Ch. 487                                    2004 LAWS OF MARYLAND

(2)      SHALL BE DISCLOSED TO CUSTOMERS IN A MANNER TO BE
DETERMINED BY THE COMMISSION; AND

(3)      MAY NOT INCLUDE THE COSTS FOR A POWER PURCHASE CONTRACT
UNDER THE FEDERAL PUBLIC UTILITY REGULATORY POLICY ACT CONTEMPLATED IN
RATES OR RESTRUCTURING PROCEEDINGS.

(D) (1) IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE
COMMISSION IN CONSULTATION WITH THE DEPARTMENT OF BUSINESS AND
ECONOMIC DEVELOPMENT, THE COMMISSION MAY WAIVE THE RECOVERY OF ALL OR
PART OF THE COMPLIANCE FEE ASSESSED ON THE LOAD OF A PARTICULAR
INDUSTRIAL OR NONRETAIL COMMERCIAL CUSTOMER FOR A PARTICULAR YEAR
BASED ON A DEMONSTRATION BY THE APPLICANT OF AN EXTREME ECONOMIC
HARDSHIP THAT SIGNIFICANTLY IMPAIRS THE CONTINUED OPERATION OF THE
APPLICANT.

(2) ANY COMPLIANCE FEE RECOVERY THAT IS WAIVED UNDER THIS
SUBSECTION MAY NOT BE ASSESSED AGAINST OTHER CUSTOMERS.

(3) AN ELECTRICITY SUPPLIER IS NOT LIABLE FOR ANY COMPLIANCE
FEE THAT IS WAIVED UNDER THIS SUBSECTION.

7-707.

(A)     THERE IS A MARYLAND RENEWABLE ENERGY FUND.

(B)     THE PURPOSE OF THE FUND IS TO ENCOURAGE THE DEVELOPMENT OF
RESOURCES TO GENERATE RENEWABLE ENERGY IN THE STATE.

(C)     SUBJECT TO OVERSIGHT BY THE COMMISSION, THE ADMINISTRATION
SHALL ADMINISTER THE FUND.

(D)     (1) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT
TO § 7-302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.

(2) THE TREASURER SHALL HOLD THE FUND SEPARATELY AND THE
COMPTROLLER SHALL ACCOUNT FOR THE FUND.

(E)     THE FUND CONSISTS OF:

(1)      COMPLIANCE FEES PAID UNDER § 7-705 OF THIS SUBTITLE;

(2)      PAYMENTS RECEIVED IN REPAYMENT OF A LOAN;

(3)      INVESTMENT EARNINGS OF THE FUND; AND

(4)      ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR THE
BENEFIT OF THE FUND.

(F)     (1) THE FUND MAY BE USED ONLY TO MAKE LOANS AND GRANTS TO
SUPPORT THE CREATION OF NEW TIER 1 RENEWABLE ENERGY SOURCES IN THE
STATE.

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