1. A. Except as provided in §B of this regulation, a community solar energy generating system may not be located on the same or an adjacent parcel of land as an existing or proposed community solar energy generating system if the total installed capacity of all community solar energy generating systems on the same or adjacent parcel would exceed 5 megawatts.

2. B. The prohibition under §A of this regulation does not apply to projects constructed:

   1. (1) On the rooftops of buildings;
   2. (2) In areas that are zoned for industrial use;
   3. (3) On brownfields locations and clean fill sites;
   4. (4) Over parking lots or roadways;
   5. (5) On multilevel parking structures;
   6. (6) On or over transportation or public rights-of -way;
   7. (7) At airports;

   8. (8) On land that:

      1. (a) Was previously zoned for industrial use or is ecologically compromised; and
      2. (b) Is not targeted for mitigation or restoration; or

   9. (9) In any location if the combined capacity of all community solar energy generating systems on the same or adjacent parcel does not exceed 10 megawatts and:

      1. (a) At least 75% of the aggregate capacity of the co-located community solar energy generating system serves LMI subscribers;
      2. (b) For a site without a community solar energy generating system installed before the start of the Program, all of the community solar energy generating systems installed after the start of the Program are used for agrivoltaics; or
      3. (c) For a site with a community solar energy generating system installed before the start of the Program, each new community solar energy generating system installed after the start of the Program is used for agrivoltaics.

Authority: Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland

Effective date: July 18, 2016 (43:14 Md. R. 781)

Regulation .02 amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .02A, D amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .03 amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .03D amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .04 amended effective March 3, 2025 (52:4 Md. R. 221); March 3, 2025 (52:4 Md. R. 221)

Regulation .04C amended effective June 15, 2020 (47:12 Md. R. 597)

Regulation .04D amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .05 amended effective March 21, 2022 (49:6 Md. R. 406); March 3, 2025 (52:4 Md. R. 221)

Regulation .06B amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .07 amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .08 amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .08A amended effective June 15, 2020 (47:12 Md. R. 597)

Regulation .08B amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .08D, E adopted effective March 21, 2022 (49:6 Md. R. 406)

Regulation .09 adopted effective March 21, 2022 (49:6 Md. R. 406)

Regulation .09D amended effective March 3, 2025 (52:4 Md. R. 221)