Maryland Code, Tax-General § 10-704.1

(a)(1) In this section the following words have the meanings indicated.

(2) “Cogenerator” means a qualifying cogenerator or qualifying small power producer as determined by the Federal Energy Regulatory Commission under the Public Utility Regulatory Policies Act of 1978.  1

(3) “Electricity supplier” has the meaning stated in § 1-101 of the Public Utilities Article.

(1) a cogenerator or electricity supplier that is subject to the public service company franchise tax; or

(2) an electricity supplier that, before July 1, 1999, was not an electric company as defined in § 1-101 of the Public Utilities Article as in effect on June 30, 1999, unless the electricity supplier is an affiliate of such an electric company.

(d)(1) A cogenerator or electricity supplier may only apply the credit against the State income tax for the taxable year in which the credit was earned.

(2) The amount of the credit may not exceed the State income tax for that taxable year.

(3) The total amount of credits approved under this section shall be subject to the limitations in § 8-406(b)(2)(iv), (v), and (vi) of this article.