| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0931* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 931 | |
| 11 | 8 | C5 3lr3073 | |
| 12 | 9 | CF HB 1188 | |
| 13 | 10 | By: Senator Hester | |
| 14 | 11 | Introduced and read first time: February 16, 2023 | |
| 15 | 12 | Assigned to: Rules | |
| 16 | - | Re–referred to: Education, Energy, and the Environment, February 24, 2023 | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: March 24, 2023 | |
| 20 | 13 | ||
| 21 | - | ||
| 14 | + | A BILL ENTITLED | |
| 22 | 15 | ||
| 23 | 16 | AN ACT concerning 1 | |
| 24 | 17 | ||
| 25 | 18 | Public Utilities – Certificate of Public Convenience and Necessity – Solar 2 | |
| 26 | - | Photovoltaic Systems | |
| 19 | + | Photovoltaic Systems 3 | |
| 27 | 20 | ||
| 28 | 21 | FOR the purpose of defining “generating station” as it relates to the requirement to obtain 4 | |
| 29 | 22 | a certificate of public convenience and necessity or approval from the Public Service 5 | |
| 30 | 23 | Commission for a person who constructs a generating station that has the capacity 6 | |
| 31 | - | to produce a certain amount of electricity from a solar photovoltaic system; requiring 7 | |
| 32 | - | an electric company to provide meter aggregation for certain eligible 8 | |
| 33 | - | customer–generators under certain circumstances; and generally relating to the 9 | |
| 34 | - | requirement to obtain a certificate certificates of public convenience and necessity 10 | |
| 35 | - | and meter aggregation. 11 | |
| 24 | + | to produce a certain amount of electricity from a solar photovoltaic system; and 7 | |
| 25 | + | generally relating to the requirement to obtain a certificate of public convenience 8 | |
| 26 | + | and necessity. 9 | |
| 36 | 27 | ||
| 37 | - | BY repealing and reenacting, with amendments, | |
| 38 | - | Article – Public Utilities | |
| 39 | - | Section 7–207(a), 7–207.1, and 7–207.2 | |
| 40 | - | Annotated Code of Maryland | |
| 41 | - | (2020 Replacement Volume and 2022 Supplement) | |
| 28 | + | BY repealing and reenacting, with amendments, 10 | |
| 29 | + | Article – Public Utilities 11 | |
| 30 | + | Section 7–207(a), 7–207.1, and 7–207.2 12 | |
| 31 | + | Annotated Code of Maryland 13 | |
| 32 | + | (2020 Replacement Volume and 2022 Supplement) 14 | |
| 42 | 33 | ||
| 43 | - | BY adding to 17 | |
| 44 | - | Article – Public Utilities 18 | |
| 45 | - | Section 7–306.3 19 | |
| 46 | - | Annotated Code of Maryland 20 | |
| 47 | - | (2020 Replacement Volume and 2022 Supplement) 21 | |
| 34 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
| 35 | + | That the Laws of Maryland read as follows: 16 | |
| 36 | + | ||
| 37 | + | Article – Public Utilities 17 | |
| 38 | + | ||
| 39 | + | 7–207. 18 | |
| 40 | + | ||
| 41 | + | (a) (1) In this section the following words have the meanings indicated. 19 | |
| 42 | + | ||
| 43 | + | (2) “Brownfields site” means: 20 | |
| 44 | + | ||
| 45 | + | (i) a former industrial or commercial site identified by federal or 21 | |
| 46 | + | State laws or regulation as contaminated or polluted; 22 | |
| 48 | 47 | 2 SENATE BILL 931 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | | |
| 52 | - | ||
| 50 | + | (ii) a closed landfill regulated by the Department of the 1 | |
| 51 | + | Environment; or 2 | |
| 53 | 52 | ||
| 54 | - | ||
| 53 | + | (iii) mined land. 3 | |
| 55 | 54 | ||
| 56 | - | ||
| 55 | + | (3) (i) “Construction” means: 4 | |
| 57 | 56 | ||
| 58 | - | (a) (1) In this section the following words have the meanings indicated. 5 | |
| 57 | + | 1. any physical change at a site, including fabrication, 5 | |
| 58 | + | erection, installation, or demolition; or 6 | |
| 59 | 59 | ||
| 60 | - | (2) “Brownfields site” means: 6 | |
| 60 | + | 2. the entry into a binding agreement or contractual 7 | |
| 61 | + | obligation to purchase equipment exclusively for use in construction in the State or to 8 | |
| 62 | + | undertake a program of actual construction in the State which cannot be canceled or 9 | |
| 63 | + | modified without substantial loss to the owner or operator of the proposed generating 10 | |
| 64 | + | station. 11 | |
| 61 | 65 | ||
| 62 | - | (i) a former industrial or commercial site identified by federal or 7 | |
| 63 | - | State laws or regulation as contaminated or polluted; 8 | |
| 66 | + | (ii) “Construction” does not include a change that is needed for the 12 | |
| 67 | + | temporary use of a site or route for nonutility purposes or for use in securing geological 13 | |
| 68 | + | data, including any boring that is necessary to ascertain foundation conditions. 14 | |
| 64 | 69 | ||
| 65 | - | (ii) a closed landfill regulated by the Department of the 9 | |
| 66 | - | Environment; or 10 | |
| 70 | + | (4) “GENERATING STATION ” DOES NOT INCLUDE : 15 | |
| 67 | 71 | ||
| 68 | - | ( | |
| 72 | + | (I) A GENERATING UNIT OR FACILITY THAT: 16 | |
| 69 | 73 | ||
| 70 | - | | |
| 74 | + | 1. IS USED FOR THE PROD UCTION OF ELECTRICIT Y; 17 | |
| 71 | 75 | ||
| 72 | - | | |
| 73 | - | ||
| 76 | + | 2. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 18 | |
| 77 | + | MEGAWATTS OF ALTERNA TING CURRENT ; AND 19 | |
| 74 | 78 | ||
| 75 | - | 2. the entry into a binding agreement or contractual 15 | |
| 76 | - | obligation to purchase equipment exclusively for use in construction in the State or to 16 | |
| 77 | - | undertake a program of actual construction in the State which cannot be canceled or 17 | |
| 78 | - | modified without substantial loss to the owner or operator of the proposed generating 18 | |
| 79 | - | station. 19 | |
| 79 | + | 3. IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE 20 | |
| 80 | + | FLOW OF ELECTRICITY TO THE ELECTRIC GRID DURING TIME PERIODS WHEN THE 21 | |
| 81 | + | ELECTRIC GRID IS OUT OF SERVICE; OR 22 | |
| 80 | 82 | ||
| 81 | - | (ii) “Construction” does not include a change that is needed for the 20 | |
| 82 | - | temporary use of a site or route for nonutility purposes or for use in securing geological 21 | |
| 83 | - | data, including any boring that is necessary to ascertain foundation conditions. 22 | |
| 83 | + | (II) A COMBINATION OF TWO OR MORE GENERATING U NITS OR 23 | |
| 84 | + | FACILITIES THAT: 24 | |
| 84 | 85 | ||
| 85 | - | | |
| 86 | + | 1. ARE USED FOR THE PRO DUCTION OF ELECTRICI TY; 25 | |
| 86 | 87 | ||
| 87 | - | (I) A GENERATING UNIT OR FACILITY THAT: 24 | |
| 88 | + | 2. ARE LOCATED ON THE S AME PROPERTY OR ADJA CENT 26 | |
| 89 | + | PROPERTIES; 27 | |
| 88 | 90 | ||
| 89 | - | 1. IS USED FOR THE PROD UCTION OF ELECTRICIT Y; 25 | |
| 90 | - | ||
| 91 | - | 2. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 26 | |
| 92 | - | MEGAWATTS OF ALTERNA TING CURRENT ; AND 27 | |
| 93 | - | ||
| 94 | - | 3. IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE 28 | |
| 95 | - | FLOW OF ELECTRICITY TO THE ELECTRIC GRID DURING TIME PERIODS WHEN THE 29 | |
| 96 | - | ELECTRIC GRID IS OUT OF SERVICE; OR 30 SENATE BILL 931 3 | |
| 91 | + | 3. HAVE THE CAPACITY TO PRODUCE, WHEN 28 | |
| 92 | + | CALCULATED CUMULATIV ELY FOR ALL GENERATI NG UNITS OR FACILITI ES ON THE 29 | |
| 93 | + | PROPERTY OR ADJACENT PROPERTY, MORE THAN 2 MEGAWATTS OF ALTERNA TING 30 | |
| 94 | + | CURRENT; AND 31 SENATE BILL 931 3 | |
| 97 | 95 | ||
| 98 | 96 | ||
| 99 | 97 | ||
| 100 | - | | |
| 101 | - | ||
| 98 | + | 4. FOR EACH INDIVIDUAL GENERATING UNIT OR 1 | |
| 99 | + | FACILITY: 2 | |
| 102 | 100 | ||
| 103 | - | 1. ARE USED FOR THE PRO DUCTION OF ELECTRICI TY 3 | |
| 104 | - | FROM A SOLAR PHOTOVO LTAIC SYSTEM OR AN E LIGIBLE CUSTOMER –GENERATOR 4 | |
| 105 | - | THAT IS SUBJECT TO T HE PROVISIONS OF § 7–306 OF THIS TITLE; 5 | |
| 101 | + | A. HAS THE CAPACITY TO PRODUCE NOT MORE THAN 2 3 | |
| 102 | + | MEGAWATTS OF ALTERNATIN G CURRENT; 4 | |
| 106 | 103 | ||
| 107 | - | | |
| 108 | - | ||
| 104 | + | B. IS SEPARATELY METERE D BY THE ELECTRIC 5 | |
| 105 | + | COMPANY; AND 6 | |
| 109 | 106 | ||
| 110 | - | 3. HAVE THE CAPACITY TO PRODUCE, WHEN 8 | |
| 111 | - | CALCULATED CUMULATIV ELY FOR ALL GENERATI NG UNITS OR FACILITI ES ON THE 9 | |
| 112 | - | PROPERTY OR ADJACENT PROPERTY, MORE THAN 2 MEGAWATTS BUT NOT MORE 10 | |
| 113 | - | THAN 14 MEGAWATTS OF ALTERNATING CURRE NT; AND 11 | |
| 107 | + | C. DOES NOT E XPORT ELECTRICITY FOR SALE ON THE 7 | |
| 108 | + | WHOLESALE MARKET UND ER AN AGREEMENT WITH PJM INTERCONNECTION , LLC. 8 | |
| 114 | 109 | ||
| 115 | - | 4 | |
| 116 | - | ||
| 110 | + | [(4)] (5) (i) “Mined land” means the surface or subsurface of an area 9 | |
| 111 | + | in which surface mining operations will be, are being, or have been conducted. 10 | |
| 117 | 112 | ||
| 118 | - | A. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 14 | |
| 119 | - | MEGAWATTS OF ALTERNA TING CURRENT ; 15 | |
| 113 | + | (ii) “Mined land” includes: 11 | |
| 120 | 114 | ||
| 121 | - | | |
| 122 | - | ||
| 115 | + | 1. private ways and roads used for mining appurtenant to 12 | |
| 116 | + | any surface mining area; 13 | |
| 123 | 117 | ||
| 124 | - | C. DOES NOT EXPORT ELEC TRICITY FOR SALE ON THE 18 | |
| 125 | - | WHOLESALE MARKET UND ER AN AGREEMENT WITH PJM INTERCONNECTION , LLC. 19 | |
| 118 | + | 2. land excavations; 14 | |
| 126 | 119 | ||
| 127 | - | [(4)] (5) (i) “Mined land” means the surface or subsurface of an area 20 | |
| 128 | - | in which surface mining operations will be, are being, or have been conducted. 21 | |
| 120 | + | 3. workings; and 15 | |
| 129 | 121 | ||
| 130 | - | | |
| 122 | + | 4. overburden. 16 | |
| 131 | 123 | ||
| 132 | - | 1. private ways and roads used for mining appurtenant to 23 | |
| 133 | - | any surface mining area; 24 | |
| 124 | + | [(5)] (6) “Qualified generator lead line” means an overhead transmission 17 | |
| 125 | + | line that is designed to carry a voltage in excess of 69,000 volts and would allow an 18 | |
| 126 | + | out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric 19 | |
| 127 | + | system in Maryland that is owned by an electric company. 20 | |
| 134 | 128 | ||
| 135 | - | ||
| 129 | + | 7–207.1. 21 | |
| 136 | 130 | ||
| 137 | - | | |
| 131 | + | (A) IN THIS SECTION, “GENERATING STATION ” DOES NOT INCLUDE : 22 | |
| 138 | 132 | ||
| 139 | - | | |
| 133 | + | (1) A GENERATING UNIT OR FACILITY THAT: 23 | |
| 140 | 134 | ||
| 141 | - | [(5)] (6) “Qualified generator lead line” means an overhead transmission 28 | |
| 142 | - | line that is designed to carry a voltage in excess of 69,000 volts and would allow an 29 4 SENATE BILL 931 | |
| 135 | + | (I) IS USED FOR THE PROD UCTION OF ELECTRICIT Y; 24 | |
| 136 | + | ||
| 137 | + | (II) HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 25 | |
| 138 | + | MEGAWATTS OF ALTERNA TING CURRENT ; AND 26 | |
| 139 | + | ||
| 140 | + | (III) IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE FLOW 27 | |
| 141 | + | OF ELECTRICITY TO TH E ELECTRIC GRID DURI NG TIME PERIODS WHEN THE 28 4 SENATE BILL 931 | |
| 143 | 142 | ||
| 144 | 143 | ||
| 145 | - | out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric 1 | |
| 146 | - | system in Maryland that is owned by an electric company. 2 | |
| 144 | + | ELECTRIC GRID IS OUT OF SERVICE; OR 1 | |
| 147 | 145 | ||
| 148 | - | 7–207.1. 3 | |
| 146 | + | (2) A COMBINATION OF TWO OR MORE GENERATING U NITS OR 2 | |
| 147 | + | FACILITIES THAT: 3 | |
| 149 | 148 | ||
| 150 | - | ( | |
| 149 | + | (I) ARE USED FOR THE PRO DUCTION OF ELECTRICI TY; 4 | |
| 151 | 150 | ||
| 152 | - | (1) A GENERATING UNIT OR FACILITY THAT: 5 | |
| 151 | + | (II) ARE LOCATED ON THE S AME PROPERTY OR ADJA CENT 5 | |
| 152 | + | PROPERTIES; 6 | |
| 153 | 153 | ||
| 154 | - | (I) IS USED FOR THE PROD UCTION OF ELECTRICIT Y; 6 | |
| 154 | + | (III) HAVE THE CAPACITY TO PRODUCE , WHEN CALCULATED 7 | |
| 155 | + | CUMULATIVELY FOR ALL GENERATING UNITS OR FACILITIES ON THE PR OPERTY OR 8 | |
| 156 | + | ADJACENT PROPERTY , MORE THAN 2 MEGAWATTS OF ALTERNA TING CURRENT ; AND 9 | |
| 155 | 157 | ||
| 156 | - | (II) HAS THE CAPACITY TO PRODUCE NOT MORE THAN 2 7 | |
| 157 | - | MEGAWATTS OF ALTERNA TING CURRENT ; AND 8 | |
| 158 | + | (IV) FOR EACH INDIVIDUAL GENE RATING UNIT OR FACIL ITY: 10 | |
| 158 | 159 | ||
| 159 | - | (III) IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE FLOW 9 | |
| 160 | - | OF ELECTRICITY TO TH E ELECTRIC GRID DURI NG TIME PERIODS WHEN THE 10 | |
| 161 | - | ELECTRIC GRID IS OUT OF SERVICE; OR 11 | |
| 160 | + | 1. HAS THE CAPACITY TO PRODUCE NOT MORE THAN 2 11 | |
| 161 | + | MEGAWATTS OF ALTERNA TING CURRENT ; 12 | |
| 162 | 162 | ||
| 163 | - | | |
| 164 | - | ||
| 163 | + | 2. IS SEPARATELY METERE D BY THE ELECTRIC 13 | |
| 164 | + | COMPANY; AND 14 | |
| 165 | 165 | ||
| 166 | - | (I) ARE USED FOR THE PRO DUCTION OF ELECTRICI TY FROM A 14 | |
| 167 | - | SOLAR PHOTOVOLTAIC S YSTEM OR AN ELIGIBLE CUSTOMER–GENERATOR THAT IS 15 | |
| 168 | - | SUBJECT TO THE PROVI SIONS OF § 7–306 OF THIS TITLE; 16 | |
| 166 | + | 3. DOES NOT EXPORT ELEC TRICITY FOR SALE ON THE 15 | |
| 167 | + | WHOLESALE MARKET UND ER AN AGREEMENT WITH PJM INTERCONNECTION , LLC. 16 | |
| 169 | 168 | ||
| 170 | - | (II) ARE LOCATED ON THE S AME PROPERTY OR ADJA CENT 17 | |
| 171 | - | PROPERTIES; 18 | |
| 169 | + | [(a)] (B) This section applies to a person who: 17 | |
| 172 | 170 | ||
| 173 | - | (III) HAVE THE CAPACITY TO PRODUCE, WHEN CALCULATED 19 | |
| 174 | - | CUMULATIVELY FOR ALL GENERATING UNITS OR FACILITIES ON THE PR OPERTY OR 20 | |
| 175 | - | ADJACENT PROPERTY , MORE THAN 2 MEGAWATTS BUT NOT MORE THAN 14 21 | |
| 176 | - | MEGAWATTS OF ALTERNATING CURRE NT; AND 22 | |
| 171 | + | (1) constructs a generating station: 18 | |
| 177 | 172 | ||
| 178 | - | ( | |
| 173 | + | (i) designed to provide on–site generated electricity if: 19 | |
| 179 | 174 | ||
| 180 | - | 1. | |
| 181 | - | MEGAWATTS | |
| 175 | + | 1. the capacity of the generating station does not exceed 70 20 | |
| 176 | + | megawatts; and 21 | |
| 182 | 177 | ||
| 183 | - | 2. IS SEPARATELY METERE D BY THE ELECTRIC 26 | |
| 184 | - | COMPANY; AND 27 | |
| 178 | + | 2. the electricity that may be exported for sale from the 22 | |
| 179 | + | generating station to the electric system is sold only on the wholesale market pursuant to 23 | |
| 180 | + | an interconnection, operation, and maintenance agreement with the local electric company; 24 | |
| 181 | + | or 25 | |
| 185 | 182 | ||
| 186 | - | 3. DOES NOT EXPORT ELEC TRICITY FOR SALE ON THE 28 | |
| 187 | - | WHOLESALE MARKET UNDER AN AGREEMENT W ITH PJM INTERCONNECTION , LLC. 29 | |
| 183 | + | (ii) that produces electricity from wind if: 26 | |
| 188 | 184 | ||
| 189 | - | [(a)] (B) This section applies to a person who: 30 SENATE BILL 931 5 | |
| 185 | + | 1. the generating station is land–based; 27 | |
| 186 | + | ||
| 187 | + | 2. the capacity of the generating station does not exceed 70 28 | |
| 188 | + | megawatts; 29 SENATE BILL 931 5 | |
| 190 | 189 | ||
| 191 | 190 | ||
| 192 | 191 | ||
| 193 | - | (1) constructs a generating station: 1 | |
| 192 | + | 3. the electricity that may be exported for sale from the 1 | |
| 193 | + | generating station to the electric system is sold only on the wholesale market pursuant to 2 | |
| 194 | + | an interconnection, operation, and maintenance agreement with the local electric company; 3 | |
| 194 | 195 | ||
| 195 | - | (i) designed to provide on–site generated electricity if: 2 | |
| 196 | + | 4. the Commission provides an opportunity for public 4 | |
| 197 | + | comment at a public hearing as provided in subsection [(f)] (G) of this section; and 5 | |
| 196 | 198 | ||
| 197 | - | 1. the capacity of the generating station does not exceed 70 3 | |
| 198 | - | megawatts; and 4 | |
| 199 | + | 5. the generating station’s wind turbines are not located 6 | |
| 200 | + | within a distance from the Patuxent River Naval Air Station that is determined by 7 | |
| 201 | + | regulations adopted by the Commission in coordination with the Commander, Naval Air 8 | |
| 202 | + | Warfare Center Aircraft Division, provided that the distance requirement under the 9 | |
| 203 | + | regulation is: 10 | |
| 199 | 204 | ||
| 200 | - | 2. the electricity that may be exported for sale from the 5 | |
| 201 | - | generating station to the electric system is sold only on the wholesale market pursuant to 6 | |
| 202 | - | an interconnection, operation, and maintenance agreement with the local electric company; 7 | |
| 203 | - | or 8 | |
| 205 | + | A. not greater than is necessary to encompass an area in 11 | |
| 206 | + | which utility scale wind turbines could create Doppler radar interference for missions at 12 | |
| 207 | + | the Patuxent River Naval Air Station; 13 | |
| 204 | 208 | ||
| 205 | - | (ii) that produces electricity from wind if: 9 | |
| 209 | + | B. not greater than 46 miles, measured from location 14 | |
| 210 | + | 38.29667N, 76.37668W; and 15 | |
| 206 | 211 | ||
| 207 | - | 1. the generating station is land–based; 10 | |
| 212 | + | C. subject to modification if necessary to reflect changes in 16 | |
| 213 | + | missions or technology at the Patuxent River Naval Air Station or changes in wind energy 17 | |
| 214 | + | technology; or 18 | |
| 208 | 215 | ||
| 209 | - | 2. the capacity of the generating station does not exceed 70 11 | |
| 210 | - | megawatts; 12 | |
| 216 | + | (2) constructs a generating station if: 19 | |
| 211 | 217 | ||
| 212 | - | 3. the electricity that may be exported for sale from the 13 | |
| 213 | - | generating station to the electric system is sold only on the wholesale market pursuant to 14 | |
| 214 | - | an interconnection, operation, and maintenance agreement with the local electric company; 15 | |
| 218 | + | (i) the capacity of the generating station does not exceed 25 20 | |
| 219 | + | megawatts; 21 | |
| 215 | 220 | ||
| 216 | - | 4. the Commission provides an opportunity for public 16 | |
| 217 | - | comment at a public hearing as provided in subsection [(f)] (G) of this section; and 17 | |
| 221 | + | (ii) the electricity that may be exported for sale from the generating 22 | |
| 222 | + | station to the electric system is sold only on the wholesale market pursuant to an 23 | |
| 223 | + | interconnection, operation, and maintenance agreement with the local electric company; 24 | |
| 224 | + | and 25 | |
| 218 | 225 | ||
| 219 | - | 5. the generating station’s wind turbines are not located 18 | |
| 220 | - | within a distance from the Patuxent River Naval Air Station that is determined by 19 | |
| 221 | - | regulations adopted by the Commission in coordination with the Commander, Naval Air 20 | |
| 222 | - | Warfare Center Aircraft Division, provided that the distance requirement under the 21 | |
| 223 | - | regulation is: 22 | |
| 226 | + | (iii) at least 10% of the electricity generated at the generating station 26 | |
| 227 | + | each year is consumed on–site. 27 | |
| 224 | 228 | ||
| 225 | - | A. not greater than is necessary to encompass an area in 23 | |
| 226 | - | which utility scale wind turbines could create Doppler radar interference for missions at 24 | |
| 227 | - | the Patuxent River Naval Air Station; 25 | |
| 229 | + | [(b)] (C) (1) The Commission shall require a person that is exempted from 28 | |
| 230 | + | the requirement to obtain a certificate of public convenience and necessity to obtain 29 | |
| 231 | + | approval from the Commission under this section before the person may construct a 30 | |
| 232 | + | generating station described in subsection [(a)] (B) of this section. 31 | |
| 228 | 233 | ||
| 229 | - | B. not greater than 46 miles, measured from location 26 | |
| 230 | - | 38.29667N, 76.37668W; and 27 | |
| 234 | + | (2) An application for approval under this section shall: 32 | |
| 231 | 235 | ||
| 232 | - | C. subject to modification if necessary to reflect changes in 28 | |
| 233 | - | missions or technology at the Patuxent River Naval Air Station or changes in wind energy 29 | |
| 234 | - | technology; or 30 | |
| 235 | - | ||
| 236 | - | (2) constructs a generating station if: 31 | |
| 237 | - | 6 SENATE BILL 931 | |
| 238 | - | ||
| 239 | - | ||
| 240 | - | (i) the capacity of the generating station does not exceed 25 1 | |
| 241 | - | megawatts; 2 | |
| 242 | - | ||
| 243 | - | (ii) the electricity that may be exported for sale from the generating 3 | |
| 244 | - | station to the electric system is sold only on the wholesale market pursuant to an 4 | |
| 245 | - | interconnection, operation, and maintenance agreement with the local electric company; 5 | |
| 246 | - | and 6 | |
| 247 | - | ||
| 248 | - | (iii) at least 10% of the electricity generated at the generating station 7 | |
| 249 | - | each year is consumed on–site. 8 | |
| 250 | - | ||
| 251 | - | [(b)] (C) (1) The Commission shall require a person that is exempted from 9 | |
| 252 | - | the requirement to obtain a certificate of public convenience and necessity to obtain 10 | |
| 253 | - | approval from the Commission under this section before the person may construct a 11 | |
| 254 | - | generating station described in subsection [(a)] (B) of this section. 12 | |
| 255 | - | ||
| 256 | - | (2) An application for approval under this section shall: 13 | |
| 257 | - | ||
| 258 | - | (i) be made to the Commission in writing on a form adopted by the 14 | |
| 259 | - | Commission; 15 | |
| 260 | - | ||
| 261 | - | (ii) be verified by oath or affirmation; and 16 | |
| 262 | - | ||
| 263 | - | (iii) contain information that the Commission requires, including: 17 | |
| 264 | - | ||
| 265 | - | 1. proof of compliance with all applicable requirements of the 18 | |
| 266 | - | independent system operator; and 19 | |
| 267 | - | ||
| 268 | - | 2. a copy of an interconnection, operation, and maintenance 20 | |
| 269 | - | agreement between the generating station and the local electric company. 21 | |
| 270 | - | ||
| 271 | - | [(c)] (D) On receipt of an application for approval under this section, the 22 | |
| 272 | - | Commission shall provide notice immediately or require the applicant to provide notice 23 | |
| 273 | - | immediately of the application to: 24 | |
| 274 | - | ||
| 275 | - | (1) the governing body of each county or municipal corporation in which 25 | |
| 276 | - | any portion of the generating station is proposed to be constructed; 26 | |
| 277 | - | ||
| 278 | - | (2) the governing body of each county or municipal corporation within 1 27 | |
| 279 | - | mile of the proposed location of the generating station; 28 | |
| 280 | - | ||
| 281 | - | (3) each member of the General Assembly representing any part of a county 29 | |
| 282 | - | in which any portion of the generating station is proposed to be constructed; and 30 | |
| 283 | - | ||
| 284 | - | (4) each member of the General Assembly representing any part of each 31 | |
| 285 | - | county within 1 mile of the proposed location of the generating station. 32 | |
| 286 | - | SENATE BILL 931 7 | |
| 287 | - | ||
| 288 | - | ||
| 289 | - | [(d)] (E) When reviewing an application for approval under this section, the 1 | |
| 290 | - | Commission shall: 2 | |
| 291 | - | ||
| 292 | - | (1) ensure the safety and reliability of the electric system; 3 | |
| 293 | - | ||
| 294 | - | (2) require the person constructing the generating station to notify the 4 | |
| 295 | - | Commission 2 weeks before the first export of electricity from a generating station approved 5 | |
| 296 | - | under this section; and 6 | |
| 297 | - | ||
| 298 | - | (3) conduct its review and approval in an expeditious manner. 7 | |
| 299 | - | ||
| 300 | - | [(e)] (F) Except for the notice required under subsection [(c)] (D) of this section, 8 | |
| 301 | - | the Commission may waive an element of the approval process under this section if the 9 | |
| 302 | - | Commission determines that the waiver is in the public interest. 10 | |
| 303 | - | ||
| 304 | - | [(f)] (G) (1) The Commission shall provide an opportunity for public 11 | |
| 305 | - | comment and hold a public hearing as provided under this subsection on an application for 12 | |
| 306 | - | approval made under subsection [(a)(1)(ii)] (B)(1)(II) of this section in each county and 13 | |
| 307 | - | municipal corporation in which any portion of the construction of a generating station is 14 | |
| 308 | - | proposed to be located. 15 | |
| 309 | - | ||
| 310 | - | (2) Upon the request of the governing body of a county or municipal 16 | |
| 311 | - | corporation in which any portion of the construction of a generating station is proposed to 17 | |
| 312 | - | be located, the Commission shall hold the public hearing jointly with the governing body. 18 | |
| 313 | - | ||
| 314 | - | (3) Once in each of 2 successive weeks immediately before the hearing date, 19 | |
| 315 | - | the Commission, at the expense of the applicant, shall provide weekly notice of the public 20 | |
| 316 | - | hearing and opportunity for public comment by advertisement in a newspaper of general 21 | |
| 317 | - | circulation in the county or municipal corporation affected by the application. 22 | |
| 318 | - | ||
| 319 | - | 7–207.2. 23 | |
| 320 | - | ||
| 321 | - | (A) IN THIS SECTION, “GENERATING STATION ” DOES NOT INCLUDE : 24 | |
| 322 | - | ||
| 323 | - | (1) A GENERATING UNIT OR FACILITY THAT: 25 | |
| 324 | - | ||
| 325 | - | (I) IS USED FOR THE PROD UCTION OF ELECTRICIT Y; 26 | |
| 326 | - | ||
| 327 | - | (II) HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 27 | |
| 328 | - | MEGAWATTS OF ALTERNA TING CURRENT ; AND 28 | |
| 329 | - | ||
| 330 | - | (III) IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE FLOW 29 | |
| 331 | - | OF ELECTRICITY TO THE E LECTRIC GRID DURING TIME PERIODS WHEN TH E 30 | |
| 332 | - | ELECTRIC GRID IS OUT OF SERVICE; OR 31 | |
| 333 | - | 8 SENATE BILL 931 | |
| 334 | - | ||
| 335 | - | ||
| 336 | - | (2) A COMBINATION OF TWO OR MORE GENERATING U NITS OR 1 | |
| 337 | - | FACILITIES THAT: 2 | |
| 338 | - | ||
| 339 | - | (I) ARE USED FOR THE PRO DUCTION OF ELECTRICI TY FROM A 3 | |
| 340 | - | SOLAR PHOTOVOLTAIC S YSTEM OR AN ELIGIBLE CUSTOM ER–GENERATOR THAT IS 4 | |
| 341 | - | SUBJECT TO THE PROVI SIONS OF § 7–306 OF THIS TITLE; 5 | |
| 342 | - | ||
| 343 | - | (II) ARE LOCATED ON THE S AME PROPERTY OR ADJA CENT 6 | |
| 344 | - | PROPERTIES; 7 | |
| 345 | - | ||
| 346 | - | (III) HAVE THE CAPACITY TO PRODUCE, WHEN CALCULATED 8 | |
| 347 | - | CUMULATIVELY FOR ALL GENERATING UNITS OR FACILITIES ON THE PR OPERTY OR 9 | |
| 348 | - | ADJACENT PROPERTY , MORE THAN 2 MEGAWATTS BUT NOT MORE THAN 14 10 | |
| 349 | - | MEGAWATTS OF ALTERNATING CURRE NT; AND 11 | |
| 350 | - | ||
| 351 | - | (IV) FOR EACH INDIVIDUAL GENERATING UNIT OR F ACILITY: 12 | |
| 352 | - | ||
| 353 | - | 1. HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 13 | |
| 354 | - | MEGAWATTS OF ALTERNATING CURRENT ; 14 | |
| 355 | - | ||
| 356 | - | 2. IS SEPARATELY METERE D BY THE ELECTRIC 15 | |
| 357 | - | COMPANY; AND 16 | |
| 358 | - | ||
| 359 | - | 3. DOES NOT EXPORT ELEC TRICITY FOR SALE ON THE 17 | |
| 360 | - | WHOLESALE MARKET UND ER AN AGREEMENT WITH PJM INTERCONNECTION , LLC. 18 | |
| 361 | - | ||
| 362 | - | [(a)] (B) This section applies to a person who constructs a generating station 19 | |
| 363 | - | that: 20 | |
| 364 | - | ||
| 365 | - | (1) has the capacity to produce [at least] MORE THAN 2 megawatts of 21 | |
| 366 | - | electricity, AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE SYSTEM ’S 22 | |
| 367 | - | INVERTER, from a solar photovoltaic system; and 23 | |
| 368 | - | ||
| 369 | - | (2) is exempted under § 7–207.1 of this subtitle from the requirement to 24 | |
| 370 | - | obtain a certificate of public convenience and necessity. 25 | |
| 371 | - | ||
| 372 | - | [(b)] (C) (1) A person shall file an application for approval to construct a 26 | |
| 373 | - | generating station under § 7–207.1 of this subtitle at least 6 months before construction 27 | |
| 374 | - | commences. 28 | |
| 375 | - | ||
| 376 | - | (2) The Commission shall require a person who files an application for 29 | |
| 377 | - | approval to construct a generating station to pay a deposit of 1% of total installed costs. 30 | |
| 378 | - | ||
| 379 | - | [(c)] (D) (1) The Commission shall place any deposits collected under 31 | |
| 380 | - | subsection [(b)] (C) of this section into an escrow account. 32 SENATE BILL 931 9 | |
| 236 | + | (i) be made to the Commission in writing on a form adopted by the 33 | |
| 237 | + | Commission; 34 6 SENATE BILL 931 | |
| 381 | 238 | ||
| 382 | 239 | ||
| 383 | 240 | ||
| 384 | - | (2) If a person demonstrates to the Commission that the person is fully 1 | |
| 385 | - | authorized to commence construction within 18 months after filing an application for 2 | |
| 386 | - | approval, the Commission shall refund the deposit, less reasonable administrative costs. 3 | |
| 241 | + | (ii) be verified by oath or affirmation; and 1 | |
| 387 | 242 | ||
| 388 | - | (3) (i) Subject to subparagraph (ii) of this paragraph, if a person does 4 | |
| 389 | - | not commence construction within 18 months after filing an application for approval, the 5 | |
| 390 | - | money held in the escrow account shall be: 6 | |
| 243 | + | (iii) contain information that the Commission requires, including: 2 | |
| 391 | 244 | ||
| 392 | - | 1. deemed to be abandoned; and 7 | |
| 245 | + | 1. proof of compliance with all applicable requirements of the 3 | |
| 246 | + | independent system operator; and 4 | |
| 393 | 247 | ||
| 394 | - | 2. transferred to the Maryland Strategic Energy Investment 8 | |
| 395 | - | Fund under § 9–20B–05 of the State Government Article, less reasonable administrative 9 | |
| 396 | - | costs. 10 | |
| 248 | + | 2. a copy of an interconnection, operation, and maintenance 5 | |
| 249 | + | agreement between the generating station and the local electric company. 6 | |
| 397 | 250 | ||
| 398 | - | (ii) 1. A person may request an extension for a project that does 11 | |
| 399 | - | not commence construction within 18 months after the filing of an application for approval. 12 | |
| 251 | + | [(c)] (D) On receipt of an application for approval under this section, the 7 | |
| 252 | + | Commission shall provide notice immediately or require the applicant to provide notice 8 | |
| 253 | + | immediately of the application to: 9 | |
| 400 | 254 | ||
| 401 | - | 2. The Commission may grant the request based on factors 13 | |
| 402 | - | the Commission considers compelling, including the occurrence of events outside the 14 | |
| 403 | - | person’s control. 15 | |
| 255 | + | (1) the governing body of each county or municipal corporation in which 10 | |
| 256 | + | any portion of the generating station is proposed to be constructed; 11 | |
| 404 | 257 | ||
| 405 | - | 7–306.3. 16 | |
| 258 | + | (2) the governing body of each county or municipal corporation within 1 12 | |
| 259 | + | mile of the proposed location of the generating station; 13 | |
| 406 | 260 | ||
| 407 | - | ( | |
| 408 | - | ||
| 261 | + | (3) each member of the General Assembly representing any part of a county 14 | |
| 262 | + | in which any portion of the generating station is proposed to be constructed; and 15 | |
| 409 | 263 | ||
| 410 | - | ( | |
| 411 | - | ||
| 264 | + | (4) each member of the General Assembly representing any part of each 16 | |
| 265 | + | county within 1 mile of the proposed location of the generating station. 17 | |
| 412 | 266 | ||
| 413 | - | ( | |
| 414 | - | ||
| 267 | + | [(d)] (E) When reviewing an application for approval under this section, the 18 | |
| 268 | + | Commission shall: 19 | |
| 415 | 269 | ||
| 416 | - | ( | |
| 270 | + | (1) ensure the safety and reliability of the electric system; 20 | |
| 417 | 271 | ||
| 418 | - | (II) IS A NONPROFIT ORGAN IZATION; 24 | |
| 272 | + | (2) require the person constructing the generating station to notify the 21 | |
| 273 | + | Commission 2 weeks before the first export of electricity from a generating station approved 22 | |
| 274 | + | under this section; and 23 | |
| 419 | 275 | ||
| 420 | - | (III) IS A MUNICIPAL OR CO UNTY GOVERNMENT , OR AN 25 | |
| 421 | - | ORGANIZATION A FFILIATED WITH THE M UNICIPAL OR COUNTY G OVERNMENT ; 26 | |
| 276 | + | (3) conduct its review and approval in an expeditious manner. 24 | |
| 422 | 277 | ||
| 423 | - | (IV) IS A UNIT OF STATE GOVERNMENT ; OR 27 | |
| 278 | + | [(e)] (F) Except for the notice required under subsection [(c)] (D) of this section, 25 | |
| 279 | + | the Commission may waive an element of the approval process under this section if the 26 | |
| 280 | + | Commission determines that the waiver is in the public interest. 27 | |
| 424 | 281 | ||
| 425 | - | (V) IS A PUBLIC SENIOR H IGHER EDUCATION INST ITUTION, AS 28 | |
| 426 | - | DEFINED IN § 10–101 OF THE EDUCATION ARTICLE. 29 | |
| 427 | - | 10 SENATE BILL 931 | |
| 428 | - | ||
| 429 | - | ||
| 430 | - | (C) AN ELECTRIC COMPANY S HALL REQUIRE AN ELIG IBLE 1 | |
| 431 | - | CUSTOMER–GENERATOR THAT REQUE STS METER AGGREGATIO N UNDER THIS 2 | |
| 432 | - | SECTION TO PROVIDE W RITTEN ALLOCATION IN STRUCTIONS DESCRIBIN G HOW TO 3 | |
| 433 | - | DISTRIBUTE THE ELIGI BLE CUSTOMER –GENERATOR ’S EXCESS GENERATION 4 | |
| 434 | - | CREDITS TO EACH ACCO UNT BEFORE THE COMME NCEMENT OF ANY METER 5 | |
| 435 | - | AGGREGATION. 6 | |
| 436 | - | ||
| 437 | - | SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 7 | |
| 438 | - | Assembly that this Act apply only to solar energy generating facilities and eligible 8 | |
| 439 | - | customer–generators authorized by an electric company to engage in net energy metering 9 | |
| 440 | - | under § 7–306 of the Public Utilities Article and COMAR 20.50.10.07. 10 | |
| 441 | - | ||
| 442 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11 | |
| 443 | - | October 1, 2023. 12 | |
| 282 | + | [(f)] (G) (1) The Commission shall provide an opportunity for public 28 | |
| 283 | + | comment and hold a public hearing as provided under this subsection on an application for 29 | |
| 284 | + | approval made under subsection [(a)(1)(ii)] (B)(1)(II) of this section in each county and 30 | |
| 285 | + | municipal corporation in which any portion of the construction of a generating station is 31 | |
| 286 | + | proposed to be located. 32 SENATE BILL 931 7 | |
| 444 | 287 | ||
| 445 | 288 | ||
| 446 | 289 | ||
| 290 | + | (2) Upon the request of the governing body of a county or municipal 1 | |
| 291 | + | corporation in which any portion of the construction of a generating station is proposed to 2 | |
| 292 | + | be located, the Commission shall hold the public hearing jointly with the governing body. 3 | |
| 447 | 293 | ||
| 448 | - | Approved: | |
| 449 | - | ________________________________________________________________________________ | |
| 450 | - | Governor. | |
| 451 | - | ________________________________________________________________________________ | |
| 452 | - | President of the Senate. | |
| 453 | - | ________________________________________________________________________________ | |
| 454 | - | Speaker of the House of Delegates. | |
| 294 | + | (3) Once in each of 2 successive weeks immediately before the hearing date, 4 | |
| 295 | + | the Commission, at the expense of the applicant, shall provide weekly notice of the public 5 | |
| 296 | + | hearing and opportunity for public comment by advertisement in a newspaper of general 6 | |
| 297 | + | circulation in the county or municipal corporation affected by the application. 7 | |
| 298 | + | ||
| 299 | + | 7–207.2. 8 | |
| 300 | + | ||
| 301 | + | (A) IN THIS SECTION, “GENERATING STATION ” DOES NOT INCLUDE : 9 | |
| 302 | + | ||
| 303 | + | (1) A GENERATING UNIT OR FACILITY THAT: 10 | |
| 304 | + | ||
| 305 | + | (I) IS USED FOR THE PRODUCT ION OF ELECTRICITY ; 11 | |
| 306 | + | ||
| 307 | + | (II) HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 12 | |
| 308 | + | MEGAWATTS OF ALTERNA TING CURRENT ; AND 13 | |
| 309 | + | ||
| 310 | + | (III) IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE FLOW 14 | |
| 311 | + | OF ELECTRICI TY TO THE ELECTRIC G RID DURING TIME PERI ODS WHEN THE 15 | |
| 312 | + | ELECTRIC GRID IS OUT OF SERVICE; OR 16 | |
| 313 | + | ||
| 314 | + | (2) A COMBINATION OF TWO OR MORE GENERATING U NITS OR 17 | |
| 315 | + | FACILITIES THAT: 18 | |
| 316 | + | ||
| 317 | + | (I) ARE USED FOR THE PRO DUCTION OF ELECTRICI TY; 19 | |
| 318 | + | ||
| 319 | + | (II) ARE LOCATED ON THE S AME PROPERTY OR ADJA CENT 20 | |
| 320 | + | PROPERTIES; 21 | |
| 321 | + | ||
| 322 | + | (III) HAVE THE CAPACITY TO PRODUCE , WHEN CALCULATED 22 | |
| 323 | + | CUMULATIVELY FOR ALL GENERATING UNITS OR FACILITIES ON THE PR OPERTY OR 23 | |
| 324 | + | ADJACENT PROPERTY , MORE THAN 2 MEGAWATTS OF ALTERNA TING CURRENT ; AND 24 | |
| 325 | + | ||
| 326 | + | (IV) FOR EACH INDIVIDUAL GENERATING UNIT OR FACILITY: 25 | |
| 327 | + | ||
| 328 | + | 1. HAS THE CAPACITY TO PRODUCE NOT MORE THAN 2 26 | |
| 329 | + | MEGAWATTS OF ALTERNATING CURRE NT; 27 | |
| 330 | + | ||
| 331 | + | 2. IS SEPARATELY METERE D BY THE ELECTRIC 28 | |
| 332 | + | COMPANY; AND 29 8 SENATE BILL 931 | |
| 333 | + | ||
| 334 | + | ||
| 335 | + | ||
| 336 | + | 3. DOES NOT EXPORT ELEC TRICITY FOR SALE ON THE 1 | |
| 337 | + | WHOLESALE MARKET UND ER AN AGREEMENT WITH PJM INTERCONNECTION , LLC. 2 | |
| 338 | + | ||
| 339 | + | [(a)] (B) This section applies to a person who constructs a generating station 3 | |
| 340 | + | that: 4 | |
| 341 | + | ||
| 342 | + | (1) has the capacity to produce [at least] MORE THAN 2 megawatts of 5 | |
| 343 | + | electricity, AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE SYSTEM ’S 6 | |
| 344 | + | INVERTER, from a solar photovoltaic system; and 7 | |
| 345 | + | ||
| 346 | + | (2) is exempted under § 7–207.1 of this subtitle from the requirement to 8 | |
| 347 | + | obtain a certificate of public convenience and necessity. 9 | |
| 348 | + | ||
| 349 | + | [(b)] (C) (1) A person shall file an application for approval to construct a 10 | |
| 350 | + | generating station under § 7–207.1 of this subtitle at least 6 months before construction 11 | |
| 351 | + | commences. 12 | |
| 352 | + | ||
| 353 | + | (2) The Commission shall require a person who files an application for 13 | |
| 354 | + | approval to construct a generating station to pay a deposit of 1% of total installed costs. 14 | |
| 355 | + | ||
| 356 | + | [(c)] (D) (1) The Commission shall place any deposits collected under 15 | |
| 357 | + | subsection [(b)] (C) of this section into an escrow account. 16 | |
| 358 | + | ||
| 359 | + | (2) If a person demonstrates to the Commission that the person is fully 17 | |
| 360 | + | authorized to commence construction within 18 months after filing an application for 18 | |
| 361 | + | approval, the Commission shall refund the deposit, less reasonable administrative costs. 19 | |
| 362 | + | ||
| 363 | + | (3) (i) Subject to subparagraph (ii) of this paragraph, if a person does 20 | |
| 364 | + | not commence construction within 18 months after filing an application for approval, the 21 | |
| 365 | + | money held in the escrow account shall be: 22 | |
| 366 | + | ||
| 367 | + | 1. deemed to be abandoned; and 23 | |
| 368 | + | ||
| 369 | + | 2. transferred to the Maryland Strategic Energy Investment 24 | |
| 370 | + | Fund under § 9–20B–05 of the State Government Article, less reasonable administrative 25 | |
| 371 | + | costs. 26 | |
| 372 | + | ||
| 373 | + | (ii) 1. A person may request an extension for a project that does 27 | |
| 374 | + | not commence construction within 18 months after the filing of an application for approval. 28 | |
| 375 | + | ||
| 376 | + | 2. The Commission may grant the request based on factors 29 | |
| 377 | + | the Commission considers compelling, including the occurrence of events outside the 30 | |
| 378 | + | person’s control. 31 | |
| 379 | + | SENATE BILL 931 9 | |
| 380 | + | ||
| 381 | + | ||
| 382 | + | SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 1 | |
| 383 | + | Assembly that this Act apply to solar energy generating facilities and eligible 2 | |
| 384 | + | customer–generators authorized by an electric company to engage in net energy metering 3 | |
| 385 | + | under § 7–306 of the Public Utilities Article and COMAR 20.50.10.07. 4 | |
| 386 | + | ||
| 387 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 | |
| 388 | + | October 1, 2023. 6 | |
| 389 | + |