Ch. 488

2004 LAWS OF MARYLAND

2. FOR OTHER STATES, JURISDICTIONS FOR WHICH THE
ELECTRICITY SUPPLIER DEMONSTRATES RECYCLING SUBSTANTIALLY COMPARABLE
TO THAT REQUIRED UNDER § 9-505 OF THE ENVIRONMENT ARTICLE, IN
ACCORDANCE WITH REGULATIONS OF THE COMMISSION.

(III) AN ELECTRICITY SUPPLIER MAY REPORT CREDITS RECEIVED
UNDER THIS PARAGRAPH BASED ON COMPLIANCE BY THE FACILITY WITH THE
PERCENTAGE REQUIREMENT OF SUBPARAGRAPH (II) OF THIS PARAGRAPH DURING
THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE ELECTRICITY
SUPPLIER RECEIVES THE CREDIT TO APPLY TO THE STANDARD.

7-705.

(A)     EACH ELECTRICITY SUPPLIER SHALL SUBMIT A REPORT TO THE
COMMISSION EACH YEAR IN A FORM AND BY A DATE SPECIFIED BY THE COMMISSION
THAT:

(1)      DEMONSTRATES THAT THE ELECTRICITY SUPPLIER HAS COMPLIED
WITH THE APPLICABLE RENEWABLE ENERGY PORTFOLIO STANDARD UNDER § 7-703
OF THIS SUBTITLE AND INCLUDES THE SUBMISSION OF THE REQUIRED AMOUNT OF
RENEWABLE ENERGY CREDITS; OR

(2)      DEMONSTRATES THE AMOUNT OF ELECTRICITY SALES BY WHICH
THE ELECTRICITY SUPPLIER FAILED TO MEET THE APPLICABLE RENEWABLE
ENERGY PORTFOLIO STANDARD.

(B)     IF AN ELECTRICITY SUPPLIER FAILS TO COMPLY WITH THE RENEWABLE
ENERGY PORTFOLIO STANDARD FOR THE APPLICABLE YEAR, THE ELECTRICITY
SUPPLIER SHALL PAY INTO THE MARYLAND RENEWABLE ENERGY FUND
ESTABLISHED UNDER § 7-706 § 7-707 OF THIS SUBTITLE A COMPLIANCE FEE OF:

(1)      EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
COMPLIANCE FEE OF:

(I)      2 CENTS FOR EACH KILOWATT-HOUR OF SHORTFALL FROM
REQUIRED TIER 1 RENEWABLE SOURCES; AND

(II)     1.5 CENTS FOR EACH KILOWATT-HOUR OF SHORTFALL FROM
REQUIRED TIER 2 RENEWABLE SOURCES; OR

(2)      FOR INDUSTRIAL PROCESS LOAD:

(I) 1 CENT FOR EACH KILOWATT-HOUR OF SHORTFALL FROM
REQUIRED TIER 1 RENEWABLE SOURCES; AND

(II) 0.75 CENT FOR EACH KILOWATT HOUR OF SHORTFALL FROM
REQUIRED TIER 2 RENEWABLE SOURCES.

(I) FOR EACH KILOWATT-HOUR OF SHORTFALL FROM REQUIRED
TIER 1 RENEWABLE SOURCES:

1. 0.8 CENTS IN 2006, 2007, AND 2008;
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