EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1161*
HOUSE BILL 1161
M3 4lr2418
CF SB 1051
By: Dorchester County Delegation
Introduced and read first time: February 7, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Dorchester County – Sanitary Commission – Transfer of Powers to County 2
Council 3
FOR the purpose of authorizing the Dorchester County Council to, by public local law, 4
abolish the Dorchester County Sanitary Commission, establish a department of 5
public facilities and services, and provide for the department’s abilities and 6
functions, subject to certain requirements; transferring certain responsibilities from 7
the Dorchester County Sanitary Commission to the Dorchester County Council; and 8
generally relating to the dissolution of the Dorchester County Sanitary Commission. 9
BY repealing and reenacting, with amendments, 10
Article – Environment 11
Section 9–622(a)(1) and (c)(1), 9–649(c), 9–656(a), 9–657(i) and (j), 9–658(c), (g), and 12
(i), 9–662(n), 9–666.1, 9–674 through 9–679, and 9–1605.2(d) 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – Environment 17
Section 9–629.1 18
Annotated Code of Maryland 19
(2014 Replacement Volume and 2023 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Environment 22
Section 9–649(a) and (b), 9–658(a) and (b), 9–672, and 9–673 23
Annotated Code of Maryland 24
(2014 Replacement Volume and 2023 Supplement) 25
BY repealing 26
Article – Local Government 27 2 HOUSE BILL 1161
Section 12–104 1
Annotated Code of Maryland 2
(2013 Volume and 2023 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Environment 6
9–622. 7
(a) (1) The sanitary commission of each single county district consists of the 8
following numbers of sanitary commissioners, each appointed by the governing body of the 9
member county: 10
(i) Allegany County – 7; 11
(ii) [Dorchester County – 6; 12
(iii)] Somerset County, except as provided in paragraph (2) of this 13
subsection – 5; 14
[(iv)] (III) Worcester County – 5; and 15
[(v)] (IV) Other counties – 3. 16
(c) (1) The term of a sanitary commissioner in a single county district is as 17
follows: 18
(i) [In Dorchester County, 6 years expiring on July 1 of the 19
appropriate year. 20
(ii)] In Allegany County, 6 years expiring on June 1 of the appropriate 21
year. 22
[(iii)] (II) In Somerset County, 6 years expiring, as required by the 23
terms of the sanitary commissioners on July 1, 1982, on June 1 or January 1 of the 24
appropriate year. 25
[(iv)] (III) In any other county, 6 years expiring on January 1 of the 26
appropriate year. 27
9–629.1. 28
(A) IN THIS SECTION, “DEPARTMENT ” MEANS A DEPARTMENT O F PUBLIC 29
FACILITIES AND SERVI CES. 30 HOUSE BILL 1161 3
(B) THIS SECTION APPLIES ONLY TO DORCHESTER COUNTY. 1
(C) NOTWITHSTANDING ANY O THER PROVISION OF LAW , THE COUNTY 2
COUNCIL MAY EXERCISE A POWER UNDER THIS S ECTION. 3
(D) THE COUNTY COUNCIL , BY PUBLIC LOCAL LAW , MAY: 4
(1) ESTABLISH A DEPARTMEN T OF PUBLIC FACILITI ES AND 5
SERVICES; AND 6
(2) PROVIDE FOR THE ORGAN IZATION AND FUNCTION S OF THE 7
DEPARTMENT . 8
(E) THE COUNTY COUNCIL MA Y ASSIGN TO A DEPART MENT: 9
(1) RESPONSIBILITY FOR CO NSTRUCTION, MAINTENANCE , REPAIR, 10
SERVICE, AND MANAGEMENT OF : 11
(I) PUBLIC WORKS, PUBLIC BUILDINGS , PUBLICLY OWNED AND 12
PRIVATE WATER AND SE WERAGE FACILITIES AN D PROJECTS , AND CAPITAL 13
PROJECTS; 14
(II) WATER SUPPLY FACILITI ES AND PROJECTS; 15
(III) WASTEWATER COLLECTION , TREATMENT , AND DISPOSAL 16
FACILITIES AND PROJE CTS; 17
(IV) SOLID WASTE COLLECTIO N, RECYCLING, AND DISPOSAL 18
FACILITIES AND PROJE CTS; 19
(V) STORM DRAINAGE , EROSION, AND SEDIMENT CONTROL 20
FACILITIES AND PROJE CTS; 21
(VI) LIGHTING FOR ROADS , HIGHWAYS, ALLEYS, AND OTHER 22
PUBLIC PLACES ; OR 23
(VII) MOSQUITO CONTROL FACI LITIES AND PROGRAMS ; AND 24
(2) ANY OTHER FUNCTION OR DUTY THAT IS NOT INC ONSISTENT WITH 25
THIS SECTION. 26
4 HOUSE BILL 1161
(F) (1) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION, IF 1
THE COUNTY COUNCIL A SSIGNS TO A DEPARTME NT THE RESPONSIBILIT Y FOR 2
WATER AND SEWERAGE F UNCTIONS, THE COUNTY COUNCIL S HALL ABOLISH BY 3
PUBLIC LOCAL LAW : 4
(I) ANY SANITARY DISTRICT OR COMMISSION ESTABL ISHED 5
FOR THE COUNTY UNDER THIS SUBTITLE; AND 6
(II) ANY WATER OR SEWER AU THORITY ESTABLISHED FOR THE 7
COUNTY UNDER SUBTITLE 9 OF THIS TITLE. 8
(2) BEFORE ABOLISHING A W ATER OR SEWER AUTHOR ITY OR 9
SANITARY DISTRICT OR COMMISSION, THE COUNTY COUNCIL M AY REQUEST THAT 10
THE ENTITY PROVIDE T O THE COUNTY APPROPRIATE INFO RMATION TO ASSIST TH E 11
COUNTY COUNCIL IN CO MPLYING WITH PARAGRA PH (3) OF THIS SUBSECTION . 12
(3) THE PUBLIC LOCAL LAW SHALL PROVIDE : 13
(I) FOR THE RETIRING , REFUNDING, REFINANCING , 14
TRANSFER, OR ASSUMPTION OF ANY APPLICABLE OUTSTANDI NG BONDS OF THE 15
ABOLISHED ENTITY ; 16
(II) FOR THE ASSUMPTION OF ALL EXISTING ASSETS AND 17
LIABILITIES OF THE A BOLISHED ENTITY BY T HE COUNTY, SUBJECT TO AN AUDIT OF 18
THE ASSETS AND LIABI LITIES BY A CERTIFIE D PUBLIC ACCOUNTANT ; 19
(III) FOR THE TRANSFER OF A LL REAL AND PERSONAL 20
PROPERTY OF THE ABOL ISHED ENTITY TO THE COUNTY; 21
(IV) FOR THE TRANSFER OF R ESPONSIBILITY AND 22
ADMINISTRATION OF AN Y LEGALLY ENFORCEABL E AGREEMENT BETWEEN THE 23
ABOLISHED ENTITY AND ANOTHER PARTY TO THE COUNTY; 24
(V) FOR THE CONTINUED EFF ECT OF ORDERS , RULES, AND 25
REGULATIONS OF THE A BOLISHED ENTITY , UNTIL REVOKED OR MOD IFIED BY THE 26
COUNTY COUNCIL ; 27
(VI) THAT ANY REVENUES OF AN ABOLISHED ENTITY REMAIN 28
DEDICATED FOR THE PU RPOSE COLLECTED AND ARE NOT TRANSFERRED INTO THE 29
COUNTY’S GENERAL FUND; AND 30
(VII) THAT ALL MATTERS PEND ING BEFORE THE ABOLI SHED 31
ENTITY MAY CONTINUE AND SHALL BE COMPLET ED BY THE DEPARTMENT . 32 HOUSE BILL 1161 5
(4) ANY EMPLOYEE OF A WAT ER OR SEWER AUTHORIT Y OR OF A 1
SANITARY DISTRICT OR COMMISSION EMPLOYED ON THE DATE THAT THE 2
AUTHORITY, DISTRICT, OR COMMISSION IS ABO LISHED WHO TRANSFERS TO THE 3
DEPARTMENT OR TO A M UNICIPALITY OR LOCAL COMMUNITY SHALL TRAN SFER 4
WITHOUT ANY LOSS OF SALARY, RETIREMENT BENEFITS , INSURANCE BENEFITS , 5
LEAVE TIME, SENIORITY LEVEL , OR OTHER EMPLOYEE BE NEFITS. 6
(G) (1) IF THE COUNTY COUNCIL ABOLISHES A WATER OR SEWER 7
AUTHORITY OR SANITAR Y DISTRICT OR COMMIS SION, THE COUNTY COUNCIL S HALL 8
EXERCISE THE POWERS OF A WATER OR SEWER AUTHORITY OR SANITAR Y DISTRICT 9
OR COMMISSION . 10
(2) THE COUNTY COUNCIL MA Y: 11
(I) ADOPT REGULATIONS FOR WA TER AND SEWERAGE 12
MANAGEMENT ; 13
(II) ACQUIRE, CONSTRUCT, OPERATE, OR MAINTAIN WATER 14
AND SEWERAGE SYSTEMS AS THE COUNTY COUNCI L CONSIDERS TO BE IN THE 15
PUBLIC INTEREST AND NECESSARY TO PROTECT THE GENERAL HEALTH A ND 16
WELFARE; AND 17
(III) SET RATES, FEES, AND ASSESSMENTS FOR WATER AND 18
SEWERAGE SERVICES AN D BENEFITS. 19
9–649. 20
(a) This section does not authorize the creation of a service area that includes 21
territory in another service area. 22
(b) If the required number of property owners sign a petition that requests the 23
creation of a service area in a district, the sanitary commission shall review the petition. 24
(c) The required number of petitioning property owners is[: 25
(1) In Dorchester County, the lesser of: 26
(i) 25 percent of the property owners in the proposed service area; 27
or 28
(ii) 25 property owners in the proposed service area; and 29
(2) In], IN any [other] member county, WITH THE EXCEPTION O F 30
DORCHESTER COUNTY, 25 property owners in the proposed service area. 31 6 HOUSE BILL 1161
9–656. 1
(a) (1) To pay the principal and interest on bonds issued under this subtitle, a 2
sanitary commission may set reasonable benefit assessments and reasonable connection 3
charges. 4
(2) In Allegany County, a sanitary commission may also set reasonable 5
benefit assessments to pay the cost of capital improvements to a water or sewerage system. 6
(3) The Sanitary Commission of Worcester County may also set reasonable 7
benefit assessments and reasonable connection charges to pay other costs on bonds issued 8
under this subtitle. 9
(4) In Dorchester County, [a sanitary commission] THE COUNTY 10
COUNCIL may also set reasonable benefit assessments to pay the cost of capital 11
improvements and repairs to a water or sewerage system. 12
9–657. 13
(i) (1) In this subsection “Bonnie Brook Service Area” includes the Bonnie 14
Brook Sanitary District. 15
(2) In the Bonnie Brook Service Area, in order to make capital 16
improvements and repairs or to establish a reserve for capital improvements and repairs, 17
the Dorchester County [Sanitary Commission] COUNCIL may make a uniform assessment 18
on each lot that abuts on a way in which a water main is laid. 19
(3) An assessment under this subsection is in addition to any charges made 20
under § 9–662 of this subtitle. 21
(4) An assessment under this section shall be based on a flat fee for each 22
lot under uniform rules and regulations approved by the Dorchester County 23
[Commissioners] COUNCIL. 24
(j) (1) In this subsection, “service area number 1” includes sanitary district 25
number one. 26
(2) In service area number 1, the Dorchester County [Sanitary 27
Commission] COUNCIL shall impose, on each parcel that abuts any way in which a sewer 28
is built, a benefit assessment of at least $50. 29
9–658. 30
(a) When the sanitary commission has determined a benefit assessment, and 31
except as otherwise provided in this section, the sanitary commission shall levy a benefit 32 HOUSE BILL 1161 7
assessment, so that the levy will be effective on the July 1 that next follows the first March 1
31 that occurs on or before which the construction is completed on the project for which the 2
benefit assessment is made. 3
(b) (1) The Allegany County Sanitary Commission may make the levy of a 4
benefit assessment effective on the date on which the construction is completed on the 5
project for which the benefit assessment is made. 6
(2) If the Allegany County Sanitary Commission makes a levy on the date 7
on which the construction is completed, it shall prorate the levy on the basis of the benefit 8
assessment for an entire year and the time remaining until July 1. 9
(c) (1) The Dorchester County [Sanitary Commission] COUNCIL may make 10
the levy of a benefit assessment effective on the date on which: 11
(i) The construction is substantially completed; or 12
(ii) The system is in use for the project for which the benefit 13
assessment is made. 14
(2) If the Dorchester County [Sanitary Commission] COUNCIL makes a 15
levy on the date on which the construction is substantially completed or when the system 16
is in use, it shall prorate the levy on the basis of the benefit assessment for an entire year 17
and the time remaining until July 1. 18
(g) (1) To enforce the collection of unpaid benefit assessments or other charges 19
that are at least 60 days overdue, the sanitary commission, at any time, may: 20
(i) Sue any person who was an owner of record of the parcel at any 21
time since the benefit assessment was last paid; or 22
(ii) File a bill in equity to enforce a lien through a decree of sale of 23
property against any person who was an owner of record of the parcel at any time since the 24
benefit assessment was last paid. 25
(2) In addition to the actions that the sanitary commission may take under 26
paragraph (1) of this subsection, [in Allegany County, Dorchester County, Garrett County, 27
and Somerset County, the sanitary commission] THE ENTITIES THAT may disconnect the 28
service INCLUDE: 29
(I) THE DORCHESTER COUNTY COUNCIL; 30
(II) THE SANITARY COMMISSI ON IN ALLEGANY COUNTY; 31
(III) THE SANITARY COMMISSI ON OF GARRETT COUNTY; AND 32
8 HOUSE BILL 1161
(IV) THE SANITARY COMMISSI ON IN SOMERSET COUNTY. 1
(3) When recorded, the lien is legal notice to any person who has any 2
interest in a parcel. 3
(i) (1) In addition to any remedy under subsection (g) of this section, [in 4
Allegany County, Dorchester County, and Somerset County, the sanitary commission] THE 5
ENTITIES THAT may request the county tax collector to conduct a sale of real property to 6
enforce a lien representing any unpaid benefit assessment or other charges under this 7
subtitle at a county tax sale in accordance with the same procedures governing the sale of 8
property for delinquent property taxes INCLUDE: 9
(I) THE DORCHESTER COUNTY COUNCIL; 10
(II) THE SANITARY COMMISSI ON IN ALLEGANY COUNTY; AND 11
(III) THE SANITARY COMMISSI ON IN SOMERSET COUNTY. 12
(2) In Allegany County, the tax collector in Allegany County may conduct 13
a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of this 14
subsection. 15
(3) In Dorchester County, the tax collector in Dorchester County may 16
conduct a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of 17
this subsection. 18
(4) In Somerset County, the tax collector in Somerset County may conduct 19
a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of this 20
subsection. 21
9–662. 22
(n) (1) This subsection applies only in Dorchester County and Somerset 23
County. 24
(2) Notwithstanding any other provisions of law: 25
(i) A district IN SOMERSET COUNTY OR THE DORCHESTER 26
COUNTY COUNCIL may charge an owner of a parcel serviced by or connected to a project 27
that the district operates a late fee for any unpaid usage charge that is based on the use of 28
the project by the owner of the parcel; 29
(ii) A sanitary commission IN SOMERSET COUNTY OR THE 30
DORCHESTER COUNTY COUNCIL may require, before reconnecting water service, 31
payment of any applicable late fees in addition to any other charge authorized by this 32
section; and 33 HOUSE BILL 1161 9
(iii) A charge that is in default shall accrue interest from the date of 1
default at a rate set by the sanitary commission IN SOMERSET COUNTY OR BY THE 2
DORCHESTER COUNTY COUNCIL. 3
9–666.1. 4
(a) The provisions of this section are applicable in Dorchester County. 5
(b) On the request of property owners whose property is not in a service area and 6
is not in an area that is contiguous to a service area, the [sanitary commission] THE 7
COUNTY COUNCIL may: 8
(1) Extend a project to include the properties that are the subject of the 9
request; or 10
(2) Provide other services to the properties. 11
(c) The [sanitary commission] COUNTY COUNCIL may require that the property 12
owners agree to the terms and conditions authorized under § 9–666(b) of this subtitle. 13
(d) Property covered under this section and owners of property covered under this 14
section shall be subject to the provisions of § 9–658(d) through (g), inclusive. 15
9–672. 16
(a) In Part VII of this subtitle the following words have the meanings indicated. 17
(b) “Shared facility” means a water system or sewerage system that serves: 18
(1) More than 1 lot; 19
(2) More than 1 single family residence or its equivalent; or 20
(3) A series of water systems or sewerage systems that each serve 1 lot. 21
(c) “Shared facility area” means the territory served by a shared facility. 22
9–673. 23
Part VII of this subtitle applies only to Dorchester County. 24
9–674. 25
(a) The Dorchester County [Sanitary District, Inc.,] COUNCIL may: 26
10 HOUSE BILL 1161
(1) Construct, buy, own, hold, lease, repair, maintain, improve, and operate 1
a shared facility; and 2
(2) Contract with any person, any agency of the federal government or this 3
State, or any municipality for services that relate to the facility. 4
(b) The shared facility may be built only: 5
(1) Outside an incorporated area of Dorchester County; and 6
(2) (i) Outside a service area; or 7
(ii) If inside a service area, to serve territory that the Sanitary 8
Commission determines is not feasible to serve with an existing project. 9
(c) The shared facility may not serve more than 14 single family residences or 10
their equivalent. 11
9–675. 12
(a) The owners of property in territory that may be served by a shared facility 13
may file a written petition with the [Sanitary Commission] DORCHESTER COUNTY 14
COUNCIL that requests the [Sanitary Commission] DORCHESTER COUNTY COUNCIL: 15
(1) To build a shared facility; and 16
(2) To designate a shared facility area. 17
(b) The petition shall include: 18
(1) Plans for the proposed shared facility that will enable the [Sanitary 19
Commission] DORCHESTER COUNTY COUNCIL to determine the cost and feasibility of 20
the proposed shared facility; and 21
(2) A map of the proposed shared facility area. 22
(c) The petitioners shall provide, at their own expense, the map and plans 23
required by this section. 24
9–676. 25
(a) Within 90 days from the date the complete petition is filed, the [Sanitary 26
Commission] DORCHESTER COUNTY COUNCIL shall decide on the petition. 27
HOUSE BILL 1161 11
(b) In deciding on a petition, the [Sanitary Commission] DORCHESTER COUNTY 1
COUNCIL may designate a shared facility area if the [Sanitary Commission] 2
DORCHESTER COUNTY COUNCIL finds that: 3
(1) The proposed shared facility is necessary for the public health, safety, 4
and welfare of the residents of Dorchester County who would be affected by the proposed 5
shared facility; and 6
(2) It is feasible: 7
(i) To construct the proposed shared facility; and 8
(ii) To establish the proposed shared facility area. 9
(c) (1) If the [Sanitary Commission] DORCHESTER COUNTY COUNCIL 10
denies the petition, the petitioners, within 30 days after the denial, may [appeal to] ASK 11
the Dorchester County [Commissioners] COUNCIL FOR RECONSIDERATION OF THE 12
PETITION. 13
(2) The Dorchester County [Commissioners] COUNCIL: 14
(i) Shall determine whether the proposed shared facility meets the 15
applicable standards of this section; and 16
(ii) May affirm, modify, or reverse [the] A decision [of the Sanitary 17
Commission]. 18
(d) When a petition is approved by the [Sanitary Commission or the] Dorchester 19
County [Commissioners] COUNCIL, the [Sanitary Commission] DORCHESTER COUNTY 20
COUNCIL shall: 21
(1) Adopt a resolution that: 22
(i) Provides for construction of the shared facility; and 23
(ii) Designates the boundaries of the shared facility area; and 24
(2) File the resolution among the Dorchester County land records. 25
9–677. 26
(a) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall propose 27
and, [with the approval of the Dorchester County Commissioners given] after a public 28
hearing, adopt rules and regulations to carry out the provisions of this subtitle that relate 29
to shared facilities. 30
12 HOUSE BILL 1161
(b) These rules and regulations shall include provisions for: 1
(1) Classification of properties in the shared facilities area; and 2
(2) Levy of benefit assessments in accordance with this subtitle. 3
9–678. 4
(a) The Dorchester County [Commissioners] COUNCIL may advance funds [to 5
the Dorchester County Sanitary District, Inc.,] to meet the organizational and preliminary 6
costs of establishing and constructing the shared facility. 7
(b) From the first revenues received from benefit assessments made for the 8
shared facility, the [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall repay 9
advances made under this section. 10
9–679. 11
(a) In accordance with the rules and regulations that the Dorchester County 12
[Commissioners approve] COUNCIL APPROVES : 13
(1) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 14
make benefit assessments on the property in a shared facility area in an amount that is 15
enough to: 16
(i) Pay the principal and interest on each bond issued and any other 17
obligation incurred by the Sanitary Commission in constructing the shared facility; and 18
(ii) Pay any other costs incurred in building the shared facility; and 19
(2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL may 20
establish reasonable charges on each parcel in the shared facility area. 21
(b) (1) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 22
give to the owner of each parcel in the shared facility area written notice of: 23
(i) The class and subclass of the parcel; 24
(ii) The benefit assessment for the parcel; and 25
(iii) The time and place of the hearing to which the owner is entitled 26
under this section. 27
(2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 28
mail the notice to the owner at the last known address of the owner on the Dorchester 29
County tax assessment records. 30 HOUSE BILL 1161 13
(c) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall give 1
each property owner an opportunity for a hearing before the [Sanitary Commission] 2
DORCHESTER COUNTY COUNCIL. 3
(d) After the hearing, the [Sanitary Commission] DORCHESTER COUNTY 4
COUNCIL may adjust the classification or benefit assessment as appropriate. 5
(e) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall make 6
the levy of each benefit assessment the [Sanitary Commission] DORCHESTER COUNTY 7
COUNCIL determines under this section so that the levy is effective for the July 1 that 8
follows the first March 31 that occurs on or after the date: 9
(1) Construction is completed on the shared facility; or 10
(2) The shared facility is acquired. 11
(f) While unpaid, benefit assessments and other charges are a lien on the parcel 12
for which made. 13
(g) The lien granted by this subsection is subordinate only to State taxes and 14
municipal taxes. 15
(h) (1) As to each lien that arises against a parcel in the shared facility area, 16
the [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall keep a public record 17
that: 18
(i) Identifies the owners of the parcel; 19
(ii) Describes the parcel and gives any lot number of record that 20
applies to the parcel; and 21
(iii) Shows the amount of the lien. 22
(2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 23
file the record of liens with the Clerk of the Circuit Court for Dorchester County, for filing 24
among the land records for Dorchester County. 25
(3) The record of liens shall be legal notice of all existing liens in the shared 26
facility area. 27
(i) (1) To enforce the collection of unpaid benefit assessments or other charges 28
that are at least 60 days overdue, the [Sanitary Commission] DORCHESTER COUNTY 29
COUNCIL, at any time, may: 30
14 HOUSE BILL 1161
(i) Sue any person who was an owner of record of the parcel at any 1
time since the benefit assessment was last paid; or 2
(ii) File a bill in equity to enforce a lien through a decree of sale of 3
property against any person who was an owner of record of the parcel at any time since the 4
benefit assessment was last paid. 5
(2) When recorded, the lien shall be legal notice to any person who has any 6
interest in a parcel. 7
9–1605.2. 8
(d) (1) Subject to the approval of the Administration, a local government or a 9
billing authority for a water or wastewater facility shall establish a program to exempt 10
from the requirements of this section a residential dwelling able to demonstrate substantial 11
financial hardship as a result of the restoration fee. 12
(2) (i) Except as provided in subparagraph (ii) of this paragraph, the 13
Bay Restoration Fee shall be collected by the local government or the billing authority for 14
the water or wastewater facility, as appropriate, on behalf of the State. 15
(ii) For a wastewater facility without a billing authority, the 16
Comptroller may collect the restoration fee from the facility owner. 17
(3) A local government, billing authority for a water or wastewater facility, 18
or any other authorized collecting agency: 19
(i) May use all of its existing procedures and authority for collecting 20
a water or sewer bill, an on–site sewage disposal system bill, or a holding tank bill in order 21
to enforce the collection of the Bay Restoration Fee; and 22
(ii) Shall establish a segregated account for the deposit of funds 23
collected under this section. 24
(4) (i) This paragraph applies only in Dorchester County. 25
(ii) An unpaid Bay Restoration Fee shall be a lien against the 26
property served by a wastewater facility, on–site sewage disposal system, or holding tank. 27
(iii) A notice of lien shall be recorded in the land records of Dorchester 28
County. 29
(iv) The County Council may collect the Bay Restoration Fee [on 30
behalf of the Dorchester County Sanitary District]. 31
HOUSE BILL 1161 15
(5) (i) In Caroline County, an unpaid Bay Restoration Fee shall be a 1
lien against the property served by a wastewater facility, on–site sewage disposal system, 2
or holding tank. 3
(ii) A notice of lien shall be recorded in the land records of Caroline 4
County. 5
Article – Local Government 6
[12–104. 7
In Dorchester County, the governing body may include in the merit system of the 8
county the employees of the Dorchester County Sanitary District.] 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2024. 11