EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0613*
SENATE BILL 613
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By: Senators Brooks, Feldman, M. Washington, King, Kramer, Zucker, and Elfreth
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment
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
Annotated Code of Maryland 28
(2020 Replacement Volume and 2022 Supplement) 29
2 SENATE BILL 613
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Public Utilities 3
7–306.2. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “AGRIVOLTAICS” MEANS THE SIMULTANEO US USE OF AREAS OF 6
LAND FOR BOTH SOLAR POWER GENERATION AND AGRICULTURE . 7
(3) “Baseline annual usage” means: 8
(i) a subscriber’s accumulated electricity use in kilowatt–hours for 9
the 12 months before the subscriber’s most recent subscription; or 10
(ii) for a subscriber that does not have a record of 12 months of 11
electricity use at the time of the subscriber’s most recent subscription, an estimate of the 12
subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 13
manner the Commission approves. 14
[(3)] (4) “Community solar energy generating system” means a solar 15
energy system that: 16
(i) is connected to the electric distribution grid serving the State; 17
(ii) is located in the same electric service territory as its subscribers; 18
(iii) is attached to the electric meter of a subscriber or is a separate 19
facility with its own electric meter; 20
(iv) credits its generated electricity, or the value of its generated 21
electricity, to the bills of the subscribers to that system through virtual net energy 22
metering; 23
(v) has at least two subscribers but no limit to the maximum number 24
of subscribers; 25
(vi) does not have subscriptions larger than 200 kilowatts 26
constituting more than 60% of its [subscriptions] KILOWATT–HOUR OUTPUT ; 27
(vii) has a generating capacity that does not exceed 5 megawatts as 28
measured by the alternating current rating of the system’s inverter; [and] 29
(viii) may be owned by any person; AND 30 SENATE BILL 613 3
(IX) WITH RESPECT TO THE PROGRAM, SERVES AT LEAST 40% 1
OF ITS KILOWATT –HOUR OUTPUT TO LMI SUBSCRIBERS UNLESS T HE SOLAR 2
ENERGY SYSTEM IS WHO LLY OWNED BY THE SUB SCRIBERS TO THE SOLA R ENERGY 3
SYSTEM. 4
(5) “CONSOLIDATED BILLING” MEANS A PAYMENT MECH ANISM THAT 5
REQUIRES AN ELECTRIC COMPANY TO , AT THE REQUEST OF A SUBSCRIBER 6
ORGANIZATION OR SUBS CRIPTION COORDINATOR : 7
(I) INCLUDE THE MONTHLY SUBSCRIPTION CHARGE OF A 8
SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR ON THE MONTHLY 9
BILLS RENDERED BY TH E ELECTRIC COMPANY F OR ELECTRIC SERVICE AND SUPPLY 10
TO SUBSCRIBERS ; AND 11
(II) REMIT PAYMENT RECEIV ED FOR THOSE CHARGES TO THE 12
SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR . 13
(6) “CRITICAL AREA” HAS THE MEANING STATED IN § 8–1802 OF THE 14
NATURAL RESOURCES ARTICLE. 15
(7) “LMI SUBSCRIBER” MEANS A SUBSCRIBER T HAT: 16
(I) IS LOW–INCOME; 17
(II) IS MODERATE–INCOME; OR 18
(III) RESIDES IN A CENSUS TRACT THAT IS AN: 19
1. OVERBURDENED COMMUNI TY; AND 20
2. UNDERSERVED COMMUNIT Y. 21
(8) “LOW–INCOME” MEANS: 22
(I) HAVING AN ANNUAL HOU SEHOLD INCOME THAT I S AT OR 23
BELOW 200% OF THE FEDERAL POVER TY LEVEL; OR 24
(II) BEING CERTIFIED AS E LIGIBLE FOR ANY FEDE RAL, STATE, 25
OR LOCAL ASSISTANCE PROGRAM THAT LIMITS PARTICIPATION TO HOUSEH OLDS 26
WHOSE INCOME IS AT O R BELOW 200% OF THE FEDERAL POVER TY LEVEL. 27
4 SENATE BILL 613
(9) “MODERATE–INCOME” MEANS HAVING AN ANNU AL HOUSEHOLD 1
INCOME THAT IS AT OR BELOW 80% OF THE MEDIAN INCOME FOR MARYLAND. 2
(10) “OVERBURDENED COMMUNIT Y” HAS THE MEA NING STATED IN § 3
1–701 OF THE ENVIRONMENT ARTICLE. 4
(11) “PILOT PROGRAM ” MEANS THE PROGRAM ES TABLISHED UNDER 5
THIS SECTION BEFORE OCTOBER 1, 2023. 6
[(4)] (12) “Program” means the Community Solar Energy Generating 7
Systems [Pilot] Program. 8
(13) “QUEUE” MEANS: 9
(I) THE PILOT PROGRAM QU EUE AN ELECTRIC COMP ANY IS 10
REQUIRED TO MAINTAIN UNDER COMAR 20.62.03.04; AND 11
(II) A QUEUE AN ELECTRIC COMPANY MAY BE REQUI RED TO 12
MAINTAIN UNDER THE PROGRAM. 13
[(5)] (14) “Subscriber” means a retail customer of an electric company that: 14
(i) holds a subscription to a community solar energy generating 15
system; and 16
(ii) has identified one or more individual meters or accounts to which 17
the subscription shall be attributed. 18
[(6)] (15) “Subscriber organization” means: 19
(i) a person that owns or operates a community solar energy 20
generating system; or 21
(ii) the collective group of subscribers of a community solar energy 22
generating system. 23
[(7)] (16) “Subscription” means the portion of the electricity generated by 24
a community solar energy generating system that is credited to a subscriber. 25
(17) “SUBSCRIPTION COORDINA TOR” MEANS A PERSON THAT : 26
(I) MARKETS COMMUNITY SO LAR ENERGY GENERATIN G 27
SYSTEMS OR OTHERWISE PROVIDES SERVICES RE LATED TO COMMUNITY S OLAR 28
ENERGY GENERATING SY STEMS UNDER ITS OWN BRAND NAME ; 29
SENATE BILL 613 5
(II) PERFORMS ANY ADMINIS TRATIVE ACTION TO AL LOCATE 1
SUBSCRIPTIONS , CONNECT SUBSCRIBERS WITH COMMUNITY SOLAR ENERGY 2
GENERATING SYSTEMS , OR ENROLL CUSTOMERS IN THE PROGRAM; OR 3
(III) MANAGES INTERAC TIONS BETWEEN A SUBS CRIBER 4
ORGANIZATION AND AN ELECTRIC COMPANY OR ELECTRICITY SUPPLIER RELATING 5
TO SUBSCRIBERS . 6
(18) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 7
1–701 OF THE ENVIRONMENT ARTICLE. 8
[(8)] (19) “Unsubscribed energy” means any community solar energy 9
generating system output in kilowatt–hours that is not allocated to any subscriber. 10
[(9)] (20) “Virtual net energy metering” means measurement of the 11
difference between the kilowatt–hours or value of electricity that is supplied by an electric 12
company and the kilowatt–hours or value of electricity attributable to a subscription to a 13
community solar energy generating system and fed back to the electric grid over the 14
subscriber’s billing period, as calculated under the tariffs established under [subsection] 15
SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section. 16
(b) The General Assembly finds that: 17
(1) community solar energy generating systems: 18
(i) provide residents and businesses, including those that lease 19
property, increased access to local solar electricity while encouraging private investment in 20
solar resources; 21
(ii) enhance continued diversification of the State’s energy resource 22
mix to achieve the State’s renewable energy portfolio standard and Greenhouse Gas 23
Emissions Reduction Act goals; and 24
(iii) provide electric companies and ratepayers the opportunity to 25
realize the many benefits associated with distributed energy; and 26
(2) it is in the public interest that the State enable the development and 27
deployment of energy generation from community solar energy generating systems in order 28
to: 29
(i) allow renters and low–income and moderate–income retail 30
electric customers to own an interest in a community solar energy generating system; 31
(ii) facilitate market entry for all potential subscribers while giving 32
priority to subscribers who are the most sensitive to market barriers; and 33
6 SENATE BILL 613
(iii) encourage developers to promote participation by renters and 1
low–income and moderate–income retail electric customers. 2
(c) A community solar energy generating system, [including a] subscriber [or], 3
subscriber organization [associated with the community solar energy generating system], 4
OR SUBSCRIPTION COOR DINATOR is not: 5
(1) an electric company; 6
(2) an electricity supplier; or 7
(3) a generating station if the generating capacity of the community solar 8
energy generating system does not exceed 2 megawatts. 9
(d) (1) (i) The Commission shall establish [a pilot program for] AND 10
MAINTAIN a Community Solar Energy Generating [System] SYSTEMS Program. 11
(ii) The structure of the [pilot program] PROGRAM is as provided in 12
this subsection. 13
(2) All rate classes may participate in the [pilot program] PROGRAM. 14
(3) Subscribers served by electric standard offer service, community choice 15
aggregators, and electricity suppliers may hold subscriptions to the same community solar 16
energy generating system. 17
(4) A subscriber organization OR SUBSCRIPTION COOR DINATOR 18
ACTING ON BEHALF OF A SUBSCRIBER ORGANIZ ATION shall: 19
(i) determine how to allocate subscriptions to subscribers; and 20
(ii) notify an electric company and, if applicable, a relevant 21
electricity supplier about THE ALLOCATION OF SU BSCRIPTIONS IN ACCOR DANCE WITH 22
the regulations the Commission adopts under subsection (e) of this section. 23
(5) An electric company shall use the tariff structure under [subsection] 24
SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section to provide each subscriber with the 25
credits. 26
(6) A subscriber may not receive credit for virtual net excess generation 27
that exceeds 200% of the subscriber’s baseline annual usage. 28
(7) Any unsubscribed energy generated by a community solar energy 29
generating system that is not owned by an electric company shall be purchased under the 30
electric company’s process for purchasing the output from qualifying facilities at the 31
amount it would have cost the electric company to procure the energy. 32 SENATE BILL 613 7
(8) An electric company shall use energy generated from a community solar 1
energy generating system to offset purchases from wholesale electricity suppliers for 2
standard offer service. 3
(9) All costs associated with small generator interconnection standards 4
under COMAR 20.50.09 are the responsibility of the subscriber organization. 5
(10) A subscriber organization may petition an electric company to 6
coordinate the interconnection and commencement of operations of a community solar 7
energy generating system after the Commission adopts regulations required under 8
subsection (e) of this section. 9
(11) A subscriber organization may contract with a third party for the third 10
party to finance, build, own, or operate a community solar energy generating system. 11
(12) A municipal utility or cooperative utility may participate in the [pilot 12
program] PROGRAM. 13
(13) (I) [Equipment for] EXCEPT AS PROVIDED IN SUBPARAGRAPH 14
(II) OF THIS PARAGRAPH , a community solar energy generating system may not be [built] 15
LOCATED on [contiguous parcels of land unless the equipment is installed only on building 16
rooftops] THE SAME OR AN ADJAC ENT PARCEL OF LAND A S AN EXISTING OR 17
PROPOSED COMMUNITY S OLAR ENERGY GENERATI NG SYSTEM IF THE TOT AL 18
INSTALLED CAPACITY O F ALL GENERATING SYSTEMS O N THE SAME OR ADJACE NT 19
PARCEL WOULD EXCEED 5 MEGAWATTS . 20
(II) THE PROHIBITION UNDER SUBPARAGRAPH (I) OF THIS 21
PARAGRAPH DOES NOT A PPLY TO PROJECTS CON STRUCTED: 22
1. ON THE ROOFTOPS OF B UILDINGS; 23
2. IN AREAS THAT ARE ZO NED FOR INDUSTRIAL USE ; 24
3. ON BROWNFIELDS LOCAT IONS AND CLEAN FILL SITES; 25
4. OVER PARKING LOTS OR ROADWAYS; 26
5. ON MULTILEVEL PARKIN G STRUCTURES ; 27
6. ON OR OVER TRANSPORT ATION OR PUBLIC 28
RIGHTS–OF–WAY; 29
7. AT AIRPORTS; 30
8 SENATE BILL 613
8. ON LAND THAT: 1
A. WAS PREVIOUSLY ZONED FOR INDUSTRIAL USE O R IS 2
ECOLOGICALLY COMPROM ISED; AND 3
B. IS NOT TARGETED FOR MITIGATION OR 4
RESTORATION ; OR 5
9. IN ANY LOCATION IF : 6
A. THE COMBINED CAPACIT Y OF ALL GENERATING 7
SYSTEMS ON THE SAME OR ADJACENT PARCEL D OES NOT EXCEED 10 MEGAWATTS ; 8
AND 9
B. AT LEAST 75% OF THE AGGREGATE CAP ACITY OF THE 10
CO–LOCATED COMMUNITY SO LAR ENERGY GENERATIN G SYSTEMS SERVES LMI 11
SUBSCRIBERS OR IS US ED FOR AGRIVOLTAICS . 12
(14) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 13
MAY ELECT FOR A SUBS CRIBER TO PARTICIPAT E IN CONSOLIDATED BI LLING. 14
(15) AN ELECTRIC COMPANY S HALL PROVIDE ACCESS TO CUSTOMER 15
BILLING AND USAGE DA TA TO A SUBSCRIBER O RGANIZATION OR SUBSCRIPTION 16
COORDINATOR IF THE C USTOMER PROVIDES TO THE ELECTRIC COMPANY 17
AFFIRMATIVE CONSENT THAT IS ACCOMPANIED BY A WRITTEN OR ELEC TRONIC 18
SIGNATURE. 19
(16) AN ELECTRIC COMPANY M AY REQUIRE A FEE FOR SUBSCRIBER 20
ORGANIZATIONS OR SUB SCRIPTION COORD INATORS THAT USE CON SOLIDATED 21
BILLING IF THE FEE D OES NOT EXCEED 1% OF THE CREDIT VALUE TO THE 22
SUBSCRIBER. 23
(17) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 24
MAY NOT PROHIBIT A S UBSCRIBER FROM ENROL LING WITH AN ELECTRI CITY 25
SUPPLIER FOR ELECTRI C SERVICE OR SUPPLY . 26
(18) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM ON AN 27
ELECTRIC COMPANY QUE UE UNDER THE PILOT P ROGRAM ON SEPTEMBER 30, 2023, 28
SHALL RETAIN THE QUE UE POSITION UNDER TH E PROGRAM. 29
(19) IN CONSTRUCTING OR OP ERATING A COMMUNITY SOLAR ENERGY 30
GENERATING SYSTEM , A PERSON SHALL ADDRE SS CRITICAL AREA , CLIMATE 31
RESILIENCE, AND FOREST CONSERVAT ION CONCERNS BY COMP LYING WITH THE 32 SENATE BILL 613 9
FOREST CONSERVATION ACT AND OTHER RELEVAN T STATE AND LOCAL 1
ENVIRONMENTAL LAWS A ND REGULATIONS PERTA INING TO THE CRITICA L AREA, 2
CLIMATE RESILIENCE , AND FOREST CONSERVAT ION. 3
[(14)] (20) The [pilot program] PROGRAM shall[: 4
(i)] begin on the earlier of: 5
[1.] (I) the date of submission of the first petition of a 6
subscriber organization under paragraph (10) of this subsection after the Commission 7
adopts the regulations required under subsection [(e)] (F) of this section; or 8
[2.] (II) 6 months after the Commission adopts those 9
regulations[; and 10
(ii) end 7 years after the beginning date, but not sooner than 11
December 31, 2024. 12
(15) The Commission shall limit the pilot program in such a way that the 13
Commission may conduct a meaningful study of the pilot program and its results, including: 14
(i) the appropriate number of community solar energy generating 15
systems to be included in the pilot program; 16
(ii) the appropriate amount of generating capacity of the community 17
solar energy generating systems to be included in the pilot program and the annual capacity 18
limits for each program category, each of which should increase throughout the duration of 19
the pilot program; and 20
(iii) a variety of appropriate geographical areas in the State for 21
locating community solar energy generating systems to be included in the pilot program]. 22
(e) On or before May 15, 2016, the Commission shall adopt regulations to 23
implement this section, including regulations for: 24
(1) consumer protection; 25
(2) a tariff structure for an electric company to provide a subscriber with 26
the kilowatt–hours or value of the subscriber’s subscription, as the Commission determines; 27
(3) a calculation for virtual net energy metering as the Commission 28
determines; 29
(4) a protocol for electric companies, electricity suppliers, and subscriber 30
organizations to communicate the information necessary to calculate and provide the 31 10 SENATE BILL 613
monthly electric bill credits and yearly net excess generation payments required by this 1
section; and 2
(5) a protocol for a subscriber organization to coordinate with an electric 3
company for the interconnection and commencement of operations of a community solar 4
energy generating system. 5
(F) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , TO IMPLEMENT 6
THE PROGRAM, THE COMMISSION SHALL , ON OR BEFORE OCTOBER 1, 2024, ADOPT 7
REVISIONS TO THE REG ULATIONS ADOPTED UND ER SUBSECTION (E) OF THIS 8
SECTION FOR THE PILO T PROGRAM, INCLUDING REVISIONS THAT: 9
(I) REMOVE ALL PROGRAM CATEGORIES , PROJECT 10
GENERATING CAPACITY LIMITS, YEARLY PROGRAMMATIC AND ELECTRIC 11
COMPANY–SPECIFIC CAPACITY LI MITS, AND SUNSET DATES SO THAT THE TOTAL 12
NUMBER AND CAPACITY OF COMMUNIT Y SOLAR ENERGY GENER ATING SYSTEMS IS 13
SUBJECT ONLY TO THE OVERALL LIMITATION F OR ALL NET METERING PROJECTS 14
ESTABLISHED UNDER § 7–306(D) OF THIS SUBTITLE; 15
(II) AUTHORIZE ALL COMMUN ITY SOLAR ENERGY GEN ERATING 16
SYSTEMS, INCLUDING THOSE CONSTRUCTED DURING T HE PILOT PROGRAM , TO 17
OPERATE AND GENERATE SUBSCRIPTION CREDITS UNTIL THE COMMUNITY SOLAR 18
ENERGY GENERATING SY STEM IS DECOMMISSION ED; 19
(III) ADJUST CO–LOCATION RESTRICTION S TO COMPLY WITH 20
SUBSECTION (D)(13) OF THIS SECTION; 21
(IV) ALLOW A CUSTOMER TO VERIFY, WHEN SUBSCRIBING TO A 22
COMMUNITY SOLAR ENER GY GENERATING SYSTEM , INCOME FOR ELIGIBILI TY AS AN 23
LMI SUBSCRIBER UNDER THE PROGRAM BY USING ONE OF THE FOLLOWING 24
METHODS: 25
1. SELF–ATTESTATION THAT DOE S NOT NEED TO BE 26
UNDER OATH OR PENALTY OF PERJURY ; 27
2. PROVIDING EVIDENCE O F ELIGIBILITY FOR OR 28
ENROLLMENT IN AT LEA ST ONE OF THE FOLLOW ING GOVERNMENT ASSIS TANCE 29
PROGRAMS: 30
A. THE MARYLAND ENERGY ASSISTANCE PROGRAM; 31
B. THE SUPPLEMENTAL NUTRITION ASSISTANCE 32
PROGRAM; 33
SENATE BILL 613 11
C. MEDICAID; 1
D. HEAD START; 2
E. FREE AND REDUCED PRI CE SCHOOL MEALS ; 3
F. THE FEDERAL LOW INCOME HOME ENERGY 4
ASSISTANCE PROGRAM; 5
G. EMPOWER MARYLAND LOW – OR 6
MODERATE–INCOME INCENTIVES ; 7
H. TELEPHONE LIFELINE S ERVICE; 8
I. THE FUEL FUND OF MARYLAND; OR 9
J. ANY ADDITIONAL FEDER AL, STATE, OR LOCAL 10
ASSISTANCE PROGRAM T HAT THE COMMISSION DETERMINES WILL FURTHER THE 11
PURPOSES OF THE PROGRAM; 12
3. PAY STUBS; 13
4. INCOME TAX DOCUMENTS ; 14
5. PROOF OF RESIDENCE I N AN AFFORDABLE HOUSING 15
FACILITY; 16
6. PROOF OF RESIDENCE W ITHIN A CENSUS TRACT THAT 17
IS: 18
A. AN OVERBURDENED COMM UNITY; AND 19
B. AN UNDERSERVED COMMU NITY; 20
7. ANY VERIFICATION MET HOD THAT WAS AVAILAB LE 21
UNDER THE PILOT PROG RAM; OR 22
8. ANY ADDITIONAL MET HODS APPROVED BY THE 23
COMMISSION TO VERIFY INCOME; 24
(V) REQUIRE ALL ELECTRIC COMPANIES TO USE MON ETARY 25
CREDITS THAT PROVIDE NOT LESS THAN THE VA LUE TO THE SUBSCRIBE R OF THE 26 12 SENATE BILL 613
CREDIT HAD IT BEEN A PPLIED TO THE SUBSCR IBER’S BILL AS A REDUCTIO N IN 1
METERED KI LOWATT–HOURS; AND 2
(VI) ESTABLISH PROCEDURES FOR THE COMMISSION TO : 3
1. COLLECT DATA FROM SU BSCRIBER ORGANIZATIO NS, 4
WHEN APPLYING TO THE COMMISSION FOR ADMISS ION TO THE PROGRAM, ON: 5
A. THE TYPE AND QUANTIT Y OF FOREST COVER ON THE 6
SITE OF A PROPOSED COMMUNITY SOLA R ENERGY GENERATING SYSTEM; AND 7
B. ANY ANTICIPATED IMPA CTS THAT THE 8
CONSTRUCTION OF THE PROPOSED COMMUNITY S OLAR ENERGY GENERATI NG 9
SYSTEM WILL HAVE ON TREES AND FOREST COV ER AT THE SITE OF TH E PROPOSED 10
COMMUNITY SOLAR ENER GY GENERATING SYSTEM ; AND 11
2. MAKE THE DATA COLLEC TED UNDER ITEM 1 OF THIS 12
ITEM AVAILABLE TO TH E PUBLIC IN A FORMAT AGGREGATED BY COUNTY . 13
(2) ON OR BEFORE OCTOBER 1, 2024, THE COMMISSION SHALL 14
APPROVE ELECTRIC COM PANY TARIFF MODIFICA TIONS THAT ARE CO NSISTENT 15
WITH THE REGULATIONS ADOPTED UNDER THIS S UBSECTION. 16
(G) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , ON OR BEFORE 17
APRIL 1, 2025, THE COMMISSION SHALL ADOP T REGULATIONS THAT : 18
(I) IMPLEMENT CONSOLIDAT ED BILLING BY ELECTR IC 19
COMPANIES, INCLUDING PURCHASE OF REC EIVABLES PROTOCOLS ; 20
(II) REQUIRE ALL ELECTRIC COMPANIES TO REPORT BILLING 21
AND CREDITING ERRORS TO THE COMMISSION ON A REGUL AR SCHEDULE ; 22
(III) IMPOSE SPECIFIC TIMI NG REQUIREMENTS FOR 23
APPLICATION OF BILL CREDITS TO SUBSCRIBE R BILLS AND APPLICATION OF 24
ROLLOVER CREDITS ; 25
(IV) IMPLEMENT DATA EXCHA NGE PROTOCOLS FOR EL ECTRIC 26
COMPANIES, SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS, 27
INCLUDING REQUIRED D ATA FIELDS FOR ELECT RIC COMPANY ALLOCATI ON 28
REPORTS; 29
SENATE BILL 613 13
(V) FOR SUBSCRIBE RS ENROLLED IN BUDGE T BILLING, 1
REQUIRE ELECTRIC COM PANIES TO APPLY COMM UNITY SOLAR CREDITS TO THE 2
MONTHLY AMOUNT DUE R ATHER THAN THE UNDER LYING BALANCE ; 3
(VI) REQUIRE ALL ELECTRIC COMPANIES TO SHOW AP PLIED AND 4
BANKED CREDITS ON EA CH BILL RENDERED TO A SUBSCRIBER; AND 5
(VII) IMPLEMENT ANY ADDITI ONAL CHANGES THE COMMISSION 6
DETERMINES WILL IMPR OVE BILLING AND CRED ITING PROCESSES FOR 7
SUBSCRIBERS , SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS. 8
(2) ON OR BEFORE APRIL 1, 2025, THE COMMISSION SHA LL APPROVE 9
ELECTRIC COMPANY TAR IFF MODIFICATIONS TH AT ARE CONSISTENT WI TH THE 10
REGULATIONS ADOPTED UNDER THIS SUBSECTIO N. 11
(H) THE COMMISSION SHALL CONV ENE A STAKEHOLDER WO RKGROUP TO 12
PROVIDE RECOMMENDATI ONS REGARDING THE RE GULATIONS TO BE ADOP TED BY 13
THE COMMISSION UNDER SUBSE CTIONS (F) AND (G) OF THIS SECTION. 14
(I) THE COMMISSION SHALL CONS IDER AND IMPLEMENT M ETHODOLOGIES 15
TO ALLOW THE TENANTS OF MASTER –METERED RESIDENTIAL FACILITIES TO 16
PARTICIPATE IN THE PROGRAM AND BENEFIT D IRECTLY FROM ANY ASS OCIATED 17
ELECTRIC BILL SAVINGS . 18
[(f)] (J) (1) Subject to regulations or orders of the Commission, a contract 19
relating to a community solar energy generating system [or], subscriber organization, OR 20
SUBSCRIPTION COORDIN ATOR that is entered into during the pilot program OR THE 21
PROGRAM shall remain in effect according to the terms of the contract, including after the 22
termination of the pilot program OR THE PROGRAM. 23
(2) [(i) This paragraph applies to electric companies, elec tric 24
cooperatives, and municipal utilities that participate in the Program. 25
(ii) A subscriber who has a change in the service address associated 26
with the subscriber’s subscription may maintain the subscription for the new address if the 27
new address is within the same electric territory as the old address. 28
(iii) An electric company or a subscriber organization may not 29
terminate a subscriber’s subscription due to a change of address for the service address 30
associated with the subscription if the requirements under subparagraph (ii) of this 31
paragraph are met. 32
(iv) An electric company shall make any changes necessary to 33
accommodate a subscriber’s change of address on notification by a subscriber organization. 34
14 SENATE BILL 613
(g) After termination of the pilot program,] ON AND AFTER OCTOBER 1, 2023, 1
in accordance with the operational and billing requirements in subsection (d) of this section: 2
[(1)] (I) a subscriber organization may continue the operation of a 3
community solar energy generating system that began operation during the pilot program, 4
including the creation and trading of subscriptions; and 5
[(2)] (II) in accordance with the tariffs established under [subsection] 6
SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section, an electric company shall continue 7
to facilitate the operation of a community solar energy generating system that began 8
operation during the pilot program. 9
[(h)] (K) The cumulative installed nameplate capacity under the pilot program 10
AND THE PROGRAM shall count toward the overall limitation for all net metering projects 11
established under § 7–306(d) of this subtitle. 12
(L) (1) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 13
MAY NOT REQUIRE AN LMI SUBSCRIBER TO UNDERG O A CREDIT CHECK OR PAY A 14
SIGN–UP FEE TO SUBSCRIBE TO A COMMUNITY S OLAR ENERGY GENERATI NG 15
SYSTEM. 16
(2) A SUBSCRIBER WHO A SUB SCRIBER ORGANIZATION DETERMINED 17
WAS ELIGIBLE TO PART ICIPATE AS A LOW –INCOME OR MODERATE –INCOME 18
SUBSCRIBER UNDER THE PILOT PROGRAM SHALL REMAIN ELIGIBLE AS A N LMI 19
SUBSCRIBER UNDER THE PROGRAM. 20
(3) (I) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM 21
CONSTRUCTED UNDER TH E PILOT PROGRAM IN A CATEGORY REQUIRING T HAT AT 22
LEAST 30% OF ITS KILOWATT –HOUR OUTPUT SERVE LO W–INCOME OR 23
MODERATE–INCOME SUBSCRIBERS S HALL CONTINUE TO SER VE AT LEAST 30% OF 24
ITS KILOW ATT–HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME 25
SUBSCRIBERS . 26
(II) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM 27
CONSTRUCTED UNDER TH E PILOT PROGRAM IN A CATEGORY REQUIRING T HAT AT 28
LEAST 51% OF ITS KILOWATT –HOUR OUTPUT SERVE LO W–INCOME OR 29
MODERATE–INCOME SUBSCRIBERS SHALL CO NTINUE TO SERVE AT L EAST 51% OF 30
ITS KILOWATT –HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME 31
SUBSCRIBERS . 32
SECTION 2. AND BE IT FURTHER ENACTED, That a Position Identification 33
Number shall be created in the Public Service Commission for a full–time position that will 34
focus only on implementing and administering the Community Solar Energy Generating 35
Systems Program under § 7–306.2 of the Public Utilities Article, as enacted under Section 36
1 of this Act. 37 SENATE BILL 613 15
SECTION 3. AND BE IT FURTHER ENACTE D, That, notwithstanding any other 1
law, all regulations adopted under § 7–306.2(e) of the Public Utilities Article for the 2
operation of the Community Solar Energy Generating Systems Pilot Program before the 3
effective date of this Act shall continue in effect until amended or repealed. 4
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2023. 6