Retail Supply of Electricity and Gas (Energy Savings Act of 2026)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1633*

HOUSE BILL 1633
C5 6lr3685

By: Delegates Rose, Adams, Baker, Buckel, Hartman, Hornberger, Miller, Pippy,
Stonko, Tomlinson, Valentine, and Wivell
Introduced and read first time: February 25, 2026
Assigned to: Rules and Executive Nominations

A BILL ENTITLED

AN ACT concerning 1

Retail Supply of Electricity and Gas 2
(Energy Savings Act of 2026) 3

FOR the purpose of repealing certain provisions relating to energy salespersons and energy 4
vendors, residential energy retailers, residential electricity supplier license terms , 5
and green power; repealing the authority of the Public Service Commission to take 6
certain disciplinary actions against electricity suppliers and gas suppliers; altering 7
the amount of certain civil penalties that may be assessed with respect to electricity 8
suppliers and gas suppliers for certain violations; repealing certain restrictions on 9
the offer and sale of certain electricity supply and gas supply; repealing certain 10
reporting requirements for electricity suppliers; abolishing a certain division within 11
the Commission; p roviding for the transfer of certain employees; and generally 12
relating to retail energy supply. 13

BY repealing 14
Article – Public Utilities 15
Section 1–101(l–1) and (l–2), 7–315, 7–317, 7–318, 7–510(d), and 7–707 16
Annotated Code of Maryland 17
(2025 Replacement Volume and 2025 Supplement) 18

BY repealing and reenacting, without amendments, 19
Article – Public Utilities 20
Section 1–101(a) 21
Annotated Code of Maryland 22
(2025 Replacement Volume and 2025 Supplement) 23

BY repealing and reenacting, with amendments, 24
Article – Public Utilities 25
Section 7–310, 7 –311, 7 –507, 7–510(e) through (i) , 7–602, 7–603, 7 –603.1, 7–604, 26
7–604.2, 7–605, 7–705(a), and 13–201(e)(3) 27
2 HOUSE BILL 1633

Annotated Code of Maryland 1
(2025 Replacement Volume and 2025 Supplement) 2

BY repealing and reenacting, with amendments, 3
Chapter 537 of the Acts of the General Assembly of 2024 4
Section 5 5

BY repealing 6
Chapter 537 of the Acts of the General Assembly of 2024 7
Section 4 8

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That Section(s) 7 –315, 7 –317, 7–318, and 7 –707 of Article – Public Utilities of the 10
Annotated Code of Maryland be repealed. 11

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 12
as follows: 13

Article – Public Utilities 14

1–101. 15

(a) In this division the following words have the meanings indicated. 16

[(l–1) (1) “Energy salesperson” means an individual who is licensed by the 17
Commission to sell: 18

(i) electricity or electricity sup ply services to residential retail 19
electric customers on behalf of an electricity supplier as an employee or agent of the 20
electricity supplier; or 21

(ii) gas or gas supply services to residential retail gas customers on 22
behalf of a gas supplier as an employee or agent of the gas supplier. 23

(2) “Energy salesperson” does not include: 24

(i) the Department of General Services when the Department of 25
General Services sells energy under § 7–704.4 of this article; 26

(ii) the Washington Suburban Sanitary Com mission when the 27
Washington Suburban Sanitary Commission sells energy under Division II of this article; 28

(iii) a community choice aggregator under § 7–510.3 of this article; or 29

(iv) an employee or contractor of an electric company when the 30
employee or contractor is performing duties specific to standard offer service. 31

HOUSE BILL 1633 3

(l–2) “Energy vendor” means a person that has a contract or subcontract to provide 1
energy sales services to an electricity supplier or a gas supplier that provides electricity 2
supply services or gas supply services, respectively, to a residential customer.] 3

7–310. 4

(a) In this section, “Fund” means the Education and Protection Fund. 5

(b) There is an Education and Protection Fund. 6

(c) The purpose of the Fund is to provide resources to improve the Commission’s 7
ability to: 8

(1) educate customers on: 9

(i) retail electric and gas choice; and 10

(ii) energy choices that help meet the State’s climate commitments 11
under § 7–319 of this subtitle and § 2–1204.2 of the Environment Article; 12

(2) protect customers from unfair, false, misleading, or deceptive practices 13
by electricity suppliers[, energy salespersons, energy vendors,] or gas suppliers; and 14

(3) develop a training and educational program for electricity suppliers [,] 15
AND gas suppliers[, energy salespersons, and energy vendors ] as provided under § 7 –311 16
of this subtitle. 17

(d) The Commission shall administer the Fund. 18

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 19
the State Finance and Procurement Article. 20

(2) The State Treasurer shall hold the Fund separately, and the 21
Comptroller shall account for the Fund. 22

(f) The Fund consists of: 23

(1) revenue distributed to the Fund under § 13–201(e)(3) of this article; 24

(2) money appropriated in the State budget to the Fund; and 25

(3) any other money from any other source accepted for the benefit of the 26
Fund. 27

(g) The Fund may be used only to: 28

4 HOUSE BILL 1633

(1) educate retail electric or gas customers on retail choice and energy 1
choices that help to meet the State’s climate commitments under § 7 –319 of this subtitle 2
and § 2–1204.2 of the Environment Article; 3

(2) improve customer protections for retail electric or gas customers; and 4

(3) develop a training and educational program for ele ctricity suppliers[,] 5
AND gas suppliers[, energy salespersons, and energy vendors ] as provided under § 7 –311 6
of this subtitle. 7

(h) (1) The State Treasurer shall invest the money of the Fund in the same 8
manner as other State money may be invested. 9

(2) Any investment earnings of the Fund shall be credited to the General 10
Fund of the State. 11

(i) Expenditures from the Fund may be made only in accordance with the State 12
budget. 13

7–311. 14

(a) The Commission shall develop a training and educational program for any 15
entity or individual that is licensed by the Commission as an electricity supplier [,] OR a 16
gas supplier[, an energy salesperson, or an energy vendor]. 17

(b) The Commission shall develop the program in consultation with interested 18
stakeholders, includi ng electricity suppliers [,] AND gas suppliers[, energy salespersons, 19
and energy vendors]. 20

(c) The program shall require that a designated representative of each licensed 21
electricity supplier[,] OR licensed gas supplier[, licensed energy vendor, or licensed energy 22
salesperson] demonstrate a thorough understanding of the Commission’s regulations 23
regarding: 24

(1) sales; 25

(2) consumer protection; and 26

(3) any other matter the Commission deems appropriate. 27

(d) At the conclusion of the training, the Commission shall: 28

(1) conduct an examination; and 29

HOUSE BILL 1633 5

(2) on a satisfactory score, certify that the designated representative of the 1
licensed electricity supplier [,] OR licensed gas supplier [, licensed energy salesperson, or 2
licensed energy vendor] has successfully completed the training. 3

(e) (1) The Commission shall determine the schedule and frequency by which 4
a designated representative of a licensed electricity supplier [,] OR licensed gas supplier[, 5
licensed energy salesperson, or licensed energy vendor] must complete the training and 6
certification. 7

(2) A designated representative of a new electricity supplier [,] OR gas 8
supplier[, energy salesperson, or energy vendor ] shall complete the training and 9
certification prior to the issuance of a license. 10

(f) The Commission may adopt regulations that include appropriate penalties or 11
sanctions for failure to comply with this section. 12

(g) (1) The Commission shall use the fo llowing funding sources for the initial 13
development of the training and educational program: 14

(i) the assessments collected in accordance with § 2 –110 of this 15
article; or 16

(ii) funds deposited into the Education and Protection Fund in 17
accordance with § 7–310 of this subtitle. 18

(2) The Commission may establish reasonable fees to pay for the costs of 19
the program. 20

7–507. 21

(a) A person, other than an electric company providing standard offer service 22
under § 7–510(c) of this subtitle, a municipal electric utility serving customers solely in its 23
distribution territory, the Department of General Services selling energy under § 7 –704.4 24
of this title, or a community choice aggregator under § 7 –510.3 of this subtitle, may not 25
engage in the business of a n electricity supplier in the State unless the person holds a 26
license issued by the Commission. 27

(b) [(1)] An application for an electricity supplier license shall: 28

[(i)] (1) be made to the Commission in writing on a form adopted 29
by the Commission; 30

[(ii)] (2) be verified by oath or affirmation; and 31

[(iii)] (3) contain information that the Commission requires, 32
including: 33
6 HOUSE BILL 1633

[1.] (I) proof of technical and managerial competence; 1

[2.] (II) proof of compliance with all applicable 2
requirements of the Federal Energy Regulatory Commission, and any independent system 3
operator or regional or system transmission operator to be used by the licensee; 4

[3.] (III) a certification of compliance with applicable federal 5
and State environmental laws an d regulations that relate to the generation of electricity; 6
and 7

[4.] (IV) payment of the applicable licensing fee. 8

[(2) (i) The term of a residential electricity supplier license is 3 years. 9

(ii) The terms of licenses may be staggered as determ ined by the 10
Commission. 11

(iii) Unless a license for a residential electricity supplier is renewed 12
for a 3–year term in accordance with this subsection, the license expires on the date that 13
the Commission sets. 14

(iv) A licensee may renew a license for a 3 –year term before the 15
license expires if the licensee: 16

1. otherwise is entitled to be licensed; 17

2. submits to the Commission a renewal application on the 18
form that the Commission provides; and 19

3. pays to the Commission the applicable ren ewal fee set by 20
the Commission.] 21

(c) The Commission shall, by regulation or order: 22

(1) require proof of financial integrity; 23

(2) require a licensee to post a bond or other similar instrument if, in the 24
Commission’s judgment, the bond or similar instrument is necessary to insure an electricity 25
supplier’s financial integrity; 26

(3) require a licensee to: 27

(i) provide proof that the licensee is qualified to do business in the 28
State with the Department of Assessments and Taxation; and 29

HOUSE BILL 1633 7

(ii) agree to be subject to all applicable taxes; and 1

(4) adopt any other requirements the Commission finds to be in the public 2
interest, which may include different requirements for: 3

(i) electricity suppliers that serve only large customers; and 4

(ii) the different categories of electricity suppliers. 5

(d) A license issued under this section may not be transferred without prior 6
Commission approval. 7

(e) The Commission shall adopt regulations or issue orders to: 8

(1) protect consumers, electric companies[,] AND electricity suppliers [, 9
energy salespersons, and energy vendors] from anticompetitive and abusive practices; 10

(2) require each electricity supplier [, each energy salesperson, and each 11
energy vendor ] to provide, in addition to the require ments under § 7 –505(b)(5) of this 12
subtitle, adequate and accurate customer information to enable customers to make 13
informed choices regarding the purchase of any electricity services offered by the electricity 14
supplier; 15

(3) establish reasonable restrictions on telemarketing; 16

(4) establish procedures for contracting with customers; 17

(5) establish requirements and limitations relating to deposits, billing, 18
collections, and contract cancellations; 19

(6) establish provisions providing for the referral of a delinquent account 20
by an electricity supplier to the standard offer service under § 7–510(c) of this subtitle; and 21

(7) establish procedures for dispute resolution. 22

(f) In accordance with regulations or orders of the Commission, electricity bills, 23
for competitive and regulated electric services, provided to consumers may provide, in 24
addition to the requirements of § 7 –505(b)(5) of this subtitle and subsection (e)(2) of this 25
section, the following information: 26

(1) the identity and phone number of the electricity supplier of the service; 27

(2) sufficient information to evaluate prices and services; and 28

(3) information identifying whether the price is regulated or competitive. 29

8 HOUSE BILL 1633

(g) (1) An electricity supplier [, an energy salesperson, an energy vendor,] or 1
any person or governmental unit may not, without first obtaining the customer’s 2
permission: 3

(i) make any change in the electricity supplier for a customer; or 4

(ii) add a new charge for a new or existing service or option. 5

(2) The Commission shall adopt regulations or issue orders establishing 6
procedures to prevent the practices prohibited under paragraph (1) of this subsection. 7

(h) (1) An electricity supplier [, an energy salesperson, or an energy vendor ] 8
may not discriminate agai nst any customer based wholly or partly on race, color, creed, 9
national origin, gender identity, disability, sexual orientation, or sex of an applicant for 10
service or for any arbitrary, capricious, or unfairly discriminatory reason. 11

(2) An electricity s upplier[, an energy salesperson, or an energy vendor ] 12
may not refuse to provide service to a customer except by the application of standards that 13
are reasonably related to the electricity supplier’s economic and business purposes. 14

(i) An electricity supplier[, an energy salesperson, and an energy vendor ] shall 15
be subject to all applicable federal and State environmental laws and regulations. 16

(j) An electricity supplier shall post on the Internet information that is readily 17
understandable about its s ervices and rates for small commercial and residential electric 18
customers. 19

(k) (1) [Subject to subsection (r) of this section, for ] FOR just cause on the 20
Commission’s own investigation or on complaint of the Office of People’s Counsel, the 21
Attorney General, or an affected party, the Commission may: 22

(i) [deny a license to, or] revoke[,] OR suspend[, or refuse to renew] 23
the license of[,] an electricity supplier[, an energy salesperson, or an energy vendor]; 24

(ii) impose a civil penalty or other remedy; 25

(iii) order a refund or credit to a customer; or 26

(iv) impose a moratorium on adding or soliciting additional 27
customers by the electricity supplier[, energy salesperson, or energy vendor]. 28

(2) A civil penalty may be imposed in addition to the Commission’s decision 29
to [deny,] revoke[,] OR suspend[, or refuse to renew] a license or impose a moratorium. 30

(3) Just cause includes: 31

HOUSE BILL 1633 9

(i) intentionally providing false information to the Commission; 1

(ii) switching, or causing to be switched, the electricity supply for a 2
customer without first obtaining the customer’s permission; 3

(iii) failing to provide electricity for its customers; 4

(iv) committing fraud or engaging in deceptive practices; 5

(v) failing to maintain financial integrity; 6

(vi) violating a Commission regulation or order; 7

(vii) failing to pay, collect, remit, or calculate accurately applicable 8
State or local taxes; 9

(viii) violating a provision of this article or any other applicable 10
consumer protection law of the State; 11

(ix) conviction of a felony by the licensee or principal of the licensee 12
or any crime involving fraud, theft, or deceit; 13

(x) [denial,] suspension[,] or revocation of [or refusal to renew ] a 14
license by any State or federal authority; and 15

(xi) commission of any of the acts described in items (i) through (x) of 16
this paragraph by a person that is an affiliate of the licensee or that is under common 17
control with the licensee. 18

(l) (1) An electricity supplier[, an energy vendor,] or any other person[, except 19
for an energy salesperson,] selling or offering to sell electricity in the State in violation of 20
this section [or § 7–318 of this title], after notice and an opportunity for a hearing, is subject 21
to: 22

(i) a civil penalty of not more than [$25,000] $10,000 for the 23
violation; OR 24

(ii) license [denial,] revocation[,] or suspension [or refusal to renew 25
the license; or 26

(iii) both]. 27

(2) [An energy salesperson selling or offering to sell electricity in the State 28
in violation of this section or § 7 –317 of this title, after notice and an opportunity for a 29
hearing, is subject to license denial, revocation, or suspension or refusal to renew the 30
license. 31
10 HOUSE BILL 1633

(3)] Each day [or part of a day] a violation continues is a separate violation. 1

[(4)] (3) Each INSTANCE OF A customer [to whom electricity is ] BEING 2
sold or offered ELECTRICITY in violation of this section is a separate violation. 3

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

(i) the number of previous violations of any provision of this division 6
by the electricity supplier[, energy vendor,] or other person; 7

(ii) the gravity of the current violation; 8

(iii) the good faith of the electricity suppl ier[, energy vendor, ] or 9
other person charged in attempting to achieve compliance after notification of the violation; 10
and 11

(iv) any other matter that the Commission considers appropriate and 12
relevant. 13

(m) In connection with a consumer complaint or Commission investigation under 14
this section [or § 7 –317 or § 7 –318 of this title ], an electricity supplier [, an energy 15
salesperson, energy vendor,] and any other person selling or offering to sell electricity in 16
the State shall provide to the Commission access to any accounts, books, papers, and 17
documents that the Commission considers necessary to resolve the matter at issue. 18

(n) The Commission may order the electricity supplier [, energy salesperson, an 19
energy vendor,] or other person to cease adding or soliciting additional customers or to 20
cease serving customers in the State. 21

(o) The Commission shall consult with the Consumer Protection Division of the 22
Office of the Attorney General before issuing regulations designed to protect consumers. 23

(p) The People’s Counsel shall have the same authority in licensing, complaint, 24
and dispute resolution proceedings as it has in Title 2 of this article. 25

(q) Nothing in this subtitle may be construed to affect the authority of the 26
Division of Consumer Protection in the Office of the Attorney General to enforce violations 27
of Titles 13 and 14 of the Commercial Law Article or any other applicable State law or 28
regulation in connection with the activities of electricity suppliers [, energy salespersons, 29
and energy vendors]. 30

[(r) The Commission may not impose a civil penalty on an energy salesperson 31
under subsection (k) or (l) of this section.] 32

HOUSE BILL 1633 11

7–510. 1

[(d) (1) This subsection applies to residential electricity supply other than 2
supply offered through: 3

(i) standard offer service; 4

(ii) the Department of General Services’ sale of energy under § 5
7–704.4 of this title; or 6

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

(2) A residential electricity supplier: 8

(i) may offer electricity, other than green power, only at a price that 9
does not exceed the trailing 12 –month average of the electric company’s standard offer 10
service rate in the electric company’s service territory as of the date of agreement with the 11
customer; 12

(ii) may offer residential electricity supply only for a term not to 13
exceed 12 months at a time; 14

(iii) may, for electricity supply other than green power, automatically 15
renew the term only if the electricity supplier provides notice to the customer 90 days before 16
and 30 days before renewal; 17

(iv) may offer green power that meets the requirements of § 7–707 of 18
this title, but may not automatically renew the term with the customer; 19

(v) subject to paragraph (3) of this subsection, may not offer a 20
variable rate other than a rate that adjusts for seasonal variation not more than twice in a 21
single year; and 22

(vi) may not pay a commission or other incentive–based 23
compensation to an energy salesperson for enrolling customers. 24

(3) Paragraph (2)(v) of this subsection does not prohibit the offer and use 25
of time–of–use rates that establish different rates for periods within a single day. 26

(4) A residential electricity supplier may not sell to an electric company, 27
and an electric company may not purchase from the electricity supplier, accounts 28
receivable.] 29

[(e)] (D) (1) This subsection does not apply to: 30

(i) the Department of General Services’ s ale of energy under § 31
7–704.4 of this title; or 32
12 HOUSE BILL 1633

(ii) a community choice aggregator under § 7–510.3 of this subtitle. 1

(2) An electric company and a residential electricity supplier shall 2
establish a mechanism for a customer whose account number or c ustomer choice 3
identification number has been compromised to receive a replacement account number or 4
customer choice identification number on request, subject to verification in a manner 5
approved by the Commission. 6

[(f)] (E) (1) This subsection does not apply to: 7

(i) the Department of General Services’ sale of energy under § 8
7–704.4 of this title; or 9

(ii) a community choice aggregator under § 7–510.3 of this subtitle. 10

(2) Except as provided in paragraph (3) of this subsection, as approved by 11
the Commission by regulation or order, each electric company and each residential 12
electricity supplier shall allow a customer to indicate the customer’s intention to remain on 13
standard offer service indefinitely and not to receive directed marketing contact s from 14
electricity suppliers through the implementation of a “do not transfer” list onto which the 15
customer may request to be placed. 16

(3) A residential electricity supplier may contact a customer on a “do not 17
transfer” list until the electricity supply agreement entered into between the electricity 18
supplier and the customer expires. 19

[(g)] (F) (1) In this subsection, “billing entity” means an electric company, a 20
licensed electricity supplier, or any other entity that is responsible for issuing an electr ic 21
bill to a residential customer. 22

(2) On or before the 15th day of each month, each billing entity shall submit 23
a report to the Commission on customer choice in its service territory for the preceding 24
month, including: 25

(i) the total kilowatt –hours distributed to customers purchasing 26
electricity from a third–party electricity supplier; 27

(ii) the total supply cost charged to customers purchasing electricity 28
from a third–party electricity supplier; 29

(iii) the total cost that customers specified i n item (ii) of this 30
paragraph would have paid under standard offer service; 31

(iv) the net third–party total cost compared to the net standard offer 32
service cost; 33

HOUSE BILL 1633 13

(v) the total third–party average rate; 1

(vi) the standard offer service average rate; 2

(vii) the difference between the total third–party average rate and the 3
standard offer service average rate; 4

(viii) the third–party average residential rates broken out by supplier 5
and the variance between each of these rates and the standard offer service average rate; 6

(ix) the third–party average general service nondemand rates broken 7
out by supplier and the variance between each of these third–party rates and the standard 8
offer service average rate; 9

(x) the third–party average general service demand rates broken out 10
by supplier and the variance between each of these third–party rates and the standard offer 11
service average rate; 12

(xi) the third–party average large power demand rates broken out by 13
supplier and the variance between each of these third–party rates and the standard offer 14
service average rate; and 15

(xii) other pertinent information the Commission considers 16
appropriate. 17

[(h)] (G) The Commission shall, by regulation or order, adopt procedures to 18
implement this section. 19

[(i)] (H) Except as provided in § 7 –510.3 of this subtitle, a county or municipal 20
corporation may not act as an aggregator unless the Commission determines there is not 21
sufficient competition within the boundaries of the county or municipal corporation. 22

7–602. 23

The General Assembly finds and declares that the purpose of this subtitle is to: 24

(1) clarify existing law regarding the provision of competitive retail gas 25
supply and gas supply services in the State; 26

(2) require the Commission to license gas suppliers[, energy salespersons, 27
and energy vendors]; 28

(3) authorize the Commission to adopt complaint procedures; 29

(4) establish certain requirements relating to the competitiveness of retail 30
gas supply and gas supply services markets; and 31

14 HOUSE BILL 1633

(5) establish standards for the protection of consumers. 1

7–603. 2

(a) The Commission shall license gas suppliers[, energy salespersons, and energy 3
vendors] and shall have the same authority as the Commission has under [§§ 7 –317, 4
7–318, and 7–507] § 7–507 of this title for electricity suppliers, [energy salespersons, and 5
energy vendors,] including the authority to: 6

(1) [deny,] revoke[,] OR suspend[, or refuse to renew] a license; 7

(2) impose a moratorium, civil penalty, or other remedy; or 8

(3) order a refund for or credit to a customer. 9

(b) The Commission shall adopt licensing requirements and procedures for gas 10
suppliers[, energy salespersons, and energy vendors ] that protect consumers, the public 11
interest, and the collection of all State and local taxes, consistent with the requirements for 12
electricity suppliers under Subtitle 5 of this title [and energy salespersons and energy 13
vendors under Subtitle 3 of this title]. 14

7–603.1. 15

(a) (1) [Subject to subsection (b)(5) of this section, for ] FOR just cause on the 16
Commission’s own investigation or on complaint of the Office of People’s Counsel, the 17
Attorney General, or an affected party, the Commission may: 18

(i) [deny a license to, or] revoke[,] OR suspend[, or refuse to renew] 19
the license of[,] a gas supplier[, an energy salesperson, or an energy vendor]; 20

(ii) impose a civil penalty or other remedy; 21

(iii) order a refund or credit to a customer; or 22

(iv) impose a moratorium on adding or soliciting additional 23
customers by the gas supplier[, energy salesperson, or an energy vendor]. 24

(2) A civil penalty may be imposed in addition to the Commission’s decision 25
to [deny,] revoke[,] OR suspend[, or refuse to renew] a license or impose a moratorium. 26

(3) Just cause includes: 27

(i) intentionally providing false information to the Commission; 28

(ii) switching, or causing to be switched, the gas supply for a 29
customer without first obtaining the customer’s permission; 30
HOUSE BILL 1633 15

(iii) failing to provide gas for its customers; 1

(iv) committing fraud or engaging in deceptive practices; 2

(v) failing to maintain financial integrity; 3

(vi) violating a Commission regulation or order; 4

(vii) failing to pay, collect, remit, or calculate accurately applicable 5
State or local taxes; 6

(viii) violating a provision of this article or any other applicable 7
consumer protection law of the State; 8

(ix) conviction of a felony by the licensee or principal of the lice nsee 9
or any crime involving fraud, theft, or deceit; 10

(x) [denial,] suspension[,] or revocation of [or refusal to renew ] a 11
license by any State or federal authority; and 12

(xi) commission of any of the acts described in items (i) through (x) of 13
this p aragraph by a person that is an affiliate of the licensee or that is under common 14
control with the licensee. 15

(b) (1) [(i)] A gas supplier[, an energy vendor,] or any other person[, except 16
for an energy salesperson, ] selling or offering to sell gas in the State in violation of this 17
section or § 7–603 of this subtitle, after notice and an opportunity for a hearing, is subject 18
to: 19

[1.] (I) a civil penalty of not more than [$25,000] $10,000 20
for the violation; OR 21

[2.] (II) license [denial,] revocation[,] or suspension [or 22
refusal to renew the license; or 23

3. both]. 24

[(ii) An energy salesperson selling or offering to sell gas in the State 25
in violation of this section or § 7 –603 of this subtitle, after notice and an opportunity for a 26
hearing, is subject to license denial, revocation, or suspension or refusal to renew the 27
license.] 28

(2) Each day [or part of a day] a violation continues is a separate violation. 29

16 HOUSE BILL 1633

(3) Each INSTANCE OF A customer [to whom gas is] BEING sold or offered 1
GAS in violation of this section is a separate violation. 2

(4) The Commission shall determine the amount of any civil penalty after 3
considering: 4

(i) the number of previous violations of any provision of this division 5
by the gas supplier[, energy vendor,] or other person; 6

(ii) the gravity of the current violation; 7

(iii) the good faith of the gas supplier [, energy vendor, ] or other 8
person charged in attempting to achieve compliance after notification of the violation; and 9

(iv) any other matter that the Commission considers appropriate and 10
relevant. 11

[(5) The Commission may not impose a civil penalty on an individual energy 12
salesperson in accordance with this subsection.] 13

(c) In connection with a consumer complaint or Commission investigation under 14
this section or § 7 –603 of this subtitle, a gas supplier [, an energy salesperson, an energy 15
vendor,] and any other person selling or offering to sell gas in the State shall provide to the 16
Commission access to any accounts, books, papers, and documents that the Commission 17
considers necessary to resolve the matter at issue. 18

(d) The Commission may order t he gas supplier[, energy salesperson, an energy 19
vendor,] or other person to cease adding or soliciting additional customers or to cease 20
serving customers in the State. 21

7–604. 22

(a) On or before July 1, 2001, the Commission shall adopt consumer protection 23
orders or regulations for gas suppliers[, energy salespersons, and energy vendors] that: 24

(1) protect consumers from discriminatory, unfair, deceptive, and 25
anticompetitive acts and practices in the marketing, selling, or distributing of natural gas; 26

(2) provide for contracting, enrollment, and billing practices and 27
procedures; and 28

(3) the Commission considers necessary to protect the consumer. 29

(b) In adopting orders and regulations under this section, unless the Commission 30
determines that the circumstances do not require consistency, the Commission shall: 31

HOUSE BILL 1633 17

(1) provide customers with protections consistent with applicable 1
protections provided to retail electric customers; and 2

(2) impose appropriate requirements on gas suppliers [, energy 3
salespersons, and energy vendors ] that are consistent with applicable requirements 4
imposed on electricity suppliers[, energy salespersons, and energy vendors]. 5

7–604.2. 6

(a) In this section, “default gas commodity service” means the supply of retail gas 7
commodity service by a customer’s gas company. 8

(b) [(1) This subsection applies to residential gas supply other than default gas 9
commodity service provided by a gas company. 10

(2) A gas supplier that supplies gas to residential retail gas customers: 11

(i) may offer gas service only at a price that does not exceed the 12
trailing 12–month average of the gas company’s default gas commodity service in the gas 13
company’s service territory as of the date of the agreement with the customer; 14

(ii) may offer residential gas supply only for a term not to exceed 12 15
months at a time and may automatically renew the term only if the gas supplier provides 16
notice to the customer 90 days before and 30 days before renewal; 17

(iii) subject to paragraph (3) of this subse ction, may not offer a 18
variable rate other than a rate that adjusts for seasonal variation not more than twice in a 19
single year; and 20

(iv) may not pay a commission or other incentive –based 21
compensation to an energy salesperson for enrolling customers. 22

(3) Paragraph (2)(iii) of this subsection does not prohibit the offer and use 23
of rates that differ based on the total number of therms used by a customer in any billing 24
period. 25

(4) A gas supplier that supplies gas to residential retail gas customers may 26
not sell to a gas company, and a gas company may not purchase from the gas supplier, 27
accounts receivable. 28

(c)] A gas company and a gas supplier that supplies gas to residential retail gas 29
customers shall establish a mechanism for a customer whose account number or customer 30
choice identification number has been compromised to receive a replacement account 31
number or customer choice identification number on request, subject to verification in a 32
manner approved by the Commission. 33

18 HOUSE BILL 1633

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

(2) A gas supplier that supplies gas to residential retail gas customers may 7
contact a customer on a “do not transfer” list until the gas supply agreement entered into 8
between the gas supplier and the customer expires. 9

[(e)] (D) (1) In this subsection, “billing entity” means a gas c ompany, a 10
licensed gas supplier, or any other entity that is responsible for issuing a gas bill to a 11
residential customer. 12

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

(i) the total therms distributed to customers purchasing gas from a 16
third–party gas supplier; 17

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

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

(iv) the net third –party total cost compared to the net default gas 22
commodity service cost; 23

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

(vi) the default gas commodity service average rate; 25

(vii) the difference between the total third–party average rate and the 26
default gas commodity 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 default gas commodity service average 29
rate; 30

(ix) the third–party average general service nondemand rates broken 31
out by supplier and the variance between each of these third –party rates and the default 32
gas commodity service average rate; 33

HOUSE BILL 1633 19

(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 default gas 2
commodity 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 default gas 5
commodity service average rate; and 6

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

[(f)] (E) The Commission shall, by regulation or order, adopt procedures to carry 9
out this section. 10

7–605. 11

(a) This subtitle may not be construed to: 12

(1) affect the authority of the Division of Consumer Protection of the Office 13
of the Attorney Gen eral to enforce violations of Titles 13 and 14 of the Commercial Law 14
Article or any other applicable State law or regulation in connection with the activities of 15
gas suppliers[, energy salespersons, or energy vendors]; or 16

(2) exempt gas companies[,] AND gas suppliers[, energy salespersons, and 17
energy vendors ] from otherwise applicable State or federal consumer protection and 18
antitrust laws. 19

(b) The Commission shall consult with the Consumer Protection Division of the 20
Office of the Attorney General befo re adopting regulations designed to protect consumers 21
of gas supply and gas supply services. 22

(c) The People’s Counsel has the same authority in licensing, complaint, and 23
dispute resolution proceedings as the People’s Counsel has under Subtitle 5 of this title and 24
Title 2 of this article. 25

(d) In connection with a consumer complaint or Commission investigation under 26
this subtitle, a gas supplier[, an energy salesperson, or an energy vendor] shall provide to 27
the Commission access to any accounts, books, papers, and documents that the Commission 28
considers necessary to resolve a matter in dispute. 29

7–705. 30

(a) [(1) Except as provided in paragraph (2) of this subsection, each ] EACH 31
electricity supplier shall submit a report to the Commission each year in a fo rm and by a 32
date specified by the Commission that: 33

20 HOUSE BILL 1633

[(i)] (1) [1.] (I) demonstrates that the electricity supplier 1
has complied with the applicable renewable energy portfolio standard under § 7–703 of this 2
subtitle and includes the submission of the required amount of renewable energy credits; 3
or 4

[2.] (II) demonstrates the amount of electricity sales by 5
which the electricity supplier failed to meet the applicable renewable energy portfolio 6
standard; AND 7

[(ii)] (2) documents the level of participation of minority business 8
enterprises and minorities in the activities that support the creation of renewable energy 9
credits used to satisfy the standard under § 7 –703 of this subtitle, including development, 10
installation, and operation of generating facilities that create credits[; 11

(iii) documents the amounts and types of generation associated with 12
renewable energy credits purchased in compliance with § 7 –707(c) of this subtitle during 13
the reporting period; and 14

(iv) documents the amount of renewable energy certificates that do 15
not qualify as renewable energy credits as defined in § 7–701 of this subtitle, including, for 16
each certificate: 17

1. the energy source associated with the certificate, including 18
its location, when it was construct ed, and which electric distribution system received the 19
energy; 20

2. whether the purchase of the certificate was bundled with 21
a power purchase agreement from the energy source associated with the certificate; 22

3. whether the certificate was purchase d directly from the 23
operator of the energy source or through a third party; and 24

4. any other information required by the Commission. 25

(2) Paragraph (1)(iii) and (iv) of this subsection does not apply to: 26

(i) the Department of General Services’ s ale of energy under § 27
7–704.4 of this subtitle; or 28

(ii) a community choice aggregator under § 7–510.3 of this title]. 29

13–201. 30

(e) (3) A civil penalty assessed for a violation of [§ 7 –317, § 7 –318,] § 31
7–505(b)(7), § 7–507, § 7–603, § 7–603.1, § 7–604, OR § 7–606[, or § 7–707] of this article, 32
HOUSE BILL 1633 21

or a rule, an order, or a regulation adopted under any of those sections, shall be paid into 1
the Education and Protection Fund under § 7–310 of this article. 2

Chapter 537 of the Acts of 2024 3

SECTION 5. AND BE IT FURTHER ENACTED, That, on or before December 31, 4
2024, the Public Service Commission shall: 5

(1) in accordance with § 7–311 of the Public Utilities Article, as enacted by 6
Section 1 of this Act, develop a training and education program for any entity or individual 7
that is licensed by the Commission as an electricity supplier [,] OR a gas supplier [, an 8
energy salesperson, or an energy vendor]; and 9

(2) in accordance with § 2–1257 of the State Government Article, report to 10
the General Assembly on the s tatus of the development of the training and education 11
program required under § 7 –311 of the Public Utilities Article, as enacted by Section 1 of 12
this Act. 13

SECTION 3. AND BE IT FURTHER ENACTED, That Section 4 of Chapter 537 of 14
the Acts of the General Assembly of 2024 be repealed. 15

SECTION 4. AND BE IT FURTHER ENACTED, That the division within the Public 16
Service Commission established in accordance with Section 2 of Chapter 537 of the Acts of 17
the General Assem bly of 2024 shall be abolished. Any Position Identification Numbers 18
(PINs) created in accordance with Section 2 of Chapter 537 of the Acts of the General 19
Assembly of 2024 shall remain with the Commission and any employee hired or assigned 20
to that division shall be reassigned to an equivalent position elsewhere within the 21
Commission. No employee affected by a reassignment in accordance with this section shall 22
suffer any diminution in pay or benefits resulting from the reassignment. 23

SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall be construed to 24
apply only prospectively and may not be applied or interpreted to have any effect on or 25
application to any electricity supply agreement or gas supply agreement that is in effect on 26
or before the effective date of this Act. 27

SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2026. 29