Maryland 2025 Regular Session

Maryland House Bill HB145 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0145*
66
77 HOUSE BILL 145
88 P1, M5 5lr1300
99 HB 660/24 – ECM & APP (PRE–FILED) CF SB 105
1010 By: Delegate Boafo
1111 Requested: October 22, 2024
1212 Introduced and read first time: January 8, 2025
1313 Assigned to: Economic Matters and Appropriations
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Green and Renewable Energy for Nonprofit Organizations Loan Program and 2
2020 Fund 3
2121
2222 FOR the purpose of establishing the Green and Renewable Energy for Nonprofit 4
2323 Organizations Loan Program in the Maryland Energy Administration to provide 5
2424 financial assistance to nonprofit organizations for the planning, purchase, and 6
2525 installation of qualifying energy systems; establishing the Green and Renewable 7
2626 Energy for Nonprofit Organizations Loan Fund as a special, nonlapsing fund; 8
2727 requiring interest earnings of the Green and Renewable Energy for Nonprofit 9
2828 Organizations Loan Fund to be paid into the Green and Renewable Energy for 10
2929 Nonprofit Organizations Loan Fund; altering the uses of the Maryland Strategic 11
3030 Energy Investment Fund to include providing funds to the Green and Renewable 12
3131 Energy for Nonprofit Organizations Loan Fund; and generally relating to the Green 13
3232 and Renewable Energy for Nonprofit Organizations Loan Program and Fund. 14
3333
3434 BY repealing and reenacting, without amendments, 15
3535 Article – State Finance and Procurement 16
3636 Section 6–226(a)(2)(i) 17
3737 Annotated Code of Maryland 18
3838 (2021 Replacement Volume and 2024 Supplement) 19
3939
4040 BY repealing and reenacting, with amendments, 20
4141 Article – State Finance and Procurement 21
4242 Section 6–226(a)(2)(ii)204. and 205. 22
4343 Annotated Code of Maryland 23
4444 (2021 Replacement Volume and 2024 Supplement) 24
4545
4646 BY adding to 25
4747 Article – State Finance and Procurement 26
4848 Section 6–226(a)(2)(ii)206. 27 2 HOUSE BILL 145
4949
5050
5151 Annotated Code of Maryland 1
5252 (2021 Replacement Volume and 2024 Supplement) 2
5353
5454 BY repealing and reenacting, without amendments, 3
5555 Article – State Government 4
5656 Section 9–20B–05(a) 5
5757 Annotated Code of Maryland 6
5858 (2021 Replacement Volume and 2024 Supplement) 7
5959
6060 BY repealing and reenacting, with amendments, 8
6161 Article – State Government 9
6262 Section 9–20B–05(f)(12) and (13) 10
6363 Annotated Code of Maryland 11
6464 (2021 Replacement Volume and 2024 Supplement) 12
6565
6666 BY adding to 13
6767 Article – State Government 14
6868 Section 9–20B–05(f)(13); and 9–2101 through 9–2107 to be under the new subtitle 15
6969 “Subtitle 21. Green and Renewable Energy for Nonprofit Organizations Loan 16
7070 Program” 17
7171 Annotated Code of Maryland 18
7272 (2021 Replacement Volume and 2024 Supplement) 19
7373
7474 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
7575 That the Laws of Maryland read as follows: 21
7676
7777 Article – State Finance and Procurement 22
7878
7979 6–226. 23
8080
8181 (a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 24
8282 through 2028. 25
8383
8484 2. Notwithstanding any other provision of law, and unless 26
8585 inconsistent with a federal law, grant agreement, or other federal requirement or with the 27
8686 terms of a gift or settlement agreement, net interest on all State money allocated by the 28
8787 State Treasurer under this section to special funds or accounts, and otherwise entitled to 29
8888 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 30
8989 Fund of the State. 31
9090
9191 (ii) The provisions of subparagraph (i) of this paragraph do not apply 32
9292 to the following funds: 33
9393
9494 204. the Climate Technology Founder’s Fund; [and] 34
9595
9696 205. the Victims of Domestic Violence Program Grant Fund; 35
9797 AND 36 HOUSE BILL 145 3
9898
9999
100100
101101 206. THE GREEN AND RENEWABLE ENERGY FOR 1
102102 NONPROFIT ORGANIZATIONS LOAN FUND. 2
103103
104104 Article – State Government 3
105105
106106 9–20B–05. 4
107107
108108 (a) There is a Maryland Strategic Energy Investment Fund. 5
109109
110110 (f) The Administration shall use the Fund: 6
111111
112112 (12) to provide grants through the Customer–Sited Solar Program under § 7
113113 9–2016 of this title; [and] 8
114114
115115 (13) TO PROVIDE FUNDS TO THE GREEN AND RENEWABLE ENERGY 9
116116 FOR NONPROFIT ORGANIZATIONS LOAN FUND ESTABLISHED U NDER § 9–2107 OF 10
117117 THIS TITLE; AND 11
118118
119119 [(13)] (14) to pay the expenses of the Program. 12
120120
121121 SUBTITLE 21. GREEN AND RENEWABLE ENERGY FOR NONPROFIT 13
122122 ORGANIZATIONS LOAN PROGRAM. 14
123123
124124 9–2101. 15
125125
126126 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16
127127 INDICATED. 17
128128
129129 (B) “ADMINISTRATION ” MEANS THE MARYLAND ENERGY 18
130130 ADMINISTRATION . 19
131131
132132 (C) “BORROWER” MEANS A NONPROFIT OR GANIZATION THAT APPL IES AND 20
133133 QUALIFIES FOR A LOAN UNDER THE PROGRAM. 21
134134
135135 (D) “FUND” MEANS THE GREEN AND RENEWABLE ENERGY FOR 22
136136 NONPROFIT ORGANIZATIONS LOAN FUND. 23
137137
138138 (E) “NONPROFIT ORGANIZATIO N” MEANS AN ORGANIZATIO N THAT IS 24
139139 EXEMPT FROM FEDERAL INCOME TAX UNDER § 501(C)(3) OF THE INTERNAL 25
140140 REVENUE CODE. 26
141141
142142 (F) “PROGRAM” MEANS THE GREEN AND RENEWABLE ENERGY FOR 27
143143 NONPROFIT ORGANIZATIONS LOAN PROGRAM. 28
144144 4 HOUSE BILL 145
145145
146146
147147 (G) “QUALIFYING ENERG Y SYSTEM” MEANS A SYSTEM THAT : 1
148148
149149 (1) GENERATES ELECTRICIT Y OR USABLE THERMAL ENERGY THAT IS 2
150150 USED TO MEET ON –SITE DEMAND; AND 3
151151
152152 (2) ASSISTS THE STATE IN MEETING THE ENVIRONMENTAL AND 4
153153 GREENHOUSE GAS REDUC TION GOALS UNDER TITLE 2, SUBTITLE 12 OF THE 5
154154 ENVIRONMENT ARTICLE. 6
155155
156156 9–2102. 7
157157
158158 THERE IS A GREEN AND RENEWABLE ENERGY FOR NONPROFIT 8
159159 ORGANIZATIONS LOAN PROGRAM IN THE ADMINISTRATION . 9
160160
161161 9–2103. 10
162162
163163 THE PURPOSE OF THE PROGRAM IS TO PROVIDE FINANCIAL ASSISTANCE IN 11
164164 THE FORM OF NO –INTEREST LOANS TO NO NPROFIT ORGANIZATIONS FOR TH E 12
165165 PLANNING, PURCHASE, AND INSTALLATION OF QUALIFYING ENERGY SY STEMS IN 13
166166 THE STATE. 14
167167
168168 9–2104. 15
169169
170170 THE ADMINISTRATION SHALL : 16
171171
172172 (1) MANAGE, SUPERVISE, AND ADMINISTER THE PROGRAM; 17
173173
174174 (2) ADOPT REGULATIONS TO ENSURE THAT LOANS PR OVIDED TO 18
175175 NONPROFIT ORGANIZATIONS C ARRY OUT THE PURPOSE OF THE PROGRAM; AND 19
176176
177177 (3) ATTACH TO ANY LOAN S PECIFIC TERMS THAT A RE CONSIDERED 20
178178 NECESSARY TO ENSURE THAT THE PURPOSE OF THE PROGRAM IS FULFILLED . 21
179179
180180 9–2105. 22
181181
182182 (A) (1) A BORROWER MUST FILE A N APPLICATION WITH T HE 23
183183 ADMINISTRATION TO RECEIV E A LOAN UNDER THE PROGRAM. 24
184184
185185 (2) THE APPLICATION MUST BE SIGNED BY THE CHI EF OPERATING 25
186186 OFFICER OR AN AUTHOR IZED OFFICER OF THE NONPROFIT ORGANIZATI ON. 26
187187
188188 (B) THE APPLICATION MUST CONTAIN ANY INFORMAT ION THE 27
189189 ADMINISTRATION DETERM INES IS NECESSARY, INCLUDING: 28
190190
191191 (1) THE PROJECTED COST O F THE QUALIFYING ENE RGY SYSTEM OR 29 HOUSE BILL 145 5
192192
193193
194194 TECHNICAL ASSISTANCE BEING FINANCED THROU GH THE LOAN; 1
195195
196196 (2) THE LOCATION OF THE PROPERTY WHERE THE Q UALIFYING 2
197197 ENERGY SYSTEM WILL B E INSTALLED AND WHET HER THE PROPERTY IS OWNED OR 3
198198 LEASED BY THE APPLIC ANT; AND 4
199199
200200 (3) ANY ADDITIONAL INFOR MATION RELATING TO T HE BORROWER OR 5
201201 THE PROPOSED QUALIFY ING ENERGY SYSTEM BE ING FINANCED THROUGH THE 6
202202 LOAN THAT MAY BE REQ UIRED BY THE ADMINISTRATION TO ADM INISTER THE 7
203203 PROGRAM. 8
204204
205205 (C) THE ADMINISTRATION MAY AP PROVE AN APPLICATION FOR A LOAN 9
206206 SPECIFIED IN § 9–2106(A)(1) OF THIS SUBTITLE ONL Y IF THE APPLICATION 10
207207 DEMONSTRATES THAT TH E PROPOSED QUALIFYIN G ENERGY SYSTEM IS E STIMATED, 11
208208 BASED ON PROJECTED E NERGY COSTS, TO GENERATE ENERGY C OST SAVINGS OVER 12
209209 THE USEFUL LIFE OF T HE SYSTEM THAT EQUAL OR EXCEED THE TOTAL AMORTIZED 13
210210 COST OF THE LOAN . 14
211211
212212 (D) IN APPROVING AN APPLI CATION, THE ADMINISTRATION SHALL 15
213213 CONSIDER AND GIVE PR IORITY TO AN APPLICA NT THAT HAS AN ANNUA L BUDGET OF 16
214214 $1,000,000 OR LESS. 17
215215
216216 9–2106. 18
217217
218218 (A) LOANS FROM THE FUND MAY BE USED FOR : 19
219219
220220 (1) THE PURCHASE AND INS TALLATION OF A QUALI FYING ENERGY 20
221221 SYSTEM, INCLUDING ANY NECESS ARY ANCILLARY MACHIN ERY, EQUIPMENT, OR 21
222222 FURNISHINGS; AND 22
223223
224224 (2) TECHNICAL ASSISTANCE FOR THE PLANNING AND INSTALLATION 23
225225 OF A QUALIFYING ENERGY SYST EM. 24
226226
227227 (B) EACH BORROWER FOR A L OAN UNDER SUBSECTION (A)(1) OF THIS 25
228228 SECTION SHALL CONTRI BUTE AT LEAST 10% OF THE COST OF THE Q UALIFYING 26
229229 ENERGY SYSTEM . 27
230230
231231 (C) (1) LOANS MADE UNDER THE PROGRAM SHALL BE REPA YABLE BY 28
232232 THE BORROWER IN ACCO RDANCE WITH A SCHEDULE SE T BY THE ADMINISTRATION . 29
233233
234234 (2) THE SCHEDULE SET BY T HE ADMINISTRATION MAY BE ON A 30
235235 DEFERRED PAYMENT BAS IS. 31
236236
237237 (D) (1) A BORROWER SHALL PROVI DE ASSURANCES FOR TH E 32 6 HOUSE BILL 145
238238
239239
240240 REPAYMENT OF A LOAN . 1
241241
242242 (2) THE ASSURANCES : 2
243243
244244 (I) SHALL INCLUDE A PROM ISSORY NOTE; AND 3
245245
246246 (II) MAY INCLUDE A PLAN F OR REPAYMENT . 4
247247
248248 (E) LOANS MAY BE MADE IN CONJUNCTION WITH OR IN ADDITION TO 5
249249 FINANCIAL ASSISTANCE PROVIDED THROUGH OTH ER STATE OR FEDERAL 6
250250 PROGRAMS. 7
251251
252252 9–2107. 8
253253
254254 (A) THERE IS A GREEN AND RENEWABLE ENERGY FOR NONPROFIT 9
255255 ORGANIZATIONS LOAN FUND. 10
256256
257257 (B) THE ADMINISTRATION SHALL ADMINISTER THE FUND. 11
258258
259259 (C) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 12
260260 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 13
261261
262262 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPAR ATELY, 14
263263 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 15
264264
265265 (D) THE FUND CONSISTS OF : 16
266266
267267 (1) MONEY APPROPRIATED I N THE STATE BUDGET TO THE PROGRAM; 17
268268
269269 (2) MONEY TRANSFERRED FR OM THE STRATEGIC ENERGY 18
270270 INVESTMENT FUND ESTABLISHED UNDE R § 9–20B–05 OF THIS TITLE; 19
271271
272272 (3) MONEY RECEIVED FROM ANY PUBLIC OR PRIVAT E SOURCE; 20
273273
274274 (4) INTEREST AND INVESTM ENT EARNINGS OF THE FUND; AND 21
275275
276276 (5) REPAYMENTS AND PREPA YMENTS ON LOANS MADE FROM THE 22
277277 FUND. 23
278278
279279 (E) (1) IN FISCAL YEAR 2027, THE GOVERNOR MAY INCLUDE IN THE 24
280280 ANNUAL BUDGET BI LL AN APPROPRIATION OF $5,000,000 FOR THE FUND. 25
281281
282282 (2) IN FISCAL YEAR 2028, THE GOVERNOR MAY INCLUDE IN THE 26
283283 ANNUAL BUDGET BILL A N APPROPRIATION EQUA L TO AT LEAST $5,000,000 MINUS 27
284284 THE AMOUNT IN THE FUND AS OF JUNE 30 OF THE IMMEDIATELY P RECEDING 28 HOUSE BILL 145 7
285285
286286
287287 FISCAL YEAR. 1
288288
289289 (F) THE FUND MAY BE USED ONLY : 2
290290
291291 (1) TO PAY THE EXPENSES OF THE PROGRAM; AND 3
292292
293293 (2) TO PROVIDE LOANS TO ELIGIBLE BORROWERS U NDER THE 4
294294 PROGRAM. 5
295295
296296 (G) (1) THE STATE TREASURER SHALL INVES T AND REINVEST THE 6
297297 MONEY OF THE FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE 7
298298 INVESTED. 8
299299
300300 (2) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE PAID IN TO 9
301301 THE FUND. 10
302302
303303 (3) ANY REPAYMENT ON LOAN S MADE FROM THE FUND SHALL BE 11
304304 PAID INTO THE FUND. 12
305305
306306 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before July 1, 2026, the 13
307307 Maryland Energy Administration shall: 14
308308
309309 (1) establish an application process for loans made under the Green and 15
310310 Renewable Energy for Nonprofit Organizations Loan Program in Title 9, Subtitle 21 of the 16
311311 State Government Article, as enacted by Section 1 of this Act; 17
312312
313313 (2) set guidelines and considerations for application, selection, and 18
314314 repayment that include: 19
315315
316316 (i) nonprofit organizations that own, rather than rent, their 20
317317 buildings; 21
318318
319319 (ii) property size and kilowatt–hours of energy used; 22
320320
321321 (iii) geographic diversity; 23
322322
323323 (iv) ethnic and racial diversity; 24
324324
325325 (v) economic diversity; 25
326326
327327 (vi) nonprofit organization mission diversity; 26
328328
329329 (vii) access to the borrower’s portion of the cost of the qualifying 27
330330 energy system; and 28
331331
332332 (viii) process and frequency of loan repayment; and 29 8 HOUSE BILL 145
333333
334334
335335
336336 (3) develop and implement an advertising campaign for the Green and 1
337337 Renewable Energy for Nonprofit Organizations Loan Program. 2
338338
339339 SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 3
340340 effect July 1, 2026. 4
341341
342342 SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 5
343343 3 of this Act, this Act shall take effect July 1, 2025. 6
344344