Maryland 2025 Regular Session

Maryland House Bill HB1406 Compare Versions

Only one version of the bill is available at this time.

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	5	hb1406
6	6
7	7	HOUSE BILL 1406
8	8	C5, M3 5lr2265
9	9
10	10	By: Delegates Behler, Fennell, Foley, and Turner
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Certificate of Public Convenience and Necessity – Environmental Impact 2
19	19	Analysis and Existing Burden Report 3
20	20
21	21	FOR the purpose of requiring a person applying for a certificate of public convenience and 4
22	22	necessity to include with the application a certain environmental impact analysis 5
23	23	and, if applicable, a certain existing burden report; altering certain notice 6
24	24	requirements; prohibiting the Public Service Commission from approving an 7
25	25	application for a certificate of public convenience and necessity unless the application 8
26	26	includes a final environmental impact assessment and, if applicable, a final existing 9
27	27	burden report; requiring the Commission to determine whether a final 10
28	28	environmental impact analysis and any applicable final existing burden report 11
29	29	indicate certain impacts; authorizing the Commission to grant a certain conditional 12
30	30	certificate of public convenience and necessity under certain circumstances; 13
31	31	requiring a person granted a conditional certificate of public convenience and 14
32	32	necessity to enter into a certain cumulative impacts mitigation fund agreement with 15
33	33	certain persons; and generally relating to certificates of public convenience and 16
34	34	necessity. 17
35	35
36	36	BY repealing and reenacting, with amendments, 18
37	37	Article – Public Utilities 19
38	38	Section 7–207 20
39	39	Annotated Code of Maryland 21
40	40	(2020 Replacement Volume and 2024 Supplement) 22
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
43	43	That the Laws of Maryland read as follows: 24
44	44
45	45	Article – Public Utilities 25
46	46
47	47	7–207. 26
48	48	2 HOUSE BILL 1406
49	49
50	50
51	51	(a) (1) In this section the following words have the meanings indicated. 1
52	52
53	53	(2) “AT–RISK CENSUS TRACT ” MEANS A CENSUS TRACT FOR WHICH 2
54	54	THE FINAL EJ SCORE AS DETERMINED BY THE MARYLAND EJ TOOL IS AT OR ABOVE 3
55	55	THE 75TH PERCENTILE . 4
56	56
57	57	[(2)] (3) “Brownfields site” means: 5
58	58
59	59	(i) a former industrial or commercial site identified by federal or 6
60	60	State laws or regulation as contaminated or polluted; 7
61	61
62	62	(ii) a closed landfill regulated by the Department of the 8
63	63	Environment; or 9
64	64
65	65	(iii) mined land. 10
66	66
67	67	[(3)] (4) (i) “Construction” means: 11
68	68
69	69	1. any physical change at a site, including fabrication, 12
70	70	erection, installation, or demolition; or 13
71	71
72	72	2. the entry into a binding agreement or contractual 14
73	73	obligation to purchase equipment exclusively for use in construction in the State or to 15
74	74	undertake a program of actual construction in the State which cannot be canceled or 16
75	75	modified without substantial loss to the owner or operator of the proposed generating 17
76	76	station. 18
77	77
78	78	(ii) “Construction” does not include a change that is needed for the 19
79	79	temporary use of a site or route for nonutility purposes or for use in securing geological 20
80	80	data, including any boring that is necessary to ascertain foundation conditions. 21
81	81
82	82	(5) “EJ SCORE” HAS THE MEANING STAT ED IN § 1–101 OF THE 22
83	83	ENVIRONMENT ARTICLE. 23
84	84
85	85	[(4)] (6) “Generating station” does not include: 24
86	86
87	87	(i) a generating unit or facility that: 25
88	88
89	89	1. is used for the production of electricity; 26
90	90
91	91	2. has the capacity to produce not more than 2 megawatts of 27
92	92	alternating current; and 28
93	93
94	94	3. is installed with equipment that prevents the flow of 29
95	95	electricity to the electric grid during time periods when the electric grid is out of service; 30
96	96	HOUSE BILL 1406 3
97	97
98	98
99	99	(ii) a combination of two or more generating units or facilities that: 1
100	100
101	101	1. are used for the production of electricity from a solar 2
102	102	photovoltaic system or an eligible customer–generator that is subject to the provisions of § 3
103	103	7–306 of this title; 4
104	104
105	105	2. are located on the same property or adjacent properties; 5
106	106
107	107	3. have the capacity to produce, when calculated 6
108	108	cumulatively for all generating units or facilities on the property or adjacent property, more 7
109	109	than 2 megawatts but not more than 14 megawatts of alternating current; and 8
110	110
111	111	4. for each individual generating unit or facility: 9
112	112
113	113	A. has the capacity to produce not more than 2 megawatts of 10
114	114	alternating current; 11
115	115
116	116	B. is separately metered by the electric company; and 12
117	117
118	118	C. does not export electricity for sale on the wholesale market 13
119	119	under an agreement with PJM Interconnection, LLC; 14
120	120
121	121	(iii) a generating unit or facility that: 15
122	122
123	123	1. is used for the production of electricity for the purpose of: 16
124	124
125	125	A. onsite emergency backup at a facility when service from 17
126	126	the electric company is interrupted due to electric distribution or transmission system 18
127	127	failure or when there is equipment failure at a site where critical infrastructure is located; 19
128	128	and 20
129	129
130	130	B. test and maintenance operations necessary to ensure 21
131	131	functionality of the generating unit or facility in the event of a service interruption from 22
132	132	the electric company due to electric distribution or transmission system failure or when 23
133	133	there is equipment failure at a site where critical infrastructure is located; 24
134	134
135	135	2. is installed with equipment that prevents the flow of 25
136	136	electricity to the electric grid; 26
137	137
138	138	3. is subject to a permit to construct issued by the 27
139	139	Department of the Environment; and 28
140	140
141	141	4. is installed at a facility that is part of critical 29
142	142	infrastructure if the facility complies with all applicable regulations regarding noise level 30
143	143	and testing hours; or 31
144	144	4 HOUSE BILL 1406
145	145
146	146
147	147	(iv) a combination of two or more generating units or facilities that 1
148	148	satisfy item (iii) of this paragraph. 2
149	149
150	150	(7) “MARYLAND EJ TOOL” HAS THE MEANING ST ATED IN § 1–101 OF 3
151	151	THE ENVIRONMENT ARTICLE. 4
152	152
153	153	[(5)] (8) (i) “Mined land” means the surface or subsurface of an area 5
154	154	in which surface mining operations will be, are being, or have been conducted. 6
155	155
156	156	(ii) “Mined land” includes: 7
157	157
158	158	1. private ways and roads used for mining appurtenant to 8
159	159	any surface mining area; 9
160	160
161	161	2. land excavations; 10
162	162
163	163	3. workings; and 11
164	164
165	165	4. overburden. 12
166	166
167	167	[(6)] (9) “Qualified generator lead line” means an overhead transmission 13
168	168	line that is designed to carry a voltage in excess of 69,000 volts and would allow an 14
169	169	out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric 15
170	170	system in Maryland that is owned by an electric company. 16
171	171
172	172	(b) (1) (i) Unless a certificate of public convenience and necessity for the 17
173	173	construction is first obtained from the Commission, a person may not begin construction in 18
174	174	the State of: 19
175	175
176	176	1. a generating station; or 20
177	177
178	178	2. a qualified generator lead line. 21
179	179
180	180	(ii) If a person obtains Commission approval for construction under 22
181	181	§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 23
182	182	obtain a certificate of public convenience and necessity under this section. 24
183	183
184	184	(iii) Notwithstanding subparagraph (i) of this paragraph, a person 25
185	185	may not apply to obtain a certificate of public convenience and necessity for construction of 26
186	186	a qualified generator lead line unless: 27
187	187
188	188	1. at least 90 days before the filing of an application for a 28
189	189	certificate of public convenience and necessity, the person had in good faith offered the 29
190	190	electric company that owns that portion of the electric grid in Maryland to which the 30
191	191	qualified generator lead line would interconnect a full and fair opportunity for the electric 31
192	192	company to construct the qualified generator lead line; and 32
193	193	HOUSE BILL 1406 5
194	194
195	195
196	196	2. at any time at least 10 days before the filing of an 1
197	197	application for a certificate of public convenience and necessity, the electric company: 2
198	198
199	199	A. did not accept from the person a proposal or a negotiated 3
200	200	version of the proposal under which the electric company would construct the qualified 4
201	201	generator lead line; or 5
202	202
203	203	B. stated in writing that the electric company did not intend 6
204	204	to construct the qualified generator lead line. 7
205	205
206	206	(2) Unless a certificate of public convenience and necessity for the 8
207	207	construction is first obtained from the Commission, and the Commission has found that the 9
208	208	capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a 10
209	209	person may not exercise a right of condemnation in connection with the construction of a 11
210	210	generating station. 12
211	211
212	212	(3) (i) Except as provided in paragraph (4) of this subsection, unless a 13
213	213	certificate of public convenience and necessity for the construction is first obtained from the 14
214	214	Commission, a person may not begin construction of an overhead transmission line that is 15
215	215	designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation 16
216	216	with the construction. 17
217	217
218	218	(ii) For construction related to an existing overhead transmission 18
219	219	line, the Commission may waive the requirement in subparagraph (i) of this paragraph for 19
220	220	good cause. 20
221	221
222	222	(iii) Notwithstanding subparagraph (i) of this paragraph and subject 21
223	223	to subparagraph (iv) of this paragraph, the Commission may issue a certificate of public 22
224	224	convenience and necessity for the construction of an overhead transmission line only if the 23
225	225	applicant for the certificate of public convenience and necessity: 24
226	226
227	227	1. is an electric company; or 25
228	228
229	229	2. is or, on the start of commercial operation of the overhead 26
230	230	transmission line, will be subject to regulation as a public utility by an officer or an agency 27
231	231	of the United States. 28
232	232
233	233	(iv) The Commission may not issue a certificate of public convenience 29
234	234	and necessity for the construction of an overhead transmission line in the electric 30
235	235	distribution service territory of an electric company to an applicant other than an electric 31
236	236	company if: 32
237	237
238	238	1. the overhead transmission line is to be located solely 33
239	239	within the electric distribution service territory of that electric company; and 34
240	240
241	241	2. the cost of the overhead transmission line is to be paid 35
242	242	solely by that electric company and its ratepayers. 36 6 HOUSE BILL 1406
243	243
244	244
245	245
246	246	(v) 1. This subparagraph applies to the construction of an 1
247	247	overhead transmission line for which a certificate of public convenience and necessity is 2
248	248	required under this section. 3
249	249
250	250	2. On issuance of a certificate of public convenience and 4
251	251	necessity for the construction of an overhead transmission line, a person may acquire by 5
252	252	condemnation, in accordance with Title 12 of the Real Property Article, any property or 6
253	253	right necessary for the construction or maintenance of the transmission line. 7
254	254
255	255	(4) (i) Except as provided in subparagraph (ii) of this paragraph, for 8
256	256	construction related to an existing overhead transmission line designed to carry a voltage 9
257	257	in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate 10
258	258	of public convenience and necessity if the Commission finds that the construction does not: 11
259	259
260	260	1. require the person to obtain new real property or 12
261	261	additional rights–of–way through eminent domain; or 13
262	262
263	263	2. require larger or higher structures to accommodate: 14
264	264
265	265	A. increased voltage; or 15
266	266
267	267	B. larger conductors. 16
268	268
269	269	(ii) 1. For construction related to an existing overhead 17
270	270	transmission line, including repairs, that is necessary to avoid an imminent safety hazard 18
271	271	or reliability risk, a person may undertake the necessary construction. 19
272	272
273	273	2. Within 30 days after construction is completed under 20
274	274	subsubparagraph 1 of this subparagraph, a person shall file a report with the Commission 21
275	275	describing the work that was completed. 22
276	276
277	277	(C) (1) A PERSON APPLYING FOR A CERTIFICATE OF PUB LIC 23
278	278	CONVENIENCE AND NECE SSITY SHALL INCLUDE WITH THE APPLICATION : 24
279	279
280	280	(I) AN INITIAL ENVIRONMENTAL IMPACT ANALYSIS THAT 25
281	281	MEETS THE REQUIREMEN TS OF PARAGRAPH (2) OF THIS SUBSECTION ; AND 26
282	282
283	283	(II) IF APPLICABLE , AN INITIAL EXISTING BURDEN REPO RT 27
284	284	THAT MEETS THE REQUI REMENTS OF PARAGRAPH (3) OF THIS SUBSECTION . 28
285	285
286	286	(2) AN INITIAL ENVIRONMENTAL IMPACT ANALYSIS SHALL INCLU DE: 29
287	287
288	288	(I) A DESCRIPTION OF THE PROPOSED PROJECT AND THE 30
289	289	ENVIRONMENTAL CONDIT IONS OF THE PROPOSED PROJECT SITE; 31
290	290	HOUSE BILL 1406 7
291	291
292	292
293	293	(II) THE ENVIRONMENTAL AN D PUBLIC HEALTH IMPA CTS, 1
294	294	INCLUDING BOTH SHORT – AND LONG –TERM EFFECTS , OF THE PROPOSED 2
295	295	GENERATING STATION , OVERHEAD TRANSMISSION LINE , OR QUALIFIED 3
296	296	GENERATOR LEAD LINE ; 4
297	297
298	298	(III) ANY IRREVERSIBLE OR IRRETRIEVABLE COMMIT MENT OF 5
299	299	RESOURCES INVOLVED I N THE CONSTRUCTION ; AND 6
300	300
301	301	(IV) MITIGATION MEASURES PROPOSED TO MINIMIZE 7
302	302	IDENTIFIED ENVIRONME NTAL IMPACTS. 8
303	303
304	304	(3) (I) A PERSON SHALL INCLUDE WITH AN APPLICATION FOR A 9
305	305	CERTIFICATE OF PUBLI C CONVENIENCE AND NE CESSITY AN INITIAL EXISTING 10
306	306	BURDEN REPORT FOR EA CH AT–RISK CENSUS TRACT AND AREA LOCATED WIT HIN A 11
307	307	1.5–MILE RADIUS OF THE B OUNDARIES OF AN AT –RISK CENSUS TRACT THAT MAY BE 12
308	308	IMPACTED BY THE PROPOSED GENERATING STATION , OVERHEAD TRANSMISSION 13
309	309	LINE, OR QUALIFIED GENERAT OR LEAD LINE. 14
310	310
311	311	(II) AN INITIAL EXISTING BURDEN REPO RT SHALL INCLUDE : 15
312	312
313	313	1. THE EJ SCORE, CALCULATED BY THE MARYLAND EJ 16
314	314	TOOL, FOR THE CENSUS TRACT WHERE THE APPLICANT IS SEEKING TO CONSTR UCT 17
315	315	THE GENERATING STATI ON, OVERHEAD TRANSMISSION LINE , OR QUALIFIED 18
316	316	GENERATOR LEAD LINE ; 19
317	317
318	318	2. A COMPREHENSIVE LIST OF EACH EXISTING 20
319	319	POLLUTION SOURCE OR CATEGORY OF SOURCES THAT ARE IMPACTING THE 21
320	320	COMMUNITY IN WHICH THE APPLICA NT IS SEEKING TO CON STRUCT THE 22
321	321	GENERATING STATION , OVERHEAD TRANSMISSIO N LINE, OR QUALIFIED 23
322	322	GENERATOR LEAD LINE , INCLUDING A DESCRIPTION OF POTENTIAL ROUTES OF 24
323	323	HUMAN EXPOSURE TO PO LLUTION FROM EACH SO URCE OR CAT EGORY IDENTIFIED ; 25
324	324
325	325	3. AMBIENT CONCENTRATIO NS OF REGULATED AIR 26
326	326	POLLUTANTS AND REGUL ATED OR UNREGULATED HAZARDOUS AIR POLLUT ANTS; 27
327	327
328	328	4. TRAFFIC VOLUME ; 28
329	329
330	330	5. GENERAL NOISE AND OD OR LEVELS; 29
331	331
332	332	6. EXPOSURE OR POTENTIA L EXPOSURE TO LEAD , 30
333	333	INCLUDING LE AD–BASED PAINT; 31
334	334	8 HOUSE BILL 1406
335	335
336	336
337	337	7. EXPOSURE OR POTENTIA L EXPOSURE TO 1
338	338	CONTAMINATED DRINKIN G WATER SUPPLIES ; 2
339	339
340	340	8. PROXIMITY OF THE PROPOSED GENERATING 3
341	341	STATION, OVERHEAD TRANSMISSIO N LINE, OR QUALIFIED GENERAT OR LEAD LINE 4
342	342	TO EXISTING SOURCES OF POLLUTION , INCLUDING: 5
343	343
344	344	A. SOLID OR HAZARDOUS W ASTE SITES; 6
345	345
346	346	B. INCINERATORS ; 7
347	347
348	348	C. RECYCLING FACILITIES ; 8
349	349
350	350	D. WASTE TRANSFER FACIL ITIES; AND 9
351	351
352	352	E. PETROLEUM OR CHEMICA L MANUFACTURING , 10
353	353	STORAGE, TREATMENT , OR DISPOSAL FACILITI ES; 11
354	354
355	355	9. THE POTENTIAL OR PRO JECTED CONTRIBUTION OF 12
356	356	THE PROPOSED GENERATING STATION, OVERHEAD TRANSMISSIO N LINE, OR 13
357	357	QUALIFIED GENERATOR LEAD LINE TO EXISTING POLLUTIO N BURDENS IN THE 14
358	358	COMMUNITY IN WHICH THE APPLICA NT IS SEEKING TO CON STRUCT THE STATION O R 15
359	359	LINE AND, ACCOUNTING FOR THE E XISTING BURDEN , THE POTENTIAL HEALTH 16
360	360	EFFECTS OF THE CONTRIBUTION ; 17
361	361
362	362	10. AN EVALUATION OF EXI STING ENVIRONMENTAL AND 18
363	363	PUBLIC HEALTH STRESS ORS IN THE COMMUNITY IN WHICH THE APPLICA NT IS 19
364	364	SEEKING TO CONSTRUCT THE GENERATING STATI ON, OVERHEAD TRANSMISSIO N 20
365	365	LINE, OR QUALIFIED GENERAT OR LEAD LINE; AND 21
366	366
367	367	11. AN EVALUATION OF ANY UNAVOIDABLE 22
368	368	ENVIRONMENTAL AND PU BLIC HEALTH STRESSOR S POSED BY THE PROPOSED 23
369	369	GENERATING STATION , OVERHEAD TRANSMISSIO N LINE, OR QUALIFIED 24
370	370	GENERATOR LEAD LINE . 25
371	371
372	372	(4) AFTER THE PUBLIC HEAR ING AND COMMENT PERI OD REQUIRED 26
373	373	UNDER SUBSECTION (E) OF THIS SECTION, AN APPLICANT SHALL : 27
374	374
375	375	(I) REVISE THE INITIAL A NALYSIS AND REPORT S UBMITTED 28
376	376	WITH AN APPLICATION UNDER PARAGRAPH (1) OF THIS SUBSECTION , TAKING INTO 29
377	377	ACCOUNT: 30
378	378	HOUSE BILL 1406 9
379	379
380	380
381	381	1. ANY FEEDBACK RECEIVE D FROM PERSONS LISTE D IN 1
382	382	SUBSECTION (D)(1)(I) THROUGH (VI) OF THIS SECTION; AND 2
383	383
384	384	2. ANY PUBLIC COMMENTS RECEIVED DURING THE 3
385	385	COMMENT PERIOD ; AND 4
386	386
387	387	(II) SUBMIT TO THE COMMISSION A FINALIZED 5
388	388	ENVIRONMENTAL IMPACT ANALYSIS AND, IF APPLICABLE, A FINALIZED EXISTING 6
389	389	BURDEN REPORT . 7
390	390
391	391	(5) THE COMMISSION SHALL : 8
392	392
393	393	(I) SUBMIT THE FINALIZED ANALYSES AND REPORTS 9
394	394	SUBMITTED UNDER PARA GRAPH (4) OF THIS SUBSECTION TO THE PERSONS LISTED 10
395	395	IN SUBSECTION (D)(1)(I) THROUGH (VI) OF THIS SECTION; AND 11
396	396
397	397	(II) ATTACH TO THE FINALIZED ANALYSES AND REPORTS A 12
398	398	RECORD OF ALL PUBLIC COMMENTS RECEIVED REGARDING THE INITIAL 13
399	399	ENVIRONMENTAL IMPACT ANALYSIS AND , IF APPLICABLE, AN INITIAL EXISTING 14
400	400	BURDEN REPORT . 15
401	401
402	402	[(c)] (D) (1) On receipt of an application for a certificate of public convenience 16
403	403	and necessity under this section, the Commission shall provide notice immediately or 17
404	404	require the applicant to provide notice immediately of the application to: 18
405	405
406	406	(i) the Department of Planning; 19
407	407
408	408	(ii) the governing body, and if applicable the executive, of each 20
409	409	county or municipal corporation in which any portion of the generating station, overhead 21
410	410	transmission line, or qualified generator lead line is proposed to be constructed; 22
411	411
412	412	(iii) the governing body, and if applicable the executive, of each 23
413	413	county or municipal corporation within 1 mile of the proposed location of the generating 24
414	414	station, overhead transmission line, or qualified generator lead line; 25
415	415
416	416	(iv) each member of the General Assembly representing any part of 26
417	417	a county in which any portion of the generating station, overhead transmission line, or 27
418	418	qualified generator lead line is proposed to be constructed; 28
419	419
420	420	(v) each member of the General Assembly representing any part of 29
421	421	each county within 1 mile of the proposed location of the generating station, overhead 30
422	422	transmission line, or qualified generator lead line; 31
423	423
424	424	(vi) for a proposed overhead transmission line, each owner of land 32
425	425	and each owner of adjacent land; and 33 10 HOUSE BILL 1406
426	426
427	427
428	428
429	429	(vii) all other interested persons. 1
430	430
431	431	(2) The Commission, when sending the notice required under paragraph 2
432	432	(1) of this subsection, shall forward a copy of the application to: 3
433	433
434	434	(i) each appropriate State unit and unit of local government for 4
435	435	review, evaluation, and comment regarding the significance of the proposal to State, 5
436	436	area–wide, and local plans or programs; and 6
437	437
438	438	(ii) each member of the General Assembly included under paragraph 7
439	439	(1)(iv) and (v) of this subsection who requests a copy of the application. 8
440	440
441	441	(3) On receipt of an application for a certificate of public convenience and 9
442	442	necessity under this section, the Commission shall provide notice of the application on the 10
443	443	Commission’s social media platforms and website. 11
444	444
445	445	(4) THE NOTICE PROVIDED UNDER PARAGRAPH (1) OF THIS 12
446	446	SUBSECTION SHALL INCLUDE : 13
447	447
448	448	(I) THE FINAL EJ SCORE FOR EACH AT–RISK CENSUS TRACT 14
449	449	AND AREA LOCATED WIT HIN A 1.5–MILE RADIUS OF THE B OUNDARIES OF AN AT –RISK 15
450	450	CENSUS TRACT WHERE THE PROPOSED GENERATING STATION, OVERHEAD 16
451	451	TRANSMISSION LINE , OR QUALIFIED GENERAT OR LEAD LINE WILL BE LOCATED , 17
452	452	INCLUDING A DESCRIPT ION OF THE INDICATORS CONTRIBUT ING TO THE SCORE ; 18
453	453	AND 19
454	454
455	455	(II) A LINK TO THE COMMISSION’S WEBSITE WHERE THE 20
456	456	ASSOCIATED INITIAL ENVIRONMENTAL IMPACT ANALYSIS AND INITIAL EXISTING 21
457	457	BURDEN REPORT MAY BE ACCESSED . 22
458	458
459	459	[(d)] (E) (1) (i) The Commission shall provide an opportunity for public 23
460	460	comment and hold a public hearing on the application for a certificate of public convenience 24
461	461	and necessity in each county and municipal corporation in which any portion of the 25
462	462	construction of a generating station, an overhead transmission line designed to carry a 26
463	463	voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. 27
464	464
465	465	(ii) The Commission may hold the public hearing virtually rather 28
466	466	than in person if the Commission provides a comparable opportunity for public comment 29
467	467	and participation in the hearing. 30
468	468
469	469	(2) The Commission shall hold the public hearing jointly with the 31
470	470	governing body of the county or municipal corporation in which any portion of the 32
471	471	construction of the generating station, overhead transmission line, or qualified generator 33
472	472	lead line is proposed to be located, unless the governing body declines to participate in the 34
473	473	hearing. 35 HOUSE BILL 1406 11
474	474
475	475
476	476
477	477	(3) (i) Once in each of the 4 successive weeks immediately before the 1
478	478	hearing date, the Commission shall provide weekly notice of the public hearing and an 2
479	479	opportunity for public comment: 3
480	480
481	481	1. by advertisement in a newspaper of general circulation in 4
482	482	the county or municipal corporation affected by the application; 5
483	483
484	484	2. on two types of social media; and 6
485	485
486	486	3. on the Commission’s website. 7
487	487
488	488	(ii) Before a public hearing, the Commission shall coordinate with 8
489	489	the governing body of the county or municipal corporation in which any portion of the 9
490	490	construction of the generating station, overhead transmission line, or qualified generator 10
491	491	lead line is proposed to be located to identify additional options for providing, in an efficient 11
492	492	and cost–effective manner, notice of the public hearing through other types of media that 12
493	493	are familiar to the residents of the county or municipal corporation. 13
494	494
495	495	(4) (i) On the day of a public hearing, an informational sign shall be 14
496	496	posted prominently at or near each public entrance of the building in which the public 15
497	497	hearing will be held. 16
498	498
499	499	(ii) The informational sign required under subparagraph (i) of this 17
500	500	paragraph shall: 18
501	501
502	502	1. state the time, room number, and subject of the public 19
503	503	hearing; and 20
504	504
505	505	2. be at least 17 by 22 inches in size. 21
506	506
507	507	(iii) If the public hearing is conducted virtually rather than in person, 22
508	508	the Commission shall provide information on the hearing prominently on the Commission’s 23
509	509	website. 24
510	510
511	511	(5) (i) The Commission shall ensure presentation and 25
512	512	recommendations from each interested State unit, and shall allow representatives of each 26
513	513	State unit to sit during hearing of all parties. 27
514	514
515	515	(ii) The Commission shall allow each State unit 15 days after the 28
516	516	conclusion of the hearing to modify the State unit’s initial recommendations. 29
517	517
518	518	(F) (1) THE COMMISSION MAY NOT APPROVE AN APPLI CATION FOR A 30
519	519	CERTIFICATE OF PUBLI C CONVENIENCE AND NE CESSITY UNLESS THE A PPLICATION 31
520	520	INCLUDES: 32
521	521	12 HOUSE BILL 1406
522	522
523	523
524	524	(I) THE FINAL ENVIRONMENTAL IMPACT ANALYSIS REQUIRED 1
525	525	UNDER SUBSECTION (C)(4) OF THIS SECTION; AND 2
526	526
527	527	(II) IF APPLICABLE , THE FINAL EXISTING BURDEN REPORT 3
528	528	REQUIRED UNDER SUBSE CTION (C)(4) OF THIS SECTION. 4
529	529
530	530	(2) THE COMMISSION SHALL DETERMINE WHETHER A FINAL 5
531	531	ENVIRONMENTAL IMPACT ANALYSIS AND ANY APP LICABLE FINAL EXISTI NG BURDEN 6
532	532	REPORT INDICATE THAT A PROPOSED GENERATING STATION , OVERHEAD 7
533	533	TRANSMISSION LINE , OR QUALIFIED GENERAT OR LEAD LINE MAY, DIRECTLY OR 8
534	534	INDIRECTLY, CAUSE OR CONTRIBUTE TO AN INCREASED POTE NTIAL FOR ADVERSE 9
535	535	ENVIRONMENTAL AND PU BLIC HEALTH IMPACTS WITHIN AN AT–RISK CENSUS TRACT 10
536	536	AND AREA LOCATED WIT HIN A 1.5–MILE RADIUS OF T HE BOUNDARIES OF THE 11
537	537	AT–RISK CENSUS TRACT . 12
538	538
539	539	(3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , IF THE 13
540	540	COMMISSION DETERMINES THAT A PROPOSED GENERATING STATION , OVERHEAD 14
541	541	TRANSMISSION LINE , OR QUALIFIED GENERAT OR LEAD LINE WOULD CAUSE OR 15
542	542	CONTRIBUTE TO AN IN CREASED POTENTIAL FO R ADVERSE ENVIRONMEN TAL AND 16
543	543	PUBLIC HEALTH IMPACT S WITHIN AN AT–RISK CENSUS TRACT OR AREA LOCATED 17
544	544	WITHIN A 1.5–MILE RADIUS OF THE B OUNDARIES OF THE AT –RISK CENSUS TRACT , 18
545	545	THE COMMISSION MAY NOT AP PROVE AN APPLICATION FOR A CERTIFICATE OF 19
546	546	PUBLIC CONVENIENCE A ND NECESSITY. 20
547	547
548	548	(4) THE COMMISSION MAY GRANT A CONDITIONAL CERTIFICATE OF 21
549	549	PUBLIC CONVENIENCE A ND NECESSITY FOR A PROPOSED GENERATIN G STATION, 22
550	550	OVERHEAD TRANSMISSIO N LINE, OR QUALIFIED GENERAT OR LEAD LINE THAT THE 23
551	551	COMMISSION, UNDER PARAG RAPH (2) OF THIS SUBSECTION , DETERMINES WOULD 24
552	552	CAUSE OR CONTRIBUTE TO AN INCREASED POTE NTIAL FOR ADVERSE 25
553	553	ENVIRONMENTAL AND PU BLIC HEALTH IMPACTS IF THE APPLICANT CAN ESTABL ISH 26
554	554	THAT: 27
555	555
556	556	(I) THE GENERATING STATI ON, OVERHEAD TRANSMISSIO N 28
557	557	LINE, OR QUALIFIED GE NERATOR LEAD LINE WOULD SERVE AN ESSEN TIAL 29
558	558	ENVIRONMENTAL , HEALTH, OR SAFETY NEED OF TH E COMMUNITY WHERE THE 30
559	559	STATION OR LINE WILL BE LOCATED; AND 31
560	560
561	561	(II) THERE IS NO REASONAB LE ALTERNATIVE TO 32
562	562	CONSTRUCTION OF THE GENERATING STATION , OVERHEAD TRANSMISSIO N LINE, OR 33
563	563	QUALIFIED GENERATOR LEAD LINE. 34
564	564	HOUSE BILL 1406 13
565	565
566	566
567	567	(5) IF THE COMMISSION GRANTS A CONDITIONAL CERTIFICATE OF 1
568	568	PUBLIC CONVENIENCE A ND NECESSITY IN ACCORDANCE WITH PARAGRAPH (4) OF 2
569	569	THIS SUBSECTION , THE COMMISSION SHALL : 3
570	570
571	571	(I) IMPOSE ADDITIONAL PE RMIT CONDITIONS TO PROTECT 4
572	572	PUBLIC HEALTH ; AND 5
573	573
574	574	(II) REQUIRE THE APPLICAN T TO ENTER INTO A CU MULATIVE 6
575	575	IMPACTS MITIGATION F UND AGREEMENT IN ACCORDANCE WITH PARAGRAPH (6) OF 7
576	576	THIS SUBSECTION. 8
577	577
578	578	(6) (I) AN APPLICANT WHO HAS BEEN GRANTED A CONDI TIONAL 9
579	579	CERTIFICATE OF PUBLI C CONVENIENCE AND NECE SSITY SHALL ENTER IN TO A 10
580	580	CUMULATIVE IMPACTS M ITIGATION FUND AGREE MENT WITH A COMMUNIT Y–BASED 11
581	581	ORGANIZATION OR COLL ECTION OF COMMUNITY –BASED ORGANIZATIONS 12
582	582	REPRESENTING THE COM MUNITY OR COMMUNITIE S AFFECTED BY THE PROPOSED 13
583	583	GENERATING STATI ON, OVERHEAD TRANSMISSIO N LINE, OR QUALIFIED 14
584	584	GENERATOR LEAD LINE . 15
585	585
586	586	(II) A CUMULATIVE IMPACTS M ITIGATION FUND AGREE MENT 16
587	587	SHALL ESTABLISH ONGO ING MONETARY PAYMENT S THAT ARE: 17
588	588
589	589	1. AGREED ON BY THE COM MUNITY–BASED 18
590	590	ORGANIZATION AND THE APPLICANT; AND 19
591	591
592	592	2. DEPOSITED INTO A PROJECT –SPECIFIC CUMULATIVE 20
593	593	IMPACTS MITIGATION FUND FOR THE LIFE OF THE PROJECT. 21
594	594
595	595	(III) A CUMULATIVE IMPACTS M ITIGATION FUND AGREE MENT: 22
596	596
597	597	1. SHALL BE ENFORCEABLE IN A STATE COURT AND 23
598	598	INCLUDE LANGUAGE IN THE AGREEMENT THAT THE AGREEMENT IS ENFORCEAB LE 24
599	599	IN A STATE COURT; 25
600	600
601	601	2. SHALL BENEFIT ALL RE SIDENTS WHO LIVE WIT HIN 26
602	602	THE AT–RISK CENSUS TRACT AF FECTED BY THE PROPOSED GENERATING STATION, 27
603	603	OVERHEAD TRANSMISSIO N LINE, OR QUALIFIED GENERAT OR LEAD LINE; AND 28
604	604
605	605	3. MAY NOT RESTRICT THE RIGHT OF RESIDENTS O R 29
606	606	ORGANIZATIONS TO EXP RESS CONCERNS ABOUT OR OBJECTIONS TO THE PROPOSED 30
607	607	GENERATING STATION , OVERHEAD TRANSMISSIO N LINE, OR QUALIFIED 31
608	608	GENERATOR LEAD LINE . 32
609	609	14 HOUSE BILL 1406
610	610
611	611
612	612	[(e)] (G) The Commission shall take final action on an application for a 1
613	613	certificate of public convenience and necessity only after due consideration of: 2
614	614
615	615	(1) the recommendation of the governing body of each county or municipal 3
616	616	corporation in which any portion of the construction of the generating station, overhead 4
617	617	transmission line, or qualified generator lead line is proposed to be located; 5
618	618
619	619	(2) the effect of the generating station, overhead transmission line, or 6
620	620	qualified generator lead line on: 7
621	621
622	622	(i) the stability and reliability of the electric system; 8
623	623
624	624	(ii) economics; 9
625	625
626	626	(iii) esthetics; 10
627	627
628	628	(iv) historic sites; 11
629	629
630	630	(v) aviation safety as determined by the Maryland Aviation 12
631	631	Administration and the administrator of the Federal Aviation Administration; 13
632	632
633	633	(vi) when applicable, air quality and water pollution; and 14
634	634
635	635	(vii) the availability of means for the required timely disposal of 15
636	636	wastes produced by any generating station; 16
637	637
638	638	(3) the effect of climate change on the generating station, overhead 17
639	639	transmission line, or qualified generator lead line based on the best available scientific 18
640	640	information recognized by the Intergovernmental Panel on Climate Change; and 19
641	641
642	642	(4) for a generating station: 20
643	643
644	644	(i) the consistency of the application with the comprehensive plan 21
645	645	and zoning of each county or municipal corporation where any portion of the generating 22
646	646	station is proposed to be located; 23
647	647
648	648	(ii) the efforts to resolve any issues presented by a county or 24
649	649	municipal corporation where any portion of the generating station is proposed to be located; 25
650	650
651	651	(iii) the impact of the generating station on the quantity of annual 26
652	652	and long–term statewide greenhouse gas emissions, measured in the manner specified in § 27
653	653	2–1202 of the Environment Article and based on the best available scientific information 28
654	654	recognized by the Intergovernmental Panel on Climate Change; and 29
655	655
656	656	(iv) the consistency of the application with the State’s climate 30
657	657	commitments for reducing statewide greenhouse gas emissions, including those specified 31
658	658	in Title 2, Subtitle 12 of the Environment Article. 32 HOUSE BILL 1406 15
659	659
660	660
661	661
662	662	[(f)] (H) For the construction of an overhead transmission line, in addition to the 1
663	663	considerations listed in subsection [(e)] (G) of this section, the Commission shall: 2
664	664
665	665	(1) take final action on an application for a certificate of public convenience 3
666	666	and necessity only after due consideration of: 4
667	667
668	668	(i) the need to meet existing and future demand for electric service; 5
669	669	and 6
670	670
671	671	(ii) for construction related to a new overhead transmission line, the 7
672	672	alternative routes that the applicant considered, including the estimated capital and 8
673	673	operating costs of each alternative route and a statement of the reason why the alternative 9
674	674	route was rejected; 10
675	675
676	676	(2) require as an ongoing condition of the certificate of public convenience 11
677	677	and necessity that an applicant comply with: 12
678	678
679	679	(i) all relevant agreements with PJM Interconnection, L.L.C., or its 13
680	680	successors, related to the ongoing operation and maintenance of the overhead transmission 14
681	681	line; and 15
682	682
683	683	(ii) all obligations imposed by the North America Electric Reliability 16
684	684	Council and the Federal Energy Regulatory Commission related to the ongoing operation 17
685	685	and maintenance of the overhead transmission line; and 18
686	686
687	687	(3) require the applicant to identify whether the overhead transmission 19
688	688	line is proposed to be constructed on: 20
689	689
690	690	(i) an existing brownfields site; 21
691	691
692	692	(ii) property that is subject to an existing easement; or 22
693	693
694	694	(iii) a site where a tower structure or components of a tower structure 23
695	695	used to support an overhead transmission line exist. 24
696	696
697	697	[(g)] (I) (1) The Commission may not authorize, and a person may not 25
698	698	undertake, the construction of an overhead transmission line that is aligned with and 26
699	699	within 1 mile of either end of a public airport runway, unless: 27
700	700
701	701	(i) the Federal Aviation Administration determines that the 28
702	702	construction of an overhead transmission line will not constitute a hazard to air navigation; 29
703	703	and 30
704	704
705	705	(ii) the Maryland Aviation Administration concurs in that 31
706	706	determination. 32
707	707	16 HOUSE BILL 1406
708	708
709	709
710	710	(2) A privately owned airport runway shall qualify as a public airport 1
711	711	runway under this subsection only if the runway has been on file with the Federal Aviation 2
712	712	Administration for at least 2 years as being open to the public without restriction. 3
713	713
714	714	[(h)] (J) (1) A county or municipal corporation has the authority to approve 4
715	715	or deny any local permit required under a certificate of public convenience and necessity 5
716	716	issued under this section. 6
717	717
718	718	(2) A county or municipal corporation shall approve or deny any local 7
719	719	permits required under a certificate of public convenience and necessity issued under this 8
720	720	section: 9
721	721
722	722	(i) within a reasonable time; and 10
723	723
724	724	(ii) to the extent local laws are not preempted by State law, in 11
725	725	accordance with local laws. 12
726	726
727	727	(3) A county or municipal corporation may not condition the approval of a 13
728	728	local permit required under a certificate of public convenience and necessity issued under 14
729	729	this section on receipt of any of the following approvals for any aspect of a generating 15
730	730	station, an overhead transmission line, or a qualified lead line proposed to be constructed 16
731	731	under the certificate: 17
732	732
733	733	(i) a conditional use approval; 18
734	734
735	735	(ii) a special exception approval; or 19
736	736
737	737	(iii) a floating zone approval. 20
738	738
739	739	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
740	740	1, 2025. 22