WES MOORE, Governor Ch. 595
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Chapter 595
(Senate Bill 783)
AN ACT concerning
Renewable Energy – Net Energy Metering Aggregation, Solar Renewable
Energy Credits Certified SRECs and Compliance Fees, Labor Requirements,
and Taxes on Solar Energy Generating Systems
Public Utilities – Solar Energy Systems and Programs, Maryland Strategic
Energy Investment Fund, and Prevailing Wage
(Brighter Tomorrow Act)
FOR the purpose of requiring that certain home improvement contracts for the installation
of a solar energy generating system on the roof of a building include the installation
of a certain wildlife barrier under certain circumstances; requiring a county or
municipality to implement certain software for features supporting the tracking and
approval of residential building permits for certain residential solar energy projects,
residential energy storage projects, and main electric panel alterations by a certain
date except under certain circumstances; requiring the Maryland Energy
Administration to delay the implementation of or suspend a certain requirement
under certain circumstances; altering the maximum generating capacity authorized
for certain net metered generating facilities; authorizing an eligib le
customer–generator participating in certain meter aggregation to receive excess
generation from more than one generating system; altering the expiration date of
renewable energy credits; requiring the Public Service Commission to establish a
Small Solar Energy Generating System Incentive Program to provide certain
certified systems with a certain additional percentage of renewable energy credits
certain certified SRECs that may be put toward meeting the renewable energy
portfolio standard for solar energy; providing that a certified system is eligible to
receive an additional percentage of renewable energy credits for the life cycle of the
system certain certified SRECs for a certain period of time; requiring an owner of a
certain solar energy generating system to pay a certain fee to the Commission;
increasing the duration of a certain renewable energy credit under certain
circumstances; requiring that certain prevailing wage provisions apply to the
construction of a certain certified solar energy generating system unless the system
is subject to a certain project labor agreement; establishing the Customer–Sited Solar
Program within the Maryland Energy Administration for the purpose of providing
grants to certain eligible customer–generators for certain solar energy generating
systems; authorizing a third party to apply for a grant on behalf of an eligible
customer–generator under certain circumstances; requiring the Administration to
publish certain information regarding the Program; requiring the Administration to
develop a certain consumer protection policy; providing for the funding of Program
grants from certain fees in the Maryland Strategic Energy Investment Fund;
requiring a certain percentage of proceeds received by the Maryland Strategic
Energy Investment Fund from certain compliance fees to be credited to a certain
account for certain purposes; extending for a certain number of years a certain Ch. 595 2024 LAWS OF MARYLAND
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personal property tax exemption for certain community solar energy generating
system projects; exempting certain nonresidential solar generating systems from the
State or local real or personal property tax; authorizing a county or municipal
corporation to reduce or eliminate an assessment on certain real property on which
a certain solar energy generating system is located; applying certain prevailing wage
requirements for contractors and subcontractors working on certain projects
involving, and traffic control activities related to, any underground gas or electric
infrastructure of an investor–owned gas or electric infrastructure project of the
company; requiring a county to enter into a certain payment in lieu of taxes
agreement with an owner of a certain ground–mounted solar generating facility
under certain circumstances; and generally relating to renewable energy facilities
and contracts and tax provisions for renewable energy facilities and public utility
activities.
BY repealing and reenacting, without amendments,
Article – Business Regulation
Section 8–501(a)
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY adding to
Article – Business Regulation
Section 8–501(f)
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY adding to
Article – Local Government
Section 1–1319
Annotated Code of Maryland
(2013 Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Utilities
Section 7–306(g) and (i), 7–709(d), and 7–712
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY adding to
Article – Public Utilities
Section 7–306(i) and, 7–709.1, and 7–714
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY adding to
Article – State Government WES MOORE, Governor Ch. 595
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Section 9–2016 and 9–20B–05(f)(13) and (g–1)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – State Government
Section 9–20B–05(a) through (c)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 9–20B–05(f)(12) and (13) and (i)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to repealing and reenacting, with amendments,
Article – State Government
Section 9–20B–05(g–1)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
(As enacted by Section 1 of this Act)
BY repealing and reenacting, without amendments,
Article – Tax – Property
Section 1–101(j)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Tax – Property
Section 7–237(c)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY adding to
Article – Tax – Property
Section 7–249, 7–250, and 7–522 Section 7–249 and 7–250
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Public Utilities
Section 5–305
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement) Ch. 595 2024 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Regulation
8–501.
(a) A home improvement contract that does not comply with this section is not
invalid merely because of noncompliance.
(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A
HOME IMPROVEMENT CON TRACT FOR THE INSTAL LATION OF A SOLAR EN ERGY
GENERATING SYSTEM ON THE ROOF OF A BUILDI NG SHALL INCLUDE THE
INSTALLATION OF A BA RRIER THAT MEETS IND USTRY STANDARDS TO P REVENT
WILDLIFE INTRUSION A ND DAMAGE TO THE SOL AR ENERGY GENERATING SYSTEM
OR THE UNDERLYING RO OF.
(2) A HOME IMPROVEMENT CON TRACT FOR THE INSTAL LATION OF A
SOLAR ENERGY GENERAT ING SYSTEM ON THE ROOF O F A BUILDING IS NOT
REQUIRED TO INCLUDE THE INSTALLATION OF A BARRIER AS SPECIFI ED UNDER
PARAGRAPH (1) OF THIS SUBSECTION I F THE CUSTOMER HAS W AIVED THE
INSTALLATION OF THE BARRIER AFTER BEING INFORMED OF THE COST OF THE
BARRIER AND THE RISKS OF NOT INSTALL ING A WILDLIFE BARRI ER.
Article – Local Government
1–1319.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “ADMINISTRATION ” MEANS THE MARYLAND ENERGY
ADMINISTRATION .
(3) “RESIDENTIAL ENERGY STORAGE SYSTEM ” MEANS A SYSTEM , ON
A RESIDENTIAL CUSTOM ER’S SIDE OF THE METER , USED TO STORE ELECTR ICAL
ENERGY, OR MECHANICAL , CHEMICAL, OR THERMAL ENERGY TH AT WAS ONCE
ELECTRICAL ENERGY , FOR USE AS ELECTRICA L ENERGY AT A LATER DATE OR IN A
PROCESS THAT OF FSETS ELECTRICITY US E AT PEAK TIMES.
(4) “RESIDENTIAL SOLAR ENE RGY SYSTEM ” MEANS ANY
CONFIGURATION OF SOL AR ENERGY DEVICES TH AT COLLECTS AND DIST RIBUTES WES MOORE, Governor Ch. 595
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SOLAR ENERGY FOR THE PURPOSE OF GENERATIN G ELECTRICITY AND TH AT HAS A
SINGLE RESIDENTIAL I NTERCONNECTION WITH THE ELECTRICAL GRID .
(5) “SOLAR PERMITTING SOFT WARE” MEANS:
(I) THE MOST RECENT VERS ION OF A WEB–BASED PLATFORM ,
DEVELOPED BY THE NATIONAL RENEWABLE ENERGY LABORATORY, THAT PROVIDES
A STANDARD PORTAL FO R RECEIVING AND PROC ESSING RESIDENTIAL S OLAR
ENERGY SYSTEM AND RE SIDENTIAL ENERGY STO RAGE SYSTEM PERMIT
INFORMATION; OR
(II) AUTOMATED SOFTWARE T HAT FUNCTIONS TO SUP PORT THE
TRACKING AND APPROVA L OF RESIDENTIAL BUI LDING PERMITS FOR RE SIDENTIAL
SOLAR ENERGY SYSTEMS , RESIDENTIAL ENERGY S TORAGE SYSTEMS , MAIN
ELECTRICAL PANEL UPG RADES, AND MAIN ELECTRICAL PANEL DEVICES.
(B) THIS SECTION APPLIES TO ALL COUNTIES AND MUNICIPALITIES .
(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION AND EXCEPT AS
PROVIDED IN SUBSECTI ON (E) OF THIS SECTION , ON OR BEFORE AUGUST 1, 2025,
EACH COUNTY AND MUNI CIPALITY SHALL IMPLE MENT SOLA R PERMITTING
SOFTWARE FOR FEATURE S SUPPORTING THE TRA CKING AND APPROVAL O F
RESIDENTIAL BUILDING PERMITS FOR:
(1) RESIDENTIAL SOLAR EN ERGY SYSTEMS ;
(2) RESIDENTIAL ENERGY S TORAGE SYSTEMS ;
(3) MAIN ELECTRIC PANEL UPGRADES; AND
(4) MAIN ELECTRIC P ANEL DERATES .
(D) A COUNTY OR MUNICIPALI TY MAY NOT BE REQUIR ED TO COMPLY WITH
THE REQUIREMENTS OF SUBSECTION (C) OF THIS SECTION IF:
(1) THE COUNTY OR MUNICI PALITY DOES NOT REQU IRE A PERMIT
FOR:
(I) RESIDENTIAL SOLAR EN ERGY SYSTEMS ; OR
(II) RESIDENTIAL SOLAR ENER GY SYSTEMS PAIRED WI TH A
RESIDENTIAL SOLAR EN ERGY STORAGE SYSTEM ; OR
Ch. 595 2024 LAWS OF MARYLAND
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(2) AS DETERMINED BY THE ADMINISTRATION , THE AUTOMATED
SOFTWARE IS NO LONGE R UPDATED OR MAINTAI NED.
(E) THE ADMINISTRATION SHALL DELAY THE INITIAL IM PLEMENTATION OR
SUSPEND THE REQUIREM ENTS OF SUBSECTION (C) OF THIS SECTION IF T HERE ARE
INSUFFICIENT STATE OR FEDERAL FUND S AVAILABLE TO THE ADMINISTRATION TO
PROVIDE FINANCIAL SU PPORT TO A COUNTY OR MUNICIPALITY IMPLEME NTING
SOLAR PERMITTING SOF TWARE AS DEFINED IN SUBSECTION (A)(5)(I) OF THIS
SECTION.
Article – Public Utilities
7–306.
(g) (1) Except as provided in paragraphs [(6) and (7)] (6), (7), AND (8) of this
subsection, the generating capacity of an electric generating system used by an eligible
customer–generator for net metering may not exceed 2 megawatts.
(2) An electric generating system used by an eligible customer–generator
for net metering shall meet all applicable safety and performance standards established by
the National Electrical Code, the Institute of Electrical and Electronics Engineers, and
Underwriters Laboratories.
(3) The Commission may adopt by regulation additional control and testing
requirements for eligible customer–generators that the Commission determines are
necessary to protect public safety and system reliability.
(4) An electric company may not require an eligible customer–generator
whose electric generating system meets the standards of paragraphs (2) and (3) of this
subsection to:
(i) install additional controls;
(ii) perform or pay for additional tests; or
(iii) purchase additional liability insurance.
(5) An eligible customer–generator or the eligible customer–generator’s
assignee shall own and have title to all renewable energy attributes or renewable energy
credits associated with any electricity produced by its electric generating system.
(6) The Commission may not prohibit the construction or operation of
multiple net metered solar energy generating facilities located on separate contiguous lots
that are owned by a local government solely because the capacity of the combined net
metering systems exceeds the limit established under paragraph (1) of this subsection, if: WES MOORE, Governor Ch. 595
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(i) the net metered solar energy generating facilities are intended to
be used solely for the benefit of the local government;
(ii) the total capacity of the net metered solar energy generating
facilities on the contiguous lots does not exceed 5 megawatts;
(iii) the contiguous lots were not subdivided for the purpose of
circumventing the limit established under paragraph (1) of this subsection; and
(iv) the utility serving the net metered solar energy generating
facilities is not an electric cooperative or municipal electric utility.
(7) The generating capacity of a community solar energy generating system
established under § 7–306.2 of this subtitle that is used for net metering may not exceed 5
megawatts.
(8) THE GENERATING CAPACI TY OF A NET METERED FACILITY THAT
IS METER AGGREGATED UNDER § 7–306.3 OF THIS SUBTITLE MAY NOT EXCEED 5
MEGAWATTS .
(I) NOTWITHSTANDING THE G ENERATING CAPACITY L IMITS ESTABLISHED
IN SUBSECTION (G) OF THIS SECTION , AN ELIGIBLE CUSTOMER –GENERATOR
PARTICIPATING IN MET ER AGGREGATION UNDER § 7–306.2 OR § 7–306.3 OF THIS
SUBTITLE MAY RECEIVE EXCESS GENERATION FR OM MORE THAN ONE GEN ERATING
SYSTEM, INCLUDING IF THE COM BINED GENERATING CAP ACITY OF ALL NET
METERED FACILITIES T HAT ARE METER AGGREGATED EXC EEDS 5 MEGAWATTS .
[(i)] (J) On or before November 1 of each year, the Commission shall report to
the General Assembly, in accordance with § 2–1257 of the State Government Article, on the
status of the net metering program under this section, including:
(1) the amount of capacity of electric generating facilities owned and
operated by eligible customer–generators in the State by type of energy resource;
(2) based on the need to encourage a diversification of the State’s energy
resource mix to ensure reliability, whether the rated generating capacity limit in subsection
(d) of this section should be altered; and
(3) other pertinent information.
7–709.
Ch. 595 2024 LAWS OF MARYLAND
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(d) (1) Except as PROVIDED IN § 7–709.1 OF THIS SUBTITLE AND
authorized under paragraph (2) of this subsection, a renewable energy credit shall exist for
3 5 years from the date created.
(2) A renewable energy credit may be diminished or extinguished before
the expiration of 3 5 years by:
(i) the electricity supplier that received the credit;
(ii) a nonaffiliated entity of the electricity supplier:
1. that purchased the credit from the electricity supplier
receiving the credit; or
2. to whom the electricity supplier otherwise transferred the
credit; or
(iii) demonstrated noncompliance by the generating facility with the
requirements of § 7–704(f) of this subtitle.
7–709.1.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “BROWNFIELD” HAS THE MEANING STAT ED IN § 7–207 OF THIS
TITLE.
(3) “CERTIFIED SREC” MEANS A SOLAR RENEWA BLE ENERGY
CREDIT GENERATED BY A CERTIFIED SYSTEM .
(4) “CERTIFIED SYSTEM ” MEANS A SOLAR ENERGY GENERATING
SYSTEM CERTIFIED BY THE COMMISSION AS ELIGIBLE TO RECEI VE ADDITIONAL
CREDITS UNDER THE PROGRAM UNDER THE PROGRAM TO GENERATE C ERTIFIED
SRECS WITH THE COMPLIANC E VALUE SPECIFIED IN SUBSECTION (C) OF THIS
SECTION.
(3) (5) “PROGRAM” MEANS THE SMALL SOLAR ENERGY
GENERATING SYSTEM INCENTIVE PROGRAM.
(B) THE COMMISSION SHALL ESTA BLISH A SMALL SOLAR ENERGY
GENERATING SYSTEM INCENTIVE PROGRAM.
WES MOORE, Governor Ch. 595
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(C) UNDER THE PROGRAM, SOLAR ENERGY GENERAT ING SYSTEMS THAT
ARE CERTIFIED BY THE COMMISSION IN ACCORDA NCE WITH THIS SECTIO N SHALL
BE ELIGIBLE TO RECEI VE ADDITIONAL SOLAR RENEWABLE ENERGY CRE DITS AS
PROVIDED IN THIS SECTION.
(C) (1) UNDER THE PROGRAM, A CERTIFIED SYSTEM S HALL GENERATE
CERTIFIED SRECS.
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION ,
THE PROVISIONS OF TH IS SUBTITLE RELATING TO RENEWABLE ENERGY CREDITS
SHALL APPLY TO CERTI FIED SRECS.
(3) A CERTIFIED SREC SHALL HAVE A COMPLIA NCE VALUE OF 150%
FOR ELECTRICITY SUPP LIERS TO PUT TOWARD MEETING THE R ENEWABLE ENERGY
PORTFOLIO STANDARD F OR ENERGY DERIVED FR OM SOLAR ENERGY UNDE R § 7–703
OF THIS SUBTITLE.
(D) TO BE ELIGIBLE FOR CE RTIFICATION UNDER TH E PROGRAM, A SOLAR
ENERGY GENERATING SY STEM SHALL:
(1) BE LOCATED IN THE STATE;
(2) BE ELIGIBLE FOR INCL USION IN MEETING THE RENEWABLE
ENERGY PORTFOLIO STA NDARD;
(3) HAVE A GENERATING CA PACITY OF 2 5 MEGAWATTS OR LESS , AS
MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE SYSTEM ’S INVERTER;
AND
(4) BE PLACED IN SERVICE BETWEEN JULY 1, 2024, AND JANUARY 1,
2028, INCLUSIVE; AND
(5) BE ONE OF THE FOLLOW ING TYPES OF SYSTEMS :
(I) A SYSTEM WITH A GENE RATING CAPACITY OF 20 KILOWATTS
OR LESS, AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE SYSTEM ’S
INVERTER;
(II) A SYSTEM WITH A GENERA TING CAPACITY OF 2 MEGAWATTS
OR LESS, AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE SYSTEM ’S
INVERTER, IF THE SYSTEM IS USE D FOR AGGREGATE NET METERING; OR
(III) A SYSTEM WITH A GENE RATING CAPACITY OF B ETWEEN 20
KILOWATTS AND 5 MEGAWATTS , AS MEASURED BY THE A LTERNATING CURRENT Ch. 595 2024 LAWS OF MARYLAND
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RATING OF THE SYSTEM ’S INVERTER, IF THE SYSTEM IS LOC ATED ON A ROOFTOP , A
PARKING CANOPY , OR A BROWNFIELD .
(E) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , THE
COMMISSION, AT THE TIME OF CERTI FYING A SOLAR ENERGY GENERATING SYSTEM
AS A TIER 1 RENEWABLE SOURCE , SHALL CERTIFY THE SY STEM AS ELIGIBLE TO
RECEIVE GENERATE CERTIFIED SRECS IN ACCORDANCE WITH SUBSECTION (C) OF
THIS SECTION IF THE APPLICANT SUBMITS WI TH ITS APPLICATION F OR
CERTIFICATION AS A TIER 1 RENEWABLE SOURCE :
(1) A FORM REQUESTING TO BE CERTIFIED TO RECE IVE CERTIFIED
SRECS WITH THE VALUE SPE CIFIED IN SUBSECTION (C) OF THIS SECTION;
(2) A COPY OF THE INTERC ONNECTION AGREEMENT BETWEEN THE
APPLICANT AND THE AP PLICANT’S ELECTRIC COMPANY INDICATING T HAT THE SIZE
OF THE SYSTEM IS ELI GIBLE;
(3) IF SEEKING CERTIFICA TION AS A SYSTEM LOC ATED ON OR OVER A
ROOF, PARKING LOT, OR PARKING STRUCTURE , A COPY OF THE FINAL APPROVAL OF
THE LOCAL BUILDING P ERMIT;
(4) IF SEEKING CERTIFICA TION AS A SYSTEM LOCAT ED ON A
BROWNFIELD , DOCUMENTATION DEMONS TRATING THAT THE SYS TEM IS LOCATED
ON A BROWNFIELD ;
(5) IF SEEKING CERTIFICA TION BASED ON AGGREG ATED NET
METERING, A COPY OF THE AGGREG ATED NET ENERGY METE RING RIDER
SUBMITTED WITH THE I NTERCONNECTION AGREEMENT ; AND
(6) ANY OTHER INFORMATIO N REQUIRED BY THE COMMISSION.
(F) (1) THE OWNER OF A SOLAR ENERGY GENERATING SY STEM MAY
APPLY TO THE COMMISSION TO BE CERT IFIED UNDER THE PROGRAM IF THE
SYSTEM MEETS THE REQ UIREMENTS UNDER SUBS ECTION (D) OF THIS SECTION.
(2) THE OWNER OF A SOLAR ENERGY GENERATING SY STEM THAT IS
PLACED IN SERVICE BE TWEEN JULY 1, 2024, AND JANUARY 1, 2025, MAY APPLY TO
THE COMMISSION:
(I) BEFORE JANUARY 1, 2025, FOR CERTIFICATION AS A TIER 1
RENEWABLE SOURCE ; AND
WES MOORE, Governor Ch. 595
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(II) ON OR AFTER JANUARY 1, 2025, FOR CERTIFICATION
UNDER THE PROGRAM.
(E) (G) THE TOTAL AMOUNT OF I N–STATE GENERATING CAPA CITY FOR
CERTIFIED SYSTEMS , AS MEASURED BY THE A LTERNATING CURRENT R ATING OF
THE SYSTEMS’ INVERTERS, UNDER THE PROGRAM MAY NOT EXCEED:
(1) 330 300 MEGAWATTS FOR SYSTEM S WITH A GENERATING
CAPACITY OF LESS THA N 20 KILOWATTS, AS MEASURED BY THE A LTERNATING
CURRENT RATING OF TH E SYSTEM’S INVERTER; AND
(2) 300 270 MEGAWATTS FOR SYSTEM S WITH A GENERATING
CAPACITY OF BETWEEN 20 KILOWATTS AND 2 5 MEGAWATTS , AS MEASURED BY THE
ALTERNATING CURRENT RATING OF THE SYSTEM ’S INVERTER.
(F) (1) THE OWNER OF A SOLAR ENERGY GENERATING SY STEM MAY
APPLY TO THE COMMISSION TO BE CERT IFIED UNDER THE PROGRAM.
(2) THE OWNER OF A CERTIF IED SYSTEM SHALL PAY A ONE–TIME FEE
OF $100 TO THE COMMISSION AT THE TIM E OF THE CERTIFICATI ON.
(H) (1) AT THE TIME A SOLAR E NERGY GENERATING SYS TEM IS
CERTIFIED AS A TIER 1 RENEWABLE SOURCE , THE OWNER OF THE SYS TEM SHALL
PAY TO THE COMMISSION A ONE –TIME FEE OF:
(I) UP TO $50 FOR EACH SYSTEM WITH A GENERATING
CAPACITY OF LESS THA N 20 KILOWATTS, AS MEASURED BY THE A LTERNATING
CURRENT RATING OF TH E SYSTEM’S INVERTER; AND
(II) UP TO $200 FOR EACH SYSTEM WITH A GENERATING
CAPACITY OF MORE THA N 20 KILOWATTS, AS MEASURED BY THE ALTE RNATING
CURRENT RATING OF TH E SYSTEM’S INVERTER.
(3) (2) THE COMMISSION SHALL USE THE FEES COLLECTED U NDER
PARAGRAPH (2) (1) OF THIS SUBSECTION T O PAY FOR COSTS ASSO CIATED WITH
ADMINISTERING THE PROGRAM.
(G) (1) A CERTIFIED SYSTEM UNDER THE PROGRAM SHALL RECEIVE :
(I) FOR SYSTEMS WITH A G ENERATING CAPACITY O F UP TO 2
MEGAWATTS , AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE
SYSTEM’S INVERTER, 150% CREDIT TOWARD MEETIN G THE RENEWABLE ENER GY
PORTFOLIO STANDARD F OR ENERGY DERIVED FR OM SOLAR; AND
Ch. 595 2024 LAWS OF MARYLAND
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(II) FOR SYSTEMS WITH A G ENERATING CAPACITY O F UP TO 2
MEGAWATTS , AS MEASURED BY THE A LTERNATING CURRENT R ATING OF THE
SYSTEM’S INVERTER, THAT ARE LOCATED ON A ROOFTOP, A PARKING CANOPY , OR A
BROWNFIELD, 200% CREDIT TOWARD MEETIN G THE RENEWABLE ENER GY
PORTFOLIO STANDARD F OR ENERGY DERIVED FR OM SOLAR.
(2) A CERTIFIED SYSTEM IS ELIGIBLE TO RECEIVE THE PERCENTAGE
CREDIT SPECIFIED IN PARAGRAPH (1) OF THIS SUBSECTION F OR THE ENTIRE
LIFE CYCLE OF THE SYSTEM.
(H) NOTWITHSTANDING § 7–709(D)(1) OF THIS SUBTITLE , A CREDIT
CREATED BY A CERTIFI ED SYSTEM UNDER THE PROGRAM SHALL EXIST F OR 5 YEARS
FROM THE DATE CREATE D.
(I) THE DEVELOPER OF A CE RTIFIED SYSTEM UNDER THE PROGRAM THAT
HAS A GENERATING CAP ACITY OVER 1 MEGAWATT , AS MEASURED BY THE
ALTERNATING CURRENT RATING OF THE SYSTEM ’S INVERTER, SHALL ENSURE THAT
WORKERS ARE PAID NOT LESS THAN THE PREVAI LING WAGE RATE DETER MINED
UNDER TITLE 17, SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT
ARTICLE, UNLESS THE SYSTEM IS SUBJECT TO A PROJECT LABOR A GREEMENT
THAT:
(1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE
SYSTEM THROUGH THE I NCLUSION OF SPECIFIC ATIONS IN ALL RELEVA NT
SOLICITATION PROVISI ONS AND CONTRACT DOC UMENTS;
(2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTORS TO CO MPETE
FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO
WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARGAINING
AGREEMENTS ;
(3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF
EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EMPLOYED ON THE PROJ ECTS;
(4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB
DISRUPTIONS;
(5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING
LABOR DISPUTES ; AND
(6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED BY THE PARTIES
TO PROMOTE S UCCESSFUL DELIVERY O F THE SYSTEM.
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(I) (1) A CERTIFIED SYSTEM SHA LL CONTINUE TO BE EL IGIBLE TO
RECEIVE GENERATE CERTIFIED SRECS FOR 15 YEARS AFTER THE DATE OF
CERTIFICATION BY THE COMMISSION, OR JANUARY 1, 2025, WHICHEVER IS LATER ,
AFTER WHICH THE SYST EM SHALL BE ELIGIBLE TO RECEIVE GENERATE
NONCERTIFIED SOLAR R ENEWABLE ENERGY CRED ITS AS LONG AS THE S YSTEM
MEETS THE REQUIREMENTS AS A TIER 1 RENEWABLE SOURCE UND ER THIS
SUBTITLE.
(2) THE COMMISSION SHALL :
(I) ON OR BEFORE JANUARY 1, 2025, BEGIN DETERMINING
ELIGIBILITY OF SOLAR ENERGY GENERATING SY STEMS TO BE CERTIFIE D UNDER
THE PROGRAM; AND
(II) ON OR BEFORE JULY 1, 2026, IMPLEMENT A REVISED
SYSTEM TO REVIEW AND ENSURE COMPLIANCE WI TH THE RENEWABLE ENE RGY
PORTFOLIO STANDARD .
(3) AN ELECTRICITY SUPPLI ER MAY APPLY THE CER TIFIED SRECS
GENERATED IN ACCORDA NCE WITH THIS SECTIO N TOWARD THE RENEWAB LE
ENERGY PORTF OLIO STANDARD STARTI NG WITH THE 2025 COMPLIANCE YEAR .
(4) NOTWITHSTANDING ANY O THER LAW, THE COMMISSION SHALL
ALLOW ELECTRICITY SU PPLIERS TO DEMONSTRA TE COMPLIANCE WITH T HE
RENEWABLE ENERGY POR TFOLIO STANDARD FOR THE 2025 COMPLIANCE YEAR BY
SUBMITTING I NFORMATION BETWEEN JULY 1, 2026, AND DECEMBER 31, 2026,
USING THE REVISED SY STEM DEVELOPED IN AC CORDANCE WITH PARAGR APH (2)(II)
OF THIS SUBSECTION .
7–712.
Subject to § 2–1257 of the State Government Article, on or before December 1 of each
year the Commission shall report to the General Assembly on the status of implementation
of this subtitle, including:
(1) the availability of Tier 1 renewable sources[,];
(2) projects supported by the Fund[,];
(3) INFORMATION REGARDIN G THE STATUS OF THE SMALL SOLAR
ENERGY GENERATING SYSTEM INCENTIVE PROGRAM ESTABLISHED U NDER §
7–709.1 OF THIS SUBTITLE , INCLUDING THE TOTAL AMOUNT OF GENERATING
CAPACITY OF THE SYST EMS CERTIFIED UNDER THE PROGRAM; and
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(4) other pertinent information.
7–714.
THE DEVELOPER OF A SO LAR ENERGY GENERATIN G SYSTEM THAT HAS A
GENERATING CAPACITY OVER 1 MEGAWATT , AS MEASURED BY THE A LTERNATING
CURRENT RATING OF TH E SYSTEM’S INVERTER, SHALL ENSURE THAT WO RKERS ARE
PAID NOT LESS THAN T HE PREVAILING WAGE RATE D ETERMINED UNDER TITLE 17,
SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT ARTICLE, UNLESS THE
SYSTEM IS SUBJECT TO A PROJECT LABOR AGRE EMENT THAT:
(1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE
SYSTEM THROUGH THE I NCLUSION OF SPECIFICATIONS IN AL L RELEVANT
SOLICITATION PROVISI ONS AND CONTRACT DOC UMENTS;
(2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTOR S TO COMPETE
FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO
WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARG AINING
AGREEMENTS ;
(3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF
EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EM PLOYED ON THE PROJEC TS;
(4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB
DISRUPTIONS;
(5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING
LABOR DISPUTES ; AND
(6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED BY THE PARTIES
TO PROMOTE SUCCESSFU L DELIVERY OF THE SY STEM.
Article – State Government
9–20B–05.
(a) There is a Maryland Strategic Energy Investment Fund.
(b) The purpose of the Fund is to implement the Strategic Energy Investment
Program.
(c) The Administration shall administer the Fund.
WES MOORE, Governor Ch. 595
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(G–1) UP TO 10% OF THE PROCEEDS RECE IVED BY THE FUND FROM
COMPLIANCE FEES UNDE R § 7–705(B)(2)(I)2 OF THE PUBLIC UTILITIES ARTICLE
SHALL BE CREDITED TO AN ADMINISTRATIVE EX PENSE ACCOUNT FOR CO STS
RELATED TO THE ADMIN ISTRATION OF THE FUND.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – State Government
9–2016.
(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS
INDICATED.
(2) “ELIGIBLE CUSTOMER –GENERATOR ” HAS THE MEANING STAT ED
IN § 7–306 OF THE PUBLIC UTILITIES ARTICLE.
(3) “LOW TO MODERATE INCOM E” MEANS A HOUSEHOLD WI TH AN
ANNUAL HOUSEHOLD INC OME AT OR BELOW 150% OF THE AVERAGE MEDIA N INCOME
FOR THE STATE.
(4) “PROGRAM” MEANS THE CUSTOMER–SITED SOLAR PROGRAM
ESTABLISHED IN THIS SECTION.
(B) THERE IS A CUSTOMER–SITED SOLAR PROGRAM IN THE
ADMINISTRATION .
(C) THE PURPOSE OF THE PROGRAM IS TO:
(1) INCREASE DEPLOYMENT OF CUSTOMER –SITED SOLAR ENERGY
GENERATING SYSTEMS ; AND
(2) PROVIDE GRANTS TO EL IGIBLE CUSTOMER –GENERATORS THAT
HAVE INSTALLED SOLAR ENERGY GENERATING SY STEMS WITH OR WITHOU T ENERGY
STORAGE.
(D) (1) THE ADMINISTRATION SHALL :
(I) ON OR BEFORE JANUARY 1, 2025, ESTABLISH APPLICATIO N
AND INCOME VERIFICAT ION PROCEDURES FOR T HE PROGRAM; AND
(II) AWARD GRANTS FROM TH E PROGRAM.
Ch. 595 2024 LAWS OF MARYLAND
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(2) AN APPLICANT FOR A GR ANT UNDER THIS SECTI ON SHALL:
(I) INCLUDE IN THE APPLI CATION AN EXECUTED C ONTRACT TO
PURCHASE OR LEASE A SOLAR ENERGY GENERAT ING SYSTEM OR AN EXE CUTED
POWER PURCHASE AGREE MENT FOR THE SYSTEM ;
(II) DEMONSTRATE THAT AN AGREEMENT ENTERED IN TO
BETWEEN A THIRD PART Y AND AN ELIGIBLE CU STOMER–GENERATOR MEETS THE
MINIMUM BENEFITS PUB LISHED UNDER SUBSECT ION (J) OF THIS SECTION; AND
(III) INCLUDE A SIGNED DIS CLOSURE FORM DEVELOP ED UNDER
SUBSECTION (L) OF THIS SECTION.
(E) THE PROGRAM MAY PROVIDE G RANTS TO AN INCOME –VERIFIED
ELIGIBLE CUSTOMER –GENERATOR WITH A LOW TO MODERATE INCOME IN AN
AMOUNT EQUAL TO $750 PER KILOWATT OF NAME PLATE CAPACITY FOR A SOLAR
ENERGY GENERATING SY STEM, UP TO A MAXIMUM OF $7,500 PER SYSTEM.
(F) A GRANT AWARDED UNDER SUBSECTION (E) OF THIS SECTION SHAL L BE
FUNDED FROM FEES COL LECTED UNDER § 7–705(B)(2)(I)2 OF THE PUBLIC
UTILITIES ARTICLE AND ALLOCATED IN ACCORDANCE WITH § 9–20B–05(G–1) OF
THIS TITLE.
(G) THE ADMINISTRATION SHALL USE THE INCOME VERIF ICATION
PROCESSES UNDER § 7–306.2(F)(1)(IV)1 THROUGH 6 OF THE PUBLIC UTILITIES
ARTICLE TO VERIFY INC OME FOR AN ELIGIBLE C USTOMER–GENERATOR WITH A LOW
TO MODERATE INCOME .
(H) A THIRD PARTY MAY :
(1) APPLY FOR A GRANT ON BEHALF OF AN ELIGIBL E
CUSTOMER–GENERATOR WITH PROOF OF CONSENT FROM THE ELIGIBLE
CUSTOMER–GENERATOR ; AND
(2) BE ASSIGNED A GRANT BY THE ELIGIBLE CUST OMER–GENERATOR
TO ACT ON BEHALF OF THE ELIGIBLE CUSTOME R–GENERATOR .
(I) (1) FUNDING USED FOR GRAN TS UNDER THIS SECTIO N SHALL BE
MONITORED THROUGH AN APPLICATION PROCESS MAINTAINED BY THE
ADMINISTRATION AND VI SIBLE ON THE ADMINISTRATIO N’S WEBSITE.
(2) DATA ON THE ADMINISTRATION ’S WEBSITE SHALL:
WES MOORE, Governor Ch. 595
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(I) INCLUDE THE AMOUNT O F FUNDING AVAILABLE , RESERVED,
AND SPENT FOR THE FI SCAL YEAR; AND
(II) BE UPDATED REGULARLY .
(J) THE ADMINISTRATION SHALL PUBLISH:
(1) THE DISCLOSURE FORM DEVELOPED UNDER SUBS ECTION (L) OF
THIS SECTION; AND
(2) THE MINIMUM BENEFITS THAT AN ELIGIBLE
CUSTOMER–GENERATOR MUST RECEI VE UNDER AN AGREEMEN T WITH A THIRD
PARTY.
(K) A SOLAR ENERGY GENERAT ING SYSTEM SHALL BE INSTALLED WITHIN
180 DAYS AFTER A GRANT UNDER THIS SECTION I S RESERVED BY THE
ADMINISTRATION FOR AN ELIGIBLE CUSTOMER –GENERATOR .
(L) (1) THE ADMINISTRATION SHALL DEVELOP A CONSUMER
PROTECTION POLICY IN CONSULTATION WITH RE PRESENTATIVES OF THE
CUSTOMER–SITED SOLAR INDUSTRY .
(2) THE CONSUME R PROTECTION POLICY DEVELOPED UNDER
PARAGRAPH (1) OF THIS SUBSECTION S HALL:
(I) INCLUDE A DISCLOSURE FORM FOR SOLAR ENERG Y POWER
PURCHASE AGREEMENTS , SOLAR ENERGY LEASE A GREEMENTS , AND SOLAR ENERGY
LOAN AGREEMENTS THAT MUST BE SIGNED BY AN ELIGIBLE
CUSTOMER–GENERATOR BEFORE ENT ERING INTO THE AGREE MENT;
(II) FOR A SOLAR ENERGY P OWER PURCHASE AGREEM ENT OR A
SOLAR ENERGY LEASE A GREEMENT, PROHIBIT AN ANNUAL R ATE INCREASE OF MORE
THAN 3%;
(III) ALLOW A CUSTOMER –GENERATOR TO CANCEL AN
AGREEMENT ENTERED INTO WITH A THIRD PARTY UP TO 30 DAYS AFTER SIGNING
THE AGREEMENT ; AND
(IV) BE EASILY ACCESSIBLE ON THE ADMINISTRATION ’S
WEBSITE AND SOCIAL M EDIA PLATFORMS .
9–20B–05.
(f) The Administration shall use the Fund: Ch. 595 2024 LAWS OF MARYLAND
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(12) to provide at least $500,000 each year to the Resiliency Hub Grant
Program Fund under § 9–2011 of this title; [and]
(13) TO PROVIDE GRANTS TH ROUGH THE CUSTOMER–SITED SOLAR
PROGRAM UNDER § 9–2016 OF THIS TITLE; AND
[(13)] (14) to pay the expenses of the Program.
(g–1) [Up to 10% of the proceeds] PROCEEDS received by the Fund from compliance
fees under § 7–705(b)(2)(i)2 of the Public Utilities Article shall be ALLOCATED AS
FOLLOWS:
(1) BEGINNING IN FISCAL YEAR 2025, AT LEAST 20% OF THE
PROCEEDS SHALL BE USED TO PRO VIDE GRANTS TO SUPPO RT THE INSTALLATION OF
NEW SOLAR ENERGY GEN ERATING SYSTEMS UNDE R THE CUSTOMER–SITED SOLAR
PROGRAM;
(2) UP TO 10% OF THE PROCEEDS SHAL L BE credited to an
administrative expense account for costs related to the administration of the Fund;
(3) PROCEEDS COLLECTED B UT UNUSED FROM A PRE VIOUS YEAR
SHALL BE USED BEFORE PROCEEDS ALLOCATED F OR THE CURRENT YEAR ; AND
(4) THE ADMINISTRATION SHALL REALLOCATE TO OTHER
AUTHORIZED USES ANY PROCEEDS THAT ARE NO T USED WITHIN 3 FISCAL YEARS
AFTER COLLECTION .
(i) (1) Except as provided in paragraph (2) of this subsection, compliance fees
paid under § 7–705(b) of the Public Utilities Article may be used only to make loans and
grants to support the creation of new Tier 1 renewable energy sources in the State that are
owned by or directly benefit:
(i) low– to moderate–income communities located in a census tract
with an average median income at or below 80% of the average median income for the State;
or
(ii) overburdened or underserved communities, as defined in § 1–701
of the Environment Article.
(2) Compliance fees paid under § 7–705(b)(2)(i)2 of the Public Utilities
Article shall be accounted for separately within the Fund and may be used only to make
loans and grants to support the creation of new solar energy sources in the State that are
owned by or directly benefit:
WES MOORE, Governor Ch. 595
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(i) low– to moderate–income communities located in a census tract
with an average median income at or below 80% of the average median income for the State;
[or]
(ii) overburdened or underserved communities, as defined in § 1–701
of the Environment Article; OR
(III) HOUSEHOLDS WITH LOW TO MODERATE INCOME , AS
DEFINED IN § 9–2016 OF THIS TITLE.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Tax – Property
1–101.
(j) (1) “Department” means the State Department of Assessments and
Taxation.
(2) “Department” includes, unless the context requires otherwise, a
supervisor.
7–237.
(c) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) “Agrivoltaics” means the simultaneous use of areas of land for
both solar power generation and agriculture.
(iii) “Brownfield” means:
1. a former industrial or commercial site identified by federal
or State laws or regulations as contaminated or polluted; or
2. a closed municipal or rubble landfill regulated under a
refuse disposal permit by the Department of the Environment.
(iv) “Community solar energy generating system” has the meaning
stated in § 7–306.2 of the Public Utilities Article.
(v) “Electric company” has the meaning stated in § 1–101 of the
Public Utilities Article.
Ch. 595 2024 LAWS OF MARYLAND
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(2) This subsection applies through the life cycle of a community solar
energy generating system that:
(i) is placed in service after June 30, 2022; and
(ii) has been approved on or before December 31, [2025] 2030, by
the Public Service Commission under § 7–306.2 of the Public Utilities Article.
(3) Personal property is exempt from county or municipal corporation
property tax if the property is machinery or equipment that is part of a community solar
energy generating system that:
(i) has a generating capacity that does not exceed 2 5 megawatts as
measured by the alternating current rating of the system’s inverter;
(ii) provides at least 50% of the energy it produces to low– or
moderate–income customers at a cost that is at least 20% less than the amount charged by
the electric company that serves the area where the community solar energy generating
system is located; and
(iii) 1. is used for agrivoltaics; or
2. is installed on a rooftop, brownfield, parking facility
canopy, landfill, or clean fill.
(4) On or before October 1 each year, the Department shall report to the
Senate Budget and Taxation Committee and the House Ways and Means Committee, in
accordance with § 2–1257 of the State Government Article, on the number and location of
projects that, in the immediately preceding taxable year, have received the exemption
under this subsection.
7–249.
(A) THIS SECTION APPLIES ONLY TO NONRESIDENTI AL SOLAR ENERGY
GENERATING SYSTEMS T HAT ARE APPROVED BY THE PUBLIC SERVICE COMMISSION
UNDER § 7–207 OR § 7–207.1 OF THE PUBLIC UTILITIES ARTICLE ON OR AFTER
JULY 1, 2024.
(B) NONRESIDENTIAL SOLAR ENERGY GENERATING SY STEMS THAT ARE
CONSTRUCTED ON THE R OOFTOPS OF BUILDINGS OR ON PARKING FACILI TY
CANOPIES ARE NOT SUB JECT TO VALUATION OR TO PROPERTY TAX .
7–250.
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(A) THIS SECTION A PPLIES ONLY TO REAL PROPERTY THAT INCLUD ES A
PARKING FACILITY ON WHICH A SOLAR ENERGY GENERATING SYSTEM HA S BEEN
CONSTRUCTED ON ITS C ANOPY IF THE SOLAR E NERGY GENERATING SYS TEM HAS
BEEN APPROVED BY THE PUBLIC SERVICE COMMISSION UNDER § 7–207 OR §
7–207.1 OF THE PUBLIC UTILITIES ARTICLE ON OR AFTER JULY 1, 2024.
(B) THE GOVERNING BODY OF A COUNTY OR MUNICIPA L CORPORATION MAY
REDUCE OR ELIMINATE , BY LAW, THE PERCENTAGE OF TH E ASSESSMENT OF ANY
REAL PROPERTY THAT I S SUBJECT TO THE COU NTY OR MUNICIPAL COR PORATION
PROPERTY TAX UNDER T HIS ARTICLE IF THE R EAL PROPERTY INCLUDE S A PARKING
FACILITY ON WHICH A SOLAR ENERGY GENERAT ING SYSTEM HAS BEEN
CONSTRUCTED ON ITS C ANOPY.
(B) (C) (1) A COUNTY OR MUNICIPAL CORPORATION THAT RED UCES
OR ELIMINATES THE PE RCENTAGE O F ASSESSMENT OF TAXA BLE REAL PROPERTY
UNDER SUBSECTION (A) (B) OF THIS SECTION SHAL L SUBMIT A COPY OF T HE LAW TO
THE DEPARTMENT .
(2) IF THE DEPARTMENT RECEIVES A COPY OF THE LAW ON O R
BEFORE MAY 1, THE CHANGE WILL BE E FFECTIVE FOR THE TAX ABLE YEAR
FOLLOWING THE DATE T HE LAW IS ENACTED .
(C) (D) IF ANY REAL PROPERTY IS EXEMPT UNDER SUBS ECTION (B) (C) OF
THIS SECTION FROM CO UNTY PROPERTY TAX BU T IS SUBJECT TO MUNI CIPAL
CORPORATION PROPERTY TAX, THE DEPARTMENT OR THE SUP ERVISOR SHALL
PROVIDE THE MUNIC IPAL CORPORATION WIT H THE ASSESSMENT OF THE REAL
PROPERTY.
(D) (E) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT
THIS SECTION.
7–522.
THE GOVERNING BODY OF A COUNTY SHALL EXEMP T OR PARTIALLY EXEMP T
A GROUND–MOUNTED SOLAR ENERGY GENERATING SYSTEM FROM THE COUNTY
REAL OR PERSONAL PRO PERTY TAX IF THE OWN ER OF THE SYSTEM AND THE
COUNTY ENTER INTO A PAYMENT IN LIEU OF T AXES AGREEMENT , APPROVED BY
ORDINANCE OF THE LEG ISLATIVE BODY OF THE COUNTY, THAT SPECIFIES:
(1) THAT THE OWNER OF TH E SYSTEM SHALL PAY TO THE COUNTY
EACH YEAR IN LIEU OF THE PAYMENT OF COUNT Y REAL OR PERSONAL P ROPERTY
TAXES DURING THE TER M OF THE AGREEMENT T HE SUM OF $2,500 PER MEGAWATT Ch. 595 2024 LAWS OF MARYLAND
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OF GENERATING CAPACI TY OF THE SYSTEM , AS MEASURED BY THE A LTERNATING
CURRENT RATING OF TH E SYSTEM’S INVERTER;
(2) THE TERM OF THE AGRE EMENT; AND
(3) THAT EACH YEAR AFTER THE EXPIRATION OR TE RMINATION OF
THE AGREEMENT , FULL REAL AND PERSON AL PROPERTY TAXES SH ALL BE PAYABLE
ON THE PROPERTY .
SECTION 3. 4. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Article – Public Utilities
7–306.
(g) (1) Except as provided in paragraphs [(6) and (7)] (6), (7), AND (8) of this
subsection, the generating capacity of an electric generating system used by an eligible
customer–generator for net metering may not exceed 2 megawatts.
(2) An electric generating system used by an eligible customer–generator
for net metering shall meet all applicable safety and performance standards established by
the National Electrical Code, the Institute of Electrical and Electronics Engineers, and
Underwriters Laboratories.
(3) The Commission may adopt by regulation additional control and testing
requirements for eligible customer–generators that the Commission determines are
necessary to protect public safety and system reliability.
(4) An electric company may not require an eligible customer–generator
whose electric generating system meets the standards of paragraphs (2) and (3) of this
subsection to:
(i) install additional controls;
(ii) perform or pay for additional tests; or
(iii) purchase additional liability insurance.
(5) An eligible customer–generator or the eligible customer–generator’s
assignee shall own and have title to all renewable energy attributes or renewable energy
credits associated with any electricity produced by its electric generating system.
(6) The Commission may not prohibit the construction or operation of
multiple net metered solar energy generating facilities located on separate contiguous lots WES MOORE, Governor Ch. 595
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that are owned by a local government solely because the capacity of the combined net
metering systems exceeds the limit established under paragraph (1) of this subsection, if:
(i) the net metered solar energy generating facilities are intended to
be used solely for the benefit of the local government;
(ii) the total capacity of the net metered solar energy generating
facilities on the contiguous lots does not exceed 5 megawatts;
(iii) the contiguous lots were not subdivided for the purpose of
circumventing the limit established under paragraph (1) of this subsection; and
(iv) the utility serving the net metered solar energy generating
facilities is not an electric cooperative or municipal electric utility.
(7) The generating capacity of a community solar energy generating system
established under § 7–306.2 of this subtitle that is used for net metering may not exceed 5
megawatts.
(8) THE GENERATING CAPACI TY OF A NET METERED FACILITY THAT
IS METER AGGREGATED UNDER § 7–306.3 OF THIS SUBTITLE MAY NOT EXCEED 5
MEGAWATTS .
(I) NOTWITHSTANDING THE G ENERATING CAPACITY L IMITS ESTABLISHED
IN SUBSECTION (G) OF THIS SECTION , AN ELIGIBLE CUSTOMER –GENERATOR
PARTICIPATING IN MET ER AGGREGATION UNDER § 7–306.2 OR § 7–306.3 OF THIS
SUBTITLE MAY RECEIVE EXCESS GENERATION FROM MORE THAN ONE GENERATING
SYSTEM, INCLUDING IF THE COM BINED GENERATING CAP ACITY OF ALL NET
METERED FACILITIES T HAT ARE METER AGGREG ATED EXCEEDS 5 MEGAWATTS .
[(i)] (J) On or before November 1 of each year, the Commission shall report to
the General Assembly, in accordance with § 2–1257 of the State Government Article, on the
status of the net metering program under this section, including:
(1) the amount of capacity of electric generating facilities owned and
operated by eligible customer–generators in the State by type of energy resource;
(2) based on the need to encourage a diversification of the State’s energy
resource mix to ensure reliability, whether the rated generating capacity limit in subsection
(d) of this section should be altered; and
(3) other pertinent information.
SECTION 5. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
Ch. 595 2024 LAWS OF MARYLAND
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Article – Public Utilities
5–305.
(a) This section applies to a project by an investor–owned gas company, electric
company, or combination gas and electric company involving the construction,
reconstruction, installation, demolition, restoration, or alteration of any underground gas
or electric infrastructure of the company, and any related traffic control activities.
(b) An investor–owned gas company, electric company, or combination gas and
electric company shall require a contractor or subcontractor on a project described in
subsection (a) of this section to pay its employees not less than the prevailing wage rate
determined solely by the Commissioner of Labor and Industry in a process substantially
similar to the process established under Title 17, Subtitle 2 of the State Finance and
Procurement Article.
(c) In accordance with Title 3, Subtitle 5 of the Labor and Employment Article,
the Maryland Department of Labor shall enforce the requirement under subsection (b) of this
section for contractors and subcontractors to pay employees not less than the prevailing wage
rate determined solely by the Commissioner of Labor and Industry.
SECTION 6. AND BE IT FURTHER ENACTED, That nothing in Section 5 of this
Act or in § 7–714 of the Public Utilities Article, as enacted by Section 1 of this Act, shall be
construed to apply to or be interpreted to have any effect on or application to any contract
awarded before June 1, 2024 Section 5 of this Act shall be construed to apply retroactively
and shall be applied to and interpreted to affect contracts for projects by an investor–owned
gas company, electric company, or combination gas and electric company involving the
construction, reconstruction, installation, demolition, restoration, or alteration of any
underground gas or electric infrastructure of the company, and any related traffic control
activities entered into on and after March 1, 2024.
SECTION 3. 4. 7. AND BE IT FURTHER ENACTED, That , except as provided in
Section 6 of this Act, a presently existing obligation or contract right may not be impaired
in any way by this Act.
SECTION 4. 5. 8. AND BE IT FURTHER ENACTED, That Section 2 3 of this Act
shall be applicable to all taxable years beginning after June 30, 2024.
SECTION 9. AND BE IT FURTHER ENACTED, That § 7–714 of the Public Utilities
Article, as enacted by Section 1 of this Act, shall be construed to apply only prospectively and
may not be applied or interpreted to have any effect on or application to the development of
a solar energy generating system begun before the effective date of this Act.
SECTION 10. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
take effect July 1, 2024. It shall remain effective for a period of 3 years and, at the end of WES MOORE, Governor Ch. 595
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June 30, 2027, Section 2 of this Act, with no further action required by the General Assembly,
shall be abrogated and of no further force and effect.
SECTION 6. 10. 11. AND BE IT FURTHER ENACTED, That Section 3 4 of this Act
shall take effect January 1, 2025.
SECTION 5. 7. 11. 12. AND BE IT FURTHER ENACTED, That , except as provided
in Section 6 Sections 9 and 10 10 and 11 of this Act, this Act shall take effect June 1, 2024.
Approved by the Governor, May 9, 2024.