Maryland/EZ Policies

Jump to: navigation, search

EZ Policies for Maryland

To create a new entry use the form EZFeed Policy.
The EZ Policy Inventory is searchable by technology, policy type, and other fields with the EZ Policy Search Form.
Review process tips and editing help are here. Updates, additions and corrections are welcome!

To see federal policies go to the Federal Policies page.


Download EZ Policies for Maryland CSV (rows 1 - 118)

Policy Place Policy Type Active Implementing Sector Summary
Allegany County Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance sets requirements for industrial wind energy conversion systems. These requirements include minimum separation distances, setback requirements, electromagnetic interference analysis (EIA), the establishment of bonds for the purposes of decommissioning and groundwater protection, as well as the establishment of supplemental safety provisions.
Animal Waste Technology Fund (Maryland) Maryland Grant Program Yes State/Province A bill passed in 2012 transferred responsibility for animal waste management technology projects to the Maryland Department of Agriculture. The Department will maintain the Animal Waste Technology Fund, which provides funding opportunities for the research, development, implementation, and market development of technology intended to (a) reduce the amount of nutrients in animal waste, (b) alter the composition of animal waste, (c) develop alternative waste management strategies, or (d) use animal waste in a production process. Funds may be granted to individuals or businesses.
Anne Arundel County - High Performance Dwelling Property Tax Credit (Maryland) Maryland Property Tax Incentive Yes Local The state of Maryland permits local governments (Md Code: Property Tax § 9-242) to offer property tax credits for high performance buildings if they choose to do so. In October 2010 Anne Arundel exercised this option by enacting legislation (County Bill 78-10) providing a property tax credit for high performance dwellings built on or after July 1, 2010 that meet or exceed USGBC LEED Silver standards. The credit was amended in 2012 (County Bill 03-12) to add the National Green Building Standard (NGBS) as an eligible green building certification system for the tax credit. The tax credit is available for five years and is calculated as a percentage of the county property taxes owed on the dwelling (but not the land). The incentive amount and maximum incentive vary according to the performance level of the building as determined under the applicable rating system, as follows:


  • LEED or NGBS Silver: 40% of taxes owned up to $1,000
  • LEED or NGBS Gold: 60% of taxes owed up to $2,000
  • LEED Platinum or NGBS Emerald: 80% of taxes owed up to $3,000
Those wishing to claim the tax credit must provide documentation proving that the dwelling meets the standard, which must be reviewed and approved by a professional certified in the applicable building standard that is employed or engaged by the county. The applicant must also certify that the dwelling and systems will be regularly maintained to comply with the applicable standard. Properties may be inspected to verify compliance with the tax credit rules.
Anne Arundel County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local Includes zoning provisions for small wind systems.
Appalachian States Low-Level Radioactive Waste Compact (Maryland) Maryland Environmental Regulations Yes State/Province This legislation authorizes Maryland's entrance into the Appalachian States Low-Level Radioactive Waste Compact, which seeks to promote interstate cooperation for the proper management and disposal of low-level radioactive wastes. The Commission that administers the compact is also responsible for conducting research and recommending regulations pertaining to radioactive waste. The states of Delaware, Maryland, Pennsylvania, and West Virginia are party to this compact. The compact is designed so that each state in turn assumes the responsibility of the host state for the receipt and disposal of low-level radioactive waste. Pennsylvania is currently the host state.
Appropriation or Use of Waters, Reservoirs, and Dams (Maryland) Maryland Environmental Regulations Yes State/Province It is state policy to control the use and appropriation of ground and surface waters of the state. A permit from the Department of the Environment is required prior to the construction or operation of any plant, building, or structure that will appropriate or use any waters of the state. The applicant must provide the Department that the proposed water withdrawal will not jeopardize the State's natural water resources. Some exemptions – including for domestic water use, agricultural use of less than 10,000 gallons per day on average, and groundwater use of 5,000 gallons of water per day or less – apply. Permits from the Department are likewise required prior to the construction, alteration, or repair of any reservoir, dam, or waterway obstruction. Some exemptions apply. This legislation contains additional information on exemptions, required information notices and public hearings, Department considerations in acting on permit applications, measuring and reporting of water use, compliance, and additional regulations.
Baltimore County - Property Tax Credit for High Performance Buildings and Homes (Maryland) Maryland Property Tax Incentive Yes Local The state of Maryland permits local governments (Md Code: Property Tax § 9-242) to offer property tax credits for high performance buildings if they choose to do so. Baltimore County exercised this option in 2006 by creating property tax credits for new and existing multi-family residential (50+ units) and commercial buildings that meet certain high performance building standards. In 2008, the county also adopted a similar provision creating property tax credits for newly constructed high performance homes, and in 2010 added provisions for energy efficiency improvements in existing homes.

The credit is formulated as a percentage (%) reduction in total county real property taxes assessed on the property over the course of several years. The level and duration of the allowable credit varies according to building type and level of performance. The non-residential property tax credits are based wholly on achieving a specified rating and certification under the United States Green Building Council (USGBC) LEED green building rating system. The property tax credit for homes also uses green building rating systems as a qualification standard, but includes an additional track that allows a home to qualify for a credit based on its level of efficiency as compared to an energy use baseline. The credit for high performance homes originally required a minimum LEED for Homes rating, but the law was amended during 2012 to allow homes rated under the the International Code Council (ICC) NGBS to qualify. Both standards include not only single-family homes, but also attached housing, and low-rise (up to 6 stories), multi-family condominiums and rental housing. The table below summarizes the different tax credit levels and durations for different building types.

Commercial and Multi-family Residential (income producing, 50+ units)


{
Baltimore County - Solar and Geothermal Equipment Property Tax Credit (Maryland) Maryland Property Tax Incentive No Local The allocated budget for this program has been met. There is now a wait list for new credits. The wait for applications not yet received is expected to last until at least July 2015. Md. Property Tax Article § 9-203 allows local governments to offer property tax credits for energy conservation devices if they choose to do so. This credit, available only for residential buildings, is set at the lesser of 50% of the cost of the system or $5,000 for heating devices and $1,500 for devices that supply hot water. There is no dollar limit on credits for PV or cooling systems, although the credit claimed each year cannot exceed the amount of county property taxes owed during that year. Excess credits can be carried over for 2 years.
Baltimore County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local Provides permitting process for anemometers only (not turbines)
Bio-Heating Oil Tax Credit (Corporate) (Maryland) Maryland Corporate Tax Credit Yes State/Territory Maryland allows individuals and corporations to take an income tax credit of $0.03/gallon for purchases of biodiesel used for space heating or water heating. The maximum credit is $500 per year. It may not be refunded or carried over to subsequent years. In order to qualify for the tax credit, the heating oil must be at least 5% biodiesel sourced from U.S. Environmental Protection Agency (EPA) approved feedstocks or be accepted under the U.S. Renewable Fuel Standard. As originally enacted, the credit was only available for purchases made during the 2008 - 2012 tax years, but this was extended by 5 years through 2017 by S.B. 959 in May 2011. This legislation also modified the definition of qualifying heating oil to insert the language described above pertaining to approved feedstocks and the U.S. Renewable Fuel Standard.


Please see the program web site for an application and instructions on claiming this tax credit.
Bio-Heating Oil Tax Credit (Personal) (Maryland) Maryland Personal Tax Credit Yes State/Territory Maryland allows individuals and corporations to take an income tax credit of $0.03/gallon for purchases of biodiesel used for space heating or water heating. The maximum credit is $500 per year. It may not be refunded or carried over to subsequent years. In order to qualify for the tax credit, the heating oil must be at least 5% biodiesel sourced from U.S. Environmental Protection Agency (EPA) approved feedstocks or be accepted under the U.S. Renewable Fuel Standard. As originally enacted, the credit was only available for purchases made during the 2008 - 2012 tax years, but this was extended by 5 years through June 2018 by S.B. 959 in May 2011. This legislation also modified the definition of qualifying heating oil to insert the language described above pertaining to approved feedstocks and the U.S. Renewable Fuel Standard.

Please see the program web site for an application and instructions on claiming this tax credit.
Businesses that Create New Jobs Tax Credit (Maryland) Maryland Corporate Tax Incentive Yes State/Province Businesses located in Maryland that create new positions and establish or expand business facilities in the state may be entitled to a Businesses that Create New Jobs Tax Credit. To be eligible, businesses must first have been granted a property tax credit by a local government for creating the new jobs. The credit may be taken against corporate income tax, personal income tax or insurance premium tax. The business must create at least 25 new positions as part of the new or expanded business facility, 5,000 square feet or more, in Maryland.
Calvert County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local Zoning regulations for wind power systems
Caroline County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance amends Chapter 175 of the Code of Public Local Laws of Caroline County, Maryland to provide for the erection, maintenance, and operation of small wind energy systems, as well as outlining guidelines and requirements for these systems.
Carroll County - Green Building Property Tax Credit (Maryland) Maryland Property Tax Incentive Yes Local The state of Maryland permits Carroll County (Md Code: Property Tax § 9-308(e)) to offer property tax credits for high performance buildings if it chooses to do so.* Carroll County has exercised this option by offering property tax credits on buildings used for business, commercial, or industrial purposes that meet certain green building standards. The tax credits apply to green buildings that meet the requisite standards and are certified as such after May 5, 2009. The tax credit sunsets June 30, 2014 and no new credits will be issued after this date.

The tax credit uses the U.S. Green Building Council's LEED rating system and the Green Building Institute's Green Globe rating system as a metric for determining how "green" a building is. Buildings must receive a minimum LEED Silver or two Green Globes certification in order to be eligible for any tax credit. An equivalent certification under a county recognized system may also be used to qualify for the property tax credit. The property tax credit is determined as a percentage of county property taxes levied against the improved real property, and may be claimed for five consecutive years. Tax credit levels are as follows:


  • 25% for LEED Silver or equivalent
  • 50% for LEED Gold or equivalent
  • 75% for LEED Platinum or equivalent
No limitations on credit amounts per building or in aggregate are contained in the county legislation. Tax credit applications must be filed on or before May 1 of the year immediately preceding the taxable year for which the tax credit is sought. The tax credit program is administered by the Department of Economic Development, Department of Management and Budget, Department of the Comptroller, and Department of Planning.


*The state authorization contained in Md Code: Property Tax § 9-308(e) applies specifically to Carroll County. Several other counties in Maryland have adopted property tax credits for high performance buildings under another more generally applicable portion of the state code which makes a similar allowance (Md Code: Property Tax § 9-242).
Carroll County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance sets forth regulations for the zoning, erection, and operation of small wind energy systems in Carroll County, Maryland.
Charles County - Agricultural Preservation Districts - Renewable Generation Allowed (Maryland) Maryland Siting and Permitting Yes Local Charles County provides that producing energy "from solar, wind, biomass, and farm waste and residue crops" is a permitted agricultural use in areas zoned as Agricultural Preservation Districts.
Chesapeake Bay Preservation Programs (Multiple States) Maryland
Pennsylvania
Virginia
Washington D.C.
Siting and Permitting Yes State/Province The Chesapeake Bay Program is a unique regional partnership that has led and directed the restoration of the Chesapeake Bay since 1983. The Chesapeake Bay Program partners include the states of Maryland, Pennsylvania and Virginia; the District of Columbia; the Chesapeake Bay Commission, a tri-state legislative body; the Environmental Protection Agency, representing the federal government; and participating citizen advisory groups.

The Chesapeake Executive Council was established by the Chesapeake Bay Agreement of 1983. Under the 1987 Chesapeake Bay Agreement, membership changed from cabinet secretaries to the governors of Maryland, Pennsylvania and Virginia; the administrator of the U.S. Environmental Protection Agency; the mayor of the District of Columbia; and the chair of the Chesapeake Bay Commission, a legislative body serving Maryland, Pennsylvania, and Virginia.

The Council: (a) Establishes the policy direction for the restoration and protection of the Bay and its living resources; (b) Exerts leadership to marshal public support for the Bay effort; (c) Signs directives, agreements and amendments that set goals and guide policy for Bay restoration; and (d) Is accountable to the public for progress made under the Bay agreements.

The Virginia Department of Environmental Quality administers complementary programs and regulations to prevent future pollution and degradation of the Chesapeake Bay and surrounding lands. More information can be found here: http://www.deq.virginia.gov/Programs/Water/ChesapeakeBay.aspx
Chesapeake Bay and Tributaries (Maryland) Maryland Environmental Regulations Yes Local This legislation sets limits on development near Chesapeake Bay as well as on dredging and the deposition of dredged material into the bay. The legislation establishes the Cox Creek Citizens Oversight Committee (now mostly defunct); the Hart-Miller-Pleasure Island Oversight Committee, which provides oversight and monitoring of the future development, use, and maintenance of the Hart-Miller-Pleasure Island chain, and the water quality in the area immediately surrounding the islands; the Kent Island Citizens Oversight Committee (now defunct).
Chesapeake Forest Lands (Maryland) Maryland Siting and Permitting Yes Local The Chesapeake Forest Lands are most of the former land holdings of the Chesapeake Forest Products Company, which now includes more than 66,000 acres in five lower Eastern Shore counties. These lands make up 12 percent of the productive forests in the region, which in the past produced 15-20 percent of the region's annual timber harvest.

The Maryland Department of Natural Resources manages the land, and periodically updates the Sustainable Forest Management Plan. The plan includes information on powerline right-of-ways, protected areas, and acceptable uses for the area.

The state bought the land for the purpose of supporting the Eastern Shore's forest products industry, the second largest industry on the Eastern Shore, which adds $349 million to the State's economy and employs more than 2,100 people. The purposes is also to maintain the ecological integrity of the area, including water quality and habitat.

The Department involves the public in the management plan development, which is reviewed every couple of years. The public's comments will be considered as plans are developed for resource management, watershed enhancement, facility development or public use.
Clean Energy Procurement (Maryland) Maryland Green Power Purchasing Yes State/Territory Maryland's Governor issued an executive order on March 13, 2001 calling for at least 6% of the electricity consumed by state-owned facilities to be generated from "green" energy sources, such as wind, solar, landfill gas, and other biomass resources. The order specifies that no more than 50% of the power procured to meet the requirement come from municipal solid waste facilities.

Subsequently in 2009 the state embarked upon an initiative with the University System of Maryland, termed "Clean Energy Horizons", to contract for renewable energy through long-term power purchase agreements with clean energy developers. In December 2009 the Maryland Department of General Services (DGS) approved four contracts (see press release) that are anticipated to eventually supply up to 20% of the electricity needs of state agencies and the university system. The long-term agreements include both electricity and renewable energy credits (RECs), with a stipulation that the facilities come on-line by the end of 2014. The state reportedly intends to allow county, university and municipal partners access to the contracts to make their own renewable electricity purchases. The DGS has also installed renewable energy systems at several state buildings and in October 2011 issued an RFP (see press release) for up to 10 MW of electricity from animal waste energy facilities (e.g., poultry litter, livestock manure).

In another area, the order calls for a reduction in energy use in state buildings of 10% by 2005 and 15% by 2010, and requires all new energy-using products to carry the "Energy Star" label or "be in the top 25% of energy-efficiency when labeled products are unavailable." The Executive Order also makes it easier for the State to purchase alternative-fuel and low-emission vehicles for its fleet.
Clean Energy Production Tax Credit (Corporate) (Maryland) Maryland Corporate Tax Credit Yes State/Territory Maryland offers a production tax credit for electricity generated by wind, solar energy, hydropower, hydrokinetic, municipal solid waste and biomass resources. Eligible biomass resources include anaerobic digestion, landfill gas, wastewater-treatment gas, and cellulosic material derived from forest-related resources (excluding old-growth timber and mill residues consisting of sawdust or wood shavings)*, from waste pallets and crates, or from agricultural sources. The list of eligible resources is generally the same as those eligible for the federal renewable electricity production tax credit (PTC), except the Maryland law contains added provisions related to biomass and biogas technologies.


The tax credit has been in place since 2000, but has been amended several times since the initial enactment. The most recent substantive amendments were made in May 2010 by H.B. 494 (effective July 1, 2010), which extended the facility in service deadline from 2010 to 2015; set a minimum tax credit limit of $1,000; and made excess tax credits refundable. In May 2011, the definition of eligible waste materials was amended slightly by S.B. 958 to remove language requiring that such materials be "solid" and "cellulosic".


To qualify, a facility that "primarily uses" eligible resources to generate electricity must (1) be placed in service on or after January 1, 2006, but before January 1, 2016, or (2) generate electricity from an eligible resource that is co-fired with coal and initially begins co-firing an eligible resource on or after January 1, 2006, but before January 1, 2016, regardless of when the original facility was placed in service.

An individual or corporation that applies for and receives certification from the Maryland Energy Administration (MEA) may claim a credit equal to 0.85 cents per kilowatt-hour ($0.0085/kWh) against the state income tax, for a five-year period, for electricity generated by eligible resources. The credit for electricity generated by co-firing is 0.5 cents per kilowatt-hour ($0.005/kWh). As a result of H.B. 494, effective July 1, 2010 the MEA is no longer permitted to issue initial credit certificates for amounts of less than $1,000. At the general renewable energy credit rate of $0.0085/kWh, a facility would need to produce 23,530 kWh annually to meet this minimum. The electricity generated must be sold to an unrelated person during the taxable year. The MEA indicates that a net metering or interconnection agreement is sufficient documentation for this requirement.

Certificates issued by the Maryland Energy Administration will state the maximum amount of credit over a five-year period; the earliest tax year for which the credit may be claimed; and the five-year period during which qualifying electricity generation qualifies for the tax credit. The maximum amount of credit is based on estimated annual energy production during a five-year period, or $2.5 million. The sum of all credits statewide may not exceed $25 million. Formerly, credits exceeding a taxpayer's state income tax for a taxable year could be carried forward to succeeding taxable years for up to 10 years. However, as a result of H.B. 494, credits in excess of income tax for a taxable year are now refundable.

Applications for credit certificates will be approved on a first-come, first-served basis. Certificates may not be issued after December 31, 2015. If, over a three-year period, a taxpayer does not claim on average at least 10% of the maximum credit amount stated in the certificate, the Maryland Energy Administration may cancel part of the certificate. Through March 2010 initial credit certificates totaling roughly $5.1 million had been issued to 10 qualifying facilities. Certificates for three landfill gas facilities and one commercial wind facility made up the vast majority of approvals, with the balance coming from several small scale wind and solar facilities. Further information on certificate applications and other program rules is available from the program website link at the top of this page.


* Eligible mill residues include bark, chips, slabs, and edging, although slabs and edging are usually made into chips.
Clean Energy Production Tax Credit (Personal) (Maryland) Maryland Personal Tax Credit Yes State/Territory Maryland offers a production tax credit for electricity generated by wind, solar energy, hydropower, hydrokinetic, municipal solid waste and biomass resources. Eligible biomass resources include anaerobic digestion, landfill gas, wastewater-treatment gas, and non-hazardous segregated waste material derived from forest-related resources (excluding old-growth timber and mill residues consisting of sawdust or wood shavings)*, from waste pallets and crates, or from agricultural sources. The list of eligible resources is generally the same as those eligible for the federal renewable electricity production tax credit (PTC), except the Maryland law contains added provisions related to biomass and biogas technologies.


The tax credit has been in place since 2000, but has been amended several times since the initial enactment. The most recent substantive amendments were made in May 2010 by H.B. 494 (effective July 1, 2010), which extended the facility in service deadline from 2010 to 2015; set a minimum tax credit limit of $1,000; and made excess tax credits refundable. In May 2011, the definition of eligible waste materials was amended slightly by S.B. 958 to remove language requiring that such materials be "solid" and "cellulosic".


To qualify, a facility that "primarily uses" eligible resources to generate electricity must (1) be placed in service on or after January 1, 2006, but before January 1, 2016, or (2) generate electricity from an eligible resource that is co-fired with coal and initially begins co-firing an eligible resource on or after January 1, 2006, but before January 1, 2016, regardless of when the original facility was placed in service.

An individual or corporation that applies for and receives certification from the Maryland Energy Administration (MEA) may claim a credit equal to 0.85 cents per kilowatt-hour ($0.0085/kWh) against the state income tax, for a five-year period, for electricity generated by eligible resources. The credit for electricity generated by co-firing is 0.5 cents per kilowatt-hour ($0.005/kWh). As a result of H.B. 494, effective July 1, 2010 the MEA is no longer permitted to issue initial credit certificates for amounts of less than $1,000. At the general renewable energy credit rate of $0.0085/kWh, a facility would need to produce 23,530 kWh annually to meet this minimum. The electricity generated must be sold to an unrelated person during the taxable year. The MEA indicates that a net metering or interconnection agreement is sufficient documentation for this requirement.

Certificates issued by the Maryland Energy Administration will state the maximum amount of credit over a five-year period; the earliest tax year for which the credit may be claimed; and the five-year period during which qualifying electricity generation qualifies for the tax credit. The maximum amount of credit is based on estimated annual energy production during a five-year period, or $2.5 million. The sum of all credits statewide may not exceed $25 million. Formerly, credits exceeding a taxpayer's state income tax for a taxable year could be carried forward to succeeding taxable years for up to 10 years. However, as a result of H.B. 494 credits in excess of income tax for a taxable year are now refundable.

Applications for credit certificates will be approved on a first-come, first-served basis. Certificates may not be issued after December 31, 2015. If, over a three-year period, a taxpayer does not claim on average at least 10% of the maximum credit amount stated in the certificate, the Maryland Energy Administration may cancel part of the certificate. Through March 2010 initial credit certificates totaling roughly $5.1 million had been issued to 10 qualifying facilities. Certificates for three landfill gas facilities and one commercial wind facility made up the vast majority of approvals, with the balance coming from several small scale wind and solar facilities. Further information on certificate applications and other program rules is available from the program website link at the top of this page.


* Eligible mill residues include bark, chips, slabs, and edging, although slabs and edging are usually made into chips.
Clean Energy Tax Credit (Maryland) Maryland Personal Tax Incentives Yes State/Province The Clean Energy Tax Credit is 0.85 cents for each kilowatt hour of electricity sold that was produced from a Maryland qualified energy resource during the 5-year period specified in the initial credit certification. The annual tax credit may not exceed one-fifth of the maximum amount of credit stated in the initial credit certificate.

The business must produce electricity during the tax year using primarily "qualified energy resources" (see Internal Revenue Code Section 45) which includes any solid, non-hazardous, cellulosic waste material that is segregated from other waste materials and is derived from the following:

• Forest-related resources, including mill residues (except sawdust and wood shavings), forest thinnings, slash, or brush, but excluding old-growth timber.

• Waste pallets, crates, dunnage, landscape or right-of-way trimmings.

• Agricultural sources (orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues).

"Qualified energy resources" also includes methane gas or other combustible gases resulting from the decomposition of organic materials from an agricultural operation or from a landfill or a wastewater treatment plant using either anaerobic or thermal decomposition, or a combination of both, and solar, geothermal or hydropower energy sources.
Clean-Burning Wood Stove Grant Program (Maryland) Maryland State Rebate Program Yes State/Territory The Maryland Energy Administration (MEA) now offers the Clean Burning Wood Stove Grant program as part of its Residential Clean Energy Grant Program. The Clean Burning Wood Stove Grant program offers a flat grant award of $500 for stick burning wood stoves and $700 for pellet burning wood stoves that meet program eligibility requirements.

Basic requirements for grant funding include:

  • The property must serve as primary residence
  • Clean burning wood stove must replace existing electric or non-natural gas fossil fuel heating system
  • A property may not receive more than one grant per technology per fiscal year from MEA
  • The MEA cannot offer grants to a property held in a trust
  • Applications have to be submitted to MEA within 12 months of installation*

Grants are allocated on a first come/first served basis across technologies, and are subject to change in amount and existence based on funding availability.

* A full list of program details and requirements can be found on the program web site listed above.
Climate Action Plan (Maryland) Maryland Climate Policies Yes State/Province On April 20, 2007, Governor Martin O’Malley signed Executive Order 01.01.2007.07 establishing the Maryland Climate Change Commission (MCCC) charged with collectively developing an action plan to address the causes of climate change, prepare for the likely consequences and impacts of climate change to Maryland, and establish firm benchmarks and timetables for implementing the Commission’s recommendations.

The Commission included members representing academia, business, industry, environmental groups and many levels of government. It was staffed jointly by the Maryland Department of the Environment and Department of Natural Resources in coordination with other state agencies.

One of the Plan’s policy recommendations, to adopt science-based regulatory goals to reduce Maryland’s greenhouse gas (GHG) emissions, was realized with the passage of the Greenhouse Gas Emissions Reduction Act of 2009 (GGRA). The law requires Maryland to reduce its GHG emissions to 25 percent below 2006 levels by 2020. It directs the Maryland Department of the Environment to work with other lead State agencies to prepare an implementation plan to meet this goal as a first step toward achieving longer term science-based reductions. An interim plan will be submitted to the Governor and the General Assembly during the 2012 legislative session, and the final plan (GGRA Plan) will be submitted on or before December 31, 2012.
Coal Combustion By-Products (Maryland) Maryland Siting and Permitting Yes State/Province The Department of the Environment is responsible for regulating fugitive air emissions from the transportation of coal combustion by-products and the permissible beneficial uses of these by-products in the State. This legislation restricts the siting of new refuse disposal systems accepting coal combustion by-products in critical natural resource areas (defined in Natural Resources Article, 8-1802, Annotated Code of Maryland).
Coastal Facilities Review Act (Maryland) Maryland Siting and Permitting Yes State/Province This Act aims to preserve Maryland's coastal areas and to balance competing demands for resources by requiring environmental impact evaluations to be conducted prior to the approval of the construction or operation of certain facilities. Such review complements the Coastal Zone Management Act of 1972, which establishes a comprehensive plan for the proper use and development of energy resources in coastal areas. This Act applies to pipelines carrying crude oil or natural gas from offshore sources; facilities for the processing, transmission, or storage of natural gas with a total design capacity for at least one billion cubic feet of gas for storage or 200 million cubic feet for processing; operations bases and fabrication yards; and other facilities storing or processing petroleum resources. See subtitle 22.
Commercial Clean Energy Grant Program (Maryland) Maryland State Rebate Program Yes State/Territory The Maryland Energy Administration (MEA) offeres grants for mid-sized photovoltaic (PV) systems, solar water heating systems (SWH) and Geothermal Heating & Cooling (GHC) installed by businesses, non-profits, and local governments. Funding is available on first-come, first-serve basis and is subject to change based on funding availability.


Program Description


The incentive amounts for each technology depends on the capacity of system. The program are classified into either Small or Large Commercial grants, with incentives amounts below


{
Community Development Block Grant/Economic Development Infrastructure Financing (United States) United States Grant Program
Loan Program
Yes Federal Community Development Block Grant/Economic Development Infrastructure Financing (CDBG/EDIF) provides public infrastructure financing to help communities grow jobs, enable new business startups and expansions for existing businesses. State programs help achieve the national objective of CDBG by funding projects in which at least 51 percent of the new jobs created are made available to low and moderate income individuals. The maximum amounts awarded under the program are $1 million for new businesses locating to the state and $500,000 for existing businesses expanding in the state.
Contract Financing Program (Maryland) Maryland Loan Program Yes State/Province The Contract Financing Program, administered by the Maryland Small Business Development Authority, provides financial assistance to eligible businesses in the form of a direct loan or the guaranty of loans made by a financial institution. The funds may be used for working capital, equipment purchase, and to complete work on contracts where a majority of the funds are provided by federal, state, local government, or a utility regulated by the Public Service Commission. Financing is limited to $1,000,000.
Critical Areas of State Concern (Maryland) Maryland Siting and Permitting Yes State/Province This legislation designates the Chesapeake Bay, other Atlantic Coastal Bays, and their tributaries and adjacent lands as critical areas of state concern. It is state policy to protect these areas and to prevent the further degradation of water quality. Further development of non-water dependent structures and increase in lot coverage in these areas is presumed to be contrary to the policy of the state, and construction is therefore restricted in these areas. For the purpose of this legislation, "Critical Area" includes all land within 1,000 feet of the Mean High Water Line of tidal waters or the landward edge of tidal wetlands and all waters of and lands under the Chesapeake Bay and its tributaries.
Dam Safety Program (Maryland) Maryland Safety and Operational Guidelines
Siting and Permitting
Yes State/Province The Dam Safety Division within the Department of the Environment is responsible for administering a dam safety program to regulate the construction, operation, and maintenance of dams to prevent dam failures and protect environmental resources. Permits are required for the construction and modification of structures, and dams are reviewed based on their assigned hazard rating.
Development near Wetlands and Waterways (Maryland) Maryland Siting and Permitting Yes State/Province The Wetlands and Waterways Program requires permits for commercial activity or development proposed on or near a wetland or waterway. For the purpose of the permitting process, major projects are defined as projects that will permanently impact 5,000 square feet or more of wetlands or waterways, including the 100-year floodplain and are located in an area identified as potentially impacting a nontidal wetland of special State concern. Major and minor projects permits are subject to varying application fees and approval processes. Section 5-901 et seq. off the Environment Article contains more specific information on application and permit procedures. More information on nontidal wetlands classifications: http://www.mde.maryland.gov/programs/researchcenter/factsheets/waterfactsheet/documents/www.mde.state.md.us/assets/document/wetlandswaterways/classification.pdf More information, Maryland Nontidal Wetland Mitigation Guidance: http://www.mde.maryland.gov/programs/water/wetlandsandwaterways/aboutwetlands/documents/www.mde.state.md.us/assets/document/wetlandswaterways/mitguidefeb72011.pdf
Dorchester County - Renewable Zoning (Maryland) Maryland Siting and Permitting Yes Local Dorchester County zoning codes specifically permit solar arrays and small wind turbines in many zoning districts.
Dorchester County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance amends Chapter 155 of the Dorchester County Zoning Ordinance in order to add small wind energy systems as an accessory use in all zoning districts.
Flood Control and Watershed Management (Maryland) Maryland Environmental Regulations Yes State/Province Counties and towns are required to issue permits for development within the 100-year floodplain. Development is broadly defined to include any man-made change to land, including grading, filling, dredging, extraction, storage, subdivision of land, and the construction or improvement of structures. The Department of the Environment is responsible for developing and administering a program to minimize the risk of flooding in the state, providing assistance to local governments, and implementing relevant regulations. Separate flood management plans are typically devised for each watershed by local governments in consultation with the Department and associated state agencies. Flood management plans typically involve some restrictions on development in flood zones, especially in 100-year floodplains. Special regulations apply to the Jones Falls watershed in Baltimore County.
Focus Area Tax Credits (Maryland) Maryland Enterprise Zone Yes Local Focus Area Tax Credits for businesses in Baltimore City or Prince George’s County enterprise zones include: (1) Ten-year, 80% credit against local real property taxes on a portion of real property improvements. (2) Ten-year, 80% credit against local personal property taxes on new investment in personal property. (3) A one-time $1,500 income tax credit per new employee. For economically disadvantaged employees, the credit is $9,000 per employee over three years.
Forest Conservation Act (Maryland) Maryland Environmental Regulations
Siting and Permitting
Yes State/Province The main purpose of Maryland's Forest Conservation Act is to minimize the loss of Maryland's forest resources during land development by making the identification and protection of forests and other sensitive areas an integral part of the site planning process. The Act requires units of local government with planning and zoning authority to establish and implement local forest conservation programs. These regulations address state approval of and aid to local programs, as well as the state forest conservation program.
Forestry Policies (Maryland) Maryland Environmental Regulations Yes State/Province Maryland's forests are managed by the Department of Natural Resources, Forest Service Division. The Forest Service issued in 2010 its Forest Strategy Document:

http://www.dnr.state.md.us/forests/pdfs/sas/MarylandForestStrategy53110.pdf

In 2009 The State issued the Sustainable Forestry Act, which includes discussion of new forest markets including renewable energy development through biomass energy. In 2010 The Sustainable Forestry Council, created by the Sustainable Forestry Act, issued "Wood Energy Potential in Maryland":

http://www.dnr.state.md.us/forests/sfcouncil.asp

Currently the primary policy drivers for Maryland woody biomass energy are the state's Renewable Portfolio Standard (RPS) and the Maryland Clean Energy Production Tax Credit. Maryland's RPS considers wood waste and black liquor (a wood products processing byproduct) as "Tier 1" renewable resources under the RPS criteria, and in 2008 68% of the Renewable Energy Credit (REC) market in the state came from these resources.

In 2010 The Pinchot Institute for Conservation issued "The Potential for Sustainable Wood-based bioenergy in Maryland", a document reviewing the availability of woody biomass resources in the state, as well as identification of technologies appropriate for energy conversion of these different resources, and a thorough discussion of the energy policy drivers in the state with regard to woody biomass markets:

http://www.pinchot.org/uploads/download?fileId=913

The Maryland Department of Natural Resources together with the Pinchot Institute for Conservation issued in 2010 "A Guide to Forest Biomass Harvesting and Retention in Maryland", which provides guidelines for sustainable woody biomass harvest for energy generation:

http://www.pinchot.org/uploads/download?fileId=915
Frederick County - Green Building Program (Maryland) Maryland Green Building Incentive Yes Local Frederick County administers a green building program. It has two goals: (1) to ensure that County building projects implement strategies that enhance environmental performance and fiscal efficiencies; and (2) to encourage sustainable design in private sector developments to facilitate a positive environmental legacy for Frederick County
Frederick County - Solar Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance permits solar arrays in any zoning district in Frederick County under the conditions that the total square footage of the array does not exceed that of the principle structure and the footprint of an individual array does not exceed the greater of (1)one-half of the footprint of the principle structure or (2)600 square feet.
Frederick County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance sets standards for permitted wind energy systems in Frederick County, Maryland.
Fuel Mix and Emissions Disclosure (Maryland) Maryland Generation Disclosure Yes State/Territory Maryland’s 1999 electric utility restructuring legislation requires all electric companies and electricity suppliers to provide customers with details regarding the fuel mix and emissions of electric generation. Emissions data must be expressed in terms of pounds per megawatt-hour (MWh). This information must be provided to customers every six months and annually to the Maryland Public Service Commission (PSC). Past reports are available in Case No. 8738 through the PSC's Case File Search web page. Current supplier reports are also posted on company web sites.
Gas Companies Right-of-Way (Maryland) Maryland Siting and Permitting Yes State/Province Corporations engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases may acquire by condemnation the rights-of-way or easements necessary to lay, construct, modify, repair, maintain, operate, and remove pipelines and appurtenances to pipelines for transmitting and supplying gas.
Gas and Oil (Maryland) Maryland Siting and Permitting Yes State/Province The Department of the Environment has the authority to enact regulations pertaining to oil and gas production, but it cannot prorate or limit the output of any gas or oil well. A permit from the Department is required prior to the drilling of a well for exploration, production, or underground storage of oil or gas. An environmental assessment must be submitted along with the permit application, and the Department may deny permits that propose drilling which may pose a substantial threat to public safety or significant adverse environmental impacts. Legislation encourages the development of oil and gas resources in Maryland, and contains provisions to mitigate environmental impacts from oil and gas production. This legislation contains additional information on permitting, well drilling and siting, fees, the use of explosives, gas metering, and coalbed methane production. Drilling for oil or gas is prohibited in the Chesapeake Bay, any of its tributaries, or the Chesapeake Bay Critical Area.
Greenhouse Gas Emissions Reduction Act (Maryland) Maryland Environmental Regulations Yes State/Province The Greenhouse Gas Emissions Reduction Act requires the Department of the Environment to publish and update an inventory of statewide greenhouse gas emissions for calendar year 2006 and requires the State to reduce statewide greenhouse gas emissions by 25% from 2006 levels by 2020. The State is also required to develop and adopt a specified plan, adopt specified regulations, and implement specified programs to reduce greenhouse gas emissions.
Harford County - Property Tax Credit for Solar and Geothermal Devices (Maryland) Maryland Property Tax Incentive Yes Local Harford County offers a tax credit from real property taxes imposed on residential buildings, nonresidential buildings, or other structures that use solar or geothermal devices for heating, cooling, water heating or generating electricity for on-site consumption. The credit amount is equal to one year of total real property taxes or $2,500 per device, whichever is less. In September 2010 the county added a provision limiting total credits to $5,000 per property per fiscal year. Total real property taxes include all real property taxes that would have been paid by the taxpayer for that year for the host building or structure, but not on the land. The original 2006 credit applied only to solar heating and cooling devices and had a limit of $1,000. Subsequent 2007 amendments added geothermal devices as an eligible technology, electricity generation as an eligible end-use, and increased the maximum credit to $2,500.

In order to qualify for a tax credit, devices must meet national safety and performance standards as set by a nationally recognized testing laboratory for that type of device. A one-time application must be submitted to the Harford County Director of Administration on or before October 1 prior to the taxable year for which the credit is sought. The total volume of tax credits allowed for any one year was formerly limited to $150,000, but this limit was been raised to $250,000 effective July 1, 2010. Credits will be issued on a first-come, first-served basis with applications that exceed the annual limit carried over to succeeding years. Unused credits may be carried forward for up to two years. The application is available at the web site above.
Harford County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance creates regulations and standards for the erection and operation of small wind energy systems in Harford County, Maryland.
Hazardous Material Security (Maryland) Maryland Environmental Regulations Yes State/Province All facilities processing, storing, managing, or transporting hazardous materials must be evaluated every five years for security issues. A report must be submitted to the Department of the Environment. The Department is authorized to adopt and implement regulations pertaining to hazardous waste security issues.
Hazardous Materials and Controlled Hazardous Substances (Maryland) Maryland Environmental Regulations Yes State/Province A permit is required to own, establish, operate, or maintain a facility in the state of Maryland that transfers quantities of a single hazardous material in excess of 100,000 pounds at any time during a calendar year. The Department of the Environment is responsible for administrative oversight of such facilities and their operations, and for enacting relevant regulations. Section 7-201 et seq. Of this legislation applies to low-level nuclear waste and other substances that the Department of the Environment may choose to define under this subtitle. Facilities defined as managing controlled hazardous substances include nuclear waste facilities and may include operating landfills. The Department has the authority to issue, modify, and revoke orders and permits pertaining to hazardous waste facilities, generation, and discharges, and sets operational and design standards for hazardous waste facilities. This legislation contains more specific information on the application and permitting process, and the transportation of hazardous waste. A separate permit is required for each facility. This legislation also establishes an Advisory Council to assist the Department in developing rules and regulations pertaining to controlled hazardous substances. The establishment or operation of a high-level nuclear waste facility for the treatment, permanent storage, or disposal of any high-level nuclear waste or transuranic waste is prohibited, except by federal, state, and local public agencies.
Hazardous Waste Facility Siting Program (Maryland) Maryland Siting and Permitting Yes State/Province The Hazardous Waste Facilities Siting Board is responsible for overseeing the siting of hazardous waste facilities in Maryland, and will treat hazardous waste facilities separately from low-level nuclear waste facilities. This legislation describes the factors considered by the Board in making siting decisions. The Board is authorized to enact rules and regulations pertaining to the siting of hazardous and low-level nuclear waste facilities.
Healthy Air Act (Maryland) Maryland Environmental Regulations Yes State/Province The Maryland Healthy Air Act was developed with the purpose of bringing Maryland into attainment with the National Ambient Air Quality Standards (NAAQS) for ozone and fine particulate matter by the federal deadline of 2010.  The act and the subsequent regulations also requires the reduction of mercury emissions from coal-fired electric generating units and significantly reduces atmospheric deposition of nitrogen to the Chesapeake Bay and other waters of the State. Additional regulations address general emission standards and registration and reporting requirements.
Howard County - High Performance and Green Building Property Tax Credit (Maryland) Maryland Property Tax Incentive Yes Local The state of Maryland permits local governments (Md Code: Property Tax § 9-242) to offer property tax credits for high performance buildings and energy conservation devices (Md Code: Property Tax § 9-203) if they choose to do so. Howard County has exercised this option by offering property tax credits for new and existing multi-family residential and commercial buildings that meet certain high performance building standards, and for the installation of energy conservation devices in LEED-certified structures. The property tax credit for energy conservation devices in green buildings (the Green Building Tax Credit) was initially enacted in 2002, while the High Performance Building Tax Credit was enacted in 2007 (effective beginning in July 2008). Minor amendments were made in 2009 to update the High Performance Buildings Tax Credit to reflect current green building standards. More substantive amendments were made in December 2011 to extend the property tax credit to residential structures classified as R-2 or R-3 under the Howard County Building Code, effective for tax years beginning after June 30, 2012 and extending through June 30, 2017.


High Performance Buildings Tax Credit
This tax credit generally uses the U.S. Green Building Council's LEED rating system as a metric for determining how "green"' a building is, although buildings that achieve comparable ratings under other green building standards are also eligible for the tax credit. Tax credits are available for buildings that achieve minimum ratings under the 2009 LEED Core and Shell (CS), Existing Building (EB) or LEED for Homes categories (R-2 and R-3 buildings), or that meet a comparable standard adopted by the director of inspections, licenses and permits. The amount and term of the tax credit varies based on the type project, the rating it achieves, and in the case of R-2 and R-3 buildings declines in successive years, as detailed in the table below.


{
Howard County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance sets up provisions for allowing small wind energy systems in various zoning districts.
Interconnection Standards (Maryland) Maryland Interconnection Yes State/Territory In April 2007, Maryland enacted legislation (S.B. 595) requiring the Maryland Public Service Commission (PSC) to form a small generator interconnection working group to develop interconnection standards and procedures that are "consistent with nationally adopted interconnection standards and procedures," and to revise the state's interconnection standards and procedures on or before November 1, 2007. Final rules were adopted in March 2008 and became effective June 9, 2008.

The new rules apply to interconnections of all types of distributed generation systems of less than 10 MW to the electric distribution system for all types of utilities -- investor-owned utilities, rural cooperatives and municipal utilities. They employ a four-tiered approach to determine the level of review required before a system may be connected to the grid. Different levels of review are subject to specific technical screens, review procedures, and time lines. Generally speaking, the review process becomes more extensive and time consuming with increasing system size. Below are the basic criteria* for determining the level of review required for a prospective project.

  • Level 1: Lab certified, inverter-based systems of 10 kW or less.
  • Level 2: Lab certified or field approved systems of 2 MW or less connected to a radial distribution circuit or to a spot network serving one customer.
  • Level 3: Only applies to systems that will not export power to the grid and which do not require new facility construction by the utility. Systems being located on an area network must be inverter-based, use lab certified equipment, and have a capacity of 50 kW or less. Systems located on a radial network must have a capacity of 10 MW or less and not be served by a shared transformer. These systems are also subject to additional criteria dealing with the aggregate capacity of interconnected systems on a given network.
  • Level 4: Systems 10 MW or less that cannot be approved or do not meet the criteria for review under a lower tier.

Lab certified equipment is defined to mean equipment tested and approved by a nationally recognized testing laboratory (NRTL) as being in accordance with IEEE 1547, UL 1741, and the National Electric Code (NEC). Field approved systems are generally non-certified systems that have been tested and approved under a prior review by a utility, subject to certain other restrictions. All interconnected systems must be equipped with a utility accessible “lockable isolation device” or alternately, a “draw-out type circuit breaker with a provision for padlocking at the draw-out position”. This requirement is equivalent to “lockable external disconnect switch” frequently specified in other jurisdictions.

Utilities may not charge any processing fees to Level 1 applicants and processing fees are limited to $50 plus $1/kilowatt (kW) of capacity for Level 2 requests and $100 plus $2/kW of capacity for Level 3 and 4 requests. Utilities are also required to designate a contact person and provide assistance materials on their website for use by prospective applicants. Standardized interconnection agreements are available on the PSC renewable portfolio standard website for all levels of interconnection request. The regulations also contain provisions for dispute resolution and utility reporting requirements.

The issue of insurance additional insurance requirements is not addressed by the regulations. However, the standard Level 1 interconnection agreement specifically states that applicants are not required to obtain general liability insurance as a condition of interconnection approval. For Levels 2, 3 and 4 the interconnection agreement requires liability insurance of at least $2 million per occurrence and $4 million in aggregate for systems of 1 MW or larger. It also specifies that the policy must name the utility as an additional insured party. A separate standard agreement exists for Maryland state and local government entities, which among other things contains modifications to liability insurance requirements that accommodate self-insured entities.


*The general descriptions here are not a comprehensive listing of all testing and review criteria. Please see the actual rules for more details and additional restrictions that may apply.
Interstate Commission on the Potomac River Basin (Multiple States) District of Columbia
Maryland
Pennsylvania
Virginia
West Virginia
Environmental Regulations
Siting and Permitting
Yes Local The Interstate Commission on the Potomac River Basin's (ICPRB) mission is to enhance, protect, and conserve the water and associated land resources of the Potomac River and its tributaries through regional and interstate cooperation. The IPCRB administers an interstate compact, authorized by Congress in 1940, which aims to help the Potomac basin states and the federal government to enhance, protect, and conserve the water and associated land resources of the Potomac River basin. The Commission is responsible for regulating and controlling pollution impacts and water uses. The Commission provides planning coordination for the development and use of the water and associated land resources through cooperation with, and support and coordination of, the activities of federal, state, local and private agencies, groups, and interests concerned with the development, utilization and conservation of the water and associated land resources.
Interstate Mining Compact (Maryland) Maryland Environmental Regulations Yes State/Province This legislation authorizes the state's entrance into the Interstate Mining Compact, a multi-state governmental agency / organization that represents the natural resource and related environmental protection interests of its member states. Currently, 23 states are members to the compact, and 6 additional states are associate members. The compact is administered by the Interstate Mining Compact Commission, which does not possess regulatory powers but “provides a forum for interstate action and communication on issues of concern to the member states” and thus aids the development of effective regulatory programs and environmental protection initiatives.
Interstate Mining Compact Commission (multi-state) Alabama
Arkansas
Illinois
Indiana
Kentucky
Louisiana
Maryland
Missouri
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
Tennessee
Texas
Virginia
West Virginia
Safety and Operational Guidelines
Siting and Permitting
Yes State/Province The Interstate Mining Compact is a multi-state governmental agency / organization that represents the natural resource and related environmental protection interests of its member states. Currently, 23 states are members to the compact, and 6 additional states are associate members. The compact is administered by the Interstate Mining Compact Commission, which does not possess regulatory powers but “provides a forum for interstate action and communication on issues of concern to the member states” and thus aids the development of effective regulatory programs and environmental protection initiatives. The Commission exercises several powers on behalf of the states, all of which are of a study, recommendatory or consultative nature. The Commission does not possess regulatory powers, as some Compacts do. The Commission provides a forum for interstate action and communication on issues of concern to the member states. It is the potential to stimulate the development and production of each state's mineral wealth through effective regulatory programs that draws many of the states together in the prosecution of the Commission's work. Given the environmental sensitivities associated with this objective, a significant portion of the Commission's work is dedicated to the environmental protection issues naturally associated with this mineral development. It is the significant value and clout that comes from "compacting" together and speaking with a strong, united voice that can make a difference in each state's efforts to implement effective regulatory programs that will conserve natural resources and secure a vibrant state (and thus national) mineral economy.
Interstate Oil and Gas Conservation Compact (Maryland) Maryland Siting and Permitting Yes State/Province This legislation authorizes the State to join the Interstate Compact for the Conservation of Oil and Gas. The Compact is an agreement that has been entered into by 30 oil- and gas-producing states, as well as eight associate states and 10 international affiliates (including seven Canadian provinces). Members participate in the Interstate Oil and Gas Compact Commission, which functions as a forum for governors, state appointees and key policy staff focusing on key oil and natural gas issues, and tracks, evaluates, and disseminates information on state activities and best practices.
Interstate Oil and Gas Conservation Compact (Multiple States) Alabama
Alaska
Arizona
Arkansas
California
Colorado
Florida
Georgia
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Maryland
Michigan
Mississippi
Montana
Nebraska
Nevada
New Mexico
New York
North Dakota
Ohio
Oklahoma
Pennsylvania
South Dakota
Texas
Utah
Virginia
West Virginia
Wyoming
Environmental Regulations Yes State/Province The Interstate Oil and Gas Compact Commission assists member states efficiently maximize oil and natural gas resources through sound regulatory practices while protecting the nation's health, safety and the environment.

The Commission serves as the collective voice of member governors on oil and gas issues and advocates states' rights to govern petroleum resources within their borders.

The Commission formed the Geological CO2 Sequestration Task Force, which examines the technical, policy and regulatory issues related to safe and effective storage of CO2 in the subsurface (depleted oil and natural gas fields, saline formations and coal beds).

The Commission also funds research on hydraulic fracking, reusing water used in extracting oil and gas, and makes recommendations on national energy policies and statutes for individual states.

The Commission also has several associate states: North Carolina, South Carolina, Georgia, Tennessee, Missouri, Idaho, Oregon and Washington. In addition, it has international affiliations with the Canadian provinces of Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Saskatchewan, and the Yukon.
Jane E. Lawton Conservation Loan Program (Maryland) Maryland State Loan Program Yes State/Territory The Jane E. Lawton Conservation Loan Program takes the place of the former Community Energy Loan Program (CELP) and the Energy Efficiency and Economic Development Loan Program (EEEDLP). This program provides local governments, nonprofits, and businesses in the State with an opportunity to reduce their operating expenses by identifying and installing cost-effective energy conservation improvements. It allows borrowers to use the cost savings generated by the improvements as the primary source of revenue for repaying the loans. The program operates as a revolving loan fund where loan repayments from prior awards replenish the fund and allow it to support additional projects. Projects may include renewable installations such as solar hot water or geothermal heat pumps that can meet program guidelines.


Lawton Loans can be made to eligible nonprofits, including hospitals and private schools; local governments, including public school systems and community colleges; and businesses. (Eligible nonprofit applicants may not have a mission that is primarily religious or fraternal.) The Lawton Loan Program has roughly $1.5 million available for new loans during Fiscal Year 2015 (FY 2015). The Maryland Energy Administration (MEA), which administers the program, is required to reserve a portion of the funding each year for loans to non-profits. For FY 2015, $500,000 of available loans funds are reserved for non-profits through August 31, 2014. Thereafter, remaining funds will be pooled and offered to all eligible applicants on a first-come, first-served basis.


The main qualifying criteria for projects are that they save energy and have a simple payback of 10 years or less. All costs necessary for implementing an energy conservation project can be considered for funding, including the technical assessment, reasonable fees for special services, plans and specifications, and the actual costs of construction. Applicants must provide complete applications that document project costs and estimated energy savings in way that can be validated by MEA.


For FY 2015, from $40,000 to $500,000 is available per loan although larger requests may be considered on a case-by-case basis. The interest rate is set at 2.0% for FY 2015 applications. Loan applicants are required to make a contribution to the project although the contribution does not necessarily have to be in the form of cash. Participants begin repaying the loan in the second year after a loan is made, allowing time for projects to be completed and begin generating returns.


Repayments and interest earned by the fund will allow the program to continue making loans for the foreseeable future. To date the program has reportedly issued more than 50 loan awards providing a total of roughly $21 million for projects across the state. These figures include loans made under the prior programs that the Lawton Loan Program replaced.
Job Creation Tax Credit (Maryland) Maryland Corporate Tax Incentive Yes State/Province The Job Creation Tax Credit provides a $1000 tax credit to businesses that create new jobs; the credit is 2.5% of the aggregate annual wages for all newly created full-time positions. This credit is increased to five percent in revitalization zones, up to $1500 per job. Credits may not exceed $1 million per year and may be carried forward for five years. Sixty jobs must be created during a 24-month period. Eligible businesses include public utilities. In a “Priority Funding Area,” a business needs only to create a minimum of 25 new positions.
Kent County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance establishes provisions and standards for small wind energy systems in various zoning districts in Kent County, Maryland.
Local Option - Clean Energy Loan Program (Maryland) Maryland PACE Financing Yes State/Territory Note: The Federal Housing Financing Agency (FHFA) issued a statement in July 2010 concerning the senior lien status associated with most PACE programs. In response to the FHFA statement, most local PACE programs have been suspended until further clarification is provided.

Property-Assessed Clean Energy (PACE) financing effectively allows property owners to borrow money to pay for energy improvements. The amount borrowed is typically repaid via a special assessment on the property over a period of years. Maryland has authorized local governments to establish such programs, as described below. (Not all local governments in Maryland offer PACE financing; contact your local government to find out if it has established a PACE financing program.)

In May 2009, Maryland enacted legislation permitting counties and municipal corporations to adopt resolutions or ordinances establishing clean energy loan programs based on the "PACE" model. The legislation includes provisions permitting local governments to issue bonds to fund such financing programs. If adopted by a local governing body, the program allows local property owners to opt in to a renewable energy or eligible energy-efficiency loan program and repay the loan through a surcharge on their property tax bill. The surcharge remains attached to the property upon a change in ownership and is limited to the amount needed to recover costs associated with issuing bonds, financing the loans, and administering the program.

The authorizing legislation describes a series of details that must be included in the local legislation implementing such financing programs, although specific details are largely left at the discretion of the local government. Local governments may generally specify property owner eligibility, eligible improvements or technologies, and loan terms and conditions. However, the state legislation specifically prohibits commercial renewable energy projects larger than 100 kilowatts from participating in local clean energy loan programs. In addition, it dictates that local eligibility requirements for property owners address their ability to repay a loan through a process similar to mortgage loan approval. For a bond issuance, the local government may specify the principal amount, interest rate/variable rate, terms of sale, payment intervals, conditions for redemption before maturity, and other details as necessary. Bonds (serial or term) issued under this provision must mature no later than 40 years after their issue date.
Local Option - Property Tax Credit for High Performance Buildings (Maryland) Maryland Property Tax Incentive Yes State/Territory Similar to Maryland's Local Option Property Tax Credit for Renewable Energy, Title 9 of Maryland's property tax code creates an optional property tax credit for high performance buildings. This statute allows counties and municipalities to provide a credit against the property tax for buildings which achieve at least a silver rating according to the U.S. Green Building Council's LEED standards, residential structures that achieve a silver rating under the International Code Council's National Green Building Standard (NGBS), or structures which meet other comparable green building ratings or guidelines approved by the State. The provision specifically adding the NGBS (as opposed to the general language regarding "comparable" systems) was adopted by H.B. 158 in 2012, effective for tax years beginning after June 30, 2012.

The counties or municipalities which elect to provide this property tax credit may determine the amount of the property tax credit under this section, the duration of the property tax credit, the criteria and qualifications necessary to receive the credit, and any other necessary provisions. As of July 2011 at least four counties -- Montgomery County, Howard County, Baltimore County, and Anne Arundel County -- had adopted a tax credit under this statute. Carroll County has also adopted a green building property tax credit under a separate, county specific provision (Md Code: Property Tax § 9-308(e)) of Maryland law. Please visit the links above for tax credit information on the incentives available in each county.
Maryland Enterprise Zone Tax Credits (Maryland) Maryland Enterprise Zone Yes State/Province Businesses locating in a Maryland Enterprise Zone may be eligible for income tax and real property tax credits in return for job creation and investments. Businesses located in one of two focus areas are also be eligible for personal property tax credits. There are two forms of Enterprise Zone Tax Credits: (1) Ten-year credit against local real property taxes on a portion of real property improvements. The credit is 80% the first five years, and decreases 10% annually to 30 percent in the tenth and final year. (2) One-time income tax credits of $1,000 per new worker. For economically disadvantaged employees, the credit is $6,000 per employee over three years.
Maryland Radiation Act (Maryland) Maryland Safety and Operational Guidelines Yes State/Province The policy of the state is to provide for the constructive use of radiation and control radiation emissions. This legislation authorizes the Department of the Environment to develop comprehensive programs and policies to manage radiation risks, review radiation source plans and applications, and conduct inspections to determine radiation hazards. Local regulations enacted by a county, municipality, or a board of health are permitted as long as they are consistent with state law and regulations. A Radiation Control Advisory Board is established within the Department to aid the Department's efforts under this legislation. This legislation contains additional information on the regulation of radiation sources, low-level radioactive waste disposal, and enforcement.
Maryland Soil Conservation Districts Law (Maryland) Maryland Environmental Regulations Yes State/Province It is the policy of the state to conserve the soil, water, and related resources of the state through establishing regulations for land-use practices related to soil erosion. This legislation establishes the State Soil Conservation Committee and local Soil Conservation Districts. Districts are authorized to enact local rules and regulations pertaining to land use practices and soil conservation, while the Committee is responsible for facilitating cooperation and the interchange of information between districts, and aiding district programs.
Maryland Wildlands Preservation System (Maryland) Maryland Siting and Permitting Yes State/Province Maryland has a State Wildlands Preservation System, administered by the Department of Natural Resources, that is meant to protect these areas and provide for their future use and enjoyment. The construction or placement of permanent roads, structures, and installations is severely restricted in designated wildlands areas.
Mines and Mining (Maryland) Maryland Safety and Operational Guidelines
Siting and Permitting
Yes State/Province It is the policy of the state to encourage the development of mined resources in Maryland while protecting the environment and public health and safety. This legislation establishes the Bureau of Mines within the Department of the Environment and provides for the establishment of rules and regulations governing mining activity. The legislation addresses the permitting process for mining activities; the examination, licensing, inspection, and supervision of mining activity (sec. 15-301 et seq.); mine safety (sec. 15-401 et seq.); strip mining (sec. 15-501 et seq.); deep mine control (sec. 15-601 et seq.); and surface mining (sec. 15-801 et seq.).
Montgomery County - Green Power Purchasing (Maryland) Maryland Green Power Purchasing Yes Local In October 2000, a group six county agencies, consisting of Montgomery County, Montgomery County Public Schools, Montgomery County Housing Opportunities Commission, Montgomery College, the Washington Suburban Sanitary Commission, and the Maryland-National Capital Park and Planning Commission, began purchasing power on a competitive basis. In March 2003, the county's energy policy was amended to incorporate the purchase of renewable energy and to expand energy-efficiency efforts. This resolution required all county agencies to purchase 5% of their total electricity supply from power generated by zero-emission renewable resources.

In May 2005, Montgomery County signed a contract with Washington Gas Energy Services and its wind energy supplier, Community Energy, to supply 5% of a multi-jurisdictional group's power with wind-energy resources, resulting in a purchase of 38.4 million kilowatt-hours (kWh) per year for two years from wind facilities in West Virginia. The contract applied to six county agencies, 11 municipalities and Prince George's County. In early 2006, the county and its partners doubled their commitment to 10% renewable energy (Resolution 15-1529) for FY 2007 with a further goal of 20% by FY 2011. The County further updated the green purchasing policy in October 2008, enacting a resolution setting an FY 2009 goal of 15% renewable energy while maintaining the FY 2011 goal of 20%. The 2008 resolution also updated the County's renewable energy qualification criteria to include only wind, solar, anaerobic digestion, landfill gas, biomass, geothermal, and tidal energy as defined under the Tier I resource definitions of the state RPS.

In April 2010, the County and its partners announced a new green power purchase of almost 162 million kWh, boosting the County's purchase to 30% of its annual electricity use. However, as of June 2012 the U.S. Environmental Protection Agency's Green Power partnership lists a current purchase of 134.6 million kWh, or 25% of electricity demand for the collective group. The County's FY2013 budget documents assume a continuation of these purchases, with most county agencies achieving a minimum purchase of 20% renewable energy through the extension of current contracts. The Montgomery County Clean Energy Buyers Group currently consists of Montgomery County Government, Montgomery County Public Schools, Montgomery College and The Maryland-National Park and Planning Commission. Also participating are the City of College Park, Chevy Chase Village, Chevy Chase Village Section 5, City of Gaithersburg, City of Rockville, City of Takoma Park, Town of Glen Echo, Town of Kensington, Town of Laytonsville and Town of Somerset.

The group's initial commitment to purchase wind power was influenced by the U.S. Environmental Protection Agency's designation of metropolitan Washington, DC, as a severe ozone non-attainment area. As a result of this designation, Maryland, Virginia and Washington, DC, approved State Implementation Plans (SIPs) in February 2004 in order to meet the national Ambient Air Quality Standard for ground-level ozone. These SIPs include the first state submissions of wind-energy purchases as control measures in regional air-quality plans required under the Clean Air Act. The wind purchase was designed to reduce dangerous ozone transport caused by fossil-fuel power plants in upwind areas.
Montgomery County - High Performance Building Property Tax Credit (Maryland) Maryland Property Tax Incentive Yes Local The state of Maryland permits local governments (Md Code: Property Tax § 9-242) to offer property tax credits for high performance buildings if they choose to do so. Montgomery County has exercised this option by offering property tax credits on new or extensively modified multi-family residential and commercial buildings that meet certain high performance building standards. An "extensive modification" is defined as a structural modification that alters 50% or more of the building's square footage.

The tax credit generally uses the U.S. Green Building Council's LEED rating system as a metric for determining how "green"' a building is, although buildings that achieve comparable ratings under other green building standards are also eligible for the tax credit. Tax credits are available for buildings that achieve minimum ratings under the LEED New Construction (NC); Core and Shell (CS); and Existing Building (EB).

The amount (10-75%) and term (3-5 years) of the tax credit varies based on the type project and the rating it achieves. See the table below for details. The term "covered" refers to new or substantially reconstructed non-residential and multi-family residential buildings over 10,000 square feet, which are already required by county law to meet the basic LEED certification standard or its equivalent. Thus the minimum standard for property tax credits on buildings of this type is correspondingly higher.


{
Montgomery County - Home Energy Loan Program (Maryland) Maryland Loan Program No Local This program is currently on hold. It provides loans to homeowners, re-paid through the property-tax bill, for energy efficiency and renewable energy improvements.
Montgomery County - Renewable Rights - No Private restrictions on Renewables (Maryland) Maryland Industry Recruitment/Support Yes Local Provides that “a person must not create or enforce any deed restriction, covenant, rule, or regulation, or take any other action, which would prohibit the owner of any building from installing a renewable energy device.”
Montgomery County - Residential Energy Conservation Property Tax Credits (Maryland) Maryland Property Tax Incentive Yes Local Note: As originally enacted, this program offer property tax credits for the installation of solar and geothermal energy devices in addition to energy conservation devices. In November 2011 the county enacted legislation (County Bill 28-11) terminating the program for solar and geothermal energy devices unless the taxpayer has entered a contract for costs or submitted an application on or before November 8, 2011. The change in law does not affect the sections of the law that allow property tax credits for various other energy conservation devices.

Montgomery County offers property tax credits on residential, owner-occupied structures for the installation of energy conservation devices. Energy conservation devices include a variety of common energy efficiency related improvements but do not include standard household appliances such as washing machines or clothes dryers. All systems must meet performance and safety standards set by a nationally recognized testing laboratory. The tax credit is effective for all property tax years beginning after June 30, 2008.

The tax credit for energy conservation devices is limited to the cost of the measure up to $250 per fiscal year. Eligible costs include parts, components and accessories necessary to operate the device as well as reasonable installation costs. Only costs incurred during the 12 months preceding a credit application are eligible for a tax credit. The amount of the tax credit may not exceed the taxes imposed on the property during a fiscal year. Excess credits accrued during a year may be carried forward for up to two additional years. The total value of credits for energy conservation deviecs that are granted by the county during a fiscal year may not exceed $100,000. In the event that applications during a fiscal year exceed this limit, a credit may be granted the following year or years in the order applications are received.

Persons wishing to claim the credit must first obtain a certification for their system from the Montgomery County Department of Permitting Services. Applications for the tax credit are handled by the Montgomery County Department of Finance. Please see the program website for additional information on eligible measures and applications.
Montgomery County Clean Energy Rewards Program (Maryland) Maryland Grant Program No Local This program closed in June 2010. Montgomery County has established a Clean Energy Rewards Program under which the County will provide financial incentives to encourage consumers throughout Montgomery County to choose electricity produced by eligible renewable energy sources. The financial incentives will be in the form of incentive payments made available to consumers through their clean energy suppliers, or delivered directly to on-site generators. The rate for these incentives is $0.005/kWh with a cap, per participant, of 20,000kWh for residential and 400,000kWh for non-residential participants.
Net Metering (Maryland) Maryland Net Metering Yes State/Territory Note: The program web site listed above links to the Maryland Public Service Commission's Net Metering Working Group page, which contains a variety of information resources related to the ongoing implementation of net metering in Maryland, such as meeting agendas, minutes, and draft utility tariffs.

Maryland’s net-metering law has been expanded several times since it was originally enacted in 1997. In their current form, the rules apply to all utilities -- investor-owned utilities (IOUs), electric cooperatives and municipal utilities. Residents, businesses, schools or government entities with systems that generate electricity using solar, wind, biomass, fuel cell, closed-conduit hydroelectric, and micro-CHP resources are eligible for net metering. The law permits outright ownership by the customer-generators as well as third-party ownership structures (e.g., leases and power purchase agreements). The provisions allowing for micro-CHP systems(H.B. 1057) and certain third-party ownership structures(S.B. 981) were added in May 2009 and took effect July 1, 2009. Net metering was extended to fuel cell electricity generation systems in May 2010(H.B. 821) and closed-conduit hydroelectric facilities in April 2011 (S.B. 271).

Other important details of Maryland's net metering policy include:
  • Net metering is available statewide until the aggregate capacity of all net-metered systems reaches 1,500 MW. (The aggregate limit on net metering was 34.7 MW prior to the 2007 amendments.)
  • System size is generally limited to 2 MW, except micro-CHP resources are limited to 30 kilowatts (kW). Systems must be primarily intended to offset all or a portion of a customer's on-site energy requirements and are limited in size to that needed to meet 200% of the customer's baseline annual electricity use.
  • Net excess generation (NEG) is generally carried over as a kilowatt-hour credit (i.e., at the retail rate) for 12 months. Compensation for any NEG remaining in a customer's account after a 12-month period ending in April of each year is paid to the customer at the commodity energy supply rate.
  • Customers own and have title to all renewable-energy credits (REC) associated with electricity generation by net-metered systems.
  • Meter aggregation (either physical or virtual) is permitted for customers that use electrical service for agriculture, as well as non-profit organizations and municipal governments or their affiliates.
  • The PSC must file with the Maryland General Assembly detailed annual reports (see 2012 Net Metering Report) describing the status of the state's net-metering program.
Utilities must install a meter at a customer's facility capable of measuring the flow of electricity in both direction (if necessary), and must offer net metering through a tariff or contract at non-discriminatory rates compared to those offered to customers that do not net meter. Customers with systems that meet all applicable safety and performance standards established by the National Electrical Code (NEC), the Institute of Electrical and Electronics Engineers (IEEE), Underwriters Laboratories (UL) and any other PSC requirements may not be required by utilities to install additional controls, to perform or pay for additional tests, or to purchase additional liability insurance.
One Maryland Tax Credit (Maryland) Maryland Corporate Tax Incentive Yes Local The One Maryland Tax Credit applies to businesses that invest in an economic development project in a “qualified distressed county.” Project tax credits may be up to $5 million and start-up tax credits may be up to $500,000. The business must create at least 25 full-time positions within 24 months.
PJM Interconnection (Multiple States) Delaware
Illinois
Indiana
Kentucky
Maryland
Michigan
New Jersey
North Carolina
Ohio
Pennsylvania
Tennessee
Virginia
West Virginia
District of Columbia
Interconnection Yes Non-Profit PJM (originally Pennsylvania, Jersey, Maryland) Interconnection is a Regional Transmission Organization (RTO) that coordinates the movement of wholesale electricity in all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and the District of Columbia. The PJM region has an area of 214,000 square miles, a population of about 60 million and a peak demand of 163,848 megawatts.
Permits and Variances for Solar Panels, Calculation of Impervious Cover (Maryland) Maryland Solar/Wind Permitting Standards Yes State/Territory In May 2012 Maryland enacted legislation stating that any calculation of "impervious surface" required by state or local authorities as part of a permit or variance relating to zoning, construction, or stormwater may only include the foundation or base supporting the solar panel. The law generally applies statewide, including charter counties and Baltimore City. It does not however apply in a defined "critical area", including the Chesapeake Bay Critical Area and the Coastal Bays Critical Area. The term "solar panel" is not specifically defined, but presumably would include both solar photovoltaic (PV) and solar thermal panels.
Pipeline Safety (Maryland) Maryland Safety and Operational Guidelines Yes State/Province The Public Service Commission has the authority enact regulations pertaining to pipeline safety. These regulations address pipeline monitoring, inspections, enforcement, and penalties.
Power Plant Research and Siting Program (Maryland) Maryland Siting and Permitting Yes State/Province The Power Plant Research and Siting Act of 1971 established the Power Plant Research Program (PPRP) to evaluate electric generation issues in the state and recommend responsible, long-term solutions. The program manages a consolidated review of all issues related to power generation in Maryland: it reviews applications, evaluates impacts, and recommends conditions for proposed power plants, transmission lines, and modifications; assesses the impacts of electric power production on the State's environmental resources; and evaluates long-range plans to meet electricity demand. Electric power generators must obtain a Certificate of Public Convenience and Necessity (CPCN) from the Maryland Public Service Commission (PSC) to build or modify power plants and transmission lines in the State, and PPRP assists with multiple steps of the review process.
Prince George's County - Solar Zoning (Maryland) Maryland Siting and Permitting Yes Local Prince George's County has created special provisions for solar panels in their zoning codes.
Prince George's County - Solar and Geothermal Equipment Property Tax Credit (Maryland) Maryland Property Tax Incentive No Local Md. Property Tax Article § 9-203 allows local governments to offer property tax credits for energy conservation devices if they choose to do so. This credit applies to geothermal and solar PV and thermal systems on residential structures only. The credit is equal to 50% of the cost of the system, up to $5,000 for heating and cooling systems and $1,500 for water heating systems. The amount of the tax credit cannot exceed the taxes imposed on the property during a fiscal year. Maximum credits issued by the country during a fiscal year cannot exceed $250,000.
Prince George's County Underground Storage Act (Maryland) Maryland Environmental Regulations Yes Local A gas storage company may invoke eminent domain to acquire property in Prince George's County for underground gas storage purposes. The area acquired must lie not less than 800 feet below the surface of a maximum of 12,000 acres of land, and may be owned by a public body. A permit from the Department of the Environment, along with an order from the Public Service Commission, is required prior to the use of eminent domain. The Act contains further information on eminent domain, landowner, and property rights, and fees. The Act is contained in section 14-201 et seq. Of the Environment Article, Annotated Code of Maryland; additional provisions concerning environmental regulations relevant to gas storage in Prince George's County can be found in section 14-301 et seq.
Private Activity Revenue Bonds (Maryland) Maryland Bond Program Yes State/Province Private Activity Revenue Bonds are available in the form of both taxable bonds and tax-exempt bonds. Both types of bonds provide access to long-term capital markets for fixed asset financing. Eligibility for the tax-exempt bonds is limited by Federal tax law to 501(c)(3) non-profit organizations and manufacturing facilities. Additional limitations apply to the specific transaction type.
Property Tax Exemption for Solar and Wind Energy Systems (Maryland) Maryland Property Tax Incentive Yes State/Territory In May 2007, Maryland established a property tax exemption for residential solar energy systems. Under this law solar energy devices “installed to heat or cool a dwelling, generate electricity to be used in the dwelling, or provide hot water for use in the dwelling” were exempt from state -- but not local -- property taxes. However, in April 2008 H.B. 377 was enacted, repealing this exemption beginning July 1, 2008. In place of the rescinded exemption, H.B. 377 inserted another provision exempting solar photovoltaic (PV) and solar hot water systems from real property taxes. The exemption now applies equally to state and local real property taxes. In addition, by removing the term "dwelling" and replacing it with "structure", the revised exemption appears to no longer be limited to residential systems.

In May 2009 the exemption was amended yet again by H.B. 1171 to add "residential wind energy equipment" as an eligible technology. In order to qualify, equipment must be sited on residential property and produce electricity to be used in a structure on that property. The new law also revised the definition of eligible solar property to include devices that use "solar thermal electric energy" to generate electricity for use in a structure. A separate piece of legislation, S.B. 621, subsequently amended the definition of solar energy property to include property that generates electricity which is put on the electrical grid (e.g., as in a net metering arrangement). These new provisions took effect July 1, 2009.

A separate provision of Maryland property tax law offers a special assessment for geothermal and solar heating and cooling systems. Thus, solar hot water, PV, and wind energy systems are granted an exemption from real property taxes while solar and geothermal heating and cooling systems are granted a special assessment that makes their assessed value equivalent to a conventional system.
Qualifying RPS State Export Markets (Maryland) Maryland Renewables Portfolio Standards and Goals Yes State/Province This entry lists the states with Renewable Portfolio Standard (RPS) policies that accept generation located in Maryland as eligible sources towards their RPS targets or goals. For specific information with regard to eligible technologies or other restrictions which may vary by state, see the RPS policy entries for the individual states, shown below in the Authority listings. Typically energy must be delivered to an in-state utility or Load Serving Entity, and often only a portion of compliance targets may be met by out-of-state generation. In addition to geographic and energy delivery requirements, ownership, registry, and other requirements may apply, such as resource eligibility, generator vintage and capacity limitations, as well as limits on Renewable Energy Certificate (REC) vintage. The listing applies to RPS Main Tiers only, and excludes solar or distributed generation that may require interconnection only within the RPS state. This assessment is based on energy delivery requirements and reasonable transmission availability. Acceptance of unbundled RECs varies. There may be additional sales opportunities in RPS states outside the Eastern Interconnection. REC prices in markets with voluntary goals (North Dakota, South Dakota, Virginia) may be lower.
Queen Anne's County - Clean Energy Loan Program (Maryland) Maryland Loan Program Yes Local A loan program established by Queen Anne's County in order to fund cost effective energy efficiency improvements or install a renewable energy device in eligible homes.
Queen Anne's County - Solar Zoning (Maryland) Maryland Siting and Permitting Yes Local Queen Anne's County zoning code allows for ground mounted solar arrays in areas zoned as "open space," "agricultural," and "countryside" districts.
Regulation of Gas, Electric, and Water Companies (Maryland) Maryland Safety and Operational Guidelines
Siting and Permitting
Yes State/Province The Public Service Commission is responsible for regulating gas, electric, and water companies in the state. This legislation contains provisions for such companies, addressing planning and siting considerations for electric generation facilities and transmission lines, consumer relations and rate-making, and natural gas supplier licensing. Section 7-501 et seq. Contains provisions for electric industry restructuring, which are aimed to create a competitive electricity supply and electricity supply services market within the state. Regulations for the placement of transmission lines by electricity generators can be found in COMAR 20.79.
Renewable Energy Portfolio Standard (Maryland) Maryland Renewables Portfolio Standard Yes State/Territory Note: In April 2013 Maryland enacted legislation (H.B. 226) creating a resource carve-out for offshore wind facilities. The carve-out is stated as a maximum percentage of 2.5% of retail electricity sales in 2017 and beyond, with the actual requirements to be determined by the Maryland Public Service Commission (PSC) subject to the 2.5% limitation. The definition of a qualifying offshore wind facility is limited to facilities located on the outer continental shelf between 10 and 30 miles off the cost of Maryland in a U.S. Department of Interior designated leasing zone. Facilities must connect to PJM Interconnection at a point on the Delmarva peninsula and are subject to PSC approval.

The PSC is not permitted to approve a project unless the project demonstrates positive net environmental, economic, and health benefits; the net rate impact for residential customers does not exceed $1.50 per month (based on consumption of 12,000 kWh annually); the rate impact for non-residential customers does not exceed 1.5% total annual electric bills over the duration of the project; and proposed offshore wind renewable energy credit (OREC) price schedule does not exceed $190 per megawatt-hour (MWh). The portion of the standard designated for offshore wind does not apply to retail sales in excess of 75 million kilowatt-hours (kWh) to industrial process customers in a given year, or monthly retail sales of more than 3,000 kWh to certain agricultural customers. For further information please see the full text of H.B. 226.

Maryland's Renewable Energy Portfolio Standard, enacted in May 2004 and revised in numerous times since, requires electricity suppliers (all utilities and competitive retail suppliers) to use renewable energy sources to generate a minimum portion of their retail sales. Beginning in 2006, electricity suppliers were required to provide 1% of retail electricity sales in the state from Tier 1* renewables and 2.5% from Tier 2** renewables. The renewables requirement increases gradually, ultimately reaching a level of 20% from Tier 1 resources in 2022 and beyond, and 2.5% from Tier 2 resources from 2006 through 2018. The Tier 2 requirement eventually sunsets, dropping to 0% in 2019 and beyond. A solar carve-out was established in 2007, and currently requires that a total of 2% of retail electricity sales come from solar resources by 2020. In 2013 the state established an offshore wind carve-out of up to 2.5% beginning in 2017, with the actual annual requirements to be established by the Maryland Public Service Commission (PSC) subject to the 2.5% limitation. Both the solar carve-out and the offshore wind carve-out are part of the overall Tier 1 requirement, thus they have the effect of reducing the requirements for other Tier 1 resources.

Compliance requirements for each year are as follows:


Year Solar Other Tier I Tier II
2006 0.00% 1.00% 2.50%
2007 0.00% 1.00% 2.50%
2008 0.005% 2.00% 2.50%
2009 0.01% 2.00% 2.50%
2010 0.025% 3.00% 2.50%
2011 0.05% 4.95% 2.50%
2012 0.10% 6.40% 2.50%
2013 0.25% 7.95% 2.50%
2014 0.35% 9.95% 2.50%
2015 0.50% 10.00% 2.50%
2016 0.70% 12.00% 2.50%
2017 0.95% 12.15% 2.50%
2018 1.40% 14.40% 2.50%
2019 1.75% 15.65% 0.00%
2020 2.00% 16.00% 0.00%
2021 2.00% 16.70% 0.00%
2022+ 2.00% 18.00% 0.00%


Electricity suppliers demonstrate compliance with the standard by accumulating renewable energy credits (RECs) equivalent to the required percentages outlined above. A REC has a three-year life during which it may be transferred, sold, or otherwise redeemed. In other words, a REC may be used for compliance during the year of generation and he following two calendar years. Formerly, RECs generated within the PJM region, in states adjacent to the PJM, or delivered into the PJM were eligible to be counted towards RPS compliance. However, this provision was amended in 2008 by H.B. 375 to remove PJM-adjacent states from the geographic eligibility list, effective beginning in 2011.

Initially, the RPS included credit multipliers for wind, solar, and methane. The multiplier for solar was replaced by the 2% solar requirement in 2007. Multipliers for wind and methane remained for facilities placed in service on or after January 1, 2004, although both have subsequently expired:

  • A supplier received 120% credit toward meeting its Tier 1 obligations through RECs associated with wind energy through December 31, 2005. Beginning in 2006 and through 2008, a 110% credit was in effect.
  • A supplier received 110% credit toward meeting its Tier 1 obligations through RECs associated with energy derived from methane through 2008.

Energy from Tier 1 resources is eligible for RPS compliance regardless of when the system or facility was placed in service, except solar water heating systems, which must be commissioned on or after June 1, 2011 in order to qualify. Electricity suppliers were only permitted to begin to receive or accumulate RECs starting January 1, 2004. Energy associated with Tier 1 resources may be applied to either Tier 1 or Tier 2 obligations. Special conditions also apply for Tier 1 hydroelectric and Tier 2 resources regarding dates of eligibility.

Solar resources must be connected with the distribution grid serving Maryland, except that on or before December 31, 2011, solar resources not connected to the Maryland grid are eligible only if offers for solar RECs from Maryland grid sources are not made to an electricity supplier that would satisfy the RPS.

Provisions specific to the solar set-aside include the following:

  • If the owner of a solar generating system chooses to sell RECs, the owner must first offer the RECs for sale to an electricity supplier for RPS compliance. Although not specified in the statute, the administrative regulations require the offer to be posted for a minimum of 10 days on the PSC's website, after which time the system owner may sell their RECs to any willing buyer;
  • Direct REC contracts between solar solar energy system owners and suppliers must have a term of at least 15 years. However, as a result of H.B. 258 of 2012, beginning October 1, 2012 the minimum contract length with not apply for systems of 10 kW or less;
  • The parties are free to negotiate a price for solar RECs that varies over time; and
  • Electricity suppliers purchasing RECs from solar systems with a capacity of 10 kW or less must purchase the RECs with a single upfront payment representing the full estimated production of the system over the life of the contract. The administrative regulations explain how this payment is calculated.

Maryland’s Public Service Commission was charged with developing a method for estimating annual production, determining the REC payment amount, and designating an individual to develop the solar program requirements and outreach activities. The program website contains information on the PSC's activities in this area.

Each electricity supplier must submit a report to the Public Service Commission annually that demonstrates compliance with the RPS. An electricity supplier that fails to meet the standard must pay into the Maryland Strategic Energy Investment Fund (SEIF). The alternative compliance fee schedule, as amended by S.B. 277 in May 2010, is as follows:

  • 4.0¢/kWh for non-solar Tier 1 shortfalls (increased from to 2.0¢/kWh by H.B. 375 of 2008, effective beginning in 2011);
  • 1.5¢/kWh for Tier 2 shortfalls;
  • 45¢/kWh for solar shortfalls in 2008, 40¢/kWh in 2009 through 2014, 35¢/kWh in 2015 and 2016, 20¢/kWh in 2017 and 2018 and continuing to decline by 5¢ bi-annually until it reaches 5¢/kWh in 2023 and beyond; and
  • 0.8¢/kWh for Tier 1 shortfalls for industrial process load in 2006-2008, declining incrementally to 0.2¢/kWh in 2017 and later; no fee for Tier 2 shortfalls for industrial process load.

Compliance fees paid into the SEIF, which is administered by the Maryland Energy Administration, will be used to fund grant and loan programs for Tier 1 renewable energy resources. Compliance fees for the solar obligation may only be used to support new solar resources in the state. The SEIF replaces the Maryland Renewable Energy Fund, which was repealed by H.B. 368 in 2008. The PSC is required to submit annual reports (see 2011 RPS Report) to the state legislature detailing utility compliance with the standard.

Electricity suppliers may recover costs incurred to comply with the standard in the form of a generation surcharge on all customers. However, the RPS law provides compliance cost caps and provisions for delaying compliance with the solar set-aside and non-solar Tier 1 requirements. If the actual or projected dollar-for-dollar cost for purchasing solar RECs in any one year is greater than or equal to 1% of the electric supplier’s total annual electricity sales revenues in Maryland, the electricity supplier may request that the PSC to delay by 1 year each of the scheduled percentages for solar and allow the solar percentage required for that year to continue to apply to the electricity supplier for the following year. The delay will continue each year until the actual or anticipated cost is less than 1% of the supplier’s annual sales revenue in Maryland, at which time the supplier will be subject to the next scheduled percentage increase. The procedure and rules are identical for non-solar Tier 1 requirements except the trigger level is the greater of 10% of an electricity supplier's total annual retail sales or the applicable Tier 1 percentage requirement for that year. The Tier 1 off-ramp was added in 2008 when the compliance requirements were increased.

History

Maryland's RPS was originally enacted in 2004, but has been revised on numerous occasions since that time. The 2004 enactment established a standard of 7.5% Tier 1 renewables by 2019 and 2.5% Tier 2 renewables by 2018 (sunsetting in 2019). Legislation enacted in April 2007 (S.B. 595) added a provision requiring electricity suppliers to derive 2% of electricity sales from solar energy in addition to the 7.5% renewables derived from other Tier 1 resources as outlined in the initial RPS law. The solar set-aside began at 0.005% of retail sales in 2008 and increases incrementally each year to reach 2% by 2020. The set-aside is projected to result in the development of more than 1,250 MW of solar capacity by 2020. In April 2008 H.B. 375 more than doubled the overall Tier 1 requirement and accelerated the compliance schedule. The Tier 2 and solar requirements were left unchanged at this time, but in May 2010 S.B. 277 accelerated the solar compliance schedule and increased solar alternative compliance payment levels for 2011 through 2016. Finally, Maryland enacted S.B. 717 allowing solar water heating systems commissioned on or after June 1, 2011 to qualify as eligible resources for the solar carve-out, effective January 1, 2012. In order to qualify for the standard solar water heating systems must: be commissioned on or after June 1, 2011; not be used soley to heat a pool or a hot tub; and use SRCC OG-100 certified equipment.

Also in May 2011, Maryland enacted S.B. 690 reclassifying waste-to-energy facilities connected to the Maryland distribution grid as Tier 1 resources. Formerly, all waste-to-energy facilities were considered Tier 2 facilities. The legislation also classifies facilities connected to the Maryland distribution grid that use refuse-derived fuel (formerly not specifically addressed) as Tier 1 resources, effective October 1, 2011.In May 2012 Maryland enacted a suite of bills affecting the RPS. The most significant bill, S.B. 791/H.B. 1187, accelerates the solar carve-out compliance requirements by varying degrees beginning in 2013; pushes up the date for the ultimate 2% target from 2022 to 2020; and allows solar water heating energy production measurements for some systems to be estimated under a certification system other than SRCC OG-300 (subject to Public Service Commission approval). The changes also have the effect of reducing the minimum Tier I resource requirements from 2013 - 2021.

Apart from solar-related changes, in 2012 Maryland also enacted S.B. 652/H.B. 1186 allowing geothermal heating and cooling systems commissioned on or after January 1, 2013 that meet certain standards to qualify as a Tier I resource. Finally, in May 2012 the legislature also enacted S.B. 1004/H.B. 1339 allowing thermal energy associated with biomass systems that primarily use animal waste (possibly supplemented by other biomass resources) to qualify as Tier I resources, effective January 1, 2013.

* Tier 1 resources include solar, wind, qualifying biomass (excluding sawdust), methane from the anaerobic decomposition of organic materials in a landfill or a waste water treatment plant, geothermal, ocean (including energy from waves, tides, currents and thermal differences), fuel cells powered by methane or biomass, and small hydroelectric plants (systems less than 30 megawatts in capacity and in operation as of January 1, 2004). As a result of S.B. 348 of 2008, poultry-litter incineration facilities connected to the Maryland distribution grid now qualify as a Tier 1 resource. Further, as a result of S.B. 690 enacted in May 2011 and effective October 1, 2011, waste-to-energy facilities and facilities that use refuse-derived fuel which are connected to the Maryland distribution grid also now qualify as Tier 1 resources. Prior to this, waste-to-energy facilities were only eligible as Tier 2 resources and facilities that use refuse-derived fuel were not specifically addressed. As a result of 2012 legislation, certain geothermal heating and cooling systems and biomass systems that generate thermal energy also qualify as Tier 1 resources.

** Tier 2 sources include hydroelectric power other than pump-storage generation, and waste-to-energy facilities through October 1, 2011 (see note above for further details).
Residential Clean Energy Grant Program (Maryland) Maryland State Rebate Program Yes State/Territory Note: Starting from October 14, 2014, installation that are replacing existing geothermal unit will not be eligible for $3,000 grant. Replacement for geothermal pumps will only qualify for $500 grant.


Effective from November 14, 2013, grants for leased residential solar PV systems has been discontinued.


Maryland's Residential Clean Energy Grant Program, administered by the Maryland Energy Administration (MEA), provides financial incentives to homeowners that install solar water-heating, solar-electric (PV), and Geothermal heating and cooling systems. In order to be eligible, the property must be the applicant's primary residence.

The current Clean Energy Grant Program provides incentives as follows:


{
Sales and Use Tax Exemption for Residential Solar and Wind Electricity Sales (Maryland) Maryland Sales Tax Incentive Yes State/Territory In May 2011 Maryland enacted legislation providing a sales and use tax exemption for sales of electricity from qualifying solar energy and residential wind energy equipment to residential customers. In order to qualify for the exemption, the sale of electricity must be for residential use on a property owned by a net metering eligible customer-generator. Maryland already exempted energy sales under residential or domestic rate schedules on file with the Maryland Public Service Commission (PSC) from the sales and use tax. The law therefore places sales/purchases of electricity under residential solar or wind retail power purchase agreements (PPAs) on a level playing field with customer purchases of electricity from the grid. The exemption took effect July 1, 2011.
Sewage Sludge (Maryland) Maryland Siting and Permitting Yes State/Province Sewage sludge utilization permits are required prior to the use, processing, and disposal of sewage sludge in Maryland. Sewage sludge (also known as biosolids) is not sewage, but rather is one of the final products of treated sewage at a sewage (wastewater) treatment plant. Sewage sludge is the fine particulate matter remaining after treatment which breaks down organic matter and destroys disease organisms in sewage. A SSU Permit is required for any person who collects, incinerates, stores, treats, applies to land, transports or disposes of sewage sludge or septage in Maryland.
Shore Erosion Control (Maryland) Maryland Environmental Regulations Yes State/Province The Department of Natural Resources is responsible for creating and implementing a program designed to minimize shore erosion through education, erosion control projects, promulgate regulations, and oversee the design and erection of shoreline structures.
Soil Erosion and Sediment Control (Maryland) Maryland Environmental Regulations Yes State/Province The Departments of the Environment and Natural Resources are authorized to develop regulations to combat soil erosion and control the addition of sediment to waters of the state. As part of the Soil Erosion and Sediment Control Program, an approved plan is required for any earth disturbance of 5,000 square feet or more and 100 cubic yards or more, and oversight is granted to the Departments and to local soil conservation districts. Some exemptions apply.
Solar Renewable Energy Certificates (SRECs) (Maryland) Maryland Performance-Based Incentive Yes State/Territory Under Maryland law, an SREC represents the generation attributes of 1 megawatt-hour (MWh) of electricity generation (or equivalent) from a qualifying solar facility. Electricity suppliers must purchase and retire solar renewable energy credits (SRECs) in order to meet their compliance obligations under the law, or pay a Solar Alternative Compliance Payment (SACP) for any shortfalls in SREC purchases. The SACP operates as a theoretical ceiling on the price that a supplier would pay for SRECs to fulfill obligations under the Maryland RPS.* In Maryland the SACP is set at $400 per MWh for 2009 - 2014, but will decline in future years, ultimately reaching $50 per MWh in 2023 and thereafter. Under this system, SRECs represent a significant source of revenue for owners of qualifying solar facilities, with a value determined by demand in the trading market.

All net-metered customers and renewable on-site generators in Maryland own all RECs or SRECs produced by their systems unless or until a customer or generator chooses to sell or otherwise transfer the RECs or SRECs to another party. A Maryland SREC has a three-year lifetime during which it is valid for compliance (i.e., the calendar year during which it was generated plus the next two calendar years). Once a facility qualifies as an eligible solar generator, it is eligible to produce SRECs for as long as it remains in service as an eligible generator. Residential solar water heating systems are not permitted to generate more than 5 SRECs annually.


Program Description

In order to begin producing SRECs for the Maryland RPS*, a solar generator must apply for certification as a qualifying generator from the Maryland Public Service Commission (PSC). In general, a PV facility must be connected to the distribution grid serving Maryland** in order to qualify as a source of SRECs for meeting an electricity supplier's compliance obligation under the state RPS. However, through 2011 SRECs from solar facilities not connected to the distribution grid serving Maryland were eligible to be counted under the state RPS to the extent that SREC offers from Maryland facilities were not sufficient to meet the standard. In February 2012 the PSC determined that sufficient Maryland-sourced solar resources existed during 2011 to meet the standard, rendering out-of-state resources ineligible. Solar water heating facilities must be commissioned on or after June 1, 2011; not be used for the sole purpose of heating a pool or a hot tub; and use SRCC OG-100 certified equipment.



After a facility is certified by the PSC, it must establish SREC account with the PJM-EIS Generation Attribute Tracking System (GATS). In general, the system owner or their representative must enter energy generation data from a revenue-quality meter into the PJM-GATS system at least once annually in order to be issued an SREC. Owners of PV systems of 10 kilowatts (kW) or smaller (referred to as Level 1 solar facilities) that are used for on-site generation may use an engineering estimate based on an energy production schedule established by the PSC in lieu of providing actual generation data. Owners of systems that are not certified as Level 1 solar facilities are also required to submit an on-site generation form to the PSC within one week of entering their generation data into the PJM-GATs system. Non-residential solar water heating systems must be equipped with a meter that meets the standards of the International Organization of Legal Metrology (IOLM). Residential solar water heating systems may be equipped with an IOLM-compliant meter, or may use an SRCC OG-300 thermal performance rating for the purposes of SREC creation.

In a characteristic unique to Maryland, solar generators in Maryland are required to offer SRECs for sale to Maryland electricity suppliers prior to offering them for sale to any other buyer. In order to help generators comply with this requirement, the PSC operates a web site where generators can post SREC offers. Currently, SREC purchase contracts directly between a solar generator and an energy supplier must have a term of at least 15 years. However, as a result of H.B. 258, beginning October 1, 2012 the minimum term requirements will not apply to Level 1 facilities. For Level 1 solar facilities only, the purchase must take the form of a single, up-front payment arrived at by calculating the net present value of SRECs over the life of the contract using a standard SREC value of 80% of the SACP and federal secondary credit interest rate in effect as of January 1 of that year as the discount rate. If after 10 days the SREC(s) have not been sold to a Maryland electricity supplier, the facility owner is free to sell their SREC(s) to any buyer.

The PJM-GATS Public Reports web site contains a variety useful pieces of information, including monthly weighted average SREC trading prices for Maryland and other states. Note that the SREC trading prices reported here for each state refer to facilities located in that state. In some cases, the SRECs may have been sold into the SREC market in another state rather than the state of origin.


History


Maryland's Renewable Energy Portfolio Standard, enacted in May 2004 and revised in 2007 and 2008, requires electricity suppliers (all utilities and competitive retail suppliers) to use renewable energy sources to generate a minimum portion of their retail sales. The renewables requirement increases gradually, ultimately reaching a level of 20% from Tier 1 resources in 2022 and beyond, and 2.5% from Tier 2 resources from 2006 through 2018. The Tier 2 requirement sunsets at the end of 2018, dropping to 0% in 2019 and beyond. The law was amended in April 2007 to include a solar-photovoltaic (PV) requirement of 2% by 2022, which is included within the 20% by 2022 Tier I renewables requirement.


In May 2010 S.B. 277 accelerated the solar compliance schedule and made several other related changes to the law, but did not change the ultimate 2% by 2022 requirement. In May 2011 the law was amended yet again to allow solar water heating systems to qualify under the standard. In May 2012 the solar compliance requirements were accelerated again for the period from 2013 - 2020 and the ultimate target of 2% was solar moved up from 2022 to 2020 by S.B. 791. As with the other resource tiers, the requirement ramps up progressively over time in annual increments from an initial requirement of 0.005% in 2008, to 0.025% in 2010, and so forth towards the ultimate 2% by 2020 requirement.

*Solar facilities located in Maryland may also be eligible to participate in other states' SREC markets. In some cases this may allow SRECs sourced from facilities located in Maryland to trade above the theoretical price ceiling set by the SACP.

**Beginning in 2012, this criterion should in most cases limit qualification to solar facilities physically located in Maryland. In addition, it could also impose size limitations on facilities by requiring that facilities be connected to the grid at the distribution-level voltages, as opposed to transmission-level voltages.
Somerset County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance creates regulations for the permitting of Small Wind Energy Systems as a permitted accessory use in R-1, R-2, R-3, MRC and AR zoning districts, subject to certain requirements.
Southern States Energy Compact (Multiple States) Alabama
Arkansas
Florida
Georgia
Kentucky
Louisiana
Maryland
Mississippi
Missouri
North Carolina
Oklahoma
Puerto Rico
South Carolina
Tennessee
Texas
United States Virgin Islands
Virginia
West Virginia
Industry Recruitment/Support
Environmental Regulations
Yes State/Province The Southern States Energy Compact provides for the proper employment and conservation of energy, and for the employment of energy-related facilities, materials, and products, within the context of a responsible regard for the environment, among the Southeastern states, Puerto Rico, and the U.S. Virgin Islands. The Southern States Energy Board is responsible for administering the Compact and may adopt bylaws, rules, and regulations in conjunction with state agencies. The Board also encourages the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and a healthy environment.
St. Mary's County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local The purpose of these regulations is to allow a Small Wind Energy System used

to generate electricity at a rated capacity (as defined by the manufacturer) of 100

kilowatts or less to be constructed and installed for on-site consumption only.
State-Ocean City Beach Erosion Control District (Maryland) Maryland Siting and Permitting Yes Local A Beach Erosion Control District constitutes part of the Ocean City shoreline. Land clearing, construction activity, or the construction or placement of permanent structures within the district is prohibited.
Stormwater Management (Maryland) Maryland Environmental Regulations Yes State/Province Maryland's Stormwater Management Program, administered by the Department of the Environment, aims to reduce stormwater runoff. The program requires the submission of a stormwater management plan prior to land development.
Surety Bond Program (Maryland) Maryland Bond Program Yes State/Province The Surety Bond Program, a program of the Maryland Small Business Development Financing Authority, assists eligible small businesses in obtaining bid, performance or payment bonds necessary to perform on contracts where the majority of funds are also provided by a government agency or public utility. Bonds that are directly issued are limited to $5,000,000. Guaranties are limited to 90% of the face value of the bond not to exceed a maximum participation of $5,000,000.
Susquehanna River Basin Compact (Maryland) Maryland Environmental Regulations Yes State/Province This legislation enables the state's entrance into the Susquehanna River Basin Compact, which provides for the conservation, development, and administration of the water resources of the Susquehanna River Basin. The Susquehanna River Basin Commission is responsible for coordinating water resource and planning efforts within the basin. The states of New York, Pennsylvania, and Maryland are party to this compact. The Compact established the Susquehanna River Basin Commission (SRBC) as the agency to coordinate the water resources efforts of the three states and the federal government. The commissioners, or their alternates, meet periodically to act on applications for projects using water, adopt regulations, and direct planning and management activities affecting the basin's water resources.
Talbot County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance amends the Talbot County Code, Chapter 190, Zoning, Subdivision and Land Development, to permit small wind turbine systems with wind turbine towers not to exceed 160 feet in total height and amends standards for small wind turbine production facilities.
Washington County - Solar Ordinance (Maryland) Maryland Siting and Permitting Yes Local Provides for zoning restrictions on solar energy systems, including (1) six foot setbacks; (2) 20 foot height limitations on freestanding systems; (3) limitations on square feet of freestanding systems to no greater than ½ the footprint of the principle structure or six hundred feet (whichever is greater); (4) providing rooftop systems cannot exceed 12 feet above the roof line.
Washington County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local This ordinance establishes regulations to facilitate the installation and construction of Small Wind Energy Systems in Washington County for private landowners, subject to reasonable restrictions which will preserve the public health and safety.
Water Pollution Control and Abatement (Maryland) Maryland Environmental Regulations Yes State/Province The Department of the Environment is responsible for protecting the water quality of the state and enacting regulations to prevent and mitigate water pollution. The Water Management Administration (WMA) issues permits to protect Maryland’s water resources by controlling industrial and municipal wastewater discharges. Surface water discharges are regulated through combined State and federal permits under the National Pollutant Discharge Elimination System (NPDES). Groundwater discharges are regulated through State issued groundwater permits. Section 9-301 of the Environment Article in the Annotated Code of Maryland contains provisions for water use and monitoring programs and discharge permits.
Wetlands and Riparian Rights (Maryland) Maryland Environmental Regulations Yes State/Province The Department of the Environment regulates dredging, dumping, filling, and similar activities in wetland areas to protect the environmental and public values of the wetlands and to sustain their ability to control floods. Regulations will be enacted with the consent of the Maryland Agricultural Commission. This legislation contains provisions to protect the rights of riparian owners and landowners. Licensing requirements for the construction of non-water dependent structures on piers can be found in section 16-104; such structures may not be permitted in Prince George's County. This legislation addresses licensing and fees for dredging, filling, construction, and similar activities in state and private wetlands, as well as the determination of the boundaries of those wetlands.
Wicomico County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local Establishes zoning regulations for the installation and construction of small wind energy systems in Wicomico County for private landowners, subject to reasonable restrictions.
Wild and Scenic Rivers Act (Maryland) Maryland Environmental Regulations Yes State/Province It is state policy to protect the outstanding scenic, geologic, ecologic, historic, recreational, agricultural, fish, wildlife, cultural, and other similar values of certain rivers and adjacent lands. The Department of Natural Resources is responsible for designating rivers and river segments to be classified as wild and scenic, and development and construction are restricted on or near these rivers.
Wildlife Management Areas (Maryland) Maryland Environmental Regulations
Siting and Permitting
Yes State/Province Wildlife Management Areas exist in the State of Maryland as wildlife sanctuaries, and vehicles, tree removal, and construction are severely restricted in these areas. Some of these species are also classified as Natural Heritage Areas, which exist for the preservation of threatened or endangered animals or plants.
Windswept Grant Program - (Maryland) Maryland State Rebate Program Yes State/Territory The Maryland Energy Administration (MEA) provides rebates for the installation of residential and non-residential wind energy systems through the Windswept program, which is part of the Clean Energy Grant Program. Systems of up to 750 kilowatts (kW) are eligible for the program. The incentive level is set at $3,000 per kW of normalized generating capacity at a reference wind speed of 11 meters per second (m/s). Incentives are allocated on a per property basis, meaning that incentives will not be awarded for multiple turbines on the same property.

Incentives are capped at the lesser of $100,000 or 50% of the net installed cost after other federal, state, and local incentives. In order to qualify, wind energy systems must be listed on the program web site or on the New York State Energy Research and Development Authority (NYSERDA) List of Qualified Wind Generators. The program website contains sample grant calculations for common small wind turbines that have been installed in Maryland (note that this is not a complete list of eligible wind turbines).

Systems must also comply with all applicable performance and safety standards, including local codes, the National Electric Code, Maryland’s net metering rules and interconnection standards. Off-grid systems are not specifically addressed by the program rules, but might be permitted on a case-by-case basis. Project applications must contain a detailed site assessment, wind energy system specifications, signed cost estimates, a preliminary wind analysis, and pre-qualification forms detailing certain other aspects of the project. It is possible that some applications will be deemed ineligible based on site conditions (e.g., poor wind resource, obstructions, etc.).

Grants are awarded on a first-come, first-serve basis. Systems installed prior to the submission of an application remain eligible for incentives provided the system was placed in service during the same fiscal year as the application was submitted. For further information and application forms, please consult the program web site listed at the top of this page.
Wood Heating Fuel Exemption (Maryland) Maryland Sales Tax Incentive Yes State/Territory This statute exempts from the state sales tax all wood or "refuse-derived" fuel used for heating purposes. The law does not make any distinctions about whether the qualified fuels are used for residential or commercial heating so both purposes should qualify. As of October 2012 the Maryland sales tax rate is 6%.
Worcester County - Wind Ordinance (Maryland) Maryland Siting and Permitting Yes Local Establishes regulations for the installation of Small Wind Energy Systems.
Youghiogheny Wild and Scenic River (Maryland) Maryland Environmental Regulations Yes Local Portions of the Youghiogheny River are protected under the Scenic and Wild Rivers Act, and development on or near these areas is restricted. COMAR section 08.15.02 addresses permitted uses and allowable and prohibited agricultural, mining, commercial, industrial, and recreational activities in these areas, as well as stream alteration and diversion.