Md. Code, Environment § 9-291 — MD Code / Article gen / Title 9 / Subtitle 2 / Section 9-291
§9–291.
Status: in_force

(a) In this section, “Coordinating Committee” means the Statewide Coal Combustion By–Products Coordinating Committee.

(b) There is a Statewide Coal Combustion By–Products Coordinating Committee.

(c) The Coordinating Committee consists of the following members:

(1) The Secretary, or the Secretary’s designee;

(2) One representative of the Commission on Environmental Justice and Sustainable Communities;

(3) One representative of the Power Plant Research Program in the Department of Natural Resources; and

(4) Three members, appointed by the Secretary, each with technical expertise in one of the following subjects:

(i) Coal combustion by–products;

(ii) Public health; and

(iii) Water quality.

(d) The Secretary shall designate the chair of the Coordinating Committee.

(e) The Department and the Power Plant Research Program in the Department of Natural Resources shall jointly provide staff for the Coordinating Committee.

(f) A member of the Coordinating Committee:

(1) May not receive compensation as a member of the Coordinating Committee; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Coordinating Committee shall:

(1) Beginning in 2026, meet at least twice a year, at the times and places that the Coordinating Committee determines; and

(2) With respect to coal combustion by–product sites:

(i) Share information on monitoring results; and

(ii) Discuss remedial action that is in process, that is still required, or both.

(h) On or before October 1, 2026, and each October 1 thereafter, the Coordinating Committee shall report its findings during the immediately preceding calendar year to the Senate Committee on Education, Energy, and the Environment and the House Environment and Transportation Committee, in accordance with § 2–1257 of the State Government Article.
Md. Code, Environment § 9-257 — MD Code / Article gen / Title 9 / Subtitle 2 / Section 9-257
§9–257.
Status: in_force

(a) Except as provided in subsection (b) of this section:

(1) If the Secretary finds that the water or ice from any source is or is likely to become dangerous to health, the Secretary shall order that the source of water or ice be closed; and

(2) If the Secretary finds that any discharge of sewage or any method of disposal of sewage or refuse is or is likely to become prejudicial to health or comfort, the Secretary shall order that the point of sewage discharge be abandoned or the method of disposal be discontinued.

(b) If the Secretary finds that the conditions found under subsection (a) of this section can be remedied sufficiently and practicably by installing any work or device or by taking any other remedial measure, the Secretary may order that:

(1) The work or device be installed; or

(2) The remedial measure be taken.

(c) If the Secretary condemns a water supply system, sewerage system, or refuse disposal system, the Secretary may order the owner to make arrangements that will prevent the operation of the system.

(d) Any order issued under this section shall set a reasonable time for compliance.
Md. Code, Environment § 9-1605.1 — MD Code / Article gen / Title 9 / Subtitle 16 / Section 9-1605.1
§9–1605.
Status: reserved

§9–1605.1.

(a) (1) There is a Maryland Drinking Water Revolving Loan Fund. The Drinking Water Loan Fund shall be maintained and administered by the Administration in accordance with the provisions of this subtitle and such rules or program directives as the Secretary or the Board may from time to time prescribe.

(2) The Drinking Water Loan Fund is a special, continuing, nonlapsing fund which is not subject to § 7–302 of the State Finance and Procurement Article and which shall be available in perpetuity for the purpose of providing financial assistance in accordance with the provisions of this subtitle and the federal Safe Drinking Water Act.

(3) Subject to the provisions of any applicable bond resolution regarding the holding or application of amounts in the Drinking Water Loan Fund, the Treasurer shall separately hold, and the Comptroller shall account for, the Drinking Water Loan Fund.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, and subject to the provisions of any applicable bond resolution governing the investment of amounts in the Drinking Water Loan Fund, the Drinking Water Loan Fund shall be invested and reinvested in the same manner as other State funds.

(ii) The Administration, in cooperation with the Treasurer, may establish a linked deposit program to carry out the purposes of this subtitle and the federal Safe Drinking Water Act.

(5) Any investment earnings shall be retained to the credit of the Drinking Water Loan Fund.

(6) The Drinking Water Loan Fund shall be subject to audit by the Office of Legislative Audits as provided for in § 2–1220 of the State Government Article.

(7) The Administration shall operate the Drinking Water Loan Fund in accordance with §§ 9–1616 through 9–1621, inclusive, of this subtitle.

(b) There shall be deposited in the Drinking Water Loan Fund:

(1) Federal grants and awards or other federal assistance received by the State for the purpose of making loans to borrowers for water supply systems and any funds transferred from the Water Quality Fund pursuant to § 302 of the federal Safe Drinking Water Act;

(2) Funds appropriated by the General Assembly for deposit to the Drinking Water Loan Fund;

(3) Payments received from borrowers for deposit to the Drinking Water Loan Fund in repayment of a loan, including amounts withheld by the State Comptroller and paid to the Administration pursuant to a pledge made by a borrower under § 9–1606(d) of this subtitle or § 7–222 of the State Finance and Procurement Article;

(4) Net proceeds of bonds issued by the Administration;

(5) Interest or other income earned on the investment of moneys in the Drinking Water Loan Fund; and

(6) Any additional moneys made available from any sources, public or private, for the purposes for which the Drinking Water Loan Fund has been established.

(c) (1) The Administration may establish accounts and subaccounts within the Drinking Water Loan Fund to:

(i) Effectuate the purposes of this subtitle;

(ii) Comply with the provisions of any bond resolution;

(iii) Meet the requirements of any federal law, or of any federal grant or award to the Drinking Water Loan Fund; or

(iv) Meet any rules or program directives established by the Secretary or the Board.

(2) (i) The Administration shall establish a technical assistance subaccount within the Drinking Water Loan Fund.

(ii) Federal funds deposited in the Drinking Water Loan Fund for the purpose of providing technical assistance to small drinking water systems, as defined under the federal Safe Drinking Water Act, shall be distributed to the technical assistance subaccount.

(iii) The technical assistance subaccount may be used to provide financial assistance to entities specified in subparagraph (iv) of this paragraph for the purpose of providing technical assistance to small drinking water systems, with priority given to entities providing technical assistance for small drinking water systems in disadvantaged communities or communities disproportionately burdened by environmental harms and risks, including financial assistance for:

1. Assessing risks from water pipes made from lead;

2. Supporting the development of lead pipe inventories;

3. Supporting the development of an application for financial assistance under the Drinking Water Loan Fund; and

4. Supporting the development of a financing plan under the Drinking Water Loan Fund.

(iv) The following entities are eligible to receive financial assistance under this paragraph:

1. A small drinking water system, as defined under the federal Safe Drinking Water Act;

2. A multijurisdictional entity; or

3. A nonprofit organization working with a rural, small, tribal, or disadvantaged community.

(d) Amounts in the Drinking Water Loan Fund may be used only:

(1) To make loans at or below market rates on the condition that:

(i) The local government borrower will establish a dedicated source of revenue;

(ii) In the case of a water supply system owned by a borrower other than a local government, the borrower shall provide adequate security for the repayment of the loan;

(iii) The Drinking Water Loan Fund will be credited with all payments of the loan;

(iv) The loans are made at terms not to exceed:

1. 30 years; or

2. With respect to disadvantaged communities as defined in the federal Safe Drinking Water Act, the lesser of 40 years after project completion or the design life of the project; and

(v) Annual principal and interest payments will commence not later than 18 months after completion of any drinking water facility and all loans will be fully amortized on the expiration of the term of the loan;

(2) To buy or refinance debt obligations of local governments issued by a local government for the purposes of financing all or a portion of the cost of a water supply system at or below market rates, if such debt obligations were incurred after July 1, 1993;

(3) To guarantee or purchase insurance for bonds, notes, or other evidences of indebtedness issued by a local government for the purposes of financing all or a portion of the cost of a water supply system, if such action would improve credit market access or reduce interest rates;

(4) As a source of revenue or security for the payment of principal and interest on bonds issued by the Administration if the proceeds of the sale of such bonds will be deposited in the Drinking Water Loan Fund;

(5) To earn interest on Drinking Water Loan Fund accounts;

(6) For the reasonable costs of administering the Drinking Water Loan Fund and conducting activities under any federal law that may apply to federal deposits to the Drinking Water Loan Fund;

(7) To establish a linked deposit program for loans in accordance with this subtitle and the federal Safe Drinking Water Act, including loans for:

(i) Controlling nonpoint sources of pollution and protecting the quality of State waters;

(ii) Protecting or acquiring forests or wetlands by fee or easement; or

(iii) Restoring forests;

(8) For loan subsidies for disadvantaged communities as provided by the federal Safe Drinking Water Act, including but not limited to loan forgiveness, provided that such loan subsidies comply with the limitations and requirements set forth in the federal Safe Drinking Water Act and any federal appropriations or authorization acts;

(9) To establish a sponsorship program that allows a local government to serve as the primary borrower and receive a loan for a publicly owned water supply system at a reduced interest rate if the loan also includes financing for a sponsored nonpoint source project managed by an organization;

(10) With respect to any federal funds deposited in the Drinking Water Loan Fund, to prioritize support for local governments, community water systems, and other eligible partners by:

(i) Serving as a guarantee for long–term pay–for–success contracts for the purchase of environmental outcomes that provide water quality benefits;

(ii) Supporting the delineation, assessment, or updated assessment of source water protection areas and the implementation of well head protection programs, including through grants and technical assistance; or

(iii) Supporting loans and loan guarantees for the protection of source water areas or the Chesapeake and Atlantic Coastal Bays watersheds through property acquisitions or easements for the purpose of controlling nonpoint sources of pollution;

(11) To support multiyear initiatives authorized under Title 8, Subtitle 2A of the Natural Resources Article that also involve funding from the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund;

(12) To provide financial assistance to disadvantaged communities as defined in the federal Safe Drinking Water Act in the form of planning phase grants or design phase grants;

(13) For any other purpose authorized for any federal funds deposited in the Drinking Water Loan Fund including, without limitation, any purpose authorized by the federal Safe Drinking Water Act, including source water protection expenditures eligible for assistance from the Drinking Water Loan Fund; and

(14) To provide financial assistance in the form of grants, negative interest loans, forgiveness of principal, subsidized interest rates, and any other form of financial assistance as authorized or required by:

(i) The American Recovery and Reinvestment Act of 2009, as may be amended and supplemented;

(ii) §§ 302 and 1452 of the federal Safe Drinking Water Act;

(iii) Title VI of the Federal Water Pollution Control Act; or

(iv) Federal appropriations or authorization acts.

(e) In creating an intended use plan for the Drinking Water Loan Fund, the Administration shall prioritize opportunities to provide assistance to disadvantaged communities or communities disproportionately burdened by environmental harms and risks and support innovative financing partnerships to address environmental justice issues as defined in § 1–701 of this article, including through investment in:

(1) Water infrastructure loans designed to ensure fairer and more just opportunities to improve community health through better water service;

(2) Municipal consolidation efforts under § 9–707 of this title;

(3) Toxic lead service line replacement; and

(4) Green infrastructure that contributes to improved water quality and remediates or mitigates environmental and health hazards in disadvantaged communities or communities disproportionately burdened by environmental harms and risks.

(f) The costs of administering the Drinking Water Loan Fund shall be paid from federal grants and awards, from bond sale proceeds, and from amounts received from borrowers pursuant to loan agreements, and may not be paid from any State money appropriated to the Drinking Water Loan Fund, except general funds of the State used to match federal grants and awards to the Drinking Water Loan Fund.
Md. Code, Tax - Property § 9-258 — MD Code / Article gtp / Title 9 / Subtitle 2 / Section 9-258
§9–258.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Dwelling” has the meaning stated in § 9–105 of this title.

(3) “Eligible individual” means:

(i) an individual who is at least 65 years old;

(ii) an individual who is at least 65 years old and is a retired service member;

(iii) a surviving spouse, who is at least 65 years old and has not remarried, of a retired service member;

(iv) an individual who:

1. is an active duty, retired, or honorably discharged service member; and

2. has a service–connected disability as defined in a local law enacted under this section; or

(v) a surviving spouse of an individual described under item (iv) of this paragraph who has not remarried.

(b) The Mayor and City Council of Baltimore City or the governing body of a county or municipal corporation may grant, by law, a property tax credit under this section against the county or municipal corporation property tax imposed on the dwelling of an eligible individual.

(c) The Mayor and City Council of Baltimore City or the governing body of a county or municipal corporation may provide, by law, for:

(1) the amount and duration of the property tax credit under this section;

(2) the maximum assessed value of a dwelling that is eligible for the tax credit under this section;

(3) the minimum number of years, not to exceed 40 years, that an eligible individual not described under subsection (a)(3)(ii), (iii), or (iv) of this section must have resided in the same dwelling;

(4) criteria that define a service–connected disability of an eligible individual described under subsection (a)(3)(iv) of this section;

(5) additional eligibility criteria for the tax credit under this section;

(6) regulations and procedures for the application and uniform processing of requests for the tax credit; and

(7) any other provision necessary to carry out the tax credit under this section.
Md. Code, Criminal Law § 9-417 — MD Code / Article gcr / Title 9 / Subtitle 4 / Section 9-417
§9–417.
Status: in_force

(a) This section does not apply to a work release or prerelease program in Montgomery County established under § 11–717 of the Correctional Services Article.

(b) (1) A person may not deliver or attempt to deliver a telecommunication device, telecommunication device charger, or subscriber identification module (SIM) card to a person detained or confined in a place of confinement with signs posted indicating that such conduct is prohibited.

(2) A person may not possess a telecommunication device, telecommunication device charger, or SIM card with the intent to deliver it to a person detained or confined in a place of confinement with signs posted indicating that such conduct is prohibited.

(3) A person may not deposit or conceal a telecommunication device, telecommunication device charger, or SIM card in or about a place of confinement with signs posted indicating that such conduct is prohibited or on any land appurtenant to the place of confinement with the intent that it be obtained by a person detained or confined in the place of confinement.

(4) A person detained or confined in a place of confinement may not knowingly possess or receive a telecommunication device, telecommunication device charger, or SIM card.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $3,000 or both.

(d) A sentence imposed for a violation of subsection (b)(4) of this section shall be consecutive to any sentence that the person was serving at the time of the crime or that had been imposed but was not yet being served at the time of sentencing.
Md. Code, Health Occupations § 9-3A-15 — MD Code / Article gho / Title 9 / Subtitle 3A / Section 9-3A-15
§9–3A–15.
Status: in_force

(a) Except as provided in this section for an action under § 9–3A–12 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) Any person aggrieved by a final decision of the Board under § 9–3A–12 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.

(c) An order of the Board may not be stayed pending judicial review.
Md. Code, Alcoholic Beverages and Cannabis § 9-2802 — MD Code / Article gab / Title 9 / Subtitle 28 / Section 9-2802
§9–2802.
Status: in_force

A person who violates a provision of this article for which no other penalty is provided is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
Md. Code, Environment § 9-210 — MD Code / Article gen / Title 9 / Subtitle 2 / Section 9-210
§9–210.
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, the Secretary may not issue a permit to install, materially alter, or materially extend a refuse disposal system regulated under § 9-204(a) of this subtitle until the requirements set forth in this subsection are met in the following sequence:

(1) Except for the opportunity for a public informational meeting, the Department has completed its preliminary phase 1 technical review of the proposed refuse disposal system;

(2) The Department has reported the findings of its preliminary phase 1 technical review, in writing, to the county’s chief elected official and planning commission of the county where the proposed refuse disposal system is to be located; and

(3) The county has completed its review of the proposed refuse disposal system, and has provided to the Department a written statement that the refuse disposal system:

(i) Meets all applicable county zoning and land use requirements; and

(ii) Is in conformity with the county solid waste plan.

(b) Upon completion of the requirements of subsection (a)(1) and (2) of this section, the Department shall cease processing the permit application until the requirements of subsection (a)(3) of this section are met.

(c) (1) The Secretary may not issue a permit for a rubble landfill under § 9-204(a) of this subtitle unless the county in which the rubble landfill is located has specified the types of waste that may be disposed of in that rubble landfill in its county solid waste management plan under Subtitle 5 of this title.

(2) The types of waste that a county may allow to be disposed of in a rubble landfill under this section include:

(i) Trees;

(ii) Land clearing debris that is not a controlled hazardous substance as defined in Title 7, Subtitle 2 of this article;

(iii) Demolition debris that is not a controlled hazardous substance as defined in Title 7, Subtitle 2 of this article; and

(iv) Construction debris that is not a controlled hazardous substance as defined in Title 7, Subtitle 2 of this article.

(3) The following types of waste may be disposed of in a rubble landfill subject to the regulations adopted under this subtitle if the disposal of these wastes is expressly approved by the county in its county solid waste management plan:

(i) Asbestos, if:

1. The asbestos is wet or otherwise in accordance with federal national emission standards for hazardous air pollution when delivered to the landfill; and

2. The owner or operator of the landfill retains a record that clearly delineates where the asbestos has been deposited;

(ii) White goods; and

(iii) Subject to § 9-228(f) of this subtitle, scrap tires.
Md. Code, Environment § 9-303.4 — MD Code / Article gen / Title 9 / Subtitle 3 / Section 9-303.4
§9–303.
Status: in_force

§9–303.4.

(a) There is a Reservoir Augmentation Program in the Department.

(b) Except as provided in this section, a person may not perform reservoir augmentation.

(c) Subject to the provisions of this section, the Department may issue, modify, or renew a reservoir augmentation permit if the Department finds that:

(1) The treatment process will meet or surpass standards established by the Department before water enters the reservoir;

(2) The treatment process will meet or surpass standards established by the Department before water enters the distribution system; and

(3) The applicant agrees to provide the Department the right of entry on the permit site at any reasonable time to inspect or investigate for a violation or potential violation of the reservoir augmentation permit.

(d) The Department may include in a reservoir augmentation permit any term, condition, or requirement that the Department deems appropriate to protect public health or the environment.

(e) The provisions of Title 1, Subtitle 6 of this article shall govern the issuance of reservoir augmentation permits.

(f) (1) A person shall obtain, on written application to the Department, a permit from the Department to perform reservoir augmentation.

(2) An application for a reservoir augmentation permit shall include:

(i) Except as provided in paragraph (3) of this subsection, a feasibility study showing the purpose and the need for the reservoir augmentation project, including:

1. A description and technical analysis of the reservoir augmentation project and alternative options; and

2. The costs associated with the reservoir augmentation project and alternative options; and

(ii) Any additional information requested by the Department.

(3) A feasibility study is not required for a reservoir augmentation project that was previously approved by the Department under the Indirect Potable Reuse Pilot Program.

(g) The Department may refuse to issue a reservoir augmentation permit if:

(1) The applicant fails to provide any information requested by the Department;

(2) The applicant fails or refuses to allow the Department to inspect the permit site;

(3) The source of the reclaimed water fails to comply with any State or federal law, regulation, or permit;

(4) The Department finds that the issuance of the reservoir augmentation permit would violate any State or federal law or any regulation adopted under State or federal law; or

(5) The applicant fails or refuses to pay the application fee established under subsection (j) of this section.

(h) The Department may not issue a reservoir augmentation permit for a term longer than 5 years.

(i) The Department may revoke a reservoir augmentation permit if the Department finds that:

(1) The application included false or inaccurate information;

(2) Conditions or requirements of the reservoir augmentation permit have been or are about to be violated;

(3) Substantial deviation from plans, specifications, or requirements has occurred or is about to occur;

(4) The Department is refused entry to any premises for the purpose of evaluating compliance with the reservoir augmentation permit;

(5) A change in conditions exists that requires the temporary or permanent reduction or elimination of the use of reclaimed water;

(6) There is noncompliance with a discharge permit or pretreatment regulation adopted by the Department that may affect the reclaimed water;

(7) Any requirement established under the federal Safe Drinking Water Act, Subtitle 4 of this title, or Title 12 of this article has been or is threatened to be violated; or

(8) The reclaimed water may threaten public health, safety, comfort, or the environment.

(j) (1) The Department shall adopt regulations that establish:

(i) The standards for reservoir augmentation; and

(ii) The application, issuance, revocation, and modification of a reservoir augmentation permit.

(2) The regulations adopted under this section shall set a reasonable application fee in an amount designed to cover the cost of issuing and administering a reservoir augmentation permit under the Program.

(k) All revenues collected by the Department under this section, including application fees, permit fees, renewal fees, or any administrative penalty, civil penalty, or any fine imposed by a court for violations of this section, shall be distributed to a special fund, to be used only for the operation and oversight of the Reservoir Augmentation Program.

(l) On or before December 31, 2035, and every 5 years thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of the Reservoir Augmentation Program.
Md. Code, Environment § 9-353 — MD Code / Article gen / Title 9 / Subtitle 3 / Section 9-353
§9–353.
Status: in_force

(a) In this part the following words have the meanings indicated.

(b) (1) “Industrial user” means:

(i) A person who is engaged in manufacturing, fabricating, or assembling goods; or

(ii) A member of any class of significant producers of pollutants identified under regulations adopted by:

1. The Secretary; or

2. The Administrator of the U.S. Environmental Protection Agency.

(2) “Industrial user” does not include the federal, State, and local governments.

(c) “PFAS chemicals” means a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances.

(d) “Pretreatment permit” means a document issued by the Department or the Department’s designee that authorizes a significant industrial user to introduce industrial wastes into a publicly owned treatment works in compliance with the pretreatment requirements under COMAR 26.08.01.01B(69).

(e) (1) “Significant industrial user” means an industrial user that:

(i) Is subject to categorical pretreatment standards under 40 C.F.R. Part 403.6;

(ii) Discharges an average of 25,000 gallons per day or more of processed wastewater to a publicly owned treatment works, not including sanitary, noncontact cooling, and boiler blowdown wastewater;

(iii) Contributes processed wastewater that makes up 5% or more of the average dry–weather hydraulic or organic capacity of the publicly owned treatment works; or

(iv) Is designated as a significant industrial user by the publicly owned treatment works on the basis that the industrial user has:

1. A reasonable potential for adversely affecting the wastewater treatment plant’s operations and sewer system; or

2. Violated a pretreatment standard or requirement.

(2) “Significant industrial user” does not include the federal, State, and local governments.

(f) “Waters of the State” includes:

(1) Both surface and underground waters within the boundaries of the State subject to its jurisdiction;

(2) That portion of the Atlantic Ocean within the boundaries of the State;

(3) The Chesapeake Bay and its tributaries;

(4) All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and

(5) The floodplain of free–flowing waters determined by the Department on the basis of the 100–year flood frequency.
Md. Code, Environment § 9-662 — MD Code / Article gen / Title 9 / Subtitle 6 / Section 9-662
§9–662.
Status: in_force

(a) For each project that it operates, a district may charge the owners of parcels serviced by or connected to the project:

(1) A minimum charge; and

(2) A usage charge that is based on the use of the project by the owner of the parcel.

(b) The district shall use funds received from charges made under this section:

(1) To operate, maintain, and repair the project;

(2) To maintain proper depreciation allowances;

(3) To pay operation expenses of the district;

(4) To repay advances made by member counties under § 9–628 of this subtitle; and

(5) To pay the principal and interest on bonds issued under this subtitle.

(c) For water service, the sanitary commission:

(1) Shall make a minimum charge:

(i) That is based on the size of the meter serving the property and is uniform throughout the service area for each size of meter; and

(ii) That, for properties to which no meter is connected, is reasonable and uniform throughout the service area; and

(2) Subject to the meter size and uniformity requirements of this subsection, may change the minimum charge as necessary.

(d) For sewerage service, the sanitary commission shall:

(1) Make a minimum charge that is reasonable and uniform throughout the service area; and

(2) Collect, each year, the minimum charge in the same manner as the sanitary commission collects benefit assessments.

(e) If a minimum charge for sewerage service is unpaid, the minimum charge has the same status as an unpaid benefit assessment.

(f) For solid waste disposal systems, the sanitary commission shall make a minimum charge that is reasonable and uniform throughout the service area.

(g) If the sanitary commission uses a water meter, the sanitary commission shall connect the water meter at the sanitary commission’s expense.

(h) For water usage, the sanitary commission shall make a charge that:

(1) Is based on meter readings; or

(2) If no water meter is connected to the property, is:

(i) Based on the estimated water usage; and

(ii) Uniform among unmetered properties in the service area.

(i) For sewerage systems and solid waste disposal systems, the sanitary commission shall make a reasonable usage charge.

(j) Except for bills for minimum charges for sewerage services, the sanitary commission:

(1) Shall send to each property owner:

(i) For water service, a bill for minimum charges and usage charges for water once each 3 or 6 months; and

(ii) For other charges, a bill once each 3, 6, or 12 months; and

(2) May stagger the frequency and dates of bills sent under this section.

(k) The property owner promptly shall pay any bill sent under this section.

(l) If a water bill is unpaid for 30 days after being sent, and after written notice is left on the premises or mailed to the last known address of the owner, the sanitary commission may:

(1) Disconnect water service to the property; and

(2) Require, before reconnecting water service, payment of the entire water bill plus a reconnection charge reasonably related to the cost of reconnection, as established by ordinance of the governing body of the county or municipal corporation in which the water service is provided.

(m) (1) If a charge for which a bill sent under this section is in default 60 days after the bill is sent, the charge is in default.

(2) When a charge is in default, it is a lien on the property and the sanitary commission may collect the charge in the same manner as benefit assessments.

(n) (1) This subsection applies only in Dorchester County and Somerset County.

(2) Notwithstanding any other provisions of law:

(i) A district may charge an owner of a parcel serviced by or connected to a project that the district operates a late fee for any unpaid usage charge that is based on the use of the project by the owner of the parcel;

(ii) A sanitary commission may require, before reconnecting water service, payment of any applicable late fees in addition to any other charge authorized by this section; and

(iii) A charge that is in default shall accrue interest from the date of default at a rate set by the sanitary commission.

(o) In Garrett County, notwithstanding any other provisions of law:

(1) The district may charge an owner of a parcel serviced by or connected to a project that the district operates a late fee for any unpaid usage charge that is based on the use of the project by the owner of the parcel;

(2) The County Commissioners of Garrett County may require, before reconnecting water service, payment of any applicable late fees in addition to any other charge authorized by this section; and

(3) A charge that is in default shall accrue interest from the date of default at a rate set by the County Commissioners.

(p) (1) This subsection applies only to property subject to a condominium regime established under Title 11 of the Real Property Article.

(2) Notwithstanding any other law, if the sanitary commission directly bills the governing body of a condominium or a person designated by the governing body of a condominium for water or sewer usage charges for all or a portion of the units in a condominium property, and a charge is in default for at least 60 days, the sanitary commission shall post notice conspicuously at or near the entry to the common area of the condominium.

(3) The sanitary commission may enter onto the common area of a condominium property at a reasonable time to post the notice required under this subsection.
Md. Code, Labor and Employment § 9-1105 — MD Code / Article gle / Title 9 / Subtitle 11 / Section 9-1105
§9–1105.
Status: in_force

(a) An employer may not discharge a covered employee from employment solely because the covered employee files a claim for compensation under this title.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.
Md. Code, Environment § 9-228.1 — MD Code / Article gen / Title 9 / Subtitle 2 / Section 9-228.1
§9–228.
Status: in_force

§9–228.1.

(a) A requirement in this subtitle that a document be under oath means that the document shall be supported by a signed statement made under the penalties of perjury that the contents of the document are true to the best of the knowledge, information, and belief of the individual making the statement.

(b) The oath or affirmation shall be made:

(1) Before an individual authorized to administer oaths, who shall certify in writing to have administered the oath or taken the affirmation; or

(2) By a signed statement that:

(i) Is in the document or attached to and made part of the document; and

(ii) Is expressly made under the penalties for perjury.

(c) If the procedures provided in subsection (b)(2) of this section are used, the affidavit subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.

(d) A document made under oath shall be signed:

(1) For a corporation, by an officer of the corporation authorized to do so;

(2) For a sole proprietorship, by its owner; or

(3) For a partnership, by a partner authorized to do so.
Md. Code, Labor and Employment § 9-683.5 — MD Code / Article gle / Title 9 / Subtitle 6 / Section 9-683.5
§9–683.
Status: in_force

§9–683.5.

(a) This section does not apply to a covered employee of a municipal corporation or a county who is subject to § 9–503 of this title and the dependents of those covered employees, unless the municipal corporation or county has made an election under § 9–683.6 of this subtitle.

(b) If there are multiple dependents entitled to death benefits, the Commission may apportion an award of death benefits among the dependents in the manner that the Commission considers just and equitable.

(c) (1) Death benefits shall be paid to 1 or more of the dependents of a covered employee who are entitled to death benefits, as determined by the Commission, for the benefit of all of the dependents who are entitled to death benefits.

(2) A dependent to whom death benefits are paid shall apply the death benefits to the use of all of the dependents who are entitled to death benefits:

(i) according to the respective claims of the dependents of the deceased covered employee for support; and

(ii) in compliance with the findings and direction of the Commission.
Md. Code, Commercial Law § 9-102 — MD Code / Article gcl / Title 9 / Subtitle 1 / Section 9-102
§9–102.
Status: reserved

(a) In this title:

(1) “Accession” means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.

(2) “Account”, except as used in “account for”, means a right to payment of a monetary obligation, whether or not earned by performance, (i) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered, (iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge card or information contained on or for use with the card, or (viii) as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes health–care–insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter–of–credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card.

(3) “Account debtor” means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper.

(4) “Accounting”, except as used in “accounting for”, means a record:

(A) Authenticated by a secured party;

(B) Indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and

(C) Identifying the components of the obligations in reasonable detail.

(5) “Agricultural lien” means an interest in farm products:

(A) Which secures payment or performance of an obligation for:

(i) Goods or services furnished in connection with a debtor’s farming operation; or

(ii) Rent on real property leased by a debtor in connection with its farming operation;

(B) Which is created by statute in favor of a person that:

(i) In the ordinary course of its business furnished goods or services to a debtor in connection with a debtor’s farming operation; or

(ii) Leased real property to a debtor in connection with the debtor’s farming operation; and

(C) Whose effectiveness does not depend on the person’s possession of the personal property.

(6) “As–extracted collateral” means:

(A) Oil, gas, or other minerals that are subject to a security interest that:

(i) Is created by a debtor having an interest in the minerals before extraction; and

(ii) Attaches to the minerals as extracted; or

(B) Accounts arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction.

(7) “Authenticate” means:

(A) To sign; or

(B) With present intent to adopt or accept a record, to attach to or logically associate with the record an electronic sound, symbol, or process.

(8) “Bank” means an organization that is engaged in the business of banking. The term includes savings banks, savings and loan associations, credit unions, and trust companies.

(9) “Cash proceeds” means proceeds that are money, checks, deposit accounts, or the like.

(10) “Certificate of title” means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral.

(11) “Chattel paper” means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. In this paragraph, “monetary obligation” means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. The term does not include (i) charters or other contracts involving the use or hire of a vessel or (ii) records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper.

(12) “Collateral” means the property subject to a security interest or agricultural lien. The term includes:

(A) Proceeds to which a security interest attaches;

(B) Accounts, chattel paper, payment intangibles, and promissory notes that have been sold; and

(C) Goods that are the subject of a consignment.

(13) “Commercial tort claim” means a claim arising in tort with respect to which:

(A) The claimant is an organization; or

(B) The claimant is an individual and the claim:

(i) Arose in the course of the claimant’s business or profession; and

(ii) Does not include damages arising out of personal injury to or the death of an individual.

(14) “Commodity account” means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer.

(15) “Commodity contract” means a commodity futures contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is:

(A) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or

(B) Traded on a foreign commodity board of trade, exchange, or market, and is carried on the books of a commodity intermediary for a commodity customer.

(16) “Commodity customer” means a person for which a commodity intermediary carries a commodity contract on its books.

(17) “Commodity intermediary” means a person that:

(A) Is registered as a futures commission merchant under federal commodities law; or

(B) In the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.

(18) “Communicate” means:

(A) To send a written or other tangible record;

(B) To transmit a record by any means agreed upon by the persons sending and receiving the record; or

(C) In the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing–office rule.

(19) “Consignee” means a merchant to which goods are delivered in a consignment.

(20) “Consignment” means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:

(A) The merchant:

(i) Deals in goods of that kind under a name other than the name of the person making delivery;

(ii) Is not an auctioneer; and

(iii) Is not generally known by its creditors to be substantially engaged in selling the goods of others;

(B) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the time of delivery;

(C) The goods are not consumer goods immediately before delivery; and

(D) The transaction does not create a security interest that secures an obligation.

(21) “Consignor” means a person that delivers goods to a consignee in a consignment.

(22) “Consumer debtor” means a debtor in a consumer transaction.

(23) “Consumer goods” means goods that are used or bought for use primarily for personal, family, or household purposes.

(24) “Consumer–goods transaction” means a consumer transaction in which:

(A) An individual incurs an obligation primarily for personal, family, or household purposes; and

(B) A security interest in consumer goods secures the obligation.

(25) “Consumer obligor” means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes.

(26) “Consumer transaction” means a transaction in which (i) an individual incurs an obligation primarily for personal, family, or household purposes, (ii) a security interest secures the obligation, and (iii) the collateral is held or acquired primarily for personal, family, or household purposes. The term includes consumer–goods transactions.

(27) “Continuation statement” means an amendment of a financing statement which:

(A) Identifies, by its file number, the initial financing statement to which it relates; and

(B) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement.

(28) “Debtor” means:

(A) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;

(B) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or

(C) A consignee.

(29) “Deposit account” means a demand, time, savings, passbook, or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.

(30) “Document” means a document of title or a receipt of the type described in § 7–201(b) of this article.

(31) “Electronic chattel paper” means chattel paper evidenced by a record or records consisting of information stored in an electronic medium.

(32) “Encumbrance” means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property.

(33) “Equipment” means goods other than inventory, farm products, or consumer goods.

(34) “Farm products” means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are:

(A) Crops grown, growing, or to be grown, including:

(i) Crops produced on trees, vines, and bushes; and

(ii) Aquatic goods produced in aquacultural operations;

(B) Livestock, born or unborn, including aquatic goods produced in aquacultural operations;

(C) Supplies used or produced in a farming operation; or

(D) Products of crops or livestock in their unmanufactured states.

(35) “Farming operation” means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.

(36) “File number” means the number assigned to an initial financing statement pursuant to § 9–519(a).

(37) “Filing office” means an office designated in § 9–501 as the place to file a financing statement.

(38) “Filing–office rule” means a rule adopted pursuant to § 9–526.

(39) “Financing statement” means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.

(40) “Fixture filing” means the filing of a financing statement covering goods that are or are to become fixtures and satisfying § 9–502(a) and (b). The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.

(41) “Fixtures” means goods that have become so related to particular real property that an interest in them arises under real property law.

(42) “General intangible” means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter–of–credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes payment intangibles and software.

(43) Reserved.

(44) “Goods” means all things that are movable when a security interest attaches. The term includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, (iii) the unborn young of animals, (iv) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and (v) manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if (i) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or (ii) by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter–of–credit rights, letters of credit, money, or oil, gas, or other minerals before extraction.

(45) “Governmental unit” means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.

(46) “Health–care–insurance receivable” means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health–care goods or services provided or to be provided.

(47) “Instrument” means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (i) investment property, (ii) letters of credit, or (iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.

(48) “Inventory” means goods, other than farm products, which:

(A) Are leased by a person as lessor;

(B) Are held by a person for sale or lease or to be furnished under a contract of service;

(C) Are furnished by a person under a contract of service; or

(D) Consist of raw materials, work in process, or materials used or consumed in a business.

(49) “Investment property” means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.

(50) “Jurisdiction of organization”, with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.

(51) “Letter–of–credit right” means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.

(52) “Land records” means the office designated for the filing or recording of a record of a mortgage on real property.

(53) “Lien creditor” means:

(A) A creditor that has acquired a lien on the property involved by attachment, levy, or the like;

(B) An assignee for benefit of creditors from the time of assignment;

(C) A trustee in bankruptcy from the date of the filing of the petition; or

(D) A receiver in equity from the time of appointment.

(54) “Manufactured home” means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air–conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.

(55) “Manufactured–home transaction” means a secured transaction:

(A) That creates a purchase–money security interest in a manufactured home, other than a manufactured home held as inventory; or

(B) In which a manufactured home, other than a manufactured home held as inventory, is the primary collateral.

(56) “Mortgage” means a consensual interest in real property, including fixtures, which secures payment or performance of an obligation.

(57) “New debtor” means a person that becomes bound as debtor under § 9–203(d) by a security agreement previously entered into by another person.

(58) “New value” means (i) money, (ii) money’s worth in property, services, or new credit, or (iii) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.

(59) “Noncash proceeds” means proceeds other than cash proceeds.

(60) “Obligor” means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, (i) owes payment or other performance of the obligation, (ii) has provided property other than the collateral to secure payment or other performance of the obligation, or (iii) is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit.

(61) “Original debtor”, except as used in § 9–310(c), means a person that, as debtor, entered into a security agreement to which a new debtor has become bound under § 9–203(d).

(62) “Payment intangible” means a general intangible under which the account debtor’s principal obligation is a monetary obligation.

(63) “Person related to”, with respect to an individual, means:

(A) The spouse of the individual;

(B) A brother, brother–in–law, sister, or sister–in–law of the individual;

(C) An ancestor or lineal descendant of the individual or the individual’s spouse; or

(D) Any other relative, by blood or marriage, of the individual or the individual’s spouse who shares the same home with the individual.

(64) “Person related to”, with respect to an organization, means:

(A) A person directly or indirectly controlling, controlled by, or under common control with the organization;

(B) An officer or director of, or a person performing similar functions with respect to, the organization;

(C) An officer or director of, or a person performing similar functions with respect to, a person described in subparagraph (A);

(D) The spouse of an individual described in subparagraph (A), (B), or (C); or

(E) An individual who is related by blood or marriage to an individual described in subparagraph (A), (B), (C), or (D) and shares the same home with the individual.

(65) “Proceeds”, except as used in § 9–609(b), means the following property:

(A) Whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral;

(B) Whatever is collected on, or distributed on account of, collateral;

(C) Rights arising out of collateral;

(D) To the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; or

(E) To the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.

(66) “Promissory note” means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.

(67) “Proposal” means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to §§ 9–620, 9–621, and 9–622 of this article.

(68) “Public–finance transaction” means a secured transaction in connection with which:

(A) Debt securities are issued;

(B) All or a portion of the securities issued have an initial stated maturity of at least 20 years; and

(C) The debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a state or a governmental unit of a state.

(69) “Public organic record” means a record that is available to the public for inspection and is:

(A) A record consisting of the record initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States which amends or restates the initial record;

(B) An organic record of a business trust consisting of the record initially filed with a state and any record filed with the state which amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or

(C) A record consisting of legislation enacted by the legislature of a state or the Congress of the United States which forms or organizes an organization, any record amending the legislation, and any record filed with or issued by the state or the United States which amends or restates the name of the organization.

(70) “Pursuant to commitment”, with respect to an advance made or other value given by a secured party, means pursuant to the secured party’s obligation, whether or not a subsequent event of default or other event not within the secured party’s control has relieved or may relieve the secured party from its obligation.

(71) “Record”, except as used in “for record”, “of record”, “record or legal title”, and “record owner”, means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

(72) “Registered organization” means an organization formed or organized solely under the law of a single state or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. The term includes a business trust that is formed or organized under the law of a single state if a statute of the state governing business trusts requires that the business trust’s organic record be filed with the state.

(73) “Secondary obligor” means an obligor to the extent that:

(A) The obligor’s obligation is secondary; or

(B) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either.

(74) “Secured party” means:

(A) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;

(B) A person that holds an agricultural lien;

(C) A consignor;

(D) A person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold;

(E) A trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or

(F) A person that holds a security interest arising under § 2–401, § 2–505, § 2–711(3), § 2A–508(5), § 4–210, or § 5–118 of this article.

(75) “Security agreement” means an agreement that creates or provides for a security interest.

(76) “Send”, in connection with a record or notification, means:

(A) To deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or

(B) To cause the record or notification to be received within the time that it would have been received if properly sent under subparagraph (A).

(77) (A) “Software” means a computer program and any supporting information provided in connection with a transaction relating to the program.

(B) The term does not include a computer program that is included in the definition of goods.

(78) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(79) “Supporting obligation” means a letter–of–credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.

(80) “Tangible chattel paper” means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium.

(81) “Termination statement” means an amendment of a financing statement which:

(A) Identifies, by its file number, the initial financing statement to which it relates; and

(B) Indicates either that it is a termination statement or that the identified financing statement is no longer effective.

(82) “Transmitting utility” means a person primarily engaged in the business of:

(A) Operating a railroad, subway, street railway, or trolley bus;

(B) Transmitting communications electrically, electromagnetically, or by light;

(C) Transmitting goods by pipeline or sewer; or

(D) Transmitting or producing and transmitting electricity, steam, gas, or water.

(b) “Control” as provided in § 7–106 and the following definitions in other titles apply to this title:

“Applicant” § 5–102.

“Beneficiary” § 5–102.

“Broker” § 8–102.

“Certificated security” § 8–102.

“Check” § 3–104.

“Clearing corporation” § 8–102.

“Contract for sale” § 2–106.

“Customer” § 4–104.

“Entitlement holder” § 8–102.

“Financial asset” § 8–102.

“Holder in due course” § 3–302.

“Issuer” (with respect to a letter of credit or

letter–of–credit right) § 5–102.

“Issuer” (with respect to a security) § 8–201.

“Issuer” (with respect to documents of title) § 7–102.

“Lease” § 2A–103.

“Lease agreement” § 2A–103.

“Lease contract” § 2A–103.

“Leasehold interest” § 2A–103.

“Lessee” § 2A–103.

“Lessee in ordinary course of business” § 2A–103.

“Lessor” § 2A–103.

“Lessor’s residual interest” § 2A–103.

“Letter of credit” § 5–102.

“Merchant” § 2–104.

“Negotiable instrument” § 3–104.

“Nominated person” § 5–102.

“Note” § 3–104.

“Proceeds of a letter of credit” § 5–114.

“Prove” § 3–103.

“Sale” § 2–106.

“Securities account” § 8–501.

“Securities intermediary” § 8–102.

“Security” § 8–102.

“Security certificate” § 8–102.

“Security entitlement” § 8–102.

“Uncertificated security” § 8–102.

(c) Title 1 contains general definitions and principles of construction and interpretation applicable to Titles 1 through 10 of this article.
Md. Code, Environment § 9-725 — MD Code / Article gen / Title 9 / Subtitle 7 / Section 9-725
§9–725.
Status: in_force

The charge for the upkeep on sewers shall be:

(1) Collected annually; and

(2) A first lien on any property connected to any sewer pipe the political subdivision owns or supervises.
Md. Code, Environment § 9-2505 — MD Code / Article gen / Title 9 / Subtitle 25 / Section 9-2505
§9–2505.
Status: in_force

(a) (1) (i) Beginning July 1, 2026, and each year thereafter, the producer responsibility organization approved under § 9–2502(a) of this subtitle shall file a registration form with the Department.

(ii) The registration form shall include:

1. A list of the producers participating in the producer responsibility organization;

2. A list of the brands of each producer participating in the producer responsibility organization;

3. A list of the covered materials of each producer participating in the producer responsibility organization; and

4. The name, address, and contact information of a person responsible for ensuring the producer responsibility organization’s and the member producers’ compliance with this subtitle.

(iii) At the time of filing the registration form, the producer responsibility organization shall pay to the Department an annual registration fee, as set by the Department, in an amount sufficient to cover:

1. In each year:

A. The costs of record keeping under this subtitle, not to exceed $1,000; and

B. The costs of developing and updating the list required under § 9–2508 of this subtitle;

2. As necessary, the costs of developing and implementing regulations in accordance with § 9–2511 of this subtitle; and

3. In 2028 and each year thereafter, the costs of registering service providers under § 9–2507 of this subtitle.

(2) (i) On or after July 1, 2033, a nonprofit organization may request that the Department designate the nonprofit organization as an additional producer responsibility organization.

(ii) The Department may designate a nonprofit organization as an additional producer responsibility organization if the Department determines, in coordination with the advisory council established under § 9–2503 of this subtitle, that the designation of the additional producer responsibility organization is necessary to:

1. Increase recycling rates; or

2. Improve recycling services for a specific type of covered material.

(iii) If the Department approves the designation of an additional producer responsibility organization under this subsection, the producer responsibility organization shall:

1. Not later than 30 days after being approved by the Department and on or before July 1 each year thereafter, file a registration form with the Department containing the information required under paragraph (2)(ii) of this subsection and pay the annual registration fee described in paragraph (2)(iii) of this subsection; and

2. Coordinate with the producer responsibility organization established under paragraph (1) of this subsection, the Department, and local governments to ensure that:

A. Recycling services for residents of the State are provided in a seamless manner; and

B. Public outreach, education, and communication are provided in a consistent manner.

(iv) The producer responsibility organization established under paragraph (1) of this subsection and any additional producer responsibility organizations designated under this paragraph may create a representative organization to represent the participating producer responsibility organizations to implement the requirements of this subtitle.

(3) (i) On or after July 1, 2026, and in accordance with the requirements of this subsection and any regulations adopted by the Department, a producer or group of producers may develop and operate an alternative collection program to collect and manage a type or types of covered material sold, offered for sale, or distributed for sale in or into the State by the producer or producers.

(ii) A producer that manages a type of covered material under an approved alternative collection program through reuse, recycling, or composting may wholly or in part offset the producer’s payment obligations under this subtitle.

(iii) An alternative collection program shall improve and provide a dedicated collection program for the applicable covered material.

(b) (1) On or before July 1, 2028, and every 5 years thereafter, each producer shall, individually or as part of a producer responsibility organization, submit a producer responsibility plan to the Department for review and approval.

(2) Before submitting the plan required under this subsection to the Department, a producer or producer responsibility organization shall:

(i) Consult with the advisory council established under § 9–2503 of this subtitle; and

(ii) Consider the written recommendations of the advisory council and respond in writing to the advisory council.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, on or after a date established in regulations adopted by the Department under § 9–2511 of this subtitle, a producer may not sell, offer for sale, distribute, or import for sale or distribution covered materials for use in the State unless the producer, individually or as part of a producer responsibility organization, has an approved producer responsibility plan on file with the Department.

(ii) A producer is not required to submit a producer responsibility plan to the Department, individually or as part of a producer responsibility organization, if another person has agreed to assume responsibility under this subtitle for any covered material sold, offered for sale, or distributed in or into the State by that producer.

(c) (1) A producer responsibility plan shall:

(i) Identify the producers covered by the plan, including the contact information for each participating producer and the producer responsibility organization;

(ii) Identify each brand of covered materials covered by the plan;

(iii) Require, in accordance with subsection (d) of this section, achievement within 5 years after the date on which the first version of the plan is approved and establish the following performance goals, as relevant and as appropriate, for each covered material type:

1. Recycling rates;

2. Composting rates;

3. Reuse rates;

4. Return rates;

5. The percentage of covered materials to be waste reduced;

6. The percentage of postconsumer recycled content that covered materials are required to contain, including the overall percentage for all covered materials as applicable, and not including compostable materials that cannot contain postconsumer recycled content due to unique chemical or physical properties or health and safety requirements that prohibit the introduction of postconsumer recycled content; and

7. Greenhouse gas reduction goals;

(iv) Describe, in accordance with subsection (e) of this section, the financing method that will be used to implement the plan;

(v) Describe how, for each covered material type, the producer responsibility organization will measure recycling, waste reduction, reuse, composting, and the inclusion of postconsumer recycled content;

(vi) Describe how the performance goals established under item (iii) of this paragraph will be met or exceeded;

(vii) Include proposals for exemptions from performance targets and statewide requirements for covered materials that cannot be waste reduced or made reusable, recyclable, or compostable due to federal or State health and safety requirements, identifying the specific federal or State requirement and their impact on the covered materials;

(viii) Describe infrastructure investments, including goals and outcomes and a description of how the process to offer and select opportunities will be conducted in an open, competitive, and fair manner, how it will address gaps in the system not met by service providers, and the potential financial and legal instruments to be used;

(ix) Explain how the program will be paid for by the producer responsibility organization through fees from producers, without any new or additional consumer–facing fee to members of the public, businesses, service providers, the State or any political subdivisions, or any other person who is not a producer, unless the fee is:

1. A deposit made in connection with a product’s refill, reuse, or recycling that can be redeemed by a consumer; or

2. A charge for service by a service provider, regardless of whether the service provider is registered;

(x) Describe activities to be undertaken by the producer responsibility organization during each year to:

1. Minimize the environmental impacts and human health impacts of covered materials, including assessing each covered material’s generation of hazardous waste, generation of greenhouse gases, environmental justice impacts, public health impacts, and other impacts;

2. Foster the improved design of covered materials;

3. Provide funding to expand and increase the convenience of waste reduction, reuse, collection, recycling, and composting services to covered entities;

4. Provide for reimbursement rates under subsection (e)(1)(ii) of this section to service providers for statewide coverage of covered services at an optimal level of convenience and service for applicable covered materials on the list established under § 9–2508 of this subtitle; and

5. Monitor to ensure that postconsumer materials are delivered to responsible end markets;

(xi) Include performance standards for service providers as applicable to the service provided, including:

1. Requirements that service providers must accept all required covered materials on the list established under § 9–2508 of this subtitle; and

2. Labor standards and safety practices, including safety programs, health benefits, and living wages;

(xii) Describe how the producer responsibility organization will treat and protect nonpublic data submitted by service providers;

(xiii) Include a description of how the producer responsibility organization will provide technical assistance to service providers in order to assist them in delivering covered materials to responsible end markets;

(xiv) Describe how stakeholder comments were considered in the development of the plan;

(xv) Describe how staffing and administering the implementation of the plan will be handled;

(xvi) Describe the actions taken or that will be taken for public outreach, education, and communication, taking into account that public outreach, education, and communication shall:

1. Promote the responsible end–of–life management of covered materials;

2. Provide information on how to prevent litter of covered materials;

3. Provide recycling and composting instructions that are, to the extent practicable:

A. Consistent statewide, taking into account differences among local laws and processing capabilities;

B. Easy to understand; and

C. Easily accessible; and

4. Provide for outreach and education that are:

A. Designed to achieve packaging materials management goals and requirements, including the prevention of contamination of covered materials;

B. Coordinated across programs to avoid confusion for consumers; and

C. Developed in consultation with local governments and other stakeholders;

(xvii) Describe, in accordance with subsection (f) of this section, the amount of funding that will be used for improving reuse, composting, and recycling in the State;

(xviii) Describe the process by which a service provider may request reimbursement for costs associated with transporting, collecting, and processing covered materials that are identified in the plan, including:

1. The process by which the request will be reviewed;

2. The process for approving or denying a request for reimbursement;

3. The schedule for providing reimbursement that includes reimbursement on at least a quarterly basis;

4. The process for providing reimbursement for multiple brands of covered materials; and

5. The process for resolving, through arbitration, disputes that arise between the producer responsibility organization and a service provider regarding the determination of reimbursement rates and payment of reimbursements;

(xix) 1. Provide the written recommendations from the advisory council provided under § 9–2503 of this subtitle and the producer responsibility organization’s written response to the advisory council; and

2. Describe how the written recommendations from the advisory council were considered and addressed in the development of the plan; and

(xx) Include any other information that is required by the Department.

(2) The performance goals established under paragraph (1)(iii) of this subsection do not apply to:

(i) Products packaged at establishments under mandatory inspection by the U.S. Department of Agriculture’s Food Safety and Inspection Service in accordance with the federal Meat Inspection Act, the federal Poultry Products Inspection Act, the federal Egg Products Inspection Act, or U.S. Department of Agricultural or U.S. Food and Drug Administration regulations related to cheese packaging;

(ii) Products packaged at facilities regulated under State meat and dairy inspection laws; or

(iii) For a period of 5 years after the date on which the first version of the plan is approved and established, with an optional extension of 5 years contingent on the development of recycling, including organics recycling, infrastructure capable of handling pathogen–contaminated packaging in a safe and effective manner, cheese, meat, and poultry prepared and packaged at retail locations such as grocery stores, butcher shops, or online retailers.

(d) Based on the results of the most recent statewide recycling needs assessment conducted under Chapter 465 of the Acts of the General Assembly of 2023 or § 9–1702.2 of this title, the Department, in coordination with a producer responsibility organization and via the approval of producer responsibility plans, shall establish performance goals for each covered material type using a baseline year that is informed by the statewide recycling needs assessment, including establishing recycling rate goals for each covered material type, at 5–, 10–, and 15–year intervals.

(e) (1) The financing method that will be used by a producer responsibility organization to implement a producer responsibility plan shall:

(i) Provide the method for either direct investments or reimbursements for improving infrastructure for reuse, composting, and recycling in accordance with subsection (c)(1)(xvii) of this section, with priority given to the improvement of existing infrastructure;

(ii) Subject to paragraph (2) of this subsection:

1. Provide a methodology for reimbursement rates for covered services for covered materials, exclusive of exempt materials and producers;

2. Incorporate relevant cost information identified by the most recent needs assessment performed under Chapter 465 of the Acts of the General Assembly of 2023 or § 9–1702.2 of this title;

3. Be updated annually; and

4. Establish reimbursement rates equivalent to:

A. At least 50% of the cost per ton on or before July 1, 2028;

B. At least 75% of the cost per ton on or before July 1, 2029; and

C. At least 90% of the cost per ton on or before July 1, 2030, and each year thereafter;

(iii) Subject to paragraph (3) of this subsection, establish a fee structure for participating producers that is set in a manner to cover costs associated with:

1. Implementing the plan, including the administrative costs of a producer responsibility organization;

2. Reimbursing local governments or service providers for costs in accordance with item (ii) of this paragraph;

3. The administration, review, oversight, and enforcement of the plan by the Department; and

4. Implementing the strategy in the plan for improving reuse, composting, and recycling in the State in accordance with subsection (c)(1)(xvii) of this section;

(iv) 1. Describe the incentives to encourage participating producers to engage in waste reduction and recycling activities; and

2. Describe the disincentives to discourage designs or practices that increase the cost of managing packaging materials;

(v) Be evaluated by an independent financial auditor, as designated by the Department, to ensure that the costs of implementing the plan are covered; and

(vi) Meet any other requirement established by the Department by regulation.

(2) The reimbursement rate established under paragraph (1)(ii) of this subsection shall be based on the following, as applicable by service provided:

(i) A fixed amount for each ton of covered material collected by a service provider that reflects conditions affecting collection, recycling, and composting costs in the region or jurisdiction where the services were provided, including:

1. The number and size of covered entities;

2. Population density;

3. Collection methods employed;

4. The distance traveled to consolidation or transfer facilities, materials recycling facilities, reuse facilities, composting facilities, or responsible end markets;

5. Other factors that may contribute to regional or jurisdictional cost differences;

6. The proportion of covered compostable materials within all source–separated compostable materials collected or managed through composting; and

7. The general quality of covered materials recycled or composted by a service provider;

(ii) A fixed amount for each ton of covered material recycled or composted by a service provider in the previous calendar year based on:

1. The average costs associated with the transportation and processing, from a central location within a political subdivision, of collected covered material from the political subdivision to a materials recycling facility or composting facility;

2. The processing of, and removal of contamination from, covered materials by a materials recycling facility or composting facility;

3. The recycling or composting of covered materials less the average fair market value for that covered material based on the market indices for the region, updated monthly;

4. Costs associated with the management of contaminated materials removed from the collected covered materials; and

5. The proportion of covered compostable materials within all source–separated compostable materials collected or managed through composting;

(iii) An additional fixed amount per ton, in excess of the rate provided under subparagraph (ii) of this paragraph, for each covered material type not listed under § 9–2508 of this subtitle that was recycled or composted by a service provider in the previous calendar year, less the average fair market value for the covered material based on the market indices for the region, updated monthly;

(iv) A fixed amount for each ton of mixed recycling that is managed through a process that includes percentages of covered materials listed under § 9–2508 of this subtitle and additional covered materials, prorated for the values in item (ii)1 and 2 of this paragraph, based on the most recent waste characterization for mixed recycling ton averages;

(v) A fixed amount, based on population served, for administrative costs of service providers, including education, public awareness campaigns, and outreach program costs as applicable; and

(vi) A fixed amount for the cost of managing covered materials capable of refill or reusable covered materials and for the costs associated with collection, cleaning, sanitation, distribution, and management of contamination.

(3) (i) Before establishing the fee structure for participating producers under paragraph (1)(iii) of this subsection, the producer responsibility organization shall:

1. Publish a proposed fee on its website; and

2. Allow 90 calendar days for public comment.

(ii) The fee structure established under paragraph (1)(iii) of this subsection shall be variable based on:

1. Costs associated with transporting, collecting, and processing covered materials;

2. An eco–modulation of fees, including establishing:

A. A higher fee for covered materials not listed under § 9–2508 of this subtitle or with low recycled content; and

B. A discounted fee for covered materials listed under § 9–2508 of this subtitle or with high recycled content; and

3. Any other factor, as determined by the Department.

(4) (i) A producer responsibility organization shall retain any fee collected under this subsection in its own account.

(ii) The Department may request at any time an audit of the financial records of a producer responsibility organization.

(5) (i) A service provider shall retain all revenue from the sale of covered materials.

(ii) Nothing in this subtitle may be construed to restrict a service provider from charging a fee for covered services of covered materials to the extent that reimbursement from a producer responsibility organization does not cover all costs of services, including:

1. Continued investment and innovation in operations;

2. Operating profits; and

3. Returns on investments required by a service provider to provide sustainability of the services.

(f) The funding that will be used for improving reuse, composting, and recycling shall include investment in market development and existing and future reuse, composting, and recycling infrastructure, giving priority to investment in existing infrastructure, including:

(1) Installing or upgrading equipment to improve the sorting of packaging materials at existing sorting and processing facilities;

(2) Mitigating the impacts of packaging materials on other commodities at existing sorting and processing facilities; and

(3) Capital expenditures for new technology, equipment, and facilities, based on the results of the most recent statewide recycling needs assessment conducted under Chapter 465 of the Acts of the General Assembly of 2023 or § 9–1702.2 of this title.

(g) The Department shall review:

(1) The producer responsibility plan required under subsection (b) of this section; and

(2) The work product of the independent financial auditor designated by the Department to evaluate the financing component of the producer responsibility plan under subsection (e)(1)(v) of this section.

(h) (1) Within 120 days after receiving a proposed producer responsibility plan, the Department shall approve, approve with conditions, or reject the plan.

(2) In making a determination under paragraph (1) of this subsection, the Department shall consider whether:

(i) The producer responsibility plan complies with the requirements of this section, including whether the financing method will cover the costs of implementing the plan; and

(ii) The producer responsibility organization engaged sufficiently with stakeholders, including local governments, in developing the plan.

(3) Not later than 60 days after the date a producer responsibility plan is initially approved under this section, the entity that submitted the plan shall pay to the Department:

(i) The Department’s cost of reviewing the plan; and

(ii) The Department’s estimated costs of administering, overseeing, and enforcing the plan between the initial date of approval and the date of the initial annual report required under § 9–2509 of this subtitle.

(i) Implementation of an approved producer responsibility plan shall begin not later than 6 months after the date the producer responsibility plan is approved by the Department.

(j) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, an approved producer responsibility plan shall expire after 5 years.

(2) A producer responsibility plan may continue after 5 years if it is renegotiated, renewed, or amended and approved by the Department in accordance with this subtitle.

(3) The Department may rescind approval of a producer responsibility plan at any time for good cause.

(4) If the Department rescinds an approval of a producer responsibility plan under paragraph (3) of this subsection, the producer or, if applicable, the producer responsibility organization may amend the plan and submit it to the Department for approval in accordance with this subtitle.

(5) If, based on the annual report submitted under § 9–2509 of this subtitle, the performance goals established under subsection (c)(1)(iii) of this section have not been achieved, the Department may:

(i) Require that a producer or producer responsibility organization amend the producer responsibility plan; and

(ii) Impose an administrative penalty on a producer or producer responsibility organization in accordance with § 9–2512 of this subtitle.

(6) If the Department requires a producer or producer responsibility organization to amend a producer responsibility plan under paragraph (5) of this subsection, the producer or producer responsibility organization shall cover the cost of the Department’s review and supplemental work on the plan.
Md. Code, Environment § 9-682 — MD Code / Article gen / Title 9 / Subtitle 6 / Section 9-682
§9–682.
Status: in_force

(a) Subject to the limitations and requirements of this subtitle, the sanitary commission and the member counties of the district may pledge the full faith and credit of the district and its members and issue bonds in the name of the district to pay the cost of a project in the amount estimated when the resolution authorizing the bond issue was adopted.

(b) The issuance of bonds under this subtitle is not subject to any condition or limitation of law that is not in this subtitle.
Md. Code, State Government § 9-2002 — MD Code / Article gsg / Title 9 / Subtitle 20 / Section 9-2002
§9–2002.
Status: in_force

(a) The Administration is established as a separate unit of State government.

(b) With the approval of the Governor, the Administration shall implement and administer conservation, allocation, or other energy programs or measures under State law or federal laws, orders, or regulations.

(c) The Governor shall appoint a Director of the Administration.

(d) The Administration shall have the staff provided for in the State budget.
Md. Code, Environment § 9-1905 — MD Code / Article gen / Title 9 / Subtitle 19 / Section 9-1905
§9–1905.
Status: in_force

(a) To enforce the provisions of this subtitle, the Department may:

(1) Notify a manufacturer that there are grounds for suspecting that a package or packaging component produced by the manufacturer may not be in compliance with the provisions of this subtitle; and

(2) Request the manufacturer to certify that the package or packaging component is in compliance, including by requesting the manufacturer’s certificate of compliance established under subsection (c) of this section.

(b) If the manufacturer certifies that the package or packaging component is exempt under § 9–1903 of this subtitle, the manufacturer shall identify the specific basis on which the exemption is claimed.

(c) (1) A manufacturer that manufactures, sells, offers for sale, or distributes for use in the State a food package or food packaging component shall establish a certificate of compliance to attest that the food package or food packaging component is in compliance with the requirements of § 9–1902(d) of this subtitle.

(2) Within 30 days after a request by the Department, a manufacturer shall provide the certificate of compliance established under paragraph (1) of this subsection to the Department.

(d) If the manufacturer fails to certify that the package or packaging component is in compliance or is exempt, the Department may seek an injunction under § 9–1906 of this subtitle to require the manufacturer to withdraw the package or packaging component in question from sale or promotional use within the State.
Md. Code, Corporations and Associations § 9A-807 — MD Code / Article gca / Title 9A / Subtitle 8 / Section 9A-807
§9A–807.
Status: in_force

(a) In winding up a partnership’s business, the assets of the partnership, including the contributions of the partners required by this section, must be applied to discharge its obligations to creditors, including, to the extent permitted by law, partners who are creditors. Any surplus must be applied to pay in cash the net amount distributable to partners in accordance with their right to distributions under subsection (b) of this section.

(b) Each partner is entitled to a settlement of all partnership accounts upon winding up the partnership business. In settling accounts among the partners, the profits and losses that result from the liquidation of the partnership assets must be credited and charged to the partners’ accounts. The partnership shall make a distribution to a partner in an amount equal to any excess of the credits over the charges in the partner’s account. A partner shall contribute to the partnership an amount equal to any excess of the charges over the credits in the partner’s account but excluding from the calculation charges attributable to an obligation for which the partner is not personally liable under § 9A-306(c) of this title.

(c) If a partner fails to contribute the full amount required under subsection (b) of this section, all of the other partners shall contribute, in the proportions in which those partners share partnership losses, the additional amount necessary to satisfy the partnership obligations for which they are personally liable under § 9A-306(c) of this title. A partner or partner’s legal representative may recover from the other partners any contributions the partner makes to the extent the amount contributed exceeds that partner’s share of the partnership obligations for which the partner is personally liable under § 9A-306(c) of this title.

(d) After the settlement of accounts, each partner shall contribute, in the proportion in which the partner shares partnership losses, the amount necessary to satisfy partnership obligations that were not known at the time of the settlement.

(e) The estate of a deceased partner is liable for the partner’s obligation to contribute to the partnership.

(f) An assignee for the benefit of creditors of a partnership or a partner, or a person appointed by a court to represent creditors of a partnership or a partner, may enforce a partner’s obligation to contribute to the partnership.

(g) Notwithstanding the foregoing provisions of this section, a partner of a limited liability partnership shall have no obligation to make a contribution to the partnership, whether directly or indirectly by way of a charge against the partner’s account or otherwise, with respect to any partnership obligations for which the partner has no personal liability under § 9A-306 of this title.
Md. Code, Estates and Trusts § 9-210 — MD Code / Article get / Title 9 / Subtitle 2 / Section 9-210
§9–210.
Status: in_force

(a) A disclaimer is barred by a written waiver of the right to disclaim.

(b) A disclaimer of an interest in property is barred if any of the following occurs before the disclaimer becomes effective:

(1) The disclaimant accepts the interest sought to be disclaimed;

(2) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so; or

(3) A judicial sale of the interest sought to be disclaimed occurs.

(c) A disclaimer in whole or in part of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.

(d) A disclaimer in whole or in part of the future exercise of power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.

(e) A disclaimer is barred or limited if so provided by law other than this subtitle.

(f) (1) A disclaimer of a power over property that is barred by this section is ineffective.

(2) A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this subtitle had the disclaimer not been barred.
Md. Code, Public Safety § 9-601 — MD Code / Article gps / Title 9 / Subtitle 6 / Section 9-601
§9–601.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) (1) “Fire investigator” means an official of the State, a county, or a municipal corporation who is legally designated to have legal responsibility for investigating fires and suppressing arson.

(2) “Fire investigator” includes a fire marshal.

(c) “Insurer” means a person licensed or established by the State to insure property of any kind.
Md. Code, State Government § 9-2701 — MD Code / Article gsg / Title 9 / Subtitle 27 / Section 9-2701
§9–2701.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Council” means the Maryland Youth Advisory Council.

(3) “Council year” means the 12–month period beginning September 1 and ending August 31.

(4) “High school student” means a youth who is enrolled in high school, who is a home school student, or who is enrolled in a program that leads to a high school diploma or certificate of attendance or a general equivalency diploma.

(5) “Institution of postsecondary education” has the meaning stated in § 10–101 of the Education Article.

(6) “Public senior higher education institution” has the meaning stated in § 10–101 of the Education Article.

(7) “Youth” means an individual who is 14 to 22 years old.

(b) There is a Maryland Youth Advisory Council.

(c) (1) The Council consists of:

(i) four youths appointed by the President of the Senate;

(ii) four youths appointed by the Speaker of the House of Delegates;

(iii) four youths appointed by the Governor; and

(iv) the following members appointed by the Governor’s Office for Children:

1. four youths nominated by the local management boards established under § 8–301 of the Human Services Article;

2. four youths nominated by the Maryland Association of Student Councils;

3. two youths nominated by the University System of Maryland Student Council; and

4. the following youths nominated by the Student Advisory Council to the Maryland Higher Education Commission:

A. one youth who is enrolled in a community college; and

B. one youth who is enrolled in a private college or university.

(2) The members of the Council must be residents of the State.

(d) In deciding which youths to appoint or nominate:

(1) the President of the Senate and the Speaker of the House shall, to the extent practicable, consider:

(i) the geographic and demographic diversity of the State;

(ii) diversity in education, including nontraditional settings such as vocational and tech–oriented education;

(iii) youths with disabilities; and

(iv) youths who are involved in established public and private youth councils and youth empowerment organizations in the State, including:

1. service learning and leadership programs;

2. teen court programs;

3. foster care;

4. student councils;

5. juvenile service programs; and

6. transitional programs;

(2) the Governor and local management boards shall, to the extent practicable, consider:

(i) the geographic and demographic diversity of the State;

(ii) diversity in education, including nontraditional settings such as vocational and tech–oriented education;

(iii) youths with disabilities;

(iv) transitional youths who are not in high school or an institution of postsecondary education and not likely to attend an institution of postsecondary education; and

(v) youths who are involved in established public and private youth councils and youth empowerment organizations in the State, including:

1. service learning and leadership programs;

2. teen court programs;

3. foster care;

4. student councils;

5. juvenile service programs; and

6. transitional programs; and

(3) the Maryland Association of Student Councils shall consider youths who are enrolled in schools represented by the Association as well as applicants who are enrolled in schools that are not represented by the Association.

(e) (1) The term of a member of the Council is 2 Council years.

(2) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(3) A member may not serve more than one term.

(4) If a member represents an established public or private youth council or youth empowerment organization in the State, the member shall represent the views of the council or organization before the Council.

(f) (1) At the first meeting of each Council year, the members shall:

(i) elect a chair for a term of 1 year; and

(ii) select an executive board that consists of:

1. two members who were appointed by the President of the Senate or the Speaker of the House;

2. two members who were appointed by the Governor or nominated by the local management boards;

3. one member who was nominated by the Maryland Association of Student Councils; and

4. one member who was nominated by the University System of Maryland Student Council or the Maryland Higher Education Commission Student Advisory Council.

(2) The Council may appoint any officers that it considers necessary.

(g) The Governor’s Office for Children shall:

(1) provide staff support for the Council;

(2) develop, in consultation with the Council, an initial application and application process;

(3) work with established public or private youth councils or youth empowerment organizations in the State to select representatives to apply to become a member of the Council;

(4) ensure that members of the Council provide a broad representation of all jurisdictions and populations;

(5) organize at least four Council meetings per Council year;

(6) assist the Council in preparing recommendations to the Governor and the General Assembly; and

(7) appoint members of the Council from lists of nominations provided by the persons making the nominations specified in subsection (c)(1)(iv) of this section.

(h) The Council shall:

(1) inform the Governor and the General Assembly of issues concerning youth, including offering testimony on these issues before legislative bodies;

(2) examine issues of importance to youth, including:

(i) education;

(ii) a safe learning environment;

(iii) employment opportunities;

(iv) strategies to increase youth participation in local and State government;

(v) health care access and quality of care;

(vi) substance abuse and underage drinking;

(vii) emotional and physical well–being;

(viii) the environment;

(ix) poverty;

(x) homelessness;

(xi) youth access to State and local services;

(xii) suicide prevention; and

(xiii) educational accessibility issues for students with disabilities, including access to:

1. schools;

2. school–related activities; and

3. classes;

(3) recommend one legislative proposal each legislative session concerning an issue included in item (2) of this subsection for possible introduction;

(4) conduct a public awareness campaign to raise awareness about the Council among Maryland youth;

(5) participate in local youth activities or organizations;

(6) advise local officials and community leaders on youth issues; and

(7) collect information from other youth groups in order to inform the activities of the Council.

(i) (1) The Council shall work with the State Department of Education regarding the granting of school credit for Council service.

(2) The State Department of Education and the Maryland Higher Education Commission shall notify the head administrators of all State high schools and of all institutions of postsecondary education, respectively, of the creation of the Council so that the administrators may inform their students.

(3) The State Department of Education shall allow up to four absences of a member from school per school year to be categorized as lawful absences if the absences were due to the business of the Council.

(j) (1) The Council shall set priorities and determine:

(i) the function of subcommittees;

(ii) standards of conduct;

(iii) procedures; and

(iv) the use of technology to convene or conduct meetings or facilitate communications among members.

(2) The Council shall review and consider whether the procedures and rules used by the General Assembly would be appropriate for use as models for the Council.

(k) The Council shall:

(1) meet at least four times each Council year and conduct one or two public hearings each Council year on issues of importance to youth;

(2) conduct one educational meeting each Council year concerning the legislative process, to which the President of the Senate, the Speaker of the House, and the Executive Director of the Department of Legislative Services, or their designees, shall be invited to speak; and

(3) open all meetings to the public.

(l) A member of the Council:

(1) may not receive compensation as a member of the Council; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(m) On or before the last day of the Council year, the Council shall report its activities to the Governor and, in accordance with § 2–1257 of this article, to the General Assembly.
Md. Code, State Government § 9-20C-04 — MD Code / Article gsg / Title 9 / Subtitle 20C / Section 9-20C-04
§9–20C–04.
Status: in_force

(a) When determining how most effectively to use the money in the Fund, the Administration shall consider the recommendations of the Advisory Committee.

(b) In carrying out this subtitle, and consistent with the purposes of the Fund, the Administration may contract with:

(1) experts in the area of offshore wind energy;

(2) the Small Business Development Center Network in the University of Maryland; and

(3) entities experienced in assisting emerging businesses, including minority–owned emerging businesses, in accessing market opportunities.

(c) (1) Except as provided in paragraph (2) of this subsection, Division II of the State Finance and Procurement Article does not apply to a service that the Administration obtains under this section.

(2) The Administration is subject to Title 12, Subtitle 4 of the State Finance and Procurement Article for services under this section.
Md. Code, Election Law § 9-102 — MD Code / Article gel / Title 9 / Subtitle 1 / Section 9-102
§9–102.
Status: in_force

(a) In this section, a “voter–verifiable paper record” includes:

(1) a paper ballot prepared by the voter for the purpose of being read by a precinct–based optical scanner;

(2) a paper ballot prepared by the voter to be mailed to the applicable local board, whether mailed from a domestic or an overseas location; and

(3) a paper ballot created through the use of a ballot marking device.

(b) The State Board shall adopt regulations for the review, certification, and decertification of voting systems.

(c) The State Board shall periodically review and evaluate alternative voting systems.

(d) The State Board may not certify a voting system unless the State Board determines that:

(1) the voting system will:

(i) protect the secrecy of the ballot;

(ii) protect the security of the voting process;

(iii) count and record all votes accurately;

(iv) accommodate any ballot used under this article;

(v) protect all other rights of voters and candidates;

(vi) be capable of creating a paper record of all votes cast in order that an audit trail is available in the event of a recount, including a manual recount; and

(vii) provide a voter–verifiable paper record that:

1. is an individual document that is physically separated from any other similar document and not part of a continuous roll;

2. is sufficiently durable to withstand repeated handling for the purposes of mandatory random audits and recounts; and

3. uses ink that does not fade, smear, or otherwise degrade and obscure or obliterate the paper record over time;

(2) the voting system has been:

(i) examined by an independent testing laboratory that is approved by the U.S. Election Assistance Commission; and

(ii) shown by the testing laboratory to meet the performance and test standards for electronic voting systems established by the Federal Election Commission or the U.S. Election Assistance Commission; and

(3) the public interest will be served by the certification of the voting system.

(e) In determining whether a voting system meets the required standards, the State Board shall consider:

(1) the commercial availability of the system and its replacement parts and components;

(2) the availability of continuing service for the system;

(3) the cost of implementing the system;

(4) the efficiency of the system;

(5) the likelihood that the system will malfunction;

(6) the system’s ease of understanding for the voter;

(7) the convenience of voting afforded by the system;

(8) the timeliness of the tabulation and reporting of election returns;

(9) the potential for an alternative means of verifying the tabulation;

(10) accessibility for all voters with disabilities recognized by the Americans with Disabilities Act; and

(11) any other factor that the State Board considers relevant.

(f) A voting system selected, certified, and implemented under this section shall:

(1) provide access to voters with disabilities that is equivalent to access afforded voters without disabilities without creating a segregated ballot for voters with disabilities;

(2) ensure the independent, private casting, inspection, verification, and correction of secret ballots by voters with disabilities in an accessible media by both visual and nonvisual means, including synchronized audio output and enhanced visual display; and

(3) comply with both the Americans with Disabilities Act, P.L. 101–336, and the Help America Vote Act, P.L. 107–252, including accessibility standards adopted as part of the Voluntary Voting System Guidelines pursuant to the Help America Vote Act.

(g) (1) At least one voting system in each polling place on election day shall provide access for voters with disabilities in compliance with subsection (f) of this section.

(2) The State Board shall ensure that adequate backup equipment is available and contingency plans are established to ensure compliance with paragraph (1) of this subsection.

(h) Before the selection of a voting system, the State Board shall:

(1) ensure that an accessible voting system conforms to the access requirements of the Voluntary Voting System Guidelines developed in accordance with the Help America Vote Act in effect at the time of selection; and

(2) conduct an accessibility and usability evaluation of the voting system to assess its accessibility and usability by voters with disabilities, including:

(i) a public demonstration of the system; and

(ii) an evaluation by individuals representing a cross–section of voters with disabilities.

(i) (1) The State Board shall adopt regulations relating to requirements for each voting system selected and certified under § 9–101 of this subtitle.

(2) The regulations shall specify the procedures necessary to assure that the standards of this title are maintained, including:

(i) a description of the voting system;

(ii) a public information program by the local board, at the time of introduction of a new voting system, to be directed to all voters, candidates, campaign groups, schools, and news media in the county;

(iii) local election officials’ responsibility for management of the system;

(iv) the actions required to assure the security of the voting system;

(v) the supplies and equipment required;

(vi) the storage, delivery, and return of the supplies and equipment necessary for the operation of the voting system;

(vii) standards for training election officials in the operation and use of the voting system;

(viii) before each election and for all ballot styles to be used, testing by the members of the local board to ensure the accuracy of tallying, tabulation, and reporting of the vote, and observing of that testing by representatives of political parties and of candidates who are not affiliated with political parties;

(ix) the number of voting stations or voting booths required in each polling place, in relation to the number of registered voters assigned to the polling place;

(x) the practices and procedures in each polling place appropriate to the operation of the voting system;

(xi) assuring ballot accountability in systems using a document ballot;

(xii) the actions required to tabulate votes; and

(xiii) postelection review and audit of the system’s output.

(3) Certification of a voting system is not effective until the regulations applicable to the voting system have been adopted.
Md. Code, Agriculture § 9-202 — MD Code / Article gag / Title 9 / Subtitle 2 / Section 9-202
§9–202.
Status: in_force

The Secretary shall:

(1) Inspect, sample, analyze, test, and examine any seed transported, sold, offered, or exposed for sale in the State for planting purposes, at any time and place and to any extent he deems necessary to determine whether the agricultural, vegetable, herb, flower, tree, or shrub seed complies with the provisions of this subtitle;

(2) Notify promptly the person who transported, sold, offered or exposed the seed for sale, of any violation of this subtitle;

(3) Prescribe, and after public hearing following reasonable notice, adopt rules and regulations governing the methods of inspecting, sampling, analyzing, testing, and examining agricultural, vegetable, herb, flower, tree, and shrub seed, and the tolerances to be followed in administering this subtitle, and any other rule or regulation necessary to enforce this subtitle;

(4) Prescribe, and after public hearing following reasonable notice, adopt or amend by rule or regulation a prohibited and restricted noxious weed list;

(5) Prescribe, and after public hearing following reasonable notice, adopt rules and regulations establishing reasonable standards of germination for seed;

(6) Establish and maintain or make provisions for laboratory and field testing of seeds, to employ qualified persons, and incur expenses necessary to comply with these provisions;

(7) Make or provide for making purity analyses, germination tests, and examinations of seeds for farmers and dealers on request;

(8) Prescribe rules and regulations governing the analyses, tests, and examinations;

(9) Fix and collect charges for the analyses, tests, and examinations;

(10) Publish the results of the analyses, tests, and examinations made under the provisions of this subtitle, together with any other information deemed advisable;

(11) Cooperate with the United States Department of Agriculture in seed law enforcement; and

(12) Direct seed certification work in the State.
Md. Code, Labor and Employment § 9-213 — MD Code / Article gle / Title 9 / Subtitle 2 / Section 9-213
§9–213.
Status: in_force

(a) An individual on jury duty in a circuit court of a county is a covered employee.

(b) For the purposes of this title, the State is the employer of an individual who is a covered employee under this section.
Md. Code, Business Occupations and Professions § 9-309 — MD Code / Article gbo / Title 9 / Subtitle 3 / Section 9-309
§9–309.
Status: in_force

(a) Unless a license is renewed for a 2–year term as provided in this section, the license expires on the first June 30 that comes:

(1) after the effective date of the license; and

(2) in an even–numbered year.

(b) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the license fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(1) otherwise is entitled to be licensed;

(2) pays to the Board the license fee set by the Board; and

(3) submits to the Board a renewal application on the form that the Board provides.

(d) The Board shall renew the license of each licensee who meets the requirements of this section.

(e) The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.

(f) The Board shall adopt regulations:

(1) to require a licensee to demonstrate continuing professional competency by completing at least 24 hours of professional development activities as a condition of renewal of a license under this section; and

(2) in accordance with the following:

(i) the continuing professional competency requirement does not apply to the first renewal of a license;

(ii) if a license expires on or before September 30, 2015, a licensee is not required to fulfill the continuing professional competency requirement;

(iii) if a license expires between October 1, 2015, and September 30, 2016, a licensee is required to fulfill 50% of the continuing professional competency requirement as provided in regulations adopted by the Board under this subsection; and

(iv) if a license expires on or after October 1, 2016, a licensee is required to fulfill the full continuing professional competency requirement as provided in regulations adopted by the Board under this subsection.
Md. Code, Election Law § 9-505 — MD Code / Article gel / Title 9 / Subtitle 5 / Section 9-505
§9–505.
Status: in_force

(a) A vote–by–mail ballot is considered timely and may be counted if the ballot:

(1) is returned in person to the office of a local board by the voter or the voter’s duly authorized agent no later than 8 p.m. on the day of a special election; or

(2) (i) is received by mail by a local board no later than 10 a.m. on the second Friday after a special election; and

(ii) was mailed on or before election day, as verified:

1. by a postmark; or

2. if the return envelope does not contain a postmark or the postmark is illegible, by the voter’s affidavit that the ballot was mailed on or before election day.

(b) A vote–by–mail ballot that does not meet the requirements of subsection (a) of this section is not timely and may not be counted.
Md. Code, Alcoholic Beverages and Cannabis § 9-1402 — MD Code / Article gab / Title 9 / Subtitle 14 / Section 9-1402
§9–1402.
Status: in_force

(a) Only a United States citizen may have an interest of any kind in a business for which a license is issued.

(b) The Board may not issue a license to an individual who is not a resident of the county.
Md. Code, Health Occupations § 9-3A-01 — MD Code / Article gho / Title 9 / Subtitle 3A / Section 9-3A-01
§9–3A–01.
Status: in_force

(a) Except as otherwise provided in this subtitle, beginning July 1, 2026, an individual must be licensed by the Board before the individual may practice as an assisted living manager in the State.

(b) (1) If a licensed assisted living manager leaves or is removed from a position as an assisted living manager by death or for any other unexpected cause, the owner of the assisted living program or other appropriate designee shall immediately:

(i) 1. Designate a licensed assisted living manager to serve in that capacity; and

2. Notify the Board of the designated licensed assisted living manager’s name; or

(ii) Appoint an alternate assisted living manager or a nonlicensed individual to serve in the capacity of interim assisted living manager.

(2) (i) The appointed alternate assisted living manager or nonlicensed individual may act as the interim assisted living manager on filing an application with the Board requesting a provisional license to practice as the interim assisted living manager for a period not to exceed 90 days.

(ii) 1. The owner or other appropriate designee shall immediately notify the Board of the appointment and forward the credentials of the individual appointed to the Board for evaluation to ensure that the individual appointed is experienced, trained, and competent.

2. The Board may issue a provisional license to the applicant if the Board determines, in its discretion, that the applicant is of good moral character and capable of adequately administering the assisted living program for the provisional period.

3. If the Board denies an application submitted in accordance with subparagraph (i) of this paragraph:

A. The nonlicensed individual shall immediately cease acting as the interim assisted living manager; and

B. If a licensed assisted living manager remains unavailable, the owner or other appropriate designee shall immediately appoint another nonlicensed individual to act as the interim assisted living manager.

4. An individual appointed under subsubparagraph 3 of this subparagraph shall file an application for a provisional license with the Board in accordance with this paragraph.

(iii) The provisional period begins on the date that the licensed assisted living manager leaves or is removed from the position as an assisted living manager.

(iv) The Board, on request and for good cause shown, may extend the initial provisional period for a further period of not more than 30 days.

(3) Except as provided in paragraph (6) of this subsection, a licensed assisted living manager designated under paragraph (1)(i) of this subsection shall submit to a criminal history records check in accordance with § 9–302.1 of this title.

(4) Except as provided in paragraph (6) of this subsection, an individual appointed in accordance with paragraph (1)(ii) of this subsection shall submit to a criminal history records check in accordance with § 9–302.1 of this title.

(5) The Board may deny approval of an appointment under paragraph (2) of this subsection based on the results of a criminal history records check required under paragraph (3) or (4) of this subsection after consideration of the factors listed in § 9–3A–05(b)(1) of this subtitle.

(6) Paragraphs (3) and (4) of this subsection do not apply to an individual licensed, certified, or registered by a health occupations board who previously has completed a criminal history records check required for licensure, certification, or registration.
Md. Code, Labor and Employment § 9-626 — MD Code / Article gle / Title 9 / Subtitle 6 / Section 9-626
§9–626.
Status: in_force

(a) Except as provided in subsection (b) of this section, a covered employee who is entitled to compensation under this subtitle for a permanent partial disability shall receive minimum weekly compensation of $50.

(b) If the covered employee has an average weekly wage of less than $50 at the time of the accidental personal injury or the last injurious exposure to the hazards of the occupational disease, the covered employee shall receive minimum compensation that equals the average weekly wage of the covered employee.
Md. Code, Environment § 9-212.1 — MD Code / Article gen / Title 9 / Subtitle 2 / Section 9-212.1
§9–212.
Status: in_force

§9–212.1.

The Department may deny an application for a permit for a sanitary landfill system to any nongovernmental person if:

(1) The owner of the land, the operator, or the applicant has violated:

(i) Any law of this State or any other state concerning sanitary landfills; or

(ii) Any regulation or permit condition of this State or any other state concerning sanitary landfills; or

(2) The Department finds that operation of the sanitary landfill system would harm public health or the environment.
Md. Code, Tax - Property § 9-259 — MD Code / Article gtp / Title 9 / Subtitle 2 / Section 9-259
§9–259.
Status: reserved

(a) (1) In this section the following words have the meanings indicated.

(2) “Dwelling” has the meaning stated in § 9–105 of this title.

(3) “Homeowner” has the meaning stated in § 9–105 of this title.

(b) The Mayor and City Council of Baltimore City or the governing body of a county or municipal corporation may grant, by law, a property tax credit against the county or municipal corporation property tax imposed on a dwelling that is:

(1) located in a revitalization district;

(2) owned by a homeowner who, on or after June 1, 2017, made substantial improvements to the dwelling in compliance with the code and laws applied to dwellings; and

(3) reassessed at a higher value.

(c) The tax credit under this section shall equal the amount of county or municipal corporation property tax imposed on the increased value of the dwelling since the last reassessment that is attributable to the improvements made to the property, multiplied by:

(1) 100% for the first taxable year following the first reassessment after the improvements are made;

(2) 80% for the second taxable year following the first reassessment after the improvements are made;

(3) 60% for the third taxable year following the first reassessment after the improvements are made;

(4) 40% for the fourth taxable year following the first reassessment after the improvements are made;

(5) 20% for the fifth taxable year following the first reassessment after the improvements are made; and

(6) 0% for each taxable year thereafter.

(d) If ownership of a dwelling that is eligible for a tax credit under this section is transferred, the grantee is eligible for the balance of the property tax credit under this section in the same manner and under the same conditions as the grantor of the property.

(e) The Mayor and City Council of Baltimore City or the governing body of a county or municipal corporation shall define, by law, revitalization districts for purposes of the tax credit under this section.

(f) The Mayor and City Council of Baltimore City or the governing body of a county or municipal corporation may provide, by law, for:

(1) additional eligibility criteria for the tax credit under this section;

(2) regulations and procedures for the application and uniform processing of requests for the tax credit; and

(3) any other provision necessary to carry out the tax credit.
Md. Code, State Personnel and Pensions § 9-604 — MD Code / Article gsp / Title 9 / Subtitle 6 / Section 9-604
§9–604.
Status: in_force

(a) (1) Subject to the limitations in this title or in any other law, an employee may voluntarily donate unused annual, sick, or personal leave to another employee who has exhausted all available annual, personal, sick, and compensatory leave because of a serious and prolonged medical condition of the employee or a catastrophic illness or injury of a member of the employee’s immediate family.

(2) The employee who donates leave shall designate the recipient of the leave.

(b) An employee who receives leave through the Leave Donation Program may only use the leave for:

(1) an illness or disability of the employee due to the medical condition that existed at the time of the donation; or

(2) a catastrophic illness or injury of a member of the employee’s immediate family for whom the employee is needed to provide direct care.

(c) (1) An employee may use leave received through the Leave Donation Program for a catastrophic illness or injury of a member of the employee’s immediate family only after obtaining approval from the employee’s appointing authority.

(2) Approval by the employee’s appointing authority is discretionary, and denial may be based on any reason which is consistently applied and that is not illegal or unconstitutional.
Md. Code, State Finance and Procurement § 9-108 — MD Code / Article gsf / Title 9 / Subtitle 1 / Section 9-108
§9–108.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Detention center function” includes:

(i) operating and administering a detention center; and

(ii) supervising personnel who perform a function described in item (i) of this paragraph.

(3) “Law enforcement function” includes:

(i) conducting patrol;

(ii) making stops and arrests;

(iii) investigating criminal offenses; and

(iv) supervising personnel who perform a function described in items (i) through (iii) of this paragraph.

(b) This section applies to any sheriff or deputy sheriff engaged in any activity other than those activities relating to:

(1) courthouse security;

(2) service of process;

(3) the transportation of incarcerated individuals to and from court proceedings;

(4) personnel and other administrative activities;

(5) activities, including activities relating to performing law enforcement functions, arising under a multijurisdictional agreement under the supervision and direction of the Maryland State Police or other State agency; or

(6) any other activities, except activities relating to performing law enforcement functions or detention center functions.

(c) A county or Baltimore City may obtain insurance to provide the coverage and defense necessary under the Maryland Tort Claims Act.

(d) (1) If a county or Baltimore City does not obtain adequate insurance coverage to satisfy the coverage and defense necessary under the Maryland Tort Claims Act, an assessment for coverage and for payment of any litigation expenses, other than for compensation for the time spent by any State employee working for the Attorney General, shall be set off from:

(i) any tax which has been appropriated in the State budget to the county or Baltimore City; or

(ii) the subdivision’s share of any income tax collected by the State Comptroller.

(2) Any amount due under this subsection shall be collected in the manner provided by § 7–222 of this article.
Md. Code, Environment § 9-803 — MD Code / Article gen / Title 9 / Subtitle 8 / Section 9-803
§9–803.
Status: in_force

It is the policy of this State that each municipality that engages in the development of any sewerage facility under this subtitle shall manage the sewerage facility as economically and efficiently as possible:

(1) To promote the health and welfare of the inhabitants of the municipality and of this State by preventing, reducing, or eliminating the pollution of the waters of this State; and

(2) To provide the services of the sewerage facility to consumers at the lowest possible cost.
Md. Code, Labor and Employment § 9-305 — MD Code / Article gle / Title 9 / Subtitle 3 / Section 9-305
§9–305.
Status: in_force

(a) (1) The Chairman of the Commission may employ a staff for the Commission in accordance with the State budget.

(2) Except as otherwise provided by law, the staff is in the State Personnel Management System.

(b) The Secretary of the Commission shall:

(1) perform each duty that the Chairman of the Commission assigns; and

(2) keep, at the principal office of the Commission, a public record of:

(i) each proceeding of the Commission, including:

1. each claim that the Commission considers; and

2. each award that the Commission allows to an employee or any person for a service;

(ii) each document required to be submitted by the Commission or by a regulation of the Commission;

(iii) each decision of the Commission; and

(iv) each order passed by the Commission.

(c) The Chairman may designate another employee of the Commission to exercise the powers and carry out the duties of the Secretary whenever the Secretary is absent.
Md. Code, Tax - Property § 9-301 — MD Code / Article gtp / Title 9 / Subtitle 3 / Section 9-301
§9–301.
Status: in_force

(a) Except as otherwise specifically provided, the provisions of this section apply to property tax credits granted under this subtitle.

(b) A property tax credit granted under this subtitle shall be granted against 100% of all property tax or special district charges that otherwise would be due.

(c) The Mayor and City Council of Baltimore City or the appropriate governing body may adopt regulations necessary to carry out the property tax credit provisions of this subtitle.

(d) When a tax bill is sent to a taxpayer who is entitled to a property tax credit under this subtitle, the Mayor and City Council of Baltimore City or the appropriate governing body shall give notice of each property tax credit under this subtitle that the taxpayer is entitled to.

(e) (1) To receive a property tax credit under this subtitle, a taxpayer shall apply for the property tax credit.

(2) Except as provided under § 9-312 of this subtitle for Frederick County, if a taxpayer fails to apply for a property tax credit under this subtitle on or before October 1 of each taxable year, the property tax credit may not be granted.

(3) A taxpayer shall state under oath that the facts in the application are true.

(f) (1) The Mayor and City Council of Baltimore City or each governing body that grants a property tax credit under this subtitle shall designate the administrative unit or official to administer each tax credit that it grants under this subtitle.

(2) Annually on or before December 31, the Mayor and City Council of Baltimore City or each governing body that grants a property tax credit under this subtitle shall submit to the Department on the form that the Department provides:

(i) the total value of all property tax credits granted by the governing body under this subtitle;

(ii) an itemized list of the property tax credits granted for real property; and

(iii) an itemized list of the property tax credits granted for personal property.

(3) The Mayor and City Council of Baltimore City or each governing body that grants a property tax credit under this subtitle shall:

(i) in the same manner as the assessment roll, make available for public inspection bound copies of the forms required by paragraph (2) of this subsection; and

(ii) identify clearly on the tax roll the properties that are granted a property tax credit under this subtitle.
Md. Code, Insurance § 9-314 — MD Code / Article gin / Title 9 / Subtitle 3 / Section 9-314
§9–314.
Status: in_force

(a) A member insurer, the Corporation or its agents or employees, the Board of Directors, and the Commissioner or the Commissioner’s representatives shall have the immunity from liability described in § 5-412 of the Courts Article.

(b) Notwithstanding subsection (a) of this section, the Corporation is not and may not be deemed a department, unit, agency, or instrumentality of the State.
Md. Code, Environment § 9-1601 — MD Code / Article gen / Title 9 / Subtitle 16 / Section 9-1601
§9–1601.
Status: in_force

(a) Unless the context clearly requires otherwise, in this subtitle the following words have the meanings indicated.

(b) “Administration” means the Maryland Water Infrastructure Financing Administration.

(c) “Bay Restoration Fund” means the Bay Restoration Fund established under § 9–1605.2 of this subtitle.

(d) “Biological nutrient removal” means a biological nutrient removal technology capable of reducing the nitrogen in wastewater effluent to not more than 8 milligrams per liter, as calculated on an annually averaged basis.

(e) (1) “Blue infrastructure” means a water–based natural area or natural feature, or a system or feature designed to protect, mimic, or enhance a natural function, that:

(i) Absorbs and filters pollutants;

(ii) Attenuates shoreline erosion;

(iii) Protects communities from flooding or storm surge;

(iv) Reduces erosion; or

(v) Sequesters carbon.

(2) “Blue infrastructure” includes:

(i) Enhanced or restored oyster reefs;

(ii) Enhanced or restored seagrass beds;

(iii) Shellfish aquaculture projects;

(iv) Floating wetlands; and

(v) Restored freshwater mussel populations.

(f) “Board” means the Board of Public Works.

(g) “Bond” means a bond, note, or other evidence of obligation of the Administration issued under this subtitle, including a bond or revenue anticipation note, notes in the nature of commercial paper, and refunding bonds.

(h) “Bond resolution” means the resolution or resolutions of the Director, including the trust agreement, if any, authorizing the issuance of and providing for the terms and conditions applicable to bonds.

(i) “Borrower” means a local government or a person as defined in § 1–101(h) of this article who has received a loan.

(j) “Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund” means the Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund established under § 9–1605.3 of this subtitle.

(k) “Community sewerage system” means a publicly or privately owned sewerage system that serves at least two lots.

(l) “Director” means the Director of the Administration.

(m) “Drinking Water Loan Fund” means the Maryland Drinking Water Revolving Loan Fund.

(n) “Eligible costs” means the costs identified under § 9–1605.2(i) of this subtitle.

(o) “Enhanced nutrient removal” means:

(1) An enhanced nutrient removal technology that is capable of reducing the nitrogen and phosphorus concentrations in wastewater effluent to concentrations of not more than 3 milligrams per liter total nitrogen and not more than 0.3 milligrams per liter total phosphorus, as calculated on an annually averaged basis; or

(2) If the Department has determined that the concentrations under item (1) of this subsection are not practicable for a wastewater facility, the lowest average annual wastewater effluent nitrogen and phosphorus concentrations that the Department determines are practicable for that facility.

(p) “Environmental outcome” means a commodity that is modeled or directly measured as a single, quantifiable, and certified unit of improvement to the environment, including a nutrient or carbon benefit.

(q) “Equivalent dwelling unit” means a measure of wastewater effluent where one unit is equivalent to:

(1) If a local government or billing authority for a wastewater facility has established a definition for “equivalent dwelling unit” on or before January 1, 2004, the average daily flow of wastewater effluent that the local government or billing authority has established to be equivalent to the average daily flow of wastewater effluent discharged by a residential dwelling, which may not exceed 250 gallons; or

(2) If a local government or billing authority has not established a definition for “equivalent dwelling unit” on or before January 1, 2004, or if a local government or billing authority has established a definition that exceeds 250 gallons of wastewater effluent per day, an average daily flow of 250 gallons of wastewater effluent.

(r) “Facility” means a wastewater facility or all or a portion of a water supply system as defined in § 9–201(u) of this title.

(s) “Federal Safe Drinking Water Act” means Title XIV of the Public Health Service Act, P.L. 93–523, as amended, 42 U.S.C. § 300f, et seq., and the rules and regulations promulgated thereunder.

(t) “Federal Water Pollution Control Act” means the Water Pollution Control Act of 1972, P.L. 92–500, as amended, 33 U.S.C. § 1251, et seq., and rules and regulations promulgated thereunder.

(u) “Fund” means a fund established by this subtitle, including the Water Quality Fund, the Drinking Water Loan Fund, the Bay Restoration Fund, and the Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund.

(v) “Grant” means a grant from the Administration to a grantee.

(w) “Grant agreement” means a written agreement between the Administration and a grantee with respect to a grant.

(x) “Grantee” means the grant recipient.

(y) (1) “Green infrastructure” means a land–based natural area or natural feature, or a system or feature designed to protect, mimic, or enhance a natural function, that:

(i) Absorbs and filters pollutants;

(ii) Protects communities from flooding or storm surge;

(iii) Reduces erosion; or

(iv) Sequesters carbon.

(2) “Green infrastructure” includes:

(i) Enhanced or restored natural landscape features, such as forests, streams, wetlands, riparian buffers, headwaters, or floodplains;

(ii) Rain gardens;

(iii) Permeable pavement;

(iv) Pocket parks;

(v) Bioswales;

(vi) Green roofs;

(vii) Infiltration planters;

(viii) Tree plantings or tree boxes; and

(ix) Rainwater harvesting.

(z) “Lender” has the meaning stated in § 9–1606.1 of this subtitle.

(aa) “Linked deposit” has the meaning stated in § 9–1606.1 of this subtitle.

(bb) “Linked deposit loan” has the meaning stated in § 9–1606.1 of this subtitle.

(cc) “Linked deposit program” has the meaning stated in § 9–1606.1 of this subtitle.

(dd) “Loan” means a loan from the Administration to a borrower for the purpose of financing all or a portion of the cost of a wastewater facility, if the loan is from the Water Quality Fund, or water supply system, if the loan is from the Drinking Water Loan Fund.

(ee) “Loan agreement” means a written agreement between the Administration and a borrower with respect to a loan.

(ff) “Loan obligation” means a bond, note, or other evidence of obligation, including a mortgage, deed of trust, lien, or other security instrument, issued or executed by a borrower to evidence its indebtedness under a loan agreement with respect to a loan.

(gg) (1) “Local government” means a county, municipal corporation, sanitary district, or other State or local public entity that has authority to own or operate a facility.

(2) “Local government” includes any combination of two or more of the public entities under paragraph (1) of this subsection when acting jointly to construct or operate a facility.

(hh) (1) “Person” means an individual, a corporation, a partnership, an association, a nonprofit entity, the State, any unit of the State, a commission, a special taxing district, or the federal government.

(2) “Person” does not include a county, municipal corporation, bi–county or multicounty agency under Division II of the Land Use Article or Division II of the Public Utilities Article, housing authority under Division II of the Housing and Community Development Article, school board, community college, or any other unit of a county or municipal corporation, or a local fire department, as defined in § 9–401 of the Public Safety Article.

(ii) (1) “Residential dwelling” means a room or group of rooms occupied as living quarters by an individual, a single family, or other discrete group of persons with facilities that are used or intended to be used for living, sleeping, cooking, sanitation, and eating, including an apartment unit, condominium unit, cooperative unit, town house unit, mobile home, or house.

(2) “Residential dwelling” does not include a hospital, a hotel, a motel, an inn, a boarding house, a club, a dormitory, a school, a college, or a similar seasonal, institutional, or transient facility.

(jj) “Single site” means a discrete grouping of buildings or structures that are located on contiguous or adjacent property and owned by the same user.

(kk) (1) “User” means any person discharging wastewater to:

(i) A wastewater facility that has a State discharge permit or national pollutant discharge elimination system discharge permit;

(ii) An on–site sewage disposal system; or

(iii) A sewage holding tank.

(2) “User” does not include a person whose sole discharge is stormwater under a stormwater permit.

(ll) (1) “Wastewater facility” means any equipment, plant, treatment works, structure, machinery, apparatus, interest in land, or any combination of these, which is acquired, used, constructed, or operated:

(i) For the storage, collection, treatment, neutralization, stabilization, reduction, recycling, reclamation, separation, or disposal of wastewater;

(ii) To improve water conservation, reduce energy consumption, or increase security; or

(iii) For the final disposal of residues resulting from the treatment of wastewater.

(2) “Wastewater facility” includes:

(i) Treatment or disposal plants; outfall sewers, interceptor sewers, and collector sewers; pumping and ventilating stations, facilities, and works; and other real or personal property and appurtenances incident to their development, use, or operation;

(ii) Any programs and projects for managing, reducing, treating, recapturing, abating, or controlling nonpoint sources of water pollution, including stormwater or subsurface drainage water; and

(iii) Any programs and projects for improving estuarine conservation and management.

(mm) “Water Quality Fund” means the Maryland Water Quality Revolving Loan Fund.

(nn) “Water supply system” has the meaning stated in § 9–201(u) of this title.
Md. Code, Criminal Law § 9-504 — MD Code / Article gcr / Title 9 / Subtitle 5 / Section 9-504
§9–504.
Status: in_force

(a) This section does not apply to a statement made or rumor circulated by an officer, employee, or agent of a bona fide civilian defense organization or unit, if made in the regular course of the person’s duties.

(b) A person may not circulate or transmit to another, with intent that it be acted on, a statement or rumor that the person knows to be false about the location or possible detonation of a destructive device or the location or possible release of toxic material, as those terms are defined in § 4-501 of this article.

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(d) A crime under this section committed using a telephone or other electronic means may be prosecuted in the county in which:

(1) the communication originated;

(2) the communication was received; or

(3) the destructive device or toxic material was stated or was rumored to be located.

(e) (1) In addition to the penalty provided in subsection (c) of this section, a court may order a person convicted or found to have committed a delinquent act under this section to pay restitution to:

(i) the State, county, municipal corporation, bicounty unit, multicounty unit, county board of education, public authority, or special taxing district for actual costs reasonably incurred in responding to a location and searching for a destructive device as a result of a violation of this section; and

(ii) the owner or tenant of a property for the actual value of any goods, services, or income lost as a result of the evacuation of the property as a result of a violation of this section.

(2) This subsection may not be construed to limit the right of a person to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article.

(3) (i) If the person convicted or found to have committed a delinquent act under this section is a minor, the court may order the minor, the minor’s parent, or both to pay the restitution described in paragraph (1) of this subsection.

(ii) Except as otherwise provided in this section, the provisions of Title 11, Subtitle 6 of the Criminal Procedure Article apply to an order of restitution under this paragraph.

(f) In addition to any other penalty authorized by law, if the person convicted or found to have committed a delinquent act under this section is a minor, the court may order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of the minor for a specified period not to exceed:

(1) for a first violation, 6 months; and

(2) for each subsequent violation, 1 year or until the person is 21 years old, whichever is longer.
Md. Code, Labor and Employment § 9-735 — MD Code / Article gle / Title 9 / Subtitle 7 / Section 9-735
§9–735.
Status: in_force

(a) This section applies only to a prisoner who is a covered employee under § 9-221 of this title.

(b) A prisoner who is permanently partially disabled or temporarily totally disabled shall file a claim with the Commission in accordance with this subtitle.

(c) (1) After a prisoner has filed a claim, the Commission shall decide any issue of coverage or compensability.

(2) Until the prisoner is discharged by pardon, parole, or expiration of sentence, the Commission may not:

(i) hold a hearing on or determine a permanent partial disability or permanent total disability of the prisoner; or

(ii) make an award to the prisoner.

(d) (1) When the prisoner is discharged from a correctional institution, the institution promptly shall notify the Commission of the discharge.

(2) Promptly after receiving notice under paragraph (1) of this subsection, the Commission shall schedule a hearing to determine the extent of any permanent partial or permanent total disability of the prisoner as of the date of discharge.
Md. Code, Election Law § 9-306 — MD Code / Article gel / Title 9 / Subtitle 3 / Section 9-306
§9–306.
Status: in_force

(a) Promptly after receipt of an application, the election director shall review the application and determine whether the applicant qualifies to vote by absentee ballot.

(b) If the applicant qualifies to vote by absentee ballot, the local board shall provide the ballot by one of the following methods requested by the voter:

(1) mail;

(2) facsimile transmission;

(3) the Internet; or

(4) by hand during an in–person transaction.

(c) (1) Not later than 43 days before an election, the local board shall send a ballot to each voter who qualifies to vote by absentee ballot and has made a request at least 60 days before the election to receive the ballot by mail, facsimile transmission, or the Internet.

(2) A local board shall provide a ballot to a voter who qualifies to vote by absentee ballot and makes a request less than 60 days before an election:

(i) as soon as practicable after receipt of the request; or

(ii) immediately for an in–person transaction with a voter or the voter’s duly authorized agent.

(d) (1) If the members of the local board determine that the applicant is not entitled to vote by absentee ballot, the local board shall notify the applicant as soon as practicable after receipt of the application of the reasons for the rejection.

(2) (i) The local board may delegate the determination under paragraph (1) of this subsection to the staff of the local board.

(ii) If the determination has been delegated, the applicant may appeal the rejection to the members of the local board, who shall decide the appeal as expeditiously as practicable.

(e) Not more than one absentee ballot may be issued to a voter unless the election director of the local board has reasonable grounds to believe that an absentee ballot previously issued to the voter has been lost, destroyed, or spoiled.
Md. Code, Labor and Employment § 9-231.1 — MD Code / Article gle / Title 9 / Subtitle 2 / Section 9-231.1
§9–231.
Status: in_force

§9–231.1.

(a) A volunteer worker for a unit of State government is a covered employee.

(b) For the purposes of this title, the State is the employer of an individual who is a covered employee under this section.

(c) Notwithstanding any other provision of this title, benefits provided under this section shall consist only of medical services and treatment under Subtitle 6, Part IX of this title for a compensable injury.
Md. Code, Commercial Law § 9-204 — MD Code / Article gcl / Title 9 / Subtitle 2 / Section 9-204
§9–204.
Status: in_force

(a) Except as otherwise provided in subsection (b), a security agreement may create or provide for a security interest in after-acquired collateral.

(b) A security interest does not attach under a term constituting an after-acquired property clause to:

(1) Consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within 10 days after the secured party gives value; or

(2) A commercial tort claim.

(c) A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
Md. Code, Tax - Property § 9-102 — MD Code / Article gtp / Title 9 / Subtitle 1 / Section 9-102
§9–102.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Assets” include:

1. real property;

2. cash;

3. savings accounts;

4. stocks;

5. bonds; and

6. any other investment.

(ii) “Assets” do not include:

1. the cash value of the life insurance policies on the life of the renter;

2. the cash value of any qualified retirement savings plans or individual retirement accounts; or

3. tangible personal property.

(3) “Assumed real property tax” means:

(i) 15% of the occupancy rent paid by a renter during the calendar year; or

(ii) 15% of the occupancy rent paid by a renter during the calendar year plus any tax paid under § 20–501 of the Local Government Article.

(4) “Combined income” means the combined gross income of all individuals who actually reside in a dwelling except an individual who:

(i) is a dependent of the renter under § 152 of the Internal Revenue Code; or

(ii) pays a reasonable amount for rent or room and board.

(5) (i) “Dwelling” means a rental unit that is the principal residence of a renter.

(ii) “Dwelling” includes a mobile home pad on which the principal residence of the renter rests.

(6) (i) “Gross income” means the total income from all sources for the calendar year that immediately precedes the taxable year, whether or not the income is included in the definition of gross income for federal or State tax purposes.

(ii) “Gross income” includes:

1. any benefit under the Social Security Act or the Railroad Retirement Act;

2. the aggregate of gifts over $300;

3. alimony;

4. support money;

5. any nontaxable strike benefit;

6. public assistance received in a cash grant;

7. a pension;

8. an annuity;

9. any unemployment insurance benefit;

10. any workers’ compensation benefit; and

11. the net income received from a business, rental, or other endeavor.

(iii) “Gross income” does not include:

1. any income tax refund received from the State or federal government, including any refundable portion of the federal earned income tax credit; or

2. any loss from business, rental, or other endeavor.

(7) “Net worth” means the sum of the current market value of all assets, less any outstanding liability.

(8) “Occupancy rent” means the rent paid for the right to occupy a dwelling less the reasonable value of the utilities or furnishings or both if the utilities or the use of the furnishings or both are included in the rent.

(9) “Renter” means an individual, who during the calendar year for which the property tax relief under this section is sought, actually occupies a dwelling in which the individual has a leasehold interest and who:

(i) is at least 60 years old;

(ii) has been found permanently and totally disabled and has qualified for benefits under:

1. the Social Security Act;

2. the Railroad Retirement Act;

3. any federal act for service members; or

4. any federal retirement system;

(iii) has been found permanently and totally disabled by a county health officer or the Baltimore City Commissioner of Health; or

(iv) is under the age of 60 years and:

1. has gross income below the poverty threshold that is established by the U.S. Department of Commerce, Bureau of the Census in August of the previous calendar year;

2. has 1 or more dependent children under 18 years old living with the renter; and

3. does not receive federal or State housing subsidies or reside in public housing.

(b) There is a property tax relief program for any renter.

(c) The Department shall adopt regulations necessary to carry out this section.

(d) (1) (i) The Department shall:

1. give to each renter notice of possible property tax relief under this section; and

2. establish a marketing campaign to promote the use of the property tax relief program under this section.

(ii) The marketing campaign shall focus on reaching renters in high poverty areas throughout the State.

(2) The Comptroller shall provide in each package of income tax forms and instructions notice of the availability of a property tax credit under this section. Such notice shall be similar in every way to that provided homeowners in § 9–104(f) of this subtitle.

(3) The Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on or before December 31, 2015, and every 2 years thereafter, on the promotion of the property tax relief program under paragraph (1) of this subsection.

(e) If a dwelling is not actually occupied or expected to be occupied by the renter for 6 months or more of the calendar year, the dwelling is not a principal residence.

(f) (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, on or before October 1 of the year following the calendar year for which property tax relief under this section is sought, a renter may apply to the Department for the property tax relief.

(ii) The application shall be made on the form that the Department provides.

(2) For good cause, the Department may accept an application from a renter after October 1 but on or before October 31 of the year following the calendar year for which property tax relief under this section is sought.

(3) The Department may accept an application from a renter within 3 years after October 1 of the calendar year for which the property tax relief under this section is sought if the renter was:

(i) at least 70 years old in the calendar year for which the property tax relief under this section is sought; and

(ii) eligible for the property tax relief under this section for the taxable year for which the relief is sought.

(4) The renter shall state under oath that the statements in the application are true.

(5) To substantiate the application, the applicant may be required to provide a copy of an income tax return, or other evidence detailing gross income or net worth.

(g) Notwithstanding § 13–202 of the Tax – General Article, to verify the income stated in an application, the Comptroller shall give the Department the information required.

(h) (1) The property tax relief that a renter may receive under this section is the assumed property tax on real property less a percentage of the combined income of the renter.

(2) The percentage is:

(i) 0% of the 1st $4,000 of combined income;

(ii) 2.5% of the 2nd $4,000 of combined income; and

(iii) 5.5% of the combined income over $8,000.

(i) The property tax relief under this section may not be:

(1) more than $1,000;

(2) granted to any renter whose combined net worth exceeds $200,000 as of December 31 of the calendar year for which the property tax relief is sought;

(3) granted to any renter whose dwelling is exempt from property tax; and

(4) granted if the credit under this section is less than $1 in any year.

(j) (1) The Department shall:

(i) process applications upon receipt;

(ii) certify to the Comptroller the property tax relief under this section due each renter; and

(iii) make the certifications required under item (ii) of this paragraph no less frequently than each month.

(2) The Comptroller shall pay the amount to the renter upon receipt of the certification from the Department.
Md. Code, Commercial Law § 9-332 — MD Code / Article gcl / Title 9 / Subtitle 3 / Section 9-332
§9–332.
Status: in_force

(a) A transferee of money takes the money free of a security interest unless the transferee acts in collusion with the debtor in violating the rights of the secured party.

(b) A transferee of funds from a deposit account takes the funds free of a security interest in the deposit account unless the transferee acts in collusion with the debtor in violating the rights of the secured party.
Md. Code, Human Services § 9-206 — MD Code / Article ghu / Title 9 / Subtitle 2 / Section 9-206
§9–206.
Status: in_force

(a) With the approval of the Governor, the Secretary may appoint three deputy secretaries as necessary.

(b) The deputy secretaries:

(1) serve at the pleasure of the Secretary; and

(2) are entitled to the compensation provided in the State budget.

(c) The deputy secretaries have the duties provided by law or delegated by the Secretary.

(d) The Secretary shall designate a deputy secretary to be the Acting Secretary when the Secretary is absent from the State or otherwise unavailable.
Md. Code, Tax - Property § 9-250 — MD Code / Article gtp / Title 9 / Subtitle 2 / Section 9-250
§9–250.
Status: in_force

(a) In this section, “accessibility feature” means:

(1) a no–step entrance allowing access into a residence;

(2) interior passage doors providing at least a 32–inch–wide clear opening;

(3) grab bars around a toilet, tub, or shower installed to support at least 250 pounds;

(4) light switches, outlets, and thermostats placed in wheelchair–accessible locations;

(5) lever handles on doors; and

(6) universal design features or any accessibility enhancing design feature prescribed by the Department of Housing and Community Development under § 12–202 of the Public Safety Article.

(b) The Mayor and City Council of Baltimore City or the governing body of a county or of a municipal corporation may grant, by law, a tax credit against the county or municipal corporation property tax imposed on residential real property equipped with an accessibility feature.

(c) The Mayor and City Council of Baltimore City or the governing body of a county or of a municipal corporation may provide, by law, for:

(1) the amount and duration of the tax credit under this section;

(2) additional eligibility criteria for the tax credit under this section;

(3) regulations and procedures for the application and uniform processing of requests for the tax credit; and

(4) any other provision necessary to carry out the credit under this section.
Md. Code, Corporations and Associations § 9A-906 — MD Code / Article gca / Title 9A / Subtitle 9 / Section 9A-906
§9A–906.
Status: in_force

(a) The Department shall prepare certificates of merger that specify:

(1) The name of each party to the articles of merger;

(2) The name of the successor and the location of its principal office in this State or, if it has none, its principal place of business; and

(3) The time the articles of merger are accepted for record by the Department.

(b) In addition to any other provision of law with respect to recording, the Department shall send one of the certificates of merger to the clerk of the circuit court of each county in the State where the articles of merger show that a merging partnership, limited liability company, limited partnership, corporation or business trust other than the successor owns an interest in land.

(c) On receipt of a certificate, a clerk promptly shall record it with the land records.
Md. Code, State Government § 9-20B-05 — MD Code / Article gsg / Title 9 / Subtitle 20B / Section 9-20B-05
§9–20B–05.
Status: reserved

§9–20B–05. IN EFFECT

(a) There is a Maryland Strategic Energy Investment Fund.

(b) The purpose of the Fund is to implement the Strategic Energy Investment Program.

(c) The Administration shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

(e) The Fund consists of:

(1) all of the proceeds from the sale of allowances under § 2–1002(g) of the Environment Article;

(2) money appropriated in the State budget to the Program;

(3) repayments and prepayments of principal and interest on loans made from the Fund;

(4) compliance fees paid under § 7–705 of the Public Utilities Article;

(5) money received from any public or private source for the benefit of the Fund;

(6) money transferred from the Public Service Commission under § 7–207.2(d)(3) of the Public Utilities Article; and

(7) money distributed under § 2–614.1 of the Tax – General Article.

(f) The Administration shall use the Fund:

(1) to invest in the promotion, development, and implementation of:

(i) cost–effective energy efficiency and conservation programs, projects, or activities, including measurement and verification of energy savings;

(ii) renewable and clean energy resources;

(iii) climate change programs directly related to reducing or mitigating the effects of climate change; and

(iv) demand response programs that are designed to promote changes in electric usage by customers in response to:

1. changes in the price of electricity over time; or

2. incentives designed to induce lower electricity use at times of high wholesale market prices or when system reliability is jeopardized;

(2) to provide targeted programs, projects, activities, and investments to reduce electricity consumption by customers in the low–income and moderate–income residential sectors;

(3) to provide supplemental funds for low–income energy assistance through the Electric Universal Service Program established under § 7–512.1 of the Public Utilities Article and other electric assistance programs in the Department of Human Services;

(4) to provide rate relief by offsetting electricity rates of residential customers, including an offset of surcharges imposed on ratepayers under Title 7, Subtitle 2, Part II of the Public Utilities Article;

(5) to provide grants, loans, and other assistance and investment as necessary and appropriate to implement the purposes of the Program as set forth in § 9–20B–03 of this subtitle;

(6) to implement energy–related public education and outreach initiatives regarding reducing energy consumption and greenhouse gas emissions;

(7) to provide rebates under the Electric Vehicle Recharging Equipment Rebate Program established under § 9–2009 of this title;

(8) to provide grants to encourage combined heat and power projects at industrial facilities;

(9) to provide at least $1,200,000 in each fiscal year for fiscal year 2025 through fiscal year 2028 to the Climate Technology Founder’s Fund established under § 10–858 of the Economic Development Article;

(10) subject to subsection (f–2) of this section, to provide at least $2,100,000 in funding each fiscal year to the Maryland Energy Innovation Fund established under § 10–835 of the Economic Development Article;

(11) to provide at least $500,000 each year to the Resiliency Hub Grant Program Fund under § 9–2011 of this title;

(12) to provide grants through the Customer–Sited Solar Program under § 9–2016 of this title;

(13) notwithstanding subsection (g) of this section, to pay costs associated with the Air and Radiation Administration within the Department of the Environment; and

(14) to pay the expenses of the Program.

(f–1) (1) Any funding provided under subsection (f)(9) of this section that is not spent in a given fiscal year shall revert to the Fund in the following fiscal year.

(2) The Administration may provide additional funding for the purposes stated in subsection (f)(9) of this section.

(f–2) Of the funds transferred to the Maryland Energy Innovation Fund under subsection (f)(10) of this section:

(1) at least $1,200,000 may be used to fund the Maryland Clean Energy Center established under § 10–806 of the Economic Development Article; and

(2) at least $900,000 may be used to fund the Maryland Energy Innovation Institute established under § 10–829 of the Economic Development Article.

(g) Proceeds received by the Fund from the sale of allowances under § 2–1002(g) of the Environment Article shall be allocated as follows:

(1) at least 50% shall be credited to an energy assistance account to be used for the Electric Universal Service Program and other electricity assistance programs in the Department of Human Services;

(2) at least 20% shall be credited to a low and moderate income efficiency and conservation programs account and to a general efficiency and conservation programs account for energy efficiency and conservation programs, projects, or activities and demand response programs, of which at least one–half shall be targeted to the low and moderate income efficiency and conservation programs account for:

(i) the low–income residential sector at no cost to the participants of the programs, projects, or activities; and

(ii) the moderate–income residential sector;

(3) at least 20% shall be credited to a renewable and clean energy programs account for:

(i) renewable and clean energy programs and initiatives;

(ii) energy–related public education and outreach; and

(iii) climate change and resiliency programs; and

(4) up to 10%, but not more than $7,500,000, shall be credited to an administrative expense account for costs related to the administration of the Fund, including the review of electric company plans for achieving electricity savings and demand reductions that the electric companies are required under law to submit to the Administration.

(g–1) Proceeds received by the Fund from compliance fees under § 7–705(b)(2)(i)2 of the Public Utilities Article shall be allocated as follows:

(1) beginning in fiscal year 2025, at least 20% of the proceeds shall be used to provide grants to support the installation of new solar energy generating systems under the Customer–Sited Solar Program;

(2) up to 10% of the proceeds shall be credited to an administrative expense account for costs related to the administration of the Fund;

(3) proceeds collected but unused from a previous year shall be used before proceeds allocated for the current year; and

(4) the Administration shall reallocate to other authorized uses any proceeds that are not used within 3 fiscal years after collection.

(h) (1) Energy efficiency and conservation programs under subsection (g)(2) of this section include:

(i) low–income energy efficiency programs;

(ii) residential and small business energy efficiency programs;

(iii) commercial and industrial energy efficiency programs;

(iv) State and local energy efficiency programs;

(v) demand response programs;

(vi) loan programs and alternative financing mechanisms; and

(vii) grants to training funds and other organizations supporting job training for deployment of energy efficiency and energy conservation technology and equipment.

(2) Energy–related public education and outreach and renewable and clean energy programs and initiatives under subsection (g)(3)(i) and (ii) of this section include:

(i) production incentives for specified renewable energy sources;

(ii) expansion of existing grant programs for solar, geothermal, and wind programs;

(iii) loan programs and alternative financing mechanisms; and

(iv) consumer education and outreach programs that are designed to reach low–income communities.

(i) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, compliance fees paid under § 7–705(b) of the Public Utilities Article may be used only to make loans and grants to support the creation of new Tier 1 renewable energy sources in the State that are owned by or directly benefit:

(i) low– to moderate–income communities located in a census tract with an average median income at or below 80% of the average median income for the State; or

(ii) overburdened or underserved communities, as defined in § 1–701 of the Environment Article.

(2) Compliance fees paid under § 7–705(b)(2)(i)2 of the Public Utilities Article shall be accounted for separately within the Fund and may be used only to make loans and grants to support the creation of new solar energy sources in the State that are owned by or directly benefit:

(i) low– to moderate–income communities located in a census tract with an average median income at or below 80% of the average median income for the State;

(ii) overburdened or underserved communities, as defined in § 1–701 of the Environment Article; or

(iii) households with low to moderate income, as defined in § 9–2016 of this title.

(3) For fiscal year 2026 only, up to $100,000,000 of compliance fees paid under §§ 7–705(b) and 7–705(b)(2)(i)2 of the Public Utilities Article shall be accounted for separately within the Fund and may be used for solar development on State government property and local government clean energy projects.

(4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, compliance fees paid under § 7–705 of the Public Utilities Article may be used to provide grants to electric companies to be refunded or credited to each residential distribution customer based on the customer’s consumption of electricity supply that is subject to the renewable energy portfolio standard.

(ii) The refunding or crediting of amounts to residential distribution customers shall be identified on the customer’s bill as a line item identified as a “legislative energy relief refund”.

(iii) An electric company awarded a grant under this paragraph:

1. may not retain any of the grant funds to cover overhead expenses; and

2. shall provide all of the grant funds to residential distribution customers.

(iv) The process under subparagraphs (i) and (ii) of this paragraph related to the refunding or crediting of amounts to residential distribution customers shall be directed and overseen by the Commission.

(i–1) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Area median income” has the meaning stated in § 4–1801 of the Housing and Community Development Article.

(iii) “Low and moderate income” means having an annual household income that is at or below 120% of the area median income.

(2) Compliance fees paid under § 7–705(b–1) of the Public Utilities Article shall be accounted for separately within the Fund and may be used only to make loans and grants to promote increased opportunities for the growth and development of small, minority, women–owned, and veteran–owned businesses in the State that install geothermal systems in the State.

(j) (1) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any investment earnings of the Fund shall be paid into the Fund.

(3) Any repayment of principal and interest on loans made from the Fund shall be paid into the Fund.

(4) Balances in the Fund shall be held for the benefit of the Program, shall be expended solely for the purposes of the Program, and may not be used for the general obligations of government.

(k) Expenditures from the Fund shall be made by:

(1) an appropriation in the annual State budget; or

(2) a budget amendment in accordance with § 7–209 of the State Finance and Procurement Article.

(l) An expenditure by budget amendment may be made under subsection (k) of this section only after:

(1) the Administration has submitted the proposed budget amendment and supporting documentation to the Senate Budget and Taxation Committee, Senate Education, Energy, and the Environment Committee, House Appropriations Committee, and House Economic Matters Committee; and

(2) the committees have had 45 days for review and comment.

(m) (1) A loan or grant made available from the Fund to a unit of State or local government shall comply with §§ 14–416 and 17–303 of the State Finance and Procurement Article.

(2) At least 80% of workers participating in a project or program that receives money from the Fund must reside within 50 miles of the project or program, or another distance defined by the local jurisdiction where the project or program is located.

§9–20B–05. // EFFECTIVE JUNE 30, 2027 PER CHAPTER 595 OF 2024 //

(a) There is a Maryland Strategic Energy Investment Fund.

(b) The purpose of the Fund is to implement the Strategic Energy Investment Program.

(c) The Administration shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

(e) The Fund consists of:

(1) all of the proceeds from the sale of allowances under § 2–1002(g) of the Environment Article;

(2) money appropriated in the State budget to the Program;

(3) repayments and prepayments of principal and interest on loans made from the Fund;

(4) compliance fees paid under § 7–705 of the Public Utilities Article;

(5) money received from any public or private source for the benefit of the Fund;

(6) money transferred from the Public Service Commission under § 7–207.2(d)(3) of the Public Utilities Article; and

(7) money distributed under § 2–614.1 of the Tax – General Article.

(f) The Administration shall use the Fund:

(1) to invest in the promotion, development, and implementation of:

(i) cost–effective energy efficiency and conservation programs, projects, or activities, including measurement and verification of energy savings;

(ii) renewable and clean energy resources;

(iii) climate change programs directly related to reducing or mitigating the effects of climate change; and

(iv) demand response programs that are designed to promote changes in electric usage by customers in response to:

1. changes in the price of electricity over time; or

2. incentives designed to induce lower electricity use at times of high wholesale market prices or when system reliability is jeopardized;

(2) to provide targeted programs, projects, activities, and investments to reduce electricity consumption by customers in the low–income and moderate–income residential sectors;

(3) to provide supplemental funds for low–income energy assistance through the Electric Universal Service Program established under § 7–512.1 of the Public Utilities Article and other electric assistance programs in the Department of Human Services;

(4) to provide rate relief by offsetting electricity rates of residential customers, including an offset of surcharges imposed on ratepayers under Title 7, Subtitle 2, Part II of the Public Utilities Article;

(5) to provide grants, loans, and other assistance and investment as necessary and appropriate to implement the purposes of the Program as set forth in § 9–20B–03 of this subtitle;

(6) to implement energy–related public education and outreach initiatives regarding reducing energy consumption and greenhouse gas emissions;

(7) to provide rebates under the Electric Vehicle Recharging Equipment Rebate Program established under § 9–2009 of this title;

(8) to provide grants to encourage combined heat and power projects at industrial facilities;

(9) to provide at least $1,200,000 in each fiscal year for fiscal year 2025 through fiscal year 2028 to the Climate Technology Founder’s Fund established under § 10–858 of the Economic Development Article;

(10) subject to subsection (f–2) of this section, to provide at least $2,100,000 in funding each fiscal year to the Maryland Energy Innovation Fund established under § 10–835 of the Economic Development Article;

(11) to provide at least $500,000 each year to the Resiliency Hub Grant Program Fund under § 9–2011 of this title;

(12) notwithstanding subsection (g) of this section, to pay costs associated with the Air and Radiation Administration within the Department of the Environment; and

(13) to pay the expenses of the Program.

(f–1) (1) Any funding provided under subsection (f)(9) of this section that is not spent in a given fiscal year shall revert to the Fund in the following fiscal year.

(2) The Administration may provide additional funding for the purposes stated in subsection (f)(9) of this section.

(f–2) Of the funds transferred to the Maryland Energy Innovation Fund under subsection (f)(10) of this section:

(1) at least $1,200,000 may be used to fund the Maryland Clean Energy Center established under § 10–806 of the Economic Development Article; and

(2) at least $900,000 may be used to fund the Maryland Energy Innovation Institute established under § 10–829 of the Economic Development Article.

(g) Proceeds received by the Fund from the sale of allowances under § 2–1002(g) of the Environment Article shall be allocated as follows:

(1) at least 50% shall be credited to an energy assistance account to be used for the Electric Universal Service Program and other electricity assistance programs in the Department of Human Services;

(2) at least 20% shall be credited to a low and moderate income efficiency and conservation programs account and to a general efficiency and conservation programs account for energy efficiency and conservation programs, projects, or activities and demand response programs, of which at least one–half shall be targeted to the low and moderate income efficiency and conservation programs account for:

(i) the low–income residential sector at no cost to the participants of the programs, projects, or activities; and

(ii) the moderate–income residential sector;

(3) at least 20% shall be credited to a renewable and clean energy programs account for:

(i) renewable and clean energy programs and initiatives;

(ii) energy–related public education and outreach; and

(iii) climate change and resiliency programs; and

(4) up to 10%, but not more than $7,500,000, shall be credited to an administrative expense account for costs related to the administration of the Fund, including the review of electric company plans for achieving electricity savings and demand reductions that the electric companies are required under law to submit to the Administration.

(g–1) Up to 10% of the proceeds received by the Fund from compliance fees under § 7–705(b)(2)(i)2 of the Public Utilities Article shall be credited to an administrative expense account for costs related to the administration of the Fund.

(h) (1) Energy efficiency and conservation programs under subsection (g)(2) of this section include:

(i) low–income energy efficiency programs;

(ii) residential and small business energy efficiency programs;

(iii) commercial and industrial energy efficiency programs;

(iv) State and local energy efficiency programs;

(v) demand response programs;

(vi) loan programs and alternative financing mechanisms; and

(vii) grants to training funds and other organizations supporting job training for deployment of energy efficiency and energy conservation technology and equipment.

(2) Energy–related public education and outreach and renewable and clean energy programs and initiatives under subsection (g)(3)(i) and (ii) of this section include:

(i) production incentives for specified renewable energy sources;

(ii) expansion of existing grant programs for solar, geothermal, and wind programs;

(iii) loan programs and alternative financing mechanisms; and

(iv) consumer education and outreach programs that are designed to reach low–income communities.

(i) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, compliance fees paid under § 7–705(b) of the Public Utilities Article may be used only to make loans and grants to support the creation of new Tier 1 renewable energy sources in the State that are owned by or directly benefit:

(i) low– to moderate–income communities located in a census tract with an average median income at or below 80% of the average median income for the State; or

(ii) overburdened or underserved communities, as defined in § 1–701 of the Environment Article.

(2) Compliance fees paid under § 7–705(b)(2)(i)2 of the Public Utilities Article shall be accounted for separately within the Fund and may be used only to make loans and grants to support the creation of new solar energy sources in the State that are owned by or directly benefit:

(i) low– to moderate–income communities located in a census tract with an average median income at or below 80% of the average median income for the State; or

(ii) overburdened or underserved communities, as defined in § 1–701 of the Environment Article.

(3) For fiscal year 2026 only, up to $100,000,000 of compliance fees paid under §§ 7–705(b) and 7–705(b)(2)(i)2 of the Public Utilities Article shall be accounted for separately within the Fund and may be used for solar development on State government property and local government clean energy projects.

(4) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, compliance fees paid under § 7–705 of the Public Utilities Article may be used to provide grants to electric companies to be refunded or credited to each residential distribution customer based on the customer’s consumption of electricity supply that is subject to the renewable energy portfolio standard.

(ii) The refunding or crediting of amounts to residential distribution customers shall be identified on the customer’s bill as a line item identified as a “legislative energy relief refund”.

(iii) An electric company awarded a grant under this paragraph:

1. may not retain any of the grant funds to cover overhead expenses; and

2. shall provide all of the grant funds to residential distribution customers.

(iv) The process under subparagraphs (i) and (ii) of this paragraph related to the refunding or crediting of amounts to residential distribution customers shall be directed and overseen by the Commission.

(i–1) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Area median income” has the meaning stated in § 4–1801 of the Housing and Community Development Article.

(iii) “Low and moderate income” means having an annual household income that is at or below 120% of the area median income.

(2) Compliance fees paid under § 7–705(b–1) of the Public Utilities Article shall be accounted for separately within the Fund and may be used only to make loans and grants to promote increased opportunities for the growth and development of small, minority, women–owned, and veteran–owned businesses in the State that install geothermal systems in the State.

(j) (1) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any investment earnings of the Fund shall be paid into the Fund.

(3) Any repayment of principal and interest on loans made from the Fund shall be paid into the Fund.

(4) Balances in the Fund shall be held for the benefit of the Program, shall be expended solely for the purposes of the Program, and may not be used for the general obligations of government.

(k) Expenditures from the Fund shall be made by:

(1) an appropriation in the annual State budget; or

(2) a budget amendment in accordance with § 7–209 of the State Finance and Procurement Article.

(l) An expenditure by budget amendment may be made under subsection (k) of this section only after:

(1) the Administration has submitted the proposed budget amendment and supporting documentation to the Senate Budget and Taxation Committee, Senate Education, Energy, and the Environment Committee, House Appropriations Committee, and House Economic Matters Committee; and

(2) the committees have had 45 days for review and comment.

(m) (1) A loan or grant made available from the Fund to a unit of State or local government shall comply with §§ 14–416 and 17–303 of the State Finance and Procurement Article.

(2) At least 80% of workers participating in a project or program that receives money from the Fund must reside within 50 miles of the project or program, or another distance defined by the local jurisdiction where the project or program is located.
Md. Code, Agriculture § 9-304 — MD Code / Article gag / Title 9 / Subtitle 3 / Section 9-304
§9–304.
Status: in_force

(a) To carry out the provisions of this subtitle, the Secretary may enter any place of business, warehouse, common carrier, or other place where potatoes for propagation purposes are stored or being held, and inspect them. The Secretary may take for inspection any representative sample of the potatoes necessary to determine whether this subtitle is violated.

(b) If the potatoes or parts of them are found to be in violation of this subtitle or any rule or regulation adopted pursuant to it, the Secretary may issue a written “stop-sale” order to the owner or custodian of the potatoes.

(c) No person, after receipt of a “stop-sale” order, may sell for propagation purposes any potatoes with respect to which the order has been issued. The “stop-sale” order does not prevent the sale of any potatoes for other than propagation purposes.

(d) Any person pecuniarily interested in any certified Irish potatoes or U.S. No. 1 Irish potatoes may appeal from any “stop-sale” order to the Secretary, in accordance with the Department rules and regulations.
Md. Code, Environment § 9-308 — MD Code / Article gen / Title 9 / Subtitle 3 / Section 9-308
§9–308.
Status: in_force

(a) The Governor shall appoint a Board secretary.

(b) The Board secretary may, but need not, be a member of the Board.

(c) The Board secretary:

(1) May not receive compensation; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, State Government § 9-2402 — MD Code / Article gsg / Title 9 / Subtitle 24 / Section 9-2402
§9–2402.
Status: in_force

(a) In the Office of the Governor, there is an Office of the Deaf and Hard of Hearing.

(b) (1) The head of the Office is the Director.

(2) (i) The Director is appointed by the Governor with the advice and consent of the Senate.

(ii) The Director serves at the pleasure of the Governor and is responsible directly to the Governor.

(3) The Director shall be:

(i) a deaf or hard of hearing person; and

(ii) knowledgeable and experienced with issues affecting deaf and hard of hearing individuals.

(4) The Director is entitled to the salary provided in the State budget.

(c) (1) The Office shall:

(i) advise the Governor on all matters assigned to the Office; and

(ii) carry out the Governor’s policies on the matters assigned to the Office.

(2) The Director shall:

(i) manage the operation of the Office and establish guidelines and procedures to promote the orderly and efficient operation of the Office; and

(ii) adopt regulations necessary to carry out the provisions of this subtitle.

(3) Subject to the provisions of this subtitle, the Director may establish, reorganize, or consolidate areas of responsibility in the Office as necessary to fulfill the responsibilities assigned by the Director.

(d) The Office shall be given adequate staff and funding to carry out its duties.
Md. Code, State Government § 9-1A-03 — MD Code / Article gsg / Title 9 / Subtitle 1A / Section 9-1A-03
§9–1A–03.
Status: in_force

(a) Except as provided in subsection (b) of this section, any additional forms or expansion of commercial gaming other than as expressly provided in this subtitle and Subtitle 1E of this title are prohibited.

(b) This subtitle, including the authority provided to the Commission under this subtitle, does not apply to:

(1) lotteries conducted under Subtitle 1 of this title;

(2) wagering on horse racing conducted under Title 11 of the Business Regulation Article;

(3) the operation of slot machines as provided under Titles 12 and 13 of the Criminal Law Article; or

(4) other gaming conducted under Titles 12 and 13 of the Criminal Law Article.
Md. Code, Environment § 9-243 — MD Code / Article gen / Title 9 / Subtitle 2 / Section 9-243
§9–243.
Status: in_force

(a) To enforce this Part III of this subtitle and to ensure compliance with each sewage sludge utilization permit, a representative of the Department, the local health official, or the local health official’s designee may enter and inspect, at any reasonable time, any site where sewage sludge is utilized.

(b) A sewage sludge utilizer may not:

(1) Refuse access to a sewage sludge utilization site to any representative of the Department, to a local health official, or to the local health official’s designee, who requests access under this section; or

(2) Interfere with any inspection under this subtitle.

(c) A local health official or the local health official’s designee may inspect, monitor, and investigate any sewage sludge utilization site in the county where the official is employed.

(d) (1) With the concurrence of the Department, a local health official may:

(i) Issue a stop work order to stop utilizing sewage sludge at a site; and

(ii) Suspend a sewage sludge utilization permit.

(2) If a local health official recommends issuance of a stop work order and the Department does not concur, the Department shall inspect the sewage sludge utilization site within 24 hours after it receives the recommendation.

(3) After inspecting the site and if necessary, the Department shall issue a stop work or other order to obtain compliance with State law, departmental regulations, or the sewage sludge utilization permit.

(4) A county may seek injunctive relief or other appropriate remedies in circuit court if:

(i) A local health official is not satisfied that the enforcement measures of the Department are adequate to protect public health and safety in the county; or

(ii) The Department does not make the inspection required by paragraph (2) of this subsection.

(5) A local health official shall:

(i) Give the Department prompt notice of any inspection made by the local health official; and

(ii) Report promptly in writing to the Department:

1. The time and place of the inspection;

2. A summary and findings of the inspection;

3. Any enforcement action that the local health official takes or recommends; and

4. Any permit modifications or other modifications that the local health official recommends.

(e) (1) The Department:

(i) May delegate to the local health official any inspection, monitoring, or enforcement authority of the Department under this Part III of this subtitle; and

(ii) Shall adopt regulations that establish standards for delegating authority under this subsection.

(2) The regulations adopted under this subsection shall include:

(i) Procedures for submission, review, and approval or disapproval of any application for delegation of authority;

(ii) Provisions requiring that any application for delegation of authority be approved by the county;

(iii) Provisions for oversight by the Department, including program evaluations and financial audits; and

(iv) Provisions for revocation of a delegation, if the local health official fails to comply with the terms of a delegation agreement.

(3) If the Department finds that an application for delegation of authority meets all applicable requirements of this section and the regulations adopted under this section, the Department shall enter into a written delegation agreement.

(4) The Department shall establish performance standards for grants to provide reasonable reimbursement to counties, to the extent funds are available, for costs local health officials incur when they undertake authority delegated under this subsection.

(5) A local health official may act through a designee under this subsection in accordance with an approved delegation agreement.
Md. Code, State Government § 9-4003 — MD Code / Article gsg / Title 9 / Subtitle 40 / Section 9-4003
§9–4003.
Status: in_force

(a) The Office shall include:

(1) a full–time Correctional Ombudsman;

(2) staff as provided in the State budget; and

(3) the Juvenile Justice Monitoring Unit established in § 9–4012 of this subtitle.

(b) (1) The Governor shall appoint the Correctional Ombudsman with the advice and consent of the Senate.

(2) The Correctional Ombudsman shall serve for a term of 5 years.

(3) At the end of a term, the Correctional Ombudsman continues to serve until a successor is appointed and qualifies.

(c) Salaries of the Ombudsman and staff and expenses for rent, equipment, supplies, and general operating expenses necessary for the work of the Office shall be as provided in the State budget.