(a) In this section, “energy storage device” has the meaning stated in § 7–216 of this subtitle.
(b) (1) The General Assembly finds and declares that the State has a goal of reaching at least 150 megawatts of distribution–connected front–of–the–meter energy storage devices.
(2) On or before July 1, 2025, and on or before July 1, 2026, the Commission shall notify each investor–owned electric company of its proportion of the goal established under this subsection, based on:
(i) the electric company’s service load; or
(ii) other criteria established by the Commission.
(c) (1) On or before November 1, 2025, the Commission shall require each investor–owned electric company to submit a plan to achieve up to one–third of the proportion of distribution–connected front–of–the–meter energy storage devices necessary to reach the electric company’s apportionment of the goal stated in subsection (b) of this section.
(2) On or before November 1, 2026, the Commission shall require each investor–owned electric company to submit a plan for the balance of the proportion of distribution–connected front–of–the–meter energy storage devices necessary to reach the electric company’s apportionment of the goal stated in subsection (b) of this section.
(3) On or before May 1, 2026, for plans submitted in accordance with paragraph (1) of this subsection, and on or before May 1, 2027, for plans submitted in accordance with paragraph (2) of this subsection, the Commission shall:
(i) evaluate each plan;
(ii) accept public comments on each plan; and
(iii) issue an order for each plan that:
1. approves the plan;
2. approves the plan with modifications that the Commission considers necessary; or
3. rejects the plan, with an explanation of the reasons for the rejection.
(4) The energy storage devices constructed or procured under each plan shall include a combination of devices owned by the investor–owned electric company and devices owned by a third party, with a goal of 30% of the devices being owned by a third party.
(5) (i) The energy storage devices that are constructed or procured under a plan submitted by November 1, 2025, shall be operational by November 1, 2027.
(ii) The energy storage devices that are constructed or procured under a plan submitted by November 1, 2026, shall be operational by November 1, 2028.
(iii) The Commission may extend a deadline under this paragraph for good cause.
(d) The Commission shall require each plan to demonstrate that the construction or procurement of each energy storage device:
(1) is cost–effective in consideration of a cost–benefit analysis, including a demonstration of any:
(i) avoided or delayed transmission, distribution, and generation costs; and
(ii) avoided emissions in the short term and projected emissions in the long term, measured using the social cost of carbon, as determined by the U.S. Environmental Protection Agency as of January 1, 2025;
(2) can be completed within 18 months after the plan is approved; and
(3) complies with any other factors determined by the Commission.
(e) (1) A developer of a third–party–owned energy storage device constructed in accordance with this section shall ensure that workers are paid not less than the prevailing wage rate determined under Title 17, Subtitle 2 of the State Finance and Procurement Article.
(2) An energy storage device constructed and owned by an electric company shall be constructed by:
(i) employees of the electric company; or
(ii) contractors that shall ensure that workers constructing the energy storage device are paid not less than the prevailing wage rate determined under Title 17, Subtitle 2 of the State Finance and Procurement Article.
(3) (i) An investor–owned electric company shall operate and maintain energy storage devices installed by the electric company in accordance with this section.
(ii) In performing the maintenance and operations required under subparagraph (i) of this paragraph, an investor–owned electric company shall meet with the employee bargaining unit’s labor representative and confer in good faith regarding the viability of:
1. allocating maintenance and operations work to current bargaining unit employees;
2. training current bargaining unit employees to perform maintenance and operations work;
3. hiring qualified individuals to perform maintenance and operation work;
4. training newly hired individuals to perform maintenance and operations work; and
5. maintaining and operating storage devices in accordance with paragraph (4) of this subsection.
(4) (i) Subject to subparagraph (ii) of this paragraph, an investor–owned electric company may contract any work under this section not conducted by the company’s employee bargaining unit to a qualified contractor.
(ii) An investor–owned electric company shall require a contractor or subcontractor on a project under this section to:
1. pay the area prevailing wage rate determined by the Commissioner of Labor and Industry, including wages and fringe benefits; and
2. offer health care and retirement benefits to the employees working on the project.
(f) (1) Each energy storage project constructed in accordance with this section shall include a proposed decommissioning plan.
(2) The proposed decommissioning plan shall include a plan to maximize the recycling or reuse of all qualifying components of each energy storage device.
(3) The owner or operator of an energy storage device may submit a revised recycling and reuse plan that incorporates emerging recycling and reuse opportunities up to 1 year before executing the decommissioning plan.