§ 2A. Power to displace or limit competition

   (a) Public transportation. --

   (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) Water and sewer systems. --

   (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) Port regulation. --

   (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) Publicly-owned or leased land. --

   (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) Construction of grant of powers. -- 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.

HISTORY: 1983, ch. 397; 1984, ch. 255; 1995, ch. 3, § 1.