Public Utilities - Transmission Lines - Advanced Transmission Technologies

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0201*

SENATE BILL 201
C5 6lr1112
(PRE–FILED) CF HB 40
By: Senators Brooks, Hettleman, and West
Requested: October 7, 2025
Introduced and read first time: January 14, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

Public Utilities – Transmission Lines – Advanced Transmission Technologies 2

FOR the purpose of altering the definition of “qualified generator lead line” for provisions 3
of law regarding certificates of public convenience and necessity; requiring an 4
applicant for a certificate of public convenience and necessity for the construction of 5
an overhead transmission line to include certain information in its appl ication; 6
requiring the Public Service Commission to consider certain evidence before taking 7
final action on an application for a certificate of public convenience and necessity for 8
the construction of an overhead transmission line; requiring each owner or operator 9
of an overhead transmission line to submit certain reports to the Commission; and 10
generally relating to overhead transmission lines and advanced transmission 11
technologies. 12

BY repealing and reenacting, with amendments, 13
Article – Public Utilities 14
Section 7–207(a), (b)(3), and (f)(1) 15
Annotated Code of Maryland 16
(2025 Replacement Volume and 2025 Supplement) 17

BY adding to 18
Article – Public Utilities 19
Section 7–207.6 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 SENATE BILL 201

7–207. 1

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

(2) “ADVANCED TRANSMISSION TECHNOLOGIES” MEANS: 3

(I) GRID–ENHANCING TECHNOLOGIES; 4

(II) HIGH PERFORMANCE CONDUCTORS; OR 5

(III) ENERGY STORAGE USED AS TRANSMISSION. 6

(3) “Brownfields site” means: 7

(i) a former industrial or commercial site identified by federal or 8
State laws or regulation as contaminated or polluted; 9

(ii) a closed landfill regulated by the Department of the 10
Environment; or 11

(iii) mined land. 12

[(3)] (4) (i) “Construction” means: 13

1. any physical change at a site, including fabrication, 14
erection, installation, or demolition; or 15

2. the entry into a binding agreement or contractual 16
obligation to purchase equipment exclusively for use in construction in the State or to 17
undertake a program of actual construction in the State which cannot be canceled o r 18
modified without substantial loss to the owner or operator of the proposed generating 19
station. 20

(ii) “Construction” does not include a change that is needed for the 21
temporary use of a site or route for nonutility purposes or for use in securing geolog ical 22
data, including any boring that is necessary to ascertain foundation conditions. 23

[(4)] (5) “Generating station” does not include: 24

(i) a generating unit or facility that: 25

1. is used for the production of electricity; 26

2. has the capacity to produce not more than 2 megawatts of 27
alternating current; and 28

SENATE BILL 201 3

3. is installed with equipment that prevents the flow of 1
electricity to the electric grid during time periods when the electric grid is out of service; 2

(ii) a combination of two or more generating units or facilities that: 3

1. are used for the production of electricity from a solar 4
photovoltaic system or an eligible customer–generator that is subject to the provisions of § 5
7–306 of this title; 6

2. are located on the same property or adjacent properties; 7

3. have the capacity to produce, when calculated 8
cumulatively for all generating units or facilities on the property or adjacent property, more 9
than 2 megawatts but not more than 14 megawatts of alternating current; and 10

4. for each individual generating unit or facility: 11

A. has the capacity to produce not more than 2 megawatts of 12
alternating current; 13

B. is separately metered by the electric company; and 14

C. does not export electricity for sale on the wholesale market 15
under an agreement with PJM Interconnection, LLC; 16

(iii) a generating unit or facility that: 17

1. is used for the production of electricity for the purpose of: 18

A. onsite emergency backup at a facility when service from 19
the electric company is interrupted due to electric distribution or transmission system 20
failure or when there is equipment failure at a site where critical infrastructure is located; 21
and 22

B. test and maintenance operations necessary to ensure 23
functionality of the generating unit or facility in the event of a service interruption from 24
the electric company due to electric distribution or transmission system failure or when 25
there is equipment failure at a site where critical infrastructure is located; 26

2. is insta lled with equipment that prevents the flow of 27
electricity to the electric grid; 28

3. is subject to a permit to construct issued by the 29
Department of the Environment; and 30

4 SENATE BILL 201

4. is installed at a facility that is part of critical 1
infrastructure if the facility complies with all applicable regulations regarding noise level 2
and testing hours; or 3

(iv) a combination of two or more generating units or facilities that 4
satisfy item (iii) of this paragraph. 5

[(5)] (6) (I) “GRID–ENHANCING TECHNOLOGY ” MEANS 6
HARDWARE OR SOFTWARE THAT INCREASES THE C APACITY, EFFICIENCY, OR 7
RELIABILITY OF EXISTING TRANSMISSION SYSTEMS. 8

(II) “GRID–ENHANCING TECHNOLOGY” INCLUDES: 9

1. A SYSTEM THAT USES R EAL–TIME OR FORECASTED 10
WEATHER AND OPERATING CONDITIONS TO DETE RMINE THE TRANSFER CAPACITY 11
OF TRANSMISSION SYSTEMS; 12

2. TECHNOLOGY THAT MODU LATES CIRCUIT 13
IMPEDANCE OR OTHER ELECTRICAL PROPERTIES TO REROUTE POWER FLOWS AND 14
RELIEVE CONGESTION; AND 15

3. SOFTWARE THAT IDENTI FIES SWITCHING 16
CONFIGURATIONS TO RE ROUTE ELECTR ICITY AND ALLEVIATE TRANSMISSION 17
CONSTRAINTS. 18

(7) “HIGH PERFORMANCE COND UCTORS” MEANS CONDUCTORS , 19
INCLUDING CARBON FIB ER CONDUCTORS , COMPOSITE CORE CONDU CTORS, OR 20
SUPERCONDUCTORS, THAT: 21

(I) HAVE A SIMILAR DIAME TER AND WEIGHT AS TR ADITIONAL 22
ACSR CONDUCTORS; 23

(II) HAVE A DIRECT CURREN T ELECTRICAL RESISTA NCE AT 24
LEAST 10% LESS THAN TRADITIONAL ACSR CONDUCTORS; 25

(III) INCREASE THE POTENTI AL ENERGY CARRYING C APACITY 26
BY AT LEAST 75% COMPARED TO TRADITIONAL ACSR CONDUCTORS; AND 27

(IV) HAVE A COEFFICIENT OF THERMAL EXPANSION OF AT LEAST 28
30% LESS THAN TRADITIONAL ACSR CONDUCTORS. 29

(8) (i) “Mined land” means the surface or subsurface of an area in which 30
surface mining operations will be, are being, or have been conducted. 31

SENATE BILL 201 5

(ii) “Mined land” includes: 1

1. private ways and roads used for mining appurtenant to 2
any surface mining area; 3

2. land excavations; 4

3. workings; and 5

4. overburden. 6

[(6)] (9) “Qualified generator lead line” means an overhead transmission 7
line [that is] AND ANY ASSOCIATED ADVANCED TRANSMISSION TECHNOLOGY designed 8
to carry, OR SUPPORT THE CARRYING OF, a voltage in excess of 69,000 volts and would 9
allow an out –of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of 10
the electric system in Maryland that is owned by an electric company. 11

(10) “TRADITIONAL ACSR CONDUCTORS” MEANS ELECT RICAL 12
CABLES USED IN OVERHEAD TRANSMISSION SYSTEMS THAT CONSIST OF A CENTRAL 13
CORE OF GALVANIZED STEEL WIRES SURROUNDED BY STRANDS OF ALUMINUM. 14

(b) (3) (i) Except as provided in paragraph (4) of this subsection, unless a 15
certificate of public convenience and necessity for the construction is first obtained from the 16
Commission, a person may not begin construction of an overhead transmission line that is 17
designed to carry a voltage in excess of 69,000 volts or exercise a right of condemnation 18
with the construction. 19

(ii) For construction related to an existing overhead transmission 20
line, the Commission may waive the requirement in subparagraph (i) of this paragraph for 21
good cause. 22

(iii) Notwithstanding subparagraph (i) of this paragraph and subject 23
to subparagraph [(iv)] (V) of this paragraph, the Commission may issue a certificate of 24
public convenience and necessity for the construction of an overhead transmission line only 25
if the applicant for the certificate of public convenience and necessity: 26

1. is an electric company; or 27

2. is or, on the start of commercial operation of the overhead 28
transmission line, will be subject to regulation as a public utility by an officer or an agency 29
of the United States. 30

(iv) AN APPLICANT FOR A CE RTIFICATE OF PUBLIC 31
CONVENIENCE AND NECE SSITY FOR THE CONSTR UCTION OF AN OVERHEA D 32
TRANSMISSION LINE SHALL INCLUDE IN ITS APPLICATION: 33

6 SENATE BILL 201

1. EVIDENCE THAT THE AP PLICANT CONSIDERED , AS 1
PART OF THE APPLICANT’S INTERNAL PLANNING PROCESS, ANY LOCAL, STATE, OR 2
FEDERAL GOVERNMENT TRANSMISS ION PLANNING PROCESS ES AND ANY 3
TRANSMISSION PLANNIN G PROCESSES REQUIRED BY PJM INTERCONNECTION, 4
LLC, INCLUDING: 5

A. ALTERNATIVES TO THE PROPOSED TRANSMISSIO N 6
LINE; 7

B. AN ANALYSIS OF ADVAN CED TRANSMISSION 8
TECHNOLOGIES AND WHE THER THE USE OF THE TEC HNOLOGIES WILL ENHAN CE 9
THE VALUE OF THE NEW LEAD LINE, LEADING TO INCREASED RATEPAYER VALUE 10
THROUGH EFFICIENCY AND AVOIDED COSTS; 11

C. ALTERNATIVE ROUTINGS; 12

D. TECHNOLOGIES OR MODIFICATIONS TO ONE OR MORE 13
ELECTRIC DISTRIBUTION S YSTEMS IN THE STATE THAT COULD AVOI D THE NEED 14
FOR THE TRANSMISSION LINE; 15

E. THE COST TO RATEPAYERS; 16

F. RESOURCE ADEQUACY; 17

G. ENERGY EFFICIENCY AND DEMAND RESPONSE; 18

H. THE IMPACT OF THE PROJECT ON THE ENVIRONMENT; 19

I. A REVIEW OF AN INTEGRATED ELECTRIC 20
TRANSMISSION–DISTRIBUTION SYSTEM TO ADDRESS THE NEED FOR THE 21
TRANSMISSION LINE; AND 22

J. ANY OTHER INFORMATIO N THE COMMISSION 23
CONSIDERS APPROPRIATE; AND 24

2. AN ANALYSIS OF THE T RANSMISSION LINE ROU TE 25
SELECTION, INCLUDING: 26

A. RISKS ASSOCIATED WITH THE COSTS ESTIMATES; 27

B. COST CONTAINMENT EFFORTS; 28

C. CONSTRUCTION SCHEDULE; 29
SENATE BILL 201 7

D. ACQUISITION OF LAND AND RIGHTS–OF–WAY; 1

E. OUTAGE COORDINATION; AND 2

F. THE APPLICANT ’S EXPERIENCE WORKING WITH 3
COMMUNITIES AND STAKEHOLDERS ON ROUTE CONSIDERATION. 4

(V) The Commission may not issue a certificate of public 5
convenience and necessity for the construction of an overhead transmission line in the 6
electric distribution service territory of an electric company to an a pplicant 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 an 13
overhead transmission line for which a certificate of public convenience and necessity is 14
required under this section. 15

2. On issuance of a certificate of public convenience and 16
necessity for the construction of an overhead transmission line, a person may acquire by 17
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

(f) For the construction of an overhead transmission line, in addition to the 20
considerations listed in subsection (e) of this section, the Commission shall: 21

(1) take final action on an application for a certificate of public convenience 22
and necessity only after due consideration of: 23

(i) the need to meet existing and future demand for electric service; 24
[and] 25

(ii) EVIDENCE THAT ALTERN ATIVES HAVE BEEN CON SIDERED 26
BY THE APPLICANT IN ACCORDANCE WITH SUBSECTION (B)(3)(IV) OF THIS SECTION; 27
AND 28

(III) for construction related to a new overhead transmission line, the 29
alternative routes that the applicant considered, including the estimated capital and 30
operating costs of each alternative route and a statement of the reason why the alternative 31
route was rejected; 32

8 SENATE BILL 201

7–207.6. 1

(A) IN THIS SECTION , “ADVANCED TRANSMISSIO N TECHNOLOGIES ” HAS 2
THE MEANING STATED IN § 7–207 OF THIS SUBTITLE. 3

(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 4
BEFORE DECEMBER 1, 2026, AND EVERY 4 YEARS THEREAFTER, EACH OWNER OR 5
OPERATOR OF AN OVERH EAD TRANSMISSION LIN E SHALL SUBMIT TO TH E 6
COMMISSION A REPORT THAT: 7

(I) IDENTIFIES AREAS OF TRANSMISSION CONGEST ION FOR 8
THE IMMEDIATELY PREC EDING 3 YEARS AND ANY REASON ABLY FORESEEABLE 9
TRANSMISSION CONGESTION ISSUES FOR THE 5 YEARS IMMEDIATELY FO LLOWING 10
THE DATE OF THE REPORT; 11

(II) IDENTIFIES THE PROJE CTED OR ACTUAL COST TO 12
RATEPAYERS AS A RESU LT OF PAST AND PROJE CTED FUTURE TRANSMIS SION 13
CONGESTION; 14

(III) IDENTIFIES THE FEASIBILITY AND COST OF USING 15
ALTERNATIVE MEANS OF ADDRESSING TRANSMISS ION CONGESTION , INCLUDING 16
THE USE OF ADVANCED TRANSMISSION TECHNOLOGIES; 17

(IV) IDENTIFIES THE ECONOMIC, ENVIRONMENTAL, AND SOCIAL 18
ISSUES POSED BY THE USE OF EACH ALTERNATIVE MEANS IDENTIFIED UNDER ITEM 19
(III) OF THIS PARAGRAPH; AND 20

(V) IF FEASIBLE , PROPOSES AN ADVANCED TRANSMISSION 21
TECHNOLOGY IMPLEMENT ATION PLAN TO ADDRES S AREAS OF TRANSMISS ION 22
CONGESTION IDENTIFIED UNDER ITEM (I) OF THIS PARAGRAPH. 23

(2) THE COMMISSION MAY MODIFY THE REPORTING SCHEDULE 24
SPECIFIED IN PARAGRAPH (1) OF THIS SUBSECTION. 25

(C) AN OWNER OR OPERATOR OF AN OVERHEAD TRANS MISSION LINE MAY 26
USE ANY AVAILABLE DA TA FROM PJM INTERCONNECTION, LLC, OR OTHER 27
SOURCES IN COMPLETING THE REPORT REQUIRED UNDER THIS SECTION. 28

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2026. 30