2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 7-315 - Energy Overcharge Restitution Fund

§7-315.

(a) There is an Energy Overcharge Restitution Fund.

(b) (1) The Fund is a continuing, nonlapsing fund that is not subject to the provisions of § 7-302 of this subtitle.

(2) There shall be credited to the Fund:

(i) all federal fund revenues consisting of refunds received by the State from any source as a direct or indirect result of litigation or administrative proceedings prosecuted by the U.S. Department of Energy to redress violations of federal petroleum pricing regulations under the Emergency Petroleum Allocation Act, 15 U.S.C. §§ 751 through 756, and the Energy Policy and Conservation Act, 15 U.S.C. §§ 757 through 760H; and

(ii) all special fund revenues received and accepted as a gift under § 2-201 of this article that are expressly given for the purpose of energy assistance or weatherization for individuals in this State.

(3) Revenues received by the State as a result of claims representing purchases by the State are excluded from the Fund.

(c) The Treasurer shall:

(1) invest and reinvest the Fund in the same manner as other State funds; and

(2) credit any investment earnings to the Fund.

(d) Expenditures from the Fund shall be made by:

(1) an appropriation in the annual State budget; or

(2) a budget amendment in accordance with § 7-209 of this title, provided that any budget amendment shall be submitted to and approved by the Legislative Policy Committee prior to the expenditure or obligation of funds.

(e) In accordance with the provisions of subsection (f) of this section, the Director of the Maryland Energy Administration or the designee of the Director shall:

(1) administer the Fund;

(2) develop plans, prepare and submit proposals to the Governor for Fund use, and undertake any action that is necessary to obtain for the Fund all energy overcharge refunds and judgment awards to which the citizens of the State have a legal entitlement;

(3) assess and determine the respective needs of the citizens of the State and develop recommendations for the allocation and disbursement of funds in accordance with those needs pursuant to the provisions of subsection (f) of this section;

(4) conduct public hearings at least twice a year at times and places the Director or the designee of the Director determines; and

(5) perform other duties as may be assigned by the Governor.

(f) (1) The Fund shall be expended subject to any restrictions on its use or other limitations on its allocation that are:

(i) expressly provided by statute; or

(ii) required as a condition of the acceptance of funds.

(2) The Fund shall be expended:

(i) for emergency energy assistance provided under § 5-5A-07(a) of the Human Services Article;

(ii) for energy assistance programs provided under § 5-5A-07(b) of the Human Services Article;

(iii) for energy assistance and weatherization programs provided under § 4-211(c) of the Housing and Community Development Article and Title 9, Subtitle 20 of the State Government Article;

(iv) for energy extension service and low-income home-energy programs provided under 42 U.S.C. §§ 7001 through 7011 and 8621 through 8629;

(v) for other energy assistance or weatherization programs meeting the federal restitutive objectives governing the distribution of overcharge refunds to the states;

(vi) for any other program within the definition of “energy conservation programs” as provided by Pub. L. No. 97-377, 96 Stat. 1830, § 155 (1982) and subsequent amendments, including the State Energy Efficiency Programs Improvement Act of 1990, Pub. Law No. 101-440;

(vii) for energy efficiency and economic development loans provided under Title 9, Subtitle 20A of the State Government Article; or

(viii) for any other purpose required as a condition of their acceptance.

(3) In addition to the provisions of paragraph (2) of this subsection, priority shall be given to the energy assistance and weatherization programs.

(4) Disbursements from the Fund to programs funded by the State or with federal funds administered by the State shall be used solely to supplement, and not to supplant, funds otherwise available for such programs under federal or State law.