Ch. 472

2004 LAWS OF MARYLAND

(b)     After making the [distribution] DISTRIBUTIONS allowed under subsection
(a) of this section, the Secretary shall distribute the remainder of the net proceeds of
the Fund as follows:

(1)     50% to the Chesapeake Bay Trust established under § 8-1901 of this
article, to be used by the Trust only as provided in § 1-704 of this subtitle; and

(2) 50% to an endangered species account, to be used only to conserve
nongame, threatened and endangered species as provided in § 1-705 of this subtitle.

3-302.

(a) There is an Environmental Trust Fund. For the purpose of this subtitle,
there is established as an added cost of electricity distributed to retail electric
customers within the State, an environmental surcharge per kilowatt hour of electric
energy distributed in the State to be paid by any electric company as defined in §
1-101 of the Public Utility Companies Article. The Public Service Commission shall
impose the surcharge per kilowatt hour of electric energy distributed to retail electric
customers within the State and shall authorize the electric companies to add the full
amount of the surcharge to retail electric customers' bills. To the extent that the
surcharge is not collected from retail electric customers, the surcharge shall be
deemed a cost of distribution and shall be allowed and computed as such, together
with other allowable expenses, for rate-making purposes. Revenues from the
surcharge shall be collected by the Comptroller and placed in the Fund.

(c)     (1) The Secretary shall administer the Fund. The Fund is subject to the
provisions for financial management and budgeting established by the Department of
Budget and Management. [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE moneys in the Fund shall be used to carry out the provisions of this
subtitle as provided for in the budget, except that 10% of all 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. 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.

(2)      MONEYS IN THE FUND MAY BE USED FOR ADMINISTRATE COSTS
CALCULATED IN ACCORDANCE WITH § 1-103(B)(2) OF THIS ARTICLE.

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