Ch. 181

2004 LAWS OF MARYLAND

Environmental Trust Fund by each electric company an amount equal to 0.75% of the
total surcharge attributed to each company on the basis of the electricity distributed
within Maryland.

(c)     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 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.

(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 appropriations 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.

Article - Public Utility Companies

7-203.

(a) (1) The Commission shall:

(i) impose an environmental surcharge per kilowatt hour of
electricity distributed to retail electric customers within the State; and

(ii) authorize each electric company to add the full amount of the
surcharge to its customers' bills.

(2) To the extent that an electric company fails to collect the surcharge
from its customers, the amount uncollected shall be deemed a cost of power
distribution and allowed and computed as such together with other allowable
expenses for purposes of rate-making.

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