reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 4 - Rate Regulation › Subtitle 5 - Prohibitions › Section 4-502 - Excessive Rates -- Recovery Prohibited

In an action by a public service company to collect a charge, the public service company may not recover any amount if, in the transaction that is the subject of the action, the public service company demanded a rate greater than that lawful under this division when the charge was made.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 1 - Powers and Duties of the Commission › Section 5-101 - Regulation of Services

(a)    After providing notice and an opportunity for interested parties to be heard, the Commission may adopt regulations that prescribe standards for safe, adequate, reasonable, and proper service for any class of public service company or gas master meter operator.
(b)    The standards adopted under subsection (a) of this section shall best promote, in the opinion of the Commission, the security or convenience of:
(1)    the public;
(2)    those employed in furnishing services; and
(3)    those to whom services are rendered.
(c)    The Commission may:
(1)    enforce the standards adopted under this section; and
(2)    by order, as the Commission considers necessary, require changes and additions in the service of any public service company or gas master meter operator, including:
(i)    repairs or improvements in plant;
(ii)    increase in motive power; and
(iii)    change in schedule or manner of operations.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 1 - Powers and Duties of the Commission › Section 5-102 - Tickets, Rates, and Routes

(a)    The Commission may:
(1)    as it considers reasonable and proper, order a common carrier to issue mileage, excursion, school commuter, passenger commuter, or joint interchangeable mile tickets for all or part of the common carrier’s route in the State; and
(2)    require any two or more common carriers, whose lines form a continuous line of transportation or whose lines could form a continuous line of transportation by means of switch connection, to:
(i)    establish through routes and joint rates;
(ii)    provide for the manner of securing the through routes or paying the joint rates; and
(iii)    apportion the through routes and joint rates between the affected common carriers.
(b)    This section:
(1)    is subject to § 7-208(f) of the Transportation Article; and
(2)    does not limit § 5-101 of this subtitle.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 1 - Powers and Duties of the Commission › Section 5-103 - Franchises

(a)    (1)    The Commission may require a public service company to continue any service that the public service company renders to the public under any franchise, right, or permit, after any applicable expiration date.
(2)    Unless authorized by the Commission, a public service company may not discontinue or abandon a service under a franchise, right, or permit.
(3)    The Commission may authorize a public service company to discontinue or abandon a service under a franchise, right, or permit if the Commission finds that the present or future public convenience and necessity allows the discontinuance or abandonment.
(4)    Denial of authorization to discontinue or abandon a service under a franchise, right, or permit does not preclude subsequent reapplication.
(b)    (1)    Whenever the Commission authorizes the abandonment or discontinuance of a franchise, right, or permit, as a whole or in part, that involves any service to or from a suburban community, the Commission:
(i)    shall consider all applications to acquire the franchise, right, or permit to render the service; and
(ii)    shall grant the application to the best qualified applicant.
(2)    An abandoned or discontinued right that extends between mid-city and suburban termini shall continue to extend between the mid-city and suburban termini if the abandoned or discontinued right:
(i)    as acquired by the abandoning or discontinuing public service company or its predecessor, extended from mid-city to suburban termini; or
(ii)    was operated between the mid-city and suburban termini during most of its existence or for an aggregate of at least 15 years.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 1 - Powers and Duties of the Commission › Section 5-104 - Required Finding; Effect of Authorization

(a)    The Commission may authorize the acts described in §§ 5-202, 5-203, and 5-205 of this title and § 6-101(a) of this article if it finds that the authorization is consistent with the public convenience and necessity.
(b)    Authority that the Commission grants under §§ 5-202 and 5-203 of this title does not:
(1)    revive a lapsed franchise;
(2)    validate an invalid franchise;
(3)    enlarge or add to the powers and privileges of a franchise; or
(4)    waive a forfeiture.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 1 - Powers and Duties of the Commission › Section 5-105 - Security Deposits From Elderly Subscribers

The Commission shall require each gas company, electric company, and telephone company to exempt the dwelling units of subscribing individuals who are at least 60 years old from any cash deposit requirement, if the subscriber does not owe any past-due bill to that public service company.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 1 - Powers and Duties of the Commission › Section 5-106 - Licenses and Permits

Before a license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:
(1)    a certificate of compliance with the Maryland Workers’ Compensation Act; or
(2)    the number of a workers’ compensation insurance policy or binder.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 2 - Powers of Public Service Companies › Section 5-201 - Franchises

(a)    A public service company may not exercise a franchise granted by law except to the extent authorized by the Commission.
(b)    A public service company may not exercise a franchise unless it files with the Commission:
(1)    a certified copy of its charter; and
(2)    a statement by its president and secretary, signed under oath, that the appropriate local authorities have provided the required consent for the exercise of the franchise.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 2 - Powers of Public Service Companies › Section 5-202 - Actions Affecting Franchises

Without prior authorization of the Commission, a public service company may not:
(1)    assign, lease, or transfer a franchise or a right under a franchise;
(2)    enter into any agreement or contract that materially affects a franchise or a right under a franchise; or
(3)    abandon or discontinue the exercise of a franchise or a right as a whole or in part.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 2 - Powers of Public Service Companies › Section 5-203 - Securities

(a)    This section does not apply to a merger of or transfer of stock or other ownership interest between:
(1)    a telephone company; and
(2)    another entity with a greater than 50% ownership in common with the telephone company.
(b)    Subject to § 6–101 of this article, without prior authorization of the Commission, a public service company may not purchase, acquire, take, or hold any part of the capital stock of another public service company that operates in Maryland.
(c)    (1)    This subsection applies to corporations that operate in Maryland.
(2)    Except as provided in paragraph (5) of this subsection, without prior authorization of the Commission, a public service company may not:
(i)    assume or guarantee an obligation or liability with respect to stocks, bonds, securities, notes, or other evidence of indebtedness that is payable as a whole or in part to any person more than 12 months after the date of issuance; or
(ii)    issue stocks, bonds, securities, notes, or other evidence of indebtedness payable as a whole or in part more than 12 months after the date of issuance.
(3)    Stocks, bonds, securities, notes, or other evidence of indebtedness described under paragraph (2)(ii) of this subsection shall be issued in accordance with §§ 6–102 and 6–103 of this article.
(4)    The Commission shall take action on an application for authorization under this section within a reasonable time after receipt.
(5)    Prior authorization of the Commission is not required for an assumption or guarantee under paragraph (2)(i) of this subsection or an issuance under paragraph (2)(ii) of this subsection made by a gas company, electric company, or telephone company whose gross annual revenues, for the most recent calendar year for which data are available, are less than 3% of the total gross annual revenues of all public service companies in the State during the same calendar year, if the gas company, electric company, or telephone company:
(i)    provides prior written notice to the Commission of the transaction; and
(ii)    obtains approval of the transaction from the entity in another state that regulates the gas company, electric company, or telephone company.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 2 - Powers of Public Service Companies › Section 5-204 - Construction of Water and Sewage Disposal Systems

(a)    This section does not apply to:
(1)    a municipal corporation, sanitary district, or other unit of government;
(2)    an individual, for the construction of a water system or sewage disposal system for the individual’s personal or private use; or
(3)    a group of individuals for their joint personal or private use, unless the Commission finds that the joint use is for the purpose of generally serving a proposed new housing development.
(b)    Without the prior authorization of the Commission, a person may not construct a water system or sewage disposal system for public use.
(c)    (1)    The Commission may authorize the construction of a water system or sewage disposal system for public use only on a finding that the construction of the water system or sewage disposal system is in the public interest.
(2)    In determining whether the proposed construction of the water system or sewage disposal system is in the public interest, the Commission shall consider:
(i)    the financing plans for the proposed construction; and
(ii)    other pertinent facts and circumstances.
(d)    An applicant for authorization to construct a water system or sewage disposal system:
(1)    shall fully disclose to the Commission the financing plans for the construction; and
(2)    has the burden of proof to satisfy the Commission that the construction is in the public interest.
(e)    (1)    After a hearing, the Commission may revoke an authorization to construct a water system or sewage disposal system if the Commission finds that the revocation is in the public interest.
(2)    An order of revocation may be appealed in accordance with § 3-204 of this article.
(3)    Subject to action of the Commission under § 3-205 of this article, the filing of an appeal does not stay an order of revocation.
(4)    After the Commission issues an order of revocation, the water system or sewage disposal system may not be operated until the revocation is repealed by:
(i)    the Commission; or
(ii)    the final disposition of an appeal from the order of revocation.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 2 - Powers of Public Service Companies › Section 5-205 - Controlling Interests in Water and Sewage Disposal Companies

(a)    Without prior authorization of the Commission, a person may not transfer a controlling interest in a water company or sewage disposal company to another person.
(b)    The Commission may authorize the transfer of a controlling interest in a water company or sewage disposal company if the Commission finds that the transfer is consistent with the public convenience and necessity.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 3 - Duties of Public Service Companies › Section 5-301 - In General

(a)    Except as otherwise provided by law, this section does not apply to a requirement or violation of:
(1)    Subtitle 4 of this title;
(2)    Title 7, Subtitle 1 of this article;
(3)    Title 8, Subtitles 1 and 3 of this article; or
(4)    Title 9, Subtitle 3 of this article.
(b)    A public service company:
(1)    shall comply fully with the requirements of this division; and
(2)    may not violate any provision of this division.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 3 - Duties of Public Service Companies › Section 5-302 - Reports and Other Documents

(a)    Except as provided in subsection (b) of this section, a public service company shall file with the Commission:
(1)    an annual report for the preceding calendar year; and
(2)    special reports, information, contracts, records, and copies as required by the Commission.
(b)    Unless otherwise directed by the Commission, a public service company is not required to comply with subsection (a) of this section if the public service company is:
(1)    a common carrier; or
(2)    a telephone company whose rates are not regulated by the Commission under Title 4 of this article.
(c)    The Commission may require a public service company that files documents under subsection (a) of this section to file the documents under oath.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 3 - Duties of Public Service Companies › Section 5-303 - Standards of Service

A public service company shall furnish equipment, services, and facilities that are safe, adequate, just, reasonable, economical, and efficient, considering the conservation of natural resources and the quality of the environment.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 3 - Duties of Public Service Companies › Section 5-304 - Accidents

(a)    (1)    A public service company shall notify the Commission of any accident involving the public service company that results in:
(i)    personal injury requiring hospitalization;
(ii)    property damage exceeding $50,000; or
(iii)    loss of life.
(2)    The public service company shall notify the Commission within 30 days after the day the accident occurs or within a period that the Commission prescribes.
(b)    The notice:
(1)    shall be in a form that the Commission prescribes; and
(2)    may not be admissible in evidence, or used for any purpose against the public service company that provides the notice, in an action for damages arising out of any matter that is reported in the notice.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 3 - Duties of Public Service Companies › Section 5-305 - Prevailing Wage Rate Paid by Contractors and Subcontractors on Specified Projects

(a)    This section applies to a project by an investor–owned gas company, electric company, or combination gas and electric company involving the construction, reconstruction, installation, demolition, restoration, or alteration of any underground gas or electric infrastructure of the company, and any related traffic control activities.
(b)    An investor–owned gas company, electric company, or combination gas and electric company shall require a contractor or subcontractor on a project described in subsection (a) of this section to pay its employees not less than the prevailing wage rate determined by the Commissioner of Labor and Industry under Title 17, Subtitle 2 of the State Finance and Procurement Article.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-402 - Limitations

(a)    This subtitle does not authorize a corporation to take or use property unless just compensation, as agreed on with the owner or awarded by a jury, has been paid or tendered to the parties entitled to compensation or paid into court.
(b)    This subtitle does not authorize the location of a public road on private property without the consent of the owner or the decision of the county commissioners or county council after notice and an opportunity to be heard as required by law for opening or altering public roads.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-403 - Gas Companies

(a)    This section applies to a domestic or foreign corporation that is or may become engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases.
(b)    Subject to subsection (c) of this section, a corporation described in subsection (a) of this section may acquire by condemnation, in accordance with Title 12 of the Real Property Article, rights-of-way or easements necessary to lay, construct, modify, repair, maintain, operate, and remove pipelines and appurtenances to pipelines for transmitting and supplying gas.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a corporation may not condemn rights-of-way or easements under subsection (b) of this section unless the corporation:
(i)    1.    transmits gas directly to local consumers in the State along the corporation’s proposed rights-of-way; and
2.    offers to contract with those local consumers to supply them directly with gas on terms and conditions subject to the approval of the Commission; and
(ii)    has certified to the State Department of Assessments and Taxation the name and address of a resident agent of the corporation in the State, service of process on whom shall bind the corporation until the appointment of a substitute is certified to the State Department of Assessments and Taxation.
(2)    Paragraph (1) of this subsection does not affect the right of a corporation that was transmitting natural gas, artificial gas, or a mixture of natural and artificial gases for public use through one or more pipelines in the State on or before June 1, 1931, to condemn for public use necessary rights-of-way or easements for:
(i)    a pipeline or appurtenances to a pipeline in use on or before June 1, 1931;
(ii)    any incidental relocations of a pipeline or appurtenances to a pipeline in use on or before June 1, 1931; or
(iii)    any additional pipelines or appurtenances to pipelines along and on the same routes or along and on any incidental relocations of a pipeline or appurtenances to a pipeline in use on or before June 1, 1931.
(d)    This section does not affect the application of any provision of this article that applies generally or specifically to a corporation that is or may become engaged in the business of transmitting or supplying natural gas, artificial gas, or a mixture of natural and artificial gases.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-404 - Oil Pipeline Corporations

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Oil pipeline corporation” means a corporation of this State, any other state, or the United States, that is:
(i)    engaged in the business of transporting refined petroleum products by pipeline as a common carrier public service corporation; and
(ii)    subject to the jurisdiction of either the United States Department of Energy (Federal Energy Regulatory Commission) or the Commission.
(3)    (i)    “Property” means real property in fee simple or any lesser right, interest, or estate that is necessary for the intrastate or interstate purposes of the oil pipeline corporation or both.
(ii)    “Property” includes:
1.    privately owned property;
2.    property owned by a public body; and
3.    property devoted to public use if an acquisition under this section does not materially interfere with that public use.
(b)    An oil pipeline corporation that is operating an oil pipeline that existed in the State on or before July 1, 1978, may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property necessary to:
(1)    operate those existing oil pipelines and appurtenances; or
(2)    construct and operate additional oil pipelines and appurtenances along, on, adjacent to, or incidentally deviating not more than 50 feet from the routes followed by the corporation’s existing rights–of–way.
(c)    The right to acquire property under this section may be exercised only in Anne Arundel, Baltimore, Carroll, Cecil, Harford, Howard, Montgomery, and Prince George’s counties and Baltimore City.
(d)    (1)    An oil pipeline corporation shall restore to its original condition any property used for construction or maintenance of a pipeline.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, the construction or maintenance of the pipeline and the restoration of the property shall be completed within 7 days after the start of the construction or maintenance on that parcel of property.
(ii)    If weather conditions or the nature of the terrain make completion within 7 days unfeasible, the oil pipeline corporation shall complete the construction or maintenance of the pipeline and the restoration of the property within 30 days.
(e)    (1)    The right to acquire property under this section may not be exercised unless the oil pipeline corporation, whether or not it is otherwise subject to the jurisdiction of the Commission, first obtains an order from the Commission finding the acquisition to be in the public interest.
(2)    Before the Commission makes a finding and issues an order under this subsection, the Commission shall hold a public hearing.
(3)    The oil pipeline corporation shall give written notice of the public hearing to all affected property owners.
(f)    This section does not affect any other law of the State that applies generally or specifically to oil pipeline corporations.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-405 - Railroad Companies -- in General

(a)    A railroad company or its authorized agent may agree with the owner to purchase, use, occupy, or divert the owner’s land, earth, gravel, stone, timber, streams, materials, or improvements that the company wants for the proper construction or repair of the railroad company’s roads or works.
(b)    The company may acquire the property by condemnation under Title 12 of the Real Property Article if:
(1)    the company cannot agree with the owner of the property; or
(2)    an owner:
(i)    is a minor, is adjudged to be mentally incompetent, or is under any other legal disability to contract; or
(ii)    is absent from the county in which the property is located when the company wants the property.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-406 - Railroad Companies -- Change in Location or Grade

(a)    (1)    A railroad company may change the location or grade of any portion of its road if the company finds the change is necessary for any reasonable cause, including to avoid:
(i)    inconvenience to public travel;
(ii)    dangerous or difficult curves or grades; or
(iii)    unsafe or unsubstantial grounds or foundations.
(2)    A change of location or grade under this section shall follow the general route of the existing road.
(3)    A railroad company may enter on and take land and make surveys necessary to make the change in location or grade in accordance with Title 12 of the Real Property Article.
(b)    (1)    A railroad company is liable to the owner of the land on which the road was constructed for any damages caused by a change in location or grade of the road.
(2)    The amount of damages determined shall be paid to the owner or deposited into court.
(3)    An owner shall claim damages within:
(i)    30 days after actual notice of the intended change has been given to the owner, if the owner resides on the premises; or
(ii)    60 days after publication of notice in a newspaper in general circulation in the county, if the owner is a nonresident.
(c)    If a railroad company condemns land under this section, the condemnation is binding on the company, unless the company chooses to abandon the location within 30 days after making the condemnation.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-407 - Railroad Companies -- Public Way

(a)    A railroad company and the municipal corporation, public officer, or public authority that owns or has control of any road, street, alley, or other public way or ground necessary to locate any part of the railroad may agree on the manner, terms, and conditions allowing the railroad company to use or occupy the road, street, alley, or other public way or ground.
(b)    If the parties are unable to agree and the railroad company needs to use or occupy the road, street, alley, or other public way or ground, the railroad company may acquire the property by condemnation in accordance with Title 12 of the Real Property Article.
(c)    (1)    A railroad company that lays track on any public street, road, alley, or other public way or ground is responsible for any damage done by the location of the track to private property on or near the public way or ground.
(2)    The owner of the private property shall bring a civil action for damages under this subsection within 2 years after the completion of the track.
(d)    A railroad company may not pass through Baltimore City without the consent of the Mayor and City Council.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-408 - Railroad Companies -- Private Way

The power of a railroad company to condemn land and other property under this subtitle includes the power to condemn, for railroad purposes, private crossings or ways and land and other property to provide substitute outlets.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-409 - Electric or Cable Operated Railroads

Sections 5-405, 5-406, and 5-407 of this subtitle apply to all railroads operated by electricity, cable, or other improved motive power, whether the property proposed to be condemned is located in a county or Baltimore City, where streets and alleys have not been opened and occupied as city streets.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-410 - Telephone and Telegraph Companies

(a)    This section applies to:
(1)    a telegraph company that has its principal office in the State;
(2)    a telephone company that has its principal office in the State;
(3)    a corporation formed as a Class 13 corporation under Article 23, § 28 of the Code of 1904; and
(4)    a telephone company that owns lines and provides local exchange or interexchange service in the State with the approval of the Commission.
(b)    A company described in subsection (a) of this section has the same power granted to telegraph and telephone companies by §§ 8-103, 8-104, 8-105, and 8-106(a) of this article and may:
(1)    construct and lay lines underground or above ground on any route for which it is authorized to construct lines as a whole or in part; and
(2)    except as provided in subsection (d) of this section, acquire by condemnation, in accordance with Title 12 of the Real Property Article, any property or right that the company considers necessary for its purposes.
(c)    (1)    Before using either the surface of or the ground beneath the streets or highways of Baltimore City, the company shall obtain the consent of the Mayor and City Council.
(2)    This subsection does not apply to corporations that were in practical operation on June 1, 1910, and that had laid or constructed lines, pipes, mains, or other structures in Baltimore City, unless the corporations use new and additional streets and highways in Baltimore City for their lines, pipes, mains, or other structures.
(d)    This section does not authorize a telephone company described in subsection (a)(4) of this section that, as of September 30, 1993, did not have the power of condemnation granted to a telegraph company under §§ 8-103, 8-104, 8-105, and 8-106(a) of this article, to acquire property for communications towers or buildings.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 4 - Franchises and Condemnation › Section 5-411 - Water Companies

A water company may acquire by condemnation, in accordance with Title 12 of the Real Property Article, any land or water rights that the company is authorized to acquire to lay pipes or construct its work, if:
(1)    the company cannot agree with the owner of the land or water rights; or
(2)    an owner:
(i)    is a minor, is adjudged to be mentally incompetent, or is under any other legal disability to contract; or
(ii)    when the company needs the land or water rights, is absent from the county or city in which the property is located.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 5 - Powers, Duties, and Prohibitions › Subtitle 5 - Miscellaneous › Section 5-501 - Surviving Spouse of Utility Account Holder -- Protections

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Account holder” means the individual in whose name a utility account is established.
(3)    “Utility” means an electric company, an electricity supplier, a gas company, a gas supplier, a sewage disposal company, a water company, or any combination of these companies.
(b)    If an account holder’s surviving spouse presents to a utility the account holder’s death certificate and their marriage certificate or a State or federal tax return filed jointly by the account holder and the surviving spouse in the immediately preceding year, the utility shall, without requiring any further information, other than updated contact information, or imposing any fee or penalty:
(1)    temporarily keep the account open for a period of not less than 6 months and, during that time, treat the surviving spouse as a joint holder of the account; or
(2)    transfer the account to the surviving spouse.
(c)    Notwithstanding subsection (b)(1) of this section, a utility may:
(1)    in accordance with any other applicable law, impose a fee or penalty or terminate an account for nonpayment; or
(2)    at the request of the surviving spouse, close the account.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 1 - Financing › Section 6-103 - Limitations on Capitalization

(a)    This section applies only to public service companies that operate in Maryland.
(b)    (1)    A public service company may not:
(i)    capitalize or issue bonds against or as lien on a contract for consolidation, merger, or lease; or
(ii)    except as provided in paragraph (2) of this subsection, capitalize a franchise or the right to own a franchise.
(2)    A public service company may capitalize a franchise or right to own a franchise in an amount not exceeding the amount, exclusive of any tax or annual charge, actually paid to the State or a political subdivision as consideration for the grant of the franchise or right.
(c)    The stated capital, as determined under Title 2, Subtitle 3 of the Corporations and Associations Article, of a public service company formed by a merger or consolidation of corporations may not exceed, solely by virtue of the merger or consolidation, the stated capital of the corporations merged or consolidated plus any additional sum paid in cash.
(d)    (1)    This subsection does not apply to the capitalization of a franchise to be a public service company.
(2)    Notwithstanding any other provision of this article, the Commission may approve the capitalization of tangible and intangible property of:
(i)    a newly chartered public service company; or
(ii)    a public service company organized or reorganized by the purchaser of the franchise and property of its predecessor at a sale under judicial proceedings, mortgage, or deed of trust.
(3)    Capitalization under paragraph (2) of this subsection shall be in the amount and form that the Commission considers reasonably necessary to enable the public service company to obtain the capital necessary to establish itself as a going concern.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 1 - Financing › Section 6-106 - Acquisition of Substantial Influence Over Investor-Owned Electric Companies

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Affiliate” has the meaning stated in § 7–501 of this article.
(3)    “Investor–owned electric company” means an electric company that is not a municipal electric utility or an electric cooperative.
(b)    For purposes of this section, a person is considered to have acquired, directly or indirectly, the power to exercise substantial influence over the policies or actions of an investor–owned electric company if the person:
(1)    after any acquisition of voting interests, directly or indirectly owns, controls, or has the right to vote, or direct the voting of, at least 20% of the voting interests of the investor–owned electric company or an entity that owns or controls the investor–owned electric company;
(2)    has the right to designate at least 20% of the board of directors or other governing body of the investor–owned electric company or an entity that owns or controls the investor–owned electric company; or
(3)    is found by the Commission, directly or indirectly, or through one or more intermediaries, to have substantial influence over the policies or actions of an investor–owned electric company.
(c)    A person may not acquire, directly or indirectly, the power to exercise substantial influence over the policies or actions of an investor–owned electric company if the person would become an affiliate of each investor–owned electric company in the State as a result of the acquisition.
(d)    The Commission may adopt regulations to implement this section.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 2 - Reporting Requirements › Section 6-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person.
(c)    “Financing lease” means a lease that, during the noncancelable lease period:
(1)    covers at least 75% of the economic life of the property; or
(2)    has terms that assure the lessor of a full recovery of the fair market value that would normally be represented by the lessor’s investment of the property at the start of the lease and a reasonable return on the use of the assets invested, subject only to limited risk in the realization of the residual interest in the property and the credit risks generally associated with secured loans.
(d)    “Joint venture” means a joint business arrangement between a public service company and another person for mutual benefit, with the understanding that each will share in the profits and losses and have a voice in management.
(e)    “Long-term debt” means a debt due at least 1 year after the date of indebtedness.
(f)    “Parent” means:
(1)    every firm, holding company, or other person that ultimately controls a public service company; or
(2)    any intermediary entity that controls a public service company.
(g)    “Person” includes an individual, corporation, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(h)    “Short-term debt” means a debt due within 1 year after the date of indebtedness.
(i)    “SIC code and short title” means a 4-digit industry Standard Industrial Classification code and short title listed in the most recent Standard Industrial Classification manual published by the Office of Management and Budget of the Executive Office of the President.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 2 - Reporting Requirements › Section 6-202 - Classification of Public Service Companies

(a)    The Commission may classify the public service companies under its jurisdiction.
(b)    Two public service companies are of the same class, if they are both:
(1)    common carrier companies;
(2)    electric companies;
(3)    gas companies;
(4)    gas and electric companies;
(5)    sewage disposal companies;
(6)    telegraph companies;
(7)    telephone companies; or
(8)    water companies.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 2 - Reporting Requirements › Section 6-204 - Conformity to Federal Requirements

The Commission shall prescribe a system, a form of records, and a form of annual report for public service companies that conform as nearly as possible to the system and forms that any corresponding federal regulatory unit requires for public service companies of the same class in interstate commerce.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 2 - Reporting Requirements › Section 6-205 - Annual Report; Other Information

(a)    (1)    This subsection does not apply to railroads.
(2)    Except as provided in subsection (b) of this section, each public service company shall file with the Commission an annual report containing information on its corporate structure, affiliations of its officers and directors, and debt holdings.
(3)    (i)    Notwithstanding any specific reporting requirements in this subtitle, the Commission may prescribe the contents of the annual report to be filed by a public service company whose gross annual revenues for the most recent calendar year for which data are available are less than 0.003% of the total gross annual revenues of all public service companies in the State during the same calendar year.
(ii)    A small rural electric cooperative described in § 7-502(a) of this article may satisfy the reporting requirement by submitting to the Commission a copy of a report including the required information that the small rural electric cooperative submits to the rural utilities service.
(b)    Unless otherwise directed by the Commission, a public service company is not required to comply with subsection (a) of this section if the public service company is:
(1)    a common carrier; or
(2)    a telephone company whose rates are not regulated by the Commission under Title 4 of this article.
(c)    The president, treasurer, or general manager of a public service company shall verify the company’s annual report under oath.
(d)    The Commission may:
(1)    require a public service company to submit reports and information that the Commission reasonably desires;
(2)    prescribe the form, contents, and deadlines for the reports and information; and
(3)    require amendments or corrections to the reports within a set period.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 2 - Reporting Requirements › Section 6-206 - Annual Report -- Form and Filing

(a)    A public service company shall file its annual report with the Commission within the time the Commission sets after the end of the year that the report covers.
(b)    (1)    The Commission shall provide each public service company with a blank form of an annual report in time to allow the public service company to comply with subsection (a) of this section.
(2)    Unless the Commission notifies a public service company of a proposed change at least 6 months before the start of the year for which an annual report is due, the Commission may not change the form of the annual report in a way that requires the public service company to change the manner or form of its record keeping.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 2 - Reporting Requirements › Section 6-207 - Annual Report -- Contents -- in General

In addition to any other information that the Commission requires, the annual report of a public service company shall state:
(1)    the amount and kind of:
(i)    authorized capital stock;
(ii)    capital stock issued and outstanding;
(iii)    authorized bonded indebtedness; and
(iv)    bonds and other evidence of indebtedness issued and outstanding;
(2)    receipts and expenditures for the year reported;
(3)    the amount paid as dividends and interest on bonds or other evidence of indebtedness;
(4)    the amount of salary paid to each officer, by name, and the amount paid as wages to employees;
(5)    the location of the public service company’s plants with a full description of each plant and franchise, stating in detail how each franchise was acquired; and
(6)    when applicable:
(i)    a monthly compilation of expenditures that were the basis for any fuel rate adjustment; and
(ii)    an annual recapitulation of the information required under item (i) of this item.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 2 - Reporting Requirements › Section 6-208 - Annual Report -- Related Entities

(a)    A public service company shall list in its annual report the name and address, basis of control, and principal business activities of:
(1)    the public service company; and
(2)    each:
(i)    parent;
(ii)    subsidiary of the public service company;
(iii)    organization the public service company controls; and
(iv)    joint venture in excess of $1,000,000 in which the public service company is involved.
(b)    (1)    For each principal business activity described in subsection (a) of this section, a public service company shall list and describe by SIC code and short title each industry in which the public service company’s activities generated, during the reporting year, at least 10% of gross revenues or $5,000,000.
(2)    The public service company shall compile the list described under paragraph (1) of this subsection in order of significance relative to the total activities of the public service company, based on the percentage of gross revenues generated within each industry.
(c)    For each corporation, partnership, or other business organization in which a public service company owns more than 5% of the outstanding voting securities or other ownership interests, the public service company shall, in its annual report:
(1)    list the corporation, partnership, or other business organization; and
(2)    indicate the percentage that the public service company owns.
2023 Maryland Statutes › Public Utilities › Division I - Public Services and Utilities › Title 6 - Business Structure › Subtitle 2 - Reporting Requirements › Section 6-209 - Annual Report -- Officers and Directors

(a)    (1)    A public service company shall list in its annual report the name and address of:
(i)    each principal officer, director, trustee, or partner of the public service company and its parent; and
(ii)    each individual exercising functions similar to that of a director, trustee, or partner on behalf of the public service company and its parent.
(2)    For each individual described in paragraph (1) of this subsection, the public service company shall list:
(i)    the title and position with the public service company and any parent;
(ii)    the title and position with any subsidiary of the public service company and any other company, firm, or organization that the public service company controls;
(iii)    the principal occupation or business affiliation, if different than that provided in item (i) or (ii) of this paragraph; and
(iv)    each affiliation with any other business or financial organization, firm, or partnership doing business with the public service company.
(b)    In its annual report, a public service company shall:
(1)    list each contract, agreement, or other business arrangement exceeding an aggregate value of $1,000,000 between the public service company and any business or financial organization, firm, or partnership listed under subsection (a)(2)(iii) and (iv) of this section;
(2)    except for compensation related to a position with the public service company, list each contract, agreement, or other business arrangement with a value exceeding $2,500 entered into during the reporting year between the public service company and each officer and director listed in subsection (a) of this section;
(3)    for each contract, agreement, or other business arrangement described in paragraph (1) or (2) of this subsection, identify the parties, amounts, dates, and product or service involved; and
(4)    list the professional services performed for the public service company by each firm, partnership, or organization with which an officer or director of the public service company is affiliated.