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Chapter 01. General

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Regulation .01 Scope.Copy Citation

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This subtitle is applicable to electric companies, subscriber organizations, and subscription coordinators in service territories where customers have the ability to subscribe to a community solar energy generation system under the Community Solar Energy Generating Systems Program.

Regulation .02 Definitions.Copy Citation

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A.
In this subtitle the following terms have the meanings indicated.
B.
Terms Defined.
(1)
Agent.
(a)
“Agent” means a person who conducts marketing or sales activities, or both, on behalf of a subscriber organization or subscription coordinator. Agent includes an employee, a representative, an independent contractor and a vendor.
(b)
“Agent” includes subcontractors, employees, vendors and representatives not directly under contract with the subscriber organization or subscription coordinator that conducts marketing or sales activities on behalf or for the benefit of the subscriber organization or subscription coordinator.
(c)
“Agent” does not include a member of a neighborhood association, church, nonprofit organization, or other community organization that is a subscriber organization when the member is conducting marketing or sales activities on behalf of the subscriber organization to fellow members and is not receiving any compensation for those marketing or sales activities.
(2)
“Agrivoltaics” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(3)
“Baseline annual usage” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(4)
“Brownfield” means one of the following:
(a)
A former industrial or commercial site identified by federal or State laws or regulations as contaminated or polluted;
(b)
A closed municipal or rubble landfill regulated under a refuse disposal permit by the Maryland Department of the Environment; or
(c)
“Mined lands” as defined in COMAR 26.21.01.01B.
(5)
“CAD” means the Consumer Affairs Division within the Commission pursuant to COMAR 20.32.01.02B(2).
(6)
“Clean fill site” means a closed filling operation exempt from regulation by the Maryland Department of the Environment under COMAR 26.04.07.04C(5) for which a subscriber organization has provided documentation from a local authority having jurisdiction that the filling operation meets the exemption criteria under COMAR 26.04.07.04C(5).
(7)
“Commission” means the Public Service Commission of Maryland.
(8)
“Community solar energy generating system” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(9)
“Consent” means an agreement with an action communicated by the following:
(a)
A written document with customer signature; or
(b)
An electronic document with electronic signature.
(10)
“Consumer” or “customer” means a retail electric customer account holder of a regulated electric company.
(11)
“Contract summary” means a summary of the material terms and conditions of a community solar program subscriber contract on a form provided by the Commission.
(12)
“CSEGS” means a Community solar energy generating system.
(13)
“Ecologically compromised” means a parcel certified in writing by the state, a county, or a municipal corporation as:
(a)
Having suffered harm or damage that has resulted in a substantial disruption to the land’s natural processes, biodiversity, or ecological integrity; and
(b)
Not targeted for mitigation or restoration.
(14)
“Ecologically compromised” does not include the portions of a parcel:
(a)
That can support agricultural operations; or
(b)
Not certified by the state, a county, or municipal corporation as qualifying under paragraph (a) of this subsection.
(15)
“Electric company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.
(16)
“Electronic transaction” means a standardized data protocol or electronic transmission medium that has been accepted by the Commission for use in Maryland.
(17)
“Forest cover” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.
(18)
“LMI subscriber” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(19)
“Low income” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland..
(20)
“Moderate income” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(21)
“Net tract area” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.
(22)
“Overburdened community” has the meaning stated in Environmental Article, §1-701, Annotated Code of Maryland.
(23)
“Personally identifiable information” means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or capable of being linked to a specific individual.
(24)
“Pilot program” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(25)
“Program” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(26)
“Public event” means an event open to the public where subscriptions to a community solar energy generation system are marketed or sold.
(27)
“Queue” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(28)
“Reforestation” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.
(29)
“Security deposit” means any payment of money given to a subscriber organization by a subscriber in order to protect the subscriber organization against nonpayment of future subscription fees, but does not include escrowed prepaid subscription fees.
(30)
“Subscriber” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(31)
“Subscriber organization” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(32)
“Subscription” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(33)
“Subscription coordinator” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(34)
“Tree” has the meaning stated in Natural Resources Article, §5-1601, Annotated Code of Maryland.
(35)
“Underserved community” has the meaning stated in Environmental Article, §1-701, Annotated Code of Maryland.
(36)
“Unsubscribed energy” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(37)
“Utility” means an electric company as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.
(38)
“Virtual net energy metering” has the meaning stated in Public Utilities Article, §7-306.2, Annotated Code of Maryland.
(39)
“Virtual net excess generation” means the amount of electricity generated by a CSEGS and attributed to a subscriber that would result in a negative kilowatt–hour reading at the end of the subscriber’s billing cycle if applied to the subscriber’s bill by the electric company as a reduction in metered kilowatt-hours.

Regulation .03 Electric Company Compliance Plan and Transition to Permanent Program.Copy Citation

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A.
An electric company shall file a plan and relevant tariffs with an effective date no later than July 1, 2025 for compliance with this subtitle within 45 days after the effective date of revised program regulations adopted by the Commission under Public Utilities Article, §7-306.2(f), Annotated Code of Maryland.
B.
A municipal electric company or electric cooperative electing to participate in the Program shall file a plan and related tariffs for compliance with this subtitle within 45 days after notifying the Commission of that election.
C.
A CSEGS waitlisted by an electric company under the Pilot Program shall receive a queue position under the Program when the following occurs:
(1)
The Program has begun under Public Utilities Article, §7-306.2(d)(20), Annotated Code of Maryland; and
(2)
The electric company has received the information required by COMAR 20.62.03.04B(3) for the CSEGS to receive a queue position in the Program.
D.
For all projects waitlisted under the Pilot Program, an electric company shall establish the Program’s queue in the order of the date and time of each project’s application to the electric company under the Pilot Program regardless of Pilot Program category.
E.
A CSEGS with capacity on the Pilot Program queue shall retain the Pilot Program queue position when the tariffs submitted under §A of this regulation become effective.
F.
A CSEGS is considered to have been constructed under the Pilot Program if it received capacity in the Pilot Program and was constructed within the deadlines required under the Pilot Program or as extended by letter order.

Regulation .04 Waiver.Copy Citation

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The Commission may waive a regulation in this subtitle for good cause shown.
Chapter annotations
Authority: Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland
History: Effective date: July 18, 2016 (43:14 Md. R. 781)
History: Regulation .01 amended effective March 3, 2025 (52:4 Md. R. 221)
History: Regulation .02B amended effective March 21, 2022 (49:6 Md. R. 406); March 3, 2025 (52:4 Md. R. 221)
History: Regulation .03 amended effective March 3, 2025 (52:4 Md. R. 221)