# Public Safety (GPS) ## Title 14. Emergency Management ### Subtitle 1. Maryland Emergency Management Act #### Section 14-101 (a) In this title the following words have the meanings indicated. (b) "Department" means the Maryland Department of Emergency Management. (c) "Emergency" means the imminent threat or occurrence of severe or widespread loss of life, injury, or other health impacts, property damage or destruction, social or economic disruption, or environmental degradation from natural, technological, or human-made causes. (d) (1) "Emergency management" means the planning, implementing, and conducting of risk reduction and consequence management activities across the mission areas of prevention, protection, mitigation, response, and recovery to enhance preparedness, save lives, preserve public health and safety, protect public and private property, and minimize or repair injury and damage that results or may result from emergencies. (2) "Emergency management" does not include the preparation for and carrying out of functions in an emergency for which the uniformed services are primarily responsible. (e) "Emergency manager" means an individual whose primary duty of employment is to execute the mission of emergency management. (f) "Local organization for emergency management" means an organization established by a political subdivision or other local authority under Sec. 14-109 of this subtitle. (g) "Political subdivision" means a county or municipal corporation of the State. (h) "Secretary" means the Secretary of Emergency Management. (i) "Senior elected official" means: (1) the mayor; (2) the county executive; (3) for a county that does not have a county executive, the president of the board of county commissioners or county council or other chief executive officer of the county; or (4) for a municipal corporation that does not have a mayor, the burgess, chairperson, or president of the municipal governing body or other chief executive officer of the municipal corporation. #### Section 14-102 (a) To ensure that the State will be adequately prepared to deal with emergencies, to protect the public peace, health, and safety in the State, to preserve the lives and property of the people of the State, and to ensure the social and economic resilience of the State, it is necessary to: (1) establish a Maryland Department of Emergency Management; (2) authorize the establishment of local organizations for emergency management in the political subdivisions; (3) confer on the Governor and on the senior elected officials or governing bodies of the political subdivisions the emergency powers provided in this subtitle; (4) provide for the rendering of mutual aid among the political subdivisions and with other states in carrying out emergency management functions; and (5) authorize a comprehensive emergency management system that empowers all State departments and agencies to systematically prepare for, mitigate, respond to, and recover from potential or actual emergencies through risk reduction and consequence management. (b) It is the policy of the State and the purpose of this subtitle to coordinate, to the maximum extent possible, all emergency management functions of the State with the comparable functions of the federal government, other states, political subdivisions, other localities, and private agencies, so that the most effective preparation and use may be made of the resources and facilities available for dealing with any potential or actual emergency. (c) (1) It is the policy of the State that the initial governmental authority and responsibility for emergency management activities and operations be placed at the local level. (2) The State shall prepare for emergency management activities and operations and coordinate activity in support of the response, but may not preempt local authority for responding to an emergency unless: (i) (1) the emergency involves more than one political subdivision; and (2) one or more of the political subdivisions involved makes a request for State-level authority to coordinate or intervene; (ii) the political subdivision or subdivisions in which the emergency occurs issues a request from the senior elected official for the State to assume authority for the emergency; (iii) evidence exists that the political subdivision is overwhelmed by the emergency; or (iv) the Governor or the Governor's designee determines that additional resources are necessary to protect the public interest. #### Section 14-103 (a) There is a Maryland Department of Emergency Management established as a principal department of the Executive Branch of State government. (b) The Department has primary responsibility and authority for developing emergency management policies and is responsible for coordinating disaster risk reduction, consequence management, and disaster recovery activities. (c) The Department may act to: (1) reduce the disaster risk and vulnerability of persons and property located in the State; (2) develop and coordinate emergency planning and preparedness; and (3) coordinate emergency management activities and operations: (i) relating to an emergency that involves two or more State agencies; (ii) between State agencies and political subdivisions; (iii) with local governments; (iv) with agencies of the federal government and other states; and (v) with private and nonprofit entities. (d) The Department may adopt regulations to implement and enforce this subtitle. #### Section 14-104 (a) The head of the Maryland Department of Emergency Management is the Secretary of Emergency Management, who shall be appointed by the Governor with the advice and consent of the Senate. (b) The Secretary: (1) serves without a fixed term and may be removed by the Governor; (2) is entitled to the salary provided in the State budget; and (3) shall devote full time to the duties assigned to the Secretary. (c) (1) The Secretary is responsible to the Governor for carrying out the State emergency management program. (2) If the Governor has formally declared the threat or occurrence of an emergency, the Secretary shall coordinate the activities of all organizations for emergency management operations in the State. (3) The Secretary, in collaboration with other public and private agencies in the State, shall develop or cause to be developed mutual aid agreements for reciprocal emergency aid and assistance in case of emergency of an extreme nature that affects two or more political subdivisions. (4) The Secretary shall maintain liaison and cooperate with emergency management agencies and organizations of other states and the federal government. (d) The Secretary may employ personnel in accordance with the State budget and subject to the conditions and limitations of the State Personnel and Pensions Article. (e) The Secretary may make expenditures within the appropriations in the State budget or from other money made available to the Secretary for purposes of emergency management as necessary to carry out this subtitle. #### Section 14-104.1 (a) (1) In this section the following words have the meanings indicated. (2) "Community sewerage system" has the meaning stated in Sec. 9-501 of the Environment Article. (3) "Community water system" has the meaning stated in Sec. 9-401 of the Environment Article. (4) "Crisis and emergency risk communication plan" means a plan for communicating during an emergency. (5) "Local government" includes local school systems, local school boards, and local health departments. (6) "Unit" means the Cyber Preparedness Unit. (b) (1) There is a Cyber Preparedness Unit in the Department. (2) In coordination with the State Chief Information Security Officer, the Unit shall: (i) develop and regularly update an online database of cybersecurity training resources for local government personnel, including technical training resources, cybersecurity continuity of operations templates, and consequence management plans; (ii) assist local governments in the development of cybersecurity preparedness and response plans, including: (1) implementing best practices and guidance developed by the State Chief Information Security Officer; (2) identifying and acquiring resources to complete appropriate cybersecurity vulnerability assessments; and (3) providing guidance to local emergency management organizations for incidents against water and wastewater facilities; (iii) connect local governments to appropriate resources for any other purpose related to cybersecurity preparedness and response; (iv) as necessary and in coordination with the National Guard, local emergency managers, and other State and local entities, conduct regional cybersecurity preparedness exercises; (v) establish regional assistance groups to deliver and coordinate support services to local governments, agencies, or regions; and (vi) develop guidance for crisis and emergency risk communication for local emergency management organizations in the State. (3) The Unit shall support the Office of Security Management in the Department of Information Technology during emergency response efforts. (c) (1) Each local government shall report a cybersecurity incident, including an attack on a State system being used by the local government, to the appropriate local emergency manager and the State Security Operations Center in the Department of Information Technology and to the Maryland Joint Operations Center in the Department in accordance with paragraph (2) of this subsection. (2) For the reporting of cybersecurity incidents under paragraph (1) of this subsection, the State Chief Information Security Officer shall determine: (i) the criteria for determining when an incident must be reported; (ii) the manner in which to report; and (iii) the time period within which a report must be made. (3) The State Security Operations Center shall immediately notify appropriate agencies of a cybersecurity incident reported under this subsection through the State Security Operations Center. (d) (1) Five Position Identification Numbers (PINs) shall be created for the purpose of hiring staff to conduct the duties of the Maryland Department of Emergency Management Cybersecurity Preparedness Unit. (2) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of at least: (i) $220,335 for 3 PINs for Administrator III positions; and (ii) $137,643 for 2 PINs for Administrator II positions. (e) The Department shall include cybersecurity attack information on the Department's website. #### Section 14-104.2 (a) (1) In this section the following words have the meanings indicated. (2) "Fund" means the Local Cybersecurity Support Fund. (3) "Local government" includes local school systems, local school boards, and local health departments. (b) (1) There is a Local Cybersecurity Support Fund. (2) The purpose of the Fund is to: (i) provide financial assistance to local governments to improve cybersecurity preparedness, including: (1) updating current devices and networks with the most up-to-date cybersecurity protections; (2) supporting the purchase of new hardware, software, devices, and firewalls to improve cybersecurity preparedness; (3) recruiting and hiring information technology staff focused on cybersecurity; (4) paying outside vendors for cybersecurity staff training; (5) conducting cybersecurity vulnerability assessments; (6) addressing high-risk cybersecurity vulnerabilities identified by vulnerability assessments; (7) implementing and maintaining integrators and other similar intelligence sharing infrastructure that enable connection with the Information Sharing and Analysis Center in the Department of Information Technology; and (8) supporting the security of local wastewater treatment plants, including bicounty, county, and municipal plants, by acquiring or implementing cybersecurity-related upgrades to the plants; and (ii) assist local governments applying for federal cybersecurity preparedness grants. (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 in the State budget to the Fund; (ii) interest earnings; and (iii) any other money from any other source accepted for the benefit of the Fund. (6) The Fund may be used only: (i) to provide financial assistance to local governments to improve cybersecurity preparedness, including: (1) updating current devices and networks with the most up-to-date cybersecurity protections; (2) supporting the purchase of new hardware, software, devices, and firewalls to improve cybersecurity preparedness; (3) recruiting and hiring information technology staff focused on cybersecurity; (4) paying outside vendors for cybersecurity staff training; (5) conducting cybersecurity vulnerability assessments; (6) addressing high-risk cybersecurity vulnerabilities identified by vulnerability assessments; (7) implementing or maintaining integrators and other similar intelligence sharing infrastructure that enable connection with the Information Sharing and Analysis Center in the Department of Information Technology; and (8) supporting the security of local wastewater treatment plants, including bicounty, county, and municipal plants, by acquiring or implementing cybersecurity-related upgrades to the plants; (ii) to assist local governments applying for federal cybersecurity preparedness grants; and (iii) for administrative expenses associated with providing the assistance described under item (i) of this paragraph. (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. (c) To be eligible to receive assistance from the Fund, a local government shall: (1) provide proof to the Department of Information Technology that the local government conducted a cybersecurity preparedness assessment in the previous 12 months; or (2) within 12 months undergo a cybersecurity preparedness assessment provided by, in accordance with the preference of the local government: (i) the Department of Information Technology at a cost to the local government that does not exceed the cost to the Department of Information Technology of providing the assessment; or (ii) a vendor authorized by the Department of Information Technology to complete cybersecurity preparedness assessments. #### Section 14-105 (a) There is an Emergency Management Advisory Council. (b) The Council consists of the members that the Governor designates, including: (1) fair and reasonable representation for local government; (2) representation for organizations that represent volunteer firefighters and rescue squads; and (3) representation from manufacturing, utilities, and communications industries. (c) A member of the Council: (1) may not receive compensation for service on the Council; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (d) The Council shall advise the Governor on all matters that relate to emergency management. (e) On or before December 31, 2005, and on or before December 1 of each year thereafter, the Council shall submit a report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, to the General Assembly concerning its activities and recommendations. #### Section 14-106 (a) (1) The Governor: (i) has control of and is responsible for the Department; and (ii) is responsible for carrying out this subtitle. (2) In the event of the threat or occurrence of an emergency, the Governor may assume direct operational control over all or part of an emergency management function created or authorized by this subtitle and Subtitles 2 and 4 of this title. (3) The Governor may delegate the powers the Governor sees fit to an individual who is employed: (i) in the Executive Department of State government; (ii) as a secretary of a principal department; or (iii) as the head of an independent State agency. (b) In performing duties under this subtitle, the Governor: (1) may cooperate with the federal government, other states, and private agencies in all matters that relate to the emergency management operations of this State and the United States; (2) may issue orders, rules, and regulations necessary or desirable to: (i) carry out this subtitle; (ii) prepare and revise, as necessary, a comprehensive plan and program for the emergency management operations of this State; (iii) integrate the plan and program of this State with the emergency management operations plans of the federal government and other states; and (iv) coordinate the preparation of plans and programs for emergency management operations by the political subdivisions; (3) may authorize the procurement of supplies and equipment, the institution of training programs including the process for licensing, certifying, or credentialing health care practitioners developed under Sec. 18-903(c) of the Health - General Article, public information programs, and other steps to prepare for an emergency; (4) may authorize studies and surveys of industries, resources, and facilities in the State as necessary or desirable to: (i) ascertain the State's capabilities for emergency management operations; and (ii) prepare plans for the emergency management of resources in accordance with the national plan for emergency preparedness; (5) may appoint, in cooperation with local authorities, directors of local organizations for emergency management, may delegate to the directors any administrative authority vested in the Governor under this subtitle, and may provide for the subdelegation of that authority; and (6) may delegate the Governor's authority under this subsection to an individual who is employed: (i) in the Executive Department of State government; (ii) as a secretary of a principal department; or (iii) as the head of an independent State agency. (c) (1) In addition to emergency prevention measures included in the State, local, and interjurisdictional emergency plans, the Governor shall consider, on a continuing basis, steps that could be taken to prevent or reduce the harmful consequences of potential emergencies. (2) (i) At the direction of the Governor, and in accordance with any other authority and competence they have, State agencies shall study matters related to emergency prevention. (ii) State agencies required to study matters related to emergency prevention include those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land-use planning, and construction standards. #### Section 14-107 (a) (1) If the Governor finds that an emergency has developed or is impending due to any cause, the Governor shall declare a state of emergency by executive order or proclamation. (2) The state of emergency continues until the Governor: (i) finds that the threat or danger has passed or the emergency has been dealt with to the extent that emergency conditions no longer exist; and (ii) terminates the state of emergency by executive order or proclamation. (3) A state of emergency may not continue for longer than 30 days unless the Governor renews the state of emergency. (4) (i) The General Assembly by joint resolution may terminate a state of emergency at any time. (ii) After the General Assembly terminates a state of emergency, the Governor shall issue an executive order or proclamation that terminates the state of emergency. (b) (1) Each executive order or proclamation that declares or terminates a state of emergency shall indicate: (i) the nature of the emergency; (ii) the area threatened; and (iii) the conditions that have brought about the state of emergency or that make possible the termination of the state of emergency. (2) Each executive order or proclamation shall be: (i) disseminated promptly by means calculated to publicize its contents; and (ii) unless prevented or impeded by the circumstances of the emergency, filed promptly with: (1) the Department; (2) the State Archives; and (3) the chief local records-keeping agency in the area to which the executive order or proclamation applies. (c) (1) After the Governor declares a state of emergency, the Secretary shall coordinate the activities of the agencies of the State and of those political subdivisions included in the declaration in all actions that serve to prevent or alleviate the ill effects of the imminent or actual emergency. (2) An executive order or proclamation that declares a state of emergency: (i) activates the emergency response and recovery aspects of the State and local emergency plans applicable to the political subdivision or area covered by the declaration; and (ii) is authority for: (1) the deployment and use of resources to which the State or local plans apply; and (2) the use or distribution of supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available in accordance with this subtitle or any other law that relates to emergencies. (d) (1) After declaring a state of emergency, the Governor, if the Governor finds it necessary in order to protect the public health, welfare, or safety, may: (i) suspend the effect of any statute or rule or regulation of an agency of the State or a political subdivision; (ii) direct and compel the evacuation of all or part of the population from a stricken or threatened area in the State; (iii) set evacuation routes and the modes of transportation to be used during an emergency; (iv) direct the control of ingress to and egress from an emergency area, the movement of individuals in the area, and the occupancy of premises in the area; (v) authorize the use of private property, in which event the owner of the property shall be compensated for its use and for any damage to the property; (vi) provide for temporary housing; and (vii) authorize the clearance and removal of debris and wreckage. (2) The powers of the Governor under this subsection are in addition to any other authority vested in the Governor by law. #### Section 14-108 (a) After a state of emergency is declared in another state and the Governor receives a written request for assistance from the executive authority of that state, the Governor may: (1) authorize use in the other state of personnel, equipment, supplies, or materials of this State, or of a political subdivision with the consent of the executive officer or governing body of the political subdivision; and (2) suspend the effect of any statute or rule or regulation of an agency of the State or, after consulting with the executive officer or governing body of a political subdivision, a rule or regulation of an agency of a political subdivision, if the Governor finds that the suspension is necessary to aid the other state with its emergency management functions. (b) (1) The Governor shall authorize the use of resources or the suspension of the effect of any statute, rule, or regulation under subsection (a) of this section by executive order. (2) An executive order issued under this section may not continue for longer than 30 days unless the Governor renews the executive order. (3) Each executive order issued under this section shall indicate: (i) the nature of the emergency in the other state; and (ii) any circumstances that make suspension of a statute, rule, or regulation necessary to aid the other state with its emergency management functions. (4) Each executive order shall be: (i) disseminated promptly by means calculated to publicize its contents; and (ii) filed promptly with: (1) the Department; (2) the State Archives; and (3) each agency of the State or a political subdivision that is authorized by the order to use resources in the other state or responsible for the enforcement of any provisions that are suspended by the executive order. #### Section 14-109 (a) Each political subdivision shall: (1) establish a local organization for emergency management in accordance with the State emergency management plan and program; and (2) participate in federal programs for emergency management. (b) (1) On recommendation of the mayor, executive, or governing body of the political subdivision, the Governor shall appoint a director of emergency management for each local organization for emergency management. (2) Each director of a local organization for emergency management is directly responsible for the organization, administration, and operation of the local organization for emergency management. (3) Each director of a local organization for emergency management is subject to the direction and control of the mayor, executive, or governing body of the political subdivision, under the general power of the Governor. (c) (1) Subject to the budget of the political subdivision, each local organization for emergency management shall include those programs and positions recommended periodically by the Department to meet federal and State standards. (2) (i) In a county in which there is a local merit system or classified service for the general employees of the county, the employees and officers of the local organization for emergency management are included in and subject to all rights, duties, privileges, and responsibilities of that system or service. (ii) Subparagraph (i) of this paragraph does not apply to the director of the local organization for emergency management. (3) (i) If a county does not have a local merit system or classified service, the governing body of the county, or the board of estimates of Baltimore City, may include by regulation the employees and officers of the local organization for emergency management in the classified service of the State Personnel Management System. (ii) Subparagraph (i) of this paragraph does not apply to the director of the local organization for emergency management. (iii) (1) Except as otherwise provided by law, during the effective period of the regulation the employees and officers are subject to the rights, duties, privileges, and responsibilities of Division I of the State Personnel and Pensions Article. (2) The governing body of the county or the Mayor of Baltimore is the appointing officer under Division I of the State Personnel and Pensions Article. (4) Paragraph (3) of this subsection does not remove from the governing body of a county or from the Mayor and City Council of Baltimore the power to establish and regulate the compensation, vacation allowance, or sick leave of all employees and officers of the local organization for emergency management in the county or Baltimore City. (d) Each political subdivision may make appropriations in the manner provided by law to pay the expenses of its local organization for emergency management. #### Section 14-110 (a) (1) Each county shall: (i) prepare an Emergency Preparedness Plan for responding to an emergency that involves hazardous materials or controlled hazardous substances, as defined in the Environment Article; and (ii) review the Plan annually and submit any changes to the Secretary so that the Secretary may maintain current and accurate information about the Plan. (2) Each county shall submit its Emergency Preparedness Plan to the Secretary on or before October 1, 1998. (b) (1) A local organization for emergency management shall submit to the Secretary a radiological emergency response plan if the political subdivision in which the local organization for emergency management is located: (i) falls within the plume or ingestion zone of a commercial nuclear reactor; or (ii) might reasonably be expected to host evacuees from another jurisdiction in a plume or ingestion zone. (2) The radiological emergency response plan shall provide for the evacuation of the residents of the political subdivision as a result of an emergency caused by a dangerous release of radiation. #### Section 14-110.1 (a) In this section, "human service facility" means a facility licensed by the State that is: (1) a nursing home, as defined in Sec. 19-1401 of the Health - General Article; (2) an assisted living facility, as defined in Sec. 19-1801 of the Health - General Article; (3) a hospital, as defined in Sec. 19-301 of the Health - General Article; (4) a related institution as defined in Sec. 19-301 of the Health - General Article; (5) a State-operated institution for mental disease; (6) a group home as defined in Sec. 7-101 of the Health - General Article; (7) an alternative living unit as defined in Sec. 7-101 of the Health - General Article; and (8) a State residential center as defined in Sec. 7-101 of the Health - General Article. (b) A human service facility shall develop an emergency plan. (c) An emergency plan shall include procedures that will be followed before, during, and after an emergency to address: (1) the evacuation, transportation, or shelter-in-place of individuals served by the human service facility; (2) the notification to families, staff, and licensing authorities regarding the action that will be taken concerning the safety and well-being of the individuals served by the human service facility; (3) staff coverage, organization, and assignment of responsibilities; and (4) the continuity of operations, including: (i) procuring essential goods, equipment, and services; and (ii) relocation to alternate facilities. (d) (1) This subsection does not prohibit a human service facility from applying for and receiving reimbursement: (i) under any applicable insurance policy; or (ii) from any State or federal funds that may be available due to a declared State or federal emergency. (2) A human service facility is solely responsible for any financial obligation arising from voluntary or mandatory activation of any aspect of the emergency plan developed by the human service facility under this section. (e) (1) On or before November 30, 2007, a State agency that is responsible for the licensing of a human service facility shall adopt regulations governing the development of emergency plans under this section. (2) Regulations adopted under paragraph (1) of this subsection shall be developed in consultation with representatives of: (i) the Maryland Emergency Management Agency; (ii) the Maryland Institute for Emergency Medical Services Systems; (iii) local organizations for emergency management; and (iv) human service facilities. (f) For purposes of coordinating local emergency planning efforts, a human service facility shall provide access to the emergency plans developed under this section to local organizations for emergency management. #### Section 14-110.2 A public library shall be designated as providing an essential community service during an emergency as described under the Federal Emergency Management Agency Public Assistance Program provisions relating to federal disaster assistance and temporary relocation facilities. #### Section 14-110.3 (a) In this section, "kidney dialysis center" has the meaning stated in Sec. 19-3B-01 of the Health - General Article. (b) A kidney dialysis center shall have an emergency plan. (c) An emergency plan shall include policies and procedures that will be followed before, during, and after an emergency to address: (1) the safe management of individuals who are receiving services at the kidney dialysis center when an emergency occurs; (2) notification of patients, families, staff, and licensing authorities regarding actions that will be taken concerning the provision of dialysis services to the individuals served by the kidney dialysis center; (3) staff coverage, organization, and assignment of responsibilities; and (4) the continuity of operations, including procedures to secure access to essential goods, equipment, and dialysis services. (d) (1) This subsection does not prohibit a kidney dialysis center from applying for and receiving reimbursement: (i) under any applicable insurance policy; or (ii) from any State or federal funds that may be available due to a declared State or federal emergency. (2) A kidney dialysis center is solely responsible for any financial obligation arising from voluntary or mandatory activation of any aspect of the emergency plan developed by the kidney dialysis center under this section. (e) For purposes of coordinating local emergency planning efforts, a kidney dialysis center shall provide access to the emergency plans developed under this section to local organizations for emergency management. #### Section 14-110.4 (a) (1) In this section the following words have the meanings indicated. (2) "Fund" means the Resilient Maryland Revolving Loan Fund. (3) "STORM Act" means the federal Safeguarding Tomorrow through Ongoing Risk Mitigation Act. (b) There is a Resilient Maryland Revolving Loan Fund. (c) The purpose of the Fund is to provide loans for resilience projects that address mitigation of all hazards, including natural disasters. (d) (1) The Fund may be used: (i) to provide low- or no-interest loans to local governments and nonprofit organizations for resilience projects; and (ii) for the administration and management of the Fund. (2) On application of a local governing body, loans from the Fund may be made directly to local governments, at least in part, to: (i) meet federal matching requirements for federal resilience grant programs, including Building Resilient Infrastructures and Communities, Flood Mitigation Assistance, and U.S. Department of Housing and Urban Development Community Development Block Grant Mitigation; and (ii) work with the U.S. Army Corps of Engineers Flood Risk Management Program. (3) (i) On application of a local governing body, the Department may loan funds to local governments for the purpose of local governments offering loan funds to private property owners to use for hazard mitigation projects for a building. (ii) Hazard mitigation projects for private property owners may include wind retrofits, flood mitigation elevation, floodproofing, wildland fire retrofit mitigation, and earthquake retrofit mitigation. (4) (i) Repayment of a loan provided under paragraph (3) of this subsection by a local government to a private property owner may be collected in the same manner as property taxes. (ii) A property owner may sell a property after receiving a loan under paragraph (3) of this subsection if the property owner repays the loan or the new owner agrees in writing to assume the obligation for repayment of the loan. (5) The loans provided under this subsection shall be for a fixed loan period. (e) The Department shall administer the Fund. (f) The Department shall prioritize making loans to projects it determines to have the greatest impact on eliminating hazards. (g) (1) The Fund is a special, nonlapsing fund that shall be available in perpetuity for the purpose of providing loans in accordance with the provisions of this section. (2) The Fund is not subject to Sec. 7-302 of the State Finance and Procurement Article. (3) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (h) The Fund consists of: (1) money appropriated in the State budget to the Fund; (2) investment and interest earnings of the Fund; (3) repayments of principal and interest from loans made from the Fund; (4) money received from the Federal Emergency Management Agency; and (5) any other money from any other source accepted for the benefit of the Fund. (i) Private funds received by the Fund for the purpose of hazard mitigation projects for a building shall be used only for hazard mitigation projects for a building. (j) (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. (k) Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to local governments for resilience projects. (l) (1) Subject to paragraph (2) of this subsection, the Department, taking into consideration requirements from the STORM Act, shall establish application procedures and eligibility criteria for loans from the Fund. (2) The eligibility criteria shall require that a local government or a nonprofit organization demonstrate: (i) need for a loan to address hazard mitigation; and (ii) the ability to repay the loan, if required, at a later date. (m) (1) Local governments that provide loans to private property owners may establish a graduated loan forgiveness program for private property owners. (2) A graduated loan forgiveness program shall, at a minimum: (i) provide full loan forgiveness for households with between 50% and 80% of the median income for the area in which the property to which the loan applies is located; (ii) provide 50% loan forgiveness for households with 80% to 100% of the median income for the area in which the property to which the loan applies is located; and (iii) provide additional loan forgiveness percentages for households with incomes not within 50% to 100% of the median income for the area in which the property to which the loan applies is located based on: (1) the number of private property owners with outstanding loans; (2) the availability of funding; and (3) any other facts the local government finds reasonable and necessary. #### Section 14-110.5 (a) (1) In this section the following words have the meanings indicated. (2) "Fund" means the State Disaster Recovery Fund. (3) "Local Disaster Declaration" means a formal request for State disaster relief and recovery assistance made as a result of an emergency by the senior elected official through the local organization for emergency management. (b) There is a State Disaster Recovery Fund. (c) The purpose of the Fund is to provide: (1) disaster recovery assistance to individuals and families when a unit of local government has submitted a request for a disaster declaration but a federal disaster declaration is not received; (2) disaster recovery assistance to units of local government of the State for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed when a federal disaster declaration is not received; (3) low-interest or no-interest loans to businesses and nonprofits for disaster recovery assistance when a federal disaster declaration is not received; (4) disaster-related assistance for unmet needs of individuals and families following a federal disaster declaration; (5) disaster-related assistance for unmet needs of individuals and families who have been denied federal assistance but otherwise meet criteria established for the Fund; and (6) matching funds for assistance to individuals and State and local governmental units after a federal disaster declaration. (d) The Fund: (1) is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article; (2) shall be available in perpetuity for the purpose of providing disaster recovery assistance in accordance with the provisions of this section; (3) except as provided in subsection (e) of this section, may be used only if: (i) the Governor has declared a State of Emergency; or (ii) a local organization for emergency management requests assistance from the Fund; (4) is not intended to duplicate or replace federal disaster assistance; and (5) may not be used for any other purpose other than those described in this section. (e) A portion of the Fund may be used to administer the Fund, including providing disaster case management resources. (f) (1) The Governor may include in the annual budget bill an appropriation to the Fund. (2) The Fund shall consist of: (i) money appropriated in the State budget to the Fund; (ii) money transferred to the Fund from: (1) the Catastrophic Event Account in accordance with Sec. 7-324 of the State Finance and Procurement Article; and (2) the Revenue Stabilization Account in accordance with Sec. 7-311 of the State Finance and Procurement Article; (iii) repayments of principal and interest from loans made from the Fund; (iv) reimbursements from the federal government or other legal entities for disaster recovery assistance expenditures made from the Fund; (v) interest earnings of the Fund; and (vi) any other money from any other source accepted for the benefit of the Fund. (g) (1) (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. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (h) Any funds expended from the Fund are supplemental to and are not intended to take the place of funding that otherwise would be appropriated to eligible recipients from the Fund for any other purpose. (i) The Department shall: (1) administer the Fund; (2) establish eligibility criteria, policies, and procedures for the administration of the Fund, while considering existing State disaster recovery programs and federal disaster relief and recovery requirements; and (3) consult with appropriate State agencies and local organizations for emergency management in the development of eligibility criteria, policies, and procedures for administration of the Fund. (j) The Department may establish: (1) regulations related to the administration of the Fund; (2) accounts and sub-accounts within the Fund to effectuate the purposes of this section; and (3) formal advisory bodies to advise on the administration of the Fund. (k) (1) On or before December 31, 2023, and on or before each December 31 thereafter, the Secretary shall report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the use of the Fund for the previous fiscal year. (2) The report shall include: (i) the number of State of Emergency declarations by the Governor; (ii) the number of local State of Emergency declarations and local disaster declarations submitted to the Secretary and the reason for each declaration; (iii) a summary of the damage assessment data related to each declaration, and the disposition of each request for the previous fiscal year; (iv) the amount of funding distributed to each eligible entity by the Fund for the previous fiscal year; (v) the Fund balance at the end of the previous fiscal year; (vi) any federal disaster declarations requested and associated damage assessment data for the previous fiscal year; (vii) a summary of any federal disaster assistance received during the previous fiscal year; (viii) a summary of any regulations issued related to the Fund during the previous fiscal year; and (ix) any recommended changes to this section to increase the efficiency and efficacy of the Fund. #### Section 14-111 (a) Only the principal executive officer of a political subdivision may declare a local state of emergency. (b) (1) Except with the consent of the governing body of the political subdivision, a local state of emergency may not continue or be renewed for longer than 30 days. (2) An order or proclamation that declares, continues, or terminates a local state of emergency shall be: (i) given prompt and general publicity; and (ii) filed promptly with the chief local records-keeping agency. (c) Declaration of a local state of emergency: (1) activates the response and recovery aspects of any applicable local state of emergency plan; and (2) authorizes the provision of aid and assistance under the applicable plan. #### Section 14-112 (a) (1) Expenditures necessitated by emergencies shall first be made using money regularly appropriated to State and local agencies. (2) If the Governor finds that regularly appropriated money is inadequate to cope with an emergency, the Board of Public Works may make contingency money available in accordance with the State budget. (b) The State may: (1) accept any allotment of federal money and commodities and manage and dispose of them in whatever manner may be required by federal law; and (2) take advantage of the federal Disaster Relief Act of 1974 and any amendments or supplements to it, and any other federal law that provides grants and public assistance for the purposes of this subtitle and Subtitles 2 and 4 of this title. (c) (1) In carrying out this subtitle, the Governor, Secretary, and executive officers or governing bodies of the political subdivisions shall use the services, equipment, supplies, and facilities of existing agencies and units of the State and the political subdivisions to the maximum extent practicable. (2) The officers and personnel of the agencies and units of the State and the political subdivisions shall cooperate with and extend services and facilities to the Governor, Adjutant General, Secretary, and the local organizations for emergency management on request. (3) At the direction of the Governor, the Maryland National Guard shall use its services, equipment, supplies, and facilities in life-threatening emergencies that are beyond the capabilities of local authorities. (d) (1) If the federal government, another state, or an agency or officer of the federal government or another state offers to this State or a political subdivision services, equipment, supplies, materials, or money by way of gift, grant, or loan for purposes of emergency management, the State acting through the Governor, or the political subdivision acting with the consent of the Governor and through its executive officer or governing body, may: (i) accept the offer; and (ii) authorize an officer of this State or the political subdivision to receive the services, equipment, supplies, materials, or money. (2) If a person offers to the State or a political subdivision aid or assistance, the State or political subdivision may accept the aid and assistance in accordance with paragraph (1) of this subsection. #### Section 14-113 (a) Each emergency management agency established under this subtitle and its officers shall execute and enforce the orders, rules, and regulations made by the Governor under authority of this subtitle. (b) With respect to the threat or occurrence of an enemy attack, act of terrorism, or public health catastrophe, each law enforcement officer of the State or a political subdivision and each health officer of a political subdivision shall execute and enforce the orders, rules, and regulations made by the Governor under authority of this subtitle. #### Section 14-114 (a) A person may not violate an order, rule, or regulation issued under the authority of this subtitle. (b) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. (2) A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both. #### Section 14-115 This subtitle may be cited as the Maryland Emergency Management Act. #### Section 14-116 (a) In this section, "principal department" means a principal department of the Executive Branch of State Government established in Sec. 8-201 of the State Government Article. (b) (1) Each principal department shall: (i) develop a continuity of operations plan to maintain department operations if an emergency or other crisis disrupts normal operations; (ii) annually update the continuity of operations plan; and (iii) submit the continuity of operations plan and updates to the Department. (2) Each continuity of operations plan shall include information regarding: (i) the delineation of essential functions; (ii) the delegation of authority; (iii) the safekeeping of and access to essential records, including electronic records; (iv) continuity locations; (v) continuity communications; (vi) human resources planning; (vii) devolution of essential functions; (viii) reconstitution; and (ix) program validation through testing, training, and exercises. (3) The Department shall develop guidelines and serve as the coordinating agency to assist each principal department to write and maintain a continuity of operations plan. (4) The Department may resolve conflicts between principal department continuity of operations plans. (c) (1) To ensure the State can continue to provide essential government functions during and after an emergency, the Department shall work with each principal department to develop and maintain a continuity of government plan. (2) The continuity of government plan shall include the continuity of operations for essential government functions as identified by the principal departments. (3) The Department shall: (i) present the continuity of government plan to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly by the end of the first calendar year of each gubernatorial term; and (ii) review for revision the continuity of government plan at least once every 4 years. #### Section 14-117 (a) (1) This subsection applies only when the Governor or the head of a unit authorizes an emergency procurement during a state of emergency in order to prepare for or address the state of emergency under: (i) Sec. 14-106(b)(3) of this subtitle; (ii) Sec. 13-108(a) of the State Finance and Procurement Article; or (iii) any other law that grants the Governor authority to authorize an emergency procurement. (2) When the Governor or the head of a unit authorizes an emergency procurement, within 72 hours after the earlier of the execution of the contract or the expenditure of funds, the Governor or head of the unit shall provide written notice to the Legislative Policy Committee, including: (i) the name, business address, and, if applicable, website address of the vendor and the dollar value of the contract; (ii) a description of how the funds are to be used; and (iii) an explanation of the reasons the procurement is necessary to prepare for or address the emergency. (3) After an emergency procurement contract is executed under this subsection: (i) if requested by the Legislative Policy Committee, the Governor or head of the unit shall provide a copy of the contract to the Legislative Policy Committee; and (ii) the Legislative Policy Committee may request that the Office of Legislative Audits conduct an audit of the emergency procurement. (b) (1) This subsection applies only when the Governor suspends the effect of a statute or rule or regulation of an agency of the State or a political subdivision during a state of emergency under: (i) Sec. 14-107(d)(1)(i) of this subtitle; (ii) Sec. 14-108(a)(2) of this subtitle; or (iii) any other provision that grants the Governor authority to suspend the effect of any statute or rule or regulation of an agency of the State or a political subdivision during a state of emergency. (2) Within 72 hours after suspending the effect of a statute or rule or regulation, the Governor shall provide written notice to the Legislative Policy Committee that: (i) identifies the statute or rule or regulation being suspended; and (ii) explains the reasons that suspending the statute or rule or regulation is necessary to address the emergency. (3) When the Governor suspends the effect of a regulation, the Governor shall also provide the notice required under paragraph (2) of this subsection to the Administrative, Executive, and Legislative Review Committee. (c) The Governor may not suspend the effect of this section under: (1) Sec. 14-107(d)(1)(i) of this subtitle; (2) Sec. 14-108(a)(2) of this subtitle; or (3) any other law that grants the Governor authority to suspend the effect of any statute during a state of emergency. ### Subtitle 2. Civil Relief During Emergency Periods #### Section 14-201 (a) In this subtitle the following words have the meanings indicated. (b) "Court" means a court of competent jurisdiction of the State, whether or not a court of record. (c) "Person in emergency management service" means a person who, during the emergency period to which this subtitle is applicable, is a member of or works for the Department or a local emergency management organization. (d) "Person suffering injury or damage" means a person who, during the emergency period to which this subtitle is applicable: (1) suffers serious personal injury; (2) suffers extensive damage to property owned by the person; or (3) has an immediate family member who: (i) dies; (ii) suffers serious personal injury; or (iii) suffers extensive damage to property owned by the family member. #### Section 14-202 (a) The purposes of this subtitle are: (1) to provide for, strengthen, and expedite national defense when emergency conditions threaten the peace and security of the United States and the State; and (2) to enable the State to fulfill more successfully the requirements of national defense. (b) To achieve these purposes, this subtitle temporarily suspends: (1) enforcement of civil liabilities against persons in emergency management service to enable them to devote their entire energy to the emergency management needs of the State and the United States; (2) enforcement of civil liabilities against persons suffering injury or damage to enable them to devote their entire energy to the cure or improvement of the injuries or damage suffered; and (3) legal proceedings and transactions that may prejudice the civil rights of persons in emergency management service or persons suffering injury or damage during the emergency period to which this subtitle is applicable. #### Section 14-203 (a) This subtitle applies to proceedings in any court. (b) This subtitle applies only during the effective period of an official proclamation by the Governor that declares a stated area to be within an actual or threatened emergency or disaster area. #### Section 14-204 (a) This subtitle shall be enforced in accordance with: (1) the usual procedures of the court in which the proceedings are pending; or (2) the rules adopted by the court in which the proceedings are pending. (b) If this subtitle requires that a motion be filed in a court in which no proceeding is pending with respect to the matter, the motion may be filed in any court. #### Section 14-205 (a) If in accordance with this subtitle a court stays, postpones, or suspends the enforcement of an obligation or liability, the prosecution of a suit or proceeding, the entry or enforcement of an order, writ, judgment, or decree, or the performance of any other act, the court may also grant the same stay, postponement, or suspension to a surety, guarantor, endorser, or other person subject to the same obligation or liability, the performance or enforcement of which is stayed, postponed, or suspended. (b) If in accordance with this subtitle a court vacates or sets aside all or part of a judgment or decree, the court may also vacate or set aside all or part of the judgment or decree as to a surety, guarantor, endorser, or other person liable under the contract or liability for the enforcement of which the judgment or decree was entered. #### Section 14-206 (a) Notwithstanding any other provision of this subtitle, if in a proceeding to enforce a civil right in a court the court finds that an interest, property, or contract was transferred or acquired with intent to delay the just enforcement of the civil right by taking advantage of this subtitle, the court shall enter an appropriate judgment or issue an appropriate order. (b) On its own initiative or otherwise, a court may revoke, modify, or extend an interlocutory order issued by the court under this subtitle on notice to the affected parties as the court requires. #### Section 14-207 (a) (1) The period during which a person is a person in emergency management service or person suffering injury or damage is not included in computing any period of limitations applicable to bringing an action by or against: (i) the person in emergency management service; (ii) the person suffering injury or damage; or (iii) an heir, executor, administrator, or assign of: (1) the person in emergency management service; or (2) the person suffering injury or damage. (2) Paragraph (1) of this subsection applies whether the cause of action accrues before the person becomes, or during the period that the person is, a person in emergency management service or person suffering injury or damage. (b) (1) (i) If a person in emergency management service is reported missing, the person is presumed to continue to be a person in emergency management service until the person is accounted for. (ii) If a person suffering injury or damage is reported missing, the person is presumed to continue to be a person suffering injury or damage until the person is accounted for. (2) A period of limitations that begins or ends with the death of a person in emergency management service or person suffering injury or damage does not begin or end until the death: (i) is in fact confirmed; or (ii) is found by a court. #### Section 14-208 (a) (1) Before a court enters judgment in a proceeding in any court in which the defendant fails to appear: (i) the plaintiff shall file in the court an affidavit that sets forth facts that show that the defendant is not a person in emergency management service or person suffering injury or damage; or (ii) if the plaintiff is unable to file an affidavit in accordance with item (i) of this paragraph, the plaintiff shall file an affidavit that states that: (1) the defendant is a person in emergency management service or person suffering injury or damage; or (2) the plaintiff is unable to determine whether the defendant is a person in emergency management service or person suffering injury or damage. (2) If the plaintiff does not file an affidavit in accordance with paragraph (1)(i) of this subsection, judgment may not be entered until the court: (i) orders entry of the judgment; and (ii) appoints an attorney to represent the defendant in accordance with paragraph (3) of this subsection. (3) The court on motion shall appoint an attorney to represent the defendant and to protect the defendant's interests, if the defendant is a person in emergency management service or person suffering injury or damage. (4) Unless the court finds that the defendant is not a person in emergency management service or person suffering injury or damage, the court before entering judgment may require that the plaintiff file a bond approved by the court to indemnify the defendant against any loss or damage that the defendant may suffer because of the judgment if all or part of the judgment is later set aside. (5) The court may issue any other order or enter any judgment that the court considers necessary to protect the rights of the defendant under this subtitle. (b) (1) If a person in emergency management service or person suffering injury or damage is party to a proceeding and does not personally appear in the proceeding or is not represented by an authorized attorney, the court may: (i) appoint an attorney to represent the person; (ii) require a bond to be filed like the bond required under subsection (a)(4) of this section; and (iii) issue an order to protect the rights of the person. (2) An attorney appointed under this subsection may not waive any right of the person for whom the attorney is appointed or bind the person by the attorney's acts. (c) (1) Not later than 90 days after a defendant ceased to be a person in emergency management service or person suffering injury or damage, the defendant or legal representative of the defendant may file with the court that entered a judgment against the defendant in a proceeding subject to this section a motion to open the judgment against the defendant if: (i) the judgment was entered during the period that the defendant was, or within 30 days after the defendant ceased to be, a person in emergency management service or person suffering injury or damage; and (ii) the court finds that the defendant: (1) was prejudiced in defending against the action because the person was a person in emergency management service or person suffering injury or damage; and (2) has a meritorious or legal defense against all or part of the action in which the judgment was entered. (2) Vacating, setting aside, or reversing a judgment because of this subtitle does not impair any right or title acquired by a bona fide purchaser for value under the judgment. (d) (1) At any stage of a proceeding in a court in which a person in emergency management service or person suffering injury or damage is a plaintiff or defendant: (i) on its own initiative the court may stay the proceeding; and (ii) except as provided in paragraph (3) of this subsection, the court shall stay the proceeding on motion by the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person. (2) A proceeding may be stayed under this subsection during the period that the plaintiff or defendant is, or within 60 days after the plaintiff or defendant ceased to be, a person in emergency management service or person suffering injury or damage. (3) The court need not issue a stay under this subsection if the court finds that being a person in emergency management service or person suffering injury or damage did not materially affect the ability of the plaintiff to prosecute the action or the ability of the defendant to conduct a defense. #### Section 14-209 (a) If an action for compliance with the terms of a contract is stayed under this subtitle, a fine or penalty does not accrue because of failure to comply with the terms of the contract during the period of the stay. (b) A court may provide relief against the enforcement of a fine or penalty for nonperformance of a contract if the court finds that: (1) a person failed to perform an obligation and a fine or penalty for nonperformance was incurred; (2) the fine or penalty was incurred during the period that the person was a person in emergency management service or person suffering injury or damage; and (3) the ability of the person to pay the fine or penalty or perform the obligation was materially impaired because the person was a person in emergency management service or person suffering injury or damage. #### Section 14-210 (a) In a proceeding in a court against a person in emergency management service or person suffering injury or damage: (1) on its own initiative the court may: (i) stay the execution of a judgment or order entered against the person in emergency management service or person suffering injury or damage; and (ii) vacate or stay an attachment or garnishment of property, money, or debts held by another person, whether before or after judgment; and (2) subject to subsection (c) of this section, on motion of the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, the court shall: (i) stay the execution of a judgment or order entered against the person in emergency management service or person suffering injury or damage; and (ii) vacate or stay an attachment or garnishment of property, money, or debts held by another person, whether before or after judgment. (b) This section applies to a proceeding in a court before or during the period that the person is, or within 60 days after the person ceased to be, a person in emergency management service or person suffering injury or damage. (c) The court need not vacate or stay a judgment or order entered or sought under this section if the court finds that the ability of the defendant to comply with the judgment or order entered or sought was not materially affected because the defendant was a person in emergency management service or person suffering injury or damage. #### Section 14-211 (a) Except as otherwise provided, a court under this subtitle may stay an action, proceeding, attachment, or execution: (1) for all or part of the period during which a person is, and for 3 months after the person ceased to be, a person in emergency management service or person suffering injury or damage; and (2) subject to the terms that the court considers just, including payment in installments in the amounts and at the times set by the court. (b) Notwithstanding subsection (a) of this section, the court may allow a plaintiff to proceed against a co-defendant of a person in emergency management service or person suffering injury or damage. #### Section 14-212 (a) Except by order of court in a proceeding affecting the right of possession, an action for eviction or distress may not be brought against a person in emergency management service or person suffering injury or damage if: (1) the rent for the premises does not exceed $150 per month; and (2) the premises are occupied for dwelling purposes by the spouse, children, or other dependents of the person in emergency management service or person suffering injury or damage. (b) (1) In a proceeding affecting the right of possession: (i) (1) on its own initiative the court may stay the proceeding for a period not exceeding 3 months; and (2) subject to paragraph (2) of this subsection, on motion the court shall stay the proceeding for a period not exceeding 3 months; or (ii) the court may issue any other order. (2) The court need not stay the action if the court finds that the ability of a tenant to pay the agreed rent was not materially affected because the tenant was a person in emergency management service or person suffering injury or damage. #### Section 14-213 (a) (1) For nonpayment of an installment due under a contract for the purchase of real or personal property or a contract of lease or bailment with the option to purchase the property, a person or the person's assignee may not exercise a right or option under the contract to rescind or terminate the contract or resume possession of the property if: (i) the person or the person's assignee received under the contract a deposit or installment of the purchase price of the property from another person or the assignee of that person who, after making the deposit or installment, became a person in emergency management service or person suffering injury or damage; and (ii) the attempt to exercise the right or option under the contract occurred while the person who made the deposit or installment was a person in emergency management service or person suffering injury or damage. (2) Paragraph (1) of this subsection does not apply if a court allows the person or the person's assignee to exercise the right or option under the contract. (3) This subsection does not prevent the parties to a contract or their assignees from mutually agreeing in an executed writing, after the making of the contract and during or after the period that a party to the contract is a person in emergency management service, to: (i) modify, terminate, or cancel the contract; or (ii) repossess or retain the property purchased or received by that party under the contract. (b) (1) After a hearing on the action: (i) the court may order the repayment of all or part of any prior installment or deposit as a condition of terminating the contract and resuming possession of the property; (ii) (1) on its own initiative the court may stay the action; and (2) except as provided in Sec. 14-215 of this subtitle, on motion by a person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, the court shall stay the action; or (iii) the court may otherwise dispose of the case as it considers equitable to preserve the interests of the parties. (2) The court need not stay the action if the court finds that the ability of the defendant to comply with the terms of the contract was not materially affected because the defendant was a person in emergency management service or person suffering injury or damage. #### Section 14-214 (a) This section applies only to an obligation that: (1) is on real or personal property that is owned by a person when the person becomes a person in emergency management service or person suffering injury or damage; (2) originates before the person became a person in emergency management service or person suffering injury or damage; and (3) is secured by a mortgage, deed of trust, or other security in the nature of a mortgage. (b) (1) In a proceeding in a court against a person in emergency management service or person suffering injury or damage to enforce an obligation subject to this section arising out of the nonpayment of a sum due under the obligation or arising out of a breach of the obligation that occurs before or during the period that the person is a person in emergency management service or person suffering injury or damage: (i) on its own initiative the court, after hearing, may stay the proceeding or otherwise dispose of the case as it considers equitable to preserve the interests of the parties; and (ii) except as provided in Sec. 14-215 of this subtitle, on motion by a person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, the court shall stay the proceeding or otherwise dispose of the case as it considers equitable to preserve the interests of the parties. (2) The court need not stay the proceeding if the court finds that the ability of the defendant to comply with the terms of the obligation was not materially affected because the defendant was a person in emergency management service or person suffering injury or damage. (c) Except on an order of sale previously granted by a court and a return to the order made and approved by the court, a sale under a power of sale or under a judgment entered on a confession of judgment contained in an obligation subject to this section is not valid if made during the period that the person who owns the property is, or within 3 months after the person ceased to be, a person in emergency management service or person suffering injury or damage. #### Section 14-215 (a) Except if a court finds that 50% or more of the purchase price of a motor vehicle, tractor, or the accessories of a motor vehicle or tractor has been paid, a court may not stay a proceeding to resume possession of or to order the sale of a motor vehicle, tractor, or the accessories of a motor vehicle or tractor that is encumbered by a purchase money mortgage, conditional sales contract, or a lease or bailment with an option to purchase. (b) Before entering an order or judgment in a proceeding to resume possession of or to order the sale of a motor vehicle, tractor, or the accessories of a motor vehicle or tractor, the court may require the plaintiff to file a bond approved by the court to indemnify the defendant, if the defendant is a person in emergency management service or person suffering injury or damage, against any loss or damage that the defendant may suffer because of the judgment or order if all or part of the judgment or order is set aside. #### Section 14-216 (a) This section applies to real property: (1) on which general or special taxes or assessments fall due but are not paid during the period a person is a person in emergency management service or person suffering injury or damage; and (2) that: (i) is owned and occupied as a dwelling or for agricultural or business purposes by the person in emergency management service, person suffering injury or damage, or a dependent or employee of that person when the person becomes a person in emergency management service or person suffering injury or damage; and (ii) continues to be occupied by the dependents or employees. (b) (1) Except by order of court granted on motion by the collector of taxes or another officer whose duty is to enforce the collection of taxes or assessments, the property of a person in emergency management service or person suffering injury or damage may not be sold to enforce the collection of a tax or assessment, and a proceeding to enforce the collection of a tax or assessment may not be brought, if the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, files with the collector of taxes or other officer an affidavit that shows that: (i) a tax or assessment has been assessed on property subject to this section; (ii) the tax or assessment is unpaid; and (iii) the person's ability to pay the tax or assessment is materially affected because the person is a person in emergency management service or person suffering injury or damage. (2) The court may stay the proceedings or sale for a period not exceeding 6 months after the person owing the tax ceased to be a person in emergency management service or person suffering injury or damage. (c) (1) Except as provided in paragraph (2) of this subsection, if by law property subject to this section is sold or forfeited to enforce the collection of a tax or assessment on the property, a person in emergency management service or person suffering injury or damage may redeem the property or bring an action to redeem the property not later than 6 months after the person ceased to be a person in emergency management service or person suffering injury or damage. (2) Paragraph (1) of this subsection does not shorten any period for redemption provided by State law. (d) (1) (i) If a tax or assessment on property subject to this section is not paid when due, interest on the tax or assessment due and unpaid shall accrue at the rate of 6% per year. (ii) No other penalty or interest may be imposed because of the nonpayment. (2) A lien for unpaid taxes or an unpaid assessment shall include any interest that accrues under this subsection. #### Section 14-217 (a) (1) If a person's ability to pay income tax is materially impaired because the person is a person in emergency management service or person suffering injury or damage, the collection of income tax from that person that was due before the person became, or that falls due during the period that the person is, a person in emergency management service or person suffering injury or damage shall be deferred for a period not exceeding 6 months after the person ceased to be a person in emergency management service or person suffering injury or damage. (2) If the collection of income taxes is deferred under this section, the running of a statute of limitations against the collection of those taxes is suspended for a period of 9 months after the person ceased to be a person in emergency management service or person suffering injury or damage. (b) (1) Interest on the amount of tax due and unpaid does not accrue during the period that the collection of the tax is deferred under this section. (2) A penalty for nonpayment of tax does not accrue during the period that the collection of tax is deferred under this section. #### Section 14-218 (a) A person may not make or use an affidavit required under Sec. 14-208 of this subtitle if the person knows the affidavit is false. (b) A person may not knowingly participate in an eviction or distress in a manner other than in accordance with Sec. 14-212 of this subtitle. (c) A person may not knowingly resume possession of property subject to Sec. 14-213 of this subtitle in a manner other than in accordance with Sec. 14-213(a) of this subtitle. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. #### Section 14-219 (a) (1) In this section the following words have the meanings indicated. (2) "Declared State disaster or emergency" means any disaster or emergency event for which: (i) the Governor proclaims a state of emergency; (ii) a Presidential Declaration of a federal major disaster or emergency is issued; or (iii) a widespread utility outage occurs. (3) "Disaster- or emergency-related work" means repairing, renovating, installing, building, rendering services, or other business activities that relate to infrastructure that is damaged, impaired, or destroyed by the declared State disaster or emergency. (4) "Disaster period" means a period that begins 10 days before the first day of the declared State disaster or emergency and extends for a period of 60 calendar days after the end of the declared State disaster or emergency. (5) (i) "Infrastructure" means property and equipment owned or used by communications networks, electric generation facilities, electric and gas transmission and distribution systems, water pipelines, and related support facilities. (ii) "Infrastructure" includes real and personal property. (6) (i) "Out-of-state business" means a business entity that: (1) has no registrations, nexus, or tax filings in the State prior to the declared State disaster or emergency; and (2) is requested by a registered business or the State or a local government to perform disaster or emergency related work during a disaster period. (ii) "Out-of-state business" includes a business entity that is affiliated with a registered business in the State solely through common ownership. (7) "Out-of-state employee" means an employee who does not work in the State, except during a declared State disaster or emergency. (8) "Registered business" means a business entity that is currently registered to do business in the State before the declared State disaster or emergency. (b) An out-of-state business that performs disaster- or emergency-related work during a disaster period does not establish a level of presence that would require the out-of-state business or its out-of-state employees to be subject to: (1) State or local licensing or registration requirements; (2) State or county income taxes; (3) unemployment insurance contributions; (4) personal property tax; or (5) any requirement to collect and remit the sales and use tax. (c) (1) An out-of-state employee may not be required to pay State or county income taxes or be subject to income tax withholding requirements. (2) An out-of-state business that employs an out-of-state employee may not be required to pay State or county income taxes or be subject to income tax withholding requirements with respect to any out-of-state employees. (d) (1) An out-of-state business shall provide to the Comptroller a statement that the out-of-state business is in the State solely for purposes of performing disaster- or emergency-related work. (2) The statement required under paragraph (1) of this subsection shall include for the out-of-state business: (i) the name; (ii) the state of domicile; (iii) the principal address; (iv) the federal tax identification number; (v) the date of entry into the State; and (vi) contact information. (e) A registered business in the State shall provide the information required under subsection (d) of this section for any out-of-state business affiliate that enters the State to perform disaster- or emergency-related work. ### Subtitle 3. Governor's Emergency Powers #### Section 14-301 (a) In this subtitle the following words have the meanings indicated. (b) "Alternate care site" means an area that: (1) (i) is not located on a health care facility's premises; or (ii) is located on a health care facility's premises in an area not typically used to provide medical services, nursing services, or other health-related services; and (2) is used by a licensed health care facility: (i) to provide medical services, nursing services, or other health-related services during a declared state of emergency; and (ii) that has access to an emergency electrical power generator. (c) "Energy emergency" means a situation in which the health, safety, or welfare of the public is threatened by an actual or impending acute shortage in energy resources. (d) "Health care facility" has the meaning stated in Sec. 19-114 of the Health - General Article. (e) "Public emergency" means: (1) a situation in which three or more individuals are at the same time and in the same place engaged in tumultuous conduct that leads to the commission of unlawful acts that disturb the public peace or cause the unlawful destruction or damage of public or private property; (2) a crisis, disaster, riot, or catastrophe; or (3) an energy emergency. #### Section 14-302 (a) The General Assembly recognizes the Governor's broad authority in the exercise of the police power of the State to provide adequate control over persons and conditions during impending or actual public emergencies. (b) This subtitle shall be broadly construed to carry out the purpose of this subtitle. #### Section 14-303 (a) During a public emergency in the State, the Governor may proclaim a state of emergency and designate the emergency area: (1) if public safety is endangered or on reasonable apprehension of immediate danger to public safety; and (2) on: (i) the Governor's own initiative; or (ii) the application of: (1) the chief executive officer or governing body of a county or municipal corporation; or (2) the Secretary of State Police. (b) After proclaiming a state of emergency, the Governor may promulgate reasonable orders, rules, or regulations that the Governor considers necessary to protect life and property or calculated effectively to control and terminate the public emergency in the emergency area, including orders, rules, or regulations to: (1) control traffic, including public and private transportation, in the emergency area; (2) designate specific zones in the emergency area in which the occupancy and use of buildings and vehicles may be controlled; (3) control the movement of individuals or vehicles into, in, or from the designated zones; (4) control places of amusement and places of assembly; (5) control individuals on public streets; (6) establish curfews; (7) control the sale, transportation, and use of alcoholic beverages; (8) control the possession, sale, carrying, and use of firearms, other dangerous weapons, and ammunition; (9) control the storage, use, and transportation of explosives or flammable materials or liquids considered to be dangerous to public safety, including "Molotov cocktails"; and (10) authorize the use of alternate care sites. (c) Before an order, rule, or regulation promulgated under subsection (b) of this section takes effect, the Governor shall give reasonable notice of the order, rule, or regulation: (1) in a newspaper of general circulation in the emergency area; (2) through television or radio serving the emergency area; or (3) by circulating notices or posting signs at conspicuous places in the emergency area. (d) An order, rule, or regulation promulgated under subsection (b) of this section: (1) takes effect from the time and in the manner specified in the order, rule, or regulation; (2) may be amended or rescinded, in the same manner as the original order, by the Governor at any time during the state of emergency; and (3) terminates when the Governor declares that the state of emergency no longer exists. #### Section 14-304 (a) On reasonable apprehension that an energy emergency exists, the Governor may proclaim a state of emergency. (b) Notwithstanding any other provision or limitation of State or local law, if the Governor proclaims a state of emergency under this section, in addition to any other order, rule, or regulation promulgated under this subtitle, the Governor may promulgate orders, rules, or regulations to: (1) establish and implement programs, controls, standards, priorities, and quotas for the allocation, conservation, and consumption of energy resources; (2) suspend and modify existing standards and requirements affecting or affected by the use of energy resources, including those that relate to air quality control, the type and composition of various energy resources, the production and distribution of energy resources, and the hours and days during which public buildings and commercial and industrial establishments are authorized or required to remain open; and (3) establish and implement regional programs and agreements to coordinate the energy resource programs and actions of the State with those of the federal government and of other states and localities. (c) Instead of or in addition to the penalties provided in Sec. 14-308 of this subtitle, an order, rule, or regulation promulgated by the Governor under this section may provide for: (1) the imposition of a civil penalty not exceeding $1,000 for each violation; and (2) the method and conditions of collecting the civil penalty. (d) (1) In this subsection, "Committee" means: (i) the Joint Committee on Administrative, Executive, and Legislative Review; or (ii) any other joint committee substituted by the General Assembly by law to carry out the responsibilities of the Joint Committee on Administrative, Executive, and Legislative Review with respect to an energy emergency. (2) Before promulgating an order, rule, or regulation under this section, the Governor shall submit the order, rule, or regulation to the Committee for approval or rejection. (3) (i) Except as provided in subparagraph (ii) of this paragraph, if the Committee fails to take action on the order, rule, or regulation within 7 days after its submission, the order, rule, or regulation takes effect as promulgated by the Governor. (ii) (1) If because of extraordinary circumstances it is not feasible to secure the prior approval of the Committee, an order, rule, or regulation takes effect immediately. (2) Within 2 days after it takes effect, the order, rule, or regulation shall be communicated to the chairman of the Committee. (3) The full Committee shall be convened within 5 days after the order, rule, or regulation is communicated to the chairman. (4) The order, rule, or regulation is subject to disapproval by the full Committee. (4) All records of orders, rules, regulations, and Committee meetings are open to the public. (e) This section does not authorize the establishment of oil refineries, deep water ports, offshore drilling facilities, or other similar major capital facilities. (f) In addition to the specific emergency powers contained in this subtitle, the General Assembly recognizes and confirms the Governor's power to exercise fully the authority necessary to implement any federal mandatory energy emergency program as set forth in any federal programs, laws, orders, rules, or regulations that relate to the allocation, conservation, or consumption of energy resources. #### Section 14-305 (a) If the Governor proclaims that a state of emergency exists, each law enforcement agency, fire company, or rescue squad of the State, a county, or municipal corporation shall: (1) cooperate in any manner requested by the Governor or the Governor's designated representative; and (2) subject to subsection (b) of this section, allow the use of its equipment, facilities, and personnel if the use is required by the Governor or the Governor's designated representative. (b) The use of equipment, facilities, and personnel under subsection (a)(2) of this section may not substantially interfere with the normal duties of a law enforcement agency, fire company, or rescue squad located outside an area designated by the Governor as an emergency area. (c) (1) Subject to paragraph (2) of this subsection, if the Governor proclaims that a state of emergency exists, the Department of State Police may take any action it considers necessary to assist local law enforcement agencies. (2) Any action that the Department of State Police takes under this subsection shall be reasonably calculated effectively to control and terminate the public emergency. (d) A law enforcement agency of a county or municipal corporation shall notify the Secretary of State Police if the local law enforcement agency receives notice of a threatened or actual disturbance that indicates the possibility of serious domestic violence. (e) Except as provided in Sec. 14-306 of this subtitle, each law enforcement agency, fire company, or rescue squad of the State, a county, or municipal corporation within an emergency area shall operate under the direction of the person designated by order of the Governor. #### Section 14-306 (a) In this section, "militia" means the organized and unorganized militia as described in Sec. 13-203 of this article. (b) If the Governor proclaims that a state of emergency exists, the Governor may call the militia into action. (c) (1) The militia shall have full power and responsibility for the area designated by the Governor as an emergency area. (2) Each law enforcement agency, law enforcement official, fire company, and rescue squad in the emergency area, including the Department of State Police, shall cooperate with the militia and operate under its direction. (d) The chief executive officer or governing body of a county or municipal corporation may request the Governor to provide the militia to help bring under control conditions existing within the county or municipal corporation that, in the requestor's judgment, the local law enforcement agencies cannot control without additional personnel. #### Section 14-307 (a) In this section, "emergency" includes an emergency that results from fire, flood, riot, robbery, weather, or other cause. (b) If an emergency exists in a political subdivision, the Governor may proclaim a day for the general cessation of business in that political subdivision. (c) If an emergency exists as to a banking institution, the Governor: (1) may proclaim a day on which the banking institution may remain closed; and (2) shall limit the proclamation to the principal banking office and branch offices of the banking institution that the emergency affects. #### Section 14-308 The State shall repair or replace any equipment, facilities, or property that is damaged while being used in accordance with the proclamation of a state of emergency. #### Section 14-309 (a) A person may not violate this subtitle or an order, rule, or regulation promulgated under this subtitle. (b) In meeting the requirements of an order, rule, or regulation promulgated under this subtitle or in applying for a service or benefit provided by the State in the allocation or assignment of energy supplies, a person may not willfully: (1) conceal a material fact; (2) make a false, fictitious, or fraudulent statement or representation; or (3) use a false writing or document that contains a false, fictitious, or fraudulent statement. (c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. (2) A violation of the Maryland Vehicle Law for which a penalty is provided is not subject to the penalties of this section. ### Subtitle 3A. Governor's Health Emergency Powers #### Section 14-3A-01 (a) In this subtitle the following words have the meanings indicated. (b) "Catastrophic health emergency" means a situation in which extensive loss of life or serious disability is threatened imminently because of exposure to a deadly agent. (c) "Deadly agent" means: (1) anthrax, ebola, plague, smallpox, tularemia, or other bacterial, fungal, rickettsial, or viral agent, biological toxin, or other biological agent capable of causing extensive loss of life or serious disability; (2) mustard gas, nerve gas, or other chemical agent capable of causing extensive loss of life or serious disability; or (3) radiation at levels capable of causing extensive loss of life or serious disability. (d) "Exposure to a deadly agent" means a threat to human health caused by the release, distribution, or transmission of a deadly agent in: (1) this State; or (2) another jurisdiction because of movement into the State of the deadly agent or of individuals exposed to the deadly agent. (e) "Health care provider" means: (1) a health care facility as defined in Sec. 19-114(d)(1) of the Health - General Article; (2) a health care practitioner as defined in Sec. 19-114(e) of the Health - General Article; and (3) an individual licensed or certified as an emergency medical services provider under Sec. 13-516 of the Education Article. (f) "Secretary" means the Secretary of Health. #### Section 14-3A-02 (a) If the Governor determines that a catastrophic health emergency exists, the Governor may issue a proclamation under this subtitle. (b) The proclamation shall indicate: (1) the nature of the catastrophic health emergency; (2) the areas threatened or affected; and (3) the conditions that: (i) led to the catastrophic health emergency; or (ii) made possible the termination of the emergency. (c) (1) The Governor shall rescind a proclamation issued under this section whenever the Governor determines that the catastrophic health emergency no longer exists. (2) Unless renewed, the proclamation expires 30 days after issuance. (3) The Governor may renew the proclamation for successive periods, each not to exceed 30 days, if the Governor determines that a catastrophic health emergency continues to exist. #### Section 14-3A-03 (a) After the Governor issues a proclamation under this subtitle, the Governor may issue the orders authorized in this section. (b) (1) The Governor may order the Secretary or other designated official to: (i) seize immediately anything needed to respond to the medical consequences of the catastrophic health emergency; and (ii) work collaboratively, to the extent feasible, with health care providers to designate and gain access to a facility needed to respond to the catastrophic health emergency. (2) The Governor may order the Secretary or other designated official to control, restrict, or regulate the use, sale, dispensing, distribution, or transportation of anything needed to respond to the medical consequences of the catastrophic health emergency by: (i) rationing or using quotas; (ii) creating and distributing stockpiles; (iii) prohibiting shipments; (iv) setting prices; or (v) taking other appropriate actions. (3) If medically necessary and reasonable to treat, prevent, or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent, the Governor may order the Secretary or other designated official to: (i) require individuals to submit to medical examination or testing; (ii) require individuals to submit to vaccination or medical treatment unless the vaccination or treatment likely will cause serious harm to the individual; (iii) establish places of treatment, isolation, and quarantine; or (iv) require individuals to go to and remain in places of isolation or quarantine until the Secretary or other designated official determines that the individuals no longer pose a substantial risk of transmitting the disease or condition to the public. (c) The Governor may order any health care provider, who does not voluntarily participate, to participate in disease surveillance, treatment, and suppression efforts or otherwise comply with the directives of the Secretary or other designated official. (d) (1) The Governor may order the evacuation, closing, or decontamination of any facility. (2) If necessary and reasonable to save lives or prevent exposure to a deadly agent, the Governor may order individuals to remain indoors or refrain from congregating. #### Section 14-3A-04 The Secretary may require an individual to go to and remain in a place of isolation or quarantine until the Secretary determines that the individual no longer poses a substantial risk of transmitting a disease or condition to the public if the individual: (1) is a competent adult; and (2) refuses an order under Sec. 14-3A-03(b)(3) of this subtitle for: (i) vaccination; (ii) medical examination; (iii) treatment; or (iv) testing. #### Section 14-3A-05 (a) If the Secretary or other designated official requires an individual or a group of individuals to go to and remain in places of isolation or quarantine under Sec. 14-3A-03(b)(3) of this subtitle, the Secretary shall issue a directive to the individual or group of individuals. (b) (1) The directive shall specify: (i) the identity of the individual or group of individuals that are subject to isolation or quarantine; (ii) the premises that are subject to isolation or quarantine; (iii) the date and time when the isolation or quarantine starts; (iv) the suspected deadly agent causing the outbreak or disease, if known; (v) the justification for the isolation or quarantine; and (vi) the availability of a hearing to contest the directive. (2) Except as provided in paragraph (3) of this subsection, the directive shall be: (i) in writing; and (ii) given to those subject to the directive before the directive takes effect. (3) (i) If the Secretary or other designated official determines that the notice required in paragraph (2) of this subsection is impracticable because of the number of individuals or geographical areas affected, the Secretary or other designated official shall ensure that the affected individuals are fully informed of the directive using the best possible means available. (ii) If the directive applies to a group of individuals and it is impracticable to provide individual written copies under paragraph (2) of this subsection, the written directive may be posted in a conspicuous place in the isolation or quarantine premises. (c) (1) An individual or group of individuals isolated or quarantined under Sec. 14-3A-03(b)(3) of this subtitle may request a hearing in a circuit court to contest the isolation or quarantine. (2) A request for a hearing does not stay or enjoin an isolation or quarantine directive. (3) A court that receives a request under this subsection shall hold a hearing within 3 days after receipt of the request. (4) In any proceedings brought for relief under this subsection, the court may extend the time for a hearing: (i) if the Secretary or other designated official shows that extraordinary circumstances exist that justify the extension; and (ii) after considering the rights of the affected individual or group of individuals, the protection of the public health, the severity of the catastrophic health emergency, and the availability of any necessary witnesses and evidence. (5) (i) The court shall grant the request for relief unless the court determines that the isolation or quarantine directive is necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent. (ii) The court in making its determination may consider, if feasible, the means of transmission, the degree of contagion, and, to the extent possible, the degree of public exposure to the disease. (6) Subject to paragraph (7) of this subsection, if the court issues an order that authorizes the isolation or quarantine, the order shall: (i) identify the isolated or quarantined individual or group of individuals by name or shared characteristics; (ii) specify factual findings warranting isolation or quarantine; and (iii) be in writing and given to the individual or group of individuals. (7) If the court determines that the delivery required by paragraph (6)(iii) of this subsection is impracticable because of the number of individuals or geographical area affected, the court shall ensure that the affected individuals are fully informed of the order using the best possible means available. (d) (1) An order under subsection (c) of this section may authorize isolation or quarantine for not more than 30 days. (2) Before the order expires, the Secretary or designated official may request the court to continue the isolation or quarantine for additional 30-day periods. (3) The court shall base its decision on the standards provided under subsection (c)(5) of this section. (e) If an individual cannot appear personally before the court, proceedings may be conducted: (1) by the individual's authorized representative; and (2) in a way that allows full participation by other individuals. (f) (1) Subject to any emergency rules that the Supreme Court of Maryland adopts under paragraph (3) of this subsection, the court may order the consolidation of individual claims into group claims in proceedings brought under this section if: (i) the large number of individuals involved or affected makes individual participation impracticable; (ii) questions of law or fact that are common to the individual claims or rights must be determined; (iii) the group claims or rights to be determined are typical of the affected individual's claims or rights; or (iv) the entire group will be adequately represented in the consolidation. (2) The Supreme Court of Maryland shall appoint counsel to represent individuals or a group of individuals who are not otherwise represented by counsel. (3) The Supreme Court of Maryland shall adopt emergency rules of procedure to facilitate the efficient adjudication of proceedings brought under this section. #### Section 14-3A-06 A health care provider is immune from civil or criminal liability if the health care provider acts in good faith and under a catastrophic health emergency proclamation. #### Section 14-3A-07 The authority granted under this subtitle is in addition to, and not in derogation of, any other authority that the Governor, the Secretary, or any other public official may exercise under other law. #### Section 14-3A-08 (a) (1) Except as provided in subsection (b) of this section, a person may not knowingly and willfully fail to comply with an order, requirement, or directive issued under this subtitle. (2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both. (b) (1) A health care practitioner, as defined in Sec. 19-114(e) of the Health - General Article, may not knowingly and willfully fail to comply with Sec. 14-3A-03(c) of this subtitle. (2) A health care practitioner who fails to comply with paragraph (1) of this subsection shall be subject to discipline under Sec. 1-219 of the Health Occupations Article. ### Subtitle 4. Other Emergency Powers and Provisions #### Section 14-401 In this subtitle, "local governing body" means: (1) a board of county commissioners; (2) a county council; or (3) the Mayor and City Council of Baltimore. #### Section 14-402 (a) The powers in this section may be exercised only during the effective period of an official proclamation by the Governor that declares all or part of the county to be in an actual or threatened emergency area. (b) If a majority of the members of the local governing body of a county are killed or are sick, incapacitated, missing, or otherwise unavailable for a temporary or indefinite period because of a military or warlike catastrophe, the Governor may exercise the administrative and executive powers of that local governing body until the number of members of the local governing body sufficient to operate the county government are appointed and qualify. #### Section 14-403 (a) In this section, "executive officer" means the mayor or comparable official of the legislative body of a municipal corporation of the State. (b) The powers in this section may be exercised only during the effective period of an official proclamation by the Governor that declares all or part of the municipal corporation to be in an actual or threatened emergency area. (c) (1) If an executive officer is killed or is sick, incapacitated, missing, or otherwise unavailable for a temporary or indefinite period because of a military or warlike catastrophe, and the municipal corporation is unable to fill that vacancy for a temporary or indefinite period, the local governing body of the county in which the municipal corporation is located may appoint an individual to fill the vacancy for a temporary or indefinite period. (2) If the vacancy is in a municipal corporation that is located in more than one county: (i) the local governing body of any of the counties in which part of the municipal corporation is located may appoint an individual to fill the vacancy; or (ii) the local governing bodies of the counties may agree to appoint an individual to fill the vacancy. (d) To the extent possible, each appointee shall have the qualifications required for the particular office to which appointed. (e) Each appointee may exercise the powers and prerogatives of an officer elected to the position. (f) Each appointee shall hold office until: (1) the executive officer originally holding the position returns to the position; or (2) the position is filled by the regular election and qualification of a successor. (g) Under the circumstances described in this section, the Governor may exercise the executive and administrative powers of the municipal government until the number of individuals sufficient to operate the municipal government are appointed and qualified as executive officers. #### Section 14-404 (a) In this section, "tax district" includes: (1) a special tax area; (2) a special tax district; (3) a sanitary district; and (4) a water district. (b) The powers in this section may be exercised only during the effective period of an official proclamation by the Governor that declares all or part of the tax district to be in an actual or threatened emergency area. (c) If a majority of the members of the governing body of a tax district in the State are killed or are sick, incapacitated, missing, or otherwise unavailable for a temporary or indefinite period because of a military or warlike catastrophe, and the tax district is unable to function normally for a temporary or indefinite period, the Governor may exercise the executive and administrative powers of the tax district until the number of members of the governing body of the tax district sufficient to operate the governing body are appointed and qualified in accordance with the procedures of the governing body. #### Section 14-405 (a) (1) If there is serious human suffering, death, personal injury, or property damage in a county because of a military or warlike catastrophe, the local governing body has the powers granted in this section. (2) The powers in this section may be exercised only during the effective period of an official proclamation by the Governor that declares all or part of the county to be in an actual or threatened emergency area. (b) The local governing body may borrow money or contract for materials or services on the faith and credit of the county. (c) (1) To pay for the money borrowed or the materials or services contracted for under subsection (b) of this section, the local governing body may issue bonds, notes, or other certificates of indebtedness on the faith and credit of the county to a person or governmental unit that lends the money or supplies the materials or services. (2) The local governing body may set the terms, conditions, rate of interest, and provisions for repayment of the bonds, notes, or other certificates of indebtedness issued under this subsection. (d) The local governing body may impose a special levy on taxable property in the county in an amount sufficient to: (1) pay for the money borrowed or the materials and services contracted for under subsection (b) of this section; and (2) make all payments of principal and interest on the bonds, notes, or other certificates of indebtedness issued under subsection (c) of this section that are outstanding. (e) Money, materials, or services obtained under subsection (b) of this section may be secured, expended, or used in cooperation with other governmental units on a matching basis or otherwise as determined by the local governing body. (f) Any legal restrictions or delaying procedures are waived and may be disregarded by the local governing body as to: (1) the purchase, lease, or rental of materials and equipment; (2) the securing and hiring of personal services; (3) the face value of notes, bonds, or other certificates of indebtedness that may be issued and outstanding; or (4) the rate of taxation that may be imposed. #### Section 14-406 (a) Each law, ordinance, resolution, or regulation of the State, a political subdivision of the State, or a unit of State or local government that relates to or concerns an actual or threatened emergency or military or warlike catastrophe may be applied during the effective period of an official proclamation by the Governor that declares all or part of the particular area to be in an actual or threatened emergency area. (b) This section does not qualify or reduce the powers of emergency management agencies that are effective without the existence of an emergency or proclamation by the Governor. ### Subtitle 5. State Fuel Security Program #### Section 14-501 (a) In this subtitle the following words have the meanings indicated. (b) "Administration" means the Maryland Energy Administration. (c) "Director" means the Director of the Administration. (d) "Person" includes a federal, State, or local government or an agency or instrumentality of a federal, State, or local government. (e) "Prime supplier" means a supplier that makes the first sale into the State distribution system of a State fuel security product that is intended for consumption in the State. (f) "Program" means the State Fuel Security Program. (g) "State fuel security product" means a product to which the Program applies. (h) "Supplier" means a business entity or a part or subsidiary of a business entity that supplies, sells, transfers, or otherwise furnishes, including by consignment, a State fuel security product to consumers or wholesale purchaser-resellers. (i) "Wholesale purchaser-reseller" means a business entity that: (1) purchases, receives through transfer, or otherwise obtains, including by consignment, a State fuel security product; and (2) resells or otherwise transfers the State fuel security product to other purchasers without substantially changing its form. #### Section 14-502 (a) There is a State Fuel Security Program. (b) The Administration shall maintain plans and procedures to carry out the Program. (c) The Director shall administer and enforce the Program. (d) The Administration shall adopt regulations for the administration and enforcement of this subtitle. #### Section 14-503 (a) The Program applies to: (1) motor gasoline; (2) middle distillate; (3) propane; (4) residual fuel oil, except as provided in subsection (b) of this section; and (5) aviation gasoline. (b) The Program does not apply to residual fuel oil that is used: (1) in an electric generating station; or (2) as bunker fuel for marine shipping. #### Section 14-504 (a) To carry out the requirements of this subtitle, the Administration: (1) may collect energy-related data in order to inform evaluations and decisions regarding energy by the Administration, State and federal agencies, and, subject to the requirements of subsection (c) of this section, the public; (2) may maintain up-to-date reports on the supply, demand, and price of various energy resources, including: (i) State fuel security products; (ii) wholesale electricity, including electricity generated from: (1) nuclear generation; (2) solar photovoltaic technology; and (3) wind, including offshore wind; (iii) coal; (iv) natural gas; and (v) petroleum; and (3) shall coordinate with the Department of Emergency Management to develop an information distribution plan to disseminate energy-related information to the general public and relevant State and federal agencies. (b) (1) The Administration shall coordinate with the Department of Information Technology to ensure that data collected under subsection (a)(1) of this section is transmitted and held securely. (2) (i) Data disseminated to the public under subsection (a)(3) of this section may not create a competitive advantage for or disadvantage to the person who supplied the energy-related data. (ii) The Administration shall maintain the confidentiality of all data that may create a competitive advantage or disadvantage that is unknown to competitors. (iii) If the data collected under this subtitle is stolen, breached, compromised, or otherwise released in a manner other than that authorized under subsection (a)(3) of this section, the Administration shall inform all parties that provided the data within 72 hours after learning of the release. (c) In maintaining the reports described in subsection (a)(2) of this section, the Administration shall use data available from existing State and federal sources to the extent practicable. (d) In order to carry out the provisions of this section, the Administration may require a prime supplier, supplier, or wholesale purchaser-reseller to provide necessary information in a form determined by the Administration. #### Section 14-505 A person who violates a provision of this subtitle or a regulation adopted under this subtitle is subject to: (1) for a first violation, an administrative penalty not exceeding $1,000; and (2) for a second or subsequent violation, an administrative penalty not exceeding $5,000. ### Subtitle 6. Interstate Emergency Management and Civil Defense Compact #### Section 14-601 WHEREAS, the Congress of the United States of America has enacted the procedure for granting its consent to emergency management and civil defense compacts by an act entitled "Federal Civil Defense Act of 1950" (Public Law 920, 81st Congress, Second Session, approved January 12, 1951); and WHEREAS, the State of Maryland contemplates entering into emergency management and civil defense compacts with other states, possessions and territories of the United States and with the District of Columbia, substantially in the form following: #### Section 14-602 The contracting states solemnly agree: (1) ARTICLE 1. Purpose. The purpose of this compact is to provide mutual aid among the states in meeting any emergency from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among emergency management and civil defense agencies or similar bodies of the states that are parties hereto. The directors of emergency management and civil defense of all party states shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact. (2) ARTICLE 2. Emergency management and civil defense plans and programs. It shall be the duty of each party state to formulate emergency management and civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States government and the free exchange of information and plans, including inventories of any materials and equipment available for emergency management and civil defense. In carrying out such emergency management and civil defense plans and programs the party states shall so far as possible provide and follow uniform standards, practices and rules and regulations including: (a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different emergency management and civil defense services; (b) Blackouts and practice blackouts, air raid drills, mobilization of emergency management and civil defense forces and other tests and exercises; (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith; (d) The effective screening or extinguishing of all lights and lighting devices and appliances; (e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services; (f) All materials or equipment used or to be used for emergency management and civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state; (g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks; (h) The safety of public meetings or gatherings; and (i) Mobile support units. (3) ARTICLE 3. Resources; emergency management and civil defense forces. Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the emergency management and civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges and immunities as are extended to the emergency management and civil defense forces of such state. Emergency management and civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the emergency management and civil defense authorities of the state receiving assistance. (4) ARTICLE 4. Licenses and permits. Whenever any person holds a license, certificate or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster and such state shall give due recognition to such license, certificate or other permit as if issued in the state in which aid is rendered. (5) ARTICLE 5. Liability. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. (6) ARTICLE 6. Supplementary agreements. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that appropriate among other states party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies. (7) ARTICLE 7. Compensation and death benefits. Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency management and civil defense forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state. (8) ARTICLE 8. Reimbursement for loss, damage, expense, or cost. Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further that any two or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party state receiving aid from any liability and reimburse the party state supplying emergency management and civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed. (9) ARTICLE 9. Plans for evacuation of civil population. Plans for the orderly evacuation and reception of the civilian population as the result of an emergency shall be worked out from time to time between representatives of the party states and the various local emergency management and civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States government under plans approved by it. After the termination of the emergency the party state of which the evacuees are residents shall assume the responsibility for the ultimate support or repatriation of such evacuees. (10) ARTICLE 10. Availability of compact; "state" defined. This compact shall be available to any state, possession or territory of the United States, and the District of Columbia. The term "state" may also include any neighboring foreign country or province or state thereof. (11) ARTICLE 11. Role of Federal Emergency Management Agency. The committee established pursuant to Article 1 of this compact may request the Federal Emergency Management Agency of the United States government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States government may attend meetings of such committee. (12) ARTICLE 12. Compact operative on ratification. This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying and shall be subject to approval by Congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States government. (13) ARTICLE 13. Withdrawal from compact. This compact shall continue in force and remain binding on each party state until the legislature or the governor of such party state takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the governor of the party state desiring to withdraw to the governors of all other party states. (14) ARTICLE 14. Construction of compact; severability. This compact shall be construed to effectuate the purposes stated in Article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby. (15) ARTICLE 15. Additional applicability. (a) This article shall be in effect only as among those states which have enacted it into law or in which the governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a state pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this article may modify, expand or add to any such obligation as among the parties to the supplementary agreement. (b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to: (1) Searches for and rescue of persons who are lost, marooned, or otherwise in danger; (2) Action useful in coping with disasters arising from any cause or designed to increase capability to cope with any such disasters; (3) Incidents, or the imminence thereof, which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger; (4) The giving and receiving of aid by subdivisions of party states; (5) Exercises, drills or other training or practice activities designed to aid personnel to prepare for, cope with, or prevent any disaster or other emergency to which this compact applies. (c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or any supplementary agreement may be furnished by any agency of a party state, a subdivision of a party state, or by a joint agency of any two or more party states or of their subdivisions. Any joint agency providing aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a state. The personnel of a joint agency, when rendering aid pursuant to this compact, shall have the same rights, authority and immunity as personnel of party states. (d) Nothing in this article shall be construed to exclude from the coverage of Articles 1-14 of this compact any matter which, in the absence of this article, could reasonably be construed to be covered thereby. #### Section 14-603 The Governor is hereby authorized and empowered to enter into and execute, on behalf of the State of Maryland, such emergency management and civil defense compacts with other states, possessions or territories of the United States or with the District of Columbia, substantially in the form hereinbefore set forth, provided that the Board of Public Works, with the concurrence of the Secretary, may approve alterations of the terms, provisions and conditions of the aforesaid proposed emergency management and civil defense compact so long as said alterations are in substantial compliance with the terms, provisions and conditions hereinbefore set forth and when the Governor, in the exercise of the power as aforesaid, enters into and executes an emergency management and civil defense compact on behalf of the State of Maryland, said compact is hereby approved and ratified and every paragraph, clause, provision, matter and thing in the said compact contained shall be obligatory on this State and the citizens thereof, and shall be forever faithfully and inviolably observed, and kept by the government of this State and all of its citizens according to the true intent and meaning of the said compact. #### Section 14-604 The Secretary of State is authorized and directed to prepare and transmit duly authenticated copies of such compacts and of this act to the governor of each state entering into such compact, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Federal Emergency Management Agency Director, the Secretary of State of the United States, and the Council of State Governments. #### Section 14-605 If any clause, sentence, paragraph, or section of this subtitle shall, for any reason, be adjudged by any court of competent jurisdiction to be unconstitutional and invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or section thereof so found unconstitutional and invalid. ### Subtitle 7. Emergency Management Assistance Compact #### Section 14-701 The Emergency Management Assistance Compact is entered into with all other jurisdictions which adopt the Compact in a form substantially as the Compact appears in Sec. 14-702 of this subtitle. #### Section 14-702 (1) Article I. Purpose and Authorities. This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this compact, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the Governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states. (2) Article II. General Implementation. Each party state entering into this compact recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. On behalf of the Governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact. (3) Article III. Party State Responsibilities. (a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall: (1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resources shortages, civil disorders, insurgency, or enemy attack. (2) Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. (3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. (4) Assist in warning communities adjacent to or crossing the state boundaries. (5) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. (6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. (7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities. (b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this compact shall apply only to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: (1) A description of the emergency service function for which assistance is needed, including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. (2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. (3) The specific place and time for staging of the assisting party's response and a point of contact at that location. (c) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities. (4) Article IV. Limitations. Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or upon commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state(s), whichever is longer. (5) Article V. Licenses and Permits. Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting state may prescribe by executive order or otherwise. (6) Article VI. Liability. Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness. (7) Article VII. Supplementary Agreements. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this compact contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. (8) Article VIII. Compensation. Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. (9) Article IX. Reimbursement. Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this article. (10) Article X. Evacuation. Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees. (11) Article XI. Implementation. (a) This compact shall become effective immediately upon its enactment into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment by such state. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the Governor of the withdrawing state has given notice in writing of such withdrawal to the Governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. (c) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government. (12) Article XII. Validity. This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby. (13) Article XIII. Additional Provisions. Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18 of the United States Code. ### Subtitle 8. Maryland Intrastate Emergency Management Assistance Compact #### Section 14-801 (a) In this subtitle the following words have the meanings indicated. (b) "Authorized representative" means an employee of a local jurisdiction authorized by the senior elected official of that jurisdiction to request, offer, or provide assistance under the terms of the Compact. (c) "Compact" means the Maryland Intrastate Emergency Management Assistance Compact. (d) (1) "Emergency responder" means an individual who is sent or directed by a party jurisdiction in response to a request for assistance by another party jurisdiction. (2) "Emergency responder" includes a: (i) career or volunteer firefighter of a fire, rescue, or emergency medical services entity; (ii) career or volunteer emergency medical services provider, as defined in Sec. 13-516 of the Education Article, within this State; (iii) career or volunteer rescue squad member of a fire, rescue, or emergency medical services entity; (iv) county or municipal employee who is performing an emergency support function described in Sec. 14-803(2)(b)(5)(i) of this subtitle; and (v) law enforcement officer as defined in Sec. 1-101 of this article. (e) "Jurisdictions" means the 23 counties within Maryland, Baltimore City, the City of Annapolis, the City of Bowie, the City of Frederick, the City of Laurel, and Ocean City. (f) "Party jurisdiction" means a jurisdiction that enacts the Compact in a form substantially similar to the Compact set forth in this subtitle. #### Section 14-802 The Maryland Intrastate Emergency Management Assistance Compact is entered into with all other jurisdictions that adopt the Compact in a form substantially similar to the Compact set forth in this subtitle. #### Section 14-803 (1) Article 1. Purpose. (a) (1) The purpose of this Compact is to provide for emergency management mutual assistance between the jurisdictions entering into this Compact. (2) This Compact also shall provide for mutual cooperation in emergency management-related exercises, testing, or other training activities. (2) Article 2. Requests for Assistance. (b) (1) The senior elected official of each jurisdiction shall designate authorized representatives. An authorized representative of a party jurisdiction may request assistance from another party jurisdiction by contacting an authorized representative of that jurisdiction. (2) The provisions of this Compact shall apply only to requests for assistance made by and to authorized representatives. (3) Requests may be verbal or in writing. (4) If verbal, the request shall be confirmed in writing at the earliest possible date, but no later than 10 calendar days following the verbal request. (5) Written requests shall provide the following information: (i) The functional areas for which assistance is needed, including fire services, law enforcement, emergency medical services, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue; (ii) The mission, capability, size, and amount of the requested aid; and (iii) The logistics, location, and time for staging the aid from a responding party jurisdiction. (6) There shall be frequent consultations between the Maryland Department of Emergency Management and appropriate representatives of the party jurisdictions with the unhindered exchange of information and plans generally relating to emergency management. (7) An authorized representative of the requesting party jurisdiction will advise the Maryland Department of Emergency Management of verbal requests and provide copies of written requests. (3) Article 3. Limitations. (c) (1) Any jurisdiction which is a party to this Compact and which receives a request for assistance shall take such actions as are necessary to provide requested resources. (2) Any party jurisdiction may withhold resources to the extent necessary to provide reasonable protection to its own jurisdiction. (3) Each party jurisdiction shall afford to the emergency responders of any party jurisdiction operating within the requesting jurisdiction under the terms and conditions of this Compact, the same powers, duties, rights, and privileges as are afforded those of the jurisdiction in which they are performing emergency services. (4) Emergency responders will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the requesting jurisdiction. (5) Emergency responders shall have the same powers, duties, rights, and privileges as personnel of the requesting jurisdiction correspondent to performing the same function. (6) The provisions of this article shall only: (i) Take effect when resources loaned under the terms and conditions of this Compact by the responding party jurisdiction arrive in the requesting party jurisdiction; and (ii) Continue in effect as long as resources loaned under the terms and conditions of this Compact by the responding party jurisdiction remain in the requesting party jurisdiction. (4) Article 4. Liability. (d) (1) Officers or emergency responders of a party jurisdiction rendering aid in another jurisdiction pursuant to this Compact shall be considered agents of the requesting party jurisdiction for tort liability and immunity purposes. (2) No party jurisdiction or its officers or emergency responders rendering aid in another party jurisdiction pursuant to this Compact shall be liable on account of any act or omission in good faith on the part of responding personnel while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. (3) Good faith in this article shall not include willful misconduct, gross negligence, or recklessness. (5) Article 5. Supplementary Agreements. (e) (1) Nothing in this Compact shall: (i) Preclude any jurisdiction from entering into supplementary agreements with another jurisdiction; or (ii) Affect any other agreements between jurisdictions. (2) Supplementary agreements may include, but are not limited to: (i) Provisions for evacuation and reception of injured and other persons; and (ii) The exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel, equipment, and supplies. (6) Article 6. Reimbursement. (f) (1) Each party jurisdiction shall provide for the payment of workers' compensation and death benefits to injured members of the emergency responders of its own jurisdiction. (2) The requesting party jurisdiction will reimburse the responding party jurisdiction for all reasonable and necessary expenses incurred by the responding party jurisdiction provided that any responding jurisdiction may: (i) Assume in whole or in part such loss, damage, expense, or other cost; (ii) Loan equipment or donate services to the requesting party jurisdiction without charge or cost; and (iii) Agree to any allocation of expenses between the responding and requesting party jurisdictions. (3) Any two or more party jurisdictions may enter into supplemental agreements establishing a different allocation of costs among those party jurisdictions. (4) Records of expenses incurred in sufficient detail to satisfy auditing requirements shall be submitted to the requesting party jurisdiction by the responding party jurisdiction as soon as possible following the termination of the assistance provided. (7) Article 7. Implementation. (g) (1) Party jurisdictions are encouraged to consult frequently with each other and with the Maryland Department of Emergency Management and to exchange information and plans relating to emergency management. (2) (i) This Compact shall become effective immediately upon its enactment into law by any two jurisdictions in a form substantially similar to the Compact set forth in this subtitle. (ii) Thereafter, this Compact shall become effective as to any other jurisdiction upon its enactment by that jurisdiction. (3) Any party jurisdiction may withdraw from this Compact by enacting a repeal of the same but no such withdrawal shall take effect until 30 days after the senior elected official of the withdrawing jurisdiction has given notice in writing of such withdrawal to the senior elected officials of all party jurisdictions. (4) Withdrawal from the Compact shall not relieve the withdrawing jurisdiction from obligations assumed under Article 4 or Article 6 of this Compact prior to the effective date of withdrawal. (5) Authenticated copies of this Compact and of such supplementary agreements as may be entered into shall at the time of their approval be retained by each party jurisdiction and with the Maryland Department of Emergency Management. (8) Article 8. Validity. (h) (1) This Compact shall be construed to effectuate the purposes stated in Article 1 hereof. (2) If any part or provision of this Compact or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Compact which can be given effect without the invalid provision or application, and for this purpose the provisions of this Compact are declared severable. ### Subtitle 8A. National Capital Region Mutual Aid Agreements #### Section 14-8A-01 (a) In this subtitle the following words have the meanings indicated. (b) "Governing body" means: (1) the county executive and county council of a charter county with a county executive; (2) the county council of a charter county with no county executive; (3) the board of county commissioners of a county; or (4) the mayor and council, by whatever name known, of a municipal corporation. (c) "National Capital Region" means the area defined under Sec. 2674(f)(2) of Title 10 of the United States Code, including those counties with a border abutting that area and any municipal corporations in those counties. #### Section 14-8A-02 The State, the governing body of a county or municipal corporation, or any other governmental agency within the National Capital Region may enter into a reciprocal agreement for the period that it considers advisable with a federal agency, the Commonwealth of Virginia, the District of Columbia, or a county or municipal corporation, within or outside the State, and establish, train, and implement plans to request or provide mutual aid through the use of its officers, employees, and agents, together with all necessary equipment, in accordance with Sec. 7302 of the Intelligence Reform and Terrorism Prevention Act of 2004 (108 P.L. 458, 118 Stat. 3638). #### Section 14-8A-03 Any provision or part of a State, local, or municipal corporation statute, law, or ordinance that requires a mutual aid agreement to contain additional terms or conditions is inapplicable to an agreement authorized by and entered into under this subtitle. ### Subtitle 9. Compulsory Work During State of War #### Section 14-901 This subtitle does not apply to: (1) students; (2) individuals who are preparing themselves to engage in trade or industrial pursuits; (3) individuals who are temporarily unemployed because of differences with their employers; and (4) individuals who are engaged or employed in a seasonal business, trade, or occupation in Baltimore City or Allegany County. #### Section 14-902 To carry out this subtitle, the Governor may appoint or employ assistants and use any available and appropriate agencies. #### Section 14-903 (a) (1) The Governor by proclamation may require that each able-bodied individual in the State between 18 and 50 years old, inclusive, who is not regularly or continuously employed or engaged in a lawful and useful business, occupation, trade, or profession immediately register for work under this subtitle. (2) The Governor may require registration for work under paragraph (1) of this subsection if the Governor determines that because of a state of war: (i) it is necessary for the protection and welfare of the people of the State that those individuals work in agricultural, industrial, or other occupations carried on by the State, a county, or a private employer; (ii) the occupations specified in item (i) of this paragraph are essential for the protection and welfare of the people of the State and the United States; and (iii) the occupations specified in item (i) of this paragraph cannot be carried on as required for the protection and welfare of the people of this State and the United States without resort to this subtitle. (b) Individuals who are self-supporting because of income or ownership of property and individuals who are supported by others shall be required to register under this subtitle. (c) (1) Each individual required to register under this section shall register with the clerk of the circuit court of the county in which the individual resides. (2) The individual shall provide to the clerk the individual's name, address, age, and any other information that the Governor requires. (d) On request of the Governor, the clerk of the circuit court shall provide the Governor with the information obtained under subsection (c)(2) of this section. #### Section 14-904 (a) The Governor shall assign or cause to be assigned and, if necessary, reassign or cause to be reassigned, for a period not exceeding 6 continuous months for each individual at one time, individuals who have registered under Sec. 14-903 of this subtitle to the occupations described in Sec. 14-903(a) of this subtitle if the employers accept the services of these individuals. (b) Each individual assigned to work under subsection (a) of this section shall be physically able to perform the work to which the individual is assigned. (c) (1) In determining the duration and nature of the work to which an individual is assigned, the Governor shall consider the age, physical condition, and any other appropriate circumstances of the individual. (2) An individual may not be required to work under this subtitle a greater number of hours per day than lawfully constitutes a day's work in the occupation to which the individual is assigned. #### Section 14-905 As soon as the Governor issues a proclamation under Sec. 14-903 of this subtitle, the Governor shall prepare and publish rules and regulations to govern the assignment of individuals to work under this subtitle that: (1) ensure that all individuals similarly situated shall be treated alike to the extent possible; and (2) make allowances for the age, physical condition, and other appropriate circumstances of individuals assigned to work under this subtitle. #### Section 14-906 (a) Each individual required to work under this subtitle is entitled to compensation not less than the compensation paid to others for the same work. (b) If an individual is assigned to work for a unit of the State, the compensation of the individual shall be paid by the unit out of the appropriation made to it by the State. (c) If an individual is assigned to work for a county, the compensation of the individual shall be paid by the county. (d) (1) If an individual is assigned to work for a private employer, the compensation of the individual shall be paid by the private employer. (2) Each private employer shall execute a bond to the State in the penalty and with the surety that the Governor approves, conditioned to guarantee the payment of compensation due to individuals assigned to work for the private employer. (3) (i) If a private employer fails to pay the compensation due to an individual under this subsection, the compensation shall be paid by the State. (ii) If money is appropriated for the purpose specified in subparagraph (i) of this paragraph: (1) payment shall be made on the order of the executive committee of the Maryland Council of Defense with the approval of the Governor; (2) the order shall be directed to the Comptroller; and (3) the Comptroller shall draw a warrant on the Treasurer for the amount of payment as provided by law. (4) If the State compensates an individual under this subsection, the employer's bond shall be in default and shall be put into suit by the State. #### Section 14-907 (a) An individual may not fail to register under this subtitle. (b) An individual who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50. (c) After the Governor issues a proclamation under this subtitle, the county sheriffs, the police department of Baltimore City, and any other officer of the State, a county, or municipal corporation charged with enforcing the law shall: (1) seek diligently the names and addresses of able-bodied individuals within their respective jurisdictions who are between 18 and 50 years old, inclusive, and not regularly or continuously employed or engaged in a lawful and useful occupation and who have failed to register under this subtitle; and (2) obtain criminal summonses or warrants from a District Court commissioner for the arrest of individuals described in item (1) of this subsection. (d) The District Court shall send the name of each individual convicted of failing to register and the information specified in subsection (c)(1) of this section to the clerk of the circuit court of the county in which the individual resides. (e) The circuit court clerks shall register each individual convicted of failing to register under this subtitle and report the registration to the Governor in accordance with Sec. 14-903 of this subtitle. (f) The Governor shall assign each individual registered under subsection (e) of this section to work as provided in Sec. 14-904 of this subtitle. #### Section 14-908 (a) An individual may not fail to do the work assigned to the individual unless the individual becomes regularly or continuously employed in a business, occupation, profession, or trade. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. ### Subtitle 10. Riots #### Section 14-1001 (a) In this section, "structure" means: (1) a church, chapel, or convent; (2) a dwelling; (3) a building used or designed as a place to transact business or store property; (4) a barn, stable, or other outbuilding; or (5) a ship, shipyard, or lumberyard. (b) Subject to Sec. 14-1002 of this subtitle, if a structure or personal property is stolen, damaged, or destroyed in a riot, the injured party may recover actual damages sustained in a civil action against the county or municipal corporation of the State in which the riot occurred. #### Section 14-1002 (a) A county or municipal corporation is not liable under Sec. 14-1001 of this subtitle for theft, damage, or destruction that occurs in a riot unless the authorities of the county or municipal corporation: (1) had good reason to believe that the riot was about to take place or, having taken place, had notice of the riot in time to prevent the theft, damage, or destruction; and (2) had the ability, either by use of the county's or municipal corporation's police or with the aid of the residents of the county or municipal corporation, to prevent the theft, damage, or destruction. (b) A person may not recover damages from a county or municipal corporation under Sec. 14-1001 of this subtitle if it is satisfactorily proved that the authorities of the county or municipal corporation, and the residents of the county or municipal corporation when called on by the authorities, used reasonable diligence and all the powers entrusted to them to prevent or suppress the riot. #### Section 14-1003 An action for damages under Sec. 14-1001 of this subtitle shall be filed within 3 years after the date it accrues. #### Section 14-1004 The form of any pleading in an action under Sec. 14-1001 of this subtitle shall be governed by the Maryland Rules. ### Subtitle 11. Maryland Food System Resiliency Council #### Section 14-1101 (a) In this subtitle the following words have the meanings indicated. (b) "Council" means the Maryland Food System Resiliency Council. (c) "Food council organization" means a local food council organization that is established in the State. (d) "Healthy food priority areas" means predominantly lower-income areas that have limited access to retail outlets that sell affordable, healthy foods. (e) "Secretary" means the Secretary of Emergency Management. (f) "Wasted food" means food not used for its intended purpose that is managed in a variety of ways, including: (1) donations to feed people; (2) the creation of animal feed; (3) composting; (4) anaerobic digestion; or (5) disposal in landfills or combustion facilities. #### Section 14-1102 (a) There is a Maryland Food System Resiliency Council in the Office of Resilience in the Department. (b) The Council consists of the following members: (1) one member of the Senate of Maryland, appointed by the President of the Senate; (2) one member of the House of Delegates, appointed by the Speaker of the House; (3) the Secretary, or the Secretary's designee; (4) the Secretary of Human Services, or the Secretary's designee; (5) the Secretary of Agriculture, or the Secretary's designee; (6) the Secretary of Commerce, or the Secretary's designee; (7) the Executive Director of the Maryland Farm Bureau, or the Executive Director's designee; (8) the Executive Director of the Maryland Agricultural and Resource-Based Industry Development Corporation, or the Executive Director's designee; (9) the Dean of the University of Maryland College of Agriculture and Natural Resources, or the Dean's designee; and (10) the following members appointed by the Secretary: (i) five representatives of five different food council organizations who are recommended by members of food council organizations; (ii) one representative of the University of Maryland Extension; (iii) one representative of the University of Maryland Eastern Shore Small Farm Program; (iv) one representative of the Harry R. Hughes Center for Agro-Ecology; (v) one representative of a public school system in the State who has experience in food security and local food procurement; (vi) one representative of a statewide food security advocacy organization; (vii) one farmer in the State; (viii) one representative of the seafood industry; (ix) one owner of a food business in the State; (x) one expert in food system policy; (xi) one expert on racial equity in the food system; (xii) one expert on food system impacts on climate and the environment; (xiii) one expert on food nutrition and public health; and (xiv) any other individual that the Secretary deems appropriate. (c) The Secretary shall: (1) ensure that all five geographic areas of the State are represented by the appointed members of the Council; and (2) appoint a successor in the event of a vacancy on the Council. (d) (1) (i) The term of a member of the Council appointed by the Secretary is 3 years. (ii) An appointed member may not serve for more than two consecutive 3-year terms. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) A member who is appointed after a term has begun shall serve for the rest of the term or until a successor is appointed and qualifies. (e) A member of the Council: (1) may not receive compensation as a member of the Council; but (2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State Budget. (f) A majority of the members then serving on the Council is a quorum. (g) (1) (i) The Secretary, or the Secretary's designee, and one member who is elected in accordance with subparagraph (ii) of this paragraph shall cochair the Council. (ii) At the first meeting of each year, the Council shall elect a cochair from among the Council members for a term of 1 year. (2) The Secretary of Agriculture, or the Secretary's designee, the Secretary of Human Services, or the Secretary's designee, and the Dean of the University of Maryland College of Agriculture and Natural Resources, or the Dean's designee shall co-vice chair the Council. (h) (1) The Council may establish subcommittees to provide technical assistance to the Council. (2) The Council may establish subcommittee topics and membership as the Council deems appropriate. (i) The Department shall provide staff for the Council. #### Section 14-1103 (a) The Council shall: (1) meet regularly for a period of at least 2 years to address food insecurity in the State; and (2) work toward the following goals: (i) to address the food insecurity crisis in the State resulting from the COVID-19 pandemic and resulting economic crisis by: (1) coordinating State and local level food insecurity services to support residents of the State; (2) tracking and analyzing data to create a comprehensive map of food insecurity across the State and identify the gaps in service; (3) leveraging federal and private sector grants and other resources in order to address food insecurity needs; (4) advising the State on how best to allocate resources and increase efficiency; and (5) (A) exploring the role of and potential for the federal Community Eligibility Provision to ensure all students in the State are fed; and (B) making recommendations to the Maryland State Department of Education and the Maryland General Assembly to implement relevant findings under item A of this item; (ii) to develop equity and sustainability policy recommendations to increase the long-term resiliency of the food system, including: (1) addressing and eliminating racial inequities in the food system; (2) addressing and eliminating diet-related public health disparities; (3) addressing and eliminating limited food options and food scarcity that exist in healthy food priority areas; (4) reducing wasted food, increasing recycling, and encouraging other relevant environmental impacts; (5) in urban, suburban, and rural settings, increasing the quantity, quality aggregation, marketing, and distribution of local food; (6) increasing the procurement of local food through schools, institutions of higher education, nonprofit organizations, and other institutions; (7) creating additional market opportunities for Maryland food businesses; and (8) expanding access to small scale manufacturing and food production infrastructure; and (iii) to expand the impact of existing food council organizations by: (1) providing coordination and facilitation of knowledge exchange at the State level; and (2) supporting identification and application of grants to operating funds to support existing and new food council organizations as needed. (b) To advance the goals of the Council, the Council shall engage and collaborate with interested stakeholders, including: (1) residents of the State with lived experience of food insecurity; and (2) food council organizations and similar local level food system convening organizations. (c) On or before November 1, 2023, and each year thereafter, the Council shall submit a report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on key findings, appropriate policy and legislative changes, and activities undertaken by the Council. ### Subtitle 12. Office of Resilience #### Section 14-1201 There is an Office of Resilience in the Maryland Department of Emergency Management. #### Section 14-1202 (a) The head of the Office of Resilience is the Chief Resilience Officer, who shall be appointed by and serve at the pleasure of the Secretary. (b) The Chief Resilience Officer is in the executive service of the State Personnel Management System and is entitled to the salary provided in the State budget. (c) The Chief Resilience Officer is responsible for coordinating State and local efforts to build resilience to risks identified in the Maryland Hazard Mitigation Plan. (d) The duties of the Chief Resilience Officer include: (1) coordinating State and local efforts to build resilience to risks identified in the Maryland Hazard Mitigation Plan; (2) developing a State Resilience Strategy and assisting local agencies in their efforts to prepare and implement resilience strategies; (3) coordinating across State and local agencies to prepare and implement resilience strategies; (4) identifying, securing, and assisting in accessing federal, State, and private funding streams and technical assistance that can be used to support State and local resilience efforts; (5) working with business leaders from industries vulnerable to the risks to identify best practices for preparing for and responding to risks; and (6) ensuring that investments prioritize vulnerable communities and environmental justice. #### Section 14-1203 (a) The Office of Resilience shall: (1) coordinate and administer federal prevention, protection, mitigation, and recovery-focused programs; (2) administer State mitigation grants and loans; (3) identify flood risk assessment tools for use by programs and projects statewide; (4) administer other programs as directed by the Secretary and the Chief Resilience Officer; (5) prioritize vulnerable communities and ensure that investments are made with a focus on environmental justice; and (6) conduct outreach and provide technical assistance to local jurisdictions to support the development of local resiliency plans. (b) (1) On or before January 1, 2024, and each January 1 thereafter, the Office of Resilience shall report to the State Treasurer, the Governor, and, in accordance with Sec. 2-1257 of the State Government Article, the General Assembly on the current status and efficacy of State and local resiliency efforts. (2) The report shall include: (i) a summary of the activity of the Office of Resilience during the previous calendar year; (ii) recommendations based on information gathered by the Maryland Department of the Environment and the University of Maryland Center for Environmental Science; and (iii) plans to increase resiliency in the State for the next year, 2 years, 5 years, and 10 years, including potential funding sources for the plans. #### Section 14-1204 (a) With support from appropriate State agencies and State entities, the Office of Resilience shall coordinate strategies and improve interagency coordination to meet the following goals: (1) ensuring rapid State support following emergencies; (2) minimizing flooding in residential areas; (3) promoting climate-informed investments; (4) informing and educating the public on emergency safety and risks; (5) building neighborhood resiliency; (6) improving coastal resilience; (7) adapting agricultural practices to respond to increasing precipitation, temperatures, and soil salinization; and (8) reducing the potential impact of other hazards identified in the Maryland Hazard Mitigation Plan. (b) The University of Maryland Center for Environmental Science shall coordinate with the Office of Resilience to: (1) establish a resilience baseline for the State; (2) develop a statewide resilience assessment to support local government benchmarking for use in a statewide resilience tracker to help identify investment needs; (3) develop indicators to monitor the effectiveness of resilience efforts and establish future goals; and (4) produce an economic analysis and policy benchmark report to include: (i) an examination of the financial impact of extreme weather or other hazardous events in the State; (ii) an estimate of necessary resources needed to prepare for and reduce the adverse effects of hazardous events in the State; (iii) the identification of available funding sources, including those used by other states; and (iv) a comparison of State policies and resilience efforts with those of other vulnerable states, including Florida, Massachusetts, New York, North Carolina, and Virginia. ### Subtitle 13. Essential Goods and Services #### Section 14-1301 (a) In this subtitle the following words have the meanings indicated. (b) "Price" means: (1) for essential services, retail price; or (2) for essential goods, retail or wholesale price. (c) "Replacement costs" means: (1) acquisition costs; (2) costs that are a result of a contract in which the formula references published market prices; or (3) the actual anticipated costs of replacing an essential good or service offered for sale, based on documented information available at the time of the increase in price. (d) "State of emergency" means a state of emergency declared by the Governor under Sec. 14-107 of this title. #### Section 14-1302 (a) Except as provided in subsection (c) of this section, during a state of emergency, in the geographic area covered by the state of emergency declaration, a person may not sell or offer to sell goods or services designated as essential by the Governor for a price of 15% or more above the highest price at which the person made actual sales or rentals of those essential goods or services between: (1) 60 days before the state of emergency declaration; and (2) 4 days before the state of emergency. (b) Except as provided in subsection (c) of this section, during a state of emergency and for the 90 days following the end of the state of emergency, a person may not sell or offer to sell repair or reconstruction services used for emergency cleanup for a price of 15% or more above the average price charged by the person for those services during the 30 days before the state of emergency. (c) A person may increase a price by 15% or more for goods and services if the person can prove that: (1) the price increase is directly attributable to additional costs imposed on the person by the supplier of goods, including replacement costs, costs of credit, and credit card processing costs; (2) the price increase is directly attributable to additional costs for labor or materials used to provide the service or produce the goods, including costs to repair any damage relating to the state of emergency; or (3) the price increase is consistent with seasonal prices charged by the person based on historical data showing prices charged during the season over the past 3 years. (d) At least 20 days before an action is filed under Sec. 14-1303 of this subtitle, the Office of the Attorney General shall provide a person whose actions may be in violation of this section notice of the general relief sought by the Office of the Attorney General to give the person an opportunity to present evidence that the price increase was in accordance with subsection (c) of this section. #### Section 14-1303 A sale or offer for sale of essential goods and services in violation of Sec. 14-1302 of this subtitle is: (1) an unfair, abusive, or deceptive trade practice, as defined under Title 13 of the Commercial Law Article; and (2) subject to the enforcement and penalty provisions of Title 13 of the Commercial Law Article, except for the criminal penalties in Sec. 13-411 of the Commercial Law Article. #### Section 14-1304 The Secretary of State shall establish a system by which a person may register to receive electronic notifications stating: (1) that a state of emergency has been declared and an executive order has been issued; (2) that the provisions of this subtitle are in effect; and (3) the categories of essential goods and services or individual essential goods and services that are covered by the executive order. ### Subtitle 14 #### Section 14-1401 (a) In this subtitle the following words have the meanings indicated. (b) "Branch" means the Critical Infrastructure Protection Branch. (c) "Center" means the Maryland Coordination and Analysis Center. (d) (1) "Critical infrastructure" means assets, systems, and networks, whether physical or virtual, considered by the U.S. Department of Homeland Security to be so vital to the United States that their incapacitation or destruction would have a debilitating effect on one or more of the following: (i) security; (ii) national economic security; (iii) national public health; or (iv) safety. (2) "Critical infrastructure" includes a hospital or health care facility. (e) "Executive Director" means the Executive Director of the Maryland Coordination and Analysis Center. #### Section 14-1402 There is a Critical Infrastructure Protection Branch in the Maryland Coordination and Analysis Center. #### Section 14-1403 (a) The Executive Director shall appoint a Chief Critical Infrastructure Officer for the Branch. (b) The Chief Critical Infrastructure Officer shall: (1) administer and operate the Branch, in accordance with this subtitle; (2) implement the provisions of this subtitle; (3) direct critical infrastructure security efforts across the State; (4) coordinate with: (i) the Director of the Governor's Office of Homeland Security; (ii) critical infrastructure industry, local, and federal counterpart organizations; (iii) the National Guard; (iv) the Department of Information Technology; and (v) other key stakeholders identified by the Chief Critical Infrastructure Officer; and (5) advise the Governor and the Director of the Governor's Office of Homeland Security on critical infrastructure security issues. #### Section 14-1404 (a) The Branch shall: (1) identify current and potential threats to the State's critical infrastructure; (2) prioritize the State's critical infrastructure assets by: (i) in coordination with the Department of Information Technology, the Office of Security Management, and the Public Service Commission, determining the threat level to the State's critical infrastructure, focusing on foreign actors, domestic actors, and insider threats; (ii) determining the impacts to the State's critical infrastructure in the case of a cybersecurity or physical attack; (iii) understanding the effect that the compromise of one aspect of critical infrastructure may have on another aspect of critical infrastructure; (iv) engaging and coordinating with critical infrastructure sector leaders, military leaders, and other relevant stakeholders; (v) identifying the State's critical infrastructure operational technology systems; and (vi) supporting the State's critical infrastructure priority assets by: (1) connecting priority assets to resources for conducting integrated assessments of the State's critical infrastructure to detect and document vulnerabilities and operational dependencies; (2) identifying technical and grant opportunities to support remediation of identified vulnerabilities; and (3) establishing mechanisms to support shared learning and best practices between different critical infrastructure assets. (b) The Department of Emergency Management shall coordinate consequence management efforts and respond to cascading impacts of an attack on the State's critical infrastructure, in accordance with this title. (c) The Department of Information Technology, in consultation with the Center, shall: (1) allow the owner or operator of critical infrastructure to become a member of the Maryland Information Sharing and Analysis Center; (2) provide up-to-date cybersecurity reporting standards to an owner or operator of critical infrastructure; and (3) direct critical infrastructure cybersecurity efforts across the units of State government. --- Md. Code Ann., Pub. Safety (as displayed at mgaleg.maryland.gov, October 16, 2026)