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2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 1 - General Provisions › Section 10-112 - For-Hire Driving Services Enforcement Fund

(a)    There is a For–Hire Driving Services Enforcement Fund.
(b)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(c)    The purpose of the Fund is to provide adequate resources for the Commission to enforce the requirements of this title concerning for–hire driving services.
(d)    (1)    The Fund consists of assessments made on permits for vehicles regulated by the Commission to provide for–hire driving services in the State.
(2)    The Commission shall establish an assessment not exceeding $40 to be paid annually with respect to each vehicle permit to provide for–hire driving services, except for a vehicle permit to be used exclusively for employee van transportation to or from a designated work site.
(e)    The Fund is to be used solely for statewide enforcement activities of the Commission relating to for–hire driving services.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 2 - Taxicab Services › Section 10-202 - Permit -- Required

(a)    A person must have a permit issued by the Commission whenever the person operates as a taxicab business in or from a point in Baltimore City, Baltimore County, the City of Cumberland, or the City of Hagerstown.
(b)    The provisions of this division relating to taxicabs or of any public local law relating to taxicabs do not limit the jurisdiction of the Commission over a taxicab business as a common carrier even if the taxicab business operates in a jurisdiction other than Baltimore City, Baltimore County, the City of Cumberland, or the City of Hagerstown.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 2 - Taxicab Services › Section 10-203 - Permit -- Standard for Issuance

(a)    (1)    An applicant for a permit to operate a taxicab business shall submit to the Commission an application on the form that the Commission provides.
(2)    The Commission shall issue a permit if, after investigation, the Commission determines that issuing the permit would be best for the public welfare and convenience.
(b)    In determining whether to issue a permit, the Commission shall consider all relevant factors including:
(1)    the number of taxicabs to be used;
(2)    the taxicab and other transportation services already available in the locality; and
(3)    the rate to be charged.
(c)    If it appears that a taxicab company is making an effort to mislead the public by imitating the name, design, or distinctive combination of colors of any taxicab already approved by the Commission, the Commission shall:
(1)    reject the taxicab company’s application for a permit; or
(2)    revoke or suspend the taxicab company’s existing permit.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 2 - Taxicab Services › Section 10-204 - Permit -- Term; Suspension; Revocation

(a)    Each permit applies only to the particular taxicab designated in the permit.
(b)    (1)    Each permit is subject to the terms and conditions that the Commission establishes.
(2)    The Commission shall set a term of at least 1 year for each permit.
(3)    The Commission may renew a permit in accordance with the standards set forth in § 10-203 of this subtitle.
(c)    If sufficient cause is shown, the Commission may amend, suspend, or revoke a permit.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 2 - Taxicab Services › Section 10-205 - Permit -- Assignment

(a)    A permit may not be assigned or transferred unless, after investigation, the Commission approves the assignment or transfer as best for the public welfare and convenience.
(b)    An applicant for an assignment or transfer of a permit shall submit to the Commission a written application that sets forth the purpose, terms, and conditions of the proposed assignment or transfer.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 2 - Taxicab Services › Section 10-206 - Display of Identification

(a)    Each taxicab for which a permit is required shall have the word “taxicab” appear conspicuously on the taxicab.
(b)    (1)    The Commission shall:
(i)    determine the form and style of a badge; and
(ii)    issue to each licensed taxicab driver a badge with the taxicab driver’s license number on the badge.
(2)    A licensed taxicab driver shall display the badge conspicuously in the interior of a taxicab whenever operating the taxicab.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 2 - Taxicab Services › Section 10-207 - General Liability and Property Insurance

(a)    A taxicab for which a permit is required may not be operated unless the permit holder:
(1)    obtains from an insurer authorized to transact business in the State, a liability insurance policy that:
(i)    is approved by the Commission in all respects, including policy provisions, form, and amounts; and
(ii)    insures the permit holder and taxicab driver against liability to a passenger or member of the public for property damage, personal injury, or death resulting from an accident in which the taxicab is involved; or
(2)    deposits with the Commission a bond with a casualty or surety company authorized to do business in the State that:
(i)    is approved by the Commission in all respects, including provisions, form, surety, and amounts; and
(ii)    is made out to the State as obligee for the use and benefit of passengers and members of the public, and undertakes to indemnify passengers and members of the public against property damage, personal injury, or death resulting from an accident in which the taxicab is involved.
(b)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, a cancellation or revocation of an insurance policy or bond that is required under subsection (a) of this section may not take effect until 45 days after the date the Commission receives written notice from the revoking party.
(ii)    Cancellation or revocation of an insurance policy or bond issued by the Maryland Automobile Insurance Fund may not take effect until 30 days after the date the Commission receives written notice from the Maryland Automobile Insurance Fund.
(2)    At any time, if the Commission determines that the existing bond or insurance protection is inadequate, the Commission may require new or additional bond or insurance as a condition of operation.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 2 - Taxicab Services › Section 10-208 - Duties of Taxicab Driver

(a)    In addition to other duties specifically imposed by this subtitle, while driving a taxicab, a taxicab driver:
(1)    shall accept as passenger and convey where directed any orderly person, on request, unless previously engaged or unable or forbidden to do so by this section, other valid law, or regulation;
(2)    except when transferring a vehicle to or from repair facilities, have in the taxicab driver’s possession a manifest that contains:
(i)    the time and date issued, the expiration time, the taxicab driver’s name and badge number, and the taxicab number;
(ii)    space for meter readings and the calculation of driver income; and
(iii)    any other information considered necessary by the Commission;
(3)    shall report each change of residence within 72 hours to the Commission;
(4)    shall answer promptly all communications and summonses received from the Commission;
(5)    shall deliver all fares and all other legal charges received to the permit holder if working on a commission basis;
(6)    may not operate a taxicab while the taxicab driver’s operator license or taxicab driver’s license is suspended;
(7)    may not allow any other person to use the taxicab driver’s badge or identification card;
(8)    may not allow any other person to drive the taxicab and return the taxicab to the permit holder’s garage on completion of the shift to which the taxicab driver was assigned;
(9)    shall proceed with passengers to destination by the shortest practicable route;
(10)    shall give a receipt for fares on request on an authorized form;
(11)    may not operate a taxicab for more than 12 hours of any continuous 24-hour period;
(12)    shall display in the interior of the taxicab at all times, while on duty, the identification card with photograph attached in the frame provided for the card and photograph; and
(13)    shall charge only the rate of fare or charge established by law.
(b)    (1)    When assigned to a taxicab, the taxicab driver is responsible for ascertaining that the taxicab is in good working order.
(2)    A taxicab driver may not tamper with rate cards, the meter, meter light, cable, speedometer cable, or any other equipment that is required to be in the taxicab by law or that registers fares and charges.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 2 - Taxicab Services › Section 10-209 - Taxicab Operation

(a)    A taxicab driver shall make maximum use of service communications with the driver’s switchboard operator or dispatcher in order to keep the driver’s taxicab available for response to calls.
(b)    (1)    A taxicab driver may not solicit the patronage of a person who is at the terminal of another common carrier or at an intermediate point along an established route of that carrier to use that common carrier’s service.
(2)    Paragraph (1) of this subsection does not prohibit or interfere with a response to a call for a taxicab whether the call is made by telephone or by signal from a pedestrian.
(3)    Taxicabs being operated in Baltimore City:
(i)    may transport a passenger from Baltimore City into Baltimore County and return to Baltimore County for the same passenger; but
(ii)    may not solicit a passenger within Baltimore County at any time.
(4)    This subtitle may not impede the operation of taxicabs between Baltimore City and Baltimore-Washington International Thurgood Marshall Airport in the manner allowed by law.
(c)    (1)    A taxicab may not carry more than the number of passengers designated on the rate card.
(2)    A child in a passenger’s arms is not counted as a passenger.
(3)    Only one person may occupy the front seat with the driver.
(d)    (1)    A taxicab may be used from a railroad station or other public place of special assembly to serve jointly not more than four passengers who are bound for the same, or approximately the same, location.
(2)    A passenger who has engaged a taxicab may not be compelled to share the taxicab with another person.
(3)    A taxicab driver may not refuse service in order to group passengers more profitably.
(4)    (i)    Except as provided in subparagraph (ii) of this paragraph, if a taxicab is occupied by several passengers bound for different destinations, each passenger or party shall be charged the fare recorded on the meter at the time of arrival at the passenger’s or party’s destination.
(ii)    A party or individual passenger may not be charged more than the fare applicable at the established rate for transportation over the shortest and most direct route.
(5)    A taxicab driver may not solicit another passenger while en route to the destination of passengers or parties initially occupying the cab.
(e)    A driver of a taxicab may not operate the taxicab:
(1)    recklessly;
(2)    in an unsafe manner; or
(3)    in disregard of the public general or local laws or municipal ordinances governing the operation of motor vehicles.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 2 - Taxicab Services › Section 10-210 - Charges for Service

(a)    (1)    A taxicab permit holder shall post in each of its taxicabs a schedule of its fares on a rate card.
(2)    The rate card shall be printed and arranged in a way that allows a passenger to determine readily the exact fare payable by the passenger.
(3)    A person may not collect a fare other than a fare appearing on or determinable from the rate card posted in the taxicab.
(b)    (1)    This subsection does not apply to a taxicab operating in the City of Hagerstown.
(2)    Except as provided in subsection (c) of this section, while in service, each taxicab for which a permit is required shall be equipped with:
(i)    an accurate taximeter that is properly installed and connected; or
(ii)    another device the Commission approves for measuring the charges for service.
(c)    (1)    A fixed charge may be made for any trip by taxicab between:
(i)    a point within the political subdivision in which the taxicab is normally operated and a point outside of the political subdivision;
(ii)    the Maryland Port Administration’s cruise terminal facilities and:
1.    Fort McHenry;
2.    the World Trade Center Institute in Baltimore; or
3.    Penn Station in Baltimore; or
(iii)    points within Baltimore City, as approved by the Commission.
(2)    A fixed charge shall be calculated on a mileage basis that the Commission approves.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 3 - Miscellaneous Provisions › Section 10-301 - Fixed Charge by Zone

If a taxicab for which a permit is not required charges on the basis of a fixed charge made by zone, the extent of the zone shall be conspicuously expressed in mileage in the schedule required under § 10-210 of this title.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 4 - Transportation Network Company Services › Section 10-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Insurance Commissioner” means the Insurance Commissioner of the Maryland Insurance Administration.
(c)    “Operator” means a transportation network operator, transportation network partner, or transportation network driver.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 4 - Transportation Network Company Services › Section 10-402 - General Consideration

(a)    This subtitle applies to transportation network companies, operators, and transportation network services.
(b)    To the extent not otherwise covered in this subtitle, transportation network companies, operators, and transportation network services shall be subject to:
(1)    any applicable provisions of Titles 9 and 10 of this article; and
(2)    regulations adopted by the Commission for the regulation of transportation network services.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 4 - Transportation Network Company Services › Section 10-403 - Regulations for Accessibility of Services

(a)    The Commission shall adopt regulations to ensure that transportation network companies and operators are making reasonable efforts to make transportation network services accessible to all people, including individuals with disabilities.
(b)    The regulations adopted by the Commission under subsection (a) of this section shall provide for:
(1)    the transportation of passengers with service animals;
(2)    the accessibility of Web sites and mobile applications used to provide transportation network services;
(3)    the reasonable accommodations necessary to serve individuals with disabilities; and
(4)    the provision of information to an operator by a transportation network company related to the requirements of federal and State laws related to antidiscrimination.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 4 - Transportation Network Company Services › Section 10-407 - Transportation Network Assessment Fund

(a)    There is a Transportation Network Assessment Fund.
(b)    The Fund consists of assessment revenues submitted to the Comptroller from transportation network companies under § 10–406(g) of this subtitle.
(c)    The purpose of the Fund is to:
(1)    receive assessment revenues submitted from transportation network companies; and
(2)    disburse assessment revenues to the appropriate counties and municipalities in accordance with this subsection.
(d)    (1)    The Comptroller shall:
(i)    deposit in the Fund assessment revenues received from transportation network companies; and
(ii)    disburse trip assessment revenues to the appropriate counties and municipalities.
(2)    The Treasurer is the custodian of the Fund.
(e)    (1)    The Fund is a continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article, and may not be deemed a part of the General Fund of the State.
(2)    No part of the Fund may revert or be credited to:
(i)    the General Fund of the State; or
(ii)    a special fund of the State.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 5 - Prohibitions; Penalties › Section 10-501 - Operation of Motor Vehicle for Hire

(a)    A person may not transport, solicit for transport, or agree to transport any person or baggage in a motor vehicle for hire unless the operator of the motor vehicle is licensed by the Commission.
(b)    A person who owns or is in charge of a motor vehicle may not allow the motor vehicle to be used in violation of this section, § 10–109, or § 10–209 of this title.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 10 - For-Hire Driving Services › Subtitle 5 - Prohibitions; Penalties › Section 10-502 - Civil Penalty

(a)    A person may not operate a vehicle that provides passenger–for–hire services in the State:
(1)    unless the person is licensed as a passenger–for–hire driver by the Commission, including a person who is licensed or otherwise authorized by the Commission as a transportation network operator, transportation network partner, or transportation network driver; or
(2)    in violation of this title or Title 9, Subtitle 2 of this article.
(b)    A person may not operate a vehicle that provides taxicab services in the State:
(1)    unless the person is licensed as a taxicab driver by the Commission or a county or municipal corporation; or
(2)    that is under the jurisdiction of the Commission, in violation of this title.
(c)    A person may not operate a transportation network company in the State unless the person has been issued a permit as a transportation network company by the Commission.
(d)    Subject to the hearing provisions of § 3–102(c) of this article, the Commission may impose on a person who violates this section a civil penalty not exceeding $500 for each violation.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 1 - Liquefied Gas Facilities › Section 11-101 - Liquefied Natural Gas

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Liquefied natural gas” means natural gas cooled to form a liquid at approximately atmospheric pressure.
(3)    “Liquefied natural gas facility” means any facility used to produce, store, or regasify liquefied natural gas.
(b)    The Commission shall adopt regulations to ensure to the greatest extent practicable the operational safety of liquefied natural gas facilities.
(c)    (1)    The Commission shall inspect periodically each liquefied natural gas facility to ensure compliance with the regulations adopted under subsection (b) of this section.
(2)    Inspections shall be conducted at intervals the Commission determines necessary.
(d)    The Commission may enforce these regulations by any method provided in § 2-117(a), § 13-201, or § 13-205 of this article.
(e)    The Commission may enter into agreements with federal units as necessary to carry out this section.
(f)    This section does not expand the definition of “public service company” in § 1-101 of this article.
(g)    A person who violates a regulation that the Commission adopts under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each day the violation continues, and imprisonment not exceeding 1 year.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 1 - Liquefied Gas Facilities › Section 11-102 - Liquefied Petroleum Gas

(a)    The Commission shall adopt and enforce safety standards for gas service installations at locations where service is provided to:
(1)    10 or more customers by pipes from a liquefied petroleum gas storage tank; or
(2)    at least 2 but fewer than 10 customers, by underground pipes from a liquefied petroleum gas storage tank, if a portion of the system is located in a public place.
(b)    (1)    The owner of a facility at a location subject to subsection (a) of this section or the owner of the liquefied petroleum gas furnished shall comply with the safety standards of service.
(2)    Except as provided in paragraph (3) of this subsection, other sections of this division do not apply to an owner subject to this section.
(3)    The Commission may apply Title 12, Subtitle 1 and §§ 2–117(a), 5–304, 7–301, 7–302, and 13–203 of this article to an owner subject to this section.
(c)    When service begins, a person who furnishes gas service by pipes from a liquefied petroleum gas storage tank under subsection (a) of this section shall notify the Commission in writing about:
(1)    the location of each installation;
(2)    the number of customers or dwelling units furnished service at each location; and
(3)    the name and address of the office responsible for the service.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 2 - Hazardous Liquid Pipelines › Section 11-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Hazardous liquid” means any:
(i)    petroleum or petroleum product;
(ii)    anhydrous ammonia;
(iii)    carbon dioxide; and
(iv)    any substance or material that:
1.    is in a liquid state when transported by a pipeline facility; and
2.    may pose an unreasonable risk to life or property when transported by a pipeline facility, as determined by the United States Secretary of Transportation.
(2)    “Hazardous liquid” does not include liquefied natural gas.
(c)    “Interstate pipeline” means a pipeline, or part of a pipeline, regulated under 49 U.S.C. Chapter 601 that is used in the transportation of hazardous liquids or carbon dioxide in interstate or foreign commerce.
(d)    “Intrastate pipeline” means a pipeline, or part of a pipeline, regulated under 49 U.S.C. Chapter 601 that:
(1)    is used in the transportation of hazardous liquids or carbon dioxide; and
(2)    is not an interstate pipeline.
(e)    “Pipeline facility” means new and existing pipe, rights–of–way, and any equipment, facility, or building used in the transportation of hazardous liquids or carbon dioxide.
(f)    “Pipeline operator” means a person who owns or operates a pipeline facility.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 2 - Hazardous Liquid Pipelines › Section 11-202 - Implementation of Federal Laws; Certifications and Reports; Extent of Authority

(a)    The Commission may act for the United States Secretary of Transportation to implement 49 U.S.C. Chapter 601 with respect to intrastate pipelines located within the State to the extent authorized by certification or agreement with the United States Secretary of Transportation under 49 U.S.C. Chapter 601.
(b)    The Commission shall:
(1)    make periodic certifications and reports to the federal Department of Transportation as may be required under 49 U.S.C. Chapter 601; and
(2)    take any other actions necessary to carry out its responsibilities under a certification or agreement with the United States Secretary of Transportation under this subtitle.
(c)    The authority of the Commission extends only to pipeline safety and enforcement and does not extend to hazardous liquid spill cleanup and remediation.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 2 - Hazardous Liquid Pipelines › Section 11-203 - Regulatory Safety Standards and Practices; Inspections; Facility Operation and Maintenance

(a)    (1)    The Commission may adopt regulations that establish safety standards and practices applicable to the design, construction, operation, and maintenance of intrastate pipeline facilities.
(2)    For any intrastate pipeline regulatory program that the Commission establishes under this subtitle, the Commission shall adopt as minimum standards the federal safety standards in Title 49, C.F.R. Parts 195 and 199, as periodically amended.
(3)    (i)    In collaboration with the American Society of Mechanical Engineers, the Commission shall:
1.    establish and adopt by regulation methods and best practices for intrastate pipeline facilities; and
2.    require introduction of these methods and best practices as soon as may be practicable.
(ii)    The methods shall include quantitative criteria, based on engineering evaluations, to determine whether a wrinkle or other deformity may remain in a pipeline or should be remedied.
(b)    (1)    The Commission may enter, inspect, and examine, at reasonable times and in a reasonable manner, the records and property of an intrastate pipeline operator to determine whether the pipeline operator is acting in compliance with this subtitle and regulations adopted by the Commission under this subtitle.
(2)    The Commission shall inspect each intrastate pipeline at least once each year.
(c)    The Commission shall require an intrastate pipeline operator to prepare, maintain, and carry out a written plan for the operation and maintenance of each pipeline facility owned or operated by the intrastate pipeline operator.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 2 - Hazardous Liquid Pipelines › Section 11-204 - Reporting to Commission by Pipeline Operators; Duties of Commission

(a)    An intrastate pipeline operator shall immediately notify the Commission and the National Response Center of any significant:
(1)    error in information that the pipeline operator has previously submitted to either unit; or
(2)    new information that relates to reporting criteria or other information that the pipeline operator is required to submit under this subtitle.
(b)    The Commission shall notify the National Response Center of any error or new information that the Commission or an agent of the Commission discovers while:
(1)    providing training for pipeline facilities;
(2)    developing methods and best practices under § 11-203(a)(3) of this subtitle; or
(3)    inspecting an intrastate pipeline.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 2 - Hazardous Liquid Pipelines › Section 11-205 - Reports

(a)    Each year an intrastate pipeline operator shall submit an annual report on the state of its pipeline facility to the Commission and to each owner of real property:
(1)    on which the pipeline facility is located; or
(2)    adjacent to or contiguous to real property on which the pipeline facility is located.
(b)    The annual report shall include:
(1)    a summary description of the system that includes the pipeline facility;
(2)    a description of the product transported in the pipeline facility and system;
(3)    State and local emergency response liaison information;
(4)    a description of the leak detection system in use for the pipeline facility;
(5)    a description of periodic testing methods used on the pipeline facility and a summary of results of the testing; and
(6)    any other information that the Commission requires.
(c)    The Commission shall make annual reports available to the public, including publication using the Internet.
(d)    At least once every 5 years, an intrastate pipeline operator shall:
(1)    identify each owner of real property on which the pipeline facility is located;
(2)    notify each property owner of the presence of the pipeline facility on the owner’s property;
(3)    verify that each property owner has received the notice; and
(4)    provide to the Commission a current list of all property owners.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 2 - Hazardous Liquid Pipelines › Section 11-206 - Inspection Fees

(a)    The Commission may assess and collect from an intrastate pipeline operator an inspection fee that may be used by the Commission for administering the regulatory program established by the Commission under this subtitle.
(b)    The fee may not:
(1)    exceed the expenses attributable to the inspection and examination of the facility; and
(2)    include expenses that will be reimbursed by the federal government.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 2 - Hazardous Liquid Pipelines › Section 11-207 - Injunctive Relief

The Commission may bring an action for injunctive relief in a circuit court to:
(1)    enjoin a violation of this subtitle;
(2)    enjoin the transportation of a hazardous liquid by pipeline or the operation of a pipeline facility; or
(3)    enforce a standard established by the Commission under this subtitle.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 11 - Liquefied Gas Facilities and Hazardous Liquid Pipelines › Subtitle 2 - Hazardous Liquid Pipelines › Section 11-208 - Violation; Civil Penalties

(a)    The Commission may impose on a person who violates this subtitle or a regulation adopted in accordance with this subtitle a civil penalty that does not exceed the maximum penalties provided in 49 U.S.C. Chapter 601 (Hazardous Liquid Pipeline Safety Act).
(b)    Each day a violation continues is a separate violation under this section.
(c)    To determine the amount of a penalty imposed under this section, the Commission shall consider:
(1)    the nature, circumstances, and gravity of the violation;
(2)    with respect to the violator:
(i)    the degree of culpability;
(ii)    any history of prior violations;
(iii)    the ability to pay;
(iv)    any effect on the ability to continue doing business; and
(v)    good faith in attempting to comply; and
(3)    other matters that justice requires.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part I - Definitions; General Provisions › Section 12-102 - Legislative Intent

It is the intent of the General Assembly to protect underground facilities of owners from destruction, damage, or dislocation to prevent:
(1)    death or injury to individuals;
(2)    property damage to private and public property; and
(3)    the loss of services provided to the general public.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part I - Definitions; General Provisions › Section 12-103 - Scope of Subtitle

This subtitle does not apply to an excavation not more than 6 inches in depth or demolition performed or to be performed by an owner or lessee of a private residence when the excavation or demolition is performed or to be performed:
(1)    entirely on the land on which the private residence of the owner or lessee is located; and
(2)    without the use of machinery.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part I - Definitions; General Provisions › Section 12-104 - Application of Section -- Newly Installed Facilities as Detectable or Locatable

(a)    This section applies to:
(1)    complete replacement of an existing underground facility;
(2)    underground storm drain systems and applicable devices; and
(3)    an existing previously detectable underground facility or locatable underground facility.
(b)    Except as otherwise provided in § 12–129 of this subtitle, on or after October 1, 2021, all newly installed underground facilities shall be detectable or locatable.
(c)    Not later than October 1, 2021, any previously detectable underground facility or underground facility locatable during planned or emergency work must be restored to be detectable or locatable.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part II - Maryland Underground Facilities Damage Prevention Authority › Section 12-106 - Authority Established

(a)    There is a Maryland Underground Facilities Damage Prevention Authority.
(b)    It is the intent of the General Assembly that the Authority not be funded by appropriations from the State budget.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part II - Maryland Underground Facilities Damage Prevention Authority › Section 12-108 - Chair

(a)    From among its members, each year the Authority shall select a chair.
(b)    Subject to subsection (c) of this section, the manner of selection of the chair and the chair’s term of office shall be as the Authority determines.
(c)    A member may not serve more than 2 consecutive years as chair of the Authority.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part II - Maryland Underground Facilities Damage Prevention Authority › Section 12-109 - Quorum; Meetings; Compensation and Reimbursement

(a)    Five members of the Authority are a quorum.
(b)    The Authority shall meet at least once every 3 months at the times and places it determines.
(c)    A member of the Authority:
(1)    may not receive compensation as a member of the Authority; and
(2)    is not entitled to reimbursement for expenses.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part II - Maryland Underground Facilities Damage Prevention Authority › Section 12-110 - Powers

(a)    The Authority may:
(1)    adopt bylaws for the conduct of its business;
(2)    adopt a seal;
(3)    maintain an office at a place it designates;
(4)    maintain facilities for the purpose of holding hearings under this subtitle;
(5)    employ a staff;
(6)    accept a grant, a loan, or any other assistance in any form from any public or private source, subject to the provisions of this subtitle;
(7)    enter into contracts and execute the instruments necessary or convenient to carry out this subtitle to accomplish its purposes; and
(8)    do all things necessary or convenient to carry out the powers expressly granted by this subtitle.
(b)    The Authority shall adopt a code of conduct for its members.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part II - Maryland Underground Facilities Damage Prevention Authority › Section 12-111 - Funding

(a)    The Authority may obtain funding for its operational expenses from:
(1)    a federal or State grant;
(2)    filing fees and administrative fees for complaints heard by the Authority as authorized under § 12–112(c)(1) of this subtitle, including:
(i)    mailing costs;
(ii)    fees for delivery or service of process;
(iii)    reproduction costs; and
(iv)    staff costs associated with the complaint;
(3)    an additional assessment or charge per ticket as authorized under subsection (b) of this section; and
(4)    any other source.
(b)    The Authority may collect an assessment or a charge not exceeding 5 cents per ticket from an owner–member if the assessment or charge:
(1)    is not imposed on a county or a municipal corporation; and
(2)    is approved by a two–thirds vote of all members of the Authority.
(c)    Except as provided in subsections (a)(2) and (b) of this section, the Authority may not impose a charge or assessment against any person, directly or indirectly, to obtain funding for its operational expenses.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part II - Maryland Underground Facilities Damage Prevention Authority › Section 12-112 - Enforcement

(a)    To enforce this subtitle, the Authority:
(1)    shall accept and review complaints for violations of this subtitle; and
(2)    may recommend necessary enforcement actions.
(b)    (1)    The Authority shall:
(i)    hear complaints for violations of this subtitle:
1.    at the request of a probable violator; or
2.    after notifying a probable violator that the Authority has scheduled a hearing on its own motion; and
(ii)    after a hearing, assess a civil penalty under § 12–135 of this subtitle.
(2)    The Authority may reach a settlement instead of assessing a civil penalty.
(3)    If a probable violator fails to appear at a scheduled hearing, the Authority may vote to proceed to hear the complaint against the probable violator in the absence of the probable violator.
(c)    (1)    The Authority may:
(i)    establish reasonable complaint filing fees and administrative fees for complaints heard by the Authority; and
(ii)    use the services of a third party to collect civil penalties.
(2)    If the Authority determines that an individual cannot afford to pay a fee established under paragraph (1)(i) of this subsection, the Authority may exempt the individual wholly or partly from the fee.
(d)    The Authority may not assess a civil penalty against a person unless the person:
(1)    receives reasonable prior notice of the complaint; and
(2)    has an opportunity to be heard under § 12–113 of this subtitle.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part II - Maryland Underground Facilities Damage Prevention Authority › Section 12-113 - Hearing Procedure

(a)    In a hearing before the Authority for an alleged violation of this subtitle:
(1)    all testimony shall be given under oath administered by the chair or another member of the Authority; and
(2)    the proceedings shall be recorded.
(b)    The Authority may compel the attendance of a witness by subpoena.
(c)    (1)    The Authority shall issue its decision in writing, stating the reason for its decision.
(2)    A copy of the decision shall be delivered or mailed to all parties to the complaint proceedings.
(d)    (1)    A person aggrieved by a decision of the Authority may, within 30 days after receiving the decision, request judicial review of the decision by the circuit court.
(2)    In accordance with the judicial review and appeals process under the Administrative Procedure Act, the circuit court shall hear and determine all matters connected with the decision of the Authority for which judicial review is requested.
(3)    (i)    Except as provided in subparagraph (ii) of this paragraph, the costs of the judicial review, including the costs of preparing a record and transcript, shall be paid by the party filing the request for judicial review.
(ii)    If the party filing the request for judicial review prevails, the circuit court may require that the costs of the judicial review, including the costs of preparing a record and transcript, be paid by the Authority.
(4)    If the request for judicial review is dismissed, the circuit court shall award attorney’s fees to the Authority unless the Authority waives the award of attorney’s fees.
(e)    (1)    The record of a hearing conducted under this section, including any record of testimony or evidence offered at the hearing, is not admissible in any administrative or civil proceeding involving the same subject matter or the same parties.
(2)    Paragraph (1) of this subsection does not apply to judicial review of the Authority’s decision.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part II - Maryland Underground Facilities Damage Prevention Authority › Section 12-114 - Annual Reports

Beginning January 1, 2012, the Authority shall report each year to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the activities of the Authority and any recommendations of the Authority.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part III - Maryland Underground Facilities Damage Prevention Education and Outreach Fund › Section 12-117 - Fund Established

(a)    There is a Maryland Underground Facilities Damage Prevention Education and Outreach Fund.
(b)    The purpose of the Fund is to cover the costs of:
(1)    public education and outreach programs; and
(2)    the development of safety procedures to prevent damage to underground facilities.
(c)    The Authority shall hold and administer the Fund.
(d)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(e)    The Fund consists of:
(1)    civil penalties paid into the Fund under § 12–135 of this subtitle;
(2)    investment earnings of the Fund; and
(3)    any other money from any other source accepted for the benefit of the Fund.
(f)    (1)    The Fund may be used only for:
(i)    public education and outreach programs for the prevention of damage to underground facilities;
(ii)    the development of safety procedures for excavation and demolition projects conducted in the area of underground facilities; and
(iii)    with the consent of the Authority members, covering an unexpected shortfall in the operational account of the Authority.
(2)    The Authority may make grants to local governments or private entities consistent with the purposes of the Fund.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part IV - Excavation and Demolition › Section 12-120 - Effect of Subtitle

(a)    Except as provided in subsections (b) and (c) of this section, a person that obtains the information required under this subtitle is not excused from:
(1)    performing an excavation or demolition in a careful and prudent manner; and
(2)    liability for financial damages or injury that results from the excavation or demolition.
(b)    If an underground facility is damaged by a person that fails to comply with this subtitle, the person is deemed negligent and is liable to the owner for the total cost of repair of the underground facility, unless the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle.
(c)    If an underground facility is damaged by a person that is in compliance with this subtitle and the owner has failed to become an owner–member in accordance with § 12–123 of this subtitle:
(1)    the person is not liable to the owner for the cost of repair of the underground facility; and
(2)    the owner is liable for any repairs or restoration of property damaged by the excavation or demolition.
(d)    Subsection (c) of this section may not be construed to interfere with the right of:
(1)    a third party to recover financial damages arising out of the excavation or demolition from the person or from the owner; or
(2)    the person to seek contribution from an owner for financial damages sought by a third party under paragraph (1) of this subsection.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 12 - Underground Facilities › Subtitle 1 - Excavation or Demolition Near Underground Facilities › Part IV - Excavation and Demolition › Section 12-121 - Emergency Excavation or Demolition

(a)    (1)    This section applies to any action taken to address an emergency from the time the emergency arises until a standard ticket is initiated and valid under § 12–124 of this subtitle, including any work associated with stopping or mitigating the emergency.
(2)    Subject to § 12–120(b) of this subtitle, if all reasonable precautions have been taken to protect underground facilities, § 12–120(a) of this subtitle and §§ 12–122 through 12–135 of this subtitle do not apply to an emergency excavation or demolition being performed to prevent danger to life, health, or property.
(b)    A primary contractor or a person performing an emergency excavation or demolition to prevent or mitigate loss of or injury to life, health, property, or an essential public service shall:
(1)    identify the location and extent of work, as stated in § 12–124(b)(1) of this subtitle, in a clear and concise manner;
(2)    take all reasonable precautions to protect underground facilities in and near the excavation or demolition area; and
(3)    immediately notify the one–call system serving the geographic area where the emergency excavation or demolition is performed to inform the appropriate owner–members of the excavation or demolition area.
(c)    (1)    The owner–member or its contract locator shall:
(i)    respond to an emergency notice as soon as possible but not later than 2 hours from the transmission of the ticket from the one–call system; and
(ii)    except for circumstances beyond an owner–member’s or contract locator’s control and for municipal corporations, considering the hours of operation and availability of employees:
1.    begin the locating process to mark their respective underground  facility or facilities within 3 hours after the transmission of the ticket; or
2.    if the facility owner has no underground facilities within the delineated excavation area, clear the ticket within 3 hours after the transmission of the ticket.
(2)    The person responsible for the excavation shall be on site or in communication with the owner–member, their contract locator, or their representative within 3 hours after the transmission of the ticket by the one–call system, or a mutually agreed response time.
(3)    The owner–member or its contract locator shall respond to the underground facilities information exchange system as soon as:
(i)    the extent of work is marked; or
(ii)    it is determined that no underground facilities are in the delineated area.
(d)    A person that abuses the emergency excavation and demolition procedure set forth in this section is subject to penalties under § 12–135 of this subtitle.