Exerpts from (Senate Bill 313) AN ACT concerning Economic Development – Maryland Energy Innovation Institute
FOR the purpose of establishing a Maryland Energy Innovation Institute for certain purposes; providing that the Institute is a part of the A. James Clark School of Engineering of the University of Maryland; providing that the School shall manage the Institute according to certain policies with advice of the Advisory Board of the Institute; establishing the purposes of the Institute; providing that the exercise of certain powers by the Institute is an essential governmental function; establishing an Advisory Board of the Institute for certain purposes; providing for the membership, powers, and officers of the Institute Board; providing that the Director of the University of Maryland Energy Research Center is the Director of the Institute; providing for the appointment of an Associate Director; establishing the duties of the Institute Director; authorizing the Institute to retain certain staff and consultants; establishing the powers of the Institute; establishing the Maryland Energy Innovation Fund as a special, nonlapsing revolving fund in the University System of Maryland to be used by the Institute and the Maryland Clean Energy Center; specifying the purposes and uses of the Fund; providing that the Institute shall manage and supervise the Fund; requiring the State Treasurer to hold the Fund and the Comptroller to account for the Fund; specifying the contents of the Fund; providing for the investment of money in the Fund; requiring interest earnings of the Fund to be credited to the Fund; providing for the audit of the books and records of the Institute in a certain manner; providing that the Institute and the Center are independent entities that are not responsible for each other’s debts, liabilities, bonds, or obligations; requiring the Institute to report each year to the Governor, the Maryland Energy Administration, and the General Assembly on certain matters; stating the intent of the General Assembly regarding coordination of functions and avoidance of duplication of effort between the Center and the Administration; altering the purposes of the Maryland Clean Energy Center; altering the membership of the Board of Directors of the Center; providing that the Governor shall appoint the chair of the Board; requiring the Board to establish a Financing Investment Advisory Committee for certain purposes; providing for the membership of the Advisory Committee; requiring the Advisory Committee to review certain matters and make certain recommendations; authorizing certain State economic development units to provide representatives, resources, and expertise to the Advisory Committee for certain purposes; authorizing the Center to disseminate, rather than to act as a clearinghouse, for certain information and materials for certain purposes; providing that the Center may consult with the Administration when cooperating with certain entities and coordinating certain activities with certain programs and persons; requiring certain State economic development units to cooperate with the Center and authorizing those units to provide certain resources and expertise for certain purposes; requiring the Center to publish certain audits on its Web site; repealing the Maryland Clean Energy Technology Incubator Program in the Center; exempting the Fund from a certain provision of law requiring interest earnings of State money to accrue to the General Fund of the State; providing that the Institute is exempt from State and local taxes; providing for the transfer of certain funds in each of certain fiscal years to the Fund from the Strategic Energy Investment Fund; requiring the Center to prepare a certain work plan for certain purposes; requiring the Center to report to the Governor, the Administration, and the General Assembly on certain matters on or before a certain date; requiring the Institute to conduct a certain study and report on its findings and recommendations to the Governor, the Administration, and the General Assembly on or before a certain date; defining certain terms; providing that certain obligations or contracts may not be impaired by this Act; providing that certain loan obligations be converted to grants from the Administration to the Center; and generally relating to the Maryland Energy Innovation Institute, the Maryland Clean Energy Center, and economic development.
PART III. MARYLAND ENERGY INNOVATION INSTITUTE.
10–828.
(A) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (B) “ACADEMIC INSTITUTION” MEANS A PUBLIC SENIOR HIGHER EDUCATION INSTITUTION OR AN INDEPENDENT INSTITUTION OF HIGHER EDUCATION IN THE STATE, AS THOSE TERMS ARE DEFINED IN § 10–101 OF THE EDUCATION ARTICLE. (C) “FUND” MEANS THE MARYLAND ENERGY INNOVATION FUND. (D) “INSTITUTE” MEANS THE MARYLAND ENERGY INNOVATION INSTITUTE. (E) “INSTITUTE BOARD” MEANS THE ADVISORY BOARD OF THE MARYLAND ENERGY INNOVATION INSTITUTE. (F) “INSTITUTE DIRECTOR” MEANS THE DIRECTOR OF THE MARYLAND ENERGY INNOVATION INSTITUTE.
10–829.
(A) THERE IS A MARYLAND ENERGY INNOVATION INSTITUTE. (B) THE INSTITUTE IS A PART OF THE A. JAMES CLARK SCHOOL OF ENGINEERING OF THE UNIVERSITY OF MARYLAND. (C) THE A. JAMES CLARK SCHOOL OF ENGINEERING SHALL MANAGE THE INSTITUTE ACCORDING TO THE POLICIES OF THE UNIVERSITY OF MARYLAND AND THE UNIVERSITY SYSTEM OF MARYLAND WITH THE ADVICE OF THE INSTITUTE BOARD. (D) THE PURPOSES OF THE INSTITUTE ARE TO: (1) COLLABORATE WITH ACADEMIC INSTITUTIONS IN THE STATE TO PARTICIPATE IN CLEAN ENERGY PROGRAMS; AND (2) DEVELOP AND ATTRACT PRIVATE INVESTMENT IN CLEAN ENERGY INNOVATION AND COMMERCIALIZATION IN THE STATE. (E) THE EXERCISE BY THE INSTITUTE OF THE POWERS CONFERRED BY THIS PART IS THE PERFORMANCE OF AN ESSENTIAL GOVERNMENTAL FUNCTION.
10–830.
(A) (1) THERE IS AN ADVISORY BOARD OF THE INSTITUTE. (2) THE INSTITUTE BOARD ADVISES THE UNIVERSITY OF MARYLAND ON THE MANAGEMENT OF THE INSTITUTE. (B) THE INSTITUTE BOARD CONSISTS OF THE FOLLOWING NINE MEMBERS: (1) THE CHAIR OF THE BOARD OF DIRECTORS OF THE MARYLAND CLEAN ENERGY CENTER; (2) THE DIRECTOR; AND (3) SEVEN MEMBERS SELECTED BY THE UNIVERSITY OF MARYLAND BASED ON EXPERTISE IN ENERGY TECHNOLOGY COMMERCIALIZATION, THE CLEAN ENERGY INDUSTRY, VENTURE CAPITAL FINANCING, AND ENERGY RESEARCH. (C) A MEMBER OF THE INSTITUTE BOARD: (1) MAY NOT RECEIVE COMPENSATION AS A MEMBER OF THE INSTITUTE BOARD; BUT (2) IS ENTITLED TO REIMBURSEMENT FOR EXPENSES UNDER THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET. (D) FROM AMONG ITS MEMBERS, THE INSTITUTE BOARD SHALL ELECT A CHAIR AND A VICE CHAIR.
10–831.
(A) THE INSTITUTE BOARD SHALL DETERMINE THE TIMES AND PLACES OF ITS MEETINGS. (B) (1) SEVEN MEMBERS OF THE INSTITUTE BOARD ARE A QUORUM. (2) THE INSTITUTE BOARD MAY ACT WITH AN AFFIRMATIVE VOTE OF FIVE MEMBERS.
10–832.
(A) (1) THE DIRECTOR OF THE UNIVERSITY OF MARYLAND ENERGY RESEARCH CENTER, A UNIVERSITY OF MARYLAND FACULTY MEMBER, SHALL BE THE DIRECTOR OF THE INSTITUTE. (2) THE INSTITUTE DIRECTOR SHALL APPOINT AN ASSOCIATE DIRECTOR WHO SHALL BE A UNIVERSITY OF MARYLAND FACULTY MEMBER. (B) THE INSTITUTE DIRECTOR, OR THE INSTITUTE DIRECTOR’S DESIGNEE, SHALL: (1) ATTEND ALL MEETINGS OF THE INSTITUTE BOARD; (2) ACT AS SECRETARY TO THE INSTITUTE BOARD; (3) KEEP MINUTES OF ALL PROCEEDINGS OF THE INSTITUTE BOARD; (4) APPROVE ALL SALARIES, PER DIEM PAYMENTS, AND ALLOWABLE EXPENSES OF THE INSTITUTE, ITS EMPLOYEES, AND ITS CONSULTANTS; (5) APPROVE ANY EXPENSES INCIDENTAL TO THE OPERATION OF THE INSTITUTE; AND (6) PERFORM THE OTHER DUTIES THE INSTITUTE BOARD DIRECTS IN CARRYING OUT THIS PART.
10–833.
THE INSTITUTE MAY RETAIN ANY STAFF OR CONSULTANTS.
10–834.
THE INSTITUTE MAY: (1) MAINTAIN OFFICES AT THE UNIVERSITY OF MARYLAND, COLLEGE PARK; (2) COORDINATE AND PROMOTE ENERGY RESEARCH AND EDUCATION AT THE UNIVERSITY OF MARYLAND, COLLEGE PARK, INCLUDING ITS RELEVANT ENERGY CENTERS, AS WELL AS AT OTHER ACADEMIC INSTITUTIONS; (3) PROVIDE ENERGY POLICY INNOVATION ADVICE TO STATE AND FEDERAL UNITS; (4) COLLABORATE WITH OTHER ACADEMIC INSTITUTIONS, GOVERNMENTAL UNITS, FOUNDATIONS, AND INDUSTRIAL COMPANIES FOR CLEAN ENERGY RESEARCH AND INNOVATION; (5) PURSUE GRANTS, OTHER FUNDS, AND IN–KIND CONTRIBUTIONS FOR CLEAN ENERGY RESEARCH AND INNOVATION; (6) PROVIDE SEED GRANT FUNDING TO ACADEMIC INSTITUTION–BASED ENTREPRENEURS OR ENTITIES, IN ORDER TO PROMOTE THE COMMERCIALIZATION OF CLEAN ENERGY TECHNOLOGIES DEVELOPED WHOLLY OR PARTLY BY AN ACADEMIC INSTITUTION, BUT NOT DUPLICATE EXISTING SEED GRANTS MADE THROUGH THE MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION; (7) WORK WITH THE MARYLAND TECHNOLOGY ENTERPRISE INSTITUTE TO JOINTLY MANAGE, OPERATE, AND MAINTAIN FACILITIES FOR A CLEAN ENERGY INCUBATOR AT THE UNIVERSITY OF MARYLAND, COLLEGE PARK; (8) WORK WITH THE MARYLAND TECHNOLOGY ENTERPRISE INSTITUTE TO EXPAND MARYLAND INDUSTRIAL PARTNERSHIP AWARDS TO PROMOTE THE COMMERCIALIZATION OF CLEAN ENERGY TECHNOLOGIES DEVELOPED WHOLLY OR PARTLY BY AN ACADEMIC INSTITUTION; (9) WORK WITH THE MARYLAND TECHNOLOGY ENTERPRISE INSTITUTE AND THE UNIVERSITY OF MARYLAND OFFICE OF TECHNOLOGY COMMERCIALIZATION TO: (I) IDENTIFY ENERGY TECHNOLOGIES AT ACADEMIC INSTITUTIONS THAT MAY BE VIABLE FOR COMMERCIALIZATION; AND (II) PROVIDE GRANT FUNDING AND INVESTMENT FINANCING TO COVER PATENT, FACILITIES, AND OTHER COSTS NOT ALLOWED UNDER FEDERAL OR STATE RESEARCH GRANTS TO AN ACADEMIC INSTITUTION–BASED ENTREPRENEUR OR ENTITY, IN ORDER TO PROMOTE THE COMMERCIALIZATION OF CLEAN ENERGY TECHNOLOGIES DEVELOPED WHOLLY OR PARTLY BY AN ACADEMIC INSTITUTION; (10) COORDINATE INCUBATION AND POTENTIAL FINANCING OF ACADEMIC INSTITUTION–BASED ENTREPRENEURS OR ENTITIES WITH RESOURCES PROVIDED BY THE CENTER; (11) WORK CLOSELY WITH STATE UNITS, INDUSTRIAL PARTNERS, NONGOVERNMENTAL ORGANIZATIONS, AND FEDERAL AGENCIES AND LABORATORIES TO ENSURE EFFECTIVE IMPLEMENTATION AND EXECUTION OF THE STATE’S ENERGY MISSION AND VISION, IN COLLABORATION WITH THE ADMINISTRATION; (12) UNDERGO PERIODIC REVIEWS EVERY 5 YEARS CONSISTENT WITH UNIVERSITY SYSTEM OF MARYLAND POLICIES; AND (13) DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT THE POWERS GRANTED BY THIS PART.
10–835.
(A) (1) THERE IS A MARYLAND ENERGY INNOVATION FUND IN THE UNIVERSITY SYSTEM OF MARYLAND. (2) THE FUND SHALL BE USED BY THE INSTITUTE AND THE CENTER. (B) (1) THE INSTITUTE: (I) MAY USE THE FUND TO: 1. CARRY OUT THE PURPOSES OF THIS SUBTITLE, INCLUDING THE PURPOSES LISTED IN § 10–834 OF THIS SUBTITLE; 2. PURCHASE ADVISORY SERVICES AND TECHNICAL ASSISTANCE TO BETTER SUPPORT ECONOMIC DEVELOPMENT; AND 3. PAY THE ADMINISTRATIVE, LEGAL, AND ACTUARIAL EXPENSES OF THE INSTITUTE; AND (II) SHALL USE THE FUND FOR THE ADMINISTRATIVE AND OPERATING COSTS OF THE CENTER. (2) THE CENTER MAY USE THE FUND TO: (I) MAKE A GRANT OR A LOAN UNDER THIS SUBTITLE, AT THE RATE OF INTEREST THE CENTER SETS; (II) PROVIDE EQUITY INVESTMENT FINANCING FOR A BUSINESS ENTERPRISE UNDER THIS SUBTITLE; AND (III) GUARANTEE A LOAN, AN EQUITY, AN INVESTMENT, OR ANY OTHER PRIVATE FINANCING TO EXPAND THE CAPITAL RESOURCES OF A BUSINESS ENTERPRISE UNDER THIS SUBTITLE. (C) THE INSTITUTE SHALL MANAGE AND SUPERVISE THE FUND. (D) (1) THE FUND IS A SPECIAL, NONLAPSING REVOLVING FUND THAT IS NOT SUBJECT TO REVERSION UNDER § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY, AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. (E) THE FUND CONSISTS OF: (1) MONEY APPROPRIATED BY THE STATE TO THE FUND;
SECTION 5. AND BE IT FURTHER ENACTED, That:
(1) the Maryland Energy Innovation Institute, established by Section 2 of this Act, shall study and evaluate: (i) the availability and efficiency of the use of funds for the development and deployment of clean energy technology in the State and the commercialization of that technology, including funds from the Strategic Energy Investment Fund, and other practical forms of financing; (ii) the forecast need, if any, for additional funding or financing options for these purposes; and (iii) appropriate sources and levels of funding and financing options for these purposes; and (2) on or before December 1, 2019, the Institute shall submit a report of its findings and recommendations under this section to the Governor, the Maryland Energy Administration, and, in accordance with § 2–1246 of the State Government Article, the General Assembly.
SECTION 6. AND BE IT FURTHER ENACTED, That the existing outstanding loan obligations to the Maryland Energy Administration by the Maryland Clean Energy Center as of the effective date of this Act shall be converted to a grant from the Maryland Energy Administration to the Maryland Clean Energy Center.
SECTION 7. AND BE IT FURTHER ENACTED, That a presently existing obligation or contract right may not be impaired in any way by this Act.
SECTION 8. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2017.
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