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Ch. 568
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Martin O'Malley, Governor
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(3) IN CONSIDERING THE NEW OR AMENDED STANDARDS, THE
ADMINISTRATION SHALL ADOPT THE PROPOSE NEW OR AMENDED EFFICIENCY
STANDARDS IF IT DETERMINES THAT ANY NEW OR INCREASED EFFICIENCY
STANDARDS WOULD:
(I) SERVE TO PROMOTE ENERGY CONSERVATION IN THE
STATE; AND WOULD
(II) BE LIFE-CYCLE COST EFFECTIVE FOR CONSUMERS WHO
PURCHASE AND USE THE NEW PRODUCTS; AND
(III) BE TECHNOLOGICALLY FEASIBLE AND ECONOMICALLY
JUSTIFIED.
(4) A NEW OR INCREASED EFFICIENCY STANDARD MAY NOT
BECOME EFFECTIVE LESS THAN 1 YEAR AFTER THE ADOPTION OF THAT
STANDARD.
(5) THE SUBJECT TO PARAGRAPHS (6) AND (7) OF THIS
SUBSECTION, THE ADMINISTRATION MAY APPLY FOR A WAIVER OF FEDERAL
PREEMPTION IN ACCORDANCE WITH FEDERAL PROCEDURES
(42 U.S.C. § 6297 (D)) FOR STATE EFFICIENCY STANDARDS FOR ANY PRODUCT
REGULATED BY THE FEDERAL GOVERNMENT.
(6) THE ADMINISTRATION MAY APPLY FOR A WAIVER UNDER
PARAGRAPH (5) OF THIS SUBSECTION, IF:
(I) AT LEAST 90 DAYS BEFORE THE DAY ON WHICH THE
APPLICATION FOR THE WAIVER IS SUBMITTED TO THE FEDERAL GOVERNMENT,
THE ADMINISTRATION ANNOUNCES ITS INTENTION TO SUBMIT THE
APPLICATION BY PUBLICATION IN THE MARYLAND REGISTER AND WRITING TO
THE PRESIDING OFFICERS OF THE GENERAL ASSEMBLY; AND
(II) AT LEAST 60 DAYS BEFORE THE DAY ON WHICH THE
APPLICATION FOR THE WAIVER IS SUBMITTED TO THE FEDERAL GOVERNMENT,
THE ADMINISTRATION, AFTER REASONABLE NOTICE OTHER THAN PUBLICATION
IN THE MARYLAND REGISTER, SHALL HOLD A PUBLIC HEARING ON THE
PROPOSED APPLICATION TO RECEIVE PUBLIC COMMENT.
(7) THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
HOUSE OF DELEGATES MAY DIRECT THAT THE APPROPRIATE STANDING
COMMITTEES OF THE GENERAL ASSEMBLY HOLD HEARINGS ON THE PROPOSED
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- 3727 -
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