EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0883*
SENATE BILL 883
M3 3lr2739
CF HB 893
By: Senator M. Washington
Introduced and read first time: February 9, 2023
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Environment – Water Utilities – Shutoff Protections 2
(Water Access for All Protection Act) 3
FOR the purpose of authorizing a certain water utility to temporarily shut off service for 4
certain reasons, notwithstanding certain provisions of law; prohibiting a water 5
utility from shutting off service for certain reasons; prohibiting a water utility from 6
shutting off service on receipt of certain information; prohibiting the sale of property 7
to enforce certain liens except in certain circumstances; and generally relating to 8
water service shutoff protections. 9
BY adding to 10
Article – Environment 11
Section 9–2A–01 through 9–2A–03 to be under the new subtitle “Subtitle 2A. Water 12
Shutoff Protections” 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Environment 17
Section 9–658(g)(1) 18
Annotated Code of Maryland 19
(2014 Replacement Volume and 2022 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Environment 22
Section 9–658(g)(2), 9–662, 9–663, 9–724, 9–939, and 9–951 23
Annotated Code of Maryland 24
(2014 Replacement Volume and 2022 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27 2 SENATE BILL 883
Article – Environment 1
SUBTITLE 2A. WATER SHUTOFF PROTECTION S. 2
9–2A–01. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) “AREA MEDIAN INCOME ” MEANS THE MEDIAN HOU SEHOLD INCOME FOR 6
THE AREA ADJUSTED FO R HOUSEHOLD SIZE AS PUBLISHED AND ANNUAL LY 7
UPDATED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT . 8
(C) “CUSTOMER” MEANS A PERSON RECEI VING OR REQUESTING T O 9
RECEIVE WATER OR SEWER SERVICE. 10
(D) “WATER UTILITY ” MEANS A CENTRALIZED WATER SUPPLY AND 11
SEWERAGE SYSTEM, OWNED AND OPERATED B Y A POLITICAL SUBDIVIS ION, A 12
SANITARY COMMISSION , OR AN AUTHORITY PROVIDING SERVICES U NDER THIS 13
TITLE. 14
9–2A–02. 15
NOTWITHSTANDING ANY OTHER PROVISION OF T HIS SUBTITLE, A WATER 16
UTILITY MAY SHUT OFF SERVICE TEMPORARILY FOR REAS ONS OF HEALTH OR 17
SAFETY OR IN A STATE OR NATIONAL EME RGENCY. 18
9–2A–03. 19
(A) A WATER UTILITY MAY NOT SHUT OFF SER VICE FOR NONPAYMENT OF 20
OVERDUE BILLS IF THE CUSTOMER OR AN AUTHORIZED REP RESENTATIVE OF THE 21
CUSTOMER INFORMS THE WATER UTILITY THAT: 22
(1) THE CUSTOMER OR AN IN DIVIDUAL RESIDING AT THE PREMISES 23
HAS A SIGNIFICANT ME DICAL CONDITION , AS CERTIFIED IN WRIT ING BY A LICENSED 24
MEDICAL DOCTOR OR A LOCAL DEPARTMENT O F HEALTH STATING THA T THE 25
ABSENCE OF WATER OR SEWER SERVICE AT THE PREMI SES WILL AGGRAVATE T HE 26
MEDICAL CONDITION ; 27
(2) THE CUSTOMER OR AN IN DIVIDUAL RESIDING AT THE PREMISES 28
IS AT LEAST 65 YEARS OLD AND HAS AN INCOME AT OR BELOW 50% OF THE AREA 29
MEDIAN INCOME; OR 30
SENATE BILL 883 3
(3) THE CUSTOMER OR AN IN DIVIDUAL RESIDING AT THE PREMISES 1
HAS A PHYSICAL , COGNITIVE, OR MEDICAL IMPAIRMEN T RESULTING FROM 2
ANATOMICAL , PHYSIOLOGICAL , OR NEUROLOGICAL COND ITIONS, AS CERTIFIED IN 3
WRITING BY A LICENSE D MEDICAL DOCTOR OR A LOCAL DEPARTMENT OF HEALTH , 4
THAT PREVENTS: 5
(I) THE EXERCISE OF NORMA L BODILY FUNCTION ; 6
(II) THE CUSTOMER ’S OR INDIVIDUAL ’S ABILITY TO MANAGE 7
THE CUSTOMER ’S OR INDIVIDUAL’S RESOURCES; OR 8
(III) THE CUSTOMER ’S OR INDIVIDUAL ’S ABILITY TO BE 9
PROTECTED FROM NEGLECT OR HAZARDO US SITUATIONS WITHOU T THE 10
ASSISTANCE OF OTHERS . 11
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A WATER 12
UTILITY MAY NOT SHUT OFF A CUSTOMER’S SERVICE SOLELY BECAUSE : 13
(I) THE CUSTOMER HAS NOT PAI D FOR SERVICE RECEIV ED AT 14
A SEPARATE METERING POINT, RESIDENCE, OR LOCATION; OR 15
(II) THE CUSTOMER HAS NOT PAI D FOR SERVICE AT A P REMISES 16
OCCUPIED BY ANOTHER PERSON. 17
(2) AFTER GIVING A CUSTOM ER NOTICE, A WATER UTILITY MAY SHUT 18
OFF SERVICE IF THE CUSTOMER SUPPL IES A WRITTEN , NOTARIZED STATEMENT 19
THAT THE PREMISES AR E UNOCCUPIED . 20
9–658. 21
(g) (1) To enforce the collection of unpaid benefit assessments or other charges 22
that are at least 60 days overdue, the sanitary commission, at any time, may: 23
(i) Sue any person who was an owner of record of the parcel at any 24
time since the benefit assessment was last paid; or 25
(ii) File a bill in equity to enforce a lien through a decree of sale of 26
property against any person who was an owner of record of the parcel at any time since the 27
benefit assessment was last paid. 28
(2) In addition to the actions that the sanitary commission may take under 29
paragraph (1) of this subsection, in Allegany County, Dorchester County, Garrett County, 30
and Somerset County, the sanitary commission may disconnect the service IN 31
ACCORDANCE WITH SUBTITLE 2A OF THIS TITLE. 32
4 SENATE BILL 883
9–662. 1
(a) For each project that it operates, a district may charge the owners of parcels 2
serviced by or connected to the project: 3
(1) A minimum charge; and 4
(2) A usage charge that is based on the use of the project by the owner of 5
the parcel. 6
(b) The district shall use funds received from charges made under this section: 7
(1) To operate, maintain, and repair the project; 8
(2) To maintain proper depreciation allowances; 9
(3) To pay operation expenses of the district; 10
(4) To repay advances made by member counties under § 9–628 of this 11
subtitle; and 12
(5) To pay the principal and interest on bonds issued under this subtitle. 13
(c) For water service, the sanitary commission: 14
(1) Shall make a minimum charge: 15
(i) That is based on the size of the meter serving the property and 16
is uniform throughout the service area for each size of meter; and 17
(ii) That, for properties to which no meter is connected, is reasonable 18
and uniform throughout the service area; and 19
(2) Subject to the meter size and uniformity requirements of this 20
subsection, may change the minimum charge as necessary. 21
(d) For sewerage service, the sanitary commission shall: 22
(1) Make a minimum charge that is reasonable and uniform throughout 23
the service area; and 24
(2) Collect, each year, the minimum charge in the same manner as the 25
sanitary commission collects benefit assessments. 26
(e) If a minimum charge for sewerage service is unpaid, the minimum charge has 27
the same status as an unpaid benefit assessment. 28
SENATE BILL 883 5
(f) For solid waste disposal systems, the sanitary commission shall make a 1
minimum charge that is reasonable and uniform throughout the service area. 2
(g) If the sanitary commission uses a water meter, the sanitary commission shall 3
connect the water meter at the sanitary commission’s expense. 4
(h) For water usage, the sanitary commission shall make a charge that: 5
(1) Is based on meter readings; or 6
(2) If no water meter is connected to the property, is: 7
(i) Based on the estimated water usage; and 8
(ii) Uniform among unmetered properties in the service area. 9
(i) For sewerage systems and solid waste disposal systems, the sanitary 10
commission shall make a reasonable usage charge. 11
(j) Except for bills for minimum charges for sewerage services, the sanitary 12
commission: 13
(1) Shall send to each property owner: 14
(i) For water service, a bill for minimum charges and usage charges 15
for water once each 3 or 6 months; and 16
(ii) For other charges, a bill once each 3, 6, or 12 months; and 17
(2) May stagger the frequency and dates of bills sent under this section. 18
(k) The property owner promptly shall pay any bill sent under this section. 19
(l) [If a water bill is unpaid for 30 days after being sent, and after written notice 20
is left on the premises or mailed to the last known address of the owner, the sanitary 21
commission may: 22
(1) Disconnect water service to the property; and 23
(2) Require, before reconnecting water service, payment of the entire water 24
bill plus a reconnection charge reasonably related to the cost of reconnection, as established 25
by ordinance of the governing body of the county or municipal corporation in which the 26
water service is provided. 27
(m)] (1) If a charge for which a bill sent under this section is in default 60 days 28
after the bill is sent, the charge is in default. 29
6 SENATE BILL 883
(2) When a charge is in default, it is a lien on the property and the sanitary 1
commission may collect the charge in the same manner as benefit assessments. 2
(3) EXCEPT AS AUTHORIZED BY § 9–658(H) AND (I) OF THIS SUBTITLE, 3
A COUNTY OR COUNTY TAX COLLECTOR MAY NO T SELL REAL PROPERTY SOLELY TO 4
ENFORCE A LIEN IMPOS ED FOR UNPAID WATER , SEWER, OR SANITARY SYSTEM 5
CHARGES, FEES, OR ASSESSMENTS . 6
[(n)] (M) (1) This subsection applies only in Dorchester County and Somerset 7
County. 8
(2) Notwithstanding any other provisions of law: 9
(i) A district may charge an owner of a parcel serviced by or 10
connected to a project that the district operates a late fee for any unpaid usage charge that 11
is based on the use of the project by the owner of the parcel; 12
(ii) A sanitary commission may require, before reconnecting water 13
service, payment of any applicable late fees in addition to any other charge authorized by 14
this section; and 15
(iii) A charge that is in default shall accrue interest from the date of 16
default at a rate set by the sanitary commission. 17
[(o)] (N) In Garrett County, notwithstanding any other provisions of law: 18
(1) The district may charge an owner of a parcel serviced by or connected 19
to a project that the district operates a late fee for any unpaid usage charge that is based 20
on the use of the project by the owner of the parcel; 21
(2) The County Commissioners of Garrett County may require, before 22
reconnecting water service, payment of any applicable late fees in addition to any other 23
charge authorized by this section; and 24
(3) A charge that is in default shall accrue interest from the date of default 25
at a rate set by the County Commissioners. 26
[(p)] (O) (1) This subsection applies only to property subject to a 27
condominium regime established under Title 11 of the Real Property Article. 28
(2) Notwithstanding any other law, if the sanitary commission directly bills 29
the governing body of a condominium or a person designated by the governing body of a 30
condominium for water or sewer usage charges for all or a portion of the units in a 31
condominium property, and a charge is in default for at least 60 days, the sanitary 32
commission shall post notice conspicuously at or near the entry to the common area of the 33
condominium. 34 SENATE BILL 883 7
(3) The sanitary commission may enter onto the common area of a 1
condominium property at a reasonable time to post the notice required under this 2
subsection. 3
9–663. 4
(a) A sanitary commission: 5
(1) Shall control the use of water in its district; and 6
(2) Has jurisdiction over each fire hydrant connected to a system operated 7
by the district. 8
(b) (1) [If] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF a 9
sanitary commission determines that there is a shortage of water or that the supply of 10
water should be conserved, the sanitary commission may: 11
[(1)] (I) Issue an order that requires the conservation of water; and 12
[(2)] (II) Include in the order specific requirements for conserving water 13
use. 14
(2) A SANITARY COMMISSION MAY NOT SHUT OFF WAT ER SERVICE TO 15
INDIVIDUALS WHO ARE PROTECTED UNDER § 9–2A–03 OF THIS TITLE. 16
[(c) The sanitary commission shall publish the order in a newspaper published in 17
each member county covered by the order. 18
(d) Each water user shall obey the order of the sanitary commission, effective with 19
the earlier of: 20
(1) The first publication of the order; or 21
(2) Receipt of the order from the sanitary commission. 22
(e) Without notice, the sanitary commission may disconnect the water supply of 23
any person who violates the order.] 24
[(f)] (C) (1) To prevent waste of water, a representative of a sanitary 25
commission at any reasonable time may enter any property connected to a system operated 26
by the district and inspect the plumbing system on the property. 27
(2) On entering any property, the representative of the sanitary 28
commission shall present appropriate credentials to the owner, operator, or agent in charge. 29
8 SENATE BILL 883
(3) After the inspection, the representative of the sanitary commission may 1
order necessary changes to the plumbing system: 2
(i) To eliminate leaks; 3
(ii) To prevent water loss; and 4
(iii) To prevent unnecessary or improper use of sewers. 5
9–724. 6
(a) The rates for water service shall: 7
(1) Be based on estimates of the amount of water used by the types of users 8
specified in the rates; and 9
(2) Consist of: 10
(i) A minimum charge based on the size of the meter on the water 11
connection leading to the property; and 12
(ii) A charge for water used, based on the amount of water passing 13
through the meter during the period between the last 2 readings. 14
(b) (1) At its own expense, the political subdivision shall place a meter on each 15
water connection. 16
(2) If the political subdivision does not have meters available to install in 17
all property that is connected to the system in a locality, the political subdivision shall 18
charge a flat rate to all property in which meters are not installed. 19
(c) (1) The political subdivision shall send bills for water service to the 20
property, the property owner, or the property owner’s designee for each property served on 21
a monthly, every other month, quarterly, or semiannual basis. 22
(2) The bills are payable at the office of the political subdivision on receipt. 23
(3) If any bill remains unpaid after 30 days from the date the bill is sent, 24
the political subdivision shall: 25
(i) Notify the owner of the property served, in writing, that the bill 26
is in arrears and that water service will be discontinued; 27
(ii) Leave the notice on the owner’s property or mail the notice to the 28
last known address of the owner; and 29
SENATE BILL 883 9
(iii) [Discontinue] IN ACCORDANCE WITH SUBTITLE 2A OF THIS 1
TITLE, DISCONTINUE water service to the property until the owner pays the bill and a 2
reconnection charge reasonably related to the cost of reconnection, as established by 3
ordinance of the governing body of the county or municipal corporation in which the water 4
service is provided. 5
(4) If any bill remains unpaid after 60 days from the date of sending the 6
notice[: 7
(i) The], THE bill and the penalty imposed under paragraph (3)(iii) 8
of this subsection shall be collectible from the property owner in the same manner and 9
subject to the same interest as taxes are collectible in the county in which the water or 10
sewerage system lies[; and 11
(ii) The water service charges and all penalties shall be a first lien 12
on the property]. 13
(d) (1) This subsection applies only to property subject to a condominium 14
regime established under Title 11 of the Real Property Article. 15
(2) Notwithstanding any other law, if the political subdivision directly bills 16
the governing body of a condominium or a person designated by the governing body of a 17
condominium for water or sewer usage charges for all or a portion of the units in a 18
condominium property, and a charge is in default for at least 60 days, the political 19
subdivision shall post notice conspicuously at or near the entry to the common area of the 20
condominium. 21
(3) The political subdivision may enter onto the common area of a 22
condominium property at a reasonable time to post the notice required under this 23
subsection. 24
9–939. 25
(a) A resolution or trust agreement that provides for the issuance of or secures 26
bonds under this subtitle may: 27
(1) Include any of the provisions in subsections (c) through (f) of this 28
section; and 29
(2) Require the authority to adopt resolutions or take any other lawful 30
action that is necessary to enforce those provisions. 31
(b) If a resolution or trust agreement includes any of the provisions of subsections 32
(c) through (f) of this section, the authority may adopt resolutions and take any other lawful 33
action that is necessary to enforce those provisions. 34
10 SENATE BILL 883
(c) If the owner, tenant, or occupant of a parcel of land is obligated to pay rates, 1
fees, or charges for the use of or services furnished by any project of an authority, the 2
authority may require the owner, tenant, or occupant to deposit with the authority, before 3
the use is made or the services are furnished, a reasonable amount: 4
(1) To insure payment of the rates, fees, or charges; and 5
(2) To be applied to payment of any delinquent rates, fees, or charges. 6
(d) If the owner, tenant, or occupant of a parcel of land does not pay any rate, fee, 7
or charge for the use of or services furnished by any project of an authority within 30 days 8
after the rate, fee, or charge becomes due and payable, the authority, at the end of the 9
30–day period, may: 10
(1) [Disconnect] IN ACCORDANCE WITH SUBTITLE 2A OF THIS TITLE, 11
DISCONNECT the parcel of land from the water system or sewerage system of the authority 12
or otherwise suspend services; and 13
(2) Recover the amount of the rate, fee, or charge that is delinquent, plus 14
interest[: 15
(i) In] IN a civil action[; or 16
(ii) By foreclosure of the lien for the rate, fee, or charge]. 17
(e) If any rate, fee, or charge for the use of or services furnished to a lot or parcel 18
of land by a sewerage system that is owned, constructed, or operated by an authority under 19
this subtitle is not paid within 30 days after the rate, fee, or charge becomes due and 20
payable, the owner, tenant, or occupant of the parcel of land shall stop disposing of sewage 21
or industrial wastes from the parcel of land directly or indirectly into the sewerage system 22
until the rate, fee, or charge, plus interest, is paid. 23
(f) (1) If the owner, tenant, or occupant of a parcel of land does not stop 24
disposing of sewage or industrial wastes as required by subsection (e) of this section, any 25
political subdivision or person who supplies or sells water for use on the parcel of land shall 26
stop supplying or selling the water within 5 days after receiving notice of the delinquency 27
from the authority. 28
(2) If a political subdivision or person does not stop supplying or selling 29
water for use on a parcel of land as required by paragraph (1) of this subsection, the 30
authority may shut off the supply of water to the parcel of land IN ACCORDANCE WITH 31
SUBTITLE 2A OF THIS TITLE. 32
9–951. 33
SENATE BILL 883 11
(a) A political subdivision that owns or operates a water system may contract with 1
an authority as provided in subsection (b) of this section to shut off the supply of water to 2
any premises that are connected with any sewerage system of the authority. 3
(b) If the owner, tenant, or occupant of any premises described in subsection (a) 4
of this section fails, within the time stated in the contract, to pay any rate, fee, or charge 5
for the use or services of the sewerage system of an authority, the authority may shut off 6
the supply of water to the premises IN ACCORDANCE WITH SUBTITLE 2A OF THIS TITLE. 7
(c) (1) An authority may disconnect service to a property on a finding or 8
notification from the governing body of the political subdivision in which the property is 9
located that the property is: 10
(i) A vacant lot; or 11
(ii) Cited as vacant and unfit for habitation on a housing or building 12
violation notice. 13
(2) Subject to paragraph (3) of this subsection, on request by the owner of 14
the property, the authority shall restore service to a property where service was 15
disconnected in accordance with paragraph (1) of this subsection. 16
(3) (i) An authority may require proof that all housing and building 17
violation notices on a property have been resolved prior to restoring service under 18
paragraph (2) of this subsection. 19
(ii) Prior to restoring service under paragraph (2) of this subsection, 20
an authority may require the owner of the property to pay: 21
1. All unpaid rates, fees, charges, or assessments for service 22
at the property; and 23
2. Any reconnection fees for service at the property. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2023. 26