Maryland Code § PU-4-309

Section PU-4-309
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(a) (1) In this section the following words have the meanings indicated.
(2) "Eligible limited-income customer" means a residential customer
of a utility company with annual income that:
(i) 1. is at or below 175% of the federal poverty level; or
2. for a customer at least 67 years of age, is at or below
200% of the federal poverty level; or
(ii) meets a broader designation approved by the Commission.
(3) "Limited-income mechanism" or "mechanism" means a process
approved by the Commission under this section to benefit an eligible limited-income
customer of a utility company.
(4) "Payment plan" means an agreement between an eligible limited-
income customer and a utility company to pay an arrearage balance over a specific
period of time to avoid disconnection of a utility service.

(5) (i) "Utility company" means an electric company, a gas and
electric company, or a gas company.
(ii) "Utility company" does not include a small rural electric
cooperative.
(b) The General Assembly finds and declares that the societal benefits of a
well-constructed limited-income mechanism to benefit Maryland's eligible limited-
income customers are in the public interest.
(c) (1) Subject to the approval of the Commission, a utility company
shall adopt a limited-income mechanism to benefit an eligible limited-income
customer.
(2) Notwithstanding § 4-503(b) of this title, the mechanism may take
the form of a program, tariff provision, credit, rate, rider, or other means to assist an
eligible limited-income customer to afford a utility service.
(3) A municipal electric utility may adopt a limited-income
mechanism subject to the approval of the Commission in the same manner as a utility
company in accordance with this section.
(d) (1) A utility company that proposes a limited-income mechanism for
Commission approval under subsection (c) of this section shall include the proposal
in:
(i) a separate application for approval of the mechanism; or
(ii) only with the prior approval of the Commission, an
application for a base rate proceeding, including an alternative rate proceeding, or
any other proceeding to alter the utility company's base rates under the authority of
the Commission.
(2) A proposal submitted under this section shall allocate the
prudently incurred costs of the limited-income mechanism across rate classes.
(3) The proposal shall include:
(i) a detailed description of the proposed mechanism;
(ii) the proposed method for allocating the mechanism's costs
across customer classes;

(iii) the rationale supporting the utility company's proposal for
a mechanism to benefit the eligible limited-income customers in the utility company's
service territory;
(iv) a time frame and process for the Commission to review the
effectiveness of the mechanism after implementation; and
(v) any other information the Commission considers necessary
or useful to evaluate the proposal.
(e) In evaluating a limited-income mechanism, the Commission shall
consider:
(1) the degree to which the mechanism promotes affordability of
electricity or natural gas for limited-income customers;
(2) the public interest in allocating the costs of the mechanism
between the utility company's shareholders and rate payers;
(3) the impact on rates, utility operating costs, customer arrearages,
customer disconnections, uncollectible costs, and successful completion of payment
plans;
(4) the ability of a limited-income customer to continue to receive
benefits when relocating within the same service territory;
(5) coordination of benefits under the mechanism with any other
public or private assistance that may be available to the customer;
(6) a minimum level of support or assistance structure to provide
equitable availability of limited-income assistance across the State; and
(7) any other information the Commission considers appropriate.
(f) If an approved limited-income mechanism requires that the Office of
Home Energy Programs must certify an eligible limited-income customer's
qualifications to participate in a limited-income mechanism, the Office shall certify
an eligible limited-income customer's qualifications before the customer may
participate in the mechanism.
(g) An eligible limited-income customer who participates in a mechanism
under this section may also be eligible for other assistance programs offered in the
State, including those offered by a utility company or the Office of Home Energy

Programs, the Department of Housing and Community Development, or any other
public or private source.

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