moneys accruing to the Fund from July 1, 1978 through June 30, 1983 shall be used
to supplement funds necessary to carry out the duties of the People's Counsel of the
Public Service Commission. The People's Counsel shall submit an annual budget of
necessary supplemental funds to the Department to be incorporated in the
Department's budget. For the purposes of this subtitle, the Secretary, in consultation
with the Director of the Maryland Energy Administration, may execute appropriate
contracts with any State or federal agency, research organization, industry, or
academic institution to conduct the necessary research, construct or acquire, or both,
real property including physical predictive models, laboratories, buildings, land, and
appurtenances, or support the technological development of extraordinary systems
related to power plants designed to minimize environmental impact. [He] THE
SECRETARY may utilize available expertise in any other State unit in the
development, execution, and management of contracts and agreements on projects
relating to their areas of prime responsibility.

(d) (1) The Maryland Energy Administration shall receive administrative
and fiscal support from the Fund for studies relating to the conservation or
production of electric energy.

(2) Fiscal support to the Maryland Energy Administration from the
Fund may not exceed $250,000 in any fiscal year.

(e) The Legislative Auditor shall conduct post audits of a fiscal and
compliance nature of the Fund and of the appropriation and expenditures made for
the purposes of this subtitle. The cost of the fiscal portion of the post audit
examinations shall be an operating cost of the Fund.

SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
take effect on July 1, 2000; provided that, if the Public Service Commission delays
implementation of customer choice in accordance with the provisions of § 7-510(b) of
the Public Utilities Article, as enacted by this Act, the surcharge funding the
Environmental Trust Fund under 7-203 of the Public Utility Companies Article
shall continue to bo collected as a per kilowatt hour surcharge on electricity
generated within the State until customer choice is implemented.

SECTION 2. 4. AND BE IT FURTHER ENACTED, That Section(s) 4-403 of the
Public Utility Companies Article of the Annotated Code of Maryland be repealed. Any
not accumulated over recovery or under recovery of actual fuel costs by each electric
company as of the initial implementation date under Title 7, Subtitle 5 of the Public
Utility Companies Article, as enacted by this Act, shall be credited or debited, as
appropriate, to the electric company's rates and shall be refunded or collected, as
appropriate, over a period not to exceed 12 months.

SECTION 3. 5. AND BE IT FURTHER ENACTED, That if any provision of this
Act or the application thereof to any person or circumstance is held invalid for any
reason in a court of competent jurisdiction, the invalidity does not affect other
provisions or any other application of this Act which can be given effect without the
invalid provision or application, and for this purpose the provisions of this Act are
declared severable.