MACo Legal & Policy Counsel Les Knapp testified with Caroline County Planner Kathleen Freeman to the House Economic Matters Committee on March 5, 2020 to oppose HB 1390 – Certificate of Public Convenience and Necessity – Electric Facilities –
Study and Procedures.
The bill would: (1) remove current incentives for energy developers seeking a Certificate of Public Convenience and Necessity (CPCN) from the Public Service Commission (PSC) to follow local zoning and land use requirements; (2) require the creation of illogical “one-size-fits-all” setback and buffering requirements for energy projects; and (3) apply vague and unnecessary prohibitions against local governments regarding the withholding or delay of site plan or permit approvals for energy projects.
From the MACo Testimony:
HB 1390 contains provisions that would undermine the role of local land use, as established by the General Assembly in 2017, in the siting of energy generation facilities; create illogical setback and buffering requirements; establish vague and unnecessary local site-plan and permit restrictions; and upend the current relationship between local governments and the PSC. Accordingly, MACo requests the Committee give HB 1390 an UNFAVORABLE report.
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