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Ch. 397
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LAWS OF MARYLAND
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1270
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TO ENCOURAGE THE USE OF PUBLIC TRANSPORTATION BY THE CONTRIBUTION
BY THE COUNTY 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 CHARTERED COUNTY 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, TO ESTABLISH RULES, REGULATIONS, AND
LICENSING REQUIREMENTS TO GOVERN THE OPERATION OF THE FRANCHISES,
TO PROVIDE FOR THE ENFORCEMENT OF ANY SUCH MEASURE, AND 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 CHARTERED COUNTY TO SUPPLANT DISPLACE
OR LIMIT COMPETITION IN THE AREA OF WATER AND SEWERAGE SYSTEMS
AND WASTE COLLECTION SERVICES, AND 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 COUNTY, TO LIMIT WASTE, NOXIOUS
ODORS, AND UNSIGHTLY GARBAGE AND DECAY; AND TO PROMOTE THE
GENERAL HEALTH AND WELFARE BY PROVIDING FOR ADEQUATE WATER AND
SEWERAGE SYSTEMS, WASTE COLLECTION SERVICES; AND WASTE DISPOSAL
SERVICES.
(2) (I) EACH CHARTERED COUNTY HAS THE AUTHORITY TO
GRANT ONE OR MORE FRANCHISES OR ENTER INTO CONTRACTS FOR WATER
AND SEWERAGE SYSTEMS, WASTE COLLECTION SERVICES, AND WASTE
DISPOSAL SERVICES ON AN EXCLUSIVE OR NONEXCLUSIVE BASIS TO ANY
PERSON, TO IMPOSE FRANCHISE FEES, TO ESTABLISH CERTAIN RATES AND
CHARGES, AND TO ESTABLISH RULES, REGULATIONS, AND LICENSING
REQUIREMENTS AND TO PROVIDE FOR THE ENFORCEMENT OF ANY SUCH
MEASURE NOTWITHSTANDING ANY ANTICOMPETITIVE EFFECT.
(II) IN THE EVENT THAT A CHARTERED COUNTY HAS
THE ENABLING AUTHORITY GRANTED BY ANY OTHER LAW TO OPERATE WATER
AND SEWERAGE SYSTEMS, WASTE COLLECTION SERVICES OR WASTE DISPOSAL
SERVICES, SUCH SYSTEMS AND SERVICES SHALL BE OPERATED BY SUCH
COUNTY WITHOUT REGARD TO ANY ANTICOMPETITIVE EFFECT.
(3) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY
OF THE STATE THAT EACH CHARTERED COUNTY IS DIRECTED AND
AUTHORIZED TO EXERCISE ALL POWERS REGARDING WASTE COLLECTION AND
DISPOSAL NOTWITHSTANDING ANY ANTICOMPETITIVE EFFECT. THIS
SUBSECTION DOES NOT APPLY TO ANY PORTION OF A GENERATOR'S WASTE
WHICH IS DIRECTED BY THE GENERATOR TO A SPECIFIC FACILITY FOR
REUSE, RECLAMATION OR RECYCLING, OR FOR DISPOSAL ON ITS OWN
PROPERTY.
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