Maryland 2025 Regular Session

Maryland House Bill HB1036 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb1036
9	6
10	7		HOUSE BILL 1036
11	8		C5, M5 5lr1948
12	9		CF SB 931
13	10		By: Delegates Wilson and Crosby
14	11		Introduced and read first time: February 5, 2025
15	12		Assigned to: Economic Matters
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 21, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Public Utilities – Generating Stations – Generation and Siting 2
25	19		(Renewable Energy Certainty Act) 3
26	20
27	21		FOR the purpose of altering the factors the Public Service Commission must consider before 4
28	22		taking final action on a certificate of public convenience and necessity; establishing 5
29		-	a distributed generation certificate of public convenience and necessity to authorize 6
30		-	the construction and operation of a certain distributed solar energy generating 7
31		-	system; requiring the Power Plant Research Program, by a certain date, to develop 8
32		-	and submit to the Commission proposed siting and design requirements and 9
33		-	licensing conditions; establishing certain requirements for the construction of a 10
34		-	certain solar energy generating station or front–of–the–meter energy storage device; 11
35		-	prohibiting a local jurisdiction from adopting certain laws or regulations or denying 12
36		-	certain site development plans under certain circumstances; requiring a local 13
37		-	government to expedite the review and approval of certain site development plans 14
38		-	under certain circumstances; authorizing a local government to establish a certain 15
39		-	community solar energy generating system automatic enrollment program under 16
40		-	certain circumstances; establishing certain requirements for the sale, lease, and 17
41		-	installation of certain residential rooftop solar energy generating systems; requiring 18
42		-	the Maryland Department of Labor to develop a special solar contractor license; 19
43		-	requiring the Commission to conduct a certain study to establish a process by which 20
44		-	the Commission may establish certain partnerships procurement models; and 21
45		-	generally relating to generating stations. 22
	23	+	certain requirements for the construction of a certain solar energy generating station 6
	24	+	or energy storage device; prohibiting a local jurisdiction from adopting certain laws 7
	25	+	or regulations or denying certain site development plans under certain 8
	26	+	circumstances; requiring a local government to expedite the review and approval of 9
	27	+	certain site development plans under certain circumstances; authorizing a local 10
	28	+	government to establish a certain community solar energy generating system 11
	29	+	automatic enrollment program under certain circumstances; establishing certain 12
	30	+	requirements for the sale, lease, and installation of certain residential rooftop solar 13
	31	+	energy generating systems; requiring the Commission to conduct a certain study to 14
	32	+	establish a process by which the Commission may establish certain partnerships; 15
	33	+	and generally relating to generating stations. 16
46	34
47		-	BY repealing and reenacting, without amendments, 23
48		-	Article – Public Utilities 24 2 HOUSE BILL 1036
	35	+	BY repealing and reenacting, without amendments, 17
	36	+	Article – Public Utilities 18
	37	+	Section 7–207(d) 19
	38	+	Annotated Code of Maryland 20
	39	+	(2020 Replacement Volume and 2024 Supplement) 21
	40	+
	41	+	BY repealing and reenacting, with amendments, 22
	42	+	Article – Public Utilities 23
	43	+	Section 7–207(e) and 7–306.2(a), (c), and (d)(7) 24
	44	+	Annotated Code of Maryland 25
	45	+	(2020 Replacement Volume and 2024 Supplement) 26
	46	+
	47	+	BY adding to 27
	48	+	Article – Public Utilities 28 2 HOUSE BILL 1036
49	49
50	50
51		-	Section 7–~~207~~(d) 1
	51	+	Section 7–218, 7–219, 7–306.2(o), and 7–320 1
52	52		Annotated Code of Maryland 2
53	53		(2020 Replacement Volume and 2024 Supplement) 3
54	54
55		-	BY repealing and reenacting, with amendments, 4
56		-	Article – Natural Resources 5
57		-	Section 3–306(a)(1) 6
58		-	Annotated Code of Maryland 7
59		-	(2023 Replacement Volume and 2024 Supplement) 8
	55	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
	56	+	That the Laws of Maryland read as follows: 5
60	57
61		-	BY repealing and reenacting, with amendments, 9
62		-	Article – Public Utilities 10
63		-	Section 7–207(e) and 7–306.2(a), (c), and (d)(7) Section 7–207(b)(1)(i) and (ii), (e), and 11
64		-	(h), 7–207.1(c)(1), and 7–306.2(a), (c), and (d)(7) 12
65		-	Annotated Code of Maryland 13
66		-	(2020 Replacement Volume and 2024 Supplement) 14
	58	+	Article – Public Utilities 6
67	59
68		-	BY repealing and reenacting, without amendments, 15
69		-	Article – Public Utilities 16
70		-	Section 7–207(d) 17
71		-	Annotated Code of Maryland 18
72		-	(2020 Replacement Volume and 2024 Supplement) 19
	60	+	7–207. 7
73	61
74		-	~~BY adding to 20~~
75		-	~~Article –~~ Public ~~Utilities 21~~
76		-	~~Section 7–207.4, 7–218, 7–219, 7–306.2(o),~~ and ~~7–320 22~~
77		-	~~Annotated Code~~ of ~~Maryland 23~~
78		-	~~(2020~~ ~~Replacement Volume and 2024 Supplement)~~ 24
	62	+	(d) (1) (i) The Commission shall provide an opportunity for public 8
	63	+	comment and hold a public hearing on the application for a certificate of public convenience 9
	64	+	and necessity in each county and municipal corporation in which any portion of the 10
	65	+	construction of a generating station, an overhead transmission line designed to carry a 11
	66	+	voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. 12
79	67
80		-	BY adding to 25
81		-	Article – State Government 26
82		-	Section 9–2017 27
83		-	Annotated Code of Maryland 28
84		-	(2021 Replacement Volume and 2024 Supplement) 29
	68	+	(ii) The Commission may hold the public hearing virtually rather 13
	69	+	than in person if the Commission provides a comparable opportunity for public comment 14
	70	+	and participation in the hearing. 15
85	71
86		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 30
87		-	That the Laws of Maryland read as follows: 31
	72	+	(2) The Commission shall hold the public hearing jointly with the 16
	73	+	governing body of the county or municipal corporation in which any portion of the 17
	74	+	construction of the generating station, overhead transmission line, or qualified generator 18
	75	+	lead line is proposed to be located, unless the governing body declines to participate in the 19
	76	+	hearing. 20
88	77
89		-	Article – Natural Resources 32
	78	+	(3) (i) Once in each of the 4 successive weeks immediately before the 21
	79	+	hearing date, the Commission shall provide weekly notice of the public hearing and an 22
	80	+	opportunity for public comment: 23
90	81
91		-	3–306. 33
	82	+	1. by advertisement in a newspaper of general circulation in 24
	83	+	the county or municipal corporation affected by the application; 25
92	84
93		-	(a) (1) Notwithstanding anything to the contrary in this article or the Public 34
94		-	Utilities Article, on application to the Public Service Commission for a certificate of public 35
95		-	convenience and necessity associated with power plant construction IN ACCORDANCE 36
96		-	WITH § 7–207 OF THE PUBLIC UTILITIES ARTICLE, the Commission shall notify 37 HOUSE BILL 1036 3
	85	+	2. on two types of social media; and 26
	86	+
	87	+	3. on the Commission’s website. 27
	88	+
	89	+	(ii) Before a public hearing, the Commission shall coordinate with 28
	90	+	the governing body of the county or municipal corporation in which any portion of the 29
	91	+	construction of the generating station, overhead transmission line, or qualified generator 30
	92	+	lead line is proposed to be located to identify additional options for providing, in an efficient 31
	93	+	and cost–effective manner, notice of the public hearing through other types of media that 32
	94	+	are familiar to the residents of the county or municipal corporation. 33
	95	+	HOUSE BILL 1036 3
97	96
98	97
99		-	immediately the Department [of Natural Resources] and the Department of the 1
100		-	Environment of the application. 2
	98	+	(4) (i) On the day of a public hearing, an informational sign shall be 1
	99	+	posted prominently at or near each public entrance of the building in which the public 2
	100	+	hearing will be held. 3
101	101
102		-	Article – Public Utilities 3
	102	+	(ii) The informational sign required under subparagraph (i) of this 4
	103	+	paragraph shall: 5
103	104
104		-	7–207. 4
	105	+	1. state the time, room number, and subject of the public 6
	106	+	hearing; and 7
105	107
106		-	(b) (1) (i) [Unless] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 5
107		-	THIS PARAGRAPH , UNLESS a certificate of public convenience and necessity for the 6
108		-	construction is first obtained from the Commission, a person may not begin construction in 7
109		-	the State of: 8
	108	+	2. be at least 17 by 22 inches in size. 8
110	109
111		-	1. a generating station; or 9
	110	+	(iii) If the public hearing is conducted virtually rather than in person, 9
	111	+	the Commission shall provide information on the hearing prominently on the Commission’s 10
	112	+	website. 11
112	113
113		-	2. a qualified generator lead line. 10
	114	+	(5) (i) The Commission shall ensure presentation and 12
	115	+	recommendations from each interested State unit, and shall allow representatives of each 13
	116	+	State unit to sit during hearing of all parties. 14
114	117
115		-	(ii) [If a person obtains Commission approval for construction under 11
116		-	§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 12
117		-	obtain a certificate of public convenience and necessity under this section] A PERSON IS 13
118		-	NOT REQUIRED TO OBTA IN A CERTIFICATE OF PUBLIC CONVENIENCE A ND 14
119		-	NECESSITY UNDER THIS SECTION IF THE PERSO N OBTAINS: 15
	118	+	(ii) The Commission shall allow each State unit 15 days after the 15
	119	+	conclusion of the hearing to modify the State unit’s initial recommendations. 16
120	120
121		-	1. COMMISSION ~~APPROVAL F OR CONSTRUCTION UNDE R 16~~
122		-	~~§ 7–207.1~~ OF ~~THIS SUBTITLE; OR 17~~
	121	+	(e) The Commission shall take final action on an application for a certificate of 17
	122	+	public convenience and necessity only after due consideration of: 18
123	123
124		-	2. A DISTRIBUTED GENERATI ON CERTIFICATE OF 18
125		-	PUBLIC CONVENIENCE A ND NECESSITY UNDER § 7–207.4 OF THIS SUBTITLE . 19
	124	+	(1) the recommendation of the governing body of each county or municipal 19
	125	+	corporation in which any portion of the construction of the generating station, overhead 20
	126	+	transmission line, or qualified generator lead line is proposed to be located; 21
126	127
127		-	(d) (1) (i) The Commission shall provide an opportunity for public 20
128		-	comment and hold a public hearing on the application for a certificate of public convenience 21
129		-	and necessity in each county and municipal corporation in which any portion of the 22
130		-	construction of a generating station, an overhead transmission line designed to carry a 23
131		-	voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. 24
	128	+	(2) the effect of the generating station, overhead transmission line, or 22
	129	+	qualified generator lead line on: 23
132	130
133		-	(ii) The Commission may hold the public hearing virtually rather 25
134		-	than in person if the Commission provides a comparable opportunity for public comment 26
135		-	and participation in the hearing. 27
	131	+	(i) the stability and reliability of the electric system; 24
136	132
137		-	(2) The Commission shall hold the public hearing jointly with the 28
138		-	governing body of the county or municipal corporation in which any portion of the 29
139		-	construction of the generating station, overhead transmission line, or qualified generator 30
140		-	lead line is proposed to be located, unless the governing body declines to participate in the 31
141		-	hearing. 32
	133	+	(ii) economics; 25
	134	+
	135	+	(iii) esthetics; 26
	136	+
	137	+	(iv) historic sites; 27
	138	+
	139	+	(v) aviation safety as determined by the Maryland Aviation 28
	140	+	Administration and the administrator of the Federal Aviation Administration; 29
	141	+
	142	+	(vi) when applicable, air quality and water pollution; and 30
142	143		4 HOUSE BILL 1036
143	144
144	145
145		-	(3) (i) Once in each of the 4 successive weeks immediately before the 1
146		-	hearing date, the Commission shall provide weekly notice of the public hearing and an 2
147		-	opportunity for public comment: 3
	146	+	(vii) the availability of means for the required timely disposal of 1
	147	+	wastes produced by any generating station; 2
148	148
149		-	1. by advertisement in a newspaper of general circulation in 4
150		-	the county or municipal corporation affected by the application; 5
	149	+	(3) the effect of climate change on the generating station, overhead 3
	150	+	transmission line, or qualified generator lead line based on the best available scientific 4
	151	+	information recognized by the Intergovernmental Panel on Climate Change; [and] 5
151	152
152		-	~~2. on two types of social media; and~~ 6
	153	+	(4) for a generating station: 6
153	154
154		-	3. on the Commission’s website. 7
	155	+	(i) the consistency of the application with the comprehensive plan 7
	156	+	and zoning of each county or municipal corporation where any portion of the generating 8
	157	+	station is proposed to be located; 9
155	158
156		-	(ii) Before a public hearing, the Commission shall coordinate with 8
157		-	the governing body of the county or municipal corporation in which any portion of the 9
158		-	construction of the generating station, overhead transmission line, or qualified generator 10
159		-	lead line is proposed to be located to identify additional options for providing, in an efficient 11
160		-	and cost–effective manner, notice of the public hearing through other types of media that 12
161		-	are familiar to the residents of the county or municipal corporation. 13
	159	+	(ii) the efforts to resolve any issues presented by a county or 10
	160	+	municipal corporation where any portion of the generating station is proposed to be located; 11
162	161
163		-	(4) (i) On the day of a public hearing, an informational sign shall be 14
164		-	posted prominently at or near each public entrance of the building in which the public 15
165		-	hearing will be held. 16
	162	+	(iii) the impact of the generating station on the quantity of annual 12
	163	+	and long–term statewide greenhouse gas emissions, measured in the manner specified in § 13
	164	+	2–1202 of the Environment Article and based on the best available scientific information 14
	165	+	recognized by the Intergovernmental Panel on Climate Change; and 15
166	166
167		-	(ii) The informational sign required under subparagraph (i) of this 17
168		-	paragraph shall: 18
	167	+	(iv) the consistency of the application with the State’s climate 16
	168	+	commitments for reducing statewide greenhouse gas emissions, including those specified 17
	169	+	in Title 2, Subtitle 12 of the Environment Article; AND 18
169	170
170		-	1. state the time, room number, and subject of the public 19
171		-	hearing; and 20
	171	+	(5) FOR A SOLAR ENERGY G ENERATING STATION SP ECIFIED UNDER § 19
	172	+	7–218 OF THIS SUBTITLE , WHETHER THE OWNER OF A PROPOSED SOLAR ENE RGY 20
	173	+	GENERATING STATION C OMPLIES WITH THE REQUIREMENTS OF § 7–218(F) OF THIS 21
	174	+	SUBTITLE. 22
172	175
173		-	2. ~~be at least 17 by 22 inches in size. 21~~
	176	+	7–218. 23
174	177
175		-	(iii) If the public hearing is conducted virtually rather than in person, 22
176		-	the Commission shall provide information on the hearing prominently on the Commission’s 23
177		-	website. 24
	178	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 24
	179	+	INDICATED. 25
178	180
179		-	(5) (i) The Commission shall ensure presentation and 25
180		-	recommendations from each interested State unit, and shall allow representatives of each 26
181		-	State unit to sit during hearing of all parties. 27
	181	+	(2) “BROWNFIELDS SITE ” HAS THE MEANING STAT ED IN § 7–207 OF 26
	182	+	THIS SUBTITLE. 27
182	183
183		-	(ii) ~~The Commission shall allow each State unit 15 days after the~~ 28
184		-	~~conclusion~~ of ~~the hearing to modify the State unit’s initial recommendations~~. 29
	184	+	(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 28
	185	+	CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 29
185	186
186		-	(e) The Commission shall take final action on an application for a certificate of 30
187		-	public convenience and necessity only after due consideration of: 31
188		-
189		-	(1) the recommendation of the governing body of each county or municipal 32
190		-	corporation in which any portion of the construction of the generating station, overhead 33
191		-	transmission line, or qualified generator lead line is proposed to be located; 34 HOUSE BILL 1036 5
	187	+	(B) THIS SECTION APPLIES ONLY TO A SOLAR ENER GY GENERATING 30
	188	+	STATION THAT: 31
	189	+	HOUSE BILL 1036 5
192	190
193	191
	192	+	(1) HAS THE CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS OF 1
	193	+	ELECTRICITY AS MEASU RED BY THE ALTERNATI NG CURRENT RATING OF THE 2
	194	+	SYSTEM’S INVERTER; 3
194	195
195		-	(2) ~~the effect of~~ the ~~generating station, overhead transmission line, or 1~~
196		-	~~qualified generator lead line on:~~ 2
	196	+	(2) (I) IS DESIGNED TO PRODU CE ELECTRICITY FOR S ALE ON THE 4
	197	+	WHOLESALE MARKET ; OR 5
197	198
198		-	(i) the stability and reliability of the electric system; 3
	199	+	(II) IS A COMMUNITY SOLAR ENERGY GENERATING SY STEM 6
	200	+	UNDER § 7–306.2 OF THIS TITLE; AND 7
199	201
200		-	(ii) economics; 4
	202	+	(3) IS NOT LOCATED ON A ROOFTOP, CARPORT, OR BROWNFIELDS 8
	203	+	SITE OR BEHIND THE ME TER OF A RETAIL ELEC TRIC CUSTOMER . 9
201	204
202		-	(iii) esthetics; 5
	205	+	(C) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SO LAR ENERGY 10
	206	+	GENERATING STATION U NLESS: 11
203	207
204		-	(iv) historic sites; 6
	208	+	(1) THE CONSTRUCTION HAS BEEN APPROVED BY THE COMMISSION 12
	209	+	IN ACCORDANCE WITH T HIS SECTION; AND 13
205	210
206		-	(v) ~~aviation safety as determined by the Maryland Aviation 7~~
207		-	~~Administration and the administrator~~ of ~~the Federal Aviation Administration~~; 8
	211	+	(2) (I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 14
	212	+	HAS BEEN ISSUED IN A CCORDANCE WITH § 7–207 OF THIS SUBTITLE; OR 15
208	213
209		-	(vi) when applicable, air quality and water pollution; and 9
	214	+	(II) THE CONSTRUCTION HAS BEEN APPROVED BY THE 16
	215	+	COMMISSION IN ACCORDA NCE WITH § 7–207.1 OF THIS SUBTITLE. 17
210	216
211		-	(vii) the availability of means for the required timely disposal of 10
212		-	wastes produced by any generating station; 11
	217	+	(D) ON RECEIPT OF AN APPL ICATION FOR APPROVAL UNDE R THIS SECTION, 18
	218	+	THE COMMISSION SHALL PROV IDE IMMEDIATE NOTICE OR REQUIRE THE 19
	219	+	APPLICANT TO PROVIDE IMMEDIATE NOTICE OF THE APPLICATION TO : 20
213	220
214		-	(3) the ~~effect of climate change on the generating station,~~ ~~overhead 12~~
215		-	~~transmission line,~~ ~~or qualified generator lead line based on~~ the ~~best available scientific 13~~
216		-	~~information recognized by the Intergovernmental Panel on Climate Change~~; ~~[and] 14~~
	221	+	(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 21
	222	+	CORPORATION IN WHICH ANY PORTION OF THE S OLAR ENERGY GENERATING 22
	223	+	STATION IS PROPOSED TO BE CONSTRUCTED ; 23
217	224
218		-	(4) for a generating station: 15
	225	+	(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 24
	226	+	CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R ENERGY 25
	227	+	GENERATING STATION ; 26
219	228
220		-	(i) the consistency of the application with the comprehensive plan 16
221		-	and zoning of each county or municipal corporation where any portion of the generating 17
222		-	station is proposed to be located; 18
223		-
224		-	(ii) the efforts to resolve any issues presented by a county or 19
225		-	municipal corporation where any portion of the generating station is proposed to be located; 20
226		-
227		-	(iii) the impact of the generating station on the quantity of annual 21
228		-	and long–term statewide greenhouse gas emissions, measured in the manner specified in § 22
229		-	2–1202 of the Environment Article and based on the best available scientific information 23
230		-	recognized by the Intergovernmental Panel on Climate Change; and 24
231		-
232		-	(iv) the consistency of the application with the State’s climate 25
233		-	commitments for reducing statewide greenhouse gas emissions, including those specified 26
234		-	in Title 2, Subtitle 12 of the Environment Article; AND 27
235		-
236		-	(5) FOR A SOLAR ENERGY G ENERATING STATION SP ECIFIED UNDER § 28
237		-	7–218 OF THIS SUBTITLE , WHETHER THE OWNER OF A PROPOSED SOLA R ENERGY 29
238		-	GENERATING STATION C OMPLIES WITH THE SITE REQUIREMENTS OF UNDER § 30
239		-	7–218(F) OF THIS SUBTITLE . 31 6 HOUSE BILL 1036
	229	+	(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENT ING ANY 27
	230	+	PART OF A COUNTY IN WHICH ANY PORTION OF THE SOLAR ENERGY GEN ERATING 28
	231	+	STATION IS PROPOSED TO BE CONSTRUCTED ; 29
	232	+	6 HOUSE BILL 1036
240	233
241	234
	235	+	(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 1
	236	+	PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R 2
	237	+	ENERGY GEN ERATING STATION ; AND 3
242	238
243		-	(h) (1) A county or municipal corporation has the authority to approve or deny 1
244		-	any local permit required under a certificate of public convenience and necessity issued 2
245		-	under this section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC 3
246		-	CONVENIENCE AND NECE SSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE . 4
	239	+	(5) THE RESIDENTS AND PR OPERTY OWNERS WITHIN 1 MILE OF THE 4
	240	+	PROPOSED LOCATION OF THE SOLAR ENERGY GEN ERATING STATION . 5
247	241
248		-	(2) A county or municipal corporation shall approve or deny any local 5
249		-	permits required under a certificate of public convenience and necessity issued under this 6
250		-	section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC CONVENIENCE 7
251		-	AND NECESSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE : 8
252		-
253		-	(i) within a reasonable time; and 9
254		-
255		-	(ii) to the extent local laws are not preempted by State law, in 10
256		-	accordance with local laws. 11
257		-
258		-	(3) A county or municipal corporation may not condition the approval of a 12
259		-	local permit required under a certificate of public convenience and necessity issued under 13
260		-	this section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC CONVENIENC E 14
261		-	AND NECESSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE on receipt of any of the 15
262		-	following approvals for any aspect of a generating station, an overhead transmission line, 16
263		-	or a qualified lead line proposed to be constructed under the certificate: 17
264		-
265		-	(i) a conditional use approval; 18
266		-
267		-	(ii) a special exception approval; or 19
268		-
269		-	(iii) a floating zone approval. 20
270		-
271		-	7–207.1. 21
272		-
273		-	(c) (1) The Commission shall require a person that is exempted from the 22
274		-	requirement to obtain a certificate of public convenience and necessity UNDER § 23
275		-	7–207(B)(1)(II)1 OF THIS SUBTITLE to obtain approval from the Commission under this 24
276		-	section before the person may construct a generating station described in subsection (b) of 25
277		-	this section. 26
278		-
279		-	7–207.4. 27
280		-
281		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
282		-	INDICATED. 29
283		-
284		-	(2) “DISTRIBUTED GENER ATION CERTIFICATE OF PUBLIC 30
285		-	CONVENIENCE AND NECE SSITY” OR “DGCPCN” MEANS A CERTIFICATE ISSUED BY 31
286		-	THE COMMISSION UNDER THIS SECTION THAT AUTHORI ZES THE CONSTRUCTION 32
287		-	AND OPERATION OF A D ISTRIBUTED SOLAR ENE RGY GENERATING SYSTE M. 33 HOUSE BILL 1036 7
288		-
289		-
290		-
291		-	(3) “DISTRIBUTED SOLAR ENE RGY GENERATING SYSTE M” MEANS A 1
292		-	COMMUNITY SOLAR ENER GY GENERATING SYSTEM , AS DEFINED IN § 7–306.2 OF 2
293		-	THIS TITLE, THAT: 3
294		-
295		-	(I) WOULD BE REQUIRED TO OBTAIN A CERTIFICATE OF PUBLIC 4
296		-	CONVENIENCE AND NECE SSITY UNDER § 7–207 OF THIS SUBTITLE IF THE SYSTEM 5
297		-	DOES NOT OBTAIN A DGCPCN UNDER THIS SECTION ; 6
298		-
299		-	(II) HAS A CAPACITY TO PR ODUCE MORE THAN 2 MEGAWATTS 7
300		-	BUT NOT MORE THAN 5 MEGAWATTS OF ALTERNA TING CURRENT AS MEAS URED BY 8
301		-	THE ALTERNATING CURR ENT RATING OF THE SY STEM’S INVERTER; AND 9
302		-
303		-	(III) IS NOT LOCATED WITHI N A MUNICIPAL CORPORAT ION. 10
304		-
305		-	(4) “FOREST” HAS THE MEANING STAT ED IN § 5–1601 OF THE 11
306		-	NATURAL RESOURCES ARTICLE. 12
307		-
308		-	(5) “POWER PLANT RESEARCH PROGRAM” MEANS THE PROGRAM 13
309		-	WITHIN THE DEPARTMENT OF NATURAL RESOURCES UNDER TITLE 3, SUBTITLE 3 14
310		-	OF THE NATURAL RESOURCES ARTICLE. 15
311		-
312		-	(6) “STANDARD LICENSING CO NDITIONS” MEANS THE 16
313		-	PREDETERMINED LICENS ING CONDITIONS ADOPT ED BY THE COMMISSION UNDER 17
314		-	THIS SECTION FOR T HE CONSTRUCTION AND OPERATION OF A DISTR IBUTED SOLAR 18
315		-	ENERGY GENERATING SY STEM THAT HAS BEEN I SSUED A DGCPCN UNDER THIS 19
316		-	SECTION. 20
317		-
318		-	(7) “STANDARD SITING AND D ESIGN REQUIREMENTS ” MEANS THE 21
319		-	PREDETERMINED OBJECT IVE REQUIREMENTS ADO PTED BY THE COMMISSION 22
320		-	UNDER THIS SECTION FOR THE SITING AND DESIGN OF A DISTRIBUTED SOLAR 23
321		-	ENERGY GENERATING SY STEM THAT HAS BEEN I SSUED A DGCPCN UNDER THIS 24
322		-	SECTION. 25
323		-
324		-	(B) (1) ON OR BEFORE JULY 1, 2026, THE POWER PLANT RESEARCH 26
325		-	PROGRAM, AFTER GIVING NOTICE AND OPPORTUNITY FOR PUBLIC COMMENT, 27
326		-	SHALL DEVELOP AND SU BMIT TO THE COMMISSION PROPOSED S TANDARD SITING 28
327		-	AND DESIGN REQUIREME NTS AND PROPOSED STA NDARD LICENSING COND ITIONS 29
328		-	FOR THE ISSUANCE OF A DGCPCN. 30
329		-
330		-	(2) IN DEVELOPING THE PRO POSED STANDARD SITIN G AND DESIGN 31
331		-	REQUIREMENTS AND THE PROPOSED STANDARD LI CENSING CONDITIONS , THE 32
332		-	POWER PLANT RESEARCH PROGRAM SHALL : 33
333		-	8 HOUSE BILL 1036
334		-
335		-
336		-	(I) CONSIDER ACHIEVEMENT OF THE STATE’S CLIMATE AND 1
337		-	RENEWABLE ENERGY COM MITMENTS; 2
338		-
339		-	(II) CONSIDER REASONABLE SETBACKS AND LANDSCA PE 3
340		-	SCREENING REQUIREMEN TS; 4
341		-
342		-	(III) CONSIDER ENVIRONMENTAL P RESERVATION , INCLUDING 5
343		-	PROHIBITIONS ON FORE ST CLEARANCE EXCEPT WHERE NECESSARY TO : 6
344		-
345		-	1. REDUCE SOLAR PANEL S HADING NEAR THE 7
346		-	PERIMETER OF THE PRO JECT SITE; 8
347		-
348		-	2. FACILITATE INTERCONN ECTION INFRASTRUCTUR E; 9
349		-	AND 10
350		-
351		-	3. ENSURE ADEQUATE SITE ACCESS; 11
352		-
353		-	(IV) CONSIDER STORMWATER MANAGEMENT , EROSION AND 12
354		-	SEDIMENT CONTROL , AND SITE STABILIZATI ON, ACCOUNTING FOR : 13
355		-
356		-	1. THE EFFECTS ON RUNOF F FROM SOLAR PANELS AND 14
357		-	ASSOCIATED EQUIPMENT ; 15
358		-
359		-	2. THE EFFECTS OF SOIL CHARACTERISTICS AND 16
360		-	COMPACTION ON RUNOFF ; AND 17
361		-
362		-	3. THE EFFECTS OF THE G ROUND COVER UNDER AN D 18
363		-	BETWEEN THE SOLAR PA NELS ON RUNOFF ; 19
364		-
365		-	(V) CONSIDER MINIMIZATIO N AND MITIGATION OF THE 20
366		-	EFFECTS OF A DISTRIB UTED SOLAR ENERGY GE NERATING SYSTEM ON H ISTORIC 21
367		-	SITES; 22
368		-
369		-	(VI) CONSIDER PUBLIC SAFETY; 23
370		-
371		-	(VII) CONSIDER INDUSTRY BE ST PRACTICES; 24
372		-
373		-	(VIII) CONSIDER ENSURING TH E STABILITY AND RELI ABILITY OF 25
374		-	THE ELECTRIC SYSTEM BY REQUIRING THE APP LICANT TO SUBMIT A S IGNED 26
375		-	INTERCONNECTION AGRE EMENT WITH THE ELECT RIC COMPANY BEFORE T HE 27
376		-	START OF CONSTRUCTIO N; 28
377		-	HOUSE BILL 1036 9
378		-
379		-
380		-	(IX) CONSIDER LICENSING C ONDITIONS PREVIOUSLY ADOPTED 1
381		-	BY THE COMMISSION FOR SOLAR ENERGY GENERATING SY STEMS, INCLUDING 2
382		-	REQUIREMENTS RELATED TO DECOMMISSIONING ; 3
383		-
384		-	(X) ENSURE THE STANDARD SITING AND DESIGN 4
385		-	REQUIREMENTS ARE CON SISTENT WITH § 7–218 OF THIS SUBTITLE; AND 5
386		-
387		-	(XI) CONSIDER ANY OTHER R EQUIREMENTS DETERMIN ED 6
388		-	NECESSARY BY THE POWER PLANT RESEARCH PROGRAM. 7
389		-
390		-	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 8
391		-	BEFORE JULY 1, 2027, THE COMMISSION SHALL ADOP T REGULATIONS TO: 9
392		-
393		-	(I) IMPLEMENT STANDARD S ITING AND DESIGN 10
394		-	REQUIREMENTS AND STA NDARD LICENSING COND ITIONS FOR A DGCPCN; 11
395		-
396		-	(II) SPECIFY THE FORM OF THE APPLICATION FOR A 12
397		-	DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM TO RECEIVE A DGCPCN AND 13
398		-	ANY APPLICATION FEE ; 14
399		-
400		-	(III) SPECIFY THE COMMISSION’S PROCEDURE FOR PROC ESSING 15
401		-	AN APPLICATION FOR A DGCPCN; AND 16
402		-
403		-	(IV) ESTABLISH THE TIME P ERIOD WITHIN WHICH T HE POWER 17
404		-	PLANT RESEARCH PROGRAM MUST MAKE THE DETERMINATION UNDER 18
405		-	SUBSECTION (F) OF THIS SECTION. 19
406		-
407		-	(2) THE COMMISSION SHALL: 20
408		-
409		-	(I) CONSIDER THE PROPOSE D STANDARD SITING AN D DESIGN 21
410		-	REQUIREMENTS AND THE PROPOSED STANDARD LI CENSING CONDITIONS 22
411		-	DEVELOPED BY THE POWER PLANT RESEARCH PROGRAM IN ADOPTING T HE 23
412		-	REGULATIONS UNDER TH IS SUBSECTION; AND 24
413		-
414		-	(II) ENSURE REGULATIONS ADOPTED TO IMPLEMENT 25
415		-	STANDARD SITING AND DESIGN REQUIREMENTS ARE CONSISTENT WITH § 7–218 OF 26
416		-	THIS SUBTITLE. 27
417		-
418		-	(3) (I) THE COMMISSION, IN CONSULTATION WITH THE POWER 28
419		-	PLANT RESEARCH PROGRAM, MAY PERIODICALLY SOL ICIT PUBLIC COMMENTS 29
420		-	REGARDING IMPROVEMENTS TO THE STANDARD SITING AND DESIGN 30
421		-	REQUIREMENTS AND STA NDARD LICENSING COND ITIONS FOR A DGCPCN. 31
422		-	10 HOUSE BILL 1036
423		-
424		-
425		-	(II) THE PROCESS FOR SOLIC ITING PUBLIC COMMENT S UNDER 1
426		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE THE SAME AS T HE PROCESS FOR 2
427		-	SOLICITING PUBLIC COMMENT REGARDING TH E ADOPTION OF A REGU LATION. 3
428		-
429		-	(4) (I) THE COMMISSION AND THE DEPARTMENT OF NATURAL 4
430		-	RESOURCES MAY JOINTLY SET AN APPLICATION F EE FOR A DGCPCN APPLICATION 5
431		-	AT AN AMOUNT THAT TH E COMMISSION AND THE DEPARTMENT OF NATURAL 6
432		-	RESOURCES DETERMINE MAY OFFSET THE ADMIN ISTRATIVE COSTS OF T HE 7
433		-	DGCPCN APPROVAL PROCESS THA T ARE INCURRED BY TH E COMMISSION AND THE 8
434		-	DEPARTMENT OF NATURAL RESOURCES. 9
435		-
436		-	(II) THE ADMINISTRATIVE CO STS UNDER SUBPARAGRA PH (I) OF 10
437		-	THIS PARAGRAPH SHALL BE BASED ON AN ESTIM ATE OF THE NUMBER OF DGCPCN 11
438		-	APPLICATIONS THAT WI LL BE FILED WITH THE COMMISSION EACH YEAR . 12
439		-
440		-	(D) (1) A PERSON MAY NOT BEGIN CONSTRUCTION OF A DI STRIBUTED 13
441		-	SOLAR ENERGY GENERAT ING SYSTEM UNLESS : 14
442		-
443		-	(I) A DGCPCN IS FIRST OBTAINED FR OM THE COMMISSION IN 15
444		-	ACCORDANCE WIT H THIS SECTION; OR 16
445		-
446		-	(II) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 17
447		-	IS FIRST OBTAINED FR OM THE COMMISSION IN ACCORDA NCE WITH § 7–207 OF THIS 18
448		-	SUBTITLE. 19
449		-
450		-	(2) AT LEAST 30 DAYS BEFORE SUBMITTI NG AN APPLICATION FO R A 20
451		-	DGCPCN TO THE COMMISSION, THE APPLICANT SHALL SUBMIT A COPY OF THE 21
452		-	APPLICATION TO THE G OVERNING BODY OF THE COUNTY IN WHICH THE 22
453		-	DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM IS PROPOSED TO BE LOCATED. 23
454		-
455		-	(3) WHEN A PERSON SUBMITS AN APPLICATION FOR A DGCPCN TO 24
456		-	THE COMMISSION, THE PERSON SHA LL SUBMIT A COPY OF THE APPLICATION TO T HE 25
457		-	POWER PLANT RESEARCH PROGRAM. 26
458		-
459		-	(E) (1) AFTER RECEIVING AN AP PLICATION FOR A DGCPCN BUT 27
460		-	BEFORE A DETERMINATI ON IS MADE UNDER SUB SECTION (F) OF THIS SECTION, THE 28
461		-	COMMISSION SHALL PROV IDE AN OPPORTUNITY F OR PUBLIC COMMENT AND HOLD 29
462		-	A PUBLIC HEARING ON AN APPLICATION FOR A DGCPCN IN EACH COUNTY IN 30
463		-	WHICH ANY PORTION OF THE CONSTRUCTION OF THE DISTRIBUTED SOLA R ENERGY 31
464		-	GENERATING SYSTEM IS PROPOSED TO BE LOCAT ED. 32
465		-
466		-	(2) THE COMMISSION MAY HOLD T HE PUBLIC HEARING VI RTUALLY 33
467		-	RATHER THAN IN PERSO N IF THE COMMISSION PROVIDES A COMPARABLE 34
468		-	OPPORTUNITY FOR PUBL IC COMMENT AND PARTI CIPATION IN THE HEAR ING. 35 HOUSE BILL 1036 11
469		-
470		-
471		-
472		-	(F) (1) AFTER AN APPLICATION FOR A DGCPCN IS FILED WITH THE 1
473		-	COMMISSION AND WITHIN THE TIME PERIOD SET BY THE COMMISSION UNDER 2
474		-	SUBSECTION (C)(1)(IV) OF THIS SECTION, THE POWER PLANT RESEARCH PROGRAM 3
475		-	SHALL: 4
476		-
477		-	(I) DETERMINE WHETHER TH E DISTRIBUTED SOLAR ENERGY 5
478		-	GENERATING SYSTEM SA TISFIES THE STANDARD SITING AND DESIGN 6
479		-	REQUIREMENTS FOR THE DGCPCN; AND 7
480		-
481		-	(II) NOTIFY THE COMMISSION IN WRITING AS TO THE 8
482		-	DETERMINATION MADE U NDER ITEM (I) OF THIS PARAGRAPH , INCLUDING HOW AN 9
483		-	APPLICATION THAT IS DETERMINED NOT TO SA TISFY THE STANDARD S ITING AND 10
484		-	DESIGN REQUIREMENTS CAN CURE THE DEFICIE NCY. 11
485		-
486		-	(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 12
487		-	SUBSECTION, THE POWER PLANT RESEARCH PROGRAM SHALL CONSIDE R PUBLIC 13
488		-	COMMENTS RECEIVED BY THE COMMISSION. 14
489		-
490		-	(G) (1) WITHIN 60 DAYS AFTER THE POWER PLANT RESEARCH 15
491		-	PROGRAM MAKES ITS DET ERMINATION UNDER SUB SECTION (F)(1) OF THIS 16
492		-	SECTION, THE COMMISSION SHALL SCHEDULE A HEARING TO CONSIDER THE 17
493		-	APPLICATION FOR A DGCPCN. 18
494		-
495		-	(2) (I) AT THE HEARING UNDER PARAGRAPH (1) OF THIS 19
496		-	SUBSECTION, THE COMMISSION SHALL DETE RMINE WHETHER THE PR OPOSED 20
497		-	DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM SATISFIES THE STA NDARD 21
498		-	SITING AND DESIGN REQ UIREMENTS. 22
499		-
500		-	(II) THE COMMISSION SHALL ISSU E A DGCPCN TO AN 23
501		-	APPLICANT TO CONSTRU CT A PROPOSED DISTRI BUTED SOLAR ENERGY 24
502		-	GENERATING SYSTEM SU BJECT TO THE STANDAR D LICENSING CONDITIO NS IF THE 25
503		-	COMMISSION DETERMINES THAT THE PROPOSED DI STRIBUTED SOLAR ENERGY 26
504		-	GENERATING SYSTEM SA TISFIES THE STANDARD SITING AND DESIGN 27
505		-	REQUIREMENTS . 28
506		-
507		-	(III) THE COMMISSION MAY NOT IS SUE A DGCPCN TO AN 29
508		-	APPLICANT IF THE PRO POSED DISTRIBUTED SO LAR ENERGY GENERATIN G SYSTEM 30
509		-	DOES NOT SATISFY EAC H OF THE STANDARD SI TING AND DESIGN REQU IREMENTS. 31
510		-
511		-	(3) IN MAKING A DETERMINA TION UNDER THIS SUBS ECTION, THE 32
512		-	COMMISSION SHALL CONS IDER PUBLIC COMMENTS RECEIVED BY THE COMMISSION 33
513		-	UNDER SUBSECTION (E) OF THIS SECTION. 34
514		-	12 HOUSE BILL 1036
515		-
516		-
517		-	(H) (1) A DGCPCN ISSUED BY THE COMMISSION UNDER THIS SECTION 1
518		-	SHALL REQUIRE THE PE RSON CONSTRUCTING TH E DISTRIBUTED SOLAR ENERGY 2
519		-	GENERATING SYSTEM TO OBTAIN THE FOLLOWING PERMITS AND APPROVAL S FROM 3
520		-	THE COUNTY , MUNICIPAL CORPORATIO N, OR SOIL CONSERVATION DISTRICT IN 4
521		-	WHICH THE SYSTEM IS TO BE CONSTRUCTED : 5
522		-
523		-	(I) SITE PLAN APPROVAL ; 6
524		-
525		-	(II) STORMWATER MANAGEMEN T PLAN APPROVAL ; 7
526		-
527		-	(III) EROSION AND SEDIMENT CONTROL PLAN APPROVA L; 8
528		-
529		-	(IV) ALL APPLICABLE BUILD ING AND ELECTRICAL P ERMITS; 9
530		-	AND 10
531		-
532		-	(V) ANY ADDITIONAL LOCAL PERMIT REQUIRED BY T HE 11
533		-	STANDARD LICENSING C ONDITIONS. 12
534		-
535		-	(2) THE PROVISIONS OF § 7–207(H) OF THIS SUBTITLE SHA LL APPLY 13
536		-	TO ANY PERMITS AND A PPROVALS REQUIRED UN DER PARAGRAPH (1) OF THIS 14
537		-	SUBSECTION. 15
538		-
539		-	(I) A DGCPCN ISSUED BY THE COMMISSION UNDER THIS SECTION HAS 16
540		-	THE SAME FORCE AND E FFECT AS A CERTIFICA TE OF PUBLIC CONVENIENC E AND 17
541		-	NECESSITY ISSUED UND ER § 7–207 OF THIS SUBTITLE. 18
542		-
543		-	7–218. 19
544		-
545		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
546		-	INDICATED. 21
547		-
548		-	(2) “AGRIVOLTAICS” HAS THE MEANING STAT ED IN § 7–306.2 OF THIS 22
549		-	TITLE. 23
550		-
551		-	(2) (3) “BROWNFIELD S SITE” HAS THE MEANING STAT ED IN § 24
552		-	7–207 OF THIS SUBTITLE . 25
553		-
554		-	(3) (4) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 26
555		-	CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 27
556		-
557		-	(5) “PRIORITY PRESERVATION AREA” MEANS AN AREA CERTIF IED AS 28
558		-	A PRIORITY PRESERVAT ION AREA UNDER § 2–518 OF THE AGRICULTURE ARTICLE. 29
559		-	HOUSE BILL 1036 13
560		-
561		-
562		-	(6) (I) “PROJECT AREA ” MEANS AN AREA WITHIN WHICH 1
563		-	CONSTRUCTION , MATERIALS AND EQUIPM ENT STORAGE , GRADING, LANDSCAPING , 2
564		-	AND RELATED ACTIVITI ES FOR A PROJEC T MAY OCCUR. 3
565		-
566		-	(II) “PROJECT AREA ” INCLUDES ONE OR MORE CONTIGUOUS 4
567		-	PARCELS OR PROPERTIE S UNDER THE SAME OWN ERSHIP OR LEASE AGRE EMENT. 5
568		-
569		-	(B) THIS SECTION APPLIES ONLY TO A SOLAR ENER GY GENERATING 6
570		-	STATION THAT: 7
571		-
572		-	(1) HAS THE CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS 1 8
573		-	MEGAWATT OF ELECTRICITY AS ME ASURED BY THE ALTERN ATING CURRENT RATING 9
574		-	OF THE SYSTEM’S STATION’S INVERTER; 10
575		-
576		-	(2) (I) IS DESIGNED TO PRODU CE ELECTRICITY FOR S ALE ON THE 11
577		-	WHOLESALE MARKET ; OR 12
578		-
579		-	(II) IS A COMMUNITY SOLAR ENERGY GENERATING SY STEM 13
580		-	UNDER § 7–306.2 OF THIS TITLE; OR 14
581		-
582		-	(III) IS PART OF AGGREGATE NET METERING UNDER § 7–306.3 15
583		-	OF THIS TITLE; AND 16
584		-
585		-	(3) IS NOT LOCATED ON A ROOFTOP, CARPORT, OR BROWNFIELDS 17
586		-	SITE OR BEHIND THE M ETER OF A RETAIL ELECTRIC CUSTOMER . 18
587		-
588		-	(C) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SO LAR ENERGY 19
589		-	GENERATING STATION U NLESS: 20
590		-
591		-	(1) THE CONSTRUCTION HAS BEE N APPROVED BY THE COMMISSION 21
592		-	IN ACCORDANCE WITH OR, FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS 22
593		-	THE CAPACITY TO PRO DUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 23
594		-	MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 24
595		-	THE LOCAL JURISDICTI ON VERIFIES THAT THE PROPOSED CONSTRUCTIO N MEETS 25
596		-	ALL OF THE SITE REQU IREMENTS UNDER SUBSE CTION (F) OF THIS SECTION; AND 26
597		-
598		-	(2) (I) FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS THE 27
599		-	CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS MEASURED 28
600		-	BY THE ALTERNATING C URRENT RATING OF THE STATION’S INVERTER: 29
601		-
602		-	(I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 30
603		-	HAS BEEN ISSUED IN A CCORDANCE WITH § 7–207 OF THIS SUBTITLE; OR 31
604		-	14 HOUSE BILL 1036
605		-
606		-
607		-	(II) A DISTRIBUTED GENERA TION CERTIFICATE OF PUBLIC 1
608		-	CONVENIENCE AND NECE SSITY HAS BEEN ISSUE D IN ACCORDANCE WITH § 7–207.4 2
609		-	OF THIS SUBTITLE; OR 3
610		-
611		-	(III) THE CONSTRUCTION HAS BEEN APPROVED BY THE 4
612		-	COMMISSION IN ACCORDA NCE WITH § 7–207.1 OF THIS SUBTITLE; AND 5
613		-
614		-	(3) THE CONSTRUCTION HAS RECEIVED APPROVAL FO R ALL LOCAL 6
615		-	PERMITS REQUIRED UND ER § 7–207(H) OF THIS SUBTITLE. 7
616		-
617		-	(D) ON RECEIPT OF AN APPLICATION FOR APPR OVAL UNDER THIS SECT ION, 8
618		-	THE COMMISSION SHALL PROV IDE IMMEDIATE NOTICE OR REQUIRE THE 9
619		-	APPLICANT TO PROVIDE IMMEDIATE NOTICE OF THE APPLICATION TO : 10
620		-
621		-	(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 11
622		-	CORPORATION IN WHICH ANY PORTION OF THE SOLAR ENERGY GEN ERATING 12
623		-	STATION IS PROPOSED TO BE CONSTRUCTED ; 13
624		-
625		-	(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 14
626		-	CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R ENERGY 15
627		-	GENERATING STATION ; 16
628		-
629		-	(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 17
630		-	PART OF A COUNTY IN WHICH ANY PORTION OF THE SOLAR ENERGY GEN ERATING 18
631		-	STATION IS PROPOSED TO BE CONSTRUCTED ; 19
632		-
633		-	(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 20
634		-	PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R 21
635		-	ENERGY GENERATING ST ATION; AND 22
636		-
637		-	(5) THE RESIDENTS AND PR OPERTY OWNERS WITHIN 1 MILE OF THE 23
638		-	PROPOSED LOCATION OF THE SOLAR ENERGY GEN ERATING STATION 24
639		-
640		-	(1) A PERSON THAT SUBMITS AN APPLICATION FOR A PPROVAL OF 25
641		-	THE CONSTRUCTION OF A SOLAR ENERGY GENER ATING STATION IN ACCORDANC E 26
642		-	WITH § 7–207, § 7–207.1, OR § 7–207.4 OF THIS SUBTITLE SHA LL INCLUDE WITH THE 27
643		-	APPLICATION WRITTEN DOCUMENTATION OR OTH ER EVIDENCE SHOWING THAT THE 28
644		-	PROPOSED CONSTRUCTIO N MEETS THE REQUIREM ENTS UNDER SUBSECTIO NS (F) 29
645		-	AND (G) OF THIS SECTION. 30
646		-
647		-	(2) FOR A SOLAR ENERGY GE NERATING STATION THA T HAS THE 31
648		-	CAPACITY TO PRODUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 32
649		-	MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 33
650		-	A PERSON THAT SUBMIT S A SITE DEVELOPMENT PLAN TO A LOCAL JU RISDICTION 34 HOUSE BILL 1036 15
651		-
652		-
653		-	SHALL INCLUDE WITH T HE PLAN WRITTEN DOCU MENTATION OR OTHER E VIDENCE 1
654		-	SHOWING THAT THE PRO POSED CONSTRUCTION M EETS THE REQUIREMENT S UNDER 2
655		-	SUBSECTIONS (F) AND (G) OF THIS SECTION. 3
656		-
657		-	(E) (E) (1) WHEN REVIEWING AN APPLICA TION FOR APPROVAL UN DER 4
658		-	VERIFYING WHETHER THE DOC UMENTATION PROVIDED UNDER SUBSECTION (D) OF 5
659		-	THIS SECTION MEETS T HE REQUIREMENTS UNDE R SUBSECTIONS (F) AND (G) OF 6
660		-	THIS SECTION, THE COMMISSION OR LOCAL JURISDICTIO N SHALL: 7
	242	+	(E) WHEN REVIEWING AN APP LICATION FOR APPROVA L UNDER THIS 6
	243	+	SECTION, THE COMMISSION SHALL : 7
661	244
662	245		(1) COMPLY WITH AND REQUIRE THE OWNER OF THE PROPOSED 8
663	246		SOLAR ENERGY GENERAT ING STATION TO COMPL Y WITH § 7–207(D) OF THIS 9
664	247		SUBTITLE; AND 10
665	248
666		-	(2), IF THE PROPOSED LOCA TION OF THE SOLAR EN ERGY 11
	249	+	(2) IF THE PROPOSED LOCA TION OF THE SOLAR EN ERGY 11
667	250		GENERATING STATION I S IN AN AREA CONSIDE RED TO BE OVERBURDEN ED AND 12
668	251		UNDERSERVED , AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE 13
669	252		THE PERSON CONSTRUCT ING THE SOLAR ENERGY GENERATING STATION T O HOLD 14
670	253		AT LEAST TWO PUBLIC MEETINGS IN THE COMM UNITY WHERE THE SOLA R ENERGY 15
671		-	GENERATING STATION I S TO BE LOCATED TO COLLECT COMMUNITY FEEDBACK AND 16
672		-	PROVIDE OPPORTUNITIE S TO ADDRESS COMMUNI TY FEEDBACK. 17
	254	+	GENERATING STATION I S TO BE LOCATED . 16
673	255
674		-	(2) (I) ~~SUBJECT TO SUBPARAGRA PH (II)~~ OF ~~THIS PARAGRAPH , THE 18~~
675		-	~~MEETINGS REQUIRED UN DER PARAGRAPH (1) OF THIS SUBSECTION S HALL BE HELD~~: 19
	256	+	(F) (1) AN OWNER OF A PROPOSE D SOLAR ENERGY GENERAT ING 17
	257	+	STATION: 18
676	258
677		-	1. IN THE COUNTY IN WHI CH THE PROPOSED SOLA R 20
678		-	ENERGY GENERATING ST ATION IS TO BE LOCAT ED; AND 21
	259	+	(I) SHALL PROVIDE A BOUN DARY OF 150 FEET BETWEEN THE 19
	260	+	SOLAR ENERGY GENERAT ING STATION AND ANY OCCUPIED BUILDINGS O R 20
	261	+	DWELLINGS NOT AFFILI ATED WITH THE SOLAR ENERGY GENERATING ST ATION; 21
679	262
680		-	2. WITHIN 10 MILES OF THE PROPOSE D LOCATION OF 22
681		-	THE SOLAR ENERGY GEN ERATING STATION . 23
	263	+	(II) SHALL PROVIDE A BOUN DARY OF 50 FEET BETWEEN THE 22
	264	+	SOLAR ENERGY GENERAT ING STATION AND ANY PARCELS OF LAND NOT AFFILIATED 23
	265	+	WITH THE SOLAR ENERG Y GENERATING STATION ; 24
682	266
683		-	(II) IF THE OWNER OF A PRO POSED SOLAR ENERGY 24
684		-	GENERATING STATION C ANNOT FIND A MEETING LOCATION THAT MEETS THE 25
685		-	REQUIREMENTS OF SUBP ARAGRAPH (I) OF THIS PARAGRAPH , THE OWNER MAY 26
686		-	SELECT AN ALTERNATIV E LOCATION THAT IS A S CLOSE AS PRACTICAB LE TO THE 27
687		-	LOCATION OF THE PROP OSED SOLAR ENERGY GE NERATING STATION . 28
	267	+	(III) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 25
688	268
689		-	(F) (1) AN THIS SUBSECTION DOES NOT APPLY TO AGRIVOL TAICS. 29
	269	+	A. AROUND THE SOLAR ENE RGY GENERATING STATI ON; 26
	270	+	AND 27
690	271
691		-	(2) EXCEPT AS PROVIDED IN PARAGRAPH (10) OF THIS SUBSECTION , 30
692		-	AN OWNER OF A PROPOSED SOLAR ENERGY GENERAT ING STATION: 31
	272	+	B. THAT IS NOT MORE THAN 20 FEET IN HEIGHT; AND 28
693	273
694		-	(I) SHALL PROVIDE A BOUN DARY OF 150 FEET BETWEEN THE 32
695		-	SOLAR ENERGY GENERAT ING STATION AND ANY OCCUPIED BUILDIN GS OR 33 16 HOUSE BILL 1036
	274	+	2. MAY USE BARBED WIRE FENCING AROUND THE 29
	275	+	SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 30
	276	+	INFRASTRUCTURE ; AND 31
	277	+	HOUSE BILL 1036 7
696	278
697	279
698		-	~~DWELLINGS NOT AFFILI ATED WITH THE SOLAR ENERGY GENERATING ST ATION THE~~ 1
699		-	~~NEAREST W ALL OF A RESIDENTIAL DWELLING;~~ 2
	280	+	(IV) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 1
	281	+	VEGETATIVE SCREENING IF REQUIRED BY THE LOCAL JURISDI CTION. 2
700	282
701		-	(II) SHALL PROVIDE A BOUN DARY OF 50 100 FEET BETWEEN 3
702		-	THE SOLAR ENERGY GEN ERATING STATION AND ANY PARCELS OF LAND NOT 4
703		-	AFFILIATED WITH THE SOLAR ENERG Y GENERATING STATION ALL PROPERTY LINES , 5
704		-	NOT INCLUDING PROPER TY LINES THAT BISECT THE INTE RIOR OF A PROJECT AR EA; 6
	283	+	(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 3
	284	+	FOR A SOLAR ENERGY G ENERATING STATION AP PROVED UNDER THIS SE CTION. 4
705	285
706		-	(III) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 7
	286	+	(3) THE BUFFER REQUIRED I N PARAGRAPH (1)(IV) OF THIS 5
	287	+	SUBSECTION SHALL : 6
707	288
708		-	A. AROUND THE SOLAR ENE RGY GENERATING STATI ON 8
709		-	ONLY ON THE INTERIOR OF A LANDSCAPE BUFFE R OR IMMEDIATELY ADJ ACENT TO 9
710		-	A SOLAR ENERGY GENER ATING STATION; AND 10
	289	+	(I) BE NOT MORE THAN 25 FEET IN DEPTH; 7
711	290
712		-	B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; 11
	291	+	(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 8
	292	+	SOLAR ENERGY GENERAT ING SYSTEM; 9
713	293
714		-	~~C. THAT IS ONLY BLACK O R GREEN VINYL WIRE M ESH IF 12~~
715		-	~~THE OWNER PROPOSES T O USE CHAIN LINK FEN CING~~; AND 13
	294	+	(III) INCLUDE MULTILAYERED , STAGGERED ROWS OF 10
	295	+	OVERSTORY AND UNDERS TORY TREES; AND 11
716	296
717		-	~~D. THAT IS~~ NOT ~~LESS THA N 50 FEET AWAY FROM THE 14~~
718		-	~~EDGE~~ OF ~~ANY PUBLIC R OAD RIGHT–OF–WAY; AND 15~~
	297	+	(IV) BE PLANTED WITH NOT MORE THAN 10 TREES PER 100 12
	298	+	LINEAR FEET, WITH A MAXIMUM HEIGH T AT PLANTING OF 6 FEET. 13
719	299
720		-	~~2. MAY USE BARBED WIRE FENCING AROUND~~ THE 16
721		-	~~SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE~~ FOR ~~PROTECTION O F THAT 17~~
722		-	~~INFRASTRUCTURE ; AND 18~~
	300	+	(4) WITH RESPECT TO THE S ITE ON WHICH A SOLAR ENERGY 14
	301	+	GENERATING STATION I S PROPOSED FOR CONST RUCTION, THE OWNER OF THE 15
	302	+	SOLAR ENERGY GENERAT ING STATION: 16
723	303
724		-	(IV) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 19
725		-	VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . IN 20
726		-	ACCORDANCE WIT H PARAGRAPH (4) OF THIS SUBSECTION ; 21
	304	+	(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EXTENT 17
	305	+	POSSIBLE; 18
727	306
728		-	(V) EXCEPT FOR EQUIPMENT REQUIRED FOR 22
729		-	INTERCONNECTION WITH ELECTRIC SYSTEM INFR ASTRUCTURE , MAY NOT LOCATE 23
730		-	ANY SOLAR ARRAY , ANCILLARY EQUIPMENT , OR ACCESSORY BUILDIN GS OR 24
731		-	FACILITIES WITHIN A PUBLIC ROAD RIGHT –OF–WAY; 25
	307	+	(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 19
	308	+	MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; 20
732	309
733		-	(VI) 1. SHALL MITIGATE THE V ISUAL IMPACT OF THE SOLAR 26
734		-	ENERGY GENERATING ST ATION ON A PRESERVAT ION AREA, RURAL LEGACY AREA , 27
735		-	PRIORITY PRESERVATIO N AREA, PUBLIC PARK , SCENIC RIVER OR BYWA Y, 28
736		-	DESIGNATED HERITAGE AREA, OR HISTORIC STRUCTUR E OR SITE LISTED ON OR 29
737		-	ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES OR RELEVANT 30
738		-	COUNTY REGISTER OF H ISTORIC PLACES; AND 31
	310	+	(III) TO MAINTAIN SOIL INT EGRITY, SHALL PLANT NATIVE 21
	311	+	VEGETATION AND OTHER APPROPRIATE VEGETATI VE PROTECTIONS THAT HAVE A 22
	312	+	90% SURVIVAL THRESHOLD FOR THE FIRST 3 YEARS OF THE LIFE OF THE SOLAR 23
	313	+	ENERGY GENERATING ST ATION; 24
739	314
740		-	2. A. FOR A SOLAR ENERGY G ENERATING STATION 32
741		-	THAT HAS THE CAPACIT Y TO PRODUCE MORE TH AN 2 MEGAWATTS OF ELECTRI CITY 33 HOUSE BILL 1036 17
	315	+	(IV) SHALL LIMIT MOWING A ND OTHER UNNECESSARY 25
	316	+	LANDSCAPING ; 26
	317	+
	318	+	(V) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 27
	319	+	SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 28
	320	+	CONTROL PROGRAM ; AND 29
	321	+	8 HOUSE BILL 1036
742	322
743	323
744		-	~~AS MEASURED BY~~ THE ~~A LTERNATING CURRENT~~ OF THE ~~S TATION’S INVERTER, SHALL~~ 1
745		-	~~INCLUDE IN~~ THE ~~APPLI CATION SUBMITTED UND ER SUBSECTION (C)(2) OF THIS~~ 2
746		-	~~SECTION A VIEWSHED A NALYSIS FOR ANY AREA , STRUCTURE,~~ ~~OR SITE SPECIFIED IN~~ 3
747		-	~~ITEM 1 OF THIS ITEM; AND~~ 4
	324	+	(VI) SHALL POST FOR THE F IRST 3 YEARS OF THE LIFE OF THE 1
	325	+	SOLAR ENERGY GENERAT ING STATION A LANDSC APING BOND EQUAL TO 50% OF THE 2
	326	+	TOTAL LANDSCAPING CO ST WITH THE COUNTY I N WHICH THE SOLAR EN ERGY 3
	327	+	GENERATING STATION IS LOCATED. 4
748	328
749		-	B. FOR A SOLAR ENERGY G ENERATING STATI ON THAT 5
750		-	HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 MEGAWATTS OF ELECTRI CITY 6
751		-	AS MEASURED BY THE A LTERNATING CURRENT O F THE STATION’S INVERTER, SHALL 7
752		-	INCLUDE IN AN APPLIC ATION FOR A SITE DEV ELOPMENT PLAN A VIEW SHED 8
753		-	ANALYSIS FOR ANY ARE A, STRUCTURE, OR SITE SPECIFIED IN ITEM 1 OF THIS ITEM; 9
754		-	AND 10
	329	+	(5) EXCEPT AS REQUIRED BY LAW, OR FOR SAFETY OR EME RGENCY, 5
	330	+	THE SOLAR ENERGY GEN ERATING STATION MAY NOT EMIT VISIBLE LIG HT DURING 6
	331	+	DUSK TO DAWN OPERATI ONS. 7
755	332
756		-	(VII) SHALL PROVIDE NOTICE OF EACH PROPOSED SOL AR 11
757		-	ENERGY GENERATING ST ATION TO THE EMERGEN CY RESPONSE SERVICES OF EACH 12
758		-	COUNTY IN WHICH ANY PORTION OF THE GENER ATING STATION IS TO BE 13
759		-	CONSTRUCTED , INCLUDING A MAP OF THE PROPOSED GENERAT ING STATION AND 14
760		-	THE PROPOSED LOCATIO N OF ANY SOLAR COLLE CTOR OR ISOLATOR SWI TCH. 15
	333	+	(G) AN OWNER OF A SOLAR E NERGY GENERATING STA TION: 8
761	334
762		-	(2) (3) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A 16
763		-	BERM FOR A SOLAR ENE RGY GENERATING STATI ON APPROVED UNDER TH IS 17
764		-	SECTION. 18
	335	+	(1) SHALL ENTER INTO A D ECOMMISSIONING AGREEMENT W ITH THE 9
	336	+	COMMISSION ON A FORM THAT THE COMMISSION PROVIDES ; 10
765	337
766		-	(3) (4) THE BUFFER OR VEGETATIVE SCREEN ING REQUIRED IN 19
767		-	PARAGRAPH (1)(IV) (2)(IV) OF THIS SUBSECTION S HALL: 20
	338	+	(2) SHALL POST A SURETY BOND WITH THE COMMISSION FOR NOT 11
	339	+	MORE THAN 100% OF THE COST OF DECOM MISSIONING THE SOLAR ENERGY 12
	340	+	GENERATING STATION A ND ITS RELATED INFRA STRUCTURE, LESS ANY SALVAGE 13
	341	+	VALUE; AND 14
768	342
769		-	(I) BE NOT MORE THAN 25 FEET IN DEPTH; 21
	343	+	(3) SHALL EXECUTE A SECU RITIZATION BOND TRUE –UP EVERY 5 15
	344	+	YEARS. 16
770	345
771		-	(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 22
772		-	SOLAR ENERGY GENERAT ING SYSTEM; 23
	346	+	(H) (1) A LOCAL JURISDICTION M AY NOT: 17
773	347
774		-	(III) INCLUDE MULTILAYERED , STAGGERED ROWS OF 24
775		-	OVERSTORY AND UNDERS TORY TREES; AND 25
	348	+	(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 18
	349	+	THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF SOLAR ENERGY 19
	350	+	GENERATING STATIONS; OR 20
776	351
777		-	(IV) ~~BE PLANTED WITH NOT MORE THAN 10 TREES PER 100 26~~
778		-	~~LINEAR FEET,~~ ~~WITH A MAXIMUM HEIGH T AT PLANTING~~ OF ~~6 FEET BE NOT MORE 27~~
779		-	~~THAN 35 FEET WIDE; 28~~
	352	+	(II) DENY SITE DEVELOPMEN T PLANS FOR SOLAR EN ERGY 21
	353	+	GENERATING STATIONS THAT MEET THE REQUIR EMENTS OF SUBSECTION (F) OF 22
	354	+	THIS SECTION. 23
780	355
781		-	(II) BE PROVIDED ALONG : 29
	356	+	(2) A LOCAL JURISDICTION S HALL EXPEDITE THE RE VIEW AND 24
	357	+	APPROVAL OF SITE DEV ELOPMENT PLANS FOR S OLAR ENE RGY GENERATING 25
	358	+	STATIONS IF THOSE PL ANS MEET THE REQUIRE MENTS OF THIS SECTIO N. 26
782	359
783		-	1. ALL PROPERTY LINES ; 30
	360	+	(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 27
	361	+	SOLAR ENERGY GENERAT ING STATION IS EXEMP T FROM PERSONAL AND REAL 28
	362	+	PROPERTY TAXES . 29
784	363
785		-	2. LOCATIONS OF THE EXT ERIOR BOUNDARY FOR T HE 31
786		-	SOLAR ENERGY GENERAT ING STATION WHERE EX ISTING WOODED VEGETA TION OF 32
787		-	50 FEET OR MORE IN WIDT H DOES NOT EXIST ; OR 33 18 HOUSE BILL 1036
	364	+	(2) A SOLAR ENERGY GENERAT ING STATION MAY BE R EQUIRED BY A 30
	365	+	LOCAL JURISDICTION T O MAKE A PAYMENT IN LIEU OF TAXES UP TO $5,000 PER 31 HOUSE BILL 1036 9
	366	+
	367	+
	368	+	MEGAWATT OF ENERGY G ENERATED FROM THE SO LAR ENERGY GENERATIN G 1
	369	+	STATION. 2
	370	+
	371	+	(J) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO ADD ANY 3
	372	+	ADDITIONAL LIMITATIO NS TO THE AUTHORITY OF THE COMMISSION IN THE 4
	373	+	APPROVAL PROCESS FOR AN APPLICATION FOR A CERTIFICATE OF PUBLI C 5
	374	+	CONVENIENCE AND NECE SSITY. 6
	375	+
	376	+	7–219. 7
	377	+
	378	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
	379	+	INDICATED. 9
	380	+
	381	+	(2) “ENERGY STORAGE DEVICE ” HAS THE M EANING STATED IN § 10
	382	+	7–216 OF THIS SUBTITLE . 11
	383	+
	384	+	(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 12
	385	+	CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 13
	386	+
	387	+	(B) A PERSON MAY NOT BEGIN CONSTRUCTION OF AN E NERGY STORAGE 14
	388	+	DEVICE UNLESS THE CO NSTRUCTION HAS BEEN APPROVED BY THE COMMISSION IN 15
	389	+	ACCORDANCE WITH THIS SECTION. 16
	390	+
	391	+	(C) ON RECEIPT OF AN APPL ICATION FOR APPROVAL OF THE 17
	392	+	CONSTRUCTION OF ENER GY STORAGE DEVICES U NDER THIS SECTION , THE 18
	393	+	COMMISSION SHALL PROV IDE IMMEDIATE NOTICE OR REQUIRE THE APPLI CANT TO 19
	394	+	PROVIDE IMMEDIATE NOTICE OF T HE APPLICATION TO : 20
	395	+
	396	+	(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 21
	397	+	CORPORATION IN WHICH ANY PORTION OF THE E NERGY STORAGE DEVICE IS 22
	398	+	PROPOSED TO BE CONST RUCTED; 23
	399	+
	400	+	(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 24
	401	+	CORPORATION WITH IN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 25
	402	+	STORAGE DEVICE ; 26
	403	+
	404	+	(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 27
	405	+	PART OF A COUNTY IN WHICH ANY PORTION OF THE ENERGY STORAGE D EVICE IS 28
	406	+	PROPOSED TO BE CONST RUCTED; 29
	407	+
	408	+	(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 30
	409	+	PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 31
	410	+	STORAGE DEVICE ; AND 32 10 HOUSE BILL 1036
788	411
789	412
790	413
791		-	3. AN ALTERNATIVE LOCAT ION WITHIN THE BOUND ARY 1
792		-	FOR THE SOLAR ENERGY GENERATING STATION I F THE OWNER DEMONSTR ATES 2
793		-	THAT THE ALTERNATIVE LOCATION WOULD MAXIM IZE THE VISUAL SCREE NING; 3
	414	+	(5) THE RESIDENTS AND OW NERS OF PROPERTY THA T IS WITHIN 1 1
	415	+	MILE OF THE PROPOSED LOCATION OF THE ENER GY STORAGE DEVICE . 2
794	416
795		-	(~~III~~) ~~PROVIDE~~ FOR ~~FOUR –SEASON~~ ~~VISUAL SCREEN ING OF THE 4~~
796		-	~~SOLAR ENERGY GENERAT ING STATION;~~ 5
	417	+	(D) WHEN REVIEWING AN APPLICA TION FOR APPROVAL UN DER THIS 3
	418	+	SECTION, THE COMMISSION SHALL : 4
797	419
798		-	(IV) BE PLACED BETWEEN AN Y FENCING AND THE PU BLIC VIEW; 6
	420	+	(1) IF THE PROJECT WILL STORE MORE THAN 100 KILOWATTS, 5
	421	+	COMPLY WITH AND REQU IRE THE APPLICANT TO COMPLY WITH § 7–207(D) OF THIS 6
	422	+	SUBTITLE; 7
799	423
800		-	(V) INCLUDE MULTILAYERED , STAGGERED ROWS OF 7
801		-	OVERSTORY AND UNDERS TORY TREES AND SHRUB S THAT: 8
	424	+	(2) IF THE PROPOSED LOCA TION OF THE ENERGY STORAGE D EVICE IS 8
	425	+	IN AN AREA CONSIDERE D TO BE OVERBURDENED AND UNDERSERVED , AS DEFINED 9
	426	+	IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE THE APPLICAN T TO HOLD AT 10
	427	+	LEAST TWO PUBLIC MEE TINGS IN THE COMMUNI TY WHERE THE ENERGY STORAGE 11
	428	+	DEVICE IS TO BE LO CATED; AND 12
802	429
803		-	1. ARE A MIXTURE OF EVE RGREEN AND DECIDUOUS 9
804		-	VEGETATION; 10
	430	+	(3) EXEMPT AN ENERGY STO RAGE DEVICE THAT IS LOCATED WITHIN 13
	431	+	THE BOUNDARIES OF AN EXISTING ELECTRICITY GENERATING STATION F ROM THE 14
	432	+	MEETING REQUIREMENTS OF THIS SUBSECTION . 15
805	433
806		-	~~2. ARE PREDOMINANTLY NA TIVE TO THE REGION ; 11~~
	434	+	(E) (1) AN OWNER OF A PROPOSE D ENERGY STORAGE DEV ICE: 16
807	435
808		-	3. ~~ARE MORE THAN 4 FEET IN HEIGHT AT PL ANTING; 12~~
	436	+	(I) 1. SHALL PROVIDE NONBARBED WI RE FENCING: 17
809	437
810		-	4. ARE DESIGNED TO PROV IDE SCREENING OR 13
811		-	BUFFERING WITHIN 5 YEARS OF PLANTING ; 14
	438	+	A. AROUND THE ENERGY ST ORAGE DEVICE ; AND 18
812	439
813		-	5. MAY NOT BE TRIMMED T O STUNT UPWARD OR 15
814		-	OUTWARD GROWTH OR TO OTHERWISE LIMIT THE EFFECTIVENESS OF THE VISUAL 16
815		-	SCREEN; 17
	440	+	B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; AND 19
816	441
817		-	6. ~~CONFORM TO~~ THE ~~PLANT SIZE SPECIFICATIONS 18~~
818		-	~~ESTABLISHED BY THE AMERICAN STANDARD~~ FOR ~~NURSERY STOCK (ANSI~~ ~~Z60.1); 19~~
819		-	AND 20
	442	+	2. MAY USE BARBED WIRE FENCING AROUND THE 20
	443	+	SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 21
	444	+	INFRASTRU CTURE; AND 22
820	445
821		-	~~7. ARE SPECIFIED IN~~ A ~~L ANDSCAPING PLAN PREP ARED 21~~
822		-	BY ~~A QUALIFIED PROFE SSIONAL LANDSCAPE AR CHITECT; 22~~
	446	+	(II) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 23
	447	+	VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . 24
823	448
824		-	(VI) BE INSTALLED AS EARL Y IN THE CONSTRUCTION PROC ESS 23
825		-	AS PRACTICABLE AND B EFORE THE ACTIVATION OF THE PROPOSED SOLA R ENERGY 24
826		-	GENERATING STATION ; 25
	449	+	(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 25
	450	+	FOR AN ENERGY STORAG E DEVICE APPROVED UN DER THIS SECTION . 26
827	451
828		-	(VII) PRESERVE TO THE MAXI MUM EXTENT PRACTICAB LE AND 26
829		-	SUPPLEMENTED WITH NE W PLANTINGS WHERE NE CESSARY, ANY FOREST OR 27
830		-	HEDGEROW THAT EXISTS AT A LOCATION WHERE VISUAL SCREENING OR 28
831		-	LANDSCAPE BUFFERING IS REQUIRED; AND 29
832		-	HOUSE BILL 1036 19
	452	+	(3) THE BUFFER REQUIRED IN P ARAGRAPH (1)(II) OF THIS 27
	453	+	SUBSECTION SHALL : 28
833	454
834		-
835		-	(VIII) SHALL BE MAINTAINED WITH A 90% SURVIVAL THRESHOLD 1
836		-	FOR THE LIFE OF THE SOLAR ENERGY GENERAT ING STATION THROUGH A 2
837		-	MAINTENANCE AGREEMEN T THAT INCLUDES A WA TERING PLAN. 3
838		-
839		-	(4) (5) WITH RESPECT TO THE S ITE ON WHICH A SOLAR ENERGY 4
840		-	GENERATING STATION I S PROPOSED FOR CONST RUCTION, THE OWNER OF THE 5
841		-	SOLAR ENERGY GENERAT ING STATION: 6
842		-
843		-	(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 7
844		-	POSSIBLE; 8
845		-
846		-	(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL, BUT MAY 9
847		-	MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; 10
848		-
849		-	(III) TO MAINTAIN SOIL INT EGRITY, SHALL PLANT NATIVE OR 11
850		-	NONINVASIVE NATURALI ZED VEGETATION AND OTHER APPROPRIATE VEGETATI VE 12
851		-	PROTECTIONS THAT HAV E A 90% SURVIVAL THRESHOLD F OR THE FIRST 3 YEARS OF 13
852		-	THE LIFE OF THE SOLAR EN ERGY GENERATING STAT ION; 14
853		-
854		-	(IV) SHALL LIMIT MOWING A ND OTHER UNNECESSARY 15
855		-	LANDSCAPING ; 16
856		-
857		-	(V) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 17
858		-	SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 18
859		-	CONTROL PROGRAM; AND 19
860		-
861		-	(VI) SHALL POST FOR THE F IRST 3 5 YEARS OF THE LIFE OF THE 20
862		-	SOLAR ENERGY GENERAT ING STATION A LANDSC APING BOND EQUAL TO 50% 100% 21
863		-	OF THE TOTAL LANDSCA PING COST WITH THE C OUNTY IN WHICH THE S OLAR ENERGY 22
864		-	GENERATING STATION I S LOCATED. 23
865		-
866		-	(5) (6) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 24
867		-	PARAGRAPH , A LOCAL JURISDICTION SHALL HOLD ANY LANDS CAPING BOND 25
868		-	REQUIRED UNDER PARAG RAPH (5)(VI) OF THIS SUBSECTION F OR 5 YEARS. 26
869		-
870		-	(II) A LOCAL JURISDICTION S HALL RELEASE 50% OF THE 27
871		-	LANDSCAPING BOND IF, ON INSPECTION , THE VEGETATIVE PROTE CTIONS MEET A 28
872		-	90% SURVIVAL THRESHOLD . 29
873		-
874		-	(III) FOLLOWING THE RELEASE OF A LANDSCAPING BON D 30
875		-	UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE REMAINING LANDSC APING 31
876		-	BOND SHALL BE HELD F OR AN ADDITIONAL 2 YEARS AND, ON FURTHER INSPECTION 32
877		-	AND CONFIRMATION THA T THE VEGETATIVE PRO TECTIONS CONTINUE TO MEET A 33
878		-	90% SURVIVAL THRESHOLD , SHALL BE RELEASED . 34 20 HOUSE BILL 1036
	455	+	(I) BE NOT MORE THAN 25 FEET IN DEPTH; AND 29 HOUSE BILL 1036 11
879	456
880	457
881	458
882		-	(7) EXCEPT AS REQUIRED BY LAW, OR FOR SAFETY OR EME RGENCY, 1
883		-	THE SOLAR ENERGY GEN ERATING STATION MAY NOT EMIT VISIBLE LIG HT DURING 2
884		-	DUSK TO DAWN OPERATI ONS. 3
	459	+	(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 1
	460	+	ENERGY STORAGE DEVIC E. 2
885	461
886		-	(8) (I) THIS PARAGRAPH DOES N OT APPLY TO: 4
	462	+	(4) WITH RESPECT TO THE S ITE ON WHICH AN ENER GY STORAGE 3
	463	+	DEVICE IS PROPOSED FOR CONS TRUCTION, THE OWNER OF THE ENE RGY STORAGE 4
	464	+	DEVICE: 5
887	465
888		-	~~1. EQUIPMENT NECESSARY FOR INTERCONNECTION 5~~
889		-	~~WITH THE ELECTRIC SY STEM~~; ~~OR 6~~
	466	+	(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 6
	467	+	POSSIBLE; 7
890	468
891		-	~~2. SOLAR ENERGY GENERAT ING STATIONS LOCATED ON 7~~
892		-	~~LAND THAT IS ALSO US ED FOR AGRICULTURAL PURPOSES.~~ 8
	469	+	(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 8
	470	+	MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; AND 9
893	471
894		-	(II) ~~A PROPOSED SOLAR ENERG Y GENERATING STATION AND 9~~
895		-	~~ANY ACCESSORY STRUCT URES ASSOCIATED~~ WITH THE ~~STATION MUST HAV E AN 10~~
896		-	~~AVERAGE HEIGHT OF NO T MORE THAN 15 FEET~~. 11
	472	+	(III) MAY NOT USE HERBICIDE S EXCEPT TO CONTROL INVASIVE 10
	473	+	SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 11
	474	+	CONTROL PROGRAM . 12
897	475
898		-	(9) ~~SETBACKS FOR SOLAR EN ERGY GENERATING STAT IONS~~: 12
	476	+	(F) (1) A LOCAL JURISDICTION M AY NOT: 13
899	477
900		-	(I) SHALL BE MEASURED FR OM THE PROPER TY BOUNDARY TO 13
901		-	THE NEAREST SOLAR AR RAY OR ACCESSORY EQU IPMENT, BUILDINGS, OR 14
902		-	FACILITIES THAT GENE RATE, MAINTAIN, OPERATE, MANAGE, DISTRIBUTE, AND 15
903		-	TRANSMIT ELECTRICITY ; AND 16
	478	+	(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 14
	479	+	THAT PROHIBIT THE CO NSTRUCTION OR OPERATION OF ENER GY STORAGE DEVICES ; 15
	480	+	OR 16
904	481
905		-	(II) MAY NOT APPLY TO ANY INTERCONNECTION TIE LINE OR 17
906		-	FACILITY THAT CONNEC TS A SOLAR ENERGY GENERATI NG STATION TO THE 18
907		-	ELECTRIC SYSTEM . 19
	482	+	(II) DENY SITE DEVELOPMEN T PLANS FOR ENERGY S TORAGE 17
	483	+	DEVICES THAT MEET TH E REQUIREMENTS OF SU BSECTION (E) OF THIS SECTION. 18
908	484
909		-	(10) (I) THE OWNER OF A PROPOS ED SOLAR ENERGY GENE RATING 20
910		-	STATION MAY PROVIDE TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 21
911		-	DOCUMENTATION OF A S ITING AGREEMENT : 22
	485	+	(2) A LOCAL JURISDICTION S HALL: 19
912	486
913		-	1. ENTERED INTO WITH TH E COUNTY IN WHICH TH E 23
914		-	PROPOSED SOLAR ENERG Y GENERATING STATION IS TO BE LOCATED; AND 24
	487	+	(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 20
	488	+	DEVELOPMENT PLANS FOR E NERGY STORAGE DEVICE S IF THOSE PLANS MEE T THE 21
	489	+	REQUIREMENTS OF THIS SECTION; AND 22
915	490
916		-	2. THAT PROVIDES LESS S TRINGENT RESTRICTION S 25
917		-	THAN THOSE SPECIFIED UNDER THIS SUBSECTIO N. 26
	491	+	(II) ADOPT STANDARD PROCE SSES FOR THE REVIEW AND 23
	492	+	APPROVAL OF SITE DEV ELOPMENT PLANS FOR T HE CONSTRUCTION OF E NERGY 24
	493	+	STORAGE DEVICES . 25
918	494
919		-	(II) IF A PROPOSED SOLAR E NERGY GENERATING STA TION 27
920		-	PROVIDES TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 28
921		-	DOCUMENTATION IN ACC ORDANCE WITH SUBPARA GRAPH (I) OF THIS PARAGRAPH , 29
922		-	THE PROPOSED SOLAR E NERGY GENERATING STA TION SHALL BE CONSID ERED AS 30
923		-	MEETING THE REQUIREM ENTS OF THIS SUBSECT ION. 31
	495	+	7–306.2. 26
	496	+
	497	+	(a) (1) In this section the following words have the meanings indicated. 27
	498	+
	499	+	(2) “Agrivoltaics” means the simultaneous use of areas of land for both 28
	500	+	solar power generation and: 29
	501	+	12 HOUSE BILL 1036
	502	+
	503	+
	504	+	(i) raising grains, fruits, herbs, melons, mushrooms, nuts, seeds, 1
	505	+	tobacco, or vegetables; 2
	506	+
	507	+	(ii) raising poultry, including chickens and turkeys, for meat or egg 3
	508	+	production; 4
	509	+
	510	+	(iii) dairy production, such as the raising of milking cows; 5
	511	+
	512	+	(iv) raising livestock, including cattle, sheep, goats, or pigs; 6
	513	+
	514	+	(v) horse boarding, breeding, or training; 7
	515	+
	516	+	(vi) turf farming; 8
	517	+
	518	+	(vii) raising ornamental shrubs, plants, or flowers, including aquatic 9
	519	+	plants; 10
	520	+
	521	+	(viii) aquaculture; 11
	522	+
	523	+	(ix) silviculture; or 12
	524	+
	525	+	(x) any other activity recognized by the Department of Agriculture 13
	526	+	as an agricultural activity. 14
	527	+
	528	+	(3) “AUTOMATIC ENROLLMENT PROJECT” MEANS A COMMUNITY 15
	529	+	SOLAR ENERGY GENERAT ING SYSTEM: 16
	530	+
	531	+	(I) IN WHICH ALL OR A PO RTION OF THE SUBSCRI BERS ARE 17
	532	+	AUTOMATICALLY ENROLL ED; AND 18
	533	+
	534	+	(II) 1. THAT IS OWNED AND OP ERATED BY A LOCAL 19
	535	+	GOVERNMENT ; OR 20
	536	+
	537	+	2. FOR WHICH A LOCAL GO VERNMENT OR ITS DESI GNEE 21
	538	+	SERVES AS THE SUBSCR IPTION COORDINATOR . 22
	539	+
	540	+	(4) “Baseline annual usage” means: 23
	541	+
	542	+	(i) a subscriber’s accumulated electricity use in kilowatt–hours for 24
	543	+	the 12 months before the subscriber’s most recent subscription; or 25
	544	+
	545	+	(ii) for a subscriber that does not have a record of 12 months of 26
	546	+	electricity use at the time of the subscriber’s most recent subscription, an estimate of the 27
	547	+	subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 28
	548	+	manner the Commission approves. 29
	549	+	HOUSE BILL 1036 13
	550	+
	551	+
	552	+	[(4)] (5) “Community solar energy generating system” means a solar 1
	553	+	energy system that: 2
	554	+
	555	+	(i) is connected to the electric distribution [grid] SYSTEM serving 3
	556	+	the State; 4
	557	+
	558	+	(ii) is located in the same electric service territory as its subscribers; 5
	559	+
	560	+	(iii) is attached to the electric meter of a subscriber or is a separate 6
	561	+	facility with its own electric meter; 7
	562	+
	563	+	(iv) credits its generated electricity, or the value of its generated 8
	564	+	electricity, to the bills of the subscribers to that system through virtual net energy 9
	565	+	metering; 10
	566	+
	567	+	(v) has at least two subscribers but no limit to the maximum number 11
	568	+	of subscribers; 12
	569	+
	570	+	(vi) does not have subscriptions larger than 200 kilowatts 13
	571	+	constituting more than 60% of its kilowatt–hour output; 14
	572	+
	573	+	(vii) has a generating capacity that does not exceed 5 megawatts as 15
	574	+	measured by the alternating current rating of the system’s inverter; 16
	575	+
	576	+	(viii) may be owned by any person; and 17
	577	+
	578	+	(ix) with respect to community solar energy generating systems 18
	579	+	constructed under the Program, serves at least 40% of its kilowatt–hour output to LMI 19
	580	+	subscribers unless the solar energy system is wholly owned by the subscribers to the solar 20
	581	+	energy system. 21
	582	+
	583	+	[(5)] (6) “Consolidated billing” means a payment mechanism that 22
	584	+	requires an electric company to, at the request of a subscriber organization or subscription 23
	585	+	coordinator: 24
	586	+
	587	+	(i) include the monthly subscription charge of a subscriber 25
	588	+	organization or subscription coordinator on the monthly bills rendered by the electric 26
	589	+	company for electric service and supply to subscribers; and 27
	590	+
	591	+	(ii) remit payment for those charges to the subscriber organization 28
	592	+	or subscription coordinator. 29
	593	+
	594	+	[(6)] (7) “Critical area” has the meaning stated in § 8–1802 of the Natural 30
	595	+	Resources Article. 31
	596	+
	597	+	[(7)] (8) “LMI subscriber” means a subscriber that: 32
	598	+	14 HOUSE BILL 1036
	599	+
	600	+
	601	+	(i) is low–income; 1
	602	+
	603	+	(ii) is moderate–income; or 2
	604	+
	605	+	(iii) resides in a census tract that is [an]: 3
	606	+
	607	+	1. AN overburdened community; and 4
	608	+
	609	+	2. AN underserved community. 5
	610	+
	611	+	(9) “LOCAL GOVERNMENT ” MEANS: 6
	612	+
	613	+	(I) A COUNTY; OR 7
	614	+
	615	+	(II) A MUNICIPAL CORPORAT ION. 8
	616	+
	617	+	[(8)] (10) “Low–income” means: 9
	618	+
	619	+	(i) having an annual household income that is at or below 200% of 10
	620	+	the federal poverty level; or 11
	621	+
	622	+	(ii) being certified as eligible for any federal, State, or local 12
	623	+	assistance program that limits participation to households whose income is at or below 13
	624	+	200% of the federal poverty level. 14
	625	+
	626	+	[(9)] (11) “Moderate–income” means having an annual household income 15
	627	+	that is at or below 80% of the median income for Maryland. 16
	628	+
	629	+	[(10)] (12) “Overburdened community” has the meaning stated in § 1–701 17
	630	+	of the Environment Article. 18
	631	+
	632	+	[(11)] (13) “Pilot program” means the program established under this 19
	633	+	section before July 1, 2023, and effective until the start of the Program established under 20
	634	+	subsection (d)(20) of this section. 21
	635	+
	636	+	[(12)] (14) “Program” means the Community Solar Energy Generating 22
	637	+	Systems Program. 23
	638	+
	639	+	[(13)] (15) “Queue” means: 24
	640	+
	641	+	(i) the pilot program queue an electric company is required to 25
	642	+	maintain under COMAR 20.62.03.04; and 26
	643	+
	644	+	(ii) a queue an electric company may be required to maintain under 27
	645	+	the Program. 28
	646	+	HOUSE BILL 1036 15
	647	+
	648	+
	649	+	[(14)] (16) “Subscriber” means a retail customer of an electric company that: 1
	650	+
	651	+	(i) holds a subscription to a community solar energy generating 2
	652	+	system; and 3
	653	+
	654	+	(ii) has identified one or more individual meters or accounts to which 4
	655	+	the subscription shall be attributed. 5
	656	+
	657	+	[(15)] (17) “Subscriber organization” means: 6
	658	+
	659	+	(i) a person that owns or operates a community solar energy 7
	660	+	generating system; or 8
	661	+
	662	+	(ii) the collective group of subscribers of a community solar energy 9
	663	+	generating system. 10
	664	+
	665	+	[(16)] (18) “Subscription” means the portion of the electricity generated by 11
	666	+	a community solar energy generating system that is credited to a subscriber. 12
	667	+
	668	+	[(17)] (19) “Subscription coordinator” means a person that: 13
	669	+
	670	+	(i) markets community solar energy generating systems or 14
	671	+	otherwise provides services related to community solar energy generating systems under 15
	672	+	its own brand name; 16
	673	+
	674	+	(ii) performs any administrative action to allocate subscriptions, 17
	675	+	connect subscribers with community solar energy generating systems, or enroll customers 18
	676	+	in the Program; or 19
	677	+
	678	+	(iii) manages interactions between a subscriber organization and an 20
	679	+	electric company or electricity supplier relating to subscribers. 21
	680	+
	681	+	[(18)] (20) “Underserved community” has the meaning stated in § 1–701 of 22
	682	+	the Environment Article. 23
	683	+
	684	+	[(19)] (21) “Unsubscribed energy” means any community solar energy 24
	685	+	generating system output in kilowatt–hours that is not allocated to any subscriber. 25
	686	+
	687	+	[(20)] (22) “Virtual net energy metering” means measurement of the 26
	688	+	difference between the kilowatt–hours or value of electricity that is supplied by an electric 27
	689	+	company and the kilowatt–hours or value of electricity attributable to a subscription to a 28
	690	+	community solar energy generating system and fed back to the electric grid over the 29
	691	+	subscriber’s billing period, as calculated under the tariffs established under subsections 30
	692	+	(e)(2), (f)(2), and (g)(2) of this section. 31
	693	+	16 HOUSE BILL 1036
	694	+
	695	+
	696	+	(c) A community solar energy generating system, subscriber, subscriber 1
	697	+	organization, or subscription coordinator is not: 2
	698	+
	699	+	(1) an electric company; 3
	700	+
	701	+	(2) an electricity supplier; or 4
	702	+
	703	+	(3) a generating station if: 5
	704	+
	705	+	(I) the generating capacity of the community solar energy 6
	706	+	generating system does not exceed 2 megawatts; OR 7
	707	+
	708	+	(II) THE COMMUNITY SOLAR ENERGY GENERATING SY STEM IS 8
	709	+	LOCATED ON THE ROOFT OP OF A BUILDING . 9
	710	+
	711	+	(d) (7) (I) Any unsubscribed energy generated by a community solar energy 10
	712	+	generating system that is not owned by an electric company shall CREATE BANKED BILL 11
	713	+	CREDITS TRACKED BY T HE ELECTRIC COMPANY THAT, WITHIN 1 YEAR AFTER THE 12
	714	+	DATE THAT THE BANKED BILL CREDIT WAS CREA TED, MAY BE ALLOCATED TO ONE 13
	715	+	OR MORE SUBSCRIB ERS BY THE SUBSCRIBE R ORGANIZATION OR SU BSCRIPTION 14
	716	+	COORDINATOR ASSOCIAT ED WITH THE COMMUNIT Y SOLAR ENERGY GENER ATING 15
	717	+	SYSTEM. 16
	718	+
	719	+	(II) THE GENERATION ASSOCI ATED WITH A BANKED B ILL 17
	720	+	CREDIT NOT ALLOCATED TO A SUBSCRIBER WITH IN 1 YEAR AFTER THE DATE THAT 18
	721	+	THE BANKED BILL CREDIT WAS CREATED SHALL be purchased under the electric 19
	722	+	company’s process for purchasing the output from qualifying facilities at the amount it 20
	723	+	would have cost the electric company to procure the energy. 21
	724	+
	725	+	(O) (1) A LOCAL GOVERNMENT MAY ESTABLISH A COMMUNITY SOLAR 22
	726	+	AUTOMATIC ENROLLMENT PROGRAM BY SUBMITTIN G TO THE COMMISSION A LOCAL 23
	727	+	LAW, A CONTRACT, OR AN ADMINISTRATIVE APPROVAL THAT : 24
	728	+
	729	+	(I) STATES WHETHER : 25
	730	+
	731	+	1. THE LOCAL GOVERNMENT WILL OWN AND OPERATE 26
	732	+	ONE OR MORE AUTOMATI C ENROLLMENT PROJECTS; OR 27
	733	+
	734	+	2. THE LOCAL GOVERNMENT OR ITS DESIGNEE WILL 28
	735	+	SERVE AS THE SUBSCRI PTION COORDINATOR FO R ONE OR MORE AUTOMA TIC 29
	736	+	ENROLLMENT PROJECTS OWNED BY A THIRD PAR TY; AND 30
	737	+
	738	+	(II) DESCRIBES THE MECHAN ISM BY WHICH THE LOC AL 31
	739	+	GOVERNMENT INTENDS T O ENROLL CUSTOMERS . 32 HOUSE BILL 1036 17
	740	+
	741	+
	742	+
	743	+	(2) AN AUTOMATIC ENROLLME NT PROJECT SHALL UTI LIZE 1
	744	+	CONSOLIDATED BILLING AND PROVIDE A GUARAN TEED BILL CREDIT DIS COUNT TO 2
	745	+	AUTOMATIC ENROLLMENT SUBSCRIBERS . 3
	746	+
	747	+	(3) A LOCAL GOVERNMENT MAY CONTRACT WITH A DESI GNEE TO 4
	748	+	IDENTIFY AND MANAGE THE SUBSCRIPTIONS TO AN AUTOMATIC ENROLLMENT 5
	749	+	PROJECT. 6
	750	+
	751	+	(4) A LOCAL GOVERNMENT OR ITS DESIGNEE SHALL B E RESPONSIBLE 7
	752	+	FOR IDENTIFYING THE CUSTOMERS THAT WILL BE AUTOMATICALLY ENR OLLED FOR 8
	753	+	A SUBSCRIPTION TO TH E AUTOMATIC ENROLLME NT PROJECT, SUBJECT TO THE 9
	754	+	FOLLOWING CONDITIONS : 10
	755	+
	756	+	(I) AUTOMATIC ENROLLMENT SUBSCRIBERS MUST BE 11
	757	+	RESIDENTIAL CUSTOMER S, INCLUDING CUSTOMERS RESIDING IN MULTIFAM ILY 12
	758	+	DWELLING UNITS ; 13
	759	+
	760	+	(II) AT LEAST 51% OF AUTOMATIC ENROLLM ENT SUBSCRIBERS 14
	761	+	MUST BE LMI SUBSCRIBERS ; 15
	762	+
	763	+	(III) ALL CUSTOMERS SELECTED TO BE AUTOM ATICALLY 16
	764	+	ENROLLED AS SUBSCRIB ERS TO THE AUTOMATIC ENROLLMENT PROJECT M UST BE 17
	765	+	WITHIN THE SERVICE T ERRITORY OF THE ELEC TRIC COMPANY WHERE T HE 18
	766	+	AUTOMATIC ENROLLMENT PROJECT IS LOCATED ; 19
	767	+
	768	+	(IV) SUBSCRIBERS MAY DECL INE OR OPT OUT FROM A 20
	769	+	SUBSCRIPTION TO THE AUT OMATIC ENROLLMENT PR OJECT AT ANY TIME ; 21
	770	+
	771	+	(V) AUTOMATIC ENROLLMENT SUBSCRIBERS MAY SUBM IT A 22
	772	+	REQUEST TO OPT OUT O F A SUBSCRIPTION BY PHONE, IN WRITING, OR ONLINE 23
	773	+	THROUGH A WEBSITE MA INTAINED BY THE LOCA L GOVERNMENT OR ITS DESIGNEE; 24
	774	+	AND 25
	775	+
	776	+	(VI) A LOCAL GOVERNMENT M AY NOT CHARGE A FEE OR 26
	777	+	PENALTY FOR ENROLLME NT IN OR EXITING FRO M AN AUTOMATIC ENROL LMENT 27
	778	+	PROJECT. 28
	779	+
	780	+	(5) A LOCAL GOVERNMENT OR ITS DESIGNEE MAY VER IFY THE 29
	781	+	INCOME OF A PROSPECT IVE SUBSCRIBER FOR E LIGIBILITY AS AN LMI SUBSCRIBER 30
	782	+	USING ONE OF THE FOL LOWING METHODS : 31
	783	+	18 HOUSE BILL 1036
	784	+
	785	+
	786	+	(I) THE LOCATION OF THE PROSPECTIVE SUBSCRIB ER IN AN 1
	787	+	OVERBURDENED COMMUNI TY OR UNDERSERVED CO MMUNITY; 2
	788	+
	789	+	(II) A FORM OF VERIFICATI ON AUTHORIZED UNDER 3
	790	+	SUBSECTION (F)(1)(IV) OF THIS SECTION; OR 4
	791	+
	792	+	(III) ANY OTHER MET HOD SELECTED BY THE LOCAL 5
	793	+	GOVERNMENT . 6
	794	+
	795	+	(6) AT LEAST 90 DAYS BEFORE SUBSCRIB ERS BEGIN RECEIVING 7
	796	+	THEIR FIRST BILL CRE DITS, A LOCAL GOVERNMENT O R ITS DESIGNEE SHALL 8
	797	+	PROVIDE WRITTEN NOTI CE OF THE AUTOMATIC ENROLLMENT TO ALL SE LECTED 9
	798	+	SUBSCRIBERS VIA DELI VERY BY THE U.S. POSTAL SERVICE. 10
	799	+
	800	+	(7) THE NOTICE REQUIRED I N PARAGRAPH (6) OF THIS SUBSECTION 11
	801	+	SHALL INCLUDE : 12
	802	+
	803	+	(I) A STATEMENT THAT THE LOCAL GOVERNMENT HAS 13
	804	+	ESTABLISHED AN AUTOM ATIC ENROLLMENT PROJ ECT; 14
	805	+
	806	+	(II) A STATEMENT THAT THE PROSPECTIVE SUBSCRIB ER HAS 15
	807	+	THE RIGHT TO OPT OUT OF THE AUTOMATIC ENR OLLMENT PROJECT AT A NY TIME, 16
	808	+	BUT IF NO OPT–OUT REQUEST IS RECEI VED, THE PROSPECTIVE SUBS CRIBER WILL 17
	809	+	BE AUTOMATICALLY ENR OLLED IN THE AUTOMAT IC ENROLLMENT PROJEC T; 18
	810	+
	811	+	(III) AN EXPLANATION OF TH E CONSOLIDATED BIL LING 19
	812	+	PROCEDURES OF THE AU TOMATIC ENROLLMENT P ROJECT; 20
	813	+
	814	+	(IV) DETAILED INSTRUCTION S ON HOW TO SUBMIT A N OPT–OUT 21
	815	+	REQUEST; AND 22
	816	+
	817	+	(V) A CONTACT NAME , PHONE NUMBER , AND E–MAIL ADDRESS 23
	818	+	FOR SUBSCRIBER INQUI RIES AND COMPLAINTS . 24
	819	+
	820	+	(8) AN ELECTRIC COMPANY S HALL FACILITATE THE ESTAB LISHMENT 25
	821	+	OF AN AUTOMATIC ENRO LLMENT PROJECT FOR W HICH A LOCAL GOVERNM ENT HAS 26
	822	+	SUBMITTED THE INFORM ATION REQUIRED UNDER PARAGRAPH (1) OF THIS 27
	823	+	SUBSECTION BY : 28
	824	+
	825	+	(I) PROVIDING ACCESS TO : 29
	826	+
	827	+	1. THE HISTORIC BILLING USAGE OF CUSTOMERS T HAT 30
	828	+	MAY BE AUTOMATICALLY ENROLLED IN THE AUTO MATIC ENROLLMENT PRO JECT; 31 HOUSE BILL 1036 19
	829	+
	830	+
	831	+
	832	+	2. POINT–OF–SERVICE DELIVERY FOR CUSTOMERS 1
	833	+	THAT MAY BE AUTOMATI CALLY ENROLLED IN TH E AUTOMATIC ENROLLME NT 2
	834	+	PROJECT; 3
	835	+
	836	+	3. PARTICIPATION IN ENE RGY ASSISTANCE PROGR AMS; 4
	837	+
	838	+	4. SUBSCRIPTIONS TO COMMUNITY SOLAR ENERGY 5
	839	+	GENERATING SYSTEMS ; 6
	840	+
	841	+	5. ACCOUNT NUMBERS FOR CUSTOMERS THAT MAY B E 7
	842	+	AUTOMATICALLY ENROLL ED IN THE AUTOMATIC ENROLLMENT PROJECT , IF 8
	843	+	APPLICABLE; AND 9
	844	+
	845	+	6. ANY OTHER REASONABLE INFORMATION REQUIRED 10
	846	+	BY THE LOCAL GOVERNM ENT OF ITS DESIGNEE TO E NROLL CUSTOMERS IN A N 11
	847	+	AUTOMATIC ENROLLMENT PROJECT; AND 12
	848	+
	849	+	(II) ENROLLING THE CUSTOM ERS IDENTIFIED BY TH E LOCAL 13
	850	+	GOVERNMENT OR ITS DE SIGNEE AS SUBSCRIBER S TO AN AUTOMATIC EN ROLLMENT 14
	851	+	PROJECT AT THE SUBSC RIPTION SIZE IDENTIF IED BY THE LOCAL GOVERNMENT OR 15
	852	+	ITS DESIGNEE. 16
	853	+
	854	+	(9) THE ENROLLMENT AND MA NAGEMENT OF AUTOMATI C 17
	855	+	ENROLLMENT SUBSCRIBE RS TO AN AUTOMATIC E NROLLMENT PROJECT IS NOT 18
	856	+	SUBJECT TO COMAR 20.62.05. 19
	857	+
	858	+	7–320. 20
	859	+
	860	+	(A) THIS SECTION APPLIES ONLY TO RESIDENTIAL ROOFTOP SOLAR 21
	861	+	ENERGY GENE RATING SYSTEMS . 22
	862	+
	863	+	(B) A SELLER OR LESSOR OF RESIDENTIAL ROOFTOP SOLAR ENERGY 23
	864	+	GENERATING SYSTEMS S HALL: 24
	865	+
	866	+	(1) PROVIDE TO THE BUYER OR LESSEE A 5–YEAR FULL WARRANTY 25
	867	+	ON THE INSTALLATION AND COMPONENT PARTS OF THE SYSTEM; 26
	868	+
	869	+	(2) INCLUDE ANY MANUFACT URER’S WARRANTIES FOR ANY OF T HE 27
	870	+	PRODUCTS OR COMPONEN TS OF THE SYSTEM ; 28
	871	+	20 HOUSE BILL 1036
	872	+
	873	+
	874	+	(3) INFORM THE BUYER OR LESSEE OF THE MINIMU M LEVEL OF 1
	875	+	WEATHER–ADJUSTED ENERGY PROD UCTION THE BUYER OR LESSEE MAY EXPECT 2
	876	+	FROM THE SYSTEM ; AND 3
	877	+
	878	+	(4) CERTIFY, IN WRITING, THAT INSTALLATION OF THE SYSTEM IS 4
	879	+	COMPLIANT WITH ALL F EDERAL, STATE, AND LOCAL LAWS REGAR DING 5
	880	+	WORKMANSHIP AND THAT THE SOLAR PANELS , INVERTERS, RACKING SYSTEMS , AND 6
	881	+	ALL OTHER COMPONENTS MEET THE MINIMUM STA NDARDS FOR PRODUCT D ESIGN. 7
	882	+
	883	+	(C) THE COMMISSION AND THE MARYLAND ENERGY ADMINISTRATION 8
	884	+	SHALL: 9
	885	+
	886	+	(1) DEVELOP TECHNICAL SA FETY STANDARDS FOR T HE 10
	887	+	INSTALLATION AND MAI NTENANCE OF RESIDENT IAL ROOFTOP SOLAR EN ERGY 11
	888	+	GENERATING SYSTEMS ; AND 12
	889	+
	890	+	(2) ESTABLISH MINIMUM QU ALIFICATIONS FOR IND IVIDUALS 13
	891	+	INSTALLING AND MAINT AINING RESIDENTIAL ROOFTOP SOLAR ENERGY 14
	892	+	GENERATING SYSTEMS . 15
	893	+
	894	+	(D) A SELLER OR LESSOR WHO VIOLATES THE REQUIRE MENTS OF THIS 16
	895	+	SECTION SHALL PAY A FINE NOT EXCEEDING $1,000 FOR EACH VIOLATION . 17
	896	+
	897	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 18
	898	+
	899	+	(a) The Public Service Commission shall conduct a study to establish a process by 19
	900	+	which the Commission may establish partnerships between electric companies and 20
	901	+	electricity suppliers for electricity generation projects. 21
	902	+
	903	+	(b) The process established under subsection (a) of this section shall: 22
	904	+
	905	+	(1) include a method for determining whether a partnership for a 23
	906	+	generating station will contribute to resource adequacy by increasing by 100 megawatts or 24
	907	+	more the electricity supply in the State that is accredited by PJM Interconnection, LLC; 25
	908	+
	909	+	(2) require that a generating station constructed by a partnership be 26
	910	+	connected to the electric distribution system in the State; 27
	911	+
	912	+	(3) require that the electricity supplier in a partnership construct the 28
	913	+	generating station; 29
	914	+
	915	+	(4) require that the electricity supplier and electric company in a 30
	916	+	partnership jointly seek and receive a positive credit rating assessment from a credit rating 31
	917	+	agency; 32
924	918		HOUSE BILL 1036 21
925	919
926	920
927		-	(G) AN OWNER OF A SOLAR ENERGY GENER ATING STATION: 1
	921	+	(5) require that the Public Service Commission expedite all proceedings for 1
	922	+	the review and approval of a certificate of public convenience and necessity for a generating 2
	923	+	station proposed by a partnership and prioritize these proceedings, if necessary, over other 3
	924	+	matters; 4
928	925
929		-	(1) SHALL ENTER INTO A D ECOMMISSIONING AGREE MENT WITH THE 2
930		-	COMMISSION ON A FORM THAT THE COMMISSION PROVIDES ; 3
	926	+	(6) require that the Public Service Commission take final action on a 5
	927	+	certificate of public convenience and necessity for a generating station proposed by a 6
	928	+	partnership not later than 180 days after the Public Service Commission determines that 7
	929	+	the generating station qualifies as a partnership to provide resource adequacy; 8
931	930
932		-	(2) SHALL POST A SURETY BOND WITH THE COMMISSION FOR NOT 4
933		-	MORE THAN 100% 125% OF THE ESTIMATED FUTURE COST OF DECOMMISSIONING 5
934		-	THE SOLAR ENERGY GEN ERATING STATION AND ITS RELATED INFRASTR UCTURE, 6
935		-	LESS ANY SALVAGE VAL UE; AND 7
	931	+	(7) require a State agency or other person to submit any filing to intervene 9
	932	+	in an application for a certificate of public convenience and necessity for a generating 10
	933	+	station proposed by a partnership no later than 90 days after the Public Service 11
	934	+	Commission determines that the proposed generating station qualifies as a partnership to 12
	935	+	provide resource adequacy; 13
936	936
937		-	(3) SHALL EXECUTE A SECU RITIZATION BOND TRUE –UP EVERY 5 8
938		-	YEARS. 9
	937	+	(8) require the Public Service Commission, the Department of the 14
	938	+	Environment, the Department of Natural Resources, and any other impacted State agency 15
	939	+	to expedite any regulatory requirements or decisions; 16
939	940
940		-	(H) ~~(1) A EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS 10~~
941		-	~~SUBSECTION,~~ A ~~LOCAL JURISDICTION M AY NOT:~~ 11
	941	+	(9) require an electric company to expedite any processes needed to connect 17
	942	+	a generating station proposed by a partnership to the electric transmission system; and 18
942	943
943		-	(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 12
944		-	THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF SOLAR ENERGY 13
945		-	GENERATING STATIONS ; OR 14
	944	+	(10) identify the potential rate impact and prioritize potential partnerships 19
	945	+	that have little or no impact on customer rates. 20
946	946
947		-	(II) ~~DENY SITE DEVELOPMEN T PLANS FOR SOLAR EN ERGY 15~~
948		-	~~GENERATING STATIONS THAT MEET~~ THE ~~REQUIREMENTS OF SUBSECTION (F) OF 16~~
949		-	~~THIS SECTION~~. 17
	947	+	(c) On or before December 1, 2026, the Public Service Commission shall report to 21
	948	+	the Governor and, in accordance with § 2–1257 of the State Government Article, the 22
	949	+	General Assembly on the results of the study. 23
950	950
951		-	(2) A LOCAL JURISDICTION S HALL: 18
	951	+	SECTION 3. AND BE IT FURTHER ENACTED, That a presently existing obligation 24
	952	+	or contract right may not be impaired in any way by this Act. 25
952	953
953		-	(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 19
954		-	DEVELOPMENT PLANS FO R SOLAR ENERGY GENER ATING STATIONS IF TH OSE PLANS 20
955		-	MEET THE REQUIREMENT S OF THIS SECTION; AND 21
	954	+	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
	955	+	October 1, 2025. 27
956	956
957		-	(II) FOR SOLAR ENERGY GEN ERATING STATIONS WIT H A 22
958		-	GENERATING CAPACITY OF NOT MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 23
959		-	ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 24
960		-	INVERTER, PROCESS THE SITE DEV ELOPMENT PLAN APPLIC ATION AS A PERMITTED 25
961		-	USE SUBJECT TO THE R EVIEW STANDARDS IN § 4–205 OF THE LAND USE ARTICLE. 26
962		-
963		-	(3) A GROUND MOUNTED SOLAR ENERGY GENERATING ST ATION WITH 27
964		-	A GENERATING CAPACIT Y OF MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 28
965		-	ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING STATION ’S 29
966		-	INVERTER, MAY NOT BE LOCATED O N ANY LOT, PARCEL, OR TRACT OF LAND THA T, 30
967		-	AS OF JANUARY 1, 2025, IS LOCATED WITHIN : 31
968		-
969		-	(I) A TIER 1 OR TIER 2 MAPPED LOCALLY DESIG NATED 32
970		-	GROWTH AREA ADOPTED UNDER § 1–506 OF THE LAND USE ARTICLE; 33 22 HOUSE BILL 1036
971		-
972		-
973		-
974		-	(II) A MEDIUM DENSITY RES IDENTIAL AREA OR HIG H DENSITY 1
975		-	RESIDENTIAL AREA , AS DEFINED IN § 5–1601 OF THE NATURAL RESOURCES 2
976		-	ARTICLE; OR 3
977		-
978		-	(III) A MIXED–USE AREA WITH A RESI DENTIAL COMPONENT . 4
979		-
980		-	(4) (I) THE TOTAL COMBINED NU MBER OF SOLAR ENERGY 5
981		-	GENERATING STATION S THAT MAY BE APPROV ED FOR CONSTRUCTION IN A 6
982		-	PRIORITY PRESERVATIO N AREA THAT WAS ESTA BLISHED BEFORE JANUARY 1, 2025, 7
983		-	SHALL: 8
984		-
985		-	1. BE LIMITED IN AREA T O 5% OF THE TOTAL ACREAGE 9
986		-	OF THE PRIORITY PRES ERVATION AREA ; 10
987		-
988		-	2. BE LOCATED IN THE PR OJECT AREA WITHIN TH E 11
989		-	PRIORITY PRESERVATIO N AREA; AND 12
990		-
991		-	3. MEET ALL REQUIREMENT S UNDER THIS SECTION . 13
992		-
993		-	(II) THE PROHIBITIONS IN P ARAGRAPH (1) OF THIS 14
994		-	SUBSECTION DO NOT AP PLY TO THE REMAINING 95% OF A PRIORITY PRESER VATION 15
995		-	AREA ONCE THE 5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH 16
996		-	HAS BEEN ACHIEVED FO R THE PRIORITY PRESE RVATION AREA . 17
997		-
998		-	(III) A COUNTY SHALL REPORT TO THE COMMISSION WHEN THE 18
999		-	5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH HA S BEEN 19
1000		-	ACHIEVED FOR A PRI ORITY PRESERVATION A REA. 20
1001		-
1002		-	(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 21
1003		-	SOLAR ENERGY GENERAT ING STATION IS EXEMP T FROM PERSONAL AND REAL 22
1004		-	PROPERTY TAXES . 23
1005		-
1006		-	(2) A SOLAR ENERGY GENERAT ING STATION MAY BE R EQUIRED BY A 24
1007		-	LOCAL JURISDICTION TO MAKE A PAYMENT IN LIEU OF TAXES UP TO $5,000 PER 25
1008		-	MEGAWATT OF ENERGY G ENERATED FROM THE SO LAR ENERGY GENERATIN G 26
1009		-	STATION. 27
1010		-
1011		-	(J) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO ADD ANY 28
1012		-	ADDITIONAL LIMITATIO NS TO THE AUTHORITY OF THE COMMISSION IN THE 29
1013		-	APPROVAL P ROCESS FOR AN APPLIC ATION FOR A CERTIFIC ATE OF PUBLIC 30
1014		-	CONVENIENCE AND NECE SSITY. 31
1015		-
1016		-	7–219. 32 HOUSE BILL 1036 23
1017		-
1018		-
1019		-
1020		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
1021		-	INDICATED. 2
1022		-
1023		-	(2) “ENERGY STORAGE DEVICE ” HAS THE MEANING STAT ED IN § 3
1024		-	7–216 OF THIS SUBTITLE . 4
1025		-
1026		-	(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 5
1027		-	CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 6
1028		-
1029		-	(B) A PERSON MAY NOT BEGIN CONSTRUCTION OF AN A 7
1030		-	FRONT–OF–THE–METER ENERGY STORAGE DEVIC E UNLESS THE CONSTRU CTION 8
1031		-	HAS BEEN APPROVED BY THE COMMISSION IN ACCORDANCE WITH REGULATIONS 9
1032		-	ADOPTED UNDER THIS SECTION. 10
1033		-
1034		-	(C) ON RECEIPT OF AN APPL ICATION FOR APPROVAL OF THE 11
1035		-	CONSTRUCTION OF ENERGY STORAGE DEVIC ES A FRONT–OF–THE–METER ENERGY 12
1036		-	STORAGE DEVICE UNDER THIS SECTION , THE COMMISSION SHALL PROV IDE 13
1037		-	IMMEDIATE NOTI CE OR REQUIRE THE AP PLICANT TO PROVIDE I MMEDIATE NOTICE 14
1038		-	OF THE APPLICATION T O: 15
1039		-
1040		-	(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 16
1041		-	CORPORATION IN WHICH ANY PORTION OF THE E NERGY STORAGE DEVICE IS 17
1042		-	PROPOSED TO BE CONST RUCTED; 18
1043		-
1044		-	(2) THE GOVERNING BODY O F EACH COUNTY OR MUNICI PAL 19
1045		-	CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 20
1046		-	STORAGE DEVICE ; 21
1047		-
1048		-	(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 22
1049		-	PART OF A COUNTY IN WHICH ANY PORTION OF THE ENERGY STORAGE D EVICE IS 23
1050		-	PROPOSED TO BE CONST RUCTED; 24
1051		-
1052		-	(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 25
1053		-	PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOS ED LOCATION OF THE E NERGY 26
1054		-	STORAGE DEVICE ; AND 27
1055		-
1056		-	(5) THE RESIDENTS AND OWNERS OF PROPERTY THAT IS AFFECTED 28
1057		-	COMMUNITIES THAT ARE WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE 29
1058		-	ENERGY STORAGE DEVIC E. 30
1059		-
1060		-	(D) WHEN REVIEWING AN APP LICATION FOR APPROVA L UNDER THIS 31
1061		-	SECTION, THE COMMISSION SHALL : 32
1062		-	24 HOUSE BILL 1036
1063		-
1064		-
1065		-	(1) IF THE PROJECT WILL STORE MORE THAN 100 KILOWATTS, 1
1066		-	COMPLY WITH AND REQU IRE THE APPLICANT TO COMPLY WITH § 7–207(D) OF THIS 2
1067		-	SUBTITLE; 3
1068		-
1069		-	(2) IF THE PROPOSED LOCA TION OF THE FRONT–OF–THE–METER 4
1070		-	ENERGY STORAGE DEVIC E IS IN AN AREA CONSIDERE D TO BE OVERBURDENED AND 5
1071		-	UNDERSERVED , AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE 6
1072		-	THE APPLICANT TO HOL D AT LEAST TWO PUBLI C MEETINGS IN THE CO MMUNITY 7
1073		-	WHERE THE ENERGY STO RAGE DEVICE IS TO BE LOCATED; AND 8
1074		-
1075		-	(3) (2) EXEMPT AN A FRONT–OF–THE–METER ENERGY STORAGE 9
1076		-	DEVICE THAT IS LOCATED WITHIN THE B OUNDARIES OF AN EXIS TING ELECTRICITY 10
1077		-	GENERATING STATION F ROM THE MEETING REQU IREMENTS OF THIS SUB SECTION. 11
1078		-
1079		-	(E) (1) AN OWNER OF A PROPOSE D FRONT–OF–THE–METER ENERGY 12
1080		-	STORAGE DEVICE THAT WILL NOT BE CONST RUCTED AT A COMMERCIAL OR 13
1081		-	INDUSTRIAL LOCATION : 14
1082		-
1083		-	(I) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 15
1084		-
1085		-	A. AROUND THE ENERGY ST ORAGE DEVICE ; AND 16
1086		-
1087		-	B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; AND 17
1088		-
1089		-	2. MAY USE BARBED WIRE FENCING AROUN D THE 18
1090		-	SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 19
1091		-	INFRASTRUCTURE ; AND 20
1092		-
1093		-	(II) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 21
1094		-	VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . 22
1095		-
1096		-	(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 23
1097		-	FOR AN A FRONT–OF–THE–METER ENERGY STORAGE DEVIC E APPROVED UNDER 24
1098		-	THIS SECTION. 25
1099		-
1100		-	(3) THE BUFFER REQUIRED I N PARAGRAPH (1)(II) OF THIS 26
1101		-	SUBSECTION SHALL : 27
1102		-
1103		-	(I) BE NOT MORE THAN 25 FEET IN DEPTH; AND 28
1104		-
1105		-	(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 29
1106		-	FRONT–OF–THE–METER ENERGY STORAGE DEVIC E. 30
1107		-	HOUSE BILL 1036 25
1108		-
1109		-
1110		-	(4) WITH RESPECT TO THE S ITE ON WHICH AN A 1
1111		-	FRONT–OF–THE–METER ENERGY STORAGE DEVIC E IS PROPOSED FOR 2
1112		-	CONSTRUCTION , THE OWNER OF THE ENE RGY STORAGE DEVICE : 3
1113		-
1114		-	(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 4
1115		-	POSSIBLE; 5
1116		-
1117		-	(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 6
1118		-	MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; AND 7
1119		-
1120		-	(III) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 8
1121		-	SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 9
1122		-	CONTROL PROGRAM . 10
1123		-
1124		-	(F) (1) A LOCAL JURISDICTION M AY NOT: 11
1125		-
1126		-	(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 12
1127		-	THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF FRONT–OF–THE–METER 13
1128		-	ENERGY STORAGE DEVIC ES; OR 14
1129		-
1130		-	(II) DENY SITE DEVELOPMEN T PLANS FOR 15
1131		-	FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES THAT MEET THE 16
1132		-	REQUIREMENTS OF SUBS ECTION (E) OF THIS SECTION. 17
1133		-
1134		-	(2) A LOCAL JURISDICTION S HALL: 18
1135		-
1136		-	(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 19
1137		-	DEVELOPMENT PLANS FO R FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES IF 20
1138		-	THOSE PLANS MEET THE REQUIREMENTS OF THIS SECTION; AND 21
1139		-
1140		-	(II) ADOPT STANDARD PROCE SSES FOR THE REVIEW AND 22
1141		-	APPROVAL OF SITE DEV ELOPMENT PLANS FOR T HE CONSTRUCTION OF 23
1142		-	FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES. 24
1143		-
1144		-	(G) THE COMMISSION MAY WAIVE O R MODIFY THE REQUIRE MENTS UNDER 25
1145		-	SUBSECTIONS (C), (D), AND (E) OF THIS SECTION FOR GOOD CAUSE. 26
1146		-
1147		-	(H) THE COMMISSION SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 27
1148		-	SECTION. 28
1149		-
1150		-	7–306.2. 29
1151		-
1152		-	(a) (1) In this section the following words have the meanings indicated. 30
1153		-
1154		-	(2) (I) “Agrivoltaics” means the simultaneous use of areas of land: 31 26 HOUSE BILL 1036
1155		-
1156		-
1157		-
1158		-	1. THAT ARE MAINTAINED IN AGRICULTURAL USE IN 1
1159		-	ACCORDANCE WITH COMAR 18.02.03 OR THE MARYLAND ASSESSMENT 2
1160		-	PROCEDURES MANUAL; AND 3
1161		-
1162		-	2. for both solar power generation and: 4
1163		-
1164		-	(i) A. raising grains, fruits, herbs, melons, mushrooms, nuts, 5
1165		-	seeds, tobacco, or vegetables; 6
1166		-
1167		-	(ii) B. raising poultry, including chickens and turkeys, for meat 7
1168		-	or egg production; 8
1169		-
1170		-	(iii) C. dairy production, such as the raising of milking cows; 9
1171		-
1172		-	(iv) D. raising livestock, including cattle, sheep, goats, or pigs; 10
1173		-
1174		-	(v) E. horse boarding, breeding, or training; 11
1175		-
1176		-	(vi) F. turf farming; 12
1177		-
1178		-	(vii) G. raising ornamental shrubs, plants, or flowers, including 13
1179		-	aquatic plants; 14
1180		-
1181		-	(viii) H. aquaculture; 15
1182		-
1183		-	(ix) I. silviculture; or 16
1184		-
1185		-	(x) J. any other activity recognized by the Department of 17
1186		-	Agriculture as an agricultural activity UNDER COMAR 18.02.03 OR THE MARYLAND 18
1187		-	ASSESSMENT PROCEDURES MANUAL. 19
1188		-
1189		-	(II) “AGRIVOLTAICS” DOES NOT IN CLUDE THE SIMULTANEO US 20
1190		-	USE OF AREAS OF LAND FOR BOTH SOLAR POWER GENERATION AND : 21
1191		-
1192		-	1. APIARIES; OR 22
1193		-
1194		-	2. POLLINATOR HABITAT . 23
1195		-
1196		-	(3) “AUTOMATIC ENROLLMENT PROJECT” MEANS A COMMUNITY 24
1197		-	SOLAR ENERGY GENERAT ING SYSTEM: 25
1198		-
1199		-	(I) IN WHICH ALL OR A PO RTION OF THE SUBSCRIBERS ARE 26
1200		-	AUTOMATICALLY ENROLL ED; AND 27
1201		-	HOUSE BILL 1036 27
1202		-
1203		-
1204		-	(II) 1. THAT IS OWNED AND OP ERATED BY A LOCAL 1
1205		-	GOVERNMENT ; OR 2
1206		-
1207		-	2. FOR WHICH A LOCAL GO VERNMENT OR ITS DESI GNEE 3
1208		-	SERVES AS THE SUBSCR IPTION COORDINATOR . 4
1209		-
1210		-	(4) (3) “Baseline annual usage” means: 5
1211		-
1212		-	(i) a subscriber’s accumulated electricity use in kilowatt–hours for 6
1213		-	the 12 months before the subscriber’s most recent subscription; or 7
1214		-
1215		-	(ii) for a subscriber that does not have a record of 12 months of 8
1216		-	electricity use at the time of the subscriber’s most recent subscription, an estimate of the 9
1217		-	subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 10
1218		-	manner the Commission approves. 11
1219		-
1220		-	[(4)] (5) “Community solar energy generating system” means a solar 12
1221		-	energy system that: 13
1222		-
1223		-	(i) is connected to the electric distribution [grid] SYSTEM serving 14
1224		-	the State; 15
1225		-
1226		-	(ii) is located in the same electric service territory as its subscribers; 16
1227		-
1228		-	(iii) is attached to the electric meter of a subscriber or is a separate 17
1229		-	facility with its own electric meter; 18
1230		-
1231		-	(iv) credits its generated electricity, or the value of its generated 19
1232		-	electricity, to the bills of the subscribers to that system through virtual net energy 20
1233		-	metering; 21
1234		-
1235		-	(v) has at least two subscribers but no limit to the maximum number 22
1236		-	of subscribers; 23
1237		-
1238		-	(vi) does not have subscriptions larger than 200 kilowatts 24
1239		-	constituting more than 60% of its kilowatt–hour output; 25
1240		-
1241		-	(vii) has a generating capacity that does not exceed 5 megawatts as 26
1242		-	measured by the alternating current rating of the system’s inverter; 27
1243		-
1244		-	(viii) may be owned by any person; and 28
1245		-
1246		-	(ix) with respect to community solar energy generating systems 29
1247		-	constructed under the Program, serves at least 40% of its kilowatt–hour output to LMI 30
1248		-	subscribers unless the solar energy system is wholly owned by the subscribers to the solar 31
1249		-	energy system. 32 28 HOUSE BILL 1036
1250		-
1251		-
1252		-
1253		-	[(5)] (6) “Consolidated billing” means a payment mechanism that 1
1254		-	requires an electric company to, at the request of a subscriber organization or subscription 2
1255		-	coordinator: 3
1256		-
1257		-	(i) include the monthly subscription charge of a subscriber 4
1258		-	organization or subscription coordinator on the monthly bills rendered by the electric 5
1259		-	company for electric service and supply to subscribers; and 6
1260		-
1261		-	(ii) remit payment for those charges to the subscriber organization 7
1262		-	or subscription coordinator. 8
1263		-
1264		-	[(6)] (7) “Critical area” has the meaning stated in § 8–1802 of the Natural 9
1265		-	Resources Article. 10
1266		-
1267		-	[(7)] (8) “LMI subscriber” means a subscriber that: 11
1268		-
1269		-	(i) is low–income; 12
1270		-
1271		-	(ii) is moderate–income; or 13
1272		-
1273		-	(iii) resides in a census tract that is [an]: 14
1274		-
1275		-	1. AN overburdened community; and 15
1276		-
1277		-	2. AN underserved community. 16
1278		-
1279		-	(9) “LOCAL GOVERNMENT ” MEANS: 17
1280		-
1281		-	(I) A COUNTY; OR 18
1282		-
1283		-	(II) A MUNICIPAL CORPORAT ION. 19
1284		-
1285		-	[(8)] (10) “Low–income” means: 20
1286		-
1287		-	(i) having an annual household income that is at or below 200% of 21
1288		-	the federal poverty level; or 22
1289		-
1290		-	(ii) being certified as eligible for any federal, State, or local 23
1291		-	assistance program that limits participation to households whose income is at or below 24
1292		-	200% of the federal poverty level. 25
1293		-
1294		-	[(9)] (11) “Moderate–income” means having an annual household income 26
1295		-	that is at or below 80% of the median income for Maryland. 27
1296		-	HOUSE BILL 1036 29
1297		-
1298		-
1299		-	[(10)] (12) “Overburdened community” has the meaning stated in § 1–701 1
1300		-	of the Environment Article. 2
1301		-
1302		-	[(11)] (13) “Pilot program” means the program established under this 3
1303		-	section before July 1, 2023, and effective until the start of the Program established under 4
1304		-	subsection (d)(20) of this section. 5
1305		-
1306		-	[(12)] (14) “Program” means the Community Solar Energy Generating 6
1307		-	Systems Program. 7
1308		-
1309		-	[(13)] (15) “Queue” means: 8
1310		-
1311		-	(i) the pilot program queue an electric company is required to 9
1312		-	maintain under COMAR 20.62.03.04; and 10
1313		-
1314		-	(ii) a queue an electric company may be required to maintain under 11
1315		-	the Program. 12
1316		-
1317		-	[(14)] (16) “Subscriber” means a retail customer of an electric company that: 13
1318		-
1319		-	(i) holds a subscription to a community solar energy generating 14
1320		-	system; and 15
1321		-
1322		-	(ii) has identified one or more individual meters or accounts to which 16
1323		-	the subscription shall be attributed. 17
1324		-
1325		-	[(15)] (17) “Subscriber organization” means: 18
1326		-
1327		-	(i) a person that owns or operates a community solar energy 19
1328		-	generating system; or 20
1329		-
1330		-	(ii) the collective group of subscribers of a community solar energy 21
1331		-	generating system. 22
1332		-
1333		-	[(16)] (18) “Subscription” means the portion of the electricity generated by 23
1334		-	a community solar energy generating system that is credited to a subscriber. 24
1335		-
1336		-	[(17)] (19) “Subscription coordinator” means a person that: 25
1337		-
1338		-	(i) markets community solar energy generating s ystems or 26
1339		-	otherwise provides services related to community solar energy generating systems under 27
1340		-	its own brand name; 28
1341		-
1342		-	(ii) performs any administrative action to allocate subscriptions, 29
1343		-	connect subscribers with community solar energy generating systems, or enroll customers 30
1344		-	in the Program; or 31 30 HOUSE BILL 1036
1345		-
1346		-
1347		-
1348		-	(iii) manages interactions between a subscriber organization and an 1
1349		-	electric company or electricity supplier relating to subscribers. 2
1350		-
1351		-	[(18)] (20) “Underserved community” has the meaning stated in § 1–701 of 3
1352		-	the Environment Article. 4
1353		-
1354		-	[(19)] (21) “Unsubscribed energy” means any community solar energy 5
1355		-	generating system output in kilowatt–hours that is not allocated to any subscriber. 6
1356		-
1357		-	[(20)] (22) “Virtual net energy metering” means measurement of the 7
1358		-	difference between the kilowatt–hours or value of electricity that is supplied by an electric 8
1359		-	company and the kilowatt–hours or value of electricity attributable to a subscription to a 9
1360		-	community solar energy generating system and fed back to the electric grid over the 10
1361		-	subscriber’s billing period, as calculated under the tariffs established under subsections 11
1362		-	(e)(2), (f)(2), and (g)(2) of this section. 12
1363		-
1364		-	(c) A community solar energy generating system, subscriber, subscriber 13
1365		-	organization, or subscription coordinator is not: 14
1366		-
1367		-	(1) an electric company; 15
1368		-
1369		-	(2) an electricity supplier; or 16
1370		-
1371		-	(3) a generating station if: 17
1372		-
1373		-	(I) the generating capacity of the community solar energy 18
1374		-	generating system does not exceed 2 megawatts; OR 19
1375		-
1376		-	(II) THE COMMUNITY SOLAR ENERGY GENERAT ING SYSTEM IS 20
1377		-	LOCATED ON THE ROOFT OP OF A BUILDING . 21
1378		-
1379		-	(d) (7) (I) Any unsubscribed energy generated by a community solar energy 22
1380		-	generating system that is not owned by an electric company shall CREATE BANKED BILL 23
1381		-	CREDITS TRACKED BY T HE ELECTRIC COMPANY THAT, WITHIN 1 YEAR AFTER THE 24
1382		-	DATE THAT THE BANKED BILL CREDIT WAS CREA TED, MAY BE ALLOCATED TO ONE 25
1383		-	OR MORE SUBSCRIBERS BY THE SUBSCRIBER OR GANIZATION OR SUBSCR IPTION 26
1384		-	COORDINATOR ASSOCIAT ED WITH THE COMMUNIT Y SOLAR ENERGY GENER ATING 27
1385		-	SYSTEM. 28
1386		-
1387		-	(II) THE GENERA TION ASSOCIATED WITH A BANKED BILL 29
1388		-	CREDIT NOT ALLOCATED TO A SUBSCRIBER WITH IN 1 YEAR AFTER THE DATE THAT 30
1389		-	THE BANKED BILL CRED IT WAS CREATED SHALL be purchased under the electric 31
1390		-	company’s process for purchasing the output from qualifying facilities at the amount it 32
1391		-	would have cost the electric company to procure the energy. 33 HOUSE BILL 1036 31
1392		-
1393		-
1394		-
1395		-	(O) (1) A LOCAL GOVERNMENT MAY ESTABLISH A COMMUNIT Y SOLAR 1
1396		-	AUTOMATIC ENROLLMENT PROGRAM BY SUBMITTIN G TO THE COMMISSION A LOCAL 2
1397		-	LAW, A CONTRACT, OR AN ADMINISTRATIVE APPROVAL THAT : 3
1398		-
1399		-	(I) STATES WHETHER : 4
1400		-
1401		-	1. THE LOCAL GOVERNMENT WILL OWN AND OPERATE 5
1402		-	ONE OR MORE AUTOMATI C ENROLLMENT PROJECT S; OR 6
1403		-
1404		-	2. THE LOCAL GOVERNMENT OR ITS DESIGNEE WILL 7
1405		-	SERVE AS THE SUBSCRI PTION COORDINATOR FO R ONE OR MORE AUTOMA TIC 8
1406		-	ENROLLMENT PROJECTS OWNED BY A THIRD PARTY ; AND 9
1407		-
1408		-	(II) DESCRIBES THE MECHAN ISM BY WHICH THE LOC AL 10
1409		-	GOVERNMENT INTENDS T O ENROLL CUSTOMERS . 11
1410		-
1411		-	(2) AN AUTOMATIC ENROLLME NT PROJECT SHALL UTI LIZE 12
1412		-	CONSOLIDATED BILLING AND PROVIDE A GUARAN TEED BILL CREDIT DIS COUNT TO 13
1413		-	AUTOMATIC ENROLLMENT SUBSCRIBE RS. 14
1414		-
1415		-	(3) A LOCAL GOVERNMENT MAY CONTRACT WITH A DESI GNEE TO 15
1416		-	IDENTIFY AND MANAGE THE SUBSCRIPTIONS TO AN AUTOMATIC ENROLLM ENT 16
1417		-	PROJECT. 17
1418		-
1419		-	(4) A LOCAL GOVERNMENT OR ITS DESIGNEE SHALL B E RESPONSIBLE 18
1420		-	FOR IDENTIFYING THE CUSTOMERS THAT WILL BE AUTOMATICALL Y ENROLLED FOR 19
1421		-	A SUBSCRIPTION TO TH E AUTOMATIC ENROLLME NT PROJECT, SUBJECT TO THE 20
1422		-	FOLLOWING CONDITIONS : 21
1423		-
1424		-	(I) AUTOMATIC ENROLLMENT SUBSCRIBERS MUST BE 22
1425		-	RESIDENTIAL CUSTOMER S, INCLUDING CUSTOMERS RESIDING IN MULTIFAM ILY 23
1426		-	DWELLING UNITS ; 24
1427		-
1428		-	(II) AT LEAST 51% OF AUTOMATIC ENROLLM ENT SUBSCRIBERS 25
1429		-	MUST BE LMI SUBSCRIBERS ; 26
1430		-
1431		-	(III) ALL CUSTOMERS SELECT ED TO BE AUTOMATICAL LY 27
1432		-	ENROLLED AS SUBSCRIB ERS TO THE AUTOMATIC ENROLLMENT PROJECT M UST BE 28
1433		-	WITHIN THE SERVICE T ERRITORY OF THE ELEC TRIC COMPA NY WHERE THE 29
1434		-	AUTOMATIC ENROLLMENT PROJECT IS LOCATED ; 30
1435		-
1436		-	(IV) SUBSCRIBERS MAY DECL INE OR OPT OUT FROM A 31
1437		-	SUBSCRIPTION TO THE AUTOMATIC ENROLLMENT PROJECT AT ANY TIME ; 32 32 HOUSE BILL 1036
1438		-
1439		-
1440		-
1441		-	(V) AUTOMATIC ENROLLMENT SUBSCRIBERS MAY SUBM IT A 1
1442		-	REQUEST TO OPT OUT O F A SUBSCRIPTIO N BY PHONE, IN WRITING, OR ONLINE 2
1443		-	THROUGH A WEBSITE MA INTAINED BY THE LOCA L GOVERNMENT OR ITS DESIGNEE; 3
1444		-	AND 4
1445		-
1446		-	(VI) A LOCAL GOVERNMENT M AY NOT CHARGE A FEE OR 5
1447		-	PENALTY FOR ENROLLME NT IN OR EXITING FRO M AN AUTOMATIC ENROL LMENT 6
1448		-	PROJECT. 7
1449		-
1450		-	(5) A LOCAL GOVERNMENT OR ITS DE SIGNEE MAY VERIFY TH E 8
1451		-	INCOME OF A PROSPECT IVE SUBSCRIBER FOR E LIGIBILITY AS AN LMI SUBSCRIBER 9
1452		-	USING ONE OF THE FOL LOWING METHODS : 10
1453		-
1454		-	(I) THE LOCATION OF THE PROSPECTIVE SUBSCRIB ER IN AN 11
1455		-	OVERBURDENED COMMUNI TY OR UNDERSERVED CO MMUNITY; 12
1456		-
1457		-	(II) A FORM OF VERIFICATI ON AUTHORIZED UNDER 13
1458		-	SUBSECTION (F)(1)(IV) OF THIS SECTION; OR 14
1459		-
1460		-	(III) ANY OTHER METHOD SEL ECTED BY THE LOCAL 15
1461		-	GOVERNMENT . 16
1462		-
1463		-	(6) AT LEAST 90 DAYS BEFORE SUBSCRIB ERS BEGIN RECEIVING 17
1464		-	THEIR FIRST BILL CRE DITS, A LOCAL GOVERNMENT OR ITS DESIGNEE SHAL L 18
1465		-	PROVIDE WRITTEN NOTI CE OF THE AUTOMATIC ENROLLMENT TO ALL SE LECTED 19
1466		-	SUBSCRIBERS VIA DELI VERY BY THE U.S. POSTAL SERVICE. 20
1467		-
1468		-	(7) THE NOTICE REQUIRED I N PARAGRAPH (6) OF THIS SUBSECTION 21
1469		-	SHALL INCLUDE : 22
1470		-
1471		-	(I) A STATEMENT THAT THE LOCAL GOVERNMENT HAS 23
1472		-	ESTABLISHED AN AUTOM ATIC ENROLLMENT PROJ ECT; 24
1473		-
1474		-	(II) A STATEMENT THAT THE PROSPECTIVE SUBSCRIB ER HAS 25
1475		-	THE RIGHT TO OPT OUT OF THE AUTOMATIC ENR OLLMENT PROJECT AT A NY TIME, 26
1476		-	BUT IF NO OPT–OUT REQUEST IS RECEI VED, THE PROSPECTIVE SUBS CRIBER WILL 27
1477		-	BE AUTOMATICALLY ENR OLLED IN THE AUTOMAT IC ENROLLMENT PROJEC T; 28
1478		-
1479		-	(III) AN EXPLANATION OF TH E CONSOLIDATED BILLI NG 29
1480		-	PROCEDURES OF THE AU TOMATIC ENROLLMENT P ROJECT; 30
1481		-
1482		-	(IV) DETAILED INSTRUCTION S ON HOW TO SUBMIT A N OPT–OUT 31
1483		-	REQUEST; AND 32 HOUSE BILL 1036 33
1484		-
1485		-
1486		-
1487		-	(V) A CONTACT NAME, PHONE NUMBER , AND E–MAIL ADDRESS 1
1488		-	FOR SUBSCRIBER INQUI RIES AND COMPLAINTS . 2
1489		-
1490		-	(8) AN ELECTRIC COMPANY S HALL FACILITATE THE ESTABLISHMENT 3
1491		-	OF AN AUTOMATIC ENRO LLMENT PROJECT FOR W HICH A LOCAL GOVERNM ENT HAS 4
1492		-	SUBMITTED THE INFORM ATION REQUIRED UNDER PARAGRAPH (1) OF THIS 5
1493		-	SUBSECTION BY : 6
1494		-
1495		-	(I) PROVIDING ACCESS TO : 7
1496		-
1497		-	1. THE HISTORIC BILLING USAGE OF CUSTOMERS T HAT 8
1498		-	MAY BE AUTOMATICALLY ENROLLED IN THE AUTO MATIC ENROLLMENT PRO JECT; 9
1499		-
1500		-	2. POINT–OF–SERVICE DELIVERY FOR CUSTOMERS 10
1501		-	THAT MAY BE AUTOMATI CALLY ENROLLED IN THE AUTO MATIC ENROLLMENT 11
1502		-	PROJECT; 12
1503		-
1504		-	3. PARTICIPATION IN ENE RGY ASSISTANCE PROGR AMS; 13
1505		-
1506		-	4. SUBSCRIPTIONS TO COM MUNITY SOLAR ENERGY 14
1507		-	GENERATING SYSTEMS ; 15
1508		-
1509		-	5. ACCOUNT NUMBERS FOR CUSTOMERS THAT MAY B E 16
1510		-	AUTOMATICALLY ENROLL ED IN THE AUTOMATIC ENROLLMENT PROJECT , IF 17
1511		-	APPLICABLE; AND 18
1512		-
1513		-	6. ANY OTHER REASONABLE INFORMATION REQUIRED 19
1514		-	BY THE LOCAL GOVERNM ENT OF ITS DESIGNEE TO ENROLL CUSTOMERS IN AN 20
1515		-	AUTOMATIC ENROLLMENT PROJECT; AND 21
1516		-
1517		-	(II) ENROLLING THE CUSTOM ERS IDENTIFIED BY TH E LOCAL 22
1518		-	GOVERNMENT OR ITS DE SIGNEE AS SUBSCRIBER S TO AN AUTOMATIC EN ROLLMENT 23
1519		-	PROJECT AT THE SUBSC RIPTION SIZE IDENTIF IED BY THE LOCAL GOV ERNMENT OR 24
1520		-	ITS DESIGNEE. 25
1521		-
1522		-	(9) THE ENROLLMENT AND MA NAGEMENT OF AUTOMATI C 26
1523		-	ENROLLMENT SUBSCRIBE RS TO AN AUTOMATIC E NROLLMENT PR OJECT IS NOT 27
1524		-	SUBJECT TO COMAR 20.62.05. 28
1525		-
1526		-	7–320. 29
1527		-
1528		-	(A) THIS SECTION APPLIES ONLY TO RESIDENTIAL ROOFTOP SOLAR 30
1529		-	ENERGY GENERATING SY STEMS. 31 34 HOUSE BILL 1036
1530		-
1531		-
1532		-
1533		-	(B) A SELLER OR LESSOR OF RESIDENTIAL ROOFTOP SOLAR ENERGY 1
1534		-	GENERATING SYSTEMS S HALL: 2
1535		-
1536		-	(1) PROVIDE TO THE BUYER OR LESSEE A 5–YEAR FULL WARRANTY 3
1537		-	ON THE INSTALLATION AND COMPONENT PARTS OF THE SYSTEM; 4
1538		-
1539		-	(2) INCLUDE ANY MANUFACT URER’S WARRANTIES FOR ANY OF THE 5
1540		-	PRODUCTS OR COMPONEN TS OF THE SYSTEM ; 6
1541		-
1542		-	(3) INFORM THE BUYER OR LESSEE OF THE MINIMU M LEVEL OF 7
1543		-	WEATHER–ADJUSTED ENERGY PRODUCTION TH E BUYER OR LESSEE MA Y EXPECT 8
1544		-	FROM THE SYSTEM ; AND 9
1545		-
1546		-	(4) CERTIFY, IN WRITING, THAT INSTALLATION OF THE SYSTEM IS 10
1547		-	COMPLIANT WITH ALL F EDERAL, STATE, AND LOCAL LAWS REGAR DING 11
1548		-	WORKMANSHIP AND THAT THE SOLAR PANELS , INVERTERS, RACKING SYSTE MS, AND 12
1549		-	ALL OTHER COMPONENTS MEET THE MINIMUM STA NDARDS FOR PRODUCT D ESIGN. 13
1550		-
1551		-	(C) THE COMMISSION AND THE MARYLAND ENERGY ADMINISTRATION 14
1552		-	MARYLAND DEPARTMENT OF LABOR SHALL: 15
1553		-
1554		-	(1) DEVELOP TECHNICAL SAFETY STA NDARDS A SPECIAL SOLAR 16
1555		-	CONTRACTOR LICENSE FOR THE INSTALLATION AND MAI NTENANCE OF 17
1556		-	RESIDENTIAL ROOFTOP SOLAR ENERGY GENERAT ING SYSTEMS; AND 18
1557		-
1558		-	(2) ESTABLISH MINIMUM QU ALIFICATIONS FOR IND IVIDUALS 19
1559		-	INSTALLING AND MAINT AINING RESIDENTIAL R OOFTOP SOLAR ENERGY 20
1560		-	GENERATING SYSTEMS . 21
1561		-
1562		-	(D) A SELLER OR LESSOR WHO VIOLATES THE REQUIREM ENTS OF THIS 22
1563		-	SECTION SHALL PAY A FINE NOT EXCEEDING $1,000 FOR EACH VIOLATION . 23
1564		-
1565		-	Article – State Government 24
1566		-
1567		-	9–2017. 25
1568		-
1569		-	(A) ON OR BEFORE DECEMBER 1, 2025, TO ASSIST THE STATE IN MEETING 26
1570		-	ITS SOLAR ENERGY COM MITMENTS UNDER TITLE 7, SUBTITLE 7 OF THE PUBLIC 27
1571		-	UTILITIES ARTICLE, THE DEPARTMENT OF NATURAL RESOURCES, IN 28
1572		-	CONSULTATION WITH TH E MARYLAND ENERGY ADMINISTRATION , THE 29
1573		-	DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, SHALL 30
1574		-	UPDATE THE PUBLICLY AVAILABLE SMARTDG+ TOOL TO INCLUDE STATE–OWNED 31
1575		-	LAND SUITABLE FOR SO LAR ENERGY DEVELOPME NT. 32 HOUSE BILL 1036 35
1576		-
1577		-
1578		-
1579		-	(B) ON OR BEFORE DECEMBER 1, 2026, THE DEPARTMENT OF NATURAL 1
1580		-	RESOURCES, IN CONSULTATION WITH THE MARYLAND ENERGY ADMINISTRATION , 2
1581		-	THE DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, 3
1582		-	SHALL ANALYZE LAND OWN ED BY THE STATE TO IDENTIFY LAN D SUITABLE FOR 4
1583		-	SOLAR ENERGY DEVELOP MENT TO ASSIST THE STATE IN MEETING ITS SOLAR 5
1584		-	ENERGY COMMITMENTS U NDER TITLE 7, SUBTITLE 7 OF THE PUBLIC UTILITIES 6
1585		-	ARTICLE. 7
1586		-
1587		-	SECTION 2. AND BE IT FURTHER ENACTED, That: 8
1588		-
1589		-	(a) The Public Service Commission shall conduct a study to establish a process by 9
1590		-	which the Commission may establish power purchase agreements, partnerships between 10
1591		-	electric companies and electricity suppliers, or other procurement models for electricity 11
1592		-	generation projects. 12
1593		-
1594		-	(b) The process established under subsection (a) of this section shall: 13
1595		-
1596		-	(1) include a method for determining whether a partnership for a 14
1597		-	generating station any of the procurement models specified in subsection (a) of this section 15
1598		-	will contribute to resource adequacy by increasing by 100 megawatts or more the electricity 16
1599		-	supply in the State that is accredited by PJM Interconnection, LLC; 17
1600		-
1601		-	(2) require that a generating station constructed by a partnership under 18
1602		-	any of the procurement models specified in subsection (a) of this section be connected to the 19
1603		-	electric distribution system in the State; 20
1604		-
1605		-	(3) require that the an electricity supplier in a partnership with an electric 21
1606		-	company construct the generating station; 22
1607		-
1608		-	(4) require that the an electricity supplier and electric company in a 23
1609		-	partnership using a procurement model specified in subsection (a) of this section jointly 24
1610		-	seek and receive a positive credit rating assessment from a credit rating agency; 25
1611		-
1612		-	(5) require that the Public Service Commission expedite all proceedings for 26
1613		-	the review and approval of a certificate of public convenience and necessity for a generating 27
1614		-	station proposed by a partnership under any of the procurement models specified in 28
1615		-	subsection (a) of this section and prioritize these proceedings, if necessary, over other 29
1616		-	matters; 30
1617		-
1618		-	(6) require that the Public Service Commission take final action on a 31
1619		-	certificate of public convenience and necessity for a generating station proposed by a 32
1620		-	partnership under any of the procurement models specified in subsection (a) of this section 33
1621		-	not later than 180 days after the Public Service Commission determines that the generating 34
1622		-	station qualifies as a partnership to procurement model will provide resource adequacy; 35
1623		-	36 HOUSE BILL 1036
1624		-
1625		-
1626		-	(7) require a State agency or other person to submit any filing to intervene 1
1627		-	in an application for a certificate of public convenience and necessity for a generating 2
1628		-	station proposed by a partnership under any of the procurement models specified in 3
1629		-	subsection (a) of this section no later than 90 days after the Public Service Commission 4
1630		-	determines that the proposed generating station qualifies as a partnership to procurement 5
1631		-	model will provide resource adequacy; 6
1632		-
1633		-	(8) require the Public Service Commission, the Department of the 7
1634		-	Environment, the Department of Natural Resources, and any other impacted State agency 8
1635		-	to expedite any regulatory requirements or decisions; 9
1636		-
1637		-	(9) require an electric company to expedite any processes needed to connect 10
1638		-	a generating station proposed by a partnership under any of the procurement models 11
1639		-	specified in subsection (a) of this section to the electric transmission system; and 12
1640		-
1641		-	(10) identify the potential rate impact and prioritize potential partnerships 13
1642		-	procurement models specified in subsection (a) of this section that have little or no impact 14
1643		-	on customer rates. 15
1644		-
1645		-	(c) On or before December 1, 2026, the Public Service Commission shall report to 16
1646		-	the Governor and, in accordance with § 2–1257 of the State Government Article, the 17
1647		-	General Assembly on the results of the study. 18
1648		-
1649		-	SECTION 3. AND BE IT FURTHER ENACTED, That a presently existing obligation 19
1650		-	or contract right may not be impaired in any way by this Act. 20
1651		-
1652		-	SECTION 4. AND BE IT FURTHER ENACTED, That: 21
1653		-
1654		-	(a) The Public Service Commission shall conduct a study on the feasibility of and 22
1655		-	technical barriers to establishing within the Commission a community solar automatic 23
1656		-	enrollment program for local jurisdictions. 24
1657		-
1658		-	(b) In conducting the study under subsection (a) of this section, the Commission 25
1659		-	shall consider: 26
1660		-
1661		-	(1) how low– to moderate–income subscribers would be subscribed under 27
1662		-	the program; 28
1663		-
1664		-	(2) whether subscribers automatically enrolled in the program should 29
1665		-	receive a bill credit; 30
1666		-
1667		-	(3) how to ensure that local jurisdictions comply with all parameters of the 31
1668		-	program; and 32
1669		-
1670		-	(4) any necessary notification requirements and consumer protections that 33
1671		-	the program should have. 34
1672		-	HOUSE BILL 1036 37
1673		-
1674		-
1675		-	(c) On or before July 1, 2026, the Public Service Commission shall report to the 1
1676		-	Governor and, in accordance with § 2–1257 of the State Government Article, the General 2
1677		-	Assembly on the results of the study. 3
1678		-
1679		-	SECTION 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not 4
1680		-	be applied or interpreted to have any effect on or application to the construction or 5
1681		-	modification of a solar energy generating system that was submitted for a certificate of 6
1682		-	public convenience and necessity from the Public Service Commission or a required permit 7
1683		-	from a local government before July 1, 2025. 8
1684		-
1685		-	SECTION 6. AND BE IT FURTHER ENACTED, That the meeting and notification 9
1686		-	requirements that a proposed solar energy generating system must satisfy under Section 1 10
1687		-	of this Act shall be deemed to be satisfied for a proposed solar energy generating system 11
1688		-	whose owner, operator, or other person responsible for the system has, on or before June 12
1689		-	30, 2025, and in accordance with an existing entitlement process, sent notifications to or 13
1690		-	held meetings in the overburdened community or underserved community in which the 14
1691		-	system is proposed to be located. 15
1692		-
1693		-	SECTION 7. AND BE IT FURTHER ENACTED, That provisions relating to § 16
1694		-	7–207.4 of the Public Utilities Article in Section 1 of this Act may not be applied or 17
1695		-	interpreted to have any effect on or application to the construction or modification of any 18
1696		-	solar energy generating system for which a certificate of public convenience and necessity 19
1697		-	or other required approval was obtained before the effective date of the regulations adopted 20
1698		-	by the Public Service Commission under § 7–207.4(c) of the Public Utilities Article, as 21
1699		-	enacted by Section 1 of this Act. 22
1700		-
1701		-	SECTION 4. 8. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
1702		-	October July 1, 2025. 24
1703		-
1704		-
1705		-
1706		-
1707		-	Approved:
1708		-	________________________________________________________________________________
1709		-	Governor.
1710		-	________________________________________________________________________________
1711		-	Speaker of the House of Delegates.
1712		-	________________________________________________________________________________
1713		-	President of the Senate.