Md. Code, Education § 7-426.6 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-426.6
§7–426.
Status: in_force

§7–426.6.

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

(2) “Asthma” means a chronic lung disease that inflames and narrows air passages, causing recurring periods of wheezing, chest tightness, shortness of breath, and coughing.

(3) “Bronchodilator” means medication that relaxes bronchial muscles, resulting in the expansion of bronchial air passages to provide fast treatment of asthma–related symptoms and symptoms of respiratory distress.

(4) (i) “School personnel” means individuals who are employed by a public school, or, in the case of some school health staff, by a local health department.

(ii) “School personnel” includes part–time employees, teachers, substitute teachers employed by the school for at least 7 days each school year, registered nurse case managers, delegating nurses, and administrative staff.

(b) (1) Except as provided in paragraph (2) of this subsection, the Maryland Department of Health, in consultation with county boards, shall establish a policy for public schools to authorize the school nurse and designated school personnel to administer a bronchodilator to a student who is determined by an individual who has undergone the training provided under subsection (c) of this section to be, or is perceived to be, experiencing asthma–related symptoms or is perceived to be in respiratory distress, regardless of whether the student:

(i) Has been diagnosed with asthma or reactive airway disease; or

(ii) Has been prescribed a bronchodilator by an authorized licensed health care practitioner under the Health Occupations Article.

(2) Neither a school nurse nor any other designated school personnel may administer a bronchodilator to a prekindergarten student unless the student has been diagnosed with asthma or a reactive airway disease and has a prescription for a bronchodilator as prescribed by the student’s health care practitioner.

(c) (1) The Department, in consultation with the Maryland Department of Health, the American Lung Association, and the Asthma and Allergy Foundation of America, shall identify or develop training to:

(i) Identify the symptoms of asthma and respiratory distress;

(ii) Identify the symptoms of anaphylaxis; and

(iii) Distinguish between anaphylaxis and asthma or respiratory distress.

(2) The training identified or developed under paragraph (1) of this subsection shall be provided to school nurses and voluntary school personnel who are designated by a school nurse and, in the clinical judgment of the school nurse, are appropriate recipients of the training.

(3) The training provided under this subsection shall be a paid professional development training.

(d) The policy established under subsection (b) of this section shall include:

(1) The training required under subsection (c) of this section;

(2) Procedures for the emergency administration of a bronchodilator by a school nurse or designated school personnel;

(3) Procedures for recognizing the need to administer a bronchodilator and for administering a bronchodilator based on the severity of the symptoms being experienced by a student;

(4) The proper follow–up emergency procedures;

(5) A provision requiring that bronchodilators and modes of delivery, including inhalers with spacers, be stored in public schools to be used in an emergency situation;

(6) A provision authorizing a county board to obtain a standing order for the administration of bronchodilators; and

(7) A requirement that each public school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year.

(e) (1) An authorized licensed health care practitioner may provide bronchodilators to a school nurse or designated school personnel for use in accordance with this section.

(2) Bronchodilators and modes of administration, including inhalers with spacers, used by a school nurse or designated school personnel must be from a licensed pharmacy or manufacturer.

(3) A county board or public school may accept donated bronchodilators and modes of administration, including inhalers with spacers, from a licensed pharmacy or manufacturer.

(4) A county board may apply for grants to obtain funding for the purchase of bronchodilators and modes of administration, including inhalers with spacers.

(f) (1) Except for any willful or grossly negligent act, a school nurse or any other school personnel who respond in good faith to the asthma attack or respiratory distress of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the child in distress.

(2) Except for any willful or grossly negligent act, a health care provider who prescribes or dispenses a bronchodilator used to treat a child in accordance with paragraph (1) of this subsection may not be held personally liable for any act or omission that occurs in the course of responding to the child in distress.

(g) (1) (i) For each incident at the school or at a related school event that requires the use of a stock bronchodilator in accordance with this section, each public school shall:

1. Notify the student’s parent or legal guardian of the incident; and

2. Make a record of the incident, on the form that the Department requires, and file the form in the student’s school medical record.

(ii) Each public school shall submit to the Department a report, on the form and schedule required by the Department, on the number of incidents at the school or at a related school event that required the use of a stock bronchodilator in accordance with this section.

(2) The Department shall develop and disseminate standard forms to record each incident and report incidents requiring the use of a bronchodilator at a public school.
Md. Code, Health Occupations § 7-207 — MD Code / Article gho / Title 7 / Subtitle 2 / Section 7-207
§7–207.
Status: in_force

A person shall have the immunity from liability described under § 5-707 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
Md. Code, State Government § 7-302 — MD Code / Article gsg / Title 7 / Subtitle 3 / Section 7-302
§7–302.
Status: in_force

The purpose of this subtitle is to enable:

(1) State and local agencies to respond to requests for public records without disclosing the location of a Program participant;

(2) interagency cooperation in providing address confidentiality for Program participants;

(3) State and local agencies and private entities to accept a Program participant’s use of an address designated by the Office of the Secretary of State as a substitute address; and

(4) a Program participant to use an address designated by the Office of the Secretary of State as a substitute address.
Md. Code, Estates and Trusts § 7-102 — MD Code / Article get / Title 7 / Subtitle 1 / Section 7-102
§7–102.
Status: in_force

(a) A personal representative has a right to and shall take possession or control of the estate of the decedent, except that property in the possession of the person presumptively entitled to it as heir or legatee shall be possessed by the personal representative only when reasonably necessary for purposes of administration.

(b) The request by a personal representative for delivery of property possessed by the heir or legatee is conclusive evidence, in an action against the heir or legatee for possession, that the possession of the property by the personal representative is reasonably necessary for purposes of administration.

(c) The personal representative may maintain an action to recover possession of property or to determine its title.
Md. Code, Environment § 7-601 — MD Code / Article gen / Title 7 / Subtitle 6 / Section 7-601
§7–601.
Status: in_force

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

(b) “Extremely hazardous substance” means a substance that is defined as an extremely hazardous substance under § 329(3) of the federal Act.

(c) “Facility” means a facility that is subject to the federal Act.

(d) “Federal Act” means the federal Emergency Planning and Community Right–to–Know Act of 1986.

(e) “Fund” means the Maryland Community Right–to–Know Fund established under § 7–604 of this subtitle.

(f) “Hazardous chemical” has the meaning stated in 42 U.S.C. § 11021(e).

(g) “Local emergency planning committee”, or “LEPC”, has the meaning stated in 40 C.F.R. 355.20.

(h) “Responsible person” means an owner or operator of a facility that is required to report under the federal Act.
Md. Code, Transportation § 7-304 — MD Code / Article gtr / Title 7 / Subtitle 3 / Section 7-304
§7–304.
Status: in_force

(a) The Administration shall:

(1) Release to the public information as to any proposed transit plan or proposed amendment or revision of a transit plan; and

(2) Keep a copy of the proposal and information at its office for public inspection.

(b) (1) The Administration shall hold a public hearing on the proposed plan, revision, or amendment.

(2) The Administration shall give at least 30 days’ prior notice of the hearing. The notice shall be published once a week for 2 successive weeks in one or more newspapers of general circulation in the District. The 30-day period begins when the notice first appears in the newspaper.

(c) The Administration shall consider the evidence submitted and the comments made at the hearing. With the approval of the Secretary and without any further hearing, the Administration may make any changes in the proposed plan, amendment, or revision that it considers appropriate.
Md. Code, Housing and Community Development § 7-213 — MD Code / Article ghs / Title 7 / Subtitle 2 / Section 7-213
§7–213.
Status: in_force

An assisted household is a designated household if it includes:

(1) an individual who has been a member of the household for at least 12 months before the notice of intent is given and who:

(i) is at least 62 years old on the day that the notice of intent is given; or

(ii) qualifies as a person with disabilities under § 3(b)(3) of the United States Housing Act of 1937, 42 U.S.C. § 1437f; or

(2) a minor.
Md. Code, Public Utilities § 7-901 — MD Code / Article gpu / Title 7 / Subtitle 9 / Section 7-901
§7–901.
Status: in_force

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

(b) “EV charging network” means the total number of EV charging stations an electric company installs or maintains for public use.

(c) “EV charging station” means a connected point in an electrical wiring installation:

(1) at which current is taken to charge a battery or any other energy storage device in an electric vehicle; and

(2) capable of providing Level 2 charging.

(d) “EV Pilot Program” means the EV Pilot Program established by Public Service Commission Order No. 88997 and administered by the Commission.

(e) “Level 2 charging” means the ability to charge a battery or other energy storage device in an electric vehicle in a manner that:

(1) is capable of using an alternating current electrical service with a minimum of 208 volts; and

(2) meets applicable industry safety standards.

(f) “Underserved community” means any census tract in which, according to the most recent U.S. Census Bureau Survey:

(1) at least 25% of the residents qualify as low–income;

(2) at least 50% of the residents identify as nonwhite; or

(3) at least 15% of the residents have limited English proficiency.

(g) “Uptime” means the availability and consistency of an EV charging station in an EV charging network to successfully dispense electricity as designed, measured as a percentage of both hours and days of a calendar year.
Md. Code, Labor and Employment § 7-303 — MD Code / Article gle / Title 7 / Subtitle 3 / Section 7-303
§7–303.
Status: in_force

On receipt of an application for a license, the Commissioner shall investigate, as appropriate, to determine whether the applicant is entitled to be licensed.
Md. Code, Financial Institutions § 7-202 — MD Code / Article gfi / Title 7 / Subtitle 2 / Section 7-202
§7–202.
Status: in_force

The provisions of this subtitle do not apply to the Credit Union Insurance Corporation established under Subtitle 1 of this title.
Md. Code, Environment § 7-514 — MD Code / Article gen / Title 7 / Subtitle 5 / Section 7-514
§7–514.
Status: reserved

(a) A response action plan approval letter does not:

(1) Subject to the provisions of § 7-505 of this subtitle, prevent the Department from taking action against any person to prevent or abate an imminent and substantial endangerment to the public health or the environment at the eligible property;

(2) Remain in effect if the response action plan approval letter is obtained through fraud or a material misrepresentation;

(3) Affect the authority of the Department to take any action against any person concerning new contamination or the exacerbation of existing contamination at an eligible property after a response action plan approval letter has been issued by the Department;

(4) Affect the authority of the Department to take any action against a responsible person concerning previously undiscovered contamination at an eligible property after a response action plan approval letter has been issued by the Department;

(5) Prevent the Department from taking action against any person who is responsible for long-term monitoring and maintenance as provided in the response action plan; or

(6) Prevent the Department from taking action against any person who does not comply with conditions on the permissible use of the eligible property contained in the response action plan approval letter.

(b) A certificate of completion does not:

(1) Subject to the provisions of § 7-505 of this subtitle, prevent the Department from taking action against any person to prevent or abate an imminent and substantial endangerment to the public health or the environment at the eligible property;

(2) Remain in effect if the certificate of completion is obtained through fraud or a material misrepresentation;

(3) Affect the authority of the Department to take any action against any person concerning new contamination or exacerbation of existing contamination at an eligible property after a certificate of completion has been issued by the Department;

(4) Affect the authority of the Department to take any action against a responsible person concerning previously undiscovered contamination at an eligible property after a certificate of completion has been issued by the Department;

(5) Prevent the Department from taking action against any person who is responsible for long-term monitoring and maintenance for failure to comply with the response action plan;

(6) Prevent the Department from taking action against any person who does not comply with conditions on the permissible use of the eligible property contained in the certificate of completion; or

(7) Subject to the provisions of § 7-512 of this subtitle, prevent the Department from requiring any person to take further action if the eligible property fails to meet the applicable cleanup criteria set forth in the response action plan approved by the Department.

(c) A response action plan approval letter or a certificate of completion may be transferred to any person whose actions did not cause or contribute to the contamination.

(d) (1) If a certificate of completion is conditioned on the permissible use of the property, the participant shall provide written evidence to the Department that the certificate of completion was presented for recordation in the land records of the local jurisdiction within 60 days after receiving the certificate.

(2) If the certificate of completion has a conditioned use and the participant fails to record the certificate of completion in the land records in accordance with paragraph (1) of this subsection, the certificate of completion shall be void.

(3) (i) If a certificate of completion is conditioned on the permissible use of the property, the participant shall send a copy of the certificate of completion to a one–call system, as defined in § 12–101 of the Public Utilities Article.

(ii) Any obligation for the participant to send the information required under subparagraph (i) of this paragraph does not negate the obligation of an owner as defined under § 12–101(f) of the Public Utilities Article to become a member of the one–call system under Title 12 of the Public Utilities Article.

(e) Subject to the provisions of § 7-516(a) of this subtitle, if an owner of an eligible property that has limited permissible uses wants to change the use of the eligible property, the owner, subject to approval by the Department, is responsible for the cost of cleaning up the eligible property to the appropriate standard.

(f) The participant and any successors in interest in a property subject to a certificate of completion shall continue to be protected from liability in the event of any violation of the conditions placed on the use of the property, provided that the participant and any successors in interest did not cause or contribute to the violation.
Md. Code, Public Utilities § 7-1103 — MD Code / Article gpu / Title 7 / Subtitle 11 / Section 7-1103
§7–1103.
Status: reserved

(a) (1) (i) The Administration shall coordinate funding sources, including all available federal funding, philanthropic funding, funding available under the EmPOWER Maryland Program, and Strategic Energy Investment Fund funding allocated to energy efficiency, to assist an electric company, a gas company, or a water company in covering the costs for all behind–the–meter projects, including full electrification, associated with a thermal energy network system so that any affected residential customers are not required to pay for connection to the thermal energy network system or any appliance replacements required for electrification.

(ii) Funds from the federal Inflation Reduction Act may not exceed:

1. $14,000 per residential unit; and

2. $9,000,000 in total.

(2) (i) Unless precluded by federal law, regulation, or program requirement guidelines, the Administration shall reserve $9,000,000 of federal funding from the U.S. Department of Energy to ensure adequate funding for any appliances installed in connection with a pilot system.

(ii) Funds reserved under subparagraph (i) of this paragraph shall be allocated not later than June 30, 2028, and spent not later than June 30, 2030.

(3) The Administration shall coordinate with the Department of Housing and Community Development to provide services or funding for weatherization for all low or moderate income housing within the pilot system’s area.

(4) In providing funding made available under the federal Inflation Reduction Act of 2022 for behind–the–meter projects, the Administration shall give priority to low and moderate income housing.

(b) A gas company implementing a pilot system shall:

(1) be responsible for construction, including any necessary renovations, for behind–the–meter projects relating to any appliance or panel replacements or upgrades necessary to connect to a thermal energy network system and operate without gas;

(2) pursue all tax credits and federal funding available for front–of–meter and behind–the–meter projects; and

(3) coordinate with the Administration to access funds available under the federal Inflation Reduction Act, rebates and credits available under the EmPOWER Maryland Program, and any other available funds.

(c) (1) An electric company, a gas company, or a water company that owns and manages a pilot system shall pay for any cost not covered by the funds and tax credits specified in subsections (a) and (b) of this section.

(2) Subject to subsection (d) of this section, any costs incurred by an electric company, a gas company, or a water company after all funds and tax credits specified under subsections (a) and (b) of this section have been applied may be recovered within 1 year of incurring the costs through rate adjustments or another mechanism approved by the Commission.

(d) If an electric company, a gas company, or a water company is required to own behind–the–meter infrastructure for a specified period of time to qualify for a funding source specified under subsection (a)(1)(i) of this section:

(1) the cost associated with the behind–the–meter infrastructure shall be recovered within the specified ownership period required for the funding;

(2) the electric company, gas company, or water company shall maintain the behind–the–meter infrastructure during the specified ownership period required for the funding; and

(3) ownership of the behind–the–meter infrastructure shall transfer to the electric, gas, or water customer who the infrastructure was installed to benefit when the specified ownership period required for the funding lapses.

(e) Nothing in this section may be construed to authorize or prohibit an electric company, a gas company, or a water company from recovering costs of behind–the–meter infrastructure that does not meet the requirements of this subtitle.
Md. Code, Real Property § 7-105.15 — MD Code / Article grp / Title 7 / Subtitle 1 / Section 7-105.15
§7–105.
Status: in_force

§7–105.15.

(a) Except as provided in subsection (b) of this section, only the State may enact a law requiring a notice to be filed with a unit of government to register residential properties that are subject to foreclosure.

(b) This section does not restrict or otherwise affect the ability of a unit of government to require a registration or notice to be filed for a purpose other than one relating to foreclosure, even if a property to be identified in the registration or notice is subject to foreclosure.
Md. Code, Transportation § 7-406 — MD Code / Article gtr / Title 7 / Subtitle 4 / Section 7-406
§7–406.
Status: reserved

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

(2) “Alternative–fuel bus” means a motor vehicle that:

(i) Is designed to carry more than 10 passengers and is used to carry passengers for compensation;

(ii) Is not powered by diesel or gasoline;

(iii) Provides greenhouse gas emissions reductions in comparison to an equivalent diesel–powered vehicle; and

(iv) Is not a taxicab.

(3) “Bus” has the meaning stated in § 11–105 of this article.

(4) “Zero–emission bus” means a motor vehicle that is:

(i) Designed to carry more than 10 passengers and is used to carry passengers for compensation;

(ii) A zero–emission vehicle; and

(iii) Not a taxicab.

(5) “Zero–emission vehicle” means:

(i) A fuel cell electric vehicle that:

1. Is a motor vehicle;

2. Is made by a manufacturer;

3. Is manufactured primarily for use on public streets, roads, and highways;

4. Has a maximum speed capability of at least 55 miles per hour;

5. Is powered entirely by electricity, produced by combining hydrogen and oxygen, that runs the motor;

6. Has an operating range of at least 100 miles; and

7. Produces only water vapor and heat as by–products; or

(ii) A plug–in electric drive vehicle that:

1. Is a motor vehicle;

2. Is made by a manufacturer;

3. Has a maximum speed capability of at least 55 miles per hour; and

4. Is propelled by an electric motor that draws electricity from a battery that:

A. Has a capacity of not less than 4 kilowatt–hours; and

B. Is capable of being recharged from an external source of electricity.

(b) (1) This section applies to the Administration’s State transit bus fleet.

(2) This section does not apply to a bus that is part of a locally operated transit system.

(c) (1) Except as provided in paragraph (2) of this subsection, beginning in fiscal year 2032, the Administration may not enter into a contract to purchase buses for the Administration’s State transit bus fleet that are not zero–emission buses.

(2) If the Administration determines that a sufficient number of zero–emission buses or necessary electric vehicle supply equipment that meets the Administration’s performance and contractual requirements are not commercially available in a particular year, the Administration may purchase an alternative–fuel bus for that use, including hybrid buses, to ensure that an appropriate number of buses are purchased each year to maintain the State transit bus fleet.

(3) The full cost of zero–emission and alternative–fuel buses purchased under this subsection shall be paid from the Transportation Trust Fund or bonds backed by future federal aid consistent with this section and § 3–601 of this article.

(d) (1) The Administration shall provide safety and workforce development training for its:

(i) Operations training workforce; and

(ii) Maintenance workforce in a manner that enables the maintenance workforce to safely repair and maintain:

1. The Administration’s zero–emission buses and all their components; and

2. The charging infrastructure for the zero–emission buses.

(2) The training required under paragraph (1) of this subsection shall include registered apprenticeships and other labor–management training programs to address the impact of the transition to zero–emission buses on the Administration’s workforce.

(e) The Administration shall ensure the development of charging infrastructure to support the operation of zero–emission buses in the State transit bus fleet.

(f) (1) On or before January 1, 2022, and each January 1 thereafter, the Administration shall, in accordance with § 2–1257 of the State Government Article, submit a report to the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Environment and Transportation Committee on the implementation of this section.

(2) The annual report shall include:

(i) A schedule for converting the Administration’s State transit bus fleet to zero–emission buses;

(ii) An evaluation of the charging infrastructure needed for the Administration to create and maintain a State transit bus fleet of zero–emission buses;

(iii) A plan for:

1. Transitioning any State employees adversely affected by the conversion from a diesel–powered State transit bus fleet to a zero–emission State transit bus fleet to similar or other employment within the Administration or Department that has commensurate seniority, pay, and benefits;

2. Ensuring that no duties or functions of State employees are transferred to a contracting entity as a result of the conversion from a diesel–powered State transit bus fleet to a zero–emission State transit bus fleet; and

3. Ensuring that any entity other than the Administration that operates or maintains zero–emission buses on behalf of the Administration provides employee protections equivalent to the protections required by the plan;

(iv) A certification that the Administration is adhering to the plan required under item (iii) of this paragraph;

(v) In coordination with other appropriate State agencies, an estimate of the reduction in the amount of carbon dioxide emissions, measured in pounds, that will be obtained through the use of zero–emission buses each year until the State transit bus fleet is converted to zero–emission buses; and

(vi) A financial analysis:

1. Of the projected cost of purchasing, maintaining, and providing charging infrastructure for the zero–emission State transit bus fleet each year until the fleet is converted to zero–emission buses; and

2. Comparing the projected cost under item 1 of this item to the projected cost of continuing to operate a diesel–powered State transit bus fleet.
Md. Code, Public Utilities § 7-308 — MD Code / Article gpu / Title 7 / Subtitle 3 / Section 7-308
§7–308.
Status: in_force

(a) In this section, “natural gas vehicle” means a vehicle operated on a public road and powered by natural gas.

(b) The sale by any person of natural gas that is received from a public service company for use as a motor fuel in a natural gas vehicle is not subject to regulation by the Commission.

(c) A person that sells natural gas received from a public service company for use as a motor fuel in a natural gas vehicle is not considered a public service company for purposes of this article.
Md. Code, Human Services § 7-708 — MD Code / Article ghu / Title 7 / Subtitle 7 / Section 7-708
§7–708.
Status: in_force

Any organization or agency that requires a professional training program for the following individuals shall include a segment concerning the rights of individuals with disabilities who are accompanied by service animals:

(1) first responders;

(2) emergency shelter operators; and

(3) 9–1–1 operators.
Md. Code, Public Utilities § 7-504 — MD Code / Article gpu / Title 7 / Subtitle 5 / Section 7-504
§7–504.
Status: in_force

The General Assembly finds and declares that the purpose of this subtitle is to:

(1) establish customer choice of electricity supply and electricity supply services;

(2) create competitive retail electricity supply and electricity supply services markets;

(3) deregulate the generation, supply, and pricing of electricity;

(4) provide economic benefits for all customer classes; and

(5) ensure compliance with federal and State environmental standards.
Md. Code, Real Property § 7-105.6 — MD Code / Article grp / Title 7 / Subtitle 1 / Section 7-105.6
§7–105.
Status: in_force

§7–105.6.

(a) Absent a provision to the contrary in a mortgage or note secured by a deed of trust, in the enumerated counties, the interest provided in a mortgage or note secured by a deed of trust is payable for the time period provided in subsection (b) of this section or until the audit of the sale is ratified, whichever occurs first.

(b) Under subsection (a) of this section, the time period following sale is:

(1) 60 days in Calvert, Cecil, Frederick, Garrett, Kent, Queen Anne’s, Talbot, Caroline, Charles, and St. Mary’s counties; and

(2) 180 days in Worcester County.
Md. Code, Transportation § 7-506 — MD Code / Article gtr / Title 7 / Subtitle 5 / Section 7-506
§7–506.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, until a public hearing is held on the matter, the Administration may not:

(i) Fix or revise any fare or rate charged the general public;

(ii) Establish or abandon any bus or rail route listed on a published timetable;

(iii) Change a bus or rail route alignment listed on a published timetable, unless the change is needed because of temporary construction or changes in the road network;

(iv) Reduce the frequency, number of days, or days of service for a commuter bus or commuter rail route without substituting a comparable level of service, unless the reduction is temporary or a result of:

1. A natural disaster;

2. Weather or other emergency conditions;

3. Schedule adjustments required by a third party that operates service on the same right–of–way; or

4. Other circumstances beyond the control of the Administration; or

(v) Establish or abandon a rail transit station.

(2) The Administration may only implement a change described in paragraph (1) of this subsection during the time period that begins 6 weeks after the public hearing and ends 6 months after the public hearing.

(3) (i) If the Administration gives inadequate or defective notice of a public hearing on a change described in paragraph (1) of this subsection, the Administration may not implement the change unless the Administration makes a reasonable effort to correct the inadequacy or defect and a legally sufficient public hearing is held.

(ii) For the purposes of this paragraph, notice shall be considered inadequate or defective if:

1. The Administration does not comply with the newspaper publication requirements under subsection (d) of this section;

2. The Administration does not comply with the notice requirements for affected jurisdictions prescribed under subsection (d) of this section;

3. At least 30% of the Administration’s facilities are not posted as required under subsection (d) of this section; or

4. The notice contains erroneous information.

(4) A public hearing required under paragraph (1) of this subsection shall be at a place and time that is reasonably accessible and convenient to the patrons of the service to be affected.

(5) The Administration shall accept written comments for 30 days after a hearing held on a change described in paragraph (1) of this subsection.

(b) The Administration may add service on a new alignment branching off of an existing route without holding a public hearing, if the addition of the new alignment does not alter the existing route.

(c) (1) The following persons may request the Administration to hold a hearing on any rentals, rates, fares, fees, or other charges of the Administration or any service rendered by the transit facilities owned or controlled by the Administration:

(i) Any person served by or using the transit facilities;

(ii) The People’s Counsel, as a representative of the general public; and

(iii) Any private carrier operating in the District.

(2) The request for a hearing shall:

(i) Be in writing;

(ii) State the matter sought to be heard; and

(iii) Set forth clearly the grounds for the request.

(3) As soon as possible after the Administration receives a request for a hearing, a designated employee of the Administration shall confer on the matter with the person requesting the hearing. After the conference, if the Administration considers the matter meritorious and of general significance, it may call a hearing.

(d) (1) The Administration shall give at least a 30–day notice before a hearing.

(2) The notice shall be:

(i) Published once a week for 2 successive weeks in two or more newspapers of daily circulation throughout the District;

(ii) Posted in all of the Administration’s offices, stations, and terminals and all of the vehicles and rolling stock used in revenue service by the mode of transportation that will be affected by the proposed action described in subsection (a) of this section; and

(iii) Provided to the governing body of each county or municipal corporation affected by a change in transit service or fare or rate described under subsection (a)(1) of this section.

(3) The Administration may establish a process for providing notice to local governments under paragraph (2)(iii) of this subsection.

(4) The 30–day period begins when the notice first appears in the newspaper.

(e) Before calling a hearing under this section, the Administration shall file at its main office and make available for public inspection:

(1) Its report on the subject matter of the hearing; and

(2) If the hearing was requested under subsection (c) of this section, the written request for the hearing and all documents filed in support of it.
Md. Code, Public Utilities § 7-529 — MD Code / Article gpu / Title 7 / Subtitle 5 / Section 7-529
§7–529.
Status: in_force

The Commission shall make a final decision on the issuance of a qualified rate order under this part no later than 60 days after the electric company files its request for the qualified rate order.
Md. Code, Education § 7-433 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-433
§7–433.
Status: in_force

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

(2) “Concussion” means a traumatic injury to the brain causing an immediate and, usually, short–lived change in mental status or an alteration of normal consciousness resulting from:

(i) A fall;

(ii) A violent blow to the head or body; or

(iii) The shaking or spinning of the head or body.

(3) “Youth sports program” means a program organized for recreational athletic competition or instruction for participants who are under the age of 19 years.

(b) (1) The Department shall develop policies and implement a program to provide awareness to coaches, school personnel, students, and the parents or guardians of students, in collaboration with the Maryland Department of Health, each county board, the Maryland Public Secondary Schools Athletic Association, the Maryland Athletic Trainers’ Association, the Brain Injury Association of Maryland, and representatives of licensed health care providers who treat concussions, on:

(i) The nature and risk of a concussion or head injury;

(ii) The criteria for removal from and return to play;

(iii) The risks of not reporting injury and continuing to play; and

(iv) Appropriate academic accommodations for students diagnosed as having sustained a concussion or head injury.

(2) The program shall include a process to verify that a coach has received information on the program developed under paragraph (1) of this subsection.

(3) (i) Before a student enrolled in a public school system in the State may participate in an authorized interscholastic athletic activity, the county board shall provide a concussion and head injury information sheet to the student and a parent or guardian of the student.

(ii) The student and the parent or guardian of the student shall sign a statement acknowledging receipt of the information sheet.

(iii) The Department shall create the information sheet and acknowledgment statement required under this paragraph.

(4) The Department may use materials available from the Centers for Disease Control and Prevention, the Brain Injury Association of Maryland, or any other appropriate entity to carry out the requirements of this subsection.

(c) (1) A student who is suspected of sustaining a concussion or other head injury in a practice or game shall be removed from play at that time.

(2) A student who has been removed from play may not return to play until the student has obtained written clearance from a licensed health care provider trained in the evaluation and management of concussions.

(d) (1) Before an individual participates in an authorized athletic activity on school property, the county board shall provide, or require that a third party provide:

(i) Information on concussions and head injuries to the individual and, if applicable, a parent or guardian of the individual; and

(ii) Notice that acknowledgment of the receipt of the information by the individual and, if applicable, the parent or guardian of the individual, is required.

(2) The information required under paragraph (1) of this subsection shall be in the form of:

(i) A separate information sheet; or

(ii) A notice on the registration form for a youth sports program stating that information on concussion and head injury is available, including directions on how to receive the information electronically.

(3) The individual and, if applicable, the parent or guardian of the individual shall:

(i) Acknowledge receipt of the information by:

1. Signature;

2. Checking an acknowledgment box on the registration form; or

3. Another method of written or electronic acknowledgment; and

(ii) Return the acknowledgment to the county board or third party.

(e) A youth sports program that uses a public school facility shall provide annually to the county board or the board’s agent a statement of intent to comply for all of its athletic activities with the requirements for the management of a concussion or other head injury of a participant under this section.
Md. Code, Public Utilities § 7-1220 — MD Code / Article gpu / Title 7 / Subtitle 12 / Section 7-1220
§7–1220.
Status: in_force

(a) In this section, “zero–emission credit” means the difference between the price that a nuclear energy generating station with a long–term pricing schedule approved in an order issued under § 7–1217 of this subtitle may receive on the wholesale market and the cost of constructing the nuclear energy generating station.

(b) The Commission shall adopt regulations that:

(1) establish the nuclear energy long–term pricing purchase obligation sufficiently in advance to allow an electric company to reflect nuclear energy long–term pricing costs as a nonbypassable surcharge that is added to the electric company’s base distribution rate on customer bills;

(2) define rules that facilitate and ensure the secure and transparent transfer of revenues and long–term pricing payments among parties;

(3) define the terms and procedures of the nuclear energy long–term pricing schedule obligations, including:

(i) establishing a formula and process to adjust the value of the long–term pricing schedule every 2 years based on projected wholesale market prices adjusted by the locational value and earning potential in the PJM region of the nuclear energy generating station; and

(ii) establishing a per megawatt hour cap on any long–term pricing schedule specified in an order issued under § 7–1217 of this subtitle;

(4) require the Commission to establish an escrow account; and

(5) to meet the total statewide long–term pricing purchase obligation for all applications approved in an order issued under § 7–1217 of this subtitle, require the Commission to annually establish each electric company’s zero–emission credit purchase obligation based on the most recent final electricity sales data as reported by PJM Interconnection and measured at the customer’s meter in proportion to the electric company’s share of statewide load.

(c) (1) Each electric company shall procure from the escrow account established by regulation under this section a quantity of zero–emission credits equal to the electric company’s respective percentage of retail electric sales each year.

(2) Subject to any escrow account reserve requirement the Commission establishes, if there are insufficient zero–emission credits available to satisfy the electric companies’ zero–emission credit purchase obligations, the overpayment shall be distributed to electric companies to be refunded or credited to each distribution customer based on the customer’s consumption of electricity supply that is subject to the renewable energy portfolio standard.

(d) A debt, an obligation, or a liability of a nuclear energy generation project or of an owner or operator of a nuclear energy generation project may not be considered a debt, an obligation, or a liability of the State.
Md. Code, Education § 7-910 — MD Code / Article ged / Title 7 / Subtitle 9 / Section 7-910
§7–910.
Status: in_force

§7–910. IN EFFECT

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

(2) “Digital tool” means:

(i) An online platform;

(ii) An online course;

(iii) Information and communication technology services, including software and operating systems, that are directly connected to student instruction;

(iv) Digital content; or

(v) Other digital technologies not requiring sight in an equally effective and integrated manner.

(3) (i) “Equivalent access” means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology, including by nonvisual means, so that a student with disabilities can access the same services as a student without disabilities with substantially equivalent ease of use.

(ii) “Equivalent access” includes:

1. Keyboard controls used for input and synthesized speech;

2. Braille; and

3. Other audible or tactile means used for output.

(4) “Nonvisual access” means the ability to receive, use, and manipulate information and operate controls necessary to access information and communications technology through keyboard controls, synthesized speech, braille, or other methods not requiring sight.

(a–1) Beginning with the 2025–2026 school year through the 2027–2028 school year, this section does not apply to the procurement and use of a digital tool that utilizes artificial intelligence, as defined in § 3.5–801 of the State Finance and Procurement Article, to support student learning.

(b) (1) The State Superintendent and the Secretary of Disabilities jointly shall ensure that specifications used in all grants and procurement contracts for digital tools require equivalent access for students with disabilities, including blindness, in accordance with the technical standards for electronic and information technology issued under subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2).

(2) Specifications used in all grants and procurement contracts for digital tools shall give primary consideration to the pedagogical value of the digital tools.

(c) (1) Invitations for bids, requests for proposals, procurement contracts, grants, or modifications to contracts or grants issued by the State or any local school system shall include notice of the equivalent access requirement whenever funds awarded may be used to develop or obtain digital tools.

(2) (i) Beginning September 1, 2023, an invitation for bids or request for proposals for a digital tool issued by the State Board or a local school system shall require a vendor to submit an accessibility conformance report that includes a Voluntary Product Accessibility Template.

(ii) The accessibility conformance report required in subparagraph (i) of this paragraph shall explain how information and communication technology products, including software, electronic content, and support documentation, conform to the most recent Section 508 standards for information technology accessibility under the federal Rehabilitation Act of 1973.

(3) (i) A local school system shall establish a process to evaluate a digital tool being considered for development or purchase for conformity with the requirements of this section.

(ii) The evaluation process established under subparagraph (i) of this paragraph shall include evaluation of the digital tool for equivalent access and nonvisual access by an employee or a contractor of the local school system who:

1. Specializes in accessibility and Web Content Accessibility Guidelines; or

2. Is a blindness specialist who is knowledgeable in accessibility.

(4) A procurement contract for a digital tool shall require a vendor to indemnify the State Board or a local school system for liability and costs arising from the failure of the digital tool to meet the requirements of this section.

(5) Except as provided in subsection (e)(2) of this section, the State Board or a local school system may not approve a procurement contract for a digital tool that fails to meet the requirements of this section.

(d) The State and each local school system shall also ensure that the equivalent access standards are included in guidelines used for design specifications for and evaluation and selection of digital tools.

(e) (1) (i) Following an evaluation of digital tools, the State or local school system shall, from among digital tools that offer pedagogical value, prioritize the available product that best meets the specifications and has the greatest functionality for equivalent access for students with disabilities, including blindness.

(ii) Beginning October 1, 2024, following an evaluation of digital tools, a local school system shall select, from among the available products that offer pedagogical value, the available product that best meets the equivalent access standards and has the greatest functionality for equivalent access for students with disabilities, including blindness.

(2) (i) If a local school system determines that a product that meets the equivalent access standards is not available, or if obtaining an available product would fundamentally alter the nature of the instructional activity or would result in an undue burden, the local school system shall notify the Department.

(ii) After the Department receives a notice under subparagraph (i) of this paragraph, the Department shall consult with the Department of Information Technology and the Department of Disabilities to determine how to proceed.

(iii) If, after the consultation process, the Department determines that there is an available product that meets the equivalent access standard, a local school system shall obtain that product.

(iv) If, after the consultation process, the Department determines that there is no available product that meets the equivalent access standards, a local school system may, with the Department’s approval, obtain a product that does not meet the equivalent access standards but provides the best equivalent functionality.

(f) (1) A digital tool developed or purchased by a county board for use by the local school system shall include specifications for access for students with disabilities, including nonvisual access, in accordance with the technical standards for electronic and information technology issued under:

(i) Subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973; or

(ii) Any other widely accepted and freely available technical standard.

(2) A local school system shall provide a student with disabilities access to digital tools that:

(i) Provide equivalent access to and are independently usable by a student with disabilities; and

(ii) Enable a student with disabilities to acquire the same information, participate in the same interactions, and access the same services as a student without disabilities, with substantially equivalent ease of use.

(g) (1) (i) If a local school system finds that a digital tool fails to meet the equivalent access standards under subsection (f) of this section, including nonvisual access, within 18 months after development or purchase of the digital tool, the local school system shall send a written notice to the vendor of the vendor’s failure to comply with the equivalent access standards required under the procurement contract.

(ii) On receipt of notice from a local school system under subparagraph (i) of this paragraph, a vendor, at the vendor’s expense, shall modify the digital tool to meet the required equivalent access standards within a time frame agreed on by the local school system and the vendor.

(2) A vendor that fails to meet the equivalent access standards in accordance with paragraph (1)(ii) of this subsection:

(i) Is subject to a civil penalty of:

1. For a first offense, a fine not exceeding $5,000; or

2. For a subsequent offense, a fine not exceeding $10,000; and

(ii) Shall indemnify the State Board or county board for liability resulting from the use of a digital tool that fails to meet the equivalent access standards under subsection (f) of this section, including nonvisual access.

(h) (1) If digital tools are provided to a student without a disability and not to a student with a disability, the State or local school system shall implement an alternative method of instruction, including use of other digital tools, if available, designed to enable a student with a disability to achieve the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation Act of 1973.

(2) An online platform, online content, website, web service, webpage, educational resource product, or online curriculum developed or purchased by a county board that is made available to enrolled students of the local school system or online to the public shall comply with the most recent version of the World Wide Web Consortium’s Web Content Accessibility Guidelines.

(i) (1) On or before October 1, 2023, and each October 1 thereafter, each local school system shall submit a report to the Department on the accessibility of the digital tools the local school system developed or purchased for use during the immediately preceding fiscal year.

(2) The Department shall compile the information received under paragraph (1) of this subsection and make the information available on the Department’s website, including the status of the accessibility of the digital tools used in each local school system.

(j) The Department shall:

(1) Monitor compliance with the requirements for accessibility of digital tools under COMAR 13A.06.05;

(2) Annually update the requirements for accessibility of digital tools under COMAR 13A.06.05; and

(3) On or before December 31 each year, report its findings to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

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

(2) “Digital tool” means:

(i) An online platform;

(ii) An online course;

(iii) Information and communication technology services, including software and operating systems, that are directly connected to student instruction;

(iv) Digital content; or

(v) Other digital technologies not requiring sight in an equally effective and integrated manner.

(3) (i) “Equivalent access” means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology, including by nonvisual means, so that a student with disabilities can access the same services as a student without disabilities with substantially equivalent ease of use.

(ii) “Equivalent access” includes:

1. Keyboard controls used for input and synthesized speech;

2. Braille; and

3. Other audible or tactile means used for output.

(4) “Nonvisual access” means the ability to receive, use, and manipulate information and operate controls necessary to access information and communications technology through keyboard controls, synthesized speech, braille, or other methods not requiring sight.

(b) (1) The State Superintendent and the Secretary of Disabilities jointly shall ensure that specifications used in all grants and procurement contracts for digital tools require equivalent access for students with disabilities, including blindness, in accordance with the technical standards for electronic and information technology issued under subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794d(a)(2).

(2) Specifications used in all grants and procurement contracts for digital tools shall give primary consideration to the pedagogical value of the digital tools.

(c) (1) Invitations for bids, requests for proposals, procurement contracts, grants, or modifications to contracts or grants issued by the State or any local school system shall include notice of the equivalent access requirement whenever funds awarded may be used to develop or obtain digital tools.

(2) (i) Beginning September 1, 2023, an invitation for bids or request for proposals for a digital tool issued by the State Board or a local school system shall require a vendor to submit an accessibility conformance report that includes a Voluntary Product Accessibility Template.

(ii) The accessibility conformance report required in subparagraph (i) of this paragraph shall explain how information and communication technology products, including software, electronic content, and support documentation, conform to the most recent Section 508 standards for information technology accessibility under the federal Rehabilitation Act of 1973.

(3) (i) A local school system shall establish a process to evaluate a digital tool being considered for development or purchase for conformity with the requirements of this section.

(ii) The evaluation process established under subparagraph (i) of this paragraph shall include evaluation of the digital tool for equivalent access and nonvisual access by an employee or a contractor of the local school system who:

1. Specializes in accessibility and Web Content Accessibility Guidelines; or

2. Is a blindness specialist who is knowledgeable in accessibility.

(4) A procurement contract for a digital tool shall require a vendor to indemnify the State Board or a local school system for liability and costs arising from the failure of the digital tool to meet the requirements of this section.

(5) Except as provided in subsection (e)(2) of this section, the State Board or a local school system may not approve a procurement contract for a digital tool that fails to meet the requirements of this section.

(d) The State and each local school system shall also ensure that the equivalent access standards are included in guidelines used for design specifications for and evaluation and selection of digital tools.

(e) (1) (i) Following an evaluation of digital tools, the State or local school system shall, from among digital tools that offer pedagogical value, prioritize the available product that best meets the specifications and has the greatest functionality for equivalent access for students with disabilities, including blindness.

(ii) Beginning October 1, 2024, following an evaluation of digital tools, a local school system shall select, from among the available products that offer pedagogical value, the available product that best meets the equivalent access standards and has the greatest functionality for equivalent access for students with disabilities, including blindness.

(2) (i) If a local school system determines that a product that meets the equivalent access standards is not available, or if obtaining an available product would fundamentally alter the nature of the instructional activity or would result in an undue burden, the local school system shall notify the Department.

(ii) After the Department receives a notice under subparagraph (i) of this paragraph, the Department shall consult with the Department of Information Technology and the Department of Disabilities to determine how to proceed.

(iii) If, after the consultation process, the Department determines that there is an available product that meets the equivalent access standard, a local school system shall obtain that product.

(iv) If, after the consultation process, the Department determines that there is no available product that meets the equivalent access standards, a local school system may, with the Department’s approval, obtain a product that does not meet the equivalent access standards but provides the best equivalent functionality.

(f) (1) A digital tool developed or purchased by a county board for use by the local school system shall include specifications for access for students with disabilities, including nonvisual access, in accordance with the technical standards for electronic and information technology issued under:

(i) Subsection (a)(2) of Section 508 of the federal Rehabilitation Act of 1973; or

(ii) Any other widely accepted and freely available technical standard.

(2) A local school system shall provide a student with disabilities access to digital tools that:

(i) Provide equivalent access to and are independently usable by a student with disabilities; and

(ii) Enable a student with disabilities to acquire the same information, participate in the same interactions, and access the same services as a student without disabilities, with substantially equivalent ease of use.

(g) (1) (i) If a local school system finds that a digital tool fails to meet the equivalent access standards under subsection (f) of this section, including nonvisual access, within 18 months after development or purchase of the digital tool, the local school system shall send a written notice to the vendor of the vendor’s failure to comply with the equivalent access standards required under the procurement contract.

(ii) On receipt of notice from a local school system under subparagraph (i) of this paragraph, a vendor, at the vendor’s expense, shall modify the digital tool to meet the required equivalent access standards within a timeframe agreed on by the local school system and the vendor.

(2) A vendor that fails to meet the equivalent access standards in accordance with paragraph (1)(ii) of this subsection:

(i) Is subject to a civil penalty of:

1. For a first offense, a fine not exceeding $5,000; or

2. For a subsequent offense, a fine not exceeding $10,000; and

(ii) Shall indemnify the State Board or county board for liability resulting from the use of a digital tool that fails to meet the equivalent access standards under subsection (f) of this section, including nonvisual access.

(h) (1) If digital tools are provided to a student without a disability and not to a student with a disability, the State or local school system shall implement an alternative method of instruction, including use of other digital tools, if available, designed to enable a student with a disability to achieve the same instructional outcomes consistent with the student’s IEP Plan, as defined in § 8–408 of this article, or the student’s 504 Plan, as provided under the federal Rehabilitation Act of 1973.

(2) An online platform, online content, website, web service, webpage, educational resource product, or online curriculum developed or purchased by a county board that is made available to enrolled students of the local school system or online to the public shall comply with the most recent version of the World Wide Web Consortium’s Web Content Accessibility Guidelines.

(i) (1) On or before October 1, 2023, and each October 1 thereafter, each local school system shall submit a report to the Department on the accessibility of the digital tools the local school system developed or purchased for use during the immediately preceding fiscal year.

(2) The Department shall compile the information received under paragraph (1) of this subsection and make the information available on the Department’s website, including the status of the accessibility of the digital tools used in each local school system.

(j) The Department shall:

(1) Monitor compliance with the requirements for accessibility of digital tools under COMAR 13A.06.05;

(2) Annually update the requirements for accessibility of digital tools under COMAR 13A.06.05; and

(3) On or before December 31 each year, report its findings to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Health - General § 7-507 — MD Code / Article ghg / Title 7 / Subtitle 5 / Section 7-507
§7–507.
Status: in_force

(a) Subject to the limitations in this section, a petition for the release of an individual who is held under this subtitle from a State residential center may be filed, at any time, by:

(1) The individual; or

(2) Any person who has a legitimate interest in the welfare of the individual.

(b) The petition shall be filed in a circuit court for the county:

(1) Where the individual resides or resided at the time of the admission; or

(2) Where the State residential center is located.

(c) The Administration shall be the respondent in a petition under this section.

(d) The petition shall be in the form and contain the information that the Maryland Rules require.

(e) If the petitioner requests trial by jury, the trial shall be held with a jury as in a civil action at law.

(f) The trier of fact shall determine:

(1) Whether the individual has an intellectual disability;

(2) Whether for adequate habilitation, the individual needs residential services; and

(3) Whether there is a less restrictive setting in which the needed services can be provided that is available to the individual or will be available to the individual within a reasonable time.

(g) (1) The court shall remand the individual to the custody of the State residential center, if the trier of fact determines that:

(i) The individual has an intellectual disability;

(ii) For adequate habilitation the individual needs residential services; and

(iii) There is no less restrictive setting in which those services needed can be provided and which is available to the individual or will be available to the individual within a reasonable time.

(2) The court shall order that appropriate less restrictive services be offered to an individual, if the trier of fact determines that:

(i) The individual has an intellectual disability;

(ii) For adequate habilitation the individual needs residential services; and

(iii) There is a less restrictive setting in which the service can be provided, and which from evidence submitted by the Director is available or will be available to the individual within a reasonable time.

(3) The individual shall be released from the State residential center, if the trier of fact determines that:

(i) The individual does not have an intellectual disability;

(ii) For adequate habilitation the individual does not need residential services; or

(iii) There is a less restrictive setting in which the needed services can be provided that is available to the individual or will be available to the individual within a reasonable time.

(h) Any party may appeal from a decision on the petition as in any other civil case.

(i) Appropriate records of the proceeding under this section shall be made a permanent part of the individual’s record.

(j) (1) After a determination on the merits of a petition under this section, a court may not hear a later petition for the individual within 1 year after that determination, unless:

(i) The petition is verified, and alleges an improvement in the condition of the individual with an intellectual disability after the determination; and

(ii) The court, after review of the verified petition, determines that the matter should be reopened.

(2) If the matter is reopened, the petition shall be heard as provided in this section.
Md. Code, Financial Institutions § 7-108 — MD Code / Article gfi / Title 7 / Subtitle 1 / Section 7-108
§7–108.
Status: in_force

(a) In the election of directors and in voting on any other matter at a meeting of the members of the Corporation, each member has one vote, to be cast by its delegate.

(b) A delegate may not vote on behalf of more than one member.

(c) A majority of the votes cast is sufficient to elect directors or decide any questions voted on by the members.
Md. Code, Correctional Services § 7-303 — MD Code / Article gcs / Title 7 / Subtitle 3 / Section 7-303
§7–303.
Status: in_force

(a) Before any hearing on parole release, the Commission shall give the incarcerated individual adequate and timely written notice of:

(1) the date, time, and place of the hearing; and

(2) the factors that the Commission or hearing examiner will consider in determining whether the incarcerated individual is suitable for parole.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, the notice also shall indicate that, before the hearing, the incarcerated individual or the incarcerated individual’s representative may, on request, examine any document that the Commission or hearing examiner will use in determining whether the incarcerated individual is suitable for parole.

(ii) A document, or a portion of it, is not available for examination, if the Commission determines that:

1. the document or portion contains a diagnostic opinion;

2. the incarcerated individual’s knowledge of the document or portion would disrupt seriously a program of rehabilitation;

3. the document or portion contains sources of information obtained on a promise of confidentiality; or

4. the document or portion is otherwise privileged.

(iii) If the Commission determines that a document or a portion of it is not available for examination, the Commission shall notify the incarcerated individual that:

1. the document or portion is not available for examination; and

2. on request and if appropriate, the Commission will provide the incarcerated individual or the incarcerated individual’s representative with the substance of any information contained in the document or portion.

(2) The Commission shall delete the address and phone number of the victim or the victim’s designated representative from a document before the incarcerated individual or the incarcerated individual’s representative examines the document.
Md. Code, Criminal Law § 7-308 — MD Code / Article gcr / Title 7 / Subtitle 3 / Section 7-308
§7–308.
Status: reserved

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

(2) “Deliver” means to sell, rent, distribute, or circulate.

(3) “Performance” includes a live performance and a performance that is transmitted by wire, radio, or television.

(4) “Recorded article” means a phonograph record, disc, wire, tape, film, videocassette, or other article on which sounds are recorded or otherwise stored.

(b) (1) This subsection applies only to sound recordings initially fixed before February 15, 1972.

(2) Except as otherwise provided in this section, a person may not knowingly transfer or cause to be transferred any sounds recorded on a recorded article to any other recorded article:

(i) with the intent to sell or cause to be sold for profit or used to promote the sale of any product; and

(ii) without the consent of the owner of the original fixation of sounds embodied in the master recorded article.

(c) Except as otherwise provided in this section, a person may not knowingly deliver, offer for delivery, possess for delivery, cause to be delivered, cause to be offered for delivery, or cause to be possessed for delivery a recorded article or device:

(1) on which sounds have been transferred without the consent of the owner of the original fixation of sounds embodied in the master recorded article; or

(2) embodying a performance without the consent of the performer.

(d) (1) Except as otherwise provided in this section, a person may not knowingly transfer to or cause to be transferred to a recorded article on which sounds or images have been transferred or stored any performance:

(i) with the intent to sell or cause to be sold for profit or used to promote the sale of any product; and

(ii) without the consent of the performer.

(2) A person may not knowingly deliver, offer for delivery, or possess for the purpose of delivery a recorded article on which sounds or images have been transferred or stored, unless the recorded article bears in a prominent place on its outside face or package:

(i) the actual name and street address of the transferor of the sounds or images; and

(ii) the actual name of the performer or group.

(e) Except in the lobby area of a motion picture theater, a person may not knowingly operate an audiovisual recording function of a device in a motion picture theater without the consent of the owner or lessee of the theater.
Md. Code, State Finance and Procurement § 7-226 — MD Code / Article gsf / Title 7 / Subtitle 2 / Section 7-226
§7–226.
Status: in_force

Subject to the limitations in this Part IV of this subtitle and any other law, the Treasurer, the Chief Deputy Treasurer, or a deputy treasurer may disburse money from the State Treasury in accordance with a warrant.
Md. Code, Education § 7-704 — MD Code / Article ged / Title 7 / Subtitle 7 / Section 7-704
§7–704.
Status: in_force

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

(2) “Program” means the Maryland Meals for Achievement In–Classroom Breakfast Program.

(3) “Secondary schools” includes middle schools and high schools.

(b) (1) There is a school breakfast program in the State, known as the Maryland Meals for Achievement In–Classroom Breakfast Program.

(2) The Program is a joint effort of the Department and the county boards or sponsoring agencies for eligible nonpublic schools.

(c) (1) The purpose of the Program is to provide funding for a school that makes an in–classroom breakfast available to all students in the school.

(2) The funding is intended to complement the funding received by a school from the federal government for a school breakfast program.

(d) The Department shall:

(1) Develop an application form for a school that desires to participate in the Program;

(2) Ensure that the schools that participate in the Program represent geographic and socioeconomic balance statewide;

(3) Subject to subsection (e) of this section, ensure that a school that participates in the Program is a school at which at least 40% of the registered students are eligible for the federal free or reduced price meal program;

(4) Select schools to participate in the Program, ensuring that an annual evaluation of the Program is conducted by the Department;

(5) Annually review and set the meal reimbursement rate for schools that participate in the Program to complement the federal meal reimbursement rate determined under § 7–703 of this subtitle; and

(6) Disburse the Program funds to the county board or the sponsoring agency.

(e) (1) If a school that participates in the Program has less than 40% of the registered students eligible for the federal free or reduced price meal plan, the school shall remain eligible to participate in the Program for 1 year.

(2) If, after 1 year, the school’s percent of registered students eligible for the federal free or reduced price meal plan is less than 40%, the school is no longer eligible to participate in the Program.

(f) A county board or a sponsoring agency for an eligible nonpublic school shall:

(1) Apply to the Department for funds for schools within the jurisdiction of the board or for schools that are under the sponsoring agency that:

(i) Are eligible to participate in the Program; and

(ii) Apply to the board or to the sponsoring agency to participate in the Program; and

(2) Submit an annual report to the Department on the Program, including the manner in which the funds have been expended.

(g) A school that participates in the Program shall:

(1) Implement an in–classroom breakfast program in which all students in the school may participate regardless of family income;

(2) Serve a breakfast that meets the guidelines of the Department and the nutritional standards of the United States Department of Agriculture for schools that participate in the federal school breakfast program;

(3) Except as provided in subsection (h) of this section, serve the breakfast in the classroom after the arrival of students to the school;

(4) Collect the data that the county board or the sponsoring agency and the Department require from participants in the Program; and

(5) Submit an annual report to the county board or the sponsoring agency.

(h) (1) Secondary schools may serve breakfast in any broadly accessible part of the school, including from “Grab and Go” carts after the arrival of students to the school.

(2) If approved by the Department and the applicable county board, elementary schools may serve breakfast in any broadly accessible part of the school, including from “Grab and Go” carts after the arrival of students to the school, provided that students are allowed to consume the meal in the classroom after the start of the school day.

(i) The employee organization that is the exclusive representative of the certificated public school employees of a county board and the employee organization that is the exclusive representative of the noncertificated employees of a county board and the county board shall negotiate the terms of the participation of the employees in the Program.

(j) The Governor shall include in the annual budget bill an appropriation of $12,050,000 to the Program.
Md. Code, State Personnel and Pensions § 7-208 — MD Code / Article gsp / Title 7 / Subtitle 2 / Section 7-208
§7–208.
Status: in_force

(a) The appointing authority shall:

(1) based on appropriate standards, place the candidates within the following categories:

(i) best qualified;

(ii) better qualified;

(iii) qualified;

(iv) unsatisfactory;

(v) certified by the Division of Rehabilitation Services;

(vi) eligible for reinstatement after layoff or after a separation under § 11-302 of this article;

(vii) eligible for reinstatement; or

(viii) eligible for transfer; and

(2) place the candidates on a list of eligible candidates by category in random order within the category except for candidates eligible for reinstatement after layoff or separation under § 11-302 of this article who shall be placed in that category in seniority point order.

(b) On request, an appointing authority shall notify eligible candidates of their relative standing on the list of eligible candidates.

(c) (1) The appointing authority shall file the list of eligible candidates with the Department for use by other agencies requesting it; or

(2) if the Department develops a list of eligible candidates, the Department shall send the list to the appropriate appointing authorities, on request, in accordance with regulations adopted by the Secretary.
Md. Code, Public Utilities § 7-223 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-223
§7–223.
Status: in_force

(a) On or before January 1, 2025, and on or before January 1 every 3 years, starting in 2027, the Commission shall, by regulation or order, require each electric company and each gas company subject to § 7–222(a) of this subtitle to develop and implement a plan that:

(1) covers appropriate ratepayer classes;

(2) starting in 2027, covers a 3–year program cycle; and

(3) achieves the greenhouse gas emissions reduction target established for the electric company or gas company under subsection (b) of this section through cost–effective energy efficiency and conservation programs and services, demand response programs and services, and beneficial electrification programs and services.

(b) (1) For 2025 and 2026, and for each 3–year program cycle starting in 2027, the Commission shall establish a greenhouse gas emissions reduction target for each electric company and each gas company subject to § 7–222(a) of this subtitle as provided in this subsection.

(2) When establishing greenhouse gas emissions reduction targets under this subsection, the Commission shall measure the greenhouse gas emissions from electricity and gas, and the intensities of those emissions, using current data and projections from the Department of the Environment.

(3) The greenhouse gas emissions reduction targets established under this subsection shall be measured:

(i) in metric tons; and

(ii) relative to the greenhouse gas emissions associated with the electric company’s or gas company’s weather–normalized gross retail sales and losses in a baseline year, as determined by the Commission.

(4) By the dates specified in § 7–225(a) of this subtitle, the Commission shall establish greenhouse gas emissions reduction targets for each electric company plan that will achieve at least the greenhouse gas emissions reduction equivalent, measured on a lifecycle basis using the emission intensities under paragraph (2) of this subsection, of the following annual electricity savings percentages, calculated as a percentage of the electric company’s 2016 weather–normalized gross retail sales and electricity losses:

(i) 2.0% in 2024;

(ii) 2.25% each year in 2025 and 2026; and

(iii) 2.5% each year in 2027 and after.

(5) On or before January 1, 2025, and on or before January 1 every 3 years, starting in 2027, the Commission shall establish greenhouse gas emissions reduction targets for each gas company plan that will achieve at least the greenhouse gas emissions reduction equivalent, measured on a lifecycle basis using the emission intensities under paragraph (2) of this subsection, of the gas savings achieved by the gas company for the 2021–2023 program cycle.

(6) The Commission shall take into consideration the most recent final plan adopted under § 2–1205 of the Environment Article when establishing the greenhouse gas emissions reduction targets under this subsection.

(7) For 2025 and 2026:

(i) the Commission shall, after making appropriate findings, determine whether existing electric company and gas company plans must be modified to comply with § 7–225(d) of this subtitle; and

(ii) electric companies and gas companies:

1. shall provide information as required by the Commission to assist in making the determination under item (i) of this paragraph; and

2. are only required to file new plans in accordance with this section if directed by the Commission.

(c) The Commission may give priority to long–lived greenhouse gas emissions reduction measures in the plans by establishing a minimum weighted average measure life for the plan of each electric company and gas company.

(d) Contributions to greenhouse gas emissions reduction goals and targets in a plan of an electric company or a gas company:

(1) may, notwithstanding § 7–222(d)(2) of this subtitle, include recovery of the reasonable and prudent costs from programs that are not behind–the–meter programs in a base rate proceeding, subject to Commission approval; and

(2) may not include the increased adoption of electric vehicles.

(e) Beginning January 1, 2025, at least 80% of the greenhouse gas emissions reductions counted toward each electric company’s and each gas company’s greenhouse gas emissions reduction targets established under this section shall come from behind–the–meter programs, which may include deployment of energy storage facilities.
Md. Code, Education § 7-414.1 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-414.1
§7–414.
Status: in_force

§7–414.1.

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

(2) “Fund” means the Driver Education in Public High Schools Fund.

(3) “Program” means the Driver Education in Public High Schools Grant Program.

(b) There is a Driver Education in Public High Schools Grant Program in the Department.

(c) The purpose of the Program is to provide grants to public high schools and nonprofit organizations to assist public high schools in offering driver education courses for students consistent with the requirements of § 7–414 of this subtitle.

(d) The Department shall:

(1) Administer the Program;

(2) Establish application procedures for the Program; and

(3) Award grants from the Program.

(e) (1) Subject to the availability of money in the Fund, a public school or nonprofit organization may apply for a grant under the Program for expenses paid or incurred, or that will be paid or incurred, to offer a driver education course for students consistent with the requirements of § 7–414 of this subtitle.

(2) When making grants, the Department shall prioritize:

(i) Public high schools at which at least 40% of the registered students are eligible for the federal free or reduced price meal program; and

(ii) Nonprofit organizations working to offer a driver education course in a school at which at least 40% of the registered students are eligible for the federal free or reduced price meal program.

(f) (1) There is a Driver Education in Public High Schools Fund.

(2) The Department shall administer the Fund.

(3) (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.

(4) The Fund consists of:

(i) Money received by the Fund from fines for vehicle security lapses under § 17–106 of the Transportation Article; and

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

(5) The Fund may be used only for:

(i) Providing grants under the Program; and

(ii) Administrative costs of the Program.

(6) (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 General Fund of the State.

(g) The Department shall adopt regulations to carry out this section.
Md. Code, State Government § 7-212 — MD Code / Article gsg / Title 7 / Subtitle 2 / Section 7-212
§7–212.
Status: in_force

(a) (1) The Administrator may adopt a codification system and set editorial standards for the Code of Maryland Regulations and the Register, including a numbering system and captions or tag lines.

(2) The numbering system, captions, or tag lines are not part of the official text of a document.

(b) Except for rules of court, each document that is submitted for publication in the Code of Maryland Regulations and the Register shall conform to the codification system and editorial standards.

(c) After consultation with the unit that adopted a regulation, the Administrator may conform a regulation or other document to the codification system and editorial standards.
Md. Code, Education § 7-1A-02 — MD Code / Article ged / Title 7 / Subtitle 1A / Section 7-1A-02
§7–1A–02.
Status: in_force

(a) (1) A local department of social services or a local health department shall provide a parent or guardian with oral and written notice that their child may be eligible for publicly funded prekindergarten programs if the parent or guardian:

(i) Applied for economic services with the local department of social services or the local health department; and

(ii) Has a child who will be 3 or 4 years old by September 1 of the next academic year.

(2) The notice required under paragraph (1) of this subsection shall include:

(i) Contact information for the enrollment office of the local school system and the Division of Early Childhood Development in the Department; and

(ii) Information on the existence of the child care scholarship for before and after full–day prekindergarten programming and the possibility of eligibility for State aid.

(3) On or before December 1 of each year, each local department of social services and each local health department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the number of parents who were given a notification and subsequently enrolled their child in a publicly funded prekindergarten program.

(b) Each local department of social services or a local health department shall provide to each local school system the name and contact information for each parent or guardian provided notice under subsection (a) of this section.

(c) The requirements set forth in § 7–101(b) of this title regarding the domicile of a child and the residency of the child’s parent or guardian shall apply to prekindergarten programs established by county boards as required by this subtitle.
Md. Code, Estates and Trusts § 7-401 — MD Code / Article get / Title 7 / Subtitle 4 / Section 7-401
§7–401.
Status: reserved

(a) (1) In the performance of a personal representative’s duties pursuant to § 7–101 of this title, a personal representative may exercise all of the power or authority conferred on the personal representative by statute or in the will, without application to, the approval of, or ratification by the court.

(2) Except as validly limited by the will or by an order of court, a personal representative may, in addition to the power or authority contained in the will and to other common–law or statutory powers, exercise the powers enumerated in this section.

(b) A personal representative may retain assets owned by the decedent pending distribution or liquidation, including those in which the representative is personally interested or which are otherwise improper for trust investment.

(c) (1) A personal representative may hold a security in the name of a nominee or in other form without disclosure of the interest of the estate.

(2) A personal representative who holds a security in the name of a nominee or in other form without disclosure of the interest of the estate is liable for a wrongful act of the nominee in connection with the security held.

(d) A personal representative may receive assets from fiduciaries or other sources.

(e) A personal representative may deposit funds for the account of the estate, including money received from the sale of assets, in checking accounts, in insured interest–bearing accounts, or in short–term loan arrangements which may be reasonable for use by a trustee.

(f) A personal representative may agree to deposit assets of the estate with a financial institution so that the assets cannot be withdrawn or transferred without:

(1) The written consent of the surety on the bond; or

(2) An order of court.

(g) A personal representative may satisfy written charitable pledges of the decedent.

(h) A personal representative may pay a valid claim as provided in this article or effect a fair and reasonable compromise with a creditor or obligee, or extend or renew an obligation due by the estate.

(i) A personal representative may pay the funeral expenses of the decedent in accordance with the procedures provided in § 8–106 of this article, including the cost of burial space and a tombstone or marker, and the cost of perpetual care.

(j) A personal representative may pay taxes, assessments, and other expenses incident to the administration of the estate.

(k) A personal representative may insure the property of the estate against damage, loss, and liability, and the personal representative against liability in respect to third persons.

(l) A personal representative may vote stocks or other securities in person or by general or limited proxy.

(m) A personal representative may sell or exercise stock subscription, conversion or option rights, consent to or oppose, directly or through a committee or agent, the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise.

(n) A personal representative may invest in, sell, mortgage, pledge, exchange, or lease property.

(o) A personal representative may borrow money.

(p) A personal representative may:

(1) Release or terminate a mortgage or security interest, if the obligation secured by the mortgage or security interest was fully satisfied during the lifetime of the decedent or during the administration of the estate; or

(2) Extend or renew any obligation owed to the estate.

(q) If assets of the estate are encumbered by a mortgage, pledge, lien, or other security interest and if it appears to be in the best interests of the estate, a personal representative may pay the encumbrance, or convey or transfer the assets to the creditor in satisfaction of the security interest of the creditor, in whole or in part, whether or not the holder of the encumbrance has filed a claim.

(r) Regardless of a contrary provision in the will, a personal representative may execute, on the written demand of the owner of a redeemable leasehold or subleasehold estate, a full and valid conveyance of the reversion or subreversion held by the estate.

(s) A personal representative may continue an unincorporated business or venture in which the decedent was engaged at the time of the decedent’s death:

(1) In the same business form for a period of not more than 4 months from the date of appointment of a personal representative, where continuation is a reasonable means of preserving the value of the business including goodwill;

(2) In the same business form for an additional period of time that may be approved by order of court, in a proceeding to which all persons interested in the estate are parties; or

(3) Throughout the period of administration, if the business is incorporated after the death of the decedent.

(t) A personal representative may incorporate a business or venture in which the decedent was engaged at the time of the decedent’s death if none of the probable distributees of the business who are competent adults objects to its incorporation and retention in the estate.

(u) A personal representative may convert a sole proprietorship the decedent was engaged in at the time of the decedent’s death to a limited liability company and may become a limited partner in any partnership or a member in any limited liability company, including a single member limited liability company.

(v) A personal representative may perform the contracts of the decedent that continue as obligations of the estate, and execute and deliver deeds or other documents under circumstances as the contract may provide.

(w) A personal representative may exercise options, rights, and privileges contained in a life insurance policy, annuity, or endowment contract constituting property of the estate, including the right to obtain the cash surrender value, convert the policy to another type of policy, revoke a mode of settlement, and pay a part or all of the premiums on the policy or contract.

(x) A personal representative may employ, for reasonable compensation, auditors, investment advisors, or persons with special skills, to advise or assist in the performance of the administration duties of the personal representative.

(y) (1) A personal representative may prosecute, defend, or submit to arbitration actions, claims, or proceedings in any appropriate jurisdiction for the protection or benefit of the estate, including the commencement of a personal action which the decedent might have commenced or prosecuted, except that:

(i) A personal representative may not institute an action against a defendant for slander against the decedent during the lifetime of the decedent.

(ii) In an action instituted by the personal representative against a tort–feasor for a wrong which resulted in the death of the decedent, the personal representative may recover the funeral expenses of the decedent up to the amount allowed under § 8–106(c) of this article in addition to other damages recoverable in the action.

(2) A personal representative may request criminal injuries compensation, restitution, or any other financial property interest for a decedent who was a victim of a crime.

(z) If the decedent died testate, a personal representative may designate the personal representative on documents as an executor, or if the decedent died intestate, as an administrator.

(aa) A personal representative may make partial and final distributions, in cash, in kind, or both, from time to time during the administration.

(bb) If the estate is of a physician, podiatrist, optometrist, or dentist who was a sole practitioner, the administrator shall follow the notice requirements under § 4–305 of the Health – General Article before the destruction or transfer of any medical records of a patient of the decedent.

(cc) (1) To comply with an environmental law, a personal representative may:

(i) Inspect property held by the personal representative, including any type of interest in a sole proprietorship, partnership, limited liability company, or corporation, and any assets owned by a sole proprietorship, partnership, limited liability company, or corporation to determine compliance with an environmental law and respond to an actual or potential environmental liability relating to the property;

(ii) Before or after the initiation of a claim or a governmental enforcement action, take any action necessary to prevent, abate, or otherwise remedy an actual or potential environmental liability relating to property held by the personal representative;

(iii) Settle or compromise at any time a claim against the estate based on an alleged environmental liability that may be asserted by any person; and

(iv) Pay from the estate the costs of an inspection, review, study, abatement, response, cleanup, or other remedial action that involves an environmental liability as provided under § 15–524 of this article.

(2) If a personal representative acts prudently and in good faith, the personal representative is not liable to a person with an interest in assets held by the personal representative for a decrease in the value of the assets for taking action under this subsection or otherwise taking action to comply with an environmental law or reporting requirement.

(3) Acceptance by the personal representative of property or failure by the personal representative to take action under this subsection does not imply that there is or may be liability under an environmental law with respect to any property.

(dd) A personal representative may donate a conservation easement on any real property in order to obtain the benefit of the estate tax exclusion allowed under § 2031(c) of the United States Internal Revenue Code of 1986, as amended, if:

(1) The will authorizes or directs the personal representative to donate a conservation easement on the real property; or

(2) Each interested person who has an interest in the real property that would be affected by the conservation easement consents in writing to the donation.
Md. Code, Housing and Community Development § 7-305 — MD Code / Article ghs / Title 7 / Subtitle 3 / Section 7-305
§7–305.
Status: in_force

(a) In this section, “excess rent” means rent that exceeds the rent payable by a tenant under the tenant’s lease as of the date of the notice of intent, adjusted as allowed under § 7-212(c) of this title.

(b) Until 1 year has passed since the owner gave notice of intent, and the owner complies with the requirements of this title, nonpayment of excess rent is not grounds for an owner to:

(1) terminate a lease of an assisted unit; or

(2) sue for possession of the leased property.
Md. Code, Estates and Trusts § 7-105 — MD Code / Article get / Title 7 / Subtitle 1 / Section 7-105
§7–105.
Status: in_force

Whenever a personal representative discovers that a document previously filed by the personal representative or a predecessor personal representative is incomplete or erroneous, the personal representative shall promptly file a revised and corrected document with the register, reciting the correct information if known by the personal representative.
Md. Code, Transportation § 7-208 — MD Code / Article gtr / Title 7 / Subtitle 2 / Section 7-208
§7–208.
Status: in_force

(a) Subject to the authority of the Secretary and, where applicable, the Maryland Transportation Authority, the Administration has jurisdiction:

(1) Consistent with the provisions of Division II of the State Finance and Procurement Article, for planning, developing, constructing, acquiring, financing, and operating the transit facilities authorized by this title; and

(2) Over the services performed by and the rentals, rates, fees, fares, and other charges imposed for the services performed by transit facilities owned or controlled by the Administration.

(b) The Administration shall submit, in accordance with § 2–1257 of the State Government Article, an annual report to the Senate Budget and Taxation Committee, House Ways and Means Committee, and House Appropriations Committee by December 1 of each year that includes:

(1) Separate farebox recovery ratios for the prior fiscal year for:

(i) Bus, light rail, and Metro subway services provided by the Administration in the Baltimore region;

(ii) Commuter bus service provided under contract to the Administration in the Baltimore region; and

(iii) Maryland Area Rail Commuter (MARC) service provided under contract to the Administration; and

(2) Comparisons of farebox recovery ratios for the Administration’s mass transit services and other similar transit systems nationwide.

(b–1) (1) Subject to § 7–506 of this title and paragraph (2) of this subsection, the Administration shall set the fare prices and collect other operating revenues.

(2) The Administration may not reduce the level of services provided by the Administration for the purpose of achieving a specific farebox recovery requirement.

(c) (1) For fiscal year 2009 and each fiscal year thereafter, the Administration shall implement performance indicators to track service efficiency for the Administration’s mass transit services, including:

(i) Operating expenses per revenue vehicle mile;

(ii) Operating expenses per passenger trip; and

(iii) Passenger trips per revenue vehicle mile.

(2) The Administration shall submit, in accordance with § 2–1257 of the State Government Article, an annual performance report to the Senate Budget and Taxation Committee, House Ways and Means Committee, and House Appropriations Committee by December 1 of each year on:

(i) The status of the performance indicators listed in paragraph (1) of this subsection for the prior fiscal year, including a discussion of the failure or success in meeting the goals established for the prior fiscal year by the Administration;

(ii) The status of managing–for–results goals of the Administration as they pertain to mass transit service in the Baltimore area;

(iii) Comparisons of performance indicators for the Administration’s mass transit services and other similar systems nationwide; and

(iv) The Administration’s goals for each of the measures in paragraph (1) of this subsection for the next fiscal year.

(d) (1) The Administration shall provide for an independent management audit of the operational costs and revenues of the Administration’s mass transit services every 4 years.

(2) The audit shall provide data on fares, cost containment measures, comparisons with other similar mass transit systems, and other information necessary in evaluating the operations of the Administration’s mass transit system.

(3) The findings from the audit shall be used as a benchmark for the annual performance reports.

(e) The determinations of the Secretary, Administration, or Maryland Transportation Authority as to the type of service performed or the rentals, rates, fees, fares, and other charges imposed are not subject to judicial review or to the processes of any court.

(f) Notwithstanding any other provision of this title or the Public Utilities Article, the Public Service Commission does not have any jurisdiction over transit facilities owned or controlled by the Administration or over any contractor operating these facilities.

(g) Except as provided in this title, the Administration does not have any jurisdiction over transportation in the District by private carriers.
Md. Code, Land Use § 7-506 — MD Code / Article glu / Title 7 / Subtitle 5 / Section 7-506
§7–506.
Status: in_force

(a) Except as otherwise provided or required by State law, a local government may not require that a qualified project under this subtitle be reviewed at more than two public hearings before each of the following:

(1) the local governing body; and

(2) the planning commission.

(b) Except as otherwise provided or required by State law, a local government may not require that a qualified project under this subtitle be reviewed at more than one public hearing before each of the following:

(1) a historic district commission or historic preservation commission; and

(2) the board of appeals.
Md. Code, Business Regulation § 7-301 — MD Code / Article gbr / Title 7 / Subtitle 3 / Section 7-301
§7–301.
Status: in_force

(a) Except as otherwise provided in this title, a person must have a license whenever the person does business as a collection agency in the State.

(b) This section does not apply to:

(1) a regular employee of a creditor while the employee is acting under the general direction and control of the creditor to collect a consumer claim that the creditor owns; or

(2) a regular employee of a licensed collection agency while the employee is acting within the scope of employment.

(c) A licensee may do business as a collection agency only at a licensed location or as otherwise authorized by regulation.

(d) During the time period established by the Commissioner under subsection (e) of this section, each licensee shall:

(1) obtain and maintain a valid unique identifier issued by NMLS when an account is created with NMLS; and

(2) transfer licensing information to NMLS.

(e) (1) The Commissioner shall establish a time period that is not less than 2 months within which a licensee must transfer licensing information to NMLS.

(2) The time period that the Commissioner establishes under this subsection shall begin on or after July 1, 2017.

(3) At least 30 days before the transfer period begins, the Commissioner shall:

(i) notify all licensees of the transfer period; and

(ii) provide instructions for the transfer of licensing information to NMLS.

(f) Subject to subsection (d) of this section, an applicant for an initial license or a license renewal shall apply for the initial license or license renewal through NMLS:

(1) on or after July 1, 2017; or

(2) if the Commissioner has not joined NMLS with respect to collection agencies as of July 1, 2017, on or after the date that the Commissioner joins, as specified by the Commissioner by public notice.
Md. Code, Housing and Community Development § 7-501 — MD Code / Article ghs / Title 7 / Subtitle 5 / Section 7-501
§7–501.
Status: in_force

This title is the Assisted Housing Preservation Act.
Md. Code, Health Occupations § 7-318 — MD Code / Article gho / Title 7 / Subtitle 3 / Section 7-318
§7–318.
Status: in_force

(a) Unless the Board agrees to accept the surrender of a license while the licensee is under investigation or while charges are pending against the licensee, a licensee may not:

(1) Surrender the license; or

(2) Allow the license to lapse by operation of the law.

(b) The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
Md. Code, Tax - Property § 7-519 — MD Code / Article gtp / Title 7 / Subtitle 5 / Section 7-519
§7–519.
Status: in_force

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

(2) “Community–managed open space” means a local park, garden, woods, or other predominantly undeveloped area that is utilized and cared for by the local community in a natural or cultivated state for the general benefit of the local community.

(3) “Community open space management entity” means a nonprofit organization that has a cooperative agreement with the Maryland Environmental Trust and the purposes of which are primarily to:

(i) preserve community–managed open spaces in fully developed areas;

(ii) acquire, sell, lease, transfer, manage, establish, or hold easements to parcels of land for use as community–managed open space in fully developed areas; and

(iii) encourage, support, and facilitate the participation of communities in the beautification, maintenance, and preservation of community–managed open spaces in fully developed areas.

(b) The Mayor and City Council of Baltimore City or the governing body of a county or municipal corporation may exempt property owned by a community open space management entity from the county or municipal property tax.

(c) The governing body of a county or municipal corporation may enact regulations, procedures, and any other provision necessary to carry out the exemption under this section.
Md. Code, Transportation § 7-201 — MD Code / Article gtr / Title 7 / Subtitle 2 / Section 7-201
§7–201.
Status: in_force

There is a Maryland Transit Administration in the Department.
Md. Code, Health - General § 7-1104 — MD Code / Article ghg / Title 7 / Subtitle 11 / Section 7-1104
§7–1104.
Status: in_force

(a) A State employee may not receive or solicit, directly or indirectly, any remuneration for providing services to an individual eligible for services under this title except for compensation provided for in the State budget, those charges provided for in Title 16 of this article, and funds received in accordance with subsection (b) of this section.

(b) (1) A State residential center may accept nonbudgeted funds that are available to it but are not part of the appropriation process in this State.

(2) A State residential center may accept these funds only under the policy or regulations that the Secretary sets.

(c) An employee of a licensee may not receive or solicit, directly or indirectly, any remuneration for providing services within the scope of that employment to an individual eligible for services under this title, other than compensation provided by the licensee.

(d) A person who knowingly violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
Md. Code, Correctional Services § 7-602 — MD Code / Article gcs / Title 7 / Subtitle 6 / Section 7-602
§7–602.
Status: in_force

(a) Unless the order granting a pardon provides otherwise, the Governor is the sole judge of whether a condition of a conditional pardon has been violated.

(b) A determination by the Governor that a condition of a conditional pardon has been violated by the grantee is final and not subject to review by any court of the State.
Md. Code, Health Occupations § 7-316.1 — MD Code / Article gho / Title 7 / Subtitle 3 / Section 7-316.1
§7–316.
Status: in_force

§7–316.1.

(a) An action may be maintained in the name of the State or the Board to enjoin:

(1) The unauthorized practice of mortuary science; or

(2) Conduct that constitutes a ground for disciplinary action under § 7-315 of this subtitle.

(b) An action under this section may be brought by:

(1) The Board;

(2) The Attorney General; or

(3) A State’s Attorney.

(c) An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engages in the practice of mortuary science.

(d) Proof of actual damage or proof that a person will sustain damage if an injunction is not granted is not required for an action under this section.

(e) Criminal prosecution for the unauthorized practice of mortuary science under § 7-501 of this title or disciplinary action under § 7-316 of this subtitle does not prohibit an action to enjoin under this section.
Md. Code, Public Utilities § 7-306.2 — MD Code / Article gpu / Title 7 / Subtitle 3 / Section 7-306.2
§7–306.
Status: in_force

§7–306.2.

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

(2) (i) “Agrivoltaics” means the simultaneous use of areas of land:

1. that are maintained in agricultural use in accordance with COMAR 18.02.03 or the Maryland Assessment Procedures Manual; and

2. for both solar power generation and:

A. raising grains, fruits, herbs, melons, mushrooms, nuts, seeds, tobacco, or vegetables;

B. raising poultry, including chickens and turkeys, for meat or egg production;

C. dairy production, such as the raising of milking cows;

D. raising livestock, including cattle, sheep, goats, or pigs;

E. horse boarding, breeding, or training;

F. turf farming;

G. raising ornamental shrubs, plants, or flowers, including aquatic plants;

H. aquaculture;

I. silviculture; or

J. any other activity recognized as an agricultural activity under COMAR 18.02.03 or the Maryland Assessment Procedures Manual.

(ii) “Agrivoltaics” does not include the simultaneous use of areas of land for both solar power generation and:

1. apiaries; or

2. pollinator habitat.

(3) “Baseline annual usage” means:

(i) a subscriber’s accumulated electricity use in kilowatt–hours for the 12 months before the subscriber’s most recent subscription; or

(ii) for a subscriber that does not have a record of 12 months of electricity use at the time of the subscriber’s most recent subscription, an estimate of the subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a manner the Commission approves.

(4) “Community solar energy generating system” means a solar energy system that:

(i) is connected to the electric distribution system serving the State;

(ii) is located in the same electric service territory as its subscribers;

(iii) is attached to the electric meter of a subscriber or is a separate facility with its own electric meter;

(iv) credits its generated electricity, or the value of its generated electricity, to the bills of the subscribers to that system through virtual net energy metering;

(v) has at least two subscribers but no limit to the maximum number of subscribers;

(vi) does not have subscriptions larger than 200 kilowatts constituting more than 60% of its kilowatt–hour output;

(vii) has a generating capacity that does not exceed 5 megawatts as measured by the alternating current rating of the system’s inverter;

(viii) may be owned by any person; and

(ix) with respect to community solar energy generating systems constructed under the Program, serves at least 40% of its kilowatt–hour output to LMI subscribers unless the solar energy system is wholly owned by the subscribers to the solar energy system.

(5) “Consolidated billing” means a payment mechanism that requires an electric company to, at the request of a subscriber organization or subscription coordinator:

(i) include the monthly subscription charge of a subscriber organization or subscription coordinator on the monthly bills rendered by the electric company for electric service and supply to subscribers; and

(ii) remit payment for those charges to the subscriber organization or subscription coordinator.

(6) “Critical area” has the meaning stated in § 8–1802 of the Natural Resources Article.

(7) “LMI subscriber” means a subscriber that:

(i) is low–income;

(ii) is moderate–income; or

(iii) resides in a census tract that is:

1. an overburdened community; and

2. an underserved community.

(8) “Low–income” means:

(i) having an annual household income that is at or below 200% of the federal poverty level; or

(ii) being certified as eligible for any federal, State, or local assistance program that limits participation to households whose income is at or below 200% of the federal poverty level.

(9) “Moderate–income” means having an annual household income that is at or below 80% of the median income for Maryland.

(10) “Overburdened community” has the meaning stated in § 1–701 of the Environment Article.

(11) “Pilot program” means the program established under this section before July 1, 2023, and effective until the start of the Program established under subsection (d)(20) of this section.

(12) “Program” means the Community Solar Energy Generating Systems Program.

(13) “Queue” means:

(i) the pilot program queue an electric company is required to maintain under COMAR 20.62.03.04; and

(ii) a queue an electric company may be required to maintain under the Program.

(14) “Subscriber” means a retail customer of an electric company that:

(i) holds a subscription to a community solar energy generating system; and

(ii) has identified one or more individual meters or accounts to which the subscription shall be attributed.

(15) “Subscriber organization” means:

(i) a person that owns or operates a community solar energy generating system; or

(ii) the collective group of subscribers of a community solar energy generating system.

(16) “Subscription” means the portion of the electricity generated by a community solar energy generating system that is credited to a subscriber.

(17) “Subscription coordinator” means a person that:

(i) markets community solar energy generating systems or otherwise provides services related to community solar energy generating systems under its own brand name;

(ii) performs any administrative action to allocate subscriptions, connect subscribers with community solar energy generating systems, or enroll customers in the Program; or

(iii) manages interactions between a subscriber organization and an electric company or electricity supplier relating to subscribers.

(18) “Underserved community” has the meaning stated in § 1–701 of the Environment Article.

(19) “Unsubscribed energy” means any community solar energy generating system output in kilowatt–hours that is not allocated to any subscriber.

(20) “Virtual net energy metering” means measurement of the difference between the kilowatt–hours or value of electricity that is supplied by an electric company and the kilowatt–hours or value of electricity attributable to a subscription to a community solar energy generating system and fed back to the electric grid over the subscriber’s billing period, as calculated under the tariffs established under subsections (e)(2), (f)(2), and (g)(2) of this section.

(b) The General Assembly finds that:

(1) community solar energy generating systems:

(i) provide residents and businesses, including those that lease property, increased access to local solar electricity while encouraging private investment in solar resources;

(ii) enhance continued diversification of the State’s energy resource mix to achieve the State’s renewable energy portfolio standard and Greenhouse Gas Emissions Reduction Act goals; and

(iii) provide electric companies and ratepayers the opportunity to realize the many benefits associated with distributed energy; and

(2) it is in the public interest that the State enable the development and deployment of energy generation from community solar energy generating systems in order to:

(i) allow renters and low–income and moderate–income retail electric customers to own an interest in a community solar energy generating system;

(ii) facilitate market entry for all potential subscribers while giving priority to subscribers who are the most sensitive to market barriers; and

(iii) encourage developers to promote participation by renters and low–income and moderate–income retail electric customers.

(c) A community solar energy generating system, subscriber, subscriber organization, or subscription coordinator is not:

(1) an electric company;

(2) an electricity supplier; or

(3) a generating station if:

(i) the generating capacity of the community solar energy generating system does not exceed 2 megawatts; or

(ii) the community solar energy generating system is located on the rooftop of a building.

(d) (1) (i) The Commission shall establish and maintain a Community Solar Energy Generating Systems Program.

(ii) The structure of the Program is as provided in this subsection.

(2) All rate classes may participate in the Program.

(3) Subscribers served by electric standard offer service, community choice aggregators, and electricity suppliers may hold subscriptions to the same community solar energy generating system.

(4) A subscriber organization or subscription coordinator acting on behalf of a subscriber organization shall:

(i) determine how to allocate subscriptions to subscribers; and

(ii) notify an electric company and, if applicable, a relevant electricity supplier about the allocation of subscriptions in accordance with the regulations the Commission adopts under subsection (e) of this section.

(5) An electric company shall use the tariff structure under subsections (e)(2), (f)(2), and (g)(2) of this section to provide each subscriber with the credits.

(6) A subscriber shall:

(i) receive credit for virtual net excess generation; and

(ii) accrue virtual net excess generation in the same manner as an eligible customer–generator under § 7–306(f) of this subtitle.

(7) (i) Any unsubscribed energy generated by a community solar energy generating system that is not owned by an electric company shall create banked bill credits tracked by the electric company that, within 1 year after the date that the banked bill credit was created, may be allocated to one or more subscribers by the subscriber organization or subscription coordinator associated with the community solar energy generating system.

(ii) The generation associated with a banked bill credit not allocated to a subscriber within 1 year after the date that the banked bill credit was created shall be purchased under the electric company’s process for purchasing the output from qualifying facilities at the amount it would have cost the electric company to procure the energy.

(8) An electric company shall use energy generated from a community solar energy generating system to offset purchases from wholesale electricity suppliers for standard offer service.

(9) All costs associated with small generator interconnection standards under COMAR 20.50.09 are the responsibility of the subscriber organization.

(10) A subscriber organization may petition an electric company to coordinate the interconnection and commencement of operations of a community solar energy generating system after the Commission adopts regulations required under subsection (e) of this section.

(11) A subscriber organization may contract with a third party for the third party to finance, build, own, or operate a community solar energy generating system.

(12) A municipal utility or cooperative utility may participate in the Program.

(13) (i) Except as provided in subparagraph (ii) of this paragraph, a community solar energy generating system may not be located on the same or an adjacent parcel of land as an existing or proposed community solar energy generating system if the total installed capacity of all community solar energy generating systems on the same or adjacent parcel would exceed 5 megawatts.

(ii) The prohibition under subparagraph (i) of this paragraph does not apply to projects constructed:

1. on the rooftops of buildings;

2. in areas that are zoned for industrial use;

3. on brownfields locations and clean fill sites;

4. over parking lots or roadways;

5. on multilevel parking structures;

6. on or over transportation or public rights–of–way;

7. at airports;

8. on land that:

A. was previously zoned for industrial use or is ecologically compromised; and

B. is not targeted for mitigation or restoration; or

9. in any location if the combined capacity of all community solar energy generating systems on the same or adjacent parcel does not exceed 10 megawatts and:

A. at least 75% of the aggregate capacity of the co–located community solar energy generating systems serves LMI subscribers;

B. for a site without a community solar energy generating system installed before the start of the Program under paragraph (20) of this subsection, all of the community solar energy generating systems installed after the start of the Program are used for agrivoltaics; or

C. for a site with a community solar energy generating system installed before the start of the Program under paragraph (20) of this subsection, each new community solar energy generating system installed after the start of the Program is used for agrivoltaics.

(14) A subscriber organization or subscription coordinator may elect for a subscriber or a community solar energy generating system represented by the subscriber organization or subscription coordinator to participate in consolidated billing.

(15) An electric company shall provide access to customer billing and usage data to a subscriber organization or subscription coordinator if the customer provides to the electric company affirmative consent that is accompanied by a written or electronic signature.

(16) (i) An electric company may require a reasonable fee for subscriber organizations or subscription coordinators that use consolidated billing.

(ii) The fee under subparagraph (i) of this paragraph may not exceed 1% of the bill credit value to the subscriber unless the Commission determines a higher fee is just and reasonable based on substantial evidence presented by the electric company.

(iii) An electric company may adjust the fee under subparagraph (i) of this paragraph not more than once per year.

(iv) The fee for consolidated billing assessed to a subscriber organization or subscription coordinator may not exceed the fee that was in effect when the subscriber organization or subscription coordinator elected for the community solar energy generating system represented by the subscriber organization or subscription coordinator to participate in consolidated billing.

(17) A subscriber organization or subscription coordinator may not prohibit a subscriber from enrolling with an electricity supplier for electric service or supply.

(18) A community solar energy generating system on an electric company queue under the pilot program shall retain the queue position under the Program.

(19) In constructing or operating a community solar energy generating system, a person shall address critical area, climate resilience, and forest conservation concerns by complying with the Forest Conservation Act and other relevant State and local environmental laws and regulations pertaining to the critical area, climate resilience, and forest conservation.

(20) The Program shall begin on the earlier of:

(i) the date of submission of the first petition of a subscriber organization under paragraph (10) of this subsection after the Commission adopts the regulations required under subsection (f) of this section; or

(ii) 6 months after the Commission adopts those regulations.

(e) On or before May 15, 2016, the Commission shall adopt regulations to implement this section, including regulations for:

(1) consumer protection;

(2) a tariff structure for an electric company to provide a subscriber with the kilowatt–hours or value of the subscriber’s subscription, as the Commission determines;

(3) a calculation for virtual net energy metering as the Commission determines;

(4) a protocol for electric companies, electricity suppliers, and subscriber organizations to communicate the information necessary to calculate and provide the monthly electric bill credits and net excess generation payments required by this section; and

(5) a protocol for a subscriber organization to coordinate with an electric company for the interconnection and commencement of operations of a community solar energy generating system.

(f) (1) Subject to subsection (h) of this section, to implement the Program, the Commission shall, on or before January 1, 2025, adopt revisions to the regulations adopted under subsection (e) of this section for the pilot program, including revisions that:

(i) remove all Program categories, project generating capacity limits, yearly programmatic and electric company–specific capacity limits, and sunset dates so that the total number and capacity of community solar energy generating systems is subject only to the overall limitation for all net metering projects established under § 7–306(d) of this subtitle;

(ii) authorize all community solar energy generating systems, including those constructed during the pilot program, to operate and generate subscription credits until the community solar energy generating system is decommissioned;

(iii) adjust co–location restrictions to comply with subsection (d)(13) of this section;

(iv) allow a subscriber organization or subscription coordinator to verify the income of a prospective subscriber for eligibility as an LMI subscriber under the Program by using one of the following methods:

1. self–attestation by the prospective subscriber that does not need to be under oath or penalty of perjury;

2. requiring the prospective subscriber to provide evidence of eligibility for or enrollment in at least one of the following government assistance programs:

A. the Maryland Energy Assistance Program;

B. the Supplemental Nutrition Assistance Program;

C. Medicaid;

D. Head Start;

E. free and reduced price school meals;

F. the federal Low Income Home Energy Assistance Program;

G. EmPOWER Maryland low– or moderate–income incentives;

H. telephone lifeline service;

I. the Fuel Fund of Maryland; or

J. any additional federal, State, or local assistance program that the Commission determines will further the purposes of the Program;

3. pay stubs;

4. income tax documents;

5. proof of residence in an affordable housing facility;

6. proof of residence within a census tract that is:

A. an overburdened community; and

B. an underserved community;

7. any verification method that was available under the pilot program; or

8. any additional methods approved by the Commission to verify income;

(v) require all electric companies to use:

1. bill credits applied as a reduction in metered kilowatt–hours; or

2. monetary bill credits that provide not less than the value to the subscriber of the credit had it been applied to the subscriber’s bill as a reduction in metered kilowatt–hours; and

(vi) establish procedures for the Commission to:

1. collect data from subscriber organizations, when applying to the Commission for admission to the Program, on:

A. the type and quantity of forest cover on the site of a proposed community solar energy generating system; and

B. any anticipated impacts that the construction of the proposed community solar energy generating system will have on trees and forest cover at the site of the proposed community solar energy generating system; and

2. make the data collected under item 1 of this item available to the public in a format aggregated by county.

(2) On or before July 1, 2025, the Commission shall approve electric company tariff modifications that are consistent with the regulations adopted under this subsection.

(g) (1) Subject to subsection (h) of this section, on or before July 1, 2025, the Commission shall adopt regulations that:

(i) implement consolidated billing by electric companies that must be in effect by January 1, 2026, including protocols for purchase of receivables or net crediting;

(ii) require all electric companies to report billing and crediting errors to the Commission on a regular schedule;

(iii) impose specific timing requirements for application of bill credits to subscriber bills and application of rollover credits;

(iv) implement data exchange protocols for electric companies, subscriber organizations, and subscription coordinators, including required data fields for electric company allocation reports;

(v) for subscribers enrolled in budget billing, require electric companies to apply community solar credits to the monthly amount due rather than the underlying balance;

(vi) require all electric companies to show applied and banked credits on each bill rendered to a subscriber; and

(vii) implement any additional changes the Commission determines will improve billing and crediting processes for subscribers, subscriber organizations, and subscription coordinators.

(2) On or before January 1, 2026, the Commission shall approve electric company tariff modifications that are consistent with the regulations adopted under this subsection.

(h) The Commission shall convene a stakeholder workgroup to provide recommendations regarding the regulations to be adopted by the Commission under subsections (f) and (g) of this section.

(i) The Commission shall consider and implement methodologies to allow the tenants of master–metered residential facilities to participate in the Program and benefit directly from any associated electric bill savings.

(j) (1) Subject to regulations or orders of the Commission, a contract relating to a community solar energy generating system, subscriber organization, or subscription coordinator that is entered into during the pilot program or the Program shall remain in effect according to the terms of the contract, including after the termination of the pilot program or the Program.

(2) (i) This paragraph applies to electric companies, electric cooperatives, and municipal utilities that participate in the Program.

(ii) A subscriber who has a change in the service address associated with the subscriber’s subscription may maintain the subscription for the new address if the new address is within the same electric territory as the old address.

(iii) An electric company or a subscriber organization may not terminate a subscriber’s subscription due to a change of address for the service address associated with the subscription if the requirements under subparagraph (ii) of this paragraph are met.

(iv) An electric company shall make any changes necessary to accommodate a subscriber’s change of address on notification by a subscriber organization.

(3) On and after October 1, 2023, in accordance with the operational and billing requirements in subsection (d) of this section:

(i) a subscriber organization may continue the operation of a community solar energy generating system that began operation during the pilot program, including the creation and trading of subscriptions; and

(ii) in accordance with the tariffs established under subsections (e)(2), (f)(2), and (g)(2) of this section, an electric company shall continue to facilitate the operation of a community solar energy generating system that began operation during the pilot program.

(k) The cumulative installed nameplate capacity under the pilot program and the Program shall count toward the overall limitation for all net metering projects established under § 7–306(d) of this subtitle.

(l) (1) (i) A subscriber organization or subscription coordinator may not require an LMI subscriber to undergo a credit check or pay a sign–up fee to subscribe to a community solar energy generating system.

(ii) A subscriber organization or subscription coordinator shall:

1. verify the eligibility of an LMI subscriber in accordance with subsection (f)(1)(iv) of this section; and

2. retain records of each determination of eligibility for an LMI subscriber to be made available to the Commission on request.

(2) A subscriber who a subscriber organization determined was eligible to participate as a low–income or moderate–income subscriber under the pilot program shall remain eligible as an LMI subscriber under the Program.

(3) (i) A community solar energy generating system constructed under the pilot program in a category requiring that at least 30% of its kilowatt–hour output serve low–income or moderate–income subscribers shall continue to serve at least 30% of its kilowatt–hour output to low–income or moderate–income subscribers.

(ii) A community solar energy generating system constructed under the pilot program in a category requiring that at least 51% of its kilowatt–hour output serve low–income or moderate–income subscribers shall continue to serve at least 51% of its kilowatt–hour output to low–income or moderate–income subscribers.

(m) (1) A subscriber organization or subscription coordinator may not charge:

(i) a residential subscriber who is not participating in consolidated billing a subscription rate that is more than the monetary value of the bill credit on a bill issued by the electric company to the subscriber for electric service; or

(ii) an LMI subscriber a subscription rate that is more than 90% of the monetary value of the bill credit on a bill issued by the electric company to the subscriber for electric service.

(2) A subscriber organization or subscription coordinator that elects for a subscriber to participate in consolidated billing may not set a subscription charge that is more than the monetary value of the bill credit on a bill issued by the electric company to the subscriber.

(n) The developer of a community solar energy generating system with a generating capacity over 1 megawatt, as measured in alternating current, shall ensure that workers are paid not less than the prevailing wage rate determined under Title 17, Subtitle 2 of the State Finance and Procurement Article, unless the community solar energy generating system is subject to a project labor agreement that:

(1) binds all contractors and subcontractors on the community solar energy generating system through the inclusion of specifications in all relevant solicitation provisions and contract documents;

(2) allows all contractors and subcontractors to compete for contracts and subcontracts on the project without regard to whether they are otherwise parties to collective bargaining agreements;

(3) establishes uniform terms and conditions of employment for all construction labor employed on the projects;

(4) guarantees against strikes, lockouts, and similar job disruptions;

(5) establishes mutually binding procedures for resolving labor disputes; and

(6) includes any other provisions negotiated by the parties to promote successful delivery of the community solar energy generating system.
Md. Code, Health Occupations § 7-206 — MD Code / Article gho / Title 7 / Subtitle 2 / Section 7-206
§7–206.
Status: reserved

(a) There is a State Board of Morticians and Funeral Directors Fund.

(b) (1) The Board may set reasonable fees for its services.

(2) The fees charged shall be set so as to approximate the cost of maintaining the Board.

(3) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.

(c) (1) The Board shall pay all funds collected under this title to the Comptroller of the State.

(2) The Comptroller shall distribute the fees to the State Board of Morticians and Funeral Directors Fund.

(d) (1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.

(2) The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.

(3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.

(4) No other State money may be used to support the Fund.

(e) (1) A designee of the Board shall administer the Fund.

(2) Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
Md. Code, Health - General § 7-102 — MD Code / Article ghg / Title 7 / Subtitle 1 / Section 7-102
§7–102.
Status: in_force

To advance the public interest, it is the policy of this State:

(1) To promote, protect, and preserve the human dignity, constitutional rights and liberties, social well-being, and general welfare of individuals with developmental disability in this State;

(2) To encourage the full development of the ability and potential of each individual with developmental disability in this State, no matter how severe the individual’s disability;

(3) To promote the economic security, standard of living, and meaningful employment of individuals with developmental disability;

(4) To foster the integration of individuals with developmental disability into the ordinary life of the communities where these individuals live;

(5) To support and provide resources to operate community services to sustain individuals with developmental disability in the community, rather than in institutions;

(6) To require the Administration to designate sufficient resources to foster and strengthen a permanent comprehensive system of community programming for individuals with developmental disability as an alternative to institutional care;

(7) To recognize the right of those individuals with developmental disability who need residential services to live in surroundings as normal as possible and to provide adequate facilities for this purpose;

(8) To provide appropriate social and protective services for those individuals with developmental disability who are unable to manage their own affairs with ordinary prudence;

(9) To protect the rights of parents and to help parents and guardians in planning for and assisting those individuals with developmental disability who are unable to manage their own affairs;

(10) To promote and provide for the development, maintenance, and coordination of all programs for individuals with developmental disability;

(11) To advance research and professional training related to developmental disability; and

(12) To promote public understanding of these policies and programs provided in this title.
Md. Code, Health - General § 7-302 — MD Code / Article ghg / Title 7 / Subtitle 3 / Section 7-302
§7–302.
Status: in_force

The purpose of the State plan is to identify the populations in need of services, the current state of needed services, and the priorities for new services, including the reallocation of resources.
Md. Code, Business Regulation § 7-203 — MD Code / Article gbr / Title 7 / Subtitle 2 / Section 7-203
§7–203.
Status: in_force

The Commissioner is chairman of the Board.
Md. Code, Business Occupations and Professions § 7-101 — MD Code / Article gbo / Title 7 / Subtitle 1 / Section 7-101
§7–101.
Status: in_force

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

(b) “Board” means the State Board of Foresters.

(c) (1) Notwithstanding § 5–101 of the Natural Resources Article, “forestry” means the application, for compensation, of scientific techniques to the planting, conservation, protection, and management of trees and related resources for their continuing use, whether found in large numbers and areas commonly known as forests, woodlands, and woodlots or in small groupings and individual trees in suburban and urban settings.

(2) “Forestry” includes:

(i) consultation, investigation, evaluation, or planning of any forestry activity that is described under paragraph (1) of this subsection; or

(ii) having responsibility for any forestry activity that is described under paragraph (1) of this subsection.

(3) “Forestry” does not include:

(i) the services of a tree expert, as defined under § 5–415(c) of the Natural Resources Article;

(ii) practices and services generally provided by:

1. an arboriculturist;

2. a gardener;

3. a horticulturist;

4. a landscape contractor;

5. a landscape gardener;

6. a nurseryman; or

7. an orchardist; or

(iii) the cutting, hauling, handling, or processing of forest products.

(d) “License” means, unless the context requires otherwise, a license issued by the Board to practice forestry.

(e) “Licensed forester” means, unless the context requires otherwise, an individual who is licensed by the Board to practice forestry.

(f) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Environment § 7-109 — MD Code / Article gen / Title 7 / Subtitle 1 / Section 7-109
§7–109.
Status: in_force

Before the Department issues a facility permit, the Department shall give public notice of the application and provide opportunity for a public informational meeting.
Md. Code, Environment § 7-510 — MD Code / Article gen / Title 7 / Subtitle 5 / Section 7-510
§7–510.
Status: in_force

(a) The Department shall approve a response action plan if the Department determines that the response action plan protects public health and the environment.

(b) In making a determination as to whether the criteria selected by the participant and remedial actions in a proposed response action plan protect public health and the environment, the Department shall consider whether the eligible property is:

(1) Located in an industrial area and used for industrial purposes;

(2) Located in a residential area and used for industrial purposes; or

(3) Located in a residential area and used for residential purposes or other purposes that require unlimited public access.

(c) The failure of the Department to adopt final regulations under this subtitle may not prevent the Department from approving a response action plan on an individual plan basis.
Md. Code, State Finance and Procurement § 7-209 — MD Code / Article gsf / Title 7 / Subtitle 2 / Section 7-209
§7–209.
Status: reserved

(a) The Governor may amend an appropriation for a program of the Office of the Governor.

(b) (1) Except as provided in § 7–212 of this subtitle, whenever an officer or unit of the Executive Branch of the State government wants the appropriation for a program of the officer or unit amended, the officer or unit shall submit a proposed amended appropriation for the program to the Secretary of Budget and Management.

(2) The Secretary of Budget and Management shall endorse on or attach to the proposed amended appropriation for the program a recommendation and send the amended appropriation for the program and recommendation to the Governor.

(3) At any time before the Governor approves or disapproves the proposed amended appropriation for a program, the officer or unit may withdraw the proposal.

(4) Whenever the Governor approves a proposed amended appropriation for a program, the Governor shall endorse it as “approved”.

(c) (1) An amendment of an appropriation for a program:

(i) except as provided in paragraph (2) of this subsection, may not increase the sum of the appropriations from the General Fund of the State for all the programs of the officer or unit; and

(ii) may permit the expenditure of money from a special fund or the federal government as provided in § 2–201 of this article or § 7–217(a) of this subtitle.

(2) An amendment of an appropriation for a program of the Executive Branch may increase the sum of the appropriations from the General Fund of the State for all programs of the officer or unit if money from the Contingent Fund of the Board of Public Works is transferred to the program.

(d) (1) (i) Except as provided in paragraph (2) of this subsection, an amendment under this section may not increase a salary so that it exceeds the amount set by the most recently enacted State budget.

(ii) The limitation in this paragraph applies whether or not the most recently enacted budget is in effect.

(2) (i) If the Board of Public Works approves the increase, the Governor may approve an amendment that increases the salary for a position listed in the budget bill in accordance with § 7–109 of this title.

(ii) An amendment under this paragraph remains effective until the State budget for the next fiscal year becomes effective.

(e) (1) Except as provided in paragraphs (2) and (3) of this subsection, an amendment under this section may not transfer any part of an appropriation among any of the principal departments or any of the units in the Executive Branch that are not assigned to a principal department.

(2) This subsection does not prevent a transfer that:

(i) is part of a reorganization under § 8–301 of the State Government Article;

(ii) is needed to comply with federal law or a policy directive of a federal unit that relates to the use of federal funds;

(iii) because of an emergency declared by the Governor, is needed to protect the health, welfare, or property of the public; or

(iv) is specifically authorized by the budget bill or other law.

(3) (i) Subject to the State budget bill, an amendment may transfer part of an appropriation of special or federal funds between any of the principal departments or any of the units in the Executive Branch that are not assigned to a principal department if:

1. funds are available to the department or unit from which the funds are to be transferred through a federal grant or contract or other restricted grant or contract;

2. the use of funds by the department or unit to which the funds are to be transferred is directly related to the purposes of the grant or contract and the statutory duties of that department or unit; and

3. the transferring department or unit and the receiving department or unit submit a schedule of funds to be transferred to the Department of Budget and Management.

(ii) Funds transferred under this paragraph may not be expended by the recipient department or unit until each proposed budget amendment has been approved by:

1. the Secretary of Budget and Management;

2. the Governor; and

3. the Board of Public Works.

(iii) A copy of each approved budget amendment under this paragraph shall be provided to the Department of Legislative Services.

(f) The Governor shall send a copy of each amended appropriation for a program to:

(1) the Comptroller; and

(2) the Department of Legislative Services.

(g) An amended appropriation for a program is effective when the Governor sends notice of the amended appropriation to the Comptroller.
Md. Code, Environment § 7-239.4 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-239.4
§7–239.
Status: in_force

§7–239.4.

(a) Subject to § 7–239.5 of this subtitle, this section does not apply to the incineration of chemical warfare materials at a research facility if the incineration is done for research, development, or demonstration purposes.

(b) The Department shall require as conditions of operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material that:

(1) Treatment by incineration be monitored on a continuous basis;

(2) Monitoring data be regularly reviewed by a qualified independent third party selected by the Department; and

(3) Monitoring data and reviews be reported to the Department in the manner and frequency determined appropriate by the Department.

(c) Any permit issued under this section shall be for a quantity that is specifically identified and:

(1) May be renewed for good cause as to the length of time for completion of the incineration authorized under the permit; but

(2) May not be modified as to the amount of controlled hazardous substance to be destroyed.

(d) After destruction of the specific quantity of the controlled hazardous substance allowed by the terms of the permit issued under this section, the incinerator shall be disassembled and disposed of in accordance with all applicable federal and State performance standards and in a time period established by the permit.

(e) In addition to the facility permit fee required under § 7–237 of this subtitle, the applicant shall pay the compensation of an independent third party with whom the Department may contract for the review of application materials and monitoring data.
Md. Code, Labor and Employment § 7-505 — MD Code / Article gle / Title 7 / Subtitle 5 / Section 7-505
§7–505.
Status: in_force

A person may not assign or transfer a license.
Md. Code, Transportation § 7-102.1 — MD Code / Article gtr / Title 7 / Subtitle 1 / Section 7-102.1
§7–102.
Status: in_force

§7–102.1.

(a) (1) In this subsection, “net project costs” means that part of the capital costs that is incurred in constructing and acquiring transit facilities eligible for assistance under the federal Urban Mass Transportation Act of 1964 and that cannot be reasonably financed from revenues.

(2) It is the policy of this title that:

(i) Consistent with the alleviation of traffic congestion in the District and the attainment of a balanced transportation system using each mode of transportation to its best advantage, all costs incurred to construct, acquire, operate, and maintain transit facilities for the regional transit system shall be covered, as far as practicable, by fares charged for the services performed by the transit facilities owned or controlled by the Administration;

(ii) For light rail projects, at least 10 percent of the net project costs shall be paid by grants contributed by the federal government; and

(iii) At least two-thirds of the net project costs for all other transit facilities shall be paid by grants contributed by the federal government.

(b) (1) The public interest in efficient and economical transit service requires that the transit facilities operated by private carriers be operated to provide, with the transit facilities owned or controlled by the Administration, a unified and coordinated regional transit system without unnecessary duplicating or competing service.

(2) Subject to this standard, it is the policy of this title to utilize private carriers to the fullest extent practicable in providing transit service.

(c) Adequate provisions should be made for assuring that, if allocation of State financial resources for the benefit of this regional system is made, it will be accompanied by a parity allocation for the benefit of taxpayers supporting transit facilities in the political subdivisions of the Washington Suburban Transit District.

(d) Adequate provisions should be made for the protection of transit labor in the development and operation of transit services.

(e) (1) The public interest requires the development of an effective and efficient transit service to meet the special needs of elderly and handicapped persons.

(2) When providing transit service to meet the special needs of disabled persons, the Administration shall:

(i) Apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services, in accordance with paragraph (3) of this subsection, for State and national criminal history records checks of the Administration’s employees who are or will be employed to provide transit service to disabled persons;

(ii) Ensure that any entity that contracts with the Administration to provide transit service to disabled persons applies to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services, in accordance with paragraph (3) of this subsection, for State and national criminal history records checks of the contractor’s employees who provide transit service to disabled persons; and

(iii) Ensure that all employees of the Administration or a contractor of the Administration who are or will be employed to provide transit service to disabled persons successfully complete a course, jointly developed by the State Department of Education and the Department of Disabilities and approved by the Administration, on matters relating to appropriate accommodation, including customer service, sensitivity, and respectful and courteous treatment of all passengers, including disabled persons.

(3) (i) In this paragraph, “Central Repository” has the meaning stated in § 10–201 of the Criminal Procedure Article.

(ii) The Administration or contractor shall apply to the Central Repository for a State and national criminal history records check for each employee subject to this subsection.

(iii) As part of the application for a criminal history records check, the Administration or contractor shall submit to the Central Repository:

1. Two complete sets of the employee’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

2. The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

3. The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(iv) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the employee and the Administration or contractor a printed statement of the employee’s criminal history record information.

(v) Information obtained from the Central Repository under this subsection shall be:

1. Confidential and may not be disseminated; and

2. Used only for the purpose authorized by this subsection.

(vi) The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
Md. Code, Insurance § 7-501 — MD Code / Article gin / Title 7 / Subtitle 5 / Section 7-501
§7–501.
Status: in_force

(a) This section does not apply to:

(1) a transaction that is preempted by federal law; or

(2) a transaction as to which:

(i) the laws of the jurisdiction in which the nonprofit health service plan is domiciled authorize the commissioner of that jurisdiction to investigate and approve an acquisition of direct or indirect control of a nonprofit health service plan by conversion, merger, consolidation, exercise of a right to acquire, or otherwise; and

(ii) the Commissioner:

1. receives notice from the commissioner of the other jurisdiction about the acquisition; and

2. has the right to request information and documents about that acquisition.

(b) A person shall comply with the procedures required by Subtitles 3 and 4 of this title to the extent applicable before the person seeks control of a foreign nonprofit health service plan that is authorized to do business in the State under Title 4 of this article by:

(1) making a tender for, inviting tenders of, entering into an agreement to exchange securities for, or acquiring in the open market or otherwise any voting security of the plan;

(2) entering into any other agreement about voting securities under which the person directly or indirectly would control the plan by conversion or by exercise of a right to acquire voting securities of the plan; or

(3) entering into an agreement to merge or consolidate with or otherwise to acquire control of the plan.

(c) Approval by the Commissioner of an acquisition under this section is governed by § 7-306 of this title.
Md. Code, Human Services § 7-706 — MD Code / Article ghu / Title 7 / Subtitle 7 / Section 7-706
§7–706.
Status: in_force

(a) This subtitle does not affect § 21-511 of the Transportation Article as to the right-of-way of a blind, deaf, or hard of hearing pedestrian crossing a highway.

(b) This subtitle does not require a person who rents or leases housing accommodations to modify the person’s property or provide a higher degree of care for a blind or visually impaired individual than for an individual without those disabilities.
Md. Code, State Government § 7-222 — MD Code / Article gsg / Title 7 / Subtitle 2 / Section 7-222
§7–222.
Status: in_force

A rule of court, administrative memorandum of a court, administrative order of a court, or administrative regulation of the Chief Judge of the District Court in the Code of Maryland Regulations or the Register has the effective date set in the document.
Md. Code, General Provisions § 7-206 — MD Code / Article ggp / Title 7 / Subtitle 2 / Section 7-206
§7–206.
Status: in_force

A flag of the United States or a State flag that is displayed on State property and purchased with State money must be manufactured in the United States.
Md. Code, Education § 7-431 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-431
§7–431.
Status: in_force

Each county board shall provide each student in grades six through twelve with the telephone number of the 988 Suicide and Crisis Lifeline by:

(1) Printing the telephone number prominently in the school handbook; and

(2) Printing the telephone number on a student’s school identification card, if provided.
Md. Code, Education § 7-403 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-403
§7–403.
Status: in_force

(a) (1) In cooperation with the State Board and the Maryland State Medical Society, the Maryland Department of Health shall adopt rules and regulations regarding blood tests for lead poisoning required of children entering schools.

(2) In cooperation with the State Board and the Statewide Advisory Commission on Immunizations, the Maryland Department of Health shall adopt rules and regulations regarding immunizations required of children entering schools.

(3) These rules and regulations shall:

(i) Be adopted in compliance with the Administrative Procedure Act;

(ii) Provide that any child may have the immunization administered by his personal physician; and

(iii) 1. By September 2003, in areas designated as at risk for lead poisoning, as determined under § 18–106 of the Health – General Article, when a child enters a public prekindergarten program, kindergarten program, or first grade, require the parent or legal guardian of the child to provide documentation from a health care provider, on a form developed by the Maryland Department of Health, certifying that the child has undergone blood testing for lead poisoning administered in accordance with the guidelines of the Centers for Disease Control and Prevention in the screening of young children for lead poisoning: Guidance for State and Local Public Health Officials (November 1997) and any subsequent guidelines; and

2. By September 2003, require a program or school to report the name, last known address, and telephone number of each child for whom certified documentation of a lead test is not provided under item 1 of this item, as determined by regulation, to the local health department in the jurisdiction where the child resides.

(4) Any requirement for the administration of pertussis vaccine shall be consistent with § 18–332(b) of the Health – General Article.

(b) (1) Unless the Secretary of Health declares an emergency or an epidemic of disease, a child whose parent or guardian objects to immunization on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices may not be required to present a physician’s certification of immunization in order to be admitted to school.

(2) The Secretary of Health shall adopt rules and regulations for religious exemptions under this subsection.