Maryland 2023 Regular Session

Maryland House Bill HB1188 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 460
2	1
3		-	– 1 –
4		-	Chapter 460
5		-	(House Bill 1188)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb1188
8	10
9		-	Public Utilities – Certificate of Public Convenience and Necessity – Solar
10		-	Photovoltaic Systems and Meter Aggregation
	11	+	HOUSE BILL 1188
	12	+	C5 (3lr1429)
	13	+	ENROLLED BILL
	14	+	— Economic Matters/Education, Energy, and the Environment —
	15	+	Introduced by Delegate Atterbeary
11	16
12		-	FOR the purpose of defining “generating station” as it relates to the requirement to obtain
13		-	a certificate of public convenience and necessity or approval from the Public Service
14		-	Commission for a person who constructs a generating station that has the capacity
15		-	to produce a certain amount of electricity from a solar photovoltaic system; requiring
16		-	an electric company to provide meter aggregation for certain eligible
17		-	customer–generators under certain circumstances; and generally relating to the
18		-	requirement to obtain a certificate certificates of public convenience and necessity
19		-	and meter aggregation.
	17	+	Read and Examined by Proofreaders:
20	18
21		-	BY repealing and reenacting, with amendments,
22		-	Article – Public Utilities
23		-	Section 7–207(a), 7–207.1, and 7–207.2
24		-	Annotated Code of Maryland
25		-	(2020 Replacement Volume and 2022 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
26	23
27		-	BY adding to
28		-	Article – Public Utilities
29		-	Section 7–306.3
30		-	Annotated Code of Maryland
31		-	(2020 Replacement Volume and 2022 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
32	25
33		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
34		-	That the Laws of Maryland read as follows:
	26	+	_______ day of _______________ at __ ______________________ o’clock, ________M.
35	27
36		-	Article – Public Utilities
	28	+	______________________________________________
	29	+	Speaker.
37	30
38		-	~~7–207.~~
	31	+	CHAPTER ______
39	32
40		-	~~(a) (~~1~~) In this section the following words have the meanings indicated.~~
	33	+	AN ACT concerning 1
41	34
42		-	(2) “Brownfields site” means:
	35	+	Public Utilities – Certificate of Public Convenience and Necessity – Solar 2
	36	+	Photovoltaic Systems and Meter Aggregation 3
43	37
44		-	(i) a former industrial or commercial site identified by federal or
45		-	State laws or regulation as contaminated or polluted;
	38	+	FOR the purpose of defining “generating station” as it relates to the requirement to obtain 4
	39	+	a certificate of public convenience and necessity or approval from the Public Service 5
	40	+	Commission for a person who constructs a generating station that has the capacity 6
	41	+	to produce a certain amount of electricity from a solar photovoltaic system; requiring 7
	42	+	an electric company to provide meter aggregation for certain eligible 8
	43	+	customer–generators under certain circumstances; and generally relating to the 9
	44	+	requirement to obtain a certificate certificates of public convenience and necessity 10
	45	+	and meter aggregation. 11
46	46
47		-	~~(ii) a closed landfill regulated~~ by ~~the Department of the~~
48		-	~~Environment; or~~
49		-	~~Ch. 460~~ ~~2023 LAWS OF MARYLAND~~
	47	+	BY repealing and reenacting, with amendments, 12
	48	+	Article – Public Utilities 13
	49	+	Section 7–207(a), 7–207.1, and 7–207.2 14 2 HOUSE BILL 1188
50	50
51		-	– 2 –
52		-	(iii) mined land.
53	51
54		-	(3) (i) “Construction” means:
	52	+	Annotated Code of Maryland 1
	53	+	(2020 Replacement Volume and 2022 Supplement) 2
55	54
56		-	1. any physical change at a site, including fabrication,
57		-	erection, installation, or demolition; or
	55	+	BY adding to 3
	56	+	Article – Public Utilities 4
	57	+	Section 7–306.3 5
	58	+	Annotated Code of Maryland 6
	59	+	(2020 Replacement Volume and 2022 Supplement) 7
58	60
59		-	2. the entry into a binding agreement or contractual
60		-	obligation to purchase equipment exclusively for use in construction in the State or to
61		-	undertake a program of actual construction in the State which cannot be canceled or
62		-	modified without substantial loss to the owner or operator of the proposed generating
63		-	station.
	61	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
	62	+	That the Laws of Maryland read as follows: 9
64	63
65		-	(ii) “Construction” does not include a change that is needed for the
66		-	temporary use of a site or route for nonutility purposes or for use in securing geological
67		-	data, including any boring that is necessary to ascertain foundation conditions.
	64	+	Article – Public Utilities 10
68	65
69		-	~~(4) “GENERATING STATION ” DOES NOT INCLUDE :~~
	66	+	7–207. 11
70	67
71		-	(I) ~~A GENERATING UNIT OR FACILITY THAT:~~
	68	+	(a) (1) In this section the following words have the meanings indicated. 12
72	69
73		-	~~1. IS USED FOR THE PROD UCTION OF ELECTRICIT Y;~~
	70	+	(2) “Brownfields site” means: 13
74	71
75		-	~~2. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2~~
76		-	~~MEGAWATTS OF ALTERNA TING CURRENT~~ ; ~~AND~~
	72	+	(i) a former industrial or commercial site identified by federal or 14
	73	+	State laws or regulation as contaminated or polluted; 15
77	74
78		-	3. IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE
79		-	FLOW OF ELECTRICITY TO THE ELECTRIC GRID DURING TIME PERIODS WHEN THE
80		-	ELECTRIC GRID IS OUT OF SERVICE; OR
	75	+	(ii) a closed landfill regulated by the Department of the 16
	76	+	Environment; or 17
81	77
82		-	(II) A COMBINATION OF TWO OR MORE GENERATING UNIT S OR
83		-	FACILITIES THAT:
	78	+	(iii) mined land. 18
84	79
85		-	1. ARE USED FOR THE PRO DUCTION OF ELECTRICI TY
86		-	FROM A SOLAR PHOTOVO LTAIC SYSTEM OR AN E LIGIBLE CUSTOMER –GENERATOR
87		-	THAT IS SUBJECT TO T HE PROVISIONS OF § 7–306 OF THIS TITLE;
	80	+	(3) (i) “Construction” means: 19
88	81
89		-	2. ~~ARE LOCATED ON THE SAME PR OPERTY OR ADJACENT~~
90		-	~~PROPERTIES~~;
	82	+	1. any physical change at a site, including fabrication, 20
	83	+	erection, installation, or demolition; or 21
91	84
92		-	3. HAVE THE CAPACITY TO PRODUCE, WHEN
93		-	CALCULATED CUMULATIV ELY FOR ALL GENERATI NG UNITS OR FACILITI ES ON THE
94		-	PROPERTY OR ADJACENT PROPERTY, MORE THAN 2 MEGAWATTS BUT NOT MORE
95		-	THAN 14 MEGAWATTS OF ALTERNATING CURRENT ; AND WES MOORE, Governor Ch. 460
	85	+	2. the entry into a binding agreement or contractual 22
	86	+	obligation to purchase equipment exclusively for use in construction in the State or to 23
	87	+	undertake a program of actual construction in the State which cannot be canceled or 24
	88	+	modified without substantial loss to the owner or operator of the proposed generating 25
	89	+	station. 26
96	90
97		-	– 3 –
	91	+	(ii) “Construction” does not include a change that is needed for the 27
	92	+	temporary use of a site or route for nonutility purposes or for use in securing geological 28
	93	+	data, including any boring that is necessary to ascertain foundation conditions. 29
98	94
99		-	4. FOR EACH INDIVIDUAL GENERATING UNIT OR
100		-	FACILITY:
	95	+	(4) “GENERATING STATION ” DOES NOT INCLUDE : 30
101	96
102		-	A~~. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2~~
103		-	~~MEGAWATTS OF ALTERNA TING CURRENT ;~~
	97	+	(I) A GENERATING UNIT OR FACILITY THAT: 31
	98	+	HOUSE BILL 1188 3
104	99
105		-	B. IS SEPARATELY METERE D BY THE ELECTRIC
106		-	COMPANY; AND
107	100
108		-	C. DOES NOT EXPORT ELECTRICITY FOR SALE ON THE
109		-	WHOLESALE MARKET UND ER AN AGREEMENT WITH PJM INTERCONNECTION , LLC.
	101	+	1. IS USED FOR THE PROD UCTION OF ELECTRICIT Y; 1
110	102
111		-	~~[(4)] (5) (i) “Mined land” means~~ the ~~surface or subsurface of an area~~
112		-	~~in which surface mining operations will be,~~ ~~are being,~~ ~~or have been conducted.~~
	103	+	2. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 2
	104	+	MEGAWATTS OF ALTERNA TING CURRENT ; AND 3
113	105
114		-	(ii) “Mined land” includes:
	106	+	3. IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE 4
	107	+	FLOW OF ELECTRICITY TO THE ELECTRIC GRID DURING TIME PERIODS WHEN THE 5
	108	+	ELECTRIC GRID IS OUT OF SERVICE; OR 6
115	109
116		-	~~1. private ways and roads used for mining appurtenant to~~
117		-	~~any surface mining area;~~
	110	+	(II) A COMBINATION OF TWO OR MORE GENERATING UNIT S OR 7
	111	+	FACILITIES THAT: 8
118	112
119		-	2. land excavations;
	113	+	1. ARE USED FOR THE PRO DUCTION OF ELECTRICI TY 9
	114	+	FROM A SOLAR PHOTOVO LTAIC SYSTEM OR AN E LIGIBLE CUSTOMER –GENERATOR 10
	115	+	THAT IS SUBJECT TO T HE PROVISIONS OF § 7–306 OF THIS TITLE; 11
120	116
121		-	3. workings; and
	117	+	2. ARE LOCATED ON THE SAME PR OPERTY OR ADJACENT 12
	118	+	PROPERTIES; 13
122	119
123		-	4. overburden.
	120	+	3. HAVE THE CAPACITY TO PRODUCE, WHEN 14
	121	+	CALCULATED CUMULATIV ELY FOR ALL GENERATI NG UNITS OR FACILITI ES ON THE 15
	122	+	PROPERTY OR ADJACENT PROPERTY, MORE THAN 2 MEGAWATTS BUT NOT MORE 16
	123	+	THAN 14 MEGAWATTS OF ALTERNATING CURRENT ; AND 17
124	124
125		-	[(5)] (6) “Qualified generator lead line” means an overhead transmission
126		-	line that is designed to carry a voltage in excess of 69,000 volts and would allow an
127		-	out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric
128		-	system in Maryland that is owned by an electric company.
	125	+	4. FOR EACH INDIVIDUAL GENERATING UNIT OR 18
	126	+	FACILITY: 19
129	127
130		-	7–207.1.
	128	+	A. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 20
	129	+	MEGAWATTS OF ALTERNA TING CURRENT ; 21
131	130
132		-	(A) IN THIS SECTION, “GENERATING STATION ” DOES NOT INCLUDE :
	131	+	B. IS SEPARATELY METERE D BY THE ELECTRIC 22
	132	+	COMPANY; AND 23
133	133
134		-	(1) A GENERATING UNIT OR FACILITY THAT:
	134	+	C. DOES NOT EXPORT ELECTRICITY FOR SALE ON THE 24
	135	+	WHOLESALE MARKET UND ER AN AGREEMENT WITH PJM INTERCONNECTION , LLC. 25
135	136
136		-	(I) IS USED FOR THE PROD UCTION OF ELECTRICIT Y;
	137	+	[(4)] (5) (i) “Mined land” means the surface or subsurface of an area 26
	138	+	in which surface mining operations will be, are being, or have been conducted. 27
137	139
138		-	(II) HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2
139		-	MEGAWATTS OF ALTERNA TING CURRENT ; AND
140		-	Ch. 460 2023 LAWS OF MARYLAND
	140	+	(ii) “Mined land” includes: 28
141	141
142		-	– 4 –
143		-	(III) IS INSTALLED WITH EQUIP MENT THAT PREVENTS T HE FLOW
144		-	OF ELECTRICITY TO TH E ELECTRIC GRID DURI NG TIME PERIODS WHEN THE
145		-	ELECTRIC GRID IS OUT OF SERVICE; OR
	142	+	1. private ways and roads used for mining appurtenant to 29
	143	+	any surface mining area; 30
146	144
147		-	(2) A COMBINATION OF TWO OR MORE GENERATING U NITS OR
148		-	FACILITIES THAT:
	145	+	2. land excavations; 31 4 HOUSE BILL 1188
149	146
150		-	(I) ARE USED FOR THE PRO DUCTION OF ELECTRICITY FROM A
151		-	SOLAR PHOTOVOLTAIC S YSTEM OR AN ELIGIBLE CUSTOMER–GENERATOR THAT IS
152		-	SUBJECT TO THE PROVI SIONS OF § 7–306 OF THIS TITLE;
153	147
154		-	(II) ARE LOCATED ON THE S AME PROPERTY OR ADJA CENT
155		-	PROPERTIES;
156	148
157		-	(III) HAVE THE CAPACITY TO PRODUCE, WHEN CALCULATED
158		-	CUMULATIVELY FOR ALL GENERATING UNITS OR FACILITIES ON THE PR OPERTY OR
159		-	ADJACENT PROPERTY , MORE THAN 2 MEGAWATTS BUT NOT MORE THAN 14
160		-	MEGAWATTS OF ALTERNATING CURRE NT; AND
	149	+	3. workings; and 1
161	150
162		-	~~(IV) FOR EACH INDIVIDUAL GENERATIN G UNIT OR FACILITY:~~
	151	+	4. overburden. 2
163	152
164		-	1. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2
165		-	MEGAWATTS OF ALTERNA TING CURRENT ;
	153	+	[(5)] (6) “Qualified generator lead line” means an overhead transmission 3
	154	+	line that is designed to carry a voltage in excess of 69,000 volts and would allow an 4
	155	+	out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric 5
	156	+	system in Maryland that is owned by an electric company. 6
166	157
167		-	2. IS SEPARATELY METERE D BY THE ELECTRIC
168		-	COMPANY; AND
	158	+	7–207.1. 7
169	159
170		-	3. DOES NOT EXPORT ELEC TRICITY FOR SALE ON THE
171		-	WHOLESALE MARKET UND ER AN AGREEMENT WIT H PJM INTERCONNECTION , LLC.
	160	+	(A) IN THIS SECTION, “GENERATING STATION ” DOES NOT INCLUDE : 8
172	161
173		-	~~[(a)]~~ (B) ~~This section applies to~~ a ~~person who~~:
	162	+	(1) A GENERATING UNIT OR FACILITY THAT: 9
174	163
175		-	(1) ~~constructs a generating station:~~
	164	+	(I) IS USED FOR THE PROD UCTION OF ELECTRICIT Y; 10
176	165
177		-	(i) designed to provide on–site generated electricity if:
	166	+	(II) HAS THE CAPACITY TO PRODUCE NOT MO RE THAN 2 11
	167	+	MEGAWATTS OF ALTERNA TING CURRENT ; AND 12
178	168
179		-	1. the capacity of the generating station does not exceed 70
180		-	megawatts; and
	169	+	(III) IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE FLOW 13
	170	+	OF ELECTRICITY TO TH E ELECTRIC GRID DURI NG TIME PERIODS WHEN THE 14
	171	+	ELECTRIC GRID IS OUT OF SERVICE; OR 15
181	172
182		-	2. the electricity that may be exported for sale from the
183		-	generating station to the electric system is sold only on the wholesale market pursuant to
184		-	an interconnection, operation, and maintenance agreement with the local electric company;
185		-	or
186		-	WES MOORE, Governor Ch. 460
	173	+	(2) A COMBINATION OF TWO OR MORE GENERATIN G UNITS OR 16
	174	+	FACILITIES THAT: 17
187	175
188		-	– 5 –
189		-	(ii) that produces electricity from wind if:
	176	+	(I) ARE USED FOR THE PRO DUCTION OF ELECTRICI TY FROM A 18
	177	+	SOLAR PHOTOVOLTAIC S YSTEM OR AN ELIGIBLE CUSTOMER–GENERATOR THAT IS 19
	178	+	SUBJECT TO THE PROVI SIONS OF § 7–306 OF THIS TITLE; 20
190	179
191		-	1. the generating station is land–based;
	180	+	(II) ARE LOCATED ON THE S AME PROPERTY OR ADJACENT 21
	181	+	PROPERTIES; 22
192	182
193		-	2. the capacity of the generating station does not exceed 70
194		-	megawatts;
	183	+	(III) HAVE THE CAPACITY TO PRODUCE, WHEN CALCULATED 23
	184	+	CUMULATIVELY FOR ALL GENERATING UNITS OR FACILITIES ON THE PR OPERTY OR 24
	185	+	ADJACENT PROPERTY , MORE THAN 2 MEGAWATTS BUT NOT MORE THAN 14 25
	186	+	MEGAWATTS OF ALTERNATING CURRE NT; AND 26
195	187
196		-	3. the electricity that may be exported for sale from the
197		-	generating station to the electric system is sold only on the wholesale market pursuant to
198		-	an interconnection, operation, and maintenance agreement with the local electric company;
	188	+	(IV) FOR EACH INDIVIDUAL GENERATING UNIT OR F ACILITY: 27
199	189
200		-	4. the Commission provides an opportunity for public
201		-	comment at a public hearing as provided in subsection [(f)] (G) of this section; and
	190	+	1. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 28
	191	+	MEGAWATTS OF ALTERNA TING CURRENT ; 29
	192	+	HOUSE BILL 1188 5
202	193
203		-	5. the generating station’s wind turbines are not located
204		-	within a distance from the Patuxent River Naval Air Station that is determined by
205		-	regulations adopted by the Commission in coordination with the Commander, Naval Air
206		-	Warfare Center Aircraft Division, provided that the distance requirement under the
207		-	regulation is:
208	194
209		-	A. not greater than is necessary to encompass an area in
210		-	which utility scale wind turbines could create Doppler radar interference for missions at
211		-	the Patuxent River Naval Air Station;
	195	+	2. IS SEPARATELY METERE D BY THE ELECTRIC 1
	196	+	COMPANY; AND 2
212	197
213		-	B. not ~~greater than 46 miles,~~ ~~measured from location~~
214		-	~~38.29667N~~, 76.~~37668W; and~~
	198	+	3. DOES NOT EXPORT ELEC TRICITY FOR SALE ON THE 3
	199	+	WHOLESAL E MARKET UNDER AN AG REEMENT WITH PJM INTERCONNECTION , LLC. 4
215	200
216		-	C. subject to modification if necessary to reflect changes in
217		-	missions or technology at the Patuxent River Naval Air Station or changes in wind energy
218		-	technology; or
	201	+	[(a)] (B) This section applies to a person who: 5
219	202
220		-	(2) constructs a generating station if:
	203	+	(1) constructs a generating station: 6
221	204
222		-	(i) the capacity of the generating station does not exceed 25
223		-	megawatts;
	205	+	(i) designed to provide on–site generated electricity if: 7
224	206
225		-	(ii) the electricity that may be exported for sale from the generating
226		-	station to the electric system is sold only on the wholesale market pursuant to an
227		-	interconnection, operation, and maintenance agreement with the local electric company;
228		-	and
	207	+	1. the capacity of the generating station does not exceed 70 8
	208	+	megawatts; and 9
229	209
230		-	(iii) at least 10% of the electricity generated at the generating station
231		-	each year is consumed on–site.
	210	+	2. the electricity that may be exported for sale from the 10
	211	+	generating station to the electric system is sold only on the wholesale market pursuant to 11
	212	+	an interconnection, operation, and maintenance agreement with the local electric company; 12
	213	+	or 13
232	214
233		-	[(b)] (C) (1) The Commission shall require a person that is exempted from
234		-	the requirement to obtain a certificate of public convenience and necessity to obtain Ch. 460 2023 LAWS OF MARYLAND
	215	+	(ii) that produces electricity from wind if: 14
235	216
236		-	– 6 –
237		-	approval from the Commission under this section before the person may construct a
238		-	generating station described in subsection [(a)] (B) of this section.
	217	+	1. the generating station is land–based; 15
239	218
240		-	(2) An application for approval under this section shall:
	219	+	2. the capacity of the generating station does not exceed 70 16
	220	+	megawatts; 17
241	221
242		-	(i) be made to the Commission in writing on a form adopted by the
243		-	Commission;
	222	+	3. the electricity that may be exported for sale from the 18
	223	+	generating station to the electric system is sold only on the wholesale market pursuant to 19
	224	+	an interconnection, operation, and maintenance agreement with the local electric company; 20
244	225
245		-	(ii) be verified by oath or affirmation; and
	226	+	4. the Commission provides an opportunity for public 21
	227	+	comment at a public hearing as provided in subsection [(f)] (G) of this section; and 22
246	228
247		-	(iii) contain information that the Commission requires, including:
	229	+	5. the generating station’s wind turbines are not located 23
	230	+	within a distance from the Patuxent River Naval Air Station that is determined by 24
	231	+	regulations adopted by the Commission in coordination with the Commander, Naval Air 25
	232	+	Warfare Center Aircraft Division, provided that the distance requirement under the 26
	233	+	regulation is: 27
248	234
249		-	1. proof of compliance with all applicable requirements of the
250		-	independent system operator; and
	235	+	A. not greater than is necessary to encompass an area in 28
	236	+	which utility scale wind turbines could create Doppler radar interference for missions at 29
	237	+	the Patuxent River Naval Air Station; 30
251	238
252		-	2. ~~a copy of an interconnection~~, ~~operation, and maintenance~~
253		-	~~agreement between the generating station~~ and ~~the local electric company.~~
	239	+	B. not greater than 46 miles, measured from location 31
	240	+	38.29667N, 76.37668W; and 32 6 HOUSE BILL 1188
254	241
255		-	[(c)] (D) On receipt of an application for approval under this section, the
256		-	Commission shall provide notice immediately or require the applicant to provide notice
257		-	immediately of the application to:
258	242
259		-	(1) the governing body of each county or municipal corporation in which
260		-	any portion of the generating station is proposed to be constructed;
261	243
262		-	(2) the governing body of each county or municipal corporation within 1
263		-	mile of the proposed location of the generating station;
	244	+	C. subject to modification if necessary to reflect changes in 1
	245	+	missions or technology at the Patuxent River Naval Air Station or changes in wind energy 2
	246	+	technology; or 3
264	247
265		-	(3) each member of the General Assembly representing any part of a county
266		-	in which any portion of the generating station is proposed to be constructed; and
	248	+	(2) constructs a generating station if: 4
267	249
268		-	(4) ~~each member~~ of the ~~General Assembly representing any part of each~~
269		-	~~county within 1 mile of the proposed location of the generating station.~~
	250	+	(i) the capacity of the generating station does not exceed 25 5
	251	+	megawatts; 6
270	252
271		-	[(d)] (E) When reviewing an application for approval under this section, the
272		-	Commission shall:
	253	+	(ii) the electricity that may be exported for sale from the generating 7
	254	+	station to the electric system is sold only on the wholesale market pursuant to an 8
	255	+	interconnection, operation, and maintenance agreement with the local electric company; 9
	256	+	and 10
273	257
274		-	(1) ensure the safety and reliability of the electric system;
	258	+	(iii) at least 10% of the electricity generated at the generating station 11
	259	+	each year is consumed on–site. 12
275	260
276		-	(2) require the person constructing the generating station to notify the
277		-	Commission 2 weeks before the first export of electricity from a generating station approved
278		-	under this section; and
	261	+	[(b)] (C) (1) The Commission shall require a person that is exempted from 13
	262	+	the requirement to obtain a certificate of public convenience and necessity to obtain 14
	263	+	approval from the Commission under this section before the person may construct a 15
	264	+	generating station described in subsection [(a)] (B) of this section. 16
279	265
280		-	(3) conduct its review and approval in an expeditious manner.
281		-	WES MOORE, Governor Ch. 460
	266	+	(2) An application for approval under this section shall: 17
282	267
283		-	– 7 –
284		-	[(e)] (F) Except for the notice required under subsection [(c)] (D) of this section,
285		-	the Commission may waive an element of the approval process under this section if the
286		-	Commission determines that the waiver is in the public interest.
	268	+	(i) be made to the Commission in writing on a form adopted by the 18
	269	+	Commission; 19
287	270
288		-	[(f)] (G) (1) The Commission shall provide an opportunity for public
289		-	comment and hold a public hearing as provided under this subsection on an application for
290		-	approval made under subsection [(a)(1)(ii)] (B)(1)(II) of this section in each county and
291		-	municipal corporation in which any portion of the construction of a generating station is
292		-	proposed to be located.
	271	+	(ii) be verified by oath or affirmation; and 20
293	272
294		-	(2) Upon the request of the governing body of a county or municipal
295		-	corporation in which any portion of the construction of a generating station is proposed to
296		-	be located, the Commission shall hold the public hearing jointly with the governing body.
	273	+	(iii) contain information that the Commission requires, including: 21
297	274
298		-	(3) Once in each of 2 successive weeks immediately before the hearing date,
299		-	the Commission, at the expense of the applicant, shall provide weekly notice of the public
300		-	hearing and opportunity for public comment by advertisement in a newspaper of general
301		-	circulation in the county or municipal corporation affected by the application.
	275	+	1. proof of compliance with all applicable requirements of the 22
	276	+	independent system operator; and 23
302	277
303		-	7–207.2.
	278	+	2. a copy of an interconnection, operation, and maintenance 24
	279	+	agreement between the generating station and the local electric company. 25
304	280
305		-	(A) IN THIS SECTION, “GENERATING STATION ” DOES NOT INCLUDE :
	281	+	[(c)] (D) On receipt of an application for approval under this section, the 26
	282	+	Commission shall provide notice immediately or require the applicant to provide notice 27
	283	+	immediately of the application to: 28
306	284
307		-	(1) A GENERATING UNIT OR FACILITY THAT:
	285	+	(1) the governing body of each county or municipal corporation in which 29
	286	+	any portion of the generating station is proposed to be constructed; 30
	287	+	HOUSE BILL 1188 7
308	288
309		-	(I) IS USED FOR THE PROD UCTION OF ELECTRICIT Y;
310	289
311		-	(II) ~~HAS~~ THE ~~CAPACITY TO PRODUCE NOT MORE THA N 2~~
312		-	~~MEGAWATTS~~ OF ~~ALTERNA TING CURRENT~~ ; ~~AND~~
	290	+	(2) the governing body of each county or municipal corporation within 1 1
	291	+	mile of the proposed location of the generating station; 2
313	292
314		-	(III) IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE FLOW
315		-	OF ELECTRICITY TO TH E ELECTRIC GRID DURING TIME PERIODS WHEN THE
316		-	ELECTRIC GRID IS OUT OF SERVICE; OR
	293	+	(3) each member of the General Assembly representing any part of a county 3
	294	+	in which any portion of the generating station is proposed to be constructed; and 4
317	295
318		-	(2) ~~A COMBINATION~~ OF ~~TWO OR MORE GENERATING U NITS OR~~
319		-	~~FACILITIES THAT:~~
	296	+	(4) each member of the General Assembly representing any part of each 5
	297	+	county within 1 mile of the proposed location of the generating station. 6
320	298
321		-	(I) ARE USED FOR THE PRO DUCTION OF ELECTRICI TY FROM A
322		-	SOLAR PHOTOVOLTAIC S YSTEM OR AN ELIGIBLE CUSTOMER–GENERATOR THAT IS
323		-	SUBJECT TO THE PROVI SIONS OF § 7–306 OF THIS TITLE;
	299	+	[(d)] (E) When reviewing an application for approval under this section, the 7
	300	+	Commission shall: 8
324	301
325		-	(II) ARE LOCATED ON THE S AME PROPERTY OR ADJA CENT
326		-	PROPERTIES;
327		-	Ch. 460 2023 LAWS OF MARYLAND
	302	+	(1) ensure the safety and reliability of the electric system; 9
328	303
329		-	– 8 –
330		-	(III) HAVE THE CAPACITY TO PRODUCE, WHEN CALCULATED
331		-	CUMULATIVELY FOR ALL GENERATING UNITS OR FACILITIES ON THE PR OPERTY OR
332		-	ADJACENT PROPERTY , MORE THAN 2 MEGAWATTS BUT NOT MORE THAN 14
333		-	MEGAWATTS OF ALTERNATING CURRE NT; AND
	304	+	(2) require the person constructing the generating station to notify the 10
	305	+	Commission 2 weeks before the first export of electricity from a generating station approved 11
	306	+	under this section; and 12
334	307
335		-	(IV) ~~FOR EACH INDIVIDUAL GENERATING UNIT OR F ACILITY:~~
	308	+	(3) conduct its review and approval in an expeditious manner. 13
336	309
337		-	1. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2
338		-	MEGAWATTS OF ALTERNA TING CURRENT ;
	310	+	[(e)] (F) Except for the notice required under subsection [(c)] (D) of this section, 14
	311	+	the Commission may waive an element of the approval process under this section if the 15
	312	+	Commission determines that the waiver is in the public interest. 16
339	313
340		-	2. IS SEPARATELY METERED BY THE ELECTRIC
341		-	COMPANY; AND
	314	+	[(f)] (G) (1) The Commission shall provide an opportunity for public 17
	315	+	comment and hold a public hearing as provided under this subsection on an application for 18
	316	+	approval made under subsection [(a)(1)(ii)] (B)(1)(II) of this section in each county and 19
	317	+	municipal corporation in which any portion of the construction of a generating station is 20
	318	+	proposed to be located. 21
342	319
343		-	3. DOES NOT EXPORT ELEC TRICITY FOR SALE ON THE
344		-	WHOLESALE MARKET UND ER AN AGREEMENT WITH PJM INTERCONNECTION , LLC.
	320	+	(2) Upon the request of the governing body of a county or municipal 22
	321	+	corporation in which any portion of the construction of a generating station is proposed to 23
	322	+	be located, the Commission shall hold the public hearing jointly with the governing body. 24
345	323
346		-	[(a)] (B) This section applies to a person who constructs a generating station
347		-	that:
	324	+	(3) Once in each of 2 successive weeks immediately before the hearing date, 25
	325	+	the Commission, at the expense of the applicant, shall provide weekly notice of the public 26
	326	+	hearing and opportunity for public comment by advertisement in a newspaper of general 27
	327	+	circulation in the county or municipal corporation affected by the application. 28
348	328
349		-	(1) has the capacity to produce [at least] MORE THAN 2 megawatts of
350		-	electricity, AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE SYSTEM ’S
351		-	INVERTER, from a solar photovoltaic system; and
	329	+	7–207.2. 29
352	330
353		-	(2) is exempted under § 7–207.1 of this subtitle from the requirement to
354		-	obtain a certificate of public convenience and necessity.
	331	+	(A) IN THIS SECTION, “GENERATING STATION ” DOES NOT INCLUDE : 30
355	332
356		-	[(b)] (C) (1) A person shall file an application for approval to construct a
357		-	generating station under § 7–207.1 of this subtitle at least 6 months before construction
358		-	commences.
	333	+	(1) A GENERATING UNIT OR FACILITY THAT: 31
359	334
360		-	(2) The Commission shall require a person who files an application for
361		-	approval to construct a generating station to pay a deposit of 1% of total installed costs.
	335	+	(I) IS USED FOR THE PROD UCTION OF ELECTRICIT Y; 32 8 HOUSE BILL 1188
362	336
363		-	[(c)] (D) (1) The Commission shall place any deposits collected under
364		-	subsection [(b)] (C) of this section into an escrow account.
365	337
366		-	(2) If a person demonstrates to the Commission that the person is fully
367		-	authorized to commence construction within 18 months after filing an application for
368		-	approval, the Commission shall refund the deposit, less reasonable administrative costs.
369	338
370		-	(3) (i) Subject to subparagraph (ii) of this paragraph, if a person does
371		-	not commence construction within 18 months after filing an application for approval, the
372		-	money held in the escrow account shall be:
	339	+	(II) HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 1
	340	+	MEGAWATTS OF ALTERNA TING CURRENT ; AND 2
373	341
374		-	1. deemed to be abandoned; and WES MOORE, Governor Ch. 460
	342	+	(III) IS INSTALLED WITH EQUIPMENT THAT PREVENTS THE FLOW 3
	343	+	OF ELECTRICITY TO TH E ELECTRIC GRID DURI NG TIME PERIODS WHEN THE 4
	344	+	ELECTRIC GRID IS OUT OF SERVICE; OR 5
375	345
376		-	– 9 –
	346	+	(2) A COMBINATION OF TWO OR MORE GENERATING U NITS OR 6
	347	+	FACILITIES THAT: 7
377	348
378		-	~~2. transferred to~~ the ~~Maryland Strategic Energy Investment~~
379		-	~~Fund under §~~ 9~~–20B–05 of the State Government Article, less reasonable administrative~~
380		-	~~costs.~~
	349	+	(I) ARE USED FOR THE PRO DUCTION OF ELEC TRICITY FROM A 8
	350	+	SOLAR PHOTOVOLTAIC S YSTEM OR AN ELIGIBLE CUSTOMER–GENERATOR THAT IS 9
	351	+	SUBJECT TO THE PROVI SIONS OF § 7–306 OF THIS TITLE; 10
381	352
382		-	(ii) ~~1. A person may request an extension for a project that does~~
383		-	~~not commence construction within 18 months after the filing of an application for approval.~~
	353	+	(II) ARE LOCATED ON THE S AME PROPERTY OR ADJA CENT 11
	354	+	PROPERTIES; 12
384	355
385		-	2. The Commission may grant the request based on factors
386		-	the Commission considers compelling, including the occurrence of events outside the
387		-	person’s control.
	356	+	(III) HAVE THE CAPACITY TO PRODUCE, WHEN CALCULATE D 13
	357	+	CUMULATIVELY FOR ALL GENERATING UNITS OR FACILITIES ON THE PR OPERTY OR 14
	358	+	ADJACENT PROPERTY , MORE THAN 2 MEGAWATTS BUT NOT MORE THAN 14 15
	359	+	MEGAWATTS OF ALTERNATING CURRE NT; AND 16
388	360
389		-	~~7–306.3.~~
	361	+	(IV) FOR EACH INDIVIDUAL GENERATING UNIT OR F ACILITY: 17
390	362
391		-	~~(A) IN THIS SECTION , “ELIGIBLE CUSTOMER –GENERATOR ”~~ HAS THE
392		-	~~MEANING STATED IN § 7–306~~ OF ~~THIS SUBTITLE.~~
	363	+	1. HAS THE CAPACITY TO PRODUCE NOT MORE THAN 2 18
	364	+	MEGAWATTS OF ALTERNA TING CURRENT ; 19
393	365
394		-	~~(B) AN~~ ELECTRIC ~~COMPANY S HALL PROVIDE METER A GGREGATION FOR AN~~
395		-	~~ELIGIBLE CUSTOMER –GENERATOR~~ ~~THAT :~~
	366	+	2. IS SEPARATELY METERE D BY THE ELECTRIC 20
	367	+	COMPANY; AND 21
396	368
397		-	~~(1) SUBMITS A REQUEST , IN WRITING,~~ TO THE ~~ELECTRIC COMPANY~~
398		-	~~FOR THE PROVISION OF METER AGGREGATION ; AND~~
	369	+	3. DOES NOT EXPORT ELEC TRICITY FOR SALE ON THE 22
	370	+	WHOLESALE MARKET UND ER AN AGREEMENT WITH PJM INTERCONNECTION , LLC. 23
399	371
400		-	(2) (I) USES ELECTRICAL SERV ICE FOR AGRICULTURE ;
	372	+	[(a)] (B) This section applies to a person who constructs a generating station 24
	373	+	that: 25
401	374
402		-	(II) IS A NONPROFIT ORGAN IZATION;
	375	+	(1) has the capacity to produce [at least] MORE THAN 2 megawatts of 26
	376	+	electricity, AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE SYSTEM ’S 27
	377	+	INVERTER, from a solar photovoltaic system; and 28
403	378
404		-	(III) IS A MUNICIPAL OR CO UNTY GOVERNMENT , OR AN
405		-	ORGANIZATION AFFILIA TED WITH THE MUNICIP AL OR COUNTY GOVERNMENT ;
	379	+	(2) is exempted under § 7–207.1 of this subtitle from the requirement to 29
	380	+	obtain a certificate of public convenience and necessity. 30
	381	+	HOUSE BILL 1188 9
406	382
407		-	(IV) IS A UNIT OF STATE GOVERNMENT ; OR
408	383
409		-	(V) IS A PUBLIC SENIOR H IGHER EDUCATION INST ITUTION, AS
410		-	DEFINED IN § 10–101 OF THE EDUCATION ARTICLE.
	384	+	[(b)] (C) (1) A person shall file an application for approval to construct a 1
	385	+	generating station under § 7–207.1 of this subtitle at least 6 months before construction 2
	386	+	commences. 3
411	387
412		-	(C) AN ELECTRIC COMPANY S HALL REQUIRE AN ELIG IBLE
413		-	CUSTOMER–GENERATOR THAT REQUE STS METER AGG REGATION UNDER THIS
414		-	SECTION TO PROVIDE W RITTEN ALLOCATION IN STRUCTIONS DESCRIBIN G HOW TO
415		-	DISTRIBUTE THE ELIGI BLE CUSTOMER –GENERATOR ’S EXCESS GENERATION
416		-	CREDITS TO EACH ACCO UNT BEFORE THE COMME NCEMENT OF ANY METER
417		-	AGGREGATION .
	388	+	(2) The Commission shall require a person who files an application for 4
	389	+	approval to construct a generating station to pay a deposit of 1% of total installed costs. 5
418	390
419		-	~~SECTION 2.~~ ~~AND BE IT FURTHE R ENACTED, That it is~~ the ~~intent of the General~~
420		-	~~Assembly that~~ this ~~Act apply only to solar energy generating facilities and eligible Ch~~. ~~460 2023 LAWS OF MARYLAND~~
	391	+	[(c)] (D) (1) The Commission shall place any deposits collected under 6
	392	+	subsection [(b)] (C) of this section into an escrow account. 7
421	393
422		-	~~– 10 –~~
423		-	~~customer–generators~~ authorized by an ~~electric company to engage in net energy metering~~
424		-	~~under § 7–306 of~~ the ~~Public Utilities Article and COMAR 20.50.10.07~~.
	394	+	(2) If a person demonstrates to the Commission that the person is fully 8
	395	+	authorized to commence construction within 18 months after filing an application for 9
	396	+	approval, the Commission shall refund the deposit, less reasonable administrative costs. 10
425	397
426		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
427		-	October 1, 2023.
	398	+	(3) (i) Subject to subparagraph (ii) of this paragraph, if a person does 11
	399	+	not commence construction within 18 months after filing an application for approval, the 12
	400	+	money held in the escrow account shall be: 13
428	401
429		-	Approved by the Governor, May 8, 2023.
	402	+	1. deemed to be abandoned; and 14
	403	+
	404	+	2. transferred to the Maryland Strategic Energy Investment 15
	405	+	Fund under § 9–20B–05 of the State Government Article, less reasonable administrative 16
	406	+	costs. 17
	407	+
	408	+	(ii) 1. A person may request an extension for a project that does 18
	409	+	not commence construction within 18 months after the filing of an application for approval. 19
	410	+
	411	+	2. The Commission may grant the request based on factors 20
	412	+	the Commission considers compelling, including the occurrence of events outside the 21
	413	+	person’s control. 22
	414	+
	415	+	7–306.3. 23
	416	+
	417	+	(A) IN THIS SECTION , “ELIGIBLE CUSTOMER –GENERATOR ” HAS THE 24
	418	+	MEANING STATED IN § 7–306 OF THIS SUBTITLE. 25
	419	+
	420	+	(B) AN ELECTRIC COMPANY S HALL PROVIDE METER A GGREGATION FOR AN 26
	421	+	ELIGIBLE CUSTOMER–GENERATOR THAT : 27
	422	+
	423	+	(1) SUBMITS A REQUEST , IN WRITING, TO THE ELECTRIC COMP ANY 28
	424	+	FOR THE PROVISION OF METER AGGREGATION ; AND 29
	425	+
	426	+	(2) (I) USES ELECTRICAL SERV ICE FOR AGRICULTURE ; 30
	427	+
	428	+	(II) IS A NONPROFIT ORGAN IZATION; 31
	429	+	10 HOUSE BILL 1188
	430	+
	431	+
	432	+	(III) IS A MUNICIPAL OR CO UNTY GOVERNMENT , OR AN 1
	433	+	ORGANIZATION AFFILIA TED WITH THE MUNICIP AL OR COUNTY GOVERNM ENT; 2
	434	+
	435	+	(IV) IS A UNIT OF STATE GOVERNMENT ; OR 3
	436	+
	437	+	(V) IS A PUBLIC SENIOR H IGHER EDUCATION INST ITUTION, AS 4
	438	+	DEFINED IN § 10–101 OF THE EDUCATION ARTICLE. 5
	439	+
	440	+	(C) AN ELECTRIC COMPAN Y SHALL REQUIRE AN E LIGIBLE 6
	441	+	CUSTOMER–GENERATOR THAT REQUE STS METER AGGREGATIO N UNDER THIS 7
	442	+	SECTION TO PROVIDE W RITTEN ALLOCATION IN STRUCTIONS DESCRIBIN G HOW TO 8
	443	+	DISTRIBUTE THE ELIGI BLE CUSTOMER –GENERATOR ’S EXCESS GENERATION 9
	444	+	CREDITS TO EACH ACCO UNT BEFORE TH E COMMENCEMENT OF AN Y METER 10
	445	+	AGGREGATION . 11
	446	+
	447	+	SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 12
	448	+	Assembly that this Act apply only to solar energy generating facilities and eligible 13
	449	+	customer–generators authorized by an electric company to engage in net energy metering 14
	450	+	under § 7–306 of the Public Utilities Article and COMAR 20.50.10.07. 15
	451	+
	452	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
	453	+	October 1, 2023. 17
	454	+
	455	+
	456	+
	457	+
	458	+	Approved:
	459	+	________________________________________________________________________________
	460	+	Governor.
	461	+	________________________________________________________________________________
	462	+	Speaker of the House of Delegates.
	463	+	________________________________________________________________________________
	464	+	President of the Senate.