In this subtitle the following words have the meanings indicated. “Communication service” means the transmission of intelligence by electrical means. “Communication service” includes the transmission of intelligence by telephone lines, telegraph lines, messenger–call, police, fire alarm, and traffic control circuits and circuits used to transmit standard television or radio signals. “Conversion” means to convert an overhead electric or communication facility. “Convert” means to remove all or part of an existing overhead electric or communication facility and to replace it at the same or another location with an underground electric or communication facility. “Electric or communication facility” means a works or improvement used or useful in providing electric service or communication service. “Electric or communication facility” includes poles, supports, tunnels, manholes, vaults, conduits, ducts, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. “Electric or communication facility” does not include a facility that: uses or is intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts; or is owned, used by, or provided for a railroad or pipeline and located on or above the right–of–way of the railroad or pipeline. “Electric service” means the distribution of electricity for heat, light, or power. “Public agency” means a county, municipal corporation, special district, or public corporation that provides electric service or communication service to the public by means of an electric or communication facility. “Public agency” does not include a county, municipal corporation, special district, or public corporation that conducts a proceeding for a conversion under this subtitle. “Public utility” means a person that provides electric or communication facilities.

The General Assembly finds that, in many areas of the State, landowners, cities, counties, municipal corporations, public agencies, and public utilities desire to convert existing overhead electric or communication facilities to underground locations through proceedings under this subtitle. The General Assembly declares that: a public purpose will be served by providing a procedure to convert existing overhead electric or communication facilities to underground locations; and it is in the public interest to provide for a conversion through proceedings established under this subtitle.

This subtitle does not apply in Baltimore County.

This subtitle does not limit the authority of the Commission under this article, the Maryland Constitution, or any other law whether by statute or court decision. This subtitle does not limit the authority of the Commission to determine whether, in what manner, and by whom costs are to be assessed, paid, recovered, or absorbed when an underground electric or communication facility is converted, constructed, operated, maintained, repaired, replaced, or enlarged.

A county or municipal corporation shall adopt rules and regulations to carry out this subtitle.

Proceedings under this subtitle may be used to: convert an existing electric or communication facility; and construct, reconstruct, or relocate any other related electric or communication facility.

Proceedings for a conversion must be initiated by petition filed under § 12-308 of this subtitle. The petition shall: define generally the proposed conversion; request that proceedings for the proposed conversion be initiated under this subtitle; and describe the proposed conversion district by: specifying its exterior boundaries; providing a description of the proposed conversion district according to an official or recorded map; or referring to a plat or map filed with the petition that indicates the proposed conversion district by boundary line. A petition for proceedings for a conversion must be signed by not less than 20 landowners within the proposed conversion district whose property constitutes more than 80% of the assessed value of property within the proposed conversion district. For purposes of this subsection, the assessed value of the property shall be determined by the last assessment roll used by the county or municipal corporation.

The petition shall be filed with the clerk of the legislative body of the county or municipal corporation in which the proposed conversion district is located. After a petition is filed under subsection (a) of this section, the clerk shall review the petition. If the petition is signed by the number of qualified landowners required under § 12-307 of this subtitle, the clerk shall execute a certificate of sufficiency and present the petition and certificate to the legislative body.

On presentation of the petition and the certificate of sufficiency from the clerk under § 12-308 of this subtitle, the legislative body of the county or municipal corporation may adopt a resolution that declares its intent to: order the conversion described in the petition; and enter into an agreement with a public agency or public utility that provides for plans and specifications, contributions of labor, materials, or money, and payment for any work, improvement, or service proposed under the petition. In addition to a general description of the proposed conversion and the proposed conversion district, the resolution of intent shall contain a notice that states the date, hour, and place at which a person with an objection to the proposed conversion may appear at a public hearing before the legislative body, or its designated committee, and show cause why the proposed conversion should not be carried out in accordance with the resolution of intent and why a resolution ordering the conversion should not be adopted. The public hearing required by subsection (b) of this section shall be held not less than 15 days and not more than 60 days after the date the resolution of intent is adopted. A legislative body, or its designated committee, need not provide notice and a public hearing under this section if, when considering the adoption of a resolution of intent, the legislative body finds and determines by four-fifths vote that, on or before the fifth day before the day that the resolution of intent will be considered for adoption, all of the landowners, or their agents, within the proposed conversion district to be assessed have signed and filed a petition with the clerk of the legislative body waiving their right to a public hearing. A petition filed under paragraph (1) of this subsection shall include: a statement that, to the extent of the proposed conversion district to be assessed, the landowners do not object to the proposed conversion, or to an agreement proposed to be made under § 12-311 of this subtitle, and do not have any other objection; and a request that the legislative body, or its designated committee, not hold a public hearing. During the 15 days after the public hearing, if held, landowners within the proposed conversion district may certify the withdrawal of their names from the petition for conversion. A petition for conversion shall be considered withdrawn if the number of landowners certifying their withdrawal is such that the remaining signatures of landowners on the petition constitute less than 50% of the total assessed value within the proposed conversion district.

After receipt of a petition under § 12-308 of this subtitle, the legislative body of the county or municipal corporation shall order an investigation and a report on the petition. The report shall include: the nature of the conversion; the estimated cost of the conversion and the proceedings for the conversion; funds available from other sources to pay the costs of conversion; existing assessments; the estimated conversion costs on each parcel; and the maturity date and probable interest rate of any bonds to be issued. Engineering details and cost estimates included in the report may not be in any greater detail than necessary for the formulation of a judgment on the feasibility and expense of the proposed conversion. The report shall be available to the public: when the notice required under § 12-309 of this subtitle is published; and at the public hearing, if held, established in the notice.

In a proceeding for a conversion, the county or municipal corporation and any public agency or public utility supplying electric service or communication service with the county or municipal corporation shall provide by agreement that: at the start or on completion of the conversion, the public agency or public utility has legal title to the electric or communication facilities; and the electric or communication facilities are: a part of the system of the public agency or public utility; and to be used, operated, maintained, and managed by the public agency or public utility as part of its system. Subject to any rules, regulations, or tariffs applicable to the public agency or public utility, the agreement also shall provide for the following: the supplying of or approval by the public agency or public utility of plans and specifications related to the conversion and labor or materials to be used in the conversion; and the performance by the public agency or public utility of all or part of the conversion or improvements and payment to the public agency or public utility for the conversion or improvements. An agreement made under this section must be made before the legislative body of the county or municipal corporation adopts a resolution ordering the conversion. If the proceeding for a conversion is discontinued: any agreement made under this section is void; the petitioners shall reimburse the public agency or public utility for engineering and other preliminary expenses incurred that exceed $2,500; and the petitioners or the county or municipal corporation may not reimburse the public agency or public utility for engineering and other preliminary expenses incurred that are $2,500 or less. If the proposed conversion is completed, any engineering and other preliminary expenses incurred by the public agency or public utility shall be included as part of the cost of the conversion. Before an agreement made under this section takes effect, the Commission may conduct proceedings and shall: determine that the agreement is in the public interest; and issue an order to approve the agreement, disapprove the agreement, or approve the agreement subject to specified conditions.

After approval by the Commission of an agreement under § 12-311 of this subtitle and, if required, a public hearing in accordance with § 12-309 of this subtitle, the legislative body of the county or municipal corporation may adopt a resolution ordering the conversion to be completed in accordance with the resolution. The resolution shall include: a description of the proposed conversion district; the method of financing the conversion costs, including: the issuance of bonds or other evidence of indebtedness; an advance from the general fund of the county or municipal corporation; or direct payment by the landowners in the conversion district of their respective shares of the conversion costs; and the amount and duration of property taxes to be levied in the conversion district each year for repayment of any bonds, evidence of indebtedness, or any advances from the general fund of the county or municipal corporation.

Subject to applicable rules, regulations, tariffs, or ordinances, the landowner is responsible for the costs of construction, reconstruction, relocation, or conversion of all electric or communication facilities of a public agency or public utility from the point of attachment of the electric or communication facility to any improvements located on the landowner’s property within a conversion district. The contractor, public agency, public utility, county, or municipal corporation performing the conversion is responsible for the conversion of all electric or communication facilities to the point of attachment to any improvements located on property within the conversion district. The conversion costs incurred under paragraph (1) of this subsection shall be included in the total conversion costs that are to be assessed against the property.

At least 15 days before the date of commencement of construction, the clerk of the legislative body of the county or municipal corporation shall mail a notice to each landowner within the conversion district that informs the landowner of the provisions of § 12-313 of this subtitle. The clerk shall use the names and addresses from the most recent property assessment roll of the county or municipal corporation, or as otherwise known by the clerk. The notice mailed under subsection (a) of this section shall include a statement that, unless the landowner complies with the requirements of § 12-313 of this subtitle, all buildings, structures, and other improvements located on the property may be disconnected from the overhead electric or communication facilities that provide electric service or communication service to the buildings, structures, or other improvements.

If a landowner fails to comply with § 12-313 of this subtitle, all overhead electric or communication facilities providing electric service or communication service to any building, structure, or other improvement on the property shall be disconnected and removed. At least 5 days before the disconnection, the landowner shall be provided written notice of the disconnection by leaving a copy of the notice at the principal building, structure, or other improvement located on the property.

This section does not authorize a county or municipal corporation to avoid compliance with any competitive bidding requirements for a conversion or improvement to be performed by a private contractor. Provisions in State, county, or municipal law that require competitive bidding do not apply to a conversion or improvement performed by: a county, municipal corporation, public agency, or public utility; or a department, agency, commission, or office of a county or municipal corporation.

In accordance with its charter or a public general law or public local law, a county or municipal corporation may issue bonds or other evidence of indebtedness to carry out this subtitle. To pay the principal and interest on bonds or other evidence of indebtedness or an advance from its general fund, a county or municipal corporation may levy property taxes on the assessed value of all real property and classes of assessable personal property within the conversion district.