LAWRENCE J. HOGAN, JR., Governor Ch. 38
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Chapter 38
(Senate Bill 528)
AN ACT concerning
Climate Solutions Now Act of 2022
FOR the purpose of requiring the State to reduce statewide greenhouse gas emissions
through the use of various measures, including the alteration of statewide
greenhouse gas emissions goals, the establishment of a net –zero statewide
greenhouse gas emissions goal, the development of certain energy efficiency and
electrification emissions reduction requirements for certain buildings, requiring
electric companies to increase their annual incremental gross energy savings
through certain programs and services, the establishment of certain zero–emission
vehicle requirements for the State vehicle fleet and local school buses, and the
establishment of a certain personal property tax exemptions exemption; requiring
the Governor to include a certain amount in the annual budget bill in certain fiscal
years for the Maryland Healthy Soils Program; establishing the Climate Catalytic
Capital Fund; requiring interest earnings of the Climate Catalytic Capital Fund to
be credited to the Climate Catalytic Capital Fund; requiring the Department of the
Environment, in coordination with the Public Service Commission and the Maryland
Energy Administration, to coordinate with certain utility providers to apply for and
access certain federal funds; altering the duties of the Commission on Environmental
Justice and Sustainable Communities; requiring landfill operators and the
Department of the Environment to take certain actions regarding methane
emissions; requiring the Department of the Environment to regulate methane
emissions from landfills; requiring the Department of the Environment to establish
Building Emissions Energy Performance Standards for certain buildings; requiring
the Commission on Climate Change to establish the Just Transition Employment
and Retraining Working Group to advise the Commission on Climate Change on
certain matters and conduct a certain study, the Energy Industry Revitalization
Working Group, the Energy Resilience and Efficiency Working Group, and the Solar
Photovoltaic Systems Recovery, Reuse, and Recycling Working Group; requiring the
Community Development Administration to develop and implement a program to
provide grants for energy conservation projects and projects to install renewable
energy systems in certain buildings; establishing the Maryland Climate Justice
Corps Program establishing labor standards for contractors and subcontractors
participating in certain projects undertaken by investor–owned electric companies or
gas and electric companies; altering the scope of the Chesapeake Conservation Corps
Program and the membership of the Advisory Board of the Corps Program; requiring
the Maryland Department of Labor to update the Maryland Building Performance
Standards adopt a certain construction code on or before a certain date and within a
certain period of time for each subsequent version of the code update the Maryland
Building Performance Standards adopt a certain construction code on or before a
certain date and within a certain period of time for each subsequent version of the
code; altering the duties of the Maryland Green Building Council; altering certain Ch. 38 2022 LAWS OF MARYLAND
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percentages and purposes for certain targeted electricity reductions in certain years;
establishing an electric school bus pilot program; requiring the Public Service
Commission to implement and administer the pilot program; authorizing
investor–owned electric companies to apply to the Public Service Commission to
implement an electric school bus pilot program with a participating school system if
the pilot program meets certain standards; authorizing investor–owned electric
companies to recover certain costs under the pilot program, subject to the approval of
the Public Service Commission; establishing certain State policy goals with regard to
the State’s electric distribution system; requiring the Public Service Commission and
the Maryland Energy Administration to provide assistance and support to electric
companies for applying for and obtaining access to certain federal funds to meet the
State’s policy goals for the electric distribution system; requiring the Maryland
Energy Administration to identify certain funding sources; requiring certain electric
companies to report to the Public Service Commission and the Maryland Energy
Administration on certain funding information; establishing the Climate Transition
and Clean Energy Hub in the Maryland Energy Administration; establishing the
Net–Zero School Grant Fund; requiring interest earnings of the Net–Zero School
Grant Fund to be credited to the Net–Zero School Grant Fund; establishing the
Building Energy Transition Implementation Task Force to study certain matters and
develop a plan for funding the retrofit of certain buildings; requiring the Public
Service Commission and the Building Codes Administration to study and make
recommendations on the electrification of buildings in the State; requiring the
Maryland Green Building Council to examine and report on specified items relating
to the procurement of concrete by the State; and generally relating to climate change
impacts and measures to combat climate change impacts.
BY renumbering
Article – Environment
Section 2–1204.2
to be Section 2–1204.3
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
BY renumbering
Article – Economic Development
Section 10–854 and the part “Part V. Short Title”
to be Section 10–858 and the part “Part VI. Short Title”
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Agriculture
Section 2–1901(b)
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
LAWRENCE J. HOGAN, JR., Governor Ch. 38
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BY adding to
Article – Agriculture
Section 2–1901(e)
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Economic Development
Section 10–801(a), (d), and (f)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
(As enacted by Chapters 13 and 24 of the Acts of the General Assembly of the 2021
Special Session)
BY adding to
Article – Economic Development
Section 10–854 and 10–855 to be under the new part “Part V. Climate Catalytic
Capital Fund”
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 5–303(k)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 5–312
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 1–701(f) 1–701(a), (f), and (h), 2–1201(4), 2–1204.1, 2–1205, 2–1206, 2–1210,
2–1303(a), 2–1304, and 2–1305
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
BY adding to
Article – Environment
Section 1–205, 1–702,; 1–901 through 1–911 to be under the new subtitle “Subtitle
9. Maryland Climate Justice Corps”; 2–407, 2–408 2–407 through 2–409,
2–1204.2, 2–1303.1, 2–1303.2, 2–1303.3, 2–1303.4, and 2–1505; and 2–1601 Ch. 38 2022 LAWS OF MARYLAND
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through 2–1603 to be under the new subtitle “Subtitle 16. Building Emissions
Energy Performance Standards”
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Environment
Section 1–701(a) and 2–1501
Annotated Code of Maryland
(2013 Replacement Volume and 2021 Supplement)
BY adding to
Article – Natural Resources
Section 8–1927 through 8–1938 to be under the new part “Part III. Maryland Climate
Justice Corps”
Annotated Code of Maryland
(2012 Replacement Volume and 2021 Supplement)
BY adding to
Article – Housing and Community Development
Section 4–211(d)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY adding to
Article – Labor and Employment
Section 3–416
Annotated Code of Maryland
(2016 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 8–1913, 8–1914, 8–1915(a)(2), 8–1920, and 8–1921
Annotated Code of Maryland
(2012 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 8–1915(a)(1)
Annotated Code of Maryland
(2012 Replacement Volume and 2021 Supplement)
BY adding to
Article – Natural Resources
Section 8–1923.1
Annotated Code of Maryland LAWRENCE J. HOGAN, JR., Governor Ch. 38
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(2012 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Public Safety
Section 12–501 and 12–505(a)(1)
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Safety
Section 12–503
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Utilities
Section 7–211(g)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY adding to
Article – Public Utilities
Section 7–217; and 7–801 through 7–804 to be under the new subtitle “Subtitle 8.
Electric Distribution System Planning”
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 3–602.1, 4–809(f), and 6–226(a)(2)(ii)144. and 145.
Annotated Code of Maryland
(2021 Replacement Volume)
BY adding to
Article – State Finance and Procurement
Section 3–602.4, 4–810, 6–226(a)(2)(ii)146. and 147., and 14–418
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 6–226(a)(2)(i)
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, with amendments, Ch. 38 2022 LAWS OF MARYLAND
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Article – State Finance and Procurement
Section 6–226(a)(2)(ii)144. and 145.
Annotated Code of Maryland
(2021 Replacement Volume)
BY adding to
Article – State Government
Section 9–2010 and 9–2011
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Tax – Property
Section 7–237
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) 2–1204.2 of Article – Environment of the Annotated Code of Maryland be
renumbered to be Section(s) 2–1204.3.
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 10 –854 and the
part “Part V. Short Title” of Article – Economic Development of the Annotated Code of
Maryland be renumbered to be Section(s) 10–858 and the part “Part VI. Short Title”.
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Agriculture
2–1901.
(b) There is a Maryland Healthy Soils Program.
(E) IN EACH OF FISCAL YEA RS 2024 THROUGH 2028, THE GOVERNOR SHALL
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF AT LEAST $500,000
FOR THE PROGRAM.
Article – Environment
2–1204.1.
The State shall reduce statewide greenhouse gas emissions by [40%] 60% from 2006
levels by 2030.
2–1204.2. LAWRENCE J. HOGAN, JR., Governor Ch. 38
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THE STATE SHALL ACHIEVE N ET–ZERO STATEWIDE GREEN HOUSE GAS
EMISSIONS BY 2045.
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Economic Development
10–801.
(a) In this subtitle the following words have the meanings indicated.
(d) “Board” means the Board of Directors of the Center.
(f) “Center” means the Maryland Clean Energy Center.
PART V. CLIMATE CATALYTIC CAPITAL FUND.
10–854.
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “FUND” MEANS THE CLIMATE CATALYTIC CAPITAL FUND.
(C) “LOW– TO MODERATE –INCOME HOUSEHOLD ” MEANS A HOUSEHOLD
LOCATED IN A CENSUS TRACT WITH AN AVERAG E MEDIAN INCOME AT O R BELOW 80%
OF THE AVERAGE MEDIA N INCOME FOR THE STATE.
(C) (D) “QUALIFIED PROJECT ” MEANS A PROJECT RELA TED TO THE
PURPOSES SPECIFIED I N § 10–855(B) OF THIS SUBTITLE.
10–855.
(A) THERE IS A CLIMATE CATALYTIC CAPITAL FUND.
(B) THE PURPOSE OF THE FUND IS TO PROMOTE ENVIRONMENTAL JUSTIC E
GEOGRAPHICAL IMPACT REMEDIES AND TO LEVERAGE INCREASED PRIVATE
CAPITAL INVESTMENT I N TECHNOLOGY DEVELOP MENT AND DEPLOYMENT ,
INCLUDING PROJECT PL ANNING, TO:
(1) REDUCE GREENHOUSE GA S EMISSIONS AND ENAB LE THE
ADOPTION OF MEASURES TO COMBAT CLIMATE CHANGE IMPACTS;
Ch. 38 2022 LAWS OF MARYLAND
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(2) FACILITATE THE ELECT RIFICATION OF THE TRANSPORTAT ION
SECTOR AND THE USE OF SUSTA INABLE ALTERNATIVE F UELS IN AVIATION;
(3) ENABLE IMPROVEMENTS IN ENERGY MANAGEMENT AND
EFFICIENCY TO REDUCE GREENHOUSE GAS EMISS IONS FROM THE BUILDI NG
SECTOR;
(4) EXPAND THE DEPLOYMEN T OF CLEAN ENERGY GE NERATION AND
ENERGY STORAGE CAPAC ITY;
(5) TARGET THE IMPLEMENT ATION OF ENERGY AND
WEATHERIZATION MEASU RES FOR LOW– TO MODERATE –INCOME HOUSEHOLDS ;
(6) OPTIMIZE THE ECONOMI C, HEALTH, SOCIAL, AND
ENVIRONMENTAL VA LUE OF COMMUNITY –SCALE INFRASTRUCTURE FOR
RESILIENCE AND ENERG Y EQUITY;
(7) ALLOW FOR THE DEPLOY MENT OF CUTTING–EDGE, ADVANCED
CLEAN ENERGY TECHNOL OGY; AND
(8) PROVIDE FOR THE CREA TION OF A MARYLAND GREEN BOND
PROGRAM.
(C) (1) THE CENTER SHALL ADMINISTER THE FUND.
(2) THE CENTER SHALL ESTABLIS H A FUND OVERSIGHT
COMMITTEE, APPOINTED BY THE BOARD, TO MANAGE THE FUND.
(D) THE FUND CONSISTS OF :
(1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND;
(2) MONEY MADE AVAILABLE TO THE FUND THROUGH PRIVATE
CONTRIBUTIONS AND FE DERAL GRANTS OR PROG RAMS;
(3) PROCEEDS FROM THE SA LE, DISPOSITION, LEASE, OR RENTAL OF
COLLATERAL RELATED T O FINANCING MADE FRO M THE FUND;
(4) REPAYMENT OF FINANCI NG MADE FROM THE FUND;
(5) RETURNS FROM OR RECO VERY OF ANY FINANCING MADE FROM
THE FUND;
LAWRENCE J. HOGAN, JR., Governor Ch. 38
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(6) PROCEEDS FROM THE SA LE OF ANY FINANCING MADE, OR ASSETS
ACQUIRED WITH PROCEE DS, FROM THE FUND;
(7) INTEREST EARNINGS ON MONEY IN THE FUND; AND
(8) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
(E) (1) THE FUND MAY BE USED ONLY TO:
(I) EVALUATE AND COORDIN ATE FINANCING FOR QU ALIFIED
PROJECTS AND CLEAN E NERGY TECHNOLOGIES R ELATED TO THE PURPOS ES
SPECIFIED UNDER SUBSECTION (B) OF THIS SECTION;
(II) PROVIDE FINANCING FO R QUALIFIED PROJECTS ;
(III) FACILITATE EFFICIENT TAX EQUITY MARKETS F OR
QUALIFIED PROJECTS ;
(IV) SECURE PRIVATE INVES TMENT CAPITAL FOR FI NANCING OF
QUALIFIED PROJECTS ;
(V) MAKE GRA NTS TO OTHER GREEN B ANKS IN THE STATE FOR
THE PURPOSE OF FINAN CING QUALIFIED PROJE CTS; AND
(VI) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION ,
ADMINISTER THE FUND AND ACTIVITIES O F THE CENTER IN CARRYING OU T THIS
PART.
(2) NOT MORE THAN 5% OF THE FUND BALANCE MAY BE USE D FOR
ADMINISTRATIVE PURPO SES.
(3) THE FUND MAY NOT BE USED FOR A PROJECT TO INS TALL NEW
EQUIPMENT THAT USES FOSSIL FUELS OR IMPR OVE THE EFFICIENCY O F EXISTING
EQUIPMENT THAT USES FOSSIL FUELS.
(F) (1) EXPENDITURES FROM THE FUND MAY BE MADE ONLY WIT H THE
APPROVAL OF THE FUND OVERSIGHT COMMITTEE.
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , IN EACH FISCAL YEAR AT LEAST 40% OF THE FUND BALANCE SHALL
BE USED FOR QUALIFIE D PROJECTS IN LOW– TO MODERATE –INCOME COMMUNITIES
COMMUNITIES WITH LOW – TO MODERATE –INCOME HOUSEHOLDS .
Ch. 38 2022 LAWS OF MARYLAND
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(II) IN ANY FISCAL YEAR TH AT THERE ARE NOT SUF FICIENT
APPLICATIONS FOR QUA LIFIED PROJECTS IN LOW– TO MODERATE –INCOME
COMMUNITIES COMMUNITIES WITH LOW – TO MODERATE –INCOME HOUSEHOLDS ,
THE FUND OVERSIGHT COMMITTEE MAY AUTHORI ZE FUNDING THAT WOUL D
OTHERWISE BE RESERVE D UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO BE
USED FOR OTHER QUALI FIED PROJECTS .
(G) (1) THE FUND SHALL BE SUBJECT TO INDEPENDENT AUDIT .
(2) ON OR BEFORE OCTOBER 1 EACH YEAR, THE CENTER SHALL
REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE USE O F THE FUND AND
OUTCOMES OF INVESTME NTS MADE FROM THE FUND.
(H) FOR FISCAL YEARS 2024, 2025, AND 2026, THE GOVERNOR SHALL
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $5,000,000 TO THE
FUND.
10–856. RESERVED.
10–857. RESERVED.
Article – Education
5–303.
(k) (1) A county is eligible for an adjustment to the local cost–share for school
construction projects under paragraph (2) of this subsection if:
(i) A county’s median household income is in the bottom quartile in
the State; and
(ii) The State and local cost–share formula for the county is 50% State
and 50% local.
(2) (i) The local cost–share of a school construction project in a county
that is eligible under paragraph (1) of this subsection shall be reduced to equal the local
cost–share of the adjacent county that is less than 50% but closest to 50%.
(ii) The State cost–share of a school construction project in the eligible
county shall be increased by a percentage that is equal to the reduction under subparagraph
(i) of this paragraph.
LAWRENCE J. HOGAN, JR., Governor Ch. 38
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(3) A COUNTY SHALL RECEIVE A 5 PERCENTAGE POINT INC REASE IN
THE STATE SHARE OF A SCHO OL CONSTRUCTION PROJECT IF THE PROPOSED
PROJECT IS TO BUILD A NET–ZERO SCHOOL .
Article – Education
5–312.
(a) In this section, “high performance building” has the meaning stated in §
3–602.1 of the State Finance and Procurement Article.
(b) This section applies to the construction of new schools that have not initiated
a Request For Proposal for the selection of an architectural and engineering consultant on
or before July 1, 2009.
(c) (1) [Except] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AND
EXCEPT as provided in subsection (d) of this section, a new school that receives State public
school construction funds shall be constructed to be a high performance building.
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , THE NET–ZERO ENERGY REQUIREMENTS THAT APPLY FOR A BUI LDING
TO MEET THE DEFINITI ON OF A “HIGH PERFORMANCE BUI LDING” UNDER § 3–602.1
OF THE STATE FINANCE AND PROCUREMENT ARTICLE DO NOT APPLY TO PUBLIC
SCHOOL BUILDINGS .
(II) SUBJECT TO THE AVAILA BILITY OF FUNDING FR OM THE
NET–ZERO SCHOOL GRANT FUND ESTABLISHED UNDE R § 9–2010 OF THE STATE
GOVERNMENT ARTICLE, AT LEAST ONE OF THE SCHOOLS CONSTRUCTED IN EACH
LOCAL SCHOOL SYSTEM FROM JULY 1, 2023, THROUGH JUNE 30, 2033, INCLUSIVE,
SHALL BE CONSTRUCTED TO MEET NET –ZERO ENER GY REQUIREMENTS IN
ACCORDANCE WITH § 3–602.4 OF THE STATE FINANCE AND PROCUREMENT
ARTICLE.
(3) (I) FOR EACH SCHOOL CONST RUCTED BY A LOCAL SC HOOL
SYSTEM FROM JULY 1, 2024, THROUGH JUNE 30, 2033, INCLUSIVE, THE LOCAL
SCHOOL SYSTEM SHALL CONSIDER WHETHER THE SCHOOL SHOULD BE
CONSTRUCTED WITH SOL AR PANELS ON THE ROO F OF THE SCHOOL .
(II) IF, AFTER CONSIDERING IN STALLING SOLAR PANEL S
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , A LOCAL SCHOOL SYSTE M DECIDES
NOT TO CONSTRUCT SOL AR PANELS ON THE ROO F OF THE SC HOOL, THE LOCAL
SCHOOL SYSTEM SHALL PROVIDE TO THE INTERAGENCY COMMISSION
INFORMATION REGARDIN G WHY THE SCHOOL SYS TEM CHOSE NOT TO CON STRUCT
SOLAR PANELS ON THE ROOF OF THE SCHOOL . Ch. 38 2022 LAWS OF MARYLAND
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(d) (1) The Interagency Commission shall establish a process to allow a school
system to obtain a waiver from complying with subsection (c) of this section.
(2) The waiver process shall:
(i) Include a review by the Interagency Commission to determine if
the construction of a high performance building is not practicable; and
(ii) Require the approval of a waiver by the Interagency Commission.
(3) THE INTERAGENCY COMMISSION SHALL WAIV E THE
REQUIREMENTS OF SUBS ECTION (C)(2)(II) OF THIS SUBSECTION I F THE
INTERAGENCY COMMISSION DETERMINES THAT:
(I) THE CONSTRUCTION OF A NET–ZERO ENERGY SCHOOL
BUILDING IS NOT PRAC TICABLE BECAUSE OF S PATIAL LIMITATIONS A T THE
BUILDING SITE; OR
(II) WHEN TAKING INTO CONS IDERATION THE AVAILA BILITY OF
STATE COST SHARE FUND S AND GRANTS FROM TH E NET–ZERO SCHOOL GRANT
FUND ESTABLISHED UN DER § 9–2010 OF THE STATE GOVERNMENT ARTICLE, THE
COST TO THE LOCAL JU RISDICTION OF CONSTR UCTING A NET –ZERO ENERGY
SCHOOL BUILDING WOUL D EXCEED THE COST OF CONSTRUCTING A TRADI TIONAL,
HIGH PERFORMANCE SCH OOL BUILDING.
(e) For fiscal years 2010 through 2014 only, the State shall pay 50% of the local
share of the extra costs, identified and approved by the Interagency Commission, that are
incurred in constructing a new school to meet the high performance building requirements
of this section.
(f) (1) The Interagency Commission shall adopt regulations to implement the
requirements of this section.
(2) IN IMPLEMENTING NET –ZERO ENERGY REQUIREM ENTS FOR
SCHOOL BUILDINGS , THE INTERAGENCY COMMISSION SHALL CONS ULT WITH THE
CLIMATE TRANSITION AND CLEAN ENERGY HUB ESTABLISHED UNDER § 9–2011 OF
THE STATE GOVERNMENT ARTICLE.
Article – Environment
1–205.
LAWRENCE J. HOGAN, JR., Governor Ch. 38
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IN ORDER TO MEET THE POLICY GOALS OF THE STATE FOR THE ELECTRI C
DISTRIBUTION GRID SY STEM, THE DEPARTMENT , IN COORDINATION WITH THE
PUBLIC SERVICE COMMISSION A ND THE MARYLAND ENERGY ADMINISTRATION ,
SHALL COORDINATE WIT H UTILITY PROVIDERS IN THE STATE TO APPLY FOR AN D
ACCESS FEDERAL FUNDS , INCLUDING FUNDS MADE AVAILABLE UNDER §§ 40101,
40103, AND 40107 OF THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS ACT.
1–701.
(a) (1) In this section the following words have the meanings indicated.
(2) “Business organization” means a corporation, business trust,
partnership, or any other for–profit entity.
(3) “Commission” means the Commission on Environmental Justice and
Sustainable Communities.
(4) “Community listening session” means a public convening to gather
information and input from community members.
(5) “Environmental justice” means equal protection from environmental
and public health hazards for all people regardless of race, income, culture, and social
status.
(6) “Environmental organization” means a nonprofit entity engaged in
advocacy or, action, EDUCATION, OR JOB TRAINING related to conservation, stewardship
of natural resources, or pollution reduction, OR CLIMATE CHANGE IMPACTS.
(7) “OVERBURDENED COMMUNIT Y” MEANS ANY CENSUS TRA CT FOR
WHICH THREE OR MORE OF THE FOLLOWING ENV IRONMENTAL HEALTH IN DICATORS
ARE ABOVE THE 75TH PERCENTILE STATEW IDE:
(I) PARTICULATE MATTER (PM) 2.5;
(II) OZONE;
(III) NATIONAL AIR TOXICS ASSESSMENT (NATA) DIESEL PM;
(IV) NATA CANCER RISK;
(V) NATA RESPIRATORY HAZARD I NDEX;
(VI) TRAFFIC PROXIMITY ;
(VII) LEAD PAINT INDICATOR ; Ch. 38 2022 LAWS OF MARYLAND
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(VIII) NATIONAL PRIORITIES LIST SUPERFUND SITE PROXIM ITY;
(IX) RISK MANAGEMENT PLAN FACILITY PROXIMI TY;
(X) HAZARDOUS WASTE PROXI MITY;
(XI) WASTEWATER DISCHARGE INDICATOR;
(XII) PROXIMITY TO A CONCENTRATED ANIMAL FEEDING
OPERATION (CAFO);
(XIII) PERCENT OF THE POPULA TION LACKING BROADBA ND
COVERAGE;
(XIV) ASTHMA EMERGENCY ROOM DISCHARGES;
(XV) MYOCARDIAL INFARCTION DISCHARGES;
(XVI) LOW–BIRTH–WEIGHT INFANTS ;
(XVII) PROXIMITY TO EMITTING POWER PLANTS ;
(XVIII) PROXIMITY TO A TOXIC RELEASE INVENTORY (TRI)
FACILITY;
(XIX) PROXIMITY TO A BROWNF IELDS SITE;
(XX) PROXIMITY TO MINING O PERATIONS; AND
(XXI) PROXIMITY TO A HAZARD OUS WASTE LANDFILL .
(8) “UNDERSERVED COMMUNITY ” MEANS ANY CENSUS TRA CT IN
WHICH, ACCORDING TO THE MOS T RECENT U.S. CENSUS BUREAU SURVEY:
(I) AT LEAST 25% OF THE RESIDENTS QUA LIFY AS
LOW–INCOME;
(II) AT LEAST 50% OF THE RESIDENTS IDE NTIFY AS NONWHITE ;
OR
(III) AT LEAST 15% OF THE RESIDENTS HAVE LIMITED ENGLISH
PROFICIENCY.
LAWRENCE J. HOGAN, JR., Governor Ch. 38
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(f) (1) The Department shall provide staff for the Commission.
(2) THE STAFFING RESPONSI BILITIES OF THE DEPARTMENT SHALL
INCLUDE CONDUCTING :
(I) CONDUCTING RESEARCH AND GATHERI NG DATA AT THE
DIRECTION OF THE COMMISSION;
(II) ARRANGING AND STAFFIN G COMMISSION MEETINGS ;
(III) SERVING AS AN INFORME D RESOURCE FOR THE C HAIR AND
MEMBERS; AND
(IV) MANAGING, IMPLEMENTING , AND CARRYING OUT THE
COMMISSION’S WORK TO ACHIEVE IT S MISSION AND OVERAL L PURPOSE.
(h) The Commission shall:
(1) Advise State government agencies on environmental justice and related
community issues;
(2) Use data sets and mapping tools to review and analyze the impact of
current State and local laws, permits, actions, and policies on the issue of environmental
justice and sustainable communities, including cumulative impacts, effects, and exposure;
(3) Assess the adequacy of State and local government laws to address the
issue of environmental justice and sustainable communitie s, including assessing
compliance with Title VI of the federal Civil Rights Act of 1964;
(4) Coordinate with the Children’s Environmental Health and Protection
Advisory Council, the Maryland Office of Minority Health and Health Disparities, and the
Commission on Climate Change on recommendations related to environmental justice and
sustainable communities; [and]
(5) IN ACCORDANCE WITH § 1–702 OF THIS SUBTITLE , COORDINATE
WITH THE DEPARTMENT ON :
(I) THE ADOPTION OF A MET HODOLOGY FOR IDENTIF YING
COMMUNITIES DISPROPORTI ONATELY AFFECTED BY CLIMATE CHANGE IMPACTS;
(II) THE DEVELOPMENT OF SP ECIFIC STRATEGIES TO ADDRESS
ENVIRONMENTAL JUSTIC E GEOGRAPHICAL IMPACT CONCERNS, REDUCE EMISSIONS
OF GREENHOUSE GASES AND CO–POLLUTANTS , AND BUILD CLIMATE EQ UITY AND
RESILIENCE WITHIN DI SPROPORTIONATELY AFF ECTED COMMUNITIES ; AND
Ch. 38 2022 LAWS OF MARYLAND
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(III) THE ESTABLISHMENT OF GOALS FOR THE PERCEN TAGE OF
STATE FUNDING FOR GRE ENHOUSE GAS EMISSION REDUCTION MEASURES T HAT
SHOULD BE USED FOR T HE BENEFIT OF DISPRO PORTIONATELY AFFECTE D
COMMUNITIES; AND
(6) Recommend options to the Governor and the General Assembly for
addressing issues, concerns, or problems related to environmental justice that surface after
reviewing State laws and policies, including prioritizing areas of the State that need
immediate attention.
1–702.
(A) ON OR BEFORE DECEMBER 31, 2023, THE DEPARTMENT , IN
CONSULTATION WITH TH E COMMISSION ON ENVIRONMENTAL JUSTICE AND
SUSTAINABLE COMMUNITIES , SHALL:
(1) SUBJECT TO SUBSECTION (B) OF THIS SECTION , ADOPT A
METHODOL OGY FOR IDENTIFYING COMMUNITIES DISPROPO RTIONATELY AFFECTED
BY CLIMATE CHANGE IMPACTS;
(2) DEVELOP SPECIFIC STRA TEGIES TO ADDRESS ENVIRONMENTAL
JUSTICE GEOGRAPHICAL IMPACT CONCERNS, REDUCE EMISSIONS OF GREENHOUSE
GASES AND CO–POLLUTANTS , AND BUILD CLIM ATE EQUITY AND RESIL IENCE WITHIN
COMMUNITIES DISPROPO RTIONATELY AFFECTED BY CLIMATE CHANGE IMPACTS;
(3) SET APPROPRIATE GOALS FOR THE PERCENTAGE O F STATE
FUNDING FOR GREENHOU SE GAS EMISSION REDU CTION MEASURES THAT SHOULD
BE USED FOR THE BENE FIT OF DISPROPORTIONATELY A FFECTED COMMUNITIES ;
AND
(4) REPORT TO THE MARYLAND COMMISSION ON CLIMATE CHANGE
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE
GENERAL ASSEMBLY ON THE POLIC IES AND PROGRAMS DEVELOPED UNDER THIS
SUBSECTION.
(B) IN EVALUATING METHODO LOGIES UNDER SUBSECT ION (A)(1) OF THIS
SECTION, THE DEPARTMENT SHALL USE MARYLAND EJSCREEN OR OTHER
APPROPRIATE MAPPING TOOLS TO CONSIDER GEOGRAPHIC , DEMOGRAPHIC ,
PUBLIC HEALTH , ENVIRONMENTAL HAZARD , AND SOCIOECONOMIC CR ITERIA,
INCLUDING:, AT A MINIMUM, INCLUDE:
(1) UNDERSERVED COMMUNITI ES;
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 17 –
(2) OVERBURDENED COMMUNIT IES; AND
(1) AREAS BURDENED BY CUM ULATIVE ENVIRONMENTA L POLLUTION
AND OTHER HAZARDS TH AT CAN LEAD TO NEGAT IVE PUBLIC HEALTH EF FECTS;
(2) AREAS WITH HIGH CONCENTRATIONS OF :
(I) PEOPLE PERSONS EXPERIENCING POVERTY , HIGH
UNEMPLOYMENT RATES , HIGH RENT BURDENS , LOW LEVELS OF HOME O WNERSHIP,
OR LOW LEVELS OF EDU CATIONAL ATTAINMENT ; OR
(II) POPULATIONS THAT HAVE HISTORICALLY EXPERIE NCED
DISCRIMINATION ON TH E BASIS OF RACE OR E THNICITY OR SUBGROUPS THAT HA VE
EXPERIENCED SIGNIFIC ANTLY HIGHER AND MOR E ADVERSE HEALTH AND
ENVIRONMENTAL EFFECT S BASED ON RACE , GENDER, ETHNICITY, COLOR,
CULTURE, NATIONAL ORIGIN , OR INCOME; AND
(3) AREAS THAT A RE VULNERABLE TO THE IMPACTS OF CLIMATE
CHANGE IMPACTS, SUCH AS FLOODING , STORM SURGES , AND URBAN HEAT ISLAN D
EFFECTS, DUE TO LOW LEVELS OF TREE COVERAGE , HIGH LEVELS OF IMPER VIOUS
SURFACES, OR OTHER FACTORS .
(C) IN CARRYING OUT ITS R ESPONSIBILITIES UND ER THIS SECTION , THE
DEPARTMENT SHALL SOLICIT:
(1) SOLICIT INPUT FROM ALL SEGME NTS OF THE POPULATIO N THAT
WILL BE IMPACTED BY THE POLICIES DEVELOP ED UNDER SUBSECTION (A) OF THIS
SECTION, INCLUDING INDIVIDUAL S LIVING IN AREAS TH AT MAY BE IDENTIFIED AS
DISPROPORTIONATELY A FFECTED COMMUNITIES UNDER THE PROPOSED C RITERIA;
(2) ENSURE THAT EQUITY AN D ENVIRONMENTAL JUSTIC E
GEOGRAPHICAL IMPACT REMEDIES ARE KEY PRINCIPLES ; AND
(3) INCORPORATE ENVIRONMENTAL AND CL IMATE JUSTICE
GEOGRAPHICAL IMPACT CONSIDERATIONS INTO ALL RECO MMENDATIONS ,
POLICIES, PROGRAMS, AND FUNDING PRIORITI ES.
SUBTITLE 9. MARYLAND CLIMATE JUSTICE CORPS.
1–901.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
Ch. 38 2022 LAWS OF MARYLAND
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(B) “CLEAN ENERGY PROJECT ” MEANS A PROJECT TO I MPROVE ACCESS TO
CLEAN, RENEWABLE ENERGY SOU RCES IN A COMMUNITY DISPROPORTIONATELY
AFFECTED BY CLIMATE CHANGE.
(C) “CLIMATE MITIGATION PR OJECT” MEANS A PROJECT TO R EDUCE
EMISSIONS OF GREENHO USE GASES AND CO –POLLUTANTS AND MITIG ATE THE
HEALTH IMPACTS OF CL IMATE CHANGE IN A CO MMUNITY DISPROPORTIO NATELY
AFFECTED BY CLIMATE CHANGE.
(D) “COMMUNITY DISPROPORTI ONATELY AFFECTED BY CLIMATE CHANGE ”
MEANS A COMMUNITY ID ENTIFIED USING THE M ETHODOLOGY RECOMMEND ED BY
THE COMMISSION ON ENVIRONME NTAL JUSTICE AND SUSTAINABLE COMMUNITIES
UNDER § 1–702 OF THIS TITLE.
(E) “COORDINATING ENTITY” MEANS THE CHESAPEAKE BAY TRUST
ESTABLISHED UNDER § 8–1902 OF THE NATURAL RESOURCES ARTICLE.
(E) (F) “CORPS BOARD” MEANS THE ADVISORY BOARD OF THE CORPS
PROGRAM.
(F) (G) “CORPS PROGRAM” MEANS THE MARYLAND CLIMATE JUSTICE
CORPS PROGRAM ESTABLISHED U NDER § 1–902 OF THIS SUBTITLE.
(G) (H) “QUALIFIED ORGANIZATIO N” MEANS:
(1) A NONPROFIT ORGANIZATI ON OR NONBUSINESS ENTITY;
(2) AN EDUCATIONAL , ADVOCACY, OR JOB TRAINING ORGA NIZATION;
(3) A COMMUNITY ASSOCIATIO N;
(4) A SERVICE, YOUTH, OR CIVIC GROUP ;
(5) A PUBLIC OR PRIVATE ED UCATIONAL INSTITUTIO N;
(6) A COUNTY OR MUNICIPALI TY; OR
(7) A UNIT OF STATE OR LOCAL GOVERNMENT .
1–902.
(A) THERE IS A MARYLAND CLIMATE JUSTICE CORPS PROGRAM
ADMINISTERED BY THE DEPARTMENT , IN CONSULTATION WITH THE CORPS BOARD LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 19 –
DEPARTMENT AND MANAGE D BY THE COORDINATING ENTITY IN ACCORDANCE
WITH THIS SUBTITLE .
(B) THE COORDINATING ENTITY SHALL MANAGE T HE PRIMARY ACTIVITIE S,
MANAGE THE BUDGET , AND PROMOTE THE PURP OSE OF THE CORPS PROGRAM.
(B) (C) THE PURPOSE OF THE CORPS PROGRAM IS TO:
(1) PROMOTE CLIMATE JUSTI CE AND ASSIST THE STATE IN
ACHIEVING ITS GREENH OUSE GAS EMISSIONS REDUCTION TARGETS;
(2) PROVIDE YOUTH AND YOU NG ADULTS WITH OPPOR TUNITIES TO
ENGAGE IN MEANINGFUL SERVICE TO THEIR COM MUNITIES AND THE STATE;
(3) MOBILIZE, EDUCATE, AND TRAIN YOUTH AND YOUNG ADULTS TO
DEPLOY CLEAN ENERGY TECHNOLOGY AND MITIG ATE AND PREVENT THE
ENVIRONMENTAL AND HE ALTH IMPACTS OF CLIM ATE CHANGE IN COMMUN ITIES
DISPROPORTIONATELY A FFECTED BY CLIMATE C HANGE;
(4) ENSURE UNDERSERVED A ND ENVIRONMENTAL JUS TICE
POPULATIONS ARE GIVE N ASSISTANCE NEEDED TO PREPARE FOR AND A DAPT TO
THE IMPACTS OF CLIMA TE CHANGE; AND
(5) PROVIDE A GREEN CAREE R LADDER AND OPPORTU NITIES FOR
ALL YOUTH AND YOUNG ADULTS, ESPECIALLY THOSE MOS T AT RISK, TO BE EXPOSED
TO AND TRAINED IN TH E ENERGY EFFICIENCY , ENVIRONMENTAL PROTEC TION,
GOVERNMENTAL AND REG ULATORY ADMINISTRATI ON, AND RENEWABLE ENERGY
GENERATION SECTORS .
1–903.
(A) (1) THE PURPOSE OF THE CORPS BOARD IS TO ADVISE TH E
DEPARTMENT COORDINATING ENTITY AND THE DEPARTMENT IN THE
DEVELOPMENT AND IMPL EMENTATION OF THE CORPS PROGRAM.
(2) THE CORPS BOARD CONSISTS OF THE FOLLOWING MEMBERS :
(I) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED
BY THE PRESIDENT OF THE SENATE;
(II) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED
BY THE SPEAKER OF THE HOUSE;
Ch. 38 2022 LAWS OF MARYLAND
– 20 –
(III) ONE PRESIDENT FROM A HISTORICALLY BLACK C OLLEGE
OR UNIVERSITY IN THE STATE, OR THE PRESIDENT ’S DESIGNEE, APPOINTED BY THE
COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES ;
(IV) TWO MEMBERS OF THE BOARD OF DIRECTORS OF THE
MARYLAND CORPS BOARD APPOINTED BY TH E BOARD CHAIR;
(V) THREE MEMBERS APPOINT ED BY THE GOVERNOR WITH THE
ADVICE AND CONSENT O F THE SENATE, INCLUDING AT LEAST O NE INDIVIDUAL
FROM THE NONPROFIT S ECTOR WITH A BACKGROUND IN EDUC ATION AND STUDENT
SERVICE AND ONE WITH A BACKGROUND IN WORK FORCE DEVELOPMENT ; AND
(VI) THREE MEMBERS OF THE COMMISSION ON
ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES, APPOINTED BY THE
CHAIR OF THE COMMISSION.
(3) IF A REGULATED LOBBYIST I S APPOINTED TO SERVE AS A MEMBER
OF THE CORPS BOARD, THE LOBBYIST IS NOT SUBJECT TO:
(I) § 5–504(D) OF THE GENERAL PROVISIONS ARTICLE; OR
(II) § 5–704(F)(3) OF THE GENERAL PROVISIONS ARTICLE AS A
RESULT OF THAT SERVI CE.
(B) A MEMBER OF THE CORPS BOARD SHALL RESIDE IN THE STATE.
(C) IN MAKING APPOINTMENT S TO THE CORPS BOARD, THE GOVERNOR
SHALL CONSIDER :
(1) RACIAL, ETHNIC, CULTURAL, AND GENDER DIVERSITY ; AND
(2) ALL GEOGRAPHIC REGION S OF THE STATE.
(D) A MEMBER OF THE CORPS BOARD:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE CORPS
BOARD; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
(E) (1) THE TERM OF A MEMBER IS 4 YEARS.
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 21 –
(2) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY
THE TERMS PROVIDED F OR MEMBERS ON JULY 1, 2022.
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
A SUCCESSOR IS APPOI NTED AND QUALIFIES .
(4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND
QUALIFIES.
(F) THE APPOINTING AUTHOR ITY MAY REMOVE A MEM BER FOR
INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES OF THE
POSITION.
(G) (1) THE CORPS BOARD SHALL DETERMINE THE T IMES AND PLACES
OF ITS MEETINGS.
(2) THE CORPS BOARD MAY ACT WITH AN AFFIRMATIVE VOTE OF
SEVEN MEMBERS .
(3) THE CORPS BOARD SHALL MAKE PUBL ICLY AVAILABLE ON IT S
WEBSITE LIVE VIDEO S TREAMING OF EACH POR TION OF A MEETING TH AT IS HELD
IN OPEN SESSION.
1–904.
(A) FROM AMONG ITS MEMBER S, THE CORPS BOARD SHALL ELECT A C HAIR
AND A VICE CHAIR.
(B) THE DEPARTMENT COORDINATING ENTITY SHALL PROVIDE STAFF
SUPPORT FOR THE CORPS BOARD.
1–905.
(A) (1) THE DEPARTMENT COORDINATING ENTITY, IN CONSULTATION
WITH THE CORPS BOARD, SHALL MAKE GRANTS TO QUALIFIED ORGANIZATI ONS TO
SUPPORT A MARYLAND CLIMATE JUSTICE CORPS PROGRAM THAT INVOLVES
YOUTH AND YOUNG ADUL TS THROUGHOUT THE STATE TO CARRY OUT TH IS
SUBTITLE.
(2) THE CORPS PROGRAM SHALL ENGA GE AND DEVELOP CORPS
MEMBERS IN CLIMATE J USTICE PROJECTS AND CLEAN ENERGY PROJECT S IN
COMMUNITIES DISPROPO RTIONATELY AFFECTED BY CLIMATE CHANGE .
Ch. 38 2022 LAWS OF MARYLAND
– 22 –
(3) ELIGIBLE CORPS PROGRAM EXPENSES INCL UDE PERSONNEL
COSTS, STIPENDS, SUPPLIES, AND OTHER MATERIALS FOR PROJECTS UNDERTAKEN
BY CORPS MEMBERS .
(B) THE DEPARTMENT COORDINATING ENTITY, IN CONSULTATION WITH
THE CORPS BOARD, SHALL DEVELOP GUIDEL INES FOR EVALUATING APPLICATIONS
FROM QUALIFIED ORGAN IZATIONS.
(C) THE GUIDELINES DEVELO PED IN ACCORDANCE WI TH SUBSECTION (B)
OF THIS SECTION SHAL L:
(1) CONSIDER THE CAPABILI TY OF THE QUALIFIED ORGANIZATION
TO CARRY OUT CORPS PROGRAMS OR PRO JECTS;
(2) ENCOURAGE AND CONSIDE R MULTIYEAR , MULTIPARTNER
PROPOSALS, LOCAL MATCH , COST–SHARING AGREEMENTS , AND IN–KIND MATCH AS
FACTORS IN EVALUATIN G CORPS PROGRAM GRANT APPLICA TIONS; AND
(3) REQUIRE GRANT APPLICA TIONS TO DESCRIBE HO W THE
QUALIFYING ORGANIZAT ION INTENDS TO:
(I) ASSESS THE SKILLS OF CORPS PROGRAM PARTICIPANTS ;
(II) PROVIDE LIFE SKILLS A ND WORK SKI LLS TRAINING;
(III) PROVIDE TRAINING AND EDUCATION, IN ADDITION TO THE
TRAINING PROVIDED AS A PART OF THE MAIN CORPS PROGRAM;
(IV) DEVELOP, WHERE RELEVANT , AGREEMENTS FOR
ACADEMIC STUDY WITH :
1. LOCAL EDUCATION AGENC IES;
2. COMMUNITY COLLEGES;
3. 4–YEAR COLLEGES ;
4. AREA CHARTER HIGH SCH OOLS AND
VOCATIONAL–TECHNICAL SCHOOLS ; AND
5. COMMUNITY–BASED ORGANIZATIONS ; AND
(V) PROVIDE CAREER AND ED UCATIONAL GUIDANCE .
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 23 –
(D) A GRANT AGREEMENT REGA RDING FUNDS FROM THE DEPARTMENT
COORDINATING ENTITY SHALL:
(1) SPECIFY THE ALLOWED U SE OF THE FUNDS PROV IDED UNDER
THE GRANT , INCLUDING ACCOUNTABI LITY MEASURES AND PE RFORMANCE
REQUIREMENTS ;
(2) TAKE INTO ACCOUNT THE NEED FOR EFFICIENT M ULTIYEAR
FUNDING AND ADMINIST RATION OF THE FUNDS; AND
(3) INCLUDE PROVISIONS FO R VERIFICATION THAT CORPS
PROGRAMS AND PROJECT S ARE BEING IMPLEMEN TED AS PLANNED .
1–906.
(A) FOR THE CORPS PROGRAM, THE DEPARTMENT COORDINATING ENTITY
AND QUALIFIED ORGANI ZATIONS SHALL PRINCI PALLY RECRUIT INDIVIDUALS FOR A
MINIMUM 6–MONTH COMMITMENT WHO , AT THE TIME OF ENROL LMENT, ARE AT
LEAST 18 YEARS OLD AND NOT MO RE THAN 25 YEARS OLD.
(B) QUALIFIED ORGANIZATIO NS MAY NOT UNDERTAKE A PROJECT IF THE
PROJECT WOULD REPLAC E REGULAR WORKERS OR DUPLICATE OR RE PLACE AN
EXISTING SERVICE IN THE SAME LOCALITY .
(C) A CORPS MEMBER MAY RECE IVE A STIPEND.
(D) STIPENDS FOR CORPS MEMBERS SHALL I NCLUDE MONETARY
PAYMENTS OF AT LEAST $15 PER HOUR AND HEALTH INSURANCE BENEFITS .
1–907.
(A) THE DEPARTMENT COORDINATING ENTITY SHALL PROVIDE
TECHNICAL ASSISTANCE TO QUALIFIED ORGANIZ ATIONS THAT REQUEST
ASSISTANCE.
(B) THE DEPARTMENT COORDINATING ENTITY SHALL CONVENE CORPS
MEMBERS ON A REGULAR BASIS IN ORDER TO :
(1) PROMOTE TEAM BUILDING AMONG THE PARTICIPAN TS;
(2) DEVELOP AN UNDERSTAND ING OF THE OVERALL CORPS
PROGRAM PURPOSE ;
(3) SHARE INFORMATION ABO UT BEST PRACTICES ; Ch. 38 2022 LAWS OF MARYLAND
– 24 –
(4) RECOGNIZE EXCELLENCE ; AND
(5) PROVIDE TRAINING AND OTHER LEARNING OPPOR TUNITIES.
(C) IN PROVIDING TRAINING AND TECHNICAL ASSIST ANCE, THE
DEPARTMENT COORDINATING ENTITY MAY CONTRACT W ITH AN ORGANIZATION
WITH A PROVEN TRACK RECORD OF DEVELOPING AND SUSTAINING CORPS
PROGRAMS, WORKING WITH THE MARYLAND CONSERVATION CORPS MODEL , AND
ENGAGING YOUNG PEOPL E.
1–908.
(A) THE CORPS PROGRAM’S PROJECTS AND ACTIVITIE S SHALL MEET AN
IDENTIFIABLE PUBLIC NEED WITHIN A COMMUN ITY DISPROPORTIONATE LY
AFFECTED BY CLIMATE CHANGE, WITH SPECIFIC EMPHAS IS ON PROJECTS THAT
RESULT IN LONG –TERM REDUCTIONS TO G REENHOUSE GAS EMISSI ONS AND
IMPROVEMENTS TO PUBL IC HEALTH AND THE ENVIRONM ENT.
(B) CLIMATE MITIGATION PR OJECTS MAY INCLUDE :
(1) PROJECTS TO EXPAND UR BAN TREE CANOPY , IMPLEMENT GREEN
ROOFTOPS, AND TAKE OTHER ACTIO NS TO REDUCE URBAN H EAT ISLAND EFFECTS ;
AND
(2) PROJECTS TO IMPROVE A CCESS TO CLEAN , RELIABLE
TRANSPORTATION , INCLUDING THROUGH TH E EXPANSION OF BIKE TRAILS AND
PEDESTRIAN WALKWAYS .
(C) CLEAN ENERGY PROJECTS MAY INCLUDE:
(1) PROJECTS TO INSTALL R ENEWABLE ENERGY SYST EMS AT
LOW–INCOME HOUSEHOLDS AN D SCHOOLS , LIBRARIES, AND OTHER PUBLIC
BUILDINGS;
(2) PROJECTS TO UNDERTAKE HOLISTIC RETROFITS O F
LOW–INCOME HOUSEHOLDS , INCLUDING WEATHERIZA TION AND HEAT PUMP
INSTALLATION; AND
(3) PROJECTS TO PROVIDE E XPERIENCE IN THE ENE RGY
EFFICIENCY, ENVIRONMENTAL PROTEC TION, GOVERNMENTAL AND REG ULATORY
ADMINISTRATION , AND RENEWABLE ENERGY GENERATION SECTORS .
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 25 –
1–909.
(A) THE DEPARTMENT AND THE CORPS BOARD COORDINATING ENTITY
SHALL SEEK FEDERAL F UNDS AND GRANTS AND DONATIONS FROM PRIVA TE
SOURCES TO BE MADE T O THE DEPARTMENT FOR THE PU RPOSE OF LONG–TERM
FUNDING OF THE CORPS PROGRAM.
(B) (1) IN FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF
$1,500,000 TO THE DEPARTMENT FOR THE CORPS PROGRAM.
(2) THE DEPARTMENT SHALL TRANSFER THE FUNDS R ECEIVED
UNDER PARAGRAPH (1) OF THIS SUBSECTION T O THE COORDINATING ENTITY FOR
THE OPERATION OF THE CORPS PROGRAM.
1–910.
(A) IN DEVELOPING ITS PRO GRAMS AND SEEKING FE DERAL AND STATE
GRANTS, THE DEPARTMENT AND THE CORPS BOARD COORDINATING ENTITY
SHALL:
(1) COORDINATE ALL EFFORT S WITH THE MARYLAND CORPS
PROGRAM ESTABLISHED U NDER § 24–1102 OF THE EDUCATION ARTICLE;
(2) COORDINATE ALL EFFORT S WITH THE MARYLAND
CONSERVATION CORPS, TO ENGAGE YOUNG ADUL TS IN CONSERVATION S ERVICE
PROJECTS;
(3) SEEK ASSISTANCE AND A DVICE FROM RELEVANT PUBLIC AND
PRIVATE SOURCES ; AND
(4) EXPLORE OPPORTUNITIES FOR INITIATING A COL LEGE–LEVEL
CAMPAIGN TO ENGAGE W ITH COMMUNITY COLLEG ES, HISTORICALLY BLACK
COLLEGES AND UNIVERS ITIES, AND OTHER INSTITUTES OF HIGHER LEARNING I N
THE STATE.
(B) IN DEVELOPING CLEAN E NERGY INFRASTRUCTURE AND EDUCATIONAL
PROGRAMS, THE DEPARTMENT COORDINATING ENTITY AND THE CORPS BOARD
SHALL SEEK ASSISTANC E FROM AND COOPERATE WITH THE MARYLAND CLEAN
ENERGY CENTER UNDER TITLE 10, SUBTITLE 8 OF THE ECONOMIC DEVELOPMENT
ARTICLE.
Ch. 38 2022 LAWS OF MARYLAND
– 26 –
(C) IN DEVELOPING ITS CORPS MEMBER PROGRAMS , THE DEPARTMENT
COORDINATING ENTITY AND THE CORPS BOARD SHALL SEEK ASSI STANCE FROM
AND COOPERATE WITH :
(1) THE MARYLAND SERVICE CORPS AND THE GOVERNOR’S OFFICE
ON SERVICE AND VOLUNTEERISM UNDER TITLE 9.5, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE;
(2) THE DEPARTMENT OF COMMERCE AND OTHER AP PROPRIATE
UNITS OF STATE GOVERNMENT AND PRIVATE SECTOR ENTIT IES TO DEVELOP
OPPORTUNITIES FOR ST UDENT PARTICIPATION IN PRIVATE SECTOR ACTIV ITIES,
SUCH AS INTERNSHIP A ND EXTERNSHIP PROGRA MS; AND
(3) COMMUNITY COLLEGES , 4–YEAR COLLEGES , AND UNIVERSITIES
IN THE STATE, TO DEVELOP OPPORTUNI TIES FOR COURSE CRED IT ARRANGEMENTS
THROUGH WHICH CORPS MEMBERS MAY EAR N COURSE CREDIT S FOR
PARTICIPATION IN THE CORPS PROGRAM AS AN A LTERNATIVE TO OR IN ADDITION
TO PAYMENT OF A STIP END.
1–911.
(A) ON OR BEFORE OCTOBER 1 EACH YEAR , THE DEPARTMENT , IN
CONSULTATION WITH TH E COORDINATING ENTITY AND THE CORPS BOARD, SHALL
REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY.
(B) THE REPORT SHALL INCL UDE A COMPLETE OPERA TING AND FINANCIAL
STATEMENT COVERING T HE OPERATIONS OF THE CORPS BOARD COORDINATING
ENTITY AND A SUMMARY OF THE ACTIVITIES OF THE CORPS BOARD DURING THE
PRECEDING FISCAL YEA R.
2–407.
(A) THIS SUBJECT TO § 2–409 OF THIS SUBTITLE , THIS SECTION APPLIES
ONLY TO A MUNICIPAL SOLID WASTE LANDFILL THAT IS REQUIRED TO MONITOR AND
REPORT METHANE EMISS IONS TO THE DEPARTMENT .
(B) IF METHANE EMISSIONS DATA ACQUIRED FROM A IRCRAFT
OBSERVATIONS , WHERE AVAILABLE , EXCEEDS THE GROUND –LEVEL EMISSIONS
DATA REPORTED BY A M UNICIPAL SOLID WASTE LANDFILL BY MORE THA N 25%, THE
DEPARTMENT SHALL REQU IRE THE LANDFILL OPE RATOR TO:
(1) INVESTIGATE THE DIFFEREN CE BETWEEN THE DATA ; LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 27 –
(2) REASSESS THE METHODOL OGY AND EQUIPMENT US ED TO OBTAIN
THE GROUND –LEVEL DATA; AND
(3) (I) TAKE ANY STEPS NECESS ARY TO IMPROVE THE A CCURACY
OF GROUND–LEVEL EMISSIONS DATA ; OR
(II) EXPLAIN TO THE DEPARTMENT THE SCIENT IFIC BASIS FOR
BELIEVING THAT THE G ROUND–LEVEL EMISSIONS DATA IS ACCURATE.
(C) THE DEPARTMENT SHALL PUBL ICLY DISCLOSE ON THE DEPARTMENT ’S
WEBSITE:
(1) ALL METHANE EMISSIONS DATA OBTAINED THROUG H AIRPLANE
OBSERVATIONS ; AND
(2) ANY DISCREPANCIES BET WEEN METHANE EMISSIO NS DATA
OBTAINED THROUGH AIR CRAFT OBSERVATIONS A ND GROUND –LEVEL METHANE
EMISSIONS DATA REPOR TED BY MUNICIPAL SOL ID WASTE LANDFILLS .
2–408.
(A) ON SUBJECT TO § 2–409 OF THIS SUBTITLE, ON OR BEFORE JANUARY 1,
2024, THE DEPARTMENT SHALL ADOP T REGULATIONS ESTABL ISHING SURFACE
METHANE EMISSIONS ST ANDARDS FOR MUNICIPA L SOLID WASTE LANDFI LLS.
(B) THE REGULATIONS SHALL BE AT LEAST AS STRIN GENT AS THE
CALIFORNIA LANDFILL METHANE REGULATION ADOPTED ON JUNE 17, 2010.
2–409.
(A) THE DEPARTMENT MAY EXEMPT A MUNICIPAL SOLID WA STE LANDFILL
FROM THE REQUIREMENT S OF § 2–407 OF THIS SUBTITLE AND ANY REGULATIONS
ADOPTED UNDER § 2–408 OF THIS SUBTITLE BAS ED ON:
(1) ACTUAL SITE EMISSION DATA OR MODELS ;
(2) ACTIVITIES SUCH AS VOLUNTARY IM PLEMENTATION OF
LANDFILL GAS MANAGEM ENT SYSTEMS BELOW MA NDATORY GAS MANAGEME NT
THRESHOLDS ESTABLISH ED UNDER TITLE V OF THE FEDERAL CLEAN AIR ACT;
(3) IMPLEMENTATION OF ORG ANICS COMPOSTING SYS TEMS;
Ch. 38 2022 LAWS OF MARYLAND
– 28 –
(4) IMPLEMENTATION OF ENC LOSED OR GANICS ANAEROBIC
DIGESTION WITH GAS C APTURE THAT OTHERWIS E REDUCES GREENHOUSE GASES;
(5) REQUESTS FROM MUNICIP AL SOLID WASTE LANDF ILL
OPERATORS TO ACCOMMO DATE THE CONSTRUCTIO N OF NEW RENEWABLE E NERGY
FACILITIES ON CLOSED MUNICIPAL SOLID WAST E LANDFILLS; OR
(6) OTHER SCIENCE–BASED, EVIDENTIARY EXEMPTIO N REQUESTS.
(B) IF THE COST OF MONITO RING OR MEASURING ME THANE EMISSIONS
FROM A MUNICIPAL SOL ID WASTE LANDFILL IN ACCORDANCE WITH STATE
REQUIREMENTS ESTABLI SHED UNDER § 2–407 OR § 2–408 OF THIS SUBTITLE
EXCEEDS THE COSTS OF MEASURING OR MONITOR ING METHANE EMISSION S IN
ACCORDANCE WITH FEDE RAL REQUIREMENTS , THE STATE SHALL REIMBURSE THE
LANDFILL OPERATOR FO R 50% OF THE COST DIFFEREN CE.
2–1201.
The General Assembly finds that:
(4) The State has the ingenuity to reduce the threat of global warming and
make greenhouse gas reductions a part of the State’s future by achieving a 25% reduction
in greenhouse gas emissions from 2006 levels by 2020 and by preparing a plan to meet a
longer–term goal of [reducing greenhouse gas emissions by up to 90% from 2006 levels by
2050] ACHIEVING NET –ZERO STATEWIDE GREEN HOUSE GAS EMISSIONS BY 2045 in a
manner that promotes new “green” jobs, and protects existing jobs and the State’s economic
well–being;
2–1204.1.
The State shall reduce statewide greenhouse gas emissions by [40%] 60% from 2006
levels by [2030] 2031.
2–1205.
(a) The State shall develop plans, adopt regulations, and implement programs
that reduce statewide greenhouse gas emissions in accordance with this subtitle.
(b) On or before [December 31, 2018] JUNE 30, 2023, the Department shall:
(1) Submit a proposed plan that reduces statewide greenhouse gas
emissions by [40%] 60% from 2006 levels by 2030 2031 to the Governor and General
Assembly;
(2) Make the proposed plan available to the public; and LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 29 –
(3) Convene a series of public workshops to provide interested parties with
an opportunity to comment on the proposed plan.
(c) (1) The Department shall, on or before December 31, 2012, adopt a final
plan that reduces statewide greenhouse gas emissions by 25% from 2006 levels by 2020.
(2) The Department shall, on or before December 31, [2019] 2023, adopt a
final plan that [reduces]:
(I) REDUCES statewide greenhouse gas emissions by [40%] 60%
from 2006 levels by 2030 2031; AND
(II) SETS THE STATE ON A PATH TOWAR D ACHIEVING NET –ZERO
STATEWIDE GREENHOUSE GAS EMISSIONS BY 2045.
(3) [The plans shall be developed in recognition of the finding by the
Intergovernmental Panel on Climate Change that developed countries will need to reduce
greenhouse gas emissions by between 80% and 95% from 1990 levels by 2050 ] THE
DEPARTMENT SHALL :
(I) ON OR BEFORE DECEMBER 31, 2030, ADOPT A FINAL PLAN
THAT ACHIEVES NET –ZERO STATEWIDE GREEN HOUSE GAS EMISSIONS BY 2045; AND
(II) ON OR BEFORE DECEMBER 31, 2035, REVIEW AND , AS
NECESSARY, REVISE THE FINAL PLA N TO ACHIEVE NET –ZERO STATEWIDE GAS
EMISSIONS BY 2045.
(d) The final plans required under subsection (c) of this section shall include:
(1) Adopted regulations that implement all plan measures for which State
agencies have existing statutory authority; and
(2) A summary of any new legislative authority needed to fully implement
the plans and a timeline for seeking legislative authority.
(E) A FINAL PLAN DEVELOPED UNDER THIS SECTION :
(1) MAY NOT INCLUDE HIGHW AY WIDENING OR ADDIT IONAL ROAD
CONSTRUCTION AS A GREENHOUSE GAS EMISSION REDUCTION M EASURE;
(2) MAY INCLUDE THE USE O F CARBON CAPTURE , ELECTRIC
DISTRIBUTION AND TRA NSMISSION INFRASTRUCTURE IMPRO VEMENTS, AND
STORAGE TECHNOLOGY A S A GREENHOUSE GAS E MISSION REDUCTION ME ASURE Ch. 38 2022 LAWS OF MARYLAND
– 30 –
ONLY IF THE TECHNOLO GY HAS BEEN SCIENTIF ICALLY PROVEN TO ACH IEVE
VERIFIABLE CARBON RE DUCTIONS;
(3) SHALL USE THE GLOBAL WARMING POTENTIAL FO R METHANE
OVER A 20–YEAR TIME HORIZON , AS ACCEPTED IN THE M OST RECENT ASSESSMEN T
OF THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE, IN ESTIMATING THE
STATE’S GREENHOUSE GAS EMI SSIONS REDUCTIONS ;
(4) SHALL INCLUDE POLICY RECOMMENDATIO NS TO ENSURE THE
CONTINUED OPERATION OF MARYLAND’S EXISTING ZERO CARB ON EMISSION
ELECTRIC GENERATORS THROUGH CURRENT OPER ATING LICENSES;
(4) (5) SHALL INCLUDE SPECIFI C ESTIMATES OF THE
GREENHOUSE GAS EMISS IONS REDUCTIONS THAT COULD BE ACHIEVED THROUGH
THE EXPANSION OF MAS S TRANSIT OPTIONS ; AND
(5) (6) SHALL INCLUDE SPECIFI C ESTIMATES OF THE R EDUCTIONS
EXPECTED FROM EACH G REENHOUSE GAS EMISSI ONS REDUCTION MEASUR E
INCLUDED IN THE PLAN .
[(e)] (F) In developing and adopting a final plan to reduce statewide greenhouse
gas emissions, the Department shall consult with State and local agencies as appropriate.
[(f)] (G) (1) Unless required by federal law or regulations or existing State
law, regulations adopted by State agencies to implement a final plan may not:
(i) Require greenhouse gas emissions reductions from the State’s
manufacturing sector; or
(ii) Cause a significant increase in costs to the State’s manufacturing
sector.
(2) Paragraph (1) of this subsection may not be construed to exempt
greenhouse gas emissions sources in the State’s manufacturing sector from the obligation
to comply with:
(i) Greenhouse gas emissions monitoring, recordkeeping, and
reporting requirements for which the Department had existing authority under § 2–301(a)
of this title on or before October 1, 2009; or
(ii) Greenhouse gas emissions reductions required of the
manufacturing sector as a result of the State’s implementation of the Regional Greenhouse
Gas Initiative.
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 31 –
[(g)] (H) A regulation adopted by a State agency for the purpose of reducing
greenhouse gas emissions in accordance with this section may not be construed to result in
a significant increase in costs to the State’s manufacturing sector unless the source would
not incur the cost increase but for the new regulation.
2–1206.
In developing and implementing the plans required by § 2–1205 of this subtitle, the
Department shall:
(1) Analyze the feasibility of measures to comply with the greenhouse gas
emissions reductions required by this subtitle;
(2) Consider the impact on rural communities of any transportation related
measures proposed in the plans;
(3) Provide that a greenhouse gas emissions source that voluntarily
reduces its greenhouse gas emissions before the implementation of this subtitle shall
receive appropriate credit for its early voluntary actions;
(4) Provide for the use of offset credits generated by alternative compliance
mechanisms executed within the State, including carbon sequestration projects, to achieve
compliance with greenhouse gas emissions reductions required by this subtitle;
(5) Ensure that the plans do not decrease the likelihood of reliable and
affordable electrical service and statewide fuel supplies;
(6) Consider whether the measures would result in an increase in
electricity costs to consumers in the State;
(7) Consider the impact of the plans on the ability of the State to:
(i) Attract, expand, and retain commercial aviation services; and
(ii) Conserve, protect, and retain agriculture; [and]
(8) Ensure that the greenhouse gas emissions reduction measures
implemented in accordance with the plans:
(i) Are implemented in an efficient and cost–effective manner;
(ii) Do not disproportionately impact rural or low–income, low– to
moderate–income, or minority communities or any other particular class of electricity
ratepayers;
(iii) Minimize leakage; Ch. 38 2022 LAWS OF MARYLAND
– 32 –
(iv) Are quantifiable, verifiable, and enforceable;
(v) Directly cause no loss of existing jobs in the manufacturing
sector;
(vi) Produce a net economic benefit to the State’s economy and a net
increase in jobs in the State, AS COMPARED WITH A N O–ACTION SCENARIO ; and
(vii) Encourage new employment opportunities in the State related to
energy conservation, alternative energy supply, and greenhouse gas emissions reduction
technologies, PARTICULARLY IN AREA S OF THE STATE EXPERIENCING LOW RATES OF
EMPLOYMENT OR HIGH C ONCENTRATIONS OF POV ERTY A COMBINATION OF URB AN
HEAT, AND CLIMATE CHANGE, AND ENVIRONMENTAL JUSTIC E IMPACTS;
(9) INCORPORATE TOP –DOWN METHANE EMISSIO NS DATA ACQUIRED
THROUGH AIRCRAFT OBS ERVATIONS; AND
(10) USE THE BEST AVAILABL E SCIENTIFIC INFORMA TION, AS
INCLUDED IN THE MOST RECENT ASSESSMENTS A ND REPORTS OF THE
INTERGOVERNM ENTAL PANEL ON CLIMATE CHANGE.
2–1210.
On review of the study required under § 2–1207 of this subtitle, and the reports
required under § 2–1211 of this subtitle, the General Assembly:
(1) May act to maintain, revise, or eliminate the [40%] greenhouse gas
emissions [reduction] REDUCTIONS required under [§ 2–1204.1] §§ 2–1204.1 AND
2–1204.2 of this subtitle; and
(2) Shall consider whether to continue the special manufacturing
provisions in § 2–1205(f)(1) of this subtitle.
2–1303.
(a) The Commission shall establish:
(1) A Scientific and Technical Working Group;
(2) A Greenhouse Gas Mitigation Working Group;
(3) An Adaptation and Response Working Group; [and]
(4) An Education, Communication, and Outreach Working Group; AND LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 33 –
(5) SUBJECT TO § 2–1303.1 OF THIS SUBTITLE , A JUST TRANSITION
EMPLOYMENT AND RETRAINING WORKING GROUP;
(6) SUBJECT TO § 2–1303.2 OF THIS SUBTITLE, AN ENERGY INDUSTRY
REVITALIZATION WORKING GROUP;
(7) SUBJECT TO § 2–1303.3 OF THIS SUBTITLE , AN ENERGY
RESILIENCE AND EFFICIENCY WORKING GROUP; AND
(8) SUBJECT TO § 2–1303.4 OF THIS SUBTITLE , A SOLAR
PHOTOVOLTAIC SYSTEMS RECOVERY, REUSE, AND RECYCLING WORKING GROUP.
2–1303.1.
(A) IN THIS SECTION, “WORKING GROUP” MEANS THE JUST TRANSITION
EMPLOYMENT AND RETRAINING WORKING GROUP OF THE COMMISSION.
(B) THE COMMISSION SHALL ESTA BLISH A JUST TRANSITION
EMPLOYMENT AND RETRAINING WORKING GROUP.
(C) THE WORKING GROUP SHALL INCLUDE :
(1) TWO MEMBERS OF THE SENATE OF MARYLAND, APPOINTED BY
THE PRESIDENT OF THE SENATE;
(2) TWO MEMBERS OF THE HOUSE OF DELEGATES, APPOINTED BY
THE SPEAKER OF THE HOUSE;
(3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
(4) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE;
(5) THE SECRETARY OF TRANSPORTATION , OR THE SECRETARY’S
DESIGNEE;
(6) ONE ELECTRICAL WORKER , SELECTED BY THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS;
(6) (7) ONE CONSTRUCTION LABO RER, SELECTED BY THE
BALTIMORE WASHINGTON LABORERS’ DISTRICT COUNCIL;
Ch. 38 2022 LAWS OF MARYLAND
– 34 –
(7) (8) TWO REPRESENTATIVES O F THE BUILDING AND
CONSTRUCTION TRADE I NDUSTRY, SELECTED BY THE BALTIMORE–DC METRO
BUILDING AND CONSTRUCTION TRADES COUNCIL;
(8) (9) FOUR LABOR REPRESENTA TIVES, THREE SELECTED BY THE
MARYLAND STATE AFL–CIO AND ONE SELECTED BY THE MID–ATLANTIC PIPE
TRADES ASSOCIATION;
(9) (10) ONE REPRESENTATIVE OF THE ENERGY EFFICIENC Y
INDUSTRY, SELECTED BY THE SECRETARY;
(10) (11) ONE REPRESENTATIVE OF THE MARYLAND CHAPTER OF
THE SIERRA CLUB, SELECTED BY THE MARYLAND CHAPTER OF THE SIERRA CLUB;
TWO REPRESENTATIVES O F ENVIRONMENTAL ORGA NIZATIONS, SELECTED BY THE
GOVERNOR;
(11) (12) ONE REPRESENTATIVE OF THE SOLAR ENERGY IND USTRY,
SELECTED BY THE MARYLAND–DC–DELAWARE–VIRGINIA SOLAR ENERGY
INDUSTRIES CHESAPEAKE SOLAR AND STORAGE ASSOCIATION;
(12) (13) ONE REPRESENTATIVE OF THE WIND ENERGY INDU STRY,
SELECTED BY THE AMERICAN WIND ENERGY CLEAN POWER ASSOCIATION;
(13) (14) ONE REPRESENTATIVE OF THE GEOTHERMAL ENERG Y
INDUSTRY SELECTED BY THE MARYLAND GEOTHERMAL ASSOCIATION;
(13) (14) (15) TWO REPRESENTATIVES O F REGISTERED
APPRENTICESHIP SPONS ORS, ONE SELECTED BY THE MARYLAND CHAPTERS OF THE
ASSOCIATED BUILDERS AND CONTRACTORS AND ONE S ELECTED BY THE
BALTIMORE–DC METRO BUILDING AND CONSTRUCTION TRADES COUNCIL;
(14) (15) (16) ONE COMMUNITY COLLEGE REPRESENTATIVE ,
SELECTED BY THE MARYLAND ASSOCIATION OF COMMUNITY COLLEGES;
(15) (16) (17) ONE REPRESENTATIVE WH O IS A VETERAN ,
SELECTED BY THE MARYLAND MILITARY COALITION;
(16) (17) (18) ONE REPRESENTATIVE WHO IS A FORMERLY
INCARCERATED INDIVID UAL, SELECTED BY THE LEGAL ACTION CENTER NATIONAL
H.I.R.E. NETWORKS;
(17) (18) (19) TWO AT–LARGE REPRESENTATIVE S WHO ARE WOMEN
IN AFFECTED INDUSTRI ES, SELECTED BY THE GOVERNOR; AND LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 35 –
(18) (19) (20) TWO REPRESENTAT IVES SELECTED BY THE
MARYLAND STATE CHAPTER OF THE NAACP;
(20) (21) ONE HEATING OIL OR PR OPANE DISTRIBUTOR IN THE
STATE, SELECTED BY THE SECRETARY;
(21) (22) ONE REPRESENTATIVE OF MUNICIPAL ELECTRIC
UTILITIES, SELECTED BY THE PUBLIC SERVICE COMMISSION; AND
(22) (23) ONE REPRESENTATIVE OF INVESTOR–OWNED UTILITIES ,
SELECTED BY THE PUBLIC SERVICE COMMISSION.
(D) THE SECRETARY SHALL DESIG NATE THE CHAIR OF TH E WORKING
GROUP.
(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE WORKING GROUP.
(F) A MEMBER OF THE WORKING GROUP:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
WORKING GROUP; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
(G) THE WORKING GROUP SHALL:
(1) ADVISE THE COMMISSION ON ISSUES AND OPPORTUNITIES FO R
WORKFORCE DEVELOPMEN T AND TRAINING RELAT ED TO ENERGY EFFICIE NCY
MEASURES, RENEWABLE ENERGY , AND OTHER CLEAN ENER GY TECHNOLOGIES ,
WITH SPECIFIC FOCUS ON TRAINING AND WORK FORCE OPPORTUNI TIES FOR:
(I) SEGMENTS OF THE POPUL ATION THAT MAY BE
UNDERREPRESENTED IN THE CLEAN ENERGY WOR KFORCE, SUCH AS VETERANS ,
WOMEN, AND FORMERLY INCARCE RATED INDIVIDUALS ; AND
(II) DISLOCATED WORKERS AF FECTED BY THE DOWNSI ZING OF
FOSSIL FUEL INDUSTRI ES;
(2) IDENTIFY:
(I) ENERGY–INTENSIVE INDUSTRIES AND RELATED TRADES ;
Ch. 38 2022 LAWS OF MARYLAND
– 36 –
(II) SITES OF ELECTRIC GEN ERATING FACILITIES T HAT MAY BE
CLOSED AS A RESULT O F A TRANSITION TO RE NEWABLE ENERGY SOURC ES;
(III) SECTOR–SPECIFIC IMPACTS OF THE STATE’S GREENHOUSE
GAS EMISSIONS REDUCT ION PLAN ON THE STATE’S CURRENT WORKFORCE ;
(IV) AVENUES TO MAXIMIZE T HE SKILLS AND EXPERT ISE OF
MARYLAND WORKERS IN T HE NEW ENERGY ECONOM Y;
(V) CHALLENGES AND OPPORT UNITIES REL ATED TO
MINIMIZING ADVERSE E MPLOYMENT AND FINANC IAL IMPACTS ON DISPL ACED
WORKERS AND THEIR CO MMUNITIES THROUGH EN VIRONMENTAL POLICIES
CONDITIONED ON THE F AIR DISTRIBUTION OF COSTS AND BENEFITS ; AND
(VI) RESOURCES NECESSARY T O PROTECT WORKERS FR OM
ECONOMIC INSECURITY , INCLUDING OPTIONS FO R MAINTAINING OR
SUPPLEMENTING RETIRE MENT AND HEALTH CARE BENEFITS FOR DISLOCA TED
WORKERS AFFECTED BY THE DOWNSIZING OF FO SSIL FUEL INDUSTRIES ;
(3) ADVISE THE COMMISSION ON THE POT ENTIAL IMPACTS OF
CARBON LEAKAGE RIS KS ON MARYLAND INDUSTRIES A ND LOCAL HOST
COMMUNITIES , INCLUDING THE IMPACT OF ANY POTENTIAL GRE ENHOUSE GAS
EMISSIONS REDUCTION MEASURES ON THE COMP ETITIVENESS OF MARYLAND
BUSINESSES AND INDUS TRY; AND
(4) CONDUCT A STUDY OF :
(I) THE NUMBER OF JOBS CR EATED TO COUNTER CLI MATE
CHANGE IMPACTS, INCLUDING IN THE ENE RGY SECTOR , BUILDING SECTOR ,
TRANSPORTATION SECTO R, AND WORKING LANDS SE CTOR;
(II) THE PROJECTED INVENTO RY OF JOBS NEEDED AN D SKILLS
AND TRAINING REQUIRE D TO MEET FUTURE DEMAND FOR JOBS TO C OUNTER
CLIMATE CHANGE IMPACTS;
(III) WORKFORCE DISRUPTION DUE TO COMMUNITY CHA NGES
CAUSED BY THE TRANSI TION TO A LOW–CARBON ECONOMY ; AND
(IV) STRATEGIES FOR TARGET ING WORKFORCE DEVELO PMENT
AND JOB CREATION IN FENCELINE COMMUNI TIES THAT HAVE HISTO RICALLY BORNE
THE BRUNT OF HOSTING CARBON POLLUTERS .
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 37 –
(H) ON OR BEFORE DECEMBER 31, 2023, THE WORKING GROUP SHALL
REPORT TO THE COMMISSION AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE F INDINGS OF THE STUDY
REQUIRED UNDER SUBSE CTION (G)(4) OF THIS SECTION.
2–1303.2.
(A) IN THIS SECTION, “WORKING GROUP” MEANS THE ENERGY INDUSTRY
REVITALIZATION WORKING GROUP OF THE COMMISSION.
(B) THE COMMISSION SHALL ESTA BLISH AN ENERGY INDUSTRY
REVITALIZATION WORKING GROUP.
(C) THE WORKING GROUP SHALL INCLUDE :
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
PRESIDENT OF THE SENATE;
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
SPEAKER OF THE HOUSE;
(3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
(4) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S
DESIGNEE;
(5) ONE REPRESENTATIVE OF THE NATIONAL FEDERATION OF
INDEPENDENT BUSINESS, SELECTED BY THE STATE DIRECTOR OF THE NATIONAL
FEDERATION OF INDEPENDENT BUSINESS;
(6) ONE REPRESENTATIVE OF THE MARYLAND CHAMBER OF
COMMERCE, SELECTED BY THE PRESIDENT AND CEO OF THE MARYLAND CHAMBER
OF COMMERCE;
(7) ONE REPRESENTATIVE OF THE MARYLAND SMALL BUSINESS
DEVELOPMENT CENTER, SELECTED BY THE REGI ONAL DIRECTORS OF TH E
MARYLAND SMALL BUSINESS DEVELOPMENT CENTER; AND
(8) SIX REPRESENTATIVES O F THE ENERGY INDUSTR Y, INCLUDING:
(I) TWO REPRESENTATIVES S ELECTED BY THE SECRETARY;
(II) TWO REPRESENTATIVES S ELECTED BY THE PUBLIC
SERVICE COMMISSION; AND Ch. 38 2022 LAWS OF MARYLAND
– 38 –
(III) TWO REPRESENTATIVES SELE CTED BY THE DIRECTOR OF
THE MARYLAND ENERGY ADMINISTRATION .
(D) THE SECRETARY SHALL DESIG NATE THE CHAIR OF TH E WORKING
GROUP.
(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE WORKING GROUP.
(F) A MEMBER OF THE WORKING GROUP:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
WORKING GROUP; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
(G) THE WORKING GROUP SHALL:
(1) ADVISE THE COMMISSION ON ISSUES AND OPPORTUNI TIES
RELATED TO SMALL BUS INESS REVITALIZATION AND THE TRANSITION T O
RENEWABLE ENERGY ’S EFFECTS ON SMALL B USINESSES;
(2) CONDUCT A STUDY OF TH E IMPACTS OF TRANSIT IONING TO
RENEWABLE ENERGY ; AND
(3) INCLUDE IN THE STUDY :
(I) THE NUMBER OF SMALL B USINESSES IMPACTED B Y THE
TRANSITION TO RENEWA BLE ENERGY;
(II) THE PROJECTED COST OF TRANSITIONING EXISTI NG SMALL
BUSINESSES TO RENEWA BLE ENERGY;
(III) THE ECONOMIC IMPACT O F THE TRANSITION TO
RENEWABLE ENERGY AND NEW ENERGY SO URCES, INCLUDING SUPPLY CHA IN
IMPACTS;
(IV) AN ANALYSIS THAT IDEN TIFIES ENERGY GENERA TING
FACILITIES THAT MAY CLOSE AS A RESULT OF A TRANSITION TO RENE WABLE
ENERGY, INCLUDING ISSUES AND OPPORTUNITIES RELATE D TO REPURPOSING THE
SITES; AND
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 39 –
(V) AN ANALYSIS THAT IDENTI FIES OR ESTIMATES , TO THE
EXTENT PRACTICABLE :
1. THE TIMING AND LOCATI ON OF FACILITY CLOSU RES
AND LAYOFFS IN NONRE NEWABLE ENERGY INDUS TRIES;
2. THE IMPACT OF FACILIT Y CLOSURES AND LAYOF FS ON
AFFECTED WORKERS , BUSINESSES, AND COMMUNITIES ; AND
3. HOW THE COMMISSION CAN MOST E FFECTIVELY
RESPOND TO THE IMPAC T OF FACILITY CLOSUR ES AND LAYOFFS , INCLUDING THE
POTENTIAL TO:
A. COMPENSATE BUSINESSES THAT CLOSED DUE TO T HE
EFFECTS OF THE TRANS ITION TO RENEWABLE E NERGY; AND
B. INCENTIVIZE BUSINESSE S TO TRANSITION TO
RENEWABLE ENERGY THR OUGH SUBSIDIES .
(H) ON OR BEFORE DECEMBER 31, 2023, THE WORKING GROUP SHALL
REPORT TO THE COMMISSION AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE FINDINGS OF T HE STUDY
REQUIRED UNDER SUBSE CTION (G) OF THIS SECTION.
2–1303.3.
(A) IN THIS SECTION, “WORKING GROUP” MEANS THE ENERGY RESILIENCE
AND EFFICIENCY WORKING GROUP OF THE COMMISSION.
(B) THE COMMISSION SHALL ESTA BLISH AN ENERGY RESILIENCE AND
EFFICIENCY WORKING GROUP.
(C) THE WORKING GROUP SHALL INCLUDE :
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
PRESIDENT OF THE SENATE;
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
SPEAKER OF THE HOUSE;
(3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
(4) THE DIRECTOR OF THE MARYLAND ENERGY ADMINISTRATION ;
Ch. 38 2022 LAWS OF MARYLAND
– 40 –
(5) THREE REPRESENTATIVES OF THE NUCLEAR ENERG Y INDUSTRY,
SELECTED BY THE DIRECTOR OF THE MARYLAND ENERGY ADMINISTRATION ;
(6) THREE REPRESENTAT IVES OF THE ENERGY T RANSMISSION
INFRASTRUCTURE INDUS TRY, SELECTED BY THE PUBLIC SERVICE COMMISSION;
AND
(7) THREE REPRESENTATIVES OF THE ENERGY STORAG E AND BACKUP
INDUSTRY, SELECTED BY THE SECRETARY.
(D) THE SECRETARY SHALL DESIG NATE THE CHAIR OF TH E WORKING
GROUP.
(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE WORKING GROUP.
(F) A MEMBER OF THE WORKING GROUP:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
WORKING GROUP; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
(G) THE WORKING GROUP SHALL:
(1) ADVISE THE COMMISSION ON ISSUES AND OPPORTUNITIES
RELATED TO ENERGY IN FRASTRUCTURE IMPROVE MENTS, TRANSMISSION
EFFICIENCY IMPROVEME NTS, AND BATTERY BAC KUP VIABILITY; AND
(2) CONDUCT A STUDY OF :
(I) METHODS FOR THE STATE TO ENCOURAGE EL ECTRICITY
STORAGE TECHNOLOGY RESEARCH ;
(II) METHODS OF INCREASING THE SECURITY OF THE
ELECTRICITY GRID BY SUPPORTING DISTRIBUT ED RENEWABLE ENERGY PROJECTS
AND ENERGY STORAGE W ITH THE POTENTIAL TO SUPPLY ELECTRIC ENER GY TO
CRITICAL FACILITIES DURING A WIDESPREAD POWER OUTAGE ;
(III) POTENTIAL ELE CTRIC GRID DISTRIBUT ION
TRANSFORMATION PROJE CTS;
(IV) THE POTENTIAL TO DEVE LOP CLEAN ENERGY RES OURCES
ON PREVIOUSLY DEVELO PED PROJECT SITES ; AND LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 41 –
(V) THE LIFESPAN AND VIAB ILITY OF ENERGY FACI LITIES IN
THE STATE THAT DO NOT EMI T GREENHOUSE GAS , INCLUDING:
1. SOLAR ENERGY GENERATI NG FACILITIES;
2. NUCLEAR ENERGY GENERA TING FACILITIES;
3. WIND ENERGY GENERATIN G FACILITIES;
4. GEOTHERMAL ENERGY GEN ERATING FACILITIES ;
5. HYDROELECTRIC ENERGY GENERATING FACILITIE S;
AND
6. BIOFUEL ENERGY GENERA TING FACILITIES.
(H) ON OR BEFORE DECEMBER 31, 2023, THE WORKING GROUP SHALL
REPORT TO THE COMMISSION AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE FINDI NGS OF THE STUDY
REQUIRED UNDER SUBSECTION (G)(2) OF THIS SECTION.
2–1303.4.
(A) IN THIS SECTION , “WORKING GROUP” MEANS THE SOLAR
PHOTOVOLTAIC SYSTEMS RECOVERY, REUSE, AND RECYCLING WORKING GROUP
OF THE COMMISSION.
(B) THE COMMISSION SHALL ESTA BLISH A SOLAR PHOTOVOLTAIC SYSTEMS
RECOVERY, REUSE, AND RECYCLING WORKING GROUP.
(C) THE WORKING GROUP SHALL INCLUDE :
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
PRESIDENT OF THE SENATE;
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
SPEAKER OF THE HOUSE;
(3) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
(4) THE DIRECTOR OF THE MARYLAND ENERGY ADMINISTRATION ,
OR THE DIRECTOR’S DESIGNEE;
Ch. 38 2022 LAWS OF MARYLAND
– 42 –
(5) THE SECRETARY OF NATURAL RESOURCES, OR THE SECRETARY’S
DESIGNEE;
(6) ONE REPRESENTATIVE OF THE PUBLIC SERVICE COMMISSION,
SELECTED BY THE CHAIR OF THE COMMISSION;
(7) ONE REPRESENTATIVE OF THE CHESAPEAKE CLIMATE ACTION
NETWORK, SELECTED BY THE CHESAPEAKE CLIMATE ACTION NETWORK;
(8) THE FOLLOWING MEMBERS , APPOINTED BY THE GOVERNOR:
(I) ONE REPRESENTATIV E OF AN INVESTOR –OWNED ELECTRIC
COMPANY WITH CUSTOME RS IN THE STATE;
(II) ONE REPRESENTATIVE OF THE UTILITY–SCALE SOLAR
INDUSTRY;
(III) ONE REPRESENTATIVE OF THE COMMUNITY SOLAR ENERGY
INDUSTRY;
(IV) ONE REPRESENTATIVE OF THE DISTRIBUTED GENE RATION
SOLAR INDUSTRY ;
(V) ONE REPRESENTATIVE WI TH EXPERTISE IN SOLA R
PHOTOVOLTAIC SYSTEMS RECOVERY, REUSE, AND RECYCLING ; AND
(VI) ONE INDIVIDUAL WITH E XPERTISE IN DECOMMIS SIONING
ENERGY–RELATED PROJECTS ; AND
(9) ANY OTHER INDIVIDUAL IDENTIFIED BY THE COMMISSION.
(D) THE SECRETARY SHALL DESIG NATE THE CHAIR OF TH E WORKING
GROUP.
(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE WORKING GROUP.
(F) A MEMBER OF THE WORKING GROUP:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
WORKING GROUP; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 43 –
(G) THE WORKING GROUP SHALL:
(1) REVIEW SOLAR PHOTOVOL TAIC SYSTEMS CURRENT LY USED IN
THE STATE, INCLUDING:
(I) EXAMINING THE EXPECTED ECONOMICALLY PRODUCT IVE
LIFE CYCLE OF THE SY STEMS;
(II) REVIEWING THE MATERIA LS THAT ARE USED , HAVE BEEN
USED, OR MAY BE USED IN SO LAR PHOTOVOLTAIC SYS TEMS SOLD IN THE STATE,
INCLUDING IDENTIFYIN G MATERIALS THAT CAN BE RECYCLED OR THAT EXHIBIT ANY
CHARACTERISTICS OF H AZARDOUS WASTE UNDER STATE OR FEDERAL LAW ; AND
(III) IDENTIFYING THE NUMBE R OF SOLAR PHOTOVOLT AIC
SYSTEMS IN USE AND E STIMATING THE POTENT IAL IMPACTS ON THE STATE’S
LANDFILL CAPACITY OF DISPOSING THE SYSTEM S IN THE STATE’S LANDFILLS;
(2) REVIEW OTHER PROGRAMS ON SOLAR PHOTOVOLTAI C SYSTEMS
RECYCLING, DISPOSAL, AND DECOMMISSIONING ;
(3) IDENTIFY ONGOING AND RECENT STUDIES RELAT ED TO SOLAR
PHOTOVOLTAIC SYSTEMS RECYCLING, LIFE–CYCLE ANALYSIS , AND END–OF–LIFE
PROGRAMS;
(4) REVIEW INDUSTRY –APPROVED BEST PRACTI CES FOR MANAGING
END–OF–LIFE SOLAR PHOTOVOLT AIC SYSTEMS AND THEI R COMPONENTS ,
INCLUDING THE EXTENT TO WHICH THE SYSTEMS AND COMPONENTS MAY B E:
(I) IF NOT DAMAGED OR IN NEED OF REPAIR , REUSED FOR A
SIMILAR PURPOSE ;
(II) IF NOT SUBSTANTIALLY DAMAGED, REFURBISHED AND
REUSED FOR A SIMILAR PURPOSE;
(III) RECYCLED AND THE COMP ONENTS RECOVERED FOR REUSE;
(IV) FOR COMPONENTS THAT D O NOT EXHIBIT ANY
CHARACTERISTICS OF H AZARDOUS WASTE UNDER STATE OR FEDERAL LAW , SAFELY
DISPOSED OF IN A CON STRUCTION AND DEMOLI TION OR MUNICIPAL SO LID WASTE
LANDFILL; AND
(V) FOR COMPONENTS THAT E XHIBIT ANY CHARACTER ISTICS
OF HAZARDOUS WASTE U NDER STATE OR FEDERAL LAW , SAFELY DISPOSED OF I N
ACCORDANCE WITH STATE AND FEDERAL REQUIREMENTS ; Ch. 38 2022 LAWS OF MARYLAND
– 44 –
(5) PERFORM AN ECONOMIC A NALYSIS TO DETERMINE THE
POTENTIAL IMPACT OF SOLAR PHOTOVOLTAIC S YSTEMS RECOVERY , REUSE, AND
RECYCLING ON RATEPAY ERS, INCLUDING A COMPARIS ON TO THE ECONOMIC I MPACT
ON RATEPAYERS OF DEC OMMISSIONING , STORING WASTE, AND OTHER COSTS
ASSOCIATED WITH THE END OF LIFE OF OTHER FORMS OF ENERGY GENE RATION;
(6) PERFORM AN IMPACT ASS ESSMENT TO EXAMINE T HE
ENVIRONMENTAL IMPACT S OF VARIOUS SOLAR P HOTOVOLTAIC SYSTEMS ’
END–OF–LIFE SCENARIOS, INCLUDING THE SCENAR IOS SPECIFIED UNDER ITEM (4)
OF THIS SUBSECTION , COMPARED TO THE LIFE –CYCLE ENVIRONMENTAL IMPACTS OF
NONSOLAR ENERGY GENE RATION SOURCES IN TH E STATE, INCLUDING THE
ENVIRONMENTAL IMPACT S OF DECOMMISSIONING , DISPOSAL, AND LONG–TERM
WASTE STORAGE ;
(7) PERFORM AN IMPACT ASSESSMENT TO EXAMINE THE
ENVIRONMENTAL AND EC ONOMIC BENEFITS OF G ENERATING ENERGY FRO M SOLAR
PHOTOVOLTAIC SYSTEMS , INCLUDING A COMPARIS ON TO THE ENVIRONMEN TAL AND
ECONOMIC BENEFITS OF NONSOLAR ENERGY GENE RATION SOURCES IN TH E STATE;
(8) EXAMINE AND RECOMMEND INFRAS TRUCTURE NEEDED TO
DEVELOP A PRACTICAL , EFFECTIVE, AND COST –EFFICIENT METHOD FOR
COLLECTING AND TRANS PORTING END –OF–LIFE SOLAR PHOTOVOLT AIC MODULES
FOR REUSE, REFURBISHMENT , RECYCLING, OR DISPOSAL;
(9) ANALYZE WHETHER FINAN CING MECH ANISMS, INCLUDING
ADVANCE RECOVERY FEE S, RECYCLING AND DISPOS AL FEES, AND PRODUCT
STEWARDSHIP PROGRAMS , ARE NECESSARY TO ENS URE PROPER END –OF–LIFE
MANAGEMENT OF SOLAR PHOTOVOLTAIC SYSTEMS ; AND
(10) RECOMMEND FINANCING M ECHANISMS ANALYZED U NDER ITEM
(9) OF THIS SUBSECTION T HAT BEST SUPPORT A C IRCULAR ECONOMY APPR OACH.
(H) ON OR BEFORE DECEMBER 31, 2023, THE WORKING GROUP SHALL
REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE COMMISSION AND , IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL
ASSEMBLY.
2–1304.
(A) On or before November 15 of each year, the Commission shall report to the
Governor and General Assembly, in accordance with § 2–1257 of the State Government
Article, on the status of the State’s efforts to mitigate the causes of, prepare for, and adapt LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 45 –
to the consequences of climate change, including future plans and recommendations for
legislation, if any, to be considered by the General Assembly.
(B) THE REPORT DUE ON OR BEFORE NOVEMBER 15, 2023, AND EACH
SUBSEQUENT REP ORT SHALL INCLUDE AN ANALYSIS, PREPARED BY THE
DEPARTMENT , OF:
(1) THE TOTAL AMOUNT OF STATE MONEY SPENT ON MEASURES TO
REDUCE GREENHOUSE GA SES AND , TO THE EXTENT PRACTI CABLE,
CO–POLLUTANTS , DURING THE IMMEDIATE LY PRECEDING FISCAL YEAR; AND
(2) THE PERCENTAGE OF THAT F UNDING THAT BENEFITE D
DISPROPORTIONATELY A FFECTED COMMUNITIES IDENTIFIED ACCORDING TO THE
METHODOLOGY ADOPTED BY THE DEPARTMENT UNDER § 1–702 OF THIS ARTICLE.
2–1305.
(a) (1) Each State agency shall review its planning, regulatory, and fiscal
programs to identify and recommend actions to more fully integrate the consideration of
Maryland’s greenhouse gas reduction goal and the impacts of climate change.
(2) The review shall include the consideration of:
(i) Sea level rise;
(ii) Storm surges and flooding;
(iii) Increased precipitation and temperature; and
(iv) Extreme weather events.
(b) Each State agency shall identify and recommend specific policy, planning,
regulatory, and fiscal changes to existing programs that do not currently support the State’s
greenhouse gas reduction efforts or address climate change.
(c) (1) The following State agencies shall report annually on the status of
programs that support the State’s greenhouse gas reduction efforts or address climate
change, in accordance with § 2–1257 of the State Government Article, to the Commission
and the Governor:
(i) The Department;
(ii) The Department of Agriculture;
(iii) The Department of General Services;
Ch. 38 2022 LAWS OF MARYLAND
– 46 –
(iv) The Department of Housing and Community Development;
(v) The Department of Natural Resources;
(vi) The Department of Planning;
(vii) The Department of Transportation;
(viii) The Maryland Energy Administration;
(ix) The Maryland Insurance Administration;
(x) The Public Service Commission; and
(xi) The University of Maryland Center for Environmental Science.
(2) The report required in paragraph (1) of this subsection shall include:
(i) Program descriptions and objectives;
(ii) Implementation milestones, whether or not they have been met;
(iii) Enhancement opportunities;
(iv) Funding;
(v) Challenges;
(vi) Estimated greenhouse gas emissions reductions, by program, for
the prior calendar year; and
(vii) Any other information that the agency considers relevant.
(D) EACH STATE AGENCY , WHEN CONDUCTING LONG –TERM PLANNING ,
DEVELOPING POLICY , AND DRAFTING REGULAT IONS, SHALL TAKE INTO
CONSIDERATION THE CONSIDERATION :
(1) THE LIKELY CLIMATE IMPAC T OF THE AGENCY ’S DECISIONS
RELATIVE TO MARYLAND’S GREENHOUSE GAS EMI SSIONS REDUCTION GOA LS; AND
(2) THE LIKELY IMPACT OF THE AGENCY ’S DECISIONS ON
DISPROPORTIONATELY A FFECTED COMMUNITIES IDENTIFIED ACCORDING TO THE
METHODOLOGY ADOPTED BY THE DEPARTMENT UNDER § 1–702 OF THIS ARTICLE.
2–1501. LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 47 –
(a) In this subtitle the following words have the meanings indicated.
(b) “Fund” means the Zero–Emission Vehicle School Bus Transition Fund.
(c) “Program” means the Zero–Emission Vehicle School Bus Transition Grant
Program.
(d) “Zero–emission vehicle” has the meaning stated in § 23–206.4 of the
Transportation Article.
2–1505.
(A) IN THIS SECTION, “INCREMENTAL COSTS ” MEANS:
(1) IN THE CASE OF A CONT RACT FOR THE PURCHAS E OF SCHOOL
BUSES, THE COST DIFFERENCE BETWEEN PURCHASING AND OPERATING SCHOOL
BUSES THAT ARE ZERO –EMISSION VEHICLES AN D SCHOOL BUSES THAT ARE
DIESEL–POWERED VEHICLES ; AND
(2) IN THE CASE OF A CONT RACT FOR THE USE OF SCHOOL BUSES ,
THE COST DIFFERENCE BETWEEN CONTRACTING FOR THE USE OF SCHOO L BUSES
THAT ARE ZE RO–EMISSION VEHICLES AN D SCHOOL BUSES THAT ARE
DIESEL–POWERED VEHICLES .
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, BEGINNING
IN FISCAL YEAR 2024 2025, A COUNTY BOARD OF ED UCATION MAY NOT ENTE R INTO
A NEW CONTRACT FOR THE FOR:
(1) THE PURCHASE OR USE OF ANY SCHOOL BUS TH AT IS NOT A
ZERO–EMISSION VEHICLE ; OR
(2) THE USE OF ANY SCHOOL BUS THAT IS NOT A ZE RO–EMISSION
VEHICLE, UNLESS THE SCHOOL BU S HAS AN IN–SERVICE DATE OF JULY 1, 2024, OR
BEFORE.
(C) THE REQUIREMENTS OF S UBSECTION (B) OF THIS SECTION DO N OT
APPLY IF:
(1) THE DEPARTMENT DETERMINES THAT NO AVAILABLE
ZERO–EMISSION VEHICLE MEE TS THE PERFORMANCE R EQUIREMENTS FOR THE
COUNTY BOARD ’S USE; OR
Ch. 38 2022 LAWS OF MARYLAND
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(2) THE COUNTY BOARD IS U NABLE TO OBTAIN FEDE RAL, STATE, OR
PRIVATE FUNDING S UFFICIENT TO COVER T HE INCREMENTAL COSTS ASSOCIATED
WITH CONTRACTING FOR THE PURCHASE OR USE OF SCHOOL BUSES THAT ARE
ZERO–EMISSION VEHICLES .
(D) A COUNTY BOARD MAY ENT ER INTO AN AGREEMENT WITH AN ELECTRIC
COMPANY TO OBTAIN MO NETARY INCENTIVES IN EXCHANGE FOR ALLOWING THE
ELECTRIC COMPANY TO USE THE STORAGE BATT ERIES OF ZERO–EMISSION BUSES
OWNED OR OPERATED BY THE COUNTY BOARD TO ACCESS THE STORED
ELECTRICITY THROUGH VEHICLE–TO–GRID TECHNOLOGY .
(E) THE DEPARTMENT , IN CONSULTATION WITH OTHER APPROPRIAT E
STATE AGENCIES , SHALL WORK WITH THE COUNTY BOARDS AND PR IVATE SCHOOL
BUS CONTRACTORS TO D EVELOP ELECTRIC VEHI CLE INFRASTRUCTURE S UFFICIENT
TO SUPPORT SCHOOL BU SES THAT ARE ZERO –EMISSION VEHICLES .
(F) THE DEPARTMENT SHALL PRIO RITIZE THE USE OF AV AILABLE
FEDERAL FUNDING TO C ARRY OUT THIS SECTIO N.
SUBTITLE 16. BUILDING EMISSIONS ENERGY PERFORMANCE STANDARDS.
2–1601.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) (1) “AGRICULTURAL BUILDING ” MEANS A STRUCTURE TH AT IS USED
PRIMARILY TO CULTIVA TE, MANUFACTURE , PROCESS, OR PRODUCE AGRICULTU RAL
CROPS, RAW MATERIALS , PRODUCTS, OR COMMODITIES .
(2) “AGRICULTURAL BUILDING ” INCLUDES A GREENHOUS E.
(B) (C) “BUILDING” HAS THE MEANING STAT ED IN THE INTERNATIONAL
BUILDING CODE.
(D) “COMMERCIAL BUILDING ” MEANS A BUILDING THA T IS SUBJECT TO THE
COMMERCIAL PROVISION S OF THE INTERNATIONAL ENERGY CONSERVATION
CODE.
(C) (E) (1) “COVERED BUILDING ” MEANS A BUILDING THAT :
(I) 1. IS A COMMERCIAL OR MULTIF AMILY RESIDENTIAL
BUILDING IN THE STATE THAT HAS; OR LAWRENCE J. HOGAN, JR., Governor Ch. 38
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2. IS OWNED BY THE STATE; AND
(II) HAS A GROSS FLOOR AREA O F 25,000 35,000 SQUARE FEET
OR MORE, EXCLUDING THE PARKIN G GARAGE AREA .
(2) “COVERED BUILDING ” DOES NOT INCLUDE :
(I) A BUILDING DESIGNATED AS A HISTORIC PROPER TY UNDER
FEDERAL, STATE, OR LOCAL LAW ; OR
(II) A PUBLIC OR NONPUBLIC ELEMENT ARY OR SECONDARY
SCHOOL BUILDING ; OR
(III) A MANUFACTURING BUILDI NG; OR
(IV) AN AGRICULTURAL BUILDING.
(D) (F) “DIRECT GREENHOUSE GAS EMISSIONS” MEANS GREENHOUSE
GAS EMISSIONS PRODUC ED ON–SITE BY A COVERED BUILDING COVERED BUILDINGS .
(G) “DISTRICT ENERGY ” MEANS THERMAL ENERGY GENERATED AT ONE OR
MORE CENTRAL FACILIT IES THAT PRODUCE HOT WATER, STEAM, OR CHILLED WATER
THAT THEN FLOWS THRO UGH A NETWORK OF INS ULATED UNDERGROUND P IPES TO
PROVIDE HOT WATER , SPACE HEATING , AIR CONDITIONING , OR CHILLED WATER TO
NEARBY BUILDINGS .
Article – Housing and Community Development
4–211.
(D) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE
MEANINGS INDICATED .
(II) “COVERED BUILDING ” HAS THE MEANING STAT ED IN §
2–1601 OF THE ENVIRONMENT ARTICLE.
(III) “ENERGY CONSERVATION P ROJECT” MEANS A PROJECT
THAT QUALIFIES UNDER § 4–218 OF THIS SUBTITLE.
(2) FOR THE PURPOSE OF RE DUCING DIRECT GREENH OUSE GAS
EMISSIONS FROM MULTI FAMILY RESIDENTIAL B UILDINGS IN ACCORDAN CE WITH
THE STANDARDS ADOPTE D UNDER § 2–1602 OF THE ENVIRONMENT ARTICLE, THE
ADMINISTRATION SHALL DEVELOP AND IMPLEMEN T A PROGRAM TO PROVI DE Ch. 38 2022 LAWS OF MARYLAND
– 50 –
GRANTS FOR ENERGY CONSERV ATION PROJECTS AND P ROJECTS TO INSTALL
RENEWABLE ENERGY GEN ERATING SYSTEMS IN C OVERED BUILDINGS THA T HOUSE
PRIMARILY LOW – TO MODERATE –INCOME HOUSEHOLDS .
(3) GRANTS PROVIDED UNDER THIS SUBSECTION MAY NOT BE USED
FOR A PROJECT TO INS TALL NEW EQUIPMENT THA T USES FOSSIL FUELS OR
IMPROVE THE EFFICIEN CY OF EXISTING EQUIP MENT THAT USES FOSSI L FUELS.
(4) IN EACH OF FISCAL YEA RS 2024 THROUGH 2026, THE GOVERNOR
SHALL INCLUDE IN THE ANNUAL BUDGET BILL A N APPROPRIATION OF $5,000,000
TO THE DEPARTMENT FOR THE PU RPOSE OF PROVIDING G RANTS UNDER THIS
SUBSECTION.
(5) ON OR BEFORE DECEMBER 1, 2023, AND EACH DECEMBER 1
THEREAFTER , THE ADMINISTRATION SHALL REPORT TO THE GOVERNOR AND , IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL
ASSEMBLY ON THE PROJE CTS FUNDED UNDER THI S SUBSECTION.
Article – Labor and Employment
3–416.
(A) THIS SECTION APPLIES :
(1) TO A PROJECT UNDERTA KEN BY AN INVESTOR –OWNED ELECTRIC
COMPANY OR GAS AND E LECTRIC COMPANY THAT :
(I) INVOLVES THE CONSTRUCTION , RECONSTRUCTION ,
INSTALLATION, DEMOLITION, RESTORATION , OR ALTERATION OF ANY ELECTRIC
INFRASTRUCTURE OF TH E COMPANY , AND ANY RELATED TRAF FIC CONTROL
ACTIVITIES; AND
(II) IS FUNDED BY FEDERAL FUNDS TO MEET THE STATE’S
POLICY GOALS FOR T HE ELECTRIC DISTRIBU TION SYSTEM UNDER TITLE 7,
SUBTITLE 8 OF THE PUBLIC UTILITIES ARTICLE, INCLUDING FUNDS MADE
AVAILABLE UNDER § 40101, § 40103, OR § 40107 OF THE FEDERAL INFRASTRUCTURE
INVESTMENT AND JOBS ACT; AND
(2) ONLY TO THE PORTION OF THE PROJEC T SUPPORTED BY THE
FEDERAL FUNDS .
LAWRENCE J. HOGAN, JR., Governor Ch. 38
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(B) AN INVESTOR–OWNED ELECTRIC COMPA NY OR GAS AND ELECTR IC
COMPANY SHALL REQUIR E A CONTRACTOR OR SU BCONTRACTOR ON A PRO JECT
DESCRIBED IN SUBSECT ION (A) OF THIS SECTION TO :
(1) PAY THE AREA PREVAIL ING WAGE FOR EACH TR ADE EMPLOYED ,
INCLUDING WAGES AND FRINGE BENEFITS ;
(2) OFFER HEALTH CARE AN D RETIREMENT BENEFIT S TO THE
EMPLOYEES WORKING ON THE PROJECT;
(3) PARTICIPATE IN AN AP PRENTICESHIP PROGRAM REGISTERED
WITH THE STATE FOR EACH TRADE EMPLOYED ON THE PROJ ECT;
(4) ESTABLISH AND EXECUT E A PLAN FOR OUTREAC H, RECRUITMENT ,
AND RETENTION OF STATE RESIDENTS TO PE RFORM WORK ON THE PR OJECT, WITH
AN ASPIRATIONAL GOAL OF 25% OF TOTAL WORK HOURS PERFORMED BY MARYLAND
RESIDENTS, INCLUDING RESIDENTS WHO ARE:
(I) RETURNING CITIZENS;
(II) WOMEN;
(III) MINORITY INDIVIDUALS ; OR
(IV) VETERANS;
(5) HAVE BEEN IN COMPLIA NCE WITH FEDERAL AND STATE WAGE AND
HOUR LAWS FOR THE PR EVIOUS 3 YEARS;
(6) BE SUBJECT TO ALL STATE REPORTING AND C OMPLIANCE
REQUIREMENTS ; AND
(7) MAINTAIN ALL APPROPR IATE LICENSES IN GOO D STANDING.
Article – Natural Resources
8–1913.
(a) In this part the following words have the meanings indicated.
(B) “CLEAN ENERGY PROJECT ” MEANS A PROJECT TO I MPROVE ACCESS TO
CLEAN, RENEWABLE ENERGY SOU RCES IN A COMMUNITY DISPROPORTIONATELY
AFFECTED BY CLIMATE IMPACTS.
Ch. 38 2022 LAWS OF MARYLAND
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(C) “CLIMATE MITIGATION PR OJECT” MEANS A PROJECT TO R EDUCE
EMISSIONS OF GREENHO USE GASES AND CO –POLLUTANTS AND MITIG ATE THE
HEALTH IMPACTS OF CL IMATE IMPACTS IN A C OMMUNITY DISPROPORTI ONATELY
AFFECTED BY CLIMATE IMPACTS.
(D) “COMMUNITY DISPROPORTI ONATELY AFFECTED BY CLIMATE IMPACTS ”
MEANS A COMMUNITY ID ENTIFIED USING THE M ETHODOLOGY RECOMMEND ED BY
THE COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES
UNDER § 1–702 OF THE ENVIRONMENT ARTICLE.
[(b)] (E) “Corps Board” means the Advisory Board of the Corps Program.
[(c)] (F) “Corps Program” means the Chesapeake Conservation Corps Program
established under § 8–1914 of this part.
[(d)] (G) “Energy conservation project” means a project to promote energy
conservation or efficiency, including a project to:
(1) Improve energy efficiency of households and public structures through
energy audits, weatherization, and other on–site energy conservation measures;
(2) Implement clean energy projects in communities to enhance the use of
renewable energy, reduce carbon emissions, and mitigate climate [change] IMPACTS;
(3) Implement community greening and urban tree canopy projects that
create energy savings; and
(4) Assist schools in becoming “green schools” and reducing energy costs.
[(e)] (H) “Environmental project” means a project that results in long–term
preservation, protection, and conservation of the environment, in areas including
environmental restoration, agricultural and forestry, infrastructure, energy conservation,
and educational improvements.
[(f)] (I) “Qualified organization” means:
(1) A nonprofit organization;
(2) A school;
(3) A community association;
(4) A service, youth, or civic group;
(5) An institution of higher education; LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 53 –
(6) A county or municipality; or
(7) A unit of State government.
[(g)] (J) “Trust” means the Chesapeake Bay Trust.
8–1914.
(a) There is a Chesapeake Conservation Corps Program administered by the Trust,
in consultation with the Corps Board.
(b) The purpose of the Corps Program is to:
(1) Promote, preserve, protect, and sustain the environment;
(2) Provide young adults with opportunities to become better citizens,
students, and workers through meaningful service to their communities and the State;
(3) Mobilize, educate, and train youth and young adults to work with
communities and schools to promote energy conservation and mitigate and prevent threats
to the environment;
(4) MOBILIZE, EDUCATE, AND TRAIN YOUTH AND YOUNG ADULTS TO
DEPLOY CLEAN ENERGY TECHNOLOGY AND MITIG ATE AND PREVENT THE
ENVIRONMENTAL AND HEALT H IMPACTS OF CLIMATE IMPACTS IN COMMUNITI ES
DISPROPORTIONATELY A FFECTED BY CLIMATE I MPACTS;
(5) ENSURE UNDERSERVED AN D GEOGRAPHICAL CLIMA TE
DISPARITIES POPULATI ONS ARE GIVEN ASSIST ANCE NEEDED TO PREPA RE FOR AND
ADAPT TO CLIMATE IMP ACTS;
[(4)] (6) [Provide opportunities for youth and young adults, especially
disadvantaged youth, to be trained for careers that will be part of the emerging field of “green
collar” jobs] PROVIDE A GREEN CAREE R LADDER AND OPPORTU NITIES FOR ALL
YOUTH AND YOUNG ADUL TS, ESPECIALLY THOSE MOS T AT RISK, TO BE EXPOSED TO
AND TRAINED IN THE E NERGY EFFICIENCY , ENVIRONMENTAL PROTEC TION,
GOVERNMENTAL AND REG ULATORY ADMINISTRATI ON, AND RENEWABLE ENERG Y
GENERATION SECTORS ;
[(5)] (7) Educate and train communities and individuals for the
long–term action needed to continue to promote, preserve, protect, and sustain the
environment after a Corps project has been completed;
Ch. 38 2022 LAWS OF MARYLAND
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[(6)] (8) Act as a coordinator and facilitator of efforts to foster
public–private partnerships in developing “green collar” job opportunities and in enhancing
and expanding the workforce available for environmental protection and clean energy
industries; and
[(7)] (9) Channel available public and private resources to the protection,
conservation, and preservation of the environment of the State.
8–1915.
(a) (1) The purpose of the Corps Board is to advise the Trust in the development
and implementation of the Corps Program.
(2) The Corps Board consists of the following [11] members:
(i) One member of the Senate of Maryland, appointed by the
President of the Senate;
(ii) One member of the House of Delegates, appointed by the Speaker
of the House;
(iii) One member appointed by the Chancellor of the University
System of Maryland with the advice and consent of the Senate, to serve as a liaison between
the Corps Board, the Chancellor, and the Board of Regents;
(iv) ONE MEMBER APPOINTED BY THE PRESIDENT OF MORGAN
STATE UNIVERSITY, TO SERVE AS A LIAISO N BETWEEN THE CORPS BOARD, THE
PRESIDENT, AND THE BOARD OF REGENTS;
(V) Three members of the Board of Trustees of the Chesapeake Bay
Trust, appointed by the Chair of the Board; and
[(v)] (VI) Five members appointed by the Governor with the advice
and consent of the Senate, including at least one individual from the nonprofit sector with
a background in education and student service and one with a background in workforce
development.
8–1920.
(a) The Corps Program’s projects and activities shall meet an identifiable public
need[, with]:
(1) WITH specific emphasis on projects that result in long–term
preservation, protection, and conservation of the environment, in areas including LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 55 –
environmental restoration, agricultural and forestry, infrastructure, and educational
improvements; OR
(2) WITHIN A COMMUNITY DISPROPORT IONATELY AFFECTED BY
CLIMATE IMPACTS , WITH SPECIFIC EMPHAS IS ON CLIMATE MITIGA TION AND CLEAN
ENERGY PROJECTS THAT RESULT IN LONG–TERM REDUCTIONS TO G REENHOUSE GAS
EMISSIONS AND IMPROV EMENTS TO PUBLIC HEA LTH AND THE ENVIRONM ENT.
(b) Environmental restoration projects may include:
(1) Specific nutrient reduction activities, such as planting of bay grasses
and oysters and installing natural shorelines on public spaces; and
(2) Working with communities to improve their environmental impacts and
activities and to encourage appropriate environmental stewardship.
(c) Agricultural and forestry projects may include working with Corps Program
volunteers from rural areas of the State in partnership with the agricultural community in
projects to prevent or reduce nutrient runoff.
(d) Infrastructure projects may include:
(1) Improving the energy efficiency of housing for elderly and low–income
households;
(2) Implementing clean energy projects in communities to enhance the use
of renewable energy, including free and low–cost energy audits; and
(3) Building or assisting in building infrastructure to promote
environmental education including outdoor classrooms, nature trails, and schoolyard
habitats and watershed restoration, stream restoration, rain gardens, and other low–impact
development projects.
(e) Educational projects may include:
(1) Developing interactive environmental education and energy
conservation education for elementary and secondary school students and the public;
(2) Developing curriculum targeted at training high school students and
apprentices to obtain skills necessary to create and implement clean energy projects in their
communities and to compete for jobs in the emerging clean energy sector; and
(3) Assisting schools to become “green schools” and reduce energy costs
through hands–on projects with their students.
Ch. 38 2022 LAWS OF MARYLAND
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(f) Energy conservation projects may include the projects defined in § 8–1913(d)
of this part.
(G) CLIMATE MITIGATION PR OJECTS MAY INCLUD E:
(1) PROJECTS TO EXPAND UR BAN TREE CANOPY , IMPLEMENT GREEN
ROOFTOPS, AND TAKE OTHER ACTIO NS TO REDUCE URBAN H EAT ISLAND EFFECTS ;
AND
(2) PROJECTS TO IMPROVE A CCESS TO CLEAN , RELIABLE
TRANSPORTATION , INCLUDING THROUGH TH E EXPANSION OF BIKE TRAILS AND
PEDESTRIAN WALKWAYS .
(H) CLEAN ENERGY PROJECTS MAY INCLUDE:
(1) PROJECTS TO INSTALL R ENEWABLE ENERGY SYST EMS AT
LOW–INCOME HOUSEHOLDS AN D SCHOOLS , LIBRARIES, AND OTHER PUBLIC
BUILDINGS;
(2) PROJECTS TO UNDERTAKE HOLISTIC RETROFITS O F
LOW–INCOME HOUSEHOLDS , INCLUDING WEATHERIZA TION AND HEAT PUMP
INSTALLATION; AND
(3) PROJECTS TO PROVIDE E XPERIENCE IN THE ENE RGY EFFICIENCY,
ENVIRONMENTAL PROTEC TION, GOVERNMENTAL AND REG ULATORY
ADMINISTRATION , AND RENEWABLE ENERGY GENERATION SECTORS .
8–1921.
(a) [The] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, THE
Corps Program shall be funded each fiscal year with:
(1) The amount specified in § 3–302(d) of this article; and
(2) Up to $250,000 in additional funds that may be allocated by the Trust
through its annual budget process.
(b) The Trust and the Corps Board shall seek federal funds and grants and
donations from private sources to be made to the Trust for the purpose of long–term funding
of the Corps Program.
(C) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 57 –
$1,500,000 TO THE TRUST FOR THE CORPS PROGRAM TO IMPLEMENT CLIMATE
MITIGATION AND CLEAN ENERGY PROJECTS UNDE R § 8–1920 OF THIS SUBTITLE.
8–1923.1.
(A) THIS SECTION APPLIES TO PROGRAMS DEVELOPE D TO IMPLEMENT
CLIMATE MITIGATION A ND CLEAN ENERGY PROJ ECTS UNDER § 8–1920 OF THIS
SUBTITLE.
(B) (1) THE TRUST AND QUALIFIED O RGANIZATIONS SHALL P RINCIPALLY
RECRUIT INDIVIDUALS FOR A MINIMUM 6–MONTH COMMITMENT , WHO, AT THE TIME
OF ENROLLMENT , ARE AT LEAST 18 YEARS OLD AND UNDER THE AGE OF 26 YEARS.
(2) QUALIFIED ORGANIZATIO NS MAY NOT UNDERTAKE A PROJECT IF
THE PROJECT WOULD RE PLACE REGULAR WORKER S OR DUPLICATE OR RE PLACE AN
EXISTING SERVICE IN THE SAME LOCALITY.
(3) A CORPS MEMBER MAY RECE IVE A STIPEND.
(4) STIPENDS FOR CORP MEMBERS SHALL IN CLUDE MONETARY
PAYMENTS OF AT LEAST $15 PER HOUR.
(C) IN DEVELOPING ITS PRO GRAMS AND SEEKING FE DERAL AND STATE
GRANTS, THE TRUST AND THE CORPS BOARD SHALL:
(1) COORDINATE EFFORTS WI TH THE MARYLAND CORPS PROGRAM
ESTABLISHED UNDER § 24–1102 OF THE EDUCATION ARTICLE;
(2) COORDINATE EFFORTS WI TH THE MARYLAND CONSERVATION
CORPS TO ENGAGE YOUNG ADULTS IN CONSERVATI ON SERVICE PROJECTS ;
(3) SEEK ASSISTANCE AND A DVICE FROM RELEVANT PUBLIC AND
PRIVATE SOURCES ; AND
(4) EXPLORE OPPORTUNITIES FOR INITIATING A COL LEGE–LEVEL
CAMPAIGN TO ENGAGE W ITH COMMUNITY COLLEG ES, HISTORICALLY BLACK
COLLEGES AND UNIVERS ITIES, AND OTHER INSTITUTIO NS OF HIGHER EDUCATION
IN THE STATE.
(D) IN DEVELOPING CLEAN E NERGY INFRASTRUCTURE AND EDUCATIONAL
PROGRAMS, THE TRUST AND THE CORPS BOARD SHALL SEEK ASSI STANCE FROM AND
COOPERATE WITH THE MARYLAND CLEAN ENERGY CENTER UNDER TITLE 10,
SUBTITLE 8 OF THE ECONOMIC DEVELOPMENT ARTICLE.
Ch. 38 2022 LAWS OF MARYLAND
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(E) IN DEVELOPING ITS CORPS MEMBER PROGRAMS , THE CORPS BOARD
SHALL SEEK ASSISTANC E FROM AND COOPERATE WITH:
(1) THE MARYLAND SERVICE CORPS AND THE GOVERNOR’S OFFICE
ON SERVICE AND VOLUNTEERISM UNDER TITLE 9.5, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE;
(2) THE DEPARTMENT OF COMMERCE AND OTHER AP PROPRIATE
UNITS OF STATE GOVERNMENT AND PRIVATE SECTOR ENTIT IES TO DEVELOP
OPPORTUNITIES FOR ST UDENT PARTICIPATION IN PRIVATE–SECTOR ACTIVITIES ,
SUCH AS INTERNSHIP A ND EXTERNSHIP PROGRA MS; AND
(3) COMMUNITY COLLEGES , 4–YEAR COLLEGES , AND UNIVERSITIES IN
THE STATE TO DEVELOP OPPO RTUNITIES FOR COURSE CREDIT ARRANGEMENTS
THROUGH WHICH CORPS MEMBERS MAY EAR N COURSE CREDITS FOR PARTICIPATION
IN THE CORPS PROGRAM AS AN ALTERNA TIVE TO OR IN ADDITION TO PAYMENT OF A
STIPEND.
Article – Natural Resources
8–1925. RESERVED.
8–1926. RESERVED.
PART III. MARYLAND CLIMATE JUSTICE CORPS.
8–1927.
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “CLEAN ENERGY PROJECT ” MEANS A PROJECT TO I MPROVE ACCESS TO
CLEAN, RENEWABLE ENERGY SOU RCES IN A COMMUNITY DISPROPORTIONATELY
AFFECTED BY CLIMATE CHANGE.
(C) “CLIMATE MITIGATION PR OJECT” MEANS A PROJECT TO R EDUCE
EMISSIONS OF GREENHO USE GASES AND CO –POLLUTANTS AND MITIG ATE THE
HEALTH IMPACTS OF CL IMATE CHANGE IN A CO MMUNITY DISPROPORTIO NATELY
AFFECTED BY CLIMATE CHANGE.
(D) “COMMUNITY DISPROPORTI ONATELY AFFECTED BY CLIMATE CHANGE ”
MEANS A COMMUNITY ID ENTIFIED USING THE M ETHODOLOGY RECOMMEND ED BY LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 59 –
THE COMMISSION ON ENVIRONME NTAL JUSTICE AND SUSTAINABLE COMMUNITIES
UNDER § 1–702 OF THE ENVIRONMENT ARTICLE.
(E) “CORPS BOARD” MEANS THE ADVISORY BOARD OF THE CORPS
PROGRAM.
(F) “CORPS PROGRAM” MEANS THE MARYLAND CLIMATE JUSTICE CORPS
PROGRAM ESTABLISHED U NDER § 8–1928 OF THIS PART.
(G) “QUALIFIED ORGANIZATIO N” MEANS:
(1) A NONPROFIT ORGANIZATI ON;
(2) A SCHOOL;
(3) A COMMUNITY ASSOCIATIO N;
(4) A SERVICE, YOUTH, OR CIVIC GROUP ;
(5) AN INSTITUTION OF HIG HER EDUCATION ;
(6) A COUNTY OR MUNICIPALI TY; OR
(7) A UNIT OF STATE GOVERNMENT .
(H) “TRUST” MEANS THE CHESAPEAKE BAY TRUST.
8–1928.
(A) THERE IS A MARYLAND CLIMATE JUSTICE CORPS PROGRAM
ADMINISTERED BY THE TRUST, IN CONSULTATION WITH THE CORPS BOARD.
(B) THE PURPOSE OF THE CORPS PROGRAM IS TO:
(1) PROMOTE CLIMATE JUSTI CE AND ASSIST THE STATE IN
ACHIEVING ITS GREENH OUSE GAS EMISSIONS R EDUCTION TARGETS ;
(2) PROVIDE YOUNG ADULTS WITH OPPORTUNITIES T O BECOME
BETTER CITIZENS , STUDENTS, AND WORKERS THROUGH MEANINGFUL SERVICE T O
THEIR COMMUNITIES AN D THE STATE;
(3) MOBILIZE, EDUCATE, AND TRAIN YOUTH AND YOUNG ADULTS TO
DEPLOY CLEAN ENERGY TECHNOLOGY AND MITIG ATE AND PREVENT THE Ch. 38 2022 LAWS OF MARYLAND
– 60 –
ENVIRONMENTAL AND HE ALTH IMPACTS OF CLIM ATE CHANGE IN COMMUN ITIES
DISPROPORTIONATELY A FFECTED BY CLIMATE C HANGE; AND
(4) PROVIDE OPPORTUNITIES FOR YOUTH AND YOUNG ADULTS,
ESPECIALLY DISADVANT AGED YOUTH, TO BE TRAINED FOR CA REERS THAT WILL BE
PART OF THE EMERGING FIELD OF “GREEN–COLLAR” JOBS.
8–1929.
(A) (1) THE PURPOSE OF THE CORPS BOARD IS TO ADVISE TH E TRUST IN
THE DEVELOPMENT AND IMPLEMEN TATION OF THE CORPS PROGRAM.
(2) THE CORPS BOARD CONSISTS OF THE FOLLOWING 11 MEMBERS:
(I) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED
BY THE PRESIDENT OF THE SENATE;
(II) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED
BY THE SPEAKER OF THE HOUSE;
(III) ONE MEMBER APPOINTED BY THE PRESIDENT OF MORGAN
STATE UNIVERSITY, TO SERVE AS A LIAISO N BETWEEN THE CORPS BOARD, THE
PRESIDENT, AND THE BOARD OF REGENTS;
(IV) THREE MEMBERS OF THE BOARD OF TRUSTEES OF THE
CHESAPEAKE BAY TRUST, APPOINTED BY THE CHAIR OF THE BOARD; AND
(V) FIVE MEMBERS APPOINTE D BY THE GOVERNOR WITH THE
ADVICE AND CONSENT O F THE SENATE, INCLUDING AT LEAST O NE INDIVIDUAL
FROM THE NONPROFIT S ECTOR WITH A BACKGRO UND IN EDUCATION AND STUDENT
SERVICE AND ONE WITH A BACKG ROUND IN WORKFORCE D EVELOPMENT .
(3) IF A REGULATED LOBBYI ST IS APPOINTED TO S ERVE AS A MEMBER
OF THE CORPS BOARD, THE LOBBYIST IS NOT SUBJECT TO:
(I) § 5–504(D) OF THE GENERAL PROVISIONS ARTICLE; OR
(II) § 5–704(F)(3) OF THE GENERAL PROVISIONS ARTICLE AS A
RESULT OF THAT SERVI CE.
(B) A MEMBER OF THE CORPS BOARD SHALL RESIDE IN THE STATE.
(C) IN MAKING APPOINTMENT S TO THE CORPS BOARD, THE GOVERNOR
SHALL CONSIDER : LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 61 –
(1) DIVERSITY; AND
(2) ALL GEOGRAPHIC REGION S OF THE STATE.
(D) A MEMBER OF THE CORPS BOARD:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE CORPS
BOARD; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
(E) (1) THE TERM OF A MEMBER IS 4 YEARS.
(2) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY
THE TERMS PROVIDED F OR MEMBERS ON JULY 1, 2022.
(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
A SUCCESSOR IS APPOI NTED AND QUALIFIES .
(4) A MEMBER WHO IS APPOINTED AFT ER A TERM HAS BEGUN SERVES
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND
QUALIFIES.
(F) THE APPOINTING AUTHOR ITY MAY REMOVE A MEM BER FOR
INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES OF THE
POSITION.
(G) (1) THE CORPS BOARD SHALL DETERMINE THE TIMES AND PLACES
OF ITS MEETINGS.
(2) THE CORPS BOARD MAY ACT WITH AN AFFIRMATIVE VOTE OF SIX
MEMBERS.
8–1930.
(A) FROM AMONG ITS MEMBER S, THE CORPS BOARD SHALL ELECT A C HAIR
AND A VICE CHAIR.
(B) THE TRUST SHALL PROVIDE S TAFF SUPPORT FOR THE CORPS BOARD.
8–1931.
Ch. 38 2022 LAWS OF MARYLAND
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(A) (1) THE TRUST, IN CONSULTATION WITH THE CORPS BOARD, SHALL
MAKE GRANTS TO QUALI FIED ORGANIZATIONS F OR THE CREATION OR E XPANSION
OF FULL– AND PART–TIME MARYLAND CLIMATE JUSTICE CORPS PROGRAMS, THAT
INVOLVE STUDENTS AND YOUNG ADULTS THROUGH OUT THE STATE, TO CARRY OUT
THIS PART.
(2) CORPS PROGRAMS SHALL ENGAGE AND DEVELOP S TIPEND
VOLUNTEERS IN CLIMAT E JUSTICE PROJECTS A ND CLEAN ENERGY PROJ ECTS IN
COMMUNITIES DISPROPO RTIONATELY A FFECTED BY CLIMATE C HANGE.
(3) ELIGIBLE CORPS PROGRAM EXPENSES INCL UDE PERSONNEL
COSTS, STIPENDS, SUPPLIES, AND OTHER MATERIALS FOR PROJECTS UNDERTA KEN
BY CORPS PROGRAM VOLUNTEERS .
(B) THE TRUST, IN CONSULTATION WITH THE CORPS BOARD, SHALL
DEVELOP GUI DELINES FOR EVALUATI NG APPLICATIONS FROM QUALIFIED
ORGANIZATIONS .
(C) THE GUIDELINES DEVELO PED IN ACCORDANCE WI TH SUBSECTION (B)
OF THIS SECTION SHAL L:
(1) CONSIDER THE CAPABILI TY OF THE QUALIFIED ORGANIZATION
TO CARRY OUT CORPS PROGRAMS OR PRO JECTS;
(2) ENCOURAGE AND CONSIDE R MULTIYEAR , MULTIPARTNER
PROPOSALS, LOCAL MATCH , COST–SHARING AGREEMENTS , AND IN–KIND MATCH AS
FACTORS IN EVALUATIN G CORPS PROGRAM GRANT APPLICA TIONS; AND
(3) REQUIRE GRANT APPLICA TIONS TO DESCRIBE HO W THE
QUALIFYING ORGANIZATION INTENDS TO:
(I) ASSESS THE SKILLS OF CORPS PROGRAM VOLUNTEERS ;
(II) PROVIDE LIFE SKILLS A ND WORK SKILLS TRAIN ING;
(III) PROVIDE TRAINING AND EDUCATION, IN ADDITION TO THE
TRAINING PROVIDED AS A PART OF THE MAIN CORPS PROGRAM;
(IV) DEVELOP, WHERE RELEVANT , AGREEMENTS FOR
ACADEMIC STUDY WITH :
1. LOCAL EDUCATION AGENC IES;
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 63 –
2. COMMUNITY COLLEGES ;
3. 4–YEAR COLLEGES ;
4. AREA CHARTER HIGH SCH OOLS AND
VOCATIONAL–TECHNICAL SCHOOLS ; AND
5. COMMUNITY–BASED ORGANIZATIONS ;
(V) PROVIDE CAREER AND ED UCATIONAL GUIDANCE ;
(VI) RECRUIT PARTICIPANTS WITHOUT HIGH SCHOOL
DIPLOMAS; AND
(VII) RECRUIT RETIRED AND S EMIRETIRED SENIORS A ND OTHER
QUALIFIED INDIVIDUAL S WITH RELEVANT EXPE RIENCE TO TRAIN CORPS PROGRAM
VOLUNTEERS AND PARTI CIPATE IN CORPS PROJECTS BY VOL UNTEERING THEIR
EXPERIENCE AND SKILL S.
(D) A GRANT AGREEMENT REGA RDING FUNDS FROM THE TRUST SHALL:
(1) SPECIFY THE ALLOWED U SE OF THE FUNDS PROV IDED UNDER
THE GRANT , INCLUDING ACCOUNTABILITY MEASU RES AND PERFORMANCE
REQUIREMENTS ;
(2) TAKE INTO ACCOUNT THE NEED FOR EFFICIENT M ULTIYEAR
FUNDING AND ADMINIST RATION OF THE FUNDS ; AND
(3) INCLUDE PROVISIONS FO R VERIFICATION THAT CORPS
PROGRAMS AND PROJECT S ARE BEING IMPLEMEN TED AS PLANNED.
8–1932.
(A) FOR STIPEND VOLUNTEER PROGRAMS, THE TRUST AND QUALIFIED
ORGANIZATIONS SHALL PRINCIPALLY RECRUIT INDIVIDUALS FOR A MI NIMUM
6–MONTH COMMITMENT WHO , AT THE TIME OF ENROL LMENT, ARE AT LEAST 18
YEARS OLD AND NOT MO RE THAN 25 YEARS OLD.
(B) QUALIFIED ORGANIZATIO NS MAY NOT UNDERTAKE A PROJECT IF THE
PROJECT WOULD REPLAC E REGULAR WORKERS OR DUPLICATE OR REPLACE AN
EXISTING SERVICE IN THE SAME LOCALITY .
(C) A STIPEND VOLUNTEER :
Ch. 38 2022 LAWS OF MARYLAND
– 64 –
(1) MAY NOT RECEIVE A SAL ARY AS A STIPEND VOL UNTEER; BUT
(2) MAY RECEIVE A STIPEND , AS DETERMINED BY THE TRUST, BASED
ON THE NEEDS OF THE STIPEND VOLUNTEER AN D THE LIMITS OF BUDG ETARY
APPROPRIATIONS .
(D) (1) A STIPEND VOLUNTEER MA Y NOT PARTICIPATE IN ANY PARTISAN
POLITICAL ACTIVITY W HILE ENGAGED IN THE PERFORMANCE OF DUTIE S AS A
STIPEND VOLUNTEER .
(2) THIS PART IS EFFECTIV E ONLY TO THE EXTENT THAT IT DOES NOT
CONFLICT WITH ANY FE DERAL OR STATE LAWS OR REGULAT IONS RELATING TO
PARTICIPATION IN PAR TISAN POLITICAL ACTI VITIES.
(3) A STIPEND VOLUNTEER MAY NOT PARTICIPATE IN ANY
REGULATORY OR STATUT ORY ENFORCEMENT ACTI VITIES WHILE ENGAGED IN THE
PERFORMANCE OF DUTIE S AS A MEMBER OF THE CORPS PROGRAM.
8–1933.
(A) THE TRUST SHALL PROVIDE T ECHNICAL ASSISTANCE TO QUALIFIED
ORGANIZATIONS THAT R EQUEST ASSISTANCE.
(B) THE TRUST SHALL CONVENE MARYLAND CLIMATE JUSTICE CORPS
PROGRAM PARTICIPANTS ON A REGULAR BASIS I N ORDER TO:
(1) PROMOTE TEAM BUILDING AMONG THE PARTICIPAN TS;
(2) DEVELOP AN UNDERSTAND ING OF THE OVERALL CORPS
PROGRAM PURPOSE ;
(3) SHARE INFORMATION ABO UT BEST PRACTICES ;
(4) RECOGNIZE EXCELLENCE ; AND
(5) PROVIDE TRAINING AND OTHER LEARNING OPPOR TUNITIES.
(C) IN PROVIDING TRAINING AND TECHNICAL ASSIST ANCE, THE TRUST MAY
CONTRACT WITH AN ORG ANIZATION WITH A PRO VEN TRACK RECORD OF
DEVELOPING AND SUSTA INING CORPS PROGRAMS , WORKING WITH THE
CONSERVATION CORPS MODEL , AND ENGAGING YOUNG P EOPLE FROM
DISADVANTAGED BACKGR OUNDS.
8–1934. LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 65 –
(A) THE CORPS PROGRAM’S PROJECTS AND ACTIV ITIES SHALL MEET AN
IDENTIFIABLE PUBLIC NEED WITHIN A COM MUNITY DISPROPORTION ATELY
AFFECTED BY CLIMATE CHANGE, WITH SPECIFIC EMPHAS IS ON PROJECTS THAT
RESULT IN LONG –TERM REDUCTIONS TO G REENHOUSE GAS EMISSI ONS AND
IMPROVEMENTS TO PUBL IC HEALTH AND THE EN VIRONMENT.
(B) CLIMATE MITIGATION PR OJECTS MAY INCLUDE :
(1) PROJECTS TO EXPAND UR BAN TREE CANOPY , IMPLEMENT GREEN
ROOFTOPS, AND TAKE OTHER ACTIO NS TO REDUCE URBAN H EAT ISLAND EFFECTS ;
AND
(2) PROJECTS TO IMPROVE A CCESS TO CLEAN , RELIABLE
TRANSPORTATION , INCLUDING THROUGH TH E EXPANSION OF BIKE TRAILS AND
PEDESTRIAN WALKWAYS .
(C) CLEAN ENERGY PROJECTS MAY INCLUDE:
(1) PROJECTS TO INSTALL R ENEWABLE ENERGY SYST EMS AT
LOW–INCOME HOUSEHOLDS AN D SCHOOLS , LIBRARIES, AND OTHER PUBLIC
BUILDINGS; AND
(2) PROJECTS TO UNDERTAKE HOLISTIC RETROFITS O F
LOW–INCOME HOUSEHOLDS , INCLUDING WEATHERIZA TION AND HEAT PUMP
INSTALLATION.
8–1935.
THE TRUST AND THE CORPS BOARD SHALL SEEK FEDE RAL FUNDS AND
GRANTS AND DONATIONS FROM PRIVATE SOURCES TO BE MADE TO THE TRUST FOR
THE PURPOSE OF LONG –TERM FUNDING OF THE CORPS PROGRAM.
8–1936.
COLLEGES AND UNIVERSI TIES MAY:
(1) CONTRACT WITH THE TRUST TO CARRY OUT CORPS PROGRAM
WORK;
(2) ASSIGN TO THE TRUST RESOURCES TO AS SIST IN ITS CORPS
PROGRAM WORK , DEVELOPMENT , AND ACTIVITIES; AND
Ch. 38 2022 LAWS OF MARYLAND
– 66 –
(3) ASSIGN FACULTY AND STAFF TO THE TRUST FOR THE PURPOSE
OF CARRYING OUT OR A SSISTING WITH CORPS PROGRAMS .
8–1937.
(A) IN DEVELOPING ITS PRO GRAMS AND SEEKING FE DERAL AND STATE
GRANTS, THE TRUST AND THE CORPS BOARD SHALL:
(1) COORDINATE ALL EFFORT S WITH THE MARYLAND
CONSERVATION CORPS ESTABLISHED IN TITLE 5, SUBTITLE 2 OF THIS ARTICLE TO
ENGAGE YOUNG ADULTS IN CONSERVATION SERV ICE PROJECTS;
(2) COORDINATE ALL EFFORT S WITH THE CIVIC JUSTICE CORPS, AN
ADJUNCT PROGRAM OF T HE MARYLAND CONSERVATION CORPS, TO ENGAGE YOUTH
IN CONSERVATION SERVICE PROJECTS; AND
(3) SEEK ASSISTANCE AND A DVICE FROM RELEVANT PUBLIC AND
PRIVATE SOURCES .
(B) IN DEVELOPING CLEAN E NERGY INFRASTRUCTURE AND EDUCATIONAL
PROGRAMS, THE TRUST AND THE CORPS BOARD SHALL SEEK ASSI STANCE FROM
AND COOPERATE WITH THE MARYLAND CLEAN ENERGY CENTER UNDER TITLE 10,
SUBTITLE 8 OF THE ECONOMIC DEVELOPMENT ARTICLE.
(C) IN DEVELOPING ITS VOL UNTEER PROGRAMS , THE TRUST AND THE
CORPS BOARD SHALL SEEK ASSI STANCE FROM AND COOP ERATE WITH:
(1) THE MARYLAND SERVICE CORPS AND THE GOVERNOR’S OFFICE
ON SERVICE AND VOLUNTEERISM UNDER TITLE 9.5, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE;
(2) THE DEPARTMENT OF COMMERCE AND OTHER AP PROPRIATE
UNITS OF STATE GOVERNMENT AND PRIVATE SECTOR ENTIT IES TO DEVELOP
OPPORTUNITIES FOR S TUDENT PARTICIPATION IN PRIVATE SECTOR AC TIVITIES,
SUCH AS INTERNSHIP A ND EXTERNSHIP PROGRA MS; AND
(3) MORGAN STATE UNIVERSITY AND OTHER INSTITUTIONS OF
HIGHER EDUCATION IN THE STATE, TO DEVELOP OPPORTUNI TIES FOR COURSE
CREDIT ARRANGEMENTS THROUGH WHICH STUDENTS MAY EARN CO URSE CREDITS
FOR PARTICIPATION IN CORPS PROGRAMS AS AN ALTERNATIVE TO OR IN ADDITION
TO PAYMENT OF A STIP END.
8–1938. LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 67 –
(A) ON OR BEFORE OCTOBER 1 EACH YEAR, THE TRUST, IN CONSULTATION
WITH THE CORPS BOARD SHALL REPORT TO THE GOVERNOR AND, IN ACCORDANCE
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY.
(B) THE REPORT SHALL INCL UDE A COMPLETE OPERA TING AND FINANCIAL
STATEMENT COVERING T HE OPERATIONS OF THE CORPS BOARD AND A SUMMARY
OF THE ACTIVITIES OF THE CORPS BOARD DURING THE PRECED ING FISCAL YEAR.
Article – Public Safety
12–501.
(a) In this subtitle the following words have the meanings indicated.
(b) “Building” has the meaning stated in the International Building Code.
(c) “Department” means the Maryland Department of Labor.
(d) (1) “International Building Code” means the first printing of the most
recent edition of the International Building Code issued by the International Code Council.
(2) “International Building Code” does not include interim amendments or
subsequent printings of the most recent edition of the International Building Code.
(e) (1) “International Energy Conservation Code” means the first printing of
the most recent edition of the International Energy Conservation Code issued by the
International Code Council.
(2) “International Energy Conservation Code” does not include interim
amendments or subsequent printings of the most recent edition of the International Energy
Conservation Code.
(f) (1) “International Green Construction Code” means the first printing of the
most recent edition of the International Green Construction Code issued by the
International Code Council.
(2) “International Green Construction Code” does not include interim
amendments or subsequent printings of the most recent edition of the International Green
Construction Code.
(g) “Local jurisdiction” means the county or municipal corporation that is
responsible for implementation and enforcement of the Standards under this subtitle.
(h) “Standards” means the Maryland Building Performance Standards.
Ch. 38 2022 LAWS OF MARYLAND
– 68 –
(i) “Structure” has the meaning stated in the International Building Code.
12–503.
(a) (1) The Department shall adopt by regulation, as the Maryland Building
Performance Standards, the International Building Code, including the International
Energy Conservation Code, with the modifications incorporated by the Department under
subsection (b) of this section.
(2) The Department shall adopt each subsequent version of the Standards
within 18 months after it is issued.
(b) (1) Before adopting each version of the Standards, the Department shall:
(i) review the International Building Code to determine whether
modifications should be incorporated in the Standards;
(ii) consider changes to the International Building Code to enhance
energy conservation and efficiency;
(iii) subject to the provisions of paragraph (2)(ii) of this subsection,
adopt modifications to the Standards that allow any innovative approach, design,
equipment, or method of construction that can be demonstrated to offer performance that
is at least the equivalent to the requirements of:
1. the International Energy Conservation Code;
2. Chapter 13, “Energy Efficiency”, of the International
Building Code; or
3. Chapter 11, “Energy Efficiency”, of the International
Residential Code;
(iv) accept written comments;
(v) consider any comments received; and
(vi) hold a public hearing on each proposed modification.
(2) (i) Except as provided in subparagraph (ii) of this paragraph and §
12–510 of this subtitle, the Department may not adopt, as part of the Standards, a
modification of a building code requirement that is more stringent than the requirement in
the International Building Code.
(ii) The Department may adopt energy conservation requirements
that are more stringent than the requirements in the International Energy Conservation LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 69 –
Code, but may not adopt energy conservation requirements that are less stringent than the
requirements in the International Energy Conservation Code.
(3) ON OR BEFORE JANUARY 1, 2023, THE DEPARTMENT SHALL
ADOPT, AS PART OF THE STANDARDS, A REQUIREMENT THAT N EW BUILDINGS BE
PROVIDED WITH SUFFIC IENT ELECTRICAL CAPA CITY AND INFRASTRUCT URE,
INCLUDING CIRCUITS , RACEWAYS, RECEPTACLES , AND JUNCTION BOXES , TO
SUPPORT THE REPLACEM ENT OF INSTALLED FOS SIL–FUEL APPLIANCES AND
EQUIPMENT WITHOUT RE QUIRING DESTRUCTIVE MODIFICATIONS TO THE BUILDING
INTERIOR OR EXTERIOR TO COMPLETE THE NECE SSARY ELECTRICAL WOR K FOR THE
INSTALLATION.
(3) (I) ON OR BEFORE JANUARY 1, 2023, THE DEPARTMENT SHALL
ADOPT, AS PART OF THE STANDARDS:
1. SUBJECT TO SUBPARAGR APH (II) OF THIS
PARAGRAPH , A REQUIREMENT THAT N EW BUILDINGS MEET AL L WATER AND SPACE
HEATING DEMAND WITHO UT THE USE OF FOSSIL FUELS; AND
2. ELECTRIC–READY STANDARDS TO E NSURE THAT NEW
BUILDINGS ARE READY FOR:
A. THE INSTALLATION OF SOLAR ENERGY SYSTEMS ;
B. THE INSTALLATION OF ELECTRIC VEHICLE CHA RGING
EQUIPMENT; AND
C. BUILDING–GRID INTERACTION .
(II) 1. A LOCAL JURISDICTION M AY GRANT A VARIANCE
FROM THE REQUIREMENT S OF SUBPARAGRAPH (I)1 OF THIS PARAGRAPH FO R A
BUILDING ONLY IF THE LOCAL JURISDICTION D ETERMINES, IN ACCORDANCE WITH
A COST–EFFECTIVENESS TEST D EVELOPED BY THE DEPARTMENT , THAT THE
INCREMENTAL COST OF CONSTRUCTING THE BUILDING TO COMP LY WITH THE
REQUIREMENTS WOULD B E GREATER THAN THE S OCIAL COST OF THE GR EENHOUSE
GASES THAT WOULD BE REDUCED BY COMPLYING WITH THE REQUIREMENT S.
2. THE COST–EFFECTIVENESS TEST D EVELOPED BY THE
DEPARTMENT UNDER THIS SUBPARAGR APH SHALL:
A. FOR THE PURPOSE OF C ALCULATING THE SOCIA L
COST OF GREENHOUSE G ASES, USE EITHER THE RATE ADOPTED BY THE
DEPARTMENT OF THE ENVIRONMENT OR THE RA TE ADOPTED BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY, WHICHEVER IS GREATER; AND Ch. 38 2022 LAWS OF MARYLAND
– 70 –
B. ACCOUNT FOR PROJECTE D UTILITY COST RATES AND
EMISSIONS RATES BASE D ON THE MOST RECENT FINAL GREENHOUSE GAS
EMISSIONS REDUCTION PLAN ADOPTED UNDER § 2–1205 OF THE ENVIRONMENT
ARTICLE.
3. A BUILDING THAT RECEIV ES A VARIANCE IN
ACCORDANCE WITH THE C OST–EFFECTIVENESS TEST D EVELOPED UNDER THIS
SUBPARAGRAPH SHALL S TILL BE REQUIRED TO COMPLY WITH ELECTRIC –READY
STANDARDS ADOPTED UN DER SUBPARAGRAPH (I)2 OF THIS PARAGRAPH .
(c) The Standards apply to each building or structure in the State for which a
building permit application is received by a local jurisdiction on or after August 1, 1995.
(d) In addition to the Standards, the Department [may] SHALL:
(1) ON OR BEFORE JANUARY 1, 2023, adopt by regulation the 2018
International Green Construction Code; AND
(2) ADOPT EACH SUBSEQUEN T VERSION OF THE CODE WITHIN 18
MONTHS AFTER IT IS I SSUED.
12–505.
(a) (1) (i) Each local jurisdiction shall implement and enforce the most
current version of the Standards and any local amendments to the Standards.
(ii) Any modification of the Standards adopted by the State after
December 31, 2009, shall be implemented and enforced by a local jurisdiction no later than
12 months after the modifications are adopted by the State.
Article – Public Utilities
7–211.
(g) (1) Except as provided in subsection (e) of this section, on or before
December 31, 2008, by regulation or order, the Commission shall:
(i) to the extent that the Commission determines that cost–effective
energy efficiency and conservation programs and services are available, for each affected
class, require each electric company to procure or provide for its electricity customers
cost–effective energy efficiency and conservation programs and services with projected and
verifiable electricity savings that are designed to achieve a targeted reduction of at least
5% by the end of 2011 and 10% by the end of 2015 of per capita electricity consumed in the
electric company’s service territory during 2007; and LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 71 –
(ii) require each electric company to implement a cost–effective
demand response program in the electric company’s service territory that is designed to
achieve a targeted reduction of at least 5% by the end of 2011, 10% by the end of 2013, and
15% by the end of 2015, in per capita peak demand of electricity consumed in the electric
company’s service territory during 2007.
(2) (i) Except as provided in subsection (e) of this section, for the
duration of the [2018–2020 and] 2021–2023 AND 2024–2026 program cycles, by regulation
or order, the Commission shall, to the extent that the Commission determines that
cost–effective energy efficiency and conservation programs and services are available, for
each affected class, require each electric company to procure or provide for its electricity
customers cost–effective energy efficiency and conservation programs and services with
projected and verifiable electricity savings that are designed on a trajectory to achieve a
targeted annual incremental gross energy savings of at least [2.0% per year, calculated as
a percentage of the electric company’s 2016 weather–normalized gross retail sales and
electricity losses] THE FOLLOWING ANNUAL PERCENTAGES , CALCULATED AS A
PERCENTAGE OF THE EL ECTRIC COMPANY ’S 2016 WEATHER–NORMALIZED GROSS
RETAIL SALES AND ELE CTRICITY LOSSES :
1. 2.25% 2.0% PER YEAR IN 2022 THROUGH 2024 AND
2025;
2. 2.5% 2.25% PER YEAR IN 2025 AND 2026; AND
3. 2.75% 2.5% PER YEAR IN 2027 AND THEREAFTER .
(ii) The savings trajectory shall use the approved 2016 plans
submitted under subsection (h)(2) of this section as a baseline for an incremental increase
of a rate of.20% per year until the minimum [2.0% per year] savings rate SPECIFIED IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH is achieved.
(iii) The gross retail sales against which the savings are measured
shall:
1. reflect sales associated with customer classes served by
utility–administered programs only; and
2. be updated by the Commission for each plan submitted
under subsection (h)(2) of this section.
(iv) The targeted annual incremental gross energy savings shall be
achieved based on the 3–year average of an electric company’s plan submitted under
subsection (h)(2) of this section.
Ch. 38 2022 LAWS OF MARYLAND
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(V) FOR 2025 AND THEREAFTER , THE CORE OBJEC TIVE OF THE
TARGETED REDUCTIONS UNDER THIS SECTION S HALL INCLUDE DEVELOP MENT AND
IMPLEMENTATION OF A PORTFOLIO OF MUTUALL Y REINFORCING GOALS , INCLUDING
GREENHOUSE GAS EMISS IONS REDUCTION , ENERGY SAVINGS , NET CUSTOMER
BENEFITS, AND REACHING UNDERSE RVED CUSTOMERS.
7–217.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “ELECTRIC SCHOOL BUS ” MEANS A SCHOOL BUS T HAT IS
POWERED EXCLUSIVELY BY AN ELECTRIC MOTOR THAT DRAWS ITS CURRE NT FROM
RECHARGEABLE STORAGE BATTERIES THAT ARE RECHARGED WITH ELECT RICITY
FROM AN ELECTRIC VEH ICLE CHARGING STATIO N.
(3) “ELECTRIC SCHOOL BUS P ILOT PROGRAM ” MEANS A PILOT
PROGRAM CONDUCTED BY AN INVESTOR–OWNED ELECTRIC COMPA NY UNDER THIS
SECTION.
(4) “INCREMENTAL ADMINISTR ATIVE AND OPERATING COSTS” MEANS
THE AMOUNT BY WHICH THE COST OF ADMINIST ERING AND OPERATING AN ELECTRIC
SCHOOL BUS PROGRAM E XCEEDS THE COST OF A DMINISTERING AND OPE RATING A
DIESEL SCHOOL BUS PR OGRAM.
(5) “INCREMENTAL COSTS OF PURCHASING AND DEPLO YING
ELECTRIC SCHOOL BUSE S” MEANS THE AMOUNT BY WH ICH THE COSTS OF
PURCHASING AND DEPLO YING ELECTRIC SCHOOL BUSES EXCEED THE COS TS OF
PURCHASING AND DEPLO YING DIESEL SCHOOL B USES.
(6) “INTERCONNECTION EQUIP MENT” MEANS A GROUP OF
COMPONENTS OR AN INT EGRATED SYSTEM THAT CONNECTS AN EL ECTRIC VEHICLE
CHARGING STATION WIT H THE DISTRIBUTION S YSTEM OF AN INVESTOR –OWNED
ELECTRIC COMPANY .
(7) “INTERCONNECTION FACIL ITIES” MEANS FACILITIES REQ UIRED
BY AN INVESTOR –OWNED ELECTRIC COMPA NY TO ACCOMMODATE TH E
INTERCONNECTION OF A N ELECTRIC VEHIC LE CHARGING STATION .
(8) “PARTICIPATING SCHOOL SYSTEM” MEANS A SCHOOL SYSTE M
LOCATED WITHIN AN IN VESTOR–OWNED ELECTRIC COMPA NY’S SERVICE TERRITORY
THAT:
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 73 –
(I) PARTICIPATES IN AN E LECTRIC SCHOOL BUS P ILOT
PROGRAM UNDER AN AGR EEMENT BETWEEN ITS S CHOOL BOARD AND AN
INVESTOR–OWNED ELECTRIC COMPA NY; AND
(II) OWNS ITS SCHOOL BUSE S OR CONTRACTS WITH ANOTHER
ENTITY FOR SCHOOL BU S SERVICES.
(9) “PROGRAM COSTS ” MEANS:
(I) ANY COSTS TO DEPLOY APPROPRIATE ELECTRIC SCHOOL
BUS CHARGING INFRAST RUCTURE THAT ARE INC URRED BY AN INVESTOR –OWNED
ELECTRIC COMPANY IN IMPLEMENTING AN ELEC TRIC SCHOOL BUS PILO T PROGRAM;
AND
(II) REBATES PAID TO A PA RTICIPATING SCHOOL S YSTEM.
(10) “REBATE” MEANS AN INCENTIVE P ROVIDED BY AN
INVESTOR–OWNED ELECTRIC COMPA NY TO A PARTICIPATIN G SCHOOL SYSTEM THAT
IS EQUAL TO:
(I) THE DEMONSTRABLE INCREMENTAL COSTS OF PURCHASING
AND DEPLOYING ELECTR IC SCHOOL BUSES TO P ARTICIPATING SCHOOL SYSTEMS ;
AND
(II) THE INCREMENTAL ADMINISTRATIVE AND O PERATING
COSTS INCURRED BY A PARTICIPATING SCHOOL SYSTEM IN IMPLEMENTI NG ITS
ELECTRIC SCHOOL BUS PILOT PROGRAM .
(B) (1) THERE IS AN ELECTRIC SCHOOL BUS PILOT PRO GRAM.
(2) THE ELECTRIC SC HOOL BUS PILOT PROGR AM SHALL BE
IMPLEMENTED AND ADMI NISTERED BY THE COMMISSION AND SHALL OPERATE AS
PROVIDED IN THIS SEC TION.
(C) AN INVESTOR –OWNED ELECTRIC COMPA NY MAY APPLY TO THE
COMMISSION TO IMPLEME NT AN ELECTRIC SCHOO L BUS PILOT PROGRAM IF THE
PILOT PROGRAM IS STRUCTU RED TO:
(1) COMMENCE ON OR BEFORE OCTOBER 1, 2024;
(2) PROVIDE FOR THE DEPL OYMENT OF NOT FEWER THAN 25
ELECTRIC SCHOOL BUSE S;
Ch. 38 2022 LAWS OF MARYLAND
– 74 –
(3) PROVIDE FOR ELECTRIC SCHOOL BUS REBATES T O PARTICIPATING
SCHOOL SYSTEMS ;
(4) LIMIT TOTAL REBATES TO $50,000,000;
(5) ALLOW THE INVESTOR –OWNED ELECTRIC COMPA NY TO USE THE
STORAGE BATTERIES OF THE ELECTRIC SCHOOL BUSES TO ACCESS THE STORED
ELECTRICITY THROUGH VEHICLE–TO–GRID TECHNOLOGY :
(I) EXCEPT AS PROVIDED I N ITEM (6) OF THIS SUBSECTIO N,
WITHOUT ADDITIONAL C OMPENSATION TO THE S CHOOL SYSTEM FOR THE
ELECTRICITY; AND
(II) AT TIMES WHEN THE PA RTICIPATING SCHOOL S YSTEM
DETERMINES THAT THE SCHOOL BUSES ARE NOT NEEDED TO TRANSPORT
STUDENTS;
(6) ENSURE THAT IF THE I NVESTOR–OWNED UTILITY USES
ELECTRICITY THAT A P ARTICIPATING SCHOOL SYSTEM PROVIDES TO C HARGE AN
ELECTRIC SCHOOL BUS BATTERY, THE INVESTOR –OWNED UTILITY REPLAC ES THAT
ELECTRICITY AT NO CO ST TO THE PARTICIPAT ING SCHOOL SYSTEM ;
(7) PROVIDE FOR THE SELE CTION OF SCHOOL SYST EMS THAT APPLY
TO PARTICIPATE IN TH E PILOT PROGRAM ON T HE BASIS OF APPROPRI ATE FACTORS
DETERMINED BY THE IN VESTOR–OWNED ELECTRIC COMPA NY WITH THE APPROVAL
OF THE COMMISSION, INCLUDING THE LOCATI ONAL BENEFITS THAT T HE STORAGE
BATTERIES OF SCHOOL BUSES MAY BRING T O THE INVESTOR –OWNED ELECTRIC
COMPANY;
(8) CONSIDER, IN DETERMINING THE A PPROPRIATE FACTORS U NDER
ITEM (7) OF THIS SUBSECTION , THE HEALTH AND ECONO MIC EFFECTS ON
LOW–INCOME AND MINORITY COMMUNITIES ;
(9) PROVIDE AND INSTALL THE INTERCONNECTION EQUIPMENT AND
INTERCONNECTION FACI LITIES FOR ELECTRIC VEHICLE CHARGING STA TIONS AND
TRAIN SCHOOL PERSONN EL IN THE PROPER USE OF THE EQUIPMENT AND
FACILITIES;
(10) EQUIP ENSURE EACH ELECTRIC SCHOOL BUS IS EQUIPPED WITH
LAP AND SHOULDER BEL TS IN ACCORDANCE WITH RECOMMENDATIONS FROM THE
NATIONAL TRANSPORTATION SAFETY BOARD; AND
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 75 –
(11) PROVIDE ENSURE THE SCHOOL BOARD IS PROVIDED WITH
ADEQUATE TRAINING AN D EXPERTISE TO OPERA TE ABLY ELECTRIC SCH OOL BUSES,
ELECTRIC VEHICLE CHA RGING STATIONS , AND ASSOCIATED INFRA STRUCTURE.
(D) A PARTICIPATING SCHOOL SYSTEM SHALL:
(1) WHEN DEPLOYING ELECT RIC SCHOOL BUSES , CONSIDER CRITERIA
THAT BENEFIT STUDENT S WHO ARE ELIGIBLE F OR FREE AND
REDUCED PRICE MEALS ; AND
(2) BEFORE THE DELIVERY OF ELECTRIC SCHOOL B USES, DEVELOP A
PLAN FOR TRAINING AN D RETAINING ANY SCHO OL SYSTEM EMPLOYEE A FFECTED BY
THE ELECTRIC SCHOOL BUS PILOT PROGRAM .
(E) (1) SUBJECT TO THE COMMISSION’S APPROVAL , AN
INVESTOR–OWNED ELECTRIC COMPA NY MAY RECOVER ALL R EASONABLE AND
PRUDENT PROGRAM COST S INCURRED UNDER AN ELECTRIC SCHOOL BUS PILOT
PROGRAM THROUGH A RATE APPLICATION TO BE MECHANISM THAT IS REVIEWED
AND APPROVED BY THE COMMISSION.
(2) A RATE APPLICATION U NDER THIS SUBSECTION SHALL INCLUDE
CONFORMING CHANGES T O THE PARTICIPATING INVESTOR–OWNED ELECTRIC
COMPANY’S APPLICABLE RATE SC HEDULES.
(3) SUBJECT TO THE COMMISSION’S APPROVAL , THE ELECTRIC
SCHOOL BUS PILOT PRO GRAM SHALL BECOME A REGULAR RATE SCHEDUL E OF THE
PARTICIPATING INVEST OR–OWNED ELECTRIC COMPA NY.
(F) SUBJECT TO THE COMMISSION’S APPROVAL, AN INVESTOR –OWNED
ELECTRIC COMPANY MAY ESTABLISH A PILOT TA RIFF OR RATE TO PROV IDE SERVICE
TO AN ELECTRIC SCHOO L BUS.
(G) AN INVESTOR –OWNED ELECTRIC COMPA NY THAT APPLIES TO
IMPLEMENT AN ELECTRI C SCHOOL BUS PILOT P ROGRAM SHALL PROVIDE TO THE
COMMISSION ANY INFORM ATION, DATA, AND ANALYSIS THAT TH E COMMISSION
REQUIRES.
(H) THE COMMISSION SHALL APPR OVE, DENY, OR APPROVE WITH
MODIFICATIONS AN INV ESTOR–OWNED ELEC TRIC COMPANY ’S APPLICATION TO
IMPLEMENT AN ELECTRI C SCHOOL BUS PILOT P ROGRAM.
(I) (1) AN INVESTOR–OWNED ELECTRIC COMPA NY THAT ESTABLISHES AN
ELECTRIC SCHOOL BUS PILOT PROGRAM AUTHOR IZED BY THIS SECTION SHALL, IN
CONSULTATION WITH EA CH PARTICIPATING SCH OOL SYSTEM, BY FEBRUARY 1, 2025, Ch. 38 2022 LAWS OF MARYLAND
– 76 –
AND EACH YEAR THEREA FTER FOR THE DURATIO N OF THE PILOT PROGR AM, REPORT
ON THE STATUS OF THE PILOT PROGRAM TO THE GOVERNOR, THE COMMISSION,
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE
HOUSE ECONOMIC MATTERS COMMITTEE AND THE SENATE FINANCE COMMITTEE.
(2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL INC LUDE:
(I) AN EVALUATION OF THE ENVIRONMENTAL AND HE ALTH
BENEFITS OF THE PILO T PROGRAM; AND
(II) THE FINANCIAL COSTS AND BENEFITS OF IMPLEMEN TING
THE PILOT PROGRAM TO THE PARTICIPATING SC HOOL SYSTEM AND THE
INVESTOR–OWNED UTILITY , INCLUDING:
1. THE DEPLOYMENT , OPERATION, AND MAINTENANCE
OF THE ELECTRIC SCHO OL BUSES; AND
2. THE USE OF VEHICLE –TO–GRID TECHNOLOGY .
(J) THE INITIAL DURATION OF AN ELECTRIC SCHOO L BUS PILOT PROGRAM
SHALL BE AT LEAST 3 YEARS AND MAY NOT EX CEED 5 YEARS.
(K) ON THE REQUEST OF AN INVESTOR–OWNED ELECTRIC COMPA NY, THE
COMMISSION MAY AUTHOR IZE AN EXPANSION OF THE SCOPE, DEPLOYMENT ,
PROGRAM COSTS, AND DURATION OF THE ELECTRIC SCHOOL BUS PILOT PROGRAM .
SUBTITLE 8. ELECTRIC DISTRIBUTION SYSTEM PLANNING.
7–801.
IT IS THE GOAL OF THE STATE THAT THE ELECTR IC DISTRIBUTION SYST EM
SUPPORT, IN A COST–EFFECTIVE MANNER , THE STATE’S POLICY GOALS WIT H
REGARD TO:
(1) GREENHOUSE GAS REDUC TION;
(2) RENEWABLE ENERGY ;
(3) DECREASING DEPENDENC E ON ELECTRICITY IMP ORTED FROM
OTHER STATES ; AND
(4) ACHIEVING ENERGY DIS TRIBUTION RESILIENCY , EFFICIENCY,
AND RELIABILITY. LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 77 –
7–802.
ON OR BEFORE DECEMBER 1, 2024, AND EACH DECEMBER 1 THEREAFTER ,
THE COMMISSION SHALL SUBM IT A REPORT, IN ACCORDANCE WITH § 2–1257 OF THE
STATE GOVERNMENT ARTICLE, TO THE GENERAL ASSEMBLY WITH INFORMA TION
REGARDING THE CURREN T STATUS OF ELECTRIC DISTRIBUTION SYSTEM
EVOLUTION, INCLUDING INFORMATIO N ON ELECTRIC DISTRIBUTION SYSTEM
PLANNING PROCESSES A ND IMPLEMENTATION TH AT PROMOTE, AS SPECIFIC GOALS ,
THE FOLLOWING :
(1) MEASURES TO DECREASE GREENHOUSE GAS EMISS IONS INCIDENT
TO ELECTRIC DISTRIBU TION, INCLUDING HIGH LEVELS OF DISTR IBUTED ENERGY
RESOURCES AND ELECTR IC VEHICLES;
(2) GIVING PRIORITY TO V ULNERABLE COMMUNITIE S IN THE
DEVELOPMENT OF DISTR IBUTED ENERGY RESOUR CES AND ELECTRIC VEH ICLE
INFRASTRUCTURE ;
(3) ENERGY EFFICIENCY ;
(4) MEETING ANTICIPATED INCREASE S IN LOAD;
(5) INCORPORATION OF ENE RGY STORAGE TECHNOLO GY AS
APPROPRIATE AND PRUD ENT TO:
(I) SUPPORT EFFICIENCY A ND RELIABILITY OF TH E ELECTRIC
DISTRIBUTION SYSTEM ; AND
(II) PROVIDE ADDITIONAL C APACITY TO ACCOMMODA TE
INCREASED DISTRIBUTE D RENEWABLE ELECTRIC ITY GENERATION IN CO NNECTION
WITH ELECTRIC DISTRIBUTIO N SYSTEM MODERNIZATION ;
(6) EFFICIENT MANAGEMENT OF LOAD VARIABILITY ;
(7) ELECTRIC DISTRIBUTIO N SYSTEM RESILIENCY AND RELIABILITY;
(8) BIDIRECTIONAL POW ER FLOWS;
(9) DEMAND RESPONSE AND OTHER NONWIRE AND NO NCAPITAL
ALTERNATIVES ;
(10) INCREASED USE OF DIS TRIBUTED ENERGY RESO URCES,
INCLUDING ELECTRIC V EHICLES; Ch. 38 2022 LAWS OF MARYLAND
– 78 –
(11) TRANSPARENT STAKEHOL DER PARTICIPATION IN ONGOING
ELECTRIC DISTRIBUTION SYSTEM PLANNING PROCESSES ; AND
(12) ANY OTHER ISSUES THE COMMISSION CONSIDERS APPROPRIATE .
7–803.
(A) THE GENERAL ASSEMBLY STRONGLY ENC OURAGES THE ELECTRIC
COMPANIES OF THE STATE TO PURSUE DILIG ENTLY FEDERAL FUNDS TO MEET THE
STATE’S POLICY GOALS FOR T HE ELECTRIC DISTRIBUTION SYSTEM, INCLUDING
FUNDS MADE AVAILABLE UNDER §§ 40101, 40103, AND 40107 OF THE FEDERAL
INFRASTRUCTURE INVESTMENT AND JOBS ACT.
(B) THE COMMISSION AND THE MARYLAND ENERGY ADMINISTRATION
SHALL PROVIDE ASSIST ANCE AND SUPPORT TO ELECTRIC COMPANIES FOR APPLYI NG
FOR AND OBTAINING ACCESS TO FEDERAL AND OTHER AV AILABLE FUNDS TO MEET
THE STATE’S POLICY GOALS FOR T HE ELECTRIC DISTRIBU TION SYSTEM.
(C) THE MARYLAND ENERGY ADMINISTRATION SHALL IDENTIFY FUNDING
SOURCES THAT MAY BE AVAILABLE TO EL ECTRIC COMPANIES TO IMPLEMENT THE
STATE’S POLICY GOALS UNDER § 7–802 OF THIS SUBTITLE , INCLUDING FUNDING
FOR:
(1) INCREASING THE EFFIC IENCY OF ELECTRIC DI STRIBUTION
SYSTEMS, INCLUDING THROUGH IN STALLATION AND INTEG RATION OF ENERGY
STORAGE DEVICES AND OPERATIONAL CHANGES AN D UPGRADES;
(2) GRID–HARDENING ACTIVITIES TO REDUCE THE OCCURR ENCE OF
OR CONSEQUENCES OF E VENTS THAT DISRUPT O PERATIONS OF THE ELE CTRIC
DISTRIBUTION SYSTEM DUE TO EXTREME WEATH ER OR NATURAL DISAST ERS;
(3) OTHER DISTRIBUTION SYSTEM–RELATED UPGRADE ACTI VITIES
AVAILABLE FOR FUNDIN G UNDER § 40101, § 40103, OR § 40107 OF THE FEDERAL
INFRASTRUCTURE INVESTMENT AND JOBS ACT; AND
(4) OTHER SPECIFIC ACTIV ITIES THAT THE COMMISSION IDENTIFIES .
(D) AS NEEDED TO PROMOTE THE STATE’S POLICY GOALS UNDER § 7–802 OF
THIS SUBTITLE, THE COMMISSION:
(1) SHALL REQUIRE EACH E LECTRIC COMPANY TO R EPORT TO THE
COMMISSION AND THE MARYLAND ENERGY ADMINISTRATION ON : LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 79 –
(I) THE FUNDING FOR WHIC H THE ELECTRIC COMPA NY HAS
APPLIED;
(II) THE PURPOS ES FOR WHICH THE FUN DING IS INTENDED TO
BE USED;
(III) THE STATUS OF THE FU NDING APPLICATIONS ; AND
(IV) CONDITIONS THAT MUST BE MET TO OBTAIN THE FUNDING;
AND
(2) MAY ADOPT REGULATION S OR ISSUE ORDERS TH AT REQUIRE
ELECTRIC COMPANIES T O APPLY FOR FEDERAL AND OTHER AV AILABLE FUNDS IN A
TIMELY MANNER .
7–804.
ON OR BEFORE JULY 1, 2025, THE COMMISSION SHALL ADOP T REGULATIONS
OR ISSUE ORDERS TO I MPLEMENT SPECIFIC PO LICIES FOR ELECTRIC DISTRIBUTION
SYSTEM PLANNING AND IMPROVEMENTS IN ORDE R TO PROMOTE THE STATE’S
POLICY GOALS UNDER § 7–802 OF THIS SUBTITLE.
Article – State Finance and Procurement
3–602.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “High performance building” means a building that:
(i) 1. A. [meets or exceeds the current] ACHIEVES AT
LEAST A SILVER RATIN G ACCORDING TO THE M OST RECENT version of the U.S. Green
Building Council’s LEED (Leadership in Energy and Environmental Design) Green
Building Rating System [Silver rating]; OR
B. 2. IS A SCHOOL OR PUBLIC S AFETY BUILDING THAT
ACHIEVES AT LEAST A CERTIFIED RATING ACC ORDING TO THE MOST R ECENT
VERSION OF THE U.S. GREEN BUILDING COUNCIL’S LEED GREEN BUILDING
RATING SYSTEM AND, BASED ON THE BUILDIN G’S LOCATION, ACHIEVES 5 POINTS
OR FEWER IN TH E COMBINED CREDITS F OR ACCESS TO QUALITY TRANSIT AND
SURROUNDING DENSITY AND DIVERSE USES ;
Ch. 38 2022 LAWS OF MARYLAND
– 80 –
[(ii)] 2. Achieves at least a comparable numeric rating according
to a nationally recognized, accepted, and appropriate numeric sustainable development
rating system, guideline, or standard approved by the Secretaries of Budget and
Management and General Services; or
[(iii)] 3. Complies with a nationally recognized and accepted green
building code, guideline, or standard reviewed and recommended by the Maryland Green
Building Council and approved by the Secretaries of Budget and Management and General
Services; AND
(II) 1. MEETS OR EXCEEDS THE CURRENT REQUIREMENTS
FOR CERTIFICATION UN DER THE U.S. GREEN BUILDING COUNCIL’S LEED
(LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN) ZERO ENERGY
PROGRAM; OR
2. ACHIEVES A NET –ZERO ENERGY BALANCE IN
ACCORDANCE WITH STAN DARDS OR GUIDELINES RECOMMENDED BY THE
MARYLAND GREEN BUILDING COUNCIL AND APPROVED BY THE SECRETARY OF
BUDGET AND MANAGEMENT AND THE SECRETARY OF GENERAL SERVICES.
(3) “Major renovation” means the renovation of a building where:
(i) the building shell is to be reused for the new construction;
(ii) the heating, ventilating, and air conditioning (HVAC), electrical,
and plumbing systems are to be replaced; and
(iii) the scope of the renovation is 7,500 square feet or greater.
(b) It is the intent of the General Assembly that, to the extent practicable:
(1) the State shall employ green building technologies when constructing
or renovating a State building not subject to this section; and
(2) high performance buildings shall meet the criteria and standards
established under the “High Performance Green Building Program ” adopted by the
Maryland Green Building Council.
(c) (1) This subsection applies to:
(i) capital projects [that are funded solely] FOR WHICH AT LEAST
25% OF THE PROJECT COSTS ARE FUNDED with State funds; and
(ii) community college capital projects that receive State funds.
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 81 –
(2) Except as provided in subsections (d) and (e) of this section, if a capital
project includes the construction or major renovation of a building that is 7,500 square feet
or greater, the building shall be constructed or renovated to be a high performance building.
(d) The following types of unoccupied buildings are not required to be constructed
or renovated to be high performance buildings:
(1) warehouse and storage facilities;
(2) garages;
(3) maintenance facilities;
(4) transmitter buildings;
(5) pumping stations; and
(6) other similar types of buildings, as determined by the Department.
(e) (1) The Department of Budget and Management and the Department of
General Services shall jointly establish a process to allow a unit of State government or a
community college to obtain a waiver from complying with subsection (c) of this section.
(2) The waiver process shall:
(i) include a review by the Maryland Green Building Council
established under § 4–809 of this article, to determine if the use of a high performance
building in a proposed capital project is not practicable; and
(ii) require the approval of a waiver by the Secretaries of Budget and
Management, General Services, and Transportation.
3–602.4.
(A) (1) THIS SECTION APPLIES ONLY TO:
(I) A CAPITAL PROJECT TH AT IS FUNDED SOLELY WITH STATE
FUNDS; AND
(II) SUBJECT TO § 5–312 OF THE EDUCATION ARTICLE, AT
LEAST ONE PUBLIC SCH OOL CONSTRUCTION PRO JECT IN EACH LOCAL S CHOOL
SYSTEM FROM JULY 1, 2023, THROUGH JUNE 30, 2033, INCLUSIVE.
(2) THIS SECTION DOES NOT APPLY TO UNOCCUPIED BUILDINGS
THAT ARE NOT REQUIRE D TO BE CONSTRUCTED TO BE HIGH PERFORMAN CE
BUILDINGS UNDER § 3–602.1 OF THIS SUBTITLE. Ch. 38 2022 LAWS OF MARYLAND
– 82 –
(B) IN ADDITION TO MEETIN G THE HIGH PERFORMAN CE BUILDING
REQUIREMENTS ESTABLI SHED UNDER § 3–602.1 OF THIS SUBTITLE , IF A PROJECT
DESCRIBED IN SUBSECT ION (A)(1) OF THIS SECTION INCL UDES THE CONSTRUCTIO N
OF A BUILDING THAT I S 7,500 SQUARE FEET OR GREAT ER, THE BUILDING SHALL B E
CONSTRUCTED TO :
(1) MEET OR EXCEED THE C URRENT REQUIREMENTS FOR
CERTIFICATION UNDER THE U.S. GREEN BUILDING COUNCIL’S LEED
(LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN) ZERO ENERGY
PROGRAM; OR
(2) ACHIEVE A NET –ZERO ENERGY BALANCE IN ACCORDANCE WITH
STANDARDS OR GUIDELI NES RECOMMENDED BY T HE MARYLAND GREEN BUILDING
COUNCIL AND APPROVED BY THE SECRETARY OF BUDGET AND MANAGEMENT AND
THE SECRETARY OF GENERAL SERVICES.
(C) (1) THE DEPARTMENT OF BUDGET AND MANAGEMENT AND THE
DEPARTMENT OF GENERAL SERVICES SHALL JOINTL Y ESTABLISH A PROCES S TO
ALLOW A UNIT OF STATE GOVE RNMENT TO OBTAIN A W AIVER FROM COMPLYING
WITH SUBSECTION (B) OF THIS SECTION.
(2) THE WAIVER PROCESS SH ALL:
(I) INCLUDE A REVIEW BY THE MARYLAND GREEN BUILDING
COUNCIL ESTABLISHED U NDER § 4–809 OF THIS ARTICLE , TO DETERMINE IF THE
USE OF A NET–ZERO ENERGY BUILDING IN A PROPOSED CAPITAL PRO JECT IS NOT
PRACTICABLE ; AND
(II) REQUIRE THE APPROVAL OF A WAIVER BY THE SECRETARY
OF BUDGET AND MANAGEMENT , THE SECRETARY OF GENERAL SERVICES, AND THE
SECRETARY OF TRANSPORTATION .
4–809.
(f) The Maryland Green Building Council shall:
(1) evaluate current high performance building technologies;
(2) provide recommendations concerning the most cost–effective green
building technologies that the State might consider requiring in the construction of State
facilities, including consideration of the additional cost associated with the various
technologies;
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 83 –
(3) provide recommendations concerning how to expand green building in
the State;
(4) develop a list of building types for which green building technologies
should not be applied, taking into consideration the operational aspects of facilities
evaluated, and the utility of a waiver process where appropriate;
(5) establish a process for receiving public input; [and]
[(6) develop guidelines for new public school buildings to achieve the
equivalent of the current version of the U.S. Green Building Council’s LEED (Leadership
in Energy and Environmental Design) Green Building Rating System Silver rating or a
comparable rating system or building code as authorized in § 3–602.1 of this article without
requiring an independent certification that the buildings have achieved the required
standards.]
(6) ENSURE THAT STATE BUILDINGS , PUBLIC SCHOOLS , AND
COMMUNITY COLLEGES T HAT ARE REQUIRED TO MEET THE HIGH PERFORMANCE
BUILDING REQUIREMENT S UNDER § 3–602.1 OF THIS ARTICLE OR § 5–312 OF THE
EDUCATION ARTICLE MEET THOSE RE QUIREMENTS ; AND
(7) DEVELOP GUIDELINES F OR EVALUATING THE EN ERGY BALANCE
AND ACHIEVING A NET –ZERO ENERGY BALANCE IN BUILDINGS SUBJECT TO §
3–602.1 § 3–602.4 OF THIS ARTICLE.
4–810.
(A) IN THIS SECTION , “LOW–CARBON RENEWABLE ENE RGY SOURCE ”
MEANS:
(1) SOLAR ENERGY , INCLUDING ENERGY FRO M PHOTOVOLTAIC
TECHNOLOGIES AND SOL AR WATER HEATING SYS TEMS;
(2) WIND;
(3) GEOTHERMAL , INCLUDING ENERGY GEN ERATED THROUGH
GEOTHERMAL EXCHANGE FROM OR THERMAL ENER GY AVOIDED BY, GROUNDWATER
OR A SHALLOW GROUND SOURCE;
(4) OCEAN, INCLUDING ENERGY FRO M WAVES, TIDES, CURRENTS,
AND THERMAL DIFFEREN CES; AND
(5) HYDROELECTRIC POWER OTHER THAN PUMP STOR AGE
GENERATION .
Ch. 38 2022 LAWS OF MARYLAND
– 84 –
(B) ON OR BEFORE JANUARY 1, 2030, EACH PRIMARY PROCURE MENT UNIT
SHALL ENSURE THAT AT LEAST 75% OF THE ELECTRICITY S UPPLY PROCURED BY
THE UNIT FOR USE IN STATE FACILITIES IS D ERIVED FROM NO– OR LOW–CARBON
RENEWABLE ENERGY SOURCES .
6–226.
(a) (2) (i) Notwithstanding any other provision of law, and unless
inconsistent with a federal law, grant agreement, or other federal requirement or with the
terms of a gift or settlement agreement, net interest on all State money allocated by the
State Treasurer under this section to special funds or accounts, and otherwise entitled to
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
Fund of the State.
(ii) The provisions of subparagraph (i) of this paragraph do not apply
to the following funds:
144. the Health Equity Resource Community Reserve Fund;
[and]
145. the Access to Counsel in Evictions Special Fund; AND
146. THE NET–ZERO SCHOOL GRANT FUND; AND
147. THE CLIMATE CATALYTIC CAPITAL FUND.
14–418.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “HYBRID VEHICLE ” MEANS AN AUTOMOBILE THAT CAN DRAW
PROPULSION ENERGY FR OM BOTH OF THE FOLLO WING SOURCES OF STOR ED
ENERGY:
(I) GASOLINE OR DIESEL F UEL; AND
(II) A RECHARGEABLE ENERGY STORAGE SYSTEM .
(3) “LIGHT–DUTY VEHICLE ” MEANS A VEHICLE WITH A GROSS
WEIGHT OF 8,500 POUNDS OR LESS .
(4) “PASSENGER CAR ” HAS THE MEANING STAT ED IN § 11–144.2 OF
THE TRANSPORTATION ARTICLE. LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 85 –
(5) “ZERO–EMISSION VEHICLE ” HAS THE MEANING STATED IN §
23–206.4 OF THE TRANSPORTATION ARTICLE.
(B) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT 100% OF:
(1) PASSENGER CARS IN THE STATE VEHICLE FLEET B E
ZERO–EMISSION VEHICLES BY 2030 2031; AND
(2) OTHER LIGHT–DUTY VEHICLES IN THE STATE VEHICLE FLEET B E
ZERO–EMISSION VEHICLES BY 2036.
(C) THIS SECTION DOES NOT APPLY TO THE PURCHAS E OF VEHICLES:
(1) THAT HAVE SPECIAL PE RFORMANCE REQUIREMEN TS NECESSARY
FOR THE PROTECTION A ND WELFARE OF THE PU BLIC; OR
(2) BY THE DEPARTMENT OF TRANSPORTATION OR THE MARYLAND
TRANSIT ADMINISTRATION THAT W ILL BE USED TO PROVI DE PARATRANSIT
SERVICE.
(D) SUBJECT TO THE AVAILA BILITY OF FUNDING , THE THE SUBJECT TO THE
AVAILABILITY OF FUND ING, THE THE STATE SHALL ENSURE THAT :
(1) (I) IN FISCAL YEAR YEARS 2023 THROUGH 2025, INCLUSIVE, AT
LEAST 25% OF PASSENGER CARS PURCHASED FOR T HE STATE VEHICLE FLEET A RE
ZERO–EMISSION VEHICLES ;
(II) IN FISCAL YEARS 2024 2026 AND 2025 2027, AT LEAST 40%
50% OF PASSENGER CARS PU RCHASED FOR THE STATE VEHICLE FLEET A RE
ZERO–EMISSION VEHICLES ;
(III) BEGINNING IN FISCAL YEAR 2026 2028, AT LEAST 75% 100%
OF PASSENGER CARS PURCHASED FOR T HE STATE VEHICLE FLEET A RE
ZERO–EMISSION VEHICLES ; AND
(IV) BEGINNING IN FISCAL YEAR 2027, 100% OF PASSENGER
CARS PURCHASED FOR T HE STATE VEHICLE FLEET A RE ZERO–EMISSION VEHICLES ;
AND
(V) BEGINNING IN FISCAL YEAR 2024, ANY PASSENGER CAR
PURCHASED FOR THE STATE VEHICLE FLEET T HAT IS NOT A ZERO –EMISSION
VEHICLE IS A HYBRID VEHICLE ; AND
Ch. 38 2022 LAWS OF MARYLAND
– 86 –
(2) (I) IN FISCAL YEARS 2028 THROUGH 2030, INCLUSIVE, AT
LEAST 25% OF ALL OTHER LIGHT –DUTY VEHICLES PURCHA SED FOR THE STATE
VEHICLE FLEET ARE ZE RO–EMISSION VEHICLES ;
(II) IN FISCAL YEARS 2031 AND 2032, AT LEAST 50% OF ALL
OTHER LIGHT–DUTY VEHICLES PURCHA SED FOR THE STATE VEHICLE FLEET A RE
ZERO–EMISSION VEHICLES ; AND
(III) BEGINNING IN FISCAL YEAR 2033, 100% OF ALL OTHER
LIGHT–DUTY VEHICLES PURCHA SED FOR THE STATE VEHICLE FLEET A RE
ZERO–EMISSION VEHICLES .
(E) THE DEPARTMENT OF GENERAL SERVICES SHALL ENSURE THE
DEVELOPMENT OF CHARG ING INFRASTRUCTURE T O SUPPORT THE OPERAT ION OF
ZERO–EMISSION VEHICLES IN THE STATE VEHICLE FLEET .
(F) (1) ON OR BEFORE DECEMBER 1 EACH YEAR , THE CHIEF
PROCUREMENT OFFICER SHALL SUBMIT TO THE GENERAL ASSEMBLY, IN
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, AN ANNUAL
REPORT THAT INCLUDES , FOR THE IMMEDIATELY PRECEDING FISCAL YEA R:
(I) THE TOTAL NUMBER OF PASSENGER CARS AND O THER
LIGHT–DUTY VEHICLES PURCHASED BY EA CH UNIT;
(II) THE NUMBER OF ZERO –EMISSION PASSENGER C ARS AND
OTHER LIGHT–DUTY VEHICLES PURCHA SED BY EACH UNIT ;
(III) THE CURRENT PERCENTA GE OF PASSENGER CARS AND
OTHER LIGHT –DUTY VEHICLES IN THE STATE VEHICLE FLEET T HAT ARE
ZERO–EMISSION VEHICLES ;
(IV) ANY OPERATIONAL SAVI NGS ASSOCIATED WITH THE
PURCHASE AND OPERATI ON OF ZERO–EMISSION VEHICLES ; AND
(V) AN EVALUATION OF THE CHARGING INFRASTRUCT URE
THAT EXISTS TO SUPPO RT THE OPERATION OF ZERO–EMISSION VEHICLES IN THE
STATE VEHICLE FLEET .
(2) EACH UNIT SHALL COOPE RATE WITH THE CHIEF PROCUREMENT
OFFICER IN THE COLLEC TION AND REPORTING O F THE INFORMATION RE QUIRED
UNDER THIS SUBSECTIO N.
Article – State Government LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 87 –
9–2010.
(A) IN THIS SECTION , “FUND” MEANS THE NET–ZERO SCHOOL GRANT
FUND.
(B) THERE IS A NET–ZERO SCHOOL GRANT FUND.
(C) THE PURPOSE OF THE FUND IS TO ASSIST LOC AL SCHOOL SYSTEMS TO
COVER THE COST DIFFE RENCE BETWEEN MEETIN G THE BASIC HIGH PER FORMANCE
BUILDING REQUIREMENT S AND THE NET–ZERO ENERGY REQUIREM ENTS UNDER §
3–602.1 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(D) THE ADMINISTRATION SHALL ADMINISTER THE FUND.
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(F) THE FUND CONSISTS OF :
(1) ANY FEDERAL MONEY AL LOCATED TO THE STATE FOR THE
PURPOSE OF CONSTRUCT ING NET–ZERO ENERGY SCHOOL B UILDINGS;
(2) MONEY ALLOCATED TO T HE FUND IN THE STATE BUDGET ; AND
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
(G) (1) THE FUND MAY BE USED ONLY FOR PROVIDING LOCAL SCHOOL
SYSTEMS WITH GRANTS OF UP TO $3,000,000 TO COVER THE COST DI FFERENCE
BETWEEN MEETING THE HIGH PERFORMANCE BUI LDING REQUIREMENTS
ESTABLISHED UNDER § 3–602.1 OF THE STATE FINANCE AND PROCUREMENT
ARTICLE AND THE NET–ZERO ENERGY REQUIREM ENTS UNDER § 3–602.1 § 3–602.4
OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE ADMINISTRATION SHALL DEVELOP GUIDELINES A ND
REPORTING REQUIREMEN TS FOR LOCAL SCHOOL SYSTEMS TO RECEIVE
GRANTS UNDER PARAGRA PH (1) OF THIS SUBSECTION .
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. Ch. 38 2022 LAWS OF MARYLAND
– 88 –
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO
THE FUND.
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE
WITH THE STATE BUDGET .
(J) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO AND IS NOT
INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD BE
APPROPRIATED TO ASSI ST LOCAL SCHOOL SYST EMS WITH SCHOOL CONS TRUCTION
COSTS.
(K) FOR EACH FISCAL YEAR FROM FISCAL YEAR 2024 THROUGH 2032,
INCLUSIVE, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN
APPROPRIATION OF $12,000,000 TO THE FUND.
9–2011. 9–2010.
(A) IN THIS SECTION, “HUB” MEANS THE CLIMATE TRANSITION AND CLEAN
ENERGY HUB.
(B) THERE IS A CLIMATE TRANSITION AND CLEAN ENERGY HUB IN THE
ADMINISTRATION .
(C) THE PURPOSE OF THE HUB IS TO SERVE AS A CLEARINGHOUSE FOR
INFORMATION ON ADVAN CED TECHNOLOGY AND A RCHITECTURAL SOLUTIO NS TO
REDUCE GREENHOUSE GA S EMISSIONS FROM THE BUILDING SECTOR .
(D) (1) THE HUB SHALL PROVIDE TEC HNICAL ASSISTANCE TO PUBLIC
AND PRIVAT E ENTITIES TO ACHIEV E GREENHOUSE GAS EMI SSIONS REDUCTIONS
AND COMPLY WITH STATE AND LOCAL ENERG Y EFFICIENCY AND ELE CTRIFICATION
REQUIREMENTS , INCLUDING:
(1) NET–ZERO ENERGY REQUIREM ENTS FOR PUBLIC SCHO OL
BUILDINGS ESTABLISHE D UNDER § 5–312 OF THE EDUCATION ARTICLE;
(2) (I) BUILDING EMISSIONS S TANDARDS FOR COVERED
COMMERCIAL AND MULTI FAMILY RESIDENTIAL B UILDINGS ESTABLISHED UNDER
TITLE 2, SUBTITLE 16 OF THE ENVIRONMENT ARTICLE;
(3) (II) THE MARYLAND BUILDING PERFORMANCE STANDARDS
AND LOCAL AME NDMENTS TO THE STANDARDS ESTABLISHED UNDER TITLE 12,
SUBTITLE 5 OF THE PUBLIC SAFETY ARTICLE; AND LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 89 –
(4) (III) HIGH PERFORMANCE BUI LDING REQUIREMENTS F OR
STATE–FUNDED BUILDINGS EST ABLISHED UNDER § 3–602.1 OF THE STATE
FINANCE AND PROCUREMENT ARTICLE.
(2) THE HUB SHALL ALSO PROVID E TECHNICAL ASSISTAN CE FOR
INCREASING BUILDING PERFORMANCE AND ENER GY EFFICIENCY FOR OT HER
EXISTING AND NEW RES IDENTIAL PROPERTIES .
Article – Tax – Property
7–237.
(a) Except as provided in subsection (b) of this section, personal property is
exempt from property tax if the property is machinery or equipment used to generate:
(1) electricity or steam for sale; or
(2) hot or chilled water for sale that is used to heat or cool a building.
(b) Subject to § 7–514 of this title, AND EXCEPT AS PROVID ED IN SUBSECTION
SUBSECTIONS SUBSECTION (C) AND (D) OF THIS SECTION , personal property that is
machinery or equipment described in subsection (a) of this section is subject to county or
municipal corporation property tax on:
(1) 75% of its value for the taxable year beginning July 1, 2000; and
(2) 50% of its value for the taxable year beginning July 1, 2001 and each
subsequent taxable year.
(C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HAVE THE
MEANINGS INDICATED .
(II) “BROWNFIELD” MEANS:
1. A FORMER INDUSTRIAL OR COMMERCIAL SITE
IDENTIFIED BY FEDERA L OR STATE LAWS OR REGULAT IONS AS CONTAMINATED OR
POLLUTED; OR
2. A CLOSED MUNICIPAL O R RUBBLE LANDFILL
REGULATED UNDER A RE FUSE DISPOSAL PERMIT BY THE MARYLAND DEPARTMENT
OF THE ENVIRONMENT .
(III) “COMMUNITY SOLAR ENERG Y GENERATING SYSTEM ” HAS
THE MEANING STATED I N § 7–306.2 OF THE PUBLIC UTILITIES ARTICLE. Ch. 38 2022 LAWS OF MARYLAND
– 90 –
(IV) “ELECTRIC COMPANY ” HAS THE MEANING STAT ED IN §
1–101 OF THE PUBLIC UTILITIES ARTICLE.
(2) FOR ANY TAXABLE YEAR BEGINNING AFTER JUNE 30, 2022,
PERSONAL PERSONAL PERSONAL PROPERTY IS EXEMPT F ROM COUNTY OR
MUNICIPAL CORPORATIO N PROPERTY TAX IF TH E PROPERTY IS MACHIN ERY OR
EQUIPMENT THAT :
(1) (I) AS DEFINED IN REGULATION OF THE PUBLIC SERVICE
COMMISSION, IS PART OF A COMMUNI TY SOLAR ENERGY GENE RATING SYSTEM
THAT:
1. HAS A GENERATING CAP ACITY THAT DOES NOT
EXCEED 2 MEGAWATTS AS MEASURE D BY THE ALTERNATING CURRENT RATING OF
THE SYSTEM’S INVERTER; AND
2. PROVIDES AT LEAST 50% OF THE ENERGY IT
PRODUCES TO LOW – OR MODERATE –INCOME CUSTOMERS AT A COST THAT IS AT
LEAST 20% LESS THAN THE AMOUNT CHARGED BY THE ELECT RIC COMPANY THAT
SERVES THE AREA WHER E THE COMMUNITY SOLA R ENERGY GENERATING SYSTEM IS
LOCATED; AND
(II) IS INSTALLED ON ROOFTOPS, PARKING LOTS , ROADWAYS,
OR BROWNFIELDS SITES ; AND A ROOFTOP , PARKING FACILITY CAN OPY, OR
BROWNFIELD .
(2) IS PART OF A COMMUNI TY SOLAR ENERGY GENE RATING SYSTEM ,
AS DEFINED IN § 7–306.2 OF THE PUBLIC UTILITIES ARTICLE, THAT SERVES MORE
THAN 51% OF KILOWATT –HOUR OUTPUT TO LOW – OR MODERATE –INCOME
CUSTOMERS , AS DEFINED IN REGULA TIONS OF THE PUBLIC SERVICE COMMISSION.
(3) PERSONAL PROPERTY THA T RECEIVES AN EXEMPT ION UNDER
THIS SUBSECTION IS E XEMPT FROM COUNTY OR MUNICIPAL CORPORATION
PROPERTY TAX FOR EAC H TAXABLE YEAR IN WH ICH THE PROPERTY CON TINUES TO
MEET THE REQUIREMENT S FOR THE EXEMPTION UNDER PARAGRAPH (2) OF THIS
SUBSECTION.
(4) THE SUPERVISOR OF A C OUNTY OR A MUNICIPAL CORPORATION
MAY NOT ACCEPT AN AP PLICATION FROM A PROPERTY OW NER FOR THE EXEMPTIO N
UNDER THIS SUBSECTIO N AFTER DECEMBER 31, 2024.
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 91 –
(5) ON OR BEFORE OCTOBER 1 EACH YEAR, THE DEPARTMENT SHALL
REPORT TO THE SENATE BUDGET AND TAXATION COMMITTEE AND THE HOUSE
WAYS AND MEANS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, ON THE NUMBER AND LO CATION OF PROJECTS T HAT, IN
THE IMMEDIATELY PREC EDING TAXABLE YEAR , HAVE RECEIVED THE EX EMPTION
UNDER THIS SUBSECTIO N.
(D) IN ADDITION TO THE EX EMPTION PROVIDED UND ER SUBSECTION (C) OF
THIS SECTION, THE GOVERNING BODY O F A COUNTY OR MUNICI PAL CORPORATION
MAY EXEMPT , BY LAW, ANY OTHER MACHINERY OR EQUIPMENT THAT IS PART OF A
SOLAR ENERGY GENERAT ING SYSTEM, WIND ENERGY SYSTEM , OR GEOTHERMAL
ENERGY SYSTEM FROM T HE COUNTY OR MUNICIP AL CORPORATION PROPE RTY TAX.
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Environment
2–1602.
(A) THE DEPARTMENT SHALL DEVE LOP BUILDING EMISSIONS ENERGY
PERFORMANCE STANDARDS FOR COVERED BUILDING S THAT ACHIEVE :
(1) FOR COVERED BUILDINGS OWNED BY THE STATE:
(I) (1) A 50% 20% REDUCTION IN NET DIRECT GREENHOUSE
GAS EMISSIONS ON OR BEFORE JANUARY 1, 2030, AS COMPARED WITH 2025 LEVELS
FOR AVERAGE BUILDINGS OF SIMILAR CONSTRUCTION ; AND
(II) (2) NET–ZERO DIRECT GREENHOUSE GAS EMISS IONS ON
OR BEFORE JANUARY 1, 2035; AND 2040.
(2) FOR COVERED BUILDINGS NOT OWNED BY THE STATE:
(I) A 20% REDUCTION IN NET GRE ENHOUSE GAS EMISSION S ON
OR BEFORE JANUARY 1, 2030;
(II) A 40% REDUCTION OF AT LEAST 30% IN NET DIRECT
GREENHOUSE GAS EMISS IONS ON OR BEFORE JANUARY 1, 2035, AS COMPARED WITH
2025 LEVELS FOR AVERAGE B UILDINGS OF SIMILAR CONSTRUCTION ; AND
(III) (II) NET–ZERO DIRECT GREENHOUSE GAS EMISSIONS ON
OR BEFORE JANUARY 1, 2040.
Ch. 38 2022 LAWS OF MARYLAND
– 92 –
(B) TO FACILITATE THE DEV ELOPMENT OF BUILDING EMISSIONS ENERGY
PERFORMANCE STANDARDS UNDER THIS SECTION, THE DEPARTMENT SHALL
REQUIRE THE OWNERS O F COVERED BUILDINGS AND SCHOOLS TO MEASURE AND
REPORT DIRECT EMISSIONS USE THE ENERGY STAR PORTFOLIO MANAGER OR
ANOTHER BENCHMARKING TOOL DESIGNATED BY T HE DEPARTMENT TO COLLECT
AND REPORT BENCHMARK ING DATA TO THE DEPARTMENT ANNUALLY B EGINNING
IN 2025.
(C) (1) THE ON OR BEFORE JUNE 1, 2023, THE DEPARTMENT SHALL
ADOPT REGULATIONS TO IMPLEMENT THIS SECTI ON.
(2) REGULATIONS ADOPTED U NDER THIS SECTION SH ALL:
(I) SUBJECT TO ITEMS (II) AND (III) OF THIS PARAGRAPH ,
INCLUDE ENERGY USE I NTENSITY TARGETS BY BUILDING TYPE;
(II) AS NECESSARY , INCLUDE SPECIAL PROVISIO NS OR
EXCEPTIONS TO ACCOUN T FOR:
1. BUILDING AGE;
2. REGIONAL DIFFERENCES ;
3. THE UNIQUE NEEDS OF P ARTICULAR BUILDING O R
OCCUPANCY TYPES , INCLUDING HEALTH CAR E FACILITIES AND LABORATORIES ,
LABORATORIES , ASSISTED LIVING AND NURSING FACILITI ES, MILITARY BUILDINGS ,
CRITICAL INFRASTRUCT URE, AND BUILDINGS USED I N LIFE SCIENCES AS D EFINED
IN § 3–201 OF THE ECONOMIC DEVELOPMENT ARTICLE; AND
4. THE USE OF DISTRICT E NERGY SYSTEMS AND
BIOFUELS BY COVERED BUILDINGS ;
(III) ACCOUNT FOR CONSIDER THE NEEDS OF THE OWN ERS OF
COVERED BUILDINGS WH O:
1. ARE NOT RESPONSIBLE F OR THE DESIGN ,
MODIFICATION , FIXTURES, OR EQUIPMENT OF COMM ERCIAL TENANTS ;
2. DO NOT HAVE ACCESS TO OR CONTROL OVER
BUILDING ENERGY SYST EMS THAT ARE U SED OR CONTROLLED BY COMMERCIAL
TENANTS; OR
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 93 –
3. OWN BUILDINGS OCCUPIE D BY COMMERCIAL
TENANTS WHO ARE RESP ONSIBLE FOR ALL MAIN TENANCE OF AND REPAI RS TO THE
BUILDINGS;
(I) (IV) PROVIDE MAXIMUM FLEXI BILITY TO THE OWNERS OF
COVERED BUILDINGS TO COMPLY WITH BUILDING EMISSIONS ENERGY
PERFORMANCE STANDARDS;
(II) (V) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION ,
INCLUDE AN ALTERNATI VE COMPLIANCE PATHWA Y ALLOWING THE OWNER OF A
COVERED BUILDING TO PAY A FEE FOR BUILDING EMISSIONS T HAT EXCEED THE
BUILDING EMISSIONS S TANDARDS GREENHOUSE GAS EMISS IONS ATTRIBUTABLE TO
THE BUILDING’S FAILURE TO MEET ENERGY USE INTENSITY DIRECT GREENHOUSE
GAS EMISSIONS REDUCT ION TARGETS SET BY THE DEPARTMENT ; AND
(III) (VI) TO THE EXTENT AUTHORI ZED BY LAW , INCLUDE
FINANCIAL INCENTIVES RECOMMENDED BY THE BUILDING ENERGY TRANSITION
IMPLEMENTATION TASK FORCE.
(3) THE DEPARTMENT MAY NOT SE T AN ALTERNATIVE COM PLIANCE
FEE THAT IS LESS THA N THE SOCIAL COST OF GREENHOU SE GASES ADOPTED BY THE
DEPARTMENT OR THE U.S. ENVIRONMENTAL PROTECTION AGENCY.
(D) ELECTRIC COMPANIES AN D GAS COMPANIES SHAL L PROVIDE ENERGY
DATA, INCLUDING WHOLE –BUILDING AND AGGREGA TE DATA, TO THE OWNERS OF
COVERED BUILDINGS FO R BENCHMARKING PURPOSE S.
(E) IN CALCULATING THE ST ATEWIDE STANDARDS DE VELOPED BY THE
DEPARTMENT UNDER THIS SECTION, AN OWNER OF A COVERE D BUILDING MAY NOT
CONSIDER GREENHOUSE GAS EMISSIONS OR ENE RGY USE BY A COMMERC IAL TENANT
OF THE COVERED BUILD ING THAT:
(1) IS A FOOD SERVICE FAC ILITY AS DEFINED IN COMAR 10.15.03.02;
AND
(2) ENGAGES IN COMMERCIAL COOKING AND WATER HE ATING.
(E) (1) A COUNTY MAY DEVELOP A ND ADOPT LOCAL BUILD ING ENERGY
PERFORMANCE STANDARD S THAT ARE AT LEAST AS STRINGENT AS THE STANDARDS
DEVELOPED BY THE DEPARTMENT , IF THE COUNTY ’S STANDARDS ARE APPR OVED
BY THE DEPARTMENT .
Ch. 38 2022 LAWS OF MARYLAND
– 94 –
(2) COVERED BUILDINGS LOC ATED IN A COUNTY THA T ADOPTS
LOCAL BUILDING ENERG Y PERFORMANCE STANDA RDS IN ACCORDANCE WI TH THIS
SUBSECTION SHALL BE EXEMPT FROM TH E STATEWIDE STANDARD S DEVELOPED BY
THE DEPARTMENT .
SECTION 6. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Environment
2–1602.
(A) THE DEPARTMENT SHALL DEVE LOP BUILDING EMISSIONS ENERGY
PERFORMANCE STANDARDS FOR COVERED BUILDINGS THAT ACHIEVE :
(1) FOR COVERED BUILDINGS OWNED BY THE STATE:
(I) A 50% A 20% REDUCTION IN NET DIRECT GREENHOUSE GAS
EMISSIONS ON OR BEFO RE JANUARY 1, 2030, AS COMPARED WITH 2025 LEVELS FOR
AVERAGE BUILDINGS OF SIMILAR CONSTRUCTION ; AND
(II) NET–ZERO DIRECT GREENHOUSE GAS EMISS IONS ON OR
BEFORE JANUARY 1, 2035; AND
(2) FOR COVERED BUILDINGS NOT OWNED BY THE STATE:
(I) A 20% REDUCTION IN NET GRE ENHOUSE GAS EMISSION S ON
OR BEFORE JANUARY 1, 2030; AND
(II) A 40%, A REDUCTION OF AT LEAST 30% IN NET DIRECT
GREENHOUSE GAS EMISSIONS ON OR BEFO RE JANUARY 1, 2035, AS COMPARED WITH
2025 LEVELS FOR AVERAGE B UILDINGS OF SIMILAR CONSTRUCTION .
(B) TO FACILITATE THE DEV ELOPMENT OF BUILDING EMISSIONS ENERGY
PERFORMANCE STANDARDS UNDER THIS SECTION, THE DEPARTMENT SHALL
REQUIRE THE OWNERS O F COVERED BUILDINGS AND SCHOOLS TO MEASURE AND
REPORT DIRECT EMISSI ONS DATA TO THE DEPARTMENT ANNUALLY B EGINNING IN
2025.
(C) (1) THE ON OR BEFORE JUNE 1, 2023, THE DEPARTMENT SHALL
ADOPT REGULATIONS TO IMPLEMENT THIS SECTI ON.
(2) REGULATIONS ADOPTED U NDER THIS SECTION SH ALL:
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 95 –
(I) SUBJECT TO ITEMS (II) AND (III) OF THIS PARAGRAPH ,
INCLUDE ENERGY USE I NTENSITY TARGETS BY BUILDING TYPE;
(II) AS NECESSARY , INCLUDE SPECIAL PROV ISIONS OR
EXCEPTIONS TO ACCOUN T FOR:
1. BUILDING AGE;
2. REGIONAL DIFFERENCES ;
3. THE UNIQUE NEEDS OF P ARTICULAR BUILDING O R
OCCUPANCY TYPES , INCLUDING HEALTH CAR E FACILITIES AND LABORATORIES ,
LABORATORIES , ASSISTED LIVING AND NURSING FACILITIES , MILITARY BUILDINGS ,
CRITICAL INFRASTRUCT URE, AND BUILDINGS USED I N LIFE SCIENCES AS D EFINED
IN § 3–201 OF THE ECONOMIC DEVELOPMENT ARTICLE; AND
4. THE USE OF DISTRICT E NERGY SYSTEMS AND
BIOFUELS BY COVERED BUILDINGS ;
(III) ACCOUNT FOR CONSIDER THE NEEDS OF THE OWN ERS OF
COVERED BUILDINGS WH O:
1. ARE NOT RESPONSIBLE F OR THE DESIGN ,
MODIFICATION , FIXTURES, OR EQUIPMENT OF COMM ERCIAL TENANTS ;
2. DO NOT HAVE ACCESS TO OR CONTROL OVER
BUILDING ENERGY SYSTEM S THAT ARE USED OR C ONTROLLED BY COMMERC IAL
TENANTS; OR
3. OWN BUILDINGS OCCUPIE D BY COMMERCIAL
TENANTS WHO ARE RESP ONSIBLE FOR ALL MAIN TENANCE OF AND REPAI RS TO THE
BUILDINGS;
(I) (IV) PROVIDE MAXIMUM FLEXI BILITY TO THE OWNERS OF
COVERED BUILDINGS TO COMPLY WITH BUILDING EMISSIONS ENERGY
PERFORMANCE STANDARDS;
(II) (V) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION ,
INCLUDE AN ALTERNATI VE COMPLIANCE PATHWA Y ALLOWING THE OWNER OF A
COVERED BUILDING TO PAY A FEE FOR BUILDING EMISSIONS T HAT EXCEED THE
BUILDING EMISSIONS S TANDARDS GREENHOUSE GAS EMISS IONS ATTRIBUTABLE TO
THE BUILDING’S FAILURE TO MEET ENERGY USE INTENSITY DIRECT GREENHOUSE
GAS EMISSIONS REDUCT ION TARGETS; AND
Ch. 38 2022 LAWS OF MARYLAND
– 96 –
(III) (VI) TO THE EXTENT AUTHORI ZED BY LAW , INCLUDE
FINANCIAL INCENTIVES RECOMMENDED BY THE BUILDING ENERGY TRANSITION
IMPLEMENTATION TASK FORCE.
(3) THE DEPARTMENT MAY NOT SE T AN ALTERNATIVE COM PLIANCE
FEE THAT IS LESS THA N THE SOCIAL COST OF GREENHOUSE GASES A DOPTED BY THE
DEPARTMENT OR THE U.S. ENVIRONMENTAL PROTECTION AGENCY.
(D) ELECTRIC COMPANIES AN D GAS COMPANIES SHAL L PROVIDE ENERGY
DATA, INCLUDING WHOLE –BUILDING AND AGGREGA TE DATA, TO THE OWNERS OF
COVERED BUILDINGS FO R BENCHMARKING PURPO SES.
(E) IN CALCULATING THE ST ATEWIDE STANDARDS DE VELOPED BY THE
DEPARTMENT UNDER THIS SECTION, AN OWNER OF A COVERE D BUILDING MAY NOT
CONSIDER GREENHOUSE GAS EMISSIONS OR ENE RGY USE BY A COMMERC IAL TENANT
OF THE COVERED BUILD ING THAT:
(1) IS A FOOD SERVICE FAC ILITY AS DEFINED IN COMAR 10.15.03.02;
AND
(2) ENGAGES IN COMMERCIAL COOKING AND WATER HE ATING.
(E) (1) A COUNTY MAY DEVELOP A ND ADOPT LOCAL BUILD ING ENERGY
PERFORMANCE STANDARD S THAT ARE AT LEAST AS STRINGENT AS THE STANDARDS
DEVELOPED BY THE DEPARTME NT, IF THE COUNTY ’S STANDARDS ARE APPR OVED
BY THE DEPARTMENT .
(2) COVERED BUILDINGS LOC ATED IN A COUNTY THA T ADOPTS
LOCAL BUILDING ENERG Y PERFORMANCE STANDA RDS IN ACCORDANCE WI TH THIS
SUBSECTION SHALL BE EXEMPT FROM THE STAT EWIDE STANDARDS DEVE LOPED BY
THE DEPARTMENT .
SECTION 7. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Environment
2–1603.
(A) THERE IS A BUILDING ENERGY TRANSITION IMPLEMENTATION TASK
FORCE.
(B) THE TASK FORCE CONSISTS OF THE FOLLOWING MEMBER S:
LAWRENCE J. HOGAN, JR., Governor Ch. 38
– 97 –
(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
(2) THE SECRETARY OF HOUSING AND COMMUNITY DEVELOPMENT ,
OR THE SECRETARY’S DESIGNEE;
(3) THE SECRETARY OF GENERAL SERVICES, OR THE SECRETARY’S
DESIGNEE;
(4) THE DIRECTOR OF THE MARYLAND ENERGY ADMINISTRATION ,
OR THE DIRECTOR’S DESIGNEE;
(5) THE CHAIR OF THE PUBLIC SERVICE COMMISSION, OR THE
CHAIR’S DESIGNEE;
(6) THE PEOPLE’S COUNSEL, OR THE PEOPLE’S COUNSEL’S
DESIGNEE;
(7) THE EXECUTIVE DIRECTOR OF THE MARYLAND CLEAN ENERGY
CENTER, OR THE EXECUTIVE DIRECTOR’S DESIGNEE;
(8) THE CHAIR OF THE MARYLAND GREEN BUILDING COUNCIL, OR
THE CHAIR’S DESIGNEE;
(9) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
SPEAKER OF THE HOUSE;
(10) ONE MEMBER OF THE SENATE, APPOINTED BY THE PRESIDENT
OF THE SENATE; AND
(11) THE FOLLOWING MEMBERS , APPOINTED BY THE GOVERNOR:
(I) ONE REPRESENTATIVE FR OM A NONPROFIT OR
PROFESSIONAL ORGANIZ ATION THAT ADVOCATES FOR ENERGY –EFFICIENT
BUILDINGS OR A LOW –CARBON–BUILT ENVIRONMENT ;
(II) ONE REPRESENTATIVE FR OM A BUSINESS THAT P ROVIDES
ENERGY EFFICIENCY OR RENEWABLE ENERGY SER VICES TO LARGE BUILD INGS OR
AFFORDABLE HOUSING I N MARYLAND;
(III) ONE REPRESENTATIVE WH O IS AN ARCHITECT WITH
EXPERIENCE PLANNING MODIFICATIONS TO EXI STING BUILDINGS TO A CHIEVE
GREENHOUSE GAS EMISS IONS REDUCTIONS ;
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(IV) ONE REPRESENTATIVE WH O IS A MECHANICAL ,
ELECTRICAL, OR PLUMBING ENGINEER OR COMMISSIONING AGE NT WITH
EXPERIENCE IN MODIFY ING OR REPLACING SYSTEMS IN ORDER TO ACHIEVE
GREENHOUSE GAS EMISS IONS REDUCTIONS ;
(V) ONE REPRESENTATIVE OF THE APARTMENT AND OFFICE
BUILDING ASSOCIATION MULTIFAMILY HOUSING INDUSTRY;
(VI) ONE REPRESENTATIVE WH O IS AN AFFORDABLE H OUSING
DEVELOPER ;
(VII) ONE REPRESENTATIVE WHO I S A FACILITIES OR PR OPERTY
MANAGER FOR AN APART MENT BUILDING ;
(VIII) ONE REPRESENTATIVE WH O IS A FACILITIES OR PROPERTY
MANAGER FOR A COMMER CIAL BUILDING;
(IX) ONE REPRESENTATIVE OF A FINANCIAL INSTITUT ION; AND
(X) ONE REPRESENTATIVE OF A PRIVA TE EQUITY FIRM; AND
(XI) ONE REPRESENTATIVE OF THE DISTRICT ENERGY
INDUSTRY;
(XII) ONE REPRESENTATIVE OF A STATEWIDE COMMERCI AL OR
INDUSTRIAL BUILDING ASSOCIATION; AND
(XIII) ONE REPRESENTATIVE OF ORGANIZED LABOR WHO
REPRESENTS THE BUILD ING TRADES; AND
(XIV) ONE REPRESENTATIVE WH O IS A TENANT OF AN APARTMENT
BUILDING OR AN ADVOC ATE FOR THE RIGHTS O F TENANTS OF APARTME NT
BUILDINGS; AND
(12) THE FOLLOWING MEMBERS , SELECTED BY THE PUBLIC SERVICE
COMMISSION:
(I) ONE REPRESENTATIVE OF A MUNICIPAL ELECTRIC UTILITY;
AND
(II) ONE REPRESENTATIVE OF AN INVESTOR–OWNED UTILITY .
(C) THE SECRETARY SHALL DESIG NATE THE CHAIR OF TH E TASK FORCE.
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(D) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE TASK FORCE.
(E) A MEMBER OF THE TASK FORCE:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE TASK
FORCE; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
(F) (1) THE TASK FORCE SHALL:
(I) STUDY AND MAKE RECOMM ENDATIONS REGARDING THE
DEVELOPMENT OF COMPL EMENTARY PROGRAMS , POLICIES, AND INCENTIVES
AIMED AT REDUCING GR EENHOUSE GAS EMISSIO NS FROM THE BUILDING SECTOR IN
ACCORDANCE WITH THIS SUBTITLE; AND
(II) MAKE RECOMMENDATIONS ON TARGETI NG INCENTIVES TO
ELECTRIFICATION PROJ ECTS THAT WOULD NOT OTHERWISE RESULT IN STRONG
RETURNS ON INVESTMEN T FOR BUILDING OWNER S; AND
(III) DEVELOP A PLAN FOR FU NDING THE RETROFIT O F
COVERED BUILDINGS TO COMPLY WITH BUILDING EMISSIONS STANDARDS .
(2) THE PLAN DEVELOPED UN DER THIS SUBSECTION MAY INCLUDE
RECOMMENDATIONS RELA TED TO:
(I) THE CREATION OF COMME RCIAL TAX CREDITS OR DIRECT
SUBSIDY PAYMENTS FOR BUILDING DECARBONIZA TION PROJECTS ;
(II) THE CREATION OF FINAN CIAL INCENTIVES THRO UGH
EMPOWER EMPOWER MARYLAND AND OTHER STATE PROGRAMS TO SUP PORT ALL
ASPECTS OF THE TRANS ITION TO ELECTRIFIED BUILDINGS;
(III) THE ESTABLISHMENT OF LOW–INCOME HOUSEHOLD
HOLISTIC RETROFIT TA RGETS AND HEAT PUMP SALES TARGETS ; AND
(IV) THE USE OF OPTIONS SU CH AS ON–BILL, LOW–INTEREST
FINANCING TO SPREAD OUT THE UP –FRONT COSTS ASSOCIAT ED WITH
ELECTRIFICATION RETR OFIT UPGRADES .
(G) ON OR BEFORE DECEMBER 1, 2023, THE TASK FORCE SHALL REPORT
ITS PLAN TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. Ch. 38 2022 LAWS OF MARYLAND
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SECTION 8. AND BE IT FURTHER ENACTED, That:
(a) A Position Identification Number (PIN) shall be created in the Maryland
Energy Administration for the Coordinator of the Climate Transition and Clean Energy
Hub.
(b) It is the intent of the General Assembly that, with the exception of the new
Coordinator position and associated salary, the Maryland Energy Administration shall
handle the responsibilities of the Climate Transition and Clean Energy Hub with existing
resources.
SECTION 9. AND BE IT FURTHER ENACTED, That:
(a) Subject to subsection (b) of this section, it is the intent of the General Assembly
that the Public Service Commission continue with the submission of plans and making the
determinations required under Sections 2 and 3 of Chapters 14 and 780 of the Acts of the
General Assembly of 2017.
(b) The determination of the advisability of maintaining the methodology and
magnitude of the savings trajectory established in § 7–211(g)(2) of the Public Utilities
Article shall:
(1) take into account the changes made in § 7–211(g)(2) of the Public
Utilities Article, as enacted by Section 4 of this Act; and
(2) require that the core objective of the alteration to percentages for 2025
and later years under § 7–211 of the Public Utilities Article, as enacted by Section 4 of this
Act, change from electricity reduction to a portfolio of mutually reinforcing goals, including
greenhouse gas emissions reduction, energy savings, net customer benefits, and reaching
underserved customers.
SECTION 10. AND BE IT FURTHER ENACTED, That:
(a) In alignment with the Commission on Climate Change’s recommendation to
transition to an all–electric building code in the State:
(1) the General Assembly supports moving toward broader electrification
of both existing buildings and new construction as a component of decarbonization; and
(2) it is the intent of the General Assembly that the State move toward
broader electrification of both existing buildings and new construction on completion of the
study required under subsection (b) of this section.
(b) (1) The Building Codes Administration shall:
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(i) develop recommendations for an all–electric building code and
building energy performance standards for the State, including appropriate exemptions for
particular industries, including life sciences, as defined in § 3–201 of the Economic
Development Article, local conditions, and sectors deemed critical infrastructure vital to the
interest of national security as identified by the U.S. Department of Homeland Security’s
Cybersecurity and Infrastructure Security Agency;
(ii) develop recommendations for the fastest and most cost–efficient
methods for decarbonizing buildings and other sectors in the State;
(iii) assess the availability of technology and equipment that will be
needed to construct all–electric buildings in the State;
(iv) assess the impact of building electrification on workforce
shortages;
(v) develop recommendations regarding efficient cost–effectiveness
measures for the electrification of new and existing buildings; and
(vi) on or before January 1, 2023, report to the Public Service
Commission on the projected annual and peak summer and winter gas and electric loading
impacts of electrification, categorized by building type and size, in sufficient detail for gas
and electric public service companies to develop the plans required under subsection
(c)(1)(i) of this section; and
(vii) consider recommendations for the inclusion of renewable,
low–carbon biofuels, including biodiesel, during the State’s transition to an all–electric
building code including an analysis of the impact on electric and gas rates, market
availability, and environmental impact.
(2) The Building Codes Administration may work with consultants and
experts to complete the study required under paragraph (1) of this subsection.
(3) (i) On or before January 1, 2023, the Building Codes Administration
shall make an interim report of its findings to the Legislative Policy Committee in
accordance with § 2–1257 of the State Government Article.
(ii) On or before September December 1, 2023, the Building Codes
Administration shall make a final report of its findings and recommendations to the
Legislative Policy Committee in accordance with § 2–1257 of the State Government Article.
(c) (1) The Public Service Commission shall:
(i) require gas and electric public service companies in the State to
develop infrastructure plans to determine the investments necessary to accommodate the Ch. 38 2022 LAWS OF MARYLAND
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additional load of building electrification and the decommissioning of stranded gas
facilities; and
(ii) determine whether the electric grid throughout the State is
capable of accommodating the additional load of building electrification considering the
infrastructure plans prepared under subparagraph (i) of this paragraph.
(2) (i) The Public Service Commission may work with consultants and
experts to complete the study required under paragraph (1) of this subsection.
(ii) Gas and electric public service companies shall provide
information to the Commission and its consultants and experts, as necessary, to complete
the study required under paragraph (1) of this subsection.
(3) (i) On or before January 1, 2023, the Public Service Commission
shall make an interim report of its findings to the Legislative Policy Committee in
accordance with § 2–1257 of the State Government Article.
(ii) On or before September December 1, 2023, the Public Service
Commission shall make a final report of its findings and recommendations to the
Legislative Policy Committee in accordance with § 2–1257 of the State Government Article.
(c) (1) The Public Service Commission shall complete a general system
planning study, for gas and electric companies with total gross annual revenues equal to or
greater than 3% of the total gross annual revenues of all public service companies in the
State, assessing the capacity of each company’s gas and electric distribution systems to
successfully serve customers under a managed transition to a highly electrified building
sector.
(2) The study required under paragraph (1) of this subsection shall:
(i) use a projection of average growth in system peak demand
between 2021 and 2031 to assess the overall impact on each gas and electric distribution
system;
(ii) compare future electric distribution system peak and energy
demand load growth to historic rates;
(iii) consider the impacts of energy efficiency and conservation and
electric load flexibility;
(iv) consider the capacity of the existing distribution systems and
projected electric distribution system improvements and expansions to serve existing electric
loads and projected electric load growth; and
LAWRENCE J. HOGAN, JR., Governor Ch. 38
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(v) assess the effects of shifts in seasonal system gas and electric
loads.
(3) (i) The Public Service Commission may work with consultants and
experts to complete the study required under paragraph (1) of this subsection.
(ii) Gas and electric public service companies shall provide
information to the Commission and its consultants and experts, as necessary, to complete
the study required under paragraph (1) of this subsection.
(iii) The Commission may coordinate the preparation of the study
under this subsection with that required for the annual report under § 7–802 of the Public
Utilities Article, as enacted by Section 4 of this Act, and the interim reports required under
Section 14 of this Act.
(4) On or before June September 30, 2023, the Public Service Commission
shall report its findings to the Legislative Policy Committee, in accordance with § 2–1257 of
the State Government Article.
SECTION 11. AND BE IT FURTHER ENACTED, That, on or before October 1, 2023,
the Department of the Environment, in conjunction with the Department of General
Services and the Department of Natural Resources, shall report to the General Assembly,
in accordance with § 2–1257 of the State Government Article, on State properties that are
suitable for use as organics recycling facilities in a manner that is consistent with
Programmatic Recommendation 9 in the Final Report of the Yard Waste, Food Residuals,
and Other Organic Materials Diversion and Infrastructure Study Group issued in July
2019, as required by Chapters 383 and 384 of the Acts of the General Assembly of 2017.
SECTION 12. AND BE IT FURTHER ENACTED, That, with respect to the electric
school bus pilot program under § 7–217 of the Public Utilities Article, as enacted by Section
4 of this Act:
(1) the General Assembly encourages program applicants to seek any federal
funds that may be available to the applicants, including funds available under the federal
Infrastructure and Investment Jobs Act; and
(2) where feasible, the General Assembly encourages pilot program
applicants to produce or procure electricity generated by renewable resources to power
electric school bus charging infrastructure.
SECTION 13. AND BE IT FURTHER ENACTED, That:
(a) The Maryland Green Building Council shall examine:
(1) the use of environmental product declarations to measure the climate
impact of concrete procured by the State; Ch. 38 2022 LAWS OF MARYLAND
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(2) the use of performance incentives to encourage adoption of low–carbon
materials and methods by concrete manufacturers that provide concrete for State–funded
projects;
(3) the establishment of an expedited product evaluation, testing, and
approval protocol for low–carbon concrete products;
(4) the implementation of performance–based specification standards for
concrete, including requirements that a structural material achieve specified
performance–based outcomes from the use of structural material, including outcomes related
to strength, durability, permeability or other attributes related to the function of building
material for applied uses; and
(5) the use of methods of compliance, including maximum cement content
specifications and specifications based on maximum potential for global warming.
(b) In examining the items under subsection (a) of this section, the Maryland Green
Building Council shall consult with:
(1) any relevant associations that set industry standards for the
procurement of low–carbon concrete; and
(2) affected contractors and subcontractors to consider both environmental
and health and safety impacts.
(c) On or before December 1, 2022, the Maryland Green Building Council shall
report its findings and recommendations to the Governor and, in accordance with § 2–1257
of the State Government Article, the General Assembly.
SECTION 14. AND BE IT FURTHER ENACTED, That, on or before December 31,
2022, and December 31, 2023, the Public Service Commission shall provide interim reports
on the status of matters required to be reported under § 7–802 of the Public Utilities Article,
as enacted by Section 4 of this Act, to the House Economic Matters Committee and the Senate
Finance Committee, in accordance with § 2–1257 of the State Government Article.
SECTION 10. 12. 15. AND BE IT FURTHER ENACTED, That § 7–237(c) of the Tax
– Property Article, as enacted under Section 4 of this Act, shall be applicable to all taxable
years beginning after June 30, 2022.
SECTION 16. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall
take effect June 1, 2022. It shall remain effective for a period of 4 8 years and 1 month and,
at the end of June 30, 2026 2030, Section 3 of this Act, with no further action required by
the General Assembly, shall be abrogated and of no further force and effect.
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SECTION 11. 13. 17. AND BE IT FURTHER ENACTED, That Section 5 of this Act
shall take effect June 1, 2022. It shall remain effective for a period of 7 years and 7 months
and, at the end of December 31, 2029, Section 5 of this Act shall be abrogated and of no
further force and effect.
SECTION 12. 14. 18. AND BE IT FURTHER ENACTED, That Section 6 of this Act
shall take effect upon the taking effect of the termination provision specified in Section 11
13 17 of this Act.
SECTION 13. 15. 19. AND BE IT FURTHER ENACTED, That Section 7 of this Act
shall take effect June 1, 2022. It shall remain effective for a period of 2 years and 1 month
and, at the end of June 30, 2024, Section 7 of this Act, with no further action required by
the General Assembly, shall be abrogated and of no further force and effect.
SECTION 14. 16. 20. AND BE IT FURTHER ENACTED, That, except as provided
in Sections 10 12 16 through 13 15 19 of this Act, this Act shall take effect June 1, 2022.
Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.