4240

LAWS OF MARYLAND

Ch. 770

with the Public Service Commission at least two years prior
to commencement of construction of an electric generating
station and its associated overhead transmission lines
designed to carry a voltage in excess of 69,000 volts, or
exercising the right of eminent domain in connection to it.
This two year provision may be waived by the Commission for
good cause shown. The application shall contain such
information as the Commission requests and the company shall
also furnish the Commission such information as it may
further request from time to time. On receipt of the
application and information, the Commission shall notify all
interested persons including the following Maryland
agencies: the Department of Natural Resources, Department of
Health and Mental Hygiene, Department of Transportation,
Department of Economic and Community Development, Department
of Agriculture, and Department of State Planning. After
receipt of all information, and as the Commission deems
necessary and after publication as the Commission deems
proper, the Commission at the public hearing required by §
54A shall insure presentation of the information and
recommendations from these agencies, shall permit the
official representative of the agencies to sit during
hearing of all parties and, based on evidence relating to
their areas of concern, shall allow the agencies 15 days,
after conclusion of the hearing, to modify, affirm, or amend
their initial recommendations. Within 90 days after the
hearing the Commission shall grant or deny the permit or
grant it subject to such conditions as it may find
appropriate, and notify all interested parties. The
decision shall be by a majority of the members of the
Commission and in any instance requiring a conditional
permit failure to reach majority agreement on the conditions
to be attached shall result in a denial. The granting of the
certificate shall also constitute authority to dredge and
construct bulkheads in the waters or private wetlands of the
State and to appropriate or use such waters. In addition,
the certificate shall also constitute registration and a
permit, as required under [Article 43, § 706] TITLE 2,
SUBTITLE 4 OF THE HEALTH - ENVIRONMENTAL ARTICLE for the air
emissions, if any, resulting from the operation of the
plant.

54H.

(b) Notwithstanding the provisions of this section,
modifications to electric generating stations involving the
short-term inability to obtain the type of fuel normally
used by the station shall be subject to [Article 43, § 698A]
TITLE 2, SUBTITLE 5 OF THE HEALTH - ENVIRONMENTAL ARTICLE.

Article 78B - Racing Commission

19.