Subtitle 2
Bills
Editor's Notes
Ordinance 20-336 {“Water Accountability and Equity Act”} and Ordinance 20-468 {“Water Accountability ... Act – Modifications”} substantially amended Subtitles 2 and 4 of this article and related provisions elsewhere. Ord. 20-468, enacted December 7, 2020, deferred the effective dates of both these ordinances to July 1, 2021 – subject, however, to several “interim effective dates and requirements”.
Ordinance 20-468 provides in some detail for the effective dates and interim requirements of the Water Accountability and Equity Act, as follows
Section 3. And be it further ordained, That the Laws of Baltimore City read as follows:
Ordinance 20-336
Section 6. And be it further ordained, That, except as provided by Section 4 of this Ordinance, this Ordinance takes effect [6 months after the date it is enacted] on July 1, 2021.
Section 4. And be it further ordained, That Section 3 of this Ordinance takes effect on the date that this Ordinance is enacted {i.e., December 7, 2020}, retroactive to January 13, 2020 (the date on which Ordinance 20-336 was enacted).
Section 5. And be it further ordained, That the Water Accountability and Equity Act, as enacted by Ordinance 20-336 and modified in part by this Ordinance, takes effect on July 1, 2021, subject, however, to the following interim effective dates and requirements:
(a)(1) Effective on the date that this Ordinance is enacted {i.e., December 7, 2020}, the Department of Public Works shall recommence preparation of rules and regulations to administer the Water-for-All Discount Program (Art. 24, § 2-6 through § 2-15).
(2) On or before April 1, 2021, the Department of Public Works shall publish for public comment its proposed set of those rules and regulations for the Water-for-All Discount Program.
(b)(1) On the date that this Ordinance is enacted, the tenant protections provided in Art. 13, § 7-3(a-1), and Art. 24, § 2-1(d) and (e), take effect.
(2) Within 1060 business days after this Ordinance is enacted, the Department of Public Works shall notify existing customers of these protections.
(c)(1) On the date that this Ordinance is enacted, the Department of Public Works shall continue to finalize proposed rules and regulations governing the criteria by which to assess whether a bill adjustment is warranted under varying circumstances.
(2) At least 2 weeks before the first meeting of the Committee for Office Oversight, as scheduled under subsection (f) of this Section 5, the Department of Public Works shall publish for public comment those proposed rules and regulations.
(3) A final version of the rules and regulations, with or without revisions, must be adopted and become effective no later than 1 month after the first meeting of the Committee.
(d) On or before December 1, 2020, the ECB shall publish for public comment proposed rules and regulations governing ECB hearings (Art. 24, § 2-19(b), (c), and (d) and § 2 21), including simplified rules for hearings in which customers are not represented by legal counsel.
(e) Effective on January 13, 2021:
(1) ECB shall begin hearings under Art. 24, § 2-19(b), (c), and (d) and § 2-21;
(2) DPW shall begin the collection of data, as specified in Art. 24, § 2-17(d), as added by this Ordinance, and shall provide all collected data to the Office (or to its Oversight Committee) as soon as possible and, in any event, no later than July 1, 2021;
(3) DPW shall implement and abide by Art. 24, § 2-22 {"Continued service, rights pending reviews, etc."}, as amended by this Ordinance;
(4) DPW and the Finance Department shall implement and abide by Art. 24, § 4-5 {"Installment payment agreement"}, as amended by Ordinance 20-336; and
(5) DPW shall implement the exception in Art. 28, § 4-4 {"Warning of lien and potential foreclosure"}, as added by Ordinance 20-336.
(f)(1) On January 15, 2021, the Committee for Office Oversight shall be activated and effective for the purpose of coordinating with and overseeing DPW's preparations for and implementation of the Water Accountability and Equity Act, as enacted by Ordinance 20-336 and modified in part by this Ordinance.
(2) The first hearing of the Committee shall take place no later than February 15, 2021; a second hearing shall take place no later than May 1, 2021; and hearings thereafter shall be scheduled at approximately 6-month intervals.
(g) On or before March 1, 2021, the Department of Public Works shall publish for public comment proposed rules and regulations to govern the Department's coordination with social services agencies pursuant to Art. 24, § 2-17(c)(1)(iii).
(h) The Department of Public Works may not exercise its authority to cut-off a water supply for default or arrearage under Art. 24, § 2-1(c) or § 2-3 and may not impose either service restoration fees or late fees for any individual who is enrolled in any discount program until July 1, 2021, when all provisions of the Water Equity and Accountability Act, as enacted by Ordinance 20-336 and modified in part by this Ordinance, will have taken effect, as provided at the outset of this Section 5.