EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0906* SENATE BILL 906 C8 3lr3112 CF HB 622 By: Senator Rosapepe Introduced and read first time: February 15, 2023 Assigned to: Rules Re–referred to: Budget and Taxation and Finance, March 3, 2023 Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 24, 2023 CHAPTER ______ AN ACT concerning 1 Economic Development – Industry 4.0 Technology Grant Program 2 FOR the purpose of establishing the Industry 4.0 Technology Grant Program in the 3 Department of Commerce to provide grants to certain small and medium–sized 4 manufacturing enterprises to assist those manufacturers with implementing new 5 Industry 4.0 technology or related infrastructure for certain purposes; establishing 6 the Industry 4.0 Technology Grant Fund as a special, nonlapsing fund; requiring the 7 Governor to include in the annual budget bill a certain appropriation to the Fund in 8 certain fiscal years; and generally relating to the Industry 4.0 Technology Grant 9 Program for manufacturers. 10 BY adding to 11 Article – Economic Development 12 Section 5–2301 through 5–2304 to be under the new subtitle “Subtitle 23. Industry 13 4.0 Technology Grant Program” 14 Annotated Code of Maryland 15 (2018 Replacement Volume and 2022 Supplement) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Economic Development 19 SUBTITLE 23. INDUSTRY 4.0 TECHNOLOGY GRANT PROGRAM. 20 2 SENATE BILL 906 5–2301. 1 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2 INDICATED. 3 (B) “FUND” MEANS THE INDUSTRY 4.0 TECHNOLOGY GRANT FUND. 4 (C) (1) “INDUSTRY 4.0 TECHNOLOGY ” MEANS SMART HARDWARE AND 5 SOFTWARE MANUFACTURI NG TECHNOLOGIES . 6 (2) “INDUSTRY 4.0 TECHNOLOGY” INCLUDES: 7 (I) ADVANCED SENSOR INTE GRATION; 8 (II) EMBEDDED SOFTWARE SY STEM APPLICATIONS ; 9 (III) ROBOTICS AND AUTONOM OUS EQUIPMENT THAT C OLLECT 10 DATA; 11 (IV) ENTERPRISE RESOURCE PLANNING (ERP) AND DATA 12 ANALYTICS SOFTWARE ; 13 (V) CLOUD COMP UTING AND CYBERSECURITY SO LUTIONS; 14 (VI) ARTIFICIAL INTELLIGE NCE (AI) FOR CONTINUOUS 15 IMPROVEMENT OF EFFIC IENCY AND PRODUCTIVI TY; AND 16 (VII) INFRASTRUCTURE REQUI RED TO IMPLEMENT A 17 QUALIFYING TECHNOLOG Y. 18 (D) “PROGRAM” MEANS THE INDUSTRY 4.0 TECHNOLOGY GRANT 19 PROGRAM. 20 (E) “PROGRAM ADMINISTRATOR ” MEANS THE ENTITY THA T HAS 21 AUTHORITY TO ADMINIS TER THE PROGRAM. 22 (F) “SME MANUFACTURER ” MEANS A SMALL OR MED IUM–SIZED 23 ENTERPRISE MANUFACTU RER. 24 5–2302. 25 (A) THERE IS AN INDUSTRY 4.0 TECHNOLOGY GRANT PROGRAM IN THE 26 DEPARTMENT . 27 SENATE BILL 906 3 (B) THE DEPARTMENT MAY ENTER INTO A MEMORANDUM OF 1 UNDERSTANDING WITH A STATE–CHARTERED CORPORATIO N UNDER TITLE 10 OF 2 THIS ARTICLE TO AUTH ORIZE THE STATE–CHARTERED CORPORATIO N TO 3 ADMINISTER THE PROGRAM IN ACCORDANCE WITH THIS SUBTITLE . 4 (C) THE PURPOSE OF THE PROGRAM IS TO ASSIST SME MANUFACTURERS 5 IN THE PURCHASE , IMPLEMENTATION , AND RELATED EMPLOYEE TRAINING OF 6 INDUSTRY 4.0 TECHNOLOGY AND RELAT ED INFRASTRUCTURE IN ORDER TO 7 INCREASE PRODUCTIVIT Y, EFFICIENCY, AND COMPETITIVENESS IN THE STATE AND 8 NATIONAL MANUFA CTURING ENVIRONMENT . 9 (D) TO QUALIFY FOR A GRAN T UNDER THE PROGRAM, AN SME 10 MANUFACTURER SHALL S UBMIT TO THE PROGRAM ADMINISTRATOR AN 11 APPLICATION THAT DEM ONSTRATES THAT : 12 (1) THE COMPANY IS A QUA LIFYING SME MANUFACTURER ; 13 (2) THE COMPANY HAS BUSI NESS OPERATIONS IN MARYLAND; AND 14 (3) THE COMPANY HAS BEEN IN EXISTENCE FOR OVE R 1 YEAR. 15 (E) (1) IN AWARDING GRANTS UN DER THE PROGRAM, THE PROGRAM 16 ADMINISTRATOR SHALL AWARD GRANTS ON A CO MPETITIVE BASIS BASE D ON: 17 (I) THE PROPOSED PROJECT ’S ALIGNMENT WITH ADOPTION OF 18 INDUSTRY 4.0 TECHNOLOGIES ; 19 (II) THE APPLICANT ’S DEMONSTRATED OVERA LL COMMITMENT 20 TO, OR STRATEGY FOR , INDUSTRY 4.0 TECHNOLOGY ADOPTION ; 21 (III) THE DEMONSTRATED POS ITIVE IMPACT OF THE INDUSTRY 22 4.0 TECHNOLOGY ON THE AP PLICANT’S BUSINESS OPERATIONS AND 23 COMPETITIVENESS ; AND 24 (IV) ANY OTHER INFORMATIO N REQUESTED BY THE PROGRAM 25 ADMINISTRATOR . 26 (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE 27 DEPARTMENT SHALL AWAR D TO AN ELIGIBLE SME MANUFACTURER A GRANT OF AT 28 LEAST $25,000, BUT NOT EXCEEDING $500,000. 29 (3) (I) AN SME MANUFACTURER THAT RE CEIVES A GRANT UNDER 30 THIS SUBSECTION SHAL L PROVIDE MATCHING F UNDS IN THE AMOUNTS SPECIFIED 31 UNDER THIS PARAGRAPH . 32 4 SENATE BILL 906 (II) THE DEPARTMENT SHALL ESTA BLISH A SLIDING SCAL E 1 FORMULA FOR THE MATC HING FUNDS REQUIRED BY AN SME MANUFACTURER TO 2 BE PROVIDED A GRANT UNDER THIS SECTION , WITH SME MANUFACTURERS WITH 3 FEWER EMPLOYEES REQU IRING A LESSER PERCE NTAGE AND SME 4 MANUFACTURERS WITH M ORE EMPLOYEES REQUIR ING A HIGHER PERCENT AGE. 5 (4) (I) THE DEPARTMENT SHALL RESERVE AT LEAST 20% OF THE 6 FUNDS AVAILABLE DURI NG EACH FISCAL YEAR FOR AWARDING GRANTS UNDER THIS 7 SUBSECTION TO SME MANUFACTURERS THAT E MPLOY 50 OR FEWER EMPLOYEES . 8 (II) IF THE TOTAL AMOUNT O F GRANTS APPLIED FOR BY SME 9 MANUFACTURERS THAT E MPLOY 50 OR FEWER EMPLOYEES IS L ESS THAN THE 10 AMOUNT OF FUNDS RESE RVED UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH 11 DURING A FISCAL YEAR , THE DEPARTMENT MAY UTILIZ E THE BALANCE OF THE 12 RESERVED FUNDS FOR A WARDING GRANTS UNDER THIS SUBSECTION TO SME 13 MANUFACTURERS THAT E MPLOY MORE THAN 50 EMPLOYEES. 14 (F) (1) A GRANT AWARDED UNDER THE PROGRAM MAY BE USED F OR 15 PROJECTS THAT DIRECT LY AFFECT MANUFACTUR ING PROCESSES AND FO CUS ON 16 INVESTMENTS IN INDUSTRY 4.0 TECHNOLOGY COMMERCIA L–READY EQUIPMENT 17 THROUGH ESTABLISHED VENDORS OR RELATE D INFRASTRUCTURE . 18 (2) WITHIN 1 YEAR AFTER RECEIVING A GRANT UNDER THE 19 PROGRAM, AN SME MANUFACTURER SHALL S UBMIT TO THE DEPARTMENT A 20 LETTER THAT: 21 (I) DESCRIBES HOW THE GR ANT FUNDING WAS USED ; AND 22 (II) INCLUDES ANY INVOICE S RELATED TO THE 23 IMPLEMEN TATION OF THE INDUSTRY 4.0 TECHNOLOGY OR RELATE D 24 INFRASTRUCTURE . 25 (3) THE DEPARTMENT MAY REQUIR E A GRANT RECIPIENT THAT 26 FAILS TO FULFILL THE REQUIREMENTS OF THE GRANT TO RETURN ALL OR PART OF 27 THE GRANT TO THE PROGRAM. 28 5–2303. 29 (A) (1) THERE IS AN INDUSTRY 4.0 TECHNOLOGY GRANT FUND. 30 (2) THE SECRETARY SHALL ADMIN ISTER THE FUND. 31 SENATE BILL 906 5 (3) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 1 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 2 (II) THE STATE TREASURER SHALL HOLD THE FUND 3 SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 4 (B) THE FUND CONSISTS OF : 5 (1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND; AND 6 (2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 7 THE BENEFIT OF THE FUND. 8 (C) THE FUND MAY BE USED ONLY FOR PRO VIDING GRANTS UNDER THE 9 PROGRAM TO ELIGIBLE A PPLICANTS. 10 (D) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 11 IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 12 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 13 THE GENERAL FUND OF THE STATE. 14 (3) FOR EACH OF FISCAL YE ARS 2024 2025 THROUGH 2028, THE 15 GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 16 $10,000,000 $1,000,000 TO THE FUND. 17 5–2304. 18 THE SECRETARY SHALL ADOPT REGULATIONS NECESSARY TO CARRY O UT 19 THIS SUBTITLE. 20 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 October 1, 2023. 22