5338

VETOES

In addition, the literal language of subsection (f)(3),
indicating that the provisions of "this subsection" do not
apply to the use of used oil as a fuel by certain utilities,
suggests a different reading: that subsection (f)(3) was
intended as an exception to the provisions of the entire
subsection, including those in subsection (f)(2). As such,
subsection (f)(3) would purport to permit certain utilities
to use used oil as a fuel even if, notwithstanding
subsection (f)(2), such use would violate State and federal
air quality standards. (Other persons presumably would be
allowed to use used oil as a fuel only if, as required by
subsection (f)(2), that use complied with air. quality
standards.)

To the extent that the provisions of this bill purport
to exempt various air pollution sources from federal
requirements, those provisions could not be given effect
because of the Supremacy Clause of the United States
Constitution. Moreover, even though the General Assembly
has the power to exempt pollution sources from State
regulation, those State air quality regulations that have
been made a part of the State's air quality implementation
plan will continue to be enforceable at the federal level
until the processes of revising that plan can be completed.

Sincerely,
Stephen H. Sachs
Attorney General

House Bill No. 1280

AN ACT concerning

Cable Television - Franchises

FOR the purpose of granting specific authority for counties,
incorporated municipalities, and Baltimore City to
engage in community antenna television and cable
television franchising, including exclusive
franchising; permitting the counties, incorporated
municipalities, and Baltimore City to impose franchise
fees, to set rates for cable television services, and
to establish rules governing such franchising;- and
generally relating to the authority of the counties,
incorporated municipalities, and Baltimore City over
community antenna systems and cable television
franchising.

BY adding to