1. A. The renewable energy portfolio standard applicable to a supplier for a given calendar year is provided under Public Utilities Article, §7-703, Annotated Code of Maryland.

2. B. On or before April 1 of each year, a supplier shall:

   1. (1) Accumulate renewable energy credits from electricity generated before December 31 of the preceding calendar year equal to the percentage of credits from Tier 1 renewable sources and Tier 2 renewable sources required by §A of this regulation for that preceding year; or
   2. (2) Pay a compliance fee as specified under Public Utilities Article, §7-705, Annotated Code of Maryland.
3. C. If appropriate, on or before April 1 of each year, a supplier shall pay the compliance fee required under §B(2) of this regulation to the Comptroller of the Treasury.

4. D. Tier 1 Solar Compliance Schedule—Delay Request.

   1. (1) If a supplier's actual or projected dollar-for-dollar cost incurred or to be incurred solely for the purchase of Tier 1 solar RECs in any one year is either estimated to or actually does equal 1 percent of the supplier's total annual electricity sales revenue in Maryland, a supplier may request that the Commission:

      1. (a) Delay for 1 year each of the scheduled percentages for solar energy under Public Utilities Article, §7-703, Annotated Code of Maryland; and
      2. (b) Authorize the renewable energy portfolio standard for solar energy for that year to continue to apply to the electricity supplier for the following year.
   2. (2) A supplier shall file a request under §D(1) of this regulation on or before February 1 of the year following the compliance year.

   3. (3) A supplier request under §D(1) of this regulation shall contain the following information:

      1. (a) The actual or projected dollar-for-dollar cost for the purchase of a Tier 1 REC solar and the formula for calculating these figures;
      2. (b) The actual or projected total annual retail electricity sales revenue for the electricity supplier seeking the compliance fee schedule deferral and the formula used to calculate these figures; and
      3. (c) The supplier's total Maryland retail electricity sales.

Authority: Public Utilities Article, §§2-121, 5-101, and 7-701—7-713, Annotated Code of Maryland

Effective date:

Regulations .01—.05 adopted as an emergency provision effective July 1, 2005 (32:18 Md. R. 1517); adopted permanently effective November 24, 2005 (32:23 Md. R. 1829)

Regulation .03B amended effective January 1, 2007 (33:26 Md. R. 1998)

Regulation .03B amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)

Regulation .03B amended effective December 1, 2008 (35:24 Md. R. 2079); September 20, 2010 (37:19 Md. R. 1285); July 8, 2013 (40:13 Md. R. 1076); September 15, 2014 (41:18 Md. R. 1010); July 10, 2023 (50:13 Md. R. 514)

Regulation .04B amended effective January 1, 2007 (33:26 Md. R. 1998)

Regulation .04C adopted effective January 1, 2007 (33:26 Md. R. 1998)

Regulation .04D adopted as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); adopted permanently effective May 5, 2008 (35:9 Md. R. 899)

Regulation .04D amended effective September 20, 2010 (37:19 Md. R. 1285)

Regulation .05 amended and recodified to be Regulation .06 and new Regulation .05 adopted as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)

Regulation .05 amended effective December 1, 2008 (35:24 Md. R. 2079)

Regulation .05C amended effective August 10, 2009 (36:16 Md. R. 1251); September 20, 2010 (37:19 Md. R. 1285)

Regulation .05D adopted effective September 15, 2014 (41:18 Md. R. 1010)

Regulation .06 amended effective September 20, 2010 (37:19 Md. R. 1285); September 15, 2014 (41:18 Md. R. 1010)

Regulation .07 adopted effective May 26, 2025 (52:10 Md. R. 439)