Solar Energy - Distributed Generation Certificate of Public Convenience and Necessity, Ground-Mounted Solar, and Small Solar Siting Workgroup
HB827 creates a new state permitting pathway for certain distributed solar projects by establishing a “distributed generation certificate of public convenience and necessity” (DGCPCN). The bill applies to community solar energy generating systems that would otherwise need a traditional CPCN, have a capacity greater than 2 megawatts and up to 5 megawatts alternating current, and are not located within a municipal corporation. Under the bill, the Power Plant Research Program must develop proposed statewide siting and design requirements and licensing conditions by July 1, 2026, and the Public Service Commission must adopt implementing regulations by July 1, 2027. A project that meets those standards may receive a DGCPCN, which has the same force and effect as a standard CPCN.
The bill also limits local control over smaller ground-mounted solar facilities. It prohibits counties from enacting zoning laws or regulations that restrict or prohibit ground-mounted solar systems and facilities with capacities up to 2 megawatts alternating current. In addition, it creates a Small Solar Siting Workgroup to study best practices and recommend statewide model policies for solar systems up to 2 megawatts, including setbacks, screening, incentives for brownfields and parking lots, agrivoltaics, and other standardization measures. The workgroup must issue an interim report by December 1, 2025, and a final report by December 1, 2026.
HB827 would amend the Public Utilities Article to add the DGCPCN process and to exempt qualifying distributed solar projects from the existing CPCN requirement under § 7-207, while still requiring local permits such as site plan approval, stormwater management, erosion and sediment control, and building and electrical permits. It also amends the Natural Resources Article to ensure the Department of Natural Resources and the Department of the Environment are notified of relevant CPCN applications. The bill is structured as a temporary policy experiment in part: the county zoning preemption and the workgroup provisions sunset after two years, on June 30, 2027.
The overall sentiment in the available record appears supportive of expanding solar development and streamlining permitting, with the bill’s findings emphasizing climate goals, renewable energy targets, and greenhouse gas reductions. The text reflects a policy preference for standardized statewide siting rules over a patchwork of local requirements, especially for community solar and other distributed projects. No committee transcripts or recorded votes were provided, so there is no direct evidence of opposition or support from legislators in the available materials.
The main points of potential contention are local zoning authority, farmland and forest preservation, and the balance between faster solar deployment and community or environmental review. The bill expressly tries to address those concerns by requiring consideration of setbacks, screening, stormwater, erosion control, historic sites, and limits on forest clearing, while also preserving local permitting roles. The inclusion of a sunset and a workgroup suggests the bill is intended to test a more standardized approach while gathering additional policy recommendations for smaller solar projects.
HB827 would create a new statutory permitting category in the Public Utilities Article for certain distributed solar projects and would modify existing CPCN rules so qualifying projects can proceed under a DGCPCN instead of the traditional certificate process. It would also preempt county zoning laws for ground-mounted solar systems up to 2 MW AC, require the PSC and Power Plant Research Program to develop statewide standards, and preserve local review for specified permits and approvals. The bill would therefore shift significant siting authority from local governments to the State for covered solar projects, while leaving local permitting and environmental compliance requirements in place.
The bill’s stated purpose and structure indicate a generally pro-solar, pro-streamlining sentiment, with emphasis on meeting renewable energy and climate targets and reducing permitting inconsistency across jurisdictions. The available record contains no committee testimony or vote data, so there is no documented opposition or amendment debate in the materials provided. Based on the text alone, the bill appears designed to balance solar expansion with environmental safeguards and local permitting roles.
The likely areas of contention are county zoning preemption, the scope of state authority over solar siting, and whether the bill sufficiently protects farmland, forests, and local land-use interests. Counties and local governments may object to being barred from restricting smaller ground-mounted solar systems, while solar developers and clean energy advocates are likely to support the streamlined DGCPCN process. Environmental and agricultural stakeholders may focus on forest clearing, stormwater, and the placement of solar on agricultural land versus brownfields or other non-agricultural sites. The bill attempts to address these concerns through statewide standards, required public comment, and a temporary workgroup to study best practices.