2018 Maryland Code
Natural Resources
Title 3 - Environmental Programs
Subtitle 3 - Power Plant Research Program
§ 3-303.1. Solar generation facilities -- Pollinator-friendly designation.

  • (a) In general. -- The Department, in consultation with the Department of Agriculture, shall designate a solar generation facility as pollinator-friendly if the solar generation facility meets the requirements of this section.

  • (b) Adoption of planning and assessment scorecard. -- The Department shall adopt a Solar Site Pollinator Habitat Planning and Assessment scorecard that:

    • (1) Has been recommended by the University of Maryland bee lab;

    • (2) May be updated or amended only once every 2 years; and

    • (3) Applies only to solar generation facilities.

  • (c) Requirements. --

    • (1) A solar generation facility may be designated as pollinator-friendly only by the Department.

    • (2) A solar generation facility may be designated by the Department as pollinator-friendly if:

      • (i) The solar generation facility:

        • 1. Is ground-mounted;

        • 2. Is at least 1 acre in size; and

        • 3. Meets or exceeds the minimum score identified in the Solar Site Pollinator Habitat Planning and Assessment scorecard; and

      • (ii) The land on which the solar generation facility is located is planted and managed in accordance with a pollinator-friendly vegetation management standard or pollinator habitat plan evaluated under § 3-303(b)(9) of this subtitle by the power plant research program.

  • (d) Claims without proper designation prohibited. -- The owner of a solar generation facility may not claim that the facility is pollinator-friendly or that the facility provides benefits to pollinators, song birds, or game birds unless the facility has been designated as pollinator-friendly by the Department in accordance with this section.

  • (e) Maintenance of vegetation required. -- The owner of a pollinator-friendly solar generation facility shall provide appropriate maintenance of the pollinator vegetation.

  • (f) Owner to make vegetation management standard or pollinator habitat plan available. -- The owner of a pollinator-friendly solar generation facility shall make the facility's pollinator-friendly vegetation management standard or pollinator habitat plan evaluated under § 3-303(b)(9) of this subtitle by the power plant research program available to the Maryland, DC, and Virginia Solar Energy Industries Association or other nonprofit solar industry trade associations.

  • (g) Farming practices on adjacent land not restricted. -- Nothing in this section restricts any farming practices on any land adjacent to the land on which a solar generation facility is located.

  • (h) Fee. -- The Department may charge the owner of a solar generation facility a reasonable fee to cover costs associated with designating the solar generation facility as pollinator-friendly.

  • (i) Regulations. -- The Department shall adopt regulations to carry out this section.

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