HARRY HUGHES, Governor

3003

[(2)] (II) An energy emergency is declared by the
Governor, as provided in Article 41, § 15B(c-1) of the Code, and
then only for purposes of subsection (a)(1) of this section; [or]

[(3)] (III) It is required as a condition of

acceptance of oil overcharge refunds; OR

(IV) THE FEDERAL GOVERNMENT REDUCES ITS

ASSISTANCE TO THE STATE FOR THE ENERGY ASSISTANCE AND

WEATHERIZATION PROGRAMS UNDER SUBSECTION (A) OF THIS SECTION.

(3) FOR EXPENDITURES UNDER ITEM (2)(IV) OF THIS
SUBSECTION, THE BOARD MAY EXCEED THE PRINCIPAL EXPENDITURE
LIMITATIONS UNDER PARAGRAPH (1) OF THIS SUBSECTION IN ANY YEAR
ONLY TO THE EXTENT OF AN AMOUNT EQUAL TO THE REDUCTION IN FEDERAL
ASSISTANCE FOR THAT YEAR COMPARED TO THE IMMEDIATELY PRECEEDING
YEAR.

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, IF THE BALANCE IN THE TRUST FUND AT THE BEGINNING OF
THE FISCAL YEAR EXCEEDS $3,000,000, UP TO 50 PERCENT OF THAT
BEGINNING BALANCE MAY BE EXPENDED DURING THAT FISCAL YEAR.

(2) THE SPENDING LIMITATION IN PARAGRAPH (1) OF THIS
SUBSECTION DOES NOT APPLY IF:

(I) AN ENERGY EMERGENCY IS DECLARED BY THE
GOVERNOR AS PROVIDED IN ARTICLE 41, § 15B(C-1) OF THE CODE, AND
THEN ONLY FOR PURPOSES OF SUBSECTION (A)(1) OF THIS SECTION;

(II) IT IS IN CONFLICT WITH A CONDITION OF
ACCEPTANCE OF OIL OVERCHARGE REFUNDS: OR

(III) TO THE EXTENT THAT THE

GRAMM-RUDMAN-HOLLINGS DEFICIT REDUCTION LAW (PL 99-177) REDUCES
FEDERAL FUNDS, THE BOARD MAY EXCEED THE PRINCIPAL EXPENDITURE
LIMITATIONS TO THE EXTENT OF THAT REDUCTION.

(c)  Except in the event of an energy emergency declared by
the Governor OR A CONFLICT WITH A CONDITION OF ACCEPTANCE OF OIL
OVERCHARGE REFUNDS AND TO THE EXTENT NOT INCONSISTENT WITH
APPLICABLE FEDERAL LAW, REGULATIONS, OR RELEVANT JUDICIAL
DECISIONS, in the expenditure of funds from the Trust Fund,
priority shall be given to low-income residential weatherization
programs to the extent practicable and permitted by law MAXIMUM
EXTENT THAT FUNDS CAN BE USED FOR COST-EFFECTIVE LOW-INCOME
RESIDENTIAL WEATHERIZATION.

(d)  (1) Disbursements from the Trust Fund to programs
funded by the State or with federal funds administered by the
State shall be used solely to supplement, and not to supplant,
the existing and planned funding for the recipient programs.
FUNDS OTHERWISE AVAILABLE FOR SUCH PROGRAMS UNDER FEDERAL OR
STATE LAW.