reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 1 - Acquisition and Disposition of Property › Section 21-104 - High Performance Buildings

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “High performance building” means a building that:
(i)    meets or exceeds the current version of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Green Building Rating System Silver rating; or
(ii)    achieves at least a comparable numeric rating according to a nationally recognized, accepted, and appropriate numeric sustainable development rating system, guideline, or standard approved by the Secretary of Budget and Management and the Secretary of General Services.
(3)    “Major renovation” means the renovation of a building where:
(i)    the building shell is to be reused for the new construction;
(ii)    the heating, ventilating, and air–conditioning (HVAC), electrical, and plumbing systems are to be replaced; and
(iii)    the scope of the renovation is 7,500 square feet or greater.
(b)    It is the intent of the General Assembly that, to the extent practicable:
(1)    the Commission shall employ green building technologies when constructing or renovating a Commission–owned building not subject to this section; and
(2)    high performance buildings shall meet the criteria and standards established under the “High Efficiency Green Building Program” adopted by the Maryland Green Building Council.
(c)    Except as provided in subsections (d) and (e) of this section, if a capital project includes the construction or major renovation of a building that is 7,500 square feet or greater, the building shall be constructed or renovated to be a high performance building.
(d)    The following types of unoccupied buildings are not required to be constructed or renovated to be high performance buildings:
(1)    warehouse and storage facilities;
(2)    garages;
(3)    maintenance facilities;
(4)    transmitter buildings;
(5)    pumping stations; and
(6)    other similar types of buildings, as determined by the Commission.
(e)    (1)    The Commission may request from the county where the proposed capital project is located a waiver from complying with subsection (c) of this section.
(2)    On receipt of a written request of a waiver under this subsection, with approval of the county executive, the county council of the county where the proposed capital project is located may issue a waiver under this subsection if the county council determines that the use of a high performance building in a proposed capital project is not practicable.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 2 - Prince George's County Quick Take › Section 21-201 - Water Supply, Sanitary Sewer, or Stormwater Management Project

In this subtitle, “water supply, sanitary sewer, or stormwater management project” includes a:
(1)    water main, sewer, or drain or appurtenance of a water main, sewer, or drain;
(2)    fire hydrant;
(3)    reservoir;
(4)    water purification plant;
(5)    tank;
(6)    pumping station; and
(7)    sewage disposal plant.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 2 - Prince George's County Quick Take › Section 21-202 - Purpose of Subtitle

The purpose of this subtitle is to provide that in emergencies the Commission, in its discretion, may condemn land or interest in land under the optional procedure provided by this subtitle before or after construction of a water supply, sanitary sewer, or stormwater management system, or part of a system, has begun.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 2 - Prince George's County Quick Take › Section 21-204 - Authority to Acquire Land

(a)    Subject to subsection (b) of this section and §§ 21–205 and 21–206(a) of this subtitle, the Commission may enter on and take possession of remaining land or interest in land described in item (2) of this subsection and proceed with the extension or construction of a water supply, sanitary sewer, or stormwater management project if the Commission:
(1)    has acquired or is acquiring by purchase or other procedure, including the condemnation procedures provided for in the Real Property Article and Subtitle 1 of this title, at least one–half of the takings of land or interest in land required for the extension or construction of the project; and
(2)    determines that the remaining takings of land or interest in land are needed for the extension or construction of the project.
(b)    A building may not be taken under this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 2 - Prince George's County Quick Take › Section 21-205 - Written Declaration of Taking

(a)    (1)    The Commission’s right to enter and take possession of land or an interest in land under this subtitle takes effect immediately after the filing of a written declaration of taking in the Circuit Court for Prince George’s County, accompanied by payment of the estimated fair market value of the land or interest in land, as required under § 21–206(a) of this subtitle.
(2)    A declaration of taking may be:
(i)    combined with a petition for condemnation, filed simultaneously with or as part of the same pleading; or
(ii)    filed after a petition for condemnation.
(b)    A declaration of taking shall:
(1)    include a statement as to the number of takings in land or interest in land necessary for the extension or construction of the water supply, sanitary sewer, or stormwater management project;
(2)    include a statement that the Commission has acquired or is acquiring by purchase or procedures other than the declaration of taking method at least one–half of the takings needed for the extension or construction of the project;
(3)    contain a description of the land or interest in land being taken;
(4)    name the Commission as plaintiff and the owner of the land or interest in land as defendant;
(5)    be docketed by the clerk of the circuit court, unless the petition for condemnation is on file or filed simultaneously with the declaration of taking; and
(6)    identify the qualified appraiser and specify the estimated fair market value of the land or interest in land being taken, as required by § 21–206(a) of this subtitle.
(c)    Notice of and service on the property owner of a declaration of taking shall be accomplished in the same manner as is required for petitions for condemnation.
(d)    If the Commission files the declaration of taking accompanied by the payment of the estimated fair market value required under § 21–206(a) of this subtitle, the date of filing shall be the operative date of the taking to determine:
(1)    the fair market value of the land or interest in land taken; and
(2)    damages, if any, caused by the taking.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 2 - Prince George's County Quick Take › Section 21-206 - Payment of Estimated Fair Market Value

(a)    (1)    With the declaration of taking, the Commission shall pay to the owner of the land or interest in land, or to the Circuit Court for Prince George’s County for the owner’s benefit, a sum that the Commission estimates to be the fair market value of the land or interest in land being taken.
(2)    The Commission’s estimate of the fair market value of the land or interest in land being taken may not be less than its appraised value as evaluated by at least one experienced and qualified appraiser, whose qualifications as an appraiser have been accepted by a court of record of the State.
(b)    Payment of the estimated fair market value of land or interest in land under this section does not limit the amount that may be awarded with respect to the land or interest in land.
(c)    If the estimated fair market value of the land or interest in land is paid into the court under subsection (a) of this section, the property owner, on written request to the clerk of the court, may receive the sum paid without prejudice to any of the owner’s rights if the property owner agrees to pay back to the Commission the amount by which the sum paid exceeds the final award.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 2 - Prince George's County Quick Take › Section 21-207 - Institution of Condemnation Proceedings

(a)    (1)    If the Commission and the owner of the land or interest in land being taken are unable to agree as to the compensation and damages, if any, caused by the taking, the Commission shall institute condemnation proceedings in the manner required by the Real Property Article and the Maryland Rules.
(2)    The court shall hear and determine the condemnation proceedings as soon as practicable after the application to the court.
(b)    If the condemnation petition is not filed at the same time as the Commission pays the estimated fair market value to the owner or to the court for the owner’s benefit, the Commission shall file the condemnation petition not later than 30 days after receipt of notice from the property owner that a disagreement exists as to the compensation and damages, if any, caused by the taking.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 3 - Zoning and Land Use Matters › Section 21-301 - Zoning Map Applications

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “District council” has the meaning stated in § 14–101 of the Land Use Article.
(ii)    “District council” includes a designee or hearing officer appointed by the district council.
(3)    “Regional district” has the meaning stated in § 14–101 of the Land Use Article.
(b)    An application for amendment to the zoning map of the regional district may be referred by the respective district council to the Commission for the Commission’s review and comment.
(c)    (1)    The Commission shall review each application referred to it and shall report in writing on each application to the appropriate district council not less than 15 days before the regularly scheduled public hearing on the application.
(2)    The report shall include an analysis of the probable impact on existing and proposed sewer, water, or other Commission facilities in terms of:
(i)    treatment facilities;
(ii)    sewer lines of both program and less–than–program size;
(iii)    their respective design capacity and present volume flow to capacity relationship;
(iv)    construction schedules; and
(v)    proposed projects under the 6–year capital improvements program or 10–year water and sewer plan.
(d)    With respect to an application referred to the Commission under subsection (b) of this section, the Commission shall provide supplemental information requested by the district council at least 15 days before the regularly scheduled public hearing on the application or within 15 days after the Commission receives the request, whichever is later.
(e)    On request of the district council, Commission staff shall appear before the district council to discuss information provided by the Commission under this section.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 4 - Urban Renewal Projects › Section 21-401 - "Urban Renewal Authority" Defined

In this subtitle, “urban renewal authority”:
(1)    means a unit of government that is engaged in urban renewal activity; and
(2)    includes:
(i)    the State;
(ii)    Montgomery County;
(iii)    Prince George’s County; and
(iv)    any unit of government in Montgomery County or Prince George’s County.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 4 - Urban Renewal Projects › Section 21-402 - Cooperation Between Commission and Urban Renewal Authority

If the Commission is paid or assured payment by an urban renewal authority for the Commission’s costs and expenditures in accordance with this subtitle, the Commission may cooperate with and assist the urban renewal authority in an urban renewal project undertaken by the urban renewal authority by abandoning, relocating, installing, constructing, or reconstructing water or sanitary sewer facilities in the urban renewal area.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 21 - Property and Land Use Matters › Subtitle 4 - Urban Renewal Projects › Section 21-403 - Payment for Urban Renewal Projects

(a)    If an urban renewal project or an act of the General Assembly that provides for an urban renewal program requires or results in the abandonment, relocation, realignment, raising, lowering, rebuilding, or removal of any water or sanitary sewer facility of the Commission, the urban renewal authority shall pay to the Commission the entire cost less any salvage value from the old facility.
(b)    An urban renewal authority may not allow any Commission structure to be removed, abandoned, or damaged in connection with an urban renewal project until:
(1)    the urban renewal authority has paid the Commission; or
(2)    payment to the Commission has been assured to the Commission’s satisfaction, in accordance with this subtitle.
(c)    If an urban renewal project requires the construction of a new water or sanitary sewer facility by the Commission, the Commission may:
(1)    construct the facility if:
(i)    the costs of the construction will be repaid through existing provisions for special assessments, including front foot benefit charges; or
(ii)    the payment is made or assured by the urban renewal authority; and
(2)    enter into agreements with an urban renewal authority providing for payment to the Commission over a period of time, with the terms of the contract and rate of interest determined by the Commission.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-103 - Bonds -- Maximum Amount Issued

(a)    Except as provided in subsection (b) of this section, the aggregate principal amount of bonds outstanding at any time that will not reach full maturity within 5 years from the date of issue may not exceed the greater of:
(1)    the sum of:
(i)    3.8% of the total assessable base of all real property assessed for county tax purposes within the sanitary district; and
(ii)    7% of the total assessable personal property and operating real property described under § 8–109(c) of the Tax – Property Article assessed for county tax purposes within the sanitary district; or
(2)    the sum of:
(i)    3.8% of the total assessable base of all real property assessed for county tax purposes within the sanitary district as of July 1, 1997; and
(ii)    7% of the total assessable personal property and operating real property described under § 8–109(c) of the Tax – Property Article assessed for county tax purposes within the sanitary district as of July 1, 1997.
(b)    (1)    In this subsection, “government obligation” means:
(i)    a direct obligation of the United States; or
(ii)    an obligation unconditionally guaranteed as to principal and interest by the United States.
(2)    To calculate the maximum debt authorized under this section, the aggregate amount of bonds outstanding is reduced by:
(i)    the amount held in the joint sinking fund account for the payment of principal of the bonds; and
(ii)    the amount of any bond for which there is irrevocably deposited:
1.    cash; or
2.    government obligations maturing as to principal and interest at times and in amounts sufficient to provide adequate and complete payment of the principal or redemption price and interest as required on the bond.
(c)    Except as otherwise provided by an act of the General Assembly of Maryland, the maximum debt level authorized under this section applies to any bond issued under an act of the General Assembly of Maryland enacted on or after July 1, 1997.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-104 - Guarantee

(a)    (1)    The bonds shall be:
(i)    issued under the hand and seal of the Commission; and
(ii)    guaranteed as to payment of principal and interest by Montgomery County and Prince George’s County.
(2)    Each bond shall contain the following statement:
“The payment of interest when due and the principal at maturity is guaranteed by Montgomery and Prince George’s counties, Maryland”.
(b)    (1)    The bonds of the sanitary district shall be signed:
(i)    by the chair, secretary, and treasurer of the Commission; or
(ii)    if authorized by the Commission, by any two commissioners.
(2)    The official seal of the Commission shall be impressed on a bond of the sanitary district.
(3)    For bonds issued for the purposes described under § 22–102(a)(1) and (2) of this subtitle, the Commission may authorize:
(i)    any of its officials to sign a bond by facsimile signature; and
(ii)    a facsimile of the official seal to be printed on the bond.
(4)    For bonds issued for the purposes described under § 22–102(a)(3) of this subtitle, the Commission may authorize:
(i)    any of its officials to sign a bond by facsimile signature, provided that the bond is manually signed by at least one official; and
(ii)    a facsimile of the official seal to be printed on the bond.
(c)    Within 20 days after the bonds are presented by the Commission for signing, the guaranty or endorsement by Montgomery County and Prince George’s County shall be signed on each of the bonds on behalf of each county by the county executives of Montgomery County and Prince George’s County, or by the county executive’s designee, by facsimile or manual signature as the county executive determines.
(d)    The liability under the guarantee for each county is in the same proportion that the assessable base of that part of that county within the sanitary district bears to the assessable base of the sanitary district.
(e)    (1)    The Commission may waive the guarantee required under subsection (d) of this section, if the Commission determines that:
(i)    the waiver would not seriously affect the sale of the bonds of the sanitary district; and
(ii)    money market conditions justify the sale of the bonds of the sanitary district without the guarantee.
(2)    The waiver of the guarantee under paragraph (1) of this subsection on one issue of bonds may not be construed to be a waiver of the guarantee of future bond issues.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-105 - Destroyed, Lost, or Mutilated Bonds

(a)    (1)    If a bond issued by the Commission is destroyed, lost, or mutilated, the Commission may execute and deliver to the holder or registered owner of the bond a new bond with the same date, number, maturity, and tenor:
(i)    on conditions to evidence ownership and the destruction or loss of the bond that the Commission determines; or
(ii)    in exchange and substitution for and cancellation of the mutilated bond and any interest coupons.
(2)    The Commission may require indemnity and payment of charges in connection with the exchange or substitution of a bond.
(b)    (1)    If the destroyed, lost, or mutilated bond was guaranteed by Montgomery County and Prince George’s County, the new bond issued in substitution shall be endorsed with a guaranty identical to the guaranty on the destroyed, lost, or mutilated bond.
(2)    The endorsement shall be signed as provided in § 22–104 of this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-106 - Repayment of Bonds

(a)    (1)    To retire and pay the interest on bonds issued under this subtitle, each year the county councils of Montgomery County and Prince George’s County shall impose against the assessable property that is in the sanitary district a tax sufficient to pay the principal of and interest on the bonds, as and when due and until paid in full.
(2)    The tax is to be determined, imposed, collected, and paid over to the Commission as provided in this section.
(3)    Each year the Commission shall determine the amount necessary to pay the principal and interest on bonds issued to provide funds for the construction, remodeling, enlargement, or replacement of any office or operating building.
(4)    (i)    The Commission shall set aside the amount determined under paragraph (3) of this subsection from water service charges, sewer usage charges, house connection charges, and any other charges imposed by the Commission as the Commission determines to be fair and equitable.
(ii)    The amount set aside shall be deducted from the amount that the Commission determines to be necessary to be raised by direct taxation under this section on certification to the county councils of Montgomery County and Prince George’s County.
(b)    At least 30 days before the taxable year for property taxes, the county executives of Montgomery County and Prince George’s County shall certify to the Commission the total valuation of assessable property within the sanitary district in each county.
(c)    (1)    The Commission shall determine the amount necessary, for the next taxable year, to pay:
(i)    interest on all outstanding bonds;
(ii)    principal of all serial bonds maturing during the year; and
(iii)    the proportionate part of principal of all outstanding sinking fund bonds as determined by the usual table of redemption of bonds by annual deposit in a sinking fund on interest.
(2)    After deducting all amounts in hand applicable to payment of interest and principal on the bonds, the Commission shall certify to the county councils of Montgomery County and Prince George’s County the number of cents per $100 necessary to raise the amount determined under paragraph (1) of this subsection.
(d)    (1)    Each year the county councils of Montgomery County and Prince George’s County shall impose a tax in the amount determined under subsection (c)(1) of this section on all assessable property within the sanitary district.
(2)    The taxes imposed under this section shall:
(i)    have the same status as county taxes; and
(ii)    be imposed and collected by the tax collecting authority for each county as county taxes.
(e)    Every 60 days, each county shall pay to the Commission the taxes collected under this section.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-107 - Current Bond Fund

(a)    (1)    The amount collected by the Commission for benefits imposed against property for water supply and sewer construction under Title 25, Subtitle 2 of this article shall be set aside in a separate fund known as the Current Bond Fund.
(2)    (i)    The Current Bond Fund shall be used to pay interest on all outstanding bonds.
(ii)    The balance of the Current Bond Fund shall be prorated monthly and applied to:
1.    the payment of the principal of maturing serial bonds; and
2.    the payment into the joint Sinking Fund Account, as provided under § 22–108 of this subtitle, of the proportionate part of the principal of outstanding sinking fund bonds as the outstanding par value of both types of bonds bear to each other.
(b)    To determine the amount necessary to be imposed under § 22–106 of this subtitle, the Commission shall deduct the amount to its credit in the Current Bond Fund account from the amount necessary to be raised in any 1 year for interest on all outstanding bonds.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-108 - Distribution of Funds

(a)    (1)    From the money received from the taxes imposed under § 22–106 of this subtitle together with the amount in hand to the credit of the Current Bond Fund or the amount applicable to the payment of interest and principal on the bonds, the Commission shall:
(i)    pay all interest on the bonds as and when due; and
(ii)    pay or reserve a sufficient amount of money to pay the serial bonds becoming due during the taxable year.
(2)    After making the distributions required under paragraph (1) of this subsection, the Commission shall deposit in one or more banks in Montgomery County or Prince George’s County, to the credit of both counties and the Commission, as a joint fund to be known as the Sinking Fund Account, the amount raised for the payment of the proportionate part of the principal of the sinking fund bonds.
(b)    The Commission and Montgomery County and Prince George’s County shall invest money in the Sinking Fund Account in any bonds in which the U.S. Treasury Department authorizes national banks to invest savings or trust funds.
(c)    If receipts from the tax or other sources are inadequate to pay the principal of the serial bonds becoming due during the taxable year and to deposit the principal payment on the sinking fund bonds, the deficiency shall be added to and collected in the following year’s tax levy.
(d)    Before the first taxable year for property taxes, the Commission may pay the interest on any bonds it issues out of the proceeds of the sale of the bonds.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-109 - Performance of Acts Required

To ensure the prompt payment of interest and provision for the payment of the principal on bonds issued under this subtitle:
(1)    the prompt and proper performance of the acts required under §§ 22–106 and 22–108 of this subtitle is specially enjoined; and
(2)    a person who is required to act under §§ 22–106 and 22–108 of this subtitle:
(i)    shall perform the acts required under those sections;
(ii)    shall pay over any funds as required under those sections; and
(iii)    may not use any part of the funds for any other purpose than for the payment of principal and interest on the bonds.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-110 - Anticipation Loans

(a)    (1)    Subject to paragraph (2) of this subsection, the Commission may borrow money in anticipation of taxes, sale of bonds, or other revenue of the fiscal year in which the loan is made or the next succeeding fiscal year to:
(i)    pay the principal and interest of bonds due or to become due within 4 months;
(ii)    pay the interest becoming due on any bonds within 4 months and not otherwise adequately provided for; or
(iii)    meet payments required to be made to employees and laborers and not otherwise provided for.
(2)    The loan shall be payable not later than the end of the fiscal year after the year in which the loan is made.
(b)    (1)    The Commission shall issue negotiable notes for all money borrowed under subsection (a) of this section.
(2)    The notes may be renewed and money may be borrowed on new notes to pay any indebtedness.
(3)    The notes and loans shall mature within the time limit for the payment of the original loan.
(4)    The Commission shall authorize, by resolution, the notes and set:
(i)    the actual or maximum face amount of the notes;
(ii)    the actual or maximum rate of interest to be paid on the amount borrowed; and
(iii)    the actual or approximate maturity of the notes.
(5)    The Commission shall determine the form and manner of execution of the notes.
(c)    (1)    Subject to paragraph (2) of this subsection, the Commission may determine the manner in which the notes may be disposed of.
(2)    The aggregate amount of notes outstanding at any one time may not exceed an amount equal to the total principal of and interest on bonds of the sanitary district due and payable in the fiscal year in which the notes are issued.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-111 - Water Service Charge

Each year the Commission shall:
(1)    determine the amount necessary to pay the principal and interest requirements of the bonds; and
(2)    set the water service charge of the sanitary district at a rate sufficient to pay:
(i)    the cost of the service; and
(ii)    the requirements of bonds, issued and outstanding, that are to be paid out of the water service.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 1 - General Obligation Bonds and Notes › Section 22-112 - Bond Payment

The amount of water service charges and sewer usage charges collected each year for the payment of principal and interest due on outstanding bonds shall be deducted from the amount that the Commission has determined is necessary to be raised by an ad valorem tax on certification to the county councils of Montgomery County and Prince George’s County.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 2 - Revenue Bonds › Section 22-201 - Construction, Application, and Purpose of Subtitle

(a)    This subtitle shall be liberally construed to carry out its purposes.
(b)    The purpose of this subtitle is to authorize the Commission to issue bonds in a manner that provides flexibility without imposing additional debt burdens on the assessable tax base of the sanitary district, so as to yield overall savings to the residents of the sanitary district.
(c)    This subtitle does not apply to debt issued by the Commission under Subtitle 1 of this title.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 2 - Revenue Bonds › Section 22-202 - Issuance and Sale of Bonds

(a)    The Commission may issue and sell revenue bonds to finance or refinance any of the Commission’s costs of a project authorized under this division.
(b)    (1)    Revenue bonds may finance:
(i)    necessary expenses of preparing, printing, selling, and issuing the bonds;
(ii)    funding of reserves;
(iii)    payment of interest related to financing a project in the amounts and for the period that the Commission determines; and
(iv)    initial program development costs.
(2)    Commission funding sources, other than revenue bond proceeds, may finance initial program development costs or other project costs only if those costs are reimbursed from project revenues.
(c)    (1)    The Commission may issue bonds under this subtitle only if the Commission authorizes the issuance by resolution.
(2)    The resolution may authorize one or more officers of the Commission to determine or specify by bond order the matters that this subtitle requires to be determined or specified, or as may be necessary or advisable to accomplish the purposes of this subtitle.
(d)    Bonds issued under this subtitle, and their principal, interest, and any premium:
(1)    are limited obligations of the Commission;
(2)    are payable solely from the revenues identified in the authorizing resolution or from other money made available for the payment; and
(3)    do not constitute a pledge of the faith and credit of the Commission or of any entity with taxing power.
(e)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, bonds issued under this subtitle shall be dated, bear interest, and mature at the time that the Commission determines.
(ii)    The bonds shall mature no later than 50 years after their date of issue.
(2)    The bonds may bear interest at variable rates of interest, in a manner and amounts that the Commission determines.
(3)    The bonds shall be payable in the manner and at the times and places that the Commission determines.
(4)    The bonds may be made redeemable before maturity at the option of the Commission at a price and under terms and conditions that the Commission determines.
(5)    (i)    The Commission shall determine the forms and manner of execution of the bonds.
(ii)    The bonds may be executed by facsimile signature.
(6)    If an officer whose signature appears on a bond ceases to be an officer before the bond is delivered, the signature of the officer is valid and sufficient as if the officer had remained in office until delivery.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 2 - Revenue Bonds › Section 22-204 - Manner and Price of Sale

(a)    The Commission may sell bonds issued under this subtitle:
(1)    at public or private sale; and
(2)    in a manner and for a price that the Commission determines to be in the best interests of the Commission.
(b)    Sections 19–205 and 19–206 of the Local Government Article do not apply to the issuance and sale of bonds authorized by this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 2 - Revenue Bonds › Section 22-205 - Proceeds

(a)    The proceeds of each bond issuance under this subtitle shall be used solely for the projects for which the bonds were issued.
(b)    The proceeds shall be distributed in the same manner and under any restrictions stated in:
(1)    the authorizing resolution of the Commission; or
(2)    the trust agreement securing the bonds.
(c)    (1)    If the proceeds of the bonds are less than the cost of the project for which the bonds were issued, by resolution, the Commission may issue and sell additional bonds in the same manner as the earlier issue to fund the amount of the deficit.
(2)    Unless otherwise provided in the authorizing resolution or in the trust agreement securing the bonds, the additional bonds shall be:
(i)    considered to be of the same issue as the earlier issue; and
(ii)    entitled to payment from the same funds as the earlier issue, without preference or priority of the earlier issue.
(d)    If the proceeds of bonds issued under this subtitle exceed the cost of the project for which the bonds are issued, the surplus shall be used as the Commission determines.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 2 - Revenue Bonds › Section 22-206 - Security

As determined by the Commission, bonds issued under this subtitle may be secured by or made payable from:
(1)    letters of credit;
(2)    lines of credit;
(3)    bond purchase agreements;
(4)    bond insurance policies;
(5)    guaranty agreements; and
(6)    similar credit arrangements.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 2 - Revenue Bonds › Section 22-207 - Revenue Refunding Bonds

(a)    The Commission may provide by resolution for the issuance of revenue refunding bonds to refund bonds issued under this subtitle.
(b)    To the extent applicable, revenue refunding bonds issued under this section shall conform to the requirements of this subtitle.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 2 - Revenue Bonds › Section 22-209 - Trust Agreements to Secure Bonds

(a)    The Commission may enter into a trust agreement to secure bonds issued under this subtitle.
(b)    The trustee under the trust agreement may be a bank or trust company that has the powers of a trust company in or outside the State.
(c)    The trust agreement may pledge or assign all revenues from one or more projects as specified by the Commission.
(d)    The trust agreement may provide for the protection and enforcement of the rights and remedies of the bondholders, including:
(1)    covenants setting forth the duties of the Commission regarding:
(i)    construction, acquisition, improvement, installation, maintenance, operation, repair, and insurance of a project; and
(ii)    custody, safeguarding, and application of all money;
(2)    the establishment and funding of reserve funds;
(3)    requirements that a project be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the Commission; and
(4)    statements of the rights and remedies of the bondholders and of the trustee, which may restrict the individual right of action of bondholders.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 22 - Bonds and Notes › Subtitle 2 - Revenue Bonds › Section 22-210 - Tax Exemption; Exclusion of Interest From Gross Income

(a)    Bonds issued under this subtitle, including their interest and any profit from their sale or exchange, are exempt from taxation by the State and its counties and municipalities.
(b)    If bonds are issued under this subtitle with the expectation that their interest may be excluded from the gross income of the bondholders, the Commission shall enter into all agreements and make all certifications necessary or advisable to show compliance with the applicable provisions of federal tax law.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 1 - Water and Sewer Systems › Section 23-101 - Commission Water, Sewer, and Drainage Systems

(a)    The Commission shall develop surveys, plans, specifications, and estimates for water supply and sanitary sewer systems in the portions of the sanitary district that the Commission considers necessary.
(b)    The Commission shall divide the sanitary district into water or sanitary sewer districts that in the Commission’s judgment:
(1)    best serve the needs of the communities in the sanitary district; and
(2)    promote the convenience and economy of the installation and operation of water supply and sanitary sewer systems.
(c)    The Commission may proceed with construction that the Commission considers advisable in any district.
(d)    If the Commission initiates construction without petition or request from an interested party, the Commission may give reasonable notice that the Commission considers advisable.
(e)    (1)    The Commission may extend its water supply or sewer systems into any area outside of the sanitary district that is contiguous to or in the vicinity of the sanitary district if the property owners of the area agree to the conditions imposed by the Commission.
(2)    Except as provided in this division, the powers and authority in this subsection may not be restricted by any other general, special, or local law.
(f)    The Commission may not install, operate, or exercise any authority over stormwater management in Montgomery County.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 1 - Water and Sewer Systems › Section 23-102 - Private or Municipal Water and Sewer Systems in the Sanitary District

(a)    A privately owned or municipally owned water supply or sanitary sewer system or part of a system, water main, sewer, water purification or sewage disposal plant, or connection with these facilities may not be constructed or installed, except as provided in this section.
(b)    A municipality or the property owners or residents of a locality in the sanitary district may construct and operate a water supply or sanitary sewer system or part of a system at their own expense if the Commission decides that it is inexpedient or impracticable to build the system due to remoteness from the Commission’s general system or for other reasons.
(c)    (1)    A system constructed in accordance with subsection (b) of this section shall be constructed under plans and specifications submitted to and approved by the Commission.
(2)    The construction, maintenance, and operation of the system shall be under the supervision and general control of the Commission.
(d)    All construction and operating records for the system, including cost records, shall be filed with the Commission.
(e)    The Commission may take over the system or a part of the system, water main, sewer, water purification or sewage disposal plant, or connection with these facilities in the same manner as provided in § 23–103 of this subtitle.
(f)    Except as provided in this division, the powers and authority in this section may not be restricted by any other general, special, or local law.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 1 - Water and Sewer Systems › Section 23-103 - Acquisition of Private or Municipal Water or Sewer System -- Generally

(a)    The Commission may purchase a municipally or privately owned water supply or sewer system if the Commission:
(1)    extends its general water supply or sewer system to the municipally or privately owned water supply or sewer system and is ready to connect with the system; or
(2)    considers the purchase to be expedient, advisable, and proper for the adequate operation of the system under the Commission’s jurisdiction.
(b)    If the Commission and the owner of a municipally or privately owned water supply or sewer system fail to agree to the purchase price or conditions of purchase of the water or sewer system, the Commission may acquire the system by condemnation, as provided in this division.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 1 - Water and Sewer Systems › Section 23-104 - Acquisition of Private Water or Sewer System

(a)    If a privately owned water or sewer system is the subject of a condemnation proceeding under this division, a jury in the proceeding shall determine the fair market value as provided for in § 12–105(b) of the Real Property Article.
(b)    (1)    If the Commission condemns a privately owned system, the Commission shall take the system free and clear of all debts and liens.
(2)    (i)    The Commission shall make a party defendant any person that has a recorded lien or encumbrance against the privately owned system.
(ii)    The circuit court may determine the respective amounts due the defendants.
(c)    After the payment into the court or to the proper parties:
(1)    the Commission may take possession of, maintain, and operate the private system; and
(2)    all properties along the line of any water main or sewer of the private system shall stand in the same relation, bear the same benefit assessment, and be subject to the same regulations and penalties as though the private system had been constructed and put into operation by the Commission under the provisions of this division.
(d)    A building or premises properly connected with the acquired private system at the time of its purchase is not subject to the connection charge specified under Title 25, Subtitle 3 of this article.
(e)    (1)    If the Commission considers that a privately owned water or sewer system is unfit, in whole or in part, for incorporation with the Commission’s system, the Commission shall:
(i)    disregard the existence of the system or unfit part of the system; and
(ii)    extend the Commission’s system to serve the area served by the existing system or unfit part of the system.
(2)    All of the provisions of this division relating to systems constructed by the Commission apply to an extension under paragraph (1) of this subsection.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 1 - Water and Sewer Systems › Section 23-105 - Acquisition of Municipal Water or Sewer System

(a)    After the payment for the acquisition is made to the court or to the municipality:
(1)    the Commission may take possession of, maintain, and operate a municipally owned water or sewer system; and
(2)    all properties along the line of any water main or sewer of the municipal system shall stand in the same relation, bear the same benefit assessment, and be subject to the same regulations and penalties as though the municipal system had been constructed and put into operation by the Commission under the provisions of this division.
(b)    A building or premises properly connected with the acquired municipal system at the time of its purchase is not subject to the connection charge specified under Title 26, Subtitle 3 of this article.
(c)    If outstanding bonds exist for a municipal system acquired by the Commission:
(1)    the municipality may use the amount paid by the Commission for the system for the purchase or redemption of any bond or debt that may be outstanding against the system; or
(2)    the Commission, as a part of the compensation for the system, may assume the payment of any outstanding bond.
2023 Maryland Statutes › Public Utilities › Division II - Washington Suburban Sanitary Commission › Title 23 - Water, Sewers, and Drainage › Subtitle 2 - Subdivision Lines and Service Connections › Section 23-203 - Construction of Service Connections

(a)    Except as provided in subsection (e) of this section, this section does not apply to streets, roads, alleys, sidewalks, or public property in the jurisdiction of Montgomery County.
(b)    (1)    The Commission shall make taps in installations of the Commission at a charge that the Commission considers reasonable.
(2)    The Commission may construct and make water service connections of 2 inches or larger and charge for the connections at the actual cost to the Commission.
(c)    The Commission may authorize the construction of service connections by a master plumber, who is registered in the sanitary district, under the supervision of the Commission.
(d)    (1)    If the Commission, by resolution, authorizes service connections to be made by a master plumber, under regulations and after issuance of a written permit by the Commission, the master plumber may enter on and cut into a street under the jurisdiction of a public authority to the same extent that the Commission may enter on and cut into the street.
(2)    (i)    The master plumber shall first post with the Commission an indemnity bond in an amount set by and with sureties approved by the Commission.
(ii)    The bond shall indemnify the Commission and any State, county, or municipal authority having jurisdiction over the street against all loss, cost, or damage that may be caused by the master plumber’s entering on and cutting into the street.
(iii)    The master plumber shall deposit with the Commission in cash a sum set by the Commission to cover the cost of resurfacing the cut.
(3)    (i)    The only permit required shall be a permit issued by the Commission in accordance with this section.
(ii)    The master plumber shall notify the authority having control of the street to be entered and cut of the time and nature of the work to be done.
(e)    Before cutting into a street, road, alley, sidewalk, or public property under the jurisdiction of Montgomery County, a master plumber shall secure a permit from the county and pay a fee and comply with regulations established by the county.
(f)    The Commission shall adopt regulations to implement this section.