Maryland 2025 Regular Session

Maryland House Bill HB128 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb0128
10	9
11	10		HOUSE BILL 128
12		-	M3, M1, C2 (5lr1518)
13		-	ENROLLED BILL
14		-	— Economic Matters and Environment and Transportation/Education, Energy, and
15		-	the Environment and Finance —
16		-	Introduced by Delegate Fraser–Hidalgo
17		-
18		-	Read and Examined by Proofreaders:
19		-
20		-	_______________________________________________
21		-	Proofreader.
22		-	_______________________________________________
23		-	Proofreader.
24		-
25		-	Sealed with the Great Seal and presented to the Governor , for his approval this
26		-
27		-	_______ day of _______________ at ________________________ o’clock, ________M.
28		-
29		-	______________________________________________
30		-	Speaker.
	11	+	M3, M1, C2 5lr1518
	12	+	HB 1438/24 – ECM & ENT (PRE–FILED) CF SB 149
	13	+	By: Delegate Fraser–Hidalgo
	14	+	Requested: October 30, 2024
	15	+	Introduced and read first time: January 8, 2025
	16	+	Assigned to: Economic Matters and Environment and Transportation
	17	+	Committee Report: Favorable with amendments
	18	+	House action: Adopted
	19	+	Read second time: March 7, 2025
31	20
32	21		CHAPTER ______
33	22
34	23		AN ACT concerning 1
35	24
36	25		Responding to Emergency Needs From Extreme Weather (RENEW) Act of 2025 2
37	26		Climate Change Adaptation and Mitigation – Total Assessed Cost of Greenhouse 3
38	27		Gas Emissions – Study and Reports 4
39	28
40	29		FOR the purpose of establishing the Climate Change Adaptation and Mitigation Payment 5
41	30		Program in the Department of the Environment to secure payments from certain 6
42	31		businesses that extract fossil fuels or refine petroleum products in order to provide 7
43	32		a source of revenue for State efforts to adapt to or mitigate the effects of climate 8
44	33		change and to address the health impacts of climate change on vulnerable 9
45	34		populations; establishing the Climate Change Adaptation and Mitigation Fund as a 10
46	35		special, nonlapsing fund; authorizing the Legislative Auditor to conduct certain 11
47	36		audits of the Fund and of the appropriations and expenditures made for the purposes 12
48	37		of the Climate Change Adaptation and Mitigation Payment Program; requiring the 13
49		-	Comptroller, in coordination with the Department of the Environment and the 14 2 HOUSE BILL 128
	38	+	Comptroller, in coordination with the Department of the Environment and the 14
	39	+	Department of Commerce, to report to certain committees on or before a certain date 15
	40	+	on the total assessed cost of greenhouse gas emissions in the State based on the 16
	41	+	findings of a certain study; authorizing the Comptroller to hire a consultant to 17
	42	+	conduct the study; requiring the report to include certain information and 18
	43	+	calculations; and generally relating to the Climate Change Adaptation and 19
	44	+	Mitigation Payment Program greenhouse gas emissions in the State. 20
	45	+
	46	+	BY repealing and reenacting, without amendments, 21
	47	+	Article – Environment 22
	48	+	Section 2–1504(a) 23 2 HOUSE BILL 128
50	49
51	50
52		-	Department of Commerce, to conduct a study to assess the total cost of greenhouse 1
53		-	gas emissions in the State and report certain findings report to certain committees 2
54		-	on or before a certain date on the total assessed cost of greenhouse gas emissions in 3
55		-	the State based on the findings of a certain study; authorizing the Comptroller to 4
56		-	hire a consultant to conduct the study; requiring the report to include certain 5
57		-	information and calculations; and generally relating to the Climate Change 6
58		-	Adaptation and Mitigation Payment Program greenhouse gas emissions in the State. 7
	51	+	Annotated Code of Maryland 1
	52	+	(2013 Replacement Volume and 2024 Supplement) 2
59	53
60		-	BY repealing and reenacting, without amendments, 8
	54	+	BY repealing and reenacting, with amendments, 3
	55	+	Article – Environment 4
	56	+	Section 2–1504(e) 5
	57	+	Annotated Code of Maryland 6
	58	+	(2013 Replacement Volume and 2024 Supplement) 7
	59	+
	60	+	BY adding to 8
61	61		Article – Environment 9
62		-	Section 2–1504(a) 10
63		-	Annotated Code of Maryland 11
64		-	(2013 Replacement Volume and 2024 Supplement) 12
	62	+	Section 2–1701 through 2–1708 to be under the new subtitle “Subtitle 17. Climate 10
	63	+	Change Adaptation and Mitigation Payment Program” 11
	64	+	Annotated Code of Maryland 12
	65	+	(2013 Replacement Volume and 2024 Supplement) 13
65	66
66		-	BY repealing and reenacting, ~~with~~ amendments, 13
67		-	Article – ~~Environment 14~~
68		-	Section 2–~~1504~~(e) 15
69		-	Annotated Code of Maryland 16
70		-	(~~2013~~ Replacement Volume and 2024 Supplement) 17
	67	+	BY repealing and reenacting, without amendments, 14
	68	+	Article – Natural Resources 15
	69	+	Section 5–222(a) and (b) and 8–2B–03(a) 16
	70	+	Annotated Code of Maryland 17
	71	+	(2023 Replacement Volume and 2024 Supplement) 18
71	72
72		-	BY adding to 18
73		-	Article – Environment 19
74		-	Section 2–1701 through 2–1708 to be under the new subtitle “Subtitle 17. Climate 20
75		-	Change Adaptation and Mitigation Payment Program” 21
	73	+	BY repealing and reenacting, with amendments, 19
	74	+	Article – Natural Resources 20
	75	+	Section 5–222(f) and 8–2B–03(e) 21
76	76		Annotated Code of Maryland 22
77		-	(~~2013~~ Replacement Volume and 2024 Supplement) 23
	77	+	(2023 Replacement Volume and 2024 Supplement) 23
78	78
79	79		BY repealing and reenacting, without amendments, 24
80		-	Article – ~~Natural Resources~~ 25
81		-	Section 5–~~222(a) and~~ (b) and 8–~~2B–03~~(a) 26
	80	+	Article – Public Safety 25
	81	+	Section 14–110.4(b) and 14–110.5(b) 26
82	82		Annotated Code of Maryland 27
83		-	(~~2023~~ Replacement Volume and 2024 Supplement) 28
	83	+	(2022 Replacement Volume and 2024 Supplement) 28
84	84
85	85		BY repealing and reenacting, with amendments, 29
86		-	Article – ~~Natural Resources~~ 30
87		-	Section 5~~–222~~(f) ~~and 8–2B–03(e)~~ 31
	86	+	Article – Public Safety 30
	87	+	Section 14–110.4(h) and 14–110.5(f) 31
88	88		Annotated Code of Maryland 32
89		-	(~~2023~~ Replacement Volume and 2024 Supplement) 33
	89	+	(2022 Replacement Volume and 2024 Supplement) 33
90	90
91	91		BY repealing and reenacting, without amendments, 34
92		-	Article – ~~Public Safety~~ 35
93		-	Section 14–~~110.4~~(b) and 14–~~110.5~~(b) 36
	92	+	Article – State Government 35
	93	+	Section 9–2012(b) and (i)(1), 9–2015(b), and 9–20B–05(a) 36
94	94		Annotated Code of Maryland 37
95		-	(~~2022~~ Replacement Volume and 2024 Supplement) 38
	95	+	(2021 Replacement Volume and 2024 Supplement) 38
96	96
97		-	BY repealing and reenacting, with amendments, 39
98		-	Article – Public Safety 40 HOUSE BILL 128 3
	97	+	BY repealing and reenacting, with amendments, 39 HOUSE BILL 128 3
99	98
100	99
101		-	Section 14–110.4(h) and 14–110.5(f) 1
102		-	Annotated Code of Maryland 2
103		-	(2022 Replacement Volume and 2024 Supplement) 3
	100	+	Article – State Government 1
	101	+	Section 9–2012(i)(4), 9–2015(f), and 9–20B–05(e) 2
	102	+	Annotated Code of Maryland 3
	103	+	(2021 Replacement Volume and 2024 Supplement) 4
104	104
105		-	BY ~~repealing and reenacting,~~ ~~without amendments, 4~~
106		-	Article – State Government 5
107		-	Section ~~9–2012(b) and (i)(1), 9–2015(b), and~~ 9–20B–05(a) 6
108		-	Annotated Code of Maryland 7
109		-	(2021 Replacement Volume and 2024 Supplement) 8
	105	+	BY adding to 5
	106	+	Article – State Government 6
	107	+	Section 9–20B–05(i–2) 7
	108	+	Annotated Code of Maryland 8
	109	+	(2021 Replacement Volume and 2024 Supplement) 9
110	110
111		-	BY repealing and reenacting, ~~with~~ amendments, 9
112		-	Article – ~~State Government 10~~
113		-	Section 9–~~2012~~(i)~~(4), 9–2015(f),~~ and 9–~~20B–05~~(e) 11
114		-	Annotated Code of Maryland 12
115		-	(~~2021~~ Replacement Volume and 2024 Supplement) 13
	111	+	BY repealing and reenacting, without amendments, 10
	112	+	Article – Transportation 11
	113	+	Section 7–1202(a) and 7–1203(a) 12
	114	+	Annotated Code of Maryland 13
	115	+	(2020 Replacement Volume and 2024 Supplement) 14
116	116
117		-	BY ~~adding to 14~~
118		-	Article – ~~State Government 15~~
119		-	Section 9–~~20B–05~~(~~i–2~~) 16
120		-	Annotated Code of Maryland 17
121		-	(~~2021~~ Replacement Volume and 2024 Supplement) 18
	117	+	BY repealing and reenacting, with amendments, 15
	118	+	Article – Transportation 16
	119	+	Section 7–1203(c) 17
	120	+	Annotated Code of Maryland 18
	121	+	(2020 Replacement Volume and 2024 Supplement) 19
122	122
123		-	BY repealing and reenacting, without amendments, 19
124		-	Article – Transportation 20
125		-	Section 7–1202(a) and 7–1203(a) 21
126		-	Annotated Code of Maryland 22
127		-	(2020 Replacement Volume and 2024 Supplement) 23
	123	+	Preamble 20
128	124
129		-	BY repealing and reenacting, with amendments, 24
130		-	Article – Transportation 25
131		-	Section 7–1203(c) 26
132		-	Annotated Code of Maryland 27
133		-	(2020 Replacement Volume and 2024 Supplement) 28
	125	+	WHEREAS, Climate change, resulting primarily from the combustion of fossil fuels, 21
	126	+	is an immediate, grave threat to the State’s communities, environment, and economy; and 22
134	127
135		-	Preamble 29
	128	+	WHEREAS, In addition to mitigating the further buildup of greenhouse gases, the 23
	129	+	State must take action to adapt to certain consequences of climate change that are 24
	130	+	irreversible, including rising sea levels, increasing temperatures, extreme weather events, 25
	131	+	flooding, heat waves, toxic algae blooms, and other threats; and 26
136	132
137		-	WHEREAS, Climate change, resulting primarily from the combustion of fossil fuels, 30
138		-	is an immediate, grave threat to the State’s communities, environment, and economy; and 31
	133	+	WHEREAS, Meeting the challenge of adapting to and mitigating the effects of 27
	134	+	climate change will require a shared commitment of purpose and huge investments in new 28
	135	+	or upgraded infrastructure; and 29
139	136
140		-	WHEREAS, In addition to mitigating the further buildup of greenhouse gases, the 32
141		-	State must take action to adapt to certain consequences of climate change that are 33
142		-	irreversible, including rising sea levels, increasing temperatures, extreme weather events, 34
143		-	flooding, heat waves, toxic algae blooms, and other threats; and 35
	137	+	WHEREAS, The State has previously adopted programs, such as the Cigarette 30
	138	+	Restitution Fund Program, to require industries that have profited by harming the public 31
	139	+	welfare to shoulder their share of the burden in redressing that harm; and 32
144	140
145		-	WHEREAS, Meeting the challenge of adapting to and mitigating the effects of 36
146		-	climate change will require a shared commitment of purpose and huge investments in new 37
147		-	or upgraded infrastructure; and 38 4 HOUSE BILL 128
	141	+	WHEREAS, Based on decades of research, it is now possible to determine with great 33
	142	+	accuracy the share of greenhouse gases released into the atmosphere by specific fossil fuel 34
	143	+	companies over the last 70 years or more, making it possible to assign liability and require 35
	144	+	compensation from companies commensurate with their emissions during a given time 36
	145	+	period; now, therefore, 37
	146	+	4 HOUSE BILL 128
	147	+
	148	+
	149	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	150	+	That the Laws of Maryland read as follows: 2
	151	+
	152	+	Article – Environment 3
	153	+
	154	+	2–1504. 4
	155	+
	156	+	(a) There is a Zero–Emission Vehicle School Bus Transition Fund. 5
	157	+
	158	+	(e) The Fund consists of: 6
	159	+
	160	+	(1) Money appropriated in the State budget to the Fund; 7
	161	+
	162	+	(2) Interest earnings of the Fund; 8
	163	+
	164	+	(3) Donations; 9
	165	+
	166	+	(4) Money derived from legal settlements earmarked for the purpose of 10
	167	+	transitioning to school buses that are zero–emission vehicles; [and] 11
	168	+
	169	+	(5) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION 12
	170	+	AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THIS TITLE; AND 13
	171	+
	172	+	(6) Any other money from any other source accepted for the benefit of the 14
	173	+	Fund. 15
	174	+
	175	+	SUBTITLE 17. CLIMATE CHANGE ADAPTATION AND MITIGATION PAYMENT 16
	176	+	PROGRAM. 17
	177	+
	178	+	2–1701. 18
	179	+
	180	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19
	181	+	INDICATED. 20
	182	+
	183	+	(B) (1) “CLIMATE CHANGE ADAPTI VE OR MITIGATION INF RASTRUCTURE 21
	184	+	PROJECT” MEANS AN INFRASTRUCT URE PROJECT DESIGNED TO AVOID, MODERATE, 22
	185	+	OR REPAIR DAMAGE CAU SED BY CLIMATE CHANG E. 23
	186	+
	187	+	(2) “CLIMATE CHANGE ADAPTI VE OR MITIGATION INF RASTRUCTURE 24
	188	+	PROJECT” INCLUDES PROJECTS T O: 25
	189	+
	190	+	(I) CONSTRUCT SEAWALLS OR OTHER COASTAL DEFENS E 26
	191	+	STRUCTURES ; 27
	192	+
	193	+	(II) UPGRADE STORMWATER OR SEWER SYSTEMS ; 28
	194	+	HOUSE BILL 128 5
	195	+
	196	+
	197	+	(III) MAKE DEFENSIVE UPGRAD ES TO ROADS , BRIDGES, RAIL 1
	198	+	INFRASTRUCTURE , OR OTHER TRANSIT SYS TEMS; 2
	199	+
	200	+	(IV) PREPARE FOR AND RECOV ER FROM HURRI CANES AND 3
	201	+	OTHER EXTREME WEATHE R EVENTS; 4
	202	+
	203	+	(V) RELOCATE, ELEVATE, OR RETROFIT WASTEWAT ER 5
	204	+	TREATMENT PLANTS THA T ARE VULNERABLE TO FLOODING; 6
	205	+
	206	+	(VI) INSTALL HEAT PUMPS AN D OTHER CLEAN ENERGY 7
	207	+	RETROFITS IN PUBLIC AND PRIVATE BUILDING S, INCLUDING SCHOOL BUILDINGS; 8
	208	+	AND 9
	209	+
	210	+	(VII) RESPOND TO TOXIC ALGA E BLOOMS , THE LOSS OF 10
	211	+	AGRICULTURAL TOPSOIL , AND OTHER CLIMATE –DRIVEN ECOSYSTEM THR EATS TO 11
	212	+	FORESTS, FARMS, AND FISHERIES. 12
	213	+
	214	+	(C) “COAL” INCLUDES: 13
	215	+
	216	+	(1) BITUMINOUS COAL ; 14
	217	+
	218	+	(2) ANTHRACITE COAL ; AND 15
	219	+
	220	+	(3) LIGNITE. 16
	221	+
	222	+	(D) “COMMUNITY DISPROPORTI ONATELY AFFECTED BY CLIMATE IMPACTS ” 17
	223	+	MEANS A COMMUNITY ID ENTIFIED IN ACCORDAN CE WITH § 1–702 OF THIS ARTICLE. 18
	224	+
	225	+	(E) “CONTROLLED GROUP ” MEANS TWO OR MORE EN TITIES TREATED AS A 19
	226	+	SINGLE EMPLOYER UNDE R: 20
	227	+
	228	+	(1) § 52(A) OR (B) OF THE INTERNAL REVENUE CODE, WITHOUT 21
	229	+	REGARD TO § 1563(B)(2)(C) OF THE INTERNAL REVENUE CODE; OR 22
	230	+
	231	+	(2) § 414(M) OR (O) OF THE INTERNAL REVENUE CODE. 23
	232	+
	233	+	(F) “COST RECOVERY DEMAND ” MEANS A CHARGE ASSER TED AGAINST A 24
	234	+	RESPONSIBLE PARTY FO R COST RECOVERY PAYM ENTS UNDER THE PROGRAM. 25
	235	+
	236	+	(G) “COVERED GREENHOUSE GA S EMISSIONS ” MEANS THE TOTAL 26
	237	+	QUANTITY OF GREENHOU SE GASES RELEASED IN TO THE ATMOSPHERE DU RING THE 27
	238	+	COVERED PERIOD , EXPRESSED IN METRIC TONS OF CARBON DIOXI DE EQUIVALENT , 28
	239	+	RESULTING FROM THE U SE OF FOSSIL FUELS O R PETROLEUM PRODUCTS 29
	240	+	EXTRACTED, PRODUCED, REFINED, OR SOLD BY AN ENTITY . 30 6 HOUSE BILL 128
148	241
149	242
150	243
151		-	WHEREAS, The State has previously adopted programs, such as the Ci garette 1
152		-	Restitution Fund Program, to require industries that have profited by harming the public 2
153		-	welfare to shoulder their share of the burden in redressing that harm; and 3
	244	+	(H) “COVERED PERIOD ” MEANS MARCH 21, 1994, THROUGH DECEMBER 31, 1
	245	+	2023, BOTH INCLUSIVE . 2
154	246
155		-	WHEREAS, Based on decades of research, it is now possible to determine with great 4
156		-	accuracy the share of greenhouse gases released into the atmosphere by specific fossil fuel 5
157		-	companies over the last 70 years or more, making it possible to assign liability and require 6
158		-	compensation from companies commensurate with their emissions during a given time 7
159		-	period; now, therefore, 8
	247	+	(I) (1) “CRUDE OIL” MEANS OIL OR PETROLE UM OF ANY KIND AND I N 3
	248	+	ANY FORM. 4
160	249
161		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
162		-	That the Laws of Maryland read as follows: 10
	250	+	(2) “CRUDE OIL” INCLUDES: 5
163	251
164		-	~~Article – Environment 11~~
	252	+	(I) BITUMEN; 6
165	253
166		-	~~2–1504. 12~~
	254	+	(II) OIL SANDS; 7
167	255
168		-	(a) ~~There is a Zero–Emission Vehicle School Bus Transition Fund. 13~~
	256	+	(III) HEAVY OIL; 8
169	257
170		-	(e) ~~The Fund consists of:~~ 14
	258	+	(IV) CONVENTIONAL AND UNCO NVENTIONAL OIL ; 9
171	259
172		-	(1) ~~Money appropriated in the State budget to the Fund~~; 15
	260	+	(V) SHALE OIL; 10
173	261
174		-	(2) ~~Interest earnings of the Fund~~; 16
	262	+	(VI) NATURAL GAS LIQUIDS ; 11
175	263
176		-	(3) ~~Donations~~; 17
	264	+	(VII) CONDENSATES ; AND 12
177	265
178		-	(4) Money derived from legal settlements earmarked for the purpose of 18
179		-	transitioning to school buses that are zero–emission vehicles; [and] 19
	266	+	(VIII) RELATED FOSSIL FUELS . 13
180	267
181		-	(5) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION 20
182		-	AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THIS TITLE; AND 21
	268	+	(J) “ENTITY” MEANS ANY INDIVIDUAL, TRUSTEE, AGENT, PARTNERSHIP , 14
	269	+	ASSOCIATION, CORPORATION , COMPANY, MUNICIPAL CORPORATIO N, POLITICAL 15
	270	+	SUBDIVISION, OR OTHER PERSON , INCLUDING A FOREIGN NATION, THAT HOLDS OR 16
	271	+	HELD AN OWNERSHIP IN TEREST IN A FOSSIL F UEL BUSINESS DURING THE COVERED 17
	272	+	PERIOD. 18
183	273
184		-	(6) ~~Any other money from any other source accepted for the benefit of the 22~~
185		-	~~Fund~~. 23
	274	+	(K) “FOSSIL FUEL” MEANS COAL , PETROLEUM PRODUCTS , AND FUEL 19
	275	+	GASES. 20
186	276
187		-	~~SUBTITLE 17.~~ ~~CLIMATE CHANGE ADAPTATION AND MITIGATION PAYMENT 24~~
188		-	~~PROGRAM~~. 25
	277	+	(L) “FOSSIL FUEL BUSINESS ” MEANS A BUSINESS ENG AGING IN THE 21
	278	+	EXTRACTION OF FOSSIL FUELS OR THE REFININ G OF PETROLEUM PRODU CTS. 22
189	279
190		-	~~2–1701. 26~~
	280	+	(M) “FUEL GAS” INCLUDES: 23
191	281
192		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 27
193		-	INDICATED. 28
194		-	HOUSE BILL 128 5
	282	+	(1) METHANE; 24
195	283
	284	+	(2) NATURAL GAS; 25
196	285
197		-	(B) (1) “CLIMATE CHANGE ADAPTI VE OR MITIGATION INF RASTRUCTURE 1
198		-	PROJECT” MEANS AN INFRASTRUCT URE PROJECT DESIGNED TO AVOID, MODERATE, 2
199		-	OR REPAIR DAMAGE CAU SED BY CLIMATE CHANG E. 3
200		-
201		-	(2) “CLIMATE CHANGE ADAPTI VE OR MITIGATION INF RASTRUCTURE 4
202		-	PROJECT” INCLUDES PROJECTS T O: 5
203		-
204		-	(I) CONSTRUCT SEAWALLS OR OTHER COASTAL DEFENS E 6
205		-	STRUCTURES ; 7
206		-
207		-	(II) UPGRADE STORMWATER OR SEWER SYSTEMS ; 8
208		-
209		-	(III) MAKE DEFENSIVE UPGRAD ES TO ROADS , BRIDGES, RAIL 9
210		-	INFRASTRUCTURE , OR OTHER TRANSIT SYS TEMS; 10
211		-
212		-	(IV) PREPARE FOR AND RECOV ER FROM HURRI CANES AND 11
213		-	OTHER EXTREME WEATHE R EVENTS; 12
214		-
215		-	(V) RELOCATE, ELEVATE, OR RETROFIT WASTEWAT ER 13
216		-	TREATMENT PLANTS THA T ARE VULNERABLE TO FLOODING; 14
217		-
218		-	(VI) INSTALL HEAT PUMPS AN D OTHER CLEAN ENERGY 15
219		-	RETROFITS IN PUBLIC AND PRIVATE BUILDING S, INCLUDING SCHOOL BUI LDINGS; 16
220		-	AND 17
221		-
222		-	(VII) RESPOND TO TOXIC ALGA E BLOOMS , THE LOSS OF 18
223		-	AGRICULTURAL TOPSOIL , AND OTHER CLIMATE –DRIVEN ECOSYSTEM THR EATS TO 19
224		-	FORESTS, FARMS, AND FISHERIES. 20
225		-
226		-	(C) “COAL” INCLUDES: 21
227		-
228		-	(1) BITUMINOUS COAL ; 22
229		-
230		-	(2) ANTHRACITE COAL ; AND 23
231		-
232		-	(3) LIGNITE. 24
233		-
234		-	(D) “COMMUNITY DISPROPORTI ONATELY AFFECTED BY CLIMATE IMPACTS ” 25
235		-	MEANS A COMMUNITY ID ENTIFIED IN ACCORDAN CE WITH § 1–702 OF THIS ARTICLE. 26
236		-
237		-	(E) “CONTROLLED GROUP ” MEANS TWO OR MORE EN TITIES TREATED AS A 27
238		-	SINGLE EMPLOYER UNDE R: 28
239		-	6 HOUSE BILL 128
240		-
241		-
242		-	(1) § 52(A) OR (B) OF THE INTERNAL REVENUE CODE, WITHOUT 1
243		-	REGARD TO § 1563(B)(2)(C) OF THE INTERNAL REVENUE CODE; OR 2
244		-
245		-	(2) § 414(M) OR (O) OF THE INTERNAL REVENUE CODE. 3
246		-
247		-	(F) “COST RECOVERY DEMAND ” MEANS A CHARGE ASSER TED AGAINST A 4
248		-	RESPONSIBLE PARTY FO R COST RECOVERY PAYM ENTS UNDER THE PROGRAM. 5
249		-
250		-	(G) “COVERED GREENHOUSE GA S EMISSIONS ” MEANS THE TOTAL 6
251		-	QUANTITY OF GREENHOU SE GASES RELEASED IN TO THE ATMOSPHERE DU RING THE 7
252		-	COVERED PERIOD , EXPRESSED IN METRIC TONS OF CARBON DIOXI DE EQUIVALENT , 8
253		-	RESULTING FROM THE U SE OF FOSSIL FUELS O R PETROLEUM PRODUCTS 9
254		-	EXTRACTED, PRODUCED, REFINED, OR SOLD BY AN ENTITY . 10
255		-
256		-	(H) “COVERED PERIOD ” MEANS MARCH 21, 1994, THROUGH DECEMBER 31, 11
257		-	2023, BOTH INCLUSIVE . 12
258		-
259		-	(I) (1) “CRUDE OIL” MEANS OIL OR PETROLE UM OF ANY KIND AND I N 13
260		-	ANY FORM. 14
261		-
262		-	(2) “CRUDE OIL” INCLUDES: 15
263		-
264		-	(I) BITUMEN; 16
265		-
266		-	(II) OIL SANDS; 17
267		-
268		-	(III) HEAVY OIL; 18
269		-
270		-	(IV) CONVENTIONAL AND UNCO NVENTIONAL OIL ; 19
271		-
272		-	(V) SHALE OIL; 20
273		-
274		-	(VI) NATURAL GAS LIQUIDS ; 21
275		-
276		-	(VII) CONDENSATES ; AND 22
277		-
278		-	(VIII) RELATED FOSSIL FUELS . 23
279		-
280		-	(J) “ENTITY” MEANS ANY INDIVIDUAL , TRUSTEE, AGENT, PARTNERSHIP , 24
281		-	ASSOCIATION, CORPORATION , COMPANY, MUNICIPAL CORPORATIO N, POLITICAL 25
282		-	SUBDIVISION, OR OTHER PERSON , INCLUDING A FOREIGN NATION, THAT HOLDS OR 26
283		-	HELD AN OWNERSHIP IN TEREST IN A FOSSIL F UEL BUSINESS DURING THE COVERED 27
284		-	PERIOD. 28
	286	+	(3) LIQUEFIED NATURAL GAS ; AND 26
285	287		HOUSE BILL 128 7
286	288
287	289
288		-	(K) “FOSSIL FUEL” MEANS COAL , PETROLEUM PRODUCTS , AND FUEL 1
289		-	GASES. 2
	290	+	(4) MANUFACTURED FUEL GAS ES. 1
290	291
291		-	(L) “~~FOSSIL FUEL BUSINESS~~ ” MEANS ~~A BUSINESS ENG AGING IN~~ THE 3
292		-	~~EXTRACTION~~ OF ~~FOSSIL FUELS OR THE REFININ G OF PETROLEUM PRODU CTS~~. 4
	292	+	(N) “FUND” MEANS THE CLIMATE CHANGE ADAPTATION AND MITIGATION 2
	293	+	FUND ESTABLISHED UNDE R § 2–1705 OF THIS SUBTITLE. 3
293	294
294		-	(M) “FUEL GAS” INCLUDES: 5
	295	+	(O) “GREENHOUSE GAS ” HAS THE MEANING STAT ED IN § 2–1202 OF THIS 4
	296	+	TITLE. 5
295	297
296		-	(1) METHANE; 6
	298	+	(P) “NOTICE OF COST RECOVE RY DEMAND ” MEANS A WRITTEN 6
	299	+	COMMUNICATION INFORM ING A RESPONSIBLE PA RTY OF THE AMOUNT OF THE COST 7
	300	+	RECOVERY DEMAND PAYA BLE TO THE DEPARTMENT UNDER THIS SUBTITLE. 8
297	301
298		-	(2) NATURAL GAS; 7
	302	+	(Q) “PETROLEUM PRODUCT ” MEANS ANY PRODUCT RE FINED OR 9
	303	+	RE–REFINED FROM : 10
299	304
300		-	(3) ~~LIQUEFIED NATURAL GAS~~ ; ~~AND 8~~
	305	+	(1) SYNTHETIC OR CRUDE OI L; OR 11
301	306
302		-	(4) MANUFACTURED FUEL GAS ES. 9
	307	+	(2) CRUDE OIL EXTRACTED F ROM NATURAL GAS LIQU IDS OR OTHER 12
	308	+	SOURCES. 13
303	309
304		-	(N) “FUND” MEANS THE CLIMATE CHANGE ADAPTATION AND MITIGATION 10
305		-	FUND ESTABLISHED UNDE R § 2–1705 OF THIS SUBTITLE. 11
	310	+	(R) “PROGRAM” MEANS THE CLIMATE CHANGE ADAPTATION AND 14
	311	+	MITIGATION PAYMENT PROGRAM ESTABLISHED U NDER § 2–1703 OF THIS 15
	312	+	SUBTITLE. 16
306	313
307		-	(O) “GREENHOUSE GAS ” HAS THE MEANING STAT ED IN § 2–1202 OF THIS 12
308		-	TITLE. 13
	314	+	(S) (1) “QUALIFYING EXPENDITUR E” MEANS AN AUTHORIZED PAYMENT 17
	315	+	FROM THE FUND IN SUPPORT OF A CLIMATE CHANGE ADAPT IVE OR MITIGATION 18
	316	+	INFRASTRUCTURE PROJE CT. 19
309	317
310		-	(P) “NOTICE OF COST RECOVE RY DEMAND ” MEANS A WRITTEN 14
311		-	COMMUNICATION INFORM ING A RESPONSIBLE PA RTY OF THE AMOUNT OF THE COST 15
312		-	RECOVERY DEMAND PAYA BLE TO THE DEPARTMENT UNDER THIS SUBTITLE. 16
	318	+	(2) “QUALIFYING EXPENDITUR E” INCLUDES, TO THE EXTENT 20
	319	+	AUTHORIZED IN DEPARTMENT REGULATION S, A PAYMENT TOWA RD THE OPERATION 21
	320	+	AND MAINTENANCE OF A CLIMATE CHANGE ADAPT IVE OR MITIGATION 22
	321	+	INFRASTRUCTURE PROJE CT. 23
313	322
314		-	(Q) “~~PETROLEUM PRODUCT~~ ” MEANS ~~ANY PRODUCT RE FINED~~ OR 17
315		-	~~RE–REFINED FROM~~ : 18
	323	+	(T) (1) “RESPONSIBLE PARTY ” MEANS AN ENTITY , OR A SUCCESSOR IN 24
	324	+	INTEREST TO AN ENTIT Y, THAT: 25
316	325
317		-	(1) SYNTHETIC OR CRUDE OI L; OR 19
	326	+	(I) DURING ANY PART OF TH E COVERED PERIOD , WAS 26
	327	+	ENGAGED IN THE TRADE OR BUSINES S OF EXTRACTING FOSS IL FUEL OR REFINING 27
	328	+	CRUDE OIL; AND 28
318	329
319		-	(2) CRUDE OIL EXTRACTED F ROM NATURAL GAS LIQU IDS OR OTHER 20
320		-	SOURCES. 21
321		-
322		-	(R) “PROGRAM” MEANS THE CLIMATE CHANGE ADAPTATION AND 22
323		-	MITIGATION PAYMENT PROGRAM ESTABLISHED U NDER § 2–1703 OF THIS 23
324		-	SUBTITLE. 24
325		-
326		-	(S) (1) “QUALIFYING EXPENDITURE ” MEANS AN AUTHORIZED PAYMENT 25
327		-	FROM THE FUND IN SUPPORT OF A CLIMATE CHANGE ADAPT IVE OR MITIGATION 26
328		-	INFRASTRUCTURE PROJE CT. 27
329		-
330		-	(2) “QUALIFYING EXPENDITUR E” INCLUDES, TO THE EXTENT 28
331		-	AUTHORIZED IN DEPARTMENT REGULATION S, A PAYMENT TOWARD THE OPERATION 29 8 HOUSE BILL 128
	330	+	(II) IS DETERMINED BY THE DEPARTMENT TO BE RESP ONSIBLE 29
	331	+	FOR MORE THAN 1,000,000,000 TONS OF COVERED GREE NHOUSE GAS EMISSIONS . 30
	332	+	8 HOUSE BILL 128
332	333
333	334
334		-	AND MAINTENANCE OF A CLIMATE CHANGE ADAPT IVE OR MITIGATION 1
335		-	INFRASTRUCTURE PROJE CT. 2
	335	+	(2) “RESPONSIBLE PARTY ” DOES NOT INCLUDE ANY PERSON THAT 1
	336	+	LACKS SUFFICIENT CON NECTION WITH THE STATE TO SATISFY THE NEXUS 2
	337	+	REQUIREMENTS OF THE UNITED STATES CONSTITUTION. 3
336	338
337		-	(T) (1) “RESPONSIBLE PARTY ” MEANS AN ENTITY , OR A SUCCESSOR IN 3
338		-	INTEREST TO AN ENTIT Y, THAT: 4
	339	+	(U) “TOTAL ASSESSED COST O F GREENHOUSE GAS EMI SSIONS” MEANS THE 4
	340	+	TOTAL ASSESSED COST TO THE STATE AND ITS RESIDEN TS OF COVERED 5
	341	+	GREENHOU SE GAS EMISSIONS DUR ING THE COVERED PERI OD, AS DETERMINED BY 6
	342	+	THE STATE TREASURER IN ACCORDAN CE WITH § 2–1704(C) OF THIS SUBTITLE. 7
339	343
340		-	(I) DURING ANY PART OF TH E COVERED PERIOD , WAS 5
341		-	ENGAGED IN THE TRADE OR BUSINESS OF EXTRACTING FOSSIL FUEL OR REFIN ING 6
342		-	CRUDE OIL; AND 7
	344	+	2–1702. 8
343	345
344		-	(II) IS DETERMINED BY THE DEPARTMENT TO BE RESP ONSIBLE 8
345		-	FOR MORE THAN 1,000,000,000 TONS OF COVERED GREE NHOUSE GAS EMISSIONS . 9
	346	+	(A) THIS SUBTITLE MAY NOT BE CONSTRUED TO : 9
346	347
347		-	(2) “RESPONSIBLE PARTY ” DOES NOT INCLUDE ANY PERSON THAT 10
348		-	LACKS SUFFICIENT CONNECTION WITH THE STATE TO SATISFY THE NEXUS 11
349		-	REQUIREMENTS OF THE UNITED STATES CONSTITUTION. 12
	348	+	(1) RELIEVE THE LIABILITY OF AN ENTITY FOR DAM AGES RESULTING 10
	349	+	FROM CLIMATE CHANGE , AS PROVIDED BY LAW ; 11
350	350
351		-	(U) “TOTAL ASSESSED COST O F GREENHOUSE GAS EMI SSIONS” MEANS THE 13
352		-	TOTAL ASSESSED COST TO THE STATE AND ITS RESIDEN TS OF COVERED 14
353		-	GREENHOUSE GAS EMISSIONS DURING THE COVERED PERIOD , AS DETERMINED BY 15
354		-	THE STATE TREASURER IN ACCORDAN CE WITH § 2–1704(C) OF THIS SUBTITLE. 16
	351	+	(2) PREEMPT, DISPLACE, OR RESTRICT ANY RIGH T OR REMEDY OF A 12
	352	+	PERSON OR UNIT OF STATE OR LOCAL GOVERN MENT UNDER THE LAW R ELATING TO 13
	353	+	A PAST, PRESENT, OR FUTURE ALLEGATION OF: 14
355	354
356		-	2–1702. 17
	355	+	(I) DECEPTION CONCERNING THE EFFECTS OF FOSSIL FU ELS 15
	356	+	ON CLIMATE CHANGE ; 16
357	357
358		-	(A) THIS SUBTITLE MAY NOT BE CONSTRUED TO : 18
	358	+	(II) DAMAGE OR INJURY RESU LTING FROM THE ROLE OF FOSSIL 17
	359	+	FUELS IN CONTRIBUTIN G TO CLIMATE CHANGE ; OR 18
359	360
360		-	(1) ~~RELIEVE THE LIABILITY OF AN ENTITY FOR DAM AGES RESULTING~~ 19
361		-	~~FROM~~ CLIMATE CHANGE , ~~AS PROVIDED BY LAW ;~~ 20
	361	+	(III) FAILURE TO AVOID DAMA GE OR INJURY RELATIN G TO 19
	362	+	CLIMATE CHANGE , INCLUDING CLAIMS FOR : 20
362	363
363		-	(2) PREEMPT, DISPLACE, OR RESTRICT ANY RIGH T OR REMEDY OF A 21
364		-	PERSON OR UNIT OF STATE OR LOCAL GOVERN MENT UNDER THE LAW R ELATING TO 22
365		-	A PAST, PRESENT, OR FUTURE ALLEGATION OF: 23
	364	+	1. NUISANCE; 21
366	365
367		-	(I) DECEPTION CONCERNING THE EFFECT S OF FOSSIL FUELS 24
368		-	ON CLIMATE CHANGE ; 25
	366	+	2. TRESPASS; 22
369	367
370		-	(II) DAMAGE OR INJURY RESU LTING FROM THE ROLE OF FOSSIL 26
371		-	FUELS IN CONTRIBUTIN G TO CLIMATE CHANGE ; OR 27
	368	+	3. DESIGN DEFECT; 23
372	369
373		-	(III) FAILURE TO AVOID DAMA GE OR INJURY RELATIN G TO 28
374		-	CLIMATE CHANGE , INCLUDING CLAIMS FOR : 29
	370	+	4. NEGLIGENCE; 24
375	371
376		-	1. NUISANCE; 30
	372	+	5. FAILURE TO WARN ; 25
	373	+
	374	+	6. DECEPTIVE OR UNFAIR P RACTICES; OR 26
	375	+
	376	+	7. INJUNCTIVE, DECLARATORY , MONETARY, OR OTHER 27
	377	+	FORM OF RELIEF ; OR 28
377	378		HOUSE BILL 128 9
378	379
379	380
380		-	2. TRESPASS; 1
	381	+	(3) PREEMPT, SUPERSEDE, OR DISPLACE ANY STATE OR LOCAL LAW, 1
	382	+	REGULATION , POLICY, OR PROGRAM THAT : 2
381	383
382		-	3. DESIGN DEFECT; 2
	384	+	(I) LIMITS, SETS, OR ENFORCES STANDARD S FOR 3
	385	+	GREENHOUSE GAS EMISS IONS; 4
383	386
384		-	4. NEGLIGENCE; 3
	387	+	(II) MONITORS, REPORTS, OR KEEPS RECORDS OF 5
	388	+	GREENHOUSE GAS EMISS IONS; 6
385	389
386		-	~~5. FAILURE TO WARN~~ ; 4
	390	+	(III) COLLECTS REVENUE THRO UGH FEES OR TAXES ; OR 7
387	391
388		-	~~6. DECEPTIVE~~ OR ~~UNFAIR P RACTICES;~~ ~~OR 5~~
	392	+	(IV) CONDUCTS OR SUPPORTS INVESTIGATIONS . 8
389	393
390		-	7. INJUNCTIVE, DECLARATORY , MONETARY, OR OTHER 6
391		-	FORM OF RELIEF ; OR 7
	394	+	(B) (1) EVERY CASE FILED IN A COURT OF THE STATE UNDER STATE LAW 9
	395	+	MAY NOT BE EXPRESSLY OR IMPLIEDLY PREEMPT ED, DISPLACED, MOOTED, OR 10
	396	+	DISMISSED ON ANY OTH ER PRUDENTIAL CONSID ERATION ARISING FROM THIS 11
	397	+	SUBTITLE. 12
392	398
393		-	(3) PREEMPT, SUPERSEDE, OR DISPLACE ANY STATE OR LOCAL LA W, 8
394		-	REGULATION , POLICY, OR PROGRAM THAT : 9
	399	+	(2) TO THE EXTENT THAT AN Y ASPECT OF EVERY CA SE FILED IN A 13
	400	+	COURT OF THE STATE IS REVIEWED FOR THE APPLICATION OF T HIS SUBTITLE, THE 14
	401	+	APPLICATION OF THIS SUBTITLE IS SEVERABL E IN EACH OF ITS APP LICATIONS TO 15
	402	+	EVERY PERSON AND CIR CUMSTANCE . 16
395	403
396		-	(I) LIMITS, SETS, OR ENFORCES STANDARD S FOR 10
397		-	GREENHOUSE GAS EMISS IONS; 11
	404	+	2–1703. 17
398	405
399		-	(II) ~~MONITORS, REPORTS,~~ ~~OR KEEPS RECORDS OF 12~~
400		-	~~GREENHOUSE GAS EMISS IONS;~~ 13
	406	+	(A) THERE IS A CLIMATE CHANGE ADAPTATION AND MITIGATION 18
	407	+	PAYMENT PROGRAM IN THE DEPARTMENT . 19
401	408
402		-	(~~III~~) ~~COLLECTS REVENUE THRO UGH FEES OR TAXES ; OR 14~~
	409	+	(B) THE PURPOSE OF THE PROGRAM IS TO: 20
403	410
404		-	(IV) CONDUCTS OR SUPPORTS INVESTIGATIONS . 15
	411	+	(1) SECURE COMPENSATORY P AYMENTS FROM FOSSIL FUEL 21
	412	+	BUSINESSES BASED ON A STANDARD OF STRICT LIABILITY IN ORDER T O PROVIDE A 22
	413	+	SOURCE OF REVENUE FOR STATE EFFORTS TO : 23
405	414
406		-	(B) (1) EVERY CASE FILED IN A COURT OF THE STATE UNDER STATE LAW 16
407		-	MAY NOT BE EXPRESSLY OR IMPLIEDLY PREEMPT ED, DISPLACED, MOOTED, OR 17
408		-	DISMISSED ON ANY OTH ER PRUDENTIAL CONSID ERATION ARISING FROM THIS 18
409		-	SUBTITLE. 19
	415	+	(I) ADAPT TO AND MITIGATE THE EFFECTS OF CLIMA TE 24
	416	+	CHANGE, INCLUDING THROUGH TH E IMPLEMENTATION OF CLIMATE CHANGE 25
	417	+	ADAPTIVE OR MITIGATI ON INFRASTRUCTURE PR OJECTS; AND 26
410	418
411		-	(2) TO THE EXTENT THAT AN Y ASPECT OF EVERY CA SE FILED IN A 20
412		-	COURT OF THE STATE IS REVIEWED FOR THE APPLICATION OF T HIS SUBTITLE, THE 21
413		-	APPLICATION OF THIS SUBTITLE IS SEVERABL E IN EACH OF ITS APP LICATIONS TO 22
414		-	EVERY PERSON AND CIR CUMSTANCE . 23
	419	+	(II) ADDRESS THE HEALTH IM PACTS OF CLIMATE CHA NGE ON 27
	420	+	VULNERABLE POPULATIO NS; 28
415	421
416		-	2–1703. 24
417		-
418		-	(A) THERE IS A CLIMATE CHANGE ADAPTATION AND MITIGATION 25
419		-	PAYMENT PROGRAM IN THE DEPARTMENT . 26
420		-
421		-	(B) THE PURPOSE OF THE PROGRAM IS TO: 27
	422	+	(2) DETERMINE THE PROPORT IONAL LIABILITY OF R ESPONSIBLE 29
	423	+	PARTIES IN ACCORDANC E WITH § 2–1704 OF THIS SUBTITLE; 30
422	424		10 HOUSE BILL 128
423	425
424	426
425		-	(1) SECURE COMPENSATORY P AYMENTS FROM FOSSIL FUEL 1
426		-	BUSINESSES BASED ON A STANDARD OF STRICT LIABILITY IN ORDER T O PROVIDE A 2
427		-	SOURCE OF REVENUE FOR STATE EFFORTS TO : 3
	427	+	(3) IMPOSE COST RECOVERY DEMANDS ON RESPONSIB LE PARTIES 1
	428	+	AND ISSUE NOTICES OF COST RECOVERY DEMAND S; 2
428	429
429		-	(I) ADAPT TO AND MITIGATE THE EFFECTS OF CLIMA TE 4
430		-	CHANGE, INCLUDING THROUGH TH E IMPLEMENTATION OF CLIMATE CHANGE 5
431		-	ADAPTIVE OR MITIGATI ON INFRASTRUCTURE PR OJECTS; AND 6
	430	+	(4) ACCEPT AND COLLECT COST REC OVERY PAYMENTS FROM 3
	431	+	RESPONSIBLE PARTIES ; 4
432	432
433		-	(II) ~~ADDRESS THE HEALTH IM PACTS OF~~ CLIMATE ~~CHA NGE ON 7~~
434		-	~~VULNERABLE POPULATION S~~; 8
	433	+	(5) IDENTIFY CLIMATE CHAN GE ADAPTIVE OR MITIG ATION 5
	434	+	INFRASTRUCTURE PROJE CTS WITHIN THE STATE; 6
435	435
436		-	(2) DETERMINE THE PROPORT IONAL LIABILITY OF R ESPONSIBLE 9
437		-	PARTIES IN ACCORDANC E WITH § 2–1704 OF THIS SUBTITLE; 10
	436	+	(6) DISBURSE FUNDS IN ACC ORDANCE WITH THIS SU BTITLE; AND 7
438	437
439		-	(3) IMPOSE COST RECOVERY DEMANDS ON RESPONSIB LE PARTIES 11
440		-	AND ISSUE NOTICES OF COST RECOVERY DEMAND S; 12
	438	+	(7) ENSURE THAT AT LEAST 40% OF THE QUALIFIED EXPENDITUR ES 8
	439	+	FROM THE PROGRAM GO TO CLIMATE CHANGE ADAPTIVE OR M ITIGATION 9
	440	+	INFRASTRUCTURE PROJE CTS THAT DIRECTLY BE NEFIT COMMUNITIES 10
	441	+	DISPROPORTIONATELY A FFECTED BY CLIMATE I MPACTS. 11
441	442
442		-	(4) ACCEPT AND COLLECT COST RECOVER Y PAYMENTS FROM 13
443		-	RESPONSIBLE PARTIES ; 14
	443	+	2–1704. 12
444	444
445		-	(5) ~~IDENTIFY CLIMATE CHAN GE ADAPTIVE OR MITIG ATION 15~~
446		-	~~INFRASTRUCTURE PROJE CTS WITHIN~~ THE ~~STATE; 16~~
	445	+	(A) THE STATE MAY IMPOSE COST RECOVERY DEMANDS ON A RESPONSIBLE 13
	446	+	PARTY IF, AT ANY TIME DURING T HE COVERED PERIOD , THE RESPONSIBLE PART Y: 14
447	447
448		-	(6) ~~DISBURSE FUNDS~~ IN ~~ACC ORDANCE WITH THIS SU BTITLE~~; ~~AND 17~~
	448	+	(1) DID BUSINESS IN THE STATE; 15
449	449
450		-	(7) ENSURE THAT AT LEAST 40% OF THE QUALIFIED EXPENDITURES 18
451		-	FROM THE PROGRAM GO TO CLIMATE CHANGE ADAPTIVE OR M ITIGATION 19
452		-	INFRASTRUCTURE PROJE CTS THAT DIRECTLY BE NEFIT COMMUNITIES 20
453		-	DISPROPORTIONATELY A FFECTED BY CLIMATE I MPACTS. 21
	450	+	(2) WAS REGISTERED TO DO BUSINESS IN THE STATE; 16
454	451
455		-	~~2–1704. 22~~
	452	+	(3) WAS APPOINTED AS AN A GENT OF THE STATE; OR 17
456	453
457		-	(A) THE STATE MAY IMPOSE COST RECOVERY DEMANDS ON A RESPONSIBLE 23
458		-	PARTY IF, AT ANY TIME DURING T HE COVERED PERIOD , THE RESPONSIBLE PART Y: 24
	454	+	(4) OTHERWISE HAD SUFFICI ENT CONTACTS WITH THE STATE TO 18
	455	+	GIVE THE STATE JURISDICTION OV ER THE RESPONSIBLE P ARTY IN ACCORDANCE 19
	456	+	WITH STATE LAW. 20
459	457
460		-	(1) DID BUSINESS IN THE STATE; 25
	458	+	(B) (1) A RESPONSIBLE PARTY IS STRICTLY LIABLE , WITHOUT REGARD 21
	459	+	TO FAULT, FOR A SHARE OF THE C OSTS OF CLIMATE CHAN GE ADAPTIVE OR 22
	460	+	MITIGATION IN FRASTRUCTURE PROJECT S, INCLUDING OPERATING AND 23
	461	+	MAINTENANCE COSTS , SUPPORTED BY THE FUND. 24
461	462
462		-	(2) WAS REGISTERED TO DO BUSINESS IN THE STATE; 26
	463	+	(2) FOR PURPOSES OF THIS SECTION, ENTITIES IN A CONTRO LLED 25
	464	+	GROUP: 26
463	465
464		-	(3) WAS APPOINTED AS AN A GENT OF THE STATE; OR 27
	466	+	(I) SHALL BE TREATED BY T HE DEPARTMENT AS A SINGL E 27
	467	+	ENTITY FOR THE PURPO SE OF IDENTIFYING RE SPONSIBLE PARTIES; AND 28
465	468
466		-	(4) OTHERWISE HAD SUFFICI ENT CONT ACTS WITH THE STATE TO 28
467		-	GIVE THE STATE JURISDICTION OV ER THE RESPONSIBLE P ARTY IN ACCORDANCE 29
468		-	WITH STATE LAW. 30 HOUSE BILL 128 11
	469	+	(II) ARE JOINTLY AND SEVER ALLY LIABLE FOR PAYM ENT OF 29
	470	+	ANY COST RECOVERY DE MAND OWED BY ANY ENT ITY IN THE CONTROLLE D GROUP. 30 HOUSE BILL 128 11
469	471
470	472
471	473
472		-	(B) (1) A RESPONSIBLE PARTY IS STRICTLY LIABLE , WITHOUT REGARD 1
473		-	TO FAULT, FOR A SHARE OF THE C OSTS OF CLIMATE CHAN GE ADAPTIVE OR 2
474		-	MITIGATION INFRAS TRUCTURE PROJECTS , INCLUDING OPERATING AND 3
475		-	MAINTENANCE COSTS , SUPPORTED BY THE FUND. 4
	474	+	(C) (1) WITH RESPECT TO EACH RESPONSIBLE PARTY , THE COST 1
	475	+	RECOVERY DEMAND SHAL L BE EQUAL TO AN AMO UNT THAT BEARS THE SAME RATIO 2
	476	+	TO THE TOTAL ASSESSE D COST OF GREENHOUSE GAS EMISSIONS AS THE 3
	477	+	RESPONSIBLE PARTY ’S APPLICABLE SHARE O F COVERED GREENHOUSE GAS 4
	478	+	EMISSIONS BEARS TO T HE AGGREGATE APPLICA BLE SHARES OF ALL RE SPONSIBLE 5
	479	+	PARTIES’ COVERED GREENHOUSE G AS EMISSIONS. 6
476	480
477		-	(2) FOR PURPOSES OF THIS SECTION, ENTITIES IN A CONTRO LLED 5
478		-	GROUP: 6
	481	+	(2) (I) ON OR BEFORE DECEMBER 1, 2026, THE STATE 7
	482	+	TREASURER, IN CONSULTATION WITH THE COMPTROLLER , THE DEPARTMENT , AND 8
	483	+	ANY OTHER ENTITY AS DETERMINED BY THE STATE TREASURER, SHALL REPORT TO 9
	484	+	THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE EDUCATION, 10
	485	+	ENERGY, AND ENVIRONMENT COMMITTEE, THE SENATE JUDICIAL PROCEEDINGS 11
	486	+	COMMITTEE, THE HOUSE APPROPRIATIONS COMMITTEE, THE HOUSE 12
	487	+	ENVIRONMENT AND TRANSPORTATION COMMITTEE, AND THE HOUSE JUDICIARY 13
	488	+	COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 14
	489	+	ARTICLE, ON THE TOTAL ASSESSE D COST OF GREENHOUSE GAS EMISSIONS. 15
479	490
480		-	(I) ~~SHALL BE TREATED BY T HE DEPARTMENT AS A SINGL E 7~~
481		-	~~ENTITY FOR THE PURPO SE OF IDENTIFYING RESPONSIBLE PARTIES ; AND 8~~
	491	+	(II) THE REPORT REQUIRED U NDER SUBPARAGRAPH (I) OF 16
	492	+	THIS PARAGRAPH SHALL INCLUDE: 17
482	493
483		-	(II) ARE JOINTLY AND SEVER ALLY LIABLE FOR PAYM ENT OF 9
484		-	ANY COST RECOVERY DE MAND OWED BY ANY ENT ITY IN THE CONTROLLE D GROUP. 10
	494	+	1. A SUMMARY OF THE VARIO US COST–DRIVING 18
	495	+	EFFECTS OF COVERED G REENHOUSE GAS EMISSI ONS ON THE STATE, INCLUDING 19
	496	+	EFFECTS ON PUBLIC HE ALTH, NATURAL RESOURCES , BIODIVERSITY, AGRICULTURE , 20
	497	+	ECONOMIC DEVELOPMENT , FLOOD PREPAREDNESS A ND SAFETY, AND HOUSING , 21
	498	+	AND ANY OTHER EFFECT THAT THE STATE TREASURER, IN CONSULTATION WITH 22
	499	+	THE COMPTROLLER AND THE DEPARTMENT , DETERMINES TO BE REL EVANT; 23
485	500
486		-	(C) (1) WITH RESPECT TO EACH RESPONSIBLE PARTY , THE COST 11
487		-	RECOVERY DEMAND SHAL L BE EQUAL TO AN AMO UNT THAT BEARS THE SAME RATIO 12
488		-	TO THE TOTAL ASSESSE D COST OF GREENHOUSE GAS EMISSIONS AS THE 13
489		-	RESPONSIBLE PARTY ’S APPLICABLE SHARE O F COVERED GREENHOUSE GAS 14
490		-	EMISSIONS BEARS TO T HE AGGREGATE APPLICA BLE SHARES OF ALL RE SPONSIBLE 15
491		-	PARTIES’ COVERED GREENHOUSE G AS EMISSIONS. 16
	501	+	2. A CATEGORIZED CALCULAT ION OF THE COSTS THA T 24
	502	+	HAVE BEEN INCURRED A ND COSTS THAT ARE PR OJECTED TO BE INCURR ED BY THE 25
	503	+	STATE AND ITS RESIDEN TS FOR EACH EFFECT I DENTIFIED UNDER ITEM 1 OF THIS 26
	504	+	SUBPARAGRAPH ; AND 27
492	505
493		-	(2) (I) ON OR BEFORE DECEMBER 1, 2026, THE STATE 17
494		-	TREASURER, IN CONSULTATION WITH THE COMPTROLLER , THE DEPARTMENT , AND 18
495		-	ANY OTHER ENTITY AS DETERMINED BY THE STATE TREASURER, SHALL REPORT TO 19
496		-	THE SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE EDUCATION, 20
497		-	ENERGY, AND ENVIRONMENT COMMITTEE, THE SENATE JUDICIAL PROCEEDINGS 21
498		-	COMMITTEE, THE HOUSE APPROPRIATIONS COMMITTEE, THE HOUSE 22
499		-	ENVIRONMENT AND TRANSPORTATION COMMITTEE, AND THE HOUSE JUDICIARY 23
500		-	COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 24
501		-	ARTICLE, ON THE TOTAL ASSESSE D COST OF GREENHOUSE GAS EMISSIONS. 25
	506	+	3. A CATEGORIZED CALCULATION OF THE COSTS THAT 28
	507	+	HAVE BEEN INCURRED A ND COSTS THAT ARE PR OJECTED TO BE INCURR ED BY THE 29
	508	+	STATE AND ITS RESIDEN TS TO MITIGATE THE E FFECTS OF COVERED GR EENHOUSE 30
	509	+	GAS EMISSIONS DURING THE COVERED PERIOD . 31
502	510
503		-	(II) THE REPORT REQUIRED U NDER SUBPARAGRAPH (I) OF 26
504		-	THIS PARAGRAPH SHALL INCLUDE: 27
505		-
506		-	1. A SUMMARY OF THE VARIO US COST–DRIVING 28
507		-	EFFECTS OF COVERED G REENHOUSE GAS EMISSI ONS ON THE STATE, INCLUDING 29
508		-	EFFECTS ON PUBLIC HE ALTH, NATURAL RESOURCES , BIODIVERSITY, AGRICULTURE , 30
509		-	ECONOMIC DEVELOPMENT , FLOOD PREPAREDNESS A ND SAFETY, AND HOUSING , 31
510		-	AND ANY OTHER EFFECT THAT THE STATE TREASURER, IN CONSULTATION WITH 32
511		-	THE COMPTROLLER AND THE DEPARTMEN T, DETERMINES TO BE REL EVANT; 33
512		-
513		-	2. A CATEGORIZED CALCULAT ION OF THE COSTS THA T 34
514		-	HAVE BEEN INCURRED A ND COSTS THAT ARE PR OJECTED TO BE INCURR ED BY THE 35 12 HOUSE BILL 128
	511	+	(D) (1) EXCEPT AS PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , A 32
	512	+	RESPONSIBLE PARTY ’S APPLICABLE SHARE O F GREENHOUSE GAS EMI SSIONS SHALL 33
	513	+	BE THE AMOUNT BY WHI CH THE COVERED GREEN HOUSE GAS EMISSIONS 34
	514	+	ATTRIBUTABLE TO THE RESPONSIBLE PARTY EX CEEDS 1,000,000,000 METRIC TONS. 35
	515	+	12 HOUSE BILL 128
515	516
516	517
517		-	STATE AND ITS RESIDEN TS FOR EACH EFFECT I DENTIFIED UNDER ITEM 1 OF THIS 1
518		-	SUBPARAGRAPH ; AND 2
	518	+	(2) IF A RESPONSIBLE PARTY OWNS A MINORIT Y INTEREST OF 10% OR 1
	519	+	MORE IN ANOTHER ENTI TY, THE RESPONSIBLE PART Y’S APPLICABLE SHARE O F 2
	520	+	GREENHOUSE GAS EMISS IONS SHALL BE CALCUL ATED AS THE APPLICAB LE SHARE 3
	521	+	OF GREENHOUSE GAS EM ISSIONS FOR THE ENTI TY IN WHICH THE RESP ONSIBLE 4
	522	+	PARTY HOLD S A MINORITY INTERES T, AS CALCULATED UNDER PARAGRAPH (1) OF 5
	523	+	THIS SUBSECTION , MULTIPLIED BY THE PE RCENTAGE OF THE MINO RITY INTEREST 6
	524	+	HELD BY THE RESPONSI BLE PARTY. 7
519	525
520		-	3. A CATEGORIZED CALCULATION OF THE COSTS THAT 3
521		-	HAVE BEEN INCURRED A ND COSTS THAT ARE PR OJECTED TO BE INCURR ED BY THE 4
522		-	STATE AND ITS RESIDEN TS TO MITIGATE THE E FFECTS OF COVERED GR EENHOUSE 5
523		-	GAS EMISSIONS DURING THE COVERED PERIOD . 6
	526	+	(3) IN DETERMINING THE AM OUNT OF GREENHOUSE G AS EMISSIONS 8
	527	+	ATTRIBUTABLE TO AN E NTITY, THE DEPARTMENT SHALL ASSU ME THAT: 9
524	528
525		-	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 7
526		-	RESPONSIBLE PARTY ’S APPLICABLE SHARE O F GREENHOUSE GAS EMI SSIONS SHALL 8
527		-	BE THE AMOUNT BY WHI CH THE COVERED GREEN HOUSE GAS EMISSIONS 9
528		-	ATTRIBUTABLE TO THE RESPONSIBLE PARTY EX CEEDS 1,000,000,000 METRIC TONS. 10
	529	+	(I) 942.5 METRIC TONS OF CARBO N DIOXIDE EQUIVALENT IS 10
	530	+	RELEASED FOR EVERY 1,000,000 POUNDS OF COAL ATTRI BUTABLE TO THE ENTIT Y; 11
529	531
530		-	(2) IF A RESPONSIBLE PARTY OW NS A MINORITY INTERE ST OF 10% OR 11
531		-	MORE IN ANOTHER ENTI TY, THE RESPONSIBLE PART Y’S APPLICABLE SHARE O F 12
532		-	GREENHOUSE GAS EMISS IONS SHALL BE CALCUL ATED AS THE APPLICAB LE SHARE 13
533		-	OF GREENHOUSE GAS EM ISSIONS FOR THE ENTI TY IN WHICH THE RESP ONSIBLE 14
534		-	PARTY HOLDS A MINORI TY INTEREST, AS CALCULATED UNDER PARAGRAPH (1) OF 15
535		-	THIS SUBSECTION , MULTIPLIED BY THE PE RCENTAGE OF THE MINO RITY INTEREST 16
536		-	HELD BY THE RESPONSI BLE PARTY. 17
	532	+	(II) 432,180 METRIC TONS OF CARBO N DIOXIDE EQUIVALENT IS 12
	533	+	RELEASED FOR EVERY 1,000,000 BARRELS OF CRUDE OIL ATTRI BUTABLE TO THE 13
	534	+	ENTITY; AND 14
537	535
538		-	(3) IN DETERMINING THE AM OUNT OF GREENHOUSE G AS EMISSIONS 18
539		-	ATTRIBUTABLE TO AN E NTITY, THE DEPARTMENT SHALL ASSU ME THAT: 19
	536	+	(III) 53,440 METRIC TONS OF CARBO N DIOXIDE EQUIVALENT IS 15
	537	+	RELEASED FOR EVERY 1,000,000 CUBIC FEET OF FUEL G ASES ATTRIBUTABLE TO 16
	538	+	THE ENTITY. 17
540	539
541		-	(I) 942.5 METRIC TONS OF CARBO N DIOXIDE EQUIVALENT IS 20
542		-	RELEASED FOR EVERY 1,000,000 POUNDS OF COAL ATTRI BUTABLE TO THE ENTIT Y; 21
	540	+	(E) THE DEPARTMENT MAY ADJUST THE COST RECOVERY DE MAND 18
	541	+	AMOUNT OF A RESPONSIBLE PARTY THAT REFINES PETROLE UM PRODUCTS OR THAT 19
	542	+	IS A SUCCESSOR IN IN TEREST TO AN ENTITY THAT REFINES PETROLE UM PRODUCTS , 20
	543	+	IF THE RESPONSIBLE P ARTY ESTABLISHES TO THE SATISFACTION OF THE 21
	544	+	DEPARTMENT THAT : 22
543	545
544		-	(II) ~~432,180 METRIC TONS~~ OF ~~CARBO N DIOXIDE EQUIVALENT IS 22~~
545		-	~~RELEASED FOR EVERY 1,000,000 BARRELS OF CRUDE OIL~~ ATTRIBUTABLE TO THE 23
546		-	~~ENTITY;~~ AND 24
	546	+	(1) A PORTION OF THE COST RECOVERY DEMAND AMOUNT WAS 23
	547	+	ATTRIBUTABLE TO THE REFINING OF CRUDE OI L EXTRACTED BY ANOTH ER ENTITY; 24
	548	+	AND 25
547	549
548		-	(III) 53,440 METRIC TONS OF CARBO N DIOXIDE EQUIVALENT IS 25
549		-	RELEASED FOR EVERY 1,000,000 CUBIC FEET OF FUEL G ASES ATTRIBUTABLE TO 26
550		-	THE ENTITY. 27
	550	+	(2) THE CRUDE OIL EXTRACT ED BY THE OTHER ENTI TY WAS 26
	551	+	ACCOUNTED FOR WHEN T HE DEPARTMENT DETERMINED THE COST RECOVERY 27
	552	+	DEMAND AMOUNT FOR TH E OTHER ENTITY OR A SUCCESSOR IN INTERES T OF THE 28
	553	+	OTHER ENTITY . 29
551	554
552		-	(E) THE DEPARTMENT MAY ADJUST THE COST RECOVERY DE MAND 28
553		-	AMOUNT OF A RESPONSI BLE PARTY THAT REFIN ES PETROLEUM PRODUCT S OR THAT 29
554		-	IS A SUCCESSOR IN IN TEREST TO AN ENTITY THAT REFINES PETROLE UM PRODUCTS , 30
555		-	IF THE RESPONSIBLE P ARTY ESTABLISHES TO THE SATISFACTION OF THE 31
556		-	DEPARTMENT THAT : 32
	555	+	(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 30
	556	+	RESPONSIBLE PARTY SH ALL PAY THE COST REC OVERY DEMAND AMOUNT IN FULL 31
	557	+	ON OR BEFORE OCTOBER 1, 2027. 32
557	558
558		-	(1) A ~~PORTION OF~~ THE COST ~~RECOVERY DEMAND AMOU NT WAS~~ 33
559		-	~~ATTRIBUTABLE TO THE REFINING OF CRUDE OI L EXTRACTED BY ANOTH ER ENTITY;~~ 34
560		-	~~AND~~ 35 HOUSE BILL 128 13
	559	+	(2) (I) A RESPONSIBLE PARTY MA Y ELECT TO PAY THE COST 33
	560	+	RECOVERY DEMAND AMOU NT IN NINE ANNUAL IN STALLMENTS IN ACCORD ANCE 34
	561	+	WITH THIS PARAGRAPH . 35 HOUSE BILL 128 13
561	562
562	563
563	564
564		-	(2) THE CRUDE OIL EXTRACT ED BY THE OTHER ENTI TY WAS 1
565		-	ACCOUNTED FOR WHEN T HE DEPARTMENT DETERMINED THE COST RECOVERY 2
566		-	DEMAND AMOUNT FOR TH E OTHER ENTITY O R A SUCCESSOR IN INT EREST OF THE 3
567		-	OTHER ENTITY . 4
	565	+	(II) THE FIRST INSTALLMENT SHALL BE PAID ON OR BEFORE 1
	566	+	OCTOBER 1, 2027, AND SHALL BE EQUAL T O 20% OF THE TOTAL COST RE COVERY 2
	567	+	DEMAND AMOUNT . 3
568	568
569		-	(F) ~~(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 5~~
570		-	~~RESPONSIBLE PARTY SH ALL PAY THE COST REC OVERY DEMAND AMOUNT IN FULL 6~~
571		-	~~ON OR BEFORE OCTOBER 1,~~ ~~2027~~. 7
	569	+	(III) EACH SUBSEQUENT INSTALLMENT SHALL BE PAID ON OR 4
	570	+	BEFORE SEPTEMBER 30 EACH SUBSEQUENT YEAR AND SHALL BE EQUAL T O 10% OF 5
	571	+	THE TOTAL COST RECOV ERY DEMAND AMOUNT . 6
572	572
573		-	(2) (I) A RESPONSIBLE PARTY MA Y ELECT TO PAY THE COST 8
574		-	RECOVERY DEMAND AMOU NT IN NINE ANNUAL IN STALLMENTS IN ACCORD ANCE 9
575		-	WITH THIS PARAGRAPH . 10
	573	+	(IV) 1. THE UNPAID BALANCE OF ALL REMAINING 7
	574	+	INSTALLMENTS SHALL B ECOME DUE IMMEDIATEL Y IF: 8
576	575
577		-	(II) THE FIRST INSTALLMENT SHALL BE PAID ON OR BEFORE 11
578		-	OCTOBER 1, 2027, AND SHALL BE EQUAL T O 20% OF THE TOTAL COST RE COVERY 12
579		-	DEMAND AMOUNT . 13
	576	+	A. THE RESPONSIBLE PARTY FA ILS TO PAY ANY 9
	577	+	INSTALLMENT IN A TIM ELY MANNER, AS SPECIFIED IN DEPARTMENT REGULATION S; 10
580	578
581		-	(III) EACH SUBSEQUENT INSTALL MENT SHALL BE PAID O N OR 14
582		-	BEFORE SEPTEMBER 30 EACH SUBSEQUENT YEAR AND SHALL BE EQUAL T O 10% OF 15
583		-	THE TOTAL COST RECOV ERY DEMAND AMOUNT . 16
	579	+	B. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 11
	580	+	THIS SUBPARAGRAPH , THERE IS A LIQUIDATI ON OR SALE OF SUBSTA NTIALLY ALL 12
	581	+	THE ASSETS OF THE RE SPONSIBLE PARTY, INCLUDING IN A BANKR UPTCY 13
	582	+	PROCEEDING ; OR 14
584	583
585		-	(IV) 1. THE UNPAID BALANCE OF ALL REMAINING 17
586		-	INSTALLMENTS SHALL B ECOME DUE IMMEDIATEL Y IF: 18
	584	+	C. THE RESPONSIBLE PARTY CEASES TO DO BUSINES S. 15
587	585
588		-	A. THE RESPONSIBLE PARTY FAILS TO PAY ANY 19
589		-	INSTALLMENT IN A TIM ELY MANNER, AS SPECIFIED IN DEPARTMENT REGULATION S; 20
	586	+	2. IN THE CASE OF A SALE OF SUBSTANTIALLY ALL THE 16
	587	+	ASSETS OF A RESPONSI BLE PARTY, THE REMAINING INSTAL LMENTS SHALL NOT 17
	588	+	BECOME DUE IMMEDIATE LY IF THE BUYER ENTERS INTO AN AGREEMENT WITH THE 18
	589	+	DEPARTMENT UNDER WHIC H THE BUYER ASSUMES LIABILITY FOR THE RE MAINING 19
	590	+	INSTALLMENTS DUE UND ER THIS SUBPARAGRAPH IN THE SAME MANNER A S IF THE 20
	591	+	BUYER WERE THE RESPO NSIBLE PARTY. 21
590	592
591		-	B. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 21
592		-	THIS SUBPARAGRAPH , THERE IS A LIQUIDATI ON OR SALE OF SUBSTA NTIALLY ALL 22
593		-	THE ASSETS OF THE RE SPONSIBLE PARTY , INCLUDING IN A BANKR UPTCY 23
594		-	PROCEEDING ; OR 24
	593	+	(G) THE DEPARTMENT SHALL DEPO SIT COST RE COVERY PAYMENTS 22
	594	+	COLLECTED UNDER THIS SECTION TO THE CLIMATE CHANGE ADAPTATION AND 23
	595	+	MITIGATION FUND ESTABLISHED UNDE R § 2–1705 OF THIS SUBTITLE. 24
595	596
596		-	C. THE RESPONSIBLE PARTY CEASES TO DO BUSINES S. 25
	597	+	(H) A RESPONSIBLE PARTY MA Y REQUEST A HEARING UNDER TITLE 10, 25
	598	+	SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE (ADMINISTRATIVE PROCEDURE 26
	599	+	ACT – CONTESTED CASES) TO CONTEST A COST RE COVERY DEMAND MADE B Y THE 27
	600	+	DEPARTMENT UNDER THIS SECTION. 28
597	601
598		-	2. IN THE CASE OF A SALE OF SUBSTANTIALLY ALL THE 26
599		-	ASSETS OF A RESPONSI BLE PARTY, THE REMAINING INSTAL LMENTS SHALL NOT 27
600		-	BECOME DUE IMMEDIATE LY IF THE BUYER ENTERS INT O AN AGREEMENT WITH THE 28
601		-	DEPARTMENT UNDER WHIC H THE BUYER ASSUMES LIABILITY FOR THE RE MAINING 29
602		-	INSTALLMENTS DUE UND ER THIS SUBPARAGRAPH IN THE SAME MANNER A S IF THE 30
603		-	BUYER WERE THE RESPO NSIBLE PARTY. 31
	602	+	(I) (1) THE REMEDIES PROVIDED IN THIS SECTION ARE IN ADDITION TO 29
	603	+	ANY OTHER REMEDY PRO VIDED BY LAW. 30
	604	+
	605	+	(2) THIS SECTION MAY NOT BE CONSTRUED TO PREVENT A PERSON 31
	606	+	FROM PURSUING A CIVI L ACTION OR ANY OTHE R REMEDY PROVIDED BY LAW. 32
604	607		14 HOUSE BILL 128
605	608
606	609
607		-	(G) THE DEPARTMENT SHALL DEPO SIT COST RECOVERY PAYMENTS 1
608		-	COLLECTED UNDER THIS SECTION TO THE CLIMATE CHANGE ADAPTATION AND 2
609		-	MITIGATION FUND ESTABLISHED UNDE R § 2–1705 OF THIS SUBTITLE. 3
	610	+	2–1705. 1
610	611
611		-	(H) A RESPONSIBLE PARTY MA Y REQUEST A HEARING UNDER TITLE 10, 4
612		-	SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE (ADMINISTRATIVE PROCEDURE 5
613		-	ACT – CONTESTED CASES) TO CONTEST A COST RE COVERY DEMAND MADE B Y THE 6
614		-	DEPARTMENT UNDER THIS SECTION. 7
	612	+	(A) THERE IS A CLIMATE CHANGE ADAPTATION AND MITIGATION FUND. 2
615	613
616		-	(~~I) (1~~) THE ~~REMEDIES PROVIDED IN THIS SECTION ARE IN ADDITION~~ TO 8
617		-	~~ANY OTHER REMEDY PRO VIDED BY LAW~~. 9
	614	+	(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR STATE 3
	615	+	EFFORTS TO ADAPT TO AND MITIGATE THE EFFECTS OF CLIMATE CHANGE . 4
618	616
619		-	(2) THIS SECTION MAY NOT BE CONSTRUED TO PREV ENT A PERSON 10
620		-	FROM PURSUING A CIVI L ACTION OR ANY OTHE R REMEDY PROVIDED BY LAW. 11
	617	+	(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 5
621	618
622		-	2–1705. 12
	619	+	(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 6
	620	+	SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 7
623	621
624		-	(A) THERE IS A CLIMATE CHANGE ADAPTATION AND MITIGATION FUND. 13
	622	+	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 8
	623	+	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 9
625	624
626		-	(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING FOR STATE 14
627		-	EFFORTS TO ADAPT TO AND MITIGATE THE EFFEC TS OF CLIMATE CHANGE . 15
	625	+	(E) THE FUND CONSISTS OF : 10
628	626
629		-	(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 16
	627	+	(1) COST RECOVERY PAYMENT S DISTRIBUTED TO THE FUND UNDER 11
	628	+	§ 2–1704 OF THIS SUBTITLE; 12
630	629
631		-	(D) ~~(1)~~ THE FUND ~~IS A SPECIAL , NONLAPSING FUND THAT IS NOT 17~~
632		-	~~SUBJECT TO § 7–302 OF THE STATE FINANCE~~ AND ~~PROCUREMENT ARTICLE. 18~~
	630	+	(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 13
	631	+	AND 14
633	632
634		-	(2) ~~THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 19~~
635		-	~~AND~~ THE ~~COMPTROLLER SHALL ACC OUNT FOR~~ THE FUND. 20
	633	+	(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 15
	634	+	THE BENEFIT OF THE FUND. 16
636	635
637		-	(E) THE FUND ~~CONSISTS OF~~ : 21
	636	+	(F) THE FUND MAY BE USED ONLY : 17
638	637
639		-	(1) COST RECOVERY PAYMENT S DISTRIBUTED TO THE FUND UNDER 22
640		-	§ 2–1704 OF THIS SUBTITLE; 23
	638	+	(1) TO PAY: 18
641	639
642		-	(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 24
643		-	AND 25
	640	+	(I) QUALIFIED EXPENDITURE S FOR CLIMATE CHANGE 19
	641	+	ADAPTIVE OR MITIGATI ON INFRASTRUCTURE PR OJECTS IDENTIFIED BY THE 20
	642	+	DEPARTMENT IN ACCORDANCE WITH REGU LATIONS ADOPTED UNDE R § 2–1707 OF 21
	643	+	THIS SUBTITLE; AND 22
644	644
645		-	(3) ANY OTHER MONEY FROM A NY OTHER SOURCE ACCE PTED FOR 26
646		-	THE BENEFIT OF THE FUND. 27
	645	+	(II) REASONABLE ADMINISTRA TIVE COSTS OF THE PROGRAM; 23
647	646
648		-	(F) THE FUND MAY BE USED ONLY : 28
	647	+	(2) TO PROVIDE GRANTS TO LOCAL JURISDICTIONS IN ACCORDANCE 24
	648	+	WITH § 2–1706 OF THIS SUBTITLE; 25
649	649
650		-	(1) TO PAY: 29 HOUSE BILL 128 15
	650	+	(3) FOR THE DEPARTMENT ’S COMPREHENSIVE FLOOD 26
	651	+	MANAGEMENT GRANT PROGRAM UNDER § 5–803 OF THIS ARTICLE TO I MPLEMENT : 27
	652	+
	653	+	(I) CAPITAL PROJECTS UNDE RTAKEN AS PART OF 28
	654	+	COMPREHENSIVE FLOOD MANAGEMENT PLANS ; AND 29 HOUSE BILL 128 15
651	655
652	656
653	657
654		-	(I) QUALIFIED EXPENDITURE S FOR CLIMATE CHANGE 1
655		-	ADAPTIVE OR MITIGATI ON INFRASTRUCTURE PR OJECTS IDENTIFIED BY THE 2
656		-	DEPARTMENT IN ACCORDANCE WITH REGU LATIONS ADOPTED UNDE R § 2–1707 OF 3
657		-	THIS SUBTITLE; AND 4
	658	+	(II) INFRASTRUCTURE REPAIR S, WATERSHED RESTORATIO N, 1
	659	+	AND EMERGENCY PROTEC TION WORK ASSOCIATED W ITH FLOOD EVENTS ; AND 2
658	660
659		-	(II) ~~REASONABLE ADMINISTRA TIVE COSTS OF~~ THE ~~PROGRAM; 5~~
	661	+	(4) TO SUPPORT THE FOLLOW ING: 3
660	662
661		-	(2) ~~TO PROVIDE GRANTS TO LOCAL JURISDICTIONS IN ACCORDANCE 6~~
662		-	~~WITH § 2~~–~~1706~~ OF ~~THIS SUBTITLE~~; 7
	663	+	(I) THE STATE DISASTER RECOVERY FUND UNDER § 4
	664	+	14–110.5 OF THE PUBLIC SAFETY ARTICLE FOR DISASTER RECOVERY ASSISTANCE ; 5
663	665
664		-	(3) FOR THE DEPARTMENT ’S COMPREHENSIVE FLOOD 8
665		-	MANAGEMENT GRANT PROGRAM UNDER § 5–803 OF THIS ARTICLE TO I MPLEMENT : 9
	666	+	(II) THE MARYLAND DEPARTMENT OF HEALTH’S OFFICE OF 6
	667	+	MINORITY HEALTH AND HEALTH DISPARITIES IN ADDRES SING THE HEALTH 7
	668	+	IMPACTS OF CLIMATE C HANGE ON MINORITY AD ULTS, CHILDREN, AND INFANTS; 8
666	669
667		-	(I) CAPITAL PROJECTS UNDE RTAKEN AS PART OF 10
668		-	COMPREHENSIVE FLOOD MANAGEMENT PLANS ; AND 11
	670	+	(III) THE MARYLAND DEPARTMENT OF HEALTH’S COMMUNITY 9
	671	+	HEALTH RESOURCES COMMISSION FOR THE HEALTH EQUITY RESOURCE 10
	672	+	COMMUNITIES PROGRAM; 11
669	673
670		-	(II) ~~INFRASTRUCTURE REPAIR~~ S~~, WATERSHED RESTORATIO N,~~ 12
671		-	~~AND EMERGENCY PROTEC TION WORK ASSOCIATED W ITH FLOOD EVENTS~~ ; ~~AND~~ 13
	674	+	(IV) THE MARYLAND DEPARTMENT OF HEALTH’S MEDICAID 12
	675	+	ADMINISTRATION TO USE FOR THE STATE MEDICAID PROGRAM ; 13
672	676
673		-	(4) TO SUPPORT THE FOLLOW ING: 14
	677	+	(V) THE DEPARTMENT OF NATURAL RESOURCES TO 14
	678	+	INCORPORATE CLIMATE AND EQUITY PROVISION S IN LOCAL CRITICAL AREA 15
	679	+	PROGRAM GRANTS ; 16
674	680
675		-	(I) THE STATE DISASTER RECOVERY FUND UNDER § 15
676		-	14–110.5 OF THE PUBLIC SAFETY ARTICLE FOR DISASTER RECOVERY ASSISTANCE ; 16
	681	+	(VI) THE GREAT MARYLAND OUTDOORS FUND UNDER § 5–222 17
	682	+	OF THE NATURAL RESOURCES ARTICLE TO SUPPORT CL IMATE EDUCATION AND 18
	683	+	ADAPTATION ON PARK L ANDS; 19
677	684
678		-	(II) THE ~~MARYLAND DEPARTMENT~~ OF ~~HEALTH’S OFFICE OF 17~~
679		-	~~MINORITY HEALTH~~ AND ~~HEALTH DISPARITIES IN ADDRES SING THE HEALTH 18~~
680		-	~~IMPACTS OF CLIMATE C HANGE ON MINORITY AD ULTS, CHILDREN, AND INFANTS~~; 19
	685	+	(VII) THE WHOLE WATERSHED FUND UNDER § 8–2B–03 OF THE 20
	686	+	NATURAL RESOURCES ARTICLE TO SUPPORT WA TERSHED AND COMMUNI TY 21
	687	+	RESILIENCE; 22
681	688
682		-	(~~III~~) THE ~~MARYLAND~~ DEPARTMENT OF ~~HEALTH’S COMMUNITY 20~~
683		-	~~HEALTH RESOURCES COMMISSION FOR~~ THE ~~HEALTH EQUITY RESOURCE 21~~
684		-	~~COMMUNITIES PROGRAM~~ ; 22
	689	+	(VIII) THE DEPARTMENT OF NATURAL RESOURCES IN MANAGING 23
	690	+	FLOODING THROUGH THE IMPLEMENTATION OF ST REAM RESTORATION AND 24
	691	+	NATURAL FILTRATION P ROJECTS; 25
685	692
686		-	(IV) THE MARYLAND DEPARTMENT OF HEALTH’S MEDICAID 23
687		-	ADMINISTRATION TO USE FOR THE STATE MEDICAID PROGRAM ; 24
	693	+	(IX) THE DEPARTMENT OF NATURAL RESOURCES IN 26
	694	+	PROVIDING PLANNING G RANTS TO LOCAL GOVERNMENTS TO PREPA RE FOR 27
	695	+	EXTREME FLOODING ; 28
688	696
689		-	(V) THE DEPARTMENT OF NATURAL RESOURCES TO 25
690		-	INCORPORATE CLIMATE AND EQUITY PROVISION S IN LOCAL CRITICAL AREA 26
691		-	PROGRAM GRANTS ; 27
692		-
693		-	(VI) THE GREAT MARYLAND OUTDOORS FUND UNDER § 5–222 28
694		-	OF THE NATURAL RESOURCES ARTICLE TO SUPPORT CL IMATE EDUCATION AND 29
695		-	ADAPTATION ON PARK L ANDS; 30
	697	+	(X) THE MARYLAND STRATEGIC ENERGY INVESTMENT FUND 29
	698	+	UNDER § 9–20B–05 OF THE STATE GOVERNMENT ARTICLE FOR: 30
696	699		16 HOUSE BILL 128
697	700
698	701
699		-	(VII) THE WHOLE WATERSHED FUND UNDER § 8–2B–03 OF THE 1
700		-	NATURAL RESOURCES ARTICLE TO SUPPORT WA TERSHED AND COMMUNITY 2
701		-	RESILIENCE; 3
	702	+	1. ENERGY EFFICIENCY PRO GRAMS BENEFITING 1
	703	+	LOW–INCOME AND MODERATE –INCOME HOUSEHOLDS ; AND 2
702	704
703		-	(VIII) THE DEPARTMENT OF NATURAL RESOURCES IN MANAGING 4
704		-	FLOODING THROUGH THE IMPLEMENTATION OF ST REAM RESTORATION AND 5
705		-	NATURAL FILTRATION P ROJECTS; 6
	705	+	2. OTHER CLEAN ENERGY IN VESTMENTS; 3
706	706
707		-	(IX) THE ~~DEPARTMENT OF NATURAL RESOURCES IN 7~~
708		-	~~PROVIDING PLANNING G RANTS TO LOCAL GOVERNMENTS TO PREPARE FOR 8~~
709		-	~~EXTREME FLOODING~~ ; 9
	707	+	(XI) THE RESILIENCY HUB GRANT PROGRAM FUND UNDER § 4
	708	+	9–2015 OF THE STATE GOVERNMENT ARTICLE IN DEVELOPING RESILIENCY HUBS 5
	709	+	SERVING LOW–INCOME AND MODERATE –INCOME HOUSEHOLDS ; 6
710	710
711		-	(X) THE MARYLAND STRATEGIC ENERGY INVESTMENT FUND 10
712		-	UNDER § 9–20B–05 OF THE STATE GOVERNMENT ARTICLE FOR: 11
	711	+	(XII) THE MARYLAND DEPARTMENT OF EMERGENCY 7
	712	+	MANAGEMENT IN SUPPLEM ENTING PRE –DISASTER MITIGATION FUNDING 8
	713	+	PROVIDED UNDER THE F EDERAL BUILDING RESILIENT INFRASTRUCTURE AND 9
	714	+	COMMUNITIES (BRIC) GRANT PROGRAM ; 10
713	715
714		-	~~1. ENERGY EFFICIENCY PRO GRAMS BENEFITING 12~~
715		-	~~LOW~~–~~INCOME AND MODERATE –INCOME~~ ~~HOUSEHOLDS~~ ; ~~AND 13~~
	716	+	(XIII) THE RESILIENT MARYLAND REVOLVING LOAN FUND 11
	717	+	UNDER § 14–110.4 OF THE PUBLIC SAFETY ARTICLE; 12
716	718
717		-	2. OTHER CLEAN ENERGY IN VESTMENTS; 14
	719	+	(XIV) THE CLIMATE CATALYTIC CAPITAL FUND UNDER § 10–855 13
	720	+	OF THE ECONOMIC DEVELOPMENT ARTICLE; 14
718	721
719		-	(XI) THE ~~RESILIENCY HUB GRANT PROGRAM FUND UNDER §~~ 15
720		-	~~9–2015 OF~~ THE ~~STATE GOVERNMENT ARTICLE IN DEVELOPING RESILIENCY HUBS~~ 16
721		-	~~SERVING LOW–INCOME AND MODERATE –INCOME HOUSEHOLDS~~ ; 17
	722	+	(XV) THE DEPARTMENT OF HOUSING AND COMMUNITY 15
	723	+	DEVELOPMENT IN PROVID ING GRANTS AND LOANS UNDER THE MARYLAND 16
	724	+	WHOLEHOME PROGRAM; 17
722	725
723		-	(XII) THE MARYLAND DEPARTMENT OF EMERGENCY 18
724		-	MANAGEMENT IN SUPPLEM ENTING PRE –DISASTER MITIGATION FUNDING 19
725		-	PROVIDED UNDER THE F EDERAL BUILDING RESILIENT INFRASTRUCTURE AND 20
726		-	COMMUNITIES (BRIC) GRANT PROGRAM ; 21
	726	+	(XVI) THE MARYLAND ENERGY ADMINISTRATION IN PRO VIDING 18
	727	+	FINANCIAL ASSISTANCE TO LOW–INCOME AND MODERATE –INCOME HOUSEHOLDS 19
	728	+	TO TRANSITION THEIR HOMES OFF FOSSIL FUE LS; 20
727	729
728		-	(~~XIII~~) THE ~~RESILIENT MARYLAND REVOLVING LOAN~~ FUND 22
729		-	~~UNDER § 14~~–~~110.4~~ OF THE ~~PUBLIC SAFETY~~ ARTICLE; 23
	730	+	(XVII) THE ENERGY STORAGE SYSTEM GRANT FUND UNDER § 21
	731	+	9–2012 OF THE STATE GOVERNMENT ARTICLE; 22
730	732
731		-	(~~XIV~~) THE ~~CLIMATE CATALYTIC CAPITAL FUND UNDER § 10–855 24~~
732		-	OF THE ~~ECONOMIC DEVELOPMENT ARTICLE~~; 25
	733	+	(XVIII) THE DEPARTMENT OF COMMERCE IN ATTRACTIN G 23
	734	+	CLEANTECH AND RENEWA BLE ENERGY BUSINESSE S TO THE STATE; 24
733	735
734		-	(XV) THE DEPARTMENT OF HOUSING AND COMMUNITY 26
735		-	DEVELOPMENT IN PROVID ING GRANTS AND LOANS UNDER THE MARYLAND 27
736		-	WHOLEHOME PROGRAM; 28
	736	+	(XIX) THE DEPARTMENT ’S DAM SAFETY PROGRAM UNDER TITLE 25
	737	+	5, SUBTITLE 5 OF THIS ARTICLE; 26
737	738
738		-	(XVI) THE MARYLAND ENERGY ADMINISTRATION IN PRO VIDING 29
739		-	FINANCIAL ASSISTANCE TO LOW–INCOME AND MODERATE –INCOME HOUSEHOLDS 30
740		-	TO TRANSITION THEIR HOMES OFF FOSSIL FUE LS; 31
	739	+	(XX) THE DEPARTMENT IN SUPPLEM ENTING FUNDING FOR T HE 27
	740	+	COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES 28
	741	+	UNDER TITLE 1, SUBTITLE 7 OF THIS ARTICLE; 29
	742	+
	743	+	(XXI) THE DEPARTMENT OF TRANSPORTATION FOR TH E 30
	744	+	STATEWIDE TRANSIT INNOVATION GRANT PROGRAM; 31
741	745		HOUSE BILL 128 17
742	746
743	747
744		-	(~~XVII~~) THE ~~ENERGY STORAGE SYSTEM GRANT FUND UNDER §~~ 1
745		-	9–~~2012~~ OF ~~THE STATE GOVERNMENT ARTICLE~~; 2
	748	+	(XXII) THE ZERO–EMISSION VEHICLE SCHOOL BUS TRANSITION 1
	749	+	FUND UNDE R § 2–1504 OF THIS TITLE; 2
746	750
747		-	(XVIII) THE DEPARTMENT OF COMMERCE IN ATTRACTIN G 3
748		-	CLEANTECH AND RENEWA BLE ENERGY BUSINESSE S TO THE STATE; 4
	751	+	(XXIII) THE MARYLAND ENERGY ADMINISTRATION FOR TH E 3
	752	+	MEDIUM–DUTY AND HEAVY–DUTY ZERO–EMISSION VEHICLE GRANT PROGRAM 4
	753	+	UNDER § 9–2011 OF THE STATE GOVERNMENT ARTICLE; 5
749	754
750		-	(XIX) THE DEPARTMENT ’S DAM SAFETY PROGRAM UNDER TITLE 5
751		-	5, SUBTITLE 5 OF THIS ARTICLE; 6
	755	+	(XXIV) THE MARYLAND ENERGY ADMINISTRATION FOR TH E 6
	756	+	ELECTRIC VEHICLE RECHARGING EQUIPMENT REBATE PROGRAM UNDER § 9–2009 7
	757	+	OF THE STATE GOVERNMENT ARTICLE; 8
752	758
753		-	(XX) THE DEPARTMENT ~~IN SUPPLEM ENTING FUNDING~~ FOR ~~T HE 7~~
754		-	~~COMMISSION ON ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES 8~~
755		-	~~UNDER TITLE 1, SUBTITLE 7 OF THIS~~ ARTICLE; 9
	759	+	(XXV) THE DEPARTMENT OF TRANSPORTATION FOR TH E KIM 9
	760	+	LAMPHIER BIKEWAYS NETWORK PROGRAM UNDER § 2–608 OF THE 10
	761	+	TRANSPORTATION ARTICLE; 11
756	762
757		-	(XXI) THE DEPARTMENT OF TRANSPORTATION FOR TH E 10
758		-	STATEWIDE TRANSIT INNOVATION GRANT PROGRAM; 11
	763	+	(XXVI) THE TRANSIT–ORIENTED DEVELOPMENT CAPITAL 12
	764	+	GRANT AND REVOLVING LOAN FUND UNDER TITLE 7, SUBTITLE 12 OF THE 13
	765	+	TRANSPORTATION ARTICLE; 14
759	766
760		-	(XXII) THE ZERO–EMISSION VEHICLE SCHOOL BUS TRANSITION 12
761		-	FUND UNDER § 2–1504 OF THIS TITLE; 13
	767	+	(XXVII) THE DEPARTMENT IN HIRING ADDITIONAL STAFF IN 15
	768	+	THE DEPARTMENT TO WORK ON INITIATIVES TO PROTE CT OVERBURDENED AND 16
	769	+	UNDERSERVED COMMUNIT IES, AS DEFINED IN § 1–701 OF THIS ARTICLE, FROM THE 17
	770	+	EFFECTS OF CLIMATE C HANGE THROUGH IMPROV EMENTS TO PERMITTING 18
	771	+	PROCESSES, COMMUNITY OUTREACH E FFORTS, AND OTHER INITIATIVE S; 19
762	772
763		-	(XXIII) THE MARYLAND ENERGY ADMINISTRATION FOR TH E 14
764		-	MEDIUM–DUTY AND HEAVY–DUTY ZERO–EMISSION VEHICLE GRANT PROGRAM 15
765		-	UNDER § 9–2011 OF THE STATE GOVERNMENT ARTICLE; 16
	773	+	(XXVIII) THE DEPARTMENT IN HIRING ADDITIONAL STAFF TO 20
	774	+	SUPPORT THE DEPARTMENT ’S CLIMATE CHANGE PROGRAM; 21
766	775
767		-	(~~XXIV~~) THE ~~MARYLAND ENERGY ADMINISTRATION FOR TH E 17~~
768		-	~~ELECTRIC VEHICLE RECHARGING EQUIPMENT REBATE PROGRAM UNDER § 9–2009 18~~
769		-	~~OF THE STATE GOVERNMENT ARTICLE~~; 19
	776	+	(XXIX) THE PUBLIC SERVICE COMMISSION IN HIRING 22
	777	+	ADDITIONAL STAFF TO SUPPORT IMPLEMENTATI ON OF THE EMPOWER MARYLAND 23
	778	+	PROGRAM; AND 24
770	779
771		-	(~~XXV~~) THE DEPARTMENT OF ~~TRANSPORTATION FOR TH E KIM 20~~
772		-	~~LAMPHIER BIKEWAYS NETWORK PROGRAM UNDER § 2–608~~ OF ~~THE 21~~
773		-	~~TRANSPORTATION ARTICLE;~~ 22
	780	+	(XXX) THE MARYLAND DEPARTMENT OF EMERGENCY 25
	781	+	MANAGEMENT IN HIRING ENGINEERING STAFF FO R THE OFFICE OF RESILIENCY TO 26
	782	+	WORK ON FLOOD –RELATED ISSUES . 27
774	783
775		-	(XXVI) THE TRANSIT–ORIENTED DEVELOPMENT CAPITAL 23
776		-	GRANT AND REVOLVING LOAN FUND UNDER TITLE 7, SUBTITLE 12 OF THE 24
777		-	TRANSPORTATION ARTICLE; 25
	784	+	(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 28
	785	+	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 29
778	786
779		-	(XXVII) THE DEPARTMENT IN HIRING ADDITIONAL STAFF IN 26
780		-	THE DEPARTMENT TO WORK ON INITIATIVES TO PROTE CT OVERBURDENED AND 27
781		-	UNDERSERVED COMMUNIT IES, AS DEFINED IN § 1–701 OF THIS ARTICLE, FROM THE 28
782		-	EFFECTS OF CLIMATE C HANGE THROUGH IMPROV EMENTS TO PERMITTING 29
783		-	PROCESSES, COMMUNITY OUTREACH E FFORTS, AND OTHER INITIATIVE S; 30
	787	+	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 30
	788	+	THE GENERAL FUND OF THE STATE. 31
784	789
785		-	(XXVIII) THE DEPARTMENT IN HIRING ADDITIONAL STAFF TO 31
786		-	SUPPORT THE DEPARTMENT ’S CLIMATE CHANGE PROGRAM; 32
787		-	18 HOUSE BILL 128
788		-
789		-
790		-	(XXIX) THE PUBLIC SERVICE COMMISSION IN HIRING 1
791		-	ADDITIONAL STAFF TO SUPPORT IMPLEMENTATI ON OF THE EMPOWER MARYLAND 2
792		-	PROGRAM; AND 3
793		-
794		-	(XXX) THE MARYLAND DEPARTMENT OF EMERGENCY 4
795		-	MANAGEMENT IN HIRING ENGINEERING STAFF FO R THE OFFICE OF RESILIENCY TO 5
796		-	WORK ON FLOOD –RELATED ISSUES . 6
797		-
798		-	(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 7
799		-	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 8
800		-
801		-	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 9
802		-	THE GENERAL FUND OF THE STATE. 10
803		-
804		-	(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 11
805		-	WITH THE STATE BUDGET . 12
806		-
807		-	(I) FOR EACH FISCAL YEAR , AT LEAST 40% OF FUNDING PROVIDED UNDER 13
808		-	THE FUND SHALL BE USED FO R PROJECTS THAT DIRE CTLY BENEFIT COMMUNI TIES 14
809		-	DISPROPORTIONATELY AFFECTED BY CLIMATE IMPACTS. 15
810		-
811		-	2–1706. 16
812		-
813		-	(A) THE DEPARTMENT SHALL ESTA BLISH AND ADMINISTER A GRANT 17
814		-	PROGRAM FOR THE DIST RIBUTION OF FUNDS RE CEIVED UNDER § 2–1705(F)(2) OF 18
815		-	THIS SUBTITLE TO LOC AL JURISDICTIONS FOR THE PURPOSE OF ASSIS TING LOCAL 19
816		-	EFFORTS TO ADAP T TO AND MITIGATE TH E EFFECTS OF CLIMATE CHANGE. 20
817		-
818		-	(B) THE DEPARTMENT SHALL ESTA BLISH: 21
819		-
820		-	(1) APPLICATION PROCEDURE S FOR THE GRANT PROG RAM; 22
821		-
822		-	(2) CRITERIA FOR PRIORITI ZING APPLICATIONS UN DER THE GRANT 23
823		-	PROGRAM; 24
824		-
825		-	(3) PROCEDURES FOR AWARDI NG GRANTS UNDER THE GRANT 25
826		-	PROGRAM; AND 26
827		-
828		-	(4) ANY OTHER PROCEDURES OR CRITERIA NECESSAR Y TO CARRY 27
829		-	OUT THIS SECTION . 28
830		-
831		-	2–1707. 29
832		-	HOUSE BILL 128 19
833		-
834		-
835		-	(A) ON OR BEFORE OCTOBER 1, 2026, THE DEPARTMENT SHALL ADOP T 1
836		-	REGULATIONS NECESSAR Y TO CARRY OUT THE PROGRAM. 2
837		-
838		-	(B) THE REGULATIONS SHALL INCLUDE: 3
839		-
840		-	(1) METHODOLOGIES USING T HE BEST AVAILABLE SC IENCE TO 4
841		-	IDENTIFY RESPONSIBLE PARTIES AND DETERMIN E RESPONSIBLE PARTIE S’ 5
842		-	APPLICABLE SHARES OF GREENHOUSE GAS EMISS IONS; 6
843		-
844		-	(2) RULES RELATING TO : 7
845		-
846		-	(I) REGISTERING ENTITIES DETERMINED TO BE RES PONSIBLE 8
847		-	PARTIES UNDER THE PROGRAM; 9
848		-
849		-	(II) ISSUING NOTICES OF CO ST RECOVERY DEMANDS THAT 10
850		-	SHALL INCLUDE : 11
851		-
852		-	1. THE COST RECOVERY DEM AND AMOUNT ; 12
853		-
854		-	2. THE TIME AND MANNER I N WHICH COST RECOVER Y 13
855		-	PAYMENTS MUST BE MAD E; 14
856		-
857		-	3. THE CONSEQUENCES OF N ONPAYMENT OR LA TE 15
858		-	PAYMENT; AND 16
859		-
860		-	4. INFORMATION REGARDING THE RIGHT TO REQUEST A 17
861		-	CONTESTED CASE HEARI NG; AND 18
862		-
863		-	(III) ACCEPTING PAYMENTS FR OM, PURSUING COLLECTION 19
864		-	EFFORTS AGAINST , AND NEGOTIATING SETT LEMENT AGREEMENTS WI TH 20
865		-	RESPONSIBLE PARTIES ; AND 21
866		-
867		-	(3) SUBJECT TO S UBSECTION (C) OF THIS SECTION , PROCEDURES 22
868		-	FOR IDENTIFYING CLIM ATE CHANGE ADAPTIVE OR MITIGATION INFRAS TRUCTURE 23
869		-	PROJECTS ELIGIBLE TO RECEIVE QUALIFYING E XPENDITURES FROM THE FUND. 24
870		-
871		-	(C) (1) THE DEPARTMENT MAY BY REG ULATION PROVIDE FOR CLIMATE 25
872		-	CHANGE ADAPTIVE OR MITIGATI ON INFRASTRUCTURE PR OJECTS TO BE IDENTIF IED 26
873		-	FOR FUNDING THROUGH : 27
874		-
875		-	(I) LEGISLATIVE BUDGET AP PROPRIATIONS ; 28
876		-
877		-	(II) THE ISSUANCE OF REQUE STS FOR PROPOSALS FR OM LOCAL 29
878		-	GOVERNMENTS , NONPROFIT ORGANIZATI ONS, OR COMMUNITY GROUPS ; OR 30 20 HOUSE BILL 128
	790	+	(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 32
	791	+	WITH THE STATE BUDGET . 33 18 HOUSE BILL 128
879	792
880	793
881	794
882		-	(III) ANY OTHER METHOD THE DEPARTMENT DEEMS 1
883		-	APPROPRIATE . 2
	795	+	(I) FOR EACH FISCAL YEAR , AT LEAST 40% OF FUNDING PROVIDED UNDER 1
	796	+	THE FUND SHALL BE USED FO R PROJECTS THAT DIRE CTLY BENEFIT COMMUNI TIES 2
	797	+	DISPROPORTIONATELY AFFECTED BY CLIMATE IMPACTS. 3
884	798
885		-	(2) THE DEPARTMENT SHALL ENSU RE THAT AT LEAST 40% OF THE 3
886		-	QUALIFIED EXPENDITUR ES FROM THE PROGRAM GO TO CLIMATE CHANGE 4
887		-	ADAPTIVE OR MITIGATI ON INFRASTRUCTURE PR OJECTS THAT DIRECTLY BENEFIT 5
888		-	COMMUNITIES DISPROPORTIONATELY A FFECTED BY CLIMATE I MPACTS. 6
	799	+	2–1706. 4
889	800
890		-	2–1708. 7
	801	+	(A) THE DEPARTMENT SHALL ESTA BLISH AND ADMINISTER A GRANT 5
	802	+	PROGRAM FOR THE DIST RIBUTION OF FUNDS RE CEIVED UNDER § 2–1705(F)(2) OF 6
	803	+	THIS SUBTITLE TO LOC AL JURISDICTIONS FOR THE PURPOSE OF ASSIS TING LOCAL 7
	804	+	EFFORTS TO ADAPT TO AND MITIGAT E THE EFFECTS OF CLI MATE CHANGE . 8
891	805
892		-	(A) ON OR BEFORE OCTOBER 1, 2028, AND EACH OCTOBER 1 THEREAFTER , 8
893		-	THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH 9
894		-	§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 10
	806	+	(B) THE DEPARTMENT SHALL ESTA BLISH: 9
895	807
896		-	(1) THE COST RECOVERY PAY MENTS RECEIVED AND T HE FUNDING 11
897		-	DISBURSED FROM THE FUND DURING THE PRECE DING FISCAL YEAR ; 12
	808	+	(1) APPLICATION PROCEDURE S FOR THE GRANT PROG RAM; 10
898	809
899		-	(2) THE ~~STATUS OF CLIMATE CHANGE ADAPTIVE OR M ITIGATION 13~~
900		-	~~INFRASTRUCTURE PROJE CTS FUNDED UNDER THE~~ PROGRAM; 14
	810	+	(2) CRITERIA FOR PRIORITI ZING APPLICATIONS UN DER THE GRANT 11
	811	+	PROGRAM; 12
901	812
902		-	(3) THE PERCENTAGE OF Q UALIFIED EXPENDITURE S MADE DURING 15
903		-	THE PRECEDING FISCAL YEAR THAT FUNDED CLI MATE CHANGE ADAPTIVE OR 16
904		-	MITIGATION INFRASTRU CTURE PROJECTS THAT DIRECTLY BENEFITED 17
905		-	COMMUNITIES DISPROPO RTIONATELY AFFECTED BY CLIMATE IMPACTS ; AND 18
	813	+	(3) PROCEDURES FOR AWARDI NG GRANTS UND ER THE GRANT 13
	814	+	PROGRAM; AND 14
906	815
907		-	(4) ~~THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING T HE 19~~
908		-	~~PURPOSES OF~~ THIS ~~SUB TITLE~~. 20
	816	+	(4) ANY OTHER PROCEDURES OR CRITERIA NECESSAR Y TO CARRY 15
	817	+	OUT THIS SECTION . 16
909	818
910		-	(B) (1) THE LEGISLATIVE AUDITOR MAY CONDUCT P OST AUDITS OF A 21
911		-	FISCAL AND COMPLIANC E NATURE OF THE FUND AND OF THE APPRO PRIATIONS AND 22
912		-	EXPENDITURES MADE FO R THE PURPOSES OF TH IS SUBTITLE. 23
	819	+	2–1707. 17
913	820
914		-	(2) THE ~~COST OF THE FISCAL PORTION O F AN AUDIT~~ SHALL ~~BE PAID 24~~
915		-	~~FROM~~ THE ~~FUND AS AN ADMINISTRA TIVE COST~~. 25
	821	+	(A) ON OR BEFORE OCTOBER 1, 2026, THE DEPARTMENT SHALL ADOP T 18
	822	+	REGULATIONS NECESSAR Y TO CARRY OUT THE PROGRAM. 19
916	823
917		-	~~Article – Natural Resources 26~~
	824	+	(B) THE REGULATIONS SHALL INCLUDE: 20
918	825
919		-	5–222. 27
	826	+	(1) METHODOLOGIES USING T HE BEST AVAILABLE SC IENCE TO 21
	827	+	IDENTIFY RESPONSIBLE PARTIES AND DETERMIN E RESPONSIBLE PARTIE S’ 22
	828	+	APPLICABLE SHARES OF GREENHOUSE GAS EMISS IONS; 23
920	829
921		-	(a) ~~In this section,~~ ~~“Fund” means the Great Maryland Outdoors Fund. 28~~
	830	+	(2) RULES RELATING TO : 24
922	831
923		-	(b) There is a Great Maryland Outdoors Fund in the Department. 29
	832	+	(I) REGISTERING ENTITIES DETERMINED TO BE RES PONSIBLE 25
	833	+	PARTIES UNDER THE PROGRAM; 26
924	834
925		-	(f) The Fund consists of: 30 HOUSE BILL 128 21
	835	+	(II) ISSUING NOTICES OF CO ST RECOVERY DEMANDS THAT 27
	836	+	SHALL INCLUDE : 28
	837	+
	838	+	1. THE COST RECOVERY DEM AND AMOUNT ; 29 HOUSE BILL 128 19
926	839
927	840
928	841
929		-	~~(1) Money appropriated in~~ the ~~State budget to the Fund in accordance with~~ 1
930		-	~~subsection (j) of this section~~; 2
	842	+	2. THE TIME AND MANNER I N WHICH COST RECOVER Y 1
	843	+	PAYMENTS MUST BE MAD E; 2
931	844
932		-	(2) Interest earnings of the Fund; [and] 3
	845	+	3. THE CONSEQUENCES OF N ONPAYMENT OR LA TE 3
	846	+	PAYMENT; AND 4
933	847
934		-	(3) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION 4
935		-	AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 5
936		-	ARTICLE; AND 6
	848	+	4. INFORMATION REGARDING THE RIGHT TO REQUEST A 5
	849	+	CONTESTED CASE HEARI NG; AND 6
937	850
938		-	(4) Any other money from any other source accepted for the benefit of the 7
939		-	Fund. 8
	851	+	(III) ACCEPTING PAYMENTS FR OM, PURSUING COLLECTION 7
	852	+	EFFORTS AGAINST , AND NEGOTIATING SETT LEMENT AGREEMENTS WI TH 8
	853	+	RESPONSIBLE PARTIES ; AND 9
940	854
941		-	8–2B–03. 9
	855	+	(3) SUBJECT TO SUBSECTION (C) OF THIS SECTION , PROCEDURES 10
	856	+	FOR IDENTIFYING CLIM ATE CHANGE ADAPTIVE OR MITIGATION INFRAS TRUCTURE 11
	857	+	PROJECTS ELIGIBLE TO RECEIVE QUALIFYING E XPENDITURES FROM THE FUND. 12
942	858
943		-	(a) There is a Whole Watershed Fund. 10
	859	+	(C) (1) THE DEPARTMENT MAY BY REG ULATION PROVIDE FOR CLIMATE 13
	860	+	CHANGE ADAPTI VE OR MITIGATION INF RASTRUCTURE PROJECTS TO BE IDENTIFIED 14
	861	+	FOR FUNDING THROUGH : 15
944	862
945		-	(e) ~~The Fund consists of:~~ 11
	863	+	(I) LEGISLATIVE BUDGET AP PROPRIATIONS ; 16
946	864
947		-	(1) Revenue distributed to the Fund from: 12
	865	+	(II) THE ISSUANCE OF REQUE STS FOR PROPOSALS FR OM LOCAL 17
	866	+	GOVERNMENTS , NONPROFIT ORGANIZATI ONS, OR COMMUNITY GROUPS ; OR 18
948	867
949		-	(i) The ~~Chesapeake and Atlantic Coastal Bays 2010 Trust Fund 13~~
950		-	~~established under § 8–2A–02 of this title; 14~~
	868	+	(III) ANY OTHER METHOD THE DEPARTMENT DEEMS 19
	869	+	APPROPRIATE . 20
951	870
952		-	(ii) The Bay Restoration Fund established under § 9–1605.2 of the 15
953		-	Environment Article; 16
	871	+	(2) THE DEPARTMENT SHALL ENSU RE THAT AT LEAST 40% OF THE 21
	872	+	QUALIFIED EXPENDITUR ES FROM THE PROGRAM GO TO CLIMATE CHANGE 22
	873	+	ADAPTIVE OR MITIGATI ON INFRASTRUCTURE PR OJECTS THAT DIRECTLY BENEFIT 23
	874	+	COMMUNITIES DISPRO PORTIONATELY AFFECTE D BY CLIMATE IMPACTS . 24
954	875
955		-	(iii) The Clean Water Commerce Account established under § 17
956		-	9–1605.4 of the Environment Article; 18
	876	+	2–1708. 25
957	877
958		-	(iv) The Maryland Agricultural Land Preservation Fund established 19
959		-	under § 2–505 of the Agriculture Article; 20
	878	+	(A) ON OR BEFORE OCTOBER 1, 2028, AND EACH OCTOBER 1 THEREAFTER , 26
	879	+	THE DEPARTMENT SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH 27
	880	+	§ 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON: 28
960	881
961		-	(v) The cost–sharing program established under § 8–702 of the 21
962		-	Agriculture Article; and 22
	882	+	(1) THE COST RECOVERY PAY MENTS RECEIVED AND T HE FUNDING 29
	883	+	DISBURSED FROM THE FUND DURING THE PRECE DING FISCAL YEAR ; 30
	884	+	20 HOUSE BILL 128
963	885
964		-	(vi) The Waterway Improvement Fund established under § 8–707 of 23
965		-	this title; 24
966	886
967		-	(2) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION 25
968		-	AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 26
969		-	ARTICLE; 27
	887	+	(2) THE STATUS OF CLIMATE CHANGE ADAPTIVE OR M ITIGATION 1
	888	+	INFRASTRUCTURE PROJE CTS FUNDED UNDER THE PROGRAM; 2
970	889
971		-	(3) Money appropriated in the State budget to the Fund; 28
	890	+	(3) THE PERCENTAGE OF QUA LIFIED EXPENDITURES MADE DURING 3
	891	+	THE PRECEDING FISCAL YEAR THAT FUNDED CLI MATE CHANGE ADAPTIVE OR 4
	892	+	MITIGATION INFRASTRU CTURE PROJECTS THAT DIRECTLY BENEFITED 5
	893	+	COMMUNITIES DISPROPO RTIONATELY AFFECTED BY CLIMATE IMPACTS ; AND 6
972	894
973		-	[(3)] (4) Interest earnings; and 29 22 HOUSE BILL 128
	895	+	(4) THE EFFECTIVENESS OF THE PROGRAM I N ACHIEVING THE 7
	896	+	PURPOSES OF THIS SUB TITLE. 8
	897	+
	898	+	(B) (1) THE LEGISLATIVE AUDITOR MAY CONDUCT P OST AUDITS OF A 9
	899	+	FISCAL AND COMPLIANC E NATURE OF THE FUND AND OF THE APPRO PRIATIONS AND 10
	900	+	EXPENDITURES MADE FO R THE PURPOSES OF TH IS SUBTITLE. 11
	901	+
	902	+	(2) THE COST OF THE FISCAL PORTION OF AN AUDIT SHALL BE PAID 12
	903	+	FROM THE FUND AS AN ADMINISTRA TIVE COST. 13
	904	+
	905	+	Article – Natural Resources 14
	906	+
	907	+	5–222. 15
	908	+
	909	+	(a) In this section, “Fund” means the Great Maryland Outdoors Fund. 16
	910	+
	911	+	(b) There is a Great Maryland Outdoors Fund in the Department. 17
	912	+
	913	+	(f) The Fund consists of: 18
	914	+
	915	+	(1) Money appropriated in the State budget to the Fund in accordance with 19
	916	+	subsection (j) of this section; 20
	917	+
	918	+	(2) Interest earnings of the Fund; [and] 21
	919	+
	920	+	(3) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION 22
	921	+	AND MITIGATION FUND IN ACCORDANCE WITH § 2–1705 OF THE ENVIRONMENT 23
	922	+	ARTICLE; AND 24
	923	+
	924	+	(4) Any other money from any other source accepted for the benefit of the 25
	925	+	Fund. 26
	926	+
	927	+	8–2B–03. 27
	928	+
	929	+	(a) There is a Whole Watershed Fund. 28
	930	+
	931	+	(e) The Fund consists of: 29 HOUSE BILL 128 21
974	932
975	933
976	934
977		-	[(4)] (5) Any other money from any other source accepted for the benefit 1
978		-	of the Fund. 2
	935	+	(1) Revenue distributed to the Fund from: 1
979	936
980		-	Article – Public Safety 3
	937	+	(i) The Chesapeake and Atlantic Coastal Bays 2010 Trust Fund 2
	938	+	established under § 8–2A–02 of this title; 3
981	939
982		-	14–110.4. 4
	940	+	(ii) The Bay Restoration Fund established under § 9–1605.2 of the 4
	941	+	Environment Article; 5
983	942
984		-	(b) There is a Resilient Maryland Revolving Loan Fund. 5
	943	+	(iii) The Clean Water Commerce Account estab lished under § 6
	944	+	9–1605.4 of the Environment Article; 7
985	945
986		-	(h) The Fund consists of: 6
	946	+	(iv) The Maryland Agricultural Land Preservation Fund established 8
	947	+	under § 2–505 of the Agriculture Article; 9
987	948
988		-	(1) money appropriated in the State budget to the Fund; 7
	949	+	(v) The cost–sharing program established under § 8–702 of the 10
	950	+	Agriculture Article; and 11
989	951
990		-	(2) investment and interest earnings of the Fund; 8
	952	+	(vi) The Waterway Improvement Fund established under § 8–707 of 12
	953	+	this title; 13
991	954
992		-	(3) repayments of principal and interest from loans made from the Fund; 9
	955	+	(2) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION 14
	956	+	AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 15
	957	+	ARTICLE; 16
993	958
994		-	(4) money received from the Federal Emergency Management Agency; 10
995		-	[and] 11
	959	+	(3) Money appropriated in the State budget to the Fund; 17
996	960
997		-	(5) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 12
998		-	AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 13
999		-	ARTICLE; AND 14
	961	+	[(3)] (4) Interest earnings; and 18
1000	962
1001		-	(6) any other money from any other source accepted for the benefit ~~of the 15~~
1002		-	Fund. 16
	963	+	[(4)] (5) Any other money from any other source accepted for the benefit 19
	964	+	of the Fund. 20
1003	965
1004		-	14–~~110.5. 17~~
	966	+	Article – Public Safety 21
1005	967
1006		-	~~(b) There is a State Disaster Recovery Fund~~. 18
	968	+	14–110.4. 22
1007	969
1008		-	(f) (1) The Governor may include in the annual budget bill an appropriation 19
1009		-	to the Fund. 20
	970	+	(b) There is a Resilient Maryland Revolving Loan Fund. 23
1010	971
1011		-	(2) The Fund ~~[shall consist]~~ CONSISTS of: 21
	972	+	(h) The Fund consists of: 24
1012	973
1013		-	(i) money appropriated in the State budget to the Fund; 22
	974	+	(1) money appropriated in the State budget to the Fund; 25
1014	975
1015		-	(ii) repayments of principal and interest from loans made from the 23
1016		-	Fund; 24
	976	+	(2) investment and interest earnings of the Fund; 26
1017	977
1018		-	(iii) reimbursements from the federal government or other legal 25
1019		-	entities for disaster recovery assistance expenditures made from the Fund; 26
	978	+	(3) repayments of principal and interest from loans made from the Fund; 27
	979	+	22 HOUSE BILL 128
	980	+
	981	+
	982	+	(4) money received from the Federal Emergency Management Agency; 1
	983	+	[and] 2
	984	+
	985	+	(5) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 3
	986	+	AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT 4
	987	+	ARTICLE; AND 5
	988	+
	989	+	(6) any other money from any other source accepted for the benefit of the 6
	990	+	Fund. 7
	991	+
	992	+	14–110.5. 8
	993	+
	994	+	(b) There is a State Disaster Recovery Fund. 9
	995	+
	996	+	(f) (1) The Governor may include in the annual budget bill an appropriation 10
	997	+	to the Fund. 11
	998	+
	999	+	(2) The Fund [shall consist] CONSISTS of: 12
	1000	+
	1001	+	(i) money appropriated in the State budget to the Fund; 13
	1002	+
	1003	+	(ii) repayments of principal and interest from loans made from the 14
	1004	+	Fund; 15
	1005	+
	1006	+	(iii) reimbursements from the federal government or other legal 16
	1007	+	entities for disaster recovery assistance expenditures made from the Fund; 17
	1008	+
	1009	+	(iv) FUNDS RECEIVED FROM THE CLIMATE CHANGE 18
	1010	+	ADAPTATION AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE 19
	1011	+	ENVIRONMENT ARTICLE; 20
	1012	+
	1013	+	(V) interest earnings of the Fund; and 21
	1014	+
	1015	+	[(v)] (VI) any other money from any other source accepted for the 22
	1016	+	benefit of the Fund. 23
	1017	+
	1018	+	Article – State Government 24
	1019	+
	1020	+	9–2012. 25
	1021	+
	1022	+	(b) There is an Energy Storage System Grant Program in the Administration. 26
	1023	+
	1024	+	(i) (1) There is an Energy Storage System Grant Fund. 27
	1025	+
	1026	+	(4) The Fund consists of: 28
1020	1027		HOUSE BILL 128 23
1021	1028
1022	1029
1023		-	(iv) FUNDS RECEIVED FROM THE CLIMATE CHANGE 1
	1030	+	(i) money appropriated in the State budget to the Fund; [and] 1
	1031	+
	1032	+	(ii) MONEY RECEIVED FROM THE CLIMATE CHANGE 2
	1033	+	ADAPTATION AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE 3
	1034	+	ENVIRONMENT ARTICLE; AND 4
	1035	+
	1036	+	(III) any other money from any other source accepted for the benefit 5
	1037	+	of the Fund. 6
	1038	+
	1039	+	9–2015. 7
	1040	+
	1041	+	(b) There is a Resiliency Hub Grant Program Fund. 8
	1042	+
	1043	+	(f) The Fund consists of: 9
	1044	+
	1045	+	(1) grant funding obtained under subsection (k) of this section; 10
	1046	+
	1047	+	(2) funds distributed to the Fund under § 9–20B–05 of this title and §§ 11
	1048	+	2–110.1 and 13–201 of the Public Utilities Article; 12
	1049	+
	1050	+	(3) money appropriated in the State budget to the Fund; 13
	1051	+
	1052	+	(4) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 14
	1053	+	AND MITIGATION FUND IN ACCORDANCE WITH § 2–1705 OF THE ENVIRONMENT 15
	1054	+	ARTICLE; 16
	1055	+
	1056	+	(5) interest earnings; and 17
	1057	+
	1058	+	[(5)] (6) any other money from any other source accepted for the benefit 18
	1059	+	of the Fund. 19
	1060	+
	1061	+	9–20B–05. 20
	1062	+
	1063	+	(a) There is a Maryland Strategic Energy Investment Fund. 21
	1064	+
	1065	+	(e) The Fund consists of: 22
	1066	+
	1067	+	(1) all of the proceeds from the sale of allowances under § 2–1002(g) of the 23
	1068	+	Environment Article; 24
	1069	+
	1070	+	(2) money appropriated in the State budget to the Program; 25
	1071	+
	1072	+	(3) repayments and prepayments of principal and interest on loans made 26
	1073	+	from the Fund; 27
	1074	+
	1075	+	(4) interest and investment earnings on the Fund; 28 24 HOUSE BILL 128
	1076	+
	1077	+
	1078	+
	1079	+	(5) compliance fees paid under § 7–705 of the Public Utilities Article; 1
	1080	+
	1081	+	(6) money received from any public or private source for the benefit of the 2
	1082	+	Fund; 3
	1083	+
	1084	+	(7) money transferred from the Public Service Commission under § 4
	1085	+	7–207.2(c)(3) of the Public Utilities Article; [and] 5
	1086	+
	1087	+	(8) money distributed under § 2–614.1 of the Tax – General Article; AND 6
	1088	+
	1089	+	(9) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 7
	1090	+	AND MITIGATION FUND IN ACCORDANCE WITH § 2–1705 OF THE ENVIRONMENT 8
	1091	+	ARTICLE. 9
	1092	+
	1093	+	(I–2) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION AND 10
	1094	+	MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT ARTICLE 11
	1095	+	SHALL BE ACCOUNTED F OR SEPARATELY WITHIN THE FUND AND MAY BE USED FOR: 12
	1096	+
	1097	+	(1) ENERGY EFFICIENCY PR OGRAMS BENEFITING LO W–INCOME AND 13
	1098	+	MODERATE–INCOME HOUSEHOLDS ; AND 14
	1099	+
	1100	+	(2) OTHER CLEAN ENERGY I NVESTMENTS . 15
	1101	+
	1102	+	Article – Transportation 16
	1103	+
	1104	+	7–1202. 17
	1105	+
	1106	+	(a) There is a Transit–Oriented Development Capital Grant and Revolving Loan 18
	1107	+	Fund. 19
	1108	+
	1109	+	7–1203. 20
	1110	+
	1111	+	(a) The purpose of the Fund is to promote the equitable and inclusive 21
	1112	+	development of transit–oriented developments throughout the State. 22
	1113	+
	1114	+	(c) (1) The Fund consists of: 23
	1115	+
	1116	+	(i) Money appropriated in the State budget to the Fund; 24
	1117	+
	1118	+	(ii) Money made available for qualifying uses by the Fund from other 25
	1119	+	governmental sources, including eligible federal funding and the Transportation Trust 26
	1120	+	Fund; 27
	1121	+	HOUSE BILL 128 25
	1122	+
	1123	+
	1124	+	(iii) MONEY RECEIVED FROM T HE CLIMATE CHANGE 1
1024	1125		ADAPTATION AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE 2
1025	1126		ENVIRONMENT ARTICLE; 3
1026	1127
1027		-	(V) interest earnings of the Fund; and 4
	1128	+	(IV) Ground rents or land sale proceeds in accordance with § 4
	1129	+	10–306(c)(2) of the State Finance and Procurement Article; 5
1028	1130
1029		-	[(v)] (VI) ~~any other money from any other source accepted for the 5~~
1030		-	~~benefit of the Fund. 6~~
	1131	+	[(iv)] (V) Payments of principal of and interest on loans made under 6
	1132	+	this title; 7
1031	1133
1032		-	~~Article – State Government 7~~
	1134	+	[(v)] (VI) Investment earnings of the Fund; and 8
1033	1135
1034		-	9–2012. 8
	1136	+	[(vi)] (VII) Any other money from any other source, public or private, 9
	1137	+	accepted for the benefit of the Fund. 10
1035	1138
1036		-	(b) There is an Energy Storage System Grant Program in the Administration. 9
	1139	+	(2) Contributions to the Fund under paragraph [(1)(iii)] (1)(IV) of this 11
	1140	+	subsection shall: 12
1037	1141
1038		-	(i) ~~(1) There is an Energy Storage System Grant~~ Fund~~. 10~~
	1142	+	(i) Be separately accounted for in the Fund; and 13
1039	1143
1040		-	(4) The Fund consists of: 11
	1144	+	(ii) Be used only for the benefit of transit–oriented developments in 14
	1145	+	the same county where the real property subject to the ground rent or land sale is located. 15
1041	1146
1042		-	(i) money appropriated in the State budget to the Fund; [and] 12
	1147	+	(a) (1) The Comptroller, in coordination with the Department of the 16
	1148	+	Environment and the Department of Commerce, shall conduct a study to assess the total 17
	1149	+	cost of greenhouse gas emissions in the State. 18
1043	1150
1044		-	(ii) MONEY RECEIVED FROM THE CLIMATE CHANGE 13
1045		-	ADAPTATION AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE 14
1046		-	ENVIRONMENT ARTICLE; AND 15
	1151	+	(2) The Comptroller may hire a consultant to conduct the study. 19
1047	1152
1048		-	(III) any other money from any other source accepted for the benefit 16
1049		-	of the Fund. 17
	1153	+	(b) On or before December 1, 2026, the Comptroller, the Department of the 20
	1154	+	Environment, and the Department of Commerce shall report to the Senate Budget and 21
	1155	+	Taxation Committee, the Senate Committee on Education, Energy, and the Environment, 22
	1156	+	the Senate Judicial Proceedings Committee, the House Appropriations Committee, the 23
	1157	+	House Environment and Transportation Committee, and the House Judiciary Committee, 24
	1158	+	in accordance with § 2–1257 of the State Government Article, on the total assessed cost of 25
	1159	+	greenhouse gas emissions in the State based on the findings of the study conducted under 26
	1160	+	subsection (a) of this section. 27
1050	1161
1051		-	~~9–2015. 18~~
	1162	+	(c) The report required under subsection (b) of this section shall include: 28
1052	1163
1053		-	(b) There is a Resiliency Hub Grant Program Fund. 19
1054		-
1055		-	(f) The Fund consists of: 20
1056		-
1057		-	(1) grant funding obtained under subsection (k) of this section; 21
1058		-
1059		-	(2) funds distributed to the Fund under § 9–20B–05 of this title and §§ 22
1060		-	2–110.1 and 13–201 of the Public Utilities Article; 23
1061		-
1062		-	(3) money appropriated in the State budget to the Fund; 24
1063		-
1064		-	(4) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 25
1065		-	AND MITIGATION FUND IN ACCORDANCE WITH § 2–1705 OF THE ENVIRONMENT 26
1066		-	ARTICLE; 27
1067		-
1068		-	(5) interest earnings; and 28 24 HOUSE BILL 128
	1164	+	(1) a summary of the various cost–driving effects of covered greenhouse gas 29
	1165	+	emissions on the State, including effects on public health, natural resources, biodiversity, 30
	1166	+	agriculture, economic development, flood preparedness and safety, and housing, and any 31
	1167	+	other effect that the Comptroller and the Department of the Environment determine to be 32
	1168	+	relevant; 33
	1169	+	26 HOUSE BILL 128
1069	1170
1070	1171
	1172	+	(2) a categorized calculation of the costs that have been incurred and costs 1
	1173	+	that are projected to be incurred by the State and its residents for each effect identified 2
	1174	+	under item (1) of this subsection; 3
1071	1175
1072		-	[(5)] (6) any other money from any other source accepted for the benefit 1
1073		-	of the Fund. 2
	1176	+	(3) a categorized calculation of the costs that have been incurred and costs 4
	1177	+	that are projected to be incurred by the State and its residents to mitigate the effects of 5
	1178	+	covered greenhouse gas emissions during the covered period; and 6
1074	1179
1075		-	9–20B–05. 3
	1180	+	(4) an economic analysis to determine whether there would be a cost passed 7
	1181	+	on to taxpayers as a result of requiring each fossil fuel company that has a sufficient nexus 8
	1182	+	to the State and emitted more than 1,000,000,000 tons of greenhouse gas emissions globally 9
	1183	+	between 1995 and 2024 to compensate the State for climate change. 10
1076	1184
1077		-	(a) There is a Maryland Strategic Energy Investment Fund. 4
	1185	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
	1186	+	October 1, 2025. 12
1078	1187
1079		-	(e) The Fund consists of: 5
1080		-
1081		-	(1) all of the proceeds from the sale of allowances under § 2–1002(g) of the 6
1082		-	Environment Article; 7
1083		-
1084		-	(2) money appropriated in the State budget to the Program; 8
1085		-
1086		-	(3) repayments and prepayments of principal and interest on loans made 9
1087		-	from the Fund; 10
1088		-
1089		-	(4) interest and investment earnings on the Fund; 11
1090		-
1091		-	(5) compliance fees paid under § 7–705 of the Public Utilities Article; 12
1092		-
1093		-	(6) money received from any public or private source for the benefit of the 13
1094		-	Fund; 14
1095		-
1096		-	(7) money transferred from the Public Service Commission under § 15
1097		-	7–207.2(c)(3) of the Public Utilities Article; [and] 16
1098		-
1099		-	(8) money distributed under § 2–614.1 of the Tax – General Article; AND 17
1100		-
1101		-	(9) MONEY RECEIVED FROM THE CLIMATE CHANGE ADAPTATION 18
1102		-	AND MITIGATION FUND IN ACCORDANCE WITH § 2–1705 OF THE ENVIRONMENT 19
1103		-	ARTICLE. 20
1104		-
1105		-	(I–2) MONEY RECEIVED FROM T HE CLIMATE CHANGE ADAPTATION AND 21
1106		-	MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE ENVIRONMENT ARTICLE 22
1107		-	SHALL BE ACCOUNTED F OR SEPARATELY WITHIN THE FUND AND MAY BE USED FOR: 23
1108		-
1109		-	(1) ENERGY EFFICIENCY PR OGRAMS BENEFITING LO W–INCOME AND 24
1110		-	MODERATE–INCOME HOUSEHOLDS ; AND 25
1111		-
1112		-	(2) OTHER CLEAN ENERGY I NVESTMENTS . 26
1113		-
1114		-	Article – Transportation 27
1115		-
1116		-	7–1202. 28 HOUSE BILL 128 25
1117		-
1118		-
1119		-
1120		-	(a) There is a Transit–Oriented Development Capital Grant and Revolving Loan 1
1121		-	Fund. 2
1122		-
1123		-	7–1203. 3
1124		-
1125		-	(a) The purpose of the Fund is to promote the equitable and inclusive 4
1126		-	development of transit–oriented developments throughout the State. 5
1127		-
1128		-	(c) (1) The Fund consists of: 6
1129		-
1130		-	(i) Money appropriated in the State budget to the Fund; 7
1131		-
1132		-	(ii) Money made available for qualifying uses by the Fund from other 8
1133		-	governmental sources, including eligible federal funding and the Transportation Trust 9
1134		-	Fund; 10
1135		-
1136		-	(iii) MONEY RECEIVED FROM T HE CLIMATE CHANGE 11
1137		-	ADAPTATION AND MITIGATION FUND IN ACCORDANCE WI TH § 2–1705 OF THE 12
1138		-	ENVIRONMENT ARTICLE; 13
1139		-
1140		-	(IV) Ground rents or land sale proceeds in accordance with § 14
1141		-	10–306(c)(2) of the State Finance and Procurement Article; 15
1142		-
1143		-	[(iv)] (V) Payments of principal of and interest on loans made under 16
1144		-	this title; 17
1145		-
1146		-	[(v)] (VI) Investment earnings of the Fund; and 18
1147		-
1148		-	[(vi)] (VII) Any other money from any other source, public or private, 19
1149		-	accepted for the benefit of the Fund. 20
1150		-
1151		-	(2) Contributions to the Fund under paragraph [(1)(iii)] (1)(IV) of this 21
1152		-	subsection shall: 22
1153		-
1154		-	(i) Be separately accounted for in the Fund; and 23
1155		-
1156		-	(ii) Be used only for the benefit of transit–oriented developments in 24
1157		-	the same county where the real property subject to the ground rent or land sale is located. 25
1158		-
1159		-	(a) (1) The Comptroller, in coordination with the Department of the 26
1160		-	Environment and the Department of Commerce the Department of Commerce and the 27
1161		-	Department of the Environment, shall conduct a study to assess the total cost of greenhouse 28
1162		-	gas emissions in the State. 29
1163		-
1164		-	(2) The Comptroller may hire a consultant to conduct the study. 30 26 HOUSE BILL 128
1165		-
1166		-
1167		-
1168		-	(b) On or before December 1, 2026, the Comptroller, the Department of the 1
1169		-	Environment, and the Department of Commerce the Department of Commerce, and the 2
1170		-	Department of the Environment shall report to the Senate Budget and Taxation Committee, 3
1171		-	the Senate Committee on Education, Energy, and the Environment, the Senate Judicial 4
1172		-	Proceedings Committee, the House Appropriations Committee, the House Environment 5
1173		-	and Transportation Committee, and the House Judiciary Committee, in accordance with § 6
1174		-	2–1257 of the State Government Article, on the total assessed cost of greenhouse gas 7
1175		-	emissions in the State based on the findings of the study conducted under subsection (a) of 8
1176		-	this section. 9
1177		-
1178		-	(c) The report required under subsection (b) of this section shall include: 10
1179		-
1180		-	(1) a summary of the various cost–driving effects of covered greenhouse gas 11
1181		-	emissions on the State, including effects on public health, natural resources, biodiversity, 12
1182		-	agriculture, economic development, flood preparedness and safety, and housing, and any 13
1183		-	other effect that the Comptroller and the Department of the Environment determine to be 14
1184		-	relevant; 15
1185		-
1186		-	(2) a categorized calculation of the costs that have been incurred and costs 16
1187		-	that are projected to be incurred by the State and its residents for each effect identified 17
1188		-	under item (1) of this subsection; 18
1189		-
1190		-	(3) a categorized calculation of the costs that have been incurred and costs 19
1191		-	that are projected to be incurred by the State and its residents to mitigate adapt to the 20
1192		-	effects of covered greenhouse gas emissions during the covered period; and 21
1193		-
1194		-	(4) an economic analysis to determine whether there would be a cost passed 22
1195		-	on to taxpayers as a result of requiring each fossil fuel company that has a sufficient nexus 23
1196		-	to the State and emitted more than 1,000,000,000 tons of greenhouse gas emissions globally 24
1197		-	between 1995 and 2024 to compensate the State for climate change. 25
1198		-
1199		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
1200		-	October July 1, 2025. 27
1201	1188
1202	1189
1203	1190
1204	1191		Approved:
1205	1192		________________________________________________________________________________
1206	1193		Governor.
1207	1194		________________________________________________________________________________
1208	1195		Speaker of the House of Delegates.
1209	1196		________________________________________________________________________________
1210	1197		President of the Senate.