Maryland 2025 Regular Session

Maryland House Bill HB829 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *hb0829*
96
107 HOUSE BILL 829
118 C5 5lr1782
129
1310 By: Delegate Charkoudian
1411 Introduced and read first time: January 29, 2025
1512 Assigned to: Economic Matters
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 7, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Public Utilities – Transmission Lines – Advanced Transmission Technologies 2
2519
2620 FOR the purpose of altering the definition of “qualified generator lead line” for purposes of 3
2721 provisions of law regarding certificates of public convenience and necessity; requiring 4
2822 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
3629
37-BY repealing and reenacting, with amendments, 13
38- Article – Public Utilities 14
39-Section 7–207(a), (b), and (f) 15
40- Annotated Code of Maryland 16
41- (2020 Replacement Volume and 2024 Supplement) 17
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
4235
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
4848 2 HOUSE BILL 829
4949
5050
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
5352
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
5557
56-7–207. 4
58+ (II) “ADVANCED TRANSMISSION TECHNOLOGIES ” INCLUDES: 6
5759
58- (a) (1) In this section the following words have the meanings indicated. 5
60+ 1. GRID–ENHANCING TECHNOLOGI ES; 7
5961
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
6463
65- (II) “ADVANCED TRANSMISSION TECHNOLOGIES ” INCLUDES: 10
64+ 3. STORAGE USED AS TRAN SMISSION. 9
6665
67- 1. GRID–ENHANCING TECHNOLOGI ES; 11
66+ (3) “Brownfields site” means: 10
6867
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
7070
71- 3. STORAGE USED AS TRAN SMISSION. 13
71+ (ii) a closed landfill regulated by the Department of the 13
72+Environment; or 14
7273
73- (3) “Brownfields site” means: 14
74+ (iii) mined land. 15
7475
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
7777
78- (ii) a closed landfill regulated by the Department of the 17
79-Environment; or 18
78+ 1. any physical change at a site, including fabrication, 17
79+erection, installation, or demolition; or 18
8080
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
8286
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
8490
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
8792
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
9394
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
97146
98147
99148
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
101152
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
103155
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
105158
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
108160
109- 3. is installed with equipment that prevents the flow of 6
110-electricity to the electric grid during time periods when the electric grid is out of service; 7
161+ 1. private ways and roads used for mining appurtenant to 9
162+any surface mining area; 10
111163
112- (ii) a combination of two or more generating units or facilities that: 8
164+ 2. land excavations; 11
113165
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
117167
118- 2. are located on the same property or adjacent properties; 12
168+ 4. overburden. 13
119169
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
123175
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
125179
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
128181
129- B. is separately metered by the electric company; and 19
182+ 2. a qualified generator lead line. 23
130183
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
133187
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
135191
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
145195
146196
147-the electric company due to electric distribution or transmission system failure or when 1
148-there is equipment failure at a site where critical infrastructure is located; 2
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
149199
150- 2. is installed with equipment that prevents the flow of 3
151-electricity to the electric grid; 4
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
152202
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
155206
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
159209
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
162215
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
165221
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
167225
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
170230
171- 2. land excavations; 17
231+ 1. is an electric company; or 27
172232
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
174236
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
176240
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
194243
195244
196245
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
200248
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
206250
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
209254
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
213256
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
216258
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
222260
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
228262
229- (ii) For construction related to an existing overhead transmission 26
230-line, the Commission may waive the requirement in subparagraph (i) of this paragraph for 27
231-good cause. 28
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
232266
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
237269
238- 1. is an electric company; or 33
270+ 2. AN ANALYSIS OF THE TRANSMISSION LINE RO UTE 16
271+SELECTION, INCLUDING; 17
239272
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
243286
244287
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
245291
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
249296
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
256299
257- A. THE USE OF ADVANCED TRANSMISSION 10
258-TECHNOLOGIES ALTERNATIVES TO THE PROPOSED TRANSMISSIO N LINE; 11
300+ 2. the cost of the overhead transmission line is to be paid 10
301+solely by that electric company and its ratepayers. 11
259302
260- B. AN AN ALYSIS OF ADVANCED T RANSMISSION 12
261-TECHNOLOGIES AND WHE THER THE USE OF THE TECHNOLOGIES COULD D ELAY OR 13
262-PREVENT THE NEED FOR FUTURE TRANSMISSION OR GENERATION UPGRAD ES; 14
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
263306
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
265311
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
269316
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
271319
272- E. F. RESOURCE ADEQUACY ; 20
320+ 2. require larger or higher structures to accommodate: 25
273321
274- F. G. ENERGY EFFICIENCY AN D DEMAND RESPONSE ; 21
322+ A. increased voltage; or 26
275323
276- G. H. THE IMPACT OF THE PR OJECT ON THE ENVIRONMENT ; 22
324+ B. larger conductors. 27
277325
278- H. I. A REVIEW OF AN INTEG RATED ELECTRIC 23
279-TRANSMISSION –DISTRIBUTION SYSTEM TO ADDRESS THE NEED FOR THE 24
280-TRANSMISSION LINE ; AND 25
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
281329
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
336333 8 HOUSE BILL 829
337334
338335
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
340338
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
342341
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
346344
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
350347
351- (f) For the construction of an overhead transmission line, in addition to the 9
352-considerations listed in subsection (e) of this section, the Commission shall: 10
348+ (III) THE ANALYSIS OF ALTE RNATIVES CONDUCTED BY THE 9
349+APPLICANT UNDER SUBS ECTION (B)(3)(IV) OF THIS SECTION; 10
353350
354- (1) take final action on an application for a certificate of public convenience 11
355-and necessity only after due consideration of: 12
351+ (IV) ANY ALTERNATIVES SUBMITTED BY OTHER P ARTIES TO THE 11
352+TRANSMISSION PROCEED INGS; AND 12
356353
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
359358
360- (II) ANY ALTERNATIVES CON SIDERED BY PJM 15
361-INTERCONNECTION , LLC; 16
359+ (2) require as an ongoing condition of the certificate of public convenience 17
360+and necessity that an applicant comply with: 18
362361
363- (III) THE ANALYSIS OF EVIDENCE THAT ALTERNATIVES 17
364-CONDUCTED HAVE BEEN CONSIDERED BY THE APPLICANT UNDER IN ACCORDANCE 18
365-WITH SUBSECTION (B)(3)(IV) OF THIS SECTION; 19
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
366365
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
369369
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
374372
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
377374
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
381376
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
385382
386383
384+ (A) IN THIS SECTION , “ADVANCED TRANSMISSIO N TECHNOLOGIES ” HAS 1
385+THE MEANING STATED I N § 7–207 OF THIS SUBTITLE. 2
387386
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
390390
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
392395
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
394398
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
397402
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
399406
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
402410
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
407414
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
412420
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