Maryland 2024 Regular Session

Maryland Senate Bill SB993 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	sb0993
6	6
7	7	SENATE BILL 993
8	8	L5 4lr2948
9	9
10	10	By: Senator Benson
11	11	Introduced and read first time: February 2, 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	Washington Suburban Sanitary Commission – System Development Charge – 2
19	19	Review and Credit for Construction of Facility 3
20	20
21	21	FOR the purpose of requiring the Office of the Inspector General of the Washington 4
22	22	Suburban Sanitary Commission to complete a review of a certain facility within a 5
23	23	certain time after receiving confirmation that the construction of the facility is 6
24	24	complete; requiring the Washington Suburban Sanitary Commission to grant the 7
25	25	developer of the facility a certain credit against a certain system development charge 8
26	26	within a certain time after the review is completed; requiring the Commission to pay 9
27	27	a certain penalty and interest under certain circumstances; applying this Act 10
28	28	retroactively; and generally relating to credit granted against the system 11
29	29	development charge by the Washington Suburban Sanitary Commission. 12
30	30
31	31	BY repealing and reenacting, without amendments, 13
32	32	Article – Public Utilities 14
33	33	Section 25–402(a) 15
34	34	Annotated Code of Maryland 16
35	35	(2020 Replacement Volume and 2023 Supplement) 17
36	36
37	37	BY repealing and reenacting, with amendments, 18
38	38	Article – Public Utilities 19
39	39	Section 25–405 20
40	40	Annotated Code of Maryland 21
41	41	(2020 Replacement Volume and 2023 Supplement) 22
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASS EMBLY OF MARYLAND, 23
44	44	That the Laws of Maryland read as follows: 24
45	45
46	46	Article – Public Utilities 25
47	47
48	48	25–402. 26 2 SENATE BILL 993
49	49
50	50
51	51
52	52	(a) In addition to any other charges authorized under this division, the 1
53	53	Commission may impose a system development charge that shall be paid by an applicant 2
54	54	for new service. 3
55	55
56	56	25–405. 4
57	57
58	58	(a) The Commission may allow a developer to design and construct any on–site 5
59	59	or off–site facility necessary for the developer’s project if the facility is: 6
60	60
61	61	(1) in the Commission Capital Improvement Program and the 10 –year 7
62	62	Comprehensive Water Supply and Sewerage System Plan adopted by one of the county 8
63	63	councils; 9
64	64
65	65	(2) a major project included in the Commission Capital Improvement 10
66	66	Program; or 11
67	67
68	68	(3) a project that includes a sewer main or water main that: 12
69	69
70	70	(i) provides only local service; 13
71	71
72	72	(ii) is 2,000 feet or less; 14
73	73
74	74	(iii) has a diameter of: 15
75	75
76	76	1. 15 inches or more if it is a sewer main; or 16
77	77
78	78	2. 16 inches or more if it is a water main; and 17
79	79
80	80	(iv) is built to avoid unnecessary and uneconomical duplication when 18
81	81	a major project is constructed. 19
82	82
83	83	(b) A facility constructed under this section shall be designed, constructed, and 20
84	84	inspected in accordance with: 21
85	85
86	86	(1) the standards used by the Commission; and 22
87	87
88	88	(2) all applicable laws, regulations, and written policies of the Commission. 23
89	89
90	90	(c) After the Commission approves a facility constructed by a developer under 24
91	91	this section, the Commission shall: 25
92	92
93	93	(1) accept the facility as part of the Commission system; and 26
94	94
95	95	(2) subject to subsection (d) of this section, grant the developer a credit 27
96	96	against any charge imposed under this subtitle in an amount equal to the cost of 28
97	97	constructing the facility. 29 SENATE BILL 993 3
98	98
99	99
100	100
101	101	(d) (1) The Office of the Inspector General shall review and approve the costs 1
102	102	incurred by the developer. 2
103	103
104	104	(2) THE OFFICE OF THE INSPECTOR GENERAL SHALL COMPLETE A 3
105	105	REVIEW UNDER THIS SU BSECTION WITHIN 60 DAYS AFTER THE COMMISSION 4
106	106	RECEIVES CONFIRMATIO N THAT THE CONSTRUCTION OF A FACILITY APPROVED BY 5
107	107	THE COMMISSION IS COMPLETE. 6
108	108
109	109	(3) (I) THE COMMISSION SHALL GRANT THE DE VELOPER A CREDIT 7
110	110	IN ACCORDANCE WITH S UBSECTION (C)(2) OF THIS SECTION WITHIN 14 DAYS AFTER 8
111	111	THE REVIEW REQUIRED UNDER THIS SUBSECTION IS COMPLETED . 9
112	112
113	113	(II) IF THE COMMISSION DOES NOT GRANT THE C REDIT FOR AN 10
114	114	APPROVED FACILITY WITHIN 14 DAYS AFTER THE REVIEW IS COMPLETED , THE 11
115	115	COMMISSION SHALL PAY TO THE DEVELOPER : 12
116	116
117	117	1. A PENALTY CONSISTING OF 5% OF THE TOTAL 13
118	118	AMOUNT OF THE CREDIT OWED TO THE DEVELOPE R; AND 14
119	119
120	120	2. INTEREST ON THE AMOU NT OF CREDIT OWED TO THE 15
121	121	DEVELOPER AT A RATE OF 12%, COMPOUNDED ANNUALLY. 16
122	122
123	123	(e) The Commission and the developer shall enter into an agreement that 17
124	124	incorporates the provisions of this section. 18
125	125
126	126	(f) If the Commission rejects a developer’s request to design and construct 19
127	127	facilities under this section, the Commission shall explain in writing to the developer the 20
128	128	reasons for the rejection. 21
129	129
130	130	(g) (1) The Commission shall submit a report at the end of each fiscal year to 22
131	131	the Montgomery County and Prince George’s County Delegations to the General Assembly 23
132	132	and to the county councils of Montgomery County and Prince George’s County. 24
133	133
134	134	(2) The report shall state the number of requests made by developers under 25
135	135	this section, including: 26
136	136
137	137	(i) the number of acceptances and rejections by the Commission; 27
138	138	and 28
139	139
140	140	(ii) the justification for any rejections. 29
141	141
142	142	SECTION 2. AND BE IT FURTHER ENACTED, That , subject to Section 3 of this 30
143	143	Act, this Act shall be construed to apply retroactively and shall be applied to and 31 4 SENATE BILL 993
144	144
145	145
146	146	interpreted to affect all facilities approved by the Washington Suburban Sanitary 1
147	147	Commission on and after January 1, 2023. 2
148	148
149	149	SECTION 3. AND BE IT FURTHER ENACTED, That a presently existing obligation 3
150	150	or contract right may not be impaired in any way by this Act. 4
151	151
152	152	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
153	153	October 1, 2024. 6