Montgomery County Register
August 1, 2012 Repealed Executive Regulations
MCER NO. 12-10: REPEALED DEPARTMENT OF FINANCE REGULATION
Excise Tax on Major Emitters of Carbon Dioxide
SUMMARY: Bill 21-10 added to the laws of Montgomery County a tax on major emitters of carbon dioxide. The Bill also directed that regulations be issued consistent with the new law. Executive Regulation 12-10 was issued, adopted by Council Resolution 16-1550. Mirant Mid-Atlantic LLC, now known as Genon Mid-Atlantic LLC, the only entity within the County subject to the new tax, challenged the law. The Court found that the tax was not a "tax", but a "fee". As a result of the Court's decision, the County Council repealed the law by Bill 24-11. Since the tax was repealed, the Executive requested the repeal of Executive Regulation 12-10 because it is obsolete.
ACTION: Executive Regulation 12-10 was repealed by the County Council effective July 10, 2012.
AUTHORIZATION AND PROCEDURAL METHOD: Bill 24-11.
COPIES OF THE REGULATION: A copy of the repealed regulation may be obtained from Robert Hagedoorn, Department of Finance, Treasury Division, 255 Rockville Pike, suite L-15, Rockville, MD 20850, 240-777-8887, TTY 240-773-3556.