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§ 3-303.1. Pollinator-friendly designation for solar generation facilities

West's Annotated Code of MarylandNatural ResourcesEffective: June 1, 2017

West's Annotated Code of Maryland
Natural Resources
Title 3. Environmental Programs (Refs & Annos)
Subtitle 3. Power Plant Research Program (Refs & Annos)
Effective: June 1, 2017
MD Code, Natural Resources, § 3-303.1
§ 3-303.1. Pollinator-friendly designation for solar generation facilities
In general
(a) The Department, in consultation with the Department of Agriculture, shall designate a solar generation facility as pollinator-friendly if the solar generation facility meets the requirements of this section.
Solar Site Pollinator Habitat Planning and Assessment scorecard
(b) The Department shall adopt a Solar Site Pollinator Habitat Planning and Assessment scorecard that:
(1) Has been recommended by the University of Maryland bee lab;
(2) May be updated or amended only once every 2 years; and
(3) Applies only to solar generation facilities.
Criteria for designation
(c)(1) A solar generation facility may be designated as pollinator-friendly only by the Department.
(2) A solar generation facility may be designated by the Department as pollinator-friendly if:
(i) The solar generation facility:
1. Is ground-mounted;
2. Is at least 1 acre in size; and
3. Meets or exceeds the minimum score identified in the Solar Site Pollinator Habitat Planning and Assessment scorecard; and
(ii) The land on which the solar generation facility is located is planted and managed in accordance with a pollinator-friendly vegetation management standard or pollinator habitat plan evaluated under § 3-303(b)(9) of this subtitle by the power plant research program.
Designation required for claims of pollinator-friendly
(d) The owner of a solar generation facility may not claim that the facility is pollinator-friendly or that the facility provides benefits to pollinators, song birds, or game birds unless the facility has been designated as pollinator-friendly by the Department in accordance with this section.
Maintenance of pollinator vegetation
(e) The owner of a pollinator-friendly solar generation facility shall provide appropriate maintenance of the pollinator vegetation.
Sharing of vegetation management standard or pollinator habitat plan
(f) The owner of a pollinator-friendly solar generation facility shall make the facility's pollinator-friendly vegetation management standard or pollinator habitat plan evaluated under § 3-303(b)(9) of this subtitle by the power plant research program available to the Maryland, DC, and Virginia Solar Energy Industries Association or other nonprofit solar industry trade associations.
Restrictions on farming practices on adjacent land
(g) Nothing in this section restricts any farming practices on any land adjacent to the land on which a solar generation facility is located.
Fee
(h) The Department may charge the owner of a solar generation facility a reasonable fee to cover costs associated with designating the solar generation facility as pollinator-friendly.
Regulations
(i) The Department shall adopt regulations to carry out this section.

Credits

Added by Acts 2017, c. 372, § 1, eff. June 1, 2017.
MD Code, Natural Resources, § 3-303.1, MD NAT RES § 3-303.1
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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