Bill Summary – FastDemocracy

HB 1075
                       Department of Legislative Services
                               Maryland General Assembly
                                     2021 Session
                            FISCAL AND POLICY NOTE
                                   First Reader
House Bill 1075                  (Delegate Rosenberg)
Judiciary
             State Fire Marshal - Investigations - Reporting Requirement
This bill requires the State Fire Marshal, if the State Fire Marshal investigates the origin or
circumstances of a fire or explosion or an attempt to cause either in the State, as authorized
to do under current law, to report to the Public Service Commission (PSC) with an update
of the investigation (1) within 90 days after the specified fire or explosion and (2) every
90 days thereafter until the investigation is concluded. The update must include the status
of the investigation and the expected date on which the investigation will conclude.
                                     Fiscal Summary
State Effect: The Office of the State Fire Marshal (OSFM) can handle the bill’s reporting
requirements with existing budgeted resources. Revenues are not affected.
Local Effect: None.
Small Business Effect: None.
                                          Analysis
Current Law:
State Fire Marshal – Investigations and Reporting
At any time, the State Fire Marshal is authorized to investigate the origin or circumstances
of a fire or explosion or an attempt to cause a fire or explosion that occurs in the State. At
any time, the State Fire Marshal (1) may enter into and examine a building or premises
where a fire (or attempt to cause a fire) has occurred; (2) may enter into a building or
premises adjacent to a building or premises where a fire (or attempt to cause a fire) has
occurred; and (3) may take full control and custody of the building or premises and place
an individual that the State Fire Marshal considers proper in charge of the building or
premises, until the examination and investigation of the State Fire Marshal is completed.
At the request of the governing body of a county or municipality, the State Fire Marshal
must make a written report of the investigation of a fire that occurred within that county or
municipality. In addition, at the request of the owner or insurer of property destroyed or
damaged by fire or explosion (or in which an attempt to cause a fire or explosion may have
occurred), the State Fire Marshal must make a written report of the result of the
investigation regarding the property.
Public Service Commission – Authority to Investigate Utilities
PSC has broad statutory authority to investigate utilities and to ensure their safe operation
for the public good. Specifically, PCS must initiate and conduct any investigation
necessary to execute its power or to perform its duties. In doing so, PSC may (1) examine
the records of a public service company; (2) compel production of records by subpoena;
and (3) require verified copies of the records be filed with PSC.
Public service companies must notify PSC of any accident involving the public service
company that results in personal injury requiring hospitalization, property damage
exceeding $50,000, or loss of life. In addition, the public service company must notify PSC
within 30 days after the day the accident occurs or within a period specified by PSC.
PCS advises that its Engineering Division investigates a fire or explosion event when
notified by a public service company and determines if the event is utility related. Upon
the conclusion of the investigation, PSC may require an evidentiary hearing, sanction the
public service company with fines in the event there was a safety violation, or make broader
policy recommendations.
Additional Comment: OSFM advises that in fiscal 2020, the office received
approximately 700 requests by local jurisdictions to investigate instances of potential
fire/explosion activity; of those, approximately 500 were fire related.
                                Additional Information
Prior Introductions: None.
Designated Cross File: SB 481 (Senator Carter) - Finance.
HB 1075/ Page 2
Information Source(s): Department of State Police; Public Service Commission;
Department of Legislative Services
Fiscal Note History:   First Reader - February 17, 2021
an/lgc
Analysis by: Thomas S. Elder                       Direct Inquiries to:
                                                   (410) 946-5510
                                                   (301) 970-5510
HB 1075/ Page 3
Statutes affected: 
Text - First - State Fire Marshal - Investigations - Reporting Requirement: 6-309 Public Safety