| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *hb1161* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1161 | |
| 11 | 8 | M3 4lr2418 | |
| 12 | 9 | CF SB 1051 | |
| 13 | 10 | By: Dorchester County Delegation | |
| 14 | 11 | Introduced and read first time: February 7, 2024 | |
| 15 | 12 | Assigned to: Environment and Transportation | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 8, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Dorchester County – Sanitary Commission – Transfer of Powers to County 2 | |
| 25 | 19 | Council 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of authorizing the Dorchester County Council to, by public local law, 4 | |
| 28 | 22 | abolish the Dorchester County Sanitary Commission, establish a department of 5 | |
| 29 | 23 | public facilities and services, and provide for the department’s abilities and 6 | |
| 30 | 24 | functions, subject to certain requirements; transferring certain responsibilities from 7 | |
| 31 | 25 | the Dorchester County Sanitary Commission to the Dorchester County Council; and 8 | |
| 32 | 26 | generally relating to the dissolution of the Dorchester County Sanitary Commission. 9 | |
| 33 | 27 | ||
| 34 | 28 | BY repealing and reenacting, with amendments, 10 | |
| 35 | 29 | Article – Environment 11 | |
| 36 | 30 | 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 | |
| 37 | 31 | (i), 9–662(n), 9–666.1, 9–674 through 9–679, and 9–1605.2(d) 13 | |
| 38 | 32 | Annotated Code of Maryland 14 | |
| 39 | 33 | (2014 Replacement Volume and 2023 Supplement) 15 | |
| 40 | 34 | ||
| 41 | 35 | BY adding to 16 | |
| 42 | 36 | Article – Environment 17 | |
| 43 | 37 | Section 9–629.1 18 | |
| 44 | 38 | Annotated Code of Maryland 19 | |
| 45 | 39 | (2014 Replacement Volume and 2023 Supplement) 20 | |
| 46 | 40 | ||
| 47 | 41 | BY repealing and reenacting, without amendments, 21 | |
| 48 | - | Article – Environment 22 2 HOUSE BILL 1161 | |
| 42 | + | Article – Environment 22 | |
| 43 | + | Section 9–649(a) and (b), 9–658(a) and (b), 9–672, and 9–673 23 | |
| 44 | + | Annotated Code of Maryland 24 | |
| 45 | + | (2014 Replacement Volume and 2023 Supplement) 25 | |
| 46 | + | ||
| 47 | + | BY repealing 26 | |
| 48 | + | Article – Local Government 27 2 HOUSE BILL 1161 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Section | |
| 51 | + | Section 12–104 1 | |
| 52 | 52 | Annotated Code of Maryland 2 | |
| 53 | - | ( | |
| 53 | + | (2013 Volume and 2023 Supplement) 3 | |
| 54 | 54 | ||
| 55 | - | BY repealing 4 | |
| 56 | - | Article – Local Government 5 | |
| 57 | - | Section 12–104 6 | |
| 58 | - | Annotated Code of Maryland 7 | |
| 59 | - | (2013 Volume and 2023 Supplement) 8 | |
| 55 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4 | |
| 56 | + | That the Laws of Maryland read as follows: 5 | |
| 60 | 57 | ||
| 61 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 | |
| 62 | - | That the Laws of Maryland read as follows: 10 | |
| 58 | + | Article – Environment 6 | |
| 63 | 59 | ||
| 64 | - | ||
| 60 | + | 9–622. 7 | |
| 65 | 61 | ||
| 66 | - | 9–622. 12 | |
| 62 | + | (a) (1) The sanitary commission of each single county district consists of the 8 | |
| 63 | + | following numbers of sanitary commissioners, each appointed by the governing body of the 9 | |
| 64 | + | member county: 10 | |
| 67 | 65 | ||
| 68 | - | (a) (1) The sanitary commission of each single county district consists of the 13 | |
| 69 | - | following numbers of sanitary commissioners, each appointed by the governing body of the 14 | |
| 70 | - | member county: 15 | |
| 66 | + | (i) Allegany County – 7; 11 | |
| 71 | 67 | ||
| 72 | - | ( | |
| 68 | + | (ii) [Dorchester County – 6; 12 | |
| 73 | 69 | ||
| 74 | - | (ii) [Dorchester County – 6; 17 | |
| 70 | + | (iii)] Somerset County, except as provided in paragraph (2) of this 13 | |
| 71 | + | subsection – 5; 14 | |
| 75 | 72 | ||
| 76 | - | (iii)] Somerset County, except as provided in paragraph (2) of this 18 | |
| 77 | - | subsection – 5; 19 | |
| 73 | + | [(iv)] (III) Worcester County – 5; and 15 | |
| 78 | 74 | ||
| 79 | - | [( | |
| 75 | + | [(v)] (IV) Other counties – 3. 16 | |
| 80 | 76 | ||
| 81 | - | [(v)] (IV) Other counties – 3. 21 | |
| 77 | + | (c) (1) The term of a sanitary commissioner in a single county district is as 17 | |
| 78 | + | follows: 18 | |
| 82 | 79 | ||
| 83 | - | ( | |
| 84 | - | ||
| 80 | + | (i) [In Dorchester County, 6 years expiring on July 1 of the 19 | |
| 81 | + | appropriate year. 20 | |
| 85 | 82 | ||
| 86 | - | (i) [In Dorchester County, 6 years expiring on July 1 of the 24 | |
| 83 | + | (ii)] In Allegany County, 6 years expiring on June 1 of the appropriate 21 | |
| 84 | + | year. 22 | |
| 85 | + | ||
| 86 | + | [(iii)] (II) In Somerset County, 6 years expiring, as required by the 23 | |
| 87 | + | terms of the sanitary commissioners on July 1, 1982, on June 1 or January 1 of the 24 | |
| 87 | 88 | appropriate year. 25 | |
| 88 | 89 | ||
| 89 | - | ( | |
| 90 | - | year. 27 | |
| 90 | + | [(iv)] (III) In any other county, 6 years expiring on January 1 of the 26 | |
| 91 | + | appropriate year. 27 | |
| 91 | 92 | ||
| 92 | - | [(iii)] (II) In Somerset County, 6 years expiring, as required by the 28 | |
| 93 | - | terms of the sanitary commissioners on July 1, 1982, on June 1 or January 1 of the 29 | |
| 94 | - | appropriate year. 30 | |
| 95 | - | HOUSE BILL 1161 3 | |
| 93 | + | 9–629.1. 28 | |
| 96 | 94 | ||
| 97 | - | ||
| 98 | - | [(iv)] (III) In any other county, 6 years expiring on January 1 of the 1 | |
| 99 | - | appropriate year. 2 | |
| 100 | - | ||
| 101 | - | 9–629.1. 3 | |
| 102 | - | ||
| 103 | - | (A) IN THIS SECTION, “DEPARTMENT ” MEANS A DEPARTMENT O F PUBLIC 4 | |
| 104 | - | FACILITIES AND SERVI CES. 5 | |
| 105 | - | ||
| 106 | - | (B) THIS SECTION APPLIES ONLY TO DORCHESTER COUNTY. 6 | |
| 107 | - | ||
| 108 | - | (C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE COUNTY 7 | |
| 109 | - | COUNCIL MAY EX ERCISE A POWER UNDER THIS SECTION. 8 | |
| 110 | - | ||
| 111 | - | (D) THE COUNTY COUNCIL , BY PUBLIC LOCAL LAW , MAY: 9 | |
| 112 | - | ||
| 113 | - | (1) ESTABLISH A DEPARTMEN T OF PUBLIC FACILITI ES AND 10 | |
| 114 | - | SERVICES; AND 11 | |
| 115 | - | ||
| 116 | - | (2) PROVIDE FOR THE ORGAN IZATION AND FUNCTION S OF THE 12 | |
| 117 | - | DEPARTMENT . 13 | |
| 118 | - | ||
| 119 | - | (E) THE COUNTY COUNCIL MA Y ASSIGN TO A DEPARTME NT: 14 | |
| 120 | - | ||
| 121 | - | (1) RESPONSIBILITY FOR CO NSTRUCTION, MAINTENANCE , REPAIR, 15 | |
| 122 | - | SERVICE, AND MANAGEMENT OF : 16 | |
| 123 | - | ||
| 124 | - | (I) PUBLIC WORKS, PUBLIC BUILDINGS , PUBLICLY OWNED AND 17 | |
| 125 | - | PRIVATE WATER AND SE WERAGE FACILITIES AN D PROJECTS , AND CAPITAL 18 | |
| 126 | - | PROJECTS; 19 | |
| 127 | - | ||
| 128 | - | (II) WATER SUPPLY FACILITI ES AND PROJECTS ; 20 | |
| 129 | - | ||
| 130 | - | (III) WASTEWATER COLLECTION , TREATMENT , AND DISPOSAL 21 | |
| 131 | - | FACILITIES AND PROJE CTS; 22 | |
| 132 | - | ||
| 133 | - | (IV) SOLID WASTE COLLECTIO N, RECYCLING, AND DISPOSAL 23 | |
| 134 | - | FACILITIES AND PROJE CTS; 24 | |
| 135 | - | ||
| 136 | - | (V) STORM DRAINAGE , EROSION, AND SEDIMENT CONTROL 25 | |
| 137 | - | FACILITIES AND PROJEC TS; 26 | |
| 138 | - | ||
| 139 | - | (VI) LIGHTING FOR ROADS , HIGHWAYS, ALLEYS, AND OTHER 27 | |
| 140 | - | PUBLIC PLACES ; OR 28 | |
| 141 | - | ||
| 142 | - | (VII) MOSQUITO CONTROL FACI LITIES AND PROGRAMS ; AND 29 4 HOUSE BILL 1161 | |
| 95 | + | (A) IN THIS SECTION, “DEPARTMENT ” MEANS A DEPARTMENT O F PUBLIC 29 | |
| 96 | + | FACILITIES AND SERVI CES. 30 HOUSE BILL 1161 3 | |
| 143 | 97 | ||
| 144 | 98 | ||
| 145 | 99 | ||
| 146 | - | (2) ANY OTHER FUNCTION OR DUTY THAT IS NOT INC ONSISTENT WITH 1 | |
| 147 | - | THIS SECTION. 2 | |
| 100 | + | (B) THIS SECTION APPLIES ONLY TO DORCHESTER COUNTY. 1 | |
| 148 | 101 | ||
| 149 | - | (F) (1) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION , IF 3 | |
| 150 | - | THE COUNTY COUNCIL A SSIGNS TO A DEPARTME NT THE RESPONSIBILIT Y FOR 4 | |
| 151 | - | WATER AND SEWERAGE F UNCTIONS, THE COUNTY COUNCIL S HALL ABOLISH BY 5 | |
| 152 | - | PUBLIC LOCAL LAW : 6 | |
| 102 | + | (C) NOTWITHSTANDING ANY O THER PROVISION OF LAW , THE COUNTY 2 | |
| 103 | + | COUNCIL MAY EXERCISE A POWER UNDER THIS S ECTION. 3 | |
| 153 | 104 | ||
| 154 | - | (I) ANY SANITARY DISTRICT OR COMMISSION ESTABL ISHED 7 | |
| 155 | - | FOR THE COUNTY UNDER THI S SUBTITLE; AND 8 | |
| 105 | + | (D) THE COUNTY COUNCIL , BY PUBLIC LOCAL LAW , MAY: 4 | |
| 156 | 106 | ||
| 157 | - | ( | |
| 158 | - | ||
| 107 | + | (1) ESTABLISH A DEPARTMEN T OF PUBLIC FACILITI ES AND 5 | |
| 108 | + | SERVICES; AND 6 | |
| 159 | 109 | ||
| 160 | - | (2) BEFORE ABOLISHING A W ATER OR SEWER AUTHOR ITY OR 11 | |
| 161 | - | SANITARY DISTRICT OR COMMISSION, THE COUNTY COUNCIL M AY REQUEST THAT 12 | |
| 162 | - | THE ENTITY PROVIDE T O THE COUNTY APPROPR IATE INFORMATION TO ASSIST THE 13 | |
| 163 | - | COUNTY COUNCIL IN CO MPLYING WITH PARAGRA PH (3) OF THIS SUBSECTION . 14 | |
| 110 | + | (2) PROVIDE FOR THE ORGAN IZATION AND FUNCTION S OF THE 7 | |
| 111 | + | DEPARTMENT . 8 | |
| 164 | 112 | ||
| 165 | - | ( | |
| 113 | + | (E) THE COUNTY COUNCIL MA Y ASSIGN TO A DEPART MENT: 9 | |
| 166 | 114 | ||
| 167 | - | (I) FOR THE RETIRING , REFUNDING, REFINANCING , 16 | |
| 168 | - | TRANSFER, OR ASSUMPTION OF ANY APPLICABLE OU TSTANDING BONDS OF T HE 17 | |
| 169 | - | ABOLISHED ENTITY ; 18 | |
| 115 | + | (1) RESPONSIBILITY FOR CO NSTRUCTION, MAINTENANCE , REPAIR, 10 | |
| 116 | + | SERVICE, AND MANAGEMENT OF : 11 | |
| 170 | 117 | ||
| 171 | - | ( | |
| 172 | - | ||
| 173 | - | ||
| 118 | + | (I) PUBLIC WORKS, PUBLIC BUILDINGS , PUBLICLY OWNED AND 12 | |
| 119 | + | PRIVATE WATER AND SE WERAGE FACILITIES AN D PROJECTS , AND CAPITAL 13 | |
| 120 | + | PROJECTS; 14 | |
| 174 | 121 | ||
| 175 | - | (III) FOR THE TRANSFER OF A LL REAL AND PERSONAL 22 | |
| 176 | - | PROPERTY OF THE ABOL ISHED ENTITY TO THE COUNTY; 23 | |
| 122 | + | (II) WATER SUPPLY FACILITI ES AND PROJECTS; 15 | |
| 177 | 123 | ||
| 178 | - | (IV) FOR THE TRANSFER OF R ESPONSIBILITY AND 24 | |
| 179 | - | ADMINISTRATION OF AN Y LEGALLY ENFORCEABL E AGREEMENT BETWEEN THE 25 | |
| 180 | - | ABOLISHED ENTITY AND ANOTHER PARTY TO THE COUNTY; 26 | |
| 124 | + | (III) WASTEWATER COLLECTION , TREATMENT , AND DISPOSAL 16 | |
| 125 | + | FACILITIES AND PROJE CTS; 17 | |
| 181 | 126 | ||
| 182 | - | (V) FOR THE CONTINUED EFF ECT OF ORDERS , RULES, AND 27 | |
| 183 | - | REGULATIONS OF THE A BOLISHED ENTITY , UNTIL REVOKED OR MOD IFIED BY THE 28 | |
| 184 | - | COUNTY COUNCIL ; 29 | |
| 127 | + | (IV) SOLID WASTE COLLECTIO N, RECYCLING, AND DISPOSAL 18 | |
| 128 | + | FACILITIES AND PROJE CTS; 19 | |
| 185 | 129 | ||
| 186 | - | (VI) THAT ANY REVENUES OF AN ABOLISHED ENTITY REMAIN 30 | |
| 187 | - | DEDICATED FOR THE PU RPOSE COLLECTED AND ARE NOT TRANSFERR ED INTO THE 31 | |
| 188 | - | COUNTY’S GENERAL FUND ; AND 32 HOUSE BILL 1161 5 | |
| 130 | + | (V) STORM DRAINAGE , EROSION, AND SEDIMENT CONTROL 20 | |
| 131 | + | FACILITIES AND PROJE CTS; 21 | |
| 132 | + | ||
| 133 | + | (VI) LIGHTING FOR ROADS , HIGHWAYS, ALLEYS, AND OTHER 22 | |
| 134 | + | PUBLIC PLACES ; OR 23 | |
| 135 | + | ||
| 136 | + | (VII) MOSQUITO CONTROL FACI LITIES AND PROGRAMS ; AND 24 | |
| 137 | + | ||
| 138 | + | (2) ANY OTHER FUNCTION OR DUTY THAT IS NOT INC ONSISTENT WITH 25 | |
| 139 | + | THIS SECTION. 26 | |
| 140 | + | 4 HOUSE BILL 1161 | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | (F) (1) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION, IF 1 | |
| 144 | + | THE COUNTY COUNCIL A SSIGNS TO A DEPARTME NT THE RESPONSIBILIT Y FOR 2 | |
| 145 | + | WATER AND SEWERAGE F UNCTIONS, THE COUNTY COUNCIL S HALL ABOLISH BY 3 | |
| 146 | + | PUBLIC LOCAL LAW : 4 | |
| 147 | + | ||
| 148 | + | (I) ANY SANITARY DISTRICT OR COMMISSION ESTABL ISHED 5 | |
| 149 | + | FOR THE COUNTY UNDER THIS SUBTITLE; AND 6 | |
| 150 | + | ||
| 151 | + | (II) ANY WATER OR SEWER AU THORITY ESTABLISHED FOR THE 7 | |
| 152 | + | COUNTY UNDER SUBTITLE 9 OF THIS TITLE. 8 | |
| 153 | + | ||
| 154 | + | (2) BEFORE ABOLISHING A W ATER OR SEWER AUTHOR ITY OR 9 | |
| 155 | + | SANITARY DISTRICT OR COMMISSION, THE COUNTY COUNCIL M AY REQUEST THAT 10 | |
| 156 | + | THE ENTITY PROVIDE T O THE COUNTY APPROPRIATE INFO RMATION TO ASSIST TH E 11 | |
| 157 | + | COUNTY COUNCIL IN CO MPLYING WITH PARAGRA PH (3) OF THIS SUBSECTION . 12 | |
| 158 | + | ||
| 159 | + | (3) THE PUBLIC LOCAL LAW SHALL PROVIDE : 13 | |
| 160 | + | ||
| 161 | + | (I) FOR THE RETIRING , REFUNDING, REFINANCING , 14 | |
| 162 | + | TRANSFER, OR ASSUMPTION OF ANY APPLICABLE OUTSTANDI NG BONDS OF THE 15 | |
| 163 | + | ABOLISHED ENTITY ; 16 | |
| 164 | + | ||
| 165 | + | (II) FOR THE ASSUMPTION OF ALL EXISTING ASSETS AND 17 | |
| 166 | + | LIABILITIES OF THE A BOLISHED ENTITY BY T HE COUNTY, SUBJECT TO AN AUDIT OF 18 | |
| 167 | + | THE ASSETS AND LIABI LITIES BY A CERTIFIE D PUBLIC ACCOUNTANT ; 19 | |
| 168 | + | ||
| 169 | + | (III) FOR THE TRANSFER OF A LL REAL AND PERSONAL 20 | |
| 170 | + | PROPERTY OF THE ABOL ISHED ENTITY TO THE COUNTY; 21 | |
| 171 | + | ||
| 172 | + | (IV) FOR THE TRANSFER OF R ESPONSIBILITY AND 22 | |
| 173 | + | ADMINISTRATION OF AN Y LEGALLY ENFORCEABL E AGREEMENT BETWEEN THE 23 | |
| 174 | + | ABOLISHED ENTITY AND ANOTHER PARTY TO THE COUNTY; 24 | |
| 175 | + | ||
| 176 | + | (V) FOR THE CONTINUED EFF ECT OF ORDERS , RULES, AND 25 | |
| 177 | + | REGULATIONS OF THE A BOLISHED ENTITY , UNTIL REVOKED OR MOD IFIED BY THE 26 | |
| 178 | + | COUNTY COUNCIL ; 27 | |
| 179 | + | ||
| 180 | + | (VI) THAT ANY REVENUES OF AN ABOLISHED ENTITY REMAIN 28 | |
| 181 | + | DEDICATED FOR THE PU RPOSE COLLECTED AND ARE NOT TRANSFERRED INTO THE 29 | |
| 182 | + | COUNTY’S GENERAL FUND; AND 30 | |
| 183 | + | ||
| 184 | + | (VII) THAT ALL MATTERS PEND ING BEFORE THE ABOLI SHED 31 | |
| 185 | + | ENTITY MAY CONTINUE AND SHALL BE COMPLET ED BY THE DEPARTMENT . 32 HOUSE BILL 1161 5 | |
| 189 | 186 | ||
| 190 | 187 | ||
| 191 | 188 | ||
| 192 | - | (VII) THAT ALL MATTERS PEND ING BEFORE THE ABOLI SHED 1 | |
| 193 | - | ENTITY MAY CONTINUE AND SHALL BE COMPLET ED BY THE DEPARTMENT . 2 | |
| 189 | + | (4) ANY EMPLOYEE OF A WAT ER OR SEWER AUTHORIT Y OR OF A 1 | |
| 190 | + | SANITARY DISTRICT OR COMMISSION EMPLOYED ON THE DATE THAT THE 2 | |
| 191 | + | AUTHORITY, DISTRICT, OR COMMISSION IS ABO LISHED WHO TRANSFERS TO THE 3 | |
| 192 | + | DEPARTMENT OR TO A M UNICIPALITY OR LOCAL COMMUNITY SHALL TRAN SFER 4 | |
| 193 | + | WITHOUT ANY LOSS OF SALARY, RETIREMENT BENEFITS , INSURANCE BENEFITS , 5 | |
| 194 | + | LEAVE TIME, SENIORITY LEVEL , OR OTHER EMPLOYEE BE NEFITS. 6 | |
| 194 | 195 | ||
| 195 | - | (4) (I) ANY SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 3 | |
| 196 | - | ANY EMPLOYEE OF A WATER OR SEWER AUTHORITY OR OF A SA NITARY DISTRICT OR 4 | |
| 197 | - | COMMISSION EMPLOYED ON THE DATE THAT THE AUTHORITY, DISTRICT, OR 5 | |
| 198 | - | COMMISSION IS ABOLIS HED WHO TRANSFERS TO THE DEPARTMENT OR TO A 6 | |
| 199 | - | MUNICIPALITY OR LOCA L COMMUNITY SHALL TR ANSFER WITHOUT ANY L OSS OF 7 | |
| 200 | - | SALARY, RETIREMENT BE NEFITS, INSURANCE BENEFITS , LEAVE TIME, SENIORITY 8 | |
| 201 | - | LEVEL, OR OTHER EMPLOYEE BE NEFITS. 9 | |
| 196 | + | (G) (1) IF THE COUNTY COUNCIL ABOLISHES A WATER OR SEWER 7 | |
| 197 | + | AUTHORITY OR SANITAR Y DISTRICT OR COMMIS SION, THE COUNTY COUNCIL S HALL 8 | |
| 198 | + | EXERCISE THE POWERS OF A WATER OR SEWER AUTHORITY OR SANITAR Y DISTRICT 9 | |
| 199 | + | OR COMMISSION . 10 | |
| 202 | 200 | ||
| 203 | - | (II) ANY EMPLOYEE DESCRIBE D IN SUBPARAGRAPH (I) OF THIS 10 | |
| 204 | - | PARAGRAPH MAY CONTIN UE TO PARTICIPATE AS A MEMBER OF THE STATE 11 | |
| 205 | - | EMPLOYEES’ PENSION SYSTEM ONLY IF THE EM PLOYEE IS EMPLOYED IN AN 12 | |
| 206 | - | ELIGIBLE POSITION WI TH A PARTICIPATING E MPLOYER AS DEFINED U NDER § 13 | |
| 207 | - | 20–101 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 14 | |
| 201 | + | (2) THE COUNTY COUNCIL MA Y: 11 | |
| 208 | 202 | ||
| 209 | - | (G) (1) IF THE COUNTY COUNCIL ABOLISHES A WATER OR SEWER 15 | |
| 210 | - | AUTHORITY OR SANITAR Y DISTRICT OR COMMIS SION, THE COUNTY CO UNCIL SHALL 16 | |
| 211 | - | EXERCISE THE POWERS OF A WATER OR SEWER AUTHORITY OR SANITAR Y DISTRICT 17 | |
| 212 | - | OR COMMISSION . 18 | |
| 203 | + | (I) ADOPT REGULATIONS FOR WA TER AND SEWERAGE 12 | |
| 204 | + | MANAGEMENT ; 13 | |
| 213 | 205 | ||
| 214 | - | (2) THE COUNTY COUNCIL MA Y: 19 | |
| 206 | + | (II) ACQUIRE, CONSTRUCT, OPERATE, OR MAINTAIN WATER 14 | |
| 207 | + | AND SEWERAGE SYSTEMS AS THE COUNTY COUNCI L CONSIDERS TO BE IN THE 15 | |
| 208 | + | PUBLIC INTEREST AND NECESSARY TO PROTECT THE GENERAL HEALTH A ND 16 | |
| 209 | + | WELFARE; AND 17 | |
| 215 | 210 | ||
| 216 | - | ( | |
| 217 | - | ||
| 211 | + | (III) SET RATES, FEES, AND ASSESSMENTS FOR WATER AND 18 | |
| 212 | + | SEWERAGE SERVICES AN D BENEFITS. 19 | |
| 218 | 213 | ||
| 219 | - | (II) ACQUIRE, CONSTRUCT, OPERATE, OR MAINTAIN WATER 22 | |
| 220 | - | AND SEWERAGE SYSTEMS AS THE COUNTY COUNCIL C ONSIDERS TO BE IN TH E 23 | |
| 221 | - | PUBLIC INTEREST AND NECESSARY TO PROTECT THE GENERAL HEALTH A ND 24 | |
| 222 | - | WELFARE; AND 25 | |
| 214 | + | 9–649. 20 | |
| 223 | 215 | ||
| 224 | - | ( | |
| 225 | - | ||
| 216 | + | (a) This section does not authorize the creation of a service area that includes 21 | |
| 217 | + | territory in another service area. 22 | |
| 226 | 218 | ||
| 227 | - | 9–649. 28 | |
| 219 | + | (b) If the required number of property owners sign a petition that requests the 23 | |
| 220 | + | creation of a service area in a district, the sanitary commission shall review the petition. 24 | |
| 228 | 221 | ||
| 229 | - | (a) This section does not authorize the creation of a service area that includes 29 | |
| 230 | - | territory in another service area. 30 | |
| 222 | + | (c) The required number of petitioning property owners is[: 25 | |
| 231 | 223 | ||
| 232 | - | (b) If the required number of property owners sign a petition that requests the 31 | |
| 233 | - | creation of a service area in a district, the sanitary commission shall review the petition. 32 | |
| 224 | + | (1) In Dorchester County, the lesser of: 26 | |
| 234 | 225 | ||
| 235 | - | (c) The required number of petitioning property owners is[: 33 6 HOUSE BILL 1161 | |
| 226 | + | (i) 25 percent of the property owners in the proposed service area; 27 | |
| 227 | + | or 28 | |
| 228 | + | ||
| 229 | + | (ii) 25 property owners in the proposed service area; and 29 | |
| 230 | + | ||
| 231 | + | (2) In], IN any [other] member county, WITH THE EXCEPTION O F 30 | |
| 232 | + | DORCHESTER COUNTY, 25 property owners in the proposed service area. 31 6 HOUSE BILL 1161 | |
| 236 | 233 | ||
| 237 | 234 | ||
| 238 | 235 | ||
| 239 | - | ||
| 236 | + | 9–656. 1 | |
| 240 | 237 | ||
| 241 | - | (i) 25 percent of the property owners in the proposed service area; 2 | |
| 242 | - | or 3 | |
| 238 | + | (a) (1) To pay the principal and interest on bonds issued under this subtitle, a 2 | |
| 239 | + | sanitary commission may set reasonable benefit assessments and reasonable connection 3 | |
| 240 | + | charges. 4 | |
| 243 | 241 | ||
| 244 | - | (ii) 25 property owners in the proposed service area; and 4 | |
| 242 | + | (2) In Allegany County, a sanitary commission may also set reasonable 5 | |
| 243 | + | benefit assessments to pay the cost of capital improvements to a water or sewerage system. 6 | |
| 245 | 244 | ||
| 246 | - | (2) In], IN any [other] member county, WITH THE EXCEPTION O F 5 | |
| 247 | - | DORCHESTER COUNTY, 25 property owners in the proposed service area. 6 | |
| 245 | + | (3) The Sanitary Commission of Worcester County may also set reasonable 7 | |
| 246 | + | benefit assessments and reasonable connection charges to pay other costs on bonds issued 8 | |
| 247 | + | under this subtitle. 9 | |
| 248 | 248 | ||
| 249 | - | 9–656. 7 | |
| 249 | + | (4) In Dorchester County, [a sanitary commission] THE COUNTY 10 | |
| 250 | + | COUNCIL may also set reasonable benefit assessments to pay the cost of capital 11 | |
| 251 | + | improvements and repairs to a water or sewerage system. 12 | |
| 250 | 252 | ||
| 251 | - | (a) (1) To pay the principal and interest on bonds issued under this subtitle, a 8 | |
| 252 | - | sanitary commission may set reasonable benefit assessments and reasonable connection 9 | |
| 253 | - | charges. 10 | |
| 253 | + | 9–657. 13 | |
| 254 | 254 | ||
| 255 | - | ( | |
| 256 | - | ||
| 255 | + | (i) (1) In this subsection “Bonnie Brook Service Area” includes the Bonnie 14 | |
| 256 | + | Brook Sanitary District. 15 | |
| 257 | 257 | ||
| 258 | - | (3) The Sanitary Commission of Worcester County may also set reasonable 13 | |
| 259 | - | benefit assessments and reasonable connection charges to pay other costs on bonds issued 14 | |
| 260 | - | under this subtitle. 15 | |
| 258 | + | (2) In the Bonnie Brook Service Area, in order to make capital 16 | |
| 259 | + | improvements and repairs or to establish a reserve for capital improvements and repairs, 17 | |
| 260 | + | the Dorchester County [Sanitary Commission] COUNCIL may make a uniform assessment 18 | |
| 261 | + | on each lot that abuts on a way in which a water main is laid. 19 | |
| 261 | 262 | ||
| 262 | - | (4) In Dorchester County, [a sanitary commission] THE COUNTY 16 | |
| 263 | - | COUNCIL may also set reasonable benefit assessments to pay the cost of capital 17 | |
| 264 | - | improvements and repairs to a water or sewerage system. 18 | |
| 263 | + | (3) An assessment under this subsection is in addition to any charges made 20 | |
| 264 | + | under § 9–662 of this subtitle. 21 | |
| 265 | 265 | ||
| 266 | - | 9–657. 19 | |
| 266 | + | (4) An assessment under this section shall be based on a flat fee for each 22 | |
| 267 | + | lot under uniform rules and regulations approved by the Dorchester County 23 | |
| 268 | + | [Commissioners] COUNCIL. 24 | |
| 267 | 269 | ||
| 268 | - | ( | |
| 269 | - | ||
| 270 | + | (j) (1) In this subsection, “service area number 1” includes sanitary district 25 | |
| 271 | + | number one. 26 | |
| 270 | 272 | ||
| 271 | - | (2) In the Bonnie Brook Service Are a, in order to make capital 22 | |
| 272 | - | improvements and repairs or to establish a reserve for capital improvements and repairs, 23 | |
| 273 | - | the Dorchester County [Sanitary Commission] COUNCIL may make a uniform assessment 24 | |
| 274 | - | on each lot that abuts on a way in which a water main is laid. 25 | |
| 273 | + | (2) In service area number 1, the Dorchester County [Sanitary 27 | |
| 274 | + | Commission] COUNCIL shall impose, on each parcel that abuts any way in which a sewer 28 | |
| 275 | + | is built, a benefit assessment of at least $50. 29 | |
| 275 | 276 | ||
| 276 | - | (3) An assessment under this subsection is in addition to any charges made 26 | |
| 277 | - | under § 9–662 of this subtitle. 27 | |
| 277 | + | 9–658. 30 | |
| 278 | 278 | ||
| 279 | - | (4) An assessment under this section shall be based on a flat fee for each 28 | |
| 280 | - | lot under uniform rules and regulations approved by the Dorche ster County 29 | |
| 281 | - | [Commissioners] COUNCIL. 30 | |
| 282 | - | HOUSE BILL 1161 7 | |
| 279 | + | (a) When the sanitary commission has determined a benefit assessment, and 31 | |
| 280 | + | except as otherwise provided in this section, the sanitary commission shall levy a benefit 32 HOUSE BILL 1161 7 | |
| 283 | 281 | ||
| 284 | 282 | ||
| 285 | - | (j) (1) In this subsection, “service area number 1” includes sanitary district 1 | |
| 286 | - | number one. 2 | |
| 283 | + | assessment, so that the levy will be effective on the July 1 that next follows the first March 1 | |
| 284 | + | 31 that occurs on or before which the construction is completed on the project for which the 2 | |
| 285 | + | benefit assessment is made. 3 | |
| 287 | 286 | ||
| 288 | - | ( | |
| 289 | - | ||
| 290 | - | ||
| 287 | + | (b) (1) The Allegany County Sanitary Commission may make the levy of a 4 | |
| 288 | + | benefit assessment effective on the date on which the construction is completed on the 5 | |
| 289 | + | project for which the benefit assessment is made. 6 | |
| 291 | 290 | ||
| 292 | - | 9–658. 6 | |
| 291 | + | (2) If the Allegany County Sanitary Commission makes a levy on the date 7 | |
| 292 | + | on which the construction is completed, it shall prorate the levy on the basis of the benefit 8 | |
| 293 | + | assessment for an entire year and the time remaining until July 1. 9 | |
| 293 | 294 | ||
| 294 | - | (a) When the sanitary commission has determined a benefit assessment, and 7 | |
| 295 | - | except as otherwise provided in this section, the sanitary commission shall levy a benefit 8 | |
| 296 | - | assessment, so that the levy will be effective on the July 1 that next follows the first March 9 | |
| 297 | - | 31 that occurs on or before which the construction is completed on the project for which the 10 | |
| 298 | - | benefit assessment is made. 11 | |
| 295 | + | (c) (1) The Dorchester County [Sanitary Commission] COUNCIL may make 10 | |
| 296 | + | the levy of a benefit assessment effective on the date on which: 11 | |
| 299 | 297 | ||
| 300 | - | (b) (1) The Allegany County Sanitary Commission may make the levy of a 12 | |
| 301 | - | benefit assessment effective on the date on which the construction is completed on the 13 | |
| 302 | - | project for which the benefit assessment is made. 14 | |
| 298 | + | (i) The construction is substantially completed; or 12 | |
| 303 | 299 | ||
| 304 | - | (2) If the Allegany County Sanitary Commission makes a levy on the date 15 | |
| 305 | - | on which the construction is completed, it shall prorate the levy on the basis of the benefit 16 | |
| 306 | - | assessment for an entire year and the time remaining until July 1. 17 | |
| 300 | + | (ii) The system is in use for the project for which the benefit 13 | |
| 301 | + | assessment is made. 14 | |
| 307 | 302 | ||
| 308 | - | (c) (1) The Dorchester County [Sanitary Commission] COUNCIL may make 18 | |
| 309 | - | the levy of a benefit assessment effective on the date on which: 19 | |
| 303 | + | (2) If the Dorchester County [Sanitary Commission] COUNCIL makes a 15 | |
| 304 | + | levy on the date on which the construction is substantially completed or when the system 16 | |
| 305 | + | is in use, it shall prorate the levy on the basis of the benefit assessment for an entire year 17 | |
| 306 | + | and the time remaining until July 1. 18 | |
| 310 | 307 | ||
| 311 | - | (i) The construction is substantially completed; or 20 | |
| 308 | + | (g) (1) To enforce the collection of unpaid benefit assessments or other charges 19 | |
| 309 | + | that are at least 60 days overdue, the sanitary commission, at any time, may: 20 | |
| 312 | 310 | ||
| 313 | - | ( | |
| 314 | - | assessment | |
| 311 | + | (i) Sue any person who was an owner of record of the parcel at any 21 | |
| 312 | + | time since the benefit assessment was last paid; or 22 | |
| 315 | 313 | ||
| 316 | - | (2) If the Dorchester County [Sanitary Commission] COUNCIL makes a 23 | |
| 317 | - | levy on the date on which the construction is substantially completed or when the system 24 | |
| 318 | - | is in use, it shall prorate the levy on the basis of the benefit assessment for an entire year 25 | |
| 319 | - | and the time remaining until July 1. 26 | |
| 314 | + | (ii) File a bill in equity to enforce a lien through a decree of sale of 23 | |
| 315 | + | property against any person who was an owner of record of the parcel at any time since the 24 | |
| 316 | + | benefit assessment was last paid. 25 | |
| 320 | 317 | ||
| 321 | - | (g) (1) To enforce the collection of unpaid benefit assessments or other charges 27 | |
| 322 | - | that are at least 60 days overdue, the sanitary commission, at any time, may: 28 | |
| 318 | + | (2) In addition to the actions that the sanitary commission may take under 26 | |
| 319 | + | paragraph (1) of this subsection, [in Allegany County, Dorchester County, Garrett County, 27 | |
| 320 | + | and Somerset County, the sanitary commission] THE ENTITIES THAT may disconnect the 28 | |
| 321 | + | service INCLUDE: 29 | |
| 323 | 322 | ||
| 324 | - | (i) Sue any person who was an owner of record of the parcel at any 29 | |
| 325 | - | time since the benefit assessment was last paid; or 30 | |
| 323 | + | (I) THE DORCHESTER COUNTY COUNCIL; 30 | |
| 326 | 324 | ||
| 327 | - | (ii) | |
| 328 | - | ||
| 329 | - | ||
| 325 | + | (II) THE SANITARY COMMISSI ON IN ALLEGANY COUNTY; 31 | |
| 326 | + | ||
| 327 | + | (III) THE SANITARY COMMISSI ON OF GARRETT COUNTY; AND 32 | |
| 330 | 328 | 8 HOUSE BILL 1161 | |
| 331 | 329 | ||
| 332 | 330 | ||
| 333 | - | (2) In addition to the actions that the sanitary commission may take under 1 | |
| 334 | - | paragraph (1) of this subsection, [in Allegany County, Dorchester County, Garrett County, 2 | |
| 335 | - | and Somerset County, the sanitary commission] THE ENTITIES THAT may disconnect the 3 | |
| 336 | - | service INCLUDE: 4 | |
| 331 | + | (IV) THE SANITARY COMMISSI ON IN SOMERSET COUNTY. 1 | |
| 337 | 332 | ||
| 338 | - | (I) THE DORCHESTER COUNTY COUNCIL; 5 | |
| 333 | + | (3) When recorded, the lien is legal notice to any person who has any 2 | |
| 334 | + | interest in a parcel. 3 | |
| 339 | 335 | ||
| 340 | - | (II) THE SANITARY COMMISSI ON IN ALLEGANY COUNTY; 6 | |
| 336 | + | (i) (1) In addition to any remedy under subsection (g) of this section, [in 4 | |
| 337 | + | Allegany County, Dorchester County, and Somerset County, the sanitary commission] THE 5 | |
| 338 | + | ENTITIES THAT may request the county tax collector to conduct a sale of real property to 6 | |
| 339 | + | enforce a lien representing any unpaid benefit assessment or other charges under this 7 | |
| 340 | + | subtitle at a county tax sale in accordance with the same procedures governing the sale of 8 | |
| 341 | + | property for delinquent property taxes INCLUDE: 9 | |
| 341 | 342 | ||
| 342 | - | ( | |
| 343 | + | (I) THE DORCHESTER COUNTY COUNCIL; 10 | |
| 343 | 344 | ||
| 344 | - | ( | |
| 345 | + | (II) THE SANITARY COMMISSI ON IN ALLEGANY COUNTY; AND 11 | |
| 345 | 346 | ||
| 346 | - | (3) When recorded, the lien is legal notice to any person who has any 9 | |
| 347 | - | interest in a parcel. 10 | |
| 347 | + | (III) THE SANITARY COMMISSI ON IN SOMERSET COUNTY. 12 | |
| 348 | 348 | ||
| 349 | - | (i) (1) In addition to any remedy under subsection (g) of this section, [in 11 | |
| 350 | - | Allegany County, Dorchester County, and Somerset County, the sanitary commission] THE 12 | |
| 351 | - | ENTITIES THAT may request the county tax collector to conduct a sale of real property to 13 | |
| 352 | - | enforce a lien representing any unpaid benefit assessment or other charges under this 14 | |
| 353 | - | subtitle at a county tax sale in accordance with the same procedures governing the sale of 15 | |
| 354 | - | property for delinquent property taxes INCLUDE: 16 | |
| 349 | + | (2) In Allegany County, the tax collector in Allegany County may conduct 13 | |
| 350 | + | a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of this 14 | |
| 351 | + | subsection. 15 | |
| 355 | 352 | ||
| 356 | - | (I) THE DORCHESTER COUNTY COUNCIL; 17 | |
| 353 | + | (3) In Dorchester County, the tax collector in Dorchester County may 16 | |
| 354 | + | conduct a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of 17 | |
| 355 | + | this subsection. 18 | |
| 357 | 356 | ||
| 358 | - | (II) THE SANITARY COMMISSI ON IN ALLEGANY COUNTY; AND 18 | |
| 357 | + | (4) In Somerset County, the tax collector in Somerset County may conduct 19 | |
| 358 | + | a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of this 20 | |
| 359 | + | subsection. 21 | |
| 359 | 360 | ||
| 360 | - | ||
| 361 | + | 9–662. 22 | |
| 361 | 362 | ||
| 362 | - | (2) In Allegany County, the tax collector in Allegany County may conduct 20 | |
| 363 | - | a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of this 21 | |
| 364 | - | subsection. 22 | |
| 363 | + | (n) (1) This subsection applies only in Dorchester County and Somerset 23 | |
| 364 | + | County. 24 | |
| 365 | 365 | ||
| 366 | - | (3) In Dorchester County, the tax collector in Dorchester County may 23 | |
| 367 | - | conduct a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of 24 | |
| 368 | - | this subsection. 25 | |
| 366 | + | (2) Notwithstanding any other provisions of law: 25 | |
| 369 | 367 | ||
| 370 | - | (4) In Somerset County, the tax collector in Somerset County may conduct 26 | |
| 371 | - | a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of this 27 | |
| 372 | - | subsection. 28 | |
| 368 | + | (i) A district IN SOMERSET COUNTY OR THE DORCHESTER 26 | |
| 369 | + | COUNTY COUNCIL may charge an owner of a parcel serviced by or connected to a project 27 | |
| 370 | + | that the district operates a late fee for any unpaid usage charge that is based on the use of 28 | |
| 371 | + | the project by the owner of the parcel; 29 | |
| 373 | 372 | ||
| 374 | - | 9–662. 29 | |
| 375 | - | ||
| 376 | - | (n) (1) This subsection applies only in Dorchester County and Somerset 30 | |
| 377 | - | County. 31 | |
| 378 | - | HOUSE BILL 1161 9 | |
| 379 | - | ||
| 380 | - | ||
| 381 | - | (2) Notwithstanding any other provisions of law: 1 | |
| 382 | - | ||
| 383 | - | (i) A district IN SOMERSET COUNTY OR THE DORCHESTER 2 | |
| 384 | - | COUNTY COUNCIL may charge an owner of a parcel serviced by or connected to a project 3 | |
| 385 | - | that the district operates a late fee for any unpaid usage charge that is based on the use of 4 | |
| 386 | - | the project by the owner of the parcel; 5 | |
| 387 | - | ||
| 388 | - | (ii) A sanitary commission IN SOMERSET COUNTY OR THE 6 | |
| 389 | - | DORCHESTER COUNTY COUNCIL may require, before reconnecting water service, 7 | |
| 390 | - | payment of any applicable late fees in addition to any other charge authorized by this 8 | |
| 391 | - | section; and 9 | |
| 392 | - | ||
| 393 | - | (iii) A charge that is in default shall accrue interest from the date of 10 | |
| 394 | - | default at a rate set by the sanitary commission IN SOMERSET COUNTY OR BY THE 11 | |
| 395 | - | DORCHESTER COUNTY COUNCIL. 12 | |
| 396 | - | ||
| 397 | - | 9–666.1. 13 | |
| 398 | - | ||
| 399 | - | (a) The provisions of this section are applicable in Dorchester County. 14 | |
| 400 | - | ||
| 401 | - | (b) On the request of property owners whose property is not in a service area and 15 | |
| 402 | - | is not in an area that is contiguous to a service area, the [sanitary commission] THE 16 | |
| 403 | - | COUNTY COUNCIL may: 17 | |
| 404 | - | ||
| 405 | - | (1) Extend a project to include the properties that are the subject of the 18 | |
| 406 | - | request; or 19 | |
| 407 | - | ||
| 408 | - | (2) Provide other services to the properties. 20 | |
| 409 | - | ||
| 410 | - | (c) The [sanitary commission] COUNTY COUNCIL may require that the property 21 | |
| 411 | - | owners agree to the terms and conditions authorized under § 9–666(b) of this subtitle. 22 | |
| 412 | - | ||
| 413 | - | (d) Property covered under this section and owners of property covered under this 23 | |
| 414 | - | section shall be subject to the provisions of § 9–658(d) through (g), inclusive. 24 | |
| 415 | - | ||
| 416 | - | 9–672. 25 | |
| 417 | - | ||
| 418 | - | (a) In Part VII of this subtitle the following words have the meanings indicated. 26 | |
| 419 | - | ||
| 420 | - | (b) “Shared facility” means a water system or sewerage system that serves: 27 | |
| 421 | - | ||
| 422 | - | (1) More than 1 lot; 28 | |
| 423 | - | ||
| 424 | - | (2) More than 1 single family residence or its equivalent; or 29 | |
| 425 | - | ||
| 426 | - | (3) A series of water systems or sewerage systems that each serve 1 lot. 30 10 HOUSE BILL 1161 | |
| 373 | + | (ii) A sanitary commission IN SOMERSET COUNTY OR THE 30 | |
| 374 | + | DORCHESTER COUNTY COUNCIL may require, before reconnecting water service, 31 | |
| 375 | + | payment of any applicable late fees in addition to any other charge authorized by this 32 | |
| 376 | + | section; and 33 HOUSE BILL 1161 9 | |
| 427 | 377 | ||
| 428 | 378 | ||
| 429 | 379 | ||
| 430 | - | (c) “Shared facility area” means the territory served by a shared facility. 1 | |
| 380 | + | (iii) A charge that is in default shall accrue interest from the date of 1 | |
| 381 | + | default at a rate set by the sanitary commission IN SOMERSET COUNTY OR BY THE 2 | |
| 382 | + | DORCHESTER COUNTY COUNCIL. 3 | |
| 431 | 383 | ||
| 432 | - | 9– | |
| 384 | + | 9–666.1. 4 | |
| 433 | 385 | ||
| 434 | - | | |
| 386 | + | (a) The provisions of this section are applicable in Dorchester County. 5 | |
| 435 | 387 | ||
| 436 | - | 9–674. 4 | |
| 388 | + | (b) On the request of property owners whose property is not in a service area and 6 | |
| 389 | + | is not in an area that is contiguous to a service area, the [sanitary commission] THE 7 | |
| 390 | + | COUNTY COUNCIL may: 8 | |
| 437 | 391 | ||
| 438 | - | (a) The Dorchester County [Sanitary District, Inc.,] COUNCIL may: 5 | |
| 392 | + | (1) Extend a project to include the properties that are the subject of the 9 | |
| 393 | + | request; or 10 | |
| 439 | 394 | ||
| 440 | - | (1) Construct, buy, own, hold, lease, repair, maintain, improve, and operate 6 | |
| 441 | - | a shared facility; and 7 | |
| 395 | + | (2) Provide other services to the properties. 11 | |
| 442 | 396 | ||
| 443 | - | ( | |
| 444 | - | ||
| 397 | + | (c) The [sanitary commission] COUNTY COUNCIL may require that the property 12 | |
| 398 | + | owners agree to the terms and conditions authorized under § 9–666(b) of this subtitle. 13 | |
| 445 | 399 | ||
| 446 | - | (b) The shared facility may be built only: 10 | |
| 400 | + | (d) Property covered under this section and owners of property covered under this 14 | |
| 401 | + | section shall be subject to the provisions of § 9–658(d) through (g), inclusive. 15 | |
| 447 | 402 | ||
| 448 | - | ||
| 403 | + | 9–672. 16 | |
| 449 | 404 | ||
| 450 | - | ( | |
| 405 | + | (a) In Part VII of this subtitle the following words have the meanings indicated. 17 | |
| 451 | 406 | ||
| 452 | - | (ii) If inside a service area, to serve territory that the Sanitary 13 | |
| 453 | - | Commission determines is not feasible to serve with an existing project. 14 | |
| 407 | + | (b) “Shared facility” means a water system or sewerage system that serves: 18 | |
| 454 | 408 | ||
| 455 | - | (c) The shared facility may not serve more than 14 single family residences or 15 | |
| 456 | - | their equivalent. 16 | |
| 409 | + | (1) More than 1 lot; 19 | |
| 457 | 410 | ||
| 458 | - | ||
| 411 | + | (2) More than 1 single family residence or its equivalent; or 20 | |
| 459 | 412 | ||
| 460 | - | (a) The owners of property in territory that may be served by a shared facility 18 | |
| 461 | - | may file a written petition with the [Sanitary Commission] DORCHESTER COUNTY 19 | |
| 462 | - | COUNCIL that requests the [Sanitary Commission] DORCHESTER COUNTY COUNCIL: 20 | |
| 413 | + | (3) A series of water systems or sewerage systems that each serve 1 lot. 21 | |
| 463 | 414 | ||
| 464 | - | ( | |
| 415 | + | (c) “Shared facility area” means the territory served by a shared facility. 22 | |
| 465 | 416 | ||
| 466 | - | ||
| 417 | + | 9–673. 23 | |
| 467 | 418 | ||
| 468 | - | | |
| 419 | + | Part VII of this subtitle applies only to Dorchester County. 24 | |
| 469 | 420 | ||
| 470 | - | (1) Plans for the proposed shared facility that will enable the [Sanitary 24 | |
| 471 | - | Commission] DORCHESTER COUNTY COUNCIL to determine the cost and feasibility of 25 | |
| 472 | - | the proposed shared facility; and 26 | |
| 421 | + | 9–674. 25 | |
| 473 | 422 | ||
| 474 | - | (2) A map of the proposed shared facility area. 27 | |
| 423 | + | (a) The Dorchester County [Sanitary District, Inc.,] COUNCIL may: 26 | |
| 424 | + | 10 HOUSE BILL 1161 | |
| 425 | + | ||
| 426 | + | ||
| 427 | + | (1) Construct, buy, own, hold, lease, repair, maintain, improve, and operate 1 | |
| 428 | + | a shared facility; and 2 | |
| 429 | + | ||
| 430 | + | (2) Contract with any person, any agency of the federal government or this 3 | |
| 431 | + | State, or any municipality for services that relate to the facility. 4 | |
| 432 | + | ||
| 433 | + | (b) The shared facility may be built only: 5 | |
| 434 | + | ||
| 435 | + | (1) Outside an incorporated area of Dorchester County; and 6 | |
| 436 | + | ||
| 437 | + | (2) (i) Outside a service area; or 7 | |
| 438 | + | ||
| 439 | + | (ii) If inside a service area, to serve territory that the Sanitary 8 | |
| 440 | + | Commission determines is not feasible to serve with an existing project. 9 | |
| 441 | + | ||
| 442 | + | (c) The shared facility may not serve more than 14 single family residences or 10 | |
| 443 | + | their equivalent. 11 | |
| 444 | + | ||
| 445 | + | 9–675. 12 | |
| 446 | + | ||
| 447 | + | (a) The owners of property in territory that may be served by a shared facility 13 | |
| 448 | + | may file a written petition with the [Sanitary Commission] DORCHESTER COUNTY 14 | |
| 449 | + | COUNCIL that requests the [Sanitary Commission] DORCHESTER COUNTY COUNCIL: 15 | |
| 450 | + | ||
| 451 | + | (1) To build a shared facility; and 16 | |
| 452 | + | ||
| 453 | + | (2) To designate a shared facility area. 17 | |
| 454 | + | ||
| 455 | + | (b) The petition shall include: 18 | |
| 456 | + | ||
| 457 | + | (1) Plans for the proposed shared facility that will enable the [Sanitary 19 | |
| 458 | + | Commission] DORCHESTER COUNTY COUNCIL to determine the cost and feasibility of 20 | |
| 459 | + | the proposed shared facility; and 21 | |
| 460 | + | ||
| 461 | + | (2) A map of the proposed shared facility area. 22 | |
| 462 | + | ||
| 463 | + | (c) The petitioners shall provide, at their own expense, the map and plans 23 | |
| 464 | + | required by this section. 24 | |
| 465 | + | ||
| 466 | + | 9–676. 25 | |
| 467 | + | ||
| 468 | + | (a) Within 90 days from the date the complete petition is filed, the [Sanitary 26 | |
| 469 | + | Commission] DORCHESTER COUNTY COUNCIL shall decide on the petition. 27 | |
| 475 | 470 | HOUSE BILL 1161 11 | |
| 476 | 471 | ||
| 477 | 472 | ||
| 478 | - | (c) The petitioners shall provide, at their own expense, the map and plans 1 | |
| 479 | - | required by this section. 2 | |
| 473 | + | (b) In deciding on a petition, the [Sanitary Commission] DORCHESTER COUNTY 1 | |
| 474 | + | COUNCIL may designate a shared facility area if the [Sanitary Commission] 2 | |
| 475 | + | DORCHESTER COUNTY COUNCIL finds that: 3 | |
| 480 | 476 | ||
| 481 | - | 9–676. 3 | |
| 477 | + | (1) The proposed shared facility is necessary for the public health, safety, 4 | |
| 478 | + | and welfare of the residents of Dorchester County who would be affected by the proposed 5 | |
| 479 | + | shared facility; and 6 | |
| 482 | 480 | ||
| 483 | - | (a) Within 90 days from the date the complete petition is filed, the [Sanitary 4 | |
| 484 | - | Commission] DORCHESTER COUNTY COUNCIL shall decide on the petition. 5 | |
| 481 | + | (2) It is feasible: 7 | |
| 485 | 482 | ||
| 486 | - | (b) In deciding on a petition, the [Sanitary Commission] DORCHESTER COUNTY 6 | |
| 487 | - | COUNCIL may designate a shared facility area if the [Sanitary Commission] 7 | |
| 488 | - | DORCHESTER COUNTY COUNCIL finds that: 8 | |
| 483 | + | (i) To construct the proposed shared facility; and 8 | |
| 489 | 484 | ||
| 490 | - | (1) The proposed shared facility is necessary for the public health, safety, 9 | |
| 491 | - | and welfare of the residents of Dorchester County who would be affected by the proposed 10 | |
| 492 | - | shared facility; and 11 | |
| 485 | + | (ii) To establish the proposed shared facility area. 9 | |
| 493 | 486 | ||
| 494 | - | (2) It is feasible: 12 | |
| 487 | + | (c) (1) If the [Sanitary Commission] DORCHESTER COUNTY COUNCIL 10 | |
| 488 | + | denies the petition, the petitioners, within 30 days after the denial, may [appeal to] ASK 11 | |
| 489 | + | the Dorchester County [Commissioners] COUNCIL FOR RECONSIDERATION OF THE 12 | |
| 490 | + | PETITION. 13 | |
| 495 | 491 | ||
| 496 | - | ( | |
| 492 | + | (2) The Dorchester County [Commissioners] COUNCIL: 14 | |
| 497 | 493 | ||
| 498 | - | (ii) To establish the proposed shared facility area. 14 | |
| 494 | + | (i) Shall determine whether the proposed shared facility meets the 15 | |
| 495 | + | applicable standards of this section; and 16 | |
| 499 | 496 | ||
| 500 | - | (c) (1) If the [Sanitary Commission] DORCHESTER COUNTY COUNCIL 15 | |
| 501 | - | denies the petition, the petitioners, within 30 days after the denial, may [appeal to] ASK 16 | |
| 502 | - | the Dorchester County [Commissioners] COUNCIL FOR RECONSIDERATION OF THE 17 | |
| 503 | - | PETITION. 18 | |
| 497 | + | (ii) May affirm, modify, or reverse [the] A decision [of the Sanitary 17 | |
| 498 | + | Commission]. 18 | |
| 504 | 499 | ||
| 505 | - | (2) The Dorchester County [Commissioners] COUNCIL: 19 | |
| 500 | + | (d) When a petition is approved by the [Sanitary Commission or the] Dorchester 19 | |
| 501 | + | County [Commissioners] COUNCIL, the [Sanitary Commission] DORCHESTER COUNTY 20 | |
| 502 | + | COUNCIL shall: 21 | |
| 506 | 503 | ||
| 507 | - | (i) Shall determine whether the proposed shared facility meets the 20 | |
| 508 | - | applicable standards of this section; and 21 | |
| 504 | + | (1) Adopt a resolution that: 22 | |
| 509 | 505 | ||
| 510 | - | (ii) May affirm, modify, or reverse [the] A decision [of the Sanitary 22 | |
| 511 | - | Commission]. 23 | |
| 506 | + | (i) Provides for construction of the shared facility; and 23 | |
| 512 | 507 | ||
| 513 | - | (d) When a petition is approved by the [Sanitary Commission or the] Dorchester 24 | |
| 514 | - | County [Commissioners] COUNCIL, the [Sanitary Commission] DORCHESTER COUNTY 25 | |
| 515 | - | COUNCIL shall: 26 | |
| 508 | + | (ii) Designates the boundaries of the shared facility area; and 24 | |
| 516 | 509 | ||
| 517 | - | ( | |
| 510 | + | (2) File the resolution among the Dorchester County land records. 25 | |
| 518 | 511 | ||
| 519 | - | ||
| 512 | + | 9–677. 26 | |
| 520 | 513 | ||
| 521 | - | (ii) Designates the boundaries of the shared facility area; and 29 | |
| 514 | + | (a) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall propose 27 | |
| 515 | + | and, [with the approval of the Dorchester County Commissioners given] after a public 28 | |
| 516 | + | hearing, adopt rules and regulations to carry out the provisions of this subtitle that relate 29 | |
| 517 | + | to shared facilities. 30 | |
| 518 | + | 12 HOUSE BILL 1161 | |
| 522 | 519 | ||
| 523 | - | (2) File the resolution among the Dorchester County land records. 30 12 HOUSE BILL 1161 | |
| 520 | + | ||
| 521 | + | (b) These rules and regulations shall include provisions for: 1 | |
| 522 | + | ||
| 523 | + | (1) Classification of properties in the shared facilities area; and 2 | |
| 524 | + | ||
| 525 | + | (2) Levy of benefit assessments in accordance with this subtitle. 3 | |
| 526 | + | ||
| 527 | + | 9–678. 4 | |
| 528 | + | ||
| 529 | + | (a) The Dorchester County [Commissioners] COUNCIL may advance funds [to 5 | |
| 530 | + | the Dorchester County Sanitary District, Inc.,] to meet the organizational and preliminary 6 | |
| 531 | + | costs of establishing and constructing the shared facility. 7 | |
| 532 | + | ||
| 533 | + | (b) From the first revenues received from benefit assessments made for the 8 | |
| 534 | + | shared facility, the [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall repay 9 | |
| 535 | + | advances made under this section. 10 | |
| 536 | + | ||
| 537 | + | 9–679. 11 | |
| 538 | + | ||
| 539 | + | (a) In accordance with the rules and regulations that the Dorchester County 12 | |
| 540 | + | [Commissioners approve] COUNCIL APPROVES : 13 | |
| 541 | + | ||
| 542 | + | (1) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 14 | |
| 543 | + | make benefit assessments on the property in a shared facility area in an amount that is 15 | |
| 544 | + | enough to: 16 | |
| 545 | + | ||
| 546 | + | (i) Pay the principal and interest on each bond issued and any other 17 | |
| 547 | + | obligation incurred by the Sanitary Commission in constructing the shared facility; and 18 | |
| 548 | + | ||
| 549 | + | (ii) Pay any other costs incurred in building the shared facility; and 19 | |
| 550 | + | ||
| 551 | + | (2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL may 20 | |
| 552 | + | establish reasonable charges on each parcel in the shared facility area. 21 | |
| 553 | + | ||
| 554 | + | (b) (1) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 22 | |
| 555 | + | give to the owner of each parcel in the shared facility area written notice of: 23 | |
| 556 | + | ||
| 557 | + | (i) The class and subclass of the parcel; 24 | |
| 558 | + | ||
| 559 | + | (ii) The benefit assessment for the parcel; and 25 | |
| 560 | + | ||
| 561 | + | (iii) The time and place of the hearing to which the owner is entitled 26 | |
| 562 | + | under this section. 27 | |
| 563 | + | ||
| 564 | + | (2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 28 | |
| 565 | + | mail the notice to the owner at the last known address of the owner on the Dorchester 29 | |
| 566 | + | County tax assessment records. 30 HOUSE BILL 1161 13 | |
| 524 | 567 | ||
| 525 | 568 | ||
| 526 | 569 | ||
| 527 | - | 9–677. 1 | |
| 570 | + | (c) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall give 1 | |
| 571 | + | each property owner an opportunity for a hearing before the [Sanitary Commission] 2 | |
| 572 | + | DORCHESTER COUNTY COUNCIL. 3 | |
| 528 | 573 | ||
| 529 | - | (a) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall propose 2 | |
| 530 | - | and, [with the approval of the Dorchester County Commissioners given] after a public 3 | |
| 531 | - | hearing, adopt rules and regulations to carry out the provisions of this subtitle that relate 4 | |
| 532 | - | to shared facilities. 5 | |
| 574 | + | (d) After the hearing, the [Sanitary Commission] DORCHESTER COUNTY 4 | |
| 575 | + | COUNCIL may adjust the classification or benefit assessment as appropriate. 5 | |
| 533 | 576 | ||
| 534 | - | (b) These rules and regulations shall include provisions for: 6 | |
| 577 | + | (e) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall make 6 | |
| 578 | + | the levy of each benefit assessment the [Sanitary Commission] DORCHESTER COUNTY 7 | |
| 579 | + | COUNCIL determines under this section so that the levy is effective for the July 1 that 8 | |
| 580 | + | follows the first March 31 that occurs on or after the date: 9 | |
| 535 | 581 | ||
| 536 | - | (1) | |
| 582 | + | (1) Construction is completed on the shared facility; or 10 | |
| 537 | 583 | ||
| 538 | - | (2) | |
| 584 | + | (2) The shared facility is acquired. 11 | |
| 539 | 585 | ||
| 540 | - | 9–678. 9 | |
| 586 | + | (f) While unpaid, benefit assessments and other charges are a lien on the parcel 12 | |
| 587 | + | for which made. 13 | |
| 541 | 588 | ||
| 542 | - | (a) The Dorchester County [Commissioners] COUNCIL may advance funds [to 10 | |
| 543 | - | the Dorchester County Sanitary District, Inc.,] to meet the organizational and preliminary 11 | |
| 544 | - | costs of establishing and constructing the shared facility. 12 | |
| 589 | + | (g) The lien granted by this subsection is subordinate only to State taxes and 14 | |
| 590 | + | municipal taxes. 15 | |
| 545 | 591 | ||
| 546 | - | ( | |
| 547 | - | ||
| 548 | - | ||
| 592 | + | (h) (1) As to each lien that arises against a parcel in the shared facility area, 16 | |
| 593 | + | the [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall keep a public record 17 | |
| 594 | + | that: 18 | |
| 549 | 595 | ||
| 550 | - | ||
| 596 | + | (i) Identifies the owners of the parcel; 19 | |
| 551 | 597 | ||
| 552 | - | ( | |
| 553 | - | ||
| 598 | + | (ii) Describes the parcel and gives any lot number of record that 20 | |
| 599 | + | applies to the parcel; and 21 | |
| 554 | 600 | ||
| 555 | - | (1) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 19 | |
| 556 | - | make benefit assessments on the property in a shared facility area in an amount that is 20 | |
| 557 | - | enough to: 21 | |
| 601 | + | (iii) Shows the amount of the lien. 22 | |
| 558 | 602 | ||
| 559 | - | (i) Pay the principal and interest on each bond issued and any other 22 | |
| 560 | - | obligation incurred by the Sanitary Commission in constructing the shared facility; and 23 | |
| 603 | + | (2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 23 | |
| 604 | + | file the record of liens with the Clerk of the Circuit Court for Dorchester County, for filing 24 | |
| 605 | + | among the land records for Dorchester County. 25 | |
| 561 | 606 | ||
| 562 | - | (ii) Pay any other costs incurred in building the shared facility; and 24 | |
| 607 | + | (3) The record of liens shall be legal notice of all existing liens in the shared 26 | |
| 608 | + | facility area. 27 | |
| 563 | 609 | ||
| 564 | - | (2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL may 25 | |
| 565 | - | establish reasonable charges on each parcel in the shared facility area. 26 | |
| 566 | - | ||
| 567 | - | (b) (1) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 27 | |
| 568 | - | give to the owner of each parcel in the shared facility area written notice of: 28 | |
| 569 | - | ||
| 570 | - | (i) The class and subclass of the parcel; 29 | |
| 571 | - | HOUSE BILL 1161 13 | |
| 572 | - | ||
| 573 | - | ||
| 574 | - | (ii) The benefit assessment for the parcel; and 1 | |
| 575 | - | ||
| 576 | - | (iii) The time and place of the hearing to which the owner is entitled 2 | |
| 577 | - | under this section. 3 | |
| 578 | - | ||
| 579 | - | (2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 4 | |
| 580 | - | mail the notice to the owner at the last known address of the owner on the Dorchester 5 | |
| 581 | - | County tax assessment records. 6 | |
| 582 | - | ||
| 583 | - | (c) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall give 7 | |
| 584 | - | each property owner an opportunity for a hearing before the [Sanitary Commission] 8 | |
| 585 | - | DORCHESTER COUNTY COUNCIL. 9 | |
| 586 | - | ||
| 587 | - | (d) After the hearing, the [Sanitary Commission] DORCHESTER COUNTY 10 | |
| 588 | - | COUNCIL may adjust the classification or benefit assessment as appropriate. 11 | |
| 589 | - | ||
| 590 | - | (e) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall make 12 | |
| 591 | - | the levy of each benefit assessment the [Sanitary Commission] DORCHESTER COUNTY 13 | |
| 592 | - | COUNCIL determines under this section so that the levy is effective for the July 1 that 14 | |
| 593 | - | follows the first March 31 that occurs on or after the date: 15 | |
| 594 | - | ||
| 595 | - | (1) Construction is completed on the shared facility; or 16 | |
| 596 | - | ||
| 597 | - | (2) The shared facility is acquired. 17 | |
| 598 | - | ||
| 599 | - | (f) While unpaid, benefit assessments and other charges are a lien on the parcel 18 | |
| 600 | - | for which made. 19 | |
| 601 | - | ||
| 602 | - | (g) The lien granted by this subsection is subordinate only to State taxes and 20 | |
| 603 | - | municipal taxes. 21 | |
| 604 | - | ||
| 605 | - | (h) (1) As to each lien that arises against a parcel in the shared facility area, 22 | |
| 606 | - | the [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall keep a public record 23 | |
| 607 | - | that: 24 | |
| 608 | - | ||
| 609 | - | (i) Identifies the owners of the parcel; 25 | |
| 610 | - | ||
| 611 | - | (ii) Describes the parcel and gives any lot number of record that 26 | |
| 612 | - | applies to the parcel; and 27 | |
| 613 | - | ||
| 614 | - | (iii) Shows the amount of the lien. 28 | |
| 615 | - | ||
| 616 | - | (2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 29 | |
| 617 | - | file the record of liens with the Clerk of the Circuit Court for Dorchester County, for filing 30 | |
| 618 | - | among the land records for Dorchester County. 31 | |
| 610 | + | (i) (1) To enforce the collection of unpaid benefit assessments or other charges 28 | |
| 611 | + | that are at least 60 days overdue, the [Sanitary Commission] DORCHESTER COUNTY 29 | |
| 612 | + | COUNCIL, at any time, may: 30 | |
| 619 | 613 | 14 HOUSE BILL 1161 | |
| 620 | 614 | ||
| 621 | 615 | ||
| 622 | - | ( | |
| 623 | - | ||
| 616 | + | (i) Sue any person who was an owner of record of the parcel at any 1 | |
| 617 | + | time since the benefit assessment was last paid; or 2 | |
| 624 | 618 | ||
| 625 | - | ( | |
| 626 | - | ||
| 627 | - | ||
| 619 | + | (ii) File a bill in equity to enforce a lien through a decree of sale of 3 | |
| 620 | + | property against any person who was an owner of record of the parcel at any time since the 4 | |
| 621 | + | benefit assessment was last paid. 5 | |
| 628 | 622 | ||
| 629 | - | ( | |
| 630 | - | ||
| 623 | + | (2) When recorded, the lien shall be legal notice to any person who has any 6 | |
| 624 | + | interest in a parcel. 7 | |
| 631 | 625 | ||
| 632 | - | (ii) File a bill in equity to enforce a lien through a decree of sale of 8 | |
| 633 | - | property against any person who was an owner of record of the parcel at any time since the 9 | |
| 634 | - | benefit assessment was last paid. 10 | |
| 626 | + | 9–1605.2. 8 | |
| 635 | 627 | ||
| 636 | - | (2) When recorded, the lien shall be legal notice to any person who has any 11 | |
| 637 | - | interest in a parcel. 12 | |
| 628 | + | (d) (1) Subject to the approval of the Administration, a local government or a 9 | |
| 629 | + | billing authority for a water or wastewater facility shall establish a program to exempt 10 | |
| 630 | + | from the requirements of this section a residential dwelling able to demonstrate substantial 11 | |
| 631 | + | financial hardship as a result of the restoration fee. 12 | |
| 638 | 632 | ||
| 639 | - | 9–1605.2. 13 | |
| 633 | + | (2) (i) Except as provided in subparagraph (ii) of this paragraph, the 13 | |
| 634 | + | Bay Restoration Fee shall be collected by the local government or the billing authority for 14 | |
| 635 | + | the water or wastewater facility, as appropriate, on behalf of the State. 15 | |
| 640 | 636 | ||
| 641 | - | (d) (1) Subject to the approval of the Administration, a local government or a 14 | |
| 642 | - | billing authority for a water or wastewater facility shall establish a program to exempt 15 | |
| 643 | - | from the requirements of this section a residential dwelling able to demonstrate substantial 16 | |
| 644 | - | financial hardship as a result of the restoration fee. 17 | |
| 637 | + | (ii) For a wastewater facility without a billing authority, the 16 | |
| 638 | + | Comptroller may collect the restoration fee from the facility owner. 17 | |
| 645 | 639 | ||
| 646 | - | (2) (i) Except as provided in subparagraph (ii) of this paragraph, the 18 | |
| 647 | - | Bay Restoration Fee shall be collected by the local government or the billing authority for 19 | |
| 648 | - | the water or wastewater facility, as appropriate, on behalf of the State. 20 | |
| 640 | + | (3) A local government, billing authority for a water or wastewater facility, 18 | |
| 641 | + | or any other authorized collecting agency: 19 | |
| 649 | 642 | ||
| 650 | - | (ii) For a wastewater facility without a billing authority, the 21 | |
| 651 | - | Comptroller may collect the restoration fee from the facility owner. 22 | |
| 643 | + | (i) May use all of its existing procedures and authority for collecting 20 | |
| 644 | + | a water or sewer bill, an on–site sewage disposal system bill, or a holding tank bill in order 21 | |
| 645 | + | to enforce the collection of the Bay Restoration Fee; and 22 | |
| 652 | 646 | ||
| 653 | - | ( | |
| 654 | - | ||
| 647 | + | (ii) Shall establish a segregated account for the deposit of funds 23 | |
| 648 | + | collected under this section. 24 | |
| 655 | 649 | ||
| 656 | - | (i) May use all of its existing procedures and authority for collecting 25 | |
| 657 | - | a water or sewer bill, an on–site sewage disposal system bill, or a holding tank bill in order 26 | |
| 658 | - | to enforce the collection of the Bay Restoration Fee; and 27 | |
| 650 | + | (4) (i) This paragraph applies only in Dorchester County. 25 | |
| 659 | 651 | ||
| 660 | - | (ii) Shall | |
| 661 | - | ||
| 652 | + | (ii) An unpaid Bay Restoration Fee shall be a lien against the 26 | |
| 653 | + | property served by a wastewater facility, on–site sewage disposal system, or holding tank. 27 | |
| 662 | 654 | ||
| 663 | - | (4) (i) This paragraph applies only in Dorchester County. 30 | |
| 655 | + | (iii) A notice of lien shall be recorded in the land records of Dorchester 28 | |
| 656 | + | County. 29 | |
| 664 | 657 | ||
| 665 | - | ( | |
| 666 | - | ||
| 658 | + | (iv) The County Council may collect the Bay Restoration Fee [on 30 | |
| 659 | + | behalf of the Dorchester County Sanitary District]. 31 | |
| 667 | 660 | HOUSE BILL 1161 15 | |
| 668 | 661 | ||
| 669 | 662 | ||
| 670 | - | (iii) A notice of lien shall be recorded in the land records of Dorchester 1 | |
| 671 | - | County. 2 | |
| 663 | + | (5) (i) In Caroline County, an unpaid Bay Restoration Fee shall be a 1 | |
| 664 | + | lien against the property served by a wastewater facility, on–site sewage disposal system, 2 | |
| 665 | + | or holding tank. 3 | |
| 672 | 666 | ||
| 673 | - | ( | |
| 674 | - | ||
| 667 | + | (ii) A notice of lien shall be recorded in the land records of Caroline 4 | |
| 668 | + | County. 5 | |
| 675 | 669 | ||
| 676 | - | (5) (i) In Caroline County, an unpaid Bay Restoration Fee shall be a 5 | |
| 677 | - | lien against the property served by a wastewater facility, on–site sewage disposal system, 6 | |
| 678 | - | or holding tank. 7 | |
| 670 | + | Article – Local Government 6 | |
| 679 | 671 | ||
| 680 | - | (ii) A notice of lien shall be recorded in the land records of Caroline 8 | |
| 681 | - | County. 9 | |
| 672 | + | [12–104. 7 | |
| 682 | 673 | ||
| 683 | - | Article – Local Government 10 | |
| 674 | + | In Dorchester County, the governing body may include in the merit system of the 8 | |
| 675 | + | county the employees of the Dorchester County Sanitary District.] 9 | |
| 684 | 676 | ||
| 685 | - | [12–104. 11 | |
| 686 | - | ||
| 687 | - | In Dorchester County, the governing body may include in the merit system of the 12 | |
| 688 | - | county the employees of the Dorchester County Sanitary District.] 13 | |
| 689 | - | ||
| 690 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 | |
| 691 | - | October July 1, 2024. 15 | |
| 692 | - | ||
| 693 | - | ||
| 694 | - | ||
| 695 | - | ||
| 696 | - | Approved: | |
| 697 | - | ________________________________________________________________________________ | |
| 698 | - | Governor. | |
| 699 | - | ________________________________________________________________________________ | |
| 700 | - | Speaker of the House of Delegates. | |
| 701 | - | ________________________________________________________________________________ | |
| 702 | - | President of the Senate. | |
| 677 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10 | |
| 678 | + | October 1, 2024. 11 |