EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
*hb0031*
HOUSE BILL 31
M5, C5 2lr0806
(PRE–FILED) CF SB 256
By: Delegate Charkoudian
Requested: October 18, 2021
Introduced and read first time: January 12, 2022
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 3, 2022
CHAPTER ______
AN ACT concerning 1
Maryland Energy Administration – Resiliency Hub Grant Program and Fund 2
FOR the purpose of establishing the Resiliency Hub Grant Program in the Maryland 3
Energy Administration; requiring the Administration to establish certain procedures 4
and criteria for the Program; establishing the Resiliency Hub Grant Program Fund 5
as a special, nonlapsing fund; requiring interest earnings of the Resiliency Hub 6
Grant Program Fund to be credited to the Resiliency Hub Grant Program Fund; 7
requiring that certain fines and penalties be credited to the Resiliency Hub Grant 8
Program Fund rather than the Gener al Fund of the State; requiring the 9
Administration to provide certain Maryland Strategic Energy Investment Fund 10
funding to the Resiliency Hub Grant Program Fund; and generally relating to the 11
Resiliency Hub Grant Program and Fund. 12
BY repealing and reenacting, without amendments, 13
Article – Public Utilities 14
Section 2–110.1(a) and (b) and 7–306.2(a)(1) and (3) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Public Utilities 19
Section 2–110.1(c) and 13–201 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2021 Supplement) 22 2 HOUSE BILL 31
BY repealing and reenacting, without amendments, 1
Article – State Finance and Procurement 2
Section 6–226(a)(2)(i) 3
Annotated Code of Maryland 4
(2021 Replacement Volume) 5
BY repealing and reenacting, with amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(ii)144. and 145. 8
Annotated Code of Maryland 9
(2021 Replacement Volume) 10
BY adding to 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)146. 13
Annotated Code of Maryland 14
(2021 Replacement Volume) 15
BY adding to 16
Article – State Government 17
Section 9–2010, 9–2011, and 9–20B–05(f)(11) 18
Annotated Code of Maryland 19
(2021 Replacement Volume) 20
BY repealing and reenacting, with amendments, 21
Article – State Government 22
Section 9–20B–05(f)(10) and (11) 23
Annotated Code of Maryland 24
(2021 Replacement Volume) 25
BY repealing and reenacting, without amendments, 26
Article – State Government 27
Section 9–20B–05(i) 28
Annotated Code of Maryland 29
(2021 Replacement Volume) 30
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That the Laws of Maryland read as follows: 32
Article – Public Utilities 33
2–110.1. 34
(a) There is a Public Utility Regulation Fund. 35
(b) The Fund consists of: 36 HOUSE BILL 31 3
(1) all revenue received through the imposition and collection of 1
assessments under § 2–110 of this subtitle; 2
(2) fees received by the Commission under § 2–123 of this subtitle for 3
filings and for other services rendered by the Commission; 4
(3) income from investments that the State Treasurer makes for the Fund; 5
and 6
(4) any other fee, examination assessment, or revenue received by the 7
Commission under this division. 8
(c) Notwithstanding subsection (b) of this section, the Commission shall pay all 9
fines and penalties collected by the Commission under this article into the [General Fund 10
of the State] RESILIENCY HUB GRANT PROGRAM FUND ESTABLISHED UNDE R § 11
9–2011 OF THE STATE GOVERNMENT ARTICLE. 12
7–306.2. 13
(a) (1) In this section the following words have the meanings indicated. 14
(3) “Community solar energy generating system” means a solar energy 15
system that: 16
(i) is connected to the electric distribution grid serving the State; 17
(ii) is located in the same electric service territory as its subscribers; 18
(iii) is attached to the electric meter of a subscriber or is a separate 19
facility with its own electric meter; 20
(iv) credits its generated electricity, or the value of its generated 21
electricity, to the bills of the subscribers to that system through virtual net energy 22
metering; 23
(v) has at least two subscribers but no limit to the maximum number 24
of subscribers; 25
(vi) does not have subscriptions larger than 200 kilowatts 26
constituting more than 60% of its subscriptions; 27
(vii) has a generating capacity that does not exceed 2 megawatts as 28
measured by the alternating current rating of the system’s inverter; and 29
(viii) may be owned by any person. 30
4 HOUSE BILL 31
13–201. 1
(a) This section does not apply to a violation of the following provisions of this 2
article: 3
(1) Title 5, Subtitle 4; 4
(2) Title 7, Subtitle 1; 5
(3) § 7–213 as it applies to electric cooperatives; 6
(4) Title 8, Subtitles 1 and 3; 7
(5) Title 9, Subtitle 3; and 8
(6) Title 8, Subtitle 4. 9
(b) (1) Except as provided in paragraph (2) of this subsection, the Commission 10
may impose a civil penalty not exceeding $25,000 against a person who violates a provision 11
of this division, or an effective and outstanding direction, ruling, order, rule, or regulation 12
of the Commission. 13
(2) The civil penalty that the Commission may impose on a common carrier 14
for each violation may not exceed $2,500. 15
(c) (1) A civil penalty may be imposed in addition to any other penalty 16
authorized by this division. 17
(2) Each violation is a separate offense. 18
(3) Each day or part of a day the violation continues is a separate offense. 19
(d) The Commission shall determine the amount of any civil penalty after 20
considering: 21
(1) the number of previous violations of any provision of this article; 22
(2) the gravity of the current violation; 23
(3) the good faith efforts of the violator in attempting to achieve compliance 24
after notification of the violation; and 25
(4) any other matter that the Commission considers appropriate and 26
relevant. 27
(e) (1) Except as provided in paragraphs (2) and (3) of this subsection, a civil 28
penalty collected under this section shall be paid into the [General Fund of the State] 29 HOUSE BILL 31 5
RESILIENCY HUB GRANT PROGRAM FUND ESTABLISHED UNDE R § 9–2011 OF THE 1
STATE GOVERNMENT ARTICLE. 2
(2) A civil penalty assessed for a violation of a service quality and reliability 3
standard under § 7–213 of this article shall be paid into the Electric Reliability Remediation 4
Fund under § 7–213(j) of this article. 5
(3) A civil penalty assessed for a violation of § 7–505(b)(7), § 7–507, § 6
7–603, § 7–604, or § 7–606 of this article, or a rule, an order, or a regulation adopted under 7
any of those sections, shall be paid into the Retail Choice Customer Education and 8
Protection Fund under § 7–310 of this article. 9
Article – State Finance and Procurement 10
6–226. 11
(a) (2) (i) Notwithstanding any other provision of law, and unless 12
inconsistent with a federal law, grant agreement, or other federal requirement or with the 13
terms of a gift or settlement agreement, net interest on all State money allocated by the 14
State Treasurer under this section to special funds or accounts, and otherwise entitled to 15
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 16
Fund of the State. 17
(ii) The provisions of subparagraph (i) of this paragraph do not apply 18
to the following funds: 19
144. the Health Equity Resource Community Reserve Fund; 20
[and] 21
145. the Access to Counsel in Evictions Special Fund; AND 22
146. THE RESILIENCY HUB GRANT PROGRAM FUND. 23
Article – State Government 24
9–2010. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(2) “EXTENDED GRID OUTAGE ” MEANS A PLANNED OR U NPLANNED 28
GRID OUTAGE LASTING MORE THAN 4 HOURS. 29
(3) “LOW–INCOME” MEANS A HOUSEHOLD WITH AN ANNUAL 30
ADJUSTED GROSS INCOM E AT OR BELOW 175% OF THE FEDERAL POVER TY LEVEL. 31
6 HOUSE BILL 31
(4) “MICROGRID” MEANS TECHNOLOGY THA T: 1
(I) COMBINES CLEAN , DISTRIBUTED POWER GE NERATION 2
WITH ADVANCED CONTRO L EQUIPMENT; AND 3
(II) ENABLES PORTIONS O F THE ELECTRIC GRID TO REMAIN 4
ONLINE WHEN THE WIDE R GRID IS DOWN. 5
(5) “MODERATE–INCOME” MEANS A HOUSEHOLD WI TH AN ANNUAL 6
ADJUSTED GROSS INCOM E AT OR BELOW 80% OF THE LOCAL MEDIAN INCOME, AS 7
DETERMINED BY THE LA TEST MARYLAND DEPARTMENT OF HOUSING AND 8
COMMUNITY DEVELOPMENT “INCOME LIMITS” DOCUMENT . 9
(6) “PROGRAM” MEANS THE RESILIENCY HUB GRANT PROGRAM. 10
(7) “RESILIENCY HUB ” MEANS A LOCATION WHE RE SOLAR 11
PHOTOVOLTAIC AND BAT TERY ENERGY STORAGE ARE DESIGNED TO PROV IDE 12
ELECTRICITY TO MEET COMMUNITY NEEDS DURING EXTENDED GRID OUTAGES, 13
INCLUDING PROVIDING : 14
(I) EMERGENCY HEATING AN D COOLING; 15
(II) REFRIGERATION OF TEM PERATURE–SENSITIVE 16
MEDICATIONS ; 17
(III) OUTLETS OR OTHER PLU G POWER OPTIONS FOR CHARGING 18
CELL PHONE AND COMPU TER BATTERIES ; AND 19
(IV) VENTILATION AND EMER GENCY LIGHTING . 20
(B) THERE IS A RESILIENCY HUB GRANT PROGRAM IN THE 21
ADMINISTRATION . 22
(C) THE PURPOSE OF THE PROGRAM IS TO DEVELOP RESILIENCY HUBS 23
THAT SERVE LOW –INCOME AND MODERATE –INCOME HOUSEHOLDS AT NO COST TO 24
THE HOUSEHOLDS . 25
(D) (1) BY REGULATION , THE ADMINISTRATION SHALL SET THE TERMS 26
AND CONDITIONS FOR T HE ISSUANCE OF GRANT S UNDER THE PROGRAM 27
CONSISTENT WITH THIS SUBTITLE. 28
(2) THE REGULATIONS SHALL INCLUDE: 29
HOUSE BILL 31 7
(I) A COMPETITIVE APPLIC ATION PROCESS FOR TH E 1
PROGRAM; AND 2
(II) CRITERIA AND PROCEDU RES FOR AWARDING GRA NTS TO 3
ELIGIBLE RECIPIENTS THAT GIVE PRIORITY T O AWARDING GRANTS TO PROJECTS 4
FOR MICROGRIDS THAT : 5
1. USE A COMMUNITY SOLA R ENERGY GENERATING 6
SYSTEM, AS DEFINED IN § 7–306.2 OF THE PUBLIC UTILITIES ARTICLE; AND 7
2. PROVIDE MORE THAN 30% OF THE SYSTEM ’S 8
KILOWATT OUTPUT TO L OW–INCOME AND MODERATE –INCOME SUBSCRIBERS . 9
(E) THE FOLLOWING PERSONS ARE ELIGIBLE FOR A G RANT UNDER THE 10
PROGRAM: 11
(1) BUSINESSES; 12
(2) NONPROFIT ENTITIES ; 13
(3) UNITS OF STATE GOVERNMENT ; AND 14
(4) LOCAL GOVERNMENTS . 15
(F) A PROJECT IS ELIGIBLE FOR A GRANT UNDER TH E PROGRAM IF THE 16
PROJECT: 17
(1) PROPOSES TO DEVELOP A RESILIENCY HUB ; 18
(2) WILL OPERATE THE RES ILIENCY HUB FOR A PE RIOD OF AT LEAST 19
10 5 YEARS; AND 20
(3) WILL SERVE A COMMUNI TY OF MAJORITY LOW –INCOME OR 21
MODERATE–INCOME HOUSEHOLDS . 22
(G) THE ADMINISTRATION SHALL : 23
(1) COORDINATE ADMINISTR ATION OF THE PROGRAM WITH THE 24
MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT ; AND 25
(2) PROVIDE TO GRANT APP LICANTS INFORM ATION ON OTHER 26
SOURCES OF ASSISTANC E THAT MAY BENEFIT T HE PROJECT, INCLUDING LOANS AND 27
GRANTS AWARDED UNDER § 9–20B–05(I)(3) OF THIS TITLE. 28
(H) A PERSON WHO RECEIVES A GRANT UNDER THE PROGRAM SHALL : 29 8 HOUSE BILL 31
(1) ATTEST IN WRITING ACQUIRE A WRITTEN AT TESTATION THAT ALL 1
INSTALLATION CONTRACTORS AND SUBCONTRACTORS W ORKING ON THE PROJEC T: 2
(I) PAY AT LEAST 150% OF THE STATE MINIMUM WAGE ; 3
(II) PROVIDE CAREER ADVAN CEMENT TRAINING ; 4
(III) (II) AFFORD EMPLOYEES THE RIGHT TO BARGAIN 5
COLLECTIVELY FOR WAG ES AND BENEFITS; 6
(IV) (III) PROVIDE PAID LEAVE ; 7
(V) (IV) ARE CONSIDERED “COVERED EMPLOYMENT ” FOR 8
PURPOSES OF UNEMPLOY MENT INSURANCE BENEF ITS IN ACCORDANCE WI TH TITLE 9
8 OF THE LABOR AND EMPLOYMENT ARTICLE; 10
(VI) (V) ENTITLE THE EMPLOYEE S TO WORKERS ’ 11
COMPENSATION BENEFITS I N ACCORDANCE WITH TITLE 9 OF THE LABOR AND 12
EMPLOYMENT ARTICLE; 13
(VII) (VI) HAVE BEEN IN COMPLIA NCE WITH FEDERAL AND 14
STATE WAGE AND HOUR L AWS FOR THE LONGER O F THE IMMEDIATELY PR ECEDING 15
3 YEARS OR FOR THE DUR ATION OF THE CONTRAC TOR’S OR SUBCONTRACTOR ’S 16
BUSINESS OPERATION ; AND 17
(VIII) (VII) OFFER EMPLOYER –PROVIDED HEALTH INSU RANCE 18
BENEFITS WITH MONTHL Y PREMIUMS THAT DO N OT EXCEED 8.5% OF THE 19
EMPLOYEE’S NET MONTHLY EARNIN GS; AND 20
(IX) OFFER RETIREMENT BEN EFITS; AND 21
(2) PROVIDE TO THE ADMINISTRATION A PROG RESS REPORT ON OR 22
BEFORE JANUARY 10, APRIL 10, JULY 10, AND OCTOBER 10 EACH YEAR. 23
9–2011. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “FUND” MEANS THE RESILIENCY HUB GRANT PROGRAM FUND. 27
(3) “PROGRAM” MEANS THE RESILIENCY HUB GRANT PROGRAM 28
ESTABLISHED UNDER § 9–2010 OF THIS SUBTITLE. 29
HOUSE BILL 31 9
(B) THERE IS A RESILIENCY HUB GRANT PROGRAM FUND. 1
(C) THE PURPOSE OF THE FUND IS TO PROVIDE GR ANTS UNDER THE 2
PROGRAM. 3
(D) THE ADMINISTRATION SHALL ADMINISTER THE FUND. 4
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 5
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 6
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 7
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 8
(F) THE FUND CONSISTS OF : 9
(1) GRANT FUNDING OBTAIN ED UNDER SUBSECTION (K) OF THIS 10
SECTION; 11
(2) FUNDS DISTRIBUTED TO THE FUND UNDER § 9–20B–05 OF THIS 12
TITLE AND §§ 2–110.1 AND 13–201 OF THE PUBLIC UTILITIES ARTICLE; 13
(3) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; 14
(4) INTEREST EARNINGS ; AND 15
(5) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 16
THE BENEFIT OF THE FUND. 17
(G) THE FUND MAY BE USED ONLY FOR: 18
(1) GRANTS AWARDED UNDER THE PROGRAM; AND 19
(2) COSTS ASSOCIATED WIT H ADMINISTERING THE PROGRAM AND 20
THE FUND. 21
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 22
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 23
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 24
THE FUND. 25
(I) EXPENDITURES FRO M THE FUND MAY BE MADE ONLY IN ACCORDANCE 26
WITH THE STATE BUDGET . 27
10 HOUSE BILL 31
(J) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 1
SUPPLEMENTAL TO AND IS NOT INTENDED TO T AKE THE PLACE OF FUN DING THAT 2
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM. 3
(K) THE ADMINISTRATION AND THE MARYLAND DEPARTMENT OF 4
EMERGENCY MANAGEMENT , IN COORDINATION WITH ANY OTHER APPROPRIAT E 5
UNIT OF STATE GOVERNMENT , SHALL IDENTIFY AND A PPLY FOR GRANT FUNDI NG, 6
INCLUDING FEDERAL GR ANT FUNDING, TO SUPPORT THE PROGRAM. 7
9–20B–05. 8
(f) The Administration shall use the Fund: 9
(10) subject to subsections (f–2) and (f–3) of this section, to invest in 10
pre–apprenticeship, youth apprenticeship, and registered apprenticeship programs to 11
establish career paths in the clean energy industry under § 11–708.1 of the Labor and 12
Employment Article, as follows: 13
(i) $1,250,000 for grants to pre–apprenticeship jobs training 14
programs under § 11–708.1(c)(3) of the Labor and Employment Article starting in fiscal 15
year 2021 until all amounts are spent; 16
(ii) $6,000,000 for grants to youth apprenticeship jobs training 17
programs and registered apprenticeship jobs training programs under § 11–708.1(c)(5) of 18
the Labor and Employment Article starting in fiscal year 2021 until all amounts are spent; 19
and 20
(iii) $750,000 for the recruitment of individuals, including veterans 21
and formerly incarcerated individuals, to the pre–apprenticeship jobs training programs 22
and the registered apprenticeship jobs training programs under § 11–708.1 of the Labor 23
and Employment Article starting in fiscal year 2021 until all amounts are spent; [and] 24
(11) TO PROVIDE AT LEAST $500,000 EACH YEAR TO THE RESILIENCY 25
HUB GRANT PROGRAM FUND UNDER § 9–2011 OF THIS TITLE; AND 26
[(11)] (12) to pay the expenses of the Program. 27
(i) (1) In this subsection, “low–income” means having an annual household 28
income that is at or below 175% of the federal poverty level. 29
(2) Except as provided in paragraph (3) of this subsection, compliance fees 30
paid under § 7–705(b) of the Public Utilities Article may be used only to make loans and 31
grants to support the creation of new Tier 1 renewable energy sources in the State that are 32
owned by or directly benefit low–income residents of the State. 33
HOUSE BILL 31 11
(3) Compliance fees paid under § 7–705(b)(2)(i)2 of the Public Utilities 1
Article shall be accounted for separately within the Fund and may be used only to make 2
loans and grants to support the creation of new solar energy sources in the State that are 3
owned by or directly benefit low–income residents of the State. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2022. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.