Old | New | Differences | |
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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 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *hb0829* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 829 | |
11 | 8 | C5 5lr1782 | |
12 | 9 | ||
13 | 10 | By: Delegate Charkoudian | |
14 | 11 | Introduced and read first time: January 29, 2025 | |
15 | 12 | Assigned to: Economic Matters | |
16 | - | Committee Report: Favorable with amendments | |
17 | - | House action: Adopted | |
18 | - | Read second time: March 7, 2025 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | 18 | Public Utilities – Transmission Lines – Advanced Transmission Technologies 2 | |
25 | 19 | ||
26 | 20 | FOR the purpose of altering the definition of “qualified generator lead line” for purposes of 3 | |
27 | 21 | provisions of law regarding certificates of public convenience and necessity; requiring 4 | |
28 | 22 | an applicant for a certificate of public convenience and necessity for the construction 5 | |
29 | - | of an overhead transmission line to include certain analyses information in its 6 | |
30 | - | application; requiring the Public Service Commission to consider certain alternatives 7 | |
31 | - | evidence before taking final action on an application for a certificate of public 8 | |
32 | - | convenience and necessity for the construction of an overhead transmission line; 9 | |
33 | - | requiring each owner or operator of an overhead transmission line to submit certain 10 | |
34 | - | reports to the Commission; and generally relating to overhead transmission lines 11 | |
35 | - | and advanced transmission technologies. 12 | |
23 | + | of an overhead transmission line to include certain analyses; requiring the Public 6 | |
24 | + | Service Commission to consider certain alternatives before taking final action on an 7 | |
25 | + | application for a certificate of public convenience and necessity for the construction 8 | |
26 | + | of an overhead transmission line; requiring each owner or operator of an overhead 9 | |
27 | + | transmission line to submit certain reports to the Commission; and generally 10 | |
28 | + | relating to overhead transmission lines and advanced transmission technologies. 11 | |
36 | 29 | ||
37 | - | BY repealing and reenacting, with amendments, | |
38 | - | Article – Public Utilities | |
39 | - | Section 7–207(a), (b), and (f) | |
40 | - | Annotated Code of Maryland | |
41 | - | (2020 Replacement Volume and 2024 Supplement) | |
30 | + | BY repealing and reenacting, with amendments, 12 | |
31 | + | Article – Public Utilities 13 | |
32 | + | Section 7–207(a), (b), and (f) 14 | |
33 | + | Annotated Code of Maryland 15 | |
34 | + | (2020 Replacement Volume and 2024 Supplement) 16 | |
42 | 35 | ||
43 | - | BY adding to 18 | |
44 | - | Article – Public Utilities 19 | |
45 | - | Section 7–207.4 20 | |
46 | - | Annotated Code of Maryland 21 | |
47 | - | (2020 Replacement Volume and 2024 Supplement) 22 | |
36 | + | BY adding to 17 | |
37 | + | Article – Public Utilities 18 | |
38 | + | Section 7–207.4 19 | |
39 | + | Annotated Code of Maryland 20 | |
40 | + | (2020 Replacement Volume and 2024 Supplement) 21 | |
41 | + | ||
42 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22 | |
43 | + | That the Laws of Maryland read as follows: 23 | |
44 | + | ||
45 | + | Article – Public Utilities 24 | |
46 | + | ||
47 | + | 7–207. 25 | |
48 | 48 | 2 HOUSE BILL 829 | |
49 | 49 | ||
50 | 50 | ||
51 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
52 | - | That the Laws of Maryland read as follows: 2 | |
51 | + | (a) (1) In this section the following words have the meanings indicated. 1 | |
53 | 52 | ||
54 | - | Article – Public Utilities 3 | |
53 | + | (2) (I) “ADVANCED TRANSMISSION TECHNOLOGIES ” MEANS 2 | |
54 | + | INFRASTRUCTURE , HARDWARE , OR SOFTWARE THAT INCREASES THE C APACITY, 3 | |
55 | + | EFFICIENCY, RELIABILITY, OR RESILIENCE OF A NEW OR EXISTING TRANSMISSION 4 | |
56 | + | LINE. 5 | |
55 | 57 | ||
56 | - | ||
58 | + | (II) “ADVANCED TRANSMISSION TECHNOLOGIES ” INCLUDES: 6 | |
57 | 59 | ||
58 | - | | |
60 | + | 1. GRID–ENHANCING TECHNOLOGI ES; 7 | |
59 | 61 | ||
60 | - | (2) (I) “ADVANCED TRANSMISSION TECHNOLOGIES ” MEANS 6 | |
61 | - | INFRASTRUCTURE , HARDWARE , OR SOFTWARE THAT INC REASES THE CAPACITY , 7 | |
62 | - | EFFICIENCY, RELIABILITY, OR RESILIENCE OF A N EW OR EXISTING TRANS MISSION 8 | |
63 | - | LINE FACILITY. 9 | |
62 | + | 2. HIGH–PERFORMANCE CONDUCTO RS; AND 8 | |
64 | 63 | ||
65 | - | | |
64 | + | 3. STORAGE USED AS TRAN SMISSION. 9 | |
66 | 65 | ||
67 | - | | |
66 | + | (3) “Brownfields site” means: 10 | |
68 | 67 | ||
69 | - | 2. HIGH–PERFORMANCE CONDUCTO RS; AND 12 | |
68 | + | (i) a former industrial or commercial site identified by federal or 11 | |
69 | + | State laws or regulation as contaminated or polluted; 12 | |
70 | 70 | ||
71 | - | 3. STORAGE USED AS TRAN SMISSION. 13 | |
71 | + | (ii) a closed landfill regulated by the Department of the 13 | |
72 | + | Environment; or 14 | |
72 | 73 | ||
73 | - | ( | |
74 | + | (iii) mined land. 15 | |
74 | 75 | ||
75 | - | (i) a former industrial or commercial site identified by federal or 15 | |
76 | - | State laws or regulation as contaminated or polluted; 16 | |
76 | + | [(3)] (4) (i) “Construction” means: 16 | |
77 | 77 | ||
78 | - | | |
79 | - | ||
78 | + | 1. any physical change at a site, including fabrication, 17 | |
79 | + | erection, installation, or demolition; or 18 | |
80 | 80 | ||
81 | - | (iii) mined land. 19 | |
81 | + | 2. the entry into a binding agreement or contractual 19 | |
82 | + | obligation to purchase equipment exclusively for use in construction in the State or to 20 | |
83 | + | undertake a program of actual construction in the State which cannot be canceled or 21 | |
84 | + | modified without substantial loss to the owner or operator of the proposed generating 22 | |
85 | + | station. 23 | |
82 | 86 | ||
83 | - | [(3)] (4) (i) “Construction” means: 20 | |
87 | + | (ii) “Construction” does not include a change that is needed for the 24 | |
88 | + | temporary use of a site or route for nonutility purposes or for use in securing geological 25 | |
89 | + | data, including any boring that is necessary to ascertain foundation conditions. 26 | |
84 | 90 | ||
85 | - | 1. any physical change at a site, including fabrication, 21 | |
86 | - | erection, installation, or demolition; or 22 | |
91 | + | [(4)] (5) “Generating station” does not include: 27 | |
87 | 92 | ||
88 | - | 2. the entry into a binding agreement or contractual 23 | |
89 | - | obligation to purchase equipment exclusively for use in construction in the State or to 24 | |
90 | - | undertake a program of actual construction in the State which cannot be canceled or 25 | |
91 | - | modified without substantial loss to the owner or operator of the proposed generating 26 | |
92 | - | station. 27 | |
93 | + | (i) a generating unit or facility that: 28 | |
93 | 94 | ||
94 | - | (ii) “Construction” does not include a change that is needed for the 28 | |
95 | - | temporary use of a site or route for nonutility purposes or for use in securing geological 29 | |
96 | - | data, including any boring that is necessary to ascertain foundation conditions. 30 HOUSE BILL 829 3 | |
95 | + | 1. is used for the production of electricity; 29 | |
96 | + | HOUSE BILL 829 3 | |
97 | + | ||
98 | + | ||
99 | + | 2. has the capacity to produce not more than 2 megawatts of 1 | |
100 | + | alternating current; and 2 | |
101 | + | ||
102 | + | 3. is installed with equipment that prevents the flow of 3 | |
103 | + | electricity to the electric grid during time periods when the electric grid is out of service; 4 | |
104 | + | ||
105 | + | (ii) a combination of two or more generating units or facilities that: 5 | |
106 | + | ||
107 | + | 1. are used for the production of electricity from a solar 6 | |
108 | + | photovoltaic system or an eligible customer–generator that is subject to the provisions of § 7 | |
109 | + | 7–306 of this title; 8 | |
110 | + | ||
111 | + | 2. are located on the same property or adjacent properties; 9 | |
112 | + | ||
113 | + | 3. have the capacity to produce, when calculated 10 | |
114 | + | cumulatively for all generating units or facilities on the property or adjacent property, more 11 | |
115 | + | than 2 megawatts but not more than 14 megawatts of alternating current; and 12 | |
116 | + | ||
117 | + | 4. for each individual generating unit or facility: 13 | |
118 | + | ||
119 | + | A. has the capacity to produce not more than 2 megawatts of 14 | |
120 | + | alternating current; 15 | |
121 | + | ||
122 | + | B. is separately metered by the electric company; and 16 | |
123 | + | ||
124 | + | C. does not export electricity for sale on the wholesale market 17 | |
125 | + | under an agreement with PJM Interconnection, LLC; 18 | |
126 | + | ||
127 | + | (iii) a generating unit or facility that: 19 | |
128 | + | ||
129 | + | 1. is used for the production of electricity for the purpose of: 20 | |
130 | + | ||
131 | + | A. onsite emergency backup at a facility when service from 21 | |
132 | + | the electric company is interrupted due to electric distribution or transmission system 22 | |
133 | + | failure or when there is equipment failure at a site where critical infrastructure is located; 23 | |
134 | + | and 24 | |
135 | + | ||
136 | + | B. test and maintenance operations necessary to ensure 25 | |
137 | + | functionality of the generating unit or facility in the event of a service interruption from 26 | |
138 | + | the electric company due to electric distribution or transmission system failure or when 27 | |
139 | + | there is equipment failure at a site where critical infrastructure is located; 28 | |
140 | + | ||
141 | + | 2. is installed with equipment that prevents the flow of 29 | |
142 | + | electricity to the electric grid; 30 | |
143 | + | ||
144 | + | 3. is subject to a permit to construct issued by the 31 | |
145 | + | Department of the Environment; and 32 4 HOUSE BILL 829 | |
97 | 146 | ||
98 | 147 | ||
99 | 148 | ||
100 | - | [(4)] (5) “Generating station” does not include: 1 | |
149 | + | 4. is installed at a facility that is part of critical 1 | |
150 | + | infrastructure if the facility complies with all applicable regulations regarding noise level 2 | |
151 | + | and testing hours; or 3 | |
101 | 152 | ||
102 | - | (i) a generating unit or facility that: 2 | |
153 | + | (iv) a combination of two or more generating units or facilities that 4 | |
154 | + | satisfy item (iii) of this paragraph. 5 | |
103 | 155 | ||
104 | - | 1. is used for the production of electricity; 3 | |
156 | + | [(5)] (6) (i) “Mined land” means the surface or subsurface of an area 6 | |
157 | + | in which surface mining operations will be, are being, or have been conducted. 7 | |
105 | 158 | ||
106 | - | 2. has the capacity to produce not more than 2 megawatts of 4 | |
107 | - | alternating current; and 5 | |
159 | + | (ii) “Mined land” includes: 8 | |
108 | 160 | ||
109 | - | | |
110 | - | ||
161 | + | 1. private ways and roads used for mining appurtenant to 9 | |
162 | + | any surface mining area; 10 | |
111 | 163 | ||
112 | - | | |
164 | + | 2. land excavations; 11 | |
113 | 165 | ||
114 | - | 1. are used for the production of electricity from a solar 9 | |
115 | - | photovoltaic system or an eligible customer–generator that is subject to the provisions of § 10 | |
116 | - | 7–306 of this title; 11 | |
166 | + | 3. workings; and 12 | |
117 | 167 | ||
118 | - | | |
168 | + | 4. overburden. 13 | |
119 | 169 | ||
120 | - | 3. have the capacity to produce, when calculated 13 | |
121 | - | cumulatively for all generating units or facilities on the property or adjacent property, more 14 | |
122 | - | than 2 megawatts but not more than 14 megawatts of alternating current; and 15 | |
170 | + | [(6)] (7) “Qualified generator lead line” means an overhead transmission 14 | |
171 | + | line [that is] designed to carry, OR AN ADVANCED TRANS MISSION TECHNOLOGY THAT 15 | |
172 | + | SUPPORTS THE CARRYING OF , a voltage in excess of 69,000 volts and would allow an 16 | |
173 | + | out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric 17 | |
174 | + | system in Maryland that is owned by an electric company. 18 | |
123 | 175 | ||
124 | - | 4. for each individual generating unit or facility: 16 | |
176 | + | (b) (1) (i) Unless a certificate of public convenience and necessity for the 19 | |
177 | + | construction is first obtained from the Commission, a person may not begin construction in 20 | |
178 | + | the State of: 21 | |
125 | 179 | ||
126 | - | A. has the capacity to produce not more than 2 megawatts of 17 | |
127 | - | alternating current; 18 | |
180 | + | 1. a generating station; or 22 | |
128 | 181 | ||
129 | - | | |
182 | + | 2. a qualified generator lead line. 23 | |
130 | 183 | ||
131 | - | C. does not export electricity for sale on the wholesale market 20 | |
132 | - | under an agreement with PJM Interconnection, LLC; 21 | |
184 | + | (ii) If a person obtains Commission approval for construction under 24 | |
185 | + | § 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 25 | |
186 | + | obtain a certificate of public convenience and necessity under this section. 26 | |
133 | 187 | ||
134 | - | (iii) a generating unit or facility that: 22 | |
188 | + | (iii) Notwithstanding subparagraph (i) of this paragraph, a person 27 | |
189 | + | may not apply to obtain a certificate of public convenience and necessity for construction of 28 | |
190 | + | a qualified generator lead line unless: 29 | |
135 | 191 | ||
136 | - | 1. is used for the production of electricity for the purpose of: 23 | |
137 | - | ||
138 | - | A. onsite emergency backup at a facility when service from 24 | |
139 | - | the electric company is interrupted due to electric distribution or transmission system 25 | |
140 | - | failure or when there is equipment failure at a site where critical infrastructure is located; 26 | |
141 | - | and 27 | |
142 | - | ||
143 | - | B. test and maintenance operations necessary to ensure 28 | |
144 | - | functionality of the generating unit or facility in the event of a service interruption from 29 4 HOUSE BILL 829 | |
192 | + | 1. at least 90 days before the filing of an application for a 30 | |
193 | + | certificate of public convenience and necessity, the person had in good faith offered the 31 | |
194 | + | electric company that owns that portion of the electric grid in Maryland to which the 32 HOUSE BILL 829 5 | |
145 | 195 | ||
146 | 196 | ||
147 | - | the electric | |
148 | - | ||
197 | + | qualified generator lead line would interconnect a full and fair opportunity for the electric 1 | |
198 | + | company to construct the qualified generator lead line; and 2 | |
149 | 199 | ||
150 | - | 2. | |
151 | - | ||
200 | + | 2. at any time at least 10 days before the filing of an 3 | |
201 | + | application for a certificate of public convenience and necessity, the electric company: 4 | |
152 | 202 | ||
153 | - | 3. is subject to a permit to construct issued by the 5 | |
154 | - | Department of the Environment; and 6 | |
203 | + | A. did not accept from the person a proposal or a negotiated 5 | |
204 | + | version of the proposal under which the electric company would construct the qualified 6 | |
205 | + | generator lead line; or 7 | |
155 | 206 | ||
156 | - | 4. is installed at a facility that is part of critical 7 | |
157 | - | infrastructure if the facility complies with all applicable regulations regarding noise level 8 | |
158 | - | and testing hours; or 9 | |
207 | + | B. stated in writing that the electric company did not intend 8 | |
208 | + | to construct the qualified generator lead line. 9 | |
159 | 209 | ||
160 | - | (iv) a combination of two or more generating units or facilities that 10 | |
161 | - | satisfy item (iii) of this paragraph. 11 | |
210 | + | (2) Unless a certificate of public convenience and necessity for the 10 | |
211 | + | construction is first obtained from the Commission, and the Commission has found that the 11 | |
212 | + | capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a 12 | |
213 | + | person may not exercise a right of condemnation in connection with the construction of a 13 | |
214 | + | generating station. 14 | |
162 | 215 | ||
163 | - | [(5)] (6) (i) “Mined land” means the surface or subsurface of an area 12 | |
164 | - | in which surface mining operations will be, are being, or have been conducted. 13 | |
216 | + | (3) (i) Except as provided in paragraph (4) of this subsection, unless a 15 | |
217 | + | certificate of public convenience and necessity for the construction is first obtained from the 16 | |
218 | + | Commission, a person may not begin construction of an overhead transmission line that is 17 | |
219 | + | designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation 18 | |
220 | + | with the construction. 19 | |
165 | 221 | ||
166 | - | (ii) “Mined land” includes: 14 | |
222 | + | (ii) For construction related to an existing overhead transmission 20 | |
223 | + | line, the Commission may waive the requirement in subparagraph (i) of this paragraph for 21 | |
224 | + | good cause. 22 | |
167 | 225 | ||
168 | - | 1. private ways and roads used for mining appurtenant to 15 | |
169 | - | any surface mining area; 16 | |
226 | + | (iii) Notwithstanding subparagraph (i) of this paragraph and subject 23 | |
227 | + | to subparagraph [(iv)] (V) of this paragraph, the Commission may issue a certificate of 24 | |
228 | + | public convenience and necessity for the construction of an overhead transmission line only 25 | |
229 | + | if the applicant for the certificate of public convenience and necessity: 26 | |
170 | 230 | ||
171 | - | | |
231 | + | 1. is an electric company; or 27 | |
172 | 232 | ||
173 | - | 3. workings; and 18 | |
233 | + | 2. is or, on the start of commercial operation of the overhead 28 | |
234 | + | transmission line, will be subject to regulation as a public utility by an officer or an agency 29 | |
235 | + | of the United States. 30 | |
174 | 236 | ||
175 | - | 4. overburden. 19 | |
237 | + | (iv) AN APPLICANT FOR A CE RTIFICATE OF PUB LIC 31 | |
238 | + | CONVENIENCE AND NECE SSITY FOR THE CONSTR UCTION OF AN OVERHEAD 32 | |
239 | + | TRANSMISSION LINE SHALL INCLUDE IN ITS APPLICATION: 33 | |
176 | 240 | ||
177 | - | [(6)] (7) “Qualified generator lead line” means an overhead transmission 20 | |
178 | - | line [that is] designed to carry, OR AN ADVANCED TRANS MISSION TECHNOLOGY T HAT 21 | |
179 | - | SUPPORTS THE CARRYING OF, a voltage in excess of 69,000 volts and would allow an 22 | |
180 | - | out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric 23 | |
181 | - | system in Maryland that is owned by an electric company. 24 | |
182 | - | ||
183 | - | (b) (1) (i) Unless a certificate of public convenience and necessity for the 25 | |
184 | - | construction is first obtained from the Commission, a person may not begin construction in 26 | |
185 | - | the State of: 27 | |
186 | - | ||
187 | - | 1. a generating station; or 28 | |
188 | - | ||
189 | - | 2. a qualified generator lead line. 29 | |
190 | - | ||
191 | - | (ii) If a person obtains Commission approval for construction under 30 | |
192 | - | § 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 31 | |
193 | - | obtain a certificate of public convenience and necessity under this section. 32 HOUSE BILL 829 5 | |
241 | + | 1. AN ANALYSIS OF ALTER NATIVES TO THE PROPO SED 34 | |
242 | + | TRANSMISSION LINE, INCLUDING: 35 6 HOUSE BILL 829 | |
194 | 243 | ||
195 | 244 | ||
196 | 245 | ||
197 | - | (iii) Notwithstanding subparagraph (i) of this paragraph, a person 1 | |
198 | - | may not apply to obtain a certificate of public convenience and necessity for construction of 2 | |
199 | - | a qualified generator lead line unless: 3 | |
246 | + | A. THE USE OF ADVANCED TRANSMISSION 1 | |
247 | + | TECHNOLOGIES ; 2 | |
200 | 248 | ||
201 | - | 1. at least 90 days before the filing of an application for a 4 | |
202 | - | certificate of public convenience and necessity, the person had in good faith offered the 5 | |
203 | - | electric company that owns that portion of the electric grid in Maryland to which the 6 | |
204 | - | qualified generator lead line would interconnect a full and fair opportunity for the electric 7 | |
205 | - | company to construct the qualified generator lead line; and 8 | |
249 | + | B. ALTERNATIVE ROUT INGS; 3 | |
206 | 250 | ||
207 | - | 2. at any time at least 10 days before the filing of an 9 | |
208 | - | application for a certificate of public convenience and necessity, the electric company: 10 | |
251 | + | C. TECHNOLOGIES OR MODI FICATIONS TO ONE OR MORE 4 | |
252 | + | ELECTRIC DISTRIBUTION SYSTEMS IN THE STATE THAT COULD AVOI D THE NEED 5 | |
253 | + | FOR THE TRANSMISSION LINE; 6 | |
209 | 254 | ||
210 | - | A. did not accept from the person a proposal or a negotiated 11 | |
211 | - | version of the proposal under which the electric company would construct the qualified 12 | |
212 | - | generator lead line; or 13 | |
255 | + | D. THE COSTS TO RATEPAY ERS; 7 | |
213 | 256 | ||
214 | - | B. stated in writing that the electric company did not intend 14 | |
215 | - | to construct the qualified generator lead line. 15 | |
257 | + | E. RESOURCE ADEQUACY ; 8 | |
216 | 258 | ||
217 | - | (2) Unless a certificate of public convenience and necessity for the 16 | |
218 | - | construction is first obtained from the Commission, and the Commission has found that the 17 | |
219 | - | capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a 18 | |
220 | - | person may not exercise a right of condemnation in connection with the construction of a 19 | |
221 | - | generating station. 20 | |
259 | + | F. ENERGY EFFICIENCY AND DEMAN D RESPONSE; 9 | |
222 | 260 | ||
223 | - | (3) (i) Except as provided in paragraph (4) of this subsection, unless a 21 | |
224 | - | certificate of public convenience and necessity for the construction is first obtained from the 22 | |
225 | - | Commission, a person may not begin construction of an overhead transmission line that is 23 | |
226 | - | designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation 24 | |
227 | - | with the construction. 25 | |
261 | + | G. THE IMPACT OF THE PR OJECT ON THE ENVIRON MENT; 10 | |
228 | 262 | ||
229 | - | | |
230 | - | ||
231 | - | ||
263 | + | H. A REVIEW OF AN INTEG RATED ELECTRIC 11 | |
264 | + | TRANSMISSION –DISTRIBUTION SYSTEM TO ADDRESS THE NEED FOR THE 12 | |
265 | + | TRANSMISSION LINE; AND 13 | |
232 | 266 | ||
233 | - | (iii) Notwithstanding subparagraph (i) of this paragraph and subject 29 | |
234 | - | to subparagraph [(iv)] (V) of this paragraph, the Commission may issue a certificate of 30 | |
235 | - | public convenience and necessity for the construction of an overhead transmission line only 31 | |
236 | - | if the applicant for the certificate of public convenience and necessity: 32 | |
267 | + | I. ANY OTHER INFORMATIO N THE COMMISSION 14 | |
268 | + | CONSIDERS APPROPRIATE ; 15 | |
237 | 269 | ||
238 | - | 1. is an electric company; or 33 | |
270 | + | 2. AN ANALYSIS OF THE TRANSMISSION LINE RO UTE 16 | |
271 | + | SELECTION, INCLUDING; 17 | |
239 | 272 | ||
240 | - | 2. is or, on the start of commercial operation of the overhead 34 | |
241 | - | transmission line, will be subject to regulation as a public utility by an officer or an agency 35 | |
242 | - | of the United States. 36 6 HOUSE BILL 829 | |
273 | + | A. RISKS ASSOCIATED WIT H THE COST ESTIMATES ; 18 | |
274 | + | ||
275 | + | B. COST CONTAINMENT EFF ORTS; 19 | |
276 | + | ||
277 | + | C. CONSTRUCTION SCHEDUL E; 20 | |
278 | + | ||
279 | + | D. ACQUISITION OF LAND AND RIGHTS –OF–WAY; 21 | |
280 | + | ||
281 | + | E. OUTAGE COORDINATION ; AND 22 | |
282 | + | ||
283 | + | F. THE APPLICANT’S EXPERIENCE WORKING W ITH 23 | |
284 | + | COMMUNITIES AND STAK EHOLDERS ON ROUTE CO NSIDERATION; AND 24 | |
285 | + | HOUSE BILL 829 7 | |
243 | 286 | ||
244 | 287 | ||
288 | + | 3. AN ANALYSIS OF THE U SE OF ADVANCED 1 | |
289 | + | TRANSMISSION TECHNOL OGIES AND WHETHER TH E USE WILL DELAY OR AVOID 2 | |
290 | + | FUTURE TRANSMISSION OR GENERATION UPGRAD ES. 3 | |
245 | 291 | ||
246 | - | (iv) AN APPLICANT FOR A CE RTIFICATE OF PUBLIC 1 | |
247 | - | CONVENIENCE AND NECE SSITY FOR THE CONSTR UCTION OF AN OVE RHEAD 2 | |
248 | - | TRANSMISSION LINE SH ALL INCLUDE IN ITS A PPLICATION: 3 | |
292 | + | (V) The Commission may not issue a certificate of public convenience 4 | |
293 | + | and necessity for the construction of an overhead transmission line in the electric 5 | |
294 | + | distribution service territory of an electric company to an applicant other than an electric 6 | |
295 | + | company if: 7 | |
249 | 296 | ||
250 | - | 1. AN ANALYSIS OF ALTER NATIVES TO THE PROPO SED 4 | |
251 | - | TRANSMISSION LINE , INCLUDING EVIDENCE THAT THE AP PLICANT CONSIDERED , AS 5 | |
252 | - | PART OF THE APPLICAN T’S INTERNAL PLANNING PROCESS, ANY LOCAL, STATE, OR 6 | |
253 | - | FEDERAL GOVERNMENT T RANSMISSION PLANNING PROCESSES, AND ANY 7 | |
254 | - | TRANSMISSION PLANNIN G PROCESSES REQUIRED BY PJM INTERCONNECTION , 8 | |
255 | - | LLC, INCLUDING: 9 | |
297 | + | 1. the overhead transmission line is to be located solely 8 | |
298 | + | within the electric distribution service territory of that electric company; and 9 | |
256 | 299 | ||
257 | - | | |
258 | - | ||
300 | + | 2. the cost of the overhead transmission line is to be paid 10 | |
301 | + | solely by that electric company and its ratepayers. 11 | |
259 | 302 | ||
260 | - | | |
261 | - | ||
262 | - | ||
303 | + | [(v)] (VI) 1. This subparagraph applies to the construction of an 12 | |
304 | + | overhead transmission line for which a certificate of public convenience and necessity is 13 | |
305 | + | required under this section. 14 | |
263 | 306 | ||
264 | - | B. C. ALTERNATIVE ROUTINGS ; 15 | |
307 | + | 2. On issuance of a certificate of public convenience and 15 | |
308 | + | necessity for the construction of an overhead transmission line, a person may acquire by 16 | |
309 | + | condemnation, in accordance with Title 12 of the Real Property Article, any property or 17 | |
310 | + | right necessary for the construction or maintenance of the transmission line. 18 | |
265 | 311 | ||
266 | - | C. D. TECHNOLOGIES OR MODI FICATIONS TO ONE OR MORE 16 | |
267 | - | ELECTRIC DISTRIBUTIO N SYSTEMS IN THE STATE THAT COULD AVOI D THE NEED 17 | |
268 | - | FOR THE TRANSMISSION LINE; 18 | |
312 | + | (4) (i) Except as provided in subparagraph (ii) of this paragraph, for 19 | |
313 | + | construction related to an existing overhead transmission line designed to carry a voltage 20 | |
314 | + | in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate 21 | |
315 | + | of public convenience and necessity if the Commission finds that the construction does not: 22 | |
269 | 316 | ||
270 | - | D. E. THE COSTS TO RATEPAY ERS; 19 | |
317 | + | 1. require the person to obtain new real property or 23 | |
318 | + | additional rights–of–way through eminent domain; or 24 | |
271 | 319 | ||
272 | - | | |
320 | + | 2. require larger or higher structures to accommodate: 25 | |
273 | 321 | ||
274 | - | | |
322 | + | A. increased voltage; or 26 | |
275 | 323 | ||
276 | - | | |
324 | + | B. larger conductors. 27 | |
277 | 325 | ||
278 | - | | |
279 | - | TRANSMISSION | |
280 | - | ||
326 | + | (ii) 1. For construction related to an existing overhead 28 | |
327 | + | transmission line, including repairs, that is necessary to avoid an imminent safety hazard 29 | |
328 | + | or reliability risk, a person may undertake the necessary construction. 30 | |
281 | 329 | ||
282 | - | I. J. ANY OTHER INFORMATIO N THE COMMISSION 26 | |
283 | - | CONSIDERS APPROPRIAT E; AND 27 | |
284 | - | ||
285 | - | 2. AN ANALYSIS OF THE TRANSMISSION LINE RO UTE 28 | |
286 | - | SELECTION, INCLUDING; 29 | |
287 | - | ||
288 | - | A. RISKS ASSOCIATED WIT H THE COST ESTIMATES ; 30 HOUSE BILL 829 7 | |
289 | - | ||
290 | - | ||
291 | - | ||
292 | - | B. COST CONTAINMENT EFF ORTS; 1 | |
293 | - | ||
294 | - | C. CONSTRUCTION SCHEDUL E; 2 | |
295 | - | ||
296 | - | D. ACQUISITION OF LAND AND RIGHTS–OF–WAY; 3 | |
297 | - | ||
298 | - | E. OUTAGE COORDINATION ; AND 4 | |
299 | - | ||
300 | - | F. THE APP LICANT’S EXPERIENCE WORKING WITH 5 | |
301 | - | COMMUNITIES AND STAK EHOLDERS ON ROUTE CO NSIDERATION; AND 6 | |
302 | - | ||
303 | - | 3. AN ANALYSIS OF THE U SE OF ADVANCED 7 | |
304 | - | TRANSMISSION TECHNOL OGIES AND WHETHER TH E USE WILL DELAY OR AVOID 8 | |
305 | - | FUTURE TRANSMISSION OR GENERATION UPGRAD ES. 9 | |
306 | - | ||
307 | - | (V) The Commission may not issue a certificate of public convenience 10 | |
308 | - | and necessity for the construction of an overhead transmission line in the electric 11 | |
309 | - | distribution service territory of an electric company to an applicant other than an electric 12 | |
310 | - | company if: 13 | |
311 | - | ||
312 | - | 1. the overhead transmission line is to be located solely 14 | |
313 | - | within the electric distribution service territory of that electric company; and 15 | |
314 | - | ||
315 | - | 2. the cost of the overhead transmission line is to be paid 16 | |
316 | - | solely by that electric company and its ratepayers. 17 | |
317 | - | ||
318 | - | [(v)] (VI) 1. This subparagraph applies to the construction of an 18 | |
319 | - | overhead transmission line for which a certificate of public convenience and necessity is 19 | |
320 | - | required under this section. 20 | |
321 | - | ||
322 | - | 2. On issuance of a certificate of public convenience and 21 | |
323 | - | necessity for the construction of an overhead transmission line, a person may acquire by 22 | |
324 | - | condemnation, in accordance with Title 12 of the Real Property Article, any property or 23 | |
325 | - | right necessary for the construction or maintenance of the transmission line. 24 | |
326 | - | ||
327 | - | (4) (i) Except as provided in subparagraph (ii) of this paragraph, for 25 | |
328 | - | construction related to an existing overhead transmission line designed to carry a voltage 26 | |
329 | - | in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate 27 | |
330 | - | of public convenience and necessity if the Commission finds that the construction does not: 28 | |
331 | - | ||
332 | - | 1. require the person to obtain new real property or 29 | |
333 | - | additional rights–of–way through eminent domain; or 30 | |
334 | - | ||
335 | - | 2. require larger or higher structures to accommodate: 31 | |
330 | + | 2. Within 30 days after construction is completed under 31 | |
331 | + | subsubparagraph 1 of this subparagraph, a person shall file a report with the Commission 32 | |
332 | + | describing the work that was completed. 33 | |
336 | 333 | 8 HOUSE BILL 829 | |
337 | 334 | ||
338 | 335 | ||
339 | - | A. increased voltage; or 1 | |
336 | + | (f) For the construction of an overhead transmission line, in addition to the 1 | |
337 | + | considerations listed in subsection (e) of this section, the Commission shall: 2 | |
340 | 338 | ||
341 | - | B. larger conductors. 2 | |
339 | + | (1) take final action on an application for a certificate of public convenience 3 | |
340 | + | and necessity only after due consideration of: 4 | |
342 | 341 | ||
343 | - | (ii) 1. For construction related to an existing overhead 3 | |
344 | - | transmission line, including repairs, that is necessary to avoid an imminent safety hazard 4 | |
345 | - | or reliability risk, a person may undertake the necessary construction. 5 | |
342 | + | (i) the need to meet existing and future demand for electric service; 5 | |
343 | + | [and] 6 | |
346 | 344 | ||
347 | - | 2. Within 30 days after construction is completed under 6 | |
348 | - | subsubparagraph 1 of this subparagraph, a person shall file a report with the Commission 7 | |
349 | - | describing the work that was completed. 8 | |
345 | + | (II) ANY ALTERNATIVES CON SIDERED BY PJM 7 | |
346 | + | INTERCONNECTION , LLC; 8 | |
350 | 347 | ||
351 | - | ( | |
352 | - | ||
348 | + | (III) THE ANALYSIS OF ALTE RNATIVES CONDUCTED BY THE 9 | |
349 | + | APPLICANT UNDER SUBS ECTION (B)(3)(IV) OF THIS SECTION; 10 | |
353 | 350 | ||
354 | - | ( | |
355 | - | and | |
351 | + | (IV) ANY ALTERNATIVES SUBMITTED BY OTHER P ARTIES TO THE 11 | |
352 | + | TRANSMISSION PROCEED INGS; AND 12 | |
356 | 353 | ||
357 | - | (i) the need to meet existing and future demand for electric service; 13 | |
358 | - | [and] 14 | |
354 | + | [(ii)] (V) for construction related to a new overhead transmission 13 | |
355 | + | line, the alternative routes that the applicant considered, including the estimated capital 14 | |
356 | + | and operating costs of each alternative route and a statement of the reason why the 15 | |
357 | + | alternative route was rejected; 16 | |
359 | 358 | ||
360 | - | ( | |
361 | - | ||
359 | + | (2) require as an ongoing condition of the certificate of public convenience 17 | |
360 | + | and necessity that an applicant comply with: 18 | |
362 | 361 | ||
363 | - | ( | |
364 | - | ||
365 | - | ||
362 | + | (i) all relevant agreements with PJM Interconnection, L.L.C., or its 19 | |
363 | + | successors, related to the ongoing operation and maintenance of the overhead transmission 20 | |
364 | + | line; and 21 | |
366 | 365 | ||
367 | - | (IV) ANY ALTERNATIVES SUB MITTED BY OTHER PART IES TO THE 20 | |
368 | - | TRANSMISSION PROCEED INGS; AND 21 | |
366 | + | (ii) all obligations imposed by the North America Electric Reliability 22 | |
367 | + | Council and the Federal Energy Regulatory Commission related to the ongoing operation 23 | |
368 | + | and maintenance of the overhead transmission line; and 24 | |
369 | 369 | ||
370 | - | [(ii)] (V) (III) for construction related to a new overhead 22 | |
371 | - | transmission line, the alternative routes that the applicant considered, including the 23 | |
372 | - | estimated capital and operating costs of each alternative route and a statement of the 24 | |
373 | - | reason why the alternative route was rejected; 25 | |
370 | + | (3) require the applicant to identify whether the overhead transmission 25 | |
371 | + | line is proposed to be constructed on: 26 | |
374 | 372 | ||
375 | - | (2) require as an ongoing condition of the certificate of public convenience 26 | |
376 | - | and necessity that an applicant comply with: 27 | |
373 | + | (i) an existing brownfields site; 27 | |
377 | 374 | ||
378 | - | (i) all relevant agreements with PJM Interconnection, L.L.C., or its 28 | |
379 | - | successors, related to the ongoing operation and maintenance of the overhead transmission 29 | |
380 | - | line; and 30 | |
375 | + | (ii) property that is subject to an existing easement; or 28 | |
381 | 376 | ||
382 | - | (ii) all obligations imposed by the North America Electric Reliability 31 | |
383 | - | Council and the Federal Energy Regulatory Commission related to the ongoing operation 32 | |
384 | - | and maintenance of the overhead transmission line; and 33 HOUSE BILL 829 9 | |
377 | + | (iii) a site where a tower structure or components of a tower structure 29 | |
378 | + | used to support an overhead transmission line exist. 30 | |
379 | + | ||
380 | + | 7–207.4. 31 | |
381 | + | HOUSE BILL 829 9 | |
385 | 382 | ||
386 | 383 | ||
384 | + | (A) IN THIS SECTION , “ADVANCED TRANSMISSIO N TECHNOLOGIES ” HAS 1 | |
385 | + | THE MEANING STATED I N § 7–207 OF THIS SUBTITLE. 2 | |
387 | 386 | ||
388 | - | (3) require the applicant to identify whether the overhead transmission 1 | |
389 | - | line is proposed to be constructed on: 2 | |
387 | + | (B) ON OR BEFORE DECEMBER 1, 2025, AND EVERY 2 YEARS THEREAFTER , 3 | |
388 | + | EACH OWNER OR OPERATOR OF AN OVERHEAD TRANSMIS SION LINE SHALL SUBMIT 4 | |
389 | + | TO THE COMMISSION A REPORT THAT: 5 | |
390 | 390 | ||
391 | - | (i) an existing brownfields site; 3 | |
391 | + | (1) IDENTIFIES AREAS OF TRANSMISSION CONGESTION FOR THE 6 | |
392 | + | IMMEDIATELY PRECEDIN G 3 YEARS AND ANY REASONABLY FORESEEAB LE 7 | |
393 | + | TRANSMISSION CONGEST ION ISSUES FOR THE 5 YEARS IMMEDIATELY FOLLOWING 8 | |
394 | + | THE DATE OF THE REPORT ; 9 | |
392 | 395 | ||
393 | - | (ii) property that is subject to an existing easement; or 4 | |
396 | + | (2) IDENTIFIES THE PROJECTED OR ACT UAL COST TO RATEPAYE RS AS 10 | |
397 | + | A RESULT OF PAST AND PROJECTED F UTURE TRANSMISSION CONGESTION ; 11 | |
394 | 398 | ||
395 | - | (iii) a site where a tower structure or components of a tower structure 5 | |
396 | - | used to support an overhead transmission line exist. 6 | |
399 | + | (3) IDENTIFIES THE FEASIBILITY AND COST OF USING ALTERNATIVE 12 | |
400 | + | MEANS OF ADDRESSING TRANSMISSION CONGESTION , INCLUDING THE USE OF 13 | |
401 | + | ADVANCED TRANSMISSIO N TECHNOLOGIES ; 14 | |
397 | 402 | ||
398 | - | 7–207.4. 7 | |
403 | + | (4) IDENTIFIES THE ECONO MIC, ENVIRONMENTAL , AND SOCIAL 15 | |
404 | + | ISSUES POSED BY THE USE OF EACH ALTERN ATIVE MEAN S IDENTIFIED UNDER ITE M 16 | |
405 | + | (3) OF THIS SUBSECTION ; AND 17 | |
399 | 406 | ||
400 | - | (A) IN THIS SECTION , “ADVANCED TRANSMISSIO N TECHNOLOGIES ” HAS 8 | |
401 | - | THE MEANING STATED I N § 7–207 OF THIS SUBTITLE. 9 | |
407 | + | (5) IF FEASIBLE , PROPOSES AN ADVANCED TRANSMIS SION 18 | |
408 | + | TECHNOLOGY IMPLEMENTATION PLAN TO ADDRESS AREAS OF TRANSMISSION 19 | |
409 | + | CONGESTION IDENTIFIED UNDER ITE M (1) OF THIS SUBSECTION . 20 | |
402 | 410 | ||
403 | - | (B) (1) ON SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 10 | |
404 | - | BEFORE DECEMBER 1, 2025 2026, AND EVERY 2 4 YEARS THEREAFTER , EACH 11 | |
405 | - | OWNER OR OPERATOR OF AN OVERHEAD TRANSMIS SION LINE SHALL SUBM IT TO THE 12 | |
406 | - | COMMISSION A REPORT T HAT: 13 | |
411 | + | (C) AN OWNER OR OPERATOR OF AN OVERHEAD TRANSMISSIO N LINE MAY 21 | |
412 | + | USE ANY AVAILABLE DA TA FROM PJM INTERCONNECTION , LLC, OR OTHER 22 | |
413 | + | SOURCES IN COMPLETING THE RE PORT REQUIRED UNDER THIS SECTION. 23 | |
407 | 414 | ||
408 | - | (1) (I) IDENTIFIES AREAS OF TRANSMISSION CONGEST ION FOR 14 | |
409 | - | THE IMMEDIATELY PREC EDING 3 YEARS AND ANY REASON ABLY FORESEEABLE 15 | |
410 | - | TRANSMISSION CONGESTION ISSUES FO R THE 5 YEARS IMMEDIATELY FO LLOWING 16 | |
411 | - | THE DATE OF THE REPO RT; 17 | |
415 | + | (D) IF THE COMMISSION AUTHORIZES THE USE OF ADVANCED 24 | |
416 | + | TRANSMISSION TECHNOL OGIES AS A RESULT OF INFORMATION RECEIVED IN A 25 | |
417 | + | REPORT UNDER THIS SE CTION, THE COMMISSION MAY AUTHOR IZE REASONABLE 26 | |
418 | + | COST RECOVERY FOR TH E USE OF ADVANCED TR ANSMISSION TECHNOLOG IES 27 | |
419 | + | UNDER THIS SECTION. 28 | |
412 | 420 | ||
413 | - | (2) (II) IDENTIFIES THE PROJE CTED OR ACTUAL COST TO 18 | |
414 | - | RATEPAYERS AS A RESU LT OF PAST AND PROJE CTED FUTURE TRANSMIS SION 19 | |
415 | - | CONGESTION ; 20 | |
416 | - | ||
417 | - | (3) (III) IDENTIFIES THE FEASI BILITY AND COST OF USING 21 | |
418 | - | ALTERNATIVE MEANS OF ADDRESSING TRANSMISS ION CONGESTION , INCLUDING 22 | |
419 | - | THE USE OF ADVANCED TRANSMISSION TECHNOL OGIES; 23 | |
420 | - | ||
421 | - | (4) (IV) IDENTIFIES THE ECONO MIC, ENVIRONMENTAL , AND SOCIAL 24 | |
422 | - | ISSUES POSED BY THE USE OF EACH ALTERNAT IVE MEANS IDENTIFIED UNDER ITEM 25 | |
423 | - | (3) (III) OF THIS SUBSECTION PARAGRAPH ; AND 26 | |
424 | - | ||
425 | - | (5) (V) IF FEASIBLE, PROPOSES AN ADVANCED TRANSMISSION 27 | |
426 | - | TECHNOLOGY IMPLEMENT ATION PLAN TO ADDRES S AREAS OF TRANSMISS ION 28 | |
427 | - | CONGESTION IDENTIFIE D UNDER ITEM (1) (I) OF THIS SUBSECTION PARAGRAPH . 29 | |
428 | - | ||
429 | - | (2) THE COMMISSION MAY MODIFY THE REPORTING SCHEDU LE 30 | |
430 | - | SPECIFIED IN PARAGRA PH (1) OF THIS SUBSECTION . 31 | |
431 | - | 10 HOUSE BILL 829 | |
432 | - | ||
433 | - | ||
434 | - | (C) AN OWNER OR OPERATOR OF AN OVERHEAD TRANS MISSION LINE MAY 1 | |
435 | - | USE ANY AVAILABLE DA TA FROM PJM INTERCONNECTION , LLC, OR OTHER 2 | |
436 | - | SOURCES IN COMPLETIN G THE REPORT REQ UIRED UNDER THIS SEC TION. 3 | |
437 | - | ||
438 | - | (D) (1) IF THE COMMISSION AUTHORIZES THE USE OF ADVANCED 4 | |
439 | - | TRANSMISSION TECHNOL OGIES AS A RESULT OF INFORMATION RECEIVED IN A 5 | |
440 | - | REPORT UNDER THIS SE CTION, THE COMMISSION MAY AUTHOR IZE REASONABLE 6 | |
441 | - | COST RECOVERY FOR TH E USE OF ADVANCED TRANSMISSION TECHNOL OGIES 7 | |
442 | - | UNDER THIS SECTION . 8 | |
443 | - | ||
444 | - | (2) IF AN OWNER OR OPERAT OR OF AN OVERHEAD TR ANSMISSION 9 | |
445 | - | LINE USES ADVANCED T RANSMISSION TECHNOLO GIES AS A RESULT OF 10 | |
446 | - | INFORMATION REPORTED UNDER THIS SECTION , THE COMMISSION MAY CONSID ER 11 | |
447 | - | REASONABLE METHODS T O PROVIDE FINANCIAL IN CENTIVES FOR THE USE OF 12 | |
448 | - | ADVANCED TRANSMISSIO N TECHNOLOGIES UNDER THIS SECTION. 13 | |
449 | - | ||
450 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 | |
451 | - | October 1, 2025. 15 | |
452 | - | ||
453 | - | ||
454 | - | ||
455 | - | ||
456 | - | Approved: | |
457 | - | ________________________________________________________________________________ | |
458 | - | Governor. | |
459 | - | ________________________________________________________________________________ | |
460 | - | Speaker of the House of Delegates. | |
461 | - | ________________________________________________________________________________ | |
462 | - | President of the Senate. | |
421 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 | |
422 | + | October 1, 2025. 30 |