194192
195- (2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 2
196-LOCAL COMMUNITY ; 3
193+ (4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINAT ED COMPOST 3
194+THROUGH: 4
197195
198- (3) THAT PLAN TO PRODUCE COMPOST THAT MEETS THE 4
199-CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05; 5
196+ (I) PROCESSING ORGANIC MATERIALS THAT ARE SEPARATED 5
197+FROM PACKAGIN G PRIOR TO COLLECTIO N; 6
200198
201- (4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINAT ED COMPOST 6
202-THROUGH: 7
199+ (II) NOT USING DEPACKAGERS ; AND 7
203200
204- (I) PROCESSING ORGANIC MA TERIALS THAT ARE SEP ARATED 8
205-FROM PACKAGING PRIOR TO COLLECTION ; 9
201+ (III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 8
202+TESTING ASSURANCE; 9
206203
207- (II) NOT USING DEPACKAGERS ; AND 10
204+ (5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY 10
205+AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE; 11
208206
209- (III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 11
210-TESTING ASSURANCE; 12
207+ (6) THAT MINIMIZE NEGATIVE IM PACTS TO THE LOCAL C OMMUNITY; 12
208+AND 13
211209
212- (5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY 13
213-AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE; 14
210+ (7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 14
211+INCLUDING: 15
214212
215- (6) THAT MINIMIZE NEGATIV E IMPACTS TO THE LOC AL COMMUNITY ; 15
216-AND 16
213+ (I) THE CREATION OF JOBS ; 16
217214
218- (7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 17
219-INCLUDING: 18
215+ (II) INCREASING JOB TRAINI NG; AND 17
220216
221- (I) THE CREATION OF JOBS ; 19
217+ (III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 18
218+PRACTICES THAT ARE INCLUSIVE A ND PROVIDE A LIVING WAGE. 19
222219
223- (II) INCREASING JOB TRAINI NG; AND 20
220+ (H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 20
221+PROGRAM MAY NOT RECEI VE A GRANT UNDER THE WASTED FOOD REDUCTION AND 21
222+DIVERSION GRANT PROGRAM UNDER § 9–1725.3 OF THE ENVIRONMENT ARTICLE 22
223+IN THE SAME CALENDAR YEAR . 23
224224
225- (III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 21
226-PRACTICES THAT ARE I NCLUSIVE AND PROVIDE A LIVING WAGE. 22
225+ (I) ON OR BEFORE DECEMBER 31, 2027, AND EACH DECEMBER 31 24
226+THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 25
227+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 26
227228
228- (H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 23
229-PROGRAM MAY NOT RECEI VE A GRANT UNDER THE WASTED FOOD REDUCTION AND 24
230-DIVERSION GRANT PROGRAM UNDER § 9–1725.3 9–1725.1 OF THE ENVIRONMENT 25
231-ARTICLE IN THE SAME C ALENDAR YEAR . 26
229+ (1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 27
232230
233- (I) ON OR BEFORE DECEMBER 31, 2027, AND EACH DECEMBER 31 27
234-THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 28
235-ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 29
231+ (2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 28
232+OTHER BENEFITS TO TH E STATE; 29
236233 6 HOUSE BILL 42
237234
238235
239- (1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 1
236+ (3) THE IMPACT ON FOOD WA STE PREVENTED , RESCUED, AND 1
237+DIVERTED FROM DISPOS AL; AND 2
240238
241- (2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 2
242-OTHER BENEFITS TO TH E STATE; 3
239+ (4) THE IMPACT ON FARMERS , URBAN FARMERS , AND URBAN 3
240+AGRICULTURAL PRODUCE RS IN THE STATE. 4
243241
244- (3) THE IMPACT ON FOOD WA STE PREVENTED , RESCUED, AND 4
245-DIVERTED FROM DISPOS AL; AND 5
242+2–401. 5
246243
247- (4) THE IMPACT ON FARMERS , URBAN FARMERS , AND URBAN 6
248-AGRICULTURAL PRODUCE RS IN THE STATE. 7
244+ (a) (1) In this section the following words have the meanings indicated. 6
249245
250-2–401. 8
246+ (3) “Urban farmer” means an individual who farms in an urban area. 7
251247
252- (a) (1) In this section the following words have the meanings indicated. 9
248+2–2001. 8
253249
254- (3) “Urban farmer” means an individual who farms in an urban area. 10
250+ (a) In this subtitle the following words have the meanings indicated. 9
255251
256-2–2001. 11
252+ (f) “Urban agricultural producer” means any person that annually sells, or 10
253+normally would have sold, $1,000 or more of farm products in an urban area. 11
257254
258- (a) In this subtitle the following words have the meanings indicated. 12
255+ (g) “Urban area” means an area of the State that is: 12
259256
260- (f) “Urban agricultural producer” means any person that annually sells, or 13
261-normally would have sold, $1,000 or more of farm products in an urban area. 14
257+ (1) Delineated as an urban area by the U.S. Census Bureau; or 13
262258
263- (g) “Urban area” means an area of the State that is: 15
259+ (2) Within the boundaries of a municipal corporation. 14
264260
265- (1) Delineated as an urban area by the U.S. Census Bureau; or 16
261+Article – Environment 15
266262
267- (2) Within the boundaries of a municipal corporation. 17
263+1–701. 16
268264
269-Article – Environment 18
265+ (a) (1) In this section the following words have the meanings indicated. 17
270266
271-1–701. 19
267+ (7) “Overburdened community” means any census tract for which three or 18
268+more of the following environmental health indicators are above the 75th percentile 19
269+statewide: 20
272270
273- (a) (1) In this section the following words have the meanings indicated. 20
271+ (i) Particulate matter (PM) 2.5; 21
274272
275- (7) “Overburdened community” means any census tract for which three or 21
276-more of the following environmental health indicators are above the 75th percentile 22
277-statewide: 23
273+ (ii) Ozone; 22
278274
279- (i) Particulate matter (PM) 2.5; 24
275+ (iii) National Air Toxics Assessment (NATA) diesel PM; 23
280276
281- (ii) Ozone; 25
277+ (iv) NATA cancer risk; 24
282278
283- (iii) National Air Toxics Assessment (NATA) diesel PM; 26
279+ (v) NATA respiratory hazard index; 25
280+
281+ (vi) Traffic proximity; 26
284282 HOUSE BILL 42 7
285283
286284
287- (iv) NATA cancer risk; 1
285+ (vii) Lead paint indicator; 1
288286
289- (v) NATA respiratory hazard index; 2
287+ (viii) National Priorities List Superfund site proximity; 2
290288
291- (vi) Traffic proximity; 3
289+ (ix) Risk Management Plan facility proximity; 3
292290
293- (vii) Lead paint indicator; 4
291+ (x) Hazardous waste proximity; 4
294292
295- (viii) National Priorities List Superfund site proximity; 5
293+ (xi) Wastewater discharge indicator; 5
296294
297- (ix) Risk Management Plan facility proximity; 6
295+ (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 6
298296
299- (x) Hazardous waste proximity; 7
297+ (xiii) Percent of the population lacking broadband coverage; 7
300298
301- (xi) Wastewater discharge indicator; 8
299+ (xiv) Asthma emergency room discharges; 8
302300
303- (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 9
301+ (xv) Myocardial infarction discharges; 9
304302
305- (xiii) Percent of the population lacking broadband coverage; 10
303+ (xvi) Low–birth–weight infants; 10
306304
307- (xiv) Asthma emergency room discharges; 11
305+ (xvii) Proximity to emitting power plants; 11
308306
309- (xv) Myocardial infarction discharges; 12
307+ (xviii) Proximity to a Toxic Release Inventory (TRI) facility; 12
310308
311- (xvi) Low–birth–weight infants; 13
309+ (xix) Proximity to a brownfields site; 13
312310
313- (xvii) Proximity to emitting power plants; 14
311+ (xx) Proximity to mining operations; and 14
314312
315- (xviii) Proximity to a Toxic Release Inventory (TRI) facility; 15
313+ (xxi) Proximity to a hazardous waste landfill. 15
316314
317- (xix) Proximity to a brownfields site; 16
315+ (8) “Underserved community” means any census tract in which, according 16
316+to the most recent U.S. Census Bureau Survey: 17
318317
319- (xx) Proximity to mining operations; and 17
318+ (i) At least 25% of the residents qualify as low–income; 18
320319
321- (xxi) Proximity to a hazardous waste landfill. 18
320+ (ii) At least 50% of the residents identify as nonwhite; or 19
322321
323- (8) “Underserved community” means any census tract in which, according 19
324-to the most recent U.S. Census Bureau Survey: 20
322+ (iii) At least 15% of the residents have limited English proficiency. 20
325323
326- (i) At least 25% of the residents qualify as lowincome; 21
324+9201. 21
327325
328- (ii) At least 50% of the residents identify as nonwhite; or 22
326+ (a) In this subtitle the following words have the meanings indicated. 22
329327
330- (iii) At least 15% of the residents have limited English proficiency. 23
328+ (e) “Refuse disposal system” includes: 23
331329
332-9–201. 24
330+ (1) An incinerator; 24
333331 8 HOUSE BILL 42
334332
335333
336- (a) In this subtitle the following words have the meanings indicated. 1
334+ (2) A transfer station; 1
337335
338- (e) “Refuse disposal system” includes: 2
336+ (3) A landfill system; 2
339337
340- (1) An incinerator; 3
338+ (4) A landfill; 3
341339
342- (2) A transfer station; 4
340+ (5) A solid waste processing facility; and 4
343341
344- (3) A landfill system; 5
342+ (6) Any other solid waste acceptance facility. 5
345343
346- (4) A landfill; 6
344+9–1725.1. 6
347345
348- (5) A solid waste processing facility; and 7
346+ (A) IN THIS SECTION , “REFUSE DISPOSAL SYST EM” HAS THE MEANING 7
347+STATED IN § 9–201 OF THIS TITLE. 8
349348
350- (6) Any other solid waste acceptance facility. 8
349+ (B) (1) BEGINNING JULY 1, 2026, THERE IS A SOLID WASTE DIS POSAL 9
350+SURCHARGE ON THE FIN AL DISPOSAL OF SOLID WA STE IN REFUSE DISPOS AL 10
351+SYSTEMS IN THE STATE. 11
351352
352-9–1725.1. 9
353+ (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE SOLID 12
354+WASTE DISPOSAL SURCH ARGE IS $2 PER TON OF SOLID WA STE PROCESSED BY A 13
355+REFUSE DISPOSAL SYST EM FOR FINAL DISPOSA L. 14
353356
354- (A) IN THIS SECTION , “REFUSE DISPOSAL SYST EM” HAS THE MEANING 10
355-STATED IN § 9–201 OF THIS TITLE. 11
357+ (3) ON OR BEFORE JULY 1, 2028, AND EVERY 2 YEARS THEREAFTER , 15
358+THE DEPARTMENT SHALL : 16
356359
357- (B) (1) BEGINNING JULY 1, 2026, THERE IS A SOLID WAS TE DISPOSAL 12
358-SURCHARGE ON THE FIN AL DISPOSAL OF SOLID WA STE IN REFUSE DISPOS AL 13
359-SYSTEMS IN THE STATE. 14
360+ (I) ADJUST THE SOLID WAST E DISPOSAL SURCHARGE IN 17
361+ACCORDANCE WITH THE CONSUMER PRICE INDEX FOR THE MID–ATLANTIC 18
362+DIVISION; AND 19
360363
361- (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE SOLID 15
362-WASTE DISPOSAL SURCH ARGE IS $2 PER TON OF SOLID WAS TE PROCESSED B Y A 16
363-REFUSE DISPOSAL SYST EM FOR FINAL DISPOSA L. 17
364+ (II) EVALUATE THE SOLID WA STE DISPOSAL SURCHAR GE TO 20
365+DETERMINE IF ADDITIO NAL ADJUSTMENTS TO T HE SURCHARGE ARE REQ UIRED. 21
364366
365- (3) ON OR BEFORE JULY 1, 2028, AND EVERY 2 YEARS THEREAFTER , 18
366-THE DEPARTMENT SHALL : 19
367+ (4) IF THE SURCHARGE HAS BEEN ASSESSED ON AN ELIGIBLE OWNER 22
368+OR OPERATOR OF A TRA NSFER STATION , THE SOLID WAST E DISPOSAL SURCHARGE 23
369+MAY NOT BE ASSESSED ON AN OWNER OR OPERA TOR OF A REFUSE DISP OSAL SYSTEM 24
370+THAT RECEIVES THE SO LID WASTE FOR FINAL DISPOSAL. 25
367371
368- (I) ADJUST THE SOLID WAST E DISPOSAL SURCHARGE IN 20
369-ACCORDANCE WITH THE CONSUMER PRICE INDEX FOR THE MID–ATLANTIC 21
370-DIVISION; AND 22
372+ (5) AN OWNER OR OPERATOR OF A REFUSE DISPOSAL SYSTEM SHALL 26
373+COLLECT THE SURCHARG E REQUIRED UNDER THI S SECTION BY INCLUDING THE 27
374+SURCHARGE AMOUNT DUE AS A SEPARATE LINE I TEM ON EVERY CUSTOME R BILL 28
375+PRESENTED TO A SOLID WASTE COLLECTOR OR G ENERATOR. 29
371376
372- (II) EVALUATE THE SOLID WA STE DISPOSAL SURCHAR GE TO 23
373-DETERMINE IF ADDITIO NAL ADJUSTMENTS TO T HE SURCHARGE ARE REQ UIRED. 24
374-
375- (4) IF THE SURCHARGE HAS BEEN ASSESSED ON AN ELIGIBLE OWNER 25
376-OR OPERATOR OF A TRA NSFER STATION , THE SOLID WASTE DISP OSAL SURCHARGE 26
377-MAY NOT BE ASSESSED ON AN OWNER OR OPERA TOR OF A REFUSE DISP OSAL SYSTEM 27
378-THAT RECEIVES THE SO LID WASTE FOR FINAL DISPOSAL. 28
379- HOUSE BILL 42 9
377+ (6) A SOLID WASTE HAULER O R COLLECTOR MAY COLL ECT RATES, 30
378+FEES, OR SURCHARGES FROM S OLID WASTE GENERATOR S SERVICED BY THE SOLID 31 HOUSE BILL 42 9
380379
381380
382- (5) AN OWNER OR OPERATOR OF A REFUSE DISPOSAL SYSTEM SHALL 1
383-COLLECT THE SURCHARG E REQUIRED UNDER THI S SECTION BY INCLUDING THE 2
384-SURCHARGE AMOUNT DUE AS A SEPARATE LINE I TEM ON EVERY CUSTOME R BILL 3
385-PRESENTED TO A SOLID WASTE COLLECTOR OR G ENERATOR. 4
381+WASTE HAULER OR COLL ECTOR IN AN AMOUNT S UFFICIENT TO RECOVER THE 1
382+SURCHARGE COLLECTED BY THE OWNER OR OPER ATOR OF A REFUSE DIS POSAL 2
383+SYSTEM. 3
386384
387- (6) A SOLID WASTE HAULER O R COLLECTOR MAY COLL ECT RATES, 5
388-FEES, OR SURCHARGES FROM S OLID WASTE GENERATOR S SERVICED BY THE SOLID 6
389-WASTE HAULER OR COLL ECTOR IN AN AMOUNT S UFFICIENT TO RECOVER THE 7
390-SURCHARGE COLLECTED BY THE OWNER OR OPER ATOR OF A REFUSE DIS POSAL 8
391-SYSTEM. 9
385+ (C) (1) THE COMPTROLLER SHALL COLLECT THE SU RCHARGE ASSESSED 4
386+UNDER THIS SECTION A ND DEPOSIT THE SURCH ARGE INTO THE WASTED FOOD 5
387+REDUCTION AND DIVERSION FUND UNDER § 9–1725.2 OF THIS SUBTITLE. 6
392388
393- (C) (1) THE COMPTROLLER SHALL COL LECT THE SURCHARGE A SSESSED 10
394-UNDER THIS SECTION A ND DEPOSIT THE SURCH ARGE INTO THE WASTED FOOD 11
395-REDUCTION AND DIVERSION FUND UNDER § 9–1725.2 OF THIS SUBTITLE. 12
389+ (2) (I) ON OR BEFORE JANUARY 1, 2027, AND EVERY QUARTER 7
390+THEREAFTER , THE OWNER OR OPERATO R OF A REFUSE DISPOSAL SYST EM IN THE 8
391+STATE SHALL SUBMIT , UNDER OATH , THE SUM OF SURCHARGES COLLECTED IN THE 9
392+IMMEDIATELY PRECEDIN G QUARTER TO THE COMPTROLLER . 10
396393
397- (2) (I) ON OR BEFORE JANUARY 1, 2027, AND EVERY QUARTER 13
398-THEREAFTER , THE OWNER OR OPERATO R OF A REFUSE DISPOSAL SYST EM IN THE 14
399-STATE SHALL SUBMIT , UNDER OATH , THE SUM OF SURCHARGES COLLECTED IN THE 15
400-IMMEDIATELY PRECEDIN G QUARTER TO THE COMPTROLLER . 16
394+ (II) IN ADDITION TO THE SU RCHARGES SUBMITTED T O THE 11
395+COMPTROLLER UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE OWNER OR 12
396+OPERATOR OF A REFUSE DISPOSAL SYSTEM SHAL L SUBMIT, AS APPLICABLE , AN 13
397+ACCOUNTING OF THE NU MBER OF TONS OF SOLI D WASTE ACCEPTED FOR DISPOSAL, 14
398+TRANSFER, OR COLLECTION DURING THE REPORTING PERIOD . 15
401399
402- (II) IN ADDITION TO THE SU RCHARGES SUBMITTED T O THE 17
403-COMPTROLLER UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH , THE OWNER OR 18
404-OPERATOR OF A REFUSE DISPOSAL SYSTEM SHAL L SUBMIT, AS APPLICABLE, AN 19
405-ACCOUNTING OF THE NU MBER OF TONS OF SOLI D WASTE ACCEPTED FOR DISPOSAL, 20
406-TRANSFER, OR COLLECTION DURING THE REPORTING PERIOD . 21
400+9–1725.2. 16
407401
408-9–1725.2. 22
402+ (A) IN THIS SECTION, “FUND” MEANS THE WASTED FOOD REDUCTION AND 17
403+DIVERSION FUND. 18
409404
410- (A) IN THIS SECTION, “FUND” MEANS THE WASTED FOOD REDUCTION AND 23
411-DIVERSION FUND. 24
405+ (B) THERE IS A WASTED FOOD REDUCTION AND DIVERSION FUND. 19
412406
413- (B) THERE IS A WASTED FOOD REDUCTION AND DIVERSION FUND. 25
407+ (C) THE PURPOSE OF THE FUND IS TO FUND ELIGI BLE PROJECTS UNDER 20
408+THE ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT PROGRAM 21
409+ESTABLISHED UNDER § 2–109 OF THE AGRICULTURE ARTICLE, THE WASTED FOOD 22
410+REDUCTION AND DIVERSION GRANT PROGRAM ESTABLISHED U NDER § 23
411+9–1725.3 OF THIS SUBTITLE , AND THE COUNTY WASTED FOOD REDUCTION BLOCK 24
412+GRANT PROGRAM ESTABLISHED U NDER § 9–1725.4 OF THIS SUBTITLE. 25
414413
415- (C) THE PURPOSE OF THE FUND IS TO FUND ELIGI BLE PROJECTS UNDER 26
416-THE ON–FARM ORGANICS DIVERSION AND RECYCLING GRANT PROGRAM 27
417-ESTABLISHED UNDER § 2–109 OF THE AGRICULTURE ARTICLE, THE WASTED FOOD 28
418-REDUCTION AND DIVERSION GRANT PROGRAM ESTABLISHED U NDER § 29
419-9–1725.3 OF THIS SUBTITLE , AND THE COUNTY WASTED FOOD REDUCTION BLOCK 30
420-GRANT PROGRAM ESTABLISHED U NDER § 9–1725.4 OF THIS SUBTITLE. 31
414+ (D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 26
421415
422- (D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 32
416+ (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 27
417+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 28
423418
424- (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 33
425-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 34 10 HOUSE BILL 42
419+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 29
420+AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 30
421+
422+ (F) THE FUND CONSISTS OF : 31
423+ 10 HOUSE BILL 42
426424
427425
426+ (1) REVENUE DISTRIBUTED T O THE FUND UNDER § 9–1725.1 OF THIS 1
427+SUBTITLE; 2
428428
429- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
430-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
429+ (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 3
431430
432- (F) THE FUND CONSISTS OF : 3
431+ (3) INTEREST EARNINGS ; AND 4
433432
434- (1) REVENUE DISTRIBUTED T O THE FUND UNDER § 9–1725.1 OF THIS 4
435-SUBTITLE; 5
433+ (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 5
434+THE BENEFIT OF THE FUND. 6
436435
437- (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 6
436+ (G) (1) (I) NOT MORE THAN 25% OF THE FUND MAY BE USED FOR 7
437+ADMINISTRATIVE EXPEN SES JOINTLY BY THE DEPARTMENT AND THE DEPARTMENT 8
438+OF AGRICULTURE EACH FISC AL YEAR. 9
438439
439- (3) INTEREST EARNINGS ; AND 7
440+ (II) NOT MORE THAN 0.5% OF THE FUND MAY BE USED FOR 10
441+ADMINISTRATIVE EXPEN SES BY THE COMPTROLLER EACH FISC AL YEAR. 11
440442
441- (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 8
442-THE BENEFIT OF THE FUND. 9
443+ (2) BEGINNING JULY 1, 2027, AND EACH JULY 1 THEREAFTER , THE 12
444+COMPTROLLER SHALL TRA NSFER THE REMAINING MONEY FROM THE FUND AFTER 13
445+ADMINISTRATIVE EXPEN SES UNDER PARAGRAPH (1) OF THIS SUBSECTION A S 14
446+FOLLOWS: 15
443447
444- (G) (1) (I) NOT MORE THAN 25% OF THE FUND MAY B E USED FOR 10
445-ADMINISTRATIVE EXPEN SES JOINTLY BY THE DEPARTMENT AND THE DEPARTMENT 11
446-OF AGRICULTURE EACH FISC AL YEAR. 12
448+ (I) 25% TO THE WASTED FOOD REDUCTION AND DIVERSION 16
449+GRANT PROGRAM UNDER § 9–1725.3 OF THIS SUBTITLE; 17
447450
448- (II) NOT MORE THAN 0.5% OF THE FUND MAY BE USED FOR 13
449-ADMINISTRATIVE EXPEN SES BY THE COMPTROLLER EACH FISC AL YEAR. 14
451+ (II) 25% TO THE ON–FARM ORGANICS DIVERSION AND 18
452+RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE AGRICULTURE ARTICLE; 19
453+AND 20
450454
451- (2) BEGINNING JULY 1, 2027, AND EACH JULY 1 THEREAFTER , THE 15
452-COMPTROLLER SHALL TRA NSFER THE REMAINING MONEY FROM THE FUND AFTER 16
453-ADMINISTRATIVE EXPEN SES UNDER PARAGRAPH (1) OF THIS SUBSECTION A S 17
454-FOLLOWS: 18
455+ (III) 50% TO THE COUNTY WASTED FOOD REDUCTION BLOCK 21
456+GRANT PROGRAM UNDER § 9–1725.4 OF THIS SUBTITLE. 22
455457
456- (I) 25% TO THE WASTED FOOD REDUCTION AND DIVERSION 19
457-GRANT PROGRAM UNDER § 9–1725.3 OF THIS SUBTITLE; 20
458+ (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 23
459+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 24
458460
459- (II) 25% TO THE ON–FARM ORGANICS DIVERSION AND 21
460-RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE AGRICULTURE ARTICLE; 22
461-AND 23
461+ (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 25
462+THE FUND. 26
462463
463- (III) 50% TO THE COUNTY WASTED FOOD REDUCTION BLOCK 24
464-GRANT PROGRAM UNDER § 9–1725.4 OF THIS SUBTITLE. 25
464+ (I) EXPENDITURES FROM THE FUND MAY BE MADE ON LY IN ACCORDANCE 27
465+WITH THE STATE BUDGET . 28
465466
466- (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 26
467-IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 27
468-
469- (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 28
470-THE FUND. 29
471- HOUSE BILL 42 11
467+ (J) MONEY EXPENDED FROM T HE FUND FOR THE WASTED FOOD 29
468+REDUCTION AND DIVERSION GRANT PROGRAM, THE ON–FARM ORGANICS 30
469+DIVERSION AND RECYCLING GRANT PROGRAM, AND THE COUNTY WASTED FOOD 31 HOUSE BILL 42 11
472470
473471
474- (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 1
475-WITH THE STATE BUDGET . 2
472+REDUCTION BLOCK GRANT PROGRAM IS SUPPLEMENTAL TO A ND IS NOT INTENDED 1
473+TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR 2
474+THOSE PROGRAMS . 3
476475
477- (J) MONEY EXPENDED FROM T HE FUND FOR THE WASTED FOOD 3
478-REDUCTION AND DIVERSION GRANT PROGRAM, THE ON–FARM ORGANICS 4
479-DIVERSION AND RECYCLING GRANT PROGRAM, AND THE COUNTY WASTED FOOD 5
480-REDUCTION BLOCK GRANT PROGRAM IS SUPPLEMENT AL TO AND IS NOT INTENDED 6
481-TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD BE APPROPRI ATED FOR 7
482-THOSE PROGRAMS . 8
476+9–1725.3. 4
483477
484-9–1725.3. 9
478+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
479+INDICATED. 6
485480
486- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10
487-INDICATED. 11
481+ (2) “GRANT PROGRAM” MEANS THE WASTED FOOD REDUCTION AND 7
482+DIVERSION GRANT PROGRAM. 8
488483
489- (2) “GRANT PROGRAMMEANS THE WASTED FOOD REDUCTION AND 12
490-DIVERSION GRANT PROGRAM. 13
484+ (3) “OVERBURDENED COMMUNIT YHAS THE MEANING STAT ED IN § 9
485+1–701 OF THIS ARTICLE. 10
491486
492- (3) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 14
493-1–701 OF THIS ARTICLE. 15
487+ (4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 11
488+1–701 OF THIS ARTICLE. 12
494489
495- (4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 16
496-1701 OF THIS ARTICLE. 17
490+ (5) “URBAN AGRICULTURAL PR ODUCER” HAS THE MEANING STAT ED 13
491+IN § 22001 OF THE AGRICULTURE ARTICLE. 14
497492
498- (5) “URBAN AGRICULTURAL PR ODUCER” HAS THE MEANING STAT ED 18
499-IN § 2–2001 OF THE AGRICULTURE ARTICLE. 19
493+ (6) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THE 15
494+AGRICULTURE ARTICLE. 16
500495
501- (6) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THE 20
502-AGRICULTURE ARTICLE. 21
496+ (B) BEGINNING JULY 1, 2027, THERE IS A WASTED FOOD REDUCTION AND 17
497+DIVERSION GRANT PROGRAM IN THE DEPARTMENT . 18
503498
504- (B) BEGINNING JULY 1, 2027, THERE IS A WASTED FOOD REDUCTION AND 22
505-DIVERSION GRANT PROGRAM IN THE DEPARTMENT . 23
499+ (C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 19
500+ANNUALLY FOR INFRAST RUCTURE, PROGRAMS, AND EDUCATION THAT R EDUCE, 20
501+RESCUE, AND DIVERT WASTED FO OD IN THE STATE. 21
506502
507- (C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 24
508-ANNUALLY FOR INFRAST RUCTURE, PROGRAMS, AND EDUCATION THAT R EDUCE, 25
509-RESCUE, AND DIVERT WASTED FO OD IN THE STATE. 26
503+ (D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF 22
504+AGRICULTURE , SHALL ADMINISTER THE GRANT PROGRAM. 23
510505
511- (D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF 27
512-AGRICULTURE , SHALL ADMINISTER THE GRANT PROGRAM. 28
506+ (E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 24
507+GRANT PROGRAM: 25
513508
514- (E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 29
515-GRANT PROGRAM: 30
509+ (1) A UNIT OF STATE OR LOCAL GOVERN MENT; 26
516510
517- (1) A UNIT OF STATE OR LOCAL GOVERN MENT; 31 12 HOUSE BILL 42
511+ (2) A LOCAL EDUCATION AGEN CY; 27
512+
513+ (3) AN INSTITUTION OF HIG HER EDUCATION AS DEFINED IN § 10–101 28
514+OF THE EDUCATION ARTICLE; 29
515+ 12 HOUSE BILL 42
518516
519517
518+ (4) A NONPROFIT ORGANIZATI ON; 1
520519
521- (2) A LOCAL EDUCATION AGEN CY; 1
520+ (5) A FARMER, AN URBAN FARMER, OR AN URBAN AGRICULTURAL 2
521+PRODUCER; 3
522522
523- (3) AN INSTITUTION OF HIG HER EDUCATION AS DEF INED IN § 10–101 2
524-OF THE EDUCATION ARTICLE; 3
523+ (6) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH THE 4
524+STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 5
525525
526- (4) A NONPROFIT ORGANIZATION ; 4
526+ (7) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 6
527527
528- (5) A FARMER, AN URBAN FARMER , OR AN URBAN AGRICULT URAL 5
529-PRODUCER; 6
528+ (F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E GRANT PROGRAM IF 7
529+THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 8
530+PROGRAMS, EDUCATION, OR TECHNICAL ASSISTA NCE IN THE STATE THAT: 9
530531
531- (6) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH THE 7
532-STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 8
532+ (1) REDUCES THE AMOUNT OF WASTED FOOD GENERATE D; 10
533533
534- (7) A CONSORTIUM OF ANY EN TITIES UNDER THIS SU BSECTION. 9
534+ (2) RESCUES EDIBLE FOOD F OR PURPOSES OF REDIS TRIBUTION; 11
535535
536- (F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E GRANT PROGRAM IF 10
537-THE PROJECT DEVELOPS , MAINTAINS, OR EXPANDS INFRASTRU CTURE, COLLECTION 11
538-PROGRAMS, EDUCATION, OR TECHNICAL ASSISTA NCE IN THE STATE THAT: 12
536+ (3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 12
537+REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 13
538+THE DEPARTMENT OF AGRICULTURE ; 14
539539
540- (1) REDUCES THE AMOUNT OF WASTED FOOD GENERAT ED; 13
540+ (4) COMPOSTS OR RECYCLES FOOD RESIDUALS THAT ARE 15
541+SEPARATED FROM PACKA GING PRIOR TO COLLEC TION, INCLUDING 16
542+AT–HOME, COMMUNITY , AND ON–FARM COMPOSTING ; OR 17
541543
542- (2) RESCUES EDIBLE FOOD F OR PURPOSES OF REDIS TRIBUTION; 14
544+ (5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 18
545+DURABLE AND REUSABLE FOOD SERVICEWARE . 19
543546
544- (3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 15
545-REGISTERED AND TREAT ED IN ACCORDANCE WIT H REGULATIONS IMPLEM ENTED BY 16
546-THE DEPARTMENT OF AGRICULTURE ; 17
547+ (G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 20
548+DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE , 21
549+SHALL PRIORITIZE PRO JECTS: 22
547550
548- (4) COMPOSTS OR RECYCLES FOOD RE SIDUALS THAT ARE 18
549-SEPARATED FROM PACKA GING PRIOR TO COLLEC TION, INCLUDING 19
550-AT–HOME, COMMUNITY , AND ON–FARM COMPOSTING ; OR 20
551+ (1) FOR WHICH THE AP PLICANT CLEARLY DESC RIBES HOW THE 23
552+PROJECT WILL: 24
551553
552- (5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 21
553-DURABLE AND REUSABLE FOOD SERVICEWARE . 22
554+ (I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 25
555+TO THE COMMUNITY ; AND 26
554556
555- (G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 23
556-DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE , 24
557-SHALL PRIORITIZE PRO JECTS: 25
557+ (II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 27
558558
559- (1) FOR WHICH THE APPLICA NT CLEARLY DESCRIBES HOW THE 26
560-PROJECT WILL: 27
561-
562- (I) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS 28
563-TO THE COMMUNITY ; AND 29
559+ (2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 28
560+LOCAL COMMUNITY ; 29
564561 HOUSE BILL 42 13
565562
566563
567- (II) ADDRESS IMPORTANT COM MUNITY NEEDS ; 1
564+ (3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 1
565+CLASSIFICATION OF “GENERAL USE ” UNDER COMAR 15.18.04.05; 2
568566
569- (2) THAT PREVENT , RESCUE, AND DIVERT WASTED FO OD WITHIN A 2
570-LOCAL COMMUNITY ; 3
567+ (4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINAT ED COMPOST 3
568+THROUGH: 4
571569
572- (3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 4
573-CLASSIFICATION OF “GENERAL USE ” UNDER COMAR 15.18.04.05; 5
570+ (I) PROCESSING ORGANIC MATERIALS THAT ARE SEPARATED 5
571+FROM PACKAGING PRIOR TO COLLECTION ; 6
574572
575- (4) THAT PLAN TO PRODUCE MINIMALLY CO NTAMINATED COMPOST 6
576-THROUGH: 7
573+ (II) NOT USING DEPACKAGERS ; AND 7
577574
578- (I) PROCESSING ORGANIC MA TERIALS THAT ARE SEP ARATED 8
579-FROM PACKAGING PRIOR TO COLLECTION ; 9
575+ (III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 8
576+TESTING ASSURANCE; 9
580577
581- (II) NOT USING DEPACKAGERS ; AND 10
578+ (5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY ; 10
582579
583- (III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 11
584-TESTING ASSURANCE; 12
580+ (6) THAT MINIMIZE NEGATIV E IMPACTS TO THE LOC AL COMMUNITY ; 11
581+AND 12
585582
586- (5) THAT SERVE AN OVERBUR DENED OR UNDERSERVED COMMUNITY ; 13
583+ (7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 13
584+INCLUDING: 14
587585
588- (6) THAT MINIMIZE NEGATIV E IMPACTS TO THE LOC AL COMMUNITY ; 14
589-AND 15
586+ (I) THE CREATION OF JOBS ; 15
590587
591- (7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 16
592-INCLUDING: 17
588+ (II) INCREASING JOB TRAINI NG; AND 16
593589
594- (I) THE CREATION OF JOBS ; 18
590+ (III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 17
591+PRACTICES THAT ARE INCLUSIV E AND PROVIDE A LIVI NG WAGE. 18
595592
596- (II) INCREASING JOB TRAINI NG; AND 19
593+ (H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 19
594+PROGRAM MAY NOT RECEI VE A GRANT UNDER THE ON–FARM ORGANICS 20
595+DIVERSION AND RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE 21
596+AGRICULTURE ARTICLE IN THE SAME CALENDAR YEAR . 22
597597
598- (III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 20
599-PRACTICES THAT ARE I NCLUSIVE AND PROVIDE A LIVING WAGE. 21
598+ (I) (1) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT 23
599+OF AGRICULTURE , SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION. 24
600600
601- (H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 22
602-PROGRAM MAY NOT RECEI VE A GRANT UNDER THE ON–FARM ORGANICS 23
603-DIVERSION AND RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE 24
604-AGRICULTURE ARTICLE IN THE SAME C ALENDAR YEAR . 25
601+ (2) REGULATIONS ADOPTED U NDER THIS SUBSECTION SHALL 25
602+INCLUDE: 26
605603
606- (I) (1) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT 26
607-OF AGRICULTURE , SHALL ADOPT REGULATI ONS TO IMPLEMENT THI S SECTION. 27
608-
609- (2) REGULATIONS ADOPTED U NDER THIS SUBSECTION SHALL 28
610-INCLUDE: 29
604+ (I) A SIMPLE COMMON APPLIC ATION PROCED URE; AND 27
611605 14 HOUSE BILL 42
612606
613607
614- (I) A SIMPLE COMMON APPLIC ATION PROCEDURE ; AND 1
608+ (II) FOR ELIGIBLE ENTITIES , A PROCESS TO FACILIT ATE THE 1
609+PARTICIPATION OF ELI GIBLE ENTITIES THAT HAVE LIMITED RESOURC ES OR 2
610+LANGUAGE BARRIERS . 3
615611
616- (II) FOR ELIGIBLE ENTITIES , A PROCESS TO FACILIT ATE THE 2
617-PARTICIPATION OF ELI GIBLE ENTITIES THAT HAVE LIMITED RESOURC ES OR 3
618-LANGUAGE BARRIERS . 4
612+ (J) ON OR BEFORE DECEMBER 31, 2027, AND EACH DECEMBER 31 4
613+THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 5
614+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 6
619615
620- (J) ON OR BEFORE DECEMBER 31, 2027, AND EACH DECEMBER 31 5
621-THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 6
622-ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 7
616+ (1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 7
623617
624- (1) THE NUMBER AND TYPES OF GRANTS AWARDED ; 8
618+ (2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 8
619+OTHER BENEFITS TO TH E STATE; 9
625620
626- (2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 9
627-OTHER BENEFITS TO TH E STATE; 10
621+ (3) THE IMPACT ON WASTE PREVENTED , RESCUED, AND DIVERTED 10
622+FROM DISPOSAL ; AND 11
628623
629- (3) THE IMPACT ON WASTE P REVENTED, RESCUED, AND DIVERTED 11
630-FROM DISPOSAL ; AND 12
624+ (4) THE IMPACT ON FARMERS , URBAN FARMERS , AND URBAN 12
625+AGRICULTURAL PRODUCE RS IN THE STATE. 13
631626
632- (4) THE IMPACT ON FARMERS , URBAN FARMERS , AND URBAN 13
633-AGRICULTURAL PRODUCE RS IN THE STATE. 14
627+9–1725.4. 14
634628
635-9–1725.4. 9–1725.2. 15
629+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
630+INDICATED. 16
636631
637- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
638-INDICATED. 17
632+ (2) “GRANT PROGRAM” MEANS THE COUNTY WASTED FOOD 17
633+REDUCTION BLOCK GRANT PROGRAM. 18
639634
640- (2) “GRANT PROGRAMMEANS THE COUNTY WASTED FOOD 18
641-REDUCTION BLOCK GRANT PROGRAM. 19
635+ (3) “OVERBURDENED COMMUNIT YHAS THE MEANING STAT ED IN § 19
636+1–701 OF THIS ARTICLE. 20
642637
643- (3) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 20
644-1–701 OF THIS ARTICLE. 21
638+ (4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 21
639+1–701 OF THIS ARTICLE. 22
645640
646- (4) “UNDERSERVED COMM UNITY” HAS THE MEANING STAT ED IN § 22
647-1701 OF THIS ARTICLE. 23
641+ (5) “URBAN AGRICULTURAL PR ODUCER” HAS THE MEANING STAT ED 23
642+IN § 22001 OF THE AGRICULTURE ARTICLE. 24
648643
649- (5) “URBAN AGRICULTURAL PR ODUCER” HAS THE MEANING STAT ED 24
650-IN § 2–2001 OF THE AGRICULTURE ARTICLE. 25
644+ (6) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THE 25
645+AGRICULTURE ARTICLE. 26
651646
652- (6) “URBAN FARMER ” HAS THE MEANING STAT ED IN § 2–401 OF THE 26
653-AGRICULTURE ARTICLE. 27
654-
655- (B) BEGINNING JULY 1, 2027, THERE IS A COUNTY WASTED FOOD 28
656-REDUCTION BLOCK GRANT PROGRAM IN THE DEPARTMENT . 29
647+ (B) BEGINNING JULY 1, 2027, THERE IS A COUNTY WASTED FOOD 27
648+REDUCTION BLOCK GRANT PROGRAM IN THE DEPARTMENT . 28
657649 HOUSE BILL 42 15
658650
659651
660652 (C) (1) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS TO 1
661653 COUNTIES ANNUALLY IN AMOUNTS PROPORTIO NAL TO EACH COUNTY’S 2
662654 POPULATION . 3
663655
664656 (2) FUNDS RECEIVED BY A COUNTY UNDER THIS SUBSECTIO N SHALL 4
665657 FUND PROJECTS TO DEVELOP , MAINTAIN, OR EXPAND INFRASTRUCTURE , 5
666658 PROGRAMS, AND EDUCATION THAT R EDUCE, RESCUE, AND DIVERT WASTED FO OD IN 6
667659 THE COUNTY. 7
668660
669661 (D) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT OF 8
670662 AGRICULTURE , SHALL ADMINISTER THE GRANT PROGRAM. 9
671663
672664 (E) IN FUNDING PROJECTS UNDER THE GRANT PROGRAM, A COUNTY SHALL 10
673665 PRIORITIZE PROJECTS THAT: 11
674666
675667 (1) PROVIDE DIRECT , MEANINGFUL , AND ASSURED BENEFITS TO THE 12
676668 COMMUNITY ; 13
677669
678670 (2) ADDRESS IMPORTANT COM MUNITY NEEDS ; 14
679671
680672 (3) PREVENT, RESCUE, AND DIVERT WASTED FO OD WITHIN A LOCAL 15
681673 COMMUNITY ; 16
682674
683675 (4) PLAN TO PRODUCE COMPOST THAT MEETS THE CLASSIFICA TION 17
684676 OF “GENERAL USE ” UNDER COMAR 15.18.04.05; 18
685677
686678 (5) PLAN TO PRODUCE MINIM ALLY CONTAMINATED CO MPOST 19
687679 THROUGH: 20
688680
689681 (I) PROCESSING ORGANIC MA TERIALS THAT ARE SEP ARATED 21
690682 FROM PACKAGING PRIOR TO COLLECTION ; 22
691683
692684 (II) NOT USING DEPACKAGERS ; AND 23
693685
694686 (III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 24
695687 TESTING ASSURANCE; 25
696688
697689 (6) SERVE AN OVERBURDENED OR UNDERSERVED COMMU NITY; 26
698690
699691 (7) MINIMIZE NEGATIVE IMP ACTS TO THE LOCAL CO MMUNITY; AND 27
700692
701693 (8) MAXIMIZE BENEFITS TO THE LOCAL COMMUNITY , INCLUDING: 28
702-
703- (I) THE CREATION OF JOBS ; 29
704694 16 HOUSE BILL 42
705695
706696
707- (II) INCREASING JOB TRAINI NG; AND 1
697+ (I) THE CREATION OF JOBS ; 1
708698
709- (III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 2
710-PRACTICES THAT ARE INCLUSIVE AND PROVID E A LIVING WAGE. 3
699+ (II) INCREASING JOB TRAINI NG; AND 2
711700
712-Article – State Finance and Procurement 4
701+ (III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 3
702+PRACTICES THAT ARE I NCLUSIVE AND PROVIDE A LIVING WAGE. 4
713703
714-6226. 5
704+Article State Finance and Procurement 5
715705
716- (a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 6
717-through 2028. 7
706+6–226. 6
718707
719- 2. Notwithstanding any other provision of law, and unless 8
720-inconsistent with a federal law, grant agreement, or other federal requirement or with the 9
721-terms of a gift or settlement agreement, net interest on all State money allocated by the 10
722-State Treasurer under this section to special funds or accounts, and otherwise entitled to 11
723-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 12
724-Fund of the State. 13
708+ (a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 7
709+through 2028. 8
725710
726- (ii) The provisions of subparagraph (i) of this paragraph do not apply 14
727-to the following funds: 15
711+ 2. Notwithstanding any other provision of law, and unless 9
712+inconsistent with a federal law, grant agreement, or other federal requirement or with the 10
713+terms of a gift or settlement agreement, net interest on all State money allocated by the 11
714+State Treasurer under this section to special funds or accounts, and otherwise entitled to 12
715+receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 13
716+Fund of the State. 14
728717
729- 204. the Victims of Domestic Violence Program Grant Fund; 16
730-[and] 17
718+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 15
719+to the following funds: 16
731720
732- 205. the Proposed Programs Collaborative Grant Fund; AND 18
721+ 204. the Victims of Domestic Violence Program Grant Fund; 17
722+[and] 18
733723
734- 206. THE WASTED FOOD REDUCTION AND DIVERSION 19
735-FUND. 20
724+ 205. the Proposed Programs Collaborative Grant Fund; AND 19
736725
737- SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding any other 21
738-provision of law, the Governor may transfer $3,000,000 in fiscal years 2027 through 2031 22
739-from the Maryland Strategic Energy Investment Fund established under § 9–20B–05 of the 23
740-State Government Article to each of the following programs, as enacted by Section 1 of this 24
741-Act: 25
726+ 206. THE WASTED FOOD REDUCTION AND DIVERSION 20
727+FUND. 21
742728
743- (1) the On–Farm Organics Diversion and Recycling Grant Program under 26
744-§ 2–109 of the Agriculture Article; 27
729+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
730+October 1, 2025. 23
745731
746- (2) the Wasted Food Reduction and Diversion Grant Program under § 28
747-9–1725.1 of the Environment Article; and 29
748-
749- (3) the County Wasted Food Reduction Block Grant Program und er § 30
750-9–1725.2 of the Environment Article. 31
751- HOUSE BILL 42 17
752-
753-
754- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
755-October 1, 2025. 2
756-
757-
758-
759-Approved:
760-________________________________________________________________________________
761- Governor.
762-________________________________________________________________________________
763- Speaker of the House of Delegates.
764-________________________________________________________________________________
765- President of the Senate.