Maryland 2022 Regular Session

Maryland Senate Bill SB936 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0936
6	6
7	7	SENATE BILL 936
8	8	C5, M5 2lr2903
9	9
10	10	By: Senator Gallion
11	11	Introduced and read first time: February 13, 2022
12	12	Assigned to: Rules
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Public Utilities – Net Energy Metering – Eligibility Requirements 2
19	19
20	20	FOR the purpose of prohibiting the Public Service Commission from setting eligibility 3
21	21	requirements for an electric generating system used by an eligible 4
22	22	customer–generator that are based on the eligible customer–generator’s baseline 5
23	23	annual usage; and generally relating to net energy metering. 6
24	24
25	25	BY repealing and reenacting, without amendments, 7
26	26	Article – Public Utilities 8
27	27	Section 7–306(a) 9
28	28	Annotated Code of Maryland 10
29	29	(2020 Replacement Volume and 2021 Supplement) 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – Public Utilities 13
33	33	Section 7–306(g) 14
34	34	Annotated Code of Maryland 15
35	35	(2020 Replacement Volume and 2021 Supplement) 16
36	36
37	37	BY adding to 17
38	38	Article – Public Utilities 18
39	39	Section 7–306(j) 19
40	40	Annotated Code of Maryland 20
41	41	(2020 Replacement Volume and 2021 Supplement) 21
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
44	44	That the Laws of Maryland read as follows: 23
45	45
46	46	Article – Public Utilities 24
47	47
48	48	7–306. 25 2 SENATE BILL 936
49	49
50	50
51	51
52	52	(a) (1) In this section the following words have the meanings indicated. 1
53	53
54	54	(2) “Biomass” means “qualified biomass” as defined in § 7–701 of this title. 2
55	55
56	56	(3) “Closed conduit hydro” means a hydroelectric generating facility that: 3
57	57
58	58	(i) generates electricity within existing piping or limited adjacent 4
59	59	piping of a potable water supply system; 5
60	60
61	61	(ii) is owned or operated by a municipal corporation or public water 6
62	62	authority; and 7
63	63
64	64	(iii) is designed to produce less energy than is consumed to operate 8
65	65	the water supply system. 9
66	66
67	67	(4) “Eligible customer–generator” means a customer that owns and 10
68	68	operates, leases and operates, or contracts with a third party that owns and operates a 11
69	69	biomass, micro combined heat and power, solar, fuel cell, wind, or closed conduit hydro 12
70	70	electric generating facility that: 13
71	71
72	72	(i) is located on the customer’s premises or contiguous property; 14
73	73
74	74	(ii) is interconnected and operated in parallel with an electric 15
75	75	company’s transmission and distribution facilities; and 16
76	76
77	77	(iii) is intended primarily to offset all or part of the customer’s own 17
78	78	electricity requirements. 18
79	79
80	80	(5) “Fuel cell” means an electric generating facility that: 19
81	81
82	82	(i) includes integrated power plant systems containing a stack, 20
83	83	tubular array, or other functionally similar configuration used to electrochemically convert 21
84	84	fuel to electric energy; and 22
85	85
86	86	(ii) may include: 23
87	87
88	88	1. an inverter and fuel processing system; and 24
89	89
90	90	2. other plant equipment to support the plant’s operation or 25
91	91	its energy conversion, including heat recovery equipment. 26
92	92
93	93	(6) “Micro combined heat and power” means the simultaneous or 27
94	94	sequential production of useful thermal energy and electrical or mechanical power not 28
95	95	exceeding 30 kilowatts. 29
96	96	SENATE BILL 936 3
97	97
98	98
99	99	(7) “Net energy metering” means measurement of the difference between 1
100	100	the electricity that is supplied by an electric company and the electricity that is generated 2
101	101	by an eligible customer–generator and fed back to the electric grid over the eligible 3
102	102	customer–generator’s billing period. 4
103	103
104	104	(8) “Net excess generation” means the amount of the electricity generated 5
105	105	by an eligible customer–generator that is in excess of the electricity consumed by the 6
106	106	eligible customer–generator and that results in a negative kilowatt–hour reading at the 7
107	107	end of the eligible customer–generator’s billing cycle. 8
108	108
109	109	(g) (1) Except as provided in paragraph (6) of this subsection, the generating 9
110	110	capacity of an electric generating system used by an eligible customer–generator for net 10
111	111	metering may not exceed 2 megawatts. 11
112	112
113	113	(2) An electric generating system used by an eligible customer–generator 12
114	114	for net metering shall meet all applicable safety and performance standards established by 13
115	115	the National Electrical Code, the Institute of Electrical and Electronics Engineers, and 14
116	116	Underwriters Laboratories. 15
117	117
118	118	(3) (I) THE COMMISSION MAY NOT SE T ELIGIBILITY 16
119	119	REQUIREMENTS FOR A N ELECTRIC GENERATIN G SYSTEM USED BY A N ELIGIBLE 17
120	120	CUSTOMER–GENERATOR THAT ARE B ASED ON THE ELIGIBLE 18
121	121	CUSTOMER–GENERATOR ’S BASELINE ANNUAL US AGE. 19
122	122
123	123	(II) The Commission may adopt by regulation additional control and 20
124	124	testing requirements for eligible customer–generators that the Commission determines are 21
125	125	necessary to protect public safety and system reliability. 22
126	126
127	127	(4) An electric company may not require an eligible customer–generator 23
128	128	whose electric generating system meets the standards of paragraphs (2) and (3) of this 24
129	129	subsection to: 25
130	130
131	131	(i) install additional controls; 26
132	132
133	133	(ii) perform or pay for additional tests; or 27
134	134
135	135	(iii) purchase additional liability insurance. 28
136	136
137	137	(5) An eligible customer–generator or the eligible customer–generator’s 29
138	138	assignee shall own and have title to all renewable energy attributes or renewable energy 30
139	139	credits associated with any electricity produced by its electric generating system. 31
140	140
141	141	(6) The Commission may not prohibit the construction or operation of 32
142	142	multiple net metered solar energy generating facilities located on separate contiguous lots 33
143	143	that are owned by a local government solely because the capacity of the combined net 34
144	144	metering systems exceeds the limit established under paragraph (1) of this subsection, if: 35 4 SENATE BILL 936
145	145
146	146
147	147
148	148	(i) the net metered solar energy generating facilities are intended to 1
149	149	be used solely for the benefit of the local government; 2
150	150
151	151	(ii) the total capacity of the net metered solar energy generating 3
152	152	facilities on the contiguous lots does not exceed 5 megawatts; 4
153	153
154	154	(iii) the contiguous lots were not subdivided for the purpose of 5
155	155	circumventing the limit established under paragraph (1) of this subsection; and 6
156	156
157	157	(iv) the utility serving the net metered solar energy generating 7
158	158	facilities is not an electric cooperative or municipal electric utility. 8
159	159
160	160	(J) THE COMMISSION MAY ADOPT REGULATIONS TO CARRY OUT THIS 9
161	161	SECTION. 10
162	162
163	163	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
164	164	October 1, 2022. 12