HARRY HUGHES, Governor

1731

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 78 — Public Service Commission Law

54H.

(A) AN ELECTRIC COMPANY MAY NOT COMMENCE ANY
MODIFICATION TO AN ELECTRIC GENERATING STATION AFTER JANUARY
1, 1980, WITHOUT PRIOR APPROVAL BY THE PUBLIC SERVICE
COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. §§ 54A AND 54B OF THIS ARTICLE, EXCEPT THAT:

(1)   UNLESS THE COMMISSION OTHERWISE ORDERS, THE
APPLICATION SHALL BE FILED NOT LESS THAN 180 DAYS PRIOR TO
THE DATE AT WHICH THE MODIFICATION IS TO COMMENCE, AND THE
COMMISSION SHALL RENDER ITS DECISION NOT LATER THAN 150 DAYS
AFTER THE FILING OF THE APPLICATION.

(2)   THE APPLICANT SHALL PROVIDE ALL INFORMATION

RELATING TO THE MODIFICATION, INCLUDING DETAILED PLANS AND

SPECIFICATIONS, AND ALL INFORMATION RELATING TO THE IMPACT
OF THE MODIFICATION ON AIR QUALITY, TO THE COMMISSION AND TO
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE, NOT LATER THAN
180 DAYS PRIOR TO THE DATE ON WHICH ANY MODIFICATION IS TO
COMMENCE.

IN THIS SECTION, "MODIFICATION" MEANS ANY PHYSICAL
ALTERATION OR REPLACEMENT OF, OR OTHER CHANGE TO, THE
FACILITIES AT AN ELECTRIC GENERATING STATION, OR THE CHANGE
IN THE FUEL USED BY THE STATION, WHICH COULD RESULT IN ANY
CHANGE OF AIR EMISSIONS FROM THE STATION OR FROM ANY
GENERATING UNIT OF THE STATION- THE TERM "MODIFICATION"
DOES NOT INCLUDE ROUTINE MAINTENANCE OR REPAIRS OF THE
FACILITIES OF AN ELECTRIC GENERATING STATION OR ANY CHANGE

IN THE FUEL WHICH WOULD RESULT IN EMMISSION AMBIENT AIR

QUALITY LEVELS LESS THAN OR EQUAL TO THOSE LEVELS WHICH WERE
A BASIS FOR THE ISSUANCE OF A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY PREVIOUSLY ISSUED UNDER § 54A OF
THIS ARTICLE.

      (B) NOT LATER THAN 180 DAYS PRIOR TO THE DATE AT WHICH

ANY MODIFICATION SUBJECT TO THIS SECTION IS TO COMMENCE, THE

APPLICANT SHALL SUBMIT TO THE COMMISSION SUCH INFORMATION

REGARDING THE MODIFICATION AS THE COMMISSION MAY REQUEST.

THE APPLICANT SHALL ALSO PROVIDE A COPY OF ALL INFORMATION

RELATING TO THE MODIFICATION, AND THE IMPACT ON AIR QUALITY

FROM THE MODIFICATION, TO THE DEPARTMENT OF HEALTH AND

MENTAL HYGIENE. NOT LATER THAN 90 DAYS AFTER IT HAS

RECEIVED THIS INFORMATION, THE DEPARTMENT OF HEALTH AND___

MENTAL HYGIENE SHALL ADVISE THE COMMISSION WHETHER THE

APPLICANT HAS DEMONSTRATED THAT THE MODIFICATION IS IN

COMPLIANCE WITH ALL APPLICABLE AIR POLLUTION LAWS AND

REGULATIONS. NOT LATER THAN 150 DAYS AFTER IT HAS RECEIVED

THE APPLICATION, AND BASED ON THE ADVICE OF THE DEPARTMENT

OF HEALTH AND MENTAL HYGIENE AND OTHER INFORMATION AND