Maryland 2022 Regular Session

Maryland Senate Bill SB770 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0770*
96
107 SENATE BILL 770
118 C5 2lr1584
12- CF HB 1271
9+ CF 2lr3218
1310 By: Senator Ferguson
1411 Introduced and read first time: February 7, 2022
1512 Assigned to: Finance
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: March 4, 2022
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
24-Public Utilities Department of Housing and Community Development – 2
25-Homeowner Utility Repair Program and Fund – Establishment 3
18+Public Utilities – Homeowner Utility Repair Fund – Establishment 2
2619
27-FOR the purpose of establishing the Homeowner Utility Repair Program in the Department 4
28-of Housing and Community Development to reimburse and provide grants to eligible 5
29-customers for costs associated with eligible repairs; establishing the Homeowner 6
30-Utility Repair Fund as a special, nonlapsing fund to offset the costs a low– to 7
31-middle–income residential reimburse and provide grants to eligible customer may 8
32-incur customers for costs associated with a utility company’s routine maintenance, 9
33-repairs, or upgrades eligible repairs; requiring interest earnings of the Fund to be 10
34-credited to the Fund; and generally relating to the Homeowner Utility Repair 11
35-Program and Fund. 12
20+FOR the purpose of establishing the Homeowner Utility Repair Fund as a special, 3
21+nonlapsing fund to offset the costs a low– to middle–income residential customer 4
22+may incur for costs associated with a utility company’s routine maintenance, repairs, 5
23+or upgrades; requiring interest earnings of the Fund to be credited to the Fund; and 6
24+generally relating to the Homeowner Utility Repair Fund. 7
3625
37-BY adding to 13
38- Article – Public Utilities 14
39-Section 7–315 15
26+BY adding to 8
27+ Article – Public Utilities 9
28+Section 7–315 10
29+ Annotated Code of Maryland 11
30+ (2020 Replacement Volume and 2021 Supplement) 12
31+
32+BY repealing and reenacting, without amendments, 13
33+ Article – State Finance and Procurement 14
34+Section 6–226(a)(2)(i) 15
4035 Annotated Code of Maryland 16
41- (2020 Replacement Volume and 2021 Supplement) 17
36+ (2021 Replacement Volume) 17
4237
43-BY adding to 18
44- Article – Housing and Community Development 19
45-Section 4–2901 through 4–2904 to be under the new subtitle “Subtitle 29. 20
46-Homeowner Utility Repair Program” 21
47- Annotated Code of Maryland 22
48- (2019 Replacement Volume and 2021 Supplement) 23 2 SENATE BILL 770
38+BY repealing and reenacting, with amendments, 18
39+ Article – State Finance and Procurement 19
40+Section 6–226(a)(2)(ii)144. and 145. 20
41+ Annotated Code of Maryland 21
42+ (2021 Replacement Volume) 22
43+
44+BY adding to 23
45+ Article – State Finance and Procurement 24
46+Section 6–226(a)(2)(ii)146. 25
47+ Annotated Code of Maryland 26
48+ (2021 Replacement Volume) 27 2 SENATE BILL 770
4949
5050
5151
52-BY repealing and reenacting, without amendments, 1
53- Article – State Finance and Procurement 2
54-Section 6–226(a)(2)(i) 3
55- Annotated Code of Maryland 4
56- (2021 Replacement Volume) 5
52+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53+That the Laws of Maryland read as follows: 2
5754
58-BY repealing and reenacting, with amendments, 6
59- Article – State Finance and Procurement 7
60-Section 6–226(a)(2)(ii)144. and 145. 8
61- Annotated Code of Maryland 9
62- (2021 Replacement Volume) 10
55+Article – Public Utilities 3
6356
64-BY adding to 11
65- Article – State Finance and Procurement 12
66-Section 6–226(a)(2)(ii)146. 13
67- Annotated Code of Maryland 14
68- (2021 Replacement Volume) 15
57+7–315. 4
6958
70- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
71-That the Laws of Maryland read as follows: 17
59+ (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 5
60+INDICATED. 6
7261
73-Article – Public Utilities Article – Housing and Community Development 18
62+ (2) “FUND” MEANS THE HOMEOWNER UTILITY REPAIR FUND. 7
7463
75-SUBTITLE 29. HOMEOWNER UTILITY REPAIR PROGRAM. 19
64+ (3) “UTILITY COMPANY ” MEANS AN ELECTRIC CO MPANY, A GAS 8
65+COMPANY, OR A GAS AND ELECTRI C COMPANY. 9
7666
77-7–315. 4–2901. 20
67+ (B) THERE IS A HOMEOWNER UTILITY REPAIR FUND. 10
7868
79- (A) (1) IN THIS SECTION SUBTITLE THE FOLLOWING WORDS HAVE THE 21
80-MEANINGS INDICATED . 22
69+ (C) THE PURPOSE OF THE FUND IS TO OFFSET THE COST S A LOW– TO 11
70+MIDDLE–INCOME RESIDENTIAL C USTOMER MAY INCUR FOR COSTS ASSOCIATED 12
71+WITH A UTILITY COMPANY ’S ROUTINE MAINTENANCE , REPAIRS, OR UPGRADES . 13
8172
82- (2) (B) “ELIGIBLE CUSTOMER ” MEANS A RESIDENTIAL UTILITY 23
83-CUSTOMER WHOSE HOUSE HOLD INCOME DOES NOT EXCEED 120% OF THE STATE 24
84-MEDIAN INCOME . 25
73+ (D) (1) THE COMMISSION SHALL: 14
8574
86- (C) “ELIGIBLE REPAIR ” MEANS THE REPAIR OF DAMAGE TO A WALL , 26
87-CEILING, OR FLOOR INSIDE A RE SIDENTIAL STRUCTURE CAUSED BY A REQUIRED 27
88-UPGRADE, REPAIR, OR MAINTENANCE ACTIO N CONDUCTED BY A UTI LITY COMPANY 28
89-FOR WHICH THE UTILIT Y COMPANY DOES NOT M AKE THE REPAIR OR REIMBURSE 29
90-THE CUSTOMER FOR THE REPAIR. 30
75+ (I) ADMINISTER THE FUND; AND 15
9176
92- (D) “FUND” MEANS THE HOMEOWNER UTILITY REPAIR FUND. 31
77+ (II) DETERMINE THE AMOUNT OF FUNDS TO BE TRANSFERRED 16
78+ANNUALLY TO THE FUND FROM FEDERAL, STATE, AND LOCAL GOVERNMENT 17
79+LOW–INCOME WEATHERIZATION AND E NERGY ASSISTANCE PROGRAMS THAT 18
80+RETAIN UNUSED FUNDS AT THE END OF A STATE FISCAL YEAR, INCLUDING: 19
9381
94- (3) (E) “PROGRAM” MEANS THE HOMEOWNER UTILITY REPAIR 32
95-PROGRAM. 33
82+ 1. THE ELECTRIC UNIVERSAL S ERVICE PROGRAM 20
83+ESTABLISHED UNDER § 7–512.1 OF THIS TITLE; 21
84+
85+ 2. THE ENERGY ASSISTANCE PROGRAM ESTABLISHED 22
86+UNDER TITLE 5, SUBTITLE 5A OF THE HUMAN SERVICES ARTICLE; 23
87+
88+ 3. THE WEATHERIZATION P ROGRAM DEVELOPED BY THE 24
89+COMMUNITY DEVELOPMENT ADMINISTRATION UNDER § 4–211 OF THE HOUSING 25
90+AND COMMUNITY DEVELOPMENT ARTICLE; 26
91+
92+ 4. THE U.S. DEPARTMENT OF ENERGY 27
93+WEATHERIZATION ASSISTANCE PROGRAM; AND 28
9694 SENATE BILL 770 3
9795
9896
99- (F) “STATE MEDIAN INCOME ” MEANS THE MEDIAN HOU SEHOLD INCOME 1
100-FOR THE STATE, AS ADJUSTED FOR HOUS EHOLD SIZE. 2
97+ 5. ANY OTHER FEDERAL , STATE, OR LOCAL 1
98+GOVERNMENT LOW –INCOME PROGRAM THAT PROVIDES WEATHERIZATION AND 2
99+ENERGY ASSISTANCE TO LOW– TO MIDDLE–INCOME RESIDENTIAL C USTOMERS. 3
101100
102- (G) “UTILITY COMPANY ” MEANS AN ELECTRIC CO MPANY, A GAS COMPANY , 3
103-OR A GAS AND ELECTRI C COMPANY. 4
101+ (2) THE COMMISSION MAY REQUES T A BUDGET AMENDMENT TO 4
102+TRANSFER TO THE FUND UNSPENT UNENCUMB ERED MONEY IN THE FU NDS LISTED 5
103+IN PARAGRAPH (1)(II) OF THIS SUBSECTION A T THE END OF A GIVEN FISCAL YEAR. 6
104104
105-4–2902. 5
105+ (E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 7
106+SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8
106107
107- (A) THERE IS A HOMEOWNER UTILITY REPAIR PROGRAM IN THE 6
108-DEPARTMENT . 7
108+ (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 9
109+AND THE COMPTROLLER SHALL ACCOUNT F OR THE FUND. 10
109110
110- (B) THE PURPOSE OF THE PROGRAM IS TO: 8
111+ (F) THE FUND CONSISTS OF : 11
111112
112- (1) REIMBURSE ELIGIBLE C USTOMERS FOR THE COS T OF ELIGIBLE 9
113-REPAIRS; AND 10
113+ (1) MONEY TRANSFERRED TO THE FUND UNDER SUBSECTION (D) OF 12
114+THIS SECTION; 13
114115
115- (2) PROVIDE GRANTS TO EL IGIBLE CUSTOMERS TO FUND ELIGIBLE 11
116-REPAIRS. 12
116+ (2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; 14
117117
118- (C) (1) BEGINNING JULY 1, 2023, AN ELIGIBLE CUSTOMER MAY APPLY 13
119-FOR REIMBURSEMENT UN DER THE PROGRAM FOR THE ACTUA L COSTS OF AN 14
120-ELIGIBLE REPAIR . 15
118+ (3) INTEREST EARNINGS ; AND 15
121119
122- (2) THE MAXIMUM REIMBURSE MENT ISSUED FOR AN E LIGIBLE 16
123-REPAIR MAY NOT EXCEE D $1,000. 17
120+ (4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 16
121+THE BENEFIT OF THE FUND. 17
124122
125- (D) (1) BEGINNING JULY 1, 2023, AN ELIGIBLE CUSTOMER MAY APPLY 18
126-FOR A GRANT UNDER TH E PROGRAM EQUAL TO THE AMOUNT SPECIFIED IN A 19
127-LICENSED CONTRACTOR ’S ESTIMATE FOR THE T OTAL COST OF ELIGIBL E REPAIRS. 20
123+ (G) THE FUND MAY BE USED ONLY TO OFFSET THE COST S A LOW– TO 18
124+MIDDLE–INCOME RESIDENTIAL C USTOMER INCURS FOR COSTS ASSOCIATED WITH A 19
125+UTILITY COMPANY ’S ROUTINE MAINTENANCE , REPAIRS, OR UPGRADES . 20
128126
129- (2) THE MAXIMUM GRANT AWA RDED MAY NOT EXCEED $1,000. 21
127+ (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 21
128+IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 22
130129
131- (3) FOLLOWING THE COMPLET ION OF AN ELIGIBLE REPAI R FUNDED 22
132-BY A GRANT RECEIVED UNDER THIS SUBSECTIO N, AN ELIGIBLE CUSTOMER SHALL: 23
130+ (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 23
131+THE FUND. 24
133132
134- (I) SUBMIT DOCUMENTATION OF THE FINAL BILL , AS 24
135-REQUIRED BY THE DEPARTMENT ; AND 25
133+ (I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 25
134+WITH THE STATE BUDGET . 26
136135
137- (II) RETURN TO THE DEPARTMENT ANY UNSPEN T GRANT 26
138-FUNDS. 27
139-
140-4–2903. 28
141-
142- (B) (A) THERE IS A HOMEOWNER UTILITY REPAIR FUND. 29
136+ (J) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO AND IS NOT 27
137+INTENDED TO TAKE THE PLACE OF FUNDING THA T OTHERWISE WOULD BE 28
138+APPROPRIATED TO THE FUND. 29
143139 4 SENATE BILL 770
144140
145141
146- (C) (B) THE PURPOSE OF THE FUND IS TO OFFSET THE COSTS AN 1
147-ELIGIBLE CUSTOMER IN CURS FOR AN ELIGIBLE REPAIR. OFFSET THE COSTS A 2
148-LOW– TO MIDDLE–INCOME RESIDENTIAL C USTOMER MAY INCUR FO R COSTS 3
149-ASSOCIATED WITH A UTILITY COMPANY ’S ROUTINE MAINTENANC E, REPAIRS, OR 4
150-UPGRADES. 5
142+Article – State Finance and Procurement 1
151143
152- (D) (1) THE COMMISSION SHALL : 6
144+6–226. 2
153145
154- (I) ADMINISTER THE FUND; AND 7
146+ (a) (2) (i) Notwithstanding any other provision of law, and unless 3
147+inconsistent with a federal law, grant agreement, or other federal requirement or with the 4
148+terms of a gift or settlement agreement, net interest on all State money allocated by the 5
149+State Treasurer under this section to special funds or accounts, and otherwise entitled to 6
150+receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 7
151+Fund of the State. 8
155152
156- (II) DETERMINE THE AMOUNT OF FUNDS TO BE TRANS FERRED 8
157-ANNUALLY TO THE FUND FROM FEDERAL , STATE, AND LOCAL GOVERNMENT 9
158-LOW–INCOME WEATHERIZATION AND ENERGY ASSISTANC E PROGRAMS THAT 10
159-RETAIN UNUSED FUNDS AT THE END OF A STATE FISCAL YEAR , INCLUDING: 11
153+ (ii) The provisions of subparagraph (i) of this paragraph do not apply 9
154+to the following funds: 10
160155
161- 1. THE ELECTRIC UNIVERS AL SERVICE PROGRAM 12
162-ESTABLISHED UNDER § 7–512.1 OF THIS TITLE; 13
156+ 144. the Health Equity Resource Community Reserve Fund; 11
157+[and] 12
163158
164- 2. THE ENERGY ASSISTANCE PROGRAM ESTABLISHED 14
165-UNDER TITLE 5, SUBTITLE 5A OF THE HUMAN SERVICES ARTICLE; 15
159+ 145. the Access to Counsel in Evictions Special Fund; AND 13
166160
167- 3. THE WEATHERIZATION P ROGRAM DEVELOPED BY THE 16
168-COMMUNITY DEVELOPMENT ADMINISTRATION UNDER § 4–211 OF THE HOUSING 17
169-AND COMMUNITY DEVELOPMENT ARTICLE; 18
161+ 146. THE HOMEOWNER UTILITY REPAIR FUND. 14
170162
171- 4. THE U.S. DEPARTMENT OF ENERGY 19
172-WEATHERIZATION ASSISTANCE PROGRAM; AND 20
173-
174- 5. ANY OTHER FEDERAL , STATE, OR LOCAL 21
175-GOVERNMENT LOW –INCOME PROGRAM THAT PROVIDES WEATHERIZAT ION AND 22
176-ENERGY ASSISTANCE TO LOW– TO MIDDLE–INCOME RESIDENTIAL C USTOMERS. 23
177-
178- (2) THE COMMISSION MAY REQUES T A BUDGET AMENDMENT TO 24
179-TRANSFER TO THE FUND UNSPENT UNENCUMB ERED MONEY IN THE FU NDS LISTED 25
180-IN PARAGRAPH (1)(II) OF THIS SUBSECTION A T THE END OF A GIVEN FISCAL YEAR. 26
181-
182- (E) (C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 27
183-SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 28
184-
185- (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 29
186-AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 30
187-
188- (F) (D) THE FUND CONSISTS OF : 31
189- SENATE BILL 770 5
190-
191-
192- (1) MONEY TRANSFERRED TO THE FUND UNDER SUBSECTION (D) OF 1
193-THIS SECTION; 2
194-
195- (2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; 3
196-
197- (3) (2) INTEREST EARNINGS ; AND 4
198-
199- (4) (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 5
200-FOR THE BENEFIT OF T HE FUND. 6
201-
202- (G) (E) THE FUND MAY BE USED ONLY TO OFFSET THE COSTS A L OW– TO 7
203-MIDDLE–INCOME RESIDENTIAL CUSTOMER INCURS FOR COSTS ASS OCIATED WITH A 8
204-UTILITY COMPANY ’S ROUTINE MAINTENANC E, REPAIRS, OR UPGRADES : 9
205-
206- (1) REIMBURSE ELIGIBLE C USTOMERS FOR THE COS T OF ELIGIBLE 10
207-REPAIRS; AND 11
208-
209- (2) PROVIDE GRANTS TO EL IGIBLE CUSTOMERS TO FUND ELIGIBLE 12
210-REPAIRS. 13
211-
212- (H) (F) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 14
213-FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 15
214-
215- (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 16
216-THE FUND. 17
217-
218- (I) (G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 18
219-ACCORDANCE WITH THE STATE BUDGET . 19
220-
221- (J) (H) MONEY EXPENDED FROM T HE FUND IS SUPPLEMENTAL TO AND IS 20
222-NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWISE WOULD BE 21
223-APPROPRIATED TO THE FUND. 22
224-
225- (I) IN FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , THE 23
226-GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 24
227-$500,000 FOR THE FUND. 25
228-
229-4–2904. 26
230-
231- THE DEPARTMENT SHALL ADOP T REGULATIONS TO ADM INISTER THE FUND, 27
232-INCLUDING REGULATION S ESTABLISHING: 28
233-
234- (1) REIMBURSEMENT AND GR ANT ELIGIBILITY REQUIREMENTS ; 29
235- 6 SENATE BILL 770
236-
237-
238- (2) APPLICATION PROCEDUR ES; 1
239-
240- (3) DOCUMENTATION REQUIR EMENTS; AND 2
241-
242- (4) PROCEDURES FOR RETUR NING UNSPENT FUNDS F OLLOWING 3
243-RECEIPT OF A GRANT . 4
244-
245-Article – State Finance and Procurement 5
246-
247-6–226. 6
248-
249- (a) (2) (i) Notwithstanding any other provision of law, and unless 7
250-inconsistent with a federal law, grant agreement, or other federal requirement or with the 8
251-terms of a gift or settlement agreement, net interest on all State money allocated by the 9
252-State Treasurer under this section to special funds or accounts, and otherwise entitled to 10
253-receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 11
254-Fund of the State. 12
255-
256- (ii) The provisions of subparagraph (i) of this paragraph do not apply 13
257-to the following funds: 14
258-
259- 144. the Health Equity Resource Community Reserve Fund; 15
260-[and] 16
261-
262- 145. the Access to Counsel in Evictions Special Fund; AND 17
263-
264- 146. THE HOMEOWNER UTILITY REPAIR FUND. 18
265-
266- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
267-October 1, 2022. 20
268-
269-
270-
271-
272-Approved:
273-________________________________________________________________________________
274- Governor.
275-________________________________________________________________________________
276- President of the Senate.
277-________________________________________________________________________________
278- Speaker of the House of Delegates.
163+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
164+October 1, 2022. 16