01.01.2024.19

EXECUTIVE ORDER 01.01.2024.19

Leadership by State Government: Implementing Maryland’s Climate Pollution Reduction Plan

A. Definitions.

1. “Climate Implementation Plan” means a document outlining the steps a State agency will take to implement the Climate Solutions Now Act of 2022 and Maryland’s Climate Pollution Reduction Plan, and the time, personnel and funding it will take to implement both.

2. “Consolidated Transportation Program” means Maryland’s six-year capital budget for transportation projects and programs across the Maryland Department of Transportation.

3. “Justice40 Initiative” means the federal government’s effort to deliver at least 40% of the overall benefits from certain federal investments to disadvantaged communities.

4. “National Electric Vehicle Infrastructure (“NEVI”) Formula Program” means the U.S. Department of Transportation’s Federal Highway Administration’s NEVI Formula Program that provides funding to states to strategically deploy electric vehicle charging stations and establish an interconnected network to facilitate data collection, access, and reliability.

5. “Regional Greenhouse Gas Initiative” means the cooperative, market-based effort among the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont to cap and reduce CO2 emissions from the power sector.

6. “State Agency” means a department, agency, commission, board, council, or other body of State government subject to the direction and supervision of the Governor.

7. “Zero-Emission Vehicle Infrastructure Plan” means the plan to address zero-emission vehicles (“ZEV”) infrastructure holistically by building upon NEVI and incorporating other initiatives, such as discretionary grants, other state programs, and private investments to maximize ZEV infrastructure deployment across Maryland.

B. Whole-of-Government Approach to Climate Change.

1. Every State agency shall:

a. Work to address climate change and ensure a just transition to a clean economy;

b. Advance environmental justice by working to address the disproportionate impacts of climate change for underserved and overburdened communities, including the application of Justice40 goals, initiatives, and funding;

c. Equitably implement all existing laws, regulations, and policies related to climate change, incorporating robust community and stakeholder engagement; and

d. Continue to maximize federal funding opportunities on climate.

2. By November 1, 2024, every State agency shall consult the Secretary of the Maryland Department of the Environment and submit a Climate Implementation Plan (“CIP”) to the Governor. Each State agency’s CIP, shall include, at a minimum:

a. The steps, time and resources needed to implement all required actions in Maryland’s Climate Pollution Reduction Plan that are within the agency’s purview, including their top priorities for the upcoming year;

b. The current funding, including State, federal, or additional funding, that can be directed or redirected, toward accomplishing the actions in the agency’s CIP, the outcomes that can be achieved with current funding, and the anticipated gap, if any, between the current funding and the total resources required to implement the agency’s CIP;

c. The potential outcomes of the investment over time, including health benefits, job creation, and energy costs; and

d. How the State agency will advance environmental justice by working to address the disproportionate impacts of climate change for underserved and overburdened communities.

C. Immediate Action to Implement the Climate Pollution Reduction Plan.

1. Every State agency shall take immediate action to implement the near-term measures in the Climate Pollution Reduction Plan.

2. The Maryland Department of the Environment shall:

a. Propose a zero-emission heating equipment standard regulation that will phase-in zero-emissions standards for heating equipment to reduce carbon pollution and improve air quality inside homes and the ambient air;

b. Propose a clean heat standard regulation to expand Maryland’s Renewable Portfolio Standard to the thermal energy system, mobilizing investment in clean heat solutions for homes and businesses; and

c. Propose a plan to modify the Regional Greenhouse Gas Initiative (“RGGI”) by working with RGGI states to establish a new regional cap for carbon dioxide emissions for power plants that is aligned with Maryland’s and partner states’ 100% clean energy goals.

3. The Maryland Department of Transportation shall:

a. Revise and upgrade the Zero-Emission Vehicle Infrastructure Plan to include implementation of the National Electric Vehicle Infrastructure Formula Program, pursuant to the Bipartisan Infrastructure Law, and a new multi-agency strategy to build out Maryland’s vehicle charging infrastructure;

b. Develop and implement a process for evaluating and reducing greenhouse gas emissions attributable to transportation projects as part of the Maryland Consolidated Transportation Program;

c. Implement the Consolidated Transportation Program, including investing in new infrastructure programs, where feasible, and projects to reduce vehicle miles traveled and enhance transportation choices in Maryland;

d. Establish specific annual greenhouse gas and vehicle miles traveled reduction targets for the transportation sector; and

e. Implement the Maryland Department of Transportation’s Carbon Reduction Strategy.

4. The Maryland Energy Administration shall:

a. Establish a framework for a clean energy standard to achieve 100% clean electricity in Maryland by 2035, and determine if all or part of the proposed clean energy standard can be implemented through existing authority.

5. At the request of the Governor’s Subcabinet on Climate, State agencies shall provide updates on agency efforts to implement the Climate Pollution Reduction Plan and develop State agency CIPs.

D. Governor’s Subcabinet on Climate.

1. Establishment . There is a Governor's Subcabinet on Climate, a committee of the Governor's Executive Council convening on a regular basis to address climate change and coordinate State agency efforts to reduce greenhouse gas emissions, in accordance with Maryland’s Climate Pollution Reduction Plan.

2. Membership . The Subcabinet on Climate shall consist of the following members:

a. The Secretary of the Maryland Department of the Environment, who shall serve as Chair of the Subcabinet;

b. The Governor’s Chief Sustainability Officer, who shall serve as vice-chair of the Subcabinet;

c. The Secretary of the Maryland Department of Natural Resources;

d. The Secretary of the Maryland Department of Transportation;

e. The Secretary of the Maryland Department of Agriculture;

f. The Secretary of the Maryland Department of Housing and Community Development;

g. The Secretary of the Maryland Department of Health;

h. The Secretary of the Maryland Department of Emergency Management;

i. The Secretary of the Maryland Department of Planning;

j. The Secretary of the Maryland Department of General Services;

k. The Secretary of the Maryland Department of Budget and Management;

l. The Director of the Maryland Energy Administration;

m. The Governor’s Chief Resilience Officer; and

n. Such other officials of executive departments and agencies as the Governor may from time to time designate.

3. Reporting. The Subcabinet, led by the Maryland Department of the Environment, shall submit a report to the Governor on or before December 1, 2024, and annually by December 1st each year thereafter, detailing the progress of implementing Maryland’s Climate Pollution Reduction Plan and the State agency CIPs. The Subcabinet’s annual reports shall be made available to the public.

4. Federal Funding. The Subcabinet, led by the Governor’s Chief Sustainability Officer, shall pursue federal funding opportunities for state climate programs and ensure application of Justice40 through federal funds. An update on federal funding shall be included in the Subcabinet’s annual reports.

E. General Provisions.

1. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.

2. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Effective Date: June 4, 2024.