EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0340*
HOUSE BILL 340
M5, M3, E4 5lr1180
HB 347/23 – HGO
By: Delegates Ruth, Terrasa, Allen, Boafo, Charkoudian, Embry, Feldmark, Foley,
Forbes, Guzzone, Lehman, McCaskill, Palakovich Carr, Pasteur, Smith,
Stewart, and Wu
Introduced and read first time: January 13, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Climate Change – Attorney General Actions, Climate Change Restitution Fund, 2
and Climate Change Restitution Fund Advisory Council 3
FOR the purpose of authorizing the Attorney General to investigate, commence, and 4
prosecute or defend any suit or action that holds certain entities accountable for 5
tortious or otherwise unlawful conduct that has contributed to climate change; 6
authorizing the Attorney General to hire outside counsel on a contingency fee basis 7
to assist with an action under this Act if the Attorney General makes a certain 8
determination; establishing the Climate Change Restitution Fund as a special, 9
nonlapsing fund; requiring interest earnings of the Fund to be credited to the Fund; 10
establishing the Climate Change Restitution Fund Advisory Council to provide 11
information to the Governor, the Attorney General, and the General Assembly on 12
climate change and the distribution of the Fund; and generally relating to climate 13
change. 14
BY adding to 15
Article – Environment 16
Section 1–307 17
Annotated Code of Maryland 18
(2013 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – Public Safety 21
Section 14–1401 through 14–1403 to be under the new subtitle “Subtitle 14. Climate 22
Change Restitution Fund and Advisory Council” 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2024 Supplement) 25
BY repealing and reenacting, without amendments, 26 2 HOUSE BILL 340
Article – State Finance and Procurement 1
Section 6–226(a)(2)(i) 2
Annotated Code of Maryland 3
(2021 Replacement Volume and 2024 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – State Finance and Procurement 6
Section 6–226(a)(2)(ii)204. and 205. 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2024 Supplement) 9
BY adding to 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(ii)206. 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Environment 17
1–307. 18
(A) FOR THE PROTECTION OF THE HEALTH AND SAFET Y OF THE STATE’S 19
CITIZENS AND ENVIRONMENT , IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT 20
A PUBLICLY TRADED EN TITY THAT DERIVES AT LEAS T 50% OF ITS REVENUES FROM 21
COAL, OIL, OR GAS WITH A MARKET CAPITA LIZATION GREATER THA N $1,000,000,000 22
AND ITS SUBSIDIARIES BE HELD ACCOUNTABLE FOR ANY TORTIOUS OR OTHERWISE 23
UNLAWFUL CONDUCT ON THE PART OF THE ENTI TY OR SUBSIDIARY THA T HAS 24
CONTRIBUTED TO CLIMA TE CHANGE, INCLUDING ASSOCIATED ENVIRONMENTAL 25
AND OTHER HARMS CAUS ED, WHETHER THROUGH FRAU D, DECEPTION, OR ANY 26
OTHER MECHANISM , ACTION, INACTION, OR PRACTICE. 27
(B) THE ATTORNEY GENERAL MAY INVESTIGA TE, COMMENCE , AND 28
PROSECUTE OR DEFEND ANY CIVIL OR CRIMINA L SUIT OR ACTION THA T HOLDS 29
ACCOUNTABLE A PUBLIC LY TRADED ENTITY THAT DERIVES AT LEAS T 50% OF ITS 30
REVENUES FROM COAL , OIL, OR GAS WITH A MARKET CAPITA LIZATION GREATER 31
THAN $1,000,000,000 OR ITS SUBSIDIARIES FOR ANY TORTIOUS OR OTHERWISE 32
UNLAWFUL CONDUCT ON THE PART OF THE ENTI TY OR SUBSIDIARY THA T HAS 33
CONTRIBUTED TO CLIMA TE CHANGE THROUGH FR AUD, DECEPTION, OR ANY OTHER 34
MECHANISM , ACTION, INACTION, OR PRACTICE. 35
(C) THE ATTORNEY GENERAL MAY HIRE OUTS IDE COUNSEL ON A 36
CONTINGENCY FEE BASI S TO ASSIST WITH AN ACTION UNDER THIS SE CTION IF THE 37 HOUSE BILL 340 3
ATTORNEY GENERAL DETERMINES TH AT HIRING OUTSIDE CO UNSEL ON SUCH A 1
BASIS IS IN THE BEST INTEREST OF THE STATE. 2
Article – Public Safety 3
SUBTITLE 14. CLIMATE CHANGE RESTITUTION FUND AND ADVISORY COUNCIL. 4
14–1401. 5
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7
(B) “COUNCIL” MEANS THE CLIMATE CHANGE RESTITUTION FUND 8
ADVISORY COUNCIL. 9
(C) “FUND” MEANS THE CLIMATE CHANGE RESTITUTION FUND. 10
(D) “SALTWATER INTRUSION ” HAS THE MEANING STAT ED IN § 3–1001 OF 11
THE NATURAL RESOURCES ARTICLE. 12
(E) “VECTORBORNE PATHOGEN ” MEANS A GERM OR PARASITE T HAT IS 13
SPREAD TO HUMANS AND OTHER ANIMALS BY A VECTOR, SUCH AS A MOSQUITO , 14
TICK, OR FLEA. 15
(F) “WATERBORNE PATHOGEN ” MEANS A MICROORGANIS M, SUCH AS 16
BACTERIA, A VIRUS, A PARASITE, OR AN AMOEBA , THAT CAN CAUSE ILLNE SS IN 17
HUMANS AND ANIMALS IF EXPOSED TO WATER CONTAMINATE D BY THE 18
MICROORGANISM . 19
14–1402. 20
(A) THERE IS A CLIMATE CHANGE RESTITUTION FUND. 21
(B) THE PURPOSE OF THE FUND IS TO PAY FOR PROGRAMS THA T PREVENT, 22
MITIGATE, OR REPAIR HARMS CAUS ED BY CLIMATE CHANGE . 23
(C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 24
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 25
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 27
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 28
4 HOUSE BILL 340
(E) THE FUND CONSISTS OF : 1
(1) ALL REVENUES RECEIVED BY THE STATE RESULTING DIRECTLY 2
OR INDIRECTLY FROM ANY JUDGMENT AGAINST OR SETTLEMENT WITH A N ENTITY 3
IN AN ACTION BROUGHT UNDER § 1–307 OF THE ENVIRONMENT ARTICLE; 4
(2) INTEREST EARNINGS OF THE FUND; AND 5
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 6
THE BENEFIT OF THE FUND. 7
(F) THE FUND MAY BE USED ONLY TO: 8
(1) PAY FOR PROGRAMS THAT PREVENT, MITIGATE, OR REPAIR 9
HARMS CAUSED BY CLIM ATE CHANGE, INCLUDING PROGRAMS ADDRESSING : 10
(I) AIR POLLUTION; 11
(II) DANGEROUSLY HIGH TEMP ERATURES, SUCH AS URBAN 12
HEAT ISLANDS OR EXTE NDED HEAT WAVES; 13
(III) DROUGHT; 14
(IV) ECOSYSTEM CHANGES ; 15
(V) FLOODING; 16
(VI) SALTWATER INTRUSION ; 17
(VII) STORM DAMAGE ; 18
(VIII) VECTORBORNE PATHOGENS ; 19
(IX) WATERBORNE PATHOGENS ; AND 20
(X) WILDFIRES; AND 21
(2) PAY ADMINISTRATIVE E XPENSES RELATED TO : 22
(I) THE DISTRIBUTION OF FUNDS TO PROGRAMS UN DER ITEM 23
(1) OF THIS SUBSECTION ; AND 24
(II) THE COUNCIL. 25 HOUSE BILL 340 5
(G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 1
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 2
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 3
THE FUND. 4
(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 5
WITH THE STATE BUDGET . 6
(I) MONEY EXPENDED FROM T HE FUND FOR PROGRAMS THAT PREVENT , 7
MITIGATE, OR REPAIR HARMS CAUS ED BY CLIMATE CHANGE IS SUPPLEMENTAL TO 8
AND IS NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT OTHERWI SE WOULD 9
BE APPROPRIATED FOR THE PROGRAMS . 10
14–1403. 11
(A) THERE IS A CLIMATE CHANGE RESTITUTION FUND ADVISORY 12
COUNCIL IN THE DEPARTMENT . 13
(B) THE PURPOSE OF THE COUNCIL IS TO PROVIDE INFORMATION TO THE 14
GOVERNOR, THE ATTORNEY GENERAL, AND THE GENERAL ASSEMBLY ON CLIMATE 15
CHANGE AND THE DISTRIBUTION OF THE FUND. 16
(C) (1) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 17
(I) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 18
BY THE PRESIDENT OF THE SENATE; 19
(II) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 20
BY THE SPEAKER OF THE HOUSE; 21
(III) THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL’S 22
DESIGNEE; 23
(IV) THE CHIEF RESILIENCE OFFICER, OR THE CHIEF 24
RESILIENCE OFFICER’S DESIGNEE; 25
(V) THE SECRETARY OF AGRICULTURE , OR THE SECRETARY’S 26
DESIGNEE; 27
(VI) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S 28
DESIGNEE; 29 6 HOUSE BILL 340
(VII) THE SECRETARY OF THE ENVIRONMENT , OR THE 1
SECRETARY’S DESIGNEE; 2
(VIII) THE SECRETARY OF HEALTH, OR THE SECRETARY’S 3
DESIGNEE; 4
(IX) THE SECRETARY OF HOUSING AND COMMUNITY 5
DEVELOPMENT , OR THE SECRETARY’S DESIGNEE; 6
(X) THE SECRETARY OF NATURAL RESOURCES, OR THE 7
SECRETARY’S DESIGNEE; 8
(XI) THE SECRETARY OF TRANSPORTATION , OR THE 9
SECRETARY’S DESIGNEE; AND 10
(XII) A REPRESENTATIVE FROM EACH OF THE FOLLOWING 11
ENTITIES: 12
1. THE MARYLAND ASSOCIATION OF COUNTIES, 13
DESIGNATED BY THE MARYLAND ASSOCIATION OF COUNTIES; 14
2. THE MARYLAND CHAMBER OF COMMERCE, 15
DESIGNATED BY THE MARYLAND CHAMBER OF COMMERCE; 16
3. THE MARYLAND FARM BUREAU, DESIGNATED BY THE 17
MARYLAND FARM BUREAU; AND 18
4. THE MARYLAND MUNICIPAL LEAGUE, DESIGNATED 19
BY THE MARYLAND MUNICIPAL LEAGUE. 20
(2) TO THE EXTENT PRACTIC ABLE, THE MEMBERSHIP OF TH E 21
COUNCIL SHALL REFLECT THE GENDER , RACIAL, ETHNIC, AND GEOGRAPHIC 22
DIVERSITY OF THE STATE. 23
(D) (1) THE TERM OF A MEMBER IS 2 YEARS. 24
(2) AT THE END OF A TERM , A MEMBER CONTINUE S TO SERVE UNTIL 25
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 26
(3) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 27
ONLY FOR THE REMAINDER OF THA T TERM AND UNTIL A S UCCESSOR IS APPOINTE D 28
AND QUALIFIES. 29 HOUSE BILL 340 7
(4) A MEMBER MAY BE APPOIN TED TO MORE THAN TWO 1
CONSECUTIVE TERMS . 2
(E) THE CHIEF RESILIENCE OFFICER, OR THE CHIEF RESILIENCE 3
OFFICER’S DESIGNEE, SHALL SERVE AS CHAIR OF THE COUNCIL. 4
(F) THE OFFICE OF RESILIENCE IN THE DEPARTMENT SHALL PROV IDE 5
STAFF FOR THE COUNCIL. 6
(G) (1) THE COUNCIL SHALL: 7
(I) MEET AT THE CHAIR ’S REQUEST; AND 8
(II) PROVIDE A METHOD FOR PUBLIC COMMENT . 9
(2) A SIMPLE MAJORITY OF T HE MEMBERS THEN SERV ING ON THE 10
COUNCIL SHALL CONSTITUTE A QUORUM. 11
(3) A MAJORITY VOTE OF THE FULL COUNCIL IS NECESSARY TO 12
APPROVE ANY ACTION . 13
(4) THE COUNCIL MAY ADOPT PRO CEDURES NECESSARY TO 14
CONDUCT BUSINESS , INCLUDING THE CREATI ON OF COMMITTEES. 15
(H) A MEMBER OF THE COUNCIL: 16
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 17
COUNCIL; BUT 18
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 19
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 20
(I) (1) THE COUNCIL SHALL DEVELOP A REPORT IDENTIFYING : 21
(I) THE CONSEQUENCES OF C LIMATE CHANGE WITHIN 22
MARYLAND; 23
(II) THE GEOGRAPHIC AREAS AND ECONOMIC SECTORS WITHIN 24
THE STATE LIKELY TO BE IM PACTED BY CLIMATE CHANGE ; 25
(III) THE CONSEQUENCES OF C LIMATE CHANGE ON THE 26
GEOGRAPHIC AREAS AND ECONOMIC SECTORS IDENTIFIED IN ITEM (II) OF THIS 27 8 HOUSE BILL 340
PARAGRAPH ; 1
(IV) ANY OTHER DISRUPTIONS, DAMAGES, OR HARMS LIKELY TO 2
BE CAUSED BY CLIMATE CHANGE, INCLUDING: 3
1. ECONOMIC HARMS ; 4
2. ECOSYSTEM CHANGES ; 5
3. ENVIRONMENTAL HARMS ; 6
4. HEALTH–RELATED HARMS ; AND 7
5. INFRASTRUCTUR E HARMS; AND 8
(V) METHODS TO PREVENT , MITIGATE, OR REPAIR THE LIKELY 9
DISRUPTIONS, DAMAGES, OR HARMS CAUSED BY C LIMATE CHANGE . 10
(2) (I) THE REPORT SHALL BE : 11
1. COMPLETED : 12
A. WITHIN 6 MONTHS AFTER ANY LEG AL FILING UNDER § 13
1–307 OF THE ENVIRONMENT ARTICLE; OR 14
B. EARLIER THAN THE TIME SPECIFIED IN ITEM A OF 15
THIS ITEM IF REQUESTED BY THE ATTORNEY GENERAL; AND 16
2. UPDATED ANNUALLY IF T HERE ARE: 17
A. ACTIVE CASES THAT HAVE BEEN BROUG HT UNDER 18
§ 1–307 OF THE ENVIRONMENT ARTICLE; OR 19
B. UNALLOCATED FUNDS IN THE FUND. 20
(II) THE COUNCIL SHALL SUBMIT THE REPORT TO : 21
1. THE GOVERNOR, THE ATTORNEY GENERAL, AND, IN 22
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 23
ASSEMBLY; AND 24
2. THE DEPARTMENT FOR POSTING ON THE 25
DEPARTMENT ’S WEBSITE. 26 HOUSE BILL 340 9
(J) (1) BY NOVEMBER 1 OF ANY YEAR IN WHICH TH ERE ARE 1
UNALLOCATED FUNDS IN THE FUND, THE COUNCIL SHALL DEVELOP AN ADDITIONAL 2
REPORT RECOMMENDING : 3
(I) METHODS FOR THE DISTRIBUTION OF THE UNALLOCATED 4
FUNDS BASED ON THE G EOGRAPHIC AREAS AND ECONOMIC SECTORS IDE NTIFIED IN 5
THE REPORT DEVELOPED UNDER SUBSECTION (I) OF THIS SECTION , INCLUDING 6
DISTRIBUTIONS TO STATE AGENCIES AND LO CAL JURISDICTIONS ; AND 7
(II) UPDATES TO THE METHODS IDENTIFIED IN SUBSEC TION 8
(I)(1)(V) OF THIS SECTION. 9
(2) THE COUNCIL SHALL SUBMIT THE ADDITIONAL REPORT TO: 10
(I) THE GOVERNOR, THE ATTORNEY GENERAL, AND, IN 11
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL 12
ASSEMBLY; AND 13
(II) THE DEPARTMENT FOR POST ING ON THE DEPARTMENT ’S 14
WEBSITE. 15
Article – State Finance and Procurement 16
6–226. 17
(a) (2) (i) 1. This subparagraph does not apply in fiscal years 2024 18
through 2028. 19
2. Notwithstanding any other provision of law, and unless 20
inconsistent with a federal law, grant agreement, or other federal requirement or with the 21
terms of a gift or settlement agreement, net interest on all State money allocated by the 22
State Treasurer under this section to special funds or accounts, and otherwise entitled to 23
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 24
Fund of the State. 25
(ii) The provisions of subparagraph (i) of this paragraph do not apply 26
to the following funds: 27
204. the Victims of Domestic Violence Program Grant Fund; 28
[and] 29
205. the Proposed Programs Collaborative Grant Fund; AND 30
206. THE CLIMATE CHANGE RESTITUTION FUND. 31 10 HOUSE BILL 340
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1
1, 2025. 2