EXPLANATION: CAPITALS INDICATE MAT TER ADDED 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.
Italics indicate opposite chamber/conference committee amendments.
*sb0931*
SENATE BILL 931
C5, M5 (5lr1535)
ENROLLED BILL
— Education, Energy, and the Environment/Economic Matters —
Introduced by Senator Feldman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
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
a distributed generation certificate of public convenience and necessity to authorize 6
the construction and operation of a certain distributed solar energy generating system; 7
requiring the Power Plant Research Program, by a certain date, to develop and submit 8
to the Commission proposed siting and design requirements and licensing conditions; 9
establishing certain requirements for the construction of a certain solar energy 10
generating station or front–of–the–meter energy storage device; prohibiting a local 11
jurisdiction from adopting certain laws or regulations or denying certain site 12
development plans under certain circumstances; requiring a local government to 13
expedite the review and approval of certain site development plans under certain 14
circumstances; authorizing a local government to establish a certain community 15 2 SENATE BILL 931
solar energy generating system automatic enrollment program under certain 1
circumstances; establishing certain requirements for the sale, lease, and installation 2
of certain residential rooftop solar energy generating systems; requiring the 3
Department of Natural Resources to update a certain tool and analyze State–owned 4
land suitable for solar energy development; requiring the Maryland Department of 5
Labor to develop a special solar contractor license; requiring the Commission to 6
conduct a certain study to establish a process by which the Commission may 7
establish certain partnerships procurement models; and generally relating to 8
generating stations. 9
BY repealing and reenacting, without amendments, 10
Article – Public Utilities 11
Section 7–207(d) 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Natural Resources 16
Section 3–306(a)(1) 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Public Utilities 21
Section 7–207(e) and 7–306.2(a), (c), and (d)(7) Section 7–207(b)(1)(i) and (ii), (e), and 22
(h), 7–207.1(c)(1), and 7–306.2(a), (c), and (d)(7) 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2024 Supplement) 25
BY repealing and reenacting, without amendments, 26
Article – Public Utilities 27
Section 7–207(d) 28
Annotated Code of Maryland 29
(2020 Replacement Volume and 2024 Supplement) 30
BY adding to 31
Article – Public Utilities 32
Section 7–207.4, 7–218, 7–219, 7–306.2(o), and 7–320 33
Annotated Code of Maryland 34
(2020 Replacement Volume and 2024 Supplement) 35
BY adding to 36
Article – State Government 37
Section 9–2017 38
Annotated Code of Maryland 39
(2021 Replacement Volume and 2024 Supplement) 40
SENATE BILL 931 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Natural Resources 3
3–306. 4
(a) (1) Notwithstanding anything to the contrary in this article or the Public 5
Utilities Article, on application to the Public Service Commission for a certificate of public 6
convenience and necessity associated with power plant construction IN ACCORDANCE WITH 7
§ 7–207 OF THE PUBLIC UTILITIES ARTICLE, the Commission shall notify immediately 8
the Department [of Natural Resources] and the Department of the Environment of the 9
application. 10
Article – Public Utilities 11
7–207. 12
(b) (1) (i) [Unless] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 13
THIS PARAGRAPH , UNLESS a certificate of public convenience and necessity for the 14
construction is first obtained from the Commission, a person may not begin construction in 15
the State of: 16
1. a generating station; or 17
2. a qualified generator lead line. 18
(ii) [If a person obtains Commission approval for construction under 19
§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 20
obtain a certificate of public convenience and necessity under this section] A PERSON IS 21
NOT REQUIRED TO OBTA IN A CERTIFICATE OF PUBLIC CONVENIENCE A ND NECESSITY 22
UNDER THIS SECTION I F THE PERSON OBTAINS : 23
1. COMMISSION APPROVAL F OR CONSTRUCTION UNDE R 24
§ 7–207.1 OF THIS SUBTITLE; OR 25
2. A DISTRIBUTED GENERA TION CERTIFICATE OF 26
PUBLIC CONVENIENCE A ND NECESSITY UNDER § 7–207.4 OF THIS SUBTITLE . 27
(d) (1) (i) The Commission shall provide an opportunity for public 28
comment and hold a public hearing on the application for a certificate of public convenience 29
and necessity in each county and municipal corporation in which any portion of the 30
construction of a generating station, an overhead transmission line designed to carry a 31
voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. 32
4 SENATE BILL 931
(ii) The Commission may hold the public hearing virtually rather 1
than in person if the Commission provides a comparable opportunity for public comment 2
and participation in the hearing. 3
(2) The Commission shall hold the public hearing jointly with the 4
governing body of the county or municipal corporation in which any portion of the 5
construction of the generating station, overhead transmission line, or qualified generator 6
lead line is proposed to be located, unless the governing body declines to participate in the 7
hearing. 8
(3) (i) Once in each of the 4 successive weeks immediately before the 9
hearing date, the Commission shall provide weekly notice of the public hearing and an 10
opportunity for public comment: 11
1. by advertisement in a newspaper of general circulation in 12
the county or municipal corporation affected by the application; 13
2. on two types of social media; and 14
3. on the Commission’s website. 15
(ii) Before a public hearing, the Commission shall coordinate with 16
the governing body of the county or municipal corporation in which any portion of the 17
construction of the generating station, overhead transmission line, or qualified generator 18
lead line is proposed to be located to identify additional options for providing, in an efficient 19
and cost–effective manner, notice of the public hearing through other types of media that 20
are familiar to the residents of the county or municipal corporation. 21
(4) (i) On the day of a public hearing, an informational sign shall be 22
posted prominently at or near each public entrance of the building in which the public 23
hearing will be held. 24
(ii) The informational sign required under subparagraph (i) of this 25
paragraph shall: 26
1. state the time, room number, and subject of the public 27
hearing; and 28
2. be at least 17 by 22 inches in size. 29
(iii) If the public hearing is conducted virtually rather than in person, 30
the Commission shall provide information on the hearing prominently on the Commission’s 31
website. 32
(5) (i) The Commission shall ensure presentation and 33
recommendations from each interested State unit, and shall allow representatives of each 34
State unit to sit during hearing of all parties. 35 SENATE BILL 931 5
(ii) The Commission shall allow each State unit 15 days after the 1
conclusion of the hearing to modify the State unit’s initial recommendations. 2
(e) The Commission shall take final action on an application for a certificate of 3
public convenience and necessity only after due consideration of: 4
(1) the recommendation of the governing body of each county or municipal 5
corporation in which any portion of the construction of the generating station, overhead 6
transmission line, or qualified generator lead line is proposed to be located; 7
(2) the effect of the generating station, overhead transmission line, or 8
qualified generator lead line on: 9
(i) the stability and reliability of the electric system; 10
(ii) economics; 11
(iii) esthetics; 12
(iv) historic sites; 13
(v) aviation safety as determined by the Maryland Aviation 14
Administration and the administrator of the Federal Aviation Administration; 15
(vi) when applicable, air quality and water pollution; and 16
(vii) the availability of means for the required timely disposal of 17
wastes produced by any generating station; 18
(3) the effect of climate change on the generating station, overhead 19
transmission line, or qualified generator lead line based on the best available scientific 20
information recognized by the Intergovernmental Panel on Climate Change; [and] 21
(4) for a generating station: 22
(i) the consistency of the application with the comprehensive plan 23
and zoning of each county or municipal corporation where any portion of the generating 24
station is proposed to be located; 25
(ii) the efforts to resolve any issues presented by a county or 26
municipal corporation where any portion of the generating station is proposed to be located; 27
(iii) the impact of the generating station on the quantity of annual 28
and long–term statewide greenhouse gas emissions, measured in the manner specified in § 29
2–1202 of the Environment Article and based on the best available scientific information 30
recognized by the Intergovernmental Panel on Climate Change; and 31 6 SENATE BILL 931
(iv) the consistency of the application with the State’s climate 1
commitments for reducing statewide greenhouse gas emissions, including those specified 2
in Title 2, Subtitle 12 of the Environment Article; AND 3
(5) FOR A SOLAR ENERGY G ENERATING STATION SP ECIFIED UNDER § 4
7–218 OF THIS SUBTITLE , WHETHER THE OWNER OF A PROPOSED SOLAR ENE RGY 5
GENERATING STATION C OMPLIES WITH THE SITE REQUIREMENTS OF UNDER § 6
7–218(F) OF THIS SUBTITLE . 7
(h) (1) A county or municipal corporation has the authority to approve or deny 8
any local permit required under a certificate of public convenience and necessity issued 9
under this section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC 10
CONVENIENCE AND NECE SSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE . 11
(2) A county or municipal corporation shall approve or deny any local 12
permits required under a certificate of public convenience and necessity issued under this 13
section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC CONVENIENCE AN D 14
NECESSITY ISSUED UND ER § 7–207.4 OF THIS SUBTITLE : 15
(i) within a reasonable time; and 16
(ii) to the extent local laws are not preempted by State law, in 17
accordance with local laws. 18
(3) A county or municipal corporation may not condition the approval of a 19
local permit required under a certificate of public convenience and necessity issued under 20
this section OR A DISTRIBUTED GEN ERATION CERTIFICATE OF PUBLIC CONVENIENC E 21
AND NECESSITY ISSUED UNDER § 7–207.4 OF THIS SUBTITLE on receipt of any of the 22
following approvals for any aspect of a generating station, an overhead transmission line, 23
or a qualified lead line proposed to be constructed under the certificate: 24
(i) a conditional use approval; 25
(ii) a special exception approval; or 26
(iii) a floating zone approval. 27
7–207.1. 28
(c) (1) The Commission shall require a person that is exempted from the 29
requirement to obtain a certificate of public convenience and necessity UNDER § 30
7–207(B)(1)(II)1 OF THIS SUBTITLE to obtain approval from the Commission under this 31
section before the person may construct a generating station described in subsection (b) of 32
this section. 33
SENATE BILL 931 7
7–207.4. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “DISTRIBUTED GENERATIO N CERTIFICATE OF PUB LIC 4
CONVENIENCE AND NECE SSITY” OR “DGCPCN” MEANS A CERTIFICATE ISSUED BY 5
THE COMMISSION UNDER THIS SECTION THAT AUTHORI ZES THE CONSTRUCTION 6
AND OPERATION OF A D ISTRIBUTED SOLAR ENE RGY GENERATING SYSTEM . 7
(3) “DISTRIBUTED SOLAR ENE RGY GENERATING SYSTE M” MEANS A 8
COMMUNITY SOLAR ENER GY GENERATING SYSTEM , AS DEFINED IN § 7–306.2 OF THIS 9
TITLE, THAT: 10
(I) WOULD BE REQUIRED TO OBTAIN A CERTIFICATE OF PUBLIC 11
CONVENIENCE AND NECE SSITY UNDER § 7–207 OF THIS SUBTITLE IF THE SYSTEM 12
DOES NOT OBTAIN A DGCPCN UNDER THIS SECTION ; 13
(II) HAS A CAPACITY TO PR ODUCE MORE THAN 2 MEGAWATTS 14
BUT NOT MORE THAN 5 MEGAWATTS OF ALTERNA TING CURRENT AS MEAS URED BY 15
THE ALTERNATING CURR ENT RATING OF THE SY STEM’S INVERTER; AND 16
(III) IS NOT LOCATED WITHI N A MUNICIPAL CORPOR ATION. 17
(4) “FOREST” HAS THE MEANING STAT ED IN § 5–1601 OF THE 18
NATURAL RESOURCES ARTICLE. 19
(5) “POWER PLANT RESEARCH PROGRAM” MEANS THE PROGRAM 20
WITHIN THE DEPARTMENT OF NATURAL RESOURCES UN DER TITLE 3, SUBTITLE 3 21
OF THE NATURAL RESOURCES ARTICLE. 22
(6) “STANDARD LICENSING CO NDITIONS” MEANS THE 23
PREDETERMINED LICENS ING CONDITIONS ADOPT ED BY THE COMMISSION UNDER 24
THIS SECTION FOR THE CONSTRUCTION AND OPE RATION OF A DISTRIBU TED SOLAR 25
ENERGY GENERATING SY STEM THAT HAS BEEN I SSUED A DGCPCN UNDER THIS 26
SECTION. 27
(7) “STANDARD SITING AND D ESIGN REQUIREMENTS ” MEANS THE 28
PREDETERMINED OBJECT IVE REQUIREMENTS ADO PTED BY THE COMMISSION 29
UNDER THIS SECTION F OR THE SITING AND DE SIGN OF A DISTRIBUTE D SOLAR 30
ENERGY GENERATING SY STEM THAT HAS BEEN I SSUED A DGCPCN UNDER THIS 31
SECTION. 32
8 SENATE BILL 931
(B) (1) ON OR BEFORE JULY 1, 2026, THE POWER PLANT RESEARCH 1
PROGRAM, AFTER GIVING NOTICE AND OPPORTUNITY FOR PUBLIC COMMENT , SHALL 2
DEVELOP AND SUBMIT T O THE COMMISSION PROPOSED S TANDARD SITING AND 3
DESIGN REQUIREMENTS AND PROPOSED STANDAR D LICENSING CONDITIO NS FOR 4
THE ISSUANCE OF A DGCPCN. 5
(2) IN DEVELOPING THE PRO POSED STANDARD SITIN G AND DESIGN 6
REQUIREMENTS AND THE PROPOSED STANDARD LI CENSING CONDITIONS , THE 7
POWER PLANT RESEARCH PROGRAM SHALL : 8
(I) CONSIDER ACHIEVEMENT OF THE STATE’S CLIMATE AND 9
RENEWABLE ENERGY COMMITMENTS ; 10
(II) CONSIDER REASONABLE SETBACKS AND LANDSCA PE 11
SCREENING REQUIREMEN TS; 12
(III) CONSIDER ENVIRONMENT AL PRESERVATION , INCLUDING 13
PROHIBITIONS ON FORE ST CLEARANCE EXCEPT WHERE NECESSARY TO : 14
1. REDUCE SOLAR PANEL S HADING NEAR THE 15
PERIMETER OF THE PROJECT S ITE; 16
2. FACILITATE INTERCONN ECTION INFRASTRUCTUR E; 17
AND 18
3. ENSURE ADEQUATE SITE ACCESS; 19
(IV) CONSIDER STORMWATER MANAGEMENT , EROSION AND 20
SEDIMENT CONTROL , AND SITE STABILIZATI ON, ACCOUNTING FOR : 21
1. THE EFFECTS ON RUNOFF FROM SOLAR PA NELS AND 22
ASSOCIATED EQUIPMENT ; 23
2. THE EFFECTS OF SOIL CHARACTERISTICS AND 24
COMPACTION ON RUNOFF ; AND 25
3. THE EFFECTS OF THE G ROUND COVER UNDER AN D 26
BETWEEN THE SOLAR PA NELS ON RUNOFF ; 27
(V) CONSIDER MINIMIZATIO N AND MITIGATION OF THE EFFECTS 28
OF A DISTRIBUTED SOL AR ENERGY GENERATING SYSTEM ON HISTORIC S ITES; 29
(VI) CONSIDER PUBLIC SAFE TY; 30
SENATE BILL 931 9
(VII) CONSIDER INDUSTRY BE ST PRACTICES; 1
(VIII) CONSIDER ENSURING TH E STABILITY AND RELI ABILITY OF 2
THE ELECTRIC SYSTEM BY REQUIRING THE APPLICANT TO SUB MIT A SIGNED 3
INTERCONNECTION AGRE EMENT WITH THE ELECT RIC COMPANY BEFORE T HE START 4
OF CONSTRUCTION ; 5
(IX) CONSIDER LICENSING C ONDITIONS PREVIOUSLY ADOPTED 6
BY THE COMMISSION FOR SOLAR ENERGY GENERATING SY STEMS, INCLUDING 7
REQUIREMENTS R ELATED TO DECOMMISSI ONING; 8
(X) ENSURE THE STANDARD SITING AND DESIGN 9
REQUIREMENTS ARE CON SISTENT WITH § 7–218 OF THIS SUBTITLE; AND 10
(XI) CONSIDER ANY OTHER R EQUIREMENTS DETERMIN ED 11
NECESSARY BY THE POWER PLANT RESEARCH PROGRAM. 12
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR BEFORE 13
JULY 1, 2027, THE COMMISSION SHALL ADOP T REGULATIONS TO : 14
(I) IMPLEMENT STANDARD S ITING AND DESIGN 15
REQUIREMENTS AND STA NDARD LICENSING COND ITIONS FOR A DGCPCN; 16
(II) SPECIFY THE FORM OF THE APPLICATION FOR A 17
DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM TO RECEIVE A DGCPCN AND 18
ANY APPLICATION FEE ; 19
(III) SPECIFY THE COMMISSION’S PROCEDURE FOR PROC ESSING 20
AN APPLICATION FOR A DGCPCN; AND 21
(IV) ESTABLISH THE TIME P ERIOD WITHIN WHICH T HE POWER 22
PLANT RESEARCH PROGRAM MUST MAKE THE DETERMINATION UNDER SUBSECTION 23
(F) OF THIS SECTION. 24
(2) THE COMMISSION SHALL : 25
(I) CONSIDER THE PROPOSE D STANDARD SITING AN D DESIGN 26
REQUIREMENTS AND THE PROPOSED STANDARD LI CENSING CONDITIONS 27
DEVELOPED BY THE POWER PLANT RESEARCH PROGRAM IN ADOPTING T HE 28
REGULATIONS UNDER TH IS SUBSECTION; AND 29
(II) ENSURE REGULATIONS A DOPTED TO IMPLEMENT STANDARD 30
SITING AND DESIGN RE QUIREMENTS ARE CONSI STENT WITH § 7–218 OF THIS 31
SUBTITLE. 32 10 SENATE BILL 931
(3) (I) THE COMMISSION, IN CONSULTATION WIT H THE POWER 1
PLANT RESEARCH PROGRAM, MAY PERIODICALLY SOL ICIT PUBLIC COMMENTS 2
REGARDING IMPROVEMEN TS TO THE STANDARD S ITING AND DESIGN 3
REQUIREMENTS AND STA NDARD LICENSING COND ITIONS FOR A DGCPCN. 4
(II) THE PROCESS FOR SOLIC ITING PUBLIC COMMENT S UNDER 5
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE THE SAME AS T HE PROCESS FOR 6
SOLICITING PUBLIC CO MMENT REGARDING THE ADOPTION OF A REGULA TION. 7
(4) (I) THE COMMISSION AND THE DEPARTMENT OF NATURAL 8
RESOURCES MAY JOINTLY SET AN APPLICATION F EE FOR A DGCPCN APPLICATION 9
AT AN AMOUNT THAT TH E COMMISSION AND THE DEPARTMENT OF NATURAL 10
RESOURCES DETERMINE M AY OFFSET THE ADMINI STRATIVE COSTS OF TH E 11
DGCPCN APPROVAL PROCESS THAT ARE INC URRED BY THE COMMISSION AND THE 12
DEPARTMENT OF NATURAL RESOURCES. 13
(II) THE ADMINISTRATIVE CO STS UNDER SUBPARAGRA PH (I) OF 14
THIS PARAGRAPH SHALL BE BASED ON AN ESTIM ATE OF THE NUMBER OF DGCPCN 15
APPLICATIONS THAT WI LL BE FILED WITH THE COMMISSION EACH YEAR . 16
(D) (1) A PERSON MAY NOT BEGIN CONSTRUCTION OF A DI STRIBUTED 17
SOLAR ENERGY GENERAT ING SYSTEM UNLESS : 18
(I) A DGCPCN IS FIRST OBTAINED FR OM THE COMMISSION IN 19
ACCORDANCE WITH THIS SECTION; OR 20
(II) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY I S 21
FIRST OBTAINED FROM THE COMMISSION IN ACCORDA NCE WITH § 7–207 OF THIS 22
SUBTITLE. 23
(2) AT LEAST 30 DAYS BEFORE SUBMITTI NG AN APPLICATION FO R A 24
DGCPCN TO THE COMMISSION, THE APPLICANT SHALL SUBMIT A COPY OF THE 25
APPLICATION TO THE GOVERNING BODY OF TH E COUNTY IN WHICH TH E 26
DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM IS PROPOSED TO BE LOCATED. 27
(3) WHEN A PERSON SUBMITS AN APPLICATION FOR A DGCPCN TO 28
THE COMMISSION, THE PERSON SHALL SUB MIT A COPY OF THE AP PLICATION TO THE 29
POWER PLANT RESEARCH PROGRAM. 30
(E) (1) AFTER RECEIVING AN AP PLICATION FOR A DGCPCN BUT BEFORE 31
A DETERMINATION IS M ADE UNDER SUBSECTION (F) OF THIS SECTION , THE 32
COMMISSION SHALL PROV IDE AN OPPORTUNITY F OR PUBLIC COMMENT AN D HOLD A 33
PUBLIC HEARING ON AN APPLICATION FOR A DGCPCN IN EACH COUNTY IN WH ICH 34 SENATE BILL 931 11
ANY PORTION OF THE C ONSTRUCTION OF THE D ISTRIBUTED SOLAR ENE RGY 1
GENERATING SYSTEM IS PROPOSED TO BE LOCAT ED. 2
(2) THE COMMISSION MAY HOLD T HE PUBLIC HEARING VI RTUALLY 3
RATHER THAN IN PERSO N IF THE COMMISSION PROVIDES A COMPARABLE 4
OPPORTUNITY FOR PUBL IC COMMENT AND PARTI CIPATION IN THE HEAR ING. 5
(F) (1) AFTER AN APPLICATION FOR A DGCPCN IS FILED WITH THE 6
COMMISSION AND WITHIN THE TIME PERIOD SET BY THE COMMISSION UNDER 7
SUBSECTION (C)(1)(IV) OF THIS SECTION, THE POWER PLANT RESEARCH PROGRAM 8
SHALL: 9
(I) DETERMINE WHETHER TH E DISTRIBUTED SOLAR ENERGY 10
GENERATING SYSTEM SA TISFIES THE STANDARD SITING AND DESIGN 11
REQUIREMENTS FOR THE DGCPCN; AND 12
(II) NOTIFY THE COMMISSION IN WRITING AS TO THE 13
DETERMINATION MADE U NDER ITEM (I) OF THIS PARAGRAPH , INCLUDING HOW AN 14
APPLICATION THAT IS DETERMINED NOT TO SA TISFY THE STANDARD S ITING AND 15
DESIGN REQUIREMENTS CAN CURE THE DEFICIE NCY. 16
(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 17
SUBSECTION, THE POWER PLANT RESEARCH PROGRAM SHALL CONSIDER PU BLIC 18
COMMENTS RECEIVED BY THE COMMISSION. 19
(G) (1) WITHIN 60 DAYS AFTER THE POWER PLANT RESEARCH PROGRAM 20
MAKES ITS DETERMINAT ION UNDER SUBSECTION (F)(1) OF THIS SECTION , THE 21
COMMISSION SHALL SCHE DULE A HEARING TO CO NSIDER THE APPLICATION FOR A 22
DGCPCN. 23
(2) (I) AT THE HEARING UNDER PARAGRAPH (1) OF THIS 24
SUBSECTION, THE COMMISSION SHALL DETE RMINE WHETHER THE PR OPOSED 25
DISTRIBUTED SOLAR EN ERGY GENERATING SYST EM SATISFIES THE STA NDARD 26
SITING AND DESIGN RE QUIREMENTS . 27
(II) THE COMMISSION SHALL ISSU E A DGCPCN TO AN 28
APPLICANT TO CONSTRU CT A PROPOSED DISTRI BUTED SOLAR ENERGY G ENERATING 29
SYSTEM SUBJECT TO TH E STANDARD LICENSING CONDITIONS IF THE COMMISSION 30
DETERMINES THAT THE PROPOSED DISTRIBUTED SOLAR ENERGY GENERAT ING 31
SYSTEM SATISFI ES THE STANDARD SITI NG AND DESIGN REQUIR EMENTS. 32
(III) THE COMMISSION MAY NOT IS SUE A DGCPCN TO AN 33
APPLICANT IF THE PRO POSED DISTRIBUTED SO LAR ENERGY GENERATIN G SYSTEM 34
DOES NOT SATISFY EAC H OF THE STANDARD SI TING AND DESIGN REQU IREMENTS. 35 12 SENATE BILL 931
(3) IN MAKING A DETERMINATI ON UNDER THIS SUBSEC TION, THE 1
COMMISSION SHALL CONS IDER PUBLIC COMMENTS RECEIVED BY THE COMMISSION 2
UNDER SUBSECTION (E) OF THIS SECTION. 3
(H) (1) A DGCPCN ISSUED BY THE COMMISSION UNDER THIS SECTION 4
SHALL REQUIRE THE PE RSON CONSTRUCTIN G THE DISTRIBUTED SO LAR ENERGY 5
GENERATING SYSTEM TO OBTAIN THE FOLLOWING PERMITS AND APPROVAL S FROM 6
THE COUNTY , MUNICIPAL CORPORATIO N, OR SOIL CONSERVATION DISTRICT IN 7
WHICH THE SYSTEM IS TO BE CONSTRUCTED : 8
(I) SITE PLAN APPROVAL ; 9
(II) STORMWATER MANAGEMENT PLAN APPR OVAL; 10
(III) EROSION AND SEDIMENT CONTROL PLAN APPROVA L; 11
(IV) ALL APPLICABLE BUILD ING AND ELECTRICAL P ERMITS; AND 12
(V) ANY ADDITIONAL LOCAL PERMIT REQUIRED BY T HE 13
STANDARD LICENSING C ONDITIONS. 14
(2) THE PROVISIONS OF § 7–207(H) OF THIS SUBTITLE SHA LL APPLY 15
TO ANY PERMITS AND A PPROVALS REQUIRED UN DER PARAGRAPH (1) OF THIS 16
SUBSECTION. 17
(I) A DGCPCN ISSUED BY THE COMMISSION UNDER THIS SECTION HAS 18
THE SAME FORCE AND E FFECT AS A CERTIFICA TE OF PUBLIC CONVENI ENCE AND 19
NECESSITY ISSUED UNDER § 7–207 OF THIS SUBTITLE. 20
7–218. 21
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(2) “AGRIVOLTAICS” HAS THE MEANING STAT ED IN § 7–306.2 OF THIS 24
TITLE. 25
(2) (3) “BROWNFIELDS SITE ” HAS THE MEANING STAT ED IN § 26
7–207 OF THIS SUBTITLE . 27
(3) (4) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 28
CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 29
SENATE BILL 931 13
(4) (5) “PRIORITY PRESERVATION AREA” MEANS AN AREA 1
CERTIFIED AS A PRIOR ITY PRESERVATION ARE A UNDER § 2–518 OF THE 2
AGRICULTURE ARTICLE. 3
(5) (6) (I) “PROJECT AREA ” MEANS AN AREA WITHIN WHICH 4
CONSTRUCTION , MATERIALS AND EQUIPM ENT STORAGE , GRADING, LANDSCAPING , 5
AND RELATED ACTIVITI ES FOR A PROJECT MAY OCCUR. 6
(II) “PROJECT AREA ” INCLUDES ONE OR MORE CONTIGUOUS 7
PARCELS OR PROPERTIES UNDER THE SAME OWNERSHIP O R LEASE AGREEMENT . 8
(B) THIS SECTION APPLIES ONLY TO A SOLAR ENER GY GENERATING 9
STATION THAT: 10
(1) HAS THE CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS 1 11
MEGAWATT OF ELECTRICITY AS ME ASURED BY THE ALTERN ATING CURRENT RATING 12
OF THE SYSTEM’S STATION’S INVERTER; 13
(2) (I) IS DESIGNED TO PRODU CE ELECTRICITY FOR S ALE ON THE 14
WHOLESALE MARKET ; OR 15
(II) IS A COMMUNITY SOLAR ENERGY GENERATING SY STEM 16
UNDER § 7–306.2 OF THIS TITLE; OR 17
(III) IS PART OF AGGREGATE NET METERING UNDER § 7–306.3 18
OF THIS TITLE; AND 19
(3) IS NOT LOCATED ON A ROOFTOP, CARPORT, OR BROWNFIELDS 20
SITE OR BEHIND THE M ETER OF A RETAIL ELE CTRIC CUSTOMER . 21
(C) A PERSON MAY NOT BEGIN CONSTRUCTION OF A SO LAR ENERGY 22
GENERATING STATION U NLESS: 23
(1) THE CONSTRUCTION HAS BEE N APPROVED BY THE COMMISSION 24
IN ACCORDANCE WITH OR, FOR A SOLAR ENERGY G ENERATING STATION TH AT HAS 25
THE CAPACITY TO PROD UCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 26
MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 27
THE LOCAL JURISDICTI ON VERIFIES THAT THE PROPOSED CONSTRUCTIO N MEETS 28
ALL OF THE SITE REQU IREMENTS UNDER SUBSE CTION (F) OF THIS SECTION; AND 29
(2) (I) FOR A SOLAR ENERGY GENERAT ING STATION THAT HAS THE 30
CAPACITY TO PRODUCE MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS MEASURED 31
BY THE ALTERNATING C URRENT RATING OF THE STATION’S INVERTER: 32
14 SENATE BILL 931
(I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 1
HAS BEEN ISSUED IN A CCORDANCE WITH § 7–207 OF THIS SUBTITLE; OR 2
(II) A DISTRIBUTED GENERA TION CERTIFICATE OF PUBLIC 3
CONVENIENCE AND NECE SSITY HAS BEEN ISSUE D IN ACCORDANCE WITH § 7–207.4 4
OF THIS SUBTITLE; OR 5
(III) THE CONSTRUCTION HAS BEEN APPROVED BY THE 6
COMMISSION IN ACCORDANCE WITH § 7–207.1 OF THIS SUBTITLE; AND 7
(3) THE CONSTRUCTION HAS RECEIVED APPROVAL FO R ALL LOCAL 8
PERMITS REQUIRED UND ER § 7–207(H) OF THIS SUBTITLE. 9
(D) ON RECEIPT OF AN APPL ICATION FOR APPROVAL UNDER THIS SECTION , 10
THE COMMISSION SHALL PROV IDE IMMEDIATE NOTICE OR REQUIRE THE 11
APPLICANT TO PROVIDE IMMEDIATE NOTICE OF THE APPLICATION TO : 12
(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 13
CORPORATION IN WHICH ANY PORTION OF THE S OLAR ENERGY GENERATI NG 14
STATION IS PROPOSED TO BE CONSTRUCTED ; 15
(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 16
CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R ENERGY 17
GENERATING STATION ; 18
(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 19
PART OF A COUNTY IN WHICH ANY PORTION OF THE SOLAR ENERG Y GENERATING 20
STATION IS PROPOSED TO BE CONSTRUCTED ; 21
(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 22
PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE SOLA R 23
ENERGY GENERATING ST ATION; AND 24
(5) THE RESIDENTS AND PR OPERTY OWNERS WI THIN 1 MILE OF THE 25
PROPOSED LOCATION OF THE SOLAR ENERGY GEN ERATING STATION 26
(1) A PERSON THAT SUBMITS AN APPLICATION FOR A PPROVAL OF 27
THE CONSTRUCTION OF A SOLAR ENERGY GENER ATING STATION IN ACC ORDANCE 28
WITH § 7–207 OR, § 7–207.1, OR § 7–207.4 OF THIS SUBTITLE SHALL INCLU DE WITH 29
THE APPLICATION WRIT TEN DOCUMENTATION OR OTHER EVIDENCE SHOWI NG THAT 30
THE PROPOSED CONSTRU CTION MEETS THE REQU IREMENTS UNDER SUBSE CTIONS 31
(F) AND (G) OF THIS SECTION. 32
SENATE BILL 931 15
(2) FOR A SOLAR ENERGY GE NERATING STATION THA T HAS THE 1
CAPACITY TO PRODUCE NOT MORE THAN 2 MEGAWATTS OF ELECTRI CITY AS 2
MEASURED BY THE ALTE RNATING CURRENT RATI NG OF THE STATION ’S INVERTER, 3
A PERSON THAT SUBMIT S A SITE DEVELOPMENT PLAN TO A LOCAL JURI SDICTION 4
SHALL INCLUDE WITH T HE PLAN WRITTEN DOCU MENTATION OR OTHER EVIDENCE 5
SHOWING THAT THE PRO POSED CONSTRUCTION M EETS THE REQUIREMENT S UNDER 6
SUBSECTIONS (F) AND (G) OF THIS SECTION. 7
(E) (1) WHEN REVIEWING AN APPLICA TION FOR APPROVAL UN DER 8
VERIFYING WHETHER TH E DOCUMENTATION PROV IDED UNDER SUBSECTIO N (D) OF 9
THIS SECTION MEETS THE REQUIREMENTS UNDER S UBSECTIONS (F) AND (G) OF 10
THIS SECTION, THE COMMISSION OR LOCAL JURISDICTIO N SHALL: 11
(1) COMPLY WITH AND REQU IRE THE OWNER OF THE PROPOSED 12
SOLAR ENERGY GENERAT ING STATION TO COMPL Y WITH § 7–207(D) OF THIS 13
SUBTITLE; AND 14
(2), IF THE PROPOSED LOCA TION OF THE SOLAR EN ERGY GENERATING 15
STATION IS IN AN ARE A CONSIDERED TO BE O VERBURDENED AND UNDE RSERVED, 16
AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE THE PERSON 17
CONSTRUCTING THE SOL AR ENERGY GENERATING STATION TO HOLD AT L EAST TWO 18
PUBLIC MEETINGS IN T HE COMMUNITY WHERE T HE SOLAR ENERGY GENE RATING 19
STATION IS TO BE LOC ATED TO COLLECT COMMUNITY FEEDBACK AND PROVIDE 20
OPPORTUNITIES TO ADD RESS COMMUNITY FEEDB ACK. 21
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 22
MEETINGS REQUIRED UNDER PA RAGRAPH (1) OF THIS SUBSECTION S HALL BE HELD: 23
1. IN THE COUNTY IN WHI CH THE PROPOSED SOLA R 24
ENERGY GENERATING ST ATION IS TO BE LOCAT ED; AND 25
2. WITHIN 10 MILES OF THE PROPOSE D LOCATION OF 26
THE SOLAR ENERGY GEN ERATING STATION . 27
(II) IF THE OWNER OF A PRO POSED SOLAR ENERGY 28
GENERATING STATION C ANNOT FIND A MEETING LOCATION THAT MEETS THE 29
REQUIREMENTS OF SUBP ARAGRAPH (I) OF THIS PARAGRAPH , THE OWNER MAY 30
SELECT AN ALTERNATIV E LOCATION THAT IS A S CLOSE AS PRACTICAB LE TO THE 31
LOCATION OF THE PROPOSED SO LAR ENERGY GENERATIN G STATION. 32
(F) (1) THIS SUBSECTION DOES NOT APPLY TO AGRIVOL TAICS. 33
(2) AN EXCEPT AS PROVIDED IN PARAGRAPH (9) (10) OF THIS 34
SUBSECTION, AN OWNER OF A PROPOSED SOLAR ENERGY GENERAT ING STATION: 35 16 SENATE BILL 931
(I) SHALL PROVIDE A BOUN DARY OF 150 FEET BETWEEN THE 1
SOLAR ENERGY GENERAT ING STATION AND ANY OCCUPIED BUILDIN GS OR 2
DWELLINGS NOT AFFILI ATED WITH THE SOLAR ENERGY GENERATING ST ATION THE 3
NEAREST WALL OF A RE SIDENTIAL DWELLING ; 4
(II) SHALL PROVIDE A BOUN DARY OF 50 100 FEET BETWEEN 5
THE SOLAR ENERGY GEN ERATING STATION AND ANY PARCELS OF LAND NOT 6
AFFILIATED WITH THE SOLAR ENERG Y GENERATING STATION ALL PROPERTY LINES , 7
NOT INCLUDING PROPER TY LINES THAT BISECT THE INTERIOR OF A PR OJECT AREA; 8
(III) 1. SHALL PROVIDE NONBAR BED WIRE FENCING : 9
A. AROUND THE SOLAR ENE RGY GENERATING STATI ON 10
ONLY ON THE INTERIOR OF A LANDSCAPE BUFFE R OR IMMEDIATELY ADJ ACENT TO 11
A SOLAR ENERGY GENER ATING STATION; AND 12
B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; 13
C. THAT IS ONLY BLACK O R GREEN VINYL WIRE M ESH IF 14
THE OWNER PROPOSES T O USE CHAIN LINK FEN CING; AND 15
D. THAT IS NOT LESS THA N 50 FEET AWAY FROM THE 16
EDGE OF ANY PUBLIC R OAD RIGHT–OF–WAY; AND 17
2. MAY USE BARBED WIRE FENCING AROUND THE 18
SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 19
INFRASTRUCTURE ; AND 20
(IV) SHALL PROVIDE FOR A LANDSCAPING BUFFER O R 21
VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . IN 22
ACCORDANCE WITH PARAGRAPH (3) (4) OF THIS SUBSECTION ; 23
(V) EXCEPT FOR EQUIPMENT REQUIRED FOR 24
INTERCONNECTION WITH ELECTRIC SYSTEM INFR ASTRUCTURE , MAY NOT LOCATE 25
ANY SOLAR ARRAY , ANCILLARY EQUIPMENT , OR ACCESSORY BUILDIN GS OR 26
FACILITIES WITHIN A PUBLIC ROAD RIGHT–OF–WAY; 27
(VI) 1. SHALL MITIGATE THE V ISUAL IMPACT OF THE SOLAR 28
ENERGY GENERATING ST ATION ON A PRESERVAT ION AREA, RURAL LEGACY AREA , 29
PRIORITY PRESERVATIO N AREA, PUBLIC PARK , SCENIC RIVER OR BYWA Y, 30
DESIGNATED HERITAGE AREA, OR HISTORIC STRUCTUR E OR SITE LISTED ON OR 31
ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES OR RELEVANT 32
COUNTY REGISTER OF H ISTORIC PLACES; AND 33 SENATE BILL 931 17
2. A. FOR A SOLAR ENERGY G ENERATING STATION 1
THAT HAS THE CAPACIT Y TO PRODUCE MORE TH AN 2 MEGAWATTS OF ELECTRI CITY 2
AS MEASURED B Y THE ALTERNATING CU RRENT OF THE STATION ’S INVERTER, SHALL 3
INCLUDE IN THE APPLI CATION SUBMITTED UND ER SUBSECTION (C)(2) OF THIS 4
SECTION A VIEWSHED A NALYSIS FOR ANY AREA , STRUCTURE, OR SITE SPECIFIED IN 5
ITEM 1 OF THIS ITEM; AND 6
B. FOR A SOLAR ENERGY G ENERATING STATION THA T 7
HAS THE CAPACITY TO PRODUCE NOT MORE THA N 2 MEGAWATTS OF ELECTRI CITY AS 8
MEASURED BY THE ALTE RNATING CURRENT OF T HE STATION’S INVERTER, SHALL 9
INCLUDE IN AN APPLIC ATION FOR A SITE DEV ELOPMENT PLAN A VIEW SHED 10
ANALYSIS FOR ANY ARE A, STRUCTURE, OR SITE SPECIFIED IN ITEM 1 OF THIS ITEM; 11
AND 12
(VII) SHALL PROVIDE NOTICE OF EACH PROPOSED SOL AR 13
ENERGY GENERATING ST ATION TO THE EMERGEN CY RESPONSE SERVICES OF EACH 14
COUNTY IN WHICH ANY PORTION OF THE GENER ATING STATION IS TO BE 15
CONSTRUCTED , INCLUDING A MAP OF T HE PROPOSED GENERATI NG STATION AND 16
THE PROPOSED LOCATIO N OF ANY SOLAR COLLE CTOR OR ISOLATOR SWI TCH. 17
(2) (3) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A 18
BERM FOR A SOLAR ENE RGY GENERATING STATI ON APPROVED UNDER TH IS 19
SECTION. 20
(3) (4) THE BUFFER OR VEGETATIVE SCREEN ING REQUIRED IN 21
PARAGRAPH (1)(IV) (2)(IV) OF THIS SUBSECTION S HALL: 22
(I) BE NOT MORE THAN 25 FEET IN DEPTH; 23
(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 24
SOLAR ENERGY GENERAT ING SYSTEM; 25
(III) INCLUDE MULTILAYERED , STAGGERED ROWS OF 26
OVERSTORY AND UNDERS TORY TREES; AND 27
(IV) BE PLANTED WITH NOT MORE THAN 10 TREES PER 100 28
LINEAR FEET, WITH A MAXIMUM HEIGH T AT PLANTING OF 6 FEET BE NOT MORE 29
THAN 35 FEET WIDE; 30
(II) BE PROVIDED ALONG : 31
1. ALL PROPERTY LINES ; 32
18 SENATE BILL 931
2. LOCATIONS OF THE EXT ERIOR BOUNDARY FOR T HE 1
SOLAR ENERGY GENERAT ING STATION WHERE EX ISTING WOODED VEGETA TION OF 2
50 FEET OR MORE IN WIDT H DOES NOT EXIST ; OR 3
3. AN ALTERNATIVE LOCAT ION WITHIN THE BOUND ARY 4
FOR THE SOLAR ENERG Y GENERATING STATION IF THE OWNER DEMONST RATES 5
THAT THE ALTERNATIVE LOCATION WOULD MAXIM IZE THE VISUAL SCREE NING; 6
(III) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 7
SOLAR ENERGY GENERAT ING STATION; 8
(IV) BE PLACED BETWEEN AN Y FENCING AND THE PU BLIC VIEW; 9
(V) INCLUDE MULTILAYERED , STAGGERED ROWS OF 10
OVERSTORY AND UNDERS TORY TREES AND SHRUB S THAT: 11
1. ARE A MIXTURE OF EVE RGREEN AND DECIDUOUS 12
VEGETATION; 13
2. ARE PREDOMINANTLY NA TIVE TO THE REGION ; 14
3. ARE MORE THAN 4 FEET IN HEIGHT AT PLANTING; 15
4. ARE DESIGNED TO PROV IDE SCREENING OR 16
BUFFERING WITHIN 5 YEARS OF PLANTING ; 17
5. MAY NOT BE TRIMMED T O STUNT UPWARD OR 18
OUTWARD GROWTH OR TO OTHERWISE LIMIT THE EFFECTIVENESS OF THE VISUAL 19
SCREEN; 20
6. CONFORM TO THE PLANT SIZE SPECIFICATIONS 21
ESTABLISHED BY THE AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1); 22
AND 23
7. ARE SPECIFIED IN A L ANDSCAPING PLAN PREP ARED 24
BY A QUALIFIED PROFE SSIONAL LANDSCAPE AR CHITECT; 25
(VI) BE INSTALLED AS EARL Y IN THE CONSTRUCTIO N PROCESS 26
AS PRACTICABLE AND BEFORE THE ACTIVATION OF TH E PROPOSED SOLAR ENE RGY 27
GENERATING STATION ; 28
(VII) PRESERVE TO THE MAXI MUM EXTENT PRACTICAB LE AND 29
SUPPLEMENTED WITH NE W PLANTINGS WHERE NE CESSARY, ANY FOREST OR 30 SENATE BILL 931 19
HEDGEROW THAT EXISTS AT A LOCATION WHERE VISUAL SCR EENING OR 1
LANDSCAPE BUFFERING IS REQUIRED; AND 2
(VIII) SHALL BE MAINTAINED WITH A 90% SURVIVAL THRESHOLD 3
FOR THE LIFE OF THE SOLAR ENERGY GENERAT ING SYSTEM STATION THROUGH A 4
MAINTENANCE AGREEMEN T THAT INCLUDES A WA TERING PLAN. 5
(4) (5) WITH RESPECT TO THE SITE ON WHICH A SOLAR ENERGY 6
GENERATING STATION I S PROPOSED FOR CONST RUCTION, THE OWNER OF THE 7
SOLAR ENERGY GENERAT ING STATION: 8
(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 9
POSSIBLE; 10
(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 11
MOVE OR TEMPORARILY STO CKPILE TOPSOIL FOR G RADING; 12
(III) TO MAINTAIN SOIL INT EGRITY, SHALL PLANT NATIVE OR 13
NONINVASIVE NATURALI ZED VEGETATION AND OTHER APPROPRIATE VEGETATI VE 14
PROTECTIONS THAT HAV E A 90% SURVIVAL THRESHOLD F OR THE FIRST 3 YEARS OF 15
THE LIFE OF THE SOLAR EN ERGY GENERATING STAT ION; 16
(IV) SHALL LIMIT MOWING A ND OTHER UNNECESSARY 17
LANDSCAPING ; 18
(V) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 19
AND NOXIOUS SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF 20
AGRICULTURE ’S WEED CONTROL PROGR AM; AND 21
(VI) SHALL POST FOR THE F IRST 3 5 YEARS OF THE LIFE OF THE 22
SOLAR ENERGY GENERAT ING STATION A LANDSC APING BOND EQUAL TO 50% 100% 23
OF THE TOTAL LANDSCA PING COST WITH THE C OUNTY IN WHICH THE S OLAR ENERGY 24
GENERATING STATION I S LOCATED. 25
(5) (6) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 26
PARAGRAPH , A LOCAL JURISDICTION SHALL HOLD ANY LANDS CAPING BOND 27
REQUIRED UNDER PARAG RAPH (4)(VI) (5)(VI) OF THIS SUBSECTION F OR 5 YEARS. 28
(II) A LOCAL JURISDICTION S HALL RELEASE 50% OF THE 29
LANDSCAPING BOND IF, ON INSPECTION , THE VEGETATIVE PROTE CTIONS MEET A 30
90% SURVIVAL THRESHOLD . 31
(III) FOLLOWING THE RELEASE OF A LANDSCAPING BON D 32
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE REMAINING LANDSC APING 33 20 SENATE BILL 931
BOND SHALL BE HELD F OR AN ADDITIONAL 2 YEARS AND, ON FURTHER INSPECTION 1
AND CONFIRMATION THA T THE VEGETATIVE PRO TECTIONS CONTINUE TO MEET A 2
90% SURVIVAL THRESHOLD , SHALL BE RELEASED . 3
(6) AN OWNER OF A SOLAR E NERGY GENERATING STA TION SHALL 4
COMPLY WITH ALL STATE LAWS RELATING T O: 5
(I) STORMWATER MANAGEMENT ; 6
(II) EROSION AND SEDIMENT CONTROL; 7
(III) SITE STABILIZATION ; 8
(IV) IMPACTS ON SOIL DENS ITY AND COMPACTION ; AND 9
(V) IMPACTS ON GROUND CO VER UNDER THE PANELS . 10
(7) EXCEPT AS REQUIRED BY LAW, OR FOR SAFETY OR EME RGENCY, 11
THE SOLAR ENERGY GENERATING ST ATION MAY NOT EMIT V ISIBLE LIGHT DURING 12
DUSK TO DAWN OPERATI ONS. 13
(8) (I) THIS PARAGRAPH DOES N OT APPLY TO: 14
1. EQUIPMENT NECESSARY FOR INTERCONNECTION 15
WITH THE ELECTRIC SY STEM; OR 16
2. SOLAR ENERGY GENERAT ING STATIONS LOCATED ON 17
LAND THAT ARE IS ALSO USED FOR AGRICU LTURAL PURPOSES . 18
(II) A PROPOSED SOLAR ENERG Y GENERATING STATION AND 19
ANY ACCESSORY STRUCT URES ASSOCIATED WITH THE STATION MUST HAV E AN 20
AVERAGE HEIGHT OF NO T MORE THAN 15 FEET. 21
(9) SETBACKS FOR SOLAR EN ERGY GENERATING STAT IONS: 22
(I) SHALL BE MEASURED FR OM THE PROPERTY BOUN DARY TO 23
THE NEAREST SOLAR AR RAY OR ACCESSORY EQU IPMENT, BUILDINGS, OR 24
FACILITIES THAT GENE RATE, MAINTAIN, OPERATE, MANAGE, DISTRIBUTE, AND 25
TRANSMIT ELECTRICITY; AND 26
(II) MAY NOT APPLY TO ANY INTERCONNECTION TIE LINE OR 27
FACILITY THAT CONNEC TS A SOLAR ENERGY GE NERATING STATION TO THE 28
ELECTRIC SYSTEM . 29
SENATE BILL 931 21
(10) (I) THE OWNER OF A PROPOS ED SOLAR ENERGY GENE RATING 1
STATION MAY PROVIDE TO THE COMMISSION O R LOCAL JURISDICTION WRITTEN 2
DOCUMENTATION OF A S ITING AGREEMENT : 3
1. ENTERED INTO WITH TH E COUNTY IN WHICH TH E 4
PROPOSED SOLAR ENERG Y GENERATING STATION IS TO BE LOCATED; AND 5
2. THAT PROVIDES LESS S TRINGENT RESTRICTION S 6
THAN THOSE SPECIFIED UNDER THIS SUBSECTION . 7
(II) IF A PROPOSED SOLAR E NERGY GENERATING STA TION 8
PROVIDES TO THE COMMISSION OR LOCAL J URISDICTION WRITTEN 9
DOCUMENTATION IN ACC ORDANCE WITH SUBPARA GRAPH (I) OF THIS PARAGRAPH , 10
THE PROPOSED SOLAR E NERGY GENERATING STA TION SHALL BE CO NSIDERED AS 11
MEETING THE REQUIREM ENTS OF THIS SUBSECT ION. 12
(G) AN OWNER OF A SOLAR E NERGY GENERATING STA TION: 13
(1) SHALL ENTER INTO A D ECOMMISSIONING AGREE MENT WITH THE 14
COMMISSION ON A FORM THAT THE COMMISSION PROVIDES ; 15
(2) SHALL POST A SURETY BOND WITH THE COMMISSION FOR NOT 16
MORE THAN 100% 125% OF THE ESTIMATED FUTURE COST OF DECOMMISSION ING 17
THE SOLAR ENERGY GEN ERATING STATION AND ITS RELATED INFRASTR UCTURE, 18
LESS ANY SALVAGE VAL UE; AND 19
(3) SHALL EXECUTE A SECU RITIZATION BOND TRUE –UP EVERY 5 20
YEARS. 21
(H) (1) A EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS 22
SUBSECTION, A LOCAL JURISDICTION M AY NOT: 23
(I) ADOPT ZONING LAWS OR OTHER LAWS OR REGULA TIONS 24
THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF SOLAR ENERGY 25
GENERATING STATIONS ; OR 26
(II) DENY SITE DEVELOPMEN T PLANS FOR SOLAR EN ERGY 27
GENERATING STATIONS THAT MEET THE REQUIR EMENTS OF SUBSECTION (F) OF 28
THIS SECTION. 29
(2) A LOCAL JURISDICTION S HALL: 30
22 SENATE BILL 931
(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 1
DEVELOPMENT PLANS FO R SOLAR ENERGY GENER ATING STATIONS IF THOSE PL ANS 2
MEET THE REQUIREMENT S OF THIS SECTION; AND 3
(II) FOR SOLAR ENERGY GEN ERATING STATIONS WIT H A 4
GENERATING CAPACITY OF NOT MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 5
ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 6
INVERTER, PROCESS THE SITE DEV ELOPMENT PLAN APPLIC ATION AS A PERMITTED 7
USE SUBJECT TO THE R EVIEW STANDARDS IN § 4–205 OF THE LAND USE ARTICLE. 8
(3) A GROUND MOUNTED SOLAR ENERGY GENERATING ST ATION WITH 9
A GENERATING CAPACIT Y OF MORE THAN 5 MEGAWATTS , AS MEASURED BY THE 10
ALTERNATING CURRENT RATING OF THE SOLAR ENERGY GENERATING ST ATION’S 11
INVERTER, MAY NOT BE LOCATED O N ANY LOT, PARCEL, OR TRACT OF LAND THA T, 12
AS OF JANUARY 1, 2025, IS LOCATED WITHIN : 13
(I) A TIER 1 OR TIER 2 MAPPED LOCALLY DESIG NATED 14
GROWTH AREA ADOPTED UNDE R § 1–506 OF THE LAND USE ARTICLE; 15
(II) A MEDIUM DENSITY RES IDENTIAL AREA OR HIG H DENSITY 16
RESIDENTIAL AREA , AS DEFINED IN § 5–1601 OF THE NATURAL RESOURCES 17
ARTICLE; OR 18
(III) A MIXED–USE AREA WITH A RESI DENTIAL COMPONENT . 19
(4) (I) THE TOTAL COMBINED NU MBER OF SOLAR ENERGY 20
GENERATING STATIONS THAT MAY BE APPROVED FOR CONSTRUCTION IN A 21
PRIORITY PRESERVATIO N AREA THAT WAS ESTA BLISHED BEFORE JANUARY 1, 2025, 22
SHALL: 23
1. BE LIMITED IN AREA T O 5% OF THE TOTAL ACREAGE 24
OF THE PRIORIT Y PRESERVATION AREA ; 25
2. BE LOCATED IN THE PR OJECT AREA WITHIN TH E 26
PRIORITY PRESERVATIO N AREA; AND 27
3. MEET ALL REQUIREMENT S UNDER THIS SECTION . 28
(II) THE PROHIBITIONS IN P ARAGRAPH (1) OF THIS 29
SUBSECTION DO NOT AP PLY TO THE REMAINING 95% OF A PRIORITY PRESERVATIO N 30
AREA ONCE THE 5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH 31
HAS BEEN ACHIEVED FO R THE PRIORITY PRESE RVATION AREA . 32
SENATE BILL 931 23
(III) A COUNTY SHALL REPORT TO THE COMMISSION WHEN THE 1
5% LIMITATION UNDER SUB PARAGRAPH (I) OF THIS PARAGRAPH HAS BEEN 2
ACHIEVED FOR A PRIOR ITY PRESERVATION ARE A. 3
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 4
SOLAR ENERGY GENERAT ING STATION IS EXEMP T FROM PERSONAL AND REAL 5
PROPERTY TAXES . 6
(2) A SOLAR ENERGY GENERAT ING STATION MAY BE REQUIRED BY A 7
LOCAL JURISDICTION T O MAKE A PAYMENT IN LIEU OF TAXES UP TO $5,000 PER 8
MEGAWATT OF ENERGY G ENERATED FROM THE SO LAR ENERGY GENERATIN G 9
STATION THIS SUBSECTION DOES NOT APPLY TO AGRIVOL TAICS, AS DEFINED IN § 10
7–306.2 OF THIS TITLE , THAT ARE LOCATED ON LAND ASSE SSED FOR 11
AGRICULTURAL USE , OTHER THAN USE AS AN APIARY OR A POLLINAT OR HABITAT, 12
UNDER § 8–209 OF THE TAX – PROPERTY ARTICLE. 13
(J) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO ADD ANY 14
ADDITIONAL LIMITATIO NS TO THE AUTHORITY OF THE COMMISSION IN THE 15
APPROVAL PROCESS FOR AN APPLICATION FOR A CERTIFICATE OF PUBLI C 16
CONVENIENCE AND NECE SSITY. 17
7–219. 18
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “ENERGY STORAGE DEVICE ” HAS THE MEANING STAT ED IN § 21
7–216 OF THIS SUBTITLE . 22
(3) “LOCAL JURISDICTION ” INCLUDES COUNTIES , MUNICIPAL 23
CORPORATIONS , AND OTHER FORMS OF L OCAL GOVERNMENT . 24
(B) A PERSON MAY NOT BEGIN CONSTRUCTION OF AN A 25
FRONT–OF–THE–METER ENERGY STORAGE DEVIC E UNLESS THE CONSTRU CTION 26
HAS BEEN APP ROVED BY THE COMMISSION IN ACCORDA NCE WITH REGULATIONS 27
ADOPTED UNDER THIS SECTION. 28
(C) ON RECEIPT OF AN APPL ICATION FOR APPROVAL OF THE 29
CONSTRUCTION OF ENERGY STORAGE DEVIC ES A FRONT–OF–THE–METER ENERGY 30
STORAGE DEVICE UNDER THIS SECTION , THE COMMISSION SHALL PROVIDE 31
IMMEDIATE NOTICE OR REQUIRE THE APPLICAN T TO PROVIDE IMMEDIA TE NOTICE 32
OF THE APPLICATION T O: 33
24 SENATE BILL 931
(1) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 1
CORPORATION IN WHICH ANY PORTION OF THE E NERGY STORAGE DEVICE IS 2
PROPOSED TO BE CONST RUCTED; 3
(2) THE GOVERNING BODY O F EACH COUNTY OR MUN ICIPAL 4
CORPORATION WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 5
STORAGE DEVICE ; 6
(3) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 7
PART OF A COUNTY IN WHICH ANY PORTION OF THE ENERGY STORAGE D EVICE IS 8
PROPOSED TO BE CONST RUCTED; 9
(4) EACH MEMBER OF THE GENERAL ASSEMBLY REPRESENTING ANY 10
PART OF A COUNTY WIT HIN 1 MILE OF THE PROPOSED LOCATION OF THE ENER GY 11
STORAGE DEVICE ; AND 12
(5) THE RESIDENTS AND OWNERS OF PROPERTY THAT IS AFFECTED 13
COMMUNITIES THAT ARE WITHIN 1 MILE OF THE PROPOSED LOCATION OF THE 14
ENERGY STORAGE DEVIC E. 15
(D) WHEN REVIEWING AN APP LICATION FOR APPROVA L UNDER THIS 16
SECTION, THE COMMISSION SHALL : 17
(1) IF THE PROJECT WILL STORE MORE THAN 100 KILOWATTS, 18
COMPLY WITH AND REQUIRE THE APPLICAN T TO COMPLY WITH § 7–207(D) OF THIS 19
SUBTITLE; 20
(2) IF THE PROPOSED LOCA TION OF THE FRONT–OF–THE–METER 21
ENERGY STORAGE DEVIC E IS IN AN AREA CONS IDERED TO BE OVERBUR DENED AND 22
UNDERSERVED , AS DEFINED IN § 1–701 OF THE ENVIRONMENT ARTICLE, REQUIRE 23
THE APPLICANT TO HOL D AT LEAST TWO PUBLI C MEETINGS IN THE CO MMUNITY 24
WHERE THE ENERGY STO RAGE DEVICE IS TO BE LOCATED; AND 25
(3) (2) EXEMPT AN A FRONT–OF–THE–METER ENERGY STORAGE 26
DEVICE THAT IS LOCATED WITHIN THE B OUNDARIES OF AN EXIS TING ELECTRI CITY 27
GENERATING STATION F ROM THE MEETING REQU IREMENTS OF THIS SUB SECTION. 28
(E) (1) AN OWNER OF A PROPOSE D FRONT–OF–THE–METER ENERGY 29
STORAGE DEVICE THAT WILL NOT BE CON STRUCTED AT A COMMERCIAL OR 30
INDUSTRIAL LOCATION : 31
(I) 1. SHALL PROVIDE NONBAR BED WIRE FENCING: 32
A. AROUND THE ENERGY ST ORAGE DEVICE ; AND 33 SENATE BILL 931 25
B. THAT IS NOT MORE THA N 20 FEET IN HEIGHT; AND 1
2. MAY USE BARBED WIRE FENCING AROUND THE 2
SUBSTATIONS OR OTHER CRITICAL INFRASTRUCT URE FOR PROTECTION O F THAT 3
INFRASTRUCTURE ; AND 4
(II) SHALL PROVIDE FOR A LAN DSCAPING BUFFER OR 5
VEGETATIVE SCREENING IF REQUIRED BY THE L OCAL JURISDICTION . 6
(2) A LOCAL JURISDICTION M AY NOT REQUIRE THE U SE OF A BERM 7
FOR AN A FRONT–OF–THE–METER ENERGY STORAGE DEVIC E APPROVED UNDER 8
THIS SECTION. 9
(3) THE BUFFE R REQUIRED IN PARAGR APH (1)(II) OF THIS 10
SUBSECTION SHALL : 11
(I) BE NOT MORE THAN 25 FEET IN DEPTH; AND 12
(II) PROVIDE FOR FOUR –SEASON VISUAL SCREEN ING OF THE 13
FRONT–OF–THE–METER ENERGY STORAGE DEVIC E. 14
(4) WITH RESPECT TO THE S ITE ON WHICH AN A 15
FRONT–OF–THE–METER ENERGY STORAGE DEVIC E IS PROPOSED FOR 16
CONSTRUCTION , THE OWNER OF THE ENE RGY STORAGE DEVICE : 17
(I) SHALL MINIMIZE GRADI NG TO THE MAXIMUM EX TENT 18
POSSIBLE; 19
(II) MAY NOT REMOVE TOPSO IL FROM THE PARCEL , BUT MAY 20
MOVE OR TEMPORARILY STOCKPILE TOPSOIL FOR GRA DING; AND 21
(III) MAY NOT USE HERBICID ES EXCEPT TO CONTROL INVASIVE 22
SPECIES IN COMPLIANC E WITH THE DEPARTMENT OF AGRICULTURE ’S WEED 23
CONTROL PROGRAM . 24
(F) (1) A LOCAL JURISDICTION M AY NOT: 25
(I) ADOPT ZONING LAWS OR OTHER LAWS OR RE GULATIONS 26
THAT PROHIBIT THE CO NSTRUCTION OR OPERAT ION OF FRONT–OF–THE–METER 27
ENERGY STORAGE DEVIC ES; OR 28
26 SENATE BILL 931
(II) DENY SITE DEVELOPMEN T PLANS FOR 1
FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES THAT MEET THE 2
REQUIREMENTS OF SUBS ECTION (E) OF THIS SECTION. 3
(2) A LOCAL JURISDICTION S HALL: 4
(I) EXPEDITE THE REVIEW AND APPROVAL OF SITE 5
DEVELOPMENT PLANS FO R FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES IF 6
THOSE PLANS MEET THE REQUIREMENTS OF THIS SECTION; AND 7
(II) ADOPT STANDARD PROCE SSES FOR THE REVIEW AND 8
APPROVAL OF SITE DEVELOP MENT PLANS FOR THE C ONSTRUCTION OF 9
FRONT–OF–THE–METER ENERGY STORAGE DEVIC ES. 10
(G) THE COMMISSION MAY WAIVE OR MODIFY THE REQUIR EMENTS UNDER 11
SUBSECTIONS (C), (D), AND (E) OF THIS SECTION FOR GOOD CAUSE. 12
(H) THE COMMISSION SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 13
SECTION. 14
7–306.2. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) (I) “Agrivoltaics” means the simultaneous use of areas of land: 17
1. THAT ARE MAINTAINED IN AGRICULTURAL USE IN 18
ACCORDANCE WITH COMAR 18.02.03 AND OR THE MARYLAND ASSESSMENT 19
PROCEDURES MANUAL; AND 20
2. for both solar power generation and: 21
(i) A. raising grains, fruits, herbs, melons, mushrooms, nuts, 22
seeds, tobacco, or vegetables; 23
(ii) B. raising poultry, including chickens and turkeys, for meat 24
or egg production; 25
(iii) C. dairy production, such as the raising of milking cows; 26
(iv) D. raising livestock, including cattle, sheep, goats, or pigs; 27
(v) E. horse boarding, breeding, or training; 28
(vi) F. turf farming; 29 SENATE BILL 931 27
(vii) G. raising ornamental shrubs, plants, or flowers, including 1
aquatic plants; 2
(viii) H. aquaculture; 3
(ix) I. silviculture; or 4
(x) J. any other activity UNDER COMAR 18.02.03 OR THE 5
MARYLAND ASSESSMENT PROCEDURES MANUAL THAT IS recognized by the 6
Department of Agriculture as an agricultural activity UNDER COMAR 18.02.03 OR THE 7
MARYLAND ASSESSMENT PROCEDURES MANUAL. 8
(II) “AGRIVOLTAICS” DOES NOT INCLUDE THE SIMULTANEOUS 9
USE OF AREAS OF LAND FOR BOTH SOLAR POWER GEN ERATION AND: 10
1. APIARIES; OR 11
2. POLLINATOR HABITAT . 12
(3) “AUTOMATIC ENROLLMENT PROJECT” MEANS A COMMUNITY 13
SOLAR ENERGY GENERAT ING SYSTEM: 14
(I) IN WHICH ALL OR A PO RTION OF THE SUBSCRI BERS ARE 15
AUTOMATICALLY ENROLL ED; AND 16
(II) 1. THAT IS OWNED AND OP ERATED BY A LOCAL 17
GOVERNMENT ; OR 18
2. FOR WHICH A LOCAL GO VERNMENT OR ITS DESI GNEE 19
SERVES AS THE SUBSCR IPTION COORDINATOR . 20
(4) (3) “Baseline annual usage” means: 21
(i) a subscriber’s accumulated electricity use in kilowatt–hours for 22
the 12 months before the subscriber’s most recent subscription; or 23
(ii) for a subscriber that does not have a record of 12 months of 24
electricity use at the time of the subscriber’s most recent subscription, an estimate of the 25
subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a 26
manner the Commission approves. 27
[(4)] (5) (4) “Community solar energy generating system” means a solar 28
energy system that: 29
28 SENATE BILL 931
(i) is connected to the electric distribution [grid] SYSTEM serving 1
the State; 2
(ii) is located in the same electric service territory as its subscribers; 3
(iii) is attached to the electric meter of a subscriber or is a separate 4
facility with its own electric meter; 5
(iv) credits its generated electricity, or the value of its generated 6
electricity, to the bills of the subscribers to that system through virtual net energy 7
metering; 8
(v) has at least two subscribers but no limit to the maximum number 9
of subscribers; 10
(vi) does not have subscriptions larger than 200 kilowatts 11
constituting more than 60% of its kilowatt–hour output; 12
(vii) has a generating capacity that does not exceed 5 megawatts as 13
measured by the alternating current rating of the system’s inverter; 14
(viii) may be owned by any person; and 15
(ix) with respect to community solar energy generating systems 16
constructed under the Program, serves at least 40% of its kilowatt–hour output to LMI 17
subscribers unless the solar energy system is wholly owned by the subscribers to the solar 18
energy system. 19
[(5)] (6) “Consolidated billing” means a payment mechanism that 20
requires an electric company to, at the request of a subscriber organization or subscription 21
coordinator: 22
(i) include the monthly subscription charge of a subscriber 23
organization or subscription coordinator on the monthly bills rendered by the electric 24
company for electric service and supply to subscribers; and 25
(ii) remit payment for those charges to the subscriber organization 26
or subscription coordinator. 27
[(6)] (7) “Critical area” has the meaning stated in § 8–1802 of the Natural 28
Resources Article. 29
[(7)] (8) “LMI subscriber” means a subscriber that: 30
(i) is low–income; 31
SENATE BILL 931 29
(ii) is moderate–income; or 1
(iii) resides in a census tract that is [an]: 2
1. AN overburdened community; and 3
2. AN underserved community. 4
(9) “LOCAL GOVERNMENT ” MEANS: 5
(I) A COUNTY; OR 6
(II) A MUNICIPAL CORPORAT ION. 7
[(8)] (10) (9) “Low–income” means: 8
(i) having an annual household income that is at or below 200% of 9
the federal poverty level; or 10
(ii) being certified as eligible for any federal, State, or local 11
assistance program that limits participation to households whose income is at or below 12
200% of the federal poverty level. 13
[(9)] (11) (10) “Moderate–income” means having an annual household 14
income that is at or below 80% of the median income for Maryland. 15
[(10)] (12) (11) “Overburdened community” has the meaning stated in § 16
1–701 of the Environment Article. 17
[(11)] (13) (12) “Pilot program” means the program established under this 18
section before July 1, 2023, and effective until the start of the Program established under 19
subsection (d)(20) of this section. 20
[(12)] (14) (13) “Program” means the Community Solar Energy 21
Generating Systems Program. 22
[(13)] (15) (14) “Queue” means: 23
(i) the pilot program queue an electric company is required to 24
maintain under COMAR 20.62.03.04; and 25
(ii) a queue an electric company may be required to maintain under 26
the Program. 27
[(14)] (16) (15) “Subscriber” means a retail customer of an electric 28
company that: 29 30 SENATE BILL 931
(i) holds a subscription to a community solar energy generating 1
system; and 2
(ii) has identified one or more individual meters or accounts to which 3
the subscription shall be attributed. 4
[(15)] (17) (16) (I) “Subscriber organization” means: 5
(i) 1. (I) a person that owns or operates a community solar energy 6
generating system; or 7
(ii) 2. (II) the collective group of subscribers of a community solar 8
energy generating system. 9
[(16)] (18) (II) “SUBSCRIBER ORGANIZATI ON” MAY INCLUDE A 10
COUNTY OR MUNICIPAL CORPORATION . 11
(17) (16) “Subscription” means the portion of the electricity generated by 12
a community solar energy generating system that is credited to a subscriber. 13
[(17)] (19) (18) “Subscription coordinator” means a person that: 14
(i) markets community solar energy generating systems or 15
otherwise provides services related to community solar energy generating systems under 16
its own brand name; 17
(ii) performs any administrative action to allocate subscriptions, 18
connect subscribers with community solar energy generating systems, or enroll customers 19
in the Program; or 20
(iii) manages interactions between a subscriber organization and an 21
electric company or electricity supplier relating to subscribers. 22
[(18)] (20) (19) “Underserved community” has the meaning stated in § 23
1–701 of the Environment Article. 24
[(19)] (21) (20) “Unsubscribed energy” means any community solar 25
energy generating system output in kilowatt–hours that is not allocated to any subscriber. 26
[(20)] (22) (21) “Virtual net energy metering” means measurement of the 27
difference between the kilowatt–hours or value of electricity that is supplied by an electric 28
company and the kilowatt–hours or value of electricity attributable to a subscription to a 29
community solar energy generating system and fed back to the electric grid over the 30
subscriber’s billing period, as calculated under the tariffs established under subsections 31
(e)(2), (f)(2), and (g)(2) of this section. 32 SENATE BILL 931 31
(c) A community solar energy generating system, subscriber, subscriber 1
organization, or subscription coordinator is not: 2
(1) an electric company; 3
(2) an electricity supplier; or 4
(3) a generating station if: 5
(I) the generating capacity of the community solar energy 6
generating system does not exceed 2 megawatts; OR 7
(II) THE COMMUNITY SOLAR ENERGY GENERATING SY STEM IS 8
LOCATED ON THE ROOFT OP OF A BUILDING . 9
(d) (7) (I) Any unsubscribed energy generated by a community solar energy 10
generating system that is not owned by an electric company shall CREATE BANKED BILL 11
CREDITS TRACKED BY T HE ELECTRIC COMPANY THAT, WITHIN 1 YEAR AFTER THE 12
DATE THAT THE BANKED BILL CREDIT WAS CRE ATED, MAY BE ALLOCATED TO ONE 13
OR MORE SUBSCRIBERS BY THE SUBSCRIBER OR GANIZATION OR SUBSCR IPTION 14
COORDINATOR ASSOCIAT ED WITH THE COMMUNIT Y SOLAR ENERGY GENER ATING 15
SYSTEM. 16
(II) THE GENERATION ASSOCI ATED WITH A BANKED B ILL 17
CREDIT NOT ALLOCATED TO A SUBSCRIBER WITHIN 1 YEAR AFTER THE DATE THAT 18
THE BANKED BILL CRED IT WAS CREATED SHALL be purchased under the electric 19
company’s process for purchasing the output from qualifying facilities at the amount it 20
would have cost the electric company to procure the energy. 21
(O) (1) A LOCAL GOVERNMENT MAY ESTABLISH A COMMUNIT Y SOLAR 22
AUTOMATIC ENROLLMENT PROGRAM BY SUBMITTIN G TO THE COMMISSION A LOCAL 23
LAW, A CONTRACT, OR AN ADMINISTRATIVE APPROVAL THAT : 24
(I) STATES WHETHER : 25
1. THE LOCAL GOVERNMENT WILL OWN AND OPERATE 26
ONE OR MORE AUTOMATI C ENROLLMENT PROJECT S; OR 27
2. THE LOCAL GOVERNMENT OR ITS DESIGNEE WILL 28
SERVE AS THE SUBSCRI PTION COORDINATOR FO R ONE OR MORE AUTOMA TIC 29
ENROLLMENT PROJECTS OWNED BY A THIRD PAR TY; AND 30
(II) DESCRIBES THE MECHAN ISM BY WHIC H THE LOCAL 31
GOVERNMENT INTENDS T O ENROLL CUSTOMERS . 32 32 SENATE BILL 931
(2) AN AUTOMATIC ENROLLME NT PROJECT SHALL UTI LIZE 1
CONSOLIDATED BILLING AND PROVIDE A GUARAN TEED BILL CREDIT DIS COUNT TO 2
AUTOMATIC ENROLLMENT SUBSCRIBERS . 3
(3) A LOCAL GOVERNMENT MAY CONTRACT WITH A DESIGNEE TO 4
IDENTIFY AND MANAGE THE SUBSCRIPTIONS TO AN AUTOMATIC ENROLLM ENT 5
PROJECT. 6
(4) A LOCAL GOVERNMENT OR ITS DESIGNEE SHALL B E RESPONSIBLE 7
FOR IDENTIFYING THE CUSTOMERS THAT WILL BE AUTOMATICALLY ENR OLLED FOR 8
A SUBSCRIPTION TO TH E AUTOMATIC ENROL LMENT PROJECT , SUBJECT TO THE 9
FOLLOWING CONDITIONS : 10
(I) AUTOMATIC ENROLLMENT SUBSCRIBERS MUST BE 11
RESIDENTIAL CUSTOMER S, INCLUDING CUSTOMERS RESIDING IN MULTIFAM ILY 12
DWELLING UNITS ; 13
(II) AT LEAST 51% OF AUTOMATIC ENROLLM ENT SUBSCRIBERS 14
MUST BE LMI SUBSCRIBERS; 15
(III) ALL CUSTOMERS SELECT ED TO BE AUTOMATICAL LY 16
ENROLLED AS SUBSCRIB ERS TO THE AUTOMATIC ENROLLMENT PROJECT M UST BE 17
WITHIN THE SERVICE T ERRITORY OF THE ELEC TRIC COMPANY WHERE T HE 18
AUTOMATIC ENROLLMENT PROJECT IS LOCATED ; 19
(IV) SUBSCRIBERS MAY DECLINE OR OP T OUT FROM A 20
SUBSCRIPTION TO THE AUTOMATIC ENROLLMENT PROJECT AT ANY TIME ; 21
(V) AUTOMATIC ENROLLMENT SUBSCRIBERS MAY SUBM IT A 22
REQUEST TO OPT OUT O F A SUBSCRIPTION BY PHONE, IN WRITING, OR ONLINE 23
THROUGH A WEBSITE MA INTAINED BY THE LOCAL GOVERNMENT OR ITS DESIGNEE; 24
AND 25
(VI) A LOCAL GOVERNMENT M AY NOT CHARGE A FEE OR 26
PENALTY FOR ENROLLME NT IN OR EXITING FRO M AN AUTOMATIC ENROL LMENT 27
PROJECT. 28
(5) A LOCAL GOVERNMENT OR ITS DESIGNEE MAY VER IFY THE 29
INCOME OF A PROSPECT IVE SUBSCRIBER FOR ELIGIBILITY AS A N LMI SUBSCRIBER 30
USING ONE OF THE FOL LOWING METHODS : 31
(I) THE LOCATION OF THE PROSPECTIVE SUBSCRIB ER IN AN 32
OVERBURDENED COMMUNI TY OR UNDERSERVED CO MMUNITY; 33 SENATE BILL 931 33
(II) A FORM OF VERIFICATI ON AUTHORIZED UNDER 1
SUBSECTION (F)(1)(IV) OF THIS SECTION; OR 2
(III) ANY OTHER METHOD SEL ECTED BY THE LOCAL 3
GOVERNMENT . 4
(6) AT LEAST 90 DAYS BEFORE SUBSCRIB ERS BEGIN RECEIVING 5
THEIR FIRST BILL CRE DITS, A LOCAL GOVERNMENT O R ITS DESIGNEE SHALL 6
PROVIDE WRITTEN NOTI CE OF THE AUTOMATIC ENROLLMENT TO ALL SELECTED 7
SUBSCRIBERS VIA DELI VERY BY THE U.S. POSTAL SERVICE. 8
(7) THE NOTICE REQUIRED I N PARAGRAPH (6) OF THIS SUBSECTION 9
SHALL INCLUDE : 10
(I) A STATEMENT THAT THE LOCAL GOVERNMENT HAS 11
ESTABLISHED AN AUTOM ATIC ENROLLMENT PROJ ECT; 12
(II) A STATEMENT THAT THE P ROSPECTIVE SUBSCRIBE R HAS 13
THE RIGHT TO OPT OUT OF THE AUTOMATIC ENR OLLMENT PROJECT AT A NY TIME, 14
BUT IF NO OPT–OUT REQUEST IS RECEI VED, THE PROSPECTIVE SUBS CRIBER WILL 15
BE AUTOMATICALLY ENR OLLED IN THE AUTOMAT IC ENROLLMENT PROJEC T; 16
(III) AN EXPLANATION OF TH E CONSOLIDATED BILLI NG 17
PROCEDURES OF THE AU TOMATIC ENROLLMENT P ROJECT; 18
(IV) DETAILED INSTRUCTION S ON HOW TO SUBMIT A N OPT–OUT 19
REQUEST; AND 20
(V) A CONTACT NAME , PHONE NUMBER , AND E–MAIL ADDRESS 21
FOR SUBSCRIBER INQUI RIES AND COM PLAINTS. 22
(8) AN ELECTRIC COMPANY S HALL FACILITATE THE ESTABLISHMENT 23
OF AN AUTOMATIC ENRO LLMENT PROJECT FOR W HICH A LOCAL GOVERNM ENT HAS 24
SUBMITTED THE INFORM ATION REQUIRED UNDER PARAGRAPH (1) OF THIS 25
SUBSECTION BY : 26
(I) PROVIDING ACCESS TO : 27
1. THE HISTORIC BILLING USAGE OF CUSTOMERS T HAT 28
MAY BE AUTOMATICALLY ENROLLED IN THE AUTO MATIC ENROLLMENT PRO JECT; 29
34 SENATE BILL 931
2. POINT–OF–SERVICE DELIVERY FOR CUSTOMERS 1
THAT MAY BE AUTOMATI CALLY ENROLLED IN TH E AUTOMATIC ENROLLME NT 2
PROJECT; 3
3. PARTICIPATION IN ENERGY ASSISTANCE PR OGRAMS; 4
4. SUBSCRIPTIONS TO COM MUNITY SOLAR ENERGY 5
GENERATING SYSTEMS ; 6
5. ACCOUNT NUMBERS FOR CUSTOMERS THAT MAY B E 7
AUTOMATICALLY ENROLL ED IN THE AUTOMATIC ENROLLMENT PROJECT , IF 8
APPLICABLE; AND 9
6. ANY OTHER REASONABLE INFORMATION REQUIRED 10
BY THE LOCAL GOVERNM ENT OF ITS DESIGNEE TO ENROLL CUSTOMERS IN AN 11
AUTOMATIC ENROLLMENT PROJECT; AND 12
(II) ENROLLING THE CUSTOM ERS IDENTIFIED BY TH E LOCAL 13
GOVERNMENT OR ITS DE SIGNEE AS SUBSCRIBER S TO AN AUTOMATIC EN ROLLMENT 14
PROJECT AT THE SUBSCRIPTION S IZE IDENTIFIED BY TH E LOCAL GOVERNMENT O R 15
ITS DESIGNEE. 16
(9) THE ENROLLMENT AND MA NAGEMENT OF AUTOMATI C 17
ENROLLMENT SUBSCRIBE RS TO AN AUTOMATIC E NROLLMENT PROJECT IS NOT 18
SUBJECT TO COMAR 20.62.05. 19
7–320. 20
(A) THIS SECTION APPLIES ONLY TO RESIDENTIAL ROOFTOP SOLAR 21
ENERGY GENERATING SY STEMS. 22
(B) A SELLER OR LESSOR OF RESIDENTIAL ROOFTOP SOLAR ENERGY 23
GENERATING SYSTEMS S HALL: 24
(1) PROVIDE TO THE BUYER OR LESSEE A 5–YEAR FULL WARRANTY 25
ON THE INSTALLATION AND COMPONENT PARTS OF THE SYSTEM; 26
(2) INCLUDE ANY MANUFACT URER’S WARRANTIES FOR ANY OF THE 27
PRODUCTS OR COMPONEN TS OF THE SYSTEM ; 28
(3) INFORM THE BUYER OR LESSEE OF THE MINIMU M LEVEL OF 29
WEATHER–ADJUSTED ENERGY PROD UCTION THE BUYER OR LESSEE MAY EXPECT 30
FROM THE SYSTEM ; AND 31
SENATE BILL 931 35
(4) CERTIFY, IN WRITING, THAT INSTALLATION OF THE SYSTEM IS 1
COMPLIANT WITH ALL F EDERAL, STATE, AND LOCAL LAWS REGAR DING 2
WORKMANSHIP AND THAT THE SOLAR PANELS , INVERTERS, RACKING SYSTEMS , AND 3
ALL OTHER COMPONENTS MEET THE MINIMUM STA NDARDS FOR PRODUCT D ESIGN. 4
(C) THE COMMISSION AND THE MARYLAND ENERGY ADMINISTRATION 5
MARYLAND DEPARTMENT OF LABOR SHALL: 6
(1) DEVELOP TECHNICAL SAFETY STA NDARDS A SPECIAL SOLAR 7
CONTRACTOR LICENSE FOR THE INSTALLATION AND MAINTENANCE OF 8
RESIDENTIAL ROOFTOP SOLAR ENERGY GENERATING SYSTEMS ; AND 9
(2) ESTABLISH MINIMUM QU ALIFICATIONS FOR IND IVIDUALS 10
INSTALLING AND MAINT AINING RESIDENTIAL R OOFTOP SOLAR ENERGY 11
GENERATING SYSTEMS . 12
(D) A SELLER OR LESSOR WHO VIOLATES THE REQUIRE MENTS OF THIS 13
SECTION SHALL PAY A FINE NOT EXCE EDING $1,000 FOR EACH VIOLATION . 14
Article – State Government 15
9–2017. 16
(A) ON OR BEFORE DECEMBER 1, 2026 2025, TO ASSIST THE STATE IN 17
MEETING ITS SOLAR EN ERGY COMMITMENTS UND ER TITLE 7, SUBTITLE 7 OF THE 18
PUBLIC UTILITIES ARTICLE, THE DEPARTMENT OF NATURAL RESOURCES, IN 19
CONSULTATION WITH TH E MARYLAND ENERGY ADMINISTRATION , THE 20
DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, SHALL 21
UPDATE THE PUBLICLY AVAILABLE SMARTDG+ TOOL TO INCLUDE STATE–OWNED 22
LAND SUITABLE FOR SO LAR ENERGY DEVELOPME NT. 23
(B) ON OR BEFORE DECEMBER 1, 2026, THE DEPARTMENT OF NATURAL 24
RESOURCES, IN CONSULTATION WITH THE MARYLAND ENERGY ADMINISTRATION , 25
THE DEPARTMENT OF TRANSPORTATION , AND THE DEPARTMENT OF PLANNING, 26
SHALL ANALYZE LAND O WNED BY THE STATE TO IDENTIFY LAN D SUITABLE FOR 27
SOLAR ENERGY DEVELOP MENT TO ASSIST THE STATE IN MEETING ITS SOLAR 28
ENERGY COMMITMENTS U NDER TITLE 7, SUBTITLE 7 OF THE PUBLIC UTILITIES 29
ARTICLE. 30
SECTION 2. AND BE IT FURTHER ENACTED, That: 31
(a) The Public Service Commission shall conduct a study to establish a process by 32
which the Commission may establish power purchase agreements, partnerships between 33 36 SENATE BILL 931
electric companies and electricity suppliers, or other procurement models for electricity 1
generation projects. 2
(b) The process established under subsection (a) of this section shall: 3
(1) include a method for determining whether a partnership for a 4
generating station any of the procurement models specified in subsection (a) of this section 5
will contribute to resource adequacy by increasing by 100 megawatts or more the electricity 6
supply in the State that is accredited by PJM Interconnection, LLC; 7
(2) require that a generating station constructed by a partnership under 8
any of the procurement models specified in subsection (a) of this section be connected to the 9
electric distribution system in the State; 10
(3) require that the an electricity supplier in a partnership with an electric 11
company construct the generating station; 12
(4) require that the an electricity supplier and electric company in a 13
partnership using a procurement model specified in subsection (a) of this section jointly 14
seek and receive a positive credit rating assessment from a credit rating agency; 15
(5) require that the Public Service Commission expedite all proceedings for 16
the review and approval of a certificate of public convenience and necessity for a generating 17
station proposed by a partnership under any of the procurement models specified in 18
subsection (a) of this section and prioritize these proceedings, if necessary, over other 19
matters; 20
(6) require that the Public Service Commission take final action on a 21
certificate of public convenience and necessity for a generating station proposed by a 22
partnership under any of the procurement models specified in subsection (a) of this section 23
not later than 180 days after the Public Service Commission determines that the generating 24
station qualifies as a partnership to procurement model will provide resource adequacy; 25
(7) require a State agency or other person to submit any filing to intervene 26
in an application for a certificate of public convenience and necessity for a generating 27
station proposed by a partnership under any of the procurement models specified in 28
subsection (a) of this section no later than 90 days after the Public Service Commission 29
determines that the proposed generating station qualifies as a partnership to procurement 30
model will provide resource adequacy; 31
(8) require the Public Service Commission, the Department of the 32
Environment, the Department of Natural Resources, and any other impacted State agency 33
to expedite any regulatory requirements or decisions; 34
(9) require an electric company to expedite any processes needed to connect 35
a generating station proposed by a partnership under any of the procurement models 36
specified in subsection (a) of this section to the electric transmission system; and 37 SENATE BILL 931 37
(10) identify the potential rate impact and prioritize potential partnerships 1
procurement models specified in subsection (a) of this section that have little or no impact 2
on customer rates. 3
(c) On or before December 1, 2026, the Public Service Commission shall report to 4
the Governor and, in accordance with § 2–1257 of the State Government Article, the 5
General Assembly on the results of the study. 6
SECTION 3. AND BE IT FURTHER ENACTED, That a presently existing obligation 7
or contract right may not be impaired in any way by this Act. 8
SECTION 4. AND BE IT FURTHER ENACTED, That: 9
(a) The Public Service Commission shall conduct a study on the feasibility of and 10
technical barriers to establishing within the Commission a community solar automatic 11
enrollment program for local jurisdictions. 12
(b) In conducting the study under subsection (a) of this section, the Commission 13
shall consider: 14
(1) how low–to–moderate income subscribers would be subscribed under the 15
program; 16
(2) whether subscribers automatically enrolled in the program should 17
receive a bill credit; 18
(3) how to ensure that local jurisdictions comply with all parameters of the 19
program; and 20
(4) any necessary notification requirements and consumer protections that 21
the program should have. 22
(c) On or before July 1, 2026, the Public Service Commission shall report to the 23
Governor and, in accordance with § 2–1257 of the State Government Article, the General 24
Assembly on the results of the study. 25
SECTION 5. AND BE IT FURTHER ENACTED, That Section 1 of this Act may not 26
be applied or interpreted to have any effect on or application to the construction or 27
modification of a solar energy generating system that was submitted for a certificate of public 28
convenience and necessity from the Public Service Commission or a required permit from a 29
local government before July 1, 2025. 30
SECTION 6. AND BE IT FURTHER ENACTED, That the meeting and notification 31
requirements that a proposed solar energy generating system must satisfy under Section 1 32
of this Act shall be deemed to be satisfied for a proposed solar energy generating system 33
whose owner, operator, or other person responsible for the system has, on or before June 30, 34 38 SENATE BILL 931
2025, and in accordance with an existing entitlement process, sent notifications to or held 1
meetings in the overburdened community or underserved community in which the system is 2
proposed to be located. 3
SECTION 7. AND BE IT FURTHER ENACTED, That provisions relating to § 4
7–207.4 of the Public Utilities Article in Section 1 of this Act may not be applied or 5
interpreted to have any effect on or application to the construction or modification of any 6
solar energy generating system for which a certificate of public convenience and necessity or 7
other required approval was obtained before the effective date of the regulations adopted by 8
the Public Service Commission under § 7–207.4(c) of the Public Utilities Article, as enacted 9
by Section 1 of this Act. 10
SECTION 4. 8. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October July 1, 2025. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.