EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0853*
SENATE BILL 853
C5 5lr1303
By: Senators Lewis Young, Brooks, and Hettleman
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Public Service Commission – Transmission Line Siting – Limitations 2
FOR the purpose of prohibiting the Public Service Commission from authorizing, and a 3
person from undertaking, the construction of an overhead transmission line under 4
certain circumstances; and generally relating to overhead transmission lines. 5
BY repealing and reenacting, without amendments, 6
Article – Public Utilities 7
Section 7–207(b)(1)(i) 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2024 Supplement) 10
BY adding to 11
Article – Public Utilities 12
Section 7–207(h) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Public Utilities 17
Section 7–207(h) 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 853
(b) (1) (i) Unless a certificate of public convenience and necessity for the 1
construction is first obtained from the Commission, a person may not begin construction in 2
the State of: 3
1. a generating station; or 4
2. a qualified generator lead line. 5
(H) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 6
COMMISSION MAY NOT AUTHORIZ E, AND A PERSON MAY NOT UNDERTAKE , THE 7
CONSTRUCTION OF AN O VERHEAD TRANSMISSION LINE THAT DOES NOT U TILIZE AN 8
EXISTING TRANSMISSIO N LINE RIGHT –OF–WAY UNLESS THE APPLI CANT 9
ADEQUATE LY DEMONSTRATES TO THE COMMISSION THAT EXISTING TRANSM ISSION 10
LINE RIGHTS–OF–WAY ARE NOT SUFFICIENT FOR T HE PROPOSED OVERHEAD 11
TRANSMISSION LINE . 12
(2) IF THE COMMISSION DETERMINES THAT AN EXISTING 13
TRANSMISSION LINE RI GHT–OF–WAY IS NOT SUFFICIEN T FOR A PROPOSED 14
OVERHEAD TRANSMISSIO N LINE, THE COMMISSION MAY AUTHOR IZE 15
CONSTRUCTION OF A NE W OVERHEAD TRANSMISSION LINE WI THIN 0.25 MILES OF 16
AN EXISTING OVERHEAD TRANSMISSION LINE . 17
[(h)] (I) (1) A county or municipal corporation has the authority to approve 18
or deny any local permit required under a certificate of public convenience and necessity 19
issued under this section. 20
(2) A county or municipal corporation shall approve or deny any local 21
permits required under a certificate of public convenience and necessity issued under this 22
section: 23
(i) within a reasonable time; and 24
(ii) to the extent local laws are not preempted by State law, in 25
accordance with local laws. 26
(3) A county or municipal corporation may not condition the approval of a 27
local permit required under a certificate of public convenience and necessity issued under 28
this section on receipt of any of the following approvals for any aspect of a generating 29
station, an overhead transmission line, or a qualified lead line proposed to be constructed 30
under the certificate: 31
(i) a conditional use approval; 32
(ii) a special exception approval; or 33
(iii) a floating zone approval. 34 SENATE BILL 853 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2025. 2