Maryland 2023 Regular Session

Maryland House Bill HB908 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 652
2	1
3		-	– 1 –
4		-	Chapter 652
5		-	(House Bill 908)
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	+	hb0908
8	10
9		-	Electricity – Community Solar Energy Generating Systems Program and
10		-	Property Taxes
	11	+	HOUSE BILL 908
	12	+	C5, M5 (3lr0688)
	13	+	ENROLLED BILL
	14	+	— Economic Matters/Education, Energy, and the Environment —
	15	+	Introduced by Delegates Clippinger, Amprey, Boafo, Charkoudian, Cullison,
	16	+	Ebersole, Feldmark, Fennell, Foley, Fraser –Hidalgo, Kaufman, Kerr,
	17	+	R. Lewis, J. Long, Lopez, Pasteur, Qi, Queen, Ruth, Shetty, Smith, Stewart,
	18	+	Terrasa, Valderrama, Vogel, Watson, and Woods
11	19
12		-	FOR the purpose of making permanent the Community Solar Energy Generating Systems
13		-	Pilot Program; requiring a community solar energy generating system under the
14		-	Program to serve a certain percentage of its kilowatt–hour output to low–income and
15		-	moderate–income subscribers under certain circumstances; authorizing a
16		-	subscription coordinator to act on behalf of a subscriber organization; altering
17		-	requirements related to the siting and size of certain community solar energy
18		-	generating systems projects; authorizing the use of consolidated billing for certain
19		-	subscription charges; prohibiting a subscriber organization or subscription
20		-	coordinator from charging an LMI subscriber a certain subscription rate; requiring
21		-	an electric company to provide certain data to a subscriber organization or
22		-	subscription coordinator; authorizing an electric company to charge a certain fee for
23		-	the use of consolidated billing; requiring a person constructing or operating a
24		-	community solar energy generating system to address critical area, climate
25		-	resilience, and forest conservation concerns in a certain manner; requiring the Public
26		-	Service Commission to establish a stakeholder workgroup related to the
27		-	development of certain regulations; requiring the Commission to adopt certain
28		-	regulations making the pilot program permanent, allowing for the use of
29		-	consolidated billing, and implementing the provisions of this Act; requiring the
30		-	Commission to consider and implement certain methodologies to allow tenants of
31		-	master–metered residential facilities to participate in the Program; repealing
32		-	provisions related to maintenance of subscriptions if a subscriber has a change of
33		-	address; prohibiting certain subscription rates and charges from being set at more
34		-	than a certain amount; establishing certain prevailing wage or labor requirements
35		-	for developers of certain community solar energy generating system projects;
36		-	creating a full–time position within the Commission for a certain purpose; altering
37		-	the personal property tax exemption for certain community solar energy generating
38		-	systems; and generally relating to the Community Solar Energy Generating Systems
39		-	Program community solar energy generating systems.
	20	+	Read and Examined by Proofreaders:
40	21
41		-	BY repealing and reenacting, with amendments,
42		-	Article – Public Utilities
43		-	Section 7–306.2
44		-	Annotated Code of Maryland
45		-	(2020 Replacement Volume and 2022 Supplement)
	22	+	_______________________________________________
	23	+	Proofreader.
	24	+	_______________________________________________
	25	+	Proofreader.
46	26
47		-	BY repealing and reenacting, with amendments,
48		-	Article – Tax – Property
49		-	Section 7–237 Ch. 652 2023 LAWS OF MARYLAND
	27	+	Sealed with the Great Seal and presented to the Governor, for his approval this
50	28
51		-	– 2 –
52		-	Annotated Code of Maryland
53		-	(2019 Replacement Volume and 2022 Supplement)
54		-	(As enacted by Chapters 38, 415, 658, and 659 of 2022)
	29	+	_______ day of _______________ at ______________________ __ o’clock, ________M.
55	30
56		-	~~SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,~~
57		-	~~That the Laws of Maryland read as follows:~~
	31	+	______________________________________________
	32	+	Speaker.
58	33
59		-	~~Article – Public Utilities~~
	34	+	CHAPTER ______
60	35
61		-	~~7–306.2.~~
	36	+	AN ACT concerning 1
62	37
63		-	(a) (1) In this section the following words have the meanings indicated.
	38	+	Electricity – Community Solar Energy Generating Systems Program and 2
	39	+	Property Taxes 3
64	40
65		-	(2) “AGRIVOLTAICS” MEANS THE SIMULTANEO US USE OF AREAS OF
66		-	LAND FOR BOTH SOLAR POWER GENERATION AND AGRICULTURE :
	41	+	FOR the purpose of making permanent the Community Solar Energy Generating Systems 4
	42	+	Pilot Program; requiring a community solar energy generating system under the 5
	43	+	Program to serve a certain percentage of its kilowatt–hour output to low–income and 6
	44	+	moderate–income subscribers under certain circumstances; authorizing a 7
	45	+	subscription coordinator to act on behalf of a subscriber organization; altering 8
	46	+	requirements related to the siting and size of certain community solar energy 9
	47	+	generating systems projects; authorizing the use of consolidated billing for certain 10
	48	+	subscription charges; prohibiting a subscriber organization or subscription 11
	49	+	coordinator from charging an LMI subscriber a certain subscription rate; requiring 12 2 HOUSE BILL 908
67	50
68		-	(I) RAISING GRAINS , FRUITS, HERBS, MELONS, MUSHROOMS ,
69		-	NUTS, SEEDS, TOBACCO, OR VEGETABLES ;
70	51
71		-	(II) RAISING POULTRY , INCLUDING CHICKENS A ND TURKEYS ,
72		-	FOR MEAT OR EGG PROD UCTION;
	52	+	an electric company to provide certain data to a subscriber organization or 1
	53	+	subscription coordinator; authorizing an electric company to charge a certain fee for 2
	54	+	the use of consolidated billing; requiring a person constructing or operating a 3
	55	+	community solar energy generating system to address critical area, climate 4
	56	+	resilience, and forest conservation concerns in a certain manner; requiring the Public 5
	57	+	Service Commission to establish a stakeholder workgroup related to the 6
	58	+	development of certain regulations; requiring the Commission to adopt certain 7
	59	+	regulations making the pilot program permanent, allowing for the use of 8
	60	+	consolidated billing, and implementing the provisions of this Act; requiring the 9
	61	+	Commission to consider and implement certain methodologies to allow tenants of 10
	62	+	master–metered residential facilities to participate in the Program; repealing 11
	63	+	provisions related to maintenance of subscriptions if a subscriber has a change of 12
	64	+	address; prohibiting certain subscription rates and charges from being set at more 13
	65	+	than a certain amount; establishing certain prevailing wage or labor requirements 14
	66	+	for developers of certain community solar energy generating system projects; 15
	67	+	creating a full–time position within the Commission for a certain purpose; altering 16
	68	+	the personal property tax exemption for certain community solar energy generating 17
	69	+	systems; and generally relating to the Community Solar Energy Generating Systems 18
	70	+	Program community solar energy generating systems. 19
73	71
74		-	(III) DAIRY PRODUCTION , SUCH AS THE RAISING OF MILKING
75		-	COWS;
	72	+	BY repealing and reenacting, with amendments, 20
	73	+	Article – Public Utilities 21
	74	+	Section 7–306.2 22
	75	+	Annotated Code of Maryland 23
	76	+	(2020 Replacement Volume and 2022 Supplement) 24
76	77
77		-	(IV) RAISING LIVESTOCK , INCLUDING CATTLE , SHEEP, GOATS,
78		-	OR PIGS;
	78	+	BY repealing and reenacting, with amendments, 25
	79	+	Article – Tax – Property 26
	80	+	Section 7–237 27
	81	+	Annotated Code of Maryland 28
	82	+	(2019 Replacement Volume and 2022 Supplement) 29
	83	+	(As enacted by Chapters 38, 415, 658, and 659 of 2022) 30
79	84
80		-	(V) HORSE BOARDING, BREEDING, OR TRAINING;
	85	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
	86	+	That the Laws of Maryland read as follows: 32
81	87
82		-	~~(VI) TURF FARMING ;~~
	88	+	Article – Public Utilities 33
83	89
84		-	(VII) RAISING ORNAMENTAL S HRUBS, PLANTS, OR FLOWERS ,
85		-	INCLUDING AQUATIC PL ANTS;
	90	+	7–306.2. 34
86	91
87		-	(~~VIII~~) ~~AQUACULTURE ;~~
	92	+	(a) (1) In this section the following words have the meanings indicated. 35
88	93
89		-	(IX) SILVICULTURE ; OR
	94	+	(2) “AGRIVOLTAICS” MEANS THE SIMULTANEO US USE OF AREAS OF 36
	95	+	LAND FOR BOTH SOLAR POWER GENERATION AND AGRICULTURE : 37
	96	+	HOUSE BILL 908 3
90	97
91		-	(X) ANY OTHER ACTIVITY R ECOGNIZED BY THE DEPARTMENT
92		-	OF AGRICULTURE AS AN AGR ICULTURAL ACTIVITY .
93	98
94		-	(3) ~~“Baseline annual usage”~~ ~~means:~~
95		-	~~WES MOORE~~, ~~Governor~~ ~~Ch. 652~~
	99	+	(I) RAISING GRAINS , FRUITS, HERBS, MELONS, MUSHROOMS , 1
	100	+	NUTS, SEEDS, TOBACCO, OR VEGETABLES ; 2
96	101
97		-	– 3 –
98		-	(i) a subscriber’s accumulated electricity use in kilowatt–hours for
99		-	the 12 months before the subscriber’s most recent subscription; or
	102	+	(II) RAISING POULTRY , INCLUDING CHICKENS A ND TURKEYS , 3
	103	+	FOR MEAT OR EGG PROD UCTION; 4
100	104
101		-	(ii) for a subscriber that does not have a record of 12 months of
102		-	electricity use at the time of the subscriber’s most recent subscription, an estimate of the
103		-	subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a
104		-	manner the Commission approves.
	105	+	(III) DAIRY PRODUCTION , SUCH AS THE RAISING OF MILKING 5
	106	+	COWS; 6
105	107
106		-	~~[(3)]~~ (4) ~~“Community solar energy generating system”~~ ~~means a solar~~
107		-	~~energy system that:~~
	108	+	(IV) RAISING LIVESTOCK , INCLUDING CATTLE , SHEEP, GOATS, 7
	109	+	OR PIGS; 8
108	110
109		-	(i) ~~is connected to the electric distribution grid serving the State~~;
	111	+	(V) HORSE BOARDI NG, BREEDING, OR TRAINING; 9
110	112
111		-	(ii) ~~is located in the same electric service territory as its subscribers~~;
	113	+	(VI) TURF FARMING ; 10
112	114
113		-	(~~iii~~) ~~is attached to the electric meter of a subscriber~~ or ~~is a separate~~
114		-	~~facility with its own electric meter~~;
	115	+	(VII) RAISING ORNAMENTAL S HRUBS, PLANTS, OR FLOWERS , 11
	116	+	INCLUDING AQUATIC PL ANTS; 12
115	117
116		-	(iv) credits its generated electricity, or the value of its generated
117		-	electricity, to the bills of the subscribers to that system through virtual net energy
118		-	metering;
	118	+	(VIII) AQUACULTURE ; 13
119	119
120		-	(v) has at least two subscribers but no limit to the maximum number
121		-	of subscribers;
	120	+	(IX) SILVICULTURE ; OR 14
122	121
123		-	(vi) ~~does not have subscriptions larger than 200 kilowatts~~
124		-	~~constituting more than 60%~~ of ~~its [subscriptions] KILOWATT–HOUR OUTPUT ;~~
	122	+	(X) ANY OTHER ACTIVITY R ECOGNIZED BY THE DEPARTMENT 15
	123	+	OF AGRICULTURE AS AN AGRICULTURAL ACTI VITY. 16
125	124
126		-	(vii) has a generating capacity that does not exceed 5 megawatts as
127		-	measured by the alternating current rating of the system’s inverter; [and]
	125	+	(3) “Baseline annual usage” means: 17
128	126
129		-	(viii) may be owned by any person; AND
	127	+	(i) a subscriber’s accumulated electricity use in kilowatt–hours for 18
	128	+	the 12 months before the subscriber’s most recent subscription; or 19
130	129
131		-	(IX) WITH RESPECT TO COMMUNITY SOLAR ENER GY
132		-	GENERATING SYSTEMS C ONSTRUCTED UNDER THE PROGRAM, SERVES AT LEAST
133		-	40% OF ITS KILOWATT –HOUR OUTPUT TO LMI SUBSCRIBERS UNLESS T HE SOLAR
134		-	ENERGY SYSTEM IS WHO LLY OWNED BY THE SUBSCRIBERS TO T HE SOLAR ENERGY
135		-	SYSTEM A NONPROFIT ORGANIZA TION THE SUBSCRIBERS TO T HE SOLAR ENERGY
136		-	SYSTEM.
	130	+	(ii) for a subscriber that does not have a record of 12 months of 20
	131	+	electricity use at the time of the subscriber’s most recent subscription, an estimate of the 21
	132	+	subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 22
	133	+	manner the Commission approves. 23
137	134
138		-	(5) “CONSOLIDATED BILLING ” MEANS A PAYMENT MECH ANISM THAT
139		-	REQUIRES AN ELECTRIC COMPANY TO , AT THE REQUEST OF A SUBSCRIBER
140		-	ORGANIZATION OR SUBS CRIPTION COORDINATOR :
141		-	Ch. 652 2023 LAWS OF MARYLAND
	135	+	[(3)] (4) “Community solar energy generating system” means a solar 24
	136	+	energy system that: 25
142	137
143		-	– 4 –
144		-	(I) INCLUDE THE MONTHLY SUBSCRIPTION CHARGE OF A
145		-	SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR ON THE MON THLY
146		-	BILLS RENDERED BY TH E ELECTRIC COMPANY F OR ELECTRIC SERVICE AND SUPPLY
147		-	TO SUBSCRIBERS ; AND
	138	+	(i) is connected to the electric distribution grid serving the State; 26
148	139
149		-	(II) REMIT PAYMENT RECEIVED FOR THOSE CHARGES TO THE
150		-	SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR .
	140	+	(ii) is located in the same electric service territory as its subscribers; 27
151	141
152		-	(6) ~~“CRITICAL AREA”~~ ~~HAS~~ THE ~~MEANING STATED IN § 8–1802~~ OF ~~THE~~
153		-	~~NATURAL RESOURCES ARTICLE.~~
	142	+	(iii) is attached to the electric meter of a subscriber or is a separate 28
	143	+	facility with its own electric meter; 29 4 HOUSE BILL 908
154	144
155		-	(7) “LMI SUBSCRIBER” MEANS A SUBSCRIBER T HAT:
156	145
157		-	(I) IS LOW–INCOME;
158	146
159		-	(II) IS MODERATE–INCOME; OR
	147	+	(iv) credits its generated electricity, or the value of its generated 1
	148	+	electricity, to the bills of the subscribers to that system through virtual net energy 2
	149	+	metering; 3
160	150
161		-	(III) RESIDES IN A CENSUS TRACT THAT IS AN:
	151	+	(v) has at least two subscribers but no limit to the maximum number 4
	152	+	of subscribers; 5
162	153
163		-	1. OVERBURDENED COMMUNI TY; AND
	154	+	(vi) does not have subscriptions larger than 200 kilowatts 6
	155	+	constituting more than 60% of its [subscriptions] KILOWATT–HOUR OUTPUT ; 7
164	156
165		-	2. UNDERSERVED COMMUNIT Y.
	157	+	(vii) has a generating capacity that does not exceed 5 megawatts as 8
	158	+	measured by the alternating current rating of the system’s inverter; [and] 9
166	159
167		-	(8) ~~“LOW–INCOME” MEANS:~~
	160	+	(viii) may be owned by any person; AND 10
168	161
169		-	(I) HAVING AN ANNUAL HOU SEHOLD INCOME THAT I S AT OR
170		-	BELOW 200% OF THE FEDERAL POVER TY LEVEL; OR
	162	+	(IX) WITH RESPECT TO COMMUNITY SOLAR ENER GY 11
	163	+	GENERATING SYSTEMS C ONSTRUCTED UNDER THE PROGRAM, SERVES AT LEAST 12
	164	+	40% OF ITS KILOWATT –HOUR OUTPUT TO LMI SUBSCRIBERS UNLESS T HE SOLAR 13
	165	+	ENERGY SYSTEM IS WHO LLY OWNED BY THE SUBSCRIBERS TO T HE SOLAR ENERGY 14
	166	+	SYSTEM A NONPROFIT ORGANIZA TION THE SUBSCRIBERS TO T HE SOLAR ENERGY 15
	167	+	SYSTEM. 16
171	168
172		-	(II) ~~BEING CERTIFIED AS E LIGIBLE FOR ANY FEDE RAL,~~ ~~STATE,~~
173		-	~~OR LOCAL ASSISTANCE PROGRAM THAT LIMITS PARTICIPATION~~ TO ~~HOU SEHOLDS~~
174		-	~~WHOSE INCOME IS AT O R BELOW 200%~~ ~~OF THE FEDERAL POVER TY LEVEL.~~
	169	+	(5) “CONSOLIDATED BILLING ” MEANS A PAYMENT MECH ANISM THAT 17
	170	+	REQUIRES AN ELECTRIC COMPANY TO , AT THE REQUEST OF A SUBSCRIBER 18
	171	+	ORGANIZATION OR SUBS CRIPTION COORDINATOR : 19
175	172
176		-	(9) “MODERATE–INCOME” MEANS HAVING AN ANNU AL HOUSEHOLD
177		-	INCOME THAT IS AT OR BELOW 80% OF THE MEDIAN INCOME FOR MARYLAND.
	173	+	(I) INCLUDE THE MONTHLY SUBSCRIPTION CHARGE OF A 20
	174	+	SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR ON THE MON THLY 21
	175	+	BILLS RENDERED BY TH E ELECTRIC COMPANY F OR ELECTRIC SERVICE AND SUPPLY 22
	176	+	TO SUBSCRIBERS ; AND 23
178	177
179		-	(10) ~~“OVERBURDENED COMMUNIT Y”~~ ~~HAS~~ THE ~~MEANING STATED IN §~~
180		-	~~1–701 OF THE ENVIRONMENT ARTICLE~~.
	178	+	(II) REMIT PAYMENT RECEIVED FOR THOSE CHARGES TO THE 24
	179	+	SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR . 25
181	180
182		-	(11) “PILOT PROGRAM ” MEANS THE PROGRAM ES TABLISHED UNDER
183		-	THIS SECTION BEFORE OCTOBER JULY 1, 2023, AND EFFECTIVE UNTIL THE START
184		-	OF THE PROGRAM ESTABLISHED U NDER SUBSECTION (D)(20) OF THIS SECTION.
	181	+	(6) “CRITICAL AREA” HAS THE MEANING STATED IN § 8–1802 OF THE 26
	182	+	NATURAL RESOURCES ARTICLE. 27
185	183
186		-	[(4)] (12) “Program” means the Community Solar Energy Generating
187		-	Systems [Pilot] Program. WES MOORE, Governor Ch. 652
	184	+	(7) “LMI SUBSCRIBER” MEANS A SUBSCRIBER T HAT: 28
188	185
189		-	– ~~5 –~~
	186	+	(I) IS LOW–INCOME; 29
190	187
191		-	(13) ~~“QUEUE” MEANS:~~
	188	+	(II) IS MODERATE–INCOME; OR 30
192	189
193		-	(I) THE PILOT PROGRAM QU EUE AN ELECTRIC COMP ANY IS
194		-	REQUIRED TO MAINTAIN UNDER COMAR 20.62.03.04; AND
	190	+	(III) RESIDES IN A CENSUS TRACT THAT IS AN: 31 HOUSE BILL 908 5
195	191
196		-	(II) A QUEUE AN ELECTRIC COMPANY MAY BE REQUI RED TO
197		-	MAINTAIN UNDER THE PROGRAM.
198	192
199		-	[(5)] (14) “Subscriber” means a retail customer of an electric company that:
200	193
201		-	(i) holds a subscription to a community solar energy generating
202		-	system; and
	194	+	1. OVERBURDENED COMMUNI TY; AND 1
203	195
204		-	(ii) has identified one or more individual meters or accounts to which
205		-	the subscription shall be attributed.
	196	+	2. UNDERSERVED COMMUNIT Y. 2
206	197
207		-	~~[(6)]~~ (15) “~~Subscriber organization~~” means:
	198	+	(8) “LOW–INCOME” MEANS: 3
208	199
209		-	(i) ~~a person~~ that ~~owns~~ or ~~operates a community solar energy~~
210		-	~~generating system~~; or
	200	+	(I) HAVING AN ANNUAL HOU SEHOLD INCOME THAT I S AT OR 4
	201	+	BELOW 200% OF THE FEDERAL POVER TY LEVEL; OR 5
211	202
212		-	(ii) the collective group of subscribers of a community solar energy
213		-	generating system.
	203	+	(II) BEING CERTIFIED AS E LIGIBLE FOR ANY FEDE RAL, STATE, 6
	204	+	OR LOCAL ASSISTANCE PROGRAM THAT LIMITS PARTICIPATION TO HOU SEHOLDS 7
	205	+	WHOSE INCOME IS AT O R BELOW 200% OF THE FEDERAL POVER TY LEVEL. 8
214	206
215		-	~~[(7)]~~ (16) “~~Subscription~~” means ~~the portion of the electricity generated by~~
216		-	~~a community solar energy generating system~~ that is ~~credited to a subscriber~~.
	207	+	(9) “MODERATE–INCOME” MEANS HAVING AN ANNU AL HOUSEHOLD 9
	208	+	INCOME THAT IS AT OR BELOW 80% OF THE MEDIAN INCOME FOR MARYLAND. 10
217	209
218		-	(17) “SUBSCRIPTION COORDINA TOR” MEANS A PERSON THAT :
	210	+	(10) “OVERBURDENED COMMUNIT Y” HAS THE MEANING STATED IN § 11
	211	+	1–701 OF THE ENVIRONMENT ARTICLE. 12
219	212
220		-	(I) ~~MARKETS COMMUNITY SO LAR ENERGY GENERATIN G~~
221		-	~~SYSTEMS OR OTHERWISE PROVIDES SERVICES RE LATED TO COMMUNITY S OLAR~~
222		-	~~ENERGY GENERATING SY STEMS UNDER ITS OWN BRAND NAME ;~~
	213	+	(11) “PILOT PROGRAM ” MEANS THE PROGRAM ES TABLISHED UNDER 13
	214	+	THIS SECTION BEFORE OCTOBER JULY 1, 2023, AND EFFECTIVE UNTIL THE START 14
	215	+	OF THE PROGRAM ESTABLISHED U NDER SUBSECTION (D)(20) OF THIS SECTION. 15
223	216
224		-	(II) PERFORMS ANY ADMINIS TRATIVE ACTION TO AL LOCATE
225		-	SUBSCRIPTIONS , CONNECT SUBSCRIBERS WITH COMMUNITY SOLAR ENERGY
226		-	GENERATING SYSTEMS , OR ENROLL CUSTOMERS IN THE PROGRAM; OR
	217	+	[(4)] (12) “Program” means the Community Solar Energy Generating 16
	218	+	Systems [Pilot] Program. 17
227	219
228		-	(III) MANAGES INTERACTIONS BETWEEN A SUBSCRIBER
229		-	ORGANIZATION AND AN ELECTRIC COMPANY OR ELECTRICITY SUPPLIER RELATING
230		-	TO SUBSCRIBERS .
	220	+	(13) “QUEUE” MEANS: 18
231	221
232		-	(18) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN §
233		-	1–701 OF THE ENVIRONMENT ARTICLE.
234		-	Ch. 652 2023 LAWS OF MARYLAND
	222	+	(I) THE PILOT PROGRAM QU EUE AN ELECTRIC COMP ANY IS 19
	223	+	REQUIRED TO MAINTAIN UNDER COMAR 20.62.03.04; AND 20
235	224
236		-	– 6 –
237		-	[(8)] (19) “Unsubscribed energy” means any community solar energy
238		-	generating system output in kilowatt–hours that is not allocated to any subscriber.
	225	+	(II) A QUEUE AN ELECTRIC COMPANY MAY BE REQUIRED TO 21
	226	+	MAINTAIN UNDER THE PROGRAM. 22
239	227
240		-	[(9)] (20) “Virtual net energy metering” means measurement of the
241		-	difference between the kilowatt–hours or value of electricity that is supplied by an electric
242		-	company and the kilowatt–hours or value of electricity attributable to a subscription to a
243		-	community solar energy generating system and fed back to the electric grid over the
244		-	subscriber’s billing period, as calculated under the tariffs established under [subsection]
245		-	SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section.
	228	+	[(5)] (14) “Subscriber” means a retail customer of an electric company that: 23
246	229
247		-	(b) The General Assembly finds that:
	230	+	(i) holds a subscription to a community solar energy generating 24
	231	+	system; and 25
248	232
249		-	(1) community solar energy generating systems:
	233	+	(ii) has identified one or more individual meters or accounts to which 26
	234	+	the subscription shall be attributed. 27
250	235
251		-	(i) provide residents and businesses, including those that lease
252		-	property, increased access to local solar electricity while encouraging private investment in
253		-	solar resources;
	236	+	[(6)] (15) “Subscriber organization” means: 28
	237	+	6 HOUSE BILL 908
254	238
255		-	(ii) enhance continued diversification of the State’s energy resource
256		-	mix to achieve the State’s renewable energy portfolio standard and Greenhouse Gas
257		-	Emissions Reduction Act goals; and
258	239
259		-	(~~iii~~) ~~provide electric companies and ratepayers the opportunity to~~
260		-	~~realize the many benefits associated with distributed energy~~; ~~and~~
	240	+	(i) a person that owns or operates a community solar energy 1
	241	+	generating system; or 2
261	242
262		-	(2) it is in the public interest that the State enable the development and
263		-	deployment of energy generation from community solar energy generating systems in order
264		-	to:
	243	+	(ii) the collective group of subscribers of a community solar energy 3
	244	+	generating system. 4
265	245
266		-	(i) ~~allow renters and low–income and moderate–income retail~~
267		-	~~electric customers to own an interest in~~ a community solar energy generating system;
	246	+	[(7)] (16) “Subscription” means the portion of the electricity generated by 5
	247	+	a community solar energy generating system that is credited to a subscriber. 6
268	248
269		-	(ii) facilitate market entry for all potential subscribers while giving
270		-	priority to subscribers who are the most sensitive to market barriers; and
	249	+	(17) “SUBSCRIPTION COORDINA TOR” MEANS A PERSON THAT : 7
271	250
272		-	(iii) encourage developers to promote participation by renters and
273		-	low–income and moderate–income retail electric customers.
	251	+	(I) MARKETS COMMUNITY SO LAR ENERGY GENERATIN G 8
	252	+	SYSTEMS OR OTHERWISE PROVIDES SERVICES RE LATED TO COMMUNITY S OLAR 9
	253	+	ENERGY GENERATING SY STEMS UNDER ITS OWN BRAND NAME ; 10
274	254
275		-	(c) ~~A community solar energy generating system,~~ ~~[including a]~~ ~~subscriber [or],~~
276		-	~~subscriber organization [associated~~ with ~~the~~ community solar energy ~~generating system],~~
277		-	OR ~~SUBSCRIPTION COOR DINATOR is not:~~
	255	+	(II) PERFORMS ANY ADMINIS TRATIVE ACTION TO AL LOCATE 11
	256	+	SUBSCRIPTIONS , CONNECT SUBSCRIBERS WITH COMMUNITY SOLAR ENERGY 12
	257	+	GENERATING SYSTEMS , OR ENROLL CUSTOMERS IN THE PROGRAM; OR 13
278	258
279		-	(1) an electric company;
	259	+	(III) MANAGES INTERACTIONS BETWEEN A SUBSCRIBER 14
	260	+	ORGANIZATION AND AN ELECTRIC COMPANY OR ELECTRICITY SUPPLIER RELATING 15
	261	+	TO SUBSCRIBERS . 16
280	262
281		-	(2) an electricity supplier; or WES MOORE, Governor Ch. 652
	263	+	(18) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 17
	264	+	1–701 OF THE ENVIRONMENT ARTICLE. 18
282	265
283		-	– 7 –
	266	+	[(8)] (19) “Unsubscribed energy” means any community solar energy 19
	267	+	generating system output in kilowatt–hours that is not allocated to any subscriber. 20
284	268
285		-	(3) a generating station if the generating capacity of the community solar
286		-	energy generating system does not exceed 2 megawatts.
	269	+	[(9)] (20) “Virtual net energy metering” means measurement of the 21
	270	+	difference between the kilowatt–hours or value of electricity that is supplied by an electric 22
	271	+	company and the kilowatt–hours or value of electricity attributable to a subscription to a 23
	272	+	community solar energy generating system and fed back to the electric grid over the 24
	273	+	subscriber’s billing period, as calculated under the tariffs established under [subsection] 25
	274	+	SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section. 26
287	275
288		-	(d) (1) (i) The Commission shall establish [a pilot program for] AND
289		-	MAINTAIN a Community Solar Energy Generating [System] SYSTEMS Program.
	276	+	(b) The General Assembly finds that: 27
290	277
291		-	(ii) The structure of the [pilot program] PROGRAM is as provided in
292		-	this subsection.
	278	+	(1) community solar energy generating systems: 28
293	279
294		-	(2) All rate classes may participate in the [pilot program] PROGRAM.
	280	+	(i) provide residents and businesses, including those that lease 29
	281	+	property, increased access to local solar electricity while encouraging private investment in 30
	282	+	solar resources; 31
	283	+	HOUSE BILL 908 7
295	284
296		-	(3) Subscribers served by electric standard offer service, community choice
297		-	aggregators, and electricity suppliers may hold subscriptions to the same community solar
298		-	energy generating system.
299	285
300		-	(4) A subscriber organization OR SUBSCRIPTION COOR DINATOR
301		-	ACTING ON BEHALF OF A SUBSCRIBER ORGANIZ ATION shall:
	286	+	(ii) enhance continued diversification of the State’s energy resource 1
	287	+	mix to achieve the State’s renewable energy portfolio standard and Greenhouse Gas 2
	288	+	Emissions Reduction Act goals; and 3
302	289
303		-	(i) determine how to allocate subscriptions to subscribers; and
	290	+	(iii) provide electric companies and ratepayers the opportunity to 4
	291	+	realize the many benefits associated with distributed energy; and 5
304	292
305		-	(ii) ~~notify an electric company~~ and~~, if applicable, a relevant~~
306		-	~~electricity supplier about THE ALLOCATION~~ OF ~~SU BSCRIPTIONS~~ IN ~~ACCOR DANCE WITH~~
307		-	~~the regulations the Commission adopts under subsection (e) of this section.~~
	293	+	(2) it is in the public interest that the State enable the development and 6
	294	+	deployment of energy generation from community solar energy generating systems in order 7
	295	+	to: 8
308	296
309		-	(5) An electric company shall use the tariff structure under [subsection]
310		-	SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section to provide each subscriber with the
311		-	credits.
	297	+	(i) allow renters and low–income and moderate–income retail 9
	298	+	electric customers to own an interest in a community solar energy generating system; 10
312	299
313		-	(6) ~~A subscriber may not receive credit~~ for ~~virtual net excess generation~~
314		-	~~that exceeds 200%~~ of the ~~subscriber’s baseline annual usage.~~
	300	+	(ii) facilitate market entry for all potential subscribers while giving 11
	301	+	priority to subscribers who are the most sensitive to market barriers; and 12
315	302
316		-	(7) Any unsubscribed energy generated by a community solar energy
317		-	generating system that is not owned by an electric company shall be purchased under the
318		-	electric company’s process for purchasing the output from qualifying facilities at the
319		-	amount it would have cost the electric company to procure the energy.
	303	+	(iii) encourage developers to promote participation by renters and 13
	304	+	low–income and moderate–income retail electric customers. 14
320	305
321		-	(8) ~~An electric company shall use energy generated from~~ a community solar
322		-	energy generating system ~~to offset purchases from wholesale electricity suppliers for~~
323		-	~~standard offer service.~~
	306	+	(c) A community solar energy generating system, [including a] subscriber [or], 15
	307	+	subscriber organization [associated with the community solar energy generating system], 16
	308	+	OR SUBSCRIPTION COOR DINATOR is not: 17
324	309
325		-	(9) All costs associated with small generator interconnection standards
326		-	under COMAR 20.50.09 are the responsibility of the subscriber organization.
	310	+	(1) an electric company; 18
327	311
328		-	(10) A subscriber organization may petition an electric company to
329		-	coordinate the interconnection and commencement of operations of a community solar Ch. 652 2023 LAWS OF MARYLAND
	312	+	(2) an electricity supplier; or 19
330	313
331		-	– 8 –
332		-	energy generating system after the Commission adopts regulations required under
333		-	subsection (e) of this section.
	314	+	(3) a generating station if the generating capacity of the community solar 20
	315	+	energy generating system does not exceed 2 megawatts. 21
334	316
335		-	(11) ~~A subscriber organization may contract with a third party for~~ the ~~third~~
336		-	~~party to finance, build, own, or operate~~ a community solar energy generating system.
	317	+	(d) (1) (i) The Commission shall establish [a pilot program for] AND 22
	318	+	MAINTAIN a Community Solar Energy Generating [System] SYSTEMS Program. 23
337	319
338		-	(12) ~~A municipal utility or cooperative utility may participate in~~ the [pilot
339		-	~~program] PROGRAM~~.
	320	+	(ii) The structure of the [pilot program] PROGRAM is as provided in 24
	321	+	this subsection. 25
340	322
341		-	(13) (I) [Equipment for] EXCEPT AS PROVIDED IN SUBPARAGRAPH
342		-	(II) OF THIS PARAGRAPH , a community solar energy generating system may not be [built]
343		-	LOCATED on [contiguous parcels of land unless the equipment is installed only on building
344		-	rooftops] THE SAME OR AN ADJAC ENT PARCEL OF LAND A S AN EXISTING OR
345		-	PROPOSED COMMUNITY S OLAR ENERGY GENERATI NG SYSTEM IF THE TOT AL
346		-	INSTALLED CAPACITY O F ALL COMMUNITY SOLAR ENER GY GENERATING SYSTEMS
347		-	ON THE SAME OR ADJAC ENT PARCEL WOULD EXC EED 5 MEGAWATTS .
	323	+	(2) All rate classes may participate in the [pilot program] PROGRAM. 26
348	324
349		-	(II) THE PROHIBITION UNDER SUBPARAGRAPH (I) OF THIS
350		-	PARAGRAPH DOES NOT A PPLY TO PROJECTS CON STRUCTED:
	325	+	(3) Subscribers served by electric standard offer service, community choice 27
	326	+	aggregators, and electricity suppliers may hold subscriptions to the same community solar 28
	327	+	energy generating system. 29
351	328
352		-	1. ON THE ROOFTOPS OF B UILDINGS;
	329	+	(4) A subscriber organization OR SUBSCRIPTION COOR DINATOR 30
	330	+	ACTING ON BEHALF OF A SUBSCRIBER ORGANIZ ATION shall: 31
	331	+	8 HOUSE BILL 908
353	332
354		-	2. IN AREAS THAT ARE ZONED FOR INDUSTRIAL USE ;
355	333
356		-	~~3. ON BROWNFIELDS LOCAT IONS~~ AND ~~CLEAN FILL SITES;~~
	334	+	(i) determine how to allocate subscriptions to subscribers; and 1
357	335
358		-	4. OVER PARKING LOTS OR ROADWAYS;
	336	+	(ii) notify an electric company and, if applicable, a relevant 2
	337	+	electricity supplier about THE ALLOCATION OF SU BSCRIPTIONS IN ACCOR DANCE WITH 3
	338	+	the regulations the Commission adopts under subsection (e) of this section. 4
359	339
360		-	5. ON MULTILEVEL PARKIN G STRUCTURES ;
	340	+	(5) An electric company shall use the tariff structure under [subsection] 5
	341	+	SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section to provide each subscriber with the 6
	342	+	credits. 7
361	343
362		-	6~~. ON OR OVER TRANSPORT~~ ~~ATION OR PUBLIC~~
363		-	~~RIGHTS–~~OF~~–WAY;~~
	344	+	(6) A subscriber may not receive credit for virtual net excess generation 8
	345	+	that exceeds 200% of the subscriber’s baseline annual usage. 9
364	346
365		-	7. AT AIRPORTS;
	347	+	(7) Any unsubscribed energy generated by a community solar energy 10
	348	+	generating system that is not owned by an electric company shall be purchased under the 11
	349	+	electric company’s process for purchasing the output from qualifying facilities at the 12
	350	+	amount it would have cost the electric company to procure the energy. 13
366	351
367		-	8. ON LAND THAT:
	352	+	(8) An electric company shall use energy generated from a community solar 14
	353	+	energy generating system to offset purchases from wholesale electricity suppliers for 15
	354	+	standard offer service. 16
368	355
369		-	~~A. WAS PREVIOUSLY ZONED FOR INDUSTRIAL USE O R IS~~
370		-	~~ECOLOGICALLY COMPROM ISED;~~ ~~AND~~
	356	+	(9) All costs associated with small generator interconnection standards 17
	357	+	under COMAR 20.50.09 are the responsibility of the subscriber organization. 18
371	358
372		-	B. IS NOT TARGETED FOR MITIGATION OR
373		-	RESTORATION ; OR
	359	+	(10) A subscriber organization may petition an electric company to 19
	360	+	coordinate the interconnection and commencement of operations of a community solar 20
	361	+	energy generating system after the Commission adopts regulations required under 21
	362	+	subsection (e) of this section. 22
374	363
375		-	9. IN ANY LOCATION IF : WES MOORE, Governor Ch. 652
	364	+	(11) A subscriber organization may contract with a third party for the third 23
	365	+	party to finance, build, own, or operate a community solar energy generating system. 24
376	366
377		-	– 9 –
	367	+	(12) A municipal utility or cooperative utility may participate in the [pilot 25
	368	+	program] PROGRAM. 26
378	369
379		-	A. THE COMBINED CAPACIT Y OF ALL COMMUNITY SOLAR
380		-	ENERGY GENERATING SYSTEMS O N THE SAME OR ADJACE NT PARCEL DOES NOT
381		-	EXCEED 10 MEGAWATTS ; AND:
	370	+	(13) (I) [Equipment for] EXCEPT AS PROVIDED IN SUBPARAGRAPH 27
	371	+	(II) OF THIS PARAGRA PH, a community solar energy generating system may not be [built] 28
	372	+	LOCATED on [contiguous parcels of land unless the equipment is installed only on building 29
	373	+	rooftops] THE SAME OR AN ADJAC ENT PARCEL OF LAND A S AN EXISTING OR 30
	374	+	PROPOSED COMMUNITY S OLAR ENERGY G ENERATING SYSTEM IF THE TOTAL 31
	375	+	INSTALLED CAPACITY O F ALL COMMUNITY SOLAR ENER GY GENERATING SYSTEMS 32
	376	+	ON THE SAME OR ADJAC ENT PARCEL WOULD EXC EED 5 MEGAWATTS . 33
382	377
383		-	B. A. AT LEAST 75% OF THE AGGREGATE CAP ACITY OF THE
384		-	CO–LOCATED COMMUNITY SO LAR ENERGY GENERATIN G SYSTEMS SERVES LMI
385		-	SUBSCRIBERS OR;
	378	+	(II) THE PROHIBITION UNDER SUBPARAGRAPH (I) OF THIS 34
	379	+	PARAGRAPH DOES NOT A PPLY TO PROJECTS CONSTRUCTED : 35 HOUSE BILL 908 9
386	380
387		-	B. FOR A SITE WITHOUT A COMMUNITY SOLAR EN ERGY
388		-	GENERATING SYSTEM IN STALLED BEFORE THE S TART OF THE PROGRAM UNDER
389		-	PARAGRAPH (20) OF THIS SUBSECTION , ALL OF THE COMMUNITY SOLAR ENERGY
390		-	GENERATING SYSTEMS I NSTALLED AFTER THE S TART OF THE PROGRAM ARE USED
391		-	FOR AGRIVOLTAICS ; OR
392	381
393		-	C. FOR A SITE WITH A CO MMUNITY SOLAR ENERGY
394		-	GENERATING SYSTEM IN STALLED BEFORE THE S TART OF THE PROGRAM UNDER
395		-	PARAGRAPH (20) OF THIS SUBSECTION , EACH NEW COMMUNITY S OLAR ENERGY
396		-	GENERATING SYSTEM IN STALLED AFTER THE ST ART OF THE PROGRAM IS USED FOR
397		-	AGRIVOLTAICS.
398	382
399		-	(14) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR
400		-	MAY ELECT FOR A SUBS CRIBER OR A COMMUNITY SOLAR ENERGY GENERATING
401		-	SYSTEM REPRESENTED B Y THE SUBSCRIBER ORG ANIZATION OR SUBSCRI PTION
402		-	COORDINATOR TO PARTICIPATE IN CO NSOLIDATED BILLING .
	383	+	1. ON THE ROOFTOPS OF B UILDINGS; 1
403	384
404		-	(15) AN ELECTRIC COMPANY S HALL PROVIDE ACCESS TO CUSTOMER
405		-	BILLING AND USAGE DA TA TO A SUBSCRIBER O RGANIZATION OR SUBSC RIPTION
406		-	COORDINATOR IF THE C USTOMER PROVIDES TO THE ELECTRIC COMPANY
407		-	AFFIRMATIVE CONSENT THAT IS ACCOMPANIED BY A WRITTEN OR ELEC TRONIC
408		-	SIGNATURE.
	385	+	2. IN AREAS THAT ARE ZO NED FOR INDUSTRIAL U SE; 2
409	386
410		-	(16) (I) AN ELECTRIC COMPANY M AY REQUIRE A REASONABLE FEE
411		-	FOR SUBSCRIBER ORGAN IZATIONS OR SUBSCRIP TION COORDINATORS TH AT USE
412		-	CONSOLIDATED BILLING . IF THE FEE DOES
	387	+	3. ON BROWNFIELDS LOCAT IONS AND CLEAN FILL SITES; 3
413	388
414		-	(II) THE FEE UNDER SUBPARA GRAPH (I) OF THIS PARAGRAPH
415		-	MAY NOT EXCEED 1% OF THE BILL CREDIT VALUE TO THE SUBSCRIBER UNLESS THE
416		-	COMMISSION DETERMINES A HIGHER FEE IS JUST AND REASONABLE BASED ON
417		-	SUBSTANTIAL EVIDENCE PRESENTED BY THE ELE CTRIC COMPANY .
	389	+	4. OVER PARKING LOTS OR ROADWAYS; 4
418	390
419		-	(III) AN ELECTRIC COMPANY M AY ADJUST THE FEE UN DER
420		-	SUBPARAGRA PH (I) OF THIS PARAGRAPH NO T MORE THAN ONCE PER YEAR.
421		-	Ch. 652 2023 LAWS OF MARYLAND
	391	+	5. ON MULTILEVEL PARKIN G STRUCTURES ; 5
422	392
423		-	– 10 –
424		-	(IV) THE FEE FOR CONSOLIDA TED BILLING ASSESSED TO A
425		-	SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR MAY NOT EXCEED
426		-	THE FEE THAT WAS IN EFFECT WHEN THE SUBS CRIBER ORGANIZATION OR
427		-	SUBSCRIPTION COO RDINATOR ELECTED FOR THE COMMUNITY SOLAR ENERGY
428		-	GENERATING SYSTEM RE PRESENTED BY THE SUB SCRIBER ORGANIZATION OR
429		-	SUBSCRIPTION COORDIN ATOR TO PARTICIPATE IN CONSOLIDATED BILL ING.
	393	+	6. ON OR OVER TRANSPORT ATION OR PUBLIC 6
	394	+	RIGHTS–OF–WAY; 7
430	395
431		-	(17) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR
432		-	MAY NOT PROHIBIT A SUBSCRIBER FROM EN ROLLING WITH AN ELEC TRICITY
433		-	SUPPLIER FOR ELECTRI C SERVICE OR SUPPLY .
	396	+	7. AT AIRPORTS; 8
434	397
435		-	(18) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM ON AN
436		-	ELECTRIC COMPANY QUE UE UNDER THE PILOT P ROGRAM ON SEPTEMBER 30, 2023,
437		-	SHALL RETAIN THE QUE UE POSITION UNDER THE PROGRAM.
	398	+	8. ON LAND THAT: 9
438	399
439		-	(19) IN CONSTRUCTING OR OP ERATING A COMMUNITY SOLAR ENERGY
440		-	GENERATING SYSTEM , A PERSON SHALL ADDRE SS CRITICAL AREA , CLIMATE
441		-	RESILIENCE, AND FOREST CONSERVAT ION CONCERNS BY COMP LYING WITH THE
442		-	FOREST CONSERVATION ACT AND OTHER RELEVAN T STATE AND LOCAL
443		-	ENVIRONMENT AL LAWS AND REGULATI ONS PERTAINING TO TH E CRITICAL AREA ,
444		-	CLIMATE RESILIENCE , AND FOREST CONSERVAT ION.
	400	+	A. WAS PREVIOUSLY ZONED FOR INDUSTRIAL USE O R IS 10
	401	+	ECOLOGICALLY COMPROM ISED; AND 11
445	402
446		-	[(14)] (20) The [pilot program] PROGRAM shall[:
	403	+	B. IS NOT TARGETED FOR MITIGATION OR 12
	404	+	RESTORATION ; OR 13
447	405
448		-	~~(i)] begin on the earlier of~~:
	406	+	9. IN ANY LOCATION IF: 14
449	407
450		-	[1.~~] (I)~~ the ~~date~~ of ~~submission of the first petition of a~~
451		-	~~subscriber organization under paragraph (10) of this subsection after~~ the ~~Commission~~
452		-	~~adopts the regulations required under subsection [(e)] (F) of this section~~; or
	408	+	A. THE COMBINED CAPACIT Y OF ALL COMMUNITY SOLAR 15
	409	+	ENERGY GENERATING SYSTEMS O N THE SAME OR ADJACE NT PARCEL DOES NOT 16
	410	+	EXCEED 10 MEGAWATTS ; AND: 17
453	411
454		-	[2.] (II) 6 months after the Commission adopts those
455		-	regulations[; and
	412	+	B. A. AT LEAST 75% OF THE AGGREGATE CAP ACITY OF THE 18
	413	+	CO–LOCATED COMMUNITY SO LAR ENERGY GENERATIN G SYSTEMS SERVES LMI 19
	414	+	SUBSCRIBERS OR; 20
456	415
457		-	(ii) end 7 years after the beginning date, but not sooner than
458		-	December 31, 2024.
	416	+	B. FOR A SITE WITHOUT A COMMUNITY SOLAR ENER GY 21
	417	+	GENERATING SYSTEM IN STALLED BEFORE THE S TART OF THE PROGRAM UNDER 22
	418	+	PARAGRAPH (20) OF THIS SUBSECTION , ALL OF THE COMMUNITY SOLAR ENERGY 23
	419	+	GENERATING SYSTEMS I NSTALLED AFTER THE S TART OF THE PROGRAM ARE USED 24
	420	+	FOR AGRIVOLTAICS ; OR 25
459	421
460		-	(15) The Commission shall limit the pilot program in such a way that the
461		-	Commission may conduct a meaningful study of the pilot program and its results, including:
	422	+	C. FOR A SITE WITH A CO MMUNITY SOLAR ENERGY 26
	423	+	GENERATING SYSTEM IN STALLED BEFORE THE S TART OF THE PROGRAM UNDER 27
	424	+	PARAGRAPH (20) OF THIS SUBSECTION , EACH NEW COMMUNITY S OLAR ENERGY 28 10 HOUSE BILL 908
462	425
463		-	(i) the appropriate number of community solar energy generating
464		-	systems to be included in the pilot program;
465	426
466		-	~~(ii)~~ the ~~appropriate amount of generating capacity~~ of the ~~community~~
467		-	~~solar energy generating systems to be included in the pilot program and the annual capacity WES MOORE, Governor Ch~~. ~~652~~
	427	+	GENERATING SYSTEM IN STALLED AFTER THE ST ART OF THE PROGRAM IS USED FOR 1
	428	+	AGRIVOLTAICS . 2
468	429
469		-	– 11 –
470		-	limits for each program category, each of which should increase throughout the duration of
471		-	the pilot program; and
	430	+	(14) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 3
	431	+	MAY ELECT FOR A SUBS CRIBER OR A COMMUNITY SOLAR ENER GY GENERATING 4
	432	+	SYSTEM REPRESENTED B Y THE SUBSCRIBER ORG ANIZATION OR SUBSCRI PTION 5
	433	+	COORDINATOR TO PARTICIPATE IN CO NSOLIDATED BILLING . 6
472	434
473		-	(iii) a variety of appropriate geographical areas in the State for
474		-	locating community solar energy generating systems to be included in the pilot program].
	435	+	(15) AN ELECTRIC COMPANY S HALL PROVIDE ACCESS TO CUSTOMER 7
	436	+	BILLING AND USAGE DA TA TO A SUBSCRIBER O RGANIZATION OR SUBSCRI PTION 8
	437	+	COORDINATOR IF THE C USTOMER PROVIDES TO THE ELECTRIC COMPANY 9
	438	+	AFFIRMATIVE CONSENT THAT IS ACCOMPANIED BY A WRITTEN OR ELEC TRONIC 10
	439	+	SIGNATURE. 11
475	440
476		-	(e) On or before May 15, 2016, the Commission shall adopt regulations to
477		-	implement this section, including regulations for:
	441	+	(16) (I) AN ELECTRIC COMPANY M AY REQUIRE A REASONABLE FEE 12
	442	+	FOR SUBSCRIBER ORGAN IZATIONS OR SUBSCRIPTION COOR DINATORS THAT USE 13
	443	+	CONSOLIDATED BILLING . IF THE FEE DOES 14
478	444
479		-	(1) consumer protection;
	445	+	(II) THE FEE UNDER SUBPARA GRAPH (I) OF THIS PARAGRAPH 15
	446	+	MAY NOT EXCEED 1% OF THE BILL CREDIT VALUE TO THE SUBSCRIBER UNLESS THE 16
	447	+	COMMISSION DETERMINES A HIGHER FEE IS JUST AND REASONABLE BASED ON 17
	448	+	SUBSTANTIAL EVIDENCE PRESENTED BY THE ELE CTRIC COMPANY . 18
480	449
481		-	(2) ~~a tariff structure for~~ an electric company ~~to provide a subscriber with~~
482		-	~~the kilowatt–hours or value~~ of ~~the subscriber’s subscription,~~ ~~as the Commission determines;~~
	450	+	(III) AN ELECTRIC COMPANY M AY ADJUST THE FEE UN DER 19
	451	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH NO T MORE THAN ONCE PER YEAR. 20
483	452
484		-	(3) a calculation for virtual net energy metering as the Commission
485		-	determines;
	453	+	(IV) THE FEE FOR CONSOLIDA TED BILLING ASSESSED TO A 21
	454	+	SUBSCRIBER ORGANIZATION OR SUBSCRIPTION COORDIN ATOR MAY NOT EXCEED 22
	455	+	THE FEE THAT WAS IN EFFECT WHEN THE SUBS CRIBER ORGANIZATION OR 23
	456	+	SUBSCRIPTION COORDIN ATOR ELECTED FOR THE COMMUNITY SOLAR ENER GY 24
	457	+	GENERATING SYSTEM RE PRESENTED BY THE SUB SCRIBER ORGANIZATION OR 25
	458	+	SUBSCRIPTION COORDINATOR TO PARTICIPATE IN CO NSOLIDATED BILLING . 26
486	459
487		-	(4) a protocol for electric companies, electricity suppliers, and subscriber
488		-	organizations to communicate the information necessary to calculate and provide the
489		-	monthly electric bill credits and yearly net excess generation payments required by this
490		-	section; and
	460	+	(17) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 27
	461	+	MAY NOT PROHIBIT A S UBSCRIBER FROM ENROL LING WITH AN ELECTRI CITY 28
	462	+	SUPPLIER FOR ELECTRI C SERVICE OR SUPPLY . 29
491	463
492		-	(5) a ~~protocol for a subscriber organization to coordinate with~~ an ~~electric~~
493		-	company ~~for~~ the ~~interconnection and commencement of operations of a community solar~~
494		-	~~energy generating system~~.
	464	+	(18) A COMMUNITY SOLAR E NERGY GENERATING SYS TEM ON AN 30
	465	+	ELECTRIC COMPANY QUE UE UNDER THE PILOT P ROGRAM ON SEPTEMBER 30, 2023, 31
	466	+	SHALL RETAIN THE QUE UE POSITION UNDER TH E PROGRAM. 32
495	467
496		-	(F) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , TO IMPLEMENT
497		-	THE PROGRAM, THE COMMISSION SHALL , ON OR BEFORE OCTOBER 1, 2024
498		-	JANUARY 1, 2025, ADOPT REVISIONS TO T HE REGULATIONS ADOPT ED UNDER
499		-	SUBSECTION (E) OF THIS SECTION FOR THE PILOT PROGRAM , INCLUDING REVISIONS
500		-	THAT:
	468	+	(19) IN CONSTRUCTING OR OP ERATING A COMMUNITY SOLAR ENERGY 33
	469	+	GENERATING SYSTEM , A PERSON SHALL ADDRE SS CRITICAL AREA , CLIMATE 34
	470	+	RESILIENCE, AND FOREST CONSERVAT ION CONCERNS BY COMP LYING WITH THE 35 HOUSE BILL 908 11
501	471
502		-	(I) REMOVE ALL PROGRAM CATEGORIES , PROJECT
503		-	GENERATING CAPACITY LIMITS, YEARLY PROGRAMMATIC AND ELECTRIC
504		-	COMPANY–SPECIFIC CAPACITY LI MITS, AND SUNSET DATES SO THAT THE TOTAL
505		-	NUMBER AND CAPACITY OF COMMUNITY SOLAR E NERGY GENERATING SYS TEMS IS
506		-	SUBJECT ONLY TO THE OVERALL LIMITATION F OR ALL NET METERING PROJECTS
507		-	ESTABLISHED UNDER § 7–306(D) OF THIS SUBTITLE;
508	472
509		-	(II) AUTHORIZE ALL COMMUNIT Y SOLAR ENERGY GENER ATING
510		-	SYSTEMS, INCLUDING THOSE CONS TRUCTED DURING THE P ILOT PROGRAM , TO
511		-	OPERATE AND GENERATE SUBSCRIPTION CREDITS UNTIL THE COMMUNITY SOLAR
512		-	ENERGY GENERATING SY STEM IS DECOMMISSION ED;
513		-	Ch. 652 2023 LAWS OF MARYLAND
	473	+	FOREST CONSERVATION ACT AND OTHER RELEVAN T STATE AND LOCAL 1
	474	+	ENVIRONMENT AL LAWS AND REGULATI ONS PERTAINING TO TH E CRITICAL AREA , 2
	475	+	CLIMATE RESILIENCE , AND FOREST CONSERVAT ION. 3
514	476
515		-	– 12 –
516		-	(III) ADJUST CO–LOCATION RESTRICTION S TO COMPLY WITH
517		-	SUBSECTION (D)(13) OF THIS SECTION;
	477	+	[(14)] (20) The [pilot program] PROGRAM shall[: 4
518	478
519		-	(IV) ALLOW A CUSTOMER SUBSCRIBER ORGANIZAT ION OR
520		-	SUBSCRIPTION COORDIN ATOR TO VERIFY, WHEN SUBSCRIBING TO A COMMUNITY
521		-	SOLAR ENERGY GENERAT ING SYSTEM, THE INCOME OF A PROSPECTIVE SUBSCRIBER
522		-	FOR ELIGIBILITY AS A N LMI SUBSCRIBER UNDER THE PROGRAM BY USING ONE OF
523		-	THE FOLLOWING METHOD S:
	479	+	(i)] begin on the earlier of: 5
524	480
525		-	1. SELF–ATTESTATION BY THE PROSPECTIVE
526		-	SUBSCRIBER THAT DOES NOT NEED T O BE UNDER OATH OR P ENALTY OF PERJURY ;
	481	+	[1.] (I) the date of submission of the first petition of a 6
	482	+	subscriber organization under paragraph (10) of this subsection after the Commission 7
	483	+	adopts the regulations required under subsection [(e)] (F) of this section; or 8
527	484
528		-	2. PROVIDING REQUIRING THE PROSPECTIVE
529		-	SUBSCRIBER TO PROVID E EVIDENCE OF ELIGIBIL ITY FOR OR ENROLLMEN T IN AT
530		-	LEAST ONE OF THE FOL LOWING GOVERNMENT AS SISTANCE PROGRAMS :
	485	+	[2.] (II) 6 months after the Commission adopts those 9
	486	+	regulations[; and 10
531	487
532		-	A. THE MARYLAND ENERGY ASSISTANCE PROGRAM;
	488	+	(ii) end 7 years after the beginning date, but not sooner than 11
	489	+	December 31, 2024. 12
533	490
534		-	B. THE ~~SUPPLEMENTAL NUTRITION ASSISTANCE~~
535		-	PROGRAM;
	491	+	(15) The Commission shall limit the pilot program in such a way that the 13
	492	+	Commission may conduct a meaningful study of the pilot program and its results, including: 14
536	493
537		-	C. MEDICAID;
	494	+	(i) the appropriate number of community solar energy generating 15
	495	+	systems to be included in the pilot program; 16
538	496
539		-	D. HEAD START;
	497	+	(ii) the appropriate amount of generating capacity of the community 17
	498	+	solar energy generating systems to be included in the pilot program and the annual capacity 18
	499	+	limits for each program category, each of which should increase throughout the duration of 19
	500	+	the pilot program; and 20
540	501
541		-	E. FREE AND REDUCED PRI CE SCHOOL MEALS ;
	502	+	(iii) a variety of appropriate geographical areas in the State for 21
	503	+	locating community solar energy generating systems to be included in the pilot program]. 22
542	504
543		-	F. THE ~~FEDERAL LOW INCOME HOME ENERGY~~
544		-	~~ASSISTANCE PROGRAM;~~
	505	+	(e) On or before May 15, 2016, the Commission shall adopt regulations to 23
	506	+	implement this section, including regulations for: 24
545	507
546		-	G. EMPOWER MARYLAND LOW – OR
547		-	MODERATE–INCOME INCENTIVES ;
	508	+	(1) consumer protection; 25
548	509
549		-	H. TELEPHONE LIFELINE S ERVICE;
	510	+	(2) a tariff structure for an electric company to provide a subscriber with 26
	511	+	the kilowatt–hours or value of the subscriber’s subscription, as the Commission determines; 27
550	512
551		-	I. THE FUEL FUND OF MARYLAND; OR
	513	+	(3) a calculation for virtual net energy metering as the Commission 28
	514	+	determines; 29
552	515
553		-	J. ANY ADDITIONAL FEDER AL, STATE, OR LOCAL
554		-	ASSISTANCE PROGRAM T HAT THE COMMISSION DETERMINES WILL FURTHER THE
555		-	PURPOSES OF THE PROGRAM;
	516	+	(4) a protocol for electric companies, electricity suppliers, and subscriber 30
	517	+	organizations to communicate the information necessary to calculate and provide the 31 12 HOUSE BILL 908
556	518
557		-	3. PAY STUBS;
558	519
559		-	4. INCOME TAX DOCUMENTS ; WES MOORE, Governor Ch. 652
	520	+	monthly electric bill credits and yearly net excess generation payments required by this 1
	521	+	section; and 2
560	522
561		-	– 13 –
	523	+	(5) a protocol for a subscriber organization to coordinate with an electric 3
	524	+	company for the interconnection and commencement of operations of a community solar 4
	525	+	energy generating system. 5
562	526
563		-	5. PROOF OF RESIDENCE I N AN AFFORDABLE H OUSING
564		-	FACILITY;
	527	+	(F) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , TO IMPLEMENT 6
	528	+	THE PROGRAM, THE COMMISSION SHALL , ON OR BEFORE OCTOBER 1, 2024 7
	529	+	JANUARY 1, 2025, ADOPT REVISIONS TO T HE REGULATIONS ADOPT ED UNDER 8
	530	+	SUBSECTION (E) OF THIS SECTION FOR THE PILOT PROGRAM , INCLUDING REVISIONS 9
	531	+	THAT: 10
565	532
566		-	6. PROOF OF RESIDENCE W ITHIN A CENSUS TRACT THAT
567		-	IS:
	533	+	(I) REMOVE ALL PROGRAM CATEGORIES , PROJECT 11
	534	+	GENERATING CAPACITY LIMITS, YEARLY PROGRAMMATIC AND ELECTRIC 12
	535	+	COMPANY–SPECIFIC CAPACITY LIMITS , AND SUNSET DATES SO THAT THE TOTAL 13
	536	+	NUMBER AND CAPACITY OF COMMUNITY SOLAR E NERGY GENERATING SYS TEMS IS 14
	537	+	SUBJECT ONLY TO THE OVERALL LIMITATION F OR ALL NET METERING PROJECTS 15
	538	+	ESTABLISHED UNDER § 7–306(D) OF THIS SUBTITLE; 16
568	539
569		-	A. AN OVERBURDENED COMM UNITY; AND
	540	+	(II) AUTHORIZE ALL COMMUNITY SOLAR ENERGY GENERATING 17
	541	+	SYSTEMS, INCLUDING THOSE CONS TRUCTED DURING THE P ILOT PROGRAM , TO 18
	542	+	OPERATE AND GENERATE SUBSCRIPTION CREDITS UNTIL THE COMMUNITY SOLAR 19
	543	+	ENERGY GENERATING SY STEM IS DECOMMISSION ED; 20
570	544
571		-	B. AN UNDERSERVED COMMU NITY;
	545	+	(III) ADJUST CO–LOCATION RESTRICTION S TO COMPLY WITH 21
	546	+	SUBSECTION (D)(13) OF THIS SECTION; 22
572	547
573		-	7. ANY VERIFICATION MET HOD THAT WAS AVAILAB LE
574		-	UNDER THE PILOT PROG RAM; OR
	548	+	(IV) ALLOW A CUSTOMER SUBSCRIBER ORGANIZAT ION OR 23
	549	+	SUBSCRIPTION COORDIN ATOR TO VERIFY, WHEN SUBSCRIBING TO A COMMUNITY 24
	550	+	SOLAR ENERGY GENERAT ING SYSTEM, THE INCOME OF A PROSPECTIVE SUBSCRIBER 25
	551	+	FOR ELIGIBILITY AS A N LMI SUBSCRIBER UNDER THE PROGRAM BY USING ONE OF 26
	552	+	THE FOLLOWING METHOD S: 27
575	553
576		-	8. ~~ANY ADDITIONAL METHO DS APPROVED~~ BY THE
577		-	~~COMMISSION TO VERIFY INCOME~~;
	554	+	1. SELF–ATTESTATION BY THE PROSPECTIVE 28
	555	+	SUBSCRIBER THAT DOES NOT NEED T O BE UNDER OATH OR P ENALTY OF PERJURY ; 29
578	556
579		-	(V) REQUIRE ALL ELECTRIC COMPANIES TO USE :
	557	+	2. PROVIDING REQUIRING THE PROSPECTIVE 30
	558	+	SUBSCRIBER TO PROVID E EVIDENCE OF ELIGIBIL ITY FOR OR ENROLLMEN T IN AT 31
	559	+	LEAST ONE OF THE FOL LOWING GOVERNMENT AS SISTANCE PROGRAMS : 32
580	560
581		-	1. ~~BILL CREDITS APPLIED AS A REDUCTION IN ME TERED~~
582		-	~~KILOWATT–HOURS; OR~~
	561	+	A. THE MARYLAND ENERGY ASSISTANCE PROGRAM; 33
	562	+	HOUSE BILL 908 13
583	563
584		-	2. MONETARY BILL CREDITS THAT PROVIDE NOT LESS
585		-	THAN THE VALUE TO THE SUBSCRIBER OF THE CREDIT HAD IT BE EN APPLIED TO THE
586		-	SUBSCRIBER’S BILL AS A REDUCTIO N IN METERED KILOWAT T–HOURS; AND
587	564
588		-	(VI) ESTABLISH PROCEDURES FOR THE COMMISSION TO :
	565	+	B. THE SUPPLEMENTAL NUTRITION ASSISTANCE 1
	566	+	PROGRAM; 2
589	567
590		-	1. COLLECT DATA FROM SU BSCRIBER ORGANIZATIO NS,
591		-	WHEN APPLYING TO THE COMMISSION FOR ADMISSION T O THE PROGRAM, ON:
	568	+	C. MEDICAID; 3
592	569
593		-	A. THE TYPE AND QUANTIT Y OF FOREST COVER ON THE
594		-	SITE OF A PROPOSED C OMMUNITY SOLAR ENERG Y GENERATING SYSTEM ; AND
	570	+	D. HEAD START; 4
595	571
596		-	B. ANY ANTICIPATED IMPA CTS THAT THE
597		-	CONSTRUCTION OF THE PROPOSED COMMUNITY S OLAR ENERGY GENE RATING
598		-	SYSTEM WILL HAVE ON TREES AND FOREST COV ER AT THE SITE OF TH E PROPOSED
599		-	COMMUNITY SOLAR ENER GY GENERATING SYSTEM ; AND
	572	+	E. FREE AND REDUCED PRI CE SCHOOL MEALS ; 5
600	573
601		-	2. MAKE THE DATA COLLEC TED UNDER ITEM 1 OF THIS
602		-	ITEM AVAILABLE TO TH E PUBLIC IN A FORMAT AGGREGATED BY COUNTY .
603		-	Ch. 652 2023 LAWS OF MARYLAND
	574	+	F. THE FEDERAL LOW INCOME HOME ENERGY 6
	575	+	ASSISTANCE PROGRAM; 7
604	576
605		-	– 14 –
606		-	(2) ON OR BEFORE OCTOBER 1, 2024 JULY 1, 2025, THE COMMISSION
607		-	SHALL APPROVE ELECTR IC COMPANY TARIFF MO DIFICATIONS THAT ARE
608		-	CONSISTENT WITH THE REGULATIONS ADOPTED UNDER THIS SUBSECTIO N.
	577	+	G. EMPOWER MARYLAND LOW – OR 8
	578	+	MODERATE–INCOME INCENTIVES ; 9
609	579
610		-	(G) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , ON OR BEFORE
611		-	APRIL JULY 1, 2025, THE COMMISSION SHALL ADOP T REGULATIONS THAT :
	580	+	H. TELEPHONE LIFELINE S ERVICE; 10
612	581
613		-	(I) IMPLEMENT CONSOLIDAT ED BILLING BY ELECTR IC
614		-	COMPANIES THAT MUST BE IN EFFE CT BY JANUARY 1, 2026, INCLUDING PROTOCOLS
615		-	FOR PURCHASE OF RECEIVAB LES PROTOCOLS OR NET CREDITING ;
	582	+	I. THE FUEL FUND OF MARYLAND; OR 11
616	583
617		-	(II) REQUIRE ALL ELECTRIC COMPANI ES TO REPORT BILLING
618		-	AND CREDITING ERRORS TO THE COMMISSION ON A REGUL AR SCHEDULE ;
	584	+	J. ANY ADDITIONAL FEDER AL, STATE, OR LOCAL 12
	585	+	ASSISTANCE PROGRAM T HAT THE COMMISSION DETERMINES WILL FURTHER THE 13
	586	+	PURPOSES OF THE PROGRAM; 14
619	587
620		-	(III) IMPOSE SPECIFIC TIMI NG REQUIREMENTS FOR
621		-	APPLICATION OF BILL CREDITS TO SUBSCRIBE R BILLS AND APPLICAT ION OF
622		-	ROLLOVER CREDITS ;
	588	+	3. PAY STUBS; 15
623	589
624		-	(IV) IMPLEMENT DATA EXCHANGE PROTOC OLS FOR ELECTRIC
625		-	COMPANIES, SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS,
626		-	INCLUDING REQUIRED D ATA FIELDS FOR ELECT RIC COMPANY ALLOCATI ON
627		-	REPORTS;
	590	+	4. INCOME TAX DOCUMENTS ; 16
628	591
629		-	(V) FOR SUBSCRIBERS ENRO LLED IN BUDGET BILLI NG,
630		-	REQUIRE ELECTRIC COM PANIES TO APPLY COMMUNITY S OLAR CREDITS TO THE
631		-	MONTHLY AMOUNT DUE R ATHER THAN THE UNDER LYING BALANCE ;
	592	+	5. PROOF OF RESIDENCE I N AN AFFORDABLE HOUSING 17
	593	+	FACILITY; 18
632	594
633		-	~~(VI) REQUIRE ALL ELECTRIC COMPANIES TO SHOW AP PLIED AND~~
634		-	~~BANKED CREDITS ON EA CH BILL RENDERED TO A SUBSCRIBER; AND~~
	595	+	6. PROOF OF RESIDENCE W ITHIN A CENSUS TRACT THAT 19
	596	+	IS: 20
635	597
636		-	(VII) IMPLEMENT ANY ADDITI ONAL CHANGES THE COMMISSION
637		-	DETERMINES WILL IMPR OVE BILLING AND CRED ITING PROCESSES FOR
638		-	SUBSCRIBERS , SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS.
	598	+	A. AN OVERBURDENED COMM UNITY; AND 21
639	599
640		-	(2) ON OR BEFORE APRIL 1, 2025 JANUARY 1, 2026, THE
641		-	COMMISSION SHALL APPR OVE ELECTRIC COMPANY TARIFF MODIFI CATIONS THAT
642		-	ARE CONSISTENT WITH THE REGULATIONS ADOP TED UNDER THIS SUBSE CTION.
	600	+	B. AN UNDERSERVED COMMU NITY; 22
643	601
644		-	(H) THE COMMISSION SHALL CONV ENE A STAKEHOLDER WO RKGROUP TO
645		-	PROVIDE RECOMMENDATI ONS REGARDING THE RE GULATIONS TO BE ADOP TED BY
646		-	THE COMMISSION UNDER SUBS ECTIONS (F) AND (G) OF THIS SECTION.
647		-	WES MOORE, Governor Ch. 652
	602	+	7. ANY VERIFICATION MET HOD THAT WAS AVAILAB LE 23
	603	+	UNDER THE PILOT PROG RAM; OR 24
648	604
649		-	– 15 –
650		-	(I) THE COMMISSION SHALL CONS IDER AND IMPLEMENT M ETHODOLOGIES
651		-	TO ALLOW THE TENANTS OF MASTER –METERED RESIDENTIAL FACILITIES TO
652		-	PARTICIPATE IN THE PROGRAM AND BENEFIT D IRECTLY FROM ANY ASS OCIATED
653		-	ELECTRIC BILL SAVING S.
	605	+	8. ANY ADDITIONAL METHO DS APPROVED BY THE 25
	606	+	COMMISSION TO VERIFY INCOME; 26
654	607
655		-	[(f)] (J) (1) Subject to regulations or orders of the Commission, a contract
656		-	relating to a community solar energy generating system [or], subscriber organization, OR
657		-	SUBSCRIPTION COORDIN ATOR that is entered into during the pilot program OR THE
658		-	PROGRAM shall remain in effect according to the terms of the contract, including after the
659		-	termination of the pilot program OR THE PROGRAM.
	608	+	(V) REQUIRE ALL ELECTRIC COMPANIES TO USE : 27 14 HOUSE BILL 908
660	609
661		-	(2) [(i) This paragraph applies to electric companies, electric
662		-	cooperatives, and municipal utilities that participate in the Program.
663	610
664		-	(ii) A subscriber who has a change in the service address associated
665		-	with the subscriber’s subscription may maintain the subscription for the new address if the
666		-	new address is within the same electric territory as the old address.
667	611
668		-	(iii) An electric company or a subscriber organization may not
669		-	terminate a subscriber’s subscription due to a change of address for the service address
670		-	associated with the subscription if the requirements under subparagraph (ii) of this
671		-	paragraph are met.
	612	+	1. BILL CREDITS APPLIED AS A REDUCTION IN ME TERED 1
	613	+	KILOWATT–HOURS; OR 2
672	614
673		-	(iv) An electric company shall make any changes necessary to
674		-	accommodate a subscriber’s change of address on notification by a subscriber organization.
	615	+	2. MONETARY BILL CREDITS THAT PROVIDE NOT LESS 3
	616	+	THAN THE VALUE TO THE SUBSCRIBER OF THE CREDIT HAD IT BE EN APPLIED TO THE 4
	617	+	SUBSCRIBER’S BILL AS A REDUCTIO N IN METERED KILOWAT T–HOURS; AND 5
675	618
676		-	(g) (3) After termination of the pilot program,] ON AND AFTER OCTOBER 1,
677		-	2023, in accordance with the operational and billing requirements in subsection (d) of this
678		-	section:
	619	+	(VI) ESTABLISH PROCEDURES FOR THE COMMISSION TO : 6
679	620
680		-	[(1)] (I) a subscriber organization may continue the operation of a
681		-	community solar energy generating system that began operation during the pilot program,
682		-	including the creation and trading of subscriptions; and
	621	+	1. COLLECT DATA FROM SU BSCRIBER ORGANIZATIO NS, 7
	622	+	WHEN APPLYING TO THE COMMISSION FOR ADMISSION T O THE PROGRAM, ON: 8
683	623
684		-	[(2)] (II) in accordance with the tariffs established under [subsection]
685		-	SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section, an electric company shall continue
686		-	to facilitate the operation of a community solar energy generating system that began
687		-	operation during the pilot program.
	624	+	A. THE TYPE AND QUANTIT Y OF FOREST COVER ON THE 9
	625	+	SITE OF A PROPOSED C OMMUNITY SOLAR ENERG Y GENERATING SYSTEM ; AND 10
688	626
689		-	[(h)] (K) The cumulative installed nameplate capacity under the pilot program
690		-	AND THE PROGRAM shall count toward the overall limitation for all net metering projects
691		-	established under § 7–306(d) of this subtitle.
	627	+	B. ANY ANTICIPATED IMPA CTS THAT THE 11
	628	+	CONSTRUCTION OF THE PROPOSED COMMUNITY S OLAR ENERGY GENERATING 12
	629	+	SYSTEM WILL HAVE ON TREES AND FOREST COV ER AT THE SITE OF TH E PROPOSED 13
	630	+	COMMUNITY SOLAR ENER GY GENERATING SYSTEM ; AND 14
692	631
693		-	~~(L) (~~1~~) (I) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION~~
694		-	~~COORDINATOR MAY NOT REQUIRE AN LMI SUBSCRIBER~~ TO ~~UNDERG O~~ A ~~CREDIT Ch.~~ ~~652 2023 LAWS OF MARYLAND~~
	632	+	2. MAKE THE DATA COLLEC TED UNDER ITEM 1 OF THIS 15
	633	+	ITEM AVAILABLE TO TH E PUBLIC IN A FORMAT AGGREGATED BY COUNTY . 16
695	634
696		-	~~– 16 –~~
697		-	~~CHECK OR PAY A SIGN –UP~~ ~~FEE TO SUBSCRIBE TO A COMMUNITY SOLAR ENERGY~~
698		-	~~GENERATING SYSTEM~~ .
	635	+	(2) ON OR BEFORE OCTOBER 1, 2024 JULY 1, 2025, THE COMMISSION 17
	636	+	SHALL APPROVE ELECTR IC COMPANY TARIFF MO DIFICATIONS THAT ARE 18
	637	+	CONSISTENT WITH THE REGULATIONS ADOPTED UNDER THIS SUBSECTIO N. 19
699	638
700		-	(II) ~~A SUBSCRIBER ORGANIZATION~~ OR ~~SUBS CRIPTION~~
701		-	~~COORDINATOR~~ SHALL :
	639	+	(G) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , ON OR BEFORE 20
	640	+	APRIL JULY 1, 2025, THE COMMISSION SHALL ADOP T REGULATIONS THAT : 21
702	641
703		-	1. VERIFY THE ELIGIBILI TY OF AN LMI SUBSCRIBER IN
704		-	ACCORDANCE WITH SUBS ECTION (F)(1)(IV) OF THIS SECTION; AND
	642	+	(I) IMPLEMENT CONSOLIDAT ED BILLING BY ELECTR IC 22
	643	+	COMPANIES THAT MUST BE IN EFFE CT BY JANUARY 1, 2026, INCLUDING PROTOCOLS 23
	644	+	FOR PURCHASE OF RECEIVAB LES PROTOCOLS OR NET CREDITING ; 24
705	645
706		-	2. RETAIN RECORDS OF EA CH DETERMINATION OF
707		-	ELIGIBILITY FOR AN LMI SUBSCRIBER TO BE MAD E AVAILABLE TO THE
708		-	COMMISSION ON REQUEST .
	646	+	(II) REQUIRE ALL ELECTRIC COMPANI ES TO REPORT BILLING 25
	647	+	AND CREDITING ERRORS TO THE COMMISSION ON A REGUL AR SCHEDULE ; 26
709	648
710		-	(2) A SUBSCRIBER WHO A SUB SCRIBER ORGANIZATION DETERMINED
711		-	WAS ELIGIBLE TO PART ICIPATE AS A LOW –INCOME OR MODERATE –INCOME
712		-	SUBSCRIBER UNDER THE PILOT PROGRAM SHALL REMAIN ELIGIBLE AS A N LMI
713		-	SUBSCRIBER UNDER THE PROGRAM.
	649	+	(III) IMPOSE SPECIFIC TIMI NG REQUIREMENTS FOR 27
	650	+	APPLICATION OF BILL CREDITS TO SUBSCRIBE R BILLS AND APPLICAT ION OF 28
	651	+	ROLLOVER CREDITS ; 29
714	652
715		-	(3) (I) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM
716		-	CONSTRUCTED UNDER TH E PILOT PROGRAM IN A CATEGORY REQUIRING T HAT AT
717		-	LEAST 30% OF ITS KILOWATT –HOUR OUTPUT SERVE LO W–INCOME OR
718		-	MODERATE–INCOME SUBSCRIBERS S HALL CONTINUE TO SER VE AT LEAST 30% OF
719		-	ITS KILOWATT –HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME
720		-	SUBSCRIBERS .
	653	+	(IV) IMPLEMENT DATA EXCHANGE PROTOC OLS FOR ELECTRIC 30
	654	+	COMPANIES, SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS, 31 HOUSE BILL 908 15
721	655
722		-	(II) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM
723		-	CONSTRUCTED UNDER TH E PILOT PROGRAM IN A CATEGORY REQUIRING T HAT AT
724		-	LEAST 51% OF ITS KILOWATT –HOUR OUTPUT SERVE LO W–INCOME OR
725		-	MODERATE–INCOME SUBSCRIBERS S HALL CONTINUE TO SER VE AT LEAST 51% OF
726		-	ITS KILOWATT –HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME
727		-	SUBSCRIBERS .
728	656
729		-	~~(M) (~~1~~) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR~~
730		-	~~MAY NOT CHARGE :~~
	657	+	INCLUDING REQUIRED D ATA FIELDS FOR ELECT RIC COMPANY ALLOCATI ON 1
	658	+	REPORTS; 2
731	659
732		-	(I) A RESIDENTIAL SUBSCR IBER WHO IS NOT PARTICIPATING IN
733		-	CONSOLIDATED BILLING A SUBSCRIPTION RATE THAT IS MORE THAN TH E
734		-	MONETARY VALUE OF TH E BILL CREDIT ON A B ILL ISSUED BY THE EL ECTRIC
735		-	COMPANY TO THE SUBSC RIBER FOR ELECTRIC S ERVICE; OR
	660	+	(V) FOR SUBSCRIBERS ENRO LLED IN BUDGET BILLI NG, 3
	661	+	REQUIRE ELECTRIC COM PANIES TO APPLY COMMUNITY S OLAR CREDITS TO THE 4
	662	+	MONTHLY AMOUNT DUE R ATHER THAN THE UNDER LYING BALANCE ; 5
736	663
737		-	(II) AN LMI SUBSCRIBER A SUBSCRI PTION RATE THAT IS M ORE
738		-	THAN 90% OF THE MONETARY VALU E OF THE BILL CREDIT ON A BILL ISSUED BY THE
739		-	ELECTRIC COMPANY TO THE SUBSCRIBER FOR E LECTRIC SERVICE . WES MOORE, Governor Ch. 652
	664	+	(VI) REQUIRE ALL ELECTRIC COMPANIES TO SHOW AP PLIED AND 6
	665	+	BANKED CREDITS ON EA CH BILL RENDERED TO A SUBSCRIBER; AND 7
740	666
741		-	– 17 –
	667	+	(VII) IMPLEMENT ANY ADDITI ONAL CHANGES THE COMMISSION 8
	668	+	DETERMINES WILL IMPR OVE BILLING AND CRED ITING PROCESSES FOR 9
	669	+	SUBSCRIBERS , SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS. 10
742	670
743		-	(N) (2) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR
744		-	THAT ELECTS FOR A SU BSCRIBER TO PARTICIP ATE IN CONSOLIDATED BILLING MAY
745		-	NOT SET A SUBSCRIPTI ON CHARGE THAT IS MO RE THAN THE MONETARY VALUE OF
746		-	THE BILL CREDIT ON A BILL ISSUED BY THE E LECTRIC COMPANY TO T HE
747		-	SUBSCRIBER.
	671	+	(2) ON OR BEFORE APRIL 1, 2025 JANUARY 1, 2026, THE 11
	672	+	COMMISSION SHALL APPR OVE ELECTRIC COMPANY TARIFF MODIFI CATIONS THAT 12
	673	+	ARE CONSISTENT WITH THE REGULATIONS ADOP TED UNDER THIS SUBSE CTION. 13
748	674
749		-	(O) (N) THE DEVELOPER OF A CO MMUNITY SOLAR ENERGY GENERATING
750		-	SYSTEM WITH A GENERATING CAPACITY OVER 1 MEGAWATT , AS MEASURED IN
751		-	ALTERNATING CURRENT , SHALL ENSURE THAT WO RKERS ARE PAID NOT L ESS THAN
752		-	THE PREVAILING WAGE RATE DETERMINED UNDE R TITLE 17, SUBTITLE 2 OF THE
753		-	STATE FINANCE AND PROCUREMENT ARTICLE, UNLESS THE COMMUNITY SOLAR
754		-	ENERGY GENERATING SY STEM IS SUBJECT TO A PROJECT LABOR AGREEM ENT THAT:
	675	+	(H) THE COMMISSION SHALL CONV ENE A STAKEHOLDER WO RKGROUP TO 14
	676	+	PROVIDE RECOMMENDATI ONS REGARDING THE RE GULATIONS TO BE ADOP TED BY 15
	677	+	THE COMMISSION UNDER SUBS ECTIONS (F) AND (G) OF THIS SECTION. 16
755	678
756		-	(1) ~~BINDS ALL CONTRACTOR S~~ AND ~~SUBCONTRACTORS ON THE~~
757		-	~~COMMUNITY SOLAR ENER GY GENERATING SYSTEM THROUGH~~ THE ~~INCLUSIO N~~ OF
758		-	~~SPECIFICATIONS~~ IN ~~AL L RELEVANT SOLICITAT ION PROVISIONS~~ AND ~~C ONTRACT~~
759		-	~~DOCUMENTS ;~~
	679	+	(I) THE COMMISSION SHALL CONS IDER AND IMPLEMENT M ETHODOLOGIES 17
	680	+	TO ALLOW THE TENANTS OF MASTER –METERED RESIDENTIAL FACILITIES TO 18
	681	+	PARTICIPATE IN THE PROGRAM AND BENEFIT D IRECTLY FROM ANY ASS OCIATED 19
	682	+	ELECTRIC BILL SAVING S. 20
760	683
761		-	(2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTOR S TO COMPETE
762		-	FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO
763		-	WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARGAINING
764		-	AGREEMENTS ;
	684	+	[(f)] (J) (1) Subject to regulations or orders of the Commission, a contract 21
	685	+	relating to a community solar energy generating system [or], subscriber organization, OR 22
	686	+	SUBSCRIPTION COORDIN ATOR that is entered into during the pilot program OR THE 23
	687	+	PROGRAM shall remain in effect according to the terms of the contract, including after the 24
	688	+	termination of the pilot program OR THE PROGRAM. 25
765	689
766		-	(3) ~~ESTABLISHES UNIFORM TERMS AND CONDIT IONS OF~~
767		-	~~EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EM PLOYED ON~~ THE ~~PROJEC TS;~~
	690	+	(2) [(i) This paragraph applies to electric companies, electric 26
	691	+	cooperatives, and municipal utilities that participate in the Program. 27
768	692
769		-	(4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB
770		-	DISRUPTIONS;
	693	+	(ii) A subscriber who has a change in the service address associated 28
	694	+	with the subscriber’s subscription may maintain the subscription for the new address if the 29
	695	+	new address is within the same electric territory as the old address. 30
771	696
772		-	(5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING
773		-	LABOR DISPUTES ; AND
	697	+	(iii) An electric company or a subscriber organization may not 31
	698	+	terminate a subscriber’s subscription due to a change of address for the service address 32
	699	+	associated with the subscription if the requirements under subparagraph (ii) of this 33
	700	+	paragraph are met. 34
	701	+	16 HOUSE BILL 908
774	702
775		-	(6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED B Y THE PARTIES
776		-	TO PROMOTE SUCCESSFU L DELIVERY OF THE CO MMUNITY SOLAR ENERGY
777		-	GENERATING SYSTEM .
778	703
779		-	Article – Tax – Property
	704	+	(iv) An electric company shall make any changes necessary to 1
	705	+	accommodate a subscriber’s change of address on notification by a subscriber organization. 2
780	706
781		-	7–237.
	707	+	(g) (3) After termination of the pilot program,] ON AND AFTER OCTOBER 1, 3
	708	+	2023, in accordance with the operational and billing requirements in subsection (d) of this 4
	709	+	section: 5
782	710
783		-	(a) ~~Except as provided in subsection (b)~~ of ~~this section,~~ ~~personal property is~~
784		-	~~exempt from property tax if~~ the ~~property is machinery or equipment used to generate:~~
785		-	~~Ch.~~ ~~652 2023 LAWS~~ OF ~~MARYLAND~~
	711	+	[(1)] (I) a subscriber organization may continue the operation of a 6
	712	+	community solar energy generating system that began operation during the pilot program, 7
	713	+	including the creation and trading of subscriptions; and 8
786	714
787		-	– 18 –
788		-	(1) electricity or steam for sale; or
	715	+	[(2)] (II) in accordance with the tariffs established under [subsection] 9
	716	+	SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section, an electric company shall continue 10
	717	+	to facilitate the operation of a community solar energy generating system that began 11
	718	+	operation during the pilot program. 12
789	719
790		-	(2) hot or chilled water for sale that is used to heat or cool a building.
	720	+	[(h)] (K) The cumulative installed nameplate capacity under the pilot program 13
	721	+	AND THE PROGRAM shall count toward the overall limitation for all net metering projects 14
	722	+	established under § 7–306(d) of this subtitle. 15
791	723
792		-	(b) Subject to § 7–514 of this title, and except as provided in subsection (c) of this
793		-	section, personal property that is machinery or equipment described in subsection (a) of
794		-	this section is subject to county or municipal corporation property tax on:
	724	+	(L) (1) (I) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION 16
	725	+	COORDINATOR MAY NOT REQUIRE AN LMI SUBSCRIBER TO UNDERG O A CREDIT 17
	726	+	CHECK OR PAY A SIGN –UP FEE TO SUBSCRIBE TO A COMMUNITY SOLAR ENERGY 18
	727	+	GENERATING SYSTEM . 19
795	728
796		-	(1) 75% of its value for the taxable year beginning July 1, 2000; and
	729	+	(II) A SUBSCRIBER ORGANIZATION OR SUBS CRIPTION 20
	730	+	COORDINATOR SHALL : 21
797	731
798		-	~~(2) 50%~~ of ~~its value for the taxable year beginning July 1, 2001 and each~~
799		-	~~subsequent taxable year.~~
	732	+	1. VERIFY THE ELIGIBILI TY OF AN LMI SUBSCRIBER IN 22
	733	+	ACCORDANCE WITH SUBS ECTION (F)(1)(IV) OF THIS SECTION; AND 23
800	734
801		-	(c) (1) (i) In this subsection the following words have the meanings
802		-	indicated.
	735	+	2. RETAIN RECORDS OF EA CH DETERMINATION OF 24
	736	+	ELIGIBILITY FOR AN LMI SUBSCRIBER TO BE MAD E AVAILABLE TO THE 25
	737	+	COMMISSION ON REQUEST . 26
803	738
804		-	(ii) “Agrivoltaics” means the simultaneous use of areas of land for
805		-	both solar power generation and agriculture.
	739	+	(2) A SUBSCRIBER WHO A SUB SCRIBER ORGANIZATION DETERMINED 27
	740	+	WAS ELIGIBLE TO PART ICIPATE AS A LOW –INCOME OR MODERATE –INCOME 28
	741	+	SUBSCRIBER UNDER THE PILOT PROGRAM SHALL REMAIN ELIGIBLE AS A N LMI 29
	742	+	SUBSCRIBER UNDER THE PROGRAM. 30
806	743
807		-	(iii) “Brownfield” means:
	744	+	(3) (I) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM 31
	745	+	CONSTRUCTED UNDER TH E PILOT PROGRAM IN A CATEGORY REQUIRING T HAT AT 32
	746	+	LEAST 30% OF ITS KILOWATT –HOUR OUTPUT SERVE LO W–INCOME OR 33
	747	+	MODERATE–INCOME SUBSCRIBERS S HALL CONTINUE TO SER VE AT LEAST 30% OF 34 HOUSE BILL 908 17
808	748
809		-	1. a former industrial or commercial site identified by federal
810		-	or State laws or regulations as contaminated or polluted; or
811	749
812		-	2. ~~a closed municipal~~ or ~~rubble landfill regulated under a~~
813		-	~~refuse disposal permit by the Department of the Environment~~.
	750	+	ITS KILOWATT –HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME 1
	751	+	SUBSCRIBERS . 2
814	752
815		-	(iv) “Community solar energy generating system” has the meaning
816		-	stated in § 7–306.2 of the Public Utilities Article.
	753	+	(II) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM 3
	754	+	CONSTRUCTED UNDER TH E PILOT PROGRAM IN A CATEGORY REQUIRING T HAT AT 4
	755	+	LEAST 51% OF ITS KILOWATT –HOUR OUTPUT SERVE LO W–INCOME OR 5
	756	+	MODERATE–INCOME SUBSCRIBERS S HALL CONTINUE TO SER VE AT LEAST 51% OF 6
	757	+	ITS KILOWATT –HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME 7
	758	+	SUBSCRIBERS . 8
817	759
818		-	(v) ~~“Electric company”~~ ~~has the meaning stated in § 1–101 of the~~
819		-	~~Public Utilities Article.~~
	760	+	(M) (1) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 9
	761	+	MAY NOT CHARGE : 10
820	762
821		-	(2) This subsection applies through the life cycle of a community solar
822		-	energy generating system that:
	763	+	(I) A RESIDENTIAL SUBSCR IBER WHO IS NOT PARTICIPATING IN 11
	764	+	CONSOLIDATED BILLING A SUBSCRIPTION RATE THAT IS MORE THAN TH E 12
	765	+	MONETARY VALUE OF TH E BILL CREDIT ON A B ILL ISSUED BY THE EL ECTRIC 13
	766	+	COMPANY TO THE SUBSC RIBER FOR ELECTRIC S ERVICE; OR 14
823	767
824		-	(i) is placed in service after June 30, 2022; and
	768	+	(II) AN LMI SUBSCRIBER A SUBSCRI PTION RATE THAT IS M ORE 15
	769	+	THAN 90% OF THE MONETARY VALU E OF THE BILL CREDIT ON A BILL ISSUED BY THE 16
	770	+	ELECTRIC COMPANY TO THE SUBSCRIBER FOR E LECTRIC SERVICE . 17
825	771
826		-	(ii) has been approved on or before December 31, 2025, by the Public
827		-	Service Commission under § 7–306.2 of the Public Utilities Article.
	772	+	(N) (2) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 18
	773	+	THAT ELECTS FOR A SU BSCRIBER TO PARTICIP ATE IN CONSOLIDATED BILLING MAY 19
	774	+	NOT SET A SUBSCRIPTI ON CHARGE THAT IS MO RE THAN THE MONETARY VALUE OF 20
	775	+	THE BILL CREDIT ON A BILL ISSUED BY THE E LECTRIC COMPANY TO T HE 21
	776	+	SUBSCRIBER. 22
828	777
829		-	(3) Personal property is exempt from county or municipal corporation
830		-	property tax if the property is machinery or equipment that is part of a community solar
831		-	energy generating system that:
832		-	WES MOORE, Governor Ch. 652
	778	+	(O) (N) THE DEVELOPER OF A CO MMUNITY SOLAR ENERGY GENERATING 23
	779	+	SYSTEM WITH A GENERA TING CAPACITY OVER 1 MEGAWATT , AS MEASURED IN 24
	780	+	ALTERNATING CURRENT , SHALL ENSURE THAT WO RKERS ARE PAID NOT L ESS THAN 25
	781	+	THE PREVAILING WAGE RATE DETERMINED UNDE R TITLE 17, SUBTITLE 2 OF THE 26
	782	+	STATE FINANCE AND PROCUREMENT ARTICLE, UNLESS THE COMMUNITY SOLAR 27
	783	+	ENERGY GENERATING SYSTEM IS SUBJECT TO A PROJECT LABOR AGREEMENT THAT : 28
833	784
834		-	– 19 –
835		-	(i) [as defined in regulation of the Public Service Commission, is
836		-	part of a community solar generating system that:
	785	+	(1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE 29
	786	+	COMMUNITY SOLAR ENER GY GENERATING SYSTEM THROUGH THE INCLUSIO N OF 30
	787	+	SPECIFICATIONS IN AL L RELEVANT SOLICITAT ION PROVISIONS AND C ONTRACT 31
	788	+	DOCUMENTS; 32
837	789
838		-	1.] has a generating capacity that does not exceed 2
839		-	megawatts as measured by the alternating current rating of the system’s inverter; [and
	790	+	(2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTOR S TO COMPETE 33
	791	+	FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO 34
	792	+	WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARGAINING 35
	793	+	AGREEMENTS ; 36 18 HOUSE BILL 908
840	794
841		-	2.] (II) provides at least 50% of the energy it produces to
842		-	low– or moderate–income customers at a cost that is at least 20% less than the amount
843		-	charged by the electric company that serves the area where the community solar energy
844		-	generating system is located; and
845	795
846		-	[(ii)] (III) 1. is used for agrivoltaics; or
847	796
848		-	~~2. is installed on a rooftop,~~ ~~brownfield, parking facility~~
849		-	~~canopy, landfill,~~ ~~or clean fill.~~
	797	+	(3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF 1
	798	+	EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EM PLOYED ON THE PROJEC TS; 2
850	799
851		-	(4) [Personal property that receives an exemption under this subsection is
852		-	exempt from county or municipal corporation property tax for each taxable year in which
853		-	the property continues to meet the requirements for the exemption under paragraph (3) of
854		-	this subsection.
	800	+	(4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB 3
	801	+	DISRUPTIONS; 4
855	802
856		-	(5) The supervisor of a county or municipal corporation may not accept an
857		-	application from a property owner for the exemption under this subsection after December
858		-	31, 2024.
	803	+	(5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING 5
	804	+	LABOR DISPUTES ; AND 6
859	805
860		-	(6)] On or before October 1 each year, the Department shall report to the
861		-	Senate Budget and Taxation Committee and the House Ways and Means Committee, in
862		-	accordance with § 2–1257 of the State Government Article, on the number and location of
863		-	projects that, in the immediately preceding taxable year, have received the exemption
864		-	under this subsection.
	806	+	(6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED BY THE PA RTIES 7
	807	+	TO PROMOTE SUCCESSFU L DELIVERY OF THE CO MMUNITY SOLAR ENERGY 8
	808	+	GENERATING SYSTEM . 9
865	809
866		-	SECTION 2. AND BE IT FURTHER ENACTED, That a Position Identification
867		-	Number shall be created in the Public Service Commission for a full–time position that will
868		-	focus only on implementing and administering the Community Solar Energy Generating
869		-	Systems Program under § 7–306.2 of the Public Utilities Article, as enacted under Section
870		-	1 of this Act.
	810	+	Article – Tax – Property 10
871	811
872		-	SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding any other
873		-	law, all regulations adopted under § 7–306.2(e) of the Public Utilities Article for the
874		-	operation of the Community Solar Energy Generating Systems Pilot Program before the
875		-	effective date of this Act shall continue in effect until amended or repealed.
	812	+	7–237. 11
876	813
877		-	SECTION 4. AND BE IT FURTHER ENACTED, That the prevailing wage and
878		-	project labor agreement required under § 7–306.2(o) § 7–306.2(n) of the Public Utilities
879		-	Article, as enacted by Section 1 of this Act, shall be construed to apply only prospectively
880		-	and may not be applied or interpreted to have any effect on or application to any community Ch. 652 2023 LAWS OF MARYLAND
	814	+	(a) Except as provided in subsection (b) of this section, personal property is 12
	815	+	exempt from property tax if the property is machinery or equipment used to generate: 13
881	816
882		-	– 20 –
883		-	solar energy generating system, as defined in § 7–306.2(a)(4) of the Public Utilities Article,
884		-	as enacted by Section 1 of this Act, that received a queue position in the Pilot Program, as
885		-	defined in § 7–306.2(a)(11) of the Public Utilities Article, as enacted by Section 1 of this Act,
886		-	before January 1, 2025.
	817	+	(1) electricity or steam for sale; or 14
887	818
888		-	SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect
889		-	October July 1, 2023.
	819	+	(2) hot or chilled water for sale that is used to heat or cool a building. 15
890	820
891		-	Approved by the Governor, May 16, 2023.
	821	+	(b) Subject to § 7–514 of this title, and except as provided in subsection (c) of this 16
	822	+	section, personal property that is machinery or equipment described in subsection (a) of 17
	823	+	this section is subject to county or municipal corporation property tax on: 18
	824	+
	825	+	(1) 75% of its value for the taxable year beginning July 1, 2000; and 19
	826	+
	827	+	(2) 50% of its value for the taxable year beginning July 1, 2001 and each 20
	828	+	subsequent taxable year. 21
	829	+
	830	+	(c) (1) (i) In this subsection the following words have the meanings 22
	831	+	indicated. 23
	832	+
	833	+	(ii) “Agrivoltaics” means the simultaneous use of areas of land for 24
	834	+	both solar power generation and agriculture. 25
	835	+
	836	+	(iii) “Brownfield” means: 26
	837	+
	838	+	1. a former industrial or commercial site identified by federal 27
	839	+	or State laws or regulations as contaminated or polluted; or 28
	840	+	HOUSE BILL 908 19
	841	+
	842	+
	843	+	2. a closed municipal or rubble landfill regulated under a 1
	844	+	refuse disposal permit by the Department of the Environment. 2
	845	+
	846	+	(iv) “Community solar energy generating system” has the meaning 3
	847	+	stated in § 7–306.2 of the Public Utilities Article. 4
	848	+
	849	+	(v) “Electric company” has the meaning stated in § 1–101 of the 5
	850	+	Public Utilities Article. 6
	851	+
	852	+	(2) This subsection applies through the life cycle of a community solar 7
	853	+	energy generating system that: 8
	854	+
	855	+	(i) is placed in service after June 30, 2022; and 9
	856	+
	857	+	(ii) has been approved on or before December 31, 2025, by the Public 10
	858	+	Service Commission under § 7–306.2 of the Public Utilities Article. 11
	859	+
	860	+	(3) Personal property is exempt from county or municipal corporation 12
	861	+	property tax if the property is machinery or equipment that is part of a community solar 13
	862	+	energy generating system that: 14
	863	+
	864	+	(i) [as defined in regulation of the Public Service Commission, is 15
	865	+	part of a community solar generating system that: 16
	866	+
	867	+	1.] has a generating capacity that does not exceed 2 17
	868	+	megawatts as measured by the alternating current rating of the system’s inverter; [and 18
	869	+
	870	+	2.] (II) provides at least 50% of the energy it produces to 19
	871	+	low– or moderate–income customers at a cost that is at least 20% less than the amount 20
	872	+	charged by the electric company that serves the area where the community solar energy 21
	873	+	generating system is located; and 22
	874	+
	875	+	[(ii)] (III) 1. is used for agrivoltaics; or 23
	876	+
	877	+	2. is installed on a rooftop, brownfield, parking facility 24
	878	+	canopy, landfill, or clean fill. 25
	879	+
	880	+	(4) [Personal property that receives an exemption under this subsection is 26
	881	+	exempt from county or municipal corporation property tax for each taxable year in which 27
	882	+	the property continues to meet the requirements for the exemption under paragraph (3) of 28
	883	+	this subsection. 29
	884	+
	885	+	(5) The supervisor of a county or municipal corporation may not accept an 30
	886	+	application from a property owner for the exemption under this subsection after December 31
	887	+	31, 2024. 32
	888	+	20 HOUSE BILL 908
	889	+
	890	+
	891	+	(6)] On or before October 1 each year, the Department shall report to the 1
	892	+	Senate Budget and Taxation Committee and the House Ways and Means Comm ittee, in 2
	893	+	accordance with § 2–1257 of the State Government Article, on the number and location of 3
	894	+	projects that, in the immediately preceding taxable year, have received the exemption 4
	895	+	under this subsection. 5
	896	+
	897	+	SECTION 2. AND BE IT FURTHER ENACTED, That a P osition Identification 6
	898	+	Number shall be created in the Public Service Commission for a full–time position that will 7
	899	+	focus only on implementing and administering the Community Solar Energy Generating 8
	900	+	Systems Program under § 7–306.2 of the Public Utilities Article, as enacted under Section 9
	901	+	1 of this Act. 10
	902	+
	903	+	SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding any other 11
	904	+	law, all regulations adopted under § 7–306.2(e) of the Public Utilities Article for the 12
	905	+	operation of the Community Solar Energy Generating Systems Pilot Program before the 13
	906	+	effective date of this Act shall continue in effect until amended or repealed. 14
	907	+
	908	+	SECTION 4. AND BE IT FURTHER ENACTED, That the prevailing wage and 15
	909	+	project labor agreement required under § 7–306.2(o) § 7–306.2(n) of the Public Utilities 16
	910	+	Article, as enacted by Section 1 of this Act, shall be construed to apply only prospectively 17
	911	+	and may not be applied or interpreted to have any effect on or application to any community 18
	912	+	solar energy generating system, as defined in § 7–306.2(a)(4) of the Public Utilities Article, 19
	913	+	as enacted by Section 1 of this Act, that received a queue position in the Pilot Program, as 20
	914	+	defined in § 7–306.2(a)(11) of the Public Utilities Article, as enacted by Section 1 of this Act, 21
	915	+	before January 1, 2025. 22
	916	+
	917	+	SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
	918	+	October July 1, 2023. 24
	919	+
	920	+
	921	+
	922	+
	923	+
	924	+	Approved:
	925	+	________________________________________________________________________________
	926	+	Governor.
	927	+	________________________________________________________________________________
	928	+	Speaker of the House of Delegates.
	929	+	________________________________________________________________________________
	930	+	President of the Senate.