Ch. 792

LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 81 - Revenue and Taxes

131.

(C) A COMPANY, INCLUDING A MULTIJURISDICTIONAL COMPANY,
SHALL RECEIVE A CREDIT AGAINST THE TAX IMPOSED BY § 130 OF THIS
ARTICLE IN THE AMOUNT OF $3 FOR EACH TON OF MARYLAND-MINED COAL
THAT THE COMPANY PURCHASED IN THE CALENDAR YEAR IN EXCESS OF THE
NUMBER OF TONS OF MARYLAND MINED COAL THAT THE COMPANY PURCHASED
IN 1987 1986. THIS CREDIT SHALL REDUCE THE COST OF COAL FOR THE
PURPOSE OF FUEL RATE ADJUSTMENTS.

(D) A COMPANY ELIGIBLE FOR A CREDIT UNDER SUBSECTION (C) OF
THIS SECTION SHALL BE ELIGIBLE TO RECEIVE THAT CREDIT FOR ENERGY:

(1) THAT WAS PURCHASED FROM A COGENERATOR THAT IS NOT
ELIGIBLE FOR THE CREDIT UNDER SUBSECTION (C) OF THIS SECTION;

(2) THAT WAS PRODUCED BY MARYLAND MINED COAL; AND

(3) IF THE COMPANY FILES A CERTIFIED STATEMENT, MADE
UNDER PENALTY OF PERJURY PURSUANT TO § 5 OF THIS ARTICLE, THAT
STATES THE EXACT AMOUNT OF MARYLAND MINED COAL USED TO PRODUCE
THE ENERGY THAT WAS PURCHASED FROM THE COGENERATOR:

(1) IN THE CALENDAR YEAR IN EXCESS OF THE NUMBER OF
TONS OF MARYLAND-MINED COAL THAT THE COMPANY PURCHASED IN 1986;

OR                                                     

(2) IN THE FORM OF ENERGY:

(I)   FROM A COGENERATOR THAT IS NOT ELIGIBLE FOR
THE CREDIT UNDER PARAGRAPH (1) OF THIS SUBSECTION;------------------

(II)   THAT WAS PRODUCED BY MARYLAND-MINED COAL
THAT THE COGENERATOR PURCHASED IN THE CALENDAR YEAR IN EXCESS OF
THE AMOUNT OF MARYLAND-MINED COAL THAT THE COGENERATOR PURCHASED
IN 1986 AND FOR WHICH THE COMPANY, INCLUDING A
MULTIJURISDICTIONAL COMPANY, FILES A STATEMENT OF OATH FROM THE
COGENERATOR THAT CERTIFIES THE INFORMATION SUBSTANTIATING THE
CREDIT, AS REQUIRED BY THE DEPARTMENT; AND---------------------------

(III) IF THE COMPANY, INCLUDING A
MULTIJURISDICTIONAL COMPANY, PURCHASED AT LEAST AS MANY TONS OF
MARYLAND-MINED COAL AS IN 1986.----------------------------------------

(E) (D) IN THIS SECTION, "COGENERATOR" MEANS A COGENERATOR
OR QUALIFYING COGENERATOR OR QUALIFYING SMALL POWER PRODUCER AS
DETERMINED BY THE FEDERAL ENERGY REGULATORY COMMISSION UNDER THE
PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978.

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