Title 1. Definitions; General Provisions — Subtitle 13. Miscellaneous

In this section the following words have the meanings indicated.

“Department” means the State Department of Assessments and Taxation.

“Governing authority” means:

counties;

municipalities;

bicounty or multicounty agencies;

public authorities;

special taxing districts; and

any other political subdivision or unit of a political subdivision of the State.

a resident of the State;

a Maryland corporation; or

an officer of the governmental entity.

a certification of the person who the charter of the governmental entity authorizes to accept service of process for the governmental entity; or

absent a charter designation, a certified copy of a resolution of the governmental entity’s governing authority that authorizes the designation.

A governmental entity may change the address for its resident agent by filing for record with the Department a statement of the change signed by the chair or other principal officer of the governing authority of the governmental entity.

A resident agent whose address changes may notify the Department by filing for record with the Department a statement of the change signed by or for the resident agent.

Service of process on the resident agent of a governmental entity constitutes effective service of process under the Maryland Rules on the governmental entity in an action brought against the governmental entity.

Any notice required by law to be served by personal service on the resident agent or any other agent or officer of a governmental entity may be served in the manner provided by the Maryland Rules that relate to service of process on governmental entities.

Service under the Maryland Rules is equivalent to personal service on the resident agent or other agent or officer of a governmental entity.

whether it also adopts by reference any amendments to the State law or regulation effective after the local adoption of the State law or regulation by reference; and

any exceptions to the State law or regulation if the State law or regulation authorizes local options.

does not affect any requirement that a county or municipality form and maintain a local program, plan, or standard, including implementation and enforcement processes, required under any State law or any regulation adopted under the authority of that law; and

if a State law or regulation adopted under the authority of that law authorizes local options, does not grant more authority than is granted by that law or regulation.

the severity of the violation;

the good faith of the violator; and

any history of prior violations.

In this section the following words have the meanings indicated.

was lawfully erected and maintained under a State, county, or municipal law or ordinance; and

is removed or required to be removed by the county or municipality.

a certificate of compliance with the Maryland Workers’ Compensation Act; or

the number of a workers’ compensation insurance policy or binder.

were incarcerated in State or federal correctional facilities, as determined by the decennial census; and

were not residents of the State before their incarceration; and

in proportion to the number of lower income housing units of a development; and

shall be responsible for the maintenance of the street lighting equipment; and

may contract with an outside entity for the maintenance of the street lighting equipment.

Any person who controls the right to use space on any pole, lamppost, or other mounting surface previously used in the county or municipality by the electric company for street lighting equipment shall allow a county or municipality that has purchased the street lighting equipment to assume the rights and obligations of the electric company with respect to the space for the unexpired term of any lease or other agreement under which the electric company used the space.

Notwithstanding paragraph (1) of this subsection, the county or municipality may not restrict or prohibit universal access for electricity or any other service by assuming the rights and obligations of an electric company as to space on any pole, lamppost, or other mounting surface used for street lighting equipment.

Any dispute between an electric company and a county or municipality arising under this subsection shall be submitted to the Public Service Commission for resolution.

Each county or municipality that owns or operates a swimming pool shall develop and implement an automated external defibrillator program that meets the requirements of § 13–517 of the Education Article for each swimming pool owned or operated by the county or municipality.

The program required under paragraph (1) of this subsection shall include provisions that:

establish guidelines for periodic inspections and annual maintenance of the automated external defibrillators; and

assist each county or municipality in carrying out the provisions of this section.

standards and guidelines for identifying appropriate bridges and other transportation facilities to be considered for the provision or improvement of water access under this section; and

best practices and cost effective strategies for accommodating water access under this section.

In this section the following words have the meanings indicated.

“Alarm system contractor” has the meaning stated in § 12–806 of this article.

“Alarm user” has the meaning stated in § 12–806 of this article.

the alarm system contractor requested a dispatch to an alarm user; and

the alarm system contractor failed to register the alarm system.

the alarm system contractor requested a dispatch to an alarm user;

the alarm system contractor failed to renew the alarm system’s registration; and

the county or municipality provided the alarm system contractor notice that:

Within the first 12 months of employment, a new officer of a humane society or animal control shall satisfactorily complete at least 80 hours of training for animal care and control professionals that is approved by the appropriate unit of a county or municipality.

The training shall include instruction on:

The unit of the county or municipality may require other training in addition to the training specified in paragraph (2) of this subsection.

An officer of a humane society or animal control shall satisfactorily complete at least 6 hours of continuing education approved by the appropriate unit of a county or municipality every year.

The continuing education shall include instruction on the current laws applicable to officers.

Subject to paragraph (2) of this subsection, an animal control facility operated by a county or municipality shall waive the adoption fee for a dog or cat adopted by a veteran who presents a valid driver’s license or identification card issued by the Motor Vehicle Administration that includes a notation of veteran status in accordance with § 12–302 of the Transportation Article.

An animal control facility may limit the number of adoption fee waivers granted to an individual under this subsection to one dog and one cat within a 6–month period.

support or oppose an employee organization that represents or seeks to represent the employees of the county or municipality; or

become a member of an employee organization.

addressing a grievance or negotiating or administering a collective bargaining agreement;

allowing an employee organization or a representative of an employee organization access to and use of a county’s or municipality’s facilities or properties;

performing an activity required by federal or State law or a collective bargaining agreement;

negotiating, entering into, or carrying out a voluntary recognition agreement with an employee organization; or

paying wages to a represented employee while the employee is performing duties if the payment is permitted under a collective bargaining agreement.

may not preclude amateur radio communications;

shall reasonably accommodate amateur radio communications; and

shall constitute the minimum practicable regulation to accomplish the legitimate purpose of the ordinance.

In this section the following words have the meanings indicated.

“Invasive bamboo” means nonnative bamboo that is characterized by aggressive spreading behavior, including bamboo species in the genus Phyllostachys.

“Listed invasive tree” means any tree on the “Maryland Prohibited Invasive Plant List” posted by the Department of Agriculture.

“Native tree replacement program” means a program whereby a person receives a native tree in exchange for removing and eradicating an invasive tree.

“Tree of heaven” means the Ailanthus altissima tree species.

selling invasive bamboo, listed invasive trees, or trees of heaven;

planting invasive bamboo, listed invasive trees, or trees of heaven;

allowing invasive bamboo to grow on the property of the person without proper upkeep and appropriate containment measures, including barriers or trenches; and

allowing trees of heaven or other listed invasive trees to grow on the person’s property.

requiring any damages caused by invasive bamboo, listed invasive trees, or trees of heaven to be mitigated; and

establishing a civil fine.

an invasive tree to be properly identified consistent with the species page published by the University of Maryland agriculture extension; and

the invasive species, after being properly identified, to be removed or eradicated according to professionally accepted methods or consistent with methodology on the species page published by the University of Maryland agriculture extension.

In this section the following words have the meanings indicated.

“Condominium association” means a council of unit owners, as defined in § 11–109 of the Real Property Article, subject to the provisions of the Maryland Condominium Act.

“Homeowners association” means a homeowners association, as defined in § 11B–101 of the Real Property Article, subject to the provisions of the Maryland Homeowners Association Act.

A county or municipality may establish a local trust fund or other appropriate fund for the purpose of repairing or rehabilitating infrastructure within communities that are subject to the requirements of the Maryland Condominium Act or the Maryland Homeowners Association Act.

A fund created under paragraph (1) of this subsection:

A fund established by a county or municipality under subsection (b) of this section shall consist of:

A county or municipality shall assign property tax revenues paid to the county or municipality by the unit owners in a condominium association or the lot owners in a homeowners association to a fund established in accordance with this section as follows:

Subject to paragraph (2) of this subsection, a county or a municipality may establish eligibility requirements for the award of funds to a condominium association or homeowners association.

In this section the following words have the meanings indicated.

“Administration” means the Maryland Energy Administration.

“Residential energy storage system” means a system, on a residential customer’s side of the meter, used to store electrical energy, or mechanical, chemical, or thermal energy that was once electrical energy, for use as electrical energy at a later date or in a process that offsets electricity use at peak times.

“Residential solar energy system” means any configuration of solar energy devices that collects and distributes solar energy for the purpose of generating electricity and that has a single residential interconnection with the electrical grid.

“Restriction on use” has the meaning stated in § 2–126 of the Real Property Article.

“Solar permitting fee” means a fee equal to the sum of all charges imposed by a county or municipality, including charges imposed by a provider of solar permitting software, in connection with an application for a residential solar energy system.

“Solar permitting software” means software or a combination of software that:

This section applies to all counties and municipalities.

This section does not apply to a restriction on use on:

Subject to subsection (d) of this section and except as provided in subsection (e) of this section, on or before August 1, 2027, each county and municipality shall implement solar permitting software for features supporting the application submission, tracking, and approval of residential building permits for:

A county or municipality shall:

Review of a permit application to install a residential solar energy generating system that is submitted using solar permitting software shall be limited to a determination whether the application meets all health and safety requirements under State and local law.

A county or municipality shall complete any manual review of a software–approved permit within 5 business days after the permit is approved.

An inspector may review construction documents that are produced by the solar permitting software.

the county or municipality does not require a permit for:

as determined by the Administration, the automated software is no longer updated or maintained.

Subject to paragraph (2) of this subsection, an electric company, other than a municipal electric utility or a third–party contractor for the electric company, shall perform any meter disconnection and reconnection necessary for the interconnection of a residential solar energy system or residential energy storage system within 5 business days after receiving a properly completed request from the owner or installer of the system.

An electric company may authorize qualified personnel who are not associated with the electric company to perform any meter disconnection and reconnection necessary for the interconnection of a residential solar energy system or a residential energy storage system.

This subsection may not be construed to alter requirements for small generator facility interconnection standards established by the Public Service Commission.