# COMAR Title 20 — Public Service Commission

## Subtitle 61 — Renewable Energy Portfolio Standard Program

### Chapter 05 — Maryland Strategic Energy Investment Fund

**Authority:** Public Utilities Article, §§2-121, 5-101, and 7-701—7-713, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 2007 (33:26 Md. R. 1999)

**Administrative History:** Regulation .01 amended effective September 20, 2010 (37:19 Md. R. 1285)

**Administrative History:** Regulation .01B amended effective July 10, 2023 (50:13 Md. R. 514)

**Administrative History:** Regulation .01B, C amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)

**Administrative History:** Regulation .02B, C amended effective September 20, 2010 (37:19 Md. R. 1285)

#### Regulation .01 General Provisions.

*COMAR 20.61.05.01*

A. The Administration shall administer the Fund.

B. Eligibility Criteria for Projects Supported by the Fund.

  (1) Except under §B(3) of this regulation, a project supported by the Fund shall be designed to support the creation of new Tier 1 renewable energy sources in Maryland. For purposes of this section, support may include grants for workforce development programs authorized under Labor and Employment Article, §11-708.1(c)(1), Annotated Code of Maryland.

  (2) Additional project evaluation criteria may include the following:

    (a) Technical feasibility of the project;

    (b) Technical capabilities and experience of the developer;

    (c) Financial capabilities of the developer;

    (d) Environmental impacts resulting from the construction and operation of the project;

    (e) Socioeconomic impacts associated with the construction and operation of the project;

    (f) Fuel diversity added to the portfolio of projects supported by the Fund as a whole;

    (g) Economic feasibility of the project;

    (h) Economic benefits to Maryland;

    (i) Job training and workforce development opportunities associated with the project; and

    (j) Other evaluation criteria as may be appropriate.

  (3) Monies in the Fund derived from compliance fees collected from a shortfall in meeting the required Tier 1 solar renewable energy portfolio standard under Public Utilities Article, §7-705, Annotated Code of Maryland, shall only be designated to support the creation of Level 1 and Level 2 solar renewable energy facilities.

#### Regulation .02 Annual Report to the Commission.

*COMAR 20.61.05.02*

A. The Administration shall file a report with the Commission no later than December 15 of each year, beginning December 15, 2007.

B. The report shall detail the following as of December 1 of that year:

  (1) Number and types of RPS projects funded;

  (2) Amount of funding provided for each RPS project;

  (3) Description and status of each RPS project funded;

  (4) RECs generated from RPS projects funded;

  (5) Uncommitted balance of the Fund related to RPS; and

  (6) Identification of loans in default related to RPS.

C. The report shall detail the following for the immediately preceding year:

  (1) Total compliance fees paid into the Fund under Public Utilities Article, §7-705, Annotated Code of Maryland;

  (2) All monies credited to the Fund from a source other than described in §C(1) of this regulation;

  (3) Payments received in repayment of loans and investment earnings of the Fund that relate to RPS; and

  (4) Administrative fees and expenses that relate to RPS.