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Maryland Legislators Propose Raising State’s Renewable Portfolio Standard to 50%

Maryland legislators recently introduced a bill that would double the state’s renewable portfolio standard ("RPS") targets and create significant incentives for solar and offshore wind. 

Maryland’s current RPS requires that state electricity suppliers generate 20.4% of the state’s energy from renewable sources, including at least 1.95% being derived from solar energy and 2.5% from offshore wind energy. The current RPS is set to increase to require 25% renewable energy sources in 2020, with 2.5% coming from solar and 2.5% coming from offshore wind projects. If enacted, the Maryland Clean Energy Jobs Act of 2019 (S.B. 516) would double that target and require 50% of Maryland’s energy supply to come from renewable energy sources by 2030, with at least 14.5% coming from solar and at least 1,200 megawatts coming from new offshore wind projects ("Round 2 Offshore Wind Projects"). 

The legislation also calls for a study of the impacts of the revised renewable portfolio standards, including the feasibility of increasing the RPS to 100% renewable energy sources by 2040. If passed, the legislation will also:

  • Establish new criteria for qualified offshore wind projects, open up additional application periods for future offshore wind projects less than 10 miles off the state coast (called “Round 2 Offshore Wind Projects”), and require the Public Service Commission to approve of projects with “net economic, environmental and health benefits to the state” that do not increase the net rate on average customers by specified amounts;
  • Fund small, minority, women and veteran-owned businesses in the state’s clean energy industry; and
  • Establish and fund the Clean Energy Workforce Account, a program designed to train individuals to work in the state’s clean energy industry.

The introduction of the Maryland Clean Energy Jobs Act of 2019 follows similar legislation introduced last year, which was supported by a large portion of the general assembly but failed to pass the House Economic Committee. The proposed legislation also comes two years after Governor Hogan vetoed the Maryland General Assembly’s adoption of the state’s current RPS, forcing a legislative override of his veto. According to the Maryland Clean Energy Jobs Initiative, this year’s bill has support from over 110 elected candidates, and Governor Hogan has recently expressed general support for Maryland further developing its renewable energy supplies, though he has not specifically endorsed S.B. 516.

As of March 20, the Maryland Senate had adopted the bill with several amendments, including a proposition to delete waste-to-energy and refuse-derived fuel from the list of Tier 1 renewable sources eligible for credit under the RPS. The bill is now under consideration by the Maryland House of Delegates.

© 2020 Beveridge & Diamond PC National Law Review, Volume IX, Number 86

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James M. Auslander Natural Resources & Project Development Attorney Beveridge & Diamond Washington, DC
Principal

James (Jamie) M. Auslander's legal practice focuses on project development, natural resources, and administrative law and litigation.

Mr. Auslander co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group, including its Energy Practice. He focuses on complex legal issues surrounding the development of oil and gas, hard rock minerals, renewable energy, and other natural resources on public lands onshore and on the Outer Continental Shelf. He frequently litigates appeals before federal courts and administrative bodies regarding rulemakings, permits...

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Brook Detterman Environmental Litigation Attorney Beveridge & Diamond Boston, MA
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Brook's practice focuses on climate change, renewable energy, and environmental litigation.

Brook helps his clients to navigate domestic and international climate change programs, develop renewable energy projects, and generate carbon offsets.  He helps his clients to negotiate, structure, and implement transactions related to carbon offsets and renewable energy, and works with clients during all phases of renewable energy and carbon offset project development.  Brook also represents clients during complex environmental litigation, having served as litigation and appellate counsel during dozens of proceedings in state and federal courts across the country. 

Prior to joining the firm, Brook was an associate in the environmental department of a large international law firm.

Brook served as a law clerk at the U.S. Department of Justice, Environment and Natural Resources Division, where he worked on a range of legal issues arising under federal environmental law, including Clean Water Act (CWA) wetlands jurisdiction, liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA) compliance, and National Environmental Policy Act (NEPA) requirements.

Brook also maintains an active pro bono practice, counseling individuals and non-profit entities on a range of legal matters in Massachusetts.

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Hilary T. Jacobs Environmental Litigation Attorney Beveridge & Diamond Washington, DC
Associate

Hilary maintains a general environmental litigation and regulatory practice, working with clients nationwide across industrial sectors.

She joined the Firm following her graduation from the University of Maryland Francis King Carey School of Law (UM Carey Law). 

While at UM Carey Law, Hilary served as a law clerk in the U.S. Environmental Protection Agency's Office of Enforcement and Compliance Assurance, Water Enforcement Division, and served as Articles Editor for the Maryland Law Review. She also worked in the University of Maryland’s Environmental Law Clinic to...

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