Retail Supply of Electricity and Gas - Regulation and Consumer Protection - Alterations

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1443*

HOUSE BILL 1443
C5 6lr3069

By: Delegate Arentz
Introduced and read first time: February 13, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Retail Supply of Electricity and Gas – Regulation and Consumer Protection – 2
Alterations 3

FOR the purpose of repealing certain provisions related to energy salespersons and the 4
marketing and pricing of green power; requiring the Public Service Commission to 5
establish an Energy Choice Multimedia Program to educate ratepayers and 6
consumers on certain matters; altering certain provisions related to renewing 7
electricity supplier licenses and gas supplier licenses; requiring the Commission to 8
adopt regulations requiring electricity suppliers and gas suppliers to submit a 9
certain list of energy vendors to the Commission under certain circumstances ; 10
requiring the Commission to provide an electricity supplier, a gas supplier, and an 11
energy vendor with due process before taking certain actions regarding the supplier’s 12
or vendor’s license; altering certain penalties for violating certain provisions 13
regarding electricity suppliers and gas suppliers; altering certain enrollment and 14
notice requirements for residential electricity suppliers ; allowing residential 15
electricity suppliers to purchase certain accounts; repealing a certain education and 16
training program; and generally relating to the retail supply of electricity and gas. 17

BY repealing 18
Article – Public Utilities 19
Section 1–101(l–1), 7–317, 7–510(f), and 7–707 20
Annotated Code of Maryland 21
(2025 Replacement Volume and 2025 Supplement) 22

BY repealing and reenacting, without amendments, 23
Article – Public Utilities 24
Section 1–101(a) and 7–604.2(a) 25
Annotated Code of Maryland 26
(2025 Replacement Volume and 2025 Supplement) 27

BY repealing and reenacting, with amendments, 28
2 HOUSE BILL 1443

Article – Public Utilities 1
Section 1–101(l–2), 7–310, 7–311, 7–315(a), 7–507, 7–510(d), (g), (h), and (i), 7–602, 2
7–603, 7–603.1, 7–604, 7–604.2(b), 7–605, and 13–201(e) 3
Annotated Code of Maryland 4
(2025 Replacement Volume and 2025 Supplement) 5

BY adding to 6
Article – Public Utilities 7
Section 7–321 8
Annotated Code of Maryland 9
(2025 Replacement Volume and 2025 Supplement) 10

BY repealing and reenacting, with amendments, 11
Chapter 537 of the Acts of the General Assembly of 2024 12
Section 4 13

BY repealing 14
Chapter 537 of the Acts of the General Assembly of 2024 15
Section 5 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That Section(s) 7 –317 and 7 –707 of Article – Public Utilities of the Annotated Code of 18
Maryland be repealed. 19

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
as follows: 21

Article – Public Utilities 22

1–101. 23

(a) In this division the following words have the meanings indicated. 24

[(l–1) (1) “Energy salesperson” means an individual who is licensed by the 25
Commission to sell: 26

(i) electricity or electricity supply services to residential retail 27
electric customers on behalf of an electricity supplier as an employee or agent of the 28
electricity supplier; or 29

(ii) gas or gas supply services to residential retail gas customers on 30
behalf of a gas supplier as an employee or agent of the gas supplier. 31

(2) “Energy salesperson” does not include: 32

(i) the Department of General Services when the Department of 33
General Services sells energy under § 7–704.4 of this article; 34
HOUSE BILL 1443 3

(ii) the Washington Suburban Sanitary Commission when the 1
Washington Suburban Sanitary Commission sells energy under Division II of this article; 2

(iii) a community choice aggregator under § 7–510.3 of this article; or 3

(iv) an employee or contractor of an electric company when the 4
employee or contractor is performing duties specific to standard offer service.] 5

[(l–2)] (L–1) “Energy vendor” means a person that has a contract or subcontract to 6
provide energy sales services to an electricity supplier or a gas supplier that provides 7
electricity supply services or gas supply services, respectively, to a residential customer. 8

7–310. 9

(a) In this section, “Fund” means the Education and Protection Fund. 10

(b) There is an Education and Protection Fund. 11

(c) The purpose of the Fund is to provide resources to improve the Commission’s 12
ability to: 13

(1) educate customers on: 14

(i) retail electric and gas choice; and 15

(ii) energy choices that help meet the State’s climate commitments 16
under § 7–319 of this subtitle and § 2–1204.2 of the Environment Article; 17

(2) protect customers from unfair, false, misleading, or deceptive practices 18
by electricity suppliers, [energy salespersons,] energy vendors, or gas suppliers; and 19

(3) develop a training and educational program for electricity suppliers, 20
gas suppliers, [energy salespersons,] and energy vendors as provided under § 7–311 of this 21
subtitle. 22

(d) The Commission shall administer the Fund. 23

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 24
the State Finance and Procurement Article. 25

(2) The State Treasurer shall hold the Fund separately, and the 26
Comptroller shall account for the Fund. 27

(f) The Fund consists of: 28

(1) revenue distributed to the Fund under § 13–201(e)(3) of this article; 29
4 HOUSE BILL 1443

(2) money appropriated in the State budget to the Fund; and 1

(3) any other money from any other source accepted for the benefit of the 2
Fund. 3

(g) The Fund may be used only to: 4

(1) educate retail electric or gas customers on retail choice and energy 5
choices that help to meet the State’s climate commitments u nder § 7 –319 of this subtitle 6
and § 2–1204.2 of the Environment Article; 7

(2) improve customer protections for retail electric or gas customers; and 8

(3) develop a training and educational program for electricity suppliers, 9
gas suppliers, [energy salespersons,] and energy vendors as provided under § 7–311 of this 10
subtitle. 11

(h) (1) The State Treasurer shall invest the money of the Fund in the same 12
manner as other State money may be invested. 13

(2) Any investment earnings of the Fund shall be credited to the General 14
Fund of the State. 15

(i) Expenditures from the Fund may be made only in accordance with the State 16
budget. 17

7–311. 18

(a) The Commission shall develop a training and educational program for any 19
entity or individual that is licensed by the Commission as an electricity supplier, a gas 20
supplier, [an energy salesperson,] or an energy vendor. 21

(b) The Commission shall develop the program in consultation with interested 22
stakeholders, including electricity suppliers, gas suppliers, [energy salespersons, ] and 23
energy vendors. 24

(c) The program shall require that a designated representative of each licensed 25
electricity supplier, licensed gas supplier, OR licensed energy vendor[, or licensed energy 26
salesperson] demonstrate a thorough understanding of the Commission’s regulations 27
regarding: 28

(1) sales; 29

(2) consumer protection; and 30

(3) any other matter the Commission deems appropriate. 31
HOUSE BILL 1443 5

(d) At the conclusion of the training, the Commission shall: 1

(1) conduct an examination; and 2

(2) on a satisfactory score, certify that the designated representative of the 3
licensed electricity supplier, licensed gas supplier, [licensed energy salesperson,] or 4
licensed energy vendor has successfully completed the training. 5

(e) (1) The Commission shall determine the schedule and frequency by which 6
a designated representative of a licensed electricity supplier, licensed gas supplier, 7
[licensed energy salesperson,] or licensed energy vendor must complete the training and 8
certification. 9

(2) A designated representative of a new electricity supplier, gas supplier, 10
[energy salesperson,] or energy vendor shall complete the training and certification prior 11
to the issuance of a license. 12

(f) The Commission may adopt regulations that include appropriate penalties or 13
sanctions for failure to comply with this section. 14

(g) (1) The Commission shall use the following funding sources for the initial 15
development of the training and educational program: 16

(i) the assessments collected in accordance with § 2 –110 of this 17
article; or 18

(ii) funds deposited into the Education and Protection Fund in 19
accordance with § 7–310 of this subtitle. 20

(2) The Commission may establish reasonable fees to pay for the costs of 21
the program. 22

7–315. 23

(a) (1) In this section, “residential energy retailer” includes: 24

(i) an electricity supplier that supplies electricity to residential 25
retail electric customers; 26

(ii) a gas supplier that supplies gas to residential retail gas 27
customers; AND 28

(iii) [an energy salesperson; and 29

(iv)] an energy vendor. 30
6 HOUSE BILL 1443

(2) “Residential energy retailer” does not include: 1

(i) the Department of General Services when the Depar tment of 2
General Services sells energy under § 7–704.4 of this title; 3

(ii) a community choice aggregator under § 7–510.3 of this title; 4

(iii) an electricity supplier when supplying electricity to commercial 5
retail electric customers; or 6

(iv) a gas supplier that supplies gas to commercial retail gas 7
customers. 8

7–321. 9

(A) IN THIS SECTION , “PROGRAM” MEANS THE ENERGY CHOICE 10
MULTIMEDIA PROGRAM. 11

(B) THE COMMISSION SHALL ESTABLISH AN ENERGY CHOICE MULTIMEDIA 12
PROGRAM. 13

(C) THE PROGRAM SHALL BE DESI GNED TO EDUCATE RATE PAYERS AND 14
CONSUMERS REGARDING THE ABILITY OF THE RATEPAYERS AN D CONSUMERS TO 15
CHOOSE THEIR ENERGY SUPPLIER. 16

(D) THE PROGRAM CREATED UNDER THIS SECTION: 17

(1) SHALL INCLUDE AT LEA ST ONE ANNUAL MAILIN G AND ONE 18
ANNUAL UTILITY BILL INSERT DIRECTIN G THE RECIPIENT TO T HE COMMISSION’S 19
WEBSITE ON ENERGY CHOICE; AND 20

(2) SHALL BE CREATED WITH INPUT SOLICITED FROM THE 21
FOLLOWING STAKEHOLDERS: 22

(I) ELECTRIC COMPANIES; 23

(II) GAS COMPANIES; 24

(III) ELECTRICITY SUPPLIERS; 25

(IV) GAS SUPPLIERS; 26

(V) RESIDENTIAL CUSTOMERS; AND 27
HOUSE BILL 1443 7

(VI) SMALL COMMERCIAL CUSTOMERS. 1

7–507. 2

(a) A person, other than an electric company providing standard offer service 3
under § 7–510(c) of this subtitle, a municipal electric utility serving customers solely in its 4
distribution territory, the Department of General Services selling energy under § 7 –704.4 5
of this title, or a community choice aggregator under § 7 –510.3 of this subtitle, may not 6
engage in the business of an electri city supplier in the State unless the person holds a 7
license issued by the Commission. 8

(b) (1) An application for an electricity supplier license shall: 9

(i) be made to the Commission in writing on a form adopted by the 10
Commission; 11

(ii) be verified by oath or affirmation; and 12

(iii) contain information that the Commission requires, including: 13

1. proof of technical and managerial competence; 14

2. proof of compliance with all applicable requirements of the 15
Federal Energy Regulatory Commission, and any independent system operator or regional 16
or system transmission operator to be used by the licensee; 17

3. a certification of compliance with applicable federal and 18
State environmental laws and regulations that relate to the generation of electricity; and 19

4. payment of the applicable licensing fee. 20

(2) (i) The term of a residential electricity supplier license is 3 years. 21

(ii) The terms of licenses may be staggered as determined by the 22
Commission. 23

(iii) Unless a license for a r esidential electricity supplier is renewed 24
for a 3–year term in accordance with this subsection, the license expires on the date that 25
the Commission sets. 26

(iv) A licensee may renew a license for [a 3–year term] ADDITIONAL 27
TERMS before the license expires if the licensee: 28

1. otherwise is entitled to be licensed; 29

8 HOUSE BILL 1443

2. submits to the Commission a renewal application on the 1
form that the Commission provides; and 2

3. pays to the Commission the applicable renewal fee set b y 3
the Commission. 4

(V) IF AN ELECTRICITY SUP PLIER SUBMITS AN APP LICATION 5
FOR LICENSE RENEWAL, THE ELECTRICITY SUPPLIER’S EXPIRING LICENSE SHALL 6
REMAIN VALID WHILE THE RENEWAL LICENSE APPLICATION IS PENDING. 7

(c) The Commission shall, by regulation or order: 8

(1) require proof of financial integrity; 9

(2) require a licensee to post a bond or other similar instrument if, in the 10
Commission’s judgment, the bond or similar instrument is necessary to insure an electricity 11
supplier’s financial integrity; 12

(3) require a licensee to: 13

(i) provide proof that the licensee is qualified to do business in the 14
State with the Department of Assessments and Taxation; and 15

(ii) agree to be subject to all applicable taxes; and 16

(4) adopt any other requirements the Commission finds to be in the public 17
interest, which may include different requirements for: 18

(i) electricity suppliers that serve only large customers; and 19

(ii) the different categories of electricity suppliers. 20

(d) A license issued under this section may not be transferred without prior 21
Commission approval. 22

(e) The Commission shall adopt regulations or issue orders to: 23

(1) protect consumers, electric companies, electricity suppliers, [energy 24
salespersons,] and energy vendors from anticompetitive and abusive practices; 25

(2) require each electricity supplier [, each energy salesperson, ] and each 26
energy vendor to provide, in addition to the requirements under § 7 –505(b)(5) of this 27
subtitle, adequate and accurate customer information to e nable customers to make 28
informed choices regarding the purchase of any electricity services offered by the electricity 29
supplier; 30

HOUSE BILL 1443 9

(3) establish reasonable restrictions on telemarketing; 1

(4) establish procedures for contracting with customers; 2

(5) establish requirements and limitations relating to deposits, billing, 3
collections, and contract cancellations; 4

(6) establish provisions providing for the referral of a delinquent account 5
by an electricity supplier to the standard offer service under § 7 –510(c) of this subtitle; 6
[and] 7

(7) establish procedures for dispute resolution; AND 8

(8) REQUIRE EACH ELECTRICITY SUPPLIER, WITHIN 10 DAYS AFTER 9
ADDING OR REMOVING AN ENERGY VENDOR, TO SUBMIT TO THE COMMISSION A LIST 10
OF ALL ENERGY VENDORS CONDU CTING SALES ACTIVITIES ON BEHALF OF THE 11
ELECTRICITY SUPPLIER. 12

(f) In accordance with regulations or orders of the Commission, electricity bills, 13
for competitive and regulated electric services, provided to consumers may provide, in 14
addition to the requirements of § 7 –505(b)(5) of this subtitle and subsection (e)(2) of this 15
section, the following information: 16

(1) the identity and phone number of the electricity supplier of the service; 17

(2) sufficient information to evaluate prices and services; and 18

(3) information identifying whether the price is regulated or competitive. 19

(g) (1) An electricity supplier, [an energy salesperson, ] an energy vendor, or 20
any person or governmental unit may not, without first obtaining the customer’s 21
permission: 22

(i) make any change in the electricity supplier for a customer; or 23

(ii) add a new charge for a new or existing service or option. 24

(2) The Commission shall adopt regulations or issue orders establishing 25
procedures to prevent the practices prohibited under paragraph (1) of this subsection. 26

(h) (1) An electricity supplier [, an energy salesperson, ] or an energy vendor 27
may not discriminate against any customer based wholly or partly on race, color, creed, 28
national origin, gender identity, disability, sexual ori entation, or sex of an applicant for 29
service or for any arbitrary, capricious, or unfairly discriminatory reason. 30

10 HOUSE BILL 1443

(2) An electricity supplier [, an energy salesperson, ] or an energy vendor 1
may not refuse to provide service to a customer except by the application of standards that 2
are reasonably related to the electricity supplier’s economic and business purposes. 3

(i) An electricity supplier[, an energy salesperson, ] and an energy vendor shall 4
be subject to all applicable federal and State environmental laws and regulations. 5

(j) An electricity supplier shall post on the Internet information that is readily 6
understandable about its services and rates for small commercial and residential electric 7
customers. 8

(k) (1) Subject to PARAGRAPH (4) OF THIS subsection [(r) of this section], for 9
just cause on the Commission’s own investigation or on complaint of the Office of People’s 10
Counsel, the Attorney General, or an affected party, the Commission may: 11

(i) deny a license to, or revoke, suspend, or refuse to renew the 12
license of, an electricity supplier[, an energy salesperson,] or an energy vendor; 13

(ii) impose a civil penalty or other remedy; 14

(iii) order a refund or credit to a customer; or 15

(iv) impose a moratorium on adding or soliciting additional 16
customers by the electricity supplier[, energy salesperson,] or energy vendor. 17

(2) A civil penalty may be imposed in addition to the Commission’s decision 18
to deny, revoke, suspend, or refuse to renew a license or impose a moratorium. 19

(3) Just cause includes: 20

(i) intentionally providing false information to the Commission; 21

(ii) switching, or causing to be switched, the electricity supply for a 22
customer without first obtaining the customer’s permission; 23

(iii) failing to provide electricity for its customers; 24

(iv) committing fraud or engaging in deceptive practices; 25

(v) failing to maintain financial integrity; 26

(vi) violating a Commission regulation or order; 27

(vii) failing to pay, collect, remit, or calculate accurate ly applicable 28
State or local taxes; 29

HOUSE BILL 1443 11

(viii) violating a provision of this article or any other applicable 1
consumer protection law of the State; 2

(ix) conviction of a felony by the licensee or principal of the licensee 3
or any crime involving fraud, theft, or deceit; AND 4

(x) denial, suspension, or revocation of or refusal to renew a license 5
by any State or federal authority[; and 6

(xi) commission of any of the acts described in items (i) through (x) of 7
this paragraph by a person that is an affiliate of the licensee or that is under common 8
control with the licensee]. 9

(4) THE COMMISSION SHALL PROVIDE AN ELECTRICITY SUPPLIER OR 10
ENERGY VENDOR WITH DUE PROCESS BEFORE TAKING ANY ACTION TO SUSPEND OR 11
REVOKE A LICENSE. 12

(l) (1) An electricity supplier, an energy vendor, or any other person [, except 13
for an energy salesperson,] selling or offering to sell electricity in the State in violation of 14
this section or § 7–318 of this title, after notice and an opportunity for a hearing, is subject 15
to: 16

(i) a civil penalty of not more than $25,000 for the violation; 17

(ii) license denial, revocation, or suspension or refusal to renew the 18
license; or 19

(iii) both. 20

(2) [An energy salesperson selling or offering to sell electricity in the State 21
in violation of this section or § 7 –317 of this title, after notice and an opportunity for a 22
hearing, is subject to license denial, revocation, or suspension or refusal to renew the 23
license. 24

(3)] Each day [or part of a day] a violation continues is a separate violation. 25

[(4)] (3) Each customer to whom electricity is sold or offered in violation 26
of this section is a separate violation. 27

[(5)] (4) The Commission shall determine the amount of any civil penalty 28
after considering: 29

(i) the number of previous violations of any provision of this division 30
by the electricity supplier, energy vendor, or other person; 31

(ii) the gravity of the current violation; 32
12 HOUSE BILL 1443

(iii) the good faith of the electricity supplier, energy vendor, or other 1
person charged in attempting to achieve compliance after notification of the violation; and 2

(iv) any other matter that the Commission considers appropriate and 3
relevant. 4

(m) In connection with a consumer complaint or Commission investigation under 5
this section or [§ 7–317 or] § 7 –318 of this title, an electricity supplier, [an energy 6
salesperson,] energy vendor, and any other person selling or offering to sell electricity in 7
the State shall provide to the Commission access to any accounts, books, papers, and 8
documents that the Commission considers necessary to resolve the matter at issue. 9

(n) The Commission may order the electricity supplier, [energy salesperson,] an 10
energy vendor, or other person to cease adding or soliciting additional customers or to cease 11
serving customers in the State. 12

(o) The Commission shall consult with the Consumer Protection Division of the 13
Office of the Attorney General before issuing regulations designed to protect consumers. 14

(p) The People’s Counsel shall have the same authority in li censing, complaint, 15
and dispute resolution proceedings as it has in Title 2 of this article. 16

(q) Nothing in this subtitle may be construed to affect the authority of the 17
Division of Consumer Protection in the Office of the Attorney General to enforce violations 18
of Titles 13 and 14 of the Commercial Law Article or any other applicable State law or 19
regulation in connection with the activities of electricity suppliers [, energy salespersons,] 20
and energy vendors. 21

[(r) The Commission may not impose a civil pe nalty on an energy salesperson 22
under subsection (k) or (l) of this section.] 23

7–510. 24

(d) (1) This subsection applies to residential electricity supply other than 25
supply offered through: 26

(i) standard offer service; 27

(ii) the Department of General S ervices’ sale of energy under § 28
7–704.4 of this title; or 29

(iii) a community choice aggregator under § 7–510.3 of this subtitle. 30

(2) A residential electricity supplier: 31

HOUSE BILL 1443 13

(i) [may offer electricity, other than green power, only at a price that 1
does not exceed the trailing 12 –month average of the electric company’s standard offer 2
service rate in the electric company’s service territory as of the date of agreement with the 3
customer; 4

(ii) may offer residential electricity supply only for a term no t to 5
exceed 12 months at a time; 6

(iii) may, for electricity supply other than green power, automatically 7
renew the term only if the electricity supplier provides notice to the customer 90 days before 8
and 30 days before renewal; 9

(iv) may offer green power that meets the requirements of § 7–707 of 10
this title, but may not automatically renew the term with the customer; 11

(v) subject to paragraph (3) of this subsection, may not offer a 12
variable rate other than a rate that adjusts for seasonal variation not more than twice in a 13
single year; and 14

(vi) may not pay a commission or other incentive –based 15
compensation to an energy salesperson for enrolling customers ] SHALL PROVIDE TWO 16
WRITTEN NOTICES TO R ESIDENTIAL CUSTOMERS BEFORE THE AUTOMATIC 17
RENEWAL OF A FIXED DURATION ELECTRICITY SUPPLY CONTRACT; 18

(II) SHALL PROVIDE A WRITTEN NOTICE OF A CHANGE IN PRICE 19
ANY TIME THE PRICE I NCREASES MORE THAN 10% WITHIN 30 DAYS BEFORE THE 20
EFFECTIVE DATE OF A CONTRACT; AND 21

(III) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, MAY 22
NOT OFFER A VARIABLE RATE THAT ADJUSTS MORE THAN ONCE PER BILLING CYCLE. 23

(3) Paragraph [(2)(v)] (2)(III) of this subsection does not prohibit the offer 24
and use of time–of–use rates that establish different rates for periods within a single day. 25

(4) [A residential electricity supplier may not sell to an electric company, 26
and an electric company may not purchase from the electricity supplier, accounts 27
receivable] THE COMMISSION MAY ESTABL ISH APPROPRIATE PROT ECTIONS AND 28
SAFEGUARDS FOR RESIDENTIAL ELECTRICITY SUPPLIERS THAT PURCH ASE 29
ACCOUNTS RECEIVABLES. 30

[(f) (1) This subsection does not apply to: 31

(i) the Department of General Services’ sale of energy under § 32
7–704.4 of this title; or 33

(ii) a community choice aggregator under § 7–510.3 of this subtitle. 34
14 HOUSE BILL 1443

(2) Except as provided in paragraph (3) of this subsection, as approved by 1
the Commission by regulation or order, each electric company and each residential 2
electricity supplier shall allow a customer to indicate the customer’s intention to remain on 3
standard offer service indefinitely and not to receive directed marketing contacts from 4
electricity suppliers through the implementation of a “do not transfer” list onto which the 5
customer may request to be placed. 6

(3) A residential electricity supplier may contact a customer on a “do not 7
transfer” list until the electricity supply agreement entered into between the electricity 8
supplier and the customer expires.] 9

[(g)] (F) (1) In this subsection, “billing entity” means an electric company, a 10
licensed electricity supplier, or any other entity that is responsible for issuing an electric 11
bill to a residential customer. 12

(2) On or before the 15th day of each month, each billing entity shall submit 13
a report to the Commission o n customer choice in its service territory for the preceding 14
month, including: 15

(i) the total kilowatt –hours distributed to customers purchasing 16
electricity from a third–party electricity supplier; 17

(ii) the total supply cost charged to customers purchasing electricity 18
from a third–party electricity supplier; 19

(iii) the total cost that customers specified in item (ii) of this 20
paragraph would have paid under standard offer service; 21

(iv) the net third–party total cost compared to the net standard offer 22
service cost; 23

(v) the total third–party average rate; 24

(vi) the standard offer service average rate; 25

(vii) the difference between the total third–party average rate and the 26
standard offer service average rate; 27

(viii) the third–party average residential rates broken out by supplier 28
and the variance between each of these rates and the standard offer service average rate; 29

(ix) the third–party average general service nondemand rates broken 30
out by supplier and the variance between each of these third–party rates and the standard 31
offer service average rate; 32

HOUSE BILL 1443 15

(x) the third–party average general service demand rates broken out 1
by supplier and the variance between each of these third–party rates and the standard offer 2
service average rate; 3

(xi) the third–party average large power demand rates broken out by 4
supplier and the variance between each of these third –party rates and the standard offer 5
service average rate; and 6

(xii) other pertinent information the Commission considers 7
appropriate. 8

[(h)] (G) The Commission shall, by regulation or order, adopt procedures to 9
implement this section. 10

[(i)] (H) Except as provided in § 7 –510.3 of this subtitle, a county or municipal 11
corporation may not act as an aggregator unless the Commission determines there is not 12
sufficient competition within the boundaries of the county or municipal corporation. 13

7–602. 14

The General Assembly finds and declares that the purpose of this subtitle is to: 15

(1) clarify existing law regarding the provision of competitive retail gas 16
supply and gas supply services in the State; 17

(2) require the Commission to license gas suppliers[, energy salespersons,] 18
and energy vendors; 19

(3) authorize the Commission to adopt complaint procedures; 20

(4) establish certain requirements relating to the competitiveness of retail 21
gas supply and gas supply services markets; and 22

(5) establish standards for the protection of consumers. 23

7–603. 24

(a) The Commission shall license gas suppliers [, energy salespersons, ] and 25
energy vendors and shall have the same authority as the Commission has under [§§ 7–317, 26
7–318,] §§ 7–318 and 7–507 of this title for electricity suppliers [, energy salespersons, ] 27
and energy vendors, including the authority to: 28

(1) deny, revoke, suspend, or refuse to renew a license; 29

(2) impose a moratorium, civil penalty, or other remedy; or 30

16 HOUSE BILL 1443

(3) order a refund for or credit to a customer. 1

(b) The Commission shall adopt licensing requirements and procedures for gas 2
suppliers[, energy salespersons,] and energy vendors that protect consumers, the public 3
interest, and the collection of all State and local taxes, consistent with the requirements for 4
electricity suppliers under Subtitle 5 of this title [and energy salespersons ] and energy 5
vendors under Subtitle 3 of this title. 6

7–603.1. 7

(a) (1) Subject to PARAGRAPH (4) OF THIS subsection [(b)(5) of this section], 8
for just cause on the Commission’s own investigation or on complaint of the Office of 9
People’s Counsel, the Attorney General, or an affected party, the Commission may: 10

(i) deny a license to, or revoke, suspend, or refuse to renew the 11
license of, a gas supplier[, an energy salesperson,] or an energy vendor; 12

(ii) impose a civil penalty or other remedy; 13

(iii) order a refund or credit to a customer; or 14

(iv) impose a moratorium on adding or soliciting additional 15
customers by the gas supplier[, energy salesperson,] or an energy vendor. 16

(2) A civil penalty may be imposed in addition to the Commission’s decision 17
to deny, revoke, suspend, or refuse to renew a license or impose a moratorium. 18

(3) Just cause includes: 19

(i) intentionally providing false information to the Commission; 20

(ii) switching, or causing to be switched, the gas supply for a 21
customer without first obtaining the customer’s permission; 22

(iii) failing to provide gas for its customers; 23

(iv) committing fraud or engaging in deceptive practices; 24

(v) failing to maintain financial integrity; 25

(vi) violating a Commission regulation or order; 26

(vii) failing to pay, collect, remit, or calculate accurately applicable 27
State or local taxes; 28

(viii) violating a provision of this article or any other applicable 29
consumer protection law of the State; 30
HOUSE BILL 1443 17

(ix) conviction of a felony by the license e or principal of the licensee 1
or any crime involving fraud, theft, or deceit; AND 2

(x) denial, suspension, or revocation of or refusal to renew a license 3
by any State or federal authority[; and 4

(xi) commission of any of the acts described in items (i) through (x) of 5
this paragraph by a person that is an affiliate of the licensee or that is under common 6
control with the licensee]. 7

(4) THE COMMISSION SHALL PROV IDE A GAS SUPPLIER O R AN 8
ENERGY VENDOR WITH DUE PROCESS BEFORE TAKING ANY ACTION TO SUSPEND OR 9
REVOKE A LICENSE. 10

(b) (1) [(i)] A gas supplier, an energy vendor, or any other person [, except 11
for an energy salesperson, ] selling or offering to sell gas in the State in violation of this 12
section or § 7–603 of this subtitle, after notice and an opportunity for a hearing, is subject 13
to: 14

[1.] (I) a civil penalty of not more than $25,000 for the 15
violation; 16

[2.] (II) license denial, revocation, or suspension or refusal 17
to renew the license; or 18

[3.] (III) both. 19

[(ii) An energy salesperson selling or offering to sell gas in the State 20
in violation of this section or § 7 –603 of this subtitle, after notice and an opportunity for a 21
hearing, is subject to license denial, revocation, or suspension or refusal to renew the 22
license.] 23

(2) Each day [or part of a day] a violation continues is a separate violation. 24

(3) Each customer to whom gas is sold or offered in violation of this section 25
is a separate violation. 26

(4) The Commission shall determine the amount of any civil penalty after 27
considering: 28

(i) the number of previous violations of any provision of this division 29
by the gas supplier, energy vendor, or other person; 30

(ii) the gravity of the current violation; 31

18 HOUSE BILL 1443

(iii) the good faith of the gas supplier, energy vendor, or other person 1
charged in attempting to achieve compliance after notification of the violation; and 2

(iv) any other matter that the Commission considers appropriate and 3
relevant. 4

[(5) The Commission may not impose a civil penalty on an individual energy 5
salesperson in accordance with this subsection.] 6

(c) In connection with a consumer complaint or Commission investigation under 7
this section or § 7 –603 of this subtitle, a gas supplier, [an energy salesperson,] an energy 8
vendor, and any other person selling or offering to sell gas in the State shall provide to the 9
Commission access to any accounts, books, papers, and documents that the Commission 10
considers necessary to resolve the matter at issue. 11

(d) The Commission may order the gas supplier, [energy salesperson,] an energy 12
vendor, or other person to cease adding or soliciting additional customers or to cease serving 13
customers in the State. 14

7–604. 15

(a) On or before July 1, 2001, the Commission shall adopt consumer protection 16
orders or regulations for gas suppliers[, energy salespersons,] and energy vendors that: 17

(1) protect consumers from discriminatory, unfair, deceptive, and 18
anticompetitive acts and practices in the marketing, selling, or distributing of natural gas; 19

(2) provide for contrac ting, enrollment, and billing practices and 20
procedures; 21

(3) REQUIRE EACH GAS SUP PLIER, WITHIN 10 DAYS AFTER ADDING 22
OR REMOVING AN ENERGY VENDOR, TO SUBMIT TO THE COMMISSION A LIST OF ALL 23
ENERGY VENDORS CONDU CTING SALES ACTIVITI ES ON BEHALF OF THE GAS 24
SUPPLIER; and 25

[(3)] (4) the Commission considers necessary to protect the consumer. 26

(b) In adopting orders and regulations under this section, unless the Commission 27
determines that the circumstances do not require consistency, the Commission shall: 28

(1) provide customers with protections consistent with applicabl e 29
protections provided to retail electric customers; and 30

(2) impose appropriate requirements on gas suppliers [, energy 31
salespersons,] and energy vendors that are consistent with applicable requirements 32
imposed on electricity suppliers[, energy salespersons,] and energy vendors. 33
HOUSE BILL 1443 19

7–604.2. 1

(a) In this section, “default gas commodity service” means the supply of retail gas 2
commodity service by a customer’s gas company. 3

(b) (1) This subsection applies to residential gas supply other than default gas 4
commodity service provided by a gas company. 5

(2) A gas supplier that supplies gas to residential retail gas customers: 6

(i) may offer gas service only at a price that does not exceed the 7
trailing 12–month average of the gas company’s default gas commodit y service in the gas 8
company’s service territory as of the date of the agreement with the customer; 9

(ii) may offer residential gas supply only for a term not to exceed 12 10
months at a time and may automatically renew the term only if the gas supplier pr ovides 11
notice to the customer 90 days before and 30 days before renewal; AND 12

(iii) subject to paragraph (3) of this subsection, may not offer a 13
variable rate other than a rate that adjusts for seasonal variation not more than twice in a 14
single year[; and 15

(iv) may not pay a commission or other incentive –based 16
compensation to an energy salesperson for enrolling customers]. 17

(3) Paragraph (2)(iii) of this subsection does not prohibit the offer and use 18
of rates that differ based on the total number of therms used by a customer in any billing 19
period. 20

(4) A gas supplier that supplies gas to residential retail gas customers may 21
not sell to a gas company, and a gas company may not purchase from the gas supplier, 22
accounts receivable. 23

7–605. 24

(a) This subtitle may not be construed to: 25

(1) affect the authority of the Division of Consumer Protection of the Office 26
of the Attorney Gen eral to enforce violations of Titles 13 and 14 of the Commercial Law 27
Article or any other applicable State law or regulation in connection with the activities of 28
gas suppliers[, energy salespersons,] or energy vendors; or 29

(2) exempt gas companies, gas s uppliers, [energy salespersons, ] and 30
energy vendors from otherwise applicable State or federal consumer protection and 31
antitrust laws. 32

20 HOUSE BILL 1443

(b) The Commission shall consult with the Consumer Protection Division of the 1
Office of the Attorney General before ado pting regulations designed to protect consumers 2
of gas supply and gas supply services. 3

(c) The People’s Counsel has the same authority in licensing, complaint, and 4
dispute resolution proceedings as the People’s Counsel has under Subtitle 5 of this title and 5
Title 2 of this article. 6

(d) In connection with a consumer complaint or Commission investigation under 7
this subtitle, a gas supplier[, an energy salesperson,] or an energy vendor shall provide to 8
the Commission access to any accounts, books, papers, and documents that the Commission 9
considers necessary to resolve a matter in dispute. 10

13–201. 11

(e) (1) Except as provided in paragraphs (2) and (3) of this subsection, a civil 12
penalty collected under this section shall be paid into the Resiliency Hub Gra nt Program 13
Fund established under § 9–2011 of the State Government Article. 14

(2) A civil penalty assessed for a violation of a service quality and reliability 15
standard under § 7–213 of this article shall be paid into the Electric Reliability Remediation 16
Fund under § 7–213(j) of this article. 17

(3) A civil penalty assessed for a violation of [§ 7 –317,] § 7 –318, § 18
7–505(b)(7), § 7–507, § 7–603, § 7–603.1, § 7–604, OR § 7–606[, or § 7–707] of this article, 19
or a rule, an order, or a regulation adopted under any of those sections, shall be paid into 20
the Education and Protection Fund under § 7–310 of this article. 21

Chapter 537 of the Acts of 2024 22

SECTION 4. AND BE IT FURTHER ENACTED, That: 23

(1) the licenses of electricity suppliers and gas suppliers that are licensed 24
by the Public Service Commission as of July 1, 2024, shall expire on a staggered basis as 25
determined by the Commission, such that equal numbers of licenses shall expire 26
throughout each of the following 3 years but not later than June 30, 2027; AND 27

(2) [the licenses of energy salespersons who are licensed by the 28
Commission on or before June 30, 2027, shall expire on a staggered basis as determined by 29
the Commission, such that equal numbers of licenses shall expire each year; and 30

(3)] all new and renewed licenses for electricity suppliers [,] AND gas 31
suppliers[, and energy salespersons] shall be for a term not exceeding 3 years. 32

[SECTION 5. AND BE IT FURTHER ENACTED, That, on or before December 31, 33
2024, the Public Service Commission shall: 34
HOUSE BILL 1443 21

(1) in accordance with § 7–311 of the Public Utilities Article, as enacted by 1
Section 1 of this Act, develop a training and education program for any entity or individual 2
that is licensed by the Commission as an electricity supplier, a gas supplier, an energy 3
salesperson, or an energy vendor; and 4

(2) in accordance with § 2–1257 of the State Government Article, report to 5
the General Assembl y on the status of the development of the training and education 6
program required under § 7 –311 of the Public Utilities Article, as enacted by Section 1 of 7
this Act.] 8

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10