MD
Maryland House Bill HB887

Maryland 2023 Regular Session

Maryland House Bill HB887 Compare Versions

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1- WES MOORE, Governor Ch. 426
21
3-– 1 –
4-Chapter 426
5-(House Bill 887)
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+ *hb0887*
89
9-St. Mary’s County – Metropolitan Commission – New Facilities
10+HOUSE BILL 887
11+L2 3lr1368
1012
11-FOR the purpose of requiring the St. Mary’s County Metropolitan Commission to obtain
12-the approval from the St. Mary’s County Commissioners before submitting a certain
13-loan application under certain circumstances; requiring the Commission to cause
14-studies, plans, and estimates to be made for new facilities in certain portions of the
15-county; requiring the Commission to give certain notice of new facilities, make
16-available the plans of the new facilities, and hold a certain hearing on the proposed
17-new facilities under certain circumstances; requiring any excess revenue made by
18-the Commission in the sale or transfer of certain debt to be exempt from taxation;
19-authorizing the costs of certain changes related to the establishment of the
20-Commission’s water supply or sewerage systems or other works to be borne and paid
21-for in full or in part by the Commission, subject to a prior rights determination by
22-the Commission; and generally relating to establishing, expanding, or extending
23-water or sewerage systems in St. Mary’s County.
13+By: St. Mary’s County Delegation
14+Introduced and read first time: February 9, 2023
15+Assigned to: Environment and Transportation
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 9, 2023
2419
25-BY repealing and reenacting, with amendments,
26- The Public Local Laws of St. Mary’s County
27-Section 113–1, 113–3C., 113–5A., 113–6B., 113–7C., 113–11G., 113–17D., 113–19C.,
28-and 113–20
29- Article 19 – Public Local Laws of Maryland
30- (2007 Edition and 2022 Supplement)
20+CHAPTER ______
3121
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
22+AN ACT concerning 1
3423
35-Article 19 – St. Mary’s County
24+St. Mary’s County – Metropolitan Commission – New Facilities 2
3625
37-113–1.
26+FOR the purpose of requiring the St. Mary’s County Metropolitan Commission to obtain 3
27+the approval from the St. Mary’s County Commissioners before submitting a certain 4
28+loan application under certain circumstances; requiring the Commission to cause 5
29+studies, plans, and estimates to be made for new facilities in certain portions of the 6
30+county; requiring the Commission to give certain notice of new facilities, make 7
31+available the plans of the new facilities, and hold a certain hearing on the proposed 8
32+new facilities under certain circumstances; requiring any excess revenue made by 9
33+the Commission in the sale or transfer of certain debt to be exempt from taxation; 10
34+authorizing the costs of certain changes related to the establishment of the 11
35+Commission’s water supply or sewerage systems or other works to be borne and paid 12
36+for in full or in part by the Commission, subject to a prior rights determination by 13
37+the Commission; and generally relating to establishing, expanding, or extending 14
38+water or sewerage systems in St. Mary’s County. 15
3839
39- For the purposes of this chapter the following definitions shall apply:
40+BY repealing and reenacting, with amendments, 16
41+ The Public Local Laws of St. Mary’s County 17
42+Section 113–1, 113–3C., 113–5A., 113–6B., 113–7C., 113–11G., 113–17D., 113–19C., 18
43+and 113–20 19
44+ Article 19 – Public Local Laws of Maryland 20
45+ (2007 Edition and 2022 Supplement) 21
4046
41- A. Capital Contribution Charge. The term “capital contribution charge” shall
42-mean an amount based on capital costs that is imposed and collected on a new connection
43-to a water supply or sewerage system under this chapter.
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
48+That the Laws of Maryland read as follows: 23 2 HOUSE BILL 887
4449
45- B. Connection Charge. The term “connection charge” shall mean a capital
46-contribution charge or connection fee.
47- Ch. 426 2023 LAWS OF MARYLAND
4850
49-– 2 –
50- C. Connection Fee. The term “connection fee” shall mean an amount based on the
51-cost of connection that is imposed on a new connection to a water supply or sewerage system
52-under this chapter.
5351
54- D. County. The term “County” shall mean the Commissioners of St. Mary’s
55-County.
52+Article 19 – St. Mary’s County 1
5653
57- E. Dwelling. The term “dwelling” shall mean a principal residence of a
58-homeowner and includes the lot on which a house is situated.
54+113–1. 2
5955
60- F. EDU. The term “EDU” shall mean equivalent dwelling unit and shall equate
61-to the generally accepted average volume in gallons per day, of wastewater generated by
62-one (1) residential dwelling unit, as determined and allocated by the St. Mary’s County
63-Department of Land Use and Growth Management.
56+ For the purposes of this chapter the following definitions shall apply: 3
6457
65- G. Facilities Plan. The term “facilities plan” shall mean a plan prepared
66-periodically by the Metropolitan Commission, in conjunction with the St. Mary’s County
67-Department of Land Use and Growth Management to evaluate, identify and prioritize
68-recommended capital improvements to public water and sewer systems in St. Mary’s
69-County, over a specified time period.
58+ A. Capital Contribution Charge. The term “capital contribution charge” shall 4
59+mean an amount based on capital costs that is imposed and collected on a new connection 5
60+to a water supply or sewerage system under this chapter. 6
7061
71- H. Homeowner. The term “homeowner” shall mean a person who resides in a
72-dwelling and has an ownership interest in the dwelling, including a life estate, joint
73-tenancy, tenancy in common, tenancy by the entirety, or fee simple interest.
62+ B. Connection Charge. The term “connection charge” shall mean a capital 7
63+contribution charge or connection fee. 8
7464
75- I. Metropolitan Commission. The term “Metropolitan Commission” shall mean
76-the organization known as the St. Mary’s County Metropolitan Commission, to include the
77-staff of the Metropolitan Commission.
65+ C. Connection Fee. The term “connection fee” shall mean an amount based on the 9
66+cost of connection that is imposed on a new connection to a water supply or sewerage system 10
67+under this chapter. 11
7868
79- J. NEW FACILITY. THE TERM “NEW FACILITY ” OR “NEW FACILITIES ”
80-SHALL MEAN EACH WATE R OR SEWERAGE SYSTEM THAT IS EITHER A NEW SYSTEM
81-OR AN EXPANSION OR EXTENSION OF AN EXISTING SYSTE M, WHICH PROVIDE S NEW
82-WATER OR SEWERAGE SERVICE TO PROPERTIE S NOT PREVIOUSLY SER VED BY
83-PUBLIC WATER OR SEWE R.
69+ D. County. The term “County” shall mean the Commissioners of St. Mary’s 12
70+County. 13
8471
85- K. Principal Residence. The term “principal residence” shall mean a house that
86-is occupied by a homeowner for more than six (6) months of a consecutive twelve–month
87-period, unless the reason for non–occupancy is the result of hospitalization or residency in
88-a long–term health care institution.
72+ E. Dwelling. The term “dwelling” shall mean a principal residence of a 14
73+homeowner and includes the lot on which a house is situated. 15
8974
90- [K.] L. Publication. The term “publication” shall mean notice to all persons
91-having any interest in a property.
75+ F. EDU. The term “EDU” shall mean equivalent dwelling unit and shall equate 16
76+to the generally accepted average volume in gallons per day, of wastewater generated by 17
77+one (1) residential dwelling unit, as determined and allocated by the St. Mary’s County 18
78+Department of Land Use and Growth Management. 19
9279
93- [L.] M. Ready–To–Serve Charge. The term “ready–to–serve charge” shall mean
94-the minimum charge for water service. WES MOORE, Governor Ch. 426
80+ G. Facilities Plan. The term “facilities plan” shall mean a plan prepared 20
81+periodically by the Metropolitan Commission, in conjunction with the St. Mary’s County 21
82+Department of Land Use and Growth Management to evaluate, identify and prioritize 22
83+recommended capital improvements to public water and sewer systems in St. Mary’s 23
84+County, over a specified time period. 24
9585
96-– 3 –
86+ H. Homeowner. The term “homeowner” shall mean a person who resides in a 25
87+dwelling and has an ownership interest in the dwelling, including a life estate, joint 26
88+tenancy, tenancy in common, tenancy by the entirety, or fee simple interest. 27
9789
98- [M.] N. Remote Area. The term “remote area” shall mean an area in which it is
99-economically not feasible to provide service at the uniform rate because of the distance of
100-the area from the principal facilities of the Metropolitan Commission.
90+ I. Metropolitan Commission. The term “Metropolitan Commission” shall mean 28
91+the organization known as the St. Mary’s County Metropolitan Commission, to include the 29
92+staff of the Metropolitan Commission. 30
10193
102- [N.] O. Remote Area Charge. The term “remote area charge” shall mean an
103-additional service charge to meet the additional cost of providing service to a remote area
104-property.
94+ J. NEW FACILITY. THE TERM “NEW FACILITY ” OR “NEW FACILITIES ” 31
95+SHALL MEAN EACH WATE R OR SEWERAGE SYSTEM THAT IS EITHER A NEW SYSTEM 32
96+OR AN EXPANSION OR EXTENSION OF AN EXISTING SYSTE M, WHICH PROVIDE S NEW 33 HOUSE BILL 887 3
10597
106- [O.] P. Service Area. The term “service area” shall mean any [area of St. Mary’s
107-County identified as a growth area in the St. Mary’s County Comprehensive Land Use
108-Plan] WATER SERVICE AREA A ND SEWERAGE SERVICE AREA IN ST. MARY’S COUNTY,
109-MARYLAND, AS IDENTIFIED IN THE ST. MARY’S COUNTY COMPREHENSIVE WATER
110-AND SEWERAGE PLAN .
11198
112- [P.] Q. Service Charge. The term “service charge” shall mean those charges
113-and fees prescribed in this chapter which are assessed and collected to pay the operational
114-costs of the Metropolitan Commission.
99+WATER OR SEWERAGE SERVICE TO PROPERTIE S NOT PREVIOUSLY SER VED BY 1
100+PUBLIC WATER OR SEWE R. 2
115101
116- [Q.] R. Special Service Area. The term “special service area” shall mean an
117-area to which the Metropolitan Commission has determined it to be economically infeasible
118-to extend or construct a public water or sewer system.
102+ K. Principal Residence. The term “principal residence” shall mean a house that 3
103+is occupied by a homeowner for more than six (6) months of a consecutive twelve–month 4
104+period, unless the reason for non–occupancy is the result of hospitalization or residency in 5
105+a long–term health care institution. 6
119106
120- [R.] S. Special Service Area Fee. The term “special service area fee” shall mean
121-the fee assessed and collected by the Metropolitan Commission to offset the costs of
122-constructing a water or sewer system to serve a special service area.
107+ [K.] L. Publication. The term “publication” shall mean notice to all persons 7
108+having any interest in a property. 8
123109
124- [S.] T. Staff. The term “staff” shall mean any and all employees of the
125-Metropolitan Commission to include the Director and any such assistant director(s),
126-general counsel, department heads and supporting staff as shall be deemed necessary and
127-appropriate, from time to time, to fulfill the requirements of this chapter.
110+ [L.] M. Ready–To–Serve Charge. The term “ready–to–serve charge” shall mean 9
111+the minimum charge for water service. 10
128112
129- [T.] U. System Improvement Charge. The term “system improvement charge”
130-shall mean the monthly per EDU charge, collected by the Metropolitan Commission to pay
131-for the costs of capital projects for the comprehensive improvement or replacement of
132-existing water or sewerage systems and central treatment and processing facility
133-expansions and upgrades.
113+ [M.] N. Remote Area. The term “remote area” shall mean an area in which it is 11
114+economically not feasible to provide service at the uniform rate because of the distance of 12
115+the area from the principal facilities of the Metropolitan Commission. 13
134116
135-113–3.
117+ [N.] O. Remote Area Charge. The term “remote area charge” shall mean an 14
118+additional service charge to meet the additional cost of providing service to a remote area 15
119+property. 16
136120
137- C. [When] WITH THE EXCEPTION OF REFUNDING, REFINANCING , AND
138-SIMILAR TRANSACTIONS WHERE NO ADDITIONAL DEBT LIABILITY WOULD BE
139-INCURRED, the Metropolitan Commission [plans to borrow any money,] SHALL SUBMIT
140-FOR REVIEW TO AN D OBTAIN THE APPROVA L FROM the Commissioners of St. Mary’s
141-County [shall review and approve] OF any loan application [before the Metropolitan Ch. 426 2023 LAWS OF MARYLAND
121+ [O.] P. Service Area. The term “service area” shall mean any [area of St. Mary’s 17
122+County identified as a growth area in the St. Mary’s County Comprehensive Land Use 18
123+Plan] WATER SERVICE AREA A ND SEWERAGE SERVICE AREA IN ST. MARY’S COUNTY, 19
124+MARYLAND, AS IDENTIFIED IN THE ST. MARY’S COUNTY COMPREHENSIVE WATER 20
125+AND SEWERAGE PLAN . 21
142126
143-– 4 –
144-Commission submits the] WHERE THE METROPOLITAN COMMISSION SEEKS TO I NCUR
145-DEBT ON THE FULL FAI TH AND CREDIT OF ST. MARY’S COUNTY, MARYLAND, PRIOR
146-TO THE SUBMISSION OF THE loan application to a lender.
127+ [P.] Q. Service Charge. The term “service charge” shall mean those charges 22
128+and fees prescribed in this chapter which are assessed and collected to pay the operational 23
129+costs of the Metropolitan Commission. 24
147130
148-113–5.
131+ [Q.] R. Special Service Area. The term “special service area” shall mean an 25
132+area to which the Metropolitan Commission has determined it to be economically infeasible 26
133+to extend or construct a public water or sewer system. 27
149134
150- A. (1) The Metropolitan Commission shall cause studies, plans and estimates
151-to be made for [water supply and sewerage systems] NEW FACILITIES in those portions of
152-St. Mary’s County in which the Metropolitan Commission determines that the facilities are
153-necessary and may divide each sanitary district into water and sewerage districts in such
154-a way as shall, in its judgment, best serve the needs of the various communities and shall
155-promote convenience and economy of installation and operation.
135+ [R.] S. Special Service Area Fee. The term “special service area fee” shall mean 28
136+the fee assessed and collected by the Metropolitan Commission to offset the costs of 29
137+constructing a water or sewer system to serve a special service area. 30
156138
157- (2) (A) Whenever, and as, the studies and plans are completed, the
158-Metropolitan Commission shall give notice by publication in one (1) newspaper published
159-within St. Mary’s County for three (3) weeks.
139+ [S.] T. Staff. The term “staff” shall mean any and all employees of the 31
140+Metropolitan Commission to include the Director and any such assistant director(s), 32
141+general counsel, department heads and supporting staff as shall be deemed necessary and 33
142+appropriate, from time to time, to fulfill the requirements of this chapter. 34
143+ 4 HOUSE BILL 887
160144
161- (B) The Metropolitan Commission shall state in the notice the
162-probable cost of the [contemplated improvements] NEW FACILITIES and shall further state
163-in it that plans of the [improvements] NEW FACILITIES may be inspected at the
164-Metropolitan Commission’s Office and that any person interested in the [improvements]
165-NEW FACILITIES will be heard by the Metropolitan Commission at a time to be specified
166-in the notice, but not less than ten (10) days after first publication of it.
167145
168- (3) (A) If ten (10) residents and landowners in the sanitary district in
169-which the [improvements] NEW FACILITIES are contemplated, within ten (10) days after
170-the last of the publications of the notice, file a petition with the Metropolitan Commission
171-protesting against the proposed [improvements] NEW FACILITIES , the Metropolitan
172-Commission shall grant them a hearing within fifteen (15) days after the petition is filed in
173-the office of the Metropolitan Commission and after not less than five (5) days’ notice of the
174-time and place of the hearing by advertisement published in one (1) newspaper published
175-within St. Mary’s County and by personal notices addressed to any one (1) or more persons
176-whose names are signed to the petition.
146+ [T.] U. System Improvement Charge. The term “system improvement charge” 1
147+shall mean the monthly per EDU charge, collected by the Metropolitan Commission to pay 2
148+for the costs of capital projects for the comprehensive improvement or replacement of 3
149+existing water or sewerage systems and central treatment and processing facility 4
150+expansions and upgrades. 5
177151
178- (B) After due hearing, the Metropolitan Commission shall decide
179-upon the reasonableness of the objections stated in the petition and shall dispose of them
180-by written order concurred in by a majority of the members of the Metropolitan Commission
181-Board. The order shall be published in the same manner as notices are required to be
182-published, and a copy of which shall be mailed to any one (1) or more of the petitioners.
152+113–3. 6
183153
184- (C) If the petitioners are not satisfied with the Metropolitan
185-Commission’s decision, they have the right to take and enter, within ten (10) days after the
186-last publication of the order, an appeal to the Commissioners of St. Mary’s County, who
187-shall review the Metropolitan Commission’s decision and decide on the necessity and WES MOORE, Governor Ch. 426
154+ C. [When] WITH THE EXCEPTION OF REFUNDING, REFINANCING , AND 7
155+SIMILAR TRANSACTIONS WHERE NO ADDITIONAL DEBT LIABILITY WOULD BE 8
156+INCURRED, the Metropolitan Commission [plans to borrow any money,] SHALL SUBMIT 9
157+FOR REVIEW TO AN D OBTAIN THE APPROVA L FROM the Commissioners of St. Mary’s 10
158+County [shall review and approve] OF any loan application [before the Metropolitan 11
159+Commission submits the] WHERE THE METROPOLITAN COMMISSION SEEKS TO I NCUR 12
160+DEBT ON THE FULL FAI TH AND CREDIT OF ST. MARY’S COUNTY, MARYLAND, PRIOR 13
161+TO THE SUBMISSION OF THE loan application to a lender. 14
188162
189-– 5 –
190-propriety of the improvements contemplated. The decision of the Commissioners of St.
191-Mary’s County is final.
163+113–5. 15
192164
193-113–6.
165+ A. (1) The Metropolitan Commission shall cause studies, plans and estimates 16
166+to be made for [water supply and sewerage systems] NEW FACILITIES in those portions of 17
167+St. Mary’s County in which the Metropolitan Commission determines that the facilities are 18
168+necessary and may divide each sanitary district into water and sewerage districts in such 19
169+a way as shall, in its judgment, best serve the needs of the various communities and shall 20
170+promote convenience and economy of installation and operation. 21
194171
195- B. The principal amount of any Metropolitan Commission debt as permitted
196-hereunder, the interest payable thereon, and any income derived therefrom, including any
197-[profit] EXCESS REVENUE made by the Metropolitan Commission in the sale or transfer
198-thereof, shall be and remain exempt from taxation by the State of Maryland and by the
199-several counties and municipal corporations of this State.
172+ (2) (A) Whenever, and as, the studies and plans are completed, the 22
173+Metropolitan Commission shall give notice by publication in one (1) newspaper published 23
174+within St. Mary’s County for three (3) weeks. 24
200175
201-113–7.
176+ (B) The Metropolitan Commission shall state in the notice the 25
177+probable cost of the [contemplated improvements] NEW FACILITIES and shall further state 26
178+in it that plans of the [improvements] NEW FACILITIES may be inspected at the 27
179+Metropolitan Commission’s Office and that any person interested in the [improvements] 28
180+NEW FACILITIES will be heard by the Metropolitan Commission at a time to be specified 29
181+in the notice, but not less than ten (10) days after first publication of it. 30
202182
203- C. Penalty. In order that the prompt payment of principal and interest on all
204-outstanding debt shall be assured, the prompt and proper performance of the respective
205-acts and duties heretofore defined is specifically enjoined, and any failure upon the part of
206-any person, persons, body corporate or agent to perform the necessary acts and duties
207-hereafter set forth to pay over the funds as required, or to use the funds for the payment of
208-the principal and interest on the outstanding debt, is hereby declared a misdemeanor and
209-punishable as other misdemeanors are punishable by Section [176] 113–21 OF THIS
210-CHAPTER.
183+ (3) (A) If ten (10) residents and landowners in the sanitary district in 31
184+which the [improvements] NEW FACILITIES are contemplated, within ten (10) days after 32
185+the last of the publications of the notice, file a petition with the Metropolitan Commission 33
186+protesting against the proposed [improvements] NEW FACILITIES , the Metropolitan 34
187+Commission shall grant them a hearing within fifteen (15) days after the petition is filed in 35
188+the office of the Metropolitan Commission and after not less than five (5) days’ notice of the 36
189+time and place of the hearing by advertisement published in one (1) newspaper published 37
190+within St. Mary’s County and by personal notices addressed to any one (1) or more persons 38
191+whose names are signed to the petition. 39 HOUSE BILL 887 5
211192
212-113–11.
213193
214- G. Penalties. Any violation of any of the provisions of this section is a
215-misdemeanor punishable under Section [176] 113–21 OF THIS CHAPTER.
216194
217-113–17.
195+ (B) After due hearing, the Metropolitan Commission shall decide 1
196+upon the reasonableness of the objections stated in the petition and shall dispose of them 2
197+by written order concurred in by a majority of the members of the Metropolitan Commission 3
198+Board. The order shall be published in the same manner as notices are required to be 4
199+published, and a copy of which shall be mailed to any one (1) or more of the petitioners. 5
218200
219- D. Any violation of this provision is a misdemeanor punishable under Section
220-[176] 113–21 OF THIS CHAPTER.
201+ (C) If the petitioners are not satisfied with the Metropolitan 6
202+Commission’s decision, they have the right to take and enter, within ten (10) days after the 7
203+last publication of the order, an appeal to the Commissioners of St. Mary’s County, who 8
204+shall review the Metropolitan Commission’s decision and decide on the necessity and 9
205+propriety of the improvements contemplated. The decision of the Commissioners of St. 10
206+Mary’s County is final. 11
221207
222-113–19.
208+113–6. 12
223209
224- C. Any restraint or hindrance offered to the entry, access, ingress or egress by
225-any owner or tenant of any affected property, or agent of the owner or tenant, or any other
226-person is a misdemeanor punishable under Section [176] 113–21 OF THIS CHAPTER.
210+ B. The principal amount of any Metropolitan Commission debt as permitted 13
211+hereunder, the interest payable thereon, and any income derived therefrom, including any 14
212+[profit] EXCESS REVENUE made by the Metropolitan Commission in the sale or transfer 15
213+thereof, shall be and remain exempt from taxation by the State of Maryland and by the 16
214+several counties and municipal corporations of this State. 17
227215
228-113–20.
216+113–7. 18
229217
230- A. All individuals, firms or corporations having buildings, conduits, pipes, tracks,
231-poles or other structures or obstructions in, on, over, under or through any public road,
232-street or alley of any sanitary district which blocks or impedes the construction and
233-establishment of the Metropolitan Commission’s water supply or sewerage systems or other
234-works shall, upon reasonable notice from the Metropolitan Commission, promptly so shift, Ch. 426 2023 LAWS OF MARYLAND
218+ C. Penalty. In order that the prompt payment of principal and interest on all 19
219+outstanding debt shall be assured, the prompt and proper performance of the respective 20
220+acts and duties heretofore defined is specifically enjoined, and any failure upon the part of 21
221+any person, persons, body corporate or agent to perform the necessary acts and duties 22
222+hereafter set forth to pay over the funds as required, or to use the funds for the payment of 23
223+the principal and interest on the outstanding debt, is hereby declared a misdemeanor and 24
224+punishable as other misdemeanors are punishable by Section [176] 113–21 OF THIS 25
225+CHAPTER. 26
235226
236-– 6 –
237-adjust, accommodate or remove the structures or obstructions as to fully meet the
238-exigencies occasioning the action.
227+113–11. 27
239228
240- B. The costs of such changes [shall] MAY be borne and paid for IN FULL OR IN
241-PART by the Metropolitan Commission, SUBJECT TO A PRIOR R IGHTS DETERMINATION
242-BY THE METROPOLITAN COMMISSION.
229+ G. Penalties. Any violation of any of the provisions of this section is a 28
230+misdemeanor punishable under Section [176] 113–21 OF THIS CHAPTER. 29
243231
244- C. Every public service corporation, company or individual, before it or they shall
245-begin any excavation or construction in any street, road, alley or public highway within any
246-sanitary district, shall file with the Metropolitan Commission plans of such work and
247-construction showing the location and depth in such street, road, alley or public highway of
248-the proposed main, conduit, pole, pipe or other structure, and the construction or work may
249-not be begun until the plans have been approved by the Metropolitan Commission, nor shall
250-any change be made in the approved plans or in the work or construction as shown upon
251-the plans except on further approval of the Metropolitan Commission.
232+113–17. 30
252233
253- D. Whenever any main, conduit, pole, pipe or other structure is put in without
254-the filing of plans with the Metropolitan Commission and the approval thereof by it, or
255-when any change is made in the location of such main, conduit, pipe, pole or other structure
256-as shown upon the plans approved by the Metropolitan Commission, or any approved
257-change therein, the Metropolitan Commission, if and when such conduit, main, pipe or pole,
258-or other structure interferes with the construction of or operation of its water or sewerage
259-system or other works, may remove such conduit, main, pipe, pole or other structures or
260-change the location thereof at the cost and expense of the party so putting them in, or their
261-heirs, assigns or successors, and without any liability upon the part of the Metropolitan
262-Commission for damage that might be done to same by reason of the Metropolitan
263-Commission’s operations in constructing or maintaining its systems or works.
234+ D. Any violation of this provision is a misdemeanor punishable under Section 31
235+[176] 113–21 OF THIS CHAPTER. 32
264236
265- E. Any violation of the provisions of this section is a misdemeanor punishable
266-under Section [176] 113–21 OF THIS CHAPTER.
237+113–19. 33
238+ 6 HOUSE BILL 887
267239
268- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
269-October 1, 2023.
270240
271-Approved by the Governor, May 3, 2023.
241+ C. Any restraint or hindrance offered to the entry, access, ingress or egress by 1
242+any owner or tenant of any affected property, or agent of the owner or tenant, or any other 2
243+person is a misdemeanor punishable under Section [176] 113–21 OF THIS CHAPTER. 3
244+
245+113–20. 4
246+
247+ A. All individuals, firms or corporations having buildings, conduits, pipes, tracks, 5
248+poles or other structures or obstructions in, on, over, under or through any public road, 6
249+street or alley of any sanitary district which blocks or impedes the construction and 7
250+establishment of the Metropolitan Commission’s water supply or sewerage systems or other 8
251+works shall, upon reasonable notice from the Metropolitan Commission, promptly so shift, 9
252+adjust, accommodate or remove the structures or obstructions as to fully meet the 10
253+exigencies occasioning the action. 11
254+
255+ B. The costs of such changes [shall] MAY be borne and paid for IN FULL OR IN 12
256+PART by the Metropolitan Commission, SUBJECT TO A PRIOR R IGHTS DETERMINATION 13
257+BY THE METROPOLITAN COMMISSION. 14
258+
259+ C. Every public service corporation, company or individual, before it or they shall 15
260+begin any excavation or construction in any street, road, alley or public highway within any 16
261+sanitary district, shall file with the Metropolitan Commission plans of such work and 17
262+construction showing the location and depth in such street, road, alley or public highway of 18
263+the proposed main, conduit, pole, pipe or other structure, and the construction or work may 19
264+not be begun until the plans have been approved by the Metropolitan Commission, nor shall 20
265+any change be made in the approved plans or in the work or construction as shown upon 21
266+the plans except on further approval of the Metropolitan Commission. 22
267+
268+ D. Whenever any main, conduit, pole, pipe or other structure is put in without 23
269+the filing of plans with the Metropolitan Commission and the approval thereof by it, or 24
270+when any change is made in the location of such main, conduit, pipe, pole or other structure 25
271+as shown upon the plans approved by the Metropolitan Commission, or any approved 26
272+change therein, the Metropolitan Commission, if and when such conduit, main, pipe or pole, 27
273+or other structure interferes with the construction of or operation of its water or sewerage 28
274+system or other works, may remove such conduit, main, pipe, pole or other structures or 29
275+change the location thereof at the cost and expense of the party so putting them in, or their 30
276+heirs, assigns or successors, and without any liability upon the part of the Metropolitan 31
277+Commission for damage that might be done to same by reason of the Metropolitan 32
278+Commission’s operations in constructing or maintaining its systems or works. 33
279+
280+ E. Any violation of the provisions of this section is a misdemeanor punishable 34
281+under Section [176] 113–21 OF THIS CHAPTER. 35
282+
283+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 36
284+October 1, 2023. 37