Md. Code, Courts and Judicial Proceedings § 5-619 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-619
§5–619.
Status: in_force

(a) The following persons or agencies shall be immune from civil or criminal liability in connection with the conducting of a criminal background investigation under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check under Title 19, Subtitle 18 of the Health – General Article:

(1) An employer that in good faith relies on a criminal background investigation or criminal history records check to deny or terminate an individual’s employment or participation in a facility;

(2) A State or local agency that in good faith relies on a criminal background investigation or criminal history records check of an employer to grant, deny, suspend, or revoke licensure, registration, approval, or certification of a facility;

(3) A local department of social services that in good faith relies on a criminal background investigation to make a decision concerning the placement of a child committed to it, including a decision to remove a child from a particular facility or home; and

(4) A State or local agency that in good faith participates in the making of a criminal background investigation or criminal history records check of an employee or employer.

(b) The failure of an employer to require a criminal background investigation of an individual when not required under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check when not required under Title 19, Subtitle 18 of the Health – General Article may not give rise to civil or criminal liability on the part of the employer for failure to conduct a criminal background investigation.
Md. Code, Labor and Employment § 5-601 — MD Code / Article gle / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

(a) The General Assembly finds that:

(1) exposure to asbestos, a known carcinogenic agent, creates a significant hazard to the health of the people of the State;

(2) asbestos protective clothing that is used improperly or that is not maintained properly exposes a worker to this hazard;

(3) protective materials have been developed as substitutes for asbestos; and

(4) it is in the public interest to protect workers from this hazard by eliminating the use of asbestos protective clothing.

(b) (1) A person may not sell in the State any item of new or used asbestos protective clothing.

(2) An employer may not:

(i) buy, for use by an employee, any item of new or used asbestos protective clothing;

(ii) ask or require an employee to use any item of new or used asbestos protective clothing; or

(iii) keep or otherwise possess any item of new or used asbestos protective clothing at a place of employment.
Md. Code, Public Safety § 5-114 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-114
§5–114.
Status: in_force

(a) (1) The Secretary shall suspend a dealer’s license if the licensee:

(i) is under indictment for a crime of violence;

(ii) is arrested for a violation of this subtitle that prohibits the purchase or possession of a regulated firearm;

(iii) is charged with a crime under Subtitle 7 of this title; or

(iv) is found in violation of a second offense under § 5–145.1 of this subtitle.

(2) (i) The Secretary may suspend a dealer’s license if the licensee is not in compliance with the record keeping and reporting requirements of § 5–145 of this subtitle.

(ii) The Secretary may lift a suspension under this paragraph after the licensee provides evidence that the record keeping violation has been corrected.

(b) The Secretary shall revoke a dealer’s license if:

(1) it is discovered that false information has been supplied or false statements have been made in an application required by this subtitle; or

(2) the licensee:

(i) is convicted of a disqualifying crime;

(ii) is convicted of a violation classified as a common law crime and receives a term of imprisonment of more than 2 years;

(iii) is a fugitive from justice;

(iv) is a habitual drunkard;

(v) is addicted to a controlled dangerous substance or is a habitual user;

(vi) has spent more than 30 consecutive days in a medical institution for treatment of a mental disorder, unless the licensee produces a physician’s certificate, issued after the last institutionalization and certifying that the licensee is capable of possessing a regulated firearm without undue danger to the licensee or to another;

(vii) has knowingly or willfully manufactured, offered to sell, or sold a handgun not on the handgun roster in violation of § 5–406 of this title;

(viii) has knowingly or willfully participated in a straw purchase of a regulated firearm;

(ix) is convicted of a crime under Subtitle 7 of this title; or

(x) is found in violation of a third or subsequent offense under § 5–145.1 of this subtitle.

(c) If the Secretary suspends or revokes a dealer’s license, the Secretary shall notify the licensee in writing of the suspension or revocation.

(d) A person whose dealer’s license is suspended or revoked may not engage in the business of selling, renting, or transferring regulated firearms, unless the suspension or revocation has been subsequently withdrawn by the Secretary or overruled by a court in accordance with § 5–116 of this subtitle.
Md. Code, General Provisions § 5-834 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-834
§5–834.
Status: in_force

Notwithstanding any other provision of law, the provisions of Division II of the Land Use Article affecting that part of the Maryland–Washington Regional District in Prince George’s County shall be carried out in accordance with this part.
Md. Code, Natural Resources § 5-1612 — MD Code / Article gnr / Title 5 / Subtitle 16 / Section 5-1612
§5–1612.
Status: in_force

(a) (1) The enforcement provisions in this section and § 5–1608 of this subtitle are in lieu of any other provision in this title.

(2) In addition to the enforcement authority granted the Department, the enforcement provisions of this section may be exercised by any local authority that has adopted a forest conservation program, in addition to any enforcement provisions available to the local authority.

(b) The Department or a local authority may revoke an approved forest conservation plan for cause, including violation of conditions of the plan, obtaining a plan approval by misrepresentation, failing to disclose a relevant or material fact, or change in conditions. The Department or a local authority shall notify the violator in writing and provide an opportunity for a hearing.

(c) The Department or a local authority may issue a stop work order against any person who violates any provision of this subtitle or any regulation, order, approved plan, or management agreement.

(d) (1) A person who violates any provision of this subtitle or any regulation, order, plan, or management agreement under this subtitle is liable for a penalty not exceeding $1,000 which may be recovered in a civil action brought by the Department or a local authority. Each day a violation continues is a separate violation under this subtitle.

(2) The court may issue an injunction requiring the person to cease the violation and take corrective action to restore or reforest an area.

(e) A local authority conducting enforcement activity in accordance with this section or § 5–1608(c) of this subtitle shall give notice to the Department within 15 days after the commencement of the enforcement activity.
Md. Code, Criminal Law § 5-505 — MD Code / Article gcr / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

(a) A controlled dangerous substance listed in Schedule V may not be distributed or dispensed except for a medical purpose.

(b) When dispensing the controlled dangerous substance, an authorized provider shall securely affix to the container, in addition to any other label already there, a label with:

(1) the dispenser’s name, signature, and registry number;

(2) the date on which the controlled dangerous substance is dispensed; and

(3) the purchaser’s name.
Md. Code, Courts and Judicial Proceedings § 5-612 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-612
§5–612.
Status: in_force

The police officers and other officers, agents, and employees of any county or municipal corporation, when acting under the authority of § 2-105 of the Criminal Procedure Article or other lawful authority, beyond the territorial limits of the county or municipal corporation within the State shall have all the immunities from liability enjoyed by them while performing their respective duties within the territorial limits of the county or municipal corporation.
Md. Code, Financial Institutions § 5-612 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-612
§5–612.
Status: in_force

(a) The plan of reorganization shall be filed with the Commissioner.

(b) (1) The Commissioner may approve or disapprove the plan without a hearing.

(2) If the Commissioner is satisfied that the proposed plan is in the best interests of the depositors and creditors of the banking institution, the Commissioner shall:

(i) Approve the plan; and

(ii) Publish a notice of the approval in the Maryland Register as provided in the State Documents Law.

(3) The provisions of §§ 3-209, 3-211, and 3-301 of this article, to the extent that they require the capital stock and surplus of a commercial bank to be paid in full and in money, do not apply to the reorganization and reopening of a banking institution or the establishment of a new banking institution under this section.

(c) (1) Within 5 days after approval by the Commissioner, the banking institution or the proponents of the plan shall send a notice to each depositor or other creditor at the address shown on the books of the institution.

(2) The notice shall:

(i) State that the plan has been filed with and is open to inspection at the office of the Commissioner; and

(ii) Include a summary of the important provisions of the plan.

(3) Failure to notify any party in interest does not affect the validity of the plan or its implementation.

(4) A certificate of the banking institution’s president or of the proponents of the plan that the notice has been given is prima facie proof of compliance with this subsection.

(d) (1) Within 30 days after the first publication of the Commissioner’s notice, any party in interest who did not approve the plan may apply to the court for the value of that party’s interest.

(2) Unless depositors and other unsecured creditors holding one third or more of the dollar amount of all claims apply for the value of their interests, the court may pass an order approving the plan and setting the terms and conditions for termination of receivership.

(3) If sufficient creditors apply, the court shall:

(i) Determine the present cash value of the nonapproving party’s interest on the basis of a judicial liquidation of the banking institution and order payment to the party of that amount, in money or in kind; or

(ii) Apportion to the nonapproving party a distributive share in the assets of the banking institution.

(4) If the court apportions the assets of the banking institution:

(i) Assets divisible in kind shall be apportioned between the institution and the nonapproving parties; and

(ii) Assets not divisible in kind shall be apportioned by allotting to the nonapproving parties shares of stock, securities, or certificates of interest that are issued by a corporation or trustee and that represent the nonapproving parties’ interests in the indivisible assets, and the entire amount allotted to the nonapproving parties shall be delivered and paid to the receiver for liquidation for their benefit.

(e) Within 10 days after the final decision of the court, the proponents of the plan of reorganization may abandon it.
Md. Code, Family Law § 5-608 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in that jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
Md. Code, Courts and Judicial Proceedings § 5-410 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

(a) Except as provided in subsection (b) of this section, no claim of any nature whatsoever that is directly related to the receivership of an insurer shall arise against, and no liability shall be imposed upon, the Insurance Commissioner, deputy commissioner, special deputy commissioner, or any person or entity acting as a receiver of an insurer, including surety, in rehabilitation, liquidation, or conservation as a result of a court order issued on or after January 1, 1985 for any statement made or actions taken or not taken in the good faith exercise of their powers under law.

(b) The immunity described under subsection (a) of this section may not extend to acts or omissions that are malicious or grossly negligent.

(c) The immunity described under subsection (a) of this section extends to agents and employees of the receiver.
Md. Code, Corporations and Associations § 5-302 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) The adult members of a church may form a religious corporation as provided in this part.

(b) The members shall:

(1) Elect at least four individuals to act as trustees in the name of and on behalf of the church; and

(2) Prepare a plan of the church.

(c) The plan shall include:

(1) The purposes for which the religious corporation is formed;

(2) The name of the religious corporation and the church;

(3) The time and manner for election and succession of trustees; and

(4) The exact qualifications of individuals eligible:

(i) To vote at elections; and

(ii) To be elected to office.
Md. Code, Environment § 5-301 — MD Code / Article gen / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: reserved

Susquehanna River Basin Compact

Preamble

Whereas the signatory parties hereto recognize the water resources of the Susquehanna River Basin as regional assets vested with local, state, and national interest for which they have a joint responsibility; and declare as follows:

1. The conservation, utilization, development, management, and control of the water resources of the Susquehanna River Basin under comprehensive multiple purpose planning will bring the greatest benefits and produce the most efficient service in the public interest; and

2. This comprehensive planning administered by a basin–wide agency will provide flood damage reduction, conservation and development of surface and ground water supply for municipal, industrial, and agricultural uses, development of recreational facilities in relation to reservoirs, lakes and streams, propagation of fish and game, promotion of forest land management, soil conservation, and watershed projects, protection and aid to fisheries, development of hydroelectric power potentialities, improved navigation, control of the movement of salt water, abatement and control of water pollution, and regulation of stream flows toward the attainment of these goals; and

3. The water resources of the basin are presently subject to the duplicating, overlapping, and uncoordinated administration of a large number of governmental agencies which exercise a multiplicity of powers resulting in a splintering of authority and responsibility; and

4. The Interstate Advisory Committee on the Susquehanna River Basin, created by action of the states of New York, Pennsylvania, and Maryland, on the basis of its studies and deliberation has concluded that regional development of the Susquehanna River Basin is feasible, advisable, and urgently needed, and has recommended that an intergovernmental compact with federal participation be consummated to this end; and

5. The Congress of the United States and the executive branch of the federal government have recognized a national interest in the Susquehanna River Basin by authorizing and directing the Corps of Engineers of the Department of the Army, the Department of Agriculture, the Department of Health, Education and Welfare, the Department of Interior, and other federal agencies to cooperate in making comprehensive surveys and reports concerning the water resources of the Susquehanna River Basin in which individually or severally the technical aid and assistance of many federal and state agencies have been enlisted, and which are being or have been coordinated through a Susquehanna River Basin Study Coordinating Committee on which the Corps of Engineers of the Department of the Army, the Department of Agriculture, the Department of Commerce, the Department of Health, Education and Welfare, the Department of Interior, the Department of Housing and Urban Development and its predecessor Housing and Home Finance Agency, the Federal Power Commission, and the states of New York, Pennsylvania, and Maryland are or were represented; and

6. Some three million people live and work in the Susquehanna River Basin and its environs, and the government, employment, industry, and economic development of the entire region and the health, safety, and general well–being of its population are and will continue to be affected vitally by the conservation, utilization, development, management, and control of the water resources of the basin; and

7. Demands upon the water resources of the basin are expected to mount because of anticipated increases in population and by reason of industrial and economic growth of the basin and its service area; and

8. Water resources planning and development are technical, complex, and expensive, often requiring fifteen to twenty years from the conception to the completion of large or extensive projects; and

9. The public interest requires that facilities must be ready and operative when and where needed, to avoid the damages of unexpected floods or prolonged drought, and for other purposes; and

10. The Interstate Advisory Committee on the Susquehanna River Basin has prepared a draft of an intergovernmental compact for the creation of a basin agency, and the signatory parties desire to effectuate the purposes thereof; now therefore

The states of New York and Maryland and the Commonwealth of Pennsylvania, and the United States of America hereby solemnly covenant and agree with each other, upon the enactment of concurrent legislation by the Congress of the United States and by the respective state legislatures, to the Susquehanna River Basin Compact which consists of this preamble and the articles that follow.

Article 1

Short Title, Definitions, Purposes, and Limitations

1.1. This compact shall be known and may be cited as the Susquehanna River Basin Compact.

1.2. For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant to it:

1. “Basin” shall mean the area of drainage of the Susquehanna River and its tributaries into Chesapeake Bay to the southern edge of the Pennsylvania railroad bridge between Havre de Grace and Perryville, Maryland.

2. “Commission” shall mean the Susquehanna River Basin Commission hereby created, and the term “commissioner” shall mean a member of the commission.

3. “Cost” shall mean direct and indirect expenditures, commitment, and net induced adverse effects, whether or not compensated for, used or incurred in connection with the establishment, acquisition, construction, maintenance, and operation of a project.

4. “Diversion” shall mean the transfer of water into or from the basin.

5. “Facility” shall mean any real or personal property, within or without the basin, and improvements thereof or thereon, and any and all rights–of–way, water, water rights, plants, structures, machinery, and equipment acquired, constructed, operated, or maintained for the beneficial use of water resources or related land uses or otherwise including, without limiting the generality of the foregoing, any and all things and appurtenances necessary, useful, or convenient for the control, collection, storage, withdrawal, diversion, release, treatment, transmission, sale, or exchange of water; or for navigation thereon, or the development and use of hydroelectric energy and power, and public recreational facilities; of the propagation of fish and wildlife; or to conserve and protect the water resources of the basin or any existing or future water supply source, or to facilitate any other uses of any of them.

6. “Federal government” shall mean the government of the United States of America, and any appropriate branch, department, bureau, or division thereof, as the case may be.

7. “Project” shall mean any work, service, or activity which is separately planned, financed, or identified by the commission, or any separate facility undertaken or to be undertaken by the commission or otherwise within a specified area, for the conservation, utilization, control, development, or management of water resources which can be established and utilized independently or as an addition to an existing facility and can be considered as a separate entity for purposes of evaluation.

8. “Signatory party” shall mean a state or commonwealth party to this compact, or the federal government.

9. “Waters” shall mean both surface and underground waters which are contained within the drainage area of the Susquehanna River in the states of New York, Pennsylvania, and Maryland.

10. “Water resources” shall include all waters and related natural resources within the basin.

11. “Withdrawal” shall mean a taking or removal of water from any source within the basin for use within the basin.

12. “Person” shall mean an individual, corporation, partnership, unincorporated association, and the like and shall have no gender, and the singular shall include the plural.

1.3. The legislative bodies of the respective signatory parties hereby find and declare:

1. The water resources of the Susquehanna River Basin are affected with a local, state, regional, and national interest, and the planning, conservation, utilization, development, management, and control of these resources, under appropriate arrangements for intergovernmental cooperation, are public purposes of the respective signatory parties.

2. The water resources of the basin are subject to the sovereign rights and responsibilities of the signatory parties, and it is the purpose of this compact to provide for a joint exercise of these powers of sovereignty in the common interest of the people of the region.

3. The water resources of the basin are functionally interrelated, and the uses of these resources are interdependent. A single administrative agency is therefore essential for effective and economical direction, supervision, and coordination of water resources efforts and programs of federal, state, and local governments and of private enterprise.

4. Present and future demands require increasing economies and efficiencies in the use and reuse of water resources, and these can be brought about only by comprehensive planning, programming, and management under the direction of a single administrative agency.

5. In general, the purposes of this compact are to promote interstate comity; to remove causes of possible controversy; to make secure and protect developments within the states; to encourage and provide for the planning, conservation, utilization, development, management, and control of the water resources of the basin; to provide for cooperative and coordinated planning and action by the signatory parties with respect to water resources; and to apply the principle of equal and uniform treatment to all users of water and of water related facilities without regard to political boundaries.

6. It is the express intent of the signatory parties that the commission shall engage in the construction, operation, and maintenance of a project only when the project is necessary to the execution of the comprehensive plan and no other competent agency is in a position to act, or such agency fails to act.

1.4. Nothing in this compact shall be construed to relinquish the functions, powers, or duties of the Congress of the United States with respect to the control of any navigable waters within the basin, nor shall any provisions hereof be construed in derogation of any of the constitutional powers of the Congress to regulate commerce among the states and with foreign nations. The power and right of the Congress to withdraw the federal government as a party to this compact or to revise or modify the terms, conditions, and provisions under which it may remain a party by amendment, repeal, or modification of any federal statute applicable hereto is recognized by the signatory parties.

1.5. (a) The duration of this compact shall be for an initial period of 100 years from its effective date, and it shall be continued for additional periods of 100 years if not less than 20 years nor more than 25 years prior to the termination of the initial period or any succeeding period none of the signatory states, by authority of an act of its legislature, notifies the commission of intention to terminate the compact at the end of the then current 100–year period.

(b) In the event this compact should be terminated by operation of paragraph (a) above, the commission shall be dissolved, its assets and liabilities transferred in accordance with the equities of the signatory parties therein, and its corporate affairs wound up in accordance with agreement of the signatory parties or, failing agreement, by act of the Congress.

Article 2

Organization and Area

2.1. The Susquehanna River Basin Commission is hereby created as a body politic and corporate, with succession for the duration of this compact, as an agency and instrumentality of the governments of the respective signatory parties.

2.2. The members of the commission shall be the governor or the designee of the governor of each signatory state, to act for him, and one member to be appointed by the President of the United States to serve at the pleasure of the President.

2.3. An alternate from each signatory party shall be appointed by its member of the commission unless otherwise provided by the laws of the signatory party. The alternate, in the absence of the member, shall represent the member and act for him. In the event of a vacancy in the office of alternate, it shall be filled in the same manner as the original appointment.

2.4. Members of the commission and alternates shall serve without compensation from the commission but may be reimbursed for necessary expenses incurred in and incident to the performance of their duties.

2.5. Each member is entitled to one vote. No action of the commission may be taken unless three of the four members vote in favor thereof.

2.6. The commission shall provide for its own organization and procedure, and shall adopt the rules and regulations governing its meetings and transactions. It shall organize annually by the election of a chairman and vice–chairman from among its members. It shall provide by its rules for the appointment by each member in his discretion of an advisor to serve without compensation from the commission, who may attend all meetings of the commission and its committees.

2.7. The commission shall have, exercise, and discharge its functions, powers, and duties within the limits of the basin. Outside the basin, the commission shall act at its discretion, but only to the extent necessary to implement its responsibilities within the basin, and where necessary subject to the consent of the state wherein it proposes to act.

Article 3

Powers and Duties of the Commission

3.1. The commission shall develop and effectuate plans, policies, and projects relating to the water resources of the basin. It shall adopt and promote uniform and coordinated policies for water resources conservation and management in the basin. It shall encourage and direct the planning, development, operation, and subject to applicable laws the financing of water resources projects according to such plans and policies.

3.2. It is the policy of the signatory parties to preserve and utilize the functions, powers, and duties of the existing offices and agencies of government to the extent consistent with this compact, and the commission is directed to utilize those offices and agencies for the purposes of this compact.

3.3. The commission in accordance with Article 14 of this compact, shall formulate and adopt:

1. A comprehensive plan, after consultation with appropriate water users and interested public bodies for the immediate and long range development and use of the water resources of the basin;

2. A water resources program, based upon the comprehensive plan, which shall include a systematic presentation of the quantity and quality of water resources needs of the area to be served for such reasonably foreseeable period as the commission may determine, balanced by existing and proposed projects required to satisfy such needs, including all public and private projects affecting the basin, together with a separate statement of the projects proposed to be undertaken by the commission during such period; and

3. An annual current expense budget and an annual capital budget consistent with the commission’s program, projects, and facilities for the budget period.

3.4. The commission may:

1. Plan, design, acquire, construct, reconstruct, complete, own, improve, extend, develop, operate, and maintain any and all projects, facilities, properties, activities, and services which are determined by the commission to be necessary, convenient, or useful for the purposes of this compact.

2. Establish standards of planning, design, and operation of all projects and facilities in the basin to the extent they affect water resources, including without limitation thereto water, sewage and other waste treatment plants and facilities, pipelines, transmission lines, stream and lake recreational facilities, trunk mains for water distribution, local flood protection works, watershed management programs, and ground water recharging operations.

3. Conduct and sponsor research on water resources and their planning, use, conservation, management, development, control, and protection, and the capacity, adaptability, and best utility of each facility thereof, and collect, compile, correlate, analyze, report, and interpret data on water resources and uses in the basin, including without limitation thereto the relation of water to other resources, industrial water technology, ground water movement, relation between water price and water demand and other economic factors, and general hydrological conditions.

4. Collect, compile, coordinate, and interpret systematic surface and ground water data, and publicize such information when and as needed for water uses, flood warning, quality maintenance, or other purposes.

5. Conduct ground and surface water investigations, tests, and operations, and compile data relating thereto as may be required to formulate and administer the comprehensive plan.

6. Prepare, publish, and disseminate information and reports concerning the water problems of the basin and for the presentation of the needs and resources of the basin and policies of the commission to executive and legislative branches of the signatory parties.

7. Negotiate loans, grants, gifts, services, or other aids as may be lawfully available from public or private sources to finance or assist in effectuating any of the purposes of this compact, and receive and accept them upon terms and conditions, and subject to provisions, as may be required by federal or state law or as the commission may deem necessary or desirable.

8. Exercise such other and different powers as may be delegated to it by this compact or otherwise pursuant to law, and have and exercise all powers necessary or convenient to carry out its express powers and other powers which reasonably may be implied therefrom.

9. Adopt, amend, and repeal rules and regulations to implement this compact.

3.5. The commission shall:

1. Develop and effectuate plans, policies, and projects relating to water resources, adopt, promote, and coordinate policies and standards for water resources conservation, control, utilization, and management, and promote and implement the planning, development, and financing of water resources projects.

2. Undertake investigations, studies, and surveys, and acquire, construct, operate, and maintain projects and facilities in regard to the water resources of the basin, whenever it is deemed necessary to do so to activate or effectuate any of the provisions of this compact.

3. Administer, manage, and control water resources in all matters determined by the commission to be interstate in nature or to have a major effect on the water resources and water resources management.

4. Assume jurisdiction in any matter affecting water resources whenever it determines after investigation and public hearing upon due notice given, that the effectuation of the comprehensive plan or the implementation of this compact so requires. If the commission finds upon subsequent hearing requested by an affected signatory party that the party will take the necessary action, the commission may relinquish jurisdiction.

5. Investigate and determine if the requirements of the compact or the rules and regulations of the commission are complied with, and if satisfactory progress has not been made, institute an action or actions in its own name in any state or federal court of competent jurisdiction to compel compliance with any and all of the provisions of this compact or any of the rules and regulations of the commission adopted pursuant thereto. An action shall be instituted in the name of the commission and shall be conducted by its own counsel.

3.6. (a) Each of the signatory parties agrees that it will seek enactment of such additional legislation as will be required to enable its officers, departments, commissions, boards, and agents to accomplish effectively the obligations and duties assumed under the terms of this compact.

(b) Nothing in the compact shall be construed to repeal, modify, or qualify the authority of any signatory party to enact any legislation or enforce any additional conditions and restrictions within its jurisdiction.

3.7. The commission shall promote and aid the coordination of the activities and programs of federal, state, municipal, and private agencies concerned with water resources administration in the basin. To this end, but without limitation thereto, the commission may:

1. Advise, consult, contract, financially assist, or otherwise cooperate with any and all such agencies;

2. Employ any other agency or instrumentality of any of the signatory parties or of any political subdivision thereof, in the design, construction, operation, and maintenance of structures, and the installation and management of river control systems, or for any other purpose;

3. Develop and adopt plans and specifications for particular water resources projects and facilities which so far as consistent with the comprehensive plan incorporate any separate plans of other public and private organizations operating in the basin, and permit the decentralized administration thereof;

4. Qualify as a sponsoring agency under any federal legislation heretofore or hereafter enacted to provide financial or other assistance for the planning, conservation, utilization, development, management, or control of water resources.

3.8. (a) The commission shall have power from time to time as the need appears, to allocate the waters of the basin to and among the states signatory to this compact and impose related conditions, obligations, and release requirements.

(b) The commission shall have power from time to time as the need appears to enter into agreements with other river basin commissions or other states with respect to in–basin and out–of–basin allocations, withdrawals, and diversions.

(c) No allocation of waters made pursuant to this section shall constitute a prior appropriation of the waters of the basin or confer any superiority of right in respect to the use of those waters, nor shall any such action be deemed to constitute an apportionment of the waters of the basin among the parties hereto. This subsection shall not be deemed to limit or restrict the power of the commission to enter into covenants with respect to water supply, with a duration not exceeding the life of this compact, as it may deem necessary for the benefit or development of the water resources of the basin.

3.9. The commission, from time to time after public notice and public hearing upon due notice given may fix, alter, and revise rates, rentals, charges, and tolls, and classifications thereof, without regulation or control by any department, office, or agency of any signatory party, for the use of facilities owned or operated by it, and any services or products which it provides.

3.10. No projects affecting the water resources of the basin, except those not requiring review and approval by the commission under paragraph 3 following, shall be undertaken by any person, governmental authority or other entity prior to submission to and approval by the commission or appropriate agencies of the signatory parties for review.

1. All water resources projects for which a permit or other form of permission to proceed with construction or implementation is required by legislative action of a signatory party or by rule or regulation of an office or agency of a signatory party having functions, powers, and duties in the planning, conservation, development, management, or control of water resources shall be submitted as heretofore to the appropriate office or agency of the signatory party for review and approval. To assure that the commission is apprised of all projects within the basin, monthly reports and listings of all permits granted, or similar actions taken, by offices or agencies of the signatory parties shall be submitted to the commission in a manner prescribed by it.

Those projects which also require commission approval pursuant to the provisions of paragraphs 2(ii) and 2(iii) following shall be submitted to the commission through appropriate offices or agencies of a signatory party, except that, if no agency of a signatory party has jurisdiction, such projects shall be submitted directly to the commission in such manner as the commission shall prescribe.

2. Approval of the commission shall be required for, but not limited to, the following:

(i) All projects on or crossing the boundary between any two signatory states;

(ii) Any project involving the diversion of water;

(iii) Any project within the boundaries of any signatory state found and determined by the commission or by any agency of a signatory party having functions, powers, and duties in the planning, conservation, development, management, or control of water resources to have a significant effect on water resources within another signatory state; and

(iv) Any project which has been included by the commission, after hearing, as provided in Article 14, section 14.1, as a part of the commission’s comprehensive plan for the development of the water resources of the basin, or which would have a significant effect upon the plan.

3. Review and approval by the commission shall not be required for:

(i) Projects which fall into an exempt classification or designation established by legislative action of a signatory party or by rule or regulation of an office or agency of a signatory party having functions, powers, and duties in the planning, conservation, development, management, or control of water resources. The sponsors of those projects are not required to obtain a permit or other form of permission to proceed with construction or implementation, unless it is determined by the commission or by the agency of a signatory party that such project or projects may cause an adverse, adverse cumulative, or an interstate effect on water resources of the basin, and the project sponsor has been notified in writing by the commission or by the agency of a signatory party that commission approval is required.

(ii) Projects which are classified by the commission as not requiring its review and approval, for so long as they are so classified.

4. The commission shall approve a project if it determines that the project is not detrimental to the proper conservation, development, management, or control of the water resources of the basin and may modify and approve as modified, or may disapprove the project, if it determines that the project is not in the best interest of the conservation, development, management, or control of the basin’s water resources, or is in conflict with the comprehensive plan.

5. The commission, after consultation with the appropriate offices or agencies of the signatory parties, shall establish the procedure of submission, review, and consideration of projects. Any procedure for review and approval of diversions of water shall include public hearing on due notice given, with opportunity for interested persons, agencies, governmental units, and signatory parties to be heard and to present evidence. A complete transcript of the proceedings at the hearing shall be made and preserved, and it shall be made available under rules for that purpose adopted by the commission.

6. Any determination of the commission pursuant to this article or any article of the compact providing for judicial review shall be subject to such judicial review in any court of competent jurisdiction, provided that an action or proceeding for such review is commenced within 90 days from the effective date of the determination sought to be reviewed; but a determination of the commission concerning a diversion, under section 3.10–2 (ii) with the claimed effect of reducing below a proper minimum the flow of water in that portion of the basin within the area of a signatory party, shall be subject to judicial review under the particular provisions of paragraph 7 below.

7. Any signatory party deeming itself aggrieved by an action of the commission concerning a diversion under section 3.10–2 (ii) with the claimed effect of reducing below a proper minimum the flow of water in that portion of the basin which lies within the area of that signatory party, and notwithstanding the powers provided to the commission by this compact, may have review of commission action approving the diversion in the Supreme Court of the United States; provided that a proceeding for such review is commenced within one year from the date of action sought to be reviewed. Any such review shall be on the record made before the commission. The action of the commission shall be affirmed, unless the court finds that it is not supported by substantial evidence.

3.11. The commission may constitute and empower advisory committees.

Article 4

Water Supply

4.1. The commission shall have power to develop, implement, and effectuate plans and projects for the use of the water of the basin for domestic, municipal, agricultural, and industrial water supply. To this end, without limitation thereto, it may provide for, construct, acquire, operate, and maintain dams, reservoirs, and other facilities for utilization of surface and ground water resources, and all related structures, appurtenances, and equipment on the river and its tributaries and at such off–river sites as it may find appropriate, and may regulate and control the use thereof.

4.2. (a) The commission shall have power to acquire, construct, operate, and control projects and facilities for the storage and release of waters, for the regulation of flows and supplies of surface and ground waters of the basin, for the protection of public health, stream quality control, economic development, improvement of fisheries, recreation, dilution and abatement of pollution, the prevention of undue salinity, and other purposes.

(b) No signatory party shall permit any augmentation of flow to be diminished by the diversion of any water of the basin during any period in which waters are being released from storage under the direction of the commission for the purpose of augmenting such flow, except in cases where the diversion is authorized by this compact, or by the commission pursuant thereto, or by the judgment, order, or decree of a court of competent jurisdiction.

4.3. The commission may provide water management and regulation in the main stream or any tributary in the basin and, in accordance with the procedures of applicable state laws, may assess on an annual basis or otherwise the cost thereof upon water users or any classification of them specially benefited thereby to a measurable extent, provided that no such assessment shall exceed the actual benefit to any water user. Any such assessment shall follow the procedure prescribed by law for local improvement assessments and shall be subject to review in any court of competent jurisdiction.

4.4. Prior to entering upon the execution of any project authorized by this article, the commission shall review and consider all existing rights, plans, and programs of the signatory parties, their political subdivisions, private parties, and water users which are pertinent to such project, and shall hold a public hearing on each proposed project.

4.5. In connection with any project authorized by this article, the commission shall have power to provide storage, treatment, pumping, and transmission facilities, but nothing herein shall be construed to authorize the commission to engage in the business of distributing water.

Article 5

Water Quality Management and Control

5.1. (a) The commission may undertake or contract for investigations, studies, and surveys pertaining to existing water quality, effects of varied actual or projected operations on water quality, new compounds and materials and probable future water quality in the basin. The commission may receive, expend, and administer funds, federal, state, local, or private as may be available to carry out these functions relating to water quality investigations.

(b) The commission may acquire, construct, operate, and maintain projects and facilities for the management and control of water quality in the basin whenever the commission deems necessary to activate or effectuate any of the provisions of this compact.

5.2. (a) In order to conserve, protect, and utilize the water quality of the basin in accordance with the best interests of the people of the basin and the states, it shall be the policy of the commission to encourage and coordinate the efforts of the signatory parties to prevent, reduce, control, and eliminate water pollution and to maintain water quality as required by the comprehensive plan.

(b) The legislative intent in enacting this article is to give specific emphasis to the primary role of the states in water quality management and control.

(c) The commission shall recommend to the signatory parties the establishment, modification, or amendment of standards of quality for any waters of the basin in relation to their reasonable and necessary use as the commission shall deem to be in the public interest.

(d) The commission shall encourage cooperation and uniform enforcement programs and policies by the water quality control agencies of the signatory parties in meeting the water quality standards established in the comprehensive plan.

(e) The commission may assume jurisdiction whenever it determines after investigation and public hearing upon due notice given that the effectuation of the comprehensive plan so requires. After such investigation, notice, and hearing, the commission may adopt such rules, regulations, and water quality standards as may be required to preserve, protect, improve, and develop the quality of the waters of the basin in accordance with the comprehensive plan.

5.3. (a) Each of the signatory parties agrees to prohibit and control pollution of the waters of the basin according to the requirements of this compact and to cooperate faithfully in the control of future pollution in and abatement of existing pollution from the waters of the basin.

(b) The commission shall have the authority to investigate and determine if the requirements of the compact or the rules, regulations, and water quality standards of the commission are complied with and if satisfactory progress has not been made, may institute an action or actions in its own name in the proper court or courts of competent jurisdiction to compel compliance with any and all of the provisions of this compact or any of the rules, regulations, and water quality standards of the commission adopted pursuant thereto.

5.4. Nothing in this compact shall be construed to repeal, modify, or qualify the authority of any signatory party to enact any legislation or enforce any additional conditions and restrictions to lessen or prevent the pollution of waters within its jurisdiction.

Article 6

Flood Protection

6.1. The commission may plan, design, construct, and operate and maintain projects and facilities it deems necessary or desirable for flood plain development and flood damage reduction. It shall have power to operate such facilities and to store and release waters of the Susquehanna River and its tributaries and elsewhere within the basin, in such manner, at such times, and under such regulations as the commission may deem appropriate to meet flood conditions as they may arise.

6.2. (a) The commission may study and determine the nature and extent of the flood plains of the Susquehanna River and its tributaries. Upon the basis of the studies, it may delineate areas subject to flooding, including but not limited to a classification of lands with reference to relative risk of flooding and the establishment of standards for flood plain use which will promote economic development and safeguard the public health, welfare, safety, and property. Prior to the adoption of any standards delineating the area or defining the use, the commission shall hold public hearings with respect to the substance of the standards in the manner provided by Article 15. The proposed standards shall be available from the commission at the time notice is given, and interested persons shall be given an opportunity to be heard thereon at the hearings.

(b) The commission shall have power to promulgate, adopt, amend, and repeal from time to time as necessary, standards relating to the nature and extent of the uses of land in areas subject to flooding.

(c) In taking action pursuant to subsection (b) of this section and as a prerequisite thereto, the commission shall consider the effect of particular uses of the flood plain in question on the health and safety of persons and property in the basin, the economic and technical feasibility of measures available for the development and protection of the flood plain, and the responsibilities, if any, of local, state, and federal governments connected with the use or proposed use of the flood plain in question. The commission shall regulate the use of particular flood plains in the manner and degree it finds necessary for the factors enumerated in this subsection, but only with the consent of the affected signatory state, and shall suspend such regulation when and so long as the signatory party or parties or political subdivision possessing jurisdiction have in force applicable laws which the commission finds give adequate protection for the purposes of this section.

(d) In order to conserve, protect, and utilize the Susquehanna River and its tributaries in accordance with the best interests of the people of the basin and the signatory parties, it shall be the policy of the commission to encourage and coordinate the efforts of the signatory parties to control modification of the river and its tributaries by encroachment.

6.3. The commission shall have power to acquire the fee or any lesser interest in lands and improvements thereon within the area of a flood plain for the purpose of regulating the use or types of construction of such property to minimize the flood hazard, convert the property to uses or types of construction appropriate to flood plain conditions, or prevent constrictions or obstructions that reduce the ability of the river channel and flood plain to carry flood water.

6.4. No rule or regulation issued by the commission pursuant to this shall be construed to require the demolition, removal, or alteration of any structure in place or under construction prior to the issuance thereof, without the payment of just compensation therefor. However, new construction or any addition to or alteration in any existing structure made or commenced subsequent to the issuance of such rule or regulation, or amendment, shall conform thereto.

6.5. The regulation of use of flood plain lands is within the police powers of the signatory states for the protection of public health and the safety of the people and their property and shall not be deemed a taking of land or lands for which compensation shall be paid to the owners thereof.

6.6. Each of the signatory parties agrees to control flood plain use along and encroachment upon the Susquehanna and its tributaries and to cooperate faithfully in these respects.

6.7. Nothing in this article shall be construed to prevent or in any way to limit the power of any signatory party, or any agency or subdivision thereof, to issue or adopt and enforce any requirement or requirements with respect to flood plain use or construction thereon more stringent than the rules, regulations, or encroachment lines in force pursuant to this article. The commission may appear in any court of competent jurisdiction to bring actions or proceedings in law or equity to enforce the provisions of this article.

6.8. The signatory states agree that dumping or littering upon or in the waters of the Susquehanna River or its tributaries or upon the frozen surfaces thereof of any rubbish, trash, litter, debris, abandoned properties, waste material, or offensive matter, is prohibited and that the law enforcement officials of each state shall enforce this prohibition.

Article 7

Watershed Management

7.1. The commission shall promote sound practices of watershed management in the basin, including projects and facilities to retard runoff and waterflow and prevent soil erosion.

7.2. The commission, subject to the limitations in section 7.4 (b), may acquire, sponsor, or operate facilities and projects to encourage soil conservation, prevent and control erosion, and promote land reclamation and sound land and forest management.

7.3. The commission, subject to the limitations in section 7.4 (b), may acquire, sponsor, or operate projects and facilities for the maintenance and improvement of fish and wildlife habitat related to the water resources of the basin.

7.4. (a) The commission shall cooperate with the appropriate agencies of the signatory parties and with other public and private agencies in the planning and effectuation of a coordinated program of facilities and projects authorized by this article.

(b) The commission shall not acquire or operate any such project or facility unless it has first found and determined that no other suitable unit or agency of government is in a position to acquire or operate the same upon reasonable conditions, or such unit or agency fails to do so.

Article 8

Recreation

8.1. The commission may provide for the development of water related public sports and recreational facilities. The commission on its own account or in cooperation with a signatory party, political subdivision or any agency thereof, may provide for the construction, maintenance, and administration of such facilities, subject to the provisions of section 8.2 hereof.

8.2. (a) The commission shall cooperate with the appropriate agencies of the signatory parties and with other public and private agencies in the planning and effectuation of a coordinated program or facilities and projects authorized by this article.

(b) The commission shall not operate any such project or facility unless it has first found and determined that no other suitable unit or agency of government is available to operate the same upon reasonable conditions.

8.3. The commission, within limits prescribed by this article, shall:

1. Encourage activities of other public agencies having water related recreational interests and assist in the coordination thereof;

2. Recommend standards for the development and administration of water related recreational facilities;

3. Provide for the administration, operation, and maintenance of recreation facilities owned or controlled by the commission and for the letting and supervision of private concessions in accordance with this article.

8.4. The commission, after public hearing on due notice given, shall provide by regulation a procedure for the award of contracts for private concessions in connection with its recreational facilities, including any renewal or extension thereof, under terms and conditions determined by the commission.

Article 9

Other Public Values

9.1. The signatory parties agree that it is a purpose of this compact in effectuating the conservation and management of water resources to preserve and promote the economic and other values inherent in the historic and the scenic and other natural amenities of the Susquehanna River Basin for the enjoyment and enrichment of future generations, for the promotion and protection of tourist attractions in the basin, and for the maintenance of the economic health of allied enterprises and occupations so as to effect orderly, balanced, and considered development in the basin.

9.2. To this end, the signatory parties agree that in the consideration, authorization, construction, maintenance, and operation of all water resources projects in the Susquehanna Basin, their agencies and subdivisions, and the Susquehanna River Basin Commission will consider the compatibility of such projects with these other public values.

9.3. The commission may recommend to governmental units with jurisdiction within areas considered for scenic or historic designation minimum standards of regulation of land and water use and such other protective measures as the commission may deem desirable.

9.4. The commission may draft and recommend for adoption ordinances and regulations which would assist, promote, develop, and protect those areas and the character of their communities. Local governments may consider parts of their area which have been designated scenic or historic areas under the provisions of this article separately from the municipality as a whole, and pursuant to the laws of the state governing the adoption of those regulations generally may enact regulations limited to the designated area. In making recommendations to a local government which is partly in and partly out of such a scenic or historic area the commission may make recommendations for the entire municipality.

Article 10

Hydroelectric Power

10.1. The waters of the Susquehanna River and its tributaries may be impounded and used by or under authority of the commission for the generation of hydroelectric power and hydroelectric energy in accordance with the comprehensive plan.

10.2. The commission may develop and operate, or authorize to be developed and operated, dams and related facilities and appurtenances for the purpose of generating electric power and hydroelectric energy.

10.3. The commission may provide facilities for the transmission of hydroelectric power and hydroelectric energy produced by it where such facilities are not otherwise available upon reasonable terms, for the purpose of wholesale marketing of power and nothing herein shall be construed to authorize the commission to engage in the business of direct sale to consumers.

10.4. The commission, after public hearing on due notice given, may enter into contracts on reasonable terms, consideration, and duration under which public utilities or public agencies may develop hydroelectric power and hydroelectric energy through the use of dams, related facilities, and appurtenances.

10.5. Rates and charges fixed by the commission for power which is produced by its facilities shall be reasonable, nondiscriminatory, and just.

Article 11

Regulation of Withdrawal and Diversions; Protected Areas and Emergencies

11.1. The commission may regulate and control withdrawals and diversions from surface waters and ground waters of the basin, as provided by this article. The commission may enter into agreements with the signatory parties relating to the exercise of such power or regulation or control and may delegate to any of them such powers of the commission as it may deem necessary or desirable.

11.2. The commission, from time to time after public hearing upon due notice given, may determine and delineate such areas within the basin wherein the demands upon supply made by water users have developed or threaten to develop to such a degree as to create a water shortage or impair or conflict with the requirements or effectuation of the comprehensive plan, and any such area may be designated as a protected area, with the consent of the member or members from the affected state or states. The commission, whenever it determines that such shortage no longer exists, shall terminate the protected status of such area and shall give public notice of such termination.

11.3. In any protected areas so determined and delineated, no person shall divert or withdraw water for domestic, municipal, agricultural, or industrial uses in excess of such quantities as the commission may prescribe by general regulations, except (1) pursuant to a permit granted under this article, or (2) pursuant to a permit or approval heretofore granted under the laws of any of the signatory states.

11.4. (a) In the event of a drought which may cause an actual and immediate shortage of available water supply within the basin, or within any part thereof, the commission after public hearing upon due notice given, may determine and delineate the area of the shortage and by unanimous vote declare a drought emergency therein. For the duration of the drought emergency as determined by the commission, it thereupon may direct increases or decreases in any allocations, diversions, or releases previously granted or required, for a limited time to meet the emergency condition.

(b) In the event of a disaster or catastrophe other than drought, natural or manmade, which causes or may cause an actual and immediate shortage of available and usable water, the commission by unanimous consent may impose direct controls on the use of water and shall take such action as is necessary to coordinate the effort of federal, state, and local agencies and other persons and entities affected.

11.5. Permits shall be granted, modified, or denied, as the case may be, to avoid such depletion of the natural stream flows and ground waters in the protected area or in an emergency area as will adversely affect the comprehensive plan or the just and equitable interests and rights of other lawful users of the same source, giving due regard to the need to balance and reconcile alternative and conflicting uses in the event of an actual or threatened shortage of water of the quality required.

11.6. The determinations and delineations of the commission pursuant to section 11.2 and the granting, modification or denial of permits pursuant to sections 11.3, 11.4, and 11.5 shall be subject to judicial review in any court of competent jurisdiction.

11.7. Each signatory party shall provide for the maintenance and preservation of such records of authorized diversions and withdrawals and the annual volume thereof as the commission shall prescribe. Such records and supplementary reports shall be furnished to the commission at its request.

11.8. Whenever the commission finds it necessary or desirable to exercise the powers conferred with respect to emergencies by this article, any diversion or withdrawal permits authorized or issued under the laws of any of the signatory states shall be superseded to the extent of any conflict with the control and regulation exercised by the commission.

Article 12

Intergovernmental Relations

12.1. For the purposes of avoiding conflicts of jurisdiction and of giving full effect to the commission as a regional agency of the signatory parties, the following rules shall govern federal projects affecting the water resources of the basin, subject in each case to the provisions of section 1.4 of this compact:

1. The planning of all projects related to powers delegated to the commission by this compact shall be undertaken in consultation with the commission.

2. No expenditure or commitment shall be made for or on account of the construction, acquisition, or operation of any project or facility nor shall it be deemed authorized, unless it shall have first been included by the commission in the comprehensive plan.

3. Each federal agency otherwise authorized by law to plan, design, construct, operate or maintain any project or facility in or for the basin shall continue to have, exercise, and discharge such authority except as specifically provided by this section.

12.2. For the purposes of avoiding conflicts of jurisdiction and of giving full effect to the commission as a regional agency of the signatory parties, the following rules shall govern projects of the signatory states, their political subdivisions and public corporations affecting water resources of the basin:

1. The planning of all projects related to powers delegated to the commission by this compact shall be undertaken in consultation with the commission;

2. No expenditure or commitment shall be made for or on account of the construction, acquisition, or operation of any project or facility unless it first has been included by the commission in the comprehensive plan;

3. Each state and local agency otherwise authorized by law to plan, design, construct, operate, or maintain any project or facility in or for the basin shall continue to have, exercise, and discharge such authority, except as specifically provided by this section.

12.3. Each of the signatory parties reserves the right to levy, assess, and collect fees, charges, and taxes on or measured by the withdrawal or diversion of waters of the basin for use within the jurisdiction of the respective signatory parties.

12.4. The commission shall establish uniform standards and procedures for the evaluation, determination of benefits, and cost allocations of projects affecting the basin, and for the determination of project priorities, pursuant to the requirements of the comprehensive plan and its water resources program. The commission shall develop equitable cost sharing and reimbursement formulas for the signatory parties including:

1. Uniform and consistent procedures for the allocation of project costs among purposes included in multiple–purpose programs;

2. Contracts and arrangements for sharing financial responsibility among and with signatory parties, public bodies, groups, and private enterprise, and for the supervision of their performance;

3. Establishment and supervision of a system of accounts for reimbursement purposes and directing the payments and charges to be made from such accounts;

4. Determining the basis and apportioning amounts (i) of reimbursable revenues to be paid signatory parties or their political subdivisions, and (ii) of payments in lieu of taxes to any of them.

12.5. The commission shall furnish technical services, advice, and consultation to authorized agencies of the signatory parties with respect to the water resources of the basin, and each of the signatory parties pledges itself to provide technical and administrative service to the commission upon request, within the limits of available appropriations, and to cooperate generally with the commission for the purposes of this compact, and the cost of such service may be reimbursable whenever the parties deem appropriate.

Article 13

Capital Financing

13.1. The commission may borrow money for any of the purposes of this compact and may issue its negotiable bonds and other evidences of indebtedness in respect thereto.

All such bonds and evidences of indebtedness shall be payable solely out of the properties and revenues of the commission without recourse to taxation. The bonds and other obligations of the commission, except as may be otherwise provided in the indenture under which they were issued, shall be direct and general obligations of the commission, and the full faith and credit of the commission are hereby pledged for the prompt payment of the debt service thereon and for the fulfillment of all other undertakings of the commission assumed by it to or for the benefit of the holders thereof.

13.2. The purposes of this compact shall include without limitation thereto all costs of any project or facility or any part thereof, including interest during a period of construction and a reasonable time thereafter and any incidental expenses (legal, engineering, fiscal, financial consultant, and other expenses) connected with issuing and disposing of the bonds; all amounts required for the creation of an operating fund, construction fund, reserve fund, sinking fund, or other special fund; all other expenses connected with the planning, design, acquisition, construction, completion, improvement, or reconstruction of any facility or any part thereof, and reimbursement of advances by the commission or by others for such purposes and for working capital.

13.3. The commission shall have no power to pledge the credit of any signatory party or of any county or municipality, or to impose any obligation for payment of the bonds upon any signatory party or any county or municipality. Neither the commissioners nor any person executing the bonds shall be liable personally on the bonds of the commission or be subject to any personal liability or accountability by reason of the issuance thereof.

13.4. Whenever the commission deems it expedient, it may fund and refund its bonds and other obligations, whether or not such bonds and obligations have matured. It may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any bonds (including payment of any premium, duplicate interest, or cash adjustment required in connection therewith) issued by the commission or issued by any other issuing body, the proceeds of the sale of which have been applied to any facility acquired by the commission or which are payable out of the revenues of any facility acquired by the commission. Bonds may be issued partly to refund bonds and other obligations then outstanding, and partly for any other purpose of the commission. All provisions of this compact applicable to the issuance of bonds are applicable to refunding bonds and to the issuance, sale, or exchange thereof.

13.5. Bonds and other indebtedness of the commission shall be authorized by resolution of the commission. The validity of the authorization and issuance of any bonds by the commission shall not be dependent upon or affected in any way by: (1) the disposition of bond proceeds by the commission or by contract, commitment or action taken with respect to such proceeds; or (2) the failure to complete any part of the project for which bonds are authorized to be issued. The commission may issue bonds in one or more series and may provide for one or more consolidated bond issues, in such principal amounts and with such terms and provisions as the commission may deem necessary. The bonds may be secured by a pledge of all or any part of the property, revenues, and franchises under its control. Bonds may be issued by the commission in such amount, with such maturities and in such denominations and form or forms, whether coupon or registered, as to both principal and interest, as may be determined by the commission. The commission may provide for redemption of bonds prior to maturity on such notice and at such time or times and with such redemption provisions, including premiums, as the commission may determine.

13.6. The commission may determine and enter into indentures providing for the principal amount, date or dates, maturities, interest rate, denominations, form, registration, transfer, interchange, and other provisions of the bonds and coupons and the terms and conditions upon which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. The resolution of the commission authorizing any bond or any indenture so authorized under which the bonds are issued may include all such covenants and other provisions other than any restriction on the regulatory powers vested in the commission by this compact as the commission may deem necessary or desirable for the issue, payment, security, protection, or marketing of the bonds, including without limitation covenants and other provisions as to the rates or amounts of fees, rents, and other charges to be charged or made for use of the facilities; the use, pledge, custody, securing, application, and disposition of such revenues, of the proceeds of the bonds, and of any other moneys of the commission; the operation, maintenance, repair, and reconstruction of the facilities and the amounts which may be expended therefor; the sale, lease, or other disposition of the facilities; the insuring of the facilities and of the revenues derived therefrom; the construction or other acquisition of other facilities; the issuance of additional bonds or other indebtedness; the rights of the bondholders and of any trustee for the bondholders upon default by the commission or otherwise; and the modification of the provisions of the indenture and of the bonds. Reference on the face of the bonds to such resolution or indenture by its date of adoption or the apparent date on the face thereof is sufficient to incorporate all of the provisions thereof and of this compact into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to all of the provisions of the indenture and of this compact and is bound thereby.

13.7. No bond or its terms shall mature in more than fifty years from its own date, or on any date subsequent to the duration of this compact, and in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date herein authorized shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue.

13.8. All bonds issued by the commission under the provisions of this compact and the interest thereon shall at all times be free and exempt from all taxation by or under authority of any of the signatory parties, except for transfer, inheritance, and estate taxes.

13.9. Bonds shall bear interest at such rate as the commission determines payable annually or semiannually.

13.10. The commission may provide for the payment of the principal and interest of bonds at any place or places within or without the signatory states, and in any specified lawful coin or currency of the United States of America.

13.11. The commission may provide for the execution and authentication of bonds by the manual, lithographed, or printed facsimile signature of officers of the commission, and by additional authentication by a trustee or fiscal agent appointed by the commission. If any of the officers whose signatures or countersignatures appear upon the bonds or coupons ceases to be an officer before the delivery of the bonds or coupons, his signature or countersignature is nevertheless valid and of the same force and effect as if the officer had remained in office until the delivery of the bonds and coupons.

13.12. The commission shall have power out of any funds available therefor to purchase its bonds and may hold, cancel, or resell such bonds.

13.13. The commission may fix terms and conditions for the sale or other disposition of any authorized issue of bonds and may sell its bonds at less than their par or face value. All bonds issued and sold for cash pursuant to this compact shall be sold on sealed proposals to the highest bidder. Prior to such sale, the commission shall advertise for bids by publication of a notice of sale not less than ten days prior to the date of sale, at least once in a newspaper of general circulation printed and published in New York City carrying municipal bonds notices and devoted primarily to financial news. The commission may reject any and all bids submitted and may thereafter sell the bonds so advertised for sale at private sale to any financially responsible bidder under such terms and conditions as it deems most advantageous to the public interest, but the bonds shall not be sold at a net interest cost calculated upon the entire issue so advertised, greater than the lowest bid which was rejected. In the event the commission desires to issue its bonds in exchange for an existing facility or portion thereof, or in exchange for bonds secured by the revenues of an existing facility, it may exchange such bonds for the existing facility or portion thereof or for the bonds so secured, plus an additional amount of cash, without advertising such bonds for sale.

13.14. All bonds issued under the provisions of this compact are negotiable instruments, except when registered in the name of a registered owner.

13.15. Bonds of the commission shall be legal investments for savings banks, fiduciaries and public funds in each of the signatory states.

13.16. Prior to the issuance of any bonds, the commission may institute a special proceeding to determine the legality of proceedings to issue the bonds and their validity under the laws of any of the signatory parties. Such proceedings shall be instituted and prosecuted in rem, and the judgment rendered therein shall be conclusive against all persons whomsoever and against each of the signatory parties.

13.17. No indenture need be recorded or filed in any public office, other than the office of the commission. The pledge of revenues provided in any indenture shall take effect forthwith as provided therein and irrespective of the date of receipts of such revenues by the commission or the indenture trustee. Such pledge shall be effective as provided in the indenture without physical delivery of the revenues to the commission or the indenture trustee.

13.18. Bond redemption and interest payments, to the extent provided in the resolution or indenture, shall constitute a first, direct and exclusive charge and lien on all such rates, rents, tolls, fees, and charges and other revenues and interest thereon received from the use and operation of the facility, and on any sinking or other funds created therefrom. All such rates, rents, tolls, fees, charges and other revenues, together with interest thereon, shall constitute a trust fund for the security and payment of such bonds, and except as and to the extent provided in the indenture with respect to the payment therefrom of expenses for other purposes including administration, operation, maintenance, improvements, or extensions of the facilities or other purposes shall not be used or pledged for any other purpose so long as such bonds, or any of them, are outstanding, and unpaid.

13.19. The holder of any bond may for the equal benefit and protection of all holders of bonds similarly situated; (1) by mandamus or other appropriate proceedings require and compel the performance of any of the duties imposed upon the commission or assumed by it, its officers, agents, or employees under the provisions of any indenture, in connection with the acquisition, construction, operation, maintenance, repair, reconstruction, or insurance of the facilities, or in connection with the collection, deposit, investment, application, and disbursement of the rates, rents, tolls, fees, charges, and other revenues derived from the operation and use of the facilities, or in connection with the deposit, investment, and disbursement of the proceeds received from the sale of bonds; or (2) by action or suit in a court of competent jurisdiction of any signatory party require the commission to account as if it were the trustee of an express trust, or enjoin any acts or things which may be unlawful or in violation of the rights of the holders of the bonds. The enumeration of such rights and remedies, however, does not exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds.

13.20. (a) The signatory parties shall provide such capital funds required for projects of the commission as may be authorized by their respective statutes in accordance with a cost–sharing plan prepared pursuant to Article 12 of this compact; but nothing in this section shall be deemed to impose any mandatory obligation on any of the signatory parties other than such obligations as may be assumed by a signatory party in connection with a specific project or facility.

(b) Bonds of the commission, notwithstanding any other provision of this compact, may be executed and delivered to any duly authorized agency of any of the signatory parties without public offering and may be sold and resold with or without the guaranty of such signatory party, subject to and in accordance with the constitutions of the respective signatory parties.

(c) The commission may receive and accept, and the signatory parties may make, loans, grants, appropriations, advances, and payments of reimbursable or nonreimbursable funds or property in any form for the capital or operating purposes of the commission.

Article 14

Plan, Program and Budgets

14.1. The commission shall develop and adopt, and may from time to time review and revise, a comprehensive plan for the immediate and long range development and use of the water resources of the basin. The plan shall include all public and private projects and facilities which are required, in the judgment of the commission, for the optimum planning, development, conservation, utilization, management, and control of the water resources of the basin to meet present and future needs. The commission may adopt a comprehensive plan or any revision thereof in such part or parts as it may deem appropriate, provided that before the adoption of the plan or any part or revision thereof the commission shall consult with water users and interested public bodies and public utilities and shall consider and give due regard to the findings and recommendations of the various agencies of the signatory parties, their political subdivisions, and interested groups. The commission shall conduct public hearings upon due notice given with respect to the comprehensive plan prior to the adoption of the plan or any part of the revision thereof, except that public and private projects and facilities which, in the judgment of the commission, are not required for the optimum planning, development, conservation, utilization, management, and control of the water resources of the basin and which, in the judgment of the commission, will not significantly affect the water resources of the basin, may be added directly to the comprehensive plan at any time at the discretion of the commission without public hearing thereon. The comprehensive plan shall take into consideration the effect of the plan or any part thereof upon the receiving waters of Chesapeake Bay.

14.2. The commission shall annually adopt a water resources program, based upon the comprehensive plan, consisting of the projects and facilities which the commission proposes to be undertaken by the commission and by other authorized governmental and private agencies, organizations, and persons during the ensuing six years or such other reasonably foreseeable period as the commission may determine. The water resources program shall include a systematic presentation of:

1. The quantity and quality of water resources needs for such period;

2. The existing and proposed projects and facilities required to satisfy such needs, including all public and private projects to be anticipated; and

3. A separate statement of the projects proposed to be undertaken by the commission during such period.

14.3. (a) The commission shall annually adopt a capital budget including all capital projects it proposes to undertake or continue during the budget period containing a statement of the estimated cost of each project and the method of financing thereof.

(b) The commission shall annually adopt a current expense budget for each fiscal year. Such budget shall include the commission’s estimated expenses for administration, operation, maintenance, and repairs, including a separate statement thereof for each project, together with its cost allocation. The total of such expenses shall be balanced by the commission’s estimated revenues from all sources, including the cost allocations undertaken by any of the signatory parties in connection with any project. Following the adoption of the annual current expense budget by the commission, the executive director of the commission shall:

1. Certify to the respective signatory parties the amounts due in accordance with existing cost sharing established for each project; and

2. Transmit certified copies of such budget to the principal budget officer of the respective signatory parties at such time and in such manner as may be required under their respective budgetary procedures. The amount required to balance the current expense budget in addition to the aggregate amount of item 1 above and all other revenues available to the commission shall be apportioned equitably among the signatory parties by unanimous vote of the commission, and the amount of such apportionment to each signatory party shall be certified together with the budget.

(c) The respective signatory parties covenant and agree to include the amounts so apportioned for the support of the current expense budget in their respective budgets next to be adopted, subject to such review and approval as may be required by their respective budgetary processes. Such amounts shall be due and payable to the commission in quarterly installments during its fiscal year, provided that the commission may draw upon its working capital to finance its current expense budget pending remittance by the signatory parties.

Article 15

General Provisions

15.1. (a) The commission, for the purposes of this compact, may:

1. Adopt and use a corporate seal, enter into contracts, and sue and be sued in any court of competent jurisdiction;

2. Receive and accept such payments, appropriations, grants, gifts, loans, advances, and other funds, properties, and services as may be transferred or made available to it by any signatory party or by any other public or private corporation or individual, and enter into agreements to make reimbursement for all or part thereof;

3. Provide for, acquire, and adopt detailed engineering, administrative, financial, and operating plans and specifications to effectuate, maintain, or develop any facility or project;

4. Control and regulate the use of facilities owned or operated by the commission;

5. Acquire, own, operate, maintain, control, sell and convey real and personal property and any interest therein by contract, purchase, lease, license, mortgage, or otherwise as it may deem necessary for any project or facility, including any and all appurtenances thereto necessary, useful, or convenient for such ownership, operation, control, maintenance, or conveyance;

6. Have and exercise all corporate powers essential to the declared objects and purposes of the commission.

(b) The commissioners, subject to the provisions of this compact, shall:

1. Serve as the governing body of the commission, and exercise and discharge its powers and duties, except as otherwise provided by or pursuant to this compact;

2. Determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid subject to any provisions of law specifically applicable to agencies or instrumentalities created by this compact;

3. Provide for the internal organization and administration of the commission;

4. Appoint the principal officers of the commission and delegate to and allocate among them administrative functions, powers and duties;

5. Create and abolish offices, employments, and positions as it deems necessary for the purposes of the commission, and subject to the provisions of this article, fix and provide for the qualification, appointments, removal, term, tenure, compensation, pension, and retirement rights of its officers and employees;

6. Let and execute contracts to carry out the powers of the commission.

15.2. The commission may:

1. Make and enforce rules and regulations for the effectuation, application, and enforcement of this compact; and it may adopt and enforce practices and schedules for or in connection with the use, maintenance, and administration of projects and facilities it may own or operate and any product or service rendered thereby; provided that any rule or regulation, other than one which deals solely with the internal management of the commission, shall not be effective unless and until filed in accordance with the law of the respective signatory parties applicable to administrative rules and regulations generally; and

2. Designate any officer, agent, or employee of the commission to be an investigator or watchman and such person shall be vested with the powers of a peace officer of the state in which he is duly assigned to perform his duties.

15.3. The commission, its property, functions, and activities shall be exempt from taxation by or under the authority of any of the signatory parties or any political subdivision thereof; provided that in lieu of property taxes the commission, as to its specific projects, shall make payments to local taxing districts in annual amounts which shall equal the taxes lawfully assessed upon property for the tax year next prior to its acquisition by the commission for a period of ten years. The nature and amount of such payments shall be reviewed by the commission at the end of ten years, and from time to time thereafter, upon reasonable notice and opportunity to be heard to the affected taxing district, and the payments may be thereupon terminated or continued in such reasonable amount as may be necessary or desirable to take into account hardships incurred and benefits received by the taxing jurisdiction which are attributable to the project.

15.4. (a) All meetings of the commission shall be open to the public.

(b) The commission shall conduct at least one public hearing in each state prior to the adoption of the initial comprehensive plan. In all other cases wherein this compact requires a public hearing, such hearing shall be held upon not less than twenty days’ public notice given by posting at the offices of the commission, and published at least once in a newspaper or newspapers of general circulation in the area or areas affected. The commission shall also provide forthwith for distribution of such notice to the press and by the mailing of a copy thereof to any person who shall request such notices.

(c) The minutes of the commission shall be a public record open to inspection at its offices during regular business hours.

15.5. (a) The officers of the commission shall consist of an executive director and such additional officers, deputies, and assistants as the commission may determine. The executive director shall be appointed and may be removed by the affirmative vote of a majority of the full membership of the commission. All other officers and employees shall be appointed or dismissed by the executive director under such rules of procedure as the commission may establish.

(b) In the appointment and promotion of officers and employees for the commission, no political, racial, religious, or residence test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be solely on the basis of merit and fitness. Any officer or employee of the commission who is found by the commission to be guilty of a violation of this section shall be immediately dismissed.

15.6. An oath of office in such form as the commission shall prescribe shall be taken, subscribed, and filed with the commission by the executive director and by each officer appointed by him not later than fifteen days after the appointment.

15.7. Each officer shall give such bond and in such form and amount as the commission may require, for which the commission shall pay the premium.

15.8. (a) No commissioner, officer or employee shall:

1. Be financially interested, either directly or indirectly, in any contract, sale, purchase, lease, or transfer of real or personal property to which the commission is a party;

2. Solicit or accept money or any other thing of value in addition to the compensation or expense paid him by the commission for services performed within the scope of his official duties;

3. Offer money or any thing of value for or in consideration of obtaining an appointment, promotion, or privilege in his employment with the commission.

(b) Any officer or employee who willfully violates any of the provisions of this section shall forfeit his office or employment.

(c) Any contract or agreement knowingly made in contravention of this section is void.

(d) Officers and employees of the commission shall be subject, in addition to the provisions of this section, to such criminal and civil sanctions for misconduct in office as may be imposed by federal law and the law of the signatory state in which such misconduct occurs.

15.9. Contracts for the construction, reconstruction or improvement of any facility when the expenditure required exceeds ten thousand dollars, and contracts for the purchase of services, supplies, equipment, and materials when the expenditure required exceeds five thousand dollars shall be advertised and let upon sealed bids to the lowest responsible bidder. Notice requesting such bids shall be published in a manner reasonably likely to attract prospective bidders, which publication shall be made at least thirty days before bids are received and in at least two newspapers of general circulation in the basin. The commission may reject any and all bids and readvertise in its discretion. If after rejecting bids the commission determines and resolves that in its opinion the supplies, equipment, and materials may be purchased at a lower price in the open market, the commission may give each responsible bidder an opportunity to negotiate a price and may proceed to purchase the supplies, equipment, and materials in the open market at a negotiated price which is lower than the lowest rejected bid of a responsible bidder, without further observance of the provisions requiring bids or notice. The commission shall adopt rules and regulations to provide for purchasing from the lowest responsible bidder when sealed bids, notice, and publication are not required by this section. The commission may suspend and waive the provisions of this section requiring competitive bids whenever:

1. The purchase is to be made from or the contract to be made with the federal or any state government or any agency or political subdivision thereof or pursuant to any open and bulk purchase contract of any of them;

2. The public exigency requires the immediate delivery of the articles or performance of the service;

3. Only one source of supply is available;

4. The equipment to be purchased is of a technical nature and the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts in the public interest; or

5. Services are to be provided of a specialized or professional nature.

15.10. The commission may self–insure or purchase insurance and pay the premiums therefor against loss or damage to any of its properties; against liability for injury to persons or property; and against loss of revenue from any cause whatsoever. Such insurance coverage shall be in such form and amount as the commission may determine, subject to the requirements of any agreement arising out of the issuance of bonds by the commission.

15.11. (a) As soon as practical after the closing of the fiscal year an audit shall be made of the financial accounts of the commission. The audit shall be made by qualified certified public accountants selected by the commission, who have no personal interest direct or indirect in the financial affairs of the commission or any of its officers or employees. The report of audit shall be prepared in accordance with accepted accounting practices and shall be filed with the chairman and such other officers as the commission shall direct. Copies of the report shall be distributed to each commissioner and shall be made available for public distribution.

(b) Each signatory party by its duly authorized officers shall be entitled to examine and audit at any time all of the books, documents, records, files, and accounts and all other papers, things, or property of the commission. The representatives of the signatory parties shall have access to all books, documents, records, accounts, reports, files, and all other papers, things, or property belonging to or in use by the commission and necessary to facilitate the audit and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians.

(c) The financial transactions of the commission shall be subject to audit by the General Accounting Office in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General of the United States. The audit shall be conducted at the place or places where the accounts of the commission are kept.

(d) Any officer or employee who shall refuse to give all required assistance and information to the accountants selected by the commission or to the authorized officers of any signatory party or who shall refuse to submit to them for examination such books, documents, records, files, accounts, papers, things, or property as may be requested shall forfeit his office.

15.12. The commission shall make and publish an annual report to the legislative bodies of the signatory parties and to the public reporting on its programs, operations, and finances. It may also prepare, publish, and distribute such other public reports and informational materials as it may deem necessary or desirable.

15.13. (a) Any or all of the signatory parties or any political subdivision thereof may:

1. Appropriate to the commission such funds as may be necessary to pay preliminary expenses such as the expenses incurred in the making of borings, and other studies of subsurface conditions, in the preparation of contracts for the sale of water and in the preparation of detailed plans and estimates required for the financing of a project;

2. Advance to the commission, either as grants or loans, such funds as may be necessary or convenient to finance the operation and management of or construction by the commission of any facility or project;

3. Make payments to the commission for benefits received or to be received from the operation of any of the projects or facilities of the commission.

(b) Any funds which may be loaned to the commission either by a signatory party or a political subdivision thereof shall be repaid by the commission through the issuance of bonds or out of other income of the commission, such repayment to be made within such period and upon such terms as may be agreed upon between the commission and the signatory party or political subdivision making the loan.

15.14. (a) The commission shall have the power to acquire by condemnation the fee or any lesser interest in lands, lands lying under water, development rights in land, riparian rights, water rights, waters and other real or personal property within the basin for any project or facility authorized pursuant to this compact. This grant of power of eminent domain includes but is not limited to the power to condemn for the purposes of this compact any property already devoted to a public use, by whomsoever owned or held, other than property of a signatory party. Any condemnation of any property or franchises owned or used by a municipal or privately owned public utility, unless the affected public utility facility is to be relocated or replaced, shall be subject to the authority of such state board, commission, or other body as may have regulatory jurisdiction over such public utility.

(b) The power of condemnation referred to in subsection (a) shall be exercised in accordance with the provisions of the state condemnation law in force in the signatory state in which the property is located. If there is no applicable state condemnation law, the power of condemnation shall be exercised in accordance with the provisions of federal condemnation law.

(c) Any award or compensation for the taking of property pursuant to this article shall be paid by the commission, and none of the signatory parties nor any other agency, instrumentality or political subdivision thereof shall be liable for such award or compensation.

15.15. (a) The respective officers, agencies, departments, commissions, or bodies having jurisdiction and control over real and personal property owned by the signatory parties are authorized and empowered to transfer and convey in accordance with the laws of the respective parties to the commission any such property as may be necessary or convenient to the effectuation of the authorized purposes of the commission.

(b) Each political subdivision of each of the signatory parties, notwithstanding any contrary provisions of law, is authorized and empowered to grant and convey to the commission, upon the commission’s request, any real property or any interest therein owned by such political subdivision including lands lying under water and lands already devoted to public use which may be necessary or convenient to the effectuation of the authorized purposes of the commission.

(c) Any highway, public utility, or other public facility which will be dislocated by reason of a project deemed necessary by the commission to effectuate the authorized purposes of this compact shall be relocated and the cost thereof shall be paid in accordance with the law of the state in which the facility is located; provided that the cost of such relocation payable by the commission shall not in any event exceed the expenditure required to serve the public convenience and necessity.

15.16. Permission is hereby granted to the commission to locate, construct, and maintain any aqueducts, lines, pipes, conduits, and auxiliary facilities authorized to be acquired, constructed, owned, operated, or maintained by the commission in, over, under, or across any streets and highways now or hereafter owned, opened, or dedicated to or for public use, subject to such reasonable conditions as the highway department of the signatory party may require.

15.17. Any person, association, or corporation who violates or attempts or conspires to violate any provisions of this compact or any rule, regulation, or order of the commission duly made, promulgated, or issued pursuant to the compact in addition to any other remedy, penalty, or consequence provided by law shall be punishable as may be provided by statute of any of the signatory parties within which the violation is committed; provided that in the absence of such provision any such person, association, or corporation shall be liable to a penalty of not less than $50 nor more than $1,000 for each such violation to be fixed by the court which the commission may recover in its own name in any court of competent jurisdiction, and in a summary proceeding where available under the practice and procedure of such court. For the purposes of this section in the event of a continuing offense each day of such violation, attempt or conspiracy shall constitute a separate offense.

15.18. The commission shall be responsible for claims arising out of the negligent acts or omissions of its officers, agents, and employees only to the extent and subject to the procedures prescribed by law generally with respect to officers, agents, and employees of the government of the United States.

15.19. Nothing contained in this compact shall be construed as affecting or intending to affect or in any way to interfere with the law of the respective signatory parties relating to riparian rights.

15.20. Amendments and supplements to this compact to implement the purposes thereof may be adopted by legislative action of any of the signatory parties concurred in by all of the others.

15.21. The provisions of this compact and of agreements thereunder shall be severable and if any phrase, clause, sentence, or provision of the Susquehanna River Basin Compact or such agreement is declared to be unconstitutional or the applicability thereof to any signatory party, agency, or person is held invalid, the constitutionality of the remainder of such compact or such agreement and the applicability thereof to any other signatory party, agency, person, or circumstance shall not be affected thereby. It is the legislative intent that the provisions of such compact be reasonably and liberally construed.

15.22. This compact shall become binding and effective thirty days after the enactment of concurring legislation by the federal government, the states of Maryland and New York, and the Commonwealth of Pennsylvania. The compact shall be signed and sealed in five identical original copies by the respective chief executives of the signatory parties. One such copy shall be filed with the secretary of state of each of the signatory parties or in accordance with the laws of the state in which the filing is made, and one copy shall be filed and retained in the archives of the commission upon its organization.
Md. Code, Natural Resources § 5-801 — MD Code / Article gnr / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

(a) The Governor, on behalf of the State, may execute a compact in substantially the following form, with one or more of the states of Delaware, New Jersey, Ohio, Pennsylvania, Virginia, and West Virginia. The General Assembly signifies in advance its approval and ratification of this compact:

Article I

The purpose of this compact is to promote effective prevention and control of forest fires in the Middle Atlantic region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, and by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other regional forest fire protection compacts or agreements.

Article II

This compact shall become operative immediately as to those states ratifying it whenever any two or more of the states of Delaware, Maryland, New Jersey, Ohio, Pennsylvania, and Virginia and West Virginia which are contiguous have ratified it and Congress has given consent thereto.

Article III

In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement cooperation between such states in forest fire prevention and control.

The compact administrators of the member state shall organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.

The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states.

It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.

Article IV

Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

Article V

Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the powers of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request; provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving member state without charge or cost.

Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

For the purposes of this compact the term “employee” shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof.

The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.

Article VI

Nothing in this compact shall be construed to authorize or permit any member state to curtail or diminish its forest fire fighting forces, equipment, services or facilities, and it shall be the duty and responsibility of each member state to maintain adequate forest fire fighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative.

Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.

Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between the United States Forest Service and a member state or states.

Article VII

The compact administrators may request the United States Forest Service to act as the primary research and coordinating agency of the Middle Atlantic Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each state, and the United States Forest Service may accept the initial responsibility in preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of the United States Forest Service may attend meetings of the compact administrators.

Article VIII

The provisions of Article IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region; provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.

Article IX

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the Governor of such state takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.

(b) When the Governor has executed the compact on behalf of the State and caused a verified copy to be filed with the Secretary of State, and when it has been ratified by one or more of the states named in subsection (a) of this section, then the compact becomes operative and effective as between this State and the other state. The Governor may take the necessary action to complete the exchange of official documents between this State and any other state which ratifies the compact.

(c) The Secretary, or someone designated by him, shall act as compact administrator for the State and perform the functions required under subsection (a) of this section.

(d) The Department shall take the necessary action to integrate the State forest fire plan with the regional forest fire plan formulated by the compact administrators, and adjust and expand the plan as necessary to comply with subsection (a) of this section.
Md. Code, Insurance § 5-308 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, this section applies to all annuity contracts and pure endowment contracts.

(2) This section does not apply to:

(i) group annuity contracts or pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, an employee organization, or both, unless the plan provides individual retirement accounts or individual retirement annuities under § 408 of the Internal Revenue Code; or

(ii) any disability and accidental death benefits and benefits for long-term home health care and long-term care in a nursing home or other related institution included in an annuity contract or pure endowment contract.

(b) (1) (i) For benefits under an annuity contract or pure endowment contract to which this section applies, the reserve according to the Commissioners annuity reserve method shall be the greatest of the amounts determined for each respective contract year under subparagraph (ii) of this paragraph.

(ii) For each contract year, there shall be determined the amount by which the present value, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, under the contract at the end of the contract year exceeds the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations that are required by the terms of the contract and become payable prior to the end of the contract year.

(2) For purposes of this subsection:

(i) the future guaranteed benefits shall be determined by using the mortality table, if any, and interest rate specified in the contract for determining guaranteed benefits; and

(ii) the valuation considerations are the portions of the respective gross considerations applied under the terms of the contract to determine nonforfeiture values.
Md. Code, Natural Resources § 5-103 — MD Code / Article gnr / Title 5 / Subtitle 1 / Section 5-103
§5–103.
Status: in_force

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

(2) “Construction activity” means work by a constructing agency related to:

(i) Construction of or improvements to a highway; or

(ii) Off–site environmental mitigation related to highway construction.

(3) “Constructing agency” means:

(i) A unit of State or local government; or

(ii) Any other person who uses State funding and performs any construction activity with the State funding.

(4) (i) “Forest” means a biological community dominated by trees or other woody plants covering a land area of 1 acre or more.

(ii) “Forest” includes an area that has been cut but not cleared of trees or other woody plants.

(5) “Forest mitigation banking” means the intentional restoration or creation of forests undertaken expressly for the purpose of providing credits for reforestation requirements with enhanced environmental benefits from future activities.

(6) “Watershed” means all lands lying within an area described as a subbasin in water quality regulations adopted by the Department of the Environment.

(b) To accomplish a construction activity involving land clearing, a unit of State or local government or any other person using State funding for the construction project:

(1) May cut or clear only the minimum number of trees and other woody plants that are necessary and consistent with sound design practices; and

(2) Shall make every reasonable effort to minimize the cutting or clearing of trees and other woody plants.

(c) (1) If the total area of forest cut or cleared in connection with a construction activity by a unit of State or local government or any other person using State funding for the construction project equals 1 acre or more, the constructing agency shall locate an equivalent area of State–owned or other publicly owned land to be reforested by the Department at a rate of 10 cents per square foot of the area of required planting.

(2) (i) Except as provided in subparagraph (ii) or (iii) of this paragraph, the reforestation projects shall be established on any public land within the county and watershed in which construction activity by a unit of State or local government has caused a loss of trees where the public entity that owns the land agrees to that use of the land.

(ii) If the reforestation project cannot be reasonably accomplished in the county and watershed in which the construction activity is located, then the reforestation shall occur in the county or watershed in the State in which the construction activity is located, or shall be accomplished by use of credits in a forest mitigation bank in the county and watershed in which the construction activity is located.

(iii) If the reforestation project cannot be reasonably accomplished in the county or watershed in which the construction activity is located, or by use of credits in the county and watershed in which the construction activity is located, then reforestation may occur by the use of credits in a forest mitigation bank in the county or watershed in which the construction activity is located.

(3) The constructing agency shall reimburse the Department for the reforestation activities at an appropriate rate of 10 cents per square foot of the area of required planting.

(4) Any land for a reforestation project shall be:

(i) If possible, on the site or in the project right–of–way being used for the construction activity;

(ii) If sufficient area is not available at the site or within the project right–of–way, on State–owned or other publicly owned land in the county and watershed in which the construction activity is located;

(iii) If the reforestation project cannot be reasonably accomplished in the county and watershed in which the construction activity is located, on State–owned or other publicly owned land in the county or watershed in the State in which the construction activity is located; or

(iv) If the reforestation project cannot be reasonably accomplished on State–owned or other publicly owned land in the county or watershed in the State in which the construction activity is located, accomplished through use of forest mitigation bank credits in the watershed in which the construction activity is located.

(d) If the constructing agency is unable to locate a sufficient amount of State or other publicly owned land or available forest mitigation bank credits to comply with the requirements of subsection (c) of this section, the constructing agency shall contribute money, at the rate of 10 cents per square foot of the area of required planting, to the Reforestation Fund established under subsection (e) of this section.

(e) (1) In this subsection, “Fund” means the Reforestation Fund.

(2) There is a Reforestation Fund in the Department.

(3) The purpose of the Fund is to:

(i) Finance the planting of trees on:

1. Land located in the county and watershed in which construction projects giving rise to Fund contributions are located; and

2. Private property on which trees were destroyed by a treatment to destroy plant pests that was applied by the Department of Agriculture; and

(ii) Finance the prevention of and response to forest health emergencies.

(4) The Department shall administer the Fund.

(5) (i) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(ii) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

(6) The Fund consists of any money received from contributions by a constructing agency under subsection (d) of this section.

(7) (i) Subject to subparagraph (ii) of this paragraph, the Fund may be used only to:

1. Plant trees on land located in the county and watershed in which construction projects giving rise to Fund contributions are located;

2. If reforestation cannot be reasonably accomplished in the county and watershed in which the construction activity is located:

A. Plant trees on State or other publicly owned lands located in the county or in the watershed in the State in which the construction activity is located; or

B. Purchase credits in, establish, or maintain a forest mitigation bank in the county or watershed in which the construction activity is located in accordance with Department regulations;

3. Replace trees, except nursery stock that has not been replanted, that were destroyed by the application of a treatment applied to destroy plant pests under a quarantine imposed by the Secretary of Agriculture, whether or not the quarantine is in effect in the county or watershed where the construction activity occurred; or

4. Finance the prevention of and response to forest health emergencies by:

A. Maintaining the health and vitality of forest land and urban tree canopy; and

B. Preventing or controlling significant forest land and urban tree canopy degradation caused by acts of nature.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.

2. The Fund may not be used to finance administrative activities associated with a mitigation bank.

3. Any credits created by the Fund may not be sold to compensate for additional forest impacts.

(iii) 1. The Department shall accomplish the reforestation for which money is deposited in the Fund within 2 years or three growing seasons after project completion, as appropriate.

2. Money deposited in the Fund under subsection (d) of this section shall remain in the Fund for a period of 2 years or three growing seasons, and at the end of that time period, any portion that is not used to meet the reforestation requirements shall be returned to the constructing agency.

(8) (i) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(ii) Any investment earnings of the Fund shall be credited to the General Fund of the State.

(9) Expenditures from the Fund may be made only in accordance with the State budget.

(f) (1) Any unit of State or local government that engages in construction activities involving land clearing on forest lands shall consult with the Department to assure compliance with this section:

(i) Before cutting in or clearing a forest; and

(ii) Before locating a reforestation area in accordance with this section.

(2) The provisions of this subsection shall also apply to any construction activity by any other person who uses State funding for that activity.

(g) The provisions of this section do not apply to any agricultural practice implemented under a soil and water conservation plan.

(h) On or before September 30 of each year, the Department or local authority shall submit to the Senate Education, Health, and Environmental Affairs Committee and the House Environmental Matters Committee a report on:

(1) The number and location of each construction activity subject to the requirements of this section;

(2) The amount and location of acres cleared, conserved, and planted in connection with the activity; and

(3) The amount of reforestation fees collected and expended.

(i) Forest mitigation banking under this section shall be conducted in accordance with standards adopted under Subtitle 16 of this title.

(j) The Department may adopt regulations to implement this section.
Md. Code, General Provisions § 5-504 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) (1) This subsection does not apply to members of the General Assembly.

(2) Except as provided in paragraph (3) of this subsection, an official or employee may not, for contingent compensation, assist or represent a party in any matter before or involving any unit of the State or a political subdivision of the State.

(3) Paragraph (2) of this subsection does not apply to assistance to or representation of a party:

(i) in a judicial or quasi–judicial proceeding, including a proceeding before an administrative law judge in the Office of Administrative Hearings, or a matter preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding; or

(ii) in a matter before or involving the Workers’ Compensation Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries Compensation Board.

(b) (1) Except as provided in paragraph (2) of this subsection, a member of the General Assembly may not, for compensation, assist or represent a party in any matter before or involving any unit of the State or a political subdivision of the State.

(2) Paragraph (1) of this subsection does not apply to assistance to or representation of a party:

(i) in matters relating to the performance of ministerial acts by a governmental unit;

(ii) in matters involving the member’s regular business, employment, or profession, in which contact with a governmental unit:

1. is an incidental part of the business, employment, or profession;

2. is made in the manner that is customary for persons in that business, employment, or profession; and

3. is not for contingent compensation;

(iii) in a judicial or quasi–judicial proceeding, including a proceeding before an administrative law judge in the Office of Administrative Hearings, or a matter preliminary, incidental, or collateral to a judicial or quasi–judicial proceeding;

(iv) in a matter before or involving the Workers’ Compensation Commission, the Maryland Automobile Insurance Fund, or the Criminal Injuries Compensation Board; or

(v) in a matter in which the assistance or representation, other than for contingent compensation, was commenced by the member of the General Assembly before:

1. the member filed a certificate of candidacy for election to the General Assembly at a time when the member was not an incumbent; or

2. if the member was appointed to fill a vacancy, the date of appointment.

(c) (1) A member of the General Assembly may not assist or represent a person, including himself or herself, for compensation before a State or local governmental agency in any matter involving:

(i) procurement; or

(ii) the adoption of regulations.

(2) Paragraph (1) of this subsection does not apply to an administrative proceeding conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(d) (1) Except for a former member of the General Assembly, who shall be subject to the restrictions provided under paragraph (2) of this subsection, a former official or employee may not assist or represent a party, other than the State, in a case, a contract, or any other specific matter for compensation if:

(i) the matter involves State government; and

(ii) the former official or employee participated significantly in the matter as an official or employee.

(2) (i) In this paragraph, “legislative action” does not include testimony or other advocacy in an official capacity as a member of the General Assembly before a unit of State or local government.

(ii) Except as provided in subparagraph (iii) of this paragraph:

1. a former member of the General Assembly may not assist or represent another party for compensation in a matter that is the subject of legislative action for 1 year from the date the member leaves office; and

2. a former Governor, Lieutenant Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal department of the Executive Branch may not assist or represent another party for compensation in a matter that is the subject of legislative action for 1 year from the date the official leaves State office.

(iii) The limitation under subparagraph (ii) of this paragraph on representation by a former member of the General Assembly, Governor, Lieutenant Governor, Attorney General, Comptroller, State Treasurer, or secretary of a principal department of the Executive Branch does not apply to representation of a municipal corporation, county, or State governmental entity.

(e) Notwithstanding subsection (a)(3) of this section or § 5–502 of this subtitle, a full–time official or employee in the Judicial Branch may not represent a party before a court or unit of the Judicial Branch except in the discharge of official duties.
Md. Code, Economic Development § 5-457 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-457
§5–457.
Status: in_force

In determining whether to accept a linked deposit loan package, the Authority shall confirm the eligibility of the applicant and consider:

(1) the number and kinds of jobs to be created or retained as a result of providing the linked deposit;

(2) the amount of the loan;

(3) the amount of money in the Fund and the amount committed to linked deposits;

(4) whether the availability of linked deposit financing is essential for the economic feasibility of the acquisition;

(5) the economic needs of the area in which the eligible business is located;

(6) the financial feasibility of the loan; and

(7) other factors that the Authority considers relevant.
Md. Code, Courts and Judicial Proceedings § 5-1101 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1101
§5–1101.
Status: in_force

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

(b) “Discounted present value” means the fair present value of future payments, as determined by discounting payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service.

(c) “Gift” means a transfer to a payee of anything of economic value, regardless of form, as an inducement to enter into a transfer agreement or pursue a transfer, except:

(1) The actual cost, not to exceed $100, of the payee’s transportation to a hearing concerning a petition filed under § 5–1102 of this subtitle; and

(2) The costs of postage, overnight delivery services, document retrieval fees, and notary services associated with the filing of a petition under § 5–1102 of this subtitle.

(d) “Independent professional advice” means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser:

(1) Who is engaged by a payee to render advice concerning whether a proposed transfer of structured settlement payment rights would be in the best interest of the payee, taking into account the welfare and support of the payee’s dependents;

(2) Who is not affiliated with or compensated by the transferee of the transfer; and

(3) Whose compensation is not affected by whether a transfer occurs.

(e) “Interested parties” means the payee, each beneficiary designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under a structured settlement.

(f) “Payee” means an individual who receives damage payments that are not subject to income taxation under a structured settlement and proposes to make a transfer of payment rights.

(g) “Registrant” means a person registered with the Attorney General under this subtitle.

(h) “Responsible administrative authority” means a government authority vested with exclusive jurisdiction over the settled claim resolved by a structured settlement.

(i) (1) “Structured settlement” means an arrangement for periodic payment of damages for personal injury established by a settlement or judgment in resolution of a tort claim.

(2) “Structured settlement” does not include an arrangement for periodic payment of damages for personal injury established by a judgment by confession.

(j) “Structured settlement agreement” means an agreement, judgment, stipulation, or release embodying the terms of a structured settlement.

(k) “Structured settlement obligor” means a party who has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement.

(l) “Structured settlement payment rights” means the rights to receive periodic payments, including lump–sum payments under a structured settlement, whether from the settlement obligor or the annuity issuer, if:

(1) The payee resides in this State;

(2) The structured settlement agreement was approved by a court or responsible administrative authority in this State, and the payee does not reside in another state or jurisdiction that has enacted a statute providing for entry of a qualified order as defined in 26 U.S.C. § 5891(b)(2); or

(3) The settled claim was pending before a court of this State when the parties entered into the structured settlement agreement, and the payee does not reside in another state or jurisdiction that has enacted a statute providing for entry of a qualified order as defined in 26 U.S.C. § 5891(b)(2).

(m) “Terms of the structured settlement” includes the terms of the structured settlement agreement, the annuity contract, a qualified assignment, and an order or approval of a court or responsible administrative authority authorizing or approving a structured settlement.

(n) “Transfer” means a sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made by a payee for consideration.

(o) “Transfer agreement” means the agreement providing for the transfer of structured settlement payment rights from a payee to a transferee.

(p) “Transferee” means a person acquiring or proposing to acquire structured settlement payment rights through a transfer.
Md. Code, Insurance § 5-707 — MD Code / Article gin / Title 5 / Subtitle 7 / Section 5-707
§5–707.
Status: in_force

While an insurer is solvent and complies with this article, the insurer may:

(1) demand, receive, sue for, and recover the income from the cash and government securities deposited by the insurer under this subtitle;

(2) substitute for any of the deposited cash or government securities, cash or government securities eligible for deposit under § 5-701(b) of this subtitle of equivalent or greater value; and

(3) inspect, at reasonable times, any deposit made by the insurer under this subtitle.
Md. Code, Business Regulation § 5-403 — MD Code / Article gbr / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

To qualify for a permit, a corporation, limited liability company, or partnership shall:

(1) designate a separate registered cemeterian, registered crematory operator, registered reduction operator, or registered seller as the responsible party for the operations of each affiliated cemetery, crematory, reduction facility, or burial goods business;

(2) provide the name and business address of each affiliated cemetery, crematory, reduction facility, or burial goods business;

(3) provide a list of the officers, directors, members, partners, agents, and employees of the entity applying for the permit; and

(4) comply with §§ 5–303(b)(4) and 5–304 of this title.
Md. Code, Natural Resources § 5-2101 — MD Code / Article gnr / Title 5 / Subtitle 21 / Section 5-2101
§5–2101.
Status: in_force

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

(b) “Healthy soils” has the meaning stated in § 2–1901 of the Agriculture Article.

(c) “Regenerative practices and traditions” has the meaning stated in § 2–1901 of the Agriculture Article.
Md. Code, Criminal Law § 5-102 — MD Code / Article gcr / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) The General Assembly finds that:

(1) many of the substances listed in this title have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the people of the State; but

(2) the illegal manufacture, distribution, possession, and administration of controlled dangerous substances have a substantial and detrimental effect on the health and general welfare of the people of the State.

(b) (1) The purpose of this title is to establish a uniform law to control the manufacture, distribution, possession, and administration of controlled dangerous substances and related paraphernalia to:

(i) ensure their availability for legitimate medical and scientific purposes; but

(ii) prevent their abuse, which results in a serious health problem to the individual and represents a serious danger to the welfare of the people of the State.

(2) This title shall be liberally construed to accomplish this purpose.
Md. Code, Education § 5-401 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(b) “Board” means the Accountability and Implementation Board.

(c) (1) “Blueprint for Maryland’s Future” means the plan recommended by the Commission on Innovation and Excellence in Education and enacted by Chapter 361 of the Acts of the General Assembly of 2018, Chapter 771 of the Acts of the General Assembly of 2019, and Chapter 36 of the Acts of the General Assembly of 2021.

(2) “Blueprint for Maryland’s Future” includes, unless the context provides otherwise, the recommendations made by the Commission on Innovation and Excellence in Education.

(d) “Commission” means the Commission on Innovation and Excellence in Education.

(e) “Comprehensive Implementation Plan” means the plan adopted by the Board under § 5–404 of this subtitle.

(f) “Nominating Committee” means the Accountability and Implementation Board Nominating Committee.
Md. Code, State Finance and Procurement § 5A-305 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-305
§5A–305.
Status: in_force

(a) (1) To preserve the architectural and scenic integrity and beauty of the State House and other nearby real properties owned or used by the State or a State unit, the Board of Public Works may acquire architectural easements in the following areas in the City of Annapolis:

(i) around State Circle;

(ii) on School Street opposite the Executive Mansion; and

(iii) on the easterly side of North Street, between State Circle and College Avenue.

(2) The areas listed in paragraph (1) of this subsection include:

(i) the bed of the street and outer sidewalk areas to the building line on the outer perimeter; and

(ii) an area extending outward 50 feet from that building line.

(b) The Board of Public Works may acquire architectural easements by purchase, gift, exchange, or condemnation under Title 12 of the Real Property Article, with any available money.

(c) The Board of Public Works may:

(1) agree or contract with the owner or user of real property in the specified area to prohibit the owner or user from making any structural or other physical change in the property that the Board of Public Works determines would harm the architectural and scenic integrity and beauty of the property and the specified area; and

(2) give the owner or user cash or other consideration, including a promise not to acquire an architectural easement by condemnation over part or all of the property while the owner or user complies with the agreement or contract.
Md. Code, Business Regulation § 5-204.1 — MD Code / Article gbr / Title 5 / Subtitle 2 / Section 5-204.1
§5–204.
Status: in_force

§5–204.1.

The Advisory Council shall respond to issues raised by the Director in the annual report required under § 5–204 of this subtitle and § 5–311 of this title and develop a plan to study ongoing issues during the year following the issuance of the report.
Md. Code, Courts and Judicial Proceedings § 5-716 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-716
§5–716.
Status: in_force

(a) In this section, “Board” means the State Board of Podiatric Medical Examiners.

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Labor and Employment § 5-206 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) In this section, “Unit” means the Public Employees’ Safety and Health Unit.

(b) There is a Public Employees’ Safety and Health Unit in the Division of Labor and Industry.

(c) The Commissioner shall be the head of the Unit.

(d) The Commissioner shall provide for and maintain a comprehensive and effective program on occupational safety and health for employees of public bodies that is administered and enforced by the Unit.

(e) The program under this section shall:

(1) be generally consistent with this title;

(2) require each public body to:

(i) provide conditions and places of employment that are safe and healthful;

(ii) develop, conduct, and maintain in each unit of the public body a program of self–inspection that the Commissioner approves and monitors;

(iii) keep and make available to the Commissioner each record that the Commissioner requires under this title and for development of information about occupational accidents, illnesses, and injuries, to allow proper evaluation and necessary corrective action; and

(iv) submit each report that the Commissioner requires; and

(3) in addition to a self–inspection required under item (2)(ii) of this subsection, include an inspection program developed, conducted, and maintained by the Unit that otherwise complies with the inspection requirements of § 5–208 of this subtitle.

(f) (1) Subject to paragraph (2) of this subsection, on or before July 1 each year the Commissioner shall publish online a written report on safety and health in public bodies.

(2) The report under paragraph (1) of this subsection shall include:

(i) a summary of the work and findings of the Unit;

(ii) a summary of any new regulations adopted during the immediately preceding year;

(iii) a summary of trending safety and health issues related to employees of public bodies; and

(iv) a list of any:

1. hazardous workplace circumstances found at the workplaces of public bodies during the immediately preceding year; and

2. citations issued to public bodies during the immediately preceding year.

(3) On or before July 1 each year, the Commissioner shall submit the report required to be published under paragraph (1) of this subsection to the General Assembly, in accordance with § 2–1257 of the State Government Article.

(g) This section does not limit or preclude the Commissioner or an authorized representative of the Commissioner from inspecting a public body in accordance with any other provision under this title.
Md. Code, Labor and Employment § 5-322 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-322
§5–322.
Status: in_force

(a) The Commissioner shall hold a hearing on an application for a temporary variance on request of:

(1) the applicant; or

(2) an employee whom the temporary variance would affect.

(b) (1) The Commissioner:

(i) shall hold a hearing on each application for a permanent variance; and

(ii) if appropriate, shall conduct an inspection.

(2) The Commissioner shall give employees whom the permanent variance would affect an opportunity to participate in the hearing.
Md. Code, Family Law § 5-527 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-527
§5–527.
Status: in_force

(a) The Department shall adopt rules and regulations that establish eligibility guidelines for payment for foster care for 1 or more classes of children, including children who are in need of special care.

(b) (1) For a child who does not need special care, the Department shall pay for foster care in a single family home at a monthly rate that is not less than 55% of the monthly rate provided in subsection (c) of this section for a child who requires the most demanding special care in a single family home.

(2) The monthly rate shall include increments based on the age of the child.

(c) The Department shall pay for foster care for a child who needs the most demanding special care in a single family home at a monthly rate that is not less than the higher of:

(1) the rate that the Department paid in fiscal year 1975; and

(2) the rate that the Department of Juvenile Services pays for the current fiscal year.
Md. Code, General Provisions § 5-408 — MD Code / Article ggp / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) If the Ethics Commission, while considering a complaint, finds that there are reasonable grounds to believe that the respondent may have committed a criminal offense, the Ethics Commission promptly shall refer the matter to an appropriate prosecuting authority.

(b) The Ethics Commission shall make available to the prosecuting authority all pertinent evidence under the Ethics Commission’s control.
Md. Code, Financial Institutions § 5-613 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-613
§5–613.
Status: in_force

With the consent of the local governing body of any political subdivision that has money deposited with a banking institution, its treasurer or similar fiscal officer may:

(1) Consent to a plan of reorganization proposed under this subtitle; and

(2) Bind the political subdivision to limit withdrawals from the institution as provided in the plan.
Md. Code, Environment § 5-403 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) (1) The Authority consists of 10 members.

(2) The Secretary, the Secretary of Planning, and the General Manager of the Washington Suburban Sanitary District are ex officio, nonvoting members. These ex officio members may designate alternates from among the senior employees to represent them at meetings of the Authority when they are unable to attend.

(3) The governing body of each represented county shall appoint 1 of its members to serve as a member and 1 to serve as an alternate on the Authority at the pleasure of the governing body. Each member is a voting member except the member of the governing body of Garrett County, who is a nonvoting member until that county is assessed for payments to the Authority under the provisions of § 5–408 of this subtitle.

(4) The Governor shall appoint 1 voting member to serve at the Governor’s pleasure and be chairman of the Authority.

(b) A member serves without compensation but shall be reimbursed for necessary travel expenses and disbursements incurred performing the member’s official duties.
Md. Code, Agriculture § 5-313 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

Any person who violates any provision of this subtitle is subject to the penalties and fines set forth in Title 12 of this article.
Md. Code, Family Law § 5-350 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-350
§5–350.
Status: in_force

(a) A juvenile court may enter an order for a child’s adoption under this Part IV of this subtitle only if:

(1) for an individual under the age of 18 years, the individual’s guardian consents; and

(2) for an individual who is at least 10 years old, the individual consents.

(b) (1) (i) In this subsection, “disability” means:

1. a physical or mental impairment that substantially limits one or more of an individual’s major life activities;

2. a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or

3. being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.

(ii) “Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325.

(2) A guardian may not withhold consent for the sole reason that:

(i) the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent; or

(ii) a prospective adoptive parent has a disability.
Md. Code, State Finance and Procurement § 5-507 — MD Code / Article gsf / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

Upon request of the General Assembly, the Department shall provide information to and cooperate with the General Assembly and its committees in connection with the studies made by the Department relevant to State planning.
Md. Code, Insurance § 5-908 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-908
§5–908.
Status: in_force

(a) In order to be eligible for certification in accordance with § 5–904(f) of this subtitle, the assuming insurer shall:

(1) be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined under § 5–909 of this subtitle;

(2) maintain minimum capital and surplus, or its equivalent, in an amount the Commissioner determines in accordance with regulations the Commissioner adopts;

(3) maintain financial strength ratings from two or more rating agencies that the Commissioner considers acceptable in accordance with regulations the Commissioner adopts;

(4) agree to submit to the jurisdiction of this State;

(5) appoint the Commissioner as its agent for service of process in this State;

(6) agree to provide security for all of the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers if it resists enforcement of a final United States judgment;

(7) agree to meet applicable information filing requirements as the Commissioner determines both for the initial application for certification and on an ongoing basis; and

(8) satisfy any other requirements for certification that the Commissioner considers relevant.

(b) (1) A group, including incorporated and individual unincorporated underwriters, may be a certified reinsurer if the group, including incorporated and individual unincorporated underwriters, meets all the requirements of this section.

(2) The group shall satisfy its minimum capital and surplus equivalents, net of liabilities, of the group and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the group or any of its members, in an amount that the Commissioner determines will provide adequate protection.

(3) The incorporated members of the group may not be engaged in any business other than underwriting as a member of the group.

(4) The incorporated members of the group shall be subject to the same level of regulation and solvency control by the group’s domiciliary regulator as are the unincorporated members.

(5) Within 90 days after its financial statements are due to be filed with the group’s domiciliary regulator, the group shall provide to the Commissioner:

(i) an annual certification by the group’s domiciliary regulator of the solvency of each underwriter member; or

(ii) if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the group.
Md. Code, Financial Institutions § 5-506 — MD Code / Article gfi / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

Before a banking institution makes an unsecured loan of $10,000 or more to any person, the banking institution shall obtain sufficient financial information from the person to support the loan.
Md. Code, Economic Development § 5-107 — MD Code / Article gec / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: in_force

The Department may take all reasonable actions to protect the interests of the Department in its investments, collateral, loans, grants, and other property or interests relating to financing transactions, including expending funds from its general and special funds to acquire, dispose of, operate, protect, enhance, or maintain collateral or liens.
Md. Code, Corporations and Associations § 5-632 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-632
§5–632.
Status: in_force

(a) A cooperative that has begun doing business may be dissolved as provided in this section.

(b) (1) Except as provided in paragraph (2) of this subsection, a proposed dissolution shall be approved by the affirmative vote of not less than two–thirds of the members voting on the matter at an annual or special meeting of the members.

(2) A proposed dissolution of a member–regulated cooperative shall be approved by the affirmative vote of a majority of the members voting at a meeting at which at least 15% of the members vote.

(c) (1) On approval of the proposed dissolution by the members of the cooperative as provided in subsection (b) of this section:

(i) A certificate of election to dissolve shall be signed and acknowledged for the cooperative by its chairman or vice-chairman and attested by its secretary; and

(ii) The seal of the cooperative shall be affixed to the certificate.

(2) The certificate shall state:

(i) The name of the cooperative and the address of its principal office; and

(ii) That the members of the cooperative have approved the dissolution in accordance with subsection (b) of this section.

(3) The chairman or vice-chairman who signs the certificate for the cooperative shall make and attach to the certificate an affidavit stating that the statements made in the certificate are true.

(4) The certificate and affidavit shall be filed for record with the Department.

(d) (1) (i) On the Department’s acceptance for record of the certificate of election to dissolve and affidavit, the cooperative shall cease doing business except to the extent necessary to wind up its business and affairs.

(ii) The corporate existence of the cooperative shall continue until articles of dissolution have been accepted for record by the Department.

(2) The board of directors immediately shall cause notice of the dissolution proceedings to be:

(i) Mailed to each known creditor of and claimant against the cooperative; and

(ii) Published once a week for 2 successive weeks in a newspaper of general circulation published in the county in which the principal office of the cooperative is located.

(3) The board shall collect money owing to the cooperative, liquidate its assets, discharge its debts, obligations, and liabilities, and do all other acts required to wind up the business and affairs of the cooperative.

(4) (i) After discharging, or adequately providing for the discharge of, all of the debts, obligations, and liabilities of the cooperative, the board shall distribute any remaining money among the current and former members of the cooperative.

(ii) The money shall be distributed in proportion to the patronage of each current or former member:

1. During the 7-year period immediately preceding the date on which the certificate of election to dissolve is accepted for record by the Department; or

2. If the cooperative has been in existence for less than 7 years, during the period of its existence.

(e) (1) After winding up the business and affairs of the cooperative as provided in subsection (d) of this section, the board of directors shall authorize the execution of articles of dissolution.

(2) The articles of dissolution shall be signed and acknowledged for the cooperative by its chairman or vice-chairman and attested by its secretary, and the seal of the cooperative shall be affixed to the articles.

(f) The articles of dissolution shall state:

(1) The name of the cooperative and the address of its principal office;

(2) The date on which the certificate of election to dissolve was accepted for record by the Department;

(3) That there are no actions pending against the cooperative;

(4) That all debts, obligations, and liabilities of the cooperative have been discharged, or that adequate provision has been made for their discharge;

(5) That the articles are executed in accordance with this subtitle; and

(6) That the provisions of this section have been complied with.

(g) The chairman or vice-chairman who signs the articles of dissolution for the cooperative shall make and attach to the articles an affidavit stating that the statements made in the articles are true.
Md. Code, General Provisions § 5-301 — MD Code / Article ggp / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) (1) Subject to subsection (b) of this section, on written request of an entity subject to this title, the appropriate advisory body shall issue an advisory opinion regarding the application of this title.

(2) On written request of any other entity, the appropriate advisory body may issue an advisory opinion.

(b) (1) The appropriate advisory body may issue informal advice instead of an advisory opinion.

(2) Except as provided in §§ 5–501.1 and 5–502(f) of this title, information related to informal advice provided under this subsection shall remain confidential and is not subject to the requirements of § 5–303 of this subtitle.
Md. Code, Insurance § 5-316 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-316
§5–316.
Status: in_force

(a) In this section, “confidential information” means:

(1) a memorandum in support of an opinion submitted under § 5–201.1 of this title and any documents, materials, and other information, including all working papers and copies of all working papers, created, produced, or obtained by or disclosed to the Commissioner or any other person in connection with the memorandum;

(2) any documents, materials, and other information, including all working papers and copies of all working papers, created, produced, or obtained by or disclosed to the Commissioner or any other person in the course of an examination made under § 5–313(f) of this subtitle;

(3) (i) any reports, documents, materials, and other information developed by a company in support of, or in connection with, an annual certification by the company under § 5–314(b)(1)(ii) of this subtitle evaluating the effectiveness of the company’s internal controls with respect to a principle–based valuation; and

(ii) any documents, materials, and other information, including all working papers and copies of all working papers, created, produced, or obtained by or disclosed to the Commissioner or any other person in connection with the reports, documents, materials, and information specified in item (i) of this item;

(4) a principle–based valuation report developed under § 5–314(b)(1)(iii) of this subtitle and any documents, materials, and other information, including all working papers and copies of all working papers, created, produced, or obtained by or disclosed to the Commissioner or any other person in connection with the principle–based valuation report; and

(5) (i) any documents, materials, data, and other information submitted to the Commissioner or any other person by a company under § 5–315 of this subtitle;

(ii) any documents, materials, data, and other information, including all working papers and copies of all working papers, created or produced in connection with the documents, materials, data, and information specified in item (i) of this item that include any potentially company–identifying or personally identifiable information, that is provided to or obtained by the Commissioner or any other person; and

(iii) any documents, materials, data, and other information, including all working papers and copies of all working papers, created, produced, or obtained by or disclosed to the Commissioner or any other person in connection with the documents, materials, data, and other information specified in items (i) and (ii) of this item.

(b) Except as otherwise provided in this section, a company’s confidential information:

(1) is confidential and privileged;

(2) is not subject to Title 4 of the General Provisions Article; and

(3) is not subject to subpoena or discovery or admissible in evidence in any private civil action.

(c) (1) The Commissioner, and any person who receives confidential information while acting under the authority of the Commissioner, may not testify or be required to testify in any private civil action concerning any confidential information.

(2) The Commissioner may use confidential information of a company in any regulatory or legal action brought against the company as a part of the Commissioner’s official duties.

(d) If an examination report or material prepared in connection with an examination made under Title 2, Subtitle 2 of this article is not private and confidential information under Title 2, Subtitle 2 of this article, an examination report or other material prepared in connection with an examination made under § 5–313(f) of this subtitle is not “confidential information” to the same extent as if the examination report or other material had been prepared under Title 2, Subtitle 2 of this article.

(e) (1) Subject to paragraph (2) of this subsection, to assist in the performance of the Commissioner’s duties, the Commissioner may share confidential information specified in:

(i) subsection (a)(1) through (5) of this section with:

1. any state, federal, or international regulatory agency and the employees, agents, consultants, and contractors of any state, federal, or international regulatory agency; and

2. NAIC and the employees, agents, consultants, contractors, affiliates, and subsidiaries of NAIC; and

(ii) subsection (a)(1) and (4) of this section with:

1. the Actuarial Board for Counseling and Discipline on a request from the Actuarial Board stating that the confidential information is required for the purpose of professional disciplinary proceedings; and

2. any state, federal, or international law enforcement official and the employees, agents, consultants, and contractors of any state, federal, or international law enforcement official.

(2) Confidential information may be shared by the Commissioner under paragraph (1) of this subsection only if the recipient of the confidential information agrees, and has the legal authority to agree, to maintain the confidentiality and privileged status of any confidential information received in the same manner and to the same extent as required for the Commissioner.

(f) (1) The Commissioner may receive documents, materials, data, and other information, including otherwise confidential or privileged documents, materials, data, and information, from:

(i) NAIC and the employees, agents, consultants, contractors, affiliates, and subsidiaries of NAIC;

(ii) any state, federal, or international regulatory agency or law enforcement official and the employees, agents, consultants, and contractors of the regulatory agency or law enforcement official; and

(iii) the Actuarial Board for Counseling and Discipline.

(2) The Commissioner shall maintain as confidential and privileged any document, material, data, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, data, or other information.

(g) The Commissioner may enter into agreements governing the sharing and use of confidential information consistent with this section.

(h) (1) Any applicable privilege or claim of confidentiality in confidential information is not waived as a result of:

(i) the disclosure of the confidential information to the Commissioner under this section; or

(ii) the sharing of the confidential information as authorized under subsection (e) of this section.

(2) A privilege established under the law of another state that is substantially similar to the privilege established under this section shall be available and enforced in any proceeding in, and in any court of, the State.

(i) Any confidential information specified in subsection (a)(1) and (4) of this section:

(1) is subject to subpoena for defending in an action that:

(i) seeks damages from the appointed actuary submitting the related memorandum in support of an opinion submitted under § 5–201.1 of this title or a principle–based valuation report developed under § 5–314(b)(1)(iii) of this subtitle; and

(ii) is based on an action required by this subtitle or regulations adopted under this subtitle; and

(2) may be released by the Commissioner with the written consent of the company.

(j) All parts of a memorandum in support of an opinion submitted under § 5–201.1 of this title or a principle–based valuation report developed under § 5–314(b)(1)(iii) of this subtitle are no longer confidential information if any part of the memorandum or report is:

(1) cited by the company in its marketing;

(2) publicly volunteered to or before a governmental unit other than a state insurance department; or

(3) released by the company to the news media.
Md. Code, Natural Resources § 5-307 — MD Code / Article gnr / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) In this section, “Fund” means the Mel Noland Woodland Incentives and Fellowship Fund.

(b) There is a Mel Noland Woodland Incentives and Fellowship Fund in the Department.

(c) The purpose of the Fund is to finance:

(1) The Woodland Incentives Program and the cost–share assistance established under this subtitle; and

(2) The Mel Noland Fellowship Program established under this subtitle.

(d) The Department shall administer the Fund.

(e) (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.

(f) (1) The Fund consists of:

(i) As provided in § 13–306 of the Tax – Property Article, up to $200,000 annually of the proceeds of the tax imposed by § 13–302 of the Tax – Property Article that are attributable to the taxation of instruments of writing that transfer title to parcels of land that are entirely woodland;

(ii) Revenues collected by the Department from the payment of charges imposed for Department assistance in implementation of an approved practice;

(iii) Money distributed from the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund under § 8–2A–04 of this article;

(iv) Subject to approval by the Secretary and the Board of Public Works, a portion of the revenues derived from the forestry practices on designated lands owned and managed by the Department, that are conducted in accordance with applicable State law and regulation; and

(v) Money appropriated to the Fund under paragraph (2) of this subsection.

(2) (i) For fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of $1,000,000 to the Fund.

(ii) For fiscal year 2025 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $500,000 to the Fund.

(g) The Department shall use the Fund:

(1) To help fund the Woodland Incentives Program and the cost–share assistance established under this subtitle;

(2) To fund the Mel Noland Fellowship Program established under this subtitle;

(3) For administrative costs calculated in accordance with § 1–103(b)(2) of this article;

(4) To offset the costs of the Forest and Park Service for developing and approving forest stewardship plans on privately owned forest lands;

(5) To provide annual grants to the forest conservancy district boards under § 5–605 of this title, to help facilitate their respective outreach efforts to encourage forest land owners to develop forest stewardship and other forest conservation management plans;

(6) To establish a forest health emergency contingency program to help:

(i) Maintain the health and vitality of publicly owned and privately owned forest lands; and

(ii) Prevent or control large degradation caused by natural threats;

(7) To provide financial assistance, as provided in the State budget, for the administration of an urban and community forestry program established under § 5–426 of this title, including:

(i) Increasing the number of communities with tree canopy goals;

(ii) Facilitating compliance with the Chesapeake Bay Program’s forestry targets;

(iii) Supporting the use of urban tree canopy expansion for air quality improvement purposes; and

(iv) Helping achieve implementation of Regional Greenhouse Gas Initiative offset opportunities in urban areas;

(8) To help fund a forest marketing and utilization program in the Department to provide financial assistance to help support, stimulate, and market innovative and creative ways to enhance the production of value–added wood products;

(9) To help the Department, in cooperation with appropriate public and private sector entities, develop and expand:

(i) A forest mitigation banking system;

(ii) A carbon credit or carbon sequestration program;

(iii) A clean water credit trading system;

(iv) An environmental services credit trading program; and

(v) A renewable energy credit trading system; and

(10) To help offset administrative costs for providing staff assistance to the Sustainable Forestry Council established under § 5–204 of this title.

(h) The amount of revenues collected under subsection (f)(1)(i) of this section shall be included in the report required under § 16–103 of the Local Government Article.

(i) (1) The amount of the grants under subsection (g)(5) of this section shall be determined by the Department and eligibility for the grants shall be contingent on each board providing an in–kind match as certified by the Secretary.

(2) For fiscal year 2021 and each subsequent fiscal year, the Department shall direct $50,000 from the Fund to the Mel Noland Fellowship Program for the purpose of:

(i) Paying stipends to fellows, in accordance with § 5–308 of this subtitle; and

(ii) Offsetting the cost of administering the Mel Noland Fellowship Program, including the cost of recruiting, selecting, and supervising fellows.

(j) On or before September 30 of each year, the Department shall report 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, on the use of funds credited to the Fund, including an identification of and the reasons for those revenues derived from forestry practices on designated lands owned and managed by the Department that were not credited to the Fund.

(k) (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 credited to the General Fund of the State.

(l) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Corporations and Associations § 5-202 — MD Code / Article gca / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) The charter of each nonstock corporation formed after June 1, 1951, shall provide that the corporation has no authority to issue capital stock.

(b) Notwithstanding any other provision of this article, the charter or bylaws of a nonstock corporation may:

(1) Divide the directors or members of the corporation into classes;

(2) Prescribe the tenure and conditions of service of its directors, but no class of directors may be elected to serve for a period shorter than the interval between annual meetings unless:

(i) All or a class of directors must be members; and

(ii) Qualifications for membership have the effect of shortening their tenure of service;

(3) Provide that an individual may serve as a director by reason of serving in a specified office or position within or outside the corporation and prescribe that the individual shall serve as a director during the individual’s service in the specified office or position;

(4) Prescribe the rights, privileges, and qualifications of its members;

(5) Prescribe the manner of giving notice of any meeting of its members;

(6) Provide for the number or proportion of voting members whose presence in person or by proxy constitutes a quorum at any meeting of its members;

(7) Provide that any action may be taken or authorized by any number or proportion of the votes of all its members or all its directors entitled to vote;

(8) Deny or limit the right of its members to vote by proxy;

(9) Provide for the right of members to vote by mail or by electronic transmission on a stated proposal or for the election of directors or any officers who are elected by members;

(10) Regulate the management of the business and affairs of the corporation; and

(11) Regulate the exercise or allocation of voting power between or among the directors and members.
Md. Code, Economic Development § 5-2607 — MD Code / Article gec / Title 5 / Subtitle 26 / Section 5-2607
§5–2607.
Status: in_force

(a) Subject to the limitations of this section, the Commission shall designate aerospace and technology zones within the State for the purpose of encouraging business development, facilitating land acquisition, providing educational opportunities, and promoting the aerospace industry within the boundaries of the zones.

(b) The Commission shall determine the boundaries of the zones.

(c) The Commission shall partner with local communities to promote local aerospace education opportunities within each zone and implement strategies to connect local aerospace facilities within the zone to the surrounding communities.
Md. Code, Family Law § 5-3A-33 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-33
§5–3A–33.
Status: in_force

A court may not enter an order for adoption under this subtitle until 30 days after entry of a guardianship order under this subtitle.
Md. Code, Family Law § 5-603 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

As used in this compact:

(1) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.

(2) “Sending agency” means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.

(3) “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(4) “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.
Md. Code, Human Services § 5-504 — MD Code / Article ghu / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) A person may not sell or purchase Supplemental Nutrition Assistance Program benefits unless otherwise authorized by law.

(b) A person may not knowingly buy or sell merchandise that has been purchased with Supplemental Nutrition Assistance Program benefits.

(c) If the value of the money or goods involved is $1,000 or more, a person who violates this section is guilty of a felony and on conviction:

(1) is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and

(2) shall make full restitution of the money or goods unlawfully received or perform community service, as determined by the court.

(d) If the value of the money or goods involved is less than $1,000, a person who violates this section is guilty of a misdemeanor and on conviction:

(1) is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both; and

(2) shall make full restitution of the money or goods unlawfully received or perform community service, as determined by the court.
Md. Code, Business Regulation § 5-201 — MD Code / Article gbr / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) There is an Office of Cemetery Oversight in the Department.

(b) The Office exercises its rights, powers, and duties subject to the authority of the Secretary.

(c) (1) The Secretary shall appoint an Advisory Council on Cemetery Operations.

(2) The Advisory Council consists of 12 members.

(3) Of the 12 members of the Advisory Council:

(i) three shall be registered cemeterians representing the for–profit cemetery industry;

(ii) one shall be a registered cemeterian representing a nonprofit cemetery;

(iii) one shall be a registered seller from a monument company;

(iv) one shall be a representative from a religious cemetery;

(v) one shall be a representative from a crematory; and

(vi) five shall be consumer members.

(4) The Advisory Council shall be convened at least four times a year to give advice to the Secretary and the Director.

(5) In addition to the required meetings, the Advisory Council may meet as necessary.

(d) The term of a member is 3 years.
Md. Code, Natural Resources § 5-1010 — MD Code / Article gnr / Title 5 / Subtitle 10 / Section 5-1010
§5–1010.
Status: in_force

(a) The General Assembly finds that:

(1) In order to provide the public with access to the use, enjoyment, and appreciation of the outdoor areas of Maryland, it is declared to be the public policy of this State to provide the means and procedures for establishing and expanding a network of recreational and scenic trails;

(2) Abandoned railroad corridor property is a unique source of land corridors that are, in many cases, suitable for recreational trails;

(3) Railroad corridor property is being abandoned at a high rate and is often sold in segments, thereby fragmenting the original corridors and leaving unconnected segments which may be suitable for acquisition for recreational trail use;

(4) The preservation of abandoned rail corridor property for use as recreational trails is in the public interest; and

(5) A systematic and continuing statewide program of acquiring abandoned railroad corridor property is needed to preserve this unique and irreplaceable source of recreational trails.

(b) (1) The Department shall maintain liaison with, provide factual data to, and work with the Department of Transportation, the State Railroad Administration, the Department of Planning, other agencies, and local governments to determine the suitability for trail purposes of railroad corridor property proposed for abandonment.

(2) The Department may conduct feasibility studies and appraisals of railroad corridor property proposed for abandonment.

(3) The Department may acquire railroad corridors pursuant to the National Trails Systems Act, 16 U.S.C. § 1241 et seq., as amended.

(c) (1) If, under the provisions of § 7-901 of the Transportation Article, the Department of Transportation acquires railroad corridor property considered suitable for use as recreational trails, the Department may request interim use of the property for public recreational use.

(2) The Department may lease a corridor from the Department of Transportation and sublease it to a local government subject to all the terms and conditions of the original lease.

(3) Any lease of railroad corridor property by the Department for interim use for public recreation shall be subject to restoration or reconstruction for railroad purposes, and the interim use may not be considered as an abandonment of the use of the railroad corridor for railroad purposes.

(4) Prior to undertaking the development of a railroad corridor property for recreational use the Department shall conduct a public hearing in the affected county. The hearing shall be advertised in a newspaper of general circulation in the affected county for 3 consecutive weeks.
Md. Code, Economic Development § 5-1001 — MD Code / Article gec / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

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

(b) “Active duty” has the meaning stated in § 9–901 of the State Government Article.

(c) “Fund” means the Uniformed Services Personnel and Veteran–Owned Small Business No–Interest Loan Fund established under § 5–1006 of this subtitle.

(d) “Reserve component” has the meaning stated in § 9–901 of the State Government Article.

(e) “Service–disabled veteran” means a veteran with a disability that is service–connected, as defined in 38 U.S.C. § 101(16).

(f) (1) “Small business employer” means an employer who employed an average of 50 or fewer employees on business days during the calendar year preceding the determination of eligibility for a loan under this subtitle.

(2) For purposes of paragraph (1) of this subsection, all persons treated as a single employer under § 414(b), (c), (m), or (o) of the Internal Revenue Code shall be treated as a single employer under this subtitle.

(g) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(h) “Veteran” has the meaning stated in § 9–901 of the State Government Article.

(i) “Veteran–owned small business” means a small business that is at least 51% owned by a veteran.
Md. Code, Corporations and Associations § 5-636 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-636
§5–636.
Status: in_force

(a) Subject to subsection (b) of this section, within 180 days after providing a certification to the Commission under § 5–635(h) of this subtitle, the cooperative’s board of directors, by a supermajority vote, shall:

(1) Adopt bylaws for the member–regulated cooperative; and

(2) Amend the cooperative’s articles of incorporation to reflect the cooperative’s conversion to being a member–regulated cooperative.

(b) The bylaws and amended articles of incorporation shall:

(1) Authorize the member–regulated cooperative to provide broadband Internet service;

(2) Establish a plan for making broadband Internet service available to members in a manner that maximizes deployment with available financial resources;

(3) Include an allocation method in accordance with § 5–607(c) of this subtitle to ensure that electric customers do not subsidize the cost of broadband Internet service; and

(4) Except as provided in § 5–637(a)(2) of this subtitle, be consistent with this subtitle.
Md. Code, Education § 5-319 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-319
§5–319.
Status: in_force

(a) The Interagency Commission shall adopt regulations that require the design development documents for the construction or major renovation of school buildings submitted by a county board to the Interagency Commission to include:

(1) An evaluation of the use of solar technologies, including photovoltaic or solar water heating, based on life cycle costs; and

(2) If an evaluation determines that solar technologies are not appropriate for a construction or major renovation project, a report that explains why the use of the technology is not appropriate.

(b) On or before December 31 of each year, the Interagency Commission shall submit a report on the number of public school construction and major renovation projects in each jurisdiction that use solar technologies to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Health - General § 5-612 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-612
§5–612.
Status: in_force

(a) (1) A health care provider for an individual incapable of making an informed decision who believes that an instruction to withhold or withdraw a life-sustaining procedure from the patient is inconsistent with generally accepted standards of patient care shall:

(i) Petition a patient care advisory committee for advice concerning the withholding or withdrawal of the life-sustaining procedure from the patient if the patient is in a hospital or related institution; or

(ii) File a petition in a court of competent jurisdiction seeking injunctive or other relief relating to the withholding or withdrawal of the life-sustaining procedure from the patient.

(2) In reviewing a petition filed under paragraph (1) of this subsection, the court shall follow the standards set forth in §§ 13-711 through 13-713 of the Estates and Trusts Article.

(b) On petition of the patient’s spouse, domestic partner, a parent, adult child, grandchild, brother, or sister of the patient, or a friend or other relative who has qualified as a surrogate under § 5–605 of this subtitle to a circuit court of the county or city in which the patient for whom treatment will be or is currently being provided, withheld, or withdrawn under this subtitle resides or is located, the court may enjoin that action upon finding by a preponderance of the evidence that the action is not lawfully authorized by this subtitle or by other State or federal law.

(c) Except for cases that the court considers of greater importance, a proceeding under this section, including an appeal, shall:

(1) Take precedence on the docket;

(2) Be heard at the earliest practicable date; and

(3) Be expedited in every way.
Md. Code, Election Law § 5-1203 — MD Code / Article gel / Title 5 / Subtitle 12 / Section 5-1203
§5–1203.
Status: in_force

(a) At each general election, the names of the following nominees shall be submitted to the voters:

(1) each candidate nominated under this title who has satisfied the requirements of this article or other provisions of law, provided the candidate has not:

(i) declined the nomination; or

(ii) died or become disqualified and the provisions of this article do not require that the name of the nominee nonetheless be submitted to the voters;

(2) each nominee who has qualified for a presidential election under Title 8, Subtitle 5 of this article; and

(3) each incumbent justice of the Supreme Court of Maryland or the Appellate Court of Maryland whose name is required to be submitted to the voters for continuance in office under Article IV, § 5A of the Maryland Constitution.

(b) In accordance with Title 9, Subtitle 2 of this article, the State Board shall certify to each local board the name of each nominee who has qualified for the general election ballot as the nominee’s name is to appear on the ballots in that county.
Md. Code, Corporations and Associations § 5-629 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-629
§5–629.
Status: in_force

(a) Consummation of a consolidation or merger has the effects provided in this section.

(b) The separate existence of each cooperative party to the articles of consolidation or merger, except the successor, ceases.

(c) (1) In a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the successor.

(2) In a merger, the articles of incorporation of the successor shall be deemed to be amended to the extent that changes to the articles of incorporation are provided for in the articles of merger.

(d) The rights, privileges, immunities, and assets, including applications for membership, of each of the consolidating or merging cooperatives transfer to and vest in the successor without further act or deed.

(e) (1) The successor is liable for all the debts, obligations, and liabilities of each consolidating or merging cooperative.

(2) An existing claim, action, or proceeding pending by or against a consolidating or merging cooperative may be prosecuted to judgment as if the consolidation or merger had not taken place, or, on motion of the successor or any party, the successor may be substituted as a party and a judgment against the consolidating or merging cooperative constitutes a lien on the property of the successor.

(f) A consolidation or merger does not impair the rights of creditors or any lien on the property of a cooperative party to the articles of consolidation or merger.
Md. Code, General Provisions § 5-857 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-857
§5–857.
Status: in_force

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

(b) “Agent” means a person that is:

(1) hired or retained by a business entity that is an applicant with an application before the governing body to provide services, for compensation, relating to the application; and

(2) (i) an attorney;

(ii) an architect or a landscape architect;

(iii) a traffic consultant;

(iv) an engineer; or

(v) a traffic engineer.

(c) “Aggrieved party” means:

(1) a property owner whose property:

(i) adjoins, fronts, or is located near the subject property; or

(ii) is located within sight or sound of the subject property; or

(2) an individual located within the same subdivision as the subject property or who lives up to three–quarters of a mile by road or otherwise one–half mile away from the subject property.

(d) (1) “Applicant” means a person that is:

(i) a title owner or contract purchaser of land that is the subject of an application;

(ii) a trustee who has an interest in land that is the subject of an application, excluding trustees described in a mortgage or deed of trust; or

(iii) a holder of at least a 10% interest in land that is the subject of an application.

(2) “Applicant” includes a person who is an officer or a director of a corporation that actually holds title to the land, or is a contract purchaser of the land, that is the subject of an application.

(3) “Applicant” does not include:

(i) a financial institution that has loaned money or extended financing for the acquisition, development, or construction of or improvements on the land that is the subject of an application;

(ii) a municipal corporation or public corporation;

(iii) a public authority;

(iv) an electric company or electric supplier applying for a certificate of public convenience and necessity under § 7–207 or § 7–208 of the Public Utilities Article; or

(v) a person who is hired or retained as an accountant, an attorney, an architect, an engineer, a land use consultant, an economic consultant, a real estate agent, a real estate broker, a traffic consultant, or a traffic engineer.

(e) “Application” means:

(1) an application for a zoning map amendment as part of a piecemeal or floating zone rezoning proceeding;

(2) a formal application for a comprehensive map planning change or zoning change during the county comprehensive land use plan update;

(3) an application for a map amendment to the county water and sewerage plan;

(4) a request made under § 4–416 of the Local Government Article for the governing body to approve the placement of annexed land in a zoning classification that allows a land use that is substantially different from the use for the land authorized in the zoning classification of the county applicable at the time of annexation; or

(5) an application to create a district or an easement or any other interest in real property as part of an agricultural land preservation program.

(f) “Business entity” means:

(1) a corporation;

(2) a limited liability company;

(3) a partnership; or

(4) a sole proprietorship.

(g) “Candidate” means a candidate for County Executive or County Council who becomes an elected official.

(h) “Contribution” means a payment or transfer of money or property worth at least $100, calculated cumulatively during the pendency of the application, to a candidate or a treasurer or political committee of a candidate.

(i) “Governing body” means the governing body of Frederick County.

(j) “Partnership” includes:

(1) a general partnership;

(2) a joint venture;

(3) a limited liability limited partnership;

(4) a limited liability partnership; or

(5) a limited partnership.

(k) “Party of record” means a person that participated in a proceeding on an application before the governing body by appearing at a public hearing or filing a statement in an official record.

(l) “Pendency of the application” means the time between the acceptance by the County Department of Planning and Zoning of a filing of an application and the earlier of:

(1) 2 years after the acceptance of the application; or

(2) the expiration of 30 days after:

(i) the governing body has taken final action on the application; or

(ii) the application is withdrawn.

(m) “Political committee” means a committee specifically created to promote the candidacy of a member of the governing body who is running for an elective office.

(n) “Treasurer” has the meaning stated in § 1–101 of the Election Law Article.
Md. Code, Alcoholic Beverages and Cannabis § 5-201 — MD Code / Article gab / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

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

(2) “Agreement” means oral or written evidence between a beer manufacturer and a beer wholesaler granting the beer wholesaler the right to offer and sell the brands of beer offered by the beer manufacturer.

(3) “Beer manufacturer” means:

(i) a brewer, fermenter, processor, bottler, or packager of beer located in or outside the State; or

(ii) a person located in or outside the State that enters into an agreement with a beer wholesaler doing business in the State.

(4) “Fair market value” means the price at which an asset would change hands between a willing seller and a willing buyer when neither is acting under any compulsion and when both have knowledge of all of the relevant facts.

(5) “Successor beer manufacturer” includes a person or license holder who replaces a beer manufacturer with the right to sell, distribute, or import a brand of beer.

(b) Except for the discontinuance of a brand of beer or for good cause shown as provided under § 5–108 of this title, a successor beer manufacturer that continues in the business is obligated under all the terms and conditions of the agreement made between the previous beer manufacturer and the existing beer wholesaler that were in effect on the date of change of beer manufacturers.

(c) A successor beer manufacturer that terminates any agreement provision required to be continued under subsection (b) of this section shall remunerate the beer wholesaler a sum equal to the fair market value for the sale of the subject brand or brands of beer calculated from the date of termination.

(d) (1) Before a successor beer manufacturer may terminate any agreement provision required to be continued under subsection (b) of this section and designate another beer wholesaler to replace the existing beer wholesaler, the successor beer manufacturer shall give notice of termination to the beer wholesaler to be replaced.

(2) On receipt of the notice, the beer wholesaler to be replaced and the designated beer wholesaler shall negotiate in good faith to determine the fair market value of the affected distribution rights.

(3) If an agreement is reached, the designated beer wholesaler promptly shall pay the fair market value as compensation to the beer wholesaler to be replaced.

(4) If an agreement is not reached within 30 days after the beer wholesaler to be replaced receives notice, the designated beer wholesaler and the beer wholesaler to be replaced shall enter into nonbinding mediation with a mediator in the State who practices in accordance with Title 17 of the Maryland Rules.

(5) If an agreement is not reached within 45 days after mediation begins, the beer wholesaler to be replaced shall within 90 days bring an action in a court of general jurisdiction against a successor beer manufacturer to determine and award fair market value of the terminated brand or brands.

(e) Until resolution regarding fair market value is reached under subsection (d) of this section and the beer wholesaler to be replaced has received payment in accordance with the determination of fair market value:

(1) the beer wholesaler to be replaced and the successor beer manufacturer shall support the brand to at least the same extent that the brand had been previously supported immediately before the successor beer manufacturer acquired rights to the brand; and

(2) the beer wholesaler to be replaced shall continue to distribute the brand.
Md. Code, Courts and Judicial Proceedings § 5-725 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-725
§5–725.
Status: in_force

(a) In this section, “Board” means the State Board of Massage Therapy Examiners.

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.