1418                                                 LAWS OF MARYLAND                            [Ch. 340

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 3-302(a) and 3-302(b) of Article
— Natural Resources, of the Annotated Code of Maryland
(1973 Volume) be and they are hereby repealed and
re—enacted, with amendments, to read as follows:

Article — Natural Resources
3-302.

(a)    The Environmental Trust Fund is created and
continued. For the purpose of this subtitle, there is
established as an added cost of generation, an
environmental surcharge per kilowatt hour of electric
energy generated in the State to be paid by any electric
company as defined in the Public Service Commission Law,
This surcharge intially shall be assessed at 0.1 mill per
kilowatt hour as of January 1, 1972. The Public Service
Commission shall impose the surcharge per kilowatt hour
of electric energy generated within the State [by
authorizing] AND SHALL AUTHORIZE the electric companies
to add the full amount of the surcharge to customers*
bills. TO THE EXTENT THAT THE SURCHARGE IS NOT COLLECTED
FROM CUSTOMERS, THE SURCHARGE SHALL BE DEEMED A COST OF
GENERATION AND SHALL BE ALLOWED AND COMPUTED AS SUCH,
TOGETHER WITH OTHER ALLOWABLE EXPENSES, FOR RATE-MAKING
PURPOSES. Revenues from the surcharge [made by electric
companies"] shall be collected by the Comptroller and
placed in the Fund.

(b)    The Secretary annually shall coordinate the
preparation of a budget required to carry out the
provisions of this subtitle. Upon approval of the budget
by the General Assembly, the Public Service Commission
shall establish the amount of the surcharge per kilowatt
hour for the fiscal year beginning July 1, 1972, and for
each subsequent fiscal year. The surcharge may not
continue beyond 1985 nor may it ever exceed 0.3 mill per
kilowatt hour. The Comptroller shall maintain the method
of collection of the surcharge from the companies and the
collections shall accrue to the [']Fund[']. THE
DEPARTMENT SHALL CREDIT AGAINST THE AMOUNT REQUIRED TO BE
PAID INTO THE ENVIRONMENTAL TRUST FUND BY EACH ELECTRIC

COMPANY AN AMOUNT EQUAL TO 1-1/2% OF THE TOTAL SURCHARGE

ATTRIBUTED TO___ EACH COMPANY ON THE BASIS OF THE

ELECTRICITY GENERATED WITHIN MARYLAND. [The utilities

are not required to pay into the Fund a greater amount
than that which has been collected less 1—1/2% for
expenses incurred in the collection of the surcharge. ]

SECTION 2. AND BE IT FURTHER ENACTED, That Section
54B(c) of Article 78 - Public Service Commission Law, of
the Annotated Code of Maryland (1969 Replacement Volume