Md. Code, Public Utilities § 17-101
(a) There is a Washington Suburban Sanitary Commission.
(b) The Commission has jurisdiction over the sanitary district.
Md. Code, Public Utilities, Title 17
Md. Code, Public Utilities, Title 17
in effectMd. Code, Public Utilities § 17-102
(a) The Commission consists of:
(1) three commissioners from Prince George’s County, appointed by the County Executive subject to the confirmation of the County Council; and
(2) three commissioners from Montgomery County, of whom:
(i) two are appointed by the County Executive subject to the confirmation of the County Council; and
(ii) one is the Director of the Montgomery County Department of Environmental Protection, or the Director’s designee.
(b) (1) Each commissioner from Prince George’s County shall be a resident of the sanitary district.
(2) (i) Except for the commissioner who also serves as the Director of the Montgomery County Department of Environmental Protection, or is the Director’s designee, each commissioner from Montgomery County shall be a registered voter of Montgomery County.
(ii) Each commissioner from Prince George’s County shall be a registered voter of Prince George’s County.
(c) (1) Except as provided in subsection (a)(2)(ii) of this section, an individual may not be appointed or continue in office as a commissioner if the individual holds any other position of profit or trust under the Constitution or laws of the State or any political subdivision of the State.
(2) Not more than two commissioners from Montgomery County may be of the same political party.
(d) (1) This subsection does not apply to the commissioner who also serves as the Director of the Montgomery County Department of Environmental Protection, or the Director’s designee.
(2) The term of a commissioner is 4 years and begins on June 1 of the year of appointment.
(3) The terms of commissioners are staggered as required by the terms provided for commissioners on July 1, 1982.
(4) At the end of a term, a commissioner continues to serve until a successor is appointed and takes the oath of office.
(5) A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and takes the oath of office.
(e) A vacancy on the Commission does not impair the right of the remaining commissioners to exercise all the powers of the Commission.
(f) A member of the Commission who also serves as the Director of the Montgomery County Department of Environmental Protection, or is the Director’s designee:
(1) serves as a voting member of the Commission; and
(2) may serve as the chair or vice chair of the Commission.
Md. Code, Public Utilities § 17-103
(a) (1) The County Executive shall make an appointment from a list of applicants.
(2) The list shall be:
(i) completed at least 3 weeks before the date the appointment is made; and
(ii) open to the public for inspection from the time the list is prepared until the appointment is made.
(3) (i) If an individual is not appointed from the names on the list, the County Executive shall prepare additional lists and follow the procedure under paragraph (2) of this subsection.
(ii) The 3–week period before the date the appointment is made begins with the closing of each list.
(b) (1) Subject to paragraph (2) of this subsection, the County Executive or a designee of the County Executive may interview in private each applicant for appointment or reappointment to the Commission regarding possible or potential conflicts of interest.
(2) Before appointment, the County Executive or a designee of the County Executive shall interview in private an applicant who is selected for appointment to the Commission regarding possible or potential conflicts of interest.
(3) Before appointment, the County Executive of Prince George’s County or a designee of the County Executive shall inform the Prince George’s County Council of possible or potential conflicts of interest of an applicant who is selected for appointment to the Commission.
(c) (1) A written transcript of an interview under subsection (b) of this section:
(i) shall be made;
(ii) may be reviewed by the applicant, unless the right to review is waived by the applicant;
(iii) may be altered for the applicant by the transcribing officer, if the transcript is accompanied by a statement of the reason given by the applicant for the alteration; and
(iv) shall be signed by the applicant.
(2) The transcribing officer shall certify on the transcript that:
(i) the applicant was sworn by the officer; and
(ii) the transcript is a true record of the testimony given by the applicant.
(3) The County Executive of Montgomery County or a designee of the County Executive shall:
(i) publicly disclose the complete transcribed testimony of an appointee to the Commission 3 weeks after the appointment; and
(ii) destroy immediately the complete transcript of any other applicant without disclosure of any information contained in the transcript.
(d) (1) In Montgomery County, if the County Executive or a designee of the County Executive conducts an interview under subsection (b) of this section, the applicant shall be interviewed:
(i) in a question and answer fashion;
(ii) under oath; and
(iii) about all sources of income, property holdings, business interests, and financial interests of the applicant and the applicant’s spouse, father, mother, brother, sister, and child.
(2) The County Executive of Montgomery County or a designee of the County Executive may require the applicant to produce documents.
Md. Code, Public Utilities § 17-104
(a) A commissioner may be removed before the completion of the commissioner’s term:
(1) in Montgomery County:
(i) by the County Executive with the approval of a majority of the members of the County Council; or
(ii) unless the County Executive disapproves the resolution in writing within 30 days after its adoption, by resolution of a majority of the members of the County Council; and
(2) in Prince George’s County, by the County Executive with the approval of a majority of the members of the County Council.
(b) (1) Unless a hearing is waived in writing by the commissioner designated for removal, before any removal under this section, a public hearing shall be held:
(i) in Montgomery County, by the body initiating the removal proceeding; or
(ii) in Prince George’s County, by the County Council.
(2) The commissioner shall be given an opportunity at the hearing to present a defense.
Md. Code, Public Utilities § 17-105
(a) From among its members, the Commission shall elect a chair and a vice chair.
(b) (1) The election of the chair and vice chair shall be at the first meeting of the Commission in June of each year, or as soon after the meeting as possible.
(2) Of the chair and vice chair:
(i) one shall be from Montgomery County and the other shall be from Prince George’s County; and
(ii) each office shall alternate annually between Montgomery County and Prince George’s County.
(3) (i) By unanimous vote the Commission may waive the provisions of paragraph (2)(ii) of this subsection for 1 year.
(ii) The Commission may not waive the provisions of paragraph (2)(ii) of this subsection for 2 successive years.
(4) Each officer shall serve for 1 year or until a successor is elected.
(c) Each officer shall perform the duties designated by the Commission.
(d) (1) If a vacancy exists in the position of chair or vice chair, the Commission promptly shall elect a new chair or vice chair for the remaining portion of the 1–year term of office.
(2) (i) Except as provided in subparagraph (ii) of this paragraph, if the vacancy in the position of chair or vice chair results from resignation or removal from the Commission, the election to fill the unexpired portion of the officer’s term shall be held only after the Commission vacancy has been filled.
(ii) The Commission may elect an acting chair or vice chair to serve until the vacancy has been filled.
Md. Code, Public Utilities § 17-106
(a) The Commission shall determine the times and places of its meetings.
(b) The Commission shall keep minutes in the usual corporate form.
(c) (1) The votes of the commissioners shall be:
(i) taken and recorded for any action that:
1. authorizes, modifies, or rescinds a water or sanitary sewer extension; or
2. adopts or amends a water or sewer program of extensions;
(ii) taken separately; and
(iii) recorded as yeas, nays, or abstentions.
(2) The Commission shall record in the minutes:
(i) the name of a commissioner who votes or abstains;
(ii) the reason for an abstention;
(iii) a brief summary of the matters on which a vote is taken; and
(iv) any disclosure made under § 19–103 of this article.
(d) The minutes shall be open to public inspection at the principal office of the Commission during business hours.
(e) (1) The Commission shall:
(i) except as provided in paragraph (4) of this subsection, stream live video or live teleconference audio or other audio of the open meetings of the Commission; and
(ii) maintain on its website a complete and unedited archived recording of each open meeting that is livestreamed in accordance with this subsection.
(2) The inability of the Commission to comply with paragraph (1) of this subsection due to technical failure that entirely prevents or otherwise affects the quality of the live video or audio streaming of a meeting of the Commission does not affect the validity of any action taken by the Commission during the meeting if:
(i) the Commission otherwise complies with this section and the Open Meetings Act; and
(ii) the inability to comply is not due to willful action by the Commission.
(3) In addition to complying with the minutes requirements of the Open Meetings Act under § 3–306 of the General Provisions Article, if the Commission is unable to comply with the requirements of paragraph (1)(i) of this subsection, the Commission shall make good faith efforts to record an open session by video or audio and maintain on its website a complete and unedited archived recording of the meeting.
(4) A project site visit or an educational field tour does not constitute an open meeting under paragraph (1)(i) of this subsection if no organizational business is conducted.
Md. Code, Public Utilities § 17-107
(a) (1) Except as provided in subsection (d) of this section, the members of the Commission are entitled to the following annual salaries:
(i) chair $13,500;
(ii) vice chair $13,000; and
(iii) commissioners $13,000.
(2) The salary shall be paid every 2 weeks.
(b) While in office, commissioners may participate in any Commission program of group health, life, and disability insurance to the same extent and under the same terms as Commission staff.
(c) The Commission may employ a staff in accordance with the Commission’s budget.
(d) A member of the Commission who also serves as the Director of the Montgomery County Department of Environmental Protection may not receive compensation for duties performed as a member of the Commission.
Md. Code, Public Utilities § 17-201
(a) (1) The Commission is a body corporate.
(2) The Commission may:
(i) use a common seal;
(ii) sue and be sued; and
(iii) do any other corporate act for the purpose of carrying out this division.
(b) (1) The Commission shall certify to the county councils of Montgomery County and Prince George’s County a tax rate that will, when imposed and collected in accordance with § 22–106 of this article, produce an amount sufficient to satisfy:
(i) a judgment against the Commission, including related costs and attorney’s fees; or
(ii) a settlement agreement to resolve threatened or pending litigation, including related costs and attorney’s fees.
(2) The Commission shall certify the tax rate under paragraph (1) of this subsection at the beginning of the taxable year for property taxes of the county councils of Montgomery County and Prince George’s County immediately following the date of the judgment or settlement agreement described in paragraph (1) of this subsection.
(3) The tax rate described in this subsection is in addition to any tax required under this division for interest, serial bonds, or sinking fund requirements.
(c) All acts, orders, and regulations previously passed by the Commission while sitting in the District of Columbia are ratified and shall be given the same force and effect as if passed in the State.
Md. Code, Public Utilities § 17-202
(a) The Commission:
(1) before January 15 of each year, shall prepare capital and operating budgets for the next fiscal year that shall include projects and contracts authorized under §§ 17–204 and 17–205 of this subtitle;
(2) shall make available to the public, on request, copies of the budgets described in item (1) of this subsection;
(3) before February 15 of each year, shall hold a public hearing on the proposed capital and operating budgets after giving at least 21 days’ notice of the hearing by publication in at least two newspapers of general circulation in Montgomery County and two newspapers of general circulation in Prince George’s County;
(4) on or before March 1 of each year, shall submit to the county executives of Montgomery County and Prince George’s County the proposed capital and operating budgets for the next fiscal year, including the record of any public hearing on the proposed capital or operating budget held by the Commission;
(5) shall identify the sources of revenue allocable to each proposed expenditure;
(6) shall propose a complete schedule of rates for water service charges, sewer usage charges, and ad valorem taxes that the Commission considers necessary to finance the capital and operating budgets;
(7) shall certify the amount necessary to be raised for the next fiscal year for debt service payments on all outstanding bonds and notes of the Commission; and
(8) between March 1 and April 1 of each year, may submit to the county executives of Montgomery County and Prince George’s County amendments to the proposed capital or operating budget, including a declaration of need identifying the sources of revenue allocable to the proposed amendments.
(b) The county executives of Montgomery County and Prince George’s County shall submit to the respective county council:
(1) on or before March 15 of each year, the proposed capital and operating budgets, including:
(i) recommendations on the proposed capital and operating budgets; and
(ii) the record of any public hearing on the capital or operating budget held by the Commission; and
(2) any amendments to the proposed capital and operating budgets with the county executive’s recommendations within 10 days after receipt of the amendments.
(c) (1) The county councils of Montgomery County and Prince George’s County:
(i) after giving public notice, may hold public hearings on the proposed capital and operating budgets not earlier than 21 calendar days after receipt of the capital and operating budgets from the respective county executive;
(ii) may add to, delete from, increase, or decrease an item of the capital or operating budget;
(iii) on or before May 15 of each year, shall submit any proposed changes to the capital or operating budgets to the other county council for review and concurrence; and
(iv) on or before June 1 of each year, shall approve the capital and operating budgets and submit them to the Commission.
(2) (i) If the county councils fail to concur in a change with respect to any item in the capital or operating budget on or before June 1 of each year, the failure to concur constitutes approval of the item as submitted by the Commission.
(ii) If the county councils fail to approve the capital and operating budgets on or before June 1 of each year, the proposed capital and operating budgets of the Commission are deemed approved.
(d) (1) The Commission may submit detailed proposed supplements to the approved capital and operating budgets to the county executives of Montgomery County and Prince George’s County.
(2) Within 10 days after receipt of a proposed budget supplement, each county executive shall submit the proposed budget supplement, including recommendations, to the respective county council.
(3) Each county council:
(i) may hold public hearings on the proposed budget supplement; and
(ii) may add to, delete from, increase, or decrease the proposed budget supplement.
(4) The failure of the county councils to jointly approve or amend the proposed budget supplement within 90 days after the date that the Commission submits the proposed budget supplement to the county executives constitutes disapproval of the supplement as submitted by the Commission.
(e) (1) On submission of the approved capital and operating budgets the county councils of Montgomery County and Prince George’s County may jointly recommend to the Commission rates for:
(i) water service charges;
(ii) sewer usage charges; and
(iii) ad valorem taxes.
(2) (i) On receipt of the capital and operating budgets and recommendations from the county councils, the Commission shall approve a rate schedule.
(ii) In approving a rate schedule the Commission shall consider the proposed rate changes jointly recommended by the county councils.
(3) Subject to § 25–101 of this article, the rates for water service charges and sewer usage charges shall be uniform throughout the sanitary district.
Md. Code, Public Utilities § 17-202.1
§17–202.1.
(a) (1) On or before November 1, 2025, the Commission shall submit the following information to the county councils of Montgomery County and Prince George’s County and, in accordance with § 2–1257 of the State Government Article, the General Assembly:
(i) a long–range comprehensive financial plan that:
1. is developed by the Commission in conjunction with an independent financial advisor; and
2. meets the requirements of subsection (b) of this section; and
(ii) any updated Commission policies relating to financial management.
(2) On or before June 1, 2026, and every 5 years thereafter, the Commission shall submit to the county councils of Montgomery County and Prince George’s County and, in accordance with § 2–1257 of the State Government Article, the General Assembly:
(i) an updated version of the long–range comprehensive financial plan; and
(ii) any updated Commission policies relating to financial management.
(b) A long–range comprehensive financial plan shall:
(1) include stress testing based on industry standards; and
(2) test the impact of a wide range of economic conditions that may affect the Commission and its financial solvency, including changes in employment rates, interest rates, and water usage.
(c) The Commission shall publish the long–range comprehensive financial plan on the Commission’s website established under § 17–401 of this title.
Md. Code, Public Utilities § 17-203
Approval by the governing bodies of Montgomery County and Prince George’s County is required before the construction of any new Commission administration building or any substantial addition to an existing Commission administration building.
Md. Code, Public Utilities § 17-204
§17–204. IN EFFECT
(a) (1) In this section, “border property” means property that:
(i) is located:
1. on a boundary line with the District of Columbia; and
2. within one–half mile of:
A. a regional transit district or neighborhood center in Prince George’s County; and
B. an existing mass transit rail station that is operated by the Washington Metropolitan Area Transit Authority;
(ii) lacks frontage on a right–of–way in Prince George’s County to connect water service, sewer service, or water and sewer service;
(iii) qualifies as an expedited transit–oriented development project under the zoning laws of the county; and
(iv) obtained site plan approval in the county on or after January 1, 2021, but before January 1, 2023.
(2) “Border property” includes any property, regardless of the date of site plan approval or site plan revision, that is:
(i) adjacent to a property that obtained site approval under paragraph (1)(iv) of this subsection; and
(ii) owned by the same entity that owns the property that obtained site approval under paragraph (1)(iv) of this subsection.
(b) (1) Subject to paragraph (2) of this subsection, the Commission may enter into a contract or agreement concerning the construction, maintenance, and operation of the water supply, sewer, or drainage systems under its control or under the control or ownership of the District of Columbia or any other agency, authority, or commission specified in this section.
(2) The Commission may enter into a contract or agreement under paragraph (1) of this subsection with:
(i) the District of Columbia;
(ii) for systems located in border properties, the District of Columbia Water and Sewer Authority;
(iii) any federal, state, county, or municipal authority in the State or any other state; or
(iv) any public water, sewer, or drainage commission in the State or any other state.
(c) The Commission may contract with, as a primary party or as a subcontractor, or invest in any person for the ownership, joint–venturing, management, operation, supervision, assistance, participation, or any other activity relating to the design, construction, operation, maintenance, or management of water or wastewater systems, including systems, services, expertise, intellectual property, and techniques developed in connection with, or usable or marketable with respect to, water or wastewater systems.
(d) (1) Notwithstanding any other provision of law and subject to the requirements of this subsection, the Commission may contract with the District of Columbia or the District of Columbia Water and Sewer Authority concerning the construction, maintenance, and operation of a water supply, sewer, or drainage system by authorizing the District of Columbia or the Authority to provide water service, sewer service, or water and sewer service to a border property.
(2) Any contract entered into under this subsection between the Commission and the District of Columbia or the District of Columbia Water and Sewer Authority shall:
(i) allocate the maintenance costs of the water supply, sewer, or drainage system;
(ii) allocate billing and collection responsibilities;
(iii) require multifamily housing units served under the contract to use master meters;
(iv) notwithstanding § 25–501(b)(2) of this division, provide for a service rate setting procedure for water service and sewer service that is based on the amount of water used;
(v) provide notice of the Commission’s authority to:
1. charge the account of each customer served under the contract:
A. the minimum or ready to serve charges set by the Commission under § 25–502 of this division;
B. a fee that accounts for any additional operational costs that the Commission may incur in carrying out the duties under a contract entered into under this section if those duties are not required for other customer accounts within the sanitary district, as defined in § 16–101 of this article; and
C. any other fee required by State law, including the Bay Restoration Fee under § 9–1605.2 of the Environment Article;
2. inspect, read, and replace meters and other equipment; and
3. in accordance with this division and the regulations adopted by the Commission, terminate the water service of a customer served under the contract;
(vi) require the Commission and the District of Columbia or the District of Columbia Water and Sewer Authority to notify customers of any health and safety advisories;
(vii) based on a notification schedule agreed to by the Commission and the District of Columbia or the District of Columbia Water and Sewer Authority, require notification to customers served under the contract that:
1. the District of Columbia or the District of Columbia Water and Sewer Authority is the provider of water service, sewer service, or water and sewer service to the border property;
2. the Commission is the authorized billing agent for the District of Columbia or the District of Columbia Water and Sewer Authority;
3. the Commission is authorized to inspect, read, and replace meters and other equipment;
4. lateral water service and sewer lines are the responsibility of the property owner and not the Commission, the District of Columbia, or the District of Columbia Water and Sewer Authority;
5. the customer may be able to participate in a Customer Assistance Program or an Indirect Customer Assistance Program established under § 25–501.1 of this division; and
6. the customer may be charged higher service rates for water service and sewer service than other Commission customers because the District of Columbia or the District of Columbia Water and Sewer Authority, and not the Commission, is the direct provider of water service, sewer service, or water and sewer service; and
(viii) limit the ability of the Commission, the District of Columbia, or the District of Columbia Water and Sewer Authority to reduce services provided to a customer served under the contract.
(e) (1) Any contract or agreement entered into under this section has the full effect of a contract between the District of Columbia and the State or between the other agencies, authorities, or persons described in the section and this State.
(2) The authority granted in this section is in addition to, and is not limited by, the authority granted by any other Act of the General Assembly.
§17–204. // EFFECTIVE APRIL 24, 2028 PER CHAPTER 241 OF 2023 //
(a) (1) Subject to paragraph (2) of this subsection, the Commission may enter into a contract or agreement concerning the construction, maintenance, and operation of the water supply, sewer, or drainage systems under its control or under the control or ownership of the District of Columbia or any other agency, authority, or commission specified in this section.
(2) The Commission may enter into a contract or agreement under paragraph (1) of this subsection with:
(i) the District of Columbia;
(ii) any federal, state, county, or municipal authority in the State or any other state; or
(iii) any public water, sewer, or drainage commission in the State or any other state.
(b) The Commission may contract with, as a primary party or as a subcontractor, or invest in any person for the ownership, joint–venturing, management, operation, supervision, assistance, participation, or any other activity relating to the design, construction, operation, maintenance, or management of water or wastewater systems, including systems, services, expertise, intellectual property, and techniques developed in connection with, or usable or marketable with respect to, water or wastewater systems.
(c) (1) Any contract or agreement entered into under this section has the full effect of a contract between the District of Columbia and the State or between the other agencies, authorities, or persons described in the section and this State.
(2) The authority granted in this section is in addition to, and is not limited by, the authority granted by any other Act of the General Assembly.
Md. Code, Public Utilities § 17-205
(a) In this section, “product” or “technology” does not include water or sewer service provided as part of the primary mission of the Commission in the sanitary district or through systems connected directly to and operated as part of the water and sewer system in the sanitary district.
(b) Subject to subsection (d) of this section, the Commission may sell, lease, or license to the public, or enter into a contract concerning:
(1) any product or technology that is produced or developed by the Commission in the normal course of operations, including patents, trademarks, and copyrights;
(2) any service directly related to a product or technology described in item (1) of this subsection; or
(3) any system, service, expertise, intellectual property, or technique developed, owned, or controlled by or under the jurisdiction of the Commission.
(c) The Commission may adopt a price structure for an item described in subsection (b) of this section based on any factors that the Commission considers relevant, including:
(1) the costs of creating, developing, reproducing, and delivering the product or technology;
(2) overhead and labor costs; and
(3) the fair market value of the product or technology.
(d) (1) The Commission shall account for expenditures and revenues resulting from sales under this section by establishing a separate set of accounts.
(2) The accounts established under paragraph (1) of this subsection shall be itemized and included in the Commission’s annual budget.
(e) The Commission shall use any net revenues earned from projects and contracts entered into under this section to stabilize or reduce rates and to reduce debt.
Md. Code, Public Utilities § 17-206
(a) The Commission may finance initial program development costs and other project costs for a project subject to this subtitle from Commission funding sources other than revenue bond proceeds only if those costs are reimbursed from project revenues.
(b) In any fiscal year, funding of initial program development costs and other project costs under subsection (a) of this section may not exceed an amount equal to 3% of the gross revenues of the Commission from water service charges and sewer usage charges for the immediately preceding fiscal year.
(c) Any project, contract, or transaction entered into under this subtitle that uses revenue bonds issued under Title 22, Subtitle 2 of this article shall be entered into by the Commission through the use of:
(1) a limited liability company;
(2) a limited liability partnership;
(3) a limited partnership; or
(4) another comparable limited liability entity or arrangement.
Md. Code, Public Utilities § 17-301
(a) In this subtitle the following words have the meanings indicated.
(b) “Proper invoice” means an invoice that:
(1) contains the contractor’s federal employer’s identification number or Social Security number;
(2) contains the contract or purchase order number or other description of the contract; and
(3) contains or is accompanied by the substantiating information and documentation required by regulation or contract.
(c) “Receipt date” means the date that a proper invoice is received by the Commission.
Md. Code, Public Utilities § 17-302
It is the policy of the Commission that the Commission shall make a payment in accordance with any authorized, written procurement contract to the contractor within 30 calendar days after the receipt date of a proper invoice.
Md. Code, Public Utilities § 17-303
Any amount due and payable under law and an authorized, written procurement contract that remains unpaid for more than 45 calendar days after the receipt date shall accrue interest, at the rate specified in § 11–107(a) of the Courts Article, for the period that begins 31 calendar days after the receipt date.
Md. Code, Public Utilities § 17-304
The Commission is not liable for the payment of interest under this subtitle:
(1) if a proper invoice for accrued interest is not submitted within 30 calendar days after the date of the Commission’s check for payment of the amount on which the interest accrued;
(2) for more than 1 year following the 31st calendar day after the receipt date;
(3) on amounts representing unpaid interest; or
(4) if there is a dispute, as determined by the Commission, as to any material factor in the contract or purchase order.
Md. Code, Public Utilities § 17-401
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Payee” means a person that receives from the Commission an aggregate payment of $25,000 in a single fiscal year.
(ii) “Payee” does not include:
1. a Commission employee with respect to the employee’s compensation; or
2. a Commission retiree with respect to the retiree’s retirement allowance.
(3) “Searchable website” means a website created in accordance with this section that displays and searches payment data of the Commission.
(b) The Commission shall:
(1) publish annually in at least one newspaper in Montgomery County and one newspaper in Prince George’s County a copy of the current financial statement of the Commission;
(2) employ a certified public accountant licensed to practice in the State to audit the books and accounts of the Commission;
(3) keep available for public inspection during business hours at its principal office the annual audit and current financial statement; and
(4) file annually with the county executives and county councils of Montgomery County and Prince George’s County, and the Montgomery County and Prince George’s County Senate and House delegations to the Maryland General Assembly a certified copy of the annual audit and current financial statement.
(c) On or before July 1, 2020, the Commission shall develop and operate a single searchable website accessible to the public at no cost through the Internet.
(d) The searchable website shall contain Commission payment data including:
(1) the name of each payee receiving a payment;
(2) the location of the payee by postal zip code; and
(3) the amount of the payment.
(e) The searchable website shall allow the user to:
(1) search data for fiscal year 2019 and each fiscal year thereafter; and
(2) search by the following data fields:
(i) a payee receiving a payment; and
(ii) the zip code of a payee receiving a payment.
(f) (1) Subject to paragraph (2) of this subsection, the searchable website shall contain:
(i) any documents relating to a bond rating received from a major credit rating agency;
(ii) data related to the Refund Hearing Board of the Commission, including:
1. the number of cases filed;
2. the number of cases closed;
3. the number of cases granted;
4. the number of cases denied;
5. the refund amount requested in each case; and
6. the refund amount granted in each case;
(iii) data related to the Dispute Resolving Board of the Commission, including:
1. the number of cases filed;
2. the number of cases closed;
3. the number of cases granted;
4. the number of cases denied;
5. the unpaid amount disputed in each case; and
6. the amount of relief granted in each case; and
(iv) a copy of any stress testing completed for a long–range comprehensive financial plan developed in accordance with § 17–202.1 of this title.
(2) The data provided under paragraph (1) of this subsection may not contain any personally identifiable information.
(g) This section may not be construed to require the disclosure of information that is required to be kept confidential under federal, State, or local law.
(h) (1) Subject to paragraph (2) of this subsection, the county council or county executive of Montgomery County or Prince George’s County may, in person or by a duly authorized agent, audit and examine the books and records of the Commission.
(2) The Commission may not be required to pay the cost of the audit or examination under paragraph (1) of this subsection.
Md. Code, Public Utilities § 17-402
The Commission may not discriminate against a person on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, family responsibilities, or national origin.
Md. Code, Public Utilities § 17-402.1
§17–402.1.
(a) (1) The Commission may not enter into a contract unless the contract contains a provision obliging the contractor:
(i) not to discriminate in any manner against an employee or an applicant for employment on the basis of sex, race, creed, color, age, mental or physical disability, sexual orientation, religion, marital status, gender identity, genetic information, or national origin; and
(ii) to include a similar nondiscrimination provision in all subcontracts.
(2) (i) If the nondiscrimination provision is omitted from a contract or subcontract, the Commission shall provide the contractor a reasonable opportunity to cure the defect, subject to this section.
(ii) If the contractor fails to cure the defect:
1. the Commission may declare the contract to be void; and
2. the contractor is entitled to the reasonable value of work performed and materials provided by the contractor.
(iii) If the contractor cures the defect, the contract remains in force according to its revised terms.
(b) (1) In accordance with this section, the Commission may compel a contractor to continue to perform under a contract if:
(i) the contractor willfully fails to comply with the requirements of a nondiscrimination provision; and
(ii) the contract is partially executory.
(2) If the Commission compels performance under this subsection, the Commission:
(i) is liable for no more than the reasonable value of work performed and materials provided by the contractor after the date on which the breach of contract was or should have been discovered; and
(ii) shall deduct any money that has been paid under the contract from the money that comes due under item (i) of this paragraph.
(c) (1) If a subcontractor willfully fails to comply with the requirements of a nondiscrimination provision, the contractor may declare the subcontract to be void.
(2) If a contractor declares a subcontract to be void under this subsection, the contractor is liable for no more than the reasonable value of work performed or materials provided by the subcontractor.
Md. Code, Public Utilities § 17-403
(a) (1) Except as otherwise provided by this division, the Commission may adopt regulations to carry out the provisions of this division and any other laws the administration and enforcement of which are vested in the Commission.
(2) The Commission may:
(i) limit or regulate the use and supply of water service and sanitary sewer service on a temporary basis in any area or to any premises served by the Commission’s facilities, as the needs of the occasion and the protection of the Commission’s systems require;
(ii) adopt regulations that the Commission considers necessary for the public safety, health, comfort, or convenience in the construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of the Commission’s water system and sanitary sewer system; and
(iii) establish the forms of permits and specify the nature, type, and amount of information, detail, and engineering data that a person must submit to the Commission for any permit authorized or required by this division.
(b) Except for the immediate preservation of the public health and safety or for emergency provisions required to protect the Commission’s systems, the Commission shall publish a notice of any new regulation that is authorized by this section at least 30 days before its effective date in at least one newspaper of general circulation in each county of the sanitary district.
(c) A regulation adopted by the Commission under this section has the force and authority of law.
Md. Code, Public Utilities § 17-404
(a) The Commission may:
(1) adopt regulations for the installation of fuel gas piping, appliances, appurtenances, and connections from the point of service supplying any premises in the sanitary district; and
(2) require a permit and charge a fee for the installation of fuel gas piping, appliances, appurtenances, and connections.
(b) The Commission shall publish a notice of any new regulation that is authorized by this section at least 30 days before its effective date in at least two newspapers of general circulation in each county of the sanitary district.
(c) A person may not violate a regulation adopted under this section.
Md. Code, Public Utilities § 17-405
(a) Under the authority granted to the Commission under § 17–403 of this subtitle, the Commission may adopt regulations governing all publicly owned watershed property acquired by or under the jurisdiction of the Commission.
(b) (1) The Commission shall post the watershed regulations at each public recreation site in the watershed areas.
(2) The Commission shall publish the watershed regulations at least 30 days before their adoption in at least one newspaper of general circulation in each county of the sanitary district.
(3) (i) The posting and publication of the watershed regulations is sufficient notice.
(ii) The sworn certificate of a commissioner as to the posting and publication of the watershed regulations is prima facie evidence of posting and publication.
Md. Code, Public Utilities § 17-406
(a) The Commission may adopt regulations governing:
(1) erosion and sediment control for utility construction under authority of § 17–403 of this subtitle and § 4–105 of the Environment Article, after review and approval of the proposed regulations by the soil conservation districts of Montgomery County and Prince George’s County and the Department of Natural Resources;
(2) sewer cleaning under authority of § 24–201 of this article;
(3) plumbing under authority of § 17–403 of this subtitle and §§ 24–106, 26–102, and 26–204 of this article;
(4) gas fitting under authority of § 17–404 of this subtitle;
(5) required permits for public utility construction under authority of §§ 27–101 and 27–107 of this article; and
(6) the Commission Pretreatment Program under authority of § 17–403 of this subtitle and § 9–332 of the Environment Article.
(b) (1) The Commission shall publish the regulations as provided under § 17–403(b) of this subtitle.
(2) The sworn certificate of a commissioner as to the publication of the regulations is prima facie evidence of publication.
Md. Code, Public Utilities § 17-407
(a) (1) Except as provided in subsection (b) of this section, in accordance with its regulations, the Commission may pay for actual property damage caused by:
(i) a sanitary sewer backup; or
(ii) a water main break on or after October 1, 1999.
(2) Payment made by the Commission under this section is not an admission of liability.
(b) The Commission may not pay for actual property damage caused by a sanitary sewer backup or water main break if the sanitary sewer backup, water main break, or resulting damage from the backup or break was caused by an intentional act or negligence of the owner or tenant of the property.
Md. Code, Public Utilities § 17-408
(a) Unless the Commission takes precautions to make a composting facility free of offensive off–site odors, the Commission may not construct the facility in an area that has more than 100 homes that are located within 5 miles of the facility.
(b) The Commission shall adopt regulations that provide standards for the construction and operation of a composting facility that is free of offensive off–site odors.
(c) If the Commission does not control and eliminate any offensive off–site odor that is caused by a composting facility that is constructed after July 1, 1986, the Commission shall close the facility within 4 months after the date the offensive off–site odor is emitted from the facility.
(d) If a composting facility is closed for failure to meet any standards adopted by the Commission under this section, Montgomery County shall select an alternative method or location for the disposition of sludge located at the closed facility.
Md. Code, Public Utilities § 17-501
The sanitary district is composed of those parts of Montgomery County and Prince George’s County that are described in Chapter 766 of the Acts of the General Assembly of 1982.
Md. Code, Public Utilities § 17-601
(a) In this subtitle the following words have the meanings indicated.
(b) (1) “Abuse” means an employee’s intentional misconduct or misuse of authority or position:
(i) involving Commission property or funds that is improper or deficient when compared to conduct a prudent person would consider reasonable under the same facts and circumstances; or
(ii) for the purpose of furthering improperly the private interests of the employee, a family member, or a close personal or business associate.
(2) “Abuse” includes:
(i) theft or misappropriation of Commission property or funds; and
(ii) destruction or alteration of official records.
(c) (1) “Fraud” means an intentional act or attempt to obtain something of value from the Commission or another person through willful misrepresentation.
(2) “Fraud” includes a willful false representation of a material fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, that causes the Commission to act, or fail to act, to the detriment of the Commission’s interest.
(d) “Office” means the Office of the Inspector General.
(e) “Vendor” means a party obligated by contract or subcontract to provide goods, services, or property to the Commission for consideration, including contracts and subcontracts for construction and professional services related to construction.
(f) (1) “Waste” means an inappropriate act or omission by an employee with control over, or access to, Commission property or funds that unreasonably deprives the Commission of value.
(2) “Waste” includes mismanagement or other unintentional conduct that is deficient or improper when compared to conduct a prudent person would consider necessary to preserve the value of Commission property or funds under the same facts and circumstances.
Md. Code, Public Utilities § 17-602
There is an Office of the Inspector General in the Commission.
Md. Code, Public Utilities § 17-603
(a) (1) The Commission shall appoint the inspector general.
(2) (i) The Commission shall select the inspector general:
1. solely on the basis of professional ability and personal integrity; and
2. without regard to political affiliation.
(ii) The inspector general shall be qualified professionally by experience or education in auditing, government operations, or financial management.
(3) The Commission shall select the inspector general from a list of recommended candidates prepared by the appointment committee under subsection (b) of this section by an affirmative vote of not less than four commissioners.
(b) (1) The Commission shall establish an appointment committee whenever the position of inspector general is vacant.
(2) The appointment committee shall review potential candidates for appointment as inspector general and shall recommend candidates to the Commission.
(3) (i) The appointment committee consists of:
1. one commissioner from Montgomery County;
2. one commissioner from Prince George’s County;
3. one member of the public selected by the Montgomery County Council; and
4. one member of the public selected by the Prince George’s County Council.
(ii) A member of the appointment committee who is a member of the public shall possess:
1. advanced education and experience in the management of governmental entities that are comparable to the Commission in scope and complexity;
2. demonstrated knowledge and experience in the application of:
A. generally accepted government auditing standards; and
B. internal control systems; and
3. an understanding of the appropriate functions of an appointment committee.
(iii) A member of the appointment committee who is a member of the public may possess demonstrated knowledge and experience in the application of:
1. sustainable financial management practices for public entities; and
2. public accountability.
(iv) A member of the appointment committee who is a member of the public may not have any other business or close personal relationships with the Commission or its officers, managers, or employees.
(4) (i) The appointment committee shall initially prepare a list of at least three and not more than six candidates to recommend for appointment as inspector general and submit the list to the Commission.
(ii) 1. If the Commission is unable to select an inspector general from the list prepared by the appointment committee, the appointment committee shall prepare one or more additional lists of recommended candidates as needed until the Commission makes a final appointment of an inspector general.
2. The additional lists prepared under this subparagraph may contain any number of candidates.
(5) (i) On completion of the final appointment of an inspector general, the appointment committee is terminated.
(ii) The Commission shall establish a new appointment committee whenever there is a vacancy in the position of inspector general.
(c) (1) The term of the inspector general is 5 years beginning on the date of appointment.
(2) An individual may not serve as inspector general for more than three terms.
(3) The inspector general may not participate in the merit system adopted by the Commission under Title 18, Subtitle 1 of this article, but:
(i) the inspector general may participate in any employee benefits program the Commission offers on the same terms and conditions as it is offered generally to an employee participating in the merit system; and
(ii) the Commission may offer to an individual appointed as inspector general any supplemental employee benefit programs the Commission determines are necessary to recruit and retain an employee who does not participate in the merit system.
(4) (i) The Commission may remove the inspector general by resolution adopted by the affirmative vote of not less than two of its three members from each county for neglect of duty, malfeasance, conviction of a felony, or other good cause.
(ii) Before the Commission may adopt a resolution of removal, the Commission or a designee of the Commission must hold a public hearing if the inspector general requests a hearing within 10 days after the inspector general receives notice of proposed removal from the Commission.
(5) The inspector general shall discharge the duties of office on a full–time basis and with no secondary employment of any nature during the inspector general’s term.
(d) (1) Subject to budget authorization, applicable law, and the personnel regulations of the Commission, the inspector general may select as subordinate staff of the Office one or more:
(i) temporary term employees who do not participate in the merit system adopted by the Commission under Title 18, Subtitle 1 of this article; and
(ii) other employees who participate in the merit system.
(2) Notwithstanding any provision of the personnel regulations to the contrary, an auditor, an accountant, an investigator, or a similar professional employee appointed as subordinate staff of the Office shall be subject to dismissal by the inspector general only for neglect of duty, malfeasance, conviction of a felony, or other good cause.
(e) Subject to budget authorization and the applicable procurement regulations, the inspector general may retain consultants by contract.
Md. Code, Public Utilities § 17-604
(a) The inspector general may:
(1) investigate mismanagement, misconduct, fraud, waste, and abuse at the Commission; and
(2) conduct an annual audit of the Commission as needed.
(b) If the inspector general conducts an audit under subsection (a)(2) of this section, the inspector general shall submit to the Commission and the county executives of Montgomery County and Prince George’s County a copy of the audit and a summary of the reports and investigations made by the inspector general in accordance with this section.
(c) The Commission may include any audit by the inspector general in the audit of the Commission published under § 17–401 of this title.
Md. Code, Public Utilities § 17-605
(a) The Office shall:
(1) assist the Commission by providing independent evaluation and recommendations regarding opportunities to:
(i) preserve the Commission’s reputation; and
(ii) improve the effectiveness, productivity, or efficiency of Commission programs, policies, practices, and operations;
(2) ensure public accountability by preventing, investigating, and reporting instances of fraud, waste, and abuse of Commission property or funds;
(3) examine, evaluate, and report on the adequacy and effectiveness of the systems of internal controls and their related accounting, financial, technology, and operational policies;
(4) report noncompliance with and propose ways to improve employee compliance with applicable law, policy, and ethical standards of conduct;
(5) conduct audits as required under § 25–405 of this article; and
(6) conduct other audits related to the operation of the Commission.
(b) In developing recommendations, the Office may:
(1) conduct administrative investigations, budgetary analyses, and financial, management, or performance audits and similar reviews;
(2) provide management advisories; and
(3) utilize the assistance from any other government agency or private party to complete a project initiated by the Office.
(c) When applicable, the inspector general shall comply with generally accepted government auditing standards.
(d) (1) Except as provided in paragraph (2) of this subsection, the inspector general shall submit written reports to the Commission for publication on the Commission’s website.
(2) The inspector general:
(i) may not disclose any record, report, or related information that is protected from disclosure under the Public Information Act;
(ii) may provide an oral report if appropriate under generally accepted government auditing standards; and
(iii) shall establish and follow procedures for safeguarding the identity of confidential sources and protecting privileged and confidential information.
(3) The Commission shall publish with any report submitted by the inspector general any official written comments or responses offered by the Commission’s management.
(4) The inspector general shall also submit to the Commission for publication on the Commission’s website periodic reports that summarize the activities, findings, recommendations, and accomplishments of the Office.
(e) If reasonable grounds exist to believe that a serious violation of federal, State, or local law or Commission regulations has occurred, the inspector general shall report the allegation to:
(1) an appropriate law enforcement agency;
(2) the State Ethics Commission;
(3) the Commission Board of Ethics; or
(4) any other agency with jurisdiction to enforce the law.
(f) The Commission shall adopt regulations to ensure that the Office operates independently from the management of the Commission.
Md. Code, Public Utilities § 17-606
(a) (1) The inspector general shall consult with the Commission to develop a written work plan and establish periodic goals and priorities for the Office based on an assessment of relative risks.
(2) In developing the work plan, the inspector general shall take into consideration requests from commissioners, Commission officers, managers, and employees, elected officials, and members of the public.
(3) The inspector general shall make the written work plan available to the public, subject to the Public Information Act.
(b) (1) In performing the duties authorized under this subtitle, the inspector general shall coordinate with law enforcement agencies, agency personnel administrators, the State Ethics Commission, the Commission Board of Ethics, and other internal officials or external entities as appropriate to avoid unnecessary disruption or duplication of effort in conducting any audit, analysis, or administrative investigation.
(2) The Commission Board of Ethics shall have primary authority for investigations of abuse related to actions specified in § 17–601(b)(1)(ii) of this subtitle.
Md. Code, Public Utilities § 17-607
(a) (1) The Commission shall include in the Commission’s annual operating budget proposal the amounts recommended for the Office.
(2) The budget authorization for the Office shall be approved independently and without the involvement of Commission staff.
(b) Subject to budget authorization and adequate funds:
(1) the Commission’s general counsel shall provide legal services to the inspector general and may employ special counsel if appropriate or required by law; and
(2) the inspector general may employ and be represented by a special legal counsel without consent of the general counsel if the Commission approves of a request after considering any recommendation or comment offered by the general counsel relating to the request.
Md. Code, Public Utilities § 17-608
(a) (1) On request from the inspector general, a Commission employee or official shall promptly provide to the inspector general any available document or other information concerning Commission operations, budget, programs, or vendor contracts.
(2) (i) The inspector general shall notify the Commission chair, vice chair, and general manager if any Commission employee or official fails to provide any information or document requested under this subsection with reasonable promptness.
(ii) The Commission chair, vice chair, or general manager shall take administrative action to produce compliance with a pending request for information by the inspector general as warranted and appropriate.
(b) (1) A vendor of the Commission shall provide to the inspector general any available document or other information concerning any Commission vendor contract, including documents related to the procurement of the contract.
(2) (i) The inspector general shall promptly notify Commission officers if any vendor fails to provide any information or document requested under this subsection with reasonable promptness.
(ii) The Commission officers shall take appropriate administrative or civil action to produce vendor compliance with a pending request for information by the inspector general.
(c) (1) Each Commission employee should report any fraud, waste, or abuse to the Office.
(2) A Commission employee, vendor, or employee of any vendor may not be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the inspector general and staff of the Office in connection with any activity authorized under this subtitle.
(3) The inspector general may not disclose the identity of a person that reports an allegation of fraud, waste, or abuse unless:
(i) the reporting person consents to disclosure of the person’s identity;
(ii) disclosure is reasonably necessary to complete an audit or investigation; or
(iii) another person is legally entitled to disclosure of the identity of the reporting person.
(d) The inspector general or a staff member authorized by the inspector general may administer an oath or affirmation or take an affidavit from any person if necessary to perform the duties under this subtitle.
(e) The Commission may adopt regulations to carry out this section.
Md. Code, Public Utilities § 17-609
(a) The inspector general, or a staff member authorized by the inspector general, may administer oaths and take depositions and other testimony for the purpose of investigating fraud, waste, or abuse within the Commission.
(b) The inspector general may subpoena any person or evidence for the purpose of investigating fraud, waste, or abuse within the Commission.
(c) If a person fails to comply with a lawful order or subpoena issued under this section, on petition of the inspector general, a court of competent jurisdiction may compel:
(1) compliance with the order or subpoena; or
(2) testimony or the production of evidence.
Md. Code, Public Utilities § 17-610
(a) (1) On or before June 1, 2026, and every 3 years thereafter, the Office shall undergo an external, independent peer review to assess whether the Office’s quality control system is effectively designed and operating in compliance with generally accepted government auditing standards.
(2) To the extent practicable, the initial peer review conducted in accordance with subsection (a) of this section shall include:
(i) a review of whether the Office is sufficiently independent of the Commission and Commission staff; and
(ii) an analysis of whether additional reviews and reports, including those evaluating the effectiveness of the Commission’s internal controls over finances, operations, and compliance activities, would help achieve the duties of the Office.
(b) (1) The Office shall submit the results of the peer review conducted under subsection (a) of this section to:
(i) the county councils of Montgomery County and Prince George’s County;
(ii) in accordance with § 2–1257 of the State Government Article, the members of the Montgomery County and Prince George’s County delegations to the General Assembly; and
(iii) the Commission.
(2) The Commission shall publish each peer review conducted under this section on the Commission’s website.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026