In this subtitle the following words have the meanings indicated.
“Administration” means the Maryland Energy Administration.
“Director” means the Director of the Maryland Energy Administration.
The Administration is established as a separate unit of State government.
With the approval of the Governor, the Administration shall implement and administer conservation, allocation, or other energy programs or measures under State law or federal laws, orders, or regulations.
The Governor shall appoint a Director of the Administration.
The Administration shall have the staff provided for in the State budget.
The Administration shall:
provide advisory, consultative, training, and educational services, technical assistance, grant and loan funds therefor, and financial assistance to any municipality, county, State unit, local public agency, nonprofit organization, or private entity, in order to establish or carry out sound energy policies or practices, including energy management and energy conservation;
assume those responsibilities delegated to the State energy offices in accordance with the orders, rules, and regulations adopted under any federal laws relating to the allocation, conservation, development, or consumption of energy resources or any other delegation of federal authority pertaining to energy;
evaluate and coordinate energy related policies and activities among all agencies of the Executive Branch of the State and, where appropriate, those of the various local governments;
collect, analyze, and evaluate statistics and information related to energy use, conservation, consumption, and energy production and coordinate information related to energy resources, including electricity, natural gas, and the production of oil and natural gas, with the Public Service Commission, the Power Plant Research Program, and the Maryland Geological Survey;
serve as liaison between federal and State agencies for all matters related to energy and maintain liaison with energy agencies in other states;
develop and conduct education and communications programs for and disseminate informative materials to the public on energy production, supply, and conservation;
provide for, encourage, and assist, where practicable, public participation in the development and dissemination of energy programs;
in cooperation with the Department of General Services, monitor the energy savings accrued by the energy management and conservation efforts undertaken by agencies of State government;
coordinate and direct integrated energy planning for State agencies and the public that recognizes the benefits and costs of energy conservation and improved efficiency;
promote the transfer and commercialization of energy conservation methods and energy technology from private and public laboratories to the citizens of the State;
cooperate and coordinate with other State agencies in the research and development of energy conservation methods and alternative energy technologies; and
develop strategic plans and implement policies relating to energy supply management, including the promotion and supervision of research on alternative fuels and energy emergency management.
The Administration shall assist the Department of General Services in considering the most economical and efficient alternative for meeting the annual heating oil requirements of State agencies.
The Administration shall have the following additional duties and responsibilities concerning the State’s preparedness for, and management of, general energy emergencies and shortfalls:
to prepare contingency plans for mitigating the impact of any severe shortage of fuel resources, including middle distillate oil, motor gasoline, residual fuel oil, and propane gas, on various classes of consumers;
to work with the United States Department of Energy in preparing and training for an energy emergency response;
to maintain communications, including computerized electronic communication, with the United States Department of Energy and with neighboring states to obtain and share energy data pertaining to energy emergencies; and
to collect, analyze, evaluate, and maintain on a proprietary basis so as to preserve the confidentiality of its source, data related to managing any energy emergency or shortfall.
In this section the following words have the meanings indicated.
“Air purifier”, also known as a “room air cleaner”, means an electric, cord–connected, portable appliance that primarily functions to remove particulate matter from the air.
“Air purifier” does not include indoor air cleaning devices that are manufactured, advertised, marketed, and labeled for industrial use.
“Commercial dishwasher” means a machine designed to clean and sanitize dinnerware, flatware, cooking utensils, and similar items by applying sprays of detergent solution and a sanitizing rinse.
“Commercial steam cooker”, also known as a “compartment steamer”, means a device with one or more food–steaming compartments in which the energy in the steam is transferred to the food by direct contact.
“Commercial steam cooker” includes:
countertop models;
wall–mounted models; and
floor models mounted on a stand, pedestal, or cabinet–style base.
“Electric vehicle supply equipment” means the fittings, devices, and apparatuses installed specifically for the purpose of delivering energy from a premises’ wiring to an all–electric or hybrid vehicle.
“Faucet” means a fitting that controls and guides the flow of water in a water supply system.
“Faucet” includes:
a private lavatory faucet;
a public lavatory faucet;
a residential kitchen faucet; and
a replacement aerator for a private lavatory faucet, public lavatory faucet, or residential kitchen faucet.
“Faucet” does not include a metering faucet.
“High color rendering index fluorescent lamp” or “high CRI fluorescent lamp” means a fluorescent lamp with a color rendering index of 87 or greater.
“High color rendering index fluorescent lamp” does not include a compact fluorescent lamp.
“Portable electric spa” means a factory–built electric spa or hot tub that includes water–heating or water–circulating equipment.
“Public lavatory faucet” means a faucet designed to be installed in a public bathroom.
“Replacement aerator” means an aerator sold:
as a replacement; and
separately from the faucet to which the aerator was intended to be attached.
“Residential ventilating fan” means a ceiling fan, wall–mounted fan, or a fan mounted outside the area to be ventilated (also known as a remotely mounted fan) that is designed to move air from inside a building to the outdoors, such as fans used in a bathroom or utility room.
“Retailer” means a person engaged in the business of making retail sales within the State.
“Showerhead” means a device or set of devices that is:
attached to a single water supply fitting; and
used for spraying water for bathing.
“Showerhead” includes a showerhead that can be held or fixed in place and connected by a flexible hose (also known as a hand–held showerhead).
“Showerhead” does not include safety equipment such as eyewash stations or drench showers.
“Spray sprinkler body” means the exterior case or shell of a sprinkler that:
includes a method for connecting to the water system piping; and
houses a spray nozzle that applies water to the ground.
“Urinal” means a plumbing fixture that:
is designed to receive only liquid body waste; and
conveys the waste through a trap into a drainage system.
“Urinal” does not include:
urinals designed and marketed exclusively for use at prisons or mental health facilities; and
trough–type urinals.
“Water closet” means a plumbing fixture having a water–containing receptacle designed to receive liquid and solid body waste and convey the waste through an integral trap into a drainage system.
“Water closet” includes a water closet incorporating a feature that allows the user to flush the water closet with either a reduced load or a full volume of water, also known as a dual–flush water closet.
“Water cooler” means a freestanding device that uses energy to cool or heat potable water.
“Water cooler” includes:
cold only units that dispense only cold water;
hot and cold units that dispense both hot and cold water;
cook and cold units that dispense both cold and room temperature water; and
storage–type units that store thermally conditioned water in a tank inside the water cooler that is available instantaneously, including point–of–use, dry storage compartment, and bottled water coolers.
“Widely available in Maryland” means a conforming product available in the State from three or more manufacturers.
This section applies to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed for profit in the State:
electric vehicle supply equipment;
high CRI fluorescent lamps;
portable electric spas;
air purifiers;
commercial dishwashers;
commercial steam cookers;
faucets;
residential ventilating fans;
showerheads;
spray sprinkler bodies;
urinals;
water closets; and
water coolers.
This section does not apply to:
new products manufactured in the State and sold outside the State;
new products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State;
products installed in mobile manufactured homes at the time of construction;
products designed expressly for installation and use in recreational vehicles or marine vessels; or
products to be sold at retail that are in stock at the retail establishment before the effective date of any efficiency standard regulation for that item.
On or before January 1, 2023, the Administration:
shall review minimum efficiency standards regulations for the new products specified in subsection (b)(1)(i) and (ii) of this section; and
may adopt new regulations establishing minimum efficiency standards for the new products specified in subsection (b)(1)(i) and (ii) of this section.
Beginning October 1, 2024, a new product specified in subsection (b)(1)(i) or (ii) of this section may not be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards specified in regulations adopted, if any, under paragraph (1) of this subsection.
This paragraph does not apply to a product that is sold before the regulations adopted, if any, under paragraph (1) of this subsection are in effect.
Beginning October 1, 2025, a new product specified in subsection (b)(1)(i) or (ii) of this section may not be installed for profit in the State unless the efficiency of the new product meets or exceeds the efficiency standards specified in regulations adopted, if any, under paragraph (1) of this subsection.
On or before January 1, 2023, the Administration shall adopt regulations establishing minimum efficiency standards for the new products specified in subsection (b)(1)(iii) through (xiii) of this section.
The regulations shall provide for the following minimum efficiency standards:
air purifiers shall meet the following requirements as measured in accordance with the Energy Star Program Requirements Product Specification for Room Air Cleaners, Version 2.0:
the clean air delivery rate for smoke must be 30 or greater;
for models with a clean air delivery rate for smoke of less than 100, the clean air delivery rate per watt for smoke must be greater than or equal to 1.7;
for models with a clean air delivery rate for smoke greater than or equal to 100 and less than 150, the clean air delivery rate per watt for smoke must be greater than or equal to 1.9;
for models with a clean air delivery rate for smoke greater than or equal to 150, the clean air delivery rate per watt for smoke must be greater than or equal to 2.0;
for ozone–emitting models, measured ozone must be less than or equal to 50 parts per billion;
for models with a Wi–Fi network connection enabled by default when shipped, partial on–mode power may not exceed 2 watts; and
for models without a Wi–Fi network connection enabled by default when shipped, partial on–mode power may not exceed 1 watt;
commercial dishwashers must meet the applicable qualification criteria specified in the Energy Star Program Requirements Product Specification for Commercial Dishwashers, Version 2.0;
commercial steam cookers must meet the requirements specified in the Energy Star Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2;
faucets must meet the following standards when tested in accordance with 10 C.F.R. § 430, Subpart B, Appendix S, compliance with which must be verified by using the Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads in effect on January 1, 2020:
lavatory faucets and replacement aerators must not exceed a maximum flow rate of 1.5 gallons per minute at 60 pounds per square inch;
residential kitchen faucets and replacement aerators must not exceed a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch, with optional temporary flow of 2.2 gallons per minute provided the faucet defaults to a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch after each use; and
public lavatory faucets and replacement aerators must not exceed a maximum flow rate of 0.5 gallons per minute at 60 pounds per square inch;
portable electric spas must meet the requirements of the American National Standard for Portable Electric Spa Energy Efficiency specifically known as ANSI/APSC/ICC 14–2019;
residential ventilating fans must meet the following requirements when tested in accordance with the Home Ventilation Institute’s HVI Airflow Test Procedure (HVI Publication 916):
in–line residential ventilating fans must be equipped with a fan motor with an efficiency of at least 2.8 cubic feet per minute per watt; and
non–in–line residential ventilating fans must be equipped with a fan motor with an efficiency of at least 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and at least 2.8 cubic feet per minute per watt for airflows greater than or equal to 90 cubic feet per minute;
showerheads must not exceed a maximum flow rate of 2.0 gallons per minute at 80 pounds per square inch when tested in accordance with 10 C.F.R. § 430, Subpart B, Appendix S, compliance with which must be verified by using the Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads in effect on January 1, 2020;
spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense Specification for Spray Sprinkler Bodies, Version 1.0 must include an integral pressure regulator and meet the water efficiency, performance criteria, and other requirements specified in the WaterSense Specification for Spray Sprinkler Bodies, Version 1.0;
urinals must have a maximum flush volume of 0.5 gallons per flush when tested in accordance with 10 C.F.R. § 430, Subpart B, Appendix T, compliance with which must be verified by using the Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals in effect on January 1, 2020;
water closets must meet the following standards when tested in accordance with 10 C.F.R. § 430, Subpart B, Appendix T, compliance with which must be verified by using the Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals in effect on January 1, 2020:
subject to item B of this item, water closets must have a maximum flush volume of 1.28 gallons per flush; and
dual–flush tank–type water closets must have a maximum dual–flush effective volume of 1.28 gallons per flush; and
water coolers included in the scope of the Energy Star Program’s Water Coolers Specification, Version 2.0 must have an on mode with no water draw energy consumption that is less than or equal to the following values as measured in accordance with the on mode with no water draw test mode specified in the Water Coolers Specification:
16 kilowatt–hours per day for cold only units and cook and cold units;
87 kilowatt–hours per day for storage type hot and cold units; and
18 kilowatt–hours per day for on–demand hot and cold units.
Beginning January 1, 2024, a new product specified in subsection (b)(1)(iii) through (xiii) of this section may not be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards specified in the regulations adopted under paragraph (1) of this subsection.
This paragraph does not apply to a product that is sold before the regulations adopted under paragraph (1) of this subsection are in effect.
Beginning January 1, 2025, a new product specified in subsection (b)(1)(iii) through (xiii) of this section may not be installed for profit in the State unless the efficiency of the new product meets or exceeds the efficiency standards specified in the regulations adopted under paragraph (1) of this subsection.
By regulation, the Administration may clarify but not expand the scope of the devices defined under subsections (a) and (b) of this section.
On request of a Maryland business or consumer and after public notice and comment, the Administration may delay the effective date of any standard under this section by not more than 1 year if the Administration determines that products conforming to the standard will not be widely available in Maryland by the applicable date stated in subsections (c)(2) and (3)(ii) and (d)(2) and (3)(ii) of this section.
The Administration may limit a delay under paragraph (2) of this subsection to identifiable subcategories of any category of covered products.
The Administration may adopt regulations to increase the efficiency standards for the products listed in subsection (b)(1) of this section.
Every 2 years, the Administration shall consider and propose to the General Assembly:
new standards for products not specifically listed in subsection (b)(1) of this section; and
revised, more stringent standards for products listed in subsection (b)(1) of this section.
In considering new or amended standards, the Administration shall propose new or amended efficiency standards if it determines that any new or increased efficiency standards would:
serve to promote energy conservation in the State;
be life–cycle cost effective for consumers who purchase and use the new products; and
be technologically feasible and economically justified.
A new or increased efficiency standard may not become effective less than 1 year after the adoption of that standard.
Subject to paragraphs (6) and (7) of this subsection, the Administration may apply for a waiver of federal preemption in accordance with federal procedures (42 U.S.C. § 6297(d)) for State efficiency standards for any product regulated by the federal government.
The Administration may apply for a waiver under paragraph (5) of this subsection, if:
at least 90 days before the day on which the application for the waiver is submitted to the federal government, the Administration announces its intention to submit the application by publication in the Maryland Register and writing to the presiding officers of the General Assembly; and
at least 60 days before the day on which the application for the waiver is submitted to the federal government, the Administration, after reasonable notice other than publication in the Maryland Register, shall hold a public hearing on the proposed application to receive public comment.
The President of the Senate and the Speaker of the House of Delegates may direct that the appropriate standing committees of the General Assembly hold hearings on the proposed application for the waiver and provide comments to the Administration.
After public notice and comment, the Administration shall adopt procedures by rule for testing the energy efficiency of the new products listed in subsection (b)(1) of this section if testing procedures are not provided for in the Maryland Building Performance Standards.
The Administration may adopt updated test methods by regulation when new versions of test methods become available or when an alternative test method has been adopted by another state or the federal government.
The Administration shall use appropriate nationally recognized test methods such as those approved by the United States Department of Energy.
The manufacturers of new products listed in subsection (b)(1) of this section shall cause samples of their products to be tested in accordance with the test procedures adopted under this subsection or those specified in the Maryland Building Performance Standards.
Manufacturers of new products listed in subsection (b)(1) of this section shall certify to the Administration that the products are in compliance with the provisions of this section.
The Administration shall adopt regulations governing the certification of new products and may coordinate with the certification programs of other states with similar standards or national voluntary certification programs.
Any manufacturer that has certified a product to another state, the federal Energy Star Program, or the federal WaterSense Program may provide the Administration with a copy of the certification that the manufacturer made to the other state or agency in place of a separate certification to the State of Maryland, provided that:
the other state’s standards or the Energy Star or WaterSense specifications are equivalent to or more stringent than the standards of the State of Maryland; and
all information required by the regulations adopted under subparagraph (i) of this paragraph is included in the certification.
The Administration shall adopt regulations governing the identification of such products or packaging which shall be coordinated to the greatest practical extent with the labeling programs and requirements of other states and federal agencies with equivalent efficiency standards.
If a national efficiency standard is established by federal law or regulation for a product listed in subsection (b) of this section, the labeling requirements set forth in COMAR 14.26.03.11 do not apply to that product.
In accordance with COMAR 14.26.03.11, all display models of products shall be displayed with a mark, label, or tag on the product.
The Administration may test products listed in subsection (b)(1) of this section using an accredited testing facility.
If products tested are found not to be in compliance with the minimum efficiency standards established under subsections (c) and (d) of this section, the Administration shall:
charge the manufacturer of the product for the cost of product purchase and testing; and
make information available to the public on products found not to be in compliance with the standards.
With prior notice and at reasonable and convenient hours, the Administration may make periodic inspections of distributors or retailers of new products listed in subsection (b)(1) of this section in order to determine compliance with the provisions of this section.
The Administration shall coordinate with the Department of Housing and Community Development and the Maryland Department of Labor regarding inspections, prior to occupancy, of newly constructed buildings containing new products that are also covered by the Maryland Building Performance Standards.
The Administration may investigate complaints received concerning violations of this section and shall report the results of an investigation to the Attorney General.
The Attorney General may institute proceedings to enforce the provisions of this section.
A manufacturer, distributor, or retailer of new products listed in subsection (b)(1) of this section that violates any provision of this section shall be issued a warning by the Administration for a first violation.
Repeat violators shall be subject to a civil penalty of not more than $250.
Each violation of this section shall constitute a separate offense and each day that a violation continues shall constitute a separate offense.
Penalties assessed under this subsection are in addition to costs assessed under subsection (j)(2)(i) of this section.
Penalties assessed under this subsection shall be paid into the General Fund of the State.
In this section the following words have the meanings indicated.
“Installed electricity generation capacity” means the maximum direct current power output in watts of the array of photovoltaic modules rated under standard test condition.
“Photovoltaic property” means solar energy property with an installed electricity generation capacity of 20 kilowatts or less that uses a solar photovoltaic process to generate electricity and that meets applicable performance and quality standards and certification requirements in effect at the time of acquisition of the property, as specified by the Maryland Energy Administration.
“Program” means the Solar Energy Grant Program.
“Solar energy property” means equipment that uses solar energy:
to generate electricity;
to heat or cool a structure or provide hot water for use in a structure; or
to provide solar process heat.
“Solar energy property” does not include a swimming pool, hot tub, or any other energy storage medium that has a function other than storage.
“Solar water heating property” means solar energy property that:
when installed in connection with a structure, uses solar energy for the purpose of providing hot water for use within the structure; and
meets applicable performance and quality standards and certification requirements in effect at the time of acquisition of the property, as specified by the Maryland Energy Administration.
There is a Solar Energy Grant Program in the Administration.
The purpose of the Program is to provide grants to individuals, local governments, and businesses for a portion of the costs of acquiring and installing photovoltaic property and solar water heating property.
The Administration shall:
administer the Program;
establish application procedures for the Program; and
award grants from the Program.
A grant awarded under the Program may not exceed:
for photovoltaic property, the lesser of $2,500 per kilowatt of installed electricity generation capacity or $10,000; and
for solar water heating property, the lesser of $3,000 or 30% of the total installed cost of the solar water heating property.
Subject to the limitations in subsection (e) of this section, the Administration may adjust the grant amounts under the Program to reflect market conditions and the prevailing prices of photovoltaic property and solar water heating property.
In this section the following words have the meanings indicated.
“Geothermal heat pump” means a heating and cooling device that is installed using ground loop technology.
“Program” means the Geothermal Heat Pump Grant Program.
“Ton” means 1 standard ton of refrigeration equal to 12,000 British thermal units of heat removal per hour.
There is a Geothermal Heat Pump Grant Program in the Administration.
The purpose of the Program is to provide grants to individuals for a portion of the cost of acquiring and installing a geothermal heat pump.
The Administration shall:
administer the Program;
establish application procedures for the Program; and
award grants from the Program.
A grant awarded under the Program may not exceed the lesser of:
$1,000 per ton or $3,000 for a residential system; and
$1,000 per ton or $10,000 for a nonresidential system.
Subject to the limitations in subsection (e) of this section, the Administration may adjust the grant amounts under the Program to reflect market conditions and the prevailing prices of geothermal heat pump systems.
In this section the following words have the meanings indicated.
“Electric vehicle recharging equipment rebate” means a rebate issued by the Administration under this section for the cost of qualified electric vehicle recharging equipment.
“Qualified electric vehicle recharging equipment” means property in the State that is used for recharging motor vehicles propelled by electricity.
There is an Electric Vehicle Recharging Equipment Rebate Program.
The Administration shall administer the Program.
For fiscal years 2021 through 2026, subject to the provisions of this section, an individual, a business entity, or a unit of State or local government may apply to the Administration for an electric vehicle recharging equipment rebate for the costs of acquiring and installing qualified electric vehicle recharging equipment.
For each fiscal year, the total amount of rebates issued by the Administration may not exceed $2,500,000.
The Administration may allow an applicant to include reasonable installation costs in the cost of qualified electric vehicle recharging equipment for the purpose of calculating the amount of an electric vehicle recharging equipment rebate.
Subject to subsection (e) of this section, the Administration may issue an electric vehicle recharging equipment rebate to:
an individual in an amount equal to the lesser of:
50% of the costs of acquiring and installing qualified electric vehicle recharging equipment; or
$700; or
a business entity or unit of State or local government in an amount equal to the lesser of:
50% of the costs of acquiring and installing qualified electric vehicle recharging equipment; or
$5,000.
Except as provided in paragraph (2) of this subsection, an electric vehicle recharging equipment rebate issued under this section is limited to the acquisition of one recharging system per individual.
The Administration may alter the Program to offer additional benefits for the installation of qualified electric vehicle recharging equipment in multifamily housing, planned urban developments, and condominiums in:
low– to moderate–income communities located in a census tract with an average median income at or below 80% of the average median income for the State; or
overburdened or underserved communities as defined in § 1–701 of the Environment Article.
The Administration may adopt regulations to carry out this section.
The regulations adopted under this subsection may include:
further limitations on the maximum amount of an electric vehicle recharging equipment rebate that may be claimed by an applicant under subsection (d) of this section;
additional benefits for the installation of qualified electric vehicle recharging equipment in multifamily housing, planned urban developments, and condominiums located in:
low– to moderate–income communities located in a census tract with an average median income at or below 80% of the average median income for the State; or
overburdened or underserved communities as defined in § 1–701 of the Environment Article;
a requirement that an applicant demonstrate compliance with a State, local, or federal law that applies to the installation or operation of the qualified electric vehicle recharging equipment; and
any additional application and qualification requirements deemed appropriate by the Administration.
In this section, “Hub” means the Climate Transition and Clean Energy Hub.
There is a Climate Transition and Clean Energy Hub in the Administration.
The purpose of the Hub is to serve as a clearinghouse for information on advanced technology and architectural solutions to reduce greenhouse gas emissions from the building sector.
The Hub shall provide technical assistance to public and private entities to achieve greenhouse gas emissions reductions and comply with State and local energy efficiency and electrification requirements, including:
building emissions standards for covered commercial and multifamily residential buildings established under Title 2, Subtitle 16 of the Environment Article;
the Maryland Building Performance Standards and local amendments to the Standards established under Title 12, Subtitle 5 of the Public Safety Article; and
high performance building requirements for State–funded buildings established under § 3–602.1 of the State Finance and Procurement Article.
The Hub shall also provide technical assistance for increasing building performance and energy efficiency for other existing and new residential properties.
In this section the following words have the meanings indicated.
“Grant” means a medium–duty or heavy–duty zero–emission vehicle grant issued by the Administration under this section for up to 75% of the incremental cost of a qualified medium–duty or heavy–duty zero–emission vehicle or zero–emission heavy equipment property.
“Incremental cost” means the difference in price of:
a conventional model vehicle and a zero–emission model that is attributable to the functional features of the vehicle; or
conventional heavy equipment property and zero–emission heavy equipment property that is attributable to the functional features of the equipment.
“Program” means the Medium–Duty and Heavy–Duty Zero–Emission Vehicle Grant Program.
“Qualified medium–duty or heavy–duty zero–emission vehicle” means a motor vehicle that is:
rated at more than 10,000 pounds gross vehicle weight; and
powered by electricity that is stored in a battery or produced by a hydrogen fuel cell.
“Qualified medium–duty or heavy–duty zero–emission vehicle supply equipment” means property in the State that is used for recharging or refueling medium–duty or heavy–duty zero–emission vehicles or zero–emission heavy equipment property.
“Zero–emission heavy equipment property” means construction, earthmoving, or industrial heavy equipment, including any attachment for the equipment, that:
is mobile; and
does not use an internal combustion engine.
“Zero–emission heavy equipment property” includes:
a self–propelled vehicle that is not designed to be driven on a highway; and
industrial electrical generation equipment, industrial lift equipment, industrial material handling equipment, or other similar industrial equipment.
There is a Medium–Duty and Heavy–Duty Zero–Emission Vehicle Grant Program.
The Program applies only to vehicles and equipment intended for commercial or industrial use.
The Administration shall administer the Program.
For each of fiscal years 2024 through 2027, a person or a unit of local government may apply to the Administration for a grant under the Program.
For the purpose of calculating the amount of a grant, the Administration may allow an applicant to include reasonable installation costs in the cost of qualified medium–duty or heavy–duty zero–emission vehicle supply equipment.
In issuing Program grants, the Administration shall give preference to:
qualified medium–duty or heavy–duty zero–emission vehicles that are:
expected to be primarily domiciled and operated in the State; and
to be owned or operated by an entity engaged in business activity that impacts public health, the environment, or infrastructure in an overburdened or underserved community, as defined in § 1–701 of the Environment Article; and
zero–emission heavy equipment property that is expected to be used primarily at locations in the State.
Program grants are subject to available funding and § 9–20B–05(j)(4) of this title.
Notwithstanding § 9–20B–05(g) of this title, in each of fiscal years 2024 through 2027, the Governor shall include in the annual budget bill an appropriation of at least $10,000,000 from the Strategic Energy Investment Fund for grants for qualified newly manufactured medium–duty or heavy–duty zero–emission vehicles or zero–emission heavy equipment property under the Program.
In this section the following words have the meanings indicated.
“Eligible applicant” means:
the owner of a residential property who purchases and installs an energy storage system on the residential property;
the owner of a commercial property who purchases and installs an energy storage system on the commercial property; or
an individual or a business entity that owns or pays for the installation of an energy storage system that supplies electrical energy intended for use on the residential or commercial property on which the energy storage system is installed.
“Energy storage system” means a system used to store electrical energy, or mechanical, chemical, or thermal energy that was once electrical energy, for use as electrical energy at a later date or in a process that offsets electricity use at peak times.
“Fund” means the Energy Storage System Grant Fund.
“Program” means the Energy Storage System Grant Program.
There is an Energy Storage System Grant Program in the Administration.
The purpose of the Program is to provide grants to individuals and business entities for a portion of the costs of purchasing and installing energy storage systems.
The Administration shall:
administer the Program;
establish application procedures for the Program; and
award grants under the Program.
Subject to paragraph (2) of this subsection and to the availability of money in the Fund, an eligible applicant may apply for a grant under the Program for costs incurred to purchase and install an energy storage system.
The Administration may require that an applicant participate in a program or tariff established under § 7–1005 of the Public Utilities Article as a condition of eligibility for receiving a grant under the Program.
Except as provided in paragraph (2) of this subsection, a grant awarded under the Program may not exceed the lesser of:
for an energy storage system installed on a residential property, $5,000; or
for an energy storage system installed on a commercial property, $150,000; or
30% of the total installed costs of the energy storage system.
The award limits in paragraph (1) of this subsection do not apply to a grant provided to an applicant as an upfront incentive or rebate under § 7–1006 of the Public Utilities Article.
The Administration shall approve all applications that qualify for a grant under the Program:
on a first–come, first–served basis; and
in a timely manner.
A grant under this section may not be awarded for an energy storage system installed before January 1, 2025.
There is an Energy Storage System Grant Fund.
The Administration shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
money appropriated in the State budget to the Fund; and
any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for:
providing grants under the Program to eligible applicants; and
administrative costs of the Program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the General Fund of the State.
The Administration may adopt regulations to carry out this section.
In this section the following words have the meanings indicated.
“Fund” means the Mechanical Insulation Installation Grant Fund.
“Mechanical insulation” means insulation materials, facings, and accessory products used for thermal requirements for mechanical piping and equipment, hot and cold applications, and heating, ventilation, and air–conditioning applications.
“Minimum ASHRAE standard” means the minimum American Society of Heating, Refrigerating, and Air–Conditioning Engineers (ASHRAE) standard 90.1–2019 (Energy Standard for Buildings Except Low–Rise Residential Buildings).
“Program” means the Mechanical Insulation Installation Grant Program.
“Qualified expenses” means a capital investment of at least $10,000 for the installation of mechanical insulation, in a manner that complies with the minimum ASHRAE standard in effect at the time of the investment, on a commercial or industrial property in the State.
“Qualified expenses” includes:
amounts paid for the purchase of mechanical insulation installed on the property; and
labor costs paid for the preparation, assembly, and installation of mechanical insulation on the property.
“Qualified expenses” does not include capital investments for the installation of mechanical insulation that are required by statute, regulation, or code.
There is a Mechanical Insulation Installation Grant Program in the Administration.
The purpose of the Program is to provide grants to individuals, nonprofit organizations, and business entities for a portion of the qualified expenses paid or incurred to install mechanical insulation on a commercial or industrial property.
The Administration shall:
administer the Program;
establish application procedures for the Program; and
award grants from the Program.
Subject to the availability of money in the Fund, an individual, a nonprofit organization, or a business entity may apply for a grant under the Program for qualified expenses paid or incurred to install mechanical insulation on a commercial or industrial property.
A grant awarded under the Program may not exceed the lesser of:
30% of the total amount of qualified expenses paid or incurred by the applicant; or
$20,000.
There is a Mechanical Insulation Installation Grant Fund.
The Administration shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
money appropriated in the State budget to the Fund; and
any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for:
providing grants under the Program to eligible applicants; and
administrative costs of the Program.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the General Fund of the State.
The Administration shall adopt regulations to carry out this section.
In this section the following words have the meanings indicated.
“Extended grid outage” means a planned or unplanned grid outage lasting more than 4 hours.
“Low–income” means a household with an annual adjusted gross income at or below 175% of the federal poverty level.
“Microgrid” means technology that:
combines clean, distributed power generation with advanced control equipment; and
enables portions of the electric grid to remain online when the wider grid is down.
“Moderate–income” means a household with an annual adjusted gross income at or below 80% of the local median income, as determined by the latest Maryland Department of Housing and Community Development “Income Limits” document.
“Program” means the Resiliency Hub Grant Program.
“Resiliency hub” means a location where solar photovoltaic and battery energy storage are designed to provide electricity to meet community needs during extended grid outages, including providing:
emergency heating and cooling;
refrigeration of temperature–sensitive medications;
outlets or other plug power options for charging cell phone and computer batteries; and
ventilation and emergency lighting.
There is a Resiliency Hub Grant Program in the Administration.
The purpose of the Program is to develop resiliency hubs that serve low–income and moderate–income households at no cost to the households.
By regulation, the Administration shall set the terms and conditions for the issuance of grants under the Program consistent with this subtitle.
The regulations shall include:
a competitive application process for the Program; and
criteria and procedures for awarding grants to eligible recipients that give priority to awarding grants to projects for microgrids that:
use a community solar energy generating system, as defined in § 7–306.2 of the Public Utilities Article; and
provide more than 30% of the system’s kilowatt output to low–income and moderate–income subscribers.
The following persons are eligible for a grant under the Program:
businesses;
nonprofit entities;
units of State government; and
local governments.
A project is eligible for a grant under the Program if the project:
proposes to develop a resiliency hub;
will operate the resiliency hub for a period of at least 5 years; and
will serve a community of majority low–income or moderate–income households.
The Administration shall:
coordinate administration of the Program with the Maryland Department of Emergency Management; and
provide to grant applicants information on other sources of assistance that may benefit the project, including loans and grants awarded under § 9–20B–05(i)(3) of this title.
A person who receives a grant under the Program shall:
acquire a written attestation that all installation contractors and subcontractors working on the project:
pay at least 150% of the State minimum wage;
afford employees the right to bargain collectively for wages and benefits;
provide paid leave;
are considered “covered employment” for purposes of unemployment insurance benefits in accordance with Title 8 of the Labor and Employment Article;
entitle the employees to workers’ compensation benefits in accordance with Title 9 of the Labor and Employment Article;
have been in compliance with federal and State wage and hour laws for the longer of the immediately preceding 3 years or for the duration of the contractor’s or subcontractor’s business operation; and
offer employer–provided health insurance benefits with monthly premiums that do not exceed 8.5% of the employee’s net monthly earnings; and
provide to the Administration a progress report on or before January 10, April 10, July 10, and October 10 each year.
In this section the following words have the meanings indicated.
“Fund” means the Resiliency Hub Grant Program Fund.
“Program” means the Resiliency Hub Grant Program established under § 9–2010 of this subtitle.
There is a Resiliency Hub Grant Program Fund.
The purpose of the Fund is to provide grants under the Program.
The Administration shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
grant funding obtained under subsection (k) of this section;
funds distributed to the Fund under § 9–20B–05 of this title and §§ 2–110.1 and 13–201 of the Public Utilities Article;
money appropriated in the State budget to the Fund;
interest earnings; and
any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only for:
grants awarded under the Program; and
costs associated with administering the Program and the Fund.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any interest earnings of the Fund shall be credited to the Fund.
Expenditures from the Fund may be made only in accordance with the State budget.
Money expended from the Fund for the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Program.
The Administration and the Maryland Department of Emergency Management, in coordination with any other appropriate unit of State government, shall identify and apply for grant funding, including federal grant funding, to support the Program.
In this section the following words have the meanings indicated.
“Eligible customer–generator” has the meaning stated in § 7–306 of the Public Utilities Article.
“Low to moderate income” means a household with an annual household income at or below 150% of the average median income for the State.
“Program” means the Customer–Sited Solar Program established in this section.
There is a Customer–Sited Solar Program in the Administration.
The purpose of the Program is to:
increase deployment of customer–sited solar energy generating systems; and
provide grants to eligible customer–generators that have installed solar energy generating systems with or without energy storage.
The Administration shall:
on or before January 1, 2025, establish application and income verification procedures for the Program; and
award grants from the Program.
An applicant for a grant under this section shall:
include in the application an executed contract to purchase or lease a solar energy generating system or an executed power purchase agreement for the system;
demonstrate that an agreement entered into between a third party and an eligible customer–generator meets the minimum benefits published under subsection (j) of this section; and
include a signed disclosure form developed under subsection (l) of this section.
The Program may provide grants to an income–verified eligible customer–generator with a low to moderate income in an amount equal to $750 per kilowatt of nameplate capacity for a solar energy generating system, up to a maximum of $7,500 per system.
A grant awarded under subsection (e) of this section shall be funded from the Maryland Strategic Energy Investment Fund established under § 9–20B–05 of this title.
The Administration shall use the income verification processes under § 7–306.2(f)(1)(iv)1 through 6 of the Public Utilities Article to verify income for an eligible customer–generator with a low to moderate income.
A third party may:
apply for a grant on behalf of an eligible customer–generator with proof of consent from the eligible customer–generator; and
be assigned a grant by the eligible customer–generator to act on behalf of the eligible customer–generator.
Funding used for grants under this section shall be monitored through an application process maintained by the Administration and visible on the Administration’s website.
Data on the Administration’s website shall:
include the amount of funding available, reserved, and spent for the fiscal year; and
be updated regularly.
The Administration shall publish:
the disclosure form developed under subsection (l) of this section; and
the minimum benefits that an eligible customer–generator must receive under an agreement with a third party.
A solar energy generating system shall be installed within 180 days after a grant under this section is reserved by the Administration for an eligible customer–generator.
The Administration shall develop a consumer protection policy in consultation with representatives of the customer–sited solar industry.
The consumer protection policy developed under paragraph (1) of this subsection shall:
include a disclosure form for solar energy power purchase agreements, solar energy lease agreements, and solar energy loan agreements that must be signed by an eligible customer–generator before entering into the agreement;
for a solar energy power purchase agreement or a solar energy lease agreement, prohibit an annual rate increase of more than 3%;
allow a customer–generator to cancel an agreement entered into with a third party up to 30 days after signing the agreement; and
be easily accessible on the Administration’s website and social media platforms.
On or before December 1, 2025, to assist the State in meeting its solar energy commitments under Title 7, Subtitle 7 of the Public Utilities Article, the Department of Natural Resources, in consultation with the Maryland Energy Administration, the Department of Transportation, and the Department of Planning, shall update the publicly available SmartDG+ tool to include State–owned land suitable for solar energy development.
On or before December 1, 2026, the Department of Natural Resources, in consultation with the Maryland Energy Administration, the Department of Transportation, and the Department of Planning, shall analyze land owned by the State to identify land suitable for solar energy development to assist the State in meeting its solar energy commitments under Title 7, Subtitle 7 of the Public Utilities Article.