| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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 | *hb1063* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1063 | |
| 11 | 8 | L5 5lr0976 | |
| 12 | 9 | ||
| 13 | 10 | By: Montgomery County Delegation and Prince George’s County Delegation | |
| 14 | 11 | Introduced and read first time: February 5, 2025 | |
| 15 | 12 | Assigned to: Environment and Transportation | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: February 27, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Washington Suburban Sanitary Commission – Design and Construction 2 | |
| 25 | 19 | – Alternative Project Delivery and Solicitation Methods 3 | |
| 26 | 20 | ||
| 27 | 21 | MC/PG 102–25 4 | |
| 28 | 22 | ||
| 29 | 23 | FOR the purpose of repealing a limitation on the design/build contracts into which the 5 | |
| 30 | 24 | Washington Suburban Sanitary Commission may enter; authorizing the 6 | |
| 31 | 25 | Commission to adopt regulations establishing certain alternative project delivery 7 | |
| 32 | 26 | and solicitation methods; and generally relating to design and construction projects 8 | |
| 33 | 27 | of the Washington Suburban Sanitary Commission. 9 | |
| 34 | 28 | ||
| 35 | 29 | BY repealing and reenacting, with amendments, 10 | |
| 36 | 30 | Article – Public Utilities 11 | |
| 37 | 31 | Section 20–104 12 | |
| 38 | 32 | Annotated Code of Maryland 13 | |
| 39 | 33 | (2020 Replacement Volume and 2024 Supplement) 14 | |
| 40 | 34 | ||
| 41 | 35 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
| 42 | 36 | That the Laws of Maryland read as follows: 16 | |
| 43 | 37 | ||
| 44 | 38 | Article – Public Utilities 17 | |
| 45 | 39 | ||
| 46 | 40 | 20–104. 18 | |
| 41 | + | ||
| 42 | + | (a) The Commission shall provide an opportunity for a hearing before proceeding 19 | |
| 43 | + | with the design or construction of a water supply or sanitary sewer system. 20 | |
| 44 | + | ||
| 45 | + | (b) Subject to subsection (c) of this section, the Commission: 21 | |
| 47 | 46 | 2 HOUSE BILL 1063 | |
| 48 | 47 | ||
| 49 | 48 | ||
| 50 | - | (a) The Commission shall provide an opportunity for a hearing before proceeding 1 | |
| 51 | - | with the design or construction of a water supply or sanitary sewer system. 2 | |
| 49 | + | (1) shall advertise in newspapers and technical media that the Commission 1 | |
| 50 | + | considers appropriate for bids or proposals for design or construction services for any part 2 | |
| 51 | + | of a water supply or sanitary sewer system; and 3 | |
| 52 | 52 | ||
| 53 | - | (b) Subject to subsection (c) of this section, the Commission: 3 | |
| 53 | + | (2) may readvertise any part of the services needed if the Commission 4 | |
| 54 | + | considers the prices quoted in response to a prior advertisement to be unreasonable. 5 | |
| 54 | 55 | ||
| 55 | - | (1) | |
| 56 | - | ||
| 57 | - | ||
| 56 | + | (c) (1) Subject to paragraph (2) of this subsection, the Commission may use 6 | |
| 57 | + | day labor to complete any part of the design or construction of a water supply or sanitary 7 | |
| 58 | + | sewer system. 8 | |
| 58 | 59 | ||
| 59 | - | (2) may readvertise any part of the services needed if the Commission 7 | |
| 60 | - | considers the prices quoted in response to a prior advertisement to be unreasonable. 8 | |
| 60 | + | (2) Notwithstanding § 20–105(a) of this subtitle, the Commission may 9 | |
| 61 | + | spend up to $15,000 for day labor for any part of construction services without advertising 10 | |
| 62 | + | for or receiving bids or proposals. 11 | |
| 61 | 63 | ||
| 62 | - | ( | |
| 63 | - | ||
| 64 | - | ||
| 64 | + | (d) (1) Except as provided in paragraph (2) of this subsection, the Commission 12 | |
| 65 | + | may enter into any type of contract under this subtitle that promotes the best interest of 13 | |
| 66 | + | the Commission. 14 | |
| 65 | 67 | ||
| 66 | - | (2) Notwithstanding § 20–105(a) of this subtitle, the Commission may 12 | |
| 67 | - | spend up to $15,000 for day labor for any part of construction services without advertising 13 | |
| 68 | - | for or receiving bids or proposals. 14 | |
| 68 | + | (2) The Commission: 15 | |
| 69 | 69 | ||
| 70 | - | (d) (1) Except as provided in paragraph (2) of this subsection, the Commission 15 | |
| 71 | - | may enter into any type of contract under this subtitle that promotes the best interest of 16 | |
| 72 | - | the Commission. 17 | |
| 70 | + | (i) may not enter a cost–plus–percentage–of–cost contract; and 16 | |
| 73 | 71 | ||
| 74 | - | (2) The Commission: 18 | |
| 72 | + | (ii) shall prohibit a cost–plus–percentage–of–cost subcontract under 17 | |
| 73 | + | a contract with the Commission. 18 | |
| 75 | 74 | ||
| 76 | - | (i) may not enter a cost–plus–percentage–of–cost contract; and 19 | |
| 75 | + | (e) [The Commission may only enter into a design/build contract for a facilities 19 | |
| 76 | + | construction contract with costs exceeding $2,000,000. 20 | |
| 77 | 77 | ||
| 78 | - | (ii) shall prohibit a cost–plus–percentage–of–cost subcontract under 20 | |
| 79 | - | a contract with the Commission. 21 | |
| 78 | + | (f)] The Commission may reject any bid or proposal. 21 | |
| 80 | 79 | ||
| 81 | - | ( | |
| 82 | - | ||
| 80 | + | [(g)] (F) (1) The Commission may require a contract to be secured by bonds, 22 | |
| 81 | + | penalties, and conditions. 23 | |
| 83 | 82 | ||
| 84 | - | (f)] The Commission may reject any bid or proposal. 24 | |
| 83 | + | (2) Security authorized under this subsection is enforceable in any court of 24 | |
| 84 | + | competent jurisdiction. 25 | |
| 85 | 85 | ||
| 86 | - | [(g)] (F) (1) The Commission may require a contract to be secured by bonds, 25 | |
| 87 | - | penalties, and conditions. 26 | |
| 86 | + | [(h)] (G) The Commission: 26 | |
| 88 | 87 | ||
| 89 | - | (2) Security authorized under this subsection is enforceable in any court of 27 | |
| 90 | - | competent jurisdiction. 28 | |
| 88 | + | (1) may adopt regulations to establish: 27 | |
| 91 | 89 | ||
| 92 | - | ||
| 90 | + | (I) a prequalification process for bidders or offerors; and 28 | |
| 93 | 91 | ||
| 94 | - | (1) may adopt regulations to establish: 30 | |
| 92 | + | (II) ALTERNATIVE PROJECT DELIVERY AND SOLICIT ATION 29 | |
| 93 | + | METHODS THAT PROMOTE THE BEST INTERESTS O F THE COMMISSION; AND 30 | |
| 95 | 94 | HOUSE BILL 1063 3 | |
| 96 | 95 | ||
| 97 | 96 | ||
| 98 | - | (I) a prequalification process for bidders or offerors; and 1 | |
| 97 | + | (2) shall adopt regulations to govern discussions held with offerors under § 1 | |
| 98 | + | 20–105(c)(3) of this subtitle. 2 | |
| 99 | 99 | ||
| 100 | - | (II) ALTERNATIVE PROJECT DELIVERY AND SOLICIT ATION 2 | |
| 101 | - | METHODS THAT PROMOTE THE BEST INTERESTS O F THE COMMISSION; AND 3 | |
| 102 | - | ||
| 103 | - | (2) shall adopt regulations to govern discussions held with offerors under § 4 | |
| 104 | - | 20–105(c)(3) of this subtitle. 5 | |
| 105 | - | ||
| 106 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 | |
| 107 | - | October 1, 2025. 7 | |
| 108 | - | ||
| 109 | - | ||
| 110 | - | ||
| 111 | - | Approved: | |
| 112 | - | ________________________________________________________________________________ | |
| 113 | - | Governor. | |
| 114 | - | ________________________________________________________________________________ | |
| 115 | - | Speaker of the House of Delegates. | |
| 116 | - | ________________________________________________________________________________ | |
| 117 | - | President of the Senate. | |
| 100 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 | |
| 101 | + | October 1, 2025. 4 |