SENATE BILL 723
E4, M4 EMERGENCY BILL 1lr2068
CF HB 831
By: Senator Hester
Introduced and read first time: February 5, 2021
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
1 AN ACT concerning
2 Maryland Food System Resiliency Council
3 FOR the purpose of establishing the Maryland Food System Resiliency Council; providing
4 for the composition, co–chairs, co–vice chairs, and staffing of the Council; providing
5 that a member of the Council may not receive compensation but may be reimbursed
6 for certain expenses; authorizing the Council to establish certain subcommittees;
7 specifying the duties of the Council; requiring the Council to submit certain reports
8 to the General Assembly on or before certain dates; making this Act an emergency
9 measure; defining certain terms; and generally relating to the Maryland Food
10 System Resiliency Council.
11 BY adding to
12 Article – Public Safety
13 Section 14–1101 through 14–1103 to be under the new subtitle “Subtitle 11.
14 Maryland Food System Resiliency Council”
15 Annotated Code of Maryland
16 (2018 Replacement Volume and 2020 Supplement)
17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
18 That the Laws of Maryland read as follows:
19 Article – Public Safety
20 SUBTITLE 11. MARYLAND FOOD SYSTEM RESILIENCY COUNCIL.
21 14–1101.
22 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
23 INDICATED.
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0723*
2 SENATE BILL 723
1 (B) “COUNCIL” MEANS THE MARYLAND FOOD SYSTEM RESILIENCY
2 COUNCIL.
3 (C)“DIRECTOR” MEANS THE DIRECTOR OF THE MARYLAND EMERGENCY
4 MANAGEMENT AGENCY.
5 (D) “FOOD COUNCIL ORGANIZATION” MEANS A LOCAL FOOD COUNCIL
6 ORGANIZATION THAT IS ESTABLISHED IN THE STATE.
7 14–1102.
8 (A) THERE IS A MARYLAND FOOD SYSTEM RESILIENCY COUNCIL.
9 (B) THE COUNCIL CONSISTS OF THE FOLLOWING MEMBERS:
10 (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
11 PRESIDENT OF THE SENATE;
12 (2)ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
13 SPEAKER OF THE HOUSE;
14 (3) THE DIRECTOR, OR THE DIRECTOR’S DESIGNEE;
15 (4) THE SECRETARY OF HUMAN SERVICES, OR THE SECRETARY’S
16 DESIGNEE;
17 (5) THE SECRETARY OF AGRICULTURE, OR THE SECRETARY’S
18 DESIGNEE;
19 (6) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE;
20 (7) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S
21 DESIGNEE;
22 (8)THE EXECUTIVE DIRECTOR OF THE MARYLAND FARM BUREAU,
23 OR THE EXECUTIVE DIRECTOR’S DESIGNEE;
24 (9) THE EXECUTIVE DIRECTOR OF THE MARYLAND AGRICULTURAL
25 AND RESOURCE–BASED INDUSTRY DEVELOPMENT CORPORATION, OR THE
26 EXECUTIVE DIRECTOR’S DESIGNEE;
27 (10) THE DEAN OF THE UNIVERSITY OF MARYLAND COLLEGE OF
SENATE BILL 723 3
1 AGRICULTURE AND NATURAL RESOURCES, OR THE DEAN’S DESIGNEE; AND
2 (11) THE FOLLOWING MEMBERS APPOINTED BY THE DIRECTOR:
3 (I)FIVE REPRESENTATIVES OF FIVE DIFFERENT FOOD
4 COUNCIL ORGANIZATIONS WHO ARE RECOMMENDED BY MEMBERS OF FOOD
5 COUNCIL ORGANIZATIONS;
6 (II) ONE REPRESENTATIVE OF THE UNIVERSITY OF MARYLAND
7 EXTENSION;
8 (III) ONE REPRESENTATIVE OF THE UNIVERSITY OF MARYLAND
9 EASTERN SHORE SMALL FARM PROGRAM;
10 (IV) ONE REPRESENTATIVE OF THE HARRY R. HUGHES CENTER
11 FOR AGRO–ECOLOGY;
12 (V)
ONE REPRESENTATIVE OF A PUBLIC SCHOOL SYSTEM IN
13 THE STATE WHO HAS EXPERIENCE IN FOOD SECURITY AND LOCAL FOOD
14 PROCUREMENT;
15 (VI)
ONE REPRESENTATIVE OF A STATEWIDE FOOD SECURITY
16 ADVOCACY ORGANIZATION;
17 (VII) ONE FARMER IN THE STATE;
18 (VIII) ONE OWNER OF A FOOD BUSINESS IN THE STATE;
19 (IX) ONE EXPERT IN FOOD SYSTEM POLICY;
20 (X) ONE EXPERT ON RACIAL EQUITY IN THE FOOD SYSTEM;
21 (XI) ONE EXPERT ON FOOD SYSTEM IMPACTS ON CLIMATE AND
22 THE ENVIRONMENT;
23 (XII) ONE EXPERT ON FOOD NUTRITION AND PUBLIC HEALTH;
24 AND
25 (XIII) ANY OTHER INDIVIDUAL THAT THE DIRECTOR DEEMS
26 APPROPRIATE.
27 (C) THE DIRECTOR SHALL:
4 SENATE BILL 723
1 (1)ENSURE THAT ALL FIVE GEOGRAPHIC AREAS OF THE STATE ARE
2 REPRESENTED BY THE APPOINTED MEMBERS OF THE COUNCIL; AND
3 (2) APPOINT A SUCCESSOR IN THE EVENT OF A VACANCY ON THE
4 COUNCIL.
5 (D) (1) (I) THE TERM OF A MEMBER OF THE COUNCIL APPOINTED BY
6 THE DIRECTOR IS 3 YEARS.
7 (II)
AN APPOINTED MEMBER MAY NOT SERVE FOR MORE THAN
8 2 CONSECUTIVE THREE YEAR TERMS.
9 (2) AT THE END OF A TERM, A MEMBER CONTINUES TO SERVE UNTIL
10 A SUCCESSOR IS APPOINTED AND QUALIFIES.
11 (3) A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN SHALL
12 SERVE FOR THE REST OF THE TERM OR UNTIL A SUCCESSOR IS APPOINTED AND
13 QUALIFIES.
14 (E) A MEMBER OF THE COUNCIL:
15 (1) MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE
16 COUNCIL; BUT
17 (2) IS ENTITLED TO REIMBURSEMENT FOR EXPENSES UNDER THE
18 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
19 (F) A MAJORITY OF THE MEMBERS THEN SERVING ON THE COUNCIL IS A
20 QUORUM.
21 (G) (1) (I) THE DIRECTOR, OR THE DIRECTOR’S DESIGNEE, AND ONE
22 MEMBER REPRESENTING A FOOD COUNCIL ORGANIZATION WHO IS ELECTED IN
23 ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL CO–CHAIR THE
24 COUNCIL.
25 (II)
AT THE FIRST MEETING OF EACH YEAR, THE COUNCIL
26 SHALL ELECT A CO–CHAIR FROM AMONG THE FIVE COUNCIL MEMBERS
27 REPRESENTING FOOD COUNCIL ORGANIZATIONS FOR A TERM OF 1 YEAR.
28 (2)THE SECRETARY OF AGRICULTURE, OR THE SECRETARY’S
29 DESIGNEE, THE SECRETARY OF HUMAN SERVICES, OR THE SECRETARY’S
30 DESIGNEE, AND THE DEAN OF THE UNIVERSITY OF MARYLAND COLLEGE OF
31 AGRICULTURE AND NATURAL RESOURCES, OR THE DEAN’S DESIGNEE SHALL
SENATE BILL 723 5
1 CO–VICE CHAIR THE COUNCIL.
2 (H) (1) THE COUNCIL MAY ESTABLISH SUBCOMMITTEES TO PROVIDE
3 TECHNICAL ASSISTANCE TO THE COUNCIL.
4 (2) THE COUNCIL MAY ESTABLISH SUBCOMMITTEE TOPICS AND
5 MEMBERSHIP AS THE COUNCIL DEEMS APPROPRIATE.
6 (I) THE MARYLAND EMERGENCY MANAGEMENT AGENCY AND THE
7 UNIVERSITY OF MARYLAND COLLEGE OF AGRICULTURE AND NATURAL
8 RESOURCES SHALL PROVIDE STAFF FOR THE COUNCIL, AS DEEMED NECESSARY BY
9 THE CO–CHAIRS.
10 14–1103.
11 (A) THE COUNCIL SHALL:
12 (1) MEET REGULARLY FOR A PERIOD OF AT LEAST 2 YEARS TO
13 ADDRESS FOOD INSECURITY IN THE STATE; AND
14 (2) WORK TOWARD THE FOLLOWING GOALS:
15 (I)
TO ADDRESS THE FOOD INSECURITY CRISIS IN THE STATE
16 RESULTING FROM THE COVID–19 PANDEMIC AND RESULTING ECONOMIC CRISIS
17 BY:
18 1. COORDINATING STATE AND LOCAL LEVEL FOOD
19 INSECURITY SERVICES TO SUPPORT RESIDENTS OF THE STATE;
20 2.
TRACKING AND ANALYZING DATA TO CREATE A
21 COMPREHENSIVE MAP OF FOOD INSECURITY ACROSS THE STATE AND IDENTIFY THE
22 GAPS IN SERVICE;
23 3.
LEVERAGING FEDERAL AND PRIVATE SECTOR
24 GRANTS AND OTHER RESOURCES IN ORDER TO ADDRESS FOOD INSECURITY NEEDS;
25 4.
ADVISING THE STATE ON HOW BEST TO ALLOCATE
26 RESOURCES AND INCREASE EFFICIENCY; AND
27 5. A.
EXPLORING THE ROLE OF AND POTENTIAL FOR
28 THE FEDERAL COMMUNITY ELIGIBILITY PROVISION TO ENSURE ALL STUDENTS IN
29 THE STATE ARE FED; AND
6 SENATE BILL 723
1 B. MAKING RECOMMENDATIONS TO THE MARYLAND
2 STATE DEPARTMENT OF EDUCATION AND THE MARYLAND GENERAL ASSEMBLY TO
3 IMPLEMENT RELEVANT FINDINGS UNDER ITEM A. OF THIS ITEM;
4 (II) TO DEVELOP, ON OR BEFORE NOVEMBER 1, 2021, EQUITY
5 AND SUSTAINABILITY POLICY RECOMMENDATIONS TO INCREASE THE LONG–TERM
6 RESILIENCY OF THE FOOD SYSTEM, INCLUDING:
7 1. ADDRESSING AND ELIMINATING RACIAL INEQUITIES
8 IN THE FOOD SYSTEM;
9 2. ADDRESSING AND ELIMINATING DIET–RELATED
10 PUBLIC HEALTH DISPARITIES;
11 3. ADDRESSING AND ELIMINATING FOOD DESERTS; AND
12 4. REDUCING FOOD WASTE, INCREASING RECYCLING,
13 AND ENCOURAGING OTHER RELEVANT ENVIRONMENTAL IMPACTS;
14 (III) TO EXPAND THE IMPACT OF EXISTING FOOD COUNCIL
15 ORGANIZATIONS BY:
16 1.
PROVIDING COORDINATION AND FACILITATION OF
17 KNOWLEDGE EXCHANGE AT THE STATE LEVEL; AND
18 2. SUPPORTING IDENTIFICATION AND APPLICATION OF
19 GRANTS TO OPERATING FUNDS TO SUPPORT EXISTING AND NEW FOOD COUNCIL
20 ORGANIZATIONS AS NEEDED; AND
21 (IV)TO DEVELOP, ON OR BEFORE NOVEMBER 1, 2021, A
22 STRATEGIC PLAN TO INCREASE THE PRODUCTION AND PROCUREMENT OF
23 MARYLAND CERTIFIED FOOD, INCLUDING:
24 1. INCREASING THE QUALITY AND QUANTITY OF
25 PRODUCTION, AS WELL AS AGGREGATION, MARKETING, AND DISTRIBUTION OF
26 LOCAL FOOD IN URBAN, SUBURBAN, AND RURAL SETTINGS;
27 2.INCREASING PROCUREMENT OF LOCAL FOOD
28 THROUGH SCHOOLS, UNIVERSITIES, AND OTHER INSTITUTIONS;
29 3.CREATING ADDITIONAL MARKET OPPORTUNITIES
30 FOR MARYLAND FOOD BUSINESSES; AND
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1 4.
EXPANDING ACCESS TO SMALL SCALE
2 MANUFACTURING AND FOOD PRODUCTION INFRASTRUCTURE.
3 (B)TO ADVANCE THE GOALS OF THE COUNCIL, THE COUNCIL SHALL
4 ENGAGE AND COLLABORATE WITH INTERESTED STAKEHOLDERS, INCLUDING:
5 (1) RESIDENTS OF THE STATE WITH LIVED EXPERIENCE OF FOOD
6 INSECURITY; AND
7 (2)
FOOD COUNCIL ORGANIZATIONS AND SIMILAR LOCAL LEVEL
8 FOOD SYSTEM CONVENING ORGANIZATIONS.
9 (C) (1)ON OR BEFORE NOVEMBER 1, 2021, THE COUNCIL SHALL SUBMIT
10 AN INTERIM REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257
11 OF THE STATE GOVERNMENT ARTICLE, ON KEY FINDINGS AND ACTIVITIES
12 UNDERTAKEN BY THE COUNCIL.
13 (2)ON OR BEFORE NOVEMBER 1, 2022, THE COUNCIL SHALL SUBMIT
14 A REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE
15 STATE GOVERNMENT ARTICLE, ON THE COUNCIL’S RECOMMENDATIONS FOR A
16 LONG TERM STRUCTURE FOR A STATEWIDE FOOD POLICY COUNCIL INCLUDING
17 PROVIDING RECOMMENDATIONS ON:
18 (I) APPROPRIATE POLICY AND LEGISLATIVE CHANGES;
19 (II) POTENTIAL WAYS TO RESTRUCTURE THE COUNCIL SUCH AS:
20 1. PLACING THE COUNCIL WITHIN A DIFFERENT
21 AGENCY OR ORGANIZATION; AND
22 2. ENACTING A SUNSET PROVISION FOR THE COUNCIL;
23 AND
24 (III) ANY OTHER RECOMMENDATIONS OF THE COUNCIL.
25 (3) ON OR BEFORE NOVEMBER 1, 2023, AND EACH YEAR
26 THEREAFTER, THE COUNCIL SHALL SUBMIT A REPORT TO THE GENERAL
27 ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE,
28 ON KEY FINDINGS AND ACTIVITIES UNDERTAKEN BY THE COUNCIL.
29 SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
30 measure, is necessary for the immediate preservation of the public health or safety, has
31 been passed by a yea and nay vote supported by three–fifths of all the members elected to
32 each of the two Houses of the General Assembly, and shall take effect from the date it is
8 SENATE BILL 723
1 enacted.

Statutes affected:
Text - First - Maryland Food System Resiliency Council: 14-1101 Public Safety, 14-1102 Public Safety, 14-1103 Public Safety