Maryland 2024 Regular Session

Maryland Senate Bill SB401 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0401
6	6
7	7	SENATE BILL 401
8	8	R2 4lr2290
9	9	CF 4lr2298
10	10	By: Senator Kagan
11	11	Introduced and read first time: January 18, 2024
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Department of Transportation and Maryland Transportation Authority 2
19	19	– Utilities Installation – Data Submission 3
20	20
21	21	FOR the purpose of requiring a utility owner to submit to the Department of Transportation 4
22	22	and the Maryland Transportation Authority certain information pertaining to the 5
23	23	installation or relocation of certain facilities, infrastructure, or appurtenances 6
24	24	associated with a utility service within or on rights–of–way or real property owned 7
25	25	or controlled by the Department or the Authority; authorizing the Department or the 8
26	26	Authority to require the removal of facilities, infrastructure, or appurtenances and 9
27	27	deny issuance of certain permits or authorizations if a utility owner does not comply 10
28	28	with the requirements of this Act; and generally relating to the installation of 11
29	29	utilities within or on rights–of–way or real property of the Department of 12
30	30	Transportation or the Maryland Transportation Authority. 13
31	31
32	32	BY adding to 14
33	33	Article – Transportation 15
34	34	Section 2–901 through 2–903 to be under the new subtitle “Subtitle 9. Utility Data” 16
35	35	Annotated Code of Maryland 17
36	36	(2020 Replacement Volume and 2023 Supplement) 18
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
39	39	That the Laws of Maryland read as follows: 20
40	40
41	41	Article – Transportation 21
42	42
43	43	SUBTITLE 9. UTILITY DATA. 22
44	44
45	45	2–901. 23
46	46
47	47	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 24 2 SENATE BILL 401
48	48
49	49
50	50	INDICATED. 1
51	51
52	52	(B) “AUTHORITY” MEANS THE MARYLAND TRANSPORTATION AUTHORITY. 2
53	53
54	54	(C) “UTILITY OWNER” MEANS AN ENTITY THAT PROVIDES OR CONTRACTS 3
55	55	TO PROVIDE UTILITY S ERVICE. 4
56	56
57	57	(D) “UTILITY SERVICE” MEANS THE INSTALLATI ON OR RELOCATION OF 5
58	58	AERIAL, SURFACE, OR SUBSURFACE FACILI TIES, INFRASTRUCTURE , OR 6
59	59	APPURTENANCES ASSOCI ATED WITH THE FOLLOW ING TYPES OF SERVICE S 7
60	60	PROVIDED BY A PUBLIC OR PRIVATE UTILITY: 8
61	61
62	62	(1) ENERGY SERVICES ; 9
63	63
64	64	(2) WATER, WASTEWATER , AND STORMWATER SERVICES ; AND 10
65	65
66	66	(3) TELECOMMUNICATIONS SE RVICES. 11
67	67
68	68	2–902. 12
69	69
70	70	THIS SUBTITLE DOES NO T APPLY TO THE PROVI SION OF UTILITY SERV ICE 13
71	71	WITHIN A RIGHT–OF–WAY OR ON REAL PROPE RTY OWNED OR CONTROLLED BY THE 14
72	72	MARYLAND PORT ADMINISTRATION . 15
73	73
74	74	2–903. 16
75	75
76	76	(A) (1) WITHIN 60 DAYS AFTER THE COMPL ETION OF THE PROVISI ON OF 17
77	77	UTILITY SERVICE BY O R ON BEHALF OF A UTI LITY OWNER WITHIN A RIGHT–OF–WAY 18
78	78	OR ON REAL PROPERTY OWNED OR CONTROLLED BY THE DEPARTMENT OR THE 19
79	79	AUTHORITY, THE UTILITY OWNER SH ALL SUBMIT TO THE DEPARTMENT AND THE 20
80	80	AUTHORITY THE LOCATIO N AND TYPE OF SERVIC ES INSTALLED OR RELO CATED. 21
81	81
82	82	(2) THE LOCATION INFORMAT ION SUBMITTED UNDER THIS 22
83	83	SUBSECTION SHALL BE GEOREFERENCED IN A D IGITAL FORMAT IN ACC ORDANCE 23
84	84	WITH THE DATA SUBMIS SION STANDARDS OF TH E DEPARTMENT AND THE 24
85	85	AUTHORITY. 25
86	86
87	87	(B) IF A UTILITY OWNER DO ES NOT COMPLY WITH T HE REQUIREMENTS OF 26
88	88	SUBSECTION (A) OF THIS SECTION, THE DEPARTMENT OR THE AUTHORITY MAY : 27
89	89
90	90	(1) REQUIRE THE REMOVAL O F THE FACILITIES, INFRASTRUCTURE , 28
91	91	OR APPURTENANCES FOR WHICH THE LOCATION O R SERVICE TYPE WAS N OT 29
92	92	PROPERLY SUBMITTED ; AND 30 SENATE BILL 401 3
93	93
94	94
95	95
96	96	(2) DENY ISSUANCE OF ANY FUTURE PERMIT OR AUT HORIZATION 1
97	97	REQUESTED BY THE UTI LITY OWNER. 2
98	98
99	99	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
100	100	October 1, 2024. 4
101	101