WES MOORE, Governor Ch. 426
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Chapter 426
(House Bill 887)
AN ACT concerning
St. Mary’s County – Metropolitan Commission – New Facilities
FOR the purpose of requiring the St. Mary’s County Metropolitan Commission to obtain
the approval from the St. Mary’s County Commissioners before submitting a certain
loan application under certain circumstances; requiring the Commission to cause
studies, plans, and estimates to be made for new facilities in certain portions of the
county; requiring the Commission to give certain notice of new facilities, make
available the plans of the new facilities, and hold a certain hearing on the proposed
new facilities under certain circumstances; requiring any excess revenue made by
the Commission in the sale or transfer of certain debt to be exempt from taxation;
authorizing the costs of certain changes related to the establishment of the
Commission’s water supply or sewerage systems or other works to be borne and paid
for in full or in part by the Commission, subject to a prior rights determination by
the Commission; and generally relating to establishing, expanding, or extending
water or sewerage systems in St. Mary’s County.
BY repealing and reenacting, with amendments,
The Public Local Laws of St. Mary’s County
Section 113–1, 113–3C., 113–5A., 113–6B., 113–7C., 113–11G., 113–17D., 113–19C.,
and 113–20
Article 19 – Public Local Laws of Maryland
(2007 Edition and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article 19 – St. Mary’s County
113–1.
For the purposes of this chapter the following definitions shall apply:
A. Capital Contribution Charge. The term “capital contribution charge” shall
mean an amount based on capital costs that is imposed and collected on a new connection
to a water supply or sewerage system under this chapter.
B. Connection Charge. The term “connection charge” shall mean a capital
contribution charge or connection fee.
Ch. 426 2023 LAWS OF MARYLAND
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C. Connection Fee. The term “connection fee” shall mean an amount based on the
cost of connection that is imposed on a new connection to a water supply or sewerage system
under this chapter.
D. County. The term “County” shall mean the Commissioners of St. Mary’s
County.
E. Dwelling. The term “dwelling” shall mean a principal residence of a
homeowner and includes the lot on which a house is situated.
F. EDU. The term “EDU” shall mean equivalent dwelling unit and shall equate
to the generally accepted average volume in gallons per day, of wastewater generated by
one (1) residential dwelling unit, as determined and allocated by the St. Mary’s County
Department of Land Use and Growth Management.
G. Facilities Plan. The term “facilities plan” shall mean a plan prepared
periodically by the Metropolitan Commission, in conjunction with the St. Mary’s County
Department of Land Use and Growth Management to evaluate, identify and prioritize
recommended capital improvements to public water and sewer systems in St. Mary’s
County, over a specified time period.
H. Homeowner. The term “homeowner” shall mean a person who resides in a
dwelling and has an ownership interest in the dwelling, including a life estate, joint
tenancy, tenancy in common, tenancy by the entirety, or fee simple interest.
I. Metropolitan Commission. The term “Metropolitan Commission” shall mean
the organization known as the St. Mary’s County Metropolitan Commission, to include the
staff of the Metropolitan Commission.
J. NEW FACILITY. THE TERM “NEW FACILITY ” OR “NEW FACILITIES ”
SHALL MEAN EACH WATE R OR SEWERAGE SYSTEM THAT IS EITHER A NEW SYSTEM
OR AN EXPANSION OR EXTENSION OF AN EXISTING SYSTE M, WHICH PROVIDE S NEW
WATER OR SEWERAGE SERVICE TO PROPERTIE S NOT PREVIOUSLY SER VED BY
PUBLIC WATER OR SEWE R.
K. Principal Residence. The term “principal residence” shall mean a house that
is occupied by a homeowner for more than six (6) months of a consecutive twelve–month
period, unless the reason for non–occupancy is the result of hospitalization or residency in
a long–term health care institution.
[K.] L. Publication. The term “publication” shall mean notice to all persons
having any interest in a property.
[L.] M. Ready–To–Serve Charge. The term “ready–to–serve charge” shall mean
the minimum charge for water service. WES MOORE, Governor Ch. 426
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[M.] N. Remote Area. The term “remote area” shall mean an area in which it is
economically not feasible to provide service at the uniform rate because of the distance of
the area from the principal facilities of the Metropolitan Commission.
[N.] O. Remote Area Charge. The term “remote area charge” shall mean an
additional service charge to meet the additional cost of providing service to a remote area
property.
[O.] P. Service Area. The term “service area” shall mean any [area of St. Mary’s
County identified as a growth area in the St. Mary’s County Comprehensive Land Use
Plan] WATER SERVICE AREA A ND SEWERAGE SERVICE AREA IN ST. MARY’S COUNTY,
MARYLAND, AS IDENTIFIED IN THE ST. MARY’S COUNTY COMPREHENSIVE WATER
AND SEWERAGE PLAN .
[P.] Q. Service Charge. The term “service charge” shall mean those charges
and fees prescribed in this chapter which are assessed and collected to pay the operational
costs of the Metropolitan Commission.
[Q.] R. Special Service Area. The term “special service area” shall mean an
area to which the Metropolitan Commission has determined it to be economically infeasible
to extend or construct a public water or sewer system.
[R.] S. Special Service Area Fee. The term “special service area fee” shall mean
the fee assessed and collected by the Metropolitan Commission to offset the costs of
constructing a water or sewer system to serve a special service area.
[S.] T. Staff. The term “staff” shall mean any and all employees of the
Metropolitan Commission to include the Director and any such assistant director(s),
general counsel, department heads and supporting staff as shall be deemed necessary and
appropriate, from time to time, to fulfill the requirements of this chapter.
[T.] U. System Improvement Charge. The term “system improvement charge”
shall mean the monthly per EDU charge, collected by the Metropolitan Commission to pay
for the costs of capital projects for the comprehensive improvement or replacement of
existing water or sewerage systems and central treatment and processing facility
expansions and upgrades.
113–3.
C. [When] WITH THE EXCEPTION OF REFUNDING, REFINANCING , AND
SIMILAR TRANSACTIONS WHERE NO ADDITIONAL DEBT LIABILITY WOULD BE
INCURRED, the Metropolitan Commission [plans to borrow any money,] SHALL SUBMIT
FOR REVIEW TO AN D OBTAIN THE APPROVA L FROM the Commissioners of St. Mary’s
County [shall review and approve] OF any loan application [before the Metropolitan Ch. 426 2023 LAWS OF MARYLAND
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Commission submits the] WHERE THE METROPOLITAN COMMISSION SEEKS TO I NCUR
DEBT ON THE FULL FAI TH AND CREDIT OF ST. MARY’S COUNTY, MARYLAND, PRIOR
TO THE SUBMISSION OF THE loan application to a lender.
113–5.
A. (1) The Metropolitan Commission shall cause studies, plans and estimates
to be made for [water supply and sewerage systems] NEW FACILITIES in those portions of
St. Mary’s County in which the Metropolitan Commission determines that the facilities are
necessary and may divide each sanitary district into water and sewerage districts in such
a way as shall, in its judgment, best serve the needs of the various communities and shall
promote convenience and economy of installation and operation.
(2) (A) Whenever, and as, the studies and plans are completed, the
Metropolitan Commission shall give notice by publication in one (1) newspaper published
within St. Mary’s County for three (3) weeks.
(B) The Metropolitan Commission shall state in the notice the
probable cost of the [contemplated improvements] NEW FACILITIES and shall further state
in it that plans of the [improvements] NEW FACILITIES may be inspected at the
Metropolitan Commission’s Office and that any person interested in the [improvements]
NEW FACILITIES will be heard by the Metropolitan Commission at a time to be specified
in the notice, but not less than ten (10) days after first publication of it.
(3) (A) If ten (10) residents and landowners in the sanitary district in
which the [improvements] NEW FACILITIES are contemplated, within ten (10) days after
the last of the publications of the notice, file a petition with the Metropolitan Commission
protesting against the proposed [improvements] NEW FACILITIES , the Metropolitan
Commission shall grant them a hearing within fifteen (15) days after the petition is filed in
the office of the Metropolitan Commission and after not less than five (5) days’ notice of the
time and place of the hearing by advertisement published in one (1) newspaper published
within St. Mary’s County and by personal notices addressed to any one (1) or more persons
whose names are signed to the petition.
(B) After due hearing, the Metropolitan Commission shall decide
upon the reasonableness of the objections stated in the petition and shall dispose of them
by written order concurred in by a majority of the members of the Metropolitan Commission
Board. The order shall be published in the same manner as notices are required to be
published, and a copy of which shall be mailed to any one (1) or more of the petitioners.
(C) If the petitioners are not satisfied with the Metropolitan
Commission’s decision, they have the right to take and enter, within ten (10) days after the
last publication of the order, an appeal to the Commissioners of St. Mary’s County, who
shall review the Metropolitan Commission’s decision and decide on the necessity and WES MOORE, Governor Ch. 426
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propriety of the improvements contemplated. The decision of the Commissioners of St.
Mary’s County is final.
113–6.
B. The principal amount of any Metropolitan Commission debt as permitted
hereunder, the interest payable thereon, and any income derived therefrom, including any
[profit] EXCESS REVENUE made by the Metropolitan Commission in the sale or transfer
thereof, shall be and remain exempt from taxation by the State of Maryland and by the
several counties and municipal corporations of this State.
113–7.
C. Penalty. In order that the prompt payment of principal and interest on all
outstanding debt shall be assured, the prompt and proper performance of the respective
acts and duties heretofore defined is specifically enjoined, and any failure upon the part of
any person, persons, body corporate or agent to perform the necessary acts and duties
hereafter set forth to pay over the funds as required, or to use the funds for the payment of
the principal and interest on the outstanding debt, is hereby declared a misdemeanor and
punishable as other misdemeanors are punishable by Section [176] 113–21 OF THIS
CHAPTER.
113–11.
G. Penalties. Any violation of any of the provisions of this section is a
misdemeanor punishable under Section [176] 113–21 OF THIS CHAPTER.
113–17.
D. Any violation of this provision is a misdemeanor punishable under Section
[176] 113–21 OF THIS CHAPTER.
113–19.
C. Any restraint or hindrance offered to the entry, access, ingress or egress by
any owner or tenant of any affected property, or agent of the owner or tenant, or any other
person is a misdemeanor punishable under Section [176] 113–21 OF THIS CHAPTER.
113–20.
A. All individuals, firms or corporations having buildings, conduits, pipes, tracks,
poles or other structures or obstructions in, on, over, under or through any public road,
street or alley of any sanitary district which blocks or impedes the construction and
establishment of the Metropolitan Commission’s water supply or sewerage systems or other
works shall, upon reasonable notice from the Metropolitan Commission, promptly so shift, Ch. 426 2023 LAWS OF MARYLAND
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adjust, accommodate or remove the structures or obstructions as to fully meet the
exigencies occasioning the action.
B. The costs of such changes [shall] MAY be borne and paid for IN FULL OR IN
PART by the Metropolitan Commission, SUBJECT TO A PRIOR R IGHTS DETERMINATION
BY THE METROPOLITAN COMMISSION.
C. Every public service corporation, company or individual, before it or they shall
begin any excavation or construction in any street, road, alley or public highway within any
sanitary district, shall file with the Metropolitan Commission plans of such work and
construction showing the location and depth in such street, road, alley or public highway of
the proposed main, conduit, pole, pipe or other structure, and the construction or work may
not be begun until the plans have been approved by the Metropolitan Commission, nor shall
any change be made in the approved plans or in the work or construction as shown upon
the plans except on further approval of the Metropolitan Commission.
D. Whenever any main, conduit, pole, pipe or other structure is put in without
the filing of plans with the Metropolitan Commission and the approval thereof by it, or
when any change is made in the location of such main, conduit, pipe, pole or other structure
as shown upon the plans approved by the Metropolitan Commission, or any approved
change therein, the Metropolitan Commission, if and when such conduit, main, pipe or pole,
or other structure interferes with the construction of or operation of its water or sewerage
system or other works, may remove such conduit, main, pipe, pole or other structures or
change the location thereof at the cost and expense of the party so putting them in, or their
heirs, assigns or successors, and without any liability upon the part of the Metropolitan
Commission for damage that might be done to same by reason of the Metropolitan
Commission’s operations in constructing or maintaining its systems or works.
E. Any violation of the provisions of this section is a misdemeanor punishable
under Section [176] 113–21 OF THIS CHAPTER.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 3, 2023.