EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1271*
HOUSE BILL 1271
C5 2lr3218
CF SB 770
By: Delegate R. Lewis
Introduced and read first time: February 11, 2022
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Public Utilities – Homeowner Utility Repair Fund – Establishment 2
FOR the purpose of establishing the Homeowner Utility Repair Fund as a special, 3
nonlapsing fund to offset the costs a low– to middle–income residential customer 4
may incur due to damage caused by a utility company’s routine maintenance, 5
repairs, or upgrades; requiring interest earnings of the Fund to be credited to the 6
Fund; and generally relating to the Homeowner Utility Repair Fund. 7
BY adding to 8
Article – Public Utilities 9
Section 7–315 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – State Finance and Procurement 14
Section 6–226(a)(2)(i) 15
Annotated Code of Maryland 16
(2021 Replacement Volume) 17
BY repealing and reenacting, with amendments, 18
Article – State Finance and Procurement 19
Section 6–226(a)(2)(ii)144. and 145. 20
Annotated Code of Maryland 21
(2021 Replacement Volume) 22
BY adding to 23
Article – State Finance and Procurement 24
Section 6–226(a)(2)(ii)146. 25
Annotated Code of Maryland 26
(2021 Replacement Volume) 27 2 HOUSE BILL 1271
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Public Utilities 3
7–315. 4
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “FUND” MEANS THE HOMEOWNER UTILITY REPAIR FUND. 7
(3) “UTILITY COMPANY ” MEANS AN ELECTRIC CO MPANY, A GAS 8
COMPANY, OR A GAS AND ELECTRI C COMPANY. 9
(B) THERE IS A HOMEOWNER UTILITY REPAIR FUND. 10
(C) THE PURPOSE OF THE FUND IS TO OFFSET THE COSTS A LOW – TO 11
MIDDLE–INCOME RESIDENTIAL C USTOMER MAY INCUR DU E TO DAMAGE CAUSED B Y 12
A UTILITY COMPANY ’S ROUTINE MAINTENANC E, REPAIRS, OR UPGRADES . 13
(D) (1) THE COMMISSION SHALL : 14
(I) ADMINISTER THE FUND; AND 15
(II) DETERMINE THE AMOUNT OF FUNDS TO BE TRANS FERRED 16
ANNUALLY TO THE FUND FROM FEDERAL , STATE, AND LOCAL GOVERNMENT 17
LOW–INCOME WEATHERIZATIO N AND ENERGY ASSISTA NCE PROGRAMS THAT 18
RETAIN UNUSED FUNDS AT THE END OF A STATE FISCAL YEAR , INCLUDING: 19
1. THE ELECTRIC UNIVERSAL SE RVICE PROGRAM 20
ESTABLISHED UNDER § 7–512.1 OF THIS TITLE; 21
2. THE ENERGY ASSISTANCE PROGRAM ESTABLISHED 22
UNDER TITLE 5, SUBTITLE 5A OF THE HUMAN SERVICES ARTICLE; 23
3. THE WEATHERIZATION P ROGRAM DEVELOPED BY THE 24
COMMUNITY DEVELOPME NT ADMINISTRATION UNDER § 4–211 OF THE HOUSING 25
AND COMMUNITY DEVELOPMENT ARTICLE; 26
4. THE U.S. DEPARTMENT OF ENERGY 27
WEATHERIZATION ASSISTANCE PROGRAM; AND 28
HOUSE BILL 1271 3
5. ANY OTHER FEDERAL , STATE, OR LOCAL 1
GOVERNMENT LOW –INCOME PROGRAM THAT PROVIDES WEATHERIZATION AND 2
ENERGY ASSISTANCE TO LOW– TO MIDDLE–INCOME RESIDENTIAL C USTOMERS. 3
(2) THE COMMISSION MAY REQUES T A BUDGET AMENDMENT TO 4
TRANSFER TO THE FUND UNSPENT UNENCUMB ERED MONEY IN THE FU NDS LISTED 5
IN PARAGRAPH (1)(II) OF THIS SUBSECTION A T THE END OF A GIVEN FISCA L YEAR. 6
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 7
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 9
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 10
(F) THE FUND CONSISTS OF : 11
(1) MONEY TRANSFERRED TO THE FUND UNDER SUBSECTION (D) OF 12
THIS SECTION; 13
(2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; 14
(3) INTEREST EARNINGS ; AND 15
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 16
THE BENEFIT OF THE FUND. 17
(G) THE FUND MAY BE USED ONLY TO OFFSET THE COSTS A LOW– TO 18
MIDDLE–INCOME RESIDENTIAL C USTOMER INCURS DUE T O DAMAGE CAUSED BY A 19
UTILITY COMPANY ’S ROUTINE MAINTENANC E, REPAIRS, OR UPGRADES . 20
(H) (1) THE STATE TREASURER SHALL INVE ST THE MONEY OF THE FUND 21
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 22
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 23
THE FUND. 24
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 25
WITH THE STATE BUDGET . 26
(J) MONEY EXPENDED FROM THE FUND IS SUPPLEMENTAL TO AND IS NOT 27
INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 28
APPROPRIATED TO THE FUND. 29
4 HOUSE BILL 1271
Article – State Finance and Procurement 1
6–226. 2
(a) (2) (i) Notwithstanding any other provision of law, and unle ss 3
inconsistent with a federal law, grant agreement, or other federal requirement or with the 4
terms of a gift or settlement agreement, net interest on all State money allocated by the 5
State Treasurer under this section to special funds or accounts, and otherwise entitled to 6
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 7
Fund of the State. 8
(ii) The provisions of subparagraph (i) of this paragraph do not apply 9
to the following funds: 10
144. the Health Equity Resource Community Reserve Fund; 11
[and] 12
145. the Access to Counsel in Evictions Special Fund; AND 13
146. THE HOMEOWNER UTILITY REPAIR FUND. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2022. 16