Maryland Co-Location Energy Innovation and Reliability Act

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0799*

HOUSE BILL 799
C5 6lr3477
HB 1219/25 – ECM
By: Delegates Miller, Hornberger, Rose, Stonko, and Tomlinson
Introduced and read first time: February 4, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Maryland Co–Location Energy Innovation and Reliability Act 2

FOR the purpose of requiring the Public Service Commission to adopt regulations related 3
to the construction of a generating station that is co –located with a data center but 4
is not interconnected with the electric transmission system or electric distribution 5
system; and generally relating to the co –location of data centers with generating 6
stations. 7

BY adding to 8
Article – Public Utilities 9
Section 7–207.6 10
Annotated Code of Maryland 11
(2025 Replacement Volume and 2025 Supplement) 12

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14

Article – Public Utilities 15

7–207.6. 16

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18

(2) “CONSTRUCTION” HAS THE MEANING STATED IN § 7–207 OF THIS 19
SUBTITLE. 20

(3) “DATA CENTER” HAS THE MEANING STAT ED IN § 11–239 OF THE 21
TAX – GENERAL ARTICLE. 22

2 HOUSE BILL 799

(4) “GENERATING STATION” HAS THE MEANING STATED IN § 7–207 OF 1
THIS SUBTITLE. 2

(B) THIS SECTION APPLIES ONLY TO A GENERATING STATION THAT: 3

(1) INCLUDES THE CO –LOCATION OF A DATA C ENTER WITH THE 4
STATION; AND 5

(2) DOES NOT INTERCONNEC T WITH THE ELECTRIC TRANSMISSION 6
SYSTEM OR ELECTRIC DISTRIBUTION SYSTEM. 7

(C) THE COMMISSION SHALL ADOP T REGULATIONS TO IMP LEMENT 8
SPECIFIC POLICIES RE LATED TO THE CONSTRU CTION OF A GENERATIN G STATION 9
UNDER THIS SECTION. 10

(D) THE REGULATIONS ADOPTED UNDER SUBSECTION (C) OF THIS SECTION 11
SHALL: 12

(1) DEFINE A GENERATING STATION AS AN INDEPENDENT RESOURCE 13
NOT SUBJECT TO STATE LAWS AND REGULA TIONS RELATED TO RET AIL ELECTRIC 14
CUSTOMERS OR ELECTRICITY SUPPLIERS; 15

(2) CLARIFY THAT STATE–MANDATED ELECTRIC DI STRIBUTION 16
SYSTEM FEES OR R ENEWABLE ENERGY PORT FOLIO STANDARD OBLIG ATIONS DO 17
NOT APPLY TO THE GEN ERATING STATION OR E NERGY GENERATED AT T HE 18
GENERATING STATION; 19

(3) ENSURE THAT A GENERA TING STATION INCLUDE S BACKUP 20
SOURCES OF ELECTRICI TY FOR RELIABILITY , INCLUDING ON –SITE GENERATIN G 21
CAPACITY; 22

(4) DEVELOP ROBUST PROTE CTIVE MEASURES TO EN SURE THAT A 23
GENERATING STATION D OES NOT INTERACT WIT H THE ELECTRIC TRANS MISSION 24
SYSTEM OR ELECTRIC DISTRIBUTION SYSTEM; 25

(5) REQUIRE A GENERATING STATION TO INCLUDE C YBERSECURITY 26
SAFEGUARDS; 27

(6) ENSURE THAT AN APPLI CANT FOR A CERTIFICA TE OF PUBLIC 28
CONVENIENCE AND NECE SSITY FOR THE CONSTR UCTION OF A GENERATI NG 29
STATION DEMONSTRATE DURING THE APPLICATI ON PROCESS THAT THE 30
GENERATING STATION SHALL: 31

HOUSE BILL 799 3

(I) BE AN INDEPENDENT RE SOURCE THAT WILL NOT BE 1
INTERCONNECTED WITH THE ELECTRIC TRANSMI SSION SYSTEM OR ELEC TRIC 2
DISTRIBUTION SYSTEM; 3

(II) COMPLY WITH ALL RELE VANT STATE AND FEDERAL LAW S; 4
AND 5

(III) CONTRIBUTE TO THE STATE’S ENERGY GOALS; AND 6

(7) REQUIRE A PERSON THA T OWNS OR OPERATES A GENERATING 7
STATION TO SUBMIT AN ANNUAL REPORT TO THE COMMISSION THAT INCLU DES 8
INFORMATION REGARDING: 9

(I) THE SOURCE AND AMOUN T OF ENERGY USED AT THE 10
GENERATING STATION; 11

(II) THE ENVIRONMENTAL IM PACT OF THE GENERATI NG 12
STATION; 13

(III) THE GENERATING S TATION’S CONTRIBUTIONS TO STATE 14
ENERGY GOALS THROUGH ENERGY EFFICIENCY OR EMISSIONS REDUCTIONS; AND 15

(IV) COMPLIANCE WITH OPER ATIONAL STANDARDS FO R THE 16
GENERATING STATION. 17

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2026. 19