(a) There is a body politic and corporate known as the "Maryland
Environmental Service". The Service is an instrumentality of the
State and a public corporation by that name, style, and title, and the
exercise by the Service of the powers conferred by this subtitle is the
performance of an essential governmental function of the State.
(b) (1) There are four officers of the Service: a Director, a Deputy Director,
a Secretary, and a Treasurer. The four officers of the Service shall be
appointed as follows:
(i) The Director shall be appointed by the Governor, with the advice and
consent of the Senate solely with regard to the qualifications for the
duties of the office. The Director serves at the pleasure of the Board
with the concurrence of the Governor and shall receive such
compensation as may be determined by the Board; and
(ii) The Deputy Director, the Secretary and the Treasurer shall be appointed
by the Director with the approval of the Governor solely with regard to
the qualifications for the duties of the office. The Deputy Director,
the Secretary and the Treasurer serve at the pleasure of the Director
and shall receive such compensation as may be determined by the Board.
(2) The Board of Directors of the Service shall consist of nine members as
follows:
(i) The Director, Deputy Director, Secretary, and Treasurer of the Service;
(ii) Three members from the public sector in the State in positions
responsible for water, wastewater, or solid waste management; and
(iii) Two members from the private sector in the State with technical,
financial, development, or legal experience related to water,
wastewater, or solid waste management.
(3) The public sector and private sector members of the Board, as set forth
in paragraph (2)(ii) and (iii) of this subsection shall be appointed by
the Governor with the advice and consent of the Senate.
(4) Six members constitute a quorum for the transaction of business of the
Board. The affirmative vote of at least five members is necessary for
any action taken by the Board.
(5) Those members of the Board not already holding a public office shall
receive from the Service:
(i) Per diem compensation as established by the Board; and
(ii) Reimbursement for expenses under Standard State Travel Regulations.
(6) The term of a member who is not an officer of the Service is 4 years.
(7) The terms of members who are not officers of the Service are staggered
as required by the terms provided for those members of the Board on
July 1, 1993.
(8) At the end of a term, a member continues to serve until a successor is
appointed and qualifies.
(9) A member who is appointed after a term has begun serves only the
remainder of that term and until a successor is appointed and
qualifies.
(c) (1) The Director is both the administrative head of the Service and the
presiding officer of the Board. The Director is directly responsible to
the Board and shall advise the Board on all matters assigned to the
Service. The Director shall carry out the Board's policies related to
the Service. He is responsible for the exercise of all powers and
duties conferred upon the Service by the provisions of this subtitle
except for those powers and duties specifically conferred by this
subtitle on the Secretary, Treasurer, or Board.
(2) The Deputy Director shall have the duties provided by law or delegated
by the Director.
(d) (1) The Secretary shall keep a record of the proceedings of the Board and
be custodian of all books, documents, and papers filed with the Service
and of the minute book or journal of the Service and its official seal.
He may have copies made of all minutes, records, and documents of the
Service and certify them to be true copies under the official seal of
the Service. Any person dealing with the Service may rely upon these
certificates, and certified copies shall be received as evidence in any
court or other tribunal in the State, in the same manner and with the
same effect as if the original books, papers, entries, records, or
proceedings could be produced.
(2) The Secretary, with the approval of the Board, may delegate to the
Deputy Director, during an absence of the Secretary, any duty
enumerated in paragraph (1) of this subsection.
(e) (1) The Treasurer shall develop and maintain a detailed and accurate
accounting system for all financial transactions of the Service, and he
shall perform other duties relating to the financial affairs of the
Service as required by law or by a directive of the Board. Unless any
money of the Service is otherwise held by or payable to a trustee
appointed pursuant to a resolution authorizing the issuance of bonds or
notes or under a trust agreement securing the bonds or notes, the
Treasurer shall receive money of the Service until otherwise prescribed
by law, he shall deposit the money as soon as it is received to the
credit of the Service in any financial institution in which the State
Treasurer is authorized to deposit State funds. He shall disburse money
for the purposes of the Service according to law, only upon his
warrant. He shall make arrangements for the payment of the interest on
and principal of the Service debt. Upon entering the performance of his
duties, the Treasurer shall be covered by a surety bond in accordance
with the provisions of law concerning the State Employees Surety Bond
Committee.
(2) With the approval of the Board, the Treasurer may authorize an employee
of the Service to serve as his deputy and to disburse money for the
purposes of the Service as provided by law, and subject to restrictions
and other conditions that the Treasurer establishes. The Deputy
Treasurer shall be covered by a surety bond in accordance with the
provisions of law concerning the State Employees Surety Bond Committee.
(f) The Attorney General of Maryland shall be the legal advisor for the
Service and the Board. He shall enforce compliance with the
requirements of this subtitle through any appropriate legal remedy and
prosecute violations in accordance with the provisions of this
subtitle. The Attorney General shall assign to the Service the number
of assistant Attorneys General and other staff requested by the
Service. One of the assistant Attorneys General shall be designated by
the Attorney General as counsel to the Service. The counsel to the
Service shall have no other duty than to render, subject to the
discretion and control of the Attorney General, the legal aid, advice,
and counsel required by the Director, the Board, and the other
officials of the Service and, also subject to the discretion and
control of the Attorney General, to supervise the other assistant
Attorneys General assigned to the Service. The counsel and every other
assistant Attorney General assigned to the Service shall be practicing
lawyers of this State in good standing and shall be entitled to a
salary from the funds of the Service. After the Attorney General has
designated an assistant Attorney General to serve as counsel to the
Service, the Attorney General may not reassign the counsel without
consulting with the Director and the Board. With the approval of the
Attorney General, the Service may employ additional counsel that it
considers necessary to carry out the provisions of this subtitle.
(g) (1) The Service is exempt from the provisions of Part III of Subtitle 3 and
Subtitles 4, 5, 6, and 7 of Title 4 of the State Finance and
Procurement Article.
(2) The Service is exempt from the provisions of Division II of the State
Finance and Procurement Article, but is not exempt from Subtitle 3 of
Title 14, Subtitle 4 of Title 12, Title 16, and Title 17 of the State
Finance and Procurement Article.
(3) (i) Except as otherwise provided in this paragraph, all procurements by the
Service for materials, equipment, services, or supplies performed or
furnished in connection with the planning, development, design,
equipping, construction, or operation of any project owned or
controlled by the Service, shall be awarded in accordance with rules
and regulations adopted pursuant to the Administrative Procedure Act.
(ii) The Service may procure materials, equipment, services, or supplies by
utilizing:
1. Competitive sealed bids;
2. Competitive sealed proposals;
3. Sole source procurement;
4. Intergovernmental cooperative purchasing agreements;
5. A small procurement process, if the procurement is estimated by the
Service to result in an expenditure of $25,000 or less; or
6. An emergency procurement process, if the procurement is necessary to
avoid or to mitigate serious damage to public health, safety, or
welfare.
(4) The Service may adopt rules and regulations to provide a process to
resolve disputes between the Service and its contractors, that may
include alternative dispute resolution by the parties to the dispute.
(h) (1) The Service may create and establish 1 or more project reserve funds in
such amounts as the Board considers appropriate and may pay into such
funds:
(i) Any moneys appropriated and made available by the State for the
purposes of such funds;
(ii) Any proceeds from the sale of bonds or notes, to the extent provided in
the resolution authorizing the issuance of the bonds or notes;
(iii) Revenues derived from a project of the Service; and
(iv) Any other moneys which may be received by or otherwise made available
to the Service from any other source or sources which the Service has
designated for deposit into such funds.
(2) Moneys held in or credited to a project reserve fund established under
this subsection shall be used solely to accomplish the purposes of this
subtitle, as determined by the Board and may be retained by the Service
in any such fund from year to year as determined by the Service.
(3) Moneys appropriated or made available to the Service by the State shall
be expended in accordance with the provisions of this subtitle.
(i) The Service shall submit annually a budget reflecting the operating and
capital program of the Service to the Department of Budget and
Management for inclusion for informational purposes in the State budget
book.
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