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Section 12-302 – Legislative Findings; Declaration of Intent

    (a)    The General Assembly finds that, in many areas of the State, landowners, cities, counties, municipal corporations, public agencies, and public utilities desire to convert existing overhead electric or communication facilities to underground locations through proceedings under this subtitle.     (b)    The General Assembly declares that:         (1)    a public purpose will be served by providing a procedure to convert […]

Section 12-304 – Authority of Commission

    (a)    This subtitle does not limit the authority of the Commission under this article, the Maryland Constitution, or any other law whether by statute or court decision.     (b)    This subtitle does not limit the authority of the Commission to determine whether, in what manner, and by whom costs are to be assessed, paid, recovered, or absorbed when […]

Section 12-306 – Proceedings for Conversion Authorized

    Proceedings under this subtitle may be used to:         (1)    convert an existing electric or communication facility; and         (2)    construct, reconstruct, or relocate any other related electric or communication facility.

Section 12-307 – Initiation of Proceedings for Conversion

    (a)    Proceedings for a conversion must be initiated by petition filed under § 12-308 of this subtitle.     (b)    The petition shall:         (1)    define generally the proposed conversion;         (2)    request that proceedings for the proposed conversion be initiated under this subtitle; and         (3)    describe the proposed conversion district by:             (i)    specifying its exterior boundaries;             (ii)    providing a description of the proposed conversion district […]

Section 12-308 – Filing of Petition; Execution of Certificate; Presentation

    (a)    The petition shall be filed with the clerk of the legislative body of the county or municipal corporation in which the proposed conversion district is located.     (b)    After a petition is filed under subsection (a) of this section, the clerk shall review the petition.     (c)    If the petition is signed by the number of qualified landowners required […]

Section 12-309 – Resolution of Intent to Order Conversion

    (a)    On presentation of the petition and the certificate of sufficiency from the clerk under § 12-308 of this subtitle, the legislative body of the county or municipal corporation may adopt a resolution that declares its intent to:         (1)    order the conversion described in the petition; and         (2)    enter into an agreement with a public agency or public […]

Section 12-310 – Investigation and Report on Petition

    (a)    After receipt of a petition under § 12-308 of this subtitle, the legislative body of the county or municipal corporation shall order an investigation and a report on the petition.     (b)    (1)    The report shall include:             (i)    the nature of the conversion;             (ii)    the estimated cost of the conversion and the proceedings for the conversion;             (iii)    funds available from other […]

Section 12-311 – Agreement Between Political Subdivision and Service Provider

    (a)    In a proceeding for a conversion, the county or municipal corporation and any public agency or public utility supplying electric service or communication service with the county or municipal corporation shall provide by agreement that:         (1)    at the start or on completion of the conversion, the public agency or public utility has legal title to the […]

Section 12-312 – Resolution Ordering Conversion

    (a)    After approval by the Commission of an agreement under § 12-311 of this subtitle and, if required, a public hearing in accordance with § 12-309 of this subtitle, the legislative body of the county or municipal corporation may adopt a resolution ordering the conversion to be completed in accordance with the resolution.     (b)    The resolution shall […]

Section 12-313 – Responsibility for Costs

    (a)    Subject to applicable rules, regulations, tariffs, or ordinances, the landowner is responsible for the costs of construction, reconstruction, relocation, or conversion of all electric or communication facilities of a public agency or public utility from the point of attachment of the electric or communication facility to any improvements located on the landowner’s property within a […]

Section 12-314 – Notice to Landowners of Responsibility for Costs

    (a)    (1)    At least 15 days before the date of commencement of construction, the clerk of the legislative body of the county or municipal corporation shall mail a notice to each landowner within the conversion district that informs the landowner of the provisions of § 12-313 of this subtitle.         (2)    The clerk shall use the names and addresses […]

Section 12-315 – Consequences of Failure to Comply

    (a)    If a landowner fails to comply with § 12-313 of this subtitle, all overhead electric or communication facilities providing electric service or communication service to any building, structure, or other improvement on the property shall be disconnected and removed.     (b)    At least 5 days before the disconnection, the landowner shall be provided written notice of the […]

Section 12-316 – Competitive Bidding Requirements

    (a)    This section does not authorize a county or municipal corporation to avoid compliance with any competitive bidding requirements for a conversion or improvement to be performed by a private contractor.     (b)    Provisions in State, county, or municipal law that require competitive bidding do not apply to a conversion or improvement performed by:         (1)    a county, municipal corporation, […]

Section 12-317 – Bond Issue; Tax Levy to Pay Bonds

    (a)    In accordance with its charter or a public general law or public local law, a county or municipal corporation may issue bonds or other evidence of indebtedness to carry out this subtitle.     (b)    To pay the principal and interest on bonds or other evidence of indebtedness or an advance from its general fund, a county or […]