2023 Maryland State Legislative Session Summary
The Maryland Building Industry Association reviewed 235 of the 2,275 bills introduced by the Senate and the House this year. MBIA took a position on 184 bills. We are very proud of the successes we achieved during the 2023 Legislative Session and the MBIA Government Affairs team will continue to work hard on behalf of the building industry to make it easier for you to do your job.
The Maryland Building Industry Association reviewed 235 of the 2,275 bills introduced by the Senate and the House this year. MBIA took a position on 184 bills. We are very proud of the successes we achieved during the 2023 Legislative Session and the MBIA Government Affairs team will continue to work hard on behalf of the building industry to make it easier for you to do your job.
Legislation passed, MBIA Opposed, changed position once amended to either support or neutral
Legislation passed, MBIA supported
Legislation passed, MBIA Opposed
Legislation did not pass, MBIA opposed
Legislation did not pass, MBIA supported
Climate Change/ Environment
SB144/HB169- Public Utilities- Energy Efficiency and Conservation Programs- Energy Performance Targets and Low-Income Housing- Requires the Department of Housing and Community Development to procure or provide for electricity customers energy efficiency and conservation programs and services designed to achieve certain target annual incremental gross energy savings in certain years. Effective Date July 1, 2023.
SB250/HB147- Environment- Climate Crisis Plan- Requirement- Required each county to prepare a climate crisis plan to address the effects of climate changed in the county. Required each county to submit plant to the Department of Environment for review and feedback on or before June 1, 2024.
SB294- Comprehensive Plan- Implementation and Review in Priority Funding Areas- Altering the implementation and review of a comprehensive plan within a priority funding area.
SB469- Task for to Study Solar tax incentives- Establishes a task force to study solar tax incentives and make recommendations regarding a tax strategy that is more competitive than the current strategy. Effective date July 1, 2023.
SB470/ HB631- Maryland the Beautiful Act- Establishes 1) land conservation goals for the State; 2) a 40x40 Land Conservation Implementation Grant Program; and 3) a Local Land Trust Revolving Loan Program (along with an authorization for allocation of specified fiscal 2023 transfer tax revenues to the program. Effective date October 1, 2023
SB471/HB607- Water Pollution Control- Discharge Permits- Stormwater Associated with Construction Activity- As introduced: would have required most projects larger than 10 acres to fall under an individual permit as opposed to the general permit. As amended, the bill requires the Maryland Department of the Environment to review and update the specifications for sediment control plans by December 1, 2024 and every 5 years thereafter. When conducting the review and updates MDE must consult with specified groups and stakeholders (including a private sector organization with design and construction experience). The bill also establishes enhanced public comment periods. Effective date October 1, 2023.
SB477/ HB830 Residential Construction or Significant Renovation- Electric Vehicle Charging-
As introduced, would have required:
SB485/HB281- Residential Property- Sales Contracts- Disclosures- Requiring a contract for the sale of residential real property located within .5 miles of a National Priorities Superfund site, at the time of the down payment, to contain a notice of the proximity of the property to the site signed by the seller.
SB526/HB723- Natural Resources- Forest Preservation and Retention
As introduced:
SB548/HB550- Clean Transportation and Energy Act- Alters the Electric Vehicle Recharging Equipment Program by extending the duration of the program, repeals the rebates that may be issued to retail service station dealers and repeals the limitations on the total amount of rebates the Maryland Energy Administration may issue each year. Effective date: July 1, 2023.
SB611/HB874- Office of the Attorney General- Environment and Natural Resources Monitoring Unit- Establishment- Establishes the Environment and Natural Resources Monitoring Unit of the Office of the Attorney General to investigate and prosecute cases against person that violate state criminal environment and natural resources laws. Bill was amended to clarify this only applies to criminal cases and changed the name of the department to Environment and Natural Resources Crimes Unit. Effective date: October 1, 2023.
SB689/HB904- Public Utilities- Energy Efficiency and Greenhouse Gas Emissions Reductions- Alterations and Requirements- Altering the goals and requirements of certain energy efficiency programs to include certain greenhouse gas emissions reductions form electric companies and gas companies beginning January 1, 2024.
SB692/HB1181- Credit for Purchase of Zero-Emission and Hybrid Mobile Machinery- Allowing a credit against the State income tax for the purchase of certain zero-emission and hybrid mobile machinery during taxable years 2023 through 2032 for use in the taxpayers’ businesses or for rental or lease to general public.
SB743/ HB840- Climate, Labor, and Environmental Equity Act of 2023- Requiring the Department of the Environment to conduct a certain evaluation regarding the impact of issuing an approval for certain environmental permits.
SB830- Environmental Health Systems Support Act of 2023- As amended the bill requires the Department of the Environment and the Maryland Department of Health, in conjunction with the Board of Environmental Health Specialists, to conduct a study on staffing needs for environmental health specialist in local health department, the MDE to study delegation of well and septic systems. Findings must be reported to the General Assembly by December 1, 2023.
SB923/HB503- Natural Resources- Greenspace Equity Program- Establishment- Establishes the Greenspace Equity Program in the Department of Natural Resources to provide grants to eligible applicants for enhancing the public health and livability of overburdened communities and underserved communities.
SB586/HB612- Natural Resources- Licensed Tree Experts- Alterations- prohibiting a person for engaging in the work of the treatment, care, or removal of certain trees for compensation under a tree expert’s license unless the person is employed by the licensed tree expert. MBIA was able to get a clarifying amendment that this only applies to those “Physically” doing the work (not consultants). Effective date: October 1, 2023
HB216- Environment- Salt Applicator Certification Program- Establishment- Requires the Department of the Environment to establish a Sal Applicator Certification Program to encourage efficient winter maintenance of roadways, parking lots, and sidewalks through the use of salt or salt alternatives.
HB347- Attorney General- Climate Change Actions- Authorization- Authorizing the Attorney General to investigate, commence, and prosecute or defend any suit or action that holds accountable a publicly traded entity with market capitalization greater than $1,000,000,000 or its subsidiaries for any tortious or otherwise unlawful conduct that has contributed to climate change. MBIA successfully negotiated an amendment that made it clear that it only applies to an entity that derives at least 50% of its revenues from coal, oil or gas.
HB493- Department of Commerce- Office of Climate Change Assistance for Small Businesses- Establishment- Establishing the Office of Climate Change Assistance for Small Businesses in the Department of Commerce; authorizing the Office to assist small businesses with issues related to a transition to advanced clean energy and development of certain climate resilience strategies.
HB530- Natural Resources- Forest Mitigation Banks and the Forest Conservation Fund- Alterations- altering the definition of “qualified conservation” for purposes of provisions of law related to forest mitigation banks; extending the deadline for the Department of Natural Resources to accomplish the reforestation or afforestation for which certain money is deposited in the Forest Conservation fund. This legislation was merged in to sb526/hb723.
HB831- Environment- Septic Systems- Online Database- requiring the Department of the Environment to develop and maintain a certain online database of all septic systems installed in the state to track certain information.
HB834- Electric Vehicle Charging Reliability Act- requiring the Public Service Commission to expand the EV Pilot Program to allow participating electric companies to install EV charging stations in multifamily dwellings in underserved communities. Effective Date: October 1, 2023.
HB942- Wetlands and Waterways Program- Authorizations for Stream Restoration Projects- Requiring the Department of the Environment to revise certain criteria, standards, and requirements for wetlands and waterways authorization s for certain stream restoration projects on or before October 1, 2024.
HB1134- Maryland Building Performance Standards- Fossil Fuel Use and Electric- Ready Standards- Requiring the Maryland Department of Labor to adopt, on or before January 1, 2024, and as part of the Maryland Building Performance Standards, a requirement that new buildings meet all energy demands of the building without the use of fossil fuels and an electric-ready standard for certain buildings.
HB1209- Climate Ready Floodplain Act of 2023- requires the Department of the Environment to publish a statewide flood risk assessment map projected to the year 2050. For projects that is located within an area that has a 1% chance of flooding by 2050, The bill prohibits new construction and requires new flood mitigation measures to be implemented for an existing building that is undergoing significant repairs or renovations.
General Contracting
SB 23- Heating, Ventilation, Air Conditioning and refrigeration services- Journeyman License- Qualifications- altering the requirement to have apprentice license for 4 years rather than 3 years and having completed at least 6,000 rather than 1,875 hours of training. Effective October 1, 2023.
SB198/HB505- Elevator Safety- Privately Owned Single-Family Residential Elevators- Inspection and registration requirements- Establishes that an elevator installed in a privately owned single-family residential dwelling is subject to initial inspection and registration. There is no penalty provision and MDL must delete registration once inspection is complete. Effective date October 1, 2023.
SB425/HB674- Maryland Historic Trust- Historic Preservation Loan Fund- Qualified Cooperating Nonprofit Organizations- Transfers- alters use of the MHT by authorizing the fund to be used to make a transfer to a qualified cooperating nonprofit organization. Effective date July 1, 2023.
SB453/HB1097- State and Private Construction Contracts- Prompt Payment Requirements- required a private construction contract to include a provision requiring the owner to pay the contractor within a certain period of time, or if the owner withholds all or part of amount invoiced, to send a notification to the contractor.
HB821- New Single-Family Residential Real Property Stales- Contract Requirements- requiring a contract for the sale of single-family residential real property to identify to the extent known the name, address, and telephone number of any contractor or subcontractor and provide updated information at settlement. NOTE: This bill was introduced at Montgomery County bill and amended to be statewide.
HB1056- Real Property- Warranties- Duration of Warranties and Repair of Defects- Altering the expiration date for implied warranties for dwellings and establishing a procedure to allow a vendor to repair an alleged breach of an implied warranty prior to the owner commencing an action regarding the alleged breach.
Education/ Trades
SB121- More Opportunities for Career-Focused Students Act of 2023- Requiring county boards of education to consider the pursuit of certain certificates, certifications, or apprenticeships as the equivalent of pursuing postsecondary education. Effective Date July 1, 2023.
SB822/HB689- Pathways in Technology Early College High (P-TECH) School Program- High School Diplomas- Requiring that each memorandum of understanding establishing a school in the Pathways in Technology Early College High (P-TECH) School Program ensures that each P-TECH student receives a high school diploma immediately following completion of high school graduation requirements. Effective July 1, 2023.
HOA/Condo
SB593/HB101- Condominiums- Common Elements- Clean Energy Equipment- authorizing certain governing bodies of a condominium to grant an interest affecting the common elements of the condominium for the installation and use of clean energy equipment. Added language: "electric vehicle recharging equipment, solar energy equipment and energy storage systems." MBIA was able to get an amendment to clarify that it only applies to certain equipment.
HB105- Real Property- Condominiums and Homeowners Associations- Governing Bodies and Annual Meetings- requiring the unit owners or lot owners have an opportunity to comment during meetings. It also requires that a unit owner that is not related to the developer be appointed to the board when 25% of units are sold. It also requires the disclosure to the Board of any bonds and the governmental unit that holds the bond. Effective date: October 1, 2023
HB423- Task Force on Common Ownership Communities- Establishes the Task Force on Common Ownership Communities; and requires the Task Force to submit a report of findings and recommendations on or before December 31, 2024. MBIA has a representative on the Task Force. Effective Date: June 1, 2023
HB434- Maryland Condominium Act- Amendments to the Declaration- As introduced the bill reduced from 80% to 60% the percentage of unit owners listed on the current roster of a condominium needed to consent to an amendment of a condominium’s declaration. MBIA was able to negotiate an amendment that clarified this was only after the Developer no longer owned any units. The bill was also amended to be 66.6%. Effective Date: October 1, 2023
HB534- Cooperative Housing Corporations, Condominiums, and Homeowners Associations- Funding of Reserve Accounts- requiring that certain funds for the reserve account of a cooperative housing corporation, a residential condominium, or a homeowner’s association be deposited on or before the last day of each fiscal year. Effective date: October 1, 2023
HB833- Homeowners Associations- Recorded Liens- Voting Prohibition- Authorizing a homeowner’s association to include in its governing documents a provision prohibiting a lot owner from voting at a meeting if the homeowners association has recorded a statement of lien on the low owners’ property and the amount necessary to release the lien has not be paid at the time of the meeting. Effective Date: October 1, 2023
Housing/ Community Development
SB166/HB150- Housing and Community Development- Adaptive Reuse- Establishing that adaptive reuse, retrofitting and repurposing of existing buildings to develop new affordable multifamily housing is eligible for use of certain financial assistance provided by the Department of Housing and Community Development. Effective date- October 1, 2023
SB382/HB239- Accessory Dwelling Unit Promotion and Policy Task force- Establishes the Accessory Dwelling Unit Promotion and policy Task force to study state and local government efforts to promote the creating of accessory dwelling units on land zone for single family residential use and review existing policies. MBIA will have a representative on the task force. Effective date June 1, 2023. Report is due on or before November 1, 2023 and recommendations on or before June 1, 2024.
SB783- Historic Properties Disposition and Preservation Team and Extension of the income Tax Credit for Catalytic Revitalization Projects- Establishing the Historic Properties Disposition and Preservation Team with in the Department of Housing and Community Development. As amended, the bill extends the termination date of the catalytic revitalization project tax credit. It also requires the Smart Growth Subcabinet to study and make recommendations about plan for preservation and reuse of historic complexes. Report due to General Assembly by December 31, 2023.
SB903/HB852- Land Use- Expedited Development Review Processes for Affordable Housing- Application to Religious Organizations- requires a county that uses an expedited development review process for proposed affordable housing developments to consider certain applications from bona fide religious organizations under the expedited development review process.
HB501- Revitalizing Neighborhoods Through Homeownership Program and Fund- Established- Establishing the Revitalizing Neighborhoods Through Homeownership Program to provide financial assistance in the form of loans to political subdivisions to support the purchase and renovation HUD dollar homes and abandoned residential properties for resale to low-to moderate income buyers.
Taxes
SB270/HB142- More Local Tax Relief for Working Families Act of 2023- Altering, from 3.2% to 3.7% the maximum tax rate that a county may impose on an individual’s Maryland taxable income.
SB476/HB371- Recordation Tax- Indemnity Mortgage Exemption- Threshold Amount- Increasing the threshold amount for certain indemnity mortgage transactions that are exempt from the recordation tax from $3,000,000 to $12,500,000.
SB576- Corporate Income Tax- Combined Reporting- required affiliated corporations to compute Maryland taxable income using a combined reporting method.
HB39- Effective Corporate Tax Rate Transparency Act of 2023- requiring a corporation that is required to file a Maryland income tax return to attach a statement identifying the corporations effective tax rate and an explanation of the calculation of the effective tax rate. As amended, the bill requires the Comptroller to submit a report identifying the number of publicly traded corporations conducting a trade or business in another state that are required to file a Maryland Income tax return and paid no amount of State Income tax.
HB46- Corporate Income Tax- Combined Reporting- Requiring affiliated corporations to compute Maryland taxable income using a certain combined reporting method.
HB211- Affordable Housing Investment Act- Requiring the Governor beginning in fiscal year 2025 to include in the annual budget $20,000,000 for the Rental Housing fund. Requires certain taxpayers to add a certain deduction back to federal adjusted gross income to determine Maryland Taxable income.
Multifamily/ Landlord/ Tenant:
SB505/HB684- Landlord and Tenant- Residential Leases and Holdover Tenancies- Local Just Cause Termination Provisions- Authorized a county to adopt by local law or ordinance provisions prohibiting a landlord of residential property from failing to renew a lease or from terminating a holdover tenancy without just cause.
SB819- Real Property- Sale of Apartment Facilities- Rights of Qualified Organizations- Prohibiting an owner of an apartment facility from taking certain actions regarding the sale of the apartment facility unless the owner complies with the requirements of the Act.
HB34- Failure to Pay Rent Proceedings- Prohibition on Rent increases and Sealing of Court Records- Prohibiting a landlord from increasing a tenant’s rent because a judgement was entered against the tenant in a failure to pay rent action.
HB151- Real Property- Residential Leases- Notification of Rent Increases- Requires a landlord to notify a tenant prior to rent increase. The bill also establishes reporting requirements for local jurisdictions that adopt local laws limiting rent increases under specified circumstances. Effective date October 1, 2023.
HB972- Landlord and Tenant- Rent Escrow- Mold in Residential Dwelling Units- adding certain mold hazards to the list of dangerous conditions and defects for which a tenant can obtain relief under the State’s rent escrow statute.
Other
SB288- Criminal and Civil Trespass- Professional Land Surveyors- Exception- Establishing exceptions to criminal prohibitions against trespass on property and the civil tort of trespass professional land surveyors, and agents and employees of professional land surveyors, who enter the property of another to practice land surveying. Effective date October 1, 2023
SB443- Real Estate Brokers, Salespersons and Associate Brokers- Continuing Education Courses- Alterations- Changes the requirements for the subject matter of continuing education courses for licensees issued an initial license by the Real Estate Commission.
SB474/SB945- Sale of Residential Real Property- Offers to Purchase and Transfer Tax- Authorizing a person who offers for sale to a third party improved, single family residential real property, for the first 30 days, to accept only an offer to purchase the property made by an individual a community development organization. The bill alters the rate of the State transfer tax to 15% for certain residential real property
SB723- Corporations and Associations- Electronic Copies Fee- Repeal- repealing the $1 per page for electronic copies of certain documents recorded or filed with the State Department of Assessments and Taxation
HB392- Financial Institutions- Maryland Community Reinvestment Act- Requiring the Commissioner of Financial Regulation to examine and prepare a written evaluation of the record of certain regulated financial institutions in meeting the financial needs of local communities where the institution is chartered.
HB1121- Real Property- Residential Contracts of Sale- Buyer Privacy- Stating it is the intent of the General Assembly to eliminate bias, intentional or otherwise, in housing decisions concerning the sale of single-family, residential real property by removing the name of the buyer from contract of sale prior to acceptance of the contract by the seller.
HB1195- Development Transparency Act of 2023- Requiring a certain entity seeking any waiver or exemption from or authorization under any zoning regulation, zoning map amendment, conditional use permit, final development plan xxx
Local Legislation
Baltimore City
SB29- Baltimore City Soil Conservation District- Establishment- Requirements- Providing for the establishment of a Baltimore City Soil Conservation District.
SB757/HB303- Baltimore City- Air Conditioning in Residential Rental Units- Requiring landlords of residential rental units in Baltimore City to provide air conditioning between June 1 and September 31 each year. Applies for properties with residents 3 years of age or younger or 65 years of age or older.
SB770/HB882- Landlord and Tenant- Holding over- Landlord restrictions and tenant remedies- Establishing that the District Court has exclusive original civil jurisdiction over certain residential eviction cases; clarifying that a tenant holding over may file a petition for injunctive relief under certain circumstances.
SB855/ HB921- Property Tax- In Rem Foreclosure- Authorizing certain vacant property and nuisance properties located in Baltimore City to be subject to a certain in rem foreclosure process.
HB884- Baltimore City- Insurance- Certificates of Guarantee for County Bond Requirements- Authorizing Baltimore City to honor certificates of guarantee that are issued by certain associations or on behalf of certain contractors in order to satisfy certain county bond provisions. NOTE: This allows for expansion of Builder Developer Guaranty Group
Baltimore County
HB1111- Baltimore County- Insurance- Certificates of Guarantee for County Bond Requirements- Authorizing Baltimore City to honor certificates of guarantee that are issued by certain associations or on behalf of certain contractors in order to satisfy certain county bond provisions. NOTE: This allows for expansion of Builder Developer Guaranty Group
Montgomery County
HB778- Montgomery County Planning Trust and Transparency Act of 2023- Altering the appointment process, salary authorization process, and terms for commissioners appointed to the Maryland National Capital Parking and Planning Commission from Montgomery County. As amended, the bill alters provisions of law pertaining to commissioners appointed from Montgomery County to the Maryland National Capital Park and Planning Commission.
HB796- Montgomery County- Maryland- National Capital Park and Planning Commission Restructuring Task force- Established the MNCPP and Planning Commission restructuring task force.
HB819- Montgomery County- Off-Street Parking Requirements Near Mass Transit Stations MC/PG 106-23- Prohibiting the Montgomery County district council from adopting or enforcing a local law that requires the creation of new off-street parking for residential development that is located within a .25 mile radius of a present or planned metro or purple line station.
Prince Georges County
Maryland-Washington Regional District- Standing to Request review of zoning and land use decisions- altering the list of persons that may request judicial review of a final decision of the Prince Georges County District Council. Alters the list of persons that may request the district council to review a decision of a zoning hearing examiner or the Planning Board of Prince Georges County.
Legislation passed, MBIA supported
Legislation passed, MBIA Opposed
Legislation did not pass, MBIA opposed
Legislation did not pass, MBIA supported
Climate Change/ Environment
SB144/HB169- Public Utilities- Energy Efficiency and Conservation Programs- Energy Performance Targets and Low-Income Housing- Requires the Department of Housing and Community Development to procure or provide for electricity customers energy efficiency and conservation programs and services designed to achieve certain target annual incremental gross energy savings in certain years. Effective Date July 1, 2023.
SB250/HB147- Environment- Climate Crisis Plan- Requirement- Required each county to prepare a climate crisis plan to address the effects of climate changed in the county. Required each county to submit plant to the Department of Environment for review and feedback on or before June 1, 2024.
SB294- Comprehensive Plan- Implementation and Review in Priority Funding Areas- Altering the implementation and review of a comprehensive plan within a priority funding area.
SB469- Task for to Study Solar tax incentives- Establishes a task force to study solar tax incentives and make recommendations regarding a tax strategy that is more competitive than the current strategy. Effective date July 1, 2023.
SB470/ HB631- Maryland the Beautiful Act- Establishes 1) land conservation goals for the State; 2) a 40x40 Land Conservation Implementation Grant Program; and 3) a Local Land Trust Revolving Loan Program (along with an authorization for allocation of specified fiscal 2023 transfer tax revenues to the program. Effective date October 1, 2023
SB471/HB607- Water Pollution Control- Discharge Permits- Stormwater Associated with Construction Activity- As introduced: would have required most projects larger than 10 acres to fall under an individual permit as opposed to the general permit. As amended, the bill requires the Maryland Department of the Environment to review and update the specifications for sediment control plans by December 1, 2024 and every 5 years thereafter. When conducting the review and updates MDE must consult with specified groups and stakeholders (including a private sector organization with design and construction experience). The bill also establishes enhanced public comment periods. Effective date October 1, 2023.
SB477/ HB830 Residential Construction or Significant Renovation- Electric Vehicle Charging-
As introduced, would have required:
- Electric vehicle ready in all new construction with driveway, carport or garage
- Electric vehicle charging stations in all townhouses with common parking and multifamily- 1 for every 25 spots
- Would have required any homeowner or multifamily unit to retrofit when undergoing “significant renovation”. Significant renovation was defined as anything dealing with electric panel or trenching around driveway.
- Applied to any project that had not gotten a building permit by October 1, 2023
- Electric vehicle ready in all new construction with driveway, carport or garage
- No requirement for significant renovation
- No requirement for multifamily, instead directs MEA to conduct a study on how to create more opportunities for charge in multifamily units. Study is due December 1, 2023
- Does not apply to any new construction for which a complete commercial or residential service request is made to the local utility or a development application or building application is filed with a county or municipal corporation before October 1, 2023.
SB485/HB281- Residential Property- Sales Contracts- Disclosures- Requiring a contract for the sale of residential real property located within .5 miles of a National Priorities Superfund site, at the time of the down payment, to contain a notice of the proximity of the property to the site signed by the seller.
SB526/HB723- Natural Resources- Forest Preservation and Retention
As introduced:
- Local jurisdictions may establish their own plans (or use plans already in place, but need to get approval from DNR). However, they must establish that they are no net loss under these plans.
- Required 1:1 mitigation for clearing non-priority forest
- 2:1 mitigation required for clearing priority forest if variance was approved
- Creates a definition of Priority Forest, which included DNR targeted ecological areas.
- Mitigation banking
- Would have been restored but only on land that could be developed (“Qualified projects”)
- Could only use for projects approved before December 31, 2020
- No new banks could be created after December 31, 2020.
- No exemptions
- Effective Date July 1, 2023, no grandfathering
- Inside Priority Funding area- ½:1 mitigation for clearing non-priority forest, 1:1 mitigation for clearing priority forest
- Outside Priority Funding area- 1:1 mitigation for all clearing
- Eliminated language referring to “DNR targeted ecological areas” from definition of Priority Forest
- Removed requirement to obtain a variance to impact priority forest.
- All unforested riparian buffers must be planted on-site if any remains after satisfying mitigation requirements.
- Removes conservation thresholds (i.e. no 2:1 requirement for clearing below the conservation threshold)
- Mitigation Banking:
- Eliminated language phasing out mitigation banking
- Eliminated language that kept new banks from being created
- Eliminated the language dealing with “Qualified Project”
- Limits use of banking based on preservation to 50%
- Provides exemptions for Transit Oriented Development, Multifamily (with more than 25 units), certain government facilities and certain solar projects.
- Creates a work group to evaluate incentives to conserve forest
- Grandfathering language and change in effective date. Does not apply to 1) a forest conservation plan approved before July 1, 2024, that is associated with a subdivision plan, site plan, building permit, or grading or sediment control application or 2) a revision that does not materially alter the proposed or actual limits of disturbance.
SB548/HB550- Clean Transportation and Energy Act- Alters the Electric Vehicle Recharging Equipment Program by extending the duration of the program, repeals the rebates that may be issued to retail service station dealers and repeals the limitations on the total amount of rebates the Maryland Energy Administration may issue each year. Effective date: July 1, 2023.
SB611/HB874- Office of the Attorney General- Environment and Natural Resources Monitoring Unit- Establishment- Establishes the Environment and Natural Resources Monitoring Unit of the Office of the Attorney General to investigate and prosecute cases against person that violate state criminal environment and natural resources laws. Bill was amended to clarify this only applies to criminal cases and changed the name of the department to Environment and Natural Resources Crimes Unit. Effective date: October 1, 2023.
SB689/HB904- Public Utilities- Energy Efficiency and Greenhouse Gas Emissions Reductions- Alterations and Requirements- Altering the goals and requirements of certain energy efficiency programs to include certain greenhouse gas emissions reductions form electric companies and gas companies beginning January 1, 2024.
SB692/HB1181- Credit for Purchase of Zero-Emission and Hybrid Mobile Machinery- Allowing a credit against the State income tax for the purchase of certain zero-emission and hybrid mobile machinery during taxable years 2023 through 2032 for use in the taxpayers’ businesses or for rental or lease to general public.
SB743/ HB840- Climate, Labor, and Environmental Equity Act of 2023- Requiring the Department of the Environment to conduct a certain evaluation regarding the impact of issuing an approval for certain environmental permits.
SB830- Environmental Health Systems Support Act of 2023- As amended the bill requires the Department of the Environment and the Maryland Department of Health, in conjunction with the Board of Environmental Health Specialists, to conduct a study on staffing needs for environmental health specialist in local health department, the MDE to study delegation of well and septic systems. Findings must be reported to the General Assembly by December 1, 2023.
SB923/HB503- Natural Resources- Greenspace Equity Program- Establishment- Establishes the Greenspace Equity Program in the Department of Natural Resources to provide grants to eligible applicants for enhancing the public health and livability of overburdened communities and underserved communities.
SB586/HB612- Natural Resources- Licensed Tree Experts- Alterations- prohibiting a person for engaging in the work of the treatment, care, or removal of certain trees for compensation under a tree expert’s license unless the person is employed by the licensed tree expert. MBIA was able to get a clarifying amendment that this only applies to those “Physically” doing the work (not consultants). Effective date: October 1, 2023
HB216- Environment- Salt Applicator Certification Program- Establishment- Requires the Department of the Environment to establish a Sal Applicator Certification Program to encourage efficient winter maintenance of roadways, parking lots, and sidewalks through the use of salt or salt alternatives.
HB347- Attorney General- Climate Change Actions- Authorization- Authorizing the Attorney General to investigate, commence, and prosecute or defend any suit or action that holds accountable a publicly traded entity with market capitalization greater than $1,000,000,000 or its subsidiaries for any tortious or otherwise unlawful conduct that has contributed to climate change. MBIA successfully negotiated an amendment that made it clear that it only applies to an entity that derives at least 50% of its revenues from coal, oil or gas.
HB493- Department of Commerce- Office of Climate Change Assistance for Small Businesses- Establishment- Establishing the Office of Climate Change Assistance for Small Businesses in the Department of Commerce; authorizing the Office to assist small businesses with issues related to a transition to advanced clean energy and development of certain climate resilience strategies.
HB530- Natural Resources- Forest Mitigation Banks and the Forest Conservation Fund- Alterations- altering the definition of “qualified conservation” for purposes of provisions of law related to forest mitigation banks; extending the deadline for the Department of Natural Resources to accomplish the reforestation or afforestation for which certain money is deposited in the Forest Conservation fund. This legislation was merged in to sb526/hb723.
HB831- Environment- Septic Systems- Online Database- requiring the Department of the Environment to develop and maintain a certain online database of all septic systems installed in the state to track certain information.
HB834- Electric Vehicle Charging Reliability Act- requiring the Public Service Commission to expand the EV Pilot Program to allow participating electric companies to install EV charging stations in multifamily dwellings in underserved communities. Effective Date: October 1, 2023.
HB942- Wetlands and Waterways Program- Authorizations for Stream Restoration Projects- Requiring the Department of the Environment to revise certain criteria, standards, and requirements for wetlands and waterways authorization s for certain stream restoration projects on or before October 1, 2024.
HB1134- Maryland Building Performance Standards- Fossil Fuel Use and Electric- Ready Standards- Requiring the Maryland Department of Labor to adopt, on or before January 1, 2024, and as part of the Maryland Building Performance Standards, a requirement that new buildings meet all energy demands of the building without the use of fossil fuels and an electric-ready standard for certain buildings.
HB1209- Climate Ready Floodplain Act of 2023- requires the Department of the Environment to publish a statewide flood risk assessment map projected to the year 2050. For projects that is located within an area that has a 1% chance of flooding by 2050, The bill prohibits new construction and requires new flood mitigation measures to be implemented for an existing building that is undergoing significant repairs or renovations.
General Contracting
SB 23- Heating, Ventilation, Air Conditioning and refrigeration services- Journeyman License- Qualifications- altering the requirement to have apprentice license for 4 years rather than 3 years and having completed at least 6,000 rather than 1,875 hours of training. Effective October 1, 2023.
SB198/HB505- Elevator Safety- Privately Owned Single-Family Residential Elevators- Inspection and registration requirements- Establishes that an elevator installed in a privately owned single-family residential dwelling is subject to initial inspection and registration. There is no penalty provision and MDL must delete registration once inspection is complete. Effective date October 1, 2023.
SB425/HB674- Maryland Historic Trust- Historic Preservation Loan Fund- Qualified Cooperating Nonprofit Organizations- Transfers- alters use of the MHT by authorizing the fund to be used to make a transfer to a qualified cooperating nonprofit organization. Effective date July 1, 2023.
SB453/HB1097- State and Private Construction Contracts- Prompt Payment Requirements- required a private construction contract to include a provision requiring the owner to pay the contractor within a certain period of time, or if the owner withholds all or part of amount invoiced, to send a notification to the contractor.
HB821- New Single-Family Residential Real Property Stales- Contract Requirements- requiring a contract for the sale of single-family residential real property to identify to the extent known the name, address, and telephone number of any contractor or subcontractor and provide updated information at settlement. NOTE: This bill was introduced at Montgomery County bill and amended to be statewide.
HB1056- Real Property- Warranties- Duration of Warranties and Repair of Defects- Altering the expiration date for implied warranties for dwellings and establishing a procedure to allow a vendor to repair an alleged breach of an implied warranty prior to the owner commencing an action regarding the alleged breach.
Education/ Trades
SB121- More Opportunities for Career-Focused Students Act of 2023- Requiring county boards of education to consider the pursuit of certain certificates, certifications, or apprenticeships as the equivalent of pursuing postsecondary education. Effective Date July 1, 2023.
SB822/HB689- Pathways in Technology Early College High (P-TECH) School Program- High School Diplomas- Requiring that each memorandum of understanding establishing a school in the Pathways in Technology Early College High (P-TECH) School Program ensures that each P-TECH student receives a high school diploma immediately following completion of high school graduation requirements. Effective July 1, 2023.
HOA/Condo
SB593/HB101- Condominiums- Common Elements- Clean Energy Equipment- authorizing certain governing bodies of a condominium to grant an interest affecting the common elements of the condominium for the installation and use of clean energy equipment. Added language: "electric vehicle recharging equipment, solar energy equipment and energy storage systems." MBIA was able to get an amendment to clarify that it only applies to certain equipment.
HB105- Real Property- Condominiums and Homeowners Associations- Governing Bodies and Annual Meetings- requiring the unit owners or lot owners have an opportunity to comment during meetings. It also requires that a unit owner that is not related to the developer be appointed to the board when 25% of units are sold. It also requires the disclosure to the Board of any bonds and the governmental unit that holds the bond. Effective date: October 1, 2023
HB423- Task Force on Common Ownership Communities- Establishes the Task Force on Common Ownership Communities; and requires the Task Force to submit a report of findings and recommendations on or before December 31, 2024. MBIA has a representative on the Task Force. Effective Date: June 1, 2023
HB434- Maryland Condominium Act- Amendments to the Declaration- As introduced the bill reduced from 80% to 60% the percentage of unit owners listed on the current roster of a condominium needed to consent to an amendment of a condominium’s declaration. MBIA was able to negotiate an amendment that clarified this was only after the Developer no longer owned any units. The bill was also amended to be 66.6%. Effective Date: October 1, 2023
HB534- Cooperative Housing Corporations, Condominiums, and Homeowners Associations- Funding of Reserve Accounts- requiring that certain funds for the reserve account of a cooperative housing corporation, a residential condominium, or a homeowner’s association be deposited on or before the last day of each fiscal year. Effective date: October 1, 2023
HB833- Homeowners Associations- Recorded Liens- Voting Prohibition- Authorizing a homeowner’s association to include in its governing documents a provision prohibiting a lot owner from voting at a meeting if the homeowners association has recorded a statement of lien on the low owners’ property and the amount necessary to release the lien has not be paid at the time of the meeting. Effective Date: October 1, 2023
Housing/ Community Development
SB166/HB150- Housing and Community Development- Adaptive Reuse- Establishing that adaptive reuse, retrofitting and repurposing of existing buildings to develop new affordable multifamily housing is eligible for use of certain financial assistance provided by the Department of Housing and Community Development. Effective date- October 1, 2023
SB382/HB239- Accessory Dwelling Unit Promotion and Policy Task force- Establishes the Accessory Dwelling Unit Promotion and policy Task force to study state and local government efforts to promote the creating of accessory dwelling units on land zone for single family residential use and review existing policies. MBIA will have a representative on the task force. Effective date June 1, 2023. Report is due on or before November 1, 2023 and recommendations on or before June 1, 2024.
SB783- Historic Properties Disposition and Preservation Team and Extension of the income Tax Credit for Catalytic Revitalization Projects- Establishing the Historic Properties Disposition and Preservation Team with in the Department of Housing and Community Development. As amended, the bill extends the termination date of the catalytic revitalization project tax credit. It also requires the Smart Growth Subcabinet to study and make recommendations about plan for preservation and reuse of historic complexes. Report due to General Assembly by December 31, 2023.
SB903/HB852- Land Use- Expedited Development Review Processes for Affordable Housing- Application to Religious Organizations- requires a county that uses an expedited development review process for proposed affordable housing developments to consider certain applications from bona fide religious organizations under the expedited development review process.
HB501- Revitalizing Neighborhoods Through Homeownership Program and Fund- Established- Establishing the Revitalizing Neighborhoods Through Homeownership Program to provide financial assistance in the form of loans to political subdivisions to support the purchase and renovation HUD dollar homes and abandoned residential properties for resale to low-to moderate income buyers.
Taxes
SB270/HB142- More Local Tax Relief for Working Families Act of 2023- Altering, from 3.2% to 3.7% the maximum tax rate that a county may impose on an individual’s Maryland taxable income.
SB476/HB371- Recordation Tax- Indemnity Mortgage Exemption- Threshold Amount- Increasing the threshold amount for certain indemnity mortgage transactions that are exempt from the recordation tax from $3,000,000 to $12,500,000.
SB576- Corporate Income Tax- Combined Reporting- required affiliated corporations to compute Maryland taxable income using a combined reporting method.
HB39- Effective Corporate Tax Rate Transparency Act of 2023- requiring a corporation that is required to file a Maryland income tax return to attach a statement identifying the corporations effective tax rate and an explanation of the calculation of the effective tax rate. As amended, the bill requires the Comptroller to submit a report identifying the number of publicly traded corporations conducting a trade or business in another state that are required to file a Maryland Income tax return and paid no amount of State Income tax.
HB46- Corporate Income Tax- Combined Reporting- Requiring affiliated corporations to compute Maryland taxable income using a certain combined reporting method.
HB211- Affordable Housing Investment Act- Requiring the Governor beginning in fiscal year 2025 to include in the annual budget $20,000,000 for the Rental Housing fund. Requires certain taxpayers to add a certain deduction back to federal adjusted gross income to determine Maryland Taxable income.
Multifamily/ Landlord/ Tenant:
SB505/HB684- Landlord and Tenant- Residential Leases and Holdover Tenancies- Local Just Cause Termination Provisions- Authorized a county to adopt by local law or ordinance provisions prohibiting a landlord of residential property from failing to renew a lease or from terminating a holdover tenancy without just cause.
SB819- Real Property- Sale of Apartment Facilities- Rights of Qualified Organizations- Prohibiting an owner of an apartment facility from taking certain actions regarding the sale of the apartment facility unless the owner complies with the requirements of the Act.
HB34- Failure to Pay Rent Proceedings- Prohibition on Rent increases and Sealing of Court Records- Prohibiting a landlord from increasing a tenant’s rent because a judgement was entered against the tenant in a failure to pay rent action.
HB151- Real Property- Residential Leases- Notification of Rent Increases- Requires a landlord to notify a tenant prior to rent increase. The bill also establishes reporting requirements for local jurisdictions that adopt local laws limiting rent increases under specified circumstances. Effective date October 1, 2023.
HB972- Landlord and Tenant- Rent Escrow- Mold in Residential Dwelling Units- adding certain mold hazards to the list of dangerous conditions and defects for which a tenant can obtain relief under the State’s rent escrow statute.
Other
SB288- Criminal and Civil Trespass- Professional Land Surveyors- Exception- Establishing exceptions to criminal prohibitions against trespass on property and the civil tort of trespass professional land surveyors, and agents and employees of professional land surveyors, who enter the property of another to practice land surveying. Effective date October 1, 2023
SB443- Real Estate Brokers, Salespersons and Associate Brokers- Continuing Education Courses- Alterations- Changes the requirements for the subject matter of continuing education courses for licensees issued an initial license by the Real Estate Commission.
SB474/SB945- Sale of Residential Real Property- Offers to Purchase and Transfer Tax- Authorizing a person who offers for sale to a third party improved, single family residential real property, for the first 30 days, to accept only an offer to purchase the property made by an individual a community development organization. The bill alters the rate of the State transfer tax to 15% for certain residential real property
SB723- Corporations and Associations- Electronic Copies Fee- Repeal- repealing the $1 per page for electronic copies of certain documents recorded or filed with the State Department of Assessments and Taxation
HB392- Financial Institutions- Maryland Community Reinvestment Act- Requiring the Commissioner of Financial Regulation to examine and prepare a written evaluation of the record of certain regulated financial institutions in meeting the financial needs of local communities where the institution is chartered.
HB1121- Real Property- Residential Contracts of Sale- Buyer Privacy- Stating it is the intent of the General Assembly to eliminate bias, intentional or otherwise, in housing decisions concerning the sale of single-family, residential real property by removing the name of the buyer from contract of sale prior to acceptance of the contract by the seller.
HB1195- Development Transparency Act of 2023- Requiring a certain entity seeking any waiver or exemption from or authorization under any zoning regulation, zoning map amendment, conditional use permit, final development plan xxx
Local Legislation
Baltimore City
SB29- Baltimore City Soil Conservation District- Establishment- Requirements- Providing for the establishment of a Baltimore City Soil Conservation District.
SB757/HB303- Baltimore City- Air Conditioning in Residential Rental Units- Requiring landlords of residential rental units in Baltimore City to provide air conditioning between June 1 and September 31 each year. Applies for properties with residents 3 years of age or younger or 65 years of age or older.
SB770/HB882- Landlord and Tenant- Holding over- Landlord restrictions and tenant remedies- Establishing that the District Court has exclusive original civil jurisdiction over certain residential eviction cases; clarifying that a tenant holding over may file a petition for injunctive relief under certain circumstances.
SB855/ HB921- Property Tax- In Rem Foreclosure- Authorizing certain vacant property and nuisance properties located in Baltimore City to be subject to a certain in rem foreclosure process.
HB884- Baltimore City- Insurance- Certificates of Guarantee for County Bond Requirements- Authorizing Baltimore City to honor certificates of guarantee that are issued by certain associations or on behalf of certain contractors in order to satisfy certain county bond provisions. NOTE: This allows for expansion of Builder Developer Guaranty Group
Baltimore County
HB1111- Baltimore County- Insurance- Certificates of Guarantee for County Bond Requirements- Authorizing Baltimore City to honor certificates of guarantee that are issued by certain associations or on behalf of certain contractors in order to satisfy certain county bond provisions. NOTE: This allows for expansion of Builder Developer Guaranty Group
Montgomery County
HB778- Montgomery County Planning Trust and Transparency Act of 2023- Altering the appointment process, salary authorization process, and terms for commissioners appointed to the Maryland National Capital Parking and Planning Commission from Montgomery County. As amended, the bill alters provisions of law pertaining to commissioners appointed from Montgomery County to the Maryland National Capital Park and Planning Commission.
HB796- Montgomery County- Maryland- National Capital Park and Planning Commission Restructuring Task force- Established the MNCPP and Planning Commission restructuring task force.
HB819- Montgomery County- Off-Street Parking Requirements Near Mass Transit Stations MC/PG 106-23- Prohibiting the Montgomery County district council from adopting or enforcing a local law that requires the creation of new off-street parking for residential development that is located within a .25 mile radius of a present or planned metro or purple line station.
Prince Georges County
Maryland-Washington Regional District- Standing to Request review of zoning and land use decisions- altering the list of persons that may request judicial review of a final decision of the Prince Georges County District Council. Alters the list of persons that may request the district council to review a decision of a zoning hearing examiner or the Planning Board of Prince Georges County.