Maryland 2023 Regular Session

Maryland House Bill HB161 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 68
2	1
3		-	– 1 –
4		-	Chapter 68
5		-	(House Bill 161)
6	2
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	+	hb0161
8	9
9		-	Northeast Maryland Waste Disposal Authority – Evaluation and, Termination of
10		-	Bond Authority, and Assumption of Functions, Employees, and Contracts
11		-	(Northeast Maryland Waste Disposal Authority Sunset Act)
	10	+	HOUSE BILL 161
	11	+	M1, M5, M3 3lr0627
12	12
13		-	FOR the purpose of prohibiting the Northeast Maryland Waste Disposal Authority from
14		-	issuing bonds beginning on a certain date; requiring the Department of Legislative
15		-	Services to conduct an evaluation of the Northeast Maryland Waste Disposal
16		-	Authority; requiring the Maryland Environmental Service and the Maryland Clean
17		-	Energy Center to review certain aspects of the Northeast Maryland Waste Disposal
18		-	Authority and analyze whether the Maryland Environmental Service or the
19		-	Maryland Clean Energy Center is able to assume those aspects; requiring the
20		-	Northeast Maryland Waste Disposal Authority to provide any information the
21		-	Department of Legislative Services, and the Maryland Environmental Service, and
22		-	the Maryland Clean Energy Center request; requiring the Department of Legislative
23		-	Services, and the Maryland Environmental Service, and the Maryland Clean Energy
24		-	Center to follow procedures to maintain the confidentiality of certain information,
25		-	documents, and proceedings; requiring an entity that assumes certain aspects of the
26		-	Northeast Maryland Waste Disposal Authority to establish a system for maintaining
27		-	stakeholder engagement; requiring the Maryland Environmental Service to
28		-	temporarily assume and maintain certain aspects of the Northeast Maryland Waste
29		-	Disposal Authority under certain circumstances and until a certain entity is
30		-	prepared and ready to assume those aspects; and generally relating to the Northeast
31		-	Maryland Waste Disposal Authority.
	13	+	By: Delegates Korman and Szeliga
	14	+	Introduced and read first time: January 16, 2023
	15	+	Assigned to: Environment and Transportation
	16	+	Committee Report: Favorable with amendments
	17	+	House action: Adopted
	18	+	Read second time: February 25, 2023
32	19
33		-	BY repealing and reenacting, with amendments,
34		-	Article – Natural Resources
35		-	Section 3–905(a) and 3–907(a)
36		-	Annotated Code of Maryland
37		-	(2018 Replacement Volume and 2022 Supplement)
	20	+	CHAPTER ______
38	21
39		-	BY adding to
40		-	Article – Natural Resources
41		-	Section 3–907.1
42		-	Annotated Code of Maryland
43		-	(2018 Replacement Volume and 2022 Supplement)
	22	+	AN ACT concerning 1
44	23
45		-	Preamble
	24	+	Northeast Maryland Waste Disposal Authority – Evaluation and, Termination of 2
	25	+	Bond Authority, and Assumption of Functions, Employees, and Contracts 3
	26	+	(Northeast Maryland Waste Disposal Authority Sunset Act) 4
46	27
47		-	WHEREAS, The Northeast Maryland Waste Disposal Authority was created by the
48		-	General Assembly in 1980 as a regional coordinating agency and financing vehicle to assist
49		-	participating political subdivisions of the State, other public entities, and the private sector Ch. 68 2023 LAWS OF MARYLAND
	28	+	FOR the purpose of prohibiting the Northeast Maryland Waste Disposal Authority from 5
	29	+	issuing bonds beginning on a certain date; requiring the Department of Legislative 6
	30	+	Services to conduct an evaluation of the Northeast Maryland Waste Disposal 7
	31	+	Authority; requiring the Maryland Environmental Service and the Maryland Clean 8
	32	+	Energy Center to review certain aspects of the Northeast Maryland Waste Disposal 9
	33	+	Authority and analyze whether the Maryland Environmental Service or the 10
	34	+	Maryland Clean Energy Center is able to assume those aspects; requiring the 11
	35	+	Northeast Maryland Waste Disposal Authority to provide any information the 12
	36	+	Department of Legislative Services, and the Maryland Environmental Service, and 13
	37	+	the Maryland Clean Energy Center request; requiring the Department of Legislative 14
	38	+	Services, and the Maryland Environmental Service, and the Maryland Clean Energy 15
	39	+	Center to follow procedures to maintain the confidentiality of certain information, 16
	40	+	documents, and proceedings; requiring an entity that assumes certain aspects of the 17
	41	+	Northeast Maryland Waste Disposal Authority to establish a system for maintaining 18
	42	+	stakeholder engagement; requiring the Maryland Environmental Service to 19
	43	+	temporarily assume and maintain certain aspects of the Northeast Maryland Waste 20
	44	+	Disposal Authority under certain circumstances and until a certain entity is 21
	45	+	prepared and ready to assume those aspects; and generally relating to the Northeast 22
	46	+	Maryland Waste Disposal Authority. 23
50	47
51		-	– 2 –
52		-	of the economy in the provision of adequate waste disposal facilities, including facilities
53		-	that provide for energy generation and resource recovery and facilities that generate steam,
54		-	electricity, or other forms of energy from fuels derived from or otherwise related to waste
55		-	disposal facilities; and
	48	+	BY repealing and reenacting, with amendments, 24 2 HOUSE BILL 161
56	49
57		-	WHEREAS, The M aryland Environmental Service was created by the General
58		-	Assembly in 1970 to provide dependable, effective, and efficient water supply and
59		-	purification and disposal of liquid and solid wastes, encourage reductions in the amount of
60		-	waste generated and discharged to the environment, encourage the generation of energy
61		-	and the recovery of useable resources from waste to the extent practicable, promote the
62		-	conservation of energy use, enable and provide for the production of energy from solid
63		-	wastes and renewable and other sources, encourage private sector participation in
64		-	environmental protection, and serve its political subdivisions and economic interests; and
65	50
66		-	WHEREAS, The Maryland Clean Energy Center was created by the General
67		-	Assembly in 2008 to encourage the development of clean energy industries in the State,
68		-	encourage the deployment of clean energy technologies in the State, help attract and retain
69		-	business activity and commerce in clean energy technology in the State, promote economic
70		-	development, and promote the health, safety, and welfare of residents of the State; and
	51	+	Article – Natural Resources 1
	52	+	Section 3–905(a) and 3–907(a) 2
	53	+	Annotated Code of Maryland 3
	54	+	(2018 Replacement Volume and 2022 Supplement) 4
71	55
72		-	WHEREAS, The Northeast Maryland Waste Disposal Authority developed
73		-	waste–to–energy facilities in Harford County, Montgomery County, and Baltimore City;
74		-	and
	56	+	BY adding to 5
	57	+	Article – Natural Resources 6
	58	+	Section 3–907.1 7
	59	+	Annotated Code of Maryland 8
	60	+	(2018 Replacement Volume and 2022 Supplement) 9
75	61
76		-	~~WHEREAS,~~ ~~The waste–to–energy facility in Harford County closed in 2016; and~~
	62	+	Preamble 10
77	63
78		-	WHEREAS, The local government in Montgomery County stated an intention to
79		-	close the waste–to–energy facility in the county, the contract for which terminates in April
80		-	2026; and
	64	+	WHEREAS, The Northeast Maryland Waste Disposal Authority was created by the 11
	65	+	General Assembly in 1980 as a regional coordinating agency and financing vehicle to assist 12
	66	+	participating political subdivisions of the State, other public entities, and the private sector 13
	67	+	of the economy in the provision of adequate waste disposal facilities, including facilities 14
	68	+	that provide for energy generation and resource recovery and facilities that generate steam, 15
	69	+	electricity, or other forms of energy from fuels derived from or otherwise related to waste 16
	70	+	disposal facilities; and 17
81	71
82		-	WHEREAS, Baltimore City’s contract to send trash to the waste–to–energy facility
83		-	in Baltimore City terminates in December 2031, and Baltimore County’s contract to send
84		-	trash to the waste–to–energy facility in Baltimore City terminates in September 2026; and
	72	+	WHEREAS, The Marylan d Environmental Service was created by the General 18
	73	+	Assembly in 1970 to provide dependable, effective, and efficient water supply and 19
	74	+	purification and disposal of liquid and solid wastes, encourage reductions in the amount of 20
	75	+	waste generated and discharged to the environment, encourage the generation of energy 21
	76	+	and the recovery of useable resources from waste to the extent practicable, promote the 22
	77	+	conservation of energy use, enable and provide for the production of energy from solid 23
	78	+	wastes and renewable and other sources, encourage private sector participation in 24
	79	+	environmental protection, and serve its political subdivisions and economic interests; and 25
85	80
86		-	WHEREAS, On formation of the Northeast Maryland Waste Disposal Authority in
87		-	1980, the General Assembly contemplated that, under the appropriate conditions, the
88		-	Northeast Maryland Waste Disposal Authority could merge into the Maryland
89		-	Environmental Service under § 3–924 of the Natural Resources Article; and
	81	+	WHEREAS, The Maryland Clean Energy Center was created by the General 26
	82	+	Assembly in 2008 to encourage the development of clean energy industries in the State, 27
	83	+	encourage the deployment of clean energy technologies in the State, help attract and retain 28
	84	+	business activity and commerce in clean energy technology in the State, promote economic 29
	85	+	development, and promote the health, safety, and welfare of residents of the State; and 30
90	86
91		-	WHEREAS, In its December 2021 report, the State Transparency and Accountability
92		-	Reform Commission recommended that each agency the Commission reviewed, including
93		-	the Northeast Maryland Waste Disposal Authority, should undergo a review at least once
94		-	every 8 years, conducted by the legislature and similar to a sunset review, to assess the
95		-	agency’s statutory compliance with its mission and vision; and
96		-	WES MOORE, Governor Ch. 68
	87	+	WHEREAS, The Northeast Maryland Waste Disposal Authority developed 31
	88	+	waste–to–energy facilities in Harford County, Montgomery County, and Baltimore City; 32
	89	+	and 33
97	90
98		-	– 3 –
99		-	WHEREAS, A 2017 report, Written Report of George D. Thurston Regarding the
100		-	Public Health Impacts of Air Emissions From the Wheelabrator Facility, found that air
101		-	pollution from the Baltimore Refuse Energy Systems Company waste–to–energy facility
102		-	causes $55 million in health damages annually for the region; and
	91	+	WHEREAS, The waste–to–energy facility in Harford County closed in 2016; and 34
103	92
104		-	WHEREAS, An analysis by the Environmental Integrity Project demonstrates that
105		-	Maryland’s two remaining waste–to–energy facilities emit significantly more mercury and
106		-	nitrogen oxides per unit of energy than the State’s remaining coal plants; and
	93	+	WHEREAS, The local government in Montgomery County stated an intention to 35
	94	+	close the waste–to–energy facility in the county, the contract for which terminates in April 36
	95	+	2026; and 37
	96	+	HOUSE BILL 161 3
107	97
108		-	WHEREAS, In Appendix E of its December 2021 report, the State Transparency and
109		-	Accountability Reform Commission states, “It was brought to the Commission’s attention
110		-	that the Northeast Maryland Waste Disposal Authority (NMWDA) has a provision within
111		-	its statute (Natural Resources Section 3–924) that allows them to merge within the
112		-	Maryland Environmental Services (MES). Given that, to the Commission’s knowledge,
113		-	NMWDA does not have any outstanding bonds, it may be appropriate to consolidate them
114		-	into MES since their work overlaps. This could help eliminate any redundancies and
115		-	integrate the efforts of both agencies to better serve the state.”; now, therefore,
116	98
117		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
118		-	That the Laws of Maryland read as follows:
	99	+	WHEREAS, Baltimore City’s contract to send trash to the waste–to–energy facility 1
	100	+	in Baltimore City terminates in December 2031, and Baltimore County’s contract to send 2
	101	+	trash to the waste–to–energy facility in Baltimore City terminates in September 2026; and 3
119	102
120		-	Article – Natural Resources
	103	+	WHEREAS, On formation of the Northeast Maryland Waste Disposal Authority in 4
	104	+	1980, the General Assembly contemplated that, under the appropriate conditions, the 5
	105	+	Northeast Maryland Waste Disposal Authority could merge into the Maryland 6
	106	+	Environmental Service under § 3–924 of the Natural Resources Article; and 7
121	107
122		-	3–905.
	108	+	WHEREAS, In its December 2021 report, the State Transparency and Accountability 8
	109	+	Reform Commission recommended that each agency the Commission reviewed, including 9
	110	+	the Northeast Maryland Waste Disposal Authority, should undergo a review at least once 10
	111	+	every 8 years, conducted by the legislature and similar to a sunset review, to assess the 11
	112	+	agency’s statutory compliance with its mission and vision; and 12
123	113
124		-	(a) [The] EXCEPT AS PROVIDED IN § 3–907.1 OF THIS SUBTITLE , THE
125		-	Authority is granted and has and may exercise all powers necessary for carrying out the
126		-	purposes of this subtitle, including but not limited to, the following rights and powers:
	114	+	WHEREAS, A 2017 report, Written Report of George D. Thurston Regarding the 13
	115	+	Public Health Impacts of Air Emissions From the Wheelabrator Facility, found that air 14
	116	+	pollution from the Baltimore Refuse Energy Systems Company waste–to–energy facility 15
	117	+	causes $55 million in health damages annually for the region; and 16
127	118
128		-	(1) To have perpetual existence as a corporation;
	119	+	WHEREAS, An analysis by the Environmental Integrity Project demonstrates that 17
	120	+	Maryland’s two remaining waste–to–energy facilities emit significantly more mercury and 18
	121	+	nitrogen oxides per unit of energy than the State’s remaining coal plants; and 19
129	122
130		-	(2) To adopt bylaws, rules, regulations, policies, and procedures for the
131		-	regulation of its affairs and the conduct of its business;
	123	+	WHEREAS, In Appendix E of its December 2021 report, the State Transparency and 20
	124	+	Accountability Reform Commission states, “It was brought to the Commission’s attention 21
	125	+	that the Northeast Maryland Waste Disposal Authority (NMWDA) has a provision within 22
	126	+	its statute (Natural Resources Section 3–924) that allows them to merge within the 23
	127	+	Maryland Environmental Services (MES). Given that, to the Commission’s knowledge, 24
	128	+	NMWDA does not have any outstanding bonds, it may be appropriate to consolidate them 25
	129	+	into MES since their work overlaps. This could help eliminate any redundancies and 26
	130	+	integrate the efforts of both agencies to better serve the state.”; now, therefore, 27
132	131
133		-	(3) To adopt an official seal and alter the same at pleasure;
	132	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
	133	+	That the Laws of Maryland read as follows: 29
134	134
135		-	(4) To maintain an office or offices at such place or places as it may
136		-	designate;
	135	+	Article – Natural Resources 30
137	136
138		-	(5) To appoint officers, agents and employees, and to prescribe their duties
139		-	and to fix their compensation as set forth in this subtitle;
	137	+	3–905. 31
140	138
141		-	(6) To sue and be sued in its own name;
142		-	Ch. 68 2023 LAWS OF MARYLAND
	139	+	(a) [The] EXCEPT AS PROVIDED IN § 3–907.1 OF THIS SUBTITLE , THE 32
	140	+	Authority is granted and has and may exercise all powers necessary for carrying out the 33
	141	+	purposes of this subtitle, including but not limited to, the following rights and powers: 34
143	142
144		-	– 4 –
145		-	(7) To acquire, construct, reconstruct, rehabilitate, improve, maintain,
146		-	equip, lease (as lessor or as lessee), repair, and operate projects within or without the State
147		-	of Maryland and to establish reasonable rules and regulations relating to any project;
	143	+	(1) To have perpetual existence as a corporation; 35
	144	+	4 HOUSE BILL 161
148	145
149		-	(8) To acquire, purchase, hold, lease as lessee, and use any franchise,
150		-	patent or license and any property (real, personal or mixed or tangible or intangible), or
151		-	any interest therein, necessary or convenient for carrying out the purposes of the Authority;
152	146
153		-	(9) To ~~sell~~, ~~lease as lessor~~, ~~transfer~~, and ~~dispose of any property or interest~~
154		-	~~therein at any time acquired by it~~;
	147	+	(2) To adopt bylaws, rules, regulations, policies, and procedures for the 1
	148	+	regulation of its affairs and the conduct of its business; 2
155	149
156		-	(10) To acquire, either directly or by or through any person or political
157		-	subdivision, by purchase or by gift or devise such lands, structures, property (real or
158		-	personal) rights, rights–of–way, franchises, easements and other interests in lands,
159		-	including lands lying under water and riparian rights which are located within or without
160		-	the State as it may deem necessary or convenient for the construction or operation of a
161		-	project, upon such terms and at such prices as may be considered by it to be reasonable and
162		-	can be agreed upon by it and the owner thereof, and to take title thereto in the name of the
163		-	Authority;
	150	+	(3) To adopt an official seal and alter the same at pleasure; 3
164	151
165		-	(11) To borrow money and to issue bonds for the purpose of paying all or any
166		-	part of the cost of any one or more projects or for any other corporate purpose of the
167		-	Authority; to secure the payment of such borrowing or any part thereof by pledge of or
168		-	mortgage or deed of trust on all or any part of its properties or revenues; to combine projects
169		-	for financing or operating purposes; to make agreements with or for the benefit of the
170		-	purchasers or holders of bonds or with others in connection with the issuance of any such
171		-	bonds, whether issued or to be issued, as the Authority may deem advisable; and in general
172		-	to provide for the security of such bonds and the rights of the holders thereof;
	152	+	(4) To maintain an office or offices at such place or places as it may 4
	153	+	designate; 5
173	154
174		-	(12) To take and hold title to any project which may be transferred to the
175		-	Authority, and to assume jurisdiction over and provide for the maintenance and operation
176		-	of said project, all on such terms as may be mutually agreed upon between the Authority
177		-	and the transferor. The Authority may contract with any subdivision to assume the
178		-	payment of the principal of and interest on obligations or indebtedness of such subdivision
179		-	incurred in connection with any project and may undertake to operate any project in such
180		-	a manner as to provide for the payment of all outstanding obligations or indebtedness
181		-	applicable to such project and the interest thereon and to transfer to the appropriate
182		-	subdivision an amount equal to the debt service payments prior to the applicable payment
183		-	date;
	155	+	(5) To appoint officers, agents and employees, and to prescribe their duties 6
	156	+	and to fix their compensation as set forth in this subtitle; 7
184	157
185		-	(13) To fix and revise from time to time and to collect rates, rentals, fees,
186		-	and charges for the use of or for services and facilities provided or made available by the
187		-	Authority;
	158	+	(6) To sue and be sued in its own name; 8
188	159
189		-	(14) To make and enter into contracts with the federal or any state
190		-	government (or any agency, instrumentality or subdivision thereof) or with any subdivision WES MOORE, Governor Ch. 68
	160	+	(7) To acquire, construct, reconstruct, rehabilitate, improve, maintain, 9
	161	+	equip, lease (as lessor or as lessee), repair, and operate projects within or without the State 10
	162	+	of Maryland and to establish reasonable rules and regulations relating to any project; 11
191	163
192		-	– 5 –
193		-	or person within or without the State of Maryland providing for or relating to the
194		-	acquisition, construction, management, operation, and maintenance of any project or the
195		-	furnishing of services by or to any project or in connection with the services of any project
196		-	owned, operated, or controlled by the other contracting party; such contracts may make
197		-	provision for:
	164	+	(8) To acquire, purchase, hold, lease as lessee, and use any franchise, 12
	165	+	patent or license and any property (real, personal or mixed or tangible or intangible), or 13
	166	+	any interest therein, necessary or convenient for carrying out the purposes of the Authority; 14
198	167
199		-	(i) The payment by the other contracting party to the Authority of a
200		-	fixed amount for the collection, processing, or disposal of a stated amount of waste (whether
201		-	or not the stated amount of waste is collected, processed or disposed of), or of all or any
202		-	portion of the operating expenses of one or more projects;
	168	+	(9) To sell, lease as lessor, transfer, and dispose of any property or interest 15
	169	+	therein at any time acquired by it; 16
203	170
204		-	(ii) The utilization by the other contracting party of one or more
205		-	projects for the processing or disposal of all or any portion of waste over which such party
206		-	has control;
	171	+	(10) To acquire, either directly or by or through any person or political 17
	172	+	subdivision, by purchase or by gift or devise such lands, structures, property (real or 18
	173	+	personal) rights, rights–of–way, franchises, easements and other interests in lands, 19
	174	+	including lands lying under water and riparian rights which are located within or without 20
	175	+	the State as it may deem necessary or convenient for the construction or operation of a 21
	176	+	project, upon such terms and at such prices as may be considered by it to be reasonable and 22
	177	+	can be agreed upon by it and the owner thereof, and to take title thereto in the name of the 23
	178	+	Authority; 24
207	179
208		-	(iii) The collection by the other contracting party or its agents or by
209		-	agents of the Authority of fees, rates or charges for the services and facilities rendered to a
210		-	subdivision or the inhabitants thereof, and for the enforcement of delinquent charges for
211		-	such services and facilities; or
	180	+	(11) To borrow money and to issue bonds for the purpose of paying all or any 25
	181	+	part of the cost of any one or more projects or for any other corporate purpose of the 26
	182	+	Authority; to secure the payment of such borrowing or any part thereof by pledge of or 27
	183	+	mortgage or deed of trust on all or any part of its properties or revenues; to combine projects 28
	184	+	for financing or operating purposes; to make agreements with or for the benefit of the 29
	185	+	purchasers or holders of bonds or with others in connection with the issuance of any such 30
	186	+	bonds, whether issued or to be issued, as the Authority may deem advisable; and in general 31
	187	+	to provide for the security of such bonds and the rights of the holders thereof; 32
212	188
213		-	(iv) The ~~abandonment or restriction or prohibition of the construction~~
214		-	or operation ~~of competing facilities. The provisions of any such contract with a subdivision~~
215		-	~~shall~~ be ~~deemed to be for the benefit of bondholders as designated by~~ the Authority ~~and~~
216		-	~~may be made irrevocable so long as any bonds of~~ the Authority ~~secured by such~~ contract
217		-	~~shall be outstanding;~~
	189	+	(12) To take and hold title to any project which may be transferred to the 33
	190	+	Authority, and to assume jurisdiction over and provide for the maintenance and operation 34
	191	+	of said project, all on such terms as may be mutually agreed upon between the Authority 35
	192	+	and the transferor. The Authority may contract with any subdivision to assume the 36
	193	+	payment of the principal of and interest on obligations or indebtedness of such subdivision 37 HOUSE BILL 161 5
218	194
219		-	(15) To make and enter into all contracts or agreements which the Authority
220		-	determines are necessary or incidental to the performance of its duties and to the execution
221		-	of the purposes of and the powers granted by this subtitle, including (without limitation)
222		-	contracts relating to:
223	195
224		-	(i) The use or management by the other contracting party of any
225		-	project or the services therefrom or the facilities thereof;
	196	+	incurred in connection with any project and may undertake to operate any project in such 1
	197	+	a manner as to provide for the payment of all outstanding obligations or indebtedness 2
	198	+	applicable to such project and the interest thereon and to transfer to the appropriate 3
	199	+	subdivision an amount equal to the debt service payments prior to the applicable payment 4
	200	+	date; 5
226	201
227		-	(ii) The use by the Authority of the services or facilities of any project
228		-	owned, leased, operated or controlled by the other contracting party;
	202	+	(13) To fix and revise from time to time and to collect rates, rentals, fees, 6
	203	+	and charges for the use of or for services and facilities provided or made available by the 7
	204	+	Authority; 8
229	205
230		-	(iii) The sale of any fuel, steam, electricity, energy, or other material
231		-	or resource derived from the operation of any project;
	206	+	(14) To make and enter into contracts with the federal or any state 9
	207	+	government (or any agency, instrumentality or subdivision thereof) or with any subdivision 10
	208	+	or person within or without the State of Maryland providing for or relating to the 11
	209	+	acquisition, construction, management, operation, and maintenance of any project or the 12
	210	+	furnishing of services by or to any project or in connection with the services of any project 13
	211	+	owned, operated, or controlled by the other contracting party; such contracts may make 14
	212	+	provision for: 15
232	213
233		-	(iv) The acceptance, processing and disposal of wastes by one or more
234		-	projects; or
	214	+	(i) The payment by the other contracting party to the Authority of a 16
	215	+	fixed amount for the collection, processing, or disposal of a stated amount of waste (whether 17
	216	+	or not the stated amount of waste is collected, processed or disposed of), or of all or any 18
	217	+	portion of the operating expenses of one or more projects; 19
235	218
236		-	(v) The employment or retention of consulting and other engineers,
237		-	superintendents, financial advisors, attorneys, accountants, and such other employees, Ch. 68 2023 LAWS OF MARYLAND
	219	+	(ii) The utilization by the other contracting party of one or more 20
	220	+	projects for the processing or disposal of all or any portion of waste over which such party 21
	221	+	has control; 22
238	222
239		-	– 6 –
240		-	advisors or agents as in the judgment of the Authority may be deemed necessary or
241		-	desirable;
	223	+	(iii) The collection by the other contracting party or its agents or by 23
	224	+	agents of the Authority of fees, rates or charges for the services and facilities rendered to a 24
	225	+	subdivision or the inhabitants thereof, and for the enforcement of delinquent charges for 25
	226	+	such services and facilities; or 26
242	227
243		-	(16) To enter with the permission of the owner upon lands, waters, or
244		-	premises for the purpose of making surveys, soundings, borings, and examinations to
245		-	accomplish any purpose authorized by this subtitle, the Authority being liable for any
246		-	actual damage done;
	228	+	(iv) The abandonment or restriction or prohibition of the construction 27
	229	+	or operation of competing facilities. The provisions of any such contract with a subdivision 28
	230	+	shall be deemed to be for the benefit of bondholders as designated by the Authority and 29
	231	+	may be made irrevocable so long as any bonds of the Authority secured by such contract 30
	232	+	shall be outstanding; 31
247	233
248		-	(17) To make application for, receive and accept from the federal or any state
249		-	government (or any agency, instrumentality, or subdivision thereof) or from any person
250		-	grants relating to the Authority or any project, including (without limitation) grants for or
251		-	in aid of the planning, financing, construction, acquisition, maintenance, or operation of
252		-	any project; to receive and accept aid or contributions from any source, whether in the form
253		-	of money or property, labor, or other things of value; and to participate in any price support
254		-	program, loan program or other program of the federal or State government relating to
255		-	waste disposal, resource recovery or energy generation;
	234	+	(15) To make and enter into all contracts or agreements which the Authority 32
	235	+	determines are necessary or incidental to the performance of its duties and to the execution 33
	236	+	of the purposes of and the powers granted by this subtitle, including (without limitation) 34
	237	+	contracts relating to: 35
256	238
257		-	(18) To make rules and regulations pertaining to the Authority and projects,
258		-	which rules and regulations may (without limitation) exclude or require preconditioning of
259		-	any waste that might otherwise be harmful to the project or its efficient operation or
260		-	endanger the health or safety of workers or others;
	239	+	(i) The use or management by the other contracting party of any 36
	240	+	project or the services therefrom or the facilities thereof; 37
	241	+	6 HOUSE BILL 161
261	242
262		-	(19) To enter into agreements with the Maryland Environmental Service
263		-	providing for the assumption by the Maryland Environmental Service of such activities of
264		-	the Authority as the Authority may deem necessary or desirable to effectuate its purposes,
265		-	including agreements relating to the exchange of information between the Authority and
266		-	the Maryland Environmental Service, the sharing of planning resources, the provision by
267		-	the Maryland Environmental Service of personnel, consulting services and technical
268		-	assistance to the Authority, and the acquisition, construction, supervision, operation or
269		-	maintenance of one or more projects by the Maryland Environmental Service; and
270	243
271		-	(20) ~~To do all things necessary to carry out its purposes and for~~ the ~~exercise~~
272		-	of the ~~powers granted in this subtitle.~~
	244	+	(ii) The use by the Authority of the services or facilities of any project 1
	245	+	owned, leased, operated or controlled by the other contracting party; 2
273	246
274		-	3–907.
	247	+	(iii) The sale of any fuel, steam, electricity, energy, or other material 3
	248	+	or resource derived from the operation of any project; 4
275	249
276		-	(a) [The] EXCEPT AS PROVIDED IN § 3–907.1 OF THIS SUBTITLE , THE
277		-	Authority is hereby authorized and empowered, by resolution, to issue bonds for the
278		-	purpose of financing the cost of one or more projects or for any other corporate purpose.
279		-	Except as may otherwise be expressly provided by the Authority, every issue of its bonds
280		-	shall be general obligations of the Authority payable from any revenues or money of the
281		-	Authority available therefor and not otherwise pledged, subject only to any agreements
282		-	with holders of particular bonds pledging any particular revenues or money and to any
283		-	agreements with any persons or subdivisions. The Authority may issue its bonds without
284		-	obtaining the consent of any board, agency, department or unit of the State, and without
285		-	any other proceedings or the happening of any conditions or things other than those WES MOORE, Governor Ch. 68
	250	+	(iv) The acceptance, processing and disposal of wastes by one or more 5
	251	+	projects; or 6
286	252
287		-	– 7 –
288		-	specifically required hereunder. The Authority and the Maryland Environmental Service
289		-	may enter into agreements providing for (i) the financing by the issuance of bonds of the
290		-	Maryland Environmental Service of projects provided for any subdivision by the Authority
291		-	or (ii) the financing by the issuance of bonds of the Authority of projects provided for any
292		-	subdivision by the Maryland Environmental Service.
	253	+	(v) The employment or retention of consulting and other engineers, 7
	254	+	superintendents, financial advisors, attorneys, accountants, and such other employees, 8
	255	+	advisors or agents as in the judgment of the Authority may be deemed necessary or 9
	256	+	desirable; 10
293	257
294		-	3–907.1.
	258	+	(16) To enter with the permission of the owner upon lands, waters, or 11
	259	+	premises for the purpose of making surveys, soundings, borings, and examinations to 12
	260	+	accomplish any purpose authorized by this subtitle, the Authority being liable for any 13
	261	+	actual damage done; 14
295	262
296		-	(A) BEGINNING JUNE 1, 2023, THE AUTHORITY MAY NOT ISS UE BONDS.
	263	+	(17) To make application for, receive and accept from the federal or any state 15
	264	+	government (or any agency, instrumentality, or subdivision thereof) or from any person 16
	265	+	grants relating to the Authority or any project, including (without limitation) grants for or 17
	266	+	in aid of the planning, financing, construction, acquisition, maintenance, or operation of 18
	267	+	any project; to receive and accept aid or contributions from any source, whether in the form 19
	268	+	of money or property, labor, or other things of value; and to participate in any price support 20
	269	+	program, loan program or other program of the federal or State government relating to 21
	270	+	waste disposal, resource recovery or energy generation; 22
297	271
298		-	(B) SUBSECTION (A) OF THIS SECTION DOES NOT IMPAIR THE AUTHORITY’S
299		-	POWERS AND AUTHORITY REGARDING:
	272	+	(18) To make rules and regulations pertaining to the Authority and projects, 23
	273	+	which rules and regulations may (without limitation) exclude or require preconditioning of 24
	274	+	any waste that might otherwise be harmful to the project or its efficient operation or 25
	275	+	endanger the health or safety of workers or others; 26
300	276
301		-	(1) ANY BONDS THAT , AS OF JUNE 1, 2023, ARE OUTSTANDING AND
302		-	UNPAID; OR
	277	+	(19) To enter into agreements with the Maryland Environmental Service 27
	278	+	providing for the assumption by the Maryland Environmental Service of such activities of 28
	279	+	the Authority as the Authority may deem necessary or desirable to effectuate its purposes, 29
	280	+	including agreements relating to the exchange of information between the Authority and 30
	281	+	the Maryland Environmental Service, the sharing of planning resources, the provision by 31
	282	+	the Maryland Environmental Service of personnel, consulting services and technical 32
	283	+	assistance to the Authority, and the acquisition, construction, supervision, operation or 33
	284	+	maintenance of one or more projects by the Maryland Environmental Service; and 34
303	285
304		-	(2) ~~ANY CONTRACTS THAT , AS OF JUNE 1,~~ ~~2023, RELY ON~~ THE
305		-	~~AUTHORITY’S BONDING AUTHORITY~~ .
	286	+	(20) To do all things necessary to carry out its purposes and for the exercise 35
	287	+	of the powers granted in this subtitle. 36
306	288
307		-	SECTION 2. AND BE IT FURTHER ENACTED, That:
	289	+	3–907. 37
	290	+	HOUSE BILL 161 7
308	291
309		-	(a) The Department of Legislative Services shall conduct an evaluation of the
310		-	Northeast Maryland Waste Disposal Authority, including a review of:
311	292
312		-	(1) the statutes related to the Northeast Maryland Waste Dis posal
313		-	Authority;
	293	+	(a) [The] EXCEPT AS PROVIDED IN § 3–907.1 OF THIS SUBTITLE , THE 1
	294	+	Authority is hereby authorized and empowered, by resolution, to issue bonds for the 2
	295	+	purpose of financing the cost of one or more projects or for any other corporate purpose. 3
	296	+	Except as may otherwise be expressly provided by the Authority, every issue of its bonds 4
	297	+	shall be general obligations of the Authority payable from any revenues or money of the 5
	298	+	Authority available therefor and not otherwise pledged, subject only to any agreements 6
	299	+	with holders of particular bonds pledging any particular revenues or money and to any 7
	300	+	agreements with any persons or subdivisions. The Authority may issue its bonds without 8
	301	+	obtaining the consent of any board, agency, department or unit of the State, and without 9
	302	+	any other proceedings or the happening of any conditions or things other than those 10
	303	+	specifically required hereunder. The Authority and the Maryland Environmental Service 11
	304	+	may enter into agreements providing for (i) the financing by the issuance of bonds of the 12
	305	+	Maryland Environmental Service of projects provided for any subdivision by the Authority 13
	306	+	or (ii) the financing by the issuance of bonds of the Authority of projects provided for any 14
	307	+	subdivision by the Maryland Environmental Service. 15
314	308
315		-	(2) whether the Northeast Maryland Waste Disposal Authority is fulfilling
316		-	its statutory purpose, including whether its duties or functions in practice differ from its
317		-	duties and functions specified in statute;
	309	+	3–907.1. 16
318	310
319		-	(3) whether continuation of the Northeast Maryland Waste Disposal
320		-	Authority is necessary for the public interest, including whether the Northeast Maryland
321		-	Waste Disposal Authority’s statutory purpose serves the needs of the State;
	311	+	(A) BEGINNING JUNE 1, 2023, THE AUTHORITY MAY NOT ISS UE BONDS. 17
322	312
323		-	(4) ~~whether~~ the ~~systems for procurements and awarding of contracts by the~~
324		-	~~Northeast Maryland Waste Disposal~~ Authority ~~have created any conflicts of interest;~~
	313	+	(B) SUBSECTION (A) OF THIS SECTION DOES NOT IMPAIR THE AUTHORITY’S 18
	314	+	POWERS AND AUTHORITY REGARDING: 19
325	315
326		-	(5) whether the operations of the Northeast Maryland Waste Disposal
327		-	Authority have led to a reduction in waste sent to incinerators and landfills in its member
328		-	jurisdictions;
	316	+	(1) ANY BONDS THAT , AS OF JUNE 1, 2023, ARE OUTSTANDING AND 20
	317	+	UNPAID; OR 21
329	318
330		-	(6) whether the Northeast Maryland Waste Disposal Authority has
331		-	contributed to its member jurisdictions attaining a higher recycling rate under the
332		-	Maryland Recycling Act than the recycling rate for nonmember jurisdictions;
333		-	Ch. 68 2023 LAWS OF MARYLAND
	319	+	(2) ANY CONTRACTS THAT , AS OF JUNE 1, 2023, RELY ON THE 22
	320	+	AUTHORITY’S BONDING AUTHORITY . 23
334	321
335		-	– 8 –
336		-	(7) whether the operations of the Northeast Maryland Waste Disposal
337		-	Authority have led to cost savings for the State and, relative to costs for nonmember
338		-	jurisdictions, the member jurisdictions of the Northeast Maryland Waste Disposal
339		-	Authority;
	322	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 24
340	323
341		-	(8) ~~what impact discontinuation~~ of the ~~Northeast Maryland Waste~~
342		-	Disposal Authority ~~would have on~~:
	324	+	(a) The Department of Legislative Services shall conduct an evaluation of the 25
	325	+	Northeast Maryland Waste Disposal Authority, including a review of: 26
343	326
344		-	(i) the State Retirement and Pension System; and
	327	+	(1) the statutes related to the Northeast Maryland Waste Disposal 27
	328	+	Authority; 28
345	329
346		-	(ii) the retirement and pension of Northeast Maryland Waste
347		-	Disposal Authority employees;
	330	+	(2) whether the Northeast Maryland Waste Disposal Authority is fulfilling 29
	331	+	its statutory purpose, including whether its duties or functions in practice differ from its 30
	332	+	duties and functions specified in statute; 31
348	333
349		-	(9) how to dispose of cash reserves and other holdings of the Northeast
350		-	Maryland Waste Disposal Authority if the Northeast Maryland Waste Disposal Authority
351		-	is discontinued;
	334	+	(3) whether continuation of the Northeast Maryland Waste Disposal 32
	335	+	Authority is necessary for the public interest, including whether the Northeast Maryland 33
	336	+	Waste Disposal Authority’s statutory purpose serves the needs of the State; 34
	337	+	8 HOUSE BILL 161
352	338
353		-	(10) whether another entity, such as the Maryland Environmental Service
354		-	or the Maryland Clean Energy Center, is better able to perform the duties and functions of
355		-	the Northeast Maryland Waste Disposal Authority; and
356	339
357		-	(11) ~~what, if any,~~ ~~legislative or nonlegislative changes should be~~
358		-	~~recommended to the General Assembly to:~~
	340	+	(4) whether the systems for procurements and awarding of contracts by the 1
	341	+	Northeast Maryland Waste Disposal Authority have created any conflicts of interest; 2
359	342
360		-	(i) improve the operations of the Northeast Maryland Waste
361		-	Disposal Authority; and
	343	+	(5) whether the operations of the Northeast Maryland Waste Disposal 3
	344	+	Authority have led to a reduction in waste sent to incinerators and landfills in its member 4
	345	+	jurisdictions; 5
362	346
363		-	(ii) merge the Northeast Maryland Waste Disposal Authority into
364		-	the Maryland Environmental Service or other appropriate entity.
	347	+	(6) whether the Northeast Maryland Waste Disposal Authority has 6
	348	+	contributed to its member jurisdictions attaining a higher recycling rate under the 7
	349	+	Maryland Recycling Act than the recycling rate for nonmember jurisdictions; 8
365	350
366		-	(b) (1) On or before December 1, 2024, the Department of Legislative Services
367		-	shall submit a report on the evaluation conducted under subsection (a) of this section to, in
368		-	accordance with § 2–1257 of the State Government Article, the Senate Education, Health,
369		-	and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the
370		-	House Environment and Transportation Committee, the House Ways and Means
371		-	Committee, and the House Appropriations Committee.
	351	+	(7) whether the operations of the Northeast Maryland Waste Disposal 9
	352	+	Authority have led to cost savings for the State and, relative to costs for nonmember 10
	353	+	jurisdictions, the member jurisdictions of the Northeast Maryland Waste Disposal 11
	354	+	Authority; 12
372	355
373		-	(2) The report submitted under paragraph (1) of this subsection shall:
	356	+	(8) what impact discontinuation of the Northeast Maryland Waste 13
	357	+	Disposal Authority would have on: 14
374	358
375		-	(i) ~~address~~ the ~~Northeast Maryland Waste Disposal Authority’s:~~
	359	+	(i) the State Retirement and Pension System; and 15
376	360
377		-	1. efficiency;
	361	+	(ii) the retirement and pension of Northeast Maryland Waste 16
	362	+	Disposal Authority employees; 17
378	363
379		-	~~2. effectiveness,~~ ~~including the ability~~ of the Northeast
380		-	Maryland Waste Disposal Authority ~~to serve~~ the ~~modern~~ waste disposal ~~needs of member~~
381		-	~~jurisdictions~~; ~~WES MOORE, Governor Ch. 68~~
	364	+	(9) how to dispose of cash reserves and other holdings of the Northeast 18
	365	+	Maryland Waste Disposal Authority if the Northeast Maryland Waste Disposal Authority 19
	366	+	is discontinued; 20
382	367
383		-	– 9 –
	368	+	(10) whether another entity, such as the Maryland Environmental Service 21
	369	+	or the Maryland Clean Energy Center, is better able to perform the duties and functions of 22
	370	+	the Northeast Maryland Waste Disposal Authority; and 23
384	371
385		-	~~3. technical abilities to implement and sustain zero–waste~~
386		-	~~methodologies that conserve all resources~~:
	372	+	(11) what, if any, legislative or nonlegislative changes should be 24
	373	+	recommended to the General Assembly to: 25
387	374
388		-	~~A. through responsible production,~~ ~~consumption, reuse,~~ ~~and~~
389		-	~~recovery of products, packaging, and materials~~; and
	375	+	(i) improve the operations of the Northeast Maryland Waste 26
	376	+	Disposal Authority; and 27
390	377
391		-	~~B. without burning~~ the ~~resources or discharging to land,~~
392		-	~~water,~~ or ~~air pollutants that threaten the environment or human health;~~
	378	+	(ii) merge the Northeast Maryland Waste Disposal Authority into 28
	379	+	the Maryland Environmental Service or other appropriate entity. 29
393	380
394		-	4. sufficiency of resources;
	381	+	(b) (1) On or before December 1, 2024, the Department of Legislative Services 30
	382	+	shall submit a report on the evaluation conducted under subsection (a) of this section to, in 31
	383	+	accordance with § 2–1257 of the State Government Article, the Senate Education, Health, 32
	384	+	and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the 33
	385	+	House Environment and Transportation Committee, the House Ways and Means 34
	386	+	Committee, and the House Appropriations Committee. 35 HOUSE BILL 161 9
395	387
396		-	5. governance;
397	388
398		-	6. adherence to and accomplishment of legislative objectives;
399		-	and
400	389
401		-	7. statutory purpose, including whether the statutory
402		-	purpose is appropriate and sufficient to help Maryland achieve the waste diversion and
403		-	recycling goals in the Maryland Recycling Act and the policies and goals established in
404		-	Executive Order 01.01.2017.13, Waste Reduction and Resour ce Recovery Plan for
405		-	Maryland; and
	390	+	(2) The report submitted under paragraph (1) of this subsection shall: 1
406	391
407		-	(ii) ~~include draft legislation to~~:
	392	+	(i) address the Northeast Maryland Waste Disposal Authority’s: 2
408	393
409		-	1. merge the Northeast Maryland Waste Disposal Authority
410		-	into the Maryland Environmental Service; and
	394	+	1. efficiency; 3
411	395
412		-	2. implement any other statutory changes recommended in
413		-	the report.
	396	+	2. effectiveness, including the ability of the Northeast 4
	397	+	Maryland Waste Disposal Authority to serve the modern waste disposal needs of member 5
	398	+	jurisdictions; 6
414	399
415		-	~~(c) (1) During the evaluation conducted under subsection (a) of this section,~~
416		-	~~the Northeast Maryland Waste Disposal Authority shall~~:
	400	+	3. technical abilities to implement and sustain zero–waste 7
	401	+	methodologies that conserve all resources: 8
417	402
418		-	~~(i) promptly provide any information that the Department of~~
419		-	~~Legislative Services requests~~; and
	403	+	A. through responsible production, consumption, reuse, and 9
	404	+	recovery of products, packaging, and materials; and 10
420	405
421		-	~~(ii) otherwise cooperate with~~ the ~~Department of Legislative Services~~
422		-	~~to carry out~~ the ~~requirements of this section.~~
	406	+	B. without burning the resources or discharging to land, 11
	407	+	water, or air pollutants that threaten the environment or human health; 12
423	408
424		-	(2) Information requested under paragraph (1)(i) of this subsection may be
425		-	provided in a format that protects the confidentiality of individuals as necessary.
	409	+	4. sufficiency of resources; 13
426	410
427		-	(d) The Department of Legislative Services shall follow procedures to maintain
428		-	the confidentiality of any information, documents, or proceedings obtained or observed in
429		-	the course of carrying out the requirements under this section. Ch. 68 2023 LAWS OF MARYLAND
	411	+	5. governance; 14
430	412
431		-	– 10 –
	413	+	6. adherence to and accomplishment of legislative objectives; 15
	414	+	and 16
432	415
433		-	SECTION 3. AND BE IT FURTHER ENACTED, That:
	416	+	7. statutory purpose, including whether the statutory 17
	417	+	purpose is appropriate and sufficient to help Maryland achieve the waste diversion and 18
	418	+	recycling goals in the Maryland Recycling Act and the policies and goals established in 19
	419	+	Executive Order 01.01.2017.13, Waste Reduction and Resource Recovery Plan for 20
	420	+	Maryland; and 21
434	421
435		-	(a) The Maryland Environmental Service and the Maryland Clean Energy Center
436		-	shall:
	422	+	(ii) include draft legislation to: 22
437	423
438		-	(1~~) review~~ the ~~functions, current employees,~~ ~~and active contracts of the~~
439		-	~~Northeast~~ Maryland ~~Waste Disposal Authority~~; and
	424	+	1. merge the Northeast Maryland Waste Disposal Authority 23
	425	+	into the Maryland Environmental Service; and 24
440	426
441		-	(2) analyze whether the Maryland Environmental Service or the Maryland
442		-	Clean Energy Center is able to assume a portion or all of the functions, current employees,
443		-	and active contracts of the Northeast Maryland Waste Disposal Authority.
	427	+	2. implement any other statutory changes recommended in 25
	428	+	the report. 26
444	429
445		-	(b) (1) On or before December 1, 2024, the Maryland Environmental Service
446		-	and the Maryland Clean Energy Center shall submit a report to, in accordance with §
447		-	2–1257 of the State Government Article, the General Assembly on the review and analysis
448		-	conducted under subsection (a) of this section.
	430	+	(c) (1) During the evaluation conducted under subsection (a) of this section, 27
	431	+	the Northeast Maryland Waste Disposal Authority shall: 28
449	432
450		-	(2) The report submitted under paragraph (1) of this subsection shall:
	433	+	(i) promptly provide any information that the Department of 29
	434	+	Legislative Services requests; and 30
	435	+	10 HOUSE BILL 161
451	436
452		-	(i) specify, for each of the Northeast Maryland Waste Disposal
453		-	Authority’s active contracts, whether:
454	437
455		-	1. the ~~Maryland Environmental Service or the Maryland~~
456		-	~~Clean Energy Center has~~ the ~~technical ability to assume the contract;~~
	438	+	(ii) otherwise cooperate with the Department of Legislative Services 1
	439	+	to carry out the requirements of this section. 2
457	440
458		-	2. the contract is necessary;
	441	+	(2) Information requested under paragraph (1)(i) of this subsection may be 3
	442	+	provided in a format that protects the confidentiality of individuals as necessary. 4
459	443
460		-	3. the purpose of the contract can be achieved in another
461		-	manner, including by the relevant jurisdiction itself; and
	444	+	(d) The Department of Legislative Services shall follow procedures to maintain 5
	445	+	the confidentiality of any information, documents, or proceedings obtained or observed in 6
	446	+	the course of carrying out the requirements under this section. 7
462	447
463		-	4. the Maryland Environmental Service or the Maryland
464		-	Clean Energy Center could legally assume the contract;
	448	+	SECTION 3. AND BE IT FURTHER ENACTED, That: 8
465	449
466		-	(ii) specify whether current employees of the Northeast Maryland
467		-	Waste Disposal Authority could be legally reassigned to the Maryland Environmental
468		-	Service or the Maryland Clean Energy Center; and
	450	+	(a) The Maryland Environmental Service and the Maryland Clean Energy Center 9
	451	+	shall: 10
469	452
470		-	(iii) include enough detail for the General Assembly to determine
471		-	whether the Northeast Maryland Waste Disposal Authority should continue in its current
472		-	form.
	453	+	(1) review the functions, current employees, and active contracts of the 11
	454	+	Northeast Maryland Waste Disposal Authority; and 12
473	455
474		-	(c) ~~(1) During~~ the ~~review and analysis conducted under subsection (a) of this~~
475		-	~~section,~~ the ~~Northeast Maryland Waste Disposal Authority shall:~~
476		-	~~WES MOORE,~~ ~~Governor~~ Ch. 68
	456	+	(2) analyze whether the Maryland Environmental Service or the Maryland 13
	457	+	Clean Energy Center is able to assume a portion or all of the functions, current employees, 14
	458	+	and active contracts of the Northeast Maryland Waste Disposal Authority. 15
477	459
478		-	– 11 –
479		-	(i) promptly provide any information that the Maryland
480		-	Environmental Service or the Maryland Clean Energy Center requests; and
	460	+	(b) (1) On or before December 1, 2024, the Maryland Environmental Service 16
	461	+	and the Maryland Clean Energy Center shall submit a report to, in accordance with § 17
	462	+	2–1257 of the State Government Article, the General Assembly on the review and analysis 18
	463	+	conducted under subsection (a) of this section. 19
481	464
482		-	(ii) otherwise cooperate with the Maryland Environmental Service
483		-	and the Maryland Clean Energy Center to carry out the requirements of this section.
	465	+	(2) The report submitted under paragraph (1) of this subsection shall: 20
484	466
485		-	~~(2) Information requested under paragraph (1)~~(i) of ~~this subsection may be~~
486		-	~~provided in a format that protects the confidentiality of individuals as necessary.~~
	467	+	(i) specify, for each of the Northeast Maryland Waste Disposal 21
	468	+	Authority’s active contracts, whether: 22
487	469
488		-	(d) The Maryland Environmental Service and the Maryland Clean Energy Center
489		-	shall follow procedures to maintain the confidentiality of any information, documents, or
490		-	proceedings obtained or observed in the course of carrying out the requirements under this
491		-	section.
	470	+	1. the Maryland Environmental Service or the Maryland 23
	471	+	Clean Energy Center has the technical ability to assume the contract; 24
492	472
493		-	SECTION 4. AND BE IT FURTHER ENACTED, That an entity that assumes a
494		-	portion or all of the functions, current employees, or active contracts of the Northeast
495		-	Maryland Waste Disposal Authority shall establish a system for maintaining stakeholder
496		-	engagement.
	473	+	2. the contract is necessary; 25
497	474
498		-	~~SECTION 5~~. ~~AND~~ BE ~~IT FURTHER ENACTED,~~ ~~That the Maryland Environmental~~
499		-	~~Service shall:~~
	475	+	3. the purpose of the contract can be achieved in another 26
	476	+	manner, including by the relevant jurisdiction itself; and 27
500	477
501		-	(1) temporarily assume all of the functions, current employees, and active
502		-	contracts of the Northeast Maryland Waste Disposal Authority during any merger of the
503		-	Northeast Maryland Waste Disposal Authority with another entity; and
	478	+	4. the Maryland Environmental Service or the Maryland 28
	479	+	Clean Energy Center could legally assume the contract; 29
504	480
505		-	(2) ~~maintain the assumption~~ of the ~~functions, current employees,~~ ~~and~~
506		-	~~active contracts of the Northeast Maryland~~ Waste Disposal Authority ~~until~~ the ~~entity with~~
507		-	~~which~~ the ~~Northeast~~ Maryland ~~Waste Disposal Authority merges is prepared~~ and ~~ready to~~
508		-	~~assume those functions, current employees, and active contracts.~~
	481	+	(ii) specify whether current employees of the Northeast Maryland 30
	482	+	Waste Disposal Authority could be legally reassigned to the Maryland Environmental 31
	483	+	Service or the Maryland Clean Energy Center; and 32
	484	+	HOUSE BILL 161 11
509	485
510		-	SECTION 4. 6. AND BE IT FURTHER ENACTED, That a presently existing
511		-	obligation or contract right may not be impaired in any way by this Act.
512	486
513		-	SECTION 5. 7. AND BE IT FURTHER ENACTED, That this Act shall take effect
514		-	June 1, 2023.
	487	+	(iii) include enough detail for the General Assembly to determine 1
	488	+	whether the Northeast Maryland Waste Disposal Authority should continue in its current 2
	489	+	form. 3
515	490
516		-	Approved by the Governor, April 11, 2023.
	491	+	(c) (1) During the review and analysis conducted under subsection (a) of this 4
	492	+	section, the Northeast Maryland Waste Disposal Authority shall: 5
	493	+
	494	+	(i) promptly provide any information that the Maryland 6
	495	+	Environmental Service or the Maryland Clean Energy Center requests; and 7
	496	+
	497	+	(ii) otherwise cooperate with the Maryland Environmental Service 8
	498	+	and the Maryland Clean Energy Center to carry out the requirements of this section. 9
	499	+
	500	+	(2) Information requested under paragraph (1)(i) of this subsection may be 10
	501	+	provided in a format that protects the confidentiality of individuals as necessary. 11
	502	+
	503	+	(d) The Maryland Environmental Service and the Maryland Clean Energy Center 12
	504	+	shall follow procedures to maintain the confidentiality of any information, documents, or 13
	505	+	proceedings obtained or observed in the course of carrying out the requirements under this 14
	506	+	section. 15
	507	+
	508	+	SECTION 4. AND BE IT FURTHER ENACTED, That an entity that assumes a 16
	509	+	portion or all of the functions, current employees, or active contracts of the Northeast 17
	510	+	Maryland Waste Disposal Authority shall establish a system for maintaining stakeholder 18
	511	+	engagement. 19
	512	+
	513	+	SECTION 5. AND BE IT FURTHER ENACTED, That the Maryland Environmental 20
	514	+	Service shall: 21
	515	+
	516	+	(1) temporarily assume all of the functions, current employees, and active 22
	517	+	contracts of the Northeast Maryland Waste Disposal Authority during any merger of the 23
	518	+	Northeast Maryland Waste Disposal Authority with another entity; and 24
	519	+
	520	+	(2) maintain the assumption of the functions, current employees, and 25
	521	+	active contracts of the Northeast Maryland Waste Disposal Authority until the entity with 26
	522	+	which the Northeast Maryland Waste Disposal Authority merges is prepared and ready to 27
	523	+	assume those functions, current employees, and active contracts. 28
	524	+
	525	+	SECTION 4. 6. AND BE IT FURTHER ENACTED, That a presently existing 29
	526	+	obligation or contract right may not be impaired in any way by this Act. 30
	527	+
	528	+	SECTION 5. 7. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
	529	+	June 1, 2023. 32
	530	+