Maryland 2023 Regular Session

Maryland Senate Bill SB613 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		sb0613
9	6
10	7		SENATE BILL 613
11	8		C5, M5 3lr1183
12		-	CF ~~HB 908~~
	9	+	CF 3lr0688
13	10		By: Senators Brooks, Feldman, M. Washington, King, Kramer, Zucker, and Elfreth
14	11		Introduced and read first time: February 6, 2023
15	12		Assigned to: Education, Energy, and the Environment
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 22, 2023
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24		-	Electricity – Community Solar Energy Generating Systems Program and 2
25		-	Property Taxes 3
	18	+	Electricity – Community Solar Energy Generating Systems Program 2
26	19
27		-	FOR the purpose of making permanent the Community Solar Energy Generating Systems 4
28		-	Pilot Program; requiring a community solar energy generating system under the 5
29		-	Program to serve a certain percentage of its kilowatt–hour output to low–income and 6
30		-	moderate–income subscribers under certain circumstances; authorizing a 7
31		-	subscription coordinator to act on behalf of a subscriber organization; altering 8
32		-	requirements related to the siting and size of certain community solar energy 9
33		-	generating systems projects; authorizing the use of consolidated billing for certain 10
34		-	subscription charges; prohibiting a subscriber organization or subscription 11
35		-	coordinator from charging an LMI subscriber a certain subscription rate; requiring 12
36		-	an electric company to provide certain data to a subscriber organization or 13
37		-	subscription coordinator; authorizing an electric company to charge a certain fee for 14
38		-	the use of consolidated billing; requiring a person constructing or operating a 15
39		-	community solar energy generating system to address critical area, climate 16
40		-	resilience, and forest conservation concerns in a certain manner; requiring the Public 17
41		-	Service Commission to establish a stakeholder workgroup related to the 18
42		-	development of certain regulations; requiring the Commission to adopt certain 19
43		-	regulations making the pilot program permanent, allowing for the use of 20
44		-	consolidated billing, and implementing the provisions of this Act; requiring the 21
45		-	Commission to consider and implement certain methodologies to allow tenants of 22
46		-	master–metered residential facilities to participate in the Program; repealing 23
47		-	provisions related to maintenance of subscriptions if a subscriber has a change of 24
48		-	address; prohibiting certain subscription rates and charges from being set at more 25 2 SENATE BILL 613
	20	+	FOR the purpose of making permanent the Community Solar Energy Generating Systems 3
	21	+	Pilot Program; requiring a community solar energy generating system under the 4
	22	+	Program to serve a certain percentage of its kilowatt–hour output to low–income and 5
	23	+	moderate–income subscribers under certain circumstances; authorizing a 6
	24	+	subscription coordinator to act on behalf of a subscriber organization; altering 7
	25	+	requirements related to the siting and size of certain community solar energy 8
	26	+	generating systems projects; authorizing the use of consolidated billing for certain 9
	27	+	subscription charges; requiring an electric company to provide certain data to a 10
	28	+	subscriber organization or subscription coordinator; authorizing an electric company 11
	29	+	to charge a certain fee for the use of consolidated billing; requiring a person 12
	30	+	constructing or operating a community solar energy generating system to address 13
	31	+	critical area, climate resilience, and forest conservation concerns in a certain 14
	32	+	manner; requiring the Public Service Commission to establish a stakeholder 15
	33	+	workgroup related to the development of certain regulations; requiring the 16
	34	+	Commission to adopt certain regulations making the pilot program permanent, 17
	35	+	allowing for the use of consolidated billing, and implementing the provisions of this 18
	36	+	Act; requiring the Commission to consider and implement certain methodologies to 19
	37	+	allow tenants of master–metered residential facilities to participate in the Program; 20
	38	+	repealing provisions related to maintenance of subscriptions if a subscriber has a 21
	39	+	change of address; creating a full–time position within the Commission for a certain 22
	40	+	purpose; and generally relating to the Community Solar Energy Generating Systems 23
	41	+	Program. 24
	42	+
	43	+	BY repealing and reenacting, with amendments, 25
	44	+	Article – Public Utilities 26
	45	+	Section 7–306.2 27
	46	+	Annotated Code of Maryland 28
	47	+	(2020 Replacement Volume and 2022 Supplement) 29
	48	+	2 SENATE BILL 613
49	49
50	50
51		-	than a certain amount; establishing certain prevailing wage or labor requirements 1
52		-	for developers of certain community solar energy generating system projects; 2
53		-	creating a full–time position within the Commission for a certain purpose; altering 3
54		-	the personal property tax exemption for certain community solar energy generating 4
55		-	systems; and generally relating to the Community Solar Energy Generating Systems 5
56		-	Program community solar energy generating systems. 6
	51	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	52	+	That the Laws of Maryland read as follows: 2
57	53
58		-	BY repealing and reenacting, with amendments, 7
59		-	Article – Public Utilities 8
60		-	Section 7–306.2 9
61		-	Annotated Code of Maryland 10
62		-	(2020 Replacement Volume and 2022 Supplement) 11
	54	+	Article – Public Utilities 3
63	55
64		-	BY repealing and reenacting, with amendments, 12
65		-	Article – Tax – Property 13
66		-	Section 7–237 14
67		-	Annotated Code of Maryland 15
68		-	(2019 Replacement Volume and 2022 Supplement) 16
69		-	(As enacted by Chapters 38, 415, 658, and 659 of 2022) 17
	56	+	7–306.2. 4
70	57
71		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
72		-	That the Laws of Maryland read as follows: 19
	58	+	(a) (1) In this section the following words have the meanings indicated. 5
73	59
74		-	Article – Public Utilities 20
75		-
76		-	7–306.2. 21
77		-
78		-	(a) (1) In this section the following words have the meanings indicated. 22
79		-
80		-	(2) “AGRIVOLTAICS” MEANS THE SIMULTANEO US USE OF AREAS OF 23
81		-	LAND FOR BOTH SOLAR POWER GENERATION AND AGRICULTURE : 24
82		-
83		-	(I) RAISING GRAINS , FRUITS, HERBS, MELONS, MUSHROOMS , 25
84		-	NUTS, SEEDS, TOBACCO, OR VEGETABLES ; 26
85		-
86		-	(II) RAISING POULTRY , INCLUDING CHICKENS A ND TURKEYS , 27
87		-	FOR MEAT OR EGG PROD UCTION; 28
88		-
89		-	(III) DAIRY PRODUCTION , SUCH AS THE RAISING OF MILKING 29
90		-	COWS; 30
91		-
92		-	(IV) RAISING LIVESTOCK , INCLUDING CATTLE , SHEEP, GOATS, 31
93		-	AND PIGS; 32
94		-
95		-	(V) HORSE BOARDING , BREEDING, OR TRAINING; 33
96		-	SENATE BILL 613 3
97		-
98		-
99		-	(VI) TURF FARMING ; 1
100		-
101		-	(VII) RAISING ORNAMENTAL S HRUBS, PLANTS, OR FLOWERS , 2
102		-	INCLUDING AQUATIC PL ANTS; 3
103		-
104		-	(VIII) AQUACULTURE ; 4
105		-
106		-	(IX) SILVICULTURE ; OR 5
107		-
108		-	(X) ANY OTHER ACTIVITY R ECOGNIZED BY THE DEPARTMENT 6
109		-	OF AGRICULTURE AS AN AGR ICULTURAL ACTIVITY . 7
	60	+	(2) “AGRIVOLTAICS” MEANS THE SIMULTANEO US USE OF AREAS OF 6
	61	+	LAND FOR BOTH SOLAR POWER GENERATION AND AGRICULTURE . 7
110	62
111	63		(3) “Baseline annual usage” means: 8
112	64
113	65		(i) a subscriber’s accumulated electricity use in kilowatt–hours for 9
114	66		the 12 months before the subscriber’s most recent subscription; or 10
115	67
116	68		(ii) for a subscriber that does not have a record of 12 months of 11
117	69		electricity use at the time of the subscriber’s most recent subscription, an estimate of the 12
118	70		subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 13
119	71		manner the Commission approves. 14
120	72
121	73		[(3)] (4) “Community solar energy generating system” means a solar 15
122	74		energy system that: 16
123	75
124	76		(i) is connected to the electric distribution grid serving the State; 17
125	77
126	78		(ii) is located in the same electric service territory as its subscribers; 18
127	79
128	80		(iii) is attached to the electric meter of a subscriber or is a separate 19
129	81		facility with its own electric meter; 20
130	82
131	83		(iv) credits its generated electricity, or the value of its generated 21
132	84		electricity, to the bills of the subscribers to that system through virtual net energy 22
133	85		metering; 23
134	86
135	87		(v) has at least two subscribers but no limit to the maximum number 24
136	88		of subscribers; 25
137	89
138	90		(vi) does not have subscriptions larger than 200 kilowatts 26
139	91		constituting more than 60% of its [subscriptions] KILOWATT–HOUR OUTPUT ; 27
140	92
141	93		(vii) has a generating capacity that does not exceed 5 megawatts as 28
142	94		measured by the alternating current rating of the system’s inverter; [and] 29
143	95
144		-	(viii) may be owned by any person; AND 30 4 SENATE BILL 613
	96	+	(viii) may be owned by any person; AND 30 SENATE BILL 613 3
145	97
146	98
147	99
148		-	(IX) WITH RESPECT TO COMMUNITY SOLAR ENER GY 1
149		-	GENERATING SYSTEMS CONSTRUCTED UNDER THE PROGRAM, SERVES AT LEAST 2
150		-	40% OF ITS KILOWATT –HOUR OUTPUT TO LMI SUBSCRIBERS UNLESS T HE SOLAR 3
151		-	ENERGY SYSTEM IS WHO LLY OWNED BY THE SUB SCRIBERS TO THE SOLA R ENERGY 4
152		-	SYSTEM. 5
	100	+	(IX) WITH RESPECT TO THE PROGRAM, SERVES AT LEAST 40% 1
	101	+	OF ITS KILOWATT –HOUR OUTPUT TO LMI SUBSCRIBERS UNLESS T HE SOLAR 2
	102	+	ENERGY SYSTEM IS WHO LLY OWNED BY THE SUB SCRIBERS TO THE SOLA R ENERGY 3
	103	+	SYSTEM. 4
153	104
154		-	(5) “CONSOLIDATED BILLING ” MEANS A PAYMENT MECH ANISM THAT 6
155		-	REQUIRES AN ELECTRIC ~~CO MPANY~~ TO, AT THE REQUEST OF A SUBSCRIBER 7
156		-	ORGANIZATION OR SUBS CRIPTION COORDINATOR : 8
	105	+	(5) “CONSOLIDATED BILLING” MEANS A PAYMENT MECH ANISM THAT 5
	106	+	REQUIRES AN ELECTRIC COMPANY TO , AT THE REQUEST OF A SUBSCRIBER 6
	107	+	ORGANIZATION OR SUBS CRIPTION COORDINATOR : 7
157	108
158		-	(I) INCLUDE THE MONTHLY SUBSCRIPTION CHARGE OF A 9
159		-	SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR ON THE ~~M ONTHLY 10~~
160		-	BILLS RENDERED BY TH E ELECTRIC COMPANY ~~FOR~~ ELECTRIC SERVICE AND SUPPLY 11
161		-	TO SUBSCRIBERS ; AND 12
	109	+	(I) INCLUDE THE MONTHLY SUBSCRIPTION CHARGE OF A 8
	110	+	SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR ON THE MONTHLY 9
	111	+	BILLS RENDERED BY TH E ELECTRIC COMPANY F OR ELECTRIC SERVICE AND SUPPLY 10
	112	+	TO SUBSCRIBERS ; AND 11
162	113
163		-	(II) REMIT PAYMENT ~~RECEIVED~~ FOR THOSE CHARGES TO THE 13
164		-	SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR . 14
	114	+	(II) REMIT PAYMENT RECEIV ED FOR THOSE CHARGES TO THE 12
	115	+	SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR . 13
165	116
166		-	(6) “CRITICAL AREA” HAS THE MEANING ~~STAT ED~~ IN § 8–1802 OF THE 15
167		-	NATURAL RESOURCES ARTICLE. 16
	117	+	(6) “CRITICAL AREA” HAS THE MEANING STATED IN § 8–1802 OF THE 14
	118	+	NATURAL RESOURCES ARTICLE. 15
168	119
169		-	(7) “LMI SUBSCRIBER” MEANS A SUBSCRIBER T HAT: 17
	120	+	(7) “LMI SUBSCRIBER” MEANS A SUBSCRIBER T HAT: 16
170	121
171		-	(I) IS LOW–INCOME; 18
	122	+	(I) IS LOW–INCOME; 17
172	123
173		-	(II) IS MODERATE–INCOME; OR 19
	124	+	(II) IS MODERATE–INCOME; OR 18
174	125
175		-	(III) RESIDES IN A CENSUS TRACT THAT IS AN: 20
	126	+	(III) RESIDES IN A CENSUS TRACT THAT IS AN: 19
176	127
177		-	1. OVERBURDENED COMMUNI TY; AND 21
	128	+	1. OVERBURDENED COMMUNI TY; AND 20
178	129
179		-	2. UNDERSERVED COMMUNIT Y. 22
	130	+	2. UNDERSERVED COMMUNIT Y. 21
180	131
181		-	(8) “LOW–INCOME” MEANS: 23
	132	+	(8) “LOW–INCOME” MEANS: 22
182	133
183		-	(I) HAVING AN ANNUAL HOU SEHOLD INCOME THAT I S AT OR 24
184		-	BELOW 200% OF THE FEDERAL POVER TY LEVEL; OR 25
	134	+	(I) HAVING AN ANNUAL HOU SEHOLD INCOME THAT I S AT OR 23
	135	+	BELOW 200% OF THE FEDERAL POVER TY LEVEL; OR 24
185	136
186		-	(II) BEING CERTIFIED AS E LIGIBLE FOR ANY FEDE RAL, STATE, 26
187		-	OR LOCAL ASSISTANCE PROGRAM THAT LIMITS PARTICIPATION TO ~~HOU SEHOLDS 27~~
188		-	WHOSE INCOME IS AT O R BELOW 200% OF THE FEDERAL POVER TY LEVEL. 28
189		-	SENATE BILL 613 5
	137	+	(II) BEING CERTIFIED AS E LIGIBLE FOR ANY FEDE RAL, STATE, 25
	138	+	OR LOCAL ASSISTANCE PROGRAM THAT LIMITS PARTICIPATION TO HOUSEH OLDS 26
	139	+	WHOSE INCOME IS AT O R BELOW 200% OF THE FEDERAL POVER TY LEVEL. 27
	140	+	4 SENATE BILL 613
190	141
191	142
192	143		(9) “MODERATE–INCOME” MEANS HAVING AN ANNU AL HOUSEHOLD 1
193	144		INCOME THAT IS AT OR BELOW 80% OF THE MEDIAN INCOME FOR MARYLAND. 2
194	145
195	146		(10) “OVERBURDENED COMMUNIT Y” HAS THE MEA NING STATED IN § 3
196	147		1–701 OF THE ENVIRONMENT ARTICLE. 4
197	148
198	149		(11) “PILOT PROGRAM ” MEANS THE PROGRAM ES TABLISHED UNDER 5
199		-	THIS SECTION BEFORE OCTOBER JULY 1, 2023, AND EFFECTIVE UNTIL THE START 6
200		-	OF THE PROGRAM ESTABLISHED U NDER SUBSECTION (D)(20) OF THIS SECTION. 7
	150	+	THIS SECTION BEFORE OCTOBER 1, 2023. 6
201	151
202		-	[(4)] (12) “Program” means the Community Solar Energy Generating 8
203		-	Systems [Pilot] Program. 9
	152	+	[(4)] (12) “Program” means the Community Solar Energy Generating 7
	153	+	Systems [Pilot] Program. 8
204	154
205		-	(13) “QUEUE” MEANS: 10
	155	+	(13) “QUEUE” MEANS: 9
206	156
207		-	(I) THE PILOT PROGRAM QU EUE AN ELECTRIC COMP ANY IS 11
208		-	REQUIRED TO MAINTAIN UNDER COMAR 20.62.03.04; AND 12
	157	+	(I) THE PILOT PROGRAM QU EUE AN ELECTRIC COMP ANY IS 10
	158	+	REQUIRED TO MAINTAIN UNDER COMAR 20.62.03.04; AND 11
209	159
210		-	(II) A QUEUE AN ELECTRIC COMPANY MAY BE ~~REQU IRED~~ TO 13
211		-	MAINTAIN UNDER THE PROGRAM. 14
	160	+	(II) A QUEUE AN ELECTRIC COMPANY MAY BE REQUI RED TO 12
	161	+	MAINTAIN UNDER THE PROGRAM. 13
212	162
213		-	[(5)] (14) “Subscriber” means a retail customer of an electric company that: 15
	163	+	[(5)] (14) “Subscriber” means a retail customer of an electric company that: 14
214	164
215		-	(i) holds a subscription to a community solar energy generating 16
216		-	system; and 17
	165	+	(i) holds a subscription to a community solar energy generating 15
	166	+	system; and 16
217	167
218		-	(ii) has identified one or more individual meters or accounts to which 18
219		-	the subscription shall be attributed. 19
	168	+	(ii) has identified one or more individual meters or accounts to which 17
	169	+	the subscription shall be attributed. 18
220	170
221		-	[(6)] (15) “Subscriber organization” means: 20
	171	+	[(6)] (15) “Subscriber organization” means: 19
222	172
223		-	(i) a person that owns or operates a community solar energy 21
224		-	generating system; or 22
	173	+	(i) a person that owns or operates a community solar energy 20
	174	+	generating system; or 21
225	175
226		-	(ii) the collective group of subscribers of a community solar energy 23
227		-	generating system. 24
	176	+	(ii) the collective group of subscribers of a community solar energy 22
	177	+	generating system. 23
228	178
229		-	[(7)] (16) “Subscription” means the portion of the electricity generated by 25
230		-	a community solar energy generating system that is credited to a subscriber. 26
	179	+	[(7)] (16) “Subscription” means the portion of the electricity generated by 24
	180	+	a community solar energy generating system that is credited to a subscriber. 25
231	181
232		-	(17) “SUBSCRIPTION COORDINA TOR” MEANS A PERSON THAT : 27
	182	+	(17) “SUBSCRIPTION COORDINA TOR” MEANS A PERSON THAT : 26
233	183
234		-	(I) MARKETS ~~CO MMUNITY SOLAR~~ ENERGY ~~GENERATING 28~~
235		-	SYSTEMS OR OTHERWISE PROVIDES SERVICES RE LATED TO COMMUNITY S OLAR 29
236		-	ENERGY GENERATING SY STEMS UNDER ITS OWN BRAND NAME ; ~~30 6 SENATE BILL 613~~
237		-
	184	+	(I) MARKETS COMMUNITY SO LAR ENERGY GENERATIN G 27
	185	+	SYSTEMS OR OTHERWISE PROVIDES SERVICES RE LATED TO COMMUNITY S OLAR 28
	186	+	ENERGY GENERATING SY STEMS UNDER ITS OWN BRAND NAME ; 29
	187	+	SENATE BILL 613 5
238	188
239	189
240	190		(II) PERFORMS ANY ADMINIS TRATIVE ACTION TO AL LOCATE 1
241	191		SUBSCRIPTIONS , CONNECT SUBSCRIBERS WITH COMMUNITY SOLAR ENERGY 2
242	192		GENERATING SYSTEMS , OR ENROLL CUSTOMERS IN THE PROGRAM; OR 3
243	193
244	194		(III) MANAGES INTERAC TIONS BETWEEN A SUBS CRIBER 4
245	195		ORGANIZATION AND AN ELECTRIC COMPANY OR ELECTRICITY SUPPLIER RELATING 5
246	196		TO SUBSCRIBERS . 6
247	197
248	198		(18) “UNDERSERVED COMMUNITY ” HAS THE MEANING STAT ED IN § 7
249	199		1–701 OF THE ENVIRONMENT ARTICLE. 8
250	200
251	201		[(8)] (19) “Unsubscribed energy” means any community solar energy 9
252	202		generating system output in kilowatt–hours that is not allocated to any subscriber. 10
253	203
254	204		[(9)] (20) “Virtual net energy metering” means measurement of the 11
255	205		difference between the kilowatt–hours or value of electricity that is supplied by an electric 12
256	206		company and the kilowatt–hours or value of electricity attributable to a subscription to a 13
257	207		community solar energy generating system and fed back to the electric grid over the 14
258	208		subscriber’s billing period, as calculated under the tariffs established under [subsection] 15
259	209		SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section. 16
260	210
261	211		(b) The General Assembly finds that: 17
262	212
263	213		(1) community solar energy generating systems: 18
264	214
265	215		(i) provide residents and businesses, including those that lease 19
266	216		property, increased access to local solar electricity while encouraging private investment in 20
267	217		solar resources; 21
268	218
269	219		(ii) enhance continued diversification of the State’s energy resource 22
270	220		mix to achieve the State’s renewable energy portfolio standard and Greenhouse Gas 23
271	221		Emissions Reduction Act goals; and 24
272	222
273	223		(iii) provide electric companies and ratepayers the opportunity to 25
274	224		realize the many benefits associated with distributed energy; and 26
275	225
276	226		(2) it is in the public interest that the State enable the development and 27
277	227		deployment of energy generation from community solar energy generating systems in order 28
278	228		to: 29
279	229
280	230		(i) allow renters and low–income and moderate–income retail 30
281	231		electric customers to own an interest in a community solar energy generating system; 31
282	232
283	233		(ii) facilitate market entry for all potential subscribers while giving 32
284		-	priority to subscribers who are the most sensitive to market barriers; and 33 ~~SENATE BILL 613 7~~
285		-
	234	+	priority to subscribers who are the most sensitive to market barriers; and 33
	235	+	6 SENATE BILL 613
286	236
287	237
288	238		(iii) encourage developers to promote participation by renters and 1
289	239		low–income and moderate–income retail electric customers. 2
290	240
291	241		(c) A community solar energy generating system, [including a] subscriber [or], 3
292	242		subscriber organization [associated with the community solar energy generating system], 4
293	243		OR SUBSCRIPTION COOR DINATOR is not: 5
294	244
295	245		(1) an electric company; 6
296	246
297	247		(2) an electricity supplier; or 7
298	248
299	249		(3) a generating station if the generating capacity of the community solar 8
300	250		energy generating system does not exceed 2 megawatts. 9
301	251
302	252		(d) (1) (i) The Commission shall establish [a pilot program for] AND 10
303	253		MAINTAIN a Community Solar Energy Generating [System] SYSTEMS Program. 11
304	254
305	255		(ii) The structure of the [pilot program] PROGRAM is as provided in 12
306	256		this subsection. 13
307	257
308	258		(2) All rate classes may participate in the [pilot program] PROGRAM. 14
309	259
310	260		(3) Subscribers served by electric standard offer service, community choice 15
311	261		aggregators, and electricity suppliers may hold subscriptions to the same community solar 16
312	262		energy generating system. 17
313	263
314	264		(4) A subscriber organization OR SUBSCRIPTION COOR DINATOR 18
315	265		ACTING ON BEHALF OF A SUBSCRIBER ORGANIZ ATION shall: 19
316	266
317	267		(i) determine how to allocate subscriptions to subscribers; and 20
318	268
319	269		(ii) notify an electric company and, if applicable, a relevant 21
320	270		electricity supplier about THE ALLOCATION OF SU BSCRIPTIONS IN ACCOR DANCE WITH 22
321	271		the regulations the Commission adopts under subsection (e) of this section. 23
322	272
323	273		(5) An electric company shall use the tariff structure under [subsection] 24
324	274		SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section to provide each subscriber with the 25
325	275		credits. 26
326	276
327	277		(6) A subscriber may not receive credit for virtual net excess generation 27
328	278		that exceeds 200% of the subscriber’s baseline annual usage. 28
329	279
330	280		(7) Any unsubscribed energy generated by a community solar energy 29
331		-	generating system that is not owned by an electric company shall be purchased under the 30 8 SENATE BILL 613
332		-
333		-
334		-	electric company’s process for purchasing the output from qualifying facilities at the 1
335		-	amount it would have cost the electric company to procure the energy. 2
336		-
337		-	(8) An electric company shall use energy generated from a community solar 3
338		-	energy generating system to offset purchases from wholesale electricity suppliers for 4
339		-	standard offer service. 5
340		-
341		-	(9) All costs associated with small generator interconnection standards 6
342		-	under COMAR 20.50.09 are the responsibility of the subscriber organization. 7
343		-
344		-	(10) A subscriber organization may petition an electric company to 8
345		-	coordinate the interconnection and commencement of operations of a community solar 9
346		-	energy generating system after the Commission adopts regulations required under 10
347		-	subsection (e) of this section. 11
348		-
349		-	(11) A subscriber organization may contract with a third party for the third 12
350		-	party to finance, build, own, or operate a community solar energy generating system. 13
351		-
352		-	(12) A municipal utility or cooperative utility may participate in the [pilot 14
353		-	program] PROGRAM. 15
354		-
355		-	(13) (I) [Equipment for] EXCEPT AS PROVIDED IN SUBPARAGRAPH 16
356		-	(II) OF THIS PARAGRAP H, a community solar energy generating system may not be [built] 17
357		-	LOCATED on [contiguous parcels of land unless the equipment is installed only on building 18
358		-	rooftops] THE SAME OR AN ADJAC ENT PARCEL OF LAND A S AN EXISTING OR 19
359		-	PROPOSED COMMUNITY S OLAR ENERGY GE NERATING SYSTEM IF T HE TOTAL 20
360		-	INSTALLED CAPACITY O F ALL COMMUNITY SOLAR ENER GY GENERATING SYSTEMS 21
361		-	ON THE SAME OR ADJAC ENT PARCEL WOULD EXC EED 5 MEGAWATTS . 22
362		-
363		-	(II) THE PROHIBITION UNDER SUBPARAGRAPH (I) OF THIS 23
364		-	PARAGRAPH DOES NOT A PPLY TO PROJECTS CONSTRUCTED : 24
365		-
366		-	1. ON THE ROOFTOPS OF B UILDINGS; 25
367		-
368		-	2. IN AREAS THAT ARE ZO NED FOR INDUSTRIAL U SE; 26
369		-
370		-	3. ON BROWNFIELDS LOCAT IONS AND CLEAN FILL SITES; 27
371		-
372		-	4. OVER PARKING LOTS OR ROADWAYS; 28
373		-
374		-	5. ON MULTILEVEL PARKIN G STRUCTURES ; 29
375		-
376		-	6. ON OR OVER TRANSPORT ATION OR PUBLIC 30
377		-	RIGHTS–OF–WAY; 31
378		-	SENATE BILL 613 9
379		-
380		-
381		-	7. AT AIRPORTS; 1
382		-
383		-	8. ON LAND THAT: 2
384		-
385		-	A. WAS PREVIOUSLY ZONED FOR INDUSTRIAL USE O R IS 3
386		-	ECOLOGICALLY COMPROM ISED; AND 4
387		-
388		-	B. IS NOT TARGETED FOR MITIGATION OR 5
389		-	RESTORATION ; OR 6
390		-
391		-	9. IN ANY LOCATION IF: 7
392		-
393		-	A. THE COMBINED CAPACIT Y OF ALL COMMUNITY SOLAR 8
394		-	ENERGY GENERATING SYSTEMS O N THE SAME OR ADJACE NT PARCEL DOES NOT 9
395		-	EXCEED 10 MEGAWATTS ; AND: 10
396		-
397		-	B. A. AT LEAST 75% OF THE AGGREGATE CAP ACITY OF THE 11
398		-	CO–LOCATED COMMUNITY SO LAR ENERGY GENERATIN G SYSTEMS SERVES LMI 12
399		-	SUBSCRIBERS OR; 13
400		-
401		-	B. FOR A SITE WITHOUT A COMMUNITY SOLAR ENER GY 14
402		-	GENERATING SYSTEM IN STALLED BEFORE THE S TART OF THE PROGRAM UNDER 15
403		-	PARAGRAPH (20) OF THIS SUBSECTION , ALL OF THE COMMUNITY SOLAR ENERGY 16
404		-	GENERATING SYSTEMS I NSTALLED AFTER THE S TART OF THE PROGRAM ARE USED 17
405		-	FOR AGRIVOLTAICS ; OR 18
406		-
407		-	C. FOR A SITE WITH A CO MMUNITY SOLAR ENERGY 19
408		-	GENERATING SYSTEM IN STALLED BEFORE THE S TART OF THE PROGRAM UNDER 20
409		-	PARAGRAPH (20) OF THIS SUBSECTION , EACH NEW COMMUNITY S OLAR ENERGY 21
410		-	GENERATING SYSTEM IN STALLED AFTER THE ST ART OF THE PROGRAM IS USED FOR 22
411		-	AGRIVOLTAICS . 23
412		-
413		-	(14) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 24
414		-	MAY ELECT FOR A SUBS CRIBER OR A COMMUNITY SOLAR ENER GY GENERATING 25
415		-	SYSTEM REPRESENTED B Y THE SUBSCRIBER ORG ANIZATION OR SUBSCRI PTION 26
416		-	COORDINATOR TO PARTICIPATE IN CO NSOLIDATED BILLING . 27
417		-
418		-	(15) AN ELECTRIC COMPANY S HALL PROVIDE ACCESS TO CUSTOMER 28
419		-	BILLING AND USAGE DA TA TO A SUBSCRIBER O RGANIZATION OR SUBSCRI PTION 29
420		-	COORDINATOR IF THE C USTOMER PROVIDES TO THE ELECTRIC COMPANY 30
421		-	AFFIRMATIVE CONSENT THAT IS ACCOMPANIED BY A WRITTEN OR ELEC TRONIC 31
422		-	SIGNATURE. 32
423		-	10 SENATE BILL 613
424		-
425		-
426		-	(16) (I) AN ELECTRIC COMPANY M AY REQUIRE A REASONABLE FEE 1
427		-	FOR SUBSCRIBER ORGAN IZATIONS OR SUBSCRIPTION COOR DINATORS THAT USE 2
428		-	CONSOLIDATED BILLING . IF THE FEE DOES 3
429		-
430		-	(II) THE FEE UNDER SUBPARA GRAPH (I) OF THIS PARAGRAPH 4
431		-	MAY NOT EXCEED 1% OF THE BILL CREDIT VALUE TO THE SUBSCRIBER UNLESS THE 5
432		-	COMMISSION DETERMINES A HIGHER FEE IS JUST AND REASONABLE BASED ON 6
433		-	SUBSTANTIAL EVIDENCE PRESENTED BY THE ELE CTRIC COMPANY . 7
434		-
435		-	(III) AN ELECTRIC COMPANY M AY ADJUST THE FEE UN DER 8
436		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH NO T MORE THAN ONCE PER YEAR. 9
437		-
438		-	(IV) THE FEE FOR CONSOLIDA TED BILLING ASSESSED TO A 10
439		-	SUBSCRIBER ORGANIZATION O R SUBSCRIPTION COORD INATOR MAY NOT EXCEE D 11
440		-	THE FEE THAT WAS IN EFFECT WHEN THE SUBS CRIBER ORGANIZATION OR 12
441		-	SUBSCRIPTION COORDIN ATOR ELECTED FOR THE COMMUNITY SOLAR ENER GY 13
442		-	GENERATING SYSTEM RE PRESENTED BY THE SUB SCRIBER ORGANIZATION OR 14
443		-	SUBSCRIPTION COORDINATO R TO PARTICIPATE IN CONSOLIDATED BILLING . 15
444		-
445		-	(17) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 16
446		-	MAY NOT PROHIBIT A S UBSCRIBER FROM ENROL LING WITH AN ELECTRI CITY 17
447		-	SUPPLIER FOR ELECTRI C SERVICE OR SUPPLY . 18
448		-
449		-	(18) A COMMUNITY SOLAR ENERGY GENERATING SY STEM ON AN 19
450		-	ELECTRIC COMPANY QUE UE UNDER THE PILOT P ROGRAM ON SEPTEMBER 30, 2023, 20
451		-	SHALL RETAIN THE QUE UE POSITION UNDER TH E PROGRAM. 21
452		-
453		-	(19) IN CONSTRUCTING OR OP ERATING A COMMUNITY SOLAR ENERGY 22
454		-	GENERATING SYSTEM , A PERSON SHALL ADDRE SS CRITICAL AREA , CLIMATE 23
455		-	RESILIENCE, AND FOREST CONSERVAT ION CONCERNS BY COMP LYING WITH THE 24
456		-	FOREST CONSERVATION ACT AND OTHER RELEVAN T STATE AND LOCAL 25
457		-	ENVIRONMENTAL LAWS A ND REGULATIONS PERTA INING TO THE CRITICA L AREA, 26
458		-	CLIMATE RESILIENCE , AND FOREST CONSERV ATION. 27
459		-
460		-	[(14)] (20) The [pilot program] PROGRAM shall[: 28
461		-
462		-	(i)] begin on the earlier of: 29
463		-
464		-	[1.] (I) the date of submission of the first petition of a 30
465		-	subscriber organization under paragraph (10) of this subsection after the Commission 31
466		-	adopts the regulations required under subsection [(e)] (F) of this section; or 32
467		-
468		-	[2.] (II) 6 months after the Commission adopts those 33
469		-	regulations[; and 34 SENATE BILL 613 11
	281	+	generating system that is not owned by an electric company shall be purchased under the 30
	282	+	electric company’s process for purchasing the output from qualifying facilities at the 31
	283	+	amount it would have cost the electric company to procure the energy. 32 SENATE BILL 613 7
470	284
471	285
472	286
473		-	(ii) end 7 years after the beginning date, but not sooner than 1
474		-	December 31, 2024. 2
	287	+	(8) An electric company shall use energy generated from a community solar 1
	288	+	energy generating system to offset purchases from wholesale electricity suppliers for 2
	289	+	standard offer service. 3
475	290
476		-	(15) ~~The Commission shall limit the pilot program in such a way that the 3~~
477		-	~~Commission may conduct a meaningful study~~ of the ~~pilot program and its results, including: 4~~
	291	+	(9) All costs associated with small generator interconnection standards 4
	292	+	under COMAR 20.50.09 are the responsibility of the subscriber organization. 5
478	293
479		-	(i) the appropriate number of community solar energy generating 5
480		-	systems to be included in the pilot program; 6
	294	+	(10) A subscriber organization may petition an electric company to 6
	295	+	coordinate the interconnection and commencement of operations of a community solar 7
	296	+	energy generating system after the Commission adopts regulations required under 8
	297	+	subsection (e) of this section. 9
481	298
482		-	(ii) the appropriate amount of generating capacity of the community 7
483		-	solar energy generating systems to be included in the pilot program and the annual capacity 8
484		-	limits for each program category, each of which should increase throughout the duration of 9
485		-	the pilot program; and 10
	299	+	(11) A subscriber organization may contract with a third party for the third 10
	300	+	party to finance, build, own, or operate a community solar energy generating system. 11
486	301
487		-	(~~iii~~) a ~~variety of appropriate geographical areas~~ in the ~~State for 11~~
488		-	~~locating community solar energy generating systems to be included in the pilot~~ program]. 12
	302	+	(12) A municipal utility or cooperative utility may participate in the [pilot 12
	303	+	program] PROGRAM. 13
489	304
490		-	(e) On or before May 15, 2016, the Commission shall adopt regulations to 13
491		-	implement this section, including regulations for: 14
	305	+	(13) (I) [Equipment for] EXCEPT AS PROVIDED IN SUBPARAGRAPH 14
	306	+	(II) OF THIS PARAGRAPH , a community solar energy generating system may not be [built] 15
	307	+	LOCATED on [contiguous parcels of land unless the equipment is installed only on building 16
	308	+	rooftops] THE SAME OR AN ADJAC ENT PARCEL OF LAND A S AN EXISTING OR 17
	309	+	PROPOSED COMMUNITY S OLAR ENERGY GENERATI NG SYSTEM IF THE TOT AL 18
	310	+	INSTALLED CAPACITY O F ALL GENERATING SYSTEMS O N THE SAME OR ADJACE NT 19
	311	+	PARCEL WOULD EXCEED 5 MEGAWATTS . 20
492	312
493		-	(1) consumer protection; 15
	313	+	(II) THE PROHIBITION UNDER SUBPARAGRAPH (I) OF THIS 21
	314	+	PARAGRAPH DOES NOT A PPLY TO PROJECTS CON STRUCTED: 22
494	315
495		-	(2) a tariff structure for an electric company to provide a subscriber with 16
496		-	the kilowatt–hours or value of the subscriber’s subscription, as the Commission determines; 17
	316	+	1. ON THE ROOFTOPS OF B UILDINGS; 23
497	317
498		-	(3) a calculation for virtual net energy metering as the Commission 18
499		-	determines; 19
	318	+	2. IN AREAS THAT ARE ZO NED FOR INDUSTRIAL USE ; 24
500	319
501		-	(4) a protocol for electric companies, electricity suppliers, and subscriber 20
502		-	organizations to communicate the information necessary to calculate and provide the 21
503		-	monthly electric bill credits and yearly net excess generation payments required by this 22
504		-	section; and 23
	320	+	3. ON BROWNFIELDS LOCAT IONS AND CLEAN FILL SITES; 25
505	321
506		-	(5) a protocol for a subscriber organization to coordinate with an electric 24
507		-	company for the interconnection and commencement of operations of a community solar 25
508		-	energy generating system. 26
	322	+	4. OVER PARKING LOTS OR ROADWAYS; 26
509	323
510		-	(F) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , TO IMPLEMENT 27
511		-	THE PROGRAM, THE COMMISSION SHALL , ON OR BEFORE OCTOBER 1, 2024 28
512		-	JANUARY 1, 2025, ADOPT REVISIONS TO T HE REGULATIONS ADOPT ED UNDER 29
513		-	SUBSECTION (E) OF THIS SECTION FOR THE PILOT PROGRAM , INCLUDING REVISIONS 30
514		-	THAT: 31
	324	+	5. ON MULTILEVEL PARKIN G STRUCTURES ; 27
515	325
516		-	(I) REMOVE ALL PROGRAM CATEGORIES , PROJECT 32
517		-	GENERATING CAPACITY LIMITS, YEARLY PROGRAMMATIC AND ELECTRIC 33 12 SENATE BILL 613
	326	+	6. ON OR OVER TRANSPORT ATION OR PUBLIC 28
	327	+	RIGHTS–OF–WAY; 29
	328	+
	329	+	7. AT AIRPORTS; 30
	330	+	8 SENATE BILL 613
518	331
519	332
520		-	COMPANY–SPECIFIC CAPACITY LI MITS, AND SUNSET DATES SO THAT THE TOTAL 1
521		-	NUMBER AND CAPACITY OF COMMUNITY SOLAR ENERGY GENERATING SY STEMS IS 2
522		-	SUBJECT ONLY TO THE OVERALL LIMITATION F OR ALL NET METERING PROJECTS 3
523		-	ESTABLISHED UNDER § 7–306(D) OF THIS SUBTITLE; 4
	333	+	8. ON LAND THAT: 1
524	334
525		-	(II) AUTHORIZE ALL COMMUN ITY SOLAR ENERGY GEN ERATING 5
526		-	SYSTEMS, INCLUDING THOSE CONS TRUCTED DURING THE P ILOT PROGRAM, TO 6
527		-	OPERATE AND GENERATE SUBSCRIPTION CREDITS UNTIL THE COMMUNITY SOLAR 7
528		-	ENERGY GENERATING SY STEM IS DECOMMISSION ED; 8
	335	+	A. WAS PREVIOUSLY ZONED FOR INDUSTRIAL USE O R IS 2
	336	+	ECOLOGICALLY COMPROM ISED; AND 3
529	337
530		-	~~(III) ADJUST CO–LOCATION RESTRICTION S TO COMPLY WITH 9~~
531		-	~~SUBSECTION (D)(13) OF THIS SECTION~~; 10
	338	+	B. IS NOT TARGETED FOR MITIGATION OR 4
	339	+	RESTORATION ; OR 5
532	340
533		-	(IV) ALLOW A CUSTOMER SUBSCRIBER ORGANIZATION OR 11
534		-	SUBSCRIPTION COORDIN ATOR TO VERIFY, WHEN SUBSCRIBING TO A COMMUNITY 12
535		-	SOLAR ENERGY GENERAT ING SYSTEM, THE INCOME OF A PROSPECTIVE SUB SCRIBER 13
536		-	FOR ELIGIBILITY AS A N LMI SUBSCRIBER UNDER THE PROGRAM BY USING ONE OF 14
537		-	THE FOLLOWING METHOD S: 15
	341	+	9. IN ANY LOCATION IF : 6
538	342
539		-	1. SELF–ATTESTATION BY THE PROSPECTIVE 16
540		-	SUBSCRIBER THAT DOES NOT NEED T O BE UNDER OATH OR P ENALTY OF PERJURY ; 17
	343	+	A. THE COMBINED CAPACIT Y OF ALL GENERATING 7
	344	+	SYSTEMS ON THE SAME OR ADJACENT PARCEL D OES NOT EXCEED 10 MEGAWATTS ; 8
	345	+	AND 9
541	346
542		-	2. ~~PROVIDING REQUIRING~~ THE ~~PROSPE~~ ~~CTIVE 18~~
543		-	~~SUBSCRIBER TO PROVID E EVIDENCE OF ELIGIBIL ITY FOR OR ENROLLMEN T IN AT 19~~
544		-	~~LEAST ONE OF THE FOL LOWING GOVERNMENT ASSISTANC E PROGRAMS : 20~~
	347	+	B. AT LEAST 75% OF THE AGGREGATE CAP ACITY OF THE 10
	348	+	CO–LOCATED COMMUNITY SO LAR ENERGY GENERATIN G SYSTEMS SERVES LMI 11
	349	+	SUBSCRIBERS OR IS US ED FOR AGRIVOLTAICS . 12
545	350
546		-	A. THE MARYLAND ENERGY ASSISTANCE PROGRAM; 21
	351	+	(14) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 13
	352	+	MAY ELECT FOR A SUBS CRIBER TO PARTICIPAT E IN CONSOLIDATED BI LLING. 14
547	353
548		-	B. THE SUPPLEMENTAL NUTRITION ASSISTANCE 22
549		-	PROGRAM; 23
	354	+	(15) AN ELECTRIC COMPANY S HALL PROVIDE ACCESS TO CUSTOMER 15
	355	+	BILLING AND USAGE DA TA TO A SUBSCRIBER O RGANIZATION OR SUBSCRIPTION 16
	356	+	COORDINATOR IF THE C USTOMER PROVIDES TO THE ELECTRIC COMPANY 17
	357	+	AFFIRMATIVE CONSENT THAT IS ACCOMPANIED BY A WRITTEN OR ELEC TRONIC 18
	358	+	SIGNATURE. 19
550	359
551		-	C. MEDICAID; 24
	360	+	(16) AN ELECTRIC COMPANY M AY REQUIRE A FEE FOR SUBSCRIBER 20
	361	+	ORGANIZATIONS OR SUB SCRIPTION COORD INATORS THAT USE CON SOLIDATED 21
	362	+	BILLING IF THE FEE D OES NOT EXCEED 1% OF THE CREDIT VALUE TO THE 22
	363	+	SUBSCRIBER. 23
552	364
553		-	D. HEAD START; 25
	365	+	(17) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 24
	366	+	MAY NOT PROHIBIT A S UBSCRIBER FROM ENROL LING WITH AN ELECTRI CITY 25
	367	+	SUPPLIER FOR ELECTRI C SERVICE OR SUPPLY . 26
554	368
555		-	E. FREE AND REDUCED PRI CE SCHOOL MEALS ; 26
	369	+	(18) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM ON AN 27
	370	+	ELECTRIC COMPANY QUE UE UNDER THE PILOT P ROGRAM ON SEPTEMBER 30, 2023, 28
	371	+	SHALL RETAIN THE QUE UE POSITION UNDER TH E PROGRAM. 29
556	372
557		-	F. THE FEDERAL LOW INCOME HOME ENERGY 27
558		-	ASSISTANCE PROGRAM; 28
559		-
560		-	G. EMPOWER MARYLAND LOW – OR 29
561		-	MODERATE–INCOME INCENTIVES ; 30
562		-
563		-	H. TELEPHONE LIFELINE S ERVICE; 31 SENATE BILL 613 13
	373	+	(19) IN CONSTRUCTING OR OP ERATING A COMMUNITY SOLAR ENERGY 30
	374	+	GENERATING SYSTEM , A PERSON SHALL ADDRE SS CRITICAL AREA , CLIMATE 31
	375	+	RESILIENCE, AND FOREST CONSERVAT ION CONCERNS BY COMP LYING WITH THE 32 SENATE BILL 613 9
564	376
565	377
	378	+	FOREST CONSERVATION ACT AND OTHER RELEVAN T STATE AND LOCAL 1
	379	+	ENVIRONMENTAL LAWS A ND REGULATIONS PERTA INING TO THE CRITICA L AREA, 2
	380	+	CLIMATE RESILIENCE , AND FOREST CONSERVAT ION. 3
566	381
567		-	I. THE ~~FUEL FUND OF MARYLAND;~~ ~~OR 1~~
	382	+	[(14)] (20) The [pilot program] PROGRAM shall[: 4
568	383
569		-	J. ANY ADDITIONAL FEDER AL, STATE, OR LOCAL 2
570		-	ASSISTANCE PROGRAM T HAT THE COMMISSION DETER MINES WILL FURTHER T HE 3
571		-	PURPOSES OF THE PROGRAM; 4
	384	+	(i)] begin on the earlier of: 5
572	385
573		-	3. PAY STUBS; 5
	386	+	[1.] (I) the date of submission of the first petition of a 6
	387	+	subscriber organization under paragraph (10) of this subsection after the Commission 7
	388	+	adopts the regulations required under subsection [(e)] (F) of this section; or 8
574	389
575		-	4. INCOME TAX DOCUMENTS ; 6
	390	+	[2.] (II) 6 months after the Commission adopts those 9
	391	+	regulations[; and 10
576	392
577		-	~~5. PROOF OF RESIDENCE I N AN AFFORDABLE HOUS ING~~ 7
578		-	~~FACILITY; 8~~
	393	+	(ii) end 7 years after the beginning date, but not sooner than 11
	394	+	December 31, 2024. 12
579	395
580		-	~~6. PROOF OF RESIDENCE W ITHIN~~ A ~~CENSUS TRACT~~ THAT 9
581		-	IS: 10
	396	+	(15) The Commission shall limit the pilot program in such a way that the 13
	397	+	Commission may conduct a meaningful study of the pilot program and its results, including: 14
582	398
583		-	A. AN OVERBURDENED COMM UNITY; AND 11
	399	+	(i) the appropriate number of community solar energy generating 15
	400	+	systems to be included in the pilot program; 16
584	401
585		-	B. AN UNDERSERVED COMMU NITY; 12
	402	+	(ii) the appropriate amount of generating capacity of the community 17
	403	+	solar energy generating systems to be included in the pilot program and the annual capacity 18
	404	+	limits for each program category, each of which should increase throughout the duration of 19
	405	+	the pilot program; and 20
586	406
587		-	~~7. ANY VERIFICATION MET HOD THAT WAS AVAILAB LE 13~~
588		-	~~UNDER~~ THE PILOT ~~PROG RAM;~~ ~~OR 14~~
	407	+	(iii) a variety of appropriate geographical areas in the State for 21
	408	+	locating community solar energy generating systems to be included in the pilot program]. 22
589	409
590		-	~~8. ANY ADDITIONAL METHO DS APPROVED BY~~ THE 15
591		-	~~COMMISSION TO VERIFY INCOME;~~ 16
	410	+	(e) On or before May 15, 2016, the Commission shall adopt regulations to 23
	411	+	implement this section, including regulations for: 24
592	412
593		-	(V) ~~REQUIRE ALL ELECTRIC COMPANIES TO USE: 17~~
	413	+	(1) consumer protection; 25
594	414
595		-	~~1. BILL CREDITS APPLIED AS~~ A ~~REDUCTION IN ME TERED 18~~
596		-	KILOWATT–HOURS; OR 19
	415	+	(2) a tariff structure for an electric company to provide a subscriber with 26
	416	+	the kilowatt–hours or value of the subscriber’s subscription, as the Commission determines; 27
597	417
598		-	2. MONETARY BILL CREDITS THAT PROVIDE NOT LESS 20
599		-	THAN THE VALUE TO TH E SUBSCRIBER OF THE CREDIT HAD IT BEEN A PPLIED TO 21
600		-	THE SUBSCRIBER ’S BILL AS A REDUCTIO N IN METERED KILOWATT–HOURS; AND 22
	418	+	(3) a calculation for virtual net energy metering as the Commission 28
	419	+	determines; 29
601	420
602		-	(VI) ESTABLISH PROCEDURES FOR THE COMMISSION TO : 23
	421	+	(4) a protocol for electric companies, electricity suppliers, and subscriber 30
	422	+	organizations to communicate the information necessary to calculate and provide the 31 10 SENATE BILL 613
603	423
604		-	1. COLLECT DATA FROM SU BSCRIBER ORGANIZATIO NS, 24
605		-	WHEN APPLYING TO THE COMMISSION FOR ADMISS ION TO THE PROGRAM, ON: 25
606	424
607		-	A. THE TYPE AND QUANTIT Y OF FOREST COVER ON THE 26
608		-	SITE OF A PROPOSED C OMMUNITY SOLAR ENERG Y GENERATING SYSTEM ; AND 27
	425	+	monthly electric bill credits and yearly net excess generation payments required by this 1
	426	+	section; and 2
	427	+
	428	+	(5) a protocol for a subscriber organization to coordinate with an electric 3
	429	+	company for the interconnection and commencement of operations of a community solar 4
	430	+	energy generating system. 5
	431	+
	432	+	(F) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , TO IMPLEMENT 6
	433	+	THE PROGRAM, THE COMMISSION SHALL , ON OR BEFORE OCTOBER 1, 2024, ADOPT 7
	434	+	REVISIONS TO THE REG ULATIONS ADOPTED UND ER SUBSECTION (E) OF THIS 8
	435	+	SECTION FOR THE PILO T PROGRAM, INCLUDING REVISIONS THAT: 9
	436	+
	437	+	(I) REMOVE ALL PROGRAM CATEGORIES , PROJECT 10
	438	+	GENERATING CAPACITY LIMITS, YEARLY PROGRAMMATIC AND ELECTRIC 11
	439	+	COMPANY–SPECIFIC CAPACITY LI MITS, AND SUNSET DATES SO THAT THE TOTAL 12
	440	+	NUMBER AND CAPACITY OF COMMUNIT Y SOLAR ENERGY GENER ATING SYSTEMS IS 13
	441	+	SUBJECT ONLY TO THE OVERALL LIMITATION F OR ALL NET METERING PROJECTS 14
	442	+	ESTABLISHED UNDER § 7–306(D) OF THIS SUBTITLE; 15
	443	+
	444	+	(II) AUTHORIZE ALL COMMUN ITY SOLAR ENERGY GEN ERATING 16
	445	+	SYSTEMS, INCLUDING THOSE CONSTRUCTED DURING T HE PILOT PROGRAM , TO 17
	446	+	OPERATE AND GENERATE SUBSCRIPTION CREDITS UNTIL THE COMMUNITY SOLAR 18
	447	+	ENERGY GENERATING SY STEM IS DECOMMISSION ED; 19
	448	+
	449	+	(III) ADJUST CO–LOCATION RESTRICTION S TO COMPLY WITH 20
	450	+	SUBSECTION (D)(13) OF THIS SECTION; 21
	451	+
	452	+	(IV) ALLOW A CUSTOMER TO VERIFY, WHEN SUBSCRIBING TO A 22
	453	+	COMMUNITY SOLAR ENER GY GENERATING SYSTEM , INCOME FOR ELIGIBILI TY AS AN 23
	454	+	LMI SUBSCRIBER UNDER THE PROGRAM BY USING ONE OF THE FOLLOWING 24
	455	+	METHODS: 25
	456	+
	457	+	1. SELF–ATTESTATION THAT DOE S NOT NEED TO BE 26
	458	+	UNDER OATH OR PENALTY OF PERJURY ; 27
	459	+
	460	+	2. PROVIDING EVIDENCE O F ELIGIBILITY FOR OR 28
	461	+	ENROLLMENT IN AT LEA ST ONE OF THE FOLLOW ING GOVERNMENT ASSIS TANCE 29
	462	+	PROGRAMS: 30
	463	+
	464	+	A. THE MARYLAND ENERGY ASSISTANCE PROGRAM; 31
	465	+
	466	+	B. THE SUPPLEMENTAL NUTRITION ASSISTANCE 32
	467	+	PROGRAM; 33
	468	+	SENATE BILL 613 11
	469	+
	470	+
	471	+	C. MEDICAID; 1
	472	+
	473	+	D. HEAD START; 2
	474	+
	475	+	E. FREE AND REDUCED PRI CE SCHOOL MEALS ; 3
	476	+
	477	+	F. THE FEDERAL LOW INCOME HOME ENERGY 4
	478	+	ASSISTANCE PROGRAM; 5
	479	+
	480	+	G. EMPOWER MARYLAND LOW – OR 6
	481	+	MODERATE–INCOME INCENTIVES ; 7
	482	+
	483	+	H. TELEPHONE LIFELINE S ERVICE; 8
	484	+
	485	+	I. THE FUEL FUND OF MARYLAND; OR 9
	486	+
	487	+	J. ANY ADDITIONAL FEDER AL, STATE, OR LOCAL 10
	488	+	ASSISTANCE PROGRAM T HAT THE COMMISSION DETERMINES WILL FURTHER THE 11
	489	+	PURPOSES OF THE PROGRAM; 12
	490	+
	491	+	3. PAY STUBS; 13
	492	+
	493	+	4. INCOME TAX DOCUMENTS ; 14
	494	+
	495	+	5. PROOF OF RESIDENCE I N AN AFFORDABLE HOUSING 15
	496	+	FACILITY; 16
	497	+
	498	+	6. PROOF OF RESIDENCE W ITHIN A CENSUS TRACT THAT 17
	499	+	IS: 18
	500	+
	501	+	A. AN OVERBURDENED COMM UNITY; AND 19
	502	+
	503	+	B. AN UNDERSERVED COMMU NITY; 20
	504	+
	505	+	7. ANY VERIFICATION MET HOD THAT WAS AVAILAB LE 21
	506	+	UNDER THE PILOT PROG RAM; OR 22
	507	+
	508	+	8. ANY ADDITIONAL MET HODS APPROVED BY THE 23
	509	+	COMMISSION TO VERIFY INCOME; 24
	510	+
	511	+	(V) REQUIRE ALL ELECTRIC COMPANIES TO USE MON ETARY 25
	512	+	CREDITS THAT PROVIDE NOT LESS THAN THE VA LUE TO THE SUBSCRIBE R OF THE 26 12 SENATE BILL 613
	513	+
	514	+
	515	+	CREDIT HAD IT BEEN A PPLIED TO THE SUBSCR IBER’S BILL AS A REDUCTIO N IN 1
	516	+	METERED KI LOWATT–HOURS; AND 2
	517	+
	518	+	(VI) ESTABLISH PROCEDURES FOR THE COMMISSION TO : 3
	519	+
	520	+	1. COLLECT DATA FROM SU BSCRIBER ORGANIZATIO NS, 4
	521	+	WHEN APPLYING TO THE COMMISSION FOR ADMISS ION TO THE PROGRAM, ON: 5
	522	+
	523	+	A. THE TYPE AND QUANTIT Y OF FOREST COVER ON THE 6
	524	+	SITE OF A PROPOSED COMMUNITY SOLA R ENERGY GENERATING SYSTEM; AND 7
	525	+
	526	+	B. ANY ANTICIPATED IMPA CTS THAT THE 8
	527	+	CONSTRUCTION OF THE PROPOSED COMMUNITY S OLAR ENERGY GENERATI NG 9
	528	+	SYSTEM WILL HAVE ON TREES AND FOREST COV ER AT THE SITE OF TH E PROPOSED 10
	529	+	COMMUNITY SOLAR ENER GY GENERATING SYSTEM ; AND 11
	530	+
	531	+	2. MAKE THE DATA COLLEC TED UNDER ITEM 1 OF THIS 12
	532	+	ITEM AVAILABLE TO TH E PUBLIC IN A FORMAT AGGREGATED BY COUNTY . 13
	533	+
	534	+	(2) ON OR BEFORE OCTOBER 1, 2024, THE COMMISSION SHALL 14
	535	+	APPROVE ELECTRIC COM PANY TARIFF MODIFICA TIONS THAT ARE CO NSISTENT 15
	536	+	WITH THE REGULATIONS ADOPTED UNDER THIS S UBSECTION. 16
	537	+
	538	+	(G) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , ON OR BEFORE 17
	539	+	APRIL 1, 2025, THE COMMISSION SHALL ADOP T REGULATIONS THAT : 18
	540	+
	541	+	(I) IMPLEMENT CONSOLIDAT ED BILLING BY ELECTR IC 19
	542	+	COMPANIES, INCLUDING PURCHASE OF REC EIVABLES PROTOCOLS ; 20
	543	+
	544	+	(II) REQUIRE ALL ELECTRIC COMPANIES TO REPORT BILLING 21
	545	+	AND CREDITING ERRORS TO THE COMMISSION ON A REGUL AR SCHEDULE ; 22
	546	+
	547	+	(III) IMPOSE SPECIFIC TIMI NG REQUIREMENTS FOR 23
	548	+	APPLICATION OF BILL CREDITS TO SUBSCRIBE R BILLS AND APPLICATION OF 24
	549	+	ROLLOVER CREDITS ; 25
	550	+
	551	+	(IV) IMPLEMENT DATA EXCHA NGE PROTOCOLS FOR EL ECTRIC 26
	552	+	COMPANIES, SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS, 27
	553	+	INCLUDING REQUIRED D ATA FIELDS FOR ELECT RIC COMPANY ALLOCATI ON 28
	554	+	REPORTS; 29
	555	+	SENATE BILL 613 13
	556	+
	557	+
	558	+	(V) FOR SUBSCRIBE RS ENROLLED IN BUDGE T BILLING, 1
	559	+	REQUIRE ELECTRIC COM PANIES TO APPLY COMM UNITY SOLAR CREDITS TO THE 2
	560	+	MONTHLY AMOUNT DUE R ATHER THAN THE UNDER LYING BALANCE ; 3
	561	+
	562	+	(VI) REQUIRE ALL ELECTRIC COMPANIES TO SHOW AP PLIED AND 4
	563	+	BANKED CREDITS ON EA CH BILL RENDERED TO A SUBSCRIBER; AND 5
	564	+
	565	+	(VII) IMPLEMENT ANY ADDITI ONAL CHANGES THE COMMISSION 6
	566	+	DETERMINES WILL IMPR OVE BILLING AND CRED ITING PROCESSES FOR 7
	567	+	SUBSCRIBERS , SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS. 8
	568	+
	569	+	(2) ON OR BEFORE APRIL 1, 2025, THE COMMISSION SHA LL APPROVE 9
	570	+	ELECTRIC COMPANY TAR IFF MODIFICATIONS TH AT ARE CONSISTENT WI TH THE 10
	571	+	REGULATIONS ADOPTED UNDER THIS SUBSECTIO N. 11
	572	+
	573	+	(H) THE COMMISSION SHALL CONV ENE A STAKEHOLDER WO RKGROUP TO 12
	574	+	PROVIDE RECOMMENDATI ONS REGARDING THE RE GULATIONS TO BE ADOP TED BY 13
	575	+	THE COMMISSION UNDER SUBSE CTIONS (F) AND (G) OF THIS SECTION. 14
	576	+
	577	+	(I) THE COMMISSION SHALL CONS IDER AND IMPLEMENT M ETHODOLOGIES 15
	578	+	TO ALLOW THE TENANTS OF MASTER –METERED RESIDENTIAL FACILITIES TO 16
	579	+	PARTICIPATE IN THE PROGRAM AND BENEFIT D IRECTLY FROM ANY ASS OCIATED 17
	580	+	ELECTRIC BILL SAVINGS . 18
	581	+
	582	+	[(f)] (J) (1) Subject to regulations or orders of the Commission, a contract 19
	583	+	relating to a community solar energy generating system [or], subscriber organization, OR 20
	584	+	SUBSCRIPTION COORDIN ATOR that is entered into during the pilot program OR THE 21
	585	+	PROGRAM shall remain in effect according to the terms of the contract, including after the 22
	586	+	termination of the pilot program OR THE PROGRAM. 23
	587	+
	588	+	(2) [(i) This paragraph applies to electric companies, elec tric 24
	589	+	cooperatives, and municipal utilities that participate in the Program. 25
	590	+
	591	+	(ii) A subscriber who has a change in the service address associated 26
	592	+	with the subscriber’s subscription may maintain the subscription for the new address if the 27
	593	+	new address is within the same electric territory as the old address. 28
	594	+
	595	+	(iii) An electric company or a subscriber organization may not 29
	596	+	terminate a subscriber’s subscription due to a change of address for the service address 30
	597	+	associated with the subscription if the requirements under subparagraph (ii) of this 31
	598	+	paragraph are met. 32
	599	+
	600	+	(iv) An electric company shall make any changes necessary to 33
	601	+	accommodate a subscriber’s change of address on notification by a subscriber organization. 34
609	602		14 SENATE BILL 613
610	603
611	604
612		-	B. ANY ANTICIPATED IMPA CTS THAT THE 1
613		-	CONSTRUCTION OF THE PROPOSED COMMUNITY S OLAR ENERGY GENERATI NG 2
614		-	SYSTEM WILL HAVE ON TREES AND FOREST COV ER AT THE SITE OF THE PROPOSED 3
615		-	COMMUNITY SOLAR ENER GY GENERATING SYSTEM ; AND 4
	605	+	(g) After termination of the pilot program,] ON AND AFTER OCTOBER 1, 2023, 1
	606	+	in accordance with the operational and billing requirements in subsection (d) of this section: 2
616	607
617		-	2. MAKE THE DATA COLLEC TED UNDER ITEM 1 OF THIS 5
618		-	ITEM AVAILABLE TO TH E PUBLIC IN A FORMAT AGGREGATED BY COUNTY . 6
	608	+	[(1)] (I) a subscriber organization may continue the operation of a 3
	609	+	community solar energy generating system that began operation during the pilot program, 4
	610	+	including the creation and trading of subscriptions; and 5
619	611
620		-	(2) ON OR BEFORE OCTOBER 1, 2024 JULY 1, 2025, THE COMMISSION 7
621		-	SHALL APPROVE ELECTR IC COMPANY TARIFF MO DIFICATIONS THAT ARE 8
622		-	CONSISTENT WITH THE REGULATIONS ADOPTED UNDER THIS SUBSECTIO N. 9
	612	+	[(2)] (II) in accordance with the tariffs established under [subsection] 6
	613	+	SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section, an electric company shall continue 7
	614	+	to facilitate the operation of a community solar energy generating system that began 8
	615	+	operation during the pilot program. 9
623	616
624		-	(G) (1) SUBJECT TO SUBSECTION (H) OF THIS SECTION , ON OR BEFORE 10
625		-	APRIL JULY 1, 2025, THE COMMISSION SHALL ADOP T REGULATIONS THAT : 11
	617	+	[(h)] (K) The cumulative installed nameplate capacity under the pilot program 10
	618	+	AND THE PROGRAM shall count toward the overall limitation for all net metering projects 11
	619	+	established under § 7–306(d) of this subtitle. 12
626	620
627		-	(I) IMPLEMENT CONSOLIDAT ED BILLING BY ELECTR IC 12
628		-	COMPANIES THAT MUST BE IN EFFE CT BY JANUARY 1, 2026, INCLUDING PROTOCOLS 13
629		-	FOR PURCHASE OF RECEIVAB LES PROTOCOLS OR NET CREDITING ; 14
630		-
631		-	(II) REQUIRE ALL ELECTRIC COMPANIES T O REPORT BILLING 15
632		-	AND CREDITING ERRORS TO THE COMMISSION ON A REGUL AR SCHEDULE ; 16
633		-
634		-	(III) IMPOSE SPECIFIC TIMI NG REQUIREMENTS FOR 17
635		-	APPLICATION OF BILL CREDITS TO SUBSCRIBE R BILLS AND APPLICAT ION OF 18
636		-	ROLLOVER CREDITS ; 19
637		-
638		-	(IV) IMPLEMENT DAT A EXCHANGE PROTOCOLS FOR ELECTRIC 20
639		-	COMPANIES, SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS, 21
640		-	INCLUDING REQUIRED D ATA FIELDS FOR ELECT RIC COMPANY ALLOCATI ON 22
641		-	REPORTS; 23
642		-
643		-	(V) FOR SUBSCRIBERS ENRO LLED IN BUDGET BILLI NG, 24
644		-	REQUIRE ELECTRIC COM PANIES TO APPLY COMMUNITY SOLA R CREDITS TO THE 25
645		-	MONTHLY AMOUNT DUE R ATHER THAN THE UNDER LYING BALANCE ; 26
646		-
647		-	(VI) REQUIRE ALL ELECTRIC COMPANIES TO SHOW AP PLIED AND 27
648		-	BANKED CREDITS ON EA CH BILL RENDERED TO A SUBSCRIBER; AND 28
649		-
650		-	(VII) IMPLEMENT ANY ADDITI ONAL CHANGES THE COMMISSION 29
651		-	DETERMINES WILL IMPR OVE BILLING AND CRED ITING PROCESSES FOR 30
652		-	SUBSCRIBERS , SUBSCRIBER ORGANIZAT IONS, AND SUBSCRIPTION COO RDINATORS. 31
653		-	SENATE BILL 613 15
654		-
655		-
656		-	(2) ON OR BEFORE APRIL 1, 2025 JANUARY 1, 2026, THE 1
657		-	COMMISSION SHALL APPR OVE ELECTRIC COMPANY TARIFF MODIFICATIONS THAT 2
658		-	ARE CONSISTENT WITH THE REGULATIONS ADOP TED UNDER THIS SUBSE CTION. 3
659		-
660		-	(H) THE COMMISSION SHALL CONV ENE A STAKEHOLDER WO RKGROUP TO 4
661		-	PROVIDE RECOMMENDATI ONS REGARDING THE RE GULATIONS TO BE ADOP TED BY 5
662		-	THE COMMISSION UNDER SUBS ECTIONS (F) AND (G) OF THIS SECTION. 6
663		-
664		-	(I) THE COMMISSION SHALL CONS IDER AND IMPLEMENT M ETHODOLOGIES 7
665		-	TO ALLOW THE TENANTS OF MASTER –METERED RESIDENTIAL FACILITIES TO 8
666		-	PARTICIPATE IN THE PROGRAM AND BENEFIT D IRECTLY FROM ANY ASS OCIATED 9
667		-	ELECTRIC BILL SAVING S. 10
668		-
669		-	[(f)] (J) (1) Subject to regulations or orders of the Commission, a contract 11
670		-	relating to a community solar energy generating system [or], subscriber organization, OR 12
671		-	SUBSCRIPTION COORDIN ATOR that is entered into during the pilot program OR THE 13
672		-	PROGRAM shall remain in effect according to the terms of the contract, including after the 14
673		-	termination of the pilot program OR THE PROGRAM. 15
674		-
675		-	(2) [(i) This paragraph applies to electric companies, electric 16
676		-	cooperatives, and municipal utilities that participate in the Program. 17
677		-
678		-	(ii) A subscriber who has a change in the service address associated 18
679		-	with the subscriber’s subscription may maintain the subscription for the new address if the 19
680		-	new address is within the same electric territory as the old address. 20
681		-
682		-	(iii) An electric company or a subscriber organization may not 21
683		-	terminate a subscriber’s subscription due to a change of address for the service address 22
684		-	associated with the subscription if the requirements under subparagraph (ii) of this 23
685		-	paragraph are met. 24
686		-
687		-	(iv) An electric company shall make any changes necessary to 25
688		-	accommodate a subscriber’s change of address on notification by a subscriber organization. 26
689		-
690		-	(g) (3) After termination of the pilot program,] ON AND AFTER OCTOBER 1, 27
691		-	2023, in accordance with the operational and billing requirements in subsection (d) of this 28
692		-	section: 29
693		-
694		-	[(1)] (I) a subscriber organization may continue the operation of a 30
695		-	community solar energy generating system that began operation during the pilot program, 31
696		-	including the creation and trading of subscriptions; and 32
697		-
698		-	[(2)] (II) in accordance with the tariffs established under [subsection] 33
699		-	SUBSECTIONS (e)(2), (F)(2), AND (G)(2) of this section, an electric company shall continue 34 16 SENATE BILL 613
700		-
701		-
702		-	to facilitate the operation of a community solar energy generating system that began 1
703		-	operation during the pilot program. 2
704		-
705		-	[(h)] (K) The cumulative installed nameplate capacity under the pilot program 3
706		-	AND THE PROGRAM shall count toward the overall limitation for all net metering projects 4
707		-	established under § 7–306(d) of this subtitle. 5
708		-
709		-	(L) (1) (I) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION 6
710		-	COORDINATOR MAY NOT REQUIRE AN LMI SUBSCRIBER TO UNDERG O A CREDIT 7
711		-	CHECK OR PAY A SIGN –UP FEE TO SUBSCRIBE TO A COMMUNITY SOLAR ENERGY 8
712		-	GENERATING SYSTEM . 9
713		-
714		-	(II) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION 10
715		-	COORDINATOR SHALL : 11
716		-
717		-	1. VERIFY THE ELIGIBILI TY OF AN LMI SUBSCRIBER IN 12
718		-	ACCORDANCE WITH SUBS ECTION (F)(1)(IV) OF THIS SECTION; AND 13
719		-
720		-	2. RETAIN RECORDS OF EA CH DETERMINATION OF 14
721		-	ELIGIBILITY FOR AN LMI SUBSCRIBER TO BE MAD E AVAILABLE TO THE 15
722		-	COMMISSION ON REQUEST . 16
	621	+	(L) (1) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 13
	622	+	MAY NOT REQUIRE AN LMI SUBSCRIBER TO UNDERG O A CREDIT CHECK OR PAY A 14
	623	+	SIGN–UP FEE TO SUBSCRIBE TO A COMMUNITY S OLAR ENERGY GENERATI NG 15
	624	+	SYSTEM. 16
723	625
724	626		(2) A SUBSCRIBER WHO A SUB SCRIBER ORGANIZATION DETERMINED 17
725	627		WAS ELIGIBLE TO PART ICIPATE AS A LOW –INCOME OR MODERATE –INCOME 18
726	628		SUBSCRIBER UNDER THE PILOT PROGRAM SHALL REMAIN ELIGIBLE AS A N LMI 19
727	629		SUBSCRIBER UNDER THE PROGRAM. 20
728	630
729	631		(3) (I) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM 21
730	632		CONSTRUCTED UNDER TH E PILOT PROGRAM IN A CATEGORY REQUIRING T HAT AT 22
731	633		LEAST 30% OF ITS KILOWATT –HOUR OUTPUT SERVE LO W–INCOME OR 23
732	634		MODERATE–INCOME SUBSCRIBERS S HALL CONTINUE TO SER VE AT LEAST 30% OF 24
733	635		ITS KILOW ATT–HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME 25
734	636		SUBSCRIBERS . 26
735	637
736	638		(II) A COMMUNITY SOLAR ENER GY GENERATING SYSTEM 27
737	639		CONSTRUCTED UNDER TH E PILOT PROGRAM IN A CATEGORY REQUIRING T HAT AT 28
738	640		LEAST 51% OF ITS KILOWATT –HOUR OUTPUT SERVE LO W–INCOME OR 29
739	641		MODERATE–INCOME SUBSCRIBERS SHALL CO NTINUE TO SERVE AT L EAST 51% OF 30
740	642		ITS KILOWATT –HOUR OUTPUT TO LOW –INCOME OR MODERATE –INCOME 31
741	643		SUBSCRIBERS . 32
742	644
743		-	(M) (1) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 33
744		-	MAY NOT CHARGE : 34
745		-	SENATE BILL 613 17
746		-
747		-
748		-	(I) A RESIDENTIAL SUBSCRIB ER WHO IS NOT PARTIC IPATING IN 1
749		-	CONSOLIDATED BILLING A SUBSCRIPTION RATE THAT IS MORE THAN TH E 2
750		-	MONETARY VALUE OF TH E BILL CREDIT ON A B ILL ISSUED BY THE EL ECTRIC 3
751		-	COMPANY TO THE SUBSC RIBER FOR ELECTRIC S ERVICE; OR 4
752		-
753		-	(II) AN LMI SUBSCRIBER A SUBSCRIPTION RA TE THAT IS MORE 5
754		-	THAN 90% OF THE MONETARY VALU E OF THE BILL CREDIT ON A BILL ISSUED BY THE 6
755		-	ELECTRIC COMPANY TO THE SUBSCRIBER FOR E LECTRIC SERVICE . 7
756		-
757		-	(2) A SUBSCRIBER ORGANIZAT ION OR SUBSCRIPTION COORDINATOR 8
758		-	THAT ELECTS FOR A SU BSCRIBER TO PARTICIPATE IN CO NSOLIDATED BILLING M AY 9
759		-	NOT SET A SUBSCRIPTI ON CHARGE THAT IS MO RE THAN THE MONETARY VALUE OF 10
760		-	THE BILL CREDIT ON A BILL ISSUED BY THE E LECTRIC COMPANY TO T HE 11
761		-	SUBSCRIBER. 12
762		-
763		-	(N) THE DEVELOPER OF A CO MMUNITY SOLAR ENERGY GENERATING 13
764		-	SYSTEM WITH A GENERATING CA PACITY OVER 1 MEGAWATT , AS MEASURED IN 14
765		-	ALTERNATING CURRENT , SHALL ENSURE THAT WO RKERS ARE PAID NOT L ESS THAN 15
766		-	THE PREVAILING WAGE RATE DETERMINED UNDE R TITLE 17, SUBTITLE 2 OF THE 16
767		-	STATE FINANCE AND PROCUREMENT ARTICLE, UNLESS THE COMMUNI TY SOLAR 17
768		-	ENERGY GENERATING SY STEM IS SUBJECT TO A PROJECT LABOR AGREEM ENT THAT: 18
769		-
770		-	(1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE 19
771		-	COMMUNITY SOLAR ENER GY GENERATING SYSTEM THROUGH THE INCLUSIO N OF 20
772		-	SPECIFICATIONS IN AL L RELEVANT SOLICITAT ION PROVISIONS AND CONTRACT 21
773		-	DOCUMENTS ; 22
774		-
775		-	(2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTOR S TO COMPETE 23
776		-	FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO 24
777		-	WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARGAINING 25
778		-	AGREEMENTS ; 26
779		-
780		-	(3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF 27
781		-	EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EM PLOYED ON THE PROJEC TS; 28
782		-
783		-	(4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB 29
784		-	DISRUPTIONS; 30
785		-
786		-	(5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING 31
787		-	LABOR DISPUTES ; AND 32
788		-
789		-	(6) INCLUDES ANY OTHER PROVISIONS NEG OTIATED BY THE PARTI ES 33
790		-	TO PROMOTE SUCCESSFU L DELIVERY OF THE CO MMUNITY SOLAR ENERGY 34
791		-	GENERATING SYSTEM . 35 18 SENATE BILL 613
	645	+	SECTION 2. AND BE IT FURTHER ENACTED, That a Position Identification 33
	646	+	Number shall be created in the Public Service Commission for a full–time position that will 34
	647	+	focus only on implementing and administering the Community Solar Energy Generating 35
	648	+	Systems Program under § 7–306.2 of the Public Utilities Article, as enacted under Section 36
	649	+	1 of this Act. 37 SENATE BILL 613 15
792	650
793	651
794	652
795		-	Article – Tax – Property 1
	653	+	SECTION 3. AND BE IT FURTHER ENACTE D, That, notwithstanding any other 1
	654	+	law, all regulations adopted under § 7–306.2(e) of the Public Utilities Article for the 2
	655	+	operation of the Community Solar Energy Generating Systems Pilot Program before the 3
	656	+	effective date of this Act shall continue in effect until amended or repealed. 4
796	657
797		-	7–237. 2
	658	+	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
	659	+	October 1, 2023. 6
798	660
799		-	(a) Except as provided in subsection (b) of this section, personal property is 3
800		-	exempt from property tax if the property is machinery or equipment used to generate: 4
801		-
802		-	(1) electricity or steam for sale; or 5
803		-
804		-	(2) hot or chilled water for sale that is used to heat or cool a building. 6
805		-
806		-	(b) Subject to § 7–514 of this title, and except as provided in subsection (c) of this 7
807		-	section, personal property that is machinery or equipment described in subsection (a) of 8
808		-	this section is subject to county or municipal corporation property tax on: 9
809		-
810		-	(1) 75% of its value for the taxable year beginning July 1, 2000; and 10
811		-
812		-	(2) 50% of its value for the taxable year beginning July 1, 2001 and each 11
813		-	subsequent taxable year. 12
814		-
815		-	(c) (1) (i) In this subsection the following words have the meanings 13
816		-	indicated. 14
817		-
818		-	(ii) “Agrivoltaics” means the simultaneous use of areas of land for 15
819		-	both solar power generation and agriculture. 16
820		-
821		-	(iii) “Brownfield” means: 17
822		-
823		-	1. a former industrial or commercial site identified by federal 18
824		-	or State laws or regulations as contaminated or polluted; or 19
825		-
826		-	2. a closed municipal or rubble landfill regulated under a 20
827		-	refuse disposal permit by the Department of the Environment. 21
828		-
829		-	(iv) “Community solar energy generating system” has the meaning 22
830		-	stated in § 7–306.2 of the Public Utilities Article. 23
831		-
832		-	(v) “Electric company” has the meaning stated in § 1–101 of the 24
833		-	Public Utilities Article. 25
834		-
835		-	(2) This subsection applies through the life cycle of a community solar 26
836		-	energy generating system that: 27
837		-
838		-	(i) is placed in service after June 30, 2022; and 28
839		-	SENATE BILL 613 19
840		-
841		-
842		-	(ii) has been approved on or before December 31, 2025, by the Public 1
843		-	Service Commission under § 7–306.2 of the Public Utilities Article. 2
844		-
845		-	(3) Personal property is exempt from county or municipal corporation 3
846		-	property tax if the property is machinery or equipment that is part of a community solar 4
847		-	energy generating system that: 5
848		-
849		-	(i) [as defined in regulation of the Public Service Commission, is 6
850		-	part of a community solar generating system that: 7
851		-
852		-	1.] has a generating capacity that does not exceed 2 8
853		-	megawatts as measured by the alternating current rating of the system’s inverter; [and 9
854		-
855		-	2.] (II) provides at least 50% of the energy it produces to 10
856		-	low– or moderate–income customers at a cost that is at least 20% less than the amount 11
857		-	charged by the electric company that serves the area where the community solar energy 12
858		-	generating system is located; and 13
859		-
860		-	[(ii)] (III) 1. is used for agrivoltaics; or 14
861		-
862		-	2. is installed on a rooftop, brownfield, parking facility 15
863		-	canopy, landfill, or clean fill. 16
864		-
865		-	(4) [Personal property that receives an exemption under this subsection is 17
866		-	exempt from county or municipal corporation property tax for each taxable year in which 18
867		-	the property continues to meet the requirements for the exemption under paragraph (3) of 19
868		-	this subsection. 20
869		-
870		-	(5) The supervisor of a county or municipal corporation may not accept an 21
871		-	application from a property owner for the exemption under this subsection after December 22
872		-	31, 2024. 23
873		-
874		-	(6)] On or before October 1 each year, the Department shall report to the 24
875		-	Senate Budget and Taxation Committee and the House Ways and Means Committee, in 25
876		-	accordance with § 2–1257 of the State Government Article, on the number and location of 26
877		-	projects that, in the immediately preceding taxable year, have received the exemption 27
878		-	under this subsection. 28
879		-
880		-	SECTION 2. AND BE IT FURTHER ENACTED, That a Position Identification 29
881		-	Number shall be created in the Public Service Commission for a full–time position that will 30
882		-	focus only on implementing and administering the Community Solar Energy Generating 31
883		-	Systems Program under § 7–306.2 of the Public Utilities Article, as enacted under Section 32
884		-	1 of this Act. 33
885		-
886		-	SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding any other 34
887		-	law, all regulations adopted under § 7–306.2(e) of the Public Utilities Article for the 35 20 SENATE BILL 613
888		-
889		-
890		-	operation of the Community Solar Energy Generating Systems Pilot Program before the 1
891		-	effective date of this Act shall continue in effect until amended or repealed. 2
892		-
893		-	SECTION 4. AND BE IT FURTHER ENACTED, That the prevailing wage and 3
894		-	project labor agreement required under § 7–306.2(n) of the Public Utilities Article, as 4
895		-	enacted by Section 1 of this Act, shall be construed to apply only prospectively and may not 5
896		-	be applied or interpreted to have any effect on or application to any community solar energy 6
897		-	generating system, as defined in § 7–306.2(a)(4) of the Public Utilities Article, as enacted 7
898		-	by Section 1 of this Act, that received a queue position in the Pilot Program, as defined in 8
899		-	§ 7–306.2(a)(11) of the Public Utilities Article, as enacted by Section 1 of this Act, before 9
900		-	January 1, 2025. 10
901		-
902		-	SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
903		-	October July 1, 2023. 12
904		-
905		-
906		-
907		-
908		-	Approved:
909		-	________________________________________________________________________________
910		-	Governor.
911		-	________________________________________________________________________________
912		-	President of the Senate.
913		-	________________________________________________________________________________
914		-	Speaker of the House of Delegates.