In this subtitle the following words have the meanings indicated. “Alternate care site” means an area that: is not located on a health care facility’s premises; or 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 is used by a licensed health care facility: to provide medical services, nursing services, or other health–related services during a declared state of emergency; and that has access to an emergency electrical power generator. “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. “Health care facility” has the meaning stated in § 19–114 of the Health – General Article. “Public emergency” means: 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; a crisis, disaster, riot, or catastrophe; or an energy emergency.

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. This subtitle shall be broadly construed to carry out the purpose of this subtitle.

During a public emergency in the State, the Governor may proclaim a state of emergency and designate the emergency area: if public safety is endangered or on reasonable apprehension of immediate danger to public safety; and on: the Governor’s own initiative; or the application of: the chief executive officer or governing body of a county or municipal corporation; or the Secretary of State Police. 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: control traffic, including public and private transportation, in the emergency area; designate specific zones in the emergency area in which the occupancy and use of buildings and vehicles may be controlled; control the movement of individuals or vehicles into, in, or from the designated zones; control places of amusement and places of assembly; control individuals on public streets; establish curfews; control the sale, transportation, and use of alcoholic beverages; control the possession, sale, carrying, and use of firearms, other dangerous weapons, and ammunition; control the storage, use, and transportation of explosives or flammable materials or liquids considered to be dangerous to public safety, including “Molotov cocktails”; and authorize the use of alternate care sites. 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: in a newspaper of general circulation in the emergency area; through television or radio serving the emergency area; or by circulating notices or posting signs at conspicuous places in the emergency area. An order, rule, or regulation promulgated under subsection (b) of this section: takes effect from the time and in the manner specified in the order, rule, or regulation; 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 terminates when the Governor declares that the state of emergency no longer exists.

On reasonable apprehension that an energy emergency exists, the Governor may proclaim a state of emergency. 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: establish and implement programs, controls, standards, priorities, and quotas for the allocation, conservation, and consumption of energy resources; 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 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. Instead of or in addition to the penalties provided in § 14-308 of this subtitle, an order, rule, or regulation promulgated by the Governor under this section may provide for: the imposition of a civil penalty not exceeding $1,000 for each violation; and the method and conditions of collecting the civil penalty. In this subsection, “Committee” means: the Joint Committee on Administrative, Executive, and Legislative Review; or 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. 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. 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. 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. Within 2 days after it takes effect, the order, rule, or regulation shall be communicated to the chairman of the Committee. The full Committee shall be convened within 5 days after the order, rule, or regulation is communicated to the chairman. The order, rule, or regulation is subject to disapproval by the full Committee. All records of orders, rules, regulations, and Committee meetings are open to the public. This section does not authorize the establishment of oil refineries, deep water ports, offshore drilling facilities, or other similar major capital facilities. 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.

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: cooperate in any manner requested by the Governor or the Governor’s designated representative; and 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. 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. 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. Any action that the Department of State Police takes under this subsection shall be reasonably calculated effectively to control and terminate the public emergency. 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. Except as provided in § 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.

In this section, “militia” means the organized and unorganized militia as described in § 13-203 of this article. If the Governor proclaims that a state of emergency exists, the Governor may call the militia into action. The militia shall have full power and responsibility for the area designated by the Governor as an emergency area. 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. 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.

In this section, “emergency” includes an emergency that results from fire, flood, riot, robbery, weather, or other cause. If an emergency exists in a political subdivision, the Governor may proclaim a day for the general cessation of business in that political subdivision. If an emergency exists as to a banking institution, the Governor: may proclaim a day on which the banking institution may remain closed; and shall limit the proclamation to the principal banking office and branch offices of the banking institution that the emergency affects.

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.

A person may not violate this subtitle or an order, rule, or regulation promulgated under this subtitle. 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: conceal a material fact; make a false, fictitious, or fraudulent statement or representation; or use a false writing or document that contains a false, fictitious, or fraudulent statement. 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. A violation of the Maryland Vehicle Law for which a penalty is provided is not subject to the penalties of this section.