1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Construction” has the meaning stated in § 7-207 of this subtitle.

   3. (3)

      1. (i) “Dispatchable energy generation project” means a generating station or energy storage device that is part of a proposal approved by the Commission under § 7-1206 of this title.
      2. (ii) “Dispatchable energy generation project” includes any associated infrastructure necessary to interconnect the generating station to the electric distribution system.
   4. (4) “Energy storage device” has the meaning stated in § 7-216 of this subtitle.
   5. (5) “Generating station” has the meaning stated in § 7-207 of this subtitle.

   6. (6) “Large capacity energy resource” means a generating station that:

      1. (i) on or before January 1, 2025:

         1. 1. has applied to PJM for interconnection approval; or
         2. 2. has been approved by PJM for interconnection;
      2. (ii) has a capacity rating equal to or greater than 20 megawatts after accounting for the effective load carrying capability; and
      3. (iii) is part of a proposal approved by the Commission under § 7-1206 of this title.
   7. (7) “Qualifying project” means a dispatchable energy generation project or large capacity energy resource project that has been approved by the Commission under § 7-1208 of this title.
2. (b) This section applies only to an application for a certificate of public convenience and necessity for the construction of a qualifying project.
3. (c) Unless a certificate of public convenience and necessity is first obtained from the Commission in accordance with this section or § 7-207 of this subtitle, a person may not construct a qualifying project.
4. (d) A certificate of public convenience and necessity issued under this section bestows the same rights as a certificate of public convenience and necessity issued under § 7-207 of this subtitle.

5. (e) A person applying for a certificate of public convenience and necessity under this section shall:

   1. (1) at least 45 days before submitting an application under this section, notify the Commission and the Power Plant Research Program; and
   2. (2) unless otherwise specified under this section, complete all pre-application requirements before submitting an application.

6. (f)

   1. (1) Except as provided in paragraph (2) of this subsection, the timelines associated with the normal pre-application requirements under § 7-207 of this subtitle, including the requirements under COMAR 20.79.01.04 and COMAR 20.79.01.05, shall be shortened to 45 days for applications submitted under this section.
   2. (2) If the proposed location of a qualifying project is in an overburdened community or underserved community, as defined in § 1-701 of the Environment Article, the timeline for the pre-application requirements under COMAR 20.79.01.04 and COMAR 20.79.01.05 shall remain at 90 days.
7. (g) Once five applications have been received under this section within a 2-month period, the Commission may delay processing any subsequent applications submitted under this section without impacting the timelines specified in this section.

8. (h)

   1. (1) The Commission shall:

      1. (i) expedite all proceedings for the review and approval of a certificate of public convenience and necessity for a qualifying project; and
      2. (ii) take final action on a certificate of public convenience and necessity for a qualifying project not later than 295 days after the Power Plant Research Program determines that the application is complete in accordance with COMAR 20.79.01.10.
   2. (2) The Commission may extend the time to take final action on a certificate of public convenience and necessity under this section if an applicant fails to comply with the law, regulatory requirements, or Commission orders associated with obtaining a certificate of public convenience and necessity.
   3. (3) Notwithstanding any other law or regulation, in order to meet the required timelines for the issuance of a certificate of public convenience and necessity under this section, the Commission may review and determine whether to approve decommissioning plans for a qualifying project after the certificate of public convenience and necessity has been issued.
9. (i) In evaluating an application for a certificate of public convenience and necessity under this section, the Commission may contract for the services of independent consultants and experts.

Added by Acts 2025, c. 625, § 6, eff. June 1, 2025; Acts 2025, c. 626, § 6, eff. June 1, 2025.