(a)   (1)   In this section the following words have the meanings indicated.
    (2)   "Development" means any project for the construction of:
      (i)   Two or more residential dwelling units; or
      (ii)   Any commercial or industrial structure.
    (3)   (i)   "Subdivision lines" means all water and sewer pipelines or
facilities necessary to provide service to a development, including
service connections to individual lots or properties in a development.
      (ii)   "Subdivision lines" does not include pipelines or facilities that
constitute "major projects" as defined in § 7-101 of this
article.
    (4)   "Health hazard" means an owner-occupied residential property with
a failing well or septic system as certified by the State or a local
health department.
    (5)   "Authorization for service" means an application by a property
owner or developer to the WSSC for water or sewer service that requires
the construction of subdivision lines.
    (6)   "Payment security" means security to guarantee payment to the
utility contractor, subcontractors, and suppliers that provide labor,
materials, or construction equipment for the construction of
subdivision lines.
    (7)   "Performance security" means security to guarantee completion of
the construction of subdivision lines.
  (b)   Notwithstanding any other provision of law and except as provided in
subsections (d) and (e) of this section, all subdivision lines in the
sanitary district shall be constructed by the owner or developer of the
property at the expense of the owner or developer.
  (c)   (1)   Before constructing subdivision lines, the owner or developer of the
property shall enter into an agreement with the WSSC:
      (i)   Requiring that the subdivision lines be constructed under plans and
specifications submitted to and approved by the WSSC;
      (ii)   Requiring that the owner or developer comply with all applicable laws
and requirements for the construction of the subdivision lines;
      (iii)   Providing for the inspection of the subdivision lines by the WSSC
before the lines are placed in service;
      (iv)   Requiring the property owner or developer to provide:
        1.   Performance security payable to the WSSC, in an amount acceptable to
the WSSC, taking into account potential cost escalation; and
        2.   Payment security payable to the WSSC for the benefit of the utility
contractor, subcontractors, and suppliers providing labor, materials,
or construction equipment for the construction of the subdivision lines
in an amount equal to the amount of the performance security; and
      (v)   Providing that before the subdivision lines are placed in service, the
property owner or developer shall provide the WSSC with a release of
liens, on a form acceptable to the WSSC, signed by the utility
contractor and notarized, stating that the utility contractor, and all
subcontractors and suppliers, have been paid.
    (2)   An acceptable form of performance security and payment security under
this subsection shall be:
      (i)   A certified check;
      (ii)   A cash deposit;
      (iii)   A certificate of deposit;
      (iv)   An irrevocable letter of credit from a financial institution acceptable
to the WSSC and in a form acceptable to the WSSC;
      (v)   A bond executed by a surety company authorized to do business in the
State of Maryland; or
      (vi)   Another form of security acceptable to the WSSC.
    (3)   (i)   A utility contractor, subcontractor, or supplier providing labor,
materials, or equipment for the construction of the subdivision line,
that has not been paid, may file a claim against the payment security
within 180 days after completion of construction of the subdivision
lines (the "claim notice date"), under the procedure required in
the payment security. If no procedure is specified in the payment
security, the procedure shall be that established by rules and
regulations adopted by the WSSC.
      (ii)   Until all claimants have been paid, or the claim notice date has passed
and no claims have been made, the WSSC may not release or reduce the
amount of the payment security.
  (d)   Subject to subsection (e) of this section, the provisions of this
section may not apply to:
    (1)   Authorizations for service for which:
      (i)   Application is made with the WSSC on or before June 30, 1999; and
      (ii)   The WSSC enters into a contract for construction of subdivision lines
with notice to proceed issued by the WSSC to its contractor on or
before June 30, 2001; or
    (2)   Authorizations for service for the relief of health hazards.
  (e)   Each part of a multipart authorization for service shall be considered
a separate authorization under subsection (d) of this section.
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