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Montgomery County Register

May 1, 2012 Executive Regulation Proposed for Repeal

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MCER NO. 12-10:  PROPOSED REPEAL OF 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  As a result of the Court's decision, the County Council repealed the law by Bill 24-11.  Since the tax was repealed, the Executive is proposing the repeal of Executive Regulation 12-10 because it is obsolete.

COMMENTS:  Written comments must be submitted by May 30, 2012, to Robert Hagedoorn, Department of Finance, Treasury Division, 255 Rockville Pike, suite L-15, Rockville, MD 20850, 240-777-8887, TTY 240-773-3556.  Email:  robert.hagedoorn@montgomerycountymd.gov

AUTHORIZATION AND PROCEDURAL METHOD:  2011 Laws of Montgomery County Chapter 15, Method 2.

COPIES OF THE REGULATION:  A copy of the 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. Email:  robert.hagedoorn@montgomerycountymd.gov


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