In this subtitle the following words have the meanings indicated. “Certified Chesapeake invasive species” means a finfish species that is: ranked as high priority in the Maryland Aquatic Nuisance Species Management Plan; and harvested from the Chesapeake Bay or its tributaries. “Certified Chesapeake invasive species provider” means a person licensed and authorized as a seafood dealer under § 4–701 of the Natural Resources Article that: is certified by the Department in accordance with regulations adopted under this subtitle; and can demonstrate that the person’s product is a certified Chesapeake invasive species. “Certified local farm” means a local farm enterprise that: meets the nutrient management requirements established under Title 8, Subtitle 8 of the Agriculture Article; and is certified by the Department in accordance with regulations adopted under this subtitle. “Department” means the Department of Agriculture. “Office” means the Office for the Certified Local Farm and Fish Program. “Program” means the Certified Local Farm and Fish Program.

There is an Office for the Certified Local Farm and Fish Program in the Department. The purpose of the Office is to administer the Program and facilitate the participation of certified local farms and certified Chesapeake invasive species providers in the Program. There is a Certified Local Farm and Fish Program in the Office. The purpose of the Program is to encourage each unit to try to achieve an overall percentage goal of 20% of the unit’s total dollar value of procurement contracts for food from certified local farms and certified Chesapeake invasive species providers. The Department shall create two positions to provide staff for the Office. The Department, along with the Department of General Services, shall coordinate with the State Department of Education to procure local food for local school systems in accordance with § 7–137 of the Education Article.

Each unit shall structure procurement procedures, consistent with the purposes of this subtitle, to try to achieve an overall percentage goal of 20% of the unit’s total dollar value of procurement contracts for food being made directly or indirectly to certified local farms and certified Chesapeake invasive species providers. A unit may achieve the 20% goal through: competitive sealed bids and proposals; and small procurement in accordance with § 13–109 of this article. For procurements conducted by competitive sealed bidding, a unit shall award the contract to the responsible bidder that submits the responsive bid that: has the lowest bid price; has the lowest evaluated bid price; or for procurements subject to § 11–202(3) of this article, is the bid most favorable to the State; and meets or makes a good faith effort to meet any applicable goal established under this subtitle. For procurements conducted by competitive sealed proposals, a unit shall award the contract to the responsible offeror: proposing the most advantageous offer; and that meets or makes a good faith effort to meet any applicable goal established under this subtitle. The Office, in consultation with the Secretary of Agriculture, shall establish guidelines for each unit to consider when determining the appropriate local farm and Chesapeake invasive species provider participation percentage goal for a procurement contract for food in accordance with subsection (c) of this section. Each unit shall: consider the practical severability of all procurement contracts for food and, in accordance with § 11–201 of this article, may not bundle contracts; implement a program that will enable the unit to evaluate each procurement contract for food to determine the appropriate local farm and Chesapeake invasive species provider participation goals, if any, for the contract based on: the availability of certified local farms and certified Chesapeake invasive species providers to respond competitively to contract opportunities; and the contract goal guidelines established under subsection (b) of this section; monitor and collect data with respect to a unit’s compliance with contract goals, including explanations for failing to meet contract goals; and institute corrective action when a unit does not make good faith efforts to comply with contract goals. The Office shall, in consultation with the Secretary of Agriculture, establish procedures governing how the participation of certified local farms and certified Chesapeake invasive species providers is counted toward contract goals under the Program. If a unit does not achieve the certified local farm and certified Chesapeake invasive species provider participation goals on a procurement contract for food, the unit shall demonstrate to the Office that the unit took all necessary and reasonable steps to achieve the goals. A waiver of any part of the certified local farm and certified Chesapeake invasive species provider goals for a procurement contract for food shall be granted if a unit provides to the Office a reasonable demonstration of good faith efforts to achieve the goals. The Office may waive any of the requirements of this subsection relating to the establishment, use, and waiver of certified local farm and certified Chesapeake invasive species provider goals for a sole source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of those requirements. Except for waivers granted in accordance with paragraph (2) of this subsection, when a waiver determination is made, the Office shall issue the determination in writing. On or before October 31 each year, the Office shall submit directly to the Board an annual report of waivers requested and waivers granted under this subsection. The report required under paragraph (4) of this subsection shall contain the following information on those procurement contracts for food where the Office considered a unit’s request for waiver of all or a portion of the local farm and Chesapeake invasive species provider goals: the contract titles, numbers, and dates; the number of waiver requests received; the number of waiver requests granted; and any other information specifically requested by the Board. The Board shall keep a record of information regarding any waivers requested in accordance with this section and submit a copy of the record to the Senate Committee on Education, Energy, and the Environment and the House Health and Government Operations Committee on or before December 31 each year, in accordance with § 2–1257 of the State Government Article.

In accordance with Title 10, Subtitle 1 of the State Government Article, the Office shall adopt regulations to implement this subtitle. The regulations shall establish procedures to be followed by units, certified local farms and certified Chesapeake invasive species providers, and successful bidders or offerors to maximize notice to, and the opportunity to participate in the food procurement process by, a broad range of local farms and Chesapeake invasive species providers. The regulations shall include provisions: designating the Office to certify and decertify local farms and Chesapeake invasive species providers for all units through a single process, including provisions that promote and facilitate the submission of some or all of the certification application through an electronic process; specifying that a unit may not allow a local farm or Chesapeake invasive species provider to participate as if it were a certified local farm or certified Chesapeake invasive species provider if the local farm’s or Chesapeake invasive species provider’s certification is pending; consistent with this subtitle, relating to any circumstances under which the Office may waive obligations of a unit relating to certified local farm and certified Chesapeake invasive species provider participation goals; and that the Office considers necessary or appropriate to: encourage participation by local farms and Chesapeake invasive species providers; and protect the integrity of the procurement process.

In the same manner and with the same fees as provided by law in civil cases, in a matter regarding the decertification of a certified local farm or certified Chesapeake invasive species provider, the Office may: subpoena witnesses; administer oaths; and compel the production of records, books, papers, and other documents. If a person fails to comply with a subpoena issued under subsection (a) of this section, or fails to produce documents or other evidence, on petition of the Office, a court of competent jurisdiction may pass an order directing compliance with the subpoena or compelling the production of documents or other evidence. The Office shall make available a fraud hotline for reporting violations of this section.

Within 90 days after the end of the fiscal year, each unit shall report to the Office. A report under this section for the preceding fiscal year shall: state the total number and value of procurement contracts for food between the unit and certified local farms and certified Chesapeake invasive species providers; indicate the percentage that those procurement contracts for food represent of the total number and value of procurement contracts for food awarded by a unit; state the total number and the names of certified local farms and certified Chesapeake invasive species providers that participated in procurement contracts for food awarded by a unit; for each certified local farm or certified Chesapeake invasive species provider included in the report under item (3) of this subsection, list all procurement contracts for food awarded by a unit to the certified local farm or certified Chesapeake invasive species provider, including a description of the contract; and contain other such information as required by the Office, subject to approval by the Board. A report under this section shall be: in a form prescribed by the Office; and approved by the Board. On or before December 31, 2023, and each December 31 thereafter, the Office shall submit a consolidated report to the Senate Committee on Education, Energy, and the Environment and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, on Program implementation and participation.

The Department shall develop and maintain a directory of all certified local farms and certified Chesapeake invasive species providers. The directory shall be accessible to the public on the Department’s website. The Department shall include the following information for each certified local farm and certified Chesapeake invasive species provider included in the directory: all contract information available to the Department for the certified local farm or certified Chesapeake invasive species provider; the certification number of the certified local farm or certified Chesapeake invasive species provider; and any other information the Department considers necessary or appropriate to encourage participation in the procurement process by local farms and Chesapeake invasive species providers. The Department shall: update the directory at least once a year; and identify as recently certified in the directory each local farm and Chesapeake invasive species provider that has obtained certification during the calendar year.

There is a Certified Local Farm and Fish Food Aggregation Grant Fund. The purpose of the Fund is to support the creation of food aggregation, storage, processing, and distribution sites across the State through grants and near–equity investments. The Maryland Agricultural and Resource–Based Industry Development Corporation shall administer the Fund. The Fund consists of: money appropriated in the State budget to the Fund; principal that is repaid from near–equity investments; and any other money from any other source accepted for the benefit of the Fund. The Fund may be used only for establishing and operating food aggregation, storage, processing, and distribution sites across the State through grants and near–equity investments.