EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0579*
HOUSE BILL 579
C5 4lr4581
CF SB 474
By: The Speaker (By Request – Administration) and Delegates Allen, Amprey,
Anderton, Bagnall, Bhandari, Boyce, Buckel, Conaway, Crutchfield,
Edelson, Fennell, Grossman, Guyton, Harris, Henson, Hill, Hornberger,
Jackson, A. Johnson, S. Johnson, D. Jones, Kaiser, Kaufman, J. Long, Love,
McCaskill, Miller, Munoz, Pasteur, Patterson, Phillips, Pippy, Pruski,
Reilly, Roberson, Roberts, Rogers, Rose, Ruff, Simmons, Simpson, Spiegel,
Taveras, Taylor, Toles, Tomlinson, Turner, Valderrama, Watson, Williams,
and Wu
Introduced and read first time: January 24, 2024
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Certificate of Public Convenience and Necessity and Related Approvals – 2
Definition of Generating Station 3
(Critical Infrastructure Streamlining Act of 2024) 4
FOR the purpose of altering and establishing the definition of “generating station” for the 5
purpose of exempting the construction of certain generating facilities used to produce 6
electricity for the purpose of onsite emergency backup and certain test and 7
maintenance operations from the requirement to obtain a certificate of public 8
convenience and necessity or certain other related approvals under certain 9
circumstances; and generally relating to generating stations. 10
BY repealing and reenacting, without amendments, 11
Article – Public Utilities 12
Section 7–207(a)(1) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Public Utilities 17
Section 7–207(a)(4), 7–207.1(a), 7–207.2(a), and 7–208(a) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2023 Supplement) 20
2 HOUSE BILL 579
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Public Utilities 3
7–207. 4
(a) (1) In this section the following words have the meanings indicated. 5
(4) “Generating station” does not include: 6
(i) a generating unit or facility that: 7
1. is used for the production of electricity; 8
2. has the capacity to produce not more than 2 megawatts of 9
alternating current; and 10
3. is installed with equipment that prevents the flow of 11
electricity to the electric grid during time periods when the electric grid is out of service; 12
[or] 13
(ii) a combination of two or more generating units or facilities that: 14
1. are used for the production of electricity from a solar 15
photovoltaic system or an eligible customer–generator that is subject to the provisions of § 16
7–306 of this title; 17
2. are located on the same property or adjacent properties; 18
3. have the capacity to produce, wh en calculated 19
cumulatively for all generating units or facilities on the property or adjacent property, more 20
than 2 megawatts but not more than 14 megawatts of alternating current; and 21
4. for each individual generating unit or facility: 22
A. has the capacity to produce not more than 2 megawatts of 23
alternating current; 24
B. is separately metered by the electric company; and 25
C. does not export electricity for sale on the wholesale market 26
under an agreement with PJM Interconnection, LLC; 27
(III) A GENERATING UNIT OR FACILITY THAT: 28
HOUSE BILL 579 3
1. IS USED FOR THE PROD UCTION OF ELECTRICIT Y FOR 1
THE PURPOSE OF : 2
A. ONSITE EMERGENCY BAC KUP AT A FACILITY WH EN 3
SERVICE FROM THE ELE CTRIC COMPANY IS INT ERRUPTED; AND 4
B. TEST AND MAINTENANCE OPERATIONS NECESSARY 5
TO ENSURE FUNCTIONAL ITY OF THE GENERATIN G UNIT OR FACILITY I N THE EVENT 6
OF A SERVICE INTERRU PTION FROM THE ELECT RIC COMPANY ; 7
2. IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE 8
FLOW OF ELECTRICITY TO THE ELECTRI C GRID; AND 9
3. IS SUBJECT TO A PERM IT TO CONSTRUCT ISSU ED BY 10
THE DEPARTMENT OF THE ENVIRONMENT ; OR 11
(IV) A COMBINATION OF TWO OR MORE GENERATING U NITS OR 12
FACILITIES THAT SATI SFY ITEM (III) OF THIS PARAGRAPH . 13
7–207.1. 14
(a) In this section, “generating station” does not include: 15
(1) a generating unit or facility that: 16
(i) is used for the production of electricity; 17
(ii) has the capacity to produce not more than 2 megawatts of 18
alternating current; and 19
(iii) is installed with equipment that prevents the flow of electricity 20
to the electric grid during time periods when the electric grid is out of service; [or] 21
(2) a combination of two or more generating units or facilities that: 22
(i) are used for the production of electricity from a solar photovoltaic 23
system or an eligible customer–generator that is subject to the provisions of § 7–306 of this 24
title; 25
(ii) are located on the same property or adjacent properties; 26
(iii) have the capacity to produce, when calculated cumulatively for 27
all generating units or facilities on the property or adjacent property, more than 2 28
megawatts but not more than 14 megawatts of alternating current; and 29
4 HOUSE BILL 579
(iv) for each individual generating unit or facility: 1
1. has the capacity to produce not more than 2 megawatts of 2
alternating current; 3
2. is separately metered by the electric company; and 4
3. does not export electricity for sale on the wholesale market 5
under an agreement with PJM Interconnection, LLC; 6
(3) A GENERATING UNIT OR FACILITY THAT: 7
(I) IS USED FOR THE PROD UCTION OF ELECTRICIT Y FOR THE 8
PURPOSE OF: 9
1. ONSITE EMERGENCY BAC KUP AT A FACILITY WHEN 10
SERVICE FROM THE ELE CTRIC COMPANY IS INT ERRUPTED; AND 11
2. TEST AND MAINTENANCE OPERATIONS NECESSARY 12
TO ENSURE FUNCTIONAL ITY OF THE GENERATIN G UNIT OR FACILITY I N THE EVENT 13
OF A SERVICE INTERRU PTION FROM THE ELECT RIC COMPANY ; 14
(II) IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE FLOW 15
OF ELECTRICITY TO TH E ELECTRIC GRID ; AND 16
(III) IS SUBJECT TO A PERM IT TO CONSTRUCT ISS UED BY THE 17
DEPARTMENT OF THE ENVIRONMENT ; OR 18
(4) A COMBINATION OF TWO OR MORE GENERATING U NITS OR 19
FACILITIES THAT SATI SFY ITEM (3) OF THIS SUBSECTION . 20
7–207.2. 21
(a) In this section, “generating station” does not include: 22
(1) a generating unit or facility that: 23
(i) is used for the production of electricity; 24
(ii) has the capacity to produce not more than 2 megawatts of 25
alternating current; and 26
(iii) is installed with equipment that prevents the flow of electricity 27
to the electric grid during time periods when the electric grid is out of service; [or] 28
HOUSE BILL 579 5
(2) a combination of two or more generating units or facilities that: 1
(i) are used for the production of electricity from a solar photovoltaic 2
system or an eligible customer–generator that is subject to the provisions of § 7–306 of this 3
title; 4
(ii) are located on the same property or adjacent properties; 5
(iii) have the capacity to produce, when calculated cumulatively for 6
all generating units or facilities on the property or adjacent property, more than 2 7
megawatts but not more than 14 megawatts of alternating current; and 8
(iv) for each individual generating unit or facility: 9
1. has the capacity to produce not more than 2 megawatts of 10
alternating current; 11
2. is separately metered by the electric company; and 12
3. does not export electricity for sale on the wholesale market 13
under an agreement with PJM Interconnection, LLC; 14
(3) A GENERATING UNIT OR FACILITY THAT: 15
(I) IS USED FOR THE PROD UCTION OF ELECTRICIT Y FOR THE 16
PURPOSE OF: 17
1. ONSITE EMERGENCY BAC KUP AT A FACILITY WHEN 18
SERVICE FROM THE ELE CTRIC COMPANY IS INT ERRUPTED; AND 19
2. TEST AND MAINTENANCE OPERATIONS NECESSARY 20
TO ENSURE FUNCTIONAL ITY OF THE GENERATIN G UNIT OR FACILITY I N THE EVENT 21
OF A SERVICE INTERRUPTION FRO M THE ELECTRIC COMPA NY; 22
(II) IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE FLOW 23
OF ELECTRICITY TO TH E ELECTRIC GRID ; AND 24
(III) IS SUBJECT TO A PERM IT TO CONSTRUCT ISSU ED BY THE 25
DEPARTMENT OF THE ENVIRONMENT ; OR 26
(4) A COMBINATION OF TWO O R MORE GENERATING UN ITS OR 27
FACILITIES THAT SATI SFY ITEM (3) OF THIS SUBSECTION . 28
7–208. 29
6 HOUSE BILL 579
(a) (1) In this section the following words have the meanings indicated. 1
(2) “Construction” has the meaning stated in § 7–207 of this subtitle. 2
(3) “GENERATING STATION ” DOES NOT INCLUDE : 3
(I) A GENERATING UNIT OR FACILITY THAT: 4
1. IS USED FOR THE PROD UCTION OF ELECTRICIT Y FOR 5
THE PURPOSE OF : 6
A. ONSITE EMERGENCY BAC KUP AT A FACILITY WH EN 7
SERVICE FROM THE ELE CTRIC COMPANY IS INT ERRUPTED; AND 8
B. TEST AND MAINTENANCE OPERATIONS NECESSARY 9
TO ENSURE FUNCTIONAL ITY OF THE GENERATIN G UNIT OR FACILITY I N THE EVENT 10
OF AN INTERRUPTION O F SERVICE FROM THE E LECTRIC COMPANY ; 11
2. IS INSTALLED WITH EQ UIPMENT THAT PREVENT S THE 12
FLOW OF ELECTRICITY TO THE E LECTRIC GRID; AND 13
3. IS SUBJECT TO A PERM IT TO CONSTRUCT ISSU ED BY 14
THE DEPARTMENT OF THE ENVIRONMENT ; OR 15
(II) A COMBINATION OF TWO OR MORE GENERATING U NITS OR 16
FACILITIES THAT SATI SFY ITEM (I) OF THIS PARAGRAPH . 17
[(3)] (4) “Qualified offshore wind project” has the meaning stated in § 18
7–701 of this title. 19
[(4)] (5) “Qualified submerged renewable energy line” means: 20
(i) a line carrying electricity supply and connecting a qualified 21
offshore wind project to the transmission system; and 22
(ii) a line in which the portions of the line crossing any submerged 23
lands or any part of a beach erosion control district are buried or submerged. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2024. 26