# Environment (GEN)

## Title 2. Ambient Air Quality Control

### Subtitle 13. Maryland Commission on Climate Change

#### Section 2-1301

(a) There is a Commission on Climate Change in the Department to advise the Governor and General Assembly on ways to mitigate the causes of, prepare for, and adapt to the consequences of climate change.

(b) The Department and the Department of Natural Resources shall jointly staff the Commission.

#### Section 2-1302

(a) The Commission's membership shall consist of the following members:

  (1) One member of the House of Delegates, appointed by the Speaker of the House;

  (2) One member of the Senate, appointed by the President of the Senate;

  (3) The Comptroller, or the Comptroller's designee;

  (4) The Secretary of the Environment, or the Secretary's designee;

  (5) The Secretary of Agriculture, or the Secretary's designee;

  (6) The Secretary of Natural Resources, or the Secretary's designee;

  (7) The Secretary of Planning, or the Secretary's designee;

  (8) The State Superintendent of Schools, or the State Superintendent's designee;

  (9) The Secretary of Transportation, or the Secretary's designee;

  (10) The Secretary of General Services, or the Secretary's designee;

  (11) The Secretary of Emergency Management, or the Secretary's designee;

  (12) The Director of the Maryland Energy Administration, or the Director's designee;

  (13) The People's Counsel, or the People's Counsel's designee;

  (14) The President of the University of Maryland Center for Environmental Science, or the President's designee;

  (15) The Chair of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, or the Chair's designee;

  (16) The Chair of the Public Service Commission, or the Chair's designee;

  (17) One member appointed by the Farm Bureau representing the agriculture community;

  (18) One member appointed by the Maryland Association of Counties and one member appointed by the Maryland Municipal League to represent local governments;

  (19) One member appointed by the President of the Senate and one member appointed by the Speaker of the House of Delegates to represent the business community;

  (20) One member appointed by the President of the Senate and one member appointed by the Speaker of the House of Delegates to represent environmental nonprofit organizations;

  (21) One member appointed by the President of the Senate and one member appointed by the Speaker of the House to represent organized labor, one of whom shall represent the building or construction trades and one of whom shall represent the manufacturing industry;

  (22) One member appointed by the President of the Senate and one member appointed by the Speaker of the House to represent philanthropic organizations;

  (23) One climate change expert appointed by the Governor representing a university located in Maryland; and

  (24) One public health expert appointed by the Governor representing a university located in Maryland.

(b) The Secretary of the Environment or the Secretary's designee shall chair the Commission.

(c)

  (1) Subject to paragraph (2) of this subsection, the term of  an appointed member  is 2 years.

  (2) The Governor, President of the Senate, and Speaker of the House of Delegates shall stagger the terms of the initial appointed members.

  (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (4) A member who is appointed after a term has begun serves only for the remainder of that term and until a successor is appointed and qualifies.

  (5) The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position.

(d) A member of the Commission may not receive compensation, but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

#### Section 2-1303

(a) The Commission shall establish:

  (1) A Scientific and Technical Working Group;

  (2) A Greenhouse Gas Mitigation Working Group;

  (3) An Adaptation and Response Working Group;

  (4) An Education, Communication, and Outreach Working Group;

  (5) Subject to Sec. 2-1303.1 of this subtitle, a Just Transition Employment and Retraining Working Group;

  (6) Subject to Sec. 2-1303.2 of this subtitle, an Energy Industry Revitalization Working Group;

  (7) Subject to Sec. 2-1303.3 of this subtitle, an Energy Resilience and Efficiency Working Group; and

  (8) Subject to Sec. 2-1303.4 of this subtitle, a Solar Photovoltaic Systems Recovery, Reuse, and Recycling Working Group.

(b) The Commission may establish other working groups as needed.

(c) The Chair of the Commission shall appoint working group members who represent both public and private interests in climate change, including representatives of:

  (1) Academic institutions;

  (2) Renewable and traditional energy providers;

  (3) Environmental organizations;

  (4) Government agencies;

  (5) Labor organizations; and

  (6) Business interests, including the insurance and real estate industries.

(d) The Commission shall prioritize working group actions, including:

  (1) Strengthening and maintaining existing State climate action plans;

  (2) Developing broad public and private partnerships with local, State, and federal agencies;

  (3) Communicating with and educating citizens about the urgency of acting to reduce the impacts of climate change;

  (4) Maintaining an inventory of Maryland's greenhouse gas emissions sources and carbon sinks;

  (5) Addressing any disproportionate impacts of climate change on low-income and vulnerable communities;

  (6) Assessing the impacts that climate change may have on the State's economy, revenues, and investment decisions;

  (7) Assessing the needs for utilities and other public and private service providers throughout the State to adjust their operating practices and investment strategies to mitigate the impacts of climate change on their customers and the public;

  (8) Assessing the impacts that climate change may have on agriculture in the State;

  (9) Recommending short- and long-term strategies and initiatives to better mitigate, prepare for, and adapt to the consequences of climate change;

  (10) Assisting local governments in supporting community-scale climate vulnerability assessments and the development and integration of specific strategies into local plans and ordinances;

  (11) Establishing comprehensive and accountable annual working group work plans that set annual goals and performance benchmarks and prioritize new and existing climate change mitigation and preparedness actions and initiatives;

  (12) Maintaining a comprehensive action plan, with 5-year benchmarks, to achieve science-based reductions in Maryland's greenhouse gas emissions;

  (13) Convening regular working group and full Commission meetings to ensure that sufficient progress is being made across all sectors and communities in Maryland; and

  (14) Considering other related matters as the Commission determines to be necessary.

#### Section 2-1303.1

(a) In this section, "Working Group" means the Just Transition Employment and Retraining Working Group of the Commission.

(b) The Commission shall establish a Just Transition Employment and Retraining Working Group.

(c) The Working Group shall include:

  (1) Two members of the Senate of Maryland, appointed by the President of the Senate;

  (2) Two members of the House of Delegates, appointed by the Speaker of the House;

  (3) The Secretary, or the Secretary's designee;

  (4) The Secretary of Labor, or the Secretary's designee;

  (5) The Secretary of Transportation, or the Secretary's designee;

  (6) One electrical worker, selected by the International Brotherhood of Electrical Workers;

  (7) One construction laborer, selected by the Baltimore Washington Laborers' District Council;

  (8) Two representatives of the building and construction trade industry, selected by the Baltimore-DC Metro Building and Construction Trades Council;

  (9) Four labor representatives, three selected by the Maryland State AFL-CIO and one selected by the Mid-Atlantic Pipe Trades Association;

  (10) One representative of the energy efficiency industry, selected by the Secretary;

  (11) Two representatives of environmental organizations, selected by the Governor;

  (12) One representative of the solar energy industry, selected by the Chesapeake Solar and Storage Association;

  (13) One representative of the wind energy industry, selected by the American Clean Power Association;

  (14) One representative of the geothermal energy industry selected by the Maryland Geothermal Association;

  (15) Two representatives of registered apprenticeship sponsors, one selected by the Maryland Chapters of the Associated Builders and Contractors and one selected by the Baltimore-DC Metro Building and Construction Trades Council;

  (16) One community college representative, selected by the Maryland Association of Community Colleges;

  (17) One representative who is a veteran, selected by the Maryland Military Coalition;

  (18) One representative who is a formerly incarcerated individual, selected by the Legal Action Center National H.I.R.E. Networks;

  (19) Two at-large representatives who are women in affected industries, selected by the Governor;

  (20) Two representatives selected by the Maryland State Chapter of the NAACP;

  (21) One heating oil or propane distributor in the State, selected by the Secretary;

  (22) One representative of municipal electric utilities, selected by the Public Service Commission; and

  (23) One representative of investor-owned utilities, selected by the Public Service Commission.

(d) The Secretary shall designate the chair of the Working Group.

(e) The Department shall provide staff for the Working Group.

(f) A member of the Working Group:

  (1) May not receive compensation as a member of the Working Group; but

  (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Working Group shall:

  (1) Advise the Commission on issues and opportunities for workforce development and training related to energy efficiency measures, renewable energy, and other clean energy technologies, with specific focus on training and workforce opportunities for:

    (i) Segments of the population that may be underrepresented in the clean energy workforce, such as veterans, women, and formerly incarcerated individuals; and

    (ii) Dislocated workers affected by the downsizing of fossil fuel industries;

  (2) Identify:

    (i) Energy-intensive industries and related trades;

    (ii) Sites of electric generating facilities that may be closed as a result of a transition to renewable energy sources;

    (iii) Sector-specific impacts of the State's greenhouse gas emissions reduction plan on the State's current workforce;

    (iv) Avenues to maximize the skills and expertise of Maryland workers in the new energy economy;

    (v) Challenges and opportunities related to minimizing adverse employment and financial impacts on displaced workers and their communities through environmental policies conditioned on the fair distribution of costs and benefits; and

    (vi) Resources necessary to protect workers from economic insecurity, including options for maintaining or supplementing retirement and health care benefits for dislocated workers affected by the downsizing of fossil fuel industries;

  (3) Advise the Commission on the potential impacts of carbon leakage risks on Maryland industries and local host communities, including the impact of any potential greenhouse gas emissions reduction measures on the competitiveness of Maryland businesses and industry; and

  (4) Conduct a study of:

    (i) The number of jobs created to counter climate impacts, including in the energy sector, building sector, transportation sector, and working lands sector;

    (ii) The projected inventory of jobs needed and skills and training required to meet future demand for jobs to counter climate impacts;

    (iii) Workforce disruption due to community changes caused by the transition to a low-carbon economy; and

    (iv) Strategies for targeting workforce development and job creation in fenceline communities that have historically borne the brunt of hosting carbon polluters.

(h) On or before December 31, 2023, the Working Group shall report to the Commission and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the findings of the study required under subsection (g)(4) of this section.

#### Section 2-1303.2

(a) In this section, "Working Group" means the Energy Industry Revitalization Working Group of the Commission.

(b) The Commission shall establish an Energy Industry Revitalization Working Group.

(c) The Working Group shall include:

  (1) One member of the Senate of Maryland, appointed by the President of the Senate;

  (2) One member of the House of Delegates, appointed by the Speaker of the House;

  (3) The Secretary, or the Secretary's designee;

  (4) The Secretary of Commerce, or the Secretary's designee;

  (5) One representative of the National Federation of Independent Business, selected by the State director of the National Federation of Independent Business;

  (6) One representative of the Maryland Chamber of Commerce, selected by the President and CEO of the Maryland Chamber of Commerce;

  (7) One representative of the Maryland Small Business Development Center, selected by the regional directors of the Maryland Small Business Development Center; and

  (8) Six representatives of the energy industry, including:

    (i) Two representatives selected by the Secretary;

    (ii) Two representatives selected by the Public Service Commission; and

    (iii) Two representatives selected by the Director of the Maryland Energy Administration.

(d) The Secretary shall designate the chair of the Working Group.

(e) The Department shall provide staff for the Working Group.

(f) A member of the Working Group:

  (1) May not receive compensation as a member of the Working Group; but

  (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Working Group shall:

  (1) Advise the Commission on issues and opportunities related to small business revitalization and the transition to renewable energy's effects on small businesses;

  (2) Conduct a study of the impacts of transitioning to renewable energy; and

  (3) Include in the study:

    (i) The number of small businesses impacted by the transition to renewable energy;

    (ii) The projected cost of transitioning existing small businesses to renewable energy;

    (iii) The economic impact of the transition to renewable energy and new energy sources, including supply chain impacts;

    (iv) An analysis that identifies energy generating facilities that may close as a result of a transition to renewable energy, including issues and opportunities related to repurposing the sites; and

    (v) An analysis that identifies or estimates, to the extent practicable:

      (1) The timing and location of facility closures and layoffs in nonrenewable energy industries;

      (2) The impact of facility closures and layoffs on affected workers, businesses, and communities; and

      (3) How the Commission can most effectively respond to the impact of facility closures and layoffs, including the potential to:

      (A) Compensate businesses that closed due to the effects of the transition to renewable energy; and

      (B) Incentivize businesses to transition to renewable energy through subsidies.

(h) On or before December 31, 2023, the Working Group shall report to the Commission and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the findings of the study required under subsection (g) of this section.

#### Section 2-1303.3

(a) In this section, "Working Group" means the Energy Resilience and Efficiency Working Group of the Commission.

(b) The Commission shall establish an Energy Resilience and Efficiency Working Group.

(c) The Working Group shall include:

  (1) One member of the Senate of Maryland, appointed by the President of the Senate;

  (2) One member of the House of Delegates, appointed by the Speaker of the House;

  (3) The Secretary, or the Secretary's designee;

  (4) The Director of the Maryland Energy Administration;

  (5) Three representatives of the nuclear energy industry, selected by the Director of the Maryland Energy Administration;

  (6) Three representatives of the energy transmission infrastructure industry, selected by the Public Service Commission; and

  (7) Three representatives of the energy storage and backup industry, selected by the Secretary.

(d) The Secretary shall designate the chair of the Working Group.

(e) The Department shall provide staff for the Working Group.

(f) A member of the Working Group:

  (1) May not receive compensation as a member of the Working Group; but

  (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Working Group shall:

  (1) Advise the Commission on issues and opportunities related to energy infrastructure improvements, transmission efficiency improvements, and battery backup viability; and

  (2) Conduct a study of:

    (i) Methods for the State to encourage electricity storage technology research;

    (ii) Methods of increasing the security of the electricity grid by supporting distributed renewable energy projects and energy storage with the potential to supply electric energy to critical facilities during a widespread power outage;

    (iii) Potential electric grid distribution transformation projects;

    (iv) The potential to develop clean energy resources on previously developed project sites; and

    (v) The lifespan and viability of energy facilities in the State that do not emit greenhouse gas, including:

      (1) Solar energy generating facilities;

      (2) Nuclear energy generating facilities;

      (3) Wind energy generating facilities;

      (4) Geothermal energy generating facilities;

      (5) Hydroelectric energy generating facilities; and

      (6) Biofuel energy generating facilities.

(h) On or before December 31, 2023, the Working Group shall report to the Commission and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the findings of the study required under subsection (g)(2) of this section.

#### Section 2-1303.4

(a) In this section, "Working Group" means the Solar Photovoltaic Systems Recovery, Reuse, and Recycling Working Group of the Commission.

(b) The Commission shall establish a Solar Photovoltaic Systems Recovery, Reuse, and Recycling Working Group.

(c) The Working Group shall include:

  (1) One member of the Senate of Maryland, appointed by the President of the Senate;

  (2) One member of the House of Delegates, appointed by the Speaker of the House;

  (3) The Secretary, or the Secretary's designee;

  (4) The Director of the Maryland Energy Administration, or the Director's designee;

  (5) The Secretary of Natural Resources, or the Secretary's designee;

  (6) One representative of the Public Service Commission, selected by the Chair of the Commission;

  (7) One representative of the Chesapeake Climate Action Network, selected by the Chesapeake Climate Action Network;

  (8) The following members, appointed by the Governor:

    (i) One representative of an investor-owned electric company with customers in the State;

    (ii) One representative of the utility-scale solar industry;

    (iii) One representative of the community solar energy industry;

    (iv) One representative of the distributed generation solar industry;

    (v) One representative with expertise in solar photovoltaic systems recovery, reuse, and recycling; and

    (vi) One individual with expertise in decommissioning energy-related projects; and

  (9) Any other individual identified by the Commission.

(d) The Secretary shall designate the chair of the Working Group.

(e) The Department shall provide staff for the Working Group.

(f) A member of the Working Group:

  (1) May not receive compensation as a member of the Working Group; but

  (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Working Group shall:

  (1) Review solar photovoltaic systems currently used in the State, including:

    (i) Examining the expected economically productive life cycle of the systems;

    (ii) Reviewing the materials that are used, have been used, or may be used in solar photovoltaic systems sold in the State, including identifying materials that can be recycled or that exhibit any characteristics of hazardous waste under State or federal law; and

    (iii) Identifying the number of solar photovoltaic systems in use and estimating the potential impacts on the State's landfill capacity of disposing the systems in the State's landfills;

  (2) Review other programs on solar photovoltaic systems recycling, disposal, and decommissioning;

  (3) Identify ongoing and recent studies related to solar photovoltaic systems recycling, life-cycle analysis, and end-of-life programs;

  (4) Review industry-approved best practices for managing end-of-life solar photovoltaic systems and their components, including the extent to which the systems and components may be:

    (i) If not damaged or in need of repair, reused for a similar purpose;

    (ii) If not substantially damaged, refurbished and reused for a similar purpose;

    (iii) Recycled and the components recovered for reuse;

    (iv) For components that do not exhibit any characteristics of hazardous waste under State or federal law, safely disposed of in a construction and demolition or municipal solid waste landfill; and

    (v) For components that exhibit any characteristics of hazardous waste under State or federal law, safely disposed of in accordance with State and federal requirements;

  (5) Perform an economic analysis to determine the potential impact of solar photovoltaic systems recovery, reuse, and recycling on ratepayers, including a comparison to the economic impact on ratepayers of decommissioning, storing waste, and other costs associated with the end of life of other forms of energy generation;

  (6) Perform an impact assessment to examine the environmental impacts of various solar photovoltaic systems' end-of-life scenarios, including the scenarios specified under item (4) of this subsection, compared to the life-cycle environmental impacts of nonsolar energy generation sources in the State, including the environmental impacts of decommissioning, disposal, and long-term waste storage;

  (7) Perform an impact assessment to examine the environmental and economic benefits of generating energy from solar photovoltaic systems, including a comparison to the environmental and economic benefits of nonsolar energy generation sources in the State;

  (8) Examine and recommend infrastructure needed to develop a practical, effective, and cost-efficient method for collecting and transporting end-of-life solar photovoltaic modules for reuse, refurbishment, recycling, or disposal;

  (9) Analyze whether financing mechanisms, including advance recovery fees, recycling and disposal fees, and product stewardship programs, are necessary to ensure proper end-of-life management of solar photovoltaic systems; and

  (10) Recommend financing mechanisms analyzed under item (9) of this subsection that best support a circular economy approach.

(h) On or before December 31, 2023, the Working Group shall report its findings and recommendations to the Commission and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly.

#### Section 2-1304

(a) On or before December 15 of each year, the Commission shall report to the Governor and General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on the status of the State's efforts to mitigate the causes of, prepare for, and adapt to the consequences of climate change, including future plans and recommendations for legislation, if any, to be considered by the General Assembly.

(b) The report due on or before December 15, 2023, and each subsequent report shall include an analysis, prepared by the Department, of:

  (1) The total amount of State money spent on measures to reduce greenhouse gases and, to the extent practicable, co-pollutants, during the immediately preceding fiscal year; and

  (2) The percentage of that funding that benefited disproportionately affected communities identified according to the methodology adopted by the Department under Sec. 1-702 of this article.

#### Section 2-1305

(a)

  (1) Each State agency shall review its planning, regulatory, and fiscal programs to identify and recommend actions to more fully integrate the consideration of Maryland's greenhouse gas reduction goal and the impacts of climate change.

  (2) The review shall include the consideration of:

    (i) Sea level rise;

    (ii) Storm surges and flooding;

    (iii) Increased precipitation and temperature; and

    (iv) Extreme weather events.

(b) Each State agency shall identify and recommend specific policy, planning, regulatory, and fiscal changes to existing programs that do not currently support the State's greenhouse gas reduction efforts or address climate change.

(c)

  (1) The following State agencies shall report annually on the status of programs that support the State's greenhouse gas reduction efforts or address climate change, in accordance with Sec. 2-1257 of the State Government Article, to the Commission and the Governor:

    (i) The Department;

    (ii) The Department of Agriculture;

    (iii) The Department of General Services;

    (iv) The Department of Housing and Community Development;

    (v) The Department of Natural Resources;

    (vi) The Department of Planning;

    (vii) The Department of Transportation;

    (viii) The Maryland Energy Administration;

    (ix) The Maryland Insurance Administration;

    (x) The Public Service Commission; and

    (xi) The University of Maryland Center for Environmental Science.

  (2) The report required in paragraph (1) of this subsection shall include:

    (i) Program descriptions and objectives;

    (ii) Implementation milestones, whether or not they have been met;

    (iii) Enhancement opportunities;

    (iv) Funding;

    (v) Challenges;

    (vi) Estimated greenhouse gas emissions reductions, by program, for the prior calendar year; and

    (vii) Any other information that the agency considers relevant.

(d) Each State agency, when conducting long-term planning, developing policy, and drafting regulations, shall take into  consideration:

  (1) The likely climate impact of the agency's decisions relative to Maryland's greenhouse gas emissions reduction goals; and

  (2) The likely impact of the agency's decisions on disproportionately affected communities identified according to the methodology adopted by the Department under Sec. 1-702 of this article.

#### Section 2-1306

(a) The University of Maryland Center for Environmental Science shall establish science-based sea level rise projections for Maryland's coastal areas and update them at least every 5 years.

(b) The science-based sea level rise projections shall include maps that indicate the areas of the State that may be most affected by storm surges, flooding, and extreme weather events.

(c) The science-based sea level rise projections required under this section shall be made publicly available on the Internet.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)