Marvin Mandel, Governor                             93

Each party compensates their own appraiser and shall bear one-
half (½) the cost of the third appraiser. The leasing charge shall
be at five (5) percent annually of the purchase price. For the pur-
poses of this Act, said leases are tantamount to a proprietary inter-
est subjecting the electric utility to local property taxes. Receipts
from the purchase and leasing transactions shall be deposited in
the "Fund." The purchase or lease by electric utilities as described
in this paragraph shall not necessitate submission to or approval
of county or municipal zoning authorities. IN VIEW OF THE
SAFEGUARDS PROVIDED BY THIS SUBTITLE THROUGH
STATE AGENCIES, AND TO ASSURE THE CONTROLLING
EFFECT OF THEIR DETERMINATIONS, ANY PROPERTY
PURCHASED OR LEASED BY AN ELECTRIC COMPANY AS
PROVIDED IN THIS PARAGRAPH TO SHALL BE USED AND
OPERATED FOR ELECTRIC GENERATING AND ASSOCIATED
TRANSMISSION PURPOSES WITHOUT REGARD TO ANY
LOCAL ZONING RULE, REGULATION, LAW, OR ORDINANCE,
AND SUCH USE SHALL NOT BE REQUIRED IN ANY MAN-
NER TO BE SUBMITTED TO OR APPROVED BY ANY COUNTY
OR MUNICIPAL ZONING BOARD, AUTHORITY, OR AGENCY.

767.    Judicial Review

The Board of Review of the Department of Natural Resources
shall not have jurisdiction over any proceedings arising under or
pursuant to this subtitle, and Sections 236 and 237 of Article 41 of
this Code shall not be applicable to decisions of the Secretary of
Natural Resources relating to power plant siting. It is the intention
of this subtitle that judicial review as herein provided for shall in
all instances include the right to appeal to the Circuit Courts as
set forth in Article 78, Sections 89 through 98.

768.    Administration

Such staff as may be necessary to carry out the provisions of this
subtitle, in such numbers and at such salaries shall be provided in
the annual State budget.

5A. Review of and recommendation to CONCERNING applications
for Certificates of Public Convenience and Necessity associated
with power plant construction.

Anything in Article 66C, Article 78, and Article 96A of the An-
notated Code of Maryland to the contrary notwithstanding and in
lieu of the requirements of Article 96A and Sections 722 through
731 of Article 66C, upon application to the Public Service Commis-
sion for a certificate of public convenience and necessity associated
with power plant construction involving, but not limited to, use or
diversion of the waters of the State, and/or private wetlands, said
Commission shall immediately notify the Department of Natural
Resources of such fact and said Commission shall supply the De-
partment of Natural Resources with all pertinent available infor-
mation regarding such application. The Secretary of the Department
of Natural Resources shall treat such application for a certificate of
public convenience and necessity similar to an application for the
appropriation or use of the waters of the State pursuant to Article
96A and similar to an application for a license for dredging and
filling pursuant to Sections 722 through 731 of this Article. Within