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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0923*
SENATE BILL 923
M5 6lr2872
By: Senator Harris
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Solar Photovoltaic Modules, Energy Storage, and Zero–Emission Vehicles – 2
Advisory Councils, Checkoff Programs, and Funds 3
FOR the purpose of establishing the Maryland Solar Photovoltaic Module Energy Security 4
and Affordability Fund Advisory Council to support the marketing and promotion of 5
solar photovoltaic modules , including the creation of a certain checkoff program ; 6
establishing the Maryland Solar Photovoltaic Module Energy Security and 7
Affordability Fund as a special, nonlapsing fund and requiring interest earnings of 8
the Maryland Solar Photovoltaic Module Energy Security and Affordability Fund to 9
be credited to the Maryland Solar Photovoltaic Module Energy Secu rity and 10
Affordability Fund; establishing the Maryland Energy Storage and Affordability 11
Fund Advisory Council to support the marketing and promotion of energy storage 12
systems, including the creation of a certain checkoff program ; establishing the 13
Maryland Energy Storage and Affordability Fund as a special, nonlapsing fund and 14
requiring interest earnings of the Maryland Energy Storage and Affordability Fund 15
to be credited to the Maryland Energy Storage and Affordability Fund; establishing 16
the Maryland Zero –Emission Vehicle Energy Security and Affordability Fund 17
Advisory Council to support the marketing and promotion of zero–emission vehicles, 18
including the creation of a certain checkoff program ; establishing the Maryland 19
Zero–Emission Vehicle Energy Security and Affordability Fund as a special, 20
nonlapsing fund and requiring interest earnings of the Maryland Zero–Emission 21
Vehicle Energy Security and Affordability Fund to be credited to the Maryland 22
Zero–Emission Vehicle Energy Security and Affordability Fund; and generally 23
relating to the marketing and promotion of solar photovoltaic modules, energy 24
storage, and zero–emission vehicle technologies. 25
BY repealing and reenacting, without amendments, 26
Article – State Finance and Procurement 27
Section 6–226(a)(2)(i) and (ii) 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2025 Supplement) 30
2 SENATE BILL 923
BY repealing and reenacting, with amendments, 1
Article – State Finance and Procurement 2
Section 6–226(a)(2)(iii)212. and 213. 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2025 Supplement) 5
BY adding to 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(iii)214. through 216. 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – State Government 12
Section 9–2001 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15
BY adding to 16
Article – State Government 17
Section 9–2018 through 9–2020 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – State Finance and Procurement 23
6–226. 24
(a) (2) (i) This paragraph does not apply in fiscal years 2024 through 2028. 25
(ii) Notwithstanding any other provision of law, and unless 26
inconsistent with a federal law, grant agreement, or other federal requirement or with the 27
terms of a gift or settlement agreement, net interest on all State money allocated by the 28
State Treasurer under this section to special funds or accounts, and otherwise entitled to 29
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 30
Fund of the State. 31
(iii) The provisions of subparagraph (ii) of this paragraph do no t 32
apply to the following funds: 33
212. the Department of Social and Economic Mobility Special 34
Fund; [and] 35
SENATE BILL 923 3
213. the Population Health Improvement Fund; 1
214. THE MARYLAND SOLAR PHOTOVOLTAIC MODULE 2
ENERGY SECURITY AND AFFORDABILITY FUND; 3
215. THE MARYLAND ENERGY STORAGE AND 4
AFFORDABILITY FUND; AND 5
216. THE MARYLAND ZERO–EMISSION VEHICLE ENERGY 6
SECURITY AND AFFORDABILITY FUND. 7
Article – State Government 8
9–2001. 9
(a) In this subtitle the following words have the meanings indicated. 10
(b) “Administration” means the Maryland Energy Administration. 11
(c) “Director” means the Director of the Maryland Energy Administration. 12
9–2018. 13
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(2) “CHAIR” MEANS THE CHAIR OF THE COUNCIL. 16
(3) “COUNCIL” MEANS THE MARYLAND SOLAR PHOTOVOLTAIC 17
MODULE ENERGY SECURITY AND AFFORDABILITY FUND ADVISORY COUNCIL. 18
(4) “FUND” MEANS THE MARYLAND SOLAR PHOTOVOLTAIC MODULE 19
ENERGY SECURITY AND AFFORDABILITY FUND. 20
(B) (1) THERE IS A MARYLAND SOLAR PHOTOVOLTAIC MODULE 21
ENERGY SECURITY AND AFFORDABILITY FUND ADVISORY COUNCIL. 22
(2) THE COUNCIL CONSISTS OF THE FOLLOWING MEMBERS: 23
(I) FIVE REPRESENTATIVES OF THE MANUFACTURERS, RETAIL 24
SELLERS, OR INSTALLERS OF SOL AR PHOTOVOLTAIC MODU LES, DESIGNATED BY 25
THE CHAIR OF THE COUNCIL; 26
(II) TWO REPRESENTATIVES OF S TAKEHOLDER 27
4 SENATE BILL 923
ORGANIZATIONS THAT ARE DIRECTLY RE LATED TO THE PRODUCT ION, ASSEMBLY, 1
OR DEVELOPMENT OF SO LAR PHOTOVOLTAIC MODULES, DESIGNATED BY THE 2
CHAIR OF THE COUNCIL; AND 3
(III) AS AN EX OFFICIO MEMBER , THE DIRECTOR OR THE 4
DIRECTOR’S DESIGNEE. 5
(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE 6
TERM OF OFFICE OF EACH DESIGNATED MEMBER IS 5 YEARS. 7
(II) 1. THE TERM OF A DESIGNATED MEMBER SHALL BE 8
STAGGERED, AS PROVIDED BY THE CHAIR. 9
2. AN INITIAL TERM OF A DESIGNATED MEMBER MA Y 10
NOT EXCEED MORE THAN 5 YEARS. 11
(III) A DESIGNATED MEMBER MAY NOT SERVE MORE THAN 2 12
TERMS. 13
(IV) AT THE END OF A TERM , A DESIGNATED MEMBER 14
CONTINUES TO SERVE UNTIL A SUCCESSOR IS DESIGNATED. 15
(V) A MEMBER WHO IS DESIGNATED AFTER A TERM HAS BEGUN 16
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS DESIGNATED. 17
(4) THE DIRECTOR OR THE DIRECTOR’S DESIGNEE SHALL SERVE AS 18
THE CHAIR OF THE COUNCIL. 19
(5) (I) THE ADMINISTRATION SHALL PROVIDE STAFF FOR TH E 20
COUNCIL. 21
(II) THE ADMINISTRATION IS ENT ITLED TO UP TO 5% OF THE 22
FEES DEPOSITED INTO THE FUND TO REIMBURSE THE ADMINISTRATION FOR THE 23
COSTS OF PROVIDING STAFF TO THE COUNCIL. 24
(6) A MEMBER OF THE COUNCIL: 25
(I) SHALL RECEIVE $100 PER DAY, FOR A MAXIMUM OF 36 DAYS 26
PER YEAR, FOR EACH DAY SPENT I N ATTENDANCE AT MEET INGS OF THE COUNCIL 27
OR ON THE BUSINESS OF THE COUNCIL; AND 28
(II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 29
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 30
SENATE BILL 923 5
BUDGET. 1
(C) THE COUNCIL SHALL: 2
(1) PROVIDE FUNDING FOR THE CREATION AND PUBLICATION OF 3
RESEARCH, COMMUNICATION, MARKETING, AND EDUCATIONAL CAMPAIGNS THAT: 4
(I) ARE ALIGNED WITH THE STATE’S CLEAN ENERGY GOALS; 5
(II) COMBAT MISINFORMATIO N RELATED TO SOLAR 6
PHOTOVOLTAIC TECHNOLOGY; AND 7
(III) EMPHASIZE THE BENEFITS AND AFFORDABILITY OF SOLAR 8
PHOTOVOLTAIC MODULES; 9
(2) COOPERATE WITH ANY L OCAL, STATE, OR NATIONAL 10
ORGANIZATION THAT IS ENGAGED IN THE PR OMOTION OF SOLAR PHOTOVOLTAIC 11
MODULES; 12
(3) MAKE RECOMMENDATIONS TO THE ADMINISTRATION REGARDING 13
POSSIBLE CONTRACTS OR AGREEMENTS WITH AN ENTITY IDENTIFIED IN ITEM (2) OF 14
THIS SUBSECTION TO CARRY OUT JOINT RESEARCH, COMMUNICATION, MARKETING, 15
OR EDUCATIONAL CAMPAIGNS; AND 16
(4) SUBJECT TO THE APPROVAL OF THE ADMINISTRATION, CONDUCT 17
ANY ACTIVITIES TO CA RRY OUT ANY CAMPAIGN S UNDER ITEM (1) OF THIS 18
SUBSECTION. 19
(D) THE CHAIR MAY ESTABLISH A CHECKOFF PROGRAM THAT APPLIES TO 20
SOLAR PHOTOVOLTAIC MODULES OR O THER TECHNOLOGIES PR OPOSED BY THE 21
COUNCIL. 22
(E) (1) THERE IS A MARYLAND SOLAR PHOTOVOLTAIC MODULE 23
ENERGY SECURITY AND AFFORDABILITY FUND. 24
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO THE 25
COUNCIL TO CARRY OUT THE DUTIES OF THE CHAIR AND THE COUNCIL UNDER 26
SUBSECTIONS (C) AND (D) OF THIS SECTION. 27
(3) THE COUNCIL SHALL ADMINISTER THE FUND. 28
(4) (I) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 29
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 30
6 SENATE BILL 923
(II) THE STATE TREASURER SHALL HOLD THE FUND 1
SEPARATELY, AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 2
(5) THE FUND CONSISTS OF: 3
(I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 4
FUND; 5
(II) FEES PAID BY SOLAR PHOTOVOLTAIC M ANUFACTURERS 6
AND RETAILERS UNDER SUBSECTION (F)(2) OF THIS SECTION; 7
(III) INTEREST EARNINGS; AND 8
(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 9
FOR THE BENEFIT OF THE FUND. 10
(6) THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THE 11
COUNCIL UNDER SUBSECTIONS (C) AND (D) OF THIS SECTION. 12
(7) (I) THE STATE TREASURER SHALL INVEST THE MONEY OF THE 13
FUND IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 14
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 15
CREDITED TO THE FUND. 16
(F) (1) ANY MONEY APPROPRIATED TO THE FUND IN THE STATE BUDGET 17
SHALL BE REPAID TO T HE STATE FROM THE PROCEEDS OF THE FEE ESTABLISHED 18
UNDER PARAGRAPH (2) OF THIS SUBSECTION. 19
(2) (I) THE ADMINISTRATION SHALL IMPOSE A FEE OF $0.02 PER 20
WATT OF GENERATING CAPACITY ON SOLAR PHOTOVOLTAI C MODULES SOLD FOR 21
INSTALLATION IN THE STATE. 22
(II) THE FEE UNDER SUBPARA GRAPH (I) OF THIS PARAGRAPH 23
APPLIES TO: 24
1. WHOLESALE AND RETAIL TRANSACTIONS, INCLUDING 25
ONLINE TRANSACTIONS TO BE SHIPPED TO A MARYLAND ADDRESS; AND 26
2. PURCHASES MADE BY IN DIVIDUALS, BUSINESSES, 27
GOVERNMENTAL AGENCIES, AND ELECTRIC COMPANIES. 28
SENATE BILL 923 7
(III) THE COUNCIL MAY ADJUST TH E FEE IMPOSED UNDER 1
SUBPARAGRAPH (I) OF THIS PARAGRAPH: 2
1. EVERY 2 YEARS; AND 3
2. IN ACCORDANCE WITH INFLATION AND THE NEEDS OF 4
THE COUNCIL. 5
(IV) THE FEE IMPOSED UNDER SUBPARAGRAPH (I) OF THIS 6
PARAGRAPH IN ANY SALE MAY NOT EXCEED THE LESSER OF: 7
1. 0.5% OF THE WHOLESALE VAL UE OF THE SOLAR 8
PHOTOVOLTAIC MODULE SOLD; OR 9
2. AN AMOUNT SUFFICIENT TO PAY FOR THE 10
REASONABLE COSTS OF THE COUNCIL. 11
9–2019. 12
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(2) “CHAIR” MEANS THE CHAIR OF THE COUNCIL. 15
(3) “COUNCIL” MEANS THE MARYLAND ENERGY STORAGE AND 16
AFFORDABILITY FUND ADVISORY COUNCIL. 17
(4) “ELECTRIC COMPANY” HAS THE MEANING STATED IN § 1–101 OF 18
THE PUBLIC UTILITIES ARTICLE. 19
(5) “ENERGY STORAGE SYSTEM ” MEANS A COMMERCIALLY 20
AVAILABLE TECHNOLOGY THAT IS: 21
(I) CAPABLE OF ABSORBING ENERGY, STORING THE ENERGY 22
FOR A PERIOD OF TIME, AND THEREAFTER DISPATCHING THE ENERGY; AND 23
(II) 1. CENTRALIZED OR DISTRIBUTED; OR 24
2. OWNED BY AN ELECTRIC COMPANY, A RETAIL 25
ELECTRIC CUSTOMER, OR A THIRD PARTY. 26
(6) “FUND” MEANS THE MARYLAND ENERGY STORAGE AND 27
AFFORDABILITY FUND. 28
8 SENATE BILL 923
(7) “RETAIL ELECTRIC CUSTO MER” HAS THE MEANING STAT ED IN § 1
1–101 OF THE PUBLIC UTILITIES ARTICLE. 2
(B) (1) THERE IS A MARYLAND ENERGY STORAGE AND AFFORDABILITY 3
FUND ADVISORY COUNCIL. 4
(2) THE COUNCIL CONSISTS OF THE FOLLOWING MEMBERS: 5
(I) AT LEAST FIVE REPRESENTATIVES OF T HE 6
MANUFACTURERS, RETAIL SELLERS , OR INSTALLERS OF ENE RGY STORAGE 7
SYSTEMS, DESIGNATED BY THE CHAIR; 8
(II) AT LEAST TWO REPRESENTATIVES OF S TAKEHOLDER 9
ORGANIZATIONS THAT ARE DIRECTLY RE LATED TO THE PRODUCT ION, ASSEMBLY, 10
OR DEVELOPMENT OF ENERGY STORAGE SYSTEMS, DESIGNATED BY THE CHAIR; AND 11
(III) AS AN EX OFFICIO MEM BER, THE DIRECTOR, OR THE 12
DIRECTOR’S DESIGNEE. 13
(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE 14
TERM OF OFFICE OF EACH DESIGNATED MEMBER IS 5 YEARS. 15
(II) 1. THE TERM OF A DESIGNATED MEMBER SHALL BE 16
STAGGERED AS PROVIDED BY THE CHAIR. 17
2. AN INITIAL TERM OF A DESIGNATED MEMB ER MAY 18
NOT EXCEED 5 YEARS. 19
(III) A DESIGNATED MEMBER MAY NOT SERVE MORE THAN 2 20
TERMS. 21
(IV) AT THE END OF A TERM, A DESIGNATED MEMBER 22
CONTINUES TO SERVE UNTIL A SUCCESSOR IS DESIGNATED. 23
(V) A MEMBER WHO IS DESIGNATED AFTER A TERM HAS BEGUN 24
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS DESIGNATED. 25
(4) THE DIRECTOR, OR THE DIRECTOR’S DESIGNEE, SHALL SERVE AS 26
THE CHAIR OF THE COUNCIL. 27
(5) (I) THE ADMINISTRATION SHALL PROVIDE STAFF FOR TH E 28
COUNCIL. 29
SENATE BILL 923 9
(II) THE ADMINISTRATION IS ENT ITLED TO UP TO 5% OF THE 1
FEES DEPOSITED INTO THE FUND TO REIMBURSE THE ADMINISTRATION FOR THE 2
COSTS OF PROVIDING STAFF TO THE COUNCIL. 3
(6) A MEMBER OF THE COUNCIL: 4
(I) SHALL RECEIVE $100 PER DAY, FOR A MAXIMUM OF 36 DAYS 5
PER YEAR, FOR EACH DAY SPENT I N ATTENDANCE AT MEET INGS OF THE COUNCIL 6
OR ON THE BUSINESS OF THE COUNCIL; AND 7
(II) IS ENTITLED TO REIMBURSEMENT FOR EX PENSES UNDER 8
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 9
BUDGET. 10
(C) THE COUNCIL SHALL: 11
(1) PROVIDE FUNDING FOR THE CREATION AND PUBLICATION OF 12
RESEARCH, COMMUNICATION, MARKETING, AND EDUCATIONAL CAMPAIGNS THAT: 13
(I) ARE ALIGNED WITH THE STATE’S CLEAN ENERGY GOALS; 14
(II) COMBAT MISINFORMATION RELATED TO ENERGY STORAGE 15
SYSTEMS; AND 16
(III) EMPHASIZE THE BENEFI TS AND AFFORDABILITY OF 17
ENERGY STORAGE SYSTEMS; 18
(2) COOPERATE WITH ANY LOCAL, STATE, OR NATIONAL ENTITY THAT 19
IS ENGAGED IN THE PROMOTION OF ENERGY STORAGE SYSTEMS; 20
(3) MAKE RECOMMENDATIONS TO THE ADMINISTRATION REGARDING 21
POSSIBLE CONTRACTS OR AGREEMENTS WITH AN ENTITY IDENTIFIED IN ITEM (2) OF 22
THIS SUBSECTION TO CARRY OUT JOINT RESEARCH, COMMUNICATION, MARKETING, 23
OR EDUCATIONAL CAMPAIGNS; AND 24
(4) SUBJECT TO THE APPROVAL OF THE ADMINISTRATION, CONDUCT 25
ANY ACTIVITIES TO CA RRY OUT ANY CAMPAIGN S UNDER ITEM (1) OF THIS 26
SUBSECTION. 27
(D) THE CHAIR MAY ESTABLISH A CHECKOFF PROGRAM THAT APPLIES TO 28
ENERGY STORAGE SYSTE MS OR OTHER TECHNOLO GIES PROPOSED BY THE 29
COUNCIL. 30
10 SENATE BILL 923
(E) (1) THERE IS A MARYLAND ENERGY STORAGE AND AFFORDABILITY 1
FUND. 2
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO THE 3
COUNCIL TO CARRY OUT THE DUTIES OF THE COUNCIL UNDER SUBSECTIONS (C) 4
AND (D) OF THIS SECTION. 5
(3) THE COUNCIL SHALL ADMINISTER THE FUND. 6
(4) (I) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 7
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8
(II) THE STATE TREASURER SHALL HOLD THE FUND 9
SEPARATELY, AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 10
(5) THE FUND CONSISTS OF: 11
(I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 12
FUND; 13
(II) FEES PAID BY ENERGY STORAGE MANUFACTURERS AND 14
RETAILERS UNDER SUBSECTION (F)(2) OF THIS SECTION; 15
(III) INTEREST EARNINGS; AND 16
(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 17
FOR THE BENEFIT OF THE FUND. 18
(6) THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THE 19
COUNCIL UNDER SUBSECTIONS (C) AND (D) OF THIS SECTION. 20
(7) (I) THE STATE TREASURER SHALL INVEST THE MONEY OF THE 21
FUND IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 22
(II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 23
CREDITED TO THE FUND. 24
(F) (1) ANY MONEY APPROPRIATED TO THE FUND IN THE STATE BUDGET 25
SHALL BE REPAID TO T HE STATE FROM THE PROCEEDS OF THE FEE ESTABL ISHED 26
UNDER PARAGRAPH (2) OF THIS SUBSECTION. 27
(2) (I) THE ADMINISTRATION SHALL IMPOSE A FEE OF $5 PER 28
SENATE BILL 923 11
KILOWATT–HOUR OF STORAGE CAPACITY ON ENERGY STORAGE SYSTEMS SOLD FOR 1
INSTALLATION IN THE STATE. 2
(II) THE FEE UNDER SUBPARA GRAPH (I) OF THIS PARAGRAPH 3
APPLIES TO: 4
1. WHOLESALE AND RETAIL TRANSACTIONS, INCLUDING 5
ONLINE TRANSACTIONS TO BE SHIPPED TO A MARYLAND ADDRESS; AND 6
2. PURCHASES MADE BY IN DIVIDUALS, BUSINESSES, 7
GOVERNMENT AGENCIES, AND ELECTRIC COMPANIES. 8
(III) THE COUNCIL MAY ADJUST TH E FEE IMPOSED UNDER 9
SUBPARAGRAPH (I) OF THIS PARAGRAPH: 10
1. EVERY 2 YEARS; AND 11
2. IN ACCORDANCE WITH INFLATION AND THE NEEDS OF 12
THE COUNCIL. 13
(IV) THE FEE IMPOSED UNDER SUBPAR AGRAPH (I) OF THIS 14
PARAGRAPH IN ANY SALE MAY NOT EXCEED THE LESSER OF: 15
1. 0.5% OF THE WHOLESALE VAL UE OF THE ENERGY 16
STORAGE SYSTEM SOLD; OR 17
2. AN AMOUNT SUFFICIENT TO PAY FOR THE 18
REASONABLE COSTS OF THE COUNCIL. 19
9–2020. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “CHAIR” MEANS THE CHAIR OF THE COUNCIL. 23
(3) “COUNCIL” MEANS THE MARYLAND ZERO–EMISSION VEHICLE 24
ENERGY SECURITY AND AFFORDABILITY FUND ADVISORY COUNCIL. 25
(4) “FUND” MEANS THE MARYLAND ZERO–EMISSION VEHICLE 26
ENERGY SECURITY AND AFFORDABILITY FUND. 27
(B) (1) THERE IS A MARYLAND ZERO–EMISSION VEHICLE ENERGY 28
12 SENATE BILL 923
SECURITY AND AFFORDABILITY FUND ADVISORY COUNCIL. 1
(2) THE COUNCIL CONSISTS OF THE FOLLOWING MEMBERS: 2
(I) AT LEAST FIVE REPRESENTATIVES OF T HE 3
MANUFACTURERS, RETAIL SELLERS, OR INSTALLERS OF ZERO–EMISSION VEHICLES, 4
DESIGNATED BY THE CHAIR; 5
(II) AT LEAST TWO REPRESENTATIVES OF S TAKEHOLDER 6
ORGANIZATIONS THAT ARE DIRECTLY RE LATED TO THE PRODUCT ION, ASSEMBLY, 7
OR DEVELOPMENT OF ZERO–EMISSION VEHICLES, DESIGNATED BY THE CHAIR; AND 8
(III) AS AN EX OFFICIO MEM BER, THE DIRECTOR, OR THE 9
DIRECTOR’S DESIGNEE. 10
(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE 11
TERM OF OFFICE OF EACH MEMBER IS 5 YEARS. 12
(II) 1. THE TERM OF A DESIGNATED MEMBER SHALL BE 13
STAGGERED AS PROVIDED BY THE CHAIR. 14
2. AN INITIAL TERM OF A DESIGNATED MEMB ER MAY 15
NOT EXCEED 5 YEARS. 16
(III) A MEMBER MAY NOT SERVE MORE THAN 2 TERMS. 17
(IV) AT THE END OF A TERM , A DESIGNATED MEMBER 18
CONTINUES TO SERVE UNTIL A SUCCESSOR IS DESIGNATED. 19
(V) A MEMBER WHO IS DESIGNATED AFTER A TERM HAS BEGUN 20
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS DESIGNATED. 21
(4) THE DIRECTOR, OR THE DIRECTOR’S DESIGNEE, SHALL SERVE AS 22
THE CHAIR OF THE COUNCIL. 23
(5) (I) THE ADMINISTRATION SHALL PROVIDE STAFF FOR TH E 24
COUNCIL. 25
(II) THE ADMINISTRATION IS ENT ITLED TO UP TO 5% OF THE 26
FEES DEPOSITED INTO THE FUND TO REIMBURSE THE ADMINISTRATION FOR THE 27
COSTS OF PROVIDING STAFF TO THE COUNCIL. 28
(6) A MEMBER OF THE COUNCIL: 29
SENATE BILL 923 13
(I) SHALL RECEIVE $100 PER DAY, FOR A MAXIMUM OF 36 DAYS 1
PER YEAR, FOR EACH DAY SPENT I N ATTENDANCE AT MEET INGS OF THE COUNCIL 2
OR ON THE BUSINESS OF THE COUNCIL; AND 3
(II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 4
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 5
BUDGET. 6
(C) THE COUNCIL SHALL: 7
(1) PROVIDE FUNDING FOR THE CREATION AND PUBLICATION OF 8
RESEARCH, COMMUNICATION, MARKETING, AND EDUCATIONAL CAMPAIGNS THAT: 9
(I) ARE ALIGNED WITH THE STATE’S CLEAN ENERGY GOALS; 10
(II) COMBAT MISINFORMATIO N RELATED TO ZERO –EMISSION 11
VEHICLES; AND 12
(III) EMPHASIZE THE BENEFI TS AND AFFORDABILITY OF 13
ZERO–EMISSION VEHICLES; 14
(2) COOPERATE WITH ANY L OCAL, STATE, OR NATIONAL 15
ORGANIZATION THAT IS ENGAGED IN THE PR OMOTION OF ZERO–EMISSION 16
VEHICLES; 17
(3) MAKE RECOMMENDATIONS TO THE ADMINISTRATION REGARDING 18
POSSIBLE CONTRACTS OR AGREEMENTS WITH AN ENTITY IDENTIFIED IN ITEM (2) OF 19
THIS SUBSECTION TO CARRY OUT JOINT RESEARCH, COMMUNICATION, MARKETING, 20
OR EDUCATIONAL CAMPAIGNS; AND 21
(4) SUBJECT TO THE APPROVAL OF THE ADMINISTRATION, CONDUCT 22
ANY ACTIVITIES TO CA RRY OUT ANY CAMPAIGN S UNDER ITEM (1) OF THIS 23
SUBSECTION. 24
(D) THE CHAIR MAY ESTABLISH A CHECKOFF PROGRAM THAT APPLIES TO 25
ZERO–EMISSION VEHICLES OR OTHER TECHNOLOGIES PROPOSED BY THE COUNCIL. 26
(E) (1) THERE IS A MARYLAND ZERO–EMISSION VEHICLE ENERGY 27
SECURITY AND AFFORDABILITY FUND. 28
(2) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO THE 29
COUNCIL TO CARRY OUT THE DUTIES OF THE COUNCIL AND T HE CHAIR UNDER 30
14 SENATE BILL 923
SUBSECTIONS (C) AND (D) OF THIS SECTION. 1
(3) THE COUNCIL SHALL ADMINISTER THE FUND. 2
(4) (I) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 3
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 4
(II) THE STATE TREASURER SHALL HOLD THE FUND 5
SEPARATELY, AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 6
(5) THE FUND CONSISTS OF: 7
(I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 8
FUND; 9
(II) FEES PAID BY ZERO–EMISSION VEHICLE MANUFACTURERS 10
AND RETAILERS UNDER SUBSECTION (F)(2) OF THIS SECTION; 11
(III) INTEREST EARNINGS; AND 12
(IV) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 13
FOR THE BENEFIT OF THE FUND. 14
(6) THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THE 15
COUNCIL UNDER SUBSECTIONS (C) AND (D) OF THIS SECTION. 16
(7) (I) THE STATE TREASURER SHALL INVEST THE MONEY OF THE 17
FUND IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 18
(II) ANY INTEREST EA RNINGS OF THE FUND SHALL BE 19
CREDITED TO THE FUND. 20
(F) (1) ANY MONEY APPROPRIATED TO THE FUND IN THE STATE BUDGET 21
SHALL BE REPAID TO T HE STATE FROM THE PROCEEDS OF THE FEE ESTABL ISHED 22
UNDER PARAGRAPH (2) OF THIS SUBSECTION. 23
(2) (I) THE ADMINISTRATION SHALL IMPOSE A FEE OF $200 FOR 24
EACH ZERO–EMISSION VEHICLE SOLD IN THE STATE. 25
(II) THE FEE UNDER SUBPARA GRAPH (I) OF THIS PARAGRAPH 26
APPLIES TO: 27
1. WHOLESALE AND RETAIL TRANSACTIONS, INCLUDING 28
SENATE BILL 923 15
ONLINE TRANSACTIONS TO BE SHIPPED TO A MARYLAND ADDRESS; AND 1
2. PURCHASES MADE BY IN DIVIDUALS, BUSINESSES, 2
GOVERNMENT AGENCIES, AND ELECTRIC COMPANIES. 3
(III) THE COUNCIL MAY ADJUST TH E FEE IMPOSED UNDER 4
SUBPARAGRAPH (I) OF THIS PARAGRAPH: 5
1. EVERY 2 YEARS; AND 6
2. IN ACCORDANCE WITH INFLATION AND THE NEEDS OF 7
THE COUNCIL. 8
(IV) THE FEE IMPOSED UNDER SUBPARAGRAPH (I) OF THIS 9
PARAGRAPH IN ANY SALE MAY NOT EXCEED THE LESSER OF: 10
1. 0.5% OF THE WHOLESALE VAL UE OF THE 11
ZERO–EMISSION VEHICLE SOLD; OR 12
2. AN AMOUNT SUFFICIENT TO PAY FOR THE 13
REASONABLE COSTS OF THE COUNCIL. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16