Md. Code, State Government § 7-215 — MD Code / Article gsg / Title 7 / Subtitle 2 / Section 7-215
§7–215.
Status: in_force

The Administrator may require a unit to reimburse the Division for the cost of a publication of a document in an issue of the Register if the unit submits, withdraws, or changes the document after the closing date and hour of that issue.
Md. Code, Health Occupations § 7-101 — MD Code / Article gho / Title 7 / Subtitle 1 / Section 7-101
§7–101.
Status: in_force

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

(a–1) “Alkaline hydrolysis” has the meaning stated in § 5–101 of the Business Regulation Article.

(b) “Apprentice” means an individual licensed by the Board who assists a licensed mortician or funeral director in the practice of mortuary science or funeral direction, under direct supervision of a licensed mortician or funeral director.

(c) “Apprentice sponsor” means an individual who:

(1) Is a licensed mortician or funeral director whose license is in good standing with the Board;

(2) Has practiced mortuary science as a licensed mortician or funeral director in Maryland at least 1 year immediately prior to accepting the applicant as an apprentice; and

(3) Provides direct supervision to an apprentice.

(c–1) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General Article.

(d) “Board” means the State Board of Morticians and Funeral Directors.

(e) (1) “Business of operating a crematory” means controlling or managing a crematory.

(2) “Business of operating a crematory” does not include:

(i) The practice of funeral direction or the practice of mortuary science; or

(ii) 1. Assistance in making decisions and filling out forms that are not directly related to cremation;

2. Obtaining vital statistics, signatures, and other information necessary to complete a death certificate;

3. Transportation of a body to the place of disposition; or

4. Any other services regarding the disposition of a body that are not directly related to cremation.

(f) (1) “Corporation” means a mortuary science business whose articles of incorporation are in good standing with the Maryland State Department of Assessments and Taxation, or its successor, the initial business for which the license is issued must have been incorporated on or before June 1, 1945 and have “Incorporated”, “Inc.”, or “Corporation” in its name.

(2) “Corporation” does not include, for purposes of issuing a corporation license, a “professional association” (P.A.) or a “professional corporation” (P.C.).

(g) “Courtesy card” means a license issued by the Board to licensed practitioners of mortuary science in other states, to make a removal of a dead human body in this State and to return the body to another state or country, to return dead bodies from another state or country to this State, to fill out the family history portion of the death certificate, and to sign the death certificate in the holder’s capacity as a licensed practitioner of mortuary science.

(h) “Cremation” means disposition of a dead human body by means of incineration.

(i) “Crematory” means a building, portion of a building, or structure that houses the necessary appliances and facilities for cremation or alkaline hydrolysis.

(j) “Funeral director” means an individual who is licensed by the Board to practice all aspects of mortuary science except for embalming.

(k) “Funeral establishment” means any building, structure, or premises from which the business of practicing mortuary science is conducted.

(l) (1) “Human remains” means:

(i) The body of a deceased person; or

(ii) A part of a body or limb that has been removed from a living person.

(2) “Human remains” includes the body or part of a body or limb in any state of decomposition.

(3) “Human remains” does not include soil remains produced after the completion of natural organic reduction.

(l–1) “Hydrolyzed remains” has the meaning stated in § 5–101 of the Business Regulation Article.

(m) (1) “License” means, unless the context requires otherwise, a license issued by the Board.

(2) “License” includes, unless otherwise indicated:

(i) A mortician license;

(ii) An apprentice license;

(iii) A funeral director license;

(iv) A surviving spouse license;

(v) A corporation license;

(vi) A funeral establishment license; and

(vii) A courtesy card.

(n) “Licensed apprentice” means, unless the context requires otherwise, an apprentice who is licensed by the Board to assist a licensed mortician or funeral director in the practice of mortuary science or funeral direction.

(o) “Licensed funeral director” means, unless the context requires otherwise, a funeral director who is licensed by the Board to practice funeral direction.

(p) “Licensed funeral establishment” means, unless the context requires otherwise, a funeral establishment that is licensed by the Board.

(q) “Licensed mortician” means, unless the context requires otherwise, a mortician who is licensed by the Board under this title to practice mortuary science.

(r) “Licensee” means an individual or entity licensed by the Board to practice mortuary science to the extent determined by the Board.

(s) “Mortician” means an individual who practices mortuary science.

(s–1) “Natural organic reduction” has the meaning stated in § 5–101 of the Business Regulation Article.

(t) (1) “Practice funeral direction” means:

(i) To operate a funeral establishment;

(ii) For compensation, to prepare a dead human body for disposition; or

(iii) For compensation, to arrange for or make final disposition of a dead human body.

(2) “Practice funeral direction” does not include:

(i) For compensation, disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection or any other type of preservation; or

(ii) The business of operating a crematory or reduction facility.

(u) (1) “Practice mortuary science” means:

(i) To operate a funeral establishment;

(ii) For compensation, to prepare a dead human body for disposition; or

(iii) For compensation, to arrange for or make final disposition of a dead human body.

(2) “Practice mortuary science” includes:

(i) The practice of funeral direction; and

(ii) Disinfecting or preserving a dead human body or any of its parts by arterial or cavity injection.

(3) “Practice mortuary science” does not include:

(i) The pickup, removal, or transportation of a dead human body, if the unlicensed individual is acting under the direction of a licensed mortician or funeral director; or

(ii) The business of operating a crematory or reduction facility.

(v) “Pre–need contract” means an agreement between a consumer and a licensed funeral director, licensed mortician, or surviving spouse to provide any goods and services purchased prior to the time of death. Goods and services shall include:

(1) A service, including any form of preservation and disposition or cremation, that a mortician normally provides in the ordinary course of business; or

(2) Merchandise, including a casket, vault, or clothing, that a mortician normally provides in the ordinary course of business.

(v–1) “Reduction facility” has the meaning stated in § 5–101 of the Business Regulation Article.

(v–2) “Registered reduction operator” has the meaning stated in § 5–101 of the Business Regulation Article.

(v–3) “Soil remains” has the meaning stated in § 5–101 of the Business Regulation Article.

(w) “Surviving spouse” means the legal widow or widower of a licensed funeral director or licensed mortician, whose license was in good standing at the time of death, and who at the time of death, wholly or partly owned and operated a mortuary science business.
Md. Code, Labor and Employment § 7-205 — MD Code / Article gle / Title 7 / Subtitle 2 / Section 7-205
§7–205.
Status: in_force

On request of the Commissioner, the Attorney General may proceed in a court or before a federal unit to enforce:

(1) a decision of the Commissioner made under this title;

(2) a subpoena issued under this title;

(3) an order of the Commissioner passed under this title; or

(4) the collection of a civil penalty assessed under this title.
Md. Code, State Finance and Procurement § 7-327 — MD Code / Article gsf / Title 7 / Subtitle 3 / Section 7-327
§7–327.
Status: reserved

(a) In this section, “Fund” means the Federal Government Employee Assistance Loan Fund.

(b) There is a Federal Government Employee Assistance Loan Fund.

(c) The purpose of the Fund is to provide loans to State residents who are:

(1) employees of the federal government, required to report to work, and who are not being paid because of a full or partial federal government shutdown due to a lapse in appropriations after January 1, 2025; or

(2) in the immediately preceding 6 months, and on or after January 1, 2025, were terminated from employment by the federal government due to the closure, relocation, or mass layoff of a unit of the federal government, or other similar circumstances beyond the employees’ control, and who are experiencing financial hardship as determined by the Maryland Department of Labor.

(d) The Maryland Department of Labor shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this subtitle that shall be available in perpetuity for the purpose of providing loans in accordance with the provisions of this section.

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

(3) The Maryland Department of Labor is authorized to disclose information to third–party vendors to verify federal employment for the purpose of assisting with the implementation of the Fund, subject to privacy considerations.

(f) The Fund consists of:

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

(2) any interest earnings of the Fund;

(3) money transferred from the Catastrophic Event Account in accordance with § 7–324 of this subtitle;

(4) repayments on loans made from the Fund; and

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

(g) The Fund shall be used only to provide no–interest loans to State residents who are:

(1) employees of the federal government, required to report to work, and who are not being paid because of a full or partial federal government shutdown due to a lapse in appropriations after January 1, 2025; or

(2) in the immediately preceding 6 months, and on or after January 1, 2025, were terminated from employment by the federal government due to the closure, relocation, or mass layoff of a unit of the federal government, or other similar circumstances beyond the employees’ control, and who are experiencing financial hardship as determined by the Maryland Department of Labor.

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

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

(i) (1) Subject to paragraph (2) of this subsection, the Maryland Department of Labor shall establish procedures and eligibility criteria for loans from the Fund.

(2) The eligibility criteria shall include that:

(i) 1. the federal government is in a full or partial shutdown due to a lapse in appropriations; or

2. a unit of the federal government has been closed, been relocated, experienced mass layoffs, or experienced other similar circumstances; and

(ii) an individual applying for a loan from the Fund is, a resident of the State who is:

1. an employee of the federal government, required to report to work, and not being paid because of the full or partial federal government shutdown due to the lapse in appropriations after January 1, 2025; or

2. a former employee of the federal government who, within the 6 months immediately preceding the date of the loan application, and on or after January 1, 2025, was terminated from employment by the federal government due to the closure, relocation, or mass layoff of a unit of the federal government, or other similar circumstances beyond the individual’s control, and who is experiencing financial hardship as determined by the Maryland Department of Labor.

(3) The Maryland Department of Labor may establish other criteria to best assist federal employees facing financial hardship.

(4) The procedures shall include:

(i) application procedures;

(ii) payment procedures from the Fund; and

(iii) if repayment is required, repayment procedures, including timelines, for an individual to repay a loan from the Fund.

(5) The Maryland Department of Labor may forgive a loan provided under this section.
Md. Code, Courts and Judicial Proceedings § 7-504.1 — MD Code / Article gcj / Title 7 / Subtitle 5 / Section 7-504.1
§7–504.
Status: in_force

§7–504.1.

(a) This section applies to a defendant who is required to pay a fine for one or more traffic offenses, including one or more citations for a violation of a parking ordinance or regulation adopted under Title 26, Subtitle 3 of the Transportation Article.

(b) (1) The District Court or a circuit court may authorize the clerk of the court to approve an individual installment plan agreement in accordance with this section for the payment of:

(i) One or more citations for a payable violation issued under § 26–201 of the Transportation Article; or

(ii) One or more fines imposed at a hearing or trial by the court.

(2) A defendant who agrees to enter into an installment plan agreement for the payment of one or more citations under paragraph (1)(i) of this subsection consents to conviction at the time of the agreement.

(c) (1) A defendant who is sentenced to pay one or more fines that total at least $150 and certifies that the defendant is unable to pay the fine or fines may apply to the clerk of the court to make installment payments in accordance with this section.

(2) An installment plan agreement under this section shall:

(i) Require that the defendant make installment payments on the total amount of the fine or fines covered by the agreement; and

(ii) Specify the offenses and citations to which the agreement applies.

(3) As a condition of an installment plan agreement, a defendant who enters into the agreement shall inform the clerk of the court of any change of address during the term of the agreement.

(4) (i) If a defendant fails to pay a fine in accordance with an installment plan agreement under this section, the clerk of the court may:

1. Refer the amount of the unpaid outstanding fine to the Central Collection Unit of the Department of Budget and Management; or

2. Process the unpaid outstanding fine as it would other outstanding fines owed the court.

(ii) The clerk of the court shall provide notice to the defendant of the disposition of the unpaid outstanding fine under subparagraph (i) of this paragraph in the same manner required for other outstanding fines processed in the same manner.

(d) The requirements of subsection (c) of this section shall be posted in the clerk’s office and on the website of the court.
Md. Code, Education § 7-202 — MD Code / Article ged / Title 7 / Subtitle 2 / Section 7-202
§7–202.
Status: in_force

(a) The State Board shall require a minimum level of reading ability for each grade 2 through 12 that rises for each succeeding grade.

(b) If a county board, based on local assessment of student progress and in conjunction with the Maryland education accountability program, finds that a student in grade 3, 7, or 9 through 11 who is not moderately, severely, or profoundly intellectually limited has not met either a minimum grade level competency or the minimum reading level as required by the State Board for the previous grade, the student shall be:

(1) Kept in the current grade; or

(2) Enrolled in an appropriate reading assistance program as part of his instructional program.

(c) The provisions of this section may not be the sole reason for withholding grade advancement more than once in grades 2 through 7.

(d) The State Board shall adopt bylaws to implement this section.
Md. Code, General Provisions § 7-302 — MD Code / Article ggp / Title 7 / Subtitle 3 / Section 7-302
§7–302.
Status: in_force

The calico cat is the State cat.
Md. Code, Financial Institutions § 7-209 — MD Code / Article gfi / Title 7 / Subtitle 2 / Section 7-209
§7–209.
Status: in_force

(a) The Commissioner may suspend or revoke the certificate of authority of a credit union share guaranty corporation if the credit union share guaranty corporation or a director or officer of the credit union share guaranty corporation:

(1) Makes a material misstatement in an application for a certificate of authority;

(2) Is convicted under the laws of the United States or any state of:

(i) A felony; or

(ii) A misdemeanor that is directly related to the activities authorized by the certificate of authority;

(3) In connection with any credit union share guaranty transaction:

(i) Commits a fraud;

(ii) Engages in an illegal or dishonest activity; or

(iii) Misrepresents or fails to disclose a material fact to a person entitled to that information;

(4) Violates any provision of this subtitle, any rule or regulation adopted under this subtitle, or any other law regulating credit union share guaranty business in the State, or fails to comply with an order of the Commissioner;

(5) Is found by the Commissioner to be in unsound condition or in a condition that renders further transaction of credit union share guaranty business hazardous to participating credit unions, the members of the participating credit unions, or the public;

(6) Refuses or delays payment of amounts due claimants without just cause;

(7) Refuses to be examined or to produce records or files for examination by the Commissioner when required;

(8) Refuses to provide additional information reasonably requested by the Commissioner; or

(9) Otherwise demonstrates unworthiness, bad faith, dishonesty, or any other quality that indicates that the business of the credit union share guaranty corporation has not been or will not be conducted honestly, fairly, and equitably.

(b) In determining whether the certificate of authority of a credit union share guaranty corporation should be suspended or revoked for a conviction listed in subsection (a)(2) of this section, the Commissioner shall consider:

(1) The nature of the crime;

(2) The relationship of the crime to the activities authorized by the certificate of authority;

(3) The relevance of the conviction to the fitness and qualification of the credit union share guaranty corporation to engage in the credit union share guaranty business;

(4) The length of time since the conviction; and

(5) The behavior and activities of the credit union share guaranty corporation since the conviction.

(c) (1) The Commissioner may enforce the provisions of this subtitle and any rule or regulation adopted under this subtitle by:

(i) Issuing an order to the credit union share guaranty corporation or entering into an agreement under which the credit union share guaranty corporation agrees:

1. To cease and desist from the violation and any further similar violations; and

2. To take affirmative action to correct the violation, including the restitution of money or property to any person aggrieved by the violation; and

(ii) Imposing a civil penalty not exceeding $1,000 for each violation.

(2) If a violator fails to comply with an order or agreement under this subsection, the Commissioner may impose a civil penalty not exceeding $1,000 for each violation from which the violator failed to cease and desist or for which the violator failed to take affirmative corrective action.

(d) The Commissioner may file a petition in the circuit court for a county seeking enforcement of an order issued under this section.

(e) In determining the amount of financial penalty to be imposed under subsection (c) of this section, the Commissioner shall consider:

(1) The seriousness of the violation;

(2) The good faith of the violator;

(3) The violator’s history of previous violations;

(4) The deleterious effect of the violation on the public and holders of credit union share or deposit accounts;

(5) The assets of the violator; and

(6) Any other factors relevant to the determination of the financial penalty.

(f) (1) Before the Commissioner takes any action under subsection (a) or (c) of this section, the Commissioner shall give the credit union share guaranty corporation an opportunity for a hearing.

(2) A hearing under this subtitle shall be held in accordance with the Administrative Procedure Act.

(3) The hearing notice shall be sent by certified mail, return receipt requested, to the credit union share guaranty corporation to the principal place of business of the credit union share guaranty corporation at least 30 days before the hearing.
Md. Code, Health - General § 7-101 — MD Code / Article ghg / Title 7 / Subtitle 1 / Section 7-101
§7–101.
Status: in_force

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

(b) “Administration” means the Developmental Disabilities Administration.

(c) (1) “Admission” means the process by which an individual with an intellectual disability is accepted as a resident in a State residential center.

(2) “Admission” includes the physical act of the individual entering the facility.

(d) (1) “Alternative living unit” means a residence that:

(i) Provides residential services for individuals who, because of developmental disability, require specialized living arrangements;

(ii) Admits not more than 3 individuals; and

(iii) Provides 10 or more hours of supervision per unit, per week.

(2) “Alternative living unit” does not include a residence that is owned or rented by:

(i) 1 or more of its residents; or

(ii) A person who:

1. Is an agent for any of the residents; but

2. Is not a provider of residential supervision.

(e) “Claim” has the meaning stated in § 2–601 of this article.

(f) “Deputy Secretary” means the Deputy Secretary for Developmental Disabilities.

(g) “Developmental disability” means a severe chronic disability of an individual that:

(1) Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments;

(2) Is manifested before the individual attains the age of 22;

(3) Is likely to continue indefinitely;

(4) Results in an inability to live independently without external support or continuing and regular assistance; and

(5) Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual.

(h) “External support” means:

(1) Periodic monitoring of the circumstances of an individual with respect to:

(i) Personal management;

(ii) Household management; and

(iii) The use of community resources; and

(2) Rendering appropriate advice or assistance that may be needed.

(i) “Fee–for–service” means a method for payment that requires a person to submit a claim for payment to the Department for each service performed.

(j) “Group home” means a residence that:

(1) Provides residential services for individuals who, because of developmental disability, require specialized living arrangements;

(2) Admits at least 4 but not more than 8 individuals; and

(3) Provides 10 or more hours of supervision per home, per week.

(k) “Habilitation” means a process by which a provider of services enables an individual to acquire and maintain life skills to cope more effectively with the demands of the individual’s own person and environment and to raise the level of the individual’s mental, physical, social, and vocational functioning.

(l) (1) “Individual–directed and family–directed goods and services” means services, equipment, activities, or supplies for individuals who self–direct services that:

(i) Relate to a need or goal identified in the person–centered plan of service;

(ii) Maintain or increase independence;

(iii) Promote opportunities for community living and inclusion; and

(iv) Are not available under another waiver service or services provided under the State plan established in Subtitle 3 of this title.

(2) “Individual–directed and family–directed goods and services” includes all goods or services authorized by regulations adopted or guidance issued by the federal Centers for Medicare and Medicaid Services under § 1915(c) of the Social Security Act.

(m) (1) “Individual support services” means an array of services that are designed to increase or maintain an individual’s ability to live alone or in a family setting.

(2) “Individual support services” include:

(i) In–home assistance with meals and personal care;

(ii) Counseling;

(iii) Physical, occupational, or other therapies;

(iv) Architectural modification; and

(v) Any other services that the Administration considers appropriate to meet the individual’s needs.

(3) “Individual support services” does not include full day or residential services.

(n) “Intellectual disability” means a developmental disability that is evidenced by significantly subaverage intellectual functioning and impairment in the adaptive behavior of an individual.

(o) “Knowingly” has the meaning stated in § 2–601 of this article.

(p) “Live independently” means:

(1) For adults:

(i) Managing personal care, such as clothing and medication;

(ii) Managing a household, such as menu planning, food preparation and shopping, essential care of the premises, and budgeting; and

(iii) Using community resources, such as commercial establishments, transportation, and services of public agencies; or

(2) For minors, functioning in normal settings without the need for supervision or assistance other than supervision or assistance that is age appropriate.

(q) “Meaningful day services” means employment supports or home– and community–based supports, other than residential services, that assist an individual in developing and maintaining skills, interests, and personalized connections that may create opportunities for paid employment, increased independence, or meaningful relationships with other individuals in the community.

(r) “Person–centered plan of service” means that a plan for services and supports:

(1) Is developed with a focus on the individual having control over the services and supports;

(2) Ensures that the individual is the primary contributor to the plan and may receive support from other persons selected by the individual in developing the plan;

(3) Identifies and addresses, to the extent practicable:

(i) The individual’s preferences and interests related to achieving the individual’s desired lifestyle; and

(ii) The supports required to achieve the individual’s desired lifestyle and provided in a manner that enables the individual to have control over the individual’s daily life and maintains the individual’s health and welfare; and

(4) Aligns services and supports to ensure that the individual has access to the full benefits of community living in a manner that emphasizes the individual’s quality of life, well–being, and informed choice.

(s) “Provider” means an individual who is licensed or certified under Subtitle 9 of this title and provides services to:

(1) A recipient; or

(2) An individual with a developmental disability who receives funding for services from a source other than the Administration.

(t) “Recipient” means an individual who receives services funded by the Administration under this title.

(u) “Release” means a permanent, temporary, absolute, or conditional release of an individual from a State residential center.

(v) “Residential services” means individualized support and services that assist an individual in developing and maintaining skills in living in the community.

(w) (1) “Self–directed services” means waiver program services:

(i) For which participants or their representatives have decision–making authority over and take direct responsibility for management of the services with the assistance of available supports chosen by the participant or the participant’s representative; and

(ii) That are provided in a manner that:

1. Furthers the right of individuals and their representatives, as applicable, to make choices about and direct all aspects of their lives, including by choosing and controlling the delivery of waiver services, who provides the services, and how services are provided; and

2. Recognizes that all individuals have the capacity to make choices and may be supported in making choices.

(2) “Self–directed services” includes services that:

(i) Provide an individual with:

1. The decision–making employer authority to recruit, hire, train, supervise, and dismiss the employees and vendors who furnish the individual’s services; and

2. The budget authority over how funds in a budget are spent within the total approved annual budget;

(ii) Maximize the opportunities of an individual to live as independently as possible in the most inclusive community–based setting of the individual’s choice;

(iii) Empower an individual to exercise choice and control over needed long–term services and supports; and

(iv) Help to maintain and improve the individual’s health and quality of life in the individual’s community.

(x) “Services” means residential, day, or other services that provide for evaluation, diagnosis, treatment, care, supervision, assistance, or attention to individuals with developmental disability and that promote habilitation of these individuals.

(y) “Services coordination” means a service that consists of the following 3 major functions that are designed to assist an individual in obtaining the needed services and programs that the individual desires in order to gain as much control over the individual’s own life as possible:

(1) Planning services;

(2) Coordinating services; and

(3) Monitoring service delivery to the individual.

(z) “State residential center” means a licensed facility operated by the State that provides residential and habilitation services to individuals with an intellectual disability who are at least 18 years old and meet the criteria set forth in § 7–502 of this title.

(aa) “Support broker” means a person who works at the direction of and for the benefit of an individual who uses self–directed services, including by assisting the individual or another individual chosen by the individual with:

(1) Making informed decisions in arranging for, directing, and managing services the individual receives, including decisions related to personnel requirements and resources needed to meet the requirements;

(2) Accessing and managing identified supports and services for the individual; and

(3) Performing other tasks as assigned by the individual and as authorized by regulations adopted or guidance issued by the federal Centers for Medicare and Medicaid Services under § 1915(c) of the Social Security Act.

(bb) “Support services” means supports that assist an individual to maintain or improve the individual’s functional abilities, enhance interactions, or engage in meaningful relationships in the home or community.

(cc) “Treatment” means any education, training, professional care or attention, or other program that is given to an individual with developmental disability.

(dd) “Vocational services” means a service that provides job training and placement, supported employment and training in acceptable work behaviors, and vocationally–related social and other skills.

(ee) “Waiver program” means each Medicaid Home– and Community–Based Services Waiver funding program submitted by the Department and approved by the federal Centers for Medicare and Medicaid Services in accordance with § 1915(c) of the Social Security Act that is overseen and administered by the Administration.

(ff) “Waiver program services” means services funded by the Administration in accordance with a waiver program, including:

(1) Meaningful day services;

(2) Residential services; and

(3) Support services.
Md. Code, Human Services § 7-121 — MD Code / Article ghu / Title 7 / Subtitle 1 / Section 7-121
§7–121.
Status: in_force

From among the members of the Commission, the Governor shall designate a chair for a 2-year term.
Md. Code, Education § 7-101 — MD Code / Article ged / Title 7 / Subtitle 1 / Section 7-101
§7–101.
Status: in_force

(a) All individuals who are 5 years old or older and under 21 shall be admitted free of charge to the public schools of this State.

(b) (1) Except as provided in § 7–301 of this title and in paragraph (2) of this subsection, each child shall attend a public school in the county where the child is domiciled with the child’s parent, guardian, or relative providing informal kinship care, as defined in subsection (c) of this section.

(2) (i) On request and in accordance with a county board’s policies concerning residency, a county superintendent:

1. May allow a child to attend school in the county even if the child is not domiciled in that county with the child’s parent or guardian; and

2. Shall allow a dependent child of an active service member who is relocating to the State on official orders to enroll in school in the county in accordance with § 7–115.1 of this subtitle.

(ii) Regardless of where the child is currently domiciled, a county superintendent shall allow a child to remain at the school that the child is attending, if:

1. The child is a child who is:

A. In the custody of, committed to, or otherwise placed by a local department of social services or the Department of Juvenile Services; and

B. Subject to the educational stability provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 and the Every Student Succeeds Act of 2015;

2. The child is not in any of the following placements:

A. A detention facility;

B. A forestry camp;

C. A training school;

D. A State–owned and State–operated facility that accommodates more than 25 children; or

E. Any other facility operated primarily for the detention of children who are determined to be delinquent;

3. The local department of social services or the Department of Juvenile Services determines, in consultation with the local school system, that it is in the best interests of the child to continue at that school; and

4. The local department of social services or the Department of Juvenile Services pays for the cost of transporting the child to and from school.

(iii) 1. The Department of Human Services and the Department of Juvenile Services each shall adopt regulations establishing factors that shall be considered in determining the best interests of a child under this section.

2. The Department shall adopt regulations to implement the educational stability provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 and the Every Student Succeeds Act of 2015.

(3) If a child fraudulently attends a public school in a county where the child is not domiciled with the child’s parent or guardian, the child’s parent or guardian shall be subject to a penalty payable to the county for the pro rata share of tuition for the time the child fraudulently attends a public school in the county.

(4) Nothing in this section alters the requirements for out–of–county placements contained in § 4–122 and Title 8, Subtitles 3, 3A, and 4 of this article or in any other State or federal law.

(c) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship.

(iii) “Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity.

(iv) “Serious family hardship” means:

1. Death of a parent or legal guardian of the child;

2. Serious illness of a parent or legal guardian of the child;

3. Drug addiction of a parent or legal guardian of the child;

4. Incarceration of a parent or legal guardian of the child;

5. Abandonment by a parent or legal guardian of the child; or

6. Assignment of a parent or legal guardian of a child to active uniformed services duty.

(2) (i) A county superintendent shall allow a child who is a resident of this State to attend a public school in:

1. A county other than the county where the child is domiciled with the child’s parent or legal guardian if the child lives with a relative providing informal kinship care in the county and the relative verifies the informal kinship care relationship through a sworn affidavit; or

2. A school attendance area other than the school in the school attendance area where the child is domiciled with the child’s parent or legal guardian if the child lives with a relative providing informal kinship care in the school attendance area and the relative verifies the informal kinship care relationship through a sworn affidavit.

(ii) 1. After allowing a child to enroll under subparagraph (i) of this paragraph, subsequently a county superintendent may require that the affidavit be accompanied by supporting documentation of one or more serious family hardships and, where possible, the telephone number and address of any authority who is legally authorized to reveal information which can verify the assertions in the affidavit.

2. If supporting documentation is required under subsubparagraph 1 of this subparagraph, the documentation shall be consistent with local, State, and federal privacy and confidentiality policies and statutes.

(3) The affidavit shall include:

(i) The name and date of birth of the child;

(ii) The name and address of the child’s parent or legal guardian;

(iii) The name and address of the relative providing informal kinship care;

(iv) The date the relative assumed informal kinship care;

(v) The nature of the serious family hardship and why it resulted in informal kinship care;

(vi) The kinship relation to the child of the relative providing informal kinship care;

(vii) The name and address of the school the child previously attended;

(viii) Notice that the county superintendent may verify the facts given by the relative providing informal kinship care in the affidavit and conduct an audit of the case after the child has been enrolled in the county public school system;

(ix) Notice that if fraud or misrepresentation is discovered during an audit, the county superintendent shall remove the child from the public school or county public school system roll; and

(x) Notice that any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the county for three times the pro rata share of tuition for the time the child fraudulently attends a public school in the county.

(4) The affidavit shall be in the following form:

(i) I, the undersigned, am over eighteen (18) years of age and competent to testify to the facts and matters set forth herein.

(ii) ____________________ (name of child), whose date of birth is _____________, is living with me because of the following serious family hardship: (check each that is applicable)

_____ death of father/mother/legal guardian

_____ serious illness of father/mother/legal guardian

_____ drug addiction of father/mother/legal guardian

_____ incarceration of father/mother/legal guardian

_____ abandonment by father/mother/legal guardian

_____ assignment of a parent or legal guardian of a child to active uniformed services duty

(iii) The name and last known address of the child’s parent(s) or legal guardian is:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(iv) My kinship relation to the child is _______________________

(v) My address is:

______________________________________________________________________________

Street Apt. No.

______________________________________________________________________________

City State Zip Code

(vi) I assumed informal kinship care of this child for 24 hours a day and 7 days a week on __________________(day/month/year).

(vii) The name and address of the last school that the child attended is:

______________________________________________________________________________

______________________________________________________________________________

(viii) The county superintendent may verify the facts contained in the foregoing affidavit and conduct an audit on a case–by–case basis after the child has been enrolled in the county public school system. If the county superintendent discovers fraud or misrepresentation, the child shall be removed from the public school or county public school system roll.

(ix) I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information, and belief.

___________________________________

Signature of affiant

___________________________________

(Day/month/year)

(x) Any person who willfully makes a material misrepresentation in this affidavit shall be subject to a penalty payable to the county for three times the pro rata share of tuition for the time the child fraudulently attends a public school in the county.

(5) (i) Instructions that explain the necessity for both an affidavit and, when appropriate, the supporting documentation of the serious family hardship resulting in informal kinship care shall:

1. Be attached to affidavit forms that comply with paragraph (4) of this subsection; and

2. Include language encouraging the relative providing informal kinship care to submit the affidavit and, when appropriate, the supporting documentation prior to September 30 of each year.

(ii) The affidavit forms, with attached instructions, shall be made available free of charge at the offices of each county board of education, each local department of social services, and each local area agency on aging.

(6) If a change occurs in the care or in the serious family hardship of the child, the relative providing informal kinship care for the child shall notify the local school system in writing within 30 days after the change occurs.

(7) (i) An informal kinship care affidavit may be filed during a school year.

(ii) The relative providing informal kinship care shall file an affidavit annually at least 2 weeks prior to the beginning of the school year for each year the child continues to live with the relative because of a serious family hardship.

(8) Unless the court appoints a guardian for the child or awards custody of the child to someone other than the relative providing informal kinship care, the relative providing informal kinship care shall make the full range of educational decisions for the child.

(9) The relative providing informal kinship care shall make reasonable efforts to inform the parent or legal guardian of the child of the informal kinship care relationship.

(10) The parent or legal guardian of a child in an informal kinship care relationship shall have final decision making authority regarding the educational needs of the child.

(d) Section 4–122.1 of this article shall apply to the education funding of a child in an informal kinship care relationship if the fiscal impact of the requirements of subsections (b) and (c) of this section exceed 0.1% of a county board’s total operating budget for a fiscal year.

(e) (1) By the 2007–2008 school year, each county board shall provide full–day kindergarten programs for all kindergarten students in that county.

(2) In the comprehensive master plan that is submitted under § 5–401 of this article, a county board shall identify the strategies that will be used in that county to ensure that full–day kindergarten programs are provided to all kindergarten students in that county by the 2007–2008 school year.
Md. Code, Public Utilities § 7-218 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-218
§7–218.
Status: in_force

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

(2) “Agrivoltaics” has the meaning stated in § 7–306.2 of this title.

(3) “Brownfields site” has the meaning stated in § 7–207 of this subtitle.

(4) “Local jurisdiction” includes counties, municipal corporations, and other forms of local government.

(5) “Priority preservation area” means an area certified as a priority preservation area under § 2–518 of the Agriculture Article.

(6) (i) “Project area” means an area within which construction, materials and equipment storage, grading, landscaping, and related activities for a project may occur.

(ii) “Project area” includes one or more contiguous parcels or properties under the same ownership or lease agreement.

(b) This section applies only to a solar energy generating station that:

(1) has the capacity to produce more than 1 megawatt of electricity as measured by the alternating current rating of the station’s inverter;

(2) (i) is designed to produce electricity for sale on the wholesale market;

(ii) is a community solar energy generating system under § 7–306.2 of this title; or

(iii) is part of aggregate net metering under § 7–306.3 of this title; and

(3) is not located on a rooftop, carport, or brownfields site or behind the meter of a retail electric customer.

(c) A person may not begin construction of a solar energy generating station unless:

(1) the Commission or, for a solar energy generating station that has the capacity to produce not more than 2 megawatts of electricity as measured by the alternating current rating of the station’s inverter, the local jurisdiction verifies that the proposed construction meets all of the site requirements under subsection (f) of this section;

(2) for a solar energy generating station that has the capacity to produce more than 2 megawatts of electricity as measured by the alternating current rating of the station’s inverter:

(i) a certificate of public convenience and necessity has been issued in accordance with § 7–207 of this subtitle;

(ii) a distributed generation certificate of public convenience and necessity has been issued in accordance with § 7–207.4 of this subtitle; or

(iii) the construction has been approved by the Commission in accordance with § 7–207.1 of this subtitle; and

(3) the construction has received approval for all local permits required under § 7–207(h) of this subtitle.

(d) (1) A person that submits an application for approval of the construction of a solar energy generating station in accordance with § 7–207, § 7–207.1, or § 7–207.4 of this subtitle shall include with the application written documentation or other evidence showing that the proposed construction meets the requirements under subsections (f) and (g) of this section.

(2) For a solar energy generating station that has the capacity to produce not more than 2 megawatts of electricity as measured by the alternating current rating of the station’s inverter, a person that submits a site development plan to a local jurisdiction shall include with the plan written documentation or other evidence showing that the proposed construction meets the requirements under subsections (f) and (g) of this section.

(e) (1) When verifying whether the documentation provided under subsection (d) of this section meets the requirements under subsections (f) and (g) of this section, the Commission or local jurisdiction shall, if the proposed location of the solar energy generating station is in an area considered to be overburdened and underserved, as defined in § 1–701 of the Environment Article, require the person constructing the solar energy generating station to hold at least two public meetings in the community where the solar energy generating station is to be located to collect community feedback and provide opportunities to address community feedback.

(2) (i) Subject to subparagraph (ii) of this paragraph, the meetings required under paragraph (1) of this subsection shall be held:

1. in the county in which the proposed solar energy generating station is to be located; and

2. within 10 miles of the proposed location of the solar energy generating station.

(ii) If the owner of a proposed solar energy generating station cannot find a meeting location that meets the requirements of subparagraph (i) of this paragraph, the owner may select an alternative location that is as close as practicable to the location of the proposed solar energy generating station.

(f) (1) This subsection does not apply to agrivoltaics.

(2) Except as provided in paragraph (10) of this subsection, an owner of a proposed solar energy generating station:

(i) shall provide a boundary of 150 feet between the solar energy generating station and the nearest wall of a residential dwelling;

(ii) shall provide a boundary of 100 feet between the solar energy generating station and all property lines, not including property lines that bisect the interior of a project area;

(iii) 1. shall provide nonbarbed wire fencing:

A. only on the interior of a landscape buffer or immediately adjacent to a solar energy generating station;

B. that is not more than 20 feet in height;

C. that is only black or green vinyl wire mesh if the owner proposes to use chain link fencing; and

D. that is not less than 50 feet away from the edge of any public road right–of–way; and

2. may use barbed wire fencing around the substations or other critical infrastructure for protection of that infrastructure;

(iv) shall provide for a landscaping buffer or vegetative screening in accordance with paragraph (4) of this subsection;

(v) except for equipment required for interconnection with electric system infrastructure, may not locate any solar array, ancillary equipment, or accessory buildings or facilities within a public road right–of–way;

(vi) 1. shall mitigate the visual impact of the solar energy generating station on a preservation area, rural legacy area, priority preservation area, public park, scenic river or byway, designated heritage area, or historic structure or site listed on or eligible for the National Register of Historic Places or relevant county register of historic places; and

2. A. for a solar energy generating station that has the capacity to produce more than 2 megawatts of electricity as measured by the alternating current of the station’s inverter, shall include in the application submitted under subsection (c)(2) of this section a viewshed analysis for any area, structure, or site specified in item 1 of this item; and

B. for a solar energy generating station that has the capacity to produce not more than 2 megawatts of electricity as measured by the alternating current of the station’s inverter, shall include in an application for a site development plan a viewshed analysis for any area, structure, or site specified in item 1 of this item; and

(vii) shall provide notice of each proposed solar energy generating station to the emergency response services of each county in which any portion of the generating station is to be constructed, including a map of the proposed generating station and the proposed location of any solar collector or isolator switch.

(3) A local jurisdiction may not require the use of a berm for a solar energy generating station approved under this section.

(4) The buffer or vegetative screening required in paragraph (2)(iv) of this subsection shall:

(i) be not more than 35 feet wide;

(ii) be provided along:

1. all property lines;

2. locations of the exterior boundary for the solar energy generating station where existing wooded vegetation of 50 feet or more in width does not exist; or

3. an alternative location within the boundary for the solar energy generating station if the owner demonstrates that the alternative location would maximize the visual screening;

(iii) provide for four–season visual screening of the solar energy generating station;

(iv) be placed between any fencing and the public view;

(v) include multilayered, staggered rows of overstory and understory trees and shrubs that:

1. are a mixture of evergreen and deciduous vegetation;

2. are predominantly native to the region;

3. are more than 4 feet in height at planting;

4. are designed to provide screening or buffering within 5 years of planting;

5. may not be trimmed to stunt upward or outward growth or to otherwise limit the effectiveness of the visual screen;

6. conform to the plant size specifications established by the American Standard for Nursery Stock (ANSI Z60.1); and

7. are specified in a landscaping plan prepared by a qualified professional landscape architect;

(vi) be installed as early in the construction process as practicable and before the activation of the proposed solar energy generating station;

(vii) preserve to the maximum extent practicable and supplemented with new plantings where necessary, any forest or hedgerow that exists at a location where visual screening or landscape buffering is required; and

(viii) shall be maintained with a 90% survival threshold for the life of the solar energy generating station through a maintenance agreement that includes a watering plan.

(5) With respect to the site on which a solar energy generating station is proposed for construction, the owner of the solar energy generating station:

(i) shall minimize grading to the maximum extent possible;

(ii) may not remove topsoil from the parcel, but may move or temporarily stockpile topsoil for grading;

(iii) to maintain soil integrity, shall plant native or noninvasive naturalized vegetation and other appropriate vegetative protections that have a 90% survival threshold for the life of the solar energy generating station;

(iv) shall limit mowing and other unnecessary landscaping;

(v) may not use herbicides except to control invasive species in compliance with the Department of Agriculture’s weed control program; and

(vi) shall post for the first 5 years of the life of the solar energy generating station a landscaping bond equal to 100% of the total landscaping cost with the county in which the solar energy generating station is located.

(6) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, a local jurisdiction shall hold any landscaping bond required under paragraph (5)(vi) of this subsection for 5 years.

(ii) A local jurisdiction shall release 50% of the landscaping bond if, on inspection, the vegetative protections meet a 90% survival threshold.

(iii) Following the release of a landscaping bond under subparagraph (ii) of this paragraph, the remaining landscaping bond shall be held for an additional 2 years and, on further inspection and confirmation that the vegetative protections continue to meet a 90% survival threshold, shall be released.

(7) Except as required by law, or for safety or emergency, the solar energy generating station may not emit visible light during dusk to dawn operations.

(8) (i) This paragraph does not apply to:

1. equipment necessary for interconnection with the electric system; or

2. solar energy generating stations located on land that is also used for agricultural purposes.

(ii) A proposed solar energy generating station and any accessory structures associated with the station must have an average height of not more than 15 feet.

(9) Setbacks for solar energy generating stations:

(i) shall be measured from the property boundary to the nearest solar array or accessory equipment, buildings, or facilities that generate, maintain, operate, manage, distribute, and transmit electricity; and

(ii) may not apply to any interconnection tie line or facility that connects a solar energy generating station to the electric system.

(10) (i) The owner of a proposed solar energy generating station may provide to the Commission or local jurisdiction written documentation of a siting agreement:

1. entered into with the county in which the proposed solar energy generating station is to be located; and

2. that provides less stringent restrictions than those specified under this subsection.

(ii) If a proposed solar energy generating station provides to the Commission or local jurisdiction written documentation in accordance with subparagraph (i) of this paragraph, the proposed solar energy generating station shall be considered as meeting the requirements of this subsection.

(g) An owner of a solar energy generating station:

(1) shall enter into a decommissioning agreement with the Commission on a form that the Commission provides;

(2) shall post a surety bond with the Commission for not more than 125% of the estimated future cost of decommissioning the solar energy generating station and its related infrastructure, less any salvage value; and

(3) shall execute a securitization bond true–up every 5 years.

(h) (1) Except as provided in paragraphs (3) and (4) of this subsection, a local jurisdiction may not:

(i) adopt zoning laws or other laws or regulations that prohibit the construction or operation of solar energy generating stations; or

(ii) deny site development plans for solar energy generating stations that meet the requirements of subsection (f) of this section.

(2) A local jurisdiction shall:

(i) expedite the review and approval of site development plans for solar energy generating stations if those plans meet the requirements of this section; and

(ii) for solar energy generating stations with a generating capacity of not more than 5 megawatts, as measured by the alternating current rating of the solar energy generating station’s inverter, process the site development plan application as a permitted use subject to the review standards in § 4–205 of the Land Use Article.

(3) A ground mounted solar energy generating station with a generating capacity of more than 5 megawatts, as measured by the alternating current rating of the solar energy generating station’s inverter, may not be located on any lot, parcel, or tract of land that, as of January 1, 2025, is located within:

(i) a Tier 1 or Tier 2 mapped locally designated growth area adopted under § 1–506 of the Land Use Article;

(ii) a medium density residential area or high density residential area, as defined in § 5–1601 of the Natural Resources Article; or

(iii) a mixed–use area with a residential component.

(4) (i) The total combined number of solar energy generating stations that may be approved for construction in a priority preservation area that was established before January 1, 2025, shall:

1. be limited in area to 5% of the total acreage of the priority preservation area;

2. be located in the project area within the priority preservation area; and

3. meet all requirements under this section.

(ii) The prohibitions in paragraph (1) of this subsection do not apply to the remaining 95% of a priority preservation area once the 5% limitation under subparagraph (i) of this paragraph has been achieved for the priority preservation area.

(iii) A county shall report to the Commission when the 5% limitation under subparagraph (i) of this paragraph has been achieved for a priority preservation area.

(i) Nothing in this section may be construed to add any additional limitations to the authority of the Commission in the approval process for an application for a certificate of public convenience and necessity.
Md. Code, Tax - General § 7-112 — MD Code / Article gtg / Title 7 / Subtitle 1 / Section 7-112
§7–112.
Status: in_force

The compensation and expenses of the members of the board of arbitrators and its employees may be agreed on by the members and the personal representative or, if they cannot agree, shall be determined by the appropriate court of record of the state determined by the board to be the domicile of the decedent. The amounts agreed on or determined shall be deemed an expense of administration and are payable by the personal representative.
Md. Code, Public Utilities § 7-703 — MD Code / Article gpu / Title 7 / Subtitle 7 / Section 7-703
§7–703.
Status: reserved

(a) (1) (i) The Commission shall implement a renewable energy portfolio standard that, except as provided under paragraphs (2) and (3) of this subsection, applies to all retail electricity sales in the State by electricity suppliers.

(ii) If the standard becomes applicable to electricity sold to a customer after the start of a calendar year, the standard does not apply to electricity sold to the customer during that portion of the year before the standard became applicable.

(2) A renewable energy portfolio standard may not apply to electricity sales at retail by any electricity supplier:

(i) in excess of 300,000,000 kilowatt–hours of industrial process load to a single customer in a year;

(ii) to residential customers in a region of the State in which electricity prices for residential customers are subject to a freeze or cap contained in a settlement agreement entered into under § 7–505 of this title until the freeze or cap has expired; or

(iii) to a customer served by an electric cooperative under an electricity supplier purchase agreement that existed on October 1, 2004, until the expiration of the agreement, as the agreement may be renewed or amended.

(3) The portion of a renewable energy portfolio standard that represents offshore wind energy:

(i) applies only to the distribution sales of electric companies; and

(ii) may not apply to distribution sales by any electric company in excess of:

1. 75,000,000 kilowatt–hours of industrial process load to a single customer in a year; and

2. 3,000 kilowatt–hours of electricity in a month to a customer who is an owner of agricultural land and files an Internal Revenue Service form 1040, schedule F.

(b) Except as provided in subsections (e) and (f) of this section, the renewable energy portfolio standard shall be as follows:

(1) in 2006, 1% from Tier 1 renewable sources and 2.5% from Tier 2 renewable sources;

(2) in 2007, 1% from Tier 1 renewable sources and 2.5% from Tier 2 renewable sources;

(3) in 2008, 2.005% from Tier 1 renewable sources, including at least 0.005% derived from solar energy, and 2.5% from Tier 2 renewable sources;

(4) in 2009, 2.01% from Tier 1 renewable sources, including at least 0.01% derived from solar energy, and 2.5% from Tier 2 renewable sources;

(5) in 2010, 3.025% from Tier 1 renewable sources, including at least 0.025% derived from solar energy, and 2.5% from Tier 2 renewable sources;

(6) in 2011, 5.0% from Tier 1 renewable sources, including at least 0.05% derived from solar energy, and 2.5% from Tier 2 renewable sources;

(7) in 2012, 6.5% from Tier 1 renewable sources, including at least 0.1% derived from solar energy, and 2.5% from Tier 2 renewable sources;

(8) in 2013, 8.2% from Tier 1 renewable sources, including at least 0.25% derived from solar energy, and 2.5% from Tier 2 renewable sources;

(9) in 2014, 10.3% from Tier 1 renewable sources, including at least 0.35% derived from solar energy, and 2.5% from Tier 2 renewable sources;

(10) in 2015, 10.5% from Tier 1 renewable sources, including at least 0.5% derived from solar energy, and 2.5% from Tier 2 renewable sources;

(11) in 2016, 12.7% from Tier 1 renewable sources, including at least 0.7% derived from solar energy, and 2.5% from Tier 2 renewable sources;

(12) in 2017:

(i) 13.1% from Tier 1 renewable sources, including:

1. at least 1.15% derived from solar energy; and

2. an amount set by the Commission under § 7–704.2(a) of this subtitle, not to exceed 2.5%, derived from offshore wind energy; and

(ii) 2.5% from Tier 2 renewable sources;

(13) in 2018:

(i) 15.8% from Tier 1 renewable sources, including:

1. at least 1.5% derived from solar energy; and

2. an amount set by the Commission under § 7–704.2(a) of this subtitle, not to exceed 2.5%, derived from offshore wind energy; and

(ii) 2.5% from Tier 2 renewable sources;

(14) in 2019:

(i) 20.7% from Tier 1 renewable sources, including:

1. at least 5.5% derived from solar energy; and

2. an amount set by the Commission under § 7–704.2(a) of this subtitle, not to exceed 2.5%, derived from offshore wind energy; and

(ii) 2.5% from Tier 2 renewable sources;

(15) in 2020:

(i) 28% from Tier 1 renewable sources, including:

1. at least 6% derived from solar energy; and

2. an amount set by the Commission under § 7–704.2(a) of this subtitle, not to exceed 2.5%, derived from offshore wind energy; and

(ii) 2.5% from Tier 2 renewable sources;

(16) in 2021:

(i) 30.8% from Tier 1 renewable sources, including:

1. at least 7.5% derived from solar energy; and

2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy; and

(ii) 2.5% from Tier 2 renewable sources;

(17) in 2022:

(i) 30.1% from Tier 1 renewable sources, including:

1. at least 5.5% derived from solar energy; and

2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy; and

(ii) 2.5% from Tier 2 renewable sources;

(18) in 2023:

(i) 31.9% from Tier 1 renewable sources, including:

1. at least 6% derived from solar energy;

2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy; and

3. at least 0.05% derived from post–2022 geothermal systems; and

(ii) 2.5% from Tier 2 renewable sources;

(19) in 2024:

(i) 33.7% from Tier 1 renewable sources, including:

1. at least 6.5% derived from solar energy;

2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy; and

3. at least 0.15% derived from post–2022 geothermal systems; and

(ii) 2.5% from Tier 2 renewable sources;

(20) in 2025:

(i) 35.5% from Tier 1 renewable sources, including:

1. at least 7% derived from solar energy;

2. an amount set by the Commission under § 7–704.2(a) of this subtitle, not to exceed 10%, derived from offshore wind energy; and

3. at least 0.25% derived from post–2022 geothermal systems; and

(ii) 2.5% from Tier 2 renewable sources;

(21) in 2026:

(i) 38% from Tier 1 renewable sources, including:

1. at least 8% derived from solar energy;

2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy, including at least 400 megawatts of Round 2 offshore wind projects; and

3. at least 0.5% derived from post–2022 geothermal systems; and

(ii) 2.5% from Tier 2 renewable sources;

(22) in 2027:

(i) 41.5% from Tier 1 renewable sources, including:

1. at least 9.5% derived from solar energy;

2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy, including at least 400 megawatts of Round 2 offshore wind projects; and

3. at least 0.75% derived from post–2022 geothermal systems; and

(ii) 2.5% from Tier 2 renewable sources;

(23) in 2028:

(i) 43% from Tier 1 renewable sources, including:

1. at least 11% derived from solar energy;

2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy, including at least 800 megawatts of Round 2 offshore wind projects; and

3. at least 1% derived from post–2022 geothermal systems; and

(ii) 2.5% from Tier 2 renewable sources;

(24) in 2029:

(i) 49.5% from Tier 1 renewable sources, including:

1. at least 12.5% derived from solar energy;

2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy, including at least 800 megawatts of Round 2 offshore wind projects; and

3. at least 1% derived from post–2022 geothermal systems; and

(ii) 2.5% from Tier 2 renewable sources; and

(25) in 2030 and later:

(i) 50% from Tier 1 renewable sources, including:

1. at least 14.5% derived from solar energy;

2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy, including at least 1,200 megawatts of Round 2 offshore wind projects; and

3. at least 1% derived from post–2022 geothermal systems; and

(ii) 2.5% from Tier 2 renewable sources.

(c) Before calculating the number of credits required to meet the percentages established under subsection (b) of this section, an electricity supplier shall exclude from its total retail electricity sales all retail electricity sales described in subsection (a)(2) and (3) of this section.

(d) (1) Subject to subsections (a) and (c) of this section, an electricity supplier shall meet the renewable energy portfolio standard for all Tier 1 and Tier 2 renewable sources except offshore wind by accumulating the equivalent amount of renewable energy credits that equal the percentages required under this section.

(2) An electric company shall meet the renewable energy portfolio standard for offshore wind in accordance with § 7–704.2 of this subtitle.

(e) (1) The required percentage of an electric cooperative’s renewable energy portfolio standard derived from solar energy shall be 2.5% in 2020 and later.

(2) The required percentage of a municipal electric utility’s renewable energy portfolio standard shall be:

(i) in 2021:

1. 20.4% from Tier 1 renewable sources, including:

A. at least 1.95% derived from solar energy; and

B. an amount set by the Commission under § 7–704.2(a) of this subtitle, not to exceed 2.5%, derived from offshore wind energy; and

2. 2.5% from Tier 2 renewable sources; and

(ii) in 2022 and later, 20.4% from Tier 1 renewable sources, including:

1. at least 1.95% derived from solar energy; and

2. an amount set by the Commission under § 7–704.2(a) of this subtitle, not to exceed 2.5%, derived from offshore wind energy.

(f) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Area median income” has the meaning stated in § 4–1801 of the Housing and Community Development Article.

(iii) “Low or moderate income housing” means housing that is affordable for a household with an aggregate annual income that is below 120% of the area median income.

(2) At least 25% of the required percentage of the renewable energy portfolio for each year as set forth in subsection (b) of this section derived from post–2022 geothermal systems shall be derived from systems that were installed:

(i) at single or multifamily housing units that qualified as low or moderate income housing on the date the system was installed on the property; or

(ii) at institutions that primarily serve low and moderate income individuals and families, including:

1. schools with a majority of students who are eligible for free and reduced price meals;

2. hospitals with a majority of patients eligible for financial assistance or who are enrolled in Medicaid; and

3. other institutions that serve individuals and families where the majority of those served are eligible based on income for federal or State safety net programs.
Md. Code, Education § 7-447.1 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-447.1
§7–447.
Status: in_force

§7–447.1.

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

(2) “Behavioral health services” has the meaning stated in § 7–447 of this subtitle.

(3) “Commission” means the Maryland Community Health Resources Commission.

(4) “Consortium” means the Maryland Consortium on Coordinated Community Supports established under subsection (b) of this section.

(5) “Coordinated community supports” means a holistic, nonstigmatized, and coordinated approach, including among the following persons, to meeting students’ behavioral health needs, addressing related challenges, and providing community services and supports to the students:

(i) Teachers, school leadership, and student instructional support personnel;

(ii) Local school systems;

(iii) Local community schools;

(iv) Behavioral health coordinators appointed under § 7–447 of this subtitle;

(v) Local health departments;

(vi) Nonprofit hospitals;

(vii) Other youth–serving governmental entities;

(viii) Other local youth–serving community entities;

(ix) Community behavioral health providers;

(x) Telemedicine providers;

(xi) Federally qualified health centers; and

(xii) Students, parents, and guardians.

(6) “Coordinated community supports partnership” means an entity formed to deliver coordinated community supports.

(7) “National Center for School Mental Health” means the National Center for School Mental Health at the University of Maryland, Baltimore Campus.

(b) (1) There is a Maryland Consortium on Coordinated Community Supports in the Commission.

(2) The Commission shall provide staff to the Consortium.

(3) Four additional staff shall be added to the Commission to staff the Consortium.

(c) The purposes of the Consortium are to:

(1) Support the development of coordinated community supports partnerships to meet student behavioral health needs and other related challenges in a holistic, nonstigmatized, and coordinated manner;

(2) Provide expertise for the development of best practices in the delivery of student behavioral health services, supports, and wraparound services; and

(3) Provide technical assistance to local school systems to support positive classroom environments and the closing of achievement gaps so that all students can succeed.

(d) The Consortium consists of:

(1) The following members representing government agencies:

(i) The Secretary of Health, or the Secretary’s designee;

(ii) The Secretary of Human Services, or the Secretary’s designee;

(iii) The Secretary of Juvenile Services, or the Secretary’s designee;

(iv) The State Superintendent of Schools, or the State Superintendent’s designee;

(v) The Chair of the Commission, or the Chair’s designee;

(vi) The Director of Community Schools in the Department, or the Director’s designee;

(vii) One member of the Senate of Maryland, appointed by the President of the Senate; and

(viii) One member of the House of Delegates, appointed by the Speaker of the House;

(2) The following members representing other organizations and entities:

(i) One member of the Maryland Council on Advancement of School–Based Health Centers, appointed by the Chair of the Council;

(ii) One county superintendent of schools, designated by the Public School Superintendents Association of Maryland;

(iii) One member of a county board of education, designated by the Maryland Association of Boards of Education;

(iv) One teacher who is teaching in the State, designated by the Maryland State Education Association;

(v) One social worker practicing at a school in the State, designated by the Maryland Chapter of the National Association of Social Workers;

(vi) One psychologist practicing in a school in the State, designated by the Maryland School Psychologists Association;

(vii) One representative of nonprofit hospitals, designated by the Maryland Hospital Association;

(viii) One member of the Commission, designated by the Chair of the Commission;

(ix) One representative of the Maryland Medical Assistance Program, designated by the Secretary of Health; and

(x) One school counselor certified by the Department under Title 6, Subtitle 7 of this article, designated by the Maryland School Counselor Association;

(3) The following members appointed by the Governor:

(i) One representative of the behavioral health community with expertise in telehealth;

(ii) One representative of local departments of social services; and

(iii) One representative of local departments of health; and

(4) The following members appointed jointly by the President of the Senate and the Speaker of the House:

(i) One individual with expertise in creating a positive classroom environment;

(ii) One individual with expertise in equity in education; and

(iii) Two members of the public.

(e) (1) This subsection applies only to the members appointed under subsection (d)(2), (3), and (4) of this section.

(2) A member serves for a term of 4 years beginning on the date of the member’s appointment and until a successor is appointed and qualifies.

(3) A member may not serve for more than two consecutive terms.

(4) The terms of the members are staggered as required by the terms of the members serving on the Consortium on July 1, 2023.

(f) The chair of the Consortium shall be appointed jointly by the President of the Senate and the Speaker of the House from among the members of the Consortium.

(g) (1) (i) The National Center for School Mental Health shall provide technical assistance.

(ii) The assistance provided under subparagraph (i) of this paragraph may include the creation of partnership coordinators to support the work of local behavioral health services coordinators appointed under § 7–447 of this subtitle.

(2) A three–party memorandum of understanding shall be entered into and signed by the Consortium, the Commission, and the National Center for School Mental Health regarding the provision of technical assistance.

(h) A member of the Consortium:

(1) May not receive compensation as a member of the Consortium; but

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

(i) A majority of the appointed members then serving on the Consortium is a quorum.

(j) The Consortium may use subcommittees, including subcommittees that include nonmember experts, as necessary, to meet the requirements of this section.

(k) The Consortium shall:

(1) Develop a statewide framework for the creation of coordinated community supports partnerships;

(2) Ensure that community supports partnerships are structured in a manner that provides community services and supports in a holistic and nonstigmatized manner that meets behavioral health and other wraparound needs of students and is coordinated with any other youth–serving government agencies interacting with the students;

(3) Develop a model for expanding available behavioral health services and supports to all students in each local school system through:

(i) The maximization of public funding through the Maryland Medical Assistance Program, including billing for Program administrative costs, or other public sources;

(ii) Commercial insurance participation;

(iii) The implementation of a sliding scale for services based on family income; and

(iv) The participation of nonprofit hospitals through community benefit requirements;

(4) Provide guidance and support to the Commission for the purpose of developing and implementing a grant program to award grants to coordinated community supports partnerships with funding necessary to deliver services and supports to meet the holistic behavioral health needs and other related challenges facing the students proposed to be served by the coordinated community supports partnership and that sets reasonable administrative costs for the coordinated community supports partnership;

(5) Evaluate how a reimbursement system could be developed through the Maryland Department of Health or a private contractor to reimburse providers participating in a coordinated community supports partnership and providing services and supports to students who are uninsured and for the difference in commercial insurance payments and Maryland Medical Assistance Program fee–for–service payments;

(6) In consultation with the Department, develop best practices for the implementation of and related to the creation of a positive classroom environment for all students using evidence–based methods that recognize the disproportionality of classroom management referrals, including by:

(i) Creating a list of programs and classroom management practices that are evidence–based best practices to address student behavioral health issues in a classroom environment;

(ii) Evaluating relevant regulations and making recommendations for any necessary clarifications, as well as developing a plan to provide technical assistance in the implementation of the regulations by local school systems to create a positive classroom environment; and

(iii) Developing a mechanism to ensure that all local school systems implement relevant regulations in a consistent manner; and

(7) Develop a geographically diverse plan that uses both school–based behavioral health services and coordinated community supports partnerships to ensure that each student in each local school system has access to services and supports that meet the student’s behavioral health needs and related challenges within a 1–hour drive of a student’s residence.

(l) A coordinated community supports partnership shall provide systemic services to students in a manner that is:

(1) Community–based;

(2) Family–driven and youth–guided; and

(3) Culturally competent and that provides access to high–quality, acceptable services for culturally diverse populations.

(m) (1) The Consortium, in consultation with the National Center on School Mental Health, shall develop accountability metrics that may be used to demonstrate whether the services and supports provided through a coordinated community supports partnership that receives a grant from the Commission are positively impacting the students served by the coordinated community supports partnership, their families, and the community, including metrics that would measure:

(i) Whether there have been any:

1. Increases in services provided;

2. Reductions in absenteeism;

3. Repeat referrals to the coordinated community supports partnership;

4. Reductions in interactions of the students with youth–serving agencies; and

5. Increases in funding through federal, local, and private sources; and

(ii) Any other identifiable data sets that would demonstrate whether a coordinated community supports partnership is successfully meeting the behavioral health needs of students.

(2) The development of the metrics under paragraph (1) of this subsection shall be coordinated with the Maryland Longitudinal Data System Center and the Accountability and Implementation Board, established under § 5–402 of this article, to ensure consistency with other data collection efforts.

(n) Beginning in fiscal year 2025 and each fiscal year thereafter, the Consortium shall use the accountability metrics developed under subsection (m) of this section to develop best practices to be used by a coordinated community supports partnership in the delivery of supports and services and the maximization of federal, local, and private funding.

(o) Notwithstanding any other provision of law, a nonprofit hospital that receives funding for coordinating or participating in a coordinated community supports partnership may include the value of services provided through the coordinated community supports partnership towards meeting community benefit requirements under § 19–303 of the Health – General Article.

(p) (1) In this subsection, “Fund” means the Coordinated Community Supports Partnership Fund.

(2) There is a Coordinated Community Supports Partnership Fund.

(3) The purpose of the Fund is to support the delivery of services and supports provided to students to meet their holistic behavioral health needs and address other related challenges.

(4) The Commission shall administer the Fund and the provision of grants and reimbursements under the Fund.

(5) (i) The Fund is a special, nonlapsing fund that is not subject to § 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.

(6) 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.

(7) Except as provided in paragraph (8) of this subsection, the Fund may be used by the Commission only for:

(i) Providing reimbursement, under a memorandum of understanding, to the National Center for School Mental Health and other technical assistance providers to support the work of the Consortium;

(ii) Providing grants to coordinated community supports partnerships to deliver services and supports to meet students’ holistic behavioral health needs and to address other related challenges; and

(iii) Paying any associated administrative costs.

(8) For fiscal year 2025 only, the Fund may be used to:

(i) Provide school–based behavioral health services; and

(ii) Reimburse the Medical Care Programs Administration for school–based behavioral health services provided on a fee–for–service basis through a Medicaid waiver.

(9) The Governor shall include in the annual budget bill the following appropriations for the Fund:

(i) $25,000,000 in fiscal year 2022;

(ii) $50,000,000 in fiscal year 2023;

(iii) $85,000,000 in fiscal year 2024;

(iv) $40,000,000 in fiscal year 2025;

(v) $70,000,000 in fiscal year 2026; and

(vi) $100,000,000 in fiscal year 2027 and each fiscal year thereafter.

(10) (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.

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

(q) (1) Any grant funding or local school system implementation assistance provided under this section through the Commission and coordinated community supports partnerships shall be supplemental to, and may not supplant, existing funding provided as of fiscal year 2022 to local school systems through local government expenditures or local school system expenditures, or other funding sources, for school–based behavioral health personnel, services, supports, or other school–based behavioral health purposes.

(2) The State funding provided under the Fund is supplemental to and not intended to take the place of funding that would otherwise be appropriated to the Maryland Community Health Resources Commission Fund in the State budget.

(r) Beginning on July 1, 2022, and each July 1 thereafter, the Consortium shall submit to the Accountability and Implementation Board, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, a report on:

(1) The activities of the Consortium;

(2) The creation of coordinated community supports partnerships and the area served by each partnership;

(3) Grants awarded to coordinated community supports partnerships; and

(4) All other activities of the Consortium to carry out the requirements of this section.

(s) The Commission may adopt rules and regulations to carry out this section.
Md. Code, Public Utilities § 7-704.4 — MD Code / Article gpu / Title 7 / Subtitle 7 / Section 7-704.4
§7–704.
Status: in_force

§7–704.4.

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

(2) “Community benefit agreement” has the meaning stated in § 7–704.1(e) of this subtitle.

(3) “Social cost of greenhouse gases” means the most recent social cost of greenhouse gases adopted by the U.S. Environmental Protection Agency.

(b) (1) The Department of General Services, in consultation with the Public Service Commission, shall issue a competitive sealed procurement solicitation and may enter into at least one contract for a power purchase agreement to procure offshore wind energy and associated renewable energy credits from one or more qualified offshore wind projects.

(2) Each agreement entered into under paragraph (1) of this subsection shall have a term of not less than 20 years.

(3) When issuing the invitation for bids under this subsection, the Department shall take into consideration:

(i) the social cost of greenhouse gas emissions;

(ii) the State’s climate commitments; and

(iii) the State’s commitments under § 7–704.1(a) of this subtitle.

(4) The evaluation criteria for bids shall include:

(i) comparing the social cost of greenhouse gas emissions for offshore wind with the social cost of greenhouse gas emissions for nonrenewable power purchased from wholesale electric markets administered by PJM Interconnection; and

(ii) the extent to which an applicant’s proposal provides for financial and technical assistance to support monitoring and mitigation of wildlife and habitat impacts associated with the proposed offshore wind project.

(5) Each agreement entered into under paragraph (1) of this subsection shall include:

(i) a community benefit agreement and domestic content preferences; and

(ii) a description of:

1. initial plans for mitigating the impacts of the construction and operation of the proposed offshore wind project on fisheries and the environment; and

2. the extent to which an applicant will provide for financial and technical assistance to support the monitoring and mitigation of wildlife and habitat impacts associated with the project.

(c) (1) The Department of General Services shall identify the amount of energy necessary to meet the State’s energy needs.

(2) (i) The State shall use the energy procured under subsection (b) of this section to meet the State’s energy needs and retire the associated renewable energy credits to meet its obligations under the renewable energy portfolio standard and Chapter 38 of the Acts of the General Assembly of 2022.

(ii) The State shall be exempted from the renewable energy portfolio standard requirements under § 7–703 of this subtitle if the Department of General Services procures 100% of the State’s energy needs from the power purchase agreement required under subsection (b) of this section.

(3) The State shall offer for sale any energy or renewable energy credits remaining after the requirements under paragraph (2) of this subsection have been met on the competitive wholesale power market operated by PJM Interconnection, through bilateral sales to credit–worthy counterparties, or into renewable energy credit markets.

(d) (1) The State shall:

(i) issue a draft solicitation for procurement of offshore wind energy for public comment and review on or before June 1, 2024;

(ii) issue a procurement for offshore wind energy on or before July 31, 2024;

(iii) provide a procurement submission process window of not less than 180 days; and

(iv) award contracts in a timely manner.

(2) (i) Subject to subparagraph (ii) of this paragraph, on or before September 1, 2025, the State may enter into a contract or contracts for the procurement issued under paragraph (1) of this subsection.

(ii) The State may modify the date established in subparagraph (i) of this paragraph if an unforeseen circumstance adversely affects the procurement submission process.

(e) (1) In addition to the solicitation and procurement issued under subsection (d) of this section, the State:

(i) shall issue a draft solicitation for procurement of offshore wind energy for public comment and review on or before September 1, 2025; and

(ii) shall issue a procurement for offshore wind energy on or before December 31, 2025.

(2) Subject to paragraph (3) of this subsection and in addition to any contract entered into under subsection (d) of this section, on or before March 31, 2027, the State may enter into a contract or contracts for the procurement issued under paragraph (1) of this subsection.

(3) The State may modify the date established in paragraph (2) of this subsection if an unforeseen circumstance adversely affects the procurement submission process.

(f) The State shall incorporate in the offshore wind energy procurement contract terms to facilitate low–cost project development and traditional project financing terms, including:

(1) terms that waive the automatic termination clause required under § 13–217 of the State Finance and Procurement Article;

(2) terms that establish remedies to reimburse costs incurred by the contractor directly attributable to the failure of the State to appropriate funds for the contract; and

(3) any other appropriate mechanisms to ensure that offshore wind energy projects that meet the terms of the contract will have certainty of payment through the duration of the contract.

(g) (1) Within 90 days after the operational commencement date of the power purchase agreement, any contractor providing operations and maintenance services under an agreement with the Department of General Services shall submit to the Department attestation that the contractor has entered into a labor peace agreement with each labor organization that is actively engaged in representing or attempting to represent employees performing operations and maintenance work on the projects that:

(i) prohibits strikes, lockouts, or any other economic interference with the contracted project;

(ii) describes the class or classes of covered employees to whom the labor peace agreement applies;

(iii) describes any class or classes of employees not currently represented by a labor organization;

(iv) describes the classes of covered employees for which labor peace agreement negotiations have not yet concluded; and

(v) for classes of employees that are not covered by a labor peace agreement, provides an attestation that no labor organization has sought to negotiate such an agreement.

(2) A labor peace agreement required under paragraph (1) of this subsection shall be:

(i) valid and enforceable under 29 U.S.C. § 158; and

(ii) maintained as an ongoing material condition of any continuation of payments under any agreement required by this subsection.

(h) Nothing in this section may be construed to prevent the procurement of new offshore wind energy generation in accordance with the current or any future solicitation schedule.
Md. Code, State Finance and Procurement § 7-314 — MD Code / Article gsf / Title 7 / Subtitle 3 / Section 7-314
§7–314.
Status: reserved

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

(2) “Account” means the Economic Development Opportunities Program Account.

(3) “Executive agency” means an executive department or agency in the Executive Branch of State government, including all offices of the Executive Department or agency directly responsible to the Governor.

(4) “Extraordinary economic development opportunity” means the:

(i) attraction of a new private sector enterprise to the State or retention or expansion of an existing private sector enterprise in the State that:

1. maintains a strong financial condition and minimal credit risk profile;

2. is capable of accessing alternative sources of financing through financial institutions or capital markets;

3. is consistent with the strategic plan of the State for economic development;

4. creates or retains substantial employment, particularly in areas of high unemployment; and

5. invests in capital at a level equal to five times the value of the incentive offered;

(ii) retention or expansion of an existing public institution, private institution, or federal research and development institute that:

1. is consistent with the strategic plan of the State for economic development; and

2. creates or retains substantial employment, particularly in areas of high unemployment; or

(iii) establishment or attraction of a public institution, a private institution, or a federal research and development institute new to the State that:

1. is consistent with the strategic plan of the State for economic development; and

2. creates or retains substantial employment, particularly in areas of high unemployment.

(5) (i) “Performance requirement” means a contractual agreement between an executive agency and an Account recipient that requires the Account recipient to meet minimum economic development outcomes in exchange for a grant or a loan under this section.

(ii) “Performance requirement” includes claw–back, penalty, rescission, and recalibration clauses that utilize job creation, capital investment, and other measures of economic development.

(6) “Private sector enterprise” means any commercial, industrial, educational, or research organization which is not a part of or controlled by a federal, State, or local government agency.

(b) Subject to the provisions of this section, the Economic Development Opportunities Program Account is established to maximize extraordinary economic development opportunities.

(c) Subject to subsection (r) of this section, the Governor may provide an appropriation in the budget bill to the Account for a specific or general purpose or purposes.

(d) After notice to and approval by the Legislative Policy Committee, the Governor may transfer funds by budget amendment from the Economic Development Opportunities Program Account to the expenditure account of the appropriate executive agency.

(e) (1) The Account is a continuing, nonlapsing fund which is not subject to § 7–302 of this subtitle.

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

(3) The Account shall be invested and reinvested in the same manner as other State funds.

(4) Except as provided in paragraph (5) of this subsection, any investment earnings shall be subject to § 7–311(d) of this subtitle.

(5) Any investment earnings on money transferred from the Account to a second continuing, nonlapsing fund may be retained to the credit of the second fund.

(f) (1) Money appropriated or credited to the Account does not revert to the Revenue Stabilization Account.

(2) Except as provided in paragraph (3) of this subsection, repayments of principal or interest on any loan from the Account shall be retained to the credit of the Account.

(3) Repayments of principal or interest on any loan made from money transferred from the Account to a second continuing, nonlapsing fund may be retained to the credit of the second fund.

(g) (1) The Department of Commerce shall include the following information in the report that is required under § 2.5–109 of the Economic Development Article:

(i) the financial status of the program and a summary of its operations for the preceding fiscal year;

(ii) for the previous 3 fiscal years, the status of Account disbursements for economic development projects reviewed by the Legislative Policy Committee under this section;

(iii) for the previous 3 fiscal years, the status of job creation, capital investment, and other measures of economic development for each economic development project reviewed by the Legislative Policy Committee under this section;

(iv) a list of guidelines for the kinds of performance requirements that may be negotiated with the loan or grant applicant; and

(v) an explanation if the job creation, capital investment, and other measures of economic development described in items (i) through (iii) of this paragraph are lower than negotiated according to subsection (h)(1) of this section.

(2) Upon receipt of the information that is required to be reported under this subsection, the Legislative Policy Committee shall have 60 days to review and comment on the information provided by the Department of Commerce under paragraph (1) of this subsection, during which time the Department of Commerce shall provide any additional information regarding the Account as requested by the Legislative Policy Committee.

(h) (1) Except as provided in paragraph (2) of this subsection and in subsection (i) of this section, any funds transferred from the Economic Development Opportunities Program Account shall be used only for extraordinary economic development opportunities that:

(i) meet the criteria provided in this section;

(ii) include performance requirements; and

(iii) in addition to the performance requirements under item (ii) of this paragraph, include a performance requirement that utilizes a claw–back provision.

(2) The Account may pay an executive agency for administrative, legal, or actuarial expenses incurred by the agency in connection with transactions funded by transfers of money to the agency from the Account.

(i) The Legislative Policy Committee may approve an economic development opportunity that is not an extraordinary economic development opportunity if the executive agency requesting the transfer of funds offers a detailed justification for the exception. The Legislative Policy Committee shall give particular consideration to an exception that would provide a significant economic development opportunity for an area of the State that has a relatively high unemployment rate or relatively low per capita income.

(j) (1) The Department of Commerce may modify the guidelines for the kinds of performance requirements that may be negotiated with the loan or grant as needed, upon approval of the Legislative Policy Committee.

(2) An executive agency may depart from these guidelines as needed, upon approval of the Legislative Policy Committee.

(k) Subject to the provisions of this subtitle, funds transferred from the Economic Development Opportunities Program Account, to an executive agency, may be loaned, granted, or invested for:

(1) assisting in the retention or expansion of existing private sector enterprises, public or private institutions, or federal research and development institutes;

(2) assisting in the establishment or attraction of private sector enterprises, public or private institutions, or federal research and development institutes new to this State; or

(3) providing assistance where existing State or local programs lack sufficient resources or are constrained by timing or program design from being utilized.

(l) Upon submission to the Legislative Policy Committee of a proposed budget amendment to transfer money from the Account, the Governor shall provide, subject to § 2–1257 of the State Government Article, to the Legislative Policy Committee:

(1) a detailed description of:

(i) the proposed use of the funds;

(ii) the manner in which the proposed use meets the criteria as set forth in this section;

(iii) the degree to which the proposed use of funds will advance statewide or local economic development strategies and objectives; and

(iv) the degree to which available sources of federal, State, local, and private financial support have been sought and will be utilized;

(2) the terms, conditions, and performance requirements of any grant or loan for which the funds are to be used;

(3) a comprehensive economic analysis of the proposed use of the funds which estimates:

(i) the economic impact to the State and the local jurisdictions affected;

(ii) a minimum level of net economic benefits to the public sector;

(iii) the number of jobs expected to be created as a result of the proposed economic development project and the percentage of those jobs that are expected to be held by Maryland residents;

(iv) the wage rates and benefit packages for the jobs expected to be created as a result of the proposed economic development project; and

(v) any other appropriate financial or economic benefits;

(4) any other analysis or information that is requested by the Legislative Policy Committee; and

(5) the date on which the executive agency expects to disburse the funds to the proposed recipient.

(m) If an executive agency fails to disburse transferred funds to a recipient within 1 year after the expected disbursement date presented to the Legislative Policy Committee under subsection (l) of this section, the funds will revert back to the Account and the Governor shall:

(1) resubmit the proposed budget amendment to transfer money from the Account to the Legislative Policy Committee; and

(2) provide the Legislative Policy Committee with the information required under subsection (l) of this section.

(n) Funds appropriated to the Economic Development Opportunities Program Account may not be loaned, granted, or invested for:

(1) substituting for funds from other State or local programs for which a project may be eligible and sufficient resources exist;

(2) projects which are not likely to attract or retain employment opportunities;

(3) funding projects located outside the State;

(4) construction or land acquisition by the Maryland Stadium Authority; or

(5) funding for any sports activity or facility.

(o) (1) This subsection does not apply to an economic development opportunity located in an area designated as a qualified opportunity zone under § 1400Z–1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County.

(2) In the case of an economic development opportunity located outside a priority funding area as established under Title 5, Subtitle 7B of this article, the Department shall first comply with the provisions of that subtitle before making a request for approval by the Legislative Policy Committee under this section.

(p) An executive agency may approve changes to a transaction approved by the Legislative Policy Committee as long as the changes do not materially and adversely affect the overall position of the executive agency in the transaction or the economic development benefits to be derived by the State in the transaction.

(q) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Financial assistance” means a grant, loan, or investment provided under this subsection that exceeds $100,000.

(iii) “Political subdivision” includes an agency or other instrumentality of the political subdivision.

(2) This subsection does not apply to financial assistance used solely for the purpose of acquiring real property or structures on real property.

(3) With respect to financial assistance under this section to a political subdivision:

(i) if the political subdivision has a program for promoting procurement opportunities among minority businesses that is acceptable to the Department of Commerce, the political subdivision shall apply the requirements of that program to the procurement of goods or services made with the proceeds from the financial assistance; but

(ii) if the political subdivision does not have a program that is acceptable to the Department of Commerce under item (i) of this paragraph, the political subdivision is subject to paragraph (4) of this subsection.

(4) (i) In this paragraph, “minority business enterprise” has the meaning stated in § 14–301 of this article.

(ii) With respect to financial assistance under this section to an entity other than a political subdivision, the entity shall agree to include in the agreement providing the financial assistance a provision acceptable to the Department of Commerce that would encourage the procurement from minority business enterprises of goods or services purchased with the proceeds from the financial assistance.

(iii) In negotiating the provision required under subparagraph (ii) of this paragraph, the Department of Commerce shall take into account relevant factors, including:

1. the intended use of the proceeds from the financial assistance; and

2. the feasibility of obtaining the required goods or services from minority business enterprises.

(5) The Department of Commerce may require that a recipient of financial assistance under this section submit to the Department of Commerce a list, or an updated list, of the minority business enterprises from which goods or services were procured and the nature and dollar amount of the goods or services.

(r) For fiscal years 2019 through 2021, the Governor shall include in the annual budget bill an appropriation of $5,000,000 to the Account to be used by the Department of Commerce to provide conditional loans or grants to companies that meet the following criteria:

(1) construction of company headquarters in the State with capital expenditures of at least $500,000,000; and

(2) retention of company headquarters in the State with at least 3,250 eligible employees, consistent with a letter of intent entered into with the Department of Commerce in October 2016.
Md. Code, Human Services § 7-709 — MD Code / Article ghu / Title 7 / Subtitle 7 / Section 7-709
§7–709.
Status: in_force

The Governor shall take suitable public notice of each October 15 as White Cane Safety Day by issuing a proclamation that:

(1) comments on the significance of the white cane;

(2) calls on the public to observe the White Cane Law under §§ 7–704 through 7–707 of this subtitle and to take precautions necessary for the safety of blind and visually impaired individuals;

(3) reminds the public of the policies with respect to blind and visually impaired individuals and urges cooperation with the policies;

(4) emphasizes the need for awareness of the presence of blind and visually impaired individuals in the community and the need to keep roads, sidewalks, public accommodations, public buildings, public facilities, other public places, and other places to which the public is invited safe and functional for those individuals; and

(5) offers assistance to blind and visually impaired individuals on appropriate occasions.
Md. Code, Estates and Trusts § 7-204 — MD Code / Article get / Title 7 / Subtitle 2 / Section 7-204
§7–204.
Status: in_force

(a) At any time before an estate is closed, the State or an interested person may petition the court for revision of a value assigned to an item of inventory and the court may require revision as it considers appropriate.

(b) Unless the personal representative has filed a petition under subsection (a) of this section, the court shall hold a hearing on the petition.
Md. Code, Insurance § 7-603 — MD Code / Article gin / Title 7 / Subtitle 6 / Section 7-603
§7–603.
Status: in_force

(a) Each insurer subject to registration shall file the registration statement on the form provided by the Commissioner, containing the following current information:

(1) the corporate and capital structure, general financial condition, ownership, and management of the insurer and of any person controlling the insurer;

(2) the identity and relationship of each member of the insurance holding company system;

(3) any pledge of the insurer’s stock, including stock of a subsidiary or controlling affiliate, for a loan made to any member of the insurance holding company system;

(4) the following agreements in force, and transactions currently outstanding or that have occurred during the previous calendar year between the insurer and the insurer’s affiliates:

(i) loans, other investments, purchases, sales, and exchanges of securities of the affiliates by the insurer or of the insurer by its affiliates;

(ii) purchases, sales, and exchanges of assets;

(iii) transactions not in the ordinary course of business;

(iv) except for insurance contracts entered into in the ordinary course of the insurer’s business, guarantees or undertakings for the benefit of an affiliate that result in an actual contingent exposure to liability of the insurer’s assets;

(v) management agreements, service contracts, and cost–sharing arrangements;

(vi) reinsurance agreements;

(vii) dividends and other distributions to shareholders; and

(viii) consolidated tax allocation agreements;

(5) statements that the insurer’s board of directors oversees corporate governance and internal controls and that the insurer’s officers or senior management have approved, implemented, and continue to maintain and monitor corporate governance and internal control procedures;

(6) on request from the Commissioner and in accordance with subsection (f) of this section, financial statements of or within an insurance holding company system, including all affiliates;

(7) any other matters about transactions between the insurer and its affiliates that the registration statement form requires; and

(8) a summary outlining all items in the current registration statement that represent changes from the prior registration statement.

(b) Each affiliate in an insurance holding company system shall give an insurer subject to registration under this subtitle that is in the same insurance holding company system complete and accurate information if that information is reasonably necessary to enable the insurer to comply with this subtitle.

(c) Each insurer required to register under this subtitle shall, on request of the insurance commissioner of any state where the insurer is authorized to do business, file with that commissioner a copy of the registration statement summary required by subsection (a)(8) of this section.

(d) The Commissioner may allow or require affiliated insurers subject to registration under this subtitle to file a consolidated registration statement.

(e) The Commissioner may require an insurer that is a member of an insurance holding company system and that is not subject to registration under this subtitle to provide to the Commissioner a copy of the registration statement or other information that the insurer files with the commissioner of the insurer’s domiciliary jurisdiction.

(f) (1) Financial statements required under subsection (a)(6) of this section may include annual audited financial statements filed with the U.S. Securities and Exchange Commission under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended.

(2) An insurer required to file financial statements under subsection (a) of this section may satisfy the request by providing the Commissioner with the most recently filed parent corporation financial statements that have been filed with the U.S. Securities and Exchange Commission.

(g) (1) Except as provided in paragraph (3) of this subsection and unless otherwise provided by the Commissioner through regulation or order, a sale, a purchase, an exchange, a loan or an extension of credit, an investment, or a guarantee involving 0.5% or less of an insurer’s admitted assets as of the December 31 immediately preceding the transaction is not material for purposes of this section.

(2) Information need not be disclosed on the registration statement filed under subsection (a) of this section if the information is not material.

(3) Paragraph (1) of this subsection does not apply for purposes of the group capital calculation or the liquidity stress test framework.

(h) (1) Beginning in 2015, the ultimate controlling person of every insurer subject to registration shall file an annual enterprise risk report on or before July 1 of each year unless the Commissioner extends the time for filing for good cause.

(2) The enterprise risk report shall, to the best of the ultimate controlling person’s knowledge and belief, identify the material risks within the insurance holding company system that could pose enterprise risk to the insurer.

(3) The enterprise risk report shall be filed with the lead state commissioner of the insurance holding company system as defined and determined by the procedures in the NAIC Financial Analysis Handbook.

(4) The Commissioner may share the enterprise risk report filed under paragraph (1) of this subsection with an insurance regulatory agency in a state that has laws or regulations that the Commissioner determines are substantially similar to § 2–209(g) and (h) of this article, only if the agency agrees in writing to maintain the confidentiality and privileged status of the report.

(i) (1) (i) Except as provided in paragraph (2) of this subsection, the ultimate controlling person of each insurer subject to registration under this subtitle shall concurrently file with the registration statement an annual group capital calculation as directed by the lead state commissioner of the insurance group.

(ii) 1. The report shall be completed in accordance with the NAIC group capital calculation instructions.

2. The NAIC group capital calculation instructions may authorize the lead state commissioner to allow a controlling person that is not the ultimate controlling person to file the group capital calculation.

(iii) The report shall be filed with the lead state commissioner of the insurance holding company system as determined by the lead state commissioner in accordance with the procedures in the NAIC Financial Analysis Handbook.

(2) The following insurance holding company systems are exempt from filing the group capital calculation:

(i) an insurance holding company system that:

1. has only one insurer within its holding company structure;

2. only writes business and is only licensed in its domestic state; and

3. assumes no business from any other insurer;

(ii) an insurance holding company system that is required to perform a group capital calculation specified by the Federal Reserve Board, unless the Federal Reserve Board cannot share the calculation with the lead state commissioner after the lead state commissioner makes a request under the terms of information sharing agreements in effect at the time the request is made;

(iii) an insurance holding company system whose non–U.S. group–wide supervisor is located within a reciprocal jurisdiction as described in § 5–917 of this article that recognizes the U.S. state regulatory approach to group supervision and group capital;

(iv) an insurance holding company system that provides information to the lead state that meets the requirements for accreditation under the NAIC financial standards and accreditation program, either directly or indirectly through the group–wide supervisor, who has determined that the information is satisfactory to allow the lead state to comply with the NAIC group supervision approach, as detailed in the NAIC Financial Analysis Handbook; and

(v) an insurance holding company system whose non–U.S. group–wide supervisor that is not in a reciprocal jurisdiction recognizes and accepts, as the lead state commissioner specifies by regulation, the group capital calculation as the world–wide group capital assessment for U.S. insurance groups that operate in that jurisdiction.

(3) Notwithstanding paragraph (2)(iii), (iv), and (v) of this subsection, the lead state commissioner shall require the group capital calculation for U.S. operations of any non–U.S.–based insurance holding company system if, after any necessary consultation with other supervisors or officials, the lead state commissioner determines that the group capital calculation is appropriate for prudential oversight and solvency monitoring purposes or for ensuring the competitiveness of the insurance marketplace.

(4) Notwithstanding the exemptions from filing the group capital calculation stated in paragraph (2) of this subsection, the lead state commissioner may exempt the ultimate controlling person from filing the annual group capital calculation or may accept a limited group capital filing or report in accordance with criteria the lead state commissioner specifies by regulation.

(5) If the lead state commissioner determines that an insurance holding company system no longer meets one or more of the requirements for an exemption from filing the group capital calculation under this subsection, the insurance holding company system shall file the group capital calculation at the next annual filing date unless the lead state commissioner grants an extension based on reasonable grounds shown.

(j) (1) The ultimate controlling person of every insurer that is subject to registration under this section and included in the scope of the NAIC liquidity stress test framework shall file the results of a specific year’s liquidity stress test concurrently with the registration statement.

(2) The filing shall be made to the lead state insurance commissioner of the insurance holding company system as determined by the procedures in the NAIC Financial Analysis Handbook in accordance with paragraph (3) of this subsection.

(3) (i) 1. The NAIC liquidity stress test framework includes scope criteria applicable to a specific data year.

2. The scope criteria are reviewed at least annually by the Financial Stability Task Force or its successor.

3. Any changes to the NAIC liquidity stress test framework or to the data year for which the scope criteria are to be measured shall be effective on January 1 of the year following the calendar year when the changes are adopted.

(ii) Insurers meeting at least one threshold of the scope criteria are considered included in the scope of the NAIC liquidity stress test framework for the specified data year unless the lead state commissioner, in consultation with the NAIC Financial Stability Task Force or its successor, determines that the insurer should not be included in the scope of the framework for that data year.

(iii) Insurers that do not trigger at least one threshold of the scope criteria are considered excluded from the scope of the NAIC liquidity stress test framework for the specified data year, unless the lead state commissioner, in consultation with the NAIC Financial Stability Task Force or its successor, determines that the insurer should be included in the scope of the framework for that data year.

(iv) On request by an insurer, the lead state commissioner may consult with the Financial Stability Task Force or its successor to address the insurer’s experience of being included in or excluded from the scope of the NAIC liquidity stress test framework on a frequent basis.

(v) The performance of, and filing of the results from, a specific year’s liquidity stress test shall comply with the NAIC liquidity stress test framework’s instructions and reporting templates for that year and any lead state insurance commissioner determinations, in consultation with the Financial Stability Task Force or its successor, included in the framework.
Md. Code, Election Law § 7-104 — MD Code / Article gel / Title 7 / Subtitle 1 / Section 7-104
§7–104.
Status: in_force

(a) A petition for the election of a charter board may not be filed unless all of the signatures attached to the petition have been written by the signers within 6 months of the date when the petition is presented to the board.

(b) A petition relating to a question arising under Article XI–A of the Maryland Constitution shall be filed with the appropriate governmental body or officer not later than the 99th day before the general election at which the question is to be voted on.

(c) (1) The responsible officers of a petition sponsor’s ballot issue committee shall be a party to any proceeding to test the validity of the petition.

(2) The proceeding shall be filed in the county where the petition sponsor resides or maintains its principal place of business.
Md. Code, Business Occupations and Professions § 7-207 — MD Code / Article gbo / Title 7 / Subtitle 2 / Section 7-207
§7–207.
Status: in_force

The Board shall pay all money collected under this title into the General Fund of the State.
Md. Code, Public Utilities § 7-207.4 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-207.4
§7–207.
Status: in_force

§7–207.4.

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

(2) “Distributed generation certificate of public convenience and necessity” or “DGCPCN” means a certificate issued by the Commission under this section that authorizes the construction and operation of a distributed solar energy generating system.

(3) “Distributed solar energy generating system” means a community solar energy generating system, as defined in § 7–306.2 of this title, that:

(i) would be required to obtain a certificate of public convenience and necessity under § 7–207 of this subtitle if the system does not obtain a DGCPCN under this section;

(ii) has a capacity to produce more than 2 megawatts but not more than 5 megawatts of alternating current as measured by the alternating current rating of the system’s inverter; and

(iii) is not located within a municipal corporation.

(4) “Forest” has the meaning stated in § 5–1601 of the Natural Resources Article.

(5) “Power Plant Research Program” means the program within the Department of Natural Resources under Title 3, Subtitle 3 of the Natural Resources Article.

(6) “Standard licensing conditions” means the predetermined licensing conditions adopted by the Commission under this section for the construction and operation of a distributed solar energy generating system that has been issued a DGCPCN under this section.

(7) “Standard siting and design requirements” means the predetermined objective requirements adopted by the Commission under this section for the siting and design of a distributed solar energy generating system that has been issued a DGCPCN under this section.

(b) (1) On or before July 1, 2026, the Power Plant Research Program, after giving notice and opportunity for public comment, shall develop and submit to the Commission proposed standard siting and design requirements and proposed standard licensing conditions for the issuance of a DGCPCN.

(2) In developing the proposed standard siting and design requirements and the proposed standard licensing conditions, the Power Plant Research Program shall:

(i) consider achievement of the State’s climate and renewable energy commitments;

(ii) consider reasonable setbacks and landscape screening requirements;

(iii) consider environmental preservation, including prohibitions on forest clearance except where necessary to:

1. reduce solar panel shading near the perimeter of the project site;

2. facilitate interconnection infrastructure; and

3. ensure adequate site access;

(iv) consider stormwater management, erosion and sediment control, and site stabilization, accounting for:

1. the effects on runoff from solar panels and associated equipment;

2. the effects of soil characteristics and compaction on runoff; and

3. the effects of the ground cover under and between the solar panels on runoff;

(v) consider minimization and mitigation of the effects of a distributed solar energy generating system on historic sites;

(vi) consider public safety;

(vii) consider industry best practices;

(viii) consider ensuring the stability and reliability of the electric system by requiring the applicant to submit a signed interconnection agreement with the electric company before the start of construction;

(ix) consider licensing conditions previously adopted by the Commission for solar energy generating systems, including requirements related to decommissioning;

(x) ensure the standard siting and design requirements are consistent with § 7–218 of this subtitle; and

(xi) consider any other requirements determined necessary by the Power Plant Research Program.

(c) (1) Subject to paragraph (2) of this subsection, on or before July 1, 2027, the Commission shall adopt regulations to:

(i) implement standard siting and design requirements and standard licensing conditions for a DGCPCN;

(ii) specify the form of the application for a distributed solar energy generating system to receive a DGCPCN and any application fee;

(iii) specify the Commission’s procedure for processing an application for a DGCPCN; and

(iv) establish the time period within which the Power Plant Research Program must make the determination under subsection (f) of this section.

(2) The Commission shall:

(i) consider the proposed standard siting and design requirements and the proposed standard licensing conditions developed by the Power Plant Research Program in adopting the regulations under this subsection; and

(ii) ensure regulations adopted to implement standard siting and design requirements are consistent with § 7–218 of this subtitle.

(3) (i) The Commission, in consultation with the Power Plant Research Program, may periodically solicit public comments regarding improvements to the standard siting and design requirements and standard licensing conditions for a DGCPCN.

(ii) The process for soliciting public comments under subparagraph (i) of this paragraph shall be the same as the process for soliciting public comment regarding the adoption of a regulation.

(4) (i) The Commission and the Department of Natural Resources may jointly set an application fee for a DGCPCN application at an amount that the Commission and the Department of Natural Resources determine may offset the administrative costs of the DGCPCN approval process that are incurred by the Commission and the Department of Natural Resources.

(ii) The administrative costs under subparagraph (i) of this paragraph shall be based on an estimate of the number of DGCPCN applications that will be filed with the Commission each year.

(d) (1) A person may not begin construction of a distributed solar energy generating system unless:

(i) a DGCPCN is first obtained from the Commission in accordance with this section; or

(ii) a certificate of public convenience and necessity is first obtained from the Commission in accordance with § 7–207 of this subtitle.

(2) At least 30 days before submitting an application for a DGCPCN to the Commission, the applicant shall submit a copy of the application to the governing body of the county in which the distributed solar energy generating system is proposed to be located.

(3) When a person submits an application for a DGCPCN to the Commission, the person shall submit a copy of the application to the Power Plant Research Program.

(e) (1) After receiving an application for a DGCPCN but before a determination is made under subsection (f) of this section, the Commission shall provide an opportunity for public comment and hold a public hearing on an application for a DGCPCN in each county in which any portion of the construction of the distributed solar energy generating system is proposed to be located.

(2) The Commission may hold the public hearing virtually rather than in person if the Commission provides a comparable opportunity for public comment and participation in the hearing.

(f) (1) After an application for a DGCPCN is filed with the Commission and within the time period set by the Commission under subsection (c)(1)(iv) of this section, the Power Plant Research Program shall:

(i) determine whether the distributed solar energy generating system satisfies the standard siting and design requirements for the DGCPCN; and

(ii) notify the Commission in writing as to the determination made under item (i) of this paragraph, including how an application that is determined not to satisfy the standard siting and design requirements can cure the deficiency.

(2) In making a determination under paragraph (1) of this subsection, the Power Plant Research Program shall consider public comments received by the Commission.

(g) (1) Within 60 days after the Power Plant Research Program makes its determination under subsection (f)(1) of this section, the Commission shall schedule a hearing to consider the application for a DGCPCN.

(2) (i) At the hearing under paragraph (1) of this subsection, the Commission shall determine whether the proposed distributed solar energy generating system satisfies the standard siting and design requirements.

(ii) The Commission shall issue a DGCPCN to an applicant to construct a proposed distributed solar energy generating system subject to the standard licensing conditions if the Commission determines that the proposed distributed solar energy generating system satisfies the standard siting and design requirements.

(iii) The Commission may not issue a DGCPCN to an applicant if the proposed distributed solar energy generating system does not satisfy each of the standard siting and design requirements.

(3) In making a determination under this subsection, the Commission shall consider public comments received by the Commission under subsection (e) of this section.

(h) (1) A DGCPCN issued by the Commission under this section shall require the person constructing the distributed solar energy generating system to obtain the following permits and approvals from the county, municipal corporation, or soil conservation district in which the system is to be constructed:

(i) site plan approval;

(ii) stormwater management plan approval;

(iii) erosion and sediment control plan approval;

(iv) all applicable building and electrical permits; and

(v) any additional local permit required by the standard licensing conditions.

(2) The provisions of § 7–207(h) of this subtitle shall apply to any permits and approvals required under paragraph (1) of this subsection.

(i) A DGCPCN issued by the Commission under this section has the same force and effect as a certificate of public convenience and necessity issued under § 7–207 of this subtitle.
Md. Code, Health - General § 7-517 — MD Code / Article ghg / Title 7 / Subtitle 5 / Section 7-517
§7–517.
Status: in_force

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

(2) “ICF–ID income” means all revenues received by an ICF–ID from any source providing ICF–ID services to residents of the facility.

(3) “Intermediate care facility for individuals with an intellectual disability (ICF–ID)” means a State residential center for individuals with an intellectual disability.

(b) (1) Each ICF–ID operating in Maryland is subject to an assessment of 6% of all ICF–ID income.

(2) The assessment required by this section shall:

(i) Be paid by each ICF–ID in accordance with this section; or

(ii) Terminate if the assessment is not permissible under Section 1903(w) of the Social Security Act.

(c) On or before the 15th day of each quarter of the State fiscal year, each ICF–ID shall pay to the Department 6% of the ICF–ID income received during the previous fiscal quarter.

(d) For fiscal year 2004, the assessment required by this section shall be paid on or before June 20, 2004, based on the ICF–ID income received during the period from April 1, 2003, through March 31, 2004.

(e) The Department may adopt regulations to implement this section.
Md. Code, Health Occupations § 7-405 — MD Code / Article gho / Title 7 / Subtitle 4 / Section 7-405
§7–405.
Status: reserved

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

(2) “Beneficiary” means a person for whose benefit a pre–need contract is purchased and who will receive the merchandise or services offered under the contract.

(3) “Buyer” means a person that purchases a pre–need contract.

(4) “Guaranteed contract” means a written pre–need contract that:

(i) Is signed by the consumer and a licensee of a licensed funeral establishment; and

(ii) Guarantees in whole the price of goods and services and cash advance items specified in the contract.

(5) “Guaranteed in part contract” means a written pre–need contract that:

(i) Is signed by the consumer and a licensee of a licensed funeral establishment; and

(ii) Guarantees in part the price of goods and services and cash advance items specified in the contract.

(6) “Nonguaranteed contract” means a written pre–need contract:

(i) That is signed by the consumer and a licensee of a licensed funeral establishment;

(ii) That does not guarantee the price of any specific goods and services or cash advance items; and

(iii) For which any funds or benefits paid under the contract are only a deposit or partial payment to be applied toward the final cost, determined at the time of death, of the goods, services, or cash advance items.

(7) “Seller” means a person who agrees to provide services or merchandise, directly or indirectly, under a pre–need contract.

(8) “Trustee” means a person that has responsibility for making pre–need arrangements in a manner that entitles the beneficiary to be eligible for benefits that restrict assets.

(b) (1) Only a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license may offer or agree, directly or indirectly, to provide services or merchandise under a pre–need contract.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, a licensed mortician or a licensed funeral director who is employed by a funeral establishment may execute pre–need contracts on behalf of the funeral establishment with which the mortician or funeral director is employed.

(3) Any funeral establishment on whose behalf pre–need contracts are executed under this subsection must comply with the requirements of this section.

(c) (1) A pre–need contract shall contain:

(i) The name of each party to the contract and, if the beneficiary is an individual other than the buyer, the name of the beneficiary of the contract;

(ii) A description of any service or merchandise to be provided under the pre–need contract;

(iii) A disclosure statement that clearly:

1. States that all funeral costs may not be covered under the pre–need contract;

2. States that “not all charges that may be required to be paid at the time of need are listed in this contract”;

3. Informs a buyer of whether the contract is a guaranteed contract, a guaranteed in part contract, or a nonguaranteed contract; and

4. If the contract is a guaranteed in part contract:

A. Lists the funeral goods and services or cash advance items included in the guarantee; and

B. Identifies in at least 14 point bold face type above each section of the contract whether the section is fully guaranteed or not guaranteed;

(iv) A line totaling:

1. The guaranteed amount paid; and

2. The amount for nonguaranteed items that are considered to be only a down payment toward future total cost; and

(v) The method of payment.

(2) If disclosure is made in accordance with paragraph (1)(iii)3 and 4 of this subsection, a pre–need contract may:

(i) Be a guaranteed contract, a guaranteed in part contract, or a nonguaranteed contract; and

(ii) Include cash advance items or goods and services that are not guaranteed.

(3) A pre–need contract shall be executed in duplicate and be signed by each party.

(4) The seller shall give one of the duplicate originals of the pre–need contract to the buyer.

(d) (1) Within 10 days after receiving a payment under a pre–need contract, the seller shall deposit into an interest bearing, escrow or trust account:

(i) For services, 100% of the payment under the pre–need contract; and

(ii) For goods:

1. An amount from the payment that is equal to 80% of the selling price of a casket or casket vault under the pre–need contract; and

2. 100% of the payment that is for all other goods under the pre–need contract.

(2) The interest bearing, escrow or trust account shall be with:

(i) A banking institution that is insured by an agency of the federal government; or

(ii) A savings and loan association that is insured by an agency of the federal government.

(3) (i) A pre–need escrow or trust account may not be deemed an asset of:

1. The individual licensee; or

2. The licensed funeral establishment.

(ii) A pre–need escrow or trust account with a banking institution or savings and loan association described in paragraph (2) of this subsection shall be:

1. Established using the name, address, and Social Security number of the buyer; and

2. Held in trust for the licensed funeral establishment.

(iii) 1. A buyer for whom a monetary pre–need escrow or trust account is established under subparagraph (ii) of this paragraph shall receive a statement regarding the escrow or trust account at least annually.

2. The requirement under subsubparagraph 1 of this subparagraph may be satisfied by a statement that is:

A. Issued by the banking institution or savings and loan association at which the escrow or trust account is established; and

B. Sent to the buyer.

(4) (i) Any interest or dividends earned by the escrow or trust account prior to service being rendered belong to the buyers of the pre–need contracts.

(ii) Upon performance of the contract, any interest or dividends earned by the escrow or trust account belong to the seller.

(e) (1) (i) Except as may be provided in an irrevocable trust established under paragraph (4) of this subsection and in subparagraph (ii) of this paragraph, the banking institution or savings and loan association with which funds are deposited under this section is not responsible for the application of pre–need contract escrow or trust funds.

(ii) Except as otherwise provided in this section, the banking institution or savings and loan association with which funds are deposited under this section may not release the funds to the seller unless the seller provides to the banking institution or savings and loan association:

1. A copy of the death certificate of the beneficiary; or

2. A notarized statement and withdrawal request from the buyer or the buyer’s legal representative.

(2) (i) Except as otherwise provided in this subsection, a seller may not withdraw from the account any money received from a buyer unless the services and merchandise have been provided as agreed in the contract.

(ii) 1. Except as otherwise provided in this subsection, a seller may not withdraw from the account any money received from a buyer unless the seller provides to the banking institution or savings and loan association with which funds are deposited a copy of the beneficiary’s death certificate.

2. A violation of subsubparagraph 1 of this subparagraph is an unfair or deceptive trade practice under Title 13 of the Commercial Law Article.

(3) A pre–need contract is ended and a seller shall refund to a buyer all payments and interest held for the buyer if:

(i) The buyer or the legal representative of the buyer demands in writing a refund of all payments made;

(ii) The business of the seller is discontinued or sold;

(iii) The seller is unable to perform under the terms and conditions of the pre–need contract; or

(iv) The buyer fails to pay the entire contract price before the death of the beneficiary, and the seller considers the pre–need contract void.

(4) (i) Notwithstanding the provisions of paragraph (3) of this subsection, the buyer of a pre–need contract has the option, at any time, to establish, under paragraph (5) of this subsection, an irrevocable trust with respect to all or any portion of the payment made under the contract in the escrow or trust account held by the seller, but only for the purpose of entitling the buyer to be eligible for any current Social Security benefits or for any benefits under any other plan that restricts eligibility to those with limited assets.

(ii) The trust document establishing a trust under this paragraph shall contain the following notice, conspicuously displayed in 10–point boldface type:

“This document creates an irrevocable trust. Under the terms of this document, a buyer may not receive a refund of any payments made for the pre–need burial contract”.

(5) The trust document establishing a trust under paragraph (4) of this subsection shall provide for:

(i) The disposition of the income earned by the trust which shall inure to the benefit of the buyer;

(ii) The transfer of the trust funds if required by a trustee substituted under paragraph (6) of this subsection; and

(iii) The disposition of the trust funds if:

1. The business of the seller is discontinued or sold;

2. The seller is unable to perform under the terms and conditions of the pre–need contract; and

3. The buyer fails to pay the entire contract price before the death of the beneficiary and the seller considers the pre–need contract void.

(6) If the buyer exercises the option described in paragraph (4) of this subsection, the buyer, a relative of the buyer, or legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a trustee other than the one originally designated in the contract.

(7) If a contract is voided under paragraph (3) of this subsection and the option to establish an irrevocable trust has been exercised under paragraph (4) of this subsection, the buyer, a relative of the buyer, or a legal representative of the buyer shall retain the right to appoint, as trustee of the irrevocable trust, a trustee other than the one originally designated in the contract.

(f) (1) A pre–need contract is not subject to the Retail Installment Sales Act.

(2) The making of a pre–need contract by a licensed mortician, a licensed funeral director, or a holder of a surviving spouse license is not the practice of insurance business.

(3) (i) A pre–need contract that is a guaranteed contract, a guaranteed in part contract, or a nonguaranteed contract may be funded by a life insurance policy or an annuity contract if:

1. The mortician, funeral director, licensed funeral establishment, or surviving spouse is not the owner of or beneficiary under the life insurance policy or annuity contract;

2. An irrevocable assignment of benefits to the licensed funeral establishment:

A. May be transferred at any time by the owner of the life insurance policy or annuity contract to any other licensed funeral establishment; and

B. May not be transferred to the consumer; and

3. Any benefits payable under the life insurance policy or annuity contract in excess of the amount necessary to pay the total price, as determined at the time of death of the insured, of the services and merchandise agreed on in the pre–need contract are paid to the beneficiary under the life insurance policy or annuity contract.

(ii) A pre–need contract that is funded by a life insurance policy or an annuity contract shall terminate if the assignment of benefits to the mortician, funeral director, or surviving spouse is revoked by the owner of the life insurance policy or annuity contract.

(iii) 1. The offer, sale, or assignment of a life insurance policy or annuity contract to fund a pre–need contract is not subject to this section.

2. A pre–need contract funded by a life insurance policy or an annuity contract is not subject to subsection (d) or (e) of this section.

(g) A seller of a pre–need contract shall provide the buyer with a general price list for the buyer to keep of the goods and services offered by the seller.

(h) A seller of a pre–need contract shall disclose to the consumer the buyer’s cancellation and refund rights under subsection (d) of this section.
Md. Code, Education § 7-303 — MD Code / Article ged / Title 7 / Subtitle 3 / Section 7-303
§7–303.
Status: reserved

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

(2) “Criminal organization” has the meaning stated in § 9–801 of the Criminal Law Article.

(3) “Law enforcement agency” means the law enforcement agencies listed in § 3–101(e) of the Public Safety Article.

(4) “Local school system” means the schools and school programs under the supervision of the local superintendent.

(5) “Local superintendent” means:

(i) The county superintendent, for the county in which a student is enrolled, or a designee of the superintendent, who is an administrator; or

(ii) The superintendent of schools for the:

1. Archdiocese of Baltimore;

2. Archdiocese of Washington; and

3. Catholic Diocese of Wilmington.

(6) “Reportable offense” means an offense that:

(i) Occurred off school premises;

(ii) Did not occur at an event sponsored by the school; and

(iii) Involved any of the following:

1. A crime of violence, as defined in § 14–101 of the Criminal Law Article;

2. Any of the offenses enumerated in § 3–8A–03(d)(4) of the Courts Article;

3. A violation of § 4–101, § 4–102, § 4–203, or § 4–204 of the Criminal Law Article;

4. A violation of § 5–602, § 5–603, § 5–604, § 5–605, § 5–606, § 5–607, § 5–608, § 5–608.1, § 5–609, § 5–612, § 5–613, § 5–614, § 5–617, § 5–618, § 5–627, or § 5–628 of the Criminal Law Article;

5. A violation of § 4–503, § 9–504, or § 9–505 of the Criminal Law Article;

6. A violation of § 6–102, § 6–103, § 6–104, or § 6–105 of the Criminal Law Article;

7. A violation of § 9–802 or § 9–803 of the Criminal Law Article;

8. A violation of § 3–203 of the Criminal Law Article;

9. A violation of § 6–301 of the Criminal Law Article;

10. A violation of § 9–302, § 9–303, or § 9–305 of the Criminal Law Article;

11. A violation of § 7–105 of the Criminal Law Article;

12. A violation of § 6–202 of the Criminal Law Article; or

13. A violation of § 10–606 of the Criminal Law Article.

(7) “School principal” means the principal of the public or nonpublic school in which a student is enrolled, or a designee of the principal, who is an administrator.

(8) (i) “School security officer” includes a school principal, another school administrator, a law enforcement officer, or other individual employed by a local school system or a local government who is designated by the county superintendent or a school principal to help maintain the security and safety of a school.

(ii) “School security officer” does not include a teacher.

(9) “Student” means an individual enrolled in a public school system or nonpublic school in the State who is 5 years of age or older and under 22 years of age.

(b) If a student is arrested for a reportable offense or an offense that is related to the student’s membership in a criminal organization, the law enforcement agency making the arrest:

(1) Shall notify the following individuals of the arrest and the charges within 24 hours of the arrest or as soon as practicable:

(i) The local superintendent;

(ii) The school principal; and

(iii) For a school that has a school security officer, the school security officer; and

(2) May notify the State’s Attorney of the arrest and charges.

(c) The State’s Attorney shall promptly notify either the local superintendent or the school principal of the disposition of the reportable offense required to be reported under subsection (b) of this section.

(d) Except by order of a juvenile court or other court upon good cause shown, the information obtained by an individual pursuant to subsections (b) and (c) of this section:

(1) Is confidential and may not be redisclosed by subpoena or otherwise except as provided pursuant to subsections (e) and (f) of this section; and

(2) May not be made part of the student’s permanent educational record.

(e) (1) Notwithstanding the provisions of subsection (d) of this section, nothing shall prohibit a local superintendent or school principal from transmitting the information obtained pursuant to subsections (b) and (c) of this section as a confidential file to the local superintendent of another public school system in the State or another nonpublic school in the State in which the student has enrolled or been transferred in order to carry out the purposes of this section if the disposition of the reportable offense was a conviction or an adjudication of delinquency or the criminal charge or delinquency petition is still pending.

(2) A local superintendent or school principal who transmits information about a student under this subsection shall include in the transmittal information regarding any educational programming and related services provided to the student.

(f) The State Board shall adopt regulations to ensure that information obtained by a local superintendent, a school principal, or a school security officer under subsections (b), (c), and (e) of this section is:

(1) Used to provide appropriate educational programming and related services to the student and to maintain a safe and secure school environment for students and school personnel;

(2) Transmitted only to school personnel of the school in which the student is enrolled as necessary to carry out the purposes set forth in item (1) of this subsection; and

(3) Destroyed when the student graduates or otherwise permanently leaves school or turns 22 years old, whichever occurs first.

(g) (1) Except as otherwise provided in paragraph (2) of this subsection, the local superintendent and the school principal shall consider prohibiting a student who is arrested for a reportable offense involving rape or a sexual offense from attending the same school or riding on the same school bus as the alleged victim of the reportable offense if such action is necessary or appropriate to protect the physical or psychological well–being of the alleged victim.

(2) If a student is arrested for a reportable offense involving rape or a sexual offense and is convicted of or adjudicated delinquent for the rape or sexual offense, the student may not attend the same school or ride on the same school bus as the victim.

(h) Nothing in this section is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means other than that set forth in subsections (b), (c), and (e) of this section.

(i) Each public school that enrolls students in grades six through twelve in the State shall designate at least one school security officer.

(j) (1) On or before December 30 each year, the Department, in accordance with State and federal privacy laws, shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report that includes the following information about each reportable offense for which a local school received information under subsection (b) of this section in the preceding school year:

(i) The nature of the reportable offense;

(ii) Verification that the offense occurred off school premises;

(iii) Action taken by the local school and county board after being notified of the reportable offense;

(iv) The race, ethnicity, gender, and disability status of the student arrested for the reportable offense;

(v) The grade of the student arrested for the reportable offense;

(vi) The regular school program of the student arrested for the reportable offense;

(vii) Whether the student’s regular school program was altered as a result of the reportable offense;

(viii) If the student was removed from the student’s regular school program as a result of the reportable offense:

1. The amount of time during which the student was removed; and

2. The student’s placement and educational programming during the period of removal; and

(ix) If removed from the student’s regular school program, the student’s academic performance during the time period the student was removed, including attendance, grades, and standardized test scores, and any additional disciplinary actions.

(2) Each county board and public school shall provide the Department with any information necessary to issue its report in accordance with this section.

(k) If a student is removed or excluded from the student’s regular school program for a reportable offense, the principal or county superintendent shall invite the student’s attorney, if the student has an attorney, to participate in the conference between the student or the student’s parent or guardian and the principal or county superintendent, and the manifestation determination review, if applicable.
Md. Code, Health Occupations § 7-4A-07 — MD Code / Article gho / Title 7 / Subtitle 4A / Section 7-4A-07
§7–4A–07.
Status: in_force

(a) Each claim against the Fund shall be made in accordance with this section.

(b) Each claim shall:

(1) Be in writing;

(2) Be made under oath;

(3) State the amount of loss claimed;

(4) State the facts on which the claim is based; and

(5) Be accompanied by any documentation or other evidence that supports the claim.
Md. Code, Education § 7-1806 — MD Code / Article ged / Title 7 / Subtitle 18 / Section 7-1806
§7–1806.
Status: in_force

(a) On or before December 1 each year, the Department, in consultation with the Commission, shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Program in the State, including:

(1) The number of students enrolled in each P–TECH school;

(2) The industry partners associated with each P–TECH school;

(3) The pathway sequence created for each P–TECH school;

(4) How P–TECH students performed on federal and State assessments;

(5) The number of P–TECH students graduating from each P–TECH school and receiving a high school diploma and an associate’s degree;

(6) The year in which each P–TECH student graduated and received the degree;

(7) The number of P–TECH students in each P–TECH school who receive paid internships with each industry partner;

(8) The number of P–TECH students in each P–TECH school on track for on–time completion of the pathway sequence;

(9) The rate of attrition, if any, from each P–TECH school by grade and by cohort;

(10) The number of students at each P–TECH school who have an IEP plan, have a 504 plan, or are English Language Learners;

(11) The percentage of P–TECH students who meet the free and reduced meal plan income criteria in each P–TECH school;

(12) The number of P–TECH students in each P–TECH school who, by the fourth year of the pathway sequence, complete the requirements for a high school diploma;

(13) The number of P–TECH students in each P–TECH school who are employed after completion of the pathway sequence with each industry partner or who matriculate to a public or private senior higher education institution after finishing the pathway sequence;

(14) The base and supplemental costs of operating a P–TECH school;

(15) The total amount of funds distributed to each P–TECH school in accordance with this subtitle;

(16) An accounting of each P–TECH school’s expenditures; and

(17) Whether all funds distributed under this subtitle were spent.

(b) On or before December 1, 2023, the Department, in consultation with the Commission, shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly:

(1) An analysis of the annual data reported under subsection (a) of this section; and

(2) An evaluation of whether the P–TECH Program is successful in preparing students for the workforce or for further postsecondary education.