88                                 Laws of Maryland                        [Ch. 31

ice Commission Law," subtitle "Public Service Companies," sub-
heading "Gas and Electric Companies," be and it is hereby repealed
"and re-enacted, with amendments; that new Section 54B, be and it is
hereby added to said Article and title, to follow immediately after
Section 54A thereof; that Section 90 of said Article and title be and
it is hereby repealed and re-enacted, with amendments; that
Section 706 of Article 43 of the Annotated Code of Maryland (1965
Replacement Volume), title "Health," subtitle "Air Quality Control,"
subheading "Permits for and Registration of Certain Equipment,"
be and it is hereby repealed and re-enacted, with amendments; and
all to read as follows:

POWER PLANT SITING
763. Establishment of an Environmental Trust Fund

(a)   The Environmental Trust Fund, hereafter known as the
''Fund", is hereby created, effective January 1, 1972. For the pur-
poses of this subtitle, there shall be established as an added cost of
generation an environmental surcharge per kilowatt hour of electric
energy generated in Maryland by any electric company as defined in
Article 78 of the Annotated Code of Maryland. Such surcharge shall
be initially assessed at 0.1 mill per kilowatt hour as of January 1,
1972.

The Public Service Commission shall take cognizance of the man-
date by the General Assembly to impose the surcharge per kilowatt
hour of electric energy generated within Maryland. BY AUTHORIZ-
ING THE ELECTRIC COMPANIES TO ADD THE FULL
AMOUNT OF THE SURCHARGE TO CUSTOMERS' BILLS. Rev-
enues from the surcharge so required to be made by electric com-
panies and collected by the Comptroller shall be placed into the spe-
cial fund known as the Environmental Trust Fund.

(b)  Commencing with 1972, the Secretary of Natural Resources
will each year coordinate the preparation of a budget required to
carry out the provisions of this Act. Upon approval of the Annual
State Budget, by the General Assembly of the State of Maryland, the
Public Service Commission shall establish the amount of the sur-
charge per kilowatt hour for the fiscal year beginning July 1, 1972,
and for each subsequent fiscal year thereafter , but in no event shall
it continue beyond 1985 nor shall it ever exceed 0.3 mill per kilowatt
hour.

Prior to January 1, 1972, after consultation with the electric com-
panies, the Comptroller shall establish the method of collection of
the surcharge from, the companies, provided that such collections
shall accrue to the "Fund." In no event shall the utilities be required
to pay into the fund a greater amount than that which has been
collected less 1½% for expenses incurred in the collection thereof.

(c) The "Fund" shall be administered by the Secretary of Natural
Resources and shall be subject to the provisions for financial man-
agement and budgeting established by the Department of Budget
and Fiscal Planning. The "Fund" shall be used exclusively to carry
out the provisions of this subtitle as provided for in the Annual
State Budget. For the purposes of this subtitle, the Secretary of
Natural Resources shall be authorized to execute appropriate con-
tracts with State and Federal agencies, research organizations, in-