EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb1233* HOUSE BILL 1233 C5, M5 5lr3122 By: Delegates A. Johnson and S. Johnson Introduced and read first time: February 7, 2025 Assigned to: Economic Matters A BILL ENTITLED AN ACT concerning 1 Community Solar Energy Generating Systems – Subscription Eligibility 2 FOR the purpose of authorizing a certain LMI subscriber to hold a subscription to a 3 community solar energy generating system located in a different electric service 4 territory than the one in which the LMI subscriber resides; providing that a certain 5 LMI subscriber shall receive the same bill credit value as an LMI subscriber that 6 resides in a certain electric service territory; requiring the Public Service 7 Commission to establish a process for the exchange of community solar bill credits 8 between community solar energy generating systems that are located in different 9 electric service territories; and generally relating to community solar energy 10 generating systems. 11 BY repealing and reenacting, without amendments, 12 Article – Public Utilities 13 Section 7–306.2(a)(1), (8), (9), (12), and (14), (b), (c), (d)(1) and (2), and (j)(2) 14 Annotated Code of Maryland 15 (2020 Replacement Volume and 2024 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article – Public Utilities 18 Section 7–306.2(a)(4) and (7) and (d)(3) 19 Annotated Code of Maryland 20 (2020 Replacement Volume and 2024 Supplement) 21 BY adding to 22 Article – Public Utilities 23 Section 7–306.2(o) 24 Annotated Code of Maryland 25 (2020 Replacement Volume and 2024 Supplement) 26 2 HOUSE BILL 1233 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Public Utilities 3 7–306.2. 4 (a) (1) In this section the following words have the meanings indicated. 5 (4) “Community solar energy generating system” means a solar energy 6 system that: 7 (i) is connected to the electric distribution grid serving the State; 8 (ii) [is located in the same electric service territory as its subscribers; 9 (iii)] is attached to the electric meter of a subscriber or is a separate 10 facility with its own electric meter; 11 [(iv)] (III) credits its generated electricity, or the value of its 12 generated electricity, to the bills of the subscribers to that system through virtual net 13 energy metering; 14 [(v)] (IV) has at least two subscribers but no limit to the maximum 15 number of subscribers; 16 [(vi)] (V) does not have subscriptions larger than 200 kilowatts 17 constituting more than 60% of its kilowatt–hour output; 18 [(vii)] (VI) has a generating capacity that does not exceed 5 19 megawatts as measured by the alternating current rating of the system’s inverter; 20 [(viii)] (VII) may be owned by any person; and 21 [(ix)] (VIII) with respect to community solar energy generating 22 systems constructed under the Program, serves at least 40% of its kilowatt–hour output to 23 LMI subscribers unless the solar energy system is wholly owned by the subscribers to the 24 solar energy system. 25 (7) “LMI subscriber” means a subscriber that: 26 (i) is low–income; 27 (ii) is moderate–income; or 28 (iii) resides in a census tract that is an: 29 HOUSE BILL 1233 3 1. overburdened community; [and] OR 1 2. underserved community. 2 (8) “Low–income” means: 3 (i) having an annual household income that is at or below 200% of 4 the federal poverty level; or 5 (ii) being certified as eligible for any federal, State, or local 6 assistance program that limits participation to households whose income is at or below 7 200% of the federal poverty level. 8 (9) “Moderate–income” means having an annual household income that is 9 at or below 80% of the median income for Maryland. 10 (12) “Program” means the Community Solar Energy Generating Systems 11 Program. 12 (14) “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 (b) The General Assembly finds that: 18 (1) community solar energy generating systems: 19 (i) provide residents and businesses, including those that lease 20 property, increased access to local solar electricity while encouraging private investment in 21 solar resources; 22 (ii) enhance continued diversification of the State’s energy resource 23 mix to achieve the State’s renewable energy portfolio standard and Greenhouse Gas 24 Emissions Reduction Act goals; and 25 (iii) provide electric companies and ratepayers the opportunity to 26 realize the many benefits associated with distributed energy; and 27 (2) it is in the public interest that the State enable the development and 28 deployment of energy generation from community solar energy generating systems in order 29 to: 30 4 HOUSE BILL 1233 (i) allow renters and low–income and moderate–income retail 1 electric customers to own an interest in a community solar energy generating system; 2 (ii) facilitate market entry for all potential subscribers while giving 3 priority to subscribers who are the most sensitive to market barriers; and 4 (iii) encourage developers to promote participation by renters and 5 low–income and moderate–income retail electric customers. 6 (c) A community solar energy generating system, subscriber, subscriber 7 organization, or subscription coordinator is not: 8 (1) an electric company; 9 (2) an electricity supplier; or 10 (3) a generating station if the generating capacity of the community solar 11 energy generating system does not exceed 2 megawatts. 12 (d) (1) (i) The Commission shall establish and maintain a Community 13 Solar Energy Generating Systems Program. 14 (ii) The structure of the Program is as provided in this subsection. 15 (2) All rate classes may participate in the Program. 16 (3) (I) Subscribers served by electric standard offer service, community 17 choice aggregators, and electricity suppliers may hold subscriptions to the same community 18 solar energy generating system. 19 (II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 20 THIS SUBPARAGRAPH , A SUBSCRIBER MUST RE SIDE IN THE SAME ELE CTRIC 21 SERVICE TERRITORY AS THE COMMUNITY SOLAR ENERGY GENERATING SY STEM TO 22 WHICH THE SUBSCRIBER HOLDS A SUBSCRIPTION . 23 2. AN LMI SUBSCRIBER MAY HOLD A SUBSCRIPTION TO 24 A COMMUNITY SOLAR EN ERGY GENERATING SYST EM LOCATED IN A DIFFERENT 25 ELECTRIC SERVICE TER RITORY THAN THE ONE IN WHIC H THE LMI SUBSCRIBER 26 RESIDES. 27 (j) (2) (i) This paragraph applies to electric companies, electric 28 cooperatives, and municipal utilities that participate in the Program. 29 (ii) A subscriber who has a change in the service address associated 30 with the subscriber’s subscription may maintain the subscription for the new address if the 31 new address is within the same electric territory as the old address. 32 HOUSE BILL 1233 5 (iii) An electric company or a subscriber organization may not 1 terminate a subscriber’s subscription due to a change of address for the service address 2 associated with the subscription if the requirements under subparagraph (ii) of this 3 paragraph are met. 4 (iv) An electric company shall make any changes necessary to 5 accommodate a subscriber’s change of address on notification by a subscriber organization. 6 (O) (1) AN LMI SUBSCRIBER THAT RESIDES IN A DIFFERE NT ELECTRIC 7 SERVICE TERRITORY TH AN THE COMMUNITY SOL AR ENERGY GENERATING SYSTEM 8 SHALL RECEIVE THE SA ME BILL CREDIT VALUE AS AN LMI SUBSCRIBER THAT 9 RESIDES IN THE SAME ELECTRIC SERVICE TERRITORY AS THE COMMUNITY SOLAR 10 ENERGY GENERATING SY STEM. 11 (2) BY ORDER OR REGULATIO N, THE COMMISSION SHALL ESTABLISH 12 A PROCESS FOR THE EXCHANGE OF COMMUNITY SOLAR BILL CREDITS BETWEEN 13 COMMUNITY SOLAR ENER GY GENERATING SYSTEM S THAT ARE LOCATED I N 14 DIFFERENT ELECTRIC S ERVICE TERRITORIES. 15 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 October 1, 2025. 17