A person may not furnish or put in use for revenue billing purposes a gas meter or electric meter unless the Commission has authorized the meter’s use.
Each gas company and electric company shall maintain suitable equipment, approved by the Commission, for testing the accuracy of a gas meter or electric meter furnished by the company for use by its customers.
The gas company or electric company shall test a customer’s meter with the equipment in accordance with § 7–302 of this subtitle.
A small rural electric cooperative described in § 7–502(a) of this title may satisfy this section by demonstrating that the electric meters which it furnishes to customers comply with the standards of the utility regulatory body of the state in which the cooperative has its principal place of business.
This subsection applies to:
a new residential multiple occupancy building;
a new shopping center; or
a new housing unit that is constructed, managed, operated, developed, or subsidized by a local housing authority established under Division II of the Housing and Community Development Article.
The service restrictions imposed under this subsection do not apply to central hot water.
The Commission may not authorize a gas company or electric company to service an occupancy unit or shopping center unit subject to this subsection unless the building or shopping center has individual metered service or submetering as provided under § 7–303 or § 7–304 of this subtitle for each individually leased or owned occupancy unit or shopping center unit.
In accordance with its regulations, the Commission may authorize a gas company or electric company to provide service for central heating or cooling systems, or a combination of those systems, to an occupancy unit or shopping center unit subject to this subsection if the Commission is satisfied that the service will result in a substantial net saving of energy over the energy saving that would result from individual metering or submetering as provided under § 7–303 or § 7–304 of this subtitle.
The owner, operator, or manager of a residential multiple occupancy building or shopping center subject to this section may not impose a utility cost on an occupancy unit or shopping center unit, except for charges that:
the Commission authorizes the gas company or electric company to impose; and
the gas company or electric company actually imposes on the owner, operator, or manager.
By written request, a consumer may compel the Commission to inspect and test the consumer’s electric meter or gas meter.
The consumer is entitled to be present for the test.
The Commission shall set a percentage tolerance limit for the accuracy of an electric meter or gas meter.
The Commission shall order a gas company or electric company to replace a meter at the company’s expense if the meter is incorrect to the prejudice of the consumer by more than the percentage tolerance limit set by the Commission.
The Commission shall set a uniform reasonable fee for meter test services under this section.
If the test indicates that the meter is within the percentage tolerance limit set by the Commission under subsection (b)(1) of this section, the consumer shall pay the test fee.
If the test indicates that the meter is not within the percentage tolerance limit set by the Commission, the Commission shall refund the fee.
In this section the following words have the meanings indicated.
“Apartment house” means one or more buildings that each contain more than two dwelling units and in which all the dwelling units are occupied primarily for nontransient use with rent paid at intervals of 1 week or longer.
“Apartment house” includes a residential condominium or cooperative, whether the units are rented or owner occupied.
“Commercial rental unit” means any leased premises used for retail, commercial, clerical, or professional purposes.
“Dwelling unit” means premises that consist of one or more rooms suitable for occupancy as a residence and that contain kitchen and bathroom facilities.
“Office building” means one or more buildings that each contain two or more commercial rental units.
“Shopping center” means any combination of privately owned commercial, professional, or retail establishments to which the general public is invited for business purposes.
“Submetering” means the installation of equipment to determine the actual use of gas or electricity for each:
residential unit in an apartment house; or
commercial rental unit in an office building or shopping center.
An apartment house, office building, or shopping center that contains a combination of dwelling units or commercial rental units is included under the requirements of this section.
Subject to the provisions of this section, and with the approval of the Commission, a local housing authority established under Division II of the Housing and Community Development Article may submeter any combination of apartment houses, commercial rental units, dwelling units, office buildings, and shopping centers.
Notwithstanding any other law, the Commission shall adopt regulations to establish standards:
by which an owner, operator, or manager of an apartment house, office building, or shopping center may install submetering equipment for each dwelling unit or commercial rental unit that is not individually metered for gas or electricity; and
to allocate fairly the cost of each unit’s gas or electrical consumption.
An owner, operator, or manager of an apartment house, office building, or shopping center who installs submetering equipment under this section to provide bulk metered service may not impose on a unit in the facility any utility cost except the charges that the Commission authorizes and that the gas company or electric company actually imposes on the owner, operator, or manager.
The charges imposed under subparagraph (i) of this paragraph shall be allocated among the units in proportion to the actual usage of cubic feet or kilowatt hours by the unit.
The owner, operator, or manager of an apartment house, office building, or shopping center may collect an additional service charge not exceeding $1 per unit per month to cover administrative costs and billing.
The requirements of this paragraph do not apply to units constructed, managed, operated, developed, or subsidized by a local housing authority established under Division II of the Housing and Community Development Article.
If the owner, operator, or manager of an apartment house, office building, or shopping center installs submeters during the term of a lease or agreement that includes the cost of gas or electricity consumed for the unit, the owner, operator, or manager shall:
determine the amount of gas or electric costs saved by that unit; and
pass that amount on to the unit’s occupant as a payment or reduction in rent.
All submetering equipment under this section is subject to:
the regulations and standards that the Commission adopts for the accuracy, testing, and record keeping of meters that gas companies or electric companies install; and
the meter requirements of §§ 7-301 and 7-302 of this subtitle.
The regulations that the Commission adopts under this section shall:
include appropriate safeguards for the occupant of the dwelling unit or commercial rental unit;
require that the utility costs and charges on each unit be imposed in accordance with subsection (d)(2) of this section; and
require that the owner, operator, or manager of the apartment house, office building, or shopping center:
maintain adequate records regarding submetering; and
allow the occupant of the unit to inspect the records during reasonable business hours.
A regulation or standard that the Commission adopts under this section may be enforced under §§ 3-104 and 13-101 of this article.
The owner, operator, or manager of an apartment house, office building, or shopping center:
may not be considered a public service company; and
may use metering equipment only to allocate fairly the costs of gas or electric service among the occupants of the apartment house, office building, or shopping center in accordance with subsection (e) of this section.
A complaint by an occupant of a dwelling unit or commercial rental unit against an owner, operator, or manager of an apartment house, office building, or shopping center under this section may be filed in the county or municipal corporation where the apartment house, office building, or shopping center is located.
A complaint filed under paragraph (1) of this subsection may be handled by:
the landlord-tenant commission, if one exists, of the county or municipal corporation;
the consumer protection agency, if one exists, of the county or municipal corporation if there is not a landlord-tenant commission in the county or municipal corporation;
the Consumer Protection Division of the Office of the Attorney General, if there is not a consumer protection agency in the county or municipal corporation; or
any other State or local government unit or office designated to handle tenants’ complaints.
This section does not affect the right of an owner, operator, or manager of an apartment house, office building, or shopping center to redistribute gas or electricity to tenants or occupants.
In this section the following words have the meanings indicated.
“Apartment house” has the meaning stated in § 7-303(a) of this subtitle.
“Dwelling unit” has the meaning stated in § 7-303(a) of this subtitle.
“Energy allocation system” means a method of determining the approximate energy use within an individual dwelling unit by a measuring device that the Commission approves.
Approval from the Commission is required before energy allocation equipment and procedures may be used by the owner, operator, or manager of an apartment house to determine the amount of gas or electricity used by an individual dwelling unit, if the amount of gas or electricity is determined by means other than by actual measurement of fuel or electric power consumed by the unit.
An energy allocation system may not be used for direct billing of energy costs to the tenant of an individual dwelling unit unless the Commission approves the system in accordance with this subsection.
The Commission shall adopt regulations that specify the conditions under which the energy allocation equipment and procedures approved by it under subsection (b) of this section may be implemented.
The regulations shall include requirements that the owner, operator, or manager of an apartment house shall use to inform consumers about estimated energy costs.
The Commission shall send any complaint it receives about an individual dwelling unit’s gas or electric power consumption to the Office of the Attorney General, Consumer Protection Division, if the dwelling unit’s gas or electric power consumption is determined by the use of energy allocation equipment and procedures approved by the Commission under subsection (b) of this section.
A gas company or electric company may bill its customers for gas, electricity, or any other service it renders only on the basis of the net total cost of the service under the applicable rate that is filed for that service.
The Commission may authorize a gas company or electric company to apply an additional charge over the net total cost to any bill or part of a bill that is not paid:
within 20 days for a residential customer or residential cooperative; or
within 15 days for any other customer.
The additional charge that is applied by a gas company or electric company under this subsection may not exceed 5% of the net bill or part of the bill.
Unless the Commission approves the imposition of different charges on different classes of customers, any additional charges applied by a gas company or electric company under this subsection shall be uniform for all customers.
In this section the following words have the meanings indicated.
“Biomass” means “qualified biomass” as defined in § 7–701 of this title.
“Closed conduit hydro” means a hydroelectric generating facility that:
generates electricity within existing piping or limited adjacent piping of a potable water supply system;
is owned or operated by a municipal corporation or public water authority; and
is designed to produce less energy than is consumed to operate the water supply system.
“Community solar energy generating system” has the meaning stated in § 7–306.2 of this subtitle.
“Community solar energy generating system program” means a program administered by an electric company in accordance with § 7–306.2 of this subtitle.
“Eligible customer–generator” means a customer that owns and operates, leases and operates, or contracts with a third party that owns and operates a biomass, micro combined heat and power, solar, fuel cell, wind, or closed conduit hydro electric generating facility that:
is located on the customer’s premises or contiguous property;
is interconnected and operated in parallel with an electric company’s transmission and distribution facilities; and
is intended primarily to offset all or part of the customer’s own electricity requirements.
“Fuel cell” means an electric generating facility that:
includes integrated power plant systems containing a stack, tubular array, or other functionally similar configuration used to electrochemically convert fuel to electric energy; and
may include:
an inverter and fuel processing system; and
other plant equipment to support the plant’s operation or its energy conversion, including heat recovery equipment.
“Micro combined heat and power” means the simultaneous or sequential production of useful thermal energy and electrical or mechanical power not exceeding 30 kilowatts.
“Net energy metering” means measurement of the difference between the electricity that is supplied by an electric company and the electricity that is generated by an eligible customer–generator and fed back to the electric grid over the eligible customer–generator’s billing period.
“Net excess generation” means the amount of the electricity generated by an eligible customer–generator that is in excess of the electricity consumed by the eligible customer–generator and that results in a negative kilowatt–hour reading at the end of the eligible customer–generator’s billing cycle.
“Repowered” means a solar energy generating system owned by an eligible customer–generator or a community solar energy generating system that, through a single action or a series of actions, has had replaced more than 80% of the direct current nameplate capacity of the photovoltaic modules at the system as of the date the system was originally placed in service under this section.
“Repowered” does not include:
routine equipment repair and maintenance, including the replacement of equipment during routine repair and maintenance with equipment that has similar or improved ratings, impedances, efficiencies, or capabilities;
roof replacement or other project site maintenance;
the remediation of equipment defects;
the remediation of damage caused by a natural disaster, an act of God, fire, vandalism, theft, or another casualty event; or
replacements required by a governmental authority or electric company.
The General Assembly finds and declares that a program to provide net energy metering for eligible customer–generators is a means to encourage private investment in renewable energy resources, stimulate in–State economic growth, enhance continued diversification of the State’s energy resource mix, and reduce costs of interconnection and administration.
An electric company serving an eligible customer–generator shall ensure that the meter installed for net energy metering is capable of measuring the flow of electricity in two directions.
The Commission shall require electric utilities to develop a standard contract or tariff for net energy metering and make it available to eligible customer–generators on a first–come, first–served basis until the earlier of:
the date on which the rated generating capacity owned and operated by eligible customer–generators in the State reaches 3,000 megawatts; or
July 1, 2027.
Notwithstanding paragraph (1)(ii) of this subsection and except as provided in paragraph (3) of this subsection, if the 3,000–megawatt limit in paragraph (1)(i) of this subsection has not been met, a community solar energy generating system that is placed in service after July 1, 2027, shall be eligible for net energy metering under this section if:
the system:
on or before July 1, 2027, received a community solar program queue position under § 7–306.2 of this subtitle and paid a deposit to the electric company equal to at least 50% of the electric company’s estimate of all necessary interconnection fees; and
except as provided in paragraph (4) of this subsection, is placed in service on or before July 1, 2030; and
the electric company in whose service territory the community solar energy generating system is located has not met the net energy metering capacity limit under paragraph (3)(i) of this subsection.
Subject to subparagraphs (ii) and (iii) of this paragraph, for an electric company with a 2025 annual peak demand of 2,500 megawatts or less, the net energy metering capacity limit for community solar energy generating systems that are placed in service in the electric company’s service territory on or after April 1, 2026, shall be 150% of the total combined rated generating capacity of community solar energy generating systems that had not been placed in service but hold queue positions in a community solar energy generating system program in the electric company’s service territory on April 1, 2026.
If the 150% net energy metering capacity limit established under subparagraph (i) of this paragraph in an electric company’s service territory is reached, the electric company shall:
close the net energy metering contract or tariff under this section to any community solar energy generating systems that do not already hold queue positions; and
notify the Commission.
A community solar energy generating system holding a queue position in a community solar energy generating system program in the electric company’s service territory that is placed in service on or after April 1, 2026, shall continue to count toward the 150% net energy metering capacity limit established under subparagraph (i) of this paragraph.
If the Commission does not implement a successor program under § 7–306.4 of this subtitle by July 1, 2027, a community solar energy generating system that has not been placed in service by July 1, 2027, but meets the requirements of paragraph (2)(i)1 and (ii) of this subsection shall be eligible for net energy metering under this section if it is placed in service on or before 3 years after the date that the successor program is implemented.
The Commission may grant an extension to the deadlines under paragraph (2)(i) of this subsection and subparagraph (i) of this paragraph if the community solar energy generating system was unable to meet the deadline, including inability to meet the deadline due to any of the following reasons:
a force majeure event, as determined by the Commission;
failure by a government or municipal authority to timely complete an action necessary to authorize or enable any portion of the project construction;
failure of an electric company to comply with a Commission order, regulation, statute, or tariff; or
the system is ready to be placed in service and is waiting only on the electric company to grant the system permission to operate.
An eligible customer–generator that, on July 1, 2027, is under a net energy metering contract or tariff under this section or a community solar energy generating system that meets the requirements of paragraph (2) of this subsection shall remain eligible for net energy metering under this section until the earlier of when:
the system is decommissioned in accordance with § 7–218(g) of this title;
the system is modified to increase:
the net power flow injection into the electric system due to the addition of more photovoltaic modules than were present as of the date the system was originally placed in service under this section; or
the alternating current output capacity to be more than when the system was originally placed into service under this section;
the system enters into a new interconnection agreement; or
the system is repowered.
A net energy metering contract or tariff shall be identical, in energy rates, rate structure, and monthly charges, to the contract or tariff that the customer would be assigned if the customer were not an eligible customer–generator.
A net energy metering contract or tariff may not include charges that would raise the eligible customer–generator’s minimum monthly charge above that of customers of the rate class to which the eligible customer–generator would otherwise be assigned.
Charges prohibited by this paragraph include new or additional demand charges, standby charges, customer charges, and minimum monthly charges.
The electric company shall calculate net energy metering in accordance with this subsection.
Net energy produced or consumed on a regular basis shall be measured in accordance with standard metering practices.
If electricity supplied by the grid exceeds electricity generated by the eligible customer–generator during a month, the eligible customer–generator shall be billed for the net energy supplied in accordance with subsection (e) of this section.
If electricity generated by the eligible customer–generator exceeds the electricity supplied by the grid, the eligible customer–generator shall be billed only customer charges for that month in accordance with subsection (e) of this section.
An eligible customer–generator under paragraph (4) of this subsection may:
accrue net excess generation for a period:
not to exceed 12 months; and
that ends with the billing cycle that is complete immediately prior to the end of April of each year; or
except for an eligible customer–generator served by a municipal electric utility or an electric cooperative and subject to subparagraph (iv) of this paragraph, accrue net excess generation for an indefinite period regardless of whether the eligible customer–generator previously accrued net excess generation for a period authorized under item 1 of this subparagraph.
The electric company shall carry forward net excess generation until:
the eligible customer–generator’s consumption of electricity from the grid eliminates the net excess generation;
the accrual period under subparagraph (i)1 of this paragraph expires; or
the account is closed.
If an eligible customer–generator elects to accrue net excess generation for a period not to exceed 12 months under subparagraph (i)1 of this paragraph, the dollar value of net excess generation shall be equal to the generation or commodity portion of the rate that the eligible customer–generator would have been charged by the electric company averaged over the previous 12–month period ending with the billing cycle that is complete immediately before the end of April multiplied by the number of kilowatt–hours of net excess generation.
For an eligible customer–generator that elects to accrue net excess generation under subparagraph (i)1 of this paragraph and is served by a community choice aggregator or an electricity supplier, the dollar value of the net excess generation shall be equal to the generation or commodity rate that the customer would have been charged by the community choice aggregator or electricity supplier multiplied by the number of kilowatt–hours of net excess generation.
If an eligible customer–generator elects to accrue net excess generation for an indefinite period under subparagraph (i)2 of this paragraph:
the eligible customer–generator may not elect to switch to accruing net excess generation under subparagraph (i)1 of this paragraph unless the electric company approves the switch; and
the electric company shall, within 15 days after an eligible customer–generator’s account is closed, pay the eligible customer–generator, in accordance with subparagraph (v) of this paragraph, for any accrued net excess generation remaining at the time the account is closed.
The Commission shall establish a method for calculating the value of any accrued net excess generation that a customer–generator elects to accrue for an indefinite period under subparagraph (i)2 of this paragraph.
If an eligible customer–generator elects to accrue net excess generation under paragraph (5)(i)1 of this subsection, on or before 30 days after the billing cycle that is complete immediately prior to the end of April of each year, the electric company shall pay the eligible customer–generator for the dollar value of any accrued net excess generation remaining at the end of the previous 12–month period ending with the billing cycle that is complete immediately before the end of April.
Within 15 days after the date an eligible customer–generator that elects to accrue net excess generation under paragraph (5)(i)1 of this subsection closes the eligible customer–generator’s account, the electric company shall pay the eligible customer–generator for the dollar value of any accrued net excess generation remaining at the time the eligible customer–generator closes the account.
Notwithstanding paragraphs (5) and (6) of this subsection, an eligible customer–generator served by an electric cooperative that serves a population of less than 250,000 in its distribution territory may choose to be paid for the dollar value of net excess generation remaining at the end of each month instead of at the end of the accrual period specified under paragraph (5)(i)1 of this subsection.
If an eligible customer–generator chooses to be paid for the dollar value of net excess generation remaining at the end of each month:
the customer–generator may accrue net excess generation on a monthly basis;
the dollar value of the net excess generation shall be equal to the generation or commodity portion of the rate that the eligible customer–generator would have been charged by the electric company for the previous month; and
on or before 30 days after the end of each month, the electric cooperative shall pay the eligible customer–generator for the dollar value of net excess generation remaining at the end of the previous month.
Except as provided in paragraphs (6), (7), and (8) of this subsection, the generating capacity of an electric generating system used by an eligible customer–generator for net metering may not exceed 2 megawatts.
An electric generating system used by an eligible customer–generator for net metering shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories.
The Commission may adopt by regulation additional control and testing requirements for eligible customer–generators that the Commission determines are necessary to protect public safety and system reliability.
An electric company may not require an eligible customer–generator whose electric generating system meets the standards of paragraphs (2) and (3) of this subsection to:
install additional controls;
perform or pay for additional tests; or
purchase additional liability insurance.
An eligible customer–generator or the eligible customer–generator’s assignee shall own and have title to all renewable energy attributes or renewable energy credits associated with any electricity produced by its electric generating system.
The Commission may not prohibit the construction or operation of multiple net metered solar energy generating facilities located on separate contiguous lots that are owned by a local government solely because the capacity of the combined net metering systems exceeds the limit established under paragraph (1) of this subsection, if:
the net metered solar energy generating facilities are intended to be used solely for the benefit of the local government;
the total capacity of the net metered solar energy generating facilities on the contiguous lots does not exceed 5 megawatts;
the contiguous lots were not subdivided for the purpose of circumventing the limit established under paragraph (1) of this subsection; and
the utility serving the net metered solar energy generating facilities is not an electric cooperative or municipal electric utility.
The generating capacity of a community solar energy generating system established under § 7–306.2 of this subtitle that is used for net metering may not exceed 5 megawatts.
The generating capacity of a net metered facility that is meter aggregated under § 7–306.3 of this subtitle may not exceed 5 megawatts.
An eligible customer–generator participating in net energy metering may participate in the aggregation activities of a community choice aggregator under § 7–510.3 of this title.
Notwithstanding the generating capacity limits established in subsection (g) of this section, an eligible customer–generator participating in meter aggregation under § 7–306.2 or § 7–306.3 of this subtitle may receive excess generation from more than one generating system, including if the combined generating capacity of all net metered facilities that are meter aggregated exceeds 5 megawatts.
On or before November 1 of each year, the Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of the net energy metering program under this section and § 7–306.4 of this subtitle, including:
the amount of capacity of electric generating facilities owned and operated by eligible customer–generators in the State by type of energy resource;
based on the need to encourage a diversification of the State’s energy resource mix to ensure reliability, whether the rated generating capacity limit in subsection (d) of this section should be altered;
the status of the implementation and efficacy of the successor program developed and implemented under § 7–306.4 of this subtitle; and
other pertinent information.
A person who is negotiating a contract with an eligible customer–generator to install a solar electric generating facility on the customer–generator’s property that the customer–generator owns and operates, leases and operates, or contracts with a third party that owns and operates and that requires interconnection with an electric company’s distribution facilities:
shall submit to the customer–generator’s electric company a completed application for interconnection of the solar electric generating facility with the electric company’s distribution facilities;
before receiving the electric company’s approval of the application submitted under paragraph (1) of this subsection:
may accept payment from the customer–generator in connection with the contract; but
may not begin installation of the solar electric generating facility on the customer–generator’s property;
shall notify the customer–generator of the electric company’s approval or disapproval of the application submitted under paragraph (1) of this subsection; and
if the electric company disapproves the application submitted under paragraph (1) of this subsection, shall fully refund any payment from the customer–generator under paragraph (2)(i) of this subsection.
On request of a person under subsection (a)(1) of this section, an electric company shall process an application submitted under subsection (a)(1) of this section and notify the person whether the application is approved or disapproved in accordance with a process and time frame specified in regulations adopted by the Commission.
In this subsection, “installation process” includes:
an approved application submitted under subsection (a)(1) of this section;
completion of the installation of the customer–generator’s solar electric generating facility and any required electric distribution system upgrades; and
completion of all necessary paperwork and documentation, including a signed interconnection agreement, certificate of completion, and an inspection certificate.
Subject to subparagraph (ii) of this paragraph, an electric company shall issue acceptance and final approval to operate a customer–generator’s solar electric generating facility on the electric company’s distribution facilities within 20 business days after the completion of the installation process and receipt of the paperwork and documentation set forth in paragraph (1)(iii) of this subsection.
An electric company shall complete the interconnection requirements under subparagraph (i) of this paragraph for at least 90% of installation processes completed during the year in the electric company’s service territory.
The Commission may temporarily waive the requirements under paragraph (2) of this subsection in an electric company’s service territory on a showing of good cause.
In this section the following words have the meanings indicated.
“Agrivoltaics” means the simultaneous use of areas of land:
that are maintained in agricultural use in accordance with COMAR 18.02.03 or the Maryland Assessment Procedures Manual; and
for both solar power generation and:
raising grains, fruits, herbs, melons, mushrooms, nuts, seeds, tobacco, or vegetables;
raising poultry, including chickens and turkeys, for meat or egg production;
dairy production, such as the raising of milking cows;
raising livestock, including cattle, sheep, goats, or pigs;
horse boarding, breeding, or training;
turf farming;
raising ornamental shrubs, plants, or flowers, including aquatic plants;
aquaculture;
silviculture; or
any other activity recognized as an agricultural activity under COMAR 18.02.03 or the Maryland Assessment Procedures Manual.
“Agrivoltaics” does not include the simultaneous use of areas of land for both solar power generation and:
apiaries; or
pollinator habitat.
“Baseline annual usage” means:
a subscriber’s accumulated electricity use in kilowatt–hours for the 12 months before the subscriber’s most recent subscription; or
for a subscriber that does not have a record of 12 months of electricity use at the time of the subscriber’s most recent subscription, an estimate of the subscriber’s accumulated 12 months of electricity use in kilowatt–hours, determined in a manner the Commission approves.
“Community solar energy generating system” means a solar energy system that:
is connected to the electric distribution system serving the State;
is located in the same electric service territory as its subscribers;
is attached to the electric meter of a subscriber or is a separate facility with its own electric meter;
credits its generated electricity, or the value of its generated electricity, to the bills of the subscribers to that system through virtual net energy metering;
has at least two subscribers but no limit to the maximum number of subscribers;
does not have subscriptions larger than 200 kilowatts constituting more than 60% of its kilowatt–hour output;
has a generating capacity that does not exceed 5 megawatts as measured by the alternating current rating of the system’s inverter;
may be owned by any person; and
with respect to community solar energy generating systems constructed under the Program, serves at least 40% of its kilowatt–hour output to LMI subscribers unless the solar energy system is wholly owned by the subscribers to the solar energy system.
“Consolidated billing” means a payment mechanism that requires an electric company to, at the request of a subscriber organization or subscription coordinator:
include the monthly subscription charge of a subscriber organization or subscription coordinator on the monthly bills rendered by the electric company for electric service and supply to subscribers; and
remit payment for those charges to the subscriber organization or subscription coordinator.
“Critical area” has the meaning stated in § 8–1802 of the Natural Resources Article.
“LMI subscriber” means a subscriber that:
is low–income;
is moderate–income; or
resides in a census tract that is:
an overburdened community; and
an underserved community.
“Low–income” means:
having an annual household income that is at or below 200% of the federal poverty level; or
being certified as eligible for any federal, State, or local assistance program that limits participation to households whose income is at or below 200% of the federal poverty level.
“Moderate–income” means having an annual household income that is at or below 80% of the median income for Maryland.
“Overburdened community” has the meaning stated in § 1–701 of the Environment Article.
“Pilot program” means the program established under this section before July 1, 2023, and effective until the start of the Program established under subsection (d)(20) of this section.
“Program” means the Community Solar Energy Generating Systems Program.
“Queue” means:
the pilot program queue an electric company is required to maintain under COMAR 20.62.03.04; and
a queue an electric company may be required to maintain under the Program.
“Subscriber” means a retail customer of an electric company that:
holds a subscription to a community solar energy generating system; and
has identified one or more individual meters or accounts to which the subscription shall be attributed.
“Subscriber organization” means:
a person that owns or operates a community solar energy generating system; or
the collective group of subscribers of a community solar energy generating system.
“Subscription” means the portion of the electricity generated by a community solar energy generating system that is credited to a subscriber.
“Subscription coordinator” means a person that:
markets community solar energy generating systems or otherwise provides services related to community solar energy generating systems under its own brand name;
performs any administrative action to allocate subscriptions, connect subscribers with community solar energy generating systems, or enroll customers in the Program; or
manages interactions between a subscriber organization and an electric company or electricity supplier relating to subscribers.
“Underserved community” has the meaning stated in § 1–701 of the Environment Article.
“Unsubscribed energy” means any community solar energy generating system output in kilowatt–hours that is not allocated to any subscriber.
“Virtual net energy metering” means measurement of the difference between the kilowatt–hours or value of electricity that is supplied by an electric company and the kilowatt–hours or value of electricity attributable to a subscription to a community solar energy generating system and fed back to the electric grid over the subscriber’s billing period, as calculated under the tariffs established under subsections (e)(2), (f)(2), and (g)(2) of this section.
The General Assembly finds that:
community solar energy generating systems:
provide residents and businesses, including those that lease property, increased access to local solar electricity while encouraging private investment in solar resources;
enhance continued diversification of the State’s energy resource mix to achieve the State’s renewable energy portfolio standard and Greenhouse Gas Emissions Reduction Act goals; and
provide electric companies and ratepayers the opportunity to realize the many benefits associated with distributed energy; and
it is in the public interest that the State enable the development and deployment of energy generation from community solar energy generating systems in order to:
allow renters and low–income and moderate–income retail electric customers to own an interest in a community solar energy generating system;
facilitate market entry for all potential subscribers while giving priority to subscribers who are the most sensitive to market barriers; and
encourage developers to promote participation by renters and low–income and moderate–income retail electric customers.
A community solar energy generating system, subscriber, subscriber organization, or subscription coordinator is not:
an electric company;
an electricity supplier; or
a generating station if:
the generating capacity of the community solar energy generating system does not exceed 2 megawatts; or
the community solar energy generating system is located on the rooftop of a building.
The Commission shall establish and maintain a Community Solar Energy Generating Systems Program.
The structure of the Program is as provided in this subsection.
All rate classes may participate in the Program.
Subscribers served by electric standard offer service, community choice aggregators, and electricity suppliers may hold subscriptions to the same community solar energy generating system.
A subscriber organization or subscription coordinator acting on behalf of a subscriber organization shall:
determine how to allocate subscriptions to subscribers; and
notify an electric company and, if applicable, a relevant electricity supplier about the allocation of subscriptions in accordance with the regulations the Commission adopts under subsection (e) of this section.
An electric company shall use the tariff structure under subsections (e)(2), (f)(2), and (g)(2) of this section to provide each subscriber with the credits.
A subscriber shall:
receive credit for virtual net excess generation; and
accrue virtual net excess generation in the same manner as an eligible customer–generator under § 7–306(f) of this subtitle.
Any unsubscribed energy generated by a community solar energy generating system that is not owned by an electric company shall create banked bill credits tracked by the electric company that, within 1 year after the date that the banked bill credit was created, may be allocated to one or more subscribers by the subscriber organization or subscription coordinator associated with the community solar energy generating system.
The generation associated with a banked bill credit not allocated to a subscriber within 1 year after the date that the banked bill credit was created shall be purchased under the electric company’s process for purchasing the output from qualifying facilities at the amount it would have cost the electric company to procure the energy.
An electric company shall use energy generated from a community solar energy generating system to offset purchases from wholesale electricity suppliers for standard offer service.
All costs associated with small generator interconnection standards under COMAR 20.50.09 are the responsibility of the subscriber organization.
A subscriber organization may petition an electric company to coordinate the interconnection and commencement of operations of a community solar energy generating system after the Commission adopts regulations required under subsection (e) of this section.
A subscriber organization may contract with a third party for the third party to finance, build, own, or operate a community solar energy generating system.
A municipal utility or cooperative utility may participate in the Program.
Except as provided in subparagraphs (ii) and (iii) of this paragraph, a community solar energy generating system may not be located on the same or an adjacent parcel of land as an existing or proposed community solar energy generating system if the total installed capacity of all community solar energy generating systems on the same or adjacent parcel would exceed 5 megawatts.
The prohibition under subparagraph (i) of this paragraph does not apply to projects constructed:
on the rooftops of buildings;
in areas that are zoned for industrial use;
on brownfields locations and clean fill sites;
over parking lots or roadways;
on multilevel parking structures;
on or over transportation or public rights–of–way;
at airports; or
on land that:
was previously zoned for industrial use or is ecologically compromised; and
is not targeted for mitigation or restoration.
The prohibition under subparagraph (i) of this paragraph does not apply to projects constructed in any location if the combined capacity of all community solar energy generating systems does not exceed:
10 megawatts on the same parcel; and
20 megawatts on adjacent parcels; and
at least 75% of the aggregate capacity of the co–located community solar energy generating systems serves LMI subscribers;
for a site without a community solar energy generating system installed before the start of the Program under paragraph (20) of this subsection, all of the community solar energy generating systems installed after the start of the Program are used for agrivoltaics; or
for a site with a community solar energy generating system installed before the start of the Program under paragraph (20) of this subsection, each new community solar energy generating system installed after the start of the Program is used for agrivoltaics.
A subscriber organization or subscription coordinator may elect for a subscriber or a community solar energy generating system represented by the subscriber organization or subscription coordinator to participate in consolidated billing.
An electric company shall provide access to customer billing and usage data to a subscriber organization or subscription coordinator if the customer provides to the electric company affirmative consent that is accompanied by a written or electronic signature.
An electric company may require a reasonable fee for subscriber organizations or subscription coordinators that use consolidated billing.
The fee under subparagraph (i) of this paragraph may not exceed 1% of the bill credit value to the subscriber unless the Commission determines a higher fee is just and reasonable based on substantial evidence presented by the electric company.
An electric company may adjust the fee under subparagraph (i) of this paragraph not more than once per year.
The fee for consolidated billing assessed to a subscriber organization or subscription coordinator may not exceed the fee that was in effect when the subscriber organization or subscription coordinator elected for the community solar energy generating system represented by the subscriber organization or subscription coordinator to participate in consolidated billing.
A subscriber organization or subscription coordinator may not prohibit a subscriber from enrolling with an electricity supplier for electric service or supply.
A community solar energy generating system on an electric company queue under the pilot program shall retain the queue position under the Program.
In constructing or operating a community solar energy generating system, a person shall address critical area, climate resilience, and forest conservation concerns by complying with the Forest Conservation Act and other relevant State and local environmental laws and regulations pertaining to the critical area, climate resilience, and forest conservation.
The Program shall begin on the earlier of:
the date of submission of the first petition of a subscriber organization under paragraph (10) of this subsection after the Commission adopts the regulations required under subsection (f) of this section; or
6 months after the Commission adopts those regulations.
On or before May 15, 2016, the Commission shall adopt regulations to implement this section, including regulations for:
consumer protection;
a tariff structure for an electric company to provide a subscriber with the kilowatt–hours or value of the subscriber’s subscription, as the Commission determines;
a calculation for virtual net energy metering as the Commission determines;
a protocol for electric companies, electricity suppliers, and subscriber organizations to communicate the information necessary to calculate and provide the monthly electric bill credits and net excess generation payments required by this section; and
a protocol for a subscriber organization to coordinate with an electric company for the interconnection and commencement of operations of a community solar energy generating system.
Subject to subsection (h) of this section, to implement the Program, the Commission shall, on or before January 1, 2025, adopt revisions to the regulations adopted under subsection (e) of this section for the pilot program, including revisions that:
remove all Program categories, project generating capacity limits, yearly programmatic and electric company–specific capacity limits, and sunset dates so that the total number and capacity of community solar energy generating systems is subject only to the overall limitation for all net metering projects established under § 7–306(d) of this subtitle;
authorize all community solar energy generating systems, including those constructed during the pilot program, to operate and generate subscription credits until the community solar energy generating system is decommissioned;
adjust co–location restrictions to comply with subsection (d)(13) of this section;
allow a subscriber organization or subscription coordinator to verify the income of a prospective subscriber for eligibility as an LMI subscriber under the Program by using one of the following methods:
self–attestation by the prospective subscriber that does not need to be under oath or penalty of perjury;
requiring the prospective subscriber to provide evidence of eligibility for or enrollment in at least one of the following government assistance programs:
the Maryland Energy Assistance Program;
the Supplemental Nutrition Assistance Program;
Medicaid;
Head Start;
free and reduced price school meals;
the federal Low Income Home Energy Assistance Program;
EmPOWER Maryland low– or moderate–income incentives;
telephone lifeline service;
the Fuel Fund of Maryland; or
any additional federal, State, or local assistance program that the Commission determines will further the purposes of the Program;
pay stubs;
income tax documents;
proof of residence in an affordable housing facility;
proof of residence within a census tract that is:
an overburdened community; and
an underserved community;
any verification method that was available under the pilot program; or
any additional methods approved by the Commission to verify income;
require all electric companies to use:
bill credits applied as a reduction in metered kilowatt–hours; or
monetary bill credits that provide not less than the value to the subscriber of the credit had it been applied to the subscriber’s bill as a reduction in metered kilowatt–hours; and
establish procedures for the Commission to:
collect data from subscriber organizations, when applying to the Commission for admission to the Program, on:
the type and quantity of forest cover on the site of a proposed community solar energy generating system; and
any anticipated impacts that the construction of the proposed community solar energy generating system will have on trees and forest cover at the site of the proposed community solar energy generating system; and
make the data collected under item 1 of this item available to the public in a format aggregated by county.
On or before July 1, 2025, the Commission shall approve electric company tariff modifications that are consistent with the regulations adopted under this subsection.
Subject to subsection (h) of this section, on or before July 1, 2025, the Commission shall adopt regulations that:
implement consolidated billing by electric companies that must be in effect by January 1, 2026, including protocols for purchase of receivables or net crediting;
require all electric companies to report billing and crediting errors to the Commission on a regular schedule;
impose specific timing requirements for application of bill credits to subscriber bills and application of rollover credits;
implement data exchange protocols for electric companies, subscriber organizations, and subscription coordinators, including required data fields for electric company allocation reports;
for subscribers enrolled in budget billing, require electric companies to apply community solar credits to the monthly amount due rather than the underlying balance;
require all electric companies to show applied and banked credits on each bill rendered to a subscriber; and
implement any additional changes the Commission determines will improve billing and crediting processes for subscribers, subscriber organizations, and subscription coordinators.
On or before January 1, 2026, the Commission shall approve electric company tariff modifications that are consistent with the regulations adopted under this subsection.
The Commission shall convene a stakeholder workgroup to provide recommendations regarding the regulations to be adopted by the Commission under subsections (f) and (g) of this section.
The Commission shall consider and implement methodologies to allow the tenants of master–metered residential facilities to participate in the Program and benefit directly from any associated electric bill savings.
Subject to regulations or orders of the Commission, a contract relating to a community solar energy generating system, subscriber organization, or subscription coordinator that is entered into during the pilot program or the Program shall remain in effect according to the terms of the contract, including after the termination of the pilot program or the Program.
This paragraph applies to electric companies, electric cooperatives, and municipal utilities that participate in the Program.
A subscriber who has a change in the service address associated with the subscriber’s subscription may maintain the subscription for the new address if the new address is within the same electric territory as the old address.
An electric company or a subscriber organization may not terminate a subscriber’s subscription due to a change of address for the service address associated with the subscription if the requirements under subparagraph (ii) of this paragraph are met.
An electric company shall make any changes necessary to accommodate a subscriber’s change of address on notification by a subscriber organization.
On and after October 1, 2023, in accordance with the operational and billing requirements in subsection (d) of this section:
a subscriber organization may continue the operation of a community solar energy generating system that began operation during the pilot program, including the creation and trading of subscriptions; and
in accordance with the tariffs established under subsections (e)(2), (f)(2), and (g)(2) of this section, an electric company shall continue to facilitate the operation of a community solar energy generating system that began operation during the pilot program.
The cumulative installed nameplate capacity under the pilot program and the Program shall count toward the overall limitation for all net metering projects established under § 7–306(d) of this subtitle.
A subscriber organization or subscription coordinator may not require an LMI subscriber to undergo a credit check or pay a sign–up fee to subscribe to a community solar energy generating system.
A subscriber organization or subscription coordinator shall:
verify the eligibility of an LMI subscriber in accordance with subsection (f)(1)(iv) of this section; and
retain records of each determination of eligibility for an LMI subscriber to be made available to the Commission on request.
A subscriber who a subscriber organization determined was eligible to participate as a low–income or moderate–income subscriber under the pilot program shall remain eligible as an LMI subscriber under the Program.
A community solar energy generating system constructed under the pilot program in a category requiring that at least 30% of its kilowatt–hour output serve low–income or moderate–income subscribers shall continue to serve at least 30% of its kilowatt–hour output to low–income or moderate–income subscribers.
A community solar energy generating system constructed under the pilot program in a category requiring that at least 51% of its kilowatt–hour output serve low–income or moderate–income subscribers shall continue to serve at least 51% of its kilowatt–hour output to low–income or moderate–income subscribers.
A subscriber organization or subscription coordinator may not charge:
a residential subscriber who is not participating in consolidated billing a subscription rate that is more than the monetary value of the bill credit on a bill issued by the electric company to the subscriber for electric service; or
an LMI subscriber a subscription rate that is more than 90% of the monetary value of the bill credit on a bill issued by the electric company to the subscriber for electric service.
A subscriber organization or subscription coordinator that elects for a subscriber to participate in consolidated billing may not set a subscription charge that is more than the monetary value of the bill credit on a bill issued by the electric company to the subscriber.
The developer of a community solar energy generating system with a generating capacity over 1 megawatt, as measured in alternating current, shall ensure that workers are paid not less than the prevailing wage rate determined under Title 17, Subtitle 2 of the State Finance and Procurement Article, unless the community solar energy generating system is subject to a project labor agreement that:
binds all contractors and subcontractors on the community solar energy generating system through the inclusion of specifications in all relevant solicitation provisions and contract documents;
allows all contractors and subcontractors to compete for contracts and subcontracts on the project without regard to whether they are otherwise parties to collective bargaining agreements;
establishes uniform terms and conditions of employment for all construction labor employed on the projects;
guarantees against strikes, lockouts, and similar job disruptions;
establishes mutually binding procedures for resolving labor disputes; and
includes any other provisions negotiated by the parties to promote successful delivery of the community solar energy generating system.
In this section, “eligible customer–generator” has the meaning stated in § 7–306 of this subtitle.
An electric company shall provide meter aggregation for an eligible customer–generator that:
submits a request, in writing, to the electric company for the provision of meter aggregation; and
uses electrical service for agriculture;
is a nonprofit organization;
is a municipal or county government, or an organization affiliated with the municipal or county government;
is a unit of State government; or
is a public senior higher education institution, as defined in § 10–101 of the Education Article.
An electric company shall require an eligible customer–generator that requests meter aggregation under this section to provide written allocation instructions describing how to distribute the eligible customer–generator’s excess generation credits to each account before the commencement of any meter aggregation.
In this section the following words have the meanings indicated.
“Eligible customer–generator” has the meaning stated in § 7–306 of this subtitle.
“Net energy metering” has the meaning stated in § 7–306 of this subtitle.
It is the intent of the General Assembly to transition to a net energy metering program that:
increases benefits to ratepayers by lowering electric system costs through the use of flexible customer–sited renewable energy resources;
provides fair compensation to eligible customer–generators;
is designed to make progress toward meeting the State’s demand–side, energy storage, and clean energy goals; and
provides incentives for the development of distributed generation that are less than the incentives provided by the net energy metering program under § 7–306 of this subtitle.
On or before February 1, 2027, the Commission, by order or regulation, shall approve, as a successor program to the net energy metering program under § 7–306 of this subtitle, a framework for a net energy metering program to begin July 1, 2027, that:
provides incentives for the development of distributed generation to eligible customer–generators under §§ 7–306 and 7–306.3 of this subtitle and community solar energy generating systems under § 7–306.2 of this subtitle;
minimizes ratepayer costs in the short term and in the long term; and
balances, on a statewide basis and across technologies and industry sectors participating in net energy metering:
fair compensation for energy exports; and
the benefits of an eligible customer–generator’s or facility’s reduced load on the electric transmission and distribution system; against
the needs of the transmission and distribution system;
ratepayer costs and benefits; and
potential impacts on customers, including low– and moderate–income customers, who do not participate in the net energy metering program resulting from eligible customer–generators’ reduced contributions to the distribution system.
The Commission shall prioritize the review and approval of applications from a prospective eligible customer–generator for participation in the program implemented under subsection (c) of this section if, at the time the program was implemented, the prospective eligible customer–generator was in the applicable electric company’s interconnection queue for the net energy metering program under § 7–306 of this subtitle.
The program implemented by the Commission under subsection (c) of this section shall be available until the combined total rated generating capacity owned and operated under the net energy metering program under § 7–306 of this subtitle and the net energy metering program implemented under this section reaches 6,000 megawatts.
In this section, “termination of service” means the termination, reduction, or refusal to reinstate gas or electric service, or any other action that has the effect of reducing or denying gas or electric service because of nonpayment.
Subject to paragraph (2) of this subsection, the Commission shall adopt regulations concerning the prohibition against or limitation of authority of a public service company to terminate service for gas or electricity to a low income residential customer during the heating season for nonpayment.
In adopting the regulations required under paragraph (1) of this subsection, the Commission shall consider and may include provisions relating to:
the circumstances under which service may and may not be limited or terminated;
the minimum heating levels required to maintain life, health, and safety;
the medical, age, disabling, or other individual characteristics that are relevant to a prohibition against or limitation on the termination of service;
the availability of and qualification for State and federal energy assistance;
the financial eligibility standards relevant to a prohibition against or limitation on the termination of service;
the availability and appropriateness of equipment designed to limit the flow of service for gas or electricity;
the short-term and long-term alternative payment plans, for appropriate customers whose accounts are in arrears, that are best designed:
to allow present and future continuation of service; and
to encourage full payment over a period of time;
the methods that a public service company might use before and during the heating season to anticipate customer nonpayment, to assist those customers, and to avoid termination of service;
the procedures that a public service company uses to mitigate the problems of termination of service to customers, including customer contact;
the procedure that a public service company shall follow before termination of service to a customer to avoid a threat to life, health, or safety;
the appropriate customer notice before the termination of service;
the appropriate opportunity and procedure for a customer to contest a proposed termination of service;
the existence of other circumstances that because of an emergency, might justify a prohibition against or a limitation on the termination of service; and
the economic implication of any restriction on termination of service.
In accordance with § 2–1257 of the State Government Article, on or before September 1 of each year, the Commission shall report to the General Assembly on terminations of service by public service companies during the previous heating season.
The report shall include information in sufficient detail to indicate the effect of the terminations of service on various categories of customers, including:
income levels;
geographic areas;
energy assistance recipients; and
any other category that the Commission determines is relevant to evaluate how the State may best address the problem of assuring adequate gas and electric service for low income residential customers.
A public service company may not terminate electric or gas service to a residential customer in a designated weather station area because of nonpayment on a day for which the forecasted high temperature is 32 degrees Fahrenheit or below in that weather station area.
A public service company may not terminate electric service to a residential customer in a designated weather station area because of nonpayment on a day for which the forecasted temperature is 95 degrees Fahrenheit or above in that weather station area.
The Commission shall require each public service company that provides electric or gas service to designate and file with the Commission designated weather station areas within its service territory for use in administering the restrictions on weather–related terminations under subsections (a) and (b) of this section.
This section may not be construed to limit the authority of the Commission to adopt, by regulation or order, additional limitations and conditions on termination of electric or gas service that are more protective of consumers.
The Commission shall adopt regulations to carry out this section.
This section applies only to property subject to a condominium regime established under Title 11 of the Real Property Article.
Notwithstanding any other law, if a public service company bills the governing body of a condominium or a person designated by the governing body of a condominium for electric, gas, or water service for all or a portion of the units in a condominium property, and the charge for service is in arrears for at least 60 days, the public service company shall post notice conspicuously at or near the entry to the common area of the condominium.
The public service company may enter onto the common area of a condominium property at a reasonable time to post the notice required under this section.
A public service company that intends to terminate, because of nonpayment, electric or gas service to a customer of the service to a multifamily dwelling unit shall notify the property owner or property manager of the multifamily dwelling unit before terminating service to the customer if the public service company has received the customer’s consent that designates the property owner or property manager as a third–party authorized to receive a notice of termination of services.
As a term of a lease of a multifamily dwelling unit, the property owner or property manager of the multifamily dwelling unit may require a tenant to ensure that a customer of the public service company that is responsible for the account for that multifamily dwelling unit provides consent for the property owner or property manager to receive a notice of termination of services as a result of nonpayment by the customer.
A customer’s consent may be provided to a public service company by:
the customer; or
if the consent is written, the property owner or property manager of the multifamily dwelling unit.
Each public service company shall set up a procedure for handling the third–party notification process in a manner best suited to the circumstances of the particular public service company.
Nothing in this section may be construed to prevent any other form of third–party notification that a customer may request.
The Commission may adopt regulations to carry out this section.
In this section the following words have the meanings indicated.
“Eligible residential customer” means a residential electric or gas customer who is:
employed by the federal or State government or a local government in the State; and
involuntarily furloughed from work without pay because of a government shutdown, regardless of whether the employee is required to report to work during the furlough.
“Government shutdown” means a government shutdown that:
occurs when government funding is unavailable to operate the governmental activities due to the lack of a legislative appropriation or a continuing resolution; and
lasts for a period that exceeds 7 consecutive days.
A public service company may not terminate electric or gas service to an eligible residential customer for nonpayment on a day that a government shutdown is in effect and for 7 days after the government shutdown has ended if the customer contacts the public service company before the date of termination to:
provide verification that the customer is an employee of the federal, State, or local government affected by the government shutdown; and
enter into a payment plan to pay any outstanding amount on the customer’s account after the government shutdown ends.
The Commission may adopt regulations to implement this section.
In this section, “natural gas vehicle” means a vehicle operated on a public road and powered by natural gas.
The sale by any person of natural gas that is received from a public service company for use as a motor fuel in a natural gas vehicle is not subject to regulation by the Commission.
A person that sells natural gas received from a public service company for use as a motor fuel in a natural gas vehicle is not considered a public service company for purposes of this article.
This section does not apply to electric cooperatives.
In this section the following words have the meanings indicated.
“Affected dwelling unit” means a dwelling unit, as defined in § 7–303 of this subtitle, where the utility service:
is in the landlord’s name;
is delivered through a single meter to a single dwelling unit; and
does not use a master meter.
“Co–occupant” means two or more adults who occupy the same dwelling unit as their primary domicile or legal residence within the State.
“Landlord” means an owner of an affected dwelling unit who leases the affected dwelling unit to a tenant.
“Tenant” means an occupant of an affected dwelling unit who:
has a valid oral or written lease to reside in the affected dwelling unit; and
is not a co–occupant with the landlord in the affected dwelling unit.
“Utility service” means gas or electric service provided to an affected dwelling unit by a public service company that is regulated by the Commission.
“Utility service provider” means a public service company that:
provides gas or electric service; and
is regulated by the Commission.
If utility service at an affected dwelling unit is subject to the threat of termination or actual termination, a tenant residing in the affected dwelling unit:
may apply for a new utility service account in the tenant’s name; and
may not incur liability for charges due on the landlord’s account.
Subject to paragraphs (2) and (3) of this subsection, when a tenant applies for a new utility service account under subsection (c)(1) of this section, a utility service provider shall establish a new utility service account for the affected dwelling unit in the name of the tenant if the tenant meets the requirements of all applicable laws, regulations, and tariffs.
A utility service provider may, in accordance with applicable laws, regulations, and tariffs, require a tenant to pay a deposit and past due balances from previous accounts in the tenant’s name before establishing a new utility service account in the tenant’s name.
A utility service provider may not refuse or otherwise condition a tenant’s ability to establish a new utility service account in the tenant’s name because of arrearages on the landlord’s account.
Notwithstanding any other law governing the protection of customer information, if the billing address for a utility service account is different from the service address for the same utility service account and a utility service provider sends a termination notice to the billing address, the utility service provider shall:
send a termination notice to the service address by first–class mail or post a termination notice in a conspicuous location at the service address at least 14 days before terminating utility service to the affected dwelling unit;
ensure that the notice contains:
the earliest date that service will be terminated; and
the telephone number the tenant may call to obtain further information;
address the notice to “All Occupants”; and
enclose the notice in an envelope that states on the address side, in bold, capitalized letters in at least 12–point type, the following: “IMPORTANT NOTICE TO ALL OCCUPANTS: UTILITY TERMINATION PENDING”.
If the billing address for a utility service account is the same as the service address for the same utility service account and the utility service provider sends a termination notice, the notice shall be enclosed in an envelope, the address side of which shall have a written notice stating in bold, capitalized letters in at least 12–point type, the following: “IMPORTANT NOTICE TO ALL OCCUPANTS: UTILITY TERMINATION PENDING”.
A tenant may deduct from rent due to a landlord the amount of payments made to a utility service provider in accordance with § 8–212.3 of the Real Property Article.
In a rate proceeding filed under Title 4, Subtitle 2 of this article, the Commission shall authorize the full and timely cost recovery of a utility service provider’s prudently incurred costs arising from its obligations under this section.
In this section, “Fund” means the Education and Protection Fund.
There is an Education and Protection Fund.
The purpose of the Fund is to provide resources to improve the Commission’s ability to:
educate customers on:
retail electric and gas choice; and
energy choices that help meet the State’s climate commitments under § 7–319 of this subtitle and § 2–1204.2 of the Environment Article;
protect customers from unfair, false, misleading, or deceptive practices by electricity suppliers, energy salespersons, energy vendors, or gas suppliers; and
develop a training and educational program for electricity suppliers, gas suppliers, energy salespersons, and energy vendors as provided under § 7–311 of this subtitle.
The Commission shall administer the Fund.
The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
The Fund consists of:
revenue distributed to the Fund under § 13–201(e)(3) of this article;
money appropriated in the State budget to the Fund; and
any other money from any other source accepted for the benefit of the Fund.
The Fund may be used only to:
educate retail electric or gas customers on retail choice and energy choices that help to meet the State’s climate commitments under § 7–319 of this subtitle and § 2–1204.2 of the Environment Article;
improve customer protections for retail electric or gas customers; and
develop a training and educational program for electricity suppliers, gas suppliers, energy salespersons, and energy vendors as provided under § 7–311 of this subtitle.
The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
Any investment earnings of the Fund shall be credited to the General Fund of the State.
Expenditures from the Fund may be made only in accordance with the State budget.
The Commission shall develop a training and educational program for any entity or individual that is licensed by the Commission as an electricity supplier, a gas supplier, an energy salesperson, or an energy vendor.
The Commission shall develop the program in consultation with interested stakeholders, including electricity suppliers, gas suppliers, energy salespersons, and energy vendors.
The program shall require that a designated representative of each licensed electricity supplier, licensed gas supplier, licensed energy vendor, or licensed energy salesperson demonstrate a thorough understanding of the Commission’s regulations regarding:
sales;
consumer protection; and
any other matter the Commission deems appropriate.
At the conclusion of the training, the Commission shall:
conduct an examination; and
on a satisfactory score, certify that the designated representative of the licensed electricity supplier, licensed gas supplier, licensed energy salesperson, or licensed energy vendor has successfully completed the training.
The Commission shall determine the schedule and frequency by which a designated representative of a licensed electricity supplier, licensed gas supplier, licensed energy salesperson, or licensed energy vendor must complete the training and certification.
A designated representative of a new electricity supplier, gas supplier, energy salesperson, or energy vendor shall complete the training and certification prior to the issuance of a license.
The Commission may adopt regulations that include appropriate penalties or sanctions for failure to comply with this section.
The Commission shall use the following funding sources for the initial development of the training and educational program:
the assessments collected in accordance with § 2–110 of this article; or
funds deposited into the Education and Protection Fund in accordance with § 7–310 of this subtitle.
The Commission may establish reasonable fees to pay for the costs of the program.
On request of a retail electricity customer, an electric company shall provide to the customer the historic usage and billing information for the customer’s account for not less than the preceding 12 months.
The electric company shall make the information under subsection (a) of this section available to the customer in one of the following forms, as requested by the customer:
information accessible to the customer on the electric company’s website;
information provided electronically to the customer in a searchable PDF format; or
a physical document sent to the customer at the customer’s billing address.
In this section the following words have the meanings indicated.
“Gas service regulator” means an instrument that:
is installed to a meter inlet to control the gas pressure being introduced into a structure; and
includes a relief valve to vent excess gas to the outside atmosphere if the pressure of the regulated gas exceeds a specified pressure.
“Multifamily residential structure” means a building containing six or more dwelling units, including:
an apartment house;
a boarding house;
a convent;
a dormitory;
a fraternity or sorority house;
a hotel or motel;
a monastery;
a vacation time–share property;
a condominium, as defined in § 11–101 of the Real Property Article; and
a cooperative project, as defined in § 5–6B–01 of the Corporations and Associations Article.
Whenever gas service is newly installed at an occupied structure, a gas service regulator may be installed only outside the structure.
Any existing gas service regulator that is installed in the interior of a multifamily residential structure shall be relocated to the outside of the structure whenever the gas service line or regulator is replaced.
On or before January 1, 2022, a gas company shall file a plan with the Commission to relocate any gas service regulator that provides service to a multifamily residential structure.
On or before January 1, 2023, the Commission shall issue a final order approving or disapproving a gas company’s plan submitted under paragraph (3) of this subsection to relocate any gas service regulator after considering:
the number of gas service regulators designated for relocation in the gas company’s service territory;
the availability of qualified personnel to safely relocate gas service regulators;
the engineering and permitting challenges within the gas company’s service territory;
a schedule for relocating gas service regulators that is consistent with the public interest;
any other gas company programs, innovations, initiatives, priorities, or investments that improve the safety or reliability of the gas system;
any other factor identified by the Commission; and
whether the gas company has:
made every reasonable effort to expeditiously address any factors that may contribute to a delay in relocating gas service regulators; and
committed to a reasonable implementation timeline that does not unduly delay regulator relocation.
If the Commission issues an order approving a gas company’s plan, the order shall include any conditions of approval that the Commission requires.
If the Commission issues an order disapproving a gas company’s plan, the gas company shall submit a new plan to the Commission within 60 days after the Commission issues the disapproval.
The Commission may exempt a gas service regulator from the requirements of this subsection if the Commission finds that an exemption is warranted after considering:
whether granting the exemption is consistent with the public interest;
conflicts with federal, State, or local laws or regulations;
physical obstructions or space constraints;
any other factor identified by the Commission; and
whether the gas company has:
made every reasonable effort to expeditiously address any factor that may contribute to a delay in relocating gas service regulators; and
committed to a reasonable implementation timeline that does not unduly delay regulator relocation.
The Commission may delegate the authority to grant exemptions under this subsection to the Commission’s technical staff division.
A gas service regulator shall be installed away from roads, driveways, parking areas, or other locations exposed to vehicular traffic or other external forces that may damage the gas service regulator.
If it is impractical to install a gas service regulator in accordance with paragraph (1) of this subsection, guards shall be installed to protect the gas service regulator from external forces that may damage the gas service regulator.
Guards may consist of posts, bollards, railings, or any other safety structure that will prevent damage to the gas service regulator.
Subject to paragraph (2) of this subsection, on or before February 1, 2023, and each year thereafter, a gas company shall report to the Commission on progress through the end of the immediately preceding calendar year on the implementation of the plan approved under subsection (b) of this section.
This subsection may not be construed to apply to a gas company that has fully implemented an approved plan under subsection (b) of this section.
On or before March 1 each year, beginning in 2023, the Commission shall provide a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on each gas company’s progress in relocating gas service regulators in accordance with this section.
This section applies to electric companies, electric cooperatives, and municipal utilities that offer customer choice for competitive electricity supply under Subtitle 5 of this title.
A residential electric customer who has a change in the service address associated with the customer’s electricity account may maintain the customer’s competitive electricity supply contract for the new address if the new address is within the same electric territory as the old address.
An electric company may not terminate a customer’s contract due to a change of address for the service address associated with the contract if the requirements under subsection (b) of this section are met.
An electric company shall make any changes necessary to accommodate a customer’s change of address on notification by the customer.
In this section, “residential energy retailer” includes:
an electricity supplier that supplies electricity to residential retail electric customers;
a gas supplier that supplies gas to residential retail gas customers;
an energy salesperson; and
an energy vendor.
“Residential energy retailer” does not include:
the Department of General Services when the Department of General Services sells energy under § 7–704.4 of this title;
a community choice aggregator under § 7–510.3 of this title;
an electricity supplier when supplying electricity to commercial retail electric customers; or
a gas supplier that supplies gas to commercial retail gas customers.
The Commission may adopt regulations to:
require a residential energy retailer to post notices and disclosures required under this title on the retailer’s website:
in a prominent location;
using at least a certain minimum font size; and
in a format approved by the Commission; and
require or prohibit the use of specific language in a residential energy retailer’s marketing materials, disclaimers, disclosures, and legal documents, including requiring or prohibiting the use of specific language based on service or product type.
The Commission shall require a residential energy retailer to post on the retailer’s website, in clear and unambiguous language:
the terms and conditions of the residential services and products sold by the retailer; and
an environmental disclosure, in a format required by the Commission, for the residential services and products sold by the retailer.
In this section, “marketing” does not include materials to educate or inform a retail customer about standard offer service, default gas commodity service, or customer choice.
Except as provided in subsection (d) of this section, an electric company or a gas company may not recover through its rates any costs associated with marketing its services.
An electric cooperative may recover through its rates any costs associated with marketing its services, including the costs associated with materials that educate or inform a retail customer about standard offer service or customer choice.
The Commission may, by regulation, adopt criteria for reviewing marketing and other communication materials of an electric company or a gas company to determine whether the cost of the materials may be recovered through the company’s rates.
Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, beginning July 1, 2025, a person may not engage in the business of an energy salesperson in the State unless the person holds a license issued by the Commission.
A licensed energy salesperson may offer or sell electricity supply agreements or gas supply agreements to customers in the State only if the energy salesperson is associated with a licensed electricity supplier or licensed gas supplier, respectively.
An application for an energy salesperson license shall:
be made to the Commission in writing on a form adopted by the Commission;
be verified by oath or affirmation; and
contain information that the Commission requires, including:
proof of association with a licensed electricity supplier or licensed gas supplier, as appropriate;
proof of compliance with all applicable training requirements for customer protection under this subtitle and Subtitles 5 and 6 of this title as required by the Commission; and
payment of the applicable licensing fee.
The term of an energy salesperson license is 3 years.
The terms of licenses may be staggered as determined by the Commission.
Subject to subparagraph (v) of this paragraph, unless a license is renewed for a 3–year term in accordance with this subsection, the license expires on the date that the Commission sets.
A licensee may renew a license for a 3–year term before the license expires if the licensee:
otherwise is entitled to be licensed;
submits to the Commission a renewal application on the form that the Commission provides; and
pays to the Commission the applicable renewal fee set by the Commission.
A licensee may continue to provide services as an energy salesperson after the licensee’s license expires if the licensee’s renewal application is submitted to the Commission before the license expires.
The Commission shall, by regulation or order:
require proof of financial integrity;
require a licensee to post a bond or other similar instrument if, in the Commission’s judgment, the bond or similar instrument is necessary to ensure an energy salesperson’s financial integrity; and
adopt any other requirements the Commission finds to be in the public interest.
A license issued under this section may not be transferred without prior Commission approval.
Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, beginning July 1, 2025, a person may not engage in the business of an energy vendor in the State unless the person holds a license issued by the Commission.
An application for an energy vendor license shall:
be made to the Commission in writing on a form adopted by the Commission;
be verified by oath or affirmation; and
contain information that the Commission requires, including payment of the applicable licensing fee.
The term of an energy vendor license is 3 years.
The terms of licenses may be staggered as determined by the Commission.
Unless a license is renewed for a 3–year term in accordance with this subsection, the license expires on the date that the Commission sets.
A licensee may renew a license for a 3–year term before the license expires if the licensee:
otherwise is entitled to be licensed;
submits to the Commission a renewal application on the form that the Commission provides; and
pays to the Commission the applicable renewal fee set by the Commission.
The Commission shall, by regulation or order:
require proof of financial integrity;
require a licensee to post a bond or other similar instrument if, in the Commission’s judgment, the bond or similar instrument is necessary to ensure an energy vendor’s financial integrity; and
adopt any other requirements the Commission finds to be in the public interest.
A license issued under this section may not be transferred without prior Commission approval.
In this section, “low–emissions housing” means housing that is engineered to or uses measures that reduce greenhouse gas emissions.
There is a Green and Healthy Task Force.
The Task Force consists of the following members:
two members of the Senate of Maryland, appointed by the President of the Senate;
two members of the House of Delegates, appointed by the Speaker of the House;
the Secretary of Housing and Community Development, or the Secretary’s designee;
the Secretary of Human Services, or the Secretary’s designee;
the Director of the Maryland Energy Administration, or the Director’s designee;
one representative of the Office of People’s Counsel; and
as appointed by the chair of the Task Force:
one representative of the Maryland Affordable Housing Trust;
one representative of the Green and Healthy Homes Initiative;
one representative of Maryland Energy Efficiency Advocates;
one member who is an expert in public health;
one member from a community concerned with environmental justice;
one member who owns or develops affordable housing;
one member who has received assistance from a low–income program that delivers energy efficiency measures; and
other members as determined by the chair of the Task Force.
The Secretary of Housing and Community Development, or the Secretary’s designee, shall serve as chair of the Task Force.
The Department of Housing and Community Development shall provide staff for the Task Force.
A member of the Task Force:
may not receive compensation as a member of the Task Force; but
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Task Force shall:
beginning July 1, 2023, meet quarterly for a period of 3 years;
advance the alignment, branding, and coordination of resources to more effectively deliver green and healthy housing for low–income households in the State;
examine the public and private resources needed to address the housing needs of low–income communities;
develop policy and statutory recommendations to eliminate barriers to low–income households achieving healthy, energy–efficient, affordable, and low–emissions housing; and
engage with interested parties and collaborate with other entities that can help advance the goals of the Task Force, including experts in the field of healthy, energy–efficient, and low–emissions housing.
On or before July 1, 2024, and each July 1 through 2027, the Task Force shall report its findings and recommendations to the Secretary of Health, the Secretary of the Environment, the Commission, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
This section applies only to residential rooftop solar energy generating systems.
A seller or lessor of residential rooftop solar energy generating systems shall:
provide to the buyer or lessee a 5–year full warranty on the installation and component parts of the system;
include any manufacturer’s warranties for any of the products or components of the system;
inform the buyer or lessee of the minimum level of weather–adjusted energy production the buyer or lessee may expect from the system; and
certify, in writing, that installation of the system is compliant with all federal, State, and local laws regarding workmanship and that the solar panels, inverters, racking systems, and all other components meet the minimum standards for product design.
The Maryland Department of Labor shall:
develop a special solar contractor license for the installation and maintenance of residential rooftop solar energy generating systems; and
establish minimum qualifications for individuals installing and maintaining residential rooftop solar energy generating systems.
A seller or lessor who violates the requirements of this section shall pay a fine not exceeding $1,000 for each violation.
In this section, “portable solar energy generating system” means a movable photovoltaic solar energy generation device that is:
designed to be connected to a building’s electrical system through a standard electrical outlet;
primarily intended to offset part of the building’s electricity consumption;
limited to supplying a maximum power output of not more than 1,200 watts back to the electric system of the building; and
certified by Underwriters Laboratory or an equivalent nationally recognized testing laboratory.
A person may purchase and install not more than one portable solar energy generating system per electric meter for residential use only.
A portable solar energy generating system:
is not subject to the requirements of §§ 7–306 and 7–306.1 of this subtitle;
is not eligible for inclusion in meeting the renewable energy portfolio standard; and
may not generate renewable energy credits of any type.
An electric company:
may not require a customer using a portable solar energy generating system to:
obtain the electric company’s approval before installing or using the portable solar energy generating system;
pay any fee or charge related to the portable solar energy generating system’s ability to feed electricity back into the electric system; or
except as provided in subsection (e) of this section, install any additional controls or equipment beyond what is integrated into the portable solar energy generating system; and
is not liable for any damage caused by a portable solar energy generating system.
A customer using a portable solar energy generating system shall:
notify the electric company providing service in the service territory in which the generating system will be installed before installation;
provide to the electric company providing service in the service territory in which the generating system will be or is installed a certification of the safety features and maximum generating capacity of the generating system; and
if the generating system requires an automatic locking disconnect switch to be installed, pay for the switch installation.
A portable solar energy generating system that has a maximum power output to a standard electrical outlet of not more than 391 watts is exempt from product listing provisions from Underwriters Laboratory or an equivalent nationally recognized testing laboratory that would require alterations to the building’s premises, wiring, or electrical panels.