EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0128*
HOUSE BILL 128
M3, M1, C2 5lr1518
HB 1438/24 – ECM & ENT (PRE–FILED) CF SB 149
By: Delegate Fraser–Hidalgo
Requested: October 30, 2024
Introduced and read first time: January 8, 2025
Assigned to: Economic Matters and Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Responding to Emergency Needs From Extreme Weather (RENEW) Act of 2025 2
FOR the purpose of establishing the Climate Change Adaptation and Mitigation Payment 3
Program in the Department of the Environment to secure payments from certain 4
businesses that extract fossil fuels or refine petroleum products in order to provide 5
a source of revenue for State efforts to adapt to or mitigate the effects of climate 6
change and to address the health impacts of climate change on vulnerable 7
populations; establishing the Climate Change Adaptation and Mitigation Fund as a 8
special, nonlapsing fund; authorizing the Legislative Auditor to conduct certain 9
audits of the Fund and of the appropriations and expenditures made for the purposes 10
of the Climate Change Adaptation and Mitigation Payment Program; and generally 11
relating to the Climate Change Adaptation and Mitigation Payment Program. 12
BY repealing and reenacting, without amendments, 13
Article – Environment 14
Section 2–1504(a) 15
Annotated Code of Maryland 16
(2013 Replacement Volume and 2024 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Environment 19
Section 2–1504(e) 20
Annotated Code of Maryland 21
(2013 Replacement Volume and 2024 Supplement) 22
BY adding to 23
Article – Environment 24
Section 2–1701 through 2–1708 to be under the new subtitle “Subtitle 17. Climate 25
Change Adaptation and Mitigation Payment Program” 26
Annotated Code of Maryland 27 2 HOUSE BILL 128
(2013 Replacement Volume and 2024 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – Natural Resources 3
Section 5–222(a) and (b) and 8–2B–03(a) 4
Annotated Code of Maryland 5
(2023 Replacement Volume and 2024 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Natural Resources 8
Section 5–222(f) and 8–2B–03(e) 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Public Safety 13
Section 14–110.4(b) and 14–110.5(b) 14
Annotated Code of Maryland 15
(2022 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Public Safety 18
Section 14–110.4(h) and 14–110.5(f) 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2024 Supplement) 21
BY repealing and reenacting, without amendments, 22
Article – State Government 23
Section 9–2012(b) and (i)(1), 9–2015(b), and 9–20B–05(a) 24
Annotated Code of Maryland 25
(2021 Replacement Volume and 2024 Supplement) 26
BY repealing and reenacting, with amendments, 27
Article – State Government 28
Section 9–2012(i)(4), 9–2015(f), and 9–20B–05(e) 29
Annotated Code of Maryland 30
(2021 Replacement Volume and 2024 Supplement) 31
BY adding to 32
Article – State Government 33
Section 9–20B–05(i–2) 34
Annotated Code of Maryland 35
(2021 Replacement Volume and 2024 Supplement) 36
BY repealing and reenacting, without amendments, 37
Article – Transportation 38
Section 7–1202(a) and 7–1203(a) 39 HOUSE BILL 128 3
Annotated Code of Maryland 1
(2020 Replacement Volume and 2024 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Transportation 4
Section 7–1203(c) 5
Annotated Code of Maryland 6
(2020 Replacement Volume and 2024 Supplement) 7
Preamble 8
WHEREAS, Climate change, resulting primarily from the combustion of fossil fuels, 9
is an immediate, grave threat to the State’s communities, environment, and economy; and 10
WHEREAS, In addition to mitigating the further buildup of greenhouse gases, the 11
State must take action to adapt to certain consequences of climate change that are 12
irreversible, including rising sea levels, increasing temperatures, extreme weather events, 13
flooding, heat waves, toxic algae blooms, and other threats; and 14
WHEREAS, Meeting the challenge of adapting to and mitigating the effects of 15
climate change will require a shared commitment of purpose and huge investments in new 16
or upgraded infrastructure; and 17
WHEREAS, The State has previously adopted programs, such as the Cigarette 18
Restitution Fund Program, to require industries that have profited by harming the public 19
welfare to shoulder their share of the burden in redressing that harm; and 20
WHEREAS, Based on decades of research, it is now possible to determine with great 21
accuracy the share of greenhouse gases released into the atmosphere by specific fossil fuel 22
companies over the last 70 years or more, making it possible to assign liability and require 23
compensation from companies commensurate with their emissions during a given time 24
period; now, therefore, 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27
Article – Environment 28
2–1504. 29
(a) There is a Zero–Emission Vehicle School Bus Transition Fund. 30
(e) The Fund consists of: 31
(1) Money appropriated in the State budget to the Fund; 32
(2) Interest earnings of the Fund; 33 4 HOUSE BILL 128
(3) Donations; 1
(4) Money derived from legal settlements earmarked for the purpose of 2
transitioning to school buses that are zero–emission vehicles; [and] 3
(5) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 4
AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THIS TITLE; AND 5
(6) Any other money from any other source accepted for the benefit of the 6
Fund. 7
SUBTITLE 17. CLIMATE CHANGE ADAPTATION AND MITIGATION PAYMENT 8
PROGRAM. 9
2–1701. 10
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(B) (1) “CLIMATE CHANGE ADAPTI VE OR MITIGATION INF RASTRUCTURE 13
PROJECT” MEANS AN INFRASTRUCT URE PROJECT DESIGNED TO AVOID, MODERATE, 14
OR REPAIR DAMAGE CAU SED BY CLIMATE CHANG E. 15
(2) “CLIMATE CHANGE ADAPTI VE OR MITIGATION INF RASTRUCTURE 16
PROJECT” INCLUDES PROJECTS TO : 17
(I) CONSTRUCT SEAWALLS OR OTHER COASTAL DEFENS E 18
STRUCTURES ; 19
(II) UPGRADE STORMWATER OR SEWER SYSTEMS ; 20
(III) MAKE DEFENSIVE UPGRAD ES TO ROADS , BRIDGES, RAIL 21
INFRASTRUCTURE , OR OTHER TRANSIT SYS TEMS; 22
(IV) PREPARE FOR AND RECOV ER FROM HURRICANES A ND 23
OTHER EXTREME WEATHE R EVENTS; 24
(V) RELOCATE, ELEVATE, OR RETROFIT WASTEWAT ER 25
TREATMENT PLANTS THA T ARE VULNERABLE TO FLOODING; 26
(VI) INSTALL HEAT PU MPS AND OTHER CLEAN ENERGY 27
RETROFITS IN PUBLIC AND PRIVATE BUILDING S, INCLUDING SCHOOL BUI LDINGS; 28
AND 29 HOUSE BILL 128 5
(VII) RESPOND TO TOXIC ALGA E BLOOMS , THE LOSS OF 1
AGRICULTURAL TOPSOIL , AND OTHER CLIMATE –DRIVEN ECOSYSTEM THR EATS TO 2
FORESTS, FARMS, AND FISHERIES. 3
(C) “COAL” INCLUDES: 4
(1) BITUMINOUS COAL ; 5
(2) ANTHRACITE COAL ; AND 6
(3) LIGNITE. 7
(D) “COMMUNITY DISPROPORTI ONATELY AFFECTED BY CLIMATE IMPACTS ” 8
MEANS A COMMUNITY ID ENTIFIED IN ACCORDAN CE WITH § 1–702 OF THIS ARTICLE. 9
(E) “CONTROLLED GROUP ” MEANS TWO OR MORE ENTITI ES TREATED AS A 10
SINGLE EMPLOYER UNDE R: 11
(1) § 52(A) OR (B) OF THE INTERNAL REVENUE CODE, WITHOUT 12
REGARD TO § 1563(B)(2)(C) OF THE INTERNAL REVENUE CODE; OR 13
(2) § 414(M) OR (O) OF THE INTERNAL REVENUE CODE. 14
(F) “COST RECOVERY DEMA ND” MEANS A CHARGE ASSER TED AGAINST A 15
RESPONSIBLE PARTY FO R COST RECOVERY PAYM ENTS UNDER THE PROGRAM. 16
(G) “COVERED GREENHOUSE GA S EMISSIONS ” MEANS THE TOTAL 17
QUANTITY OF GREENHOU SE GASES RELEASED IN TO THE ATMOSPHERE DU RING THE 18
COVERED PERIOD , EXPRESSED IN METRIC TONS OF CARBO N DIOXIDE EQUIVALENT , 19
RESULTING FROM THE U SE OF FOSSIL FUELS O R PETROLEUM PRODUCTS 20
EXTRACTED, PRODUCED, REFINED, OR SOLD BY AN ENTITY . 21
(H) “COVERED PERIOD ” MEANS MARCH 21, 1994, THROUGH DECEMBER 31, 22
2023, BOTH INCLUSIVE . 23
(I) (1) “CRUDE OIL” MEANS OIL OR PETROLE UM OF ANY KIND AND I N 24
ANY FORM. 25
(2) “CRUDE OIL” INCLUDES: 26
(I) BITUMEN; 27
6 HOUSE BILL 128
(II) OIL SANDS; 1
(III) HEAVY OIL; 2
(IV) CONVENTIONAL AND UNCO NVENTIONAL OIL ; 3
(V) SHALE OIL; 4
(VI) NATURAL GAS LIQUIDS ; 5
(VII) CONDENSATES ; AND 6
(VIII) RELATED FOSSIL FUELS . 7
(J) “ENTITY” MEANS ANY INDIVIDUAL , TRUSTEE, AGENT, PARTNERSHIP , 8
ASSOCIATION, CORPORATION , COMPANY, MUNICIPAL CORPORATIO N, POLITICAL 9
SUBDIVISION, OR OTHER PERSON , INCLUDING A FOREIGN NATION, THAT HOLDS OR 10
HELD AN OWNERSHIP IN TEREST IN A FOSSIL F UEL BUSINESS DURING THE COVERED 11
PERIOD. 12
(K) “FOSSIL FUEL” MEANS COAL , PETROLEUM PRODUCTS , AND FUEL 13
GASES. 14
(L) “FOSSIL FUEL BUSINESS ” MEANS A BUSINESS ENG AGING IN THE 15
EXTRACTION OF FOSSIL FUELS OR THE REFININ G OF PETROLEUM PRODUCTS . 16
(M) “FUEL GAS” INCLUDES: 17
(1) METHANE; 18
(2) NATURAL GAS; 19
(3) LIQUEFIED NATURAL GAS ; AND 20
(4) MANUFACTURED FUEL GAS ES. 21
(N) “FUND” MEANS THE CLIMATE CHANGE ADAPTATION AND MITIGATION 22
FUND ESTABLISHED UNDE R § 2–1705 OF THIS SUBTITLE. 23
(O) “GREENHOUSE GAS ” HAS THE MEANING STAT ED IN § 2–1202 OF THIS 24
TITLE. 25
HOUSE BILL 128 7
(P) “NOTICE OF COST RECOVE RY DEMAND ” MEANS A WRITTEN 1
COMMUNICATION INFORM ING A RESPONSIBLE PA RTY OF THE AMOUNT OF THE COST 2
RECOVERY DEMAND PAYA BLE TO THE DEPARTME NT UNDER THIS SUBTIT LE. 3
(Q) “PETROLEUM PRODUCT ” MEANS ANY PRODUCT RE FINED OR 4
RE–REFINED FROM : 5
(1) SYNTHETIC OR CRUDE OI L; OR 6
(2) CRUDE OIL EXTRACTED F ROM NATURAL GAS LIQU IDS OR OTHER 7
SOURCES. 8
(R) “PROGRAM” MEANS THE CLIMATE CHANGE ADAPTATION AND 9
MITIGATION PAYMENT PROGRAM ESTABLISHED U NDER § 2–1703 OF THIS 10
SUBTITLE. 11
(S) (1) “QUALIFYING EXPENDITUR E” MEANS AN AUTHORIZED PAYMENT 12
FROM THE FUND IN SUPPORT OF A CLIMATE CHANGE ADAPT IVE OR MITIGATION 13
INFRASTRUCTURE PROJE CT. 14
(2) “QUALIFYING EXPENDITU RE” INCLUDES, TO THE EXTENT 15
AUTHORIZED IN DEPARTMENT REGULATION S, A PAYMENT TOWARD THE OPERATION 16
AND MAINTENANCE OF A CLIMATE CHANGE ADAPT IVE OR MITIGATION 17
INFRASTRUCTURE PROJE CT. 18
(T) (1) “RESPONSIBLE PARTY ” MEANS AN ENTITY , OR A SUCCESSOR IN 19
INTEREST TO AN ENTITY, THAT: 20
(I) DURING ANY PART OF TH E COVERED PERIOD , WAS 21
ENGAGED IN THE TRADE OR BUSINESS OF EXTRA CTING FOSSIL FUEL OR REFINING 22
CRUDE OIL; AND 23
(II) IS DETERMINED BY THE DEPARTMENT TO BE RESP ONSIBLE 24
FOR MORE THAN 1,000,000,000 TONS OF COVERED GREENHOUSE G AS EMISSIONS. 25
(2) “RESPONSIBLE PARTY ” DOES NOT INCLUDE ANY PERSON THAT 26
LACKS SUFFICIENT CON NECTION WITH THE STATE TO SATISFY THE NEXUS 27
REQUIREMENTS OF THE UNITED STATES CONSTITUTION. 28
(U) “TOTAL ASSESSED COST O F GREENHOUSE GAS EMISS IONS” MEANS THE 29
TOTAL ASSESSED COST TO THE STATE AND ITS RESIDEN TS OF COVERED 30
GREENHOUSE GAS EMISS IONS DURING THE COVE RED PERIOD, AS DETERMINED BY 31
THE STATE TREASURER IN ACCORDANCE WITH § 2–1704(C) OF THIS SUBTITLE. 32 8 HOUSE BILL 128
2–1702. 1
(A) THIS SUBTITLE MAY NOT BE CONSTRUED TO : 2
(1) RELIEVE THE LIABILITY OF AN ENTITY FOR DAM AGES RESULTING 3
FROM CLIMATE CHANGE , AS PROVIDED BY LAW ; 4
(2) PREEMPT, DISPLACE, OR RESTRICT ANY RIGH T OR REMED Y OF A 5
PERSON OR UNIT OF STATE OR LOCAL GOVERNMENT UND ER THE LAW RELATING TO 6
A PAST, PRESENT, OR FUTURE ALLEGATION OF: 7
(I) DECEPTION CONCERNING THE EFFECTS OF FOSSI L FUELS 8
ON CLIMATE CHANGE ; 9
(II) DAMAGE OR INJURY RESU LTING FROM THE ROLE OF FOSSIL 10
FUELS IN CONTRIBUTIN G TO CLIMATE CHANGE ; OR 11
(III) FAILURE TO AVOID DAMA GE OR INJURY RELATING TO 12
CLIMATE CHANGE , INCLUDING CLAIMS FOR : 13
1. NUISANCE; 14
2. TRESPASS; 15
3. DESIGN DEFECT; 16
4. NEGLIGENCE; 17
5. FAILURE TO WARN ; 18
6. DECEPTIVE OR UNFAIR P RACTICES; OR 19
7. INJUNCTIVE, DECLARATORY , MONETARY, OR OTHER 20
FORM OF RELIEF ; OR 21
(3) PREEMPT, SUPERSEDE, OR DISPLACE ANY STATE OR LOCAL LAW, 22
REGULATION , POLICY, OR PROGRAM THAT : 23
(I) LIMITS, SETS, OR ENFORCES STANDARD S FOR 24
GREENHOUSE GAS EMISS IONS; 25
HOUSE BILL 128 9
(II) MONITORS, REPORTS, OR KEEPS RECORDS OF 1
GREENHOUSE GAS EMISS IONS; 2
(III) COLLECTS REVENUE THRO UGH FEES OR TAXES ; OR 3
(IV) CONDUCTS OR SUPPORTS INVESTIGATIONS . 4
(B) (1) EVERY CASE FILED IN A COURT OF THE STATE UNDER STATE LAW 5
MAY NOT BE EXPRESSLY OR IMPLIEDLY PREEMPTED , DISPLACED, MOOTED, OR 6
DISMISSED ON ANY OTH ER PRUDENTIAL CONSID ERATION ARISING FROM THIS 7
SUBTITLE. 8
(2) TO THE EXTENT THAT AN Y ASPECT OF EVERY CASE FILED IN A 9
COURT OF THE STATE IS REVIEWED FOR THE APPLICATION OF THIS SUBTITLE, THE 10
APPLICATION OF THIS SUBTITLE IS SEVERABLE IN EACH OF ITS APPLICATION S TO 11
EVERY PERSON AND CIRCUMSTA NCE. 12
2–1703. 13
(A) THERE IS A CLIMATE CHANGE ADAPTATION AND MITIGATION 14
PAYMENT PROGRAM IN THE DEPARTMENT . 15
(B) THE PURPOSE OF THE PROGRAM IS TO: 16
(1) SECURE COMPENSATORY P AYMENTS FROM FOSSIL FUEL 17
BUSINESSES BASED ON A STANDARD OF STRICT LIABILITY IN ORDER T O PROVIDE A 18
SOURCE OF REVENUE FO R STATE EFFORTS TO : 19
(I) ADAPT TO AND MITIGATE THE EFFECTS OF CLIMA TE 20
CHANGE, INCLUDING THROUGH TH E IMPLEMENTATIO N OF CLIMATE CHANGE 21
ADAPTIVE OR MITIGATI ON INFRASTRUCTURE PR OJECTS; AND 22
(II) ADDRESS THE HEALTH IM PACTS OF CLIMATE CHA NGE ON 23
VULNERABLE POPULATIO NS; 24
(2) DETERMINE THE PROPORT IONAL LIABILITY OF R ESPONSIBLE 25
PARTIES IN ACCORDANC E WITH § 2–1704 OF THIS SUBTITLE; 26
(3) IMPOSE COST RECOVERY DEMANDS ON RESPONSIB LE PARTIES 27
AND ISSUE NOTICES OF COST RECOVERY DEMAND S; 28
(4) ACCEPT AND COLLECT CO ST RECOVERY PAYMENTS FROM 29
RESPONSIBLE PARTIES ; 30 10 HOUSE BILL 128
(5) IDENTIFY CLIMATE CHAN GE ADAPTIVE OR MITIG ATION 1
INFRASTRUCTURE PROJECTS WITHIN THE STATE; 2
(6) DISBURSE FUNDS IN ACC ORDANCE WITH THIS SU BTITLE; AND 3
(7) ENSURE THAT AT LEAST 40% OF THE QUALIFIED EXP ENDITURES 4
FROM THE PROGRAM GO TO CLIMATE CHANGE ADAPTIVE OR M ITIGATION 5
INFRASTRUCTURE PROJE CTS THAT DIRECTLY BE NEFIT COMMUNITIES 6
DISPROPORTIONATELY A FFECTED BY CLIMATE I MPACTS. 7
2–1704. 8
(A) THE STATE MAY IMPOSE COST RECOVERY DEMAND S ON A RESPONSIBLE 9
PARTY IF, AT ANY TIME DURING T HE COVERED PERIOD, THE RESPONSIBLE PARTY : 10
(1) DID BUSINESS IN THE STATE; 11
(2) WAS REGISTERED TO DO BUS INESS IN THE STATE; 12
(3) WAS APPOINTED AS AN A GENT OF THE STATE; OR 13
(4) OTHERWISE HAD SUFFICI ENT CONTACTS WITH TH E STATE TO 14
GIVE THE STATE JURISDICTION OV ER THE RESPONSIBLE P ARTY IN ACCORDANCE 15
WITH STATE LAW. 16
(B) (1) A RESPONSIBLE PARTY IS STRICTLY LIABLE , WITHOUT REGARD 17
TO FAULT, FOR A SHARE OF THE C OSTS OF CLIMATE CHAN GE ADAPTIVE OR 18
MITIGATION INFRASTRU CTURE PROJECTS , INCLUDING OPERATING AND 19
MAINTENANCE COSTS , SUPPORTED BY THE FUND. 20
(2) FOR PURPOSES OF THIS SECTION, ENTITIES IN A CONTRO LLED 21
GROUP: 22
(I) SHALL BE TREATED BY T HE DEPARTMENT AS A SINGL E 23
ENTITY FOR THE PURPO SE OF IDENTIFYING RE SPONSIBLE PARTIES ; AND 24
(II) ARE JOINTLY AND SEVER ALLY LIABLE FOR PAYM ENT OF 25
ANY COST RECOVERY DE MAND OWED BY ANY ENT ITY IN THE CONTROLLED GROUP . 26
(C) (1) WITH RESPECT TO EACH RESPONSIBLE PARTY , THE COST 27
RECOVERY DEMAND SHAL L BE EQUAL TO AN AMO UNT THAT BEARS THE S AME RATIO 28
TO THE TOTAL ASSESSED COST OF GREENHOUSE GAS EM ISSIONS AS THE 29 HOUSE BILL 128 11
RESPONSIBLE PARTY ’S APPLICABLE SHARE O F COVERED GREENHOUSE GAS 1
EMISSIONS BEARS TO T HE AGGREGATE APPLICA BLE SHARES OF ALL RE SPONSIBLE 2
PARTIES’ COVERED GREENHOUSE G AS EMISSIONS. 3
(2) (I) ON OR BEFORE DECEMBER 1, 2026, THE STATE 4
TREASURER, IN CONSULTATION WITH TH E COMPTROLLER , THE DEPARTMENT , AND 5
ANY OTHER ENTITY AS DETERMINED BY THE STATE TREASURER, SHALL REPORT TO 6
THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE EDUCATION, 7
ENERGY, AND ENVIRONMENT COMMITTEE, THE SENATE JUDICIAL PROCEEDINGS 8
COMMITTEE, THE HOUSE APPROPRIATIONS COMMITTEE, THE HOUSE 9
ENVIRONMENT AND TRANSPORTATION COMMITTEE, AND THE HOUSE JUDICIARY 10
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 11
ARTICLE, ON THE TOTAL ASSESSE D COST OF GREENHOUSE GAS EMISSIONS. 12
(II) THE REPORT REQUIRED U NDER SUBPARAGRAPH (I) OF 13
THIS PARAGRAPH SHALL INCLUDE : 14
1. A SUMMARY OF THE VARIO US COST–DRIVING 15
EFFECTS OF COVERED G REENHOUSE GAS EMISSI ONS ON THE STATE, INCLUDING 16
EFFECTS ON PUBLIC HE ALTH, NATURAL RESOURCES , BIODIVERSITY, AGRICULTURE , 17
ECONOMIC DEVELOPMENT , FLOOD PREPAREDNESS A ND SAFETY, AND HOUSING, 18
AND ANY OTHER EFFECT THAT THE STATE TREASURER, IN CONSULTATION WITH 19
THE COMPTROLLER AND THE DEPARTMENT , DETERMINES TO BE RELEVANT; 20
2. A CATEGORIZED CALCULAT ION OF THE COSTS THA T 21
HAVE BEEN INCURRED A ND COSTS THAT ARE PROJECTED TO BE INCURRED BY THE 22
STATE AND ITS RE SIDENTS FOR EACH EFF ECT IDENTIFIED UNDER ITEM 1 OF THIS 23
SUBPARAGRAPH ; AND 24
3. A CATEGORIZED CALCULAT ION OF THE COSTS THA T 25
HAVE BEEN INCURRED AND COSTS THAT ARE PROJECTED TO BE INCURRED BY THE 26
STATE AND ITS RESIDENTS TO MITIGATE THE EFFECTS OF COVER ED GREENHOUSE 27
GAS EMISSIONS DURING THE COVERED PERIOD . 28
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
RESPONSIBLE PARTY ’S APPLICABLE SHARE O F GREENHOUSE GAS EMI SSIONS SHALL 30
BE THE AMOUNT BY WHI CH THE COVERE D GREENHOUSE GAS EMI SSIONS 31
ATTRIBUTABLE TO THE RESPONSIBLE PARTY EX CEEDS 1,000,000,000 METRIC TONS. 32
(2) IF A RESPONSIBLE PART Y OWNS A MINORITY IN TEREST OF 10% OR 33
MORE IN ANOTHER ENTI TY, THE RESPONSIBLE PART Y’S APPLICABLE SHARE O F 34
GREENHOUSE GAS EMISS IONS SHALL BE CALCUL ATED AS THE APPLICAB LE SHARE 35
OF GREENHOUSE GAS EM ISSIONS FOR THE ENTI TY IN WHICH THE RESP ONSIBLE 36 12 HOUSE BILL 128
PARTY HOLDS A MINORI TY INTEREST, AS CALCULATED UNDER PARAGRAPH (1) OF 1
THIS SUBSECTION , MULTIPLIED BY THE PE RCENTAGE OF THE MINO RITY INTEREST 2
HELD BY THE RESPONSI BLE PARTY. 3
(3) IN DETERMINING THE AM OUNT OF GREENHOUSE G AS EMISSIONS 4
ATTRIBUTABLE TO AN ENTITY, THE DEPARTMENT SHALL ASSU ME THAT: 5
(I) 942.5 METRIC TONS OF CARBO N DIOXIDE EQUIVALENT IS 6
RELEASED FOR EVERY 1,000,000 POUNDS OF COAL ATTRI BUTABLE TO THE ENTIT Y; 7
(II) 432,180 METRIC TONS OF CARBO N DIOXIDE EQUIVALENT IS 8
RELEASED FOR EVERY 1,000,000 BARRELS OF CRUDE OIL ATTRIBUTABLE TO THE 9
ENTITY; AND 10
(III) 53,440 METRIC TONS OF CARBO N DIOXIDE EQUIVALENT IS 11
RELEASED FOR EVERY 1,000,000 CUBIC FEET OF FUEL G ASES ATTRIBUTABLE TO 12
THE ENTITY. 13
(E) THE DEPARTMENT MAY ADJUST THE COST RECOVERY D EMAND 14
AMOUNT OF A RESPONSI BLE PARTY THAT REFIN ES PETROLEUM PRODUCT S OR THAT 15
IS A SUCCESSOR IN IN TEREST TO AN ENTITY THAT REFINES PETROLE UM PRODUCTS , 16
IF THE RESPONSIBLE P ARTY ESTABLISHES TO THE SATISFACTION OF THE 17
DEPARTMENT THAT : 18
(1) A PORTION OF THE CO ST RECOVERY DEMAND A MOUNT WAS 19
ATTRIBUTABLE TO THE REFINING OF CRUDE OI L EXTRACTED BY ANOTH ER ENTITY; 20
AND 21
(2) THE CRUDE OIL EXTRACT ED BY THE OTHER ENTI TY WAS 22
ACCOUNTED FOR WHEN T HE DEPARTMENT DETERMINED THE COST RECOVERY 23
DEMAND AMOUNT FOR TH E OTHER ENTIT Y OR A SUCCESSOR IN INTEREST OF THE 24
OTHER ENTITY . 25
(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 26
RESPONSIBLE PARTY SH ALL PAY THE COST REC OVERY DEMAND AMOUNT IN FULL 27
ON OR BEFORE OCTOBER 1, 2027. 28
(2) (I) A RESPONSIBLE PARTY MA Y ELECT TO PAY THE COST 29
RECOVERY DEMAND AMOU NT IN NINE ANNUAL IN STALLMENTS IN ACCORD ANCE 30
WITH THIS PARAGRAPH . 31
HOUSE BILL 128 13
(II) THE FIRST INSTALLMENT SHALL BE PAID ON OR BEFORE 1
OCTOBER 1, 2027, AND SHALL BE EQUAL T O 20% OF THE TOTAL COST RE COVERY 2
DEMAND AMOUNT . 3
(III) EACH SUBSEQUENT INSTA LLMENT SHALL BE PAID ON OR 4
BEFORE SEPTEMBER 30 EACH SUBSEQUENT YEAR AND SHALL BE EQUAL T O 10% OF 5
THE TOTAL COST RECOV ERY DEMAND AMOUNT . 6
(IV) 1. THE UNPAID BALANCE OF ALL REMAINING 7
INSTALLMENTS SHALL B ECOME DUE IMMEDIATEL Y IF: 8
A. THE RESPONSIBLE PARTY FAILS TO PAY ANY 9
INSTALLMENT IN A TIM ELY MANNER, AS SPECIFIED IN DEPARTMENT REGULATION S; 10
B. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 11
THIS SUBPARAGRAPH , THERE IS A LIQUIDATI ON OR SALE OF SUBSTA NTIALLY ALL 12
THE ASSETS OF THE RESPONSIBLE PARTY , INCLUDING IN A BANKR UPTCY 13
PROCEEDING ; OR 14
C. THE RESPONSIBLE PARTY CEASES TO DO BUSINES S. 15
2. IN THE CASE OF A SALE OF SUBSTANTIALLY ALL THE 16
ASSETS OF A RESPONSI BLE PARTY, THE REMAINING INSTAL LMENTS SHALL NOT 17
BECOME DUE IMMEDIATE LY IF THE BUYER ENTE RS INTO AN AGREEMENT WITH THE 18
DEPARTMENT UNDER WHIC H THE BUYER ASSUMES LIABILITY FOR THE RE MAINING 19
INSTALLMENTS DUE UND ER THIS SUBPARAGRAPH IN THE SAME MANNER A S IF THE 20
BUYER WERE THE RESPO NSIBLE PARTY. 21
(G) THE DEPARTMENT SHALL DEPO SIT COST RECOVERY PAYM ENTS 22
COLLECTED UNDER THIS SECTION TO THE CLIMATE CHANGE ADAPTATION AND 23
MITIGATION FUND ESTABLISHED UNDE R § 2–1705 OF THIS SUBTITLE. 24
(H) A RESPONSIBLE PARTY MA Y REQUEST A HEARING UNDER TITLE 10, 25
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE (ADMINISTRATIVE PROCEDURE 26
ACT – CONTESTED CASES) TO CONTEST A COST RE COVERY DEMAND MADE B Y THE 27
DEPARTMENT UNDER THIS SECTION. 28
(I) (1) THE REMEDIES PROVIDED IN THIS SECTION ARE IN ADDITION TO 29
ANY OTHER REMEDY PRO VIDED BY LAW. 30
(2) THIS SECTION M AY NOT BE CONSTRUED TO PREVENT A PERSON 31
FROM PURSUING A CIVI L ACTION OR ANY OTHE R REMEDY PROVIDED BY LAW. 32
14 HOUSE BILL 128
2–1705. 1
(A) THERE IS A CLIMATE CHANGE ADAPTATION AND MITIGATION FUND. 2
(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR STATE 3
EFFORTS TO ADAP T TO AND MITIGATE TH E EFFECTS OF CLIMATE CHANGE. 4
(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 5
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 6
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 7
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 8
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 9
(E) THE FUND CONSISTS OF : 10
(1) COST RECOVERY PAYMENT S DISTRIBUTED TO THE FUND UNDER 11
§ 2–1704 OF THIS SUBTITLE; 12
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 13
AND 14
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 15
THE BENEFIT OF THE FUND. 16
(F) THE FUND MAY BE USED ONLY : 17
(1) TO PAY: 18
(I) QUALIFIED EXPENDITURE S FOR CLIMATE CHANGE 19
ADAPTIVE OR MITIGATI ON INFRASTRUCTURE PR OJECTS IDENTIFIED BY THE 20
DEPARTMENT IN ACCORDANCE WITH REGU LATIONS ADOPTED UNDE R § 2–1707 OF 21
THIS SUBTITLE; AND 22
(II) REASONABLE ADMINISTRA TIVE COSTS OF THE PROGRAM; 23
(2) TO PROVIDE GRANTS TO LOCAL JURISDICTIONS IN ACCORDANCE 24
WITH § 2–1706 OF THIS SUBTITLE; 25
(3) FOR THE DEPARTMENT ’S COMPREHENSIVE FLOOD 26
MANAGEMENT GRANT PROGRAM UNDER § 5–803 OF THIS ARTICLE TO I MPLEMENT : 27
HOUSE BILL 128 15
(I) CAPITAL PROJECTS UNDE RTAKEN AS PART OF 1
COMPREHENSIVE FLOOD MANAGEMENT PLANS ; AND 2
(II) INFRASTRUCTURE REPAIR S, WATERSHED RESTORATIO N, 3
AND EMERGENCY PROTEC TION WORK ASSOCIATED W ITH FLOOD EVENTS ; AND 4
(4) TO SUPPORT THE FOLLOW ING: 5
(I) THE STATE DISASTER RECOVERY FUND UNDER § 6
14–110.5 OF THE PUBLIC SAFETY ARTICLE FOR DISASTER RECOVERY ASSISTANCE ; 7
(II) THE MARYLAND DEPARTMENT OF HEALTH’S OFFICE OF 8
MINORITY HEALTH AND HEALTH DISPARITIES IN ADDRES SING THE HEALTH 9
IMPACTS OF CLIMATE C HANGE ON MINORITY AD ULTS, CHILDREN, AND INFANTS; 10
(III) THE MARYLAND DEPARTMENT OF HEALTH’S COMMUNITY 11
HEALTH RESOURCES COMMISSION FOR THE HEALTH EQUITY RESOURCE 12
COMMUNIT IES PROGRAM; 13
(IV) THE MARYLAND DEPARTMENT OF HEALTH’S MEDICAID 14
ADMINISTRATION TO USE FOR THE STATE MEDICAID PROGRAM; 15
(V) THE DEPARTMENT OF NATURAL RESOURCES TO 16
INCORPORATE CLIMATE AND EQUITY PROVISION S IN LOCAL CRITICAL AREA 17
PROGRAM GRANTS; 18
(VI) THE GREAT MARYLAND OUTDOORS FUND UNDER § 5–222 19
OF THE NATURAL RESOURCES ARTICLE TO SUPPORT CLIM ATE EDUCATION AND 20
ADAPTATION ON PARK L ANDS; 21
(VII) THE WHOLE WATERSHED FUND UNDER § 8–2B–03 OF THE 22
NATURAL RESOURCES ARTICLE TO SUPPORT WA TERSHED AND COMMUNIT Y 23
RESILIENCE; 24
(VIII) THE DEPARTMENT OF NATURAL RESOURCES IN MANAGING 25
FLOODING THROUGH THE IMPLEMENTATION OF ST REAM RESTORATION AND 26
NATURAL FILTRATION P ROJECTS; 27
(IX) THE DEPARTMENT OF NATURAL RESOURCES IN 28
PROVIDING PLANNING G RANTS TO LOCAL GOVER NMENTS TO PREPARE FO R 29
EXTREME FLOODING ; 30
16 HOUSE BILL 128
(X) THE MARYLAND STRATEGIC ENERGY INVESTMENT FUND 1
UNDER § 9–20B–05 OF THE STATE GOVERNMENT ARTICLE FOR: 2
1. ENERGY EFFICIENCY PRO GRAMS BENEFITING 3
LOW–INCOME AND MODERATE –INCOME HOUSEHOLDS ; AND 4
2. OTHER CLEAN ENERGY IN VESTMENTS; 5
(XI) THE RESILIENCY HUB GRANT PROGRAM FUND UNDER § 6
9–2015 OF THE STATE GOVERNMENT ARTICLE IN DEVELOPING RESILIENCY HUBS 7
SERVING LOW–INCOME AND MOD ERATE–INCOME HOUSEHOLDS ; 8
(XII) THE MARYLAND DEPARTMENT OF EMERGENCY 9
MANAGEMENT IN SUPPLEM ENTING PRE –DISASTER MITIGATION FUNDING 10
PROVIDED UNDER THE F EDERAL BUILDING RESILIENT INFRASTRUCTURE AND 11
COMMUNITIES (BRIC) GRANT PROGRAM ; 12
(XIII) THE RESILIENT MARYLAND REVOLVING LOAN FUND 13
UNDER § 14–110.4 OF THE PUBLIC SAFETY ARTICLE; 14
(XIV) THE CLIMATE CATALYTIC CAPITAL FUND UNDER § 10–855 15
OF THE ECONOMIC DEVELOPMENT ARTICLE; 16
(XV) THE DEPARTMENT OF HOUSING AND COMMUNITY 17
DEVELOPMENT IN PROVID ING GRANTS AN D LOANS UNDER THE MARYLAND 18
WHOLEHOME PROGRAM; 19
(XVI) THE MARYLAND ENERGY ADMINISTRATION IN PRO VIDING 20
FINANCIAL ASSISTANCE TO LOW–INCOME AND MODERATE –INCOME HOUSEHOLDS 21
TO TRANSITION THEIR HOMES OFF FOSSIL FUE LS; 22
(XVII) THE ENERGY STORAGE SYSTEM GRANT FUND UNDER § 23
9–2012 OF THE STATE GOVERNMENT ARTICLE; 24
(XVIII) THE DEPARTMENT OF COMMERCE IN ATTRACTIN G 25
CLEANTECH AND RENEWA BLE ENERGY BUSINESSE S TO THE STATE; 26
(XIX) THE DEPARTMENT ’S DAM SAFETY PROGRAM UNDER TITLE 27
5, SUBTITLE 5 OF THIS ARTICLE; 28
(XX) THE DEPARTMENT IN SUPPLEM ENTING FUNDING FOR T HE 29
COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES 30
UNDER TITLE 1, SUBTITLE 7 OF THIS ARTICLE; 31 HOUSE BILL 128 17
(XXI) THE DEPARTMENT OF TRANSPORTATION FOR TH E 1
STATEWIDE TRANSIT INNOVATION GRANT PROGRAM; 2
(XXII) THE ZERO–EMISSION VEHICLE SCHOOL BUS TRANSITION 3
FUND UNDER § 2–1504 OF THIS TITLE; 4
(XXIII) THE MARYLAND ENERGY ADMINISTRATION FOR TH E 5
MEDIUM–DUTY AND HEAVY–DUTY ZERO–EMISSION VEHICLE GRANT PROGRAM 6
UNDER § 9–2011 OF THE STATE GOVERNMENT ARTICLE; 7
(XXIV) THE MARYLAND ENERGY ADMINISTRATION FOR TH E 8
ELECTRIC VEHICLE RECHARGING EQUIPMENT REBATE PROGRAM UNDER § 9–2009 9
OF THE STATE GOVERNMENT ARTICLE; 10
(XXV) THE DEPARTMENT OF TRANSPORTATION FOR TH E KIM 11
LAMPHIER BIKEWAYS NETWORK PROGRAM UND ER § 2–608 OF THE 12
TRANSPORTATION ARTICLE; 13
(XXVI) THE TRANSIT–ORIENTED DEVELOPMENT CAPITAL 14
GRANT AND REVOLVING LOAN FUND UNDER TITLE 7, SUBTITLE 12 OF THE 15
TRANSPORTATION ARTICLE; 16
(XXVII) THE DEPARTMENT IN HIRING ADDITIONAL STAFF IN 17
THE DEPARTMENT TO WORK ON INITIATIVES TO PROTECT OVERBURDE NED AND 18
UNDERSERVED COMMUNIT IES, AS DEFINED IN § 1–701 OF THIS ARTICLE, FROM THE 19
EFFECTS OF CLIMATE C HANGE THROUGH IMPROV EMENTS TO PERMITTING 20
PROCESSES, COMMUNITY OUTREACH E FFORTS, AND OTHER INITIATIVE S; 21
(XXVIII) THE DEPARTMENT IN HIRING ADDITIONAL STAFF TO 22
SUPPORT THE DEPARTMENT ’S CLIMATE CHANGE PROGRAM; 23
(XXIX) THE PUBLIC SERVICE COMMISSION IN HIRING 24
ADDITIONAL STAFF TO SUPPORT IMPLEMENTATI ON OF THE EMPOWER MARYLAND 25
PROGRAM; AND 26
(XXX) THE MARYLAND DEPARTMENT OF EMERGENCY 27
MANAGEMENT IN HIRING ENGINEERING STAFF FO R THE OFFICE OF RESILIENCY TO 28
WORK ON FLOOD –RELATED ISSUES . 29
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 30
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 31
18 HOUSE BILL 128
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 1
THE GENERAL FUND OF THE STATE. 2
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 3
WITH THE STATE BUDGET . 4
(I) FOR EACH FISCAL YEAR , AT LEAST 40% OF FUNDING PROVIDED UND ER 5
THE FUND SHALL BE USED FOR PROJECTS THAT DIRECTLY BENEFI T COMMUNITIES 6
DISPROPORTIONATELY A FFECTED BY CLIMATE I MPACTS. 7
2–1706. 8
(A) THE DEPARTMENT SHALL ESTA BLISH AND ADMINISTER A GRANT 9
PROGRAM FOR THE DIST RIBUTION OF FUNDS RECEIVED UNDER § 2–1705(F)(2) OF 10
THIS SUBTITLE TO LOCAL JURISDICTIONS FOR THE PURPOSE OF A SSISTING LOCAL 11
EFFORTS TO ADAPT TO AND MITIGATE THE EFF ECTS OF CLIMATE CHAN GE. 12
(B) THE DEPARTMENT SHALL ESTA BLISH: 13
(1) APPLICATION PROCEDURE S FOR THE GRANT PROG RAM; 14
(2) CRITERIA FOR PRIORITI ZING APPLICATIONS UNDER THE GRANT 15
PROGRAM; 16
(3) PROCEDURES FOR AWARDI NG GRANTS UNDER THE GRANT 17
PROGRAM; AND 18
(4) ANY OTHER PROCEDURES OR CRITERIA NECESSAR Y TO CARRY 19
OUT THIS SECTION . 20
2–1707. 21
(A) ON OR BEFORE OCTOBER 1, 2026, THE DEPARTMENT SHALL ADOP T 22
REGULATIONS NE CESSARY TO CARRY OUT THE PROGRAM. 23
(B) THE REGULATIONS SHALL INCLUDE: 24
(1) METHODOLOGIES USING T HE BEST AVAILABLE SC IENCE TO 25
IDENTIFY RESPONSIBLE PARTIES AND DETERMIN E RESPONSIBLE PARTIE S’ 26
APPLICABLE SHARES OF GREENHOUSE GAS EMISS IONS; 27
(2) RULES RELATING TO: 28
HOUSE BILL 128 19
(I) REGISTERING ENTITIES DETERMINED TO BE RES PONSIBLE 1
PARTIES UNDER THE PROGRAM; 2
(II) ISSUING NOTICES OF CO ST RECOVERY DEMANDS THAT 3
SHALL INCLUDE : 4
1. THE COST RECOVERY DEM AND AMOUNT ; 5
2. THE TIME AND MANNER I N WHICH COST RECOVER Y 6
PAYMENTS MUST BE MAD E; 7
3. THE CONSEQUENCES OF N ONPAYMENT OR LATE 8
PAYMENT; AND 9
4. INFORMATION REGARDING THE RIGHT TO REQUEST A 10
CONTESTED CASE HEARI NG; AND 11
(III) ACCEPTING PAYMENTS FR OM, PURSUING COLLECTION 12
EFFORTS AGAINST , AND NEGOTIATING SETTLEMENT AGREEMENT S WITH 13
RESPONSIBLE PARTIES ; AND 14
(3) SUBJECT TO SUBSECTION (C) OF THIS SECTION , PROCEDURES 15
FOR IDENTIFYING CLIM ATE CHANGE ADAPTIVE OR MITIGATION INFRAS TRUCTURE 16
PROJECTS ELIGIBLE TO RECEIVE QUALIFYING E XPENDITURES FROM THE FUND. 17
(C) (1) THE DEPARTMENT MAY BY REG ULATION PROVIDE FOR CLIMATE 18
CHANGE ADAPTIVE OR M ITIGATION INFRASTRUC TURE PROJECTS TO BE IDENTIFIED 19
FOR FUNDING THROUGH : 20
(I) LEGISLATIVE BUDGET AP PROPRIATIONS ; 21
(II) THE ISSUANCE OF REQUE STS FOR PROPOSALS FR OM LOCAL 22
GOVERNMENTS, NONPROFIT ORGANIZATI ONS, OR COMMUNITY GROUPS ; OR 23
(III) ANY OTHER METHOD THE DEPARTMENT DEEMS 24
APPROPRIATE . 25
(2) THE DEPARTMENT SHALL ENSU RE THAT AT LEAST 40% OF THE 26
QUALIFIED EXPENDITUR ES FROM THE PROGRAM GO TO CLIMATE CHANGE 27
ADAPTIVE OR MITIG ATION INFRASTRUCTURE PROJECTS THAT DIRECT LY BENEFIT 28
COMMUNITIES DISPROPO RTIONATELY AFFECTED BY CLIMATE IMPACTS . 29
2–1708. 30 20 HOUSE BILL 128
(A) ON OR BEFORE OCTOBER 1, 2028, AND EACH OCTOBER 1 THEREAFTER , 1
THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH 2
§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 3
(1) THE COST RECOVERY PAY MENTS RECEIVED AND T HE FUNDING 4
DISBURSED FROM THE FUND DURING THE PRECE DING FISCAL YEAR ; 5
(2) THE STATUS OF CLIMATE CHANGE ADAPTIVE OR M ITIGATION 6
INFRASTRUCTUR E PROJECTS FUNDED UN DER THE PROGRAM; 7
(3) THE PERCENTAGE OF QUA LIFIED EXPENDITURES MADE DURING 8
THE PRECEDING FISCAL YEAR THAT FUNDED CLI MATE CHANGE ADAPTIVE OR 9
MITIGATION INFRASTRU CTURE PROJECTS THAT DIRECTLY BENEFITED 10
COMMUNITIES DISPROPO RTIONATELY AFFE CTED BY CLIMATE IMPA CTS; AND 11
(4) THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING THE 12
PURPOSES OF THIS SUB TITLE. 13
(B) (1) THE LEGISLATIVE AUDITOR MAY CONDUCT P OST AUDITS OF A 14
FISCAL AND COMPLIANC E NATURE OF THE FUND AND OF THE APPRO PRIATIONS AND 15
EXPENDITURES MADE FO R THE PURPOSES OF TH IS SUBTITLE. 16
(2) THE COST OF THE FISCA L PORTION OF AN AUDI T SHALL BE PAID 17
FROM THE FUND AS AN ADMINISTRA TIVE COST. 18
Article – Natural Resources 19
5–222. 20
(a) In this section, “Fund” means the Great Maryland Outdoors Fund. 21
(b) There is a Great Maryland Outdoors Fund in the Department. 22
(f) The Fund consists of: 23
(1) Money appropriated in the State budget to the Fund in accordance with 24
subsection (j) of this section; 25
(2) Interest earnings of the Fund; [and] 26
(3) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION 27
AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 28
ARTICLE; AND 29 HOUSE BILL 128 21
(4) Any other money from any other source accepted for the benefit of the 1
Fund. 2
8–2B–03. 3
(a) There is a Whole Watershed Fund. 4
(e) The Fund consists of: 5
(1) Revenue distributed to the Fund from: 6
(i) The Chesapeake and Atlantic Coastal Bays 2010 Trust Fund 7
established under § 8–2A–02 of this title; 8
(ii) The Bay Restoration Fund established under § 9–1605.2 of the 9
Environment Article; 10
(iii) The Clean Water Commerce Account established under § 11
9–1605.4 of the Environment Article; 12
(iv) The Maryland Agricultural Land Preservation Fund established 13
under § 2–505 of the Agriculture Article; 14
(v) The cost–sharing program established under § 8–702 of the 15
Agriculture Article; and 16
(vi) The Waterway Improvement Fund established under § 8–707 of 17
this title; 18
(2) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION 19
AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 20
ARTICLE; 21
(3) Money appropriated in the State budget to the Fund; 22
[(3)] (4) Interest earnings; and 23
[(4)] (5) Any other money from any other source accepted for the benefit 24
of the Fund. 25
Article – Public Safety 26
14–110.4. 27
(b) There is a Resilient Maryland Revolving Loan Fund. 28 22 HOUSE BILL 128
(h) The Fund consists of: 1
(1) money appropriated in the State budget to the Fund; 2
(2) investment and interest earnings of the Fund; 3
(3) repayments of principal and interest from loans made from the Fund; 4
(4) money received from the Federal Emergency Management Agency; 5
[and] 6
(5) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 7
AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 8
ARTICLE; AND 9
(6) any other money from any other source accepted for the benefit of the 10
Fund. 11
14–110.5. 12
(b) There is a State Disaster Recovery Fund. 13
(f) (1) The Governor may include in the annual budget bill an appropriation 14
to the Fund. 15
(2) The Fund [shall consist] CONSISTS of: 16
(i) money appropriated in the State budget to the Fund; 17
(ii) repayments of principal and interest from loans made from the 18
Fund; 19
(iii) reimbursements from the federal government or other legal 20
entities for disaster recovery assistance expenditures made from the Fund; 21
(iv) FUNDS RECEIVED FROM THE CLIMATE CHANGE 22
ADAPTATION AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE 23
ENVIRONMENT ARTICLE; 24
(V) interest earnings of the Fund; and 25
[(v)] (VI) any other money from any other source accepted for the 26
benefit of the Fund. 27
Article – State Government 28 HOUSE BILL 128 23
9–2012. 1
(b) There is an Energy Storage System Grant Program in the Administration. 2
(i) (1) There is an Energy Storage System Grant Fund. 3
(4) The Fund consists of: 4
(i) money appropriated in the State budget to the Fund; [and] 5
(ii) MONEY RECEIVED FROM THE CLIMATE CHANGE 6
ADAPTATION AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE 7
ENVIRONMENT ARTICLE; AND 8
(III) any other money from any other source accepted for the benefit 9
of the Fund. 10
9–2015. 11
(b) There is a Resiliency Hub Grant Program Fund. 12
(f) The Fund consists of: 13
(1) grant funding obtained under subsection (k) of this section; 14
(2) funds distributed to the Fund under § 9–20B–05 of this title and §§ 15
2–110.1 and 13–201 of the Public Utilities Article; 16
(3) money appropriated in the State budget to the Fund; 17
(4) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 18
AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 19
ARTICLE; 20
(5) interest earnings; and 21
[(5)] (6) any other money from any other source accepted for the benefit 22
of the Fund. 23
9–20B–05. 24
(a) There is a Maryland Strategic Energy Investment Fund. 25
(e) The Fund consists of: 26
24 HOUSE BILL 128
(1) all of the proceeds from the sale of allowances under § 2–1002(g) of the 1
Environment Article; 2
(2) money appropriated in the State budget to the Program; 3
(3) repayments and prepayments of principal and interest on loans made 4
from the Fund; 5
(4) interest and investment earnings on the Fund; 6
(5) compliance fees paid under § 7–705 of the Public Utilities Article; 7
(6) money received from any public or private source for the benefit of the 8
Fund; 9
(7) money transferred from the Public Service Commission under § 10
7–207.2(c)(3) of the Public Utilities Article; [and] 11
(8) money distributed under § 2–614.1 of the Tax – General Article; AND 12
(9) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 13
AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 14
ARTICLE. 15
(I–2) MONEY REC EIVED FROM THE CLIMATE CHANGE ADAPTATION AND 16
MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT ARTICLE 17
SHALL BE ACCOUNTED F OR SEPARATELY WITHIN THE FUND AND MAY BE USED FOR: 18
(1) ENERGY EFFICIENCY PR OGRAMS BENEFITING LO W–INCOME AND 19
MODERATE–INCOME HOUSEHOLDS ; AND 20
(2) OTHER CLEAN ENERGY I NVESTMENTS . 21
Article – Transportation 22
7–1202. 23
(a) There is a Transit–Oriented Development Capital Grant and Revolving Loan 24
Fund. 25
7–1203. 26
(a) The purpose of the Fund is to promote the equitable and inclusive 27
development of transit–oriented developments throughout the State. 28
(c) (1) The Fund consists of: 29 HOUSE BILL 128 25
(i) Money appropriated in the State budget to the Fund; 1
(ii) Money made available for qualifying uses by the Fund from other 2
governmental sources, including eligible federal funding and the Transportation Trust 3
Fund; 4
(iii) MONEY RECEIVED FROM T HE CLIMATE CHANGE 5
ADAPTATION AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE 6
ENVIRONMENT ARTICLE; 7
(IV) Ground rents or land sale proceeds in accordance with § 8
10–306(c)(2) of the State Finance and Procurement Article; 9
[(iv)] (V) Payments of principal of and interest on loans made under 10
this title; 11
[(v)] (VI) Investment earnings of the Fund; and 12
[(vi)] (VII) Any other money from any other source, public or private, 13
accepted for the benefit of the Fund. 14
(2) Contributions to the Fund under paragraph [(1)(iii)] (1)(IV) of this 15
subsection shall: 16
(i) Be separately accounted for in the Fund; and 17
(ii) Be used only for the benefit of transit–oriented developments in 18
the same county where the real property subject to the ground rent or land sale is located. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2025. 21