EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0829*
HOUSE BILL 829
C5 5lr1782
By: Delegate Charkoudian
Introduced and read first time: January 29, 2025
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2025
CHAPTER ______
AN ACT concerning 1
Public Utilities – Transmission Lines – Advanced Transmission Technologies 2
FOR the purpose of altering the definition of “qualified generator lead line” for purposes of 3
provisions of law regarding certificates of public convenience and necessity; requiring 4
an applicant for a certificate of public convenience and necessity for the construction 5
of an overhead transmission line to include certain analyses information in its 6
application; requiring the Public Service Commission to consider certain alternatives 7
evidence before taking final action on an application for a certificate of public 8
convenience and necessity for the construction of an overhead transmission line; 9
requiring each owner or operator of an overhead transmission line to submit certain 10
reports to the Commission; and generally relating to overhead transmission lines 11
and advanced transmission technologies. 12
BY repealing and reenacting, with amendments, 13
Article – Public Utilities 14
Section 7–207(a), (b), and (f) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2024 Supplement) 17
BY adding to 18
Article – Public Utilities 19
Section 7–207.4 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2024 Supplement) 22
2 HOUSE BILL 829
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Public Utilities 3
7–207. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) (I) “ADVANCED TRANSMISSION TECHNOLOGIES ” MEANS 6
INFRASTRUCTURE , HARDWARE , OR SOFTWARE THAT INC REASES THE CAPACITY , 7
EFFICIENCY, RELIABILITY, OR RESILIENCE OF A N EW OR EXISTING TRANS MISSION 8
LINE FACILITY. 9
(II) “ADVANCED TRANSMISSION TECHNOLOGIES ” INCLUDES: 10
1. GRID–ENHANCING TECHNOLOGI ES; 11
2. HIGH–PERFORMANCE CONDUCTO RS; AND 12
3. STORAGE USED AS TRAN SMISSION. 13
(3) “Brownfields site” means: 14
(i) a former industrial or commercial site identified by federal or 15
State laws or regulation as contaminated or polluted; 16
(ii) a closed landfill regulated by the Department of the 17
Environment; or 18
(iii) mined land. 19
[(3)] (4) (i) “Construction” means: 20
1. any physical change at a site, including fabrication, 21
erection, installation, or demolition; or 22
2. the entry into a binding agreement or contractual 23
obligation to purchase equipment exclusively for use in construction in the State or to 24
undertake a program of actual construction in the State which cannot be canceled or 25
modified without substantial loss to the owner or operator of the proposed generating 26
station. 27
(ii) “Construction” does not include a change that is needed for the 28
temporary use of a site or route for nonutility purposes or for use in securing geological 29
data, including any boring that is necessary to ascertain foundation conditions. 30 HOUSE BILL 829 3
[(4)] (5) “Generating station” does not include: 1
(i) a generating unit or facility that: 2
1. is used for the production of electricity; 3
2. has the capacity to produce not more than 2 megawatts of 4
alternating current; and 5
3. is installed with equipment that prevents the flow of 6
electricity to the electric grid during time periods when the electric grid is out of service; 7
(ii) a combination of two or more generating units or facilities that: 8
1. are used for the production of electricity from a solar 9
photovoltaic system or an eligible customer–generator that is subject to the provisions of § 10
7–306 of this title; 11
2. are located on the same property or adjacent properties; 12
3. have the capacity to produce, when calculated 13
cumulatively for all generating units or facilities on the property or adjacent property, more 14
than 2 megawatts but not more than 14 megawatts of alternating current; and 15
4. for each individual generating unit or facility: 16
A. has the capacity to produce not more than 2 megawatts of 17
alternating current; 18
B. is separately metered by the electric company; and 19
C. does not export electricity for sale on the wholesale market 20
under an agreement with PJM Interconnection, LLC; 21
(iii) a generating unit or facility that: 22
1. is used for the production of electricity for the purpose of: 23
A. onsite emergency backup at a facility when service from 24
the electric company is interrupted due to electric distribution or transmission system 25
failure or when there is equipment failure at a site where critical infrastructure is located; 26
and 27
B. test and maintenance operations necessary to ensure 28
functionality of the generating unit or facility in the event of a service interruption from 29 4 HOUSE BILL 829
the electric company due to electric distribution or transmission system failure or when 1
there is equipment failure at a site where critical infrastructure is located; 2
2. is installed with equipment that prevents the flow of 3
electricity to the electric grid; 4
3. is subject to a permit to construct issued by the 5
Department of the Environment; and 6
4. is installed at a facility that is part of critical 7
infrastructure if the facility complies with all applicable regulations regarding noise level 8
and testing hours; or 9
(iv) a combination of two or more generating units or facilities that 10
satisfy item (iii) of this paragraph. 11
[(5)] (6) (i) “Mined land” means the surface or subsurface of an area 12
in which surface mining operations will be, are being, or have been conducted. 13
(ii) “Mined land” includes: 14
1. private ways and roads used for mining appurtenant to 15
any surface mining area; 16
2. land excavations; 17
3. workings; and 18
4. overburden. 19
[(6)] (7) “Qualified generator lead line” means an overhead transmission 20
line [that is] designed to carry, OR AN ADVANCED TRANS MISSION TECHNOLOGY T HAT 21
SUPPORTS THE CARRYING OF, a voltage in excess of 69,000 volts and would allow an 22
out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric 23
system in Maryland that is owned by an electric company. 24
(b) (1) (i) Unless a certificate of public convenience and necessity for the 25
construction is first obtained from the Commission, a person may not begin construction in 26
the State of: 27
1. a generating station; or 28
2. a qualified generator lead line. 29
(ii) If a person obtains Commission approval for construction under 30
§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 31
obtain a certificate of public convenience and necessity under this section. 32 HOUSE BILL 829 5
(iii) Notwithstanding subparagraph (i) of this paragraph, a person 1
may not apply to obtain a certificate of public convenience and necessity for construction of 2
a qualified generator lead line unless: 3
1. at least 90 days before the filing of an application for a 4
certificate of public convenience and necessity, the person had in good faith offered the 5
electric company that owns that portion of the electric grid in Maryland to which the 6
qualified generator lead line would interconnect a full and fair opportunity for the electric 7
company to construct the qualified generator lead line; and 8
2. at any time at least 10 days before the filing of an 9
application for a certificate of public convenience and necessity, the electric company: 10
A. did not accept from the person a proposal or a negotiated 11
version of the proposal under which the electric company would construct the qualified 12
generator lead line; or 13
B. stated in writing that the electric company did not intend 14
to construct the qualified generator lead line. 15
(2) Unless a certificate of public convenience and necessity for the 16
construction is first obtained from the Commission, and the Commission has found that the 17
capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a 18
person may not exercise a right of condemnation in connection with the construction of a 19
generating station. 20
(3) (i) Except as provided in paragraph (4) of this subsection, unless a 21
certificate of public convenience and necessity for the construction is first obtained from the 22
Commission, a person may not begin construction of an overhead transmission line that is 23
designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation 24
with the construction. 25
(ii) For construction related to an existing overhead transmission 26
line, the Commission may waive the requirement in subparagraph (i) of this paragraph for 27
good cause. 28
(iii) Notwithstanding subparagraph (i) of this paragraph and subject 29
to subparagraph [(iv)] (V) of this paragraph, the Commission may issue a certificate of 30
public convenience and necessity for the construction of an overhead transmission line only 31
if the applicant for the certificate of public convenience and necessity: 32
1. is an electric company; or 33
2. is or, on the start of commercial operation of the overhead 34
transmission line, will be subject to regulation as a public utility by an officer or an agency 35
of the United States. 36 6 HOUSE BILL 829
(iv) AN APPLICANT FOR A CE RTIFICATE OF PUBLIC 1
CONVENIENCE AND NECE SSITY FOR THE CONSTR UCTION OF AN OVE RHEAD 2
TRANSMISSION LINE SH ALL INCLUDE IN ITS A PPLICATION: 3
1. AN ANALYSIS OF ALTER NATIVES TO THE PROPO SED 4
TRANSMISSION LINE , INCLUDING EVIDENCE THAT THE AP PLICANT CONSIDERED , AS 5
PART OF THE APPLICAN T’S INTERNAL PLANNING PROCESS, ANY LOCAL, STATE, OR 6
FEDERAL GOVERNMENT T RANSMISSION PLANNING PROCESSES, AND ANY 7
TRANSMISSION PLANNIN G PROCESSES REQUIRED BY PJM INTERCONNECTION , 8
LLC, INCLUDING: 9
A. THE USE OF ADVANCED TRANSMISSION 10
TECHNOLOGIES ALTERNATIVES TO THE PROPOSED TRANSMISSIO N LINE; 11
B. AN AN ALYSIS OF ADVANCED T RANSMISSION 12
TECHNOLOGIES AND WHE THER THE USE OF THE TECHNOLOGIES COULD D ELAY OR 13
PREVENT THE NEED FOR FUTURE TRANSMISSION OR GENERATION UPGRAD ES; 14
B. C. ALTERNATIVE ROUTINGS ; 15
C. D. TECHNOLOGIES OR MODI FICATIONS TO ONE OR MORE 16
ELECTRIC DISTRIBUTIO N SYSTEMS IN THE STATE THAT COULD AVOI D THE NEED 17
FOR THE TRANSMISSION LINE; 18
D. E. THE COSTS TO RATEPAY ERS; 19
E. F. RESOURCE ADEQUACY ; 20
F. G. ENERGY EFFICIENCY AN D DEMAND RESPONSE ; 21
G. H. THE IMPACT OF THE PR OJECT ON THE ENVIRONMENT ; 22
H. I. A REVIEW OF AN INTEG RATED ELECTRIC 23
TRANSMISSION –DISTRIBUTION SYSTEM TO ADDRESS THE NEED FOR THE 24
TRANSMISSION LINE ; AND 25
I. J. ANY OTHER INFORMATIO N THE COMMISSION 26
CONSIDERS APPROPRIAT E; AND 27
2. AN ANALYSIS OF THE TRANSMISSION LINE RO UTE 28
SELECTION, INCLUDING; 29
A. RISKS ASSOCIATED WIT H THE COST ESTIMATES ; 30 HOUSE BILL 829 7
B. COST CONTAINMENT EFF ORTS; 1
C. CONSTRUCTION SCHEDUL E; 2
D. ACQUISITION OF LAND AND RIGHTS–OF–WAY; 3
E. OUTAGE COORDINATION ; AND 4
F. THE APP LICANT’S EXPERIENCE WORKING WITH 5
COMMUNITIES AND STAK EHOLDERS ON ROUTE CO NSIDERATION; AND 6
3. AN ANALYSIS OF THE U SE OF ADVANCED 7
TRANSMISSION TECHNOL OGIES AND WHETHER TH E USE WILL DELAY OR AVOID 8
FUTURE TRANSMISSION OR GENERATION UPGRAD ES. 9
(V) The Commission may not issue a certificate of public convenience 10
and necessity for the construction of an overhead transmission line in the electric 11
distribution service territory of an electric company to an applicant other than an electric 12
company if: 13
1. the overhead transmission line is to be located solely 14
within the electric distribution service territory of that electric company; and 15
2. the cost of the overhead transmission line is to be paid 16
solely by that electric company and its ratepayers. 17
[(v)] (VI) 1. This subparagraph applies to the construction of an 18
overhead transmission line for which a certificate of public convenience and necessity is 19
required under this section. 20
2. On issuance of a certificate of public convenience and 21
necessity for the construction of an overhead transmission line, a person may acquire by 22
condemnation, in accordance with Title 12 of the Real Property Article, any property or 23
right necessary for the construction or maintenance of the transmission line. 24
(4) (i) Except as provided in subparagraph (ii) of this paragraph, for 25
construction related to an existing overhead transmission line designed to carry a voltage 26
in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate 27
of public convenience and necessity if the Commission finds that the construction does not: 28
1. require the person to obtain new real property or 29
additional rights–of–way through eminent domain; or 30
2. require larger or higher structures to accommodate: 31
8 HOUSE BILL 829
A. increased voltage; or 1
B. larger conductors. 2
(ii) 1. For construction related to an existing overhead 3
transmission line, including repairs, that is necessary to avoid an imminent safety hazard 4
or reliability risk, a person may undertake the necessary construction. 5
2. Within 30 days after construction is completed under 6
subsubparagraph 1 of this subparagraph, a person shall file a report with the Commission 7
describing the work that was completed. 8
(f) For the construction of an overhead transmission line, in addition to the 9
considerations listed in subsection (e) of this section, the Commission shall: 10
(1) take final action on an application for a certificate of public convenience 11
and necessity only after due consideration of: 12
(i) the need to meet existing and future demand for electric service; 13
[and] 14
(II) ANY ALTERNATIVES CON SIDERED BY PJM 15
INTERCONNECTION , LLC; 16
(III) THE ANALYSIS OF EVIDENCE THAT ALTERNATIVES 17
CONDUCTED HAVE BEEN CONSIDERED BY THE APPLICANT UNDER IN ACCORDANCE 18
WITH SUBSECTION (B)(3)(IV) OF THIS SECTION; 19
(IV) ANY ALTERNATIVES SUB MITTED BY OTHER PART IES TO THE 20
TRANSMISSION PROCEED INGS; AND 21
[(ii)] (V) (III) for construction related to a new overhead 22
transmission line, the alternative routes that the applicant considered, including the 23
estimated capital and operating costs of each alternative route and a statement of the 24
reason why the alternative route was rejected; 25
(2) require as an ongoing condition of the certificate of public convenience 26
and necessity that an applicant comply with: 27
(i) all relevant agreements with PJM Interconnection, L.L.C., or its 28
successors, related to the ongoing operation and maintenance of the overhead transmission 29
line; and 30
(ii) all obligations imposed by the North America Electric Reliability 31
Council and the Federal Energy Regulatory Commission related to the ongoing operation 32
and maintenance of the overhead transmission line; and 33 HOUSE BILL 829 9
(3) require the applicant to identify whether the overhead transmission 1
line is proposed to be constructed on: 2
(i) an existing brownfields site; 3
(ii) property that is subject to an existing easement; or 4
(iii) a site where a tower structure or components of a tower structure 5
used to support an overhead transmission line exist. 6
7–207.4. 7
(A) IN THIS SECTION , “ADVANCED TRANSMISSIO N TECHNOLOGIES ” HAS 8
THE MEANING STATED I N § 7–207 OF THIS SUBTITLE. 9
(B) (1) ON SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 10
BEFORE DECEMBER 1, 2025 2026, AND EVERY 2 4 YEARS THEREAFTER , EACH 11
OWNER OR OPERATOR OF AN OVERHEAD TRANSMIS SION LINE SHALL SUBM IT TO THE 12
COMMISSION A REPORT T HAT: 13
(1) (I) IDENTIFIES AREAS OF TRANSMISSION CONGEST ION FOR 14
THE IMMEDIATELY PREC EDING 3 YEARS AND ANY REASON ABLY FORESEEABLE 15
TRANSMISSION CONGESTION ISSUES FO R THE 5 YEARS IMMEDIATELY FO LLOWING 16
THE DATE OF THE REPO RT; 17
(2) (II) IDENTIFIES THE PROJE CTED OR ACTUAL COST TO 18
RATEPAYERS AS A RESU LT OF PAST AND PROJE CTED FUTURE TRANSMIS SION 19
CONGESTION ; 20
(3) (III) IDENTIFIES THE FEASI BILITY AND COST OF USING 21
ALTERNATIVE MEANS OF ADDRESSING TRANSMISS ION CONGESTION , INCLUDING 22
THE USE OF ADVANCED TRANSMISSION TECHNOL OGIES; 23
(4) (IV) IDENTIFIES THE ECONO MIC, ENVIRONMENTAL , AND SOCIAL 24
ISSUES POSED BY THE USE OF EACH ALTERNAT IVE MEANS IDENTIFIED UNDER ITEM 25
(3) (III) OF THIS SUBSECTION PARAGRAPH ; AND 26
(5) (V) IF FEASIBLE, PROPOSES AN ADVANCED TRANSMISSION 27
TECHNOLOGY IMPLEMENT ATION PLAN TO ADDRES S AREAS OF TRANSMISS ION 28
CONGESTION IDENTIFIE D UNDER ITEM (1) (I) OF THIS SUBSECTION PARAGRAPH . 29
(2) THE COMMISSION MAY MODIFY THE REPORTING SCHEDU LE 30
SPECIFIED IN PARAGRA PH (1) OF THIS SUBSECTION . 31
10 HOUSE BILL 829
(C) AN OWNER OR OPERATOR OF AN OVERHEAD TRANS MISSION LINE MAY 1
USE ANY AVAILABLE DA TA FROM PJM INTERCONNECTION , LLC, OR OTHER 2
SOURCES IN COMPLETIN G THE REPORT REQ UIRED UNDER THIS SEC TION. 3
(D) (1) IF THE COMMISSION AUTHORIZES THE USE OF ADVANCED 4
TRANSMISSION TECHNOL OGIES AS A RESULT OF INFORMATION RECEIVED IN A 5
REPORT UNDER THIS SE CTION, THE COMMISSION MAY AUTHOR IZE REASONABLE 6
COST RECOVERY FOR TH E USE OF ADVANCED TRANSMISSION TECHNOL OGIES 7
UNDER THIS SECTION . 8
(2) IF AN OWNER OR OPERAT OR OF AN OVERHEAD TR ANSMISSION 9
LINE USES ADVANCED T RANSMISSION TECHNOLO GIES AS A RESULT OF 10
INFORMATION REPORTED UNDER THIS SECTION , THE COMMISSION MAY CONSID ER 11
REASONABLE METHODS T O PROVIDE FINANCIAL IN CENTIVES FOR THE USE OF 12
ADVANCED TRANSMISSIO N TECHNOLOGIES UNDER THIS SECTION. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2025. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.