EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0908*
HOUSE BILL 908
C5, M5 3lr0688
CF SB 613
By: Delegates Clippinger, Amprey, Boafo, Charkoudian, Cullison, Ebersole,
Feldmark, Fennell, Foley, Fraser –Hidalgo, Kaufman, Kerr, R. Lewis,
J. Long, Lopez, Pasteur, Qi, Queen, Ruth, Shetty, Smith, Stewart, Terrasa,
Valderrama, Vogel, Watson, and Woods
Introduced and read first time: February 9, 2023
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Electricity – Community Solar Energy Generating Systems Program 2
FOR the purpose of making permanent the Community Solar Energy Generating Systems 3
Pilot Program; requiring a community solar energy generating system under the 4
Program to serve a certain percentage of its kilowatt–hour output to low–income and 5
moderate–income subscribers under certain circumstances; authorizing a 6
subscription coordinator to act on behalf of a subscriber organization; altering 7
requirements related to the siting and size of certain community solar energy 8
generating systems projects; authorizing the use of consolidated billing for certain 9
subscription charges; requiring an electric company to provide certain data to a 10
subscriber organization or subscription coordinator; authorizing an electric company 11
to charge a certain fee for the use of consolidated billing; requiring a person 12
constructing or operating a community solar energy generating system to address 13
critical area, climate resilience, and forest conservation concerns in a certain 14
manner; requiring the Public Service Commission to establish a stakeholder 15
workgroup related to the development of certain regulations; requiring the 16
Commission to adopt certain regulations making the pilot program permanent, 17
allowing for the use of consolidated billing, and implementing the provisions of this 18
Act; requiring the Commission to consider and implement certain methodologies to 19
allow tenants of master–metered residential facilities to participate in the Program; 20
repealing provisions related to maintenance of subscriptions if a subscriber has a 21
change of address; creating a full–time position within the Commission for a certain 22
purpose; and generally relating to the Community Solar Energy Generating Systems 23
Program. 24
BY repealing and reenacting, with amendments, 25
Article – Public Utilities 26
Section 7–306.2 27 2 HOUSE BILL 908
Annotated Code of Maryland 1
(2020 Replacement Volume and 2022 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Public Utilities 5
7–306.2. 6
(a) (1) In this section the following words have the meanings indicated. 7
(2) “AGRIVOLTAICS” MEANS THE SIMULTANEO US USE OF AREAS OF 8
LAND FOR BOTH SOLAR POWER GENERATION AND AGRICULTURE . 9
(3) “Baseline annual usage” means: 10
(i) a subscriber’s accumulated electricity use in kilowatt–hours for 11
the 12 months before the subscriber’s most recent subscription; or 12
(ii) for a subscriber that does not have a record of 12 months of 13
electricity use at the time of the subscriber’s most recent subscription, an estimate of the 14
subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 15
manner the Commission approves. 16
[(3)] (4) “Community solar energy generating system” means a solar 17
energy system that: 18
(i) is connected to the electric distribution grid serving the State; 19
(ii) is located in the same electric service territory as its subscribers; 20
(iii) is attached to the electric meter of a subscriber or is a separate 21
facility with its own electric meter; 22
(iv) credits its generated electricity, or the value of its generated 23
electricity, to the bills of the subscribers to that system through virtual net energy 24
metering; 25
(v) has at least two subscribers but no limit to the maximum number 26
of subscribers; 27
(vi) does not have subscriptions larger than 200 kilowatts 28
constituting more than 60% of its [subscriptions] KILOWATT–HOUR OUTPUT ; 29
HOUSE BILL 908 3
(vii) has a generating capacity that does not exceed 5 megawatts as 1
measured by the alternating current rating of the system’s inverter; [and] 2
(viii) may be owned by any person; AND 3
(IX) WITH RESPECT TO THE PROGRAM, SERVES AT LEAST 40% 4
OF ITS KILOWATT–HOUR OUTPUT TO LMI SUBSCRIBERS UNLESS THE SOLAR 5
ENERGY SYSTEM IS WHO LLY OWNED BY THE SUB SCRIBERS TO THE SOLA R ENERGY 6
SYSTEM. 7
(5) “CONSOLIDATED BILLING ” MEANS A PAYMENT MECH ANISM THAT 8
REQUIRES AN ELECTRIC COMPANY TO, AT THE REQUEST OF A SUBSCRIBER 9
ORGANIZATION OR SUBS CRIPTION COORDINATOR : 10
(I) INCLUDE THE MONTHLY SUBSCRIPTION CHARGE OF A 11
SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR ON THE M ONTHLY 12
BILLS RENDERED BY TH E ELECTRIC COMPANY F OR ELECTRIC SERVICE AND SUPPLY 13
TO SUBSCRIBERS ; AND 14
(II) REMIT PAYMENT RECEIV ED FOR THOSE CHA RGES TO THE 15
SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR . 16
(6) “CRITICAL AREA” HAS THE MEANING STAT ED IN § 8–1802 OF THE 17
NATURAL RESOURCES ARTICLE. 18
(7) “LMI SUBSCRIBER” MEANS A SUBSCRIBER T HAT: 19
(I) IS LOW–INCOME; 20
(II) IS MODERATE–INCOME; OR 21
(III) RESIDES IN A CENSUS TRACT THAT IS AN: 22
1. OVERBURDENED COMMUNI TY; AND 23
2. UNDERSERVED COMMUNIT Y. 24
(8) “LOW–INCOME” MEANS: 25
(I) HAVING AN ANNUAL HOUSEHOLD INC OME THAT IS AT OR 26
BELOW 200% OF THE FEDERAL POVER TY LEVEL; OR 27
4 HOUSE BILL 908
(II) BEING CERTIFIED AS ELIGIBL E FOR ANY FEDERAL , STATE, 1
OR LOCAL ASSISTANCE PROGRAM THAT LIMITS PARTICIPATION TO HOU SEHOLDS 2
WHOSE INCOME IS AT O R BELOW 200% OF THE FEDERAL POVER TY LEVEL. 3
(9) “MODERATE–INCOME” MEANS HAVING AN ANNUAL HOUSEHOLD 4
INCOME THAT IS AT OR BELOW 80% OF THE MEDIAN INCOME FOR MARYLAND. 5
(10) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STAT ED IN § 6
1–701 OF THE ENVIRONMENT ARTICLE. 7
(11) “PILOT PROGRAM ” MEANS THE PROGRAM ESTABLISHED UNDER 8
THIS SECTION BEFORE OCTOBER 1, 2023. 9
[(4)] (12) “Program” means the Community Solar Energy Generating 10
Systems [Pilot] Program. 11
(13) “QUEUE” MEANS: 12
(I) THE PILOT PROGRAM QU EUE AN ELECTRIC COMP ANY IS 13
REQUIRED TO MAINTAIN UNDER COMAR 20.62.03.04; AND 14
(II) A QUEUE AN ELECTRIC CO MPANY MAY BE REQUIRE D TO 15
MAINTAIN UNDER THE PROGRAM. 16
[(5)] (14) “Subscriber” means a retail customer of an electric company that: 17
(i) holds a subscription to a community solar energy generating 18
system; and 19
(ii) has identified one or more individual meters or accounts to which 20
the subscription shall be attributed. 21
[(6)] (15) “Subscriber organization” means: 22
(i) a person that owns or operates a community solar energy 23
generating system; or 24
(ii) the collective group of subscribers of a community solar energy 25
generating system. 26
[(7)] (16) “Subscription” means the portion of the electricity generated by 27
a community solar energy generating system that is credited to a subscriber. 28
(17) “SUBSCRIPTION COORDINA TOR” MEANS A PERSON THAT : 29
HOUSE BILL 908 5
(I) MARKETS COMMUNITY SO LAR ENERGY GENERATIN G 1
SYSTEMS OR OTHERWISE PROVIDES SERVICES RE LATED TO COMMUNITY S OLAR 2
ENERGY GENERATING SY STEMS UNDER ITS OWN BRAND NAME ; 3
(II) PERFORMS ANY ADMINIS TRATIVE ACTION TO ALLOCATE 4
SUBSCRIPTIONS , CONNECT SUBSCRIBERS WITH COMMUNITY SOLAR ENERGY 5
GENERATING SYSTEMS , OR ENROLL CUSTOMERS IN THE PROGRAM; OR 6
(III) MANAGES INTERACTIONS BETWEEN A SUBSCRIBER 7
ORGANIZATION AND AN ELECTRIC COMPANY OR ELECTRICITY SUPPL IER RELATING 8
TO SUBSCRIBERS . 9
(18) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 10
1–701 OF THE ENVIRONMENT ARTICLE. 11
[(8)] (19) “Unsubscribed energy” means any community solar energy 12
generating system output in kilowatt–hours that is not allocated to any subscriber. 13
[(9)] (20) “Virtual net energy metering” means measurement of the 14
difference between the kilowatt–hours or value of electricity that is supplied by an electric 15
company and the kilowatt–hours or value of electricity attributable to a subscription to a 16
community solar energy generating system and fed back to the electric grid over the 17
subscriber’s billing period, as calculated under the tariffs established under [subsection] 18
SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section. 19
(b) The General Assembly finds that: 20
(1) community solar energy generating systems: 21
(i) provide residents and businesses, including those that lease 22
property, increased access to local solar electricity while encouraging private investment in 23
solar resources; 24
(ii) enhance continued diversification of the State’s energy resource 25
mix to achieve the State’s renewable energy portfolio standard and Greenhouse Gas 26
Emissions Reduction Act goals; and 27
(iii) provide electric companies and ratepayers the opportunity to 28
realize the many benefits associated with distributed energy; and 29
(2) it is in the public interest that the State enable the development and 30
deployment of energy generation from community solar energy generating systems in order 31
to: 32
6 HOUSE BILL 908
(i) allow renters and low–income and moderate–income retail 1
electric customers to own an interest in a community solar energy generating system; 2
(ii) facilitate market entry for all potential subscribers while giving 3
priority to subscribers who are the most sensitive to market barriers; and 4
(iii) encourage developers to promote participation by renters and 5
low–income and moderate–income retail electric customers. 6
(c) A community solar energy generating system, [including a] subscriber [or], 7
subscriber organization [associated with the community solar energy generating system], 8
OR SUBSCRIPTION COORDINATOR is not: 9
(1) an electric company; 10
(2) an electricity supplier; or 11
(3) a generating station if the generating capacity of the community solar 12
energy generating system does not exceed 2 megawatts. 13
(d) (1) (i) The Commission shall establish [a pilot program for] AND 14
MAINTAIN a Community Solar Energy Generating [System] SYSTEMS Program. 15
(ii) The structure of the [pilot program] PROGRAM is as provided in 16
this subsection. 17
(2) All rate classes may participate in the [pilot program] PROGRAM. 18
(3) Subscribers served by electric standard offer service, community choice 19
aggregators, and electricity suppliers may hold subscriptions to the same community solar 20
energy generating system. 21
(4) A subscriber organization OR SUBSCRIPTION COOR DINATOR 22
ACTING ON BEHALF OF A SUBSCRIBER ORGANIZ ATION shall: 23
(i) determine how to allocate subscriptions to subscribers; and 24
(ii) notify an electric company and, if applicable, a relevant 25
electricity supplier about THE ALLOCATION OF SU BSCRIPTIONS IN ACCOR DANCE WITH 26
the regulations the Commission adopts under subsection (e) of this section. 27
(5) An electric company shall use the tariff structure under [subsection] 28
SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section to provide each subscriber with the 29
credits. 30
HOUSE BILL 908 7
(6) A subscriber may not receive credit for virtual net excess generation 1
that exceeds 200% of the subscriber’s baseline annual usage. 2
(7) Any unsubscribed energy generated by a community solar energy 3
generating system that is not owned by an electric company shall be purchased under the 4
electric company’s process for purchasing the output from qualifying facilities at the 5
amount it would have cost the electric company to procure the energy. 6
(8) An electric company shall use energy generated from a community solar 7
energy generating system to offset purchases from wholesale electricity suppliers for 8
standard offer service. 9
(9) All costs associated with small generator interconnection standards 10
under COMAR 20.50.09 are the responsibility of the subscriber organization. 11
(10) A subscriber organization may petition an electric company to 12
coordinate the interconnection and commencement of operations of a community solar 13
energy generating system after the Commission adopts regulations required under 14
subsection (e) of this section. 15
(11) A subscriber organization may contract with a third party for the third 16
party to finance, build, own, or operate a community solar energy generating system. 17
(12) A municipal utility or cooperative utility may participate in the [pilot 18
program] PROGRAM. 19
(13) (I) [Equipment for] EXCEPT AS PROVIDED IN SUBPARAGRAPH 20
(II) OF THIS PARAG RAPH, a community solar energy generating system may not be [built] 21
LOCATED on [contiguous parcels of land unless the equipment is installed only on building 22
rooftops] THE SAME OR AN ADJAC ENT PARCEL OF LAND AS AN EXISTING OR 23
PROPOSED COMMUNITY S OLAR ENERGY GENERATI NG SYSTEM IF THE TOT AL 24
INSTALLED CAPACITY O F ALL GENERATING SYSTEMS ON THE SAME OR ADJACENT 25
PARCEL WOULD EXCEED 5 MEGAWATTS . 26
(II) THE PROHIBITION UNDER SUBPARAGRAPH (I) OF THIS 27
PARAGRAPH DOES N OT APPLY TO PROJECTS CONSTRUCTED : 28
1. ON THE ROOFTOPS OF B UILDINGS; 29
2. IN AREAS THAT ARE ZO NED FOR INDUSTRIAL U SE; 30
3. ON BROWNFIELD S LOCATIONS AND CLEAN FILL SITES; 31
4. OVER PARKING LOTS OR ROADWAYS; 32
8 HOUSE BILL 908
5. ON MULTILEVEL PARKIN G STRUCTURES ; 1
6. ON OR OVER TRANSPORTATION OR PUBLIC 2
RIGHTS–OF–WAY; 3
7. AT AIRPORTS; 4
8. ON LAND THAT: 5
A. WAS PREVIOUSLY ZONED FOR INDUSTRIAL USE O R IS 6
ECOLOGICALLY COMPROM ISED; AND 7
B. IS NOT TARGETED FOR MITIGATION OR 8
RESTORATION ; OR 9
9. IN ANY LOCATION IF: 10
A. THE COMBINED CAPACIT Y OF ALL GENERATING 11
SYSTEMS ON THE SAME OR ADJACENT PARCEL DOES NOT EXCEED 10 MEGAWATTS ; 12
AND 13
B. AT LEAST 75% OF THE AGGREGATE CAP ACITY OF THE 14
CO–LOCATED COMMUNITY SOLAR ENERGY GENERAT ING SYSTEMS SERVES LMI 15
SUBSCRIBERS OR IS USED FOR AGRIVOLTAICS . 16
(14) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 17
MAY ELECT FOR A SUBS CRIBER TO PARTICIPAT E IN CONSOLIDATED BI LLING. 18
(15) AN ELECTRIC COMPANY S HALL PROVIDE ACCESS TO CUSTOMER 19
BILLING AND USAGE DA TA TO A SUBSCRIBER O RGANIZATION OR SUBSC RIPTION 20
COORDINATOR IF THE C USTOMER PROVIDES TO THE ELECTRIC COMP ANY 21
AFFIRMATIVE CONSENT THAT IS ACCOMPANIED BY A WRITTEN OR ELECTRONI C 22
SIGNATURE. 23
(16) AN ELECTRIC COMPANY M AY REQUIRE A FEE FOR SUBSCRIBER 24
ORGANIZATIONS OR SUBSCRIPTION COOR DINATORS THAT USE CONSOLIDATED 25
BILLING IF THE FEE DOES NOT EXC EED 1% OF THE CREDIT VALUE TO THE 26
SUBSCRIBER. 27
(17) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 28
MAY NOT PROHIBIT A SUBSCRIBER FROM ENRO LLING WITH AN ELECTRICITY 29
SUPPLIER FOR ELECTRIC SERVICE OR SUPPLY. 30
HOUSE BILL 908 9
(18) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM ON AN 1
ELECTRIC COMPANY QUE UE UNDER THE PILOT PROG RAM ON SEPTEMBER 30, 2023, 2
SHALL RETAIN THE QUE UE POSITION UNDER TH E PROGRAM. 3
(19) IN CONSTRUCTING OR OPERATING A COMMUNITY SOLAR ENER GY 4
GENERATING SYSTEM , A PERSON SHALL ADDRESS CRITICAL AREA , CLIMATE 5
RESILIENCE, AND FOREST CON SERVATION CONCERNS BY COMPLYING WITH TH E 6
FOREST CONSERVATION ACT AND OTHER RELEVAN T STATE AND LOCAL 7
ENVIRONMENTAL LAWS A ND REGULATIONS PERTA INING TO THE CRITICA L AREA, 8
CLIMATE RESILIENCE , AND FOREST CONSERVAT ION. 9
[(14)] (20) The [pilot program] PROGRAM shall[: 10
(i)] begin on the earlier of: 11
[1.] (I) the date of submission of the first petition of a 12
subscriber organization under paragraph (10) of this subsection after the Commission 13
adopts the regulations required under subsection [(e)] (F) of this section; or 14
[2.] (II) 6 months after the Commission adopts those 15
regulations[; and 16
(ii) end 7 years after the beginning date, but not sooner than 17
December 31, 2024. 18
(15) The Commission shall limit the pilot program in such a way that the 19
Commission may conduct a meaningful study of the pilot program and its results, including: 20
(i) the appropriate number of community solar energy generating 21
systems to be included in the pilot program; 22
(ii) the appropriate amount of generating capacity of the community 23
solar energy generating systems to be included in the pilot program and the annual capacity 24
limits for each program category, each of which should increase throughout the duration of 25
the pilot program; and 26
(iii) a variety of appropriate geographical areas in the State for 27
locating community solar energy generating systems to be included in the pilot program]. 28
(e) On or before May 15, 2016, the Commission shall adopt regulations to 29
implement this section, including regulations for: 30
(1) consumer protection; 31
(2) a tariff structure for an electric company to provide a subscriber with 32
the kilowatt–hours or value of the subscriber’s subscription, as the Commission determines; 33 10 HOUSE BILL 908
(3) a calculation for virtual net energy metering as the Commission 1
determines; 2
(4) a protocol for electric companies, electricity suppliers, and subscriber 3
organizations to communicate the information necessary to calculate and provide the 4
monthly electric bill credits and yearly net excess generation payments required by this 5
section; and 6
(5) a protocol for a subscriber organization to coordinate with an electric 7
company for the interconnection and commencement of operations of a community solar 8
energy generating system. 9
(F) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , TO IMPLEMENT 10
THE PROGRAM, THE COMMISSION SHALL , ON OR BEFORE OCTOBER 1, 2024, ADOPT 11
REVISIONS TO THE REGULATIONS ADOPTED UNDER SUBSECTION (E) OF THIS 12
SECTION FOR THE PILOT PROGRA M, INCLUDING REVISIONS THAT: 13
(I) REMOVE ALL PROGRAM CATEGORIES , PROJECT 14
GENERATING CAPACITY LIMITS, YEARLY PROGRAMMATIC AND ELECTRIC 15
COMPANY–SPECIFIC CAPACITY LI MITS, AND SUNSET DATES SO THAT THE TOTAL 16
NUMBER AND CAPACITY OF COMMUNITY SOLAR E NERGY GENERATING SYS TEMS IS 17
SUBJECT ONLY TO THE OVERALL LIMITATION F OR ALL NET METERING PROJECTS 18
ESTABLISHED UNDER § 7–306(D) OF THIS SUBTITLE; 19
(II) AUTHORIZE ALL COMMUN ITY SOLAR ENERGY GEN ERATING 20
SYSTEMS, INCLUDING THOSE CONS TRUCTED DURING THE P ILOT PROGRAM , TO 21
OPERATE AND GENERATE SUBSCRIPTION CREDITS UNTIL THE COMMUNITY SOLAR 22
ENERGY GENERATING SY STEM IS DECOMMISSION ED; 23
(III) ADJUST CO–LOCATION R ESTRICTIONS TO COMPL Y WITH 24
SUBSECTION (D)(13) OF THIS SECTION; 25
(IV) ALLOW A CUSTOMER TO VERIFY, WHEN SUBSCRIBING TO A 26
COMMUNITY SOLAR ENERGY GENERATING SY STEM, INCOME FOR ELIGIBILI TY AS AN 27
LMI SUBSCRIBER UNDER THE PROGRAM BY USING ONE OF THE FOLLOWING 28
METHODS: 29
1. SELF–ATTESTATION THAT DOES NOT NEED TO BE 30
UNDER OATH OR PENALT Y OF PERJURY; 31
2. PROVIDING EVIDENCE OF ELIGIBIL ITY FOR OR 32
ENROLLMENT IN AT LEAST ONE OF THE FOLLOWING GOVERNMENT ASSISTANCE 33
PROGRAMS: 34 HOUSE BILL 908 11
A. THE MARYLAND ENERGY ASSISTANCE PROGRAM; 1
B. THE SUPPLEMENTAL NUTRITION ASSISTANCE 2
PROGRAM; 3
C. MEDICAID; 4
D. HEAD START; 5
E. FREE AND REDUCED PRICE SCHOOL MEALS; 6
F. THE FEDERAL LOW INCOME HOME ENERGY 7
ASSISTANCE PROGRAM; 8
G. EMPOWER MARYLAND LOW – OR 9
MODERATE–INCOME INCENTIVES ; 10
H. TELEPHONE L IFELINE SERVICE; 11
I. THE FUEL FUND OF MARYLAND; OR 12
J. ANY ADDITIONAL FEDERAL, STATE, OR LOCAL 13
ASSISTANCE PROGRAM T HAT THE COMMISSION DETERMINES WILL FURTHER THE 14
PURPOSES OF THE PROGRAM; 15
3. PAY STUBS; 16
4. INCOME TAX DOCUMENTS ; 17
5. PROOF OF RESIDENC E IN AN AFFORDABLE HOU SING 18
FACILITY; 19
6. PROOF OF RESIDENC E WITHIN A CENSUS TRAC T THAT 20
IS: 21
A. AN OVERBURDENED COMMUNI TY; AND 22
B. AN UNDERSERVED COMMUNIT Y; 23
7. ANY VERIFICATION METHOD THAT WAS AVAI LABLE 24
UNDER THE PILOT PROG RAM; OR 25
12 HOUSE BILL 908
8. ANY ADDITIONAL METHO DS APPROVED BY THE 1
COMMISSION TO VERIFY INCOME ; 2
(V) REQUIRE ALL ELECTRIC COMPANIES TO USE MON ETARY 3
CREDITS THAT PROVIDE NOT LESS THAN THE VALUE TO THE SUBSCRIBER OF THE 4
CREDIT HAD IT BEEN A PPLIED TO THE SUBSCR IBER’S BILL AS A REDUCTIO N IN 5
METERED KILOWATT –HOURS; AND 6
(VI) ESTABLISH PROCEDURES FOR THE COMMISSION TO : 7
1. COLLECT DATA FROM SU BSCRIBER ORGANIZATIO NS, 8
WHEN APPLYING TO THE COMMISSION FOR ADMISS ION TO THE PROGRAM, ON: 9
A. THE TYPE AND QUANTITY OF FOREST COVER ON THE 10
SITE OF A PROPOSED COMMUNITY SOLAR ENER GY GENERATING SYSTEM ; AND 11
B. ANY ANTICIPATED IMPA CTS THAT THE 12
CONSTRUCTION OF THE PROPOSED COMMUNITY S OLAR ENERGY GENERATI NG 13
SYSTEM WILL HAVE ON TREES AND FOREST COVER AT THE SITE OF THE PROPOSED 14
COMMUNITY SOLAR ENER GY GENERATING SYSTEM ; AND 15
2. MAKE THE DATA COLLEC TED UNDER ITEM 1 OF THIS 16
ITEM AVAILABLE TO THE PUBLIC IN A F ORMAT AGGREGATED BY COUNTY. 17
(2) ON OR BEFORE OCTOBER 1, 2024, THE COMMISSION SHALL 18
APPROVE ELECTRIC COM PANY TARIFF MODIFICA TIONS THAT ARE CONSI STENT 19
WITH THE REGULATIONS ADOPTED UNDER THIS S UBSECTION. 20
(G) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , ON OR BEFORE 21
APRIL 1, 2025, THE COMMISSION SHALL ADOP T REGULATIONS THAT : 22
(I) IMPLEMENT CONSOLIDAT ED BILLING BY ELECTRIC 23
COMPANIES, INCLUDING PURCHASE O F RECEIVABLES PROTOC OLS; 24
(II) REQUIRE ALL ELECTRIC COMPANIES TO REPORT BILLING 25
AND CREDITING ERRORS TO THE COMMISSION ON A REGULAR SCHEDULE ; 26
(III) IMPOSE SPECIFIC TIMI NG REQUIREMENTS FOR 27
APPLICATION OF BILL CREDITS TO SUBSCRIBE R BILLS AND APPLICAT ION OF 28
ROLLOVER CREDITS ; 29
(IV) IMPLEMENT DATA EXCHA NGE PROTOCOLS FOR EL ECTRIC 30
COMPANIES, SUBSCRIBER ORGANIZAT IONS, AND SUBSCR IPTION COORDINATORS , 31 HOUSE BILL 908 13
INCLUDING REQUIRED D ATA FIELDS FOR ELECT RIC COMPANY ALLOCATI ON 1
REPORTS; 2
(V) FOR SUBSCRIBERS ENRO LLED IN BUDGET BILLI NG, 3
REQUIRE ELECTRIC COM PANIES TO APPLY COMM UNITY SOLAR CREDITS TO THE 4
MONTHLY AMOUNT DUE R ATHER THAN THE UNDER LYING BALANCE; 5
(VI) REQUIRE ALL ELECTRIC COMPANIES TO SHOW AP PLIED AND 6
BANKED CREDITS ON EA CH BILL RENDERED TO A SUBSCRIBER; AND 7
(VII) IMPLEMENT ANY ADDITI ONAL CHANGES THE COMMISSION 8
DETERMINES WILL IMPR OVE BILLING AND CRED ITING PROCESSES FOR 9
SUBSCRIBERS, SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS. 10
(2) ON OR BEFORE APRIL 1, 2025, THE COMMISSION SHALL APPR OVE 11
ELECTRIC COMPANY TAR IFF MODIFICATIONS TH AT ARE CONSISTENT WI TH THE 12
REGULATIONS ADOPTED UNDER THIS SUBSECTIO N. 13
(H) THE COMMISSION SHALL CONVENE A STAKEHOLDE R WORKGROUP TO 14
PROVIDE RECOMMENDATI ONS REGARDING THE RE GULATIONS TO BE ADOP TED BY 15
THE COMMISSION UNDER SUBS ECTIONS (F) AND (G) OF THIS SECTION. 16
(I) THE COMMISSION SHALL CONS IDER AND IMPLEMENT M ETHODOLOGIES 17
TO ALLOW THE TENANTS OF MA STER–METERED RESIDENTIAL FACILITIES TO 18
PARTICIPATE IN THE PROGRAM AND BENEFIT D IRECTLY FROM ANY ASSOCIATED 19
ELECTRIC BILL SAVING S. 20
[(f)] (J) (1) Subject to regulations or orders of the Commission, a contract 21
relating to a community solar energy generating system [or], subscriber organization, OR 22
SUBSCRIPTION COORDIN ATOR that is entered into during the pilot program OR THE 23
PROGRAM shall remain in effect according to the terms of the contract, including after the 24
termination of the pilot program OR THE PROGRAM. 25
(2) [(i) This paragraph applies to electric companies, electric 26
cooperatives, and municipal utilities that participate in the Program. 27
(ii) A subscriber who has a change in the service address associated 28
with the subscriber’s subscription may maintain the subscription for the new address if the 29
new address is within the same electric territory as the old address. 30
(iii) An electric company or a subscriber organization may not 31
terminate a subscriber’s subscription due to a change of address for the service address 32
associated with the subscription if the requirements under subparagraph (ii) of this 33
paragraph are met. 34 14 HOUSE BILL 908
(iv) An electric company shall make any changes necessary to 1
accommodate a subscriber’s change of address on notification by a subscriber organization. 2
(g) After termination of the pilot program,] ON AND AFTER OCTOBER 1, 2023, 3
in accordance with the operational and billing requirements in subsection (d) of this section: 4
[(1)] (I) a subscriber organization may continue the operation of a 5
community solar energy generating system that began operation during the pilot program, 6
including the creation and trading of subscriptions; and 7
[(2)] (II) in accordance with the tariffs established under [subsection] 8
SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section, an electric company shall continue 9
to facilitate the operation of a community solar energy generating system that began 10
operation during the pilot program. 11
[(h)] (K) The cumulative installed nameplate capacity under the pilot program 12
AND THE PROGRAM shall count toward the overall limitation for all net metering projects 13
established under § 7–306(d) of this subtitle. 14
(L) (1) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 15
MAY NOT REQUIRE AN LMI SUBSCRIBER TO UNDERG O A CREDIT CHECK OR PAY A 16
SIGN–UP FEE TO SUBSCRIBE TO A COMMUNITY SOLAR ENERGY GENERATING 17
SYSTEM. 18
(2) A SUBSCRIBER WHO A SUBSCRIBER ORGANIZ ATION DETERMINED 19
WAS ELIGIBLE TO PARTICIPATE AS A LOW–INCOME OR MODERATE –INCOME 20
SUBSCRIBER UNDER THE PILOT PROGRAM SHALL REMAIN ELIGIBLE AS A N LMI 21
SUBSCRIBER UNDER THE PROGRAM. 22
(3) (I) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM 23
CONSTRUCTED UNDER THE PI LOT PROGRAM IN A CAT EGORY REQUIRING THAT AT 24
LEAST 30% OF ITS KILOWATT–HOUR OUTPUT SERVE LOW –INCOME OR 25
MODERATE–INCOME SUBSCRIBERS S HALL CONTINUE TO SER VE AT LEAST 30% OF 26
ITS KILOWATT–HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME 27
SUBSCRIBERS . 28
(II) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM 29
CONSTRUCTED UNDER TH E PILOT PROGRAM IN A CATEGORY REQUIRING T HAT AT 30
LEAST 51% OF ITS KILOWATT–HOUR OUTPUT SERVE LOW –INCOME OR 31
MODERATE–INCOME SUBSCRIBERS S HALL CONTINUE TO SER VE AT LEAST 51% OF 32
ITS KILOWATT–HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME 33
SUBSCRIBERS . 34
HOUSE BILL 908 15
SECTION 2. AND BE IT FURTHER ENACTED, That a Position Identification 1
Number shall be created in the Public Service Commission for a full–time position that will 2
focus only on implementing and administering the Community Solar Energy Generating 3
Systems Program under § 7–306.2 of the Public Utilities Article, as enacted under Section 4
1 of this Act. 5
SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding any other 6
law, all regulations adopted under § 7–306.2(e) of the Public Utilities Article for the 7
operation of the Community Solar Energy Generating Systems Pilot Program before the 8
effective date of this Act shall continue in effect until amended or repealed. 9
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2023. 11