April 14, 2025 - In a 60-day Legislative Session dominated by a myriad of GOP social issues and Governor Morrisey's "Microgrid" legislation, our lobby team was able to secure some very strategic and positive statutory changes and administrative rules as the regular session concluded Saturday at midnight.  These changes should help the industry going forward.  

HB 2014, the centerpiece to Governor Morrisey's "inaugural" legislative session establishes unlimited Microgrid Districts throughout the state to attract data centers and other industrial systems to connect to new inside-the-district power centers. Under the legislation, microgrids are neutral regarding fuel type or power source and data centers must consume 70% of the power consumed within the microgrid district and no more than 10% of the power center capacity may leave the micro- grid. 

We were successful amending several provisions into HB 2014 designed to preserve and protect instate coal plants, and to require plants to run at optimum levels. These provisions include: strong recommendation to plants at a 69% capacity; maintaining a functional 30-day coal supply; requiring revised Integrated Resource Plans (IRPs) to be filed with the PSC by July 1, 2025 detailing how their plants will be upgraded and maintained to run through their life cycle, strengthening the PSC's authority and oversight over Utility owned coal plants to compel them to run more efficiently within the framework of PJMs economic dispatch model; and to prevent the use of "Securitization" to close or shutter any coal plant. 

Other pro coal legislation passing both houses included changes to the state’s "Diesel Equipment" law (SB 942) making it less burdensome to move diesel equipment from one mine to another; removing the Board of Coal Mine Health and Safety from the testing, selection and hiring of state mine inspectors and safety instructors (HB 883); and (SB 941) establishing that DEP's Dam Control Division is the sole authority over dams built or maintained by local dam conservation districts.

Favorable DEP Rules passing this session under HB 2233 include establishing an expedited process to remove drinking designations from streams (Category A) and changes to the UIC program regarding general permit use by our industry. 

This represents a brief recap of the Regular Legislative Session. All bills passing both Houses must be signed into law by the Governor.

A more detailed legislative summary will be completed by the end of April.