EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0317*
SENATE BILL 317
M1 5lr1942
CF HB 257
By: Senators Lewis Young and Love
Introduced and read first time: January 13, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Food Forests and Foraging Program – Establishment 2
FOR the purpose of establishing a Food Forests and Foraging Program within the 3
Department of Natural Resources; requiring individuals who forage in a food forest 4
to obtain a foraging permit; requiring the Department to charge a permit application 5
fee and establish a fee waiver process for individuals who demonstrate financial 6
need; establishing the Food Forests and Foraging Fund as a special, nonlapsing fund 7
in the Department; requiring interest earnings of the Fund to be credited to the 8
Fund; and generally relating to food forests and foraging in the State. 9
BY adding to 10
Article – Natural Resources 11
Section 5–2101 through 5–2104 to be under the new subtitle “Subtitle 21. Food 12
Forests and Foraging Program” 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – State Finance and Procurement 17
Section 6–226(a)(1) and (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 2 SENATE BILL 317
Section 6–226(a)(2)(ii)206. 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2024 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Natural Resources 6
SUBTITLE 21. FOOD FORESTS AND FORAGING PROGRAM. 7
5–2101. 8
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(B) “FOOD FOREST ” MEANS AN AREA OWNED OR MANAGED BY THE 11
DEPARTMENT THAT IS DE SIGNATED BY THE DEPARTMENT FOR FORAGI NG. 12
(C) (1) “FORAGING” MEANS HARVESTING PLA NT MATERIALS, INCLUDING 13
SEEDS, NUTS, MUSHROOMS , ROOTS, TUBERS, AND BERRIES FOR NONC OMMERCIAL 14
PERSONAL CONSUMPTION . 15
(2) “FORAGING” DOES NOT INCLUDE HARVESTI NG THREATENED OR 16
ENDANGERED PLANT SPE CIES DESIGNATED UNDE R § 10–2A–04 OF THIS ARTICLE. 17
(D) “FUND” MEANS THE FOOD FORESTS AND FORAGING FUND 18
ESTABLISHED UNDER § 5–2104 OF THIS SUBTITLE. 19
(E) “PROGRAM” MEANS THE FOOD FORESTS AND FORAGING PROGRAM. 20
5–2102. 21
(A) THERE IS A FOOD FORESTS AND FORAGING PROGRAM IN THE 22
DEPARTMENT . 23
(B) THE PURPOSE OF THE PROGRAM IS TO: 24
(1) DESIGNATE, PLANT, AND MAINTAIN FOOD FO RESTS ON STATE 25
LAND; AND 26
(2) AUTHORIZE AND REGULAT E FORAGING WITHIN FO OD FORESTS. 27
5–2103. 28 SENATE BILL 317 3
(A) THERE IS A FORAGING P ERMIT. 1
(B) AN INDIVIDUAL SHALL O BTAIN A FORAGING PER MIT TO FORAGE WITHIN 2
A FOOD FOREST . 3
(C) TO OBTAIN A FORAGING PERMIT, AN INDIVIDUAL SHALL : 4
(1) SUBMIT AN APPLICATION TO THE DEPARTMENT ; AND 5
(2) SUBJECT TO SUBSECTION (D) OF THIS SECTION , PAY AN 6
APPLICATION FEE , AS SET BY THE DEPARTMENT . 7
(D) THE DEPARTMENT SHALL WAIV E THE PERMIT APPLICA TION FEE FOR 8
AN INDIVIDUAL WHO DE MONSTRATES FINANCIAL NEED. 9
(E) A FORAGING PERMIT SHAL L BE VALID FOR 1 YEAR FOLLOWIN G THE 10
DATE OF ISSUANCE . 11
(F) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMP LEMENT THIS 12
SECTION, INCLUDING REGULATION S: 13
(1) DESIGNATING FORAGING AREAS WITHIN STATE–OWNED LAND 14
MANAGED BY THE DEPARTMENT ; 15
(2) ESTABLISHING A PERMIT APPLICATION FEE ; AND 16
(3) ESTABLISHING A FEE WA IVER PROCESS FOR IND IVIDUALS WHO 17
DEMONSTRATE FINANCIA L NEED. 18
5–2104. 19
(A) THERE IS A FOOD FORESTS AND FORAGING FUND. 20
(B) THE PURPOSE OF THE FUND IS TO SUPPORT TH E DESIGNATION , 21
PLANTING, AND MAINTENANCE OF STATE LAND TO BE USED AS FOOD FORESTS . 22
(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 23
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 24
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
4 SENATE BILL 317
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 1
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
(E) THE FUND CONSISTS OF : 3
(1) PERMIT APPLICATION FE ES COLLECTED UNDER § 5–2103 OF THIS 4
SUBTITLE; 5
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 6
(3) INTEREST EARNINGS ; AND 7
(4) ANY OTHER MONEY FROM ANY OTHER SOURC E ACCEPTED FOR 8
THE BENEFIT OF THE FUND. 9
(F) THE FUND MAY BE USED ONLY FOR: 10
(1) DESIGNATING, PLANTING, AND MAINTAINING FOOD FORESTS; 11
AND 12
(2) ADMINISTRATIVE EXPENS ES CALCULATED IN ACC ORDANCE WITH 13
§ 1–103(B)(2) OF THIS ARTICLE. 14
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 15
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 16
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 17
THE FUND. 18
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 19
WITH THE STATE BUDGET . 20
Article – State Finance and Procurement 21
6–226. 22
(a) (1) Except as otherwise specifically provided by law or by regulation of the 23
Treasurer, the Treasurer shall credit to the General Fund any interest on or other income 24
from State money that the Treasurer invests. 25
(2) (i) 1. This subparagraph does not apply in fiscal years 2024 26
through 2028. 27
SENATE BILL 317 5
2. Notwithstanding any other provision of law, and unless 1
inconsistent with a federal law, grant agreement, or other federal requirement or with the 2
terms of a gift or settlement agreement, net interest on all State money allocated by the 3
State Treasurer under this section to special funds or accounts, and otherwise entitled to 4
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 5
Fund of the State. 6
(ii) The provisions of subparagraph (i) of this paragraph do not apply 7
to the following funds: 8
204. the Victims of Domestic Violence Program Grant Fund; 9
[and] 10
205. the Proposed Programs Collaborative Grant Fund; AND 11
206. THE FOOD FORESTS AND FORAGING FUND. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2025. 14