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S.B.I
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VETOES
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(b) Special funds appropriated in subsection (a)(2) through (4) of this section
shall be recovered through the assessment on public utilities authorized under §
2-110 of the Public Utility Companies Article.
(c) Special funds appropriated in subsection (a)(5) of this section shall be
credited from funds assessed under § 7-512.1 of the Public Utility Companies Article,
as enacted by this Act, and the repeal of the property income tax credit and
designation of special funding under Sections 2 and 10 of this Act.
SECTION 19. AND BE IT FURTHER ENACTED, That, notwithstanding any
other provision of law, if any action is brought for declaratory, injunctive, or other
relief to challenge the constitutionality or legality of any provision of this Act or any
amendment made by this Act, the following rules shall apply:
(1) The action shall be filed in the Circuit Court of Baltimore City.
(2) The Attorney General, on behalf of the State, has an unconditional
right to intervene and participate as a party in all aspects, including but not limited
to the presentation of evidence and legal argument.
(3) A final decision of the Circuit Court shall be reviewable by appeal
directly to the Court of Appeals of Maryland. Any such appeal shall be taken by the
filing of a notice of appeal within 10 days after the entry of the final decision.
(4) It shall be the duty of the Circuit Court and the Court of Appeals to
advance on the docket and to expedite to the greatest possible extent the disposition
of the action and the appeal.
(5) No State funds may be spent directly or indirectly by any officer or
unit of State government to challenge any provision of this Act, or to pay private
counsel to challenge any provision of this Act, in a State court or federal court.
SECTION 20. AND BE IT FURTHER ENACTED, That, notwithstanding §
7-510(c)(3) of the Public Utility Companies Article, as enacted by this Act:
(1) (a) an electric company is allowed to recover the costs of electricity
for which it has contracted before the effective date of this Act to provide standard
offer service; and.
(2) an electric company that is collecting an authorized reasonable
return for providing standard offer service under an extension of the obligation to
provide that service in a service territory in which a rate cap or freeze under §
7-505(d) of the Public Utility Companies Article is no longer in effect may continue to
collect the return until the termination of the extension.
(b) (1) This paragraph subsection applies to an investor-owned electric
company in a service territory in which a rate cap or freeze under § 7-505(d) of the
Public Utility Companies Article is no longer in effect and which has a rate mitigation
plan in effect on July 1, 2006 for residential customers, in accordance with an order by
Order No. 80747 of the Public Service Commission, to limit the increase in the total
electric rates to 15% on June 1, 2006, allow a 15.7% increase on March 1, 2007, allow
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