Chapter 02. Maryland Strategic Energy Investment Program
Regulation .01 Scope.LinkCopy Citation
These regulations establish procedures for the administration of a grant under the Strategic Energy Investment Program, established under State Government Article, §9-20B-02, Annotated Code of Maryland, and utilizing funds appropriated from the Strategic Energy Investment Fund under State Government Article, §9-20B-05, Annotated Code of Maryland, where no other law or regulation controls.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Maryland Energy Administration.
(2)
“Applicant” means a person or entity that applies for a grant from the Administration.
(3)
“Application” means a request to receive a grant from the Administration.
(4)
“Competitive funding opportunity” means a funding opportunity for which the Administration considers all complete applications submitted and selects those applications that best meet the criteria in the relevant FOA as determined by the Administration.
(5)
“Complete application” means a timely application that includes all the information required by the FOA.
(6)
“Evaluation criteria” means factors identified in the FOA that the Administration uses to determine which applications submitted in response to a FOA best meet the Administration’s specified purpose.
(7)
“Fund availability” means the presence of monies that the Administration is authorized to expend for a particular purpose, such as the discretionary offering of grants.
(8)
“Funding opportunity announcement” or “FOA” means a notice to the public of a grant funding opportunity available for a specific period and purpose that includes the conditions, criteria, and guidelines developed by the Administration.
(9)
Grant.
(a)
“Grant” means the bestowing of a power, money, privilege, property, or other item of value that may be conditional, although without other consideration, by the Administration upon another party.
(b)
Grant includes a rebate, technical assistance, and the provision of a portion or all a grantee’s matching or cost sharing for a federal grant.
(10)
“Grant agreement” means a written agreement between the Administration and a grantee with respect to a grant.
(11)
“Noncompetitive funding opportunity” means a funding opportunity for which the Administration considers complete applications on a first-come, first-served basis.
(12)
Person.
(a)
“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity.
(b)
“Person” includes a not-for-profit corporation, partnership, business trust, statutory trust, limited liability company, firm, or association that is in good standing with the State.
(13)
Project.
(a)
“Project” means an activity or undertaking that is consistent with the requirements of a FOA.
(b)
“Project” includes all activities and requirements specified in the FOA or grant agreement.
(14)
“Rebate” is a noncompetitive funding opportunity for a project that is complete at the time the application is submitted to the Administration.
(15)
“State” means the State of Maryland.
(16)
State Agency.
(a)
“State agency” means any administration, agency, association, authority, board, bureau, college, commission, committee, council, foundation, fund, department, institute, institution, public corporation, service, trust, university, or other unit of the Executive Branch of the State government and includes any subunit within any of these units.
(b)
“State agency” does not include a bicounty or multicounty government agency or political subdivision of the State, including a county, municipality, special tax district, sanitary district, drainage district, soil conservation district, water supply district, or any entity organized under the general corporation laws of the State.
(17)
“Strategic Energy Investment Fund” or “SEIF” has the meaning stated in State Government Article, §9-20B-05, Annotated Code of Maryland.
(18)
“Strategic Energy Investment Program” means the program established and described in State Government Article, Title 9, Subtitle 20B, Annotated Code of Maryland.
Regulation .03 Authority of Administration.LinkCopy Citation
The Administration may:
A.
Develop a FOA;
B.
Establish an application process, requirements, and criteria for each FOA;
C.
Receive and evaluate a grant application;
D.
Offer a grant;
E.
Receive and evaluate requests for cost sharing or matching to be used in a proposal for a federal grant;
F.
Offer a grant for all or a portion of a grantee’s cost sharing or matching for a federal grant;
G.
Terminate a grant; or
H.
Require repayment of a grant for noncompliance.
Regulation .04 Funding Opportunity Announcement.LinkCopy Citation
A.
The Administration shall publish on its website a FOA for each grant offered by the Administration.
B.
Each initial FOA shall include an application period of at least 30 calendar days.
C.
Each FOA shall explain each of the following when applicable:
(1)
Name and purpose;
(2)
Duration and schedule;
(3)
Requirements;
(4)
Deadlines;
(5)
Anticipated funding amount at the time the FOA is published;
(6)
Designation as a competitive or a noncompetitive grant;
(7)
Evaluation criteria;
(8)
Method for determining a grant amount under the FOA and whether an amount other than the requested amount may be offered;
(9)
The required form and manner in which to submit a complete application;
(10)
Limitations on the offer of a grant, including the amount for an individual grant or the number of grants an applicant may receive;
(11)
Evaluation process; and
(12)
Other information the Administration determines is appropriate.
D.
The Administration may modify a FOA by publishing a notice of the modified provision on its website no less than 10 business days prior to the application deadline and effective date of the modified provision.
Regulation .05 Funding Opportunity Application and Review.LinkCopy Citation
A.
The Administration shall review each complete application received using any method described in the FOA.
B.
After review of a complete application, the Administration may take any of the following actions:
(1)
Offer a grant;
(2)
Offer a partial grant;
(3)
Hold the application for further consideration during the same fiscal year;
(4)
Hold the application for further consideration in a succeeding fiscal year; or
(5)
Reject the application.
C.
The Administration may reject an application if:
(1)
The application is not a complete application;
(2)
The application is inconsistent with law;
(3)
For a competitive funding opportunity, the Administration has not selected the application for a grant;
(4)
The Administration determines that sufficient funding is not available; or
(5)
The Director of the Administration determines that offering a grant is not in the best interest of the State.
D.
The Administration shall provide written notice of the action taken under §B of this regulation within 30 days, and, if the application is rejected, the basis for the action taken under §C of this regulation.
E.
For reconsideration of an action by the Administration under §B or C of this regulation, the applicant shall submit a written request to the Administration within 14 business days of receiving the written notice under §D of this regulation.
F.
The written decision by the Director, or the Director’s designee, on the request for reconsideration shall be the final decision of the Administration.
Regulation .06 Grant Evaluation.LinkCopy Citation
The Administration may offer a grant for the value it determines is appropriate after considering any requirements and evaluation criteria specified in the FOA, fund availability, or any other factor the Administration determines appropriate.
Regulation .07 Grant to Provide a Cost Sharing or Matching for a Federal Grant.LinkCopy Citation
A.
The Administration may offer an applicant all or part of the applicant’s cost sharing or matching for a federal grant if:
(1)
The project is within the scope of this chapter as specified in Regulation .01;
(2)
The project directly benefits the State; and
(3)
The applicant complies with all the requirements for the federal grant.
B.
The Administration shall cancel a grant offer made pursuant to §A of this regulation if the applicant does not receive the federal grant.
C.
The Administration may offer a grant to an applicant that submits an unsolicited request for cost sharing or matching for a federal grant consistent with this regulation.
Regulation .08 Grant Agreements.LinkCopy Citation
A.
To be eligible to receive a grant from the Administration, the applicant shall execute a grant agreement provided by the Administration prior to any distribution of funds.
B.
A grant agreement shall, if applicable:
(1)
Identify each party and any authorized representative;
(2)
Describe the project;
(3)
Specify the value of the grant;
(4)
Specify terms of the grant agreement;
(5)
Set forth each requirement for receiving a grant, including any reporting, invoicing, or project compliance verification requirements;
(6)
Specify each condition under which noncompliance may require repayment of a grant;
(7)
Require certification of the applicant’s good standing with the State;
(8)
Provide the Administration or its designee the right to access the project site for verification or any other relevant purpose;
(9)
Provide the right of the Administration to utilize project information for any relevant purpose; and
(10)
Include any other applicable provision required in a State financial agreement.
C.
A grant agreement may contain any additional provision deemed appropriate by the Administration.
D.
For a rebate, a grant application that meets the requirements set forth in §B of this regulation may serve as the grant agreement.
Regulation .09 Applicant Responsibilities.LinkCopy Citation
A.
An applicant shall timely provide any information concerning an application, request, or proposal as requested by the Administration.
B.
A person that provides a statement or report in any document required to be furnished to the Administration by any agreement relating to a grant, loan, or other financial assistance is subject to the provisions of State Government Article, §9–20B–11, Annotated Code of Maryland.
Regulation .10 Inter-Agency Agreements.LinkCopy Citation
A.
A State agency other than the Administration may submit a funding request to the Administration for a project, activity, or investment designed to advance a purpose of the Strategic Energy Investment Program and intended for implementation in a subsequent fiscal year.
B.
To request funding from the SEIF, a State agency shall submit a written proposal to the Administration, including the following:
(1)
A description of the project, activity, or investment;
(2)
The requested amount of funding in the relevant fiscal year to implement the project, activity, or investment;
(3)
A description of how the proposed project, activity, or investment is consistent with the Strategic Energy Investment Program and will further State policy goals;
(4)
A description of anticipated impacts, how they advance the State’s policy goals, and how the impacts are measured and verified;
(5)
An implementation timeline for the project, activity, or investment; and
(6)
Any other information the Administration requests for the purpose of evaluating the proposal.
C.
In response to such a request from a State agency, the Administration may:
(1)
Review the funding request to determine whether it is consistent with the Strategic Energy Investment Program, the requirements of any existing FOA, or State policy;
(2)
Consider the funding request in the context of any existing or anticipated FOA, fund availability, forecasted revenue, and fund balances; or
(3)
Make recommendations for inclusion of the funding request in the State’s operating budget for a new energy-related project, activity, or investment found to be consistent with State Government Article, Title 9, Subtitle 20B, Annotated Code of Maryland, as well as broader State policy goals.
D.
Each State agency that receives funding from the SEIF under this regulation shall:
(1)
Utilize funding from the SEIF in a manner consistent with a memorandum of understanding executed between the State agency and the Administration; and
(2)
Comply with all reporting requirements as determined by the Administration.
Regulation .11 Unavailability of Funds.LinkCopy Citation
Notwithstanding any applicable law or regulation, the Administration may suspend or cancel any FOA, grant, or agreement due to unavailability of funds.
Regulation .12 Waiver.LinkCopy Citation
The Director may waive or modify a provision of this chapter that is inconsistent with the Strategic Energy Investment Program or other law or regulation.
Chapter annotations
Authority: State Government Article, §§9-20B-01and 9-20B-12, Annotated Code of Maryland
History: Effective date: March 3, 2003 (30:4 Md. R. 318)
History: Chapter revised effective August 29, 2005 (32:17 Md. R. 1440)
History: Regulation .02B amended effective February 12, 2007 (34:3 Md. R. 300)
History: Regulation .04A amended effective February 12, 2007 (34:3 Md. R. 300)
History: Regulation .05 amended effective February 12, 2007 (34:3 Md. R. 300)
History: Chapter revised as an emergency provision effective October 20, 2011 (38:24 Md. R. 1496); emergency status expired December 31, 2011
History: Regulations .01—.10 under Green Building Tax Credit Program repealed and new Regulations .01—.12 under Maryland Strategic Energy Investment Program adopted effective July 1, 2024 (51:7 Md. R. 333)