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§ 3-306. Applications for certificate of public convenience and necessity; independent environm...

West's Annotated Code of MarylandNatural ResourcesEffective: January 5, 2022

West's Annotated Code of Maryland
Natural Resources
Title 3. Environmental Programs (Refs & Annos)
Subtitle 3. Power Plant Research Program (Refs & Annos)
Effective: January 5, 2022
MD Code, Natural Resources, § 3-306
§ 3-306. Applications for certificate of public convenience and necessity; independent environmental and socioeconomic project assessment reports and additional studies; results and recommendations
Department of Natural Resources, Department of the Environment
(a)(1) Notwithstanding anything to the contrary in this article or the Public Utilities Article, on application to the Public Service Commission for a certificate of public convenience and necessity associated with power plant construction, the Commission shall notify immediately the Department of Natural Resources and the Department of the Environment of the application.
(2) The Commission shall supply the Department of Natural Resources and the Department of the Environment with any pertinent information available regarding the application.
(3) The Department of the Environment shall treat the application for a certificate of public convenience and necessity as an application for:
(i) Appropriation or use of waters of the State under Title 5 of the Environment Article; and
(ii) A license for dredging and filling under Title 16 of the Environment Article.
Independent environmental and socioeconomic project assessment reports; additional required studies and investigations
(b)(1) Subject to paragraph (3) of this subsection, within 6 months after the Commission deems an application complete:
(i) The Secretary shall require the Department of Natural Resources to complete an independent environmental and socioeconomic project assessment report and any additional required study and investigation concerning the application; and
(ii) The Secretary of the Environment shall require the Department of the Environment to study and investigate the necessity for dredging and filling at the proposed plant site and water appropriation or use.
(2)(i) In accordance with the Commission's procedural schedule for an application and subject to paragraph (3) of this subsection, within 6 months after the Commission deems an application complete, the Secretary and the Secretary of the Environment jointly shall submit to the Commission:
1. The results of the studies, investigations, and reports required under paragraph (1) of this subsection;
2. A recommendation that the certificate should be granted or denied and the factual basis for the recommendation; and
3. Subject to subparagraph (ii) of this paragraph, recommended licensing conditions for the construction, operation, or decommissioning of the proposed facility.
(ii) 1. A licensing condition submitted under subparagraph (i) of this paragraph that relates to wetlands, stormwater management, or erosion and sediment control must be consistent with the wetland, stormwater management, and erosion and sediment control requirements in the Environment Article.
2. A licensing condition submitted under subparagraph (i) of this paragraph that relates to wetlands, stormwater management, or erosion and sediment control may not exceed the authority of the Department of the Environment.
(3) The Commission may waive a deadline under this section:
(i) For good cause; or
(ii) On agreement of the parties to the proceeding.
Public inspection of results and recommendations
(c) The submissions made to the Commission under subsection (b)(2) of this section shall be:
(1) Open for public inspection; and
(2) Presented jointly by the Secretary and the Secretary of the Environment, or their designees, at the hearing held by the Commission in accordance with Title 7, Subtitle 2 of the Public Utilities Article.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1, eff. Jan. 1, 1974. Amended by Acts 1995, c. 488, § 8, eff. July 1, 1995; Acts 2010, c. 52, § 1, eff. Oct. 1, 2010; Acts 2021, 1st Sp. Sess., c. 14, § 1, eff. Jan. 5, 2022; Acts 2021, 1st Sp. Sess., c. 26, § 1, eff. Jan. 5, 2022.
Formerly Art. 66C, § 5A.
MD Code, Natural Resources, § 3-306, MD NAT RES § 3-306
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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