Commissioners discuss state bill to define and regulate off‑grid electricity providers

Chair opened discussion after a commissioner relayed a call from Sen. McKay about pending legislation to permit off‑grid electric facilities. Agency official (S5) summarized the bill the county is tracking: "The bill defines an off grid electricity provider as a person that owns or operates an electric generating facility that does not interconnect with the electric system in the state, does not cross state lines, and is not located within or cross any federal, state, or local roadway or right of way." S5 said the measure would establish a separate Public Service Commission review process for those providers and apply to facilities that begin service on or after Oct. 1, 2026.

Commissioners and staff discussed practical implications, including whether such facilities could later seek PJM interconnection to sell overflow power and how that might affect local grid operators. A commissioner asked whether the bill’s definition (no cross‑state interconnection) would prevent a facility in a neighboring state from serving county needs; staff responded the bill’s current language appears to exclude cross‑state interconnections but county staff will monitor hearings and consider submitting comment or seeking an amendment.

Why it matters: the bill creates a new, separate regulatory pathway for generators that operate “behind the meter” or off the public transmission grid. Commissioners noted potential economic benefits from new generation but raised concerns about oversight, grid overflow and interconnection timing.

What’s next: staff said the companion House and Senate hearings are scheduled in late February and early March; commissioners agreed staff should track hearings, may submit information for committee members, and could explore proposing amendments addressing interconnection and overflow handling.