EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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.
*sb0931*
SENATE BILL 931
C5, M5 5lr1535
CF HB 1036
By: Senator Feldman
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 13, 2025
CHAPTER ______
AN ACT concerning 1
Public Utilities – Generating Stations – Generation and Siting 2
(Renewable Energy Certainty Act) 3
FOR the purpose of altering the factors the Public Service Commission must consider before 4
taking final action on a certificate of public convenience and necessity; establishing 5
certain requirements for the construction of a certain solar energy generating station 6
or front–of–the–meter energy storage device; prohibiting a local jurisdiction from 7
adopting certain laws or regulations or denying certain site development plans under 8
certain circumstances; requiring a local government to expedite the review and 9
approval of certain site development plans under certain circumstances; authorizing 10
a local government to establish a certain community solar energy generating system 11
automatic enrollment program under certain circumstances; establishing certain 12
requirements for the sale, lease, and installation of certain residential rooftop solar 13
energy generating systems; requiring the Department of Natural Resources to 14
update a certain tool and analyze State–owned land suitable for solar energy 15
development; requiring the Maryland Department of Labor to develop a special solar 16
contractor license; requiring the Commission to conduct a certain study to establish 17
a process by which the Commission may establish certain partnerships procurement 18
models; and generally relating to generating stations. 19
BY repealing and reenacting, without amendments, 20
Article – Public Utilities 21
Section 7–207(d) 22
Annotated Code of Maryland 23
(2020 Replacement Volume and 2024 Supplement) 24 2 SENATE BILL 931
BY repealing and reenacting, with amendments, 1
Article – Public Utilities 2
Section 7–207(e) and 7–306.2(a), (c), and (d)(7) 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2024 Supplement) 5
BY adding to 6
Article – Public Utilities 7
Section 7–218, 7–219, 7–306.2(o), and 7–320 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2024 Supplement) 10
BY adding to 11
Article – State Government 12
Section 9–2017 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND, 16
That the Laws of Maryland read as follows: 17
Article – Public Utilities 18
7–207. 19
(d) (1) (i) The Commission shall provide an opportunity for public 20
comment and hold a public hearing on the application for a certificate of public convenience 21
and necessity in each county and municipal corporation in which any portion of the 22
construction of a generating station, an overhead transmission line designed to carry a 23
voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. 24
(ii) The Commission may hold the public hearing virtually rather 25
than in person if the Commission provides a comparable opportunity for public comment 26
and participation in the hearing. 27
(2) The Commission shall hold the public hearing jointly with the 28
governing body of the county or municipal corporation in which any portion of the 29
construction of the generating station, overhead transmission line, or qualified generator 30
lead line is proposed to be located, unless the governing body declines to participate in the 31
hearing. 32
(3) (i) Once in each of the 4 successive weeks immediately before the 33
hearing date, the Commission shall provide weekly notice of the public hearing and an 34
opportunity for public comment: 35
SENATE BILL 931 3
1. by advertisement in a newspaper of general circulation in 1
the county or municipal corporation affected by the application; 2
2. on two types of social media; and 3
3. on the Commission’s website. 4
(ii) Before a public hearing, the Commission shall coordinate with 5
the governing body of the county or municipal corporation in which any portion of the 6
construction of the generating station, overhead transmission line, or qualified generator 7
lead line is proposed to be located to identify additional options for providing, in an efficient 8
and cost–effective manner, notice of the public hearing through other types of media that 9
are familiar to the residents of the county or municipal corporation. 10
(4) (i) On the day of a public hearing, an informational sign shall be 11
posted prominently at or near each public entrance of the building in which the public 12
hearing will be held. 13
(ii) The informational sign required under subparagraph (i) of this 14
paragraph shall: 15
1. state the time, room number, and subject of the public 16
hearing; and 17
2. be at least 17 by 22 inches in size. 18
(iii) If the public hearing is conducted virtually rather than in person, 19
the Commission shall provide information on the hearing prominently on the Commission’s 20
website. 21
(5) (i) The Commission shall ensure presentation and 22
recommendations from each interested State unit, and shall allow representatives of each 23
State unit to sit during hearing of all parties. 24
(ii) The Commission shall allow each State unit 15 days after the 25
conclusion of the hearing to modify the State unit’s initial recommendations. 26
(e) The Commission shall take final action on an application for a certificate of 27
public convenience and necessity only after due consideration of: 28
(1) the recommendation of the governing body of each county or municipal 29
corporation in which any portion of the construction of the generating station, overhead 30
transmission line, or qualified generator lead line is proposed to be located; 31
(2) the effect of the generating station, overhead transmission line, or 32
qualified generator lead line on: 33
4 SENATE BILL 931
(i) the stability and reliability of the electric system; 1
(ii) economics; 2
(iii) esthetics; 3
(iv) historic sites; 4
(v) aviation safety as determined by the Maryland Aviation 5
Administration and the administrator of the Federal Aviation Administration; 6
(vi) when applicable, air quality and water pollution; and 7
(vii) the availability of means for the required timely disposal of 8
wastes produced by any generating station; 9
(3) the effect of climate change on the generating station, overhead 10
transmission line, or qualified generator lead line based on the best available scientific 11
information recognized by the Intergovernmental Panel on Climate Change; [and] 12
(4) for a generating station: 13
(i) the consistency of the application with the comprehensive plan 14
and zoning of each county or municipal corporation where any portion of the generating 15
station is proposed to be located; 16
(ii) the efforts to resolve any issues presented by a county or 17
municipal corporation where any portion of the generating station is proposed to be located; 18
(iii) the impact of the generating station on the quantity of annual 19
and long–term statewide greenhouse gas emissions, measured in the manner specified in § 20
2–1202 of the Environment Article and based on the best available scientific information 21
recognized by the Intergovernmental Panel on Climate Change; and 22
(iv) the consistency of the application with the State’s climate 23
commitments for reducing statewide greenhouse gas emissions, including those specified 24
in Title 2, Subtitle 12 of the Environment Article; AND 25
(5) FOR A SOLAR ENERGY G ENERATING STATION SP ECIFIED UNDER § 26
7–218 OF THIS SUBTITLE, WHETHER THE OWNER OF A PROPOSED SOLAR ENE RGY 27
GENERATING STATION C OMPLIES WITH THE SITE REQUIREMENTS OF UNDER § 28
7–218(F) OF THIS SUBTITLE . 29
7–218. 30
SENATE BILL 931 5
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “BROWNFIELDS SIT E” HAS THE MEANING STAT ED IN § 7–207 OF 3
THIS SUBTITLE. 4
(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 5
CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 6
(4) “PRIORITY PRESERVATION AREA” MEANS AN AREA CERTIF IED AS 7
A PRIORITY PRESERVAT ION AREA UNDER § 2–518 OF THE AGRICULTURE ARTICLE. 8
(5) (I) “PROJECT AREA ” MEANS AN AREA WITHIN WHICH 9
CONSTRUCTION , MATERIALS AND EQUIPM ENT STORAGE , GRADING, LANDSCAPING , 10
AND RELATED ACTIVITI ES FOR A PROJEC T MAY OCCUR. 11
(II) “PROJECT AREA ” INCLUDES ONE OR MORE CONTIGUOUS 12
PARCELS OR PROPERTIE S UNDER THE SAME OWN ERSHIP OR LEASE AGRE EMENT. 13
(B) THIS SECTION APPLIES ONLY TO A SOLAR ENER GY GENERATING 14
STATION THAT: 15
(1) HAS THE CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS 1 16
MEGAWATT OF ELECTRICITY AS ME ASURED BY THE ALTERN ATING CURRENT RATING 17
OF THE SYSTEM’S STATION’S INVERTER; 18
(2) (I) IS DESIGNED TO PRODU CE ELECTRICITY FOR S ALE ON THE 19
WHOLESALE MARKET ; OR 20
(II) IS A COMMUNITY SOLAR ENERGY GENERATING SY STEM 21
UNDER § 7–306.2 OF THIS TITLE; OR 22
(III) IS PART OF AGGREGATE NET METERING UNDER § 7–306.3 23
OF THIS TITLE; AND 24
(3) IS NOT LOCATED ON A ROOFTOP, CARPORT, OR BROWNFIELDS 25
SITE OR BEHIND THE M ETER OF A RETAIL ELECTRIC CUSTOMER . 26
(C) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SO LAR ENERGY 27
GENERATING STATION U NLESS: 28
(1) THE CONSTRUCTION HAS BEE N APPROVED BY THE COMMISSION 29
IN ACCORDANCE WITH OR, FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS 30
THE CAPACITY TO PRO DUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 31 6 SENATE BILL 931
MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 1
THE LOCAL JURISDICTI ON VERIFIES THAT THE PROPOSED CONSTRUCTIO N MEETS 2
ALL OF THE SITE REQU IREMENTS UNDER SUBSE CTION (F) OF THIS SECTION; AND 3
(2) (I) FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS THE 4
CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS MEASURED 5
BY THE ALTERNATING C URRENT RATING OF THE STATION’S INVERTER: 6
(I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 7
HAS BEEN ISSUED IN A CCORDANCE WITH § 7–207 OF THIS SUBTITLE; OR 8
(II) THE CONSTRUCTION HAS BEEN APPROVED BY THE 9
COMMISSION IN ACCORDA NCE WITH § 7–207.1 OF THIS SUBTITLE; AND 10
(3) THE CONSTRUCTION HAS RECEIVED APPROVAL FO R ALL LOCAL 11
PERMITS REQUIRED UND ER § 7–207(H) OF THIS SUBTITLE. 12
(D) ON RECEIPT OF AN APPL ICATION FOR APPROVAL UNDER THIS SECTION , 13
THE COMMISSION SHALL PROV IDE IMMEDIATE NOTICE OR REQUIRE THE 14
APPLICANT TO PROVIDE IMMEDIATE NOTICE OF THE APPLICATION TO : 15
(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 16
CORPORATION IN WHICH ANY PORTION OF THE S OLAR ENERGY GENERATI NG 17
STATION IS PROPOSED TO BE CONSTRUCTED ; 18
(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 19
CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCAT ION OF THE SOLAR ENE RGY 20
GENERATING STATION ; 21
(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 22
PART OF A COUNTY IN WHICH ANY PORTION OF THE SOLAR ENERGY GEN ERATING 23
STATION IS PROPOSED TO BE CONSTRUCTED ; 24
(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 25
PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R 26
ENERGY GENERATING ST ATION; AND 27
(5) THE RESIDENTS AND PR OPERTY OWNERS WITHIN 1 MILE OF THE 28
PROPOSED LOCATION OF THE SOLAR ENERGY GEN ERATING STATION 29
(1) A PERSON THAT SUBMITS AN APPLICATION FOR A PPROVAL OF 30
THE CONSTRUCTION OF A SOLAR ENERGY GENER ATING STATION IN ACC ORDANCE 31
WITH § 7–207 OR § 7–207.1 OF THIS SUBTITLE SHA LL INCLUDE WITH THE 32
APPLICATION WRITTEN DOCUMENTATION OR OTH ER EVIDENCE SHOWING THAT THE 33 SENATE BILL 931 7
PROPOSED CONSTRUCTIO N MEETS THE REQUIREM ENTS UNDER SUBSECTIO NS (F) 1
AND (G) OF THIS SECTION. 2
(2) FOR A SOLAR ENERGY GE NERATING STATION THA T HAS THE 3
CAPACITY TO PRODUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 4
MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 5
A PERSON THAT SUBMIT S A SITE DEVELOPMENT PLAN TO A LOCAL JURI SDICTION 6
SHALL INCLUDE WITH T HE PLAN WRITTEN DOCU MENTATION OR OTHER E VIDENCE 7
SHOWING THAT THE PRO POSED CONSTRUCTION M EETS THE REQUIREMENT S UNDER 8
SUBSECTIONS (F) AND (G) OF THIS SECTION. 9
(E) (1) WHEN REVIEWING AN APPLICA TION FOR APPROVAL UN DER 10
VERIFYING WHETHER TH E DOCUMENTATION PROV IDED UNDER SUBSECTIO N (D) OF 11
THIS SECTION MEETS T HE REQUIREMENTS UNDE R SUBSECTIONS (F) AND (G) OF 12
THIS SECTION, THE COMMISSION OR LOCAL JURISDICTION SHALL: 13
(1) COMPLY WITH AND REQU IRE THE OWNER OF THE PROPOSED 14
SOLAR ENERGY GENERAT ING STATION TO COMPL Y WITH § 7–207(D) OF THIS 15
SUBTITLE; AND 16
(2), IF THE PROPOSED LOCA TION OF THE SOLAR EN ERGY GENERATING 17
STATION IS IN AN ARE A CONSIDERED T O BE OVERBURDENED AN D UNDERSERVED , 18
AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE THE PERSON 19
CONSTRUCTING THE SOL AR ENERGY GENERATING STATION TO HOLD AT L EAST TWO 20
PUBLIC MEETINGS IN T HE COMMUNITY WHERE T HE SOLAR ENERGY GENE RATING 21
STATION IS TO B E LOCATED TO COLLECT COMMUNITY FEEDBACK AND PROVIDE 22
OPPORTUNITIES TO ADD RESS COMMUNITY FEEDB ACK. 23
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 24
MEETINGS REQUIRED UN DER PARAGRAPH (1) OF THIS SUBSECTION S HALL BE HELD: 25
1. IN THE COUNTY IN WHI CH THE PROPOSED SOLA R 26
ENERGY GENERATING ST ATION IS TO BE LOCAT ED; AND 27
2. WITHIN 10 MILES OF THE PROPOSE D LOCATION OF 28
THE SOLAR ENERGY GEN ERATING STATION . 29
(II) IF THE OWNER OF A PRO POSED SOLAR ENERGY 30
GENERATING STATION C ANNOT FIND A MEETING LOCATI ON THAT MEETS THE 31
REQUIREMENTS OF SUBP ARAGRAPH (I) OF THIS PARAGRAPH , THE OWNER MAY 32
SELECT AN ALTERNATIV E LOCATION THAT IS A S CLOSE AS PRACTICAB LE TO THE 33
LOCATION OF THE PROP OSED SOLAR ENERGY GE NERATING STATION . 34
8 SENATE BILL 931
(F) (1) AN EXCEPT AS P ROVIDED IN PARAGRAPH (9) OF THIS 1
SUBSECTION, AN OWNER OF A PROPOSED SOLAR ENERGY GENERAT ING STATION: 2
(I) SHALL PROVIDE A BOUN DARY OF 150 FEET BETWEEN THE 3
SOLAR ENERGY GENERAT ING STATION AND ANY OCCUPIED BUILDIN GS OR 4
DWELLINGS NOT AFFILI ATED WITH THE SO LAR ENERGY GENERATIN G STATION THE 5
NEAREST WALL OF A RE SIDENTIAL DWELLING ; 6
(II) SHALL PROVIDE A BOUN DARY OF 50 100 FEET BETWEEN 7
THE SOLAR ENERGY GEN ERATING STATION AND ANY PARCELS OF LAND NOT 8
AFFILIATED WITH THE SOLAR ENERG Y GENERATING STATION ALL PROPERTY LINES , 9
NOT INCLUDING PROPER TY LINES THAT BISECT THE INTERIOR OF A PR OJECT AREA; 10
(III) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 11
A. AROUND THE SOLAR ENE RGY GENERATING STATI ON 12
ONLY ON THE INTERIOR OF A LANDSCAPE BUFFE R OR IMMEDIATELY ADJACENT TO 13
A SOLAR ENERGY GENER ATING STATION; AND 14
B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; 15
C. THAT IS ONLY BLACK O R GREEN VINYL WIRE M ESH IF 16
THE OWNER PROPOSES T O USE CHAIN LINK FEN CING; AND 17
D. THAT IS NOT LESS THA N 50 FEET AWAY FROM THE 18
EDGE OF ANY PUBLIC R OAD RIGHT–OF–WAY; AND 19
2. MAY USE BARBED WIRE FENCING AROUND THE 20
SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 21
INFRASTRUCTURE ; AND 22
(IV) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 23
VEGETATIVE SCREENING IF REQUIRED BY THE LOCA L JURISDICTION . IN 24
ACCORDANCE WITH PARA GRAPH (3) OF THIS SUBSECTION ; 25
(V) EXCEPT FOR EQUIPMENT REQUIRED FOR 26
INTERCONNECTION WITH ELECTRIC SYSTEM INFR ASTRUCTURE , MAY NOT LOCATE 27
ANY SOLAR ARRAY , ANCILLARY EQUIPMENT , OR ACCESSORY BUILDI NGS OR 28
FACILITIES WITHIN A PUBLIC ROAD RIGHT –OF–WAY; 29
(VI) 1. SHALL MITIGATE THE V ISUAL IMPACT OF THE SOLAR 30
ENERGY GENERATING ST ATION ON A PRESERVAT ION AREA, RURAL LEGACY AREA , 31
PRIORITY PRESERVATIO N AREA, PUBLIC PARK , SCENIC RIVER OR BYWA Y, 32
DESIGNATED H ERITAGE AREA , OR HISTORIC STRUCTUR E OR SITE LISTED ON OR 33 SENATE BILL 931 9
ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES OR RELEVANT 1
COUNTY REGISTER OF H ISTORIC PLACES; AND 2
2. SHALL INCLUDE IN AN APPLICATION FOR A SI TE 3
DEVELOPMENT PLAN A V IEWSHED ANALYSIS FOR ANY AREA, STRUCTURE, OR SITE 4
SPECIFIED IN ITEM 1 OF THIS ITEM; AND 5
(VII) SHALL PROVIDE NOTICE OF EACH PROPOSED SOL AR 6
ENERGY GENERATING ST ATION TO THE EMERGEN CY RESPONSE SERVICES OF EACH 7
COUNTY IN WHICH ANY PORTION OF THE GENER ATING STATION IS TO BE 8
CONSTRUCTED, INCLUDING A MAP OF T HE PROPOSED GENERATI NG STATION AND 9
THE PROPOSED LOCATIO N OF ANY SOLAR COLLE CTOR OR ISOLATOR SWI TCH. 10
(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 11
FOR A SOLAR ENERGY G ENERATING STATION AP PROVED UNDER THIS SECTION. 12
(3) THE BUFFER OR VEGETATIVE SCREEN ING REQUIRED IN 13
PARAGRAPH (1)(IV) OF THIS SUBSECTION S HALL: 14
(I) BE NOT MORE THAN 25 FEET IN DEPTH; 15
(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 16
SOLAR ENERGY GENERAT ING SYSTEM; 17
(III) INCLUDE MULTILAYERED , STAGGERED ROWS OF 18
OVERSTORY AND UNDERS TORY TREES; AND 19
(IV) BE PLANTED WITH NOT MORE THAN 10 TREES PER 100 20
LINEAR FEET, WITH A MAXIMUM HEIGH T AT PLANTING OF 6 FEET BE NOT MORE 21
THAN 35 FEET WIDE; 22
(II) BE PROVIDED ALONG : 23
1. ALL PROPERTY LINES ; 24
2. LOCATIONS OF THE EXT ERIOR BOUNDARY FOR T HE 25
SOLAR ENERGY GENERAT ING STATION WHERE EX ISTING WOODED VEGETA TION OF 26
50 FEET OR MORE IN WIDT H DOES NOT EXIST ; OR 27
3. AN ALTERNATIVE LOCAT ION WITHIN THE BOUND ARY 28
FOR THE SOLAR ENERGY GENERATING STATION I F THE OWNER DEMONSTR ATES 29
THAT THE ALTERNATIVE LOCATION WOULD MAXIM IZE THE VISUAL SCREE NING; 30
10 SENATE BILL 931
(III) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 1
SOLAR ENERGY GENERAT ING STATION; 2
(IV) BE PLACED BETWEEN AN Y FENCING AND THE PU BLIC VIEW; 3
(V) INCLUDE MULTILAYERED , STAGGERED ROWS OF 4
OVERSTORY AND UNDERS TORY TREES AND SHRUB S THAT: 5
1. ARE A MIXTURE OF EVE RGREEN AND DECIDUOUS 6
VEGETATION; 7
2. ARE PREDOMINANTLY NA TIVE TO THE REGION ; 8
3. ARE MORE THAN 4 FEET IN HEIGHT AT PL ANTING; 9
4. ARE DESIGNED TO PROV IDE SCREENING OR 10
BUFFERING WITHIN 5 YEARS OF PLANTING ; 11
5. MAY NOT BE TRIMMED T O STUNT UPWARD OR 12
OUTWARD GROWTH OR TO OTHERWISE LIMIT THE EFFECTIVENESS OF THE VISUAL 13
SCREEN; 14
6. CONFORM TO THE PLANT SIZE SPECIFICATIONS 15
ESTABLISHED BY THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1); 16
AND 17
7. ARE SPECIFIED IN A L ANDSCAPING PLAN PREP ARED 18
BY A QUALIFIED PROFE SSIONAL LANDSCAPE AR CHITECT; 19
(VI) BE INSTALLED AS EARL Y IN THE CONSTRUCTION PROC ESS 20
AS PRACTICABLE AND B EFORE THE ACTIVATION OF THE PROPOSED SOLA R ENERGY 21
GENERATING STATION ; 22
(VII) PRESERVE TO THE MAXI MUM EXTENT PRACTICAB LE AND 23
SUPPLEMENTED WITH NE W PLANTINGS WHERE NE CESSARY, ANY FOREST OR 24
HEDGEROW THAT EXISTS AT A LOCATION WHERE VISUAL SCREENING OR 25
LANDSCAPE BUFFERING IS REQUIRED; AND 26
(VIII) SHALL BE MAINTAINED WITH A 90% SURVIVAL THRESHOLD 27
FOR THE LIFE OF THE SOLAR ENERGY GENERAT ING SYSTEM THROUGH A 28
MAINTENANCE AGREEMEN T THAT INCLUDES A WA TERING PLAN. 29
SENATE BILL 931 11
(4) WITH RESPECT TO THE S ITE ON WHICH A SOLAR ENERGY 1
GENERATING STATION I S PROPOSED FOR CONST RUCTION, THE OWNER OF THE 2
SOLAR ENERGY GENERAT ING STATION: 3
(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 4
POSSIBLE; 5
(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL, BUT MAY 6
MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; 7
(III) TO MAINTAIN SOIL INT EGRITY, SHALL PLANT NATIVE OR 8
NONINVASIVE NATURALI ZED VEGETATION AND OTHER APPROPRIATE VEGETATI VE 9
PROTECTIONS THAT HAV E A 90% SURVIVAL THRESHOLD F OR THE FIRST 3 YEARS OF 10
THE LIFE OF THE SOLAR EN ERGY GENERATING STAT ION; 11
(IV) SHALL LIMIT MOWING A ND OTHER UNNECESSARY 12
LANDSCAPING ; 13
(V) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 14
AND NOXIOUS SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF 15
AGRICULTURE ’S WEED CONTROL PROGRAM ; AND 16
(VI) SHALL POST FOR THE F IRST 3 5 YEARS OF THE LIFE OF THE 17
SOLAR ENERGY GENERAT ING STATION A LANDSC APING BOND EQUAL TO 50% 100% 18
OF THE TOTAL LANDSCA PING COST WITH THE C OUNTY IN WHICH THE S OLAR ENERGY 19
GENERATING STATION I S LOCATED. 20
(5) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 21
PARAGRAPH , A LOCAL JURISDICTION SHALL HOLD ANY LANDS CAPING BOND 22
REQUIRED UNDER PARAG RAPH (4)(VI) OF THIS SUBSECTION F OR 5 YEARS. 23
(II) A LOCAL JURISDICTION S HALL RELEASE 50% OF THE 24
LANDSCAPING BOND IF, ON INSPECTION , THE VEGETATIVE PROTE CTIONS MEET A 25
90% SURVIVAL THRESHOLD . 26
(III) FOLLOWING THE RELEASE OF A LANDSCAPING BON D 27
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE REMAINING LANDSC APING 28
BOND SHALL BE HELD F OR AN ADDITIONAL 2 YEARS AND, ON FURTHER INSPECTION 29
AND CONFIRMATION THA T THE VEGETATIVE PRO TECTIONS CONTINUE TO MEET A 30
90% SURVIVAL THRESHOLD , SHALL BE RELEASED . 31
(6) AN OWNER OF A SOLAR E NERGY GENERATING STA TION SHALL 32
COMPLY WITH ALL STATE LAWS RELATING T O: 33
12 SENATE BILL 931
(I) STORMWATER MANAGE MENT; 1
(II) EROSION AND SEDIMENT CONTROL; 2
(III) SITE STABILIZATION ; 3
(IV) IMPACTS ON SOIL DENS ITY AND COMPACTION ; AND 4
(V) IMPACTS ON GROUND CO VER UNDER THE PANELS . 5
(7) EXCEPT AS REQUIRED BY LAW, OR FOR SAFETY OR EME RGENCY, 6
THE SOLAR ENERGY GENERATING STATION M AY NOT EMIT VISIBLE LIGHT DURING 7
DUSK TO DAWN OPERATI ONS. 8
(8) (I) THIS PARAGRAPH DOES N OT APPLY TO: 9
1. EQUIPMENT NECESSARY FOR INTERCONNECTION 10
WITH THE ELECTRIC SY STEM; OR 11
2. SOLAR ENERGY GENERAT ING STATIONS LOCATED ON 12
LAND THAT ARE ALSO USED FOR AGRICULTURAL PUR POSES. 13
(II) A PROPOSED SOLAR ENERG Y GENERATING STATION AND 14
ANY ACCESSORY STRUCT URES ASSOCIATED WITH THE STATION MUST HAV E AN 15
AVERAGE HEIGHT OF NO T MORE THAN 15 FEET. 16
(9) SETBACKS FOR SOLAR EN ERGY GENERATING STAT IONS: 17
(I) SHALL BE MEASURED FR OM THE PROPERTY BOUN DARY TO 18
THE NEAREST SOLAR AR RAY OR ACCESSORY EQU IPMENT, BUILDINGS, OR 19
FACILITIES THAT GENE RATE, MAINTAIN, OPERATE, MANAGE, DISTRIBUTE, AND 20
TRANSMIT ELECTRICITY ; AND 21
(II) MAY NOT APPLY TO ANY INTERCONNECTION TIE LINE OR 22
FACILITY THAT CONNEC TS A SOLAR ENERGY GE NERATING STATION TO THE 23
ELECTRIC SYSTEM . 24
(10) (I) THE OWNER OF A PROPOS ED SOLAR ENERGY GENE RATING 25
STATION MAY PROVIDE TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 26
DOCUMENTATION OF A S ITING AGREEMENT : 27
1. ENTERED INTO WITH TH E COUNTY IN WHICH TH E 28
PROPOSED SOLAR ENERG Y GENERATING STATION IS TO BE LOCATED; AND 29
SENATE BILL 931 13
2. THAT PROVIDES LESS S TRINGENT RESTRICTION S 1
THAN THOSE SPECIFIED UNDER THIS SUBSEC TION. 2
(II) IF A PROPOSED SOLAR E NERGY GENERATING STA TION 3
PROVIDES TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 4
DOCUMENTATION IN ACC ORDANCE WITH SUBPARA GRAPH (I) OF THIS PARAGRAPH , 5
THE PROPOSED SOLAR E NERGY GENERATING STA TION SHALL BE CONSID ERED AS 6
MEETING THE REQUIREME NTS OF THIS SUBSECTI ON. 7
(G) AN OWNER OF A SOLAR E NERGY GENERATING STA TION: 8
(1) SHALL ENTER INTO A D ECOMMISSIONING AGREE MENT WITH THE 9
COMMISSION ON A FORM THAT THE COMMISSION PROVIDES ; 10
(2) SHALL POST A SURETY BOND WITH THE COMMISSION FOR NOT 11
MORE THAN 100% 125% OF THE ESTIMATED FUTURE COST OF DECOMMISSION ING 12
THE SOLAR ENERGY GEN ERATING STATION AND ITS RELATED INFRASTR UCTURE, 13
LESS ANY SALVAGE VAL UE; AND 14
(3) SHALL EXECUTE A SECU RITIZATION BOND TRUE –UP EVERY 5 15
YEARS. 16
(H) (1) A EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS 17
SUBSECTION, A LOCAL JURISDICTION M AY NOT: 18
(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 19
THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF SOLAR ENERGY 20
GENERATING STATIONS ; OR 21
(II) DENY SITE DEVELOPMENT PLANS FO R SOLAR ENERGY 22
GENERATING STATIONS THAT MEET THE REQUIR EMENTS OF SUBSECTION (F) OF 23
THIS SECTION. 24
(2) A LOCAL JURISDICTION S HALL: 25
(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 26
DEVELOPMENT PLANS FO R SOLAR ENERGY GENER ATING STATIONS IF THOSE PLANS 27
MEET THE REQUIREMENT S OF THIS SECTION; AND 28
(II) FOR SOLAR ENERGY GEN ERATING STATIONS WIT H A 29
GENERATING CAPACITY OF NOT MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 30
ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 31
INVERTER, PROCESS THE SITE DEV ELOPMENT PLAN APPLIC ATION AS A PERMITTED 32
USE SUBJECT TO THE R EVIEW STANDARDS IN § 4–205 OF THE LAND USE ARTICLE. 33 14 SENATE BILL 931
(3) A GROUND MOUNTED SOLAR ENERGY GENERATING ST ATION WITH 1
A GENERATING CAPACIT Y OF MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 2
ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 3
INVERTER, MAY NOT BE LOCATED O N ANY LOT, PARCEL, OR TRACT OF LAND THA T, 4
AS OF JANUARY 1, 2025, IS LOCATED WITHIN : 5
(I) A TIER 1 OR TIER 2 MAPPED LOCALLY DESIG NATED 6
GROWTH AREA ADOPTED UNDER § 1–506 OF THE LAND USE ARTICLE; 7
(II) A MEDIUM DENSITY RES IDENTIAL AREA OR HIG H DENSITY 8
RESIDENTIAL AREA , AS DEFINED IN § 5–1601 OF THE NATURAL RESOURCES 9
ARTICLE; OR 10
(III) A MIXED–USE AREA WITH A RESI DENTIAL COMPONENT . 11
(4) (I) THE TOTAL COMBINED NU MBER OF SOLAR ENERGY 12
GENERATING STATIONS THAT MAY BE APPROVED FOR CONSTRUCTION IN A 13
PRIORITY PRESERVATIO N AREA THAT WAS ESTA BLISHED BEFORE JANUARY 1, 2025, 14
SHALL: 15
1. BE LIMITED IN AREA T O 5% OF THE TOTAL ACREAGE 16
OF THE PRIORITY PRESERVATION AREA ; 17
2. BE LOCATED IN THE PR OJECT AREA WITHIN TH E 18
PRIORITY PRESERVATIO N AREA; AND 19
3. MEET ALL REQUIREMENT S UNDER THIS SECTION . 20
(II) THE PROHIBITIONS IN P ARAGRAPH (1) OF THIS 21
SUBSECTION DO NOT AP PLY TO THE REMAINING 95% OF A PRIORITY PRESERVATION 22
AREA ONCE THE 5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH 23
HAS BEEN ACHIEVED FO R THE PRIORITY PRESE RVATION AREA . 24
(III) A COUNTY SHALL REPORT TO THE COMMISSION WHEN THE 25
5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH HAS BEEN 26
ACHIEVED FOR A PRIOR ITY PRESERVATION ARE A. 27
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 28
SOLAR ENERGY GENERAT ING STATION IS EXEMP T FROM PERSONAL AND REAL 29
PROPERTY TAXES . 30
(2) A SOLAR ENERGY GENERAT ING STATION MAY BE REQUIRED BY A 31
LOCAL JURISDICTION T O MAKE A PAYMENT IN LIEU OF TAXES UP TO $5,000 PER 32 SENATE BILL 931 15
MEGAWATT OF ENERGY G ENERATED FROM THE SO LAR ENERGY GENERATIN G 1
STATION THIS SUBSECTION DOES NOT APPLY TO AGRIVOL TAICS, AS DEFINED IN § 2
7–306.2 OF THIS TITLE , THAT ARE LOCATED ON LAND ASSE SSED FOR 3
AGRICULTURAL USE , OTHER THAN USE AS AN APIARY OR A POLLINAT OR HABITAT, 4
UNDER § 8–209 OF THE TAX – PROPERTY ARTICLE. 5
(J) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO ADD ANY 6
ADDITIONAL LIMITATIO NS TO THE AUTHORITY OF THE COMMISSION IN THE 7
APPROVAL PROCESS FOR AN APPLICATION FOR A CERTIFICATE OF PUBLI C 8
CONVENIENCE AND NECE SSITY. 9
7–219. 10
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(2) “ENERGY STORAGE DEVICE ” HAS THE MEANING STAT ED IN § 13
7–216 OF THIS SUBTITLE. 14
(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 15
CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 16
(B) A PERSON MAY NOT BEGIN CONSTRUCTION OF AN A 17
FRONT–OF–THE–METER ENERGY STORAGE DEVIC E UNLESS THE CONSTRU CTION 18
HAS BEEN APPROVED BY THE COMMISSION IN ACCORDA NCE WITH REGULATIONS 19
ADOPTED UNDER THIS SECTION. 20
(C) ON RECEIPT OF AN APPL ICATION FOR APPROVAL OF THE 21
CONSTRUCTION OF ENERGY STORAGE DEVIC ES A FRONT–OF–THE–METER ENERGY 22
STORAGE DEVICE UNDER THIS SECTION , THE COMMISSION SHALL P ROVIDE 23
IMMEDIATE NOTICE OR REQUIRE THE APPLICAN T TO PROVIDE IMMEDIA TE NOTICE 24
OF THE APPLICATION T O: 25
(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 26
CORPORATION IN WHICH ANY PORTION OF THE E NERGY STORAGE DEVICE IS 27
PROPOSED TO BE CONST RUCTED; 28
(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 29
CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 30
STORAGE DEVICE ; 31
(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 32
PART OF A COUNTY IN WHICH ANY PORTION OF THE ENERGY STORAGE D EVICE IS 33
PROPOSED TO BE CONST RUCTED; 34 16 SENATE BILL 931
(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 1
PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 2
STORAGE DEVICE ; AND 3
(5) THE RESIDENTS AND OWNERS OF PROPERTY THAT IS AFFECTED 4
COMMUNITIES THAT ARE WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE 5
ENERGY STORAGE DEVIC E. 6
(D) WHEN REVIEWING AN APP LICATION FOR APPROVA L UNDER THIS 7
SECTION, THE COMMISSION SHALL : 8
(1) IF THE PROJECT WILL STORE MORE THAN 100 KILOWATTS, 9
COMPLY WITH AND REQU IRE THE APPLICANT TO COMPLY W ITH § 7–207(D) OF THIS 10
SUBTITLE; 11
(2) IF THE PROPOSED LOCA TION OF THE FRONT–OF–THE–METER 12
ENERGY STORAGE DEVIC E IS IN AN AREA CONS IDERED TO BE OVERBUR DENED AND 13
UNDERSERVED , AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE 14
THE APPLICANT TO HOLD AT LEAST TWO PUBLIC MEE TINGS IN THE COMMUNI TY 15
WHERE THE ENERGY STO RAGE DEVICE IS TO BE LOCATED; AND 16
(3) (2) EXEMPT AN A FRONT–OF–THE–METER ENERGY STORAGE 17
DEVICE THAT IS LOCATED WITHIN THE B OUNDARIES OF AN EXIS TING ELECTRICITY 18
GENERATING STATION FROM THE MEETING REQUIREMENTS OF THIS SUBSECTION . 19
(E) (1) AN OWNER OF A PROPOSE D FRONT–OF–THE–METER ENERGY 20
STORAGE DEVICE THAT WILL NOT BE CON STRUCTED AT A COMMERCIAL OR 21
INDUSTRIAL LOCATION : 22
(I) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 23
A. AROUND THE ENERGY ST ORAGE DEVICE ; AND 24
B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; AND 25
2. MAY USE BARBED WIRE FENCING AROUND THE 26
SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 27
INFRASTRUCTURE ; AND 28
(II) SHALL PROVIDE FOR A LANDSCAPING BU FFER OR 29
VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . 30
SENATE BILL 931 17
(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 1
FOR AN A FRONT–OF–THE–METER ENERGY STORAGE DEVIC E APPROVED UNDER 2
THIS SECTION. 3
(3) THE BUFFER REQUIRED IN PARAGRAPH (1)(II) OF THIS 4
SUBSECTION SHALL : 5
(I) BE NOT MORE THAN 25 FEET IN DEPTH; AND 6
(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 7
FRONT–OF–THE–METER ENERGY STORAGE DEVIC E. 8
(4) WITH RESPECT TO THE S ITE ON WHICH AN A 9
FRONT–OF–THE–METER ENERGY STORAGE DEVIC E IS PROPOSED FOR 10
CONSTRUCTION , THE OWNER OF THE ENE RGY STORAGE DEVICE : 11
(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 12
POSSIBLE; 13
(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 14
MOVE OR TEMPORARILY STOCKPILE TOPSOIL FO R GRADING; AND 15
(III) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 16
SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 17
CONTROL PROGRAM . 18
(F) (1) A LOCAL JURISDICTION M AY NOT: 19
(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULATIONS 20
THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF FRONT–OF–THE–METER 21
ENERGY STORAGE DEVIC ES; OR 22
(II) DENY SITE DEVELOPMEN T PLANS FOR 23
FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES THAT MEET THE 24
REQUIREMENTS OF SUBS ECTION (E) OF THIS SECTION. 25
(2) A LOCAL JURISDICTION S HALL: 26
(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 27
DEVELOPMENT PLANS FO R FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES IF 28
THOSE PLANS MEET THE REQUIREMENTS OF THIS SECTION; AND 29
18 SENATE BILL 931
(II) ADOPT STANDARD PROCE SSES FOR THE REVIEW AND 1
APPROVAL OF SITE DEV ELOPMENT PLANS FOR T HE CONSTRUCTION OF 2
FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES. 3
(G) THE COMMISSION MAY WAIVE OR MODIFY THE REQUIR EMENTS UNDER 4
SUBSECTIONS (C), (D), AND (E) OF THIS SECTION FOR GOOD CAUSE. 5
(H) THE COMMISSION SHALL ADOPT REGULATIONS TO CARRY OUT THIS 6
SECTION. 7
7–306.2. 8
(a) (1) In this section the following words have the meanings indicated. 9
(2) (I) “Agrivoltaics” means the simultaneous use of areas of land: 10
1. THAT ARE MAINTAINED IN AGRICULTURAL USE IN 11
ACCORDANCE WITH COMAR 18.02.03 AND THE MARYLAND ASSESSMENT 12
PROCEDURES MANUAL; AND 13
2. for both solar power generation and: 14
(i) A. raising grains, fruits, herbs, melons, mushrooms, nuts, 15
seeds, tobacco, or vegetables; 16
(ii) B. raising poultry, including chickens and turkeys, for meat 17
or egg production; 18
(iii) C. dairy production, such as the raising of milking cows; 19
(iv) D. raising livestock, including cattle, sheep, goats, or pigs; 20
(v) E. horse boarding, breeding, or training; 21
(vi) F. turf farming; 22
(vii) G. raising ornamental shrubs, plants, or flowers, including 23
aquatic plants; 24
(viii) H. aquaculture; 25
(ix) I. silviculture; or 26
(x) J. any other activity UNDER COMAR 18.02.03 OR THE 27
MARYLAND ASSESSMENT PROCEDURES MANUAL THAT IS recognized by the 28 SENATE BILL 931 19
Department of Agriculture as an agricultural activity UNDER COMAR 18.02.03 OR THE 1
MARYLAND ASSESSMENT PROCEDURES MANUAL. 2
(II) “AGRIVOLTAICS” DOES NOT INCLUDE THE SIMULTANEOUS 3
USE OF AREAS OF LAND FOR BOTH SOLAR POWER GENERATION AND : 4
1. APIARIES; OR 5
2. POLLINATOR HABITAT . 6
(3) “AUTOMATIC ENROLLMENT PROJECT” MEANS A COMMUNITY 7
SOLAR ENERGY GENERAT ING SYSTEM: 8
(I) IN WHICH ALL OR A PO RTION OF THE SUBSCRI BERS ARE 9
AUTOMATICALLY ENROLL ED; AND 10
(II) 1. THAT IS OWNED AND OP ERATED BY A LOCAL 11
GOVERNMENT ; OR 12
2. FOR WHICH A LOCAL GO VERNMENT OR ITS DESI GNEE 13
SERVES AS THE SUBSCR IPTION COORDINATOR . 14
(4) “Baseline annual usage” means: 15
(i) a subscriber’s accumulated electricity use in kilowatt–hours for 16
the 12 months before the subscriber’s most recent subscription; or 17
(ii) for a subscriber that does not have a record of 12 months of 18
electricity use at the time of the subscriber’s most recent subscription, an estimate of the 19
subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 20
manner the Commission approves. 21
[(4)] (5) “Community solar energy generating system” means a solar 22
energy system that: 23
(i) is connected to the electric distribution [grid] SYSTEM serving 24
the State; 25
(ii) is located in the same electric service territory as its subscribers; 26
(iii) is attached to the electric meter of a subscriber or is a separate 27
facility with its own electric meter; 28
(iv) credits its generated electricity, or the value of its generated 29
electricity, to the bills of the subscribers to that system through virtual net energy 30
metering; 31 20 SENATE BILL 931
(v) has at least two subscribers but no limit to the maximum number 1
of subscribers; 2
(vi) does not have subscriptions larger than 200 kilowatts 3
constituting more than 60% of its kilowatt–hour output; 4
(vii) has a generating capacity that does not exceed 5 megawatts as 5
measured by the alternating current rating of the system’s inverter; 6
(viii) may be owned by any person; and 7
(ix) with respect to community solar energy generating systems 8
constructed under the Program, serves at least 40% of its kilowatt–hour output to LMI 9
subscribers unless the solar energy system is wholly owned by the subscribers to the solar 10
energy system. 11
[(5)] (6) “Consolidated billing” means a payment mechanism that 12
requires an electric company to, at the request of a subscriber organization or subscription 13
coordinator: 14
(i) include the monthly subscription charge of a subscriber 15
organization or subscription coordinator on the monthly bills rendered by the electric 16
company for electric service and supply to subscribers; and 17
(ii) remit payment for those charges to the subscriber organization 18
or subscription coordinator. 19
[(6)] (7) “Critical area” has the meaning stated in § 8–1802 of the Natural 20
Resources Article. 21
[(7)] (8) “LMI subscriber” means a subscriber that: 22
(i) is low–income; 23
(ii) is moderate–income; or 24
(iii) resides in a census tract that is [an]: 25
1. AN overburdened community; and 26
2. AN underserved community. 27
(9) “LOCAL GOVERNMENT ” MEANS: 28
(I) A COUNTY; OR 29 SENATE BILL 931 21
(II) A MUNICIPAL CORPORAT ION. 1
[(8)] (10) (9) “Low–income” means: 2
(i) having an annual household income that is at or below 200% of 3
the federal poverty level; or 4
(ii) being certified as eligible for any federal, State, or local 5
assistance program that limits participation to households whose income is at or below 6
200% of the federal poverty level. 7
[(9)] (11) (10) “Moderate–income” means having an annual household 8
income that is at or below 80% of the median income for Maryland. 9
[(10)] (12) (11) “Overburdened community” has the meaning stated in § 10
1–701 of the Environment Article. 11
[(11)] (13) (12) “Pilot program” means the program established under this 12
section before July 1, 2023, and effective until the start of the Program established under 13
subsection (d)(20) of this section. 14
[(12)] (14) (13) “Program” means the Community Solar Energy 15
Generating Systems Program. 16
[(13)] (15) (14) “Queue” means: 17
(i) the pilot program queue an electric company is required to 18
maintain under COMAR 20.62.03.04; and 19
(ii) a queue an electric company may be required to maintain under 20
the Program. 21
[(14)] (16) (15) “Subscriber” means a retail customer of an electric 22
company that: 23
(i) holds a subscription to a community solar energy generating 24
system; and 25
(ii) has identified one or more individual meters or accounts to which 26
the subscription shall be attributed. 27
[(15)] (17) (16) (I) “Subscriber organization” means: 28
(i) 1. a person that owns or operates a community solar energy 29
generating system; or 30 22 SENATE BILL 931
(ii) 2. the collective group of subscribers of a community solar 1
energy generating system. 2
[(16)] (18) (II) “SUBSCRIBER ORGANIZATI ON” MAY INCLUDE A 3
COUNTY OR MUNICIPAL CORPORATION . 4
(17) “Subscription” means the portion of the electricity generated by a 5
community solar energy generating system that is credited to a subscriber. 6
[(17)] (19) (18) “Subscription coordinator” means a person that: 7
(i) markets community solar energy generating systems or 8
otherwise provides services related to community solar energy generating systems under 9
its own brand name; 10
(ii) performs any administrative action to allocate subscriptions, 11
connect subscribers with community solar energy generating systems, or enroll customers 12
in the Program; or 13
(iii) manages interactions between a subscriber organization and an 14
electric company or electricity supplier relating to subscribers. 15
[(18)] (20) (19) “Underserved community” has the meaning stated in § 16
1–701 of the Environment Article. 17
[(19)] (21) (20) “Unsubscribed energy” means any community solar 18
energy generating system output in kilowatt–hours that is not allocated to any subscriber. 19
[(20)] (22) (21) “Virtual net energy metering” means measurement of the 20
difference between the kilowatt–hours or value of electricity that is supplied by an electric 21
company and the kilowatt–hours or value of electricity attributable to a subscription to a 22
community solar energy generating system and fed back to the electric grid over the 23
subscriber’s billing period, as calculated under the tariffs established under subsections 24
(e)(2), (f)(2), and (g)(2) of this section. 25
(c) A community solar energy generating system, subscriber, subscriber 26
organization, or subscription coordinator is not: 27
(1) an electric company; 28
(2) an electricity supplier; or 29
(3) a generating station if: 30
SENATE BILL 931 23
(I) the generating capacity of the community solar energy 1
generating system does not exceed 2 megawatts; OR 2
(II) THE COMMUNITY SOLAR ENERGY GENERATING SY STEM IS 3
LOCATED ON THE ROOFT OP OF A BUILDING . 4
(d) (7) (I) Any unsubscribed energy generated by a community solar energy 5
generating system that is not owned by an electric company shall CREATE BANKED BILL 6
CREDITS TRACKED BY T HE ELECTRIC COMPANY THAT, WITHIN 1 YEAR AFTER THE 7
DATE THAT THE BANKED BILL CREDIT WAS CREA TED, MAY BE ALLOCATED TO ONE 8
OR MORE SUBSCRIBERS BY THE SUBSCRIBER OR GANIZATION OR SUBSCRIPT ION 9
COORDINATOR ASSOCIAT ED WITH THE COMMUNIT Y SOLAR ENERGY GENER ATING 10
SYSTEM. 11
(II) THE GENERATION ASSOCI ATED WITH A BANKED B ILL 12
CREDIT NOT ALLOCATED TO A SUBSCRIBER WITH IN 1 YEAR AFTER THE DATE THAT 13
THE BANKED BILL CRED IT WAS CREATE D SHALL be purchased under the electric 14
company’s process for purchasing the output from qualifying facilities at the amount it 15
would have cost the electric company to procure the energy. 16
(O) (1) A LOCAL GOVERNMENT MAY ESTABLISH A COMMUNIT Y SOLAR 17
AUTOMATIC ENROLLMENT PROGRAM BY SUBMITTIN G TO THE COMMISSION A LOCAL 18
LAW, A CONTRACT, OR AN ADMINISTRATIVE APPROVAL THAT : 19
(I) STATES WHETHER : 20
1. THE LOCAL GOVERNMENT WILL OWN AND OPERATE 21
ONE OR MORE AUTOMATI C ENROLLMENT PROJECT S; OR 22
2. THE LOCAL GOVERNMENT OR IT S DESIGNEE WILL 23
SERVE AS THE SUBSCRI PTION COORDINATOR FO R ONE OR MORE AUTOMA TIC 24
ENROLLMENT PROJECTS OWNED BY A THIRD PAR TY; AND 25
(II) DESCRIBES THE MECHAN ISM BY WHICH THE LOC AL 26
GOVERNMENT INTENDS T O ENROLL CUSTOMERS . 27
(2) AN AUTOMA TIC ENROLLMENT PROJE CT SHALL UTILIZE 28
CONSOLIDATED BILLING AND PROVIDE A GUARAN TEED BILL CREDIT DIS COUNT TO 29
AUTOMATIC ENROLLMENT SUBSCRIBERS . 30
(3) A LOCAL GOVERNMENT MAY CONTRACT WITH A DESI GNEE TO 31
IDENTIFY AND MANAGE THE SUBSCRIPTIONS TO AN AUTOMATIC ENR OLLMENT 32
PROJECT. 33
24 SENATE BILL 931
(4) A LOCAL GOVERNMENT OR ITS DESIGNEE SHALL B E RESPONSIBLE 1
FOR IDENTIFYING THE CUSTOMERS THAT WILL BE AUTOMATICALLY ENR OLLED FOR 2
A SUBSCRIPTION TO TH E AUTOMATIC ENROLLME NT PROJECT, SUBJECT TO THE 3
FOLLOWING CONDITIONS : 4
(I) AUTOMATIC ENROLLMENT SUBSCRIBE RS MUST BE 5
RESIDENTIAL CUSTOMER S, INCLUDING CUSTOMERS RESIDING IN MULTIFAM ILY 6
DWELLING UNITS ; 7
(II) AT LEAST 51% OF AUTOMATIC ENROLLM ENT SUBSCRIBERS 8
MUST BE LMI SUBSCRIBERS ; 9
(III) ALL CUSTOMERS SELECT ED TO BE AUTOMATICAL LY 10
ENROLLED AS SUBSCRIBERS TO THE AUTOMATIC ENR OLLMENT PROJECT MUST BE 11
WITHIN THE SERVICE T ERRITORY OF THE ELEC TRIC COMPANY WHERE T HE 12
AUTOMATIC ENROLLMENT PROJECT IS LOCATED ; 13
(IV) SUBSCRIBERS MAY DECL INE OR OPT OUT FROM A 14
SUBSCRIPTION TO THE AUTOMATIC ENROLL MENT PROJECT AT ANY TIME; 15
(V) AUTOMATIC ENROLLMENT SUBSCRIBERS MAY SUBM IT A 16
REQUEST TO OPT OUT O F A SUBSCRIPTION BY PHONE, IN WRITING, OR ONLINE 17
THROUGH A WEBSITE MA INTAINED BY THE LOCA L GOVERNMENT OR ITS DESIGNEE; 18
AND 19
(VI) A LOCAL GOVERNMENT M AY NOT CHARGE A FEE OR 20
PENALTY FOR ENROLLME NT IN OR EXITING FRO M AN AUTOMATIC ENROL LMENT 21
PROJECT. 22
(5) A LOCAL GOVERNMENT OR ITS DESIGNEE MAY VER IFY THE 23
INCOME OF A PROSPECT IVE SUBSCRIBER FOR E LIGIBILITY AS AN LMI SUBSCRIBER 24
USING ONE OF THE FOL LOWING METHODS: 25
(I) THE LOCATION OF THE PROSPECTIVE SUBSCRIB ER IN AN 26
OVERBURDENED COMMUNI TY OR UNDERSERVED CO MMUNITY; 27
(II) A FORM OF VERIFICATI ON AUTHORIZED UNDER 28
SUBSECTION (F)(1)(IV) OF THIS SECTION; OR 29
(III) ANY OTHER METHOD SEL ECTED BY THE LOCAL 30
GOVERNMENT . 31
(6) AT LEAST 90 DAYS BEFORE SUBSCRIB ERS BEGIN RECEIVING 32
THEIR FIRST BILL CRE DITS, A LOCAL GOVERNMENT O R ITS DESIGNEE SHALL 33 SENATE BILL 931 25
PROVIDE WRITTEN NOTI CE OF THE AUTOMATIC ENROLLMENT TO ALL SE LECTED 1
SUBSCRIBERS VIA DELI VERY BY THE U.S. POSTAL SERVICE. 2
(7) THE NOTICE REQUIRED I N PARAGRAPH (6) OF THIS SUBSECTION 3
SHALL INCLUDE : 4
(I) A STATEMENT THAT THE LOCAL GOVERNMENT HAS 5
ESTABLISHED AN AUTOM ATIC ENROLLMENT PROJ ECT; 6
(II) A STATEMENT THAT THE PROSPECTIVE SUBSCRIB ER HAS 7
THE RIGHT TO OPT OUT OF THE AUTOMATIC ENROLL MENT PROJECT AT ANY TIME, 8
BUT IF NO OPT–OUT REQUEST IS RECEI VED, THE PROSPECTIVE SUBS CRIBER WILL 9
BE AUTOMATICALLY ENR OLLED IN THE AUTOMAT IC ENROLLMENT PROJEC T; 10
(III) AN EXPLANATION OF TH E CONSOLIDATED BILLI NG 11
PROCEDURES OF THE AU TOMATIC ENROLLMENT PROJ ECT; 12
(IV) DETAILED INSTRUCTION S ON HOW TO SUBMIT A N OPT–OUT 13
REQUEST; AND 14
(V) A CONTACT NAME , PHONE NUMBER , AND E–MAIL ADDRESS 15
FOR SUBSCRIBER INQUI RIES AND COMPLAINTS . 16
(8) AN ELECTRIC COMPANY S HALL FACILITATE THE ESTABLISHMENT 17
OF AN AUTOMATIC ENRO LLMENT PROJECT FOR W HICH A LOCAL GOVERNM ENT HAS 18
SUBMITTED THE INFORM ATION REQUIRED UNDER PARAGRAPH (1) OF THIS 19
SUBSECTION BY : 20
(I) PROVIDING ACCESS TO : 21
1. THE HISTORIC BILLING USAGE OF CUSTOMERS T HAT 22
MAY BE AUTOMATICALLY ENROLLED IN THE AUTO MATIC ENROLLMENT PRO JECT; 23
2. POINT–OF–SERVICE DELIVERY FOR CUSTOMERS 24
THAT MAY BE AUTOMATI CALLY ENROLLED IN TH E AUTOMATIC ENROLLME NT 25
PROJECT; 26
3. PARTICIPATION IN ENE RGY ASSISTANCE PROGR AMS; 27
4. SUBSCRIPTIONS TO COM MUNITY SO LAR ENERGY 28
GENERATING SYSTEMS ; 29
26 SENATE BILL 931
5. ACCOUNT NUMBERS FOR CUSTOMERS THAT MAY B E 1
AUTOMATICALLY ENROLL ED IN THE AUTOMATIC ENROLLMENT PROJECT , IF 2
APPLICABLE; AND 3
6. ANY OTHER REASONABLE INFORMATION REQUIRED 4
BY THE LOCAL GOVERNM ENT OF ITS DESIGNEE TO ENROLL CUSTOMERS IN AN 5
AUTOMATIC ENROLLMENT PROJECT; AND 6
(II) ENROLLING THE CUSTOM ERS IDENTIFIED BY TH E LOCAL 7
GOVERNMENT OR ITS DE SIGNEE AS SUBSCRIBER S TO AN AUTOMATIC EN ROLLMENT 8
PROJECT AT THE SUBSC RIPTION SIZE IDENTIF IED BY THE LOCAL GOV ERNMENT OR 9
ITS DESIGNEE. 10
(9) THE ENROLLMENT AND MA NAGEMENT OF AUTOMATI C 11
ENROLLMENT SUBSCRIBE RS TO AN AUTOMATIC E NROLLMENT PROJECT IS NOT 12
SUBJECT TO COMAR 20.62.05. 13
7–320. 14
(A) THIS SECTION APPLIES ONLY TO RESIDENTIAL ROOFTOP SOLAR 15
ENERGY GENERATING SY STEMS. 16
(B) A SELLER OR LESSOR OF RESIDENTIAL ROOFTOP SOLAR ENERGY 17
GENERATING SYSTEMS S HALL: 18
(1) PROVIDE TO THE BUYER OR LESSEE A 5–YEAR FULL WARRANTY 19
ON THE INSTALLATION AND COMPONENT PARTS OF THE SYSTEM; 20
(2) INCLUDE ANY MANUFACT URER’S WARRANTIES FOR ANY OF THE 21
PRODUCTS OR COMPONENT S OF THE SYSTEM; 22
(3) INFORM THE BUYER OR LESSEE OF THE MINIMU M LEVEL OF 23
WEATHER–ADJUSTED ENERGY PROD UCTION THE BUYER OR LESSEE MAY EXPECT 24
FROM THE SYSTEM ; AND 25
(4) CERTIFY, IN WRITING, THAT INSTALLATION OF THE SYSTEM IS 26
COMPLIANT WITH ALL FEDERAL , STATE, AND LOCAL LAWS REGAR DING 27
WORKMANSHIP AND THAT THE SOLAR PANELS , INVERTERS, RACKING SYSTEMS , AND 28
ALL OTHER COMPONENTS MEET THE MINIMUM STA NDARDS FOR PRODUCT D ESIGN. 29
(C) THE COMMISSION AND THE MARYLAND ENERGY ADMINISTRATION 30
MARYLAND DEPARTMENT OF LABOR SHALL: 31
SENATE BILL 931 27
(1) DEVELOP TECHNICAL SAFETY STA NDARDS A SPECIAL SOLAR 1
CONTRACTOR LICENSE FOR THE INSTALLATION AND MAINTENANCE OF 2
RESIDENTIAL ROOFTOP SOLAR ENERGY GENERAT ING SYSTEMS; AND 3
(2) ESTABLISH MINIMUM QU ALIFICATIONS FOR IN DIVIDUALS 4
INSTALLING AND MAINT AINING RESIDENTIAL R OOFTOP SOLAR ENERGY 5
GENERATING SYSTEMS . 6
(D) A SELLER OR LESSOR WHO VIOLATES THE REQUIRE MENTS OF THIS 7
SECTION SHALL PAY A FINE NOT EXCEEDING $1,000 FOR EACH VIOLATION . 8
Article – State Government 9
9–2017. 10
(A) ON OR BEFORE DECEMBER 1, 2026 2025, TO ASSIST THE STATE IN 11
MEETING ITS SOLAR EN ERGY COMMITMENTS UND ER TITLE 7, SUBTITLE 7 OF THE 12
PUBLIC UTILITIES ARTICLE, THE DEPARTMENT OF NATURAL RESOURCES, IN 13
CONSULTATION WITH TH E MARYLAND ENERGY ADMINISTRATION , THE 14
DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, SHALL 15
UPDATE THE PUBLICLY AVAILABLE SMARTDG+ TOOL TO INCLUDE STATE–OWNED 16
LAND SUITABLE FOR SO LAR ENERGY DEVELOPME NT. 17
(B) ON OR BEFORE DECEMBER 1, 2026, THE DEPARTMENT OF NATURAL 18
RESOURCES, IN CONSULTATION WITH THE MARYLAND ENERGY ADMINISTRATION , 19
THE DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, 20
SHALL ANALYZE LAND O WNED BY THE STATE TO IDENTIFY LAN D SUITABLE FOR 21
SOLAR ENERGY DEVELOP MENT TO ASSIST THE STATE IN MEETING ITS SOLAR 22
ENERGY COMMITMENTS U NDER TITLE 7, SUBTITLE 7 OF THE PUBLIC UTILITIES 23
ARTICLE. 24
SECTION 2. AND BE IT FURTHER ENACTED, That: 25
(a) The Public Service Commission shall conduct a study to establish a process by 26
which the Commission may establish power purchase agreements, partnerships between 27
electric companies and electricity suppliers, or other procurement models for electricity 28
generation projects. 29
(b) The process established under subsection (a) of this section shall: 30
(1) include a method for determining whether a partnership for a 31
generating station any of the procurement models specified in subsection (a) of this section 32
will contribute to resource adequacy by increasing by 100 megawatts or more the electricity 33
supply in the State that is accredited by PJM Interconnection, LLC; 34
28 SENATE BILL 931
(2) require that a generating station constructed by a partnership under 1
any of the procurement models specified in subsection (a) of this section be connected to the 2
electric distribution system in the State; 3
(3) require that the an electricity supplier in a partnership with an electric 4
company construct the generating station; 5
(4) require that the an electricity supplier and electric company in a 6
partnership using a procurement model specified in subsection (a) of this section jointly 7
seek and receive a positive credit rating assessment from a credit rating agency; 8
(5) require that the Public Service Commission expedite all proceedings for 9
the review and approval of a certificate of public convenience and necessity for a generating 10
station proposed by a partnership under any of the procurement models specified in 11
subsection (a) of this section and prioritize these proceedings, if necessary, over other 12
matters; 13
(6) require that the Public Service Commission take final action on a 14
certificate of public convenience and necessity for a generating station proposed by a 15
partnership under any of the procurement models specified in subsection (a) of this section 16
not later than 180 days after the Public Service Commission determines that the generating 17
station qualifies as a partnership to procurement model will provide resource adequacy; 18
(7) require a State agency or other person to submit any filing to intervene 19
in an application for a certificate of public convenience and necessity for a generating 20
station proposed by a partnership under any of the procurement models specified in 21
subsection (a) of this section no later than 90 days after the Public Service Commission 22
determines that the proposed generating station qualifies as a partnership to procurement 23
model will provide resource adequacy; 24
(8) require the Public Service Commission, the Department of the 25
Environment, the Department of Natural Resources, and any other impacted State agency 26
to expedite any regulatory requirements or decisions; 27
(9) require an electric company to expedite any processes needed to connect 28
a generating station proposed by a partnership under any of the procurement models 29
specified in subsection (a) of this section to the electric transmission system; and 30
(10) identify the potential rate impact and prioritize potential partnerships 31
procurement models specified in subsection (a) of this section that have little or no impact 32
on customer rates. 33
(c) On or before December 1, 2026, the Public Service Commission shall report to 34
the Governor and, in accordance with § 2–1257 of the State Government Article, the 35
General Assembly on the results of the study. 36
SENATE BILL 931 29
SECTION 3. AND BE IT FURTHER ENACTED, That a presently existing obligation 1
or contract right may not be impaired in any way by this Act. 2
SECTION 4. AND BE IT FURTHER ENACTED, That this Act sh all take effect 3
October 1, 2025. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.