HOWARD COUNTY
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Legislative and Regulatory Issues Impacting Howard County
July 2023
Howard County Septic Advocacy MBIA is currently working to address the septic system inefficiencies that exist throughout Howard County. MBIA members have met with Dr. Rossman and Mike Davis to make recommendations for fixing the Septic System. We have made recommendations to County Executive Ball to fix the problem and we will continue to advocate for a more efficient more accountable system. Council Bill 30-23 Councilwoman Liz Walsh introduced CB 30-23 recommending new changes to the county’s Forest Conservation Plan. The bill retains conservation thresholds that have been rendered unnecessary. Planting ratios have been increased to 1:1+ and any forest cleared will be replaced in kind. Afforestation requirements and the 2:1 mitigation requirement for planting in a different watershed are maintained further increasing forest planting requirements above the amount cleared. MBIA opposed the proposed changes and recommended the adoption of the state legislation with the option to update the legislation if it does not meet the no net loss goal outlined in the state bill. In the Work Session for the legislation Councilwoman Walsh has offered to amend the bill to remove the threshold requirements. MBIA is advocating for the 2:1 mitigation requirement to be changed and for Howard County to adopt the previously passed State level forest conservation standards. March 2023 Howard County Septic Advocacy MBIA is currently working to address the septic system inefficiencies that exist throughout Howard County. We have set a meeting with Mike Davis and Dr. Rossman at the Howard County health department to discuss licensing and fee changes that are expected to take place at the end of December. Council Bill 5-23 Electrification Study Chair Rigby has introduced CB 6-23 which would require the Department of Licensing Inspections and Permits to study what would be necessary for all new construction and major renovations to be fully electrified. MBIA has advocated for the County to wait until state guidelines are established for new building code under the 2022 Climate Solutions Now Act. The bill has been amended by the county council to include additional avenues for study. The last public hearing was on February 21st and the Council is set to meet for a closed Session on March 1st. SEPTEMBER 2022 Prefiles for upcoming Session CB54-2022 amending the Howard County Code to prohibit the issuance of certain waivers or variances to Forest Conservation regulations for properties located in the Tiber Branch Watershed. MBIA has testified against the bill under the grounds that this is an unprecedented deviation from good policy and places undue restrictions on site designs. The bill is currently tabled and MBIA does not currently expect the legislation to pass. Howard County will be wrapped up its legislative session on July 27th. The Council will reconvene on September 6th. Prefiles for upcoming Session CB54-2022 amending the Howard County Code to prohibit the issuance of certain waivers or variances to Forest Conservation regulations for properties located in the Tiber Branch Watershed CB55-2022 to enable the Zoning Board to issue a subpoena in certain circumstances; and generally relating to Zoning matters. CB56-2022 amending the zoning regulation text amendment process by requiring a certain applicant for a zoning regulation text amendment to file a certain affidavit and disclosure CB58-2022 Sets the rate of the Public School Facilities Surcharge for certain addition construction; and generally relating to the public school facilities surcharge. JULY 2022 Howard County DPZ Meeting MBIA met with the various departments in the Howard County government. Topics of discussion included Forest Conservation. A status update on the general plan. The implementation of the complete streets program. MIHU Fee-In-Lieu fee increases and the possibility of a third party review. And an electronic signatures progress report. Legislation under consideration CB 45-2022 - Adding Parking garages to the definition of distribution and manufacturing. Classifies them as a storage space. CB 46-2022 - Requires that all heating, ventilation, air conditioning, and service facilities be housed 2 feet above the 100-year flood level CR 99-2022 – Resolution adopting 2023 housing allocation chart. CR 100-2022 - Resolution adopting the updated school capacity chart JUNE 2022 CR 78-2022 MBIA submitted a letter in opposition of an amendment to Bill 78-22 which would have changed the mechanism for calculating Fee-In-Lieu to the difference between prevailing market price and the unit price of a single 3 bedroom attached unit. The amendment was ultimately rejected by the council and replaced with an amendment that raised the Fee-In-Lieu to $3.22. MBIA expects a more substantial increase proposal to come before the council in a future legislative session. Legislation under consideration CR100-2022 A RESOLUTION adopting the School Capacity Chart, pursuant to the Adequate Public Facilities Act of Howard County MAY 2022 CB 27-2022 MBIA testified in support of Bill 27-22 which would permit age restricted adult housing uses in the B1 District in certain circumstances. The bill would allow for age restricted housing to be built if a variety of conditions were met including restricting construction to areas adjacent to where it is already established and limiting the size of any potential project is limited to a 3 acer parcel. Legislation under consideration CB 26-2022 AN ACT amending the Howard County Code to include building development or other development in the process for reserving land for public facilities; and generally relating to reserving land for public facilities. CR 42-2022 A RESOLUTION adopting Howard County’s Annual Action Plan for housing and community services to qualify for the receipt of federal Community Development Block Grant and Home Investment Partnership Program funds. APRIL 2022 Howard County Forest Conservation Legislation Introduced Councilwoman Christiana Rigby introduced CB 14-21 which would require that all 24-inch diameter trees in the county be cataloged across the county. MBIA testified against the measure at the February 22 Public Hearing session as did many other activist organizations. The bill passed the county council on March 7th. Legislation under consideration CB7-2022 AN ACT amending the Howard County Zoning Regulations to require that Moderate Income Housing Units (MIHUs) be developed in the Planned Golf Course Community. Turf Valley approval does not require MIHU’s. This bill would now require MIHU’s in future sections CB8-2022 AN ACT amending the Howard County Code to require that Moderate Income Housing Units (MIHUs) be developed in the Planned Golf Course Community (PGCC) zoning district. Essentially the same as CB7 above. CB9-2022 AN ACT to alter a duty of the Department of Planning and Zoning related to the Adequate Public Facilities Ordinance. Specifically relates to Affordable Housing Projects which are exempted from APFO requirements. Requires an affordable housing project to meet with a designee of the Superintendent and secured a re-assignment or capacity solution if a school is over capacity limits. CB 19-2022 (Rigby) – requires notice to surrounding property owners for residential infill projects of 10 units or less that occur 3 or more years after subdivision approval This seems like legislation to address a particular circumstance in which an infill development came as a surprise to neighbors. It does not provide any additional administrative approval requirements CR 29-2022 (Executive) – Affordable housing PILOT and APFO waiver for Patuxent Commons76-unit mixed-income rental housing development; 69 units will be rented to households that earn at or below 60 percent of Area Median Income (AMI), of which 19 units will be rented to persons with disabilities that earn at or below 30% of AMI; and 7 units will be rented at market rate. MARCH 2022 Forest Conservation Legislation Introduced Councilwoman Christiana Rigby introduced CB 14-21 which would require that all 24 inch diameter trees in the county be cataloged across the county. MBIA testified against the measure at the February 22 Public Hearing session as did many other activist organizations. The bill is scheduled to be voted on in legislative session n March 7th JANUARY 2022 Current Legislation CB 78-21 This is a reintroduction of CB 56 which created a five-year lookback provision and changes the threshold definition of a specimen tree to 24 inches. MBIA has testified on the measure and is optimistic that the bill will be defeated in Council. The measure was passed by the council and vetoed by the County Executive. CB 79-21 This is a reintroduction of CB 57 which created enhanced penalties for violations for the Forest Conservation Act. MBIA has testified against the measure and we are confident that the bill will be defeated in council. The measure has been tabled by the County council and is not expected to be taken back up. CB 87-21 MBIA strongly opposed this measure in the county council. The measure created density changes reducing the allowable density in R-ED and R-20 zones from 4-5 to 3-4. The measure additionally, requires that 25% of dwelling units have a 1,600 square foot maximum. There was little support for the measure in council and the bill has been tabled after the December 6th deliberations. CB 89-21 This bill is similar to bill 78-21 creating a 5 year lookback provision for trees cleared on-site before entering the development process. The bill was proposed by Councilman David Yungmann. This bill passed without our requested amendment. DECEMBER 2021 Current Legislation CB 78-21 This is a reintroduction of CB 56 which created a five-year lookback provision and changes the threshold definition of a specimen tree to 24 inches. MBIA has testified on the measure and is optimistic that the bill will be defeated in Council. The measure has been tabled by the County council and is not expected to be taken back up. CB 79-21 This is a reintroduction of CB 57 which created enhanced penalties for violations for the Forest Conservation Act. MBIA has testified against the measure and we are confident that the bill will be defeated in council. The measure has been tabled by the County council and is not expected to be taken back up. CB 87-21 MBIA strongly opposed this measure in the county council. The measure would create density changes reducing the allowable density in R-ED and R-20 zones from 4-5 to 3-4. The measure additionally, requires that 25% of dwelling units have a 1,600 square foot maximum. There was little support for the measure in council and final deliberations will be held December 6th. CB 89-21 This bill is similar to bill 78-21 creating a 5 year lookback provision for trees cleared on-site before entering the development process. The bill was proposed by Councilman David Yungmann. MBIA members have met with councilman Yungmann and proposed amendments to the measure as well as registering our opposition to the lookback provision. OCTOBER 2021 Forest Conservation Bills Failed Current Legislation CB 66 This bill further outlines the exemptions for a declaration of intent. MBIA has currently not taken a position on the bill. ZRA 198 This measure passed the Planning Board on September 16 by a 3-2 vote and is now under the consideration of the county council. The bill has 3 elements:
MBIA will be submitting comments on the legislation as well as testifying against the measure when it arrives in council. Previous Legislation MBIA was tracking and advocating on two bills that were introduced by Council woman Liz Walsh in the county legislature. CB 56 creates a new broader definition of a specimen tree and creates a lookback provision and retroactively applies this standard to clear cuts over the last 5 years. This bill would potentially cost the county thousands of dollars for an inaccurate assessment of the number of newly defined specimen trees destroyed in the past 5 years and make cutting those trees a punishable offense. MBIA is opposing this measure in both written and oral testimony CB 57 Would require that repeat violators of the Forest Conservation Act have their forest conservation plans for all properties on which a violation occurred. The violator would be barred from taking further action on those projects until the permits department issued a revised Forest Conservation Plan. Both of these bills have been removed from the table by the county council and will not return for further discussion. AUGUST 2021 Forest Conservation We are currently tracking and advocating on two bills that were introduced by Council woman Liz Walsh in the county legislature. CB 56 creates a new broader definition of a specimen tree and creates a lookback provision and retroactively applies this standard to clear cuts over the last 5 years. This bill would potentially cost the county thousands of dollars for an inaccurate assessment of the number of newly defined specimen trees destroyed in the past 5 years and make cutting those trees a punishable offense. MBIA is opposing this measure in both written and oral testimony CB 57 Would require that repeat violators of the Forest Conservation Act have their forest conservation plans for all properties on which a violation occurred. The violator would be barred rom taking further action on those projects until the permits department issued a revised Forest Conservation Plan. Both of these bills have been tabled by the county council and MBIA will be testifying and submitting written testimony on both pieces of legislation. JULY 2021 Legislation (Prefiles) CB 56 adding new definitions to the Forest Conservation ordinance CB 57 Providing for enhanced enforcement measures and penalties for violations of the Forest Conservation Act Legislation Introduced CB44-2021 approving and providing for a multi-year Installment Purchase Agreement by Howard County CB45-2021 approving and providing for a multi-year Installment Purchase Agreement by Howard County CB49-2021 amending Recreation and Parks provisions of the County Code CB50-2021 amending Council Bill No. 59-2018 to provide an additional two years before certain adjustments will be null CR104-2021 adopting the Housing Unit Allocation Chart for Fiscal Year 2022 CR105-2021 adopting the School Capacity Chart JUNE 2021 Meeting with County Executive Ball Members of MBIA met with Count Executive Calvin Ball regarding several issues that we are tracking county wide. Among the topics discussed was the COVID-19 update from the county and trying to find a timeframe that would have people back to the office full time. We also discussed inconsistencies between the General Plan and Howard Counties APFO. Calvin also made several strategic suggestions for how we can approach issues that many of our members care about, especially as regards affordable housing and electronic permit submissions. Bill 74-2021 This is a bill proposed by Councilwoman Liz Walsh that would increase the fees for a ZRA application to $2500. The increase is in response to an internal study by the DPZ that indicated that the cost to process the application was set far below the previous fee. MBIA is monitoring the bill, but it is unlikely to result in significant project cost increases. May 2021 Howard County MBIA/DPZ meeting This month Member so MBIA met with the Howard County DPZ to discuss various topics of importance in the county. DPZ has announced that they are ready to begin a trial system of the new electronic mylar submission system. Other topics of discussion included the HoCo Housing master plan and its relationship to the general plan and APFO. Members of the administration also indicated that with the passage of HB 991 existing mitigation banks will continue to operate as originally intended although moving forward there may be some changes as to what practices may be allowed. CB-24 CB-24 did pass the Howard county legislature but the provisions related to the prohibition of new zoning applications during the general planning process was removed. This was the main objection of MBIA. APRIL 2021
Howard County General Plan This month the County help multiple growth choices workshops in order to solicit community input on the HoCo by design plan. MBIA had members that were present at all of the scheduled community meetings advocating for making the plan more compatible with the building and development interests in Howard County. CB-24 Members of MBIA testified against CB-24 a bill which requires that no action can be taken on a plan 9 years after the creation of a general plan. The act has the potential to be extremely burdensome and to be used as a blunt instrument to halt development during the general planning process. The bill currently sits before the council and will be heard during the legislative session on April 5th. Howard County General Plan
This month we were fortunate to have Amy Gowan speak at the Howard County Chapter meeting where she gave a presentation regarding the GDP whre she talked about the data used to craft the plan, the operating goals, the predicted growth rate, and the operating schedule. Legislation We are currently tracking the following legislation Howard County where we will submit testimony as needed. Updates will be forthcoming as they happen.
Howard County General Plan Currently the government affairs team is submitting comments on the Howard County General Plan. Currently, there is a movement for the plan submission to be delayed and MBIA is working to make sure that the plan is implemented on schedule. The government affairs team is also trying to build a more robust relationship with the Howard County board of education in order to address county concerns about school overcrowding and make sure that development goals serve the greater educational goals of Howard County while easing misplaced fears regarding the relationship between development and school overcrowding. Fee In Lieu Legislation Bill 12-21 which would have prohibited the payment of fees in lieu of local restrictions was defeated in a 2-3 vote. The bill would have made it much more difficult for developers to build in Howard County by making them subject to local ordinances that are inconsistent and often difficult to comply with. Howard County APFO Restructuring MBIA members in Howard county are re-evaluating the APFO and trying to implement some of the recent changes that were put in place in Montgomery County. To that end we have been meeting with Council members and representatives to try an put together a plan to loosen APFO restrictions and make it easier for builders to build in residential areas. We have been meeting with members of the County Council to begin to lay groundwork for APFO changes. Howard County General Plan
Currently the government affairs team is submitting comments on the Howard County General Plan. Currently, there is a movement for the plan submission to be delayed and MBIA is working to make sure that the plan is implemented on schedule. The government affairs team is also trying to build a more robust relationship with the Howard County board of education in order to address county concerns about school overcrowding and make sure that development goals serve the greater educational goals of Howard County while easing misplaced fears regarding the relationship between development and school overcrowding. Bird-Friendly Design Standards
Council Bill 50-2020 updates a statutory reference in the LEED Green Building rating system relating to bird-friendly buildings. It is a technical bill with no substantive effect on the building industry. It passed on October 5. Planning Advisory Committee Appointments Council Resolution 110-2020 appoints members to the Planning Advisory Committee to assist in the development of “Howard County By Design,” Howard County’s next General Plan. This includes Steve Breeden, Jason Van Kirk, and Tim Feaga. It passed on October 5. Route 1 Tax Credit Council Bill 52-2020 extends a property tax credit for commercial and industrial property on Route 1. It was heard on October 19 and is scheduled for a vote on November 2. MBIA’s letter in support, recommending that the bill be expanded to include residential property, can be found here. Electrical Code Updates Council Bill 54-2020 adopts the 2020 National Electrical Code updates, which allows an outdoor disconnect for residential properties. It was heard on October 19 and is scheduled for a vote on November 2. MBIA’s letter suggesting the outdoor disconnection be removed for safety reasons can be found here. APFO Conditionally Exempt Residential Subdivision Plans Council Bill 56-2020 would no longer allow residential subdivisions to be exempt from APFO roads and schools tests. It was heard on October 19 and is scheduled for a vote on November 2. MBIA’s letter in opposition can be found here. Bird-Friendly Design Standards
Council Bill 50-2020 updates a statutory reference in the LEED Green Building rating system relating to bird-friendly buildings. It is a technical bill with no substantive effect on the building industry. The public hearing was held September 21. The vote is scheduled for October 5. Planning Advisory Committee Appointments Council Resolution 110-2020 appoints members to the Planning Advisory Committee to assist in the development of “Howard County By Design,” Howard County’s next General Plan. This includes Steve Breeden, Jason Van Kirk, Tim Feaga, and Angelica Bailey. The public hearing was held September 21. The vote is scheduled for October 5. Bird-Friendly Design Standards
Council Bill 11-2020 requires bird-friendly design standards for buildings that are mandated to achieve a Leadership in Energy and Environmental Design (LEED) rating passed on July 6. Right of First Refusal Council Bill 13-2020 establishes an option for the County or Commission to purchase rental housing units. It was heavily amended and passed on July 6. Housing Allocation and School Capacity Charts Both the Housing Allocation (CR 90) and the School Capacity (CR 91) charts for FY2023 passed on July 6. The updated school capacity map can be found here. JULY 2020
Bird-Friendly Design Standards
Council Bill 11-2020 will be voted on at the legislative session on July 6, 2020. This bill requires bird-friendly design standards for buildings that are mandated to achieve a Leadership in Energy and Environmental Design (LEED) rating Right of First Refusal Council Bill 13-2020 will be voted on at the legislative session July 6, 2020. This bill would amend the County Code to establish an option for the County or Commission to purchase rental housing units. Recordation, & Transfer Tax Increases On May 27, 2020, the Recordation tax increase (Council Resolution 85-2020)proposal failed. The proposed Transfer tax increase (Council Resolution 84-2020) from 1% to 1.5%, was reduced to 1.25% and passed. JUNE 2020
Rent Increases
Council Bill 33-2020, an emergency bill which would have prohibited residential landlords from increasing rent for lease renewals during the COVID-19 State of Emergency, failed on May 18, 2020. APFO/Schools Test Extension Council Bill 1-2020, which proposes to amend APFO to extend the maximum school delay from 5 to 7 years, has been tabled. Bird-Friendly Design Standards Council Bill 11-2020 requires bird-friendly design standards for buildings that are mandated to achieve a Leadership in Energy and Environmental Design (LEED) rating. It has been tabled. Landlord/Tenant Relations Council Bill 12-2020, codifies certain requirements in landlord/tenant relationships, has been withdrawn. Right of First Refusal Council Bill 13-2020 was scheduled for a public hearing on March 16, 2020, but this hearing has been postponed. This bill would amend the County Code to establish an option for the County or Commission to purchase rental housing units. FY 2021 Budget, Recordation, & Transfer Tax Increases The County Executive has introduced the budget for Fiscal Year 2021, which includes raising the transfer tax. The Spending and Affordability Committee Annual Report is also available. This package included proposed increases to the Recordation tax (Council Resolution 85-2020) and Transfer tax (Council Resolution 84-2020). On May 27, 2020, the Recordation tax increase failed. The Transfer tax increase proposed in CR 84, from 1% to 1.5%, was reduced to 1.25% and passed. MAY 2020
All County Council meetings will be conducted virtually until further notice.
Annual Housing Allocations Council Bill 14-2020 passed unanimously and without amendments on April 6. This new law eliminates prior unused housing allocations that have been rolled forward into future allocation years, beginning on July 1, 2020. At that point, no more than 10 percent of the allocations remaining from the immediately preceding year will be allowed to roll forward. APFO/Schools Test Extension Council Bill 1-2020, which proposes to amend APFO to extend the maximum school delay from 5 to 7 years, has been tabled. Bird-Friendly Design Standards Council Bill 11-2020 requires bird-friendly design standards for buildings that are mandated to achieve a Leadership in Energy and Environmental Design (LEED) rating. It has been tabled. Landlord/Tenant Relations Council Bill 12-2020, codifies certain requirements in landlord/tenant relationships, has been tabled. Right of First Refusal Council Bill 13-2020 was scheduled for a public hearing on March 16, 2020, but this hearing has been postponed. This bill would amend the County Code to establish an option for the County or Commission to purchase rental housing units. FY 2021 Budget The County Executive has introduced the budget for Fiscal Year 2021, which includes raising the transfer tax. The Spending and Affordability Committee Annual Report is also available. APRIL 2020
County Housing Commission
Council Bill 13-2020 was scheduled for a public hearing on March 16, 2020, but this hearing has been postponed. This bill would amend the County Code to establish an option for the County or Commission to purchase rental housing units. Annual Housing Allocations Council Bill 14-2020 would eliminate prior unused housing allocations that have been rolled forward into future allocation years beginning on July 1, 2020. At that point, no more than 10 percent of the allocations remaining from the immediately preceding year would be allowed to roll forward. This bill was scheduled for a hearing on March 16, 2020 but has been postponed. APFO/Schools Test Extension Council Bill 1-2020, which proposes to amend APFO to extend the maximum school delay from 5 to 7 years, was tabled in February. Fiscal Analysis Council Bill 8-2020, which requires the County Auditor to prepare a fiscal analysis for every bill introduced, and make that analysis publicly available at least 2 days before the bill’s legislative session, passed on March 2, 2020. MARCH 2020
APFO/Schools Test Extension
Council Bill 1-2020, which proposes to amend APFO to extend the maximum school delay from 5 to 7 years, was tabled in February. Fiscal Analysis Bill Council Bill 8-2020 would require the County Auditor to prepare a fiscal analysis for every bill introduced, and make that analysis publicly available at least 2 days before the bill’s legislative session. MBIA testified in favor of this bill at the February 18 hearing. A vote is scheduled for March 2. FEBRUARY 2020
APFO/Schools Test Extension
Council Bill 1-2020, which proposes to amend APFO to extend the maximum school delay from 5 to 7 years, was heard at the January 21, 2020 hearing. MBIA was present and testified against it. This bill is identical to Council Bill 17-2019, which failed in July 2019. Forest Conservation
The County Council passed several bills relating to Forest Conservation on December 2nd: CB61-2019, CB62-19 and CR142-19. These bills increase reforestation ratios and conservation thresholds, raise the standards for waivers/variances, and increase fees in lieu, in addition to other changes. Scenic Roads The Council passed CB63-2019 on December 2nd, which increases the minimum buffer of existing forest or wooded area between a scenic road and a new from 35 feet to 100 feet. This bill also expands the authority of the Planning Board and provides additional criteria for their decision-making regarding ingress/egress, road improvements, and buffers. |