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§ 2-1205. State plans, regulations and programs to reduce greenhouse gas emissions

West's Annotated Code of MarylandEnvironmentEffective: June 1, 2022

West's Annotated Code of Maryland
Environment
Title 2. Ambient Air Quality Control (Refs & Annos)
Subtitle 12. Greenhouse Gas Emissions Reductions (Refs & Annos)
Effective: June 1, 2022
MD Code, Environment, § 2-1205
§ 2-1205. State plans, regulations and programs to reduce greenhouse gas emissions
In general
(a) The State shall develop plans, adopt regulations, and implement programs that reduce statewide greenhouse gas emissions in accordance with this subtitle.
Submission of proposed plan
(b) On or before June 30, 2023, the Department shall:
(1) Submit a proposed plan that reduces statewide greenhouse gas emissions by 60% from 2006 levels by 2031 to the Governor and General Assembly;
(2) Make the proposed plan available to the public; and
(3) Convene a series of public workshops to provide interested parties with an opportunity to comment on the proposed plan.
Adoption of final plans
(c)(1) The Department shall, on or before December 31, 2012, adopt a final plan that reduces statewide greenhouse gas emissions by 25% from 2006 levels by 2020.
(2) The Department shall, on or before December 31, 2023, adopt a final plan that:
(i) Reduces statewide greenhouse gas emissions by 60% from 2006 levels by 2031; and
(ii) Sets the State on a path toward achieving net-zero statewide greenhouse gas emissions by 2045.
(3) The Department shall:
(i) On or before December 31, 2030, adopt a final plan that achieves net-zero statewide greenhouse gas emissions by 2045; and
(ii) On or before December 31, 2035, review and, as necessary, revise the final plan to achieve net-zero statewide gas emissions by 2045.
Contents of final plans
(d) The final plans required under subsection (c) of this section shall include:
(1) Adopted regulations that implement all plan measures for which State agencies have existing statutory authority; and
(2) A summary of any new legislative authority needed to fully implement the plans and a timeline for seeking legislative authority.
Contents of final plan
(e) A final plan developed under this section:
(1) May not include highway widening or additional road construction as a greenhouse gas emission reduction measure;
(2) May include the use of carbon capture, electric distribution and transmission infrastructure improvements, and storage technology as a greenhouse gas emission reduction measure only if the technology has been scientifically proven to achieve verifiable carbon reductions;
(3) Shall use the global warming potential for methane over a 20-year time horizon, as accepted in the most recent assessment of the Intergovernmental Panel on Climate Change, in estimating the State's greenhouse gas emissions reductions;
(4) Shall include policy recommendations to ensure the continued operation of Maryland's existing zero carbon emission electric generators through current operating licenses;
(5) Shall include specific estimates of the greenhouse gas emissions reductions that could be achieved through the expansion of mass transit options; and
(6) Shall include specific estimates of the reductions expected from each greenhouse gas emissions reduction measure included in the plan.
Department to consult with State and local agencies
(f) In developing and adopting a final plan to reduce statewide greenhouse gas emissions, the Department shall consult with State and local agencies as appropriate.
Effect of regulation on manufacturing sector
(g)(1) Unless required by federal law or regulations or existing State law, regulations adopted by State agencies to implement a final plan may not:
(i) Require greenhouse gas emissions reductions from the State's manufacturing sector; or
(ii) Cause a significant increase in costs to the State's manufacturing sector.
(2) Paragraph (1) of this subsection may not be construed to exempt greenhouse gas emissions sources in the State's manufacturing sector from the obligation to comply with:
(i) Greenhouse gas emissions monitoring, recordkeeping, and reporting requirements for which the Department had existing authority under § 2-301(a) of this title on or before October 1, 2009; or
(ii) Greenhouse gas emissions reductions required of the manufacturing sector as a result of the State's implementation of the Regional Greenhouse Gas Initiative.
Costs to manufacturing sector
(h) A regulation adopted by a State agency for the purpose of reducing greenhouse gas emissions in accordance with this section may not be construed to result in a significant increase in costs to the State's manufacturing sector unless the source would not incur the cost increase but for the new regulation.

Credits

Added by Acts 2009, c. 171, § 3, eff. Oct. 1, 2009; Acts 2009, c. 172, § 3, eff. Oct. 1, 2009. Amended by Acts 2016, c. 11, § 3, eff. Oct. 1, 2016; Acts 2022, c. 38, § 4, eff. June 1, 2022.
MD Code, Environment, § 2-1205, MD ENVIR § 2-1205
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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