Ch. 488                                    2004 LAWS OF MARYLAND

(2)      THERE ARE INSUFFICIENT TIER 1 RENEWABLE SOURCES AVAILABLE
FOR THE ELECTRICITY SUPPLIER TO COMPLY WITH A RENEWABLE ENERGY
PORTFOLIO STANDARD; OR

(3)     A WHOLESALE ELECTRICITY SUPPLIER DEFAULTS OR OTHERWISE
FAILS TO DELIVER RENEWABLE ENERGY CREDITS UNDER A SUPPLY CONTRACT
APPROVED BY THE COMMISSION.

(C)     ANY COST RECOVERY UNDER THIS SECTION:

(1)      FOR ALL ELECTRICITY SUPPLIERS, MAY BE IN THE FORM OF A
GENERATION SURCHARGE PAYABLE BY ALL CURRENT ELECTRICITY SUPPLY
CUSTOMERS, EXCEPT AS OTHERWISE PROVIDED IN § 7-704(F) OF THIS SUBTITLE;

(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 IN A YEAR BASED ON
HARDSHIP 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:

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