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From Order 9100 e in the Maryland Public Service Commission’s revisions to COMAR 20.62 – Community Solar Energy Generation Systems: 

[ *** ] The Commission is persuaded that good cause exists to issue a limited market-wide waiver of COMAR 20.62.03.08A, applicable only to applications for potential Permanent Program projects that meet the revised co-location requirements of PUA § 7-306.2, as determined by Staff, for the limited purpose of applying for interconnection approval. 

In so finding, the Commission notes that presently the application process for interconnection approval with Staff and the utilities can take several months and that there is expected to be high application volume as the Commission transitions from the Pilot Program to the Permanent Program. A limited waiver will help alleviate a possible application bottleneck, conserve Commission and utility resources, and enable the Permanent Program to better meet the timelines envisioned by the legislature and further the State’s renewable energy goals. It will also further the State’s policy of encouraging solar development on preferred properties.

Staff is directed to bring to the Commission’s attention any project applications affected by this waiver that, in Staff’s view, require individualized Commission attention. This waiver shall continue to apply to individual projects only so long as those projects, with any modifications, continue to meet the requirements for projects contained in Maryland Annotated Code, Public Utilities Article § 7-306.2 as amended by HB908. This waiver shall end upon the final adoption of any future revisions to COMAR 20.62.03.08. Any projects benefiting from this waiver shall be subject to all new COMAR requirements in such revision, and if requested by Staff, the project applicant shall provide all documentation that would have been required had their application been made subsequent to the adoption of those revised regulations.

The Commission anticipates that the period of this waiver will be brief as the Commission and stakeholders are working expeditiously toward a revision of the community solar regulations, which will trigger the initiation of the Permanent Program. The Commission issued a Notice of Rulemaking Session and request for comment on revisions to COMAR 20.62 and 20.50.09.06 on March 28, 2024. That proceeding is docketed as RM56. The Commission will hold a rulemaking session on May 15, 2024. If the Commission approves new regulations, they will be published in the Maryland Register for notice and comment. [ *** ]