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§ 7-203. Environmental surcharges

West's Annotated Code of MarylandPublic UtilitiesEffective: June 1, 2019

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 7. Gas, Electric, and Water Companies (Refs & Annos)
Subtitle 2. Electric Generation Facility Planning (Refs & Annos)
Effective: June 1, 2019
MD Code, Public Utilities, § 7-203
Formerly cited as MD PUBLIC UTIL COMP § 7-203
§ 7-203. Environmental surcharges
In general
(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.
Collection by Comptroller
(b)(1) The Comptroller shall collect the revenue from the surcharge imposed under subsection (a) of this section and place the revenue into a special fund, the Environmental Trust Fund.
(2) The Comptroller shall maintain the method of collection of the surcharge from each electric company, and the money collected shall accrue to the Fund.
Budget proposal and approval
(c)(1) Each fiscal year, the Secretary of Natural Resources shall coordinate the preparation of the annual budget required to carry out the provisions of the Power Plant Research Program under Title 3, Subtitle 3 of the Natural Resources Article.
(2) Each fiscal year, on approval of the annual budget by the General Assembly for the Power Plant Research Program, the Commission shall establish the amount of the environmental surcharge per kilowatt hour of electric energy distributed in the State that is to be imposed on each electric company in accordance with subsection (a) of this section.
Amount of surcharge
(d)(1) Notwithstanding any other provision of this subtitle, the amount of the surcharge for each account of each retail electric customer may not exceed the lesser of 0.15 mill per kilowatt hour or $1,000 per month.
(2) The Department of Natural Resources shall credit against the amount the Commission requires each electric company to pay into the Environmental Trust Fund 0.75% of the total surcharge amount attributed to the electric company on the basis of the amount of the electricity distributed in the State.
Estimate of total kilowatt hours of electricity
(e) To the extent that the Commission requires an electric company to report the total estimated kilowatt hours of electricity distributed in the State in order to calculate the surcharge under subsection (a)(1) of this section, a small rural electric cooperative described in § 7-502(a) of this title may satisfy the requirement by submitting to the Commission an estimate made in accordance with a formula approved by the Commission from information that the small rural electric cooperative submits to the rural utilities service that includes the required information.
Termination of surcharge
(f) The surcharge imposed under this subtitle shall terminate on June 30, 2030.


Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998. Amended by Acts 1999, c. 3, § 3; Acts 1999, c. 4, § 3; Acts 2002, c. 440, § 14, eff. July 1, 2002; Acts 2003, c. 101, § 1, eff. July 1, 2003; Acts 2004, c. 181, § 1, eff. Oct. 1, 2004; Acts 2009, c. 167, § 1, eff. Oct. 1, 2009; Acts 2013, c. 434, § 1, eff. Oct. 1, 2013; Acts 2013, c. 435, § 1, eff. Oct. 1, 2013; Acts 2019, c. 393, § 1, eff. June 1, 2019.
Formerly Art. 78, § 54B.
MD Code, Public Utilities, § 7-203, MD PUBLIC UTIL § 7-203
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document