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§ 7-207.2. Approval required to construct generating station

West's Annotated Code of MarylandPublic UtilitiesEffective: October 1, 2023

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 7. Gas, Electric, and Water Companies (Refs & Annos)
Subtitle 2. Electric Generation Facility Planning (Refs & Annos)
Effective: October 1, 2023
MD Code, Public Utilities, § 7-207.2
§ 7-207.2. Approval required to construct generating station
Exclusions from definition of generating station
(a) In this section, “generating station” does not include:
(1) a generating unit or facility that:
(i) is used for the production of electricity;
(ii) has the capacity to produce not more than 2 megawatts of alternating current; and
(iii) is installed with equipment that prevents the flow of electricity to the electric grid during time periods when the electric grid is out of service; or
(2) a combination of two or more generating units or facilities that:
(i) are used for the production of electricity from a solar photovoltaic system or an eligible customer-generator that is subject to the provisions of § 7-306 of this title;
(ii) are located on the same property or adjacent properties;
(iii) have the capacity to produce, when calculated cumulatively for all generating units or facilities on the property or adjacent property, more than 2 megawatts but not more than 14 megawatts of alternating current; and
(iv) for each individual generating unit or facility:
1. has the capacity to produce not more than 2 megawatts of alternating current;
2. is separately metered by the electric company; and
3. does not export electricity for sale on the wholesale market under an agreement with PJM Interconnection, LLC.
Time for filing application and deposits
(b) This section applies to a person who constructs a generating station that:
(1) has the capacity to produce more than 2 megawatts of electricity, as measured by the alternating current rating of the system's inverter, from a solar photovoltaic system; and
(2) is exempted under § 7-207.1 of this subtitle from the requirement to obtain a certificate of public convenience and necessity.
Time for filing application and deposits
(c)(1) A person shall file an application for approval to construct a generating station under § 7-207.1 of this subtitle at least 6 months before construction commences.
(2) The Commission shall require a person who files an application for approval to construct a generating station to pay a deposit of 1% of total installed costs.
Deposits placed in escrow account
(d)(1) The Commission shall place any deposits collected under subsection (c) of this section into an escrow account.
(2) If a person demonstrates to the Commission that the person is fully authorized to commence construction within 18 months after filing an application for approval, the Commission shall refund the deposit, less reasonable administrative costs.
(3)(i) Subject to subparagraph (ii) of this paragraph, if a person does not commence construction within 18 months after filing an application for approval, the money held in the escrow account shall be:
1. deemed to be abandoned; and
2. transferred to the Maryland Strategic Energy Investment Fund under § 9-20B-05 of the State Government Article, less reasonable administrative costs.
(ii) 1. A person may request an extension for a project that does not commence construction within 18 months after the filing of an application for approval.
2. The Commission may grant the request based on factors the Commission considers compelling, including the occurrence of events outside the person's control.

Credits

Added by Acts 2013, c. 572, § 1, eff. Oct. 1, 2013. Amended by Acts 2023, c. 460, § 1, eff. Oct. 1, 2023.
MD Code, Public Utilities, § 7-207.2, MD PUBLIC UTIL § 7-207.2
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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