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233733Energy Storage
Renewable Energy Certainty Act
The Renewable Energy Certainty Act (Act) codified as Public Utilities Article (PUA) §7–219., Annotated Code of Maryland makes changes to various processes and procedures associated with energy storage devices, including stipulating that a person may not begin construction of a front-of-the-meter energy storage device unless the construction has been approved by the Commission. The Act was approved by the Governor on May 20, 2025, and is effective on July 1, 2025.
Notification requirements in the Act include requirements for an applicant for construction approval to to provide immediate notice of the application to certain governing bodies, members of the general assembly and affected communities that are within 1 mile of the proposed location of the energy storage device. In addition, 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, unless exempted as described in the Act. In addition, there are site requirements specified in the Act if the proposed front–of–the–meter energy storage device will not be constructed at a commercial or industrial location. Finally, the Commission may waive or modify the requirements in the Act for good cause.
To implement the Act’s approval requirements, the Commission has developed an application form to facilitate the Commission’s construction approval process in addition to waiver requests. The Commission has also docketed a RM85 rulemaking proceeding to further consider energy storage device approvals, among other things. In addition to the Act’s requirements, the Commission has established safety requirements in RM85 that if applicable, an energy storage device shall adhere to the design, construction, operation and maintenance standards in the latest version of National Fire Protection Association (NFPA) 855 Standard for the Installation of Stationary Energy Storage Systems, among other things. RM85 proposed regulations were approved by the Commission on February 5, 2025, but RM85 is currently being revisited to incorporate the Act’s requirements.
Regarding the approval process, unless an energy storage project requires a Certificate of Convenience and Necessity (CPCN) for some solar+storage projects, there are 3 pathways for front-of-the-meter energy storage device approvals:
- The Commission’s Consent Agenda (generally for smaller uncomplicated projects and
waiver requests with no opposition) - The Commission’s Administrative Agenda (the normal pathway)
- A Docketed Case (generally energy storage devices greater than or equal to 20 MWh AC)
Once an applicant files an application to construct or requests a waiver the matter will either be scheduled on an Administrative Agenda unless a Commission Case is docketed. Commission Technical Staff (Staff) will typically review the application/ waiver request and provide a link to its recommendations when the agenda for the Administrative hearing is published, which is usually by close of business (COB) on Thursday for the following week’s Wednesday Administrative hearing. Typically, the State Agencies and other stakeholders wait for Staff’s recommendation to be published before filing their comments which have to be filed by COB on the Monday before the Wednesday Administrative hearing. Staff will usually reach out to an applicant if there are concerns with a filing beforehand to provide an opportunity for curing an application. Consent Agenda item approvals are handled expeditiously by the Commission, often with limited or no discussion other than voting on a motion to approve. Items on the regular Administrative Agenda follow the Consent agenda and these are lengthier discussions, where there may be opposition. Applicants with items on the administrative agenda are expected to attend the administrative meeting in-person to answer Commission questions.
The application for front-of-the-meter energy storage device approval can be obtained from the following link. If the applicant has any questions regarding this process, please email Staff at psc.energystoragestaff@maryland.gov for guidance.
Finally, the Case No. 9715 docket has more information regarding the Maryland Energy Storage Program Workgroup which has a subteam developing the RM85 regulations. If you are interested in joining this workgroup please contact Anna Craggs at anna@epdiusa.org.
