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ROBERT L. EHRLICH, JR., Governor
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Ch. 248
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(3) "Electricity supplier" has the meaning stated in § 1-101 of the Public
Utility Companies Article.
(b) This section does not apply to:
(1) a cogenerator or electricity supplier that is subject to the public
service company franchise tax; or
(2) an electricity supplier that, before July 1, 1999, was not an electric
company as defined in § 1-101 of the Public Utility Companies Article as in effect on
June 30, 1999, unless the electricity supplier is an affiliate of such an electric
company.
(c) [A] SUBJECT TO THE LIMITATIONS IN § 8-406(B)(2) OF THIS ARTICLE, A
cogenerator or electricity supplier may claim a credit against the State income tax in
the amount of $3 for each ton of Maryland-mined coal that the cogenerator or
electricity supplier purchased in the taxable year.
(d) (1) A cogenerator or electricity supplier may only apply the credit
against the State income tax for the taxable year in which the credit was earned.
(2) The amount of the credit may not exceed the State income tax for
that taxable year.
(3) THE TOTAL AMOUNT OF CREDITS APPROVED UNDER THIS SECTION
SHALL BE SUBJECT TO THE LIMITATIONS IN § 8-406(B)(2)(IV), (V), AND (VI) OF THIS
ARTICLE.
(E) A COGENERATOR OR ELECTRICITY SUPPLIER SHALL SUBMIT AN
APPLICATION IN ACCORDANCE WITH § 8-406(B)(2)(III) OF THIS ARTICLE IN ORDER TO
CLAIM THE CREDIT AVAILABLE UNDER THIS SECTION.
10-726.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "COGENERATOR" MEANS A QUALIFYING COGENERATOR OR
QUALIFYING SMALL POWER PRODUCER AS DETERMINED BY THE FEDERAL
REGULATORY COMMISSION UNDER THE PUBLIC UTILITY REGULATORY POLICIES ACT
OF 1978.
(3) "ELECTRICITY SUPPLIER" HAS THE MEANING STATED IN § 1-101 OF
THE PUBLIC UTILITY COMPANIES ARTICLE.
(4) "NEW FACILITY HAS THE MEANING STATED IN § 8-406(B)(1)(IV) OF
THIS ARTICLE.
(5) "RETROFITTED FACILITY" HAS THE MEANING STATED IN §
8-406(B)(1)(V) OF THIS ARTICLE.
(B) THIS SECTION DOES NOT APPLY TO;
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