EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0220*
HOUSE BILL 220
M5, C5 5lr0923
HB 166/24 – ECM (PRE–FILED) CF SB 10
By: Delegate Stewart
Requested: September 24, 2024
Introduced and read first time: January 8, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Renewable Energy Portfolio Standard – Eligible Sources – Alterations 2
(Reclaim Renewable Energy Act of 2025) 3
FOR the purpose of altering the definition of “Tier 1 renewable source” for purposes of 4
excluding energy derived from waste and refuse from being eligible for inclusion in 5
the renewable energy portfolio standard; and generally relating to the renewable 6
energy portfolio standard. 7
BY repealing and reenacting, without amendments, 8
Article – Public Utilities 9
Section 7–701(a) 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2024 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Public Utilities 14
Section 7–701(s) and 7–704(a) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Public Utilities 20
7–701. 21
(a) In this subtitle the following words have the meanings indicated. 22
(s) “Tier 1 renewable source” means one or more of the following types of energy 23 2 HOUSE BILL 220
sources: 1
(1) solar energy, including energy from photovoltaic technologies and solar 2
water heating systems; 3
(2) wind; 4
(3) qualifying biomass; 5
(4) methane from the anaerobic decomposition of organic materials in a 6
landfill or wastewater treatment plant; 7
(5) geothermal, including energy generated through geothermal exchange 8
from or thermal energy avoided by, groundwater or a shallow ground source; 9
(6) ocean, including energy from waves, tides, currents, and thermal 10
differences; 11
(7) a fuel cell that produces electricity from a Tier 1 renewable source 12
under item (3) or (4) of this subsection; 13
(8) a small hydroelectric power plant of less than 30 megawatts in capacity 14
that is licensed or exempt from licensing by the Federal Energy Regulatory Commission; 15
(9) poultry litter–to–energy; 16
(10) [waste–to–energy; 17
(11) refuse–derived fuel; 18
(12)] thermal energy from a thermal biomass system; and 19
[(13)] (11) raw or treated wastewater used as a heat source or sink for a 20
heating or cooling system. 21
7–704. 22
(a) (1) Energy from a Tier 1 renewable source: 23
(i) is eligible for inclusion in meeting the renewable energy portfolio 24
standard regardless of when the generating system or facility was placed in service; and 25
(ii) may be applied to the percentage requirements of the standard 26
for either Tier 1 renewable sources or Tier 2 renewable sources. 27
(2) (i) Energy from a Tier 1 renewable source under § 7–701(s)(1), (5), 28
OR (9)[, (10), or (11)] of this subtitle is eligible for inclusion in meeting the renewable energy 29 HOUSE BILL 220 3
portfolio standard only if the source is connected with the electric distribution grid serving 1
Maryland. 2
(ii) Energy from a Tier 1 renewable source under [§ 7–701(s)(13)] § 3
7–701(S)(11) of this subtitle is eligible for inclusion in meeting the renewable energy 4
portfolio standard only if the source: 5
1. is connected with the electric distribution grid serving 6
Maryland; or 7
2. processes wastewater from Maryland residents. 8
(iii) If the owner of a solar generating system in this State chooses to 9
sell solar renewable energy credits from that system, the owner must first offer the credits 10
for sale to an electricity supplier or electric company that shall apply them toward 11
compliance with the renewable energy portfolio standard under § 7–703 of this subtitle. 12
(3) Energy from a Tier 1 renewable source under § 7–701(s)(8) of this 13
subtitle is eligible for inclusion in meeting the renewable energy portfolio standard if it is 14
generated at a dam that existed as of January 1, 2004, even if a system or facility that is 15
capable of generating electricity did not exist on that date. 16
(4) Energy from a Tier 2 renewable source under § 7–701(t) of this subtitle 17
is eligible for inclusion in meeting the renewable energy portfolio standard if it is generated 18
at a system or facility that existed and was operational as of January 1, 2004, even if the 19
facility or system was not capable of generating electricity on that date. 20
SECTION 2. AND BE IT FURTHER ENACTED, That a presently existing obligation 21
or contract right may not be impaired in any way by this Act. 22
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply t o all 23
renewable energy portfolio standard compliance years starting on or after January 1, 2025. 24
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2025. 26