MD HB1406

Applicants for certificates of public convenience and necessity (CPCN) for generating stations, overhead transmission lines, or qualified generator lead lines must submit an initial environmental impact analysis and, if applicable, an existing burden report for at-risk census tracts (those at or above the 75th percentile on the Maryland EJ Tool)

The existing burden report must document pollution sources, air pollutant concentrations, traffic volume, noise levels, lead exposure risks, contaminated water supplies, proximity to waste facilities, and projected health impacts on affected communities within a 1.5-mile radius of at-risk census tracts

The Public Service Commission cannot approve a CPCN if the project would cause or contribute to increased adverse environmental and public health impacts in at-risk census tracts, unless the applicant demonstrates the project serves an essential community need with no reasonable alternative

Conditional CPCN approval requires applicants to enter into a cumulative impacts mitigation fund agreement with community-based organizations, establishing ongoing monetary payments for the life of the project that benefit all residents in affected at-risk census tracts

Effective date is July 1, 2025