Title 3. Environmental Programs — Subtitle 3. Power Plant Research Program
Statutes in effect as of October 1, 2026.
Md. Code Ann., Nat. Res. § 3-301 (2026)
Title 3. Environmental Programs
Subtitle 3. Power Plant Research Program
§ 3–301LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Fund” means Environmental Trust Fund.
(c)
“Generator lead route” and “route” means a transmission line from a generation site to the first substation or substations connecting the line to the grid.
(d)
“Program” means a continuing research program for electric power plant site evaluation and related environmental land use considerations.
(e)
“Secretary” means Secretary of Natural Resources.
Md. Code Ann., Nat. Res. § 3-302 (2026)
Title 3. Environmental Programs
Subtitle 3. Power Plant Research Program
§ 3–302LinkCopy Citation
(a)
(1)
There is an Environmental Trust Fund.
(2)
(i)
For the purpose of this subtitle, there is established as an added cost of electricity distributed to retail electric customers within the State, an environmental surcharge per kilowatt hour of electric energy distributed in the State to be paid by any electric company as defined in § 1–101 of the Public Utilities Article.
(ii)
The Public Service Commission shall impose the surcharge per kilowatt hour of electric energy distributed to retail electric customers within the State and shall authorize the electric companies to add the full amount of the surcharge to retail electric customers’ bills.
(iii)
To the extent that the surcharge is not collected from retail electric customers, the surcharge shall be deemed a cost of distribution and shall be allowed and computed as such, together with other allowable expenses, for rate–making purposes.
(iv)
Revenues from the surcharge shall be collected by the Comptroller and placed in the Fund.
(b)
(1)
(i)
The Secretary, in consultation with the Director of the Maryland Energy Administration, annually shall coordinate the preparation of a budget required to carry out the provisions of this subtitle.
(ii)
On approval of the budget by the General Assembly, the Public Service Commission shall establish the amount of the surcharge per kilowatt hour for the fiscal year beginning July 1, 1972, and for each subsequent fiscal year.
(2)
Notwithstanding any other provisions of this subtitle, the amount of the surcharge for each account for each retail electric customer may not exceed the lesser of 0.15 mill per kilowatt hour or $1,000 per month and the surcharge may not continue beyond fiscal year 2030.
(3)
(i)
The Comptroller shall maintain the method of collection of the surcharge from the companies and the collections shall accrue to the Fund.
(ii)
The Department shall credit against the amount required to be paid into the Environmental Trust Fund by each electric company an amount equal to 0.75% of the total surcharge attributed to each company on the basis of the electricity distributed within Maryland.
(c)
(1)
(i)
The Secretary shall administer the Fund.
(ii)
The Fund is subject to the provisions for financial management and budgeting established by the Department of Budget and Management.
(iii)
Any investment earnings of the Fund shall be credited to the General Fund of the State.
(iv)
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(v)
Except as provided in paragraph (2) of this subsection, the money in the Fund shall be used to carry out the provisions of this subtitle as provided for in the budget.
(vi)
For the purposes of this subtitle, the Secretary, in consultation with the Director of the Maryland Energy Administration, may execute appropriate contracts with any State or federal agency, research organization, industry, or academic institution to conduct the necessary research, construct or acquire, or both, real property including physical predictive models, laboratories, buildings, land, and appurtenances, or support the technological development of extraordinary systems related to power plants designed to minimize environmental impact.
(vii)
The Secretary may utilize available expertise in any other State unit in the development, execution, and management of contracts and agreements on projects relating to their areas of prime responsibility.
(2)
Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.
(d)
The Chesapeake Bay Trust shall receive $375,000 from the Fund each fiscal year for the purpose of funding energy conservation projects through the Thomas V. Mike Miller, Jr., Chesapeake Conservation and Climate Corps Program, as provided under §§ 8–1913 through 8–1924 of this article.
(e)
The Legislative Auditor may conduct post audits of a fiscal and compliance nature of the Fund and of the appropriations and expenditures made for the purposes of this subtitle. The cost of the fiscal portion of the post audit examinations shall be an operating cost of the Fund.
Md. Code Ann., Nat. Res. § 3-303 (2026)
Title 3. Environmental Programs
Subtitle 3. Power Plant Research Program
§ 3–303LinkCopy Citation
(a)
(1)
The Secretary, in consultation with the Director of the Maryland Energy Administration and in cooperation with the Secretaries of the Environment, Agriculture, Commerce, and Planning and electric company representatives shall implement a continuing research program for electric power plant site evaluation, related environmental and land use considerations, and the evaluation of the impact of electric power plants on climate change.
(2)
(i)
The Secretary shall seek from additional sources recommendations for related research to be included in the program.
(ii)
The additional sources shall include appropriate federal and State agencies, electric companies and technical, scientific, or educational institutions or organizations.
(3)
(i)
The Secretary, in consultation with the Director of the Maryland Energy Administration, shall institute effective procedures for coordinating environmental research assignments to prevent dissipation of money, time, and effort.
(ii)
To this end, the State’s electric companies shall be reimbursed from the Fund for environmental research specifically required to satisfy application and permit requirements for any federal, State, or local regulatory agencies, if the electric company has requested reimbursement in advance and furnishes an outline of the program and its estimated cost so that the Secretary can budget it in advance.
(b)
The program shall include:
(1)
General biological and ecological baseline studies, including, but not limited to, appropriate environmental studies of the biology, physics, and chemistry of the Chesapeake Bay and tributaries; sediment and biological surveys to determine and identify essential marine organism nursery areas of the State’s waters, including the Chesapeake Bay and tributaries; epibenthos; bottom species; crab; finfish and human use studies;
(2)
Research to assist prediction, including but not limited to experimental research, field and laboratory, and the development and provision for physical, mathematical, and biological modeling tools to assist in determining and evaluating the effects of variation of natural waters resulting from electric generating plant operations including changes in temperature, oxygen levels, salinity, biocides, radionuclides, and “heavy” metals. This research also includes collection and organization of relevant information and data necessary to operate physical, mathematical, and biological modeling tools;
(3)
Provisions for monitoring operations of electric power facilities located in the State. These provisions include but are not limited to a determination of actual distribution and effect of temperature, salinity, oxygen, radionuclides, “heavy” metals, and biological effects; radiological; “heavy” metals and biocide effects; recreational and commercial fishing gains and losses; and human health and welfare effects;
(4)
Research and investigations relating to effects on air resources of electric power plants and effects of air pollutants from power plants on public health and welfare, vegetation, animals, materials, and esthetic values, including baseline studies, predictive modeling, and monitoring of the air mass at sites of proposed or operating electric generating stations, evaluation of new or improved methods for minimizing air pollution from power plants and other matters pertaining to the effect of power plants on the air environment;
(5)
An environmental evaluation of electric power plant sites proposed for future development and expansion and their relationship to the waters and air of the State;
(6)
An evaluation of the environmental effects of new electric power generation technologies and extraordinary systems related to power plants designed to minimize environmental effects;
(7)
Determining the potential for constructive uses of waste energy to be released at proposed electric plant sites;
(8)
Analysis of the socioeconomic impact of electric power generation facilities on the land uses of the State;
(9)
An evaluation of the pollinator benefits that would occur under a pollinator–friendly vegetation management standard or pollinator habitat plan implemented on land:
(i)
On which a proposed or an existing ground–mounted solar generation facility is located; and
(ii)
That does not include land that is adjacent to the land on which the solar generation facility is located; and
(10)
An evaluation of:
(i)
The greenhouse gas emissions and climate effects of different electric power generation technologies based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change; and
(ii)
Whether the greenhouse gas emissions and climate effects of electric power generation technologies are consistent with the State’s climate commitments for reducing statewide greenhouse gas emissions, including those specified in Title 2, Subtitle 12 of the Environment Article.
Md. Code Ann., Nat. Res. § 3-303.1 (2026)
Title 3. Environmental Programs
Subtitle 3. Power Plant Research Program
§ 3–303.1LinkCopy Citation
(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.
(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.
(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.
(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.
(e)
The owner of a pollinator–friendly solar generation facility shall provide appropriate maintenance of the pollinator vegetation.
(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.
(g)
Nothing in this section restricts any farming practices on any land adjacent to the land on which a solar generation facility is located.
(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.
(i)
The Department shall adopt regulations to carry out this section.
Md. Code Ann., Nat. Res. § 3-304 (2026)
Title 3. Environmental Programs
Subtitle 3. Power Plant Research Program
§ 3–304LinkCopy Citation
In cooperation with the Public Service Commission, the Maryland Energy Administration, and the Secretary of the Environment, the Secretary shall implement a long–range environmental evaluation of power plant building sites projected for at least 10 years. To facilitate providing adequate electric power on reasonable schedules at reasonable costs with the least possible depreciation of the quality of Maryland’s environment, the following responsibilities and procedures are set forth:
(1)
The Public Service Commission shall assemble and evaluate annually the long–range plans of Maryland’s public electric companies regarding generating needs and means for meeting those needs. Beginning January 1, 1972, the Chairman of the Public Service Commission shall forward annually to the Secretary a ten–year plan of possible and proposed sites, including associated transmission routes, for the construction of new electric power plants within the State and extensions of existing plants.
(2)
Upon receipt of a ten–year plan from the Public Service Commission, the Secretary with the advice of the Secretary of the Environment and the Director of the Maryland Energy Administration and in accordance with paragraph (1) of this section and § 7–201 of the Public Utilities Article, shall prepare and submit, within 180 days a preliminary environmental statement on each possible and proposed site, including associated transmission routes. The statement, on the basis of the environmental research program, shall include but not be limited to the following considerations:
(i)
The environmental impact at the proposed site;
(ii)
Any adverse environmental effects which cannot be avoided if the proposed site is accepted;
(iii)
Possible alternatives to the proposed site;
(iv)
Any irreversible and irretrievable commitments of resources which would be involved at the proposed site if it is approved;
(v)
Where appropriate, a discussion of problems and objections raised by other State and federal agencies and local entities;
(vi)
A plan for monitoring environmental effects of the proposed action and provision for remedial actions if the monitoring reveals unanticipated environmental effects of significant adverse consequences; and
(vii)
The ability to adequately provide emergency response plans to residents if a nuclear power plant is considered for location at a site.
The Secretary shall state to the Public Service Commission which possible and proposed sites, based on preliminary environmental statement, justify an unsuitable classification. Unless the electric company whose proposed site is involved offers the Secretary substantial evidence to the contrary, the site shall be deleted from the plan. The site may be included in a subsequent ten–year plan.
(3)
The Secretary with the advice of the Director of the Maryland Energy Administration and the Secretary of the Environment shall initiate a detailed investigation of any site proposed in the ten–year plan which appears desirable or acceptable on the basis of preliminary environmental statements. With respect to any site in the plan on which authorized construction has not commenced by July 1, 1974, at least two years before construction is estimated to begin and if the preponderance of newly offered scientific evidence does not justify a revised classification as unsuitable, the Secretary shall publish a detailed environmental statement on the site. The statement shall consider and include information developed in the program outlined in § 3–303 of this subtitle.
(4)
The Secretary, with the advice of the Director of the Maryland Energy Administration, the Secretary of the Environment and the Secretary of Planning, shall publish on a biennial basis, commencing July 1, 1972, a cumulative environmental impact report on all electric power plants operating in the State. The report shall include a section specifying the changes that can occur as additional electric power plants are constructed in accordance with the ten–year plan. It shall include recommendations to the Governor which delineate State environmental policy and objectives. The Secretary of Planning and the Director of the Maryland Energy Administration shall jointly include a section devoted exclusively to the question of growth and the specific growth related factors which necessitate specific additional increments of electric energy by development of a site in the ten–year plan. In preparing this section, they shall consider the projected estimates and recommendations of electric company representatives.
Md. Code Ann., Nat. Res. § 3-305 (2026)
Title 3. Environmental Programs
Subtitle 3. Power Plant Research Program
§ 3–305LinkCopy Citation
(a)
The expertise of the electric utilities in the basic requirements, including environmental considerations, of a site for power generation and generator lead route is a needed element in site selection. Therefore, for the purposes of ensuring adequate power on reasonable schedules while also protecting the quality of the State’s environment, site acquisition and generator lead route designation may occur as follows:
(1)
Notwithstanding any other provision of this subtitle, any site either already owned or purchased in the future by electric companies shall be included in the inventory of possible and proposed sites.
(2)
The Secretary, on the advice of the Secretary of Commerce, shall acquire in the name of the State a sufficient number of sites to satisfy the expected requirements as submitted by the Secretary of Planning and the Director of the Maryland Energy Administration, as provided in § 3–304(4) of this subtitle. Site selection shall be based on research findings that show the site is desirable for power plant construction. Following site acquisition, the Secretary and the local governing bodies of the areas through which the potential generator lead routes pass shall designate mutually one or more desirable routes. After designation of a route, each county within which the route is located shall designate the proposed public utility corridor by enactment of an ordinance or by incorporation in its appropriate land use plan. Any investigation to ascertain the suitability of a site for the construction of an electric generating station shall be completed within 2 years of the date the site has been identified. By the end of the 2 year period, the Secretary shall purchase or remove from consideration the site and make public his decision.
(3)
Notwithstanding any other provision of this subtitle, the Secretary may acquire a site for an electric company if the Public Service Commission requests the Secretary to purchase a site under § 7–202 of the Public Utilities Article.
(4)
If the Secretary decides to dispose of any property acquired by condemnation under this subsection, the Board of Public Works may transfer the property to another unit of the Executive Branch of State government in accordance with § 10–304 of the State Government Article.
(5)
If the Secretary decides to dispose of any property acquired by condemnation under this subsection and the property is not transferred in accordance with paragraph (4) of this subsection, the Secretary shall provide the opportunity to purchase the property within 90 days from the date the offer is made:
(i)
To the county where the property is located;
(ii)
If the county rejects the offer, to the original owner of the property; and
(iii)
If the original owner of the property cannot be found or is dead or rejects the offer, to the general public.
(6)
For the purposes of this section, “site” means land which is reasonably necessary for a new site or for the expansion of an existing site owned by a utility. “Site” includes land necessary for such ancillary purposes as disposal of solid wastes produced by an electric generating station operating on the site, transmission or cooling water access, or transportation access.
(b)
If the other requirements of this subtitle have been satisfied, the Secretary may acquire any site by agreement or condemnation under the condemnation law and pay for them from the Fund. Prior to such acquisition, the Secretary shall hold one or more informational meetings and one public hearing in the legislative district where the proposed site or sites are located. The Secretary holds the property in the name of the State and may not permit its temporary use for any purpose which might logically be expected to impede its prompt availability for power plant siting as and when needed. Temporary uses which the Secretary may authorize may include but are not limited to public recreational facilities, including open space areas, parks, forests and beaches, fish and wildlife refuges and other public recreational uses as authorized within this article. The Secretary may not hold, at any one time, more than eight sites, suitable for either single or multiple power plant siting.
(c)
Fifty percent of all revenues the Secretary obtains through temporary use of sites shall be deposited in the Fund. The remaining 50 percent shall be paid to the county in which the site is situated. If the site lies within two or more counties, the 50 percent shall be distributed proportionally according to the area within each county. The Secretary shall pay from the Fund to the county an amount equal to the real estate taxes assessed on the land at the time of acquisition less any funds received by the county for any temporary use of the site.
(d)
An electric company as defined in § 1–101 of the Public Utilities Article may request from the Secretary an appropriate site in his possession under the provisions of this subtitle, and the Secretary shall make the site available. The electric utility may purchase the site. The purchase price shall be the fair market value of the site as determined by a committee of three independent qualified real estate appraisers, one of whom is chosen by the Secretary, one by the electric company making the application, and the third by the two appraisers first selected. Each party compensates its own appraiser and bears one–half the cost of the third appraiser. Receipts from the purchase transactions shall be deposited in the Fund.
(e)
(1)
When property held in the name of the State under this section is not used for the purposes for which it is being held, the Secretary shall provide for the temporary use of the property. In providing for the temporary use of the property, the Secretary shall consider the recommendations of the local governing body of the subdivision in which the property is located.
(2)
(i)
The local governing body of the subdivision in which the property is located shall appoint an advisory committee to recommend temporary uses of the property acquired under this section. The advisory committee shall consider, with the assistance of the Conservation Education Council of Maryland, the possibility of using the property for environmental education.
(ii)
Upon receipt and evaluation of the advisory committee’s recommendations, the local governing body in which the property is located shall submit its recommendations to the Secretary.
(3)
(i)
The Secretary shall provide the local subdivision in which the property is located up to $25,000 for development of an effective program for approved temporary uses of the property, as authorized in the annual budget.
(ii)
The Secretary shall provide the local subdivision in which the property is located up to $10,000 annually for the operation of approved temporary uses, as authorized in the annual budget.
(f)
(1)
For the purposes of performing the duties required under this subtitle, or, upon written request from an electric company setting out the nature, extent, and duration of the work to be done, the Department, its agents, employees, and contractors may enter upon private property to collect data and otherwise conduct environmental and engineering studies related to potential sites for electric generating facilities, potential corridors for rail and pipeline access to electric generating facilities, and potential overhead transmission lines in excess of 69,000 volts. The studies may include the installation of meteorological testing equipment, biological sampling, soil borings, and installation of test wells.
(2)
Entry onto private property as authorized by paragraph (1) of this subsection shall not be undertaken without prior consent of the property owner. If, after real and bona fide effort, the consent of the property owner cannot be secured, the Department may apply to the circuit court where the property or any part of it is located for an order directing that entry be permitted. “Bona fide effort” shall include either 30 days’ advance notice in writing by certified mail, return receipt requested, to the last known address of the property owner or posting notice on the property not less than 30 days in advance, or such other requirements as the court may deem appropriate.
(3)
The Department shall reimburse the landowner or lessee who is farming the property for those agricultural products which are either destroyed or damaged by its agents, employees, or contractors. The Department shall be responsible for any other damages that may be incurred as a result of entry on private property as authorized by this section.
Md. Code Ann., Nat. Res. § 3-306 (2026)
Title 3. Environmental Programs
Subtitle 3. Power Plant Research Program
§ 3–306LinkCopy Citation
(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 in accordance with § 7–207 of the Public Utilities Article, the Commission shall notify immediately the Department 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.
(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.
(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.
Md. Code Ann., Nat. Res. § 3-306.1 (2026)
Title 3. Environmental Programs
Subtitle 3. Power Plant Research Program
§ 3–306.1LinkCopy Citation
In view of the safeguards provided by this subtitle through State units, and to assure the controlling effect of their determinations, any property certified as a suitable site by the Secretary of Natural Resources and placed in inventory as provided in this subtitle or any sites acquired and placed in inventory as provided in this subtitle shall be used and operated for electric generating and associated on-site transmission purposes without regard to any local zoning rule, regulation, law, or ordinance, and this use is not required to be submitted to or approved by any county or municipal zoning board, authority, or unit.
Md. Code Ann., Nat. Res. § 3-307 (2026)
Title 3. Environmental Programs
Subtitle 3. Power Plant Research Program
§ 3–307LinkCopy Citation
Judicial review shall in all instances include the right to appeal to the circuit courts as set forth in Title 3, Subtitle 2 of the Public Utilities Article.