Chapter 02. Pollinator-Friendly Designation of Solar Generation Facilities
Regulation .01 Scope.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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 annotations
Authority: Natural Resources Article, §§3-303 and 3-303.1, Annotated Code of Maryland
History: Effective date: March 23, 2020 (47:6 Md. R. 341)