Certificate of Public Convenience and Necessity - BURDEN Analysis (CHERISH Our Communities Act)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0780*

SENATE BILL 780
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By: Senator Brooks
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment

A BILL ENTITLED

AN ACT concerning 1

Certificate of Public Convenience and Necessity – BURDEN Analysis 2
(CHERISH Our Communities Act) 3

FOR the purpose of requiring that an application for a certificate of public convenience and 4
necessity for certain generating stations located within a certain at–risk census tract 5
include with the application a baseline understanding of risk, disparities, and 6
environmental needs (BURDEN) report describing and including information on 7
certain environmental and public health burdens; altering the contents of a certain 8
notice that must be provided on receipt of an application for a certificate of public 9
convenience and necessity; requiring the Public Service Commission to make certain 10
determinations as to whether issuing a certain certificate of public convenience and 11
necessity will cause or contribute to certain adverse environmental or public health 12
stressors; specifying the circumstances under which the Commission must deny an 13
application for a certificate o f public convenience and necessity; and generally 14
relating to certificates of public convenience and necessity for generating stations. 15

BY repealing and reenacting, without amendments, 16
Article – Environment 17
Section 1–101(a), (e), and (j) and 1–701(a)(1) and (7) 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2025 Supplement) 20

BY repealing and reenacting, with amendments, 21
Article – Public Utilities 22
Section 7–207(a), (c), and (d)(1)(i) 23
Annotated Code of Maryland 24
(2025 Replacement Volume and 2025 Supplement) 25

BY adding to 26
Article – Public Utilities 27
Section 7–207(b–1) and (d–1) 28
2 SENATE BILL 780

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

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4

Article – Environment 5

1–101. 6

(a) In this article the following words have the meanings indicated. 7

(e) “EJ Score” means an overall evaluation of an area’s environment and existing 8
environmental justice indicators, as defined by the Department in regulation, including: 9

(1) Pollution burden exposure; 10

(2) Pollution burden environmental effects; 11

(3) Sensitive populations; and 12

(4) Socioeconomic factors. 13

(j) “Maryland EJ tool” means a publicly available State mapping tool that allows 14
users to: 15

(1) Explore layers of environmental justice concern; 16

(2) Determine an overall EJ Score for census tracts in the State; and 17

(3) View additional context layers relevant to an area. 18

1–701. 19

(a) (1) In this section the following words have the meanings indicated. 20

(7) “Overburdened community” means any census tract for which three or 21
more of the following environmental health indicators are above the 75th percentile 22
statewide: 23

(i) Particulate matter (PM) 2.5; 24

(ii) Ozone; 25

(iii) National Air Toxics Assessment (NATA) diesel PM; 26

(iv) NATA cancer risk; 27
SENATE BILL 780 3

(v) NATA respiratory hazard index; 1

(vi) Traffic proximity; 2

(vii) Lead paint indicator; 3

(viii) National Priorities List Superfund site proximity; 4

(ix) Risk Management Plan facility proximity; 5

(x) Hazardous waste proximity; 6

(xi) Wastewater discharge indicator; 7

(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 8

(xiii) Percent of the population lacking broadband coverage; 9

(xiv) Asthma emergency room discharges; 10

(xv) Myocardial infarction discharges; 11

(xvi) Low–birth–weight infants; 12

(xvii) Proximity to emitting power plants; 13

(xviii) Proximity to a Toxic Release Inventory (TRI) facility; 14

(xix) Proximity to a brownfields site; 15

(xx) Proximity to mining operations; and 16

(xxi) Proximity to a hazardous waste landfill. 17

Article – Public Utilities 18

7–207. 19

(a) (1) In this section the following words have the meanings indicated. 20

(2) “AT–RISK CENSUS TRACT ” MEANS ANY GEOGRAPHIC AREA 21
WITHIN A 1.5–MILE RADIUS OF THE BOUNDARIES OF: 22

4 SENATE BILL 780

(I) ANY CENSUS TRACT FOR WHICH THE FINAL EJ SCORE AS 1
DETERMINED USING THE MARYLAND EJ TOOL IS AT OR ABOVE THE 75TH 2
PERCENTILE; 3

(II) ANY CENSUS TRACT FOR WHICH SI X OR MORE OF THE 4
ENVIRONMENTAL HEALTH INDICATORS LISTED IN THE DEFINITION OF 5
“OVERBURDENED COMMUNITY” IN § 1–701 OF THE ENVIRONMENT ARTICLE ARE AT 6
OR ABOVE THE 75TH PERCENTILE; OR 7

(III) ANY CENSUS TRACT FOR WHICH THE PROXIMITY TO: 8

1. MINING OPERATIONS IS AT OR ABOVE THE 95TH 9
PERCENTILE IN THE STATE; 10

2. EMITTING POWER PLANTS IS AT OR ABOVE THE 95TH 11
PERCENTILE IN THE STATE; 12

3. A HAZARDOUS WASTE LANDFILL IS AT OR ABOVE THE 13
95TH PERCENTILE IN THE STATE; OR 14

4. A CONCENTRATED ANIMA L FEEDING OPERATION, AS 15
DEFINED IN COMAR 26.08.01.01, IS AT OR ABOVE THE 99TH PERCENTILE IN THE 16
STATE. 17

(3) “BURDEN REPORT” MEANS A BASELINE UND ERSTANDING OF 18
RISK, DISPARITIES, AND ENVIRONMENTAL NE EDS REPORT PREPARED IN 19
ACCORDANCE WITH SUBSECTION (B–1) OF THIS SECTION. 20

[(2)] (4) “Brownfields site” means: 21

(i) a former industrial or commercial site identified by federal or 22
State laws or regulation as contaminated or polluted; 23

(ii) a closed landfill regulated by the Department of the 24
Environment; or 25

(iii) mined land. 26

[(3)] (5) (i) “Construction” means: 27

1. any physical change at a site, including fabrication, 28
erection, installation, or demolition; or 29

2. the entry into a binding agreement or contractual 30
obligation to purchase equipment exclusively for use in construction in the State or to 31
SENATE BILL 780 5

undertake a program of actual construction in the State which cannot be canceled or 1
modified without substantial loss to the owner or operator of the proposed generating 2
station. 3

(ii) “Construction” does not include a change that is needed for the 4
temporary use of a site or route for nonutility purposes or for use in securing geological 5
data, including any boring that is necessary to ascertain foundation conditions. 6

(6) “EJ SCORE” HAS THE MEANING STATED IN § 1–101 OF THE 7
ENVIRONMENT ARTICLE. 8

[(4)] (7) “Generating station” does not include: 9

(i) a generating unit or facility that: 10

1. is used for the production of electricity; 11

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

3. is installed with equipment that prevents the flow of 14
electricity to the electric grid during time periods when the electric grid is out of service; 15

(ii) a combination of two or more generating units or facilities that: 16

1. are used for the production of electricity from a solar 17
photovoltaic system or an eligible customer–generator that is subject to the provisions of § 18
7–306 of this title; 19

2. are located on the same property or adjacent properties; 20

3. have the capacity to produce, when calculated 21
cumulatively for all generating units or facilities on the property or adjacent property, more 22
than 2 megawatts but not more than 14 megawatts of alternating current; and 23

4. for each individual generating unit or facility: 24

A. has the capacity to produce not more than 2 megawatts of 25
alternating current; 26

B. is separately metered by the electric company; and 27

C. does not export electricity for sale on the wholesale market 28
under an agreement with PJM Interconnection, LLC; 29

(iii) a generating unit or facility that: 30

6 SENATE BILL 780

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

A. onsite emergency backup at a facility when service from 2
the electric company is interrupted due to e lectric distribution or transmission system 3
failure or when there is equipment failure at a site where critical infrastructure is located; 4
and 5

B. test and maintenance operations necessary to ensure 6
functionality of the generating unit or facility in t he event of a service interruption from 7
the electric company due to electric distribution or transmission system failure or when 8
there is equipment failure at a site where critical infrastructure is located; 9

2. is installed with equipment that prevent s the flow of 10
electricity to the electric grid; 11

3. is subject to a permit to construct issued by the 12
Department of the Environment; and 13

4. is installed at a facility that is part of critical 14
infrastructure if the facility complies with all applic able regulations regarding noise level 15
and testing hours; or 16

(iv) a combination of two or more generating units or facilities that 17
satisfy item (iii) of this paragraph. 18

(8) “MARYLAND EJ TOOL” HAS THE MEANING STATED IN § 1–101 OF 19
THE ENVIRONMENT ARTICLE. 20

[(5)] (9) (i) “Mined land” means the surface or subsurface of an area 21
in which surface mining operations will be, are being, or have been conducted. 22

(ii) “Mined land” includes: 23

1. private ways and roads used for mining appurtenant to 24
any surface mining area; 25

2. land excavations; 26

3. workings; and 27

4. overburden. 28

[(6)] (10) “Qualified generator lead line” means an overhead transmission 29
line that is designed to carry a voltage in excess of 69,000 volts and would allow an 30
out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric 31
system in Maryland that is owned by an electric company. 32

SENATE BILL 780 7

(B–1) (1) THIS SUBSECTION DOES NOT APPLY TO THE CONSTRUCTION OF A 1
WIND, SOLAR, OR GEOTHERMAL ENERGY GENERATING STATION. 2

(2) (I) AN APPLICATION FOR A CERTIFICATE OF PUBLI C 3
CONVENIENCE AND NECE SSITY FOR THE CONSTR UCTION OF A GENERATI NG 4
STATION LOCATED WITHIN AN AT–RISK CENSUS TRACT SHALL INCLUDE A BURDEN 5
REPORT PREPARED IN ACCORDANCE WITH THIS SUBSECTION. 6

(II) THE COMMISSION MAY NOT CO NSIDER AN APPLICATIO N 7
FOR A CERTIFICATE OF PUBLIC CONVENIENCE A ND NECESSITY FOR THE 8
CONSTRUCTION OF A GENERATING STATION UNLESS THE APPLICATION INCLUDES A 9
BURDEN REPORT PREPARED IN ACCORDANCE WITH THIS SUBSECTION. 10

(3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION, A BURDEN 11
REPORT REQUIRED UNDER PARAGRAPH (2) OF THIS SUBSECTION SHALL: 12

(I) 1. DESCRIBE THE EXISTIN G ENVIRONMENTAL AND 13
PUBLIC HEALTH BURDEN FOR THE AT –RISK CENSUS TRACT IN WHICH THE 14
GENERATING STATION IS TO BE LOCATED; AND 15

2. DESCRIBE THE POTENTI AL OR CURRENT 16
CONTRIBUTIONS TO THE EXISTING ENVIRONMENTAL AND PUBLIC HEALTH BURDEN 17
BY THE GENERATING STATION; AND 18

(II) AT A MINIMUM, INCLUDE: 19

1. A. USING THE MARYLAND EJ TOOL, THE EJ 20
SCORE FOR THE CENSUS TRACT IN WHICH THE G ENERATING STATION IS TO BE 21
LOCATED, INCLUDING A DESCRIPTION OF THE INDICATORS CONTRIBUTING TO THE 22
EJ SCORE; AND 23

B. USING THE MARYLAND EJ TOOL, THE EJ SCORES 24
FOR EACH CENSUS TRACT LOCATED WITHIN A 1.5–MILE RADIUS OF THE BOUNDARY 25
OF THE PROPOSED GENERAT ING STATION , INCLUDING A DESCRIPT ION OF THE 26
INDICATORS CONTRIBUTING TO THE EJ SCORE; 27

2. A COMPREHENSIVE LIST OF EACH EXISTING 28
POLLUTION SOURCE, OR CATEGORY OF SOURCES, THAT IS IMPACTING THE AT–RISK 29
CENSUS TRACT OR CENSUS TRACTS WITHIN A 1.5–MILE RADIUS OF THE P ROPOSED 30
GENERATING STATION , INCLUDING A DESCRIPT ION OF POTENTIAL ROU TES OF 31
HUMAN EXPOSURE TO POLLUTION FROM EACH SOURCE OR CATEGORY IDENTIFIED; 32

8 SENATE BILL 780

3. AMBIENT CONCENTRATIO NS OF REGULATED AIR 1
POLLUTANTS AND REGULATED OR UNREGULATED HAZARDOUS AIR POLLUTANTS; 2

4. A. AN EXISTING TRAFFIC COUNT IN AT –RISK 3
CENSUS TRACTS WITHIN A 1.5–MILE RADIUS OF THE P ROPOSED GENERATING 4
STATION; AND 5

B. ANTICIPATED CONTRIBU TIONS TO THE TRAFFIC 6
COUNT FROM THE PROPO SED GENERATING STATION, INCLUDING VEHICLE TYPES, 7
ASSOCIATED EMISSIONS, AND ANTICIPATED ROUT ES IN AT –RISK CENSUS TRACTS 8
WITHIN A 1.5–MILE RADIUS OF THE GENERATING STATION; 9

5. A. EXISTING NOISE AND ODOR LEVELS IN AT–RISK 10
CENSUS TRACTS WITHIN A 1.5–MILE RADIUS OF THE P ROPOSED GENERATING 11
STATION; AND 12

B. ANTICIPATED CONTRIBUTIONS TO NOISE AND O DOR 13
LEVELS FROM THE PROPOSED GENERATING STATION; 14

6. EXPOSURE OR POTENTIA L EXPOSURE TO LEAD , 15
INCLUDING LEAD–BASED PAINT; 16

7. EXPOSURE OR POTENTIA L EXPOSURE TO 17
CONTAMINATED DRINKING WATER SUPPLIES; 18

8. PROXIMITY OF THE PROPOSED GENERATING STATION 19
TO EXISTING SOURCES OF POLLUTION; 20

9. THE POTENTIAL OR PRO JECTED CONTRIBUTION OF 21
THE PROPOSED GENERAT ING STATION TO EXIST ING POLLUTION BURDENS IN THE 22
AT–RISK CENSUS TRACT , ACCOUNTING FOR THE E XISTING BURDEN AND T HE 23
POTENTIAL HEALTH EFFECTS OF ANY CONTRIBUTION; 24

10. AN EVALUATION OF EXI STING ENVIRONMENTAL AND 25
PUBLIC HEALTH STRESS ORS AND INDICATORS B ORNE BY THE AT –RISK CENSUS 26
TRACT OR CENSUS TRAC TS WITHIN A 1.5–MILE RADIUS OF THE P ROPOSED 27
GENERATING STATION; AND 28

11. AN EVALUATION OF ANY ENVIRONMENTAL AND 29
PUBLIC HEALTH STRESS ORS AND INDICATORS P OSED BY THE PROPOSED 30
GENERATING STATION. 31

SENATE BILL 780 9

(c) (1) On receipt of an application for a certificate of public convenience and 1
necessity under this section, the Commission shall provide notice immediately or require 2
the applicant to provide notice immediately of the application to: 3

(i) the Department of Planning; 4

(ii) the governi ng body, and if applicable the executive, of each 5
county or municipal corporation in which any portion of the generating station, overhead 6
transmission line, or qualified generator lead line is proposed to be constructed; 7

(iii) the governing body, and if applicable the executive, of each 8
county or municipal corporation within 1 mile of the proposed location of the generating 9
station, overhead transmission line, or qualified generator lead line; 10

(iv) each member of the General Assembly representing a ny part of 11
a county in which any portion of the generating station, overhead transmission line, or 12
qualified generator lead line is proposed to be constructed; 13

(v) each member of the General Assembly representing any part of 14
each county within 1 mile o f the proposed location of the generating station, overhead 15
transmission line, or qualified generator lead line; 16

(vi) for a proposed overhead transmission line, each owner of land 17
and each owner of adjacent land; and 18

(vii) all other interested persons. 19

(2) The Commission, when sending the notice required under paragraph 20
(1) of this subsection, shall forward a copy of the application to: 21

(i) each appropriate State unit and unit of local government for 22
review, evaluation, and comment regarding the significance of the proposal to State, 23
area–wide, and local plans or programs; and 24

(ii) each member of the General Assembly included under paragraph 25
(1)(iv) and (v) of this subsection who requests a copy of the application. 26

(3) On receipt of an application for a certificate of public convenience and 27
necessity under this section, the Commission shall provide notice of the application on the 28
Commission’s social media platforms and website. 29

(4) (I) THIS PARAGRAPH DOES NOT APPLY TO THE CONSTRUCTION 30
OF A WIND, SOLAR, OR GEOTHERMAL ENERGY GENERATING STATION. 31

(II) THE NOTICE PROVIDED U NDER PARAGRAPH (1) OF THIS 32
SUBSECTION SHALL INCLUDE: 33
10 SENATE BILL 780

1. USING THE MARYLAND EJ TOOL, THE EJ SCORES 1
FOR EACH CENSUS TRACT LOCATED WITHIN A 1.5–MILE RADIUS OF THE BOUNDARY 2
OF THE PROPOSED GENE RATING STATION , INCLUDING A DESCRIPT ION OF THE 3
INDICATORS CONTRIBUTING TO THE EJ SCORE; AND 4

2. A LINK TO THE COMMISSION WEBPAGE WH ERE THE 5
ASSOCIATED BURDEN REPORT IS POSTED. 6

(d) (1) (i) The Commission shall provide an opportunity for public 7
comment and hold a public hearing on the application for a certificate of public convenience 8
and necessity AND, IF APPLICABLE , THE ASSOCIATED BURDEN REPORT in each 9
county and municipal corporation in which any portion of the construction of a generating 10
station, an overhead transmission line designed to carry a voltage in excess of 69,000 volts, 11
or a qualified generator lead line is proposed to be located. 12

(D–1) (1) THIS SUBSECTION APPLI ES ONLY TO AN APPLICATION FOR A 13
CERTIFICATE OF PUBLI C CONVENIENCE AND NE CESSITY FOR WHICH A BURDEN 14
REPORT IS REQUIRED. 15

(2) AFTER REVIEW OF A BURDEN REPORT PREPARED IN 16
ACCORDANCE WITH THIS SECTION, THE COMMISSION SHALL ISSU E A 17
DETERMINATION ON WHE THER APPROVING AN AP PLICATION FOR A CERTI FICATE 18
OF PUBLIC CONVENIENC E AND NECESSITY WILL , TOGETHER WITH OTHER 19
ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS AFFECTING THE 20
AT–RISK CENSUS TRACT, CAUSE OR CONTRIBUTE TO ADVERSE ENVIRONMENTAL OR 21
PUBLIC HEALTH STRESSORS OR INDICATORS IN THE AT–RISK CENSUS TRACT THAT 22
ARE HIGHER THAN THOSE BORNE BY OTHER AREAS WITHIN THE STATE. 23

(3) IF THE COMMISSION DETERMINES THAT APPROVING AN 24
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WILL 25
CAUSE OR CONTRIBUTE TO ADVE RSE ENVIRONMENTAL OR PUBLIC HEALTH 26
STRESSORS OR INDICAT ORS UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE 27
COMMISSION SHALL DENY THE APPLICATION UNLE SS THE APPLICANT CAN 28
DEMONSTRATE THAT THE ACTIVITY REQUIRING T HE CERTIFICATE OF PU BLIC 29
CONVENIENCE AND NECE SSITY WILL SERVE A PUBLI C INTEREST IN THE AT –RISK 30
CENSUS TRACT WHERE THE GENERATING STATION IS TO BE LOCATED. 31

(4) IF THE COMMISSION DETERMINES THAT AN APPLICATION FOR A 32
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MAY BE APPROVED UNDER 33
THIS SUBSECTION , THE COMMISSION SHALL IMPO SE CONDITIONS ON THE 34
CERTIFICATE OF PUBLI C CONVENIENCE AND NE CESSITY TO PROTECT 35
ENVIRONMENTAL AND PUBLIC HEALTH. 36

SENATE BILL 780 11

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