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<regulation prefix="Regulation" num=".09" citation="COMAR 20.50.14.09" title_num="20" subtitle_num="50" chapter_num="14" heading="Stakeholder Engagement and Participation Requirements for Front-Of-The-Meter Energy Storage Devices.">
  <paragraph num="A.">
    <text>General Stakeholder Engagement and Participation Requirements Under Public Utilities Article, §7-219(c) and (d), Annotated Code of Maryland.</text>
    <paragraph num="(1)">
      <text>The applicant or electric company, for a utility-owned energy storage device, shall provide immediate notice to affected communities on submission of an application for approval of the construction of a front-of-the-meter energy storage device to:</text>
      <paragraph num="(a)">
        <text>The governing body of each county or municipal corporation in which any portion of the energy storage device is to be constructed;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The governing body of each county or municipal corporation within 1 mile of the proposed location of the energy storage device;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Each member of the General Assembly representing any part of a county in which any portion of the energy storage device is proposed to be constructed;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Each member of the General Assembly representing any part of a county within 1 mile of the proposed location of the energy storage device; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The affected communities that are within 1 mile of the proposed location of the energy storage device.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The applicant or electric company, for a utility-owned energy storage device, shall:</text>
      <paragraph num="(a)">
        <text>Hold at least two public meetings in the affected community if the proposed location of the front-of-the-meter energy storage device is in an area considered to be an overburdened community or underserved community.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be exempt from meeting the requirements of §A(2)(a) of this regulation if an owner of a proposed front-of-the-meter energy storage device is located within the boundaries of an existing electricity generating station.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Stakeholder Engagement and Participation for Proposed Energy Storage Devices with 20 Megawatt-Hours or Greater Energy Storage Device Capacity Total Sited Per Parcel.</text>
    <paragraph num="(1)">
      <text>This section applies to an applicant or electric company, for a utility-owned energy storage device, with proposed energy storage devices greater than or equal to 20 megawatt-hours storage capacity total sited per parcel regardless of energy storage device technology.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A minimum of 90 days prior to submitting an application for enrolling in an initiative or prior to filing for a zoning variance or permits, whichever is earlier, an applicant or electric company, for a utility-owned energy storage device, shall take the following steps to engage and consult with the county or municipal corporation in which any portion of the energy storage device is proposed to be located.</text>
      <paragraph num="(a)">
        <text>Submit to the affected county or municipal corporation and each owner of land on which the energy storage device is located and owner of adjacent land, a conceptual site plan for the energy storage device.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Submit to the affected county or municipal corporation a request for a meeting. The applicant shall make a good faith effort to meet with the staff of the affected county or municipal corporation.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Submit to the affected county or municipal corporation a request for a preliminary report containing the following:</text>
        <paragraph num="(i)">
          <text>A statement or finding whether the proposed energy storage device is consistent with the current comprehensive plan of the county or municipal corporation;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A statement or finding whether the proposed energy storage device is consistent with the current zoning ordinance of the county or municipal corporation; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Suggestions for improving or modifying the application prior to submission of the application to the initiative administrator.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>If the applicant or electric company, for a utility-owned energy storage device, makes any material changes to the energy storage device as submitted to the administrator under this regulation, the applicant shall provide notice of the changes to the county or municipal corporation in which any portion of the energy storage device is proposed to be located.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The applicant shall submit to the Department of Natural Resources Power Plant Research Program any report or other information received on their energy storage device from the county or municipal corporation in which any portion of the energy storage device is proposed to be located before filing an application for enrollment in an initiative or submits an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The applicant or electric company, for a utility-owned energy storage device, shall, a minimum of 60 days prior to filing an application for enrollment, submitting an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative, or prior to filing for a zoning variance or permits, whichever is earlier, meet with affected communities for the purposes of public engagement and participation. The applicant or electric company, for a utility-owned energy storage device, shall provide 14 days’ notice to affected communities and:</text>
      <paragraph num="(a)">
        <text>If the proposed location of the front-of-the-meter energy storage device is in an area considered to be an overburdened community or underserved community, the applicant or electric company, for a utility-owned energy storage device, shall hold at least two public meetings in the affected community; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An owner of a proposed front-of-the-meter energy storage device that is located within the boundaries of an existing electricity generating station shall be exempt from meeting the requirements of §B(3)(a) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The applicant or electric company, for a utility-owned energy storage device, shall submit to the Commission any report received on their energy storage device from the affected communities in which any portion of the energy storage device is proposed to be located including the following information:</text>
      <paragraph num="(a)">
        <text>A description of the time, place, and manner in which the applicant held the public meeting with members of the affected communities;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A description of the manner in which the applicant provided notice to the affected communities of the proposed public meeting with members of the affected communities;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A copy of any meeting sign-in sheet voluntarily indicating persons of interest; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A description of any terms, incentives, or resolutions reached between the applicant and the affected communities.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Affected communities including residential individuals, organizations, affected county or municipal corporations may also file information with the Commission on their position supporting, opposing, or requesting modifications to a front-of-the-meter energy storage device.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The applicant or electric company, for a utility-owned energy storage device, may respond within 30 days of the Commission’s receipt of such information from affected communities, residential individuals, organizations, affected counties or municipal corporations.</text>
    </paragraph>
  </paragraph>
</regulation>