In this subtitle, “residential and noncommercial users” means: residential users of gas, electricity, telephones, or water and sewerage; and noncommercial users of other services regulated by the Commission.

With the advice and consent of the Senate, the Attorney General shall appoint the People’s Counsel. The term of the People’s Counsel is 5 years and begins on July 1. At the end of a term, the People’s Counsel continues to serve until a successor is appointed and qualifies. A People’s Counsel who is appointed after a term has begun serves for the rest of the term and until a successor is appointed and qualifies. The People’s Counsel shall have been admitted to practice law in the State. Before taking office, the People’s Counsel shall take the oath required by Article I, § 9 of the Maryland Constitution. The People’s Counsel shall devote full time to the duties of office. The People’s Counsel is entitled to a salary of at least $35,000 a year as provided in the State budget. The Attorney General may remove the People’s Counsel for good cause shown after notice and an opportunity to be heard.

The State budget shall provide sufficient money for the Office of People’s Counsel to hire necessary staff in addition to the staff assistance that is provided under § 2–205(c)(2) of this subtitle. The Office of People’s Counsel shall hire at least one assistant people’s counsel who will focus on environmental issues. Except as provided in paragraph (2) of this subsection or otherwise by law, all personnel of the Office of People’s Counsel are subject to the provisions of the State Personnel and Pensions Article. The following are in the executive service, management service, or are special appointments in the State Personnel Management System: the People’s Counsel; the deputy People’s Counsel; and attorneys that are in the management service or are special appointments. The compensation of the following personnel shall be determined by the People’s Counsel and, if possible, in accordance with the State pay plan: the deputy People’s Counsel; attorneys that are: in the management service; or special appointments; and all positions in management, professional and technical classifications unique to the Office of People’s Counsel. At least 45 days before the effective date of the change, the People’s Counsel shall submit to the Secretary of Budget and Management each change to salary plans that involves increases or decreases in salary ranges other than those associated with routine reclassifications and promotions or general salary increases approved by the General Assembly. Reportable changes include creation or abolition of classes, regrading the classes from one established range to another, changes in salary guidelines to administer the pay schedules, or creation of new pay schedules or ranges. The Secretary of Budget and Management shall: review the proposed changes; and at least 15 days before the effective date of the proposed changes, advise the People’s Counsel whether the changes would have an adverse effect on comparable State jobs. Failure of the Secretary to respond in a timely manner is not considered a statement of adverse effect. On or before January 31 of each year, the People’s Counsel shall report to the Secretary of Budget and Management and, subject to § 2-1257 of the State Government Article, to the General Assembly setting forth all personnel positions, classifications, and salaries in the Office of People’s Counsel as of the end of the preceding calendar year. The Office of People’s Counsel may retain as necessary for a particular matter or hire experts in the field of: utility regulation, including cost of capital experts, rate design experts, accountants, economists, engineers, transportation specialists, and lawyers; and climate change, including meteorologists, oceanographers, ecologists, foresters, geologists, seismologists, botanists, and experts in any other field of science that the People’s Counsel determines is necessary.

The Office of People’s Counsel shall evaluate each matter pending before the Commission to determine if the interests of residential and noncommercial users are affected. In determining whether the interests of residential and noncommercial users are affected, the Office of People’s Counsel shall consider the public safety, economic welfare, and environmental interests of the State and its residents, including the State’s progress toward meeting its greenhouse gas emissions reductions goals. If the Office of People’s Counsel considers the interest of residential and noncommercial users to be affected, the Office of People’s Counsel shall appear before the Commission and courts on behalf of residential and noncommercial users in each matter or proceeding over which the Commission has original jurisdiction, including a proceeding on the rates, service, or practices of a public service company or on a violation of this division. As the Office of People’s Counsel considers necessary, the Office of People’s Counsel shall conduct investigations and request the Commission to initiate proceedings to protect the interests of residential and noncommercial users. The People’s Counsel shall administer and operate the Office of People’s Counsel.

In appearances before the Commission and courts on behalf of residential and noncommercial users, the Office of People’s Counsel has the rights of counsel for a party to the proceeding, including those rights specified in § 3-107 of this article. The Office of People’s Counsel may appear before any federal or State unit to protect the interests of residential and noncommercial users. Except as otherwise provided in this article and consistent with any applicable Freedom of Information Act, the Office of People’s Counsel shall have full access to the Commission’s records and shall have the benefit of all other facilities or information of the Commission. The Office of People’s Counsel is entitled to the assistance of the Commission’s staff, if the staff determines that the assistance is consistent with the staff’s responsibilities and if the staff and the Office of People’s Counsel agree that the assistance, in a particular matter, is consistent with their respective interests. If the Office of People’s Counsel considers that the legislation would affect the interests of residential and noncommercial users, the Office of People’s Counsel may recommend to the General Assembly legislation on any matter related to the Commission’s jurisdiction.

If the budget for the Office of People’s Counsel is insufficient to allow it to perform its duties, the Office of People’s Counsel may apply to the Board of Public Works for additional money from the General Emergency Fund.