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Ch. 301 2006 LAWS OF MARYLAND
AN EMISSIONS REDUCTION OR CARBON SEQUESTRATION PROJECT THAT IS FOUND
BY THE SECRETARY TO MEET ALL APPLICABLE CRITERIA FOR SUCH PROJECTS IN
ACCORDANCE WITH THE REGIONAL GREENHOUSE GAS INITIATIVE; AND
(2) ESTABLISH A SYSTEM FOR OFFSETTING THE CARBON DIOXIDE
EMISSIONS OF STATEWIDE ELECTRICITY IMPORTS ABOVE THE AMOUNT OF
ELECTRICITY IMPORTED IN 2004 AS FOLLOWS:
(I) A LOAD SERVING ENTITY IN THE STATE THAT CONTRACTS TO
PURCHASE ELECTRIC POWER GENERATED IN A STATE OTHER THAN MARYLAND OR
STATES PARTICIPATING IN THE REGIONAL GREENHOUSE GAS INITIATIVE IN ORDER
TO REPLACE ELECTRIC POWER FORMERLY PURCHASED FROM AN AFFECTED
FACILITY, SHALL OFFSET THE CARBON DIOXIDE EMISSIONS OF THAT POWER; AND
(II) THE AMOUNT OF CARBON DIOXIDE EMISSIONS ATTRIBUTED TO
POWER GENERATED IN A STATE OTHER THAN MARYLAND OR A STATE
PARTICIPATING. IN THE REGIONAL GREENHOUSE CAS INITIATIVE SHALL BE
CALCULATED ACCORDING TO THE AVERAGE CARBON DIOXIDE EMISSIONS OF THE
ELECTRICITY GENERATED BY THE PERSON SELLING THE POWER IN THE REGION IN
WHICH SUCH POWER IS GENERATED.
(G) THE PROVISIONS OF THIS SECTION MAY NOT BE CONSTRUED TO AFFECT
EMISSIONS REQUIREMENTS, STANDARDS, OR LIMITATIONS IMPOSED ON
ELECTRICITY GENERATORS BY ANY OTHER PROVISION OF LAW THAT WOULD
RESULT IN EMISSIONS REDUCTIONS IN ADDITION TO THOSE REQUIRED UNDER THIS
SECTION.
(II) 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) OF THIS SECTION.
(I) IF THE U.S. ENVIRONMENTAL PROTECTION AGENCY ALLOCATES
EMISSION ALLOWANCES FOR MERCURY, SULFUR DIOXIDE, OR OXIDES OF NITROGEN
TO THE STATE, THE ALLOWANCES SHALL BE TREATED AS FOLLOWS;
(1) A MERCURY ALLOWANCE MAY NOT BE ALLOCATED TO ANY PERSON
THAT OWNS, LEASES, OPERATES, OR CONTROLS AN AFFECTED FACILITY OR OTHER
SOURCE OF MERCURY EMISSIONS INTO THE ATMOSPHERE OR MERCURY
DISCHARGES INTO THE WATERS OF THE STATE.
(2) (I) THE DEPARTMENT SHALL HOLD ALL MERCURY ALLOWANCES
ALLOCATED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO THE STATE.
(II) AT THE END OF EACH CALENDAR YEAR, THE DEPARTMENT
SHALL INSTRUCT THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO RETIRE
PERMANENTLY THE ALLOWANCES.
(3) THE DEPARTMENT SHALL ENSURE THAT ANY EMISSION
ALLOWANCES FOR SULFUR DIOXIDE OR OXIDES OF NITROGEN ALLOCATED BY THE
DEPARTMENT TO ANY PERSON THAT OWNS, LEASES, OPERATES, OR CONTROLS AN
AFFECTED FACILITY MAY NOT BE MADE AVAILABLE FOR RESALE OR EXCHANGE.
- 1696 -
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