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Ch. 120
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Martin O'Malley, Governor
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(i) for an energy producer, be in an amount equal to the lesser
of:
1. the product of multiplying 5 times the taxpayer's
estimated annual tax credit, based on estimated annual energy production, as certified
by the Administration; or
2. $2,500,000.
(4) The Administration may not issue initial credit certificates for
maximum credit amounts in the aggregate totaling more than $25,000,000.
(5) The Administration shall approve all applications that qualify for
an initial credit certificate under this subsection on a first-come, first-served basis.
(6) If a taxpayer over a 3-year period does not claim on average at
least 10% of the maximum credit amount stated in the initial credit certificate, the
Administration at its discretion may cancel an amount of the taxpayer's initial credit
certificate equal to the product of multiplying:
(i) the amount of the credit on average that was not claimed
over the 3-year period; and
(ii) the remaining number of tax years that the taxpayer is
eligible to take the credit.
(7) An applicant for an initial credit certificate or a taxpayer whose
credits have been canceled under paragraph (6) of this subsection, may appeal a
decision by the Administration to the Office of Administrative Hearings in accordance
with Title 10, Subtitle 2 of the State Government Article.
(8) The Administration may not issue an initial credit certificate after
December 31, 2010.
SECTION 2. AND BE IT FURTHER ENACTED. That, in recognition of the
value of small distributed generation to the reliable and cost-effective operation of the
grid, the Public Service Commission shall:
(1) form a small generator interconnections workgroup to develop
interconnection standards and procedures for on-site generator facilities operating in
Maryland that are consistent with nationally adopted interconnection standards and
procedures; and
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- 1145 -
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