EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1036*
HOUSE BILL 1036
C5, M5 5lr1948
CF SB 931
By: Delegates Wilson and Crosby
Introduced and read first time: February 5, 2025
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 21, 2025
CHAPTER ______
AN ACT concerning 1
Public Utilities – Generating Stations – Generation and Siting 2
(Renewable Energy Certainty Act) 3
FOR the purpose of altering the factors the Public Service Commission must consider before 4
taking final action on a certificate of public convenience and necessity; establishing 5
a distributed generation certificate of public convenience and necessity to authorize 6
the construction and operation of a certain distributed solar energy generating 7
system; requiring the Power Plant Research Program, by a certain date, to develop 8
and submit to the Commission proposed siting and design requirements and 9
licensing conditions; establishing certain requirements for the construction of a 10
certain solar energy generating station or front–of–the–meter energy storage device; 11
prohibiting a local jurisdiction from adopting certain laws or regulations or denying 12
certain site development plans under certain circumstances; requiring a local 13
government to expedite the review and approval of certain site development plans 14
under certain circumstances; authorizing a local government to establish a certain 15
community solar energy generating system automatic enrollment program under 16
certain circumstances; establishing certain requirements for the sale, lease, and 17
installation of certain residential rooftop solar energy generating systems; requiring 18
the Maryland Department of Labor to develop a special solar contractor license; 19
requiring the Commission to conduct a certain study to establish a process by which 20
the Commission may establish certain partnerships procurement models; and 21
generally relating to generating stations. 22
BY repealing and reenacting, without amendments, 23
Article – Public Utilities 24 2 HOUSE BILL 1036
Section 7–207(d) 1
Annotated Code of Maryland 2
(2020 Replacement Volume and 2024 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Natural Resources 5
Section 3–306(a)(1) 6
Annotated Code of Maryland 7
(2023 Replacement Volume and 2024 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Public Utilities 10
Section 7–207(e) and 7–306.2(a), (c), and (d)(7) Section 7–207(b)(1)(i) and (ii), (e), and 11
(h), 7–207.1(c)(1), and 7–306.2(a), (c), and (d)(7) 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Public Utilities 16
Section 7–207(d) 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – Public Utilities 21
Section 7–207.4, 7–218, 7–219, 7–306.2(o), and 7–320 22
Annotated Code of Maryland 23
(2020 Replacement Volume and 2024 Supplement) 24
BY adding to 25
Article – State Government 26
Section 9–2017 27
Annotated Code of Maryland 28
(2021 Replacement Volume and 2024 Supplement) 29
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 30
That the Laws of Maryland read as follows: 31
Article – Natural Resources 32
3–306. 33
(a) (1) Notwithstanding anything to the contrary in this article or the Public 34
Utilities Article, on application to the Public Service Commission for a certificate of public 35
convenience and necessity associated with power plant construction IN ACCORDANCE 36
WITH § 7–207 OF THE PUBLIC UTILITIES ARTICLE, the Commission shall notify 37 HOUSE BILL 1036 3
immediately the Department [of Natural Resources] and the Department of the 1
Environment of the application. 2
Article – Public Utilities 3
7–207. 4
(b) (1) (i) [Unless] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 5
THIS PARAGRAPH , UNLESS a certificate of public convenience and necessity for the 6
construction is first obtained from the Commission, a person may not begin construction in 7
the State of: 8
1. a generating station; or 9
2. a qualified generator lead line. 10
(ii) [If a person obtains Commission approval for construction under 11
§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 12
obtain a certificate of public convenience and necessity under this section] A PERSON IS 13
NOT REQUIRED TO OBTA IN A CERTIFICATE OF PUBLIC CONVENIENCE A ND 14
NECESSITY UNDER THIS SECTION IF THE PERSO N OBTAINS: 15
1. COMMISSION APPROVAL F OR CONSTRUCTION UNDE R 16
§ 7–207.1 OF THIS SUBTITLE; OR 17
2. A DISTRIBUTED GENERATI ON CERTIFICATE OF 18
PUBLIC CONVENIENCE A ND NECESSITY UNDER § 7–207.4 OF THIS SUBTITLE . 19
(d) (1) (i) The Commission shall provide an opportunity for public 20
comment and hold a public hearing on the application for a certificate of public convenience 21
and necessity in each county and municipal corporation in which any portion of the 22
construction of a generating station, an overhead transmission line designed to carry a 23
voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. 24
(ii) The Commission may hold the public hearing virtually rather 25
than in person if the Commission provides a comparable opportunity for public comment 26
and participation in the hearing. 27
(2) The Commission shall hold the public hearing jointly with the 28
governing body of the county or municipal corporation in which any portion of the 29
construction of the generating station, overhead transmission line, or qualified generator 30
lead line is proposed to be located, unless the governing body declines to participate in the 31
hearing. 32
4 HOUSE BILL 1036
(3) (i) Once in each of the 4 successive weeks immediately before the 1
hearing date, the Commission shall provide weekly notice of the public hearing and an 2
opportunity for public comment: 3
1. by advertisement in a newspaper of general circulation in 4
the county or municipal corporation affected by the application; 5
2. on two types of social media; and 6
3. on the Commission’s website. 7
(ii) Before a public hearing, the Commission shall coordinate with 8
the governing body of the county or municipal corporation in which any portion of the 9
construction of the generating station, overhead transmission line, or qualified generator 10
lead line is proposed to be located to identify additional options for providing, in an efficient 11
and cost–effective manner, notice of the public hearing through other types of media that 12
are familiar to the residents of the county or municipal corporation. 13
(4) (i) On the day of a public hearing, an informational sign shall be 14
posted prominently at or near each public entrance of the building in which the public 15
hearing will be held. 16
(ii) The informational sign required under subparagraph (i) of this 17
paragraph shall: 18
1. state the time, room number, and subject of the public 19
hearing; and 20
2. be at least 17 by 22 inches in size. 21
(iii) If the public hearing is conducted virtually rather than in person, 22
the Commission shall provide information on the hearing prominently on the Commission’s 23
website. 24
(5) (i) The Commission shall ensure presentation and 25
recommendations from each interested State unit, and shall allow representatives of each 26
State unit to sit during hearing of all parties. 27
(ii) The Commission shall allow each State unit 15 days after the 28
conclusion of the hearing to modify the State unit’s initial recommendations. 29
(e) The Commission shall take final action on an application for a certificate of 30
public convenience and necessity only after due consideration of: 31
(1) the recommendation of the governing body of each county or municipal 32
corporation in which any portion of the construction of the generating station, overhead 33
transmission line, or qualified generator lead line is proposed to be located; 34 HOUSE BILL 1036 5
(2) the effect of the generating station, overhead transmission line, or 1
qualified generator lead line on: 2
(i) the stability and reliability of the electric system; 3
(ii) economics; 4
(iii) esthetics; 5
(iv) historic sites; 6
(v) aviation safety as determined by the Maryland Aviation 7
Administration and the administrator of the Federal Aviation Administration; 8
(vi) when applicable, air quality and water pollution; and 9
(vii) the availability of means for the required timely disposal of 10
wastes produced by any generating station; 11
(3) the effect of climate change on the generating station, overhead 12
transmission line, or qualified generator lead line based on the best available scientific 13
information recognized by the Intergovernmental Panel on Climate Change; [and] 14
(4) for a generating station: 15
(i) the consistency of the application with the comprehensive plan 16
and zoning of each county or municipal corporation where any portion of the generating 17
station is proposed to be located; 18
(ii) the efforts to resolve any issues presented by a county or 19
municipal corporation where any portion of the generating station is proposed to be located; 20
(iii) the impact of the generating station on the quantity of annual 21
and long–term statewide greenhouse gas emissions, measured in the manner specified in § 22
2–1202 of the Environment Article and based on the best available scientific information 23
recognized by the Intergovernmental Panel on Climate Change; and 24
(iv) the consistency of the application with the State’s climate 25
commitments for reducing statewide greenhouse gas emissions, including those specified 26
in Title 2, Subtitle 12 of the Environment Article; AND 27
(5) FOR A SOLAR ENERGY G ENERATING STATION SP ECIFIED UNDER § 28
7–218 OF THIS SUBTITLE , WHETHER THE OWNER OF A PROPOSED SOLA R ENERGY 29
GENERATING STATION C OMPLIES WITH THE SITE REQUIREMENTS OF UNDER § 30
7–218(F) OF THIS SUBTITLE . 31 6 HOUSE BILL 1036
(h) (1) A county or municipal corporation has the authority to approve or deny 1
any local permit required under a certificate of public convenience and necessity issued 2
under this section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC 3
CONVENIENCE AND NECE SSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE . 4
(2) A county or municipal corporation shall approve or deny any local 5
permits required under a certificate of public convenience and necessity issued under this 6
section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC CONVENIENCE 7
AND NECESSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE : 8
(i) within a reasonable time; and 9
(ii) to the extent local laws are not preempted by State law, in 10
accordance with local laws. 11
(3) A county or municipal corporation may not condition the approval of a 12
local permit required under a certificate of public convenience and necessity issued under 13
this section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC CONVENIENC E 14
AND NECESSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE on receipt of any of the 15
following approvals for any aspect of a generating station, an overhead transmission line, 16
or a qualified lead line proposed to be constructed under the certificate: 17
(i) a conditional use approval; 18
(ii) a special exception approval; or 19
(iii) a floating zone approval. 20
7–207.1. 21
(c) (1) The Commission shall require a person that is exempted from the 22
requirement to obtain a certificate of public convenience and necessity UNDER § 23
7–207(B)(1)(II)1 OF THIS SUBTITLE to obtain approval from the Commission under this 24
section before the person may construct a generating station described in subsection (b) of 25
this section. 26
7–207.4. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
(2) “DISTRIBUTED GENER ATION CERTIFICATE OF PUBLIC 30
CONVENIENCE AND NECE SSITY” OR “DGCPCN” MEANS A CERTIFICATE ISSUED BY 31
THE COMMISSION UNDER THIS SECTION THAT AUTHORI ZES THE CONSTRUCTION 32
AND OPERATION OF A D ISTRIBUTED SOLAR ENE RGY GENERATING SYSTE M. 33 HOUSE BILL 1036 7
(3) “DISTRIBUTED SOLAR ENE RGY GENERATING SYSTE M” MEANS A 1
COMMUNITY SOLAR ENER GY GENERATING SYSTEM , AS DEFINED IN § 7–306.2 OF 2
THIS TITLE, THAT: 3
(I) WOULD BE REQUIRED TO OBTAIN A CERTIFICATE OF PUBLIC 4
CONVENIENCE AND NECE SSITY UNDER § 7–207 OF THIS SUBTITLE IF THE SYSTEM 5
DOES NOT OBTAIN A DGCPCN UNDER THIS SECTION ; 6
(II) HAS A CAPACITY TO PR ODUCE MORE THAN 2 MEGAWATTS 7
BUT NOT MORE THAN 5 MEGAWATTS OF ALTERNA TING CURRENT AS MEAS URED BY 8
THE ALTERNATING CURR ENT RATING OF THE SY STEM’S INVERTER; AND 9
(III) IS NOT LOCATED WITHI N A MUNICIPAL CORPORAT ION. 10
(4) “FOREST” HAS THE MEANING STAT ED IN § 5–1601 OF THE 11
NATURAL RESOURCES ARTICLE. 12
(5) “POWER PLANT RESEARCH PROGRAM” MEANS THE PROGRAM 13
WITHIN THE DEPARTMENT OF NATURAL RESOURCES UNDER TITLE 3, SUBTITLE 3 14
OF THE NATURAL RESOURCES ARTICLE. 15
(6) “STANDARD LICENSING CO NDITIONS” MEANS THE 16
PREDETERMINED LICENS ING CONDITIONS ADOPT ED BY THE COMMISSION UNDER 17
THIS SECTION FOR T HE CONSTRUCTION AND OPERATION OF A DISTR IBUTED SOLAR 18
ENERGY GENERATING SY STEM THAT HAS BEEN I SSUED A DGCPCN UNDER THIS 19
SECTION. 20
(7) “STANDARD SITING AND D ESIGN REQUIREMENTS ” MEANS THE 21
PREDETERMINED OBJECT IVE REQUIREMENTS ADO PTED BY THE COMMISSION 22
UNDER THIS SECTION FOR THE SITING AND DESIGN OF A DISTRIBUTED SOLAR 23
ENERGY GENERATING SY STEM THAT HAS BEEN I SSUED A DGCPCN UNDER THIS 24
SECTION. 25
(B) (1) ON OR BEFORE JULY 1, 2026, THE POWER PLANT RESEARCH 26
PROGRAM, AFTER GIVING NOTICE AND OPPORTUNITY FOR PUBLIC COMMENT, 27
SHALL DEVELOP AND SU BMIT TO THE COMMISSION PROPOSED S TANDARD SITING 28
AND DESIGN REQUIREME NTS AND PROPOSED STA NDARD LICENSING COND ITIONS 29
FOR THE ISSUANCE OF A DGCPCN. 30
(2) IN DEVELOPING THE PRO POSED STANDARD SITIN G AND DESIGN 31
REQUIREMENTS AND THE PROPOSED STANDARD LI CENSING CONDITIONS , THE 32
POWER PLANT RESEARCH PROGRAM SHALL : 33
8 HOUSE BILL 1036
(I) CONSIDER ACHIEVEMENT OF THE STATE’S CLIMATE AND 1
RENEWABLE ENERGY COM MITMENTS; 2
(II) CONSIDER REASONABLE SETBACKS AND LANDSCA PE 3
SCREENING REQUIREMEN TS; 4
(III) CONSIDER ENVIRONMENTAL P RESERVATION , INCLUDING 5
PROHIBITIONS ON FORE ST CLEARANCE EXCEPT WHERE NECESSARY TO : 6
1. REDUCE SOLAR PANEL S HADING NEAR THE 7
PERIMETER OF THE PRO JECT SITE; 8
2. FACILITATE INTERCONN ECTION INFRASTRUCTUR E; 9
AND 10
3. ENSURE ADEQUATE SITE ACCESS; 11
(IV) CONSIDER STORMWATER MANAGEMENT , EROSION AND 12
SEDIMENT CONTROL , AND SITE STABILIZATI ON, ACCOUNTING FOR : 13
1. THE EFFECTS ON RUNOF F FROM SOLAR PANELS AND 14
ASSOCIATED EQUIPMENT ; 15
2. THE EFFECTS OF SOIL CHARACTERISTICS AND 16
COMPACTION ON RUNOFF ; AND 17
3. THE EFFECTS OF THE G ROUND COVER UNDER AN D 18
BETWEEN THE SOLAR PA NELS ON RUNOFF ; 19
(V) CONSIDER MINIMIZATIO N AND MITIGATION OF THE 20
EFFECTS OF A DISTRIB UTED SOLAR ENERGY GE NERATING SYSTEM ON H ISTORIC 21
SITES; 22
(VI) CONSIDER PUBLIC SAFETY; 23
(VII) CONSIDER INDUSTRY BE ST PRACTICES; 24
(VIII) CONSIDER ENSURING TH E STABILITY AND RELI ABILITY OF 25
THE ELECTRIC SYSTEM BY REQUIRING THE APP LICANT TO SUBMIT A S IGNED 26
INTERCONNECTION AGRE EMENT WITH THE ELECT RIC COMPANY BEFORE T HE 27
START OF CONSTRUCTIO N; 28
HOUSE BILL 1036 9
(IX) CONSIDER LICENSING C ONDITIONS PREVIOUSLY ADOPTED 1
BY THE COMMISSION FOR SOLAR ENERGY GENERATING SY STEMS, INCLUDING 2
REQUIREMENTS RELATED TO DECOMMISSIONING ; 3
(X) ENSURE THE STANDARD SITING AND DESIGN 4
REQUIREMENTS ARE CON SISTENT WITH § 7–218 OF THIS SUBTITLE; AND 5
(XI) CONSIDER ANY OTHER R EQUIREMENTS DETERMIN ED 6
NECESSARY BY THE POWER PLANT RESEARCH PROGRAM. 7
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 8
BEFORE JULY 1, 2027, THE COMMISSION SHALL ADOP T REGULATIONS TO: 9
(I) IMPLEMENT STANDARD S ITING AND DESIGN 10
REQUIREMENTS AND STA NDARD LICENSING COND ITIONS FOR A DGCPCN; 11
(II) SPECIFY THE FORM OF THE APPLICATION FOR A 12
DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM TO RECEIVE A DGCPCN AND 13
ANY APPLICATION FEE ; 14
(III) SPECIFY THE COMMISSION’S PROCEDURE FOR PROC ESSING 15
AN APPLICATION FOR A DGCPCN; AND 16
(IV) ESTABLISH THE TIME P ERIOD WITHIN WHICH T HE POWER 17
PLANT RESEARCH PROGRAM MUST MAKE THE DETERMINATION UNDER 18
SUBSECTION (F) OF THIS SECTION. 19
(2) THE COMMISSION SHALL: 20
(I) CONSIDER THE PROPOSE D STANDARD SITING AN D DESIGN 21
REQUIREMENTS AND THE PROPOSED STANDARD LI CENSING CONDITIONS 22
DEVELOPED BY THE POWER PLANT RESEARCH PROGRAM IN ADOPTING T HE 23
REGULATIONS UNDER TH IS SUBSECTION; AND 24
(II) ENSURE REGULATIONS ADOPTED TO IMPLEMENT 25
STANDARD SITING AND DESIGN REQUIREMENTS ARE CONSISTENT WITH § 7–218 OF 26
THIS SUBTITLE. 27
(3) (I) THE COMMISSION, IN CONSULTATION WITH THE POWER 28
PLANT RESEARCH PROGRAM, MAY PERIODICALLY SOL ICIT PUBLIC COMMENTS 29
REGARDING IMPROVEMENTS TO THE STANDARD SITING AND DESIGN 30
REQUIREMENTS AND STA NDARD LICENSING COND ITIONS FOR A DGCPCN. 31
10 HOUSE BILL 1036
(II) THE PROCESS FOR SOLIC ITING PUBLIC COMMENT S UNDER 1
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE THE SAME AS T HE PROCESS FOR 2
SOLICITING PUBLIC COMMENT REGARDING TH E ADOPTION OF A REGU LATION. 3
(4) (I) THE COMMISSION AND THE DEPARTMENT OF NATURAL 4
RESOURCES MAY JOINTLY SET AN APPLICATION F EE FOR A DGCPCN APPLICATION 5
AT AN AMOUNT THAT TH E COMMISSION AND THE DEPARTMENT OF NATURAL 6
RESOURCES DETERMINE MAY OFFSET THE ADMIN ISTRATIVE COSTS OF T HE 7
DGCPCN APPROVAL PROCESS THA T ARE INCURRED BY TH E COMMISSION AND THE 8
DEPARTMENT OF NATURAL RESOURCES. 9
(II) THE ADMINISTRATIVE CO STS UNDER SUBPARAGRA PH (I) OF 10
THIS PARAGRAPH SHALL BE BASED ON AN ESTIM ATE OF THE NUMBER OF DGCPCN 11
APPLICATIONS THAT WI LL BE FILED WITH THE COMMISSION EACH YEAR . 12
(D) (1) A PERSON MAY NOT BEGIN CONSTRUCTION OF A DI STRIBUTED 13
SOLAR ENERGY GENERAT ING SYSTEM UNLESS : 14
(I) A DGCPCN IS FIRST OBTAINED FR OM THE COMMISSION IN 15
ACCORDANCE WIT H THIS SECTION; OR 16
(II) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 17
IS FIRST OBTAINED FR OM THE COMMISSION IN ACCORDA NCE WITH § 7–207 OF THIS 18
SUBTITLE. 19
(2) AT LEAST 30 DAYS BEFORE SUBMITTI NG AN APPLICATION FO R A 20
DGCPCN TO THE COMMISSION, THE APPLICANT SHALL SUBMIT A COPY OF THE 21
APPLICATION TO THE G OVERNING BODY OF THE COUNTY IN WHICH THE 22
DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM IS PROPOSED TO BE LOCATED. 23
(3) WHEN A PERSON SUBMITS AN APPLICATION FOR A DGCPCN TO 24
THE COMMISSION, THE PERSON SHA LL SUBMIT A COPY OF THE APPLICATION TO T HE 25
POWER PLANT RESEARCH PROGRAM. 26
(E) (1) AFTER RECEIVING AN AP PLICATION FOR A DGCPCN BUT 27
BEFORE A DETERMINATI ON IS MADE UNDER SUB SECTION (F) OF THIS SECTION, THE 28
COMMISSION SHALL PROV IDE AN OPPORTUNITY F OR PUBLIC COMMENT AND HOLD 29
A PUBLIC HEARING ON AN APPLICATION FOR A DGCPCN IN EACH COUNTY IN 30
WHICH ANY PORTION OF THE CONSTRUCTION OF THE DISTRIBUTED SOLA R ENERGY 31
GENERATING SYSTEM IS PROPOSED TO BE LOCAT ED. 32
(2) THE COMMISSION MAY HOLD T HE PUBLIC HEARING VI RTUALLY 33
RATHER THAN IN PERSO N IF THE COMMISSION PROVIDES A COMPARABLE 34
OPPORTUNITY FOR PUBL IC COMMENT AND PARTI CIPATION IN THE HEAR ING. 35 HOUSE BILL 1036 11
(F) (1) AFTER AN APPLICATION FOR A DGCPCN IS FILED WITH THE 1
COMMISSION AND WITHIN THE TIME PERIOD SET BY THE COMMISSION UNDER 2
SUBSECTION (C)(1)(IV) OF THIS SECTION, THE POWER PLANT RESEARCH PROGRAM 3
SHALL: 4
(I) DETERMINE WHETHER TH E DISTRIBUTED SOLAR ENERGY 5
GENERATING SYSTEM SA TISFIES THE STANDARD SITING AND DESIGN 6
REQUIREMENTS FOR THE DGCPCN; AND 7
(II) NOTIFY THE COMMISSION IN WRITING AS TO THE 8
DETERMINATION MADE U NDER ITEM (I) OF THIS PARAGRAPH , INCLUDING HOW AN 9
APPLICATION THAT IS DETERMINED NOT TO SA TISFY THE STANDARD S ITING AND 10
DESIGN REQUIREMENTS CAN CURE THE DEFICIE NCY. 11
(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 12
SUBSECTION, THE POWER PLANT RESEARCH PROGRAM SHALL CONSIDE R PUBLIC 13
COMMENTS RECEIVED BY THE COMMISSION. 14
(G) (1) WITHIN 60 DAYS AFTER THE POWER PLANT RESEARCH 15
PROGRAM MAKES ITS DET ERMINATION UNDER SUB SECTION (F)(1) OF THIS 16
SECTION, THE COMMISSION SHALL SCHEDULE A HEARING TO CONSIDER THE 17
APPLICATION FOR A DGCPCN. 18
(2) (I) AT THE HEARING UNDER PARAGRAPH (1) OF THIS 19
SUBSECTION, THE COMMISSION SHALL DETE RMINE WHETHER THE PR OPOSED 20
DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM SATISFIES THE STA NDARD 21
SITING AND DESIGN REQ UIREMENTS. 22
(II) THE COMMISSION SHALL ISSU E A DGCPCN TO AN 23
APPLICANT TO CONSTRU CT A PROPOSED DISTRI BUTED SOLAR ENERGY 24
GENERATING SYSTEM SU BJECT TO THE STANDAR D LICENSING CONDITIO NS IF THE 25
COMMISSION DETERMINES THAT THE PROPOSED DI STRIBUTED SOLAR ENERGY 26
GENERATING SYSTEM SA TISFIES THE STANDARD SITING AND DESIGN 27
REQUIREMENTS . 28
(III) THE COMMISSION MAY NOT IS SUE A DGCPCN TO AN 29
APPLICANT IF THE PRO POSED DISTRIBUTED SO LAR ENERGY GENERATIN G SYSTEM 30
DOES NOT SATISFY EAC H OF THE STANDARD SI TING AND DESIGN REQU IREMENTS. 31
(3) IN MAKING A DETERMINA TION UNDER THIS SUBS ECTION, THE 32
COMMISSION SHALL CONS IDER PUBLIC COMMENTS RECEIVED BY THE COMMISSION 33
UNDER SUBSECTION (E) OF THIS SECTION. 34
12 HOUSE BILL 1036
(H) (1) A DGCPCN ISSUED BY THE COMMISSION UNDER THIS SECTION 1
SHALL REQUIRE THE PE RSON CONSTRUCTING TH E DISTRIBUTED SOLAR ENERGY 2
GENERATING SYSTEM TO OBTAIN THE FOLLOWING PERMITS AND APPROVAL S FROM 3
THE COUNTY , MUNICIPAL CORPORATIO N, OR SOIL CONSERVATION DISTRICT IN 4
WHICH THE SYSTEM IS TO BE CONSTRUCTED : 5
(I) SITE PLAN APPROVAL ; 6
(II) STORMWATER MANAGEMEN T PLAN APPROVAL ; 7
(III) EROSION AND SEDIMENT CONTROL PLAN APPROVA L; 8
(IV) ALL APPLICABLE BUILD ING AND ELECTRICAL P ERMITS; 9
AND 10
(V) ANY ADDITIONAL LOCAL PERMIT REQUIRED BY T HE 11
STANDARD LICENSING C ONDITIONS. 12
(2) THE PROVISIONS OF § 7–207(H) OF THIS SUBTITLE SHA LL APPLY 13
TO ANY PERMITS AND A PPROVALS REQUIRED UN DER PARAGRAPH (1) OF THIS 14
SUBSECTION. 15
(I) A DGCPCN ISSUED BY THE COMMISSION UNDER THIS SECTION HAS 16
THE SAME FORCE AND E FFECT AS A CERTIFICA TE OF PUBLIC CONVENIENC E AND 17
NECESSITY ISSUED UND ER § 7–207 OF THIS SUBTITLE. 18
7–218. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “AGRIVOLTAICS” HAS THE MEANING STAT ED IN § 7–306.2 OF THIS 22
TITLE. 23
(2) (3) “BROWNFIELD S SITE” HAS THE MEANING STAT ED IN § 24
7–207 OF THIS SUBTITLE . 25
(3) (4) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 26
CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 27
(5) “PRIORITY PRESERVATION AREA” MEANS AN AREA CERTIF IED AS 28
A PRIORITY PRESERVAT ION AREA UNDER § 2–518 OF THE AGRICULTURE ARTICLE. 29
HOUSE BILL 1036 13
(6) (I) “PROJECT AREA ” MEANS AN AREA WITHIN WHICH 1
CONSTRUCTION , MATERIALS AND EQUIPM ENT STORAGE , GRADING, LANDSCAPING , 2
AND RELATED ACTIVITI ES FOR A PROJEC T MAY OCCUR. 3
(II) “PROJECT AREA ” INCLUDES ONE OR MORE CONTIGUOUS 4
PARCELS OR PROPERTIE S UNDER THE SAME OWN ERSHIP OR LEASE AGRE EMENT. 5
(B) THIS SECTION APPLIES ONLY TO A SOLAR ENER GY GENERATING 6
STATION THAT: 7
(1) HAS THE CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS 1 8
MEGAWATT OF ELECTRICITY AS ME ASURED BY THE ALTERN ATING CURRENT RATING 9
OF THE SYSTEM’S STATION’S INVERTER; 10
(2) (I) IS DESIGNED TO PRODU CE ELECTRICITY FOR S ALE ON THE 11
WHOLESALE MARKET ; OR 12
(II) IS A COMMUNITY SOLAR ENERGY GENERATING SY STEM 13
UNDER § 7–306.2 OF THIS TITLE; OR 14
(III) IS PART OF AGGREGATE NET METERING UNDER § 7–306.3 15
OF THIS TITLE; AND 16
(3) IS NOT LOCATED ON A ROOFTOP, CARPORT, OR BROWNFIELDS 17
SITE OR BEHIND THE M ETER OF A RETAIL ELECTRIC CUSTOMER . 18
(C) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SO LAR ENERGY 19
GENERATING STATION U NLESS: 20
(1) THE CONSTRUCTION HAS BEE N APPROVED BY THE COMMISSION 21
IN ACCORDANCE WITH OR, FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS 22
THE CAPACITY TO PRO DUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 23
MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 24
THE LOCAL JURISDICTI ON VERIFIES THAT THE PROPOSED CONSTRUCTIO N MEETS 25
ALL OF THE SITE REQU IREMENTS UNDER SUBSE CTION (F) OF THIS SECTION; AND 26
(2) (I) FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS THE 27
CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS MEASURED 28
BY THE ALTERNATING C URRENT RATING OF THE STATION’S INVERTER: 29
(I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 30
HAS BEEN ISSUED IN A CCORDANCE WITH § 7–207 OF THIS SUBTITLE; OR 31
14 HOUSE BILL 1036
(II) A DISTRIBUTED GENERA TION CERTIFICATE OF PUBLIC 1
CONVENIENCE AND NECE SSITY HAS BEEN ISSUE D IN ACCORDANCE WITH § 7–207.4 2
OF THIS SUBTITLE; OR 3
(III) THE CONSTRUCTION HAS BEEN APPROVED BY THE 4
COMMISSION IN ACCORDA NCE WITH § 7–207.1 OF THIS SUBTITLE; AND 5
(3) THE CONSTRUCTION HAS RECEIVED APPROVAL FO R ALL LOCAL 6
PERMITS REQUIRED UND ER § 7–207(H) OF THIS SUBTITLE. 7
(D) ON RECEIPT OF AN APPLICATION FOR APPR OVAL UNDER THIS SECT ION, 8
THE COMMISSION SHALL PROV IDE IMMEDIATE NOTICE OR REQUIRE THE 9
APPLICANT TO PROVIDE IMMEDIATE NOTICE OF THE APPLICATION TO : 10
(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 11
CORPORATION IN WHICH ANY PORTION OF THE SOLAR ENERGY GEN ERATING 12
STATION IS PROPOSED TO BE CONSTRUCTED ; 13
(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 14
CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R ENERGY 15
GENERATING STATION ; 16
(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 17
PART OF A COUNTY IN WHICH ANY PORTION OF THE SOLAR ENERGY GEN ERATING 18
STATION IS PROPOSED TO BE CONSTRUCTED ; 19
(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 20
PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R 21
ENERGY GENERATING ST ATION; AND 22
(5) THE RESIDENTS AND PR OPERTY OWNERS WITHIN 1 MILE OF THE 23
PROPOSED LOCATION OF THE SOLAR ENERGY GEN ERATING STATION 24
(1) A PERSON THAT SUBMITS AN APPLICATION FOR A PPROVAL OF 25
THE CONSTRUCTION OF A SOLAR ENERGY GENER ATING STATION IN ACCORDANC E 26
WITH § 7–207, § 7–207.1, OR § 7–207.4 OF THIS SUBTITLE SHA LL INCLUDE WITH THE 27
APPLICATION WRITTEN DOCUMENTATION OR OTH ER EVIDENCE SHOWING THAT THE 28
PROPOSED CONSTRUCTIO N MEETS THE REQUIREM ENTS UNDER SUBSECTIO NS (F) 29
AND (G) OF THIS SECTION. 30
(2) FOR A SOLAR ENERGY GE NERATING STATION THA T HAS THE 31
CAPACITY TO PRODUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 32
MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 33
A PERSON THAT SUBMIT S A SITE DEVELOPMENT PLAN TO A LOCAL JU RISDICTION 34 HOUSE BILL 1036 15
SHALL INCLUDE WITH T HE PLAN WRITTEN DOCU MENTATION OR OTHER E VIDENCE 1
SHOWING THAT THE PRO POSED CONSTRUCTION M EETS THE REQUIREMENT S UNDER 2
SUBSECTIONS (F) AND (G) OF THIS SECTION. 3
(E) (E) (1) WHEN REVIEWING AN APPLICA TION FOR APPROVAL UN DER 4
VERIFYING WHETHER THE DOC UMENTATION PROVIDED UNDER SUBSECTION (D) OF 5
THIS SECTION MEETS T HE REQUIREMENTS UNDE R SUBSECTIONS (F) AND (G) OF 6
THIS SECTION, THE COMMISSION OR LOCAL JURISDICTIO N SHALL: 7
(1) COMPLY WITH AND REQU IRE THE OWNER OF THE PROPOSED 8
SOLAR ENERGY GENERATING ST ATION TO COMPLY WITH § 7–207(D) OF THIS 9
SUBTITLE; AND 10
(2), IF THE PROPOSED LOCA TION OF THE SOLAR EN ERGY 11
GENERATING STATION I S IN AN AREA CONSIDE RED TO BE OVERBURDEN ED AND 12
UNDERSERVED , AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE 13
THE PERSON CONSTRUCT ING THE SOLAR ENERGY GENERATING STATION T O HOLD 14
AT LEAST TWO PUBLIC MEETINGS IN THE COMM UNITY WHERE THE SOLA R ENERGY 15
GENERATING STATION I S TO BE LOCATED TO COLLECT COMMUNITY FEEDBACK AND 16
PROVIDE OPPORTUNITIE S TO ADDRESS COMMUNI TY FEEDBACK. 17
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 18
MEETINGS REQUIRED UN DER PARAGRAPH (1) OF THIS SUBSECTION S HALL BE HELD: 19
1. IN THE COUNTY IN WHI CH THE PROPOSED SOLA R 20
ENERGY GENERATING ST ATION IS TO BE LOCAT ED; AND 21
2. WITHIN 10 MILES OF THE PROPOSE D LOCATION OF 22
THE SOLAR ENERGY GEN ERATING STATION . 23
(II) IF THE OWNER OF A PRO POSED SOLAR ENERGY 24
GENERATING STATION C ANNOT FIND A MEETING LOCATION THAT MEETS THE 25
REQUIREMENTS OF SUBP ARAGRAPH (I) OF THIS PARAGRAPH , THE OWNER MAY 26
SELECT AN ALTERNATIV E LOCATION THAT IS A S CLOSE AS PRACTICAB LE TO THE 27
LOCATION OF THE PROP OSED SOLAR ENERGY GE NERATING STATION . 28
(F) (1) AN THIS SUBSECTION DOES NOT APPLY TO AGRIVOL TAICS. 29
(2) EXCEPT AS PROVIDED IN PARAGRAPH (10) OF THIS SUBSECTION , 30
AN OWNER OF A PROPOSED SOLAR ENERGY GENERAT ING STATION: 31
(I) SHALL PROVIDE A BOUN DARY OF 150 FEET BETWEEN THE 32
SOLAR ENERGY GENERAT ING STATION AND ANY OCCUPIED BUILDIN GS OR 33 16 HOUSE BILL 1036
DWELLINGS NOT AFFILI ATED WITH THE SOLAR ENERGY GENERATING ST ATION THE 1
NEAREST W ALL OF A RESIDENTIAL DWELLING; 2
(II) SHALL PROVIDE A BOUN DARY OF 50 100 FEET BETWEEN 3
THE SOLAR ENERGY GEN ERATING STATION AND ANY PARCELS OF LAND NOT 4
AFFILIATED WITH THE SOLAR ENERG Y GENERATING STATION ALL PROPERTY LINES , 5
NOT INCLUDING PROPER TY LINES THAT BISECT THE INTE RIOR OF A PROJECT AR EA; 6
(III) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 7
A. AROUND THE SOLAR ENE RGY GENERATING STATI ON 8
ONLY ON THE INTERIOR OF A LANDSCAPE BUFFE R OR IMMEDIATELY ADJ ACENT TO 9
A SOLAR ENERGY GENER ATING STATION; AND 10
B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; 11
C. THAT IS ONLY BLACK O R GREEN VINYL WIRE M ESH IF 12
THE OWNER PROPOSES T O USE CHAIN LINK FEN CING; AND 13
D. THAT IS NOT LESS THA N 50 FEET AWAY FROM THE 14
EDGE OF ANY PUBLIC R OAD RIGHT–OF–WAY; AND 15
2. MAY USE BARBED WIRE FENCING AROUND THE 16
SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 17
INFRASTRUCTURE ; AND 18
(IV) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 19
VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . IN 20
ACCORDANCE WIT H PARAGRAPH (4) OF THIS SUBSECTION ; 21
(V) EXCEPT FOR EQUIPMENT REQUIRED FOR 22
INTERCONNECTION WITH ELECTRIC SYSTEM INFR ASTRUCTURE , MAY NOT LOCATE 23
ANY SOLAR ARRAY , ANCILLARY EQUIPMENT , OR ACCESSORY BUILDIN GS OR 24
FACILITIES WITHIN A PUBLIC ROAD RIGHT –OF–WAY; 25
(VI) 1. SHALL MITIGATE THE V ISUAL IMPACT OF THE SOLAR 26
ENERGY GENERATING ST ATION ON A PRESERVAT ION AREA, RURAL LEGACY AREA , 27
PRIORITY PRESERVATIO N AREA, PUBLIC PARK , SCENIC RIVER OR BYWA Y, 28
DESIGNATED HERITAGE AREA, OR HISTORIC STRUCTUR E OR SITE LISTED ON OR 29
ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES OR RELEVANT 30
COUNTY REGISTER OF H ISTORIC PLACES; AND 31
2. A. FOR A SOLAR ENERGY G ENERATING STATION 32
THAT HAS THE CAPACIT Y TO PRODUCE MORE TH AN 2 MEGAWATTS OF ELECTRI CITY 33 HOUSE BILL 1036 17
AS MEASURED BY THE A LTERNATING CURRENT OF THE S TATION’S INVERTER, SHALL 1
INCLUDE IN THE APPLI CATION SUBMITTED UND ER SUBSECTION (C)(2) OF THIS 2
SECTION A VIEWSHED A NALYSIS FOR ANY AREA , STRUCTURE, OR SITE SPECIFIED IN 3
ITEM 1 OF THIS ITEM; AND 4
B. FOR A SOLAR ENERGY G ENERATING STATI ON THAT 5
HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 MEGAWATTS OF ELECTRI CITY 6
AS MEASURED BY THE A LTERNATING CURRENT O F THE STATION’S INVERTER, SHALL 7
INCLUDE IN AN APPLIC ATION FOR A SITE DEV ELOPMENT PLAN A VIEW SHED 8
ANALYSIS FOR ANY ARE A, STRUCTURE, OR SITE SPECIFIED IN ITEM 1 OF THIS ITEM; 9
AND 10
(VII) SHALL PROVIDE NOTICE OF EACH PROPOSED SOL AR 11
ENERGY GENERATING ST ATION TO THE EMERGEN CY RESPONSE SERVICES OF EACH 12
COUNTY IN WHICH ANY PORTION OF THE GENER ATING STATION IS TO BE 13
CONSTRUCTED , INCLUDING A MAP OF THE PROPOSED GENERAT ING STATION AND 14
THE PROPOSED LOCATIO N OF ANY SOLAR COLLE CTOR OR ISOLATOR SWI TCH. 15
(2) (3) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A 16
BERM FOR A SOLAR ENE RGY GENERATING STATI ON APPROVED UNDER TH IS 17
SECTION. 18
(3) (4) THE BUFFER OR VEGETATIVE SCREEN ING REQUIRED IN 19
PARAGRAPH (1)(IV) (2)(IV) OF THIS SUBSECTION S HALL: 20
(I) BE NOT MORE THAN 25 FEET IN DEPTH; 21
(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 22
SOLAR ENERGY GENERAT ING SYSTEM; 23
(III) INCLUDE MULTILAYERED , STAGGERED ROWS OF 24
OVERSTORY AND UNDERS TORY TREES; AND 25
(IV) BE PLANTED WITH NOT MORE THAN 10 TREES PER 100 26
LINEAR FEET, WITH A MAXIMUM HEIGH T AT PLANTING OF 6 FEET BE NOT MORE 27
THAN 35 FEET WIDE; 28
(II) BE PROVIDED ALONG : 29
1. ALL PROPERTY LINES ; 30
2. LOCATIONS OF THE EXT ERIOR BOUNDARY FOR T HE 31
SOLAR ENERGY GENERAT ING STATION WHERE EX ISTING WOODED VEGETA TION OF 32
50 FEET OR MORE IN WIDT H DOES NOT EXIST ; OR 33 18 HOUSE BILL 1036
3. AN ALTERNATIVE LOCAT ION WITHIN THE BOUND ARY 1
FOR THE SOLAR ENERGY GENERATING STATION I F THE OWNER DEMONSTR ATES 2
THAT THE ALTERNATIVE LOCATION WOULD MAXIM IZE THE VISUAL SCREE NING; 3
(III) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 4
SOLAR ENERGY GENERAT ING STATION; 5
(IV) BE PLACED BETWEEN AN Y FENCING AND THE PU BLIC VIEW; 6
(V) INCLUDE MULTILAYERED , STAGGERED ROWS OF 7
OVERSTORY AND UNDERS TORY TREES AND SHRUB S THAT: 8
1. ARE A MIXTURE OF EVE RGREEN AND DECIDUOUS 9
VEGETATION; 10
2. ARE PREDOMINANTLY NA TIVE TO THE REGION ; 11
3. ARE MORE THAN 4 FEET IN HEIGHT AT PL ANTING; 12
4. ARE DESIGNED TO PROV IDE SCREENING OR 13
BUFFERING WITHIN 5 YEARS OF PLANTING ; 14
5. MAY NOT BE TRIMMED T O STUNT UPWARD OR 15
OUTWARD GROWTH OR TO OTHERWISE LIMIT THE EFFECTIVENESS OF THE VISUAL 16
SCREEN; 17
6. CONFORM TO THE PLANT SIZE SPECIFICATIONS 18
ESTABLISHED BY THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1); 19
AND 20
7. ARE SPECIFIED IN A L ANDSCAPING PLAN PREP ARED 21
BY A QUALIFIED PROFE SSIONAL LANDSCAPE AR CHITECT; 22
(VI) BE INSTALLED AS EARL Y IN THE CONSTRUCTION PROC ESS 23
AS PRACTICABLE AND B EFORE THE ACTIVATION OF THE PROPOSED SOLA R ENERGY 24
GENERATING STATION ; 25
(VII) PRESERVE TO THE MAXI MUM EXTENT PRACTICAB LE AND 26
SUPPLEMENTED WITH NE W PLANTINGS WHERE NE CESSARY, ANY FOREST OR 27
HEDGEROW THAT EXISTS AT A LOCATION WHERE VISUAL SCREENING OR 28
LANDSCAPE BUFFERING IS REQUIRED; AND 29
HOUSE BILL 1036 19
(VIII) SHALL BE MAINTAINED WITH A 90% SURVIVAL THRESHOLD 1
FOR THE LIFE OF THE SOLAR ENERGY GENERAT ING STATION THROUGH A 2
MAINTENANCE AGREEMEN T THAT INCLUDES A WA TERING PLAN. 3
(4) (5) WITH RESPECT TO THE S ITE ON WHICH A SOLAR ENERGY 4
GENERATING STATION I S PROPOSED FOR CONST RUCTION, THE OWNER OF THE 5
SOLAR ENERGY GENERAT ING STATION: 6
(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 7
POSSIBLE; 8
(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL, BUT MAY 9
MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; 10
(III) TO MAINTAIN SOIL INT EGRITY, SHALL PLANT NATIVE OR 11
NONINVASIVE NATURALI ZED VEGETATION AND OTHER APPROPRIATE VEGETATI VE 12
PROTECTIONS THAT HAV E A 90% SURVIVAL THRESHOLD F OR THE FIRST 3 YEARS OF 13
THE LIFE OF THE SOLAR EN ERGY GENERATING STAT ION; 14
(IV) SHALL LIMIT MOWING A ND OTHER UNNECESSARY 15
LANDSCAPING ; 16
(V) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 17
SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 18
CONTROL PROGRAM; AND 19
(VI) SHALL POST FOR THE F IRST 3 5 YEARS OF THE LIFE OF THE 20
SOLAR ENERGY GENERAT ING STATION A LANDSC APING BOND EQUAL TO 50% 100% 21
OF THE TOTAL LANDSCA PING COST WITH THE C OUNTY IN WHICH THE S OLAR ENERGY 22
GENERATING STATION I S LOCATED. 23
(5) (6) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 24
PARAGRAPH , A LOCAL JURISDICTION SHALL HOLD ANY LANDS CAPING BOND 25
REQUIRED UNDER PARAG RAPH (5)(VI) OF THIS SUBSECTION F OR 5 YEARS. 26
(II) A LOCAL JURISDICTION S HALL RELEASE 50% OF THE 27
LANDSCAPING BOND IF, ON INSPECTION , THE VEGETATIVE PROTE CTIONS MEET A 28
90% SURVIVAL THRESHOLD . 29
(III) FOLLOWING THE RELEASE OF A LANDSCAPING BON D 30
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE REMAINING LANDSC APING 31
BOND SHALL BE HELD F OR AN ADDITIONAL 2 YEARS AND, ON FURTHER INSPECTION 32
AND CONFIRMATION THA T THE VEGETATIVE PRO TECTIONS CONTINUE TO MEET A 33
90% SURVIVAL THRESHOLD , SHALL BE RELEASED . 34 20 HOUSE BILL 1036
(7) EXCEPT AS REQUIRED BY LAW, OR FOR SAFETY OR EME RGENCY, 1
THE SOLAR ENERGY GEN ERATING STATION MAY NOT EMIT VISIBLE LIG HT DURING 2
DUSK TO DAWN OPERATI ONS. 3
(8) (I) THIS PARAGRAPH DOES N OT APPLY TO: 4
1. EQUIPMENT NECESSARY FOR INTERCONNECTION 5
WITH THE ELECTRIC SY STEM; OR 6
2. SOLAR ENERGY GENERAT ING STATIONS LOCATED ON 7
LAND THAT IS ALSO US ED FOR AGRICULTURAL PURPOSES. 8
(II) A PROPOSED SOLAR ENERG Y GENERATING STATION AND 9
ANY ACCESSORY STRUCT URES ASSOCIATED WITH THE STATION MUST HAV E AN 10
AVERAGE HEIGHT OF NO T MORE THAN 15 FEET. 11
(9) SETBACKS FOR SOLAR EN ERGY GENERATING STAT IONS: 12
(I) SHALL BE MEASURED FR OM THE PROPER TY BOUNDARY TO 13
THE NEAREST SOLAR AR RAY OR ACCESSORY EQU IPMENT, BUILDINGS, OR 14
FACILITIES THAT GENE RATE, MAINTAIN, OPERATE, MANAGE, DISTRIBUTE, AND 15
TRANSMIT ELECTRICITY ; AND 16
(II) MAY NOT APPLY TO ANY INTERCONNECTION TIE LINE OR 17
FACILITY THAT CONNEC TS A SOLAR ENERGY GENERATI NG STATION TO THE 18
ELECTRIC SYSTEM . 19
(10) (I) THE OWNER OF A PROPOS ED SOLAR ENERGY GENE RATING 20
STATION MAY PROVIDE TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 21
DOCUMENTATION OF A S ITING AGREEMENT : 22
1. ENTERED INTO WITH TH E COUNTY IN WHICH TH E 23
PROPOSED SOLAR ENERG Y GENERATING STATION IS TO BE LOCATED; AND 24
2. THAT PROVIDES LESS S TRINGENT RESTRICTION S 25
THAN THOSE SPECIFIED UNDER THIS SUBSECTIO N. 26
(II) IF A PROPOSED SOLAR E NERGY GENERATING STA TION 27
PROVIDES TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 28
DOCUMENTATION IN ACC ORDANCE WITH SUBPARA GRAPH (I) OF THIS PARAGRAPH , 29
THE PROPOSED SOLAR E NERGY GENERATING STA TION SHALL BE CONSID ERED AS 30
MEETING THE REQUIREM ENTS OF THIS SUBSECT ION. 31
HOUSE BILL 1036 21
(G) AN OWNER OF A SOLAR ENERGY GENER ATING STATION: 1
(1) SHALL ENTER INTO A D ECOMMISSIONING AGREE MENT WITH THE 2
COMMISSION ON A FORM THAT THE COMMISSION PROVIDES ; 3
(2) SHALL POST A SURETY BOND WITH THE COMMISSION FOR NOT 4
MORE THAN 100% 125% OF THE ESTIMATED FUTURE COST OF DECOMMISSIONING 5
THE SOLAR ENERGY GEN ERATING STATION AND ITS RELATED INFRASTR UCTURE, 6
LESS ANY SALVAGE VAL UE; AND 7
(3) SHALL EXECUTE A SECU RITIZATION BOND TRUE –UP EVERY 5 8
YEARS. 9
(H) (1) A EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS 10
SUBSECTION, A LOCAL JURISDICTION M AY NOT: 11
(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 12
THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF SOLAR ENERGY 13
GENERATING STATIONS ; OR 14
(II) DENY SITE DEVELOPMEN T PLANS FOR SOLAR EN ERGY 15
GENERATING STATIONS THAT MEET THE REQUIREMENTS OF SUBSECTION (F) OF 16
THIS SECTION. 17
(2) A LOCAL JURISDICTION S HALL: 18
(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 19
DEVELOPMENT PLANS FO R SOLAR ENERGY GENER ATING STATIONS IF TH OSE PLANS 20
MEET THE REQUIREMENT S OF THIS SECTION; AND 21
(II) FOR SOLAR ENERGY GEN ERATING STATIONS WIT H A 22
GENERATING CAPACITY OF NOT MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 23
ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 24
INVERTER, PROCESS THE SITE DEV ELOPMENT PLAN APPLIC ATION AS A PERMITTED 25
USE SUBJECT TO THE R EVIEW STANDARDS IN § 4–205 OF THE LAND USE ARTICLE. 26
(3) A GROUND MOUNTED SOLAR ENERGY GENERATING ST ATION WITH 27
A GENERATING CAPACIT Y OF MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 28
ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING STATION ’S 29
INVERTER, MAY NOT BE LOCATED O N ANY LOT, PARCEL, OR TRACT OF LAND THA T, 30
AS OF JANUARY 1, 2025, IS LOCATED WITHIN : 31
(I) A TIER 1 OR TIER 2 MAPPED LOCALLY DESIG NATED 32
GROWTH AREA ADOPTED UNDER § 1–506 OF THE LAND USE ARTICLE; 33 22 HOUSE BILL 1036
(II) A MEDIUM DENSITY RES IDENTIAL AREA OR HIG H DENSITY 1
RESIDENTIAL AREA , AS DEFINED IN § 5–1601 OF THE NATURAL RESOURCES 2
ARTICLE; OR 3
(III) A MIXED–USE AREA WITH A RESI DENTIAL COMPONENT . 4
(4) (I) THE TOTAL COMBINED NU MBER OF SOLAR ENERGY 5
GENERATING STATION S THAT MAY BE APPROV ED FOR CONSTRUCTION IN A 6
PRIORITY PRESERVATIO N AREA THAT WAS ESTA BLISHED BEFORE JANUARY 1, 2025, 7
SHALL: 8
1. BE LIMITED IN AREA T O 5% OF THE TOTAL ACREAGE 9
OF THE PRIORITY PRES ERVATION AREA ; 10
2. BE LOCATED IN THE PR OJECT AREA WITHIN TH E 11
PRIORITY PRESERVATIO N AREA; AND 12
3. MEET ALL REQUIREMENT S UNDER THIS SECTION . 13
(II) THE PROHIBITIONS IN P ARAGRAPH (1) OF THIS 14
SUBSECTION DO NOT AP PLY TO THE REMAINING 95% OF A PRIORITY PRESER VATION 15
AREA ONCE THE 5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH 16
HAS BEEN ACHIEVED FO R THE PRIORITY PRESE RVATION AREA . 17
(III) A COUNTY SHALL REPORT TO THE COMMISSION WHEN THE 18
5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH HA S BEEN 19
ACHIEVED FOR A PRI ORITY PRESERVATION A REA. 20
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 21
SOLAR ENERGY GENERAT ING STATION IS EXEMP T FROM PERSONAL AND REAL 22
PROPERTY TAXES . 23
(2) A SOLAR ENERGY GENERAT ING STATION MAY BE R EQUIRED BY A 24
LOCAL JURISDICTION TO MAKE A PAYMENT IN LIEU OF TAXES UP TO $5,000 PER 25
MEGAWATT OF ENERGY G ENERATED FROM THE SO LAR ENERGY GENERATIN G 26
STATION. 27
(J) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO ADD ANY 28
ADDITIONAL LIMITATIO NS TO THE AUTHORITY OF THE COMMISSION IN THE 29
APPROVAL P ROCESS FOR AN APPLIC ATION FOR A CERTIFIC ATE OF PUBLIC 30
CONVENIENCE AND NECE SSITY. 31
7–219. 32 HOUSE BILL 1036 23
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “ENERGY STORAGE DEVICE ” HAS THE MEANING STAT ED IN § 3
7–216 OF THIS SUBTITLE . 4
(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 5
CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 6
(B) A PERSON MAY NOT BEGIN CONSTRUCTION OF AN A 7
FRONT–OF–THE–METER ENERGY STORAGE DEVIC E UNLESS THE CONSTRU CTION 8
HAS BEEN APPROVED BY THE COMMISSION IN ACCORDANCE WITH REGULATIONS 9
ADOPTED UNDER THIS SECTION. 10
(C) ON RECEIPT OF AN APPL ICATION FOR APPROVAL OF THE 11
CONSTRUCTION OF ENERGY STORAGE DEVIC ES A FRONT–OF–THE–METER ENERGY 12
STORAGE DEVICE UNDER THIS SECTION , THE COMMISSION SHALL PROV IDE 13
IMMEDIATE NOTI CE OR REQUIRE THE AP PLICANT TO PROVIDE I MMEDIATE NOTICE 14
OF THE APPLICATION T O: 15
(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 16
CORPORATION IN WHICH ANY PORTION OF THE E NERGY STORAGE DEVICE IS 17
PROPOSED TO BE CONST RUCTED; 18
(2) THE GOVERNING BODY O F EACH COUNTY OR MUNICI PAL 19
CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 20
STORAGE DEVICE ; 21
(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 22
PART OF A COUNTY IN WHICH ANY PORTION OF THE ENERGY STORAGE D EVICE IS 23
PROPOSED TO BE CONST RUCTED; 24
(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 25
PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOS ED LOCATION OF THE E NERGY 26
STORAGE DEVICE ; AND 27
(5) THE RESIDENTS AND OWNERS OF PROPERTY THAT IS AFFECTED 28
COMMUNITIES THAT ARE WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE 29
ENERGY STORAGE DEVIC E. 30
(D) WHEN REVIEWING AN APP LICATION FOR APPROVA L UNDER THIS 31
SECTION, THE COMMISSION SHALL : 32
24 HOUSE BILL 1036
(1) IF THE PROJECT WILL STORE MORE THAN 100 KILOWATTS, 1
COMPLY WITH AND REQU IRE THE APPLICANT TO COMPLY WITH § 7–207(D) OF THIS 2
SUBTITLE; 3
(2) IF THE PROPOSED LOCA TION OF THE FRONT–OF–THE–METER 4
ENERGY STORAGE DEVIC E IS IN AN AREA CONSIDERE D TO BE OVERBURDENED AND 5
UNDERSERVED , AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE 6
THE APPLICANT TO HOL D AT LEAST TWO PUBLI C MEETINGS IN THE CO MMUNITY 7
WHERE THE ENERGY STO RAGE DEVICE IS TO BE LOCATED; AND 8
(3) (2) EXEMPT AN A FRONT–OF–THE–METER ENERGY STORAGE 9
DEVICE THAT IS LOCATED WITHIN THE B OUNDARIES OF AN EXIS TING ELECTRICITY 10
GENERATING STATION F ROM THE MEETING REQU IREMENTS OF THIS SUB SECTION. 11
(E) (1) AN OWNER OF A PROPOSE D FRONT–OF–THE–METER ENERGY 12
STORAGE DEVICE THAT WILL NOT BE CONST RUCTED AT A COMMERCIAL OR 13
INDUSTRIAL LOCATION : 14
(I) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 15
A. AROUND THE ENERGY ST ORAGE DEVICE ; AND 16
B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; AND 17
2. MAY USE BARBED WIRE FENCING AROUN D THE 18
SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 19
INFRASTRUCTURE ; AND 20
(II) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 21
VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . 22
(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 23
FOR AN A FRONT–OF–THE–METER ENERGY STORAGE DEVIC E APPROVED UNDER 24
THIS SECTION. 25
(3) THE BUFFER REQUIRED I N PARAGRAPH (1)(II) OF THIS 26
SUBSECTION SHALL : 27
(I) BE NOT MORE THAN 25 FEET IN DEPTH; AND 28
(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 29
FRONT–OF–THE–METER ENERGY STORAGE DEVIC E. 30
HOUSE BILL 1036 25
(4) WITH RESPECT TO THE S ITE ON WHICH AN A 1
FRONT–OF–THE–METER ENERGY STORAGE DEVIC E IS PROPOSED FOR 2
CONSTRUCTION , THE OWNER OF THE ENE RGY STORAGE DEVICE : 3
(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 4
POSSIBLE; 5
(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 6
MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; AND 7
(III) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 8
SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 9
CONTROL PROGRAM . 10
(F) (1) A LOCAL JURISDICTION M AY NOT: 11
(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 12
THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF FRONT–OF–THE–METER 13
ENERGY STORAGE DEVIC ES; OR 14
(II) DENY SITE DEVELOPMEN T PLANS FOR 15
FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES THAT MEET THE 16
REQUIREMENTS OF SUBS ECTION (E) OF THIS SECTION. 17
(2) A LOCAL JURISDICTION S HALL: 18
(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 19
DEVELOPMENT PLANS FO R FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES IF 20
THOSE PLANS MEET THE REQUIREMENTS OF THIS SECTION; AND 21
(II) ADOPT STANDARD PROCE SSES FOR THE REVIEW AND 22
APPROVAL OF SITE DEV ELOPMENT PLANS FOR T HE CONSTRUCTION OF 23
FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES. 24
(G) THE COMMISSION MAY WAIVE O R MODIFY THE REQUIRE MENTS UNDER 25
SUBSECTIONS (C), (D), AND (E) OF THIS SECTION FOR GOOD CAUSE. 26
(H) THE COMMISSION SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 27
SECTION. 28
7–306.2. 29
(a) (1) In this section the following words have the meanings indicated. 30
(2) (I) “Agrivoltaics” means the simultaneous use of areas of land: 31 26 HOUSE BILL 1036
1. THAT ARE MAINTAINED IN AGRICULTURAL USE IN 1
ACCORDANCE WITH COMAR 18.02.03 OR THE MARYLAND ASSESSMENT 2
PROCEDURES MANUAL; AND 3
2. for both solar power generation and: 4
(i) A. raising grains, fruits, herbs, melons, mushrooms, nuts, 5
seeds, tobacco, or vegetables; 6
(ii) B. raising poultry, including chickens and turkeys, for meat 7
or egg production; 8
(iii) C. dairy production, such as the raising of milking cows; 9
(iv) D. raising livestock, including cattle, sheep, goats, or pigs; 10
(v) E. horse boarding, breeding, or training; 11
(vi) F. turf farming; 12
(vii) G. raising ornamental shrubs, plants, or flowers, including 13
aquatic plants; 14
(viii) H. aquaculture; 15
(ix) I. silviculture; or 16
(x) J. any other activity recognized by the Department of 17
Agriculture as an agricultural activity UNDER COMAR 18.02.03 OR THE MARYLAND 18
ASSESSMENT PROCEDURES MANUAL. 19
(II) “AGRIVOLTAICS” DOES NOT IN CLUDE THE SIMULTANEO US 20
USE OF AREAS OF LAND FOR BOTH SOLAR POWER GENERATION AND : 21
1. APIARIES; OR 22
2. POLLINATOR HABITAT . 23
(3) “AUTOMATIC ENROLLMENT PROJECT” MEANS A COMMUNITY 24
SOLAR ENERGY GENERAT ING SYSTEM: 25
(I) IN WHICH ALL OR A PO RTION OF THE SUBSCRIBERS ARE 26
AUTOMATICALLY ENROLL ED; AND 27
HOUSE BILL 1036 27
(II) 1. THAT IS OWNED AND OP ERATED BY A LOCAL 1
GOVERNMENT ; OR 2
2. FOR WHICH A LOCAL GO VERNMENT OR ITS DESI GNEE 3
SERVES AS THE SUBSCR IPTION COORDINATOR . 4
(4) (3) “Baseline annual usage” means: 5
(i) a subscriber’s accumulated electricity use in kilowatt–hours for 6
the 12 months before the subscriber’s most recent subscription; or 7
(ii) for a subscriber that does not have a record of 12 months of 8
electricity use at the time of the subscriber’s most recent subscription, an estimate of the 9
subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 10
manner the Commission approves. 11
[(4)] (5) “Community solar energy generating system” means a solar 12
energy system that: 13
(i) is connected to the electric distribution [grid] SYSTEM serving 14
the State; 15
(ii) is located in the same electric service territory as its subscribers; 16
(iii) is attached to the electric meter of a subscriber or is a separate 17
facility with its own electric meter; 18
(iv) credits its generated electricity, or the value of its generated 19
electricity, to the bills of the subscribers to that system through virtual net energy 20
metering; 21
(v) has at least two subscribers but no limit to the maximum number 22
of subscribers; 23
(vi) does not have subscriptions larger than 200 kilowatts 24
constituting more than 60% of its kilowatt–hour output; 25
(vii) has a generating capacity that does not exceed 5 megawatts as 26
measured by the alternating current rating of the system’s inverter; 27
(viii) may be owned by any person; and 28
(ix) with respect to community solar energy generating systems 29
constructed under the Program, serves at least 40% of its kilowatt–hour output to LMI 30
subscribers unless the solar energy system is wholly owned by the subscribers to the solar 31
energy system. 32 28 HOUSE BILL 1036
[(5)] (6) “Consolidated billing” means a payment mechanism that 1
requires an electric company to, at the request of a subscriber organization or subscription 2
coordinator: 3
(i) include the monthly subscription charge of a subscriber 4
organization or subscription coordinator on the monthly bills rendered by the electric 5
company for electric service and supply to subscribers; and 6
(ii) remit payment for those charges to the subscriber organization 7
or subscription coordinator. 8
[(6)] (7) “Critical area” has the meaning stated in § 8–1802 of the Natural 9
Resources Article. 10
[(7)] (8) “LMI subscriber” means a subscriber that: 11
(i) is low–income; 12
(ii) is moderate–income; or 13
(iii) resides in a census tract that is [an]: 14
1. AN overburdened community; and 15
2. AN underserved community. 16
(9) “LOCAL GOVERNMENT ” MEANS: 17
(I) A COUNTY; OR 18
(II) A MUNICIPAL CORPORAT ION. 19
[(8)] (10) “Low–income” means: 20
(i) having an annual household income that is at or below 200% of 21
the federal poverty level; or 22
(ii) being certified as eligible for any federal, State, or local 23
assistance program that limits participation to households whose income is at or below 24
200% of the federal poverty level. 25
[(9)] (11) “Moderate–income” means having an annual household income 26
that is at or below 80% of the median income for Maryland. 27
HOUSE BILL 1036 29
[(10)] (12) “Overburdened community” has the meaning stated in § 1–701 1
of the Environment Article. 2
[(11)] (13) “Pilot program” means the program established under this 3
section before July 1, 2023, and effective until the start of the Program established under 4
subsection (d)(20) of this section. 5
[(12)] (14) “Program” means the Community Solar Energy Generating 6
Systems Program. 7
[(13)] (15) “Queue” means: 8
(i) the pilot program queue an electric company is required to 9
maintain under COMAR 20.62.03.04; and 10
(ii) a queue an electric company may be required to maintain under 11
the Program. 12
[(14)] (16) “Subscriber” means a retail customer of an electric company that: 13
(i) holds a subscription to a community solar energy generating 14
system; and 15
(ii) has identified one or more individual meters or accounts to which 16
the subscription shall be attributed. 17
[(15)] (17) “Subscriber organization” means: 18
(i) a person that owns or operates a community solar energy 19
generating system; or 20
(ii) the collective group of subscribers of a community solar energy 21
generating system. 22
[(16)] (18) “Subscription” means the portion of the electricity generated by 23
a community solar energy generating system that is credited to a subscriber. 24
[(17)] (19) “Subscription coordinator” means a person that: 25
(i) markets community solar energy generating s ystems or 26
otherwise provides services related to community solar energy generating systems under 27
its own brand name; 28
(ii) performs any administrative action to allocate subscriptions, 29
connect subscribers with community solar energy generating systems, or enroll customers 30
in the Program; or 31 30 HOUSE BILL 1036
(iii) manages interactions between a subscriber organization and an 1
electric company or electricity supplier relating to subscribers. 2
[(18)] (20) “Underserved community” has the meaning stated in § 1–701 of 3
the Environment Article. 4
[(19)] (21) “Unsubscribed energy” means any community solar energy 5
generating system output in kilowatt–hours that is not allocated to any subscriber. 6
[(20)] (22) “Virtual net energy metering” means measurement of the 7
difference between the kilowatt–hours or value of electricity that is supplied by an electric 8
company and the kilowatt–hours or value of electricity attributable to a subscription to a 9
community solar energy generating system and fed back to the electric grid over the 10
subscriber’s billing period, as calculated under the tariffs established under subsections 11
(e)(2), (f)(2), and (g)(2) of this section. 12
(c) A community solar energy generating system, subscriber, subscriber 13
organization, or subscription coordinator is not: 14
(1) an electric company; 15
(2) an electricity supplier; or 16
(3) a generating station if: 17
(I) the generating capacity of the community solar energy 18
generating system does not exceed 2 megawatts; OR 19
(II) THE COMMUNITY SOLAR ENERGY GENERAT ING SYSTEM IS 20
LOCATED ON THE ROOFT OP OF A BUILDING . 21
(d) (7) (I) Any unsubscribed energy generated by a community solar energy 22
generating system that is not owned by an electric company shall CREATE BANKED BILL 23
CREDITS TRACKED BY T HE ELECTRIC COMPANY THAT, WITHIN 1 YEAR AFTER THE 24
DATE THAT THE BANKED BILL CREDIT WAS CREA TED, MAY BE ALLOCATED TO ONE 25
OR MORE SUBSCRIBERS BY THE SUBSCRIBER OR GANIZATION OR SUBSCR IPTION 26
COORDINATOR ASSOCIAT ED WITH THE COMMUNIT Y SOLAR ENERGY GENER ATING 27
SYSTEM. 28
(II) THE GENERA TION ASSOCIATED WITH A BANKED BILL 29
CREDIT NOT ALLOCATED TO A SUBSCRIBER WITH IN 1 YEAR AFTER THE DATE THAT 30
THE BANKED BILL CRED IT WAS CREATED SHALL be purchased under the electric 31
company’s process for purchasing the output from qualifying facilities at the amount it 32
would have cost the electric company to procure the energy. 33 HOUSE BILL 1036 31
(O) (1) A LOCAL GOVERNMENT MAY ESTABLISH A COMMUNIT Y SOLAR 1
AUTOMATIC ENROLLMENT PROGRAM BY SUBMITTIN G TO THE COMMISSION A LOCAL 2
LAW, A CONTRACT, OR AN ADMINISTRATIVE APPROVAL THAT : 3
(I) STATES WHETHER : 4
1. THE LOCAL GOVERNMENT WILL OWN AND OPERATE 5
ONE OR MORE AUTOMATI C ENROLLMENT PROJECT S; OR 6
2. THE LOCAL GOVERNMENT OR ITS DESIGNEE WILL 7
SERVE AS THE SUBSCRI PTION COORDINATOR FO R ONE OR MORE AUTOMA TIC 8
ENROLLMENT PROJECTS OWNED BY A THIRD PARTY ; AND 9
(II) DESCRIBES THE MECHAN ISM BY WHICH THE LOC AL 10
GOVERNMENT INTENDS T O ENROLL CUSTOMERS . 11
(2) AN AUTOMATIC ENROLLME NT PROJECT SHALL UTI LIZE 12
CONSOLIDATED BILLING AND PROVIDE A GUARAN TEED BILL CREDIT DIS COUNT TO 13
AUTOMATIC ENROLLMENT SUBSCRIBE RS. 14
(3) A LOCAL GOVERNMENT MAY CONTRACT WITH A DESI GNEE TO 15
IDENTIFY AND MANAGE THE SUBSCRIPTIONS TO AN AUTOMATIC ENROLLM ENT 16
PROJECT. 17
(4) A LOCAL GOVERNMENT OR ITS DESIGNEE SHALL B E RESPONSIBLE 18
FOR IDENTIFYING THE CUSTOMERS THAT WILL BE AUTOMATICALL Y ENROLLED FOR 19
A SUBSCRIPTION TO TH E AUTOMATIC ENROLLME NT PROJECT, SUBJECT TO THE 20
FOLLOWING CONDITIONS : 21
(I) AUTOMATIC ENROLLMENT SUBSCRIBERS MUST BE 22
RESIDENTIAL CUSTOMER S, INCLUDING CUSTOMERS RESIDING IN MULTIFAM ILY 23
DWELLING UNITS ; 24
(II) AT LEAST 51% OF AUTOMATIC ENROLLM ENT SUBSCRIBERS 25
MUST BE LMI SUBSCRIBERS ; 26
(III) ALL CUSTOMERS SELECT ED TO BE AUTOMATICAL LY 27
ENROLLED AS SUBSCRIB ERS TO THE AUTOMATIC ENROLLMENT PROJECT M UST BE 28
WITHIN THE SERVICE T ERRITORY OF THE ELEC TRIC COMPA NY WHERE THE 29
AUTOMATIC ENROLLMENT PROJECT IS LOCATED ; 30
(IV) SUBSCRIBERS MAY DECL INE OR OPT OUT FROM A 31
SUBSCRIPTION TO THE AUTOMATIC ENROLLMENT PROJECT AT ANY TIME ; 32 32 HOUSE BILL 1036
(V) AUTOMATIC ENROLLMENT SUBSCRIBERS MAY SUBM IT A 1
REQUEST TO OPT OUT O F A SUBSCRIPTIO N BY PHONE, IN WRITING, OR ONLINE 2
THROUGH A WEBSITE MA INTAINED BY THE LOCA L GOVERNMENT OR ITS DESIGNEE; 3
AND 4
(VI) A LOCAL GOVERNMENT M AY NOT CHARGE A FEE OR 5
PENALTY FOR ENROLLME NT IN OR EXITING FRO M AN AUTOMATIC ENROL LMENT 6
PROJECT. 7
(5) A LOCAL GOVERNMENT OR ITS DE SIGNEE MAY VERIFY TH E 8
INCOME OF A PROSPECT IVE SUBSCRIBER FOR E LIGIBILITY AS AN LMI SUBSCRIBER 9
USING ONE OF THE FOL LOWING METHODS : 10
(I) THE LOCATION OF THE PROSPECTIVE SUBSCRIB ER IN AN 11
OVERBURDENED COMMUNI TY OR UNDERSERVED CO MMUNITY; 12
(II) A FORM OF VERIFICATI ON AUTHORIZED UNDER 13
SUBSECTION (F)(1)(IV) OF THIS SECTION; OR 14
(III) ANY OTHER METHOD SEL ECTED BY THE LOCAL 15
GOVERNMENT . 16
(6) AT LEAST 90 DAYS BEFORE SUBSCRIB ERS BEGIN RECEIVING 17
THEIR FIRST BILL CRE DITS, A LOCAL GOVERNMENT OR ITS DESIGNEE SHAL L 18
PROVIDE WRITTEN NOTI CE OF THE AUTOMATIC ENROLLMENT TO ALL SE LECTED 19
SUBSCRIBERS VIA DELI VERY BY THE U.S. POSTAL SERVICE. 20
(7) THE NOTICE REQUIRED I N PARAGRAPH (6) OF THIS SUBSECTION 21
SHALL INCLUDE : 22
(I) A STATEMENT THAT THE LOCAL GOVERNMENT HAS 23
ESTABLISHED AN AUTOM ATIC ENROLLMENT PROJ ECT; 24
(II) A STATEMENT THAT THE PROSPECTIVE SUBSCRIB ER HAS 25
THE RIGHT TO OPT OUT OF THE AUTOMATIC ENR OLLMENT PROJECT AT A NY TIME, 26
BUT IF NO OPT–OUT REQUEST IS RECEI VED, THE PROSPECTIVE SUBS CRIBER WILL 27
BE AUTOMATICALLY ENR OLLED IN THE AUTOMAT IC ENROLLMENT PROJEC T; 28
(III) AN EXPLANATION OF TH E CONSOLIDATED BILLI NG 29
PROCEDURES OF THE AU TOMATIC ENROLLMENT P ROJECT; 30
(IV) DETAILED INSTRUCTION S ON HOW TO SUBMIT A N OPT–OUT 31
REQUEST; AND 32 HOUSE BILL 1036 33
(V) A CONTACT NAME, PHONE NUMBER , AND E–MAIL ADDRESS 1
FOR SUBSCRIBER INQUI RIES AND COMPLAINTS . 2
(8) AN ELECTRIC COMPANY S HALL FACILITATE THE ESTABLISHMENT 3
OF AN AUTOMATIC ENRO LLMENT PROJECT FOR W HICH A LOCAL GOVERNM ENT HAS 4
SUBMITTED THE INFORM ATION REQUIRED UNDER PARAGRAPH (1) OF THIS 5
SUBSECTION BY : 6
(I) PROVIDING ACCESS TO : 7
1. THE HISTORIC BILLING USAGE OF CUSTOMERS T HAT 8
MAY BE AUTOMATICALLY ENROLLED IN THE AUTO MATIC ENROLLMENT PRO JECT; 9
2. POINT–OF–SERVICE DELIVERY FOR CUSTOMERS 10
THAT MAY BE AUTOMATI CALLY ENROLLED IN THE AUTO MATIC ENROLLMENT 11
PROJECT; 12
3. PARTICIPATION IN ENE RGY ASSISTANCE PROGR AMS; 13
4. SUBSCRIPTIONS TO COM MUNITY SOLAR ENERGY 14
GENERATING SYSTEMS ; 15
5. ACCOUNT NUMBERS FOR CUSTOMERS THAT MAY B E 16
AUTOMATICALLY ENROLL ED IN THE AUTOMATIC ENROLLMENT PROJECT , IF 17
APPLICABLE; AND 18
6. ANY OTHER REASONABLE INFORMATION REQUIRED 19
BY THE LOCAL GOVERNM ENT OF ITS DESIGNEE TO ENROLL CUSTOMERS IN AN 20
AUTOMATIC ENROLLMENT PROJECT; AND 21
(II) ENROLLING THE CUSTOM ERS IDENTIFIED BY TH E LOCAL 22
GOVERNMENT OR ITS DE SIGNEE AS SUBSCRIBER S TO AN AUTOMATIC EN ROLLMENT 23
PROJECT AT THE SUBSC RIPTION SIZE IDENTIF IED BY THE LOCAL GOV ERNMENT OR 24
ITS DESIGNEE. 25
(9) THE ENROLLMENT AND MA NAGEMENT OF AUTOMATI C 26
ENROLLMENT SUBSCRIBE RS TO AN AUTOMATIC E NROLLMENT PR OJECT IS NOT 27
SUBJECT TO COMAR 20.62.05. 28
7–320. 29
(A) THIS SECTION APPLIES ONLY TO RESIDENTIAL ROOFTOP SOLAR 30
ENERGY GENERATING SY STEMS. 31 34 HOUSE BILL 1036
(B) A SELLER OR LESSOR OF RESIDENTIAL ROOFTOP SOLAR ENERGY 1
GENERATING SYSTEMS S HALL: 2
(1) PROVIDE TO THE BUYER OR LESSEE A 5–YEAR FULL WARRANTY 3
ON THE INSTALLATION AND COMPONENT PARTS OF THE SYSTEM; 4
(2) INCLUDE ANY MANUFACT URER’S WARRANTIES FOR ANY OF THE 5
PRODUCTS OR COMPONEN TS OF THE SYSTEM ; 6
(3) INFORM THE BUYER OR LESSEE OF THE MINIMU M LEVEL OF 7
WEATHER–ADJUSTED ENERGY PRODUCTION TH E BUYER OR LESSEE MA Y EXPECT 8
FROM THE SYSTEM ; AND 9
(4) CERTIFY, IN WRITING, THAT INSTALLATION OF THE SYSTEM IS 10
COMPLIANT WITH ALL F EDERAL, STATE, AND LOCAL LAWS REGAR DING 11
WORKMANSHIP AND THAT THE SOLAR PANELS , INVERTERS, RACKING SYSTE MS, AND 12
ALL OTHER COMPONENTS MEET THE MINIMUM STA NDARDS FOR PRODUCT D ESIGN. 13
(C) THE COMMISSION AND THE MARYLAND ENERGY ADMINISTRATION 14
MARYLAND DEPARTMENT OF LABOR SHALL: 15
(1) DEVELOP TECHNICAL SAFETY STA NDARDS A SPECIAL SOLAR 16
CONTRACTOR LICENSE FOR THE INSTALLATION AND MAI NTENANCE OF 17
RESIDENTIAL ROOFTOP SOLAR ENERGY GENERAT ING SYSTEMS; AND 18
(2) ESTABLISH MINIMUM QU ALIFICATIONS FOR IND IVIDUALS 19
INSTALLING AND MAINT AINING RESIDENTIAL R OOFTOP SOLAR ENERGY 20
GENERATING SYSTEMS . 21
(D) A SELLER OR LESSOR WHO VIOLATES THE REQUIREM ENTS OF THIS 22
SECTION SHALL PAY A FINE NOT EXCEEDING $1,000 FOR EACH VIOLATION . 23
Article – State Government 24
9–2017. 25
(A) ON OR BEFORE DECEMBER 1, 2025, TO ASSIST THE STATE IN MEETING 26
ITS SOLAR ENERGY COM MITMENTS UNDER TITLE 7, SUBTITLE 7 OF THE PUBLIC 27
UTILITIES ARTICLE, THE DEPARTMENT OF NATURAL RESOURCES, IN 28
CONSULTATION WITH TH E MARYLAND ENERGY ADMINISTRATION , THE 29
DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, SHALL 30
UPDATE THE PUBLICLY AVAILABLE SMARTDG+ TOOL TO INCLUDE STATE–OWNED 31
LAND SUITABLE FOR SO LAR ENERGY DEVELOPME NT. 32 HOUSE BILL 1036 35
(B) ON OR BEFORE DECEMBER 1, 2026, THE DEPARTMENT OF NATURAL 1
RESOURCES, IN CONSULTATION WITH THE MARYLAND ENERGY ADMINISTRATION , 2
THE DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, 3
SHALL ANALYZE LAND OWN ED BY THE STATE TO IDENTIFY LAN D SUITABLE FOR 4
SOLAR ENERGY DEVELOP MENT TO ASSIST THE STATE IN MEETING ITS SOLAR 5
ENERGY COMMITMENTS U NDER TITLE 7, SUBTITLE 7 OF THE PUBLIC UTILITIES 6
ARTICLE. 7
SECTION 2. AND BE IT FURTHER ENACTED, That: 8
(a) The Public Service Commission shall conduct a study to establish a process by 9
which the Commission may establish power purchase agreements, partnerships between 10
electric companies and electricity suppliers, or other procurement models for electricity 11
generation projects. 12
(b) The process established under subsection (a) of this section shall: 13
(1) include a method for determining whether a partnership for a 14
generating station any of the procurement models specified in subsection (a) of this section 15
will contribute to resource adequacy by increasing by 100 megawatts or more the electricity 16
supply in the State that is accredited by PJM Interconnection, LLC; 17
(2) require that a generating station constructed by a partnership under 18
any of the procurement models specified in subsection (a) of this section be connected to the 19
electric distribution system in the State; 20
(3) require that the an electricity supplier in a partnership with an electric 21
company construct the generating station; 22
(4) require that the an electricity supplier and electric company in a 23
partnership using a procurement model specified in subsection (a) of this section jointly 24
seek and receive a positive credit rating assessment from a credit rating agency; 25
(5) require that the Public Service Commission expedite all proceedings for 26
the review and approval of a certificate of public convenience and necessity for a generating 27
station proposed by a partnership under any of the procurement models specified in 28
subsection (a) of this section and prioritize these proceedings, if necessary, over other 29
matters; 30
(6) require that the Public Service Commission take final action on a 31
certificate of public convenience and necessity for a generating station proposed by a 32
partnership under any of the procurement models specified in subsection (a) of this section 33
not later than 180 days after the Public Service Commission determines that the generating 34
station qualifies as a partnership to procurement model will provide resource adequacy; 35
36 HOUSE BILL 1036
(7) require a State agency or other person to submit any filing to intervene 1
in an application for a certificate of public convenience and necessity for a generating 2
station proposed by a partnership under any of the procurement models specified in 3
subsection (a) of this section no later than 90 days after the Public Service Commission 4
determines that the proposed generating station qualifies as a partnership to procurement 5
model will provide resource adequacy; 6
(8) require the Public Service Commission, the Department of the 7
Environment, the Department of Natural Resources, and any other impacted State agency 8
to expedite any regulatory requirements or decisions; 9
(9) require an electric company to expedite any processes needed to connect 10
a generating station proposed by a partnership under any of the procurement models 11
specified in subsection (a) of this section to the electric transmission system; and 12
(10) identify the potential rate impact and prioritize potential partnerships 13
procurement models specified in subsection (a) of this section that have little or no impact 14
on customer rates. 15
(c) On or before December 1, 2026, the Public Service Commission shall report to 16
the Governor and, in accordance with § 2–1257 of the State Government Article, the 17
General Assembly on the results of the study. 18
SECTION 3. AND BE IT FURTHER ENACTED, That a presently existing obligation 19
or contract right may not be impaired in any way by this Act. 20
SECTION 4. AND BE IT FURTHER ENACTED, That: 21
(a) The Public Service Commission shall conduct a study on the feasibility of and 22
technical barriers to establishing within the Commission a community solar automatic 23
enrollment program for local jurisdictions. 24
(b) In conducting the study under subsection (a) of this section, the Commission 25
shall consider: 26
(1) how low– to moderate–income subscribers would be subscribed under 27
the program; 28
(2) whether subscribers automatically enrolled in the program should 29
receive a bill credit; 30
(3) how to ensure that local jurisdictions comply with all parameters of the 31
program; and 32
(4) any necessary notification requirements and consumer protections that 33
the program should have. 34
HOUSE BILL 1036 37
(c) On or before July 1, 2026, the Public Service Commission shall report to the 1
Governor and, in accordance with § 2–1257 of the State Government Article, the General 2
Assembly on the results of the study. 3
SECTION 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not 4
be applied or interpreted to have any effect on or application to the construction or 5
modification of a solar energy generating system that was submitted for a certificate of 6
public convenience and necessity from the Public Service Commission or a required permit 7
from a local government before July 1, 2025. 8
SECTION 6. AND BE IT FURTHER ENACTED, That the meeting and notification 9
requirements that a proposed solar energy generating system must satisfy under Section 1 10
of this Act shall be deemed to be satisfied for a proposed solar energy generating system 11
whose owner, operator, or other person responsible for the system has, on or before June 12
30, 2025, and in accordance with an existing entitlement process, sent notifications to or 13
held meetings in the overburdened community or underserved community in which the 14
system is proposed to be located. 15
SECTION 7. AND BE IT FURTHER ENACTED, That provisions relating to § 16
7–207.4 of the Public Utilities Article in Section 1 of this Act may not be applied or 17
interpreted to have any effect on or application to the construction or modification of any 18
solar energy generating system for which a certificate of public convenience and necessity 19
or other required approval was obtained before the effective date of the regulations adopted 20
by the Public Service Commission under § 7–207.4(c) of the Public Utilities Article, as 21
enacted by Section 1 of this Act. 22
SECTION 4. 8. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October July 1, 2025. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.