Marvin Mandel, Governor                         463

CHAPTER 184
(House Bill 616)

AN ACT to repeal and re-enact, with amendments, Section 54A of
Article 78 of the Annotated Code of Maryland (1969 Replace-
ment Volume), title "Public Service Commission Law," subtitle
"Public Service Companies," subheading "Gas and Electric Com-
panies," TO REQUIRE CONSIDERATION OF AVIATION
SAFETY FACTORS AND prohibiting the construction of certain
electric utility lines within a mile of either end of any public air-
port runway.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 54A of Article 78 of the Annotated Code of Maryland
(1969 Replacement Volume), title "Public Service Commission Law,"
subtitle "Public Service Companies," subheading "Gas and Electric
Companies," be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

54A.

No electric company may begin the construction in Maryland of
a generating station or any overhead transmission line designed to
carry a voltage in excess of 69,000 volts, or exercise the right of
eminent domain in connection therewith, without having first ob-
tained from the Commission a certificate of public convenience and
necessity for the construction of the station or line. The Commission
shall hold a public hearing on each application for a certificate of
public convenience and necessity in the area in which any portion of
the construction of a generating station or an overhead transmission
line designed to carry a voltage in excess of 69,000 volts is proposed
to be located, together with the local governing bodies of each such
area, unless any governing body wishes not to participate in the
hearing. The Commission shall take final action only after due
consideration of the recommendations of such governing bodies, the
need to meet present and future demands for service, effect on system
stability and reliability, economics, esthetics, historic sites, AVIA-
TION SAFETY AS DETERMINED BY THE STATE AVIATION
COMMISSION AND THE ADMINISTRATOR OF THE FEDERAL
AVIATION ADMINISTRATION, and, when applicable, the effect
on air and water pollution. The said public hearing shall be adver-
tised in a newspaper of general circulation in the area affected once
in each of the two successive weeks immediately prior to the hearing.
In no event shall an electric company construct, or be authorized by
the Commission to construct, such an overhead transmission line IN
LINE WITH, AND within one mile of, either end of any public
airport runway. A PRIVATELY OWNED AIRPORT RUNWAY
SHALL QUALIFY AS A PUBLIC AIRPORT RUNWAY WITHIN
THE MEANING OF THIS SECTION ONLY WHEN IT SHALL
HAVE BEEN ON FILE WITH THE FEDERAL AVIATION AD-
MINISTRATION FOR A PERIOD OF TWO YEARS AS BEING
OPEN TO THE PUBLIC WITHOUT RESTRICTION.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved April 15, 1970