§ 8-402

# (a)

A franchise tax, measured by gross receipts, is imposed, for each calendar year, on each public service company:

# (1)

engaged in a telephone business in the State; or

# (2)

engaged in the transmission, distribution, or delivery of electricity or natural gas in the State.

# (b)

The tax imposed under subsection (a) of this section does not apply to a public service company that is:

# (1)

a county;

# (2)

a municipal corporation;

# (3)

a nonprofit electric cooperative; or

# (4)

a public–private partnership formed for the generation of clean or renewable energy if:

(i) 30% or more of the electricity generated through the public–private partnership is purchased by the public partner; and

(ii) the clean or renewable energy generating station is sited on an eligible clean and renewable energy generation site as determined by the Department of the Environment, including:
1. rooftops;
2. parking lots;
3. landfills;
4. brownfields sites;
5. voluntary cleanup program sites;
6. reclaimed mines;
7. Superfund sites; and
8. sediment or retention ponds.

# (c)

The Department of the Environment may adopt regulations regarding the determination of eligible clean or renewable energy generation sites under subsection (b)(4) of this section.