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. *hb1064* HOUSE BILL 1064 L5, L2 5lr0974 By: Montgomery County Delegation and Prince George’s County Delegation Introduced and read first time: February 5, 2025 Assigned to: Environment and Transportation Committee Report: Favorable with amendments House action: Adopted Read second time: March 2, 2025 CHAPTER ______ AN ACT concerning 1 Montgomery County Planning Board and Washington Suburban Sanitary 2 Commission – Open Meetings – Live Streaming Requirement 3 MC/PG 101–25 4 FOR the purpose of altering establishing that certain project site visits and educational 5 field tours do not constitute open meetings subject to the requirement that the 6 Montgomery County Planning Board and the Washington Suburban Sanitary 7 Commission, respectively, stream live video or audio of their open meetings to apply 8 only to meetings held at certain locations; and generally relating to open meetings of 9 the Montgomery County Planning Board and the Washington Suburban Sanitary 10 Commission. 11 BY repealing and reenacting, with amendments, 12 Article – Land Use 13 Section 20–202(e) 14 Annotated Code of Maryland 15 (2012 Volume and 2024 Supplement) 16 BY repealing and reenacting, with amendments, 17 Article – Public Utilities 18 Section 17–106(e) 19 Annotated Code of Maryland 20 (2020 Replacement Volume and 2024 Supplement) 21 2 HOUSE BILL 1064 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Land Use 3 20–202. 4 (e) (1) This subsection applies only to the Montgomery County Planning 5 Board. 6 (2) The Board shall: 7 (i) EXCEPT AS PROVIDED I N PARAGRAPH (5) OF THIS 8 SUBSECTION, stream live video or live teleconference audio or other audio of the open 9 meetings of the Board ONLY IF THE MEETING IS HELD AT: 10 1. THE HEADQUARTERS OF THE BOARD; OR 11 2. A LOCATION WHERE THE BOARD HELD AT LEAST 10 12 MEETINGS DURING THE IMMEDIATELY PRECEDIN G CALENDAR YEAR ; 13 (ii) maintain on its website a complete and unedited archived 14 recording of each open meeting that is livestreamed in accordance with this subsection; and 15 (iii) notwithstanding § 3–306(b)(2)(i) of the General Provisions 16 Article: 17 1. prepare minutes of each meeting as soon as practicable 18 after the meeting; and 19 2. publish and maintain on its website the minutes of each 20 open meeting prepared in accordance with this subsection. 21 (3) The inability of the Board to comply with paragraph (2)(i) and (ii) of this 22 subsection due to technical failure that entirely prevents or otherwise affects the quality of 23 the live video or audio streaming of a meeting of the Board does not affect the validity of 24 any action taken by the Board during the meeting if: 25 (i) the Board otherwise complies with this subsection and the Open 26 Meetings Act; and 27 (ii) the inability to comply is not due to willful action by the Board. 28 (4) In addition to complying with the minutes requirements of the Open 29 Meetings Act under § 3–306 of the General Provisions Article, if the Board is unable to 30 comply with paragraph (2)(i) of this subsection, the Board shall make good–faith efforts to 31 HOUSE BILL 1064 3 record an open meeting by video or audio and maintain on its website a complete and 1 unedited archived recording of the meeting. 2 (5) A PROJECT SITE VISIT O R AN EDUCATIONAL FIE LD TOUR DOES 3 NOT CONSTITUTE AN OP EN MEETING UNDER PAR AGRAPH (2)(I) OF THIS 4 SUBSECTION IF NO ORG ANIZATIONAL BUSINESS IS CONDUCTED . 5 Article – Public Utilities 6 17–106. 7 (e) (1) The Commission shall: 8 (i) EXCEPT A S PROVIDED IN PARAGR APH (4) OF THIS 9 SUBSECTION, stream live video or live teleconference audio or other audio of the open 10 meetings of the Commission ONLY IF THE MEETING IS HELD AT: 11 1. THE HEADQUARTERS OF THE COMMISSION; OR 12 2. A LOCATION WHERE THE COMMISSION HELD AT 13 LEAST 10 MEETINGS DURING THE IMMEDIATELY PRECEDIN G CALENDAR YEAR ; and 14 (ii) maintain on its website a complete and unedited archived 15 recording of each open meeting that is livestreamed in accordance with this subsection. 16 (2) The inability of the Commission to comply with paragraph (1) of this 17 subsection due to technical failure that entirely prevents or otherwise affects the quality of 18 the live video or audio streaming of a meeting of the Commission does not affect the validity 19 of any action taken by the Commission during the meeting if: 20 (i) the Commission otherwise complies with this section and the 21 Open Meetings Act; and 22 (ii) the inability to comply is not due to willful action by the 23 Commission. 24 (3) In addition to complying with the minutes requirements of the Open 25 Meetings Act under § 3–306 of the General Provisions Article, if the Commission is unable 26 to comply with the requirements of paragraph (1)(i) of this subsection, the Commission 27 shall make good faith efforts to record an open session by video or audio and maintain on 28 its website a complete and unedited archived recording of the meeting. 29 (4) A PROJECT SITE VISIT O R AN EDUCATIONAL FIE LD TOUR DOES 30 NOT CONSTITUTE AN OP EN MEETING UNDER PAR AGRAPH (1)(I) OF THIS 31 SUBSECTION IF NO ORG ANIZATIONAL BUSINESS IS CONDUCTED . 32 4 HOUSE BILL 1064 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1 1, 2025. 2 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.