§ 7-219

(a) (1) In this section the following words have the meanings indicated.

(2) “Energy storage device” has the meaning stated in § 7–216 of this subtitle.

(3) “Local jurisdiction” includes counties, municipal corporations, and other forms of local government.

(b) A person may not begin construction of a front–of–the–meter energy storage device unless the construction has been approved by the Commission in accordance with regulations adopted under this section.

(c) On receipt of an application for approval of the construction of a front–of–the–meter energy storage device under this section, the Commission shall provide immediate notice or require the applicant to provide immediate notice of the application to:

(1) the governing body of each county or municipal corporation in which any portion of the energy storage device is proposed to be constructed;

(2) the governing body of each county or municipal corporation within 1 mile of the proposed location of the energy storage device;

(3) each member of the General Assembly representing any part of a county in which any portion of the energy storage device is proposed to be constructed;

(4) each member of the General Assembly representing any part of a county within 1 mile of the proposed location of the energy storage device; and

(5) the affected communities that are within 1 mile of the proposed location of the energy storage device.

(d) When reviewing an application for approval under this section, the Commission shall:

(1) if the proposed location of the front–of–the–meter energy storage device is in an area considered to be overburdened and underserved, as defined in § 1–701 of the Environment Article, require the applicant to hold at least two public meetings in the community where the energy storage device is to be located; and

(2) exempt a front–of–the–meter energy storage device that is located within the boundaries of an existing electricity generating station from the meeting requirements of this subsection.

(e) (1) An owner of a proposed front–of–the–meter energy storage device that will not be constructed at a commercial or industrial location:

(i) 1. shall provide nonbarbed wire fencing:

A. around the energy storage device; and

B. that is not more than 20 feet in height; and

2. may use barbed wire fencing around the substations or other critical infrastructure for protection of that infrastructure; and

(ii) shall provide for a landscaping buffer or vegetative screening if required by the local jurisdiction.

(2) A local jurisdiction may not require the use of a berm for a front–of–the–meter energy storage device approved under this section.

(3) The buffer required in paragraph (1)(ii) of this subsection shall:

(i) be not more than 25 feet in depth; and

(ii) provide for four–season visual screening of the front–of–the–meter energy storage device.

(4) With respect to the site on which a front–of–the–meter energy storage device is proposed for construction, the owner of the energy storage device:

(i) shall minimize grading to the maximum extent possible;

(ii) may not remove topsoil from the parcel, but may move or temporarily stockpile topsoil for grading; and

(iii) may not use herbicides except to control invasive species in compliance with the Department of Agriculture’s weed control program.

(f) (1) A local jurisdiction may not:

(i) adopt zoning laws or other laws or regulations that prohibit the construction or operation of front–of–the–meter energy storage devices; or

(ii) deny site development plans for front–of–the–meter energy storage devices that meet the requirements of subsection (e) of this section.

(2) A local jurisdiction shall:

(i) expedite the review and approval of site development plans for front–of–the–meter energy storage devices if those plans meet the requirements of this section; and

(ii) adopt standard processes for the review and approval of site development plans for the construction of front–of–the–meter energy storage devices.

(g) The Commission may waive or modify the requirements under subsections (c), (d), and (e) of this section for good cause.

(h) The Commission shall adopt regulations to carry out this section.