Certificates of Public Convenience and Necessity - Transmission Lines - Applicability and Waivers

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0928*

HOUSE BILL 928
C5 6lr2294

By: Delegates Embry, Allen, Behler, Boyce, Charkoudian, Edelson, Guyton,
A. Johnson, Lewis, Miller, Rose, Taveras, and Tomlinson
Introduced and read first time: February 5, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Certificates of Public Convenience and Necessity – Transmission Lines – 2
Applicability and Waivers 3

FOR the purpose of expanding the application of certain requirements for the construction 4
of certain overhead transmission lines to include certain other transmission lines; 5
requiring the Public Service Commission to consider certain effects when 6
determining whether to waive, for good cause, the requirement to obtain a certificate 7
of public convenience and necessity in certain circumstances; repealing a 8
requirement that the Commission waive the requirement to obtain a certificate of 9
public convenience and necessity for certa in overhead transmission lines under 10
certain circumstances; and generally relating to requirements for the construction of 11
transmission lines. 12

BY repealing and reenacting, without amendments, 13
Article – Public Utilities 14
Section 7–207(a)(1) and (3) and (g) 15
Annotated Code of Maryland 16
(2025 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, with amendments, 18
Article – Public Utilities 19
Section 7–207(b)(3) and (4), (c) through (f), and (h) 20
Annotated Code of Maryland 21
(2025 Replacement Volume and 2025 Supplement) 22

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24

Article – Public Utilities 25

2 HOUSE BILL 928

7–207. 1

(a) (1) In this section the following words have the meanings indicated. 2

(3) (i) “Construction” means: 3

1. any physical change at a site, including fabrication, 4
erection, installation, or demolition; or 5

2. the entry into a binding agreement or contractual 6
obligation to purchase equipment exclusively for use in construction in the State or to 7
undertake a program of actual construction in the State which cannot be canceled or 8
modified without substantial loss to the owner or operator of the proposed generating 9
station. 10

(ii) “Construction” does not include a change that is needed for the 11
temporary use of a site or route for nonutility purposes or for use in securing geological 12
data, including any boring that is necessary to ascertain foundation conditions. 13

(b) (3) (i) Except as provided in paragraph (4) of this subsection, unless a 14
certificate of public convenience and necessity for the construction is first obtained from the 15
Commission, a person may not begin construction of [an overhead] A transmission line that 16
is designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation 17
with the construction. 18

(ii) [For] SUBJECT TO SUBPARAGRA PH (III) OF TH IS 19
PARAGRAPH, FOR construction related to an existing [overhead] transmission line, the 20
Commission may waive the requirement in subparagraph (i) of this paragraph for good 21
cause. 22

(III) WHEN DETERMINING WHET HER TO WAIVE THE 23
REQUIREMENT IN SUBPARAGRAPH (I) OF THIS PARAGRAPH FOR GOOD CAUSE, THE 24
COMMISSION SHALL CONSIDER: 25

1. THE COST OF THE CONSTRUCTION ON RATEPAYERS; 26

2. THE IMPACT OF THE CO NSTRUCTION ON THE 27
ENVIRONMENT; AND 28

3. ANY OTHER MATTER THE COMMISSION CONSIDERS 29
APPROPRIATE. 30

[(iii)] (IV) Notwithstanding subparagraph (i) of this paragraph and 31
subject to subparagraph [(iv)] (V) of this paragraph, the Commission may issue a certificate 32
of public convenience and necessity for the construction of [an overhead] A transmission 33
line only if the applicant for the certificate of public convenience and necessity: 34
HOUSE BILL 928 3

1. is an electric company; or 1

2. is or, on the start of commercial operation of the 2
[overhead] transmission line, will be subject to regulation as a public utility by an officer 3
or an agency of the United States. 4

[(iv)] (V) The Commission may not issue a certificate of public 5
convenience and necessity for the construction of [an overhead] A transmission line in the 6
electric distribution service territory of an electric company to an applicant other than an 7
electric company if: 8

1. the [overhead] transmission line is to be located solely 9
within the electric distribution service territory of that electric company; and 10

2. the cost of the [overhead] transmission line is to be paid 11
solely by that electric company and its ratepayers. 12

[(v)] (VI) 1. This subparagraph applies to the construction of 13
[an overhead ] A transmission line for which a certificate of public convenience and 14
necessity is required under this section. 15

2. On issuance of a certificate of public convenience and 16
necessity for the construction of [an overhead] A transmission line, a person may acquire 17
by condemnation, in accordance with Title 12 of the Real Property Article, any property or 18
right necessary for the construction or maintenance of the transmission line. 19

(4) (i) [Except as provided in subparagraph (ii) of this paragraph, for 20
construction related to an existing overhead transmission line designed to carry a voltage 21
in excess of 69,000 volts, the Commission shall waive the requirement to obtain a certificate 22
of public convenience and necessity if the Commission finds that the construction does not: 23

1. require the person to obtain new real property or 24
additional rights–of–way through eminent domain; or 25

2. require larger or higher structures to accommodate: 26

A. increased voltage; or 27

B. larger conductors. 28

(ii) 1. For construction related to an existing overhead 29
transmission line, including repairs, that is necessary to avoid an imminent safety hazard 30
or reliability risk, a person may undertake the necessary construction ] A PERSON MAY 31
COMPLETE CONSTRUCTIO N RELATED TO AN EXIS TING TRANSMISSION LI NE, 32
4 HOUSE BILL 928

INCLUDING REPAIRS, IF THE CONSTRUCTION IS NECESSARY TO AVOID AN IMMINENT 1
SAFETY HAZARD OR RELIABILITY RISK. 2

[2.] (II) Within 30 days after construction is completed 3
under [subsubparagraph 1 of this subparagraph ] SUBPARAGRAPH (I) OF THIS 4
PARAGRAPH, a person shall file a report with the Commission describing the work that 5
was completed. 6

(c) (1) On receipt of an application for a certificate of public convenience and 7
necessity under this section, the Commission shall provide notice immediately or require 8
the applicant to provide notice immediately of the application to: 9

(i) the Department of Planning; 10

(ii) the governing body, and if applicable the executive, of each 11
county or municipal corporation in which any portion of the generating station, [overhead] 12
transmission line, or qualified generator lead line is proposed to be constructed; 13

(iii) the governing body, and if applicable the executive, of each 14
county or munic ipal corporation within 1 mile of the proposed location of the generating 15
station, [overhead] transmission line, or qualified generator lead line; 16

(iv) each member of the General Assembly representing any part of 17
a county in which any portion of the ge nerating station, [overhead] transmission line, or 18
qualified generator lead line is proposed to be constructed; 19

(v) each member of the General Assembly representing any part of 20
each county within 1 mile of the proposed location of the generating station, [overhead] 21
transmission line, or qualified generator lead line; 22

(vi) for a proposed [overhead] transmission line, each owner of land 23
and each owner of adjacent land; and 24

(vii) all other interested persons. 25

(2) The Commission, when sending the notice required under paragraph 26
(1) of this subsection, shall forward a copy of the application to: 27

(i) each approp riate State unit and unit of local government for 28
review, evaluation, and comment regarding the significance of the proposal to State, 29
area–wide, and local plans or programs; and 30

(ii) each member of the General Assembly included under paragraph 31
(1)(iv) and (v) of this subsection who requests a copy of the application. 32

HOUSE BILL 928 5

(3) On receipt of an application for a certificate of public convenience and 1
necessity under this section, the Commission shall provide notice of the application on the 2
Commission’s social media platforms and website. 3

(d) (1) (i) The Commission shall provide an opportunity for public 4
comment and hold a public hearing on the application for a certificate of public convenience 5
and necessity in each county and municipal corporation in wh ich any portion of the 6
construction of a generating station, [an overhead] A transmission line designed to carry a 7
voltage in excess of 69,000 volts, or a qualified generator lead line is proposed to be located. 8

(ii) The Commission may hold the public hearing virtually rather 9
than in person if the Commission provides a comparable opportunity for public comment 10
and participation in the hearing. 11

(2) The Commission shall hold the public hearing jointly with the 12
governing body of the county or municipal corporation in which any portion of the 13
construction of the generating station, [overhead] transmission line, or qualified generator 14
lead line is proposed to be located, unless the governing body declines to participate in the 15
hearing. 16

(3) (i) Once in e ach of the 4 successive weeks immediately before the 17
hearing date, the Commission shall provide weekly notice of the public hearing and an 18
opportunity for public comment: 19

1. by advertisement in a newspaper of general circulation in 20
the county or municipal corporation affected by the application; 21

2. on two types of social media; and 22

3. on the Commission’s website. 23

(ii) Before a public hearing, the Commission shall coordinate with 24
the governing body of the county or municipal corporation in which any portion of the 25
construction of the generating station, [overhead] transmission line, or qualified generator 26
lead line is proposed to be located to identify additional options for providing, in an efficient 27
and cost–effective manner, notice of the public hearing through other types of media that 28
are familiar to the residents of the county or municipal corporation. 29

(4) (i) On the day of a public hearing, an informational sign shall be 30
posted prominently at or near each public entrance of the building in which the public 31
hearing will be held. 32

(ii) The informational sign required under subparagraph (i) of this 33
paragraph shall: 34

1. state the time, room number, and subject of the public 35
hearing; and 36
6 HOUSE BILL 928

2. be at least 17 by 22 inches in size. 1

(iii) If the public hearing is conducted virtually rather than in person, 2
the Commission shall provide information on the hearing prominently on the Commission’s 3
website. 4

(5) (i) The Commission shall ensure presentation and 5
recommendations from each interested State unit, and shall allow representatives of each 6
State unit to sit during hearing of all parties. 7

(ii) The Commission shall allow each State unit 15 days after the 8
conclusion of the hearing to modify the State unit’s initial recommendations. 9

(e) The Commission shall take final action on an application for a certificate of 10
public convenience and necessity only after due consideration of: 11

(1) the recommendation of the governing body of each county or municipal 12
corporation in which any portion of the construction of the generating station, [overhead] 13
transmission line, or qualified generator lead line is proposed to be located; 14

(2) the effect of the generating station, [overhead] transmission line, or 15
qualified generator lead line on: 16

(i) the stability and reliability of the electric system; 17

(ii) economics; 18

(iii) esthetics; 19

(iv) historic sites; 20

(v) WHEN APPLICABLE , aviation safety as determined by the 21
Maryland Aviation Administration and the administrator of the Federal Aviation 22
Administration; 23

(vi) when applicable, air quality and water pollution; and 24

(vii) the availability of means for the required timely disposal of 25
wastes produced by any generating station; 26

(3) the effect of climate change on the generating station, [overhead] 27
transmission line, or qualified generator lead line based on the best available scientific 28
information recognized by the Intergovernmental Panel on Climate Change; 29

(4) for a generating station: 30

HOUSE BILL 928 7

(i) the consistency of the application with the comprehensive plan 1
and zoning of each county or municipal corporation where any portion of the generating 2
station is proposed to be located; 3

(ii) the efforts to resolve any issues presented by a county or 4
municipal corporation where any portion of the generating station is proposed to be located; 5

(iii) the impact of the generating station on the quantity of a nnual 6
and long–term statewide greenhouse gas emissions, measured in the manner specified in § 7
2–1202 of the Environment Article and based on the best available scientific information 8
recognized by the Intergovernmental Panel on Climate Change; and 9

(iv) the consistency of the application with the State’s climate 10
commitments for reducing statewide greenhouse gas emissions, including those specified 11
in Title 2, Subtitle 12 of the Environment Article; and 12

(5) for a solar energy generating station specifi ed under § 7 –218 of this 13
subtitle, whether the owner of a proposed solar energy generating station complies with 14
the site requirements under § 7–218(f) of this subtitle. 15

(f) For the construction of [an overhead] A transmission line, in addition to the 16
considerations listed in subsection (e) of this section, the Commission shall: 17

(1) take final action on an application for a certificate of public convenience 18
and necessity only after due consideration of: 19

(i) the need to meet existing and future demand for electric service; 20
and 21

(ii) for construction related to a new [overhead] transmission line, 22
the alternative routes that the applicant considered, including the estimated capital and 23
operating costs of each alternative route and a statement of the reason why the alternative 24
route was rejected; 25

(2) require as an ongoing condition of the certificate of public convenience 26
and necessity that an applicant comply with: 27

(i) all relevant agreements with PJM Interconnection, L.L.C., or its 28
successors, related to the ongoing operation and maintenance of the [overhead] 29
transmission line; and 30

(ii) all obligations imposed by the North America Electric Reliability 31
Council and the Federal Energy Regulatory Commission related to the ongoing operation 32
and maintenance of the [overhead] transmission line; and 33

(3) require the applicant to identify whether the [overhead] transmission 34
line is proposed to be constructed on: 35
8 HOUSE BILL 928

(i) an existing brownfields site; 1

(ii) property that is subject to an existing easement; or 2

(iii) a site where a tower structure or components of a tower structure 3
used to support an overhead transmission line exist. 4

(g) (1) The Commission may not authorize, and a person may not undertake, 5
the construction of an overhead transmission line that is aligned with and within 1 mile of 6
either end of a public airport runway, unless: 7

(i) the Federal Aviation Administration determines that the 8
construction of an overhead transmission line will not constitute a hazard to air navigation; 9
and 10

(ii) the Maryland Aviation Administration concurs in that 11
determination. 12

(2) A privately owned airport runway shall qualify as a public airport 13
runway under this subsection only if the runway has been on file with the Federal Aviation 14
Administration for at least 2 years as being open to the public without restriction. 15

(h) (1) A county or municipal corporation has the authority to approve or deny 16
any local permit required under a certificate of public convenience and necessity issued 17
under this section or a distributed generation certificate of public convenience and necessity 18
issued under § 7–207.4 of this subtitle. 19

(2) A county or municipal corporation shall approve or deny any local 20
permits required under a certificate of public convenience and necessity issued under this 21
section or a distributed generation certificate of public convenience and necessity issued 22
under § 7–207.4 of this subtitle: 23

(i) within a reasonable time; and 24

(ii) to the extent local laws are not preempt ed by State law, in 25
accordance with local laws. 26

(3) A county or municipal corporation may not condition the approval of a 27
local permit required under a certificate of public convenience and necessity issued under 28
this section or a distributed generation certificate of public convenience and necessity 29
issued under § 7–207.4 of this subtitle on receipt of any of the following approvals for any 30
aspect of a generating station, [an overhead] A transmission line, or a qualified lead line 31
proposed to be constructed under the certificate: 32

(i) a conditional use approval; 33

HOUSE BILL 928 9

(ii) a special exception approval; or 1

(iii) a floating zone approval. 2

SECTION 2. AND BE IT FURTHER ENACTED, That, on or before July 1, 2027, the 3
Public Service Commission shall adopt regulations to establish specific criteria for 4
determining whether to waive , for good cause, the requirement to obtain a certificate of 5
public convenience and necessity for construction related to an existing transmission line. 6

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8