1. A. State Agency Application Review Coordinated by the Power Plant Research Program.

   1. (1) An applicant with proposed energy storage devices 20 megawatt-hours storage capacity or greater total sited per parcel, regardless of energy storage device technology, shall no later than 45 days prior to filing an application for enrollment in an initiative, submitting an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative, or prior to filing for a zoning variance or permits, whichever is earlier, consult with the staff of the Department of Natural Resources Power Plant Research Program to provide an overview of the proposed energy storage device.
   2. (2) The Department of Natural Resources Power Plant Research Program review shall include the minimum safety, siting, and environmental requirements in Regulation .10 of this chapter.

   3. (3) Other potential factors for which the Department of Natural Resources Power Plant Research Program may request information include the following.

      1. (a) Environmental information required under COMAR 20.79.03.02.
      2. (b) Natural Resources information required under COMAR 20.79.03.03.
      3. (c) Socioeconomic information required under COMAR 20.79.03.04.
      4. (d) EJSCREEN Reports pursuant to COMAR 20.79.03.05.
      5. (e) Plans for compliance which are subject to COMAR 26.02.03.02 noise assessment regulations.
      6. (f) Plans for compliance with all state and local building, fire, and zoning requirements.
      7. (g) Information on grid reliability impacts.
      8. (h) Decommissioning plans, if applicable, to ensure there is an appropriate financial surety instrument to cover the projected cost of decommissioning less projected salvage value at the end of projected project life. Electric companies are exempt from decommissioning requirements.
      9. (i) Any additional information required by the Department of Natural Resources Power Plant Research Program for state agency review which shall not be unreasonably denied.

2. B. State Agency Application Recommendations.

   1. (1) The State agencies shall consider in its recommendation to the Commission, the information received from the applicant regarding stakeholder engagement and participation of counties, municipal corporations, or an affected community. The Department of Natural Resources Power Plant Research Program shall upon request, provide the Maryland Office of People’s Counsel the information it collected from the applicant.
   2. (2) An energy storage device owner may respond within 30 days of the Commission’s receipt of such information from the State agencies.
   3. (3) The State agencies shall file with the Commission within 4 months of receipt of all required information, a recommendation on whether the energy storage device enrollment in the Maryland Energy Storage Program or an application for Commission Energy Storage Construction Approvals and Waivers for energy storage devices not seeking to enroll in an initiative should be approved, approved with modifications, or denied.
   4. (4) The State agencies shall also include any recommended conditions.
   5. (5) An applicant shall have 10 days to agree or disagree with these State agency recommended conditions in a filing to the Commission.
3. C. State Agency Waiver Reviews. The State agencies shall also consider waiver requests for front-of-the-meter energy storage devices equal to or greater than 20 megawatt-hours per parcel pursuant to Regulation .08 of this chapter and make recommendations to the Commission within 4 months of receipt of all required information to approve, approve with modifications, or deny the waiver request.

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)