1. A. Applicability. This regulation applies to all front-of-the meter energy storage devices unless exempted pursuant to Regulation .08 of this chapter.

2. B. Minimum Safety, Siting, and Environmental Requirements.

   1. (1) An energy storage device that will not be constructed at an electricity generating station, electric substation, or commercial or industrial location shall meet the site requirements of Public Utilities Article, §7-219(e), Annotated Code of Maryland.

   2. (2) An energy storage device shall adhere to the design, construction, operation, and maintenance standards in NFPA 855, if applicable, which is incorporated by reference in this chapter. The scope of NFPA 855 applies only to the technologies and energy storage devices of certain size thresholds whether owned and operated by an applicant or registrant.

      1. (a) The applicant or registrant shall include an attestation from a professional engineer licensed in Maryland that its proposed energy storage device shall comply with the standards in NFPA 855, if applicable.
      2. (b) If an applicant or registrant states that NFPA 855 is not applicable to the energy storage device technology utilized, the applicant or registrant shall include an attestation that the energy storage device shall be designed, constructed, installed, operated, and maintained in accordance with any applicable standards, regulations, and codes, in addition to complying with all state and local building, fire, and zoning requirements, and shall include a copy of the applicable standards, regulations, and codes with its application.
      3. (c) In cases where the adherence with NFPA 855 or other applicable standards, regulations, and codes are not applicable, the applicant or registrant may seek a waiver pursuant to Regulation .08 of this chapter.
   3. (3) An energy storage device shall have hazard mitigation and firefighting preparedness plans that include hazard mitigation, firefighting water needs, and fire tests.
   4. (4) An energy storage device shall have emergency preparedness plans and procedures including pre-incident plans, emergency procedures, periodic safety inspections, first responder response, and training.
   5. (5) An energy storage device shall comply with all applicable codes and standards.

Authority: Public Utilities Article, §§1-101, 2-113, 2-121, 7-207, 7-216, 7-216.1, 7-219, 7–1001, and 7-1005, Annotated Code of Maryland

Effective date: March 30, 2026 (52:6 Md. R. 292)