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HARRY HUGHES, Governor
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1265
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WHEREAS, It is the purpose of the General Assembly not to
grant local governments powers in any substantive areas not
otherwise granted them under existing law, and not to restrict
local governments from executing powers granted them by existing
law, but to confirm existing powers of local governments to
supplant displace or limit competition with respect to the
subjects dealt with herein; now, therefore,
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 23A - Corporations - Municipal
2A.
(A) (1) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF
THE STATE TO AUTHORIZE EACH MUNICIPAL CORPORATION TO SUPPLANT
DISPLACE OR LIMIT COMPETITION IN THE AREA OF PUBLIC
TRANSPORTATION IN ORDER TO PROVIDE FOR ADEQUATE, ECONOMICAL AND
EFFICIENT DELIVERY OF TRANSPORTATION SERVICES; TO PROTECT ITS
CITIZENS FROM INCONSISTENT AND EXCESSIVE PRICES; TO PROVIDE
NECESSARY AND DESIRED SERVICES IN ALL AREAS OF THE MUNICIPALITY;
TO ENABLE THE MUNICIPALITY TO PROVIDE PUBLIC TRANSPORTATION IN
ORDER TO CONSERVE ENERGY AND REDUCE AIR POLLUTION, CONGESTION,
TRAFFIC HAZARDS AND ACCIDENTS; TO ENCOURAGE THE USE OF PUBLIC
TRANSPORTATION BY THE CONTRIBUTION BY THE MUNICIPALITY OF CAPITAL
AND OPERATING FUNDS TO ENABLE TRANSPORTATION TO BE PROVIDED AT
THE LOWEST COST TO ALL CITIZENS, ESPECIALLY THE INDIGENT; AND TO
PROMOTE THE GENERAL WELFARE BY CONDUCTING A COMPREHENSIVE
TRANSPORTATION SYSTEM.
(2) EACH MUNICIPAL CORPORATION HAS THE AUTHORITY TO
GRANT ONE OR MORE FRANCHISES FOR A TRANSPORTATION SYSTEM ON AN
EXCLUSIVE OR NONEXCLUSIVE BASIS, TO IMPOSE FRANCHISE FEES, TO
ESTABLISH CERTAIN RATES AND TO ESTABLISH RULES, REGULATIONS AND
LICENSING REQUIREMENTS TO GOVERN THE OPERATION OF THE FRANCHISES
AND TO PROVIDE FOR THE ENFORCEMENT OF ANY SUCH MEASURE; TO
CONDUCT A PUBLIC TRANSPORTATION SYSTEM ON AN EXCLUSIVE BASIS,
INCLUDING THE ESTABLISHMENT OF RULES, REGULATIONS, AND RATES,
NOTWITHSTANDING ANY ANTICOMPETITIVE EFFECT.
(B) (1) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF
THE STATE TO AUTHORIZE EACH MUNICIPAL CORPORATION TO SUPPLANT
DISPLACE OR LIMIT COMPETITION IN THE AREA OF WATER AND SEWERAGE
SYSTEMS AND WASTE COLLECTIONS SERVICES AND WASTE DISPOSAL SERVICES
IN ORDER TO ASSURE DELIVERY OF ADEQUATE, ECONOMICAL, AND
EFFICIENT SERVICES TO ITS CITIZENS, TO AVOID DUPLICATION OF
FACILITIES, TO PROVIDE FOR THE HEALTH AND SAFETY OF ITS CITIZENS,
TO CONTROL DISEASE, TO PREVENT BLIGHT AND OTHER ENVIRONMENTAL
DEGRADATION, TO PROMOTE THE GENERATION OF ENERGY AND THE RECOVERY
OF USABLE RESOURCES FROM WASTE, TO UTILIZE EFFICIENTLY THE PUBLIC
RIGHT-OF-WAY; TO PROTECT LIMITED NATURAL RESOURCES FOR THE
BENEFIT OF THE CITIZENS OF THE MUNICIPALITY, TO LIMIT WASTE,
NOXIOUS ODORS AND UNSIGHTLY GARBAGE AND DECAY; AND TO PROMOTE THE
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