In this section the following words have the meanings indicated. “Advanced transmission technologies” means: grid–enhancing technologies; high performance conductors; or storage used as a transmission asset. “Brownfields site” means: a former industrial or commercial site identified by federal or State laws or regulation as contaminated or polluted; a closed landfill regulated by the Department of the Environment; or mined land. “Construction” means: any physical change at a site, including fabrication, erection, installation, or demolition; or 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. “Construction” does not include a change that is needed for the temporary use of a site or route for nonutility purposes or for use in securing geological data, including any boring that is necessary to ascertain foundation conditions. “Generating station” does not include: a generating unit or facility that: is used for the production of electricity; has the capacity to produce not more than 2 megawatts of alternating current; and 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; a combination of two or more generating units or facilities that: 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; are located on the same property or adjacent properties; 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 for each individual generating unit or facility: has the capacity to produce not more than 2 megawatts of alternating current; is separately metered by the electric company; and does not export electricity for sale on the wholesale market under an agreement with PJM Interconnection, LLC; a generating unit or facility that: is used for the production of electricity for the purpose of: onsite emergency backup at a facility when service from the electric company is interrupted due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located; and test and maintenance operations necessary to ensure functionality of the generating unit or facility in the event of a service interruption from the electric company due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located; is installed with equipment that prevents the flow of electricity to the electric grid; is subject to a permit to construct issued by the Department of the Environment; and is installed at a facility that is part of critical infrastructure if the facility complies with all applicable regulations regarding noise level and testing hours; or a combination of two or more generating units or facilities that satisfy item (iii) of this paragraph. “Grid–enhancing technology” means hardware or software that increases the capacity, efficiency, or reliability of existing transmission systems. “Grid–enhancing technology” includes: a system that uses real–time or forecasted weather and operating conditions to determine the transfer capacity of transmission systems; technology that modulates circuit impedance or other electrical properties to reroute power flows and relieve congestion; and software that identifies switching configurations to reroute electricity and alleviate transmission constraints. “High performance conductors” means conductors, including advanced steel core conductors, carbon fiber and composite core conductors, and superconductors, that have a direct current electrical resistance that is at least 20% less than traditional ACSR conductors of a similar diameter when used on the electric transmission system at the standard operating temperature of 20 degrees Celsius. “Mined land” means the surface or subsurface of an area in which surface mining operations will be, are being, or have been conducted. “Mined land” includes: private ways and roads used for mining appurtenant to any surface mining area; land excavations; workings; and overburden. “Qualified generator lead line” means a transmission line and any associated advanced transmission technology designed to carry, or support the carrying of, 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. “Storage used as a transmission asset” means an energy storage facility that: is planned, operated, and recovers costs as a transmission facility that provides one or more transmission services, including congestion relief, voltage support, power flow control, or stability under any PJM tariffs and applicable FERC orders; except as authorized for transmission assets, is not dispatched for wholesale energy storage; and is eligible for cost recovery in transmission rates. “Traditional ACSR conductors” means electrical cables used in transmission systems that consist of a central core of steel wires surrounded by strands of aluminum. Except as provided in subparagraph (ii) of this paragraph, 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: a generating station; a qualified generator lead line; or an energy storage device that is part of a proposal approved by the Commission under § 7–1206 of this title. A person is not required to obtain a certificate of public convenience and necessity under this section if the person obtains: Commission approval for construction under § 7–207.1 of this subtitle; or a distributed generation certificate of public convenience and necessity under § 7–207.4 of this subtitle. Notwithstanding subparagraph (i) of this paragraph, a person may not apply to obtain a certificate of public convenience and necessity for construction of a qualified generator lead line unless: 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 at any time at least 10 days before the filing of an application for a certificate of public convenience and necessity, the electric company: did not accept from the person a proposal or a negotiated version of the proposal under which the electric company would construct the qualified generator lead line; or stated in writing that the electric company did not intend to construct the qualified generator lead line. Notwithstanding any other provision of this section, a certificate of public convenience and necessity for the construction of a generating station that is part of a proposal approved by the Commission under § 7–1206 of this title shall be issued in accordance with § 7–207.4 of this subtitle. When a person applies for a certificate of public convenience and necessity for the construction of a generating station under this section, the application shall state whether the proposed generating station or the proposed modification is part of a proposal approved by the Commission under § 7–1206 of this title. The Commission may prioritize the review of an application for a certificate of public convenience and necessity under § 7–207.4 of this subtitle over the review of an application for a certificate of public convenience and necessity under this section. The Commission may extend the time for the review of an application for a certificate of public convenience and necessity under this section if, in accordance with subsubparagraph 1 of this subparagraph, the Commission has prioritized the review of an application for a certificate of public convenience and necessity under § 7–207.4 of this subtitle over the review of the application for a certificate of public convenience and necessity under this section. 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. 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 a transmission line that is designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation with the construction. For construction related to an existing transmission line that is designed to carry a voltage in excess of 69,000 volts, the Commission may waive the requirement in subparagraph (i) of this paragraph for good cause. In determining whether good cause exists under subparagraph (ii) of this paragraph, the Commission shall consider: whether the proposed construction: does not require the acquisition of new real property or additional rights–of–way through eminent domain; does not require larger or higher structures to accommodate increased voltage or larger conductors; is located substantially within an existing transmission right–of–way or existing transmission corridor or conduit system; and has a purpose independent of, and is not a part of, another project that would otherwise require the issuance of a certificate of public convenience and necessity; whether the applicant gave due consideration to alternatives to the proposed construction, including the use of advanced transmission technologies; and the extent to which: the construction substantially consists of new facilities; the cost of the facilities being constructed will be allocated to ratepayers; the facilities being constructed will impact power flow and reliability; and other factors, as determined by the Commission, support granting or denying a waiver for good cause. Except as provided in subsubparagraph 2 of this subparagraph, the Commission shall issue a�written decision granting or denying a waiver under subparagraph (ii) of this paragraph within 90 days after the applicant has submitted a waiver request. Unless otherwise agreed to by the applicant, the Commission may extend the period for issuing a written decision granting or denying a waiver under subparagraph (ii) of this paragraph for a period not to exceed 60 days if the Commission determines: the applicant has failed to provide sufficient information for the Commission to make a determination; or further consideration is necessary due to material impacts to the public or ratepayers under subparagraph (iii)3 of this paragraph. Within 30 days after issuing a written decision denying a waiver under subsubparagraph 1 or 2 of this subparagraph, the Commission shall issue a written decision that states the grounds for the denial. An applicant for a certificate of public convenience and necessity for the construction of a transmission line shall include in its application: evidence that the applicant considered, as part of the applicant’s internal planning process, any local, State, or federal government transmission planning processes and any transmission planning processes required by PJM Interconnection, including: an analysis of advanced transmission technologies and whether the use of the technologies will enhance the value of the new transmission line and therefore lead to increased ratepayer value through efficiency and avoided costs; alternative routings; technologies or modifications to one or more electric distribution systems in the State that are owned by the applicant or its affiliates that could avoid the need for the transmission line; the cost to ratepayers; resource adequacy; and any other information the Commission considers appropriate; and an analysis of the transmission line route selection, including: risks associated with the costs estimates; cost containment efforts; construction schedule; acquisition of land and rights–of–way; and the applicant’s plan to work with communities and stakeholders on proposed routes. Notwithstanding subparagraph (i) of this paragraph and subject to subparagraph (vii) of this paragraph, the Commission may issue a certificate of public convenience and necessity for the construction of a transmission line only if the applicant for the certificate of public convenience and necessity: is an electric company; or is or, on the start of commercial operation of the transmission line, will be subject to regulation as a public utility by an officer or an agency of the United States. The Commission may not issue a certificate of public convenience and necessity for the construction of a transmission line in the electric distribution service territory of an electric company to an applicant other than an electric company if: the transmission line is to be located solely within the electric distribution service territory of that electric company; and the cost of the transmission line is to be paid solely by that electric company and its ratepayers. This subparagraph applies to the construction of a transmission line for which a certificate of public convenience and necessity is required under this section. On issuance of a certificate of public convenience and necessity for the construction of a 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. A person may complete construction related to an existing transmission line, including repairs, if the construction is necessary to avoid an imminent safety hazard or reliability risk. Within 30 days after construction is completed under subparagraph (i) of this paragraph, a person shall file a report with the Commission describing the work that was completed. On receipt of an application for a certificate of public convenience and necessity under the section, the Commission shall provide notice immediately or require the applicant to provide notice immediately of the application to: the Department of Planning; the governing body, and if applicable the executive, of each county or municipal corporation in which any portion of the generating station, transmission line, or qualified generator lead line is proposed to be constructed; the governing body, and if applicable the executive, of each county or municipal corporation within 1 mile of the proposed location of the generating station, transmission line, or qualified generator lead line; each member of the General Assembly representing any part of a county in which any portion of the generating station, transmission line, or qualified generator lead line is proposed to be constructed; each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the generating station, transmission line, or qualified generator lead line; for a proposed transmission line, each owner of land and each owner of adjacent land; and all other interested persons. The Commission, when sending the notice required under paragraph (1) of this subsection, shall forward a copy of the application to: each appropriate State unit and unit of local government for review, evaluation, and comment regarding the significance of the proposal to State, area–wide, and local plans or programs; and each member of the General Assembly included under paragraph (1)(iv) and (v) of this subsection who requests a copy of the application. On receipt of an application for a certificate of public convenience and necessity under this section, the Commission shall provide notice of the application on the Commission’s social media platforms and website. 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, a transmission line designed to carry a voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. The Commission may hold the public hearing virtually rather than in person if the Commission provides a comparable opportunity for public comment and participation in the hearing. 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, transmission line, or qualified generator lead line is proposed to be located, unless the governing body declines to participate in the hearing. Once in each of the 4 successive weeks immediately before the hearing date, the Commission shall provide weekly notice of the public hearing and an opportunity for public comment: by advertisement in a newspaper of general circulation in the county or municipal corporation affected by the application; on two types of social media; and on the Commission’s website. 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, 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. On the day of a public hearing, an informational sign shall be posted prominently at or near each public entrance of the building in which the public hearing will be held. The informational sign required under subparagraph (i) of this paragraph shall: state the time, room number, and subject of the public hearing; and be at least 17 by 22 inches in size. If the public hearing is conducted virtually rather than in person, the Commission shall provide information on the hearing prominently on the Commission’s website. The Commission shall ensure presentation and recommendations from each interested State unit, and shall allow representatives of each State unit to sit during hearing of all parties. The Commission shall allow each State unit 15 days after the conclusion of the hearing to modify the State unit’s initial recommendations. The Commission shall take final action on an application for a certificate of public convenience and necessity only after due consideration of: the recommendation of the governing body of each county or municipal corporation in which any portion of the construction of the generating station, transmission line, or qualified generator lead line is proposed to be located; the effect of the generating station, transmission line, or qualified generator lead line on: the stability and reliability of the electric system; economics; esthetics; historic sites; when applicable, aviation safety as determined by the Maryland Aviation Administration and the administrator of the Federal Aviation Administration; when applicable, air quality and water pollution; and the availability of means for the required timely disposal of wastes produced by any generating station; the effect of climate change on the generating station, transmission line, or qualified generator lead line based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change; for a generating station: the consistency of the application with the comprehensive plan and zoning of each county or municipal corporation where any portion of the generating station is proposed to be located; the efforts to resolve any issues presented by a county or municipal corporation where any portion of the generating station is proposed to be located; 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 the consistency of the application with the State’s climate commitments for reducing statewide greenhouse gas emissions, including those specified in Title 2, Subtitle 12 of the Environment Article; and for a solar energy generating station specified under § 7–218 of this subtitle, whether the owner of a proposed solar energy generating station complies with the site requirements under § 7–218(f) of this subtitle. For the construction of a transmission line, in addition to the considerations listed in subsection (e) of this section, the Commission shall: take final action on an application for a certificate of public convenience and necessity only after due consideration of: the need to meet existing and future demand for electric service; evidence that alternatives have been considered by the applicant in accordance with subsection (b)(3)(v) of this section; and for construction related to a new transmission line, the alternative routes that the applicant considered, including the estimated capital and operating costs of each alternative route and a statement of the reason why the alternative route was rejected; require as an ongoing condition of the certificate of public convenience and necessity that an applicant comply with: all relevant agreements with PJM Interconnection, L.L.C., or its successors, related to the ongoing operation and maintenance of the transmission line; and all obligations imposed by the North America Electric Reliability Council and the Federal Energy Regulatory Commission related to the ongoing operation and maintenance of the transmission line; and require the applicant to identify whether the transmission line is proposed to be constructed on: an existing brownfields site; property that is subject to an existing easement; or a site where a tower structure or components of a tower structure used to support an overhead transmission line exist. 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: the Federal Aviation Administration determines that the construction of an overhead transmission line will not constitute a hazard to air navigation; and the Maryland Aviation Administration concurs in that determination. A privately owned airport runway shall qualify as a public airport runway under this subsection only if the runway has been on file with the Federal Aviation Administration for at least 2 years as being open to the public without restriction. 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 or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle. A county or municipal corporation shall approve or deny any local permits required under a certificate of public convenience and necessity issued under this section or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle: within a reasonable time; and to the extent local laws are not preempted by State law, in accordance with local laws. 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 or a distributed generation certificate of public convenience and necessity issued under § 7–207.4 of this subtitle on receipt of any of the following approvals for any aspect of a generating station, a transmission line, or a qualified lead line proposed to be constructed under the certificate: a conditional use approval; a special exception approval; or a floating zone approval.