EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0864*
HOUSE BILL 864
M5, C5 4lr0448
By: Delegates Crosby and Qi
Introduced and read first time: February 2, 2024
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Energy Efficiency and Conservation Plans 2
FOR the purpose of requiring each electric company, each gas company, and the 3
Department of Housing and Community Development to develop a certain plan for 4
achieving certain energy efficiency, conservation, and greenhouse gas emissions 5
reduction targets through certain programs and services and superseding certain 6
existing energy efficiency and conservation goals; requiring the Public Service 7
Commission to encourage and promote the efficient use and conservation of energy 8
in support of certain greenhouse gas emissions reduction goals and targets in a 9
certain manner, including by requiring municipal electric or gas utilities and small 10
rural electric cooperatives to include certain programs or services as part of their 11
service to their customers as directed by the Commission; requiring the Commission 12
to establish and determine certain greenhouse gas emissions reduction targets; 13
requiring certain contractors used for certain programs under this Act to meet 14
certain job requirements; requiring the Department of Housing and Community 15
Development to develop a plan to coordinate and leverage funding sources to support 16
certain energy efficiency and other home upgrades; requiring the Department of the 17
Environment to prepare and submit to the Commission a certain analysis; requiring 18
each electric company and each gas company to promote certain rebates, tax credits, 19
and incentives; requiring the certification agency designated by the Board of Public 20
Works and the Governor’s Office of Small, Minority, and Women Business Affairs, 21
in consultation with the Department of Housing and Community Development, the 22
Office of the Attorney General, and the General Assembly to study certain energy 23
efficiency and conservation services and submit its findings on or before a certain 24
date; and generally relating to the efficient use and conservation of energy in support 25
of greenhouse gas emissions reduction goals and targets. 26
BY repealing 27
Article – Public Utilities 28
Section 7–211 and 7–211.1 29
Annotated Code of Maryland 30 2 HOUSE BILL 864
(2020 Replacement Volume and 2023 Supplement) 1
BY renumbering 2
Article – Public Utilities 3
Section 7–211.2 4
to be Section 7–315 5
Annotated Code of Maryland 6
(2020 Replacement Volume and 2023 Supplement) 7
BY adding to 8
Article – Public Utilities 9
The new part designation “Part I. In General” to immediately precede Section 7–201; 10
and Section 7–220 through 7–228 to be under the new part “Part II. Energy 11
Efficiency and Conservation Plans” 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Corporations and Associations 16
Section 5–637(b) 17
Annotated Code of Maryland 18
(2014 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Public Utilities 21
Section 7–510.3(j)(2) 22
Annotated Code of Maryland 23
(2020 Replacement Volume and 2023 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – State Government 26
Section 9–20B–05(f)(4) 27
Annotated Code of Maryland 28
(2021 Replacement Volume and 2023 Supplement) 29
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 30
That Section(s) 7–211 and 7–211.1 of Article – Public Utilities of the Annotated Code of 31
Maryland be repealed. 32
SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 7 –211.2 of Article 33
– Public Utilities of the Annotated Code of Maryland be renumbered to be Section(s) 7–315. 34
SECTION 3. AND BE IT FURTHER ENACTED, That the new part designation 35
“Part I. In General” be added to immediately precede Section 7–201 of Article – Public 36
Utilities of the Annotated Code of Maryland. 37
HOUSE BILL 864 3
SECTION 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Corporations and Associations 3
5–637. 4
(b) A member–regulated cooperative is subject to the following provisions of the 5
Public Utilities Article: 6
(1) § 5–103; 7
(2) § 5–201; 8
(3) § 5–202; 9
(4) § 5–303; 10
(5) § 5–304; 11
(6) § 5–306; 12
(7) § 7–103; 13
(8) § 7–104; 14
(9) § 7–203; 15
(10) § 7–207; 16
(11) TITLE 7, SUBTITLE 2, PART II; 17
(12) § 7–302; 18
[(12)] (13) Title 7, Subtitle 5, Part I and Part II; 19
[(13)] (14) Title 7, Subtitle 7; and 20
[(14)] (15) § 13–101. 21
Article – Public Utilities 22
7–218. RESERVED. 23
7–219. RESERVED. 24
4 HOUSE BILL 864
PART II. ENERGY EFFICIENCY AND CONSERVATION PLANS. 1
7–220. 2
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(B) “BEHIND–THE–METER PROGRAM ” MEANS A PROGRAM THAT IMPACTS 5
THE CUSTOMER SIDE OF THE UTILITY METER . 6
(C) “BENEFICIAL ELECTRIFIC ATION” MEANS THE REPLACEMEN T OF THE 7
DIRECT USE OF FOSSIL FUELS IN BUIL DINGS WITH THE USE OF ELECTRICITY IN A 8
MANNER THAT: 9
(1) REDUCES OVERALL LIFE TIME GREENHOUSE GAS EMISSIONS; 10
(2) REDUCES CUSTOMERS ’ ENERGY COSTS ; OR 11
(3) ENABLES BETTER MANAG EMENT OF THE ELECTRI C 12
DISTRIBUTION SYSTEM . 13
(D) “CARBON DIOXIDE EQUIVA LENT” MEANS THE MEASUREMEN T OF A 14
GIVEN WEIGHT OF A GREENHOUSE GAS THAT HAS THE SAME GLOBAL WARMING 15
POTENTIAL, MEASURED OVER A SPEC IFIC PERIOD OF TIME , AS 1 METRIC TON OF 16
CARBON DIOXIDE . 17
(E) “DEMAND RESPONSE PROGR AM” MEANS A PROGRAM ESTA BLISHED BY 18
AN ELECTRIC COMPANY , AN ELECTRICITY SUPPL IER, OR A THIRD PARTY THA T 19
PROMOTES CHANGES IN ELECTRIC USAGE BY CU STOMERS FROM THEIR N ORMAL 20
CONSUMPTION PATTERNS IN RESPONSE TO: 21
(1) CHANGES IN THE PRICE OF ELECTRICITY OVER TIME; OR 22
(2) INCENTIVES DESIGNED TO: 23
(I) INDUCE LOWER ELECTRI CITY USE AT TIMES OF HIGH 24
WHOLESALE MARKET PRI CES; OR 25
(II) ENSURE SYSTEM RELIABILITY . 26
(F) “DEPARTMENT ” MEANS THE DEPARTMENT OF HOUSING AND 27
COMMUNITY DEVELOPMENT . 28
HOUSE BILL 864 5
(G) “ENERGY EFFICIENCY ” MEANS THE USE OF LES S ENERGY TO PERFORM 1
THE SAME TASK OR PRO DUCE THE SAME RESULT . 2
(H) “FRONT–OF–METER COMMUNITY PROG RAM” MEANS A PROGRAM THAT : 3
(1) IS SEPARATE FROM FRO NT–OF–METER UTILITY P ROGRAMS; 4
(2) IMPACTS THE UTILITY SIDE OF THE METER ; AND 5
(3) DIRECTLY BENEFITS A SET OF CUSTOMERS . 6
(I) “FRONT–OF–METER UTILITY PROGRA M” MEANS A PROGRAM THAT 7
IMPACTS THE UTILITY SIDE OF A METER AND BENEFITS ALL UTILITY CUSTOMERS . 8
(J) “GREENHOUSE G AS” INCLUDES: 9
(1) CARBON DIOXIDE ; 10
(2) METHANE; 11
(3) NITROUS OXIDE ; 12
(4) HYDROFLUOROCARBONS ; 13
(5) PERFLUOROCARBONS ; AND 14
(6) SULFUR HEXAFLUORIDE . 15
(K) “GREENHOUSE GAS EMISSI ONS REDUCTION ” MEANS A REDUCTION IN 16
GREENHOUSE GAS EMISS IONS, MEASURED IN METRIC T ONS OF CARBON DIOXID E 17
EQUIVALENTS , INCLUDING: 18
(1) GREENHOUSE GAS EMISS IONS FROM THE GENERA TION OF 19
ELECTRICITY DELIVERE D TO AND CONSUMED IN THE STATE; AND 20
(2) LINE LOSSES FROM THE TRANSMISSION AND DIS TRIBUTION OF 21
ELECTRICITY, REGARDLESS OF WHETHE R THE ELECTRICITY IS GENERATED IN THE 22
STATE OR IMPORTED . 23
(L) “LOW–INCOME PROGRAM ” MEANS A PROGRAM THAT DELIVERS ENERGY 24
EFFICIENCY, CONSERVATION , AND GREENHOUSE GAS E MISSIONS REDUCTION 25
MEASURES TO REDUCE U TILITY EXPENSES FOR BUILDING OWNERS, MANAGERS, AND 26
TENANTS OF HOUSING W ITH RESIDENTS WHO QU ALIFY FOR THE DEPARTMENT ’S 27
LOW–INCOME ASSISTANCE PR OGRAMS, INCLUDING: 28
6 HOUSE BILL 864
(1) THE EMPOWER MARYLAND LIMITED INCOME ENERGY 1
EFFICIENCY PROGRAM; 2
(2) THE MULTIFAMILY ENERGY EFFICIENCY AND HOUSING 3
AFFORDABILITY PROGRAM; AND 4
(3) THE WEATHERIZATION ASSISTANCE PROGRAM. 5
(M) “LOW–INCOME RESIDENTIAL ” MEANS A COMMUNITY , BUILDING, OR 6
HOUSEHOLD WITH RESID ENTS THAT: 7
(1) HAVE INCOMES BELOW 250% OF THE FEDERAL POVER TY LEVEL 8
AS DETERMINED BY THE FEDERAL CENSUS; OR 9
(2) MEET THE ELIGIBILITY CRITERIA APPROVED BY THE 10
COMMISSION FOR LOW –INCOME PROGRAMS . 11
(N) “NONENERGY PROGRAM ” MEANS A PROGRAM WITH GREENHOUSE GAS 12
EMISSIONS REDUCTION BENEFITS THAT ARE PR IMARILY 13
NONENERGY –BASED. 14
(O) “PLAN” MEANS ANY COMBINATION OF BEHIN D–THE–METER PROGRAMS , 15
FRONT–OF–METER COMMUNITY PROG RAMS, FRONT–OF–METER UTILITY 16
PROGRAMS, OR NONENERGY PROGRAM S THAT: 17
(1) ACHIEVE GREENHOUSE G AS EMISSIONS REDUCTI ONS THROUGH 18
ENERGY EFFICIENCY , CONSERVATION , DEMAND RESPONSE , AND BENEF ICIAL 19
ELECTRIFICATION ; AND 20
(2) INCLUDE A COST RECOV ERY PROPOSAL . 21
(P) “TASK FORCE” MEANS THE GREEN AND HEALTHY TASK FORCE 22
ESTABLISHED UNDER § 7–315 OF THIS TITLE. 23
7–221. 24
THE GENERAL ASSEMBLY FINDS AND DE CLARES THAT ENERGY E FFICIENCY 25
IS: 26
(1) AMONG THE LEAST EXPENSIVE WAYS TO MEET THE ENE RGY 27
DEMANDS OF THE STATE; 28
(2) A MEANS OF AFFORDABL E, RELIABLE, AND CLEAN ENERGY FOR 29
CONSUMERS OF MARYLAND; AND 30 HOUSE BILL 864 7
(3) ONE METHOD TO ACHIEV E MARYLAND’S CLIMATE COMMITMENT S 1
FOR REDUCING STATEWI DE GREENHOUSE GAS EM ISSIONS, INCLUDING THOSE 2
SPECIFIED IN TITLE 2, SUBTITLE 12 OF THE ENVIRONMENT ARTICLE. 3
7–222. 4
(A) SUBJECT TO REVIEW AND APPROVAL BY THE COMMISSION, EACH 5
ELECTRIC COMPANY , EACH GAS COMPANY , AND THE DEPARTMENT SHALL DEVELOP 6
AND IMPLEMENT PROGRA MS AND SERVICES IN A CCORDANCE WITH §§ 7
7–223, 7–224, AND 7–225 OF THIS SUBTITLE TO ENCOURAGE AND PROMOT E THE 8
EFFICIENT USE AND CO NSERVATION OF ENERGY , DEMAND RESPONSE , AND 9
BENEFICIAL ELECTRIFI CATION BY CONSUMERS , ELECTRIC COMPANIES, GAS 10
COMPANIES, AND THE DEPARTMENT IN SUPPORT OF THE GR EENHOUSE GAS 11
EMISSIONS REDUCTION GOALS AND TARGETS SP ECIFIED IN TITLE 2, SUBTITLE 12 12
OF THE ENVIRONMENT ARTICLE. 13
(B) AS DIRECTED BY THE COMMISSION, EACH MUNICIPAL ELECT RIC OR GAS 14
UTILITY AND EACH SMALL RURAL E LECTRIC COOPERATIVE SHALL INCLUDE ENERGY 15
EFFICIENCY AND CONSE RVATION, DEMAND RESPONSE , AND BENEFICIAL 16
ELECTRIFICATION PROGRAMS OR SERVICES AS PART OF THEIR SER VICE TO THEIR 17
CUSTOMERS . 18
(C) THE COMMISSION SHALL ENCO URAGE AND PROMOTE TH E EFFICIENT 19
USE AND CONSERVATION OF ENERGY IN SUPPORT OF THE GREENHOUSE GA S 20
EMISSIONS REDUCTION GOALS AND TARGETS SP ECIFIED IN TITLE 2, SUBTITLE 12 21
OF THE ENVIRONMENT ARTICLE, ESTABLISHED BY THE COMMISSION UNDER § 22
7–223(B) OF THIS SUBTITLE, AND SPECIFIED IN § 7–224(A)(2) OF THIS SUBTITLE BY: 23
(1) REQUIRING EACH ELECT RIC COMPANY AND GAS COMPANY TO 24
ESTABLISH ANY PROGRA M OR SERVICE THAT TH E COMMISSION DETERMINES TO BE 25
APPROPRIATE AND COST –EFFECTIVE; 26
(2) ADOPTING RATE –MAKING POLICIES THAT PROVIDE, THROUGH A 27
SURCHARGE LINE ITEM ON CUSTOMER BILLS : 28
(I) FULL COST RECOVERY OF REA SONABLY INCURRED COS TS 29
FOR PROGRAMS AND SER VICES ESTABLISHED UN DER ITEM (1) OF THIS SUBSECTION , 30
INCLUDING FULL RECOV ERY ON A CURRENT BAS IS ON OR BEFORE JANUARY 1, 2028; 31
(II) ON OR BEFORE DECEMBER 31, 2032, THE ELIMINATION OF 32
ANY UNPAID COSTS AND UNAMORTIZED COSTS TH AT: 33
1. A. EXISTED ON DECEMBER 31, 2024; OR 34 8 HOUSE BILL 864
B. WERE INCURRED BEFORE JANUARY 1, 2028; AND 1
2. WERE ACCRUED FOR THE PURPOSE OF ACHIEVING 2
STATUTORY TARGETS FOR ANNUAL INCREMENT AL GROSS ENERGY SAVI NGS; 3
(III) COMPENSATION FOR ANY UNPAID COSTS AND 4
UNAMORTIZED COSTS UN DER ITEM (II) OF THIS ITEM AT NO T MORE THAN EACH 5
ELECTRIC COMPANY ’S AND EACH GAS COMPA NY’S AVERAGE COST OF OU TSTANDING 6
DEBT; AND 7
(IV) REASONABLE FINANCIAL PERFORMANCE INCENTIV ES AND 8
PENALTIES FOR INVEST OR–OWNED ELECTRIC COMPA NIES AND GAS COMPANI ES, AS 9
APPROPRIATE ; AND 10
(3) ENSURING THAT ADOPTI ON OF ELECTRIC CUSTO MER CHOICE 11
UNDER SUBTITLE 5 OF THIS TITLE AND GA S CUSTOMER CHOICE UN DER SUBTITLE 6 12
OF THIS TITLE DO ES NOT ADVERSELY IMPACT THESE GOALS AND TARG ETS. 13
7–223. 14
(A) ON OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL , BY 15
REGULATION OR ORDER , REQUIRE EACH ELECTRI C COMPANY AND EACH G AS 16
COMPANY TO DEVELOP AND IMPLE MENT A PLAN THAT : 17
(1) COVERS EACH RATEPAYE R CLASS; 18
(2) COVERS A 3–YEAR PROGRAM CYCLE ; AND 19
(3) ACHIEVES THE GREENHO USE GAS EMISSIONS RE DUCTION 20
TARGET ESTABLISHED F OR THE ELECTRIC COMP ANY OR GAS COMPANY U NDER 21
SUBSECTION (B) OF THIS SECTION THRO UGH COST–EFFECTIVE ENERGY EFFICIENCY 22
AND CONSERVATION PRO GRAMS AND SERVICES , DEMAND RESPONSE PROG RAMS 23
AND SERVICES, AND BENEFICIAL ELECT RIFICATION PROGRAMS AND SERVICES. 24
(B) (1) FOR EACH 3–YEAR PROGRAM CYCLE , THE COMMISSION SHALL 25
ESTABLISH A GREENHOU SE GAS EMISSIONS RED UCTION TAR GET FOR EACH 26
ELECTRIC COMPANY AND EACH GAS COMPANY AS PROVIDED IN THIS SUB SECTION. 27
(2) WHEN ESTABLISHING GRE ENHOUSE GAS EMISSION S REDUCTION 28
TARGETS UNDER THIS S UBSECTION, THE COMMISSION SHALL MEAS URE THE 29
GREENHOUSE GAS EMISS IONS FROM ELECTRICIT Y USING DATA OBTAINED FROM 30
PJM INTERCONNECTION ON MA RGINAL GREENHOUSE GA S EMISSIONS RATES FR OM 31
THE PREVIOUS YEAR . 32 HOUSE BILL 864 9
(3) AS A BASELINE FOR DET ERMINING GREENHOUSE GAS EMISSIONS 1
REDUCTIONS UNDER THI S SUBSECTION , THE COMMISSION SHALL USE THE 2
GREENHOUSE GAS EMISS IONS RESULTING FROM THE DI RECT CONSUMPTION OF GAS 3
AND ELECTRICITY IN MARYLAND BUILDINGS IN 2020, AS DETERMINED BY THE 4
DEPARTMENT OF THE ENVIRONMENT . 5
(4) FOR THE PERIOD 2025–2033, THE COMMISSION SHALL 6
DETERMINE AN OVERALL STATEWIDE GREENHOUSE GAS EMISSIONS RED UCTION 7
TARGET BASED ON AN A VERAGE ANNUAL REDUCT ION OF AT LEAST 1.8% OF THE 8
BASELINE DETERMINED UNDER PARAGRAPH (3) OF THIS SUBSECTION . 9
(C) THE COMMISSION MAY GIVE PRIORITY TO LONG–LIVED GREENHOUSE 10
GAS EMISSIONS REDUCT ION MEASURES IN THE PLANS BY ESTABLIS HING A MINIMUM 11
WEIGHTED AVERAGE MEA SURE LIFE FOR THE PL AN OF EACH ELECTRIC COMPANY 12
AND GAS COMPANY . 13
(D) CONTRIBUTIONS TO GREE NHOUSE GAS EMISSIONS REDUCTION GOALS 14
AND TARGETS IN A PLA N OF AN ELECTRIC COM PANY OR A GAS COMPAN Y: 15
(1) MAY, NOTWITHSTANDING § 7–222(C)(2) OF THIS SUBTITLE , 16
INCLUDE RECOVERY OF THE REASONABLE AND P RUDENT COSTS FROM PR OGRAMS 17
THAT ARE NOT BEHIND –THE–METER PROGRAMS IN A BASE RATE PROCE EDING, 18
SUBJECT TO COMMISSION APPROVAL ; AND 19
(2) MAY NOT INCLUDE THE INCREASED ADOPTION O F ELECTRIC 20
VEHICLES. 21
(E) BEGINNING JANUARY 1, 2025, AT LEAST 80% OF THE GREENHOUSE GA S 22
EMISSIONS REDUCTIONS COUNTED TOWARD EACH ELECTRIC COMPANY ’S AND EACH 23
GAS COMPANY ’S GREENHOUSE GAS EMI SSIONS REDUCTION TAR GETS ESTABLISHED 24
UNDER THIS SECTION S HALL COME FROM BEH IND–THE–METER PROGRAMS . 25
7–224. 26
(A) (1) BEGINNING JANUARY 1, 2025, AND EVERY 3 YEARS THEREAFTER , 27
THE DEPARTMENT SHALL PROC URE OR PROVIDE TO LO W– AND MODERATE –INCOME 28
INDIVIDUALS ENERGY E FFICIENCY AND CONSERVATION PROGRAM S AND SERVICES, 29
DEMAND RESPONSE PROGRAMS AND SERVICE S, AND BENEFICIAL ELECT RIFICATION 30
PROGRAMS AND SERVICE S THAT ACHIEVE THE GREENHOUSE GAS EMISS IONS 31
REDUCTION TARGETS ES TABLISHED FOR THE DEPARTMENT UNDER PARA GRAPH (2) 32
OF THIS SUBSECTION . 33
10 HOUSE BILL 864
(2) FOR THE PERIOD 2025–2033, THE PROGRAMS AND SERVICES 1
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION S HALL BE ON A 2
TRAJECTORY TO ACHIEV E GREENHOUSE GAS RED UCTIONS AFTER 2027 OF AT LEAST 3
0.9% OF THE BASELINE DETE RMINED UNDER SUBSECT ION (B) OF THIS SECTION. 4
(3) THE GREENHOUSE GAS RE DUCTIONS ACHIEVED TO MEET THE 5
TARGETS ESTABLISHED UNDER PARAGRAPH (2) OF THIS SUBSECTION S HALL COUNT 6
TOWARD THE ACHIEVEME NT OF THE GREENHOUSE GAS REDUCTION TARGET 7
ESTABLISHED UNDER § 7–223(B) OF THIS SUBTITLE . 8
(B) AS A BASELINE FOR DET ERMINING GREENHOUSE GAS EMISSIONS 9
REDUCTION TARGETS UN DER THIS SECTION , THE COMMISSION SHALL USE THE 10
GREENHOUSE EMISSIONS RESULTING FROM THE D IRECT CONSUMPTION OF GAS AND 11
ELECTRICITY BY LOW – AND MODERATE –INCOME RESIDENTIAL H OUSEHOLDS IN 12
2020, AS DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT. 13
(C) (1) THE DEPARTMENT MAY PROCUR E OR PROVIDE SAVINGS THAT 14
ARE ACHIEVED THROUGH FUNDING SOURCES THAT MEET THE STANDARDS O F 15
PROGRAM FUNDING THRO UGH UTILITY RATES OR THE U.S. DEPARTMENT OF 16
ENERGY. 17
(2) THE DEPARTMENT MAY USE TH E SAVINGS ACHIEV ED THROUGH 18
ALL FUNDING SOURCES TOWARD CALCULATING T HE TARGETED GREENHOU SE GAS 19
REDUCTIONS IF THE FU NDING SOURCES MEET T HE STANDARDS OF PROG RAMS 20
FUNDED THROUGH : 21
(I) A SURCHARGE UNDER § 7–222 OF THIS SUBTITLE; OR 22
(II) THE U.S. DEPARTMENT OF ENERGY. 23
(D) ON OR BEFORE SEPTEMBER 1 EVERY 3 YEARS, BEGINNING IN 2024, THE 24
DEPARTMENT SHALL SUBM IT ITS PLANS FOR ANY PROGRAMS OR SERV ICES 25
PROCURED OR PROVIDED UNDER SUBSECTION (A) OF THIS SECTION TO THE 26
COMMISSION FOR REVIEW AND APPROVAL UNDER § 7–225 OF THIS SUBTITLE. 27
(E) FOR WEATHERIZATION OF LEASED OR RENTED RES IDENCES, THE 28
DEPARTMENT SHALL ADOP T REGULATIONS TO ENS URE THAT: 29
(1) THE BENEFITS OF WEAT HERIZATION ASSISTANC E, INCLUDING 30
UTILITY BILL REDUCTI ON AND PRESERVATION OF AFFORDAB LE HOUSING STOCK , 31
ACCRUE PRIMARILY TO LOW–INCOME TENANTS OCCUP YING A LEASED OR REN TED 32
RESIDENCE; AND 33
HOUSE BILL 864 11
(2) THE RENT ON THE RESI DENCE IS NOT INCREAS ED AND THE 1
TENANT IS NOT EVICTE D AS A RESULT OF WEA THERIZATION PROVIDED UNDER THIS 2
SECTION. 3
(F) THE PROGRAMS AND SERVICE S PROVIDED UNDER SUB SECTION (A) OF 4
THIS SECTION MAY NOT USE THERMAL INSULATI NG MATERIALS FOR BUILDING 5
ELEMENTS, INCLUDING WALLS , FLOORS, CEILINGS, ATTICS, AND ROOF INSULATION , 6
THAT CONTAIN FORMALD EHYDE IF THE FORMALDEHYDE : 7
(1) WAS INTENTIONALLY ADDED ; OR 8
(2) IS PRESENT IN THE PR ODUCT AT GREATER THA N 0.1% BY WEIGHT. 9
(G) THE DEPARTMENT ’S APPROVED CONTRACTO RS USED FOR THE 10
PROGRAMS UNDER THIS SECTION SHALL MEET T HE FOLLOWING JOB 11
REQUIREMENTS : 12
(1) PAY AT LEAST 150% OF THE STATE MINIMUM WAGE ; 13
(2) PROVIDE CAREER ADVAN CEMENT TRAINING ; 14
(3) AFFORD EMPLOYEES THE RIGHT TO BARGAIN COL LECTIVELY FOR 15
WAGES AND BENEFITS ; 16
(4) PROVIDE PAID LEAVE ; 17
(5) BE CONSIDERED COVERE D EMPLOYMENT FOR PUR POSES OF 18
UNEMPLOYMENT INSURAN CE BENEFITS IN ACCORDANCE WITH TITLE 8 OF THE 19
LABOR AND EMPLOYMENT ARTICLE; 20
(6) ENTITLE THE EMPLOYEE TO WORKERS’ COMPENSATION BENEFIT S 21
IN ACCORDANCE WITH TITLE 9 OF THE LABOR AND EMPLOYMENT ARTICLE; 22
(7) BE COMPLIANT WITH FE DERAL AND STATE WAGE AND HOUR L AWS 23
FOR THE PREVIOUS 3 YEARS; 24
(8) OFFER EMPLOYER –PROVIDED HEALTH INSU RANCE BENEFITS 25
WITH MONTHLY PREMIUM S THAT DO NOT EXCEED 8.5% OF THE EMPLOYEE ’S NET 26
MONTHLY EARNINGS ; AND 27
(9) OFFER RETIREMENT BEN EFITS. 28
12 HOUSE BILL 864
(H) (1) THE DEPARTMENT SHALL DEVE LOP A PLAN TO COORDI NATE 1
FUNDING SOURCES AND LEVERAGE THE GREATES T FUNDING POSSIBLE T O SUPPORT 2
A WHOLE HOME APPROAC H BY ADDRESSING : 3
(I) HEALTH AND SAFETY UP GRADES; 4
(II) WEATHERIZATION ; 5
(III) ENERGY EFFICIENCY ; AND 6
(IV) OTHER GENERAL MAINTE NANCE FOR LOW –INCOME 7
HOUSING. 8
(2) THE PLAN SHALL COORDI NATE FUNDING AMONG : 9
(I) THE STRATEGIC ENERGY INVESTMENT FUND; 10
(II) FEDERAL WEATHERIZATI ON ASSISTANCE PROGRA MS; 11
(III) RATEPAYER CONTRIBUTI ONS TO: 12
1. THE EMPOWER MARYLAND LIMITED INCOME 13
ENERGY EFFICIENCY PROGRAM; AND 14
2. THE MULTIFAMILY ENERGY EFFICIENCY AND 15
HOUSING AFFORDABILITY PROGRAM; 16
(IV) THE MARYLAND AFFORDABLE HOUSING TRUST FUND; 17
(V) U.S. DEPARTMENT OF HOUSING AND URBAN 18
DEVELOPMENT PROGRAMS , INCLUDING: 19
1. COMMUNITY DEVELOPMENT BLOCK GRANTS; 20
2. THE HOME INVESTMENT PARTNERSHIP GRANTS 21
PROGRAM; AND 22
3. LEAD HAZARD CONTROL AND HEALTHY HOMES 23
GRANTS; 24
(VI) U.S. DEPARTMENT OF AGRICULTURE PROGRAMS , 25
INCLUDING THE HOME REPAIR PROGRAM; 26
(VII) THE HEALTHY HOMES FOR HEALTHY KIDS PROGRAM; 27
HOUSE BILL 864 13
(VIII) THE ENERGY EFFICIENCY AND CONSERVATION BLOCK 1
GRANT PROGRAM ; 2
(IX) STATE APPROPRIATIONS ; 3
(X) FUNDS FROM THE FEDER AL INFLATION REDUCTION ACT OF 4
2022; AND 5
(XI) ANY OTHER SOURCE OF FUNDING THAT THE DEPARTMENT 6
OR THE TASK FORCE IDENTIFIES. 7
(3) THE DEPARTMENT SHALL ENSU RE, FOR ANY WHOLE HOME 8
RETROFITS ASSOCIATED WITH WEATHERIZATION PROVIDED OR DEVELOPE D UNDER 9
THE PLAN, THAT: 10
(I) THERE IS A SINGLE PO INT OF CONTACT FOR L OW– AND 11
MODERATE–INCOME RESIDENTIAL H OUSEHOLDS ; AND 12
(II) SERVICES ARE OFFERED IN ANY LANGUAGE NEED ED BY THE 13
LOW– AND MODERATE –INCOME RESIDENTIAL H OUSEHOLDS . 14
(4) THE DEPARTMENT SHALL COLL ABORATE WITH THE MEM BERS OF 15
THE TASK FORCE AND IDENTIFY OT HER INTERESTED PARTIES TO DEVELOP THE 16
PLAN. 17
(5) ON OR BEFORE DECEMBER 31, 2024, THE DEPARTMENT SHALL 18
SUBMIT THE PLAN TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 19
STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 20
(I) THE DEPARTMENT , THE MARYLAND ENERGY ADMINISTRATION , AND 21
OTHER STATE UNITS SHALL APPLY F OR ALL FEDERAL FUNDI NG THAT MAY BECOME 22
AVAILABLE TO CARRY O UT THIS SECTION. 23
(J) (1) THE DEPARTMENT SHALL COLL ABORATE WITH THE MEM BERS OF 24
THE TASK FORCE TO DEVELOP A PL AN, INCLUDING A BUDGET , A TIMELINE, AND 25
POTENTIAL FUNDING SO URCES, TO PROVIDE ENERGY EFFICIENCY RETROFITS TO 26
ALL LOW–INCOME HOUSEHOLDS BY 2032. 27
(2) ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT , IN 28
COLLABORATION WITH T HE TASK FORCE, SHALL SUBMIT THE PLA N TO THE 29
GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 30
ARTICLE. 31
7–225. 32 14 HOUSE BILL 864
(A) AS SOON AS POSSIBLE I N 2024, AND AT LEAST 8 MONTHS BEFORE THE 1
FILING DEADLINE FOR PLANS AFTER 2024, THE COMMISSION SHALL ISSU E AN 2
ORDER THAT FULLY ALL OCATES AMONG ELECTRI C COMPANIES , GAS COMPANIES , 3
AND THE DEPARTMENT THE TOTAL AMOUNT OF THE OVERALL STATE WIDE 4
GREENHOUSE GAS EMISS IONS REDUCTION TARGE T DETERMINED UNDER § 7–223(B) 5
OF THIS SUBTITLE AND THE GREENHOUSE GAS E MISSIONS REDUCTIONS SPECIFIED 6
IN § 7–224(A)(2) OF THIS SUBTITLE. 7
(B) (1) (I) ON OR BEFORE JULY 1 EVERY 3 YEARS, BEGINNING IN 2024, 8
EACH ELECTRIC COMPAN Y AND EACH GAS COMPA NY THAT SUBMITTED A PLA N FOR 9
ACHIEVING ELECTRICIT Y SAVINGS AND DEMAND REDUCTION TARGETS TO THE 10
COMMISSION BEFORE JULY 1, 2024, AND THE DEPARTMENT SHALL CONS ULT WITH 11
THE TECHNICAL STAFF OF THE COMMISSION, THE OFFICE OF PEOPLE’S COUNSEL, 12
THE MARYLAND ENERGY ADMINISTRATION , AND THE DEPARTMENT OF THE 13
ENVIRONMENT REGARDING THE DESIGN AND ADEQU ACY OF ITS PLANS FOR 14
ACHIEVING THE GREENH OUSE GAS EMISSIONS R EDUCTION TARGETS EST ABLISHED 15
BY THE COMMISSION UNDER § 7–223(A) OF THIS SUBTITLE AND SPECIFIED IN § 16
7–224(A)(2) OF THIS SUBTITLE. 17
(II) ON OR BEFORE OCTOBER 1, 2024, AND ON OR BEFORE JULY 18
1 EVERY 3 YEARS, BEGINNING IN 2027, EACH ELECTRIC COMPANY AND EA CH GAS 19
COMPANY THAT DID NOT SUBMIT A PLAN FOR AC HIEVING ELECTRICITY SAVINGS 20
AND DEMAND REDUCTION TARGETS TO THE COMMISSION BEFORE JULY 1, 2024, 21
SHALL COMPLY WITH TH E CONSULTING REQUIRE MENTS UNDER SUBPARAG RAPH (I) 22
OF THIS PARAGRAPH . 23
(2) EACH ELECTRIC COMPANY , EACH GAS COMPANY , AND THE 24
DEPARTMENT SHALL PROV IDE THE TECHNICAL ST AFF OF THE COMMISSION, THE 25
OFFICE OF PEOPLE’S COUNSEL, THE MARYLAND ENERGY ADMINISTRATION , AND 26
THE DEPARTMENT OF THE ENVIRONMENT WITH ANY ADDITIONAL INFORMATI ON 27
REGARDING ITS PLAN , AS REQUESTED . 28
(C) (1) (I) ON OR BEFORE SEPTEMBER 1 EVERY 3 YEARS, BEGINNING 29
IN 2024, EACH ELECTRIC COMPAN Y AND EACH GAS COMPANY THAT SUBMITTED A 30
PLAN FOR ACHIEVING E LECTRICITY SAVINGS A ND DEMAND REDUCTION TARGETS TO 31
THE COMMISSION BEFORE JULY 1, 2024, AND THE DEPARTMENT SHALL SUBM IT ITS 32
PLAN TO THE COMMISSION. 33
(II) ON OR BEFORE DECEMBER 1, 2024, AND ON OR BEFORE 34
SEPTEMBER 1 EVERY 3 YEARS, BEGINNING IN 2027, EACH ELECTRIC COMPAN Y AND 35
EACH GAS COMPANY THA T DID NOT SUBMIT A P LAN FOR ACHIEVING ELECTRIC ITY 36 HOUSE BILL 864 15
SAVINGS AND DEMAND R EDUCTION TARGETS TO THE COMMISSION BEFORE JULY 1, 1
2024, SHALL SUBMIT ITS PLA N TO THE COMMISSION. 2
(2) EACH PLAN SHALL DETAI L A PROPOSAL FOR ACH IEVING 3
GREENHOUSE GAS EMISS IONS REDUCTION TARGE TS FOR 3 SUBSEQUENT CALENDAR 4
YEARS. 5
(3) (I) EACH PLAN SHALL : 6
1. INCLUDE: 7
A. A DESCRIPTION OF THE PROPOSED PROGRAMS AN D 8
SERVICES; 9
B. ANTICIPATED COSTS ; 10
C. PROJECTED BENEFITS , INCLUDING GREENHOUSE 11
GAS EMISSIONS REDUCT IONS, ELECTRICITY SAVINGS , AND GAS SAVINGS; AND 12
D. ANY OTHER INFORMATIO N REQUESTED BY THE 13
COMMISSION; AND 14
2. ADDRESS RESIDENTIAL , COMMERCIAL , AND 15
INDUSTRIAL SECTORS A S APPROPRIATE , INCLUDING LOW –INCOME COMMUNITIES 16
AND LOW– TO MODERATE –INCOME COMMUNITIES . 17
(II) A PLAN OF THE DEPARTMENT SHALL INCLUD E A 18
DEFINITION OF “LOW– OR MODERATE –INCOME INDIVIDUAL ” TO BE USED IN THE 19
PROCUREMENT OR PROVI SION OF ENERGY EFFIC IENCY, CONSERVATION , AND 20
GREENHOUSE GAS EMISS IONS REDUCTION PROGR AMS AND SERVICES . 21
(D) (1) THE COMMISSION SHALL REVI EW THE PLAN OF EACH ELECT RIC 22
COMPANY, EACH GAS COMPANY , AND THE DEPARTMENT TO DETERMI NE WHETHER 23
THE PLAN IS ADEQUATE AND COST–EFFECTIVE IN ACHIEVI NG THE GREENHOUSE 24
GAS EMISSIONS REDUCT ION TARGETS ESTABLIS HED BY THE COMMISSION UNDER § 25
7–223(B) OF THIS SUBTITLE A ND SPECIFIED IN § 7–224(A)(2) OF THIS SUBTITLE. 26
(2) THE COMMISSION SHALL CONS IDER ANY WRITTEN FIN DINGS 27
PROVIDED BY THE MARYLAND ENERGY ADMINISTRATION , THE DEPARTMENT OF 28
THE ENVIRONMENT , AND THE OFFICE OF PEOPLE’S COUNSEL REGARDING THE 29
DESIGN AND ADEQUAC Y OF THE PLAN. 30
16 HOUSE BILL 864
(3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , IN 1
APPROVING, MODIFYING, OR DENYING THE PLAN OF AN ELECTRIC COMPA NY OR A 2
GAS COMPANY , THE COMMISSION SHALL CONS IDER: 3
(I) THE COST –EFFECTIVENESS OF THE RESIDENTIAL, 4
COMMERCIAL , AND INDUSTRIAL SECTOR SUBPORT FOLIOS BY USING: 5
1. THE PRIMARY STATE JURISDICTION –SPECIFIC TEST, 6
AS DEVELOPED , UPDATED, OR APPROVED BY THE COMMISSION, TO DETERMINE THE 7
COST–EFFECTIVENESS OF A P ROGRAM OR SERVICE PR OSPECTIVELY, INCLUDING 8
CONSIDERATION OF : 9
A. PARTICIPANT NONENERG Y BENEFITS; 10
B. UTILITY NONENERGY BE NEFITS; AND 11
C. SOCIETAL NONENERGY B ENEFITS; AND 12
2. A TOTAL RESOURCE COS T TEST TO COMPARE TH E 13
ELECTRICITY SAVINGS AND DEMAND REDUCTION TARGETS OF THE PROGR AM OR 14
SERVICE WITH THE RES ULTS OF SIMILAR PROGRAMS O R SERVICES IMPLEMENT ED 15
IN OTHER JURISDICTIO NS, INCLUDING: 16
A. PARTICIPANT NONENERG Y BENEFITS; AND 17
B. UTILITY NONENERGY BE NEFITS; 18
(II) THE IMPACT ON RATES OF EACH RATEPAYER CL ASS; 19
(III) THE IMPACT ON JOBS ; 20
(IV) THE IMPACT ON THE ENVIRO NMENT; AND 21
(V) THE IMPACT ON THE GR EENHOUSE GAS EMISSIO NS 22
REDUCTION TARGETS SP ECIFIED IN TITLE 2, SUBTITLE 12 OF THE ENVIRONMENT 23
ARTICLE, ESTABLISHED BY THE COMMISSION UNDER § 7–223(B) OF THIS SUBTITLE, 24
AND SPECIFIED IN § 7–224(A)(2) OF THIS SUBTITLE. 25
(4) NONENERGY BENEFITS CO NSIDERED UNDER PARAG RAPH (3) OF 26
THIS SUBSECTION SHAL L BE QUANTIFIABLE AN D DIRECTLY RELATED T O A 27
PROGRAM OR SERVICE . 28
HOUSE BILL 864 17
(5) (I) IN APPROVING, MODIFYING, OR DENYING THE PLAN OF THE 1
DEPARTMENT , THE COMMISSION SH ALL CONSIDER: 2
1. SUBJECT TO SUBPARAGR APH (II) OF THIS 3
PARAGRAPH , THE COST–EFFECTIVENESS OF THE PLAN BY USING THE PR IMARY 4
STATE JURISDICTION –SPECIFIC TEST, AS DEVELOPED , UPDATED, OR APPROVED BY 5
THE COMMISSION; 6
2. THE IMPACT ON RATES OF EACH RATEPAYER CLASS ; 7
3. THE IMPACT ON JOBS ; 8
4. THE IMPACT ON THE EN VIRONMENT; AND 9
5. THE IMPACT ON THE GR EENHOUSE GAS EMISSIO NS 10
TARGETS SPECIFIED IN TITLE 2, SUBTITLE 12 OF THE ENVIRONMENT ARTICLE, 11
ESTABLISHED BY THE COMMISSION UNDER § 7–223(B) OF THIS SUBTITLE , AND 12
SPECIFIED IN § 7–224(A)(2) OF THIS SUBTITLE. 13
(II) THE PROGRAMS AND SERV ICES OFFERED BY THE 14
DEPARTMENT ARE NOT RE QUIRED TO BE COST –EFFECTIVE. 15
(E) THE DEPARTMENT OF THE ENVIRONMENT SHALL PRE PARE AND 16
SUBMIT TO THE COMMISSION AN ANALYSI S REGARDING THE ADEQ UACY OF THE 17
PLAN IN SUPPORTING T HE STATE’S GREENHOUSE GAS EMI SSIONS REDUCTION 18
GOALS SPECIFIED IN TITLE 2, SUBTITLE 12 OF THE ENVIRONMENT ARTICLE, 19
ESTABLISHED BY THE COMMISSION UNDER § 7–223(B) OF THIS SUBTITLE , AND 20
SPECIFIED IN § 7–224(A)(2) OF THIS SUBTITLE. 21
7–226. 22
(A) (1) EACH ELECTRIC COMPANY , EACH GAS COMPANY , AND THE 23
DEPARTMENT SHALL PROV IDE TO THE COMMISSION EVERY 6 MONTHS AN UPDATE 24
ON PLAN IM PLEMENTATION AND PRO GRESS MADE TOWARD AC HIEVING THE 25
GREENHOUSE GAS EMISS IONS REDUCTION TARGE TS ESTABLISHED BY THE 26
COMMISSION UNDER § 7–223(B) OF THIS SUBTITLE AND SPECIFIED IN § 7–224(A)(2) 27
OF THIS SUBTITLE. 28
(2) THE COMMISSION SHALL MONI TOR AND ANALYZE THE IMPACT OF 29
EACH PROGRAM AND SER VICE TO ENSURE THAT THE OUTCOME OF EACH PROGRAM 30
AND SERVICE PROVIDES THE BEST POSSIBLE RE SULTS. 31
18 HOUSE BILL 864
(3) IN MONITORING AND ANA LYZING THE IMPACT OF A PROGRAM OR 1
SERVICE UNDER PARAGR APH (2) OF THIS SUBSECTION , IF THE COMMISSION FINDS 2
THAT THE OUTCOME OF THE PROGRAM OR SERVI CE MAY NOT BE PROVID ING THE 3
BEST POSSIBLE RESULT S, THE COMMISSION SHALL DIRE CT THE ELECTRIC 4
COMPANY, THE GAS COMPANY , OR THE DEPARTMENT TO INCLUDE IN ITS NEXT 5
UPDATE UNDER PARAGRA PH (1) OF THIS SUBSECTION S PECIFIC MEASURES TO 6
ADDRESS THE FINDINGS . 7
(B) (1) AT LEAST ONCE EACH YE AR, EACH ELECTRIC COMPAN Y AND EACH 8
GAS COMPANY SHALL NOTIFY AFFECTE D CUSTOMERS OF THE E NERGY EFFICIENCY 9
AND CONSERVATION AND GREENHOUSE GAS REDUC TION CHARGES IMPOSED AND 10
BENEFITS CONFER RED. 11
(2) THE NOTICE SHALL BE P ROVIDED BY PUBLICATI ON ON THE 12
COMPANY’S WEBSITE AND INCLUS ION WITH BILLING INF ORMATION SUCH AS A B ILL 13
INSERT OR BILL MESSA GE. 14
(C) ON OR BEFORE MAY 1 EACH YEAR, THE COMMISSION SHALL REPO RT, 15
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, TO THE 16
GENERAL ASSEMBLY ON: 17
(1) THE STATUS OF PROGRA MS AND SERVICES APPR OVED UNDER 18
THIS SUBTITLE, INCLUDING AN EVALUAT ION OF THE IMPACT OF THE PROGRAMS 19
AND SERVICES THAT AR E DIRECTED TO LOW –INCOME COMMUNITIES , LOW– TO 20
MODERATE–INCOME COMMUNITIES T O THE EXTENT POSSIBL E, AND OTHER 21
PARTICULAR CLASSES O F RATEPAYERS ; 22
(2) A RECOMMENDATION FOR THE APPROPRIATE FUND ING LEVEL TO 23
ADEQUATELY FUND THES E PROGRAMS AND SERVI CES; 24
(3) THE PER CAPITA ELECT RICITY CONSUMPTION A ND THE WINTE R 25
AND SUMMER PEAK DEMA ND FOR THE PREVIOUS CALENDAR YEAR ; AND 26
(4) BEGINNING IN 2026, PROGRESS MADE TOWARD REDUCING 27
GREENHOUSE GAS EMISS IONS IN ACCORDANCE W ITH §§ 7–223 AND 7–224 OF THIS 28
SUBTITLE. 29
7–227. 30
(A) NOTWITHSTANDING ANY O THER LAW, THE COMMISSION MAY NOT 31
REQUIRE OR ALLOW AN ELECTRIC COMPANY OR A GAS COMPANY TO REQUIRE A 32
CUSTOMER TO AUTHORIZ E THE ELECTRIC COMPA NY OR GAS COMPANY TO CONTROL 33
THE AMOUNT OF THE CU STOMER’S ELECTRICITY USAGE OR GAS USAGE. 34 HOUSE BILL 864 19
(B) A CUSTOMER MAY PROVIDE CONSENT TO PARTICIPATE IN A PRO GRAM 1
OF AN ELECTRIC COMPA NY OR A GAS COMPANY THAT PROVIDES DIRECT LOAD 2
CONTROL OR OTHER UTI LITY MANIPULATION OF A CUSTOMER ’S ELECTRICITY OR 3
GAS USAGE. 4
7–228. 5
(A) EACH ELECTRIC COMPANY AND EACH GAS COMPANY SHALL PROMOTE 6
THE AVAILABILI TY OF FEDERAL AND STATE REBATES , TAX CREDITS , AND 7
INCENTIVES THAT CAN BE USED TO SUPPORT E NERGY EFFICIENCY INV ESTMENTS, 8
ENERGY EFFICIENT AND NON–FOSSIL–FUEL–POWERED APPLIANCES A ND COOKING 9
EQUIPMENT, BREAKER BOX UPGRADES , AND PORTABLE HEATING AND COOLING 10
EQUIPMENT. 11
(B) THE COMMISSION SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 12
SECTION. 13
7–510.3. 14
(j) (2) A community choice aggregator, in consultation with all 15
investor–owned electric companies whose service territories include all or part of the county 16
and the Department of Housing and Community Development, may promote energy 17
efficiency programs that are: 18
(i) offered by the investor–owned electric companies; or 19
(ii) filed by the investor–owned electric companies with the 20
Commission for its approval in accordance with [§ 7–211] SUBTITLE 2, PART II of this 21
title. 22
Article – State Government 23
9–20B–05. 24
(f) The Administration shall use the Fund: 25
(4) to provide rate relief by offsetting electricity rates of residential 26
customers, including an offset of surcharges imposed on ratepayers under [§ 7–211] TITLE 27
7, SUBTITLE 2, PART II of the Public Utilities Article; 28
SECTION 5. AND BE IT FURTHER ENACTED, That: 29
(a) The certification agency designated by the Board of Public Works under § 30
14–303(b) of the State Finance and Procurement Article and the Governor’s Office of Small, 31 20 HOUSE BILL 864
Minority, and Women Business Affairs, in consultation with the Department of Housing 1
and Community Development, the Office of the Attorney General, and the General 2
Assembly, shall initiate a study regarding the energy efficiency and conservation services 3
used by the Department of Housing and Community Development to evaluate whether the 4
enactment of remedial measures to assist minority and women–owned businesses in the 5
energy efficiency and conservation services industry and market would comply with the 6
U.S. Supreme Court decision in City of Richmond v. J. A. Croson Co., 488 U.S. 469 (1989), 7
and any subsequent federal or constitutional requirements. 8
(b) The certification agency and the Governor’s Office of Small, Minority, and 9
Women Business Affairs shall submit the findings of the study required under subsection 10
(a) of this section to the Legislative Policy Committee, in accordance with § 2–1257 of the 11
State Government Article, on or before December 31, 2026, so that the General Assembly 12
may review the findings before the 2027 legislative session. 13
SECTION 6. AND BE IT FURTHER ENACTED, That the publisher of the 14
Annotated Code of Maryland, in consultation with and subject to the approval of the 15
Department of Legislative Services, shall correct, with no further action required by the 16
General Assembly, cross–references and terminology rendered incorrect by this Act. The 17
publisher shall adequately describe any correction that is made in an editor’s note following 18
the section affected. 19
SECTION 7. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2024. 21