EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 8, 2024
CHAPTER ______
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 2 HOUSE BILL 1161
Section 9–649(a) and (b), 9–658(a) and (b), 9–672, and 9–673 1
Annotated Code of Maryland 2
(2014 Replacement Volume and 2023 Supplement) 3
BY repealing 4
Article – Local Government 5
Section 12–104 6
Annotated Code of Maryland 7
(2013 Volume and 2023 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Environment 11
9–622. 12
(a) (1) The sanitary commission of each single county district consists of the 13
following numbers of sanitary commissioners, each appointed by the governing body of the 14
member county: 15
(i) Allegany County – 7; 16
(ii) [Dorchester County – 6; 17
(iii)] Somerset County, except as provided in paragraph (2) of this 18
subsection – 5; 19
[(iv)] (III) Worcester County – 5; and 20
[(v)] (IV) Other counties – 3. 21
(c) (1) The term of a sanitary commissioner in a single county district is as 22
follows: 23
(i) [In Dorchester County, 6 years expiring on July 1 of the 24
appropriate year. 25
(ii)] In Allegany County, 6 years expiring on June 1 of the appropriate 26
year. 27
[(iii)] (II) In Somerset County, 6 years expiring, as required by the 28
terms of the sanitary commissioners on July 1, 1982, on June 1 or January 1 of the 29
appropriate year. 30
HOUSE BILL 1161 3
[(iv)] (III) In any other county, 6 years expiring on January 1 of the 1
appropriate year. 2
9–629.1. 3
(A) IN THIS SECTION, “DEPARTMENT ” MEANS A DEPARTMENT O F PUBLIC 4
FACILITIES AND SERVI CES. 5
(B) THIS SECTION APPLIES ONLY TO DORCHESTER COUNTY. 6
(C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE COUNTY 7
COUNCIL MAY EX ERCISE A POWER UNDER THIS SECTION. 8
(D) THE COUNTY COUNCIL , BY PUBLIC LOCAL LAW , MAY: 9
(1) ESTABLISH A DEPARTMEN T OF PUBLIC FACILITI ES AND 10
SERVICES; AND 11
(2) PROVIDE FOR THE ORGAN IZATION AND FUNCTION S OF THE 12
DEPARTMENT . 13
(E) THE COUNTY COUNCIL MA Y ASSIGN TO A DEPARTME NT: 14
(1) RESPONSIBILITY FOR CO NSTRUCTION, MAINTENANCE , REPAIR, 15
SERVICE, AND MANAGEMENT OF : 16
(I) PUBLIC WORKS, PUBLIC BUILDINGS , PUBLICLY OWNED AND 17
PRIVATE WATER AND SE WERAGE FACILITIES AN D PROJECTS , AND CAPITAL 18
PROJECTS; 19
(II) WATER SUPPLY FACILITI ES AND PROJECTS ; 20
(III) WASTEWATER COLLECTION , TREATMENT , AND DISPOSAL 21
FACILITIES AND PROJE CTS; 22
(IV) SOLID WASTE COLLECTIO N, RECYCLING, AND DISPOSAL 23
FACILITIES AND PROJE CTS; 24
(V) STORM DRAINAGE , EROSION, AND SEDIMENT CONTROL 25
FACILITIES AND PROJEC TS; 26
(VI) LIGHTING FOR ROADS , HIGHWAYS, ALLEYS, AND OTHER 27
PUBLIC PLACES ; OR 28
(VII) MOSQUITO CONTROL FACI LITIES AND PROGRAMS ; AND 29 4 HOUSE BILL 1161
(2) ANY OTHER FUNCTION OR DUTY THAT IS NOT INC ONSISTENT WITH 1
THIS SECTION. 2
(F) (1) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION , IF 3
THE COUNTY COUNCIL A SSIGNS TO A DEPARTME NT THE RESPONSIBILIT Y FOR 4
WATER AND SEWERAGE F UNCTIONS, THE COUNTY COUNCIL S HALL ABOLISH BY 5
PUBLIC LOCAL LAW : 6
(I) ANY SANITARY DISTRICT OR COMMISSION ESTABL ISHED 7
FOR THE COUNTY UNDER THI S SUBTITLE; AND 8
(II) ANY WATER OR SEWER AU THORITY ESTABLISHED FOR THE 9
COUNTY UNDER SUBTITLE 9 OF THIS TITLE. 10
(2) BEFORE ABOLISHING A W ATER OR SEWER AUTHOR ITY OR 11
SANITARY DISTRICT OR COMMISSION, THE COUNTY COUNCIL M AY REQUEST THAT 12
THE ENTITY PROVIDE T O THE COUNTY APPROPR IATE INFORMATION TO ASSIST THE 13
COUNTY COUNCIL IN CO MPLYING WITH PARAGRA PH (3) OF THIS SUBSECTION . 14
(3) THE PUBLIC LOCAL LAW SHALL PROVIDE : 15
(I) FOR THE RETIRING , REFUNDING, REFINANCING , 16
TRANSFER, OR ASSUMPTION OF ANY APPLICABLE OU TSTANDING BONDS OF T HE 17
ABOLISHED ENTITY ; 18
(II) FOR THE ASSUMPTION OF ALL EXISTING ASSETS AND 19
LIABILITIES OF THE A BOLISHED ENTITY BY T HE COUNTY, SUBJECT TO AN AUDIT OF 20
THE ASSETS AND LIABI LITIES BY A CERTIFIE D PUBLIC ACCOUNTANT ; 21
(III) FOR THE TRANSFER OF A LL REAL AND PERSONAL 22
PROPERTY OF THE ABOL ISHED ENTITY TO THE COUNTY; 23
(IV) FOR THE TRANSFER OF R ESPONSIBILITY AND 24
ADMINISTRATION OF AN Y LEGALLY ENFORCEABL E AGREEMENT BETWEEN THE 25
ABOLISHED ENTITY AND ANOTHER PARTY TO THE COUNTY; 26
(V) FOR THE CONTINUED EFF ECT OF ORDERS , RULES, AND 27
REGULATIONS OF THE A BOLISHED ENTITY , UNTIL REVOKED OR MOD IFIED BY THE 28
COUNTY COUNCIL ; 29
(VI) THAT ANY REVENUES OF AN ABOLISHED ENTITY REMAIN 30
DEDICATED FOR THE PU RPOSE COLLECTED AND ARE NOT TRANSFERR ED INTO THE 31
COUNTY’S GENERAL FUND ; AND 32 HOUSE BILL 1161 5
(VII) THAT ALL MATTERS PEND ING BEFORE THE ABOLI SHED 1
ENTITY MAY CONTINUE AND SHALL BE COMPLET ED BY THE DEPARTMENT . 2
(4) (I) ANY SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 3
ANY EMPLOYEE OF A WATER OR SEWER AUTHORITY OR OF A SA NITARY DISTRICT OR 4
COMMISSION EMPLOYED ON THE DATE THAT THE AUTHORITY, DISTRICT, OR 5
COMMISSION IS ABOLIS HED WHO TRANSFERS TO THE DEPARTMENT OR TO A 6
MUNICIPALITY OR LOCA L COMMUNITY SHALL TR ANSFER WITHOUT ANY L OSS OF 7
SALARY, RETIREMENT BE NEFITS, INSURANCE BENEFITS , LEAVE TIME, SENIORITY 8
LEVEL, OR OTHER EMPLOYEE BE NEFITS. 9
(II) ANY EMPLOYEE DESCRIBE D IN SUBPARAGRAPH (I) OF THIS 10
PARAGRAPH MAY CONTIN UE TO PARTICIPATE AS A MEMBER OF THE STATE 11
EMPLOYEES’ PENSION SYSTEM ONLY IF THE EM PLOYEE IS EMPLOYED IN AN 12
ELIGIBLE POSITION WI TH A PARTICIPATING E MPLOYER AS DEFINED U NDER § 13
20–101 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 14
(G) (1) IF THE COUNTY COUNCIL ABOLISHES A WATER OR SEWER 15
AUTHORITY OR SANITAR Y DISTRICT OR COMMIS SION, THE COUNTY CO UNCIL SHALL 16
EXERCISE THE POWERS OF A WATER OR SEWER AUTHORITY OR SANITAR Y DISTRICT 17
OR COMMISSION . 18
(2) THE COUNTY COUNCIL MA Y: 19
(I) ADOPT REGULATIONS FOR WATER AND SEWERAGE 20
MANAGEMENT ; 21
(II) ACQUIRE, CONSTRUCT, OPERATE, OR MAINTAIN WATER 22
AND SEWERAGE SYSTEMS AS THE COUNTY COUNCIL C ONSIDERS TO BE IN TH E 23
PUBLIC INTEREST AND NECESSARY TO PROTECT THE GENERAL HEALTH A ND 24
WELFARE; AND 25
(III) SET RATES, FEES, AND ASSESSMENTS FOR WATER AND 26
SEWERAGE SERVICES AN D BENEFITS. 27
9–649. 28
(a) This section does not authorize the creation of a service area that includes 29
territory in another service area. 30
(b) If the required number of property owners sign a petition that requests the 31
creation of a service area in a district, the sanitary commission shall review the petition. 32
(c) The required number of petitioning property owners is[: 33 6 HOUSE BILL 1161
(1) In Dorchester County, the lesser of: 1
(i) 25 percent of the property owners in the proposed service area; 2
or 3
(ii) 25 property owners in the proposed service area; and 4
(2) In], IN any [other] member county, WITH THE EXCEPTION O F 5
DORCHESTER COUNTY, 25 property owners in the proposed service area. 6
9–656. 7
(a) (1) To pay the principal and interest on bonds issued under this subtitle, a 8
sanitary commission may set reasonable benefit assessments and reasonable connection 9
charges. 10
(2) In Allegany County, a sanitary commission may also set reasonable 11
benefit assessments to pay the cost of capital improvements to a water or sewerage system. 12
(3) The Sanitary Commission of Worcester County may also set reasonable 13
benefit assessments and reasonable connection charges to pay other costs on bonds issued 14
under this subtitle. 15
(4) In Dorchester County, [a sanitary commission] THE COUNTY 16
COUNCIL may also set reasonable benefit assessments to pay the cost of capital 17
improvements and repairs to a water or sewerage system. 18
9–657. 19
(i) (1) In this subsection “Bonnie Brook Service Area” includes the Bonnie 20
Brook Sanitary District. 21
(2) In the Bonnie Brook Service Are a, in order to make capital 22
improvements and repairs or to establish a reserve for capital improvements and repairs, 23
the Dorchester County [Sanitary Commission] COUNCIL may make a uniform assessment 24
on each lot that abuts on a way in which a water main is laid. 25
(3) An assessment under this subsection is in addition to any charges made 26
under § 9–662 of this subtitle. 27
(4) An assessment under this section shall be based on a flat fee for each 28
lot under uniform rules and regulations approved by the Dorche ster County 29
[Commissioners] COUNCIL. 30
HOUSE BILL 1161 7
(j) (1) In this subsection, “service area number 1” includes sanitary district 1
number one. 2
(2) In service area number 1, the Dorchester County [Sanitary 3
Commission] COUNCIL shall impose, on each parcel that abuts any way in which a sewer 4
is built, a benefit assessment of at least $50. 5
9–658. 6
(a) When the sanitary commission has determined a benefit assessment, and 7
except as otherwise provided in this section, the sanitary commission shall levy a benefit 8
assessment, so that the levy will be effective on the July 1 that next follows the first March 9
31 that occurs on or before which the construction is completed on the project for which the 10
benefit assessment is made. 11
(b) (1) The Allegany County Sanitary Commission may make the levy of a 12
benefit assessment effective on the date on which the construction is completed on the 13
project for which the benefit assessment is made. 14
(2) If the Allegany County Sanitary Commission makes a levy on the date 15
on which the construction is completed, it shall prorate the levy on the basis of the benefit 16
assessment for an entire year and the time remaining until July 1. 17
(c) (1) The Dorchester County [Sanitary Commission] COUNCIL may make 18
the levy of a benefit assessment effective on the date on which: 19
(i) The construction is substantially completed; or 20
(ii) The system is in use for the project for which the benefit 21
assessment is made. 22
(2) If the Dorchester County [Sanitary Commission] COUNCIL makes a 23
levy on the date on which the construction is substantially completed or when the system 24
is in use, it shall prorate the levy on the basis of the benefit assessment for an entire year 25
and the time remaining until July 1. 26
(g) (1) To enforce the collection of unpaid benefit assessments or other charges 27
that are at least 60 days overdue, the sanitary commission, at any time, may: 28
(i) Sue any person who was an owner of record of the parcel at any 29
time since the benefit assessment was last paid; or 30
(ii) File a bill in equity to enforce a lien through a decree of sale of 31
property against any person who was an owner of record of the parcel at any time since the 32
benefit assessment was last paid. 33
8 HOUSE BILL 1161
(2) In addition to the actions that the sanitary commission may take under 1
paragraph (1) of this subsection, [in Allegany County, Dorchester County, Garrett County, 2
and Somerset County, the sanitary commission] THE ENTITIES THAT may disconnect the 3
service INCLUDE: 4
(I) THE DORCHESTER COUNTY COUNCIL; 5
(II) THE SANITARY COMMISSI ON IN ALLEGANY COUNTY; 6
(III) THE SANITARY COMMISSI ON OF GARRETT COUNTY; AND 7
(IV) THE SANITARY COMMISSI ON IN SOMERSET COUNTY. 8
(3) When recorded, the lien is legal notice to any person who has any 9
interest in a parcel. 10
(i) (1) In addition to any remedy under subsection (g) of this section, [in 11
Allegany County, Dorchester County, and Somerset County, the sanitary commission] THE 12
ENTITIES THAT may request the county tax collector to conduct a sale of real property to 13
enforce a lien representing any unpaid benefit assessment or other charges under this 14
subtitle at a county tax sale in accordance with the same procedures governing the sale of 15
property for delinquent property taxes INCLUDE: 16
(I) THE DORCHESTER COUNTY COUNCIL; 17
(II) THE SANITARY COMMISSI ON IN ALLEGANY COUNTY; AND 18
(III) THE SANITARY COMMISSI ON IN SOMERSET COUNTY. 19
(2) In Allegany County, the tax collector in Allegany County may conduct 20
a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of this 21
subsection. 22
(3) In Dorchester County, the tax collector in Dorchester County may 23
conduct a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of 24
this subsection. 25
(4) In Somerset County, the tax collector in Somerset County may conduct 26
a county tax sale for the purpose of enforcing a lien as specified in paragraph (1) of this 27
subsection. 28
9–662. 29
(n) (1) This subsection applies only in Dorchester County and Somerset 30
County. 31
HOUSE BILL 1161 9
(2) Notwithstanding any other provisions of law: 1
(i) A district IN SOMERSET COUNTY OR THE DORCHESTER 2
COUNTY COUNCIL may charge an owner of a parcel serviced by or connected to a project 3
that the district operates a late fee for any unpaid usage charge that is based on the use of 4
the project by the owner of the parcel; 5
(ii) A sanitary commission IN SOMERSET COUNTY OR THE 6
DORCHESTER COUNTY COUNCIL may require, before reconnecting water service, 7
payment of any applicable late fees in addition to any other charge authorized by this 8
section; and 9
(iii) A charge that is in default shall accrue interest from the date of 10
default at a rate set by the sanitary commission IN SOMERSET COUNTY OR BY THE 11
DORCHESTER COUNTY COUNCIL. 12
9–666.1. 13
(a) The provisions of this section are applicable in Dorchester County. 14
(b) On the request of property owners whose property is not in a service area and 15
is not in an area that is contiguous to a service area, the [sanitary commission] THE 16
COUNTY COUNCIL may: 17
(1) Extend a project to include the properties that are the subject of the 18
request; or 19
(2) Provide other services to the properties. 20
(c) The [sanitary commission] COUNTY COUNCIL may require that the property 21
owners agree to the terms and conditions authorized under § 9–666(b) of this subtitle. 22
(d) Property covered under this section and owners of property covered under this 23
section shall be subject to the provisions of § 9–658(d) through (g), inclusive. 24
9–672. 25
(a) In Part VII of this subtitle the following words have the meanings indicated. 26
(b) “Shared facility” means a water system or sewerage system that serves: 27
(1) More than 1 lot; 28
(2) More than 1 single family residence or its equivalent; or 29
(3) A series of water systems or sewerage systems that each serve 1 lot. 30 10 HOUSE BILL 1161
(c) “Shared facility area” means the territory served by a shared facility. 1
9–673. 2
Part VII of this subtitle applies only to Dorchester County. 3
9–674. 4
(a) The Dorchester County [Sanitary District, Inc.,] COUNCIL may: 5
(1) Construct, buy, own, hold, lease, repair, maintain, improve, and operate 6
a shared facility; and 7
(2) Contract with any person, any agency of the federal government or this 8
State, or any municipality for services that relate to the facility. 9
(b) The shared facility may be built only: 10
(1) Outside an incorporated area of Dorchester County; and 11
(2) (i) Outside a service area; or 12
(ii) If inside a service area, to serve territory that the Sanitary 13
Commission determines is not feasible to serve with an existing project. 14
(c) The shared facility may not serve more than 14 single family residences or 15
their equivalent. 16
9–675. 17
(a) The owners of property in territory that may be served by a shared facility 18
may file a written petition with the [Sanitary Commission] DORCHESTER COUNTY 19
COUNCIL that requests the [Sanitary Commission] DORCHESTER COUNTY COUNCIL: 20
(1) To build a shared facility; and 21
(2) To designate a shared facility area. 22
(b) The petition shall include: 23
(1) Plans for the proposed shared facility that will enable the [Sanitary 24
Commission] DORCHESTER COUNTY COUNCIL to determine the cost and feasibility of 25
the proposed shared facility; and 26
(2) A map of the proposed shared facility area. 27
HOUSE BILL 1161 11
(c) The petitioners shall provide, at their own expense, the map and plans 1
required by this section. 2
9–676. 3
(a) Within 90 days from the date the complete petition is filed, the [Sanitary 4
Commission] DORCHESTER COUNTY COUNCIL shall decide on the petition. 5
(b) In deciding on a petition, the [Sanitary Commission] DORCHESTER COUNTY 6
COUNCIL may designate a shared facility area if the [Sanitary Commission] 7
DORCHESTER COUNTY COUNCIL finds that: 8
(1) The proposed shared facility is necessary for the public health, safety, 9
and welfare of the residents of Dorchester County who would be affected by the proposed 10
shared facility; and 11
(2) It is feasible: 12
(i) To construct the proposed shared facility; and 13
(ii) To establish the proposed shared facility area. 14
(c) (1) If the [Sanitary Commission] DORCHESTER COUNTY COUNCIL 15
denies the petition, the petitioners, within 30 days after the denial, may [appeal to] ASK 16
the Dorchester County [Commissioners] COUNCIL FOR RECONSIDERATION OF THE 17
PETITION. 18
(2) The Dorchester County [Commissioners] COUNCIL: 19
(i) Shall determine whether the proposed shared facility meets the 20
applicable standards of this section; and 21
(ii) May affirm, modify, or reverse [the] A decision [of the Sanitary 22
Commission]. 23
(d) When a petition is approved by the [Sanitary Commission or the] Dorchester 24
County [Commissioners] COUNCIL, the [Sanitary Commission] DORCHESTER COUNTY 25
COUNCIL shall: 26
(1) Adopt a resolution that: 27
(i) Provides for construction of the shared facility; and 28
(ii) Designates the boundaries of the shared facility area; and 29
(2) File the resolution among the Dorchester County land records. 30 12 HOUSE BILL 1161
9–677. 1
(a) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall propose 2
and, [with the approval of the Dorchester County Commissioners given] after a public 3
hearing, adopt rules and regulations to carry out the provisions of this subtitle that relate 4
to shared facilities. 5
(b) These rules and regulations shall include provisions for: 6
(1) Classification of properties in the shared facilities area; and 7
(2) Levy of benefit assessments in accordance with this subtitle. 8
9–678. 9
(a) The Dorchester County [Commissioners] COUNCIL may advance funds [to 10
the Dorchester County Sanitary District, Inc.,] to meet the organizational and preliminary 11
costs of establishing and constructing the shared facility. 12
(b) From the first revenues received from benefit assessments made for the 13
shared facility, the [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall repay 14
advances made under this section. 15
9–679. 16
(a) In accordance with the rules and regulations that the Dorchester County 17
[Commissioners approve] COUNCIL APPROVES : 18
(1) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 19
make benefit assessments on the property in a shared facility area in an amount that is 20
enough to: 21
(i) Pay the principal and interest on each bond issued and any other 22
obligation incurred by the Sanitary Commission in constructing the shared facility; and 23
(ii) Pay any other costs incurred in building the shared facility; and 24
(2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL may 25
establish reasonable charges on each parcel in the shared facility area. 26
(b) (1) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 27
give to the owner of each parcel in the shared facility area written notice of: 28
(i) The class and subclass of the parcel; 29
HOUSE BILL 1161 13
(ii) The benefit assessment for the parcel; and 1
(iii) The time and place of the hearing to which the owner is entitled 2
under this section. 3
(2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 4
mail the notice to the owner at the last known address of the owner on the Dorchester 5
County tax assessment records. 6
(c) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall give 7
each property owner an opportunity for a hearing before the [Sanitary Commission] 8
DORCHESTER COUNTY COUNCIL. 9
(d) After the hearing, the [Sanitary Commission] DORCHESTER COUNTY 10
COUNCIL may adjust the classification or benefit assessment as appropriate. 11
(e) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall make 12
the levy of each benefit assessment the [Sanitary Commission] DORCHESTER COUNTY 13
COUNCIL determines under this section so that the levy is effective for the July 1 that 14
follows the first March 31 that occurs on or after the date: 15
(1) Construction is completed on the shared facility; or 16
(2) The shared facility is acquired. 17
(f) While unpaid, benefit assessments and other charges are a lien on the parcel 18
for which made. 19
(g) The lien granted by this subsection is subordinate only to State taxes and 20
municipal taxes. 21
(h) (1) As to each lien that arises against a parcel in the shared facility area, 22
the [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall keep a public record 23
that: 24
(i) Identifies the owners of the parcel; 25
(ii) Describes the parcel and gives any lot number of record that 26
applies to the parcel; and 27
(iii) Shows the amount of the lien. 28
(2) The [Sanitary Commission] DORCHESTER COUNTY COUNCIL shall 29
file the record of liens with the Clerk of the Circuit Court for Dorchester County, for filing 30
among the land records for Dorchester County. 31
14 HOUSE BILL 1161
(3) The record of liens shall be legal notice of all existing liens in the shared 1
facility area. 2
(i) (1) To enforce the collection of unpaid benefit assessments or other charges 3
that are at least 60 days overdue, the [Sanitary Commission] DORCHESTER COUNTY 4
COUNCIL, at any time, may: 5
(i) Sue any person who was an owner of record of the parcel at any 6
time since the benefit assessment was last paid; or 7
(ii) File a bill in equity to enforce a lien through a decree of sale of 8
property against any person who was an owner of record of the parcel at any time since the 9
benefit assessment was last paid. 10
(2) When recorded, the lien shall be legal notice to any person who has any 11
interest in a parcel. 12
9–1605.2. 13
(d) (1) Subject to the approval of the Administration, a local government or a 14
billing authority for a water or wastewater facility shall establish a program to exempt 15
from the requirements of this section a residential dwelling able to demonstrate substantial 16
financial hardship as a result of the restoration fee. 17
(2) (i) Except as provided in subparagraph (ii) of this paragraph, the 18
Bay Restoration Fee shall be collected by the local government or the billing authority for 19
the water or wastewater facility, as appropriate, on behalf of the State. 20
(ii) For a wastewater facility without a billing authority, the 21
Comptroller may collect the restoration fee from the facility owner. 22
(3) A local government, billing authority for a water or wastewater facility, 23
or any other authorized collecting agency: 24
(i) May use all of its existing procedures and authority for collecting 25
a water or sewer bill, an on–site sewage disposal system bill, or a holding tank bill in order 26
to enforce the collection of the Bay Restoration Fee; and 27
(ii) Shall establish a segregated account for the deposit of funds 28
collected under this section. 29
(4) (i) This paragraph applies only in Dorchester County. 30
(ii) An unpaid Bay Restoration Fee shall be a lien against the 31
property served by a wastewater facility, on–site sewage disposal system, or holding tank. 32
HOUSE BILL 1161 15
(iii) A notice of lien shall be recorded in the land records of Dorchester 1
County. 2
(iv) The County Council may collect the Bay Restoration Fee [on 3
behalf of the Dorchester County Sanitary District]. 4
(5) (i) In Caroline County, an unpaid Bay Restoration Fee shall be a 5
lien against the property served by a wastewater facility, on–site sewage disposal system, 6
or holding tank. 7
(ii) A notice of lien shall be recorded in the land records of Caroline 8
County. 9
Article – Local Government 10
[12–104. 11
In Dorchester County, the governing body may include in the merit system of the 12
county the employees of the Dorchester County Sanitary District.] 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October July 1, 2024. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.