EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 952
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By: Senators West, Lewis Young, Ready, Hettleman, Brooks, and Watson
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Certificate of Public Convenience and Necessity – Overhead Transmission Lines 2
– Grid Enhancing Technologies 3
FOR the purpose of adding grid enhancing technologies to the list of requirements the 4
Public Service Commission must consider before taking final action on an application 5
for a certificate of public convenience and necessity for the construction of an 6
overhead transmission line; and generally relating to certificates of public 7
convenience and necessity for the construction of overhead transmission lines. 8
BY repealing and reenacting, with amendments, 9
Article – Public Utilities 10
Section 7–207(a) and (f) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Public Utilities 16
7–207. 17
(a) (1) In this section the following words have the meanings indicated. 18
(2) “Brownfields site” means: 19
(i) a former industrial or commercial site identified by federal or 20
State laws or regulation as contaminated or polluted; 21
(ii) a closed landfill regulated by the Department of the 22
Environment; or 23 2 SENATE BILL 952
(iii) mined land. 1
(3) (i) “Construction” means: 2
1. any physical change at a site, including fabrication, 3
erection, installation, or demolition; or 4
2. the entry into a binding agreement or contractual 5
obligation to purchase equipment exclusively for use in construction in the State or to 6
undertake a program of actual construction in the State which cannot be canceled or 7
modified without substantial loss to the owner or operator of the proposed generating 8
station. 9
(ii) “Construction” does not include a change that is needed for the 10
temporary use of a site or route for nonutility purposes or for use in securing geological 11
data, including any boring that is necessary to ascertain foundation conditions. 12
(4) “Generating station” does not include: 13
(i) a generating unit or facility that: 14
1. is used for the production of electricity; 15
2. has the capacity to produce not more than 2 megawatts of 16
alternating current; and 17
3. is installed with equipment that prevents the flow of 18
electricity to the electric grid during time periods when the electric grid is out of service; 19
(ii) a combination of two or more generating units or facilities that: 20
1. are used for the production of electricity from a solar 21
photovoltaic system or an eligible customer–generator that is subject to the provisions of § 22
7–306 of this title; 23
2. are located on the same property or adjacent properties; 24
3. have the capacity to produce, when calculated 25
cumulatively for all generating units or facilities on the property or adjacent property, more 26
than 2 megawatts but not more than 14 megawatts of alternating current; and 27
4. for each individual generating unit or facility: 28
A. has the capacity to produce not more than 2 megawatts of 29
alternating current; 30
SENATE BILL 952 3
B. is separately metered by the electric company; and 1
C. does not export electricity for sale on the wholesale market 2
under an agreement with PJM Interconnection, LLC; 3
(iii) a generating unit or facility that: 4
1. is used for the production of electricity for the purpose of: 5
A. onsite emergency backup at a facility when service from 6
the electric company is interrupted due to electric distribution or transmission system 7
failure or when there is equipment failure at a site where critical infrastructure is located; 8
and 9
B. test and maintenance operations necessary to ensure 10
functionality of the generating unit or facility in the event of a service interruption from 11
the electric company due to electric distribution or transmission system failure or when 12
there is equipment failure at a site where critical infrastructure is located; 13
2. is installed with equipment that prevents the flow of 14
electricity to the electric grid; 15
3. is subject to a permit to construct issued by the 16
Department of the Environment; and 17
4. is installed at a facility that is part of critical 18
infrastructure if the facility complies with all applicable regulations regarding noise level 19
and testing hours; or 20
(iv) a combination of two or more generating units or facilities that 21
satisfy item (iii) of this paragraph. 22
(5) (I) “GRID ENHANCING TECHNO LOGIES” MEANS 23
INFRASTRUCTURE , HARDWARE , OR SOFTWARE THAT INC REASES THE CAPACITY , 24
EFFICIENCY, RELIABILITY, OR RESILIENCE OF A N EW OR EXISTING TR ANSMISSION 25
LINE. 26
(II) “GRID ENHANCING TECHNO LOGIES” INCLUDES: 27
1. HIGH–PERFORMANCE CONDUCTO RS; AND 28
2. STORAGE USED AS TRAN SMISSION. 29
(6) (i) “Mined land” means the surface or subsurface of an area in which 30
surface mining operations will be, are being, or have been conducted. 31
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(ii) “Mined land” includes: 1
1. private ways and roads used for mining appurtenant to 2
any surface mining area; 3
2. land excavations; 4
3. workings; and 5
4. overburden. 6
[(6)] (7) “Qualified generator lead line” means an overhead transmission 7
line that is designed to carry a voltage in excess of 69,000 volts and would allow an 8
out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric 9
system in Maryland that is owned by an electric company. 10
(f) For the construction of an overhead transmission line, in addition to the 11
considerations listed in subsection (e) of this section, the Commission shall: 12
(1) take final action on an application for a certificate of public convenience 13
and necessity only after due consideration of: 14
(i) the need to meet existing and future demand for electric service; 15
[and] 16
(ii) for construction related to a new overhead transmission line, the 17
alternative routes that the applicant considered, including the estimated capital and 18
operating costs of each alternative route and a statement of the reason why the alternative 19
route was rejected; AND 20
(III) THE USE OF GRID ENHAN CING TECHNOLOGIES AS AN 21
ALTERNATIVE TO CONSTRUCTION OF THE TRANSMISSION LINE ; 22
(2) require as an ongoing condition of the certificate of public convenience 23
and necessity that an applicant comply with: 24
(i) all relevant agreements with PJM Interconnection, L.L.C., or its 25
successors, related to the ongoing operation and maintenance of the overhead transmission 26
line; and 27
(ii) all obligations imposed by the North America Electric Reliability 28
Council and the Federal Energy Regulatory Commission related to the ongoing operation 29
and maintenance of the overhead transmission line; and 30
(3) require the applicant to identify whether the overhead transmission 31
line is proposed to be constructed on: 32 SENATE BILL 952 5
(i) an existing brownfields site; 1
(ii) property that is subject to an existing easement; or 2
(iii) a site where a tower structure or components of a tower structure 3
used to support an overhead transmission line exist. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2025. 6