# COMAR Title 08 — Department of Natural Resources

## Subtitle 13 — Energy and Coastal Zone Administration

### Chapter 01 — Power Plant Siting Program

**Authority:** Natural Resources Article, §3-303, Annotated Code of Maryland

**Administrative History:** Effective date: February 1, 1974

**Administrative History:** Regulation .01D amended effective February 25, 1985 (12:4 Md. R. 359)

#### Regulation .01 Definitions.

*COMAR 08.13.01.01*

A. “Detailed proposal” means a concise and professional technical discussion and work plan, cost estimate, identification of key personnel designated to carry out the work, and documentation of previous experience in pertinent areas.

B. “Duplicated data or material” means data for a given site that has been collected independently by both the State and the electric companies where a single, unified effort to collect this data would, within reason, have served both parties. It may not be interpreted as duplication if federal regulations require independent studies by applicants and the cognizant federal agency has ruled it will not accept the studies carried out by the Maryland Power Plant Siting Program.

C. “Highest quality” means that a consensus of knowledgeable and experienced scientists and responsible decision makers would support the findings and conclusions resulting from the data collection and data analysis of a research project.

D. “Impartial panel” means a group of individuals chosen by the company to evaluate the contractors, including at least one staff member of the Maryland Power Siting Program (MPPSP) selected by MPPSP. Any member of Maryland's Power Plant Environmental Research Guidance Committee, Site Evaluation Team, and Monitoring Team requested to serve will be an ex officio member with advisory status.

E. “Real-time access” means access to the data as it is collected, without the requirement to await its interpretation or publication. This data, when clearly labeled as unvalidated by the company, will not be published or used as scientific evidence.

F. “Research projects” means any studies which are under the parameter of Natural Resources Article, §3-303, Annotated Code of Maryland.

#### Regulation .02 Guidelines for Research Reimbursement.

*COMAR 08.13.01.02*

A. Purpose. This regulation provides guidelines to the State's electric companies for preparation of requests for reimbursement for environmental research specifically required to satisfy application and permit requirements by federal, State, and local regulatory agencies under the Natural Resources Article, §3-302, Annotated Code of Maryland (hereinafter “the Act”). The objective of §3-302 of the Act is to coordinate environmental research with respect to power plant siting in order to prevent the dissipation of money, time, and effort and in order to ensure that the environmental research subject to reimbursement is required, useful, and of the highest quality.

B. Policy.

  (1) The electric company shall submit its request for reimbursement to the Secretary of Natural Resources at least 90 days before the proposed research project is to begin. A request for reimbursement for a research project shall indicate that:

    (a) When possible, three independent contractors' detailed proposals for the proposed research project were evaluated by the electric company;

    (b) The contractor selected was recommended by an impartial panel;

    (c) Applicable data, information, or reports, not requiring updating or revision, are not available to the company which would serve the same purpose as the proposed research project;

    (d) The electric company will take responsibility and pay from its own funds for any duplicated data or materials;

    (e) The electric company gives a real-time access to the data collected to the Power Plant Siting Program.

  (2) The reimbursement request shall include a research project plan setting forth a well-defined scope of work, objectives, methodology, and cost ceiling, if possible; otherwise, estimate of man-days and notice of charge rate. The Secretary of Natural Resources shall notify the electric company within 60 days thereafter whether he rejects or accepts the reimbursement request. The request may be rejected by the Secretary on the grounds that the research will dissipate money, time, and effort unnecessarily or is a duplication of other environmental research work already being undertaken. If the reimbursement request is accepted, it will be submitted by the Secretary of Natural Resources in the next annual budget. Any reimbursement pursuant to the Natural Resources Article, §3-301, Annotated Code of Maryland, is contingent upon the funds being approved by the Legislature. On an approved long-range research project extending beyond a year, which receives Legislative approval, payment will be made for funds expended during the previous fiscal year. Payment will be reduced to certain companies by that percentage of revenue not paid by the company to the Environmental Trust Fund for electricity generated in Maryland.

C. Supplementary Guidelines. The Secretary of Natural Resources, after examining the reimbursement research proposals and agency procedures with respect to the reimbursement research proposals, will issue any supplements to these guidelines that are necessary.

### Chapter 02 — Pollinator-Friendly Designation of Solar Generation Facilities

**Authority:** Natural Resources Article, §§3-303 and 3-303.1, Annotated Code of Maryland

**Administrative History:** Effective date: March 23, 2020 (47:6 Md. R. 341)

#### Regulation .01 Scope.

*COMAR 08.13.02.01*

This chapter applies only to a solar generation facility that contains photovoltaic cells for the purpose of generating electricity, is ground-mounted, and is at least 1 acre in size.

#### Regulation .02 Definitions.

*COMAR 08.13.02.02*

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

  (1) “Designation” means a letter in writing from the Department establishing that a solar generation facility is pollinator-friendly.

  (2) “Facility” means the geographic area that is occupied by permanently installed solar generation equipment, including buffers or security areas under the management of the operator of the solar generation facility.

  (3) “Owner” means a person that owns the solar generation facility.

#### Regulation .03 Designation Process.

*COMAR 08.13.02.03*

A. Application.

  (1) To apply for a pollinator-friendly designation, the owner of the solar generation facility shall submit:

    (a) A completed application on a form provided by the Department; and

    (b) A pollinator habitat plan.

  (2) Additional Information.

    (a) If the Department requests an applicant to submit additional information related to the application, the applicant shall submit the requested information to the Department within 30 days of the Department’s request.

    (b) Failure to submit the additional information within 30 days of the Department’s request shall result in termination of the application.

B. On-Site Inspection.

  (1) Upon notification from the Department that the solar generation facility’s application meets the application requirements, the owner of the solar generation facility shall implement the approved pollinator habitat plan.

  (2) After the approved pollinator habitat plan has been implemented, the owner shall:

    (a) Have a Department-approved inspector conduct an on-site inspection of the facility in accordance with §B(3) of this regulation; and

    (b) Forward the results from the inspection to the Department within 30 days of the inspection.

  (3) Any on-site inspection shall include:

    (a) A final score calculation for the facility using the Solar Site Pollinator Habitat Planning and Assessment Scorecard adopted by the Department in accordance with Natural Resources Article, §3-303.1, Annotated Code of Maryland;

    (b) A written evaluation of whether the facility is planted and managed in accordance with the approved pollinator habitat plan; and

    (c) Any other factors or elements that the Department requires.

C. The Department may issue a designation to the owner if the results of the on-site inspection indicate that the facility:

  (1) Meets the minimum standards established on the Solar Site Pollinator Habitat Planning and Assessment Scorecard; and

  (2) Is planted and managed in accordance with the approved pollinator habitat plan.

#### Regulation .04 Pollinator Friendly Designation.

*COMAR 08.13.02.04*

A. A designation is valid for 2 years after the date of issuance.

B. The owner of a pollinator-friendly solar generation facility shall:

  (1) Properly maintain the facility in accordance with the facility’s approved pollinator habitat plan;

  (2) Comply with the conditions of the designation;

  (3) Make the facility’s pollinator habitat plan available to the Maryland, DC, and Virginia Solar Energy Industries Association or other nonprofit solar industry trade associations; and

  (4) Notify the Department of any change in contact information for the solar generation facility within 30 days of the change, on a form provided by the Department.

C. The Department may revoke a designation if the facility is not managed or maintained in accordance with:

  (1) A provision of Natural Resources Article, §3-303.1, Annotated Code of Maryland;

  (2) A provision of the facility’s approved pollinator habitat plan; or

  (3) A condition of the designation.

D. Renewal of a Designation.

  (1) A designation may be renewed in accordance with this section if the results of an on-site renewal inspection indicate that the facility:

    (a) Meets the minimum standards established on the Solar Site Pollinator Habitat Planning and Assessment Scorecard; and

    (b) Is being managed in accordance with the approved pollinator habitat plan.

  (2) To renew a pollinator-friendly designation, the owner of the solar generation facility shall:

    (a) Have an inspector complete an on-site renewal inspection of the facility;

    (b) Forward the results of the renewal inspection to the Department; and

    (c) Submit a renewal request on a form provided by the Department.

  (3) A renewal request shall:

    (a) Be submitted within 90 days of the expiration of the designation;

    (b) Include a Solar Site Pollinator Habitat Planning and Assessment Scorecard completed by the on-site renewal inspector; and

    (c) Include a written evaluation by the inspector indicating the land is planted and managed in accordance with the facility’s approved pollinator habitat plan.

E. Pollinator Habitat Plan Modification.

  (1) The Department may approve a modification to a solar generation facility’s pollinator habitat plan if the owner of a solar generation facility submits a written request to modify its pollinator habitat plan to the Department.

  (2) Additional Information.

    (a) If the Department requests an applicant to submit additional information related to the requested modification, the owner shall submit the requested information to the Department within 30 days of the Department’s request.

    (b) Failure to submit the additional information within 30 days of the Department’s request shall result in termination of the Department’s review of the requested modification.

### Chapter 03 — Coastal Facilities Review

*Transferred to Title 26 Department of the Environment*

### Chapter 04 — Operation and Reclamation of Bituminous Coal Strip Mines

*Transferred to Title 26 Department of the Environment*