WEEKLY LEGISLATIVE REPORT (Friday, February 12, 2016)
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1 A. STATE LEGISLATION I. WSSC Sponsored Legislation WEEKLY LEGISLATIVE REPORT (Friday, February 12, 20) Bill # Title/Description Sponsors Notes PG/MC105- WSSC PG/MC107- Washington Suburban Sanitary Commission Board of Ethics Subpoena Power Authorizes WSSC s Board of Ethics ability to issue subpoenas for the attendance of witnesses to testify or to produce other evidence; and provides that subpoenas may be judicially enforced. WSSC Position: Support Washington Suburban Sanitary Commission Commission Study Requires WSSC to conduct a study of the compensation of the Commissioners of the WSSC and requires the Commission to fund the cost of this study and report its findings to the County Executives and County Councils in Prince George s and Montgomery County. WSSC Position: Support WSSC Scheduled for a hearing in the Montgomery County Metro Washington Area Committee on 1/18/, 2/1/ and 2/8/ but was not heard. Moved Favorable in the Montgomery Metro Washington Area Committee on 1/18/. Moved Favorable in the Montgomery County Delegation on 1/22/ (20-0). Scheduled for a hearing in the Prince George s Bi- County Committee on 1/28/ but was not heard. 2. Other WSSC Legislation Bill # Title/Description Sponsors Notes PG/MC104- Washington Suburban Sanitary Commission Budget Approval Establishes the funding level for an item in the capital or operating budget of WSSC that the counties fail to concur and the funding level for the budget if the counties fail to approve the capital or operating budget. Chair, Prince George s County Delegation Heard in the Prince George s County Bi- County Committee on 1/21/ and an amendment was introduced. Bill held until 1/28/. Bill heard in the Committee on 1/28/ and received a Favorable vote (6-0). Bill heard in the Prince George s House Delegation on 1/29/ and received a Favorable vote
2 PG/MC106- PG/MC108- (20-0). This bill has moved to the Montgomery County Metro Washington Area Committee. Bill scheduled for a hearing on 2/8/ but was not heard. Moved Favorable in the Metro Washington Area Committee on 1/18/. Moved Favorable in the Montgomery County House Delegation on 1/22/ (20-0). Bill scheduled for a hearing in the Prince George s Bi- County Committee on 1/28/ but was not heard. Bill is being held in the Bi- County Committee. Heard in the Montgomery County Metro Washington Area Committee on 1/18/ and 2/8/. This bill received a Favorable vote with Barkley Amendment on 2/8/ (4-0). This bill received a Favorable unanimous vote in the Montgomery County House Delegation on 2/12/. The bill will now go to the Prince George s Bi- County Committee. Moved Favorable in the Metro Washington Area Committee on 1/18/. Moved Favorable in the Montgomery County House Delegation on 1/22/ (20-0). Bill scheduled for a hearing in the Prince George s Bi- County Committee on 1/28/ but was not heard. Bill is being held in the Bi- County Committee. PG/MC113-2 Washington Suburban Sanitary Commission Members Annual Salary Alters the annual salary of the members of the Washington Suburban Sanitary Commission. WSSC Position: No Position Washington Suburban Sanitary Commission Ratemaking Structure Review by Office of Legislative Audits Requires the State of Maryland Office of Legislative Audits to complete a review of the ratemaking structure of WSSC that compares WSSC with other water and sewer utilities in the State and nationally that are comparable in size. WSSC Position: Support with Barkley Amendment Washington Suburban Sanitary Commission Drinking Water - Testing Alters the cycle of testing of drinking water in the Commission s system for unregulated contaminants included in the U.S. EPA s third cycle to the LATEST cycle of unregulated contaminants monitoring, in accordance with Title XIV,1445(a)(B)(i) of the federal Public Health Act. WSSC Position: Support Del. Carr Del. Barkley Del. Smith PG/MC115- Washington Suburban Sanitary Commission Polybutylene Connection Pipe Del. Walker Heard as a late-filed bill in the Prince
3 Replacement Loan Program Delegate Walker Requires WSSC to establish a Polybutylene Pipe Replacement Loan Program for replacement of pipes on properties by a licensed plumber he program requires customers to repay the loan through a charge on the customer s water and sewer bill and provides that the loan is a lien against the property. WSSC Position: Pending Commission vote on 2/17/ PG/MC 1- Washington Suburban Sanitary Commission Commissioners Appointed from Montgomery County Qualifications Repeals the requirement that not more than two members of the WSSC from Montgomery County be of the same political party. Del. Carr George s County House Delegation on 2/8/ and moved Favorable with unanimous vote. Moved Favorable as a late-filed bill in the Montgomery County Delegation on 2/12/. This bill was heard on 1/18/ and held. The bill was rescheduled for a hearing on 2/1/ and 2/8/ but was not heard. 3. Environmental and other Statewide Legislation being monitored Bill # Title/Description Sponsors Notes SB 17 Open Meetings Act Retention of Minutes and Tape Recordings Revision Increases the number of years a public body is required to keep a copy of written minutes of the open session and any tape recordings Senator Reilly HB 61 HB 128 HB 325 SB356 3 Environment Solid Waste, Recycling, and Anaerobic Digestion Delineates the requirements for persons operating an anaerobic digestion facility Public Utilities Termination of Service to Multi-Family Dwelling Unit Notification to Property Manager Requires a public service company providing gas or electric services to a multi-family dwelling to notify the property manager if service is being terminated to a customer. Bay Restoration Fund Use of funds Nutrient Credit Purchase Authorizes the use of the Bay Restoration Funds for costs associated with the purchase of nitrogen and phosphorus nutrient credits. Local Government Tort Claims Act and Maryland Tort Claims Act Statute of Limitations and Repeal of Certain Notice Requirements Repeals a notice requirement for a claim and the requirement that a claimant submit a claim within a certain period of time. WSSC Position: Pending Commission vote on 2/17/ Chair, EHE Delegate Jackson Chair, E&T Senator Zirkin Will be scheduled for a hearing in the Senate Education, Health and Environment (EHE) Committee Heard in the House Environment and Transportation (E&T) Committee on 1/27/. Scheduled for First Reading in the House on 1/25/. Assigned to the House Economic Matters Committee Environment and Transportation (E&T) Committee on 2/10/. Bill received a First Reading in the Senate on 1/28/. HB 393 Award of Attorney s Fees and Expenses Violation of Maryland Constitutional Right Delegate Carter Bill received a First Reading in the
4 SB 362 SB 155 HB 221 HB 402 SB 671 HB 742 HB 851 HB 527 HB 854 SB 528 HB Authorizes a court to award a prevailing plaintiff reasonable attorney s fees and expenses in action to remedy a Maryland Constitutional right. WSSC Position: Pending Commission vote on 2/17/ Public Bodies Use and Retention of Requirements Prohibits an employee of a public body from creating or maintaining government by using a personal account. Public Safety Law Enforcement Officers Prohibits a supervisor or head of a law enforcement agency from threatening or taking retaliatory action against a law enforcement officer who discloses information. Public Information Act Personal and Investigatory Records Formal Complaints Against Public Employees Establishes that a person is a person of interest under the Public Information Act and that certain records do not constitute personal records under the Act. WSSC Position: Pending Commission vote on 2/17/ Environment Water Service Shut Off Protection Act Authorizes a provider of water and sewerage service to temporarily shut off service and requires a provider to mail notices, post notices and keep records of shut-offs. WSSC Position: Pending Commission vote on 2/17/ Counties Paid Sick Leave For Limited-Term Grant-Funded Employees Requirement Requires a county to provide an employee whose position is funded through a limitedterm grant with paid sick leave. Hartford County Department of Public Works Smart Water Meters Requires the Hartford DPW to provide customers with notice of the intention to install smart water meters and to establish a process to deem if a customer has given permission for same. State Highway Administration Relocation of Water or Sewer Lines Cost Sharing Requires the SHA to notify the political subdivision, that owns water or sewer line that must be relocated because of a federal project, of the cost of relocation and share the cost of relocation with the subdivision. General Provisions Open Meetings Act Required Training and Certificate of Compliance Expands the scope of the training requirements under the Open Meetings Act to include all employees, officials and members of a public body and specifies a time period to complete specified training. Senator Muse Senator Reilly. Delegate Carter Delegate Barron Senator Muse Delegate M. Washington Delegate Healey Delegate Glass Del. Lisanti Senator Bates Del. W. Miller House on 1/28/. Bill received a First Reading in the Senate on 1/28/. Education, Health and Environment (EHE) Committee on 2/3/ Judiciary Committee on 2/23/. Bill received a First Reading in the House on 1/28/. Scheduled for a hearing in the Senate Health and Environmental Affairs Committee on 3/3/. Bill scheduled for a hearing in the House Environment and Transportation (E&T) Committee on 2/24/. Bill scheduled for a hearing in the House Economic Matters Committee on 3/1/. Bill heard in the House Economic Matters Committee on 2/11/. Environment and Transportation (E&T) Committee on 3/10/. Affairs (EHE) Committee on 2/25/. Health and Government Operations
5 SB 529 SB 598 HB 823 SB 754 HB1088 SB 930 HB 947 SB 934 HB 637 HB 984 HB 989 SB Open Meetings Act Requirements for Providing Agendas Requires a public body to provide an agenda of the open portion of a meeting at least 24 hours before the meeting. General Provisions Open Meetings Act Enforcement and Training Authorizes the Open Meetings Law Compliance Board to issue orders and impose civil penalties and expands the scope of training requirements under the Open Meetings Act to include all employees. Open Meetings Act Annual Reporting Requirement, Enforcement, and Training Alters the annual reporting requirement of the Open Meetings Law Compliance Board and authorizes the Board to issue orders for corrective action and to impose civil penalties. Public Information Act Inspection of Records from Body Worn Digital Recording Devices Requires a custodian of records to deny inspection of the part of a recording from a body-worn digital recording device worn by a law enforcement officer. Local Government Tort Claims Act Notice Requirement Exception Provides an exemption to a notice requirement for a claim under the Local Government Tort Claims Act. Open Meetings Act Retention of Minutes and Recordings- Revision Increases the number of years that a public body is required to keep a copy of specified minutes of the open session and any recordings made under provisions of law. Residential Real Property Sales Contracts Notice of Water and Sewer Charges Clarifies changes to the notice requirement about water and sewer charges in a contract for the initial sale of residential real property that is served by public water or wastewater facilities for which deferred water and sewer charges have been established by a recorded covenant or declaration. Senator Bates Senator Manno Delegate Morales Senator Raskin Del. Cullison Sen. Ferguson Del. Sydnor Senator Manno Delegate Smith Delegate Saab Del. Holmes Senator Muse (HGO) Committee on 2/24/. Affairs Committee (EHE) on 2/25/. Affairs Committee (EHE) on 2/25/. Health and Government Operations Committee (HGO) on 2/24/. Affairs Committee on 3/3/. Bill received a First Reading in the Hose on 2/11/. Judicial Proceedings Committee on 3/1/. Scheduled for a hearing in the House Judiciary Committee on 2/23/. Judicial Proceedings Committee on 3/3/. Scheduled for a hearing in the House Judiciary Committee on 2/17/. Received a First Reading in the House on 2/10/. Environment and Transportation Committee (E&T) on 3/1/. Judicial Proceedings Committee on 3/3/.
6 HB 711 SB 643 SB 831 HB1471 State Plumbing Code Adoption of International Code Council Standards Requires the State Board of Plumbing to adopt by regulation the International Plumbing Code and the International Fuel Gas Code. State Board of Plumbing State Plumbing code Adoption and Enforcement Requires the State Board of Plumbing to adopt the National Standard Plumbing Code as the State Plumbing Code. Del. Barkley Senator King Senator Conway Del. Vaughn Economic Matters Committee on 2//. Scheduled for a hearing in the Senate Education, Health and Environmental Affairs Committee (EHE) on 2/25/. Scheduled for a hearing in the Affairs Committee on 2/25/. 4. Legislation Withdrawn PG/MC 101- Washington Suburban Sanitary Commission Eminent Domain Elimination of Quick Take Authority in Prince George s County Repeals the authority of WSSC to acquire property in Prince George s County by using a quick take condemnation process. WSSC Position: Oppose Delegate Knotts Withdrawn by Sponsor 1/21/ 6
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