EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0645*
HOUSE BILL 645
C5, L6 5lr2342
CF 5lr1303
By: Delegate Guyton
Introduced and read first time: January 23, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Transmission Line Siting – Comprehensive Plan, Recommendation, and 2
Reporting Requirements 3
FOR the purpose of requiring each county and Baltimore City to update its comprehensive 4
plan to include an electric system planning element; requiring each electric company 5
serving a county or Baltimore City to report to that county or the City regarding the 6
electric company’s compliance with certain provisions of the county’s or City’s electric 7
system planning element; requiring the Public Service Commission to consider 8
county and municipal government recommendations and certain applicant 9
considerations for an application for a certificate of public convenience and necessity 10
for the construction of certain overhead transmission lines; requiring each electric 11
company to submit a report on electricity demand to the Commission each year; and 12
generally relating to transmission line construction and siting in the State. 13
BY repealing and reenacting, without amendments, 14
Article – Land Use 15
Section 1–401(b)(1), 1–402(b), and 10–103(b)(9) 16
Annotated Code of Maryland 17
(2012 Volume and 2024 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Land Use 20
Section 1–406(a) and 3–102(a) 21
Annotated Code of Maryland 22
(2012 Volume and 2024 Supplement) 23
BY adding to 24
Article – Land Use 25
Section 1–413 and 3–115 26
Annotated Code of Maryland 27
(2012 Volume and 2024 Supplement) 28 2 HOUSE BILL 645
BY repealing and reenacting, with amendments, 1
Article – Public Utilities 2
Section 7–207(e) and (f) and 7–802 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2024 Supplement) 5
BY adding to 6
Article – Public Utilities 7
Section 7–802.1 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Land Use 13
1–401. 14
(b) The following provisions of this division apply to a charter county: 15
(1) this subtitle, including Parts II and III (Charter county 16
– Comprehensive plans); 17
1–402. 18
(b) A code county that chooses to exercise the powers relating to land use stated 19
in Title 10 of the Local Government Article shall be treated as a charter county for purposes 20
of § 1–401 of this subtitle. 21
1–406. 22
(a) (1) The planning commission for a charter county shall include in the 23
comprehensive or general plan the visions under § 1–201 of this title and the following 24
elements: 25
(i) a development regulations element; 26
(ii) a housing element; 27
(iii) a sensitive areas element; 28
(iv) a transportation element; [and] 29
(v) a water resources element; AND 30
HOUSE BILL 645 3
(VI) AN ELECTRIC SYSTEM P LANNING ELEMENT . 1
(2) If current geological information is available, the plan shall include a 2
mineral resources element. 3
1–413. 4
(A) IN THIS SECTION, “ELECTRIC COMPANY ” HAS THE MEANING STAT ED IN 5
§ 1–101 OF THE PUBLIC UTILITIES ARTICLE. 6
(B) TO MINIMIZE THE IMPAC T OF FUTURE TRANSMIS SION LINE 7
DEVELOPMENT IN THE STATE, AN ELECTRIC SYSTEM P LANNING ELEMENT SHAL L: 8
(1) DEVELOP OR IDENTIFY TRANSMISSION LINE CORRIDORS IN THE 9
COUNTY; 10
(2) DEVELOP A FUTURE SCE NARIO PLAN FOR THE B UILDOUT OF 11
HIGH–ENERGY USE TRANSMISS ION LINES IN THE COU NTY; 12
(3) ALIGN THE DEVELOPMEN T OF TRANSMISSION LI NE CORRIDORS 13
WITH: 14
(I) APPROVED AND PLANNED HIGH–ENERGY USE FACILITY 15
GROWTH; 16
(II) ELECTRICITY NEEDS ; AND 17
(III) RELIABILITY CONCERNS ; 18
(4) ESTABLISH AS A PRIOR ITY THE SITING OF HI GH–ENERGY USE 19
FACILITIES NEAR TRAN SMISSION LINE CORRID ORS IDENTIFIED BY TH E PLAN TO 20
MINIMIZE THE NEED FO R ADDITIONAL TRANSMI SSION LINE INFRASTRUCTURE ; AND 21
(5) SUPPORT: 22
(I) THE CO–LOCATION OF PROPOSED TRANSMISSION LINES 23
WITH EXISTING INFRAS TRUCTURE; 24
(II) BUILDING UNDERGROUND TRANSMISSION LINES W ITHIN 25
EXISTING OVERHEAD TR ANSMISSION LINE RIGH TS–OF–WAY; 26
(III) BUILDING UNDERGROU ND TRANSMISSION LINE S INSTEAD 27
OF OVERHEAD TRANSMIS SION LINES ALONG NEW ROUTES; 28
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(IV) RECONDUCTORING AND L INE CAPACITY UPGRADE S FOR 1
EXISTING TRANSMISSIO N LINES; AND 2
(V) INCORPORATING ELECTR IC DISTRIBUTION SYST EM 3
ENHANCING TECHNOLOGI ES INTO THE ELECTR IC DISTRIBUTION SYST EM. 4
(C) A COUNTY SHALL CONSULT WITH THE PUBLIC SERVICE COMMISSION IN 5
DEVELOPING AN ELECTR IC SYSTEM PLANNING E LEMENT. 6
(D) ON OR BEFORE JANUARY 1, 2026, AND EACH YEAR THEREA FTER, EACH 7
ELECTRIC COMPANY PRO VIDING SERVICE IN A COUNTY SHA LL REPORT TO THAT 8
COUNTY ON THE ELECTR IC COMPANY’S EFFORTS TO COMPLY WITH SUBSECTION 9
(B)(5) OF THIS SECTION. 10
3–102. 11
(a) (1) The planning commission for a local jurisdiction shall include in the 12
comprehensive plan the following elements: 13
(i) a community facilities element; 14
(ii) an area of critical State concern element; 15
(iii) a goals and objectives element; 16
(iv) a housing element; 17
(v) a land use element; 18
(vi) a development regulations element; 19
(vii) a sensitive areas element; 20
(viii) a transportation element; and 21
(ix) a water resources element. 22
(2) If current geological information is available, the plan shall include a 23
mineral resources element. 24
(3) The plan for a municipal corporation that exercises zoning authority 25
shall include a municipal growth element. 26
(4) The plan for a county that is located on the tidal waters of the State 27
shall include a fisheries element. 28
HOUSE BILL 645 5
(5) THE PLAN FOR A COUNTY SHALL INCLUDE AN ELE CTRIC SYSTEM 1
PLANNING ELEMENT . 2
3–115. 3
(A) IN THIS SECTION, “ELECTRIC COMPANY ” HAS THE MEANING STAT ED IN 4
§ 1–101 OF THE PUBLIC UTILITIES ARTICLE. 5
(B) TO MINIMIZE THE IMPAC T OF FUTURE TRANSMIS SION LINE 6
DEVELOPMENT IN THE STATE, AN ELECTRIC SYSTEM P LANNING ELEMENT SHAL L: 7
(1) DEVELOP OR IDENTIFY TRANSMISSION LINE CO RRIDORS IN THE 8
COUNTY; 9
(2) DEVELOP A FUTURE SCE NARIO PLAN FOR THE B UILDOUT OF 10
HIGH–ENERGY USE TRANSMISS ION LINES IN THE COU NTY; 11
(3) ALIGN THE DEVELOPMEN T OF TRANSMISSION LI NE CORRIDORS 12
WITH: 13
(I) APPROVED AND PLANNED HIGH–ENERGY USE FACILITY 14
GROWTH; 15
(II) ELECTRICITY NEEDS ; AND 16
(III) RELIABILITY CONCERNS ; 17
(4) ESTABLISH AS A PRIOR ITY THE SITING OF HI GH–ENERGY USE 18
FACILITIES NEAR TRAN SMISSION LINE CORRID ORS IDENTIFIED BY TH E PLAN TO 19
MINIMIZE THE NEED FO R ADDITIONAL TRANS MISSION LINE INFRAST RUCTURE; AND 20
(5) SUPPORT: 21
(I) THE CO–LOCATION OF PROPOSED TRANSMISSION LINES 22
WITH EXISTING INFRAS TRUCTURE; 23
(II) BUILDING UNDERGROUND TRANSMISSION LINES W ITHIN 24
EXISTING OVERHEAD TR ANSMISSION LINE RIGH TS–OF–WAY; 25
(III) BUILDING UNDERGROUND TRANSMISSION LINES I NSTEAD 26
OF OVERHEAD TRANSMIS SION LINES ALONG NEW ROUTES; 27
6 HOUSE BILL 645
(IV) RECONDUCTORING AND L INE CAPACITY UPGRADE S FOR 1
EXISTING TRANSMISSIO N LINES; AND 2
(V) INCORPORATING ELECTR IC DISTRIBUTION SYST EM 3
ENHANCING TECHNOLOGI ES INTO THE ELECTRIC DISTRIBUTION SYSTEM . 4
(C) A COUNTY SHALL CONSULT WITH THE PUBLIC SERVICE COMMISSION IN 5
DEVELOPING AN ELECTR IC SYSTEM PLANNING E LEMENT. 6
(D) ON OR BEFORE JANUARY 1, 2026, AND EACH YEAR THEREA FTER, EACH 7
ELECTRIC COMPANY PRO VIDING SERVICE TO A COUNTY SHALL REPORT TO THAT 8
COUNTY ON THE ELECTR IC COMPANY’S EFFORTS TO COMPLY WITH SUBSECTION 9
(B)(5) OF THIS SECTION. 10
10–103. 11
(b) The following provisions of this division apply to Baltimore City: 12
(9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties – 13
Comprehensive Plans; Implementation); 14
Article – Public Utilities 15
7–207. 16
(e) The Commission shall take final action on an application for a certificate of 17
public convenience and necessity only after due consideration of: 18
(1) (I) the recommendation of the governing body of each county or 19
municipal corporation in which any portion of the construction of the generating station[, 20
overhead transmission line,] or qualified generator lead line is proposed to be located; OR 21
(II) FOR CONSTRUCTION RELA TED TO A NEW OVERHEA D 22
TRANSMISSION LINE , THE RECOMMENDATION O F EACH COUNTY OR MUN ICIPAL 23
CORPORATION IN WHICH ANY PORTION OF THE C ONSTRUCTION OF THE O VERHEAD 24
TRANSMISSION LINE IS PROPOSED TO BE LOCAT ED, INCLUDING A 25
RECOMMENDATION OF TH E COUNTY OR MUNICIPAL CORPORATION AS TO WH ETHER 26
EXISTING INFRASTRUCT URE, RIGHTS–OF–WAY, OR TRANSMISSION LINE CORRIDORS 27
CAN BE USED TO ACCOM PLISH THE APPLICANT ’S GOAL RATHER THAN 28
CONSTRUCTING A NEW O VERHEAD TRANSMISSION LINE; 29
(2) the effect of the generating station, overhead transmission line, or 30
qualified generator lead line on: 31
(i) the stability and reliability of the electric system; 32 HOUSE BILL 645 7
(ii) economics; 1
(iii) esthetics; 2
(iv) historic sites; 3
(v) aviation safety as determined by the Maryland Aviation 4
Administration and the administrator of the Federal Aviation Administration; 5
(vi) when applicable, air quality and water pollution; and 6
(vii) the availability of means for the required timely disposal of 7
wastes produced by any generating station; 8
(3) the effect of climate change on the generating station, overhead 9
transmission line, or qualified generator lead line based on the best available scientific 10
information recognized by the Intergovernmental Panel on Climate Change; and 11
(4) for a generating station: 12
(i) the consistency of the application with the comprehensive plan 13
and zoning of each county or municipal corporation where any portion of the generating 14
station is proposed to be located; 15
(ii) the efforts to resolve any issues presented by a county or 16
municipal corporation where any portion of the generating station is proposed to be located; 17
(iii) the impact of the generating station on the quantity of annual 18
and long–term statewide greenhouse gas emissions, measured in the manner specified in § 19
2–1202 of the Environment Article and based on the best available scientific information 20
recognized by the Intergovernmental Panel on Climate Change; and 21
(iv) the consistency of the application with the State’s climate 22
commitments for reducing statewide greenhouse gas emissions, including those specified 23
in Title 2, Subtitle 12 of the Environment Article. 24
(f) For the construction of an overhead transmission line, in addition to the 25
considerations listed in subsection (e) of this section, the Commission shall: 26
(1) take final action on an application for a certificate of public convenience 27
and necessity only after due consideration of: 28
(i) the need to meet existing and future demand for electric service; 29
and 30
(ii) for construction related to a new overhead transmission line[,]: 31 8 HOUSE BILL 645
1. the alternative routes that the applicant considered, 1
including the estimated capital and operating costs of each alternative route and a 2
statement of the reason why the alternative route was rejected; AND 3
2. ANY EXISTING INFRAST RUCTURE, RIGHTS–OF–WAY, 4
OR TRANSMISSION LINE CORRIDORS THE APPLIC ANT CONSIDERED , INCLUDING THE 5
ESTIMATED CAPITAL AN D OPERATING COSTS OF USING EACH EXISTING ROUTE AND 6
A STATEMENT DETAILIN G THE REASON S WHY THE EXISTING R OUTE WAS REJECTED ; 7
(2) require as an ongoing condition of the certificate of public convenience 8
and necessity that an applicant comply with: 9
(i) all relevant agreements with PJM Interconnection, L.L.C., or its 10
successors, related to the ongoing operation and maintenance of the overhead transmission 11
line; and 12
(ii) all obligations imposed by the North America Electric Reliability 13
Council and the Federal Energy Regulatory Commission related to the ongoing operation 14
and maintenance of the overhead transmission line; and 15
(3) require the applicant to identify whether the overhead transmission 16
line is proposed to be constructed on: 17
(i) an existing brownfields site; 18
(ii) property that is subject to an existing easement; or 19
(iii) a site where a tower structure or components of a tower structure 20
used to support an overhead transmission line exist. 21
7–802. 22
(A) On or before December 1, 2024, and each December 1 thereafter, the 23
Commission shall submit a report, in accordance with § 2–1257 of the State Government 24
Article, to the General Assembly with information regarding the current status of projects 25
designed to promote the goals identified in this section, including information on planning 26
processes and implementation that promote, as specific goals, the following: 27
(1) measures to decrease greenhouse gas emissions incident to electric 28
distribution, including high levels of distributed energy resources and electric vehicles; 29
(2) giving priority to vulnerable communities in the development of 30
distributed energy resources and electric vehicle infrastructure; 31
(3) energy efficiency; 32 HOUSE BILL 645 9
(4) meeting anticipated increases in load; 1
(5) incorporation of energy storage technology as appropriate and prudent 2
to: 3
(i) support efficiency and reliability of the electric system; and 4
(ii) provide additional capacity to accommodate increased 5
distributed renewable electricity generation in connection with electric transmission and 6
distribution system modernization; 7
(6) efficient management of load variability; 8
(7) electric system resiliency and reliability; 9
(8) bidirectional power flows; 10
(9) demand response and other nonwire and noncapital alternatives; 11
(10) increased use of distributed energy resources, including electric 12
vehicles; 13
(11) transparent stakeholder participation in ongoing electric system 14
planning processes; and 15
(12) any other issues the Commission considers appropriate. 16
(B) BEGINNING DECEMBER 1, 2025, THE COMMISSION SHALL INCL UDE THE 17
INFORMATION RECEIVED FR OM THE ELECTRIC COMP ANY REPORTS SUBMITTE D TO 18
THE COMMISSION UNDER § 7–802.1 OF THIS SUBTITLE IN THE REPORT REQUIRED 19
UNDER SUBSECTION (A) OF THIS SECTION. 20
7–802.1. 21
ON OR BEFORE OCTOBER 1, 2025, AND EACH OCTOBER 1 THEREAFTER , EACH 22
ELECTRIC COMPANY SHA LL SUBMIT A REPORT T O THE COMMISSION ON HOW THE 23
ELECTRIC COMPANY IS ADDRESSING GROWING E LECTRICITY DEMAND AN D 24
PROJECTS RELATED TO MEETING THAT DEMAND , INCLUDING: 25
(1) THE ELECTRIC COMPANY ’S FORECASTED LOAD GR OWTH; 26
(2) THE ELECTRIC COMPANY’S ASSESSMENT OF WHAT RESOURCES 27
ARE AVAILABLE TO THE ELECTRIC COMPANY TO MEET THE FORECASTED LOAD; 28
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(3) THE AREAS FROM WHICH THE ELECTRIC COMPANY ANTICIPATES 1
THE EXPECTED INCREAS ED DEMAND TO COME , INCLUDING THE AMOUNT OF 2
INCREASED DEMAND EXP ECTED IN THOSE AREAS; 3
(4) THE ELECTRIC COMPANY ’S PLANS TO MEET GROW ING 4
ELECTRICITY DEMAND ; 5
(5) ANTICIPATED IMPACTS OF FEDERAL AND STATE REGULATIONS 6
ON ELECTRICITY DEMAN D AND FORECASTED LOA D; 7
(6) THE ELECTRIC COMPANY ’S USE OF DEMAND RESP ONSE 8
PRACTICES; 9
(7) A COMPREHENSIVE EVAL UATION OF ANY INITIA TIVES THE 10
ELECTRIC COMPANY IS TAKING TO CONNECT TIER 1 RENEWABLE SOURCES AT THE 11
DISTRIBUTION LEVEL T O REDUCE STRESS ON T HE ELECTRIC DISTRIBU TION 12
SYSTEM; AND 13
(8) A LIST OF PROJECTS T HE ELECTRIC COMPANY IS WORKING ON 14
THAT REQUIRE APPROVA L BY PJM INTERCONNECTION , L.L.C. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2025. 17