EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0917*
HOUSE BILL 917
R2 4lr2298
CF SB 401
By: Delegates Healey and Pruski
Introduced and read first time: February 2, 2024
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Department of Transportation and Maryland Transportation Authority 2
– Utilities Installation – Data Submission 3
FOR the purpose of requiring a utility owner to submit to the Department of Transportation 4
and the Maryland Transportation Authority certain information pertaining to the 5
installation or relocation of certain facilities, infrastructure, or appurtenances 6
associated with a utility service within or on rights–of–way or real property owned 7
or controlled by the Department or the Authority; authorizing the Department or the 8
Authority to require the removal of facilities, infrastructure, or appurtenances and 9
deny issuance of certain permits or authorizations if a utility owner does not comply 10
with the requirements of this Act; and generally relating to the installation of 11
utilities within or on rights–of–way or real property of the Department of 12
Transportation or the Maryland Transportation Authority. 13
BY adding to 14
Article – Transportation 15
Section 2–901 through 2–903 to be under the new subtitle “Subtitle 9. Utility Data” 16
Annotated Code of Maryland 17
(2020 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Transportation 21
SUBTITLE 9. UTILITY DATA. 22
2–901. 23
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 24 2 HOUSE BILL 917
INDICATED. 1
(B) “AUTHORITY” MEANS THE MARYLAND TRANSPORTATION AUTHORITY. 2
(C) “UTILITY OWNER” MEANS AN ENTITY THAT PROVIDES OR CONTRACT S 3
TO PROVIDE UTIL ITY SERVICE. 4
(D) “UTILITY SERVICE” MEANS THE INSTALLATI ON OR RELOCATION OF 5
AERIAL, SURFACE, OR SUBSURFACE FACILI TIES, INFRASTRUCTURE , OR 6
APPURTENANCES ASSOCI ATED WITH THE FOLLOW ING TYPES OF SERVICE S 7
PROVIDED BY A PUBLIC OR PRIVATE UTILITY : 8
(1) ENERGY SERVICES; 9
(2) WATER, WASTEWATER , AND STORMWATER SERVI CES; AND 10
(3) TELECOMMUNICATIONS SE RVICES. 11
2–902. 12
THIS SUBTITLE DOES NO T APPLY TO THE PROVI SION OF UTILITY SERV ICE 13
WITHIN A RIGHT–OF–WAY OR ON REAL PROPE RTY OWNED OR CONTROL LED BY THE 14
MARYLAND PORT ADMINISTRATION . 15
2–903. 16
(A) (1) WITHIN 60 DAYS AFTER THE COMPL ETION OF THE PROVISI ON OF 17
UTILITY SERVICE BY O R ON BEHALF OF A UTI LITY OWNER WITHIN A RIGHT–OF–WAY 18
OR ON REAL PROPERTY OWNED OR CONTROLLED BY THE DEPARTMENT OR THE 19
AUTHORITY, THE UTILITY OWNER SHALL SUBMIT T O THE DEPARTMENT AND THE 20
AUTHORITY THE LOCATIO N AND TYPE OF SERVIC ES INSTALLED OR RELO CATED. 21
(2) THE LOCATION INFORMAT ION SUBMITTED UNDER THIS 22
SUBSECTION SHALL BE GEOREFERENCED IN A D IGITAL FORMAT IN ACC ORDANCE 23
WITH THE DATA SUBMIS SION STANDARDS OF THE DEPARTMENT AND THE 24
AUTHORITY. 25
(B) IF A UTILITY OWNER DO ES NOT COMPLY WITH T HE REQUIREMENTS OF 26
SUBSECTION (A) OF THIS SECTION, THE DEPARTMENT OR THE AUTHORITY MAY : 27
(1) REQUIRE THE REMOVAL O F THE FACILITIES, INFRASTRUCTURE , 28
OR APPURT ENANCES FOR WHICH TH E LOCATION OR SERVIC E TYPE WAS NOT 29
PROPERLY SUBMITTED ; AND 30 HOUSE BILL 917 3
(2) DENY ISSUANCE OF ANY FUTURE PERMIT OR AUT HORIZATION 1
REQUESTED BY THE UTI LITY OWNER. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2024. 4