HARRY HUGHES, Governor 3359
(4) If any property acquired by condemnation under
this subsection is not requested by an electric company under
subsection (d) of this section within 15 years of the date of
purchase by the Secretary, the Secretary shall provide the
original owner or the heirs of the original owner the opportunity
to purchase the property within 90 days from the date the offer
is made, at a price not exceeding the amount paid by the State
plus 6 percent annual interest. This sale shall be deemed to be
for adequate consideration for purposes of Article 78A, § 15 of
the Code.
(5) FOR THE PURPOSES OF THIS SECTION, "SITE" MEANS
LAND WHICH IS REASONABLY NECESSARY FOR A NEW SITE OR FOR THE
EXPANSION OF AN EXISTING SITE OWNED BY A UTILITY. "SITE"
INCLUDES LAND NECESSARY FOR SUCH ANCILLARY PURPOSES AS SOLID
WASTE DISPOSAL DISPOSAL OF SOLID WASTES PRODUCED BY AN ELECTRIC
GENERATING STATION OPERATING ON THE SITE, TRANSMISSION OR COOLING
WATER ACCESS, OR TRANSMISSION TRANSPORTATION ACCESS.
(b) (1) If the other requirements of this subtitle have
been satisfied, the Secretary may acquire any site by agreement
or condemnation under the condemnation law and pay for them from
the Fund. Prior to such acquisition, the Secretary shall hold
one or more informational meetings and one public hearing in the
legislative district where the proposed site or sites are
located. The Secretary holds the property in the name of the
State and may not permit its temporary use for any purpose which
might logically be expected to impede its prompt availability for
power plant siting as and when needed. Temporary uses which the
Secretary may authorize may include but are not limited to public
recreational facilities, including open space areas, parks,
forests and beaches, fish and wildlife refuges and other public
recreational uses as authorized within this article. The
Secretary may not hold, at any one time, more than eight sites,
suitable for either single or multiple power plant siting.
EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
[However,] the Secretary shall acquire within a reasonable time
at least one suitable site for each electric company having a
peak demand within the State of more than 1000 MW.
(2) THE SECRETARY SHALL NOT BE REQUIRED TO PURCHASE
ANY ADDITIONAL SITES ON BEHALF OF AN ELECTRIC UTILITY HAVING A
PEAK DEMAND WITHIN THE STATE IN EXCESS OF 1000 MW IF:
(I) THE UTILITY OWNS 2 SITES IN MARYLAND WHICH
MAY SUPPORT THE CONSTRUCTION OF ELECTRIC GENERATING FACILITIES,
INCLUDING ANY SITE WHICH IS CAPABLE OF SUPPORTING ADDITIONS TO
EXISTING ELECTRIC GENERATING FACILITIES;
(II) THE UTILITY HAS LISTED THE SITES AS
POSSIBLE OR PROPOSED SITES IN THE LONG-RANGE PLAN ASSEMBLED BY
THE PUBLIC SERVICE COMMISSION UNDER ARTICLE 78, SECTION 54B(B);
(III) THE SECRETARY HAS SUBMITTED A PRELIMINARY
ENVIRONMENTAL STATEMENT ON EACH SITE IN ACCORDANCE WITH SECTION
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