EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0783*
SENATE BILL 783
C5, M5, Q1 (4lr2521)
ENROLLED BILL
— Education, Energy, and the Environment and Budget and Taxation/Economic
Matters —
Introduced by Senators Elfreth, Augustine, Beidle, Brooks, Feldman, Guzzone,
Hester, Hettleman, and Kagan
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Renewable Energy – Net Energy Metering Aggregation, Solar Renewable 2
Energy Credits Certified SRECs and Compliance Fees, Labor Requirements , 3
and Taxes on Solar Energy Generating Systems 4
Public Utilities – Solar Energy Systems and Programs, Maryland Strategic 5
Energy Investment Fund, and Prevailing Wage 6
(Brighter Tomorrow Act) 7
FOR the purpose of requiring that certain home improvement contracts for the installation 8
of a solar energy generating system on the roof of a building include the installation 9
of a certain wildlife barrier under certain circumstances; requiring a county or 10
municipality to implement certain software for features supporting the tracking and 11
approval of residential building permits for certain residential solar energy projects, 12
residential energy storage projects, and main electric panel alterations by a certain 13 2 SENATE BILL 783
date except under certain circumstances; requiring the Maryland Energy 1
Administration to delay the implementation of or suspend a certain requirement 2
under certain circumstances; altering the maximum generating capacity authorized 3
for certain net metered generating facilities; authorizing an eligible 4
customer–generator participating in certain meter aggregation to receive excess 5
generation from more than one generating system; altering the expiration date of 6
renewable energy credits; requiring the Public Service Commission to establish a 7
Small Solar Energy Generating System Incentive Program to provide certain 8
certified systems with a certain additional percentage of renewable energy credits 9
certain certified SRECs that may be put toward meeting the renewable energy 10
portfolio standard for solar energy; providing that a certified system is eligible to 11
receive an additional percentage of renewable energy credits for the life cycle of the 12
system certain certified SRECs for a certain period of time; requiring an owner of a 13
certain solar energy generating system to pay a certain fee to the Commission; 14
increasing the duration of a certain renewable energy credit under certain 15
circumstances; requiring that certain prevailing wage provisions apply to the 16
construction of a certain certified solar energy generating system unless the system 17
is subject to a certain project labor agreement; establishing the Customer–Sited Solar 18
Program within the Maryland Energy Administration for the purpose of providing 19
grants to certain eligible customer–generators for certain solar energy generating 20
systems; authorizing a third party to apply for a grant on behalf of an eligible 21
customer–generator under certain circumstances; requiring the Administration to 22
publish certain information regarding the Program; requiring the Administration to 23
develop a certain consumer protection policy; providing for the funding of Program 24
grants from certain fees in the Maryland Strategic Energy Investment Fund; 25
requiring a certain percentage of proceeds received by the Maryland Strategic 26
Energy Investment Fund from certain compliance fees to be credited to a certain 27
account for certain purposes; extending for a certain number of years a certain 28
personal property tax exemption for certain community solar energy generating 29
system projects; exempting certain nonresidential solar generating systems from the 30
State or local real or personal property tax; authorizing a county or municipal 31
corporation to reduce or eliminate an assessment on certain real property on which 32
a certain solar energy generating system is located; applying certain prevailing wage 33
requirements for contractors and subcontractors working on certain projects 34
involving, and traffic control activities related to, any underground gas or electric 35
infrastructure of an investor–owned gas or electric infrastructure project of the 36
company; requiring a county to enter into a certain payment in lieu of taxes 37
agreement with an owner of a certain ground–mounted solar generating facility 38
under certain circumstances; and generally relating to renewable energy facilities 39
and contracts and tax provisions for renewable energy facilities and public utility 40
activities. 41
BY repealing and reenacting, without amendments, 42
Article – Business Regulation 43
Section 8–501(a) 44
Annotated Code of Maryland 45
(2015 Replacement Volume and 2023 Supplement) 46 SENATE BILL 783 3
BY adding to 1
Article – Business Regulation 2
Section 8–501(f) 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2023 Supplement) 5
BY adding to 6
Article – Local Government 7
Section 1–1319 8
Annotated Code of Maryland 9
(2013 Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Public Utilities 12
Section 7–306(g) and (i), 7–709(d), and 7–712 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – Public Utilities 17
Section 7–306(i) and, 7–709.1, and 7–714 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2023 Supplement) 20
BY adding to 21
Article – State Government 22
Section 9–2016 and 9–20B–05(f)(13) and (g–1) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – State Government 27
Section 9–20B–05(a) through (c) 28
Annotated Code of Maryland 29
(2021 Replacement Volume and 2023 Supplement) 30
BY repealing and reenacting, with amendments, 31
Article – State Government 32
Section 9–20B–05(f)(12) and (13) and (i) 33
Annotated Code of Maryland 34
(2021 Replacement Volume and 2023 Supplement) 35
BY adding to repealing and reenacting, with amendments, 36
Article – State Government 37
Section 9–20B–05(g–1) 38
Annotated Code of Maryland 39 4 SENATE BILL 783
(2021 Replacement Volume and 2023 Supplement) 1
(As enacted by Section 1 of this Act) 2
BY repealing and reenacting, without amendments, 3
Article – Tax – Property 4
Section 1–101(j) 5
Annotated Code of Maryland 6
(2019 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Tax – Property 9
Section 7–237(c) 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2023 Supplement) 12
BY adding to 13
Article – Tax – Property 14
Section 7–249, 7–250, and 7–522 Section 7–249 and 7–250 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Public Utilities 19
Section 5–305 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2023 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEM BLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Business Regulation 25
8–501. 26
(a) A home improvement contract that does not comply with this section is not 27
invalid merely because of noncompliance. 28
(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
HOME IMPROVEMENT CON TRACT FOR THE INSTAL LATION OF A SOLAR EN ERGY 30
GENERATING SYSTEM ON THE ROOF OF A BUILDI NG SHALL INCLUDE THE 31
INSTALLATION OF A BA RRIER THAT MEETS IND USTRY STANDARDS TO P REVENT 32
WILDLIFE INTRUSION AND D AMAGE TO THE SOLAR E NERGY GENERATING SYS TEM 33
OR THE UNDERLYING RO OF. 34
(2) A HOME IMPROVEMENT CON TRACT FOR THE INSTAL LATION OF A 35
SOLAR ENERGY GENERAT ING SYSTEM ON THE RO OF OF A BUILDING IS NOT 36 SENATE BILL 783 5
REQUIRED TO INCLUDE THE INSTALLATION OF A BARRIER AS SPECIFIED UNDER 1
PARAGRAPH (1) OF THIS SUBSECTION I F THE CUSTOMER HAS W AIVED THE 2
INSTALLATION OF THE BARRIER AFTER BEING INFORMED OF THE COST OF THE 3
BARRIER AND THE RISK S OF NOT INSTALLING A WILDLIFE BARRIER . 4
Article – Local Government 5
1–1319. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) “ADMINISTRATION ” MEANS THE MARYLAND ENERGY 9
ADMINISTRATION . 10
(3) “RESIDENTIAL ENERGY ST ORAGE SYSTEM ” MEANS A SYSTEM , ON 11
A RESIDENTIAL CUSTOM ER’S SIDE OF THE METER , USED TO STORE ELECTRICAL 12
ENERGY, OR MECHANICAL , CHEMICAL, OR THERMAL ENERGY TH AT WAS ONCE 13
ELECTRICAL ENERGY , FOR USE AS ELECTRICA L ENERGY AT A LATER DATE OR IN A 14
PROCESS THAT OFFSETS ELECTRICITY USE AT P EAK TIMES. 15
(4) “RESIDENTIAL SOLAR ENE RGY SYSTEM ” MEANS ANY 16
CONFIGURATION OF SOL AR ENERGY DEVICES TH AT COLLECTS AND DIST RIBUTES 17
SOLAR ENERGY FOR THE PURPOSE OF GENERATIN G ELECTRICITY AND TH AT HAS A 18
SINGLE RESIDENTIAL I NTERCONNECTION WITH THE ELECTRICAL GRID . 19
(5) “SOLAR PERMITTING SOFT WARE” MEANS: 20
(I) THE MOST RECENT VERSION OF A WEB–BASED PLATFORM , 21
DEVELOPED BY THE NATIONAL RENEWABLE ENERGY LABORATORY, THAT PROVIDES 22
A STANDARD PORTAL FO R RECEIVING AND PROC ESSING RESIDENTIAL S OLAR 23
ENERGY SYSTEM AND RE SIDENTIAL ENERGY STO RAGE SYSTEM PERMIT 24
INFORMATION ; OR 25
(II) AUTOMATED SOFTWARE T HAT FUNCTIONS TO SUP PORT THE 26
TRACKING AND APPROVA L OF RESIDENTIAL BUI LDING PERMITS FOR RE SIDENTIAL 27
SOLAR ENERGY SYSTEMS , RESIDENTIAL ENERGY S TORAGE SYSTEMS , MAIN 28
ELECTRICAL PANEL UPG RADES, AND MAIN ELECTRICAL PANEL DEVICES . 29
(B) THIS SECTION APPLIES TO ALL COUNTIES AND MUNICIPALITIES . 30
(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION AND EXCEPT AS 31
PROVIDED IN SUBSECTI ON (E) OF THIS SECTION , ON OR BEFORE AUGUST 1, 2025, 32
EACH COUNTY AND MUNI CIPALITY SHALL IMPLE MENT SOLAR PERMITTIN G 33 6 SENATE BILL 783
SOFTWARE FOR FEATURES SUPPORTING THE TRACK ING AND APPROVAL OF 1
RESIDENTIAL BUILDING PERMITS FOR: 2
(1) RESIDENTIAL SOLAR EN ERGY SYSTEMS ; 3
(2) RESIDENTIAL ENERGY S TORAGE SYSTEMS ; 4
(3) MAIN ELECTRIC PANEL UPGRADES; AND 5
(4) MAIN ELECTRIC PANEL DERATES. 6
(D) A COUNTY OR MUNICIPALI TY MAY NOT BE REQUIR ED TO COMPLY WITH 7
THE REQUIREMENTS OF SUBSECTION (C) OF THIS SECTION IF: 8
(1) THE COUNTY OR MUNICI PALITY DOES NOT REQU IRE A PERMIT 9
FOR: 10
(I) RESIDENTIAL SOLAR EN ERGY SYSTEMS ; OR 11
(II) RESIDENTIAL SOLAR ENERGY SYSTEMS PAIRE D WITH A 12
RESIDENTIAL SOLAR EN ERGY STORAGE SYSTEM ; OR 13
(2) AS DETERMINED BY THE ADMINISTRATION , THE AUTOMATED 14
SOFTWARE IS NO LONGE R UPDATED OR MAINTAI NED. 15
(E) THE ADMINISTRATION SHALL DELAY THE INITIAL IM PLEMENTATION OR 16
SUSPEND THE REQUIREMENTS OF SUBS ECTION (C) OF THIS SECTION IF T HERE ARE 17
INSUFFICIENT STATE OR FEDERAL FUND S AVAILABLE TO THE ADMINISTRATION TO 18
PROVIDE FINANCIAL SU PPORT TO A COUNTY OR MUNICIPALITY IMPLEME NTING 19
SOLAR PERMITTING SOF TWARE AS DEFINED IN SUBSECTION (A)(5)(I) OF THIS 20
SECTION. 21
Article – Public Utilities 22
7–306. 23
(g) (1) Except as provided in paragraphs [(6) and (7)] (6), (7), AND (8) of this 24
subsection, the generating capacity of an electric generating system used by an eligible 25
customer–generator for net metering may not exceed 2 megawatts. 26
(2) An electric generating system used by an eligible customer–generator 27
for net metering shall meet all applicable safety and performance standards established by 28
the National Electrical Code, the Institute of Electrical and Electronics Engineers, and 29
Underwriters Laboratories. 30
SENATE BILL 783 7
(3) The Commission may adopt by regulation additional control and testing 1
requirements for eligible customer–generators that the Commission determines are 2
necessary to protect public safety and system reliability. 3
(4) An electric company may not require an eligible customer–generator 4
whose electric generating system meets the standards of paragraphs (2) and (3) of this 5
subsection to: 6
(i) install additional controls; 7
(ii) perform or pay for additional tests; or 8
(iii) purchase additional liability insurance. 9
(5) An eligible customer–generator or the eligible customer–generator’s 10
assignee shall own and have title to all renewable energy attributes or renewable energy 11
credits associated with any electricity produced by its electric generating system. 12
(6) The Commission may not prohibit the construction or operation of 13
multiple net metered solar energy generating facilities located on separate contiguous lots 14
that are owned by a local government solely because the capacity of the combined net 15
metering systems exceeds the limit established under paragraph (1) of this subsection, if: 16
(i) the net metered solar energy generating facilities are intended to 17
be used solely for the benefit of the local government; 18
(ii) the total capacity of the net metered solar energy generating 19
facilities on the contiguous lots does not exceed 5 megawatts; 20
(iii) the contiguous lots were not subdivided for the purpose of 21
circumventing the limit established under paragraph (1) of this subsection; and 22
(iv) the utility serving the net metered solar energy generating 23
facilities is not an electric cooperative or municipal electric utility. 24
(7) The generating capacity of a community solar energy generating system 25
established under § 7–306.2 of this subtitle that is used for net metering may not exceed 5 26
megawatts. 27
(8) THE GENERATING CAPACI TY OF A NET METERED FACILITY THAT 28
IS METER AGGREGATED UNDER § 7–306.3 OF THIS SUBTITLE MAY NOT EXCEED 5 29
MEGAWATTS . 30
(I) NOTWITHSTANDING THE G ENERATING CAPACITY L IMITS ESTABLISHED 31
IN SUBSECTION (G) OF THIS SECTION , AN ELIGIBLE CU STOMER–GENERATOR 32
PARTICIPATING IN MET ER AGGREGATION UNDER § 7–306.2 OR § 7–306.3 OF THIS 33 8 SENATE BILL 783
SUBTITLE MAY RECEIVE EXCESS GENERATION FR OM MORE THAN ONE GEN ERATING 1
SYSTEM, INCLUDING IF THE COM BINED GENERATING CAP ACITY OF ALL NET 2
METERED FACILITIES T HAT ARE METER AGGREGATED EXCEEDS 5 MEGAWATTS . 3
[(i)] (J) On or before November 1 of each year, the Commission shall report to 4
the General Assembly, in accordance with § 2–1257 of the State Government Article, on the 5
status of the net metering program under this section, including: 6
(1) the amount of capacity of electric generating facilities owned and 7
operated by eligible customer–generators in the State by type of energy resource; 8
(2) based on the need to encourage a diversification of the State’s energy 9
resource mix to ensure reliability, whether the rated generating capacity limit in subsection 10
(d) of this section should be altered; and 11
(3) other pertinent information. 12
7–709. 13
(d) (1) Except as PROVIDED IN § 7–709.1 OF THIS SUBTITLE AND 14
authorized under paragraph (2) of this subsection, a renewable energy credit shall exist for 15
3 5 years from the date created. 16
(2) A renewable energy credit may be diminished or extinguished before 17
the expiration of 3 5 years by: 18
(i) the electricity supplier that received the credit; 19
(ii) a nonaffiliated entity of the electricity supplier: 20
1. that purchased the credit from the electricity supplier 21
receiving the credit; or 22
2. to whom the electricity supplier otherwise transferred the 23
credit; or 24
(iii) demonstrated noncompliance by the generating facility with the 25
requirements of § 7–704(f) of this subtitle. 26
7–709.1. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
(2) “BROWNFIELD” HAS THE MEANING STAT ED IN § 7–207 OF THIS 30
TITLE. 31 SENATE BILL 783 9
(3) “CERTIFIED SREC” MEANS A SOLAR RENEWA BLE ENERGY 1
CREDIT GENERATED BY A CERTIFIED SYSTEM . 2
(4) “CERTIFIED SYSTEM ” MEANS A SOLAR ENERGY GENERATING 3
SYSTEM CERTIFIED BY THE COMMISSION AS ELIGIBLE TO RECEI VE ADDITIONAL 4
CREDITS UNDER THE PROGRAM UNDER THE PROGRAM TO GENERATE C ERTIFIED 5
SRECS WITH THE COMPLIANC E VALUE SPECIFIED IN SUBSECTION (C) OF THIS 6
SECTION. 7
(3) (5) “PROGRAM” MEANS THE SMALL SOLAR ENERGY 8
GENERATING SYSTEM INCENTIVE PROGRAM. 9
(B) THE COMMISSION SHALL ESTA BLISH A SMALL SOLAR ENERGY 10
GENERATING SYSTEM INCENTIVE PROGRAM. 11
(C) UNDER THE PROGRAM, SOLAR ENERGY GENERAT ING SYSTEMS THAT 12
ARE CERTIFIED BY THE COMMISSION IN ACCORDA NCE WITH THIS SECTIO N SHALL 13
BE ELIGIBLE TO RECEI VE ADDITIONAL SOLAR RENEWABLE ENERGY CRE DITS AS 14
PROVIDED IN THIS SECTION. 15
(C) (1) UNDER THE PROGRAM, A CERTIFIED SYSTEM S HALL GENERATE 16
CERTIFIED SRECS. 17
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 18
THE PROVISIONS OF TH IS SUBTITLE RELATING TO RENEWABLE ENERGY CREDITS 19
SHALL APPLY TO CERTI FIED SRECS. 20
(3) A CERTIFIED SREC SHALL HAVE A COMPLIA NCE VALUE OF 150% 21
FOR ELECTRICITY SUPP LIERS TO PUT TOWARD MEETING THE RENEWABL E ENERGY 22
PORTFOLIO STANDARD F OR ENERGY DERIVED FR OM SOLAR ENERGY UNDE R § 7–703 23
OF THIS SUBTITLE. 24
(D) TO BE ELIGIBLE FOR CERTIFICATION UNDER THE PROGRAM, A SOLAR 25
ENERGY GENERATING SY STEM SHALL: 26
(1) BE LOCATED IN THE STATE; 27
(2) BE ELIGIBLE FOR INCL USION IN MEETING THE RENEWABLE 28
ENERGY PORTFOLIO STA NDARD; 29
(3) HAVE A GENERATING CA PACITY OF 2 5 MEGAWATTS OR LESS , AS 30
MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE SYSTEM ’S INVERTER; 31
AND 32 10 SENATE BILL 783
(4) BE PLACED IN SERVICE BETWEEN JULY 1, 2024, AND JANUARY 1, 1
2028, INCLUSIVE; AND 2
(5) BE ONE OF THE FOLLOW ING TYPES OF SYSTEMS : 3
(I) A SYSTEM WITH A GENE RATING CAPACITY OF 20 KILOWATTS 4
OR LESS, AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE SYSTEM ’S 5
INVERTER; 6
(II) A SYSTEM WITH A GENE RATING CAPACITY OF 2 MEGAWATTS 7
OR LESS, AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE SYSTEM ’S 8
INVERTER, IF THE SYSTEM IS USE D FOR AGGREGATE NET ME TERING; OR 9
(III) A SYSTEM WITH A GENE RATING CAPACITY OF B ETWEEN 20 10
KILOWATTS AND 5 MEGAWATTS , AS MEASURED BY THE A LTERNATING CURRENT 11
RATING OF THE SYSTEM ’S INVERTER, IF THE SYSTEM IS LOC ATED ON A ROOFTOP , A 12
PARKING CANOPY , OR A BROWNFIELD. 13
(E) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , THE 14
COMMISSION, AT THE TIME OF CERTI FYING A SOLAR ENERGY GENERATING SYSTEM 15
AS A TIER 1 RENEWABLE SOURCE , SHALL CERTIFY THE SY STEM AS ELIGIBLE TO 16
RECEIVE GENERATE CERTIFIED SRECS IN ACCORDANCE WITH SUBS ECTION (C) OF 17
THIS SECTION IF THE APPLICANT SUBMITS WI TH ITS APPLICATION F OR 18
CERTIFICATION AS A TIER 1 RENEWABLE SOURCE : 19
(1) A FORM REQUESTING TO BE CERTIFIED TO RECE IVE CERTIFIED 20
SRECS WITH THE VALUE SPE CIFIED IN SUBSECTION (C) OF THIS SECTION; 21
(2) A COPY OF THE INTERC ONNECTION AGREEMENT BETWEEN THE 22
APPLICANT AND THE AP PLICANT’S ELECTRIC COMPANY I NDICATING THAT THE S IZE 23
OF THE SYSTEM IS ELI GIBLE; 24
(3) IF SEEKING CERTIFICA TION AS A SYSTEM LOC ATED ON OR OVER A 25
ROOF, PARKING LOT, OR PARKING STRUCTURE , A COPY OF THE FINAL APPROVAL OF 26
THE LOCAL BUILDING P ERMIT; 27
(4) IF SEEKING CERTIFICA TION AS A SYSTEM LOC ATED ON A 28
BROWNFIELD , DOCUMENTATION DEMONS TRATING THAT THE SYS TEM IS LOCATED 29
ON A BROWNFIELD ; 30
(5) IF SEEKING CERTIFICA TION BASED ON AGGREGATED NET 31
METERING, A COPY OF THE AGGREG ATED NET ENERGY METE RING RIDER 32
SUBMITTED WITH THE I NTERCONNECTION AGREE MENT; AND 33 SENATE BILL 783 11
(6) ANY OTHER INFORMATIO N REQUIRED BY THE COMMISSION. 1
(F) (1) THE OWNER OF A SOLAR ENERGY GENERATING SY STEM MAY 2
APPLY TO THE COMMISSION TO BE CERT IFIED UNDER THE PROGRAM IF THE 3
SYSTEM MEETS THE REQ UIREMENTS UNDER SUBS ECTION (D) OF THIS SECTION. 4
(2) THE OWNER OF A SOLAR ENERGY GENERATING SY STEM THAT IS 5
PLACED IN SERVICE BE TWEEN JULY 1, 2024, AND JANUARY 1, 2025, MAY APPLY TO 6
THE COMMISSION: 7
(I) BEFORE JANUARY 1, 2025, FOR CERTIFICATION AS A TIER 1 8
RENEWABLE SOURCE ; AND 9
(II) ON OR AFTER JANUARY 1, 2025, FOR CERTIFICATION 10
UNDER THE PROGRAM. 11
(E) (G) THE TOTAL AMOUNT OF I N–STATE GENERATING CAPA CITY FOR 12
CERTIFIED SYSTEMS, AS MEASURED BY THE A LTERNATING CURRENT R ATING OF 13
THE SYSTEMS’ INVERTERS, UNDER THE PROGRAM MAY NOT EXCEE D: 14
(1) 330 300 MEGAWATTS FOR SYSTEM S WITH A GENERATING 15
CAPACITY OF LESS THA N 20 KILOWATTS, AS MEASURED BY THE A LTERNATING 16
CURRENT RATING OF THE SYSTEM’S INVERTER; AND 17
(2) 300 270 MEGAWATTS FOR SYSTEM S WITH A GENERATING 18
CAPACITY OF BETWEEN 20 KILOWATTS AND 2 5 MEGAWATTS , AS MEASURED BY THE 19
ALTERNATING CURRENT RATING OF THE SYSTEM ’S INVERTER. 20
(F) (1) THE OWNER OF A SOLAR ENERGY GENERATING SYSTEM MAY 21
APPLY TO THE COMMISSION TO BE CERT IFIED UNDER THE PROGRAM. 22
(2) THE OWNER OF A CERTIF IED SYSTEM SHALL PAY A ONE–TIME FEE 23
OF $100 TO THE COMMISSION AT THE TIM E OF THE CERTIFICATI ON. 24
(H) (1) AT THE TIME A SOLAR E NERGY GENERATING SYS TEM IS 25
CERTIFIED AS A TIER 1 RENEWABLE SOURCE , THE OWNER OF THE SYS TEM SHALL 26
PAY TO THE COMMISSION A ONE –TIME FEE OF: 27
(I) UP TO $50 FOR EACH SYSTEM WITH A GENERATING 28
CAPACITY OF LESS THA N 20 KILOWATTS, AS MEASURED BY THE A LTERNATING 29
CURRENT RATING OF TH E SYSTEM’S INVERTER; AND 30
12 SENATE BILL 783
(II) UP TO $200 FOR EACH SYSTEM WITH A GENERATING 1
CAPACITY OF MORE THA N 20 KILOWATTS, AS MEASURED BY THE A LTERNATING 2
CURRENT RATING OF TH E SYSTEM’S INVERTER. 3
(3) (2) THE COMMISSION SHALL USE THE FEES COLLECTED U NDER 4
PARAGRAPH (2) (1) OF THIS SUBSECTION T O PAY FOR COSTS ASSO CIATED WITH 5
ADMINISTERING THE PROGRAM. 6
(G) (1) A CERTIFIED SYSTEM UND ER THE PROGRAM SHALL RECEIVE : 7
(I) FOR SYSTEMS WITH A G ENERATING CAPACITY O F UP TO 2 8
MEGAWATTS , AS MEASURED BY THE A LTERNATING CURRENT RATING OF THE 9
SYSTEM’S INVERTER, 150% CREDIT TOWARD MEETIN G THE RENEWABLE ENER GY 10
PORTFOLIO STANDARD F OR ENERGY DERIVED FR OM SOLAR; AND 11
(II) FOR SYSTEMS WITH A G ENERATING CAPACITY O F UP TO 2 12
MEGAWATTS , AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE 13
SYSTEM’S INVERTER, THAT ARE LOCATED ON A ROOFTOP, A PARKING CANOPY , OR A 14
BROWNFIELD , 200% CREDIT TOWARD MEETIN G THE RENEWABLE ENER GY 15
PORTFOLIO STANDARD F OR ENERGY DERIVED FR OM SOLAR. 16
(2) A CERTIFIED SYSTEM IS ELIGIBLE TO RECEIVE THE PERCENTAGE 17
CREDIT SPECIFIED IN PARAG RAPH (1) OF THIS SUBSECTION F OR THE ENTIRE 18
LIFE CYCLE OF THE SY STEM. 19
(H) NOTWITHSTANDING § 7–709(D)(1) OF THIS SUBTITLE , A CREDIT 20
CREATED BY A CERTIFI ED SYSTEM UNDER THE PROGRAM SHALL EXIST F OR 5 YEARS 21
FROM THE DATE CREATE D. 22
(I) THE DEVELOPER OF A CER TIFIED SYSTEM UNDER THE PROGRAM THAT 23
HAS A GENERATING CAP ACITY OVER 1 MEGAWATT , AS MEASURED BY THE 24
ALTERNATING CURRENT RATING OF THE SYSTEM ’S INVERTER, SHALL ENSURE THAT 25
WORKERS ARE PAID NOT LESS THAN THE PREVAI LING WAGE RATE DETER MINED 26
UNDER TITLE 17, SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT 27
ARTICLE, UNLESS THE SYSTEM IS SUBJECT TO A PROJECT LABOR AGREEMENT 28
THAT: 29
(1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE 30
SYSTEM THROUGH THE I NCLUSION OF SPECIFIC ATIONS IN ALL RELEVA NT 31
SOLICITATION PROVISI ONS AND CONTRACT DOC UMENTS; 32
(2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTOR S TO COMPETE 33
FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO 34 SENATE BILL 783 13
WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARGAINING 1
AGREEMENTS ; 2
(3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF 3
EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EM PLOYED ON THE PROJEC TS; 4
(4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB 5
DISRUPTIONS; 6
(5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING 7
LABOR DISPUTES ; AND 8
(6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED BY THE PARTIES 9
TO PROMOTE SUCCESSFU L DELIVERY OF THE SY STEM. 10
(I) (1) A CERTIFIED SYSTEM SHA LL CONTINUE TO BE EL IGIBLE TO 11
RECEIVE GENERATE CERTIFIED SRECS FOR 15 YEARS AFTER THE DATE OF 12
CERTIFICATION BY THE COMMISSION, OR JANUARY 1, 2025, WHICHEVER IS LATER , 13
AFTER WHICH THE SYST EM SHALL BE ELIGIBLE TO RECEIVE GENERATE 14
NONCERTIFIED SOLAR R ENEWABLE ENERGY CRED ITS AS LONG AS THE S YSTEM 15
MEETS THE REQUIREMENTS AS A TIER 1 RENEWABLE SOURCE UND ER THIS 16
SUBTITLE. 17
(2) THE COMMISSION SHALL : 18
(I) ON OR BEFORE JANUARY 1, 2025, BEGIN DETERMINING 19
ELIGIBILITY OF SOLAR ENERGY GENERATING SY STEMS TO BE CERTIFIE D UNDER 20
THE PROGRAM; AND 21
(II) ON OR BEFORE JULY 1, 2026, IMPLEMENT A REVISED 22
SYSTEM TO REVIEW AND ENSURE COMPLIANCE WI TH THE RENEWABLE ENE RGY 23
PORTFOLIO STANDARD . 24
(3) AN ELECTRICITY SUPPLI ER MAY APPLY THE CER TIFIED SRECS 25
GENERATED IN ACCORDA NCE WITH THIS SECTIO N TOWARD THE RENEWAB LE 26
ENERGY PORTF OLIO STANDARD STARTI NG WITH THE 2025 COMPLIANCE YEAR . 27
(4) NOTWITHSTANDING ANY O THER LAW, THE COMMISSION SHALL 28
ALLOW ELECTRICITY SU PPLIERS TO DEMONSTRA TE COMPLIANCE WITH T HE 29
RENEWABLE ENERGY POR TFOLIO STANDARD FOR THE 2025 COMPLIANCE YEAR BY 30
SUBMITTING I NFORMATION BETWEEN JULY 1, 2026, AND DECEMBER 31, 2026, 31
USING THE REVISED SY STEM DEVELOPED IN AC CORDANCE WITH PARAGR APH (2)(II) 32
OF THIS SUBSECTION . 33
14 SENATE BILL 783
7–712. 1
Subject to § 2–1257 of the State Government Article, on or before December 1 of each 2
year the Commission shall report to the General Assembly on the status of implementation 3
of this subtitle, including: 4
(1) the availability of Tier 1 renewable sources[,]; 5
(2) projects supported by the Fund[,]; 6
(3) INFORMATION REGARDIN G THE STATUS OF THE SMALL SOLAR 7
ENERGY GENERATING SYSTEM INCENTIVE PROGRAM ESTABLISHED U NDER § 8
7–709.1 OF THIS SUBTITLE , INCLUDING THE TOTAL AMOUNT OF GENERATING 9
CAPACITY OF THE SYST EMS CERTIFIED UNDER THE PROGRAM; and 10
(4) other pertinent information. 11
7–714. 12
THE DEVELOPER OF A SO LAR ENERGY GENERATIN G SYSTEM THAT HAS A 13
GENERATING CAPACITY OVER 1 MEGAWATT , AS MEASURED BY THE A LTERNATING 14
CURRENT RATING OF TH E SYSTEM’S INVERTER, SHALL ENSURE THAT WO RKERS ARE 15
PAID NOT LESS THAN T HE PREVAILING WAGE RATE D ETERMINED UNDER TITLE 17, 16
SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT ARTICLE, UNLESS THE 17
SYSTEM IS SUBJECT TO A PROJECT LABOR AGRE EMENT THAT: 18
(1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE 19
SYSTEM THROUGH THE I NCLUSION OF SPECIFICATIONS IN AL L RELEVANT 20
SOLICITATION PROVISI ONS AND CONTRACT DOC UMENTS; 21
(2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTOR S TO COMPETE 22
FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO 23
WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARG AINING 24
AGREEMENTS ; 25
(3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF 26
EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EM PLOYED ON THE PROJEC TS; 27
(4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB 28
DISRUPTIONS; 29
(5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING 30
LABOR DISPUTES ; AND 31
SENATE BILL 783 15
(6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED BY THE PARTIES 1
TO PROMOTE SUCCESSFU L DELIVERY OF THE SY STEM. 2
Article – State Government 3
9–20B–05. 4
(a) There is a Maryland Strategic Energy Investment Fund. 5
(b) The purpose of the Fund is to implement the Strategic Energy Investment 6
Program. 7
(c) The Administration shall administer the Fund. 8
(G–1) UP TO 10% OF THE PROCEEDS RECE IVED BY THE FUND FROM 9
COMPLIANCE FEES UNDE R § 7–705(B)(2)(I)2 OF THE PUBLIC UTILITIES ARTICLE 10
SHALL BE CREDITED TO AN ADMINISTRATIVE EX PENSE ACCOUNT FOR CO STS 11
RELATED TO THE ADMIN ISTRATION OF THE FUND. 12
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 13
as follows: 14
Article – State Government 15
9–2016. 16
(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 17
INDICATED. 18
(2) “ELIGIBLE CUSTOMER –GENERATOR ” HAS THE MEANING STAT ED 19
IN § 7–306 OF THE PUBLIC UTILITIES ARTICLE. 20
(3) “LOW TO MODERATE INCOM E” MEANS A HOUSEHOLD WI TH AN 21
ANNUAL HOUSEHOLD INC OME AT OR BELOW 150% OF THE AVERAGE MEDIA N INCOME 22
FOR THE STATE. 23
(4) “PROGRAM” MEANS THE CUSTOMER–SITED SOLAR PROGRAM 24
ESTABLISHED IN THIS SECTION. 25
(B) THERE IS A CUSTOMER–SITED SOLAR PROGRAM IN THE 26
ADMINISTRATION . 27
(C) THE PURPOSE OF THE PROGRAM IS TO: 28
16 SENATE BILL 783
(1) INCREASE DEPLOYMENT OF CUSTOMER –SITED SOLAR ENERGY 1
GENERATING SYSTEMS ; AND 2
(2) PROVIDE GRANTS TO EL IGIBLE CUSTOMER –GENERATORS THAT 3
HAVE INSTALLED SOLAR ENERGY GENERATING SY STEMS WITH OR WITHOU T ENERGY 4
STORAGE. 5
(D) (1) THE ADMINISTRATION SHALL : 6
(I) ON OR BEFORE JANUARY 1, 2025, ESTABLISH APPLICATIO N 7
AND INCOME VERIFICAT ION PROCEDURES FOR T HE PROGRAM; AND 8
(II) AWARD GRANTS FROM TH E PROGRAM. 9
(2) AN APPLICANT FOR A GR ANT UNDER THIS SECTI ON SHALL: 10
(I) INCLUDE IN THE APPLI CATION AN EXECUTED CONTRACT TO 11
PURCHASE OR LEASE A SOLAR ENERGY GENERAT ING SYSTEM OR AN EXE CUTED 12
POWER PURCHASE AGREE MENT FOR THE SYSTEM ; 13
(II) DEMONSTRATE THAT AN AGREEMENT ENTERED IN TO 14
BETWEEN A THIRD PART Y AND AN ELIGIBLE CU STOMER–GENERATOR MEETS THE 15
MINIMUM BENEFITS P UBLISHED UNDER SUBSE CTION (J) OF THIS SECTION; AND 16
(III) INCLUDE A SIGNED DIS CLOSURE FORM DEVELOP ED UNDER 17
SUBSECTION (L) OF THIS SECTION. 18
(E) THE PROGRAM MAY PROVIDE G RANTS TO AN INCOME –VERIFIED 19
ELIGIBLE CUSTOMER –GENERATOR WITH A LOW TO MODERATE INCOME IN AN 20
AMOUNT EQUAL TO $750 PER KILOWATT OF NAME PLATE CAPACITY FOR A SOLAR 21
ENERGY GENERATING SY STEM, UP TO A MAXIMUM OF $7,500 PER SYSTEM. 22
(F) A GRANT AWARDED UNDER SUBSECTION (E) OF THIS SECTION SHAL L BE 23
FUNDED FROM FEES COL LECTED UNDER § 7–705(B)(2)(I)2 OF THE PUBLIC 24
UTILITIES ARTICLE AND ALLOCATED IN ACCORDANCE WITH § 9–20B–05(G–1) OF 25
THIS TITLE. 26
(G) THE ADMINISTRATION SHALL USE THE INCOME VERIF ICATION 27
PROCESSES UNDER § 7–306.2(F)(1)(IV)1 THROUGH 6 OF THE PUBLIC UTILITIES 28
ARTICLE TO VERIFY INC OME FOR AN ELIGIBLE C USTOMER–GENERATOR WITH A LOW 29
TO MODERATE INCOME . 30
(H) A THIRD PARTY MAY : 31
SENATE BILL 783 17
(1) APPLY FOR A GRANT ON BEHALF OF AN ELIGIBL E 1
CUSTOMER–GENERATOR WITH PROOF OF CONSENT FROM THE ELIGIBLE 2
CUSTOMER–GENERATOR ; AND 3
(2) BE ASSIGNED A GRANT BY THE ELIGIBLE CUST OMER–GENERATOR 4
TO ACT ON BEHALF OF THE ELIGIBLE CUSTOME R–GENERATOR . 5
(I) (1) FUNDING USED FOR GRAN TS UNDER THIS SECTIO N SHALL BE 6
MONITORED THROUGH AN APPLICATION PROCESS MAINTAINED BY THE 7
ADMINISTRATION AND VI SIBLE ON THE ADMINISTRATIO N’S WEBSITE. 8
(2) DATA ON THE ADMINISTRATION ’S WEBSITE SHALL: 9
(I) INCLUDE THE AMOUNT O F FUNDING AVAILABLE , RESERVED, 10
AND SPENT FOR THE FI SCAL YEAR; AND 11
(II) BE UPDATED REGULARLY . 12
(J) THE ADMINISTRATION SHALL PUBLISH: 13
(1) THE DISCLOSURE FORM DEVELOPED UNDER SUBS ECTION (L) OF 14
THIS SECTION; AND 15
(2) THE MINIMUM BENEFITS THAT AN ELIGIBLE 16
CUSTOMER–GENERATOR MUST RECEI VE UNDER AN AGREEMEN T WITH A THIRD 17
PARTY. 18
(K) A SOLAR ENERGY GENERAT ING SYSTEM SHALL BE INSTALLED WITHIN 19
180 DAYS AFTER A GRANT UNDER THIS SECTION I S RESERVED BY THE 20
ADMINISTRATION FOR AN ELIGIBLE CUSTOMER –GENERATOR . 21
(L) (1) THE ADMINISTRATION SHALL DEVELOP A CONSUMER 22
PROTECTION POLICY IN CONSULTATION WITH RE PRESENTATIVES OF THE 23
CUSTOMER–SITED SOLAR INDUSTRY . 24
(2) THE CONSUME R PROTECTION POLICY DEVELOPED UNDER 25
PARAGRAPH (1) OF THIS SUBSECTION S HALL: 26
(I) INCLUDE A DISCLOSURE FORM FOR SOLAR ENERG Y POWER 27
PURCHASE AGREEMENTS , SOLAR ENERGY LEASE A GREEMENTS , AND SOLAR ENERGY 28
LOAN AGREEMENTS THAT MUST BE SIGNED BY AN ELIGIBLE 29
CUSTOMER–GENERATOR BEFORE ENT ERING INTO THE AGREE MENT; 30
18 SENATE BILL 783
(II) FOR A SOLAR ENERGY P OWER PURCHASE AGREEM ENT OR A 1
SOLAR ENERGY LEASE A GREEMENT, PROHIBIT AN ANNUAL R ATE INCREASE OF MORE 2
THAN 3%; 3
(III) ALLOW A CUSTOMER –GENERATOR TO CANCEL AN 4
AGREEMENT ENTE RED INTO WITH A THIR D PARTY UP TO 30 DAYS AFTER SIGNING 5
THE AGREEMENT ; AND 6
(IV) BE EASILY ACCESSIBLE ON THE ADMINISTRATION ’S 7
WEBSITE AND SOCIAL M EDIA PLATFORMS . 8
9–20B–05. 9
(f) The Administration shall use the Fund: 10
(12) to provide at least $500,000 each year to the Resiliency Hub Grant 11
Program Fund under § 9–2011 of this title; [and] 12
(13) TO PROVIDE GRANTS TH ROUGH THE CUSTOMER–SITED SOLAR 13
PROGRAM UNDER § 9–2016 OF THIS TITLE; AND 14
[(13)] (14) to pay the expenses of the Program. 15
(g–1) [Up to 10% of the proceeds] PROCEEDS received by the Fund from compliance 16
fees under § 7–705(b)(2)(i)2 of the Public Utilities Article shall be ALLOCATED AS 17
FOLLOWS: 18
(1) BEGINNING IN FISCAL YEAR 2025, AT LEAST 20% OF THE 19
PROCEEDS SHALL BE USED TO PRO VIDE GRANTS TO SUPPO RT THE INSTALLATION OF 20
NEW SOLAR ENERGY GEN ERATING SYSTEMS UNDE R THE CUSTOMER–SITED SOLAR 21
PROGRAM; 22
(2) UP TO 10% OF THE PROCEEDS SHAL L BE credited to an 23
administrative expense account for costs related to the administration of the Fund; 24
(3) PROCEEDS COLLECTED B UT UNUSED FROM A PRE VIOUS YEAR 25
SHALL BE USED BEFORE PROCEEDS ALLOCATED F OR THE CURRENT YEAR ; AND 26
(4) THE ADMINISTRATION SHALL REALLOCATE TO OTHER 27
AUTHORIZED USES ANY PROCEEDS THAT ARE NO T USED WITHIN 3 FISCAL YEARS 28
AFTER COLLECTION . 29
(i) (1) Except as provided in paragraph (2) of this subsection, compliance fees 30
paid under § 7–705(b) of the Public Utilities Article may be used only to make loans and 31 SENATE BILL 783 19
grants to support the creation of new Tier 1 renewable energy sources in the State that are 1
owned by or directly benefit: 2
(i) low– to moderate–income communities located in a census tract 3
with an average median income at or below 80% of the average median income for the State; 4
or 5
(ii) overburdened or underserved communities, as defined in § 1–701 6
of the Environment Article. 7
(2) Compliance fees paid under § 7–705(b)(2)(i)2 of the Public Utilities 8
Article shall be accounted for separately within the Fund and may be used only to make 9
loans and grants to support the creation of new solar energy sources in the State that are 10
owned by or directly benefit: 11
(i) low– to moderate–income communities located in a census tract 12
with an average median income at or below 80% of the average median income for the State; 13
[or] 14
(ii) overburdened or underserved communities, as defined in § 1–701 15
of the Environment Article; OR 16
(III) HOUSEHOLDS WITH LOW TO MODERATE INCOME , AS 17
DEFINED IN § 9–2016 OF THIS TITLE. 18
SECTION 2. 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 19
as follows: 20
Article – Tax – Property 21
1–101. 22
(j) (1) “Department” means the State Department of Assessments and 23
Taxation. 24
(2) “Department” includes, unless the context requires otherwise, a 25
supervisor. 26
7–237. 27
(c) (1) (i) In this subsection the following words have the meanings 28
indicated. 29
(ii) “Agrivoltaics” means the simultaneous use of areas of land for 30
both solar power generation and agriculture. 31
20 SENATE BILL 783
(iii) “Brownfield” means: 1
1. a former industrial or commercial site identified by federal 2
or State laws or regulations as contaminated or polluted; or 3
2. a closed municipal or rubble landfill regulated under a 4
refuse disposal permit by the Department of the Environment. 5
(iv) “Community solar energy generating system” has the meaning 6
stated in § 7–306.2 of the Public Utilities Article. 7
(v) “Electric company” has the meaning stated in § 1–101 of the 8
Public Utilities Article. 9
(2) This subsection applies through the life cycle of a community solar 10
energy generating system that: 11
(i) is placed in service after June 30, 2022; and 12
(ii) has been approved on or before December 31, [2025] 2030, by 13
the Public Service Commission under § 7–306.2 of the Public Utilities Article. 14
(3) Personal property is exempt from county or municipal corporation 15
property tax if the property is machinery or equipment that is part of a community solar 16
energy generating system that: 17
(i) has a generating capacity that does not exceed 2 5 megawatts as 18
measured by the alternating current rating of the system’s inverter; 19
(ii) provides at least 50% of the energy it produces to low– or 20
moderate–income customers at a cost that is at least 20% less than the amount charged by 21
the electric company that serves the area where the community solar energy generating 22
system is located; and 23
(iii) 1. is used for agrivoltaics; or 24
2. is installed on a rooftop, brownfield, parking facility 25
canopy, landfill, or clean fill. 26
(4) On or before October 1 each year, the Department shall report to the 27
Senate Budget and Taxation Committee and the House Ways and Means Committee, in 28
accordance with § 2–1257 of the State Government Article, on the number and location of 29
projects that, in the immediately preceding taxable year, have received the exemption 30
under this subsection. 31
7–249. 32 SENATE BILL 783 21
(A) THIS SECTION APPLIES ONLY TO NONRESIDENTI AL SOLAR ENERGY 1
GENERATING SYSTEMS T HAT ARE APPROVED BY THE PUBLIC SERVICE COMMISSION 2
UNDER § 7–207 OR § 7–207.1 OF THE PUBLIC UTILITIES ARTICLE ON OR AFTER 3
JULY 1, 2024. 4
(B) NONRESIDENTIAL SOLAR ENERGY GENERATING SY STEMS THAT ARE 5
CONSTRUCTED ON THE R OOFTOPS OF BUILDINGS OR ON PARKING FACILI TY 6
CANOPIES ARE NOT SUB JECT TO VALUATION OR TO PROPERTY TAX . 7
7–250. 8
(A) THIS SECTION APPLIES ONLY TO REAL PROPERT Y THAT INCLUDES A 9
PARKING FACILITY ON WHICH A SOLAR ENERGY GENERATING SYSTEM HA S BEEN 10
CONSTRUCTED ON ITS C ANOPY IF THE SOLAR E NERGY GENERATING SYS TEM HAS 11
BEEN APPROVED BY THE PUBLIC SERVICE COMMISSION UNDER § 7–207 OR § 12
7–207.1 OF THE PUBLIC UTILITIES ARTICLE ON OR AFTER JULY 1, 2024. 13
(B) THE GOVERNING BODY OF A COUNTY OR MUNICIPA L CORPORATION MAY 14
REDUCE OR ELIMINATE , BY LAW, THE PERCENTAGE OF TH E ASSESSMENT OF ANY 15
REAL PROPERTY THAT I S SUBJECT TO THE COU NTY OR MUNICIPAL CORPORATION 16
PROPERTY TAX UNDER T HIS ARTICLE IF THE R EAL PROPERTY INCLUDE S A PARKING 17
FACILITY ON WHICH A SOLAR ENERGY GENERAT ING SYSTEM HAS BEEN 18
CONSTRUCTED ON ITS C ANOPY. 19
(B) (C) (1) A COUNTY OR MUNICIPAL CORPORATION THAT RED UCES 20
OR ELIMINATES TH E PERCENTAGE OF ASSE SSMENT OF TAXABLE RE AL PROPERTY 21
UNDER SUBSECTION (A) (B) OF THIS SECTION SHAL L SUBMIT A COPY OF T HE LAW TO 22
THE DEPARTMENT . 23
(2) IF THE DEPARTMENT RECEIVES A COPY OF THE LAW ON O R 24
BEFORE MAY 1, THE CHANGE WILL BE E FFECTIVE FOR THE TAXABLE YEAR 25
FOLLOWING THE DATE T HE LAW IS ENACTED . 26
(C) (D) IF ANY REAL PROPERTY IS EXEMPT UNDER SUBS ECTION (B) (C) OF 27
THIS SECTION FROM CO UNTY PROPERTY TAX BU T IS SUBJECT TO MUNI CIPAL 28
CORPORATION PROPERTY TAX, THE DEPARTMENT OR THE SUP ERVISOR SHALL 29
PROVIDE THE MUNICIPAL CO RPORATION WITH THE A SSESSMENT OF THE REA L 30
PROPERTY. 31
(D) (E) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT 32
THIS SECTION. 33
7–522. 34 22 SENATE BILL 783
THE GOVERNING BODY OF A COUNTY SHALL EXEMP T OR PARTIALLY EXEMP T 1
A GROUND–MOUNTED SOLAR ENERGY GENERATING SYSTEM FR OM THE COUNTY 2
REAL OR PERSONAL PRO PERTY TAX IF THE OWN ER OF THE SYSTEM AND THE 3
COUNTY ENTER INTO A PAYMENT IN LIEU OF T AXES AGREEMENT , APPROVED BY 4
ORDINANCE OF THE LEG ISLATIVE BODY OF THE COUNTY, THAT SPECIFIES: 5
(1) THAT THE OWNER OF THE SYSTEM SHALL PAY TO THE COUNTY 6
EACH YEAR IN LIEU OF THE PAYMENT OF COUNT Y REAL OR PERSONAL P ROPERTY 7
TAXES DURING THE TER M OF THE AGREEMENT T HE SUM OF $2,500 PER MEGAWATT 8
OF GENERATING CAPACI TY OF THE SYSTEM , AS MEASURED BY THE A LTERNATING 9
CURRENT RATI NG OF THE SYSTEM ’S INVERTER; 10
(2) THE TERM OF THE AGRE EMENT; AND 11
(3) THAT EACH YEAR AFTER THE EXPIRATION OR TE RMINATION OF 12
THE AGREEMENT , FULL REAL AND PERSON AL PROPERTY TAXES SH ALL BE PAYABLE 13
ON THE PROPERTY . 14
SECTION 3. 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 15
as follows: 16
Article – Public Utilities 17
7–306. 18
(g) (1) Except as provided in paragraphs [(6) and (7)] (6), (7), AND (8) of this 19
subsection, the generating capacity of an electric generating system used by an eligible 20
customer–generator for net metering may not exceed 2 megawatts. 21
(2) An electric generating system used by an eligible customer–generator 22
for net metering shall meet all applicable safety and performance standards established by 23
the National Electrical Code, the Institute of Electrical and Electronics Engineers, and 24
Underwriters Laboratories. 25
(3) The Commission may adopt by regulation additional control and testing 26
requirements for eligible customer–generators that the Commission determines are 27
necessary to protect public safety and system reliability. 28
(4) An electric company may not require an eligible customer–generator 29
whose electric generating system meets the standards of paragraphs (2) and (3) of this 30
subsection to: 31
(i) install additional controls; 32
SENATE BILL 783 23
(ii) perform or pay for additional tests; or 1
(iii) purchase additional liability insurance. 2
(5) An eligible customer–generator or the eligible customer–generator’s 3
assignee shall own and have title to all renewable energy attributes or renewable energy 4
credits associated with any electricity produced by its electric generating system. 5
(6) The Commission may not prohibit the construction or operation of 6
multiple net metered solar energy generating facilities located on separate contiguous lots 7
that are owned by a local government solely because the capacity of the combined net 8
metering systems exceeds the limit established under paragraph (1) of this subsection, if: 9
(i) the net metered solar energy generating facilities are intended to 10
be used solely for the benefit of the local government; 11
(ii) the total capacity of the net metered solar energy generating 12
facilities on the contiguous lots does not exceed 5 megawatts; 13
(iii) the contiguous lots were not subdivided for the purpose of 14
circumventing the limit established under paragraph (1) of this subsection; and 15
(iv) the utility serving the net metered solar energy generating 16
facilities is not an electric cooperative or municipal electric utility. 17
(7) The generating capacity of a community solar energy generating system 18
established under § 7–306.2 of this subtitle that is used for net metering may not exceed 5 19
megawatts. 20
(8) THE GENERATING CAPACI TY OF A NET METERED FACILITY THAT 21
IS METER AGGREGATED UNDER § 7–306.3 OF THIS SUBTITLE MAY NOT EXCEED 5 22
MEGAWATTS . 23
(I) NOTWITHSTANDING THE G ENERATING CAPACITY L IMITS ESTABLISHED 24
IN SUBSECTION (G) OF THIS SECTION , AN ELIGIBLE CUSTOMER–GENERATOR 25
PARTICIPATING IN MET ER AGGREGATION UNDER § 7–306.2 OR § 7–306.3 OF THIS 26
SUBTITLE MAY RECEIVE EXCESS GENERATION FR OM MORE THAN ONE GEN ERATING 27
SYSTEM, INCLUDING IF THE COM BINED GENERATING CAP ACITY OF ALL NET 28
METERED FACILITIES T HAT ARE MET ER AGGREGATED EXCEED S 5 MEGAWATTS . 29
[(i)] (J) On or before November 1 of each year, the Commission shall report to 30
the General Assembly, in accordance with § 2–1257 of the State Government Article, on the 31
status of the net metering program under this section, including: 32
(1) the amount of capacity of electric generating facilities owned and 33
operated by eligible customer–generators in the State by type of energy resource; 34 24 SENATE BILL 783
(2) based on the need to encourage a diversification of the State’s energy 1
resource mix to ensure reliability, whether the rated generating capacity limit in subsection 2
(d) of this section should be altered; and 3
(3) other pertinent information. 4
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 5
as follows: 6
Article – Public Utilities 7
5–305. 8
(a) This section applies to a project by an investor–owned gas company, electric 9
company, or combination gas and electric company involving the construction, 10
reconstruction, installation, demolition, restoration, or alteration of any underground gas 11
or electric infrastructure of the company, and any related traffic control activities. 12
(b) An investor–owned gas company, electric company, or combination gas and 13
electric company shall require a contractor or subcontractor on a project described in 14
subsection (a) of this section to pay its employees not less than the prevailing wage rate 15
determined solely by the Commissioner of Labor and Industry in a process substantially 16
similar to the process established under Title 17, Subtitle 2 of the State Finance and 17
Procurement Article. 18
(c) In accordance with Title 3, Subtitle 5 of the Labor and Employment Article, 19
the Maryland Department of Labor shall enforce the requirement under subsection (b) of this 20
section for contractors and subcontractors to pay employees not less than the prevailing wage 21
rate determined solely by the Commissioner of Labor and Industry. 22
SECTION 6. AND BE IT FURTHER ENACTED, That nothing in Section 5 of this 23
Act or in § 7–714 of the Public Utilities Article, as enacted by Section 1 of this Act, shall be 24
construed to apply to or be interpreted to have any effect on or application to any contract 25
awarded before June 1, 2024 Section 5 of this Act shall be construed to apply retroactively 26
and shall be applied to and interpreted to affect contracts for projects by an investor–owned 27
gas company, electric company, or combination gas and electric company involving the 28
construction, reconstruction, installation, demolition, restoration, or alteration of any 29
underground gas or electric infrastructure of the company, and any related traffic control 30
activities entered into on and after March 1, 2024. 31
SECTION 3. 4. 7. AND BE IT FURTHE R ENACTED, That, except as provided in 32
Section 6 of this Act, a presently existing obligation or contract right may not be impaired 33
in any way by this Act. 34
SECTION 4. 5. 8. AND BE IT FURTHER ENACTED, That Section 2 3 of this Act 35
shall be applicable to all taxable years beginning after June 30, 2024. 36 SENATE BILL 783 25
SECTION 9. AND BE IT FURTHER ENACTED, That § 7–714 of the Public Utilities 1
Article, as enacted by Section 1 of this Act, shall be construed to apply only prospectively and 2
may not be applied or interpreted to have any effect on or application to the development of 3
a solar energy generating system begun before the effective date of this Act. 4
SECTION 10. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall 5
take effect July 1, 2024. It shall remain effective for a period of 3 years and, at the end of 6
June 30, 2027, Section 2 of this Act, with no further action required by the General Assembly, 7
shall be abrogated and of no further force and effect. 8
SECTION 6. 10. 11. AND BE IT FURTHER ENACTED, That Section 3 4 of this Act 9
shall take effect January 1, 2025. 10
SECTION 5. 7. 11. 12. AND BE IT FURTHER ENACTED, That , except as provided 11
in Section 6 Sections 9 and 10 10 and 11 of this Act, this Act shall take effect June 1, 2024. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.