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ROBERT L. EHRLICH, JR., Governor
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Ch. 23
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(3) IF THE REGIONAL GREENHOUSE GAS INITIATIVE EXPIRES AND
THERE IS A SUCCESSOR ORGANIZATION WITH THE SAME PURPOSES AND GOALS, THE
GOVERNOR IS ENCOURAGED TO JOIN THE STATE IN THE SUCCESSOR ORGANIZATION.
(4) IF THE STATE'S PARTICIPATION IN THE REGIONAL GREENHOUSE
GAS INITIATIVE CEASES FOR ANY REASON, THE GOVERNOR SHALL REPORT TO THE
GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2-1246 OF THE STATE GOVERNMENT
ARTICLE, REGARDING:
(I) WHY PARTICIPATION CEASED; AND
(II) A PLAN TO REDUCE CARBON DIOXIDE EMISSIONS FROM POWER
PLANTS IN THE STATE THAT CONSIDERS THE USE OF MARYLAND GROWN, NATIVE,
WARM SEASON GRASSES AS A POSSIBLE METHOD OF REDUCING CARBON EMISSION.
(G) (H) THE PROVISIONS OF THIS SECTION MAY NOT BE CONSTRUED TO
AFFECT EXISTING OR FUTURE EMISSIONS REQUIREMENTS, STANDARDS, OR
LIMITATIONS IMPOSED ON ELECTRICITY GENERATORS BY ANY OTHER EXISTING OR
FUTURE PROVISION OF LAW THAT WOULD RESULT IN EMISSIONS REDUCTIONS IN
ADDITION TO THOSE REQUIRED UNDER THIS SECTION.
(H) (I) (1) A PERSON THAT OWNS, LEASES, OPERATES, OR CONTROLS AN
AFFECTED FACILITY THAT IS SUBJECT TO THE REQUIREMENTS OF THIS SECTION
MAY DETERMINE HOW BEST TO ACHIEVE THE COLLECTIVE EMISSIONS
REQUIREMENTS UNDER SUBSECTIONS (A), (B), AND (E) (C), AND (D) OF THIS SECTION.
(2) (I) IF A PERSON THAT OWNS, LEASES, OPERATES, OR CONTROLS
AN AFFECTED FACILITY CAN DEMONSTRATE, WITH CLEAR AND CONVINCING
EVIDENCE, THAT THE POLLUTION CONTROL EQUIPMENT THAT IS NECESSARY TO
ACHIEVE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION IS
UNATTAINABLE, DUE TO A LACK OF AVAILABLE SUPPLY, THE DEPARTMENT MAY
REDUCE OR WAIVE ANY PENALTY DUE TO THE FAILURE TO ATTAIN COMPLIANCE
UNTIL THE POLLUTION CONTROL EQUIPMENT BECOMES ATTAINABLE.
(II) IF A PERSON THAT OWNS, LEASES, OPERATES, OR CONTROLS
AN AFFECTED FACILITY CAN DEMONSTRATE, WITH CLEAR AND CONVINCING
EVIDENCE, THAT THE POLLUTION CONTROL EQUIPMENT THAT IS NECESSARY TO
ACHIEVE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION HAS
SIGNIFICANTLY INCREASED IN COST DUE TO THE LIMITED AMOUNT OF SUPPLY AND,
AS A RESULT, MAY SIGNIFICANTLY INCREASE ELECTRIC RATES, THE DEPARTMENT
MAY REDUCE OR WAIVE ANY PENALTY DUE TO THE FAILURE TO ATTAIN
COMPLIANCE UNTIL THE SUPPLY OF POLLUTION CONTROL EQUIPMENT BECOMES
AVAILABLE SO AS TO REASONABLY LOWER THE COST OF THE POLLUTION CONTROL
EQUIPMENT.
(III) IN DETERMINING WHETHER TO REDUCE OR WAIVE ANY
PENALTY UNDER THIS PARAGRAPH, THE DEPARTMENT SHALL CONSULT WITH THE
PUBLIC SERVICE COMMISSION AS TO THE AVAILABILITY AND COST OF THE
POLLUTION CONTROL EQUIPMENT.
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- 135 -
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