Md. Code, Public Utilities § 7-207 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-207
§7–207.
Status: in_force

§7–207. ** CONTINGENCY – IN EFFECT – CHAPTER 572 OF 2025 **

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

(2) “Brownfields site” means:

(i) a former industrial or commercial site identified by federal or State laws or regulation as contaminated or polluted;

(ii) a closed landfill regulated by the Department of the Environment; or

(iii) mined land.

(3) (i) “Construction” means:

1. any physical change at a site, including fabrication, erection, installation, or demolition; or

2. the entry into a binding agreement or contractual obligation to purchase equipment exclusively for use in construction in the State or to undertake a program of actual construction in the State which cannot be canceled or modified without substantial loss to the owner or operator of the proposed generating station.

(ii) “Construction” does not include a change that is needed for the temporary use of a site or route for nonutility purposes or for use in securing geological data, including any boring that is necessary to ascertain foundation conditions.

(4) “Generating station” does not include:

(i) a generating unit or facility that:

1. is used for the production of electricity;

2. has the capacity to produce not more than 2 megawatts of alternating current; and

3. is installed with equipment that prevents the flow of electricity to the electric grid during time periods when the electric grid is out of service;

(ii) a combination of two or more generating units or facilities that:

1. are used for the production of electricity from a solar photovoltaic system or an eligible customer–generator that is subject to the provisions of § 7–306 of this title;

2. are located on the same property or adjacent properties;

3. have the capacity to produce, when calculated cumulatively for all generating units or facilities on the property or adjacent property, more than 2 megawatts but not more than 14 megawatts of alternating current; and

4. for each individual generating unit or facility:

A. has the capacity to produce not more than 2 megawatts of alternating current;

B. is separately metered by the electric company; and

C. does not export electricity for sale on the wholesale market under an agreement with PJM Interconnection, LLC;

(iii) a generating unit or facility that:

1. is used for the production of electricity for the purpose of:

A. onsite emergency backup at a facility when service from the electric company is interrupted due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located; and

B. test and maintenance operations necessary to ensure functionality of the generating unit or facility in the event of a service interruption from the electric company due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located;

2. is installed with equipment that prevents the flow of electricity to the electric grid;

3. is subject to a permit to construct issued by the Department of the Environment; and

4. is installed at a facility that is part of critical infrastructure if the facility complies with all applicable regulations regarding noise level and testing hours; or

(iv) a combination of two or more generating units or facilities that satisfy item (iii) of this paragraph.

(5) (i) “Mined land” means the surface or subsurface of an area in which surface mining operations will be, are being, or have been conducted.

(ii) “Mined land” includes:

1. private ways and roads used for mining appurtenant to any surface mining area;

2. land excavations;

3. workings; and

4. overburden.

(6) “Qualified generator lead line” means an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in Maryland that is owned by an electric company.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction in the State of:

1. a generating station;

2. a qualified generator lead line; or

3. an energy storage device that is part of a proposal approved by the Commission under § 7–1206 of this title.

(ii) A person is not required to obtain a certificate of public convenience and necessity under this section if the person obtains:

1. Commission approval for construction under § 7–207.1 of this subtitle; or

2. a distributed generation certificate of public convenience and necessity under § 7–207.4 of this subtitle.

(iii) Notwithstanding subparagraph (i) of this paragraph, a person may not apply to obtain a certificate of public convenience and necessity for construction of a qualified generator lead line unless:

1. at least 90 days before the filing of an application for a certificate of public convenience and necessity, the person had in good faith offered the electric company that owns that portion of the electric grid in Maryland to which the qualified generator lead line would interconnect a full and fair opportunity for the electric company to construct the qualified generator lead line; and

2. at any time at least 10 days before the filing of an application for a certificate of public convenience and necessity, the electric company:

A. did not accept from the person a proposal or a negotiated version of the proposal under which the electric company would construct the qualified generator lead line; or

B. stated in writing that the electric company did not intend to construct the qualified generator lead line.

(iv) Notwithstanding any other provision of this section, a certificate of public convenience and necessity for the construction of a generating station that is part of a proposal approved by the Commission under § 7–1206 of this title shall be issued in accordance with § 7–207.4 of this subtitle.

(v) When a person applies for a certificate of public convenience and necessity for the construction of a generating station under this section, the application shall state whether the proposed generating station or the proposed modification is part of a proposal approved by the Commission under § 7–1206 of this title.

(vi) 1. The Commission may prioritize the review of an application for a certificate of public convenience and necessity under § 7–207.4 of this subtitle over the review of an application for a certificate of public convenience and necessity under this section.

2. The Commission may extend the time for the review of an application for a certificate of public convenience and necessity under this section if, in accordance with subsubparagraph 1 of this subparagraph, the Commission has prioritized the review of an application for a certificate of public convenience and necessity under § 7–207.4 of this subtitle over the review of the application for a certificate of public convenience and necessity under this section.

(2) Unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, and the Commission has found that the capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a person may not exercise a right of condemnation in connection with the construction of a generating station.

(3) (i) Except as provided in paragraph (4) of this subsection, unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction of an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation with the construction.

(ii) For construction related to an existing overhead transmission line, the Commission may waive the requirement in subparagraph (i) of this paragraph for good cause.

(iii) Notwithstanding subparagraph (i) of this paragraph and subject to subparagraph (iv) of this paragraph, the Commission may issue a certificate of public convenience and necessity for the construction of an overhead transmission line only if the applicant for the certificate of public convenience and necessity:

1. is an electric company; or

2. is or, on the start of commercial operation of the overhead transmission line, will be subject to regulation as a public utility by an officer or an agency of the United States.

(iv) The Commission may not issue a certificate of public convenience and necessity for the construction of an overhead transmission line in the electric distribution service territory of an electric company to an applicant other than an electric company if:

1. the overhead transmission line is to be located solely within the electric distribution service territory of that electric company; and

2. the cost of the overhead transmission line is to be paid solely by that electric company and its ratepayers.

(v) 1. This subparagraph applies to the construction of an overhead transmission line for which a certificate of public convenience and necessity is required under this section.

2. On issuance of a certificate of public convenience and necessity for the construction of an overhead transmission line, a person may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property or right necessary for the construction or maintenance of the transmission line.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, for construction related to an existing overhead transmission line designed to carry a voltage in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate of public convenience and necessity if the Commission finds that the construction does not:

1. require the person to obtain new real property or additional rights–of–way through eminent domain; or

2. require larger or higher structures to accommodate:

A. increased voltage; or

B. larger conductors.

(ii) 1. For construction related to an existing overhead transmission line, including repairs, that is necessary to avoid an imminent safety hazard or reliability risk, a person may undertake the necessary construction.

2. Within 30 days after construction is completed under subsubparagraph 1 of this subparagraph, a person shall file a report with the Commission describing the work that was completed.

(c) (1) On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice immediately or require the applicant to provide notice immediately of the application to:

(i) the Department of Planning;

(ii) the governing body, and if applicable the executive, of each county or municipal corporation in which any portion of the generating station, overhead transmission line, or qualified generator lead line is proposed to be constructed;

(iii) the governing body, and if applicable the executive, of each county or municipal corporation within 1 mile of the proposed location of the generating station, overhead transmission line, or qualified generator lead line;

(iv) each member of the General Assembly representing any part of a county in which any portion of the generating station, overhead transmission line, or qualified generator lead line is proposed to be constructed;

(v) each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the generating station, overhead transmission line, or qualified generator lead line;

(vi) for a proposed overhead transmission line, each owner of land and each owner of adjacent land; and

(vii) all other interested persons.

(2) The Commission, when sending the notice required under paragraph (1) of this subsection, shall forward a copy of the application to:

(i) each appropriate State unit and unit of local government for review, evaluation, and comment regarding the significance of the proposal to State, area–wide, and local plans or programs; and

(ii) each member of the General Assembly included under paragraph (1)(iv) and (v) of this subsection who requests a copy of the application.

(3) On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice of the application on the Commission’s social media platforms and website.

(d) (1) (i) The Commission shall provide an opportunity for public comment and hold a public hearing on the application for a certificate of public convenience and necessity in each county and municipal corporation in which any portion of the construction of a generating station, an overhead transmission line designed to carry a voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located.

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

(2) The Commission shall hold the public hearing jointly with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located, unless the governing body declines to participate in the hearing.

(3) (i) Once in each of the 4 successive weeks immediately before the hearing date, the Commission shall provide weekly notice of the public hearing and an opportunity for public comment:

1. by advertisement in a newspaper of general circulation in the county or municipal corporation affected by the application;

2. on two types of social media; and

3. on the Commission’s website.

(ii) Before a public hearing, the Commission shall coordinate with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located to identify additional options for providing, in an efficient and cost–effective manner, notice of the public hearing through other types of media that are familiar to the residents of the county or municipal corporation.

(4) (i) On the day of a public hearing, an informational sign shall be posted prominently at or near each public entrance of the building in which the public hearing will be held.

(ii) The informational sign required under subparagraph (i) of this paragraph shall:

1. state the time, room number, and subject of the public hearing; and

2. be at least 17 by 22 inches in size.

(iii) If the public hearing is conducted virtually rather than in person, the Commission shall provide information on the hearing prominently on the Commission’s website.

(5) (i) The Commission shall ensure presentation and recommendations from each interested State unit, and shall allow representatives of each State unit to sit during hearing of all parties.

(ii) The Commission shall allow each State unit 15 days after the conclusion of the hearing to modify the State unit’s initial recommendations.

(e) The Commission shall take final action on an application for a certificate of public convenience and necessity only after due consideration of:

(1) the recommendation of the governing body of each county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located;

(2) the effect of the generating station, overhead transmission line, or qualified generator lead line on:

(i) the stability and reliability of the electric system;

(ii) economics;

(iii) esthetics;

(iv) historic sites;

(v) aviation safety as determined by the Maryland Aviation Administration and the administrator of the Federal Aviation Administration;

(vi) when applicable, air quality and water pollution; and

(vii) the availability of means for the required timely disposal of wastes produced by any generating station;

(3) the effect of climate change on the generating station, overhead transmission line, or qualified generator lead line based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change;

(4) for a generating station:

(i) the consistency of the application with the comprehensive plan and zoning of each county or municipal corporation where any portion of the generating station is proposed to be located;

(ii) the efforts to resolve any issues presented by a county or municipal corporation where any portion of the generating station is proposed to be located;

(iii) the impact of the generating station on the quantity of annual and long–term statewide greenhouse gas emissions, measured in the manner specified in § 2–1202 of the Environment Article and based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change; and

(iv) the consistency of the application with the State’s climate commitments for reducing statewide greenhouse gas emissions, including those specified in Title 2, Subtitle 12 of the Environment Article; and

(5) for a solar energy generating station specified under § 7–218 of this subtitle, whether the owner of a proposed solar energy generating station complies with the site requirements under § 7–218(f) of this subtitle.

(f) For the construction of an overhead transmission line, in addition to the considerations listed in subsection (e) of this section, the Commission shall:

(1) take final action on an application for a certificate of public convenience and necessity only after due consideration of:

(i) the need to meet existing and future demand for electric service; and

(ii) for construction related to a new overhead transmission line, the alternative routes that the applicant considered, including the estimated capital and operating costs of each alternative route and a statement of the reason why the alternative route was rejected;

(2) require as an ongoing condition of the certificate of public convenience and necessity that an applicant comply with:

(i) all relevant agreements with PJM Interconnection, L.L.C., or its successors, related to the ongoing operation and maintenance of the overhead transmission line; and

(ii) all obligations imposed by the North America Electric Reliability Council and the Federal Energy Regulatory Commission related to the ongoing operation and maintenance of the overhead transmission line; and

(3) require the applicant to identify whether the overhead transmission line is proposed to be constructed on:

(i) an existing brownfields site;

(ii) property that is subject to an existing easement; or

(iii) a site where a tower structure or components of a tower structure used to support an overhead transmission line exist.

(g) (1) The Commission may not authorize, and a person may not undertake, the construction of an overhead transmission line that is aligned with and within 1 mile of either end of a public airport runway, unless:

(i) the Federal Aviation Administration determines that the construction of an overhead transmission line will not constitute a hazard to air navigation; and

(ii) the Maryland Aviation Administration concurs in that determination.

(2) A privately owned airport runway shall qualify as a public airport runway under this subsection only if the runway has been on file with the Federal Aviation Administration for at least 2 years as being open to the public without restriction.

(h) (1) A county or municipal corporation has the authority to approve or deny any local permit required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle.

(2) A county or municipal corporation shall approve or deny any local permits required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle:

(i) within a reasonable time; and

(ii) to the extent local laws are not preempted by State law, in accordance with local laws.

(3) A county or municipal corporation may not condition the approval of a local permit required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle on receipt of any of the following approvals for any aspect of a generating station, an overhead transmission line, or a qualified lead line proposed to be constructed under the certificate:

(i) a conditional use approval;

(ii) a special exception approval; or

(iii) a floating zone approval.

§7–207. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 572 OF 2025 **

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

(2) “Brownfields site” means:

(i) a former industrial or commercial site identified by federal or State laws or regulation as contaminated or polluted;

(ii) a closed landfill regulated by the Department of the Environment; or

(iii) mined land.

(3) (i) “Construction” means:

1. any physical change at a site, including fabrication, erection, installation, or demolition; or

2. the entry into a binding agreement or contractual obligation to purchase equipment exclusively for use in construction in the State or to undertake a program of actual construction in the State which cannot be canceled or modified without substantial loss to the owner or operator of the proposed generating station.

(ii) “Construction” does not include a change that is needed for the temporary use of a site or route for nonutility purposes or for use in securing geological data, including any boring that is necessary to ascertain foundation conditions.

(4) “Generating station” does not include:

(i) a generating unit or facility that:

1. is used for the production of electricity;

2. has the capacity to produce not more than 2 megawatts of alternating current; and

3. is installed with equipment that prevents the flow of electricity to the electric grid during time periods when the electric grid is out of service;

(ii) a combination of two or more generating units or facilities that:

1. are used for the production of electricity from a solar photovoltaic system or an eligible customer–generator that is subject to the provisions of § 7–306 of this title;

2. are located on the same property or adjacent properties;

3. have the capacity to produce, when calculated cumulatively for all generating units or facilities on the property or adjacent property, more than 2 megawatts but not more than 14 megawatts of alternating current; and

4. for each individual generating unit or facility:

A. has the capacity to produce not more than 2 megawatts of alternating current;

B. is separately metered by the electric company; and

C. does not export electricity for sale on the wholesale market under an agreement with PJM Interconnection, LLC;

(iii) a generating unit or facility that:

1. is used for the production of electricity for the purpose of:

A. onsite emergency backup at a facility when service from the electric company is interrupted due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located; and

B. test and maintenance operations necessary to ensure functionality of the generating unit or facility in the event of a service interruption from the electric company due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located;

2. is installed with equipment that prevents the flow of electricity to the electric grid;

3. is subject to a permit to construct issued by the Department of the Environment; and

4. is installed at a facility that is part of critical infrastructure if the facility complies with all applicable regulations regarding noise level and testing hours; or

(iv) a combination of two or more generating units or facilities that satisfy item (iii) of this paragraph.

(5) (i) “Mined land” means the surface or subsurface of an area in which surface mining operations will be, are being, or have been conducted.

(ii) “Mined land” includes:

1. private ways and roads used for mining appurtenant to any surface mining area;

2. land excavations;

3. workings; and

4. overburden.

(6) “Qualified generator lead line” means an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in Maryland that is owned by an electric company.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction in the State of:

1. a generating station;

2. a qualified generator lead line; or

3. an energy storage device that is part of a proposal approved by the Commission under § 7–1206 of this title.

(ii) If a person obtains Commission approval for construction under § 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to obtain a certificate of public convenience and necessity under this section.

(iii) Notwithstanding subparagraph (i) of this paragraph, a person may not apply to obtain a certificate of public convenience and necessity for construction of a qualified generator lead line unless:

1. at least 90 days before the filing of an application for a certificate of public convenience and necessity, the person had in good faith offered the electric company that owns that portion of the electric grid in Maryland to which the qualified generator lead line would interconnect a full and fair opportunity for the electric company to construct the qualified generator lead line; and

2. at any time at least 10 days before the filing of an application for a certificate of public convenience and necessity, the electric company:

A. did not accept from the person a proposal or a negotiated version of the proposal under which the electric company would construct the qualified generator lead line; or

B. stated in writing that the electric company did not intend to construct the qualified generator lead line.

(iv) Notwithstanding any other provision of this section, a certificate of public convenience and necessity for the construction of a generating station that is part of a proposal approved by the Commission under § 7–1206 of this title shall be issued in accordance with § 7–207.4 of this subtitle.

(v) When a person applies for a certificate of public convenience and necessity for the construction of a generating station under this section, the application shall state whether the proposed generating station or the proposed modification is part of a proposal approved by the Commission under § 7–1206 of this title.

(vi) 1. The Commission may prioritize the review of an application for a certificate of public convenience and necessity under § 7–207.4 of this subtitle over the review of an application for a certificate of public convenience and necessity under this section.

2. The Commission may extend the time for the review of an application for a certificate of public convenience and necessity under this section if, in accordance with subsubparagraph 1 of this subparagraph, the Commission has prioritized the review of an application for a certificate of public convenience and necessity under § 7–207.4 of this subtitle over the review of the application for a certificate of public convenience and necessity under this section.

(2) Unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, and the Commission has found that the capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a person may not exercise a right of condemnation in connection with the construction of a generating station.

(3) (i) Except as provided in paragraph (4) of this subsection, unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction of an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation with the construction.

(ii) For construction related to an existing overhead transmission line, the Commission may waive the requirement in subparagraph (i) of this paragraph for good cause.

(iii) Notwithstanding subparagraph (i) of this paragraph and subject to subparagraph (iv) of this paragraph, the Commission may issue a certificate of public convenience and necessity for the construction of an overhead transmission line only if the applicant for the certificate of public convenience and necessity:

1. is an electric company; or

2. is or, on the start of commercial operation of the overhead transmission line, will be subject to regulation as a public utility by an officer or an agency of the United States.

(iv) The Commission may not issue a certificate of public convenience and necessity for the construction of an overhead transmission line in the electric distribution service territory of an electric company to an applicant other than an electric company if:

1. the overhead transmission line is to be located solely within the electric distribution service territory of that electric company; and

2. the cost of the overhead transmission line is to be paid solely by that electric company and its ratepayers.

(v) 1. This subparagraph applies to the construction of an overhead transmission line for which a certificate of public convenience and necessity is required under this section.

2. On issuance of a certificate of public convenience and necessity for the construction of an overhead transmission line, a person may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property or right necessary for the construction or maintenance of the transmission line.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, for construction related to an existing overhead transmission line designed to carry a voltage in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate of public convenience and necessity if the Commission finds that the construction does not:

1. require the person to obtain new real property or additional rights–of–way through eminent domain; or

2. require larger or higher structures to accommodate:

A. increased voltage; or

B. larger conductors.

(ii) 1. For construction related to an existing overhead transmission line, including repairs, that is necessary to avoid an imminent safety hazard or reliability risk, a person may undertake the necessary construction.

2. Within 30 days after construction is completed under subsubparagraph 1 of this subparagraph, a person shall file a report with the Commission describing the work that was completed.

(c) (1) On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice immediately or require the applicant to provide notice immediately of the application to:

(i) the Department of Planning;

(ii) the governing body, and if applicable the executive, of each county or municipal corporation in which any portion of the generating station, overhead transmission line, or qualified generator lead line is proposed to be constructed;

(iii) the governing body, and if applicable the executive, of each county or municipal corporation within 1 mile of the proposed location of the generating station, overhead transmission line, or qualified generator lead line;

(iv) each member of the General Assembly representing any part of a county in which any portion of the generating station, overhead transmission line, or qualified generator lead line is proposed to be constructed;

(v) each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the generating station, overhead transmission line, or qualified generator lead line;

(vi) for a proposed overhead transmission line, each owner of land and each owner of adjacent land; and

(vii) all other interested persons.

(2) The Commission, when sending the notice required under paragraph (1) of this subsection, shall forward a copy of the application to:

(i) each appropriate State unit and unit of local government for review, evaluation, and comment regarding the significance of the proposal to State, area–wide, and local plans or programs; and

(ii) each member of the General Assembly included under paragraph (1)(iv) and (v) of this subsection who requests a copy of the application.

(3) On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice of the application on the Commission’s social media platforms and website.

(d) (1) (i) The Commission shall provide an opportunity for public comment and hold a public hearing on the application for a certificate of public convenience and necessity in each county and municipal corporation in which any portion of the construction of a generating station, an overhead transmission line designed to carry a voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located.

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

(2) The Commission shall hold the public hearing jointly with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located, unless the governing body declines to participate in the hearing.

(3) (i) Once in each of the 4 successive weeks immediately before the hearing date, the Commission shall provide weekly notice of the public hearing and an opportunity for public comment:

1. by advertisement in a newspaper of general circulation in the county or municipal corporation affected by the application;

2. on two types of social media; and

3. on the Commission’s website.

(ii) Before a public hearing, the Commission shall coordinate with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located to identify additional options for providing, in an efficient and cost–effective manner, notice of the public hearing through other types of media that are familiar to the residents of the county or municipal corporation.

(4) (i) On the day of a public hearing, an informational sign shall be posted prominently at or near each public entrance of the building in which the public hearing will be held.

(ii) The informational sign required under subparagraph (i) of this paragraph shall:

1. state the time, room number, and subject of the public hearing; and

2. be at least 17 by 22 inches in size.

(iii) If the public hearing is conducted virtually rather than in person, the Commission shall provide information on the hearing prominently on the Commission’s website.

(5) (i) The Commission shall ensure presentation and recommendations from each interested State unit, and shall allow representatives of each State unit to sit during hearing of all parties.

(ii) The Commission shall allow each State unit 15 days after the conclusion of the hearing to modify the State unit’s initial recommendations.

(e) The Commission shall take final action on an application for a certificate of public convenience and necessity only after due consideration of:

(1) the recommendation of the governing body of each county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located;

(2) the effect of the generating station, overhead transmission line, or qualified generator lead line on:

(i) the stability and reliability of the electric system;

(ii) economics;

(iii) esthetics;

(iv) historic sites;

(v) aviation safety as determined by the Maryland Aviation Administration and the administrator of the Federal Aviation Administration;

(vi) when applicable, air quality and water pollution; and

(vii) the availability of means for the required timely disposal of wastes produced by any generating station;

(3) the effect of climate change on the generating station, overhead transmission line, or qualified generator lead line based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change;

(4) for a generating station:

(i) the consistency of the application with the comprehensive plan and zoning of each county or municipal corporation where any portion of the generating station is proposed to be located;

(ii) the efforts to resolve any issues presented by a county or municipal corporation where any portion of the generating station is proposed to be located;

(iii) the impact of the generating station on the quantity of annual and long–term statewide greenhouse gas emissions, measured in the manner specified in § 2–1202 of the Environment Article and based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change; and

(iv) the consistency of the application with the State’s climate commitments for reducing statewide greenhouse gas emissions, including those specified in Title 2, Subtitle 12 of the Environment Article; and

(5) for a solar energy generating station specified under § 7–218 of this subtitle, whether the owner of a proposed solar energy generating station complies with the site requirements under § 7–218(f) of this subtitle.

(f) For the construction of an overhead transmission line, in addition to the considerations listed in subsection (e) of this section, the Commission shall:

(1) take final action on an application for a certificate of public convenience and necessity only after due consideration of:

(i) the need to meet existing and future demand for electric service; and

(ii) for construction related to a new overhead transmission line, the alternative routes that the applicant considered, including the estimated capital and operating costs of each alternative route and a statement of the reason why the alternative route was rejected;

(2) require as an ongoing condition of the certificate of public convenience and necessity that an applicant comply with:

(i) all relevant agreements with PJM Interconnection, L.L.C., or its successors, related to the ongoing operation and maintenance of the overhead transmission line; and

(ii) all obligations imposed by the North America Electric Reliability Council and the Federal Energy Regulatory Commission related to the ongoing operation and maintenance of the overhead transmission line;

(3) require the applicant to identify whether the overhead transmission line is proposed to be constructed on:

(i) an existing brownfields site;

(ii) property that is subject to an existing easement; or

(iii) a site where a tower structure or components of a tower structure used to support an overhead transmission line exist; and

(4) for the construction of an overhead transmission line in an area specified in § 5–1203(b)(2)(ii), (y)(2), or (kk)(1)(ii) of the Natural Resources Article, require that an applicant provide wildland impact mitigation guarantees, including working with the Department of Natural Resources to acquire and replace the Type 1 State wildland acreage that is lost as a result of the transmission line with acreage that is twice the size and is suitable for designation as wildland acreage, and to develop and implement a land conservation management plan for the area affected by the transmission line that supports wildlife habitats.

(g) (1) The Commission may not authorize, and a person may not undertake, the construction of an overhead transmission line that is aligned with and within 1 mile of either end of a public airport runway, unless:

(i) the Federal Aviation Administration determines that the construction of an overhead transmission line will not constitute a hazard to air navigation; and

(ii) the Maryland Aviation Administration concurs in that determination.

(2) A privately owned airport runway shall qualify as a public airport runway under this subsection only if the runway has been on file with the Federal Aviation Administration for at least 2 years as being open to the public without restriction.

(h) (1) A county or municipal corporation has the authority to approve or deny any local permit required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle.

(2) A county or municipal corporation shall approve or deny any local permits required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle:

(i) within a reasonable time; and

(ii) to the extent local laws are not preempted by State law, in accordance with local laws.

(3) A county or municipal corporation may not condition the approval of a local permit required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle on receipt of any of the following approvals for any aspect of a generating station, an overhead transmission line, or a qualified lead line proposed to be constructed under the certificate:

(i) a conditional use approval;

(ii) a special exception approval; or

(iii) a floating zone approval.

§7–207. ** CONTINGENCY – IN EFFECT – CHAPTER 572 OF 2025 **

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 626 AND 625 OF 2025 //

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

(2) “Brownfields site” means:

(i) a former industrial or commercial site identified by federal or State laws or regulation as contaminated or polluted;

(ii) a closed landfill regulated by the Department of the Environment; or

(iii) mined land.

(3) (i) “Construction” means:

1. any physical change at a site, including fabrication, erection, installation, or demolition; or

2. the entry into a binding agreement or contractual obligation to purchase equipment exclusively for use in construction in the State or to undertake a program of actual construction in the State which cannot be canceled or modified without substantial loss to the owner or operator of the proposed generating station.

(ii) “Construction” does not include a change that is needed for the temporary use of a site or route for nonutility purposes or for use in securing geological data, including any boring that is necessary to ascertain foundation conditions.

(4) “Generating station” does not include:

(i) a generating unit or facility that:

1. is used for the production of electricity;

2. has the capacity to produce not more than 2 megawatts of alternating current; and

3. is installed with equipment that prevents the flow of electricity to the electric grid during time periods when the electric grid is out of service;

(ii) a combination of two or more generating units or facilities that:

1. are used for the production of electricity from a solar photovoltaic system or an eligible customer–generator that is subject to the provisions of § 7–306 of this title;

2. are located on the same property or adjacent properties;

3. have the capacity to produce, when calculated cumulatively for all generating units or facilities on the property or adjacent property, more than 2 megawatts but not more than 14 megawatts of alternating current; and

4. for each individual generating unit or facility:

A. has the capacity to produce not more than 2 megawatts of alternating current;

B. is separately metered by the electric company; and

C. does not export electricity for sale on the wholesale market under an agreement with PJM Interconnection, LLC;

(iii) a generating unit or facility that:

1. is used for the production of electricity for the purpose of:

A. onsite emergency backup at a facility when service from the electric company is interrupted due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located; and

B. test and maintenance operations necessary to ensure functionality of the generating unit or facility in the event of a service interruption from the electric company due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located;

2. is installed with equipment that prevents the flow of electricity to the electric grid;

3. is subject to a permit to construct issued by the Department of the Environment; and

4. is installed at a facility that is part of critical infrastructure if the facility complies with all applicable regulations regarding noise level and testing hours; or

(iv) a combination of two or more generating units or facilities that satisfy item (iii) of this paragraph.

(5) (i) “Mined land” means the surface or subsurface of an area in which surface mining operations will be, are being, or have been conducted.

(ii) “Mined land” includes:

1. private ways and roads used for mining appurtenant to any surface mining area;

2. land excavations;

3. workings; and

4. overburden.

(6) “Qualified generator lead line” means an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in Maryland that is owned by an electric company.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction in the State of:

1. a generating station;

2. a qualified generator lead line; or

3. an energy storage device that is part of a proposal approved by the Commission under § 7–1206 of this title.

(ii) A person is not required to obtain a certificate of public convenience and necessity under this section if the person obtains:

1. Commission approval for construction under § 7–207.1 of this subtitle; or

2. a distributed generation certificate of public convenience and necessity under § 7–207.4 of this subtitle.

(iii) Notwithstanding subparagraph (i) of this paragraph, a person may not apply to obtain a certificate of public convenience and necessity for construction of a qualified generator lead line unless:

1. at least 90 days before the filing of an application for a certificate of public convenience and necessity, the person had in good faith offered the electric company that owns that portion of the electric grid in Maryland to which the qualified generator lead line would interconnect a full and fair opportunity for the electric company to construct the qualified generator lead line; and

2. at any time at least 10 days before the filing of an application for a certificate of public convenience and necessity, the electric company:

A. did not accept from the person a proposal or a negotiated version of the proposal under which the electric company would construct the qualified generator lead line; or

B. stated in writing that the electric company did not intend to construct the qualified generator lead line.

(iv) Notwithstanding any other provision of this section, a certificate of public convenience and necessity for the construction of a generating station that is part of a proposal approved by the Commission under § 7–1206 of this title shall be issued in accordance with § 7–207.4 of this subtitle.

(v) When a person applies for a certificate of public convenience and necessity for the construction of a generating station under this section, the application shall state whether the proposed generating station or the proposed modification is part of a proposal approved by the Commission under § 7–1206 of this title.

(vi) 1. The Commission may prioritize the review of an application for a certificate of public convenience and necessity under § 7–207.4 of this subtitle over the review of an application for a certificate of public convenience and necessity under this section.

2. The Commission may extend the time for the review of an application for a certificate of public convenience and necessity under this section if, in accordance with subsubparagraph 1 of this subparagraph, the Commission has prioritized the review of an application for a certificate of public convenience and necessity under § 7–207.4 of this subtitle over the review of the application for a certificate of public convenience and necessity under this section.

(2) Unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, and the Commission has found that the capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a person may not exercise a right of condemnation in connection with the construction of a generating station.

(3) (i) Except as provided in paragraph (4) of this subsection, unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction of an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation with the construction.

(ii) For construction related to an existing overhead transmission line, the Commission may waive the requirement in subparagraph (i) of this paragraph for good cause.

(iii) Notwithstanding subparagraph (i) of this paragraph and subject to subparagraph (iv) of this paragraph, the Commission may issue a certificate of public convenience and necessity for the construction of an overhead transmission line only if the applicant for the certificate of public convenience and necessity:

1. is an electric company; or

2. is or, on the start of commercial operation of the overhead transmission line, will be subject to regulation as a public utility by an officer or an agency of the United States.

(iv) The Commission may not issue a certificate of public convenience and necessity for the construction of an overhead transmission line in the electric distribution service territory of an electric company to an applicant other than an electric company if:

1. the overhead transmission line is to be located solely within the electric distribution service territory of that electric company; and

2. the cost of the overhead transmission line is to be paid solely by that electric company and its ratepayers.

(v) 1. This subparagraph applies to the construction of an overhead transmission line for which a certificate of public convenience and necessity is required under this section.

2. On issuance of a certificate of public convenience and necessity for the construction of an overhead transmission line, a person may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property or right necessary for the construction or maintenance of the transmission line.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, for construction related to an existing overhead transmission line designed to carry a voltage in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate of public convenience and necessity if the Commission finds that the construction does not:

1. require the person to obtain new real property or additional rights–of–way through eminent domain; or

2. require larger or higher structures to accommodate:

A. increased voltage; or

B. larger conductors.

(ii) 1. For construction related to an existing overhead transmission line, including repairs, that is necessary to avoid an imminent safety hazard or reliability risk, a person may undertake the necessary construction.

2. Within 30 days after construction is completed under subsubparagraph 1 of this subparagraph, a person shall file a report with the Commission describing the work that was completed.

(c) (1) On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice immediately or require the applicant to provide notice immediately of the application to:

(i) the Department of Planning;

(ii) the governing body, and if applicable the executive, of each county or municipal corporation in which any portion of the generating station, overhead transmission line, or qualified generator lead line is proposed to be constructed;

(iii) the governing body, and if applicable the executive, of each county or municipal corporation within 1 mile of the proposed location of the generating station, overhead transmission line, or qualified generator lead line;

(iv) each member of the General Assembly representing any part of a county in which any portion of the generating station, overhead transmission line, or qualified generator lead line is proposed to be constructed;

(v) each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the generating station, overhead transmission line, or qualified generator lead line;

(vi) for a proposed overhead transmission line, each owner of land and each owner of adjacent land; and

(vii) all other interested persons.

(2) The Commission, when sending the notice required under paragraph (1) of this subsection, shall forward a copy of the application to:

(i) each appropriate State unit and unit of local government for review, evaluation, and comment regarding the significance of the proposal to State, area–wide, and local plans or programs; and

(ii) each member of the General Assembly included under paragraph (1)(iv) and (v) of this subsection who requests a copy of the application.

(3) On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice of the application on the Commission’s social media platforms and website.

(d) (1) (i) The Commission shall provide an opportunity for public comment and hold a public hearing on the application for a certificate of public convenience and necessity in each county and municipal corporation in which any portion of the construction of a generating station, an overhead transmission line designed to carry a voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located.

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

(2) The Commission shall hold the public hearing jointly with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located, unless the governing body declines to participate in the hearing.

(3) (i) Once in each of the 4 successive weeks immediately before the hearing date, the Commission shall provide weekly notice of the public hearing and an opportunity for public comment:

1. by advertisement in a newspaper of general circulation in the county or municipal corporation affected by the application;

2. on two types of social media; and

3. on the Commission’s website.

(ii) Before a public hearing, the Commission shall coordinate with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located to identify additional options for providing, in an efficient and cost–effective manner, notice of the public hearing through other types of media that are familiar to the residents of the county or municipal corporation.

(4) (i) On the day of a public hearing, an informational sign shall be posted prominently at or near each public entrance of the building in which the public hearing will be held.

(ii) The informational sign required under subparagraph (i) of this paragraph shall:

1. state the time, room number, and subject of the public hearing; and

2. be at least 17 by 22 inches in size.

(iii) If the public hearing is conducted virtually rather than in person, the Commission shall provide information on the hearing prominently on the Commission’s website.

(5) (i) The Commission shall ensure presentation and recommendations from each interested State unit, and shall allow representatives of each State unit to sit during hearing of all parties.

(ii) The Commission shall allow each State unit 15 days after the conclusion of the hearing to modify the State unit’s initial recommendations.

(e) The Commission shall take final action on an application for a certificate of public convenience and necessity only after due consideration of:

(1) the recommendation of the governing body of each county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located;

(2) the effect of the generating station, overhead transmission line, or qualified generator lead line on:

(i) the stability and reliability of the electric system;

(ii) economics;

(iii) esthetics;

(iv) historic sites;

(v) aviation safety as determined by the Maryland Aviation Administration and the administrator of the Federal Aviation Administration;

(vi) when applicable, air quality and water pollution; and

(vii) the availability of means for the required timely disposal of wastes produced by any generating station;

(3) the effect of climate change on the generating station, overhead transmission line, or qualified generator lead line based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change;

(4) for a generating station:

(i) the consistency of the application with the comprehensive plan and zoning of each county or municipal corporation where any portion of the generating station is proposed to be located;

(ii) the efforts to resolve any issues presented by a county or municipal corporation where any portion of the generating station is proposed to be located;

(iii) the impact of the generating station on the quantity of annual and long–term statewide greenhouse gas emissions, measured in the manner specified in § 2–1202 of the Environment Article and based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change; and

(iv) the consistency of the application with the State’s climate commitments for reducing statewide greenhouse gas emissions, including those specified in Title 2, Subtitle 12 of the Environment Article; and

(5) for a solar energy generating station specified under § 7–218 of this subtitle, whether the owner of a proposed solar energy generating station complies with the site requirements under § 7–218(f) of this subtitle.

(f) For the construction of an overhead transmission line, in addition to the considerations listed in subsection (e) of this section, the Commission shall:

(1) take final action on an application for a certificate of public convenience and necessity only after due consideration of:

(i) the need to meet existing and future demand for electric service; and

(ii) for construction related to a new overhead transmission line, the alternative routes that the applicant considered, including the estimated capital and operating costs of each alternative route and a statement of the reason why the alternative route was rejected;

(2) require as an ongoing condition of the certificate of public convenience and necessity that an applicant comply with:

(i) all relevant agreements with PJM Interconnection, LLC, or its successors, related to the ongoing operation and maintenance of the overhead transmission line; and

(ii) all obligations imposed by the North America Electric Reliability Council and the Federal Energy Regulatory Commission related to the ongoing operation and maintenance of the overhead transmission line; and

(3) require the applicant to identify whether the overhead transmission line is proposed to be constructed on:

(i) an existing brownfields site;

(ii) property that is subject to an existing easement; or

(iii) a site where a tower structure or components of a tower structure used to support an overhead transmission line exist.

(4) for the construction of an overhead transmission line in an area specified in § 5–1203(b)(2)(ii), (y)(2), or (kk)(1)(ii) of the Natural Resources Article, require that an applicant provide wildland impact mitigation guarantees, including working with the Department of Natural Resources to acquire and replace the Type 1 State wildland acreage that is lost as a result of the transmission line with acreage that is twice the size and is suitable for designation as wildland acreage, and to develop and implement a land conservation management plan for the area affected by the transmission line that supports wildlife habitats.

(g) (1) The Commission may not authorize, and a person may not undertake, the construction of an overhead transmission line that is aligned with and within 1 mile of either end of a public airport runway, unless:

(i) the Federal Aviation Administration determines that the construction of an overhead transmission line will not constitute a hazard to air navigation; and

(ii) the Maryland Aviation Administration concurs in that determination.

(2) A privately owned airport runway shall qualify as a public airport runway under this subsection only if the runway has been on file with the Federal Aviation Administration for at least 2 years as being open to the public without restriction.

(h) (1) A county or municipal corporation has the authority to approve or deny any local permit required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle.

(2) A county or municipal corporation shall approve or deny any local permits required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle:

(i) within a reasonable time; and

(ii) to the extent local laws are not preempted by State law, in accordance with local laws.

(3) A county or municipal corporation may not condition the approval of a local permit required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle on receipt of any of the following approvals for any aspect of a generating station, an overhead transmission line, or a qualified lead line proposed to be constructed under the certificate:

(i) a conditional use approval;

(ii) a special exception approval; or

(iii) a floating zone approval.

§7–207. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 572 OF 2025 **

// EFFECTIVE JUNE 30, 2030 PER CHAPTERS 625 AND 626 OF 2025 //

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

(2) “Brownfields site” means:

(i) a former industrial or commercial site identified by federal or State laws or regulation as contaminated or polluted;

(ii) a closed landfill regulated by the Department of the Environment; or

(iii) mined land.

(3) (i) “Construction” means:

1. any physical change at a site, including fabrication, erection, installation, or demolition; or

2. the entry into a binding agreement or contractual obligation to purchase equipment exclusively for use in construction in the State or to undertake a program of actual construction in the State which cannot be canceled or modified without substantial loss to the owner or operator of the proposed generating station.

(ii) “Construction” does not include a change that is needed for the temporary use of a site or route for nonutility purposes or for use in securing geological data, including any boring that is necessary to ascertain foundation conditions.

(4) “Generating station” does not include:

(i) a generating unit or facility that:

1. is used for the production of electricity;

2. has the capacity to produce not more than 2 megawatts of alternating current; and

3. is installed with equipment that prevents the flow of electricity to the electric grid during time periods when the electric grid is out of service;

(ii) a combination of two or more generating units or facilities that:

1. are used for the production of electricity from a solar photovoltaic system or an eligible customer–generator that is subject to the provisions of § 7–306 of this title;

2. are located on the same property or adjacent properties;

3. have the capacity to produce, when calculated cumulatively for all generating units or facilities on the property or adjacent property, more than 2 megawatts but not more than 14 megawatts of alternating current; and

4. for each individual generating unit or facility:

A. has the capacity to produce not more than 2 megawatts of alternating current;

B. is separately metered by the electric company; and

C. does not export electricity for sale on the wholesale market under an agreement with PJM Interconnection, LLC;

(iii) a generating unit or facility that:

1. is used for the production of electricity for the purpose of:

A. onsite emergency backup at a facility when service from the electric company is interrupted due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located; and

B. test and maintenance operations necessary to ensure functionality of the generating unit or facility in the event of a service interruption from the electric company due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located;

2. is installed with equipment that prevents the flow of electricity to the electric grid;

3. is subject to a permit to construct issued by the Department of the Environment; and

4. is installed at a facility that is part of critical infrastructure if the facility complies with all applicable regulations regarding noise level and testing hours; or

(iv) a combination of two or more generating units or facilities that satisfy item (iii) of this paragraph.

(5) (i) “Mined land” means the surface or subsurface of an area in which surface mining operations will be, are being, or have been conducted.

(ii) “Mined land” includes:

1. private ways and roads used for mining appurtenant to any surface mining area;

2. land excavations;

3. workings; and

4. overburden.

(6) “Qualified generator lead line” means an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in Maryland that is owned by an electric company.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction in the State of:

1. a generating station; or

2. a qualified generator lead line.

(ii) A person is not required to obtain a certificate of public convenience and necessity under this section if the person obtains:

1. Commission approval for construction under § 7–207.1 of this subtitle; or

2. a distributed generation certificate of public convenience and necessity under § 7–207.4 of this subtitle.

(iii) Notwithstanding subparagraph (i) of this paragraph, a person may not apply to obtain a certificate of public convenience and necessity for construction of a qualified generator lead line unless:

1. at least 90 days before the filing of an application for a certificate of public convenience and necessity, the person had in good faith offered the electric company that owns that portion of the electric grid in Maryland to which the qualified generator lead line would interconnect a full and fair opportunity for the electric company to construct the qualified generator lead line; and

2. at any time at least 10 days before the filing of an application for a certificate of public convenience and necessity, the electric company:

A. did not accept from the person a proposal or a negotiated version of the proposal under which the electric company would construct the qualified generator lead line; or

B. stated in writing that the electric company did not intend to construct the qualified generator lead line.

(2) Unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, and the Commission has found that the capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a person may not exercise a right of condemnation in connection with the construction of a generating station.

(3) (i) Except as provided in paragraph (4) of this subsection, unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction of an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation with the construction.

(ii) For construction related to an existing overhead transmission line, the Commission may waive the requirement in subparagraph (i) of this paragraph for good cause.

(iii) Notwithstanding subparagraph (i) of this paragraph and subject to subparagraph (iv) of this paragraph, the Commission may issue a certificate of public convenience and necessity for the construction of an overhead transmission line only if the applicant for the certificate of public convenience and necessity:

1. is an electric company; or

2. is or, on the start of commercial operation of the overhead transmission line, will be subject to regulation as a public utility by an officer or an agency of the United States.

(iv) The Commission may not issue a certificate of public convenience and necessity for the construction of an overhead transmission line in the electric distribution service territory of an electric company to an applicant other than an electric company if:

1. the overhead transmission line is to be located solely within the electric distribution service territory of that electric company; and

2. the cost of the overhead transmission line is to be paid solely by that electric company and its ratepayers.

(v) 1. This subparagraph applies to the construction of an overhead transmission line for which a certificate of public convenience and necessity is required under this section.

2. On issuance of a certificate of public convenience and necessity for the construction of an overhead transmission line, a person may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property or right necessary for the construction or maintenance of the transmission line.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, for construction related to an existing overhead transmission line designed to carry a voltage in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate of public convenience and necessity if the Commission finds that the construction does not:

1. require the person to obtain new real property or additional rights–of–way through eminent domain; or

2. require larger or higher structures to accommodate:

A. increased voltage; or

B. larger conductors.

(ii) 1. For construction related to an existing overhead transmission line, including repairs, that is necessary to avoid an imminent safety hazard or reliability risk, a person may undertake the necessary construction.

2. Within 30 days after construction is completed under subsubparagraph 1 of this subparagraph, a person shall file a report with the Commission describing the work that was completed.

(c) (1) On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice immediately or require the applicant to provide notice immediately of the application to:

(i) the Department of Planning;

(ii) the governing body, and if applicable the executive, of each county or municipal corporation in which any portion of the generating station, overhead transmission line, or qualified generator lead line is proposed to be constructed;

(iii) the governing body, and if applicable the executive, of each county or municipal corporation within 1 mile of the proposed location of the generating station, overhead transmission line, or qualified generator lead line;

(iv) each member of the General Assembly representing any part of a county in which any portion of the generating station, overhead transmission line, or qualified generator lead line is proposed to be constructed;

(v) each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the generating station, overhead transmission line, or qualified generator lead line;

(vi) for a proposed overhead transmission line, each owner of land and each owner of adjacent land; and

(vii) all other interested persons.

(2) The Commission, when sending the notice required under paragraph (1) of this subsection, shall forward a copy of the application to:

(i) each appropriate State unit and unit of local government for review, evaluation, and comment regarding the significance of the proposal to State, area–wide, and local plans or programs; and

(ii) each member of the General Assembly included under paragraph (1)(iv) and (v) of this subsection who requests a copy of the application.

(3) On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice of the application on the Commission’s social media platforms and website.

(d) (1) (i) The Commission shall provide an opportunity for public comment and hold a public hearing on the application for a certificate of public convenience and necessity in each county and municipal corporation in which any portion of the construction of a generating station, an overhead transmission line designed to carry a voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located.

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

(2) The Commission shall hold the public hearing jointly with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located, unless the governing body declines to participate in the hearing.

(3) (i) Once in each of the 4 successive weeks immediately before the hearing date, the Commission shall provide weekly notice of the public hearing and an opportunity for public comment:

1. by advertisement in a newspaper of general circulation in the county or municipal corporation affected by the application;

2. on two types of social media; and

3. on the Commission’s website.

(ii) Before a public hearing, the Commission shall coordinate with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located to identify additional options for providing, in an efficient and cost–effective manner, notice of the public hearing through other types of media that are familiar to the residents of the county or municipal corporation.

(4) (i) On the day of a public hearing, an informational sign shall be posted prominently at or near each public entrance of the building in which the public hearing will be held.

(ii) The informational sign required under subparagraph (i) of this paragraph shall:

1. state the time, room number, and subject of the public hearing; and

2. be at least 17 by 22 inches in size.

(iii) If the public hearing is conducted virtually rather than in person, the Commission shall provide information on the hearing prominently on the Commission’s website.

(5) (i) The Commission shall ensure presentation and recommendations from each interested State unit, and shall allow representatives of each State unit to sit during hearing of all parties.

(ii) The Commission shall allow each State unit 15 days after the conclusion of the hearing to modify the State unit’s initial recommendations.

(e) The Commission shall take final action on an application for a certificate of public convenience and necessity only after due consideration of:

(1) the recommendation of the governing body of each county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located;

(2) the effect of the generating station, overhead transmission line, or qualified generator lead line on:

(i) the stability and reliability of the electric system;

(ii) economics;

(iii) esthetics;

(iv) historic sites;

(v) aviation safety as determined by the Maryland Aviation Administration and the administrator of the Federal Aviation Administration;

(vi) when applicable, air quality and water pollution; and

(vii) the availability of means for the required timely disposal of wastes produced by any generating station;

(3) the effect of climate change on the generating station, overhead transmission line, or qualified generator lead line based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change;

(4) for a generating station:

(i) the consistency of the application with the comprehensive plan and zoning of each county or municipal corporation where any portion of the generating station is proposed to be located;

(ii) the efforts to resolve any issues presented by a county or municipal corporation where any portion of the generating station is proposed to be located;

(iii) the impact of the generating station on the quantity of annual and long–term statewide greenhouse gas emissions, measured in the manner specified in § 2–1202 of the Environment Article and based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change; and

(iv) the consistency of the application with the State’s climate commitments for reducing statewide greenhouse gas emissions, including those specified in Title 2, Subtitle 12 of the Environment Article; and

(5) for a solar energy generating station specified under § 7–218 of this subtitle, whether the owner of a proposed solar energy generating station complies with the site requirements under § 7–218(f) of this subtitle.

(f) For the construction of an overhead transmission line, in addition to the considerations listed in subsection (e) of this section, the Commission shall:

(1) take final action on an application for a certificate of public convenience and necessity only after due consideration of:

(i) the need to meet existing and future demand for electric service; and

(ii) for construction related to a new overhead transmission line, the alternative routes that the applicant considered, including the estimated capital and operating costs of each alternative route and a statement of the reason why the alternative route was rejected;

(2) require as an ongoing condition of the certificate of public convenience and necessity that an applicant comply with:

(i) all relevant agreements with PJM Interconnection, LLC, or its successors, related to the ongoing operation and maintenance of the overhead transmission line; and

(ii) all obligations imposed by the North America Electric Reliability Council and the Federal Energy Regulatory Commission related to the ongoing operation and maintenance of the overhead transmission line; and

(3) require the applicant to identify whether the overhead transmission line is proposed to be constructed on:

(i) an existing brownfields site;

(ii) property that is subject to an existing easement; or

(iii) a site where a tower structure or components of a tower structure used to support an overhead transmission line exist.

(g) (1) The Commission may not authorize, and a person may not undertake, the construction of an overhead transmission line that is aligned with and within 1 mile of either end of a public airport runway, unless:

(i) the Federal Aviation Administration determines that the construction of an overhead transmission line will not constitute a hazard to air navigation; and

(ii) the Maryland Aviation Administration concurs in that determination.

(2) A privately owned airport runway shall qualify as a public airport runway under this subsection only if the runway has been on file with the Federal Aviation Administration for at least 2 years as being open to the public without restriction.

(h) (1) A county or municipal corporation has the authority to approve or deny any local permit required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle.

(2) A county or municipal corporation shall approve or deny any local permits required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle:

(i) within a reasonable time; and

(ii) to the extent local laws are not preempted by State law, in accordance with local laws.

(3) A county or municipal corporation may not condition the approval of a local permit required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle on receipt of any of the following approvals for any aspect of a generating station, an overhead transmission line, or a qualified lead line proposed to be constructed under the certificate:

(i) a conditional use approval;

(ii) a special exception approval; or

(iii) a floating zone approval.
Md. Code, State Finance and Procurement § 7-402 — MD Code / Article gsf / Title 7 / Subtitle 4 / Section 7-402
§7–402.
Status: in_force

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

(2) “Social organization” means an association or corporation that is operated for a charitable, cultural, educational, historical, humane, industrial, medical, or military purpose.

(3) “State aid” means a contribution, grant, or subsidy of money from the State Treasury.

(b) (1) Each social organization that, by statute, is to receive State aid shall make an agreement:

(i) with the unit of the State government to which the money for the State aid has been appropriated; or

(ii) if the money is not appropriated to a unit, with the Comptroller.

(2) An agreement under this subsection shall:

(i) define the purposes and terms of the State aid; and

(ii) require the social organization to submit to the unit or Comptroller a report on expenditure of the State aid.

(c) (1) Unless the agreement sets another date for submission of the report, a social organization shall submit the report on or before September 1 after the close of the fiscal year in which the social organization received the State aid.

(2) The report shall:

(i) contain an itemized statement that fully and accurately accounts for how the State aid was spent; and

(ii) be verified:

1. by an officer of the social organization; or

2. for a military organization, by the commanding officer.

(d) After a unit or the Comptroller receives a report under this section, the unit or Comptroller:

(1) shall determine whether the social organization has spent and accounted for the State aid in accordance with the agreement; and

(2) if the unit or Comptroller finds inconsistencies between the agreement and the expenditures or operations of the social organization, shall give the Department of Budget and Management and, subject to § 2-1257 of the State Government Article, the Department of Legislative Services notice of the inconsistencies.

(e) To ensure compliance with this section, the unit or the Comptroller may audit the financial records of a social organization.
Md. Code, Education § 7-809 — MD Code / Article ged / Title 7 / Subtitle 8 / Section 7-809
§7–809.
Status: in_force

In Montgomery County, notwithstanding any other provision of law, the Montgomery County Board of Education may utilize a school bus with doors that lock to transport students in the county if the school bus’s locking system prevents the school bus from being operated when any bus exit is locked.
Md. Code, Corporations and Associations § 7-101 — MD Code / Article gca / Title 7 / Subtitle 1 / Section 7-101
§7–101.
Status: in_force

Any foreign corporation may register its name in this State as provided under Title 1, Subtitle 5 of this article.
Md. Code, Education § 7-1502 — MD Code / Article ged / Title 7 / Subtitle 15 / Section 7-1502
§7–1502.
Status: in_force

(a) There is a Maryland Center for School Safety.

(b) The Center is an independent unit within the Department.

(c) The Center shall be based at the Maryland Coordination and Analysis Center.

(d) The head of the Center is the executive director, who shall be appointed by the Subcabinet.

(e) The Center may employ the additional staff necessary to carry out the Center’s functions as provided in the State budget.

(f) The Center shall establish a satellite office at Bowie State University.

(g) The Center shall perform the following functions and duties:

(1) Provide technical assistance and consultation to local school systems, State and local government, and community organizations on best practices for safe schools and violence prevention;

(2) Develop a website containing a searchable database of definitive research, books, videos, white papers, speakers, websites, and other school safety resources;

(3) Develop criteria that may be applied consistently and uniformly in local school systems for coding unsafe incidents and serious or violent offenses;

(4) Research and recommend the use of common assessment tools to be used to identify specific problems and needs of schools and neighborhoods to facilitate intervention before assessed findings become problematic;

(5) Assist local school systems to conduct a thorough assessment of their school safety data, school building layouts, and use of human resources for monitoring purposes to determine the need for:

(i) Surveillance and other security technology; and

(ii) Innovations to maximize the use of human resources to monitor activity and influence positive relationship building;

(6) Maintain and maximize relationships with emergency responders, law enforcement personnel, parents, and other emergency preparedness stakeholders to ensure seamless execution in an emergency event, including:

(i) Consolidate resources among stakeholders to maximize support and secure necessary skills to ensure emergency plan implementation;

(ii) Conduct collaborative training and preparation exercises; and

(iii) Identify improvements and ensure nonduplication of effort in emergency response procedures;

(7) Provide safety information on traveling to and from school to parents and students twice a year that includes data related to bus and pedestrian safety, strategies for ensuring personal safety, efforts of the local school system or school to improve safety, and information on the available options for reporting incidents or concerns;

(8) Utilize and update an existing clearinghouse of law enforcement resources that are available to support school safety to ensure that it includes information regarding the purpose and process for accessing available funding;

(9) Assist local school systems to improve and monitor traffic control measures in the immediate vicinity of schools to reduce the potential for pedestrian and vehicle accidents;

(10) Assist the Department to evaluate and update current data systems to ensure they are best suited for providing useful information on school safety issues;

(11) Assist local school systems to monitor local school system and individual school behavior data to ensure fairness in the application of consequences for student misbehavior;

(12) Assist the Department and local school systems:

(i) To prepare an annual report that combines multiple school safety data systems into one format for public review; and

(ii) To incorporate new data points into existing data collection systems;

(13) Assist in the development of safety and security criteria for the design and operation of school facilities;

(14) Assist local school systems to identify resources and implement training for students and parents about relationship violence, identifying the signs of unhealthy relationships, and preventing relationship violence;

(15) Provide technical assistance to local school systems in the review of safety and security audits and the implementation of improvements in school facilities;

(16) Analyze data on school resource officers and develop guidelines and training for local school systems as required under § 7–1508 of this subtitle;

(17) Certify school safety coordinators as required under § 7–1508 of this subtitle;

(18) Submit to the General Assembly and the Governor a summary of reports on school resource officer and local law enforcement agency coverage in public schools as required under § 7–1508 of this subtitle;

(19) Consult with local school systems on safety evaluations developed under § 7–1510 of this subtitle;

(20) Review and comment on school emergency plans developed under § 7–1510 of this subtitle;

(21) Report to the General Assembly and the Governor on life–threatening incidents as required under § 7–1510 of this subtitle;

(22) Collaborate with an institution of higher education or a designated federal or national research entity to study the effectiveness and psychological impact of active shooter safety drills or trainings by researching and analyzing the data collected from local school systems in accordance with § 7–1509(f) of this subtitle;

(23) On or before October 1, 2024, identify best practices for active shooter safety drills or trainings, and periodically update those identifications using the data collected from local school systems in accordance with § 7–1509(f) of this subtitle; and

(24) Administer the Secure Schools Emergency Response Grant Program under § 7–1513 of this subtitle.
Md. Code, State Personnel and Pensions § 7-207 — MD Code / Article gsp / Title 7 / Subtitle 2 / Section 7-207
§7–207.
Status: in_force

(a) A credit under this section shall be applied to an applicant’s score on any selection test administered to establish placement on a list of eligible candidates for which the applicant otherwise is qualified and has at least the minimum passing score on a selection test.

(b) For a current State employee, an appointing authority shall apply a credit on a selection test, of one–quarter point for each year of service in State government, up to a maximum of five points for 20 years of State service.

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

(ii) “Eligible spouse” means an individual who is married to an active service member.

(iii) “Eligible veteran” means a veteran who has received an honorable discharge or a certificate of satisfactory completion of service, including a reserve component.

(2) (i) An appointing authority shall apply a credit of 10 points on any selection test for:

1. an eligible spouse;

2. an eligible veteran;

3. the spouse of an eligible veteran who has a service connected disability; or

4. the surviving spouse of a deceased eligible veteran.

(ii) An appointing authority shall apply a credit of two additional points on any selection test for a former prisoner of war.

(3) The following applicants are ineligible for a credit under this subsection:

(i) a current State employee; and

(ii) an eligible veteran who is convicted of a crime after being discharged from or completing military service.

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

(ii) “Adjacent county” means any county adjacent to a host county.

(iii) “Host county” means any county in which a qualified prison facility is located.

(iv) “Qualified prison facility” means any new State correctional institution of 750 beds or more constructed for the Division of Correction of the Department of Public Safety and Correctional Services on or after January 1, 1985.

(2) In the selection process for an initial appointment to any position in a qualified prison facility, an appointing authority shall allow five points to each resident of the host county or an adjacent county if, in the most recent 12–month period for which data is available as reported by the Maryland Department of Labor, that county had an average unemployment rate that is more than 1.5 times the State unemployment rate as a whole.

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

(ii) “Adjacent district” means a legislative district within Baltimore City adjacent to the host district or, if the adjacent district extends beyond Baltimore City, that part of the district within Baltimore City.

(iii) “Host district” means the legislative district in which the Baltimore City Juvenile Justice Center is located.

(2) In the selection process for an initial appointment to any position at the Baltimore City Juvenile Justice Center, an appointing authority shall allow five points to each resident of the host district or an adjacent district if, in the most recent 12–month period for which data is available as reported by the Maryland Department of Labor, Baltimore City had an average unemployment rate that is more than 1.5 times the State unemployment rate as a whole.

(f) In the selection process for an appointment to a position within the State Personnel Management System, an appointing authority shall allow five points to each resident of the State of Maryland.

(g) An appointing authority shall apply a credit of five points on a selection test for an individual with a disability, as defined by the federal Americans with Disabilities Act.
Md. Code, Financial Institutions § 7-205 — MD Code / Article gfi / Title 7 / Subtitle 2 / Section 7-205
§7–205.
Status: in_force

(a) To qualify for a certificate of authority under this subtitle, an applicant shall satisfy the Commissioner that the applicant:

(1) Is trustworthy and reputable;

(2) Has a good business reputation;

(3) If domiciled outside the State, is currently licensed and authorized to engage in the credit union share guaranty business in its state of domicile;

(4) Has and will maintain retained earnings or equity capital of at least $5,000,000, computed in accordance with generally accepted accounting principles;

(5) Is in compliance with:

(i) Its charter and this subtitle; and

(ii) If domiciled outside the State, all laws and regulations applicable to credit union share guaranty corporations in its state of domicile;

(6) Will conduct the credit union share guaranty business in the State in a manner that will adequately protect the share and deposit accounts of its participating credit unions; and

(7) Will maintain reserves for guaranty losses in compliance with § 7-217 of this subtitle.

(b) A person may not be authorized to engage in the credit union share guaranty business in the State if the person has or uses a name that is so similar to the name of a credit union share guaranty corporation already issued a certificate of authority under this subtitle as to tend to cause uncertainty or confusion or to deceive or mislead.
Md. Code, Public Utilities § 7-1001 — MD Code / Article gpu / Title 7 / Subtitle 10 / Section 7-1001
§7–1001.
Status: in_force

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

(b) “Beneficial electrification” means replacing direct fossil fuel use with electricity.

(c) “Bidirectional electric vehicle” means an electric vehicle that is capable of both receiving and discharging electricity.

(d) “Distributed energy resource” means an energy resource located on a customer’s premises that:

(1) produces or stores electricity; or

(2) modifies the timing or amount of the customer’s electricity consumption.

(e) (1) “Electric distribution system support services” means the dispatch and control of a distributed energy resource to provide services that contribute to the efficient and reliable operation of the electric distribution system by:

(i) an electric company; or

(ii) an aggregator acting at the direction of an electric company.

(2) “Electric distribution system support services” includes:

(i) local or system peak demand reduction;

(ii) demand response;

(iii) the avoidance or deferral of a transmission or distribution upgrade or capacity expansion; and

(iv) facilitating hosting capacity to accommodate additional distributed energy resources.

(f) “Eligible customer–generator” has the meaning stated in § 7–306 of this title.

(g) “Net energy metering” has the meaning stated in § 7–306 of this title.

(h) “Net excess generation” has the meaning stated in § 7–306 of this title.

(i) (1) “Renewable on–site generating system” means an energy system located on a customer’s premises that:

(i) generates or stores electricity from a Tier 1 renewable source or a Tier 2 renewable source that does not release greenhouse gases;

(ii) is capable of providing electricity to:

1. a home, business, or other structure serviced by an electric company; and

2. the electric distribution system;

(iii) is paired with an energy storage device that is configured to charge from:

1. the renewable source; and

2. the electric distribution system unless, for the purpose of eligibility for net energy metering, the device is required to be charged only from the renewable source; and

(iv) is interconnected and operates in parallel with an electric company’s transmission and distribution facilities.

(2) “Renewable on–site generating system” may include bidirectional electric vehicle service equipment located on a customer’s premises.

(j) “Tier 1 renewable source” has the meaning stated in § 7–701 of this title.

(k) “Tier 2 renewable source” has the meaning stated in § 7–701 of this title.
Md. Code, Public Utilities § 7-319 — MD Code / Article gpu / Title 7 / Subtitle 3 / Section 7-319
§7–319.
Status: in_force

(a) In this section, “low–emissions housing” means housing that is engineered to or uses measures that reduce greenhouse gas emissions.

(b) There is a Green and Healthy Task Force.

(c) The Task Force consists of the following members:

(1) two members of the Senate of Maryland, appointed by the President of the Senate;

(2) two members of the House of Delegates, appointed by the Speaker of the House;

(3) the Secretary of Housing and Community Development, or the Secretary’s designee;

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

(5) the Director of the Maryland Energy Administration, or the Director’s designee;

(6) one representative of the Office of People’s Counsel; and

(7) as appointed by the chair of the Task Force:

(i) one representative of the Maryland Affordable Housing Trust;

(ii) one representative of the Green and Healthy Homes Initiative;

(iii) one representative of Maryland Energy Efficiency Advocates;

(iv) one member who is an expert in public health;

(v) one member from a community concerned with environmental justice;

(vi) one member who owns or develops affordable housing;

(vii) one member who has received assistance from a low–income program that delivers energy efficiency measures; and

(viii) other members as determined by the chair of the Task Force.

(d) The Secretary of Housing and Community Development, or the Secretary’s designee, shall serve as chair of the Task Force.

(e) The Department of Housing and Community Development shall provide staff for the Task Force.

(f) A member of the Task Force:

(1) may not receive compensation as a member of the Task Force; but

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

(g) The Task Force shall:

(1) beginning July 1, 2023, meet quarterly for a period of 3 years;

(2) advance the alignment, branding, and coordination of resources to more effectively deliver green and healthy housing for low–income households in the State;

(3) examine the public and private resources needed to address the housing needs of low–income communities;

(4) develop policy and statutory recommendations to eliminate barriers to low–income households achieving healthy, energy–efficient, affordable, and low–emissions housing; and

(5) engage with interested parties and collaborate with other entities that can help advance the goals of the Task Force, including experts in the field of healthy, energy–efficient, and low–emissions housing.

(h) On or before July 1, 2024, and each July 1 through 2027, the Task Force shall report its findings and recommendations to the Secretary of Health, the Secretary of the Environment, the Commission, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, State Finance and Procurement § 7-102 — MD Code / Article gsf / Title 7 / Subtitle 1 / Section 7-102
§7–102.
Status: in_force

(a) The General Assembly desires that, during preparation of a proposed budget, the Governor review, thoroughly and in detail, the recommendations of the Spending Affordability Committee.

(b) To have the complete financial program of the Governor early in a regular session, the General Assembly desires that the Governor:

(1) submit with the proposed budget for a fiscal year:

(i) the Governor’s complete financial program for that fiscal year; and

(ii) each bond or revenue bill proposed to carry out the program; and

(2) use a supplemental budget amendment only to:

(i) correct a mechanical error in the proposed budget; or

(ii) provide funding for legislation enacted during the session.
Md. Code, Human Services § 7-905 — MD Code / Article ghu / Title 7 / Subtitle 9 / Section 7-905
§7–905.
Status: in_force

The Department in consultation with the Board shall adopt regulations to carry out the purposes of this subtitle.
Md. Code, State Government § 7-208 — MD Code / Article gsg / Title 7 / Subtitle 2 / Section 7-208
§7–208.
Status: in_force

(a) The Administrator may include in the Code of Maryland Regulations and the Register annotations of judicial decisions and other explanatory materials that relate to a document in the Code of Maryland Regulations or the Register.

(b) The Administrator may prepare the annotations or obtain them by contract.
Md. Code, Health - General § 7-12B-02 — MD Code / Article ghg / Title 7 / Subtitle 12B / Section 7-12B-02
§7–12B–02.
Status: in_force

(a) There is a Maryland Developmental Disabilities Administration Waiver Advisory Council in the Administration.

(b) The purpose of the Council is to:

(1) Advise and provide recommendations to the Administration on system design, service delivery, and quality enhancement strategies for the Medicaid waiver programs operated by the Administration; and

(2) Foster meaningful engagement and establish a feedback loop with all stakeholders while prioritizing input from individuals with lived experience with a Medicaid waiver program.

(c) The Council shall adhere to person–centered thinking, diversity, equity, and inclusion principles, and evidence–based and data–driven discussion and problem solving.
Md. Code, Environment § 7-506 — MD Code / Article gen / Title 7 / Subtitle 5 / Section 7-506
§7–506.
Status: reserved

(a) (1) To participate in the Program, an applicant shall:

(i) Submit an application, on a form provided by the Department, that includes:

1. Information demonstrating to the satisfaction of the Department that the contamination did not result from the applicant knowingly or willfully violating any law or regulation concerning controlled hazardous substances;

2. Information demonstrating the person’s status as a responsible person or an inculpable person;

3. Information demonstrating that the property is an eligible property as defined in § 7–501 of this subtitle;

4. A detailed report with all available relevant information on environmental conditions including contamination at the eligible property known to the applicant at the time of the application;

5. An environmental site assessment that includes:

A. Established Phase I site assessment standards and follows principles established by the American Society for Testing and Materials and that demonstrates to the satisfaction of the Department that the assessment has been conducted in accordance with those standards and principles; and

B. A Phase II site assessment unless the Department concludes, after review of the Phase I site assessment, that there is sufficient information to determine that there are no recognized environmental conditions, as defined by the American Society for Testing and Materials; and

6. A description, in summary form, of a proposed voluntary cleanup project that includes the proposed cleanup criteria under § 7–508 of this subtitle and the proposed future use of the property, if appropriate; and

(ii) Subject to paragraph (2) of this subsection, pay to the Department:

1. An initial application fee of $10,000 which the Department may reduce on a demonstration of financial hardship in accordance with subsection (b) of this section;

2. An application fee of $2,000 for each application submitted subsequent to the initial application for the same property;

3. An application fee of $2,000 for each application submitted subsequent to the initial application for contiguous or adjacent properties that are part of the same planned unit development or a similar development plan; and

4. If the direct costs of review of the application and administration and oversight of the response action plan exceed the application fee, the additional costs incurred by the Department.

(2) If an applicant certifies that the applicant intends to use the eligible property to generate clean or renewable energy, the Department shall waive the fees required under paragraph (1)(ii) of this subsection.

(b) The Department shall adopt regulations to establish criteria for determining whether an applicant has:

(1) Demonstrated financial hardship; or

(2) Certified that the applicant intends to use the eligible property to generate clean or renewable energy.

(c) (1) The applicant may delay submitting the Phase II site assessment until after the application and applicable fees are submitted.

(2) If an applicant delays filing a Phase II site assessment, all related deadlines for public notice and action by the Department shall be extended and conform with the date the Phase II site assessment is submitted and the application is complete.

(d) (1) On submission of the application, the Department shall publish a notice of the application on its website and the applicant shall post notice at the property that is the subject of the application.

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

(i) The name and address of the applicant and the property;

(ii) The name, address, and telephone number of the office within the Department from which information about the application may be obtained; and

(iii) The time period during which the Department will receive and consider written comments from the public.

(e) (1) (i) The Department shall notify the applicant in writing, within 60 days after receipt of the application, whether:

1. The application, including the applicant’s status as a responsible person or an inculpable person, is approved;

2. The application is denied or incomplete; or

3. The Department has no further requirements related to the investigation of controlled hazardous substances at the eligible property as provided in paragraph (3) of this subsection.

(ii) If the Department denies the application or determines that the application is incomplete, the Department shall provide to the applicant the reasons for its decision in writing.

(2) (i) An applicant may resubmit an application within 60 days after receipt of notice of the Department’s decision to deny the initial application or determination that the application is incomplete.

(ii) The Department shall approve or deny a resubmitted or revised application within 30 days after receipt.

(3) If the Department notifies the applicant that the Department has no further requirements at the eligible property in accordance with paragraph (1)(i)3 of this subsection, the Department shall include a statement that this notice does not:

(i) 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;

(ii) Remain in effect if the notice of no further requirements is obtained through fraud or a material misrepresentation;

(iii) Affect the authority of the Department to take any action against a responsible person concerning previously undiscovered contamination at an eligible property after a no further requirements notice has been issued by the Department; or

(iv) Affect the authority of the Department to require additional cleanup for future activities at the site that result in contamination by hazardous substances.

(4) The no further requirements notice shall provide the same liability protections as provided in § 7–513(b)(3) and (4) of this subtitle.

(5) The participant and any successors in interest in a property subject to a no further requirements notice 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.

(f) (1) The Department shall deny an application if:

(i) The applicant is not an eligible applicant;

(ii) The property is not an eligible property; or

(iii) The property was initially contaminated by a release of hazardous substances after October 1, 1997 unless:

1. The property is acquired by an inculpable person; or

2. The contamination was caused by an act of God.

(2) For the purposes of paragraph (1)(iii) of this subsection, any property identified in the Superfund Enterprise Management System or the Comprehensive Environmental Response, Compensation, and Liability Information System in accordance with the federal act as of October 1, 1997 is presumed to have been initially contaminated on or before October 1, 1997.

(g) (1) Within 30 days after receiving notification of approval of an application, a participant shall inform the Department in writing whether the participant intends to proceed or withdraw from the Program.

(2) If a participant does not notify the Department of the participant’s intent to proceed or withdraw in accordance with paragraph (1) of this subsection, the application will be deemed to be withdrawn.

(h) A determination by the Department that it has no further requirements may be transferred to a subsequent purchaser of the property provided that the subsequent purchaser did not cause or contribute to the contamination.

(i) (1) If a determination by the Department that it has no further requirements is conditioned on certain uses of the property or on the maintenance of certain conditions, the participant shall provide written evidence to the Department that the determination was presented for recordation in the land records of the local jurisdiction within 60 days after receiving the determination.

(2) If the determination by the Department that it has no further requirements is conditioned on certain uses of the property or on the maintenance of certain conditions and the participant fails to record the determination in the land records in accordance with paragraph (1) of this subsection, the determination shall be void.

(3) (i) If a determination by the Department that it has no further requirements at a property is conditioned on certain uses of the property or on the maintenance of certain conditions, the participant shall send a copy of the determination 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 in § 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.

(j) Subject to the provisions of § 7–516(a) of this subtitle and approval by the Department, if an owner of an eligible property that has limited permissible uses wants to change the use of the eligible property, the owner:

(1) Is responsible for the cost of cleaning up the property to the appropriate standard; and

(2) Shall be liable for any fees waived under subsection (a)(2) of this section if the eligible property is not in compliance with a certification that requires the eligible property to be used to generate clean or renewable energy.
Md. Code, Criminal Law § 7-303 — MD Code / Article gcr / Title 7 / Subtitle 3 / Section 7-303
§7–303.
Status: in_force

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

(2) “Cable television company” means a franchised or private cable television company.

(3) “Cable television service” means:

(i) cable and satellite cable programming;

(ii) service provided by or through the facility of a cable television system or a closed circuit coaxial cable communication system; or

(iii) a microwave, satellite, or similar transmission service used with a cable television system or a closed circuit coaxial cable communication system.

(b) (1) Destroying, damaging, cutting, tampering with, installing, tapping, removing, displacing, or connecting with a wire, conduit, apparatus, or other equipment of a cable television company is prima facie evidence of an intent to receive cable television services without payment.

(2) Actual possession of a device designed to facilitate an act prohibited by this section, or possession and control of a quantity of those devices indicating possession for resale, is prima facie evidence of an intent to violate this section.

(c) A person may not:

(1) destroy, damage, cut, tamper with, install, tap, remove, displace, or connect with a wire, conduit, apparatus, or other equipment of a cable television company with the intent to receive cable television services without payment;

(2) prevent, obstruct, or delay the sending, conveyance, distribution, or receiving of programming material transmitted by a cable television company;

(3) with the intent to deprive a person of lawful compensation, receive, attempt to receive, or assist another to receive:

(i) cable television service by trick, use of a decoder, or other fraudulent means; or

(ii) satellite cable programming that is:

1. offered for sale in the person’s area through an unauthorized marketing system; or

2. received by decoding encrypted satellite cable programming;

(4) without authority from the cable television company, connect with a cable, wire, component, or other device used to distribute cable television service;

(5) alter:

(i) a device installed with the authorization of a cable television company to intercept or receive a program or service carried by the company; or

(ii) equipment capable of decoding encrypted satellite cable programming to intercept or receive satellite cable programming; or

(6) sell, rent, or offer for sale or rent a device or a plan for a device knowing that the recipient intends to use the device or to plan to do an act prohibited by this section.

(d) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(i) for a first violation, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; or

(ii) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

(2) A person who commits an act prohibited by this section for payment or offer of payment is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(e) A cable television company may bring an action to enjoin a violation of this section.

(f) In addition to the penalties under subsection (d) of this section, a person who violates subsection (c)(3) or (6) of this section is liable to the aggrieved cable television company for all appropriate civil damages awarded by a court.

(g) A device used to violate this section is subject to seizure by and forfeiture to the State.
Md. Code, Public Utilities § 7-210 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-210
§7–210.
Status: in_force

(a) This section does not apply to Baltimore City.

(b) (1) A municipal corporation may not build, maintain, or operate a plant for supplying gas or electricity for other than municipal purposes unless the municipal corporation has a certificate of authority from the Commission.

(2) If the Commission denies the certificate of authority, the municipal corporation may not reapply for a certificate until at least 6 months have elapsed from the date that the Commission denied the previous application.

(c) Subject to subsection (b) of this section, a municipal corporation in the business of supplying electricity for other than municipal purposes may own or finance an interest in an electric plant to secure an entitlement of electricity for its customers.

(d) If the boundaries of a municipal corporation are enlarged by annexation, the municipal corporation may acquire the exclusive right to supply electricity within the annexed area if:

(1) the municipal corporation:

(i) files a petition with the Commission seeking approval to acquire the exclusive right to supply electricity within the annexed area;

(ii) provides a copy of the petition to each electric company whose service territory or electric plant will be affected by the annexation; and

(iii) attaches to the petition a copy of the amendment to the municipal corporation charter that describes the area annexed and a description of the service territory, plant, equipment, and customers of each electric company that is likely to be affected by the annexation; and

(2) the Commission determines that modification of the service territory of an electric company and the transfer of a franchise or right under the franchise is in the public interest.

(e) (1) A municipal corporation that acquires the exclusive right under subsection (d) of this section to supply electricity within an area annexed by the municipal corporation may exercise the right of eminent domain to acquire the existing installed facilities of each electric company within the annexed area that are used solely to supply electricity to the annexed area.

(2) The value of any property taken under paragraph (1) of this subsection shall be determined as of the date of the taking.
Md. Code, Criminal Procedure § 7-101 — MD Code / Article gcp / Title 7 / Subtitle 1 / Section 7-101
§7–101.
Status: in_force

This title applies to a person convicted in any court in the State who is:

(1) confined under sentence of imprisonment; or

(2) on parole or probation.
Md. Code, State Finance and Procurement § 7-206 — MD Code / Article gsf / Title 7 / Subtitle 2 / Section 7-206
§7–206.
Status: in_force

The initial appropriation for a program is set forth in the appropriation act. However, the appropriation for a program may be increased or reduced as provided in this subtitle.
Md. Code, Education § 7-1512 — MD Code / Article ged / Title 7 / Subtitle 15 / Section 7-1512
§7–1512.
Status: in_force

(a) There is a Safe Schools Fund.

(b) The purpose of the Fund is to provide grants to local school systems to enhance school safety.

(c) The Subcabinet shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund in conjunction with the Executive Director of the Center.

(e) The Fund consists of:

(1) Money credited to the Fund under § 17–106(e) of the Transportation Article;

(2) Money appropriated in the State budget to the Fund;

(3) Money from any other source accepted for the benefit of the Fund; and

(4) Any interest earnings of the Fund.

(f) Except as provided in subsections (g) and (h) of this section, the Fund may be used only to provide grants to local school systems to enhance school safety, including:

(1) Conducting training for students and school personnel on de–escalation of situations and identifying and reporting behaviors of concern;

(2) Conducting training of assessment teams;

(3) Conducting school safety evaluations;

(4) Establishing formal and anonymous mechanisms for reporting safety concerns;

(5) Reimbursing local law enforcement agencies for school resource officer training provided by the Center;

(6) Enrolling school security employees in training provided by the Center;

(7) Developing plans to deliver school–based behavioral health and other wraparound services to students who exhibit behaviors of concern, including establishing systems to maximize external funding for services;

(8) Outreach to the broader school community to improve school safety, including to heighten awareness of existing mental health services and other services;

(9) Providing information to students and parents on traveling safely to and from school, including data related to bus and pedestrian safety, strategies for ensuring personal safety, efforts of the local school system to improve safety, and information on available options for reporting incidents and concerns; and

(10) Assisting local school systems to improve and monitor traffic control measures in the immediate vicinity of schools to reduce the potential for pedestrian and vehicle accidents.

(h) The Subcabinet may use the Fund to provide funding to local school systems in accordance with § 7–1510.1 of this subtitle.

(i) (1) The Subcabinet may make grants to local school systems and local law enforcement agencies from the Fund.

(2) The Subcabinet shall establish procedures for local school systems and local law enforcement agencies to apply for grants from the Fund.

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

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

(k) Expenditures from the Fund may only be made:

(1) In accordance with the State budget; or

(2) By the budget amendment procedure as provided in § 7–209 of the State Finance and Procurement Article, if at least 45 days have passed since the budget amendment and supporting information were submitted to the budget committees for their review and comment.

(l) Money expended from the Fund by local school systems to enhance school safety is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to local school systems.
Md. Code, Education § 7-105 — MD Code / Article ged / Title 7 / Subtitle 1 / Section 7-105
§7–105.
Status: in_force

(a) This section is enacted so that the love of freedom and democracy, shown in the devotion of all true and patriotic Americans to their flag and country, shall be instilled in the hearts and minds of the youth of America.

(b) Each county board shall:

(1) Require the display of an American flag on the site of each public school building in its county while the school is in session;

(2) Buy all necessary flags, staffs, and appliances for the flags; and

(3) Adopt rules and regulations for the proper custody, care, and display of the flag.

(c) Each county board shall:

(1) Provide each public school classroom with an American flag;

(2) Prepare a program for each public school classroom for the beginning of each school day that provides for the salute to the flag and other patriotic exercises that are approved by the United States government; and

(3) Require all students and teachers in charge to stand and face the flag and while standing give an approved salute and recite in unison the pledge of allegiance as follows: “I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

(d) Any student or teacher who wishes to be excused from the requirements of subsection (c)(3) of this section shall be excused.

(e) Each county board may provide for any other patriotic exercises it considers appropriate under the regulations and instruction that best meet the requirements of the different grades in the schools.

(f) Any individual who commits an act of disrespect, either by word or action, is in violation of the intent of this section.
Md. Code, Business Regulation § 7-304 — MD Code / Article gbr / Title 7 / Subtitle 3 / Section 7-304
§7–304.
Status: in_force

(a) With an application for a new license, an applicant shall file a surety bond with the Board.

(b) The bond shall run to the Board, as obligee, for the benefit of:

(1) the State; and

(2) any member of the public who has a loss or other damage as a result of a violation of this title or the Maryland Consumer Debt Collection Act by the applicant or an agent or employee of the applicant.

(c) The bond shall be:

(1) in the amount determined by the Board under subsection (j) of this section;

(2) issued by a surety company that:

(i) is authorized to do business in the State; and

(ii) holds a certificate of authority issued by the Maryland Insurance Commissioner; and

(3) conditioned that the licensee shall comply with the Maryland Consumer Debt Collection Act and any other laws applicable to consumer debt collection.

(d) The liability of the surety:

(1) shall be continuous;

(2) may not be aggregated or cumulative, whether or not the bond is renewed, continued, replaced, or modified;

(3) may not be determined by adding together the penal sum of the bond, or any part of the penal sum of the bond, in existence at any two or more points in time;

(4) shall be considered to be one continuous obligation, regardless of increases or decreases in the penal sum of the bond;

(5) may not be affected by:

(i) the insolvency or bankruptcy of the licensee;

(ii) any misrepresentation, breach of warranty, failure to pay a premium, or any other act or omission of the licensee or an agent of the licensee; or

(iii) the suspension of the licensee’s license;

(6) may not require an administrative enforcement action by the Board as a prerequisite to liability; and

(7) shall continue for 3 years after the later of the date on which:

(i) the bond is canceled; or

(ii) the licensee, for any reason, ceases to be licensed.

(e) (1) A bond may be canceled by the surety or the licensee by giving notice of cancellation to the Board.

(2) Notice under paragraph (1) of this subsection shall:

(i) be in writing; and

(ii) be sent by certified mail, return receipt requested.

(3) A cancellation of a bond under this subsection is not effective until 90 days after receipt of a notice of cancellation by the Board.

(f) A claim against the bond may be filed with the surety by:

(1) a claimant; or

(2) the Board for the benefit of a claimant or the State.

(g) If the amount of claims against a bond exceeds the amount of the bond, the surety:

(1) shall pay the amount of the bond to the Board for pro rata distribution to claimants; and

(2) is relieved of liability under the bond.

(h) If the penal amount of the bond is reduced by payment of a claim or judgment, the licensee shall file a new or additional bond with the Board.

(i) A penalty imposed against a licensee under § 7–205(b) of this title may be collected and paid from the proceeds of a bond required under this subsection.

(j) (1) The amount of the surety bond required under subsection (c) of this section shall be in an amount of not less than $50,000 and not more than $1,000,000, as determined by the Board for each licensee.

(2) In setting the amount of the surety bond, the Board may consider:

(i) the nature and volume of the business or proposed business of the licensee or applicant;

(ii) the financial condition of the licensee or applicant, including:

1. the amount, nature, quality, and liquidity of the assets of the licensee or applicant;

2. the amount and nature of the liabilities, including contingent liabilities, of the licensee or applicant;

3. the history of and prospects for the licensee or applicant to earn and retain income; and

4. the potential harm to consumers if the applicant or licensee becomes financially impaired;

(iii) the quality of the operations of the licensee or applicant;

(iv) the quality of the management of the licensee or applicant;

(v) the nature and quality of each control person; and

(vi) any other factor that the Board considers relevant.
Md. Code, Education § 7-442 — MD Code / Article ged / Title 7 / Subtitle 4 / Section 7-442
§7–442.
Status: in_force

(a) In this section, “sunscreen” means a topical sunscreen product that is:

(1) Used to prevent the effects of overexposure to the sun and not for medical treatment of an injury or illness; and

(2) Approved by the federal Food and Drug Administration for over–the–counter use.

(b) Each county board shall adopt a written policy authorizing a student to possess and use sunscreen on school property or at a school–sponsored activity without written permission from a health care provider.

(c) Each county board shall encourage public schools to educate students about sunscreen, sun safety, and the policy established under subsection (b) of this section.
Md. Code, Tax - General § 7-210 — MD Code / Article gtg / Title 7 / Subtitle 2 / Section 7-210
§7–210.
Status: in_force

(a) (1) If an application to prepay inheritance tax for a subsequent interest in property is filed under § 7-219 of this subtitle, the value of the subsequent interest is determined by subtracting the value of all preceding and concurrent interests from the value of the whole property.

(2) The total inheritance tax on all interests in the property valued shall equal the inheritance tax that would have been due if an absolute interest in the property passed from the decedent.

(b) (1) If a subsequent interest in property ultimately vests in possession in a person other than the person by or for whom an application to prepay the inheritance tax was filed under § 7-219 of this subtitle and if the inheritance tax determined under the prepayment application was paid:

(i) the subsequent interest shall be revalued when it vests in possession; and

(ii) the inheritance tax due on the subsequent interest shall be redetermined based on the value of the interest when it vests in possession and on the relationship of the original decedent to the person in whom the interest ultimately vests in possession.

(2) A deduction from the inheritance tax calculated under paragraph (1)(ii) of this subsection for prepaid inheritance tax on the interest shall be allowed.

(c) (1) If an application to prepay the inheritance tax for a subsequent interest is not filed in accordance with § 7-219 of this subtitle or if the inheritance tax determined for the subsequent interest under a prepayment application is not paid when due under § 7-217(d) of this subtitle:

(i) the whole property shall be valued when the subsequent interest vests in possession;

(ii) the value of the subsequent interest shall be valued when it vests in possession in the manner stated in subsection (a) of this section; and

(iii) the inheritance tax due on the subsequent interest shall be determined based on the value of the interest when it vests in possession and on the relationship of the original decedent to the person in whom the interest ultimately vests in possession.

(2) A deduction for inheritance tax previously paid on any interest in the property may not be allowed.

(d) (1) If the inheritance tax applies to 1 or more of the persons by or for whom an application to prepay the inheritance tax is filed under § 7-219 of this subtitle and the exemption under § 7-203(b) of this subtitle applies to others, the inheritance tax applies to the subsequent interest.

(2) (i) On application of a party in interest, the inheritance tax due may be apportioned among the persons by or for whom the application to prepay the inheritance tax is filed.

(ii) After the apportionment, each of those persons is responsible only for the amount of the inheritance tax apportioned to that person.
Md. Code, Courts and Judicial Proceedings § 7-502 — MD Code / Article gcj / Title 7 / Subtitle 5 / Section 7-502
§7–502.
Status: in_force

A person who is found guilty of a crime shall be liable for the costs of the person’s prosecution.
Md. Code, Transportation § 7-301 — MD Code / Article gtr / Title 7 / Subtitle 3 / Section 7-301
§7–301.
Status: in_force

(a) The Administration shall prepare plans to meet the transit needs of the District and from time to time shall review and revise these plans.

(b) The plans shall specify:

(1) The transit facilities to be constructed or acquired, including the location of terminals, stations, and parking facilities;

(2) The character, nature, design, and location of the transit facilities;

(3) Whether the transit facilities are to be constructed or acquired by lease, purchase, or condemnation;

(4) A timetable for providing the transit facilities;

(5) Anticipated capital costs;

(6) Estimated operating expenses and revenues;

(7) The type of equipment to be used;

(8) The areas to be served and the routes and schedules of service expected to be provided;

(9) The expected fares and charges for service;

(10) The plan of financing the capital costs and operation of the transit facilities;

(11) When applicable, improvements in interjurisdictional commuter transit services including the location of corridors, routes, stations, and terminals;

(12) Improvements to fare payment systems that will:

(i) Allow for the processing of fare media in electronic form; and

(ii) Provide electronic fare media for distribution to employees as part of a commuter benefits program; and

(13) Any other information that the Administration considers relevant.

(c) A plan may provide for demonstration or testing facilities and for the use of the facilities for research and development.
Md. Code, Tax - Property § 7-504.2 — MD Code / Article gtp / Title 7 / Subtitle 5 / Section 7-504.2
§7–504.
Status: in_force

§7–504.2.

(a) In this section, “Downtown Management District” means the district whose boundaries are set forth in Article II, § 61(a)(2)(i) of the Baltimore City Charter.

(b) Vacant and underutilized commercial buildings that are under a development plan are exempt from county property tax if:

(1) the real property is located in the Downtown Management District;

(2) the real property meets two of the following criteria:

(i) the improvement on the property is over 25 years old;

(ii) the property was last used as commercial space with accessory uses; or

(iii) the property has been at least 75% vacant for more than 3 years;

(3) the real property is owned by a person who:

(i) is engaged in constructing and operating housing structures or projects, including nondwelling commercial and community facilities;

(ii) provides a minimum of $500,000 of private capital in the development of the residential portion of the project;

(iii) renovates the real property so that at least 75% of the total leasable square footage of the building is used for rental residential housing; and

(iv) demonstrates to the satisfaction of the Board of Estimates of Baltimore City the financial necessity for an agreement as authorized by this section; and

(4) the owner of the real property and the Baltimore City Board of Estimates agree on the payment that the owner shall make to Baltimore City in lieu of the county property taxes.

(c) Real property that qualifies for an exemption under this section is exempt from county property tax to the extent that the parties agree under subsection (b) of this section.
Md. Code, Environment § 7-211 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-211
§7–211.
Status: in_force

(a) There is a Controlled Hazardous Substance Advisory Council in the Department.

(b) The Controlled Hazardous Substance Advisory Council shall meet only at the request of the Secretary.
Md. Code, Education § 7-1002 — MD Code / Article ged / Title 7 / Subtitle 10 / Section 7-1002
§7–1002.
Status: reserved

(a) The Department shall provide Maryland virtual learning opportunities that include:

(1) Offering a distance–learning program to provide Maryland public school students with equal opportunities to develop a strong academic foundation;

(2) Offering expanded educational choices not otherwise available to students through online courses and services; and

(3) Expanding the professional development opportunities available to educational staff in Maryland public schools through online courses and services.

(b) (1) (i) A county board may request that the Department develop or review and approve online courses and services under paragraph (2) of this subsection.

(ii) Within 15 days after the receipt of a request under subparagraph (i) of this paragraph, the Department shall determine whether the development or review and approval of the online courses and services shall be delegated to a county board under paragraph (2)(ii) of this subsection.

(iii) If the Department does not delegate the development or review and approval of the online courses and services to a county board, the Department shall develop or review and approve online courses and services under paragraph (2) of this subsection within 120 days after the receipt of a request made by a county board under subparagraph (i) of this paragraph.

(2) (i) Subject to subparagraph (ii) of this paragraph, the Department shall:

1. A. Develop online courses and services; or

B. Review and approve online courses and services;

2. Develop standards for teachers and other school system employees for the offering of courses or services on the Internet or through other developing technologies; and

3. Review courses and courseware to assure quality and alignment with the Maryland content standards and other appropriate standards.

(ii) Subject to subparagraph (v) of this paragraph, the Department may delegate the authority to develop or review and approve online courses and services to a county board.

(iii) If the Department delegates the authority to develop or review and approve online courses and services to a county board, the county board may impose reasonable fees to be paid by the vendor to cover the cost of reviewing and approving online courses and services.

(iv) A county board shall remit 15% of the fees collected under subparagraph (iii) of this paragraph to the Department.

(v) 1. A county board shall request approval of the online course from the Department when the county board has completed the development or review and approval of online courses and services.

2. Within 45 days after a request under subsubparagraph 1 of this subparagraph, the Department shall approve or disapprove the online course based on criteria and guidelines developed by the Department.

(3) (i) The development, review, and approval of an online course or service conducted under this subsection shall include an assessment regarding the accessibility of the online course or service to individuals with disabilities, including the blind.

(ii) The Department may contract with a third party to:

1. Develop an assessment regarding accessibility required under subparagraph (i) of this paragraph; or

2. Conduct an assessment of course accessibility required under subparagraph (i) of this paragraph that will determine the approval or denial status of the course and provide feedback to the course provider.

(c) (1) There is a Maryland Virtual Learning Opportunities Fund.

(2) The State Board may set reasonable fees for:

(i) Developing or reviewing online courses and services;

(ii) Processing approvals for online courses and services;

(iii) Developing an assessment regarding the accessibility of an online course or service to individuals with disabilities, including the blind; and

(iv) Assessing an online course for its accessibility to individuals with disabilities, including the blind.

(3) The fees charged shall be set so as to produce funds to support maintenance of Maryland virtual learning opportunities.

(4) The State Board shall pay all funds collected under this subtitle to the Comptroller of the State.

(5) The Comptroller shall distribute the fees to the Maryland Virtual Learning Opportunities Fund.

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

(7) 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 subtitle.

(8) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.

(d) The State Board may adopt regulations to implement the provisions of this section.
Md. Code, Education § 7-10A-03 — MD Code / Article ged / Title 7 / Subtitle 10A / Section 7-10A-03
§7–10A–03.
Status: in_force

The purpose of the pilot program is to introduce elementary age students to computer technology and train teachers to integrate such technology into their curriculum.
Md. Code, Public Utilities § 7-225 — MD Code / Article gpu / Title 7 / Subtitle 2 / Section 7-225
§7–225.
Status: in_force

(a) As soon as possible in 2024, and at least 8 months before the filing deadline for plans after 2024, the Commission shall issue an order that determines the greenhouse gas emissions reduction targets required under § 7–223(b) of this subtitle and the greenhouse gas emissions reductions required under § 7–224(a)(2) of this subtitle.

(b) (1) (i) If directed by the Commission in 2024, and on or before July 1 every 3 years, starting in 2026, each electric company and each gas company subject to § 7–222(a) of this subtitle that submitted a plan for achieving electricity savings and demand reduction targets to the Commission before July 1, 2024, and the Department, shall consult with the technical staff of the Commission, the Office of People’s Counsel, the Maryland Energy Administration, and the Department of the Environment regarding the design and adequacy of its plans for achieving the greenhouse gas emissions reduction targets established by the Commission under § 7–223(b) of this subtitle and specified in § 7–224(a)(2) of this subtitle.

(ii) On or before October 1, 2024, and on or before July 1 every 3 years, starting in 2026, each electric company and each gas company subject to § 7–222(a) of this subtitle that did not submit a plan for achieving electricity savings and demand reduction targets to the Commission before July 1, 2024, shall comply with the consulting requirements under subparagraph (i) of this paragraph.

(2) Each electric company and each gas company subject to § 7–222(a) of this subtitle shall provide the technical staff of the Commission, the Office of People’s Counsel, the Maryland Energy Administration, and the Department of the Environment with any additional information regarding its plan, as requested.

(c) (1) (i) If directed by the Commission in 2024, and on or before September 1 every 3 years, starting in 2026, each electric company and each gas company subject to § 7–222(a) of this subtitle that submitted a plan for achieving electricity savings and demand reduction targets to the Commission before July 1, 2024, and the Department, shall submit its plan to the Commission.

(ii) On or before December 1, 2024, and on or before September 1 every 3 years, starting in 2026, each electric company and each gas company that did not submit a plan for achieving electricity savings and demand reduction targets to the Commission before July 1, 2024, shall submit its plan to the Commission.

(2) Each plan shall detail a proposal for achieving greenhouse gas emissions reduction targets for 3 subsequent calendar years.

(3) (i) Each plan shall:

1. include:

A. a description of the proposed programs and services;

B. anticipated costs;

C. projected benefits, including greenhouse gas emissions reductions, electricity savings, and gas savings; and

D. any other information requested by the Commission; and

2. address residential, commercial, and industrial sectors as appropriate, including low–income communities.

(ii) A plan of the Department shall include:

1. a definition of “low–income individual” to be used in the procurement or provision of energy efficiency, conservation, and greenhouse gas emissions reduction programs and services;

2. a description of the steps proposed to ensure insulation materials meet the requirements under § 7–224 of this subtitle; and

3. a proposed average lifetime measure threshold that:

A. encourages the delivery of insulation and weatherization measures; and

B. is developed through a stakeholder engagement process.

(iii) A plan of an electric company shall include the provision or procurement of programs and services for residential beneficial electrification.

(d) (1) The Commission shall review the plan of each electric company, each gas company, and the Department to determine whether the plan is adequate and cost–effective in achieving the greenhouse gas emissions reduction targets established by the Commission under §§ 7–223(b) and 7–224(a)(2) of this subtitle.

(2) The Commission shall consider any written findings provided by the Maryland Energy Administration, the Department of the Environment, and the Office of People’s Counsel regarding the design and adequacy of the plan.

(3) Subject to paragraph (4) of this subsection, in approving, modifying, or denying the plan of an electric company or a gas company, the Commission shall consider:

(i) the cost–effectiveness of the residential, commercial, and industrial sector subportfolios by using:

1. the primary State jurisdiction–specific test, as developed, updated, or approved by the Commission, to determine the cost–effectiveness of a program or service prospectively, including consideration of:

A. participant nonenergy benefits;

B. utility nonenergy benefits; and

C. societal nonenergy benefits; and

2. a total resource cost test to compare the electricity savings and demand reduction targets of the program or service with the results of similar programs or services implemented in other jurisdictions, including:

A. participant nonenergy benefits; and

B. utility nonenergy benefits;

(ii) the impact on rates of each ratepayer class;

(iii) the impact on jobs;

(iv) the impact on the environment; and

(v) the impact on the greenhouse gas emissions reduction targets specified in Title 2, Subtitle 12 of the Environment Article, established by the Commission under §§ 7–223(b) and 7–224(a)(2) of this subtitle.

(4) Nonenergy benefits considered under paragraph (3) of this subsection shall be quantifiable and directly related to a program or service.

(5) (i) In approving, modifying, or denying the plan of the Department, the Commission shall consider:

1. subject to subparagraph (ii) of this paragraph, the cost–effectiveness of the plan by using the primary State jurisdiction–specific test, as developed, updated, or approved by the Commission;

2. the impact on rates of each ratepayer class;

3. the impact on jobs;

4. the impact on the environment; and

5. the impact on the greenhouse gas emissions targets specified in Title 2, Subtitle 12 of the Environment Article, established by the Commission under § 7–223(b) of this subtitle, and specified in § 7–224(a)(2) of this subtitle.

(ii) The programs and services offered by the Department are not required to be cost–effective.

(e) The Department of the Environment shall prepare and submit to the Commission an analysis regarding the adequacy of the plan in supporting the State’s greenhouse gas emissions reduction goals specified in Title 2, Subtitle 12 of the Environment Article, established by the Commission under § 7–223(b) of this subtitle, and required under § 7–224(a)(2) of this subtitle.
Md. Code, Public Utilities § 7-602 — MD Code / Article gpu / Title 7 / Subtitle 6 / Section 7-602
§7–602.
Status: in_force

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

(1) clarify existing law regarding the provision of competitive retail gas supply and gas supply services in the State;

(2) require the Commission to license gas suppliers, energy salespersons, and energy vendors;

(3) authorize the Commission to adopt complaint procedures;

(4) establish certain requirements relating to the competitiveness of retail gas supply and gas supply services markets; and

(5) establish standards for the protection of consumers.
Md. Code, Tax - General § 7-211 — MD Code / Article gtg / Title 7 / Subtitle 2 / Section 7-211
§7–211.
Status: in_force

(a) The person responsible for paying the inheritance tax may elect to value real property, for purposes of the inheritance tax:

(1) at its most recent real property assessment plus any inflation allowance if, for the 5 years immediately before the date of the death of the decedent, the real property qualifies under § 8-209 or § 8-211 of the Tax - Property Article as farmland or woodland; or

(2) based on its actual use on the date of the decedent’s death if the real property qualifies as National Register property by a listing in the National Register of Historic Places, whether as a separate property or as a part of a listed district.

(b) (1) To elect a valuation under subsection (a) of this section, the person responsible for paying the inheritance tax shall file with the register a statement that:

(i) contains a written election of a valuation under subsection (a) of this section, in the form and manner that the Comptroller requires; and

(ii) describes the qualifying real property in reasonable detail, including its fair market value.

(2) The statement shall be filed:

(i) with the administration account that affects the distribution of the qualifying real property; or

(ii) if the qualifying real property is not subject to formal administration, with the report or inventory required under § 7-224 or § 7-225(c) or (d) of this subtitle.
Md. Code, Education § 7-1503 — MD Code / Article ged / Title 7 / Subtitle 15 / Section 7-1503
§7–1503.
Status: in_force

(a) There is a School Safety Subcabinet.

(b) The Subcabinet is the governing board of the Center.

(c) The Subcabinet consists of the following members:

(1) The State Superintendent, or the State Superintendent’s designee;

(2) The Secretary of State Police, or the Secretary’s designee;

(3) The Attorney General, or the Attorney General’s designee;

(4) The Secretary of Disabilities, or the Secretary’s designee;

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

(6) The Executive Director of the Interagency Commission on School Construction, or the Executive Director’s designee.

(d) The State Superintendent, or the State Superintendent’s designee, shall chair the Subcabinet.

(e) The Executive Director of the Center shall provide staff for the Subcabinet.

(f) The Subcabinet shall meet regularly at such times and places as it determines.

(g) The Subcabinet shall:

(1) Collaborate with local school systems in the State, law enforcement agencies, State and local government agencies, community organizations, parents, and other stakeholders to provide a comprehensive, coordinated approach to school safety;

(2) In partnership with the Advisory Board and other stakeholders:

(i) Disseminate information on best practices, programs, and resources;

(ii) Provide technical assistance and training to local jurisdictions and local school systems;

(iii) Collaborate on collection, analysis, and integration of statewide data; and

(iv) Promote interagency efforts that support safe schools for all students, school staff, parents, and community members;

(3) Establish a Safe School Information and Best Practices Clearinghouse of up–to–date, research–based, and data–driven information on effective strategies for creating and maintaining safe schools;

(4) Identify safe school professional staff development best practices;

(5) Initiate collaborative partnerships and facilitate coordination among local school systems, law enforcement agencies, State and local government, and community organizations to leverage existing resources to deliver school safety services uniformly to local school systems;

(6) Foster coordination among all entities responsible for ensuring the safety and security of school facilities in the State;

(7) Distribute grants from the Fund in accordance with § 7–1512 of this subtitle;

(8) Collaborate with the Department on the model policy for an assessment team under § 7–1507 of this subtitle;

(9) Adopt regulations to define a school security employee for the purpose of the training and report required for school security employees under § 7–1508 of this subtitle;

(10) Provide general oversight and direction to the Center;

(11) Approve the annual budget for the Center;

(12) Adopt any regulations necessary to carry out the Subcabinet’s duties under this subtitle; and

(13) Perform other duties assigned by the Governor.

(h) (1) The Subcabinet shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on or before December 15 each year.

(2) The report shall include:

(i) A list of all the activities of the Center, including aggregate data on the information collected from each local school system under § 7–1510 of this subtitle;

(ii) An update on the current status and effectiveness of the Center;

(iii) Data collected on school resource officers under § 7–1508 of this subtitle; and

(iv) Recommendations made by the Subcabinet for improving school and student safety.
Md. Code, Human Services § 7-902 — MD Code / Article ghu / Title 7 / Subtitle 9 / Section 7-902
§7–902.
Status: in_force

(a) In accordance with the State budget and § 7–806 of this title, the Department, in consultation with the Board, shall establish and administer a program:

(1) to provide specialized customer telephone equipment to eligible program participants; and

(2) to provide reimbursement of costs under § 7–906 of this subtitle.

(b) (1) In this subsection, “shopping facility” means an outdoor or indoor retail facility with a common pedestrian area housing more than five sales or rental establishments in which a majority of the tenants have a main entrance from the common pedestrian area.

(2) This subsection applies to a shopping facility that:

(i) provides a total number of four or more public pay telephones at the facility of which at least one is located in the common pedestrian area; and

(ii) is larger than 500,000 square feet.

(3) In accordance with the standards and regulations established by the Department, the owner, operator, manager, or other person having control of a shopping facility shall acquire and install at least one specialized communications device designed to enable customers with hearing or speech disabilities to access a telephone or wireless service providers network.
Md. Code, Tax - Property § 7-511.1 — MD Code / Article gtp / Title 7 / Subtitle 5 / Section 7-511.1
§7–511.
Status: in_force

§7–511.1.

(a) In this section, “business incubator” has the meaning stated in § 9–247 of this article.

(b) The governing body of Garrett County may exempt from the county property tax real property that is:

(1) owned by the Garrett College Board of Trustees;

(2) known as the Garrett Information Enterprise Center; and

(3) used as a business incubator.
Md. Code, Health - General § 7-1011 — MD Code / Article ghg / Title 7 / Subtitle 10 / Section 7-1011
§7–1011.
Status: in_force

(a) An individual with developmental disability or person who is authorized to act on behalf of the individual may:

(1) Contest a record that the licensee keeps on the individual;

(2) Ask for an addition to or other change in the record; and

(3) Contest disclosure of the record.

(b) Within 14 days after a licensee receives a request to change a record, the licensee shall acknowledge receipt of the request.

(c) (1) Within 14 days after a licensee acknowledges receipt of the request, the licensee shall:

(i) Make or refuse to make the requested change; and

(ii) Give the person who requested the change written notice of the licensee’s action.

(2) A notice of refusal shall contain:

(i) Each reason for the refusal; and

(ii) Any procedures that the Deputy Secretary has set for review of the refusal.

(d) (1) An individual with developmental disability or person who is authorized to act on behalf of the individual may ask the Deputy Secretary to review the refusal.

(2) Within 45 days after the request for review, the Deputy Secretary shall:

(i) Complete the review;

(ii) Make a final determination; and

(iii) Give the individual with developmental disability or person who is authorized to act on behalf of the individual written notice of the final determination.

(e) If the final determination of the Deputy Secretary is a refusal to change a record, the written notice shall include:

(1) Each reason for the refusal;

(2) The procedure for inserting in the record a concise statement of the reason that the individual with developmental disability or person who is authorized to act on behalf of the individual disagrees with that refusal; and

(3) Information on the right to seek judicial review of the decision of the Deputy Secretary.
Md. Code, Business Regulation § 7-308 — MD Code / Article gbr / Title 7 / Subtitle 3 / Section 7-308
§7–308.
Status: in_force

(a) Subject to the hearing provisions of § 7–309 of this subtitle, the Board may reprimand a licensee or suspend or revoke a license if the licensee or any owner, director, officer, member, partner, or agent of the licensee:

(1) makes any material misstatement in an application for a license;

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

(i) a felony; or

(ii) a misdemeanor that is directly related to the fitness and qualification of the person to engage in the collection agency business;

(3) in connection with the collection of any consumer claim:

(i) commits any fraud; or

(ii) engages in any illegal or dishonest activities;

(4) knowingly or negligently violates the Maryland Consumer Debt Collection Act; or

(5) fails to comply with a lawful order that the Board passes under this title.

(b) In determining whether to reprimand a licensee or to suspend or revoke a license for a reason described in subsection (a)(2) of this section, the Board shall consider:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the license;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the licensee to engage in the collection agency business;

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

(5) the behavior and activities of the licensee since the conviction.
Md. Code, Financial Institutions § 7-115 — MD Code / Article gfi / Title 7 / Subtitle 1 / Section 7-115
§7–115.
Status: in_force

The Corporation, its members, and persons who have share and deposit accounts in credit unions are not subject to the provisions of the Insurance Article as a result of any of the activities of the Corporation under this title.
Md. Code, Health - General § 7-306.2 — MD Code / Article ghg / Title 7 / Subtitle 3 / Section 7-306.2
§7–306.
Status: in_force

§7–306.2.

(a) The Administration shall:

(1) Conduct an independent cost–driven, rate–setting study to set provider rates for community–based services that includes a rate analysis and an impact study that considers the actual cost of providing community–based services, including:

(i) The cost of transportation across all service types;

(ii) Appropriate wage and benefit levels for direct support and supervisory staff; and

(iii) Rates that incorporate the fiscal impact of absence days;

(2) Develop and implement a plan incorporating the findings of the rate–setting study conducted under item (1) of this subsection, including projected costs of implementation and recommendations to address any potential shortfall in funding;

(3) Develop a strategy for assessing the needs of an individual receiving services that conforms with the findings of the rate–setting study conducted under item (1) of this subsection;

(4) Provide for adequate working capital payments to providers;

(5) Develop a sound fiscal billing and payment system that is tested for adequacy and efficiency in payment of providers;

(6) Establish a payment schedule that ensures the timely and efficient reimbursement of providers for services provided; and

(7) Consult with stakeholders, including providers and individuals receiving services, in conducting the rate–setting study and developing the payment system required by this subsection.

(b) The Administration, on or before September 30, 2017, shall complete the study required under subsection (a) of this section.

(c) The Administration shall adopt regulations to implement the payment system required by this section.
Md. Code, Environment § 7-213 — MD Code / Article gen / Title 7 / Subtitle 2 / Section 7-213
§7–213.
Status: in_force

From among the public members, the Council shall elect a chairperson.
Md. Code, Public Utilities § 7-1224 — MD Code / Article gpu / Title 7 / Subtitle 12 / Section 7-1224
§7–1224.
Status: in_force

(a) The Commission shall, by regulation or order, establish a competitive process for the procurement of projects for the construction and deployment of front–of–the–meter transmission energy storage devices in the State.

(b) (1) (i) On or before January 1, 2026, the Commission shall issue a procurement solicitation for applications for projects for the construction and deployment of front–of–the–meter transmission energy storage devices.

(ii) The procurement solicitation shall be for a maximum of 800 megawatts of cumulative energy storage capacity, as measured in effective nameplate capacity.

(2) On or before October 1, 2026, the Commission shall issue a decision on whether to approve one or more proposals in accordance with § 7–1226(c) of this subtitle.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, the transmission energy storage devices procured in accordance with this subsection shall be operational within 24 months after a project is selected by the Commission.

(ii) The Commission may extend the operating deadline under subparagraph (i) of this paragraph for good cause shown.

(c) (1) On or before January 1, 2027, the Commission shall issue a second procurement solicitation for the procurement of projects for the construction and deployment of front–of–the–meter transmission energy storage devices.

(2) The procurement solicitation shall be for a maximum of 800 megawatts of cumulative energy storage capacity, as measured in effective nameplate capacity.

(3) On or before October 1, 2027, the Commission shall issue a decision on whether to approve one or more proposals in accordance with § 7–1226(c) of this subtitle.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, the transmission energy storage devices procured in accordance with this subsection shall be operational within 24 months after a project is selected by the Commission.

(ii) The Commission may extend the operating deadline under subparagraph (i) of this paragraph for good cause shown.
Md. Code, Insurance § 7-106 — MD Code / Article gin / Title 7 / Subtitle 1 / Section 7-106
§7–106.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section or otherwise by law, all information and documents that are filed with the Commissioner in compliance with the requirements of this title or that are reported to, obtained by, or otherwise disclosed to the Commissioner or any other person in the course of an examination or investigation made under this title:

(1) are confidential material;

(2) are not subject to subpoena;

(3) may not be made public by the Commissioner, the NAIC, or any other person; and

(4) are not subject to discovery or admissible in evidence in any civil action.

(b) Material that otherwise is confidential under subsection (a) of this section may be made public by any person who has received the prior written consent of the person to whom the material relates.

(c) If, after giving the person to whom the material relates notice and an opportunity to be heard, the Commissioner determines that it is in the interest of the policyholders, stockholders, or the public to make public any material relating to the person that otherwise is confidential under subsection (a) of this section, the Commissioner may make public all or part of the material in an appropriate manner.

(d) (1) In addition to the protections afforded confidential information filed under this title and § 2–209 of this article, the following provisions apply expressly to confidential information that is in the control or possession of the Commissioner and reported or provided to the Commissioner in accordance with § 7–603(i) and (j) of this title.

(2) Except as provided in paragraph (3) of this subsection, the document, material, or information:

(i) is recognized as being proprietary and to contain trade secrets;

(ii) is confidential and privileged;

(iii) is not subject to the Public Information Act;

(iv) is not subject to subpoena; and

(v) is not subject to discovery or admissible in evidence in any private civil action.

(3) The Commissioner may use any document, material, or information that is subject to this subsection to further any regulatory or legal action brought as part of the duties of the Commissioner.

(4) The Commissioner and any person that receives a document, material, or information that is subject to this subsection while acting under the authority of the Commissioner may not be allowed or required to testify in any private civil action concerning the document, material, or information.

(5) Except as provided in paragraph (3) of this subsection, for purposes of the information reported and provided to the Commissioner under § 7–603(i) of this title, the Commissioner shall maintain the confidentiality of the group capital calculation and group capital ratio produced within the calculation and any group capital information received from an insurance holding company supervised by the Federal Reserve Board or any U.S. group–wide supervisor.

(6) Except as provided in paragraph (3) of this subsection, for purposes of the information reported and provided to the Commissioner under § 7–603(j) of this title, the Commissioner shall maintain the confidentiality of the liquidity stress test results and supporting disclosures and any liquidity stress test information received from an insurance holding company supervised by the Federal Reserve Board and non–U.S. group–wide supervisors.

(7) In order to assist in the performance of the Commissioner’s duties, the Commissioner:

(i) except as provided in item (ii) of this paragraph, may share documents, materials, or other information, including confidential and privileged information, that may include proprietary and trade secret documents and materials with other state, federal, and international regulatory agencies, the NAIC, any third–party consultants designated by the Commissioner, and state, federal, and international law enforcement authorities, including members of any supervisory college described in § 2–209.1 of this article, if the recipient:

1. agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information; and

2. has verified in writing the legal authority to maintain confidentiality;

(ii) may share only confidential and privileged documents, material, or information reported under § 7–603(h) of this title with the commissioners of states having statutes or regulations substantially similar to this section and who have agreed in writing not to disclose the information;

(iii) 1. may receive documents, materials, or information, including otherwise confidential and privileged documents, materials, and information, that may include proprietary and trade secret information from the NAIC and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions; and

2. shall maintain as confidential and privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and

(iv) shall enter into written agreements with the NAIC and any third–party consultant designated by the Commissioner governing the sharing and use of information provided in accordance with this title and consistent with this section.

(8) An agreement entered into under paragraph (7)(iv) of this subsection shall:

(i) specify procedures and protocols regarding confidentiality and security of information shared with the NAIC or a third–party consultant designated by the Commissioner under this title, including procedures and protocols for the sharing of the information by the NAIC with other state, federal, or international regulators;

(ii) provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the documents, materials, and other information and has verified in writing the legal authority to maintain the confidentiality;

(iii) specify that ownership of information shared with the NAIC or a third–party consultant under this title remains with the Commissioner and the use of the information is subject to the direction of the Commissioner;

(iv) excluding documents, material, or information reported under § 7–603(j) of this title, prohibit the NAIC or a third–party consultant designated by the Commissioner from storing the information shared under this title in a permanent database after the underlying analysis is completed;

(v) require prompt notice to be given to an insurer whose confidential information in the possession of the NAIC or a third–party consultant designated by the Commissioner is subject to a request or subpoena to the NAIC or a third–party consultant designated by the Commissioner for disclosure or production;

(vi) require the NAIC or a third–party consultant designated by the Commissioner to consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third–party consultant designated by the Commissioner may be required to disclose confidential information about the insurer shared by the NAIC or a third–party consultant designated by the Commissioner; and

(vii) for documents, material, or information reported under § 7–603(j) of this title, provide for the notification of the identity of the consultant to the applicable insurers, in the case of an agreement involving a third–party consultant.

(9) (i) The sharing of information by the Commissioner under this title may not constitute a delegation of regulatory authority or rulemaking.

(ii) The Commissioner is solely responsible for the administration, execution, and enforcement of this title.

(10) A waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information may not occur as a result of disclosure to the Commissioner or as a result of sharing as authorized in this section.

(11) The group capital calculation and resulting group capital ratio required under § 7–603(i) of this title and the liquidity stress test along with its results and supporting disclosures required under § 7–603(j) of this title are regulatory tools for assessing group risks and capital adequacy and group liquidity risks, respectively, and are not intended as a means to rank insurers or insurance holding company systems generally.

(12) Disclosure of group capital calculation, group capital ratio, liquidity stress test results, or supporting disclosures by any insurer, broker, or other person engaged in any manner of the insurance business is subject to the following:

(i) except as provided in item (ii) of this paragraph or as otherwise required by this title, the direct or indirect disclosure, in any written, electronic, or other manner as an advertisement, an announcement or a statement containing a representation, or a statement with regard to the group capital calculation, group capital ratio, the liquidity stress test results, or supporting disclosures for the liquidity stress test of any insurer or any insurer group, or of any component derived in the calculation by any insurer, broker, or other person engaged in any manner in the insurance business would be misleading and is therefore prohibited; and

(ii) the insurer may publish announcements in a written publication if:

1. any materially false statement with respect to the group capital calculation, resulting group capital ratio, an inappropriate comparison of any amount to an insurer’s or insurance group’s group capital calculation or resulting group capital ratio, liquidity stress test result, supporting disclosures for the liquidity stress test, or an inappropriate comparison of any amount to an insurer’s or insurance group’s liquidity stress test result or supporting disclosures is published in any written publication and the insurer is able to demonstrate to the Commissioner with substantial proof the falsity of the statement or the inappropriateness of the comparison; and

2. the sole purpose of the announcements is to rebut the materially false statement or inappropriate comparison.
Md. Code, Real Property § 7-506 — MD Code / Article grp / Title 7 / Subtitle 5 / Section 7-506
§7–506.
Status: in_force

(a) The Commissioner may enforce the provisions of this subtitle by exercising any of the powers provided under §§ 2–113 through 2–116 of the Financial Institutions Article.

(b) (1) The Commissioner may seek an injunction to prohibit a person who has engaged or is engaging in a violation of this subtitle from engaging or continuing to engage in the violation.

(2) The court may enter any order or judgment necessary to:

(i) Prevent the use by a person of any prohibited practice;

(ii) Restore to a person any money or real or personal property acquired from the person by means of any prohibited practice; or

(iii) Appoint a receiver in case of willful violation of this subtitle.

(3) In any action brought by the Commissioner under this section, the Commissioner is entitled to recover the costs of the action for the use of the State.

(c) The Commissioner may enforce the provisions of this subtitle by requiring a violator to take affirmative action to correct the violation, including the restitution of money or property to any person aggrieved by the violation.

(d) The Commissioner may:

(1) Investigate violations of this subtitle; and

(2) Aid any other unit of State government that has regulatory jurisdiction over the business activities of the violator.

(e) The Commissioner may cooperate in the investigation and prosecution of any violation of this subtitle with:

(1) The Office of the Attorney General, a State’s Attorney, or any other unit of law enforcement in the State; or

(2) The Federal Trade Commission, the Consumer Financial Protection Bureau, or the U.S. Department of Housing and Urban Development.
Md. Code, Education § 7-205.1 — MD Code / Article ged / Title 7 / Subtitle 2 / Section 7-205.1
§7–205.
Status: in_force

§7–205.1.

(a) In this section, “CCR standard” means the college and career readiness standards established under this section.

(b) (1) The State Board shall establish high school curriculum, college and career readiness standards, and graduation requirements for all public schools in accordance with this section.

(2) The State Board shall coordinate and consult with the Maryland Higher Education Commission, the Governor’s Workforce Development Board, the Maryland Association of Community Colleges, and the Accountability and Implementation Board in performing its duties under this subsection.

(c) (1) (i) It is the goal of the State that students enrolled in public school shall meet the CCR standard before the end of the 10th grade and no later than the time the student graduates from high school.

(ii) It is the goal of the State that each student enrolled in public school, regardless of the student’s race, ethnicity, gender, address, socioeconomic status, or the language spoken in the student’s home, shall have equitable access to college and career readiness and shall meet the CCR standard at an equal rate.

(2) A student shall meet the CCR standard when the student meets a standard in English language arts, mathematics, and, when practicable, science that enables the student to be successful in entry level credit bearing courses or postsecondary education training at a State community college.

(3) The Blueprint for Maryland’s Future and the CCR standard established under this section are not intended to alter the need for high quality programs and content in fine arts, civics, physical education, and other areas that are necessary to provide a holistic education and enable every student to be well–rounded and meet the CCR standard.

(4) On or before January 1, 2022, the Department shall develop and begin to implement a communication strategy to inform parents, students, educators, and the wider public about the CCR standard developed under this section.

(d) (1) Beginning with the 2021–2022 school year, each student shall be assessed no later than the 10th grade by a method adopted by the State Board to determine whether the student meets the CCR standard required under subsection (c) of this section.

(2) (i) Meeting the CCR standard shall initially require a student to achieve the equivalent of a score of 4 or 5 in the mathematics and English portions of the Partnership for Assessment of Readiness for College and Career grade 10 assessments or the Maryland Comprehensive Assessment Program grade 10 assessments or any successor assessments.

(ii) After the empirical study required under paragraph (3) of this subsection is complete, the CCR standard shall reflect the results of that study.

(3) (i) On or before July 1, 2022, the Department, in consultation with the Accountability and Implementation Board, shall contract with a public or private entity to conduct an empirical study of the CCR standard required under this subsection to determine whether that standard adequately meets the CCR standard required under subsection (c) of this section.

(ii) 1. An entity with whom the Department contracts under this paragraph shall determine the levels and types of literacy in reading, writing, mathematics, and, when practicable, science, that are needed to succeed in entry–level courses and postsecondary training offered at community colleges in the State.

2. In performing the study required under this subparagraph, the entity shall:

A. Examine top–performing educational systems throughout the world, comparing these systems to the education offered in the State; and

B. Consider potential sources of bias in any proposed assessment and strive to eliminate any potential bias in a proposed CCR modification.

(iii) An entity responsible for conducting the study under this paragraph may not be reimbursed for international travel but may be reimbursed for reasonable domestic travel.

(iv) On or before September 1, 2023, the entity shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, and the Accountability and Implementation Board on the results of its study and recommendations to modify the CCR standard to align with the literacy standards necessary to be successful in State community colleges and, to the extent applicable, comparable postsecondary institutions in top performing systems.

(4) After the study conducted under paragraph (3) of this subsection is complete, and periodically thereafter, the State Board shall:

(i) Adopt a new CCR standard as required by paragraph (2) of this subsection;

(ii) Determine whether the assessments required under subsection (3) of this section are sufficient to determine whether high school students meet the CCR standard, including whether the assessments contain any potential bias; and

(iii) If the assessments are not sufficient, adjust the assessments accordingly.

(e) (1) (i) Each county board, in collaboration with the community colleges, shall develop and implement by the 2023–2024 school year a program of study for students who have not met the CCR standard by the end of the 10th grade.

(ii) Courses developed under this paragraph shall include applied experiential courses that are highly engaging and focus on the completion of projects and solution of problems as core course components.

(2) Courses under this subsection shall be delivered:

(i) In the 11th and 12th grades to students who have not achieved the CCR standard by the end of the 10th grade; and

(ii) Subject to the requirements under paragraph (4) of this subsection, before the 10th grade for a student who is not on track to meet the CCR standard by the end of the 10th grade.

(3) (i) The implementation of the courses required under this subsection:

1. Shall include an assessment or reassessment of the student after completion of the course;

2. May not preclude or replace enrollment in a course otherwise required for graduation from high school; and

3. Subject to subparagraph (ii) of this paragraph, beginning with the 2022–2023 school year, may not preclude enrollment in the initial stages of one or more post–CCR pathways established under subsection (g) of this section, including the opportunity to make progress towards a CTE credential.

(ii) When the Accountability and Implementation Board determines that the Blueprint for Maryland’s Future has been fully implemented, post–CCR pathways shall be available only to students who have met the CCR standard, except under limited circumstances determined by the Board.

(4) (i) A middle school or high school student who is not progressing in a manner that would predictably result in the student meeting the CCR standard by the end of the 10th grade shall be enrolled in an extended curriculum with alternative approaches that are tailored to the student’s specific circumstances and needs.

(ii) The extended curriculum may include culturally responsive lessons, adjustment in pedagogy, with an emphasis on project–based and problem–based applied learning, and varied instructional timing.

(iii) A student may be placed in the extended curriculum for specific subjects.

(iv) A student who is close to meeting the CCR standard by the end of the 10th grade may be enrolled in an extended summer curriculum.

(v) A student who is placed in the extended curriculum and makes more progress than expected may be returned to other courses.

(f) (1) Each student who has not met the CCR standard by the end of the 10th grade shall receive an individualized plan designed to prepare the student for success in meeting the CCR standard.

(2) A teacher working with a student under this subsection shall:

(i) Assemble a team of other teachers to monitor the student’s progress;

(ii) Meet with the student’s parents or guardians to help plan for the student’s success; and

(iii) Work with public and private agencies to provide the student and the student’s family with support necessary to foster the student’s success.

(g) (1) Subject to paragraph (4) of this subsection, beginning in the 2023–2024 school year, each county board shall provide all students who meet the CCR standard required under subsection (c) of this section with access to the following post college and career readiness (post–CCR) pathways, at no cost to the student or the student’s parents, including the cost of any fees:

(i) A competitive entry college preparatory program, chosen by the county board, consisting of:

1. The International Baccalaureate Diploma Program;

2. The Cambridge AICE Diploma Program; or

3. A comparable program consisting of Advanced Placement courses specified by the College Board;

(ii) A program that allows a student, through an early college program or dual enrollment at a student’s high school and an institution of higher education to earn:

1. An associate degree; or

2. At least 60 credits toward a bachelor’s degree; and

(iii) A robust set of career and technology education programs that are recommended by the CTE Skills Standards Advisory Committee and approved by the CTE Committee and that allow students to complete:

1. A credit or noncredit certificate or license program, course, or sequence of courses, including a program, course, or courses taken through dual enrollment under § 15–127 of this article, at a secondary or postsecondary institution, through an Advanced Placement course at a secondary institution, or through an apprenticeship sponsor that leads to an industry recognized occupational–credential or postsecondary certificate;

2. A registered apprenticeship program approved by the Division of Workforce Development and Adult Learning within the Maryland Department of Labor; or

3. A youth apprenticeship program, under Title 18, Subtitle 18 of this article.

(2) Each public high school shall provide access to the programs described under paragraph (1) of this subsection through that public school or through another public school in the county.

(3) (i) Each student who meets the CCR standard required under subsection (c) of this section shall be enrolled in at least one post–CCR pathway described in paragraph (1) of this subsection.

(ii) Each student who enrolls in a post–CCR pathway shall remain enrolled in the student’s public high school.

(iii) Each public high school shall provide to every student, regardless of whether the student is enrolled in a post–CCR pathway, the full range of services to which the student is entitled, including:

1. Personal, career, and academic advising; and

2. Counseling, in accordance with § 7–126 of this title, to help the student choose one or more post–CCR pathways, or courses within a post–CCR pathway, that fits with the student’s educational and career goals.

(iv) Priority for counseling and advising services described under subparagraph (iii) of this paragraph shall be given to students who have not met the CCR standard by the end of 10th grade.

(v) Any high school graduation requirements that a student does not meet by the time the student has completed the assessment required under subsection (d) of this section shall be provided within the post–CCR pathway the student chooses.

(4) To phase in expansion of dual enrollment to maximize the number of students who can earn the maximum number of dual enrollment credits consistent with the phased increases in school funding, for fiscal years 2025 through 2027, the State Board and the Accountability and Implementation Board, in consultation with each local school system, may limit the number and types of courses that a student dually enrolled at the student’s public high school and at an institution of higher education may enroll in during the school year at the institution of higher education as part of the post–CCR pathway in accordance with paragraph (1) of this subsection and § 15–127 of this article.

(5) (i) The State Board shall adopt regulations to carry out this subsection.

(ii) The regulations shall include standards that:

1. Guarantee, to the extent practicable, statewide uniformity in the quality of the post–CCR pathways;

2. Meet the requirements of paragraph (1) of this subsection; and

3. Require high school graduation credit to be awarded for any programs administered in accordance with this subsection.

(h) (1) (i) Beginning with the 9th grade class of 2014, and subject to paragraph (2) of this subsection and subsection (j) of this section, each student shall enroll in a mathematics course in each year that the student attends high school.

(ii) The requirements of this subsection may be achieved under post–CCR pathways.

(2) The Department shall adopt regulations that establish the mathematics and math–related courses that fulfill the requirements of this subsection, which may include math–related career and technical program courses.

(i) It is the goal of the State that:

(1) Subject to item (2) of this subsection, all students achieve mathematics competency in Algebra II; and

(2) After the completion of the study required under subsection (d) of this section, all students achieve mathematics competency in the standard the State Board adopts in response to the study.

(j) A student who is enrolled in a credit–bearing mathematics transition course under subsection (e) of this section:

(1) Subject to item (2) of this subsection, shall be considered to meet the requirements of subsection (h) of this section; and

(2) May not be considered to meet the requirements of subsection (h) of this section if other credit–bearing courses required for graduation have not been met.

(k) The State Board may only require a passing score on a standardized assessment to evaluate a student for graduation from high school after the assessment has been field–tested and piloted for at least 1 year.

(l) (1) The Department shall adopt regulations to require the award of credit toward high school graduation requirements for the time students spend participating in post–CCR pathways under subsection (h) of this section.

(2) The Department’s regulations shall include high school credit towards the high school graduation requirements for any college courses that are approved by the Department.
Md. Code, Public Utilities § 7-702 — MD Code / Article gpu / Title 7 / Subtitle 7 / Section 7-702
§7–702.
Status: in_force

(a) It is the intent of the General Assembly to:

(1) recognize the economic, environmental, fuel diversity, and security benefits of renewable energy resources;

(2) reduce greenhouse gas emissions and eliminate carbon–fueled generation from the State’s electric grid by using these resources;

(3) establish a market for electricity from these resources in Maryland; and

(4) lower the cost to consumers of electricity produced from these resources.

(b) The General Assembly finds that:

(1) the benefits of electricity from renewable energy resources, including long–term decreased emissions, a healthier environment, increased energy security, and decreased reliance on and vulnerability from imported energy sources, accrue to the public at large;

(2) electricity suppliers and consumers share an obligation to develop a minimum level of these resources in the electricity supply portfolio of the State; and

(3) the State needs to increase its reliance on renewable energy in order to:

(i) reduce greenhouse gas emissions and meet the State’s greenhouse gas emissions reduction goals under § 2–1205 of the Environment Article; and

(ii) provide opportunities for small, minority, women–owned, and veteran–owned businesses to participate in and develop a highly skilled workforce for clean energy industries in the State.
Md. Code, Criminal Law § 7-202 — MD Code / Article gcr / Title 7 / Subtitle 2 / Section 7-202
§7–202.
Status: in_force

(a) A bailee for hire, or a servant, agent, or employee of the bailee, may not willfully appropriate and use, or allow the appropriation and use of, any property that is the subject matter of the bailment without the consent of the owner of that property.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $100 or both.
Md. Code, Financial Institutions § 7-113 — MD Code / Article gfi / Title 7 / Subtitle 1 / Section 7-113
§7–113.
Status: in_force

(a) This section applies notwithstanding any other provisions of law.

(b) (1) The Corporation and the Commissioner may exchange information about credit unions.

(2) The Commissioner shall make available to the Corporation all examinations of credit unions that are members of the Corporation.

(c) If a credit union is not incorporated under the laws of this State, the credit union may not be accepted as a member of the Corporation unless it submits a written statement from the agency that regulates it stating that the agency will cooperate with the Commissioner in carrying out the provisions of this title.
Md. Code, Transportation § 7-703 — MD Code / Article gtr / Title 7 / Subtitle 7 / Section 7-703
§7–703.
Status: in_force

(a) The Administration shall self insure or purchase and maintain insurance against:

(1) Loss or damage to its property; and

(2) Liability for injury to persons or property.

(b) The Administration may purchase insurance against loss of revenue from any cause.

(c) Subject to the requirements of any agreement in connection with the issuance by the Administration of its obligations, all insurance coverage shall be in the form and amount that the Administration determines.

(d) (1) Each lease of Administration property shall require the lessee to purchase, maintain, and pay for insurance that:

(i) Reasonably protects the Administration from liability related to the property; and

(ii) Insures the leased property in the name of the Administration for its full insurable value against all reasonable and insurable risks.

(2) Each lease of Administration property shall require the lessee to indemnify and hold the Administration harmless for the negligence of the lessee, its agents, and its employees.
Md. Code, Criminal Law § 7-204 — MD Code / Article gcr / Title 7 / Subtitle 2 / Section 7-204
§7–204.
Status: in_force

(a) A person may not use, distribute, manufacture, duplicate, or possess keys capable of being used in locks in or on real property that the State owns or leases unless the use, distribution, manufacture, duplication, or possession is in accordance with the regulations adopted under subsection (c) of this section.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 for each violation.

(c) (1) The Department of General Services shall adopt regulations to govern the use, distribution, manufacture, duplication, and possession of keys capable of being used in locks in or on real property that the State owns or leases.

(2) Each key subject to the regulations adopted under this subsection shall be clearly identified by:

(i) the words “do not duplicate” or “unlawful to duplicate”; and

(ii) a symbol indicating State ownership.
Md. Code, General Provisions § 7-401 — MD Code / Article ggp / Title 7 / Subtitle 4 / Section 7-401
§7–401.
Status: in_force

(a) The Governor annually shall proclaim the day designated as new year on the Asian lunar calendar as Asian Lunar New Year Day.

(b) Asian Lunar New Year Day is in recognition of the economic and cultural contributions of the many Marylanders for whom the lunar new year holds special significance.
Md. Code, Housing and Community Development § 7-203 — MD Code / Article ghs / Title 7 / Subtitle 2 / Section 7-203
§7–203.
Status: in_force

(a) An owner may not take a protected action unless the owner has provided all tenant protection assistance required by this title.

(b) Before a sale or conveyance of an assisted project that is a protected action, the owner shall offer the right of first purchase in accordance with this subtitle.