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Session Laws, 1978
Volume 736, Page 2567   View pdf image
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BLAIR LEE III, Acting Governor

2567

inventory of possible and proposed sites.

(2)    The Secretary, upon the advice of the
Secretary of Economic and Community Development, shall
acquire in the name of the State a sufficient number of
sites to satisfy the expected requirements as submitted by
the Secretary of State Planning as provided in § 3—304 (4)
of this subtitle. Site selection shall be based on existing
research findings that show the site is desirable for power
plant construction. Following site acquisition, the
Secretary[, with] AND the local governing bodies of the
areas through which the potential generator lead routes
pass[,] shall designate mutually[,] one or more desirable
routes. After designation of a route, each county within
which the route is located shall designate the proposed
public utility corridor by enactment of an ordinance or by
incorporation in its appropriate land use plan. Any
investigation to ascertain the suitability of a site for the
construction of an electric generating station shall be
completed within [two] 2 years of the date the site has been
identified. By the end of the [two—] 2 year period, the
Secretary shall purchase or remove from consideration the
site and make public his decision.

(3)    NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SUBTITLE, THE SECRETARY SHALL NOT ACQUIRE ANY SITE UNTIL A

REQUISITION FOR A SITE IS RECEIVED FROM AN ELECTRIC UTILITY.

THE SITE SHALL BE PURCHASED BY THE ELECTRIC UTILITY WITHIN 1

YEAR AFTER ACQUISITION BY THE SECRETARY, FOR AN ELECTRIC

COMPANY WHOSE PEAK DEMAND WITHIN THE STATE IS LESS THAN 1000

MW UNTIL THE PUBLIC SERVICE COMMISSION REQUESTS THE

SECRETARY TO PURCHASE A SITE PURSUANT TO ARTICLE 78, SECTION
54B(E).

(4) IF ANY PROPERTY ACQUIRED BY CONDEMNATION
UNDER THIS SUBSECTION IS NOT REQUESTED BY AN ELECTRIC
COMPANY PURSUANT TO SECTION 3-305 (D) WITHIN 15 YEARS OF THE
DATE OF PURCHASE BY THE SECRETARY, THE SECRETARY SHALL
PROVIDE THE ORIGINAL OWNER OR HIS HEIRS THE OPPORTUNITY TO
PURCHASE THE PROPERTY WITHIN 90 DAYS FROM THE DATE THE OFFER
IS MADE, AT A PRICE NOT EXCEEDING THE AMOUNT PAID BY THE
STATE PLUS 6 PERCENT ANNUAL INTEREST. SUCH A SALE SHALL BE
DEEMED TO BE FOR ADEQUATE CONSIDERATION FOR PURPOSES OF
SECTION 15 OF ARTICLE 78A.

(b) IF THE OTHER REQUIREMENTS OF THIS SUBTITLE HAVE
BEEN SATISFIED, [The] THE Secretary may acquire any site by
agreement or condemnation under the condemnation law and pay
for them from the fund. PRIOR TO SUCH ACQUISITION, THE
SECRETARY SHALL HOLD ONE OR MORE INFORMATIONAL MEETINGS AND
ONE PUBLIC HEARING IN THE LEGISLATIVE DISTRICT WHERE THE
PROPOSED SITE OR SITES ARE LOCATED. The Secretary holds the
property in the name of the state and may not permit its

temporary use for any purpose which might logically be

expected to impede its prompt availability for power plant

siting as and when needed. Temporary uses which the

Secretary may authorize may include but are not limited to
public recreational facilities, including open space areas,

 

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Session Laws, 1978
Volume 736, Page 2567   View pdf image
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