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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 682
M3, L2 6lr3221
CF 6lr3218
By: Anne Arundel County Senators
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Anne Arundel County – Community Sewerage Systems – Homeowners 2
Association Control 3
FOR the purpose of authorizing a homeowners association in Anne Arundel County to 4
manage, operate, and maintain a shared facility or community sewerage system as 5
a controlling authority if certain conditions are met; requiring the Maryland 6
Environmental Service to take charge of and operate the shared facility or 7
community sewerage system under certain circumstances; and generally relating to 8
shared facilities and community sewerage systems in Anne Arundel County. 9
BY repealing and reenacting, with amendments, 10
Article – Environment 11
Section 9–1110 12
Annotated Code of Maryland 13
(2014 Replacement Volume and 2025 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Environment 17
9–1110. 18
(a) (1) In this section the following words have the meanings indicated. 19
(2) “Community sewera ge system” means a publicly or privately owned 20
sewerage system that serves at least two lots. 21
(3) “Controlling authority” means a unit of government, a body public and 22
corporate, or an intercounty agency authorized by the State, a county, or a municipal 23
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corporation to provide for the management, operation, and maintenance of a community 1
sewerage system, shared facility, or multiuse sewerage system. 2
(4) “Shared facility” means a sewerage system that: 3
(i) Serves more than one: 4
1. Lot and is owned in common by the users; 5
2. Condominium unit and is owned in common by the users 6
or by a condominium association; 7
3. User and is located on individual lots owned by the users; 8
or 9
4. User on one lot and is owned in common by the users; 10
(ii) Is located wholly or partly on any of the common elements of a 11
condominium; or 12
(iii) Serves a housing cooperative or other multiple ownership 13
cooperative. 14
(b) This section may not be construed as requiring a local jurisdiction to: 15
(1) Be a controlling authority; or 16
(2) Authorize or allow the use of a shared facility or a community sewerage 17
system within the local jurisdiction. 18
(c) A shared facility or community sewerage system may be approved only if the 19
system: 20
(1) Is managed, operated, and maintained by: 21
(i) A controlling authority; or 22
(ii) A third party under contract with the controlling authority; and 23
(2) Discharges: 24
(i) To the surface waters of the State in accordance with a permit 25
issued under § 9–323 of this title; 26
(ii) By way of land application under a nutrient management plan 27
required under § 8–803.1 of the Agriculture Article that assures 100% of the nitrogen and 28
phosphorus in the applied effluent will be taken up by vegetation; or 29
SENATE BILL 682 3
(iii) By way of an on–site sewerage system. 1
(D) (1) THIS SUBSECTION APPLIES ONLY IN ANNE ARUNDEL COUNTY. 2
(2) A HOMEOWNERS ASSOCIATI ON MAY MANAGE , OPERATE, AND 3
MAINTAIN A SHARED FA CILITY OR COMMUNITY SEWERAGE SYSTEM AS A 4
CONTROLLING AUTHORITY IF: 5
(I) THE SHARED FACILITY OR COMMUNITY SEWERAGE SYSTEM 6
WAS IN: 7
1. OPERATION BEFORE JANUARY 1, 2026; AND 8
2. FULL OPERATIONAL COMP LIANCE FOR AT LEAST 6 9
MONTHS BEFORE THE HO MEOWNERS ASSOCIATION BECAME THE CONTROLLI NG 10
AUTHORITY; 11
(II) THE HOMEOWNERS ASSOCIATION: 12
1. CHARGES A MANDATORY U SER ASSESSMENT FOR 13
SEWER SERVICE; AND 14
2. ESTABLISHES A CAPITAL RESERVE FUND THAT IS 15
FUNDED TO AN AMOUNT SUFFICIENT TO COVER THE ESTIMATED COSTS OF 16
REPLACEMENT OF THE SHARED FACILITY OR COMMUNITY SEWERAGE SYSTEM; AND 17
(III) ANNE ARUNDEL COUNTY, THE DEPARTMENT, AND THE 18
HOMEOWNERS ASSOCIATION APPROVE THE TRANSFER OF RESPONSIBILITY TO THE 19
HOMEOWNERS ASSOCIATION AS A CONTROLLING AUTHORITY. 20
(3) (I) THE DEPARTMENT SHALL DIRE CT THE MARYLAND 21
ENVIRONMENTAL SERVICE TO TAKE CHARGE OF AND OPERATE A SHARED FACILITY 22
OR COMMUNITY SEWERAG E SYSTEM THAT IS TRA NSFERRED TO A HOMEOW NERS 23
ASSOCIATION AS A CON TROLLING AUTHORITY U NDER THIS SUBSECTION IF THE 24
HOMEOWNERS ASSOCIATION: 25
1. IS UNABLE TO FULFILL THE OBLIGATIONS OF A 26
CONTROLLING AUTHORITY; AND 27
2. FAILS TO COMPLY WITH AN ORDER BY THE 28
SECRETARY TO CORRECT ANY OPERATIONAL DEFI CIENCIES IN THE SHAR ED 29
FACILITY OR COMMUNITY SEWERAGE SYSTEM. 30
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(II) ANY COSTS INCURRED BY THE MARYLAND 1
ENVIRONMENTAL SERVICE FOR THE MANAG EMENT, OPERATION, AND 2
MAINTENANCE OF A SHARED FACILITY OR COMMUNITY SEWERAGE SYSTEM UNDER 3
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE CHARGED TO THE HOMEOWNERS 4
ASSOCIATION OR THE I NDIVIDUAL LOT OWNERS AND PAID , COLLECTED, AND 5
ENFORCED AS PROVIDED IN § 3–109 OF THE NATURAL RESOURCES ARTICLE. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
1, 2026. 8