Maryland 2025 Regular Session

Maryland House Bill HB640 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0640*
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77 HOUSE BILL 640
88 C5 5lr1266
99 CF SB 34
1010 By: Delegates Guyton, Allen, Fair, Griffith, A. Johnson, S. Johnson, Kerr, Kipke,
1111 Lehman, Mangione, McComas, Miller, Pasteur, Patterson, Phillips, Pippy,
1212 Rose, Ruth, Stonko, Tomlinson, and White Holland
1313 Introduced and read first time: January 23, 2025
1414 Assigned to: Economic Matters
1515
1616 A BILL ENTITLED
1717
1818 AN ACT concerning 1
1919
2020 Certificate of Public Convenience and Necessity – Overhead Transmission Lines 2
2121 – Conservation Easements 3
2222
2323 FOR the purpose of requiring the Public Service Commission to consider the impact of the 4
2424 development of overhead transmission lines on certain properties subject to an 5
2525 existing conservation easement in certain proceedings for a certificate of public 6
2626 convenience and necessity; requiring the Commission to require an applicant for a 7
2727 certificate of public convenience and necessity for the development of overhead 8
2828 transmission lines to consider alternative routes for transmission lines affecting 9
2929 conservation easements or alter proposed routes; and generally relating to 10
3030 certificates of public convenience and necessity. 11
3131
3232 BY repealing and reenacting, without amendments, 12
3333 Article – Public Utilities 13
3434 Section 7–207(e) 14
3535 Annotated Code of Maryland 15
3636 (2020 Replacement Volume and 2024 Supplement) 16
3737
3838 BY repealing and reenacting, with amendments, 17
3939 Article – Public Utilities 18
4040 Section 7–207(f) 19
4141 Annotated Code of Maryland 20
4242 (2020 Replacement Volume and 2024 Supplement) 21
4343
4444 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
4545 That the Laws of Maryland read as follows: 23
4646
4747 Article – Public Utilities 24
4848 2 HOUSE BILL 640
4949
5050
5151 7–207. 1
5252
5353 (e) The Commission shall take final action on an application for a certificate of 2
5454 public convenience and necessity only after due consideration of: 3
5555
5656 (1) the recommendation of the governing body of each county or municipal 4
5757 corporation in which any portion of the construction of the generating station, overhead 5
5858 transmission line, or qualified generator lead line is proposed to be located; 6
5959
6060 (2) the effect of the generating station, overhead transmission line, or 7
6161 qualified generator lead line on: 8
6262
6363 (i) the stability and reliability of the electric system; 9
6464
6565 (ii) economics; 10
6666
6767 (iii) esthetics; 11
6868
6969 (iv) historic sites; 12
7070
7171 (v) aviation safety as determined by the Maryland Aviation 13
7272 Administration and the administrator of the Federal Aviation Administration; 14
7373
7474 (vi) when applicable, air quality and water pollution; and 15
7575
7676 (vii) the availability of means for the required timely disposal of 16
7777 wastes produced by any generating station; 17
7878
7979 (3) the effect of climate change on the generating station, overhead 18
8080 transmission line, or qualified generator lead line based on the best available scientific 19
8181 information recognized by the Intergovernmental Panel on Climate Change; and 20
8282
8383 (4) for a generating station: 21
8484
8585 (i) the consistency of the application with the comprehensive plan 22
8686 and zoning of each county or municipal corporation where any portion of the generating 23
8787 station is proposed to be located; 24
8888
8989 (ii) the efforts to resolve any issues presented by a county or 25
9090 municipal corporation where any portion of the generating station is proposed to be located; 26
9191
9292 (iii) the impact of the generating station on the quantity of annual 27
9393 and long–term statewide greenhouse gas emissions, measured in the manner specified in § 28
9494 2–1202 of the Environment Article and based on the best available scientific information 29
9595 recognized by the Intergovernmental Panel on Climate Change; and 30
9696 HOUSE BILL 640 3
9797
9898
9999 (iv) the consistency of the application with the State’s climate 1
100100 commitments for reducing statewide greenhouse gas emissions, including those specified 2
101101 in Title 2, Subtitle 12 of the Environment Article. 3
102102
103103 (f) For the construction of an overhead transmission line, in addition to the 4
104104 considerations listed in subsection (e) of this section, the Commission shall: 5
105105
106106 (1) take final action on an application for a certificate of public convenience 6
107107 and necessity only after due consideration of: 7
108108
109109 (i) the need to meet existing and future demand for electric service; 8
110110 and 9
111111
112112 (ii) for construction related to a new overhead transmission line, the 10
113113 alternative routes that the applicant considered, including: 11
114114
115115 1. the estimated capital and operating costs of each 12
116116 alternative route and a statement of the reason why the alternative route was rejected; 13
117117 AND 14
118118
119119 2. THE IMPACT OF THE PR OPOSED OVERHEAD 15
120120 TRANSMISSION LINE ON PROPERTIES THAT ARE IN THE ALTERNATIVE R OUTE AND 16
121121 SUBJECT TO AN EXISTI NG CONSERVATION EASE MENT; 17
122122
123123 (2) require as an ongoing condition of the certificate of public convenience 18
124124 and necessity that an applicant comply with: 19
125125
126126 (i) all relevant agreements with PJM Interconnection, L.L.C., or its 20
127127 successors, related to the ongoing operation and maintenance of the overhead transmission 21
128128 line; and 22
129129
130130 (ii) all obligations imposed by the North America Electric Reliability 23
131131 Council and the Federal Energy Regulatory Commission related to the ongoing operation 24
132132 and maintenance of the overhead transmission line; [and] 25
133133
134134 (3) require the applicant to identify whether the overhead transmission 26
135135 line is proposed to be constructed on: 27
136136
137137 (i) an existing brownfields site; 28
138138
139139 (ii) property that is subject to an existing easement; or 29
140140
141141 (iii) a site where a tower structure or components of a tower structure 30
142142 used to support an overhead transmission line exist; AND 31
143143
144144 (4) REQUIRE THE APPLICAN T TO: 32 4 HOUSE BILL 640
145145
146146
147147
148148 (I) MINIMIZE THE IMPACT ON PROPERTIES THAT A RE IN THE 1
149149 PROPOSED OVERHEAD TR ANSMISSION LINE ROUT E AND SUBJECT TO AN EXISTING 2
150150 CONSERVATION EASEMENT ; OR 3
151151
152152 (II) CHANGE THE PROPOSED OVERHEAD TRANSMISSIO N LINE 4
153153 ROUTE TO MINIMIZE TH E IMPACT ON PROPERTI ES THAT ARE IN THE P ROPOSED 5
154154 ROUTE AND SUBJECT TO AN EXISTING CONSERVA TION EASEMENT . 6
155155
156156 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
157157 October 1, 2025. 8
158158