# Labor and Employment (GLE)

## Title 11. Division of Workforce Development and Adult Learning

### Subtitle 1. Division Established

#### Section 11-101

(a) In this title the following words have the meanings indicated.

(b) "Department" means the Maryland Department of Labor.

(c) "Secretary" means the Secretary of Labor.

#### Section 11-102

(a) There is a Division of Workforce Development and Adult Learning within the Maryland Department of Labor.

(b) The Division has the powers, duties, responsibilities, and functions provided in the laws of this State.

(c) The Division has the general purpose of advancing the economic welfare of the people by coordinating the State's public and private resources for adult learning, employment, and job training.

#### Section 11-103

(a) The Division shall:

  (1) promote apprenticeship and training programs;

  (2) administer job training, placement, and service programs;

  (3) implement the provisions of the federal Workforce Innovation and Opportunity Act;

  (4) administer adult education and literacy services programs;

  (5) conduct educational and job skills training programs in adult correctional facilities;

  (6) oversee any other units established pursuant to State or federal employment, training, or manpower statutes;

  (7) administer those programs assigned to the Division by law or designated by the Secretary;

  (8) administer any community service employment programs delegated to the State under Title V of the federal Older Americans Act of 1965; and

  (9) adopt regulations to carry out Subtitle 4 of this title.

(b) The Division shall meet and confer on a regular basis with representatives of the State's community colleges, appointed by the Maryland Association of Community Colleges, and the adult education community, appointed by the Maryland Association for Adult Continuing and Community Education, to assure that adult education and literacy services and job training activities and resources are effectively coordinated.

(c)

  (1) The Division shall partner with State departments and their exclusive representatives to identify opportunities to create registered apprenticeship programs to help address workforce shortages and the career workforce needs of those departments.

  (2) The Division and Department of Budget and Management shall develop position classifications, which would include incremental salary adjustments, for employees who are selected to participate in the registered apprenticeship programs created under paragraph (1) of this subsection.

(d) In accordance with the identification of apprenticeship programs under subsection (c) of this section, the Division shall identify opportunities to create registered apprenticeship programs, including goals for the number of apprenticeships registered each year, to help address the career workforce needs of the State.

(e) On or before June 30 each year, the Division shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, the following information for the immediately preceding calendar year:

  (1) a list of agencies that the Division partnered with to:

    (i) identify workforce shortages; and

    (ii) create registered apprenticeship programs;

  (2) the number and type of registered apprenticeship programs that exist for State positions; and

  (3) the progress in reaching the goals established under subsection (d) of this section.

#### Section 11-104

For the purpose of establishing compensation rates and basic rates for vacation and sick leave credit earnings, professional personnel who were employed by a county school system or the public library system in the State and who are subsequently appointed to positions in the Department to provide services in accordance with Subtitles 8 and 9 of this title shall be given credit as employees of the Department for their years of service as employees of the county school system or the public library system from which they transferred.

#### Section 11-105

(a) In this section, "Accountability and Implementation Board" means the Accountability and Implementation Board established under Sec. 5-402 of the Education Article.

(b) For fiscal years 2022 through 2031, the Division shall pursue federal grant money for apprenticeship programs to be used:

  (1) for grants to apprentice sponsors to create, expand, and improve registered apprenticeship programs; and

  (2) to cover the cost of the State apprenticeship tax credit under Sec. 10-742 of the Tax - General Article.

(c) On or before December 31, 2021, the Division shall present a 10-year plan to pursue federal grant money under subsection (b) of this section to the Governor's Workforce Development Board, the Accountability and Implementation Board, and, in accordance with Sec. 2-1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Committee on Ways and Means.

### Subtitle 2. Retraining of Dislocated Workers

#### Section 11-201

(a) The Department shall establish a program for the retraining and placement of hospital employees who are unemployed or who may become unemployed as a result of the closing and delicensing of a hospital or the merging of hospitals under Sec. 19-325 of the Health - General Article.

(b) The Secretary and the Secretary of Health shall adopt regulations to implement this section.

(c)

  (1) There is a Hospital Employees Retraining Fund.

  (2) The Fund shall be used:

    (i) for the purposes described in this section; and

    (ii) to pay any and all expenses of the Department in administering this section.

(d) If a closing and delicensing of a hospital, or the merging of hospitals described in subsection (a) of this section occurs, the Department shall allocate money from the Fund to the local workforce development board in the county or region affected.

(e) Any unexpended funds remaining in the Hospital Employees Retraining Fund at the end of the fiscal year may not revert to the General Fund of the State.

### Subtitle 3. Economic Stabilization Act

#### Section 11-301

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Employee" means an individual who works for an employer for an hourly or salaried wage or in a managerial and supervisory capacity.

  (2) "Employee" does not include individuals who work less than an average of 20 hours per week or have worked for an employer for less than 6 months in the immediately preceding 12 months.

(c)

  (1) "Employer" means any person, corporation, or other entity that employs at least 50 employees and operates an industrial, commercial, or business enterprise in the State.

  (2) "Employer" does not include the State or its political subdivisions or any employer who has been doing business in the State less than 1 year.

(d) "Permanent" means that an employer has not agreed in a written contract to restore operations within 3 months after the time that the reduction in operations occurs.

(e) "Reduction in operations" includes:

  (1) the relocation of a part of an employer's operation from an initial workplace to another existing or proposed site that may reduce the total number of employees at the initial workplace by at least 25% or 15 employees, whichever is greater; or

  (2) the shutting down of a workplace or a portion of the operations of a workplace that reduces the total number of employees by at least 25% or 15 employees, whichever is greater, over any 3-month period.

(f)

  (1) "Workplace" includes a factory, plant, office or other facility where employees produce goods or provide services.

  (2) "Workplace" does not include a construction site or other temporary workplace.

#### Section 11-302

(a) This subtitle does not apply to reductions in operations if the reduction:

  (1) results solely from labor disputes;

  (2) occurs in a commercial, industrial, or agricultural enterprise operated by this State or its political subdivisions;

  (3) occurs at construction sites or other temporary workplaces;

  (4) results from seasonal factors that are determined by the Department to be customary in the industry; or

  (5) results when an employer files for bankruptcy under federal bankruptcy laws.

(b) For the purposes of this subtitle, an employee may not be counted in the determination of a reduction in operations if the employee  accepts an offer to transfer to any other site of employment within 30 days after being offered the transfer.

#### Section 11-303

There shall be a quick response program to provide both employers and employees with services to assist in mitigating the impact on employees that occurs with a reduction in operations.

#### Section 11-304

(a) The State's quick response program is under the direction of the Secretary.

(b)

  (1) The Secretary in cooperation with the Workforce Development Board shall develop mandatory guidelines for employers faced with a reduction in operations.

  (2) The guidelines developed under paragraph (1) of this subsection shall include:

    (i) subject to Sec. 11-305 of this subtitle, a written notice that an employer expects to terminate employees due to a reduction in operations;

    (ii) the continuation of benefits, such as health, severance, and pension, that an employer should provide to employees who will be terminated due to a reduction in operations; or

    (iii) the specific mechanisms that employers can use to ask for the assistance of the State's quick response program.

(c)

  (1) The Department shall maintain the capacity to provide employment and training services through the quick response program.

  (2) This capacity shall include:

    (i) on-site unemployment insurance bulk claims registration: for incidents where 25 or more workers are laid off at 1 time, taking initial unemployment insurance claims at the employee's place of business;

    (ii) registration for federal Trade Readjustment Act services: if the business closing is due to foreign competition, assisting workers in seeking federal training benefits and additional unemployment insurance compensation benefits;

    (iii) provision of labor market and retraining information: in conjunction with local workforce development boards, providing both local labor market information and retraining information that can assist the workers to obtain reemployment or retraining;

    (iv) job placement services: through the regular office services or through special on-site services, providing a range of job placement services utilizing the "job bank";

    (v) job seeking and finding information: providing 1-day workshops to assist job seekers in learning how to seek and secure jobs; or

    (vi) referral to retraining opportunities: through local workforce development boards, liaisons with the private industry councils or service delivery areas, and the community college network, providing referrals for dislocated workers for retraining opportunities.

(d) To the extent funding is available, the Department shall provide funding to the local workforce development board in the affected county or region for direct deployment to serve workers affected by a reduction in operations.

(e)

  (1) The Department shall distribute the reduction in operations guidelines to all employers in the State every 2 years.

  (2) The distribution shall begin no later than July 1, 1986.

(f) The Department shall monitor layoff and employment patterns and payments of unemployment compensation contributions to identify employers that are likely to experience large losses in employment or a reduction in operations.

(g) If the Department identifies an employer that is likely to experience large losses in employment or a reduction in operations, the Department shall confidentially contact the employer and offer the assistance of the Department in providing alternative employment and retraining opportunities, including coordinating the delivery of available State and federal resources and services.

(h) The Secretary shall adopt regulations to implement the provisions of this subtitle.

#### Section 11-305

(a)

  (1) Except as provided in subsection (c) of this section, an employer shall provide written notice at least 60 days before initiating a reduction in operations to:

    (i) all employees at the workplace that are subject to the reduction in operations;

    (ii) each exclusive representative or bargaining agency that represents the employees at the workplace that are subject to the reduction in operations;

    (iii) individuals who work less than 20 hours on average each week or have worked for the employer for less than 6 months in the immediately preceding 12 months at the workplace that is subject to the reduction in operations;

    (iv) the Division's dislocated worker unit; and

    (v)

      (1) the chief elected official of the political subdivision where the workplace that is subject to the reduction in operations is located; or

      (2) if the workplace is located in more than one political subdivision, the chief elected official of the political subdivision to which the employer paid the most taxes for the fiscal year immediately preceding the year in which the reduction in operations occurs.

  (2) If the Division's dislocated worker unit receives notice under paragraph (1)(iv) of this subsection, the unit shall forward the notice to the local workforce development board in the political subdivision where the workplace that is subject to the reduction is located.

(b) The notice required under subsection (a) of this section shall include:

  (1) the name and address of the workplace where the reduction of operations is expected to occur;

  (2) the name, telephone number, and e-mail address of a company official to contact for further information;

  (3) a statement that explains whether the reduction in operations is expected to be permanent or temporary and if the workplace is expected to shut down; and

  (4) the expected date when the reduction in operations will begin.

(c)

  (1) Subject to paragraph (2) of this subsection, an employer is not required to provide written notice if:

    (i) the employer:

      (1) was actively seeking capital or business that would have enabled the employer to avoid or postpone the reduction in operations; and

      (2) believed that providing the written notice required would have precluded the employer from obtaining the necessary capital or business; or

    (ii) the reduction in operations occurs due to any form of natural disaster such as a flood, an earthquake, or a drought.

  (2) An employer that relies on this subsection shall provide notice as soon as practicable with a brief statement of the basis for not providing written notice at least 60 days before initiating a reduction in operations.

(d)

  (1) Subject to paragraph (2) of this subsection, for a reduction in operations that will result from a sale of part or all of an employer's business, the notice required under subsection (a) of this section shall be provided both by:

    (i) the seller on or before the effective date of sale; and

    (ii) the purchaser after the effective date of sale.

  (2) An individual who is an employee of the seller as of the effective date of sale shall be considered an employee of the purchaser immediately after the effective date of sale.

#### Section 11-306

(a) If the Secretary, or the Secretary's designee, determines that an employer has violated Sec. 11-305 of this subtitle, the Secretary, or the Secretary's designee:

  (1) shall issue an order compelling compliance; and

  (2) may, in the Secretary's, or the Secretary's designee's, discretion, assess a civil penalty of up to $10,000 per day for each day that an employer violated Sec. 11-305 of this subtitle.

(b) In determining the amount of the penalty, if assessed, the Secretary, or the Secretary's designee, shall consider:

  (1) the gravity of the violation;

  (2) the size of the employer's business;

  (3) the employer's good faith; and

  (4) the employer's history of violations under this subtitle.

(c) The assessment of a penalty under subsection (a)(2) of this section shall be subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.

### Subtitle 4. Planned Apprenticeship Standards and Activities

#### Section 11-401

The intent, purposes and objectives of this subtitle are to:

(1) encourage the development of an apprenticeship and training system through the voluntary cooperation of management, labor, and interested State agencies in cooperation with other states and the federal government;

(2) provide for the establishment and furtherance of standards of apprenticeship and training to safeguard the welfare of apprentices and trainees;

(3) contribute to a healthy economy by aiding in the development and maintenance of a skilled labor force sufficient in numbers and quality to meet the expanding needs of Maryland industry and to attract new industry;

(4) open to young people the opportunity to obtain training in skilled trades and other on-the-job occupations which will equip them for profitable employment and citizenship;

(5) establish an apprenticeship and training council and authorize the appointment of a Director;

(6) set up a program of planned apprenticeship under registered agreements, meeting standards established by the Office of Apprenticeship, U.S. Department of Labor; and

(7) promote employment opportunities for young people under conditions providing adequate training and reasonable earnings.

#### Section 11-402

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, Sec.Sec. 11-403 through 11-405 of this subtitle shall terminate on July 1, 2034.

#### Section 11-403

(a) The Division of Workforce Development and Adult Learning is the designated State Apprenticeship Agency under Title 29, C.F.R. Parts 29 and 30.

(b)

  (1) There is an Apprenticeship and Training Council as part of the Division of Workforce Development and Adult Learning. The Council consists of 12 members all of whom shall be appointed by the Governor of Maryland, with the advice of the Secretary and with the advice and consent of the Senate of Maryland.

  (2) Four of the members shall be representatives of employee organizations; one shall be an employee; five shall be representatives of employers; and two shall be appointed from the general public.

  (3)

    (i) The membership of the Council shall, to the extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include representation by individuals with disabilities and individuals who are Asian, Black, and Latino.

    (ii) Consultants to the Council shall, to the extent practicable, reflect the geographic, racial, ethnic, cultural, and gender diversity of the State and shall include representation by individuals with disabilities and individuals who are Asian, Black, and Latino.

  (4) In advising the Governor, the Secretary shall give consideration to a balanced geographic representation from all of Maryland and a representative sampling and mix of Maryland industry.

  (5) One member shall be appointed as Chairman by the Governor, with the advice of the Secretary, and serve as Chairman at the pleasure of the Governor. The Assistant State Superintendent, Career and Technology Education, and the Maryland State Director of the Office of Apprenticeship, U.S. Department of Labor, shall serve as consultants to the Council without vote.

  (6) The Governor, with the advice of the Secretary may appoint up to three additional consultants to the Council from the public at large.

(c) All appointments as members of the Council shall be for terms of 4 years.

(d)

  (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned if the member did not attend at least two-thirds of the Council meetings held during any consecutive 12-month period while the member was serving on the Council.

  (2) The Governor may waive a member's resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

  (3) In accordance with Sec. 8-501 of the State Government Article, the Chairman shall provide notice to the Governor and the Governor shall appoint a successor.

#### Section 11-404

The members of the Council shall receive per diem compensation as provided in the State budget for each day actually engaged in the discharge of their official duties as well as reimbursement for expenses in accordance with the Standard State Travel Regulations. The Director of Apprenticeship and Training shall act as secretary.

#### Section 11-405

(a) The Council shall:

  (1) advise the Division of Workforce Development and Adult Learning on the apprenticeability of occupations in the State of Maryland;

  (2) encourage the establishment of local apprenticeship committees where the committees are needed;

  (3) make recommendations regarding the formulation and adoption of standards of apprenticeship which safeguard the welfare of apprentices, being guided, but not controlled, by the standards of apprenticeship recommended by the federal committee on apprenticeship;

  (4) require a minimum ratio of one journeyworker regularly employed to one apprentice, consistent with proper supervision, training, and continuity of employment and applicable provisions in collective bargaining agreements;

  (5) at the time of or subsequent to registration, recommend a deviation from the minimum ratio requirement for all occupations that are defined by the Secretary as nonhazardous to workers and members of the public;

  (6) consider formal written deviation requests from all other occupations;

  (7) make recommendations regarding the formulation of policies for the overall apprenticeship program;

  (8) make recommendations regarding the registration of standards of apprenticeship of the groups or employers that elect to conform with the provisions of this subtitle;

  (9) make recommendations regarding the registration of apprenticeship agreements which conform to the standards of apprenticeship adopted by the Division of Workforce Development and Adult Learning;

  (10) recommend the issuance of certificates of completion of apprenticeship to apprentices who are registered with the Division of Workforce Development and Adult Learning when the Division determines that such apprentices have completed successfully their apprenticeship;

  (11) seek all information pertaining to apprenticeship training in the State;

  (12) prescribe its rules of procedure and duties of the Chairman, Director, and Secretary subject to the provisions of this law; and

  (13) perform other advisory functions as the Governor or the Secretary may direct or as may come within the scope of the Council.

(b)

  (1) No person, firm, or corporation may offer, establish, maintain, or operate an apprenticeship program for any occupation approved by the Division of Workforce Development and Adult Learning as an apprenticeable occupation for which tuition, charges, or fees are charged to or are payable by an enrollee or student, or which is financed in whole or in part by State funds, unless the program is first approved by the Division of Workforce Development and Adult Learning.

  (2)

    (i) The Division of Workforce Development and Adult Learning shall issue a certificate of approval to an applicant operating or proposing to operate the program if the Division of Workforce Development and Adult Learning is satisfied that the conditions of entrance, the qualifications of the administrators and instructors, the content of the program, the facilities, and the financial aspects of the program are adequate and appropriate for the purpose of the program.

    (ii) If the Division of Workforce Development and Adult Learning does not issue a certificate of approval to an applicant operating or proposing to operate a program, any person, firm, or corporation whose application is rejected has a right to judicial review under Title 10, Subtitle 2 of the State Government Article.

  (3)

    (i) The Division of Workforce Development and Adult Learning, after notice and hearing, may deregister a program or course if it finds that the program or course has ceased to meet the conditions of approval.

    (ii) Any person, association, committee, or organization that operates an apprenticeship program that is deregistered by the Division of Workforce Development and Adult Learning may request a hearing before the United States Department of Labor.

  (4) After consulting the Council, the Division of Workforce Development and Adult Learning, after notice and hearing, may adopt rules and regulations for the implementation of this section, including rules and regulations requiring the furnishing of periodic relevant information about approved and proposed programs and the operator or proposed operator of the approved or proposed programs.

  (5) Any person, firm, or corporation that knowingly offers, establishes, maintains, or operates a program in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 or be imprisoned for not more than one year, or both.

  (6) If recommended by the Council, the Division of Workforce Development and Adult Learning may apply to any court of competent jurisdiction for an injunction restraining violations of this section.

(c)

  (1) Except as provided in paragraph (2) of this subsection, the Division of Workforce Development and Adult Learning shall accord reciprocal approval to apprentices, apprenticeship programs, and standards that are registered in other states by the United States Department of Labor's Office of Apprenticeship or a registration agency, if reciprocity is requested by the apprenticeship program sponsor.

  (2) The Division of Workforce Development and Adult Learning may not accord reciprocal approval to a program sponsor that does not meet the wage and hour requirements and apprentice ratio standards of the reciprocal state.

(d)

  (1) On or before December 31 each year, the Division of Workforce Development and Adult Learning shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, the following information for the immediately preceding 5 calendar years:

    (i) the completion and enrollment rates of each apprenticeship program registered in the State;

    (ii) the age, race, sex or gender identity, county of residence, and program enrollment of each individual enrolled in a registered apprenticeship program;

    (iii) the number of:

      (1) qualified intermediaries registered in the Registered Apprenticeship Qualified Intermediary Program;

      (2) approved grants and procurements used by the Secretary under Sec. 11-410(c)(3) of this subtitle; and

      (3) newly registered apprentices and newly registered apprenticeship programs resulting from the Registered Apprenticeship Qualified Intermediary Program;

    (iv) the number and value of the incentives awarded under the Maryland Pay Per Apprentice Program;

    (v) worker outcomes for each registered apprenticeship program, including:

      (1) job placement;

      (2) post-apprenticeship wage rates; and

      (3) retention and advancement data; and

    (vi) any corrective action, including requiring reimbursement of incentives, for failure to meet the requirements of the Maryland Pay Per Apprentice Program established under Sec. 11-607 of this title.

  (2) The Division of Workforce Development and Adult Learning shall publish the report required under paragraph (1) of this subsection on the Division of Workforce Development and Adult Learning's Web site.

#### Section 11-406

(a) The Secretary shall appoint a Director of Apprenticeship and Training.

(b) The Director of Apprenticeship and Training shall:

  (1) have the responsibility of promoting apprenticeship; and

  (2) obtain the assistance of the Office of Apprenticeship, U.S. Department of Labor, and other federal and State agencies in promoting apprenticeships.

(c) The Director's duties shall include:

  (1) encouragement and promotion of the standards established in accordance with this subtitle and with the basic standards of the Office of Apprenticeship, U.S. Department of Labor;

  (2) bringing about the settlement of differences arising out of apprenticeship programs and agreements when the differences cannot be adjusted locally or in accordance with established trade procedure;

  (3) supervision of the execution of agreements and the maintenance of standards;

  (4) registration of apprenticeship programs and agreements;

  (5) keeping a record of apprenticeship agreements and programs, and upon performance thereunder issuing certificates of completion of apprenticeship;

  (6) encouragement of liaison and cooperation between all private, State, and federal agencies concerned with apprenticeship, trade, and industrial training;

  (7) promotion of public awareness of apprenticeship and other occupational training; and

  (8) keeping a record of the progress of apprenticeship and training programs initiated in accordance with the provisions of this subtitle and informing the Council and the Division of Workforce Development and Adult Learning periodically as to the results.

#### Section 11-407

All apprenticeship and training programs established under this subtitle shall conform to the Code of Federal Regulations, Title 29, Part 30, and any subsequent applicable provisions. In order to effectuate conformity with these provisions, a State plan shall be drafted which will indicate in detail evidence of consistency in the operation of the Maryland apprenticeship and training law with the Code of Federal Regulations, Title 29, Part 30.

#### Section 11-408

In order to ensure compliance with federal laws governing wages, hours, and working conditions, the Division of Workforce Development and Adult Learning will request recognition of its standards and activities by the Office of Apprenticeship, U.S. Department of Labor, and if necessary, make such adjustments in its standards and procedures as will ensure conformity.

#### Section 11-409

(a) In this section, "Office" means the Maryland Office of Registered Apprenticeship Development.

(b) There is a Maryland Office of Registered Apprenticeship Development within the Maryland Apprenticeship and Training Program of the Division of Workforce Development and Adult Learning.

(c) The purpose of the Office is to scale registered apprenticeships across industries and occupations to meet the needs of the State's economy.

(d) The Governor shall include in the annual budget bill an appropriation to the Maryland Apprenticeship and Training Program to cover administrative costs for the Office.

#### Section 11-410

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Director" means the Director of the Maryland Apprenticeship and Training Program.

  (3) "Program" means the Registered Apprenticeship Qualified Intermediary Program.

  (4) "Qualified intermediary" means an entity that demonstrates expertise in:

    (i) connecting sponsors, employers, or potential apprenticeship program participants with registered apprenticeship programs;

    (ii) convening stakeholders to develop registered apprenticeship programs; or

    (iii) other key functions as determined appropriate by the Department to successfully build and scale registered apprenticeship programs that achieve desired workforce outcomes.

(b) There is a Registered Apprenticeship Qualified Intermediary Program within the Maryland Apprenticeship and Training Program of the Division of Workforce Development and Adult Learning.

(c)

  (1) The Program shall:

    (i) report to the Director;

    (ii) increase awareness of registered apprenticeship programs through industry outreach;

    (iii) connect employers and labor organizations with workforce and education partners;

    (iv) provide technical assistance to launch and expand registered apprenticeship programs with a focus on nontraditional sectors; and

    (v) include a process for monitoring and evaluating the Program.

  (2) The Director shall, in consultation with the Secretary, the Governor's Workforce Development Board, the Registered Apprenticeship Development Advisory Board, and the Department of Commerce, develop the Program.

  (3) The Secretary may use grants or procurement, among other strategies, to advance and accomplish the goals of the Program.

#### Section 11-411

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Board" means the Registered Apprenticeship Development Advisory Board.

  (3) "Office" means the Office of Registered Apprenticeship Development established under Sec. 11-409 of this subtitle.

(b)

  (1) There is a Registered Apprenticeship Development Advisory Board in the Department.

  (2) The purpose of the Board is to advise the Office on the strategy to achieve its mission of expanding registered apprenticeship opportunities in the State.

(c) The Board shall consist of:

  (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) two members designated by the President of the Maryland State and DC AFL-CIO;

  (4) two members representing employers engaged in registered apprenticeships, appointed by the Governor; and

  (5) one member to serve as chair of the Board, appointed by the Governor.

(d) A member of the Board:

  (1) may not receive compensation as a member of the Board; but

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

(e)

  (1) The term of a member is 4 years.

  (2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2025.

  (3) A vacancy shall be filled for an unexpired term in the same manner as the original appointment.

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

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

(f) The Board shall:

  (1) consult with the Office regularly about developing strategy and reviewing outcomes for apprenticeships;

  (2) provide advice on programs operated by the Office; and

  (3) on or before December 1 each year, beginning in 2025, evaluate the Office and report the results of the evaluation to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article.

### Subtitle 5. Maryland Workforce Development Act

#### Section 11-501

This subtitle may be referred to as the "Maryland Workforce Development Act". 

#### Section 11-502

(a) It is State policy to coordinate all the resources available from federal, State and local governments, business, labor, and community based organizations to foster and promote a balanced, equitable, and cost-effective employment and training system. To effectuate this policy there shall be consultation between the Governor and the General Assembly in implementing the federal Workforce Innovation and Opportunity Act and this subtitle.

(b) It is the State's goal to assist its citizens in obtaining gainful employment and in reducing dependence on public assistance and unemployment insurance programs by:

  (1) preparing unskilled youth and adults who are economically disadvantaged for entry into the work force;

  (2) retraining those who have lost jobs or who must upgrade or replace their work skills or both; and

  (3) providing training and related services, including supportive services for low-income individuals, to increase the employability of those who encounter barriers to employment.

(c) It is also the State's goal to develop a well trained productive work force which meets the needs of a changing economy by:

  (1) developing and ensuring maximum utilization of timely statewide labor market information;

  (2) linking employment and training services with economic development efforts;

  (3) providing enhanced employment and training capabilities specially designed to meet the needs of business and industry, including industries that utilize advanced technology applications; and

  (4) encouraging and initiating innovative employment and training strategies.

#### Section 11-503

(a) In this subtitle the definitions set forth in Sec. 3 of the federal Act shall apply; definitions set forth below shall have the meanings indicated.

(b) "Dislocated worker" means an individual who:

  (1)

    (i) has been terminated or laid off or has received a notice of termination or layoff from employment;

    (ii)

      (1) is eligible for or has exhausted entitlement to unemployment compensation; or

      (2) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in Sec. 121(e) of the federal Act, attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under State unemployment compensation law; and

    (iii) is unlikely to return to a previous industry or occupation;

  (2) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise;

  (3) is employed at a facility at which the employer has made a general announcement that the facility will close within 180 days;

  (4) for purposes of eligibility to receive services other than training services described in Sec. 134(c)(3) of the federal Act, career services described in Sec. 134(c)(2)(A)(xii) of the federal Act, or supportive services, is employed at a facility at which the employer has made a general announcement that the facility will close;

  (5) was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters;

  (6) is the spouse of an active service member and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of the member; or

  (7) is the spouse of an active service member and who has been providing unpaid services to a family member in the home and is unemployed or underemployed and experiencing difficulty in obtaining or upgrading employment.

(c) "Federal Act" means the federal Workforce Innovation and Opportunity Act.

(d) "Governor's plan" means the State plan as provided in Sec. 102 of the federal Act.

(e) "Individual with a disability" means any individual with a disability, as defined in Sec. 3 of the Americans with Disabilities Act.

(f) "Local plan" means a plan submitted by a local workforce area under Sec. 108 of the federal Act, subject to Sec. 106(c)(3)(B) of the federal Act and any final plan or modification as provided in the federal Act.

(g) "Low-income individual" means an individual who:

  (1) receives, has received in the past 6 months, or is a member of a family that is receiving or has received in the past 6 months, assistance through:

    (i) the supplemental nutrition assistance program established under the federal Food and Nutrition Act;

    (ii) the program of block grants to states for temporary assistance for needy families program under Part A of Title IV of the federal Social Security Act;

    (iii) the supplemental security income program established under Title XVI of the federal Social Security Act; or

    (iv) State or local income-based public assistance;

  (2) is in a family with total family income that does not exceed or is an individual with a disability whose own income does not exceed the higher of:

    (i) the federal Office of Management and Budget poverty income guidelines; or

    (ii) the United States Department of Labor, Bureau of Labor Statistics, 70% lower living standard income level;

  (3) is a homeless individual, as defined in Sec. 41403(6) of the federal Violence Against Women Act;

  (4) is a homeless child or youth, as defined in Sec. 725(2) of the federal McKinney-Vento Homeless Assistance Act;

  (5) receives or is eligible to receive a free or reduced price lunch under the federal Richard B. Russell National School Lunch Act; or

  (6) is a foster child on behalf of whom State or local government payments are made.

(h) "Participant" means an individual who has been determined eligible to participate in and who is receiving services (except follow-up services authorized under this title) under a program authorized under this title.

(i) "Performance standards" means the basic measures of performance for training programs to be prescribed by the Secretary and such variations of the standards as the Governor may prescribe.

(j) "Secretary" means the United States Secretary of Labor.

(k) "State Workforce Development Board" means the Governor's Workforce Development Board, as provided in Sec. 101 of the federal Act.

(l) "Supportive services" means services such as transportation, child care, dependent care, housing, and needs-related payments that are necessary to enable an individual to participate in activities authorized under the federal Act.

(m) "Training provider" means an entity that provides training and employment services to individuals described in Sec. 11-504(b) of this subtitle.

(n) "Workforce development area" means a geographic area designated by the Governor in accordance with Sec. 106 of the federal Act.

#### Section 11-504

(a) A workforce development program is established to implement the federal Act.

(b)

  (1) This program shall provide employment, training, supportive and related services to eligible job seekers, as defined in the federal Act, including individuals with barriers to employment, such as those who are low income or low-skilled, to allow individuals to succeed in the labor market and to match employers with the skilled workers needed to compete in the global economy.

  (2)

    (i) Subject to subparagraph (iv) of this paragraph, the State Department of Transportation shall issue to training providers weekly transit passes, in the form of magnetic passes or loaded smart cards, for local bus, light rail, or metro subway service provided by the Maryland Transit Administration.

    (ii) The training providers shall provide the weekly transit passes issued under subparagraph (i) of this paragraph to individuals receiving employment and training services under the program established in accordance with subsection (a) of this section.

    (iii) A training provider shall reimburse the Department of Transportation for the cost of transit passes provided to the training provider under this paragraph.

    (iv) To be eligible to receive transit passes under this paragraph, a training provider shall include in its contract with the local workforce development board or local workforce development agency a provision requiring reimbursement of the training provider for its costs under subparagraph (iii) of this paragraph.

(c) The County Commissioners of Carroll County may appropriate funds necessary to enter into contracts with private or public enterprises for the training or retraining of workers of those enterprises.

#### Section 11-505

(a) The Governor's Workforce Development Board is established and shall have the membership as provided in Sec. 101 of the federal Act.

(b)

  (1) Subject to subsection (a) of this section, the members of the Governor's Workforce Development Board shall be appointed by the Governor for staggered terms set by the Governor by executive order.

  (2) To the extent practicable, the composition of the Governor's Workforce Development Board shall reflect the race, gender, and geographic diversity of the population of the State.

(c) The Governor's Workforce Development Board shall be funded consistent with Sec.Sec. 101 and 128 of the federal Act and shall have personnel and appropriations as are provided in the State budget.

(d) The Governor's Workforce Development Board shall perform the duties and functions identified in Sec. 101 of the federal Act and other functions designated by the Governor as necessary to improve the quality of the State's workforce.

(e) The Governor's Workforce Development Board may adopt any rule or regulations necessary to carry out its powers and duties.

(f) As soon after January 1 of each year as reasonably possible, the Governor's Workforce Development Board shall submit an annual report to the Governor and, subject to Sec. 2-1257 of the State Government Article, to the General Assembly.

(g)

  (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned if the member did not attend at least two-thirds of the Board meetings held during any consecutive 12-month period while the member was serving on the Board.

  (2) The Governor may waive a member's resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

  (3) In accordance with Sec. 8-501 of the State Government Article, the chair shall provide notice to the Governor and the Governor shall appoint a successor.

#### Section 11-506

In accordance with Sec. 102 of the federal Act, the Governor shall submit to the Secretary a State plan that includes the workforce initiatives of State agencies and outlines a 4-year strategy for the statewide workforce development system of the State. The Governor's plan shall include, but not be limited to, those items set forth in Sec. 102 of the federal Act.

#### Section 11-507

(a) After receiving recommendations from the Governor's Workforce Development Board regarding youth and adult discretionary allocations, as provided for in Sec.Sec. 128 and 133 of the federal Act, the Governor shall allocate federal funds in accordance with Sec.Sec. 128 and 133 of the federal Act, the State plan, and State budget procedures.

(b) After receiving recommendations from the Governor's Workforce Development Board regarding the utilization of federal funds for reservations for State activities under Sec.Sec. 128 and 133(a) of the federal Act, the Governor, except for funds reserved for State purposes, shall distribute the remainder to the workforce investment areas in accordance with Sec.Sec. 128 and 133 of the federal Act, the State plan, and State budget procedures.

(c) The Governor may provide State funds in the budget to qualify for funds under the federal Act, and for other purposes to promote the workforce development system to implement Sec. 11-508 of this subtitle.

(d) Funds provided under the federal Act shall only be used for activities which are in addition to those which would otherwise be available in the area in the absence of such funds.

(e) Nothing in this section is intended to limit the ability of the State to use private resources and to contract with private or public entities to provide employment and training services or supportive services. ?

#### Section 11-508

To the extent that State funds become available and subject to the procedures in Sec. 11-505(d) of this subtitle, after receiving recommendations from the Governor's Workforce Development Board regarding the utilization of State funds to supplement federal funds for employment and training services, supportive services, and for related services such as training allowances and stipends, the Governor may allocate an amount for such purposes in accordance with State budget procedures.

### Subtitle 6. Miscellaneous Programs

#### Section 11-601

(a) In this section, "ACTION Program" means the Apprenticeship Career Training in Our Neighborhoods Program established under this section.

(b) There is an Apprenticeship Career Training in Our Neighborhoods Program in the Department.

(c) The purposes of the ACTION Program are:

  (1) to develop a well-trained, productive construction workforce which meets the needs of the State's economy;

  (2) to encourage employers to hire apprentices in the construction industry; and

  (3) to help employers offset additional costs, if any, associated with hiring apprentices.

(d)

  (1)

    (i) The Department shall administer the ACTION Program in partnership with local workforce development boards.

    (ii) Local workforce development boards shall  provide grants to employers that meet the requirements under paragraph (2) of this subsection.

  (2) An employer is eligible to receive a grant if the employer employs one or more apprentices who:

    (i) have been employed by the employer for at least 7 months;

    (ii) are engaged in a building or construction trade;

    (iii) are enrolled in the first year of an apprenticeship program registered with the Maryland Apprenticeship and Training Council under Sec. 11-405(b) of this title; and

    (iv) live in a zip code in which the percentage of poverty is at least 20% as established by the U.S. Department of Commerce, Bureau of the Census, in the most recently released data.

(e)

  (1) As provided in the State budget, the ACTION Program shall award grants to eligible employers.

  (2) It is the intent of the General Assembly that, for fiscal year 2017 and each fiscal year thereafter, the State budget include an appropriation of at least $100,000 for the ACTION Program to:

    (i) provide grants to eligible employers; and

    (ii) cover administrative costs.

(f) The Department shall adopt regulations necessary to carry out this section, including regulations to:

  (1) develop requirements for grant applications;

  (2) develop a process for reviewing grant applications and awarding grants to eligible employers; and

  (3) determine a cap for the maximum amount of a grant that an eligible employer may receive each year.

(g) The amount of a grant awarded by the ACTION Program under subsection (e) of this section shall be based on the number of apprentices that an eligible employer employs who satisfy the criteria in subsection (d)(2) of this section.

(h) A grant shall consist of a maximum of $1,000 for each apprentice that an eligible employer employs who satisfies the criteria in subsection (d)(2) of this section.

#### Section 11-602

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Local area" means the local workforce development areas established in this State under the federal Workforce Innovation and Opportunity Act.

  (3) "Low income" means not more than 150% of the federal poverty level.

  (4) "Program" means the Maryland Summer Youth Connection Program.

  (5) "Summer" means the period beginning June 1 of each year and ending September 30 of each year.

(b)

  (1) There is a Maryland Summer Youth Connection Program in the Division.

  (2)

    (i) The purpose of the Program is to provide summer jobs for youth who are not less than 14 years of age and not more than 21 years of age.

    (ii) The Program priorities are to provide jobs for youth who:

      (1) are 14 years old and 15 years old;

      (2) are from low-income families;

      (3) have a disability;

      (4) have a special need; or

      (5) otherwise encounter barriers in the labor market.

(c) The Director shall:

  (1) make grants in furtherance of the Program objectives to fiscal agents for local areas in accordance with the allocation formulas established under the federal Workforce Innovation and Opportunity Act;

  (2) adopt regulations to carry out the Program; and

  (3) evaluate the performances of the local areas in carrying out the purposes of the Program.

(d) Under the Program, the local areas shall:

  (1) develop meaningful and well supervised work experiences in:

    (i) public and private nonprofit, community-based sites; and

    (ii) private for-profit sites, if the experiences developed in the private for-profit sites:

      (1) serve not more than 20% of the participants in the Program; and

      (2) expose Program participants to occupations for which there is high demand in the labor market;

  (2) provide activities to enhance job skills, including basic skills, computer skills, occupational skills, and basic employability skills;

  (3) provide career-exposure activities, including field trips, guest speakers, job shadowing, aptitude and interest assessment, and college fairs;

  (4) provide sufficient oversight and monitoring of work sites to ensure a quality experience for each participant;

  (5) submit a plan to the Director detailing the local area's plan for summer activities; and

  (6) submit an end-of-summer report.

(e) A local area's allowable Program costs may include:

  (1) wages paid to participants in the Program;

  (2) the costs of supervision;

  (3) the costs of materials and supplies related to the work provided;

  (4) reasonable transportation costs to, from, and around the work site;

  (5) related training costs; and

  (6) reasonable administrative support costs, not exceeding 10% of the funding granted the local area.

(f) A participating youth shall be paid not less than the federal minimum wage for each hour worked.

#### Section 11-603

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Law enforcement agency" means the police department of a county, municipal corporation, university in the State, or State agency.

  (3) "Program" means the Public Safety Apprenticeship Program.

  (4) "Public safety agency" includes:

    (i) a correctional unit, as defined in Sec. 2-401 of the Correctional Services Article;

    (ii) a law enforcement agency; and

    (iii) a public safety agency, as defined in Sec. 1-301 of the Public Safety Article.

(b) There is a Public Safety Apprenticeship Program in the Department.

(c) The purposes of the Program are to:

  (1) provide young individuals opportunities to begin a career with a public safety agency;

  (2) foster positive relationships between the public, particularly young individuals, and public safety agencies;

  (3) develop a cohort of individuals qualified to join a public safety agency;

  (4) encourage public safety agencies to hire apprentices; and

  (5) help public safety agencies offset additional costs, if any, associated with hiring apprentices.

(d) The Program shall consist of start-up grants and stabilization grants.

(e) A public safety agency or a group of public safety agencies participating in the Program shall:

  (1) develop a registered apprenticeship program; and

  (2) establish a registered apprenticeship program that develops a career path that enables an individual to work in a public safety agency.

(f)

  (1) The Department shall:

    (i) administer the Program; and

    (ii) award start-up and stabilization grants under the Program on a competitive basis to a public safety agency or a group of public safety agencies that meet the requirements of this section.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, the Department may award:

      (1) a start-up grant not exceeding $200,000 to a public safety agency or a group of public safety agencies for development and launch of a public safety agency's registered apprenticeship program under this section; and

      (2) a stabilization grant not exceeding $5,000 to a public safety agency or a group of public safety agencies on the initial enrollment of each apprentice in the public safety agency's registered apprenticeship program.

    (ii) The Department may not award a start-up or stabilization grant under this section to a public safety agency or a group of public safety agencies that fail to bargain with the appropriate exclusive representative regarding any adjustments to wages, hours, or other terms and conditions of employment that are required for individuals to participate in the public safety agency's registered apprenticeship program.

(g)

  (1) For fiscal years 2021 through 2025, the Governor shall include in the State budget an appropriation of at least $750,000 for the Program to:

    (i) provide grants to eligible public safety agencies; and

    (ii) cover the administrative costs of operating the Program.

  (2) For fiscal year 2026 and each fiscal year thereafter, the Governor shall include in the State budget an appropriation of at least $390,000 for the Program to:

    (i) provide grants to eligible public safety agencies; and

    (ii) cover the administrative costs of operating the Program.

(h) The Department shall adopt regulations necessary to carry out this section, including regulations to:

  (1) develop requirements for grant applications;

  (2) develop a process for reviewing grant applications and awarding grants to eligible public safety agencies; and

  (3) determine the maximum amount that an eligible public safety agency or a group of public safety agencies may be awarded under the Program each fiscal year.

#### Section 11-604

(a) In this section, "Program" means the Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals.

(b) There is an Apprenticeship Career Training Pilot Program for Formerly Incarcerated Individuals in the Department.

(c) The purposes of the Program are:

  (1) to develop a well-trained, productive construction workforce which meets the needs of the State's economy;

  (2) to encourage employers to hire formerly incarcerated individuals in the construction industry; and

  (3) to help employers offset additional costs, if any, associated with hiring apprentices.

(d)

  (1) The Department shall administer the Program and provide grants on a competitive basis to employers that meet the requirements under paragraph (2) of this subsection.

  (2) An employer is eligible to receive a grant if the employer employs one or more formerly incarcerated apprentices who:

    (i) have been employed by the employer for at least 7 months;

    (ii) are engaged in a building or construction trade;

    (iii) are enrolled in the first year of an apprenticeship program registered with the Division of Workforce Development and Adult Learning under Sec. 11-405(b) of this title; and

    (iv) live in Baltimore City or Dorchester County.

(e)

  (1) As provided in the State budget, the Program shall award grants to eligible employers.

  (2) For fiscal years 2021, 2022, and 2023, the Governor shall include in the annual State budget an appropriation of at least $100,000 for the Program to:

    (i) provide grants to eligible employers; and

    (ii) cover administrative costs.

(f) The amount of a grant awarded by the Program under subsection (e) of this section shall be based on the number of apprentices that an eligible employer employs who meet the description in subsection (d)(2) of this section.

(g) A grant shall consist of a maximum of $1,000 for each apprentice that an eligible employer employs who meets the description in subsection (d)(2) of this section.

(h) The Department shall adopt regulations necessary to carry out this section, including regulations to:

  (1) develop requirements for grant applications;

  (2) develop a process for reviewing grant applications and awarding grants to eligible employers; and

  (3) determine a cap for the maximum amount of a grant that an eligible employer may receive each year.

(i) On or before September 30 each year, the Department shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, the following information for the immediately preceding calendar year:

  (1) the number and types of employers that received grants under the Program;

  (2) the grant amount received by each employer;

  (3) the total number of apprentices and number of apprentices by employer that participated in the Program; and

  (4) the progress in achieving the purposes of the Program specified under subsection (c) of this section.

#### Section 11-605

(a) The Department shall develop a list of any federal or State incentive programs available to an employer who hires and trains formerly incarcerated individuals.

(b) The Department shall make the list accessible on the main page of the Department's website.

#### Section 11-606

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Covered individual" means an individual who:

    (i) has been convicted of a criminal offense;

    (ii)

      (1) has completed a term of imprisonment in federal prison or a State or local correctional facility; or

      (2) is approved for release by a correctional facility for the purpose of participating in a training program; and

    (iii) meets the offense eligibility requirements set forth in any applicable policy notice or other guidance issued by the Small Business Administration for the federal microloan program established under 15 U.S.C. Sec. 636(m).

  (3) "Program" means the Maryland New Start Grant Program.

(b)

  (1) There is a Maryland New Start Grant Program in the Department.

  (2) The Department shall administer the Program.

(c) The purpose of the Program is to provide grants to organizations to create or support existing entrepreneurship development programs to provide assistance to covered individuals.

(d)

  (1) As provided in the budget, the Department shall make grants in accordance with this subsection to at least five eligible organizations.

  (2)

    (i) An organization may apply for a grant under the Program.

    (ii) An organization may partner with another organization for purposes of applying for a grant under the Program and conducting entrepreneurial development programming.

    (iii) An application for a grant under the Program shall:

      (1) demonstrate strong community ties, including those with the covered individual community and local businesses;

      (2) demonstrate an ability to provide a full range of entrepreneurial development programming on an ongoing basis;

      (3) include a plan for reaching covered individuals, including by identifying particular target populations within the community;

      (4) clearly define entrepreneurial development capabilities, including coordination with existing local resource partners of the Department for additional training as necessary;

      (5) present an entrepreneurship development curriculum, which may be a nationally recognized model or based on a nationally recognized model;

      (6) include a list of each partner organization; and

      (7) include a comprehensive plan for the use of grant funds, including estimates for administrative and outreach costs of running and evaluating the entrepreneurship development program.

    (iv) The Department may provide specific additional eligibility and application requirements for a grant under the Program.

  (3) An entrepreneurship development program for covered individuals implemented under the Program shall include:

    (i) a business plan competition for imprisoned individuals;

    (ii) reentry services, including a work-readiness program;

    (iii) executive mentoring with local business owners;

    (iv) entrepreneurial training; and

    (v) in accordance with Title 5, Subtitle 19 of the Economic Development Article, access to financing.

  (4) In determining whether to award a grant under the Program, the Department may give priority to an application submitted in accordance with subsection (c) of this section based on:

    (i) whether the application includes a commitment from an existing or new non-State funding source to meet the matching requirement under subsection (e) of this section;

    (ii) whether the application takes into account local economies and markets as a part of the educational component of the entrepreneurship development program; and

    (iii) the ability or plan of the applicant to provide entrepreneurial development services concurrent with employment or job training services.

(e)

  (1) As a condition of a grant provided under the Program, the Department shall require the recipient of the grant to contribute an amount equal to 25% of the amount of the grant, obtained solely from existing or new non-State sources.

  (2) In addition to cash or other direct funding, the contribution required under paragraph (1) of this subsection may include indirect costs or in-kind contributions paid for under non-State programs.

(f)

  (1)

    (i) In fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of at least $200,000 for the Program.

    (ii) In fiscal years 2025 through 2028, the Governor shall include in the annual budget bill an appropriation of at least $50,000 for the Program.

  (2) The Department may not utilize more than 10% of the money appropriated for the Program for administrative costs.

(g)

  (1) Subject to paragraph (2) of this subsection, an organization awarded a grant by the Department under the Program shall submit an annual report to the Department on the use of grant funds received under the Program.

  (2) The report required under paragraph (1) of this subsection shall contain, with respect to the entrepreneurship development program created or supported by the organization under the Program:

    (i) a list of other organizations, if any, with which the person has partnered to conduct an entrepreneurial development program;

    (ii) the characteristics of covered individuals assisted under the entrepreneurship development program, including the race and ethnicity, gender, age, marital status, parental status, employment status, income, banking and credit history, and prior business experience of the individuals;

    (iii) the participation and attendance rates for all components of the entrepreneurship development program;

    (iv) the program retention rate;

    (v) the percentage of participants who have not been charged with a new criminal violation or a violation of a condition of parole or probation during the calendar year of the program;

    (vi) the level of the covered individuals' understanding of business concepts and principles;

    (vii) the level of the covered individuals' greater confidence in leadership strengths, including the results of an industry-recognized behavioral assessment;

    (viii) the progress made by covered individuals toward establishing a business;

    (ix) the experiences and perceptions of the covered individuals;

    (x) the number and dollar amount of loans made to qualified covered individuals; and

    (xi) any additional information that the Department may require.

(h) On or before January 1, 2029, the Department shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on:

  (1) the funds included in the State budget and appropriated for the  Program for each fiscal year during the life of the Program;

  (2) the services that grant recipients provided to covered individuals assisted under entrepreneurship development programs;

  (3) oversight of the Program by the Department, including policies and procedures for monitoring the compliance by grant recipients with Program requirements and an assessment of the effectiveness of the Program; and

  (4) the overall performance of the Program and the impacts of the Program on grant recipients.

(i) The Department shall adopt regulations necessary to carry out this section.

#### Section 11-607

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Employer" means an individual or organization located or operating in the State that employs a registered apprentice.

  (3) "Fund" means the Maryland Pay Per Apprentice Program Fund.

  (4) "Program" means the Maryland Pay Per Apprentice Program.

  (5) "Registered apprentice" means an employee who participates in a registered apprenticeship program.

  (6) "Registered apprenticeship" means an apprenticeship program that is registered with, and approved by, the Division of Workforce Development and Adult Learning.

  (7) "Sponsor" means an individual, association, committee, organization, intermediary, or employer in whose name or title the registered apprenticeship program is or is to be registered.

(b) There is a Maryland Pay Per Apprentice Program in the Department.

(c) The purposes of the Program are to:

  (1) develop a well-trained, productive workforce that meets the needs of the State's economy; and

  (2) help employers and sponsors offset costs, including recruitment, education, training, and accommodations for disabilities or materials, associated with hiring newly registered apprentices.

(d) The Department shall administer the Program and establish:

  (1) requirements for incentive applications;

  (2) a process for reviewing incentive applications and awarding incentives to eligible employers or sponsors;

  (3) the maximum award eligibility per newly registered apprentice subject to fund availability;

  (4) the maximum amount of incentives that an eligible employer or sponsor may receive each year; and

  (5) a process for monitoring and evaluating outcomes, assessing compliance, and taking corrective action, including requiring reimbursement of incentives, should an employer or sponsor fail to meet the requirements of the Program.

(e)

  (1) There is a Maryland Pay Per Apprentice Program Fund.

  (2) The purpose of the Fund is to provide incentives under the Program.

  (3) The Secretary shall administer the Fund.

  (4)

    (i) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

    (ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

  (5) The Fund consists of:

    (i) money appropriated to the Fund under paragraph (9) of this subsection;

    (ii) money collected due to noncompliance with Program requirements;

    (iii) interest earnings of the Fund; and

    (iv) any other money from any other source accepted for the benefit of the Fund.

  (6) The Fund may be used only for providing incentives under the Program and administrative expenses related to the Program.

  (7)

    (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

    (ii) Any interest earnings of the Fund shall be credited to the Fund.

  (8) Expenditures from the Fund may be made only in accordance with the State budget.

  (9) For each of fiscal years 2027 through 2030, the Governor may include in the annual budget bill an appropriation for the Fund.

(f)

  (1) Subject to this subsection, an employer or a sponsor may apply for and be awarded an incentive under the Program.

  (2) An employer or a sponsor may apply for only one grant for a newly registered apprentice who:

    (i) has been employed for at least 7 months; and

    (ii) is within the initial year of employment with the applicant.

  (3) An employer or a sponsor may be awarded only one grant per each newly registered apprentice per year.

  (4) An employer or sponsor awarded a grant under the Program shall attest to its intent to retain an apprentice through the duration of the full apprenticeship and after completion of the apprenticeship, unless an apprentice leaves on the apprentice's own accord or has been dismissed for cause.

  (5) If an incentive is awarded to an employer or a sponsor on behalf of a newly registered apprentice, another employer or sponsor may not apply for an incentive under the Program for the same newly registered apprentice.

(g) The Department may adopt regulations to carry out this section.

### Subtitle 7. Maryland Employment Advancement Right Now Program

#### Section 11-701

(a) In this subtitle the following words have the meanings indicated.

(b) "Credential" means a recognized:

  (1) educational diploma;

  (2) certificate or degree;

  (3) occupational license;

  (4) apprenticeship certificate;

  (5) industry recognized certification; or

  (6) award for skills attainment and completion, issued by an approved training provider in the State or third-party credential provider.

(c) "High-demand occupation" means an occupation that:

  (1) has a significant presence within target industries;

  (2) is in demand by employers; and

  (3) pays or leads to payment of a family sustaining wage.

(d) "Identifiable skill" means the attainment of proficiency in a specific work-related skill that is likely to lead to future job advancement and improvement in an individual's earning potential.

(e)

  (1) "Job readiness training" means training for the purpose of assisting and supporting jobseekers in overcoming individual barriers to employment and developing the skills necessary to maintain employment and to qualify for skills training opportunities.

  (2) "Job readiness training" includes:

    (i) occupational skills development;

    (ii) GED preparation;

    (iii) literacy advancement;

    (iv) financial stability services, including financial coaching;

    (v) credit counseling;

    (vi) transportation; and

    (vii) child care.

(f) "Local board" means a local workforce development board established to administer services in a workforce development area established under Subtitle 5 of this title.

(g) "Maryland EARN Program" means the Maryland Employment Advancement Right Now Program created under this subtitle.

(h) "Strategic industry partnership" means a collaboration that brings together a regional group that may include employers, nonprofits, institutions of higher education, community colleges, local boards, local governments, or other relevant partners to:

  (1) identify common workforce needs for high-demand occupations within a target industry; and

  (2) develop and implement industry strategies to meet the common workforce needs and shortages based on regional needs.

(i) "Target industry" means a group of employers closely linked by a common product or service, workforce skills, similar technologies, supply chains, or other economic ties.

#### Section 11-702

(a) In this section, "CTE Committee" means the Career and Technical Education Committee established under Sec. 21-207 of the Education Article.

(b) There is a Maryland Employment Advancement Right Now (EARN) Program in the Department.

(c) The purpose of the Maryland EARN Program is to create industry-led partnerships to advance the skills of the State's workforce, grow the State's economy, and increase sustainable employment for working families.

(d) The Department, in consultation with the Department of Commerce, the CTE Committee, and the Governor's Workforce Development Board, shall establish and administer the Maryland EARN Program to provide grants on a competitive basis for:

  (1) an approved strategic industry partnership for development of a plan consistent with the purpose of the Maryland EARN Program;

  (2) workforce training programs and other qualified programs that provide industry valued skills training to individuals that result in a credential or identifiable skill consistent with an approved strategic industry partnership plan;

  (3) job readiness training and skills training that results in a credential or an identifiable skill; and

  (4) collectively bargained, registered apprenticeships that:

    (i) are working to incorporate the apprenticeship's curriculum into high school career and technical education programs;

    (ii) are working to ensure that community college credits are available for instruction provided by an apprenticeship sponsor; or

    (iii) offer apprenticeships to high school students.

#### Section 11-703

(a) An application for a strategic industry partnership grant under Sec. 11-702(d) of this subtitle shall:

  (1) include:

    (i) evidence of shortages in skilled employment within the target industry over a sustained period of time;

    (ii) a description of specific high-demand occupations or sets of occupations within the target industry; and

    (iii) the specifics of training programs that would result in individuals obtaining credentials or identifiable skills to facilitate their employment or advancement in the targeted industry; and

  (2) identify members participating in the strategic industry partnership and include identification of the target industry and the participating local board.

(b) Grants may be awarded for skills training consistent with an approved strategic industry partnership plan developed under Sec. 11-702(c) of this subtitle to:

  (1) industries with identified positions and a demonstrated need for incumbent worker training that can be accessed by employees at their place of employment or other location;

  (2) industries with an identified workforce shortage that will be seeking to hire individuals to train to meet a specific skill need;

  (3) a member of a strategic industry partnership that can provide job readiness training to qualified individuals directly or through accounts held at local boards on behalf of the individual; and

  (4) educational providers that offer training consistent with the goals of the plan.

(c) The competitive grant process shall give priority to strategic industry partnerships that maximize the potential of the collaboration through direct financial or in-kind contributions by members of the target industry.

#### Section 11-704

The Department may adopt regulations to carry out the provisions of this subtitle.

#### Section 11-705

(a) The Department shall monitor all grants provided under the Maryland EARN Program.

(b) The Department may require that all recipients of strategic industry partnership grants:

  (1) demonstrate an ability to collaborate successfully; and

  (2) include additional provisions in a grant proposal to ensure accountability.

(c) The Department may revoke grant funding from a strategic industry partnership, workforce training program, or partnership member if goals consistent with a grant agreement approved by the Department are not met.

(d) To the extent practicable and consistent with relevant judicial opinions and statutory law, any intellectual property developed as a result of a grant awarded under the Maryland EARN Program shall remain in the public domain.

#### Section 11-706

(a) The Department, in consultation with the Department of Budget and Management, shall develop and implement a State employment advancement strategy.

(b) The State employment advancement strategy shall identify:

  (1) positions in State government in need of skilled employees; and

  (2) mechanisms to provide incumbent State employees with access to skills training programs that result in:

    (i) employment advancement resulting in title promotion or wage promotion; or

    (ii) the potential for future employment advancement as the result of obtaining a credential or identifiable skill.

#### Section 11-707

The Department, in consultation with the Department of Commerce and the Department of Information Technology, shall develop a uniform and easily accessible statewide "Train Maryland" Web site promoting available training programs in the State, including those available under the Maryland EARN Program.

#### Section 11-708

For fiscal year 2014 and each fiscal year thereafter, the Maryland EARN Program shall be funded as provided for in the State budget.

#### Section 11-708.1

(a) There is a Clean Energy Workforce Account.

(b) The Account shall be funded from the Strategic Energy Investment Fund in accordance with Sec. 9-20B-05(f)(10), (f-2), and (f-3) of the State Government Article.

(c)

  (1) In this subsection, "clean energy industry" has the meaning stated in Sec. 9-20B-01 of the State Government Article.

  (2) The Account shall be used to provide grants to support workforce development programs that provide:

    (i) pre-apprenticeship jobs training;

    (ii) youth apprenticeship jobs training; and

    (iii) registered apprenticeship jobs training.

  (3) A pre-apprenticeship jobs training program must:

    (i) be designed to prepare individuals to enter and succeed in an apprenticeship program registered by the Maryland Apprenticeship and Training Council;

    (ii) include:

      (1) training and curriculum based on national best practices that prepare individuals with the skills and competencies to enter one or more State-registered or U.S. Department of Labor-registered apprenticeship programs that prepare workers for careers in the clean energy industry;

      (2) a documented strategy for increasing apprenticeship opportunities for unemployed and underemployed individuals, including:

      (A) recruitment strategies to bring these individuals into the pre-apprenticeship jobs training program;

      (B) educational and pre-vocational services to prepare program participants to meet the entry requirements of one or more registered apprenticeship programs;

      (C) access to appropriate support services to enable program participants to maintain participation in the program; and

      (D) mechanisms to assist program participants in identifying and applying to registered apprenticeship programs; and

      (3) rigorous performance and evaluation methods to ensure program effectiveness and improvement; and

    (iii) have a documented partnership with at least one registered apprenticeship program described in item (ii)2 of this paragraph.

  (4) Eligible clean energy industry jobs for a pre-apprenticeship jobs training program include positions in:

    (i) renewable energy;

    (ii) energy efficiency;

    (iii) energy storage;

    (iv) resource conservation; and

    (v) advanced transportation.

  (5)

    (i) This paragraph applies to youth apprenticeship jobs training programs and registered apprenticeship jobs training programs supported by the Account under this subsection.

    (ii) An apprenticeship sponsor shall receive as a grant from the Account:

      (1) up to $150,000 for a program proposal and planning expenses; and

      (2) $3,000 for each successfully completed apprenticeship.

    (iii) The youth apprenticeship jobs training programs and the registered apprenticeship jobs training programs:

      (1) shall comply with:

      (A) all rules and regulations for the establishment of a registered apprenticeship and youth apprenticeship standard for sponsorship; and

      (B) the Maryland Apprenticeship and Training Program; and

      (2) must prepare workers for careers in the energy efficiency, geothermal, solar, and wind sectors of the clean energy industry.

    (iv) This paragraph may not be construed to alter or amend the definition of "youth apprentice" or "registered apprentice" as defined by the Maryland Apprenticeship and Training Council and approved by the Secretary.

(d)

  (1)

    (i) In this subsection the following words have the meanings indicated.

    (ii) "American manufactured goods" means goods that are:

      (1) manufactured in the United States; or

      (2) assembled in the United States.

    (iii) "Assembled in the United States" means that the final production takes place at a facility within the United States, regardless of the origin of the components or subcomponents.

    (iv) "Manufactured in the United States" means:

      (1) that all manufacturing processes take place within the United States; and

      (2) that all component parts and the manufacturing processes of the component parts originate from within the United States, regardless of the origin of the subcomponents.

  (2) A grant from the Account may be made only to a program that agrees to:

    (i) use or supply American manufactured goods; and

    (ii) initiate a project labor agreement.

  (3) Paragraph (2)(i) of this subsection does not apply if:

    (i) the price of the American manufactured goods exceeds the price of a similar manufactured good that is not manufactured in the United States by more than 25%;

    (ii) the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities;

    (iii) the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States; or

    (iv) the procurement of a manufactured good would be inconsistent with the public interest.

  (4) The Board of Public Works shall adopt regulations to define the following terms for the purposes of this subsection:

    (i) "reasonably available"; and

    (ii) "substantially less".

  (5) If a court or a federal or State agency determines that a program receiving money from the Account has misrepresented that goods used in a program to which paragraph (2)(i) of this subsection applies were manufactured or assembled in the United States, that program shall be ineligible to receive a grant from the Account for 5 years following the date that the court or federal or State agency makes the determination.

(e) A program that receives a grant from the Account shall meet the requirements of the State prevailing wage law under Title 17, Subtitle 2 of the State Finance and Procurement Article.

#### Section 11-709

(a) On or before December 31 of each year, the Department shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, to the Senate Finance Committee and the House Economic Matters Committee on the Maryland EARN Program.

(b) The report required under subsection (a) of this section shall include:

  (1) an identification of training needs statewide, including industries in urgent need of qualified workers;

  (2) information on measures being used to track the success and accountability of the Maryland EARN Program, including use of the StateStat accountability process under Sec. 3-1003(b) of the State Finance and Procurement Article;

  (3)

    (i) a description of each strategic industry partnership receiving grant funding and the status of the partnership; and

    (ii) the jurisdiction of the State in which each strategic industry partnership is located;

  (4) the number of individuals:

    (i) by sex, race, national origin, income, county of residence, and educational attainment, participating in each component of the Maryland EARN Program; and

    (ii) participating in the Maryland EARN Program who, as a result of the Program, have obtained:

      (1) a credential or an identifiable skill;

      (2) a new employment position;

      (3) a title promotion; or

      (4) a wage promotion;

  (5) an assessment of whether and to what extent the approved strategic industry partnerships utilized existing data concerning:

    (i) training needs in the State identified in previous studies; and

    (ii) applicable skills needs identified in existing workforce studies, plans, or research; and

  (6) information on the success of funding workforce development programs under Sec. 11-708.1 of this subtitle.

(c) The information reported under subsection (b)(6) of this section shall contain specific information concerning the entities providing pre-apprenticeship, youth apprenticeship, and registered apprenticeship job training programs from the Clean Energy Workforce Account, including:

  (1) the name and location of each program;

  (2) the populations targeted by each program;

  (3) the training and curriculum provided;

  (4) program enrollment and graduation rates; and

  (5) the number and types of placements achieved by trainees who complete each program.

#### Section 11-710

This subtitle may be cited as the "Maryland EARN Program".

### Subtitle 8. Adult Education and Literacy Services

#### Section 11-801

In this subtitle, "adult education" means academic instruction and education services below the postsecondary level for individuals:

(1) who are at least 16 years old;

(2) who are not enrolled or required to be enrolled in high school under State law; and

(3) who:

  (i) are basic skills deficient;

  (ii) do not have a high school diploma or its recognized equivalent and have not achieved an equivalent level of education; or

  (iii) are English language learners.

#### Section 11-802

(a) There is an Adult Education and Literacy Services Office in the Division of Workforce Development and Adult Learning of the Department.

(b) The Adult Education and Literacy Services Office shall be the sole agency in the State responsible for administering and supervising policy and funding for adult education and literacy.

#### Section 11-803

The Adult Education and Literacy Services Office, with the approval of the Secretary, may adopt regulations to carry out this subtitle.

#### Section 11-804

The Department shall be responsible for the development of the components of the State plan required to be submitted under federal law to carry out adult education and literacy services.

#### Section 11-805

The purpose of adult education and literacy services is to:

(1) assist adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency;

(2) assist adults who are parents or family members to obtain the education and skills necessary:

  (i) to become full partners in the educational development of their children; and

  (ii) to lead to sustainable improvements in the economic opportunities for their family;

(3) assist adults in attaining a secondary school diploma and in the transition to postsecondary education and training, including through career pathways; and

(4) assist immigrants and other individuals who are English language learners by:

  (i) improving their English language proficiency in reading, writing, speaking, and comprehension skills;

  (ii) improving mathematics skills; and

  (iii) acquiring an understanding of the American system of government, individual freedom, and the responsibilities of citizenship.

#### Section 11-806

(a)

  (1) The Adult Education and Literacy Services Office shall distribute competitive grants for adult education and literacy services in accordance with the State plan for services required under the authorizing federal law for adult education and literacy services.

  (2) The grants distributed under this section shall be based on need and performance.

  (3) Grants under this section may be used for adult education and literacy services, including:

    (i) basic skills instruction;

    (ii) preparation and instruction for obtaining a high school diploma by examination under Sec. 11-808 of this subtitle;

    (iii) the National External Diploma Program under Sec. 11-807 of this subtitle;

    (iv) Workplace Literacy Services and workforce preparation activities;

    (v) English for speakers of other languages and integrated English literacy and civics education;

    (vi) family literacy;

    (vii) literacy instruction; and

    (viii) integrated education and training.

(b) Funding for the competitive grants under this section shall be as provided in the State budget.

(c) On or before August 1 each year, the Department shall:

  (1) compile a list by county of adult education and literacy services grant recipients for adult education and literacy services offered to the public;

  (2) distribute the list to the county board and county superintendent or chief executive officer of each local school system in the State; and

  (3) post the list on its public website.

#### Section 11-807

(a) In this section, "Program" means the National External Diploma Program adopted under regulations by the Secretary in consultation with the State Board of Education.

(b)

  (1) The Department and the State Board of Education recognize demonstrated competencies in adults, whether or not those competencies were acquired in a formal school setting.

  (2) In response to its recognition of competencies, the Department shall provide alternative requirements and methods of obtaining a Maryland high school diploma.

  (3) The Department and the State Board of Education shall award diplomas to the individuals meeting the requirements of this subtitle.

(c)

  (1) For each fiscal year the Governor shall include in the annual budget bill submitted to the General Assembly, including any proposed supplemental budget, a General Fund appropriation for the Program in an amount not less than the amount of the Governor's General Fund appropriation for the Program in fiscal year 2006.

  (2) In each annual budget, the Governor shall include federal funds, to the extent available, for the Program in an amount not less than the amount of the Governor's federal fund appropriation for the Program in fiscal year 2006.

#### Section 11-808

(a) An individual may obtain a high school diploma by examination as provided in this section if the individual:

  (1) has not obtained a high school diploma;

  (2) resides in this State; and

  (3) except as provided in subsection (b) of this section:

    (i) is not subject to compulsory school attendance under Sec. 7-301 of the Education Article; and

    (ii) has withdrawn from a regular full-time public or private school program.

(b) An individual is not subject to the requirements of subsection (a)(3) of this section if the individual participates in a GED Option Program administered by the State Department of Education that creates a pathway to a high school diploma by examination for currently enrolled high school English language learner students under the age of 21 years who have experienced interrupted education and have a lower level of English proficiency than their peers.

(c) The Department shall:

  (1) offer examinations to individuals who are pursuing a high school diploma under this subtitle at least twice each year at places throughout the State that are reasonably convenient for the applicants; and

  (2) allow an individual to choose to take all components of the examination in either English or Spanish.

(d) The examination shall:

  (1) be offered in appropriate high school subject areas; and

  (2) be of a comprehensive nature as determined by the State Board of Education.

(e) An individual who fails an examination may repeat taking the examination.

(f) A current member of the armed forces is exempt from the residency requirement in subsection (a)(2) of this section and may earn a Maryland high school diploma by achieving a passing score on the examination offered under subsection (c) of this section.

(g) The diploma shall be awarded in accordance with the regulations adopted by the Secretary and the State Board of Education.

#### Section 11-809

(a) In this section, "homeless youth" has the same meaning as provided in the federal McKinney-Vento Homeless Assistance Act.

(b) An individual is exempt from paying GED testing fees if:

  (1) the individual is a homeless youth;

  (2) the individual has had a consistent presence in the State for at least 1 year before the individual applies to take the GED test, as evidenced by school, employment, or other records; and

  (3) the Department verifies that the individual is a homeless youth.

(c) The Department may use the following individuals to verify that an individual is a homeless youth:

  (1) a homeless liaison from a local school system that the individual attended;

  (2) a director or a designee of the director of a program in the State funded under the Runaway and Homeless Youth Act; or

  (3) a director or a designee of the director of a program in the State funded under Title IV, Subtitle B of the McKinney-Vento Homeless Assistance Act.

(d) The Department shall adopt regulations to implement the requirements of this section.

#### Section 11-810

(a) In this section, "MDiplomaWorks pathway" means an alternative pathway to earn a high school diploma in the State.

(b) The MDiplomaWorks pathway is a method to recognize and certify high school diploma achievement through demonstrated academic and career competencies, including workforce experience.

(c) An individual may obtain a high school diploma through the MDiplomaWorks pathway if the individual:

  (1) has not obtained a high school diploma;

  (2) resides in the State;

  (3) is not subject to the compulsory school attendance requirement under Sec. 7-301 of the Education Article; and

  (4) has withdrawn from a regular full-time public or private school program.

(d) To earn a high school diploma through the MDiplomaWorks pathway, an individual shall demonstrate equivalency to a Maryland high school diploma by completion of a combination of the following components as approved by the Department:

  (1) earning industry-recognized credentials;

  (2) demonstrating foundational academic skills through formal assessments;

  (3) completing career and technical education coursework; and

  (4) completing an on-the-job learning experience.

(e) A high school diploma shall be awarded to an individual who completes the MDiplomaWorks pathway in accordance with the regulations adopted by the Secretary and the State Board of Education.

### Subtitle 9. Correctional Institutions

#### Section 11-901

(a) There is a Correctional Education Council under the jurisdiction of the Department of Public Safety and Correctional Services and the Department.

(b)

  (1) The Council consists of 14 members.

  (2) Four of the members of the Council shall be residents of this State appointed by the Governor for a term of 4 years who each shall serve until a successor is appointed and qualifies as follows:

    (i) two representing the business community;

    (ii) a former offender; and

    (iii) one member of the general public.

  (3) The following officials shall serve ex officio:

    (i) the Secretary of Public Safety and Correctional Services;

    (ii) the Secretary of Labor;

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

    (iv) the Secretary of Higher Education, or the Secretary's designee;

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

    (vi) the president of a community college in the State, or the president's designee;

    (vii) the Chair of the Governor's Workforce Development Board, or the Chair's designee;

    (viii) the Director of Education and Workforce Skills Training for Correctional Institutions, or the Director's designee;

    (ix) an official from a local correctional facility, or the official's designee; and

    (x) the county superintendent of schools from a county where a correctional institution of the Division of Correction is located, who shall be selected by the State Superintendent, or the county superintendent's designee.

(c) Each member of the Council:

  (1) serves without compensation; but

  (2) is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

(d)

  (1) The Secretary of Public Safety and Correctional Services and the Secretary shall serve as cochairs of the Council.

  (2) The Council:

    (i) shall meet at least four times per year;

    (ii) shall designate the time and place of its meetings; and

    (iii) may adopt rules for the conduct of its meetings.

  (3) The Council shall be within the Department for administrative and budgetary purposes.

  (4) The Department shall provide technical and clerical assistance and support to the Council.

(e)

  (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a member shall be considered to have resigned who has been appointed to the Council by the Governor if the member did not attend at least two-thirds of the Council meetings held during any consecutive 12-month period while the member was serving on the Council.

  (2) The Governor may waive a member's resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

  (3) In accordance with Sec. 8-501 of the State Government Article, the cochairs shall provide notice to the Governor and the Governor shall appoint a successor.

#### Section 11-902

(a)

  (1) The Correctional Education Council shall develop and recommend an educational and workforce training program for each correctional institution in the Division of Correction.

  (2) The programs shall meet the special needs and circumstances of the incarcerated individuals in each correctional institution.

  (3) If the Justice Reinvestment Oversight Board makes a funding recommendation under Sec. 9-3207(b)(6) of the State Government Article, a post-secondary education and workforce training program, in accordance with the funding recommendation, shall provide incarcerated individuals with the requisite training, certifications, and experience to obtain careers in in-demand job sectors.

(b)

  (1) The Council shall adopt regulations for all correctional institutions in the Division of Correction for the implementation of a mandatory education program for all incarcerated individuals who fail to attain a minimum educational standard as set forth in this subsection.

  (2) The regulations adopted by the Council shall:

    (i) require that the educational standard shall be the attainment of a General Educational Development (GED) diploma or a verified high school diploma;

    (ii) apply only to any incarcerated individual who:

      (1) was received by the Division of Correction after July 1, 1987;

      (2) has 18 months or more remaining to be served before a mandatory supervision release date;

      (3) is not exempted due to a medical, developmental, or learning disability; and

      (4) does not possess a General Educational Development (GED) diploma or a verified high school diploma; and

    (iii) require any incarcerated individual who is not exempted under item (ii)3 of this paragraph to participate in:

      (1) the mandatory education program for at least 240 calendar days; or

      (2) a workforce skills training program.

  (3) The Division of Correction shall report to the Parole Commission the academic progress of an incarcerated individual in the mandatory education program.

(c)

  (1) The Council shall adopt regulations for all correctional institutions in the Division of Correction for the implementation of a mandatory workforce skills training program for all incarcerated individuals as provided in this subsection.

  (2) The regulations shall apply only to an incarcerated individual who:

    (i) has 18 months or more remaining to be served before a mandatory supervision release date; and

    (ii) is not exempted due to a medical, developmental, or learning disability.

  (3) The Division of Correction shall report to the Parole Commission the academic progress of an incarcerated individual in the mandatory workforce skills training program.

(d) On or before October 30 of each year, the Council shall report its activities to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, to the General Assembly.

(e)

  (1)

    (i) The Council shall actively advocate and promote the interests of educational programs and workforce skills training opportunities in correctional institutions.

    (ii) The Council shall seek to ensure that a quality education, equal educational opportunity, and workforce skills training are available to all incarcerated individuals at correctional institutions.

  (2) The Council, on a regular basis, shall review the educational and workforce skills training programs at correctional institutions to ensure that the unique educational and training needs of the populations of the correctional institutions are being satisfactorily met.

  (3) The Council shall include in its review:

    (i) curriculum guides;

    (ii) courses of study;

    (iii) resource materials;

    (iv) textbooks;

    (v) supplementary readers;

    (vi) materials of instruction;

    (vii) visual and auditory aids;

    (viii) supplies;

    (ix) teacher performance; and

    (x) other teaching aids.

  (4) Based on its review, the Council shall recommend and advocate improvements to the educational and workforce skills training programs at correctional institutions.

#### Section 11-903

(a) The Department is responsible for the provision of education and workforce skills training programs in the adult correctional institutions in the State.

(b) The Secretary shall appoint a Director of Education and Workforce Skills Training for Correctional Institutions.

(c) The Director shall receive the salary provided in the budget of the Department.

(d) The Director shall:

  (1) implement and operate the educational and workforce skills training programs developed by the Council in the correctional institutions;

  (2) meet with and advise the Council about the programs;

  (3) consult with the Commissioner of Correction and the warden of each institution about the operation of the programs; and

  (4) set qualification standards for teachers in workforce skills training programs who are employed by the Department that are similar to the standards for teachers providing CTE instruction in accordance with Sec. 7-205.1 of the Education Article.

(e) Notwithstanding any other provisions of law, each teacher in an educational and workforce skills training program who is employed by the Department is in the professional service in the State Personnel Management System.

#### Section 11-904

In this subtitle, "federal acts" means the Acts of Congress that authorize funding for education, library services, and workforce development training for incarcerated individuals in adult correctional facilities, and any amendments to those acts.

#### Section 11-905

(a) The State of Maryland assents to the federal acts.

(b) The State Treasurer shall:

  (1) be the custodian of any money received under the federal acts; and

  (2) disburse this money in accordance with the federal acts.

(c) The Maryland Department of Labor and the State Board of Education, as appropriate, shall:

  (1) cooperate with the appropriate federal agencies in administering the federal acts;

  (2) do anything necessary to secure the benefits of the federal acts;

  (3) facilitate the transfer of funds to the appropriate operational agency; and

  (4) represent this State in all matters relating to the administration of the federal acts.

#### Section 11-906

(a) Notwithstanding any other provision of law, Patuxent Institution is a correctional institution within the Division of Correction and under the jurisdiction of the Correctional Education Council for the funding of educational and workforce skills training programs only.

(b) Funds for the operation of the educational and workforce skills training programs in correctional institutions shall be provided in the budget of the Department.

(c) The Department of Public Safety and Correctional Services and other State agencies may contribute to the programs identified under subsection (b) of this section.

(d) Funds appropriated for educational and workforce skills training programs in correctional institutions may not be diverted by budget amendment or otherwise to any other purpose.

#### Section 11-907

This subtitle does not affect the provisions of law relating to the powers, duties, and authority of the State Board of Education, the State Superintendent of Schools, the Maryland Higher Education Commission, or the Secretary of Higher Education.

### Subtitle 13. Construction Education and Innovation Fund

#### Section 11-1301

(a) In this subtitle the following words have the meanings indicated.

(b) "Center" means the Maryland Center for Construction Education and Innovation.

(c) "Fund" means the Construction Education and Innovation Fund.

#### Section 11-1302

(a) There is a Construction Education and Innovation Fund.

(b) The Center shall administer the Fund.

(c)

  (1) The Fund is a special, nonlapsing revolving fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (2) The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(d) The Fund consists of:

  (1) money appropriated in the State budget to the Fund;

  (2) money made available to the Fund through federal programs or private contributions;

  (3) money derived by the Center; or

  (4) any other money made available to the Center for the Fund.

(e)

  (1) For fiscal year 2018 through fiscal year 2024, the Governor shall include in the annual budget bill an appropriation to the Fund of $250,000 to support the operation of the Center.

  (2) For fiscal year 2025 through fiscal year 2029, the Governor shall include in the annual budget bill an appropriation to the Fund of $531,250 to support the operation of the Center.

(f) The Fund may be used only to support the purposes of the Center.

(g)

  (1) The Treasurer shall invest money in the Fund in the same manner as other State money may be invested.

  (2) Any investment earnings of the Fund shall be paid into the Fund.

### Subtitle 14. Direct Care Workforce Innovation Program

#### Section 11-1401

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Direct care worker" means an individual whose occupation is classified under the 2018 Standard Occupational Classifications of the U.S. Department of Labor as:

    (i) a home health aide (31-1121);

    (ii) a personal aide (31-1122);

    (iii) a nursing assistant (31-1131); or

    (iv) a psychiatric aide (31-1133).

  (2) "Direct care worker" includes a geriatric nursing assistant.

(c) "Division" means the Division of Workforce Development and Adult Learning.

(d) "Eligible entity" means a nonprofit organization, a labor organization, an employer of direct care workers, or an entity with shared labor-management oversight:

  (1) with an established record of recruiting or providing training to direct care workers; or

  (2) that establishes a training program in consultation with an organization with an established record of providing training to direct care workers.

(e) "Program" means the Direct Care Workforce Innovation Program.

#### Section 11-1402

(a) There is a Direct Care Workforce Innovation Program in the Division.

(b) The Division shall administer the Program.

(c) The Division may adopt regulations to implement this subtitle.

#### Section 11-1403

(a) The purpose of the Program is to provide matching grants to eligible entities to create and expand on successful recruitment and retention strategies that address the range of potential barriers to increasing the number of direct care workers.

(b) The goal of the Program is to ensure the availability of trained direct care workers across the State.

#### Section 11-1404

(a) Each year, the Division shall issue a request for applications from eligible entities for matching grants offered under the Program.

(b) To receive a matching grant under the Program, an eligible entity shall submit to the Division with the entity's application a project plan for each project to be developed and carried out, or for activities to be continued, with the grant.

(c) A project plan submitted by an eligible entity under subsection (b) of this section shall include a description of:

  (1) current or projected job openings for, or relevant labor market information related to, direct care workers in the region to be served by the project, and the geographic scope of the workforce to be served by the project;

  (2) specific efforts and strategies that the project will undertake to reduce barriers to the recruitment, retention, or advancement of direct care workers;

  (3) if applicable, any other innovative models or processes the eligible entity will implement to support the retention of direct care workers;

  (4) the supportive services and benefits to be provided to direct care workers to support the retention of direct care workers;

  (5) how the eligible entity will make use of career planning to support the identification of advancement opportunities and career pathways for direct care workers in the region to be served by the project;

  (6) how the eligible entity will collect and submit to the Division workforce data and outcomes of the project;

  (7) an assurance that any benefit or service provided under the project will be provided at no cost to direct care workers or individuals assisted by direct care workers;

  (8) how the eligible entity will consult with direct care workers, representatives of direct care workers, individuals assisted by direct care workers, and the families of individuals assisted by direct care workers throughout the project;

  (9) the methods the eligible entity will use to inform participants in the project about their rights as direct care workers; and

  (10) outreach efforts to individuals for participation in the project, including targeted outreach efforts to:

    (i) individuals who are recipients of, or eligible for, assistance under a State program funded under Part A of Title IV of the Social Security Act; and

    (ii) individuals who have barriers to employment.

#### Section 11-1405

(a) In evaluating the applications submitted in accordance with Sec. 11-1404 of this subtitle and selecting eligible entities to receive a matching grant under the Program, the Division shall:

  (1) seek equitable geographic and demographic diversity, including rural and urban areas;

  (2) ensure that selected eligible entities will serve areas where direct care, or a related occupation, is an in-demand industry sector or occupation; and

  (3) give priority to eligible entities proposing to predominately serve the individuals described under Sec. 11-1404(c)(10)(i) and (ii) of this subtitle.

(b) An eligible entity shall secure contributions for the project in an amount of money or other consideration at least equal in value to the amount of money requested from the Program.

(c)

  (1) The Division may not award a matching grant to an eligible entity that exceeds $50,000 each year.

  (2) If the Division receives applications for matching grants totaling more than the amount of funds appropriated for the Program for a fiscal year, the Division shall award the grants on a pro rata basis.

(d) The Division shall encourage each eligible entity receiving a matching grant under the Program, in developing and carrying out a project, to consult with:

  (1) institutions of higher education;

  (2) the Maryland Department of Health;

  (3) local workforce development boards; and

  (4) organizations with expertise in the needs of women, racial minorities, immigrants, and the impoverished.

(e) An eligible entity that carries out activities for purposes of recruiting, retaining, or providing advancement opportunities to direct care workers before receipt of a matching grant under the Program may use the grant to continue carrying out those activities.

(f) A matching grant awarded under the Program shall be valid for at least 3 years.

(g) An eligible entity receiving a matching grant under the Program shall use the funds to carry out at least one project or to continue an activity commenced before receipt of the grant that:

  (1) develops and implements a strategy for the recruitment, retention, or advancement of direct care workers that includes an activity described in the eligible entity's application; and

  (2) provides compensation to each direct care worker for any training received under the project or activity.

(h)

  (1) An eligible entity receiving a matching grant under the Program may use not more than 10% of the funds of the grant for costs associated with the administration of a project under the Program.

  (2) An eligible entity receiving a matching grant under the Program shall use at least 5% of the funds of the grant to provide direct financial assistance, such as supportive services, to direct care workers to support the financial needs of the direct care workers to enter, remain enrolled in, and complete the project assisted by the grant.

  (3) An eligible entity receiving a matching grant under the Program shall use the grant to supplement, and not supplant, the amount of funds that, in the absence of the grant, would be available to address the recruitment, retention, or advancement of direct care workers in the region served by the eligible entity.

#### Section 11-1406

(a) For each fiscal year, the Governor shall include in the annual budget bill an appropriation of at least $250,000 for the Program.

(b) Appropriations and expenditures made for the purpose of implementing the Program, including the use of any funds received by a person under any component of the Program, are subject to audit by the Office of Legislative Audits as provided in Sec. 2-1220 of the State Government Article.

#### Section 11-1407

On or before December 1 each year, beginning in 2022, the Division shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with Sec. 2-1257 of the State Government Article, on:

(1) the number of individuals served by each project or activity assisted by a matching grant under the Program, including:

  (i) the number of individuals recruited to be employed as direct care workers; and

  (ii) the number of individuals who attained employment as direct care workers;

(2) the number of individuals or families assisted by direct care workers under the Program;

(3) services, benefits, or support provided to assist in the recruitment, retention, or advancement of direct care workers, the number of individuals who accessed the services, benefits, or support, and the impact of the services, benefits, and support;

(4) how each project assessed the satisfaction of the direct care workers assisted by the project, individuals receiving services delivered by the direct care workers, and employers of the direct care workers;

(5) the performance of each eligible entity receiving a grant under the Program with respect to the indicators of performance on unsubsidized employment, median earnings, credential attainment, measurable skill gains, and employer satisfaction; and

(6) any other information with respect to outcomes of the projects.

### Subtitle 15. Career Pathways for Health Care Workers Program

#### Section 11-1501

(a) In this subtitle the following words have the meanings indicated.

(b) "Division" means the Division of Workforce Development and Adult Learning.

(c) "Eligible employer" means a hospital or related institution as those terms are defined in Sec. 19-301 of the Health - General Article.

(d) "Health care worker" means:

  (1) a worker licensed or certified under Title 8 of the Health Occupations Article; or

  (2) any other individual employed by an eligible employer who provides personal care, assistance, or treatment services directly to patients or residents in the course of the worker's regular duties.

(e) "HBCU" includes:

  (1) Bowie State University;

  (2) Coppin State University;

  (3) Morgan State University; and

  (4) the University of Maryland Eastern Shore.

(f) "Program" means the Career Pathways for Health Care Workers Program.

(g) "Training program" means a training program provided for health care workers by an HBCU or a community college.

#### Section 11-1502

(a) There is a Career Pathways for Health Care Workers Program in the Department.

(b) The Division shall administer the Program.

(c) The Division may adopt regulations to implement the Program.

#### Section 11-1503

(a) The purpose of the Program is to provide matching grants to eligible employers that pay for training programs attended by health care workers.

(b) The goal of the Program is to provide increased opportunities for health care workers to receive training across the State.

#### Section 11-1504

(a) Each year, the Division shall issue a request for applications from eligible employers for matching grants offered under the Program.

(b) To receive a matching grant under the Program, an eligible employer shall submit to the Division an application which shall include:

  (1) a list of training programs that health care workers have requested to attend during the immediately following calendar year;

  (2) a list of training programs that a participating eligible employer has identified based on current labor market needs;

  (3) the cost of any training programs that health care workers have attended during the immediately preceding calendar year and for which the eligible employer agreed to pay;

  (4) sufficient detail about a training program to allow the Division to ensure that the training program meets the requirements of this subtitle; and

  (5) an assurance that the training program shall be provided at no cost to a health care worker.

#### Section 11-1505

(a) In evaluating the applications submitted under Sec. 11-1504 of this subtitle and selecting eligible employers to receive a matching grant under the Program, the Division shall secure matching cash contributions or other consideration for training programs during the immediately following calendar year in an amount at least equal in value to the amount requested from the Program.

(b)

  (1) The Division may not award a matching grant that exceeds $50,000 each year to an eligible employer.

  (2) If the Division received applications for matching grants totaling more than the amount of funds appropriated for the Program for a fiscal year, the Division shall award the grants on a pro rata basis.

(c) A matching grant awarded under the Program shall be valid for 1 calendar year.

(d) An eligible employer receiving a matching grant under the Program shall use the grant to supplement, and not supplant, the amount of funds that, in the absence of the grant, would be available to pay for the training programs to be attended by health care workers during the immediately following calendar year.

(e) An eligible employer receiving a grant under the Program shall:

  (1) provide to each health care worker who is considering enrolling in a training program information relating to the wage increase required to be provided under item (2) of this subsection to health care workers on completion of a training program; and

  (2) provide a wage increase that is commensurate with current labor market trends to a health care worker who completes and receives a certification for a training program for which a grant has been awarded under the Program.

(f)

  (1) If an eligible employer and an employee organization or union bargain collectively to create a training and upgrading fund that provides educational and job training programs and benefits health care workers, any grant money for an employee who is a member of a bargaining unit awarded to the employer under the Program shall pass through the fund.

  (2) The training and upgrading fund shall report to the Division, in the manner specified by the Division, when grant money is expended by the training and upgrading fund.

#### Section 11-1506

(a)

  (1) Through fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of at least $1,000,000 for the Program.

  (2) For fiscal years 2025 and 2026, the Governor shall include in the annual budget bill an appropriation of at least $500,000 for the Program.

  (3) For fiscal year 2027 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least $350,000 for the Program.

(b) Appropriations and expenditures made for the purpose of implementing the Program, including the use of any funds received by a person under any component of the Program, are subject to audit by the Office of Legislative Audits as provided in Sec. 2-1220 of the State Government Article.

#### Section 11-1507

On or before December 1 each year, beginning in 2023, the Division shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with Sec. 2-1257 of the State Government Article, on:

(1) the amount of grant funds provided to eligible employers for training programs during the reporting period;

(2) the number of health care workers who attended training programs for which grant funds were used during the reporting period; and

(3) the HBCUs or community colleges which provided training programs to health care workers and for which grant funds were used during the reporting period.

### Subtitle 16. Talent Innovation Program and Fund

#### Section 11-1601

(a) In this subtitle the following words have the meanings indicated.

(b) "Board" means the Governor's Workforce Development Board.

(c) "Division" means the Division of Workforce Development and Adult Learning.

(d) "Fund" means the Talent Innovation Fund.

(e) "Program" means the Talent Innovation Program.

#### Section 11-1602

(a)

  (1) There is a Talent Innovation Program in the Department.

  (2) The Division and the Board shall jointly administer the Program.

  (3) The purpose of the Program is to increase access to high-quality job training by using innovative and sustainable talent financing mechanisms to help meet skill needs in the State's prominent and emerging industry sectors, including:

    (i) cybersecurity;

    (ii) health care;

    (iii) biotechnology;

    (iv) manufacturing; and

    (v) artificial intelligence.

(b) The Program may conduct pilots, convene key stakeholders, and conduct research to develop and support new talent financing approaches.

(c) The Program shall establish an initial pilot program that focuses on the cybersecurity sector by supporting job training through expansion of regional cyber ranges, which is a recognized method for developing talent and meeting the skill needs of the cybersecurity industry.

#### Section 11-1603

(a) There is a Talent Innovation Fund in the Department.

(b) The purpose of the Fund is to support the Program.

(c) The Secretary shall administer the Fund.

(d)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (2) The Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(e) The Fund consists of:

  (1) money appropriated in the State budget to the Fund;

  (2) grants and donations to the Fund;

  (3) interest earnings of the Fund; and

  (4) any money from any other source accepted for the benefit of the Fund.

(f) The Department may use the Fund to:

  (1) provide grants:

    (i) to entities, including employers, institutions of higher education, tax exempt organizations, public agencies, local workforce development boards, and registered apprenticeship sponsors, and residents of the State; and

    (ii) for costs including support services, subsidized wages, grantees' administrative costs, and training;

  (2) provide matching funds to secure donations or grants to the Fund;

  (3) provide funding for the Program and other talent finance mechanisms approved by the Division and the Board; and

  (4) pay expenses for administrative, actuarial, legal, and technical services for the Program.

(g)

  (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any interest earnings of the Fund shall be credited to the Fund.

(h) Expenditures from the Fund may be made only in accordance with the State budget.

(i) Money expended from the Fund for talent innovation fund programs is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for workforce development programs.

#### Section 11-1604

(a) The Department may adopt regulations to carry out this subtitle.

(b) On or before January 1 each year, beginning in 2025, the Department shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the President of the Senate and the Speaker of the House of Delegates on Program activities and use of the Fund.

### Subtitle 17. Cyber Maryland Program

#### Section 11-1701

(a) In this subtitle the following words have the meanings indicated.

(b) "Board" means the Cyber Maryland Board.

(c) "Fund" means the Cyber Maryland Fund.

(d) "Program" means the Cyber Maryland Program.

#### Section 11-1702

(a) There is a Cyber Maryland Program in the Department.

(b) The purposes of the Program are to:

  (1) create and execute a talent pipeline that materially reduces workforce vacancies by July 1, 2026;

  (2) serve as a one-stop shop for employers seeking to leverage cyber workforce development programs offered by the State and its partners;

  (3) inform cybersecurity training and education programs operated by public or private entities with industry-driven needs;

  (4) build the most advanced local and State information technology workforce in the nation, which, to the maximum extent possible, reflects the racial, gender, ethnic, and geographic diversity of the State;

  (5) coordinate and accelerate cybersecurity research and innovation in the State; and

  (6) support the efforts of the Department of Information Technology to improve the State government's cybersecurity posture, including State agencies, local government units, and critical infrastructure.

(c) The Program shall:

  (1) conduct ongoing research by collaborating with the Cybersecurity Association, Inc., Cybersecurity Talent Advisory Board to collect and analyze real-time industry data to identify cybersecurity workforce needs as described in the U.S. Chamber of Commerce Talent Pipeline Management Approach;

  (2) use the results of the research described in item (1) of this subsection to increase the effectiveness of existing State cybersecurity workforce programs for employers in the State;

  (3) facilitate partnerships for new training and education programs to address the workforce needs identified under item (1) of this subsection;

  (4) develop a statewide strategic plan for cybersecurity workforce development, using the results of the research described in item (1) of this subsection and with input from the Cybersecurity Association, Inc., Cybersecurity Talent Advisory Board on or before December 1, 2023;

  (5) develop, promote, support, and invest in talent improvement strategies, such as strategies that leverage the U.S. Chamber of Commerce Talent Pipeline Management Approach; and

  (6) ensure that outcomes of the Program are inclusive and, to the maximum extent practicable, reflect the racial, gender, ethnic, and geographic diversity of the State.

(d) Beginning in fiscal year 2026, the Program, in consultation with the Board, shall award competitive grants or contracts to enhance cybersecurity workforce development, including cybersecurity for operational technology.

#### Section 11-1703

(a) There is a Cyber Maryland Fund.

(b) The purposes of the Fund are to:

  (1) achieve the purposes identified under Sec. 11-1702(b) of this subtitle; and

  (2) support innovative approaches to meeting cybersecurity workforce needs.

(c) The Department shall administer the Fund.

(d)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(e) The Fund consists of:

  (1) money appropriated in the State budget to the Fund; and

  (2) any other money from any other source accepted for the benefit of the Fund.

(f) The Fund may be used only for:

  (1) administrative expenses of the Program, including hiring staff in accordance with the State budget and hiring consultants and other professionals as necessary to implement, maintain, and administer the Program and the Fund; and

  (2) providing grants to elementary and secondary schools, institutions of higher education, including community colleges, employers, including for-profit corporations, nonprofit organizations, registered apprenticeship sponsors, local workforce boards, industry associations, labor unions, local governments, local or regional economic development entities, and other relevant partner entities at the Department's discretion to operate cybersecurity programs based on the strategic plan of the Program.

(g) The Department shall adopt standards to award grants under this section.

(h)

  (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any interest earnings of the Fund shall be credited to the General Fund of the State.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

(j)

  (1) For fiscal year 2026, the Governor may include in the annual budget bill an appropriation of $3,100,000 for the Fund to be used for the awarding of grants and contracts under Sec. 11-1702(d) of this subtitle aligned with the strategy of and approved by the Board.

  (2) For fiscal year 2027 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation sufficient to run the Program.

  (3) The Program shall seek alternate funding sources to include cost-sharing or cost-matching agreements from sources other than the State, including the federal government, the private sector, and philanthropy, to supplement the money appropriated to the Fund under paragraph (1) of this subsection.

(k) Subject to the availability of funding, for fiscal year 2025 and each year thereafter, $250,000 of the Fund shall be used for implementing the U.S. Chamber of Commerce Talent Pipeline Management Approach.

(l) The Governor may include in the annual budget bill an appropriation in an amount sufficient for the Program, including to hire sufficient staff to carry out its duties.

#### Section 11-1704

(a) There is a Cyber Maryland Board.

(b) The Board consists of the following members:

  (1) the Senate and House of Delegates cochairs of the Joint Committee on Cybersecurity, Information Technology, and Biotechnology;

  (2) the Secretary, or the Secretary's designee;

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

  (4) the Maryland Secretary of Veterans and Military Families, or the Secretary's designee;

  (5) the Secretary of Information Technology, or the Secretary's designee;

  (6) the Secretary of Higher Education, or the Secretary's designee;

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

  (8) the Chair of the Board of Directors of the Cybersecurity Association, Inc., or the Chair's designee;

  (9) the Chair of the Maryland Workforce Association, or the Chair's designee;

  (10) the Adjutant General, or the Adjutant General's designee;

  (11) the Chief Executive Officer of the Maryland Technology Development Corporation (TEDCO), or the Chief Executive Officer's designee; and

  (12) the following members, appointed by the Governor:

    (i) five members from the private sector with cybersecurity needs;

    (ii) one representative from a nonprofit organization with expertise in cybersecurity talent development;

    (iii) one representative from a community college;

    (iv) one representative from a 4-year, public HBCU college; and

    (v) one representative from a 4-year, public college.

(c)

  (1) Subject to paragraph (2) of this subsection, the members of the Board shall elect a chair from among the members of the Board.

  (2) The chair may not be:

    (i) a State employee; or

    (ii) the Chief Executive Officer of the Maryland Technology Development Corporation (TEDCO).

(d) The Board shall:

  (1) provide input regarding the development of the statewide cybersecurity workforce development strategic plan required under Sec. 11-1702(c)(4) of this subtitle;

  (2) assist the Program with stakeholder outreach and engagement;

  (3) help the Program explore synergies where appropriate with cybersecurity workforce development efforts by regional and county workforce development entities;

  (4) coordinate as necessary with the Department of Commerce and the Department; and

  (5) provide other advice and support for the Program.

(e) A member of the Board:

  (1) may not receive compensation as a member of the Board; but

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

(f) To the extent practicable, the membership of the Board shall reflect the racial, gender, age, and geographic diversity of the State.

(g) The Board shall adopt bylaws that establish staggered terms for the members of the Board and procedures governing vacancies in membership.

#### Section 11-1705

(a) On or before December 1 each year, beginning in 2026, the Program, in conjunction with the Department, shall submit a report on the operation and performance of the Program to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly.

(b) The report required under subsection (a) of this section shall include key performance metrics established by the Department that are aligned with the State strategy and goals for the Program and the progress of the Program against those metrics.

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