Legislative Matrix

(Updated as of February 14, 2017)

Bill # Title/Description (Sponsor) Position Notes

HB 228 Environment – Water Service – Shutoff Notice Disclosures and Vulnerable Population Protection Defines special populations that are protected against water shut-off; notices for water shut-off and the conditions for turning off water (Dels. M. Washington, et al)

No Position The bill will be heard in the Environment and Transportation Committee on February 15, 2017 at 1pm.

HB 319 (MC/PG 106-17)

Washington Suburban Sanitary Commission – Office of Supplier Diversity and Inclusion and Minority Business Enterprise Program Extends current program to June 30, 2022 and changes name from Small, Local and Minority Business Enterprise (“SLMBE”) Office to the “Office of Supplier Diversity & Inclusion.”

Support

The Prince George’s and Montgomery County House Delegations unanimously voted HB 319 (MC/PG 106-17) Favorable on February 3rd and 10th, respectively. The bill moves to the Environmental and Transportation Committee for consideration.

HB 320 (MC/PG 109-17)

Washington Suburban Sanitary Commission - Polybutylene Connection Pipe Replacement Loan Program. Requires WSSC to establish a Connecting Pipe Replacement Loan Program for replacement of water lateral. The amendment clarifies that the loan is not limited to polybutelyne pipes, but for all water lateral pipes. (Del. Walker)

Support with Amendment

The Prince George’s County House Delegation unanimously voted HB 320 (MC/PG 109-17) Favorable on February 3, 2017. The Metropolitan Washington Committee of the Montgomery County House Delegation voted “Favorable” on February 13, 2017.

HB 321 (MC/PG 110-17)

Washington Suburban Sanitary Commission and Maryland–National Capital Park and Planning Commission – Office of the Inspector General Establishes an Office of the Inspector General in the MNCPPC and WSSC. (Del. Kramer)

Oppose The bill remains under consideration in the Metropolitan Washington Committee.

HB335 (MC/PG 104-17)

Washington Suburban Sanitary Commission – System Development Charge – Exemptions Grants exemptions of the SDC charges for nonprofits with missions of youth/recreation services; childcare and distilleries, breweries and wineries.

Support with Amendment

Bill was amended by the Montgomery County Metro Washington Area Committee to include properties used primarily for programs and services

(Del. Luedtke and Moon) for developmentally disabled

individuals and removed distilleries, breweries and wineries from list of eligible for an exemption. The Montgomery County House Delegation unanimously voted HB 335 (MC/PG 104-17) Favorable on February 10, 2017. The bill moves to the Prince George’s County House]

HB 336 (MC/PG 101-17)

Washington Suburban Sanitary Commission – Service Rates Allows WSSC to establish customer classes. (Dels. Carr & Korman)

Support with Amendment

The bill remains under consideration in the Metropolitan Washington Committee.

HB 355 (MC/PG 102-17)

Washington Suburban Sanitary Commission – Discrimination - Prohibited Prohibits WSSC from discriminating person on the basis of religion, marital status, or gender identity. The bill also changes the nondiscrimination clause required in all contracts entered into by the Commission to require the contractor not to discriminate in any manner against an employee or applicant for employment on the basis of religion, marital status, or gender identity and require the contractor to include a similar nondiscrimination clause in all subcontracts. (Del. Carr)

Support

The Montgomery County House Delegation unanimously voted HB 355 (MC/PG 102-17) Favorable on February 3, 2017. The bill moves to the Prince George’s County House Delegation for consideration.

SB 18 Public Ethics-Bicounty Commissions - Financial Disclosure - Requires that WSSC Commissioners and applicants submit financial disclosure statements to county council and county executive. Requires electronic filing of financial statement. (Chair, EHEA Committee on behalf of State Ethics Commission)

Support The bill was heard on January 19, 2017 in the Education, Health and Environmental Affairs Committee.

SB 280 Environment – Nonwoven Disposable Products – Advertising and Labeling Prohibits labeling a nonwoven disposable product as “flushable” unless the nonwoven disposable product is flushable (Sens. Guzzone and Middleton)

Support The bill was heard on February 14, 2017 in the Education, Health and Environmental Affairs Committee. WSSC testified at the hearing.

HB 453 Tax Sales - Water Liens Prohibits the sale of real property solely to enforce a lien on unpaid water, sewer or sanitary system charges, fees or assessments. WSSC’s front foot benefit charges are assessed on a property owner’s tax bill. (Del. M. Washington)

Pending The bill will be heard on February 23, 2017 in the Ways and Means Committee.

HB 918 Environment – Water Services – Water Affordability Program

Mandates the creation of a customer water affordability program by July 1, 2019. Water charges are capped at 3% of a customer’s annual household income, and require a report to the General Assembly on the program every three years. (Del. M. Washington)

Pending The bill will be heard on February 24, 2017 in the Ways and Means Committee.

Note: HB 405 Plumbing and Heating, Ventilation, Air-Conditioning, and Refrigeration Inspectors – Qualifications was withdrawn after an

unfavorable report by the Economic Matters Committee.

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.

*hb0453*

HOUSE BILL 453 Q1 7lr1977

By: Delegates M. Washington, Anderson, Angel, D. Barnes, Barron, Brooks,

Clippinger, Conaway, Cullison, Glass, Glenn, Hayes, Hettleman, Kelly,

Lewis, Lierman, Luedtke, McIntosh, A. Miller, Morales, Patterson, Platt,

and Rosenberg

Introduced and read first time: January 26, 2017

Assigned to: Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Tax Sales – Water Liens 2

FOR the purpose of prohibiting a tax sale of real property solely to enforce liens for unpaid 3

water, sewer, and sanitary system services; providing an exception to the prohibition 4

on certain tax sales of real property; repealing a certain prohibition on certain tax 5

sales made obsolete by this Act; making a technical change; providing for the 6

application of this Act; and generally relating to tax sales of real property. 7

BY repealing and reenacting, without amendments, 8

Article – Tax – Property 9

Section 14–801(d) 10

Annotated Code of Maryland 11

(2012 Replacement Volume and 2016 Supplement) 12

BY repealing and reenacting, with amendments, 13

Article – Tax – Property 14

Section 14–808 15

Annotated Code of Maryland 16

(2012 Replacement Volume and 2016 Supplement) 17

BY repealing 18

Article – Tax – Property 19

Section 14–849.1 20

Annotated Code of Maryland 21

(2012 Replacement Volume and 2016 Supplement) 22

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23

That the Laws of Maryland read as follows: 24

2 HOUSE BILL 453

Article – Tax – Property 1

14–801. 2

(d) (1) “Tax” means any tax, or charge of any kind due to the State or any of 3

its political subdivisions, or to any other taxing agency, that by law is a lien against the 4

real property on which it is imposed or assessed. 5

(2) “Tax” includes interest, penalties, and service charges. 6

14–808. 7

(a) (1) (I) [The] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 8

SUBSECTION, THE collector shall proceed to sell and shall sell under this subtitle, at the 9

time required by local law but in no case, except in Baltimore City, later than 2 years from 10

the date the tax is in arrears, all property in the county in which the collector is elected or 11

appointed on which the tax is in arrears. 12

(II) The collector is required to sell, but failure of the collector to sell 13

within the 2–year period does not affect the validity or [collectibility] COLLECTABILITY of 14

any tax, or the validity of any sale thereafter made. 15

(2) EXCEPT AS AUTHORIZED UNDER § 9–658(H) AND (I) OF THE 16

ENVIRONMENT ARTICLE, THE COLLECTOR MAY NOT SELL REAL PROPERTY SOLELY 17

TO ENFORCE A LIEN FOR UNPAID WATER, SEWER, OR SANITARY SYSTEM CHARGES, 18

FEES, OR ASSESSMENTS. 19

(b) In Calvert County the collector shall proceed to advertise and sell any real 20

property immediately after the tax is delinquent for a period of 1 year. 21

(c) In St. Mary’s County, the Board of County Commissioners shall set by 22

resolution the date and time of a tax sale. 23

(d) In Garrett County, the Board of County Commissioners shall set by resolution 24

the date and time of a tax sale. 25

[14–849.1. 26

(a) In Baltimore City, the Mayor and City Council may not sell a property solely 27

to enforce a lien for unpaid charges for water and sewer service unless: 28

(1) (i) for a property other than owner–occupied residential property, 29

the lien is for at least $350; or 30

HOUSE BILL 453 3

(ii) for an owner–occupied residential property, the lien is for at least 1

$750; and 2

(2) the unpaid charges for water and sewer service are at least 3 quarters 3

in arrears. 4

(b) (1) Notwithstanding subsection (a)(1)(i) of this section, the Mayor and City 5

Council may enforce a lien on a property other than owner–occupied residential property 6

for unpaid water and sewer service that is less than $350 if the property is being sold to 7

enforce another lien. 8

(2) Notwithstanding subsection (a)(1)(ii) of this section, the Mayor and City 9

Council may enforce a lien on owner–occupied residential property for unpaid water and 10

sewer service that is less than $750 if the property is being sold to enforce another lien.] 11

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 12

apply only prospectively and may not be applied or interpreted to have any effect on or 13

application to any liens attached to real property before the effective date of this Act. 14

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 15

October 1, 2017. 16

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.

*hb0918*

HOUSE BILL 918 M3 7lr1981

By: Delegates M. Washington, Angel, Brooks, Conaway, Frush, Glenn, Haynes,

Hettleman, C. Howard, Lam, Lewis, Lierman, Moon, Morhaim,

Pena–Melnyk, Platt, Queen, and Tarlau

Introduced and read first time: February 6, 2017

Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Environment – Water Services – Water Affordability Program 2

FOR the purpose of requiring a provider of certain types of water services to establish a 3

certain water affordability program; requiring a provider to establish a plan for 4

implementing a water affordability program on or before a certain date; requiring 5

the program to go into effect on or before a certain date; requiring a provider to 6

establish a certain annual cap on certain charges the provider assesses to certain 7

customers; authorizing a provider to require a customer to submit certain 8

documentation in order to participate in the program or continue participation in the 9

program; requiring a customer to consent to a certain review in order to participate 10

in the program, subject to certain exceptions; requiring a provider to determine 11

whether the program or other certain programs or discounts will offer the customer 12

the most affordable bill when a customer requests to participate or is continuing 13

participation in the program; requiring a provider to offer a customer the most 14

affordable program or discount as determined under this Act; establishing that a 15

customer’s payment under a program satisfies certain charges; requiring that a 16

customer’s certain arrears be adjusted to comply with a certain annual cap; requiring 17

a provider to restore terminated water service to a certain customer; authorizing a 18

provider to recover certain net costs associated with administering a program; 19

prohibiting a certain fixed fee for residential customers who are not participating in 20

the program from exceeding a certain amount; requiring each provider to make a 21

certain report to the General Assembly on or before a certain date and with a certain 22

frequency; specifying the contents of the report; providing that this Act does not 23

preempt a local government from establishing a certain program; defining certain 24

terms; and generally relating to water affordability programs. 25

BY adding to 26

Article – Environment 27

2 HOUSE BILL 918

Section 9–2A–01 through 9–2A–10 to be under the new subtitle “Subtitle 2A. Water 1

Affordability Program” 2

Annotated Code of Maryland 3

(2014 Replacement Volume and 2016 Supplement) 4

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5

That the Laws of Maryland read as follows: 6

Article – Environment 7

SUBTITLE 2A. WATER AFFORDABILITY PROGRAM. 8

9–2A–01. 9

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10

INDICATED. 11

(B) “CUSTOMER” MEANS A PERSON: 12

(1) WHO RECEIVES WATER SERVICE FROM A PROVIDER; AND 13

(2) (I) WHOSE HOUSEHOLD INCOME IS 150% OR LESS OF THE 14

FEDERAL POVERTY LEVEL MOST RECENTLY PUBLISHED BY THE U.S. DEPARTMENT 15

OF HEALTH AND HUMAN SERVICES; OR 16

(II) WHO THE PROVIDER DETERMINES IS FACING A FINANCIAL 17

HARDSHIP OR OTHER EXTENUATING CIRCUMSTANCE. 18

(C) “PROVIDER” MEANS ANY ENTITY THAT USES A PUBLIC RIGHT–OF–WAY 19

TO PROVIDE ONE OF THE FOLLOWING TYPES OF WATER SERVICE TO AT LEAST 100 20

RETAIL CUSTOMERS: 21

(1) PIPED CENTRALIZED WATER SERVICE TO RETAIL CUSTOMERS; 22

(2) WASTEWATER SERVICE TO RETAIL CUSTOMERS; OR 23

(3) STORMWATER SERVICE TO RETAIL CUSTOMERS. 24

9–2A–02. 25

(A) EACH PROVIDER SHALL ESTABLISH A WATER AFFORDABILITY 26

PROGRAM THAT PLACES AN ANNUAL CAP ON THE CHARGES A PROVIDER MAY ASSESS 27

FOR WATER SERVICES OFFERED TO A CUSTOMER, REGARDLESS OF WHETHER THE 28

CHARGE FOR THE WATER SERVICE IS COLLECTED BY: 29

HOUSE BILL 918 3

(1) AN ANNUAL TAX LEVY; 1

(2) A RATE; 2

(3) A CHARGE; 3

(4) A FEE; 4

(5) AN ASSESSMENT; OR 5

(6) ANY OTHER COLLECTION MECHANISM. 6

(B) EACH PROVIDER SHALL ESTABLISH A PLAN FOR IMPLEMENTING A 7

WATER AFFORDABILITY PROGRAM ON OR BEFORE JULY 1, 2018. 8

(C) THE WATER AFFORDABILITY PROGRAM SHALL GO INTO EFFECT ON OR 9

BEFORE JULY 1, 2019. 10

9–2A–03. 11

(A) A PROVIDER SHALL ESTABLISH AN ANNUAL CAP ON THE CHARGES THE 12

PROVIDER ASSESSES TO A CUSTOMER FOR THE PROVIDER’S WATER SERVICES. 13

(B) THE CHARGES ASSESSED UNDER AN ANNUAL CAP ESTABLISHED UNDER 14

SUBSECTION (A) OF THIS SECTION MAY NOT EXCEED 3% OF THE CUSTOMER’S 15

ANNUAL HOUSEHOLD INCOME. 16

9–2A–04. 17

(A) AS A CONDITION FOR PARTICIPATION IN A PROVIDER’S WATER 18

AFFORDABILITY PROGRAM, THE PROVIDER MAY REQUIRE THAT A CUSTOMER 19

PROVIDE DOCUMENTATION IN ORDER TO VERIFY THAT THE CUSTOMER MEETS THE 20

DEFINITION OF “CUSTOMER” UNDER § 9–2A–01 OF THIS SUBTITLE. 21

(B) IF A PROVIDER REQUIRES THAT A CUSTOMER PROVIDE 22

DOCUMENTATION UNDER SUBSECTION (A) OF THIS SECTION, THE PROVIDER SHALL 23

PROVIDE ADEQUATE NOTICE EVERY YEAR TO A CUSTOMER PARTICIPATING IN THE 24

PROVIDER’S WATER AFFORDABILITY PROGRAM THAT THE CUSTOMER MUST 25

PROVIDE DOCUMENTATION TO CONTINUE PARTICIPATION IN THE WATER 26

AFFORDABILITY PROGRAM. 27

9–2A–05. 28

4 HOUSE BILL 918

(A) TO PARTICIPATE IN A PROVIDER’S WATER AFFORDABILITY PROGRAM, A 1

CUSTOMER SHALL CONSENT TO AN ENERGY– AND WATER–USE REVIEW BY AN 2

ENERGY OR WATER AGENCY AUTHORIZED BY THE STATE. 3

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 4

FAILURE TO CONSENT TO AN ENERGY– AND WATER–USE REVIEW MAY RESULT IN THE 5

CUSTOMER’S EXCLUSION FROM PARTICIPATION IN THE WATER AFFORDABILITY 6

PROGRAM FOR THE FOLLOWING YEAR. 7

(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, A 8

CUSTOMER IS NOT REQUIRED TO CONSENT TO AN ENERGY– AND WATER–USE 9

REVIEW AS A CONDITION FOR PARTICIPATING IN A PROVIDER’S WATER 10

AFFORDABILITY PROGRAM IF: 11

(I) THE CUSTOMER’S LANDLORD REFUSES TO ALLOW THE 12

ENERGY– AND WATER–USE REVIEW; OR 13

(II) THE CUSTOMER FAILS TO PROVIDE MATCHING FUNDS FOR 14

THE ENERGY– AND WATER–USE REVIEW. 15

9–2A–06. 16

(A) (1) WHEN A CUSTOMER REQUESTS TO PARTICIPATE IN A PROVIDER’S 17

WATER AFFORDABILITY PROGRAM, THE PROVIDER SHALL DETERMINE WHETHER 18

THE WATER AFFORDABILITY PROGRAM OR A DIFFERENT PROVIDER PROGRAM OR 19

DISCOUNT WILL OFFER THE CUSTOMER THE MOST AFFORDABLE BILL. 20

(2) THE PROVIDER SHALL OFFER THE CUSTOMER THE MOST 21

AFFORDABLE PROGRAM OR DISCOUNT AS DETERMINED UNDER PARAGRAPH (1) OF 22

THIS SUBSECTION. 23

(B) (1) WHEN A PROVIDER VERIFIES A CUSTOMER’S HOUSEHOLD INCOME 24

OR FINANCIAL HARDSHIP FOR CONTINUED PARTICIPATION IN THE PROVIDER’S 25

WATER AFFORDABILITY PROGRAM UNDER § 9–2A–04(B) OF THIS SUBTITLE, THE 26

PROVIDER SHALL DETERMINE WHETHER THE ANNUAL CAP OR A DIFFERENT 27

PROVIDER PROGRAM OR DISCOUNT WILL OFFER THE CUSTOMER THE MOST 28

AFFORDABLE BILL. 29

(2) THE PROVIDER SHALL OFFER THE CUSTOMER THE MOST 30

AFFORDABLE PROGRAM OR DISCOUNT AS DETERMINED UNDER PARAGRAPH (1) OF 31

THIS SUBSECTION. 32

HOUSE BILL 918 5

9–2A–07. 1

(A) A CUSTOMER’S PAYMENT UNDER A WATER AFFORDABILITY PROGRAM 2

SHALL SATISFY ALL OF A PROVIDER’S SERVICES AND CHARGES FOR THE GIVEN 3

BILLING PERIOD. 4

(B) PAYMENT FOR ANY PRIOR ARREARS THAT A CUSTOMER OWES TO A 5

PROVIDER SHALL BE ADJUSTED TO COMPLY WITH THE ANNUAL CAP SPECIFIED 6

UNDER § 9–2A–03 OF THIS SUBTITLE. 7

(C) A PROVIDER SHALL RESTORE TERMINATED WATER SERVICE TO A 8

CUSTOMER WHO ENTERS: 9

(1) A WATER AFFORDABILITY PROGRAM; AND 10

(2) AN AGREEMENT WITH THE PROVIDER TO MAKE TIMELY 11

PAYMENTS FOR ALL FUTURE BILLS CHARGED UNDER A WATER AFFORDABILITY 12

PROGRAM. 13

9–2A–08. 14

(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, A PROVIDER MAY 15

RECOVER NET COSTS ASSOCIATED WITH ADMINISTERING A WATER AFFORDABILITY 16

PROGRAM IN ACCORDANCE WITH THIS SUBTITLE. 17

(B) IF A PROVIDER’S RECOVERY OF NET COSTS FOR THE ADMINISTRATION 18

OF A WATER AFFORDABILITY PROGRAM IS A FIXED FEE, THE FEE FOR RESIDENTIAL 19

CUSTOMERS WHO ARE NOT PARTICIPATING IN THE PROGRAM MAY NOT EXCEED $1 20

PER MONTH. 21

9–2A–09. 22

(A) ON OR BEFORE DECEMBER 31, 2021, AND EVERY 3 YEARS THEREAFTER, 23

EACH PROVIDER SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE 24

WITH § 2–1246 OF THE STATE GOVERNMENT ARTICLE, ON THE STATUS, FINANCES, 25

AND IMPACT OF THE PROVIDER’S WATER AFFORDABILITY PROGRAM REQUIRED 26

UNDER § 9–2A–02 OF THIS SUBTITLE. 27

(B) (1) THE REPORT REQUIRED UNDER SUBSECTION (A) OF THIS 28

SECTION SHALL INCLUDE A DETERMINATION OF THE ANTICIPATED NET FINANCIAL 29

IMPACT OF THE PROGRAM, IN ACCORDANCE WITH PARAGRAPH (2) OF THIS 30

SUBSECTION, ON CUSTOMERS WHO ARE NOT PARTICIPATING IN THE PROGRAM. 31

6 HOUSE BILL 918

(2) (I) WHEN DETERMINING THE ANTICIPATED NET FINANCIAL 1

IMPACT OF A WATER AFFORDABILITY PROGRAM, A PROVIDER SHALL CONSIDER: 2

1. A COMPARISON OF THE AMOUNT OF REVENUE 3

COLLECTED FROM CUSTOMERS PARTICIPATING IN THE PROGRAM BEFORE 4

PARTICIPATION AND AFTER PARTICIPATION; AND 5

2. SUBJECT TO SUBPARAGRAPH (II) OF THIS 6

PARAGRAPH, GROSS EXPENSE IMPACTS, INCLUDING THE INCREMENTAL EXPENSES 7

CAUSED DIRECTLY BY THE OPERATION OF THE PROGRAM. 8

(II) GROSS EXPENSE IMPACTS SHALL BE REDUCED BY: 9

1. DECREASES IN STANDARD UTILITY OPERATING 10

EXPENSES; 11

2. DECREASES IN COSTS ASSOCIATED WITH 12

UNCOLLECTABLE ACCOUNTS; AND 13

3. DECREASES IN A PROVIDER’S WORKING CAPITAL 14

ASSOCIATED WITH A REDUCTION IN THE UNPAID BILLS OF A CUSTOMER 15

PARTICIPATING IN THE PROGRAM. 16

9–2A–10. 17

THIS SUBTITLE DOES NOT PREEMPT A LOCAL GOVERNMENT FROM 18

ESTABLISHING A WATER AFFORDABILITY PROGRAM THAT IS MORE PROTECTIVE 19

THAN THE STANDARDS ESTABLISHED IN THIS SUBTITLE. 20

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21

October 1, 2017. 22