MD
Maryland House Bill HB843

Maryland 2023 Regular Session

Maryland House Bill HB843 Compare Versions

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1- WES MOORE, Governor Ch. 179
21
3-– 1 –
4-Chapter 179
5-(House Bill 843)
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0843*
810
9-Baltimore Regional Water Governance Task Force
11+HOUSE BILL 843
12+M3, C5, L6 EMERGENCY BILL (3lr2442)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Energy, and the Environment —
15+Introduced by Delegates Smith, Ebersole, Addison, Allen, Amprey, Attar, Bhandari,
16+Boyce, Cardin, Conaway, Edelson, Embry, Forbes, Guyton, Jackson,
17+R. Lewis, Mangione, McCaskill, Metzgar, Pasteur, Ruth, Stein, White, and
18+Young
1019
11-FOR the purpose of establishing the Baltimore Regional Water Governance Task Force to
12-study approaches to water and wastewater governance in the Baltimore region; and
13-generally relating to water supply and wastewater treatment in the Baltimore
14-region.
20+Read and Examined by Proofreaders:
1521
16-Preamble
22+_______________________________________________
23+Proofreader.
24+_______________________________________________
25+Proofreader.
1726
18- WHEREAS, The General Assembly of Maryland granted general authority to
19-Baltimore City to develop a water supply system within and outside of its borders, impound
20-and withdraw water from the Gunpowder River, the Patapsco River, and the Little
21-Gunpowder River, and withdraw water from the Susquehanna River; and
27+Sealed with the Great Seal and presented to the Governor, for his approval this
2228
23- WHEREAS, The water supply system developed by Baltimore City has supported
24-the development and expansion of adjacent regional counties; and
29+_______ day of _______________ at ______________________ __ o’clock, ________M.
2530
26- WHEREAS, Chapter 539 of 1924 established a Metropolitan District within
27-Baltimore County authorizing Baltimore County to construct, maintain, and operate
28-wastewater systems within the Metropolitan District and required Baltimore City to
29-extend the water supply lines within the Metropolitan District; and
31+______________________________________________
32+Speaker.
3033
31- WHEREAS, Chapter 729 of 1939 authorized Baltimore County to enter into
32-contractual agreements with Baltimore City for the disposal of wastewater and for the
33-establishment, construction, operation, and maintenance of and costs associated with the
34-water supply and wastewater systems; and
34+CHAPTER ______
3535
36- WHEREAS, Baltimore County and Baltimore City entered into agreements in 1945
37-and 1963, and, most recently, in 1972 and 1974 recognizing that “substantial increases in
38-population, volume of sewage, operation and maintenance costs, and costs of construction”
39-for the jointly–used water and wastewater systems compelled updates to the jurisdiction
40-management and funding of the systems; and
36+AN ACT concerning 1
4137
42- WHEREAS, In 1991, arbitration clarified that individuals who use water services
43-within the Metropolitan District were customers of Baltimore City’s water system and were
44-principals of Baltimore County in the provision of water services; and
38+Baltimore Regional Water Governance Task Force 2
4539
46- WHEREAS, Due to regional population growth, Baltimore City’s water and
47-wastewater system now provides water and wastewater service to additional jurisdictions,
48-including Anne Arundel County, Carroll County, Harford County, and Howard County and
49-now serves more than 1.8 million regional residents; and Ch. 179 2023 LAWS OF MARYLAND
40+FOR the purpose of establishing the Baltimore Regional Water Governance Task Force to 3
41+study approaches to water and wastewater governance in the Baltimore region; and 4
42+generally relating to water supply and wastewater treatment in the Baltimore 5
43+region. 6
5044
51-– 2 –
45+Preamble 7
5246
53- WHEREAS, In accordance with Title 9, Subtitle 5 of the Environment Article,
54-Baltimore City alone develops the plans for water supply and wastewater systems,
55-including operations, maintenance, and capital investments, while Baltimore County pays
56-their proportionate share of the costs; and
47+ WHEREAS, The General Assembly of Maryland granted general authority to 8
48+Baltimore City to develop a water supply system within and outside of its borders, impound 9 2 HOUSE BILL 843
5749
58- WHEREAS, Baltimore City and Baltimore County jointly engaged consultants to
59-conduct a comprehensive business process review to identify strengths and weaknesses of
60-the current governance, planning, data management, and operations of the water and
61-wastewater utilities, to identify opportunities to improve interjurisdictional collaboration,
62-and to understand the current state of the structures and processes for the delivery of water
63-and wastewater services, including operations, planning, and billing, the results of which
64-were finalized in July 2021 in the Water/Sewer Services Comprehensive Business Process
65-Review; and
6650
67- WHEREAS, The consultants provided several models of governance and operations
68-that may provide optimal customer service, system reliability, or interjurisdictional
69-collaboration, and specifically recommended the exploration of alternative governance
70-structures; and
51+and withdraw water from the Gunpowder River, the Patapsco River, and the Little 1
52+Gunpowder River, and withdraw water from the Susquehanna River; and 2
7153
72- WHEREAS, The consultants highlighted the development, operations, and
73-governance of several existing regional models for water and wastewater across the
74-country; now, therefore,
54+ WHEREAS, The water supply system developed by Baltimore City has supported 3
55+the development and expansion of adjacent regional counties; and 4
7556
76- SECTION 1. BE IT ENACTED BY THE GENER AL ASSEMBLY OF MARYLAND,
77-That:
57+ WHEREAS, Chapter 539 of 1924 established a Metr opolitan District within 5
58+Baltimore County authorizing Baltimore County to construct, maintain, and operate 6
59+wastewater systems within the Metropolitan District and required Baltimore City to 7
60+extend the water supply lines within the Metropolitan District; and 8
7861
79- (a) There is a Baltimore Regional Water Governance Task Force.
62+ WHEREAS, Chapter 729 of 1939 authorized Baltimore County to enter into 9
63+contractual agreements with Baltimore City for the disposal of wastewater and for the 10
64+establishment, construction, operation, and maintenance of and costs associated with the 11
65+water supply and wastewater systems; and 12
8066
81- (b) (1) The Task Force consists of the following members:
67+ WHEREAS, Baltimore County and Baltimore City entered into agreements in 1945 13
68+and 1963, and, most recently, in 1972 and 1974 recognizing that “substantial increases in 14
69+population, volume of sewage, operation and maintenance costs, and costs of construction” 15
70+for the jointly–used water and wastewater systems compelled updates to the jurisdiction 16
71+management and funding of the systems; and 17
8272
83- (i) one member of the Senate of Maryland, appointed by the
84-President of the Senate;
73+ WHEREAS, In 1991, arbitration clarified that individuals who use water services 18
74+within the Metropolitan District were customers of Baltimore City’s water system and were 19
75+principals of Baltimore County in the provision of water services; and 20
8576
86- (ii) one member of the House of Delegates, appointed by the Speaker
87-of the House;
77+ WHEREAS, Due to regional population growth, Baltimore City’s water and 21
78+wastewater system now provides water and wastewater service to additional jurisdictions, 22
79+including Anne Arundel County, Carroll County, Harford County, and Howard County and 23
80+now serves more than 1.8 million regional residents; and 24
8881
89- (iii) two members appointed by the Governor;
82+ WHEREAS, In accordance with Title 9, Subtitle 5 of the Environment Article, 25
83+Baltimore City alone develops the plans for water supply and wastewater systems, 26
84+including operations, maintenance, and capital investments, while Baltimore County pays 27
85+their proportionate share of the costs; and 28
9086
91- (iv) five members appointed by the Mayor of Baltimore City;
87+ WHEREAS, Baltimore City and Baltimore County jointly engaged consultants to 29
88+conduct a comprehensive business process review to identify strengths and weaknesses of 30
89+the current governance, planning, data management, and operations of the water and 31
90+wastewater utilities, to identify opportunities to improve interjurisdictional collaboration, 32
91+and to understand the current state of the structures and processes for the delivery of water 33
92+and wastewater services, including operations, planning, and billing, the results of which 34
93+were finalized in July 2021 in the Water/Sewer Services Comprehensive Business Process 35
94+Review; and 36
9295
93- (v) three members appointed by the County Executive of Baltimore
94-County; and
95- WES MOORE, Governor Ch. 179
96+ WHEREAS, The consultants provided several models of governance and operations 37
97+that may provide optimal customer service, system reliability, or interjurisdictional 38 HOUSE BILL 843 3
9698
97-– 3 –
98- (vi) one member from either Anne Arundel County, Carroll County,
99-Howard County, or Harford County, appointed by the Chair of the Baltimore Metropolitan
100-Council.
10199
102- (2) Each member shall:
100+collaboration, and specifically recommended the exploration of alternative governance 1
101+structures; and 2
103102
104- (i) have knowledge of:
103+ WHEREAS, The consultants highlighted the development, operations, and 3
104+governance of several existing regional models for water and wastewater across the 4
105+country; now, therefore, 5
105106
106- 1. water;
107+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
108+That: 7
107109
108- 2. wastewater; or
110+ (a) There is a Baltimore Regional Water Governance Task Force. 8
109111
110- 3. financing of water or wastewater infrastructure; or
112+ (b) (1) The Task Force consists of the following members: 9
111113
112- (ii) represent ratepayers in their respective jurisdictions.
114+ (i) one member of the Senate of Maryland, appointed by the 10
115+President of the Senate; 11
113116
114- (c) The Mayor of Baltimore City and the County Executive of Baltimore County
115-shall jointly designate a chair of the Task Force.
117+ (ii) one member of the House of Delegates, appointed by the Speaker 12
118+of the House; 13
116119
117- (d) The Mayor of Baltimore City and the County Executive of Baltimore County
118-shall jointly provide staff for the Task Force.
120+ (iii) two members appointed by the Governor; 14
119121
120- (e) A member of the Task Force:
122+ (iv) five members appointed by the Mayor of Baltimore City; 15
121123
122- (1) may not receive compensation as a member of the Task Force; but
124+ (v) three members appointed by the County Executive of Baltimore 16
125+County; and 17
123126
124- (2) is entitled to reimbursement for expenses under the Standard State
125-Travel Regulations, as provided in the State budget.
127+ (vi) one member from either Anne Arundel County, Carroll County, 18
128+Howard County, or Harford County, appointed by the Chair of the Baltimore Metropolitan 19
129+Council. 20
126130
127- (f) (1) The Task Force shall strive for consensus among its members.
131+ (2) Each member shall: 21
128132
129- (2) An affirmative vote of 10 members is needed for the Task Force to act.
133+ (i) have knowledge of: 22
130134
131- (g) The Task Force shall:
135+ 1. water; 23
132136
133- (1) review the findings under Task 2 (Review the City and County
134-Organizational Structure and Governance Models) of the Water/Sewer Services
135-Comprehensive Business Process Review for Baltimore City and Baltimore County, as
136-finalized in July 2021;
137+ 2. wastewater; or 24
137138
138- (2) review the findings under Task 2.4 (Governance Model Examples and
139-Case Reviews) of the Water/Sewer Services Comprehensive Business Process Review for
140-Baltimore City and Baltimore County, as finalized in July 2021, and other existing regional
141-water and wastewater governance models to assess how different regional approaches may
142-improve:
143- Ch. 179 2023 LAWS OF MARYLAND
139+ 3. financing of water or wastewater infrastructure; or 25
144140
145-– 4 –
146- (i) management;
141+ (ii) represent ratepayers in their respective jurisdictions. 26
147142
148- (ii) operations;
143+ (c) The Mayor of Baltimore City and the County Executive of Baltimore County 27
144+shall jointly designate a chair of the Task Force. 28
145+ 4 HOUSE BILL 843
149146
150- (iii) employee recruitment;
151147
152- (iv) retention and training;
148+ (d) The Mayor of Baltimore City and the County Executive of Baltimore County 1
149+shall jointly provide staff for the Task Force. 2
153150
154- (v) billing and collections;
151+ (e) A member of the Task Force: 3
155152
156- (vi) planning for capital improvements;
153+ (1) may not receive compensation as a member of the Task Force; but 4
157154
158- (vii) emergency management; and
155+ (2) is entitled to reimbursement for expenses under the Standard State 5
156+Travel Regulations, as provided in the State budget. 6
159157
160- (viii) rate stability for customers;
158+ (f) (1) The Task Force shall strive for consensus among its members. 7
161159
162- (3) assess alternative governance structures for the Baltimore region’s
163-water and wastewater utility, including frameworks for:
160+ (2) An affirmative vote of 10 members is needed for the Task Force to act. 8
164161
165- (i) governance;
162+ (g) The Task Force shall: 9
166163
167- (ii) financing;
164+ (1) review the findings under Task 2 (Review the City and County 10
165+Organizational Structure and Governance Models) of the Water/Sewer Services 11
166+Comprehensive Business Process Review for Baltimore City and Baltimore County, as 12
167+finalized in July 2021; 13
168168
169- (iii) capital planning;
169+ (2) review the findings under Task 2.4 (Governance Model Examples and 14
170+Case Reviews) of the Water/Sewer Services Comprehensive Business Process Review for 15
171+Baltimore City and Baltimore County, as finalized in July 2021, and other existing regional 16
172+water and wastewater governance models to assess how different regional approaches may 17
173+improve: 18
170174
171- (iv) future system capacity expansion;
175+ (i) management; 19
172176
173- (v) decision–making processes; and
177+ (ii) operations; 20
174178
175- (vi) ongoing operations and maintenance of safe, efficient, equitable,
176-and affordable water and wastewater systems serving the Baltimore region;
179+ (iii) employee recruitment; 21
177180
178- (4) analyze the fiscal implications and efficiencies of each alternative
179-governance structure, including estimated short– and long–term costs, 10–year historical
180-costs that both jurisdictions have paid to the utility, and cost–savings associated with:
181+ (iv) retention and training; 22
181182
182- (i) systems transitions;
183+ (v) billing and collections; 23
183184
184- (ii) asset leases and capital planning;
185+ (vi) planning for capital improvements; 24
185186
186- (iii) rate restructuring for Baltimore City, Baltimore County, and
187-other wholesale stakeholders;
187+ (vii) emergency management; and 25
188188
189- (iv) debt consolidation and extension;
189+ (viii) rate stability for customers; 26
190190
191- (v) staffing and pension liabilities; and WES MOORE, Governor Ch. 179
191+ (3) assess alternative governance structures for the Baltimore region’s 27
192+water and wastewater utility, including frameworks for: 28
192193
193-– 5 –
194+ (i) governance; 29 HOUSE BILL 843 5
194195
195- (vi) other relevant costs to jurisdictions or customers served by the
196-shared systems; and
197196
198- (5) recommend the governance model best suited for water and wastewater
199-systems in the Baltimore region and the necessary legislation and funding to establish the
200-recommended model.
201197
202- (h) In developing the recommendations and report required under this section,
203-the Task Force shall consult with the Department of the Environment and the Maryland
204-Environmental Service.
198+ (ii) financing; 1
205199
206- (i) It is the intent of the General Assembly that the Task Force strengthen the
207-governance of the Baltimore region’s water and wastewater utility as a public asset.
200+ (iii) capital planning; 2
208201
209- (j) On or before January 30, 2024, the Task Force shall report its findings and
210-recommendations to the Mayor of Baltimore City, the County Executive of Baltimore
211-County, the Governor, and, in accordance with § 2–1257 of the State Government Article,
212-the General Assembly.
202+ (iv) future system capacity expansion; 3
213203
214- SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act is an emergency
215-measure, is necessary for the immediate preservation of the public health or safety, has
216-been passed by a yea and nay vote supported by three–fifths of all the members elected to
217-each of the two Houses of the General Assembly, and shall take effect from the date it is
218-enacted. It shall remain effective through June 30, 2024, and, at the end of June 30, 2024,
219-this Act, with no further action required by the General Assembly, shall be abrogated and
220-of no further force and effect.
204+ (v) decision–making processes; and 4
221205
222-Approved by the Governor, April 24, 2023.
206+ (vi) ongoing operations and maintenance of safe, efficient, equitable, 5
207+and affordable water and wastewater systems serving the Baltimore region; 6
208+
209+ (4) analyze the fiscal implications and efficiencies of each alternative 7
210+governance structure, including estimated short– and long–term costs, 10–year historical 8
211+costs that both jurisdictions have paid to the utility, and cost–savings associated with: 9
212+
213+ (i) systems transitions; 10
214+
215+ (ii) asset leases and capital planning; 11
216+
217+ (iii) rate restructuring for Baltimore City, Baltimore County, and 12
218+other wholesale stakeholders; 13
219+
220+ (iv) debt consolidation and extension; 14
221+
222+ (v) staffing and pension liabilities; and 15
223+
224+ (vi) other relevant costs to jurisdictions or customers served by the 16
225+shared systems; and 17
226+
227+ (5) recommend the governance model best suited for water and wastewater 18
228+systems in the Baltimore region and the necessary legislation and funding to establish the 19
229+recommended model. 20
230+
231+ (h) In developing the recommendations and report required under this section, 21
232+the Task Force shall consult with the Department of the Environment and the Maryland 22
233+Environmental Service. 23
234+
235+ (i) It is the intent of the General Assembly that the Task Force strengthen the 24
236+governance of the Baltimore region’s water and wastewater utility as a public asset. 25
237+
238+ (j) On or before January 30, 2024, the Task Force shall report its findings and 26
239+recommendations to the Mayor of Baltimore City, the County Executive of Baltimore 27
240+County, the Governor, and, in accordance with § 2–1257 of the State Government Article, 28
241+the General Assembly. 29
242+ 6 HOUSE BILL 843
243+
244+
245+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 1
246+measure, is necessary for the immediate preservation of the public health or safety, has 2
247+been passed by a yea and nay vote supported by three–fifths of all the members elected to 3
248+each of the two Houses of the General Assembly, and shall take effect from the date it is 4
249+enacted. It shall remain effective through June 30, 2024, and, at the end of June 30, 2024, 5
250+this Act, with no further action required by the General Assembly, shall be abrogated and 6
251+of no further force and effect. 7
252+
253+
254+
255+
256+Approved:
257+________________________________________________________________________________
258+ Governor.
259+________________________________________________________________________________
260+ Speaker of the House of Delegates.
261+________________________________________________________________________________
262+ President of the Senate.