EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1035*
HOUSE BILL 1035
M5, C5 3lr1308
CF 3lr3088
By: Delegate Wilson
Introduced and read first time: February 10, 2023
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Electric Companies, Gas Companies, and the Department of Housing and 2
Community Development – Energy Efficiency and Conservation Plans 3
FOR the purpose of requiring each electric company and gas company and the Department 4
of Housing and Community Development to procure or provide for its customers or 5
certain individuals, beginning on a certain date and with a certain frequency, certain 6
energy efficiency, conservation, and greenhouse gas emissions reduction programs 7
and services to encourage and promote the efficient use and conservation of energy 8
in support of certain greenhouse gas emissions reduction goals and targets; requiring 9
the Public Service Commission to encourage and promote the efficient use and 10
conservation of energy in support of certain greenhouse gas emissions reduction 11
goals and targets in a certain manner; requiring certain electric companies and gas 12
companies and the Department of Housing and Community Development to develop 13
and submit to the Commission, on or before a certain date and with a certain 14
frequency, a plan for achieving certain energy efficiency, conservation, and 15
greenhouse gas emissions reduction targets; requiring the Department of the 16
Environment to prepare and submit to the Commission a certain analysis; and 17
generally relating to the efficient use and conservation of energy in support of 18
greenhouse gas emissions reduction goals and targets. 19
BY repealing 20
Article – Public Utilities 21
Section 7–211 22
Annotated Code of Maryland 23
(2020 Replacement Volume and 2022 Supplement) 24
BY adding to 25
Article – Public Utilities 26
The new part designation “Part I. In General” to immediately precede Section 7–201; 27
and Section 7–220 through 7–226 to be under the new part “Part II. Energy 28
Efficiency and Conservation Plans” 29 2 HOUSE BILL 1035
Annotated Code of Maryland 1
(2020 Replacement Volume and 2022 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Public Utilities 4
Section 7–510.3(j)(2) 5
Annotated Code of Maryland 6
(2020 Replacement Volume and 2022 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – State Government 9
Section 9–20B–05(f)(4) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2022 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That Section(s) 7–211 of Article – Public Utilities of the Annotated Code of Maryland be 14
repealed. 15
SECTION 2. AND BE IT FURTHER ENACTED, That the new part designation 16
“Part I. In General” be added to immediately precede Section 7–201 of Article – Public 17
Utilities of the Annotated Code of Maryland. 18
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
as follows: 20
Article – Public Utilities 21
7–218. RESERVED. 22
7–219. RESERVED. 23
PART II. ENERGY EFFICIENCY AND CONSERVATION PLANS. 24
7–220. 25
(A) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
(B) “BEHIND–THE–METER PROGRAM ” MEANS A PROGRAM THAT IMPACTS 28
THE CUSTOMER SIDE OF THE UTILITY METER , INCLUDING ENERGY EFF ICIENCY 29
PROGRAMS, BENEFICIAL ELECTRIFI CATION PROGRAMS , AND DEMAND RESPONSE 30
PROGRAMS. 31
HOUSE BILL 1035 3
(C) “BENEFICIAL ELECTRIFIC ATION” MEANS THE REPLACEMEN T OF 1
DIRECT FOSSIL FUEL W ITH ELECTRICITY IN A MANNER THAT REDUCES OVERALL 2
LIFETIME EMISSIONS , ENERGY USE, OR ENERGY COSTS . 3
(D) “CARBON DIOXIDE EQUIVA LENT” MEANS THE MEASUREMEN T OF A 4
GIVEN WEIGHT OF GREE NHOUSE GAS THAT HAS T HE SAME GLOBAL WARMI NG 5
POTENTIAL, MEASURED OVER A SPEC IFIC PERIOD OF TIME , AS 1 METRIC TON OF 6
CARBON DIOXIDE . 7
(E) “DEMAND RESPONSE PROGR AM” MEANS A PROGRAM ESTA BLISHED BY 8
AN ELECTRIC COMPANY THAT PROMOTES CHANGE S IN ELECTRIC USAGE BY 9
CUSTOMERS FROM THEIR NORMAL CONSUMPTION P ATTERNS IN RESPONSE TO: 10
(1) CHANGES IN THE PRICE OF ELECTRICITY OVER TIME; OR 11
(2) INCENTIVES DESIGNED TO INDUCE LOWER ELEC TRICITY USE AT 12
TIMES OF HIGH WHOLES ALE MARKET PRICES OR WHEN SYSTEM RELIABIL ITY IS 13
JEOPARDIZED . 14
(F) “ENERGY EFFICIENCY” MEANS THE USE OF LES S ENERGY TO PERFORM 15
THE SAME TASK OR PRO DUCE THE SAME RESULT . 16
(G) “FRONT–OF–METER COMMUNITY PROGRAM” MEANS A PROGRAM THAT: 17
(1) IS SEPARATE FROM FRONT–OF–METER UTILITY PROGRAMS; 18
(2) IMPACTS THE UTILITY SIDE OF THE METER ; AND 19
(3) DIRECTLY BENEFIT S A SET OF CUSTOMERS . 20
(H) “FRONT–OF–METER UTILITY PROGRAM” MEANS A PROGRAM THAT 21
IMPACTS THE UTILITY SIDE OF A METER AND BENEFITS ALL UTI LITY CUSTOMERS , 22
INCLUDING ENERGY EFF ICIENCY PROGRAMS, BENEFICIAL ELECTRIFI CATION 23
PROGRAMS, AND DEMAND RESPONSE PROGRAMS. 24
(I) “GREENHOUSE GAS ” INCLUDES: 25
(1) CARBON DIOXIDE ; 26
(2) METHANE; 27
(3) NITROUS OXIDE ; 28
4 HOUSE BILL 1035
(4) HYDROFLUOROCARBONS ; 1
(5) PERFLUOROCARBONS ; AND 2
(6) SULFUR HEXAFLUORIDE . 3
(J) “GREENHOUSE GAS EMISSIONS REDUCTION” MEANS A REDUCTION IN 4
GREENHOUSE GAS EMISS IONS, MEASURED IN METRIC T ONS OF CARBON DIOXID E 5
EQUIVALENTS , INCLUDING: 6
(1) GREENHOUSE GAS EMISS IONS FROM THE GENERA TION OF 7
ELECTRICITY DELIVERE D TO AND CONSUMED IN THE STATE; AND 8
(2) LINE LOSSES FROM THE TRANSMISSION AND DIS TRIBUTION OF 9
ELECTRICITY, REGARDLESS OF WHETHE R THE ELECTRICITY IS GENERATED 10
IN–STATE OR IMPORTED . 11
(K) “NON–ENERGY PROGRAM ” MEANS A PROGRAM WITH UTILITY BENEFITS 12
THAT ARE PRIMARILY N ON–ENERGY–BASED. 13
(L) “PLAN” MEANS ANY COMBINATIO N OF BEHIND–THE–METER PROGRAMS, 14
FRONT–OF–METER COMMUNITY PROGRAMS, FRONT–OF–METER UTILITY 15
PROGRAMS, OR NON–ENERGY PROGRAMS THAT: 16
(I) ACHIEVE ENERGY EFFIC IENCY, CONSERVATION , AND 17
GREENHOUSE GAS EMISSIONS REDUCTION TARGETS ; AND 18
(II) INCLUDE A COST RECOV ERY PROPOSAL . 19
7–221. 20
THE GENERAL ASSEMBLY FINDS AND DE CLARES THAT ENERGY EFFICIENCY 21
IS: 22
(1) AMONG THE LEAST EXPE NSIVE WAYS TO MEET T HE ENERGY 23
DEMANDS OF THE STATE; 24
(2) A MEANS OF AFFORDABLE , RELIABLE, AND CLEAN ENERGY FOR 25
CONSUMERS OF MARYLAND; AND 26
(3) ONE METHOD TO ACHIEV E MARYLAND’S CLIMATE COMMITMENT S 27
FOR REDUCING STATEWI DE GREENHOUSE GAS EMISSIONS , INCLUDING THOSE 28
SPECIFIED IN TITLE 2, SUBTITLE 12 OF THE ENVIRONMENT ARTICLE. 29 HOUSE BILL 1035 5
7–222. 1
(A) SUBJECT TO REVIEW AND APPROVAL BY THE COMMISSION, EACH 2
ELECTRIC COMPANY AND GAS COMPANY SHALL DEVELO P AND IMPLEMENT 3
PROGRAMS AND SERVICE S IN ACCORDANCE WITH §§ 7–223 AND 7–224 OF THIS 4
SUBTITLE TO ENCOURAGE AND PRO MOTE THE EFFICIENT U SE AND CONSERVATION 5
OF ENERGY BY CONSUME RS, ELECTRIC COMPANIES, AND GAS COMPANIES IN 6
SUPPORT OF THE GREEN HOUSE GAS EMISSIONS REDUCTION GOALS AND TARGETS 7
SPECIFIED IN §§ 2–1201 AND 2–1204.1 OF THE ENVIRONMENT ARTICLE. 8
(B) AS DIRECTED BY THE COMMISSION, EACH MUNICIPAL ELECT RIC OR GAS 9
UTILITY AND EACH ELE CTRIC COOPERATIVE TH AT SERVES A POPULATI ON OF LESS 10
THAN 250,000 IN ITS DISTRIBUTION TERRITORY SHALL INCL UDE ENERGY 11
EFFICIENCY AND CONSE RVATION PROGRAMS OR SERVICES AS PART OF THEIR 12
SERVICE TO THEIR CUS TOMERS. 13
(C) THE COMMISSION SHALL ENCOURAGE AND PROMOT E THE EFFICIENT 14
USE AND CONSERVATION OF ENERGY IN SUPPORT OF THE GREENHOUSE GA S 15
EMISSIONS REDUCTION GOALS AND TARGETS SPECIFIED IN §§ 2–1201 AND 2–1204.1 16
OF THE ENVIRONMENT ARTICLE AND SET BY THE COMMISSION UNDER § 7–223(A) 17
OF THIS SUBTITLE BY: 18
(1) REQUIRING EACH ELECTRIC COMPANY AND GAS COMPANY TO 19
ESTABLISH ANY PROGRA M OR SERVICE THAT TH E COMMISSION DETERMINE S TO BE 20
APPROPRIATE AND COST –EFFECTIVE; 21
(2) ADOPTING RATE–MAKING POLICIES THAT PROVIDE COST 22
RECOVERY AND REASONA BLE FINANCIAL INCENT IVES FOR ELECTRIC COMPANIES 23
AND GAS COMPANIES THROUGH A SURCHARGE OR BASE RATE RECOVER Y, 24
INCLUDING THE ELECTRIC COMPANY O R GAS COMPANY’S AUTHORIZED RATE OF 25
RETURN, FOR THE ELECTRIC COMPANY OR GAS COMPANY’S INVESTMENTS IN 26
PROGRAMS AND RESOURC ES; AND 27
(3) ENSURING THAT ADOPTION OF ELE CTRIC CUSTOMER CHOIC E 28
UNDER SUBTITLE 5 OF THIS TITLE AND GAS CUSTOMER CHO ICE UNDER SUBTITLE 6 29
OF THIS TITLE DO NOT ADVERSELY IMP ACT THESE GOALS AND TARG ETS. 30
7–223. 31
(A) (1) EXCEPT AS PROVIDED IN § 7–222(B) OF THIS SUBTITLE, 32
BEGINNING SEPTEMBER 1, 2023, AND EVERY 3 YEARS THEREAFTER , THE 33 6 HOUSE BILL 1035
COMMISSION SHALL REQUIRE EACH E LECTRIC COMPANY AND EACH GAS COMPANY 1
TO: 2
(I) DEVELOP A PLAN FOR P ROCURING OR PROVIDIN G FOR ITS 3
CUSTOMERS COST –EFFECTIVE ENERGY EFF ICIENCY, CONSERVATION , AND 4
GREENHOUSE GAS EMISSIONS REDUCTION PROGRAMS A ND SERVICES IN 5
ACCORDANCE WITH § 7–224 OF THIS SUBTITLE ; AND 6
(II) PROCURE OR PROVIDE FOR ITS CUST OMERS 7
COST–EFFECTIVE ENERGY EFF ICIENCY, CONSERVATION , AND GREENHOUSE GAS 8
EMISSIONS REDUCTION PROGRAMS A ND SERVICES. 9
(2) THE COMMISSION SHALL ENSU RE THAT THE PROGRAMS AND 10
SERVICES PROCURED OR PROVIDED BY AN ELECTRIC COMPA NY OR GAS COMPANY : 11
(I) HAVE PROJECTED AND V ERIFIABLE ENERGY EFFICIEN CY, 12
CONSERVATION , AND GREENHOUSE GAS EMISSIONS REDUCTIONS FOR EACH 13
AFFECTED CUSTOMER CL ASS; 14
(II) ACHIEVE GROSS GREENH OUSE GAS EMISSIONS REDUCTION 15
TARGETS AS SET BY TH E COMMISSION; AND 16
(III) ARE COMPOSED OF SUFF ICIENT PERCENTAGES , AS 17
DETERMINED BY THE COMMISSION, OF BEHIND –THE–METER PROGRAMS , 18
NON–ENERGY PROGRAMS , FRONT–OF–METER COMMUNITY PROG RAMS, AND 19
FRONT–OF–METER UTILITY PROGRA MS. 20
(3) CONTRIBUTIONS TO GREE NHOUSE GAS EMISSIONS REDUCTION 21
GOALS AND TARGETS IN A PLAN OF AN ELECTRIC COMPANY OR A GAS COMPANY MAY 22
INCLUDE PROGRAMS AND RESOURCES THAT ARE R ECOVERED IN A BASE R ATE 23
PROCEEDING , SUBJECT TO COMMISSION APPROVAL . 24
(B) (1) BEGINNING SEPTEMBER 1, 2023, AND EVERY 3 YEARS 25
THEREAFTER , THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 26
SHALL PROCURE OR PRO VIDE TO LOW– AND MODERATE –INCOME INDIVIDUALS 27
ENERGY EFFICIENCY , CONSERVATION , AND GREENHOUSE GAS EMISSIONS 28
REDUCTION PROGRAMS AND SERVICES. 29
(2) THE DEPARTMENT OF HOUSING AND COMMUNITY 30
DEVELOPMENT MAY PROCU RE OR PROVIDE SAVING S THAT ARE ACHIEVED 31
THROUGH FUNDING SOUR CES THAT MEET THE ST ANDARDS OF PROGRAM F UNDING 32
THROUGH UTILITY RATE S OR THE U.S. DEPARTMENT OF ENERGY. 33
HOUSE BILL 1035 7
(3) THE DEPARTMENT OF HOUSING AND COMMUNITY 1
DEVELOPMENT SHALL SUB MIT ANY PROGRAMS OR SERVICES PROCURED OR 2
PROVIDED UNDER PARAG RAPH (1) OF THIS SUBSECTION T O THE COMMISSION FOR 3
REVIEW AND APPROVAL . 4
7–224. 5
(A) (1) ON OR BEFORE JULY 1, 2023, AND EVERY 3 YEARS THEREAFTER , 6
EACH ELECTRIC COMPAN Y, EACH GAS COMPANY , AND THE DEPARTMENT OF 7
HOUSING AND COMMUNITY DEVELOPMENT SHALL CONSULT WITH T HE TECHNICAL 8
STAFF OF THE COMMISSION, THE OFFICE OF PEOPLE’S COUNSEL, THE MARYLAND 9
ENERGY ADMINISTRATION , AND THE DEPARTMENT OF THE ENVIRONMENT 10
REGARDING THE DESIGN AND ADEQUACY OF ITS PLANS FOR ACHIEVING THE 11
EFFICIENT USE AND CO NSERVATION OF ENERGY IN SUPPORT OF THE GR EENHOUSE 12
GAS EMISSIONS REDUCT ION GOALS AND TARGET S SPECIFIED IN §§ 2–1201 AND 13
2–1204.1 OF THE ENVIRONMENT ARTICLE AND SET BY THE COMMISSION UNDER § 14
7–223(A) OF THIS SUBTITLE. 15
(2) EACH ELECTRIC COMPANY , EACH GAS COMPANY , AND THE 16
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SHALL PROVIDE THE 17
TECHNICAL STAFF OF T HE COMMISSION, THE OFFICE OF PEOPLE’S COUNSEL, THE 18
MARYLAND ENERGY ADMINISTRATION , AND THE DEPARTMENT OF THE 19
ENVIRONMENT WITH ANY ADDITIONAL INFORMATION REGARDIN G ITS PLAN, AS 20
REQUESTED . 21
(B) (1) ON OR BEFORE SEPTEMBER 1, 2023, AND EVERY 3 YEARS 22
THEREAFTER , AN ELECTRIC COMPANY , A GAS COMPANY , AND THE DEPARTMENT OF 23
HOUSING AND COMMUNITY DEVELOPMENT SHALL SUBMIT ITS PLA N TO THE 24
COMMISSION. 25
(2) EACH PLAN SHALL DETAI L A PROPOSAL FOR ACH IEVING THE 26
ENERGY EFFICIENCY , CONSERVATION , AND GREENHOUSE GAS EMISSIONS 27
REDUCTION TARGETS FOR 3 SUBSEQUENT CALENDAR YEARS. 28
(3) (I) EACH PLAN SHALL : 29
1. INCLUDE: 30
A. A DESCRIPTION OF THE PROPOSED PROGRAMS AN D 31
SERVICES; 32
B. ANTICIPATED COSTS ; 33
8 HOUSE BILL 1035
C. PROJECTED BENEFITS , INCLUDING GREENHOUSE 1
GAS EMISSIONS REDUCTIONS , ELECTRICITY SAVINGS , AND GAS SAVINGS ; AND 2
D. ANY OTHER INFORMATIO N REQUESTED BY THE 3
COMMISSION; AND 4
2. ADDRESS RESIDENTIAL , COMMERCIAL , AND 5
INDUSTRIAL SECTORS A S APPROPRIATE , INCLUDING LOW –INCOME COMMUNITIES 6
AND LOW– TO MODERATE –INCOME COMMUNITIES . 7
(II) A PLAN OF THE DEPARTMENT OF HOUSING AND 8
COMMUNITY DEVELOPMENT SHALL INC LUDE A DEFINITION OF “LOW– OR 9
MODERATE–INCOME INDIVIDUAL ” TO BE USED IN THE PR OCUREMENT OR 10
PROVISION OF ENERGY EFFICIENCY , CONSERVATION , AND GREENHOUSE GAS 11
EMISSIONS REDUCTION PROGRAMS A ND SERVICES. 12
(C) (1) THE COMMISSION SHALL REVI EW THE PLAN OF EACH ELECTRIC 13
COMPANY, EACH GAS COMPANY , AND THE DEPARTMENT OF HOUSING AND 14
COMMUNITY DEVELOPMENT TO DETERM INE WHETHER THE PLAN IS ADEQUATE AND 15
COST–EFFECTIVE IN ACHIEVI NG THE GREENHOUSE GA S EMISSIONS REDUCTIO N 16
TARGETS SET BY THE COMMISSION UNDER § 7–223(A) OF THIS SUBTITLE. 17
(2) THE COMMISSION SHALL CONS IDER ANY WRITTEN FIN DINGS 18
PROVIDED BY THE MARYLAND ENERGY ADMINISTRATION AND TH E DEPARTMENT 19
OF THE ENVIRONMENT REGARDING THE DESIGN AND ADEQU ACY OF THE PLAN . 20
(3) IN APPROVING THE PLAN OF AN ELECTRIC COMPANY OR A GAS 21
COMPANY, THE COMMISSION SHALL CONS IDER: 22
(I) THE COST–EFFECTIVENESS OF THE RESIDENTIAL AND 23
COMMERCIAL SECTOR SUBPORTFOLIO S BY USING THE PRIMARY STATE 24
JURISDICTION–SPECIFIC TEST, AS DEVELOPED , UPDATED, OR APPROVED BY THE 25
COMMISSION; 26
(II) THE IMPACT ON RATES OF E ACH RATEPAYER CLASS ; 27
(III) THE IMPACT ON JOBS ; 28
(IV) THE IMPACT ON THE ENVIRO NMENT; AND 29
(V) THE IMPACT ON THE GREENHOUSE GAS EMISSIONS 30
REDUCTION TARGETS SPECIFIED IN §§ 2–1201 AND 2–1204.1 OF THE ENVIRONMENT 31
ARTICLE AND SET BY THE COMMISSION UNDER § 7–223(A) OF THIS SUBTITLE. 32 HOUSE BILL 1035 9
(4) (I) IN APPROVING THE PLAN OF THE DEPARTMENT OF 1
HOUSING AND COMMUNITY DEVELOPMENT , THE COMMISSION SHALL CONS IDER: 2
1. SUBJECT TO SUBPARAGR APH (II) OF THIS 3
PARAGRAPH , THE COST–EFFECTIVENESS OF THE PLAN BY USING THE PRIMARY 4
STATE JURISDICTION–SPECIFIC TEST, AS DEVELOPED , UPDATED, OR APPROVED BY 5
THE COMMISSION; 6
2. THE IMPACT ON RATES OF E ACH RATEPAYER CLASS ; 7
3. THE IMPACT ON JOBS ; 8
4. THE IMPACT ON THE ENVIRO NMENT; AND 9
5. THE IMPACT ON THE GREENH OUSE GAS EMISSIONS 10
TARGETS SPECIFIED IN §§ 2–1201 AND 2–1204.1 OF THE ENVIRONMENT ARTICLE 11
AND SET BY THE COMMISSION UNDER § 7–223(A) OF THIS SUBTITLE. 12
(II) THE PROGRAMS AND SERV ICES OFFERED BY THE 13
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ARE NOT R EQUIRED 14
TO BE COST–EFFECTIVE. 15
(D) THE DEPARTMENT OF THE ENVIRONMENT SHALL PRE PARE AND 16
SUBMIT TO THE COMMISSION AN ANALYSI S REGARDING THE ADEQ UACY OF THE 17
PLAN IN SUPPORTING THE STATE’S GREENHOUSE GAS EMISSIONS REDUCTION 18
GOALS SPECIFIED IN §§ 2–1201 AND 2–1204.1 OF THE ENVIRONMENT ARTICLE AND 19
SET BY THE COMMISSION UNDER § 7–223(A) OF THIS SUBTITLE. 20
7–225. 21
(A) (1) EACH ELECTRIC COMPANY , EACH GAS COMPANY , AND THE 22
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT SHALL PRO VIDE TO 23
THE COMMISSION EVERY 6 MONTHS AN UPDATE ON PLAN IMPLEMENTATI ON AND 24
PROGRESS MADE TOWARD ACHIEVING THE EFFICIENT USE AN D CONSERVATION OF 25
ENERGY IN SUPPORT OF THE GREENHOUS E GAS EMISSIONS REDU CTION GOALS AND 26
TARGETS SPECIFIED IN §§ 2–1201 AND 2–1204.1 OF THE ENVIRONMENT ARTICLE 27
AND SET BY THE COMMISSION UNDER § 7–223(A) OF THIS SUBTITLE. 28
(2) THE COMMISSION SHALL MONI TOR AND ANALYZE THE IMPACT OF 29
EACH PROGRAM AND SER VICE TO ENSURE THAT THE OU TCOME OF EACH PROGRA M 30
AND SERVICE PROVIDES THE BEST POSSIBLE RE SULTS. 31
10 HOUSE BILL 1035
(3) IN MONITORING AND ANA LYZING THE IMPACT OF A PROGRAM OR 1
SERVICE UNDER PARAGR APH (2) OF THIS SUBSECTION , IF THE COMMISSION FINDS 2
THAT THE OUTCOME OF THE PROGRAM OR SERVICE MAY NOT B E PROVIDING THE 3
BEST POSSIBLE RESULT S, THE COMMISSION SHALL DIRE CT THE ELECTRIC 4
COMPANY, THE GAS COMPANY , OR THE DEPARTMENT OF HOUSING AND 5
COMMUNITY DEVELOPMENT TO INCLUDE IN ITS NEXT UPDATE UNDER PARAGRAPH 6
(1) OF THIS SUBSECTION SPECIF IC MEASURES TO ADDRE SS THE FINDINGS. 7
(B) (1) AT LEAST ONCE EACH YE AR, EACH ELECTRIC COMPAN Y AND EACH 8
GAS COMPANY SHALL NO TIFY AFFECTED CUSTOM ERS OF THE ENERGY EF FICIENCY 9
AND CONSERVATION CHA RGES IMPOSED AND BEN EFITS CONFERRED . 10
(2) THE NOTICE SHALL BE PROVIDED BY PUBLICAT ION ON THE 11
COMPANY’S WEBSITE AND INCLUS ION WITH BILLING INF ORMATION SUCH AS A B ILL 12
INSERT OR BILL MESSA GE. 13
(C) ON OR BEFORE MAY 1 EACH YEAR, THE COMMISSION SHALL REPO RT, 14
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, TO THE 15
GENERAL ASSEMBLY ON: 16
(1) THE STATUS OF PROGRA MS AND SERVICES TO E NCOURAGE AND 17
PROMOTE ENERGY EFFICIENCY , CONSERVATION , AND GREENHOUSE GAS EMISSIONS 18
REDUCTIONS , INCLUDING AN EVALUAT ION OF THE IMPACT OF THE PROGRAMS AND 19
SERVICES THAT ARE DI RECTED TO LOW –INCOME COMMUNITIES , LOW– TO 20
MODERATE–INCOME COMMUNITIES T O THE EXTENT POSSIBL E, AND OTHER 21
PARTICULAR CLASSES O F RATEPAYERS ; AND 22
(2) A RECOMMENDATION FOR THE APPROPRIATE FUNDING LE VEL TO 23
ADEQUATELY FUND THES E PROGRAMS AND SERVI CES. 24
7–226. 25
(A) NOTWITHSTANDING ANY O THER LAW, THE COMMISSION MAY NOT 26
REQUIRE OR ALLOW AN ELECTRIC COMPANY OR A GAS COMPANY TO REQUIRE A 27
CUSTOMER TO AUTHORIZE THE ELE CTRIC COMPANY OR GAS COMPANY TO CONTROL 28
THE AMOUNT OF THE CU STOMER’S ELECTRICITY USAGE OR GAS USAGE. 29
(B) A CUSTOMER MAY PROVIDE CONSENT TO PARTICIPA TE IN A PROGRAM 30
OF AN ELECTRIC COMPANY OR A GAS COMPANY PROVIDIN G DIRECT LOAD CONTRO L 31
OR OTHER UTILITY MAN IPULATION OF A CUSTOMER’S ELECTRICITY OR GAS USAGE. 32
7–510.3. 33
HOUSE BILL 1035 11
(j) (2) A community choice aggregator, in consultation with all 1
investor–owned electric companies whose service territories include all or part of the county 2
and the Department of Housing and Community Deve lopment, may promote energy 3
efficiency programs that are: 4
(i) offered by the investor–owned electric companies; or 5
(ii) filed by the investor–owned electric companies with the 6
Commission for its approval in accordance with [§ 7–211] SUBTITLE 2, PART II of this 7
title. 8
Article – State Government 9
9–20B–05. 10
(f) The Administration shall use the Fund: 11
(4) to provide rate relief by offsetting electricity rates of residential 12
customers, including an offset of surcharges imposed on ratepayers under [§ 7–211] TITLE 13
7, SUBTITLE 2, PART II of the Public Utilities Article; 14
SECTION 4. AND BE IT FURTHER ENACTED, That the publisher of the 15
Annotated Code of Maryland, in consultation with and subject to the approval of the 16
Department of Legislative Services, shall correct, with no further action required by the 17
General Assembly, cross–references and terminology rendered incorrect by this Act. The 18
publisher shall adequately describe any correction that is made in an editor’s note following 19
the section affected. 20
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2023. 22