Ch. 526

LAWS OF MARYLAND

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of
Maryland read as follows:

Article - State Finance and Procurement

7-315.

(A)  THERE IS AN ENERGY OVERCHARGE RESTITUTION FUND.

(B)  (1) THE FUND IS A CONTINUING, NONLAPSING FUND THAT IS
NOT SUBJECT TO THE PROVISIONS OF § 7-302 OF THIS SUBTITLE.

(2)  THERE SHALL BE CREDITED TO THE FUND:

(I)  ALL FEDERAL FUND REVENUES CONSISTING OF
REFUNDS RECEIVED BY THE STATE FROM ANY SOURCE AS A DIRECT OR
INDIRECT RESULT OF LITIGATION OR ADMINISTRATIVE PROCEEDINGS
PROSECUTED BY THE U.S. DEPARTMENT OF ENERGY TO REDRESS VIOLATIONS
OF FEDERAL PETROLEUM PRICING REGULATIONS UNDER THE EMERGENCY
PETROLEUM ALLOCATION ACT, 15 U.S.C. §§ 751 THROUGH 756, AND THE
ENERGY POLICY AND CONSERVATION ACT, 15 U.S.C. §§ 757 THROUGH
760H; AND

(II)  ALL SPECIAL FUND REVENUES RECEIVED AND
ACCEPTED AS A GIFT UNDER § 2-201 OF THIS ARTICLE THAT ARE
EXPRESSLY GIVEN FOR- THE PURPOSE OF ENERGY ASSISTANCE OR
WEATHERIZATION FOR INDIVIDUALS IN THIS STATE.

(3)  REVENUES RECEIVED BY THE STATE AS A RESULT OF
CLAIMS REPRESENTING PURCHASES BY THE STATE ARE EXCLUDED FROM THE
FUND.

(C)  THE TREASURER SHALL:

(1)  INVEST AND REINVEST THE FUND IN THE SAME MANNER
AS OTHER STATE FUNDS; AND

(2)  CREDIT ANY INVESTMENT EARNINGS TO THE FUND.

(D)   EXPENDITURES FROM THE FUND SHALL BE MADE BY:

(1)  AN APPROPRIATION IN THE ANNUAL STATE BUDGET; OR

(2)  BY BUDGET AMENDMENT IN ACCORDANCE WITH § 7-209 OF
THIS ARTICLE, PROVIDED THAT ANY BUDGET AMENDMENT SHALL BE
SUBMITTED TO AND APPROVED BY LEGISLATIVE POLICY COMMITTEE PRIOR
TO THE EXPENDITURE OR OBLIGATION OF FUNDS.

(E)   IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (F) OF
THIS SECTION, THE SECRETARY OF BUDGET AND FISCAL PLANNING OR THE
DESIGNEE OF THE SECRETARY SHALL:

(1) ADMINISTER THE FUND;

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