Counties Seek Balance on Solar Policy, Propose Collaborative Solutions

MACo President Jack Wilson emphasizes the association’s opposition to HB1036/SB931, raises concerns, and suggests a way forward. In a letter addressed to Senator Brian Feldman, Chair of the Senate Education, Energy & Environment Committee, and Delegate CT Wilson, Chair of the House Economic Matters Committee, both Wilson and First Vice President MC Keegan-Ayer express the counties’ unified opposition to HB1036/SB931, known as The Renewable Energy Certainty Act (RECA), while also outlining potential pathways for collaboration.

Since the fall of 2023, MACo has been actively engaging with the administration, industry leaders, and stakeholders to promote Maryland’s renewable energy objectives through clear, effective, and balanced policies. Although MACo opposes the legislation in its current form, counties are dedicated to working alongside the General Assembly to tackle the state’s energy challenges.

The MACo Letter

Chair Feldman and Chair Wilson,

We write today to convey the united opposition of Maryland’s 24 counties to HB 1036/SB 931, The Renewable Energy Certainty Act (RECA). For over a year, MACo has engaged in good faith discussions with the administration, advocacy groups, and industry leaders to promote Maryland’s renewable energy goals through clear, effective, and balanced policies. We remain fully committed to solutions that benefit our shared constituents and address our collective challenges.

While RECA incorporates some themes from our discussions, its current form significantly undermines local input, equitable tax policy, and critical community protections. We advocate for a more balanced approach that ensures progress without sacrificing the voices and interests of our constituents.

Counties oppose RECA based on five core principles:

1. Safety: Unregulated energy storage projects should not jeopardize residents’ safety. The widespread deployment of utility-scale battery storage raises severe public safety concerns, including risks of fires, hazardous waste, and toxic fumes. Appropriate oversight and fire suppression regulations are necessary to protect nearby homes, schools, and businesses.

2. Livability: Clean energy projects should enhance communities rather than detract from them. Meaningful community input is essential to ensure that renewable energy projects improve livability, rather than imposing changes without regard for local needs. Residents deserve a voice in shaping their community’s future.

3. Local Taxpayers: Large energy companies should not receive tax breaks while local residents bear the financial burden. Renewable projects must contribute their fair share without draining resources from schools, public safety, and essential services. A balanced approach protects taxpayers and ensures long-term community benefits.

4. Affordable Housing: Renewable energy goals should not compromise housing affordability. Allowing solar projects to occupy land designated for housing development undermines public investments and drives up costs for residents. Policies must find a balance between energy and housing needs.

5. Efficiency: Renewable energy should be implemented thoughtfully, not hastily. Poorly planned and expedited policies waste resources, strain infrastructure, and disrupt communities. Smart siting policies are essential for ensuring efficiency while balancing economic growth with environmental stewardship.

Although we oppose the legislation as currently drafted, Maryland’s counties are committed to partnering with the state government to achieve better outcomes for our constituents. Attached, please find a set of amendments that we believe represent a good faith effort towards this goal. We ask that you take our concerns seriously and look forward to collaborating on a path forward.

Jack Wilson
President, MACo
Commissioner, Queen Anne’s County

MC Keegan-Ayer
First Vice President, MACo
Council Member, Frederick County

MACo Amendments to HB 1036 / SB 931

• Amendment #1: Insert on page 2, after line 7, “A PERSON MAY NOT EXERCISE A RIGHT OF CONDEMNATION IN CONNECTION WITH THE CONSTRUCTION OF A SOLAR ENERGY GENERATING STATION.”

• Amendment #2: Insert on page 4, after line 29, “(4) ‘PROJECT AREA’ MEANS THE LIMIT OF DISTURBANCE. A PROJECT AREA MAY BE ONE OR MORE CONTIGUOUS PARCELS OR PROPERTIES UNDER THE SAME OWNERSHIP OR LEASE AGREEMENT. (5) ‘SOLAR ENERGY GENERATING SYSTEM’ MEANS A GROUND-MOUNTED SOLAR ARRAY AND ANCILLARY EQUIPMENT, AND ACCESSORY BUILDINGS OR FACILITIES THAT GENERATE, MAINTAIN, OPERATE, MANAGE, DISTRIBUTE, AND TRANSMIT POWER. A SOLAR ENERGY GENERATING SYSTEM DOES NOT INCLUDE PROJECTS BUILT OVER ROADS, PARKING LOTS, OR ROADWAY MEDIANS. THE SIZE OF A SOLAR ENERGY GENERATING SYSTEM IS DETERMINED BY THE PROJECT’S INTERCONNECTION AGREEMENT.”

• Amendment #3: Insert on page 5, after line 17, “(3) THE PROJECT HAS ALL OTHER APPLICABLE FEDERAL, STATE, AND LOCAL APPROVALS.”

• Amendment #4: On page 5, lines 18-20, after “(D)” strike the lines in their entirety and insert, “IN ACCORDANCE WITH COMAR 20.79.01.05, 90 DAYS BEFORE SUBMITTING AN APPLICATION FOR APPROVAL UNDER THIS SECTION, THE APPLICANT SHALL PROVIDE IMMEDIATE NOTICE OF THE APPLICATION TO:”

• Amendment #5: On page 6, in line 17 after “(F)” strike the lines through page 8, line 16 in their entirety and insert, “FOR SOLAR ENERGY GENERATING SYSTEM APPLICATIONS SUBJECT TO THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CPCN) PROCESS, THE FOLLOWING STANDARDS WILL APPLY: (1) ALL SOLAR ENERGY GENERATING SYSTEMS SHALL BE SUBJECT TO THE SOLAR ENERGY GENERATING SYSTEM SITING STANDARDS. (2) GROUND MOUNTED SOLAR ENERGY SYSTEMS 5 MEGAWATTS AND ABOVE SHALL NOT BE PERMITTED ON ANY LOT, PARCEL, OR TRACT OF LAND THAT; IS LOCATED WITHIN A PLANNED GROWTH AREA AS IDENTIFIED IN A LOCAL JURISDICTION’S ADOPTED COMPREHENSIVE PLAN, OR; IS ZONED FOR MEDIUM DENSITY RESIDENTIAL, HIGH DENSITY RESIDENTIAL, OR MIXED-USE WITH A RESIDENTIAL COMPONENT, OR; IS LOCATED WITHIN AN AREA DESIGNATED FOR HOUSING IN; MD. CODE ANN., TITLE 05, HOUSING AND COMMUNITY DEVELOPMENT, OR; MD. CODE ANN., TITLE 34, SUBTITLE 03, LAND USE. (3) GROUND MOUNTED SOLAR ENERGY SYSTEMS BELOW 5 MEGAWATTS MAY BE PERMITTED ON A LOT, PARCEL, OR TRACT OF LAND WITHIN A PLANNED GROWTH AREA AS IDENTIFIED IN A LOCAL JURISDICTION’S ADOPTED COMPREHENSIVE PLAN IF; THE SITING OF THE FACILITY DOES NOT OBSTRUCT OR HINDER EXISTING, PLANNED, OR ANTICIPATED INFRASTRUCTURE THAT IS NECESSARY TO SERVE FUTURE HOUSING OR MIXED-USE PROJECTS, INCLUDING WATER, SEWER, AND COMPREHENSIVELY PLANNED ROADWAYS. THE SITING OF THE FACILITY DOES NOT OBSTRUCT OR HINDER THE DESIGN AND DENSITY OF A FUTURE HOUSING OR MIXED-USE PROJECT. DOES NOT OCCUPY MORE THAN 10% OF THE LOT, PARCEL, OR TRACT OF LAND. (4) THE APPLICANT SHALL PROVIDE NOTIFICATION OF ALL SOLAR ENERGY GENERATING SYSTEMS WITH THE LOCAL GOVERNMENT EMERGENCY RESPONSE SERVICES. THE REGISTRATION SHALL INCLUDE A MAP OF THE SOLAR FACILITY NOTING THE LOCATION OF THE SOLAR COLLECTORS AND THE PANEL DISCONNECT. FACILITIES MUST PROVIDE SITE ACCESS AND CIRCULATION FOR EMERGENCY VEHICLES. (5) A LOCAL GOVERNMENT SHALL APPLY A STANDARD PROCESS FOR THE REVIEW AND APPROVAL OF SITE DEVELOPMENT PLANS FOR SOLAR ENERGY GENERATING SYSTEMS OVER 5MW, INCLUDING THE REVIEW AND APPROVAL OF THE SITE PLAN BY THE PLANNING COMMISSION. (6) A LOCAL GOVERNMENT SHALL REQUIRE A STANDARD PROCESS FOR THE ADMINISTRATIVE REVIEW AND APPROVAL OF SOLAR ENERGY GENERATING SYSTEMS THAT ARE 5MW OR LESS. (7) SETBACKS FOR SOLAR ENERGY GENERATING SYSTEMS WILL BE MEASURED FROM THE NEAREST SOLAR ARRAY OR ACCESSORY EQUIPMENT, BUILDINGS OR FACILITIES THAT GENERATE, MAINTAIN, OPERATE, MANAGE, DISTRIBUTE, AND TRANSMIT POWER TO THE PROPERTY BOUNDARY. A LOCAL GOVERNMENT MAY ESTABLISH LESS RESTRICTIVE SETBACKS, BUT SETBACKS FOR SOLAR ENERGY GENERATING SYSTEMS MAY NOT EXCEED: 100 FEET FROM ALL PROPERTY LINES, EXCLUDING PROPERTY LINES THAT BISECT THE INTERIOR OF A PROJECT AREA; 150 FEET FROM NEAREST WALL OF RESIDENTIAL DWELLING; FENCING SHALL NOT BE PLACED CLOSER THAN 50 FEET FROM THE EDGE OF A DEDICATED, PRESCRIPTIVE, OR COMPREHENSIVELY PLANNED PUBLIC ROAD RIGHT OF WAY. WITH THE EXCEPTION OF EQUIPMENT REQUIRED BY THE LOCAL UTILITY FOR INTERCONNECTION INTO GRID INFRASTRUCTURE, NO SOLAR ARRAY OR ACCESSORY EQUIPMENT, BUILDINGS, OR FACILITIES SHALL BE LOCATED WITHIN A DEDICATED, PRESCRIPTIVE, OR COMPREHENSIVELY PLANNED PUBLIC ROAD RIGHT OF WAY. (8) VISUAL IMPACTS OF SOLAR FACILITIES ON PRESERVATION AREAS, SUCH AS RURAL LEGACY AREAS, AGRICULTURAL PRESERVATION AREAS, PUBLIC PARKS, SCENIC RIVERS AND BYWAYS, DESIGNATED HERITAGE AREAS, HISTORIC STRUCTURES OR SITES LISTED ON OR ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES OR A COUNTY REGISTER OF HISTORIC PLACES, MUST BE MITIGATED. A VIEWSHED ANALYSIS MUST BE SUBMITTED AS PART OF THE LOCAL GOVERNMENT APPLICATION TO ASSURE THAT VISUAL IMPACTS ARE MINIMIZED THROUGH SOLAR PANEL PLACEMENT, HEIGHT, LANDSCAPING, AND SCREENING. (9) LANDSCAPE BUFFER – A LOCAL GOVERNMENT MAY REMOVE OR RELAX ANY OF THE FOLLOWING STANDARDS IN AREAS WHERE THE APPLICANT CAN REASONABLY DEMONSTRATE THAT SUCH REQUIREMENTS WOULD HAVE LESSER OR NO VISUAL BUFFER VALUE. A LANDSCAPE BUFFER THAT IS A MINIMUM OF 35 FEET WIDE MUST BE PROVIDED ALONG ALL PROPERTY LINES OR ALONG THE EXTERIOR BOUNDARY OF THE SOLAR ENERGY GENERATING SYSTEM. ALTERNATIVE LANDSCAPE BUFFER LOCATIONS MAY BE PROPOSED WITHIN THE BOUNDARY OF THE PROJECT SITE WHERE THE ALTERNATIVE BUFFER LOCATION MAXIMIZES THE EFFECTIVENESS OF THE SCREENING EFFORT. THE BUFFER MUST BE DESIGNED TO PROVIDE FOUR-SEASON VISUAL SCREENING OF THE SOLAR ENERGY GENERATING SYSTEMS AND INCLUDE MULTI-LAYERED, STAGGERED ROWS OF OVERSTORY AND UNDERSTORY TREES AND SHRUBS THAT ARE A MIX OF EVERGREEN AND DECIDUOUS VEGETATION, WITH AN EMPHASIS ON SPECIES THAT ARE NATIVE TO THE AREA. ALL PLANT MATERIAL SHALL CONFORM TO THE PLANT SIZE SPECIFICATIONS ESTABLISHED BY THE AMERICAN STANDARD FOR NURSERY STOCK ANSI Z60.1 AND SHALL BE PLANTED TO THOSE STANDARDS. A LOCAL GOVERNMENT MAY REQUIRE A LANDSCAPE BUFFER OF UP TO 50 FEET WHERE DEEMED NECESSARY TO MEET THE REQUIREMENTS OF (F)(8) ABOVE. THE LANDSCAPE BUFFER MUST BE INSTALLED AS EARLY IN THE CONSTRUCTION PROCESS AS PRACTICABLE AND PRIOR TO ACTIVATION OF THE SOLAR ENERGY GENERATING SYSTEMS. THE SIZE OF TREES AND SHRUBS AT THE TIME OF PLANTING MUST ACCOMMODATE ADEQUATE SCREENING BY THE END OF 5 YEARS. VEGETATION USED TO ESTABLISH A VISUAL SCREEN MUST NOT BE TRIMMED TO STUNT GROWTH OR LIMIT EFFECTIVENESS. IF FENCING IS PROPOSED, A LANDSCAPE BUFFER MUST BE PLACED BETWEEN THE FENCE AND THE PUBLIC VIEW. IF WIRE MESH IS USED, IT SHALL BE BLACK OR GREEN VINYL. NO BARBED OR RAZOR WIRE MAY BE USED ON FENCING AROUND THE SOLAR ENERGY GENERATING SYSTEM. FENCING SHALL BE INSTALLED AT THE INTERIOR EDGE OF THE LANDSCAPE BUFFER OR IMMEDIATELY ADJACENT TO THE SOLAR ENERGY GENERATING SYSTEM. IF FOREST OR HEDGEROWS EXIST WHERE SCREENING OR BUFFERING IS REQUIRED, IT MUST BE PRESERVED TO THE MAXIMUM EXTENT PRACTICABLE AND SUPPLEMENTED WITH NEW PLANTINGS WHERE NECESSARY TO PROVIDE DESIRED SCREENING. EXISTING NON-INVASIVE VEGETATION MAY BE USED FOR MEETING LANDSCAPE BUFFER REQUIREMENT, SUBJECT TO MEETING THE REQUIREMENTS UNDER (F)(9) I-IV) AND (F)(8). ALL LANDSCAPING, SCREENING, AND BUFFERING MUST BE MAINTAINED WITH A 90 PERCENT SURVIVAL THRESHOLD FOR THE LIFE OF THE SOLAR ENERGY GENERATING SYSTEMS THROUGH A MAINTENANCE AGREEMENT THAT INCLUDES A WATERING PLAN. A LOCAL GOVERNMENT MAY REQUIRE A COST ESTIMATE AND LANDSCAPE SURETY. SUCH SURETY WILL BE APPROVED AND HELD BY THE LOCAL GOVERNMENT FOR UP TO THREE YEARS AND UPON INSPECTION, MAY RELEASE UP TO 50% AND THEN BE HELD FOR TWO ADDITIONAL YEARS TO DETERMINE THE PLANT MATERIAL HAS BEEN MAINTAINED IN GOOD HEALTH. THE LOCAL GOVERNMENT RESERVES THE RIGHT TO INSPECT AND REQUIRE REPLACEMENT OF PLANT MATERIAL.

• Amendment #6: On page 8, strike lines 17 through 26 in their entirety and insert, “(G) (1) FOR SOLAR ENERGY GENERATING SYSTEM APPLICATIONS ABOVE 2 MEGAWATTS, LOCAL JURISDICTIONS MAY NOT ESTABLISH SOLAR ENERGY GENERATING SYSTEM SITING POLICIES MORE RESTRICTIVE THAN THOSE ENUMERATED IN SECTION (F). (2) LOCAL GOVERNMENTS SHALL PROCESS APPLICATIONS FOR SOLAR ENERGY GENERATING SYSTEM APPLICATIONS BELOW 5MW AS PERMITTED USES SUBJECT TO ADMINISTRATIVE PROJECT REVIEW STANDARDS. (3) ACCESSORY USE ON SITE NET METERING SOLAR ENERGY GENERATING SYSTEMS SHALL NOT BE SUBJECT TO THESE ENUMERATED PROVISIONS BUT MUST COMPLY WITH LOCAL LAND USE AND BUILDING CODE REQUIREMENTS.”

• Amendment #7: On page 8, strike line 27 through page 9, line 2 in its entirety.

• Amendment #8: On page 9, strike lines 7 through 11, line 25 in their entirety. Explanation: The Public Service Commission is currently establishing a permitting and regulatory framework to expedite the safe development of utility-scale battery storage in Maryland. This language conflicts with that effort and will further delay the rollout of energy storage infrastructure.

• Amendment #9: Insert on page 21, after line 27, “SECTION 5. THE PUBLIC SERVICE COMMISSION, IN CONSULTATION WITH THE POWER PLANT RESEARCH PROGRAM AND COUNTIES, SHALL EXPLORE THE FEASIBILITY OF ESTABLISHING A LIMIT ON THE TOTAL AMOUNT OF PRIME AGRICULTURAL LANDS OCCUPIED BY SOLAR DEVELOPMENT IN EACH COUNTY. THE PUBLIC SERVICE COMMISSION SHALL DELIVER AN INTERIM REPORT BY DECEMBER 1ST, 2025, AND A FINAL REPORT BY DECEMBER 1ST, 2026.”

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