§ 7-207. Certificate of public convenience and necessity required before construction of genera...
West's Annotated Code of MarylandPublic UtilitiesEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Public Utilities, § 7-207
Formerly cited as MD PUBLIC UTIL COMP § 7-207
§ 7-207. Certificate of public convenience and necessity required before construction of generation station or qualified generator lead line
2. the entry into a binding agreement or contractual obligation to purchase equipment exclusively for use in construction in the State or to undertake a program of actual construction in the State which cannot be canceled or modified without substantial loss to the owner or operator of the proposed generating station.
(6) “Qualified generator lead line” means an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts and would allow an out-of-state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in Maryland that is owned by an electric company.
Certificate of public convenience and necessity required before construction of generation station or qualified generator lead line
(b)(1)(i) Unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction in the State of:
1. at least 90 days before the filing of an application for a certificate of public convenience and necessity, the person had in good faith offered the electric company that owns that portion of the electric grid in Maryland to which the qualified generator lead line would interconnect a full and fair opportunity for the electric company to construct the qualified generator lead line; and
(2) Unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, and the Commission has found that the capacity is necessary to ensure a sufficient supply of electricity to customers in the State, a person may not exercise a right of condemnation in connection with the construction of a generating station.
(3)(i) Except as provided in paragraph (4) of this subsection, unless a certificate of public convenience and necessity for the construction is first obtained from the Commission, a person may not begin construction of an overhead transmission line that is designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation with the construction.
(iii) Notwithstanding subparagraph (i) of this paragraph and subject to subparagraph (iv) of this paragraph, the Commission may issue a certificate of public convenience and necessity for the construction of an overhead transmission line only if the applicant for the certificate of public convenience and necessity:
2. On issuance of a certificate of public convenience and necessity for the construction of an overhead transmission line, a person may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property or right necessary for the construction or maintenance of the transmission line.
(4)(i) Except as provided in subparagraph (ii) of this paragraph, for construction related to an existing overhead transmission line designed to carry a voltage in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate of public convenience and necessity if the Commission finds that the construction does not:
(c)(1) On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice immediately or require the applicant to provide notice immediately of the application to:
(d)(1)(i) The Commission shall provide an opportunity for public comment and hold a public hearing on the application for a certificate of public convenience and necessity in each county and municipal corporation in which any portion of the construction of a generating station, an overhead transmission line designed to carry a voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located.
(2) The Commission shall hold the public hearing jointly with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located, unless the governing body declines to participate in the hearing.
(ii) Before a public hearing, the Commission shall coordinate with the governing body of the county or municipal corporation in which any portion of the construction of the generating station, overhead transmission line, or qualified generator lead line is proposed to be located to identify additional options for providing, in an efficient and cost-effective manner, notice of the public hearing through other types of media that are familiar to the residents of the county or municipal corporation.
(e) The Commission shall take final action on an application for a certificate of public convenience and necessity only after due consideration of:
(iii) the impact of the generating station on the quantity of annual and long-term statewide greenhouse gas emissions, measured in the manner specified in § 2-1202 of the Environment Article and based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change; and
(f) For the construction of an overhead transmission line, in addition to the considerations listed in subsection (e) of this section, the Commission shall:
(g)(1) The Commission may not authorize, and a person may not undertake, the construction of an overhead transmission line that is aligned with and within 1 mile of either end of a public airport runway, unless:
(h)(1) A county or municipal corporation has the authority to approve or deny any local permit required under a certificate of public convenience and necessity issued under this section.
(3) A county or municipal corporation may not condition the approval of a local permit required under a certificate of public convenience and necessity issued under this section on receipt of any of the following approvals for any aspect of a generating station, an overhead transmission line, or a qualified lead line proposed to be constructed under the certificate:
Credits
Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998. Amended by Acts 1998, c. 653, § 1, eff. Oct. 1, 1998; Acts 1999, c. 3, § 1, eff. July 1, 1999; Acts 1999, c. 4, § 1, eff. July 1, 1999; Acts 2000, c. 209, § 2, eff. July 1, 2000; Acts 2001, c. 655, § 1, eff. Oct. 1, 2001; Acts 2005, c. 110, § 1, eff. Oct. 1, 2005; Acts 2006, c. 630, § 1, eff. June 1, 2006; Acts 2007, c. 163, § 1, eff. July 1, 2007; Acts 2011, c. 83, § 1, eff. April 12, 2011; Acts 2011, c. 84, § 1, eff. April 12, 2011; Acts 2012, c. 643, § 1, eff. June 1, 2012; Acts 2012, c. 644, § 1, eff. June 1, 2012; Acts 2013, c. 500, § 1, eff. Oct. 1, 2013; Acts 2013, c. 501, § 1, eff. Oct. 1, 2013; Acts 2015, c. 174, § 1, eff. Oct. 1, 2015; Acts 2016, c. 464, § 1, eff. Oct. 1, 2016; Acts 2017, c. 392, § 1, eff. Oct. 1, 2017; Acts 2017, c. 840, § 1, eff. Oct. 1, 2017; Acts 2018, c. 282, § 1, eff. Oct. 1, 2018; Acts 2018, c. 283, § 1, eff. Oct. 1, 2018; Acts 2018, c. 773, § 1, eff. June 1, 2018; Acts 2019, c. 7, § 1, eff. March 27, 2019; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2021, c. 267, § 1, eff. May 18, 2021; Acts 2021, c. 268, § 1, eff. May 18, 2021; Acts 2021, c. 614, § 1, eff. Oct. 1, 2021; Acts 2021, c. 615, § 1, eff. Oct. 1, 2021; Acts 2023, c. 460, § 1, eff. Oct. 1, 2023; Acts 2023, c. 515, § 1, eff. Oct. 1, 2023.
Formerly Art. 78, § 54A.
MD Code, Public Utilities, § 7-207, MD PUBLIC UTIL § 7-207
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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