Maryland 2025 Regular Session

Maryland Senate Bill SB737 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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	5	sb0737
6	6
7	7	SENATE BILL 737
8	8	C5, N1 5lr3522
9	9	CF 5lr1860
10	10	By: Senator Folden
11	11	Introduced and read first time: January 27, 2025
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Property Rights Protection Act of 2025 2
19	19
20	20	FOR the purpose of prohibiting certain persons from exercising a right of condemnation to 3
21	21	acquire property for the purpose of constructing a power line or a certain generating 4
22	22	station; prohibiting the State or any of its instrumentalities or political subdivisions 5
23	23	from acquiring by condemnation property that is encumbered by certain 6
24	24	conservation easements or will be used for the construction of a power line or a 7
25	25	certain generating station; and generally relating to restrictions on a right of 8
26	26	condemnation to acquire property. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Public Utilities 11
30	30	Section 7–103, 7–207(b), and 7–208(b) 12
31	31	Annotated Code of Maryland 13
32	32	(2020 Replacement Volume and 2024 Supplement) 14
33	33
34	34	BY repealing and reenacting, without amendments, 15
35	35	Article – Public Utilities 16
36	36	Section 7–207.1(b) 17
37	37	Annotated Code of Maryland 18
38	38	(2020 Replacement Volume and 2024 Supplement) 19
39	39
40	40	BY adding to 20
41	41	Article – Public Utilities 21
42	42	Section 7–207.1(h) 22
43	43	Annotated Code of Maryland 23
44	44	(2020 Replacement Volume and 2024 Supplement) 24
45	45
46	46	BY repealing and reenacting, without amendments, 25
47	47	Article – Real Property 26
48	48	Section 10–705(a)(1) and (2) and 12–101(a) 27 2 SENATE BILL 737
49	49
50	50
51	51	Annotated Code of Maryland 1
52	52	(2023 Replacement Volume and 2024 Supplement) 2
53	53
54	54	BY adding to 3
55	55	Article – Real Property 4
56	56	Section 12–101(e) 5
57	57	Annotated Code of Maryland 6
58	58	(2023 Replacement Volume and 2024 Supplement) 7
59	59
60	60	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61	61	That the Laws of Maryland read as follows: 9
62	62
63	63	Article – Public Utilities 10
64	64
65	65	7–103. 11
66	66
67	67	(a) An electric company incorporated in Maryland may: 12
68	68
69	69	(1) manufacture, sell, and furnish electric power in any municipal 13
70	70	corporation or county of the State; 14
71	71
72	72	(2) construct a power line to transmit power under, along, on, or over the 15
73	73	roadways or public ways of any municipal corporation or county of the State; and 16
74	74
75	75	(3) connect the power line from the place of supply to any other structure 17
76	76	or object. 18
77	77
78	78	(b) (1) An electric company must have the consent of the governing body of the 19
79	79	municipal corporation or county before laying or constructing any power line in accordance 20
80	80	with subsection (a) of this section. 21
81	81
82	82	(2) The governing body of the municipal corporation or county may adopt 22
83	83	reasonable regulations and conditions for the laying of a power line, including regulations 23
84	84	requiring the electric company to refill and repave any roadway or public way under which 24
85	85	the power line is laid. 25
86	86
87	87	(C) AN ELECTRIC COMPANY M AY NOT EXERCISE A RI GHT OF 26
88	88	CONDEMNATION TO ACQUIRE P ROPERTY FOR THE CONS TRUCTION OF A POWER LINE 27
89	89	IN ACCORDANCE WITH T HIS SECTION. 28
90	90
91	91	7–207. 29
92	92
93	93	(b) (1) (i) Unless a certificate of public convenience and necessity for the 30
94	94	construction is first obtained from the Commission, a person may not begin construction in 31
95	95	the State of: 32
96	96
97	97	1. a generating station; or 33 SENATE BILL 737 3
98	98
99	99
100	100
101	101	2. a qualified generator lead line. 1
102	102
103	103	(ii) If a person obtains Commission approval for construction under 2
104	104	§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 3
105	105	obtain a certificate of public convenience and necessity under this section. 4
106	106
107	107	(iii) Notwithstanding subparagraph (i) of this paragraph, a person 5
108	108	may not apply to obtain a certificate of public convenience and necessity for construction of 6
109	109	a qualified generator lead line unless: 7
110	110
111	111	1. at least 90 days before the filing of an application for a 8
112	112	certificate of public convenience and necessity, the person had in good faith offered the 9
113	113	electric company that owns that portion of the electric grid in Maryland to which the 10
114	114	qualified generator lead line would interconnect a full and fair opportunity for the electric 11
115	115	company to construct the qualified generator lead line; and 12
116	116
117	117	2. at any time at least 10 days before the filing of an 13
118	118	application for a certificate of public convenience and necessity, the electric company: 14
119	119
120	120	A. did not accept from the person a proposal or a negotiated 15
121	121	version of the proposal under which the electric company would construct the qualified 16
122	122	generator lead line; or 17
123	123
124	124	B. stated in writing that the electric company did not intend 18
125	125	to construct the qualified generator lead line. 19
126	126
127	127	(2) (I) [Unless] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 20
128	128	THIS PARAGRAPH , UNLESS a certificate of public convenience and necessity for the 21
129	129	construction is first obtained from the Commission, and the Commission has found that the 22
130	130	capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a 23
131	131	person may not exercise a right of condemnation in connection with the construction of a 24
132	132	generating station. 25
133	133
134	134	(II) A PERSON MAY NOT EXERC ISE A RIGHT OF CONDE MNATION 26
135	135	TO ACQUIRE PROPERTY FOR THE PURPOSE OF C ONSTRUCTING A GENERA TING 27
136	136	STATION THAT PRODUCE S ELECTRICITY FROM W IND ENERGY OR SOLAR ENERGY. 28
137	137
138	138	(3) (i) Except as provided in paragraph (4) of this subsection, unless a 29
139	139	certificate of public convenience and necessity for the construction is first obtained from the 30
140	140	Commission, a person may not begin construction of an overhead transmission line that is 31
141	141	designed to carry a voltage in excess of 69,000 volts [or exercise a right of condemnation 32
142	142	with the construction]. 33
143	143	4 SENATE BILL 737
144	144
145	145
146	146	(ii) For construction related to an existing overhead transmission 1
147	147	line, the Commission may waive the requirement in subparagraph (i) of this paragraph for 2
148	148	good cause. 3
149	149
150	150	(iii) Notwithstanding subparagraph (i) of this paragraph and subject 4
151	151	to subparagraph (iv) of this paragraph, the Commission may issue a certificate of public 5
152	152	convenience and necessity for the construction of an overhead transmission line only if the 6
153	153	applicant for the certificate of public convenience and necessity: 7
154	154
155	155	1. is an electric company; or 8
156	156
157	157	2. is or, on the start of commercial operation of the overhead 9
158	158	transmission line, will be subject to regulation as a public utility by an officer or an agency 10
159	159	of the United States. 11
160	160
161	161	(iv) The Commission may not issue a certificate of public convenience 12
162	162	and necessity for the construction of an overhead transmission line in the electric 13
163	163	distribution service territory of an electric company to an applicant other than an electric 14
164	164	company if: 15
165	165
166	166	1. the overhead transmission line is to be located solely 16
167	167	within the electric distribution service territory of that electric company; and 17
168	168
169	169	2. the cost of the overhead transmission line is to be paid 18
170	170	solely by that electric company and its ratepayers. 19
171	171
172	172	[(v) 1. This subparagraph applies to the construction of an 20
173	173	overhead transmission line for which a certificate of public convenience and necessity is 21
174	174	required under this section. 22
175	175
176	176	2. On issuance of a certificate of public convenience and 23
177	177	necessity for the construction of an overhead transmission line, a person may acquire by 24
178	178	condemnation, in accordance with Title 12 of the Real Property Article, any property or 25
179	179	right necessary for the construction or maintenance of the transmission line.] 26
180	180
181	181	(4) (i) Except as provided in subparagraph (ii) of this paragraph, for 27
182	182	construction related to an existing overhead transmission line designed to carry a voltage 28
183	183	in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate 29
184	184	of public convenience and necessity if the Commission finds that the construction does not[: 30
185	185
186	186	1. require the person to obtain new real property or 31
187	187	additional rights–of–way through eminent domain; or 32
188	188
189	189	2.] require larger or higher structures to accommodate: 33
190	190
191	191	[A.] 1. increased voltage; or 34
192	192	SENATE BILL 737 5
193	193
194	194
195	195	[B.] 2. larger conductors. 1
196	196
197	197	(ii) 1. For construction related to an existing overhead 2
198	198	transmission line, including repairs, that is necessary to avoid an imminent safety hazard 3
199	199	or reliability risk, a person may undertake the necessary construction. 4
200	200
201	201	2. Within 30 days after construction is completed under 5
202	202	subsubparagraph 1 of this subparagraph, a person shall file a report with the Commission 6
203	203	describing the work that was completed. 7
204	204
205	205	7–207.1. 8
206	206
207	207	(b) This section applies to a person who: 9
208	208
209	209	(1) constructs a generating station: 10
210	210
211	211	(i) designed to provide on–site generated electricity if: 11
212	212
213	213	1. the capacity of the generating station does not exceed 70 12
214	214	megawatts; and 13
215	215
216	216	2. the electricity that may be exported for sale from the 14
217	217	generating station to the electric system is sold only on the wholesale market pursuant to 15
218	218	an interconnection, operation, and maintenance agreement with the local electric company; 16
219	219	or 17
220	220
221	221	(ii) that produces electricity from wind if: 18
222	222
223	223	1. the generating station is land–based; 19
224	224
225	225	2. the capacity of the generating station does not exceed 70 20
226	226	megawatts; 21
227	227
228	228	3. the electricity that may be exported for sale from the 22
229	229	generating station to the electric system is sold only on the wholesale market pursuant to 23
230	230	an interconnection, operation, and maintenance agreement with the local electric company; 24
231	231
232	232	4. the Commission provides an opportunity for public 25
233	233	comment at a public hearing as provided in subsection (g) of this section; and 26
234	234
235	235	5. the generating station’s wind turbines are not located 27
236	236	within a distance from the Patuxent River Naval Air Station that is determined by 28
237	237	regulations adopted by the Commission in coordination with the Commander, Naval Air 29
238	238	Warfare Center Aircraft Division, provided that the distance requirement under the 30
239	239	regulation is: 31
240	240	6 SENATE BILL 737
241	241
242	242
243	243	A. not greater than is necessary to encompass an area in 1
244	244	which utility scale wind turbines could create Doppler radar interference for missions at 2
245	245	the Patuxent River Naval Air Station; 3
246	246
247	247	B. not greater than 46 miles, measured from location 4
248	248	38.29667N, 76.37668W; and 5
249	249
250	250	C. subject to modification if necessary to reflect changes in 6
251	251	missions or technology at the Patuxent River Naval Air Station or changes in wind energy 7
252	252	technology; or 8
253	253
254	254	(2) constructs a generating station if: 9
255	255
256	256	(i) the capacity of the generating station does not exceed 25 10
257	257	megawatts; 11
258	258
259	259	(ii) the electricity that may be exported for sale from the generating 12
260	260	station to the electric system is sold only on the wholesale market pursuant to an 13
261	261	interconnection, operation, and maintenance agreement with the local electric company; 14
262	262	and 15
263	263
264	264	(iii) at least 10% of the electricity generated at the generating station 16
265	265	each year is consumed on–site. 17
266	266
267	267	(H) A PERSON MAY NOT EXERC ISE A RIGHT OF CONDE MNATION TO ACQUIRE 18
268	268	PROPERTY FOR THE PUR POSE OF CONSTRUCTING A GENERATING STATION UNDER 19
269	269	THIS SECTION THAT PR ODUCES ELECTRICITY F ROM WIND ENERGY OR S OLAR 20
270	270	ENERGY. 21
271	271
272	272	7–208. 22
273	273
274	274	(b) This section applies to any person: 23
275	275
276	276	(1) constructing a generating station and its associated overhead 24
277	277	transmission lines designed to carry a voltage in excess of 69,000 volts; OR 25
278	278
279	279	(2) [exercising the right of condemnation in connection with the 26
280	280	construction; or 27
281	281
282	282	(3)] constructing a qualified submerged renewable energy line. 28
283	283
284	284	Article – Real Property 29
285	285
286	286	10–705. 30
287	287
288	288	(a) (1) In this section the following words have the meanings indicated. 31 SENATE BILL 737 7
289	289
290	290
291	291
292	292	(2) “Conservation easement” means an easement, covenant, restriction, or 1
293	293	condition on real property, including an amendment to an easement, covenant, restriction, 2
294	294	or condition, as provided for in § 2–118 of this article that is: 3
295	295
296	296	(i) Owned by: 4
297	297
298	298	1. The Maryland Environmental Trust; 5
299	299
300	300	2. The Maryland Historical Trust; 6
301	301
302	302	3. The Maryland Agricultural Land Preservation 7
303	303	Foundation; 8
304	304
305	305	4. The Maryland Department of Natural Resources; 9
306	306
307	307	5. A county or municipal corporation and is funded by the 10
308	308	Maryland Department of Natural Resources, the Rural Legacy Program, or a local 11
309	309	agricultural preservation program; or 12
310	310
311	311	6. A land trust; or 13
312	312
313	313	(ii) Required by a permit issued by the Department of the 14
314	314	Environment. 15
315	315
316	316	12–101. 16
317	317
318	318	(a) All proceedings for the acquisition of private property for public use by 17
319	319	condemnation are governed by the provisions of this title and of Title 12, Chapter 200 of 18
320	320	the Maryland Rules. 19
321	321
322	322	(E) NOTWITHSTANDING ANY O THER LAW, THE STATE OR ANY OF ITS 20
323	323	INSTRUMENTALITIES OR POLITICAL SUBDIVISIO NS MAY NOT ACQUIRE B Y 21
324	324	CONDEMNATION A PROPE RTY THAT: 22
325	325
326	326	(1) IS ENCUMBERED BY A CONS ERVATION EASEMENT AS DEFINED 23
327	327	UNDER § 10–705(A) OF THIS ARTICLE; OR 24
328	328
329	329	(2) WILL BE USED FOR THE CONSTRUCTION OF A PO WER LINE OR A 25
330	330	GENERATING STATION T HAT PRODUCES ELECTRI CITY FROM WIND ENERG Y OR 26
331	331	SOLAR ENERGY . 27
332	332
333	333	SECTION 2. AND BE IT FURTH ER ENACTED, That this Act shall take effect 28
334	334	October 1, 2025. 29
335	335