EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0640*
SENATE BILL 640
C5 5lr3076
CF HB 742
By: Senator Gallion
Introduced and read first time: January 25, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Public Utilities – Solar Energy Generating Stations – Eminent Domain 2
FOR the purpose of prohibiting a person constructing a solar energy generating station 3
from exercising a right of condemnation in connection with that construction; and 4
generally relating to the construction of solar energy generating stations. 5
BY repealing and reenacting, with amendments, 6
Article – Public Utilities 7
Section 7–207(b)(2) 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – Public Utilities 12
Section 7–207.1(c)(1), 7–207.2(b), and 7–208(b) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – Public Utilities 17
Section 7–207.1(h), 7–207.2(e), and 7–208(k) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Public Utilities 23
7–207. 24
2 SENATE BILL 640
(b) (2) (I) Unless a certificate of public convenience and necessity for the 1
construction is first obtained from the Commission, and the Commission has found that the 2
capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a 3
person may not exercise a right of condemnation in connection with the construction of a 4
generating station. 5
(II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 6
PARAGRAPH , A PERSON MAY NOT EXE RCISE A RIGHT OF CONDEMNATION IN 7
CONNECTION WITH THE CONSTRUCTION OF A SO LAR ENERGY GENERATIN G STATION 8
UNDER THIS SECTION . 9
7–207.1. 10
(c) (1) The Commission shall require a person that is exempted from the 11
requirement to obtain a certificate of public convenience and necessity to obtain approval 12
from the Commission under this section before the person may construct a generating 13
station described in subsection (b) of this section. 14
(H) A PERSON MAY NOT EXERC ISE A RIGHT OF CONDE MNATION IN 15
CONNECTION WITH THE CONSTRUCTION OF A SOLAR ENERGY GENER ATING STATION 16
UNDER THIS SECTION . 17
7–207.2. 18
(b) This section applies to a person who constructs a generating station that: 19
(1) has the capacity to produce more than 2 megawatts of electricity, as 20
measured by the alternating current rating of the system’s inverter, from a solar 21
photovoltaic system; and 22
(2) is exempted under § 7–207(b)(1)(ii) of this subtitle from the requirement 23
to obtain a certificate of public convenience and necessity. 24
(E) A PERSON MAY NOT EXERC ISE A RIGHT O F CONDEMNATION IN 25
CONNECTION WITH THE CONSTRUCTION OF A SO LAR PHOTOVOLTAIC SYS TEM 26
UNDER THIS SECTION . 27
7–208. 28
(b) This section applies to any person: 29
(1) constructing a generating station and its associated overhead 30
transmission lines designed to carry a voltage in excess of 69,000 volts; 31
(2) exercising the right of condemnation in connection with the 32
construction; or 33 SENATE BILL 640 3
(3) constructing a qualified submerged renewable energy line. 1
(K) A PERSON MAY NOT EXERC ISE A RIGHT OF CONDE MNATION IN 2
CONNECTION WITH THE CONSTRUCTION OF A SO LAR ENERGY GENERATIN G STATION 3
UNDER THIS SECTION . 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2025. 6