# Public Utilities (GPU)

## Title 23. Water, Sewers, and Drainage

### Subtitle 3. Capital Improvements Program

#### Section 23-301

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Major project" means an extension, project, or program of water and sewer facilities.

  (2) "Major project" includes:

    (i) a sewer main at least 15 inches in diameter;

    (ii) a water main at least 16 inches in diameter; and

    (iii) a sewage or water pumping station, force main, and storage or other major facility.

  (3) "Major project" does not include a sewer main or water main that:

    (i) provides only local service;

    (ii) is 2,000 feet or less; and

    (iii) is built to avoid unnecessary and uneconomical duplication when a major project is constructed.

(c) "Program" means a 6-year projected program by the Commission of capital improvements for water and sewer facilities.

#### Section 23-302

(a) In this subtitle, the requirements and responsibilities of the county executives and county councils or successor forms of governments shall be performed separately or jointly by the branches of the respective county governments as provided by charter or other law.

(b) The designation of a specific branch of county government is not intended to expand, limit, modify, or vary the powers and duties of the county executives and county councils of Montgomery County or Prince George's County.

#### Section 23-303

A Program shall include:

(1) the major projects that the Commission determines may be required in each of the next 6 fiscal years:

  (i) in the sanitary district; and

  (ii) in geographical areas outside the sanitary district that the Commission determines are appropriate to include in the Program;

(2) a statement of the objectives and the relationship to the long-range development plans designated by each county for each major project;

(3) a projected construction schedule, an estimate of cost, and a statement of funding sources, including contributions that may be required for the construction of a major project;

(4) the information and documentation for each major project that the Commission is required to submit for the 6-year period covered by the Program under Title 9, Subtitle 5 of the Environment Article;

(5) the addition of a new major project and the deletion, modification, or rescheduling of a previously approved major project for which a construction contract has not been awarded or will not be awarded during the fiscal year in which the Program is being submitted;

(6) an indication, by major project, of the mains for which construction contributions have been made or committed and the amounts of contributions as of the date of the preparation of the Program;

(7) additional information for major projects for which contributions are made or committed before approval or amendment of the Program; and

(8) for each major project, as applicable:

  (i) the estimated maximum diameter, length, and location of water and sewer mains;

  (ii) the design capacity and approximate location of pumping stations;

  (iii) the maximum population that could be served by each sewer construction item as the item is proposed to be designed;

  (iv) the maximum area limits that could be served by gravity systems for each sewer system construction item and the area that each item is designed to serve, with the area limits set forth in a general narrative statement and on a map;

  (v) the demonstrated need for each major project, including a presentation of appropriate facts justifying the proposed construction; and

  (vi) the estimated cost of each construction item in the Program.

#### Section 23-304

(a) Before October 1 of each year, the Commission shall prepare and submit a Program to the County Executive and County Council of Montgomery County and the County Executive of Prince George's County.

(b) In Montgomery County, the County Executive shall submit recommendations and suggested amendments about the Program to the County Council as an integral part of the comprehensive 6-year Capital Improvements Program required by the Montgomery County Charter.

(c) In Prince George's County, the County Executive shall submit the Program, together with comments, recommendations, and suggested amendments, to the County Council.

#### Section 23-305

(a) Before final action on a Program is taken, public hearings shall be held on the Program.

(b) The public hearings may be conducted in conjunction with public hearings on the 6-year programs or capital budgets of Montgomery County, Prince George's County, or other agencies.

#### Section 23-306

(a) The county councils of Montgomery County and Prince George's County shall approve, disapprove, or modify a Program.

(b) The county councils of Montgomery County and Prince George's County shall seek the advice and recommendation of the Maryland-National Capital Park and Planning Commission in reviewing a Program.

(c) The county councils of Montgomery County and Prince George's County may designate a water or sewer main for controlled or limited access for service to designated areas within the respective county.

(d)

  (1) A modification to a Program by the county council of Montgomery County or Prince George's County is not final until the modification is submitted to the Commission for written comment.

  (2) The Commission has at least 30 days to comment on the modification.

#### Section 23-307

(a) If the statement of objectives included in the Program as provided in Sec. 23-303 of this subtitle declares that a major project to be constructed in whole or in part in one county is designed to provide services in whole or in substantial part to the other county, the major project may be disapproved with the concurrence of the county council of the county that is to receive the services.

(b)

  (1) Notwithstanding subsection (a) of this section, the county council of the county in which the major project is located may direct modifications in location or change the proposed year of construction if the modification or change will not prevent the services being available when needed.

  (2) The county council's authority to direct modifications in the location of a major project described in subsection (a) of this section may be exercised to effect reasonable changes in the location of the major project by the county council of the county in which the major project is located when the major project is first approved as a part of a Program.

(c) After approval of a major project in a Program, the county council of the county in which the major project is located may make further modifications only if:

  (1) the modifications do not result in substantial net additional costs or expenses to the Commission; or

  (2) the county directing the modifications reimburses the Commission for substantial net additional costs or expenses.

#### Section 23-308

In approving or modifying a Program, if Montgomery County or Prince George's County approves a major project for which money from the anticipated sources of funding shown by the Commission under Sec. 23-303 of this subtitle is insufficient, the Commission is not obligated to undertake the major project unless the county approving the major project provides additional sources to fund the major project.

#### Section 23-309

(a) If the Commission becomes legally liable to a third party as a direct result of a modification of a previous approval of a major project by Montgomery County or Prince George's County, the county directing the change is responsible for the liability that results from the change.

(b) The County Executive or County Council of Montgomery County or the County Executive of Prince George's County shall settle or release a claim for liability under subsection (a) of this section by:

  (1) negotiating with the claimant; or

  (2) paying the final judgment of a court award.

(c) In litigation resulting from a claim for liability under subsection (a) of this section, the County Executive or County Council of Montgomery County and the County Executive of Prince George's County may:

  (1) intervene in a court proceeding before judgment; and

  (2) interpose defenses available to the county or the Commission.

#### Section 23-310

(a) If the Commission has made expenditures to a third party for services or property as part of an approved major project that is subsequently modified or removed by Montgomery County or Prince George's County so that the services or property are no longer necessary, the county directing the modification or removal shall reimburse the Commission for the amount of the expenditures.

(b) The Commission shall give Montgomery County or Prince George's County any right, title, and interest in an item for which reimbursement has been made.

#### Section 23-311

Within 5 days after final action on a Program, the county councils of Montgomery County and Prince George's County shall submit to the Commission notification of final action, including:

(1) the details of changes or modifications; and

(2) evidence of compliance with specified requirements of this subtitle that may be applicable to the final action.

#### Section 23-312

(a) The Commission shall:

  (1) review each Program;

  (2) revise each Program as required by a final action of the county councils of Montgomery County and Prince George's County; and

  (3) adopt each Program before the beginning of the first fiscal year of that Program.

(b) The Commission's capital budget for the first fiscal year of each Program approved by the Commission shall provide money to begin the approved major projects for the first year of that Program.

(c)

  (1) A major project may not begin if the major project is not in conformity with the part of the Program applicable to that fiscal year unless the major project is included in the Program by an amendment to the Program.

  (2) The amendment to the Program:

    (i) may be proposed by the Commission or initiated by the county executive or county council of Montgomery County or Prince George's County;

    (ii) on reasonable advance notice to the public, shall be subject to a public hearing held by the county council of the county that initiates the amendment or by both county councils if the amendment affects both counties; and

    (iii) requires final action by the county council of each affected county.

  (3) The county council of the affected county shall notify the Commission of the final action.

  (4) The Commission shall adopt an amendment approved by final action by the county council of each affected county.

(d)

  (1) In this subsection, "material change" does not include the following items if service from a major project as constructed does not extend beyond the area approved for construction of a sewer project:

    (i) a normal deviation from the most recent estimated construction costs;

    (ii) a change in location caused by right-of-way acquisition problems;

    (iii) a condition found in the field when actual construction plans are prepared; or

    (iv) a modification of an estimated size or length of a construction item.

  (2) A major project may not be constructed until an adopted Program is amended as to any material change.

#### Section 23-313

(a) The Commission shall submit a final report, including construction cost figures, on completed major projects to the county executive and county council of Montgomery County or Prince George's County.

(b)

  (1) When the Commission submits a Program under Sec. 23-304 of this subtitle, the Commission shall include a status report of all approved major projects that have not been completed as of the date that the Program is submitted.

  (2) The report shall:

    (i) identify the major project;

    (ii) specify the dates of approval of the major project;

    (iii) indicate the current status of the major project, including an estimate of the date of completion of construction;

    (iv) indicate if the major project is the subject of a material change and any amendment that is required under Sec. 23-312 of this subtitle; and

    (v) for an approved major project in Montgomery County, indicate a change in the last estimated construction costs and a modification in location, size, and length of a construction item.

#### Section 23-314

(a) Unless the county councils of Montgomery County and Prince George's County have approved the extension, the Commission:

  (1) may not extend or approve construction of a sewer of any size or capacity to serve property in either county beyond the area that has been approved for service in a Program and the 10-year water and sewer plan required under Sec. 9-503 of the Environment Article; or

  (2) subject to subsection (b) of this section, may not extend a water line of any size or capacity beyond the approved terminal point of a major project.

(b) If the county councils of Montgomery County and Prince George's County have approved the extension, the Commission may extend a water line beyond the terminal point if:

  (1) the extension of the water line would provide water service to a development that is within an approved sewer project area; or

  (2) the affected county, through an appropriate county unit, has approved the installation of individual sewage disposal facilities.

(c) The Commission may construct an extension that requires approval under this section if:

  (1) the proposed extension has been submitted for approval; and

  (2) within 30 days after receipt of the proposed extension, the affected county has not notified the Commission that the extension should not be made.

#### Section 23-315

(a) This section applies only in Prince George's County.

(b) Except as provided in subsection (c) of this section, the Commission may provide sanitary sewer service in drainage areas that are tributary to county-approved trunk sewers and county-approved pumping stations outside of the county-approved service areas.

(c) Property to which sanitary sewer service is provided under this section shall be developed in accordance with a master plan adopted by the Maryland-National Capital Park and Planning Commission and approved by the County Council of Prince George's County after submission to the County Executive of Prince George's County for review.

(d) Notwithstanding subsection (c) of this section, the Commission may provide sanitary sewer service to existing structures located in the drainage areas described in subsection (b) of this section.

#### Section 23-316

(a) It is the intent of the General Assembly that the Commission, the Maryland-National Capital Park and Planning Commission, and the county executives and county councils of Montgomery County and Prince George's County cooperate to the fullest extent in seeking to attain maximum harmony of water and sanitary sewer construction programs with the other elements of orderly growth in Montgomery County and Prince George's County.

(b) The Commission, the Maryland-National Capital Park and Planning Commission, and the county executives and county councils of Montgomery County and Prince George's County are encouraged to:

  (1) meet and discuss each Program; and

  (2) exchange information and details necessary to achieve the coordination contemplated by this section for each Program.

(c) The Commission shall give additional information and details that the county executives and county councils of Montgomery County and Prince George's County request in connection with the consideration of a Program.

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Md. Code Ann., Pub. Util. (as displayed at mgaleg.maryland.gov, October 16, 2026)