On-Farm Organics Diversion and Recycling Grant Program - Established

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING 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.
*sb0599*

SENATE BILL 599
M3, M4 6lr3500
SB 134/25 – EEE & B&T CF HB 429
By: Senator Hester Senators Hester and Hettleman
Introduced and read first time: February 5, 2026
Assigned to: Education, Energy, and the Environment and Budget and Taxation
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 5, 2026

CHAPTER ______

AN ACT concerning 1

On–Farm Organics and Wasted Food Reduction and Diversion and Recycling 2
Grant 3
Programs Program – Established 4

FOR the purpose of establishing the On –Farm Organics Diversion and Recycling Grant 5
Program in the Department of Agriculture to award grants to eligible entities to 6
develop and implement on –farm organics recycling and compost use, wasted food 7
prevention, and food rescue; establishing the Wasted Food Reduction and Diversion 8
Grant Program and the County Wasted Food Reduction Block Grant Program in the 9
Department of the Environment to award grants and fund certain projects for 10
infrastructure, programs, and education that reduce, rescue, and divert wasted food 11
in the State and certain counties; and generally relating to wasted food reduction 12
and diversion on–farm organics recycling and compost use, wasted food prevention, 13
and food rescue in the State. 14

BY adding to 15
Article – Agriculture 16
Section 2–109 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2025 Supplement) 19

BY repealing and reenacting, without amendments, 20
Article – Agriculture 21
Section 2–401(a)(1) and (3) and 2–2001(a), (f), and (g) 22
Annotated Code of Maryland 23
2 SENATE BILL 599

(2016 Replacement Volume and 2025 Supplement) 1

BY repealing and reenacting, without amendments, 2
Article – Environment 3
Section 1–701(a)(1), (7), and (8) 4
Annotated Code of Maryland 5
(2013 Replacement Volume and 2025 Supplement) 6

BY adding to 7
Article – Environment 8
Section 9–1725.1 and 9–1725.2 9
Annotated Code of Maryland 10
(2014 Replacement Volume and 2025 Supplement) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – Agriculture 14

2–109. 15

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17

(2) “GRANT PROGRAM” MEANS THE ON–FARM ORGANICS 18
DIVERSION AND RECYCLING GRANT PROGRAM. 19

(3) “URBAN AGRICULTURAL PRODUCER” HAS THE MEANING STATED 20
IN § 2–2001 OF THIS TITLE. 21

(4) “URBAN FARMER” HAS THE MEANING STATED IN § 2–401 OF THIS 22
TITLE. 23

(B) BEGINNING JULY 1, 2028, THERE IS AN ON–FARM ORGANICS 24
DIVERSION AND RECYCLING GRANT PROGRAM IN THE DEPARTMENT. 25

(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD GRANTS 26
ANNUALLY FOR DEVELOPING AND IMPLEMENTING ON–FARM ORGANICS RECYCLING 27
AND COMPOST USE, WASTED FOOD PREVENTION, AND FOOD RESCUE. 28

(D) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF THE 29
ENVIRONMENT, SHALL: 30

(1) ADMINISTER THE GRANT PROGRAM; AND 31

SENATE BILL 599 3

(2) IDENTIFY AND APPLY FOR FUNDING FOR THE GRANT PROGRAM. 1

(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 2
GRANT PROGRAM: 3

(1) A FARMER, AN URBAN FARMER , OR AN URBAN AGRICULT URAL 4
PRODUCER; 5

(2) A SOIL CONSERVATION DISTRICT; 6

(3) AN INSTITUTION OF HIGHER EDUCATION AS DEFINED IN § 10–101 7
OF THE EDUCATION ARTICLE; 8

(4) A NONPROFIT ORGANIZATION; 9

(5) A BUSINESS IN THE STATE THAT IS IN: 10

(I) GOOD STANDING WITH TH E STATE DEPARTMENT OF 11
ASSESSMENTS AND TAXATION; AND 12

(II) PARTNERSHIP WITH A FARMER, AN URBAN FARMER, OR AN 13
URBAN AGRICULTURAL PRODUCER; AND 14

(6) A CONSORTIUM OF ANY ENTITIES UNDER THIS SUBSECTION. 15

(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER THE GRANT PROGRAM IF 16
THE PROJECT DEVELOPS, MAINTAINS, OR EXPANDS INFRASTRUCTURE, COLLECTION 17
PROGRAMS, EDUCATION, OR TECHNICAL ASSISTANCE IN THE STATE THAT: 18

(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATED; 19

(2) RESCUES EDIBLE FOOD FOR PURPOSES OF REDISTRIBUTION; 20

(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 21
REGISTERED AND TREATED IN ACCORDANCE WITH REGULATIONS IMPLEMENTED BY 22
THE DEPARTMENT; 23

(4) COMPOSTS OR RECYCLES FOOD RESIDUALS THAT ARE 24
SEPARATED FROM PACKA GING PRIOR TO COLLEC TION, INCLUDING AT –HOME, 25
COMMUNITY, AND ON–FARM COMPOSTING; 26

(5) PROVIDES LABOR AND WAGES IN S UPPORT OF WASTED FOO D 27
PREVENTION, FOOD RESCUE, AND ON–FARM ORGANICS RECYCLING AND COMPOST 28
USE; 29

4 SENATE BILL 599

(6) PROVIDES BEST MANAGEM ENT PRACTICE TRAININ G IN 1
RELEVANT FIELDS BY A REPUTABLE TRAINING PROGRAM; 2

(7) STUDIES THE IMPACTS O F COMPOST APPLICATION ON ON–FARM 3
NUTRIENT AND WATER QUALITY MANAGEMENT; OR 4

(8) ASSISTS IN THE PAYMENT OF APPLICABLE PERMIT APPLICATION 5
COSTS. 6

(G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 7
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF THE ENVIRONMENT, 8
SHALL PRIORITIZE PROJECTS: 9

(1) FOR WHICH THE APPLICA NT CLEARLY DESCRIBES HOW THE 10
PROJECT WILL: 11

(I) PROVIDE DIRECT , MEANINGFUL, AND ASSURED BENEFITS 12
TO THE COMMUNITY; AND 13

(II) ADDRESS IMPORTANT COMMUNITY NEEDS; 14

(2) THAT PREVENT, RESCUE, AND DIVERT WASTED FOOD W ITHIN A 15
LOCAL COMMUNITY; 16

(3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 17
CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05; 18

(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINATED COMPOST 19
THROUGH: 20

(I) PROCESSING ORGANIC MA TERIALS THAT ARE SEPARATED 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

(5) THAT SERVE AN OVERBURDENED OR UNDERSERVED COMMUNITY 26
AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE; 27

(6) THAT MINIMIZE NEGATIVE IMPACTS TO THE LOC AL COMMUNITY; 28
AND 29

SENATE BILL 599 5

(7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 1
INCLUDING: 2

(I) THE CREATION OF JOBS; 3

(II) INCREASING JOB TRAINING; AND 4

(III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 5
PRACTICES THAT ARE INCLUSIVE AND PROVIDE A LIVING WAGE. 6

(H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 7
PROGRAM MAY NOT RECEIVE A GRANT UNDER THE WASTED FOOD REDUCTION AND 8
DIVERSION GRANT PROGRAM UNDER § 9–1725.1 OF THE ENVIRONMENT ARTICLE 9
IN THE SAME CALENDAR YEAR. 10

(H) FOR FISCAL YEAR 2028 AND EACH FISCAL YEAR THEREAFTER, THE 11
GOVERNOR SHALL INCLUDE IN THE ANNUAL BUDG ET BILL AN APPROPRIATION OF 12
$250,000 TO THE GRANT PROGRAM. 13

(I) ON OR BEFORE DECEMBER 31, 2028, AND EACH DECEMBER 31 14
THEREAFTER, THE DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY, IN 15
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 16

(1) THE NUMBER AND TYPES OF GRANTS AWARDED; 17

(2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 18
OTHER BENEFITS TO THE STATE; 19

(3) THE IMPACT ON FOOD WA STE PREVENTED , RESCUED, AND 20
DIVERTED FROM DISPOSAL; AND 21

(4) THE IMPACT ON FARMERS , URBAN FARMERS , AND URBAN 22
AGRICULTURAL PRODUCERS IN THE STATE. 23

2–401. 24

(a) (1) In this section the following words have the meanings indicated. 25

(3) “Urban farmer” means an individual who farms in an urban area. 26

2–2001. 27

(a) In this subtitle the following words have the meanings indicated. 28

6 SENATE BILL 599

(f) “Urban agricultural producer” means any person that annually sells, o r 1
normally would have sold, $1,000 or more of farm products in an urban area. 2

(g) “Urban area” means an area of the State that is: 3

(1) Delineated as an urban area by the U.S. Census Bureau; or 4

(2) Within the boundaries of a municipal corporation. 5

Article – Environment 6

1–701. 7

(a) (1) In this section the following words have the meanings indicated. 8

(7) “Overburdened community” means any census tract for which three or 9
more of the following environmental health indicators are above the 75th percentile 10
statewide: 11

(i) Particulate matter (PM) 2.5; 12

(ii) Ozone; 13

(iii) National Air Toxics Assessment (NATA) diesel PM; 14

(iv) NATA cancer risk; 15

(v) NATA respiratory hazard index; 16

(vi) Traffic proximity; 17

(vii) Lead paint indicator; 18

(viii) National Priorities List Superfund site proximity; 19

(ix) Risk Management Plan facility proximity; 20

(x) Hazardous waste proximity; 21

(xi) Wastewater discharge indicator; 22

(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 23

(xiii) Percent of the population lacking broadband coverage; 24

(xiv) Asthma emergency room discharges; 25

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(xv) Myocardial infarction discharges; 1

(xvi) Low–birth–weight infants; 2

(xvii) Proximity to emitting power plants; 3

(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 4

(xix) Proximity to a brownfields site; 5

(xx) Proximity to mining operations; and 6

(xxi) Proximity to a hazardous waste landfill. 7

(8) “Underserved community” means any census tract in which, according 8
to the most recent U.S. Census Bureau Survey: 9

(i) At least 25% of the residents qualify as low–income; 10

(ii) At least 50% of the residents identify as nonwhite; or 11

(iii) At least 15% of the residents have limited English proficiency. 12

9–1725.1. 13

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15

(2) “GRANT PROGRAM” MEANS THE WASTED FOOD REDUCTION AND 16
DIVERSION GRANT PROGRAM. 17

(3) “OVERBURDENED COMMUNITY” HAS THE MEANING STAT ED IN § 18
1–701 OF THIS ARTICLE. 19

(4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 20
1–701 OF THIS ARTICLE. 21

(5) “URBAN AGRICULTURAL PRODUCER” HAS THE MEANING STATED 22
IN § 2–2001 OF THE AGRICULTURE ARTICLE. 23

(6) “URBAN FARMER” HAS THE MEANING STATED IN § 2–401 OF THE 24
AGRICULTURE ARTICLE. 25

(B) BEGINNING JULY 1, 2028, THERE IS A WASTED FOOD REDUCTION AND 26
DIVERSION GRANT PROGRAM IN THE DEPARTMENT. 27

8 SENATE BILL 599

(C) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD G RANTS 1
ANNUALLY FOR INFRAST RUCTURE, PROGRAMS, AND EDUCATION THAT R EDUCE, 2
RESCUE, AND DIVERT WASTED FOOD IN THE STATE. 3

(D) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF 4
AGRICULTURE, SHALL: 5

(1) ADMINISTER THE GRANT PROGRAM; AND 6

(2) IDENTIFY AND APPLY FOR FUNDING FOR THE GRANT PROGRAM. 7

(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A GRANT UNDER TH E 8
GRANT PROGRAM: 9

(1) A UNIT OF STATE OR LOCAL GOVERNMENT; 10

(2) A LOCAL EDUCATION AGENCY; 11

(3) AN INSTITUTION OF HIGHER EDUCATION AS DEFINED IN § 10–101 12
OF THE EDUCATION ARTICLE; 13

(4) A NONPROFIT ORGANIZATION; 14

(5) A FARMER, AN URBAN FARMER , OR AN URBAN AGRICULT URAL 15
PRODUCER; 16

(6) A BUSINESS IN THE STATE THAT IS IN GOOD STANDING WITH THE 17
STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 18

(7) A CONSORTIUM OF ANY ENTITIES UNDER THIS SUBSECTION. 19

(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER THE GRANT PROGRAM IF 20
THE PROJECT DEVELOPS, MAINTAINS, OR EXPANDS INFRASTRUCTURE, COLLECTION 21
PROGRAMS, EDUCATION, OR TECHNICAL ASSISTANCE IN THE STATE THAT: 22

(1) REDUCES THE AMOUNT OF WASTED FOOD GENERATED; 23

(2) RESCUES EDIBLE FOOD FOR PURPOSES OF REDISTRIBUTION; 24

(3) RECOVERS WASTED FOOD AS ANIMAL FEED IF TH E FEED IS 25
REGISTERED AND TREATED IN ACCORDANCE WITH REGULATIONS IMPLEMENTED BY 26
THE DEPARTMENT OF AGRICULTURE; 27

SENATE BILL 599 9

(4) COMPOSTS OR RECYCLES FOOD RESIDUALS THAT ARE 1
SEPARATED FROM PACKAGING PRIOR TO C OLLECTION, INCLUDING AT –HOME, 2
COMMUNITY, AND ON–FARM COMPOSTING; OR 3

(5) TRANSITIONS FROM SING LE–USE FOOD SERVICEWARE TO 4
DURABLE AND REUSABLE FOOD SERVICEWARE. 5

(G) IN AWARDING GRANTS UN DER THE GRANT PROGRAM, THE 6
DEPARTMENT, IN CONSU LTATION WITH THE DEPARTMENT OF AGRICULTURE, 7
SHALL PRIORITIZE PROJECTS: 8

(1) FOR WHICH THE APPLICA NT CLEARLY DESCRIBES HOW THE 9
PROJECT WILL: 10

(I) PROVIDE DIRECT , MEANINGFUL, AND ASSURED BENEFITS 11
TO THE COMMUNITY; AND 12

(II) ADDRESS IMPORTANT COMMUNITY NEEDS; 13

(2) THAT PREVENT, RESCUE, AND DIVERT WASTED FO OD WITHIN A 14
LOCAL COMMUNITY; 15

(3) THAT PLAN TO PRODUCE COMPOST THAT MEETS T HE 16
CLASSIFICATION OF “GENERAL USE” UNDER COMAR 15.18.04.05; 17

(4) THAT PLAN TO PRODUCE MINIMALLY CONTAMINATED COMPOST 18
THROUGH: 19

(I) PROCESSING ORGANIC MA TERIALS THAT ARE SEP ARATED 20
FROM PACKAGING PRIOR TO COLLECTION; 21

(II) NOT USING DEPACKAGERS; AND 22

(III) MEETING THE U.S. COMPOSTING COUNCIL’S SEAL OF 23
TESTING ASSURANCE; 24

(5) THAT SERVE AN OVERBURDENED OR UNDERSERVED COMMUNITY; 25

(6) THAT MINIMIZE NEGATIVE IMPACTS TO THE LOC AL COMMUNITY; 26
AND 27

(7) THAT MAXIMIZE BENEFIT S TO THE LOCAL COMMU NITY, 28
INCLUDING: 29

10 SENATE BILL 599

(I) THE CREATION OF JOBS; 1

(II) INCREASING JOB TRAINING; AND 2

(III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 3
PRACTICES THAT ARE INCLUSIVE AND PROVIDE A LIVING WAGE. 4

(H) AN ELIGIBLE PERSON TH AT RECEIVES A GRANT UNDER THE GRANT 5
PROGRAM MAY NOT RECEI VE A GRANT UNDER THE ON–FARM ORGANICS 6
DIVERSION AND RECYCLING GRANT PROGRAM UNDER § 2–109 OF THE 7
AGRICULTURE ARTICLE IN THE SAME CALENDAR YEAR. 8

(I) (1) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT 9
OF AGRICULTURE, SHALL ADOPT REGULATIONS TO IMPLEMENT THIS SECTION. 10

(2) REGULATIONS ADOPTED U NDER THIS SUBSECTION SHALL 11
INCLUDE: 12

(I) A SIMPLE COMMON APPLICATION PROCEDURE; AND 13

(II) FOR ELIGIBLE ENTITIES , A PROCESS TO FACILIT ATE THE 14
PARTICIPATION OF ELI GIBLE ENTITIES THAT HAVE LIMITED RESOURC ES OR 15
LANGUAGE BARRIERS. 16

(J) ON OR BEFORE DECEMBER 31, 2028, AND EACH DECEMBER 31 17
THEREAFTER, THE DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY, IN 18
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON: 19

(1) THE NUMBER AND TYPES OF GRANTS AWARDED; 20

(2) THE IMPACT OF THE GRA NTS ON THE CREATION OF JOBS AND 21
OTHER BENEFITS TO THE STATE; 22

(3) THE IMPACT ON WASTED FOOD PREVENTED , RESCUED, AND 23
DIVERTED FROM DISPOSAL; AND 24

(4) THE IMPACT ON FARMERS , URBAN FARMERS , AND URBAN 25
AGRICULTURAL PRODUCERS IN THE STATE. 26

9–1725.2. 27

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29

SENATE BILL 599 11

(2) “GRANT PROGRAM” MEANS THE COUNTY WASTED FOOD 1
REDUCTION BLOCK GRANT PROGRAM. 2

(3) “OVERBURDENED COMMUNITY” HAS THE MEANING STAT ED IN § 3
1–701 OF THIS ARTICLE. 4

(4) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 5
1–701 OF THIS ARTICLE. 6

(5) “URBAN AGRICULTURAL PRODUCER” HAS THE MEANING STATED 7
IN § 2–2001 OF THE AGRICULTURE ARTICLE. 8

(6) “URBAN FARMER” HAS THE MEANING STATED IN § 2–401 OF THE 9
AGRICULTURE ARTICLE. 10

(B) BEGINNING JULY 1, 2028, THERE IS A COUNTY WASTED FOOD 11
REDUCTION BLOCK GRANT PROGRAM IN THE DEPARTMENT. 12

(C) (1) THE PURPOSE OF THE GRANT PROGRAM IS TO AWARD GRANTS TO 13
COUNTIES ANNUALLY IN AMOUNTS PROPORTIONAL TO EACH COUNTY ’S 14
POPULATION. 15

(2) FUNDS RECEIVED BY A COUNTY UNDER THIS SUBSECTION SHALL 16
FUND PROJECTS TO DEVELOP, MAINTAIN, OR EXPAND INFRASTRUC TURE, 17
PROGRAMS, AND EDUCATION THAT REDUCE, RESCUE, AND DIVERT WASTED FOOD IN 18
THE COUNTY. 19

(D) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF 20
AGRICULTURE, SHALL: 21

(1) ADMINISTER THE GRANT PROGRAM; AND 22

(2) IDENTIFY AND APPLY FOR FUNDING FOR THE GRANT PROGRAM. 23

(E) IN FUNDING PROJECTS UNDER THE GRANT PROGRAM, A COUNTY SHALL 24
PRIORITIZE PROJECTS THAT: 25

(1) PROVIDE DIRECT, MEANINGFUL, AND ASSURED BENEFITS TO THE 26
COMMUNITY; 27

(2) ADDRESS IMPORTANT COMMUNITY NEEDS; 28

(3) PREVENT, RESCUE, AND DIVERT WASTED FO OD WITHIN A LOCAL 29
COMMUNITY; 30
12 SENATE BILL 599

(4) PLAN TO PRODUCE COMPOST THAT MEETS THE CL ASSIFICATION 1
OF “GENERAL USE” UNDER COMAR 15.18.04.05; 2

(5) PLAN TO PRODUCE MINIM ALLY CONTAMINATED CO MPOST 3
THROUGH: 4

(I) PROCESSING ORGANIC MA TERIALS THAT ARE SEP ARATED 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

(6) SERVE AN OVERBURDENED OR UNDERSERVED COMMUNITY; 10

(7) MINIMIZE NEGATIVE IMPACTS TO THE LOCAL COMMUNITY; AND 11

(8) MAXIMIZE BENEFITS TO THE LOCAL COMMUNITY, INCLUDING: 12

(I) THE CREATION OF JOBS; 13

(II) INCREASING JOB TRAINING; AND 14

(III) INCREASING HIRING AND LEADERSHIP DEVELOPME NT 15
PRACTICES THAT ARE INCLUSIVE AND PROVIDE A LIVING WAGE. 16

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.