On Sine Die, the House added provisions to the Brighter Tomorrow Act mandating counties to adopt specific solar permitting software. Ultimately, this version passed both chambers and was signed by the Governor.
During the 2024 legislative session, the topic of solar siting drew much conversation, with several consequential pieces of legislation being debated but ultimately failing. The one solar bill that did pass was the Brighter Tomorrow Act (SB783/HB1435). The bulk of this bill covered financial incentives to promote solar energy development. One provision amended in on Sine Die mandates counties and municipalities to adopt permitting software for residential solar energy systems. This provision represented a significantly paired-down version of HB1265/SB1054, which would have, among other things, created a single source procurement for Solar APP+.
Mandate within Brighter Tomorrow
The bill requires all counties, by August 1st, 2025, to adopt,
SOLAR PERMITTING SOFTWARE FOR FEATURES SUPPORTING THE TRACKING AND APPROVAL OF RESIDENTIAL BUILDING PERMITS FOR:
(1) RESIDENTIAL SOLAR ENERGY SYSTEMS;
(2) RESIDENTIAL ENERGY STORAGE SYSTEMS;
(3) MAIN ELECTRIC PANEL UPGRADES; AND
(4) MAIN ELECTRIC PANEL DERATES.
The bill defines “solar permitting software” as,
(I) THE MOST RECENT VERSION OF A WEB–BASED PLATFORM, DEVELOPED BY THE NATIONAL RENEWABLE ENERGY LABORATORY, THAT PROVIDES A STANDARD PORTAL FOR RECEIVING AND PROCESSING RESIDENTIAL SOLAR ENERGY SYSTEM AND RESIDENTIAL ENERGY STORAGE SYSTEM PERMIT INFORMATION; OR
(II) AUTOMATED SOFTWARE THAT FUNCTIONS TO SUPPORT THE TRACKING AND APPROVAL OF RESIDENTIAL BUILDING PERMITS FOR RESIDENTIAL SOLAR ENERGY SYSTEMS, RESIDENTIAL ENERGY STORAGE SYSTEMS, MAIN ELECTRICAL PANEL UPGRADES, AND MAIN ELECTRICAL PANEL DEVICE
Counties are exempt from adopting the software so long as they do not require a permit for residential rooftop solar or if the permitting software is no longer being updated (as determined by the administration). Additionally, the Maryland Energy Administration (MEA) is required to suspend or delay the mandated adoption if there are insufficient funds to support a county or municipality in adopting such software.
Implementation of Mandated Adoption
As part of the federal government’s push for renewable energy, MEA has been awarded approximately $4.48 million to cover the necessary costs for local governments to adopt Solar APP+ (an application developed by the National Renewable Energy Laboratory and private partners). The application should be free for counties to implement and compliant with the requirements under the legislation. The administration estimates that the $4.48 million award should be enough to fund all counties and impacted municipalities based on adoption data and figures from other states.
Should a county wish to adopt software other than Solar APP+, it could seek an alternative vendor so long as it meets the requirements under 1–1319; (B)(5)(II) (see II in the quoated text above).
Read the full Brighter Tomorrow Act.
