WES MOORE, Governor Ch. 498 – 1 – Chapter 498 (House Bill 622) AN ACT concerning Economic Development – Industry 4.0 Technology Grant Program FOR the purpose of establishing the Industry 4.0 Technology Grant Program in the Department of Commerce to provide grants to certain small and medium–sized manufacturing enterprises to assist those manufacturers with implementing new Industry 4.0 technology or related infrastructure for certain purposes; establishing the Industry 4.0 Technology Grant Fund as a special, nonlapsing fund; requiring the Governor to include in the annual budget bill a certain appropriation to the Fund in certain fiscal years; and generally relating to the Industry 4.0 Technology Grant Program for manufacturers. BY adding to Article – Economic Development Section 5–2301 through 5–2304 to be under the new subtitle “Subtitle 23. Industry 4.0 Technology Grant Program” Annotated Code of Maryland (2018 Replacement Volume and 2022 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Economic Development SUBTITLE 23. INDUSTRY 4.0 TECHNOLOGY GRANT PROGRAM. 5–2301. (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (B) “FUND” MEANS THE INDUSTRY 4.0 TECHNOLOGY GRANT FUND. (C) (1) “INDUSTRY 4.0 TECHNOLOGY ” MEANS SMART HARDWARE AND SOFTWARE MANUFACTURI NG TECHNOLOGIES . (2) “INDUSTRY 4.0 TECHNOLOGY ” INCLUDES: (I) ADVANCED SENSOR INTE GRATION; (II) EMBEDDED SOFTWARE SY STEM APPLICATIONS ; Ch. 498 2023 LAWS OF MARYLAND – 2 – (III) ROBOTICS AND AUTONOM OUS EQUIPMENT THAT C OLLECT DATA; (IV) ENTERPRISE RESOURCE PLANNING (ERP) AND DATA ANALYTICS SOFTWARE ; (V) CLOUD COMPUTING AND CYBERSECURITY SO LUTIONS; (VI) ARTIFICIAL INTELLIGE NCE (AI) FOR CONTINUOUS IMPROVEMENT OF EFFIC IENCY AND PRODUCTIVI TY; AND (VII) INFRASTRUCTURE REQUI RED TO IMPLEMENT A QUALIFYING TECHNOLOG Y. (D) “PROGRAM” MEANS THE INDUSTRY 4.0 TECHNOLOGY GRANT PROGRAM. (E) “PROGRAM ADMINISTRAT OR” MEANS THE ENTITY THA T HAS AUTHORITY TO ADMINIS TER THE PROGRAM. (F) “SME MANUFACTURER ” MEANS A SMALL OR MED IUM–SIZED ENTERPRISE MANUFACTU RER. 5–2302. (A) THERE IS AN INDUSTRY 4.0 TECHNOLOGY GRANT PROGRAM IN THE DEPARTMENT . (B) THE DEPARTMENT MAY ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH A STATE–CHARTERED CORPORATIO N UNDER TITLE 10 OF THIS ARTICLE TO AUTH ORIZE THE STATE–CHARTERED CORPORATIO N TO ADMINISTER THE PROGRAM IN ACCORDANCE WITH THIS SUBTITLE . (C) THE PURPOSE OF THE PROGRAM IS TO ASSIST SME MANUFACTURERS IN THE PURCHASE , IMPLEMENTATION , AND RELATED EMPLOYEE TRAINING OF INDUSTRY 4.0 TECHNOLOGY AND RELAT ED INFRASTRUCTURE IN ORDER TO INCREASE PRODUCTIVIT Y, EFFICIENCY, AND COMPETITIVENESS IN THE STATE AND NATIONAL MANUFA CTURING ENVIRONMENT . (D) TO QUALIFY FOR A GRAN T UNDER THE PROGRAM, AN SME MANUFACTURER SHALL S UBMIT TO THE PROGRAM ADMINISTRATOR AN APPLICATION THAT DEM ONSTRATES THAT : WES MOORE, Governor Ch. 498 – 3 – (1) THE COMPANY IS A QUA LIFYING SME MANUFACTURER ; (2) THE COMPANY HAS BUSI NESS OPERATIONS IN MARYLAND; AND (3) THE COMPANY HAS BEEN IN EXISTENCE FOR OVE R 1 YEAR. (E) (1) IN AWARDING GRANTS UN DER THE PROGRAM, THE PROGRAM ADMINISTRATOR SHALL AWARD GRANTS ON A CO MPETITIVE BASIS BASE D ON: (I) THE PROPOSED PROJECT ’S ALIGNMENT WIT H ADOPTION OF INDUSTRY 4.0 TECHNOLOGIES ; (II) THE APPLICANT ’S DEMONSTRATED OVERA LL COMMITMENT TO, OR STRATEGY FOR , INDUSTRY 4.0 TECHNOLOGY ADOPTION ; (III) THE DEMONSTRATED POS ITIVE IMPACT OF THE INDUSTRY 4.0 TECHNOLOGY ON THE AP PLICANT’S BUSINESS O PERATIONS AND COMPETITIVENESS ; AND (IV) ANY OTHER INFORMATIO N REQUESTED BY THE PROGRAM ADMINISTRATOR . (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE DEPARTMENT SHALL AWAR D TO AN ELIGIBLE SME MANUFACTURER A GRANT OF AT LEAST $25,000, BUT NOT EXCEEDING $500,000. (3) (I) AN SME MANUFACTURER THAT RE CEIVES A GRANT UNDER THIS SUBSECTION SHAL L PROVIDE MATCHING F UNDS IN THE AMOUNTS SPECIFIED UNDER THIS PARAGRAPH . (II) THE DEPARTMENT SHALL ESTA BLISH A SLIDING SCAL E FORMULA FOR THE MATC HING FUNDS REQUIRED BY AN SME MANUFACTURER TO BE PROVIDED A GRANT UNDER THIS SECTION , WITH SME MANUFACTURERS WITH FEWER EMPLOYEES REQU IRING A LESSER PERCE NTAGE AND SME MANUFACTURERS WITH M ORE EMPLOYEES REQUIR ING A HIGHER PERCENT AGE. (4) (I) THE DEPARTMENT SHALL RESERVE AT LEAST 20% OF THE FUNDS AVAILABLE DURI NG EACH FISCAL YEAR FOR AWARDING GRANTS UNDER THIS SUBSECTION TO SME MANUFACTURERS THAT E MPLOY 50 OR FEWER EMPLOYEES . (II) IF THE TOTAL AMOUNT O F GRANTS APPLIED FOR BY SME MANUFACTURERS THAT E MPLOY 50 OR FEWER EMPLOYEES IS L ESS THAN THE AMOUNT OF FUNDS RESE RVED UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH DURING A FISCAL YEAR , THE DEPARTMENT MAY UTILIZ E THE BALANCE OF THE Ch. 498 2023 LAWS OF MARYLAND – 4 – RESERVED FUNDS FOR A WARDING GRANTS UNDER THIS SUBSECTION TO SME MANUFACTURERS THAT E MPLOY MORE THAN 50 EMPLOYEES. (F) (1) A GRANT AWARDED UNDER THE PROGRAM MAY BE USED F OR PROJECTS THAT DIRECT LY AFFECT MANUFACTUR ING PROCESSES AND FO CUS ON INVESTMENTS IN INDUSTRY 4.0 TECHNOLOGY COMMERCIA L–READY EQUIPMENT THROUGH ESTABLISHED VENDORS OR RELATE D INFRASTRUCTURE . (2) WITHIN 1 YEAR AFTER RECEIVING A GRANT UNDER THE PROGRAM, AN SME MANUFACTURER SHALL S UBMIT TO THE DEPARTMENT A LETTER THAT: (I) DESCRIBES HOW THE GR ANT FUNDING WAS USED ; AND (II) INCLUDES ANY INVOICE S RELATED TO THE IMPLEMENTATION OF TH E INDUSTRY 4.0 TECHNOLOGY OR RELATE D INFRASTRUCTURE . (3) THE DEPARTMENT MAY REQUIR E A GRANT RECIPIENT THAT FAILS TO FULFILL THE REQUIREMENTS OF THE GRANT TO RETURN ALL OR PART OF THE GRANT TO THE PROGRAM. 5–2303. (A) (1) THERE IS AN INDUSTRY 4.0 TECHNOLOGY GRANT FUND. (2) THE SECRETARY SHALL ADMIN ISTER THE FUND. (3) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. (II) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. (B) THE FUND CONSISTS OF : (1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR THE BENEFIT OF THE FUND. (C) THE FUND MAY BE USED ONLY FOR PROVIDING GRANTS UND ER THE PROGRAM TO ELIGIBLE A PPLICANTS. WES MOORE, Governor Ch. 498 – 5 – (D) (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. (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO THE GENERAL FUND OF THE STATE. (3) FOR EACH OF FISCAL YE ARS 2024 2025 THROUGH 2028, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF $10,000,000 $1,000,000 TO THE FUND. 5–2304. THE SECRETARY SHALL ADOPT REGULATIONS NECESSARY TO CARRY O UT THIS SUBTITLE. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2023. Approved by the Governor, May 8, 2023.