MARVIN MANDEL, Governor                                    549

INDEPENDENT QUALIFIED HEAL ESTATE APPRAISERS, ONE OF
WHOM IS CHOSEN BY THE SECRETARY, ONE BY THE ELECTRIC
COMPANY MAKING THE APPLICATION, AND THE THIRD BY THE
TWO APPRAISERS FIRST SELECTED. EACH PARTY COMPENSATES
ITS OWN APPRAISER AND BEARS ONE-HALF THE COST OF THE
THIRD APPRAISER. THE LEASING CHARGE SHALL BE FIVE
PERCENT ANNUALLY OF THE PURCHASE PRICE. FOR THE
PURPOSES OF THIS SUBTITLE, THE LEASES ARE A
PROPRIETARY INTEREST SUBJECTING THE ELECTRIC UTILITY
TO LOCAL PROPERTY TAXES. RECEIPTS FROM THE PURCHASE
AND LEASING TRANSACTIONS SHALL BE DEPOSITED IN THE
FUND- IN VIEW OF THE SAFEGUARDS PROVIDED BY THIS
SUBTITLE THROUGH STATE UNITS, AND TO ASSURE THE
CONTROLLING EFFECT OF THEIR DETERMINATIONS, ANY
PROPERTY AN ELECTRIC COMPANY PURCHASES OR LEASES AS
PROVIDED IN THIS SUBSECTION SHALL BE USED AND OPERATED
FOR ELECTRIC GENERATING AND ASSOCIATED TRANSMISSION
PURPOSES WITHOUT REGARD TO ANY LOCAL ZONING RULE,
REGULATION, LAW, OR ORDINANCE, AND THIS USE IS NOT
REQUIRED TO BE SUBMITTED TO OR APPROVED BY ANY COUNTY
OR MUNICIPAL ZONING BOARD, AUTHORITY, OR UNIT.

REVISOR's NOTE: This subsection presently appears
as Article 66C, section 769 (b) of the
Code. The only changes made are in style.

3-306. REVIEW OF AND RECOMMENDATION CONCERNING
APPLICATIONS FOR CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY ASSOCIATED WITH POWER PLANT CONSTRUCTION.

(A)    PUBLIC SERVICE COMMISSION TO NOTIFY
DEPARTMENT OF CERTAIN TYPE APPLICATION; INFORMATION
SUPPLIED TO DEPARTMENT.—NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THIS ARTICLE OR THE PUBLIC SERVICE
COMMISSION LAW, ON APPLICATION TO THE PUBLIC SERVICE
COMMISSION 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, OR PRIVATE WETLANDS, THE
COMMISSION SHALL NOTIFY IMMEDIATELY THE DEPARTMENT OF
NATURAL RESOURCES OF THE APPLICATION. THE COMMISSION
SHALL SUPPLY THE DEPARTMENT OF NATURAL RESOURCES WITH
ANY PERTINENT INFORMATION AVAILABLE REGARDING THE
APPLICATION. THE SECRETARY SHALL TREAT THE
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY AS AN APPLICATION FOR APPROPRIATION OR
USE OF WATERS OF THE STATE UNDER TITLE 8 OF THIS
ARTICLE AND AS AN APPLICATION FOR A LICENSE FOR
DREDGING AND FILLING UNDER TITLE 9 OF THIS ARTICLE.

(B)     SECRETARY TO PREPARE STUDY AND