A. Any unit of State government that proposes to adopt a regulation that provides a standard that is more restrictive or stringent than an applicable standard established under a federal law or regulation which governs the same program or conduct shall:
(1) Identify the manner in which the proposed regulation is more restrictive than the applicable federal standard;
(2) Identify the benefit to the public health, safety or welfare, or the environment, expected from adopting a standard that is more restrictive than the federal standard;
(3) In consultation with the Department of Business and Economic Development, identify whether having a more restrictive standard places an additional burden or cost on the regulated person or business; and
(4) Justify the need for a more restrictive standard by determining that either:
(a) The benefit from the more restrictive standard exceeds the burden or cost of the more restrictive standard on the regulated person or business;
(b) Conditions or circumstances specific or special to Maryland require that Maryland enact a more restrictive standard;
(c) The applicable federal standard is not sufficient to protect the public health, safety, or welfare of Maryland citizens; or
(d) State law requires the adoption of a more restrictive standard.
B. A unit proposing a regulation under Subsection A of this Executive Order shall include in the notice of the proposed regulation published in the Maryland Register a summary of the information required in Subsection A.