Md. Code Ann., Pub. Util. § 4-504
Recovery of certain costs prohibited; cost limitations on expenditures
Effective May 12, 2026Added by Acts 2025, c. 625, § 3, eff. June 1, 2025; Acts 2025, c. 626, § 3, eff. June 1, 2025. Amended by Acts 2026, c. 353, § 5, eff. May 12, 2026.State of Maryland
(a)
- (1) In this section the following words have the meanings indicated.
(2)
- (i) “Bonus” means a form of direct or indirect payment, consideration, or compensation that is paid or conveyed to an employee of a public service company in addition to the employee's base pay.
(ii) “Bonus” includes:
- 1. compensation that the public service company does not formally label as a bonus payment;
- 2. any form of incentive compensation the fact and amount of which is under the discretion of the public service company until a time close to the end of the period for which the incentive payment is paid; and
- 3. payments given in addition to base pay that are contingent on the occurrence of one or more events or conditions.
(3)
- (i) “Compensation” means a form of payment or consideration conveyed to or for the benefit of an employee of a public service company, the parent company of a public service company, or any other affiliate of a public service company in connection with the employee's work for a public service company.
(ii) “Compensation” includes:
- 1. direct and indirect methods of conferring benefits;
- 2. cash and noncash benefits;
- 3. salary, bonuses, period payments, and severance pay; and
- 4. the value of a perquisite, compensatory or paid leave, or other benefit not excluded under subparagraph (iii) of this paragraph.
- (iii) “Compensation” does not include any expenditure of a public service company for health, medical, dental, vision, or life insurance or disability pay.
(4) “Supervisor” means an employee of a public service company, the parent company of a public service company, or any other affiliate of a public service company who:
(i) using the employee's independent judgment:
- 1. is authorized by the employee's employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees;
- 2. is responsible for directing the work performance of other employees; and
- 3. is responsible for responding to employee complaints; or
- (ii) is employed in a bona fide executive capacity under the federal Fair Labor Standards Act.
- (b) This section applies only to a public service company that is an investor-owned electric company, gas company, or combination gas and electric company.
(c) A public service company may not recover through rates any costs associated with:
- (1) membership, dues, sponsorships, or contributions to an industry trade association, group, or related entity exempt from taxation under § 501(c)(6) of the Internal Revenue Code;
- (2) the acquisition, use, or allocation of costs associated with a private plane that is owned or leased by the public service company or its holding company; or
- (3) compensation for a supervisor that exceeds 110% of the maximum annual salary payable to the chair of the Commission for the same calendar year.
(d)
(1) The board of directors of each public service company shall adopt a company-wide policy placing reasonable cost limitations on expenditures that the public service company intends to recover through rates for:
- (i) entertainment and events;
- (ii) office and facility renovations;
- (iii) transportation services, including aviation;
- (iv) staff development activities or events;
- (v) performance incentives; and
- (vi) other activities outside the scope of the normal course of business operations.
(2) Each public service company shall send a copy of the policy adopted under paragraph (1) of this subsection to the Commission:
- (i) as soon as practicable; and
- (ii) each time the policy is updated, but not less than once every 5 years.
- (3) The Commission may review in a base rate proceeding the reasonableness of the cost limitations in a policy adopted under paragraph (1) of this subsection.
Added by Acts 2025, c. 625, § 3, eff. June 1, 2025; Acts 2025, c. 626, § 3, eff. June 1, 2025. Amended by Acts 2026, c. 353, § 5, eff. May 12, 2026.