EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0843*
HOUSE BILL 843
M3, C5, L6 EMERGENCY BILL 3lr2442
CF SB 880
By: Delegates Smith, Ebersole, Addison, Allen, Amprey, Attar, Bhandari, Boyce,
Cardin, Conaway, Edelson, Embry, Forbes, Guyton, Jackson, R. Lewis,
Mangione, McCaskill, Metzgar, Pasteur, Ruth, Stein, White, and Young
Introduced and read first time: February 9, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Baltimore Regional Water Governance Task Force 2
FOR the purpose of establishing the Baltimore Regional Water Governance Task Force to 3
study approaches to water and wastewater governance in the Baltimore region; and 4
generally relating to water supply and wastewater treatment in the Baltimore 5
region. 6
Preamble 7
WHEREAS, The General Assembly of Maryland granted general authority to 8
Baltimore City to develop a water supply system within and outside of its borders, impound 9
and withdraw water from the Gunpowder River, the Patapsco River, and the Little 10
Gunpowder River, and withdraw water from the Susquehanna River; and 11
WHEREAS, The water supply system developed by Baltimore City has supported 12
the development and expansion of adjacent regional counties; and 13
WHEREAS, Chapter 539 of 1924 established a Metropolitan District within 14
Baltimore County authorizing Baltimore County to construct, maintain, and operate 15
wastewater systems within the Metropolitan District and required Baltimore City to 16
extend the water supply lines within the Metropolitan District; and 17
WHEREAS, Chapter 729 of 1939 authorized Baltimore County to enter into 18
contractual agreements with Baltimore City for the disposal of wastewater and for the 19
establishment, construction, operation, and maintenance of and costs associated with the 20
water supply and wastewater systems; and 21
WHEREAS, Baltimore County and Baltimore City entered into agreements in 1945 22
and 1963, and, most recently, in 1972 and 1974 recognizing that “substantial increases in 23 2 HOUSE BILL 843
population, volume of sewage, operation and maintenance costs, and costs of construction” 1
for the jointly–used water and wastewater systems compelled updates to the jurisdiction 2
management and funding of the systems; and 3
WHEREAS, In 1991, arbitration clarified that individuals who use water services 4
within the Metropolitan District were customers of Baltimore City’s water system and were 5
principals of Baltimore County in the provision of water services; and 6
WHEREAS, Due to regional population growth , Baltimore City’s water and 7
wastewater system now provides water and wastewater service to additional jurisdictions, 8
including Anne Arundel County, Carroll County, Harford County, and Howard County and 9
now serves more than 1.8 million regional residents; and 10
WHEREAS, In accordance with Title 9, Subtitle 5 of the Environment Article, 11
Baltimore City alone develops the plans for water supply and wastewater systems, 12
including operations, maintenance, and capital investments, while Baltimore County pays 13
their proportionate share of the costs; and 14
WHEREAS, Baltimore City and Baltimore County jointly engaged consultants to 15
conduct a comprehensive business process review to identify strengths and weaknesses of 16
the current governance, planning, data management, and operations of the water and 17
wastewater utilities, to identify opportunities to improve interjurisdictional collaboration, 18
and to understand the current state of the structures and processes for the delivery of water 19
and wastewater services, including operations, planning, and billing, the results of which 20
were finalized in July 2021 in the Water/Sewer Services Comprehensive Business Process 21
Review; and 22
WHEREAS, The consultants provided several models of governance and operations 23
that may provide optimal customer service, system reliability, or interjurisdictional 24
collaboration, and specifically recommended the exploration of alternative governance 25
structures; and 26
WHEREAS, The consultants highlighted the development, operations, and 27
governance of several existing regional models for water and wastewater across the 28
country; now, therefore, 29
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 30
That: 31
(a) There is a Baltimore Regional Water Governance Task Force. 32
(b) (1) The Task Force consists of the following members: 33
(i) one member of the Senate of Maryland, appointed by the 34
President of the Senate; 35
(ii) one member of the House of Delegates, appointed by the Speaker 36 HOUSE BILL 843 3
of the House; 1
(iii) two members appointed by the Governor; 2
(iv) five members appointed by the Mayor of Baltimore City; 3
(v) three members appointed by the County Executive of Baltimore 4
County; and 5
(vi) one member from either Anne Arundel County, Carroll County, 6
Howard County, or Harford County, appointed by the Chair of the Baltimore Metropolitan 7
Council. 8
(2) Each member shall: 9
(i) have knowledge of: 10
1. water; 11
2. wastewater; or 12
3. financing of water or wastewater infrastructure; or 13
(ii) represent ratepayers in their respective jurisdictions. 14
(c) The Mayor of Baltimore City and the County Executive of Baltimore County 15
shall jointly designate a chair of the Task Force. 16
(d) The Mayor of Baltimore City and the County Executive of Baltimore County 17
shall jointly provide staff for the Task Force. 18
(e) A member of the Task Force: 19
(1) may not receive compensation as a member of the Task Force; but 20
(2) is entitled to reimbursement for expenses under the Standard State 21
Travel Regulations, as provided in the State budget. 22
(f) (1) The Task Force shall strive for consensus among its members. 23
(2) An affirmative vote of 10 members is needed for the Task Force to act. 24
(g) The Task Force shall: 25
(1) review the findings under Task 2 (Review the City and County 26
Organizational Structure and Governance Models) of the Water/Sewer Services 27
Comprehensive Business Process Review for Baltimore City and Baltimore County, as 28 4 HOUSE BILL 843
finalized in July 2021; 1
(2) review the findings under Task 2.4 (Governance Model Examples and 2
Case Reviews) of the Water/Sewer Services Comprehensive Business Process Review for 3
Baltimore City and Baltimore County, as finalized in July 2021, and other existing regional 4
water and wastewater governance models to assess how different regional approaches may 5
improve: 6
(i) management; 7
(ii) operations; 8
(iii) employee recruitment; 9
(iv) retention and training; 10
(v) billing and collections; 11
(vi) planning for capital improvements; 12
(vii) emergency management; and 13
(viii) rate stability for customers; 14
(3) assess alternative governance structures for the Baltimore region’s 15
water and wastewater utility, including frameworks for: 16
(i) governance; 17
(ii) financing; 18
(iii) capital planning; 19
(iv) future system capacity expansion; 20
(v) decision–making processes; and 21
(vi) ongoing operations and maintenance of safe, efficient, equitable, 22
and affordable water and wastewater systems serving the Baltimore region; 23
(4) analyze the fiscal implications and efficiencies of each alternative 24
governance structure, including estimated short– and long–term costs, 10–year historical 25
costs that both jurisdictions have paid to the utility, and cost–savings associated with: 26
(i) systems transitions; 27
(ii) asset leases and capital planning; 28 HOUSE BILL 843 5
(iii) rate restructuring for Baltimore City, Baltimore County, and 1
other wholesale stakeholders; 2
(iv) debt consolidation and extension; 3
(v) staffing and pension liabilities; and 4
(vi) other relevant costs to jurisdictions or customers served by the 5
shared systems; and 6
(5) recommend the governance model best suited for water and wastewater 7
systems in the Baltimore region and the necessary legislation and funding to establish the 8
recommended model. 9
(h) In developing the recommendations and report required under this section, 10
the Task Force shall consult with the Department of the Environment and the Maryland 11
Environmental Service. 12
(i) On or before January 30, 2024, the Task Force shall report its findings and 13
recommendations to the Mayor of Baltimore City, the County Executive of Baltimore 14
County, the Governor, and, in accordance with § 2–1257 of the State Government Article, 15
the General Assembly. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 17
measure, is necessary for the immediate preservation of the public health or safety, has 18
been passed by a yea and nay vote supported by three–fifths of all the members elected to 19
each of the two Houses of the General Assembly, and shall take effect from the date it is 20
enacted. It shall remain effective through June 30, 2024, and, at the end of June 30, 2024, 21
this Act, with no further action required by the General Assembly, shall be abrogated and 22
of no further force and effect. 23