EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0801* SENATE BILL 801 C8, F2 3lr0980 CF HB 1189 By: Senator Hester Senators Hester and Jennings Introduced and read first time: February 6, 2023 Assigned to: Finance Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 7, 2023 CHAPTER ______ AN ACT concerning 1 Economic Development – Cybersecurity – Cyber Maryland Program 2 FOR the purpose of establishing the Cyber Maryland Program in the Maryland Technology 3 Development Corporation to increase the cybersecurity workforce in the State, build 4 an advanced cybersecurity workforce, and carry out other purposes related to the 5 cybersecurity workforce in the State; establishing the Cyber Maryland Fund; 6 establishing the Cyber Maryland Board; requiring the Maryland Higher Education 7 Commission, in consultation with a certain organization, to expand the Cyber 8 Warrior Diversity Program under certain circumstances on or before a certain date 9 each year; repealing the requirement that the Commission allocate certain funds to 10 certain institutions in the Cyber Warrior Diversity Program on a certain basis; 11 establishing requirements related to unexpended funds allocated by the Commission 12 under the Cyber Warrior Diversity Program; and generally relating to the Cyber 13 Maryland Program. 14 BY adding to 15 Article – Economic Development 16 Section 10–496 17 Annotated Code of Maryland 18 (2018 Replacement Volume and 2022 Supplement) 19 BY repealing and reenacting, without amendments, 20 Article – Education 21 Section 11–1401(a), (c), and (d) 22 Annotated Code of Maryland 23 2 SENATE BILL 801 (2022 Replacement Volume) 1 BY repealing and reenacting, with amendments, 2 Article – Education 3 Section 11–1402 and 11–1405 4 Annotated Code of Maryland 5 (2022 Replacement Volume) 6 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 That the Laws of Maryland read as follows: 8 Article – Economic Development 9 10–496. 10 (A) (1) IN THIS SECTIO N THE FOLLOWING WORD S HAVE THE MEANINGS 11 INDICATED. 12 (2) “BOARD” MEANS THE CYBER MARYLAND BOARD. 13 (3) “PROGRAM” MEANS THE CYBER MARYLAND PROGRAM. 14 (B) THERE IS A CYBER MARYLAND PROGRAM IN THE CORPORATION . 15 (C) THE PURPOSES OF THE PROGRAM ARE TO : 16 (1) CREATE AND EXECUTE A TALENT PIPELINE THAT MATERIALLY 17 REDUCES WORKFORCE VA CANCIES BY JULY 1, 2026; 18 (2) SERVE AS A ONE –STOP SHOP FOR EMPLOY ERS SEEKING TO 19 LEVERAGE CYBER WORKF ORCE DEVELOPMENT PRO GRAMS OFFERED BY THE STATE 20 AND ITS PARTNERS ; 21 (3) INFORM CYBERSECURITY TRAINI NG AND EDUCATION PRO GRAMS 22 OPERATED BY PUBLIC O R PRIVATE ENTITIES W ITH INDUSTRY–DRIVEN NEEDS ; 23 (4) BUILD THE MOST ADVAN CED LOCAL AND STATE INFORMATION 24 TECHNOLOGY WORKFORCE IN THE NATION , WHICH, TO THE MAXIMUM EXTEN T 25 POSSIBLE, REFLECTS THE RACIAL, GENDER, ETHNIC, AND GEOGRAPHIC DIVER SITY 26 OF THE STATE; 27 (5) COORDINATE AND ACCEL ERATE CYBERSECURITY RESEARCH AND 28 INNOVATION IN THE STATE; AND 29 SENATE BILL 801 3 (6) SUPPORT THE EFFORTS OF THE DEPARTMENT OF INFORMATION 1 TECHNOLOGY TO IMPROVE THE STATE GOVERNMENT ’S CYBERSECURITY POST URE, 2 INCLUDING STATE AGENCIES , LOCAL GOVERNMENT UNI TS, AND CRITICAL 3 INFRASTRUCTURE . 4 (D) THE PROGRAM SHALL : 5 (1) CONDUCT ONGOING RESE ARCH BY COLLABORATING W ITH THE 6 CYBERSECURITY ASSOCIATION OF MARYLAND, INC., CYBERSECURITY TALENT 7 ADVISORY BOARD TO COLLECT AND ANALYZE REAL –TIME INDUSTRY DATA T O 8 IDENTIFY CYBERSECURI TY WORKFORCE NEEDS A S DESCRIBED IN THE U.S. 9 CHAMBER OF COMMERCE TALENT PIPELINE MANAGEMENT APPROACH; 10 (2) USE THE RESULTS OF T HE RESEARCH DESCRIBE D IN ITEM (1) OF 11 THIS SUBSECTION TO I NCREASE THE EFFECTIV ENESS OF EXISTING STATE 12 CYBERSECURITY WORKFO RCE PROGRAMS FOR EMP LOYERS IN THE STATE; 13 (3) FACILITATE PARTNERSH IPS FOR NEW TRAI NING AND EDUCATION 14 PROGRAMS TO ADDRESS THE WORKFORCE NEEDS IDENTIFIED UNDER ITE M (1) OF 15 THIS SUBSECTION ; 16 (4) DEVELOP A STATEWIDE STRATEGIC PLAN FOR C YBERSECURITY 17 WORKFORCE DEVELOPMEN T, USING THE RESULTS OF THE RESEARCH DESCRIB ED IN 18 ITEM (1) OF THIS SUBS ECTION AND WITH INPU T FROM THE CYBERSECURITY 19 ASSOCIATION OF MARYLAND, INC., CYBERSECURITY TALENT ADVISORY BOARD ON 20 OR BEFORE DECEMBER 1, 2023; 21 (5) ADMINISTER AND MANAG E THE CYBER MARYLAND FUND; AND 22 (6) ENSURE THAT OUTCOMES OF THE PROGRAM ARE INCLUSI VE AND, 23 TO THE MAXIMUM EXTEN T PRACTICABLE , REFLECT THE RACIAL , GENDER, ETHNIC, 24 AND GEOGRAPHIC DIVER SITY OF THE STATE. 25 (E) (1) IN THIS SUBSECTION , “FUND” MEANS THE CYBER MARYLAND 26 FUND. 27 (2) THERE IS A CYBER MARYLAND FUND. 28 (3) THE PURPOSES OF THE FUND ARE TO: 29 (I) ACHIEVE THE PURPOSES IDENTIFIED UNDER SUB SECTION 30 (C) OF THIS SECTION; AND 31 4 SENATE BILL 801 (II) SUPPORT INNOVATIVE A PPROACHES TO MEETING 1 CYBERSECURITY WORKFO RCE NEEDS. 2 (4) THE PROGRAM SHALL ADMINIS TER THE FUND. 3 (5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 4 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 5 (II) THE STATE TREASURER SHALL HOLD THE FUND 6 SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 7 (6) THE FUND CONSISTS OF : 8 (I) MONEY APPROPRIATE D IN THE STATE BUDGET TO THE 9 FUND; AND 10 (II) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 11 FOR THE BENEFIT OF T HE FUND. 12 (7) THE FUND MAY BE USED ONLY FOR: 13 (I) ADMINISTERING THE PROGRAM; AND 14 (II) PROVIDING GRANTS TO ELEMENTARY AND SECON DARY 15 SCHOOLS, INSTITUTIONS OF HIGH ER EDUCATION , INCLUDING COMMUNITY 16 COLLEGES, FOR–PROFIT CORPORATIONS , AND NONPROFIT ORGANI ZATIONS TO 17 OPERATE CYBERSECURIT Y PROGRAMS BASED ON THE STRATEGIC PLAN O F THE 18 PROGRAM. 19 (8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 20 FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 21 (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 22 CREDITED TO THE GENERAL FUND OF THE STATE. 23 (9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 24 ACCORDANCE WITH THE STATE BUDGET . 25 (10) FOR FISCAL YEAR 2025 AND EACH YEAR THEREA FTER, THE 26 GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 27 $250,000 FOR THE FUND. 28 SENATE BILL 801 5 (11) FOR FISCAL YEAR 2025 AND EACH YEAR THEREA FTER, $250,000 1 OF THE FUND SHALL BE USED FO R IMPLEMENTIN G THE U.S. CHAMBER OF 2 COMMERCE TALENT PIPELINE MANAGEMENT APPROACH. 3 (12) (I) THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET 4 BILL AN APPROPRIATIO N IN AN AMOUNT SUFFI CIENT FOR HIRING IND IVIDUALS TO 5 CONDUCT THE DUTIES O F THE PROGRAM, INCLUDING AN EXECUTIVE DIRECTOR 6 AND AT LEAST ONE ADM INISTRATOR. 7 (II) THE EXECUTIVE DIRECTOR SHALL : 8 1. BE APPOINTED BY THE CHIEF EXECUTIVE OFFICER; 9 2. HAVE RELEVANT QUALIF ICATIONS AND EXPERIE NCE 10 WITH THE ACTIVITIES AND PURPOSES OF THE PROGRAM; AND 11 3. SERVE AT THE PLEASUR E OF THE CHIEF EXECUTIVE 12 OFFICER. 13 (F) (1) THERE IS A CYBER MARYLAND BOARD. 14 (2) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS : 15 (I) THE SENATE AND HOUSE OF DELEGATES COCHAIRS OF THE 16 JOINT COMMITTEE ON CYBERSECURITY , INFORMATION TECHNOLOGY, AND 17 BIOTECHNOLOGY ; 18 (II) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 19 (III) THE SECRETARY OF LABOR, OR THE SECRETARY’S 20 DESIGNEE; 21 (IV) THE MARYLAND SECRETARY OF VETERANS AFFAIRS, OR 22 THE SECRETARY’S DESIGNEE; 23 (V) THE SECRETARY OF INFORMATION TECHNOLOGY , OR THE 24 SECRETARY’S DESIGNEE; 25 (VI) THE CHAIR OF THE BOARD OF DIRECTORS OF THE 26 CYBERSECURITY ASSOCIATION OF MARYLAND, INC., OR THE CHAIR’S DESIGNEE; 27 (VII) THE CHAIR OF THE MARYLAND WORKFORCE ASSOCIATION, 28 OR THE CHAIR’S DESIGNEE; 29 6 SENATE BILL 801 (VIII) THE FOLLOWING MEMBER S, APPOINTED BY THE 1 GOVERNOR: 2 1. FIVE MEMBERS FROM TH E PRIVATE SECTOR WIT H 3 CYBERSECURITY NEEDS ; 4 2. ONE REPRESENTATIVE F ROM A NONPROFIT 5 ORGANIZATION WITH EX PERTISE IN CYBERSECU RITY TALENT DEVELOPM ENT; 6 3. ONE REPRESENTATIVE FROM A COMMUNITY 7 COLLEGE; 8 4. ONE REPRESENTATIVE F ROM A 4–YEAR, PUBLIC 9 HBCU COLLEGE; 10 5. ONE REPRESENTATIVE F ROM A 4–YEAR, PUBLIC 11 COLLEGE; AND 12 (IX) THE CHIEF EXECUTIVE OFFICER, OR THE CHIEF 13 EXECUTIVE OFFICER’S DESIGNEE. 14 (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 15 MEMBERS OF THE BOARD SHALL ELECT A C HAIR FROM AMONG THE MEMBERS OF 16 THE BOARD. 17 (II) THE CHAIR MAY NOT BE : 18 1. A STATE EMPLOYEE ; OR 19 2. THE CHIEF EXECUTIVE OFFICER. 20 (4) THE BOARD SHALL: 21 (I) PROVIDE INPUT REGARD ING THE DEVELOPMENT OF THE 22 STATEWIDE CYBERSECUR ITY WORKFORCE DEVELO PMENT STRATEGIC PLAN 23 REQUIRED UNDER SUBSE CTION (D)(4) OF THIS SECTION; 24 (II) ASSIST THE EXECUTIVE DIRECTOR AND STAFF OF THE 25 PROGRAM WITH STAKEHOL DER OUTREACH AN D ENGAGEMENT ; 26 (III) HELP THE EXECUTIVE DIRECTOR OF THE PROGRAM 27 EXPLORE SYNERGIES WH ERE APPROPRIATE WITH CYBERSECURITY WORKFO RCE 28 DEVELOPMENT EFFORTS BY REGIONAL AND COUN TY WORKFORCE DEVELOP MENT 29 ENTITIES; 30 SENATE BILL 801 7 (IV) COORDINATE AS NECESS ARY WITH THE MARYLAND 1 DEPARTMENT OF LABOR AND THE DEPARTMENT ; AND 2 (V) PROVIDE OTHER ADVICE AND SUPPORT FOR THE PROGRAM. 3 (5) A MEMBER OF THE BOARD: 4 (I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 5 BOARD; BUT 6 (II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 7 THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 8 BUDGET. 9 (6) THE GOVERNOR MAY REMOVE A N APPOINTED MEMBER O F THE 10 BOARD FOR INCOMPETENC E, MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES 11 OF THE POSITION . 12 (G) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2026, THE 13 PROGRAM, IN CONJUNCTION WITH THE CORPORATION , SHALL SUBMIT A REPOR T 14 ON THE OPERATION AND PERFORMANCE OF T HE PROGRAM TO THE GOVERNOR AND , 15 IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 16 GENERAL ASSEMBLY. 17 Article – Education 18 11–1401. 19 (a) In this subtitle the following words have the meanings indicated. 20 (c) “Governing entity” means: 21 (1) The Board of Trustees of Baltimore City Community College; 22 (2) The President of Bowie State University; 23 (3) The President of Coppin State University; 24 (4) The Board of Regents of Morgan State University; 25 (5) The President of the University of Maryland Eastern Shore; and 26 (6) The President of the University of Maryland Baltimore County 27 Training Centers. 28 8 SENATE BILL 801 (d) “Program” means a Cyber Warrior Diversity Program. 1 11–1402. 2 (a) There is a Cyber Warrior Diversity Program at: 3 (1) Baltimore City Community College; 4 (2) Bowie State University; 5 (3) Coppin State University; 6 (4) Morgan State University; 7 (5) The University of Maryland Eastern Shore; and 8 (6) The University of Maryland Baltimore County Training Centers that 9 are located in the State. 10 (b) The purpose of each Program is to train students in computer networking and 11 cybersecurity. 12 (c) The governing entity at each institution is responsible for administering the 13 Program at that institution. 14 (D) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2024, THE 15 COMMISSION, IN CONSULTATION WITH THE CYBERSECURITY ASSOCIATION OF 16 MARYLAND, INC., SHALL, IF APPLICABLE, EXPAND THE PROGRAM TO 17 ACCOMMODATE ANY CHAN GES IN CERTIFICATION TRENDS IDENTIFIED UN DER § 18 10–496 OF THE ECONOMIC DEVELOPMENT ARTICLE. 19 11–1405. 20 (a) Subject to the requirements of this section, for fiscal year 2020 and each fiscal 21 year thereafter, the Governor shall include in the annual State operating budget an 22 appropriation of $2,500,000 for the Commission to provide grants to Baltimore City 23 Community College, Bowie State University, Coppin State University, Morgan State 24 University, the University of Maryland Eastern Shore, and the University of Maryland 25 Baltimore County Training Centers for the Program established under this section. 26 (b) Grants provided under subsection (a) of this section shall be in the amount of: 27 (1) At least $10,000 per student at: 28 (i) Baltimore City Community College; 29 (ii) Bowie State University; 30 SENATE BILL 801 9 (iii) Coppin State University; 1 (iv) Morgan State University; and 2 (v) The University of Maryland Eastern Shore; and 3 (2) $500 per student at the University of Maryland Baltimore County 4 Training Centers, for the purpose of participation in job apprenticeship events. 5 (c) On or before December 15, 2019, and each December 15 thereafter, the 6 governing entities shall notify the Commission of the number of students enrolled in each 7 institution’s Program for the current academic year. 8 (d) [(1)] The funding provided in each fiscal year in accordance with this section 9 shall supplement, but not supplant, any funds that would otherwise be provided for each 10 institution. 11 [(2) The Commission annually shall allocate funds to Baltimore City 12 Community College, Bowie State University, Coppin State University, Morgan State 13 University, the University of Maryland Eastern Shore, and the University of Maryland 14 Baltimore County Training Centers on a pro rata basis according to the most recent 15 enrollment data required under subsection (c) of this section.] 16 (E) NOTWITHSTANDING § 7–302 OF THE STATE FINANCE AND 17 PROCUREMENT ARTICLE, AT THE END OF EACH F ISCAL YEAR, ANY UNEXPENDED 18 FUNDS ALLOCATED BY T HE COMMISSION UNDER THIS SECTION SHALL : 19 (1) REVERT TO THE COMMISSION TO BE ALLO CATED UNDER THIS 20 SECTION FOR THE UPCO MING FISCAL YEAR ; AND 21 (2) BE USED TO SUPPLEMENT , BUT NOT SUPPLANT , THE AMOUNT 22 REQUIRED TO BE APPRO PRIATED TO THE COMMISSION TO BE ALLO CATED UNDER 23 THIS SECTION FOR THE UPCOMING FISCAL YEAR . 24 SECTION 2. AND BE IT FURTHER ENACTED, That: 25 (a) In this section, “Program” means the Cyber Maryland Program established 26 under § 10–496 of the Economic Development Article, as enacted by Section 1 of this Act. 27 (b) It is the intent of the General Assembly that: 28 (1) the Program immediately consider the Cybersecurity Pathways Across 29 Maryland from the U.S. Department of Labor’s Trade Adjustment Assistance Community 30 College & Career Training (2014–2018) as an immediate, proven, and scalable mechanism 31 to fill jobs; and 32 10 SENATE BILL 801 (2) in implementing the plan required under § 10 –496(d)(4) of the 1 Economic Development Article, as enacted by Section 1 of this Act, the Program consider: 2 (i) the role and scale of the following programs: 3 1. K–12 Career Pathways & Teacher Externships; 4 2. the Maryland Technology Internship Program; 5 3. the Maryland EARN Program; 6 4. the Maryland Apprenticeship & Training Program; and 7 5. the Cyber Warrior Diversity Program; and 8 (ii) the development of cyber range scenarios and provision of cyber 9 range training through appropriate partners. 10 SECTION 3. AND BE IT FURTHER ENACTED, That, for fiscal year 2025 and each 11 year thereafter, funds from the Dedicated Purpose Account may be transferred by budget 12 amendment in accordance with § 7–310 of the State Finance and Procurement Article to 13 implement this Act. 14 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15 1, 2023. 16 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.