Maryland 2025 Regular Session

Maryland Senate Bill SB317 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0317
6	6
7	7	SENATE BILL 317
8	8	M1 5lr1942
9	9	CF HB 257
10	10	By: Senators Lewis Young and Love
11	11	Introduced and read first time: January 13, 2025
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Natural Resources – Food Forests and Foraging Program – Establishment 2
19	19
20	20	FOR the purpose of establishing a Food Forests and Foraging Program within the 3
21	21	Department of Natural Resources; requiring individuals who forage in a food forest 4
22	22	to obtain a foraging permit; requiring the Department to charge a permit application 5
23	23	fee and establish a fee waiver process for individuals who demonstrate financial 6
24	24	need; establishing the Food Forests and Foraging Fund as a special, nonlapsing fund 7
25	25	in the Department; requiring interest earnings of the Fund to be credited to the 8
26	26	Fund; and generally relating to food forests and foraging in the State. 9
27	27
28	28	BY adding to 10
29	29	Article – Natural Resources 11
30	30	Section 5–2101 through 5–2104 to be under the new subtitle “Subtitle 21. Food 12
31	31	Forests and Foraging Program” 13
32	32	Annotated Code of Maryland 14
33	33	(2023 Replacement Volume and 2024 Supplement) 15
34	34
35	35	BY repealing and reenacting, without amendments, 16
36	36	Article – State Finance and Procurement 17
37	37	Section 6–226(a)(1) and (2)(i) 18
38	38	Annotated Code of Maryland 19
39	39	(2021 Replacement Volume and 2024 Supplement) 20
40	40
41	41	BY repealing and reenacting, with amendments, 21
42	42	Article – State Finance and Procurement 22
43	43	Section 6–226(a)(2)(ii)204. and 205. 23
44	44	Annotated Code of Maryland 24
45	45	(2021 Replacement Volume and 2024 Supplement) 25
46	46
47	47	BY adding to 26
48	48	Article – State Finance and Procurement 27 2 SENATE BILL 317
49	49
50	50
51	51	Section 6–226(a)(2)(ii)206. 1
52	52	Annotated Code of Maryland 2
53	53	(2021 Replacement Volume and 2024 Supplement) 3
54	54
55	55	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
56	56	That the Laws of Maryland read as follows: 5
57	57
58	58	Article – Natural Resources 6
59	59
60	60	SUBTITLE 21. FOOD FORESTS AND FORAGING PROGRAM. 7
61	61
62	62	5–2101. 8
63	63
64	64	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
65	65	INDICATED. 10
66	66
67	67	(B) “FOOD FOREST ” MEANS AN AREA OWNED OR MANAGED BY THE 11
68	68	DEPARTMENT THAT IS DE SIGNATED BY THE DEPARTMENT FOR FORAGI NG. 12
69	69
70	70	(C) (1) “FORAGING” MEANS HARVESTING PLA NT MATERIALS, INCLUDING 13
71	71	SEEDS, NUTS, MUSHROOMS , ROOTS, TUBERS, AND BERRIES FOR NONC OMMERCIAL 14
72	72	PERSONAL CONSUMPTION . 15
73	73
74	74	(2) “FORAGING” DOES NOT INCLUDE HARVESTI NG THREATENED OR 16
75	75	ENDANGERED PLANT SPE CIES DESIGNATED UNDE R § 10–2A–04 OF THIS ARTICLE. 17
76	76
77	77	(D) “FUND” MEANS THE FOOD FORESTS AND FORAGING FUND 18
78	78	ESTABLISHED UNDER § 5–2104 OF THIS SUBTITLE. 19
79	79
80	80	(E) “PROGRAM” MEANS THE FOOD FORESTS AND FORAGING PROGRAM. 20
81	81
82	82	5–2102. 21
83	83
84	84	(A) THERE IS A FOOD FORESTS AND FORAGING PROGRAM IN THE 22
85	85	DEPARTMENT . 23
86	86
87	87	(B) THE PURPOSE OF THE PROGRAM IS TO: 24
88	88
89	89	(1) DESIGNATE, PLANT, AND MAINTAIN FOOD FO RESTS ON STATE 25
90	90	LAND; AND 26
91	91
92	92	(2) AUTHORIZE AND REGULAT E FORAGING WITHIN FO OD FORESTS. 27
93	93
94	94	5–2103. 28 SENATE BILL 317 3
95	95
96	96
97	97
98	98	(A) THERE IS A FORAGING P ERMIT. 1
99	99
100	100	(B) AN INDIVIDUAL SHALL O BTAIN A FORAGING PER MIT TO FORAGE WITHIN 2
101	101	A FOOD FOREST . 3
102	102
103	103	(C) TO OBTAIN A FORAGING PERMIT, AN INDIVIDUAL SHALL : 4
104	104
105	105	(1) SUBMIT AN APPLICATION TO THE DEPARTMENT ; AND 5
106	106
107	107	(2) SUBJECT TO SUBSECTION (D) OF THIS SECTION , PAY AN 6
108	108	APPLICATION FEE , AS SET BY THE DEPARTMENT . 7
109	109
110	110	(D) THE DEPARTMENT SHALL WAIV E THE PERMIT APPLICA TION FEE FOR 8
111	111	AN INDIVIDUAL WHO DE MONSTRATES FINANCIAL NEED. 9
112	112
113	113	(E) A FORAGING PERMIT SHAL L BE VALID FOR 1 YEAR FOLLOWIN G THE 10
114	114	DATE OF ISSUANCE . 11
115	115
116	116	(F) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT THIS 12
117	117	SECTION, INCLUDING REGULATION S: 13
118	118
119	119	(1) DESIGNATING FORAGING AREAS WITHIN STATE–OWNED LAND 14
120	120	MANAGED BY THE DEPARTMENT ; 15
121	121
122	122	(2) ESTABLISHING A PERMIT APPLICATION FEE ; AND 16
123	123
124	124	(3) ESTABLISHING A FEE WA IVER PROCESS FOR IND IVIDUALS WHO 17
125	125	DEMONSTRATE FINANCIA L NEED. 18
126	126
127	127	5–2104. 19
128	128
129	129	(A) THERE IS A FOOD FORESTS AND FORAGING FUND. 20
130	130
131	131	(B) THE PURPOSE OF THE FUND IS TO SUPPORT TH E DESIGNATION , 21
132	132	PLANTING, AND MAINTENANCE OF STATE LAND TO BE USED AS FOOD FORESTS . 22
133	133
134	134	(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 23
135	135
136	136	(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 24
137	137	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
138	138	4 SENATE BILL 317
139	139
140	140
141	141	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
142	142	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
143	143
144	144	(E) THE FUND CONSISTS OF : 3
145	145
146	146	(1) PERMIT APPLICATION FE ES COLLECTED UNDER § 5–2103 OF THIS 4
147	147	SUBTITLE; 5
148	148
149	149	(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 6
150	150
151	151	(3) INTEREST EARNINGS ; AND 7
152	152
153	153	(4) ANY OTHER MONEY FROM ANY OTHER SOURC E ACCEPTED FOR 8
154	154	THE BENEFIT OF THE FUND. 9
155	155
156	156	(F) THE FUND MAY BE USED ONLY FOR: 10
157	157
158	158	(1) DESIGNATING, PLANTING, AND MAINTAINING FOOD FORESTS; 11
159	159	AND 12
160	160
161	161	(2) ADMINISTRATIVE EXPENS ES CALCULATED IN ACC ORDANCE WITH 13
162	162	§ 1–103(B)(2) OF THIS ARTICLE. 14
163	163
164	164	(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 15
165	165	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 16
166	166
167	167	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 17
168	168	THE FUND. 18
169	169
170	170	(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 19
171	171	WITH THE STATE BUDGET . 20
172	172
173	173	Article – State Finance and Procurement 21
174	174
175	175	6–226. 22
176	176
177	177	(a) (1) Except as otherwise specifically provided by law or by regulation of the 23
178	178	Treasurer, the Treasurer shall credit to the General Fund any interest on or other income 24
179	179	from State money that the Treasurer invests. 25
180	180
181	181	(2) (i) 1. This subparagraph does not apply in fiscal years 2024 26
182	182	through 2028. 27
183	183	SENATE BILL 317 5
184	184
185	185
186	186	2. Notwithstanding any other provision of law, and unless 1
187	187	inconsistent with a federal law, grant agreement, or other federal requirement or with the 2
188	188	terms of a gift or settlement agreement, net interest on all State money allocated by the 3
189	189	State Treasurer under this section to special funds or accounts, and otherwise entitled to 4
190	190	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 5
191	191	Fund of the State. 6
192	192
193	193	(ii) The provisions of subparagraph (i) of this paragraph do not apply 7
194	194	to the following funds: 8
195	195
196	196	204. the Victims of Domestic Violence Program Grant Fund; 9
197	197	[and] 10
198	198
199	199	205. the Proposed Programs Collaborative Grant Fund; AND 11
200	200
201	201	206. THE FOOD FORESTS AND FORAGING FUND. 12
202	202
203	203	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
204	204	October 1, 2025. 14
205	205