SB 780

SENATE BILL 780
      C5, M3  6lr1718
  CF 6lr1676
     By: Senator Brooks
     Introduced and read first time: February 6, 2026
     Assigned to: Education, Energy, and the Environment
  A BILL ENTITLED
1 AN ACT concerning
2Certificate of Public Convenience and Necessity – BURDEN Analysis
3(CHERISH Our Communities Act)
4 FOR the purpose of requiring that an application for a certificate of public convenience and
5      necessity for certain generating stations located within a certain at–risk census tract
6      include with the application a baseline understanding of risk, disparities, and
7      environmental needs (BURDEN) report describing and including information on
8      certain environmental and public health burdens; altering the contents of a certain
9      notice that must be provided on receipt of an application for a certificate of public
10      convenience and necessity; requiring the Public Service Commission to make certain
11      determinations as to whether issuing a certain certificate of public convenience and
12      necessity will cause or contribute to certain adverse environmental or public health
13      stressors; specifying the circumstances under which the Commission must deny an
14      application for a certificate of public convenience and necessity; and generally
15      relating to certificates of public convenience and necessity for generating stations.
16 BY repealing and reenacting, without amendments,
17Article – Environment
18Section 1–101(a), (e), and (j) and 1–701(a)(1) and (7)
19Annotated Code of Maryland
20(2013 Replacement Volume and 2025 Supplement)
21 BY repealing and reenacting, with amendments,
22Article – Public Utilities
23Section 7–207(a), (c), and (d)(1)(i)
24Annotated Code of Maryland
25(2025 Replacement Volume and 2025 Supplement)
26 BY adding to
27      Article – Public Utilities
28      Section 7–207(b–1) and (d–1)
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *sb0780*
2SENATE BILL 780
1Annotated Code of Maryland
2(2025 Replacement Volume and 2025 Supplement)
3SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
4 That the Laws of Maryland read as follows:
5Article – Environment
6 1–101.
7(a)   In this article the following words have the meanings indicated.
8(e)  “EJ Score” means an overall evaluation of an area’s environment and existing
9 environmental justice indicators, as defined by the Department in regulation, including:
10(1)   Pollution burden exposure;
11(2)   Pollution burden environmental effects;
12(3)   Sensitive populations; and
13(4)   Socioeconomic factors.
14(j)   “Maryland EJ tool” means a publicly available State mapping tool that allows
15 users to:
16(1)   Explore layers of environmental justice concern;
17(2)   Determine an overall EJ Score for census tracts in the State; and
18(3)   View additional context layers relevant to an area.
19 1–701.
20(a)   (1)   In this section the following words have the meanings indicated.
21(7)    “Overburdened community” means any census tract for which three or
22 more of the following environmental health indicators are above the 75th percentile
23 statewide:
24(i)     Particulate matter (PM) 2.5;
25(ii)    Ozone;
26(iii)   National Air Toxics Assessment (NATA) diesel PM;
27(iv)    NATA cancer risk;
  SENATE BILL 780  3
1(v)     NATA respiratory hazard index;
2(vi)    Traffic proximity;
3(vii)   Lead paint indicator;
4(viii) National Priorities List Superfund site proximity;
5(ix)    Risk Management Plan facility proximity;
6(x)     Hazardous waste proximity;
7(xi)    Wastewater discharge indicator;
8(xii)   Proximity to a Concentrated Animal Feeding Operation (CAFO);
9(xiii) Percent of the population lacking broadband coverage;
10(xiv) Asthma emergency room discharges;
11(xv)    Myocardial infarction discharges;
12(xvi) Low–birth–weight infants;
13(xvii) Proximity to emitting power plants;
14(xviii) Proximity to a Toxic Release Inventory (TRI) facility;
15(xix) Proximity to a brownfields site;
16(xx)    Proximity to mining operations; and
17(xxi) Proximity to a hazardous waste landfill.
18Article – Public Utilities
19 7–207.
20      (a)   (1)   In this section the following words have the meanings indicated.
21(2) “AT–RISK CENSUS TRACT” MEANS ANY GEOGRAPHIC AREA
22 WITHIN A 1.5–MILE RADIUS OF THE BOUNDARIES OF:
4SENATE BILL 780
1(I)
  ANY CENSUS TRACT FOR WHICH THE FINAL EJ SCORE AS
2 DETERMINED USING THE MARYLAND EJ TOOL IS AT OR ABOVE THE 75TH
3 PERCENTILE;
4(II)
  ANY CENSUS TRACT FOR WHICH SIX OR MORE OF THE
5 ENVIRONMENTAL HEALTH INDICATORS LISTED IN THE DEFINITION OF
6 “OVERBURDENED COMMUNITY” IN § 1–701 OF THE ENVIRONMENT ARTICLE ARE AT
7 OR ABOVE THE 75TH PERCENTILE; OR
8(III) ANY CENSUS TRACT FOR WHICH THE PROXIMITY TO:
91.       MINING OPERATIONS IS AT OR ABOVE THE  95TH
10 PERCENTILE IN THE STATE;
112.       EMITTING POWER PLANTS IS AT OR ABOVE THE 95TH
12 PERCENTILE IN THE STATE;
133.
  A HAZARDOUS WASTE LANDFILL IS AT OR ABOVE THE
14 95TH PERCENTILE IN THE STATE; OR
154.    A CONCENTRATED ANIMAL FEEDING OPERATION, AS
16 DEFINED IN COMAR 26.08.01.01, IS AT OR ABOVE THE 99TH PERCENTILE IN THE
17 STATE.
18(3)“BURDEN REPORT” MEANS A BASELINE UNDERSTANDING OF
19 RISK, DISPARITIES, AND ENVIRONMENTAL NEEDS REPORT PREPARED IN
20 ACCORDANCE WITH SUBSECTION (B–1) OF THIS SECTION.
21[(2)] (4)      “Brownfields site” means:
22(i)    a former industrial or commercial site identified by federal or
23 State laws or regulation as contaminated or polluted;
24(ii)    a     closed   landfill   regulated by   the Department   of   the
25 Environment; or
26(iii)   mined land.
27[(3)] (5)      (i)      “Construction” means:
281.    any physical change at a site, including fabrication,
29 erection, installation, or demolition; or
302.   the entry into a binding agreement or contractual
31 obligation to purchase equipment exclusively for use in construction in the State or to
  SENATE BILL 780  5
1 undertake a program of actual construction in the State which cannot be canceled or
2 modified without substantial loss to the owner or operator of the proposed generating
3 station.
4(ii)   “Construction” does not include a change that is needed for the
5 temporary use of a site or route for nonutility purposes or for use in securing geological
6 data, including any boring that is necessary to ascertain foundation conditions.
7(6)
  “EJ SCORE” HAS THE MEANING STATED IN § 1–101 OF THE
8 ENVIRONMENT ARTICLE.
9[(4)] (7)      “Generating station” does not include:
10(i)     a generating unit or facility that:
111.    is used for the production of electricity;
122.    has the capacity to produce not more than 2 megawatts of
13 alternating current; and
143.     is installed with equipment that prevents the flow of
15 electricity to the electric grid during time periods when the electric grid is out of service;
16(ii)    a combination of two or more generating units or facilities that:
171.     are used for the production of electricity from a solar
18 photovoltaic system or an eligible customer–generator that is subject to the provisions of §
19 7–306 of this title;
202.    are located on the same property or adjacent properties;
213.     have the capacity to produce, when calculated
22 cumulatively for all generating units or facilities on the property or adjacent property, more
23 than 2 megawatts but not more than 14 megawatts of alternating current; and
244.    for each individual generating unit or facility:
25A.    has the capacity to produce not more than 2 megawatts of
26 alternating current;
27B.    is separately metered by the electric company; and
28C.   does not export electricity for sale on the wholesale market
29 under an agreement with PJM Interconnection, LLC;
30(iii)   a generating unit or facility that:
6SENATE BILL 780
11.     is used for the production of electricity for the purpose of:
2A.   onsite emergency backup at a facility when service from
3 the electric company is interrupted due to electric distribution or transmission system
4 failure or when there is equipment failure at a site where critical infrastructure is located;
5 and
6B.     test and maintenance operations necessary to ensure
7 functionality of the generating unit or facility in the event of a service interruption from
8 the electric company due to electric distribution or transmission system failure or when
9 there is equipment failure at a site where critical infrastructure is located;
102.     is installed with equipment that prevents the flow of
11 electricity to the electric grid;
123.   is subject to a permit to construct issued by the
13 Department of the Environment; and
144.    is installed at a facility that is part of critical
15 infrastructure if the facility complies with all applicable regulations regarding noise level
16 and testing hours; or
17(iv) a combination of two or more generating units or facilities that
18 satisfy item (iii) of this paragraph.
19(8)
  “MARYLAND EJ TOOL” HAS THE MEANING STATED IN § 1–101 OF
20 THE ENVIRONMENT ARTICLE.
21[(5)] (9)   (i)    “Mined land” means the surface or subsurface of an area
22 in which surface mining operations will be, are being, or have been conducted.
23(ii)    “Mined land” includes:
241.     private ways and roads used for mining appurtenant to
25 any surface mining area;
262.     land excavations;
273.     workings; and
284.     overburden.
29[(6)] (10) “Qualified generator lead line” means an overhead transmission
30 line that is designed to carry a voltage in excess of 69,000 volts and would allow an
31 out–of–state Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric
32 system in Maryland that is owned by an electric company.
  SENATE BILL 780  7
1      (B–1) (1) THIS SUBSECTION DOES NOT APPLY TO THE CONSTRUCTION OF A
2 WIND, SOLAR, OR GEOTHERMAL ENERGY GENERATING STATION.
3(2)   (I)    ANAPPLICATION FOR A CERTIFICATE OF PUBLIC
4 CONVENIENCE AND NECESSITY FOR THE CONSTRUCTION OF A GENERATING
5 STATION LOCATED WITHIN AN AT–RISK CENSUS TRACT SHALL INCLUDE A BURDEN
6 REPORT PREPARED IN ACCORDANCE WITH THIS SUBSECTION.
7(II)   THE COMMISSION MAY NOT CONSIDER AN APPLICATION
8 FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE
9 CONSTRUCTION OF A GENERATING STATION UNLESS THE APPLICATION INCLUDES A
10 BURDEN REPORT PREPARED IN ACCORDANCE WITH THIS SUBSECTION.
11(3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION, A BURDEN
12 REPORT REQUIRED UNDER PARAGRAPH (2) OF THIS SUBSECTION SHALL:
13(I)   1.    DESCRIBE THE EXISTING ENVIRONMENTAL AND
14 PUBLIC HEALTH BURDEN FOR THE AT–RISK CENSUS TRACT IN WHICH THE
15 GENERATING STATION IS TO BE LOCATED; AND
162.DESCRIBE    THE  POTENTIAL     OR   CURRENT
17 CONTRIBUTIONS TO THE EXISTING ENVIRONMENTAL AND PUBLIC HEALTH BURDEN
18 BY THE GENERATING STATION; AND
19(II)   AT A MINIMUM, INCLUDE:
201.   A.USING THE MARYLAND EJ TOOL, THE EJ
21 SCORE FOR THE CENSUS TRACT IN WHICH THE GENERATING STATION IS TO BE
22 LOCATED, INCLUDING A DESCRIPTION OF THE INDICATORS CONTRIBUTING TO THE
23 EJ SCORE; AND
24B.USING THE MARYLAND EJ TOOL, THE EJ SCORES
25 FOR EACH CENSUS TRACT LOCATED WITHIN A 1.5–MILE RADIUS OF THE BOUNDARY
26 OF THE PROPOSED GENERATING STATION, INCLUDING A DESCRIPTION OF THE
27 INDICATORS CONTRIBUTING TO THE EJ SCORE;
282.A COMPREHENSIVE LIST OF EACH EXISTING
29 POLLUTION SOURCE, OR CATEGORY OF SOURCES, THAT IS IMPACTING THE AT–RISK
30 CENSUS TRACT OR CENSUS TRACTS WITHIN A 1.5–MILE RADIUS OF THE PROPOSED
31 GENERATING STATION, INCLUDING A DESCRIPTION OF POTENTIAL ROUTES OF
32 HUMAN EXPOSURE TO POLLUTION FROM EACH SOURCE OR CATEGORY IDENTIFIED;
8SENATE BILL 780
13. AMBIENT CONCENTRATIONS OF REGULATED AIR
2 POLLUTANTS AND REGULATED OR UNREGULATED HAZARDOUS AIR POLLUTANTS;
34. A.    AN EXISTING TRAFFIC COUNT IN AT–RISK
4 CENSUS TRACTS WITHIN A 1.5–MILE RADIUS OF THE PROPOSED GENERATING
5 STATION; AND
6B.     ANTICIPATED CONTRIBUTIONS TO THE TRAFFIC
7 COUNT FROM THE PROPOSED GENERATING STATION, INCLUDING VEHICLE TYPES,
8 ASSOCIATED EMISSIONS, AND ANTICIPATED ROUTES IN AT–RISK CENSUS TRACTS
9 WITHIN A 1.5–MILE RADIUS OF THE GENERATING STATION;
105. A.    EXISTING NOISE AND ODOR LEVELS IN AT–RISK
11 CENSUS TRACTS WITHIN A 1.5–MILE RADIUS OF THE PROPOSED GENERATING
12 STATION; AND
13B.   ANTICIPATED CONTRIBUTIONS TO NOISE AND ODOR
14 LEVELS FROM THE PROPOSED GENERATING STATION;
156.   EXPOSURE   OR   POTENTIAL   EXPOSURE   TO LEAD,
16 INCLUDING LEAD–BASED PAINT;
177.  EXPOSURE    OR      POTENTIAL    EXPOSURE    TO
18 CONTAMINATED DRINKING WATER SUPPLIES;
198.    PROXIMITY OF THE PROPOSED GENERATING STATION
20 TO EXISTING SOURCES OF POLLUTION;
219.   THE POTENTIAL OR PROJECTED CONTRIBUTION OF
22 THE PROPOSED GENERATING STATION TO EXISTING POLLUTION BURDENS IN THE
23 AT–RISK CENSUS TRACT, ACCOUNTING FOR THE EXISTING BURDEN AND THE
24 POTENTIAL HEALTH EFFECTS OF ANY CONTRIBUTION;
2510. AN EVALUATION OF EXISTING ENVIRONMENTAL AND
26 PUBLIC HEALTH STRESSORS AND INDICATORS BORNE BY THE AT–RISK CENSUS
27 TRACT OR CENSUS TRACTS WITHIN A 1.5–MILE RADIUS OF THE PROPOSED
28 GENERATING STATION; AND
2911. AN EVALUATION OF ANY ENVIRONMENTAL AND
30 PUBLIC HEALTH STRESSORS AND INDICATORS POSED BY THE PROPOSED
31 GENERATING STATION.
  SENATE BILL 780  9
1(c)    (1)    On receipt of an application for a certificate of public convenience and
2 necessity under this section, the Commission shall provide notice immediately or require
3 the applicant to provide notice immediately of the application to:
4(i)     the Department of Planning;
5(ii)  the governing body, and if applicable the executive, of each
6 county or municipal corporation in which any portion of the generating station, overhead
7 transmission line, or qualified generator lead line is proposed to be constructed;
8(iii) the governing body, and if applicable the executive, of each
9 county or municipal corporation within 1 mile of the proposed location of the generating
10 station, overhead transmission line, or qualified generator lead line;
11(iv) each member of the General Assembly representing any part of
12 a county in which any portion of the generating station, overhead transmission line, or
13 qualified generator lead line is proposed to be constructed;
14(v)   each member of the General Assembly representing any part of
15 each county within 1 mile of the proposed location of the generating station, overhead
16 transmission line, or qualified generator lead line;
17(vi) for a proposed overhead transmission line, each owner of land
18 and each owner of adjacent land; and
19(vii)   all other interested persons.
20(2)    The Commission, when sending the notice required under paragraph
21 (1) of this subsection, shall forward a copy of the application to:
22(i)   each appropriate State unit and unit of local government for
23 review, evaluation, and comment regarding the significance of the proposal to State,
24 area–wide, and local plans or programs; and
25(ii)  each member of the General Assembly included under paragraph
26 (1)(iv) and (v) of this subsection who requests a copy of the application.
27(3)    On receipt of an application for a certificate of public convenience and
28 necessity under this section, the Commission shall provide notice of the application on the
29 Commission’s social media platforms and website.
30(4)(I)   THIS PARAGRAPH DOES NOT APPLY TO THE CONSTRUCTION
31 OF A WIND, SOLAR, OR GEOTHERMAL ENERGY GENERATING STATION.
32(II)
  THE NOTICE PROVIDED UNDER PARAGRAPH (1) OF THIS
33 SUBSECTION SHALL INCLUDE:
10SENATE BILL 780
11.
  USING THE MARYLAND EJ TOOL, THE EJ SCORES
2 FOR EACH CENSUS TRACT LOCATED WITHIN A 1.5–MILE RADIUS OF THE BOUNDARY
3 OF THE PROPOSED GENERATING STATION, INCLUDING A DESCRIPTION OF THE
4 INDICATORS CONTRIBUTING TO THE EJ SCORE; AND
52.  A LINK TO THE COMMISSION WEBPAGE WHERE THE
6 ASSOCIATED BURDEN REPORT IS POSTED.
7(d)    (1)   (i)    The Commission shall provide an opportunity for public
8 comment and hold a public hearing on the application for a certificate of public convenience
9 and necessity AND, IF APPLICABLE, THE ASSOCIATED BURDEN REPORT in each
10 county and municipal corporation in which any portion of the construction of a generating
11 station, an overhead transmission line designed to carry a voltage in excess of 69,000 volts,
12 or a qualified generator lead line is proposed to be located.
13(D–1) (1)THIS SUBSECTION APPLIES ONLY TO AN APPLICATION FOR A
14 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR WHICH A BURDEN
15 REPORT IS REQUIRED.
16(2)    AFTER REVIEW OF A BURDEN REPORT PREPARED IN
17 ACCORDANCE  WITH THIS SECTION, THE COMMISSION SHALL ISSUE A
18 DETERMINATION ON WHETHER APPROVING AN APPLICATION FOR A CERTIFICATE
19 OF PUBLIC CONVENIENCE AND NECESSITY WILL, TOGETHER WITH OTHER
20 ENVIRONMENTAL OR PUBLIC HEALTH STRESSORS OR INDICATORS AFFECTING THE
21 AT–RISK CENSUS TRACT, CAUSE OR CONTRIBUTE TO ADVERSE ENVIRONMENTAL OR
22 PUBLIC HEALTH STRESSORS OR INDICATORS IN THE AT–RISK CENSUS TRACT THAT
23 ARE HIGHER THAN THOSE BORNE BY OTHER AREAS WITHIN THE STATE.
24(3)    IF THE COMMISSION DETERMINES THAT APPROVING AN
25 APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WILL
26 CAUSE OR CONTRIBUTE TO ADVERSE ENVIRONMENTAL OR PUBLIC HEALTH
27 STRESSORS OR INDICATORS UNDER PARAGRAPH (2) OF THIS SUBSECTION, THE
28 COMMISSION SHALL DENY THE APPLICATION UNLESS THE APPLICANT CAN
29 DEMONSTRATE THAT THE ACTIVITY REQUIRING THE CERTIFICATE OF PUBLIC
30 CONVENIENCE AND NECESSITY WILL SERVE A PUBLIC INTEREST IN THE AT–RISK
31 CENSUS TRACT WHERE THE GENERATING STATION IS TO BE LOCATED.
32(4)    IF THE COMMISSION DETERMINES THAT AN APPLICATION FOR A
33 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MAY BE APPROVED UNDER
34 THIS SUBSECTION, THE COMMISSION SHALL IMPOSE CONDITIONS ON THE
35 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROTECT
36 ENVIRONMENTAL AND PUBLIC HEALTH.
  SENATE BILL 780  11
1SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
2 October 1, 2026.