Maryland 2023 Regular Session

Maryland Senate Bill SB781 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 95
2	1
3		-	– 1 –
4		-	Chapter 95
5		-	(Senate Bill 781)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0781
8	10
9		-	Offshore Wind Energy – State Goals and Procurement
10		-	(Promoting Offshore Wind Energy Resources Act)
	11	+	SENATE BILL 781
	12	+	M5, C5, P2 (3lr1939)
	13	+	ENROLLED BILL
	14	+	— Education, Energy, and the Environment/Economic Matters —
	15	+	Introduced by Senators Hester, Feldman, and Brooks
11	16
12		-	FOR the purpose of requiring an application for any new qualified offshore wind project
13		-	and a certain proposal for an offshore wind transmission facility to be subject to a
14		-	certain community benefit agreement; altering the requirements for a certain report
15		-	on offshore wind projects; authorizing certain offshore wind project developers to
16		-	apply for an exemption from certain requirements; requiring the Public Service
17		-	Commission to request that PJM Interconnection conduct a certain analysis of
18		-	transmission system upgrade and expansion options; requiring the Commission to
19		-	take certain actions regarding the transmission system and the analysis of
20		-	transmission system expansion options; requiring and authorizing the Commission
21		-	to issue a certain number of competitive solicitations for, or PJM Interconnection at
22		-	the request of the Commission, to take certain actions on proposals for certain
23		-	offshore wind transmission facilities and transmission upgrades and expansions;
24		-	requiring the Commission to develop certain criteria for selecting a proposal and
25		-	include certain specifications in the solicitation; exempting certain proposals from
26		-	the requirement to obtain a certificate of public convenience and necessity;
27		-	establishing that procurement of certain proposals may not impact the
28		-	interconnection plans of certain earlier offshore wind projects; requiring the
29		-	Department of General Services, in consultation with the Commission, to issue an
30		-	invitation for bids a certain solicitation for a certain power purchase agreement
31		-	within a certain time frame; requiring the Department to identify the amount of
32		-	energy necessary to meet the State’s energy needs; requiring the State to use certain
33		-	energy and associated renewable energy credits in a certain manner, offer for sale
34		-	certain energy or associated renewable energy credits, issue a certain procurement
35		-	on or before a certain date, and enter into a contract or contracts for that
36		-	procurement on or before a certain date; establishing that the State be exempted
37		-	from the renewable energy portfolio standard requirements under certain
38		-	circumstances; requiring certain contractors to submit a certain attestation within a
39		-	certain number of days after the operational commencement date of a certain power
40		-	purchase agreement; requiring the Commission to submit, on or before a certain date
41		-	each year, a report to the General Assembly on certain information collected under
42		-	the Commission’s Supplier Diversity Program; requiring a certain certification
43		-	agency to initiate a certain study regarding clean energy and offshore wind industries
44		-	and certain remedial measures; and generally relating to the development of
45		-	renewable energy.
	17	+	Read and Examined by Proofreaders:
46	18
47		-	BY repealing and reenacting, without amendments,
48		-	Article – Public Utilities
49		-	Section 7–701(a) Ch. 95 2023 LAWS OF MARYLAND
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
50	23
51		-	– 2 –
52		-	Annotated Code of Maryland
53		-	(2020 Replacement Volume and 2022 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
54	25
55		-	BY adding to
56		-	Article – Public Utilities
57		-	Section 7–701(g–1) and (h–1), 7–704.3, and 7–704.4, and 7–704.5
58		-	Annotated Code of Maryland
59		-	(2020 Replacement Volume and 2022 Supplement)
	26	+	_______ day of _______________ at ________________________ o’clock, ________M.
60	27
61		-	BY repealing and reenacting, with amendments,
62		-	Article – Public Utilities
63		-	Section 7–701(k) and 7–704.1
64		-	Annotated Code of Maryland
65		-	(2020 Replacement Volume and 2022 Supplement)
	28	+	______________________________________________
	29	+	President.
66	30
67		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLA ND,
68		-	That the Laws of Maryland read as follows:
	31	+	CHAPTER ______
69	32
70		-	~~Article – Public Utilities~~
	33	+	AN ACT concerning 1
71	34
72		-	7–701.
	35	+	Offshore Wind Energy – State Goals and Procurement 2
	36	+	(Promoting Offshore Wind Energy Resources Act) 3
73	37
74		-	(a) In this subtitle the following words have the meanings indicated.
	38	+	FOR the purpose of requiring an application for any new qualified offshore wind project 4
	39	+	and a certain proposal for an offshore wind transmission facility to be subject to a 5
	40	+	certain community benefit agreement; altering the requirements for a certain report 6
	41	+	on offshore wind projects; authorizing certain offshore wind project developers to 7
	42	+	apply for an exemption from certain requirements; requiring the Public Service 8
	43	+	Commission to request that PJM Interconnection conduct a certain analysis of 9
	44	+	transmission system upgrade and expansion options; requiring the Commission to 10
	45	+	take certain actions regarding the transmission system and the analysis of 11
	46	+	transmission system expansion options; requiring and authorizing the Commission 12
	47	+	to issue a certain number of competitive solicitations for, or PJM Interconnection at 13
	48	+	the request of the Commission, to take certain actions on proposals for certain 14
	49	+	offshore wind transmission facilities and transmission upgrades and expansions; 15 2 SENATE BILL 781
75	50
76		-	(G–1) “OFFSHORE WIND TRANSMI SSION PROJECT ” MEANS AN ELECTRIC
77		-	TRANSMISSION PROJECT SELECTED BY THE COMMISSION UNDER § 7–704.4 7–704.3
78		-	OF THIS SUBTITLE TO INTERCONNECT DIRECTL Y OR INDIRECTLY WITH ONE OR
79		-	MORE QUALIFIED OFFSH ORE WIND PROJECTS .
80	51
81		-	(H–1) “PJM INTERCONNECTION ” MEANS PJM INTERCONNECTION , LLC OR
82		-	ANY SUCCESSOR ORGANI ZATION THAT SERVICES THE PJM REGION.
	52	+	requiring the Commission to develop certain criteria for selecting a proposal and 1
	53	+	include certain specifications in the solicitation; exempting certain proposals from 2
	54	+	the requirement to obtain a certificate of public convenience and necessity; 3
	55	+	establishing that procurement of certain proposals may not impact the 4
	56	+	interconnection plans of certain earlier offshore wind projects; requiring the 5
	57	+	Department of General Services, in consultation with the Commission, to issue an 6
	58	+	invitation for bids a certain solicitation for a certain power purchase agreement 7
	59	+	within a certain time frame; requiring the Department to identify the amount of 8
	60	+	energy necessary to meet the State’s energy needs; requiring the State to use certain 9
	61	+	energy and associated renewable energy credits in a certain manner, offer for sale 10
	62	+	certain energy or associated renewable energy credits, issue a certain procurement 11
	63	+	on or before a certain date, and enter into a contract or contracts for that 12
	64	+	procurement on or before a certain date; establishing that the State be exempted 13
	65	+	from the renewable energy portfolio standard requirements under certain 14
	66	+	circumstances; requiring certain contractors to submit a certain attestation within a 15
	67	+	certain number of days after the operational commencement date of a certain power 16
	68	+	purchase agreement; requiring the Commission to submit, on or before a certain date 17
	69	+	each year, a report to the General Assembly on certain information collected under 18
	70	+	the Commission’s Supplier Diversity Program; requiring a certain certification 19
	71	+	agency to initiate a certain study regarding clean energy and offshore wind industries 20
	72	+	and certain remedial measures; and generally relating to the development of 21
	73	+	renewable energy. 22
83	74
84		-	(k) “Qualified offshore wind project” means a wind turbine electricity generation
85		-	facility, including the associated transmission–related interconnection facilities and
86		-	equipment, that:
	75	+	BY repealing and reenacting, without amendments, 23
	76	+	Article – Public Utilities 24
	77	+	Section 7–701(a) 25
	78	+	Annotated Code of Maryland 26
	79	+	(2020 Replacement Volume and 2022 Supplement) 27
87	80
88		-	(1) is located:
	81	+	BY adding to 28
	82	+	Article – Public Utilities 29
	83	+	Section 7–701(g–1) and (h–1), 7–704.3, and 7–704.4, and 7–704.5 30
	84	+	Annotated Code of Maryland 31
	85	+	(2020 Replacement Volume and 2022 Supplement) 32
89	86
90		-	~~(I) on the outer continental shelf of the Atlantic Ocean in an area~~
91		-	~~that the United States Department of the Interior designates for leasing [after coordination~~
92		-	and ~~consultation with the State in accordance with § 388(a) of the Energy Policy Act of~~
93		-	~~2005]; AND~~
94		-	~~WES MOORE,~~ ~~Governor~~ ~~Ch. 95~~
	87	+	BY repealing and reenacting, with amendments, 33
	88	+	Article – Public Utilities 34
	89	+	Section 7–701(k) and 7–704.1 35
	90	+	Annotated Code of Maryland 36
	91	+	(2020 Replacement Volume and 2022 Supplement) 37
95	92
96		-	– 3 –
97		-	(II) MORE THAN 10 MILES OFF THE COAST OF THE STATE FOR A
98		-	PROJECT SELECTED UND ER § 7–704.4 OF THIS SUBTITLE OR APPROVED UNDER §
99		-	7–704.1 OF THIS SUBTITLE AFT ER JUNE 1, 2023; and
	93	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLA ND, 38
	94	+	That the Laws of Maryland read as follows: 39
100	95
101		-	~~(2) interconnects to the PJM Interconnection grid:~~
	96	+	Article – Public Utilities 40
102	97
103		-	~~(I) at a point located on the Delmarva Peninsula;~~ OR
	98	+	7–701. 41 SENATE BILL 781 3
104	99
105		-	(II) THROUGH AN OFFSHORE WIND TRANSMISSION PR OJECT
106		-	SELECTED UNDER § 7–704.3 OF THIS SUBTITLE .
107	100
108		-	7–704.1.
109	101
110		-	(a) ~~(1)~~ The ~~General Assembly finds and declares that:~~
	102	+	(a) In this subtitle the following words have the meanings indicated. 1
111	103
112		-	(I) ~~THE STATE HAS A GOAL OF R EACHING 8,500 MEGAWATTS OF~~
113		-	~~OFFSHORE WIND ENERGY CAPACITY~~ BY ~~2031, INCLUDING ROUND 1 OFFSHORE WIND~~
114		-	~~PROJECTS, ROUND 2 OFFSHORE WIND PROJEC TS,~~ ~~AND ANY OTHER PROCUR EMENT~~
115		-	~~EFFORTS;~~
	104	+	(G–1) “OFFSHORE WIND TRANSMI SSION PROJECT ” MEANS AN ELECTRIC 2
	105	+	TRANSMISSION PROJECT SELECTED BY THE COMMISSION UNDER § 7–704.4 7–704.3 3
	106	+	OF THIS SUBTITLE TO INTERCONNECT DIRECTL Y OR INDIRECTLY WITH ONE OR 4
	107	+	MORE QUALIFIED OFFSH ORE WIND PROJECTS . 5
116	108
117		-	(II) THE GENERAL ASSEMBLY ANT ICIPATES THE ISSUANC E OF
118		-	SUFFICIENT WIND ENER GY LEASES IN THE CEN TRAL ATLANTIC REGION TO SA TISFY
119		-	THE GOAL STATED IN I TEM (I) OF THIS PARAGRAPH ;
	109	+	(H–1) “PJM INTERCONNECTION ” MEANS PJM INTERCONNECTION , LLC OR 6
	110	+	ANY SUCCESSOR ORGANI ZATION THAT SERVICES THE PJM REGION. 7
120	111
121		-	[(i)] (III) the development of offshore wind energy is important to
122		-	the economic well–being of the State and the nation; [and]
	112	+	(k) “Qualified offshore wind project” means a wind turbine electricity generation 8
	113	+	facility, including the associated transmission–related interconnection facilities and 9
	114	+	equipment, that: 10
123	115
124		-	(IV) OFFSHORE WIND CAN PR OVIDE CLEAN ENERGY A T THE
125		-	SCALE NEEDED TO HELP ACHIEVE THE STATE’S ECONOMY –WIDE NET–ZERO
126		-	GREENHOUSE GAS EMISS IONS REDUCTION TARGETS ESTABLISHED IN CHAPTER 38
127		-	OF THE ACTS OF THE GENERAL ASSEMBLY OF 2022; AND
	116	+	(1) is located: 11
128	117
129		-	[(ii)] (V) it is in the public interest of the State to facilitate the
130		-	construction of at least 1,200 megawatts of Round 2 offshore wind projects in order to:
	118	+	(I) on the outer continental shelf of the Atlantic Ocean in an area 12
	119	+	that the United States Department of the Interior designates for leasing [after coordination 13
	120	+	and consultation with the State in accordance with § 388(a) of the Energy Policy Act of 14
	121	+	2005]; AND 15
131	122
132		-	1. position the State to take advantage of the economic
133		-	development benefits of the emerging offshore wind industry;
	123	+	(II) MORE THAN 10 MILES OFF THE COAST OF THE STATE FOR A 16
	124	+	PROJECT SELECTED UND ER § 7–704.4 OF THIS SUBTITLE OR APPROVED UNDER § 17
	125	+	7–704.1 OF THIS SUBTITLE AFT ER JUNE 1, 2023; and 18
134	126
135		-	2. promote the development of renewable energy sources
136		-	that increase the nation’s independence from foreign sources of fossil fuels;
	127	+	(2) interconnects to the PJM Interconnection grid: 19
137	128
138		-	3. reduce the adverse environmental and health impacts of
139		-	traditional fossil fuel energy sources; and
140		-	Ch. 95 2023 LAWS OF MARYLAND
	129	+	(I) at a point located on the Delmarva Peninsula; OR 20
141	130
142		-	– 4 –
143		-	4. provide a long–term hedge against volatile prices of fossil
144		-	fuels; AND
	131	+	(II) THROUGH AN OFFSHORE WIND TRANSMISSION PR OJECT 21
	132	+	SELECTED UNDER § 7–704.3 OF THIS SUBTITLE . 22
145	133
146		-	(VI) IT IS IN THE PUBLIC INTEREST OF THE STATE TO MAXIMIZE
147		-	THE OPPORTUNITIES FO R OBTAINING AND USIN G FEDERAL FUNDS FOR OFFSHORE
148		-	WIND AND RELATED TRA NSMISSION PROJECTS T HROUGH THE INCLUSION OF
149		-	SPECIFIED LABOR STAN DARDS AND GOALS , DOMESTIC CONTENT REQ UIREMENTS,
150		-	AND OTHER PROVISIONS TO ALIGN STATE LAW WITH PROVIS IONS OF THE FEDERAL
151		-	INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021 AND THE FEDERAL
152		-	INFLATION REDUCTION ACT OF 2022.
	134	+	7–704.1. 23
153	135
154		-	(2) After the effective date of Commission regulations implementing this
155		-	section and § 7–704.2 of this subtitle, and before June 30, 2017, a person may submit an
156		-	application to the Commission for approval of a proposed Round 1 offshore wind project.
	136	+	(a) (1) The General Assembly finds and declares that: 24
157	137
158		-	(3) (i) On receipt of the application for approval of a Round 1 offshore
159		-	wind project, the Commission shall:
	138	+	(I) THE STATE HAS A GOAL OF R EACHING 8,500 MEGAWA TTS OF 25
	139	+	OFFSHORE WIND ENERGY CAPACITY BY 2031, INCLUDING ROUND 1 OFFSHORE WIND 26
	140	+	PROJECTS, ROUND 2 OFFSHORE WIND PROJEC TS, AND ANY OTHER PROCUR EMENT 27
	141	+	EFFORTS; 28
160	142
161		-	1. open an application period when other interested persons
162		-	may submit applications for approval of Round 1 offshore wind projects; and
	143	+	(II) THE GENERAL ASSEMBLY ANTICIPATES THE ISSUANCE OF 29
	144	+	SUFFICIENT WIND ENER GY LEASES IN THE CEN TRAL ATLANTIC REGION TO SA TISFY 30
	145	+	THE GOAL STATED IN I TEM (I) OF THIS PARAGRAPH ; 31 4 SENATE BILL 781
163	146
164		-	2. provide notice that the Commission is accepting
165		-	applications for approval of Round 1 offshore wind projects.
166	147
167		-	(ii) The Commission shall set the closing date for the application
168		-	period to be no sooner than 90 days after the notice provided under subparagraph (i) of this
169		-	paragraph.
170	148
171		-	(4) The ~~Commission shall provide additional application periods~~
172		-	~~beginning, respectively:~~
	149	+	[(i)] (III) the development of offshore wind energy is important to 1
	150	+	the economic well–being of the State and the nation; [and] 2
173	151
174		-	(i) January 1, 2020, for consideration of Round 2 offshore wind
175		-	projects to begin creating ORECs not later than 2026;
	152	+	(IV) OFFSHORE WIND CAN PR OVIDE CLEAN ENERGY A T THE 3
	153	+	SCALE NEEDED TO HELP ACHIEVE THE STATE’S ECONOMY –WIDE NET–ZERO 4
	154	+	GREENHOUSE GAS EMISS IONS REDUCTION TARGE TS ESTABLISHED IN CHAPTER 38 5
	155	+	OF THE ACTS OF THE GENERAL ASSEMBLY OF 2022; AND 6
176	156
177		-	(ii) ~~January 1,~~ ~~2021, for consideration~~ of ~~Round 2 offshore wind~~
178		-	projects to ~~begin creating ORECs not later than 2028; and~~
	157	+	[(ii)] (V) it is in the public interest of the State to facilitate the 7
	158	+	construction of at least 1,200 megawatts of Round 2 offshore wind projects in order to: 8
179	159
180		-	~~(iii) January~~ 1~~, 2022,~~ ~~for consideration~~ of ~~Round 2 offshore wind~~
181		-	~~projects to begin creating ORECs not later than 2030.~~
	160	+	1. position the State to take advantage of the economic 9
	161	+	development benefits of the emerging offshore wind industry; 10
182	162
183		-	(5) In its discretion, the Commission may provide for additional application
184		-	periods THAT MEET THE REQUIR EMENTS OF THIS SECTI ON.
185		-	WES MOORE, Governor Ch. 95
	163	+	2. promote the development of renewable energy sources 11
	164	+	that increase the nation’s independence from foreign sources of fossil fuels; 12
186	165
187		-	– 5 –
188		-	(b) Unless extended by mutual consent of the parties, the Commission shall
189		-	approve, conditionally approve, or deny an application within 180 days after the close of
190		-	the application period.
	166	+	3. reduce the adverse environmental and health impacts of 13
	167	+	traditional fossil fuel energy sources; and 14
191	168
192		-	(c) An application shall include:
	169	+	4. provide a long–term hedge against volatile prices of fossil 15
	170	+	fuels; AND 16
193	171
194		-	(1) a detailed description and financial analysis of the offshore wind
195		-	project;
	172	+	(VI) IT IS IN THE PUBLIC INTEREST OF THE STATE TO MAXIMIZE 17
	173	+	THE OPPORTUNITIES FO R OBTAINING AND USIN G FEDERAL FUNDS FOR OFFSHORE 18
	174	+	WIND AND RELATED TRA NSMISSION PROJECTS T HROUGH THE INCLUSION OF 19
	175	+	SPECIFIED LABOR STAN DARDS AND GOALS , DOMESTIC CONTENT REQ UIREMENTS, 20
	176	+	AND OTHER PROVISIONS TO ALIGN STATE LAW WITH PROVIS IONS OF THE FEDERAL 21
	177	+	INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021 AND THE FEDERAL 22
	178	+	INFLATION REDUCTION ACT OF 2022. 23
196	179
197		-	(2) the proposed method of financing the offshore wind project, including
198		-	documentation demonstrating that the applicant has applied for all current eligible State
199		-	and federal grants, rebates, tax credits, loan guarantees, or other programs available to
200		-	offset the cost of the project or provide tax advantages;
	180	+	(2) After the effective date of Commission regulations implementing this 24
	181	+	section and § 7–704.2 of this subtitle, and before June 30, 2017, a person may submit an 25
	182	+	application to the Commission for approval of a proposed Round 1 offshore wind project. 26
201	183
202		-	(3) a cost–benefit analysis that shall include at a minimum:
	184	+	(3) (i) On receipt of the application for approval of a Round 1 offshore 27
	185	+	wind project, the Commission shall: 28
203	186
204		-	(i) a detailed input–output analysis of the impact of the offshore
205		-	wind project on income, employment, wages, and taxes in the State with particular
206		-	emphasis on in–State manufacturing employment;
	187	+	1. open an application period when other interested persons 29
	188	+	may submit applications for approval of Round 1 offshore wind projects; and 30
207	189
208		-	~~(ii) detailed information concerning assumed employment impacts~~
209		-	~~in the State, including the expected duration~~ of ~~employment opportunities,~~ ~~the salary of~~
210		-	~~each position,~~ ~~and other supporting evidence of employment impacts;~~
	190	+	2. provide notice that the Commission is accepting 31
	191	+	applications for approval of Round 1 offshore wind projects. 32
	192	+	SENATE BILL 781 5
211	193
212		-	(iii) an analysis of the anticipated environmental benefits, health
213		-	benefits, and environmental impacts of the offshore wind project to the citizens of the State;
214	194
215		-	(iv) an analysis of any impact on residential, commercial, and
216		-	industrial ratepayers over the life of the offshore wind project;
	195	+	(ii) The Commission shall set the closing date for the application 1
	196	+	period to be no sooner than 90 days after the notice provided under subparagraph (i) of this 2
	197	+	paragraph. 3
217	198
218		-	(v) ~~an analysis of any long–term effect on energy and capacity~~
219		-	~~markets as a result of the proposed offshore wind project;~~
	199	+	(4) The Commission shall provide additional application periods 4
	200	+	beginning, respectively: 5
220	201
221		-	(vi) an analysis of any impact on businesses in the State; and
	202	+	(i) January 1, 2020, for consideration of Round 2 offshore wind 6
	203	+	projects to begin creating ORECs not later than 2026; 7
222	204
223		-	(~~vii~~) ~~other benefits~~, ~~such as increased in–State construction~~,
224		-	~~operations, maintenance,~~ and ~~equipment purchase;~~
	205	+	(ii) January 1, 2021, for consideration of Round 2 offshore wind 8
	206	+	projects to begin creating ORECs not later than 2028; and 9
225	207
226		-	(4) a proposed OREC pricing schedule for the offshore wind project that
227		-	shall specify a price for the generation attributes, including the energy, capacity, ancillary
228		-	services, and environmental attributes;
	208	+	(iii) January 1, 2022, for consideration of Round 2 offshore wind 10
	209	+	projects to begin creating ORECs not later than 2030. 11
229	210
230		-	(5) ~~a decommissioning plan~~ for ~~the project,~~ ~~including provisions for~~
231		-	~~decommissioning as required by~~ the ~~United States Department~~ of ~~the Interior;~~
	211	+	(5) In its discretion, the Commission may provide for additional application 12
	212	+	periods THAT MEET THE REQUIR EMENTS OF THIS SECTI ON. 13
232	213
233		-	(6) a commitment to: Ch. 95 2023 LAWS OF MARYLAND
	214	+	(b) Unless extended by mutual consent of the parties, the Commission shall 14
	215	+	approve, conditionally approve, or deny an application within 180 days after the close of 15
	216	+	the application period. 16
234	217
235		-	~~– 6 –~~
	218	+	(c) An application shall include: 17
236	219
237		-	(i) ~~abide by~~ the ~~requirements set forth in subsection [(e)] (F) of this~~
238		-	~~section~~; ~~and~~
	220	+	(1) a detailed description and financial analysis of the offshore wind 18
	221	+	project; 19
239	222
240		-	(ii) deposit at least $6,000,000, in the manner required under
241		-	subsection [(g)] (H) of this section, into the Maryland Offshore Wind Business Development
242		-	Fund established under § 9–20C–03 of the State Government Article;
	223	+	(2) the proposed method of financing the offshore wind project, including 20
	224	+	documentation demonstrating that the applicant has applied for all current eligible State 21
	225	+	and federal grants, rebates, tax credits, loan guarantees, or other programs available to 22
	226	+	offset the cost of the project or provide tax advantages; 23
243	227
244		-	(7) a description of the applicant’s plan for engaging small businesses, as
245		-	defined in § 14–501 of the State Finance and Procurement Article;
	228	+	(3) a cost–benefit analysis that shall include at a minimum: 24
246	229
247		-	(8) a commitment that the applicant will:
	230	+	(i) a detailed input–output analysis of the impact of the offshore 25
	231	+	wind project on income, employment, wages, and taxes in the State with particular 26
	232	+	emphasis on in–State manufacturing employment; 27
248	233
249		-	(i) ~~use best efforts to apply for all eligible State and federal grants,~~
250		-	~~rebates~~, ~~tax credits~~, ~~loan guarantees,~~ ~~or other similar benefits as those benefits become~~
251		-	~~available;~~ and
	234	+	(ii) detailed information concerning assumed employment impacts 28
	235	+	in the State, including the expected duration of employment opportunities, the salary of 29
	236	+	each position, and other supporting evidence of employment impacts; 30
252	237
253		-	(ii) SUBJECT TO SUBSECTIO N (K) OF THIS SECTION, pass along to
254		-	ratepayers, without the need for any subsequent Commission approval, 80% of the value of
255		-	any [state] STATE or federal grants, rebates, tax credits, loan guarantees, or other similar
256		-	benefits received by the project and not included in the application; and
	238	+	(iii) an analysis of the anticipated environmental benefits, health 31
	239	+	benefits, and environmental impacts of the offshore wind project to the citizens of the State; 32
	240	+	6 SENATE BILL 781
257	241
258		-	(9) any other information the Commission requires.
259	242
260		-	(D) ~~THE FOLLOWING ARE SUB JECT TO A COMMUNITY BENEFIT AGREEMENT~~
261		-	~~UNDER SUBSECTION (F)~~ OF ~~THIS SECTION:~~
	243	+	(iv) an analysis of any impact on residential, commercial, and 1
	244	+	industrial ratepayers over the life of the offshore wind project; 2
262	245
263		-	(1) AN ~~APPLICATION FOR A NY NEW QUALIFIED OFF SHORE WIND~~
264		-	PROJECT; ~~AND~~
	246	+	(v) an analysis of any long–term effect on energy and capacity 3
	247	+	markets as a result of the proposed offshore wind project; 4
265	248
266		-	(2) A PROPOSAL FILED AND APPROVED I N ACCORDANCE WITH
267		-	SELECTED BY THE COMMISSION UNDER § 7–704.3 OF THIS SUBTITLE FOR AN
268		-	OFFSHORE WIND TRANSM ISSION PROJECT.
	249	+	(vi) an analysis of any impact on businesses in the State; and 5
269	250
270		-	~~[(d)]~~ (E) ~~(1) The Commission shall use the following criteria to evaluate and~~
271		-	~~compare proposed offshore wind projects submitted during an application period:~~
	251	+	(vii) other benefits, such as increased in–State construction, 6
	252	+	operations, maintenance, and equipment purchase; 7
272	253
273		-	(i) lowest cost impact on ratepayers of the price set under a proposed
274		-	OREC pricing schedule;
	254	+	(4) a proposed OREC pricing schedule for the offshore wind project that 8
	255	+	shall specify a price for the generation attributes, including the energy, capacity, ancillary 9
	256	+	services, and environmental attributes; 10
275	257
276		-	(ii) ~~potential reductions in transmission congestion prices within~~ the
277		-	~~State~~;
	258	+	(5) a decommissioning plan for the project, including provisions for 11
	259	+	decommissioning as required by the United States Department of the Interior; 12
278	260
279		-	(iii) potential changes in capacity prices within the State;
280		-	WES MOORE, Governor Ch. 95
	261	+	(6) a commitment to: 13
281	262
282		-	~~– 7 –~~
283		-	~~(iv) potential reductions in locational marginal pricing~~;
	263	+	(i) abide by the requirements set forth in subsection [(e)] (F) of this 14
	264	+	section; and 15
284	265
285		-	(v) potential long–term changes in capacity prices within the State
286		-	from the offshore wind project as it compares to conventional energy sources;
	266	+	(ii) deposit at least $6,000,000, in the manner required under 16
	267	+	subsection [(g)] (H) of this section, into the Maryland Offshore Wind Business Development 17
	268	+	Fund established under § 9–20C–03 of the State Government Article; 18
287	269
288		-	(vi) the extent to which the cost–benefit analysis submitted under
289		-	subsection (c)(3) of this section demonstrates positive net economic, environmental, and
290		-	health benefits to the State;
	270	+	(7) a description of the applicant’s plan for engaging small businesses, as 19
	271	+	defined in § 14–501 of the State Finance and Procurement Article; 20
291	272
292		-	(vii) the extent to which an applicant’s plan for engaging small
293		-	businesses meets the goals specified in Title 14, Subtitle 5 of the State Finance and
294		-	Procurement Article;
	273	+	(8) a commitment that the applicant will: 21
295	274
296		-	(viii) the extent to which an applicant’s plan provides for the use of
297		-	skilled labor, particularly with regard to the construction and manufacturing components
298		-	of the project, through outreach, hiring, or referral systems that are affiliated with
299		-	registered apprenticeship programs under Title 11, Subtitle 4 of the Labor and
300		-	Employment Article;
	275	+	(i) use best efforts to apply for all eligible State and federal grants, 22
	276	+	rebates, tax credits, loan guarantees, or other similar benefits as those benefits become 23
	277	+	available; and 24
301	278
302		-	(ix) ~~the extent~~ to ~~which an applicant’s plan provides for the use~~ of an
303		-	~~agreement designed to ensure~~ the ~~use~~ of ~~skilled labor and to promote~~ the ~~prompt, efficient,~~
304		-	~~and safe completion of the project~~, ~~particularly with regard to the construction~~,
305		-	~~manufacturing, and maintenance of~~ the project;
	279	+	(ii) SUBJECT TO SUBSECTIO N (K) OF THIS SECTION, pass along to 25
	280	+	ratepayers, without the need for any subsequent Commission approval, 80% of the value of 26
	281	+	any [state] STATE or federal grants, rebates, tax credits, loan guarantees, or other similar 27
	282	+	benefits received by the project and not included in the application; and 28
306	283
307		-	(x) the extent to which an applicant’s plan provides for
308		-	compensation to its employees and subcontractors consistent with wages outlined under §§
309		-	17–201 through 17–228 of the State Finance and Procurement Article;
	284	+	(9) any other information the Commission requires. 29
310	285
311		-	(xi) siting and project feasibility;
	286	+	(D) THE FOLLOWING ARE SUB JECT TO A COMMUNITY BENEFIT AGREEMENT 30
	287	+	UNDER SUBSECTION (F) OF THIS SECTION: 31
	288	+	SENATE BILL 781 7
312	289
313		-	(xii) the extent to which the proposed offshore wind project would
314		-	require transmission or distribution infrastructure improvements in the State;
315	290
316		-	(~~xiii~~) ~~estimated ability to assist in meeting the renewable energy~~
317		-	~~portfolio standard under § 7–703 of this subtitle~~; and
	291	+	(1) AN APPLICATION FOR A NY NEW QUALIFIED OFF SHORE WIND 1
	292	+	PROJECT; AND 2
318	293
319		-	(xiv) any other criteria that the Commission determines to be
320		-	appropriate.
	294	+	(2) A PROPOSAL FILED AND APPROVED I N ACCORDANCE WITH 3
	295	+	SELECTED BY THE COMMISSION UNDER § 7–704.3 OF THIS SUBTITLE FOR AN 4
	296	+	OFFSHORE WI ND TRANSMISSION PROJ ECT. 5
321	297
322		-	(2) In evaluating and comparing an applicant’s proposed offshore wind
323		-	project under paragraph (1) of this subsection, the Commission shall contract for the
324		-	services of independent consultants and experts.
	298	+	[(d)] (E) (1) The Commission shall use the following criteria to evaluate and 6
	299	+	compare proposed offshore wind projects submitted during an application period: 7
325	300
326		-	(3) The Commission shall verify that representatives of the United States
327		-	Department of Defense and the maritime industry have had the opportunity, through the
328		-	federal leasing process, to express concerns regarding project siting. Ch. 95 2023 LAWS OF MARYLAND
	301	+	(i) lowest cost impact on ratepayers of the price set under a proposed 8
	302	+	OREC pricing schedule; 9
329	303
330		-	– 8 –
	304	+	(ii) potential reductions in transmission congestion prices within the 10
	305	+	State; 11
331	306
332		-	(4) (i) In this paragraph, “minority” means an individual who is a
333		-	member of any of the groups listed in § 14–301(k)(1)(i) of the State Finance and
334		-	Procurement Article.
	307	+	(iii) potential changes in capacity prices within the State; 12
335	308
336		-	(ii) If an applicant is seeking investors in a proposed offshore wind
337		-	project, it shall take the following steps before the Commission may approve the proposed
338		-	project:
	309	+	(iv) potential reductions in locational marginal pricing; 13
339	310
340		-	~~1. make serious,~~ ~~good–faith efforts to solicit and interview a~~
341		-	~~reasonable number of minority investors~~;
	311	+	(v) potential long–term changes in capacity prices within the State 14
	312	+	from the offshore wind project as it compares to conventional energy sources; 15
342	313
343		-	2. as part of the application, submit a statement to the
344		-	Commission that lists the names and addresses of all minority investors interviewed and
345		-	whether or not any of those investors have purchased an equity share in the entity
346		-	submitting an application;
	314	+	(vi) the extent to which the cost–benefit analysis submitted under 16
	315	+	subsection (c)(3) of this section demonstrates positive net economic, environmental, and 17
	316	+	health benefits to the State; 18
347	317
348		-	3. as a condition to the Commission’s approval of the offshore
349		-	wind project, sign a memorandum of understanding with the Commission that requires the
350		-	applicant to again make serious, good–faith efforts to interview minority investors in any
351		-	future attempts to raise venture capital or attract new investors to the offshore wind
352		-	project; and
	318	+	(vii) the extent to which an applicant’s plan for engaging small 19
	319	+	businesses meets the goals specified in Title 14, Subtitle 5 of the State Finance and 20
	320	+	Procurement Article; 21
353	321
354		-	~~4. as a condition~~ to ~~the Commission~~’s ~~approval~~ of ~~the offshore~~
355		-	~~wind project~~, ~~sign a memorandum of understanding~~ with ~~the Commission that requires~~ the
356		-	~~applicant to use best efforts and effective~~ outreach ~~to obtain~~, ~~as a goal~~, ~~contractors and~~
357		-	~~subcontractors for~~ the ~~project that are minority business enterprises, to the extent~~
358		-	~~practicable, as supported by a disparity study.~~
	322	+	(viii) the extent to which an applicant’s plan provides for the use of 22
	323	+	skilled labor, particularly with regard to the construction and manufacturing components 23
	324	+	of the project, through outreach, hiring, or referral systems that are affiliated with 24
	325	+	registered apprenticeship programs under Title 11, Subtitle 4 of the Labor and 25
	326	+	Employment Article; 26
359	327
360		-	(~~iii~~) The ~~Governor~~’s ~~Office~~ of ~~Small, Minority,~~ ~~and Women Business~~
361		-	~~Affairs, in consultation with~~ the ~~Office~~ of ~~the Attorney General, shall provide assistance~~ to
362		-	~~all potential applicants~~ and ~~potential minority investors~~ to ~~satisfy~~ the ~~requirements under~~
363		-	~~subparagraph (ii)1~~ and 3 of ~~this paragraph.~~
	328	+	(ix) the extent to which an applicant’s plan provides for the use of an 27
	329	+	agreement designed to ensure the use of skilled labor and to promote the prompt, efficient, 28
	330	+	and safe completion of the project, particularly with regard to the construction, 29
	331	+	manufacturing, and maintenance of the project; 30
364	332
365		-	(5) As a condition of the Commission’s approval of the offshore wind
366		-	project, the applicant shall sign a memorandum of understanding with the Commission
367		-	and skilled labor organizations that requires the applicant to follow the portions of the
368		-	applicant’s plan that relate to the criteria set forth in paragraph (1)(viii) and (ix) of this
369		-	subsection.
	333	+	(x) the extent to which an applicant’s plan provides for 31
	334	+	compensation to its employees and subcontractors consistent with wages outlined under §§ 32
	335	+	17–201 through 17–228 of the State Finance and Procurement Article; 33
	336	+	8 SENATE BILL 781
370	337
371		-	[(e)] (F) (1) (i) In this paragraph, “community benefit agreement” means
372		-	an agreement applicable to the development of any qualified offshore wind project OR
373		-	OFFSHORE WIND TRANSM ISSION FACILITY that:
374	338
375		-	1. promotes increased opportunities for local businesses and
376		-	small, minority, women–owned, and veteran–owned businesses in the clean energy WES MOORE, Governor Ch. 95
	339	+	(xi) siting and project feasibility; 1
377	340
378		-	– 9 –
379		-	industry, INCLUDING THE USE OF A PREFERENCE GIVEN T O BUSINESSES TH AT ARE
380		-	CERTIFIED UNDER THE FEDERAL DISADVANTAGED BUSINESS ENTERPRISE
381		-	PROGRAM;
	341	+	(xii) the extent to which the proposed offshore wind project would 2
	342	+	require transmission or distribution infrastructure improvements in the State; 3
382	343
383		-	~~2. ensures~~ the ~~timely, safe,~~ ~~and efficient completion of the~~
384		-	~~project by:~~
	344	+	(xiii) estimated ability to assist in meeting the renewable energy 4
	345	+	portfolio standard under § 7–703 of this subtitle; and 5
385	346
386		-	A. facilitating a steady supply of highly skilled craft workers
387		-	who shall be paid not less than the prevailing wage rate determined by the Commissioner
388		-	of Labor and Industry under Title 17, Subtitle 2 of the State Finance and Procurement
389		-	Article; AND
	347	+	(xiv) any other criteria that the Commission determines to be 6
	348	+	appropriate. 7
390	349
391		-	~~B. GUARANTEEING THAT TH E CONSTRUCTION WORK~~
392		-	~~PERFORMED IN CONNECT ION WITH~~ THE ~~PROJECT WILL BE SUB JECT TO AN~~
393		-	~~AGREEMENT THAT :~~
	350	+	(2) In evaluating and comparing an applicant’s proposed offshore wind 8
	351	+	project under paragraph (1) of this subsection, the Commission shall contract for the 9
	352	+	services of independent consultants and experts. 10
394	353
395		-	I. IS WITH ONE OR MORE LABOR ORGANIZATIONS ; AND
	354	+	(3) The Commission shall verify that representatives of the United States 11
	355	+	Department of Defense and the maritime industry have had the opportunity, through the 12
	356	+	federal leasing process, to express concerns regarding project siting. 13
396	357
397		-	~~II. ESTABLISHES,~~ IN ~~ACCORDANCE WITH P ARAGRAPH (3)~~
398		-	OF ~~THIS SUBSECTION ,~~ THE ~~TERMS~~ AND ~~CONDIT IONS OF EMPLOYMENT A T THE~~
399		-	~~CONSTRUCTION SITE OF THE PROJECT OR A POR TION OF THE PR OJECT;~~
	358	+	(4) (i) In this paragraph, “minority” means an individual who is a 14
	359	+	member of any of the groups listed in § 14–301(k)(1)(i) of the State Finance and 15
	360	+	Procurement Article. 16
400	361
401		-	~~3. promotes safe completion of the project by ensuring that~~
402		-	~~at least 80%~~ of the ~~craft workers on~~ the ~~project have completed an Occupational Safety and~~
403		-	~~Health Administration 10–hour or 30–hour course;~~
	362	+	(ii) If an applicant is seeking investors in a proposed offshore wind 17
	363	+	project, it shall take the following steps before the Commission may approve the proposed 18
	364	+	project: 19
404	365
405		-	4. promotes career training opportuniti es in the
406		-	MANUFACTURING , MAINTENANCE , AND construction [industry] INDUSTRIES for local
407		-	residents, veterans, women, and minorities;
	366	+	1. make serious, good–faith efforts to solicit and interview a 20
	367	+	reasonable number of minority investors; 21
408	368
409		-	5. provides for best efforts and effective outreach to obtain,
410		-	as a goal, the use of a workforce including minorities, to the extent practicable; [and]
	369	+	2. as part of the application, submit a statement to the 22
	370	+	Commission that lists the names and addresses of all minority investors interviewed and 23
	371	+	whether or not any of those investors have purchased an equity share in the entity 24
	372	+	submitting an application; 25
411	373
412		-	6. reflects a 21st–century labor–management approach BY
413		-	DEVELOPERS AND SUPPL IERS based on cooperation, harmony, and partnership THAT
414		-	PROACTIVELY SEEKS TO ENSURE THAT WORKERS CAN FREELY CHOOSE TO BOTH
415		-	ORGANIZE AND COLLEC TIVELY BARGAIN ;
	374	+	3. as a condition to the Commission’s approval of the offshore 26
	375	+	wind project, sign a memorandum of understanding with the Commission that requires the 27
	376	+	applicant to again make serious, good–faith efforts to interview minority investors in any 28
	377	+	future attempts to raise venture capital or attract new investors to the offshore wind 29
	378	+	project; and 30
416	379
417		-	7. PROVIDES PLANS TO US E DOMESTIC IRON , STEEL,
418		-	AND MANUFACTURED GOO DS TO THE GREATEST E XTENT PRACTICABLE BY
419		-	DISCLOSING CONTRACTE D SUPPLIERS;
	380	+	4. as a condition to the Commission’s approval of the offshore 31
	381	+	wind project, sign a memorandum of understanding with the Commission that requires the 32
	382	+	applicant to use best efforts and effective outreach to obtain, as a goal, contractors and 33
	383	+	subcontractors for the project that are minority business enterprises, to the extent 34
	384	+	practicable, as supported by a disparity study. 35
	385	+	SENATE BILL 781 9
420	386
421		-	8. USES LOCALLY AND DOM ESTICALLY MANUFACTUR ED
422		-	CONSTRUCTION MATERIA LS AND COMPONENTS ; AND Ch. 95 2023 LAWS OF MARYLAND
423	387
424		-	– 10 –
	388	+	(iii) The Governor’s Office of Small, Minority, and Women Business 1
	389	+	Affairs, in consultation with the Office of the Attorney General, shall provide assistance to 2
	390	+	all potential applicants and potential minority investors to satisfy the requirements under 3
	391	+	subparagraph (ii)1 and 3 of this paragraph. 4
425	392
426		-	9. MAXIMIZES THE USE OF SKILLED LOCAL LABOR ,
427		-	PARTICULARLY WITH RE GARD TO THE CONSTRUC TION AND MANUFACTURI NG
428		-	COMPONENTS OF THE PR OJECT, USING METHODS INCLUD ING OUTREACH , HIRING,
429		-	OR REFERRAL METHODS THAT ARE AFFILIATED WITH REGISTERED
430		-	APPRENTICESHIP PROGRAMS UNDER TITLE 11, SUBTITLE 4 OF THE LABOR AND
431		-	EMPLOYMENT ARTICLE.
	393	+	(5) As a condition of the Commission’s approval of the offshore wind 5
	394	+	project, the applicant shall sign a memorandum of understanding with the Commission 6
	395	+	and skilled labor organizations that requires the applicant to follow the portions of the 7
	396	+	applicant’s plan that relate to the criteria set forth in paragraph (1)(viii) and (ix) of this 8
	397	+	subsection. 9
432	398
433		-	(ii) If the Commission receives reasonable proposals that
434		-	demonstrate positive net economic, environmental, and health benefits to the State, based
435		-	on the criteria specified in subsection (c)(3) of this section, and subject to subparagraph (iii)
436		-	of this paragraph, the Commission shall approve orders to facilitate the financing of
437		-	qualified offshore wind projects, including at least 1,200 megawatts of Round 2 offshore
438		-	wind projects.
	399	+	[(e)] (F) (1) (i) In this paragraph, “community benefit agreement” means 10
	400	+	an agreement applicable to the development of any qualified offshore wind project OR 11
	401	+	OFFSHORE WIND TRANSM ISSION FACILITY that: 12
439	402
440		-	(iii) The Commission may not approve an applicant’s proposed
441		-	offshore wind project unless:
	403	+	1. promotes increased opportunities for local businesses and 13
	404	+	small, minority, women–owned, and veteran–owned businesses in the clean energy 14
	405	+	industry, INCLUDING THE USE OF A PREFERENCE GIVEN T O BUSINESSES THAT AR E 15
	406	+	CERTIFIED UNDER THE FEDERAL DISADVANTAGED BUSINESS ENTERPRISE 16
	407	+	PROGRAM; 17
442	408
443		-	1. for a Round 1 offshore wind project application:
	409	+	2. ensures the timely, safe, and efficient completion of the 18
	410	+	project by: 19
444	411
445		-	A. ~~the projected net rate impact for an average residential~~
446		-	~~customer, based on annual consumption of 12,000 kilowatt–hours, combined with~~ the
447		-	~~projected net rate impact~~ of ~~other Round 1 offshore wind projects,~~ ~~does not exceed $1.50 per~~
448		-	~~month in 2012 dollars, over the duration of the proposed OREC pricing schedule~~;
	412	+	A. facilitating a steady supply of highly skilled craft workers 20
	413	+	who shall be paid not less than the prevailing wage rate determined by the Commissioner 21
	414	+	of Labor and Industry under Title 17, Subtitle 2 of the State Finance and Procurement 22
	415	+	Article; AND 23
449	416
450		-	B. the projected net rate impact for all nonresidential
451		-	customers considered as a blended average, combined with the projected net rate impact of
452		-	other Round 1 offshore wind projects, does not exceed 1.5% of nonresidential customers’
453		-	total annual electric bills, over the duration of the proposed OREC pricing schedule; and
	417	+	B. GUARANTEEING THAT TH E CONSTRUCTION WORK 24
	418	+	PERFORMED IN CONNECT ION WITH THE PROJECT WILL BE SUBJECT TO A N 25
	419	+	AGREEMENT THAT : 26
454	420
455		-	C. the price specified in the proposed OREC price schedule
456		-	does not exceed $190 per megawatt–hour in 2012 dollars; and
	421	+	I. IS WITH ONE OR MORE LABOR ORGANIZATIONS ; AND 27
457	422
458		-	2. for a Round 2 offshore wind project application:
	423	+	II. ESTABLISHES, IN ACCORDANCE WITH P ARAGRAPH (3) 28
	424	+	OF THIS SUBSECTION, THE TERMS AND CONDIT IONS OF EMPLOYMENT A T THE 29
	425	+	CONSTRUCTION SITE OF THE PROJECT OR A POR TION OF THE PROJECT ; 30
459	426
460		-	A. the projected incremental net rate impact for an average
461		-	residential customer, based on annual consumption of 12 megawatt–hours, combined with
462		-	the projected incremental net rate impact of other Round 2 offshore wind projects, does not
463		-	exceed 88 cents per month in 2018 dollars, over the duration of the proposed OREC pricing
464		-	schedule;
	427	+	3. promotes safe completion of the project by ensuring that 31
	428	+	at least 80% of the craft workers on the project have completed an Occupational Safety and 32
	429	+	Health Administration 10–hour or 30–hour course; 33
	430	+	10 SENATE BILL 781
465	431
466		-	B. the projected incremental net rate impact for all
467		-	nonresidential customers considered as a blended average, combined with the projected net
468		-	rate impact of other Round 2 offshore wind projects, does not exceed 0.9% of nonresidential
469		-	customers’ total annual electric bills during any year of the proposed OREC pricing
470		-	schedule; and WES MOORE, Governor Ch. 95
471	432
472		-	– 11 –
	433	+	4. promotes career training opportunities in the 1
	434	+	MANUFACTURING , MAINTENANCE , AND construction [industry] INDUSTRIES for local 2
	435	+	residents, veterans, women, and minorities; 3
473	436
474		-	C. the project is subject to a community benefit agreement.
	437	+	5. provides for best efforts and effective outreach to obtain, 4
	438	+	as a goal, the use of a workforce including minorities, to the extent practicable; [and] 5
475	439
476		-	(2) (i) When calculating the net benefits to the State under paragraph
477		-	(1)(ii) of this subsection, the Commission shall contract for the services of independent
478		-	consultants and experts.
	440	+	6. reflects a 21st–century labor–management approach BY 6
	441	+	DEVELOPERS AND SUPPL IERS based on cooperation, harmony, and partnership THAT 7
	442	+	PROACTIVELY SEEKS TO ENSURE THAT WORKERS CAN FREELY CHOOSE TO BOTH 8
	443	+	ORGANIZE AND COLLECT IVELY BARGAIN; 9
479	444
480		-	(ii) When calculating the projected net average rate impacts for
481		-	Round 1 offshore wind projects under paragraph (1)(iii)1A and B of this subsection and for
482		-	Round 2 offshore wind projects under paragraph (1)(iii)2A and B of this subsection, the
483		-	Commission shall apply the same net OREC cost per megawatt–hour to residential and
484		-	nonresidential customers.
	445	+	7. PROVIDES PLANS TO US E DOMESTIC IRON , STEEL, 10
	446	+	AND MANUFACTURED GOO DS TO THE GREATEST E XTENT PRACTICABLE BY 11
	447	+	DISCLOSING CON TRACTED SUPPLIERS ; 12
485	448
486		-	~~(3) AN AGREEMENT REQUIRED UNDER PARAGRAPH (1)(I)2B OF THIS~~
487		-	~~SUBSECTION SHALL :~~
	449	+	8. USES LOCALLY AND DOM ESTICALLY MANUFACTUR ED 13
	450	+	CONSTRUCTION MATERIA LS AND COMPONENTS ; AND 14
488	451
489		-	(I) GUARANTEE AGAINST ST RIKES, LOCKOUTS, AND SIMILAR
490		-	DISRUPTIONS;
	452	+	9. MAXIMIZES THE USE OF SKILLED LOCAL LABOR , 15
	453	+	PARTICULARLY WITH RE GARD TO THE CONSTRUC TION AND MANUFACTURI NG 16
	454	+	COMPONENTS OF THE PR OJECT, USING METHODS INCLUD ING OUTREACH , HIRING, 17
	455	+	OR REFERRAL METHODS THAT ARE AFFILIATED WITH REGISTERED 18
	456	+	APPRENTICESHIP PROGR AMS UNDER TITLE 11, SUBTITLE 4 OF THE LABOR AND 19
	457	+	EMPLOYMENT ARTICLE. 20
491	458
492		-	(II) ENSURE THAT ALL WORK ON THE PROJECT FULLY
493		-	CONFORMS TO ALL RELE VANT STATE AND FEDERAL LAW S, RULES, AND
494		-	REGULATIONS ;
	459	+	(ii) If the Commission receives reasonable proposals that 21
	460	+	demonstrate positive net economic, environmental, and health benefits to the State, based 22
	461	+	on the criteria specified in subsection (c)(3) of this section, and subject to subparagraph (iii) 23
	462	+	of this paragraph, the Commission shall approve orders to facilitate the financing of 24
	463	+	qualified offshore wind projects, including at least 1,200 megawatts of Round 2 offshore 25
	464	+	wind projects. 26
495	465
496		-	(III) ~~CREATE MUTUALLY BIND ING PROCEDURES FOR R ESOLVING~~
497		-	~~LABOR DISPUTES ARISI NG DURING THE TERM O F THE~~ PROJECT;
	466	+	(iii) The Commission may not approve an applicant’s proposed 27
	467	+	offshore wind project unless: 28
498	468
499		-	(IV) SET FORTH OTHER MECH ANISMS FOR
500		-	LABOR–MANAGEMENT COOPERATI ON ON MATTERS OF MUT UAL INTEREST AND
501		-	CONCERN, INCLUDING PRODUCTIVI TY, QUALITY OF WORK, SAFETY, AND HEALTH ;
502		-	AND
	469	+	1. for a Round 1 offshore wind project application: 29
503	470
504		-	(V) BIND ALL CONTRACTORS AND SUBCONTRACTORS T O THE
505		-	TERMS OF THE AGREEME NT THROUGH THE INCLU SION OF APPROPRIATE
506		-	PROVISIONS IN ALL RE LEVANT SOLICITATION AND CONTRACT DOCUMEN TS.
	471	+	A. the projected net rate impact for an average residential 30
	472	+	customer, based on annual consumption of 12,000 kilowatt–hours, combined with the 31
	473	+	projected net rate impact of other Round 1 offshore wind projects, does not exceed $1.50 per 32
	474	+	month in 2012 dollars, over the duration of the proposed OREC pricing schedule; 33
507	475
508		-	~~[(f)] (G) (1) An order~~ the ~~Commission issues approving a proposed offshore~~
509		-	~~wind project shall:~~
	476	+	B. the projected net rate impact for all nonresidential 34
	477	+	customers considered as a blended average, combined with the projected net rate impact of 35 SENATE BILL 781 11
510	478
511		-	(i) specify the OREC price schedule, which may not authorize an
512		-	OREC price greater than, for a Round 1 offshore wind project, $190 per megawatt–hour in
513		-	2012 dollars;
514	479
515		-	(ii) specify the duration of the OREC pricing schedule, not to exceed
516		-	20 years;
517		-	Ch. 95 2023 LAWS OF MARYLAND
	480	+	other Round 1 offshore wind projects, does not exceed 1.5% of nonresidential customers’ 1
	481	+	total annual electric bills, over the duration of the proposed OREC pricing schedule; and 2
518	482
519		-	– 12 –
520		-	(iii) specify the number of ORECs the offshore wind project may sell
521		-	each year;
	483	+	C. the price specified in the proposed OREC price schedule 3
	484	+	does not exceed $190 per megawatt–hour in 2012 dollars; and 4
522	485
523		-	~~(iv) provide that~~:
	486	+	2. for a Round 2 offshore wind project application: 5
524	487
525		-	1. a payment may not be made for an OREC until electricity
526		-	supply is generated by the offshore wind project; and
	488	+	A. the projected incremental net rate impact for an average 6
	489	+	residential customer, based on annual consumption of 12 megawatt–hours, combined with 7
	490	+	the projected incremental net rate impact of other Round 2 offshore wind projects, does not 8
	491	+	exceed 88 cents per month in 2018 dollars, over the duration of the proposed OREC pricing 9
	492	+	schedule; 10
527	493
528		-	2. ratepayers, purchasers of ORECs, and the State shall be
529		-	held harmless for any cost overruns associated with the offshore wind project; and
	494	+	B. the projected incremental net rate impact for all 11
	495	+	nonresidential customers considered as a blended average, combined with the projected net 12
	496	+	rate impact of other Round 2 offshore wind projects, does not exceed 0.9% of nonresidential 13
	497	+	customers’ total annual electric bills during any year of the proposed OREC pricing 14
	498	+	schedule; and 15
530	499
531		-	(v) require that any debt instrument issued in connection with a
532		-	qualified offshore wind project include language specifying that the debt instrument does
533		-	not establish a debt, obligation, or liability of the State.
	500	+	C. the project is subject to a community benefit agreement. 16
534	501
535		-	(2) ~~An order approving a proposed offshore wind project vests~~ the ~~owner of~~
536		-	~~the qualified offshore wind project with~~ the ~~right to receive payments~~ for ~~ORECs according~~
537		-	~~to the terms in the order~~.
	502	+	(2) (i) When calculating the net benefits to the State under paragraph 17
	503	+	(1)(ii) of this subsection, the Commission shall contract for the services of independent 18
	504	+	consultants and experts. 19
538	505
539		-	(3) On or before March 1 each year, the Commission shall report to the
540		-	Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate
541		-	Finance Committee ON EDUCATION, ENERGY, AND THE ENVIRONMENT and the House
542		-	Economic Matters Committee on:
	506	+	(ii) When calculating the projected net average rate impacts for 20
	507	+	Round 1 offshore wind projects under paragraph (1)(iii)1A and B of this subsection and for 21
	508	+	Round 2 offshore wind projects under paragraph (1)(iii)2A and B of this subsection, the 22
	509	+	Commission shall apply the same net OREC cost per megawatt–hour to residential and 23
	510	+	nonresidential customers. 24
543	511
544		-	(i) ~~compliance by applicants with the minority business enterprise~~
545		-	~~participation goals under~~ subsection ~~[(d)(4)] (E)(4) of this section; and~~
	512	+	(3) AN AGREEMENT REQUIRED UNDER PARAGRAPH (1)(I)2B OF THIS 25
	513	+	SUBSECTION SHALL : 26
546	514
547		-	(ii) ~~with respect to the community benefit agreement under~~
548		-	~~subsection [(e)(1)] (F)(1) of this section:~~
	515	+	(I) GUARANTEE AGAINST ST RIKES, LOCKOUTS, AND SIMILAR 27
	516	+	DISRUPTIONS; 28
549	517
550		-	1. the availability and use of opportunities for local
551		-	businesses and small, minority, women–owned, and veteran–owned businesses;
	518	+	(II) ENSURE THA T ALL WORK ON THE PR OJECT FULLY 29
	519	+	CONFORMS TO ALL RELE VANT STATE AND FEDERAL LAW S, RULES, AND 30
	520	+	REGULATIONS ; 31
552	521
553		-	~~2. the success of efforts to promote career training~~
554		-	~~opportunities in~~ the ~~MANUFACTURING , MAINTENANCE , AND construction [industry]~~
555		-	~~INDUSTRIES for local residents,~~ ~~veterans, women,~~ ~~and minorities;~~ ~~and~~
	522	+	(III) CREATE MUTUALLY BIND ING PROCEDURES FOR R ESOLVING 32
	523	+	LABOR DISPUTES ARISI NG DURING THE TERM O F THE PROJECT; 33
	524	+	12 SENATE BILL 781
556	525
557		-	3. compliance with the minority workforce goal under
558		-	subsection [(e)(1)(i)5] (F)(1)(I)5 of this section.
559	526
560		-	~~[(g)]~~ (H) ~~For Round 2 offshore wind project applications,~~ ~~the Commission shall~~
561		-	~~approve OREC orders representing a minimum~~ of ~~400 megawatts of nameplate capacity~~
562		-	~~proposed during each application period unless:~~
563		-	~~WES MOORE, Governor Ch. 95~~
	527	+	(IV) SET FORTH OTHER MECH ANISMS F OR 1
	528	+	LABOR–MANAGEMENT COOPERATI ON ON MATTERS OF MUT UAL INTEREST AND 2
	529	+	CONCERN, INCLUDING PRODUCTIVI TY, QUALITY OF WORK , SAFETY, AND HEALTH ; 3
	530	+	AND 4
564	531
565		-	~~– 13 –~~
566		-	~~(1) not enough Round 2 offshore wind project applications are submitted to~~
567		-	~~meet the net benefit test under subsection (c)(3) of this section;~~ or
	532	+	(V) BIND ALL CONTRACTORS AND SUBCONTRACTORS T O THE 5
	533	+	TERMS OF THE AGREEME NT THROUGH THE INCLU SION OF APPROPRIATE 6
	534	+	PROVISIONS IN ALL RE LEVANT SOLICITATION AND CONTRACT DOCUMEN TS. 7
568	535
569		-	(2) the ~~cumulative net ratepayer impact exceeds the maximums provided~~
570		-	~~in subsection [(e)(1)(ii)2] (F)(1)(II)2 of this section.~~
	536	+	[(f)] (G) (1) An order the Commission issues approving a proposed offshore 8
	537	+	wind project shall: 9
571	538
572		-	[(h)] (I) (1) Within 60 days after the Commission approves the application of
573		-	a proposed offshore wind project, the qualified offshore wind project shall deposit
574		-	$2,000,000 into the Maryland Offshore Wind Business Development Fund established
575		-	under § 9–20C–03 of the State Government Article.
	539	+	(i) specify the OREC price schedule, which may not authorize an 10
	540	+	OREC price greater than, for a Round 1 offshore wind project, $190 per megawatt–hour in 11
	541	+	2012 dollars; 12
576	542
577		-	(2) Within 1 year after the initial deposit under paragraph (1) of this
578		-	subsection, the qualified offshore wind project shall deposit an additional $2,000,000 into
579		-	the Maryland Offshore Wind Business Development Fund.
	543	+	(ii) specify the duration of the OREC pricing schedule, not to exceed 13
	544	+	20 years; 14
580	545
581		-	(3) Within 2 years after the initial deposit under paragraph (1) of this
582		-	subsection, the qualified offshore wind project shall deposit an additional $2,000,000 into
583		-	the Maryland Offshore Wind Business Development Fund.
	546	+	(iii) specify the number of ORECs the offshore wind project may sell 15
	547	+	each year; 16
584	548
585		-	[(i)] (J) (1) The findings and evidence relied on by the General Assembly for
586		-	the continuation of the Minority Business Enterprise Program under Title 14, Subtitle 3 of
587		-	the State Finance and Procurement Article are incorporated in this subsection.
	549	+	(iv) provide that: 17
588	550
589		-	(2) To the extent practicable and authorized by the United States
590		-	Constitution, approved applicants for a proposed offshore wind project shall comply with
591		-	the State’s Minority Business Enterprise Program.
	551	+	1. a payment may not be made for an OREC until electricity 18
	552	+	supply is generated by the offshore wind project; and 19
592	553
593		-	(3) (i) On or before 6 months after the issuance of an order approving
594		-	an OREC application, the Governor’s Office of Small, Minority, and Women Business
595		-	Affairs, in consultation with the Office of the Attorney General and an approved applicant,
596		-	shall establish a clear plan for setting reasonable and appropriate minority business
597		-	enterprise participation goals and procedures for each phase of the qualified offshore wind
598		-	project.
	554	+	2. ratepayers, purchasers of ORECs, and the State shall be 20
	555	+	held harmless for any cost overruns associated with the offshore wind project; and 21
599	556
600		-	(ii) To the extent practicable, the goals and procedures specified in
601		-	subparagraph (i) of this paragraph shall be based on the requirements of Title 14, Subtitle
602		-	3 of the State Finance and Procurement Article and the regulations implementing that
603		-	subtitle.
	557	+	(v) require that any debt instrument issued in connection with a 22
	558	+	qualified offshore wind project include language specifying that the debt instrument does 23
	559	+	not establish a debt, obligation, or liability of the State. 24
604	560
605		-	(~~iii~~) ~~Every 6 months following the issuance of~~ an order approving an
606		-	~~OREC application,~~ ~~an approved applicant shall submit a report on its progress establishing~~
607		-	~~and implementing minority business enterprise goals and procedures~~ to the ~~Commission~~.
	561	+	(2) An order approving a proposed offshore wind project vests the owner of 25
	562	+	the qualified offshore wind project with the right to receive payments for ORECs according 26
	563	+	to the terms in the order. 27
608	564
609		-	(4) On and after July 1, 2023, the provisions of this subsection and any
610		-	regulations adopted in accordance with this subsection shall be of no effect and may not be
611		-	enforced. Ch. 95 2023 LAWS OF MARYLAND
	565	+	(3) On or before March 1 each year, the Commission shall report to the 28
	566	+	Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate 29
	567	+	Finance Committee ON EDUCATION, ENERGY, AND THE ENVIRONMENT and the House 30
	568	+	Economic Matters Committee on: 31
612	569
613		-	– 14 –
	570	+	(i) compliance by applicants with the minority business enterprise 32
	571	+	participation goals under subsection [(d)(4)] (E)(4) of this section; and 33
	572	+	SENATE BILL 781 13
614	573
615		-	(K) (1) A DEVELOPER OF A ROUND 1 OFFSHORE WIND PROJEC T OR
616		-	ROUND 2 OFFSHORE WIND PROJEC T APPROVED UNDER THI S SECTION MAY APPLY
617		-	TO THE COMMISSION FOR AN A FULL OR PARTIAL EXEMPTION FROM THE
618		-	REQUIREMENTS IN SUBS ECTION (C)(8)(II) OF THIS SECTION FOR ANY FEDERAL
619		-	INFLATION REDUCTION ACT OF 2022 GRANTS, REBATES, TAX CREDITS, OR LOAN
620		-	GUARANTEES RECEIVED BY THE PROJECT IF AT LEAST 15% OF THE TOTAL LABOR
621		-	HOURS OF CONSTRUCTIO N, ALTERATION, OR REPAIR WORK FOR T HE PROJECT ,
622		-	INCLUDING ANY CONSTRUCTION , ALTERATION, OR REPAIR WORK PERFO RMED BY A
623		-	CONTRACTOR OR SUBCON TRACTOR, IS PERFORMED BY QUAL IFIED APPRENTICES
624		-	CONSISTENT WITH FEDE RAL LAW.
625	574
626		-	(2) A DEVELOPER SEEKING AN EXEMPTION UNDER PARA GRAPH (1)
627		-	OF THIS SUBSECTION S HALL CERTIFY THAT TH E EXEMPTION IS REQUIRED TO
628		-	FULFILL THE DEVELOPE R’S OBLIGATIONS UNDER AN APPROVED OREC ORDER.
	575	+	(ii) with respect to the community benefit agreement under 1
	576	+	subsection [(e)(1)] (F)(1) of this section: 2
629	577
630		-	(3) THE COMMISSION SHALL :
	578	+	1. the availability and use of opportunities for local 3
	579	+	businesses and small, minority, women–owned, and veteran–owned businesses; 4
631	580
632		-	(I) ESTABLISH AN APPLICA TION PROCESS FOR A D EVELOPER
633		-	TO APPLY FOR AN EXEM PTION UNDER PARAGRAP H (1) OF THIS SUBSECTION ;
	581	+	2. the success of efforts to promote career training 5
	582	+	opportunities in the MANUFACTURING , MAINTENANCE , AND construction [industry] 6
	583	+	INDUSTRIES for local residents, veterans, women, and minorities; and 7
634	584
635		-	(II) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION ,
636		-	APPROVE, DENY, OR REQUEST ADDITIONA L INFORMATION REGARD ING AN
637		-	APPLICATION SUBMITTE D UNDER THIS SUBSECT ION WITHIN 45 60 DAYS AFTER
638		-	RECEIPT OF THE APPLI CATION;
	585	+	3. compliance with the minority workforce goal under 8
	586	+	subsection [(e)(1)(i)5] (F)(1)(I)5 of this section. 9
639	587
640		-	(~~III~~) ~~IN EVALUATING AN APP LICATION SUBMITTED U NDER THIS~~
641		-	~~SUBSECTION, TAKE INTO CONSIDERAT ION THE POTENTIAL BE NEFITS AND IMPACTS~~
642		-	~~OF APPROVING THE APP LICATION,~~ ~~INCLUDING~~:
	588	+	[(g)] (H) For Round 2 offshore wind project applications, the Commission shall 10
	589	+	approve OREC orders representing a minimum of 400 megawatts of nameplate capacity 11
	590	+	proposed during each application period unless: 12
643	591
644		-	1~~. THE STATE’S GOALS FOR DEVELOPI NG~~ OFFSHORE
645		-	~~WIND ENERGY~~ ;
	592	+	(1) not enough Round 2 offshore wind project applications are submitted to 13
	593	+	meet the net benefit test under subsection (c)(3) of this section; or 14
646	594
647		-	2. WORKFORCE AND SUPPLY CHAIN IMPACTS ; AND
	595	+	(2) the cumulative net ratepayer impact exceeds the maximums provided 15
	596	+	in subsection [(e)(1)(ii)2] (F)(1)(II)2 of this section. 16
648	597
649		-	3. THE RISK THAT PRICE INFLATION MAY HAVE O N
650		-	ACHIEVING THE STATE’S OFFSHORE WIND ENER GY GOALS; AND
	598	+	[(h)] (I) (1) Within 60 days after the Commission approves the application of 17
	599	+	a proposed offshore wind project, the qualified offshore wind project shall deposit 18
	600	+	$2,000,000 into the Maryland Offshore Wind Business Development Fund established 19
	601	+	under § 9–20C–03 of the State Government Article. 20
651	602
652		-	(IV) KEEP ANY PROPRIETARY INFORMATION SUBMITTE D BY AN
653		-	APPLICANT CONFIDENTI AL.
	603	+	(2) Within 1 year after the initial deposit under paragraph (1) of this 21
	604	+	subsection, the qualified offshore wind project shall deposit an additional $2,000,000 into 22
	605	+	the Maryland Offshore Wind Business Development Fund. 23
654	606
655		-	(4) A REQUEST MADE BY THE COMMISSION FOR ADDITI ONAL
656		-	INFORMATION UNDER PA RAGRAPH (3)(II) OF THIS SUBSECTION SHALL RES TART A WES MOORE, Governor Ch. 95
	607	+	(3) Within 2 years after the initial deposit under paragraph (1) of this 24
	608	+	subsection, the qualified offshore wind project shall deposit an additional $2,000,000 into 25
	609	+	the Maryland Offshore Wind Business Development Fund. 26
657	610
658		-	– 15 –
659		-	NEW 45–DAY PERIOD OF REVIEW IF THE COMMISSION APPROVES A PARTIAL
660		-	EXEMPTION UNDER PARA GRAPH (1) OF THIS SUBSECTION , THE NONEXEMPT VALUE
661		-	OF ANY FEDERAL INFLATION REDUCTION ACT OF 2022 GRANTS, REBATES, TAX
662		-	CREDITS, OR LOAN GUARANTE ES RECEIVED BY THE P ROJECT SHALL BE PASS ED
663		-	ALONG TO RATEPAYERS .
	611	+	[(i)] (J) (1) The findings and evidence relied on by the General Assembly for 27
	612	+	the continuation of the Minority Business Enterprise Program under Title 14, Subtitle 3 of 28
	613	+	the State Finance and Procurement Article are incorporated in this subsection. 29
664	614
665		-	7–704.3.
	615	+	(2) To the extent practicable and authorized by the United States 30
	616	+	Constitution, approved applicants for a proposed offshore wind project shall comply with 31
	617	+	the State’s Minority Business Enterprise Program. 32
666	618
667		-	(A) THE GENERAL ASSEMBLY FINDS AND DE CLARES THAT IT IS IN THE
668		-	PUBLIC INTEREST TO U PGRADE AND EXPAND TH E TRANSMISSION SYSTE M TO
669		-	ACCOMMODATE THE BUIL DOUT OF AT LEAST 8,500 MEGAWATTS OF OFFSHORE WIND
670		-	ENERGY FROM QUALIFIE D OFFSHORE WIND PROJ ECTS SERVING THE STATE BY
671		-	2031.
	619	+	(3) (i) On or before 6 months after the issuance of an order approving 33
	620	+	an OREC application, the Governor’s Office of Small, Minority, and Women Business 34 14 SENATE BILL 781
672	621
673		-	(B) (1) (I) TO MEET THE GOAL GOALS ESTABLISHED UNDER § 7–703 OF
674		-	THIS SUBTITLE AND SUBSECTION (A) OF THIS SECTION , THE COMMISSION, IN
675		-	CONSULTATION WITH TH E MARYLAND ENERGY ADMINISTRATION AND PJM
676		-	INTERCONNECTION , SHALL REQUEST THAT PJM INTERCONNECTION CONDUCT AN
677		-	ANALYSIS OF TRANSMIS SION SYSTEM UPGRADE AND EXPANSION OPTIONS THAT
678		-	TAKE INTO CONSIDERAT ION BOTH ONSHORE AND OFFSHORE INFRASTRUCT URE.
679	622
680		-	(II) IN CONDUCTING THE ANALYSIS REQUIRED UN DER
681		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE
	623	+	Affairs, in consultation with the Office of the Attorney General and an approved applicant, 1
	624	+	shall establish a clear plan for setting reasonable and appropriate minority business 2
	625	+	enterprise participation goals and procedures for each phase of the qualified offshore wind 3
	626	+	project. 4
682	627
683		-	(2) THE COMMISSION:
	628	+	(ii) To the extent practicable, the goals and procedures specified in 5
	629	+	subparagraph (i) of this paragraph shall be based on the requirements of Title 14, Subtitle 6
	630	+	3 of the State Finance and Procurement Article and the regulations implementing that 7
	631	+	subtitle. 8
684	632
685		-	(I) SHALL CONSULT WITH O THER STATES SERVED B Y PJM
686		-	INTERCONNECTION TO EV ALUATE REGIONAL TRAN SMISSION COOPERATION THAT
687		-	COULD HELP ACHIEVE T HE STATE’S RENEWABLE ENERGY AND OFFSHORE WIND
688		-	ENERGY GOALS WITH GR EATER EFFICIENCY ;
	633	+	(iii) Every 6 months following the issuance of an order approving an 9
	634	+	OREC application, an approved applicant shall submit a report on its progress establishing 10
	635	+	and implementing minority business enterprise goals and procedures to the Commission. 11
689	636
690		-	(II) ~~SHALL WORK WITH PJM INTERCONNECTION TO EN SURE~~
691		-	~~THAT THE ANALYSIS RE QUESTED UNDER PARAGR APH (1) OF~~ THIS SUBSECTION
692		-	~~INCLUDES AN ANALYSIS OF SOLUTIONS THAT :~~
	637	+	(4) On and after July 1, 2023, the provisions of this subsection and any 12
	638	+	regulations adopted in accordance with this subsection shall be of no effect and may not be 13
	639	+	enforced. 14
693	640
694		-	1. USE AN OPEN –ACCESS COLLECTOR TRANSMISSI ON
695		-	SYSTEM TO ALLOW FOR THE INTERCONNECTION OF MULTIPLE QUALIFIE D
696		-	OFFSHORE WIND PROJEC TS AT A SINGLE SUBST ATION;
	641	+	(K) (1) A DEVELOPER OF A ROUND 1 OFFSHORE WIND PROJEC T OR 15
	642	+	ROUND 2 OFFSHORE WIND PROJEC T APPROVED UNDER THIS SE CTION MAY APPLY 16
	643	+	TO THE COMMISSION FOR AN A FULL OR PARTIAL EXEMPTION FROM THE 17
	644	+	REQUIREMENTS IN SUBS ECTION (C)(8)(II) OF THIS SECTION FOR ANY FEDERAL 18
	645	+	INFLATION REDUCTION ACT OF 2022 GRANTS, REBATES, TAX CREDITS, OR LOAN 19
	646	+	GUARANTEES RECEIVE D BY THE PROJECT IF AT LEAST 15% OF THE TOTAL LABOR 20
	647	+	HOURS OF CONSTRUCTIO N, ALTERATION, OR REPAIR WORK FOR T HE PROJECT , 21
	648	+	INCLUDING ANY CONSTR UCTION, ALTERATION, OR REPAIR WORK PERFO RMED BY A 22
	649	+	CONTRACTOR OR SUBCON TRACTOR, IS PERFORMED BY QUAL IFIED APPRENTICES 23
	650	+	CONSISTENT WITH FEDE RAL LAW. 24
697	651
698		-	2. AVOID A SIGNIFICANT OUTAGE, OR SINGLE
699		-	CONTINGENCY , OF ANY PART OF THE T RANSMISSION SYSTEM ;
	652	+	(2) A DEVELOPER SEEKING AN EXEMPTION UNDER PARA GRAPH (1) 25
	653	+	OF THIS SUBSECTION S HALL CERTIFY THAT TH E EXEMPTION IS REQUI RED TO 26
	654	+	FULFILL THE DEVELOPE R’S OBLIGATIONS UNDER AN APPROVED OREC ORDER. 27
700	655
701		-	3. REDUCE PERMITTING RISKS, IMPACTS ON
702		-	COMMUNITIES , AND UNNECESSARY HIGH COSTS; Ch. 95 2023 LAWS OF MARYLAND
	656	+	(3) THE COMMISSION SHALL : 28
703	657
704		-	– 16 –
	658	+	(I) ESTABLISH AN APPLICA TION PROCESS FOR A D EVELOPER 29
	659	+	TO APPLY FOR AN EXEM PTION UNDER PARAGRAP H (1) OF THIS SUBSECTION ; 30
705	660
706		-	4. LEVERAGE EXISTING IN FRASTRUCTURE ;
	661	+	(II) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , 31
	662	+	APPROVE, DENY, OR REQUEST ADDITIONA L INFORMATION REGARD ING AN 32
	663	+	APPLICATION SUBMITTE D UNDER THIS SUBSECT ION WITHIN 45 60 DAYS AFTER 33
	664	+	RECEIPT OF THE APPLI CATION; 34
	665	+	SENATE BILL 781 15
707	666
708		-	5. OFFER BENEFITS THAT ADDRESS ADDITIONAL G RID
709		-	CHALLENGES ; AND
710	667
711		-	6. ADDRESS ANY OTHER IS SUES THAT THE COMMISSION
712		-	IDENTIFIES; AND
	668	+	(III) IN EVALUATING AN APP LICATION SUBMITTED U NDER THIS 1
	669	+	SUBSECTION, TAKE INTO CONSIDERAT ION THE POTENTIAL BE NEFITS AND IMPACTS 2
	670	+	OF APPROVING THE APP LICATION, INCLUDING: 3
713	671
714		-	~~(III) MAY ALSO CONSULT WITH OWNERS OF TRANSMISSION~~
715		-	~~FACILITIES IN THE STATE TO GATHER RELEVANT T ECHNICAL INFORMATION .~~
	672	+	1. THE STATE’S GOALS FOR DEVELOPI NG OFFSHORE 4
	673	+	WIND ENERGY ; 5
716	674
717		-	(2) (3) THE COMMISSION MAY ENTER INTO ANY NECESSARY
718		-	AGREEMENTS WITH PJM INTERCONNECTION FOR T RANSMISSION PLANNING TO:
	675	+	2. WORKFORCE AND SUPPLY CHAIN IMPACTS ; AND 6
719	676
720		-	~~(I) FURTHER~~ THE ~~COMMISSION’S INITIATE PJM~~
721		-	~~INTERCONNECTION~~ ’S ~~ANALYSIS~~; OR
	677	+	3. THE RISK THAT PRICE INFLATION MAY HAVE O N 7
	678	+	ACHIEVING THE STATE’S OFFSHORE WIND ENER GY GOALS; AND 8
722	679
723		-	(II) ~~ASSIST WITH THE SOLI CITATION OF PROPOSAL S FOR~~
724		-	~~OFFSHORE WIND TRANSM ISSION PROJECTS~~ .
	680	+	(IV) KEEP ANY PROPRIETARY INFORMATION SUBMITT ED BY AN 9
	681	+	APPLICANT CONFIDENTI AL. 10
725	682
726		-	(3) (4) ON OR BEFORE JULY 1, 2024, THE COMMISSION SHALL
727		-	SUBMIT ITS COMPLETED A STATUS UPDATE ON T HE ANALYSIS REQUESTED UNDER
728		-	PARAGRAPH (1) OF THIS SUBSECTION TO THE GENERAL ASSEMBLY, IN
729		-	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE.
	683	+	(4) A REQUEST MADE BY THE COMMISSION FOR ADDITI ONAL 11
	684	+	INFORMATION UNDER PA RAGRAPH (3)(II) OF THIS SUBSECTION S HALL RESTART A 12
	685	+	NEW 45–DAY PERIOD OF REVIEW IF THE COMMISSION APPROVES A PARTIAL 13
	686	+	EXEMPTION UNDER PARA GRAPH (1) OF THIS SUBSECTION , THE NONEXEMPT VALUE 14
	687	+	OF ANY FEDERAL INFLATION REDUCTION ACT OF 2022 GRANTS, REBATES, TAX 15
	688	+	CREDITS, OR LOAN GUARANTEES R ECEIVED BY THE PROJE CT SHALL BE PASSED 16
	689	+	ALONG TO RATEPAYERS . 17
730	690
731		-	(C) (1) ON OR BEFORE DECEMBER 1, 2024 JULY 1, 2025, THE
732		-	COMMISSION SHALL ISSU E, OR REQUEST THAT PJM INTERCONNECTIO N ISSUE, ONE
733		-	OR MORE COMPETITIVE SOLICITATIONS FOR PR OPOSALS FOR OPEN ACC ESS
734		-	OFFSHORE WIND TRANSM ISSION FACILITIES AN D NECESSARY COMPLEMENTARY
735		-	ONSHORE TRANSMISSION UPGRADES AND EXPANSI ONS.
	691	+	7–704.3. 18
736	692
737		-	(2) THE COMMISSION MAY ISSUE , OR REQUEST THAT PJM
738		-	INTERCONNECTION ISSUE , FURTHER SOLICITATION S FOR PROPOSALS AFTE R THIS
739		-	DATE IF DETERMINED N ECESSARY BY THE COMMISSION.
	693	+	(A) THE GENERAL ASSEMBLY FINDS AND DE CLARES THAT IT IS IN THE 19
	694	+	PUBLIC INTEREST TO U PGRADE AND EXPAND TH E TRANSMISSION SYSTE M TO 20
	695	+	ACCOMMODATE THE BUIL DOUT OF AT LEAST 8,500 MEGAWATTS OF OFFSHOR E WIND 21
	696	+	ENERGY FROM QUALIFIE D OFFSHORE WIND PROJ ECTS SERVING THE STATE BY 22
	697	+	2031. 23
740	698
741		-	(D) IN DEVELOPING CRITERI A FOR SELECTING A PR OPOSAL UNDER THIS
742		-	SECTION, THE COMMISSION:
	699	+	(B) (1) (I) TO MEET THE GOAL GOALS ESTABLISHED UNDER § 7–703 OF 24
	700	+	THIS SUBTITLE AND SUBSECTION (A) OF THIS SECTION , THE COMMISSION, IN 25
	701	+	CONSULTATION WITH TH E MARYLAND ENERGY ADMINISTRATION AND PJM 26
	702	+	INTERCONNECTION , SHALL REQUEST THAT PJM INTERCONNECTION CONDUCT AN 27
	703	+	ANALYSIS OF TRANSMIS SION SYSTEM UPGRADE AND EXPANSION OPTIONS THAT 28
	704	+	TAKE INTO CONSIDERAT ION BOTH ONSHORE AND OFFSHORE INFRASTRUCT URE. 29
743	705
744		-	(1) SHALL CONSIDER THE A NALYSIS REQUIRED UND ER SUBSECTION
745		-	(B) OF THIS SECTION , INCLUDING A CONSIDER ATION OF POTENTIAL
746		-	INTERCONNECTION POIN TS AND CABLE ROUTES ;
747		-	WES MOORE, Governor Ch. 95
	706	+	(II) IN CONDUCTING THE ANA LYSIS REQUIRED UNDER 30
	707	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE 31
748	708
749		-	– 17 –
750		-	(2) SHALL EVALUATE THE P OTENTIAL FOR COOPERA TING WITH
751		-	OTHER STATES IN THE PJM REGION TO MAXIMIZE C ONSUMER BENEFITS THA T WILL
752		-	BEST ACHIEVE T HE STATE’S RENEWABLE ENERGY AND OFFSHORE WIND ENERGY
753		-	GOALS; AND
	709	+	(2) THE COMMISSION: 32
	710	+	16 SENATE BILL 781
754	711
755		-	(3) MAY CONSULT WITH THE ADMINISTRATION , ELECTRIC
756		-	COMPANIES, TRANSMISSION FACILIT Y OWNERS, AND OTHER STATES OR ENTITIES
757		-	DESIGNATED BY THOSE STATES IN DEVELOPING OR COORDINATING EQUI VALENT
758		-	STANDARDS FOR THE APP ROVAL OF TRANSMISSIO N PROJECTS UNDER THI S
759		-	SECTION THAT WILL FA CILITATE THE INTEGRA TION OF MULTIPLE OFF SHORE WIND
760		-	ENERGY PROJECTS AND POTENTIAL MULTISTATE OFFSHORE WIND TRANSM ISSION
761		-	PROJECTS.
762	712
763		-	(E) (1) THE COMMISSION SHALL INCL UDE, OR WORK WITH PJM
764		-	INTERCONNECTION TO IN CLUDE, SPECIFICATIONS IN TH E SOLICITATION THAT
765		-	REQUIRE PROPOSALS TO :
	713	+	(I) SHALL CONSULT WITH O THER STATES SERVED BY PJM 1
	714	+	INTERCONNECTION TO EV ALUATE REGIONAL TRAN SMISSION COOPERATION THAT 2
	715	+	COULD HELP ACHIEVE T HE STATE’S RENEWABLE ENERGY A ND OFFSHORE WIND 3
	716	+	ENERGY GOALS WITH GR EATER EFFICIENCY ; 4
766	717
767		-	(I) ALLOW FUTURE TRANSMI SSION LINES TO CONNE CT IN A
768		-	MESHED MANNER AND SH ARE LANDING POINTS ;
	718	+	(II) SHALL WORK WITH PJM INTERCONNECTION TO EN SURE 5
	719	+	THAT THE ANALYSIS REQUESTED U NDER PARAGRAPH (1) OF THIS SUBSECTION 6
	720	+	INCLUDES AN ANALYSIS OF SOLUTIONS THAT : 7
769	721
770		-	(II) CONSIDER OTHER ONSHO RE AND OFFSHORE CLEA N
771		-	ENERGY GENERATION AN D STORAGE FACILITIES ; AND
	722	+	1. USE AN OPEN –ACCESS COLLECTOR TRA NSMISSION 8
	723	+	SYSTEM TO ALLOW FOR THE INTERCONNECTION OF MULTIPLE QUALIFIE D 9
	724	+	OFFSHORE WIND PROJEC TS AT A SINGLE SUBSTATION; 10
772	725
773		-	~~(III) INCORPORATE COMMUNIT Y BENEFIT AGREEMENTS IN~~
774		-	~~ACCORDANCE WITH § 7–704.1~~ OF ~~THIS SUBTITLE~~;
	726	+	2. AVOID A SIGNIFICANT OUTAGE, OR SINGLE 11
	727	+	CONTINGENCY , OF ANY PART OF THE T RANSMISSION SYSTEM ; 12
775	728
776		-	(IV) ADDRESS THE SITING , ENVIRONMENTAL , AND
777		-	SOCIOECONOMIC INFORM ATION REQUIRED TO BE C ONSIDERED BY THE
778		-	COMMISSION UNDER § 7–207 OF THIS TITLE FOR AN APPLICATION FOR A
779		-	CERTIFICATE OF PUBLI C CONVENIENCE AND NE CESSITY, INCLUDING
780		-	OPPORTUNITIES FOR PU BLIC ENGAGEMENT AND COMMENT WITH UNITS O F STATE
781		-	AND LOCAL GOVERNMENT AND THE GENERAL PUBLIC ;
	729	+	3. REDUCE PERMITTING RI SKS, IMPACTS ON 13
	730	+	COMMUNITIES , AND UNNECESSARY HIGH COSTS; 14
782	731
783		-	(V) DEMONSTRATE NET BENE FITS TO RATEPAYERS I N THE
784		-	STATE WHEN COMPARED W ITH AN ALTERNATIVE B ASELINE SCENARIO UND ER WHICH
785		-	8,500 MEGAWATTS OF OFFSHOR E WIND ENERGY CAPACI TY IS CONNECTED TO PJM
786		-	INTERCONNECTION INDEP ENDENT OF AN OFFSHOR E WIND TRANSMISSION PR OJECT
787		-	TO ACHIEVE THE GOAL ESTABLISHED UNDER § 7–704.1(A)(1)(I) OF THIS SUBTITLE ;
788		-	AND
	732	+	4. LEVERAGE EXISTING IN FRASTRUCTURE ; 15
789	733
790		-	(V) (VI) ENSURE A COMPETITIVE BIDDING PROCESS BY
791		-	REDACTING PROPRIETAR Y INFORMATION PROVID ED TO THE COMMISSION OR TO
792		-	PJM INTERCONNECTION .
793		-	Ch. 95 2023 LAWS OF MARYLAND
	734	+	5. OFFER BENE FITS THAT ADDRESS AD DITIONAL GRID 16
	735	+	CHALLENGES ; AND 17
794	736
795		-	– 18 –
796		-	(2) THE COMMISSION MAY CONSIDER EVALUATE, OR REQUEST THAT
797		-	PJM INTERCONNECTION ASSIS T WITH THE EVALUATIO N OF, PROPOSALS THAT
798		-	INCLUDE:
	737	+	6. ADDRESS ANY OTHER IS SUES THAT THE COMMISSION 18
	738	+	IDENTIFIES; AND 19
799	739
800		-	(I) UPGRADING THE EXISTI NG TRANSMISSION GRID ;
	740	+	(III) MAY ALSO CONSULT WITH OWNERS OF TRANSMISSION 20
	741	+	FACILITIES IN THE STATE TO GATHER RELEVANT T ECHNICAL INFORMATION . 21
801	742
802		-	(II) ~~EXTENDING~~ THE ~~EXISTI NG TRANSMISSION GRID ONSHORE~~
803		-	~~AND OFFSHORE~~ TO ~~BE CLOSER TO OFFSHORE W IND ENERGY LOCATIONS ;~~
	743	+	(2) (3) THE COMMISSION MAY ENTER INTO ANY NECESSARY 22
	744	+	AGREEMENTS WITH PJM INTERCONNECTION FOR T RANSMISSION PLANNING TO: 23
804	745
805		-	(III) INTERCONNECTING BETW EEN OFFSHORE SUBSTAT IONS;
	746	+	(I) FURTHER THE COMMISSION’S INITIATE PJM 24
	747	+	INTERCONNECTION ’S ANALYSIS; OR 25
806	748
807		-	(IV) ADDING ENERGY STORAG E; AND
	749	+	(II) ASSIST WITH THE SOLI CITATION OF PROPOSAL S FOR 26
	750	+	OFFSHORE WIND TRANSMISSION PROJECT S. 27
808	751
809		-	(V) THE USE OF HVDC CONVERTER TECHNOLOGY TO SUPPORT
810		-	POTENTIAL WEAKNESSES IN THE TRANSMISSION GRID.
	752	+	(3) (4) ON OR BEFORE JULY 1, 2024, THE COMMISSION SHALL 28
	753	+	SUBMIT ITS COMPLETED A STATUS UPDATE ON T HE ANALYSIS REQUESTED UNDER 29
	754	+	PARAGRAPH (1) OF THIS SUBSECTION TO THE GENERAL ASSEMBLY, IN 30
	755	+	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 31
	756	+	SENATE BILL 781 17
811	757
812		-	(3) THE COMMISSION MAY SELECT A PROP OSAL OR PROPOSALS TH AT
813		-	INCLUDE:
814	758
815		-	(I) FEDERAL FUNDING IN T HE FORM OF A MATCH , GRANT,
816		-	LOAN, OR OWNERSHIP AND OPE RATION BY THE UNITED STATES GOVERNMENT ;
	759	+	(C) (1) ON OR BEFORE DECEMBER 1, 2024 JULY 1, 2025, THE 1
	760	+	COMMISSION SHALL ISSU E, OR REQUEST THAT PJM INTERCONNECTION ISSUE , ONE 2
	761	+	OR MORE COMPETITIVE SOLICITATIONS FOR PR OPOSALS FOR OPEN ACC ESS 3
	762	+	OFFSHORE WIND TRANSM ISSION FACILITIES AN D NECESSARY COMPLEMENTARY 4
	763	+	ONSHORE TRANSMISSION UPGRADES AND EXPANSI ONS. 5
817	764
818		-	(II) COST SHARING AMONG S TATES OR RECOVERY OF
819		-	TRANSMISSION COSTS T HROUGH FEDERAL TRANSMISSION RATES, CONSISTENT
820		-	WITH THE POLICIES AN D TARIFFS OF THE FEDERAL ENERGY REGULATORY
821		-	COMMISSION;
	765	+	(2) THE COMMISSION MAY ISSUE , OR REQUEST THAT PJM 6
	766	+	INTERCONNECTION ISSUE , FURTHER SOLICITATION S FOR PROPOSALS AFTE R THIS 7
	767	+	DATE IF DETERMINED N ECESSARY BY THE COMMISSION. 8
822	768
823		-	(~~III~~) A ~~COMBINATION OF THE FUNDING METHODS OUTL INED IN~~
824		-	~~ITEMS (I) AND (II) OF THIS PARAGRAPH ; OR~~
	769	+	(D) IN DEVELOPING CRITERIA FOR SE LECTING A PROPOSAL U NDER THIS 9
	770	+	SECTION, THE COMMISSION: 10
825	771
826		-	(IV) ANY OTHER AVAILABLE FUNDING MECHANISMS .
	772	+	(1) SHALL CONSIDER THE A NALYSIS REQUIRED UND ER SUBSECTION 11
	773	+	(B) OF THIS SECTION , INCLUDING A CONSIDER ATION OF POTENTIAL 12
	774	+	INTERCONNECTION POIN TS AND CABLE ROUTES ; 13
827	775
828		-	(4) EACH PROPOSAL SHOULD MAXIMIZE ACCESS TO A ND BE
829		-	CONSISTENT WITH THE TERMS OF THE U.S. DEPARTMENT OF ENERGY FUNDING
830		-	PROGRAMS, INCLUDING THOSE ESTA BLISHED:
	776	+	(2) SHALL EVALUA TE THE POTENTIAL FOR COOPERATING WITH 14
	777	+	OTHER STATES IN THE PJM REGION TO MAXIMIZE C ONSUMER BENEFITS THA T WILL 15
	778	+	BEST ACHIEVE THE STATE’S RENEWABLE ENERGY AND OFFSHORE WIND ENERGY 16
	779	+	GOALS; AND 17
831	780
832		-	(I) UNDER THE FEDERAL INFRASTRUCTURE INVESTMENT AND
833		-	JOBS ACT;
	781	+	(3) MAY CONSULT WITH THE ADMINISTRATION , ELECTRIC 18
	782	+	COMPANIES, TRANSMISSION FACILITY OWN ERS, AND OTHER STATES OR ENTITIES 19
	783	+	DESIGNATED BY THOSE STATES IN DEVELOPING OR COORDINATING EQUI VALENT 20
	784	+	STANDARDS FOR THE AP PROVAL OF TRANSMISSI ON PROJECTS UNDER TH IS 21
	785	+	SECTION THAT WILL FA CILITATE THE INTEGRA TION OF MULTIPLE OFF SHORE WIND 22
	786	+	ENERGY PROJECTS AND POTENTIAL MULTISTATE OFFSHORE WIND TRANSM ISSION 23
	787	+	PROJECTS. 24
834	788
835		-	(II) UNDER THE FEDERAL INFLATION REDUCTION ACT OF
836		-	2022;
	789	+	(E) (1) THE COMMISSION SHALL INCL UDE, OR WORK WITH PJM 25
	790	+	INTERCONNECTION TO IN CLUDE, SPECIFICATIONS IN TH E SOLICITATION THAT 26
	791	+	REQUIRE PROPOSALS TO : 27
837	792
838		-	(~~III~~) ~~THROUGH THE U.S. DEPARTMENT OF ENERGY~~
839		-	~~TRANSMISSION FACILITATION PROGRAM;~~ AND ~~WES MOORE,~~ ~~Governor Ch. 95~~
	793	+	(I) ALLOW FUTURE TRANSMISSION LINES T O CONNECT IN A 28
	794	+	MESHED MANNER AND SH ARE LANDING POINTS ; 29
840	795
841		-	– 19 –
	796	+	(II) CONSIDER OTHER ONSHO RE AND OFFSHORE CLEA N 30
	797	+	ENERGY GENERATION AN D STORAGE FACILITIES ; AND 31
842	798
843		-	(IV) THROUGH ANY LOAN PRO GRAMS, OFFICE PROGRAMS , OR
844		-	RESILIENCY FUNDING .
	799	+	(III) INCORPORATE COMMUNIT Y BENEFIT AGREEMENTS IN 32
	800	+	ACCORDANCE WITH § 7–704.1 OF THIS SUBTITLE; 33
	801	+	18 SENATE BILL 781
845	802
846		-	(5) (I) EACH PROPOSAL SHALL I NCLUDE A COST –BENEFIT
847		-	ANALYSIS TO DEMONSTR ATE THE OVERALL BENE FITS OF THE PROPOSAL TO THE
848		-	STATE AND TO RATEPAYE RS.
849	803
850		-	(II) THE COST –BENEFIT ANALYSIS REQ UIRED UNDER
851		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL INCLUDE AN ASSES SMENT OF
852		-	POTENTIAL COST ALLOC ATION BETWEEN STATES .
	804	+	(IV) ADDRESS THE SITING , ENVIRONMENTAL , AND 1
	805	+	SOCIOECONOMIC INFORM ATION REQUIRED TO BE CONSIDERED BY THE 2
	806	+	COMMISSION UNDER § 7–207 OF THIS TITLE FOR AN APPLICATION FOR A 3
	807	+	CERTIFICATE OF PUBLI C CONVENIENCE AND NE CESSITY, INCLUDING 4
	808	+	OPPORTUNITIE S FOR PUBLIC ENGAGEM ENT AND COMMENT WITH UNITS OF STATE 5
	809	+	AND LOCAL GOVERNMENT AND THE GENERAL PUBL IC; 6
853	810
854		-	(F) THE SOLICITATION PROC ESS SHALL:
	811	+	(V) DEMONSTRATE NET BENE FITS TO RATEPAYERS I N THE 7
	812	+	STATE WHEN COMPARED W ITH AN ALTERNATIVE B ASELINE SCENARIO UND ER WHICH 8
	813	+	8,500 MEGAWATTS OF OFFSHOR E WIND ENERGY CAPACITY IS CONNECTED TO PJM 9
	814	+	INTERCONNECTION INDEP ENDENT OF AN OFFSHOR E WIND TRANSMISSION PROJECT 10
	815	+	TO ACHIEVE THE GOAL ESTABLISHED UNDER § 7–704.1(A)(1)(I) OF THIS SUBTITLE ; 11
	816	+	AND 12
855	817
856		-	(1) ~~INCLUDE~~ A ~~PREQUALIFI CATION~~ PROCESS ~~TO EN SURE THE~~
857		-	~~FINANCIAL AND TECHNI CAL COMPETENCE AND C APABILITIES OF~~ THE ~~E NTITIES~~
858		-	~~RESPONDING TO THE SO LICITATION FOR PROPO SALS;~~
	818	+	(V) (VI) ENSURE A COMPETITIVE BIDDING PROCESS BY 13
	819	+	REDACTING PROP RIETARY INFORMATION PROVIDED TO THE COMMISSION OR TO 14
	820	+	PJM INTERCONNECTION . 15
859	821
860		-	(2) PROVIDE FOR RIGOROUS SEPARATION BETWEEN INDIVIDUALS OR
861		-	FIRMS PARTICIPATING IN THE REVIEW , ANALYSIS, AND SELECTION OF THE
862		-	PROPOSALS BY OR ON B EHALF OF THE COMMISSION AND THOSE PARTICIPATING IN
863		-	THE DEVELOPMENT OR M ANAGEMENT OF PROPOSA LS; AND
	822	+	(2) THE COMMISSION MAY CONSIDER EVALUATE, OR REQUEST THAT 16
	823	+	PJM INTERCONNECTION ASSIS T WITH THE EVALUATIO N OF, PROPOSALS THAT 17
	824	+	INCLUDE: 18
864	825
865		-	(3) PROMOTE RIGOROUS COM PETITION AMONG PREQU ALIFIED
866		-	ENTITIES IN THE PREPA RATION AND SUBMISSIO N OF THEIR PROPOSALS .
	826	+	(I) UPGRADING THE EXISTI NG TRANSMISSION GRID; 19
867	827
868		-	(G) THE COMMISSION MAY MODIFY , OR REQUEST THAT PJM
869		-	INTERCONNECTION MODIF Y, A SOLICITATION FOR P ROPOSALS AT ANY TIME IN
870		-	ORDER TO SATISFY ELI GIBILITY CRITERIA FO R U.S. DEPARTMENT OF ENERGY
871		-	FUNDING PROGRAMS .
	828	+	(II) EXTENDING THE EXISTI NG TRANSMISSION GRID ONSHORE 20
	829	+	AND OFFSHORE TO BE CLOSER TO OFFS HORE WIND ENERGY LOC ATIONS; 21
872	830
873		-	(H) IN SELECTING A PROPOS AL UNDER THIS SECTIO N, THE COMMISSION
874		-	SHALL TAKE INTO CONS IDERATION THE TOTAL AMOUNT OF NEW TRANSM ISSION
875		-	INFRASTRUCTURE NEEDE D TO:
	831	+	(III) INTERCONNECTING BETW EEN OFFSHORE SUBSTAT IONS; 22
876	832
877		-	(1) ~~MAINTAIN ELECTRIC SY STEM RELIABILITY~~ ;
	833	+	(IV) ADDING ENERGY STORAG E; AND 23
878	834
879		-	(2) ~~AVOID UNNECESSARY UP GRADE COSTS T O~~ THE ~~EXISTING~~
880		-	TRANSMISSION GRID ;
	835	+	(V) THE USE OF HVDC CONVERTER TECHN OLOGY TO SUPPORT 24
	836	+	POTENTIAL WEAKNESSES IN THE TRANSMISSION GRID. 25
881	837
882		-	(3) ACHIEVE THE STATE’S OFFSHORE WIND , RENEWABLE ENERGY ,
883		-	AND DECARBONIZATION GOALS;
884		-	Ch. 95 2023 LAWS OF MARYLAND
	838	+	(3) THE COMMISSION MAY SELECT A PROPOSAL OR PROPOS ALS THAT 26
	839	+	INCLUDE: 27
885	840
886		-	– 20 –
887		-	(4) (3) OBTAIN DEMONSTRABLE BENEFITS TO THE CONS UMER AND
888		-	ENVIRONMENT ; AND
	841	+	(I) FEDERAL FUNDING IN T HE FORM OF A MATCH , GRANT, 28
	842	+	LOAN, OR OWNERSHIP AND OPE RATION BY THE UNITED STATES GOVERNMENT ; 29
889	843
890		-	(5) (4) FOSTER ECONOMIC DEVE LOPMENT AND JOB CREA TION IN
891		-	THE STATE.
	844	+	(II) COST SHARING AMONG S TATES OR RECOVERY OF 30
	845	+	TRANSMISSION COSTS T HROUGH FEDERAL TRANS MISSION RATES , CONSISTENT 31
	846	+	WITH THE POLICIES AN D TARIFFS OF THE FEDERAL ENERGY REGULATORY 32
	847	+	COMMISSION; 33 SENATE BILL 781 19
892	848
893		-	(I) THE COMMISSION SHALL :
894	849
895		-	(1) EVALUATE REQUEST THAT PJM INTERCONNECTION ASSIS T WITH
896		-	THE EVALUATION OF EACH PROPOSAL SUBMIT TED IN ACCORDANCE WI TH THIS
897		-	SECTION; AND
898	850
899		-	(2) AFTER NOTICE , ONE OR MORE HEARINGS TO RECEIVE PUBLIC
900		-	COMMENT, AND AN EVIDENTIARY H EARING, AND SUBJECT TO SUBSE CTION (J) OF
901		-	THIS SECTION, ON OR BEFORE JULY DECEMBER 1, 2026 2027, BY ORDER, SELECT A
902		-	PROPOSAL OR PROPOSAL S FOR DEVELOPMENT :
	851	+	(III) A COMBINATION OF THE FUNDING METHODS OUTL INED IN 1
	852	+	ITEMS (I) AND (II) OF THIS PARAGRAPH ; OR 2
903	853
904		-	(I) USING A FUNDING MECH ANISM OR COMBINATION OF
905		-	FUNDING MECHANISMS I DENTIFIED IN SUBSECTION (E)(3) OF THIS SECTION; AND
	854	+	(IV) ANY OTHER AVAILABLE FUNDING MECHANISMS . 3
906	855
907		-	(II) ~~THAT DEMONSTRATE NET BENEFITS~~ TO ~~RATEPAYE RS IN THE~~
908		-	~~STATE WHEN COMPARED W ITH AN ALTERNATIVE B ASELINE SCENARIO UND ER~~
909		-	~~SUBSECTION (E)(1)(V) OF THIS SECTION.~~
	856	+	(4) EACH PROPOSAL SHOULD MAXIMIZE ACCESS TO A ND BE 4
	857	+	CONSISTENT WITH THE TERMS OF THE U.S. DEPARTMENT OF ENERGY FUNDING 5
	858	+	PROGRAMS, INCLUDING THOSE ESTA BLISHED: 6
910	859
911		-	(J) IF THE COMMISSION FINDS THAT NONE OF THE PROPOSAL S ARE
912		-	BENEFICIALLY COST –EFFECTIVE OR ADEQUATELY SUPPORT T HE GOALS
913		-	ESTABLISHED UNDER TH IS SECTION OR DEMONSTRATE NET B ENEFITS TO
914		-	RATEPAYERS IN THE STATE WHEN COMPARED W ITH AN ALTERNATIVE B ASELINE
915		-	SCENARIO UNDER SUBSECTION (E)(1)(V) OF THIS SECTION, THEN THE COMMISSION
916		-	MAY END THE SOLICITA TION PROCESS WITHOUT SELECTING A PROPOSAL .
	860	+	(I) UNDER THE FEDERAL INFRASTRUCTURE INVESTMENT AND 7
	861	+	JOBS ACT; 8
917	862
918		-	(K) ~~(1)~~ THE ~~COMMISSION MAY , FOR A PROPOSAL SELEC TED UNDER~~
919		-	~~SUBSECTION (I) OF THIS SECTION:~~
	863	+	(II) UNDER THE FEDERAL INFLATION REDUCTION ACT OF 9
	864	+	2022; 10
920	865
921		-	(I) ~~ADOPT CONDITIONS FOR~~ THE ~~CO NSTRUCTION AND~~
922		-	~~OPERATION OF FACILIT IES INCLUDED IN THE PROPOSAL~~; AND
	866	+	(III) THROUGH THE U.S. DEPARTMENT OF ENERGY 11
	867	+	TRANSMISSION FACILITATION PROGRAM; AND 12
923	868
924		-	(II) ~~CONSIDER~~ ANY ~~CONDITI ONS PROPOSED BY THE POWER~~
925		-	~~PLANT RESEARCH PROGRAM~~.
	869	+	(IV) THROUGH ANY LOAN PRO GRAMS, OFFICE PROGRAMS , OR 13
	870	+	RESILIENCY FUNDING . 14
926	871
927		-	(2) ~~THE REQUIREMENT TO OB TAIN~~ A ~~CERTIFICATE O F PUBLIC~~
928		-	~~CONVENIENCE AND NECE SSITY UNDER § 7–207 OR § 7–208~~ OF ~~THIS TITLE DOES N OT~~
929		-	~~APPLY~~ TO ~~A PROPOSAL SELECTED UNDER SUBSE CTION (I) OF THIS SECTION~~. ~~WES MOORE, Governor Ch. 95~~
	872	+	(5) (I) EACH PROPOSAL SHALL I NCLUDE A COST –BENEFIT 15
	873	+	ANALYSIS TO DEMONSTR ATE THE OVERALL BENE FITS OF THE PROPOSAL TO THE 16
	874	+	STATE AND TO RATEPAYE RS. 17
930	875
931		-	– 21 –
	876	+	(II) THE COST –BENEFIT ANALYSIS REQ UIRED UNDER 18
	877	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCLUDE AN ASS ESSMENT OF 19
	878	+	POTENTIAL COST ALLOC ATION BETWEEN STATES . 20
932	879
933		-	(3) AN ORDER SELECTING A PROPOSAL UNDER SUBSE CTION (I) OF
934		-	THIS SECTION CONSTIT UTES AUTHORIZATION B Y THE COMMISSION TO CONSTRU CT
935		-	AND OPERATE FACILITI ES THAT WOULD OTHERWISE REQUIRE A CERTIFICATE OF
936		-	PUBLIC CONVENIENCE A ND NECESSITY UNDER § 7–207 OR § 7–208 OF THIS TITLE.
	880	+	(F) THE SOLICITATION PROC ESS SHALL: 21
937	881
938		-	(L) EXCEPT AS PROVIDED IN SUBSECTION (K) OF THIS SECTION , A A
939		-	PROPOSAL APPROVED SELECTED UNDER THIS SECTION I S SUBJECT TO ALL OTH ER
940		-	RELEVANT REQU IREMENTS FOR THE SIT ING AND CONSTRUCTION OF TRANSMISSION
941		-	LINES, INCLUDING ANY REQUIR EMENT TO OBTAIN A CE RTIFICATE OF PUBLIC
942		-	CONVENIENCE AND NECE SSITY.
	882	+	(1) INCLUDE A PREQUALIFI CATION PROCESS TO EN SURE THE 22
	883	+	FINANCIAL AND TECHNI CAL COMPETENCE AND C APABILITIES OF THE E NTITIES 23
	884	+	RESPONDING TO THE SOLICITATION FOR PRO POSALS; 24
943	885
944		-	(L) (M) SELECTION OF COORDINA TED TRANSMISSION PRO POSALS MAY
945		-	NOT IMPACT THE INTER CONNECTION PLANS OF EARLIER OFFSHORE WIN D
946		-	PROJECTS, INCLUDING OCS–A 0490 (US WIND) AND OCS–A 0519 (SKIPJACK),
947		-	UNLESS THE LEASEHOLD ERS FOR THESE PROJEC TS OPT TO PARTICIPAT E IN THE
948		-	PROPOSAL BY NOTIFYIN G THE COMMISSION BY MAIL OR E–MAIL BEFORE THE
949		-	COMPLETION OF THE AN ALYSIS OF TRANSMISSION SYSTEM E XPANSION OPTIONS
950		-	UNDER SUBSECTION (B) OF THIS SECTION.
	886	+	(2) PROVIDE FOR RIGOROUS SEPARATION BETWEEN I NDIVIDUALS OR 25
	887	+	FIRMS PARTICIPATING IN THE REVIEW , ANALYSIS, AND SELECTION OF THE 26
	888	+	PROPOSALS BY OR ON B EHALF OF THE COMMISSION AND THOSE PARTICIPATING IN 27
	889	+	THE DEVELOPMENT OR M ANAGEMENT OF PROPOSALS ; AND 28
951	890
952		-	(M) (N) IF NO PROPOSAL HAS BE EN APPROVED SELECTED UNDER THIS
953		-	SECTION BY JULY DECEMBER 1, 2026 2027, THE COMMISSION SHALL SUBM IT A
954		-	STATEMENT OF DETERMI NATION TO THE GOVERNOR AND GENERAL ASSEMBLY
955		-	THAT:
	891	+	(3) PROMOTE RIGOROUS COM PETITION AMONG PREQU ALIFIED 29
	892	+	ENTITIES IN THE PREP ARATION AND SUBMISSI ON OF THEIR PROPOSAL S. 30
	893	+	20 SENATE BILL 781
956	894
957		-	(1) PROVIDES A COMPREHEN SIVE EXPLANATION OF THE
958		-	COMMISSION’S DECISION DETERMINATION ; AND
959	895
960		-	(2) RECOMMENDS A PATH FO RWARD TO ACHIEVE THE STATE’S GOAL
961		-	UNDER SUBSECTION (A) OF THIS SECTION.
	896	+	(G) THE COMMISSION MAY MODIFY , OR REQUEST THAT PJM 1
	897	+	INTERCONNECTION MODIF Y, A SOLICITATION FOR P ROPOSALS AT ANY TIME IN 2
	898	+	ORDER TO SATISFY ELI GIBILITY CRITERIA FO R U.S. DEPARTMENT OF ENERGY 3
	899	+	FUNDING PROGRAMS . 4
962	900
963		-	(N) (O) AFTER THE COMMISSION SELECTS A PROPOSAL OR PROPOSAL S,
964		-	THE COMMISSION SHALL WORK WITH THE MARYLAND ENERGY ADMINISTRATION ,
965		-	TRANSMISSION DEVELOP ER OR DEVELOPERS , TRANSMISSION FACILIT Y OWNERS,
966		-	PJM INTERCONNECTION , THE FEDERAL ENERGY REGULATORY COMMISSION, AND
967		-	ANY OTHER STATES THA T VOLUNTARI LY PARTICIPATE , TO FACILITATE THE
968		-	DEVELOPMENT OF THE P ROPOSAL OR PROPOSALS AND THE CONSTRUCTION OF THE
969		-	PROPOSED OFFSHORE WI ND PROJECT OR PROJEC TS.
	901	+	(H) IN SELECTING A PROPOS AL UNDER THIS SECTIO N, THE COMMISSION 5
	902	+	SHALL TAKE INTO CONS IDERATION THE TOTAL AMOUNT OF NEW TRANSM ISSION 6
	903	+	INFRASTRUCTURE NEEDE D TO: 7
970	904
971		-	(O) ~~(P) THE COMMISSION:~~
	905	+	(1) MAINTAIN ELECTRIC SYSTE M RELIABILITY; 8
972	906
973		-	(1) ~~SHALL CARRY OUT~~ THE ~~PROVISIONS OF THIS S ECTION BY~~
974		-	~~OBTAINING INFORMATIO N THROUGH REQUEST , COOPERATION , SUBPOENA, OR ANY Ch. 95 2023 LAWS OF MARYLAND~~
	907	+	(2) AVOID UNNECESSARY UP GRADE COSTS TO THE E XISTING 9
	908	+	TRANSMISSION GRID ; 10
975	909
976		-	– 22 –
977		-	OTHER LEGAL METHOD F ROM TRANSMISSION OWN ERS, PJM INTERCONNECTION ,
978		-	OR ANY OTHER ENTITY ; AND
	910	+	(3) ACHIEVE THE STATE’S OFFSHORE WIND , RENEWABLE ENERGY , 11
	911	+	AND DECARBONIZATION GOALS; 12
979	912
980		-	(2) MAY RETAIN CONSULTAN TS.
	913	+	(4) (3) OBTAIN DEMONSTRABLE BENEFITS TO THE CONS UMER AND 13
	914	+	ENVIRONMENT ; AND 14
981	915
982		-	7–704.4.
	916	+	(5) (4) FOSTER ECONOMIC DEVE LOPMENT AND JOB CREA TION IN 15
	917	+	THE STATE. 16
983	918
984		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
985		-	INDICATED.
	919	+	(I) THE COMMISSION SHALL : 17
986	920
987		-	(2) “COMMUNITY BENEFIT AGR EEMENT” HAS THE MEANING STAT ED
988		-	IN § 7–704.1(E) OF THIS SUBTITLE.
	921	+	(1) EVALUATE REQUEST THAT PJM INTERCONNECTION ASSIS T WITH 18
	922	+	THE EVALUATION OF EACH PROPOSAL SUBMIT TED IN ACCORDANCE WI TH THIS 19
	923	+	SECTION; AND 20
989	924
990		-	(3) “SOCIAL COST OF GREENH OUSE GASES ” MEANS THE MOST
991		-	RECENT SOCIAL COST O F GREENHOUSE GAS ES ADOPTED BY THE U.S.
992		-	ENVIRONMENTAL PROTECTION AGENCY.
	925	+	(2) AFTER NOTICE , ONE OR MORE HEARINGS TO RECEIVE PUBLIC 21
	926	+	COMMENT, AND AN EVIDENTIARY H EARING, AND SUBJECT TO SUBSE CTION (J) OF 22
	927	+	THIS SECTION, ON OR BEFORE JULY DECEMBER 1, 2026 2027, BY ORDER, SELECT A 23
	928	+	PROPOSAL OR PROPOSAL S FOR DEVELOPMENT : 24
993	929
994		-	(B) (1) BETWEEN JULY 31, 2024, AND APRIL 30, 2025, THE THE
995		-	DEPARTMENT OF GENERAL SERVICES, IN CONSULTATION WITH THE PUBLIC
996		-	SERVICE COMMISSION, SHALL ISSUE AN INVITATION FOR BIDS A COMPETITIVE
997		-	SEALED PROCUREMENT SOLICITA TION AND MAY ENTER INTO A T LEAST ONE
998		-	CONTRACT FOR A POWER PURCHASE AGREEMENT T O PROCURE BETWEEN 1,000,000
999		-	AND 8,000,000 UP TO 5,000,000 MEGAWATT –HOURS ANNUALLY OF OF FSHORE WIND
1000		-	ENERGY AND ASSOCIATE D RENEWABLE ENERGY C REDITS FROM ONE OR MORE
1001		-	QUALIFIED OFFSHORE W IND PROJECTS.
	930	+	(I) USING A FUNDING MECHANISM OR COMBINATION OF 25
	931	+	FUNDING MECHANISMS I DENTIFIED IN SUBSECT ION (E)(3) OF THIS SECTION; AND 26
1002	932
1003		-	(2) EACH AGREEMENT ENTERE D INTO UNDER PARAGRA PH (1) OF
1004		-	THIS SUBSECTION SHAL L HAVE A TERM OF NOT LESS THAN 20 YEARS.
	933	+	(II) THAT DEMONSTRATE NET BENEFITS TO RATEPAYE RS IN THE 27
	934	+	STATE WHEN COMPARED W ITH AN ALTERNATIVE B ASELINE SCENARIO UND ER 28
	935	+	SUBSECTION (E)(1)(V) OF THIS SECTION. 29
1005	936
1006		-	(3) WHEN ISSUING THE INVI TATION FOR BIDS UNDE R THIS
1007		-	SUBSECTION, THE DEPARTMENT SHALL TAKE INTO CONSIDERATION :
	937	+	(J) IF THE COMMISSION FINDS THAT NONE OF THE PROPOSAL S ARE 30
	938	+	BENEFICIALLY COST –EFFECTIVE OR ADEQUATELY SUPPORT T HE GOALS 31
	939	+	ESTABLISHED UNDER TH IS SECTION OR DEMONSTRATE NET B ENEFITS TO 32 SENATE BILL 781 21
1008	940
1009		-	(I) THE SOCIAL COST OF G REENHOUSE GAS EMISSI ONS;
1010	941
1011		-	(II) THE STATE’S CLIMATE COMMITMENT S; AND
	942	+	RATEPAYERS IN THE STATE WHEN COMPARED W ITH AN ALTERNATIVE BASELINE 1
	943	+	SCENARIO UNDER SUBSE CTION (E)(1)(V) OF THIS SECTION, THEN THE COMMISSION 2
	944	+	MAY END THE SOLICITA TION PROCESS WITHOUT SELECTING A PROPOSAL . 3
1012	945
1013		-	(~~III~~) THE ~~STATE’S COMMITMENTS~~ UNDER ~~§ 7–704.1(A) OF THIS~~
1014		-	~~SUBTITLE.~~
	946	+	(K) (1) THE COMMISSION MAY , FOR A PROPOSAL SELEC TED UNDER 4
	947	+	SUBSECTION (I) OF THIS SECTION: 5
1015	948
1016		-	(4) THE EVALUATION CRITER IA FOR BIDS SHALL IN CLUDE:
	949	+	(I) ADOPT CONDITIONS FOR THE CONSTRUCTION AND 6
	950	+	OPERATION OF FACILIT IES INCLUDED IN THE PROPOSAL; AND 7
1017	951
1018		-	(I) ~~COMPARING~~ THE ~~SOCIAL COST O F GREENHOUSE GAS~~
1019		-	~~EMISSIONS FOR OFFSHO RE WIND WITH THE SOC IAL COST OF GREENHOU SE GAS WES MOORE, Governor Ch~~. 95
	952	+	(II) CONSIDER ANY CONDITI ONS PROPOSED BY THE POWER 8
	953	+	PLANT RESEARCH PROGRAM. 9
1020	954
1021		-	~~– 23 –~~
1022		-	~~EMISSIONS FOR NONREN EWABLE POWER PURCHAS ED FROM WHOLESALE EL ECTRIC~~
1023		-	~~MARKETS ADMINISTERED BY PJM INTERCONNECTION ; AND~~
	955	+	(2) THE REQUIREMENT TO OB TAIN A CERTIFICATE O F PUBLIC 10
	956	+	CONVENIENCE AND NECESSITY UNDER § 7–207 OR § 7–208 OF THIS TITLE DOES N OT 11
	957	+	APPLY TO A PROPOSAL SELECTED UNDER SUBSE CTION (I) OF THIS SECTION. 12
1024	958
1025		-	(II) ~~THE EXTENT TO WHICH~~ AN ~~APPLICANT’S~~ PROPOSAL
1026		-	~~PROVIDES FOR FINANCI AL AND TECHNICAL ASS ISTANCE~~ TO ~~SUPPORT M ONITORING~~
1027		-	AND ~~MITIGATION~~ OF ~~WI LDLIFE AND HABITAT I MPACTS ASSOCIATED WI TH THE~~
1028		-	~~PROPOSED OFFSHORE WI~~ ND ~~PROJECT~~.
	959	+	(3) AN ORDER SELECTING A PROPOSAL UNDER SUBSE CTION (I) OF 13
	960	+	THIS SECTION CONSTIT UTES AUTHORIZATION B Y THE COMMISSION TO CONSTRU CT 14
	961	+	AND OPERATE FACILITI ES THAT WOULD OTHERW ISE REQUIRE A CERTIF ICATE OF 15
	962	+	PUBLIC CONVENIENCE A ND NECESSITY UNDER § 7–207 OR § 7–208 OF THIS TITLE. 16
1029	963
1030		-	(5) EACH AGREEMENT ENTERE D INTO UNDER PARAGRA PH (1) OF
1031		-	THIS SUBSECTION SHALL INC LUDE:
	964	+	(L) EXCEPT AS PROVIDED IN SUBSECTION (K) OF THIS SECTION , A A 17
	965	+	PROPOSAL APPROVED SELECTED UNDER THIS SECTION I S SUBJECT TO ALL OTHER 18
	966	+	RELEVANT REQUIREMENT S FOR THE SITING AND CONSTRUCTION OF TRAN SMISSION 19
	967	+	LINES, INCLUDING ANY REQUIR EMENT TO OBTAIN A CE RTIFICATE OF PUBLIC 20
	968	+	CONVENIENCE AND NECE SSITY. 21
1032	969
1033		-	(I) A COMMUNITY BENEFIT AGREEMENT AND DOMEST IC
1034		-	CONTENT PREFERENCES ; AND
	970	+	(L) (M) SELECTION OF COORDINA TED TRANSMISSION PRO POSALS MAY 22
	971	+	NOT IMPACT THE INTERCONN ECTION PLANS OF EARL IER OFFSHORE WIND 23
	972	+	PROJECTS, INCLUDING OCS–A 0490 (US WIND) AND OCS–A 0519 (SKIPJACK), 24
	973	+	UNLESS THE LEASEHOLD ERS FOR THESE PROJEC TS OPT TO PARTICIPAT E IN THE 25
	974	+	PROPOSAL BY NOTIFYIN G THE COMMISSION BY MAIL OR E–MAIL BEFORE THE 26
	975	+	COMPLETION OF THE AN ALYSIS OF TRANSMISSI ON SYSTEM EXPANSION OPTIONS 27
	976	+	UNDER SUBSECTION (B) OF THIS SECTION. 28
1035	977
1036		-	(II) A DESCRIPTION OF :
	978	+	(M) (N) IF NO PROPOSAL HAS BE EN APPROVED SELECTED UNDER THIS 29
	979	+	SECTION BY JULY DECEMBER 1, 2026 2027, THE COMMISSION SHALL SUBM IT A 30
	980	+	STATEMENT OF DETERMINATION TO THE GOVERNOR AND GENERAL ASSEMBLY 31
	981	+	THAT: 32
1037	982
1038		-	1~~. INITIAL PLANS FOR MI TIGATING~~ THE ~~IMPACTS OF THE~~
1039		-	~~CONSTRUCTION~~ AND ~~OPE RATION OF THE PROPOS ED OFFSHORE WIND PRO JECT ON~~
1040		-	~~FISHERIES AND THE ENVIR ONMENT;~~ ~~AND~~
	983	+	(1) PROVIDES A COMPREHEN SIVE EXPLANATION OF THE 33
	984	+	COMMISSION’S DECISION DETERMINATION ; AND 34
	985	+	22 SENATE BILL 781
1041	986
1042		-	2. THE EXTENT TO WHICH AN APPLICANT WILL PR OVIDE
1043		-	FOR FINANCIAL AND TE CHNICAL ASSISTANCE T O SUPPORT THE MONITO RING AND
1044		-	MITIGATION OF WILDLI FE AND HABITAT IMPAC TS ASSOCIATED WITH T HE PROJECT.
1045	987
1046		-	(C) ~~(1)~~ THE ~~DEPARTMENT OF GENERAL SERVICES SHALL IDENTI FY THE~~
1047		-	~~AMOUNT~~ OF ~~ENERGY NEC ESSARY TO MEET THE STATE’S ENERGY NEEDS~~ .
	988	+	(2) RECOMMENDS A PATH FO RWARD TO ACHIEVE THE STATE’S GOAL 1
	989	+	UNDER SUBSECTION (A) OF THIS SECTION. 2
1048	990
1049		-	(2) (I) THE STATE SHALL USE THE E NERGY PROCURED UNDER
1050		-	SUBSECTION (B) OF THIS SECTION TO M EET THE STATE’S ENERGY NEEDS AND
1051		-	RETIRE THE ASSOCIATE D RENEWABLE ENE RGY CREDITS TO MEET ITS OBLIGATIONS
1052		-	UNDER THE RENEWABLE ENERGY PORTFOLIO STA NDARD AND CHAPTER 38 OF THE
1053		-	ACTS OF THE GENERAL ASSEMBLY OF 2022.
	991	+	(N) (O) AFTER THE COMMISSION SELECTS A PROPOSAL OR PROPOSAL S, 3
	992	+	THE COMMISSION SHALL WORK WITH THE MARYLAND ENERGY ADMINISTRATION , 4
	993	+	TRANSMISSION DEVELOP ER OR DEVELOPERS , TRANSMISSION FACILIT Y OWNERS, 5
	994	+	PJM INTERCONNECTION , THE FEDERAL ENERGY REGULATORY COMMISSION, AND 6
	995	+	ANY OTHER STATES THA T VOLUNTARILY PARTIC IPATE, TO FACILITATE THE 7
	996	+	DEVELOPMENT OF THE P ROPOSAL OR PROPOSALS AND THE CONSTRUCTION OF THE 8
	997	+	PROPOSED OFFSHORE WI ND PROJECT OR PROJEC TS. 9
1054	998
1055		-	(II) THE STATE SHALL BE EXEMPT ED FROM THE RENEWABL E
1056		-	ENERGY PORTFOLIO STA NDARD REQUIREMENTS U NDER § 7–703 OF THIS SUBTITLE
1057		-	IF THE DEPARTMENT OF GENERAL SERVICES PROCURES 100% OF THE STATE’S
1058		-	ENERGY NEEDS FROM TH E POWER PURCHASE AGR EEMENT REQUIRED UNDE R
1059		-	SUBSECTION (B) OF THIS SECTION.
	999	+	(O) (P) THE COMMISSION: 10
1060	1000
1061		-	(3) THE ~~STATE SHALL OFFER FOR SALE ANY ENERGY OR R ENEWABLE~~
1062		-	~~ENERGY CREDITS REM AINING AFTER THE REQ UIREMENTS UNDER PARA GRAPH (2)~~
1063		-	~~OF THIS SUBSECTION H AVE BEEN MET ON THE COMPETITIVE WHOLESAL E POWER~~
1064		-	~~MARKET OPERATED BY PJM INTERCONNECTION , THROUGH BILATERAL SA LES TO Ch. 95 2023 LAWS OF MARYLAND~~
	1001	+	(1) SHALL CARRY OUT THE PROVISIONS OF THIS S ECTION BY 11
	1002	+	OBTAINING INFORMATIO N THROUGH REQUEST , COOPERATION , SUBPOENA, OR ANY 12
	1003	+	OTHER LEGAL METHOD F ROM TRANSMISSION OWN ERS, PJM INTERCONNECTION , 13
	1004	+	OR ANY OTHER ENTITY ; AND 14
1065	1005
1066		-	– 24 –
1067		-	CREDIT–WORTHY COUNTERPARTIE S, OR INTO RENEWABLE EN ERGY CREDIT
1068		-	MARKETS.
	1006	+	(2) MAY RETAIN CONSULTAN TS. 15
1069	1007
1070		-	~~(D) THE STATE SHALL:~~
	1008	+	7–704.4. 16
1071	1009
1072		-	(1) ~~ISSUE A PROCUREMENT FOR OFFSHORE WIND EN ERGY ON OR~~
1073		-	~~BEFORE JULY 31, 2024;~~
	1010	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
	1011	+	INDICATED. 18
1074	1012
1075		-	(2) ~~PROVIDE A BIDDING PROCUREMENT SUBMISSI ON PROCESS~~
1076		-	~~WINDOW~~ OF ~~NOT LESS T HAN 180 DAYS; AND~~
	1013	+	(2) “COMMUNITY BENEFIT AGR EEMENT” HAS THE MEANING STAT ED 19
	1014	+	IN § 7–704.1(E) OF THIS SUBTITLE. 20
1077	1015
1078		-	(3) AWARD CONTRACTS IN A TIMELY MANNER ; AND
	1016	+	(3) “SOCIAL COST OF GREENH OUSE GASES ” MEANS THE MOST 21
	1017	+	RECENT SOCIAL COST O F GREENHOUSE GASES A DOPTED BY THE U.S. 22
	1018	+	ENVIRONMENTAL PROTECTION AGENCY. 23
1079	1019
1080		-	(4) ENTER INTO A CONTRAC T OR CONTRACTS FOR T HE
1081		-	PROCUREMENT ON OR BE FORE APRIL 30, 2025.
	1020	+	(B) (1) BETWEEN JULY 31, 2024, AND APRIL 30, 2025, THE THE 24
	1021	+	DEPARTMENT OF GENERAL SERVICES, IN CONSULTATION WITH THE PUBLIC 25
	1022	+	SERVICE COMMISSION, SHALL ISSUE AN INVITATION FOR BIDS A COMPETITIVE 26
	1023	+	SEALED PROCUREMENT S OLICITATION AND MAY ENT ER INTO AT LEAST ONE 27
	1024	+	CONTRACT FOR A POWER PURCHASE AGREEMENT T O PROCURE BETWEEN 1,000,000 28
	1025	+	AND 8,000,000 UP TO 5,000,000 MEGAWATT –HOURS ANNUALLY OF OF FSHORE WIND 29
	1026	+	ENERGY AND ASSOCIATE D RENEWABLE ENERGY C REDITS FROM ONE OR M ORE 30
	1027	+	QUALIFIED OFFSHORE W IND PROJECTS. 31
1082	1028
1083		-	(E) (1) ~~SUBJECT TO PARAGRAPH (2)~~ OF ~~THIS SUBSECTION , THE STATE~~
1084		-	~~MAY ENTER INTO~~ A ~~CON TRACT OR CONTRACTS F OR THE PROCUREMENT O N OR~~
1085		-	~~BEFORE SEPTEMBER 1,~~ ~~2025.~~
	1029	+	(2) EACH AGREEMENT ENTERE D INTO UNDER PARAGRA PH (1) OF 32
	1030	+	THIS SUBSECTION SHAL L HAVE A TERM OF NOT LESS THAN 20 YEARS. 33
	1031	+	SENATE BILL 781 23
1086	1032
1087		-	(2) THE STATE MAY MODIFY THE DATE ESTABLISHED IN PARAG RAPH
1088		-	(1) OF THIS SUBSECTION I F AN UNFORESEEN CIRC UMSTANCE ADVERSELY A FFECTS
1089		-	THE PROCUREMENT SUBM ISSION PROCESS.
1090	1033
1091		-	(F) (1) WITHIN 90 DAYS AFTER THE OPERA TIONAL COMMENCEMENT
1092		-	DATE OF THE POWER PU RCHASE AGREEMENT , ANY CONTRACTOR PROVIDING
1093		-	OPERATIONS AND MAINT ENANCE SERVICES UNDE R AN AGREEMENT WITH THE
1094		-	DEPARTMENT OF GENERAL SERVICES SHALL SUBMIT TO THE DEPARTMENT
1095		-	ATTESTATION THAT THE CONTRACTOR HAS ENTER ED INTO A LABOR PEAC E
1096		-	AGREEMENT WITH EACH LABOR ORGANIZATION T HAT IS ACTIVELY ENGAGED IN
1097		-	REPRESENTING OR ATTE MPTING TO REPRESENT EMPLOYEES PERFORMING
1098		-	OPERATIONS AND MAINT ENANCE WORK ON THE P ROJECTS THAT :
	1034	+	(3) WHEN ISSUING THE INVI TATION FOR BIDS UNDE R THIS 1
	1035	+	SUBSECTION, THE DEPARTMENT SHALL TAKE INTO CONSIDERATION : 2
1099	1036
1100		-	(I) PROHIBITS STRIKES , LOCKOUTS, OR ANY OTHER ECONOMI C
1101		-	INTERFERENCE WITH TH E CONTRACTED PROJECT ;
	1037	+	(I) THE SOCIAL COST OF GREENHO USE GAS EMISSIONS ; 3
1102	1038
1103		-	(II) DESCRIBES T HE CLASS OR CLASSES OF COVERED
1104		-	EMPLOYEES TO WHOM TH E LABOR PEACE AGREEM ENT APPLIES;
	1039	+	(II) THE STATE’S CLIMATE COMMITMENT S; AND 4
1105	1040
1106		-	(III) DESCRIBES ANY CLASS OR CLASSES OF EMPLOY EES NOT
1107		-	CURRENTLY REPRESENTE D BY A LABOR ORGANIZ ATION;
1108		-	WES MOORE, Governor Ch. 95
	1041	+	(III) THE STATE’S COMMITMENTS UNDER § 7–704.1(A) OF THIS 5
	1042	+	SUBTITLE. 6
1109	1043
1110		-	– 25 –
1111		-	(IV) DESCRIBES THE CLASSE S OF COVERED EMPLOYE ES FOR
1112		-	WHICH LABOR PEACE AGREEMENT NEGO TIATIONS HAVE NOT YE T CONCLUDED ; AND
	1044	+	(4) THE EVALUATION CRITER IA FOR BIDS SHALL IN CLUDE: 7
1113	1045
1114		-	(V) FOR CLASSES OF EMPLO YEES THAT ARE NOT CO VERED BY A
1115		-	LABOR PEACE AGREEMEN T, PROVIDES AN ATTESTAT ION THAT NO LABOR
1116		-	ORGANIZATION HAS SOU GHT TO NEGOTIATE SUC H AN AGREEMENT .
	1046	+	(I) COMPARING THE SOCIAL COST OF GREENHOU SE GAS 8
	1047	+	EMISSIONS FOR OFFSHO RE WIND WITH THE SOC IAL COST OF GREENHOU SE GAS 9
	1048	+	EMISSIONS FOR NONREN EWABLE POWER PURCHAS ED FROM WHOLESALE EL ECTRIC 10
	1049	+	MARKETS ADMINISTERED BY PJM INTERCONNECTION ; AND 11
1117	1050
1118		-	(2) A LABOR PEACE AGREEMEN T REQUIRED UNDER PAR AGRAPH (1)
1119		-	OF THIS SUBSECTION S HALL BE:
	1051	+	(II) THE EXTENT TO WHICH AN APPLICANT ’S PROPOSAL 12
	1052	+	PROVIDES FOR FINANCIAL AND TECHNI CAL ASSISTANCE TO SU PPORT MONITORING 13
	1053	+	AND MITIGATION OF WI LDLIFE AND HABITAT I MPACTS ASSOCIATED WI TH THE 14
	1054	+	PROPOSED OFFSHORE WI ND PROJECT. 15
1120	1055
1121		-	(I) VALID AND ENFORCEABL E UNDER 29 U.S.C. § 158; AND
	1056	+	(5) EACH AGREEMENT ENTERE D INTO UNDER PARAGRA PH (1) OF 16
	1057	+	THIS SUBSECTION SHAL L INCLUDE: 17
1122	1058
1123		-	(II) MAINTAINED AS AN ONG OING MATERIAL CONDIT ION OF ANY
1124		-	CONTINUATION OF PAYM ENTS UNDER ANY AGREE MENT REQUIRED BY THIS
1125		-	SUBSECTION.
	1059	+	(I) A COMMUNITY BENEFIT AG REEMENT AND DOMESTIC 18
	1060	+	CONTENT PREFERENCES ; AND 19
1126	1061
1127		-	(G) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO PREVENT THE
1128		-	PROCUREMENT OF NEW O FFSHORE WIND ENERGY GENERATION IN ACCORD ANCE
1129		-	WITH THE CURRENT OR ANY FUTURE SOLICITAT ION SCHEDULE .
	1062	+	(II) A DESCRIPTION OF : 20
1130	1063
1131		-	7–704.5.
	1064	+	1. INITIAL PLANS FOR MI TIGATING THE IMPACTS OF THE 21
	1065	+	CONSTRUCTION AND OPE RATION OF THE PROPOS ED OFFSHORE WIND PRO JECT ON 22
	1066	+	FISHERIES AND THE EN VIRONMENT; AND 23
1132	1067
1133		-	(A) ON OR BEFORE DECEMBER 31, 2024, AND ON OR BEFORE EACH
1134		-	DECEMBER 31 THEREAFTER , THE COMMISSION SHALL SUBM IT A REPORT TO THE
1135		-	GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
1136		-	ARTICLE, ON THE INFORMATION C OLLECTED UNDER THE COMMISSION’S SUPPLIER
1137		-	DIVERSITY PROGRAM REGARDING OFF SHORE WIND DEVELOPERS .
	1068	+	2. THE EXTENT TO WHICH AN APPLICANT WILL PR OVIDE 24
	1069	+	FOR FINANCIAL AND TE CHNICAL ASSISTANCE T O SUPPORT THE MONITO RING AND 25
	1070	+	MITIGATION OF WILDLI FE AND HABITAT IMPAC TS ASSOCIATED WITH T HE PROJECT. 26
1138	1071
1139		-	(B) THE ~~REPORT REQUIRED U NDER SUBSECTION (A)~~ OF ~~THIS SECTION~~
1140		-	~~SHALL INCLUDE :~~
	1072	+	(C) (1) THE DEPARTMENT OF GENERAL SERVICES SHALL IDENTI FY THE 27
	1073	+	AMOUNT OF ENERGY NECE SSARY TO MEET THE STATE’S ENERGY NEEDS . 28
1141	1074
1142		-	(1) EFFORTS TO PROMOTE O PPORTUNITIES FOR SMA LL, MINORITY,
1143		-	WOMEN–OWNED, AND VETERAN –OWNED BUSINESSES ;
	1075	+	(2) (I) THE STATE SHALL USE THE E NERGY PROCURED UNDER 29
	1076	+	SUBSECTION (B) OF THIS SECTION TO M EET THE STATE’S ENERGY NEEDS AND 30
	1077	+	RETIRE THE ASSOCIATE D RENEWABLE ENERGY C REDITS TO MEET ITS O BLIGATIONS 31 24 SENATE BILL 781
1144	1078
1145		-	(2) INFORMATION ON PARTI CIPATING OFFSHORE WI ND DEVELOPERS ;
1146	1079
1147		-	(3) PARTICIPATION OF SMA LL, MINORITY, WOMEN–OWNED, AND
1148		-	VETERAN–OWNED BUSINESSES AND BUSINESSES CERTI FIED UNDER THE FEDER AL
1149		-	DISADVANTAGED BUSINESS ENTERPRISE PROGRAM IN OFFSHORE WIND PRO JECTS,
1150		-	INCLUDING:
	1080	+	UNDER THE RENEWABLE ENERGY PORTFOLIO STA NDARD AND CHAPTER 38 OF THE 1
	1081	+	ACTS OF THE GENERAL ASSEMBLY OF 2022. 2
1151	1082
1152		-	(I) THE NUMBER OF SMALL , MINORITY, WOMEN–OWNED, AND
1153		-	VETERAN–OWNED BUSINESSES AND BUSINESSES CERTI FIED UNDER THE FEDER AL Ch. 95 2023 LAWS OF MARYLAND
	1083	+	(II) THE STATE SHALL BE EXEMPT ED FROM THE RENEWABL E 3
	1084	+	ENERGY PORTFOLIO STA NDARD REQUIREMENTS U NDER § 7–703 OF THIS SUBTITLE 4
	1085	+	IF THE DEPARTMENT OF GENERAL SERVICES PROCURES 100% OF THE STATE’S 5
	1086	+	ENERGY NEEDS FROM TH E POWER PURCHASE AGR EEMENT REQUIRED UNDE R 6
	1087	+	SUBSECTION (B) OF THIS SECTION. 7
1154	1088
1155		-	– 26 –
1156		-	DISADVANTAGED BUSINESS ENTERPRISE PROGRAM THAT RECEIVE CONTRAC TS OR
1157		-	SUBCONTRACTS FOR OFF SHORE WIND PROJECTS ; AND
	1089	+	(3) THE STATE SHALL OFFER FOR SALE ANY ENERGY OR R ENEWABLE 8
	1090	+	ENERGY CREDITS REMAI NING AFTER THE REQUI REMENTS UNDER PARAGRAPH (2) 9
	1091	+	OF THIS SUBSECTION H AVE BEEN MET ON THE COMPETITIVE WHOLESAL E POWER 10
	1092	+	MARKET OPERATED BY PJM INTERCONNECTION , THROUGH BILATERAL SA LES TO 11
	1093	+	CREDIT–WORTHY COUNTERPARTIE S, OR INTO RENEWABLE EN ERGY CREDIT 12
	1094	+	MARKETS. 13
1158	1095
1159		-	(II) THE PERCENTAGE OF CO NTRACTORS AND
1160		-	SUBCONTRACTORS ON OFFSHORE WIND PRO JECTS THAT ARE SMALL , MINORITY,
1161		-	WOMEN–OWNED, OR VETERAN –OWNED BUSINESSES AND BUSINESSES CERTI FIED
1162		-	UNDER THE FEDERAL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM; AND
	1096	+	(D) THE STATE SHALL: 14
1163	1097
1164		-	(4) PLANS TO INCREASE FU TURE PARTICIPATION O F SMALL,
1165		-	MINORITY, WOMEN–OWNED, AND VETERAN –OWNED BUSINESSES AND BUSINESSES
1166		-	CERTIFIED UNDER THE FEDERAL DISADVANTAGED BUSINESS ENTERPRISE
1167		-	PROGRAM IN OFFSHORE WIND PRO JECTS.
	1098	+	(1) ISSUE A PROCUREMENT FOR OFFSHORE WIND ENERGY ON OR 15
	1099	+	BEFORE JULY 31, 2024; 16
1168	1100
1169		-	~~SECTION 2.~~ ~~AND BE IT FURTHER ENACTED,~~ ~~That it is the intent of the General~~
1170		-	~~Assembly that:~~
	1101	+	(2) PROVIDE A BIDDING PROCUREMENT SUBMISSI ON PROCESS 17
	1102	+	WINDOW OF NOT LESS T HAN 180 DAYS; AND 18
1171	1103
1172		-	(1) four Position Identification Numbers (PINs) be created in the Public
1173		-	Service Commission for full–time positions that will focus only on implementing the
1174		-	provisions of § 7–704.3 of the Public Utilities Article, as enacted by Section 1 of this Act;
1175		-	and
	1104	+	(3) AWARD CONTRACTS IN A TIMELY MANNER ; AND 19
1176	1105
1177		-	(2) notwithstanding any other provision of law, for fiscal year 2025, the
1178		-	Governor may include in the annual budget bill an appropriation of not less than
1179		-	$3,500,000 of additional funding to the budget of the Public Service Commission for the
1180		-	studies and analyses required under § 7–704.3 of the Public Utilities Article, as enacted by
1181		-	Section 1 of this Act.
	1106	+	(4) ENTER INTO A CONTRAC T OR CONTRACTS FO R THE 20
	1107	+	PROCUREMENT ON OR BE FORE APRIL 30, 2025. 21
1182	1108
1183		-	SECTION 3. AND BE IT FURTHER ENACTED, That:
	1109	+	(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE STATE 22
	1110	+	MAY ENTER INTO A CON TRACT OR CONTRACTS F OR THE PROCUREMENT O N OR 23
	1111	+	BEFORE SEPTEMBER 1, 2025. 24
1184	1112
1185		-	(a) The certification agency designated by the Board of Public Works under §
1186		-	14–303(b) of the State Finance and Procurement Article and the Governor’s Office of Small,
1187		-	Minority, and Women Business Affairs, in consultation with the Public Service Commission,
1188		-	the Maryland Department of Labor, the Office of the Attorney General, and the General
1189		-	Assembly, shall initiate a study regarding the participation of small, minority,
1190		-	women–owned, and veteran–owned businesses and businesses certified under the federal
1191		-	Disadvantaged Business Enterprise Program that receive contracts or subcontracts for
1192		-	offshore wind projects under this Act to evaluate whether the enactment of remedial
1193		-	measures to assist minority and women–owned businesses in the clean energy and offshore
1194		-	wind industries would comply with the U.S. Supreme Court decision in City of Richmond
1195		-	v. J. A. Croson Co., 488 U.S. 469, and any subsequent federal or constitutional requirements.
	1113	+	(2) THE STATE MAY MODIFY THE DATE ESTABLISHED IN PARAGRAPH 25
	1114	+	(1) OF THIS SUBSECTION I F AN UNFORESEEN CIRC UMSTANCE ADVERSELY A FFECTS 26
	1115	+	THE PROCUREMENT SUBM ISSION PROCESS. 27
1196	1116
1197		-	(b) The certification agency and the Governor’s Office of Small, Minority, and
1198		-	Women Business Affairs shall submit the findings of the study required under subsection
1199		-	(a) of this section to the Legislative Policy Committee, in accordance with § 2–1257 of the WES MOORE, Governor Ch. 95
	1117	+	(F) (1) WITHIN 90 DAYS AFTER THE OPERA TIONAL COMMENCEMENT 28
	1118	+	DATE OF THE POWER PU RCHASE AGREEMENT , ANY CONTRACTOR PROVI DING 29
	1119	+	OPERATIONS AND M AINTENANCE SERVICES UNDER AN AGREEMENT W ITH THE 30
	1120	+	DEPARTMENT OF GENERAL SERVICES SHALL SUBMIT TO THE DEPARTMENT 31
	1121	+	ATTESTATION THAT THE CONTRACTOR HAS ENTER ED INTO A LABOR PEAC E 32
	1122	+	AGREEMENT WITH EACH LABOR ORGANIZATION T HAT IS ACTIVELY ENGA GED IN 33 SENATE BILL 781 25
1200	1123
1201		-	– 27 –
1202		-	State Government Article, on or before December 31, 2025, so that the General Assembly may
1203		-	review the findings before the 2026 session.
1204	1124
1205		-	~~SECTION 3.~~ ~~AND BE IT FURTHER ENACTED,~~ ~~That this Act shall take effect June~~
1206		-	~~1, 2023.~~
	1125	+	REPRESENTING OR ATTEMPTING TO REPRES ENT EMPLOYEES PERFOR MING 1
	1126	+	OPERATIONS AND MAINT ENANCE WORK ON THE P ROJECTS THAT : 2
1207	1127
1208		-	Approved by the Governor, April 21, 2023.
	1128	+	(I) PROHIBITS STRIKES , LOCKOUTS, OR ANY OTHER ECONOMI C 3
	1129	+	INTERFERENCE WITH TH E CONTRACTED PROJECT ; 4
	1130	+
	1131	+	(II) DESCRIBES THE CLASS OR CLASSES OF COVERE D 5
	1132	+	EMPLOYEES TO WHOM TH E LABOR PEACE AGREEM ENT APPLIES; 6
	1133	+
	1134	+	(III) DESCRIBES ANY CLASS OR CLASSES OF EMPLOY EES NOT 7
	1135	+	CURRENTLY REPRESENTE D BY A LABOR ORGANIZ ATION; 8
	1136	+
	1137	+	(IV) DESCRIBES THE CLASSE S OF COVERED EMPLOYE ES FOR 9
	1138	+	WHICH LABOR PEACE AG REEMENT NEGOTIATIONS HAVE NOT YET CONCLUDE D; AND 10
	1139	+
	1140	+	(V) FOR CLASSES OF EMPLO YEES THAT ARE NOT CO VERED BY A 11
	1141	+	LABOR PEACE AGREEMEN T, PROVIDES AN ATTESTAT ION THAT NO LABOR 12
	1142	+	ORGANIZATION HAS SOU GHT TO NEGOTIATE SUC H AN AGREEMENT . 13
	1143	+
	1144	+	(2) A LABOR PEACE AGREEMEN T REQUIRED UNDER PAR AGRAPH (1) 14
	1145	+	OF THIS SUBSECTION S HALL BE: 15
	1146	+
	1147	+	(I) VALID AND ENFORCEABL E UNDER 29 U.S.C. § 158; AND 16
	1148	+
	1149	+	(II) MAINTAINED AS AN ONG OING MATERIAL CONDIT ION OF ANY 17
	1150	+	CONTINUATION OF PAYM ENTS UNDER ANY AGREE MENT REQUIRED BY THIS 18
	1151	+	SUBSECTION. 19
	1152	+
	1153	+	(G) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO PREVENT THE 20
	1154	+	PROCUREMENT OF NEW O FFSHORE WIND ENERGY GENERATION IN ACCORD ANCE 21
	1155	+	WITH THE CURRENT OR ANY FUTURE SOLICITAT ION SCHEDULE . 22
	1156	+
	1157	+	7–704.5. 23
	1158	+
	1159	+	(A) ON OR BEFORE DECEMBER 31, 2024, AND ON OR BEFORE EACH 24
	1160	+	DECEMBER 31 THEREAFTER , THE COMMISSION SHALL SUBM IT A REPORT TO THE 25
	1161	+	GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 26
	1162	+	ARTICLE, ON THE INFORMATION C OLLECTED UNDER THE COMMISSION’S SUPPLIER 27
	1163	+	DIVERSITY PROGRAM REGARDING OFF SHORE WIND DEVELOPERS . 28
	1164	+
	1165	+	(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 29
	1166	+	SHALL INCLUDE : 30
	1167	+	26 SENATE BILL 781
	1168	+
	1169	+
	1170	+	(1) EFFORTS TO PROMOTE O PPORTUNITIES FOR SMA LL, MINORITY, 1
	1171	+	WOMEN–OWNED, AND VETERAN –OWNED BUSINESSES ; 2
	1172	+
	1173	+	(2) INFORMATION ON PARTI CIPATING OFFSHORE WI ND DEVELOPERS ; 3
	1174	+
	1175	+	(3) PARTICIPATION OF SMA LL, MINORITY, WOMEN–OWNED, AND 4
	1176	+	VETERAN–OWNED BUSINESSES AND BUSINESSES CERTI FIED UNDER THE FEDER AL 5
	1177	+	DISADVANTAGED BUSINESS ENTERPRISE PROGRAM IN OFFSHORE WIND PRO JECTS, 6
	1178	+	INCLUDING: 7
	1179	+
	1180	+	(I) THE NUMBER OF SMALL , MINORITY, WOMEN–OWNED, AND 8
	1181	+	VETERAN–OWNED BUSINESSES AND BUSINESSES CERTI FIED UNDER THE FEDER AL 9
	1182	+	DISADVANTAGED BUSINESS ENTERPRISE PROGRAM THAT RECEIVE CONTRAC TS OR 10
	1183	+	SUBCONTRACTS FOR OFF SHORE WIND PROJECTS ; AND 11
	1184	+
	1185	+	(II) THE PERCENTAGE OF CO NTRACTORS AND 12
	1186	+	SUBCONTRACTORS ON OFFSHORE WIND PRO JECTS THAT ARE SMALL , MINORITY, 13
	1187	+	WOMEN–OWNED, OR VETERAN –OWNED BUSINESSES AND BUSINESSES CERTI FIED 14
	1188	+	UNDER THE FEDERAL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM; AND 15
	1189	+
	1190	+	(4) PLANS TO INCREASE FU TURE PARTICIPATION O F SMALL, 16
	1191	+	MINORITY, WOMEN–OWNED, AND VETERAN –OWNED BUSINESSES AND BUSINESSES 17
	1192	+	CERTIFIED UNDER THE FEDERAL DISADVANTAGED BUSINESS ENTERPRISE 18
	1193	+	PROGRAM IN OFFSHORE WIND PRO JECTS. 19
	1194	+
	1195	+	SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 20
	1196	+	Assembly that: 21
	1197	+
	1198	+	(1) four Position Identification Numbers (PINs) be created in the Public 22
	1199	+	Service Commission for full–time positions that will focus only on implementing the 23
	1200	+	provisions of § 7–704.3 of the Public Utilities Article, as enacted by Section 1 of this Act; 24
	1201	+	and 25
	1202	+
	1203	+	(2) notwithstanding any other provision of law, for fiscal year 2025, the 26
	1204	+	Governor may include in the annual budget bill an appropriation of not less than 27
	1205	+	$3,500,000 of additional funding to the budget of the Public Service Commission for the 28
	1206	+	studies and analyses required under § 7–704.3 of the Public Utilities Article, as enacted by 29
	1207	+	Section 1 of this Act. 30
	1208	+
	1209	+	SECTION 3. AND BE IT FURTHER ENACTED, That: 31
	1210	+
	1211	+	(a) The certification agency designated by the Board of Public Works under § 32
	1212	+	14–303(b) of the State Finance and Procurement Article and the Governor’s Office of Small, 33
	1213	+	Minority, and Women Business Affairs, in consultation with the Public Service Commission, 34
	1214	+	the Maryland Department of Labor, the Office of the Attorney General, and the General 35 SENATE BILL 781 27
	1215	+
	1216	+
	1217	+	Assembly, shall initiate a study regarding the participation of small, minority, 1
	1218	+	women–owned, and veteran–owned businesses and businesses certified under the federal 2
	1219	+	Disadvantaged Business Enterprise Program that receive contracts or subcontracts for 3
	1220	+	offshore wind projects under this Act to evaluate whether the enactment of remedial 4
	1221	+	measures to assist minority and women–owned businesses in the clean energy and offshore 5
	1222	+	wind industries would comply with the U.S. Supreme Court decision in City of Richmond 6
	1223	+	v. J. A. Croson Co., 488 U.S. 469, and any subsequent federal or constitutional requirements. 7
	1224	+
	1225	+	(b) The certification agency and the Governor’s Office of Small, Minority, and 8
	1226	+	Women Business Affairs shall submit the findings of the study required under subsection 9
	1227	+	(a) of this section to the Legislative Policy Committee, in accordance with § 2–1257 of the 10
	1228	+	State Government Article, on or before December 31, 2025, so that the General Assembly may 11
	1229	+	review the findings before the 2026 session. 12
	1230	+
	1231	+	SECTION 3. AND BE IT FURTHER ENACTED, Th at this Act shall take effect June 13
	1232	+	1, 2023. 14
	1233	+
	1234	+
	1235	+
	1236	+
	1237	+	Approved:
	1238	+	________________________________________________________________________________
	1239	+	Governor.
	1240	+	________________________________________________________________________________
	1241	+	President of the Senate.
	1242	+	________________________________________________________________________________
	1243	+	Speaker of the House of Delegates.