(a) (1) It has been and shall continue to be the policy of the State to
authorize each municipal corporation to 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 displace or limit competition
in the area of water and sewerage systems 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 utilize efficiently the public
right-of-way; to protect limited natural resources for the benefit of
the citizens of the municipality; and to promote the general health and
welfare by providing for adequate water and sewerage systems.
(2) (i) Each municipal corporation has the authority to grant one or more
franchises or enter into contracts for water and sewerage systems 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 any municipal corporation has the enabling authority
granted by any other law to operate water and sewerage systems, such
systems shall be operated by the municipality without regard to any
anticompetitive effect.
(3) It has been and shall continue to be the policy of the State that each
municipal corporation 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.
(c) (1) It has been and shall continue to be the policy of the State to
authorize each municipal corporation to displace or limit competition
in the area of port regulation undertaken by a board of port wardens
pursuant to § 2(b)(23A)(i) of this article, to provide for safe
harbors, free of congestion and navigational hazards, to provide
benefits to municipal citizens by protecting marine life and wildlife,
and to avoid water pollution and erosion.
(2) Each municipal corporation has the authority to grant one or more
franchises or enter into contracts for the placement, erection or
construction of structures within or on the waters of the municipality,
including but not limited to the issuing of licenses for wharves or
piers, or the issuing of permits for mooring piles, floating wharves,
buoys or anchors notwithstanding any anticompetitive effect.
(d) (1) It has been and shall continue to be the policy of the State to
authorize each municipal corporation to displace or limit competition
in the award of concessions on, over or under property owned, or
leased, by the municipality and in the leasing or subleasing of
property owned or leased by the municipality in order to utilize
properly the assets of the municipality for the best public purpose; to
provide necessary or desirable governmental services at the lowest
possible cost; to protect the public from unscrupulous business
practices and excessive prices; to provide for the accessibility to
public property by as many citizens as possible; and to promote the
general welfare by utilizing public property for the benefit of the
citizens of the community.
(2) Each municipal corporation shall have the authority to displace or
limit competition by granting one or more franchises for any concession
on, over or under property owned or leased by the municipality on an
exclusive or nonexclusive basis, to control prices and rates for such
franchises; to establish rules and regulations to govern the operation
of the franchises, to provide for the enforcement of any such measure;
and to lease or sublease publicly owned or leased land, improvements to
land, or both on terms to be determined by the municipality without
regard to any anticompetitive effect.
(e) The powers granted to any municipal corporation pursuant to this
section shall not be construed:
(1) To grant to such municipality powers in any substantive area not
otherwise granted to such municipality by other public general or
public local law;
(2) To restrict such municipality from exercising any power granted to such
municipality by other public general or public local law or otherwise;
(3) To authorize such municipality or its officers to engage in any
activity which is beyond their power under other public general law,
public local law, or otherwise; or
(4) To preempt or supersede the regulatory authority of any State
department or agency under any public general
law.
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