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Maryland Senate Bill 780 requires environmental justice BURDEN reports for power plant applications in at-risk areas

Original title: Certificate of Public Convenience and Necessity - BURDEN Analysis (CHERISH Our Communities Act)

Last action · February 11, 2026: Hearing 3/03 at 1:00 p.m.Sponsor: Ben Brooks

Companion · HB 1287same policy, House version
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Maryland SB 780 requires applicants for certain power-generating stations proposed within overburdened or s to submit a comprehensive baseline understanding of risk, disparities, and environmental needs (BURDEN) report. The Public Service Commission must deny the application if the facility will contribute to adverse environmental or public health stressors higher than those borne elsewhere in the State, unless the applicant demonstrates a compelling local public interest.

Why it matters

Communities facing high environmental and health burdens will gain formal evaluation of cumulative pollution impacts before new power plants can be built nearby, affecting whether proposed industrial energy projects are approved, denied, or subjected to strict protective conditions.

Background
  • The Public Service Commission is the independent state agency that regulates public utilities and electric companies in Maryland. context
  • Certificates of public convenience and necessity are required under Maryland law before any new electrical generating station or major transmission line can be constructed. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Residents of at-risk census tracts

Residents living near proposed generating stations will have cumulative environmental health burdens formally evaluated and factored into state siting decisions.

Directly affected

Power plant developers and operators

Developers proposing non-renewable generating stations in at-risk areas must prepare detailed BURDEN reports and risk application denials or mandatory operating conditions.

Directly affected

Public Service Commission

The Commission must review BURDEN reports, make findings on cumulative environmental stressors, provide expanded public notice, and enforce new permit denials or conditions.

Key Facts

  • Applies to applications for certificates of public convenience and necessity for generating stations located in at-risk census tracts, excluding wind, solar, or geothermal energy projects.
  • Defines an 'at-risk census tract' as any area within a 1.5-mile radius of a tract with an EJ score at or above the 75th percentile, high environmental health indicators, or extreme proximity to mining, emitting power plants, hazardous waste landfills, or concentrated animal feeding operations.
  • Requires a BURDEN report detailing existing environmental health burdens, EJ scores for the site and a 1.5-mile radius, pollution sources, air pollutant ambient concentrations, traffic counts, noise and odor levels, and lead or contaminated water exposure risks.
  • Mandates that the Public Service Commission immediately notify state and local governing bodies, local members of the General Assembly, and the public via website and social media upon receiving an application.
Show all 8 facts
  • Requires the Public Service Commission to issue a determination on whether a proposed facility will cause or contribute to adverse environmental or public health stressors higher than those borne by other areas in the State.
  • Directs the Public Service Commission to deny the application if it contributes to excess stressors, unless the applicant demonstrates that the activity serves a public interest in the at-risk census tract.
  • Authorizes the Public Service Commission to impose protective environmental and public health conditions on approved certificates.
  • Takes effect October 1, 2026.

Frequently Asked Questions

Which types of energy projects are exempt from the BURDEN report requirement?
The requirement does not apply to the construction of wind, solar, or geothermal energy generating stations, nor to certain small-scale emergency backup generators or small solar installations under 14 megawatts.
What must the Public Service Commission do if a proposed power plant worsens local environmental burdens?
The Commission must deny the application unless the applicant can demonstrate that the activity will serve a specific public interest in that .
Who receives notice when a certificate application is submitted?
Notice must be provided immediately to the Department of Planning, local governing bodies and executives within 1 mile, local General Assembly members, landowners for overhead transmission lines, and interested persons, as well as published on the Commission's website and social media.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently filed. The next step in the legislative lifecycle is Committee.

Procedural history

2 actions
  1. Feb 11, 2026Senate
    Hearing 3/03 at 1:00 p.m.
  2. Feb 6, 2026SenateIntroduced
    First Reading Education, Energy, and the Environment

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Shift Toward Cumulative Environmental Burden Analysis

The bill shifts regulatory oversight from evaluating single pollution sources in isolation to assessing cumulative environmental health stressors within a 1.5-mile radius in designated at-risk tracts.

Connected Entities

Public Service Commission, PJM Interconnection, LLC, Department of the Environment and 2 more
OrganizationPublic Service Commission“State commission responsible for issuing certificates of public convenience and ”Map →
OrganizationPJM Interconnection, LLC“Regional transmission organization referenced in generating station exemptions”Map →
OrganizationDepartment of the Environment“State department regulating environmental standards and definitions”Map →
PersonBen Brooks“Senator sponsoring Senate Bill 780”Map →
OrganizationDepartment of Planning“State department receiving notice of certificate applications”Map →

Sources

Open source document

mgaleg.maryland.gov

Analysis Score

0–100
  • Significance80
    How much this matters to a regular citizen
  • Controversy65
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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