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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0673*
HOUSE BILL 673
I4, M5, R4 6lr1833
HB 1258/25 – ENT & ECM
By: Delegates Arikan , Adams, Alston, Anderson, Baker, Beauchamp, Chisholm,
Conaway, Fisher, Grammer, Kipke, Miller, M. Morgan, Nawrocki, Reilly,
Sample–Hughes, Szeliga, Valentine, and Wivell
Introduced and read first time: February 2, 2026
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Consumer Goods – Restrictions Based on Energy Source – Prohibition 2
(Energy Equality Act of 2026) 3
FOR the purpose of prohibiting a local government or unit of State government from 4
restricting the sale, purchase, or use of a certain consumer good solely on the basis 5
of the energy source used to power the consumer good; repealing provisions of law 6
requiring the Department of the Environment to establish and maintain a certain 7
low emissions vehicle program; repealing provisions of law requiring the Department 8
to establish requirements for the sale of new zero –emission medium – and 9
heavy–duty vehicles; app lying this Act retroactively; and generally relating to 10
restrictions on the sale, purchase, or use of vehicles and consumer goods based on 11
energy source. 12
BY adding to 13
Article – Commercial Law 14
Section 11–906 15
Annotated Code of Maryland 16
(2013 Replacement Volume and 2025 Supplement) 17
BY repealing 18
Article – Environment 19
Section 2 –1101 through 2 –1103, 2 –1103.1, and 2 –1104 through 2 –1106 and the 20
subtitle “Subtitle 11. Low Emissions Vehicle Program” 21
Annotated Code of Maryland 22
(2013 Replacement Volume and 2025 Supplement) 23
BY repealing and reenacting, with amendments, 24
Article – Transportation 25
Section 13–110(5) and 13–406(9) 26
2 HOUSE BILL 673
Annotated Code of Maryland 1
(2020 Replacement Volume and 2025 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – Transportation 4
Section 13–406(10) 5
Annotated Code of Maryland 6
(2020 Replacement Volume and 2025 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Commercial Law 10
11–906. 11
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(2) (I) “CONSUMER GOOD ” MEANS A GOOD THAT IS INTENDED 14
PRIMARILY FOR PERSONAL, HOUSEHOLD, FAMILY, OR AGRICULTURAL USE. 15
(II) “CONSUMER GOOD” INCLUDES: 16
1. A MOTOR VEHICLE; 17
2. AN APPLIANCE; AND 18
3. ANY OTHER TANGIBLE PRODUCT. 19
(3) “ENERGY SOURCE” INCLUDES: 20
(I) ELECTRICITY; 21
(II) GASOLINE; 22
(III) NATURAL GAS; 23
(IV) PROPANE; AND 24
(V) ANY OTHER FUEL SOURCE AUTHORIZED UNDER FED ERAL 25
LAW. 26
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(B) A LOCAL GOVERNMENT OR UNIT OF STATE GOVERNMENT MAY NOT 1
RESTRICT THE SALE, PURCHASE, OR USE OF ANY CONSUMER GOOD SOLELY ON THE 2
BASIS OF THE ENERGY SOURCE USED TO POWER THE CONSUMER GOOD. 3
Article – Environment 4
[Subtitle 11. Low Emissions Vehicle Program.] 5
[2–1101. 6
(a) In this subtitle the following words have the meanings indicated. 7
(b) “Administration” means the Motor Vehicle Administration. 8
(c) “Program” means the low emissions vehicle program established under this 9
subtitle. 10
(d) “Transfer” includes acquire, purchase, sell, and lease.] 11
[2–1102. 12
(a) In consultation with the Administration and as provided under this subtitle, 13
the Department shall establish by regulation and maintain a low emissions vehicle 14
program that: 15
(1) Is authorized by § 177 of the federal Clean Air Act; and 16
(2) Is applicable to vehicles of the 2011 model year and each model year 17
thereafter. 18
(b) As part of the program, the Department shall establish new motor vehicle 19
emissions standards and compliance requirements for each model year included in the 20
program as authorized by § 177 of the federal Clean Air Act. 21
(c) As part of the compliance requirements established under this subtitle, the 22
Department may adopt by regulation motor vehicle emissions inspe ction, recall, and 23
warranty requirements. 24
(d) The Department or any other State agency may not adopt a regulation under 25
this subtitle or any other provision of law that requires the sale or use of California 26
reformulated gasoline in the State.] 27
[2–1103. 28
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To minimize the administrative impact of the program and to minimize the impact 1
of motor vehicle emissions generated out of state on the air quality of this State, the 2
Department: 3
(1) May adopt California regulations, procedures, and certification data by 4
reference; and 5
(2) May work in cooperation with, and enter into contracts or agreements 6
with, California, other states, and the District of Columbia to administer certification, 7
in–use compliance, inspection, recall, and warranty requirements for the program.] 8
[2–1103.1. 9
(a) (1) In this section the following words have the meanings indicated. 10
(2) “Heavy–duty vehicle” means a vehicle with a gross vehicle weight 11
rating equal to or greater than 14,001 pounds. 12
(3) “Medium–duty vehicle” means a vehicle with a gross vehicle weight 13
rating of not less than 8,501 pounds and not more than 14,000 pounds. 14
(b) (1) On or before December 1, 2023, the Department shall adopt regulations 15
establishing requirements for the sale of new zero –emission medium – and heavy –duty 16
vehicles in the State. 17
(2) The regulations adopted under paragraph (1) of this subsection shall: 18
(i) Update existing regulations; 19
(ii) Incorporate by reference the California Air Resources Board’s 20
Advanced Clean Trucks regulations, as revised and updated; and 21
(iii) Subject to subsection (d) of this section, take effect starting with 22
model year 2027. 23
(c) (1) The Department, in consultation with the Department of 24
Transportation, the Department of General Services, th e Maryland Energy 25
Administration, and the Public Service Commission, shall prepare a needs assessment and 26
deployment plan relating to the successful implementation of regulations adopted under 27
this section. 28
(2) The needs assessment and deployment plan shall assess and plan for: 29
(i) The additional electrical capacity, transmission, distribution 30
demands, and hydrogen fueling demands that will result from implementation of the 31
regulations, and the ability of the State’s electric utilities, grid, and hyd rogen 32
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infrastructure to meet those demands, based on publicly available information and existing 1
analyses; 2
(ii) The number of zero–emission medium– and heavy–duty vehicle 3
recharging and refueling stations recommended for implementation of the regulations, and 4
the costs, permitting processes, and timelines for installing those stations; 5
(iii) The purchase incentives and other mechanisms recommended 6
for successful implementation of the regulations, including incentives for recharging and 7
refueling sta tions and related infrastructure, and the existing and potential sources of 8
funding for those incentives and mechanisms; and 9
(iv) The timeline, economic feasibility, and models available for 10
transitioning medium – and heavy –duty vehicles in the State ve hicle fleet, including 11
State–contracted medium– and heavy–duty vehicles, to zero–emission vehicles. 12
(3) On or before December 1, 2024, the Department shall submit the needs 13
assessment and deployment plan to the General Assembly in accordance with § 2 –1257 of 14
the State Government Article. 15
(d) The Department may delay implementation of the regulations authorized 16
under this section by one or more model years if, after consulting with the Department of 17
Transportation, the Department of General Services, t he Maryland Energy 18
Administration, and the Public Service Commission, the Department determines, based on 19
criteria identified through the needs assessment and deployment plan, that 20
implementation of the regulations is not yet feasible.] 21
[2–1104. 22
(a) Except as otherwise provided in this subtitle, the Administration may not title 23
or register, under Title 13 of the Transportation Article, a new motor vehicle that is subject 24
to the provisions of this subtitle if the motor vehicle does not comply with the provisions of 25
this subtitle or any regulation adopted under this subtitle. 26
(b) Except as otherwise provided in this subtitle, a person may not transfer or 27
attempt to transfer a motor vehicle or motor vehicle engine that is subject to the provisions 28
of this subtitle if the vehicle or engine does not comply with the program. 29
(c) A person may not procure or attempt to procure, through fraud or 30
misrepresentation, the title or registration of a motor vehicle that is subject to the 31
provisions of this subtitle if the vehicle does not comply with the program. 32
(d) The Department, in consultation with the Administration, may adopt 33
regulations to prohibit the transfer of new motor vehicles or motor vehicle engines that are 34
not in compliance with the provisions of this subtitle.] 35
[2–1105. 36
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(a) The Department shall, in consultation with the Administration, adopt 1
regulations to exempt motor vehicles from the program. 2
(b) Exemptions established under subsection (a) of this section shall be limited 3
to: 4
(1) Motor vehicles sold for registration out of the State; 5
(2) Motor vehicles sold from a licensed dealer to another licensed dealer; 6
and 7
(3) Motor vehicles that would be exempted from the low emissions vehicle 8
program established under California law. 9
(c) For any motor vehicle exempted under subsection (a) of this section, the 10
Administration shall note the exemption on the title of the motor vehicle.] 11
[2–1106. 12
(a) The enforcement and penalty provisions of Subtitle 6 of this title shall apply 13
to a violation of this subtitle. 14
(b) Each transfer or attempted transfer of a motor vehicle or motor vehicle engine 15
in violation of § 2 –1104(b) of this subtitle shall constitute a separate violation of the 16
provisions of this subtitle.] 17
Article – Transportation 18
13–110. 19
The Administration shall refuse to issue a certificate of title of a vehicle if: 20
(5) The Administration has reasonable grounds to believe: 21
(i) That the applicant is not the owner of the vehicle; OR 22
(ii) That the issuance of a certifica te of title to the applicant would 23
be a fraud against another person[; or 24
(iii) That the vehicle does not comply with Title 2, Subtitle 11 of the 25
Environment Article or any regulation adopted under that subtitle]. 26
13–406. 27
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The Administration shall refuse to register or transfer the registration of any vehicle 1
if: 2
(9) The Administration has reasonable grounds to believe: 3
(i) That the vehicle is stolen; OR 4
(ii) That the grant or transfer of registration would be a fraud 5
against another person; or 6
[(iii) That the vehicle does not comply with Title 2, Subtitle 11 of the 7
Environment Article or any regulations adopted under that subtitle; or] 8
(10) The gross vehicle weight is 55,000 pounds or over and the applicant has 9
failed to furnish proof of payment of the Federal Heavy Vehicle Use Tax. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 11
apply retroactively and shall be applied to and interpreted to affect State and local 12
restrictions adopted before the effective date of this Act. 13
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2026. 15