MD
Maryland Senate Bill SB226

Maryland 2022 Regular Session

Maryland Senate Bill SB226 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 134
21
3-– 1 –
4-Chapter 134
5-(Senate Bill 226)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0226*
89
9-Annual Curative Bill
10+SENATE BILL 226
11+P5 EMERGENCY BILL 2lr1559
1012
11-FOR the purpose of generally curing previous Acts of the General Assembly with possible
12-title defects; prohibiting a recorded covenant or restriction, a provision in a
13-declaration, or a provision in the bylaws or rules of a condominium association from
14-prohibiting or unreasonably restricting a certain owner from contracting with a
15-private entity for the collection of organic waste materials for composting at a
16-composting facility; prohibiting a recorded covenant or restriction, a provision in a
17-declaration, or a provision in the bylaws or rules of a homeowners association from
18-prohibiting or unreasonably restricting a certain owner from composting organic
19-waste materials for certain uses under certain circumstances or contracting with a
20-private entity for the collection of organic waste materials for composting at a
21-composting facility; and generally repealing and reenacting without amendments
22-certain Acts of the General Assembly that may be subject to possible title defects in
23-order to validate those Acts.
13+By: The President (By Request – Department of Legislative Services)
14+Introduced and read first time: January 12, 2022
15+Assigned to: Rules
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: February 21, 2022
2419
25-BY repealing and reenacting, without amendments,
26- Article – Real Property
27-Section 11–111.5(b) and 11B–111.9(b)
28- Annotated Code of Maryland
29- (2015 Replacement Volume and 2021 Supplement)
20+CHAPTER ______
3021
31- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
32-That the Laws of Maryland read as follows:
22+AN ACT concerning 1
3323
34-Article – Real Property
24+Annual Curative Bill 2
3525
36-11–111.5.
26+FOR the purpose of generally curing previous Acts of the General Assembly with possible 3
27+title defects; prohibiting a recorded covenant or restriction, a provision in a 4
28+declaration, or a provision in the bylaws or rules of a condominium association from 5
29+prohibiting or unreasonably restricting a certain owner from contracting with a 6
30+private entity for the collection of organic waste materials for composting at a 7
31+composting facility; prohibiting a recorded covenant or restriction, a provision in a 8
32+declaration, or a provision in the bylaws or rules of a homeowners association from 9
33+prohibiting or unreasonably restricting a certain owner from composting organic 10
34+waste materials for certain uses under certain circumstances or contracting with a 11
35+private entity for the collection of organic waste materials for composting at a 12
36+composting facility; and generally repealing and reenacting without amendments 13
37+certain Acts of the General Assembly that may be subject to possible title defects in 14
38+order to validate those Acts. 15
3739
38- (b) A recorded covenant or restriction, a provision in a declaration, or a provision
39-in the bylaws or rules of a condominium may not prohibit or unreasonably restrict a unit
40-owner from contracting with a private entity to collect organic waste materials from the
41-unit owner for composting at a composting facility.
40+BY repealing and reenacting, without amendments, 16
41+ Article – Real Property 17
42+Section 11–111.5(b) and 11B–111.9(b) 18
43+ Annotated Code of Maryland 19
44+ (2015 Replacement Volume and 2021 Supplement) 20
4245
43-11B–111.9.
46+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
47+That the Laws of Maryland read as follows: 22
48+ 2 SENATE BILL 226
4449
45- (b) A recorded covenant or restriction, a provision in a declaration, or a provision
46-in the bylaws or rules of a homeowners association may not prohibit or unreasonably
47-restrict a lot owner from:
4850
49- (1) Composting organic waste materials for the lot owner’s personal or Ch. 134 2022 LAWS OF MARYLAND
51+Article – Real Property 1
5052
51-– 2 –
52-household use, provided that the lot owner:
53+11–111.5. 2
5354
54- (i) Owns or has the right to exclusive use of the area where the
55-composting is conducted; and
55+ (b) A recorded covenant or restriction, a provision in a declaration, or a provision 3
56+in the bylaws or rules of a condominium may not prohibit or unreasonably restrict a unit 4
57+owner from contracting with a private entity to collect organic waste materials from the 5
58+unit owner for composting at a composting facility. 6
5659
57- (ii) Observes all laws, ordinances, and regulations of the State and
58-local jurisdiction that pertain to composting; or
60+11B–111.9. 7
5961
60- (2) Contracting with a private entity to collect organic waste materials
61-from the lot owner for composting at a composting facility.
62+ (b) A recorded covenant or restriction, a provision in a declaration, or a provision 8
63+in the bylaws or rules of a homeowners association may not prohibit or unreasonably 9
64+restrict a lot owner from: 10
6265
63- DRAFTER’S NOTE:
66+ (1) Composting organic waste materials for the lot owner’s personal or 11
67+household use, provided that the lot owner: 12
6468
65- Error: Purpose paragraph of bill being cured failed to accurately describe the changes
66-made by the bill.
69+ (i) Owns or has the right to exclusive use of the area where the 13
70+composting is conducted; and 14
6771
68- Occurred: Chapter 459 (House Bill 248) of the Acts of 2021.
72+ (ii) Observes all laws, ordinances, and regulations of the State and 15
73+local jurisdiction that pertain to composting; or 16
6974
70- SECTION 2. AND BE IT FURTHER ENACTED, That the Drafter’s Notes contained
71-in this Act are not law and may not be considered to have been enacted as part of this Act.
75+ (2) Contracting with a private entity to collect organic waste materials 17
76+from the lot owner for composting at a composting facility. 18
7277
73- SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
74-measure, is necessary for the immediate preservation of the public health or safety, has
75-been passed by a yea and nay vote supported by three–fifths of all the members elected to
76-each of the two Houses of the General Assembly, and shall take effect from the date it is
77-enacted.
78+ DRAFTER’S NOTE: 19
7879
79-Approved by the Governor, April 12, 2022.
80+ Error: Purpose paragraph of bill being cured failed to accurately describe the changes 20
81+made by the bill. 21
82+
83+ Occurred: Chapter 459 (House Bill 248) of the Acts of 2021. 22
84+
85+ SECTION 2. AND BE IT FURTHER ENACTED, That the Drafter’s Notes contained 23
86+in this Act are not law and may not be considered to have been enacted as part of this Act. 24
87+
88+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 25
89+measure, is necessary for the immediate preservation of the public health or safety, has 26
90+been passed by a yea and nay vote supported by three–fifths of all the members elected to 27
91+each of the two Houses of the General Assembly, and shall take effect from the date it is 28
92+enacted. 29