Maryland Renewable Portfolio Standard
Wind Power Credits and Standards

Extra Credit for Wind:

   4  	(D)	(1)	THIS SUBSECTION APPLIES ONLY TO A GENERATING FACILITY THAT
   5  IS PLACED IN SERVICE ON OR AFTER JANUARY 1, 2004.

   6  		(2)	(I)	ON OR BEFORE DECEMBER 31, 2005, AN ELECTRICITY SUPPLIER
   7  SHALL RECEIVE 120% CREDIT TOWARD MEETING THE RENEWABLE ENERGY
   8  PORTFOLIO STANDARD FOR ENERGY DERIVED FROM WIND.

   9  			(II)	AFTER DECEMBER 31, 2005, AND ON OR BEFORE DECEMBER 31,
  10  2008, AN ELECTRICITY SUPPLIER SHALL RECEIVE 110% CREDIT TOWARD MEETING
  11  THE RENEWABLE ENERGY PORTFOLIO STANDARD FOR ENERGY DERIVED FROM
  12  WIND.

Development of Wind Siting Standards

   1  	(a)	(1)	On or before October 1, 2004, the Public Service Commission shall
   2  establish a technical advisory group to develop recommendations on siting,
   3  operational, and monitoring criteria for wind-powered electricity generating facilities
   4  relating to avian and bat issues.

   5  		(2)	The technical advisory group shall include the following members:

   6  			(i)	two biologists who are professionally recognized for their
   7  expertise in avian issues and behavior, including one from the Department of Natural
   8  Resources;

   9  			(ii)	two representatives of wind energy companies;

  10  			(iii)	one representative of an electricity transmission company or
  11  other individual with interest and experience in siting and interconnection of
  12  electricity transmission facilities with generating facilities;

  13  			(iv)	two representatives of environmental groups; and

  14  			(v)	one representative of the Commission.

  15  		(3)	The technical advisory group shall study and make recommendations
  16  on:

  17  			(i)	standards that will avoid or minimize impacts on birds and bats
  18  from the construction and operation of wind-energy generating facilities;

  19  			(ii)	a tiered system of standards that vary with the size of the
  20  wind-energy generating facility and the associated generating capacity;

  21  			(iii)	additional assessments of avian and bat populations and
  22  behavior that may be needed before issuance of a certificate of public convenience and
  23  necessity beyond those needed for other types of generating facilities, if any;

  24  			(iv)	additional monitoring studies of avian and bat populations and
  25  behavior during and after construction of a facility; and

  26  			(v)	mitigation appropriate to address any impact on avian and bat
  27  populations above a threshold level to be included in the certificate of public
  28  convenience and necessity for a wind-powered electricity generating facility.

  29  		(4)	In conducting its study, the technical advisory group shall consider
  30  guidelines for siting, operation, and avoidance and mitigation of avian impacts under
  31  development by the United States Fish and Wildlife Service and by other states.

  32  		(5)	The Power Plant Research Program of the Department of Natural
  33  Resources shall assist the technical advisory group in its study and the development
  34  of recommendations.

  35  		(6)	On or before June 1, 2005, the technical advisory group shall report
  36  its recommendations to the Commission.
 

20						HOUSE BILL 1308 

   1  		(7)	(i)	On or before July 1, 2006, the Commission shall adopt
   2  regulations for wind-powered electricity generating facility siting taking into
   3  consideration the recommendations of the technical advisory group.

   4  			(ii)	The regulations may not apply to any wind-powered electricity
   5  generating facility for which an application for a certificate of public convenience and
   6  necessity has been submitted to the Commission before the effective date of the
   7  regulations.

   8  	(b)	The General Assembly strongly encourages:

   9  		(1)	the Public Service Commission to exempt from siting, operational,
  10  and monitoring requirements wind-energy generating facilities that involve only
  11  small turbines for residential, agricultural, and small business use, including
  12  facilities installed for net-energy metering;

  13  		(2)	developers of commercial wind-energy generating facilities that
  14  involve more than 10 turbines to:

  15  			(i)	conduct at least 1 year of site evaluation, using state-of-the-art
  16  techniques, both for the potential for direct mortality of avian species and for impacts
  17  from fragmentation and loss of forest and other affected habitat; and

  18  			(ii)	provide the results of the evaluation to the Commission for
  19  review in connection with proceedings for the issuance of a certificate of public
  20  convenience and necessity;

  21  		(3)	developers of commercial wind-energy generating facilities that
  22  involve 10 or fewer turbines to:

  23  			(i)	conduct a shorter-term site evaluation both for the potential for
  24  direct mortality of avian species and for impacts from fragmentation and loss of forest
  25  and other affected habitat; and

  26  			(ii)	provide the results of the evaluation to the Commission for
  27  review in connection with proceedings for the issuance of a certificate of public
  28  convenience and necessity; and

  29  		(4)	developers of all commercial wind-energy generating facilities to:

  30  			(i)	conduct post-construction avian mortality studies of the impact
  31  of facility operation; and

  32  			(ii)	provide copies to the Commission and, while it exists, to the
  33  technical advisory group.



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