EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. Italics indicate opposite chamber/conference committee amendments. *sb0294* SENATE BILL 294 P1, S2 (5lr2179) ENROLLED BILL — Education, Energy, and the Environment/Health and Government Operations — Introduced by Senator Feldman Senators Feldman, Attar, Brooks, Hester, Kagan, Simonaire, and Watson Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at ________________________ o’clock, ________M. ______________________________________________ President. CHAPTER ______ AN ACT concerning 1 Maryland Cybersecurity Council – Membership – Alterations 2 FOR the purpose of altering the selection of the membership and chair of the Maryland 3 Cybersecurity Council; requiring the Council, working with certain entities, to assess 4 and address cybersecurity threats and associated risks from artificial intelligence 5 and quantum computing; and generally relating to the Maryland Cybersecurity 6 Council membership. 7 BY repealing and reenacting, without amendments, 8 Article – State Government 9 Section 9–2901(b) 10 Annotated Code of Maryland 11 (2021 Replacement Volume and 2024 Supplement) 12 2 SENATE BILL 294 BY repealing and reenacting, with amendments, 1 Article – State Government 2 Section 9–2901(c) and, (f), and (j) 3 Annotated Code of Maryland 4 (2021 Replacement Volume and 2024 Supplement) 5 BY repealing 6 Article – State Government 7 Section 9–2901(g) 8 Annotated Code of Maryland 9 (2021 Replacement Volume and 2024 Supplement) 10 BY adding to 11 Article – State Government 12 Section 9–2901(g) 13 Annotated Code of Maryland 14 (2021 Replacement Volume and 2024 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: 17 Article – State Government 18 9–2901. 19 (b) There is a Maryland Cybersecurity Council. 20 (c) The Council consists of the following members: 21 (1) the Attorney General, or the Attorney General’s designee; 22 (2) the Secretary of Information Technology, or the Secretary’s designee; 23 (3) the Secretary of State Police, or the Secretary’s designee; 24 (4) the Secretary of Commerce, or the Secretary’s designee; 25 (5) the Adjutant General, or the Adjutant General’s designee; 26 (6) the State Administrator of Elections, or the State Administrator’s 27 designee; 28 (7) the Executive Director of the Governor’s Office of Homeland Security, 29 or the Executive Director’s designee; 30 (8) the Director of the Maryland Coordination and Analysis Center, or the 31 Director’s designee; 32 SENATE BILL 294 3 (9) the Secretary of Emergency Management, or the Secretary’s designee; 1 (10) THE PEOPLE’S COUNSEL, OR THE DESIGNEE OF THE PEOPLE’S 2 COUNSEL; 3 (11) the Chief Executive Officer of the Maryland Technology Development 4 Corporation, or the Chief Executive Officer’s designee; 5 (11) (12) the Chair of the Tech Council of Maryland, or the Chair’s 6 designee; 7 (12) (13) the President of the Fort Meade Alliance, or the President’s 8 designee; 9 (13) (14) the President of the Army Alliance, or the President’s designee; 10 and 11 (14) (15) the following members appointed by the [Attorney General] 12 GOVERNOR: 13 (i) five FOUR representatives of cybersecurity companies located in 14 the State, with at least three representing cybersecurity companies with 50 or fewer 15 employees, DESIGNATED BY THE CYBERSECURITY ASSOCIATION OF MARYLAND; 16 (ii) four representatives from statewide or regional business 17 associations; 18 (16) THE CHIEF EXECUTIVE OFFICER OF THE MARYLAND CHAMBER 19 OF COMMERCE, OR THE CHIEF EXECUTIVE OFFICER’S DESIGNEE; 20 (17) THE EXECUTIVE DIRECTOR OF THE CYBERSECURITY 21 ASSOCIATION OF MARYLAND, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 22 (iii) up to ten 23 (18) EIGHT NINE representatives from institutions of higher education 24 located in the State WITH EXPERTISE IN CY BERSECURITY , WITH AT LEAST FOUR 25 REPRESENTATIVES WITH EXPERTISE IN ARTIFIC IAL INTELLIGENCE AND QUANTUM 26 COMPUTING , INCLUDING: 27 (I) THE PRESIDENT, OR THE PRESIDENT’S DESIGNEE, OF: 28 1. BOWIE STATE UNIVERSITY; 29 4 SENATE BILL 294 2. JOHNS HOPKINS UNIVERSITY; 1 3. MORGAN STATE UNIVERSITY; 2 4. THE UNIVERSITY OF MARYLAND, BALTIMORE 3 CAMPUS; 4 5. THE UNIVERSITY OF MARYLAND, BALTIMORE 5 COUNTY; AND 6 6. THE UNIVERSITY OF MARYLAND, COLLEGE PARK 7 CAMPUS; AND 8 (II) THE DEAN OF THE UNIVERSITY OF MARYLAND GLOBAL 9 CAMPUS SCHOOL OF CYBERSECURITY AND INFORMATION TECHNOLOGY , OR THE 10 DEAN’S DESIGNEE; AND 11 (II) TWO ADDITIONAL REPRESENTATIVES DESI GNATED BY THE 12 UNIVERSITY SYSTEM OF MARYLAND, WITH DUE CONSIDERATI ON OF GEOGRAPHIC 13 DIVERSITY; 14 (III) TWO ADDITIONAL REPRE SENTATIVES DESIGNATE D BY THE 15 CHANCELLOR OF THE UNIVERSITY SYSTEM OF MARYLAND; 16 (iv) one representative of a crime victims organization; 17 (v) four representatives from industries that may be susceptible to 18 attacks on cybersecurity, including at least one representative of a bank, whether or not 19 State–chartered, that has a branch in the State; 20 (vi) two representatives of organizations that have expertise in 21 electronic health care records; and 22 (19) THE DIRECTOR OF CASH CAMPAIGN OF MARYLAND, OR THE 23 DIRECTOR’S DESIGNEE; 24 (20) THE EXECUTIVE DIRECTOR OF ECONOMIC ACTION MARYLAND, 25 OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 26 (21) ONE BANK CHIEF INFOR MATION SECURITY OFFI CER, DESIGNATED 27 BY THE MARYLAND BANKERS ASSOCIATION; 28 (22) ONE HOSPITAL CHIEF I NFORMATION SECURITY OFFICER, 29 DESIGNATED BY THE MARYLAND HOSPITAL ASSOCIATION; 30 SENATE BILL 294 5 (23) ONE WATER SYSTEMS CH IEF INFORMATION SECURITY OFF ICER 1 WHO WORKS FOR A WATE R SYSTEM LOCATED IN THE STATE, DESIGNATED BY THE 2 NATIONAL ASSOCIATION OF WATER COMPANIES; 3 (24) ONE ELECTRIC COMPANY CHIEF INFORMATION SE CURITY 4 OFFICER WHO WORKS IN THE STATE FOR AN ELECTRIC COMPANY SERVING 5 CUSTOMERS IN THE STATE, DESIGNATED BY THE EDISON ELECTRIC INSTITUTE; 6 (25) THE EXECUTIVE DIRECTOR OF THE ELECTRONIC PRIVACY 7 INFORMATION CENTER, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 8 (26) THE EXECUTIVE DIRECTOR OF THE CENTER FOR DEMOCRACY 9 AND TECHNOLOGY , OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 10 (27) THE CHIEF EXECUTIVE OFFICER OF THE TECHNOLOGY 11 ADVANCEMENT CENTER, OR THE CHIEF EXECUTIVE OFFICER’S DESIGNEE; 12 (28) THE DIRECTOR OF THE CENTER FOR GOVERNANCE OF 13 TECHNOLOGY AND SYSTEMS, OR THE DIRECTOR’S DESIGNEE; AND 14 (vii) (29) any other stakeholder that the [Attorney General] 15 GOVERNOR CHAIR determines appropriate. 16 (f) The [Attorney General] GOVERNOR CHAIR also shall invite, as appropriate, 17 the following representatives of federal agencies to serve on the Council: 18 (1) the Director of the National Security Agency, or the Director’s designee; 19 (2) the Secretary of Homeland Security, or the Secretary’s designee; 20 (3) the Director of the Defense Information Systems Agency, or the 21 Director’s designee; 22 (4) THE DIRECTOR OF THE NATIONAL INSTITUTE FOR SCIENCE AND 23 TECHNOLOGY , OR THE DIRECTOR’S DESIGNEE; 24 (5) the Director of the Intelligence Advanced Research Projects Activity, or 25 the Director’s designee; and 26 (5) (6) any other federal agency that the Attorney General CHAIR 27 determines appropriate. 28 [(g) The Attorney General, or the Attorney General’s designee, shall chair the 29 Council.] 30 6 SENATE BILL 294 (G) (1) BEGINNING SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 1 BEGINNING OCTOBER 1, 2025, AND EVERY 2 YEARS THEREAFTER , THE COUNCIL 2 SHALL ELECT A CHAIR AND VICE CHAIR FROM AMONG THE MEMBE RS OF THE 3 COUNCIL. 4 (2) ONE SHALL BE A STATE EMPLOYEE AND ON E SHALL BE A 5 NON–STATE EMPLOYEE . 6 (j) The Council shall work with the National Institute of Standards and 7 Technology and other federal agencies, private sector businesses, NONPROFITS, and 8 private cybersecurity experts to ASSESS AND ADDRESS C YBERSECURITY THREATS AND 9 ASSOCIATED RISKS FRO M ARTIFICIAL INTELLI GENCE AND QUANTUM CO MPUTING 10 TO: 11 (1) for critical infrastructure [not covered by federal law or the Executive 12 Order], review and conduct risk assessments to determine which local infrastructure 13 sectors are at the greatest risk of cyber attacks and need the most enhanced cybersecurity 14 measures; 15 (2) use federal guidance to identify categories of critical infrastructure as 16 critical cyber infrastructure if cyber damage or unauthorized cyber access to the 17 infrastructure could reasonably result in catastrophic consequences, including: 18 (i) interruption in the provision of energy, water, transportation, 19 emergency services, food, or other life–sustaining services sufficient to cause a mass 20 casualty event or mass evacuations; 21 (ii) catastrophic economic damage; or 22 (iii) severe degradation of State or national security; 23 (3) assist infrastructure entities that are not covered by the Executive 24 Order in complying with federal cybersecurity guidance; 25 (4) assist private sector cybersecurity businesses in adopting, adapting, 26 and implementing the National Institute of Standards and Technology cybersecurity 27 framework of standards and practices; 28 (5) examine inconsistencies between State and federal laws regarding 29 cybersecurity; 30 (6) recommend a comprehensive State strategic plan to ensure a 31 coordinated and adaptable response to and recovery from cybersecurity attacks; [and] 32 SENATE BILL 294 7 (7) ADDRESS SENSITIVE PR IVACY INTERESTS OF STATE RESIDENTS 1 RELATED TO CYBERSECU RITY AND ASSOCIATED RISKS ; 2 (8) ADDRESS EMERGING THR EATS POSED BY ARTIFI CIAL 3 INTELLIGENCE , INCLUDING: 4 (I) ADVERSARIAL ARTIFICI AL INTELLIGENCE ; 5 (II) CYBER ATTACKS ; 6 (III) DEEPFAKE TECHNOLOGIE S; 7 (IV) UNETHICAL USE ; AND 8 (V) FRAUD; AND 9 [(7)] (9) recommend any legislative changes considered necessary by the 10 Council to address cybersecurity issues. 11 SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 12 Assembly that the Maryland Cybersecurity Council reviews and adjusts its subcommittee 13 structure, if necessary, and implements appropriate bylaws of operation consistent with 14 State law by December 1, 2025. 15 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 October 1, 2025. 17 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.