§7–207.1.

    (a)    In this section, “generating station” does not include:

        (1)    a generating unit or facility that:

            (i)    is used for the production of electricity;

            (ii)    has the capacity to produce not more than 2 megawatts of alternating current; and

            (iii)    is installed with equipment that prevents the flow of electricity to the electric grid during time periods when the electric grid is out of service;

        (2)    a combination of two or more generating units or facilities that:

            (i)    are used for the production of electricity from a solar photovoltaic system or an eligible customer–generator that is subject to the provisions of § 7–306 of this title;

            (ii)    are located on the same property or adjacent properties;

            (iii)    have the capacity to produce, when calculated cumulatively for all generating units or facilities on the property or adjacent property, more than 2 megawatts but not more than 14 megawatts of alternating current; and

            (iv)    for each individual generating unit or facility:

                1.    has the capacity to produce not more than 2 megawatts of alternating current;

                2.    is separately metered by the electric company; and

                3.    does not export electricity for sale on the wholesale market under an agreement with PJM Interconnection, LLC;

        (3)    a generating unit or facility that:

            (i)    is used for the production of electricity for the purpose of:

                1.    onsite emergency backup at a facility when service from the electric company is interrupted due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located; and

                2.    test and maintenance operations necessary to ensure functionality of the generating unit or facility in the event of a service interruption from the electric company due to electric distribution or transmission system failure or when there is equipment failure at a site where critical infrastructure is located;

            (ii)    is installed with equipment that prevents the flow of electricity to the electric grid;

            (iii)    is subject to a permit to construct issued by the Department of the Environment; and

            (iv)    is installed at a facility that is part of critical infrastructure if the facility complies with all applicable regulations regarding noise level and testing hours; or

        (4)    a combination of two or more generating units or facilities that satisfy item (3) of this subsection.

    (b)    This section applies to a person who:

        (1)    constructs a generating station:

            (i)    designed to provide on–site generated electricity if:

                1.    the capacity of the generating station does not exceed 70 megawatts; and

                2.    the electricity that may be exported for sale from the generating station to the electric system is sold only on the wholesale market pursuant to an interconnection, operation, and maintenance agreement with the local electric company; or

            (ii)    that produces electricity from wind if:

                1.    the generating station is land–based;

                2.    the capacity of the generating station does not exceed 70 megawatts;

                3.    the electricity that may be exported for sale from the generating station to the electric system is sold only on the wholesale market pursuant to an interconnection, operation, and maintenance agreement with the local electric company;

                4.    the Commission provides an opportunity for public comment at a public hearing as provided in subsection (g) of this section; and

                5.    the generating station’s wind turbines are not located within a distance from the Patuxent River Naval Air Station that is determined by regulations adopted by the Commission in coordination with the Commander, Naval Air Warfare Center Aircraft Division, provided that the distance requirement under the regulation is:

                A.    not greater than is necessary to encompass an area in which utility scale wind turbines could create Doppler radar interference for missions at the Patuxent River Naval Air Station;

                B.    not greater than 46 miles, measured from location 38.29667N, 76.37668W; and

                C.    subject to modification if necessary to reflect changes in missions or technology at the Patuxent River Naval Air Station or changes in wind energy technology; or

        (2)    constructs a generating station if:

            (i)    the capacity of the generating station does not exceed 25 megawatts;

            (ii)    the electricity that may be exported for sale from the generating station to the electric system is sold only on the wholesale market pursuant to an interconnection, operation, and maintenance agreement with the local electric company; and

            (iii)    at least 10% of the electricity generated at the generating station each year is consumed on–site.

    (c)    (1)    The Commission shall require a person that is exempted from the requirement to obtain a certificate of public convenience and necessity to obtain approval from the Commission under this section before the person may construct a generating station described in subsection (b) of this section.

        (2)    An application for approval under this section shall:

            (i)    be made to the Commission in writing on a form adopted by the Commission;

            (ii)    be verified by oath or affirmation; and

            (iii)    contain information that the Commission requires, including:

                1.    proof of compliance with all applicable requirements of the independent system operator; and

                2.    a copy of an interconnection, operation, and maintenance agreement between the generating station and the local electric company.

    (d)    On receipt of an application for approval under this section, the Commission shall provide notice immediately or require the applicant to provide notice immediately of the application to:

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

        (2)    the governing body of each county or municipal corporation within 1 mile of the proposed location of the generating station;

        (3)    each member of the General Assembly representing any part of a county in which any portion of the generating station is proposed to be constructed; and

        (4)    each member of the General Assembly representing any part of each county within 1 mile of the proposed location of the generating station.

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

        (1)    ensure the safety and reliability of the electric system;

        (2)    require the person constructing the generating station to notify the Commission 2 weeks before the first export of electricity from a generating station approved under this section; and

        (3)    conduct its review and approval in an expeditious manner.

    (f)    Except for the notice required under subsection (d) of this section, the Commission may waive an element of the approval process under this section if the Commission determines that the waiver is in the public interest.

    (g)    (1)    The Commission shall provide an opportunity for public comment and hold a public hearing as provided under this subsection on an application for approval made under subsection (b)(1)(ii) of this section in each county and municipal corporation in which any portion of the construction of a generating station is proposed to be located.

        (2)    Upon the request of the governing body of a county or municipal corporation in which any portion of the construction of a generating station is proposed to be located, the Commission shall hold the public hearing jointly with the governing body.

        (3)    Once in each of 2 successive weeks immediately before the hearing date, the Commission, at the expense of the applicant, shall provide weekly notice of the public hearing and opportunity for public comment by advertisement in a newspaper of general circulation in the county or municipal corporation affected by the application.