EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0640*
HOUSE BILL 640
C5 5lr1266
CF SB 34
By: Delegates Guyton, Allen, Fair, Griffith, A. Johnson, S. Johnson, Kerr, Kipke,
Lehman, Mangione, McComas, Miller, Pasteur, Patterson, Phillips, Pippy,
Rose, Ruth, Stonko, Tomlinson, and White Holland
Introduced and read first time: January 23, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Certificate of Public Convenience and Necessity – Overhead Transmission Lines 2
– Conservation Easements 3
FOR the purpose of requiring the Public Service Commission to consider the impact of the 4
development of overhead transmission lines on certain properties subject to an 5
existing conservation easement in certain proceedings for a certificate of public 6
convenience and necessity; requiring the Commission to require an applicant for a 7
certificate of public convenience and necessity for the development of overhead 8
transmission lines to consider alternative routes for transmission lines affecting 9
conservation easements or alter proposed routes; and generally relating to 10
certificates of public convenience and necessity. 11
BY repealing and reenacting, without amendments, 12
Article – Public Utilities 13
Section 7–207(e) 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 7–207(f) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Public Utilities 24
2 HOUSE BILL 640
7–207. 1
(e) The Commission shall take final action on an application for a certificate of 2
public convenience and necessity only after due consideration of: 3
(1) the recommendation of the governing body of each county or municipal 4
corporation in which any portion of the construction of the generating station, overhead 5
transmission line, or qualified generator lead line is proposed to be located; 6
(2) the effect of the generating station, overhead transmission line, or 7
qualified generator lead line on: 8
(i) the stability and reliability of the electric system; 9
(ii) economics; 10
(iii) esthetics; 11
(iv) historic sites; 12
(v) aviation safety as determined by the Maryland Aviation 13
Administration and the administrator of the Federal Aviation Administration; 14
(vi) when applicable, air quality and water pollution; and 15
(vii) the availability of means for the required timely disposal of 16
wastes produced by any generating station; 17
(3) the effect of climate change on the generating station, overhead 18
transmission line, or qualified generator lead line based on the best available scientific 19
information recognized by the Intergovernmental Panel on Climate Change; and 20
(4) for a generating station: 21
(i) the consistency of the application with the comprehensive plan 22
and zoning of each county or municipal corporation where any portion of the generating 23
station is proposed to be located; 24
(ii) the efforts to resolve any issues presented by a county or 25
municipal corporation where any portion of the generating station is proposed to be located; 26
(iii) the impact of the generating station on the quantity of annual 27
and long–term statewide greenhouse gas emissions, measured in the manner specified in § 28
2–1202 of the Environment Article and based on the best available scientific information 29
recognized by the Intergovernmental Panel on Climate Change; and 30
HOUSE BILL 640 3
(iv) the consistency of the application with the State’s climate 1
commitments for reducing statewide greenhouse gas emissions, including those specified 2
in Title 2, Subtitle 12 of the Environment Article. 3
(f) For the construction of an overhead transmission line, in addition to the 4
considerations listed in subsection (e) of this section, the Commission shall: 5
(1) take final action on an application for a certificate of public convenience 6
and necessity only after due consideration of: 7
(i) the need to meet existing and future demand for electric service; 8
and 9
(ii) for construction related to a new overhead transmission line, the 10
alternative routes that the applicant considered, including: 11
1. the estimated capital and operating costs of each 12
alternative route and a statement of the reason why the alternative route was rejected; 13
AND 14
2. THE IMPACT OF THE PR OPOSED OVERHEAD 15
TRANSMISSION LINE ON PROPERTIES THAT ARE IN THE ALTERNATIVE R OUTE AND 16
SUBJECT TO AN EXISTI NG CONSERVATION EASE MENT; 17
(2) require as an ongoing condition of the certificate of public convenience 18
and necessity that an applicant comply with: 19
(i) all relevant agreements with PJM Interconnection, L.L.C., or its 20
successors, related to the ongoing operation and maintenance of the overhead transmission 21
line; and 22
(ii) all obligations imposed by the North America Electric Reliability 23
Council and the Federal Energy Regulatory Commission related to the ongoing operation 24
and maintenance of the overhead transmission line; [and] 25
(3) require the applicant to identify whether the overhead transmission 26
line is proposed to be constructed on: 27
(i) an existing brownfields site; 28
(ii) property that is subject to an existing easement; or 29
(iii) a site where a tower structure or components of a tower structure 30
used to support an overhead transmission line exist; AND 31
(4) REQUIRE THE APPLICAN T TO: 32 4 HOUSE BILL 640
(I) MINIMIZE THE IMPACT ON PROPERTIES THAT A RE IN THE 1
PROPOSED OVERHEAD TR ANSMISSION LINE ROUT E AND SUBJECT TO AN EXISTING 2
CONSERVATION EASEMENT ; OR 3
(II) CHANGE THE PROPOSED OVERHEAD TRANSMISSIO N LINE 4
ROUTE TO MINIMIZE TH E IMPACT ON PROPERTI ES THAT ARE IN THE P ROPOSED 5
ROUTE AND SUBJECT TO AN EXISTING CONSERVA TION EASEMENT . 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2025. 8