98                                Laws of Maryland                        [Ch. 31

watt hour of electric energy generated within Maryland, BY AU-
THORIZING 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.

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 kilo-
watt 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.

90. Right to review; etc.

Any party or any person in interest, including the People's Counsel,
and the Secretary of Natural Resources, dissatisfied by a final de-
cision or order of the Commission whether affirmative or negative in
form is entitled to judicial review thereof as provided in this subtitle.

The term "final decision or order" includes the fair market value of

a site as determined by the appraisal Committee as set forth in

Article 66C, Section 766, a final determination by the Secretary of
Natural Resources that a generating site shall not be included in the

ten year plan as set out in Article 66C, Section 765 and a final rec-

ommendation by the Secretary of Natural Resources as to conditions
imposed upon a certificate of public convenience and necessity as set
forth in Article 66, Section 5A FOR THE PURPOSES OF THIS
SUBTITLE, THE SECRETARY OF NATURAL RESOURCES
SHALL HAVE STANDING TO SEEK JUDICIAL REVIEW OF
THE COMMISSION'S FINAL DECISION OR ORDER MADE
PURSUANT TO ARTICLE 78, SECTION 54A AND SECTION 54B
RELATIVE TO THE ENVIRONMENTAL ASPECTS OF POWER
PLANT SITING. Where the registration of any motor vehicle car-
rier is suspended or revoked by the Commissioner of Motor Vehicles,
on order of the Commission, the order of the Commission, and not
the action of the Commissioner of Motor Vehicles shall be subject
to review.

Sec. 2. And be it further enacted, That if any provision of this

subtitle or the application thereof to any person or circumstance is
held invalid for any reason, the invalidity shall not affect the other
provisions or any other application of this subtitle which can be
given effect without the invalid provisions or application, and to this
end all provisions of this subtitle are declared to be severable.

Sec. 3. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved April 23, 1971.