MD
Maryland Senate Bill SB880

Maryland 2023 Regular Session

Maryland Senate Bill SB880 Compare Versions

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1- WES MOORE, Governor Ch. 178
21
3-– 1 –
4-Chapter 178
5-(Senate Bill 880)
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+ *sb0880*
810
9-Baltimore Regional Water Governance Task Force
11+SENATE BILL 880
12+M3, C5, L6 EMERGENCY BILL (3lr2538)
13+ENROLLED BILL
14+— Education, Energy, and the Environment/Environment and Transportation —
15+Introduced by Senators Sydnor and Carter
1016
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.
17+Read and Examined by Proofreaders:
1518
16-Preamble
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
1723
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
24+Sealed with the Great Seal and presented to the Governor, for his a pproval this
2225
23- WHEREAS, The water supply system developed by Baltimore City has supported
24-the development and expansion of adjacent regional counties; and
26+_______ day of _______________ at ________________________ o’clock, ________M.
2527
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
28+______________________________________________
29+President.
3030
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
31+CHAPTER ______
3532
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
33+AN ACT concerning 1
4134
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
35+Baltimore Regional Water Governance Task Force 2
4536
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. 178 2023 LAWS OF MARYLAND
37+FOR the purpose of establishing the Baltimore Regional Water Governance Task Force to 3
38+study approaches to water and wastewater governance in the Baltimore region; and 4
39+generally relating to water supply and wastewater treatment in the Baltimore 5
40+region. 6
5041
51-– 2 –
42+Preamble 7
5243
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
44+ WHEREAS, The General Assembly of Maryland granted general authority to 8
45+Baltimore City to develop a water supply system within and outside of its borders, impound 9
46+and withdraw water from the Gunpowder River, the Patapsco River, and the Little 10
47+Gunpowder River, and withdraw water from the Susquehanna River; and 11
48+ 2 SENATE BILL 880
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+ WHEREAS, The water supply system developed by Baltimore City has supported 1
52+the development and expansion of adjacent regional counties; 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, Chapter 539 of 1924 established a Metropolitan District within 3
55+Baltimore County authorizing Baltimore County to construct, maintain, and operate 4
56+wastewater systems within the Metropolitan District and required Baltimore City to 5
57+extend the water supply lines within the Metropolitan District; and 6
7558
76- SECTION 1. BE IT ENACTED BY THE GENER AL ASSEMBLY OF MARYLAND,
77-That:
59+ WHEREAS, Chapter 729 of 1939 authorized Baltimore County to enter into 7
60+contractual agreements with Baltimore City for the disposal of wastewater and for the 8
61+establishment, construction, operation, and maintenance of and costs associated with the 9
62+water supply and wastewater systems; and 10
7863
79- (a) There is a Baltimore Regional Water Governance Task Force.
64+ WHEREAS, Baltimore County and Baltimore City entered into agreements in 1945 11
65+and 1963, and, most recently, in 1972 and 1974 recognizing that “substantial increases in 12
66+population, volume of sewage, operation and maintenance costs, and costs of construction” 13
67+for the jointly–used water and wastewater systems compelled updates to the jurisdiction 14
68+management and funding of the systems; and 15
8069
81- (b) (1) The Task Force consists of the following members:
70+ WHEREAS, In 1991, arbitration clarified that individuals who use water services 16
71+within the Metropolitan District were customers of Baltimore City’s water system and were 17
72+principals of Baltimore County in the provision of water services; and 18
8273
83- (i) one member of the Senate of Maryland, appointed by the
84-President of the Senate;
74+ WHEREAS, Due to regional population growth, Baltimore City’s water and 19
75+wastewater system now provides water and wastewater service to additional jurisdictions, 20
76+including Anne Arundel County, Carroll County, Harford County, and Howard County and 21
77+now serves more than 1.8 million regional residents; and 22
8578
86- (ii) one member of the House of Delegates, appointed by the Speaker
87-of the House;
79+ WHEREAS, In accordance with Title 9, Subtitle 5 of the Environment Article, 23
80+Baltimore City alone develops the plans for water supply and wastewater systems, 24
81+including operations, maintenance, and capital investments, while Baltimore County pays 25
82+their proportionate share of the costs; and 26
8883
89- (iii) two members appointed by the Governor;
84+ WHEREAS, Baltimore City and Baltimore County jointly engaged consultants to 27
85+conduct a comprehensive business process review to identify strengths and weaknesses of 28
86+the current governance, planning, data management, and operations of the water and 29
87+wastewater utilities, to identify opportunities to improve interjurisdictional collaboration, 30
88+and to understand the current state of the structures and processes for the delivery of water 31
89+and wastewater services, including operations, planning, and billing, the results of which 32
90+were finalized in July 2021 in the Water/Sewer Services Comprehensive Business Process 33
91+Review; and 34
9092
91- (iv) five members appointed by the Mayor of Baltimore City;
93+ WHEREAS, The consultants provided several models of governance and operations 35
94+that may provide optimal customer service, system reliability, or interjurisdictional 36
95+collaboration, and specifically recommended the exploration of alternative governance 37
96+structures; and 38
97+ SENATE BILL 880 3
9298
93- (v) three members appointed by the County Executive of Baltimore
94-County; and
95- WES MOORE, Governor Ch. 178
9699
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.
100+ WHEREAS, The consultants highlighted the development, operations, and 1
101+governance of several existing regional models for water and wastewater across the 2
102+country; now, therefore, 3
101103
102- (2) Each member shall:
104+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
105+That: 5
103106
104- (i) have knowledge of:
107+ (a) There is a Baltimore Regional Water Governance Task Force. 6
105108
106- 1. water;
109+ (b) (1) The Task Force consists of the following members: 7
107110
108- 2. wastewater; or
111+ (i) one member of the Senate of Maryland, appointed by the 8
112+President of the Senate; 9
109113
110- 3. financing of water or wastewater infrastructure; or
114+ (ii) one member of the House of Delegates, appointed by the Speaker 10
115+of the House; 11
111116
112- (ii) represent ratepayers in their respective jurisdictions.
117+ (iii) two members appointed by the Governor; 12
113118
114- (c) The Mayor of Baltimore City and the County Executive of Baltimore County
115-shall jointly designate a chair of the Task Force.
119+ (iv) five members appointed by the Mayor of Baltimore City; 13
116120
117- (d) The Mayor of Baltimore City and the County Executive of Baltimore County
118-shall jointly provide staff for the Task Force.
121+ (v) three members appointed by the County Executive of Baltimore 14
122+County; and 15
119123
120- (e) A member of the Task Force:
124+ (vi) one member from either Anne Arundel County, Carroll County, 16
125+Howard County, or Harford County, appointed by the Chair of the Baltimore Metropolitan 17
126+Council. 18
121127
122- (1) may not receive compensation as a member of the Task Force; but
128+ (2) Each member shall: 19
123129
124- (2) is entitled to reimbursement for expenses under the Standard State
125-Travel Regulations, as provided in the State budget.
130+ (i) have knowledge of: 20
126131
127- (f) (1) The Task Force shall strive for consensus among its members.
132+ 1. water; 21
128133
129- (2) An affirmative vote of 10 members is needed for the Task Force to act.
134+ 2. wastewater; or 22
130135
131- (g) The Task Force shall:
136+ 3. financing of water or wastewater infrastructure; or 23
132137
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;
138+ (ii) represent ratepayers in their respective jurisdictions. 24
137139
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. 178 2023 LAWS OF MARYLAND
140+ (c) The Mayor of Baltimore City and the County Executive of Baltimore County 25
141+shall jointly designate a chair of the Task Force. 26
144142
145-– 4 –
146- (i) management;
143+ (d) The Mayor of Baltimore City and the County Executive of Baltimore County 27
144+shall jointly provide staff for the Task Force. 28
147145
148- (ii) operations;
146+ (e) A member of the Task Force: 29 4 SENATE BILL 880
149147
150- (iii) employee recruitment;
151148
152- (iv) retention and training;
153149
154- (v) billing and collections;
150+ (1) may not receive compensation as a member of the Task Force; but 1
155151
156- (vi) planning for capital improvements;
152+ (2) is entitled to reimbursement for expenses under the Standard State 2
153+Travel Regulations, as provided in the State budget. 3
157154
158- (vii) emergency management; and
155+ (f) (1) The Task Force shall strive for consensus among its members. 4
159156
160- (viii) rate stability for customers;
157+ (2) An affirmative vote of 10 members is needed for the Task Force to act. 5
161158
162- (3) assess alternative governance structures for the Baltimore region’s
163-water and wastewater utility, including frameworks for:
159+ (g) The Task Force shall: 6
164160
165- (i) governance;
161+ (1) review the findings under Task 2 (Review the City and County 7
162+Organizational Structure and Governance Models) of the Water/Sewer Services 8
163+Comprehensive Business Process Review for Baltimore City and Baltimore County, as 9
164+finalized in July 2021; 10
166165
167- (ii) financing;
166+ (2) review the findings under Task 2.4 (Governance Model Examples and 11
167+Case Reviews) of the Water/Sewer Services Comprehensive Business Process Review for 12
168+Baltimore City and Baltimore County, as finalized in July 2021, and other existing regional 13
169+water and wastewater governance models to assess how different regional approaches may 14
170+improve: 15
168171
169- (iii) capital planning;
172+ (i) management; 16
170173
171- (iv) future system capacity expansion;
174+ (ii) operations; 17
172175
173- (v) decision–making processes; and
176+ (iii) employee recruitment; 18
174177
175- (vi) ongoing operations and maintenance of safe, efficient, equitable,
176-and affordable water and wastewater systems serving the Baltimore region;
178+ (iv) retention and training; 19
177179
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:
180+ (v) billing and collections; 20
181181
182- (i) systems transitions;
182+ (vi) planning for capital improvements; 21
183183
184- (ii) asset leases and capital planning;
184+ (vii) emergency management; and 22
185185
186- (iii) rate restructuring for Baltimore City, Baltimore County, and
187-other wholesale stakeholders;
186+ (viii) rate stability for customers; 23
188187
189- (iv) debt consolidation and extension;
188+ (3) assess alternative governance structures for the Baltimore region’s 24
189+water and wastewater utility, including frameworks for: 25
190190
191- (v) staffing and pension liabilities; and WES MOORE, Governor Ch. 178
191+ (i) governance; 26
192192
193-– 5 –
193+ (ii) financing; 27
194194
195- (vi) other relevant costs to jurisdictions or customers served by the
196-shared systems; and
195+ (iii) capital planning; 28 SENATE BILL 880 5
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.
205198
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
208-managed and operated by local government.
199+ (iv) future system capacity expansion; 1
209200
210- (j) On or before January 30, 2024, the Task Force shall report its findings and
211-recommendations to the Mayor of Baltimore City, the County Executive of Baltimore
212-County, the Governor, and, in accordance with § 2–1257 of the State Government Article,
213-the General Assembly.
201+ (v) decision–making processes; and 2
214202
215- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
216-measure, is necessary for the immediate preservation of the public health or safety, has
217-been passed by a yea and nay vote supported by three–fifths of all the members elected to
218-each of the two Houses of the General Assembly, and shall take effect from the date it is
219-enacted. It shall remain effective through June 30, 2024, and, at the end of June 30, 2024,
220-this Act, with no further action required by the General Assembly, shall be abrogated and
221-of no further force and effect.
203+ (vi) ongoing operations and maintenance of safe, efficient, equitable, 3
204+and affordable water and wastewater systems serving the Baltimore region; 4
222205
223-Approved by the Governor, April 24, 2023.
206+ (4) analyze the fiscal implications and efficiencies of each alternative 5
207+governance structure, including estimated short– and long–term costs, 10–year historical 6
208+costs that both jurisdictions have paid to the utility, and cost–savings associated with: 7
209+
210+ (i) systems transitions; 8
211+
212+ (ii) asset leases and capital planning; 9
213+
214+ (iii) rate restructuring for Baltimore City, Baltimore County, and 10
215+other wholesale stakeholders; 11
216+
217+ (iv) debt consolidation and extension; 12
218+
219+ (v) staffing and pension liabilities; and 13
220+
221+ (vi) other relevant costs to jurisdictions or customers served by the 14
222+shared systems; and 15
223+
224+ (5) recommend the governance model best suited for water and wastewater 16
225+systems in the Baltimore region and the necessary legislation and funding to establish the 17
226+recommended model. 18
227+
228+ (h) In developing the recommendations and report required under this section, 19
229+the Task Force shall consult with the Department of the Environment and the Maryland 20
230+Environmental Service. 21
231+
232+ (i) It is the intent of the General Assembly that the Task Force strengthen the 22
233+governance of the Baltimore region’s water and wastewater utility as a public asset 23
234+managed and operated by local government. 24
235+
236+ (j) On or before January 30, 2024, the Task Force shall report its findings and 25
237+recommendations to the Mayor of Baltimore City, the County Executive of Baltimore 26
238+County, the Governor, and, in accordance with § 2–1257 of the State Government Article, 27
239+the General Assembly. 28
240+
241+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 29
242+measure, is necessary for the immediate preservation of the public health or safety, has 30
243+been passed by a yea and nay vote supported by three–fifths of all the members elected to 31
244+each of the two Houses of the General Assembly, and shall take effect from the date it is 32 6 SENATE BILL 880
245+
246+
247+enacted. It shall remain effective through June 30, 2024, and, at the end of June 30, 2024, 1
248+this Act, with no further action required by the General Assembly, shall be abrogated and 2
249+of no further force and effect. 3
250+
251+
252+
253+
254+
255+Approved:
256+________________________________________________________________________________
257+ Governor.
258+________________________________________________________________________________
259+ President of the Senate.
260+________________________________________________________________________________
261+ Speaker of the House of Delegates.