Md. Code Regs. 20.79.01.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 20.79.01.02 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Aesthetic site" means a site whose aesthetic nature is:

(a) Of general public interest; or

(b) Officially recognized by a local, state, or federal agency charged with responsibility to oversee the protection of the environment.

(2) "Affected community" means the residential individuals, organizations, and other entities residing:

(a) Within a 1-mile radius of a proposed electric generating station fence line for an urban area, as defined by the Census Bureau in 76 Federal Register 53030 and 53043 (August 24, 2011); and

(b) Within a 3-mile radius of the proposed electric generating station fence line for a rural area, as defined by the Census Bureau in 76 Federal Register 53030 and 53043 (August 24, 2011).

(3) "Agrivoltaics" means co-development of the same area of land for both the solar generation of electricity and conventional agriculture, including but not limited to animal grazing and growing shade-tolerant crops.

(4) "Applicant" means a person applying for:

(a) A Certificate of Public Convenience and Necessity to:

(i) Construct or modify an electric generating station, including its associated transmission line, if applicable;

(ii) Construct a qualified generator lead line; or

(iii) Construct or modify a transmission line; or

(b) An exemption from the requirement to obtain a Certificate of Public Convenience and Necessity to construct a generating station.

(5) "Application" means a request for:

(a) A Certificate of Public Convenience and Necessity under Public Utilities Article, §§ 7-207 and 7-208, Annotated Code of Maryland, for the construction of an electric generating station including its associated transmission line, if applicable, a qualified generator lead line, or a transmission line;

(b) A Certificate of Public Convenience and Necessity and any other approvals necessary under Public Utilities Article, §§ 7-205, 7-206, 7-207, or 7-208, Annotated Code of Maryland, to begin a modification to an electric generating station or an existing transmission line; or

(c) An exemption from the requirement to obtain a Certificate of Public Convenience and Necessity for the construction of a generating station under Public Utility Companies Article, §7-207.1, Annotated Code of Maryland.

(6) "Approval" as used in Public Utilities Article, §7-205, Annotated Code of Maryland, means a Certificate of Public Convenience and Necessity issued under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland.

(7) "Archeological site" means a site yielding artifacts, structural remains, or evidence of occupation or use from 50 or more years ago, as designated by the Maryland Historical Trust, by the State Archeologist for the Maryland Geological Survey, or by another agency or government unit with responsibility for archeological sites.

(8) "Associated transmission line" means a transmission line that is necessary to transport the electric output of the generating station to the electric system.

(9) "Brownfields site" has the meaning stated in Public Utilities Article, § 7-207(a)(2)(i) -(iii), Annotated Code of Maryland.

(10) Commence.

(a) "Commence" means, with respect to a modification and in general, initiation of physical on-site construction activities that are of a permanent nature, including installing building supports and foundations, laying of underground pipework, and constructing permanent storage structures.

(b) "Commence" means, with respect to a change in the method of operation, those on-site activities, other than preparatory activities, that mark the initiation of the change.

(11) "Community liaison officer" refers to an individual designated by the applicant to communicate information and coordinate activities between the applicant and the affected communities, and with whom members of the public can raise questions or concerns about the proposed project.

(12) "Complete application" means an application for a Certificate of Public Convenience and Necessity for the construction of a generating station or an overhead transmission line, or an application for the modification to an existing electric generating station or transmission line that meets the requirements specified in Regulation .06 of this chapter.

(13) Concept Plan.

(a) "Concept plan" means a conceptual site plan presenting the type and arrangement of a proposed facility and its components to be located on a site.

(b) "Concept plan" includes the information necessary under COMAR 20.79.03.01 to allow an initial evaluation of a proposed project.

(14) Construction.

(a) "Construction" has the meaning stated in Public Utilities Article, §7-207, Annotated Code of Maryland.

(b) "Construction" does not mean:

(i) A change needed for temporary use of a site or a route for a nonutility purpose or for use in securing geologicl data, including borings necessary to ascertain foundation conditions; or

(ii) The installation of visual buffering, including vegetative screening and fencing.

(15) "Critical Area" has the meaning stated in COMAR 27.01.01.01.

(16) "Demand" means the rate of consumption of electricity.

(17) "EJSCREEN" means the U.S. Environmental Protection Agency environmental justice screening and mapping tool.

(18) "EJSCREEN ACS Report" means a printable report using the EJSCREEN tool and generated with demographic data from the U.S. Census Bureau American Community Survey, which include demographic indicators for race/ethnicity, poverty, age, educational level, and language barriers.

(19) "EJSCREEN Standard Report" means a printable report using the EJSCREEN tool that displays the environmental and demographic indicators and indexes for the area selected.

(20) "Electric company" has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(21) "Environmental review document" means a written document submitted as part of an application for a Certificate of Public Convenience and Necessity, containing the information required pursuant to COMAR 20.79.03, including the applicant's analysis of the project's potential environmental and socioeconomic impacts.

(22) "Forest" has the meaning stated in Natural Resources Article, § 5-1601, Annotated Code of Maryland.

(23) Generating Station.

(a) "Generating station" means property or facilities located in Maryland constituting an integral plant or generating unit for the production of electric energy, including any new production unit that would be added to an existing production plant.

(b) "Generating station" does not include an integral plant or generating unit less than or equal to 2,000 kilowatts if it is installed with equipment that prevents the flow of electricity to the electric system during time periods when the electric system is out of service.

(24) "Generating unit" means the component of a generating station that produces electrical energy and contains:

(a) A separate electrical isolation device to prevent the flow of electricity when required for operation or maintenance;

(b) A separate energy measurement meter;

(c) A separate inverter, if applicable; and

(d) The ability to be operated in an independent manner from other generating units.

(25) "Historic site" means a site registered by the:

(a) Maryland Historical Trust;

(b) National Register of Historic Places;

(c) National Register of Natural Landmarks;

(d) Register of National Historic Landmarks; or

(e) National Trust for Historic Preservation.

(26) "Linear facilities" means ancillary components of a generating station that may have environmental or land use impacts in Maryland, including:

(a) A pipeline for the delivery of fuel or cooling water; and

(b) An associated transmission line or qualified generator lead line.

(27) "Lot coverage" has the meaning stated in Natural Resources Article, § 8-1802(a), Annotated Code of Maryland.

(28) Modification.

(a) "Modification" to an electric generating station has the meaning stated in Public Utilities Article, §7-205, Annotated Code of Maryland.

(b) "Modification" to an existing transmission line means:

(i) Obtaining new real property or additional rights-of-way through eminent domain; or

(ii) Construction requiring larger or higher structures to accommodate increased voltage or larger conductors.

(c) "Modification" includes any clean air modification under Public Utilities Article, §7-206, Annotated Code of Maryland.

(29) "On-site generated electricity" has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(30) "Person" has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland.

(31) "Person-years of employment" means a unit of measure for the amount of work performed by one person working full-time for 1 year.

(32) "Plan" means a comprehensive and interrelated set of actions for meeting forecasted electric demand for the 10-year period from the date of the application.

(33) "Prime farmland" means those lands which are defined by the Secretary of the United States Department of Agriculture in 7 CFR § 657.5 and which have historically been used for cropland.

(34) "Project" means a proposed generating station, including linear facilities, existing generating station modification, qualified generator lead line, transmission line, or existing transmission line modification.

(35) "Public airport" includes a privately owned airport as defined in Public Utilities Article, §7-207, Annotated Code of Maryland.

(36) "Qualified generator lead line" has the meaning stated in Public Utilities Article, § 7-207(a)(2)(iv), Annotated Code of Maryland.

(37) "Qualifying generating station" means a proposed fossil fuel generating station, as generating station is defined under this subtitle, that is over 70 megawatts in nameplate capacity and subject to the requirements under Public Utilities Article, §§ 7-207 and 7-208, Annotated Code of Maryland.

(38) "Regulated pollutant" means:

(a) Any pollutant for which a federal or the State ambient air quality standard has been promulgated, and any identified constituent or precursor pollutants regulated under an ambient air quality standard;

(b) Any pollutant that is subject to any standard promulgated under 42 U.S.C. § 7411;

(c) Any Class I or Class II substance that is subject to a standard promulgated under Title VI of the Clean Air Act, 42 U.S.C. § 7671 et seq.;

(d) Any other pollutant that is otherwise subject to regulation under the Clean Air Act, 42 U.SC. § 7401 et seq. or Environment Article, Title 2, Annotated Code of Maryland, except that any or all hazardous air pollutants either listed in 42 U.S.C. § 7412 or added to the list under 42 U.S.C. § 7412(b) are not regulated pollutants unless the listed hazardous air pollutant is also regulated as a constituent precursor of a general pollutant listed under 42 U.S.C. § 7408; or

(e) Regulated discharges under the Federal Water Pollution Control Act (the Clean Water Act), 33 U.S.C. §§ 1251 - 1387 or Environment Article, Titles 5 and 16, Annotated Code of Maryland.

(39) "Transmission line" means property or facilities constructed in Maryland as an overhead transmission line designed to carry a voltage in excess of 69,000 volts.

Md. Code Regs. 20.79.01.02

Regulation .02B amended effective November 7, 2005 (32:22 Md. R. 1758)
Regulation .02B amended effective March 18, 2013 (40:5 Md. R. 412)
Regulation .02 amended effective 42:3 Md. R. 318, eff.2/16/2015; amended effective 47:24 Md. R. 1034, eff. 11/30/2020; amended effective 48:18 Md. R. 693, eff. 9/6/2021