4096

LAWS OF MARYLAND

Ch. 767

(C)  (1) [No such] A WSSC capital improvements
[program] PROJECT [shall be undertaken, in whole or in part,
which] MAY NOT BEGIN IF THE PROJECT is not in conformity
with that part of the program applicable to that FISCAL year
unless the [same shall be] PROJECT IS included in the WSSC
capital improvements program by [way of] an amendment
[thereto,] TO THE PROGRAM, [initiated by a county governing
body or proposed by the commission, with an amendment to be
subject to public hearing by the county governing body upon
reasonable advance notice thereof to the public and
requiring final county governing body action, notice to the
commission, and commission adoption as specified for the
annual six-year capital improvements program.]

(2)  THE AMENDMENT:

(I)  MAY BE PROPOSED BY THE WSSC OR
INITIATED BY THE MONTGOMERY COUNTY EXECUTIVE OR COUNTY
COUNCIL OR THE PRINCE GEORGE'S COUNTY EXECUTIVE OR COUNTY
COUNCIL;

(II)  ON REASONABLE ADVANCE NOTICE TO THE
PUBLIC, SHALL BE SUBJECT TO A PUBLIC HEARING 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
MONTGOMERY COUNTY COUNCIL OF EACH AFFECTED COUNTY OR THE
PRINCE GEORGE'S COUNTY GOVERNING BODY.

(3)  THE COUNTY COUNCIL OF THE AFFECTED COUNTY
SHALL NOTIFY THE WSSC OF THE FINAL ACTION PROVIDED IN
PARAGRAPH (2) OF THIS SUBSECTION.

(4)  THE WSSC SHALL ADOPT THE AMENDMENT AS
SPECIFIED FOR THE WSSC CAPITAL IMPROVEMENTS PROGRAM.

(D)  (1) IN THIS SUBSECTION, "MATERIAL CHANGE" DOES NOT
INCLUDE THE FOLLOWING ITEMS IF SERVICE FROM THE PROJECT AS
CONSTRUCTED DOES NOT EXTEND BEYOND THE AREA APPROVED FOR
CONSTRUCTION OF SEWER PROJECTS:

(I)  NORMAL DEVIATIONS FROM THE MOST RECENT
ESTIMATED CONSTRUCTION COSTS;

(II)  CHANGES IN LOCATION CAUSED BY
RIGHT-OF-WAY ACQUISITION PROBLEMS;

(III)  CONDITIONS FOUND IN THE FIELD WHEN
ACTUAL CONSTRUCTION PLANS ARE PREPARED; OR

(IV)  MODIFICATIONS OF ESTIMATED SIZES OR
LENGTHS OF CONSTRUCTION ITEMS.