EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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HOUSE BILL 887
L2 3lr1368
By: St. Mary’s County Delegation
Introduced and read first time: February 9, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
St. Mary’s County – Metropolitan Commission – New Facilities 2
FOR the purpose of requiring the St. Mary’s County Metropolitan Commission to obtain 3
the approval from the St. Mary’s County Commissioners before submitting a certain 4
loan application under certain circumstances; requiring the Commission to cause 5
studies, plans, and estimates to be made for new facilities in certain portions of the 6
county; requiring the Commission to give certain notice of new facilities, make 7
available the plans of the new facilities, and hold a certain hearing on the proposed 8
new facilities under certain circumstances; requiring any excess revenue made by 9
the Commission in the sale or transfer of certain debt to be exempt from taxation; 10
authorizing the costs of certain changes related to the establishment of the 11
Commission’s water supply or sewerage systems or other works to be borne and paid 12
for in full or in part by the Commission, subject to a prior rights determination by 13
the Commission; and generally relating to establishing, expanding, or extending 14
water or sewerage systems in St. Mary’s County. 15
BY repealing and reenacting, with amendments, 16
The Public Local Laws of St. Mary’s County 17
Section 113–1, 113–3C., 113–5A., 113–6B., 113–7C., 113–11G., 113–17D., 113–19C., 18
and 113–20 19
Article 19 – Public Local Laws of Maryland 20
(2007 Edition and 2022 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article 19 – St. Mary’s County 24
113–1. 25
For the purposes of this chapter the following definitions shall apply: 26 2 HOUSE BILL 887
A. Capital Contribution Charge. The term “capital contribution charge” shall 1
mean an amount based on capital costs that is imposed and collected on a new connection 2
to a water supply or sewerage system under this chapter. 3
B. Connection Charge. The term “connection charge” shall mean a capital 4
contribution charge or connection fee. 5
C. Connection Fee. The term “connection fee” shall mean an amount based on the 6
cost of connection that is imposed on a new connection to a water supply or sewerage system 7
under this chapter. 8
D. County. The term “County” shall mean the Commissioners of St. Mary’s 9
County. 10
E. Dwelling. The term “dwelling” shall mean a principal residence of a 11
homeowner and includes the lot on which a house is situated. 12
F. EDU. The term “EDU” shall mean equivalent dwelling unit and shall equate 13
to the generally accepted average volume in gallons per day, of wastewater generated by 14
one (1) residential dwelling unit, as determined and allocated by the St. Mary’s County 15
Department of Land Use and Growth Management. 16
G. Facilities Plan. The term “facilities plan” shall mean a plan prepared 17
periodically by the Metropolitan Commission, in conjunction with the St. Mary’s County 18
Department of Land Use and Growth Management to evaluate, identify and prioritize 19
recommended capital improvements to public water and sewer systems in St. Mary’s 20
County, over a specified time period. 21
H. Homeowner. The term “homeowner” shall mean a person who resides in a 22
dwelling and has an ownership interest in the dwelling, including a life estate, joint 23
tenancy, tenancy in common, tenancy by the entirety, or fee simple interest. 24
I. Metropolitan Commission. The term “Metropolitan Commission” shall mean 25
the organization known as the St. Mary’s County Metropolitan Commission, to include the 26
staff of the Metropolitan Commission. 27
J. NEW FACILITY. THE TERM “NEW FACILITY ” OR “NEW FACILITIES ” 28
SHALL MEAN EACH WATE R OR SEWERAGE SYSTEM THAT IS EITHER A NEW S YSTEM 29
OR AN EXPANSION OR EXTENSION OF AN EXISTING SYSTE M, WHICH PROVIDE S NEW 30
WATER OR SEWERAGE SERVICE TO PROPERTIE S NOT PREVIOUSLY SER VED BY 31
PUBLIC WATER OR SEWE R. 32
K. Principal Residence. The term “principal residence” shall mean a house that 33
is occupied by a homeowner for more than six (6) months of a consecutive twelve–month 34 HOUSE BILL 887 3
period, unless the reason for non–occupancy is the result of hospitalization or residency in 1
a long–term health care institution. 2
[K.] L. Publication. The term “publication” shall mean notice to all persons 3
having any interest in a property. 4
[L.] M. Ready–To–Serve Charge. The term “ready–to–serve charge” shall mean 5
the minimum charge for water service. 6
[M.] N. Remote Area. The term “remote area” shall mean an area in which it is 7
economically not feasible to provide service at the uniform rate because of the distance of 8
the area from the principal facilities of the Metropolitan Commission. 9
[N.] O. Remote Area Charge. The term “remote area charge” shall mean an 10
additional service charge to meet the additional cost of providing service to a remote area 11
property. 12
[O.] P. Service Area. The term “service area” shall mean any [area of St. Mary’s 13
County identified as a growth area in the St. Mary’s County Comprehensive Land Use 14
Plan] WATER SERVICE AREA A ND SEWERAGE SERVICE AREA IN ST. MARY’S COUNTY, 15
MARYLAND, AS IDENTIFIED IN THE ST. MARY’S COUNTY COMPREHENSIVE WATER 16
AND SEWERAGE PLAN . 17
[P.] Q. Service Charge. The term “service charge” shall mean those charges 18
and fees prescribed in this chapter which are assessed and collected to pay the operational 19
costs of the Metropolitan Commission. 20
[Q.] R. Special Service Area. The term “special service area” shall mean an 21
area to which the Metropolitan Commission has determined it to be economically infeasible 22
to extend or construct a public water or sewer system. 23
[R.] S. Special Service Area Fee. The term “special service area fee” shall mean 24
the fee assessed and collected by the Metropolitan Commission to offset the costs of 25
constructing a water or sewer system to serve a special service area. 26
[S.] T. Staff. The term “staff” shall mean any and all employees of the 27
Metropolitan Commission to include the Director and any such assistant director(s), 28
general counsel, department heads and supporting staff as shall be deemed necessary and 29
appropriate, from time to time, to fulfill the requirements of this chapter. 30
[T.] U. System Improvement Charge. The term “system improvement charge” 31
shall mean the monthly per EDU charge, collected by the Metropolitan Commission to pay 32
for the costs of capital projects for the comprehensive improvement or replacement of 33
existing water or sewerage systems and central treatment and processing facility 34
expansions and upgrades. 35
4 HOUSE BILL 887
113–3. 1
C. [When] WITH THE EXCEPTION OF REFUNDING, REFINANCING , AND 2
SIMILAR TRANSACTIONS WHERE NO ADDITIONAL DEBT LIABILITY WOULD BE 3
INCURRED, the Metropolitan Commission [plans to borrow any money,] SHALL SUBMIT 4
FOR REVIEW TO AND OB TAIN THE APPROVAL FR OM the Commissioners of St. Mary’s 5
County [shall review and approve] OF any loan application [before the Metropolitan 6
Commission submits the] WHERE THE METROPOLITAN COMMISSION SEEKS TO I NCUR 7
DEBT ON THE FULL FAITH AND CREDIT OF ST. MARY’S COUNTY, MARYLAND, PRIOR 8
TO THE SUBMISSION OF THE loan application to a lender. 9
113–5. 10
A. (1) The Metropolitan Commission shall cause studies, plans and estimates 11
to be made for [water supply and sewerage systems] NEW FACILITIES in those portions of 12
St. Mary’s County in which the Metropolitan Commission determines that the facilities are 13
necessary and may divide each sanitary district into water and sewerage districts in such 14
a way as shall, in its judgment, best serve the needs of the various communities and shall 15
promote convenience and economy of installation and operation. 16
(2) (A) Whenever, and as, the studies and plans are completed, the 17
Metropolitan Commission shall give notice by publication in one (1) newspaper published 18
within St. Mary’s County for three (3) weeks. 19
(B) The Metropolitan Commission shall state in the notice the 20
probable cost of the [contemplated improvements] NEW FACILITIES and shall further state 21
in it that plans of the [improvements] NEW FACILITIES may be inspected at the 22
Metropolitan Commission’s Office and that any person interested in the [improvements] 23
NEW FACILITIES will be heard by the Metropolitan Commission at a time to be specified 24
in the notice, but not less than ten (10) days after first publication of it. 25
(3) (A) If ten (10) residents and landowners in the sanitary district in 26
which the [improvements] NEW FACILITIES are contemplated, within ten (10) days after 27
the last of the publications of the notice, file a petition with the Metropolitan Commission 28
protesting against the proposed [improvements] NEW FACILITIES , the Metropolitan 29
Commission shall grant them a hearing within fifteen (15) days after the petition is filed in 30
the office of the Metropolitan Commission and after not less than five (5) days’ notice of the 31
time and place of the hearing by advertisement published in one (1) newspaper published 32
within St. Mary’s County and by personal notices addressed to any one (1) or more persons 33
whose names are signed to the petition. 34
(B) After due hearing, the Metropolitan Commission shall decide 35
upon the reasonableness of the objections stated in the petition and shall dispose of them 36
by written order concurred in by a majority of the members of the Metropolitan Commission 37
Board. The order shall be published in the same manner as notices are required to be 38
published, and a copy of which shall be mailed to any one (1) or more of the petitioners. 39 HOUSE BILL 887 5
(C) If the petitioners are not satisfied with the Metropolitan 1
Commission’s decision, they have the right to take and enter, within ten (10) days after the 2
last publication of the order, an appeal to the Commissioners of St. Mary’s County, who 3
shall review the Metropolitan Commission’s decision and decide on the necessity and 4
propriety of the improvements contemplated. The decision of the Commissioners of St. 5
Mary’s County is final. 6
113–6. 7
B. The principal amount of any Metropolitan Commission debt as permitted 8
hereunder, the interest payable thereon, and any income derived therefrom, including any 9
[profit] EXCESS REVENUE made by the Metropolitan Commission in the sale or transfer 10
thereof, shall be and remain exempt from taxation by the State of Maryland and by the 11
several counties and municipal corporations of this State. 12
113–7. 13
C. Penalty. In order that the prompt payment of principal and interest on all 14
outstanding debt shall be assured, the prompt and proper performance of the respective 15
acts and duties heretofore defined is specifically enjoined, and any failure upon the part of 16
any person, persons, body corporate or agent to perform the necessary acts and duties 17
hereafter set forth to pay over the funds as required, or to use the funds for the payment of 18
the principal and interest on the outstanding debt, is hereby declared a misdemeanor and 19
punishable as other misdemeanors are punishable by Section [176] 113–21 OF THIS 20
CHAPTER. 21
113–11. 22
G. Penalties. Any violation of any of the provisions of this section is a 23
misdemeanor punishable under Section [176] 113–21 OF THIS CHAPTER. 24
113–17. 25
D. Any violation of this provision is a misdemeanor punishable under Section 26
[176] 113–21 OF THIS CHAPTER. 27
113–19. 28
C. Any restraint or hindrance offered to the entry, access, ingress or egress by 29
any owner or tenant of any affected property, or agent of the owner or tenant, or any other 30
person is a misdemeanor punishable under Section [176] 113–21 OF THIS CHAPTER. 31
113–20. 32
6 HOUSE BILL 887
A. All individuals, firms or corporations having buildings, conduits, pipes, tracks, 1
poles or other structures or obstructions in, on, over, under or through any public road, 2
street or alley of any sanitary district which blocks or impedes the construction and 3
establishment of the Metropolitan Commission’s water supply or sewerage systems or other 4
works shall, upon reasonable notice from the Metropolitan Commission, promptly so shift, 5
adjust, accommodate or remove the structures or obstructions as to fully meet the 6
exigencies occasioning the action. 7
B. The costs of such changes [shall] MAY be borne and paid for IN FULL OR IN 8
PART by the Metropolitan Commission, SUBJECT TO A PRIOR R IGHTS DETERMINATION 9
BY THE METROPOLITAN COMMISSION. 10
C. Every public service corporation, company or individual, before it or they shall 11
begin any excavation or construction in any street, road, alley or public highway within any 12
sanitary district, shall file with the Metropolitan Commission plans of such work and 13
construction showing the location and depth in such street, road, alley or public highway of 14
the proposed main, conduit, pole, pipe or other structure, and the construction or work may 15
not be begun until the plans have been approved by the Metropolitan Commission, nor shall 16
any change be made in the approved plans or in the work or construction as shown upon 17
the plans except on further approval of the Metropolitan Commission. 18
D. Whenever any main, conduit, pole, pipe or other structure is put in without 19
the filing of plans with the Metropolitan Commission and the approval thereof by it, or 20
when any change is made in the location of such main, conduit, pipe, pole or other structure 21
as shown upon the plans approved by the Metropolitan Commission, or any approved 22
change therein, the Metropolitan Commission, if and when such conduit, main, pipe or pole, 23
or other structure interferes with the construction of or operation of its water or sewerage 24
system or other works, may remove such conduit, main, pipe, pole or other structures or 25
change the location thereof at the cost and expense of the party so putting them in, or their 26
heirs, assigns or successors, and without any liability upon the part of the Metropolitan 27
Commission for damage that might be done to same by reason of the Metropolitan 28
Commission’s operations in constructing or maintaining its systems or works. 29
E. Any violation of the provisions of this section is a misdemeanor punishable 30
under Section [176] 113–21 OF THIS CHAPTER. 31
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
October 1, 2023. 33