SB 723
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 723 (Senator Hester)
Education, Health, and Environmental Affairs Environment and Transportation
Maryland Food System Resiliency Council
This emergency bill establishes the Maryland Food System Resiliency Council. The
council must meet regularly for a period of at least two years to address food insecurity in
the State. The bill establishes provisions governing the membership, procedures, and duties
of the council and establishes related requirements for the Director of the Maryland
Emergency Management Agency (MEMA). Council members may not receive
compensation but are entitled to reimbursement for expenses. MEMA and the University
of Maryland College of Agriculture and Natural Resources (UMCANR) must provide staff
for the council, as deemed necessary by the council’s co-chairs.
Fiscal Summary
State Effect: It is assumed that there is no effect in FY 2021. General fund expenditures
increase by $93,000 in FY 2022; future year expenditures reflect ongoing costs. State
revenues are not directly affected but could be indirectly affected to the extent the council
is successful in leveraging additional federal funds to address food insecurity needs.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 93,000 83,800 86,400 89,500 92,700
Net Effect ($93,000) ($83,800) ($86,400) ($89,500) ($92,700)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Any participation in the council by local governments can be handled with
existing resources. Local revenues are not directly affected but could be indirectly affected
to the extent the council is successful in leveraging additional grants to address food
insecurity needs.
Small Business Effect: Minimal direct effect.
 Analysis
Bill Summary: Among other entities, the council consists of representatives from several
State agencies, one member of the Senate, one member of the House, and members
appointed by the Director of MEMA (including a representative of a public school,
specified food council organizations, specified experts, and one farmer, among others). The
Director of MEMA must (1) ensure that all five geographic areas of the State are
represented by the appointed members of the council and (2) appoint a successor in the
event of a vacancy.
The council must be co-chaired by the Director of MEMA (or the director’s designee) and
a member representing a food council organization who is elected, as specified. The
Secretary of Agriculture, the Secretary of Human Services, and the Dean of UMCANR (or
their designees) must co-vice chair the council.
The council must meet regularly for a period of at least two years to address food insecurity
in the State. The council may establish subcommittees, as specified. In addition, the council
must work toward the following goals:
 to address the food insecurity crisis in the State resulting from the COVID-19
pandemic and resulting economic crisis by (1) coordinating State and local level
food insecurity services to support State residents; (2) tracking and analyzing data
to create a comprehensive map of food insecurity across the State and identify the
gaps in service; (3) leveraging federal and private-sector grants and other resources
in order to address food insecurity needs; (4) advising the State on how best to
allocate resources and increase efficiency; and (5) exploring the role of and potential
for the federal Community Eligibility Provision to ensure all students in the State
are fed (and making related recommendations);
 to develop, by November 1, 2021, specified equity and sustainability policy
recommendations to increase the long-term resiliency of the food system, as
specified;
 to expand the impact of existing food council organizations by providing
coordination and facilitation of knowledge exchange at the State level and
supporting identification and application of grants to operating funds to support
existing and new food council organizations as needed; and
 to develop, by November 1, 2021, a strategic plan to increase the production and
procurement of Maryland certified food, as specified.
To advance the goals of the council, the council must engage and collaborate with
interested stakeholders, including residents of the State with lived experience of food
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insecurity and food council organizations and similar local level food system convening
organizations.
By November 1, 2021, the council must submit an interim report to the General Assembly
on key findings and activities undertaken by the council. By November 1, 2022, the council
must submit a report to the General Assembly on the council’s recommendations for a
long-term structure for a statewide food policy council, including providing
recommendations on (1) appropriate policy and legislative changes; (2) potential specified
ways to restructure the council, as specified; and (3) any other recommendations of the
council. By November 1, 2023, and annually thereafter, the council must submit a report
to the General Assembly on key findings and activities undertaken by the council.
Current Law: Several programs in the State address food insecurity issues. Examples of
such programs are described below.
Supplemental Nutrition Assistance Program
The Supplemental Nutrition Assistance Program (SNAP), administered by the Department
of Human Services, assists low-income households to purchase food. A State supplemental
benefit is provided to certain households with seniors, as specified. Chapters 635 and 636
of 2019 created a supplemental SNAP benefit for households with school-aged children
called Summer SNAP. Traditional SNAP benefits are 100% federally funded; the
supplemental benefit for seniors is 100% State funded; and the Summer SNAP benefit is
provided through State funds and local funds.
School Nutrition Programs and the Federal Community Eligibility Provision
The School Breakfast Program and the National School Lunch Program are federally
assisted meal programs for schools. The School Breakfast Program subsidizes public and
participating nonprofit private schools of high school grade or lower and participating
residential child care institutions for breakfast meals served to children. Similarly, the
National School Lunch Program subsidizes public and participating nonprofit private
schools of high school grade or lower and participating residential child care institutions
for lunches served to children. In both programs, federal funds pass through the Maryland
State Department of Education (MSDE) to participating schools and institutions.
The federal Community Eligibility Provision (CEP), part of the federal Healthy,
Hunger-Free Kids Act of 2010, allows schools and local educational agencies with high
poverty rates to provide free breakfast and lunch to all students. Under CEP, all students
are served free lunches and breakfasts, and participating schools and school districts agree
to cover with nonfederal funds any costs of providing free meals to all students above
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amounts provided in federal assistance. Local educational agencies and schools must meet
specified eligibility requirements in order to participate.
Famers’ Market Nutrition Program
The Farmers’ Market Nutrition Program (FMNP), which is funded with federal funds
provided by the U.S. Department of Agriculture (USDA), is administered by the Maryland
Department of Agriculture (MDA) in conjunction with the Maryland Department of Health
(MDH) and the Maryland Department of Aging. USDA gives grants to State agencies to
provide checks to those participating in the Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC) or the Senior Farmers’ Market Nutrition Program
(SFMNP). Checks can be used to buy fresh fruits, vegetables, cut herbs, and honey (for
seniors only) at Maryland farmers markets. Participants in WIC and SFMNP receive
nutrition information and a participant brochure that includes details on the program and
information to assist in the purchase of local, in-season produce.
Maryland Farms and Families Program
The stated purpose of the Maryland Farms and Families Program within MDA is to double
the purchasing power of food-insecure Maryland residents with limited access to fresh
fruits and vegetables and to increase revenue for farmers through redemption of federal
nutrition benefits at Maryland famers markets. Under the program, the Maryland Farms
and Families Fund provides grants to (1) nonprofit organizations that match purchases
made with FMNP, SNAP, and WIC benefits at participating farmers markets; (2) nonprofit
farmers markets to implement the program at the farmers markets; and (3) local nonprofit
organizations to implement the program in partnership with one or more participating local
farmers markets.
Jane Lawton Farm-to-School Program
The stated purpose of the Jane Lawton Farm-to-School Program within MDA is to
(1) promote the sale of farm products grown in the State to schools in consultation with
MSDE; (2) solicit farmers to sell their farm products to Maryland schools; (3) develop and
regularly update a database containing specified information about famers interested in
selling their farm products to Maryland schools; (4) facilitate purchases from farmers by
interested Maryland schools in consultation with specified procurement requirements; and
(5) provide outreach and guidance to farmers concerning the value of and procedure for
selling their farm products to interested Maryland schools.
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Interagency Food Desert Advisory Committee
The Interagency Food Desert Advisory Committee within the Department of Housing and
Community Development (DHCD) must (1) advise and make recommendations to DHCD
on the development and adoption of regulations related to food desert projects; (2) make
recommendations to the Secretary of Housing and Community Development on
applications for designating an area as a food desert; and (3) make recommendations for
interagency coordination to reduce the number of food deserts and promote healthy food
access for Maryland neighborhoods. The Secretary of Housing and Community
Development, on the recommendation of the committee, is authorized to designate an area
as a food desert.
State Expenditures: General fund expenditures for MEMA increase by $93,015 in
fiscal 2022, which assumes a July 1, 2021 implementation date. (It is assumed that there is
no effect in fiscal 2021, despite the emergency status of the bill.) This estimate reflects the
cost of hiring one program manager to staff the council, assist the council in working
toward its stated goals, collaborate with stakeholders, and submit the required reports. It
includes a salary, fringe benefits, one-time start-up costs, and ongoing operating expenses.
The need for staff is based largely on the bill’s requirement that the council meet regularly
and the breadth of the council’s stated goals. To the extent the work of the council is less
involved, a part-time position may be sufficient.
Position 1.0
Salary and Fringe Benefits $87,270
Operating Expenses 5,745
Total FY 2022 MEMA Expenditures $93,015
Future year expenditures reflect a salary with annual increases and employee turnover and
ongoing operating expenses. Because there is no termination date for the council, this
analysis assumes that ongoing staff support is necessary. The University System of
Maryland advises that UMCANR can provide staff for the council with existing resources.
Other State agencies represented on the council advise that they can participate in the
council using existing budgeted resources. Any expense reimbursements for council
members are assumed to be minimal and absorbable within existing budgeted resources.
Additional Information
Prior Introductions: None.
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Designated Cross File: HB 831 (Delegate Charkoudian) - Environment and
Transportation.
Information Source(s): Department of Commerce; Maryland State Department of
Education; University System of Maryland; Maryland Department of Agriculture;
Maryland Department of Health; Military Department; U.S. Department of Agriculture;
Department of Legislative Services
Fiscal Note History: First Reader - February 17, 2021
an/lgc Third Reader - April 6, 2021
Revised - Amendment(s) - April 6, 2021
Analysis by: Thomas S. Elder Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 723/ Page 6


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